HomeMy WebLinkAboutM051199BOARD OF SUPERVISORS
MINUTES
R. J. HEELER, 1st District
JANE DOLAN, 2nd District
MARY ANNE HOUX 3rd District
CURT JOSiASSEN, 4th District
FRED C. DAViS, 5th District
May 11, 1999
Ca11 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; Neil McCabe, Assistant 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, Community United
Methodist Church, Durham.
99-123 Items removed from the Consent Agenda for Board consideration
and action. (91)
1. Adoption of an Ordinance - Fire Protection Clearance
Around Power Poles - the Fire Warden is requesting the
Board approve an ordinance which adds section 2-173,
entitled "Fire Protection Clearance Around Power Poles
and Power Lines" to Article XX of Chapter 2 of the Butte
County Code - action requested - ADOPT ORDINANCE AND
AUTHORIZE THE CHAIR TO SIGN. (FROM 4-27-99)
2. Pheasant Landing Subdivision, Unit 2, Phase 1 - Final
Map - the developer has provided an Irrevocable Letter
of Credit to guarantee construction of the required
road, drainage, and sewer facilities within one year.
The project is described as the 21 lots located on the
east side of Garner Lane across from Kathy Lane, north
Chico area - action requested - APPROVE FINAL MAP;
ACCEPT EASEMENTS AS GRANTED IN ITEMS 2, 3, AND 5 OF THE
OWNER'S STATEMENT ON BEHALF OF THE ENTITIES NAMED;
ACCEPT THAT PORTION OF GARNER LANE, AUGUSTA LANE,
SPYGLASS ROAD, NEW ARTERIAL AND THE ABUTTER'S RIGHTS OF
ACCESS AS OFFERED TO BUTTE COUNTY IN ITEMS 1 AND 5 OF
THE OWNERS STATEMENT. LOT A FOR SEWAGE TREATMENT
PURPOSES, AS OFFERED iN ITEM 4 OF THE OWNER'S STATEMENT,
IS NOT ACCEPTED AT THIS TIME; AND AUTHORIZE THE CHAIR TO
SIGN THE SUBDIVISION AGREEMENT.
Page 131 May 11, 1999
May 1i, 1999
Consent Agenda
99-124 1. Approval of Minutes - action requested - APPROVE MINUTES
OF APRIL 27, 1999.
2. Budget Transfers - action requested - APPROVE BUDGET
TRANSFERS B-302 (Court Construction [4/5 vote required]}
AND B-307 (Probation}.
3. East Avenue Underground Utility District No. 12 - Board
approval is requested by the Public Works Department to
set a public hearing for June 8, 1999, at 10:00 a.m, to
consider whether public necessity, health, safety, or
welfare require the formation of an underground utility
district on the south side of East Avenue between
Esplanade and Conners Avenue, Chico - action requested -
ADOPT RESOLUTION 99-66 CALLING A PUBLIC HEARING FOR
JUNE 8, 1999, AT 10:DO A.M. AND AUTHORIZE THE CHAIR TO
SIGN.
4. County Library Donations - in accordance with Government
Code Section 25355, donations of $1,750 from Chico
Friends of the Library, $1075.70 from Oroville Friends
of the Library, $500 from Paradise Friends of the
Library, and $100 from Jane S. Hogan, Virginia Beach,
Virginia, have been received for the Butte County Trust
Fund for the purchase of books - action requested -
ACCEPT DONATIONS AND AUTHORIZE LETTERS OF APPRECIATION.
5. County Service Area {CSA} 34 - Gridley Swimming Pool -
in accordance with Government Code Section 25355, a
donation of $2,000 from the Quota Club of Gridley has
been received for CSA 39. The funds are to be utilized
to make repairs to the baby pool - action requested -
ACCEPT DONATION; REQUEST THE AUDITOR-CONTROLLER DEPOSIT
THE FUNDS TO CSA 34 - FUND 440 {4712535}; AND AUTHORIZE
A LETTER OF APPRECIATION.
6. Gridley - Biggs Cemetery District - action requested -
REAPPOINT LOWELL P. KING, TRUSTEE, TO A TERM TO
END MAY 1, 2003.
7. Award of Bid No. 104-99 - Law-Bed Transport Trailer --
bids have been opened for the purchase of a 70,000 GVWR
Low-Bed Transport Trailer for the Public Works
Department with the low bidder being Peterson Tractor
Company of Chico, in the amount of $36,625.88
(department budget} including sales tax and Department
of Motor Vehicle Fees. - action requested - AWARD BID.
Page 132 May 11, 1999
May 11, 1999
99-324 8. Vehicle Purchase - the Butte County Department of
Behavioral Health is requesting Board approval to
purchase a four-door sedan in the estimated amount of
$18,000 (department budget) which will be utilized to
transport patients to the Older Adult Facility - action
requested - APPROVE BUDGET TRANSFER B-308; AND APPROVE
PURCHASE OF A FIXED ASSET ITEM.
9. Computer Hardware and Software - the County Clerk-
Recorder - Elections Division is requesting Board
approval to purchase an Electronic Information
Management System (EIMS) for Windows NT departmental
server, a scan station, and corresponding internal
software and licenses from DFM Associates of Irvine,
California, in an amount not to exceed $67,000. This
equipment is part of the department's Y2K compliance
efforts, and will provide integration with the County's
PC Vote Count System and Signature Imaging/Retrieval
System. Funding for this purchase is available by
utilizing unanticipated revenue received from absentee
ballot reimbursements and election cost reimbursements -
action requested - APPROVE BUDGET TRANSFER B-306 AND
APPROVE THE PURCHASE OF HARDWARE AND SOFTWARE FROM DFM
ASSOCIATES.
