HomeMy WebLinkAboutM081099BOARD OF SUPERVISORS
MINUTES
R.J. REELER, 1st District
JANE DOLAN, 2nd District
MARY ANNE ROUX, 3rd District
CURT JOSIASSEN, 4th District
FRED C. DAVIS, 5th District
Auctust 10, 1999
99-243
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 - Pastor John Taylor, Foothill Church of Christ,
Oroville. (NOT PRESENT)
Items removed from the Consent Agenda for Board consideration and
action. {129)
1. Introduction of a Salary Ordinance Amendment - the Sheriff-
Coroner has requested the Personnel Department prepare a
salary ordinance amendment which will support the
implementation of a reorganization plan for the command
structure of the Sheriff's Office. The ordinance will: 1)
eliminate the Assistant Sheriff classification; 2) create one
at-will position of Undersheriff; 3) create the
classification of Sheriff's Captain; and 4} allocate the
newly created positions to the 5heriff's budget units -
action requested - ADOPT THE MEDIATOR'S RECOMMENDED
SETTLEMENT AGREEMENT DATED JULY 28, 1999; AND WAIVE READING
OF SALARY ORDINANCE AMENDMENT. (FROM 7-27-99)
2. American Red Cross, Butte County Chapter - Statement of
Understanding - Board approval is requested by the Emergency
Services Officer for a Statement of Understanding with the
American Red Cross for the management of sheltering services
for persons with special needs during a prolonged disaster
event. The agreement provides that Red Cross will manage
sheltering services and the Butte County Department of Public
Health will provide medical care services - action
requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO
SIGN.
Page 251 August 10, 1999
August 10. 1999
99-243
3. State of California, Office of Criminal Justice Planning -
Marijuana Suppression Grant 1999-2000 - Board approval is
requested by the Sheriff's Office for a three year grant
from the Office of Criminal Justice Planning to assist in
investigating, arresting, and prosecuting persons
cultivating, selling, and trafficking marijuana. The term
of the grant is July 1, 1999, through June 30, 2002, with
an award of 5207,914 (100 State} for fiscal year 1999-2000 -
action requested - ADOPT RESOLUTION APPROVING GRANT AND
AUTHORIZE THE CHAIR TO SIGN; AUTHORIZE THE SHERIFF-CORONER
TO SIGN GRANT APPLICATION AND FUTURE DOCUMENTS RELATING TO
THE GRANT; DIRECT PERSONNEL TQ CREATE A SALARY ORDINANCE
AMENDMENT ADDING TWO TERM POSITIONS IN SUPPORT OF THE GRANT;
AND APPROVE BUDGET TRANSFER B-012 (4/5 vote required)
ACCEPTING AND APPROPRIATING UNANTICIPATED GRANT REVENUE.
Consent Aoenda
99-244
1. Approval of Minutes - action requested - APPROVE MINUTES OF
JULY 13, 1999; JULY 16, 1999; AND JULY 27, 1999.
2. County Library Donations - in accordance with Government Code
Section 25355, donations of $1,725 from Chico Friends of the
Library and $1,000 from Gridley 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. Armored Vehicle Donation - Gregory W. Irvin, President,
Armored Transport, Inc., of Los Angeles has donated an
armored vehicle valued at $50,000 to the Butte County
5heriff's Office - action requested - ACCEPT DONATION AND
AUTHORIZE A LETTER OF APPRECIATION.
~4. Butte County Fire Chief - action requested - APPOINT
WILLIAM R. SAGER BUTTE COUNTY FIRE CHIEF.
Page 252
August 10, 1999
August 10, 1999
"~" 99-244 5. Autumn Park Subdivision, Phase I - Final Map - APN
047-250-138, 21 lots plus owner's remaining lands located on
the west side of Garner Zane, approximately 1/4 mile north
of Rancho Road, north Chico area. The developer has provided
bonds to guarantee construction of the required road and
drainage improvements within a period of one year - action
requested - APPROVE FINAL MAP; ACCEPT THOSE PORTTONS OF
GARNER LANE, AUTUMN PARK DRIVE, WINESAP COURT AND COMICS
COURT AS OFFERED FOR DEDICATION TO THE COUNTY OF BUTTE
IN FEE SIMPLE IN ITEM A OF THE OWNER'S STATEMENT; ACCEPT
LOT "A" FOR STORM DRAINAGE FACILITIES AS OFFERED FOR
DEDICATION TO THE COUNTY OF BUTTE IN ITEM B OF THE OWNER'S
STATEMENT; ACCEPT EASEMENTS AS GRANTED IN ITEMS C AND E OF
THE OWNER'S STATEMENT ON BEHALF' OF THE ENTITIES NAMED; ACCEPT
THE RELINQUISHMENT OF ALL ABUTTER'S RIGHTS OF ACCESS AS
OFFERED TO THE COUNTY OF BUTTE IN ITEM F OF THE OWNER'S
STATEMENT (NOTE THAT THE EMERGENCY ACCESS EASEMENT AS OFFERED
IN ITEM D OF THE OWNER'S STATEMENT IS NOT ACCEPTED AT THIS
TIME); AND AUTHORIZE THE CHAIR TO SIGN THE SUBDIVISION
AGREEMENT.
