HomeMy WebLinkAboutM060899BOARD OF SUPERVISORS
MINUTES
R. J. REELER, 1st District
JANE DOLAN, 2nd District
MARY ANNE HOUX, 3rd District
CURT JOSIASSEN, 4th District
FRED C. DAVIS, 5th District
June 8, 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; Susan Minasian, County Counsel; and Marion Reeves,
Assistant Clerk of the Board.
Pledge of Allegiance to the Flag of the United States of
America.
Invocation - Reverend Dixie Jennings-Teats, United Methodist
Church, Paradise.
Consent Agenda
99-158 1. Budget "Transfers - action requested - APPROVE BUDGET
TRANSFERS B-375 (Water and Resource Conservation [9/5
vote required]); B-371 (Public Health); B-378 (Welfare
[4/5 vote required); B-372 {Juvenile Hall); AND B-37Q
(Agricultural Commissioner [4/5 vote required]).
2. County Library Donations - in accordance with Government
Code Section 25355, donations of $1,586.96 from Chico
Friends of the Library and $500 from Paradise Friends of
the Library have been received for the Butte County
Trust Fund for the purchase of books - action
requested - ACCEPT DONATIONS AND AUTHORIZE LETTERS OF
APPRECIATION.
3. County Fire Department - in accordance with Government
Code Section 25355, a donation of $2,239.75 has been
received from the Bangor Volunteer Fire Company for the
purchase of a stock body for Squad 55. Board approval
is requested to transfer the funds, approve the
acquisition, and authorize a letter of appreciation -
action requested - APPROVE BUDGET TRANSFER B-374 (4/5
vote required); APPROVE PURCHASE OF STOCK BODY FOR SQUAD
55; AND AUTHORIZE A LETTER OF APPRECIATION TO BANGOR
VOLUNTEER FIRE COMPANY.
Page 172
June 8, 1999
99-158 4. Agreement Regarding Development of Lot 8, Keefer Ridge
Estates Subdivision -Board approval is requested by the
Public Health Department for an agreement which covers
the development of a permanent alternative sewage
disposal system for Lot 8, Keefer Ridge Estates
Subdivision in response to difficulties encountered
while completing the specified seepage pit sewage
disposal system - action requested - APPROVE AGREEMENT
AND AUTHORIZE THE CHAIR TO SIGN.
5. Inspection Easement - Board approval is requested by the
Public Health Department to accept an inspection
easement for Assessor's Parcel Number (APN) 047-610-001,
Keefer Road, Chico. The owners of the property have
completed an emergency repair of the failing septic tank
system and have offered the County an inspection
easement to allow for operational monitoring by the
Public Health Department - action requested - ACCEPT THE
OFFER OF INSPECTION EASEMENT AND AUTHORIZE THE CHAIR TO
SIGN.
6. Award of Bid No. 120-99 - Behavioral Health
Vehicle - bids have been opened for the purchase of a
four-door sedan for the Behavioral Health Department
with the low bidder meeting specifications being Corning
Ford of Corning in the amount of $16,206.51 (department
budget) including sales tax and Department of Motor
Vehicle fees - action requested - AWARD BID.
7. Peace Officers Standards and Training (POST) Multimedia
Training System - District Attorney - Board approval is
requested by the District Attorney far the purchase of
a POST computer-based multimedia training system to
assist in local jurisdiction training. POST has defined
the equipment specifications, recommended vendors, and
allows full reimbursement of up to $2,900 for the
equipment, tax, and shipping. The purchase must be made
by June 30, 1999, to obtain the reimbursement -
action requested - APPROVE BUDGET TRANSFER B-376 (4/S
vote required) ACCEPTING AND APPROPRIATING POST REVENUE
IN AN AMOUNT NOT TO EXCEED $2,900; AND APPROVE PURCHASE
OF POST SPECIFIED COMPUTER EQUIPMENT AND SOFTWARE FROM
A POST SPECIFIED VENDOR BY JUNE 30, 1999.
8. Data911 Software Licenses - Sheriff's Dispatch Center -
Board approval is requested by the Sheriff's Office to
purchase two additional software licenses to the Data911
dispatch system at a cost of 515,000 each (project
budget) - action requested - APPROVE PURCHASE OF FIXED
ASSET ITEMS.
