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HomeMy WebLinkAboutM082200BOARD OF SUPERVISORS MINUTES R.J. BEELER, 1st District JANE DOLAN, 2nd District MARY ANNE HOUX, 3rd District CURT JOSIASSEN, 4th District FRED C. DAVIS, 5th District August 22, 2000 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 - Alex Groh, Representative, Baha'i world Faith, Paradise. 00-264 Items removed from the Consent Agenda for Board consideration and action. (150) 1. Regional Transportation Improvement Program (RTIP) - 2000 Programming Strategy - on July 28, 2000, the Butte County Association of Governments (BCAG) approved a RTIP programming strategy for 2000 which resulted in an allocation of $6,007,724 to Butte County. BCAG has requested local agencies submit proposed projects by August 31, 2000. Board approval is requested by the Public works Department for a listing of Regional Improvement Program projects for the unincorporated areas of the County - action requested - APPROVE PROJECT LIST AND DIRECT THE DIRECTOR OF PUBLIC WORKS TO SUBMIT THE LIST TO THE BUTTE COUNTY ASSOCIATION OF GOVERNMENTS. Consent A ecr nda 00-265 1. County Library Donations - in accordance with Government Code Section 25355, donations of $500 from Paradise Friends of the Library, and $309.50 from Chico 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. Page 281 August 22, 2000 August 22, 2000 00-265 2. County Service Area Charges - in order to levy service charges in the various County Service Areas, it is necessary to accomplish several prerequisite steps - action requested - DIRECT THAT A REPORT OF SERVICE CHARGES BE PREPARED IN ACCORDANCE WITH GOVERNMENT CODE SECTION 25210.77a, AND FILED WITH THE CLERK OF THE BOARD; DIRECT A PUBLIC HEARING BE SET FOR SEPTEMBER 12, 2000, AT 10:30 A.M.; AND DIRECT PUBLIC NOTICE OF THE HEARING BE GIVEN IN ACCORDANCE WITH GOVERNMENT CODE SECTION 6066. 3. Petition to Abandon a Public Right-of-way - the Public works Department has received a petition to abandon a public right-of-way (a ten-foot strip of right-of-way on Feather Avenue, lOt'' Street and 12t'' Street). Board approval is requested to adopt a resolution giving notice of the proposed abandonment and setting a public hearing for Tuesday, September 26, 2000, at 10:30 a.m., for consideration of the matter - action requested - ADOPT RESOLUTION 00-104 SETTING A PUBLIC HEARING FOR SEPTEMBER 26, 2000, AT 10:30 A.M.; AND DIRECT PUBLIC NOTICE OF THE HEARING BE GIVEN IN ACCORDANCE WITH CALIFORNIA STREETS AND HIGHWAYS CODE SECTIONS 8322 AND 8323, AND AUTHORIZE THE CHAIR TO SIGN. 4. Kimshew Cemetery District - action requested - REAPPOINT EDNA THELANDER AND FRANK FUENTES, TRUSTEES, TO TERMS TO END JULY 1, 2004. 5. Upham Cemetery District - action requested - REAPPOINT ERIC MANLEY, TRUSTEE, TO A TERM TO END JULY 1, 2004. 6. Building Code Board of Appeals - action requested - REAPPOINT STEVE SICKE, CONTRACTOR; STEVE GILMORE, ARCHITECT; ED MCLAUGHLIN, PUBLIC MEMBER; LEROY BIGGERS, PLUMBER; AND JIM THORUP, PUBLIC MEMBER ALTERNATE, TO TERMS TO END AUGUST 1, 2002. 7. Animal Control Advisory Board - action requested - APPOINT EMILY JANE WILLIAMS, PAWS REPRESENTATIVE. 8. Butte County water Commission - Technical Advisory Committee - at the meeting of August 1, 2000, the Butte County water Commission voted to recommend the Board appoint David Brown to a vacated position on the Technical Advisory Committee - action requested - APPOINT DAVID BROWN TO THE BUTTE COUNTY WATER COMMISSION- TECHNICAL ADVISORY COMMITTEE. Page 282 August 22, 2000 August 22, 2000 00-265 9. Surplus Property - Mail Machine - Board approval is requested by the General Services Director to declare surplus a Pitney Bowes Model 6100 Mail Machine (fixed asset no. 22079) which is being replaced with new equipment - action requested - DECLARE EQUIPMENT SURPLUS TO THE NEEDS OF THE COUNTY AND AUTHORIZE DISPOSAL IN ACCORDANCE WITH COUNTY POLICY. 10. United States Department of Justice, Office of Justice Programs, Bureau of Justice Assistance - Local Law Enforcement Block Grant - the Probation Department has been awarded grant funding from the Bureau of Justice Assistance in the amount of $93,518 to support the Drug Court Program. The term of the grant is through June 30, 2002, and requires a loo County match, which is included in the Probation Department's budget - action requested - ACCEPT GRANT FUNDING AND AUTHORIZE THE CHIEF PROBATION OFFICER TO ADMINISTER THE GRANT. 