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HomeMy WebLinkAboutM071100BOARD OF SUPERVISORS MINUTES July 11, 2000 00-211 R.J. BEELER, 1st District JANE DOLAN, 2nd District MARY ANNE HOUX, 3rd District CURT JOSIASSEN, 4th District FRED C. DAVIS, 5th District Call to Order - Board of Supervisors Room, County Administration Building, 25 County Center Drive, Oroville. Supervisors present: Beeler, Houx, Josiassen, Davis and Chair Dolan. Also present: John S. Blacklock, Chief Administrative Officer; Bruce Alpert, County Counsel, and Marion Reeves Assistant Clerk of the Board. Pledge of Allegiance to the Flag of the United States of America. Invocation - Pastor Curt Jarboe, Grace Baptist Church, Oroville. CHAIR DOLAN NOTES THAT THE BOARD MEETINGS ARE AGAIN BEING VIDEOTAPED FOR BROADCAST. THE SERVICE IS BEING PROVIDED BY LENNY DURRER. (120) Items removed from the Consent Agenda for Board consideration and action. (140) 1. Introduction of a Salary Ordinance Amendment - the Personnel Department has prepared a salary ordinance amendment which creates the classification of File Clerk- Extra Help, with a pay rate of $7.25 per hour - action requested - WAIVE READING OF THE ORDINANCE. 2. Butte County Policy on Computer Use and Ethics - consideration of a policy regarding the use of County computer programs and equipment - action requested - APPROVE POLICY AND DIRECT THE DIRECTORS OF PERSONNEL AND INFORMATION SYSTEMS TO COMMENCE TRAINING OF DEPARTMENT HEADS AND SUPERVISORY STAFF ON ADMINISTRATION OF THE NEW POLICY. Consent A ecr nda 00-212 1. Approval of Minutes - action requested - APPROVE MINUTES OF JUNE 13, 2000; AND JUNE 27, 2000. Page 222 July 11, 2000 July 11, 2000 00-212 2. Biggs Memorial Hall Committee - action requested - APPOINT/REAPPOINT ERNEST HOHMAN, JR., NAVY REPRESENTATIVE; ANTONIO AIRISA, AIR FORCE REPRESENTATIVE; NORRIS ANDERSON, AIR FORCE REPRESENTATIVE; MIKE MCDONALD, ARMY REPRESENTATIVE; FRANK MATHAUSER, ARMY REPRESENTATIVE; CLARENCE WILLIAMS, NATIONAL GUARD REPRESENTATIVE; AND LEE AIRISA, WOMEN'S CLUB REPRESENTATIVE. ALL APPOINTMENTS ARE TO TERMS TO END JUNE 30, 2001. 3. Gridley Memorial Hall Committee - action requested - APPOINT/REAPPOINT TIM TOKUNO, VFW POST 5731 REPRESENTATIVE; SAM MCKEY, VFW POST 5731 REPRESENTATIVE; RAY L. ROBERTS, NORTH VALLEY SENIOR DANCE GROUP REPRESENTATIVE; DALE ERICKSON, VFW POST 5731 REPRESENTATIVE; AND GENE W. SALCA, AMERICAN LEGION POST 210 REPRESENTATIVE. ALL APPOINTMENTS ARE TO TERMS TO END JUNE 30, 2001. 4. Oroville Memorial Hall Committee - action requested - APPOINT/REAPPOINT BILL CONNELLY, DELEGATE, AND CHARLES ROBERTSON, ALTERNATE, AMERICAN LEGION POST 95 REPRESENTATIVES; STAN RINEHART, DELEGATE, AND JIM AUSTIN, ALTERNATE, VFW POST 9602 REPRESENTATIVES; AND ROBERT SIMPSON, DELEGATE, AND ROLAND STRANG, ALTERNATE, VFW POST 1746 REPRESENTATIVES. ALL APPOINTMENTS ARE TO TERMS TO END JUNE 30, 2001. 5. Paradise Memorial Hall Committee - action requested - APPOINT/REAPPOINT FRANK QUATTLANDER, DELEGATE, DAV CHAPTER 106 REPRESENTATIVE; JAKE CHIN, DELEGATE, AND ED WHITE, ALTERNATE, CALIFORNIA VETERANS SQUARE DANCE ASSOCIATION REPRESENTATIVES; JAMES T. HAYES, DELEGATE, AND ED MCGREEHAN, ALTERNATE, VFW POST 2039 REPRESENTATIVES; PAUL HARMON, DELEGATE, AND ROY GATCH, ALTERNATE, AMERICAN LEGION POST 259 REPRESENTATIVES; AND JOHN TEELE, DELEGATE, AND ED LYDON, ALTERNATE, WWII SUBMARINE VETERANS REPRESENTATIVES. ALL APPOINTMENTS ARE TO TERMS TO END JUNE 30, 2001. 6. Tri-County Economic Development District and Tri-County Small Business Development Advisory Committee - action requested - REAPPOINT SUPERVISOR HOUX, REPRESENTATIVE; AND MIKE TRAVIS, ALTERNATE, TO TERMS TO END JUNE 2002. 7. Animal Control Advisory Board - action requested - ACCEPT RESIGNATION OF RENEE HARDIN, NORTHWEST SPCA REPRESENTATIVE, AND AUTHORIZE A LETTER OF APPRECIATION; AND APPOINT LORRAINE GREEN, NORTHWEST SPCA REPRESENTATIVE. Page 223 July 11, 2000 July 11, 2000 00-212 8. Emergency Medical Care Committee - action requested - REAPPOINT CORY BOYLES, EMERGENCY DEPARTMENT PHYSICIAN REPRESENTATIVE; LEA BARRETT, AMBULANCE SERVICE REPRESENTATIVE; KATHY HALVIG, EMERGENCY DEPARTMENT NURSING DIRECTOR REPRESENTATIVE; AND ROBERT J. HALL, PARAMEDIC REPRESENTATIVE, TO TERMS TO END JUNE 30, 2003. 9. Maternal Child and Adolescent Health Board - action requested - APPOINT/REAPPOINT FRANCIS PATRICK, SCHOOL HEALTH MEMBER REPRESENTATIVE; AND PAMELA HENSLEY, PARENT REPRESENTATIVE, TO TERMS TO END MARCH 2003. 10. Sunwood Estates Subdivision - Annexation to County Service Area (CSA) No. 23 (Pleasant Valley Drainage) and County Service Area (CSA) No. 24 (Chico Mud Creek Drainage) - on March 2, 2000, by Resolution No. 274 1999/00, the Local Agency Formation Commission approved the annexation of the Sunwood Estates Subdivision to CSA No. 23 and CSA No. 24, and submits the resolution to the Board for further proceedings as required by law - action requested - ADOPT RESOLUTION 00-90 APPROVING ANNEXATION AND AUTHORIZE THE CHAIR TO SIGN. 11. Rocky Bluffs Subdivision Phase 2 - the project consists of 11 lots located between Skyway and Butte Creek Canyon on Osprey Circle and the east end of Eagle Nest Drive. The developer has provided improvement bonds to guarantee construction of roads, drainage, fire protection, and sewer facilities within one year - action requested - APPROVE FINAL MAP; ACCEPT EASEMENTS AS OFFERED IN ITEMS 1 AND 2 OF THE OWNER'S STATEMENT ON BEHALF OF THE ENTITIES NAMED; AND AUTHORIZE THE CHAIR TO SIGN THE SUBDIVISION AGREEMENT. 