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BOARD OF SUPERVISORS
R.J. BEELER, 1st District
JANE DOLAN, 2nd District
MARY ANNE HOUX, 3rd District
CURT JOSIASSEN, 4th District
FRED C. DAVIS, 5th District
Mav 16, 2000
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; Bruce Alpert,
Chief Deputy County Counsel; and Marion Reeves, Assistant Clerk
of the Board.
Pledge of Allegiance to the Flag of the United States of
America.
Invocation - Pastor Ken Patton, Palermo Baptist Church, Palermo.
00-155 Items removed from the Consent Agenda for Board consideration
and action. (99)
1. Center for Natural Lands Management Draft Permit
No. 1693GM - Board approval is requested by the Butte
County Fish and Game Commission, the Administrative
Office, County Counsel, and the Public works Department
for a letter to the Reclamation Board asking for revisions
to, or the elimination of, certain conditions imposed on
the Center for Natural Lands Management Draft Permit
No. 1693GM (Butte Creek upstream from the Midway Road
crossing) - action requested - APPROVE LETTER AND
AUTHORIZE THE CHAIR TO SIGN.
THIS ITEM REMOVED FROM THE AGENDA WITHOUT BOARD CONSIDERATION OR
ACTION.
Consent Acrenda
00-156
1. Approval of Minutes - action requested - APPROVE MINUTES
OF APRIL 3, 2000; APRIL 11, 2000; AND APRIL 14, 2000.
2. Budget Transfers - action requested - APPROVE BUDGET
TRANSFERS B-339 (FIRE/BUILDINGS AND GROUNDS) AND B-341
(COUNTY CLERK-RECORDER [4/5 vote required]).
Page 138 Mav 16, 2000
Mav 16, 2000
00-156 3. County Library Donations - in accordance with Government
Code Section 25355, donations of $1,927.50 from Chico
Friends of the Library, and $100 from George and Caroline
Langen of Chico, have been received for the Butte County
Trust Fund for the purchase of books - action requested -
ACCEPT DONATIONS AND AUTHORIZE LETTERS OF APPRECIATION.
4. County Service Area No. 82 (CSA #82) - Stirling City
Sewer - Public Hearing to Consider Service Charges - Board
approval is requested by the Public works Department to
set a public hearing for July 11, 2000, at 10:30 a.m. for
the commencement of procedures to impose an increased
annual service charge for CSA #82 - action requested -
ADOPT RESOLUTION 00-56 (A) SETTING A PUBLIC HEARING AND
AUTHORIZE THE CHAIR TO SIGN.
5. File System Equipment - Board approval is requested by the
Butte County Department of Behavioral Health for the
purchase of file equipment which will expand the current
file system utilized in the Oroville outpatient location.
The new unit is needed to improve the maintenance and
storage of medical records. The cost of the unit is
$3,290, and Board approval is requested for a budget
transfer of department funds to allow for the purchase of
the equipment - action requested - APPROVE BUDGET TRANSFER
B-336; AND APPROVE PURCHASE OF A FIXED ASSET ITEM.
6. Computer Equipment - Board approval is requested by the
Public Health Department for the purchase of a color
printer ($6,000), computer projector ($7,000), and data
communications router ($4,200). The State has approved
funding in the amount of $17,200 to cover the cost of the
equipment, and Board approval is requested for a budget
transfer to accept and appropriate those funds - action
requested - APPROVE BUDGET TRANSFER B-342 (4 /5 vote
required) ACCEPTING AND APPROPRIATING UNANTICIPATED STATE
REVENUE; AND APPROVE PURCHASE OF FIXED ASSET ITEMS.
7. Adoption of an Ordinance Delegating Investment Authority
to the Treasurer-Tax Collector - Board approval is
requested by the Treasurer-Tax Collector for an annual
ordinance amending Butte County Code Section 2-166,
delegating investment authority to the Butte County
Treasurer-Tax Collector for the fiscal year 2000-2001
pursuant to Government Code Section 53607 - action
requested - ADOPT ORDINANCE 3602 AND AUTHORIZE THE CHAIR
TO SIGN. (FROM 4-25-00 [3.10])
8. Monthly Investment Report - the Treasurer-Tax Collector
submits the April 28, 2000, report in accordance with the
Butte County Statement of Investment Policy dated
July 1, 1999 - action requested - ACCEPT FOR INFORMATION.
Page 139 Mav 16, 2000
Mav 16, 2000
00-156 9. Adoption of a Salary Ordinance Amendment - the Probation
Department has requested the Personnel Department prepare
a salary ordinance amendment which adds one position of
Administrative Analyst III/II/I. Funding for this position
is available in the department's current year budget.
Future funding for this position will be provided by Title
IV-E funds and Temporary Assistance for Needy Families
incentive funds - action requested - ADOPT ORDINANCE 3603
AND AUTHORIZE THE CHAIR TO SIGN. (FROM 4-25-00 [3.16])
10. Introduction of a Salary Ordinance Amendment - Board
approval is requested by the Personnel Department for a
salary ordinance amendment which includes changes that are
the result of a Memorandum of Understanding with the Butte
County Management Employees Association. The amendment
addresses only those changes pertaining to adjustments
effective October 2, 1999. Salary adjustments which will
become effective July 2000 will be included in a subsequent
ordinance - action requested - WAIVE READING OF THE
ORDINANCE.
11. Introduction of a Salary Ordinance Amendment - Board
approval is requested by the Personnel Department for a
salary ordinance amendment which includes adjustments for
appointed and elected department heads, effective
July 8, 2000, in conformance with the compensation program
for appointed and elected department heads - action
requested - WAIVE READING OF THE ORDINANCE; AND APPROVE
EMPLOYMENT CONTRACT AMENDMENTS FOR APPOINTED DEPARTMENT
HEADS WHICH REFLECT SALARY ADJUSTMENTS AND AUTHORIZE THE
CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL.
