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HomeMy WebLinkAboutM062398MINUTES BOARD OF SUPERVISORS R. J. BEELER,1st Districx JANE DOLAN, 2nd District MARY ANNE ROUX 3rd District CURT JOSIASSEN, 4th District FRED C. DAMS, 5th District June 23. 1998 Call to order - Board of Supervisors Room, County Administration Building, 25 County Center Drive, Oroville. Present: Supervisors Beeler, Dolan, Houx, Josiassen and Chair Davis. John S. Blacklock, Chief Administrative Officer; Susan Minasian, County Counsel; and Marion Reeves, Deputy Clerk of the Board. Pledge of Allegiance to the Flaq of the United States of America. Invocation - Reverend Bob Shell, Evangelical Free Church, Chico. 96-193 Items removed from the Consent Agenda for Board consideration and action. 1. Approval of plans and specifications for storm damage repair on Forbestown Road at 0.36 miles northwest of Robinson Mill Road; County Project No. 27581-98-1 - plans and specifications have been completed for the project - action requested - APPROVE PLANS AND SPECIFICATIONS; AUTHORIZE THE CHAIR AND THE DIRECTOR OF PUBLIC WORKS TO SIGN PLANS; ADOPT A WAGE SCALE; AND AUTHORIZE PUBLIC WORKS TO ADVERTISE FOR BIDS. Consent Agenda 98-194 1. Approval of minutes - action requested - APPROVE MINUTES OF MAY 29, 1998; JUNE 4, 1998; AND JUNE 9, 1998. 2. Budget transfers - action requested - APPROVE BUDGET TRANSFERS B-379 (WELFARE), B-375 (SHERIFF), B-376 (BEHAVIORAL HEALTH), B-373 (BEHAVIORAL HEALTH), AND B-382 (PROBATION/APPROPRIATION FOR CONTINGENCIES [4/5 VOTE REQUIRED]). Page 201 June 23, 1998 June 23, 1998 98-194 3. County Library donations - in accordance with Government Code Section 25455, donations of $3,040 from Chico Friends of the Library; $2,100 from Gridley Friends of the Library, $2,000 from Mary Kelly, Chico, and $350 from Quota Club of Paradise, have been received for the Butte County Trust Fund for the Purchase of books - action requested - ACCEPT DONATIONS AND AUTHORIZE LETTERS OF APPRECIATION. 4. Biggs Memorial Hall Committee - action requested - REAPPOINT RAY VALVERDE (U.S. NAVY), ANTONIO AIRISA (U.S. AIR FORCE), NORRIS ANDERSON (U.S. ARMY), ERNEST HO}~l~N, JR. (U.S. ARMY), MIKE MCDONALD (U.S. ARMY), AND FRANK MATHAUSER (U.S. ARMY), TO TERMS TO EXPIRE JUNE 30, 1999. 5. Gridley Memorial Hall Committee - action requested - REAPPOINT TIM TOKUNO (VFW POST 5731}, WILLIAM FARR (VFW POST 5731), RAY L. ROBERTS (NORTH VALLEY SENIOR DANCE GROUP), AND DALE ERICKSON (VFW POST 5731) TO TERMS TO EXPIRE JUNE 30, 1999; AND APPOINT MARIO DUARTE (AMERICAN LEGION POST 210) TO A TERM TO EXPIRE JUNE 30, 1999. 6. Oroville Memorial Hall Committee - action requested - REAPPOINT CHARLES ROBERTSON (AMERICAN LEGION POST 95), ROLAND STRANG (AMERICAN LEGION POST 95), DALE DEMO (VFW --- POST 9602), AND LLOYD M. BLACKWELL (VFW POST 9602) TO TERMS TO EXPIRE JUNE 30, 1999; AND APPOINT JIM ERSKIN (U.S. SUB-VETS WWII) TO A TERM TO EXPIRE JUNE 30, 1999. 7. Butte County Behavioral Health Board - action requested - APPOINT RUTH W. FOURIER (CONSUMER MEMBER) TO A TERM TO EXPIRE DECEMBER 1998. 8. Regort to the Board - Central Buttes General Plan Amendment - the Planning Commission submits to the Board a formal summary of actions with regards to the above entitled project. Butte County Code Section 24-25.40 requires the Board to schedule a public hearing within 90 days from the date of receipt of the Planning Commission's recommendations. The applicant has requested that the hearing date for this item not be set until completion of a fiscal study and revised project information can be submitted - action requested - POSTPONE SETTING OF PUBLIC HEARING UNTIL APPLICANT PROVIDES UPDATED PROJECT INFORMATION AND FISCAL STUDY. 9. Award of Bid No. 147-98 - Behavioral Health Department - bids have been opened for the purchase of a 12 passenger van with the low bidder meeting specifications being New Jackson Ford of Martell in the amount of $22,002.30 (Department budget), including sales .._ tax and Department of Motor Vehicle fees - action requested - AWARD BID. Page 202 June 23, 1998 June 23, 1998 _ 98-194 10. Award of Bid No. 148-98 - Probation Department - bids have been opened for the purchase of five full-sized sedans with the low bidder being Larry Geweke Ford of Yuba City in the amount of $90,315 (Department budget), including sales tax and Department of Motor Vehicle fees - action requested - AWARD BID. 11. Main jail remodel project (Bid No. 153-98) - plans and specifications have been prepared for the remodeling of the main jail - action requested - APPROVE PLANS AND SPECIFICATIONS AND SET THE BID OPENING FOR AUGUST 5, 1998, AT 2:30 P.M. IN THE BUTTE COUNTY PURCHASING OFFICE. 12. Construction of fiber optics conduits (Bid No. 159-98) - plans and specifications have been prepared for the project - action requested - APPROVE PLANS AND SPECIFICATIONS; APPROVE BUDGET TRANSFER B-378, AND SET THE BID OPENING FOR JULY 23, 1998, AT 2:30 P.M. IN THE BUTTE COUNTY PURCHASING OFFICE. 13. Resolutions establishing appropriations limits for fiscal year 1998-99 as required by Section 7910, Division 9 of the California Government Code - action requested - ADOPT RESOLUTIONS 98-95 AND 98-96 AND AUTHORIZE THE CHAIR TO SIGN. -- 14. Monthly Investment Report - the Treasurer-Tax Collector submits the May 29, 1998, report in accordance with the Butte County Statement of Investment Policy dated July 1, 1997 - action requested - ACCEPT FOR INFORMATION. 