12. Almond Avenue Mine - Pledge of Revenue - in December 1999 the Board directed the Almond Avenue Mine be placed in an idle status. Condition 9 of the approved Reclamation Plan requires the Public works Department to submit a budget set-aside, or pledge of revenue for financial assurances, as required by the Surface Mining and Reclamation Act. The proposed resolution will satisfy the pledge of revenue for financial assurances to reclaim Phase I (Area A) of the Almond Avenue Pit (mine) as required - action requested - ADOPT RESOLUTION 00-91 AND AUTHORIZE THE CHAIR TO SIGN. Page 224 July 11, 2000 July 11, 2000 00-212 13. Softlanding, Inc. - Board approval is requested by the District Attorney-Family Support Division to purchase change control management software in the amount of $3,131.21. The software will be used in support of the KIDZ computer system. Board approval is also requested for a budget transfer of department funds to provide for the purchase. This acquisition is being made under the fiscal year 1999-2000 budget - action requested - APPROVE BUDGET TRANSFER B-436; AND APPROVE PURCHASE OF A FIXED ASSET ITEM. 14. Novell Netware License Purchase - Board approval is requested by the welfare Department to purchase a Novell Netware multi-application software license for the department's network in the amount of $50,211 (department budget). A savings of 32.50 can be realized if the purchase is made by August 1, so Board approval is requested to purchase the fixed asset item prior to the adoption of the final budget. Board approval is also requested to transfer $50,211 within the sub-units of the department's budget to provide for the purchase - action requested - APPROVE BUDGET TRANSFER B-001; AND APPROVE PURCHASE OF A FIXED ASSET ITEM PRIOR TO THE ADOPTION OF THE COUNTY'S FINAL BUDGET FOR FISCAL YEAR 2000-2001. 15. R & B Electronics - Board approval is requested by the Sheriff's Office-Jail Division for the sole source purchase of cameras, lenses, enclosures, VCR's, monitors, and associated hardware, cables, and accessories from R & B Electronics in the amount of $56,400 (Inmate welfare Fund). The equipment will be used to monitor and survey 12 inmate pods in the west Facility. The sole source purchase is requested to provide for consistency and integration with the current electronic security systems in the jail, which were purchased, installed, and maintained by R & B Electronics. Board approval is also requested for a budget transfer from the Inmate welfare Fund to provide for the purchase - action requested - APPROVE BUDGET TRANSFER B-002 (4 /5 vote required); AND APPROVE SOLE SOURCE PURCHASE OF FIXED ASSET EQUIPMENT FROM R & B ELECTRONICS PRIOR TO THE ADOPTION OF THE COUNTY'S FINAL BUDGET FOR FISCAL YEAR 2000-2001. Page 225 July 11, 2000 July 11, 2000 00-212 16. Office of Criminal Justice Planning - Law Enforcement Technology Equipment Program - Board approval is requested by the Sheriff's Office to accept and appropriate $115,000 (1000 State) in grant funds from the Office of Criminal Justice Planning for the purpose of purchasing equipment which will provide technological solutions for crime suppression and/or crime prevention. Board approval is also requested to purchase the equipment prior to the adoption of the County's final budget for fiscal year 2000-2001 - action requested - ACCEPT GRANT; APPROVE BUDGET TRANSFER B-003 (4 /5 vote required) ACCEPTING AND APPROPRIATING THE GRANT FUNDING; AND APPROVE PURCHASE OF FIXED ASSET ITEMS PRIOR TO THE ADOPTION OF THE COUNTY'S FINAL BUDGET FOR FISCAL YEAR 2000-2001. 17. Adoption of a Salary Ordinance Amendment - the District Attorney has requested the Personnel Department prepare a salary ordinance amendment which adds one term position of Deputy District Attorney IV (term to end 6-30-03), and one term half-time position of Legal Secretary II/I (term to end 6-30-03) The positions are being added in support of, and funded by, a grant award to address elder abuse - action requested - ADOPT ORDINANCE 3614 AND AUTHORIZE THE CHAIR TO SIGN. (FROM 6-13-00 [3.20]) 18. Adoption of a Salary Ordinance Amendment - the Probation Department has requested the Personnel Department prepare a salary ordinance amendment which deletes one position of Juvenile Hall Counselor II, and adds one position of Probation Officer III/II/I. The position is funded by Temporary Assistance for Needy Families funds, and will provide a position with greater authority to staff the Court Day School - action requested - ADOPT ORDINANCE 3615 AND AUTHORIZE THE CHAIR TO SIGN. (FROM 6-13-00 [3.21] ) 19. Adoption of a Salary Ordinance Amendment - the Probation Department has requested the Personnel Department prepare a salary ordinance amendment which deletes one position of Probation