11. Inmate welfare Fund - Annual Report - the Sheriff's Office submits the Annual Inmate welfare Fund Expense Report for Fiscal Year 1999-2000, pursuant to California Penal Code Section 4025 (e) - action requested - ACCEPT FOR INFORMATION. 12. Adoption of Tax Rates - State law requires the Board adopt various ad valorem tax rates prior to September 1 of each year. Board approval is requested by the Auditor-Controller for a resolution which will fix these rates for the County for fiscal year 2000-2001 - action requested - ADOPT RESOLUTION 00-105 AND AUTHORIZE THE CHAIR TO SIGN. 13. Monthly Investment Report - the Treasurer-Tax Collector submits the July 31, 2000, report in accordance with the Butte County Statement of Investment Policy dated July 1, 2000 - action requested - ACCEPT FOR INFORMATION. 14. Adoption of a Salary Ordinance Amendment - the District Attorney has requested the Personnel Department prepare a salary ordinance amendment which flexibly staffs a Deputy District Attorney IV position (position to expire 6-30-03) to a Deputy District Attorney IV/III/II/I position (position to expire 6-30-03) This ordinance corrects Ordinance 3614, which created the position but did not provide for the flexible staffing - action requested - ADOPT ORDINANCE 3626 AND AUTHORIZE THE CHAIR TO SIGN. (FROM 8-8-00 [3.13]) Page 283 August 22, 2000 August 22, 2000 00-265 15. Adoption of a Salary Ordinance Amendment - the District Attorney-Family Support Division has requested the Personnel Department prepare a salary ordinance amendment which flexibly staffs one position of Administrative Analyst II/I, and one position of Administrative Analyst III, to two positions of Administrative Analyst III/II/I to provide the department with greater staffing choices - action requested - ADOPT ORDINANCE 3627 AND AUTHORIZE THE CHAIR TO SIGN. (FROM 8-8-00 [3.14]) 16. Adoption of a Salary Ordinance Amendment - the Probation Department has requested the Personnel Department prepare a salary ordinance amendment which flexibly staffs one position of Office Assistant II to Office Assistant III/II/I to provide the department with greater staffing choices - action requested - ADOPT ORDINANCE 3628 AND AUTHORIZE THE CHAIR TO SIGN. (FROM 8-8-00 [3.15]) 17. Adoption of a Salary Ordinance Amendment - the Public Health Department has requested the Personnel Department prepare a salary ordinance amendment which flexibly staffs the current allocations for the positions of Staff Nurse II/I or Licensed Vocational Nurse to Staff Nurse III/II/I or Licensed Vocational Nurse to provide the department with greater staffing choices - action requested - ADOPT ORDINANCE 3629 AND AUTHORIZE THE CHAIR TO SIGN. (FROM 8-8-00 [3.16]) 18. 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. (FROM 7-11-00 [3.22] ) 19. Introduction of an Ordinance - Board approval is requested by the Agricultural Commissioner for an ordinance which will impose regulations on incoming shipments of olives, in an effort to protect the local olive industry from Olive Fruit Fly infestation. The ordinance will expire on December 31, 2000, and will be reevaluated for continued need at that time. The olive industry and the Butte County Farm Bureau have recommended this ordinance - action requested - WAIVE READING OF THE ORDINANCE. 20. Resolution in Opposition of Proposition 36 - Board approval is requested by Supervisor Houx for a resolution in opposition of Proposition 36, the Drug Treatment Diversion Program Initiative - action requested - ADOPT RESOLUTION 00-106 AND AUTHORIZE THE CHAIR TO SIGN. Page 284 August 22, 2000 August 22, 2000 00-265 21. Federal Transit Administration Grant Program - Board approval is requested by the Public works Department for a resolution which will provide signature authority to the Director of Public works for all grants and contracts under the Federal Transit Administration Grant Program - ADOPT RESOLUTION 00-107 AND AUTHORIZE THE CHAIR TO SIGN. 22. Resolution Declaring a Stop Sign at the Intersection of Holland Avenue and Brown Street - Board approval is requested by the Public works Department for a resolution which would declare a three-way stop at the intersection of Holland Avenue and Brown Street in Durham, in response to a completed traffic study - action requested - ADOPT RESOLUTION 00-108 