Page 173 June 8, 1999
June 8, 1999
99-158 9. Sheriff's Patrol Vehicle - Sole Source Purchase - Board
-•-- approval is requested for the sole source purchase of a
1999 Ford Crown Victoria patrol vehicle from Payton
Wright Ford of Grapevine, Texas, in the amount of
$21,118 (department budget) plus sales tax and
transportation casts. A price savings of approximately
$1,500 can be realized if the vehicle is purchased from
the selected dealer - action requested - AUTHORIZE THE
SOLE SOURCE PURCHASE OF A PATROL VEHICLE.
10. Treasury Compliance Audit - the Butte Gounty
Treasury Oversight Committee is required to have an
annual compliance audit performed to ensure the County's
compliance with Government Code Article 6, Section 271.30
et. seq. The Treasurer-Tax Collector submits the audit
for fiscal year 1997--98 pursuant to Government Code
Section 27134 - action requested - ACCEPT FOR
INFORMATION.
11. County Service Area (CSA) #34 - Gridley Swimming Pool -
Loan Repayment - in July 1998 a loan in the amount of
$34,150 was granted to CSA #34. The funds needed to
repay the loan are available in Fund 440 {Gridley
Swimming Pool} and Board approval is requested for a
budget transfer to facilitate the repayment - action
requested - APPROVE BUDGET TRANSFER B-377 (4/5 vote
required); AND DIRECT THE AUDITOR-CONTROLLER TO MAKE THE
LOAN REPAYMENT TO THE COUNTY SERVICE AREA REVOLVING LOAN
FUND.
12. Adoption 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 an annual ordinance which delegates
investment authority to the Treasurer/Tax Collector
pursuant to Government Code Section 53607 - action
requested - ADOPT ORDINANCE 3518 AND AUTHORIZE THE CHAIR
TO SIGN. (FROM 5-25-99)
13. Adoption 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 II/I, 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 - ADOPT ORDINANCE 3519 AND
AUTHORIZE THE CHAIR TO SIGN. (FROM 5-25-99)
Page 174 June 8, 1999
June 8, 1999
99-158 19. Adoption of a Salary Ordinance Amendment - the
Behavioral Health Department has requested the Personnel
Department prepare a salary ordinance amendment which 'r"'"
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 - ADOPT ORDINANCE 3520 AND
AUTHORIZE THE CHAIR TO SIGN. (FROM 5-25-99)
15. Adoption 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 Voters (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- ..r
Elections I ($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 - $12.79) to
Deputy County Clerk-Recorder III ($12.67 - $15.40), one
position of Supervisor-Micrographics ($10.43 - $12.68)
to Deputy County Clerk-Recorder II ($11.02 - $13.40),
three positions of Recordable Document Examiner II
($10.48 - $12.74) to Deputy County Clerk-Recorder II
($11.02 - $13.90), three positions of Office
Assistant II ($$.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 of Elections Technician, Senior
Elections Technician, Supervising Elections Technician,
Supervisor-Recordable Document, and Supervisor-
Micrographic - action requested - ADOPT ORDINANCE 3521
AND AUTHORIZE THE CHAIR TO SIGN. (FROM 5-25-99)
Page 175 June 8, 1999
June 8, 1999
99-158 16. Adoption 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 - ADOPT ORDINANCE 3522 AND
AUTHORIZE THE CHAIR TO SIGN. (FROM 5-25-99)
17. Adoption 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 III/II/I. Flexibly staffing these
positions will give the department greater flexibility
in the selection and training of staff - action
requested - ADOPT ORDINANCE 3523 AND AUTHORIZE THE CHAIR
TO SIGN. (FROM 5-25-99)
18. Adoption 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 - ADOPT ORDINANCE 3524 AND
AUTHORIZE THE CHAIR TO SIGN. (FROM 5-25-99)
19. Adoption 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 Ga1WORKs
rules implemented January 1, 199$. 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 Glerk 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 - ADOPT ORDINANCE 3525 AND
AUTHORIZE THE CHAIR TO SIGN. (FROM 5-25-99)
Page 176 June 8, 1999
June 8, 1999
99-158 20. Introduction of a Salary Ordinance Amendment and '~
Position Allocation - Preliminary Budget for Fiscal Year
1999-2000 - the proposed salary ordinance incorporates
changes associated with recommendations contained in the
proposed budget for fiscal year 1999-2000. Board of
Supervisors: extends one term position of Supervisor's
Administrative Assistant or Supervisor's Clerical Aid
(term to end 6-30-00}. Administrative - Emergency
Services: adds one 1/9-time term position of Office
Assistant II/I (term to end 2-1-00}. Personnel:
deletes one position of Personnel Analyst II/I; adds one
position of Personnel Analyst III/II/i. District
Attorney-Criminal: extends one term position of
Investigative Assistant and one term position of Legal
Typist Clerk or Office Assistant II (terms to end
6-30-40}. District Attorney-Family Support Division:
adds one position of Investigative Assistant and one
position of Information Systems Technician II. Sheriff-
Coroner - Services: extends one term position of
Deputy Sheriff (term to end 6-30-00). Probation:
adds four positions of Probation Officer III/II/I;
extends one term position of Probation Officer III/II/I
and one 3/4-time term position of Office Assistant II
(terms to end 6-30T00). Development Services - Building
