HomeMy WebLinkAboutM082499BOARD OF SUPERVISORS
MINUTES
R. J. BEELER, 1st District
JANE DOLAN, 2nd District
MARY ANNE ROUX, 3rd District
CURT JOSIASSEN, 4th District
FRED C. DAVIS, 5th District
Au ust 24 1999
Call to Order - Board of Supervisors Room, County Administration
Building, 25 County Center Drive, Oroville. Supervisors present:
Beeler, Houx, Josiassen, Davis, and Chair Dolan. Also present:
John 5. Blacklock, Chief Administrative Officer; Neil McCabe,
Assistant County Counsel; and Marion Reeves, Assistant Clerk of
the Board.
Pledge of Allegiance to the Flag of the United States of America.
Invocation - Reverend Norm Gardner, The Rock Fellowship, Paradise.
Consent Aaenda
99-270 1. Budget Transfers - action requested - APPROVE BUDGET
TRANSFERS B-485 (Fiscal Year 1998-99 Final Budget Transfer
[4/5 vote required]); AND B-015 (Various Departments [4/5
vote required]).
2. County Service Area Service 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 BOARD; THAT A PUBLIC HEARING BE
SET FOR SEPTEMBER 28, 1999, AT 10:45 A.M.; AND THAT
NOTICE OF THE PUBLIC HEARING BE GIVEN IN ACCORDANCE WITH
GOVERNMENT CODE SECTION 6066.
3. County Library Donation - in accordance with Government Code
Section 25355, a donation of $965.70 from the Oroville
Friends of the Library has been received for the Butte County
Trust Fund for the purchase of books - action requested -
ACCEPT DONATION AND AUTHORIZE A LETTER OF APPRECIATION.
4. Assessment Appea3.s Board - action requested - REAPPOINT DOUG
DREBERT TO A TERM TO END SEPTEMBER 2, 2002.
5. Animal Control Advisory Committee - action requested -
APPOINT TRACY ROSS, BUTTE HUMANE SOCIETY REPRESENTATIVE.
6. Emergency Medical Care Committee - action requested - APPOINT
JONATHAN SINCLEAR (EMT/MICN) AND MICKI SPELLMEYER (PUBLIC
MEMBER) TO TERMS TO END JUNE 30, 20D2.
Page 275 August 24, 1999
August 24, 1999
99-270 7. Right-of-Way Agreement - Public Works has completed design
of a traffic signal and associated intersection improvements
for the intersection of Lower Wyandotte, Upper Palermo Road
and Ophir Road. It is necessary to acquire a small right-of-
way to accommodate the project and a right-of-way agreement
with Daniel H. Vaught has been prepared to provide for
the acquisition - action requested - APPROVE RIGHT-OF-WAY
AGREEMENT FOR ACQUISITION OF PROPERTY AND AUTHORIZE THE CHAIR
TO SIGN.
8. Monthly Investment Report - the Treasurer-Tax Collector
submits the July 30, 1999, report in accordance with the
Butte County Statement of Tnvestment Policy dated July 1,
1999 - action requested - ACCEPT FOR INFORMATION.
9. Butte County Association of Governments (BCAG) - Loan
Authorization - Board approval is requested by the Butte
County Association of Governments. to authorize the Butte
County Treasury to provide temporary loans, in an amount not
to exceed $50,000, to BCAG to cover expenses incurred prior
to grant funds being received - action requested - PROVIDE
AUTHORIZATION TO THE BUTTE COUNTY TREASURER-TAX COLLECTOR TO
PROVIDE LOANS TO BCAG IN AN AMOUNT NOT TO EXCEED $50,000.
10. Lake Oroville Area Public Utilities District {LOAPUD) - Tax _,
Exchange Agreement - an application for annexation has been
received by the Local Agency Formation Commission for
annexation of territory for Ridgeway Enterprises, Inc.
Pursuant to Revenue and Taxation Code Section 99-99.2, a
separate property tax exchange resolution is required. The
LOAPUD Board has certified Resolution No. 4-99 stating this
change of organization will be revenue neutral to all
affected agencies - action requested - APPROVE PROPERTY TAX
EXCHANGE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN.
11. Adoption of Tax Rates - State law requires the Board to adopt
various ad valorem tax rates not later than September 1 of
each year - action requested - ADOPT RESOLUTION 99-109 FIXING
TAX RATES IN THE COUNTY OF BUTTE FOR FTSCAL YEAR 1999-00 AND
AUTHORIZE THE CHAIR TO SIGN.
12. Adoption 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
$71,280 - action requested - ADOPT ORDINANCE 3544 AND
AUTHORIZE THE CHAIR TO SIGN. {FROM 8-10-99)
Page 276 August 24, 1999
Au ust 24 1999
99-270 13. Introduction of a Salary Ordinance Amendment - the
Development Services Department has requested the Personnel
Department prepare a salary ordinance amendment which will
modify the compensation range for the classification of Plan
Check Engineer from the current monthly equivalent of $3,441-
$9,183 to $4,138-$5,030. The change is being requested in
response to three unsuccessful recruitments intended to fill
a current vacancy - action requested - WAIVE READING OF THE
ORDINANCE.