Officer III, and adds one position of Probation Officer III/II/I. Flexibly staffing the position will provide the department with a wider range of staffing choices - action requested - ADOPT ORDINANCE 3616 AND AUTHORIZE THE CHAIR TO SIGN. (FROM 6-13-00 [3.22] ) Page 226 July 11, 2000 July 11, 2000 00-212 20. Adoption of a Salary Ordinance Amendment - Board approval is requested by the Personnel Department for an ordinance which incorporates changes associated with the recommendations contained in the Butte County Fiscal Year 2000-2001 Proposed Budget as follows: Administration - adds one position of Deputy Administrative Officer/Principal Analyst/ Administrative Analyst III/II/I, and one position of Administrative Services Assistant/Principal Clerk. Auditor-Controller - adds one position of Auditor-Accountant III/II/I, and one position of Auditor-Accountant II/I/Accounting Specialist. Personnel - adds one position of Personnel Analyst I. County Clerk-Elections and Registration - adds one position of Deputy County Clerk-Elections III/II/I. District Attorney-Family Support Division - deletes three positions of Supervising Family Support Case Manager, and one position of Senior Account Clerk/Account Clerk; adds one position of Information Systems Analyst II, two positions of Auditor-Accountant II, one position of Auditor-Accountant I, eleven positions of Family Support Case Manager I, one position of Receptionist, four positions of Accounting Specialist, two positions of Legal Typist Clerk, one position of Courier/Stock Clerk, one position of Administrative Services Assistant, seven positions of Office Assistant III, and eight positions of Office Assistant II. Probation - adds one position of Probation Officer III/II/I, and one half-time position of Probation Technician. Public works-General Administration - adds one position of Auditor-Accountant III. Public Health-General Services - adds one half-time position of Public Health Nurse III/II/I, one term position of Health Education Specialist II/I (term to end 6-30-01), and two term positions of Public Health Assistant I (terms to end 6-30-01) Behavioral Health- General Services - adds one position of Supervisor-Mental Health Clinician, one position of Supervisor-Mental Health Counselor, four positions of Mental Health Clinician II/I, four positions of Senior Mental Health Counselor/Mental Health Counselor/Mental Health worker, one position of Psychiatric Technician, two positions of Health Education Specialist II/I, two positions of Medical Records Technician II/I, one position of Auditor- Accountant II/I, one position of Accounting Specialist/Senior Account Clerk/Account Clerk, and two positions of Office Assistant III/II/I. welfare- Administration - adds two positions of Social worker III/II, and three positions of Social Services Aide. welfare-Eligibility - adds four positions of Eligibility Technician II/I. welfare-Services - adds two positions of Social worker III/II/I. welfare-CalwORKs - adds two positions of Senior Employment and Eligibility Technician. Administration-Veterans' Service Office - adds one position of Veterans' Services Representative. Information Systems - adds one position of Information Systems Technician II. Page 227 July 11, 2000 July 11, 2000 00-212 20. Administration-Buildings and Grounds Maintenance - adds (cont.) one position of Administrative Analyst III/II/I, and one position of Building Crafts worker III. Administration - Central Communications - adds one position of Administrative Analyst III/II/I - action requested - ADOPT ORDINANCE 3617 AND AUTHORIZE THE CHAIR TO SIGN. (FROM 6-27-00 [5.04 (3) ] ) 21. Introduction of a Salary Ordinance Amendment - the Personnel Department has prepared a salary ordinance amendment in response to a classification study for the welfare Department as part of the meet and confer process with the Management, Confidential and Supervisory Unit. The ordinance makes the following changes: 1)reclassifies - an Eligibility Supervisor position to Employment and Eligibility Supervisor, a Social worker Supervisor I position to Social worker Supervisor II (Services), a Supervisor-Staff Support Services position to Administrative Analyst II, a Staff Services Systems Specialist position to Supervisor Staff Support Services, an Administrative Services Assistant position to Information Systems Technician I, and an Eligibility Training Officer position to Employment and Eligibility Training Officer; 2) implements a 5.980 market adjustment for the classification of Employment and Eligibility Supervisor, effective October 2, 1998; 3) reclassifies the welfare Staff Analyst incumbents to Administrative Analyst III positions; and 4) updates and revises the job specifications for the positions of Administrative Analyst III, Assistant County welfare Director, Employment and Eligibility Supervisor, Employment and Eligibility Training Officer, Employment Services Supervisor, Staff Development Officer, and Social worker Supervisor II/I - action requested - WAIVE READING OF THE ORDINANCE. 