12. Resolution Decreasing the Number of Trustees on the Pine
Creek Cemetery District Board of Trustees - Board approval
is requested to reduce the number of trustees for the Pine
Creek Cemetery District from five to three pursuant to the
District's action of August 18, 1996, and Health and Safety
Code Section 8950 - action requested - ADOPT RESOLUTION
00-57 AND AUTHORIZE THE CHAIR TO SIGN.
13. Resolution Recognizing Foster Grandparent Program - Board
approval is requested by the Probation Department for a
resolution which recognizes the senior citizens who act as
mentors, tutors, and care givers to young people in the
Butte County Juvenile Hall - action requested - ADOPT
RESOLUTION 00-58 AND AUTHORIZE THE CHAIR TO SIGN.
14. Resolution Proclaiming May 2000 as Mental Health Month -
Board approval is requested by the Butte County Department
of Behavioral Health for a resolution which proclaims
May 2000 as Mental Health Month - action requested - ADOPT
RESOLUTION 00-59 AND AUTHORIZE THE CHAIR TO SIGN.
Page 140 Mav 16, 2000
Mav 16, 2000
00-156 15. Resolution Approving Adoption of a Canine - Board approval
is requested by the Sheriff's Office for a resolution which
would approve the adoption of a police service dog named
"Lobo". Lobo will become a member of the Sheriff's Canine
Unit - action requested - ADOPT RESOLUTION 00-60 AND
AUTHORIZE THE CHAIR TO SIGN.
16. Helltown Road Right-of-way Acquisition for Fire Turnout -
the Butte County Fire Department and local property owners
have requested the Public works Department construct a
turnout for traffic safety and fire equipment access on
Helltown Road, which is located off Centerville Road
approximately 0.66 miles northeast of Butte Creek and
Centerville Road Bridge. The right-of-way was granted in
consideration of the construction of the turnout and a
driveway approach for the turnout - action requested -
APPROVE EXCHANGE AGREEMENT, GRANT DEED, AND CERTIFICATE OF
ACCEPTANCE AND AUTHORIZE THE CHAIR TO SIGN.
17. Resolution Approving Various Roadways within Butte County
as Designated Truck Routes - Board approval is requested by
the Public works Department for a resolution which will
approve the designation of the following roadways as
terminal truck routes in response to a properly submitted
request: Richvale Highway from State Highway 99 to the
intersection of Midway and Richvale Highway; Midway from
State Highway 162 to Nelson Road; Nelson Road from Midway
to Aguas Frias Road, and into the Far west Rice Inc.
facility; Aguas Frias Road from Nelson Road to State
Highway 162; and Fruitvale Road from Midway to Church
Street, and into the Lundburg Family Farms facility -
action requested - ADOPT RESOLUTION 00-61 AND AUTHORIZE THE
CHAIR TO SIGN.
18. Resolution Declaring One-way Stop Intersection for Paseo
Companeros at Fair Street - Board approval is requested by
the Public works Department for a resolution which would
declare a one-way stop intersection at Paseo Companeros and
Fair Street - action requested - ADOPT RESOLUTION 00-62 AND
AUTHORIZE THE CHAIR TO SIGN.
19. Right Road Recovery Program, Inc. - Board approval is
requested by the Butte County Department of Behavioral
Health for an amendment to the agreement with Right Road
Recovery Program, Inc., for the provision of adult
residential treatment services for drug and/or alcohol
abuse. The amendment increases the maximum amount payable
by $30,000 (department budget) due to a higher utilization
of services. The term remains July 1, 1999, through
June 30, 2000 - action requested - APPROVE AGREEMENT
AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No.
X10699)
Page 141 Mav 16, 2000
Mav 16, 2000
00-156 20. Select Janitorial Services - Board approval is requested by
the Butte County Department of Behavioral Health (BCDBH)
for an agreement with Select Janitorial Services for the
provision of janitorial services to the BCDBH Chico office
sites. The term of the agreement is April 15, 2000,
through June 30, 2001, with a maximum amount payable for
fiscal year 1999-2000 of $5,325, and a maximum amount
payable for fiscal year 2000-2001 of $25,560 (department
budget) - action requested - APPROVE AGREEMENT AND
AUTHORIZE THE CHAIR TO SIGN. (Contract No. X11588)
21. MCPP Healthcare Consulting - Behavioral Health Master
Plan - Board approval is requested by the Administrative
Office and the Butte County Department of Behavioral Health
for an agreement with MCPP Healthcare Consulting for the
preparation of a master business plan for the Butte County
Department of Behavioral Health that will be used as a
framework and guide for decisions regarding the services
and finances of the department over the next five years.
The term of the agreement is through June 30, 2001, with a
maximum amount payable of $70,000 (department budget).
Board approval is also requested on a budget transfer of
$50,770 from the Realignment Trust Fund, and $25,000 from
various Behavioral Health Department funds, to provide for
payment and support of the agreement, and a budget transfer
which will appropriate the $75,770 as detailed in the
agenda report - action requested - APPROVE BUDGET TRANSFERS
B-337 AND B-338 (4/5 vote required) ACCEPTING AND
APPROPRIATING UNANTICIPATED REVENUE, AND TRANSFERRING AND
APPROPRIATING THOSE FUNDS; AND APPROVE AGREEMENT AND
AUTHORIZE THE CHAIR TO SIGN. (Contract No. X11628)
22. Randy M. Chafin - Amendment - Board approval is requested
by the Development Services Department for an amendment to
the agreement with Randy M. Chafin for the provision of
planning services for major planning projects in the
County. The amendment changes the notification address for
correspondence with the contractor. All other terms and
conditions remain the same - action requested - APPROVE
AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN.