14. Introduction of a Salary Ordinance Amendment -- the District
Attorney has requested the Personnel Department prepare a
salary ordinance amendment which will reclassify one position
of Investigative Assistant/District Attorney Investigator I
to District Attorney Investigator II/I - action requested -
WAIVE READING OF THE ORDINANCE.
15. Introduction of a Salary Ordinance Amendment - the Probation
Department has requested the Personnel Department prepare a
salary ordinance amendment which adds the following term
positions in support of the Juvenile Drug Court Program: two
term positions of Probation Officer III/II/I (one term to end
5-30-00, one term to end 11-30-DO); one half-time term
position of Probation Technician (term to end 11-30-00); and
one half-time term position of Office Assistant III/II/I
(term to end 11-30-00) - action requested - WAIVE READING OF
THE ORDINANCE.
16. Introduction of a Salary Ordinance Amendment - the Public
Health Department has requested the Personnel Department
prepare a salary ordinance amendment which reclassifies a
vacant Recordable Document Examiner II/I position to an
Account Clerk/Senior Account Glerk/ Accounting Specialist
position to reflect the classification title relevant to the
essential job functions of the position - action requested -
WAIVE READING OF THE ORDINANCE.
17. Introduction of a Salary Ordinance Amendment - the Sheriff's
Office has requested the Personnel Department prepare a
salary ordinance amendment which adds one term position of
Deputy Sheriff (term to end 6-30-02) to the Sheriff's budget,
and one term position of District Attorney Investigator II/I
(term to end 6-30-02) to the District Attorney's budget in
support of the Marijuana Suppression Grant for fiscal year
1999-00 - action requested - WAIVE READING OF THE ORDINANCE.
Page 277 August 24, 1999
Auaust 24. 1999
99270 18. Installation of Storm Drainage Facilities along Oroville ~...
Chico Highway from 0.7 Mile East of Midway to Butte Creek,
County Project No. 4$253-95-1 - the project is necessary to
improve drainage along Oroville Chico Highway due to flood
waters that sheetflow from the north towards Oraville Chico
Highway. 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; ADOPT WAGE SCALE; AND AUTHORIZE PUBLIC
WORKS TO ADVERTISE FOR BIDS.
19. Request to Cross Na Access Strip - consideration of a request
to install a driveway across the one-foot no access strip
located on the parcel frontage on Lumpkin Raad - action
requested - APPROVE THE REQUEST AND REQUIRE THE OWNERS OBTAIN
AN ENCROACHMENT PERMIT PROM PUBLIC WORKS PRIOR TO THE
INSTALLATION OF THE DRIVEWAY.
20. Four-Way Stop Intersection at French Avenue and West Liberty
Road -- traffic control considerations deem it advisable to
declare the intersection of French Avenue and West Liberty
Road a four-way stop intersection - action requested - ADOPT
RESOLUTION 99-110 DECLARING A FQUR-WAY STOP INTERSECTION AND
AUTHORIZE THE CHAIR TO SIGN; AND DIRECT THE PUBLIC WORKS
DEPARTMENT TO INSTALL THE APPROPRIATE SIGNS.
21. Master Agreement No. 000486, Administering Agency - State
Agreement for State Funded Projects - reimbursement of funds
for qualified projects under the State Transportation
Improvement Program (STIP) or other programs as defined in
the CalTrans Local Assistance Program Guidelines, requires
the execution of a Master Agreement. Master Agreement No.
000986, Administering Agency--State Agreement for State Funded
Projects, effective June 24, 1999, is for projects without
Federal funds - action requested - ADOPT RESOLUTION 99-111
AUTHORIZING EXECUTION OF MASTER AGREEMENT NO. 000486,
ADMINISTERING AGENCY-STATE AGREEMENT FOR STATE FUNDED
PROJECTS AND AUTHORIZE THE CHAIR TO SIGN.
22. Program Supplement No. 035 - reimbursement of funds for
qualified projects under the State-Local Transportation
Partnership Program Agreement for State Share Funds,
Agreement No. SLTPP-5912, entered into January 10, 1991,
requires the execution of a Program Supplement to the Master
Agreement. Program Supplement No. 035 provides funding for
reimbursement of construction costs for the Dayton Road at
Hegan Lane Reconstruction Project, 3-BUT-O-CR, SB99-5912(002)
- action requested - ADOPT RESOLUTION 99-112 AUTHORIZING
EXECUTION OF PROGRAM SUPPLEMENT N0. 035 AND AUTHORIZE THE
CHAIR TO SIGN. ,,,r„
Page 278 August 24, 1999
August 24. 1999
99-270 23. Program Supplement No. 036 - reimbursement of funds for
qualified projects under the State-Local Transportation
Partnership Program Agreement for State Share Funds,
Agreement No. SLTPP-5912, entered into January 10, 1991,
requires the execution of a Program Supplement to the Master
Agreement. Program Supplement No. 036 provides funding for
reimbursement of construction costs for the Larkin Road
Pavement Overlay Project, 03-BUT-CR, SB99-5912(005} - action
requested - ADOPT RESOLUTION 99-113 AUTHORIZING EXECUTION OF
PROGRAM SUPPLEMENT NO. 036 AND AUTHORIZE THE CHAIR TO SIGN.