Inspection: deletes one position of Engineering
Technician TI/I. Public Guardian-Public Administrator: ~"~
the section is deleted in its entirety. Public Works-
Engineering and Administration: adds one position of
Engineering Technician II/I. Public Health-General
Services: extends one term position of Public Health
Assistant I (term to end 12-31-99). Welfare-
Administration: adds ane position of Staff Services
Systems Specialist, one position of Accounting
Specialist/Senior Account Clerk/Account Clerk, one
position of Office Assistant II/I, one position of
Office Assistant III, and one position of Paralegal.
Welfare-Services: adds one position of Social Worker IV.
Welfare-Public Guardian is added together with the
following positions: one position of Manager-Public
Guardian/Public Administrator, and two positions of
Specialist-Public Guardian/Public Administrator. Salary
Plan for Appointed Department Heads: deletes one
position of Public Guardian/Public Administrator -
action requested - WAIVE READING OF THE ORDINANCE.
21. Introduction of an Ordinance - Board approval is
requested by the General Services Director for an
ordinance which would repeal Chapter 2, Article IX of
the Butte County Code entitled "Purchasing" and adds
Chapter 46, Articles I through V entitled "Purchasing
Ordinance" to the Butte County Code pursuant to Section --~
20150.5 of the Public Contract Code and the Uniform
Public Construction Cost Accounting Act (Section 22000,
et. seq. of the Public Contract Code) - action
requested - WAIVE READING OF THE ORDINANCE.
Page 177 June 8, 1999
June 8, 1999
99-158 22. Exchange Programs Agreement No. X99-5912(028) - 1999
Federal Apportionment Exchange Program and State Match
Program - Board approval is requested by the Public
Works Department for an agreement which provides for the
exchange of Federal apportionment funds for a like
amount of State Highway Account funds and the
disbursement of State matching funds for fiscal year
1998-99. The exchange of funds enables the expenditure
of funds on projects without the need to comply with
Federal and State guidelines - action requested - ADOPT
RESOLUTION 99-78 APPROVING AGREEMENT AND AUTHORIZE THE
CHAIR TO SIGN.
23. Megabyte Systems - Board approval is requested by the
Development Services Department for an amendment to the
agreement with Megabyte Systems to rewrite and upgrade
the integrated property system to allow the Development
Services Department access to information needed for the
permit issuance process. The amendment is in an amount
not to exceed $10,000 (department budget) with all other
terms and provisions remaining the same - action
requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE
THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL
AND THE AUDITOR-CONTROLLER. (Contract No. X10099)
24. State Department of Health Services - Women, lnfants and
Children (WIC) - Amendment No. 98-14567-01 - Board
approval is requested by the Public Health Department
for an amendment to the agreement with the State
Department of Health Services which provides additional
funding for the WIC Supplemental Nutrition Program. The
amendment provides an increase in the maximum amount
payable to the County of $20,185 (100% State Funds) to
cover the cost of providing WIC services from
October 1, 1998, through September 30, 1999 - action
requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE
THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL
AND THE AUDITOR-CONTROLLER. {Contract No. 840039)
25. Metcalf & Eddy, Inc. - Board approval is requested by
the Public Works Department for an amendment to the
agreement with Metcalf & Eddy, Inc., to conduct a
feasibility study and design of an on-site disposal
system to provide additional capacity in the septage
ponds at the Neal Road Landfill. The Public Works
Department has reviewed the design and has requested
significant modifications that exceed the scope of work
of the original project. The amendment provides for an
additional $2,000 (Neal Road Septage Fund} to cover the
requested modifications and services - action
requested - APPROVE CHANGE ORDER REQUEST AND AMENDMENT
TO CONSULTING AGREEMENT DATED MAY 25, 1999, AND
AUTHORIZE THE DIRECTOR OF PUBLIC WORKS TO SIGN SUBJECT
TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-
CONTROLLER. (Contract No. X11115)
Page 178 June 8, 1999
June 8, 1999
99-158 26. Justice Benefits, Inc. - Board approval is requested by
the Sheriff's Office for an agreement with Justice
Benefits, Inc., for services to assist the County in
making application to the Federal Government for
reimbursement of correctional facility costs. The
agreement provides far Justice Benefits, Inc., to
receive 220 of the actual reimbursements received by the
County, which are estimated to be between $400,000 and
$600,000. Board approval is also requested on an
application prepared by Justice Benefits, Inc., to the
Bureau of Justice for reimbursement under the State
Criminal Alien Assistance Program - action requested -
APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN
SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-
CONTROLLER; AND APPROVE APPLICATION FOR REIMBURSEMENT
AND AUTHORIZE THE CHIEF ADMINISTRATIVE OFFICER TO SIGN
SUBJECT TO APPROVAL OF COUNTY COUNSEL.
