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HomeMy WebLinkAboutM052599BOARD OF SUPERVISORS MINUTES R. J. BEELER, 1st District JANE DOLAN, 2nd District MARY ANNE HOUR. 3rd District CURT JOSIASSEN, 4th District FRED C. DAVIS, 5th District May 25, 1999 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, Neil McCabe, Assistant County Counsel, and Marion Reeves, Assistant Clerk of the Board of Supervisors. Pledge of Allegiance to the Flag of the United States of America. Invocation - Pastor David Wallace, Church of Christ, Paradise. 99-141 Items removed from the Consent Agenda for Board consideration and action. (79} 1. waste Management - the Public works Department is requesting Board approval of a proposal, letter, and contracting agreement with Waste Management to prepare a Master Facilities Plan and Joint Technical Document for the Neal Road Landfill. The Master Facilities Plan will be utilized to provide a plan for site development that maximizes landfill capacity, provides for efficient development of the site, and accommodates landfill related facilities. The Joint Technical Document will be utilized to obtain subsequent permits and approval. The proposal and supplemental letter covers the work to be performed at a cost not to exceed $83,300 (Neal Road Management Fund) - action requested - APPROVE PROPOSAL, LETTER, AND CONTRACTING AGREEMENT AND AUTHORIZE THE DIRECTOR OF PUBLIC WORKS TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND TIDE AUDITOR-CONTROLLER. Consent Agenda 99-142 1. Approval of Minutes - action requested - APPROVE MINUTES OF MAY 11, 1999, AND MAY 13, 1999. Page 151 May 25, 1999 Mav 25, 1999 99-142 2. Budget Transfers _ action requested - APPROVE BUDGET TRANSFERS B-334 (Behavioral Health); B-339 (Various CSAs [4/5 vote required]); B-33b (District Attorney); B-343 (District Attorney); B-344 (Welfare [4/5 vote required]); AND B-345 (Behavioral Health-ISF). 3. County Library Donations - in accordance with Government Code Section 25355, donations of 5895.70 from Oroville Friends of the Library and $500 from the Fraternal Order of Eagles, Aerie #2960, have been received for the Butte County Trust Fund for the purchase of books - action requested - ACCEPT DONATIONS AND AUTHORIZE LETTERS OF APPRECIATION. 9. Animal Control Advisory Board - action requested - APPOINT MICHELLE LAFFRANCHI (BUTTE COUNTY FARM BUREAU REPRESENTATIVE). 5. Butte County Fish and Game Commission - action requested - APPOINT RICHARD DUNKEL (DISTRICT 5) TO A VACATED TERM TO END JANUARY 8, 2001. 6. Assessor - Vehicle Purchase - Board approval is requested by the Assessor for the purchase of two automobiles in a combined amount not to exceed $25,000 (department budget/salary savings) to replace older vehicles which are no longer cost effective to repair and which present safety concerns for the drivers - action requested - APPROVE BUDGET TRANSFER B-335; AND APPROVE THE PURCHASE OF TWO VEHICLES IN AN AMOUNT NOT TO EXCEED $25,000. 7. Award of Bid No. 118-99 - Emergency Services Vehicle - bids have been opened for the purchase of a four-wheel drive utility vehicle for the Emergency Services Office with the low bidder being McConnell Chevrolet of Gridley, in the amount of $26,350.26 (department budget) including sales tax and Department of Motor Vehicles fees - action requested - AWARD BID. 8. County Clerk-Recorder - Laser Printer - Board approval is requested by the County Clerk-Recorder to purchase a Hewlett Packard 4500DN laser printer in an amount not to exceed $4,200 (department budget) to be utilized by the County Clerk-Recorder-Registrar of Voters for specialized report printing and CD-ROM label printing - action requested - APPROVE PURCHASE OF A FIXED ASSET ITEM. Page 152 May 25, 1999 May 25, 1999 99-142 9. Fire Department - Base Station Radios - Board approval is requested by the Fire Department for the purchase of three base station radios in the amount of $15,658.47 (department budget/pager allocation). Two base station radios will provide coverage for the north county area and one base station radio will be located in the radio vault at the Oroville headquarters - action requested - APPROVE BUDGET TRANSFER $-338; AND APPROVE THE PURCHASE OF FIXED ASSET ITEMS. 10. Surplus Property - Vehicles - various departments have transferred five vehicles to County surplus which are either beyond economic repair or are no longer utilized by the departments - action requested - DECLARE VEHICLES SURPLUS TO THE NEEDS OF THE COUNTY AND AUTHORIZE DISPOSAL IN ACCORDANCE WITH COUNTY POLICY. 