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HomeMy WebLinkAboutM041001BOARD OF SUPERVISORS MINUTES April 10, 2001 R.J. BEELER, 1st District JANE DOLAN, 2nd District MARY ANNE HOUX, 3rd District CURT JOSIASSEN, 4th District KIM YAMAGUCHI, 5th District Call to Order - Board of Supervisors Room, County Administration Building, 25 County Center Drive, Oroville. Supervisors present: Beeler, Dolan, Houx, Yamaguchi, and Chair Josiassen. Also present: John S. Blacklock, Chief Administrative Officer; Bruce Alpert, County Counsel; and Marion Reeves, Assistant Clerk of the Board. Pledge of Allegiance to the Flag of the United States of America. Invocation - Reverend Bob Shell, Evangelical Free Church, Chico. Consent Acrenda 01-094 1. Approval of Minutes - action requested - APPROVE MINUTES OF MARCH 13, 2001. 2. Budget Transfers - action requested - APPROVE BUDGET TRANSFERS B-282 (VARIOUS COUNTY SERVICE AREAS (4 /5 vote required); B-284 (SOCIAL WELFARE/ISF); AND B-283 (DEVELOPMENT SERVICES [4 /5 vote required]). 3. County Library Donations - in accordance with Government Code Section 25355, donations of $2,130 from the Chico Friends of the Library, $500 from the Paradise Friends of the Library, $500 from the Fraternal Order of Eagles #196 of Oroville, and $100 from Ed and Patti Conlin of Chico, have been received for the Butte County Trust Fund for the purchase of books - action requested - ACCEPT DONATIONS AND AUTHORIZE LETTERS OF APPRECIATION. 4. Fire Department Donation - in accordance with Government Code Section 25355, a donation of $5,000 has been received from the Emergency Services Foundation for the purchase of Emergency Medical Services Backboard Straps - action requested - ACCEPT DONATION AND AUTHORIZE A LETTER OF APPRECIATION. Page 134 April 10, 2001 April 10, 2001 O1-094 5. Resolution of Intent to Form a County Service Area (CSA) - pursuant to Government Code Section 25210.10 et seq., Board approval is requested by the Public works Department for a resolution of intent to form County Service Area No. 174 (Durham Land Estates), and to set a public hearing for consideration of the matter for April 24, 2001, at 10:30 a.m. The CSA is being formed to provide maintenance of storm drain facilities and street lighting for the Durham Land Estates Subdivision (supervisorial district 4). The Local Agency Formation Commission approved formation of the CSA on April 5, 2001 - action requested - ADOPT RESOLUTION O1-033 AND AUTHORIZE THE CHAIR TO SIGN; AND DIRECT NOTICE OF THE HEARING BE GIVEN PURSUANT TO GOVERNMENT CODE SECTION 25210.16. 6. Resolution Endorsing the Transfer of State General Funds for Fiscal Year 2000-2001 From the State to the California Mental Health Directors Association (CMHDA) - Board approval is requested by the Butte County Department of Behavioral Health for a resolution which would authorize the transfer of State Department of Mental Health funds directly to CMHDA for the provision of early and periodic screening, diagnosis and treatment speciality mental health services for Medi-Cal beneficiaries placed outside Butte County - action requested - ADOPT RESOLUTION O1-034 AND AUTHORIZE THE CHAIR TO SIGN. 7. Unanticipated Revenue - welfare Department - Board approval is requested by the welfare Department to accept and appropriate $17,223 in State funds received for the Kinship/Foster Care Emergency Fund program, and $16,209 in State funds received for the Emancipated Youth Stipend which is used to pay costs associated with the Independent Living Program. Both allocations are 1000 State funds with no County match required - action requested - APPROVE BUDGET TRANSFER B-287 (4/5 vote required) ACCEPTING AND APPROPRIATING UNANTICIPATED REVENUE. 8. Mid-Year Adjustments to welfare Aids Budget - Board approval is requested by the welfare Department for adjustments to the department's Aids budget unit as a result of a mid-year review. The adjustments, as detailed in Attachment A and B of the staff report, respond to changes in revenue and appropriations due to various In-Home Supportive Services costs - action requested - APPROVE BUDGET TRANSFER B-286 MAKING BUDGET UNIT ADJUSTMENTS AS DETAILED IN THE STAFF REPORT. Page 135 April 10, 2001 April 10, 2001 O1-094 9. Adoption of a Salary Ordinance Amendment - the District Attorney has requested the Personnel Department prepare a salary ordinance amendment which deletes one position of Supervisor-Family Support Services, and adds one flexibly staffed position of Administrative Analyst III/II/I to provide the department with greater staffing choices - action requested - ADOPT ORDINANCE 3706 AND AUTHORIZE THE CHAIR TO SIGN. (FROM 3-27-O1 [3.17]) 10. Adoption of a Salary Ordinance Amendment - the District Attorney has requested the Personnel Department prepare a salary ordinance amendment which adds fifteen flexibly staffed positions of Office Assistant III/II/I, and eight flexibly staffed positions of Family Support Case Manager III/II/I to replace extra-help positions within the