HomeMy WebLinkAboutM051298MINUTES
May 1,2, 1998
R, J. BEELER,1 st District
,LANE DOLAN, 2nd District
MARY ANNE ROUX 3rd District
CURF JOSWSSEN, 4th District
FRED C. DAMS, 5th Dishkt
Call to order - Board of Supervisors room, County
Administration Building, 25 County Center Drive, Oroville.
Present: Supervisors Beeler, Dolan, Houx, Josiassen and Chair
Davis. John S. Blacklock, Chief Administrative Officer; Susan
Minasian, County Counsel, and Marion Reeves, Deputy Clerk of
the Board.
Pledge of allegiance to the Flag of the United States of
America.
Invocation - Pastor Fred Wymore, Christian Life Center
Foursquare Church, Chico.
98-146 Items removed from the Consent Agenda for Board consideration
and action.
1. Resolution establishing June 1-7, 1998, as Butte County
"Drug Court Week" - action requested - ADOPT RESOLUTION
AND AUTHORIZE THE CHAIR TO SIGN. (NO ACTION TAKEN)
2. Norman B. Brice - proposed is an agreement for the
provision of specialty mental health services to Butte
County Department of Behavioral Health (BCDBH} clients.
This agreement is within the requirements of Phase II
Medi-Cal Specialty Mental Health Consolidation. The
agreement has an effective date of April 1, 1998 and will
remain in effect until terminated by BCDBH or Norman B.
Brice. The Auditor-Controller has developed a billing
mechanism for payment of costs based an the delivery of
outpatient mental health client services under this
contract {Department budget} - action requested - APPROVE
AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract no.
X10918}
Page 144 May 12, 1998
Mav 12. 1998
98-146 3. Richard Cahoon, Ph.D. - proposed is an agreement for the
provision of specialty mental health services to Butte
County Department of Behavioral Health (BCDBH) clients.
This agreement is within the requirements of Phase II
Medi-Cal Specialty Rental Health Consolidation. The
agreement has an effective date of April 1, 1998 and will
remain in effect until terminated by BCDBH or Richard
Cahoon. The Auditor-Controller has developed a billing
mechanism for payment of costs based on the delivery of
outpatient mental health client services under this
contract (Department budget) - action requested - APPROVE
AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract no.
X10917)
4. Ladd McDonald - proposed is an agreement far the
provision of special mental health services to Butte
County Department of Behavior Health (BCDBH) clients.
This agreement is within the requirement of Phase II
Medi-Cal Specialty Mental Health Consolidation. The
agreement has an effective date of April 1, 1998 and will
remain in effect until terminated by BCDBH or Ladd
McDonald. The Auditor-Controller has developed a billing
mechanism for payment of costs based on the delivery of
outpatient mental health client services under this
contract (Department budget) - action requested - APPROVE
AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract no. ---
X10916)
5. State Department of Mental Health - the State Department
of Mental Health has transferred the management of care
of Medi-Cal beneficiaries from the State to the counties.
Phase II consists of the transfer of Medi-Cal funded
outpatient mental health services that are currently
being delivered in the private sector to county mental
health programs. Butte County Department of Behavioral
Health (BCDBH) wishes to enter into an agreement with the
State Department of Mental Health to provide for the
transfer. The agreement has an effective date of April
1, 1998 through June 30, 1998. Agreements have been
entered into with mental health specialty providers to
treat clients who qualify for Medi-Cal funded outpatient
mental health services. The Auditor-Controller has
developed a billing mechanism for payment of costs based
on the delivery of outpatient mental health client
services under this agreement (Department budget) -
action requested - APPROVE AGREEMENT AND AUTHORIZE THE
CHAIR TO SIGN. (Contract no. R40062)
Page 145 May 12, 1998
May 12, 1998
Consent A ends
98-147 1. Approval of minutes - action requested - APPROVE MINUTES
OF APRIL 28, 1998.
2. Budget transfers - action requested - APPROVE BUDGET
TRANSFERS B-287 (COUNTY SERVICE AREA ~#9-SIERRA DEL ORO
DRAINAGE [4/5 vote required]), B-284 (PERSONNEL/
APPROPRIATION FOR CONTINGENCIES [4/5 vote required] ),
B-291 (TREASURER), B-293 (DEVELOPMENT SERVICES [4/5 vote
required]),
3. Airport Land Use Commission - action requested -
APPOINT DR. NORM ROSENE, D.D.S. TO A TERM TO EXPIRE MAY
6, 2002.
4. Long Term Care Council - action requested - APPOINT LARRY
DUCLOS (REPRESENTING 55+ YEARS OF AGE).
5. Southgate Industrial Park - summary abandonment and right
of way exchange - Richard Ramsey and Rosemary Rausser
have applied for a lot line adjustment for construction
of a commercial building in the Southgate Industrial
Park. The County owned flowage and drainage easements,
and a public utility easement must be relocated in
accordance with approved plans, or abandoned in order to
allow construction - action requested - ADOPT RESOLUTION
98-73 EXCHANGING DRAINAGE, FLOWAGE AND PUBLIC UTILITY
EASEMENTS AND AUTHORIZE THE CHAIR TO SIGN, AND SUBJECT TO
APPROVAL Off' CONSTRUCTION 8Y THE DEPARTMENT OF PUBLIC
WORKS APPROVE AND AUTHORIZE THE CHAIR TO SIGN NECESSARY
QUIT CLAIM DEEDS AND CERTIFICATE OF ACCEPTANCE FOR QUIT
CLAIM DEED FROM RAMSEY CONSTRUCTION, INC., TO THE COUNTY
OF BUTTE.
6. Award of Bid No. 122-98 - Behavioral Health - bids have
been opened for the purchase of a 25 user facilities
Netware server configuration and a ten user Netware
server configuration with the low bidder meeting
specifications being Dell Computer Corporation of Round
Rock, Texas, in the amount of 523,375.12, including sales
tax - action requested - AWARD BID.
