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HomeMy WebLinkAboutM041100BOARD OF SUPERVISORS MINUTES April 11, 2000 R.J. BEELER, 1st District JANE DOLAN, 2nd District MARY ANNE HOUX, 3rd District CURT JOSIASSEN, 4th District FRED C. DAVIS, 5th District Call to Order - Board of Supervisors Room, County Administration Building, 25 County Center Drive, Oroville. Supervisors present: Beeler, Houx, Josiassen, Davis, and Chair Dolan. Also present: John S. Blacklock, Chief Administrative Officer; Susan Minasian, County Counsel, and Marion Reeves, Assistant Clerk of the Board. Pledge of Allegiance to the Flag of the United States of America. Invocation - Pastor James Patterson, Durham Community United Methodist Church. Items removed from the Consent Agenda for Board consideration and action. (112) 00-109 1. Resolution Confirming the Dissolution of the Lime Saddle Community Services District - consideration of a resolution confirming the dissolution of the Lime Saddle Community Services District subject to confirmation of the voters within the District, and pursuant to the Cortese/Knox Local Government Reorganization Act of 1985 - action requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (FROM 9-28-99 [4.07]) Consent A ecr nda 00-110 1. Approval of Minutes - action requested - APPROVE MINUTES OF MARCH 28, 2000. 2. Budget Transfers - action requested - APPROVE BUDGET TRANSFERS B-271 (PROBATION); B-270 (WELFARE); AND B-253 (FIRE DEPARTMENT [4/5 vote required]). 3. Vehicle Purchase - Board approval is requested by the Sheriff's Office for the purchase of a 1977 International Loadstar 1750 vehicle from the California Department of Forestry, in the amount of $5,900 (department budget). The vehicle will be used by the Jail Division's road crew - action requested - APPROVE VEHICLE PURCHASE FROM THE CALIFORNIA DEPARTMENT OF FORESTRY. Page 100 April 11, 2000 April 11, 2000 00-110 4. Sole Source Approval for Fixed Asset Computer Equipment and Agreement Amendment - Board approval is requested by the County Clerk-Recorder/Registrar of Voters for the sole source purchase of software, hardware, installation, and training services from DFM Associates of Irvine, in the amount of $115,000 (department budget). The equipment will be used to update the Elections Division computer system. The sole source purchase is being requested to help ensure compatibility of the new systems with the current system, which was also purchased and installed by DFM Associates. An amendment to the DFM Associates agreement is needed to complete the purchase - action requested - APPROVE SOLE SOURCE PURCHASE OF FIXED ASSET ITEMS; AND APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (Contract No. X10610) 5. Computer Projector - Board approval is requested by the Public Health Department to purchase a computer projector in the amount of $7,000 for the Perinatal Outreach and Education Program. Funding for the purchase is provided by the State Department of Health Services - action requested - APPROVE BUDGET TRANSFER B-264 (4 /5 vote required) ACCEPTING AND APPROPRIATING $7,000 IN UNANTICIPATED REVENUE; AND APPROVE PURCHASE OF A FIXED ASSET ITEM. 6. Oracle Site License - Board approval is requested by the Sheriff-Coroner for the purchase of an Oracle 8i Site License in the amount of $5,766 (department budget). The software is a necessary component of the Sheriff's Criminal Information System. A budget transfer of department funds is also requested to provide funding for the purchase - action requested - APPROVE BUDGET TRANSFER B-273 (4 /5 vote required); AND APPROVE PURCHASE OF SITE LICENSE. 7. Security Software - Sole Source Purchase - Board approval is requested by the welfare Department for the sole source purchase of security software from Network Associates in the amount of $38,608 (department budget). The software will be used by the welfare Department's Internet, Intranet, Local Area Network (LAN), wide Area Network (wAN), servers, routers, and workstations. Approval to purchase the security software from Network Management is requested to provide for a higher level of integration with the department's current software, which was previously purchased from Network Management. Board approval is also requested on a transfer of department funds to provide funding for the purchase - action requested - APPROVE BUDGET TRANSFER B-265; AND APPROVE SOLE SOURCE PURCHASE OF A FIXED ASSET ITEM. Page 101 April 11, 2000 April 11, 2000 00-110 8. Speedware Software - Board approval is requested by the Butte County Department of Behavioral Health to purchase Speedware Software in the amount of $69,750 (department budget). Board approval is also requested for a budget transfer of department funds to provide funding for the purchase - action requested - APPROVE BUDGET TRANSFER B-260; AND APPROVE PURCHASE OF A FIXED ASSET ITEM. 9. Computer Server - Board approval is requested by the District Attorney-Family Support Division to purchase a computer server in the amount of $4,353 (department budget) as part of the equipment necessary for the Voice Response Unit - action requested - APPROVE PURCHASE OF A FIXED ASSET ITEM. 10. Relief of Accountability - Board approval is requested by the Probation Department for relief of accountability for a data link to the Butte County Clerk-Recorder and Superior Court of California, County of Butte (asset nos. 00021703 and 00021704). The line is obsolete and no longer utilized by the department. The District Attorney and Auditor have reviewed the request - action requested - GRANT RELIEF OF ACCOUNTABILITY. 11. Butte County Fiscal Year 1999-2000 Budget Adjustments - the Auditor-Controller and the Administrative Office have prepared an agenda item which reflects the exemption of certain budget units from the required expenditure savings as approved by the Board on December 7, 1999 - action requested - APPROVE BUDGET TRANSFER B-219 (4 /5 vote required). 12. American Lung Association - Board approval is requested by the Butte County Department of Behavioral Health to accept and appropriate unanticipated revenue in the amount of $5,850 received from the American Lung Association - action requested - APPROVE BUDGET TRANSFER B-262 (4 /5 vote required) ACCEPTING AND APPROPRIATING UNANTICIPATED REVENUE. 13. City of Chico - Automatic Aid Agreement - actions necessary to provide for staffing of the west Chico fire station - action requested: 1. APPROVE BUDGET TRANSFER B-274 (4/5 vote required) IN THE AMOUNT OF $59,070 TO PROVIDE FUNDING FOR STAFFING OF THE WEST CHICO FIRE STATION FOR THE REMAINDER OF FISCAL YEAR 1999-2000; AND 2. PROVIDE BOARD DIRECTION TO INCORPORATE THE STAFFING CHANGES INTO THE COOPERATIVE AGREEMENT MODIFICATION FOR FIRE SERVICES ANTICIPATED TO BE CONSIDERED BY THE BOARD ON APRIL 25, 2000. (FROM 3-28-00 [4.04]) Page 102 April 11, 2000 April 11, 2000 00-110 14. County Service Area (CSA) No. 102 (Meadow Lark Subdivision) - Board approval is requested by the Public works Department for a loan from the County Service Area Revolving Loan Fund to County Service Area No. 102 in the amount of $3,600 to provide funding for repairs made to the area's pump system. The loan will be repaid over a 5 year period. Board approval is also requested for a budget transfer from the CSA Appropriations for Contingency Fund in the amount of $400, and a budget transfer from the CSA Designated Fund Balance Fund in the amount of $1,000. These additional funds are necessary to balance the CSA's budget and to provide funding for additional maintenance work needed for the pump equipment - action requested - ADOPT RESOLUTION 00-43 APPROVING THE LOAN TO CSA NO. 102 AND AUTHORIZE THE CHAIR TO SIGN; AND APPROVE BUDGET TRANSFER B-261 (4 /5 vote required). 15. Adoption of a Salary Ordinance Amendment - the Probation Department has requested the Personnel Department prepare a salary ordinance amendment which reclassifies one position of Information Systems Technician II/I to Information Systems Technician III/II/I to provide the department greater flexibility in staffing choices - action requested - ADOPT ORDINANCE 3597 AND AUTHORIZE THE CHAIR TO SIGN. (FROM 3-28-00 [3.11]) 16. Adoption of an Ordinance - Flood Hazard Prevention Ordinance Amendment - consideration of an ordinance amending Butte County Code Chapter 26, Article IV, entitled "Flood Hazard Prevention" - action requested - ADOPT ORDINANCE 3598 AND AUTHORIZE THE CHAIR TO SIGN. (FROM 3-28-00 [4.06] ) 17. Introduction of a Salary Ordinance Amendment - the District Attorney-Family Support Division has requested the Personnel Department prepare a salary ordinance amendment which adds one position of Administrative Analyst III, one position of Administrative Analyst II/I, and one position of Auditor-Accountant I. Funding for these positions is available utilizing funds received from the AB 1111-Child Support Program - action requested - WAIVE READING OF THE ORDINANCE. 