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HomeMy WebLinkAboutM092899BOARD OF SUPERVISORS MINUTE R. J. BEELER, 1st District JANE DOLAN, 2r~d District MARY ANNE ROUX, 3rd District CURT JOSIASSEN, 4th District FRED C. DAVIS, 5th District Se tember 28 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 presents 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 - Alex Groh, Representative, Bahai World Faith, Paradise. ~-- 99-307 Items removed from the Consent Agenda for Board consideration and action. t71) 1. Budget Transfers - action requested - APPROVE BUDGET TRANSFER B-030 (ADMINISTRATION {4/5 vote required]). 2. Award of Bid - Installation of Storm Drainage Facilities Along Oroville Chico Highway from 0.7 Miles East of Midway to Butte Creek - County Project No. 48253-95-1 - the project is necessary to improve drainage along Oroville Chico Highway due to flood waters that sheetflow from the north. A portion of the project is funded through a grant from the Federal Emergency Management Agency Hazard Mitigation Grant Program - action requested - AWARD CONTRACT TO LOWEST RESPONSIBLE BIDDER AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. 3. Fraser & Associates - Board approval is requested by the Administrative Office for an agreement with Fraser & Associates for the provision of financial consulting services relating to redevelopment issues. The term of the agreement is ongoing, but may be terminated by either party upon 30 days written notice - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. Page 311 September 28, 1999 September 28, 1999 99-307 4. Randy Chafin - Amendment No. 3 - Board approval is ~` requested by the Development Services Department for an amendment to the agreement with Randy Chafin for the provision of consulting services for long range planning projects for the County. The amendment increases the maximum amount payable by $10,000 (department budget} to cover services through completion of the projects. All other terms and provisions remain the same - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X10$72} 5. 199$-1999 Grand Jury Final Report - action requested -- ADOPT THE BOARD OF SUPERVISORS' RESPONSE TO THE 1998- 1999 GRAND JURY FINAL REPORT AND AUTHORIZE THE CHAIR TO SIGN. Consent Agenda 99-308 1. Approval of Minutes - action requested - APPROVE MINUTES OF AUGUST 12, 1999; AND AUGUST 24, 1999. 2. Budget Transfers - action requested -APPROVE BUDGET TRANSFERS; B-029 (DEVELOPMENT SERVICES [9/5 vote required]); AND B-028 (LIBRARY). „~ 3. County Library Donations - in accordance with Government Code Section 25355, donations of $1,575 from Chico Friends of the Library, $500 from Oroville Friends of the Library, $250 from Chico Area Flyfishers, Inc., $250 from an anonymous donor, and $100 from Margaret M. Jensen of Paradise, have been received for the Butte County Trust Fund for the purchase of books - action requested - ACCEPT DONATIONS AND AUTHORIZE LETTERS OF APPRECIATION. 9. Sheriff's Vehicle - Board approval is requested by the Sheriff's Office to accept the donation of a 1989 Ford Sedan, valued at $500, from the City of Chico. The vehicle will be utilized in the Sheriff's Office civilian fleet - acta.on requested - ACCEPT DONATION AND AUTHORIZE A LETTER OF APPRECIATION. Page 312 September 28, 1999 September 28, 1999 99-308 5. Gifts to the Library - Board approval is requested to accept the following items which have been donated to the County libraries. Donations by Kris Carmack of Paradise to the Paradise Branch 1} Kurzweill Reader (valued at $3,995}. This equipment is designed to assist individuals who are sight challenged by scanning printed words and reading them back in voice form. 2} Televiewer (valued at $2,995). This equipment is utilized to enlarge printed materials up to 60 times and displays them on a viewer. Donations by the Oroville Host Lions Club to the Oroville Branch: 1} Compaq IJ200 Printer and new E-machine computer system (valued at $586.20) - action requested - ACCEPT DONATIONS AND AUTHORIZE LETTERS OF APPRECIATION. 6. Appointment of Nominees Where a Declaration of Candidacy Farm Has Been Filed for the November 2, 3999, General District Election - action requested - APPOINT/DECLARE ELECTED JAN BETHELL, RONALD ROSE, AND BASIL DEANDA, DIRECTORS, BERRY CREEK COMMUNITY SERVICES DISTRICT {q YEAR TERMS TO END DECEMBER 2003/2 YEAR TERM TO END DECEMBER 2001}; VOLNEY D. ~~BUD" LANG AND STEVE F. BOSTON, DIRECTORS, RICHARDSON SPRINGS COMMUNITY SERVICES DISTRICT (4 YEAR TERMS TO END DECEMBER 2003}; MILTON J. LAMALFA, DIRECTOR, DRAINAGE DISTRICT #200 (4 YEAR TERM TO END DECEMBER 2003); KURT F. ALBRECHT, GEORGE R. CHAFFIN, AND CAROL CHAFFIN ALBRECHT, DIRECTORS, TABLE MOUNTAIN IRRIGATION DISTRICT {4 YEAR TERMS TO END DECEMBER 2003/2 YEAR TERM TO END DECEMBER 2001); RONALD P. GIOVANNETTI AND STEPHEN PANTALEONI, DIRECTORS, BUTTE WATER DISTRICT (4 YEAR TERMS TO END DECEMBER 2003). 