Page 196 May 12, 1998
May 12, 1998
98-147 7. Award of Bid No. 130-98 - General Services - bids have ---
been opened for the purchase of a mid-sized sedan for
the Central Hotor Pool with the low bidder being Folsota
Lake Ford of Folsom in the amount of $15,809.66,
including sales tax and Department of Motor Vehicle
fees - action requested - REJECT THE LOW HID OF FOLSOM
LAKE FORD FOR A FLEXIBLE FUEL ENGINE VEHICLE AND AWARD
BID TO NEW JACKSON FORD IN THE AMOUNT OF $16,104.62.
8. Fire Department - Berard authorization is requested for
the purchase of a 15,000 pound capacity, 2-post lift,
used to hoist vehicles for repair The estimated cost
is $6,500 (Department budget)- action requested - APPROVE
BUDGET TRANSFER B-285 AND AUTHORIZE PURCHASE OF FIXED
ASSET ITEM.
9. Fire Department - Board authorization is requested for
the purchase of a pick-up from the State contract (1-98-
23-20) in the amount of 518,963 plus tax and 1$
procurement fee (Department budget) - action requested -
APPROVE BUDGET TRANSFER B-286 AND PURCHASE OF FIXED ASSET
ITEM.
10. District Attorney - Board authorization is requested for
the acceptance and appropriation of $4,367 in
unanticipated augmentation grants funds (Office of
Criminal Justice Planning [OCJP] 1997/98 Statutory Rape ..-..
Vertical Prosecution Grant [SRVP]} and a transfer of
existing appropriations in the amount of $14,830
(Department budget). Board authorization is also
requested to approve the purchase of software necessary
to run the colposcopic video imaging equipment previously
purchased for the County (in an amount not to exceed
56,435/Department budget), and the purchase of a Computer
Voice Stress Analyzer (in an amount not to exceed
$8,395/Department budget)- action requested - APPROVE
BUDGET TRANSFER 5-295 {4/5 vote required}, ACCEPTING At3D
APPROPRIATING UNANTICIPATED REVENUE AND AUTHORIZE THE
PURCHASE OF FIXED ASSET ITEMS.
Page 147 May 12, 1998
Mav 12. 1998
98-147 11. Probation Department - as part of the Welfare Reform plan
for California. the State enacted the Comprehensive Youth
Services Act allocating Temporary Assistance for Needy
Families (TANF) funds to County probation departments and
the Butte County Probation Department has been allocated
$463,000 for fiscal year 1997-1998. The first phase of
the TANF plan was approved in December 1997. In order to
take advantage of the remaining allocation, the
department is requesting approval for additional juvenile
programs, increased staff, and the ane-time purchase of
vehicles, office equipment and field equipment that will
be needed to support TANF programs. The programs and
positions requested will be continued into the fiscal
year 1998-1999 TANF plan. This plan requests a total
expenditure of $211,097, which includes sufficient
funding for the new positions. The Probation Department
has presented and advised the Juvenile Justice
Coordinating Council of thin supplemental plan - action
requested:
A. APPROVE BUDGET TRANSFER B-282 ACCEPTING AND
APPROPRIATING UNANTICIPATED TANF REVENUES; APPROVE
THE PROBATION DEPARTMENT'S PLAN FOR EXPENDITURES
ANA AUTHORIZE THE CHIEF PROBATION OFFICER TO ENTER
INTO AGREEMENTS TO PROVIDE TANF PROBATION SERVICES;
AUTHORIZE PURCHASE OF FIXED ASSET ITEMS; AND
B. introduction of a salary ordinance amendment adding
one Probation Officer III/II/I position and one
Secretary II positions -action requested - WAIVE
READING OF THE ORDINANCE.
12. Unclaimed Property Tax Refunds - Revenue and
Taxation Code Sections 5096-5108 provide legal authority
and direction regarding property tax refunds. Section
2097 outlines the conditions under which refunds may be
made and Section 5102 specifically addresses unclaimed
amounts allowing for a transfer of these amounts to the
County General Fund - action requested - AUTHORIZE THE
UNCLAIMED AMOUNTS TRANSFERRED TO THE COUNTY GENERAL FCTND.
Page 148 May 12, 1998
A!~ 12L99B
..~
98-147 13. County Service Area (CSA) #31 (Biggs Swimming Pool)-
due to the prior failed special tax election, the CSA
does not have adequate funds to pay past and future pool
operating costs for fiscal year 1997-1998. In order to
maintain the pool and prepare it for a possible June
opening, Board approval is requested for: 1} a loan in
the amount of $4,200 from the CSA revolving loan fund; 2)
budget transfer in the amount of 51,288 ($1,000
Appropriation for Contingencies/$288 Interfund Service
Road E1ind): and 3) appropriation of unanticipated revenue
in the amount of $997 (Gate receipts} - action requested
- APPROVE BUDGET TRANSFER B~28B (4/5 vote required)
ACCEPTING AND APPROPRIATING UNANTICIPATED REVENUE AND
ADOPT RESOLUTION 98-74 APPROVING LOAN AND AUTHORIZE THE
CHAIR TO SIGN.
14. County Service Area (CSA) #34 {Gridley Swimming Pool) -
due to the prior failed special tax election, the CSA
does not have adequate funds to pay past and future
operating costs for fiscal year 1997-1998. In order to
maintain the pool and prepare it for a possible June
opening, Board approval is requested for: 1) approval of
contract amendment with Butte County Fair covering
reimbursement to Butte County Fair far all expenses
incurred during the operation, maintenance, and upkeep of
the Gridley Swimming Pool (Contract no. X10626); 2) a ~"'
loan in the amount of S16,200 from the CSA revolving loan
fund; and 3} budget transfer in the amount of S3,900
{$1,000/Appropriation for Contingencies, $200/Interfund
Services-Road Fund, S2,700/Previous Year Professional
Services) - action requested - APPROVE BUDGET TRANSFER B-
289 (9/5 vote required) ACCEPTING AND APPROPRIATING
UNANTICIPATED REVENUE; ADOPT RESOLUTION 98-75 APPROVING
LOAN; AND APPROVE AMENDED CONTRACT WITH BUTTE COUNTY FAIR
AND AUTHORIZE THE CHAIR TO SIGN.