15. Resolution agreeing to impose ad valorem property taxes to secure Chico Unified School District general obligation bonds - Chico Unified School District was authorized to issue general obligation bonds in a maximum principal amount of $48,725,000 at the special municipal election held April 19, 1998. A resolution imposing an ad valorem property tax to secure these general obligation bonds is required - action requested - ADOPT RESOLUTION 98-97 AND AUTHORIZE THE CHAIR TO SIGN. 16. South Oroville weed abatement - proposed is an agreement for weed abatement services for alley ways in the unincorporated areas of south Oroville. Due to above normal precipitation this year, growth of weeds in the alley ways is severe and poses a considerable fire hazard. E1 Medio Volunteer Fire District will perform weed abatement services in the alley ways where ownership is uncertain for $200 (Housing and Community Development (HCD) Program Income) - action requested - APPROVE USE OF HCD PROGRAM INCOME FOR WEED ABATEMENT SERVICES. 17. Adoption of a salary ordinance amendment adding one Investigative Assistant or District Attorney Investigator I position to the District Attorney Office- Criminal Unit, retroactive to June 9, 1998 - action requested - ADOPT ORDINANCE 3432 AND AUTHORIZE THE CHAIR TO SIGN. (FROM 6-9-98) Page 203 June 23, 1998 June 23, 1998 98-194 18. Resolution in Recognition of Carol Roach on her retirement from the County - action requested - ADOPT _.._. RESOLUTION 98-98 AND AUTHORIZE THE CHAIR TO SIGN. 19. Resolution in Recognition of Juanita Moxley on her retirement from the County - action requested - ADOPT RESOLUTION 98-99 AND AUTHORIZE THE CHAIR TO SIGN. 20. Adoption of an Ordinance Establishing Speed Limits on Certain Roads Within the County of Butte, State of California - the ordinance proposing to set speed limits for the Skyway came before the Board on April 28, 1998. As a result of concerns expressed by the California Highway Patrol, the item was continued to permit further review. The revised ordinance is being submitted for Board approval with the support of the California Highway Patrol - action requested - ADOPT ORDINANCE 3433 AND AUTHORIZE THE CHAIR TO SIGN. (FROM 6-9-98) 21. Construction of storm drainage facilities at various locations within the Thermalito area - the project provides for the construction of flood hazard mitigation projects at three locations as follows: 1. Fifth Street - from 300 feet south of Yuba Avenue to 300 feet north of Yuba Avenue; 2. Feather Avenue - from 800 feet west of 14th Street to 900 feet east of 14th Street; and 3. 20th Street - from 400 feet south of Plumas Avenue to 400 feet north of Plumas Avenue. ^ Plans and specifications have been completed for the project - action requested - APPROVE PLANS AND SPECIFICATIONS; AUTHORIZE THE CHAIR AND THE DIRECTOR OF PUBLIC WORKS TO SIGN PLANS; ADOPT WAGE SCALE; AND AUTHORIZE PUBLIC WORKS TO ADVERTISE FOR BIDS. 22. Report to the Board - regarding bids received June 16, 1998, for the excavation and stockpiling of the lava cap from the module four area of the Neal Road Landfill; County Project No. 757-98-1 - action requested - AWARD CONTRACT TO LOW BIDDER, 5TIMPEL WEIBELHAUS ASSOCIATES, IN THE AMOUNT OF $283,000, AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. 23. Drescher Tract Assessment District approval of plans and specifications and call for ballot proceedings - North Star Engineering has completed the plans, specifications, and engineer's report for the Drescher Tract Assessment District. In accordance with the Memorandum of Proceedings and the requirements of Proposition 218, a commencement of ballot proceedings is necessary, with all costs, charges, and fees associated with the ballot proceedings to be paid by the Assessment District - action requested - APPROVE THE ENGINEER'S REPORT AND AUTHORIZE THE CHAIR TO SIGN; APPROVE PLANS AND .~ SPECIFICATIONS; ADOPT THE PREVAILING -WAGE SCALE; AUTHORIZE THE CHAIR AND THE DIRECTOR OF PUBLIC WORKS TO SIGN PLANS; AUTHORIZE PUBLIC WORKS TO ADVERTISE FOR BIDS; COMMENCE BALLOT PROCEEDINGS; AND ADOPT RESOLUTIONS 98-100 AND 98-101 AND AUTHORIZE THE CHAIR TO SIGN. Page 204 June 23, 1998 June 23, 1998 98-194 24. State Department of Pesticide Regulation - pesticide permit regulations enforcement - the proposed agreement (No. 98-0007) provides $32,975 (100 State) for the Agricultural Commissioner to perform enforcement of pesticide permit regulations during fiscal year 1998-99 - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. R40068) 25. State Department of Community Services and Development- Amendment No. 97F-1705 - Butte County Department of Behavioral Health (BCDBH), Special Projects/Community Services Division requests Board approval of a contract amendment with the State Department of Community Services to assist in funding the ongoing Mentoring Program provided to youth who are considered at risk. The term of the agreement will be extended through September 30, 1998. The revenue amount remains the same - action requested - APPROVE CONTRACT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR CONTROLLER; AND ADOPT RESOLUTION 98-102 AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. R40043) 26. State Department of Alcohol and Drug Programs - the Butte County Department of Behavioral Health (BCDBH) requests Board approval of the negotiated net amount and drug/Medi-Cal contract from the State Department of Alcohol and Drug Programs. This contract provides funding for alcohol and drug programs administered by BCDBH. The term of the agreement is July 1, 1998, through June 30, 2001, and the revenue to be received will be distributed over the three year period as follows: fiscal year 1998-99 - $1,886,271; fiscal year 1999-00 - $1,863,937; and fiscal year 2000-01 - $1,770,274 (100 State) - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER; AND ADOPT RESOLUTION 98-103 AND AUTHORIZE THE CHAIR TO SIGN. 27. Connerly and Associates, Inc. - in May 1998 the Department of Development Services issued a Request for Proposal (RFP) for administration services of the reuse loan pool for various housing rehabilitation grants. Two responses were received to the RFP, with Connerly and Associates, Inc., submitting the proposal with the lowest charge for services. Board approval is requested for a contract with Connerly and Associates, Inc., for the provision of reuse loan pool administration services. The term of the contract is July 1, 1998, through June 30, 2001, in the maximum amount of $152,440 (Reuse program income) - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. Page 205 June 23, 1998 June 23, 1998 98-194 28. Lionakis-Beaumont Design Group, Inc. - Main Jail Remodel Architect Agreement Amendment No. 1 - proposed is an amendment to the agreement for design services related to the main jail remodel project. The amendment provides additional security electronics design services in the amount of 510,100, and reimbursement of incidentdl expenses estimated at ~ $2,000 •{$12,100/Sheriff's Development Impact Fees) - action requested - APPROVE BUDGET TRANSFER B-374 (4/5 vote req~lired); AND APPROVE AGREEMENT~AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR- CONTROLLER. (Contract No. X10870) 29. Microsoft. Select Enrollment Agreement - proposed is an agreement with Microaqe Softwaire Centre, a. Microsoft Solutions Provider, to participate in the State of California's Microsoft Select Master Agreement (No. 01-04926). This agreement will allow•the County to take advantage of savings negotiated by the State for software licenses through December 31, 2000 - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. 30. Managed Health Network, Inc. (MHN) - Employee Assistance Program - proposed is a renewal contract for the provision of the Employee Assistance Program (EAP) for Butte County employees and their dependents. The renewal contract covers a one year period beginning July 1, 1998, and ending June 30, 1999. Effective July 1, 1998, the contract rate will be $4..77 per employee per month. This program is a negotiated benefit for employees funded fully by County contribution - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X10213) 31. UNUM Life Insurance Company of America (UNUM)- proposed is an application for the provision of long-term/short- term disability insurance for Butte County Employees. The three employee associations (Butte County Employees Association [BCEA], Butte County Management Employees Association [BCMEA], and Communication Workers Association [CWA]}, and the County's labor negotiator have agreed to change the long-term/short-term disability insurance carrier effective August 1, 1998. This insurance is paid 100$ by the employee - action requested - APPROVE APPLICATION AND AUTHORIZE THE CHAIR TO SIGN; AND AUTHORIZE THE AUDITOR TO ISSUE A BINDER CHECK TO UNUM LIFE INSURANCE COMPANY OF AMERICA. 32. Director of Public Health - the employment contract for Gary Hou~ge, Director of Public Health, expires October 2, 1998. Proposed is a contract amendment extending the term of the contract for a three year _ period commencing October 2, 199.8, and ending October 2, 2001. All other terms, provisions, and amendments remain the same - action requested - APPROVE CONTRACT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN. Page 206 June 23, 1998 June 23. 1998 98-194 33. Sheriff's Inmate Labor Program - proposed is a Memorandum of Understanding (MOU) between the Butte County Department of Public Works and the Butte County Sheriff's Office to provide for the implementation of the Sheriff's Inmate Labor Program. The program will provide for work on projects within the Public Works Department's Road Maintenance and Solid Waste divisions. The term of the agreement is July 1, 1998, through June 30, 2001, in the maximum amount of $25,000 per year (Department budget) - action requested - APPROVE THE MEMORANDUMS OF UNDERSTANDING AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X10948 and Contract No. X10949) 34. Therapy services - proposed are agreements with Teresa Wood-Hansen ($42,180/Contract No. X10545), Bonnie Deer ($47,880/Contract No. X10859), Terri Johnson ($59,200/ Contract No. X10550), Meg Palmer ($35,150/Contract No. X10544), and Diana Willow Lesjack ($50,730/Contract No. X10551), for the provision of physical and occupational therapy services to children eligible for the Children's Medical Services Program. This program is mandated by Health and Safety Code Section 252 and is funded by State funds (50~), County matching funds (25$) and realignment funds (25~). The agreements cover the period of July 1, 1998, through June 30, 1999 - action requested - APPROVE AGREEMENTS AND AUTHORIZE