6. Abandonment of Excess Right-of-Way - Board approval is
zequested by the Public works Department to abandon an excess
right-of-way between the north right-of-way line of Kusel
Road and the south right-of-way line of Ophir Road. It has
been determined that the land will not be needed for future
road projects - action requested - ADOPT RESOLUTION 99-102
FOR SUMMARY ABANDONMENT AND AUTHORIZE THE CHAIR TO SIGN; AND
AUTHORIZE THE SALE OF THE EXCESS RIGHT-OF--WAY THROUGH THE BTD
PROCESS.
7. Surplus Property - Board approval is requested by the General
Services Director for a resolution which declares a 100 foot
wide, 4.7 +/- acre strip of land located between Ophir and
Kusel Roads surplus to the needs of the County, establishes
the minimum sales price of $17, 000, and sets a public bid
opening for September 28, 1999, at 10:30 a.m. pursuant to
Government Code Section 65902 - action requested - ADOPT
RESOLUTION 99-103 AND AUTHORIZE THE CHAIR TO SIGN.
8. Welfare Department - Work Station Sole Source Purchase -
Board approval is requested by the welfare Department for the
sole source purchase of new workstations, and equipment to
retro-fit previously purchased workstations. The equipment,
in the amount of $29,884 (department budget), is being
purchased to replace and/or exchange existing equipment which
is ergonomically unsafe. The department is requesting sole
source approval to utilize the previous supplier of the
existing workstations utilized by the department - action
requested - APPROVE SOLE SOURCE PURCHASE OF FIXED ASSET
ITEMS.
Pages 253 August 10, 1999
August 10, 1999
99-244 9. Surplus Property - Vehicles - four vehicles which are either ~"'
beyond economic repair or are no longer utilized by the
departments have been transferred to County surplus - action
requested - DECLARE VEHICLES SURPLUS TO THE NEEDS OF THE
COUNTY AND AUTHORIZE DISPOSAL IN ACCORDANCE WITH COUNTY
POLICY.
10. Monthly Investment Report - the Treasurer-Tax Collector
• submits the June 30, 1999, report in accordance with the
Butte County Statement of Investment Policy dated
July 1, 1998 - action requested - ACCEPT FOR INFORMATION.
11. Inmate Welfare Fund - the Sheriff-Coroner submits an annual
' itemized report of expenditures from the Inmate Welfare Fund
for fiscal year 199$-99 pursuant to Penal Code Section 9025 -
action requested - ACCEPT FOR INFORMATION.
12. Relief from Accountability - Sheriff's Office - Board
approval is requested by the Auditor-Controller to grant
relief from accountability for $30 reported missing from the
receipts for the Prisoners Cash Trust Fund deposit
of June 27, 1999 - action requested - GRANT RELIEF FROM
ACCOUNTABILITY PURSUANT TO GOVERNMENT CODE SECTION 29390.
13. Adoption of a Salary Ordinance Amendment - the Superior Court
of California, County of Butte, has requested the Personnel
Department prepare a salary ordinance amendment which will
add one term position of Administrative Analyst III/II/I-
Courts (term to end 6-30-00) and one term position of
Administrative Services Assistant-Courts {term to end
6-30-00) in support of the Ca1wORKs program. These positions
will be fully funded utilizing CaIWORKs funds - action
requested - ADOPT ORDINANCE 3540 AND AUTHORIZE THE CHAIR TO
SIGN. (FROM 7-27-99)
14. Adoption of a Salary Ordinance Amendment - the Welfare
Department has requested the Personnel Department prepare a
salary ordinance amendment which reclassifies one position
of Micrographics 'Technician II to Office Assistant III, and
eleven positions of Receptionist to Office Assistant III,
pursuant to the recommendations contained in the
classification, compensation, and organizational study
` performed by Cooperative Personnel Services. In response to
the transition of the Public Guardian functions to the
Welfare Department, the proposed salary ordinance amendment
also reclassifies one position of Staff Services Systems
Specialist to Supervisor-staff Support Services - action
requested - ADOPT ORDINANCE 3541 AND AUTHORIZE THE CHAIR
To SIGN. (FROM 7-27-99)
Page 254 August 10, 1999
August 10. 1999
'"~'" 99-244 15. Introduction of a Salary Ordinance Amendment - the Personnel
Department has prepared a salary ordinance amendment which
establishes the classification of Director-Department of
Water and Resource Conservation and sets the salary at
$71,2$0 - action requested - WAIVE READING OF THE ORDINANCE.
16. Resolution Proclaiming National Rehabilitation Awareness
Week - the Work Training Center has requested the Board
adopt a resolution proclaiming September 12-18, 1999, as
National Rehabilitation Awareness Week - action requested -
ADOPT RESOLUTION 99-104 AND AUTHORIZE THE CHAIR TO SIGN.