10. Community Development Block Grant Program (CDBG) Funds -
on August 11, 1998, the Board approved submission of a
grant application in the amount of 535,000 to the CDBG
Economic Development Planning and Technical Assistance
Program. As part of that application Rural Venture
Capital Network agreed to provide $1,050 in required
matching funds. The County has received the grant and
matching funds and Board approval is requested to accept
and appropriate these funds - action requested - APPROVE
BUDGET TRANSFER B-304 (9/5 vote required) ACCEPTING AND
APPROPRIATING $36,050 IN UNANTICIPATED GRANT REVENUE.
11. Unclaimed Property Tax Refunds - Revenue and Taxation
Code Sections 5096-5108 provide legal authority and
direction regarding property tax refunds. Section 5102
specifically addresses unclaimed amounts and allows for
a transfer of these amounts to the County General Fund.
The Auditor-Controller has verified unclaimed refunds
which meet the requirements prescribed by Revenue and
Taxation Code Section 5096-5108, and is requesting Board
approval to transfer these funds to the County General
Fund - action requested - AUTHORIZE THE UNCLAIMED
AMOUNTS TRANSFERRED TO THE COUNTY GENERAL FUND,
DEPARTMENT 050, REVENUE CODE 4712525.
Page 133 May lI, 1999
May ll, 1999
99-124
12. Reissue Time Expired Check - pursuant to the Auditor-
Controller's policy, Debbie Mueller is requesting Board
approval for the reissuance of check number 1505-292544
in the amount of $113.70. The check was misplaced, then
located after the document's expiration date - action
requested - AUTHORIZE THE REISSUANCE OF CHECK 1505-
292544 IN THE AMOUNT OF $113.70.
13. Southside Oroville Community Center - Appropriation of
Funds - Board approval is requested by the
Administrative Office to accept and appropriate $300,000
in Housing and Community Development grant revenue (HCD
Grant #97-STBG-11030) received for the construction of
the Southside Oroville Community Center - action
requested - APPROVED BUDGET TRANSFER B-321 (4/5 vote
required) ACCEPTING AND APPROPRIATING UNANTICIPATED
GRANT REVENUE.
19. Traffic and Safety Improvements - Chapman Elementary
School - Board approval is requested by the Development
Services Department to utilize $75,000 in Community
Development Block Grant (CDBG) funds for the County's
share of a joint program to provide traffic and safety
improvements for the Chapman Elementary School. This
activity is an allowed use under the State guidelines
for program income. Board approval is also requested
for an agreement with the Chico Unified School District
which covers terms and funding of the project - action
requested - APPROVE THE USE OF $75, 000 IN CDBG FUNDS;
AND APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN
SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-
CONTROLLER.
Page 134 May 11, 1999
Mav 11, 1999
99-124
15. Adoption of a Salary Ordinance Amendment - at the
request of the Development Services Department, the
Personnel Department conducted a classification and
compensation study. The study compared actual job
duties and responsibilities within the current
classification plan to identify inconsistencies and
address appropriate classification titles and salary
modifications. As a result of the study the following
actions are being recommended:
A. Retitle and adjust the salary for the position of
G.I.S. System Planner (Salary Range 1235 [$19.75 -
$24.01]) to Geographic Information System (G.I.S.)
Manager (Salary Range 1214 [$17.70 - $21.62]) -
action requested - ADOPT ORDINANCE 3511 AND
AUTHORIZE THE CHAIR TO SIGN (FROM 9-27-99); AND
B. Retitle and adjust the salary for the position of
Planning Technician (Salary Range 1156 [$13.31 -
$16.19]) to Planning Technician II (Salary Range
1170 [$14.28 - $17.36]); create the classification
of Planning Technician I (Salary Range 1136
[$12.06 - $19.65]); flexibly staff the current
Planning Technician position to Planning Technician
II/I; and convert the flexibly staffed position of
Secretary I/Office Assistant III to Planning
Technician I1/I - action requested - ADOPT
ORDINANCE 3512 AND AUTHORIZE THE CHAIR TO SIGN.
(FROM 4-27-99)
16. Adoption of a Salary Ordinance Amendment - the Probation
Department has requested the Personnel Department
prepare a salary ordinance amendment which would correct
an error in the budget code assignment for a Probation
Technician position from the Probation (430-001) budget
to the Probation - Victim Witness Grant (930-0006)
budget - action requested - ADOPT ORDINANCE 3513 AND
AUTHORIZE THE CHAIR Td SIGN. (FROM 4-27-99)
17. Adoption of a Salary Ordinance Amendment - the Director
of Social Welfare has requested the Personnel Department
prepare a salary ordinance amendment which adds one term
position of Welfare Program Manager (term to end
6-30-00) in support of the Ca1WORKs program through the
Private Industry Council - action requested - ADOPT
ORDINANCE 3519 AND AUTHORIZE THE CHAIR TO SIGN. (FROM
4-27-99)
Page 135
May 11, 1999
May 11, 1999
99-129 18. Introduction of a Salary Ordinance Amendment - the "-"
Auditor-Controller has requested the Personnel
Department prepare a salary ordinance amendment which
flexibly staffs one position of Accounting Specialist,
Senior Account Clerk, or Account Clerk to Auditor
Accountant II/I or Accounting Specialist. Flexibly
staffing this position will give the department greater
flexibility in the selection and training of staff -
action requested - WAIVE READING OF THE ORDINANCE.