department with permanent positions. Funding for the positions is available utilizing the State's base allocation for extra-help positions - action requested - ADOPT ORDINANCE 3707 AND AUTHORIZE THE CHAIR TO SIGN. (FROM 3-27-O1 [3.18] ) 11. Introduction of a Salary Ordinance Amendment - the Public works Department has requested the Personnel Department prepare a salary ordinance amendment which increases the salary range for the positions of Engineering Aide I ($12.30-$14.95 to $12.80-$15.55); Engineering Aide II ($13.59-$16.52 to $14.14-$17.19); Engineering Technician I ($15.79-$19.19 to $16.42-$19.96); and Engineering Technician II ($17.44-$21.20 to $18.14- $22.05) effective March 31, 2001, as a result of a classification study. The ordinance also creates the classification of Engineering Technician III ($19.96- $24.26); and flexibly staffs all Engineering Technician II positions to Engineering Technician II/III positions - action requested - WAIVE READING OF THE ORDINANCE. 12. Introduction of a Salary Ordinance Amendment - the welfare Department has requested the Personnel Department prepare a salary ordinance amendment which adds one flexibly staffed position of Principal Analyst/Administrative Analyst III/II/I to support analyst activities associated with CalWORKs incentive revenues - action requested - WAIVE READING OF THE ORDINANCE. Page 136 April 10, 2001 April 10, 2001 O1-094 13. Introduction of a Salary Ordinance Amendment - the Development Services Department has requested the Personnel Department prepare a salary ordinance amendment which corrects the effective date of the salary amendment for the position of Geographic Information System (G.I.S.) Manager, retroactive to the Memorandum of Understanding parity adjustment of October 2, 1999 - action requested - WAIVE READING OF THE ORDINANCE. 14. Introduction of a Salary Ordinance Amendment - the Public Health Department has requested the Personnel Department prepare a salary ordinance amendment which extends the term position of Program Manager-Butte County Children and Families Commission to June 30, 2002. The position is fully funded by the Butte County Children and Families Commission - action requested - WAIVE READING OF THE ORDINANCE. 15. Introduction of an Ordinance - Olive Fruit Fly - Board approval is requested by the Agricultural Commissioner for an ordinance which would provide additional protection to the local olive industry by requiring inspections of potentially infested fruit coming to Butte County from other areas, and allowing action to be taken on olive trees that are found to be infested within Butte County - action requested - WAIVE READING OF THE ORDINANCE. 16. Resolution Proclaiming April as Child Abuse Prevention Month in Butte County - action requested - ADOPT RESOLUTION O1-035 AND AUTHORIZE THE CHAIR TO SIGN. 17. Resolution Declaring a Four-way Stop Intersection at Palmetto Avenue and Sheridan Avenue - Board approval is requested by the Public works Department for a resolution which would declare a four-way stop at the intersection of Palmetto Avenue and Sheridan Avenue. Traffic control considerations deem it advisable to declare the intersection a four-way stop - action requested - ADOPT RESOLUTION O1-036 AND AUTHORIZE THE CHAIR TO SIGN; AND DIRECT THE DIRECTOR OF PUBLIC WORKS TO INSTALL LEGAL STOP SIGNS AT THE APPROPRIATE ENTRANCES THERETO, AND TO PROVIDE PEDESTRIAN CROSSWALKS. Page 137 April 10, 2001 April 10, 2001 O1-094 18. Reconstruction of Humboldt Road From Dead Horse Slough to El Monte Avenue; County Project No. 55281-2000-1 - the project consists of a total of 0.21 miles of roadway reconstruction from Dead Horse Slough to El Monte Avenue. It is anticipated that 1000 of the construction costs will be reimbursable through the State Transportation Improvement Program - action requested - APPROVE PLANS AND SPECIFICATIONS; AUTHORIZE THE CHAIR AND THE DIRECTOR OF PUBLIC WORKS TO SIGN PLANS; ADOPT A WAGE SCALE; AND AUTHORIZE THE DIRECTOR OF PUBLIC WORKS TO ADVERTISE FOR BIDS. 19. Roadway widening on Midway at the Durham Ballpark Entrance Intersection; County Project No. 26311-2-00-1 - the project consists of a total of 700 feet of roadway widening at the intersection of the Durham Ballpark entrance on Midway to accommodate the installation of left turn pockets - action requested - APPROVE PLANS AND SPECIFICATIONS; ADOPT A WAGE SCALE; AND AUTHORIZE THE DIRECTOR OF PUBLIC WORKS TO ADVERTISE FOR BIDS. 20. Reconstruction of Concow Road from State Route 70 to Nelson Bar Road; County Project No. 52515A-94-A - the project consists of a total of 1.0 mile of roadway reconstruction from State Route 70 to Nelson Bar Road. It is anticipated that 1000 of the construction costs will be reimbursable through the State Transportation Improvement Program - action requested - APPROVE PLANS AND SPECIFICATIONS; AUTHORIZE THE CHAIR AND THE DIRECTOR OF PUBLIC WORKS TO SIGN PLANS; ADOPT A WAGE SCALE; AND AUTHORIZE THE DIRECTOR OF PUBLIC WORKS TO ADVERTISE FOR BIDS. 