7. Western Canal Water District - Appointment of Nominees Where a Declaration of Candidacy Form Has Been Filed for the November 2, 1999, General District Election - action requested - APPOINT/DECLARE ELECTED FRANK LARRABEE, HOMER LUNDBERG, AND KENNETH L. ANDERSON, DIRECTORS (9 YEAR TERMS TO END DECEMBER 2003). 8. Appointments of Nominees Where a Declaration of Candidacy Form Has Not Been Filed for the November 2, 1999, General District Election - action requested - APPOINT BRENT LARGENT AND JIM ESH, DIRECTORS, BUZZTAIL COMMUNITY SERVICES DISTRICT (4 YEAR TERMS TO END DECEMBER 2003). 9. Butte Basin Water Users Association-Technical Advisory Committee - action requested - ACCEPT THE RECOMMENDATION T„~ OF THE DEPARTMENT OF WATER AND RESOURCE CONSERVATION AND APPOINT ED CRADDOCK TO THE BUTTE BASIN WATER USERS ASSOCIATION-TECHNICAL ADVISORY COMMITTEE. Page 333 September 26, 1999 September 28R_1999 99-308 10. Final Map - Pheasant Landing Subdivision, Unit 2, Phase .--„ 2 (APN 047-250-178) - eight lots located on the east side of Garner Lane across from Kathy Lane, north Chico area. The developer has provided an Irrevocable Letter of Credit to guarantee construction of the required road, drainage, fire protection, and sewer facilities within one year - action requested - APPROVE FINAL MAP; ACCEPT AUGUSTA LANE AND SAWGRASS COURT AS OFFERED FOR DEDICATION IN FEE SIMPLE TO THE COUNTY OF BUTTE IN ITEM NO. 1 OF THE OWNER'S STATEMENT; ACCEPT THOSE EASEMENTS FOR PUBLIC SERVICE PURPOSES AS OFFERED IN ITEM NO. 2 OF THE OWNER'S STATEMENT ON BEHALF OF THE ENTITIES NAMED; ACCEPT THE RELINQUISHMENT OF ABUTTER'S RIGHTS ALONG THE NEW ARTERIAL FRONTAGE OF LOTS 43 AND 47 AS OFFERED FOR DEDICATION TO THE COUNTY OF BUTTE IN ITEM N0. 3 OF THE OWNER'S S'T'ATEMENT; AND AUTHORIZE THE CHAIR TO SIGN THE SUBDIVISION AGREEMENT. 11. Formation of County Service Area (CSA) No. 172 {Autumn Park Subdivision) - the Local Agency Formation Commission (LAFCo), by Resolution No. 6 1999/00, approved the formation of CSA 172. LAFCo submits its resolution to the Board for further proceedings as required by law - action requested - ADOPT RE50LUT20N 99-132 ESTABLISHING COUNTY SERVICE AREA NO. 172 (AUTUMN PARK SUBDIVISION) AND AUTHORIZE THE CHAIR TO SIGN. (FROM 7-13-99) 12. Sheriff's Vehicle - Board approval is requested by the Sheriff's Office to purchase a 1991 Chevrolet K-2500 4x4 vehicle in the amount of $9,000 {department budget) for use in the Sheriff's boating program - action requested - APPROVE PURCHASE OF A FIXED ASSET ITEM. 13. Monthly Investment Report - the Treasurer-Tax Collector submits the August 31, 1999, report in accordance with the Butte County Statement of Investment Policy dated Uuly 1, 1999 - action requested -- ACCEPT FOR INFORMATION. Page 314 September 28, 1999 September 2,8, 1999 99-308 19. Adoption of a Salary Ordinance Amendment - the Personnel Department has prepared a salary ordinance amendment which incorporates changes associated with recommendations contained in the Fiscal Year 1999-2000 Butte County Final Budget as follows: Emergency Services - deletes one half-time position of Office Assistant II/I and one quarter-time term position of Office Assistant II/I (term to end 12-1-00); adds one three-quarter time position of Office Assistant II/I. Treasurer-Tax Collector - adds two positions of Revenue and Reimbursement Officer II/I, one position of Senior Account Clerk/Account Clerk, and one term position of Office Assistant II/I (term to end 6-30-00). County Counsel - adds one position of Deputy County Counsel Iv/III/TI/I. Superior Court of California-County of Butte - adds two positions of Specialist-Court Compliance Program, one position of Administrative Analyst I-Courts, three positions of Accounting Specialist-Courts, and one position of Office Assistant II-Courts. District Attorney-Welfare Fraud - deletes one position of Legal Secretary; adds one position of Investigative Assistant. Probation-Victim Witness Grant - deletes one position of Probation Officer II/I; adds one position of Probation Technician. Development Services-Building