27. Coroner's Contract - Board approval is requested by the
Sheriff's Office for an amendment to the agreement with
various mortuaries and funeral homes for the provision
of Coroner services. The amendment provides for
increases in removal, storage, administrative services,
and autopsy fees. The estimated annual amount of the
amended agreement is $15,000 (department budget} with
all other terms and conditions remaining in full force
and effect - action requested - APPROVE AGREEMENT
AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract
No. X11124}
28. 1999 Turn-back Water Pool Program - the Board previously
approved participation in the 1999 Turn-back Water Pool
Program which offered the County the opportunity to turn
back additional water ordered to a common pool of
project water for possible sale to other entities.
These entities pay the Delta water charges for County
entitlements plus an additional amount ranging from
$0.25 to $0.50 per acre foot. The Turn-back Water Pool
Program is a two-tiered program with water sold in the
first round {Pool A) netting 50~ of the Delta charge and
water sold in the second round {Pool B) netting 25~ of
the Delta charge. The 1999 Turn-back Water Pool Program
is complete and the County will receive $11,012 for 934
acre feet of water sold in Pool A and $6,820 for 1,156
acre feet of water sold in Pool B - action requested -
AUTHORIZE THE AGRICULTURAL COMMISSIONER TO SIGN THE
LETTER AGREEMENTS WITH THE STATE DEPARTMENT OF WATER
RESOURCES FOR THE SALE OF POOL A AND POOL B
ENTITLEMENTS.
Page 179 June 8, 1999
June 8, 1999
99-158 29. Valley Oak Children's Services - Stage Two CaIWORKs
Child Care Services - Board approval is requested by the
Welfare Department for an agreement with Valley Oak
Children's Services for the provision of child care
services under stage two of the Ca1WORKs Child Care
Program. The term of the agreement is July 1, 1999,
through June 30, 2000, in the maximum amount payable of
$1,731,366 (Ca1WORKs funds) - action requested - APPROVE
AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO
APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER.
30. Northern Valley Catholic Social Service - Board approval
is requested by the Welfare Department for an agreement
with Northern Valley Catholic Social Service for the
provision of Cal-Learn Program services. The Cal-Learn
Program is designed to keep pregnant and parenting teens
in school and enhance the health of their children
through intensive case management and coordination of
community services. The term of the agreement is
July 1, 1999, through June 30, 2000, in the maximum
amount of $190,000 (50% Federall 50~ State) - action
requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO
SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE
AUDITOR~CONTROLLER.
31. Request for School Bond Election - Oroville City
Elementary School District, by Resolution No. 98-99-11,
is requesting the Butte County Elections Department
conduct a special school bond election to be held on
Tuesday, September 28, 1999. The cost of the election
will be paid by the District - action requested -
AUTHORIZE THE COUNTY CLERK TO CONDUCT THE SPECIAL SCHOOL
BOND ELECTION.