THE CHAIR TO SIGN. 35. Northern California Emergency Medical Services, Inc. (NorCal EMS) - proposed is a Modification of Agreement for the provision of "Local EMS Agency" services. The terms of the agreement are as follows: fiscal year 1998-99 - $31,560; fiscal year 1999-00 - $33,138; and fiscal year 2000-01 - $34,795 (SB 12/612 EMS fund) - action requested - APPROVE MODIFICATION OF AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X10311) 36. State Department of Health Services - Family Planning Program Agreement No. 94-20153 A005 - proposed is an amendment to the agreement for provision of family planning related services by Butte County which increases the amount payable to the County by $7,389 (100 State) - action requested - APPROVE AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. R94-20153) 37. University of California-Davis (U.C. Davis) - the Department of Social Welfare is requesting approval of an agreement with U.C. Davis for the provision of training specific to organizational changes which result from implementation of Welfare reform. The contract is in the amount of $32,400 (Ca1WORKs) with U.C. Davis providing the required 15~ County match - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. Page 207 June 23, 1998 June 23, 1998 98-194 38. Job Creation Investment Fund Grant Application - proposed is an application to apply for the Job Creation Investment Fund. The initial fund request ~is~for $500 and will be used to develop a new Job Creation -Plan. Once the Job Creation. Plan is approved, an amended application will be submitted requesting the balance of funds allocated tb Butte County - action requested - APPROVE APPLICATION TO APPLY FOR JOB CREATION INVESTMENT FUND GRANT AND AUTHORIZE THE CHIEF ADMINISTRATIVE OFFICER TO SIGN. 39. Family Preservation and Support Program .(FPSP) - the Department of Social Welfare received an augmentation to the FPSP fund which represent a $22,604•increase in the amount budgeted for fiscal year 1997-98 - •action requested: A. APPROVE BUDGET TRANSFER B-377, ACCEPTING AND APPROPRIATING $22,604 IN UNANTICIPATED FPSP INCOME, AND TRANSFERRING $37,521 TO THE BEHAVIORAL HEALTH INTERFUND; AND B. AMEND FISCAL YEAR 1997-98 CONTRACTS/MEMORANDUM OF UNDERSTANDING FOR THE PROVISION OF FPSP SERVICES AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPRQVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER AS FOLLOWS: 1. BUTTE COUNTY OFFICE OF EDUCATION - AMENDMENT NO. 2 TO THE CONTRACT (NO. X10001) AMENDING THE MAXIMUM AMOUNT PAYABLE FROM $7,000 TO $9,000; . 2. NORTHERN VALLEY CATHOLIC SOCIAL SERVICE - AMENDMENT NO. 2 TO THE CONTRACT (N0. X10319) AMENDING THE MAXIMUM AMOUNT PAYABLE FROM $16,187 TO $22,187; AND 3. DEPARTMENT OF BEHAVIORAL HEALTH - AMENDMENT NO. 2 TO THE MEMORANDUM OF UNDERSTANDING AMENDING THE MAXIMUM AMOUNT PAYABLE FROM $25,102 TO $37,521. Page 208 .June 23, 1998 June 23, 1998 98-194 90. Notice of Partial Nonrenewal - Land Conservation .Agreement - Alvin Jenkins, Owner, gives notice that the 4.56+ (described in Exhibit "A" of notice) portion of the Land Conservation Agreement (recorded February 20, 1981, as Instrument No. 81-5333, in Book 2596, pages 361 through 375) between "Owner" and the County, is not to be renewed. The expiration date for that portion of said agreement is the last day of December 2007 - action requested - ACKNOWLEDGE RECEIPT OF NOTICE OF PARTIAL NONRENEWAL-LAND CONSERVATION AGREEMENT AND DIRECT RECORDING OF SUCH NOTICE. MOTION: I MOVE TO APPROVE THE CONSENT AGENDA WITH THE FOLLOWING CORRECTIONS: ITEM 3.07 AMENDED TO READ, "..TO A TERM TO EXPIRE DECEMBER 1998."; ITEM 3.13 AMENDED TO READ, "RESOLUTIONS ESTABLISHING APPROPRIATIONS LIMITS FOR FISCAL YEAR 1998-99 AS REQUIRED ."; AND WITH THE ACTION REQUESTED CORRECTED AS FOLLOWS: ADOPT RESOLUTIONS AND ..."; ITEM 3.34 AMENDED TO ADD "CONTRACT NO. X10949^; AND THE REMOVAL OF ITEM 3.24. M S VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) Regular Agenda 98-195 Appointments - commissions and committees. A. Appointments to committee vacancies. SUPERVISOR BEELER AND CHAIR DAVIS VOLUNTEERED TO MEET WITH JOHN BLACKLOCK, CHIEF ADMINISTRATIVE OFFICER, AND MIKE CRUMP, CURRENT CHAIR OF THE MANAGEMENT COUNCIL, TO DISCUSS PLANS FOR A BUTTE COUNTY BOOTH AT THE BUTTE COUNTY FAIR IN GRIDLEY. 98-196 Update on legislative and budget activities. A. DALE WAGERMAN, COUNTY LOBBYIST PROVIDED AN UPDATE ON THE LEGISLATIVE SESSION. SPECIFICALLY ADDRESSED WAS THE SURPLUS IN THE STATE BUDGET AND THE LATEST PROPOSED PLANS FOR DISTRIBUTION OF THE SURPLUS FUNDS; INCLUDING THE PROPOSED REDUCTION OF THE VEHICLE LICENSE FEES AND POSSIBLE ALTERNATIVE TO THAT PROPOSED REDUCTION (419); 98-197 Consideration of addition of an item to the legislative update: discussion of, and possible position on SB 1785. MOTION: I MOVE PURSUANT TO GOVERNMENT CODE SECTION 54954.5(b)(1} THAT THERE IS A NEED TO TAKE IMMEDIATE ACTION AND THAT THE NEED FOR ACTION CAME TO THE ATTENTION OF THE BOARD OF SUPERVISORS SUBSEQUENT TO THE AGENDA BEING POSTED AS SPECIFIED IN GOVERNMENT CODE SECTION 54954.2(a). M S VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) Page 209 June 23, 1998 June 23, 1998 _--, Update on legislative and budget activities (cont.) 98-198 B. GARY HOUSE, DIRECTOR-PUBLIC HEALTH, REPORTS ON SB 1785 (HAYDEN), REGARDING ANIMAL CONTROL (**00) MOTION: I MOVE TO WRZTE A LETTER IN OPPOSITION TO SB 1785. M S VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) 98-199 Annual Elected Department Head Presentation - County Clerk- Recorder - to discuss issues and goals and to voice mutual concerns - action requested - ACCEPT FOR INFORMATION. (188) (PRESENTATION TO THE BOARD BY CANDANCE GRUBBS, COUNTY CLERK- RECORDER) 98-200 Items removed from the Consent Agendafor Board consideration and action. (JACK RITE, OROVILLE, ADDRESSED ITEM 3.08 - NO ACTION TAKEN) 1. Approval of plans and specifications for storm damage repair ~on Forbestown Road at 0.38 miles northwest of Robinson Mill Road; County Project No. 27581-98-1 - plans and specifications have been completed for the project - action requested - APPROVE PL1~NS AND SPECIFICATIONS; AUTHORIZE THE CHAIR AND THE DIRECTOR OF "'~ PUBLIC WORKS TO SIGN PLANS; ADOPT A WAGE SCALE; AND AUTHORIZE PUBLIC WORKS TO ADVERTISE FOR BIDS. (NO ACTION TAKEN) RECESS: 10:05 A.M. RECONVENE: 10:21 A.M. Page 210 June 23, 1998 June 23. ~ 1998 Public Hearings and Timed Items 98-201 Continued Hearing - George T. Kammerer - consideration of a specific plan amendment (item on which a negative declaration with mitigation measures regarding environmental impacts has been recommended) to the North Chico Specific Plan to change land use designation to allow for the consideration of increased residential .density and/or industrial land on approximately 230 acres of land located on the west side of Hicks Lane, approximately H to 1 mile south of Keefer Road, identified as APN 047-250-141, north Chico area - action requested: A. SUBJECT TO FINDING THAT THE REQUIREMENTS OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) HAVE BEEN COMPLIED WITH, UPHOLD THE PLANNING COMMISSION RECOMMENDATIONS AND DENY THE REQUEST TO AMEND THE NORTH CHICO SPECIFIC PLAN; OR B. MAKE A MOTION OF INTENT TO APPROVE THE PROJECT AS PROPOSED, DIRECTING APPLICANT TO ENTER INTO A DEVELOPMENT AGREEMENT THAT: 1) STIPULATES WHAT DRAINAGE IMPROVEMENTS OR EASEMENTS SHALL BE CONSTRUCTED OR GRANTED, WITH TIMING OF SAID IMPROVEMENTS BEING SPECIFIED; AND 2) INCLUDES THE DEVELOPMENT CRITERIA FOR USING A PLANNED DEVELOPMENT SUBDIVISION; AND DIRECT STAFF TO PREPARE FINDINGS ADDRESSING THE ADOPTION OF ENVIRONMENTAL DOCUMENTS, AIRPORT LAND USE COMMISSION (ALUC) CONSISTENCY, AND PROJECT FINDINGS; OR C. IF THE BOARD RECOMMENDS AN ALTERNATIVE THAT THE PLANNING COMMISSION DID NOT CONSIDER, REFER THE PROJECT BACK TO THE PLANNING COMMISSION FOR THEIR REVIEW (STAFF MEMORANDUM DATED APRIL 29, 1998). (FROM 5-12-98) (890)(***00) MOTION: I MOVE TO DIRECT DEPARTMENT OF DEVELOPMENT SERVICES STAFF TO WORK WITH THE APPLICANT IN CREATING AND APPLYING FOR A DEVELOPMENT AGREEMENT CONFIRMING THE RIGHTS AND OBLIGATIONS OF THE COUNTY AND THE APPLICANT; AND FURTHER MOVE TO CONTINUE THIS HEARING OPEN TO THE UNSPECIFIED DATE AND TIME WHEN THE DEVELOPMENT AGREEMENT CAN ALSO BE BROUGHT TO THE BOARD FOR CONSIDERATION (HEARING TO BE RENOTICED PURSUANT TO GOVERNMENT CODE). M S VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) Page 211 June 23, 1998 June 23, 1998 Regular Agenda 98-202 CLOSED SESSION: The Board recessed at 1:05 p.m. to a closed session conference with legal counsel for actual litigation pursuant to Government Code Section 54957.9(a): 1. Davis. v. County of Butte, 2. Contra Costa County et al. v. Pena; conference with labor negotiator pursuant to Government Code Section 54957.6: Agency negotiator: Bill Avery; Employee organizations: Butte County Employees Association, Butte County Management Employees Association, Social Services Workers Unit, and Butte County Law Enforcement Officers Association (General Unit and Management- Supervisory Unit); public employee performance evaluations pursuant to Government Code Section 54957: 1. Agricultural Commissioner, 2. Chief Administrative Officer, 3. County Counsel, 4. Director- Behavioral Health, 5. Director-Development Services, 6. Director-Information Systems, 7. Director-Library, 8. Director - Public Health, 9. Director - Public Works, 10. Director-Welfare, 11. Health Officer, and, 12. Public Guardian; and consideration of public employee appointment pursuant to Government Code Section 54957: 1. Director- Personnel. RECONVENE: The Board reconvened at 1:42 p.m. following a closed session conference with legal counsel for actual litigation pursuant to Government Code Section 54457.9(a): 1. Davis, v. County of Butte, 2. Contra Costa County et al, v. Pena; conference with labor negotiator pursuant to Government Code Section 54957.6: Agency negotiator: Bill Avery; Employee organizations: Butte County Employees Association, Butte County Management Employees Association, Social Services Workers Unit, and Butte .County Law Enforcement Officers Association (General Unit and Management- Supervisory Unit); public employee ~erfortnance evaluations pursuant to Government Code Section 54957: 1. ~ Agricultural Commissioner, 2. Chief .Administrative Officer, 3. County Counsel, 4. Director- Behavioral Health, 5. Director-Development Services, 6. Director-Information Systems, 7. Director-Library, 8. Director - Public Health, 9. Director - Public Works, 10. Director-Welfare, 11. Health Officer, and, 12. Public Guardian; and consideration 'r` of public employee appointment pursuant.to Government Code Section 54957: 1. Director- Personnel. . Page 212June 23, 1998 June 23, 1998 98-203 CLOSED The Board of Supervisors