(Contract No. X10872 A)
Page 142 Mav 16, 2000
Mav 16, 2000
00-156 23. California Department of Forestry and Fire Protection -
Cooperative Agreement - Board approval is requested by the
Fire Department for a cooperative agreement with the
California Department of Forestry and Fire Protection for
the provision of fire protection services. The term of the
agreement is July 1, 1999, through June 30, 2000. Board
approval is also requested for a budget transfer in the
amount of $277,757 from the Appropriations for Contingency
Fund to provide for increased costs associated with the
cooperative agreement, including State collective
bargaining agreement costs, and costs associated with the
Chico Automatic Aid Agreement - action requested - APPROVE
BUDGET TRANSFER B-340 (4 /5 vote required); ADOPT RESOLUTION
00-63 APPROVING THE COOPERATIVE AGREEMENT AND AUTHORIZE THE
CHAIR TO SIGN RESOLUTION AND AGREEMENT. (Contract No.
X11590)
24. Barbara Weibel - Lease Agreement - Board approval is
requested by the Fire Department for a renewal lease
agreement with Barbara Weibel for the property located at
9418 A Midway, Durham. The property is utilized as
Battalion 3 offices. The term of the agreement is
July 1, 2000, through June 30, 2002, with a lease amount of
$300 per month (department budget) - action requested -
APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN.
(Contract No. X10102)
25. State of California Business, Transportation and Housing
Agency - Office of Traffic Safety - Board approval is
requested by the Fire Department for a grant agreement with
the State of California Business, Transportation and
Housing Agency - Office of Traffic Safety for funds to
purchase ten Power Hawk Falcon Rescue Tools. The term of
the agreement is April 1, 2000, through March 31, 2001,
with a maximum amount payable to the County of $91,500 -
action requested - APPROVE GRANT AGREEMENT; AUTHORIZE THE
FIRE DEPARTMENT TO ACT AS THE OFFICIAL APPLICANT FOR THE
COUNTY FOR THE TERM OF THE GRANT; AND AUTHORIZE THE FIRE
DEPARTMENT TO SIGN GRANT AGREEMENT. (Contract No. R40224)
26. Air Quality Management District - Bookmobile Grant - Board
approval is requested by the Director of Libraries to apply
to the Air Quality Management District for grant funds in
the amount of $5,000 to help fund the operation of the
Butte County Bookmobile - action requested - APPROVE
SUBMISSION OF THE GRANT APPLICATION AND AUTHORIZE THE
DIRECTOR OF LIBRARIES TO SIGN.
Page 143 Mav 16, 2000
Mav 16, 2000
00-156 27. Air Quality Management District - Carl Moyer Heavy-Duty Low
Emissions Incentive Program Grant - Board approval is
requested by the Director of Libraries to apply to the Air
Quality Management District for a grant which will fund the
replacement of the older diesel engine in the Butte County
Bookmobile with a new low emissions engine - action
requested - APPROVE SUBMISSION OF THE GRANT APPLICATION AND
AUTHORIZE THE DIRECTOR OF LIBRARIES TO SIGN.
28. Butte County Management Employees Association (Management,
Confidential and Supervisory Unit) - Memorandum of
Understanding - Board approval is requested by the
Personnel Department for a Memorandum of Understanding with
the Butte County Management Employees Association
(Management, Confidential and Supervisory Unit) which
covers the period of October 1, 1999, through
September 30, 2001 - action requested - RATIFY MEMORANDUM
OF UNDERSTANDING AND AUTHORIZE THE CHAIR TO SIGN.
29. Office of Criminal Justice Planning - Victim witness
Program Grant - Board approval is requested by the
Probation Department to apply to the Office of Criminal
Justice Planning for grant funds in the amount of $192,478
(1000 State) to continue the Victim witness Program for
fiscal year 2000-2001. Funds are utilized to assist
citizens who are victims of violent crime - action
requested - ADOPT RESOLUTION 00-64 APPROVING GRANT
APPLICATION AND AUTHORIZE THE CHAIR TO SIGN; AND AUTHORIZE
THE CHIEF PROBATION OFFICER TO SIGN GRANT AWARD.
30. California Family Health Council, Inc. - Board approval is
requested by the Public Health Department for a revenue
agreement with California Family Health Council, Inc., for
the provision of $50,000 in funding which will be utilized
by the Public Health Department for family planning
services. The term of the agreement is January 1, 2000,
through December 31, 2000 - action requested - APPROVE
AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No.
R40222)
Page 144 Mav 16, 2000
Mav 16, 2000
00-156 31. Physical and Occupational Therapy Services - Amendments -
Board approval is requested by the Public Health Department
for amendments to the agreements with various physical and
occupational therapists for the provision of services to
eligible California Children Services program members. The
amendments increase the maximum amounts payable for each
contract as a result of increased services needed by
program participants as follows: Terri Johnson (Contract
No. X11277) increase $9,960; Diana willow Dejesus (Contract
No. X11278) increase $6,224; and Teresa wood-Hansen
(Contract No. X11276) increase $10,224 (25o realignment
funds, 25o department funds, 50o State funds). All other
terms and conditions remain the same - action requested -
APPROVE AGREEMENT AMENDMENTS AND AUTHORIZE THE CHAIR TO
SIGN.
32. Office of Statewide Health Planning and Development - Board
approval is requested by the Public Health Department for
a revenue agreement with the Office of Statewide Health
Planning and Development in the amount of $25,000 (1000
State) for funds to extend Hepatitis A, B, and C
screenings, immunizations, education, and referral services
to high-risk clients. The term of the agreement is July 1,
1999, through December 31, 2000 - action requested -
APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN.