11. Y2K Readiness - Fixed Asset Purchases - the Administrative Office, Director of Information Systems, General Services Director, and the Emergency Services Officer have been working to identify Y2K facility and equipment needs for County services and programs. Proposed are equipment purchases which have been deemed "mission critical" to the County and offer ongoing benefits to County programs and services. Board approval is requested for the purchase of the following fixed asset items: Behavioral Health - 15 kilowatt generator in the amount of $15,000. Proposed funding will utilize current year fixed asset savings. Juvenile Hall - 15 kilowatt generator in the amount of $15,000. Proposed funding is available in the current year budget. Information Systems/Welfare Department - 45 kilowatt generator in the amount of $30,000. Proposed funding will distribute the cost between the Information Systems Department ($2,700), Communications Division ($2,100), and the Welfare Department ($25,200) and will utilize savings realized in the departments' budgets and unanticipated Ca1WORKs revenue. Information Systems - 3Com CoreBuilder CB9000 Switch in the amount of $51,900. Proposed funding will utilize savings realized in the department's budget. Sheriff's Office - 15 kilowatt generator in the amount of $15,000. Proposed funding is available in the current year budget utilizing fixed asset funds - action requested - APPROVE BUDGET TRANSFER B-342 (4/5 vote required) ACCEPTING AND APPROPRIATING UNANTICIPATED GALWORKS REVENUE AND APPROPRIATING THE NECESSARY FUNDING FOR ALL PURCHASES; AND APPROVE PURCHASE OF FIXED ASSET ITEMS. 12. Monthly Investment Report - the Treasurer-Tax Collector submits the April 30, 1999, report in accordance with the Butte County Statement of Investment Policy dated July 1, 1998 - action requested - ACCEPT FOR INFORMATION. Page 153 May 25, 1999 Mav 25. 1999 99-192 13. County Service Area (CSA) Revolving Loan Fund - on March 23, 1999, ballot proceedings were conducted in County Service Area #11-Zone 1 (Durham Street Lighting) and County Service Area #73-Zone 1 (Meadow Estates Street Lighting) to increase the annual per parcel service charge. In order to pay for the costs associated with the ballot proceeding, Board approval is requested for two loans from the CSA Revolving Loan Fund in the following amounts: CSA #11 - Zane 1 - $328; CSA #73-Zone 1 - $28. The loans will be paid back within one year - action requested - ADOPT RESOLUTION 99-70 APPROVING A LOANS TO CSA #11-ZONE 1 AND RESOLUTION 99-71 APPROVING A LOAN TO GSA #73-ZONE 1 AND AUTHORIZE THE CHAIR TO SIGN; AND APPROVE BUDGET TRANSFER B-340 (4/5 vote required) ACCEPTING AND APPROPRIATING UNANTICIPATED LOAN REVENUE. 14. Statement of Investment Policy and Introduction of an Ordinance Amending Butte County Code Section 2-166 Delegating Investment Authority to the Butte County Treasurer/Tax Collector - Board approval is requested for the annual Statement of Investment Policy pursuant to Government Code Section 53646. The policy has been reviewed and approved by the Butte County Treasury Oversight Committee. Board approval is also requested for an annual ordinance which delegates investment authority to the Treasurer/Tax Collector pursuant to Government Code Section 53607 - action requested - APPROVE THE STATEMENT OF INVESTMENT POLICY EFFECTIVE JULY 1, 1999; AND WAIVE READING OF THE pRDINANCE. 15. Adoption of a Salary Qrdinance 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 - ADOPT ORDINANCE 3515 AND AUTHORIZE THE CHAIR TO SIGN. (FROM 5-11-99) 16. Adoption 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 - ADOPT QRDINANCE 3516 AND AUTHORIZE THE CHAIR TO SIGN. (FROM 5-11-99) Page 154 May 25, 1999 May 25, 1999 99-142 17. Introduction of a Salary Ordinance Amendment - the Behavioral Health Department has requested the Personnel Department prepare a salary ordinance amendment which would extend the term assignments of seven term positions to June 30, 2000, as follows: two positions of Mental Health Clinician I111, four positions of Mental Health Worker/Mental Health Counselor/Senior Mental Health Counselor, and one position of Health Education Specialist II/I. These positions are funded through a Parent Education Network/Office of Child Abuse and Prevention Grant or a California Mentor Initiative Grant - action requested - WAIVE READING OF THE ORDINANCE. 