17. Traffic Signal Installation at the Intersection of Ophir
Road and Lower Wyandotte Road, County Project No. 21461-
98-1 - the project is necessary to enhance safety due to
increased traffic from area development. Plans and
specifications have been completed for the project - action
requested - APPROVE PLANS AND SPECIFICATIONS AND AUTHORIZE
THE CHAIR AND THE DIRECTOR OF PUBLIC WORKS TO SIGN PLANS;
ADOPT WAGE SCALE; AND AUTHORIZE THE PUBLIC WORKS DEPARTMENT
TO ADVERTISE FOR BIDS.
18. NorthStar Engineering - Amendment No. 4 - Board
approval is requested by the Administrative Office for an
amendment to the agreement with NorthStar Engineering for the
provision of a Sewer Feasibility Study for areas north of
Lindo Channel. Amendment No. 4 provides for the preparation
of information to support the County's State Revolving Fund
loan application and to develop the criteria and methodology
to prioritize projects associated with sewer installation and
construction. The amendment increases the maximum amount
payable by $24,950 (CSA No. 114 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. X10804)
19. Balls, Anderson & Rolls Engineering - Amendment No. 4 - Board
approval is requested by the Administrative Office for an
amendment to the agreement with Rolls, Anderson & Rolls
Engineering for the provision of a Sewer Feasibility Study
for areas south of Lindo Channel. Amendment No. 4 provides
for the preparation of information to support the County's
State Revolving Fund loan application and to develop the
criteria and methodology to prioritize projects associated
with sewer installation and construction. The amendment
increases the maximum amount payable by $29,000 (CSA No. 114
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. X10$03)
Page 255 August 10, 1999
August 10, 1999
99-244 20. State of California, Department of Pesticide Regulation - ""~
Board approval is requested by the Agricultural
Commissioner's Office for a revenue agreement with the
Department of Pesticide Regulation for the provision of
pesticide permit regulation enforcement services. The term
of the agreement is July 1, 1999, through June 30, 2000, with
a maximum amount payable to the County of $33,925 - action
requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO
SIGN. (Contract No. R40156)
21. Multi-County Agreement - Liquefied Petroleum Gas Prover and
Trailer - Board approval is requested by the Agricultural
Commissioner's Office for an agreement with nine other
counties to provide for title, use, and maintenance of a 70
gallon liquefied petroleum gas prover and trailer. By
participating with other counties, the initial and future
maintenance costs of the equipment are reduced for all
parties - action requested ~ APPROVE AGREEMENT AND AUTHORIZE
THE CHAIR TO SIGN.
22. WAC Corporation -- Board approval is requested by the
Assessor's Office for an agreement with WAC Corporation for
the provision of aerial photography services. Aerial
photographs are utilized in the appraisal of agricultural
properties. The term of the agreement is June 3, 1999, _--.,
through August 31, 1999, with a maximum amount payable of
$40,500 ($25,000 AB 818 Funds/$15,500 department budget) -
' action requested -- APPROVE BUDGET TRANSFER B-Oll (4/5 vote
' required) AND APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO
SIGN. (Contract No. X11362) ~
23. Harbor Hills - Board approval is requested by the Butte
County Department of Behavioral Health (BCDBH) for an
amendment to an agreement with Harbor Hi11s for the
provision of residential care services to BCDBH clients as
an alternative to State hospitalization or a higher level of
care. The amendment extends the term of the agreement to
• September 30, 1999, with all other terms and provisions
remaining the same - action requested - APPROVE AGREEMENT
AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No.
X110557
Page 256 August 10, 1999
AuQUSt 10, 1999
99-244 24. State of California, Department of Mental Health (DMH) -
Managed Care Amendment - Board approval is requested by the
Butte County Department of Behavioral Health for an amendment
to the revenue agreement with the DMH for the provision of
additional certification services for public school sites and
"satellite sites" providing mental health services. The
term of the agreement remains April 1, 1998, through
June 30, 2000, with a maximum amount payable to the County
of $1,964,573 - action requested - ADOPT RESOLUTION 99-105
ACKNOWLEDGING ADDITIONAL SITES INCLUDED TN MANAGED CARE
CERTIFICATION CONTRACT AND AUTHORIZE THE CHAIR TO SIGN; AND
APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN
SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-
CONTROLLER. (Contract No. 840062)
25. Sunrise-Chico Creek Care & Rehabilitation - Board approval
is requested by the Butte County Department of Behavioral
Health for an agreement with Sunrise-Chico Creek Care &
Rehabilitation to provide two meals per day to patients in
the Psychiatric Health Facility. The term of the
agreement is July 1, 1999, through June 30, 2000, with
a maximum amount payable of $43,620 (department budget) -
action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR
TO SIGN. (Contract No. X11324}
26. Harvey Tullin, M.D. - Board approval is requested by the
Butte County Department of Behavioral Health for an agreement
with Harvey Tullin for the provision of psychiatric services
to children and adolescents in the Youth Services
Division. The term of the agreement is July 1, 1999, through
June 30, 2000, in the maximum amount payable of $79,560
(department budget) - action requested - APPROVE AGREEMENT
AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X11335}
27. Community Living Centers - JOBS PLUS - Board approval is
requested by the Butte County Department of Behavioral Health
(BCDBH) for an agreement with Community Living Centers - JOBS
PLUS for the provision of vocational experience to clients
of BCDBH. The term of the agreement is July 1, 1999,
through June 30, 2000, with a maximum amount payable of
$86,723 (department budget) - action requested - APPROVE
AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No.