Inspection - adds one position of Building Inspector III/II/I. Development Services- Planning - adds one position of Principal Planner. Public Health-Rabies Control - adds one half-time position of Office Assistant III/II/I. Public Health- General Services - adds one position of Information Systems Technician III/II/I, one position of Health Education Specialist II/I, and one position of Medical Records Technician II/I. Public Health-Environmental Health - adds one half-time position of Office Assistant TII/II/I. Behavioral Health-General Services - adds one position of Psychologist, three positions of Supervisor- Mental Health Clinician, one position of Clinical Program Manager, one position of Health Education Specialist II/I, two positions of Mental Health Clinician TI/I, one position of Senior Mental Health Counselor/Mental Health Counselor/Mental Health Worker, one position of Tnformation Systems Analyst II, one position of Accounting Specialist/Senior Account Clerk/Account Clerk, and one position of Office Assistant III/II/I. (Continued on Page 316) Page 315 September 28, 1999 September 28, 1999 99-308 14. Behavioral Health-Substance Abuse Services - adds two ~" (Cont.) positions of Mental Health Clinician II/I, four positions of Senior Mental Health Counselor/Mental Health Counselor/Mental Health Worker, one position of Health Education Specialist II/T, and one position of Accounting Specialist/Senior Account Clerk/Account Clerk. Welfare-Eligibility - deletes 130 positions of Eligibility Worker II/I; adds 130 positions of Eligibility Technician II/I. Welfare-Services - deletes 97 positions of Social Worker III/II, 12 term positions of Social Worker III/II (terms to end 6-30-00}, 11 positions of Social Worker II/I, two positions of Social Worker II/I/Social Services Aide, and two positions of Vocational Counselor; adds 47 positions of Employment Case Manager III/II, 12 term positions of Employment Case Manager III/II (terms to end 6-30-00}, 11 positions of Employment Case Manager II/I, two positions of Social Worker III/II, and two positions of Employment Case Manager II/T/Social Services Aide. Information Systems - adds one position of Information Systems Analyst III/II/I and one position of Information Systems Technician III/II/I. Central Communications - deletes one position of Telecommunications Officer/Emergency Services; adds one position of Manager-Telecommunications Center, and two ~, positions of Office Assistant III/II/I - action requested - ADOPT ORDINANCE 3552 AND AUTHORIZE THE CHAIR TO SIGN. (FROM 9-14-99} 15. Adoption of a Salary Ordinance Amendment - the Personnel Department has prepared a salary ordinance amendment which adds the position of Assistant Sheriff to the allocated positions of Sheriff-Coroner Budget Units 360- 001, 360-002, and 360-003, retroactive to August 24, 1999, to correct the deletion of these positions in a previously adopted salary ordinance amendment - action requested - ADOPT ORDINANCE 3553 AND AUTHORIZE THE CHAIR TO SIGN. {FROM 9-14-99} 16. Adoption of an Ordinance - Board of Supervisors Travel Allowance - proposed is an ordinance which amends and updates the ordinance relating to transportation expenses for Board of Supervisors members to restore the option of a County provided vehicle - action requested - ADOPT ORDINANCE 3554 AND AUTHORIZE THE CHAIR TO SIGN. {FROM 9-14-99} Page 316 September 28, 1999 September 28. 1999 99-308 17. Adoption of an Ordinance - Children and Families First Commission - consideration of an ordinance which would amend the County ordinance establishing the Children and Families First Commission in response to recommendations from the California State Children and Families First Commission to provide for statewide consistency - action requested - ADOPT ORDINANCE 3555 AND AUTHORIZE THE CHAIR TO SIGN. (FROM 9-14-99) 18. Introduction of a Salary Ordinance Amendment - the Public Health Department has requested the Personnel Department prepare a salary ordinance amendment which extends two term positions of Public Health Assistant (terms to end 9-30-99) to December 31, 1999, in response to a State extension of the agreements which fund these positions - action requested - WAIVE READING OF THE ORDINANCE. 19. Introduction of a Salary Ordinance Amendment - the Welfare Department has requested the Personnel Department prepare a salary ordinance amendment which reclassifies one position of Supervisor-Staff Support Services to a Paralegal position to better accommodate the organizational structure set forth with the transition of the Public Guardian function to the Welfare Department - action requested - WAIVE READING OF THE ORDINANCE. 