18. Introduction of a Salary Ordinance Amendment - the Behavioral Health Department has requested the Personnel Department prepare a salary ordinance amendment which would retitle one position of Program Manager-Community Services to Program Manager-Staff Services. This change would correct the unintended retitling of this position which occurred in a previously approved salary ordinance - action requested - WAIVE READING OF THE ORDINANCE. Page 155 May 25, 1999 May 25, 1999 99-142 19. Introduction of a Salary Ordinance Amendment - at the ~"" request of the County Clerk-Recorder, the Personnel Department has prepared a salary ordinance amendment in response to a classification and compensation study performed by L.B. Hayhurst & Associates on the Clerk- Recorder and Elections divisions. Following are recommended changes which have been agreed upon by the appropriate bargaining Units. These changes will present no budgetary impact for fiscal year 1998-99, and have been included in the department's budget for fiscal year 1999-00. Retitle the following positions: Assistant County Recorder to Assistant County Clerk- Recorder, and Assistant Registrar of Voters to Assistant County Clerk-Registrar of Vaters {no salary change), Add the following positions: Deputy County Clerk- Recorder I ($9.58 - $11.65), Deputy County Clerk- Recorder II ($11.02 - $13.90}, Deputy County Clerk- Recorder III ($12.67 - $15,90), Deputy County Clerk- Elections 1 ($9.58 - $11.65), Deputy County Clerk- Elections II ($11.02 - $13.40), Deputy County Clerk- Elections III ($12.67 - $15.40}. Reclassify the following positions; one position of Supervising Elections Technician ($12.80 - $15.56) to Information Systems Analyst II ($18.51 - $22.50), two positions of Recordable Document Examiner II ($10.48 - $12.74) to Deputy County Clerk-Recorder III ($12.67 - $15.90), one -" position of Supervisor-Micrographics ($10.43 - $12.68) to Deputy County Clerk-Recorder II ($11.02 - $13.90), three positions of Recordable Document Examiner II ($10.48 - $12.74) to Deputy County Clerk-Recorder II ($11.02 - $13.40), three positions of Office Assistant II ($8.13 - $9.88) to Deputy County Clerk- Recorder I ($9.58 - $11.65), three positions of Senior Elections Technician ($10.97 - $13.33) to Deputy County Clerk-Elections III ($12.67 - $15.40), and one position of Senior Elections Technician ($10.97 - $13.33) to Deputy County Clerk-Elections I ($9.58 - $11.65). Delete from the County Clerk-Recorder budget (470-001) one position of Office Assistant III/II/I. Add to the County Clerk-Recorder budget (470- 001) one position of Senior Staff Services Systems Specialist or Staff Services Systems Specialist; and delete from the salary ordinance the positions pf Elections Technician, Senior Elections Technician, Supervising Elections Technician, Supervisor-Recordable Document, and Supervisor-Micrographic - action requested - WAIVE READING OF THE ORDINANCE. Page 156 May 25, 1999 May 25, 1999 99-142 20. Introduction of a Salary Ordinance Amendment - the Probation Department has requested the Personnel Department prepare a salary ordinance amendment which will combine two halftime positions of Probation Officer II/I (staffed by one individual) to one full time position of Probation Officer III/II/I. Combining these positions will allow departmental consistency without budgetary impact - action requested - WAIVE READING OF THE ORDINANCE. 21. Introduction of a Salary Ordinance Amendment - the Probation Department has requested the Personnel Department prepare a salary ordinance amendment which flexibly staffs three positions of Probation Officer III to Probation Officer IIT/II/I. Flexibly staffing these positions will give the department greater flexibility in the selection and training of staff - action requested - WAIVE READING OF THE ORDINANCE. 22. Introduction of a Salary Ordinance Amendment - the Sheriff's Office has requested the Personnel Department prepare a salary ordinance amendment which will flexibly staff a Sheriff's Clerk II/I to Sheriff's Clerk III/II. Flexibly staffing this position will give the department greater flexibility in the selection and training of staff - action requested - WAIVE READING OF THE ORDINANCE. 23. Report to the Board and Introduction of a Salary Ordinance Amendment - the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 established Medi-Cal eligibility for a new group of individuals referred to as Section 1931(b). Section 1931 (b) required Medi-Cal benefits to be provided to low income families who became ineligible due to Ca1WORKs rules implemented January 1, 1998. Board approval is requested by the welfare Department for a salary ordinance amendment which will add three positions of Eligibility Worker II/I and one position of Senior Account Clerk in support of this program. The program will be fully funded by the Department of Health Services with no cost to counties, and Butte County's Medi-Cal allocation has been augmented to administer the program - action requested - WAIVE READING OF THE ORDINANCE. 