32. Request for Special Election - Oroville City Elementary
School District is requesting the Butte County Elections
Department conduct a special election to fill a vacancy
an the Oroville City Elementary School Board of Trustees.
pursuant to California Education Code Section
5091 (c){1)(2). The election will be consolidated with
the special school bond election for the District -
action requested - AUTHORIZE THE COUNTY CLERK TO CONDUCT
THE SPECIAL ELECTION TO FILL A VACANCY ON THE OROVILLE
CITY ELEMENTARY SCHOOL DISTRICT BOARD OF TRUSTEES. (100)
MOTION: I MOVE TO APPROVE THE CONSENT AGENDA WITH THE REQUESTED ACTION
ON ITEMS 3.17 AND 3.18 AMENDED TO READ, "...ADOPT ORDINANCE
AND AUTHORIZE THE CHAIR TO SIGN."
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
Page 180 June 8, 1999
June 8, 1999
CHAIR DOLAN, ALONG WITH SUPERVISOR DAVIS, SUPERVISOR '~'~`
JOSIASSEN, AND BUTTE COUNTY FIRE CHIEF SAGER, PROVIDED AN
UPDATE ON THE STATUS OF THE MUTUAL AID FIRE PROTECTION
AGREEMENT WITH THE CITY OF CHICO, STATING THAT AFTER 20 YEARS
OF NEGOTIATIONS, THE AGREEMENT TS EXPECTED TO BE APPROVED BY
THE CITY OF CHICO ON JUNE 15, 1999.
99-159 CL05ED SESSION: The Board recessed at 9:20 a.m. to a closed
session conference with legal counsel
regarding actual litigation pursuant to
Government Code Section 54956.9(a): Soto v.
County of Butte, Gunn v. County of Butte, and
Equal Employment Opportunity Commission Case
Na. 370970059; and conference with legal
counsel regarding significant exposure to
litigation pursuant to Government Code
Section 54956.9(b)(1): one potential case.
(305)
Regular Agenda
99-160 Consideration of a letter of opposition to Senate Bill 1277
(Hayden). (345)
THIS ITEM REMOVED FROM THE AGENDA, NO ACTION 'T'AKEN. THE $ILL
FAILED TO PASS COMMITTEE.
99-16I Adoption of an Ordinance - Fire Protection Clearance Around
Power Poles - the Fire Warden is requesting the Board approve
an ordinance which adds sections 2-173, entitled "Fire
Protection Clearance Around Power Poles and Power Lines" to
Article XX of Chapter 2 of the Butte County Code - action
requested - ADOPT ORDINANCE AND AUTHORIZE THE CHAIR TO SIGN.
[FROM 5-11-99])(350)
ITEM REMOVED FROM THE AGENDA, NO ACTION TAKEN. CHIEF SAGER
INFORMED THE BOARD THAT THE ITEM IS NO LONGER NECESSARY AS AN
AGREEMENT HAS BEEN REACHED WITH THE VARIOUS AGENCIES REGARDING
THE SAFETY ISSUES.
99-162 Appointments - Commissions and Committees (357)
A. Appointments to committee vacancies. (NONE)
Page 181 June 8, 1999
June 8, 1999
'~" 99-163 Update on legislative and budget activities. (360) JOHN S.
BLACKLOCK, CHIEF ADMINISTRATIVE OFFICER, INFORMS THE BOARD
THAT THE STATE BUDGET CONFERENCE COMMITTEE HAS NOT ADDRESSED
THE LOCAL GOVERNMENT ISSUES TO DATE. HE STATED THAT THE
GOVERNOR CONTINUES TO OPPOSE ANY RETURN OF ERAF, INCLUDING
PLACING A CAP ON ERAF, HOWEVER, THE LEGISLATURE IS CONSIDERING
A PROPOSAL TO PROVIDE ONE-TIME FUNDING ASSISTANCE TO
LOCAL GOVERNMENTS. MR. BLACKLOCK ENCOURAGED CITIZENS TO
CONTINUE SENDING LETTERS TO THE GOVERNOR AND THE CONFERENCE
COMMITTEE ASKING FOR THE RETURN OF PROPERTY TAXES TO LOCAL
GOVERNMENTS. MR. BLACKLOCK, ALONG WITH THE BOARD, THANKED THE
CITIZENS WHO HAVE SENT LETTERS TO THE CAPITOL, AND ESPECIALLY
THANKED EDNA MAE FAIRCLOTH FOR HER INCREDIBLE EFFORTS IN THE
LETTER WRITING CAMPAIGN. CHAIR DOLAN READ FROM A NEWS ARTICLE
THAT SENATE PRO TEM JOHN BURTON HAD STATED THAT LOCAL
GOVERNMENTS COULD COUNT ON A GREATER SHARE OF THE STATE
SURPLUS THAN PROPOSED BY GOVERNOR DAM S.