21. Reconstruction of River Road Bridge Across Big Chico Creek; Federal Project No. BRLO-5912(027); County Project No. 41123-90-1 - Contract Change Order (CCO) No. 4 - CCO No. 4, in the increasing amount of $41,621.78, provides for compensation to the contractor for additional move- in, labor, equipment, tools, materials, and incidentals necessary to respond to a seven-week delay caused by local wildlife. The CCO qualifies for reimbursement as outlined under the Federal Bridge Replacement Program - action requested - APPROVE CCO NO. 4 AND AUTHORIZE THE CHAIR TO SIGN. Page 138 April 10, 2001 April 10, 2001 O1-094 22. Public Financial Management, Inc. - Amendment - Board approval is requested by the Administrative Office for an amendment to the agreement with Public Financial Management, Inc., for the preparation of financial planning documents to support the loan and grant applications needed for the Chico Urban Area Nitrate Compliance Plan. The amendment extends the term of the agreement through February 28, 2002, and increases the maximum amount payable by $20,125 (CSA 114 funds) to provide for additional work needed to prepare the required documents - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X11441) 23. State of California-Department of Alcohol and Drug Programs - Board approval is requested by the Butte County Department of Behavioral Health for an amendment to the grant agreement with the State of California- Department of Alcohol and Drug Programs for $7,185 in additional funds to support the Drug Court Partnership Project . The additional funds will be used for increased drug testing for participants in the program. All other terms and provisions remain the same - action requested - ADOPT RESOLUTION O1-037 APPROVING AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. R40153) 24. Thomas Lancaster M.D. - Amendment - Board approval is requested by the Butte County Department of Behavioral Health for an amendment to the agreement with Thomas Lancaster M.D., for the provision of psychiatric services to adult and youth clients. The amendment increases the maximum amount payable by $4,104 (department budget) in response to an increased need for services, with all other terms and provisions to remain the same - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X11300) 25. Northern Valley Catholic Social Services - Amendment - Board approval is requested by the Butte County Department of Behavioral Health (BCDBH) for an amendment to the agreement with Northern Valley Catholic Social Services for the provision of mental health services to BCDBH children and youth clients. The amendment extends the term of the agreement through June 30, 2001, with all other terms and provisions to remain the same - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X11911) Page 139 April 10, 2001 April 10, 2001 O1-094 26. Work Training Center (Do-It-Leisure) - Amendment - Board approval is requested by the Butte County Department of Behavioral Health for an amendment to the half-day rehabilitation agreement with the work Training Center (Do-It-Leisure) which reduces the maximum amount payable by $10, 667 .35 in response to a delay in the work Training Center's move to a larger facility. The delayed move will reduce the number of clients which will be seen this fiscal year. All other terms and provisions of the agreement will remain the same - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X11487) 27. Work Training Center (Do-It-Leisure) - Amendment - Board approval is requested by the Butte County Department of Behavioral Health for an amendment to the socialization services agreement with the work Training Center (Do-It- Leisure) which clarifies the line item budget schedule for Fiscal Year 2000-2001. All other terms and provisions of the agreement will remain the same - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X11486) 28. T.W. DuFour and Associates - Board approval is requested by the Butte County Department of Behavioral Health for a lease agreement with T.w. DuFour and Associates for the property located at 500 Cohasset Road, Suite 34, Chico. The facility will be utilized by the Youth Services Division. The term of the agreement is March 1, 2001, through February 28, 2011, with a maximum amount payable of $185,643.55 (department budget) for the multi-year term. The agreement also provides for in-fill costs of $38,404.12 (department budget), with the lessor providing the space rent free for three months as their contribution toward in-fill costs - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X11967) 29. Brown's River Records Preservation Services - Board approval is requested by the County Clerk-Recorder for a sole source agreement with Brown's River Records Preservation Services for historical records restoration and preservation services. The term of the agreement is July 1, 2000, through June 30, 2003, with a maximum amount payable of $15,000 per year (Recorder's Micrographics Trust Fund). The sole source approval