x11334)
26. Urgent Medical Clinic - Board approval is requested by the
Butte County Department of Behavioral Health for an agreement
with Urgent Medical Clinic for the provision of "history and
physical" examinations for individuals in the Psychiatric
Health Facility. The term of the agreement is July 1, 1999,
through June 30, 2000, with a maximum amount payable of
$96,800 (department budget) - action requested - APPROVE
AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No.
X11349)
Page 257 August 10, 1999
August 10, 1999
99-244 29. Willow Glen Care Center - Amendment A -- Board approval is ""~
requested by the Butte County Department of Behavioral Health
for an amendment to the agreement with Willow Glen Care
Center for the provision of day care rehabilitative services.
The term of the agreement is July 1, 1999, through
June 30, 2000, with a maximum amount payable of $99,200
(department budget} - action requested - APPROVE AGREEMENT
AND AUTHORIZE THE CHAIR TO SIGN. {Contract No. X10785)
30. G. Douglas Day - Board approval is requested by County
Counsel for an agreement with G. Douglas Day far the
provision of small claims advisor services. The term of the
agreement is July 1, 1999, through June 30, 2000 - action
requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO
SIGN. (Contract No. X11343)
31. Prison Health Care Services, Inc. - Board approval is
recommended by the General Services Director for an agreement
' with Prison Health Care Services, Inc., for the provision of
health care services to individuals in custody in the Butte
County Jail and Juvenile Hall. The term of the agreement is
September 1, 1999, through August 31, 2000, with a maximum
amount payable per year of 5921,960 for jail services,
$109,56& for juvenile hall services, and $3,555 for a
performance bond (department budgets) - action requested - ,~
APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO
APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER.
32. State of California, Office of Statewide Health Planning and
Development - Board approval is requested by the Public
Health Department to accept a grant award of $50,000 (100$
State Funds) from the Rural Health Development Grant program.
These funds are to be utilized to purchase office
furnishings, medical supplies and equipment, and computer
hardware and software for the County's medical clinics. The
term of the grant is April 1, 1999, through June 30, 2000 -
action requested - ACCEPT GRANT AND AUTHORIZE THE CHAIR TO
SIGN GRANT AGREEMENT. (Contract No. R40146)
33. State Department of Health Services - Women, Infants and
Children (WIC) Amendment - Board approval is requested by the
Public Health Department for a revenue agreement with the
State Department of Health Services for funding far the WIC
program. The amendment provides the County with an
additional $17,588 (100 State funds) to provide WIC
services for the period of October Z, 1998, through
September 30, 1999 - action requested - APPROVE AGREEMENT
AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No.
R90118)
Page 258 August 10, 1999
Auaust 1.0~ 1999
99-244 34. California Family Health Council, Inc. - Board approval is
requested by the Public Health Department for a revenue
agreement with California Family Health Council, Inc., for
funding to provide additional family planning services to
clinic clients and to assist in year 2000 compliance
efforts. The term of the agreement is May 17, 1999, through
December 31, 1999, with a maximum amount of $80,175 -- action
requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN
SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-
CONTROLLER.
35. State Department of Health Services - AIDS Master Grant
Agreement - Board approval is requested by the Public Health
Department for a grant agreement with the State Department
of Health Services for funding for a variety of AIDS related
services. The term of the agreement is July 1, 1999, through
June 30, 2000, and provides $370,114 in grant funds (State
and Federal funds) for the different programs - action
requested - APPROVE MASTER GRANT AGREEMENT AND AUTHORIZE THE
CHAIR TO SIGN; AND AUTHORIZE THE DIRECTOR OF PUBLIC HEALTH
TO SIGN MEMORANDUMS OF UNDERSTANDING FOR THE SELECTED AIDS
PROGRAMS SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE
AUDITOR-CONTROLLER.
36. Federal Highway Administration - Board approval is requested
by the Public Works Department for an amendment to the
revenue agreement with the Federal Highway Administration for
the provision of Butte County surveys and rights-of-way to
complete field surveys on Oroville Quincy Highway from Lake
Madrone to 1.1 mile north of Mountain House. The amendment
increases the maximum amount payable to $267,700 - action
requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO
SIGN. (Contract No. R90096)
37. CSAC Excess Insurance Authority (CSAC-EIA) - Property
Insurance Program - Board approval is requested by the Risk
Manger for a Memorandum of Understanding (MOU) with CSAC-EIA
which provides for the consolidation of the two property
insurance programs into a single property program - action
requested -- ADOPT RESOLUTION 99-106 APPROVING PARTICIPATION
IN THE CSAC EXCESS INSURANCE AUTHORITY PROPERTY PROGRAM AND
AUTHORTZE THE CHAIR TO SIGN RESOLUTION AND MOU.