(Contract No. R40218)
33. Beverage Container Recycling and Litter Reduction Act
Funds - Board approval is requested by the Public works
Department to apply to the California Department of
Conservation-Division of Recycling for grant funds in the
amount of $7,673 for the Town of Paradise, and $29,873 for
the unincorporated area of the County, to expand and
enhance beverage container recycling and litter reduction
programs. The Public works Department is proposing to act
as the lead agency for implementation of this grant program
on behalf of the Town of Paradise and the unincorporated
area of the County in accordance with the Butte Regional
waste Management Regional Agency Agreement - action
requested - ADOPT RESOLUTION 00-65 APPROVING SUBMITTAL OF
THE GRANT; AUTHORIZE THE COUNTY TO ACT AS LEAD AGENCY FOR
PROGRAM IMPLEMENTATION; AND AUTHORIZE THE DIRECTOR OF
PUBLIC WORKS, OR HIS DESIGNEE, TO EXECUTE DOCUMENTS
NECESSARY TO IMPLEMENT AND ADMINISTER THE GRANT.
Page 145 Mav 16, 2000
Mav 16, 2000
00-156 34. ATC/Vancom, Inc. - Butte County Transit - Amendment - Board
approval is requested by the Public works Department for an
amendment to the agreement with ATC/Vancom, Inc., for the
provision of management and operation services for Butte
County Transit. The amendment increases the vehicle service
hour rate to $41.28. This increase shall be effective for
the term of July 1, 2000, through June 30, 2001 - action
requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE
CHAIR TO SIGN. (Contract No. X10940)
35. ATC/Vancom, Inc. - Oroville Area Transit - Amendment -
Board approval is requested by the Public works Department
for an amendment to the agreement with ATC/Vancom, Inc.,
for the provision of management and operation services for
Oroville Area Transit. The amendment increases the vehicle
service hour rate to $36.26. This increase shall be
effective for the term of July 1, 2000, through
June 30, 2001 - action requested - APPROVE AGREEMENT
AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No.
X10939)
36. ATC/Vancom, Inc. - Oroville Urban Area Transit for the
Mobility Impaired (Oroville Express) - Amendment - Board
approval is requested by the Public works Department for an
amendment to the agreement with ATC/Vancom, Inc., for the
provision of management and operation services for the
Oroville Express. The amendment increases the vehicle
service hour rate to $29.30. This increase shall be
effective for the term of July 1, 2000, through
June 30, 2001 - action requested - APPROVE AGREEMENT
AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No.
X10938)
37. Butte County Association of Governments - Congestion
Mitigation and Air Quality Grant - Board approval is
requested by the Public works Department to apply to the
Butte County Association of Governments for grant funding
which will be utilized to install traffic signals at the
intersections of west East Avenue and Guynn Avenue, and on
the Esplanade at Nord Highway - action requested - APPROVE
SUBMISSION OF GRANT APPLICATION AND AUTHORIZE THE DIRECTOR
OF PUBLIC WORKS TO SIGN.
Page 146 Mav 16, 2000
Mav 16, 2000
00-156 38. Partial Closure of Thermalito Afterbay -
May 19 - May 21, 2000 - Board approval is requested by the
Sheriff's Office for a resolution which will allow partial
closure of the Thermalito Afterbay from 6:00 a.m. on
May 19, 2000, through 1:00 p.m. on May 21, 2000, in support
of the 20t'' Annual Starduster Open House and Experimental
Aircraft Association Fly-in sponsored by the Experimental
Aircraft Association, Inc. - action requested - ADOPT
RESOLUTION 00-66 AND AUTHORIZE THE CHAIR TO SIGN.
39. Butte Basin water Users Association - 2000 Membership
Dues - Board approval is requested by the Department of
water and Resource Conservation to accept the
recommendation of the Butte County water Commission to
renew the County's membership in the Butte Basin water
Users Association and to approve payment of the 2000
membership dues in the amount of $39,321.20 (department
budget). The Department of water and Resource Conservation
believes that the membership provides an exchange of
information regarding water issues that is valuable in the
implementation of the groundwater protection ordinance and
other water related issues - action requested - APPROVE
RENEWAL MEMBERSHIP IN THE BUTTE BASIN WATER USERS
ASSOCIATION; AND ADOPT RESOLUTION 00-67 APPROVING PAYMENT
OF MEMBERSHIP DUES AND AUTHORIZE THE CHAIR TO SIGN.
40. CALFED - Letter to Request Extension of Time to Review
Program Documents - Board approval is requested by the
Department of water and Resource Conservation to accept the
recommendation of the Butte County water Commission to send
a letter to CALFED requesting an extension of the 30-day
review period for comments on final program documents for
the eco-system program - action requested - ACCEPT THE
RECOMMENDATION OF THE WATER COMMISSION AND APPROVE A LETTER
TO CALFED REQUESTING AN EXTENSION OF TIME TO REVIEW AND
COMMENT ON FINAL PROGRAM DOCUMENTS AND AUTHORIZE THE CHAIR
TO SIGN.
41. waiver of Fees - pursuant to Butte County Code Section
3-40.5, Board approval is requested by the Fire Department
to waive all permit and inspection fees associated with the
construction of an apparatus room which will house a water
tender at the Golden Feather Volunteer Fire Department
(Company 37) - action requested - FIND THAT THE WAIVER OF
FEES IS IN THE PUBLIC INTEREST AND WAIVE ALL FEES
ASSOCIATED WITH THE CONSTRUCTION PROJECT.