22. Installation of Storm Drainage Facilities Along Oroville Chico Highway - County Project No. 48253-95-1 - Contract Change Order (CCO) No. 1 - CCO No. 1, in the increasing amount of $4,400, provides for the required use of reinforced concrete pipe in lieu of corrugated metal pipe - action requested - APPROVE CCO NO. 1 AND AUTHORIZE THE CHAIR TO SIGN. 23. Summary Abandonment of a Portion of Unused Right-of-way on wookey Road - Board approval is requested by the Public works Department for a resolution which provides for the summary abandonment of an unused 50-foot right- of-way easement along wookey Road (APN 047-200-090). All utilities have been contacted, and no objections to the abandonment were received - action requested - ADOPT RESOLUTION 00-92 AND AUTHORIZE THE CHAIR TO SIGN. Page 228 July 11, 2000 July 11, 2000 00-212 24. Employment Agreements - Amendments - Board approval is requested for amendments to the following employment agreements: Director of welfare - extends the term for an additional three years, and includes a provision obligating the Board to determine its desire to renew or not renew the contract prior to six months before the contract expires; Director of Development Services - extends the term for an additional three years, provides a provision for a cellular telephone allowance, and includes a provision obligating the Board to determine its desire to renew or not renew the contract prior to six months before the contract expires; Director of Libraries - extends the term for an additional three years, and includes a provision obligating the Board to determine its desire to renew or not renew the contract prior to six months before the contract expires; and Chief Administrative Officer - provides a provision for a cellular telephone allowance - action requested - APPROVE EMPLOYMENT AGREEMENT AMENDMENTS AND AUTHORIZE THE CHAIR TO SIGN. 25. Public Defenders - Board approval is requested by the Administrative Office for an amendment to the agreement with the consortium of attorneys which provide Public Defender services for the County. The amendment provides for the rotation of executive officer duties between the attorneys as provided for in the agreement - action requested - APPROVE AGREEMENT AMENDMENTS FOR RONALD REED, DENNY FORLAND, AND ROBERT RATCLIFFE AND AUTHORIZE THE CHAIR TO SIGN. (Contract Nos. X10182, X10184, X10189) 26. Butte County Noxious weeds Management Group - Memorandum of Understanding (MOU) - Board approval is requested by the Agricultural Commissioner to enter into a Memorandum of Understanding which establishes a weed management area in Butte County. The Agricultural Commissioner, the Public works Department, the Department of water and Resource Conservation, and Butte County Fire will all be participants in the program. Assembly Bill 1168 established and funds a Noxious weed Management Account to manage and eradicate noxious local weeds through the use of local weed management areas. The Butte County Agricultural Advisory Commission recommends participation in the program - action requested - APPROVE MEMORANDUM OF UNDERSTANDING AND AUTHORIZE THE CHAIR TO SIGN; AND DELEGATE THE AGRICULTURAL COMMISSIONER TO ADMINISTER THE PROGRAM ON BEHALF OF THE COUNTY AND TO SEEK FUNDING FOR LOCAL WEED MANAGEMENT ACTIVITIES. Page 229 July 11, 2000 July 11, 2000 00-212 27. United States Department of Agriculture (USDA), Animal and Plant Health Inspection Services (APHIS), wildlife Services Agreement - Board approval is requested by the Agricultural Commissioner for an Annual work Plan and agreement with the USDA for wildlife damage management on properties within Butte County. The plan provides for wildlife Services to supply all program supervision, administration, and equipment to reduce, terminate, and prevent predation and damage to livestock, crops and other property caused by damaging birds and mammals. Butte County's share of the agreement is $30,000 (department budget) - action requested - APPROVE WORK PLAN AND AGREEMENT AND AUTHORIZE THE AGRICULTURAL COMMISSIONER TO SIGN. (Contract No. X11212) 28. Michael Hitchko, Ph.D. - Amendment - Board approval is requested by the Butte County Department of Behavioral Health for an amendment to the agreement with Michael Hitchko, Ph.D., for the provision of psychology services. The amendment extends the term of the agreement for an additional year, with a maximum amount payable for fiscal year 2000-2001 of $45,000 (department budget) - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. 29. Victor Mlotok, M.D. - Amendment - Board approval is requested by the Butte County Department of Behavioral Health for an amendment to the agreement with Victor Mlotok, M.D., for the provision of psychiatric services. The amendment extends the term of the agreement for an additional year, with a maximum amount payable for fiscal year 2000-2001 of $146,630(department budget) - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. 