38. Compass Group, USA, Inc. - Board approval is requested by the
Sheriff's Office far a revenue agreement with Compass Group
USA, Inc., to provide inmate commissary services at the Butte
County Jail. The term of the agreement is June 1, 1999,
through May 31, 2004, with the amount payable to the County
being a variable percentage (15~ - 22~) based on net sales -
action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR
TO SIGN. (Contract No. R40145)
Page 259 August 10, 1999
August 10, 1999
99-244
MOTION:
VOTE:
39. Edward A. Craddock - Director-Water and Resource
Conservation - proposed is an employment contract for the
position of Director-Water and Resource Gonservatian with
a two year term beginning August 23, 1999, and an annual
salary of $71,280, including a monthly car allowance
of $520 - action requested - APPROVE EMPLOYMENT CONTRACT FOR
EDWARD A. CRADDOCK AS THE DIRECTOR OF THE DEPARTMENT OF WATER
AND RESOURCE CONSERVATION AND AUTHORIZE THE CHAIR TO SIGN.
40. Chico Urban Area Fire and Rescue Plan - Board approval is
requested by the Fire Department for the Chico Urban Area
Fire and Rescue Plan. The plan makes recommendations
designed to save lives, save property, protect natural
resources, save taxpayer dollars, provide reciprocity, and
provide far governmental continuity and accountability -
action requested -- ADOPT CHICO URBAN AREA FIRE AND RE5CUE
PLAN.
41. Butte County Operational Area Disaster Plan - Board approval
is requested by the Emergency Services Officer for the Butte
County Operational Area Disaster Plan pursuant to Chapter 8
of the Butte County Code - action requested - ADOPT PLAN AND
AUTHORIZE THE CHAIR TO SIGN. {162)
I MOVE TO APPROVE THE CONSENT AGENDA WITH THE REMOVAL OF ITEMS
3.15, 3.32, AND 3.41.
S M
l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
99--245
MOTION:
VOTE:
Items removed from the Consent Agenda for Board consideration and
action. (178)
1'. American Red Cross, Butte County Chapter - Statement of
Understanding - Board approval is requested by the Emergency
Services Officer for a Statement of Understanding with the
American Red Cross for the management of sheltering services
for persons with special needs during a prolonged disaster
event. The agreement provides that Red Cross will manage
sheltering services and the Butte County Department of Public
Health will provide medical care services - action
requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO
SIGN. (169)
PRESENTATION OF A CERTIFICATE OF RECOGNITION TO THE BUTTE COUNTY
BOARD OF SUPERVISORS BY DOREEN KELLY, AMERICAN RED CROSS, BUTTE
COUNTY CHAPTER.
I MOVE TO APPROVE THE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN.
M S
1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
Page 260 August 10, 1999
August 10, 1999
'""~ PRESENTATION OF RESOLUTION BY CHAIR DOLAN TO JOHN BEST, WORK
TRAINING CENTER. (316}
Regular Agenda
99-246 Appointments - Commissions and Committees (380)
A. Appointments to committee vacancies. (NONE)
99-297 Update on legislative and budget activities. (385} John S.
Blacklock, Chief Administrative Officer, informs the Board that
the .legislature has been on recess and there is no news from
Sacramento at this time.
99-298 Concerned Citizens - presentation of petitions circulated by the
Durham Library Group addressing concerns about water sales in
Butte County - action requested - ACCEPT FOR INFORMATION. (401}
PRESENTATION OF PETITIONS TO THE BOARD BY JAN HOLMAN.
BOARD DIRECTION THAT A TRANSCRIPT OF THE COMMENTS PRESENTED DURING
THIS ITEM BE PREPARED AND PROVIDED TO MEMBERS OF THE BOARD, THE
WATER COMMISSION, AND THE WATER COMMISSION'S TECHNICAL ADVISORY
COMMITTEE.
RECESS: 9:40 A.M.
RECONVENE: 9:46 A.M.
99-249 Solid Waste Issues - consideration of a comprehensive solid waste
management system for Butte County - action requested -
APPROVE THE CONCEPTS PRESENTED IN THE RECOMMENDED ACTION PLAN
DATED AUGUST 2, 1999, AND DIRECT THE PUBLIC WORKS DEPARTMENT TO
PROCEED WITH THE PLAN AS PRESENTED AND RETURN TO THE BOARD FOR
FINAL APPROVAL. (FROM 7-27-99} {1195)
MOTION: I MOVE TO APPROVE THE CONCEPTS PRESENTED IN THE RECOMMENDED ACTION
PLAN BATED AUGUST 2, 1999; TO INCORPORATE CITIZEN'S COMMENTS IN
THE CREATION OF A "CUSTOMER`S BILL OF RIGHTS", AND DIRECT THE
PUBLIC WORKS DEPARTMENT TO PROCEED WITH THE PLAN AS PRESENTED AND
RETURN TO THE BOARD FOR FINAL APPROVAL.