24. Resolution Establishing Drug Court week - Superior Court is requesting Board approval of a resolution which will declare June 1-7, 1999, as "Drug Court Week" in Butte County - action requested - ADOPT RESOLUTION 99-72 AND AUTHORIZE THE CHAIR TO SIGN. Page 157 May 25, 1999 May 25, 1999 99-142 25. Resolution Recognizing the Dedication of the Silver ~" Dollar Fair Pavilion to Marvin J. Cassady, Jr. - action requested -- ADOPT RESOLUTION 99-73 AND AUTHORIZE THE CHAIR TO SIGN. 26. Award of Bid - Channelization Reconstruction at the Intersection of Dayton Road, Elk Avenue and Hegan Lane, County Project No. 49191-94-1 - the project is necessary to enhance the safety at a roadway intersection with an offset alignment. The State and Local Transportation Partnership Program will reimburse 16.590 of the project cost if the project is awarded by June 30, 1999 -- action requested - AWARD CONTRACT TO LOW BIDDER, ROBINSON CONSTRUCTION COMPANY, INC., IN THE AMOUNT OF $135,536.25 AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF' COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. 27. Award of Bid - Construction of Pavement Dverlay on Portions of Skyway, Hegan Lane and Larkin Road, County Project No. AC-98-1 - the project is necessary due to pavement distress which will result in extensive maintenance costs and eventual loss of the roadway structural section. The State and Local Transportation Partnership Program will reimburse 16.590 of the project cost if the project is awarded by June 30, 1999 - action requested - AWARD CONTRACT TO LOW BIDDER, ROBINSON CONSTRUCTION COMPANY, INC., IN THE AMOUNT OF $470,334.60 AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. 28. Public Defenders - Board approval is requested by the Administrative Office for an agreement with Braddon Hatch for the provision of Indigent Defense Services. The agreement, in the amount of $19,000 for the remainder of fiscal year 1998-99, and an estimated $116,000 for fiscal year 1999-00, is fully funded by State Trial Court Funds. To accommodate a shifting of case loads, Board approval is also requested on an amendment to the agreement with Myra Bailey which amends the "scope of work" to be performed, with all other terms and provisions remaining the same - action requested - APPROVE BUDGET TRANSFER B-309 (4/5 vote required) ACCEPTING AND APPROPRIATING $19,000 IN UNANTICIPATED TRIAL COURT FUNDING; AND APPROVE AGREEMENT AMENDMENTS AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. Page 158 May 25, 1999 May 25, 1999 99--142 29. Butte County Air Quality Management District (BCAQMD) - Public Employees Retirement System (PERS) - Board approval is requested by the Butte County Air Quality Management District for an agreement with the Public Employees Retirement System which allows for a merger of contracts for PERS information. This agreement allows PERS to recognize BCAQMD as its own agency and transfers its PERS employee information from the County to BCAQMD - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. 30. Enloe Hospital - Touchstone Program - the Butte County Department of Behavioral Health is requesting Board approval for an amendment to the agreement with Enloe Hospital for the Touchstone Program which provides perinatal case management services. The amendment increases the maximum amount payable by $10,648.32 (State funds) to expand and improve existing programs utilizing an additional allocation received by the State Department of Alcohol and Drug Programs. The term of the agreement remains July 1, 1998, through June 30, 1999 - action requested - APPROVE BUDGET TRANSFER $-341 (9/5 vote required) ACCEPTING AND APPROPRIATING UNANTICIPATED REVENUE; AND APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR- CONTROLLER. (Contract No. X11110) 31. Carroll, Burdick & McDonough, LLP - County Counsel is requesting Board approval for an extension to the agreement with Carroll, Burdick & McDonough, LLP, for the provision of attorney services. Funding for this agreement is available in the department's budget - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X11192) 32. California Department of Forestry and Fire Protection - Fiscal Year 1998-99 Cooperative Fire Protection Agreement (No. 2CA98808) - Board approval is requested by the Fire Department for a cooperative agreement with California Department of Forestry and Fire Protection for the provision of fire protection services. The term of the agreement is July 1, 1998, through June 30, 1999, in the maximum amount of $5,492,097 (General Fund). Board approval is also requested for a budget txansfer in the amount of $77,029 (Appropriation for Contingencies) to provide funding for the agreement - action requested - APPROVE BUDGET TRANSFER B-337 (4/5 vote required); AND ADOPT RESOLUTION 99-74 APPROVING THE COOPERATIVE AGREEMENT TO PROVIDE FIRE PROTECTION SERVICES FOR LOCAL AGENCIES AND AUTHORIZE THE CHAIR TO SIGN RESOLUTION AND AGREEMENT. (Contract No. X11205) Page 159 May 25, 1999 May 25, 1999 99--142 33. Private Industry Council - Welfare to Work and Job .