30. Shepard Greene, M.D. - Board approval is requested by the Butte County Department of Behavioral Health for an agreement with Shepard Greene, M.D., for the provision of psychiatric services. The term of the agreement is July 1, 2000, through June 30, 2001, with a maximum amount payable of $176,800 (department budget) - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. Page 230 July 11, 2000 July 11, 2000 00-212 31. Echo Consulting Services of California, Inc. - Amendment - Board approval is requested by the Butte County Department of Behavioral Health for an amendment to the agreement with Echo Consulting Services of California, Inc., for the provision of software maintenance, support, and enhancement of the department's computer system. The amendment extends the term of the agreement for an additional year, with a maximum amount payable for fiscal year 2000-2001 of $74,049 (department budget) - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. 32. Computer Head Starter Program - Amendment - Board approval is requested by the Butte County Department of Behavioral Health (BCDBH) for an amendment to the agreement with the Computer Head Starter Program for the provision of job skills training, health education, and interpersonal skills development for BCDBH clients. The amendment extends the contract for an additional year, with a maximum amount payable for fiscal year 2000-2001 of $50,000 (department budget) - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. 33. Portia Lyde - Board approval is requested by the District Attorney-Family Support Division for a lease agreement with Portia Lyde for office space located at 1447 Huntoon Street, Oroville, which will be utilized as a training facility for the new automated child support enforcement system. The term of the agreement is June 1, 2000, through July 30, 2003. The current year cost, including infill costs, will be $34,420 (department budget). The lease amount for each remaining year will be $920 per month (department budget) - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X11709) 34. Constance Hornig, Attorney - Board approval is requested by the Public works Department for an agreement with Constance Hornig for the provision of legal consulting services in support of the Household Hazardous waste Services Program. The term of the agreement is one year, in an amount not to exceed $50,000 (department budget) - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. Page 231 July 11, 2000 July 11, 2000 00-212 35. Superior Court of California-County of Butte/Butte County Treasurer-Tax Collector - Memorandum of Understanding - Board approval is requested by the Treasurer-Tax Collector for a MOU with the Superior Court of California-County of Butte, which details the enhanced collections and compliance program - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. 36. Northern Valley Catholic Social Services - Board approval is requested by the welfare Department for an agreement with Northern Valley Catholic Social Services for the provision of the Family Preservation and Support Program. The term of the agreement is October 1, 1999, through September 30, 2002, with a maximum amount payable of $191,209 (department budget) per fiscal year - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X11699) 37. Butte County Department of Behavioral Health - Youth Treatment Services - Report to the Board - the Chico and Oroville Youth Treatment Services divisions submit information about therapy groups with adolescents utilizing outdoor settings and activities - action requested - ACCEPT FOR INFORMATION. (153) MOTION: I MOVE TO APPROVE THE CONSENT AGENDA WITH THE REMOVAL OF ITEMS 3.22 AND 3.39. S M VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) Regular Agenda 00-213 Consideration of the addition of an item to the agenda: Application for Reimbursement under the Federal Alien Assistance Program - request for authorization to apply for funding. (168) MOTION: PURSUANT TO GOVERNMENT CODE SECTION 54954.2(b)(2), I MOVE TO ADD THIS MATTER TO THE AGENDA; FINDING THAT THERE IS A NEED TO TAKE ACTION ON THE PROPOSED MATTER, AND THAT THE NEED FOR ACTION CAME TO THE ATTENTION OF THE BOARD SUBSEQUENT TO THE POSTING OF THE AGENDA. S M VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) MOTION: I MOVE TO AUTHORIZE AN APPLICATION TO THE FEDERAL GOVERNMENT FOR REIMBURSEMENT OF QUALIFIED EXPENDITURES RELATING TO HOUSING OF NON-UNITED STATES CITIZENS; AND TO DESIGNATE THE SHERIFF- CORONER AS THE COUNTY'S SIGNING AUTHORITY FOR THE APPLICATION, AND TO DESIGNATE CAPTAIN WAUGH AS THE DESIGNATED CONTACT PERSON FOR THE ADMINISTRATION OF THE PROCESS. M S VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) Page 232 July 11, 2000 July 11, 2000 00-214 Appointments - Commissions and Committees. (245) 1. Appointments to committee vacancies. SUPERVISOR BEELER RESIGNS FROM THE AB 939 RECYCLING AND SOURCE REDUCTION IMPLEMENTATION COMMITTEE DUE TO A POSSIBLE CONFLICT OF INTEREST. SUPERVISOR DAVIS TO REPLACE SUPERVISOR BEELER. THE AIRPORT LAND USE COMMISSION VACANCY WILL BE INCLUDED ON THE AGENDA OF JULY 25, 2000. ALL PERSONS INTERESTED IN APPLYING FOR A POSITION ON THAT COMMISSION SHOULD SUBMIT A LETTER OF INTEREST TO THE BOARD PRIOR TO THAT MEETING. 