19. Introduction of a Salary Ordinance Amendment - Board
approval is requested by the Personnel Department for a
salary ordinance amendment which creates a limited term
position of Administrative Services Assistant (term not
to exceed six months) in response to the extended
medical leave of the incumbent - action requested -
WAIVE READING OF THE ORDINANCE.
20. Resolution Providing Travel Reimbursement to the
Assessment Appeals Board - the Clerk of the Board is
requesting Board approval for a resolution which would
clarify the rate and manner of travel expense
reimbursement to members of the Assessment Appeals
Board as provided for in Ordinance No. 1114 -
action requested - ADOPT RESOLUTION 99-67 AND AUTHORIZE
THE CHAIR TO SIGN.
21. Approval of Plans and Specifications for Regrading of
Schott Road from State Route 32 to 1.0 Mile East -
plans and specifications have been completed far the
project. A grant from the Butte County Air Quality
Management District will reimburse $35,000 of the
project costs - action requested - APPROVE PLANS AND
SPECIFICATIONS; ADOPT WAGE SCALE; AND AUTHORIZE THE
PUBLIC WORKS DEPARTMENT TO ADVERTISE FOR BIDS.
22. Approval of Plans and Specifications for the
Construction of Bicycle Lanes along Durham Dayton
Highway from McAnarlin Avenue to Goodspeed Street -
plans and specifications have been completed for the
project. All project costs are reimbursable through
Proposition 116 funds - action requested - APPROVE
PLANS AND SPECIFICATIONS; ADOPT WAGE SCALE; AND
AUTHORIZE THE PUBLIC WORKS DEPARTMENT TO ADVERTISE FOR
BIDS.
Page 136 May 11, 1999
May 11, 1999
99-129 23. Approval of Plans and Specifications for the Roadway
Rehabilitation on Midway from Durham Dayton Highway to
500 Feet South of Oroville Chico Highway - plans
and specifications have been completed for the project.
All project costs are reimbursable through the State
Transportation Improvement Program (SB 45}, The project
must be awarded by June 30, 1999, to receive
reimbursement - action requested - APPROVE PLANS AND
SPECIFICATIONS; ADOPT WAGE SCALE; AND AUTHORIZE THE
PUBLIC WORKS DEPARTMENT TO ADVERTISE FOR BIDS.
29. Approval of Plans and Specifications for the
Construction of a Pavement Overlay on a Portion of the
Midway from Western Canal to Durham Dayton Highway -
plans and specifications have been completed for the
project. The State and Local Transportation Partnership
Program will reimburse 16.59% of the project casts. The
project must be awarded by June 30, 1999, to
receive reimbursement - action requested - APPROVE PLANS
AND SPECIFICATIONS; ADOPT WAGE SCALE; AND AUTHORIZE THE
PUBLIC WORKS DEPARTMENT TO ADVERTISE FOR BIDS.
25. Approval of Plans and Specifications for the
Construction of River Road Bridge across Big
Chico Creek - plans and specifications have been
completed for the project. The Federal Highway Bridge
Rehabilitation and Replacement Program will reimburse
80a of the project costs. The remaining 20o is
reimbursable through the State Transportation
Improvement Program. The project must be awarded by
June 30, 1999, to receive reimbursement - action
requested - APPROVE PLANS AND SPECIFICATIONS; ADOPT WAGE
SCALE; AUTHORIZE THE PUBLIC WORKS DEPARTMENT TO
ADVERTISE FOR BIDS; AND AUTHORIZE THE CHAIR AND THE
DIRECTOR OF PUBLIC WORKS TO SIGN PLANS.
26. Bruno and Hawkins Architects - Amendment No. 1 - Board
approval is requested by the Administrative Office for
an amendment to the agreement with Bruno and Hawkins
Architects for the provision of design services for the
Southside Oroville Community Center. The amendment
provides for an increase, not to exceed $20,000, for
additional geotechnical engineering, surveying, aerial
mapping, and off-site engineering. All costs are
covered by grant funds - action requested - APPROVE
AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN
SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-
CONTROLLER. (Contract No. X111D5)
Page 137 May 11, 1999
May 11, 1999
99-124 27. Rolls, Anderson & Rolls - Amendment No. 3 - Board
approval is requested by the Administrative Office for
an amendment to the agreement with Rolls, Anderson &
Rolls for the purpose of providing a Sewer Feasibility
Study for areas south of Lindo Channel within the Chico
Urban Area and County Service Area 114. The amendment
extends the term of the agreement through July 31, 1999,
with all other terms and provision remaining the same -
action requested - APPROVE AGREEMENT AMENDMENT AND
AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF
COUNTY COUNSEL AND THE AUDTTOR-CONTROLLER. (Contract No.
X10803)
28. NorthStar Engineering - Amendment No. 3 - Board approval
is requested by the Administrative Office for an
amendment to the agreement with NorthStar Engineering
for the purpose of conducting a Sewer Feasibility Study
for areas north of Lindo Channel within the Chico
Urban Area and County Service Area 114. The
amendment extends the term of the agreement
through July 31, 1999, with all other terms and
provisions remaining the same - action requested -
APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN
SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-
CONTROLLER. (Contract No. X10804)
29. United States Department of Agriculture (USDA), Animal
and Plant Health Inspection Services (APHIS), Wildlife
Services Agreement - Board approval is requested by the
Agricultural Commissioner for an Annual Work Plan and
agreement with the USDA for wildlife damage management
on properties within Butte County. The plan provides
for Wildlife Services to supply all program supervision,
administration, and equipment to reduce, terminate, and
prevent predation and damage to livestock, crops and
other property caused by damaging birds and mammals.