--~ Training Partnership Act - 1999-2000 Program Year - the Private Industry Council has received funding allocations for the new program year beginning July 1, 1999, and submits proposals for expenditures during the program year to include staffing requirements and participant activities - action requested - APPROVE SPENDING AND PARTICIPATION PLAN FOR PROGRAM YEAR 1999- 2000 AND AUTHORIZE THE CHAIR TO SIGN. 34. Mark Lundberg, M.D. - Board approval is requested for an employment agreement amendment with Mark Lundberg, M.D., to serve as the Butte County Public Health Officer far a three year term commencing June 17, 1999, and terminating June 17, 2002 - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR- CONTROLLER. 35. North Valley Veterinary Medical Association - the Public Health Department is requesting Board approval for an agreement with North Valley Veterinary Medical Association for the provision of services to assist the County in providing State mandated low cost rabies vaccination clinics. The services provided by Narth Valley Veterinary Medical Association are being provided at no cost to the County -- action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO S1GN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. 36. Children's Medical Services Plan 1999-2000 - each year the Public Health Department prepares a Children's Medical Services Plan for submission to the State Department of Health Services to summarize the overall program activities that will be accomplished within the Child Health and Disability Prevention {CHDP} Program and the California Children Services {CCS) Program - action requested - APPROVE SUBMISSION OF THE PLAN AND AUTHORIZE THE CHAIR TO SIGN. 37. Eco-Analysts - the Public Works Department is requesting Board approval for an amendment to the agreement with Eco-Analysts for the preparation of a Natural Environment Study Report for the Centerville Road Bridge Replacement Project. The amendment covers the cost of a registered professional archaeologist to identify and record archaeological resources encountered during a survey of the project area. The amendment increases the amount payable by $1,500, 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. X10532} Page 160 May 25, 1999 Mav 25, 1999 99-142 38. Request to Place an M-60 Tank at the Paradise Memorial Hall - Supervisor Davis is requesting Board approval of a plan submitted by American Legion-Paradise Post No. 259 and the Paradise Veterans Council to place an M-60 Tank on permanent display at the Memorial Hall in Paradise - action requested - SUPPORT AND APPROVE THE PLAN SUBJECT TO DEVELOPMENT AND APPROVAL OF A USE PERMIT. 39. Request for School Bond Election - Palermo Union School District, by Resolution No. 99-02, is requesting the Butte County Elections Department conduct a special school bond election to be held Tuesday, September 28, 1999. The cost of the election will be paid a.n full by the District and a deposit of $10, 600 has already been received by the County - action requested - AUTHORIZE THE COUNTY CLERK TO CONDUCT THE SPECIAL SCHOOL BOND ELECTION. 40. Advancement within a Salary Range - District Attorney - pursuant to Personnel Rule ].2.13, Board approval is requested to appoint a Deputy District Attorney IV to Step 5 of the salary range, retroactive to May 15, 1999 - action requested - APPROVE STEP ADVANCEMENT RETROACTIVE TO MAY 15, 1999. (80) MOTION: T MOVE TO APPROVE THE CONSENT AGENDA WITH THE REMOVAL OF ITEM 3.38. M S VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) CHAIR DOLAN INTRODUCES THE NEW BUTTE COUNTY FIRE CHIEF BILL SAGER. CHAIR DOLAN PRESENTS A RESOLUTION ESTABLISHING DRUG COURT WEEK IN BUTTE COUNTY TO JUDGE DARRELL W. STEVENS. JUDGE STEVENS INTRODUCES DAN SEAMAN, DRUG COURT GRADUATE. Regular Agenda 99-143 Appointments - Commissions and Committees (374) A. Appointments to committee vacancies. (NONE) Page 161 May 25, 1999 May 25, 1999 99-144 Update an legislative and budget activities. (380) JOHN S. ~,-. BLACKLOCK, CHIEF ADMINISTRATIVE OFFICER, INFORMS THE BOARD THAT THE STATE SENATE BUDGET SUBCOMMITTEE HAS ADDED FUNDING TO THE STATE BUDGET TO ALLOW CAPPING OF THE GROWTH ON ERAF AND STATED THIS WAS A SIGNIFICANT STEP IN OBTAINING THE RETURN OF PROPERTY TAX REVENUE TO THE COUNTY. SUPERVISOR HOUX ENCOURAGES CITIZENS TO WRITE LETTERS TO GOVERNOR GRAY DAVIS, SPEAKER VILLARAIGOSA, AND SENATE PRESIDENT PRO-TEMPORE BURTON, AS WELL AS THEIR LEGISLATORS, ASSEMBLYMAN AANESTAD AND SENATOR LESLIE, TO ENCOURAGE THE RETURN OF PROPERTY TAX REVENUE TO OUR COUNTY. CHAIR DOLAN ANNOUNCES THAT SENATOR LESLIE WILL BE HOLDING A CALFED INFORMATIONAL BRIEFING ON THURSDAY MAY 27, 1999, 1.:30 P.M. TO 5:30 P.M., STATE CAPITOL, ROOM 112. 