AND AUTHORIZE THE CHAIR TO SIGN. 23. Pentamation Enterprises, Inc. - Board approval is requested by the Auditor-Controller for an agreement with Pentamation Enterprises, Inc., for the provision of financial software maintenance and support. The term of the agreement is July 1, 2000, through June 30, 2001, with a maximum amount payable of $25,147 (department budget) - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X10555) 24. DFM Associates - Amendment - Board approval is requested by the County Clerk-Recorder for an amendment to the agreement with DFM Associates for the provision of software and support of the Recorder's Information and Image Management System. The amendment extends the term of the agreement to June 30, 2002. All other terms and conditions remain the same - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X10815) 25. Norcal waste Systems of Butte County - Board approval is requested by the General Services Director for an agreement with Norcal waste Systems of Butte County for the provision of solid waste collection, disposal, and recycling services to County-owned buildings and selected rental buildings. The term of the agreement is October 1, 2000, through September 30, 2003, with a monthly amount payable of $2,918 - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER; AND AUTHORIZE CHANGES IN SERVICE LEVELS BY STAFF IN ACCORDANCE WITH THE SCHEDULE OF CHANGES INCORPORATED INTO THE AGREEMENT. (Contract No. X11758) Page 285 August 22, 2000 August 22, 2000 00-265 26. State Department of Health Services - women, Infants, and Children (wIC) - Amendment - Board approval is requested by the Public Health Department for an amendment to the revenue agreement with the State Department of Health Services for funds to support the wIC program. The amendment provides additional funding in the amount of $3,701 per year for the term of the agreement (October 1, 1999, through September 30, 2002). The funds will be utilized to support the Farmer's Market Nutritional Program - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR- CONTROLLER. 27. State Department of Health Services - Medi-Cal Outreach - Amendment - Board approval is requested by the Public Health Department for an amendment to the revenue agreement with the State Department of Health Services for funds to support the Medi-Cal Outreach Program. The amendment provides for additional funding in the amount of $195,210 to support the program for the term of July 1, 2000, through June 30, 2001 - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. 28. Del Norte Clinics - Board approval is requested by the Public Health Department for an agreement with Del Norte Clinics for the provision of outreach activities to Medi- cal eligibles and beneficiaries. The term of the agreement is July 1, 2000, through June 30, 2001, with a maximum amount payable of $65,000. Funding for the agreement is available utilizing grant funds received from the State Department of Health Services - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. 29. State Department of Health Services - Board approval is requested by the Public Health Department for a revenue agreement with the State Department of Health Services for Medi-Cal administrative activities. The agreement provides for the Public Health Department to submit claims for administrative activities in support of the Targeted Case Management program. The term of the agreement is July 1, 2000, through June 30, 2001, with a maximum amount payable to the County of $100,000 - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. Page 286 August 22, 2000 August 22, 2000 00-265 30. State Department of Health Services - Master Grant Agreement - Board approval is requested by the Public Health Department for a revenue agreement with the State Department of Health Services for funding to provide a variety of AIDS related services. The term of the agreement is July 1, 2000, through June 30, 2001, with a maximum amount payable to the County of $449,614 (1000 state) - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. 31. Sacramento Valley Hi-Tech Crimes Task Force - Board approval is requested by the Sheriff's Office for an agreement with the Sacramento Valley Hi-Tech Crimes Task Force for the provision of expertise and assistance in the area of high technology crimes. The agreement contains no specific term and has an amount payable of $1 per year (department budget) regardless of utilization - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. 