M S
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
RECESS: 10:24 A.M.
RECONVENE: 10:30 A.M.
Page 261 August 10, 1999
Auaust 10, 1999
Public Hearing and Timed Items
99-250 Public Hearing - Sacramento River Reclamation District - Ballot
Proceeding and Protast Hearing - pursuant to the resolution
providing for implementation of the ballot proceedings and
formation of the Sacramento River Reclamation District, this
hearing is being held to allow the Board to consider all
objections or protests, if any, to the proposed assessment of
$4.00 per acre upon the lands within the district. Assessment
ballots may be submitted, changed, or withdrawn prior to the
conclusion of the hearing - AFTER CLOSING THE PUBLIC HEARING,
DIRECT THE CLERK OF THE BOARD TO TABULATE AND CERTIFY THE FINAL
VOTE RESULTS FOR SUBMITTAL TO THE BOARD AT THE MEETING
OF AUGUST 24, 1999. {FROM 7-13-99) (2503}
PUBLIC HEARING OPENED: 10:33 A.M.
PUBLIC HEARING CLOSED: 10:34 A.M.
BOARD DIRECTION THAT THE CLERK OF THE BOARD TABULATE AND CERTIFY
THE FINAL VOTE RESULTS AND SUBMIT THESE RESULTS TO THE BOARD AT
THE MEETING OF AUGUST 29, 1999.
99°251 Public Hearing - Thompson Flat Cemetery District - consideration
of a resolution designating the Butte County Board of Supervisors
as the Board of Trustees of the Thompson Flat Cemetery District in
the absence of an appointed district board pursuant to California
Health and Safety Code Section 8950.3 and 8950.4 - action
requested:
A. ADOPT A RESOLUTION DESIGNATING THE BUTTE COUNTY BOARD OF
SUPERVISORS AS THE BOARD OF TRUSTEES OF THE THOMPSON FLAT
CEMETERY DISTRICT AND AUTHORIZE THE CHAIR TO SIGN; AND
B. ADOPT DISTRICT BUDGET, INCLUDING A TRANSFER OF $3,020 FROM
THE DISTRICT GENERAL FUND TO THE DISTRICT AVAILABLE FUND
BALANCE, AND DIRECT THE AUDITOR-CONTROLLER'S OFFICE TO
FREPARE THE DISTRICT'S ANNUAL REPORT TO THE STATE CONTROLLER.
{FROM 7-13-99) (2741)
PUBLIC HEARING OPENED: 10:34 A.M.
PUBLIC HEARING CLOSED: 10:34 A.M.
MOTION: I MOVE TO ADOPT RESOLUTION 99107 DESIGNATING THE BUTTE COUNTY
BOARD OF SUPERVISORS AS THE BOARD OF TRUSTEES OF THE THOMPSON FLAT
CEMETERY DISTRICT AND AUTHORIZE THE CHAIR TO SIGN AND FURTHER MOVE
TO ADOPT THE DISTRICT BUDGET, INCLUDING A TRANSFER OF $3,020 FROM
THE DISTRICT GENERAL FUND TO THE DISTRICT AVAILABLE FUND BALANCE,
AND DIRECT THE AUDITOR-CONTROLLER'S OFFICE TO PREPARE THE
DISTRICT'S ANNUAL REPORT TO THE STATE CONTROLLER.
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y {Unanimously Carried}
Page 262 August 10, 1999
AuQUSt 10, 1999
99-252 Fublic Hearing - An Ordinance Amending Chapter 33 of the Butte
County Code - consideration of an amendment to initiative
Ordinance No. 3303-A entitled, "An Ordinance to Protect the
Groundwater Resources in Butte County" codified in the Butte
County Code as Chapter 33, including but not limited to the
following: 1} add a new Butte County Code Section 33-1(f) in order
to add a statement to the ordinance of legislative intent that the
ordinance is not intended to preempt State law; 2) delete the last
sentence of Butte County Code Section 33-6(a}, which states, "No
permit is required if surface water rights have been permanently
relinquished by the property owner"; 3} amend Butte County Code
Section 33-12, to lengthen the period in which all appeals to the
Board of Supervisors of actions taken by the Water Commission must
be filed with the Clerk of the Board from 15 days to 30
days; 4) amend Butte County Code Section 33-13 so that procedural
challenges to a groundwater export or groundwater substitute
pumping program permit approval by the water Commission must be
made by filing an appeal of the permit approval with the Clerk of
the Board of Supervisors, pursuant to Butte County Code Section
33-12, within 30 days of the approval of the permit; and 5) amend
Butte County Code Chapter 33 by adding a "severability" clause to
the end of the ordinance (a new Butte County Code Section 3319)
providing that if one or more provisions of the ordinance are
found invalid by a court of law, the remainder of the ordinance
should be severed from that provision or those provisions - action
requested - ACCEPT THE RECOMMENDATION OF THE WATER COMMISSION AND
ADOPT THE ORDINANCE AND AUTHORIZE THE CHAIR TO SIGN. (2863)(**00)
PUBLIC HEARING OPENED: 10:50 A.M.