24. Program Supplement No. 037 - reimbursement of funds for
qualified projects under the State-Local Transportation
Partnership Program Agreement for State Share Funds,
Agreement No. SLTPP-5912, entered into January 10, 1991,
requires the execution of a Program Supplement to the Master
Agreement. Program Supplement No. 037 provides funding for
reimbursement of construction costs for the Skyway and Hegan
Lane Pavement Overlay Project, 03-BUT-O-CR, SB99-5912(004) -
action requested - ADOPT RE50LUTION 99-114 AUTHORIZING
EXECUTION OF PROGRAM SUPPLEMENT NO. 037 AND AUTHORIZE THE
CHAIR TO SIGN.
25. Program Supplement No. 0077, Rev. 0 - reimbursement of funds
or qualified projects under Administering Agency-State
Agreement No. 000486, effective June 29, 1999, for State
Funded Projects, requires the execution of a Program
Supplement to the Master Agreement. Program Supplement No.
0077, Rev. 0, provides funding for reimbursement of
construction and engineering costs for the roadway
rehabilitation on Midway from Durham Dayton Highway to 500
feet south of Oroville Chico Highway, 03-BUT-O-CR, RPL-
5912(031) - action requested - ADOPT RESOLUTION 99-115
AUTHORIZING EXECUTION OF PROGRAM SUPPLEMENT NO. 0077, REV.
0 AND AUTHORIZE THE CHAIR TO SIGN,
26. Program Supplement No. 0078, Rev. 0 - reimbursement of funds
for qualified projects under Administering Agency-State
Agreement No. 000486, effective June 24, 1999, for State
Funded Projects, requires the execution of a Program
Supplement to the Master Agreement. Program Supplement No.
0078, Rev. 0, provides for reimbursement of preliminary
engineering costs for the Neal Road Reconstruction Project
from 3 miles to 5 miles east of State Route 99, 03-BUT-O-CR,
RPL-5912{032) - action requested - ADOPT RESOLUTION 99-116
AUTHORIZING EXECUTIVE OF PROGRAM SUPPLEMENT NO. 0078, REV.
0 AND AUTHORIZE THE CHAIR TO SIGN.
Page 279 August 24, 1999
Au ust 24 1999
99-270 27. Tri-County Economic Development Corporation - Board approval "~"
is requested by the Administrative Office for an agreement
with Tri-County Economic Development Corporation to manage
non-housing State Community Development Block Grant program
income, subject to County oversight and reporting
requirements. The term of the agreement is on-going, but can
be terminated by either party upon 120 days written notice -
action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR
TQ SIGN.
28. T. W. Dufour and Associates - Lease Agreement - Board
approval is requested by the Butte County Department of
Behavioral Health for a renewal lease agreement with T. W.
Dufour and Associates for the property located at 107 Parmac
Road, Suite 4, Chico. The term of the agreement is July 1,
1999, through June 30, 2006, with a maximum lease amount
of $178,724.13 (department budget) - action requested -
APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract
No. x11340)
29. T. W. Dufour and Associates - Lease Amendment - Board
approval is requested by the Butte County Department of
Behavioral Health (BCDBH) for an amendment to the lease
agreement with T. W. Dufour and Associates for the property
located at 500 Cohasset Road, Suite 26, Chico, to cover
infili costs. The lessor has contributed towards the infill
costs by allowing BCDBH to occupy the space from January to
June rent free. The term of the agreement remains January
1, 1999, through December 31, 2008, with a maximum multi-
year lease amount of $150,361 (department budget} - action
requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE
CHAIR TO SIGN. (Contract No. X11340)
30. State Department of Alcohol and Drug Programs - Drug Court
Partnership Program - Board approval is requested by the
Butte County Department of Behavioral Health for a revenue
agreement with the State Department of Alcohol and Drug
Programs for funds to enhance the Drug Court Partnership
Program. The term of the agreement is May 1, 1999, through
April 30, 2003, in the maximum amount of $125,000 per fiscal
year - action requested - APPROVE AGREEMENT AND AUTHORIZE THE
CHAIR TO SIGN. (Contract No. R40153)
31. Mediation Center of the North Valley - Board approval is
requested by County Counsel for a renewal agreement with the
Mediation Center of the North Valley for grant funds to be
utilized for a dispute resolution program. The term of the
agreement is July 1, 1999, through June 30, 2000. Board
approval is also requested to appoint Lynn Woods as Butte
County's Alternate Dispute Resolution Coordinator - action ,,,^
requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO
SIGN; AND APPOINT LYNN WOODS AS BUTTE COUNTY'S ALTERNATE
DISPUTE RESOLUTION COORDINATOR. (Contract No. X11387)
Page 280 August 24, 1999
Auaust 29, 1,999
99-270 32. Fresh & Clean 3anitorial Services - Amendment No. 7 - Board
approval is requested by the General Services Director for
an amendment to the agreement with Fresh & Clean Janitorial
Services for the provision of janitorial services to outlying
County leased offices. The amendment extends the term of the
agreement from July 1, 1999, through June 30, 2000. All
other terms and provisions remain the same - action requested
- APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE GENERAL
SERVICES DIRECTOR TO SIGN SUBJECT TO APPROVAL OF COUNTY
COUNSEL AND THE AUDITOR-CONTROLLER. (Contract No. X10117
33. California State Library - 239.50 Server Software Grant -
Board approval is requested by the Library to apply to the
California State Library for a grant of up to $7,500 to
assist libraries in making their collections accessible via
239.50 searching - action requested - APPROVE GRANT
APPLICATION IN THE AMOUNT OF $7,500.