99-145 Consideration of an amendment to the ordinance establishing the Children and Families First Commission - action requested - ADOPT ORDINANCE AND AUTHORIZE THE CHAIR TO SIGN; AND APPOINT COMMTSSION MEMBERS. (FROM 5-11-99) (589) MOTION: I MOVE TO ADOPT ORDINANCE 3517 AND AUTHORIZE THE CHAIR TO SIGN. M S VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried} MOTION: I MOVE TO APPOINT MARIAN GAGE, MARK LUNDBERG, SANDRA MACHIDA, GENE SMITH, DEBORAH ROWELL, LINDA MOORE, PAT CRAGAR, GARY HOUSE, AND JANE DOLAN TO THE COMMISSION. I FURTHER MOVE THAT THE REMAINING APPLICATIONS OF INTEREST BE FORWARDED TO THE COMMISSION FOR CONSIDERATION OF APPOINTMENTS TO ADVISORY COMMITTEES. S M VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) 99-196 Consideration of an Emergency Ordinance Regarding Cellular Towers - action requested - DIRECT STAFF REGARDING PREPARATION OF AN EMERGENCY ORDINANCE TO BE PLACED ON THE AGENDA OF JUNE 8, 1999. (913) MOTION: I MOVE TO DIRECT STAFF TO PREPARE AN EMERGENCY INTERIM ORDINANCE FOR CONSIDERATION AT THE MEETING OF JUNE 8, 1999, WHICH WOULD: 1) IMPOSE A MORATORIUM ON THE INSTALLATION OF CELLULAR TOWERS IN ALL ZONES IN THE COUNTY THAT ALLOW RESIDENTIAL USES AS A MATTER OF RIGHT, AND 2) ESTABLISHES A TIME LIMIT FOR EXISTING TOWERS TO BE PHASED OUT OF THOSE ZONES. M S VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried} Page 162 May 25, 1999 May 25, 1999 99-147 Sheriff's Substation Donation - Ridgeway Enterprises has generously donated a lease of land and the construction of a substation building for the Butte County Sheriff's Office for the purpose of providing law enforcement to the Kelly Ridge area of the County. A lease agreement will be prepared in the amount of $1 per year and will cover a ten year period. The lease will be renewable in ten year increments - action requested - ACCEPT FOR INFORMATION. (1951) THE BOARD THANKS MR. DANNY G. KOHRDT, PRESIDENT, RIDGEWAY ENTERPRISES, FOR HIS GENEROUS DONATION AND DIRECTS STAFF TO PREPARE A LETTER OF APPRECIATION FOR THE CHAIR TO SIGN. RECESS: 10:0I A.M. RECONVENE: 10:12 A.M. Page 163 May 25, 1999 May 25, 1999 Public Hearing and Timed Items 99-148 Public Hearing - Roger Green - consideration of an appeal of the Planning Commission's approval of a reclamation plan for the County of Butte (item on which a negative declaration with mitigation measures regarding environmental impacts has been recommended) for a pre-existing 44 acre gravel mine on property zoned P-Q (Public - Quasi-Public). The property is located northeast of the City of Gridley, south of and adjacent to Almond Avenue, Gridley (File No. MIN 99-01) - action requested: A. SUBJECT TO FINDINGS I (A AND B} AS DETAILED IN THE STAFF REPORT DATED MAY 25, 1999, REAFFIRM THE MITIGATED NEGATIVE DECLARATION AND AUTHORIZE THE CHAIR TO SIGN; B. FIND THAT THE PROPOSED PROJECT IMPROVEMENTS WILL NOT CAUSE ENVIRONMENTAL DAMAGE TO FISH AND WILDLIFE OR THEIR HABITAT AND APPROVE A "DE MINIMUS" EXEMPTION TO THE COLLECTION OF DEPARTMENT OF FISH AND GAME ENVIRONMENTAL FILING FEES; AND C. SUBJECT TO FINDINGS III (A AND B) AS DETAILED IN THE STAFF REPORT DATED MAY 25, 1999, DENY THE APPEAL AND APPROVE THE RECLAMATION PLAN SUBJECT TO THE CONDITIONS DETAILED IN EXHIBIT "A" OF THE STAFF REPORT DATED MAY 25, 1999. (1840)(**00) PUBLIC HEARING OPENED AT 10:1$ A.M. AND GONTTNUED OPENED TO JUNE 22, 1999, AT 11:00 A.M. Page 169 May 25, 1999 May 25, 1999 Regular Agenda 99-199 Drescher Tract Assessment District - the United States Department of Agriculture (USDA), Rural Development has encumbered sufficient project funds subject to the sale of bonds. The requested actions will allow the sale of the bonds to Rural Development, allowing the project to be funded, the right-of-way to be certified, and the contract to be amended and issued to commence construction - action requested - AUTHORIZE THE FILING OF THE UNPAID LIST OF ASSESSMENTS; ADOPT A RESOLUTION DETERMINING ASSESSMENTS REMAINING UNPAID; ADOPT A RESOLUTTON AUTHORIZING ISSUANCE OF A SINGLE TERM BOND; AND ADOPT A RESOLUTION ACCEPTING THE OFFER OF THE USDA/RURAL DEVELOPMENT FOR PURCHASE OF A SINGLE TERM BOND TO BE ISSUED BY THE COUNTY OF BUTTE FOR DRESCHER TRACT ASSESSMENT DISTRICT AND AUTHORIZE THE CHAIR TO SIGN. (**1029) MOTION: I MOVE TO AUTHORIZE THE FILING OF THE UNPAID LIST OF ASSESSMENTS; ADOPT RESOLUTION 99-75 DETERMINING ASSESSMENTS REMAINING UNPAID; ADOPT RESOLUTION 99-76 AUTHORIZING ISSUANCE OF A SINGLE TERM BOND; AND ADOPT RESOLUTION 99-77 ACCEPTING THE OFFER OF THE USDA/RURAL DEVELOPMENT FOR PURCHASE OF A SINGLE TERM BOND TO BE ISSUED BY THE COUNTY OF BUTTE FOR DRESCHER TRACT ASSESSMENT DISTRICT AND AUTHORIZE THE CHAIR TO SIGN. M S VOTE: l Y 2 Y 3 Y 9 Y S Y {Unanimously Carried) Page 165 May 25, 1999 May 