THE BOARD RECESSED TO THE CLOSED SESSION CONFERENCE ANNOUNCED
IN MINUTE ORDER NUMBER 99-159.
99-159 RECONVENE: The Board reconvened at 9:97 a.m. from a
closed session conference with legal counsel
regarding actual litigation pursuant to
Government Code Section 54956.9(a}: Soto v.
County of Butte, Gunn v. County of Butte, and
Equal Employment Opportunity Commission Case
No. 370970059; and conference with legal
counsel regarding significant exposure to
litigation pursuant to Government Code
Section 54956.9{b)(1): one potential case.
{440) NO ANNOUNCEMENTS.
Regular Agenda
99-169 Consideration of an Urgency Interim Ordinance Regarding
Cellular Towers - action requested - ADOPT ORDINANCE AND
AUTHORIZE THE CHAIR TO SIGN. (FROM 5-25-99){467)
MOTION: SUBJECT TO THE FINDINGS {A-G) AS DETAILED IN THE STAFF
MEMORANDUM DATED JUNE 8, 1999, I MOVE TO ADOPT ORDINANCE 3526
AND AUTHORIZE THE CHAIR TO SIGN.
M S
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
BOARD DIRECTION THAT A COMMITTEE COMPRISED OF TWO BOARD
MEMBERS, COUNTY STAFF, CITIZENS, AND REPRESENTATIVES OF
.r. INDUSTRY, BE FORMED TO ADDRESS THIS ISSUE WITH REGARDS TO THE
PERMANENT ORDINANCE, AND TO BRING FORWARD A RECOMMENDATION TO
THE FULL BOARD. FURTHER DIRECTION THAT THE PROPOSED PERMANENT
ORDINANCE INCLUDE A PROVISION WHICH WOULD APPOINT THE BOARD OF
SUPERVI50RS AS THE HEARTNG BODY FOR ALL SPECIAL PERMITS.
Page 182 June 8, 1999
June 8, 1999
Public Hearing and Timed Items
99-165 Public Hearing - East Avenue Underground Utility District
No. 12 - consideration of the formation of an underground
utility district on the south side of East Avenue between
Esplanade and Conners Avenue - action requested - ADOPT
RESOLUTION ESTABLISHING UNDERGROUND UTILITY DISTRICT EAST
AVENUE NO, 12. (FROM 5-11-99) {2864)
PUBLIC HEARING OPENED: 10:56 A.M.
PUBLIC HEARING CLOSED: 10:56 A.M.
MOTION: ADOPT RESOLUTION 99-79 ESTABLISHING UNDERGROUND UTILITY
DISTRICT EAST AVENUE NO. 12.
M S
VOTE: 1 Y 2 Y 3 Y 4 Y S Y (Unanimously Carried)
99-166 Public Hearing - Ordinance to Adopt the 1998 California
Building Standards Code - consideration of an ordinance which
amends Chapters 26 - Buildings, 26 B - Mechanical, 27 -
Electricity, and 28 - Plumbing, of the Butte County Code -
action requested - ADOPT ORDINANCE AND AUTHORIZE THE CHAIR TO
SIGN. {FROM 5-11-99) (3375)(**00)
PUBLIC HEARING OPENED: 10:59 A.M.
PUBLIC HEARING CLOSED: 11:00 A.M.
MOTION: I MOVE TO ADOPT ORDINANCE 3527 AND AUTHORIZE THE CHAIR TO
SIGN.
M S
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y {Unanimously Carried)
Page 183 June 8, 1999
June B, 1999
99-167 Public Hearing - Butte County Planning Commission - Zoning
Code Amendments - consideration of zoning code amendments to
Sections 24-280 and 24-305.375 of the Butte County Code (item
determined to be a general rule exemption from environmental
review) revising the requirements and the definition of Second
Dwelling Units. Major revisions include requiring the Second
Dwelling Unit to be attached to the primary dwelling and not
exceed 690 square feet in the urban areas of the County.