00-215 Update on legislative and budget activities. (336) JOHN S. BLACKLOCK, CHIEF ADMINISTRATIVE OFFICER INFORMS THE BOARD THAT THE LEGISLATURE IS IN RECESS UNTIL AUGUST 7, 2000. THE BOARD WAS ALSO INFORMED THAT THE CHIEF ADMINISTRATIVE OFFICER OF SAN MATEO COUNTY IS ATTEMPTING TO INTRODUCE A STATE WIDE INITIATIVE TO ADDRESS THE LACK OF FUNDING FROM THE STATE FOR LOCAL GOVERNMENTS. 00-216 State water Project - Report to the Board - presentation to the Board by Raymond D. Hart, Deputy Director, Department of water Resources, regarding the status of an amendment for Butte County's contract with the State water Project - action requested - ACCEPT FOR INFORMATION. (462) REPORT TO THE BOARD BY RAYMOND D. HART, DEPUTY DIRECTOR, DEPARTMENT OF WATER AND RESOURCE CONSERVATION. 00-217 In-Home Supportive Services (IHSS) Advisory Committee - consideration of delegating the responsibility of solicitation and initial screening of applicants for membership to the In- Home Supportive Services Advisory Committee to the welfare Department - action requested - DIRECT THE WELFARE DEPARTMENT ASSEMBLY BILL 1682 TASK FORCE TO SOLICIT MEMBERS FOR THE IHSS ADVISORY COMMITTEE AND TO SUBMIT TO THE BOARD A LIST OF POTENTIAL MEMBERS. (616) MOTION: I MOVE TO DIRECT THE WELFARE DEPARTMENT ASSEMBLY BILL 1682 TASK FORCE TO SOLICIT MEMBERS FOR THE IHSS ADVISORY COMMITTEE AND TO SUBMIT A LIST OF POTENTIAL MEMBERS TO THE BOARD. M S VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) Page 233 July 11, 2000 July 11, 2000 00-218 California Department of Food and Agriculture - Board approval is requested by the Agricultural Commissioner for a revenue agreement with the California Department of Food and Agriculture for funds in support of Glassy-winged Sharpshooter/ Pierces Disease activities. The County will receive up to $58,024 in restricted funds for fiscal years 1999-2000 and 2000-2001 in support of the work plans - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. R40234) (947) MOTION: I MOVE TO APPROVE THE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. S M VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) 00-219 Award of Bid - Construction of Turn Pockets on Durham Pentz Road at the Intersections of Williams Road and Campus Drive - County Project No. 43341-99-1 - the project is necessary to enhance safety. Bids will be opened on July 10, 2000. Bid results will be reported at the meeting - action requested - AWARD BID TO LOWEST RESPONSIBLE BIDDER AND AUTHORIZE THE DIRECTOR OF PUBLIC WORKS TO SIGN CONSTRUCTION CONTRACT SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (1407) REPORT OF BID RESULTS BY MIKE CRUMP, DIRECTOR OF PUBLIC WORKS. MOTION: I MOVE TO AWARD THE BID TO LOW BIDDER ROBINSON CONSTRUCTION COMPANY, INC., IN THE AMOUNT OF $138,923, AND AUTHORIZE THE DIRECTOR OF PUBLIC WORKS TO SIGN CONSTRUCTION CONTRACT SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. M S VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) 00-220 Recess as the Butte County Board of Supervisors and convene as the Thompson Flat Cemetery District Board of Trustees. (1471) 1. Gridley-Biggs Cemetery District - Amendment - Board approval is requested for an amendment to the agreement with the Gridley-Biggs Cemetery District for the operation and maintenance of the Thompson Flat Cemetery District cemetery grounds. The amendment extends the term of the agreement through June 30, 2001 with all other terms and conditions to remain the same - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. MOTION: I MOVE TO APPROVE THE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. S M VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) Page 234 July 11, 2000 July 11, 2000 00-220 2. Other Business (NONE) 3. Public Comment (NONE) Adjourn as the Thompson Flat Cemetery District Board of Trustees and reconvene as the Butte County Board of Supervisors. Regular Agenda 00-221 Items removed from the Consent Agenda for Board discussion and action. (1537) 1. Introduction of a Salary Ordinance Amendment - the Personnel Department has prepared a salary ordinance amendment which creates the classification of File Clerk- Extra Help, with a pay rate of $7.25 per hour - action requested - WAIVE READING OF THE ORDINANCE. ITEM REMOVED FROM THE AGENDA WITHOUT ACTION TO ALLOW THE PERSONNEL DEPARTMENT TO MEET WITH THE BUTTE COUNTY EMPLOYEES ASSOCIATION TO DISCUSS THE MATTER. 2. Butte County Policy on Computer Use and Ethics - consideration of a policy regarding the use of County computer programs and equipment - action requested - APPROVE POLICY AND DIRECT THE DIRECTORS OF PERSONNEL AND INFORMATION SYSTEMS TO COMMENCE TRAINING OF DEPARTMENT HEADS AND SUPERVISORY STAFF ON ADMINISTRATION OF THE NEW POLICY. MOTION: I MOVE TO APPROVE THE POLICY AND DIRECT THE DIRECTORS OF PERSONNEL AND INFORMATION SYSTEMS TO COMMENCE TRAINING OF DEPARTMENT HEADS AND SUPERVISORY STAFF ON ADMINISTRATION OF THE NEW POLICY. S M VOTE: l Y 2 N 3 Y 4 Y 5 Y (Motion Carried) RECESS: 10:02 A.M. RECONVENE: 10:12 A.M. Page 235 July 11, 2000 July 11, 2000 00-222 CLOSED SESSION: THE BOARD RECESSED AT 10:12 A.M. TO A CLOSED SESSION CONFERENCE WITH LEGAL COUNSEL REGARDING ACTUAL LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a) NOEL V. COUNTY OF BUTTE; CONFERENCE WITH LEGAL