25, 1999 Public Hearing and Timed Items 99-150 Continued Public Hearing - Hermann Von Rotz _ Lot Line Adjustment and Tentative Parcel Map - consideration of a lot line adjustment and tentative parcel map (item on which a negative declaration with mitigation measures regarding environmental impacts has been recommended) to create three parcels of 6.3 acres, 7.5 acres, and 5.1 acres from the resulting 19 acre parcel on property zoned FR-5 (Foothill Residential - 5 acre parcels). The property is located along the eastern bank of Butte Creek, off Centerville Road at Quail Run in the Butte Creek Canyon Area - action requested: A. SUBJECT TO FINDINGS I (A AND B} AS DETAILED IN THE STAFF REPORT DATED APRIL 27, 1999, ADOPT A NEGATIVE DECLARATION AND AUTHORIZE THE CHAIR TO SIGN; B. FIND THAT THIS PROJECT WILL HAVE AN IMPACT TO FISH AND/OR WILDLIFE HABITAT AND DIRECT THAT THE DEPARTMENT OF FISH AND GAME FEES BE PAID PURSUANT TO FISH AND GAME CODE SECTION 711.4(d)(3) AND 14 CCR 753.5; C. SUBJECT TO FINDING III (A) AS DETAILED IN THE STAFF REPORT DATED APRIL 27, 1999, AND SUBJECT TO THE CONDITIONS OF APPROVAL AS DETAILED IN EXHIBIT "A" OF THE STAFF REPORT DATED APRIL 27, 1999, DENY THE ^"'~ APPEAL AND UPHOLD THE DEVELOPMENT REVIEW COMMITTEE'S APPROVAL OF A LOT LINE ADJUSTMENT; AND D. SUBJECT TO FINDINGS IV (A-F) AS DETAILED IN THE STAFF REPORT DATED APRIL 27, 1999, AND SUBJECT TO THE CONDITIONS OF APPROVAL A5 DETAILED IN EXHIBIT "A" OF THE STAFF REPORT DATED APRIL 27, 1999, DENY THE APPEAL AND UPHOLD THE DEVELOPMENT REVIEW COMMITTEE'S APPROVAL OF THE TENTATIVE PARCEL MAP. (FROM 9-27-99) (**10$7) PUBLIC HEARING RECONVENED: 11:21 A.M. PUBLIC HEARING CLOSED: 11:56 A.M. Page 166 May 25, 1999 Mav 25. 1999 ^"" 99-150 MOTION: SUBJECT TO FINDINGS I (A AND B) AS DETAILED IN THE STAFF REPORT DATED APRIL 27, 1999, I MOVE TO ADOPT A NEGATIVE DECLARATION AND AUTHORIZE THE CHAIR TO SIGN; I FURTHER MOVE TO FIND THAT THIS PROJECT WILL HAVE AN IMPACT TO FISH AND/OR WILDLIFE HABITAT AND DIRECT THAT THE DEPARTMENT OF FISH AND GAME FEES BE PAID PURSUANT TO FISH AND GAME CODE SECTION 711.4 (d)(3) AND ~9 CCR 753.5. I MOVE TO AMEND THE CONDITIONS OF APPROVAL AS DETAILED IN EXHIBIT "A" OF THE STAFF REPORT DATED APRIL 27, 1999, AS FOLLOWS: CONDITION 12 IS AMENDED TO READ: "PRIOR TO, DR CONCURRENTLY WITH THE RECORDATION OF THE PARCEL MAP, PROVIDE A FULLY EXECUTED ROAD MAINTENANCE AGREEMENT ON THE COUNTY APPROVED FORM. THE MAINTENANCE AGREEMENT SHALL INCLUDE THE BRIDGE CROSSING BUTTE CREEK." CONDITION 23 IS AMENDED TO READ: "CERTIFY BRIDGE IS CAPABLE OF SUSTAINING LOADS AS DESCRIBED IN THE COUNTY CODE AND PROVIDE DOCUMENTATION FROM CDF THAT IT MEETS THE REQUIREMENTS OF THE BOARD OF FORESTRY PURSUANT TD THE REGULATIONS DF PUBLIC RESOURCE CODE 4290." SUBJECT TO THOSE AMENDED CONDITIONS OF APPROVAL, AND SUBJECT TO FINDING III (A) AS DETAILED IN THE STAFF REPORT DATED APRIL 27, 1999, I MOVE TO DENY THE APPEAL AND UPHOLD THE DEVELOPMENT REVIEW COMMITTEE'S APPROVAL OF A LDT LINE ADJUSTMENT. SUBJECT TO FINDINGS IV (A-F) AS DETAILED IN THE STAFF REPORT DATED APRIL 27, 1999, AND SUBJECT TO THE AMENDED CONDITIONS OF APPROVAL, I FURTHER MOVE TO APPROVE THE TENTATIVE PARCEL MAP. S M VOTE: l Y 2 N 3 N 4 Y 5 Y (Motion Carried} Regular Agenda 99-151 Report to the Board - Department of Social Welfare - 1998 Children and Adult Services Division Reports - action requested - ACCEPT FOR INFORMATION. ITEM REMOVED FROM THE AGENDA AND CONTINUED TO JUNE 8, 1999. 99-152 Budget Strategy Measures - presentation of budget strategy measures pertaining to the development of the Fiscal Year 1999-00 Proposed Budget - action requested - ACCEPT BUDGET STRATEGY MEASURES. (**3024)(***00) PRESENTATION TO THE BOARD BY JOHN S. BLACKLOCK, CHIEF ADMINISTRATIVE OFFICER, AND DAVE HOUSE R, AUDITOR-CONTROLLER. Page 167 May 25, 1999 May 25, 1999 99-153 Annual Elected Department Head Presentations - to discuss department issues and goals and to voice mutual concerns - action requested - ACCEPT FOR INFORMATION. A. Auditor-Controller B. Assessor ITEM REMOVED FROM THE AGENDA AND CONTINUED TO JUNE 8, 1999. 99-15~ Items removed from the Consent Agenda for Board consideration and action. (***1252) 1. Waste Management - the Public Works Department is requesting Board approval of a proposal, letter, and contracting agreement with Waste Management to prepare a Master Facilities Plan and Joint Technical Document for the Neal Road Landfill. The Master Facilities Plan will be utilized to provide a plan for site development that maximizes landfill capacity, provides for efficient development of the site, and accommodates landfill related facilities. The Joint Technical Document will be utilized to obtain subsequent permits and approval. The proposal and supplemental letter covers the work to be performed at a cost not to exceed $83,300 (Neal Road Management Fund) - action requested - APPROVE PROPOSAL, LETTER, AND CONTRACTING AGREEMENT AND AUTHORIZE THE DIRECTOR OF PUBLIC WORKS TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. ITEM CONTINUED TO JUNE 8, 1999. 