18. Introduction of an Ordinance Amending Chapter 31B of the Butte County Code - Board approval is requested by the Public Works Department for an ordinance which amends Chapter 31B of the Butte County Code entitled, "Solid waste Collection in the Chico Urban Area", to delete the authority given to the City of Chico pursuant to the termination of the Joint Powers Agreement with the City of Chico which will become effective July 1, 2000 - action requested - WAIVE READING OF THE ORDINANCE. Page 103 April 11, 2000 April 11, 2000 00-110 19. California Mental Health Directors Association (CMHDA) - Board approval is requested by the Butte County Department of Behavioral Health (BCDBH) for an agreement with the California Mental Health Directors Association which provides funding that will be utilized for speciality mental health services. In order to implement the agreement BCDBH must authorize the State Department of Mental Health to transfer $50,140 to CMHDA. These funds will then be designated for distribution to Butte County. The funds will be matched by $40,000 in Medical Federal Financial Participation funds - action requested - ADOPT RESOLUTION 00-44 APPROVING PARTICIPATION IN THE PROGRAM AND AUTHORIZE THE CHAIR TO SIGN; AND APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. 20. Youth for Change - Therapeutic Behavioral Services - Board approval is requested by the Butte County Department of Behavioral Health for an agreement with Youth for Change for the provision of Therapeutic Behavioral Services. The term of the agreement is January 1, 2000, through June 30, 2000, with a maximum amount payable of $50,000 (department budget) - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X11555) 21. Harbor Hills - Amendment - Board approval is requested by the Butte County Department of Behavioral Health (BCDBH) for an amendment to the agreement with Harbor Hills for the provision of residential care services to BCDBH clients as an alternative to State hospitalization or a higher level of care. The amendment reduces the maximum amount payable by $15,974.32. The term remains October 1, 1999, through June 30, 2000 - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contact No. X11351) 22. Enloe Medical Center - Touchstone Perinatal Program - Amendment - Board approval is requested by the Butte County Department of Behavioral Health for an amendment to the agreement with Enloe Medical Center for the provision of services for the Touchstone Perinatal Program. The amendment clarifies that the funding of $413,843.52 is for the 1999-2000 fiscal year, and not a carryover from previous years. All other terms and conditions are to remain the same - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X11110) Page 104 April 11, 2000 April 11, 2000 00-110 23. Hala Saleem, M.D. - Board approval is requested by the Butte County Department of Behavioral Health for an agreement with Hala Saleem for the provision of psychiatric services for the Youth Services Division. The term of the agreement is March 1, 2000, through June 30, 2000, with a maximum amount payable of $41,310 (department budget) - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X11558) 24. Parent Education Network, Inc. - Amendment B - Board approval is requested by the Butte County Department of Behavioral Health for an agreement with the Parent Education Network, Inc., for the provision of services to severely emotionally and behaviorally disturbed children and their families. The amendment increases the maximum amount payable by $90,072 (department budget) due to a higher utilization of services for clients. The term of the agreement remains July 1, 1997, through June 30, 2000 - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X10662) 25. MetroCall - Board approval is requested by the Communications Division for an agreement with MetroCall for the provision of paging services. The agreement provides for pagers at the cost of $2.95 per month, per pager, which represents a savings of $21,800 per year over the current contract price. MetroCall is an approved contractor pursuant to the State of California Master Agreement - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X11587) 26. County Counsel Employment Contract - Bruce Alpert - proposed is an employment contract with Bruce Alpert for the position of County Counsel. The term of the agreement is four years, with an annual salary of $110,307, in accordance with the Butte County salary ordinance, and a monthly car allowance of $520 - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. 