Butte County's share of the agreement is $28,560
(department budget) - action requested - APPROVE WORK
PLAN AND AGREEMENT AND AUTHORIZE THE AGRICULTURAL
COMMISSIONER TO SIGN. (Contract No. X11212)
30. Michael Hitchko, Ph.D. - Amendment - Board approval is
requested by the Butte County Department of Behavioral
Health (BGDBH) for an amendment to the agreement with
Michael Hitchko, Ph.D., for the provision of
psychological services to clients of the BCDBH Adult
Services Division. The amendment increases the amount
payable by $8,398 (Realignment) to cover an increase in
the utilization of services - action requested - APPROVE
AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN
SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR- ~
CONTROLLER. (Contract No. X10687)
Page 138 May 11, 1999
May 11, 1999
99-129 31. Leonard & Lyde - Board approval is requested by County
Counsel for an agreement with Leonard & Lyde for the
provision of attorney services. The term of the
agreement is ane year, and funding is available in
County Counsel's budget - action requested - APPROVE
AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract
No. X10875)
32. County Personnel Administrators Association and Gates
McDonald - Board approval is requested by the Personnel
Department for an amendment to the agreement with the
County Personnel Administrators Association and Gates
McDonald for the provision of unemployment compensation
services. The amendment extends the term of the
agreement from May 1, 1999, to April 30, 2002, with all
other terms and conditions remaining the same - action
requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE
THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL
AND THE AUDITOR-CONTROLLER. (Contract No. X11229)
33. Del Norte Clinics - Service Agreement - Board approval
is requested by the Public Health Department for an
agreement with Del Norte Clinics for the provision of
outreach activities to Medi-Cal eligibles and
beneficiaries. The State agreement for this program was
approved by the Board on March 9, 1999. The State
agreement provides provisions for subcontracting a
portion of the funds to Del Norte Clinics to cover the
cost of staff who will contact potential Medi-Cal
enrollees. The agreement has a maximum amount payable
of $100,OOD (department budget) - action requested -
APPROVE AGREEMENT ANb AUTHORIZE THE CHAIR TO SIGN.
{Contract No. X11219)
34. Evercom/Public Communications Services - Inmate Pay
Phones - Board approval is requested by the Sheriff's
Office for two agreements which provide pay telephones
to inmates of the Butte County Jail. The agreement with
Evercom provides for the provision of telephone services
for a period of three years, effective December 1, 1998,
through November 30, 2001. Revenues generated from this
agreement will be placed into the Inmate welfare Fund.
The second agreement, with Public Communications
Services (PCS), provides for management, audit, and
dispute resolution services which arise from the Evercom
agreement. The term of the PCS agreement is also for
three years, and all fees associated with the agreement
will be paid out of the Inmate Welfare Fund. A Special
Power of Attorney form to PCS is requested for the
duration of the agreement - action requested - APPROVE
AGREEMENTS AND AUTHORIZE THE CHAIR TO SIGN; AND APPROVE
SPECIAL POWER OF ATTORNEY FORM AND AUTHORIZE THE CHAIR
TO SIGN. (Contract Nos. R40132A and R40132B)
Page 139 May 11, 1999
May 11, 1999
99-124 35. AJG Services {State Contract No. 04-C-d1-97/99 and '-"'
County Contract No. 04-30-97/99) - Amendment - Board
approval is requested by the Welfare Department for an
amendment to the agreement with AJG Services for the
provision of In-Home Support Services (IHSS) The
amendment extends the term of agreement for one year
(from June 1, 1999, to June 30, 2000) pursuant to
the extension clause in the original agreement. The
State has approved the one year extension and funds far
the agreement are included in the Welfare Department's
proposed budget. The rates and hours of services will
remain the same - action requested - APPROVE AGREEMENT
AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO
APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER.
36. Innovative Solutions, ISInc., - Board approval is
requested by the Welfare Department for an agreement
with Innovative Solutions, ISInc., to replace the
existing General Assistance computer application. The
replacement will make the General Assistance system Y2K
compliant, as well as provide enhancements and updates.
The term of the agreement is May 1, 1999, through
January 31, 2000, with a maximum amount payable of
$35,760. Board approval is also requested for a budget
transfer of department funds to provide for the
agreement - action requested - APPROVE BUDGET TRANSFER
B-303; AND APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO
SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE
AUDITOR-CONTROLLER.
37. Air Quality Management District - Board approval is
requested by Mary Anne Houx, Chair, Air Quality
Management District, for an Attorney General Opinion on
the Sacramento Valley Basinwide Air Pollution Control
Council By-Laws and Proxy Vote - action requested -
APPROVE REQUEST FOR ATTORNEY GENERAL OPINION.
38. Paradise Irrigation District (PID) - Local Project
Feasibility Study Grant - the Paradise Irrigation
District has applied to the Department of Water
Resources for a Local Projects Feasibility Study Grant
to evaluate the alternative for meeting the District's
future water supply needs, and will focus on raising the
Paradise Dam. Supervisor Davis is requesting the Berard
approve a letter of support endorsing the grant
application - action requested - APPROVE LETTER OF
SUPPORT FOR THE PID LOCAL PROJECTS FEASIBILITY STUDY
GRANT AND AUTHORIZE THE CHAIR TO SIGN.