34. State Department of Health Services - Medi-Cal Administrative
Claiming Contract No. 99-85484 - Board approval is requested
by the Public Health Department for an agreement with the
State Department of Health Services which will allow the
Public Health Department to claim reimbursements far Medi-Cal
administrative activities in support of the Targeted Case
Management program. The revenue agreement covers fiscal
year 1999-2000 and provides a maximum amount payable to the
County of $100, 000 - action requested - APPROVE AGREEMENT AND
AUTHORIZE THE CHAIR TO SIGN. (Contract No. R4014$)
35. ATC/Vancom - Amendment No. 1 - Board approval is requested
by the Public Works Department for an amendment to the
agreement with ATC/Vancom for management and operation of
Butte County Transit. The amendment increases the vehicle
service hour rate to $40.19, with a maximum amount payable
not to exceed $685,000. The term of the amendment is July
1, 1999, through June 30, 2000 -- action requested - APPROVE
AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN.
(Contract No. X10940}
3b. ATC/Vancom - Amendment No. 1 - Board approval is requested
by the Public Works Department for an amendment to the
agreement with ATC/Vancom for the provision of transportation
services in the Oroville urban area for the mobility
impaired. The amendment increases the vehicle service hour
rate to $28.53, with a maximum amount payable not to exceed
$374,000. The term of the amendment is July 1, 1999,
through June 30, 2000 - action requested - APPROVE AGREEMENT
AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No.
x1a93s}
Page 281 August 24, 1999
August 24, 1999,
99-270 37. Oroville Area Transit - Amendment No. 1 - Board approval is ~"
requested by the Public works Department for an amendment to
the agreement with Oroville Area Transit for the provision
of transportation services in the Oroville Area. The
amendment increases the vehicle service hour rate to $35.31,
with a maximum amount payable not to exceed $136,500. The
term of the amendment is July 1, 1999, through June 30,
2000. Board approval is also requested for a budget transfer
in the amount of $6,500 (department budget) to cover the
cost of the amendment - action requested - APPROVE BUDGET
TRANSFER B-014 {4/5 vote required); AND APPROVE AGREEMENT
AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No.
X10939)
38. Quincy Engineering Inc., of Sacramento -- River Road Bridge
Reconstruction at Big Chico Creek - Board approval is
requested by the Public Works Department for a consulting
agreement with Quincy Engineering Inc., of Sacramento for the
provision of construction engineering support services for
specific phases of the bridge construction, in an amount not
to exceed $15,000 (80o HBRR Funds/20~ STIP Funds) - action
requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO
SIGN. (Contract No. X11317)
39. Intelliwaste, Inc. - Solid Waste Management Collection
Services Agreements - Board approval is requested by the
Public Works Department for an agreement with Intelliwaste,
Inc., for the provision of consulting and negotiation
services designed to assist the County in the development of
waste services agreements with local waste haulers. The
term of the agreement is August 1999 through the project
completion, with a maximum amount payable of $79,985 (Neal
Road Landfill Management Fund) - action requested - APPROVE
AGREEMENT AND AUTHORIZE THE DIRECTOR OF PUBLIC WORKS TO SIGN.