27. Software Automation, Inc. - Amendment - Board approval is requested by the District Attorney-Family Support Division for an amendment to the agreement with Software Automation, Inc., for additional services needed for the KIDZ computer system. The amendment increases the maximum amount payable by $70,000, with the cost of the amendment to be fully reimbursed by the State . All other terms and conditions are to remain the same - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF THE AUDITOR-CONTROLLER. (Contact No. X11409) Page 105 April 11, 2000 April 11, 2000 00-110 28. Families for Literacy Program Services Grant - Board approval is requested by the Director of Libraries to apply to the California State Library for Families for Literacy Program funding. Grant funds awarded under this program will be utilized for materials and staffing to address problems in inter-generational illiteracy in eligible adult learner families - action requested - APPROVE GRANT APPLICATION AND AUTHORIZE THE DIRECTOR OF LIBRARIES TO SIGN. 29. State Department of Health Services - AIDS Master Agreement - Amendment and Authorization to Purchase Fixed Asset Item - Board approval is requested by the Public Health Department for an amendment to the revenue agreement with the State Department of Health Services for AIDS related services. The amendment increases the maximum amount payable to the County by $27,000. Board approval is also requested to purchase a computer projector utilizing $7,000 of the augmented revenue funds - action requested - APPROVE BUDGET TRANSFER B-263 (4 /5 vote required) ACCEPTING AND APPROPRIATING UNANTICIPATED REVENUE; APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER; AUTHORIZE THE DIRECTOR OF PUBLIC HEALTH TO SIGN THE MEMORANDA OF UNDERSTANDING FOR THE SELECTED AIDS PROGRAMS SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER; AND APPROVE PURCHASE OF A COMPUTER PROJECTOR. (Contract No. R40154) 30. State Department of Health Services - women, Infants, and Children (wIC) - Amendment - Board approval is requested by the Public Health Department for an amendment to the revenue agreement with the State Department of Health Services for the provision of wIC services. The amendment increases the amount payable to the County by $15, 574 for the provision of additional eligible client services. The term of the agreement remains October 1, 1999, through September 30, 2000 - action requested - APPROVE BUDGET TRANSFER B-259 (4/5 vote required) ACCEPTING AND APPROPRIATING UNANTICIPATED REVENUE; AND APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR- CONTROLLER. (Contract No. R40199) Page 106 April 11, 2000 April 11, 2000 00-110 31. California State University, Chico (CSUC) - No Fare Bus Services Agreement - Amendment - Board approval is requested by the Public works Department for an amendment to the agreement with California State University, Chico, for the provision of no fare bus services on Butte County Transit for CSUC faculty, staff, and students. Under the terms of the agreement, CSUC reimburses the County monthly based on actual usage. The amendment will extend the term of the agreement through December 31, 2000, and increase the maximum amount payable to the County by $18,000 - action requested - APPROVE AMENDMENT TO AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. R40206) 32. A/C Industrial Services, Inc. - Amendment - Board approval is requested by the Public works Department for an amendment to the agreement with A/C Industrial Services for the removal and proper disposal of hazardous waste materials from the Neal Road Landfill. The amendment extends the term of the agreement and allows for renewal on a year-to-year basis, with a maximum amount payable of $40,000 (department budget) per fiscal year - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X10536) 33. Butte County Sheriff's Office - Memorandum of Understanding (MOU) - Amendment - Board approval is requested by the Public works Department for an amendment to the MOU with the Sheriff's Department for funding to continue the Sheriff's Inmate Labor Program. The amendment increases the amount payable by $1,500 (department budget) for the current fiscal year, with all other terms and conditions to remain the same - action requested - APPROVE MOU AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X10948) 34. Community Oriented Policing Services (COPS) in Schools Grant Program Award - the Sheriff's Office has been awarded funds from the United States Department of Justice to implement a COPS in Schools Program. The funding will provide staffing (two full-time deputy positions, and one half-time deputy position) and equipment for the program. Board approval is requested for the actions necessary to complete the grant process - action requested - APPROVE AND ACCEPT GRANT AWARD; APPROVE MEMORANDUM OF UNDERSTANDING BETWEEN OROVILLE UNION HIGH SCHOOL DISTRICT, OROVILLE ELEMENTARY SCHOOL DISTRICT, PARADISE UNIFIED SCHOOL DISTRICT, AND THE BUTTE