Page 147 Mav 16, 2000
Mav 16, 2000
00-156 42. waiver of Fees - pursuant to Butte County Code Section
3-40.5, Board approval is requested by Chair Dolan, on
behalf of the Chico Eastside Little League, a non-profit
organization, for a waiver of all fees associated with the
construction of a replacement restroom facility at the
league's facilities located west of Highway 99 off Entler
Avenue - action requested - FIND THAT THE WAIVER OF FEES IS
IN THE PUBLIC INTEREST AND WAIVE ALL FEES ASSOCIATED WITH
THE CONSTRUCTION PROJECT; AND DIRECT STAFF TO REVIEW AND
RECOMMEND AN AMENDMENT TO THE BUTTE COUNTY CODE WHICH WILL
PROVIDE A BLANKET PLANNING AND BUILDING FEE WAIVER FOR ALL
PUBLIC AGENCIES AND NON-PROFIT YOUTH RECREATION
ORGANIZATIONS.
43. Rock Creek-Keefer Slough Feasibility Study - Amendment to
Local Feasibility Cost-Share Agreement - Board approval is
requested by Supervisor Houx for an amendment to the local
feasibility cost share agreement with the State Reclamation
Board for the provision of a feasibility study for the Rock
Creek-Keefer Slough watershed to be performed by the United
States Army Corps of Engineers. The amendment provides for
the allocation of $300,000 in local share funds - action
requested - APPROVE AMENDMENT TO AGREEMENT SUBJECT TO
APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER AND
AUTHORIZE SUPERVISOR HOUX TO SIGN. (Contract No. X11245)
(155)
MOTION: I MOVE TO APPROVE THE CONSENT AGENDA, INCLUDING THOSE ITEMS
LISTED ON THE SUPPLEMENTAL AGENDA, WITH THE FOLLOWING AMENDMENTS:
THE DATE IN ITEM 3.04 AMENDED TO READ, "JULY 11, 2000, AT
10:30 A.M...."; ITEM 3.23 REVISED TO READ, "BOARD APPROVAL IS
ALSO REQUESTED FOR A BUDGET TRANSFER IN THE AMOUNT OF $277,757
FROM THE APPROPRIATIONS FOR CONTINGENCY FUND TO PROVIDE FOR
INCREASED COSTS ASSOCIATED WITH THE COOPERATIVE AGREEMENT
INCLUDING STATE COLLECTIVE BARGAINING AGREEMENT COSTS, AND COSTS
ASSOCIATED WITH THE CHICO AUTOMATIC AID AGREEMENT - ACTION
REQUESTED ...."; AND THE REMOVAL OF ITEM 3.41.
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
Regular A ecr nda
00-157 Appointments - Commissions and Committees (170)
1. Appointments to committee vacancies. (NONE)
00-158 CHAIR DOLAN PRESENTS A RESOLUTION HONORING THE FOSTER GRANDPARENT
PROGRAM TO BRIAN ANDERSON, SUPERINTENDENT, BUTTE COUNTY JUVENILE
HALL. MR. ANDERSON INTRODUCED JAY AND JEAN ALLEN, FOSTER
GRANDPARENTS, AND DONNA PRICE, FOSTER GRANDPARENT PROGRAM. (185)
Page 148 Mav 16, 2000
Mav 16, 2000
00-158 CHAIR DOLAN PRESENTS A RESOLUTION ADOPTING A NEW CANINE TO
SHERIFF MACKENZIE. SHERIFF MACKENZIE PRESENTS "LOBO", AND HIS
HANDLER, DEPUTY JOEL MALINOWSKI, AND INTRODUCES MRS. KELLY
MALINOWSKI.(270)
00-159 Update on legislative and budget activities. (310) JOHN S.
BLACKLOCK, CHIEF ADMINISTRATIVE OFFICER, INFORMS THE BOARD THAT
THE MAY REVISE WAS RELEASED YESTERDAY, AND IT INCLUDES A SMALL
RETURN OF ONE-TIME REVENUE FROM THE STATE FOR COUNTIES, BUT THERE
IS NO LONG TERM SOLUTION PROPOSED FOR PROPERTY TAX RETURN TO
COUNTIES. MR. BLACKLOCK, AND THE BOARD, URGED ALL CITIZENS TO
WRITE THE GOVERNOR AND LEGISLATURE TO LET THEM KNOW THAT THIS
SMALL RETURN IS NOT AN ACCEPTABLE SOLUTION TO THE SHIFT OF
PROPERTY TAXES FROM BUTTE COUNTY TO THE STATE, AND TO DEMAND A
RETURN OF THOSE TAX DOLLARS TO BUTTE COUNTY. MR. BLACKLOCK ALSO
SUGGESTED THAT A LETTER BE WRITTEN TO THE CALIFORNIA STATE
ASSOCIATION OF COUNTIES.
BOARD DIRECTION THAT A LETTER BE WRITTEN TO THE GOVERNOR AND THE
LEGISLATURE, AGAIN REQUESTING THE RETURN OF PROPERTY TAX DOLLARS
TO COUNTIES FOR LOCAL SERVICES. LETTERS SHOULD ALSO BE SENT TO
LOCAL AGENCIES ASKING THEM TO JOIN THE COUNTY IN MAKING THE
REQUEST OF THE STATE TO RETURN TAX DOLLARS TO BUTTE COUNTY.
1. Letter of Support for Assembly Bill 2518 (Washington) -
consideration of a letter of support for Assembly Bill 2518
which would establish a five year program of financial and
technical assistance for counties to coordinate multi-
agency drug endangered children response teams - action
requested - APPROVE LETTER AND AUTHORIZE THE CHAIR TO SIGN.