20. Contract Change Order (CCO) No. 1 - Roadway Rehabilitation on Midway from Durham Dayton Highway to 500 Feet South of Oroville Chico Highway - CCO No. 1, in an increasing amount not to exceed $155,000 {100 State reimbursed funds) provides for the inclusion of roadway rehabilitation on a 2.5 mile section of road on Durham Dayton Road between Roble and Dayton Roads - action requested - APPROVE CCO N0. 1 AND AUTHORIZE THE CHAIR TO SIGN. 21. Notice of Completion - Construction of Bicycle Lanes Along Durham Dayton Highway from McAnarlin Avenue to Goodspeed Street, County Project No. 44201-9B-1 - all contract work has been completed in accordance with plans and specifications - ACCEPT CONTRACT WORK, AUTHORIZE THE CHAIR TO SIGN NOTICE OF COMPLETION; ANB DIRECT RECORDING OF NOTICE OF COMPLETION. Page 317 September 28, 1999 Se tember 28 1999 99-308 22. Construction of a Low Water Crossing on Nord Gianella ='"' Road, County Project No. 60105B-98-1 - the project provides for the construction of a concrete low water crossing on Nord Gianella Road adjacent to the bridge over Pine Creek, approximately 2 miles west of Nord. Plans and specifications have been completed for the project - action requested - APPROVE PLANS AND SPECIFICATIONS; AUTHORIZE THE CHAIR AND THE DIRECTOR OF PUBLIC WORKS TO SIGN PLANS; ADOPT WAGE SCALE; AND AUTHORIZE THE PUBLIC WORKS DEPARTMENT TO ADVERTISE FOR BIDS. 23. State of California, Department of Food and Agriculture - Board approval is requested by the Agricultural Commissioner for a revenue agreement with the State of California, Department of Food and Agriculture for the provision of trapping services for the Medfly, Oriental Fruit Fly, Melon Fly, Gypsy Math, and Japanese Beetle. The term of the agreement is July 1, 1999, through June 30, 2000, with a maximum amount payable to the County of $25,202 - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. R40171) 24. State of California, Department of Food and ,^ Agriculture - Board approval is requested by the Agricultural Commissioner for a revenue agreement with the State of California, Department of Food and Agriculture for enforcement of a statewide compliance level of 85~ on all agricultural and vegetable seed in the County. The term of the agreement is July 1, 1999, through June 30, 2004. The State will compensate the County annually, in arrears, 30$ of the total assessment fees received pursuant to Section 52354 of the Food and Agricultural Code, ar $65,040, whichever is greater - action requested - APPROVE AGREEMENT AND AUTHORIZE THE AGRICULTURAL COMMISSIONER TO SIGN. (Contract No. R40181} 25. State of California, Department of Food and Agriculture - Board approval is requested by the Agricultural Commissioner for a revenue agreement with the State of California, Department of Food and Agriculture for the provision of services to augment, improve, and maintain a uniform and viable inspection program for establishments selling and distributing petroleum products. The term of the agreement is July 1, 1999, through June 30, 2004, with a maximum amount payable to the County of 55,850 per fiscal year - action requested - APPROVE AGREEMENT AND AUTHORIZE THE ,,.,.~ CHAIR TO SIGN. (Contract No. R90177) Page 318 September 28, 1999 September 28, 1999 99-30E 26. California State University, Long Beach - Social Work Fieldwork Experience Agreement - Board approval is requested by the Butte County Department of Behavioral Health for an agreement with California State University, Long Beach, to provide students with a clinical setting for fieldwork experience. The term of the agreement is May 15, 1999, through April 30, 2004. No revenues or expenditures are associated with this agreement - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. 27. California State University, San Francisco - Marriage, Family, and Child Counseling (MFCC) Fieldwork Experience Agreement - Board approval is requested by the Butte County Department of Behavioral Health for an agreement with California State University, San Francisco, to provide students with a clinical setting for fieldwork experience. The term of the agreement begins July 1, 1999, and will be automatically renewed each year. No revenues or expenditures are associated with this agreement - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APFROVAL OF COUNTY COUNSEL. 