is requested to provide for continued use of the vendor who began the preservation process in Fiscal Year 1994-1995 - action requested - APPROVE SOLE SOURCE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X11974) Page 140 April 10, 2001 April 10, 2001 01-094 30. Griffith and Associates - Board approval is requested by Facilities Services for an agreement with Griffith and Associates for architectural services for 42 County Center Drive. The building was recently vacated by the welfare Department and will be remodeled to accommodate the Probation Department. The term of the agreement is through April 26, 2001, with a maximum amount payable of $60,000 (Probation Department budget) - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X11973) 31. State Department of Health Services - Board approval is requested by the Public Health Department for a revenue agreement with the State Department of Health Services for funds to support public health prevention, education, and case management services directed toward the reduction of lead poisoning in Butte County. The term of the agreement is July 1, 2000, through June 30, 2002, with a maximum amount payable to the County of $89,826 - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. 32. California Department of Transportation - Fiscal Year 2000-2001 Federal Apportionment Exchange Program and State Match Program Agreement - Board approval is requested by the Public works Department for an agreement with the California Department of Transportation which will provide for the Department of Transportation to exchange Regional Surface Transportation Program funds for non-federal funds - action requested - ADOPT RESOLUTION O1-038 AUTHORIZING EXECUTION OF EXCHANGE AND STATE MATCH AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. Page 141 April 10, 2001 April 10, 2001 01-094 33. State of California-Department of Boating and waterways - Grant Application - Board approval is requested by the Sheriff's Office to apply to the State of California- Department of Boating and waterways for a grant in the amount of $205,040 for Fiscal Year 2002-2003. The grant funds would provide for two additional full-time deputy sheriff positions, and extra help deputies to patrol Lake Oroville, the Sacramento River, and the Feather River, utilizing vehicles and boats. The grant funds would also be utilized for maintenance of vehicles, boats, and equipment. As a condition of the grant, the County must adopt a resolution annually that certifies that the County will expend an amount equal to 1000 of the personal property taxes on vessels for boating and safety programs. The Auditor-Controller has estimated the County will receive $40,800 in personal property taxes related to vessels in Fiscal Year 2002-2003. The Sheriff's Office recently analyzed current year costs related to its existing boating safety and enforcement programs and has determined that the County would qualify for financial aid through this grant without any additional general purpose revenue required - action requested - ADOPT RESOLUTION O1-039 IN SUPPORT OF THE BOATING SAFETY AND ENFORCEMENT AID PROGRAM AND AUTHORIZE THE CHAIR TO SIGN; APPROVE THE GRANT APPLICATION FOR FISCAL YEAR 2002-2003 AND AUTHORIZE THE CHAIR TO SIGN; AUTHORIZE THE SHERIFF-CORONER TO SIGN THE BOATING SAFETY AND ENFORCEMENT AID PROGRAM APPLICATION FOR FINANCIAL AID FORM; AUTHORIZE KEN JONES, ASSISTANT AUDITOR-CONTROLLER, TO SIGN THE DOCUMENTATION OF ESTIMATED BOAT TAX REVENUES FORM; AND AUTHORIZE SUSAN TIFFANY, MARVA VANGILDER, TINA BOYKO, AND KAREN HALLER TO SIGN THE QUARTERLY CLAIMS FOR REIMBURSEMENT FORMS. 34. Addus Healthcare - In-Home Supportive Services Contract - Board approval is requested by the welfare Department for an amendment to the agreement with Addus Healthcare for the provision of In-Home Supportive Services. The amendment increases the maximum hourly contract rate to $11.59 as a result of legislative action and negotiations between the contractor and the United Domestic workers of America, and increases the contract hours for Fiscal Year 2000-2001 by 14,000 hours, and reduces the contract hours for Fiscal Year 2001-2002 by 14,000 hours - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X11610) Page 142 April 10, 2001 April 10, 2001 O1-094 35. Butte County Child Support Customer Services Plan -Board approval is requested by the District Attorney, in compliance with State mandate, to establish a Butte County Child Support Customer Service Plan. The State has allocated funding in the amount of $217,091 (Federal/State funding) for a two-component Local Customer Service Plan. The first component is an Ombudsman Program ($65,000) designed to provide customers with access to an independent authority to mediate, investigate, and resolve complaints, and to facilitate responses to public inquiries. The second component is a Customer Service Program ($152,091) which will provide public outreach programs, web-based access to the child support enforcement