Outside the Urban areas, Second Dwelling Units will not be
limited in size, but will only be permitted on parcels that
have twice the minimum acreage required by the zoning
district. Also proposed is a revision to Section 24-235, WP -
Watershed Protection Zone, to preclude Second Dwelling Units
within this zone district -- action requested:
A. REPEAL SECTION 24-290 OF ARTICLE V AND SECTION 29-
305.375 OF ARTICLE VI OF CHAPTER 24 OF THE BUTTE COUNTY
CODE; AND
B. SUBJECT TO FINDINGS I B(1 - 4) AS DETAILED IN THE STAFF
REPORT DATED JUNE 8, 1999, ADOPT AN ORDINANCE TO REPLACE
SECTION 29-280 OF ARTICLE V AND SECTION 24-305.375 OF
ARTICLE VI OF CHAPTER 24 OF THE BUTTE COUNTY CODE AS
PROVIDED IN ATTACHMENT "A" OF THE STAFF REPORT DATED
JUNE 8, 1999. (**51)
PUBLIC HEARING OPENED AT 11:15 A.M. AND CONTINUED OPEN
TO JULY 13, 1999, AT 11:30 A.M.
BOARD DIRECTION TO STAFF TO AMEND THE ORDINANCE TO INCLUDE
PROVISIONS FOR: l.) THE CONSIDERATION OF EXCEPTIONS TO THE
ORDINANCE THROUGH A FULL USE PERMIT PROCESS; AND 2.) THAT
SECOND DWELLING UNITS WILL ONLY BE ALLOWED IN THE WATER
PROTECTION ZONE WITH A FULL USE PERMIT. THIS ITEM IS TO BE
REFERRED TO THE PLANNING COMMISSION FOR REVIEW AND COMMENT, IF
NECESSARY, AND RETURNED TO THE BOARD FOR CONSIDERATION
ON JULY 13, 1999, AT 11:30 A.M.
RECESS: 12:13 P.M.
RECONVENE: 12:21 P.M.
Regular Agenda
99-168 Annual Elected Department Head Presentations - Assessor - to
discuss department issues and goals and to voice mutual
concerns - action requested - ACCEPT FOR INFORMATION. (FROM
5-25-99)(**2583)(***00)
PRESENTATION TO THE BOARD BY KEN REIMERS, COUNTY ASSESSOR.
Page 184 June 8, 1999
June 8, 1999
99-169 Report to the Board - Department of Social Welfare - 1998
Children and Adult Services Division Reports - action
requested - ACCEPT FOR INFORMATION. (FROM 5-25-99) (***263)
PRESENTATION TO THE BOARD BY PAT CRAGAR, WELFARE DIRECTOR.
99-170 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. (FROM 5-25-99) (***904)
MOTION: I MOVE TO 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.
M S ~
VOTE: 1 Y 2 N 3 Y 9 Y 5 Y (Motion Carried)
99-171 Request to Cross No Access Strip - consideration of a request
to install a driveway across the one-fact no access strip
located on the parcel frontage on Goodspeed Street in Durham -
actian requested - APPROVE THE REQUEST AND REQUIRE THE OWNERS
OBTAIN AN ENCROACHMENT PERMIT FROM PUBLIC WORKS PRIOR TO THE
INSTALLATTON OF THE DRIVEWAY. (***942)
MOTION: I MOVE TO APPROVE THE REQUEST AND REQUIRE THE OWNERS OBTAIN AN
ENCROACHMENT PERMIT FROM PUBLIC WORKS PRIOR TO THE
INSTALLATION OF THE DRIVEWAY.
S M
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
99-172 Interpretation of Grading Ordinance - Supervisor Beeler has
requested an interpretation of the grading permit exemption
provided in Butte County Code Section 13-5(a} - action
requested - DETERMINE THE CORRECT INTERPRETATION OF THE
GRADING PERMIT EXEMPTION AND WHETHER IT APPLIES TO GRADING
EXCEEDING 1,000 CUBIC YARDS. (***1009)(****00)
ITEM CONTINUED TO THE AGENDA OF JUNE 22, 1999.
BOARD DIRECTION TO STAFF TO PROVIDE AN ANALYSIS OF THE ISSUES ~+
AND TO BRING A RECOMMENDATION TO THE BOARD FOR CONSIDERATION.