COUNSEL REGARDING SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(b)(1) ONE POTENTIAL CASE; AND A PUBLIC EMPLOYEE PERFORMANCE EVALUATION PURSUANT TO GOVERNMENT CODE SECTION 54957: CHIEF ADMINISTRATIVE OFFICER. (1768) RECONVENE: THE BOARD RECONVENED AT 10:41 A.M. FROM A CLOSED SESSION CONFERENCE WITH LEGAL COUNSEL REGARDING ACTUAL LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a) NOEL V. COUNTY OF BUTTE; CONFERENCE WITH LEGAL COUNSEL REGARDING SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(b)(1) ONE POTENTIAL CASE; AND A PUBLIC EMPLOYEE PERFORMANCE EVALUATION PURSUANT TO GOVERNMENT CODE SECTION 54957: CHIEF ADMINISTRATIVE OFFICER. (1866 [NO ANNOUNCEMENTS]) Public Hearincrs and Timed Items 00-223 Public Hearing - County Service Area (CSA) No. 82 - Stirling City Sewer - consideration of the imposition of an increase of $32.90 per unit in the annual per parcel service charge for fiscal year 2000-2001 and for future fiscal years. The charge is necessary to provide adequate funding for services provided within the CSA, as set forth in the proposed budget for the CSA - action requested - OPEN HEARING; REQUEST PROTESTS RECEIVED; IF A MAJORITY PROTEST IS NOT RECEIVED, ADOPT A RESOLUTION APPROVING THE INCREASE IN THE PER PARCEL SERVICE CHARGE FOR CSA NO. 82; IF A MAJORITY PROTEST IS NOT RECEIVED, AND THE CSA HAS BEEN AWARDED A COMMUNITY DEVELOPMENT BLOCK GRANT, ADOPT A RESOLUTION APPROVING A LOAN OF $25,000 TO THE CSA; AND APPROVE BUDGET TRANSFER B-003 (4 /5 vote required) ACCEPTING AND APPROPRIATING UNANTICIPATED REVENUE. (FROM 5- 16-00 [3.04]) (1875) THE PUBLIC WORKS DEPARTMENT INFORMED THE BOARD THAT THE COUNTY DID NOT RECEIVE THE COMMUNITY DEVELOPMENT BLOCK GRANT. THE RESOLUTION FOR CONSIDERATION OF A LOAN TO THE CSA, AND THE BUDGET TRANSFER ASSOCIATED WITH THAT ACTION, WERE REMOVED FROM THE AGENDA. HEARING OPENED: 10:50 A.M. HEARING CLOSED: 10:51 A.M. Page 236 July 11, 2000 July 11, 2000 00-223 PROTESTS RECEIVED: NONE MOTION: I MOVE TO ADOPT RESOLUTION 00-93 APPROVING THE INCREASE IN THE PER PARCEL SERVICE CHARGE FOR CSA NO. 82. S M VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) 00-224 Public Hearing - James R. Black - General Plan Amendment and Rezone - consideration of a General Plan Amendment from Orchard and Field Crops General Plan designation to an Agricultural Residential General Plan designation and a Rezone from A-10 (Agricultural - 10 acre parcels) to SR-3 (Suburban Residential - 3 acre parcels) on a 9.91 acre parcel (item on which a negative declaration with mitigation measures regarding environmental impacts has been recommended). The property is located at the southeast corner of Burdick Road and Turner Lane in the Durham area, and identified as APNs 040-020-166, 167, and 168 (DB [File # UP00-05]) - action requested - SUBJECT TO THE INCONSISTENCIES WITH THE DURHAM-DAYTON-NELSON PLAN AND THE AGRICULTURAL ELEMENT OF THE GENERAL PLAN, AS DETAILED IN ITEM I OF THE STAFF REPORT DATED JULY 11, 2 0 0 0 , DENY THE GENERAL PLAN AMENDMENT AND REZONE FOR JAMES R. BLACK. (FROM 6-13-00 [3.09] ) (2292) PUBLIC HEARING OPENED: 10:55 A.M. PUBLIC HEARING CLOSED: 10:59 A.M. MOTION: I MOVE FOR A MOTION OF INTENT TO APPROVE THE GENERAL PLAN AMENDMENT AND REZONE AND DIRECT STAFF TO RETURN TO THE BOARD WITH THE NECESSARY FINDINGS TO SUPPORT THE APPROVAL. S M VOTE: l Y 2 N 3 N 4 Y 5 Y (Motion Carried) RECESS: 11:01 A.M. RECONVENE: 11:16 A.M. Page 237 July 11, 2000 July 11, 2000 Public Hearings and Timed Items 00-225 Continued Timed Item - Consideration of an Appeal - the Butte County Correctional Officers Association filed a recognition petition and request for modification to the existing General Unit, and the formation of a new bargaining unit(s) for correctional officers and correctional supervisors. The Employee Relations Officer denied the petition, and the Butte County Correctional Officers Association filed an appeal of that determination pursuant to Personnel Rule 10.9 - action requested - RECONVENE HEARING AND MAKE DETERMINATION. (FROM 6-13-00 [5.02]) (2865)(**00) HEARING RECONVENED: 11:22 A.M. HEARING CLOSED: 11:29 A.M. MOTION: I MOVE TO APPROVE THE APPEAL AND RECOGNITION PETITION TO FORM A NEW BARGAINING UNIT. S M VOTE: l Y 2 Y 3 Y 4 N 5 NV (Motion Carried) 00-226 Timed Item - Consideration of an Appeal - the Service Employees International Union filed a recognition petition and request for modification to the existing General Unit and Management Unit, and for the formation of a new bargaining unit for court employees. The Employee Relations Officer denied the petition, and the Service Employees International Union filed an appeal of that determination pursuant to Personnel Rule 10.9 - action requested - OPEN HEARING FOR PUBLIC COMMENT AND SUBMISSION OF TESTIMONY AND OTHER EVIDENCE, AND CONTINUE HEARING FOR CONCLUSION AND FINAL DETERMINATION BY BOARD. (**731) HEARING CONVENED AT 11:55 A.M. MOTION: I MOVE TO CONTINUE THIS MATTER TO SEPTEMBER 12, 2000, AT 11:15 A.M. S M VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) 00-227 CLOSED SESSION: THE BOARD RECESSED AT 12:20 P.M. TO A CLOSED SESSION CONFERENCE WITH LEGAL COUNSEL REGARDING