Page 140 May 11, 1999
May 11, 1999
99-124 39. County Service Areas {CSAs} - Failed Ballot
Proceedings - on March 23, 1999, a ballot proceeding was
held to allow for an increased or new service charge
within 11 CSAs. Two of the CSAs (Meadow Estates Street
Lighting-Zone 1 [CSA 73} and South Fork Estates Street
Lighting and Drainage {CSA 119]), failed to approve the
increased or new service charge. As a result of the
failed ballot proceeding, it is necessary to decrease
services within these CSAs. Property owners in CSA
73-Zone 1 were notified on April 20, 1999, that two
streetlights will be turned off effective May 19, 1999.
Property owners in CSA 119 will be notified in May that
one streetlight will be turned off effective June 30,
1999 - action requested - ACCEPT FOR INFORMATION.
40. 1997-98 Grand Jury Final Report Follow-up - among the
Grand Jury recommendations for 1997-9$ were concerns
regarding the Veterans Memorial Hall and the Voa.cemail
system. Proposed are recommendations in response to
thaw concerns. The actions of the Board will be
forwarded to the Presiding Judge of the Superior Court
and the Grand Jury,
A. Veterans Memorial Hall - a report from Mike Pyeatt,
General Services Director, has been prepared
regarding the proposed concept of leasing or
purchasing a centrally located ADA compliant
building for all veteran organizations. The Butte
County Veterans Council unanimously voted to reject
this proposal - action requested - ACCEPT
RECOMMENDATION OF THE BUTTE COUNTY VETERANS
COUNCIL.
B. Butte County Voicemail Policy - the Grand Jury
Report included findings and recommendations to
establish a voicemail policy. Bob Barnes,
Information Systems Director, met with the
Management Council and the Information Systems
Policy Committee to discuss the development of a
countywide voicemail policy. Proposed is a
resolution which would establish a voicemail
policy - action requested - ADOPT RESOLUTION 99-68
AND AUTHORIZE THE CHAIR TO SIGN. (81}
MOTION: I MOVE TO APPROVE THE CONSENT AGENDA WITH THE REMOVAL OF ITEMS
3.07 AND 3.16.
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
Regular Agenda
99-125 Appointments - Commissions and Committees (105)
A. Appointments to committee vacancies. (NONE)
Page 141 May 11, 1999
May 11, 1999
99-126 Update on legislative and budget activities. (110) JOHN S. "~`~
BLACKLOCK, CHIEF ADMINISTRATIVE OFFICER, INFORMS THE BOARD
THAT THE MAY REVISE WILL BE RELEASED THIS WEEK AND IT IS
ANTICIPATED THAT THERE WILL BE A $9 BILLION REVENUE INCREASE
BEYOND THE JANUARY PROJECTED BUDGET. THE ADMINISTRATIVE
OFFICE IS DRAFTING A LETTER TO SEND TO THE GOVERNOR AND ALL
LEGISLATORS URGING THEM TO GIVE SERIOUS CONSIDERATION TO
RETURNING PROPERTY TAXES TO LOCAL GOVERNMENTS. A LETTER IS
ALSO BEING DRAFTED TO SEND TO THE PRESIDENT OF THE CALIFORNIA
STATE ASSOCIATION OF COUNTIES (CSAC) ENCOURAGING CSAC TO MAKE
A STRONG AND FOCUSED EFFORT ON THIS SUBJECT.
BOARD DIRECTION WAS GIVEN TO THE CHIEF ADMINISTRATIVE OFFICER
TO INCLUDE SOME HISTORY IN THE LETTER TO HELP NEW LEGISLATORS
UNDERSTAND THE PROBLEM; THAT THE LETTER BE SENT TO THE
EDITORIAL BOARDS OF THE NEWSPAPERS IN THE MAJOR URBAN AREAS
(AS WELL AS OUR LOCAL PAPERS); THAT THE LETTER TO CSAC ASK
WHAT THAT ORGANIZATION IS DOING TO HELP ENCOURAGE THE IDEA OF
A PROPERTY TAX SHIFT BACK TO LOCAL GOVERNMENTS, AND OFFERING
THE BOARD'S ASSISTANCE IN ANY EFFORTS THEY MAKE. THE BOARD
ALSO DIRECTED THAT A LETTER BE DRAFTED WHICH SPECIFICALLY
TARGETS MEMBERS OF THE STATE LEGISLATURE, BOTH ASSEMBLY AND
SENATE, WHO WERE ONCE MEMBERS OF A LOCAL GOVERNMENT BOARD OR
COUNCIL. IT WAS ALSO SUGGESTED THAT OTHER COUNTIES BE
CONTACTED TO ENCOURAGE THEIR PARTICIPATION IN THIS IMPORTANT
ISSUE.
99-127 System of Care - Report to the Board - overview of the System
of Care Program for emotionally disturbed children,
adolescents, and their families - action requested - ACCEPT
FOR INFORMATION. (335}
PRESENTATION TO THE BOARD BY DR. MICHAEL CLARKS, ASSISTANT
DIRECTOR, BUTTE COUNTY DEPARTMENT OF BEHAVIORAL HEALTH-YOUTH
SERVICES DIVISION.
99-128 Report to the Board - status report on the Office of Child
Abuse Prevention (OCAP} program with the Parent Education
Network - action requested - ACCEPT FOR INFORMATION. {1379}
PRESENTATION TO THE BOARD BY YVONNE NENADEL, OCAP PROJECT
DIRECTOR, PARENT EDUCATION NETWORK.
99-129 Friends of the Library - State of the Library presentation -
action requested ACCEPT FOR INFORMATION. (2035)
PRESENTATION TO-THE BOARD BY LINDA BASSETT, PRESIDENT, CHICO
FRIENDS OF THE LIBRARY; LYNN BOCK, PRESIDENT, GRIDLEY FRIENDS
OF THE LIBRARY; MARY MURPHY, PRESIDENT, FRIENDS OF THE LIBRARY
IN OROVILLE; KATHRYN HISLOP, PRESIDENT, DURHAM FRIENDS OF THE
LIBRARY; AND ELIZABETH M. MCDONOUGH, PRESIDENT, FRIENDS OF THE '~
LIBRARY, PARADISE.