program, new customer single point of contact services, and an enhanced staff training program in customer service. The proposed plan also includes 6 additional permanent employees, and the purchase of a vehicle - action requested - APPROVE BUDGET TRANSFER B-285 (4/5 vote required) ACCEPTING AND APPROPRIATING $217,091 IN UNANTICIPATED PROGRAM REVENUE; AND APPROVE PURCHASE OF FIXED ASSET VEHICLE IN THE AMOUNT OF $17, 000. (147) MOTION: I MOVE TO APPROVE THE CONSENT AGENDA WITH ITEM 3.05 AMENDED TO CHANGE THE PUBLIC HEARING TIME FOR CONSIDERATION OF THE FORMATION OF THE COUNTY SERVICE AREA TO APRIL 24, 2001, AT 10:30 A.M. S M VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) Regular Agenda O1-095 Appointments - Boards, Commissions, and Committees. (173) 1. Appointments to listed vacancies. SUPERVISOR DOLAN INFORMS THE CLERK THAT PRISCILLA LEONARDI- DRON, DISTRICT 2 REPRESENTATIVE TO THE BUTTE COUNTY MOSQUITO ABATEMENT DISTRICT, HAS RESIGNED HER POSITION ON THAT COMMITTEE. CHAIR JOSIASSEN ALSO INFORMS THE CLERK THAT LANTZ STEADMAN, DIRECTOR, RICHVALE SANITARY DISTRICT, HAS RESIGNED HIS POSITION ON THAT COMMITTEE. 2. Butte County Fire Safe Council - consideration of a Board member appointee to the Butte County Fire Safe Council - action requested - MAKE APPOINTMENT. MOTION: I MOVE TO APPOINT SUPERVISOR YAMAGUCHI, APPOINTEE, AND SUPERVISOR BEELER, ALTERNATE, TO THE BUTTE COUNTY FIRE SAFE COUNCIL. M S VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) Page 143 April 10, 2001 April 10, 2001 O1-095 3. Butte County Children and Families Commission - consideration of appointments to commission vacancies - action requested - MAKE APPOINTMENTS. MOTION: I MOVE TO REAPPOINT SUPERVISOR DOLAN, BOARD MEMBER REPRESENTATIVE; DR, MARK LUNDBERG, COUNTY HEALTH OFFICER; SANDRA MACHIDA, EDUCATOR-EARLY CHILDHOOD DEVELOPMENT REPRESENTATIVE; AND GENE SMITH, COMMUNITY BASED ORGANIZATION REPRESENTATIVE; ALL TO TERMS TO END APRIL 1, 2003. M S VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) O1-096 Update on legislative and budget activities. (344) JOHN S. BLACKLOCK, CHIEF ADMINISTRATIVE OFFICER, AND CHAIR JOSIASSEN DISCUSS THE ENERGY CRISIS IN THE STATE, INCLUDING A DISCUSSION ON THE REDUCED PROPERTY TAX PAYMENT DUE THE COUNTY FROM PG&E, AND A REPORT ON THE DISCUSSION OF THE ENERGY CRISIS WHICH TOOK PLACE LAST WEEK AT THE CALIFORNIA STATE ASSOCIATION OF COUNTIES' LEGISLATIVE CONFERENCE. 1. Letter of Support for Senate Bill (SB) 74 (Speier and McPherson) - consideration of a letter of support for SB 74 which would eliminate the requirement for county libraries, as defined, from having to shift property tax revenues to the Educational Revenue Augmentation Fund - action requested - APPROVE LETTER OF SUPPORT AND AUTHORIZE THE CHAIR TO SIGN. (727) MOTION: I MOVE TO APPROVE THE LETTER OF SUPPORT AND AUTHORIZE THE CHAIR TO SIGN. M S VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) 2. Letter of Support for Assembly Bill (AB) 11 (Dickerson) - Board approval is requested by the Agricultural Commissioner for a letter of support for AB 11, which will define language in the Food and Agriculture Code, Sections 8760 and 8772, to include olives in the formation of pest control districts. This action will allow olive growing counties to establish pest control districts to eradicate and/or control Olive Fruit Flies - action requested - APPROVE LETTER OF SUPPORT AND AUTHORIZE THE CHAIR TO SIGN. (800) MOTION: I MOVE TO APPROVE THE LETTER OF SUPPORT AND AUTHORIZE THE CHAIR TO SIGN. M S VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) Page 144 April 10, 2001 April 10, 2001 01-097 Dry Year water Transfers - Report to the Board - report to the Board by Naser Bateni, Chief of the Division of Local Assistance, Department of water Resources, on the State water Resources Control Board's Phase VIII findings - action requested - ACCEPT FOR INFORMATION. (852) PRESENTATION TO THE BOARD BY NASER BATENI, CALIFORNIA DEPARTMENT OF WATER RESOURCES; DAN KEPPEN, UNITED STATES BUREAU OF RECLAMATION; AND DAN FLOUREY, DEPARTMENT OF WATER RESOURCES- STATE WATER PROJECT. 01-098 Behavioral Health Master Plan - presentation of the five-year Master Plan for the Butte County Department of Behavioral Health - action requested - ADOPT PLAN. (2851) (**00) MOTION: I MOVE TO ADOPT THE PLAN. S M VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) RECESS RECONVENE 10:47 A.M. 10:59 A.M. Public Hearincrs and Timed Items O1-099 Public Hearing - Negative Declaration Regarding the Formation of the Butte County Resource Conservation District - consideration of the Initial Study on the formation of a special district, the Butte County Resource Conservation District, covering all the unincorporated areas of the County, excluding all the territory within the Vina Resource Conservation District. The reasons for forming the District are to obtain grants and other funding from public and private sources to bring money and resources into Butte County to be made available on a voluntary basis to