PUBLIC HEARING CLOSED: 11:32 A.M.
MOTION: SUBJECT TO THE FINDING THERE IS NO POSSIBILITY THAT THE ADOPTION
`O~ THIS ORDINANCE MAY HAVE A SIGNIFICANT ADVERSE EFFECT ON THE
ENVIRONMENT (CEQA GUIDELINE 15061 [b]{3]) BECAUSE THE ORDINANCE
WILL REDUCE THE POSSIBILITY OF SUCH EFFECTS BY STRENGTHENING A
REGULATORX ORDINANCE WHICH INVOLVES A REGULATORY PROCESS DESIGNED
TO PROTECT THE ENVIRONMENT, THEREFORE, ENACTMENT OF THE AMENDMENTS
TO THE ORDINANCE IS AN ACTIVITY EXEMPT FROM CEQA PURSUANT TO CEQA
GUIDELINE 15308, BECAUSE IT IS AN ACTION TAKEN BY A REGULATORY
AGENCY TO ENSURE THE MAINTENANCE AND PROTECTION OF THE
ENVIRONMENT, I MOVE TO ADOPT ORDINANCE 3542 AND AUTHORIZE THE
CHAIR TO SIGN.
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
BOARD DIRECTION THAT A TRANSCRIPT
THE PUBLIC HEARING BE PREPARED
BOARD, THE WATER COMMISSION, AND
ADVISORY COMMITTEE.
OF THE COMMENTS PRESENTED DURING
AND PROVIDED TO MEMBERS OF THE
THE WATER COMMISSION'S TECHNICAL
Page 263 August 10, 1999
August 10, 1999
99-253 Public Hearing - Ordinance Amending Chapter 3 of the Butte County
Code - consideration of an ordinance amending Chapter 3 of the
Butte County Code through the addition of a proposed new
Article XIII. The amendment proposes adding Sections 3-113
through 3-116, entitled, "Water and Resource Conservation
Department Fees" regarding certain fees chargeable by the Butte
County Department of Water and Resource Conservation for
processing applications for groundwater export and/or groundwater
substitute pumping program permits - action requested - ACCEPT THE
RECOMMENDATION OF THE WATER COMMISSION AND ADOPT THE ORDINANCE AND
AUTHORIZE THE CHAIR TO SIGN. (**1760)(***00)
PUBLIC HEARING OPENED: 11:45 A.M.
PUBLIC HEARING CLOSED: 12:09 P.M.
MOTION: SUBJECT TO THE FINDING THAT THIS ACTION IS AN ACTIVITY EXEMPT FROM
CEQA PURSUANT TO CEQA GUIDELINE 15308, BECAUSE IT IS AN ACTION
TAKEN BY A REGULATORY AGENCY TO ENSURE THE MAINTENANCE AND
PROTECTION OF THE ENVIRONMENT, BY TMPOSING A FEE NECESSARY FOR A
REGULATORY PROCESSING TNVOLVING PROCEDURES FOR PROTECTION OF THE
ENVIRONMENT, I MOVE TO ADOPT ORDINANCE 3543 AND AUTHORIZE THE
CHAIR TO SIGN.
M S
VOTE: l Y 2 N 3 Y 4 Y 5 Y (Motion Carried}
RECESS: 12:10 P.M.
RECONVENE: 12:29 P.M.
Regular Agenda
99-254 Items removed from the Consent Agenda for Board consideration and
action. (***66)
1. Introduction of a Salary Ordinance Amendment - the Sheriff-
Coroner has requested the Personnel Department prepare a
salary ordinance amendment which will support the
implementation of a reorganization plan for the command
structure of the Sheriff's Office. The ordinance will: 1)
eliminate the Assistant Sheriff classification; 2} create one
at-will position of Undersheriff; 3) create the
classification of Sheriff's Captain; and 4} allocate the
newly created positions to the Sheriff's budget units -
action requested - ADOPT THE MEDIATOR'S RECOMMENDED
SETTLEMENT AGREEMENT DATED JULY 28, 1999; AND WAIVE READING
OF SALARY ORDINANCE AMENDMENT. [FROM 7-2`1-99])
MOTION: I MOVE TO WAIVE THE READING OF THE SALARY ORDINANCE AMENDMENT.
M S
VOTE: l Y 2 Y 3 N 4 Y 5 N (Motion Carried)
Page 264 August 10, 1999
August 10. 1999
~"-'" 99-255 Probation-Juvenile Hall Grant - consideration of a letter of
intent to the Board of Corrections expressing acceptance of an
award of $8,040,000 for construction of a juvenile hall facility
and assuring the County's ability to proceed - action requested -
APPROVE LETTER OF INTENT AND AUTHORIZE THE CHAIR TO SIGN.
(***1098)
ITEM CONTINUED TO AUGUST 12, 1999. NO ACTION TAKEN.