32. Northern Valley Catholic Social Service - Amendment - Board approval is requested by the welfare Department for an amendment to the agreement with Northern Valley Catholic Social Service for the provision of case management services for the Cal-Learn Program. The amendment extends the term of the agreement through June 30, 2001, with a maximum amount payable of $190,000 per fiscal year (50o federal/50o state) - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL. (Contract No. X11259) 33. Sacramento Service and Development Corporation - Amendment - Board approval is requested by the welfare Department for an amendment to the agreement with Sacramento Service and Development Corporation for the provision of direct mail issuance of food stamp coupons. The amendment increases the transaction fee to $1.19 per transaction for the term of July 1, 2000, through December 31, 2001 (department budget) - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X11469) Page 287 August 22, 2000 August 22, 2000 00-265 34. Community Action Agency - Board approval is requested by the welfare Department for a lease agreement with the Community Action Agency for the property located at 2640 South Fifth Avenue, Suites 4 and 5, Oroville. The facility is utilized by the department for mail, supplies, and storage. The agreement provides for the change in ownership of the building to the Community Action Agency. The term of the agreement is June 1, 2000, through May 31, 2002, with a monthly lease amount of $1,500 (department budget) - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X11731) 35. Advanced Step Provisional Appointment - General Services has requested the Personnel Department prepare an agenda item which will allow the provisional appointment of an Offset Duplicating Machine Operator II to step 2 of the salary range based on experience. The Print Shop has experienced vacancies which have left the department seriously understaffed. The provisional appointment is being requested to provide needed support while the Personnel Department conducts an open recruitment for an Offset Duplicating Machine Operator - action requested - APPROVE THE PROVISIONAL APPOINTMENT OF AN OFFSET DUPLICATING MACHINE OPERATOR II TO STEP 2 OF THE SALARY RANGE EFFECTIVE AUGUST 12, 2000; IN THE EVENT THAT THE PROVISIONAL APPOINTEE IS SUBSEQUENTLY QUALIFIED AND APPOINTED TO THE POSITION, APPROVE THE APPOINTMENT OF THE POSITION AT STEP 2 OF THE SALARY RANGE. (160) MOTION: I MOVE TO APPROVE THE CONSENT AGENDA WITH THE REMOVAL OF ITEM 3.35. S M VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) Regular A ecr nda 00-266 Appointments - Commissions and Committees. (173) 1. Appointments to committee vacancies. MOTION: I MOVE TO APPOINT KATE LANG, DISTRICT 2 REPRESENTATIVE, TO THE COMMUNITY ACTION AGENCY, TO A VACATED TERM TO END DECEMBER 31, 2000. S M VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) Page 288 August 22, 2000 August 22, 2000 00-267 Update on legislative and budget activities. (197) JOHN S. BLACKLOCK, CHIEF ADMINISTRATIVE OFFICER, INFORMS THE BOARD THAT THERE ARE TWO WEEKS LEFT IN THE CURRENT LEGISLATIVE SESSION. THE BOARD WAS ALSO INFORMED THAT THE ADMINISTRATIVE OFFICE WILL BE PREPARING TWO LETTERS OF SUPPORT TO PROPOSED LEGISLATION. THE FIRST LEGISLATIVE PROPOSAL WOULD PROVIDE A CAP ON ERAF GROWTH. THE SECOND LEGISLATIVE PROPOSAL WOULD PROVIDE EITHER ONE TIME RELIEF, AND/OR A ONE TIME RELIEF RETURN ALONG WITH A BASE RETURN OF FUNDS. 00-268 Youth Development Summit - presentation to the Board on the Youth Development Model and Youth Development Summit - action requested - ACCEPT FOR INFORMATION. (300) PRESENTATION TO THE BOARD OF THE VARIOUS YOUTH DEVELOPMENT PROGRAMS BY TED KLEMM, ACTING DIRECTOR OF BEHAVIORAL HEALTH; DANELLE CAMPBELL, PROGRAM MANAGER, PREVENTION UNIT; VARIOUS PREVENTION UNIT STAFF MEMBERS; YOUTH REPRESENTATIVES FROM THE YOUTH DEVELOPMENT PROGRAMS; AND ADULT PARTNERS FROM VARIOUS SUPPORTING AGENCIES OF THE PROGRAMS. 