of the County of Butte SESSION today decided to offer its assistance to the ANNOUNCE- California Coastal Commission in the Commission's MENT: attempt to require further environmental review of the risks associated with the transportation, via California coastal waters, of spent nuclear fuel acquired through the "Atoms for Peace" program to a storage facility in Pocatello, Idaho, via California coastal waters and the port of Concord. On June 5, 1998, the Board of Supervisors of the County of Butte was notified by the California Coastal Commission that the Commission had taken action regarding the Department of Energy's (DOS's) plans. The Commission informed the DOE that because Commission staff believe that the transportation via California Coastal waters of spent nuclear fuel poses a significant risk to California coastal and marine resources, the Commission did not accept DOE's determination that the shipments pose no significant risk to the environment. The Commission's letter requires that DOE submit to the Commission a "consistency determination", which is an analysis of: 1. potential effects on marine resources in the event of a catastrophic release of radioactive waste into the environment; 2. the option of retaining the retroactive waste in the foreign countries it came from until a permanent storage facility is constructed in the western United States (the facility in Pocatello, Idaho is temporary); and, 3. the option of eliminating a western port of entry altogether and shipping all of the waste to a permanent radioactive waste storage facility in Savanna, Georgia, via Charleston, South Carolina, the port of entry. 95~ of the waste from the "Atoms for Peace" program will be shipped to Georgia via South Carolina as the program currently stands. It is only 5$ which is to be transported through California to Idaho. The Commission' s letter makes the point that the risk to California resources, both inland and coastal, is utterly unnecessary, because DOE could merely consolidate the five shipments scheduled through California with the 231 scheduled through South Carolina. The Board of Supervisors, concerned about risks to the safety of County residents associated with DOE's plan to use the Feather River Canyon as the rail route to transport the radioactive waste from Concord to Pocatello, authorized County Counsel on February 24,1998, to participate in a lawsuit against DOE filed by Contra Costa County and the City of Concord. The lawsuit was later dismissed by Federal District Court Judge Fern Smith. The Board of Supervisors today directed County Counsel to send a letter to Peter Douglas, Executive Director of Coastal Commissions, offering the County's assistance to the Commission in its efforts. Page 213 June 23, 1998 June 23, 1998 Public Hearing and Timed Items 98-204 Housing nuisance removals, Stirling City - to comply with State housing law the Department of Public Health request Board confirmation of expenses associated with the removal of four housing nuisance structures within Stirling .City - action requested: A. AFTER CONSIDERATION OF ANY PROTESTS RECEIVED, CONFIRM THE STATEMENT OF EXPENSES FOR REMOVAL OF. HOUSING NUISANCE STRUCTURES IN STIRLING CITY IDENTIFIED AS 17121 MANZANITA, BUTTE COUNTY ASSESSOR'S PARCEL NUMBER 059-089- 004 ($9,133.25); 17168 MANZANITA, BUTTE COUNTY ASSESSOR'S PARCEL~NUMBER 059-085-012 ($9,187.42); 17068 MANZANITA, BUTTE COUNTY ASSESSOR'S PARCEL NUMBER 059-092- 008 ($9,241.67); AND 7850 LAVA STREET, BUTTE COUNTY ASSESSOR'S PARCEL NUMBER 059-096-019 ($9,349.92); AND B. REALLOCATE $28,000 OF COMMUNITY ACTION AGENCY DEBT TO BUTTE COUNTY TO ALLOW FOR COST RECOVERY LIENS TO BE PLACE ON HOUSING NUISANCE STRUCTURES IN STIRLING CITY IDENTIFIED AS 17121 MANZANITA, BUTTE COUNTY ASSESSOR'S PARCEL NUMBER 059-089-004; 17168 MANZANITA, BUTTE COUNTY ASSESSOR'S PARCEL NUMBER 059-085-012; 17068 MANZANITA, BUTTE COUNTY ASSESSOR'S PARCEL NUMBER 059-092-008; AND 7850 LAVA STREET, BUTTE COUNTY ASSESSOR'S PARCEL NUMBER 059-096-019; AND APPR0~7E TRANSFER 'OF $5,079.04 FROM LANDFILL ACCOUNT NUMBER 75741 TO THE COMMUNITY ACTION AGENCY TO COMPENSATE FOR DEFERRED LANDFILL GATE FEES. (2721) MOTION: I MOVE TO: A. ADOPT RESOLUTION 98-104 CONFIRMING THE STATEMENT OF EXPENSES FOR REMOVAL OF HOUSING NUISANCE STRUCTURES IN STIRLING CITY IDENTIFIED AS 17121 MANZANITA, BUTTE COUNTY ASSESSOR'S PARCEL NUMBER 059-089-004 ($9,133.25); 17168 MANZANITA, BUTTE COUNTY ASSESSOR'S PARCEL NUMBER 059-085-012 ($9,187.42); 17068 MANZANITA, BUTTE COUNTY ASSESSOR'S PARCEL NUMBER 059-092-008 ($9,241.67); AND 7850 LAVA STREET, BUTTE COUNTY ASSESSOR'S PARCEL NUMBER 059-096-019 ($9,349.92); AND B. REALLOCATE $28,000 OF COMMUNITY ACTION AGENCY DEBT TO BUTTE COUNTY TO ALLOW FOR COST RECOVERY LIENS TO BE PLACE ON HOUSING NUISANCE STRUCTURES IN STIRLING CITY IDENTIFIED AS 17121 MANZANITA, BUTTE COUNTY ASSESSOR'S PARCEL NUMBER 059-089-004; 17168 MANZANITA, BUTTE COUNTY ASSESSOR'S PARCEL NUMBER 059-085- 012; 17068 MANZANITA, BUTTE COUNTY ASSESSOR'S PARCEL NUMBER 059-092-008; AND 7850 LAVA STREET, BUTTE COUNTY ASSESSOR'S PARCEL NUMBER --~ 059-096-019; 'AND APPROVE TRANSFER OF $5,079.04 FROM LANDFILL ACCOUNT NUMBER 75741 TO THE COMMUNITY ACTION AGENCY TO COMPENSATE FOR DEFERRED LANDFILL GATE FEES. S M VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried} Page 214 June 23, 1998 ~... t~ June 23, 1998 98-205 Public Hearing - Hans Lemcke - consideration of an appeal of the Development Review Committee's denial of a tentative parcel/subdivision map (item on which a negative declaration • with mitigation measures regarding environmental impacts has been recommended), to divide two parcels totaling 47 acres into four parcels, on property located on the southwest corner of Cummings Road and Cummings Lane, Durham area, on property zoned A-10 (Agricultural-10 acre minimum), identified as APN 040-160- 023 and 024 - action requested - SUBJECT TO ENVIRONMENTAL FINDING (A) AND SUBDIVISION MAP ACT FINDINGS (A - C)(STAFF MEMORANDUM DATED JUNE 9, 1998), STAFF RECOMMENDS THAT THE BOARD DENY THE APPEAL OF THE TENTATIVE PARCEL MAP FOR HAMS LEMCKE ON APN 040-160-023 AND 024. (3125) (****00) HEARING OPENED AND CONTINUED OPEN TO JULY 28, 1998, AT 10:00 A.M. (SUPERVISOR DOLAN NOT PRESENT) 98-206 Proposed budget recommendations fiscal year 1998-99 - action requested: A. ADOPT THE PROPOSED BUDGET FOR FISCAL YEAR 1998-99 AS THE AUTHORITY FOR EXPENDITURES DURING PREPARATION OF THE FINAL BUDGET FOR FISCAL YEAR 1998-99 AND AS THE BASIS FOR FINAL BUDGET HEARINGS. B. Adoption of a salary ordinance amendment and position allocation - preliminary budget for fiscal year 1998-99 - the proposed salary ordinance incorporates changes associated with recommendations contained within the proposed budget for fiscal year 1998-99 as follows: County Clerk - Elections and Registration: adds one Elections Technician or Senior Elections Technician position; District Attorney-Criminal: deletes one term District Attorney Investigator II/I position (term to end 6-30-99), and adds one District Attorney Investigator II/I position; Sheriff-Coroner - Corrections: deletes one term Correctional Officer position (term to end 6-30-98); Probation: adds one Administrative Analyst III/IIII position, one Secretary II position, and one Probation Officer III/II/I position; Behavioral Health-General Services: adds two Program Manager-Mental Health positions, one Supervisor-Mental Health Nurse position, one Supervisor-Mental Health Clinician position, one Program Manager-Staff Services position, one Supervisor- Accounting position, one Mental Health Clinician II/I position, two term Mental Health Clinician II/I positions (terms to end 6-30-99), two Mental Health Counselor III/II/I positions, four term Mental Health Counselor III/II/I positions (terms to end 6-30-99), one Auditor- Accountant II/I position, two Information Systems Technician II/I positions, one Supervisor-Staff Support Services position, one Administrative Analyst III/II/I position, one Mental Health Counselor II/I position, one Mental Health Counselor III/II/I position, and one Medical Records Technician II/I position; Page 215 June 23, 1998 June 23. 1998 98-206 B. Behavioral Health-Substance Abuse Services: - deletes (cont.) one Mental Health Clinician II/I position, two term Mental Health. Clinician II/I positions (terms to end 6-30-99), two Mental Hearth Counselor III/II/I•pos~tions, four term Mental Health Counselor III%II/I positions (terms to end 6-30-99), and one term .Mental Health Counselor II position (term to end 6-30-98.),, adds one Supervising •Health Education Specialist position, one Administrative Analyst III/II/I position, and one Principal Clerk position; Welfare-Administration: extends one term Welfare Program Manager position (term to end 12-31-98), one term Welfare Staff Analyst position (term to end 12-31-98), one term Staff Services Systems Specialist (term to end 12-31-98) and one term Office Assistant III/II/I position (term to end 12-31-98); Administration-Buildings and Grounds Maintenance: adds one Janitor position - action requested - ADOPT ORDINANCE AND AUTHORIZE THE CHAIR TO SIGN. (FROM 6-9-98)~ C. SET 10:00 A.M., AUGUST 11, 1998, FOR THE OPENING OF THE PUBLIC HEARING ON THE FINAL BUDGET AND DIRECT THE CLERK OF THE BOARD TO PUBLISH NOTICE OF SAID HEARING PURSUANT TO GOVERNMENT CODE SECTION 29066. D. APPROVE THE PURC~iASE OF ALL FIXED ASSETS RECOMMENDED WITHIN THE PUBLIC WORKS BUDGETS (NOS. 530..002, 530.004, and 530.18); AND APPROVE THE PURCHASE OF A CAMERA PLATE MAKER FOR CENTRAL DUPLICATING (NO. 183.001) PURSUANT TO GOVERNMENT CODE SECTION 29124. (0049) (PRESENTATION TO THE BOARD BY ADMINISTRATIVE OFFICE STAFF AND AUDITOR-CONTROLLER) MOTION: I MOVE TO: A. ADOPT THE PROPOSED BUDGET FOR FISCAL YEAR 1998-99 AS THE AUTHORITY FOR EXPENDITURES DURING PREPARATION OF THE FINAL BUDGET FOR FISCAL YEAR 1998-99 AND AS THE BASIS FOR FINAL BUDGET HEARINGS; B. ADOPT ORDINANCE 3434 AND AUTHORIZE THE CHAIR TO SIGN; C. SET 10:00 A.M., AUGUST 11, 1998, FOR THE OPENING OF THE PUBLIC HEARING ON THE FINAL BUDGET AND DIRECT THE CLERK OF THE BOARD TO PUBLISH NOTICE OF SAID HEARING PURSUANT TO GOVERNMENT CODE SECTION 29066; AND D. APPROVE THE PURCHASE OF ALL FIXED ASSETS RECOMMENDED WITHIN THE PUBLIC WORKS BUDGETS (NOS. 530.002, 530.004, and 530.18); AND APPROVE THE PURCHASE OF A CAMERA PLATE MAKER -"' FOR CENTRAL DUPLICATING (NO. 183.001) PURSUANT TO GOVERNMENT CODE SECTION 29124. M S VOTE: l Y 2 NP 3 Y 4 Y 5 Y (Motion Carried) Page 216 June 23, 1998 1 ; June 23, 1998 Regular Agenda 98-207 Public Comment. (PRESENTATIONS WILL BE LIMITED TO FIVE MINUTES. THE BOARD OF SUPERVISORS IS PROHIBITED BY STATE LAW FROM TAKING ACTION ON ANY ITEM PRESENTED IF IT IS NOT LISTED ON THE AGENDA.) 