28. California State University, Chico - Nursing Fieldwork Experience Agreement - Board approval is requested by the Butte County Department of Behavioral Health for an agreement with California State University, Chico, to provide students with a clinical setting for fieldwork experience. The term of the agreement is July 1, 1999, through June 30, 2009. No revenues or expenditures are associated with this agreement - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. 29. State of California, Department of Alcohol and Drug Programs - Board approval is requested by the Butte County Department of Behavioral Health for an amendment to the revenue agreement with the State of California, Department of Alcohol and Drug Programs which decreases the revenue amount of the agreement by $58,678 in response to State revisions to county alcohol and drug program allocations. The term of the agreement remains July 1, 1999, through June 30, 2001 - action requested - ADOPT RESOLUTION 99-133 AUTHORIZING THE CHAIR TO SIGN AGREEMENT WITH THE STATE DEPARTMENT OF ALCOHOL AND DRUG PROGRAMS AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. R40074) Page 319 September 28, 1999 September 28, 1999 99-308 30. Right Road Recovery Program, Inc. - Amendment B - Board approval is requested by the Butte County Department of Behavioral Health for an amendment to the agreement with Right Road Recovery Program, Inc., for the provision of residential treatment services. The amendment includes a name change for the contractor from Tehama Recovery Center, Inc., to Right Road Recovery Program, Inc., and sets the daily rate maximum for treatment services at $64.00 per day, to a maximum of 586,343 (department budget). 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. X10699) 31. Right Road Recovery Program, Inc. - Drug Court Services - Amendment B - Board approval is requested by the Butte County Department of Behavioral Health for an amendment to the agreement with Right Road Recovery Program, Inc., for the provision of outpatient group and residential treatment programs in support of the Drug Court program. The amendment includes a name change for the contractor from Tehama Recovery Center, Inc., to Right Road Recovery Program, Inc., and increases the maximum amount payable by $9,720 {department budget) far an additional 151.88 residential treatment days. The term of the agreement is July 1, 1999, through June 30, 2000 - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X10930) 32. California Department of Mental Health - Projects for Assistance in Transition from Homelessness {PATH) Grant - Board approval is requested by the Butte County Department of Behavioral Health for a grant agreement with the California Department of Mental Health to accept $12,376 in PATH grant funds to continue the Representative Payee Program - action requested - APPROVE GRANT APPLICATION AND AUTHORIZE THE CHAIR TO SIGN DOCUMENTS RELATED TO THE GRANT; ADOPT RESOLUTION 99-134 AUTHORIZING SUBMISSION OF THE GRANT; AND ACCEPT GRANT FUNDS. (Contract No. R40168) Page 320 September 26, 1999 September 28, 1999 99-308 33. Parent Education Network, Inc. (PEN) - Chico Juvenile Crime Prevention Project First Offenders (Office of Child Abuse Prevention [OCAP]) Revenue Agreement - $oard approval is requested by the Butte County Department of Behavioral Health for a revenue agreement with PEN for the provision of comprehensive group, family, and individual counseling, tutoring, parenting education, and related support services in support of the Governor's Juvenile Crime Prevention Project. The term of the agreement is July 1, 7.999, through June 30, 2000, with a maximum amount payable to the County of $304,714 - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. 34. Substance Abuse and Mental Health Services Administration (SAMHSA) Block Grant - Board approval is requested by the Butte County Department of Behavioral Health for a grant agreement with SAMHSA for funds to provide integrated services to adults with serious mental illness and children who are emotionally disturbed. The term of the grant agreement is July 1, 1999, through June 30, 2000, with a grant award amount of $190,761 - action requested - APPROVE GRANT APPLICATION AND AUTHORIZE THE CHAIR TO SIGN DOCUMENTS RELATED TO THE GRANT; ADOPT RESOLUTION 99-135 AUTHORIZING ACCEPTANCE OF GRANT FUNDS AND PARTICIPATION IN THE GRANT PROGRAM; AND ACCEPT GRANT FUNDS. (Contract No. R40170} 35. Butte County