99-155 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.) (***1557} 1. Candace Grubbs, County Clerk-Recorder, addresses the Board to thank them for their continued support of the Drescher Tract Assessment District and volunteers to work with Public Works and other departments to Create a defined procedure for this process for future groups who want to form a similar district to improve their roads. Page 168 May 25, 1999 May 25, 1999 99-156 CLOSED SESSION: The Board recessed at 12:59 p.m, to a closed session conference with legal counsel regarding actual litigation pursuant to Government Code Section 54956.9(a): Ernst v. County of Butte. Discussion on public employee performance evaluations pursuant to Government Code Section 54957: Agricultural Commissioner; Chief Administrative Officer; County Counsel; Director - Behavioral Health; Director - Development Services; Director - lnformation Systems; Director - Libraries; Director - Personnel; Director - Public Health; Director - Public Works; Director - Welfare Services; and Health Officer. Consideration of public employee appointment pursuant to Government Code Section 59957: Director of Water and Resource Conservation; and conference with labor negotiator pursuant to Government Cade Section 59957.6: Agency Negotiator: Don Turko; Employee Organizations: Communications Workers of America (Social Services Workers Unit). (***1590) RECONVENE: The Board reconvened at 3:56 p.m. from a conference with legal counsel regarding actual litigation pursuant to Government Code Section 54956.9(a): Ernst v. County of Butte. Discussion on public employee performance evaluations pursuant to Government Code Section 54957: Agricultural Commissioner; Chief Administrative Officer; County Counsel; Director - Behavioral Health; Director - Development Services; Director - Information Systems; Director - Libraries; Director - Personnel; Director - Public Health; Director - Public Works; Director - Welfare Services; and Health Officer. Consideration of public employee appointment pursuant to Government Code Section 59957: Director of Water and Resource Conservation; and conference with labor negotiator pursuant to Government Code Section 59957.6: Agency Negotiator: Don Turko; Employee Organizations: Communications Workers of America (Social Services Workers Unit). (NO ANNOUCEMENTS) Page 169 May 25, 1999 Mav 25, 1999 Communications 99-157 Communications received and referred. (COPIES OF ALL COMMUNICATIONS ARE AVAILABLE IN THE CLERK OF THE BOARb OFFICE.) A. Kristin Cooper Carter, Coordinator, Environmental Resource Program, Office of Sponsored Programs, California State University, Chico, writes to the Board to give amended notification of intent to apply for grant proposals to the CALFED Bay-Delta Program. (REFERRED TO SUPERVISOR DAVIS, SUPERVISOR DOLAN, CHIEF ADMINISTRATIVE OFFICER, COUNTY COUNSEL, AGRICULTURAL COMMISSIONER-WATER DIVISION, DEVELOPMENT SERVICES DIRECTOR, PUBLIC WORKS DIRECTOR, AND EMERGENCY SERVICES OFFICER [5-11-99]) B. Jack and Audry Angel, Durham, write to the Board to request permission to cross a no-access strip in front of their property and to allow construction of an "in- law" cottage. (REFERRED TO DIRECTOR OF PUBLIC WORKS AND DIRECTOR OF DEVELOPMENT SERVICES [5-12-99]) C. Supervisor Mary Anne Houx writes the Board to give notice of an informational meeting concerning the Rock Creek/Keefer Slough Flood Control Project which will be held at the Pleasant Valley Baptist Church, Garner Lane and Highway 99, June 7, 1999, from 5:30 p.m. to 7 p.m. D. A. T. Smith, Lieutenant, Commander of the Chico Area California Highway Patrol, sends the Board a copy of a memo from Officer Jerry Stites which recognizes and commends the outstanding work of Butte County Public Works employee Robin McCollum for his assistance in removing a tree which blocked vehicle passage on North Avenue in Chico. E. Marsha L. Berkbigler, Director o TCI of California, Inc., writes Office to give notice services, equipment, and effective June 1, 1999. f Government Relations, to the Administrative of adjustments to installation rates Page 170 May 25, 1999 May 25, 1999 ADJOU~tNMENT: There being no further business before the Board, the meeting was adjourned at 3:56 p.m. to reconvene at a regular meeting of the Board on Tuesday, June 8, 1999, at 9:00 a.rn. ATTEST: j NE DOLAN, Chair John S. Blacklock, Chief Ad~iinist ative Officer and Clerk of the Bo of 5 erv sors Page 171 May 25, 1999