1. Supervisor Beeler address the Board and apologizes for a news release erroneously issued by his office regarding a joint powers agreement for local control of the recreational component of the Lake Oroville facility. 2. Mike Kelly, Chairman, Oroville Recreation Advisory Committee, responds to Supervisor Beeler's news release and states that the he will oppose any joint powers agreement. 3. Mae D. Elms, Oroville, addresses the incidents which occurred on the tire lot on Custer Lane on November 10, 1997. 4. Gary House, Director-Public Health, states that he has received a proposal from Northwest Society for the Prevention of Cruelty to Animals for animal control services and his department is in the process of performing an analysis on the proposal before bringing the item forward to the Board. 5. James Cumberland, Northwest Society for the Prevention of Cruelty to Animals, addressed the proposal sent to the County for animal control services, offers his assistance for any questions the Board may have, and thanks the Board for their consideration. Page 217 June 23, 1998 June 23. 1998 98-208 CLOSED SESSION: The Board recessed at 3:15 p.m. to a continued closed session conference with legal counsel for actual litigation pursuant to Government Code Section 54957.9(a): 1. Davis, v. County of Butte, 2. Contra Costa County et al: v. Pena; conference with labor negotiator pursuant to Government Code Section 54957.6: Agency negotiator: Bill Avery; Employee organizations: Butte County Employees Association, Butte County Management Employees Association, Social Services Workers Unit, and Butte County Law Enforcement Officers ' Association (General Unit and. Management- Supervisory Unit); public employee performance evaluations pursuant to Government Code Section 54957: 1. Agricultural Commissioner, 2. Chief Administrative Officer, 3. County Counsel, 4. Director- Behavioral Health, 5. Director~Development Services, 6. Director-Information Systems, 7. Director-Library, 8. Director - Public Health, 9. Director - Public Works, 10. Director-Welfare, 11. Health Officer, and, 12. Public Guardian; and consideration of public employee appointment pursuant to Government Code Section 54957: 1.. Director- Personnel. RECONVENE: The Board reconvened at 3:38 p.m. following a closed session conference with legal counsel- actual litigation pursuant to Government Code . Section 54957.9(a): 1. Davis. v. County of Butte, 2. Contra Costa County et al. v. Pena; conference with labor negotiator pursuant to Government Code Section 54957.6: Agency negotiator: Bill Avery; Employee organizations: Butte County Employees Association, Butte County Management Employees Association, Social Services Workers Unit, and Butte County Law Enforcement Officers pUPAssociation (General Unit and Management- Supervisory Unit); public employee performance evaluations pursuant to Government Code Section 54957: 1. Agricultural Commissioner, 2. Chief Administrative Officer, 3. County Counsel, 9. Director- Behavioral Health, 5. Director-Development Services, 6. Director-Information Systems, 7. Director-Library, 8. Director - Public Health, 9. Director - Public Works, 10. Director-Welfare, 11. Health Officer, and, 12. Public Guardian; and consideration .-. of public employee appointment pursuant to Government Code Section 54957: 1. Director- Personnel. (NO ADDITIONAL ANNOUNCEMENTS) Page 218 June 23, 1998 June 23, 1998 Communications 98-209 Communications received and referred. (COPIES OF ALL COMMUNICATIONS ARE AVAILABLE IN THE CLERK OF THE BOARD OFFICE.) A. James Cumberland, Northwest Society for the Prevention of Cruelty to Animals (S.P.C.A.), writes to the Board to submit a proposal for the County to contract with the Northwest S.P.C.A. for provision of full animal control services and animal boarding services for fiscal year 1998-99. (REFER TO DIRECTOR-PUBLIC HEALTH, CHIEF ADMINISTRATIVE OFFICER, AND ANIMAL CONTROL ADVISORY BOARD) B. Larry D. Stamm, Field Representative, Facilities Standards and Operations Division, State of California Board of Corrections, writes to Sheriff Mick Grey to inform him that a meeting was held to review the new Butte County Court Holding policy and procedures manual and to inspect the facility for the 1998-2000 biennial inspection cycle. A few areas were found to need revision to meet the procedural requirements of Title 15. C. Matthew B. Miller, P.E., Chief, Hazards Study Branch, Federal Emergency Management Agency (FEMA), writes to the Chief Administrative Officer to revalidate the determinations for properties and/or structures in the referenced community as described in the Letters of Map Revision (LOMRs) and Letters of Map Amendment (COMA) previously issued by FEMA. (REFER TO DIRECTOR-PUBLIC WORKS, DIRECTOR-DEVELOPMENT SERVICES, AND EMERGENCY SERVICES OFFICER) D. CAI,/EPA State Water Resources Control Board Division of Water Quality, Request for Proposals, Proposition 204- Safe, Clean, Reliable Water Supply Act - Article 5, Delta Tributary Watershed Program; Phase II. (REFER TO AGRICULTURAL COMMISSIONER-WATER DIVISION) ADJOURNMENT: There being no further business before the Board, the meeting was adjourned at 3:38 p.m. to reconvene at a special meeting of the Board on Thursday, June 25, 1998, at 9:00 a.m. v ' Fred C. Davis, Chair ATTEST: _ John S. Blacklock, Chief Administrative Officer and Clerk of the Bo of Supervisors Page 219 June 23, 1998