(528)
MOTION: I MOVE TO APPROVE THE LETTER AND AUTHORIZE THE CHAIR TO SIGN.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
00-160 Report to the Board - Chico Urban Area Nitrate Compliance Plan -
presentation to the Board of the Chico Urban Area Nitrate
Compliance Plan - action requested - ACCEPT THE PLAN AS THE
COUNTY'S OFFICIAL RESPONSE TO THE CENTRAL VALLEY REGIONAL WATER
QUALITY CONTROL BOARD'S PROHIBITION ORDER NO. 90-126; DIRECT THE
USE OF THE PLAN AS THE BASIS FOR PREPARATION OF AN ENVIRONMENTAL
IMPACT REPORT, AND AS THE BASIS FOR PREPARATION OF A STATE
REVOLVING LOAN FUND APPLICATION AND APPLICABLE GRANTS THAT
SUPPORT THE PROGRAM; DIRECT THAT THE PLAN, AS IMPLEMENTED,
SUPERSEDES THE NITRATE ACTION PLAN, AND THAT COUNTY ENVIRONMENTAL
HEALTH AND NITRATE PROGRAM STAFF BEGIN PREPARATION OF RELATED
SEPTIC SYSTEM ORDINANCE AMENDMENTS FOR THE CHICO URBAN AREA; AND
DIRECT STAFF TO PURSUE AN AGREEMENT WITH THE REGIONAL BOARD
REGARDING AN OVERSIGHT MONITORING PROGRAM FOR UNITS THAT REMAIN
ON SEPTIC SYSTEMS. (635)(**00)
Page 149 Mav 16, 2000
Mav 16, 2000
00-160 PRESENTATION TO THE BOARD BY STARLYN BROWN, ASSISTANT CHIEF
ADMINISTRATIVE OFFICER; AND ERIC MILLER, PROGRAM MANAGER, NITRATE
COMPLIANCE PLAN.
MOTION: I MOVE TO ACCEPT THE PLAN AS THE COUNTY'S OFFICIAL RESPONSE TO
THE CENTRAL VALLEY REGIONAL WATER QUALITY CONTROL BOARD'S
PROHIBITION ORDER NO. 90-126; DIRECT THE USE OF THE PLAN AS THE
BASIS FOR PREPARATION OF AN ENVIRONMENTAL IMPACT REPORT, AND AS
THE BASIS FOR PREPARATION OF A STATE REVOLVING LOAN FUND
APPLICATION AND APPLICABLE GRANTS THAT SUPPORT THE PROGRAM;
DIRECT THAT THE PLAN, AS IMPLEMENTED, SUPERSEDE THE NITRATE
ACTION PLAN, AND THAT COUNTY ENVIRONMENTAL HEALTH AND NITRATE
PROGRAM STAFF BEGIN PREPARATION OF RELATED SEPTIC SYSTEM
ORDINANCE AMENDMENTS FOR THE CHICO URBAN AREA; DIRECT STAFF TO
PURSUE AN AGREEMENT WITH THE REGIONAL BOARD REGARDING AN
OVERSIGHT MONITORING PROGRAM FOR UNITS THAT REMAIN ON SEPTIC
SYSTEMS; OFFICIALLY THANK AND ACKNOWLEDGE THE INVALUABLE
ASSISTANCE OF THE CITIZENS WHO HELPED TO DRAFT THE PLAN; CONTINUE
TO INITIATE AND PROVIDE INFORMATION TO THE PUBLIC AS THIS PROCESS
UNFOLDS; AND REQUEST THE CITY OF CHICO ALSO ACCEPT THIS PLAN AND
COOPERATE IN ITS IMPLEMENTATION.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
THE BOARD RECOGNIZED THE MANY CITIZENS WHO HAVE WORKED SO HARD
WITH COUNTY STAFF IN THE CREATION OF THE PLAN, AND CERTIFICATES
OF APPRECIATION WERE PRESENTED TO THOSE CITIZENS IN ATTENDANCE.
RECESS: 10:31 A.M.
RECONVENE: 10:42 A.M.
Public Hearincrs and Timed Items
00-161 Continued 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 - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN.
(FROM 4-25-00 [5.05])(**73)
PUBLIC HEARING RECONVENED: 10:42 A.M.
PUBLIC HEARING CLOSED: 11:07 A.M.
MOTION: I MOVE TO ADOPT RESOLUTION 00-68 AND AUTHORIZE THE CHAIR TO SIGN.
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
Page 150 Mav 16, 2000
Mav 16, 2000
00-162 Public Hearing - Minor Use Permit - Suzanne Jessen -
consideration of an appeal of the Planning Commission's denial
of a Minor Use Permit to allow a large family day care facility
for 12 or fewer children (item determined to be categorically
exempt from environmental review) on property zoned A-10
(Agricultural - 10 acre parcels) and located on the west side of
Esquon Road, approximately .41 miles north of Durham-Dayton
Highway in the Durham area, and identified as APN 040-150-026
(SB [File # MUP 00-09]) - STAFF RECOMMENDS THE FOLLOWING TWO
OPTIONS:
1. SUBJECT TO FINDINGS I (A-D) AS DETAILED IN THE STAFF REPORT
DATED MAY 16, 2000, DENY THE MINOR USE PERMIT; OR
2. SHOULD THE BOARD CHOOSE TO APPROVE THE PROJECT; ADOPT A
MOTION OF INTENT TO APPROVE THE PROJECT AND DIRECT STAFF TO
PREPARE CATEGORICAL EXEMPTION FINDINGS, PROJECT APPROVAL
FINDINGS, AND CONDITIONS OF APPROVAL. (**757)
PUBLIC HEARING OPENED: 11:10 A.M.
PUBLIC HEARING CLOSED: 11:18 A.M.