15. Development Services - the Planning Commission has
requested a noise study be conducted in order to render
a decision on a Use Permit. The County has entered into
a two party contract with a consultant to perform the
agreed upon study and the applicant has remitted $3,600
to cover the cost of the study - action requested -
APPROVE BUDGET TRANSFER B-292 (4/5 vote required},
ACCEPTING AND APPROPRIATING $3,600 IN UNANTICIPATED
REVENUE.
Page 149 May 12, 1998
Mav 12, 1998
98-197 16. Probation Department - Board approval is requested for a
Budget transfer in the amount of $17,000 (Department
budget) to cover the anticipated year end deficit in the
Juvenile Hall food budget caused by an unusually high
population in the facility this fiscal year. In
addition, the National Lunch and Breakfast Program
provides reimbursement to the County for a portion of the
meals served in Juvenile Hall and 510,000 is anticipated
to help cover the costs of the meals - action requested -
APPROVE BUDGET TRANSFER B-290 {4/5 vote required)
TRANSE'ERRING $17,000 IN EXISTING APPROPRIATIONS AND
ACCEPTING AND APPROPRIATING $10,000 IN UNANTICIPATED
REVENUE.
17. Introduction of an Ordinance Amending Butte County Code
Section 2-166 Delegating Investment Authority to the
Butte County Treasurer/Tax Collector - an annual
ordinance is required delegating authority to
invest/reinvest funds on deposit with the County Treasury
to the Butte County Treasurer/Tax Collector. This
ordinance amends Butte County Code Section 2-166 and
covers the fiscal year 1998-1999 - action requested -
WAIVE READING OF ORDINANCE.
16. Adoption of a salary ordinance amendment -
Department of Behavioral Health - extending the term of
two Mental Health Clinician II/I positions and four
Mental Health Counselor III/II/I positions associated
with the Parent Education Network-Office of Child Abuse
Prevention (PEN-OCAP) grant through June 30, 1999. The
PEN-OCAP grant is funded through June 30, 2000 - action
requested - ADOPT ORDINANCE 3419 AND AUTHORIZE THE CHAIR
TO SIGN. (FROM 4-28-98)
19. Adoption of a salary ordinance amendment - Consolidated
Courts - in anticipation of the increased workload
arising from the proposed legislation that will fund a
sixth Superior Court Judgeship and related support staff
services in the County, the Court requests the following
positions be created: six Court Clerk III/II/I positions,
one Court Clerk I or Office Assistant II/I position, one
Accounting specialist position, one Administrative
Services Assistant position, and one Administrative
Analyst III/II/I position (State Trial Court funding).
These positions will remain unfilled until adequate
funding becomes available - action requested - ADOPT
ORDINANCE 3420 AND AUTHORIZE THE CHAIR TO SIGN. (FROM 9-
28-98)
Page 150 May 12, 1998
Mav 12. 1998
98-147 20. Adoption of a salary ordinance amendment - District
Attorney-Criminal Division - extending the term of one
District Attorney Investigator II/I; one Legal Typist
Clerk/Office Assistant III (Spousal Abuser Grant); and
one Investigative Assistant (Statutory Rape Vertical
Prosecution Grant) to June 30, 1999. Funding for the
positions associated with the grants will be continued
through the 1998-1999 fiscal year - action requested -
ADOPT ORDINANCE 3421 AND AUTHORIZE THE CHAIR TO SIGN.
(FROM 4-28-98)
21. Adoption of a salary ordinance amendment - Personnel - in
order to continue processing future recruitments and
written examination through the budget process, the
Interim Director-Personnel is requesting the extension of
a term position of one Personnel Analyst I (Department
budget} through December 31, 1998 - action requested -
ADOPT ORDINANCE 3422 AND AUTHORIZE THE CHAIR TO SIGN.
(FROM 4-28-96)
22. Adoption of a salary ordinance amendment - Probation -
extending the term of one full-time Probation Officer
III, and one half-time Office Assistant II (Serious
Habitual Offender Grant) through June 30, 1999. Funding
for this grant will cantinue through June 30, 2000 -
action requested - ADOPT ORDINANCE 3923 ANB AUTHORIZE THE -~
CHAIR TO SIGN. {FROM 4-28-96)
23. Adoption of a salary ordinance amendment - Public Health-
General Services - in order to meet the current workload
needs within the Public Health Department, the Director-
public Health is requesting the salary ordinance be
changed to reflect the following changes: delete one
(vacant) Nutrition Assistant II/I position and add one
Office Assistant III/II/I position (Department budget) -
action requested - ADOPT ORDINANCE 3429 AND AUTHORIZE THE
CHAIR TO SIGN. (FROM 4-26-98)
24. Introduction of a salary ordinance amendment - County
Counsel - the Personnel Department recently completed a
classification study and job analysis of an incumbent
Deputy County Counsel IV position. Due to an increase in
higher level duties and responsibilities being performed
by the incumbent, it is the recommendation of the
Personnel Department that the position be flexibly
staffed from Deputy County Counsel IV to Chief Deputy
County Counsel or Deputy County Counsel IV - action
requested - WAIVE READING OF ORDINANCE.
Page 151 May 12, 1998
Mav 12. 1998
98-197 25. Introduction of a salary ordinance amendment - General
Services - extending the limited term position of
Superintendent-Buildings and Grounds to June 30, 1999,
due to a long-term medical leave of absence (Department
budget) - action requested - WAIVE READING OF ORDINANCE.
26. Introduction of an Ordinance Amending Butte County Code
Section 20-6$, Regarding Extension of Time of Approved
Maps - Currently Butte County Code Section 20-68 allows
up to a three year extension of time to file a
subdivision or parcel map while the Government Code
allows up to five years. To boost the economic viability
of these maps, without impacting the public good, a
longer time period is recommended - action requested -
WAIVE READTNG OF ORDINANCE.
27. Resolution designating the Northern California Council
for the Arts as Butte County's Art Council for fiscal
year 2998-1999 - action requested - ADOPT RESOLUTION 98-
76 AND AUTHORIZE THE CHAIR TO SIGN.
28. Resolution Commending tht Sacramento-Sierra Council Camp
Fire Boys and Girls - for 75 years of service to the
eight counties of Placer, Sacramento, Yolo, Nevada, E1
Dorado, Yuba, Sutter and Butte - action requested - ADOPT
RESOLUTION 98-77 AND AUTHORIZE THE CHAIR TO SIGN.