Page 142 May 11, 1999
May 11, 1999
RECESS: 10:25 A.M.
RECONVENE: 10:35 A.M.
99-130 Consideration of an amendment to the ordinance establishing
the Children and Families First Commission - action
requested -- WAIVE READING OF THE ORDINANCE; AND APPOINT
COMMISSION MEMBERS. {293$)
MOTION: I MOVE TO WAIVE THE READING OF THE ORDINANCE.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
APPOINTMENTS ARE TO BE CONSIDERED AT THE MEETING OF
MAY 25, 1999.
99-131 Juvenile Boot Camp Update - informational update to the Board
on the Probation Department's Boot Camp Program - action
requested - ACCEPT FOR INFORMATION. (3235)(**00)
PRESENTATION TO THE BOARD BY STEVE WALLENBURG, ANALYST, AND
KAREN YOUNG, PROBATION OFFICER, PROBATION DEPARTMENT. KAREN
YOUNG INTRODUCED "DANIEL", A SUCCESSFUL GRADUATE FROM THE BOOT
CAMP PROGRAM.
99-132 State Route 32/Eaton Road Bypass Plan Line Study -
consideration of the amended State Route 32/Eaton Road Bypass
Plan Line Study action requested - ACCEPT STATE ROUTE
32/EATON ROAD BYPASS LINE STUDY AS MODIFIED; DIRECT THE
DEVELOPMENT SERVICES DEPARTMENT TO BEGIN THE PROCESS OF
INCLUDING THE AMENDED ALIGNMENT INTO THE CIRCULATION ELEMENT
OF THE BUTTE COUNTY GENERAL PLAN; AND UPON ADOPTION OF A
REVISED CIRCULATION ELEMENT, DIRECT STAFF TO DEVELOP A FUTURE
ROAD NOTIFICATION PROCESS FOR BUILDING PERMITS WITHIN THE
AREA. {**334)
MOTION: I MOVE TO ACCEPT STATE ROUTE 32/EATON ROAD BYPASS LINE STUDY
AS MODIFIED, WITH PAGE 5, PARAGRAPH 2, LINES 2 AND 3, AMENDED
TO RETAIN THE WORDS "CITY OF CHICO"; DIRECT THE DEVELOPMENT
SERVICES DEPARTMENT AND PUBLIC WORKS DEPARTMENT TO BEGIN THE
PROCESS OF INCLUDING THE AMENDED ALIGNMENT INTO THE
CIRCULATION ELEMENT OF THE BUTTE COUNTY GENERAL PLAN; AND UPON
ADOPTION OF A REVISED CIRCULATION ELEMENT, DIRECT STAFF TO
DEVELOP A FUTURE ROAD NOTIFICATION PROCESS FOR BUILDING
PERMITS WITHIN THE AREA.
M S
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
BOARD DIRECTION THAT THE PUBLIC WORKS DEPARTMENT PRESENT A
REPORT TO THE BOARD REGARDING THE IMPACTS THIS PROPOSAL WILL
HAVE ON THE EXISTING PROPERTIES ON THE EAST SIDE OF EATON ROAD
BETWEEN HIGHWAY 99 AND COHASSET.
Page 143 May 11, 1999
May 11, 1999
99-133 Rock Creek/Keefer Slough Flood Control Projects -
consideration of a cost sharing agreement for a Feasibility
Study - action requested - APPROVE BUDGET TRANSFER B-305 (4/5
vote required) TRANSFERRING $20,000 FROM COMMUNITY
DEVELOPMENT (F-1011830} TO ROCK CREEK/KEEFER SLOUGH FLOOD
CONTROL PROJECT FUND (F-1011294) AND TRANSFERRING $80,000 FROM
COMMUNITY DEVELOPMENT (F-1011830) TO PUBLIC WORKS-GENERAL
SERVICES (PROFESSIONAL SERVICES); ADOPT A RESOLUTION APPROVTNG
LOCAL FEASIBILITY COST SHARING AGREEMENT AND AUTHORIZE THE
CHAIR TO SIGN; APPROVE PROJECT STUDY PLAN AND AUTHORIZE THE
CHAIR AND THE DIRECTOR OF PUBLIC WORKS TO SIGN; APPROVE A
LOCAL FEASIBILITY COST SHARING AGREEMENT AND AUTHORIZE THE
CHAIR AND THE DIRECTOR OF PUBLIC WORKS TO SIGN SUBJECT TO
APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER; AND
APPROVE THE LETTER OF REQUEST TO THE RECLAMATION BOARD AND
AUTHORIZE THE CHAIR TO SIGN. (**825)
MOTION: I MOVE TO APPROVE BUDGET TRANSFER B-305 (4/5 vote required}
TRANSFERRING $20,000 FROM COMMUNITY DEVELOPMENT (F-1011830) TO
ROCK CREEK/KEEFER SLOUGH FLOOD CONTROL PROJECT FUND
(F-1011294) AND TRANSFERRING $80,000 FROM COMMUNITY
DEVELOPMENT (F-1011830) TO PUBLIC WORKS-GENERAL SERVICES
{PROFESSIONAL SERVICES); ADOPT RESOLUTION 99-69 APPROVING
LOCAL FEASIBILITY COST SHARING AGREEMENT AND AUTHORIZE THE
CHAIR TO SIGN; APPROVE PROJECT STUDY PLAN AND AUTHORIZE THE
CHAIR AND THE DIRECTOR OF PUBLIC WORKS TO SIGN; APPROVE A ~
LOCAL FEASIBILITY COST SHARING AGREEMENT AND AUTHORIZE THE
CHAIR AND THE DIRECTOR OF PUBLIC WORKS TO SIGN SUBJECT TO
APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER; AND
APPROVE THE LETTER OF REQUEST TO THE RECLAMATION BOARD AND
AUTHORIZE THE CHAIR TO SIGN.