COUNTY SHERIFF'S OFFICE; DIRECT THE PERSONNEL DEPARTMENT TO PREPARE A SALARY ORDINANCE AMENDMENT FOR THE ADDITION OF TWO DEPUTY SHERIFF POSITIONS; APPROVE BUDGET TRANSFER B-269 (4/5 vote required); AUTHORIZE ACQUISITION OF TWO VEHICLES IN SUPPORT OF THE GRANT; AND AUTHORIZE THE CHAIR AND THE SHERIFF-CORONER TO SIGN DOCUMENTS RELATED TO THE GRANT. Page 107 April 11, 2000 April 11, 2000 00-110 35. Probation Department - Memorandum of Understanding - Board approval is requested by the welfare Department for a Memorandum of Understanding with the Probation Department for the provision of Temporary Assistance for Needy Families services. The term of the agreement is July 1, 1999, through June 30, 2001, with a maximum amount payable of $1,000,000 (department budget) - action requested - APPROVE MOU AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X11575) 36. University of California, Davis - Board approval is requested by the welfare Department for an agreement with the University of California, Davis, for the provision of CalwORKs Case Manager-Eligibility and Employment Technician Training. The term of the agreement is for 24 days of training, with a maximum amount payable of $55,080 (department budget) - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X11578) 37. Certification of Statement of Votes Cast - the County Clerk-Recorder-Registrar of Voters submits the Certification of Statement of Votes Cast for the Consolidated Primary Election held March 7, 2000, in the County of Butte - action requested - ACCEPT AND APPROVE THE CERTIFICATION OF STATEMENT OF VOTES CAST. 38. Butte County Booth at State Fair - Board approval is requested by the Treasurer-Tax Collector to enter Butte County in the State Fair's County Feature Booth Competition. Board approval is also requested for a budget transfer needed to fund construction of the booth - action requested - APPROVE COUNTY ENTRY APPLICATION IN THE STATE FAIR'S COUNTY FEATURE BOOTH COMPETITION AND AUTHORIZE THE CHAIR TO SIGN; APPOINT THE TREASURER-TAX COLLECTOR AS REPRESENTATIVE FOR THE COUNTY; AND APPROVE BUDGET TRANSFER B-272 (4 /5 vote required). 39. Advance Step Hire - the District Attorney-Family Support Division has requested the Personnel Department prepare an agenda item requesting approval to advance step hire an Information Systems Technician II candidate to Step 3 of the salary range based on education and experience - action requested - APPROVE ADVANCE STEP HIRE OF AN INFORMATION SYSTEMS TECHNICIAN II CANDIDATE TO STEP 3 OF THE SALARY RANGE. Page 108 April 11, 2000 April 11, 2000 00-110 40. Advance Step Hire - the Treasurer-Tax Collector has requested the Personnel Department prepare an agenda item requesting approval to advance step hire an Assistant- Treasurer/Tax Collector: Taxes & Revenue candidate to Step 4 of the salary range based on education and experience - action requested - APPROVE ADVANCE STEP HIRE OF AN ASSISTANT TREASURER/TAX COLLECTOR: TAXES & REVENUE CANDIDATE TO STEP 4 OF THE SALARY RANGE. 41. Advancement within a Salary Range - the Information Systems Department has requested the Personnel Department prepare an agenda item requesting approval of the advancement of an Information Systems Technician II position to Step 2 of the salary range, retroactive to March 20, 2000, based on education and experience - action requested - APPROVE ADVANCEMENT WITHIN A SALARY RANGE RETROACTIVE TO MARCH 20, 2000. (120) MOTION: I MOVE TO APPROVE THE CONSENT AGENDA WITH THE REMOVAL OF ITEM 3.19. M S VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) Regular A ecr nda 00-111 Appointments - Commissions and Committees 1. Appointments to committee vacancies. (NONE) 2. Butte County Housing Authority Board - consideration of the appointment of two tenant member representatives to terms to end April 2002. (149) MOTION: I MOVE TO APPOINT LENA WHITE AND CHARLES PROBST, TENANT MEMBER REPRESENTATIVES, TO THE BUTTE COUNTY HOUSING AUTHORITY BOARD TO TERMS TO END APRIL 18, 2002. S M VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) 00-112 Update on legislative and budget activities. (160) JOHN S. BLACKLOCK, CHIEF ADMINISTRATIVE OFFICER, INFORMS THE BOARD THAT THE GOVERNOR HAS APPOINTED DAVID ROSENBURG, FORMER YOLO COUNTY SUPERVISOR, AS DIRECTOR OF GOVERNMENTAL AFFAIRS. 