MOTION: I MOVE FOR A MOTION OF INTENT TO APPROVE THE PROJECT AND DIRECT
STAFF TO PREPARE CATEGORICAL EXEMPTION FINDINGS, PROJECT APPROVAL
FINDINGS, AND CONDITIONS OF APPROVAL, WITH THE ADDITION OF A
CONDITION OF APPROVAL WHICH WILL REQUIRE THE LARGE FAMILY DAY
CARE FACILITY TO CLOSE DURING AGRICULTURAL SPRAYING EVENTS ON
SURROUNDING PARCELS UPON NOTIFICATION BY THE AGRICULTURAL
OPERATORS.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
00-163 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 - AT THE REQUEST OF THE APPLICANT AND
APPELLANT, CONTINUE HEARING OPEN FOR AN ADDITIONAL 30 DAYS. (FROM
4-11-00 [5.05] ) (**1103)
PUBLIC HEARING RECONVENED AT 11:20 A.M., AND CONTINUED OPEN,
WITHOUT ACTION, TO JUNE 27, 2000, AT 11:30 A.M.
RECESS: 11:20 A.M.
RECONVENE: 11:27 A.M.
Page 151 Mav 16, 2000
Mav 16, 2000
Public Hearincr and Timed Items
00-164 Continued 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
JUNE 13, 2000, FOR CONCLUSION AND FINAL DETERMINATION BY BOARD.
(FROM 4-11-00 [5.03] ) (**1150)
HEARING RECONVENED: 11:31 A.M.
HEARING RECESSED: 11:56 A.M.
ITEM CONTINUED TO JUNE 13, 2000, AT 11:30 A.M. FOR FINAL
DETERMINATION BY THE BOARD. (WRITTEN MATERIAL TO BE SUBMITTED TO
THE BOARD FOR CONSIDERATION OF THIS ITEM IS TO BE SUBMITTED TO
THE CLERK OF THE BOARD BY MAY 30, 2000, AT 5:00 P.M.)
Regular A ecr nda
00-165 Flood Control Projects in the Feather-Yuba River System Funded
by Proposition 13 - presentation by Curt Aikens, Yuba County
water Agency, of potential flood control projects - action
requested - ACCEPT FOR INFORMATION. (**2215)(***00)
PRESENTATION TO THE BOARD BY CURT AIKENS, YUBA COUNTY WATER
AGENCY.
BOARD DIRECTION THAT A LETTER OF INTEREST BE SENT TO OUR LOCAL
LEGISLATURE WHICH STATES THE BOARD'S DESIRE TO SEE THIS PROJECT
MOVE FORWARD.
00-166 Director of Behavioral Health - Recruitment - consideration of
a recruitment plan for the position of Director of Behavioral
Health - action requested - DIRECT THE CHIEF ADMINISTRATIVE
OFFICER TO PREPARE AND EXECUTE A CONTRACT WITH SHANNON ASSOCIATES
FOR RECRUITMENT SERVICES IN AN AMOUNT NOT TO EXCEED $9,000.
(***46)
MOTION: I MOVE TO DIRECT THE CHIEF ADMINISTRATIVE OFFICER TO PREPARE AND
EXECUTE A CONTRACT WITH SHANNON ASSOCIATES FOR RECRUITMENT
SERVICES IN AN AMOUNT NOT TO EXCEED $9,000.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
00-167 Items removed from the Consent Agenda for Board consideration and
action. (***121) (NONE)
Page 152 Mav 16, 2000
Mav 16, 2000
00-168 CLOSED SESSION: the Board recessed at 12:23 p.m. to a closed
session conference with legal counsel regarding
actual litigation pursuant to Government Code
Section 54956.9(a) Deigal v. County of Butte
and Lakota v. County of Butte; conference with
legal counsel regarding initiation of litigation
pursuant to Government Code Section 54956.9(c):
one potential case; and conference with labor
negotiators pursuant to Government Code Section
54957.6. Agency Negotiators: Bill Avery and
Don Turko; Employee Organizations: Deputy
Sheriffs Association (General and Management Law
Enforcement Units) and Butte County Management
Employees Association (Management, Confidential
and Supervisory Unit). (***128)
RECONVENE: the Board reconvened at 1:40 p.m. from a closed
session conference with legal counsel regarding
actual litigation pursuant to Government Code
Section 54956.9(a) Deigal v. County of Butte
and Lakota v. County of Butte; conference with
legal counsel regarding initiation of litigation
pursuant to Government Code Section 54956.9(c):
one potential case; and conference with labor
negotiators pursuant to Government Code Section
54957.6. Agency Negotiators: Bill Avery and Don
Turko; Employee Organizations: Deputy Sheriffs
Association (General and Management Law
Enforcement Units) and Butte County Management
Employees Association (Management, Confidential
and Supervisory Unit). (***240) (NO
ANNOUNCEMENTS)
Page 153 Mav 16, 2000
Mav 16, 2000
Public Hearincrs and Timed Items
00-169 Public workshop - Sacramento River Fisheries and Riparian Habitat
Management Plan Program - Memorandum of Agreement - discussion
regarding the County's participation in the Sacramento River
Fisheries and Riparian Habitat Management Plan Program and the
issues surrounding a Memorandum of Agreement for participation
in the program - action requested - APPROVE MEMORANDUM OF
AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF
COUNTY COUNSEL; AND DIRECT THE CLERK OF THE BOARD TO POST VACANCY
NOTICES FOR THE TWO NON-PROFIT ORGANIZATION REPRESENTATIVE
VACANCIES, AND TO RETURN THE APPOINTMENTS TO THE AGENDA OF
MAY 30, 2000, FOR CONSIDERATION. (***242)
WORKSHOP CONVENED: 1:40 P.M.
WORKSHOP ADJOURNED: 3:16 P.M.