M S
MOTION: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried}
99-134 Introduction of an Ordinance to Adopt the 1998 California
Building Standards Code - consideration of an ordinance which
amends Chapters 26-Buildings, 26B-Mechanical, 27-Electricity,
and 28-Plumbing, of the Butte County Code - action requested -
WAIVE READING OF THE ORDINANCE AND SET A PUBLIC HEARING FOR
JUNE 8, 1999, AT 10:15 A.M. TO CONSIDER FINAL ADOPTION OF THE
ORDINANCE. (**1176)
MOTION: I MOVE TO WAIVE THE READING OF THE ORDINANCE AND SET A PUBLIC
HEARING FOR JUNE 8, 1999, AT 10:15 A.M. TO CONSIDER FINAL
ADOPTION OF THE ORDINANCE.
S M
VOTE: 1 Y 2 Y 3 Y 9 Y 5 Y (Unanimously Carried)
Page 144 May 11, 1999
Ma 11, 1999
99-135 Items removed from the Consent Agenda for Board consideration
and action. (**1539)(***00)
1. Adoption of an Ordinance - Fire Protection Clearance
Around Power Poles - the Fire Warden is requesting the
Board approve an ordinance which adds section 2-173,
entitled "Fire Protection Clearance Around Power Poles
and Power Lines" to Article XX of Chapter 2 of the Butte
County Code - action requested - ADOPT ORDINANCE AND
AUTHORIZE THE CHAIR TO SIGN. (FROM 4-27-99)
MOTION: I MOVE TO CONTINUE THE CONSIDERATION OF THIS ORDINANCE TO THE
MEETING OF JUNE 8, 1999.
M S
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
BOARD DIRECTION THAT A COPY OF THE AGREEMENT BETWEEN THE
DISTRICT ATTORNEY AND PACIFIC GAS AND ELECTRIC COMPANY, A COPY
OF THE PUBLIC RESOURCES CODE SECTIONS REFERRED TO BY THE
DISTRICT ATTORNEY, AND A DIAGRAM OR GRAPHICAL REPRESENTATION
OF WHAT THE DIFFERENCE OF OPINIONS REGARDING "TRIMMING" IS,
BE PROVIDED TO THE BOARD.
2. Pheasant Landing Subdivision, Unit 2, Phase 1 - Final
Map - the developer has provided an Irrevocable Letter
of Credit to guarantee construction of the required
road, drainage, and sewer facilities within one year.
The project is described as the 21 lots located on the
east side of Garner Lane across from Kathy Lane, north
Chico area T action requested - APPROVE FINAL MAP;
ACCEPT EASEMENTS AS GRANTED IN ITEMS 2, 3, AND 5 OF THE
OWNER'S STATEMENT ON BEHALF OF THE ENTITIES NAMED;
ACCEPT THAT PORTION OF GARNER LANE, AUGUSTA LANE,
SPYGLASS ROAD, NEW ARTERIAL AND THE ABUTTER'S RIGHTS OF
ACCESS AS OFFERED TO BUTTE COUNTY IN ITEMS 1 AND 6 OF
THE OWNERS STATEMENT. LOT A FOR SEWAGE TREATMENT
PURPOSES, AS OFFERED IN ITEM 4 OF THE OWNER'S STATEMENT,
IS NOT ACCEPTED AT THIS TIME; AND AUTHORIZE THE CHAIR TO
SIGN THE SUBDIVISION AGREEMENT
MOTION: I MOVE TO APPROVE THE FINAL MAP; ACCEP'T' THE EASEMENTS AS
GRANTED IN ITEMS 2, 3, AND 5 OF THE OWNER'S STATEMENT ON
BEHALF OF THE ENTITIES NAMED; ACCEPT THAT PORTION OF GARNER
LANE, AUGUSTA LANE, SPYGLASS ROAD, NEW ARTERIAL AND THE
ABUTTER'S RIGHTS OF ACCESS AS OFFERED TO BUTTE COUNTY IN ITEMS
1 AND 6 OF THE OWNERS STATEMENT. LOT A FOR SEWAGE TREATMENT
PURPOSES, AS OFFERED IN ITEM 4 OF THE OWNER'S STATEMENT, IS
NOT ACCEPTED AT THIS TIME BUT WILL TAKE PLACE AFTER THE
RECORDATION OF THE FINAL MAP; AND AUTHORIZE THE CHAIR TO SIGN
THE SUBDIVISION AGREEMENT.
M S
VOTE: 1 Y 2 N 3 Y 9 Y 5 Y (Motion Carried)
Public Hearing and Timed Items (NONE)
Page 145 May 11, 1999
Mav 11. 1999
99-136 Public Comment (PRESENTATIONS WILL BE LIMITED TO FIVE
MINUTES. THE BOARD OF SUPERVISORS IS PROHIBITED BY STATE LAW
FROM TAKING ACTION ON ANY ITEM IF IT IS NOT LISTED ON THE
AGENDA.) (***728}
RECESS: 12:35 p.m,
RECONVENE: 12:90 p.m.