1. Resolution of Support - consideration of a resolution of support for $500 million a year in on-going State funding for city streets and county roads - action requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (188) MOTION: I MOVE TO ADOPT RESOLUTION 00-45 AND AUTHORIZE THE CHAIR TO SIGN. M S VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) Page 109 April 11, 2000 April 11, 2000 00-113 Butte County Behavioral Health Board - Annual Report - report to the Board by Janet Taylor, Chair, Butte County Behavioral Health Board - action requested - ACCEPT FOR INFORMATION. (278) PRESENTATION TO THE BOARD OF THE ANNUAL REPORT BY JANET TAYLOR, CHAIR, BUTTE COUNTY BEHAVIORAL HEALTH BOARD. 00-114 Resolution Proclaiming Acceptance and Equality of All Butte County Residents - consideration of a resolution in support of equality, democracy, and unity - action requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (852) MOTION: I MOVE TO ADOPT RESOLUTION 00-46 AND AUTHORIZE THE CHAIR TO SIGN. M S VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) 00-115 Butte County Airport Land Use Compatibility Plan (CLUP) - discussion and analysis of the CLUP in terms of Butte County's existing General Plan and zoning - action requested - ACCEPT FOR INFORMATION. (FROM 3-28-00 [5.04]) (1439)(**00) PRESENTATION OF A SUMMARY OF THE PROPOSED AIRPORT LAND USE COMPATIBILITY PLAN BY TOM PARILO, DIRECTOR-DEVELOPMENT SERVICES; AND M.A. MALIKA, PRINCIPAL PLANNER. MOTION: I MOVE TO REQUEST A 60-DAY EXTENSION OF THE COMMENT PERIOD FOR THE CLUP FROM THE AIRPORT LAND USE COMMISSION. I FURTHER MOVE TO FORWARD THE REPORT PREPARED BY THE DEVELOPMENT SERVICES DEPARTMENT TO THE AIRPORT LAND USE COMMISSION TO SERVE AS PRELIMINARY COMMENTS BY THE BOARD, AND DIRECT STAFF TO RETURN TO THE BOARD, AS NEEDED, TO PROVIDE THE BOARD WITH UPDATES ON THIS ISSUE. M S VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) RECESS: RECONVENE 10:35 A.M. 10:46 A.M. Page 110 April 11, 2000 April 11, 2000 00-116 Items removed from the Consent Agenda for Board consideration and action. 1. Resolution Confirming the Dissolution of the Lime Saddle Community Services District - consideration of a resolution confirming the dissolution of the Lime Saddle Community Services District subject to confirmation of the voters within the District, and pursuant to the Cortese/Knox Local Government Reorganization Act of 1985 - action requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (FROM 9-28-99 [4.07]) (**170) MOTION: I MOVE TO ADOPT RESOLUTION 00-47 AND AUTHORIZE THE CHAIR TO SIGN. M S VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) Public Hearings and Timed Items 00-117 Public Hearing - Mitigated Negative Declaration - Centerville Road Bridge Across Butte Creek - consideration of the conceptional plans and environmental determination for the construction of a new bridge on Centerville Road across Butte Creek, Butte County Project No. 54345A-97-1. The proposed project site is located on Centerville Road (also known as Humbug Road) approximately 12 miles east-northeast of the City of Chico - action requested - STAFF RECOMMENDS THE BOARD TAKE THE FOLLOWING ACTIONS: 1. FIND THAT AN INITIAL STUDY WAS COMPLETED IN COMPLIANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, THAT SAID STUDY IDENTIFIED POTENTIAL SIGNIFICANT ENVIRONMENTAL EFFECTS AND INCLUDED MITIGATION MEASURES THAT WOULD MITIGATE SUCH EFFECTS BELOW SIGNIFICANT LEVELS, AND THAT A MITIGATED NEGATIVE DECLARATION IS PROPOSED; 2. FIND THAT THE BOARD OF SUPERVISORS HAS CONSIDERED THE PROPOSED MITIGATED NEGATIVE DECLARATION, TOGETHER WITH COMMENTS RECEIVED DURING THE PUBLIC REVIEW PROCESS; 3. FIND, ON THE BASIS OF THE WHOLE RECORD BEFORE THE BOARD, INCLUDING THE INITIAL STUDY AND ANY COMMENTS RECEIVED, THAT THERE IS NO SUBSTANTIAL EVIDENCE THAT THE CENTERVILLE ROAD BRIDGE ACROSS BUTTE CREEK, BUTTE COUNTY PROJECT NO. 54345A-97-1, AS MITIGATED, WILL HAVE A SIGNIFICANT EFFECT ON THE ENVIRONMENT; 4. FIND THAT THE PROPOSED MITIGATED NEGATIVE DECLARATION REFLECTS THE INDEPENDENT JUDGEMENT AND ANALYSIS OF THE COUNTY, WHICH IS THE LEAD AGENCY; AND Page 111 April 11, 2000 April 11, 2000 00-117 Public Hearing - Mitigated Negative Declaration - Centerville (cont.) Road Bridge Across Butte Creek: 5. ADOPT THE MITIGATED NEGATIVE DECLARATION REGARDING ENVIRONMENTAL IMPACTS, WITH MITIGATION MEASURES 1-16, AS DETAILED IN THE AGENDA REPORT DATED MARCH 28, 2000, AND AUTHORIZE THE CHAIR TO SIGN. (**915)(**000) PUBLIC HEARING OPENED: 11:22 A.M. PUBLIC HEARING CLOSED: 12:14 P.M. MOTION: I MOVE TO FIND THAT AN INITIAL STUDY WAS COMPLETED IN COMPLIANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, THAT SAID STUDY IDENTIFIED POTENTIAL SIGNIFICANT ENVIRONMENTAL EFFECTS AND INCLUDED MITIGATION MEASURES THAT WOULD MITIGATE SUCH EFFECTS BELOW SIGNIFICANT LEVELS; THAT A MITIGATED NEGATIVE DECLARATION IS PROPOSED; THAT THE BOARD OF SUPERVISORS HAS CONSIDERED THE PROPOSED MITIGATED NEGATIVE