(Contract No. X11388)
40. Youth For Change - Family Preservation Agreement - Amendment
No. 5 - Board approval is requested by the Welfare Department
for an amendment to the agreement with Youth For Change for
the provision of family preservation support services. The
amendment provides for the development of post-adoption
promotion and support services in response to a one-time
funding supplement in the amount of $5,575 {50g Federal/50g
State) - action requested - APPROVE AGREEMENT AMENDMENT AND
AUTHORIZE THE CHAIR TO SIGN. {Contract No. X10267)
Page 282 August 24, 1999
August 29, 1999
99-270 91. Sacramento River Reclamation District - Certification of
Ballot Results and Trustee Appointments - pursuant to the
resolution providing far assessment ballot and protest
hearing proceedings regarding an assessment on District
lands, Board approval is requested for a resolution which
will certify the ballot votes received at the Board of
Supervisors meeting of August 10, 1999, and a resolution
which will appoint the Board of Trustees of the District -
action requested:
A. ADOPT RESOLUTION 99-117 CERTIFYING THE SACRAMENTO RIVER
RECLAMATION DISTRICT ASSESSMENT BALLOT VOTE AND
DECLARING THE ASSESSMENT APPROVED AND AUTHORIZE THE
CHAIR TO SIGN; AND
B. ADOPT RESOLUTION 99-118, PURSUANT TO WATER CODE SECTION
50742, APPOINTING SHIRLEY LEWIS, DONALD O'DELL, JAMES
PAIVA, PETER D. PETERSON, ROY RONEY, BILL
WAGGERSHAUSER, AND RICHARD WRIGHT AS TRUSTEES OF THE
SACRAMENTO RIVER RECLAMATION DISTRICT AND AUTHORIZE THE
CHAIR TO SIGN. (FROM 8-10-99)(107)
MOTION: I MOVE TO APPROVE THE CONSENT AGENDA AS PRESENTED.
M S
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
CHAIR DOLAN INTRODUCES ED CRADDOCK, NEW DIRECTOR OF THE DEPARTMENT
OF WATER AND RESOURCE CONSERVATION.
DENNY BRUCE, CHAIRMAN OF THE JUVENILE JUSTICE COMMISSION, THANKS
THE BOARD FOR ITS SUPPORT OF THE GRANT TO CONSTRUCT A NEW JUVENILE
HALL FACILITY. (148)
Re ular A enda
99-271 Report to the Board - Existence of a Local Emergency.
BILL SAGER, FIRE CHIEF, PROVIDES AN UPDATE TO THE BOARD ON THE
NUMBER OF F1RES CURRENTLY BURNING IN THE COUNTY. (200)
Page 283 August 24, 1999
August 24, 1999
99-272 Consideration of the addition of an item to the agenda -
consideration of the declaration of a state of emergency in
response to numerous fires currently burning in the County. (501}
MOTION: PURSUANT TO GOVERNMENT CODE SECTION 54954.2 (1) I MOVE TO ADD THE
CONSIDERATION OF A PROCLAMATION OF A LOCAL EMERGENCY TO THE
AGENDA.
M S
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
MOTION: I MOVE TO ADOPT RESOLUTION 99-119 CONFIRMING EXISTENCE OF A LOCAL
EMERGENCY FOR THE COUNTY OF BUTTE, AND TO ADOPT RESOLUTION 99-120
REQUESTING THE GOVERNOR PROCLAIM A STATE OF EMERGENCY IN BUTTE
COUNTY.
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
99-273 Adoption 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 ~r-..
requested - ADOPT ORDINANCE AND AUTHORIZE THE CHAIR TO SIGN.
(FROM 8-10-99) (588}
A RECESS IS CALLED TO ALLOW BOARD MEMBERS AN OPPORTUNITY TO READ
NEW INFORMATION SUBMITTED TO THEM.
RECESS: 9:26 A.M.
RECONVENE: 9:36 A.M.
99-273 Adoption 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 ORDINANCE AND AUTHORIZE THE CHAIR TO SIGN.
(FROM 8-10-99) (720)
MOTION: I MOVE TO ADOPT ORDINANCE 3545 AND AUTHORIZE THE CHAIR TO SIGN.
S M
VOTE: 1 Y 2 Y 3 N 9 Y 5 Y (Motion Carried) _,
Page 284 August 24, 1999
Au ust 24 1999
RECESS: 10:04 A.M.
RECONVENE: 10:12 A.M.
Regular,,,,, Agenda
99-274 Butte County Job Creation Plan and Request to Amend Articles of
Incorporation for Butte County Overall Economic Development, Inc.
(Butte Economic Development Corporation [EDC]) - presentation to
the Board on the status of the Butte County Job Creation Plan and
a request to amend the Articles of Incorporation for Butte County
Overall. Economic Development, Inc., increasing the number of board
members from 13 to 19 - action requested - ACCEPT REPORT FOR
INFORMATION; AND APPROVE THE AMENDMENT TO THE ARTICLES OF
INCORPORATION INCREASING THE NUMBER OF BUTTE EDC BOARD MEMBERS
FROM 13 TO 19 AND AUTHORIZE COUNTY COUNSEL TO SIGN. (BOB
LINSCHEID, EXECUTIVE DIRECTOR, BUTTE COUNTY OVERALL ECONOMTC
DEVELOPMENT, INC.} (1689}
PRESENTATION TO THE BOARD BY LOU CHECCI, PRESIDENT, BUTTE COUNTY
ECONOMIC DEVELOPMENT CORPORATION; AND BOB LINSCHEID, EXECUTIVE
DIRECTOR, BUTTE COUNTY ECONOMIC DEVELOPMENT CORPORATION.