MOTION: I MOVE TO APPROVE THE MEMORANDUM OF AGREEMENT AND AUTHORIZE THE
CHAIR TO SIGN; DIRECT THE CLERK OF THE BOARD TO POST VACANCY
NOTICES FOR THE TWO NON-PROFIT ORGANIZATION REPRESENTATIVE
VACANCIES, AND TO RETURN THE APPOINTMENTS TO THE AGENDA OF
MAY 30, 2000, FOR CONSIDERATION. I FURTHER MOVE TO DIRECT STAFF
TO INITIATE THE SCHEDULING OF MEETINGS WITH INTERESTED GROUPS AND
CITIZENS FOR THE PURPOSE OF OBTAINING INPUT OF EXPECTED GOALS,
OBJECTIVES, AND CONCERNS OF THIS PLAN FOR BUTTE COUNTY.
M S
VOTE: 1 N 2 Y 3 N 4 Y 5 Y (Motion Carried)
RECESS: 3:17 P.M.
RECONVENE: 3:26 P.M.
Public Hearincrs and Timed Items
00-170 Timed Item - In-Home Support Services - consideration of a two
year service contract with Addus Healthcare Inc., for the
provision of In-Home Support Services for Butte County
residents - action requested - APPROVE AGREEMENT AND AUTHORIZE
THE CHAIR TO SIGN. (****513)
HEARING CONVENED: 3:26 P.M.
HEARING ADJOURNED: 4:47 P.M.
MOTION: I MOVE TO APPROVE THE AGREEMENT WITH ADDUS HEALTHCARE INC., AND
AUTHORIZE THE CHAIR TO SIGN. I FURTHER MOVE TO DIRECT THAT SHOULD
MONETARY INCREASES OCCUR THROUGH THE LEGISLATIVE PROCESS, THAT
THOSE INCREASES BE APPLIED TO WAGES AND/OR BENEFITS FOR THE CARE
GIVERS (PURSUANT TO THE COLLECTIVE BARGAINING PROCESS).
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
Page 154 Mav 16, 2000
Mav 16, 2000
00-171 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.) (****2894)
1. BLYTH SELMA ADDRESSED THE BOARD REQUESTING SCHOOL BUS
SERVICE FOR OROVILLE SCHOOLS IN THE FORBESTOWN AREA, AND
REQUESTING PUBLIC TRANSPORTATION (BUS SERVICE) TO THE
FORBESTOWN AREA.
BOARD DIRECTION THAT THE CHIEF ADMINISTRATIVE OFFICER
DIRECT A LETTER REFERRING THIS MATTER TO THE APPROPRIATE
AGENCIES FOR POSSIBLE SOLUTIONS.
2. HELEN COATS ADDRESSED THE BOARD REGARDING OROVILLE
DEVELOPMENT.
3. DAN KOHRDT ADDRESSED THE BOARD TO REQUEST HE BE PLACED ON
THE AGENDA OF MAY 30, 2000, REGARDING POSSIBLE PERMIT
PROBLEMS WITH HIS DEVELOPMENT PROJECTS.
4. DAVID MORRISON ADDRESSED THE BOARD REGARDING PROBLEMS HE
HAS EXPERIENCED WITH THE PLANNING DEPARTMENT REGARDING THE
REPLACEMENT OF HIS WOOD STOVE WITH A PROPANE TANK, AND
REQUESTING TO BE PLACED ON THE AGENDA OF MAY 30, 2000, TO
RESOLVE THIS PROBLEM.
5. BILL WILSON ADDRESSED THE BOARD REGARDING THE ILLEGAL
COLLECTION OF DEVELOPMENT FEES FOR DEVELOPMENTS ALONG ORO
DAM BOULEVARD/HIGHWAY 162, AND HOW THIS PROCESS IS
PREVENTING THE DEVELOPMENT OF THE DAN KOHRDT PROJECT.
SUPERVISOR HOUX NOT PRESENT
Communications
00-172 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. Robert Belgeri, Organizer, Service Employees International
Union, writes to the Board to appeal a determination of the
Employee Relations Officer's denial of the organization's
petition to form a new bargaining unit consisting solely of
court employees. (REFER TO CHIEF ADMINISTRATIVE OFFICER AND
DIRECTOR OF PERSONNEL.)
Page 155 Mav 16, 2000
Mav 16, 2000
00-172 2. California Public Utilities Commission sends notice of
several public scoping meetings being held throughout
California regarding the proposed sale of Pacific Gas and
Electric Company's hydroelectric assets. The meetings are
being held in the affected areas to provide input on the
potential environmental issues to be addressed in the
Environmental Impact Report, which is due to be completed
in September 2000. The meeting for the Oroville area will
be held on May 18, 2000, at 7:00 p.m. at the Oroville
Recreation Center, 2260 6t'' Street, Oroville. (REFERRED TO
CHIEF ADMINISTRATIVE OFFICER AND COUNTY COUNSEL [5-3-00];
REFER TO WATER AND RESOURCE CONSERVATION, DEVELOPMENT
SERVICES AND PUBLIC WORKS.)
3. Marsha L. Berkbigler, Director Government Relations, AT&T
Broadband and Internet Services, writes to the Board to
give notice of a service rate adjustment for AT&T cable
services for the Paradise, Oroville and Gridley area
clients, effective June 1, 2000.
ADJOURNMENT: there being no further business before the
Board, the meeting was adjourned at 5:00 p.m. to
reconvene at a regular meeting of the Board on
Tuesday, May 30, 2000, at 9:00 a.m.
Jane Dolan, Chair
ATTEST:
John S. Blacklock, Chief Administrative
Officer and Clerk of the Board
By.
Page 156 Mav 16, 2000