DECLARATION, TOGETHER WITH COMMENTS RECEIVED DURING THE PUBLIC REVIEW PROCESS; THAT ON THE BASIS OF THE WHOLE RECORD BEFORE THE BOARD, INCLUDING THE INITIAL STUDY AND ANY COMMENTS RECEIVED, FIND THAT THERE IS NO SUBSTANTIAL EVIDENCE THAT THE CENTERVILLE ROAD BRIDGE ACROSS BUTTE CREEK, BUTTE COUNTY PROJECT NO. 54345A-97-1, AS MITIGATED, WILL HAVE A SIGNIFICANT EFFECT ON THE ENVIRONMENT; THAT THE PROPOSED MITIGATED NEGATIVE DECLARATION REFLECTS THE INDEPENDENT JUDGEMENT AND ANALYSIS OF THE COUNTY, WHICH IS THE LEAD AGENCY; AND FURTHER MOVE TO ADOPT THE MITIGATED NEGATIVE DECLARATION REGARDING ENVIRONMENTAL IMPACTS, WITH MITIGATION MEASURES 1-16, AS DETAILED IN THE AGENDA REPORT DATED MARCH 28, 2000, AND AS AMENDED TO INCLUDE THE FOLLOWING ADDITIONAL MITIGATIONS: 1) THE REPLACEMENT TREE RATIO SHALL BE INCREASED TO A 2:1 RATIO; 2) PRIOR TO THE INITIATION OF ANY WORK ON THE PROJECT, A PRE-CONSTRUCTION MEETING SHALL BE HELD TO ENSURE ALL CONSTRUCTION CREWS ARE MADE AWARE OF THE ENVIRONMENTAL REQUIREMENTS OF THE PROJECT; AND 3) THE PARTS OF THE PROJECT WHICH REQUIRE EROSION CONTROL WILL EMPLOY THE USE OF RICE STRAW. I FURTHER MOVE TO AUTHORIZE THE CHAIR TO SIGN THE AMENDED MITIGATED NEGATIVE DECLARATION. M S VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) Page 112 April 11, 2000 April 11, 2000 00-118 Public Hearing - Community Development Block Grants: 1. Consideration of an application to the California Department of Housing and Community Development for a Community Development Block Grant in an amount up to $350,000 for the purpose of funding a project to repair the Stirling City Septic Management System; AND 2. Consideration of an application to the California Department of Housing and Community Development for a Community Development Block Grant in an amount up to $200,000 for the purpose of funding a housing rehabilitation program in the Thermalito area - action requested - APPROVE SUBMISSION OF GRANT APPLICATION; AND ADOPT A RESOLUTION IN SUPPORT OF THE APPLICATION AND AUTHORIZE THE CHAIR TO SIGN. (***767) PUBLIC HEARING OPENED: 12:38 P.M. PUBLIC HEARING CLOSED: 12:38 P.M. MOTION: I MOVE TO APPROVE SUBMISSION OF THE GRANT APPLICATION IN THE AMOUNT OF $500,000 AND ADOPT RESOLUTION 00-48 IN SUPPORT OF THE APPLICATION AND AUTHORIZE THE CHAIR TO SIGN. S M VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) 00-119 Timed Item - Consideration of an Appeal - the Butte County Correctional Officers Association filed a recognition petition and request for modification to the existing General Unit, and the formation of a new bargaining unit(s) for correctional officers and correctional supervisors. The Employee Relations Officer denied the petition, and the Butte County Correctional Officers Association filed an appeal of that determination pursuant to Personnel Rule 10.9 - action requested - OPEN HEARING FOR PUBLIC COMMENT AND SUBMISSION OF TESTIMONY AND OTHER EVIDENCE, AND CONTINUE HEARING OPEN TO APRIL 25, 2000, FOR CONCLUSION AND FINAL DETERMINATION BY BOARD. (***859) ITEM CONTINUED TO A BOARD MEETING IN MAY. TIME TO BE DETERMINED AFTER THE BOARD HAS REVIEWED THE BOARD MEETING CALENDAR FOR MAY. (SEE MINUTE ORDER NO. 00-127) Page 113 April 11, 2000 April 11, 2000 00-120 Public Hearing - Proposed Amendment to the Non-exclusive Franchise for Cable Televison Services - consideration of the approval of a proposed amendment to the non-exclusive franchise for cable television services in the unincorporated areas of Chico/Durham. The franchise has been granted by the County to Chambers Cable of Southern California, Inc., and is proposed to be transferred to AT&T Corp. The proposed amendment would change the definition of gross subscriber revenue - action requested - OPEN HEARING AND CONTINUE HEARING OPEN TO APRIL 25, 2000, AT 1:15 P.M. (***1002) PUBLIC HEARING OPENED AT 12:46 P.M. AND CONTINUED OPEN TO APRIL 25, 2000, AT 1:15 P.M. Regular Agenda 00-121 Treasury Performance and Compliance Audit Results - report to the Board - action requested - ACCEPT FOR INFORMATION. (***1075) PRESENTATION TO THE BOARD BY DICK PUELICHER, TREASURER-TAX COLLECTOR. Regular Agenda 00-122 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.) (***1398) (NONE) Regular A ecr nda 00-123 CHAIR DOLAN STATED THAT THE BOARD IS PLEASED TO HAVE APPROVED AN AGREEMENT FOR COUNTY COUNSEL SERVICES WITH BRUCE ALPERT. (***1435) 00-124 CLOSED SESSION: the Board adjourned at 12:59 p.m. to a closed session conference with legal counsel regarding actual litigation pursuant to Government Code Section 54956.9(a) Miller v. County of Butte, Ernst v. County of Butte, and Butte County Employees Association (BCEA) v. County of Butte; and conference with legal counsel regarding initiation of litigation pursuant to Government Code Section 54956.9(c) one potential case. (***1440) Page 114 April 11, 2000 April 11, 2000 00-124 RECONVENE: the Board reconvened at 2:42 p.m. from a closed session conference with legal counsel regarding actual litigation pursuant to Government Code Section 54956.9(a) Miller v. County of Butte, Ernst v. County of Butte, and Butte County Employees Association (BCEA) v. County of Butte; and conference with legal counsel regarding initiation of litigation pursuant to Government Code Section 54956.9(c) one potential case. (***1656) (NO ANNOUNCEMENTS) Public Hearincr and Timed Items 00-125 Continued Public Hearing - Certificate of Correction - Pola Abram - consideration of an appeal of the Development Review Committee's approval of a Certificate of Correction to modify a recorded parcel map as filed in Book 117 of Maps, at pages 56, 57, and 58 (item determined to be categorically exempt from environmental review) to modify Condition 14. The property is located southwest of, and adjacent to, State Highway 32, between Kennedy and North Lindo Avenue, in the west Chico area, and identified as APN 042-080-084, 085, and 087 (DB [File # COR00-02]) - action requested - STAFF RECOMMENDS THE FOLLOWING TWO OPTIONS: 1. CONTINUE THE APPEAL IN ORDER TO PROVIDE THE NECESSARY TIME FOR THE APPLICANT TO MEET WITH THE APPELLANT TO PROVIDE A STATEMENT OF AGREEMENT REGARDING THE CERTIFICATE OF CORRECTION; OR 2. A. FIND THE PROJECT TO BE CATEGORICALLY EXEMPT FROM ENVIRONMENTAL REVIEW UNDER A CLASS 5 EXEMPTION; AND B. SUBJECT TO FINDINGS II (A-H) AS DETAILED IN THE STAFF REPORT DATED MARCH 28, 2000, APPROVE THE CERTIFICATE OF CORRECTION FOR POLA ABRAM, AMENDING THE LANGUAGE OF CONDITION 14, DESIGNATING THAT THE 100 FOOT NO-BUILDING SETBACK FROM THE ADJACENT ORCHARDS SHALL NOT BE APPLICABLE TO MINI-STORAGE UNITS, SUBJECT TO THE CONDITIONS FOUND IN EXHIBIT "A" OF THE STAFF REPORT DATED MARCH 28, 2000. (FROM 3-28-00 [5.03] ) (***1511) PUBLIC HEARING RECONVENED AT 2:42 P.M., AND AT THE REQUEST OF THE APPLICANT AND APPELLANT, CONTINUED OPEN TO MAY 16, 2000, AT 11:00 A.M. Page 115 April 11, 2000 April 11, 2000 Regular Agenda 00-126 BOARD DIRECTION THAT AN AGENDA ITEM AMENDING THE BOARD MEETING CALENDAR FOR THE MONTH OF MAY BE INCLUDED ON THE AGENDA OF APRIL 25, 2000; CHANGING THE MEETING DATES FROM MAY 9, AND MAY 23, TO MAY 16, AND MAY 30. (***1532) 00-127 BOARD DIRECTION THAT THE CORRECTIONAL OFFICER APPEAL BE SET FOR MAY 16, 2000, AT 11:15 A.M. (***1622) 00-128 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.) (***1780) 1. Robert McKenzie, Chief Deputy County Counsel, discussed Communications item 8.01(2). County Counsel will be sending a letter to the State to clarify the County' s position regarding State regulation of ground water. 00-129 CLOSED SESSION: the Board adjourned at 3:03 p.m. to a closed session conference with legal counsel regarding initiation of litigation pursuant to Government Code Section 54956.9(c) one potential case. (***2110) RECONVENE: the Board reconvened at 3:39 p.m. from a closed session conference with legal counsel regarding initiation of litigation pursuant to Government Code Section 54956.9(c) one potential case. (***2149)(NO ANNOUNCEMENTS) Communications 00-130 Communications received and referred. (A LISTING AND COPIES OF ADDITIONAL COMMUNICATIONS RECEIVED BY THE BOARD ARE AVAILABLE IN THE CLERK OF THE BOARD OFFICE.) 1. Gail Shirley, Administrative Assistant/Financial Services, Palermo Union School District, submits a copy of Resolution No. 00-06, adopted March 14, 2000, increasing school facilities fees as authorized by Government Code Section 65995(b)3. (REFERRED TO CHIEF ADMINISTRATIVE OFFICER AND DIRECTOR-DEVELOPMENT SERVICES Page 116 April 11, 2000 April 11, 2000 00-130 2. State water Resources Control Board submits notice of a public workshop to be held April 24, 2000, at 10:00 a.m. at the State water Resources Control Board, Paul R. Bonderson Building, First Floor Hearing Room, 901 P Street, Sacramento. The workshop is designed to gather information regarding the test for classifying subterranean streams flowing through known and definite channels. (REFER TO DIRECTOR-WATER AND RESOURCE CONSERVATION.) ADJOURNMENT: there being no further business before the Board, the meeting was adjourned at 3:39 p.m. to reconvene at a Special Meeting of the Board on Friday, April 14, 2000, at 1:00 p.m. Jane Dolan, Chair ATTEST: John S. Blacklock, Chief Administrative Officer and Clerk of the Board of Supervisors By. Page 117 April 11, 2000