MOTION: I MOVE TO ACCEPT THE REPORT FOR INFORMATION; AND APPROVE THE
AMENDMENT TO THE ARTICLES OF INCORPORATION INCREASING THE NUMBER
OF BUTTE EDC BOARD MEMBERS FROM 13 TO 19 AND AUTHORIZE COUNTY
COUNSEL TO SIGN.
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
Page 285 August 24, 1999
August 24, 1999
Public Hearing and Timed Items
99-275 Public Hearing - County Service Area No. 24 -Annexation - the
County of Butte has petitioned the Local Agency Formation
Commission (LAFCo) for the annexation of 4.8 acres of private
property to County Service Area No. 24 (item found to be a general
rule exemption under the California Environmental Quality Act.}
By Resolution No. 24-1997/98, LAFCo made determinations and
approved the annexation to correct lines of assessment to match
existing property lines. Parcels to be annexed are identified as
APNs 007-550-066, 007-550-068, 007-550-075, and 007-550-078 -
action requested - SUBJECT TO THE FINDINGS AND CONDITIONS
AS DETAILED IN THE LAFCO STAFF REPORT DATED AUGUST 6, 1998,
ADOPT THE RESOLUTION APPROVING THE ANNEXATION AND AUTHORIZE THE
CHAIR TO SIGN. (FROM 5-26-98} (2117}
PUBLIC HEARING OPENED: 10:26 A.M.
PUBLIC HEARING CLOSED: 10:26 A.M.
MOTION: SUBJECT TO THE FINDINGS AND CONDITIONS AS DETAILED IN THE
LAFCO STAFF REPORT DATED AUGUST 6, 1998, I MOVE TO ADOPT
RESOLUTION 99-121 APPROVING THE ANNEXATION TO CSA 24, NOTING THAT
A PORTION OF ASSESSOR'S PARCEL NUMBER 007-550-075, WHICH WAS NOT
IDENTIFIED ON THE MAP INCLUDED IN THE STAFF REPORT, IS TO BE
INCLUDED IN THE ANNEXATION, AND AUTHORIZE THE CHAIR TO SIGN.
M 5
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried}
Page 286 August 24, 1999
August 24, 1999
99-276 Continued Public Hearing - Butte County Final Budget - Fiscal Year
1999-2000 - action requested:
A. CLOSE PUBLIC HEARINGS ON FINAL BUDGET AND REALLOCATION OF
FISCAL YEAR 1999-2000 REALIGNMENT REVENUES;
B. ADOPT RESOLUTION AUTHORIZING TRANSFER OF REALIGNMENT REVENUE
AS CONTAINED IN FISCAL YEAR 1999-2000 PROPOSED BUDGET; AND
C. APPROVE MOTION OF INTENT TO ADOPT THE FISCAL YEAR 1999-2000
BUTTE COUNTY FINAL BUDGET AND DIRECT THE AUDITOR-CONTROLLER
TO PREPARE THE RESOLUTION FOR APPROVAL ON SEPTEMBER 14, 1999.
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." (2222){**00)
PUBLIC HEARING RECONVENED: 10:44 A.M.
PUBLIC HEARING CLOSED: 11:00 A.M.
MOTION: I MOVE TO ADOPT RESOLUTION 99-122 AUTHORIZING TRANSFER OF
REALIGNMENT REVENUE AS CONTAINED IN FISCAL YEAR 1999-2000 PROPOSED
BUDGET AND AUTHORIZE THE CHAIR TO SIGN.
S M
VOTE: 1 Y 2 Y 3 Y 9 Y 5 Y {Unanimously Carried)
MOTION: I MOVE TO APPROVE THE PROPOSED FINAL BUDGET ADJUSTMENTS, TO
INCLUDE THE CHIEF ADMINISTRATIVE OFFICER'S RECOMMENDED
ADJUSTMENTS, AND THOSE ADJUSTMENTS IDENTIFIED AS THE "MINIMUM
PACKAGE" IN THE STAFF REPORT DATED AUGUST 18, 3999. I FURTHER
MOVE TO ADD ONE POSITION OF INFORMATION SYSTEMS ANALYST AND ONE
POSITION OF INFORMATION SYSTEMS TECHNICIAN TO THE INFORMATION
SYSTEMS DEPARTMENT.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
MOTION: I MOVE TO APPROVE ADDITIONAL FIRE STAFFING INCREASES AT THE CHICO
STATIONS.
S M
VOTE: 1 N 2 Y 3 Y 4 N 5 N (Motion Failed to Carry)
MOTION: I MOVE TO APPROVE A NEW DEPUTY COUNTY COUNSEL POSITION.
S M
VOTE: 1 N 2 Y 3 Y 4 N 5 N {Motion Failed to Carry)
Page 287 August 24, 1999
August 24, 1999
99-276 Continued Public Hearing - Butte County Final Budget - Fiscal Year ~'
1999-2000.
MOTION: I MOVE TO ADD ONE PRINCIPAL PLANNER POSITION AND ONE BUILDING
INSPECTOR POSITION, TO INCLUDE THE NECESSARY SUPPORTTNG ACTION
NEEDED TO FUND THE POSITIONS.