99-137 CLOSED SESSION: The Board recessed at 12:40 p.m. to a closed
session conference with legal counsel
regarding actual litigation pursuant to
Government Code Section 54956.9{a): Soto v.
County of Butte, and Stafford v. County of
Butte; conference with legal counsel
regarding significant exposure to litigation
pursuant to Government Code Section
59956.9(b)(1): one potential case; and
conference with legal counsel regarding
initiation of litigation pursuant to
Government Code Section 59956.9(c): one
potential case. (***733)
RECONVENE: The Board reconvened at 2:08 p.m. from a
closed session conference with legal caunsel
regarding actual litigation pursuant to
Government Code Section 54956.9(a): Soto v.
County of Butte, and Stafford v. County of
Butte; conference with legal counsel
regarding significant exposure to litigation
pursuant to Government Code Section
54956.9(b)(1): one potential case; and
conference with legal counsel regarding
initiation of litigation pursuant to
Government Code Section 54956.9(c): one
potential case. (NO ANNOUNCEMENTS)
Communications
99-138 Communications received and referred. (COPIES OF ALL
COMMUNICATIONS ARE AVAILABLE IN THE CLERK OF THE BOARD
OFFICE,)
A. W. John Schmidt, Executive Director, State of
California, Department of Fish and Game, Wildlife
Conservation Board, writes to give notice of a land
acquisition program referred to as the Butte Creek
Canyon Ecological Reserve, Expansion #l, Butte County.
The proposal will be considered at the Wildlife
Conservation Board meeting of May 20, 1999. (REFERRED
TO CHIEF ADMINISTRATIVE OFFICER, BUTTE COUNTY FISH AND
GAME COMMISSION, AGRICULTURAL COMMISSIONER, AND
DEVELOPMENT SERVICES DIRECTOR [4-23-99])
Page 146 May 11, 1999
May 11, 1999
99-138 B. W. John Schmidt, Executive Director, State of
California, Department of Fish and Game, Wildlife
Conservation Board, writes to give notice of a land
acquisition program referred to as the Wetland
Conservation Easement Program {Department of Fish and
Game) Butte County. The proposal will be considered at
the Wildlife Conservation Board meeting of May 20, 1999.
(REFERRED TO CHIEF ADMINISTRATIVE OFFICER, BUTTE COUNTY
FISH AND GAME COMMISSION, AGRICULTURAL COMMISSIONER, ANp
DEVELOPMENT SERVICES DIRECTOR [4-23-99]}
C. Alan Baracco, Operations Manager, Central Valley
Bay-Delta Branch, State of California, Department of
Fish and Game, writes to give notification of intent to
submit two proposals to the CALFED Bay-Delta Program for
funding of projects that will occur within Butte County.
(REFERRED TO SUPERVISOR DOLAN, SUPERVISOR DAVIS, CHIEF
ADMINISTRATIVE OFFICER, COUNTY COUNSEL, AGRICULTURAL
COMMISSIONER - WATER DIVISION, DEVELOPMENT SERVICES
DIRECTOR, PUBLIC WORKS DIRECTOR, AND EMERGENCY SERVICES
OFFICER.
D. Nathan Dechoretz, Program Supervisor, Integrated Pest
Control Branch, Plant Health and Pest Prevention
Services, State of California, Department of Food and
Agriculture, writes to give notification of intent to
submit a proposal to the CALFED Bay-Delta Program
seeking funding for a project located within Butte
County. (REFERRED TO SUPERVISOR DOLAN, SUPERVISOR
DAVIS, CHIEF ADMINISTRATIVE OFFICER, COUNTY COUNSEL,
AGRICULTURAL COMMISSIONER - WATER DIVISION, DEVELOPMENT
SERVICES DIRECTOR, PUBLIC WORKS DIRECTOR, AND EMERGENCY
SERVICES OFFICER [4-28-99]}
E. Kim Stokely, Executive Director, Adopt-A-Watershed,
writes to give notification of intent to submit a
proposal to the CALFED Bay-Delta Program seeking funding
for a project located within Butte County. (REFERRED TO
SUPERVISOR DOLAN, SUPERVISOR DAVIS, CHIEF ADMINISTRATIVE
OFFICER, COUNTY COUNSEL, AGRICULTURAL COMMISSIONER --
WATER DIVISION, DEVELOPMENT SERVICES DIRECTOR, PUBLIC
WORKS DIRECTOR, AND EMERGENCY SERVICES OFFICER [4-28-
99] )
F. Rico Cuneo, Butte Valley, writes to the Board to
question the subject of the Conjunctive Water Use
meeting of April 29, 1999, and requesting the Board
adopt a sound long-term water policy regarding water
sales. (REFERRED TO CHIEF ADMINISTRATIVE OFFICER AND
AGRICULTURAL COMMISSIONER - WATER DIVISION [4-29-99])
Page 147 May 11, 1999
Mav 11, 1999
99-138 G. John Eckalbar, Chico, writes to the Board to request
permission to cross the existing one-foot wide "no-
access" strip that runs along the northwest right-of-way
line of Chico Canyon Road. (REFERRED TO P[JSLIC WORKS
DIRECTOR [4-29-99])
ADJOURNMENT: There being no further business before the
Board the meeting was adjourned at 2:08 p.m.
to reconvened at a Special Meeting of the
Board on Thursday, May 13, 1.999, at 9:00 a.m.
ANE DOLAN, Chair
ATTEST:
John S. Blacklock, Chief Administrative Officer
and Clerk of the Boar of Supervisors
By.
Page 148 May 11, 1999