29. Resolution Proclaiming May as Mental Health Month -
action requested - ADOPT RESOLUTION 98-78 AND AUTHORIZE
THE CHAIR TO SIGN.
30. Approval of plans and specifications for shoulder
widening construction on Midway from 300 feet south of
Oroville Chico Highway to 300 Feet south of Hegan Lane,
County project no. 26311-95-1 - action requested -
APPROVE PLANS AND SPECIFICATIONS; AUTHORIZE CHAIR AND
DIRECTOR OF PUBLIC WORKS TO SIGN PLANS; ADOPT WAGE SCALE;
AND AUTHORIZE PUBLIC WORKS TO ADVERTISE FOR BIDS. (FROM
4-28-98)
Page 152 May 12, 1998
Mav 12. 1998
98-147 31. Exchange Programs Agreement No. X98-5912(026), Fedeza-1
Apportionment Exchange Programs and State Hatch
Program - proposed is the execution of Exchange Program!
Agreement No. X98-5912(026), which provides for the
exchange of federal apportionment funds for a like amount
of nonfederal State Highway Account funds and the
disbursement of State matching funds for fiscal year
1997-1998. The exchange of funds enables the expenditure
of the funds on projects without the need to comply with
Federal and State guidelines ~ action requested -ADOPT
RESOLUTION 98-79 APPROVING AGREEMENT AND AUTHORIZE THE
CHAIR TO SIGN.
32. Crestwood Behavioral Health, Inc. - the Butte County
Department of Behavioral Health (BCDBH) currently
contracts with Crestwood Behavioral Health, Inc. to
provide intensive services as a supplement to the
services provided mental health clients in the
Residential Care Services aspect of their program. BCDBH
is requesting that the contract be amended down 576,476
(maximum amount amended to $52,734) due to lower client
need for this kind of specialty care. The term of the
contract remains July 1, 1997 through June 30, 1998 -
action requested - APPROVE CONTRACT AMENDMENT AND
AUTHORIZE THE CHAIR TO SIGN. (Contract no. X10631)
33. Crestwood Behavioral Health, Inc. - the Butte County
Department of Behavioral Health (BCDBH) currently
contracts with Crestwood Behavioral Health, Inc. to
provide residential services to BCDBH mental health
clients as an alternative to State hospitalization or a
higher level of care. BCDBH is requesting that the
contract be amended up an additional 5102,196.05 (maximum
amount amended to $500,276.25/Realignment) due to client
need. The term of the contract remains July 1, 1997
through June 30, 1998 - action requested - APPROVE
CONTRACT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN.
(Contract no. X10632)
34. QRP Partners - Butte County Department of Behavioral
Health (BCDBH) - proposed is a lease agreement for a
2,585 square foot facility located at 5910 Clark Road,
Suite W, Paradise, California, to relocate the Youth
Services Division. The term of the lease will be June 1,
1998 through June 30, 2003, in the total lease amount of
$113,352.13 (Department budget) - action requested -
APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN.
(Contract no. X10919)
Page 153 May 12, 1998
May 12, 1998
98-147 35. Enserch Energy Services, Inc. - Gas Sales Agreement -
proposed is a gas sales agreement for the purchase of
natural gas to County owned or rented buildings for the
period of March 1, 1998 through February 28, 1999 -
action requested - APPROVE AGREEMENT AND AUTHORIZE THE
CHAIR TO SIGN. (Contract no. X10926)
36. Managed Health Network, Inc. (MHN} - Employee Assistance
Program - proposed is an extension of the current
contract with MHN for the County Employee Assistance
Program (EAP) for County employees and their dependents.
The term of the contract is April 30, 1998 through June
30, 1998 which will allow the EAP contract period to
coincide with the County's fiscal year. The current
contract rate of $4.15 per employee will remain the
same - action requested - APPROVE CONTRACT EXTENSION.
37. Neal Road Landfill Operating Contract - Title 14,
Division 7 of the California Code of Regulations
specifies requirements for pollution liability insurance
for the operation of a landfill. The Neai Road Landfill
operating contract requires the landfill operator to meet
the regulatory requirements and the County to reimburse
their costs. Proposed is an amendment that would specify
the insurance requirements and reimbursement - action
requested - APPROVE AMENDMENT TO THE NEAL ROAD LANDFILL
OPERATING CONTRACT AND AUTHORIZE THE CHAIR TO SIGN.
(Contract no. X10927)
38. State of California, Alcohol Beverage Control "Every 15
Minutes Program" - the Butte County Sheriff's Department,
in cooperation with the Durham Unified School District,
proposes the acceptance of a one-time grant in the amount
of $3,000 (State of California, Alcohol Beverage Control
Agency [97C-E1515]) to assist the Durham Unified School
District in facilitating an "Every 15 Minutes Program".
The program, a cooperative effort involving schools, law
enforcement and the community, is designed to encourage
the students to think about their personal safety
concerning drinking and driving - action requested -
APPROVE BUDGET TRANSFER B-295 (4/5 vote required)
ACCEPTING AND APPROPRIATING UNANTICIPATED REVENUE;
APPROVE AGREEMENT WITH THE STATE OF CALIFORNIA,
DEPARTMENT OF ALCOHOL BEVERAGE CONTROL AND AUTHORIZE THE
CHAIR TO SIGN.
Page 154 May 12, 1998
Ma 12. 1998
98-197 39. Public Communications Services (PCS) - the Butte County
Sheriff's Department has been under contract with
Corrections Telecom Group, Inc. to provide inmate
telephones ~to the Butte County Correctional Facility.
This contract is due to expire on January 31, 1999 and
prior to giving consideration for a contract renewal, the
Sheriff's Department is requesting authorization to
review and audit the current communications contract.