M S
VOTE: 1 N 2 Y 3 Y 4 N 5 Y (Motion Carried)
MOTION: I MOVE FOR A MOTION OF INTENT TO APPROVE THE BUDGET CHANGES FOR
COUNTY SERVICE AREAS AS DETAILED IN THE STAFF REPORT DATED
AUGUST 20, 1999.
S M
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y {Unanimously Carried)
MOTION: I MOVE FOR A MOTION OF INTENT TO ADOPT THE BUTTE COUNTY FINAL
BUDGET FOR FISCAL YEAR 1999-2000 AND DIRECT THE AUDITOR-CONTROLLER
TO PREPARE THE RESOLUTION FOR APPROVAL ON SEPTEMBER 14, 1999.
M 5
VOTE: 1 Y 2 Y 3 Y 9 Y S Y (Unanimously Carried)
99-277 Public Hearing - An Urgency Interim Ordinance Prohibiting and
Regulating Certain Adult Businesses - consideration of the
adoption of an ordinance extending for one year Butte County
Ordinance 3495 entitled, "An Urgency Interim Ordinance Prohibiting
and Regulating Certain Adult Businesses," as extended and amended
by Ordinance 3454. Ordinance 3945 was adopted as an urgency
interim ordinance on September 1b, 1998, and remained effective
for 95 days. Ordinance 3954 was adopted as an urgency interim
ordinance on October 27, 1998, and extended Ordinance 3495 for
an additional ten months and 15 days - action requested - ADOPT AN
ORDINANCE AND AUTHORIZE THE CHAIR TO SIGN. (**1254)
PUBLIC HEARING OPENED: 11:30 A.M.
PUBLIC HEARING CLOSED: 11:30 A.M.
MOTION: I MOVE TO ADOPT ORDINANCE 3546 AND AUTHORIZE THE CHAIR TO SIGN.
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y {Unanimously Carried)
RECESS: 11:31 A.M.
RECONVENE: 11:39 A.M.
Page 288 August 24, 1999
August 24,,,,1999
Rectular Aaenda
99-278 Zoning Code Interpretation - Home Occupation Section 29-270 -
the Development Services Department is requesting the Board
determine that a bail bond business located in a primarily
residential area, zoned primarily for residential uses, is subject
to a Use Permit - action requested - SUBJECT TO THE FINDINGS
DETAILED IN THE STAFF REPORT DATED AUGUST 24, 1999, DETERMINE THAT
A BAIL BOND BUSINESS LOCATED IN A PRIMARILY RESIDENTIAL AREA,
ZONED PRIMARILY FOR RESIDENTIAL USES ON A PRIVATE ROAD, IS
OBJECTIONABLE OR MAY BECOME OBJECTIONABLE, AND REQUIRE A USE
PERMIT TO OPERATE THE BUSINESS AS A HOME OCCUPATION BASED
BUSINESS. (**1392)
MOTION: SUBJECT TO THE FINDINGS DETAILED IN THE STAFF REPORT
DATED AUGUST 24, 1999, I MOVE TO DETERMINE THAT A BAIL BOND
BUSINESS LOCATED IN A PRIMARILY RESIDENTIAL AREA, ZONED PRIMARTLY
FOR RESIDENTIAL USES ON A PRIVATE ROAD, IS OBJECTIONABLE OR MAY
BECOME OBJECTIONABLE, AND REQUIRE A USE PERMIT TO OPERATE THE
BUSINESS AS A HOME OCCUPATION BASED BUSINESS.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
99-279 Annual Elected Department Head Presentations - County Clerk-
Recorder - to discuss department issues and goals and to voice
mutual concerns - action requested - ACCEPT FOR INFORMATION.
{FROM 8-10-99~) (**2890){***00}
PRESENTATION TO THE BOARD BY CANDANCE GRUBBS, COUNTY CLERK-
RECORDER.
99-280 CLOSED SESSION: The Board recessed at 12:50 p.m. to a closed
session conference to discuss a public employee
performance evaluation pursuant to Government
Code Section 54957: Chief Administrative
Officer. (***806)
RECONVENE: The Board reconvened at 2:15 p.m. from a closed
session conference to discuss a public employee
performance evaluation pursuant to Government
Code Section 59957: Chief Administrative
Officer. (NO ANNOUNCEMENTS)
99-281 Appointments - Commissions and Committees. {***848)
A. Appointments to committee vacancies. (NONE}
Page 289 August 24, 1999
August 24, 1999
99-2$2 Update on legislative and budget activities. (***$54} JOHN S.
BLACKLOCK, CHIEF ADMINISTRATIVE OFFICER, INFORMS THE BOARD THAT
THERE IS PROPOSED LEGISLATION THE GOVERNOR TS CONSIDERING WHICH
WILL CREATE A SEPARATE DEPARTMENT FOR CHILD SUPPORT ACTIVITIES,
DIVESTING THAT FUNCTION FROM COUNTY DISTRICT ATTORNEY OFFICES AND
CREATING A SEPARATE COUNTY DEPARTMENT FOR THAT FUNCTION.