00-269 California Department of Parks and Recreation - Off-Highway Vehicle Grant - Jonesville Enforcement - Board approval is requested by the Sheriff's Office to apply to the California Department of Parks and Recreation - Off-Highway Vehicle Division for grant funding in the amount of $10,000 to provide law enforcement services at the Jonesville Snowpark and surrounding area - action requested - ADOPT A RESOLUTION APPROVING THE GRANT APPLICATION AND AUTHORIZING THE SHERIFF TO ACT AS THE COUNTY'S AGENT FOR THE GRANT, AND PROVIDING THE SHERIFF AUTHORITY TO SIGN ALL DOCUMENTS RELATED TO THE GRANT, AND AUTHORIZE THE CHAIR TO SIGN. (1052) MOTION: I MOVE TO ADOPT RESOLUTION 00-109 APPROVING THE GRANT APPLICATION AND AUTHORIZING THE SHERIFF TO ACT AS THE COUNTY'S AGENT FOR THE GRANT, AND PROVIDING THE SHERIFF AUTHORITY TO SIGN ALL DOCUMENTS RELATED TO THE GRANT, AND AUTHORIZE THE CHAIR TO SIGN. M S VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) Page 289 August 22, 2000 August 22, 2000 00-270 Award of Bid - Construction of Forbestown Road Embankment - County Project No. 27581-2-99-1 - consideration of an award of bid (which will be received August 21, 2000) to the lowest responsible bidder for excavation and reconstruction of an existing roadway embankment on Forbestown Road, 0.38 miles northwest of Robinson Mill Road - action requested - AWARD BID TO LOWEST RESPONSIBLE BIDDER AND AUTHORIZE THE CHAIR TO SIGN CONTRACT AGREEMENT SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (1099) PUBLIC WORKS SUBMITS BID RESULTS MOTION: I MOVE TO AWARD THE BID TO THE LOWEST BIDDER, R & R HORN, INC. , IN THE AMOUNT OF $123,900 AND AUTHORIZE THE CHAIR TO SIGN THE CONSTRUCTION AGREEMENT 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) 00-271 white Paper on Economic Development as a Fiscal Strategy - Follow-up and Review of Recommendations - on January 25, 2000, the Board was presented with a study prepared by Economic and Planning Systems of Berkeley, on economic development as a County fiscal strategy. The Board directed that staff review the recommended policy issues and return to the Board recommendations for further action - action requested: 1. DIRECT STAFF TO DEVELOP A SPECIFIC REQUEST FOR PROPOSAL TO SOLICIT A CONSULTANT WHO CAN PREPARE A DETAILED PUBLIC CAPITAL FACILITIES FEE STUDY TO EXAMINE THE COUNTY-WIDE COSTS OF FUNDING VARIOUS PUBLIC CAPITAL FACILITIES, INCLUDING, BUT NOT LIMITED TO, ROADS AND TRANSPORTATION, FIRE PROTECTION FACILITIES, SHERIFF PROTECTION FACILITIES, ADULT AND JUVENILE DETENTION FACILITIES, LIBRARIES, AND GENERAL GOVERNMENT FACILITIES. SAID STUDY SHALL FOCUS ON THE COSTS THAT ARE DIRECTLY THE RESULT OF NEW DEVELOPMENT ON PUBLIC CAPITAL FACILITIES THAT ARE WITHIN THE RESPONSIBILITY OF THE COUNTY; AND Page 290 August 22, 2000 August 22, 2000 00-271 2. DIRECT STAFF TO COORDINATE WITH THE CITIES OF CHICO, GRIDLEY, AND BIGGS TO REVIEW EXISTING GROWTH STRATEGIES, TO ASSURE THAT THEY MINIMIZE NEGATIVE IMPACTS ON AGRICULTURAL LAND BEYOND THE LOCAL AGENCY FORMATION COMMISSION'S ADOPTED SPHERE OF INFLUENCE. (FROM 1-25-00 [5.03] ) (1209) MOTION: I MOVE TO DIRECT STAFF TO DEVELOP A SPECIFIC REQUEST FOR PROPOSAL TO SOLICIT A CONSULTANT WHO CAN PREPARE A DETAILED PUBLIC CAPITAL FACILITIES FEE STUDY TO EXAMINE THE COUNTY-WIDE COSTS OF FUNDING VARIOUS PUBLIC CAPITAL FACILITIES, INCLUDING, BUT NOT LIMITED TO, ROADS AND TRANSPORTATION, FIRE PROTECTION FACILITIES, SHERIFF PROTECTION FACILITIES, ADULT AND JUVENILE DETENTION FACILITIES, LIBRARIES, AND GENERAL GOVERNMENT FACILITIES. SAID STUDY SHALL FOCUS ON THE COSTS THAT ARE DIRECTLY THE RESULT OF NEW DEVELOPMENT ON PUBLIC CAPITAL FACILITIES THAT ARE WITHIN THE RESPONSIBILITY OF THE COUNTY; AND FURTHER MOVE TO DIRECT STAFF TO COORDINATE WITH THE CITIES OF CHICO, GRIDLEY, AND BIGGS TO REVIEW EXISTING GROWTH STRATEGIES, TO ASSURE THAT THEY MINIMIZE NEGATIVE IMPACTS ON AGRICULTURAL LAND BEYOND THE LOCAL AGENCY FORMATION COMMISSION'S ADOPTED SPHERE OF INFLUENCE. M S VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) 00-272 Conveyance of County Property - Sad Sack Murals - consideration of the conveyance, pursuant to Government Code Sections 25365 and 6061, of five "Sad Sack" cartoon murals (drawn on the walls of the Central Storeroom) - action requested - DECLARE MURALS SURPLUS TO THE NEEDS OF THE COUNTY, AND AUTHORIZE CONVEYANCE (4 /5 vote required) TO APPROPRIATE AGENCY PURSUANT TO GOVERNMENT CODE SECTION 25365. (FROM 8-8-00 [4.04]) (1888) COUNTY COUNSEL REQUESTED THIS ITEM BE REMOVED FROM THE AGENDA, WITHOUT ACTION, TO PROVIDE ADDITIONAL TIME FOR RESEARCH INTO THE MATTER. 