individual property owners and other entities for addressing conservation issues including, but not limited to: soil and water conservation, the control of runoff, the prevention and control of soil erosion, and erosion stabilization within open areas, agricultural areas, wildlife areas, watershed areas, timber lands, other non-urban lands, and treatment of such land according to its needs. This is a project upon which a Negative Declaration Regarding Environmental Impacts has been recommended - action requested - STAFF RECOMMENDS THE BOARD TAKE THE FOLLOWING ACTIONS: 1. SUBJECT TO FINDINGS I(a-e) AS DETAILED IN THE STAFF REPORT DATED FEBRUARY 26, 2001, ADOPT A NEGATIVE DECLARATION AND AUTHORIZE THE CHAIR TO SIGN; Page 145 April 10, 2001 April 10, 2001 O1-099 2. FIND THAT THE PROPOSED PROJECT WILL NOT CAUSE ENVIRONMENTAL DAMAGE TO FISH AND/OR WILDLIFE OR THEIR HABITAT AND APPROVE A "DE MINIMUS" EXEMPTION TO THE COLLECTION OF FEES PURSUANT TO FISH AND GAME CODE SECTION 711.4(d)(3) AND 14 CCR 753.5, AS THERE ARE NO IDENTIFIED IMPACTS ON FISH OR WILDLIFE WITH REGARD TO THE CREATION OF THE RESOURCE CONSERVATION DISTRICT; AND 3. ADOPT A RESOLUTION, SUPERCEDING RESOLUTION 99-161, WHICH CLARIFIES THE REASONING BEHIND THE FORMATION OF A RESOURCE CONSERVATION DISTRICT BY ELIMINATING THE REFERENCE TO "URBAN DEVELOPMENT" WHICH IS INCONSISTENT WITH THE PROPOSED BOUNDARIES OF THE RESOURCE CONSERVATION DISTRICT, AND AUTHORIZE THE CHAIR TO SIGN. (FROM 11-9-99 [5.01] ) (**901) PUBLIC HEARING OPENED: 11:00 A.M. PUBLIC HEARING CLOSED: 11:08 A.M. MOTION: SUBJECT TO FINDINGS I(a-e) AS DETAILED IN THE STAFF REPORT DATED FEBRUARY 26, 2001, I MOVE TO ADOPT A NEGATIVE DECLARATION AND AUTHORIZE THE CHAIR TO SIGN; FIND THAT THE PROPOSED PROJECT WILL NOT CAUSE ENVIRONMENTAL DAMAGE TO FISH AND/OR WILDLIFE OR THEIR HABITAT AND APPROVE A "DE MINIMUS" EXEMPTION TO THE COLLECTION OF FEES PURSUANT TO FISH AND GAME CODE SECTION 711.4(d)(3) AND 14 CCR 753.5, AS THERE ARE NO IDENTIFIED IMPACTS ON FISH OR WILDLIFE WITH REGARD TO THE CREATION OF THE RESOURCE CONSERVATION DISTRICT; AND FURTHER MOVE TO ADOPT RESOLUTION O1-040, SUPERCEDING RESOLUTION 99-161, WHICH CLARIFIES THE REASONING BEHIND THE FORMATION OF A RESOURCE CONSERVATION DISTRICT BY ELIMINATING THE REFERENCE TO "URBAN DEVELOPMENT" WHICH IS INCONSISTENT WITH THE PROPOSED BOUNDARIES OF THE RESOURCE CONSERVATION DISTRICT, AND AUTHORIZE THE CHAIR TO SIGN. S M VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) Regular A ecr nda 01-100 New Butte County Juvenile Hall - Staffing Plan, Award of Bid and Budget Transfer - consideration of a proposed staffing plan for the new Juvenile Hall facility, and bids have been opened for the Juvenile Hall construction project, with the low bidder being Flintco, Inc., of Rancho Cordova, California, in the base bid amount of $9,115,000. The bid also includes bid alternatives in the amount of $163,990 which staff is presenting to the Board for consideration - action requested: 1. ADOPT RESOLUTION APPROVING STAFFING PLAN FOR THE 120 BED JUVENILE HALL AND AUTHORIZE THE CHAIR TO SIGN; Page 146 April 10, 2001 April 10, 2001 O1-100 2. AWARD BID TO FLINTCO, INC., AND AUTHORIZE THE CHAIR TO SIGN CONSTRUCTION AGREEMENT SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER; AND 3. APPROVE NECESSARY BUDGET TRANSFER (4 /5 vote required). (**1308) MOTION: I MOVE TO ADOPT RESOLUTION O1-041 APPROVING THE STAFFING PLAN FOR THE 120 BED JUVENILE HALL AND AUTHORIZE THE CHAIR TO SIGN; AWARD THE BID TO FLINTCO, INC., TO INCLUDE THE BID ALTERNATIVES CONSISTING OF THE SECURITY FENCING FOR THE OUTDOOR RECREATION YARD, AND THE INCLUSION OF THE E.I.F.S. INSULAION SYSTEM, AND AUTHORIZE THE CHAIR TO SIGN CONSTRUCTION AGREEMENT SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER; AND APPROVE A BUDGET TRANSFER OF $767,901, FROM THE APPROPRIATION FOR CONTINGENCIES FUND, WHICH INCLUDES THE $163,900 FOR THE ADDITIONAL BID ALTERNATIVES SELECTED. S M VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) 01-101 Intelliwaste, Inc. - Amendment - Board approval is requested by the Public works Department for an amendment to the agreement with Intelliwaste, Inc., for the provision of rate setting processes and negotiation services in support of the Solid waste Management Collection Service Agreement process. The amendment increases the maximum amount payable by $68,160 (Neal Road Landfill Management fund) to provide for the increased services necessary to complete the negotiation process with the waste haulers - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN; PROVIDE CONFIRMATION OF PREVIOUS BOARD POLICY DIRECTION TO INCLUDE THE FOLLOWING ITEMS IN THE WASTE SERVICE AGREEMENTS: CUSTOMER BILL OF RIGHTS, EXEMPTION FOR SMALL WASTE HAULERS, PUBLIC SERVICE AND PUBLIC EDUCATION REQUIREMENTS, AND ESTABLISHMENT OF A RATE REVIEW METHODOLOGY; AND DIRECT THE PUBLIC WORKS DEPARTMENT, SOLID WASTE DIVISION, WORKING THROUGH THE SOLID WASTE COMMITTEE, TO NEGOTIATE WASTE SERVICE AGREEMENTS WITH THE WASTE HAULERS AND TO