Proposed is an agreement with PCS, who specializes in the
management of inmate telephone systems, to review and
audit the current vendor providing itvaate telephones to
the Butte County Correctional Facility. If the audit
reveals past commissions owed the County, PCS will
receive 30 percent of the revenue recovered. If no
additional revenues are due, there will be no cost for
the review and audit - action requested - APPROVE
AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN AGREEMENT AND
SPECIAL POWER OF ATTORNEY.
40. Griffin Grant writing & Consulting, Inc. - proposed is an
agreement for grant writing services for the County,
initially for the Sheriff's Department, in applying for
Community Oriented Policing Services Making Officer
Redeployment Effective (COPS MORE) funding. The
agreement provides far an initial S95,000 retainer fee
(Development Impact Fees) which is a two year fee that
can be applied to the 10 percent professional services on
successfully funded applications. If no applications are
successful during the period, the $95,000 will be
refunded - action requested - APFROVE BUDGET TRANSFER B-
283 (4/5 vote required) AND AGREEMENT AND AUTHORIZE THE
CHAIR TO SIGN SUBJECT TO APPROVAL OF THE AUDITOR-
CONTROLLER AND COUNTY COUNSEL. (Contract no. X10928)
Page 155 May 12, 1998
Mav 12. 1998
98-147 41. 1996 Annual Report on A8939 Activities - the
California Integrated Waate Management Board (CIWMB)
requires each jurisdiction to submit an Annual Report on
AB 939 activities, including recycling, source reduction
and composting. Butte County submitted its 1995 Annual
Report last fall as required by CIWMB, using base year
data that was the only available data at the time, but
data believed to be considerably incorrect. The CIWMB
has acknowledged base year reporting problems in many
jurisdictions and has allowed jurisdictions to change
their base year data or use a different year. The Public
Works Department wishes to change the base year from 1990
to 1995 in an effort to more accurately reflect the waste
generation numbers in Butte County - action requested -
AUTHORIZE THE PUBLIC WORKS DEPARTMENT TO SUBMIT ITS 1996
ANNUAL REPORT AND REQUEST THE CALIFORNIA INTEGRATED WASTE
MANAGEMENT BOARD APPROVE THE CHANGE OF THE BASE YEAR FROM
1990 TO 1995.
92. Certification of Ballot Proceeding results for various
County Service Areas (CSAs) held on April 28, 1998 - the
County Clerk-Registrar of Voters requests the Board of
Supervisors accept the certified results of the special
property owner ballot proceedings held on April 28, 1998,
for various CSAs - action requested - ACCEPT THE
CERTIFICATION OF VOTES CAST AT THE SPECIAL PROPERTY OWNER
BALLOT PROCEEDING APRIL 28, 1998.
43. Retroactive advancement within a salary range - at its
meeting of April 28, 1998, the Hoard authorized
appointment of a Telecommunications Technician to Step 3
of the salary range. The department's agenda item
submittal requested this action be retroactive to the
employee's date of hire on April 6, 1998. Due to an
oversight, the retroactivity was not included in the
requested action of the Board - action requested -
AUTHORIZE THE APPOINTMENT OF A TELECOMMUNICATIONS
TECHNICIAN TO STEP 3 OF THE SALARY RANGE RETROACTIVE TO
APRIL 6, 199$.
Page 156 May 12, 1998
May 12, 1998
98-147 MOTION: I MOVE TO APPROVE THE CONSENT AGENDA WITH ITEM 3.05
AMENDED AS FOLLOWS: "ADOPT RESOLUTION EXCHANGING
DRAINAGE, FLOWAGE AND PUBLIC UTILITY EASEMF.NT3 ANn
AUTHORIZE THE CHAIR 'IO SIGN, AND SUBJECT
APPROVAL OF CONSTRUCTION BY THE DEPARTMENT O
PUBLIC WORKS APPROVE ."; ITEM 3.06 AMENDED T
.~4/i-.V \ L, 111L1 LLB
OF A TAPE BACKUP
3.07 ACTION P
requested - REJ1
FOR A FLEXIBLE F
NEW JACKSON FORD
VOTE:
J . J 1 l1~.. ~ i V1\
"AUTHORIZE CHAIR
REMOVAL OF ITEMS
M S
l Y 2 Y 3 Y 4 Y 5
;NT_ALSO REQUESTS THE ADDITION
AS OPTIONAL EQUIPMENT.": ITEM
TED AMENDED TO, "action
[E LOW BID OF FOLSOM LAKE FORD
~GINE VEHICLE AND AWARD BID TO
I_N THE AMOUNT OF $16,104.62"; ITEM
1:EQUESTED AMENDED AS FOLLOWS:
AND DIRECTOR OF PUBLIC WORKS"; AND
3.30, 3.35, 3.36, 3.37, AND 3.38.
Y {Unanimously Carried)
Regular Agenda
98-148 Items removed from the Consent Agenda for Board Consideration
and action.
1. Norman B. Brice - proposed is an agreement for the
provision of specialty mental health services to Butte
County Department of Behavioral Health {BCDBH) clients.
This agreement is within the requirements of Fhase II
Medi-Cal Specialty Mental Health Consolidation. The
agreement has an effective date of April 1, 1998 and will
remain in effect until terminated by BCDBH or Norman 9.
Brice. The Auditor-Controller has developed a billing
mechanism for payment of costs based on the delivery of
outpatient mental health client services under this
contract {Department budget) ~ action requested - APPROVE
AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract no.
X10918)
Page 157 May 12, 1998
Mav 12. 1998
96-148 2. Richard Cahoon, Ph,D. -proposed is an agreement for the
provision of specialty mental health services to Butte
County Department oP Behavioral Health (BGDBH) clients.
This agreement is within the requirements of Phase II
Medi-Cal Specialty Mental Health Consolidation. The
agreement has an effective date of April 1, 1998 and will
remain in effect until terminated by BGDBH or Richard
Cahoon. The Auditor-Controller has developed a billing
mechanism for payment of costs based on the delivery of
outpatient mental health client services under this
contract (Department budget) - action requested - APPROVE
AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract no.
X10917)
3. Ladd McDonald - proposed is an agreement for the
provision of special mental health services to Butte
County Department of Behavioral Health (BGDBH) clients.