00-273 Recess as the Butte County Board of Supervisors and convene as the Thompson Flat Cemetery District Board of Trustees. (2282) Thompson Flat Cemetery District 1. District Budget - consideration of the District's budget for fiscal year 2000-2001 - action requested - APPROVE BUDGET. (2293) MOTION: I MOVE TO APPROVE THE DISTRICT BUDGET FOR FISCAL YEAR 2000- 2001. M S VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) 2. Other Business (NONE) Page 291 August 22, 2000 August 22, 2000 00-273 3. Public Comment (NONE) (2368) Adjourn as the Thompson Flat Cemetery District Board of Trustees and reconvene as the Butte County Board of Supervisors. (2373) Regular Agenda 00-274 Items removed from the Consent Agenda for Board consideration and action. (2380) 1. Regional Transportation Improvement Program (RTIP) - 2000 Programming Strategy - on July 28, 2000, the Butte County Association of Governments (BCAG) approved a RTIP programming strategy for 2000 which resulted in an allocation of $6,007,724 to Butte County. BCAG has requested local agencies submit proposed projects by August 31, 2000. Board approval is requested by the Public works Department for a listing of Regional Improvement Program projects for the unincorporated areas of the County - action requested - APPROVE PROJECT LIST AND DIRECT THE DIRECTOR OF PUBLIC WORKS TO SUBMIT THE LIST TO THE BUTTE COUNTY ASSOCIATION OF GOVERNMENTS. MOTION: I MOVE TO APPROVE THE PROJECT LIST AND DIRECT THE DIRECTOR OF PUBLIC WORKS TO SUBMIT THE LIST TO THE BUTTE COUNTY ASSOCIATION OF GOVERNMENTS. M S VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) RECESS: 10:30 A.M. RECONVENE: 10:41 A.M. Page 292 August 22, 2000 August 22, 2000 Public Hearincrs and Timed Items 00-275 Public Hearing - Chander Sidher - Use Permit - consideration of an appeal of the Planning Commission's approval of a Use Permit to allow for the construction and operation of a 3,300 square foot convenience store, with two fuel islands including three gas pumps each, and a 980 square foot carwash (item on which a negative declaration with mitigation measures regarding environmental impacts has been recommended) on a 1.70 acre parcel zoned M-2 (Heavy Industrial). The property is designated as Industrial by the General Plan. water supply is proposed by an on-site well. Sewer services are proposed by on-site septic systems. The carwash will utilize a recirculating water system. On-site retention of drainage and storm water is also proposed. Proposed store hours are 5:00 a.m. to 12:00 a.m. The property is located on the southwest corner of State Highway 99 and west Liberty Road, opposite of Hollis Lane, south of the City of Gridley, and identified as APN 021-170-052 (DB [File No. UP- 00-10]) - action requested - CONTINUE HEARING OPEN UNTIL SUCH TIME AS THE ADDITIONAL MITIGATIONS REGARDING TRAFFIC IMPACTS ARE RECEIVED FROM THE CALIFORNIA DEPARTMENT OF TRANSPORTATION, AND STAFF INCORPORATES THOSE MITIGATIONS AS CONDITIONS OF THE USE PERMIT, AND INCLUDES NECESSARY CHANGES TO THE PROJECT FINDINGS. (**37) PUBLIC HEARING OPENED AT 10:46 A.M., AND CONTINUED OPEN TO OCTOBER 10, 2000, AT 11:15 A.M. Page 293 August 22, 2000 August 22, 2000 00-276 Continued Public Hearing - K&DR Certificate of Merger Continued Public Hearing - Application for Certificate of Merger - K&DR Company - consideration of an appeal of an application, pursuant to Butte County Ordinance No. 3273, to merge APN 062-680-027 and 071-450-008; merging two parcels into one parcel. The property is located at the southerly end of Pine Tree Lane, south of Bald Rock Road, Berry Creek area - action requested: 1. FIND THAT THE REVIEW OF AN APPLICATION FOR CERTIFICATE OF MERGER IS LIMITED TO EXISTING CONDITIONS, NOT BASED ON OTHER POSSIBLE USES OF THE PROPERTY, WHICH ARE SUBJECT TO SEPARATE PERMITTING PROCESSES; AND 2. FIND THAT THE CERTIFICATE OF MERGER IS EXEMPT FROM ENVIRONMENTAL REVIEW (AS A MINISTERIAL PROJECT, PURSUANT TO PUBLIC RESOURCES CODE SECTION 21080 (b)(1)), AND APPROVE THE FILING OF THE CERTIFICATE OF MERGER SUBJECT TO PLACEMENT OF THE FOLLOWING NOTE ON THE CERTIFICATE, "THE TITLE REPORTS SUBMITTED WITH THE APPLICATION FOR THIS CERTIFICATE OF MERGER INDICATED THAT THE PORTION OF THE HEREIN DESCRIBED PROPERTY LYING WITHIN SECTION 33, TOWNSHIP 21 NORTH, RANGE 5 EAST (AP 062-680-027), WAS SERVED BY A `RIGHT OF WAY FOR ROAD AND PUBLIC UTILITY PURPOSES OVER A STRIP OF LAND 60 FEET IN