ACTUAL LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a) NOEL V. COUNTY OF BUTTE; CONFERENCE WITH LEGAL COUNSEL REGARDING SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(b)(1) ONE POTENTIAL CASE; AND A PUBLIC EMPLOYEE PERFORMANCE EVALUATION PURSUANT TO GOVERNMENT CODE SECTION 54957: CHIEF ADMINISTRATIVE OFFICER. (**1885) Page 238 July 11, 2000 July 11, 2000 00-227 RECONVENE: THE BOARD RECONVENED AT 1:25 P.M. FROM A CLOSED SESSION CONFERENCE WITH LEGAL COUNSEL REGARDING ACTUAL LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a) NOEL V. COUNTY OF BUTTE; CONFERENCE WITH LEGAL COUNSEL REGARDING SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(b)(1) ONE POTENTIAL CASE; AND A PUBLIC EMPLOYEE PERFORMANCE EVALUATION PURSUANT TO GOVERNMENT CODE SECTION 54957: CHIEF ADMINISTRATIVE OFFICER. (**1967 [NO ANNOUNCEMENTS]) Public Hearincrs and Timed Items 00-228 Public Hearing - Community Development Block Grant Program: 1. Planning and Technical Grant No. 98-STBG-1321 - the County is closing out this grant. Funds were utilized to prepare an engineering study of the Stirling City Septic Management System - action requested - ACCEPT REPORT AND RECEIVE ANY TESTIMONY PRESENTED; 2. Consideration of an application to the State of California Community Development Block Grant Program for funds to prevent slums and blight, to the benefit of low and moderate income households, and to meet other urgent community development needs. The County is eligible to apply for up to $500,000 per grant, and up to $800,000 in any one year. In addition, the County may apply for up to $70,000 per year in planning and technical assistance grants - action requested - SOLICIT IDEAS FROM THE PUBLIC ON POTENTIAL GRANT ACTIVITIES; 3. Grant 97-STBG-1103 - Oroville Southside Community Center - the County is proposing the reallocation of the loo set-aside funds ($40,275) associated with the grant. The reallocation will allow funds to be used to assist in the development of the Oroville Southside Community Center - action requested - SOLICIT COMMENTS FROM THE PUBLIC ON THE PROPOSED REALLOCATION OF CDBG FUNDS FOR THE SOUTHSIDE OROVILLE COMMUNITY CENTER; AND Page 239 July 11, 2000 July 11, 2000 00-228 4. State of California Planning and Technical Assistance Grant - it is proposed that the County apply for a Planning and Technical Assistance Grant in an amount up to $35,000 for funds to prepare a Business Retention/Expansion Analysis and a Purchase Order Financing Feasibility Study. The studies will benefit members of the targeted income group in retaining and obtaining employment opportunities - action requested - ADOPT A RESOLUTION APPROVING THE APPLICATION FOR FUNDING AND EXECUTION OF THE GRANT AGREEMENT AND AUTHORIZING USE OF UP TO $1,050 IN CDBG PROGRAM INCOME FUNDS, AND AUTHORIZE THE CHAIR TO SIGN. (**1978) PUBLIC HEARINGS OPENED: 1:35 P.M. PUBLIC HEARINGS CLOSED: 1:36 P.M. MOTION: I MOVE TO ADOPT RESOLUTION 00-94 APPROVING THE APPLICATION FOR FUNDING AND EXECUTION OF THE GRANT AGREEMENT AND AUTHORIZING USE OF UP TO $1,050 IN CDBG PROGRAM INCOME FUNDS, AND AUTHORIZE THE CHAIR TO SIGN. M S VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) 00-229 Timed Item - Status of 1995 Agricultural Element Implementation Programs and Recommendations to Proceed with Process - consideration of the Planning Commission's procedural recommendations for the implementation of the program - action requested - DIRECT STAFF TO INITIATE THE NECESSARY REVISIONS TO THE ZONING ORDINANCE TO IMPLEMENT THE 1995 AGRICULTURAL ELEMENT AND INITIATE REZONING OF LANDS WITHIN THE GRAZING AND OPEN LANDS TO CONFORM WITH THE 40-ACRE MINIMUM LOT SIZE STANDARD IN TWO SEPARATE PHASES, AS DETAILED IN THE STAFF REPORT DATED JULY 11, 2000. (**2954) (***00) MOTION: I MOVE TO DIRECT STAFF TO INITIATE THE NECESSARY REVISIONS TO THE ZONING ORDINANCE TO IMPLEMENT THE 1995 AGRICULTURAL ELEMENT AND INITIATE REZONING OF LANDS WITHIN THE GRAZING AND OPEN LANDS TO CONFORM WITH THE 40-ACRE MINIMUM LOT SIZE STANDARD IN TWO SEPARATE PHASES, AS DETAILED IN THE STAFF REPORT DATED JULY 11, 2000. M S VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) 00-230 Public Comment (PRESENTATIONS WILL BE LIMITED TO FIVE MINUTES. THE BOARD OF SUPERVISORS IS PROHIBITED BY STATE LAW FROM TAKING ACTION ON ANY ITEM NOT LISTED ON THE AGENDA.) (***1096)(NONE) Page 240 July 11, 2000 July 11, 2000 Communications 00-231 Communications received and referred. (A LISTING AND COPIES OF ADDITIONAL COMMUNICATIONS RECEIVED BY THE BOARD ARE AVAILABLE IN THE CLERK OF THE BOARD OFFICE.) 1. Kathleen Connell, State Controller, writes to inform the Board that $381,956 in State-County Property Tax Administration Program loan funds have been issued to Butte County. (REFERRED TO CHIEF ADMINISTRATIVE OFFICER, ASSESSOR, AUDITOR-CONTROLLER [6-26-00]) ADJOURNMENT: there being no further business before the Board, the meeting was adjourned at 2:30 p.m. to reconvene at a regular meeting of the Board on Tuesday, July 25, 2000, at 9:00 a.m. JANE DOLAN, CHAIR Attest: John S. Blacklock, Chief Administrative Officer and Clerk of the Board of Supervisors By. Page 241 July 11, 2000