Page 185 June 8, 1999
June 8, 1999
99--173 CALFED Bay-Delta Grant Proposal Review - consideration of the
formation of a subcommittee to review applications recommended
for funding under the CALFED Bay-Delta Ecosystem Restoration
Program for projects in Butte County - action requested -
ACCEPT THE RECOMMENDATION OF THE DEPARTMENT OF WATER AND
RESOURCE CONSERVATION AND AUTHORIZE THE CHAIR AND VICE CHAIR
OF THE BOARD TO FORM A SUBCOMMITTEE TO REVIEW THE GRANT
PROPOSALS RECOMMENDED FOR FUNDING UNDER THE CALFED BAY-DELTA
ECOSYSTEM RESTORATION PROGRAM AND AUTHORIZE THEM TO COMMENT ON
BEHALF OF THE COUNTY. {****306)
MOTION: I MOVE TO ACCEPT THE RECOMMENDATION OF THE DEPARTMENT OF WATER
AND RESOURCE CONSERVATION AND APPOINT THE CHAIR AND VICE CHAIR
OF THE BOARD AS THE SUBCOMMITTEE TO REVIEW THE GRANT PROPOSALS
RECOMMENDED FOR FUNDING UNDER THE CALFED BAY-DELTA ECOSYSTEM
RESTORATION PROGRAM AND AUTHORIZE THEM TO COMMENT ON BEHALF OF
THE COUNTY.
S M
VOTE: I Y 2 Y 3 Y 9 Y 5 Y {Unanimously Carried)
99-174 Public Comment {PRESENTATIONS WILL $E 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.)(****365){NONE)
99-175 CLOSED SESSION: The Board recessed at 2:15 p.m. to a closed
session conference for consideration of a
public employee appointment pursuant to
Government Code Section 54957: Director of
Water and Resource Conservation. 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.
Conference with labor negotiator pursuant to
Government Code Section 54957.6: Agency
Negotiators: William Avery and Donald Turko;
Employee Organizations: Butte County
Employees Association (General Unit); Butte
County Management Employees Association
(Management, Confidential, and Supervisory
Unit); Communications Workers of America
(Social Services workers Unit); and Butte
County Deputy Sheriff's Association (Law
Enforcement Management and General Units).
{****371)
Page 186 June B, 1999
June 8, 1999
99-175 RECONVENE: The Board reconvened at 5:12 p.rn, from a
closed session conference for consideration
of public employee appointment pursuant to
Government Code Section 54957: Director of
Water and Resource Conservation. 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.
Conference with labor negotiator pursuant to
Government Code Section 54957.6: Agency
Negotiators: William Avery and Donald Turko;
Employee Organizations: Butte County
Employees Association (General Unit); Butte
County Management Employees Association
(Management, Confidential, and Supervisory
Unit); Communications Workers of America
(Social Services Workers Unit); and Butte
County Deputy Sheriff's Association (Law
Enforcement Management and General Units},
NO ANNOUNCEMENTS
Communications
99-176 Communications received and referred. (COPIES OF ALL
COMMUNICATIONS ARE AVAILABLE IN THE CLERK OF THE BOARD
OFFICE.)
A. Wendy Halverson Martin, Restoration Coordinator, CALFED
Bay-Delta Program, writes to notify the Board of the 30
proposals which were submitted to the CALFED Bay-Delta
Program for the purpose of soliciting funds from the
Restoration Coordination Programs. (REFERRED TO
SUPERVISOR DQLAN, SUPERVISOR DAVIS, CHIEF ADMINISTRATIVE
OFFICER, COUNTY COUNSEL, DEPARTMENT OF WATER AND
RESOURCE CONSERVATION, DEVELOPMENT SERVICES DIRECTOR,
PUBLIC WORKS DIRECTOR, AND EMERGENCY SERVICES
OFFICER [5-21-99])
B. A.R. Schoenfeld, Chairman, Cusick Area Neighborhood
Council, writes the Board to express the Council's
thanks for the Board's approval of the amended alignment
of the SR32/Eaton Road Bypass and urges the Board to
take a strong leadership role in expediting the route's
funding. (REFERRED TO CHIEF ADMINISTRATIVE OFFICER AND
DIRECTOR OF PUBLIC WORKS [6-1-99])
Page 187 June 8, 1999
June 8, 1999
ADJOURNMENT: There being no further business before the
Board, the meeting was adjourned at 5:12 p.m.
to reconvene at a special meeting on Tuesday,
June 10, 1999, at 9:00 a.m.
~ .`
`,
~ JAN ~ DOLAN, Chair
ATTEST:
John S. Blacklock, Chief Administrative Officer
and Clerk of the Board of Supervisors
,~
Page 188 June 8, 1999