WIDTH' TO BALD ROCK ROAD. SAID TITLE REPORTS ALSO INDICATED `THE LACK OF A LEGAL RIGHT OF ACCESS TO AND FROM A PUBLIC STREET OR HIGHWAY' FOR THE HEREIN DESCRIBED PROPERTY LYING WITHIN SECTION 4, TOWNSHIP 20 NORTH, RANGE 5 EAST, M.D.B. & M (AP 071-450-008). NO DETERMINATION HAS BEEN MADE BY THE COUNTY OF BUTTE REGARDING RIGHTS OF ACCESS, IF ANY, TO THE MERGED PARCEL DESCRIBED IN THIS DOCUMENT OR ANY PART THEREOF. APPROVAL AND RECORDATION OF THIS MERGER DOES NOT CONSTITUTE SUCH A DETERMINATION." (FROM 7-25-00 [5.02]) (**1608) PUBLIC HEARING RECONVENED AT 11:36 A.M. MOTION: I MOVE TO CONTINUE THIS HEARING OPEN TO OCTOBER 24, 2000, AT 10:30 A.M. M S VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) 00-277 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.) (**2435) (NONE) Page 294 August 22, 2000 August 22, 2000 00-278 CLOSED SESSION: THE BOARD RECESSED AT 11:55 A.M. TO A CLOSED SESSION CONFERENCE WITH LEGAL COUNSEL REGARDING ACTUAL LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a) JONES V. COUNTY OF BUTTE, GRIEVANCE NO. 99-02-06; AND SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(b)(1) ONE POTENTIAL CASE. (**2465) RECONVENE: THE BOARD RECONVENED AT 1:16 P.M. FROM A CLOSED SESSION CONFERENCE WITH LEGAL COUNSEL REGARDING ACTUAL LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a) JONES V. COUNTY OF BUTTE, GRIEVANCE NO. 99-02-06; AND SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(b)(1) ONE POTENTIAL CASE. (**2557) (NO ANNOUNCEMENTS) Public Hearincrs and Timed Items 00-279 Public Hearing - Butte County Fiscal Year 2000-2001 Final Budget - action requested: 1. OPEN PUBLIC HEARING AND TAKE COMMENTS FROM COUNTY OFFICIALS AND THE PUBLIC; 2. IF NECESSARY, CONTINUE HEARING OPEN TO WEDNESDAY, AUGUST 23, 2000, AT 9:00 A.M., FOR REMAINING DEPARTMENT PRESENTATIONS; OR 3. AFTER FINAL DEPARTMENT PRESENTATION AND PUBLIC COMMENT, CLOSE PUBLIC HEARING AND DIRECT THAT CONSIDERATION OF THE ADOPTION OF THE FINAL BUDGET FOR FISCAL YEAR 2000-2001 BE PLACED ON THE AGENDA OF SEPTEMBER 12, 2000. (**2564)(***00) SPECIAL NOTE: Persons wishing to offer testimony for Board consideration during the final budget hearing should take note of California Government Code Section 29088, which states, in part, "...increases or additions (to the proposed budget) shall not be made after the public hearing, unless the items were proposed in writing and filed with the Clerk of the Board before the close of the public hearing." PRESENTATION TO THE BOARD BY JOHN S. BLACKLOCK, CHIEF ADMINISTRATIVE OFFICER; CYNTHIA MANN, DEPUTY ADMINISTRATIVE OFFICER; AND DAVID HOUSER, AUDITOR-CONTROLLER. PUBLIC HEARING OPENED: 1:17 P.M. Page 295 August 22, 2000 August 22, 2000 00-279 DEPARTMENT HEAD PRESENTATIONS TO THE BOARD: HELEN HARBERTS, CHIEF PROBATION OFFICER; SCOTT MACKENZIE, SHERIFF-CORONER; BILL SAGER, FIRE CHIEF; AND DON TURKO, PERSONNEL DIRECTOR. RECESS: 2:42 P.M. RECONVENE: 2:51 P.M. Public Hearings and Timed Items 00-279 Public Hearing - Butte County Fiscal Year 2000-2001 Final Budget - action requested: 1. OPEN PUBLIC HEARING AND TAKE COMMENTS FROM COUNTY OFFICIALS AND THE PUBLIC; 2. IF NECESSARY, CONTINUE HEARING OPEN TO WEDNESDAY, AUGUST 23, 2000, AT 9:00 A.M., FOR REMAINING DEPARTMENT PRESENTATIONS; OR 3. AFTER FINAL DEPARTMENT PRESENTATION AND PUBLIC COMMENT, CLOSE PUBLIC HEARING AND DIRECT THAT CONSIDERATION OF THE ADOPTION OF THE FINAL BUDGET FOR FISCAL YEAR 2000-2001 BE PLACED ON THE AGENDA OF SEPTEMBER 12, 2000. (***2454)(****00) SPECIAL NOTE: Persons wishing to offer testimony for Board consideration during the final budget hearing should take note of California Government Code Section 29088, which states, in part, "...increases or additions (to the proposed budget) shall not be made after the public hearing, unless the items were proposed in writing and filed with the Clerk of the Board before the close of the public hearing." CONTINUED DEPARTMENT HEAD PRESENTATIONS: MIKE CRUMP, PUBLIC WORKS DIRECTOR; AND MIKE RAMSEY, DISTRICT ATTORNEY. PUBLIC HEARING RECESSED AT 4:11 P.M., TO RECONVENE ON WEDNESDAY, AUGUST 23, 2000, AT 9:00 A.M. Page 296 August 22, 2000 August 22, 2000 WEDNESDAY, AUGUST 23, 2000 Public Hearings and Timed Items 00-279 Public Hearing - Butte County Fiscal Year 2000-2001 Final Budget - action requested: 1. OPEN PUBLIC HEARING AND TAKE COMMENTS FROM COUNTY OFFICIALS AND THE PUBLIC; 2. IF NECESSARY, CONTINUE