This agreement is within the requirement of Phase II
Medi-Cal Specialty Mental Health Consolidation. The
agreement has an effective date of April 1, 1998 and will
remain in effect until terminated by BGDBH or Ladd
McDonald. The Auditor-Controller has developed a billing
mechanism for payment of costs based on the delivery of
outpatient mental health client services under this
contract (Department budget) - action requested - APPROVE
AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract no.
X10916}
9. State Department of Mental Health - the State Department
of Mental Health has transferred the management of care
of Medi-Cal beneficiaries from the State to the counties.
Phase II consists of the transfer of Medi-Cal funded
outpatient mental health services that are currently
being delivered in the private sector to county mental
health programs. Butte County Department of Behavioral
Health (BGDBH) wishes to enter into an agreement with the
State Department of Mental Health to provide for the
transfer. The agreement has an effective date of April
1, 1998 through June 30, 1996. Agreements have been
entered into with mental health specialty providers to
treat clients who qualify for Medi-Cal funded outpatient
mental health services. The Auditor-Controller has
developed a billing mechanism for payment of costs based
on the delivery of outpatient mental health client
services under this agreement (Department budget) -
action requested - APPROVE AGREEMENT AND AUTHORIZE THE
CHAIR TO STGN. (Contract no. R90062)
Page 158 May 12, 1998
May 12, 1998
96-198 MOTION: I MOVE TO APPROVE AGREEMENTS IN ITEMS 3.35, 3.36,
3.37 AND 3.38 AND AUTHORIZE THE CHAIR TO SIGN.
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
98-149 Appointments - commissions and committees.
A. Appointments to committee vacancies. (NONE)
B. Butte County Housing Authority - action requested -
APPOINTMENT OE TWO TENANT MEMBERS. {1011)
MOTION: I MOVE TO REAPPOINT LENA WHITE AND APPOINT CHARLES
PROBST AS THE TWO TENANT MEMBERS TO THE BUTTE
COUNTY HOUSING AUTHORITY TO TERMS TO EXPIRE
APRIL 21, 2000.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y {Unanimously Carried)
98-150 Update on legislative and budget activities.
A. The Probation Department and the Sheriff have recognized
that there is a critical need regarding the operations of
. jails and juvenile facilities in Butte County and is
seeking the assistance of the State to address the
decline in the local financial assistance from the State .-.
Penalty Fund through the Corrections Training Fund -
action requested - THE BOARD OF SUPERVISORS SEND LETTERS
TO THE GOVERNOR AND THE NORTH STATE LEGISLATORS
RECOMMENDING SUPPORT FOR THE AUGMENTATION OF THE
CORRECTION TRAINING FUNDS AND AUTHORIZE THE CHAIR TO
SIGN. {1168}
MOTION: I MOVE THAT THE BOARD OF SUPERVISORS SEND LETTERS
TO THE GOVERNOR AND THE NORTH STATE LEGISLATORS
RECOMMENDING SUFPORT FOR THE AUGMENTATION OF THE
CORRECTION TRAINING FUNDS AND AUTHORIZE THE CHAIR
TO SIGN.
M S
VOTE: l Y 2 Y 3 Y 9 Y 5 Y (Unanimously Carried)
Page 1S9 May 12, 1998
Mav 12, 1998
98-151 JOHN S. BLACKLOCK, CHIEF ADMINISTRATIVE OFFICER, INFORMED THE
BOARD THAT THE STATE FORECASTED REVENUE REPORT, EINOWN AS THE
"MAY REVISE" IS DUE TO BE RELEASED IN THE NEXT FEW DAYS. THE
FIGURES, IN TERMS OF INCREASED REVENUE FOR THE STATE, RANGE
FROM SEVERAL HUNDRED MILLION, INTO THE BILLIONS. FbR THE FIRST
TIME IN SEVERAL YEARS THE LEGISLATURE IS FACED WITH THE UNIQUE
PROBLEM OF HAVING MORE MONEY THEN THEY PLANNED WHEN THE
PROPOSED BUDGET GAME OUT IN JANUARY. IT CAN BE EXPECTED THAT
DEBATES WILL ARISE OVER ISSUES IN A VARIETY OF AREAS, SUCH AS
VEHICLE LICENSE TAX AND EDUCATION. AS ADDITIONAL INFORMATION
BECOMES AVAILABLE ON THIS TOPIC, IT WILL BE DISTRIBUTED TO THE
BOARD. (1246)
96-152 Presentation of a Resolution of Commendation to Nina Lambert
tar her 14 years of public service on the Airport Land Use
Commission - action requested - ADOPT RESOLUTION AND
AUTHORIZE THE CHAIR TO SIGN. (1283)
MOTION; I MOVE TO ADOPT RESOLUTION 98-80 AND AUTHORIZE THE
CHAIR TO SIGN.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
98-153 Report to the Board - equipment replacement fund proposal -
action requested:
A. DIRECT THE ADMINISTRATIVE OFFICE AND THE AUDITOR-
CONTROLLER TO ESTABLISH AN EQUIPMENT REPLACEMENT FUND FOR
SHERIFF AND FIRE DEPARTMENT VEHICLES AS PROPOSED WITHIN
THE MEMORANDUM FROM THE CHIEF ADMINISTRATIVE OFFICER
DATED MAY 6, 1998; AND
B. MAINTAIN THE CURRENT LEVEL OF COLLECTION OF THE UTILITY
TAX UNTIL ITS EXPIRATION IN JUNE, 2000, AND DIRECT THE
PLACEMENT OF $370,004 IN FISCAL YEAR 1998-1999 AND AN
ADDITIONAL $1,110,000 IN FISCAL YEAR 1999-2000 INTO THIS
FUND. (1372}
BOARD DIRECTION TO ACCEPT REPORT FOR INFORMATION WITH THE
UNDERSTANDING THAT IT IS SUBJECT TO CHANGE, REQUIRES MORE
ANALYSIS, REQUIRES DISCUSSION BY MANAGEMENT COUNCIL, DISCUSSION
BY ADEQUATE AND STABLE FUNDING WORKING GROUP, AND DISCUSSION $Y
ANY OTHER ENTITY THAT MIGHT BE INTERESTED OR AFFECTED.