ADDITIONALLY, ALL BILLS DEALING WITH FUNDING HAVE BEEN SENT TO
THEIR RESPECTIVE SUSPENSE FILES IN EACH HOUSE AND WILL NOT BE
ADDRESSED AT THIS TIME.
99-283 Consideration of a Statement of Organizational Support for the
National Forest Counties and Schools Coalition - action
requested - DIRECT THE CHIEF ADMTNISTRATIVE OFFICER TO SIGN THE
STATEMENT OF ORGANIZATIONAL SUPPORT. (***925)
MOTION: I MOVE TO DIRECT THE CHIEF ADMINISTRATIVE OFFICER TO SIGN THE
STATEMENT OF ORGANIZATIONAL SUPPORT.
M S
VOTE: l Y 2 N 3 Y 4 Y 5 Y {Motion Carried}
99-284 Year 2000 (Y2K} Compliance Update - presentation to the Board
regarding the status of County operating systems and embedded chip
inventory - action requested - ACCEPT FOR INFORMATION. (FROM
PRESENTATION TO THE BOARD BY BOB BARNES, DIRECTOR-INFORMATION
SYSTEMS.
99-285 Reapplication to the Commission on State Mandates for General
Assistance Mandate Relief - consideration of a reapplication to
the Commission on State Mandates which would authorize the Board
to adopt a standard of general assistance below the level
established by Welfare and Institutions Code Section 17000.5 -
action requested - ADOPT RESOLUTION AUTHORIZING THE CHIEF
ADMINISTRATIVE OFFICER TO FILE AN APPLICATION FOR GENERAL
ASSISTANCE MANDATE RELIEF PURSUANT TO WELFARE AND INSTITUTIONS
CODE 17000.6. (***1693)
MOTION: I MOVE TO ADOPT RESOLUTION 99-123 AUTHORIZING THE CHIEF
ADMINISTRATIVE OFFICER TO FILE AN APPLICATION FOR GENERAL
ASSISTANCE MANDATE RELIEF PURSUANT TO WELFARE AND INSTITUTIONS
CODE 17000.6 AND AUTHORIZE THE CHAIR TO SIGN.
S M
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried}
Page 290 August 24, 1999
Au ust 24, 1999
99-286 Williamson Act Procedures and Rules - the Land Conservation Act
Committee recommends the Board amend the resolution which enables
the Williamson Act for Butte County to help streamline the
application process, enhance the protection of agricultural lands
in the County, and improve the administration of Williamson Act
contracts - action requested - ADOPT A RESOLUTION AMENDING THE
WILLIAMSON ACT PROCEDURES AND RULES AND AUTHORIZE THE CHAIR TO
SIGN. (***1925)(****00)
MOTION: T MOVE TO ADOPT RESOLUTION 99-124 AS AMENDED TO REMOVE THE WORDS,
"...THE SEGREGATION IS PERMITTED OR" FROM ITEM G(2), ENTITLED
"HOMESITE SEGREGATION" ON PAGE 7 OF THE RESOLUTION,; TQ REWORD
ITEM I(2), ON PAGE 8 OF THE RESOLUTION TO READ, "PARTIAL NOTICE OF
NON-RENEWAL FOR LANDS WITHIN A LAND CONSERVATION AGREEMENT; IF
ONLY A PORTION OF LANDS WITHIN AN AGREEMENT ARE NON-RENEWED, THEY
MUST CONFORM TQ THE MINIMUM ACREAGE REQUIREMENT IN SECTION D-l,
COLUMN 1, AND THE REMAINING CONTRACT LANDS MUST ALSO CONFORM TO
THESE MINIMUM ACREAGE REQUIREMENTS", AND TO ELIMINATE SECTION J ON
PAGE 8 OF THE RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y {Unanimously Carried)
99-287 Status Report on Funding Water Inventory and Analysis - action
requested - CONTINUE TO SEPTEMBER 14, 1999. (FROM $-10-99)
ITEM CONTINUED TO SEPTEMBER 14, 1999.
99-288 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.} (****196}
(NONE )
Page 291 August 24, 1999
August 29. 1999
Communications
99-289 Communications received and referred. (COPIES OF ALL
COMMUNICATIONS ARE AVAILABLE IN THE CLERK OF THE BOARD OFFICE.}
A. Marilyn Presher, Paradise, writes the Board to request
assistance in resolving a building permit problem and
requesting a waiver should the solution require payment
of additional fees. (REFERRED TO DIRECTOR - DEVELOPMENT
SERVICES [8-2-99])
ADJOURNMENT: There being no further business before the Board
the meeting was adjourned at 3:34 p.m. to
reconvene at a regular meeting on Tuesday,
September 14, 1999, at 9:30 a.m.
SANE DOLAN, Chair
ATTEST:
John S. Blacklock, Chief Admini~'~ative Officer
and Clerk of the B rd of Supervisors
Page 292 August 24, 1999