HEARING OPEN TO WEDNESDAY, AUGUST 23, 2000, AT 9:00 A.M., FOR REMAINING DEPARTMENT PRESENTATIONS; OR 3. AFTER FINAL DEPARTMENT PRESENTATION AND PUBLIC COMMENT, CLOSE PUBLIC HEARING AND DIRECT THAT CONSIDERATION OF THE ADOPTION OF THE FINAL BUDGET FOR FISCAL YEAR 2000-2001 BE PLACED ON THE AGENDA OF SEPTEMBER 12, 2000. SPECIAL NOTE: Persons wishing to offer testimony for Board consideration during the final budget hearing should take note of California Government Code Section 29088, which states, in part, "...increases or additions (to the proposed budget) shall not be made after the public hearing, unless the items were proposed in writing and filed with the Clerk of the Board before the close of the public hearing." HEARING RECONVENED: WEDNESDAY, AUGUST 23, 2000, AT 9:10 A.M. 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. (****2140)(*****00) PUBLIC HEARING CLOSED: 9:56 A.M. MOTION: I MOVE TO APPROVE THE FINAL BUDGET ADJUSTMENTS AS RECOMMENDED BY THE CHIEF ADMINISTRATIVE OFFICER; ADDITIONALLY, WITH REGARDS TO THE PROBATION DEPARTMENT'S BUDGET, I FURTHER MOVE TO ADD ONE EVIDENCE/TRAINING TECHNICIAN POSITION, AND SIX ADULT SUPERVISION TECHNICIAN POSITIONS, ALONG WITH THE BENEFITS FOR THOSE POSITIONS, EFFECTIVE THE FIRST PAY PERIOD IN DECEMBER. M S VOTE: 1 N 2 Y 3 Y 4 Y 5 Y (Motion Carried) MOTION: WITH REGARDS TO THE SHERIFF'S DEPARTMENT BUDGET, I MOVE TO APPROVE THE IMMEDIATE ADDITION OF A PRINCIPAL ANALYST POSITION, TO INCLUDE BENEFITS AND ANCILLARY EXPENSES FOR THE POSITION. M S VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) Page 297 August 22, 2000 August 22, 2000 00-279 Public Hearing - Butte County Fiscal Year 2000-2001 Final Budget. MOTION: WITH REGARDS TO THE FIRE DEPARTMENT'S BUDGET, I MOVE TO APPROVE THE DEPARTMENT'S REQUESTS AS LISTED: FUND THE WEST CHICO FIRE STATION THROUGH AUGUST, AND THE OTHER CHICO STATIONS AT THREE PER STATION; ADD A FIRE CAPTAIN POSITION FOR RESPIRATORY PROTECTION FITNESS TESTING; ADD THE STIRLING CITY STAFFING THROUGH THE AMADOR PLAN FOR A FULL YEAR; ADD A FIRE PREVENTION SPECIALIST AND INFORMATION OFFICER POSITION, AND ADD ONE FIRE CAPTAIN POSITION FOR STEPPED UP INSPECTIONS. S M VOTE: l Y 2 Y 3 Y 4 N 5 Y (Motion Carried) MOTION: WITH REGARDS TO THE PERSONNEL DEPARTMENT'S BUDGET, I MOVE THAT THE PERSONNEL DEPARTMENT'S REQUESTS NOT BE FUNDED AT THIS TIME. S M VOTE: l Y 2 Y 3 Y 4 N 5 N (Motion Carried) MOTION: WITH REGARDS TO THE PUBLIC WORKS DEPARTMENT'S BUDGET, I MOVE TO ADD THE PURCHASE OF THE COMPUTER FOR HYDROLOGY. M S VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) MOTION: WITH REGARDS TO THE DISTRICT ATTORNEY'S BUDGET, I MOVE TO ADD ONE DEPUTY DISTRICT ATTORNEY IV/III/II/I POSITION, INCLUDING BENEFITS, AND ADD ONE INFORMATION SYSTEMS ANALYST POSITION, INCLUDING BENEFITS. M S VOTE: 1 N 2 Y 3 Y 4 Y 5 Y (Motion Carried) MOTION: WITH REGARDS TO THE TOBACCO SETTLEMENT PROPOSALS, I MOVE TO DIRECT THE CHIEF ADMINISTRATIVE OFFICER TO MEET WITH REPRESENTATIVES OF THE VARIOUS INTERESTED AGENCIES, ALONG WITH PUBLIC HEALTH AND BEHAVIORAL HEALTH, TO EXAMINE POSSIBLE NEW PROGRAMS AND TO BRING BACK TO THE BOARD A RECOMMENDATION WITH REGARDS TO FUNDING. THE COUNTY WILL PROVIDE MATCHING FUNDS IN THE AMOUNT OF $50,000, AND WILL LOOK AT THE POSSIBILITY OF RECEIVING AN ADDITIONAL $50,000 FROM BOTH THE PUBLIC HEALTH AND BEHAVIORAL HEALTH REALIGNMENT TRUST FUNDS, FOR A TOTAL PROGRAM AMOUNT OF $150,000. S M VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) MOTION: I MOVE TO DIRECT NOTICE BE GIVEN OF A PUBLIC HEARING FOR CONSIDERATION OF A TRANSFER OF FUNDS FROM THE PUBLIC HEALTH AND BEHAVIORAL HEALTH REALIGNMENT TRUST FUNDS. M S VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) Page 298 August 22, 2000 August 22, 2000 00-279 Public Hearing - Butte County Fiscal Year 2000-2001 Final Budget. MOTION: I MOVE TO DIRECT THE CONSIDERATION OF THE ADOPTION OF THE FINAL BUDGET BE INCLUDED ON THE AGENDA OF SEPTEMBER 12, 2000, TO INCLUDE THE ADJUSTMENTS APPROVED TODAY. M S VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) ADJOURNMENT: There being no further business before the Board, the meeting was adjourned at 10:48 a.m., to reconvene at a special meeting of the Board to be held on Monday, August 28, 2000, at 9:30 a.m. Jane Dolan, Chair ATTEST: John S. Blacklock, Chief Administrative Officer and Clerk of the Board of Supervisors By. Page 299 August 22, 2000