Page 160 May 12, 1998
May 12, 1998
RECESS: 10:20 A.M.
RECONVENE: 10:30 A.M.
Public Hearin s and Timed Items
98-154 Public hearing - George T. Kammerer - consideration of a
specific plan amendment {item on which a negative declaration
with mitigation measures regarding environmental impacts has
been recommended) to the North Chico Specific Plan to change
land use designation to allow for the consideration of
increased residential density and/or industrial land on
approxi®ately 230 acres of land located on the west side of
Hicks Lane, approximately ~ to 1 mile south of Keefer Road,
identified as APN 047-250-141, north Chico area - action
requested:
A. SUBJECT TO FINDING THAT THE REQUIREMENTS OF THE
CALIFORNIA ENVIRONMENTAL, QUALITY ACT (CEQA) HAVE BEEN
COMPLIED WITH, UPHOLD THE PLANNING COMMISSION
RECOMMENDATIONS AND DENY THE REQUEST TO AMEND THE NORTH
CHICO SPECIFIC PLAN; OR
B. MAKE A MOTION OF INTENT TO APPROVE THE PROJEGT AS
PROPOSED, DIRECTING APPLICANT TO ENTER INTO A DEVELOPMENT .~
AGREEMENT THAT: 1) STIPULATES WHAT DRAINAGE IMPROVEMENTS
OR EASEMENTS SHALL BE CONSTRUCTED OR GRANTED WITH TIMING
OF SAID IMPROVEMENTS BEING SPECIFIED, AND 2) INCLUDES
THE DEVELOPMENT CRITERIA FOR USING A PLANNED DEVELOPMENT
SUBDIVISION; AND DIRECT STAFF TO PREPARE FINDINGS
ADDRESSING THE ADOPTION OF ENVIRONMENTAL DOCUMENTS,
AIRPORT LAND USE COMMISSION (ALUC) CONSISTENCY, AND
PROJECT FINDINGS; OR
C. IF THE BOARD RECOMMENDS AN ALTERNATIVE THAT THE PLANNING
COMMISSION DID NOT CONSIDER, REFER THE PROJECT HACK TO
THE PLANNING COMMISSION FOR THEIR REVIEW (STAFF
MEMORANDUM DATED APRIL 29, 2998). (2500)
(HEARING OPENED AND CONTINUED OPEN UNTIL JUNE 23, 1998 AT
10:00 A.M.)
Page 161 May 12, 1996
Hav 12. 1998
9$-154 Public hearing - to decide a question pursuant to Butte County
Code Section 24-20(d) regardinq the interpretation or
application of provisions within Chapter 24 of the Butte County
Code, namely the definition of "exotic aninaals° in Butte County
Code Section 24-255.10(4), and which zoning districts allow the
keeping of exotic animals - action requested - STAFF RECOMMENDS
IN ITS AGENDA REPORT DATED APRIL 30, 1998 THAT THE BOARD CONCUR
THAT THE KEEPING OF EXOTIC ANIMALS IS PERMITTED ON PARCELS FIVE
ACRES OR LARGER WHEN THE ZONING ALLOWS THE KEEPING OF LIVESTOCK
SUBJECT TO OBTAINING AN EXOTIC ANIMAL PERMIT FROH THE
ENVIRONMENTAL HEALTH DIVISION AND APPROPRIATE STATE AND FEDERAL
PERMITS. THIS FINDING SHOULD INCLUDE THE TIMBER MOUNTAIN ZONES
AND THE SCENIC HIGHWAY AND UNCLASSIFIED ZONES, AS WELL.
(2780)(00**)
MOTION: MOVE TO FIND THAT THE RECORDS SHOW THAT THERE IS A
CHAIN OF EVENTS IN THE DEVELOPMENT OF THE ZONING
ORDINANCE AND INTERPRETATION THAT EXOTIC ANIMALS
ARE ALLOWED WITHIN A-5 THROUGH A-160, AR THROUGH
AR-10, FR-1 THROUGH E'R-160, MR, AND SR THROUGH SR-5
ZONES, AND CONCUR THAT THE KEEPING OF EXOTIC
ANIMALS IS PERMITTED ON PARCELS FIVE ACRES OR
LARGER WHEN THE ZONING ALLOWS THE KEEPING OF
LIVESTOCK SUBJECT TO OBTAINING AN EXOTIC ANIMAL
PERMIT FROM THE ENVIRONMENTAL HEALTH DIVISION AND
APPROPRIATE STATE AND FEDERAL PERMITS; DIRECT THAT
A ZONING AMENDMENT BE INITIATED TO REQUIRE A USE
PERMIT FOR ZOOS, OR USES OF A LIKE NATURE; AND
INITIATE ZONING AMENDMENT REGARDING "AGRICULTURAL
USES, INCLUDING THE KEEPING OF ANIMALS, SUBJECT TO
THE ANIMAL MAINTENANCE REQUIREMENTS OF SECTIONS 24-
255 THROUGH 24-255.15, INCLUSIVE, OF THIS CODE" IN
fiHE TIMBER MOUNTAIN, SCENIC HIGHWAY AND
UNCLASSIFIED ZONES.
M S
VOTE: 1 N 2 Y 3 N 4 Y 5 Y (MOTION CARRIED)
9$-155 Public Comment. (PRESENTATIONS WILL BE LIMITED TO FIVE
MINUTES. THE 80ARD OF SUPERVISORS IS PROHIBITED BY STATE LAW
E'ROM TAKING ACTION ON ANY ITEM PRESENTED IF IT IS NOT LISTED ON
THE AGENDA.) (NONE)
Page 162 May 12, 1998
Ma 12 1998
-~
98-156 Request to place on the agenda a closed session item, pursuant
to Government Code Section 54954.2(b)(2); conference with legal
counsel-actual litigation pursuant to Government Code Section
54957.9{a): Hauselt v. County of Butte. (2345)
MOTION: I MOVE, PURSUANT TO GOVERNMENT CODE SECTION
59954.2 (b){2), THAT THERE IS A NEED TO TAKE
IMMEDIATE ACTION AND THAT THE NEED FOR THE ACTION
CAME TO THE ATTENTION OF THE BOARD OF SUPERVISORS
SUBSEQUENT TO THE AGENDA BEI~1G POSTED AND TO ADD TO
THE CLOSED SESSION AGENDA A CONFERENCE KITH LEGAL
COUNTY-ACTI3AL LITIGATIOl3 PURSUANT TO GOVERNMFI3T
CODE SECTION 54957.9{a): HAUSELT V. COUNTY OF
BUTTE.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
98-157 CLOSED SESSION: The Board recessed at 11:57 a.m, to a closed
session conference with legal counsel for
actual litigation pursuant to Government Gode
Section 54957.9 {a): 1. Young v. Anderson;