BRING BACK TO THE FULL BOARD THE PROPOSED AGREEMENTS FOR CONSIDERATION AND ACTION. (**2180) (***00) Page 147 April 10, 2001 April 10, 2001 O1-101 VOTE MOTION: I MOVE TO APPROVE THE PROPOSED AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN; MOVE TO PROVIDE CONFIRMATION OF PREVIOUS BOARD POLICY DIRECTION TO INCLUDE THE FOLLOWING ITEMS IN THE WASTE SERVICE AGREEMENTS: CUSTOMER BILL OF RIGHTS, EXEMPTION FOR SMALL WASTE HAULERS, PUBLIC SERVICE AND PUBLIC EDUCATION REQUIREMENTS, ESTABLISHMENT OF A RATE REVIEW METHODOLOGY, 1000 SOLID WASTE STREAM DIVISION TO THE COUNTY LANDFILL, AND HAULER PARTICIPATION/COUNTY PARTICIPATION OF A LINE DIVISION OF BUTTE COUNTY INTO TWO SEPARATE SERVICE AREAS. I FURTHER MOVE TO DIRECT PUBLIC WORKS-SOLID WASTE DIVISION STAFF AND CONSULTANT, INTELLIWASTE, INC., THROUGH IT'S PRINCIPAL, BRUCE MURPHY, WORKING IN CONJUNCTION WITH THE SOLID WASTE COMMITTEE, TO PREPARE A DRAFT WASTE SERVICE AGREEMENT, AND TO ESTABLISH THE BOARD MEETING OF MAY 22, 2001, AS THE DEADLINE FOR HAVING THE DRAFT AGREEMENT PRESENTED TO THE BOARD FOR CONSIDERATION. S M l Y 2 N 3 N 4 Y 5 Y (Motion Carried) O1-102 CLOSED SESSION: THE BOARD RECESSED AT 12:33 P.M. TO A CLOSED SESSION CONFERENCE WITH LEGAL COUNSEL REGARDING SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(b)(1) ONE POTENTIAL CASE; PUBLIC EMPLOYEE APPOINTMENT/EMPLOYMENT PURSUANT TO GOVERNMENT CODE SECTION 54957: DIRECTOR OF CHILD SUPPORT SERVICES; AND PUBLIC EMPLOYEE APPOINTMENT/EMPLOYMENT PURSUANT TO GOVERNMENT CODE SECTION 54957: INTERIM DIRECTOR- DEVELOPMENT SERVICES. (***1125) RECONVENE: THE BOARD RECONVENED AT 1:31 P.M. FROM A CLOSED SESSION CONFERENCE WITH LEGAL COUNSEL REGARDING SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(b)(1) ONE POTENTIAL CASE; PUBLIC EMPLOYEE APPOINTMENT/EMPLOYMENT PURSUANT TO GOVERNMENT CODE SECTION 54957: DIRECTOR OF CHILD SUPPORT SERVICES; AND PUBLIC EMPLOYEE APPOINTMENT/EMPLOYMENT PURSUANT TO GOVERNMENT CODE SECTION 54957: INTERIM DIRECTOR- DEVELOPMENT SERVICES. (***1165) (NO ANNOUNCEMENTS) Page 148 April 10, 2001 April 10, 2001 Regular Agenda O1-103 Resolution Confirming Closed Session Action of March 13, 2001 - consideration of a resolution ratifying the action of the Board of Supervisors to separate Tom Parilo from employment as Director of Development Services - action requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (***1171) MOTION: I MOVE TO ADOPT RESOLUTION O1-042 AND AUTHORIZE THE CHAIR TO SIGN. S M VOTE: l Y 2 N 3 N 4 Y 5 Y (Motion Carried) O1-104 Energy Situation in Butte County - Report to the Board - report to the Board by Mike Madden, Emergency Services Officer, and Richard Price, Agricultural Commissioner, on the current energy situation in Butte County - action requested - REQUEST STATE AND FEDERAL SUPPORT TO DEAL WITH THE CURRENT ENERGY SITUATION; AND APPROVE LETTERS TO STATE AND FEDERAL OFFICIALS AND AUTHORIZE THE CHAIR TO SIGN. (***1303) MOTION: I MOVE TO APPROVE LETTERS TO STATE AND FEDERAL OFFICIALS AND AUTHORIZE THE CHAIR TO SIGN. M S VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) O1-105 Federal Energy Regulatory Commission (FERC) Oroville Dam Relicensing - discussion of the FERC relicensing project, opportunities available to the County during that process, and other water and resource issues - action requested - FORM A FERC OROVILLE RELICENSING SUBCOMMITTEE, COMPRISED OF TWO SUPERVISORS, TO DEVELOP POLICY DIRECTION FOR THE DEVELOPMENT OF A BUTTE COUNTY STRATEGIC PLAN AND ISSUE PAPER, AND PROVIDE OTHER DIRECTION AS NECESSARY FOR THE BOARD OF SUPERVISORS' CONSIDERATION. (***2771) (****00) MOTION: I MOVE TO APPOINT SUPERVISORS JOSIASSEN AND BEELER TO THE FERC OROVILLE RELICENSING SUBCOMMITTEE; AND FURTHER MOVE TO INCLUDE PUBLIC WORKSHOPS AS A METHOD TO ASSIST IN THE DEVELOPMENT OF A BUTTE COUNTY STRATEGIC PLAN AND ISSUE PAPER; AND TO INCLUDE THE DEPARTMENT OF WATER AND RESOURCE CONSERVATION AND COUNTY COUNSEL IN THE DEVELOPMENT OF THIS PROCESS. M S VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) RECESS: 2:36 P.M. RECONVENE: 2:41 P.M. Page 149 April 10, 2001 April 10, 2001 Regular Agenda O1-106 A MATTER ON WHICH A PUBLIC HEARING HAS BEEN HELD AND A MOTION OF INTENT ADOPTED - Recreational Overlay Zone - Zoning Code Amendment - on January 23, 2001, the Board adopted a motion of intent to approve the creation of a Recreational Overlay Zone to allow recreation uses such as golf courses, tennis courts, water sports, recreation fields, theme parks, museums, zoos, and camping facilities, as well as uses such as shops and stores that sell recreation equipment, motels, restaurants, and RV parks, and to apply the designation to lands described in ZCA 00-02, excepting those lands currently zoned Resource Conservation (RC) - action requested - STAFF RECOMMENDS THE BOARD TAKE THE FOLLOWING ACTIONS: 1. SUBJECT TO FINDINGS I(A-D) AS DETAILED IN THE STAFF REPORT DATED APRIL 8, 2001, ADOPT A MITIGATED NEGATIVE DECLARATION; 2. FIND THAT THE PROPOSED PROJECT WILL NOT CAUSE ENVIRONMENTAL DAMAGE TO FISH