99-255 CLOSED SESSION: The Board recessed at 1:40 p.m. to a closed
sessa.on conference with legal counsel regarding
actual litigation pursuant to Government Code
Section 54956.9(a}: Simmons v. County of Butte
(a Workers' Compensation claim); conference with
legal counsel regarding significant exposure to
litigation pursuant to Government Code Section
59956.9(b)(1): one potential case; and conference
with labor negotiators pursuant to Government
Cade Section 54957.6: Agency Negotiators: William
Avery and Donald Turko. Employee Organizations:
Butte Caunty Employees Association {General
Unit); Butte County Management Employees
Association (Management, Confidential, and
Supervisory Unit}; and Communication Workers of
America (Social Services workers Unit). (***2520)
RECONVENE: The Board reconvened at 2:55 p.m. from a closed
session conference with legal counsel regarding
actual litigation pursuant to Government Code
Section 54956.9(a): Simmons v. County of Butte
(a Workers' Compensation claim}; conference with
legal counsel regarding significant exposure to
litigation pursuant to Government Code Section
59956.9(b){1): one potential case; and conference
with labor negotiators 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}; and Communication Workers of
America (Social Services Workers Unit}. (NO
ANNOUNCEMENTS)
Regular Agenda
99-257 Annual Elected Department Head Presentations - County Clerk-
Recorder - to discuss department issues and goals and to voice
mutual concerns - action requested - ACCEPT FOR INFORMATION.
ITEM CONTINUED TO AUGUST 24, 1999. NO ACTION TAKEN.
Page 265 August 10, 1999
August 10, 1999
99-258 Status Report on Funding Water Inventory and Analysis - action
..'requested - ACCEPT FOR INFORMATION. (***)
ITEM CONTINUED TO AUGUST 24, 1999. NO ACTION TAKEN.
99-259 Year 2000 (Y2 K) Compliance Update - presentation to the Board
regarding the status of County operating systems and embedded chip
inventory - action requested - ACCEPT FOR INFORMATION. (***)
ITEM CONTINUED TO AUGUST 24, 1999. NO ACTION TAKEN.
99-260 Public Comment (PRESENTATIONS WILL BE LIMITED TO FIVE MINUTES.
THE BOARD OF SUPERVISORS IS PROHIBITED BY STATE LAW FROM TAKING
ACTION ON ANY ITEM IF IT IS NOT LISTED ON THE AGENDA.} (***}
(NONE )
RecTUlar AcTenda
99-261 Items removed from the Consent Agenda for Board consideration and
action. (124)
1. State of California, Office of Criminal Justice Planning - w
Marijuana Suppression Grant 1999-2000 - Board approval is
requested by the Sheriff's Office for a three year grant
from the Office of Criminal Justice Planning to assist in
investigating, arresting, and prosecuting persons
cultivating, selling, and trafficking marijuana. The term
of the grant is July 1, 1999, through June 30, 2002, with
an award of $207,919 (100 State) for fiscal year 1999-2000 -
action requested - ADOPT A RESOLUTION APPROVING GRANT AND
AUTHORIZE THE CHAIR TO SIGN; AUTHORIZE THE SHERIFF-CORONER
TO SIGN GRANT APPLICATION AND FUTURE DOCUMENTS RELATING TO
THE GRANT; DIRECT PERSONNEL TO CREATE A SALARY ORDINANCE
AMENDMENT ADDING TWO TERM POSITIONS IN SUPPORT OF THE GRANT;
AND APPROVE BUDGET TRANSFER B-012 {9/5 vote required)
ACCEPTING AND APPROPRIATING UNANTICIPATED GRANT REVENUE.
MOTION: I MOVE TO ADOPT RESOLUTION 99-108 APPROVING THE GRANT AND
AUTHORIZE THE CHAIR TO SIGN; AUTHORIZE THE SHERIFF-CORONER TO SIGN
GRANT APPLICATION AND FUTURE DOCUMENTS RELATING TO THE GRANT;
DIRECT PERSONNEL TO CREATE A SALARY ORDINANCE AMENDMENT ADDING TWO
TERM POSITIONS IN SUPPORT OF THE GRANT; AND APPROVE BUDGET
TRANSFER B-012 {4/5 vote required) ACCEPTING AND APPROPRIATING
UNANTICIPATED GRANT REVENUE.
S M
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
Page 266 August 10, 1999
August „10,, ,,,1.999
Communications
99-262 Communications received and referred. (COPIES OF ALL
COMMUNICATIONS ARE AVAILABLE IN THE CLERK OF THE BOARD OFFICE.)
A. Annette DeBrotherton, Executive Director, Northern California
Council for the Arts, submits a letter requesting County
fiscal support and transmitting a copy of a report entitled,
"The Arts: A Competitive Advantage for California."
ADJOURNMENT: There being no further business before the Board
the meeting was adjourned at 2:58 p.m. to
reconvene at a Special Meeting of the Board on
Thursday, August 12, 1999, at 9:00 a.m.
JANE DOLAN, Chair
ATTEST:
,•--..
John S. Blacklock, Chief Administrative Officer
and Clerk of the Bo of Supervisors
B
Page 257 August 10, 1999