2. Pena v. Contra Costa; 3. Hauselt v.
County of Butte; conference with labor
negotiator pursuant to coverruaent Code Section
54957.6: Agency negotiator: Bill Avery; and
Employee organizations: Butte County Employees ^"
Association, Butte County Management Employees
Association, Social Services Workers Unit, and
Butte County Law Enforcement Officers
Association {General Unit and Management-
Supervisory Unit); and public employee
performance evaluations pursuant to Goverrunent
Code Section 54957: 1. Agricultural
Commissioner; 2. Chief Administrative
Officer; 3. County Counsel; 4. Director-
Behavioral Health; 5. Director-Development
Services; 6. Director-Information Systems;
7. Director-Library; 8. Director-Public
Health; 9. Director-Public Works;
10. Director-Welfare; 11. Health Officer;
and 12. Public Guardian; and public employee
appointment pursuant to Government Code
Section 54957: 1. Director-Personnel.
Page 163 May 12, 1998
Mav 12. 1998
98-157 RECONVENE: The Board reconvened at 2:50 p.m, following a
closed session conference with legal counsel for
actual litigation pursuant to Government Code
Section 54957.9(x): 1. Young v. Anderson; 2. Pena
v. Contra Costa; 3. Hauselt v. County of Butte;
conference with labor negotiator pursuant to
Government Code Section 54957.6: Agency
negotiator: Bill Avery; and Employee organizations:
Butte County Employees Association, Butte County
Management Employees Association, Social Services
Workers unit, and Butte County Law Enforcement
Officers Association (General Unit and Management-
Supervisory Unit); and public employee performance
evaluations pursuant to Government Code Section
59957: 1. Agricultural Commissioner; 2. Chief
Administrative Officer; 3. County Counsel;
4. Director-Behavioral Health: 5. Director-
Development Services; 6. Director-Information
Systems; 7. Director-Library; 8. Director-
Public Health; 9. Director-Public Works;
10. Director-welfare; 11. Health Officer; and
12. Public Guardian; and public employee
appointment pursuant to Government Code Section
59957: 1. Director-Personnel.
Page 164 May 12, 1998
Mav 12, 1998
98-158 CLOSED SESSION Pena v. Contra Costa - the Board of
ANNOUNCEMENT: Supervisors was informed today that on Hay 5,
1998, both the Concord Gity Council and the
Contra Costa County Board of Supervisors
decided not to appeal the Federal Court ruling
in favor of the Federal Government's plan to
ship nuclear waste from Concord to Idaho, via
the Feather River Canyon. The Board
authorized the Butte County Counsel's Office
to file a Friend of the Court brief in that
lawsuit on February 24, 1998. The brief was
filed on March 6, 1998, and alleged that the
Feather River Canyon rail route is unsafe and
that the Department of Energy`s selection of
the route had been made without sufficient
review of the environmental hazards to comply
with the National Environmental Policy Act.
Because both the City of Concord and the
County of Contra Costa have decided not to
appeal, further participation by Butte County
in the suit is now impossible. The Board
remains concerned about the safety of the
proposed shipments, however, the Butte County
Sheriff's Office and the Civil Disaster
Director Mike Madden will coordinate with the
Department of Energy when shipments pass ~--
through Butte County to ensure that any
possible risks to public safety or health are
reduced to the greatest extent possible.
98-159 Annual Elected Department Head Presentation - District
Attorney - to discuss department issues and goals and to voice
mutual concerns - action requested - ACCEPT FOR INFORMATION.
(DUE TO EQUIPMENT FAILURE THE DISTRICT ATTORNEY DID NOT DELIVER
HIS PRESENTATION TO THE BOARD.)
Page 165 May 12, 1998
May 12, 1998
Communications
98-160 Communications received and referred. (COPIES OF ALL
COP4iUNICATIONS ARE AVAILABLE IN THE CLERK OF THE BOARD OFFICE.)
A. Ed McLaughlin, General Manager, Chico Velo Club, writes
to inform the Board that several funding opportunities
are available to assist the County with creating a
Bicycle Master Plan and encourages the Board to adopt a
plan. (REFER TO DIRECTOR-PUBLIC WORKS)
B. Senator K. Maurice Johannessen, Fourth District, writes
to inform the Board that a Senate Select Committee on
Ca1Fed has been appointed and addresses the
Subcommittee's purpose. The Senator also requests a copy
of comments Butte County submitted to CalFed. (REFER TO
CHIEF ADMINISTRATIVE OFFICER)
C. Chief Rusty Ohlhausen, E1 Medio Fire Protection District,
writes to inform the Board that the County retains title
to all alley ways within the District and the weed
accumulation in the alley ways presents a serious fire
hazard. As such, the County is sent a Notice of
Violation for violating "UFC 11.201.a, Accumulation of
Combustible and Flammable Material Prohibited." The
County has 14 days to "Remove all standing grass and
debris from alley ways", or further action will be taken.
(REFER TO CHIEF ADMINISTRATIVE OFFICER, COUNTY COUNSEL,
DIRECTOR-PUBLIC WORKS)
ADJOURNMENT: There being no further business before the
Board, the meeting was adjourned at 2:52 p.m.
to reconvene on Tuesday, May 26, 1998, at
9:00 a.m. -~
Fred C. Davis, Chair
ATTEST:
John S. Blacklock, Chief Administrative Officer
and Clerk of the Boar Supervisors
By : ~~7 _Q~C1'`~~
Page 166 May 12, 1998