AND/OR WILDLIFE OR THEIR HABITAT AND APPROVE A "DE MINIMUS" EXEMPTION TO THE COLLECTION OF FISH AND GAME FEES PURSUANT TO FISH AND GAME CODE SECTION 711.4(d)(3) AND 14 CCR 753.5., FINDING THAT WITHIN THE AREA PROPOSED FOR THE OVERLAY ZONE THERE ARE NO IDENTIFIED WETLANDS, AND THERE ARE NO IDENTIFIED IMPACTS ON FISH AND/OR WILDLIFE. WITH REGARDS TO CREATION OF THE OVERLAY ZONE, THERE ARE NO IDENTIFIED IMPACTS ON FISH AND/OR WILDLIFE; AND 3. SUBJECT TO FINDINGS III(A-E) AS DETAILED IN THE STAFF REPORT DATED APRIL 8, 2001, ADOPT AN ORDINANCE ADDING A RECREATIONAL OVERLAY ZONE AND THE FEATHER RIVER RECREATIONAL OVERLAY TO CHAPTER 24 OF THE BUTTE COUNTY CODE, AND AUTHORIZE THE CHAIR TO SIGN. (****314) Page 150 April 10, 2001 April 10, 2001 O1-106 MOTION: SUBJECT TO FINDINGS I(A-D) AS DETAILED IN THE STAFF REPORT DATED APRIL 8, 2001, I MOVE TO ADOPT A MITIGATED NEGATIVE DECLARATION; FIND THAT THE PROPOSED PROJECT WILL NOT CAUSE ENVIRONMENTAL DAMAGE TO FISH AND/OR WILDLIFE OR THEIR HABITAT AND APPROVE A "DE MINIMUS" EXEMPTION TO THE COLLECTION OF FISH AND GAME FEES PURSUANT TO FISH AND GAME CODE SECTION 711.4(d)(3) AND 14 CCR 753.5., FINDING THAT WITHIN THE AREA PROPOSED FOR THE OVERLAY ZONE THERE ARE NO IDENTIFIED WETLANDS, AND THERE ARE NO IDENTIFIED IMPACTS ON FISH AND/OR WILDLIFE. WITH REGARDS TO CREATION OF THE OVERLAY ZONE, THERE ARE NO IDENTIFIED IMPACTS ON FISH AND/OR WILDLIFE; AND FURTHER MOVE, SUBJECT TO FINDINGS III(A-E) AS DETAILED IN THE STAFF REPORT DATED APRIL 8, 2001, TO ADOPT ORDINANCE 3708 ADDING A RECREATIONAL OVERLAY ZONE AND THE FEATHER RIVER RECREATIONAL OVERLAY TO CHAPTER 24 OF THE BUTTE COUNTY CODE, AS AMENDED TO CLARIFY LANGUAGE IN SECTION 1 (d)(3) WITH REGARDS TO THE GRADING STANDARDS AS FOUND IN APPENDIX CHAPTER 33 OF THE UNIFORM BUILDING CODE AS ADOPTED BY BUTTE COUNTY CODE SECTION 26-1; AND SECTION 1 (d)(7) AS AMENDED TO ADD THE STATEMENT "NO CONTINUOUS OCCUPATION LONGER THAN 6 MONTHS"; AND THE ADDITION OF SECTION 3 AS FOLLOWS, "THE HEREINAFTER AREA, AS DEPICTED ON ATTACHED EXHIBIT A, SITUATED IN THE COUNTY OF BUTTE, STATE OF CALIFORNIA, SHALL BE AND IS HEREBY ZONED WITH THE RECREATIONAL OVERLAY ZONE DISTRICT, AND SHALL BE SUBJECT TO THE RESTRICTIONS AND RESTRICTED USES AND REGULATIONS PURSUANT TO BUTTE COUNTY CODE SECT ION 2 4 - 2 3 7 AND 2 4 - 238." AND AUTHORIZE THE CHAIR TO SIGN. M S VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) O1-107 Department of Development Services - discussion of current and optional organizational approaches to providing planning, building inspection, and related services - action requested - DISCUSSION AND DIRECTION. (****523) BOARD DIRECTION THAT THIS MATTER, INCLUDING AN EXAMINATION OF THE DEPARTMENT'S POLICY AND STAFFING ISSUES WHICH THE BOARD MAY NEED TO REVIEW, BE UNDERTAKEN BY THE INTERIM DIRECTOR OF DEVELOPMENT SERVICES. O1-108 Chief Administrative Officer Recruitment - consideration of recruitment options for the position of Chief Administrative Officer in response to the pending retirement of the current Chief Administrative Officer in September 2001 - action requested - DISCUSSION AND DIRECTION. (****1946) Page 151 April 10, 2001 April 10, 2001 O1-108 MOTION: I MOVE TO DIRECT THE CHIEF ADMINISTRATIVE OFFICER SEEK THE SERVICES OF SHANNON AND ASSOCIATES FOR RECRUITMENT SERVICES FOR THE CHIEF ADMINISTRATIVE OFFICER POSITION, AND FURTHER MOVE TO APPOINT SUPERVISORS HOUX AND BEELER TO A SUBCOMMITTEE TO WORK WITH THE RECRUITMENT FIRM TO HELP DEVELOP REQUIREMENTS NEEDED FOR THE RECRUITMENT LITERATURE, AND THE DEVELOPMENT OF INITIAL QUESTIONS FOR THE RECRUITMENT PROCESS, AND TO HAVE THE FINAL RECRUITMENT PROCESS RETURNED TO THE FULL BOARD. M S VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) O1-109 Public Comment (PRESENTATIONS WILL BE LIMITED TO FIVE MINUTES. THE BOARD OF SUPERVISORS IS PROHIBITED BY STATE LAW FROM TAKING ACTION ON ANY ITEM NOT LISTED ON THE AGENDA.) (****2373) 1. MATT LAKOTA ADDRESSED THE BOARD REGARDING THE DISABLED PARKING AT THIS BUILDING (25 COUNTY CENTER DRIVE) AND REQUESTED THAT THE COUNTY REFERENCE THE PROPER GUIDELINES WHEN MAKING CHANGES TO COUNTY PARKING AREAS. Communications O1-110 Communications received and referred. (A LISTING AND COPIES OF COMMUNICATIONS RECEIVED BY THE BOARD IN ADDITION TO THOSE LISTED BELOW ARE AVAILABLE IN THE CLERK OF THE BOARD' S OFFICE . ) 1. Mark J. Urban, Deputy Attorney General, State of California, Department of Justice, submits a copy of a letter to Roger Cooper, CEO, Biggs-Gridley Memorial Hospital, informing Mr. Cooper that the Attorney General has consented to the transfer of corporate control of the Biggs-Gridley Memorial Hospital to Fremont-Rideout Health Group. ADJOURNMENT: THERE BEING NO FURTHER BUSINESS BEFORE THE BOARD, THE MEETING WAS ADJOURNED AT 3:44 P.M. TO RECONVENE AT A SPECIAL MEETING OF THE BOARD TO BE HELD TUESDAY, APRIL 17, 2001, AT 9:00 A.M. CURT JOSIASSEN, CHAIR ATTEST: John S. Blacklock, Chief Administrative Officer and Clerk of the Board of Supervisors By. Page 152 April 10, 2001