Probation Department - Drug Court Memorandum of Understanding (MOU} - Amendment A - Board approval is requested by the Butte County Department of Behavioral Health for an MOU with the Probation Department for services in support of the Drug Court program. The amendment provides for continued staffing, urine testing, and the addition of a monthly contractors meeting. The term of the MOU remains April 1, 1998, through June 30, 2001, with a maximum amount of $55,443 for fiscal year 1999-2000 ($17,102-Drug Gourt Funds/538,340 Drug Court Partnership Funds) - action requested - APPROVE MOU AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X10941} 36. Software Automation, Inc. - Board approval is requested by the District Attorney for an amendment to the fiscal year 1996-1999 agreement with Software Automation, Inc., for the provision of computer system conversion support services. The amendment provides for an increase in the amount of $27,200 (department budget) to cover additional services required for the project, with all other terms and conditions remaining the same - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X11096} Page 321 September 28, 1999 Se~tembez 28, 1999 99-308 37. Software Automation, Inc. - Board approval is requested ~' by the District Attorney for a renewal agreement with Software Automation, Inc., for the provision of computer system conversion support services required to complete a conversion project. The term of the agreement is September 28, 1999, through June 30, 2000, with a maximum amount payable of $130,000 (department budget) - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X11409) 38. Long Beach Genetics - Board approval is requested by the District Attorney for an agreement with Long Beach Genetics for the provision of paternity testing services for child support cases in the Family Support Division. The term of the agreement is July i, 1999, through June 30, 2000, in an amount not to exceed $50,000 (department budget) - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X11251) 39. City of Oroville - Board approval is requested by the Fire Department far an agreement with the City of Oroville for the provision of dispatch services. The term of the agreement is July 6, 1999, through June 30, 2001. The County will provide dispatch services and the City will provide truck company services to all structure fires in the hydranted zones of the County within the City's sphere of influence - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. R40169) 40. Kitchell - Board approval is requested by the General Services Director for an agreement with Kitchell of Phoenix, Arizona, far construction management services for the new Juvenile Hall project. The agreement is in the amount of $470,000, with reimbursable expenses not to exceed $53,000. Funding for the agreement is not a direct grant related expense and will be paid by County funds as part of the required matching fund contribution for the grant - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. Page 322 September 28, 1999 September 28.,, 1999 99-308 41. KMD Justice - Board approval is requested by the General Services Director for an agreement with KMD Justice, a division of Kaplan McLaughlin Diaz (KMD), for the provision of professional architect and engineering services for construction of a new Juvenile Hall. The agreement is in the amount of $671,900, plus estimated reimbursable expenses in an amount not to exceed $40,000. Funding for the agreement is not a direct grant related expense and will be paid by County funds as part of the required matching fund contribution for the grant - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. 92. The Library Corporation of Research Park West Virginia - Board approval is requested by the Library for an agreement with The Library Corporation of Research Park West Virginia for the provision of computer conversion services for the libraries, to convert their DOS based systems to a year 2000 compliant Windows NT system. The term of the agreement is October 1, 1999, through October 1, 2002, with a maximum amount payable of $116,391 (department budget} - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X11415) 93. Private lndustry Council (PIC) - Job Training Partnership Act (JTPA) Title IIA/C - B~/50~ Cooperative Agreement and 80/30 Cooperative Agreement -- Board approval is requested by PIC for two agreements with the California Department of Education to receive 50~ and 30$ of an 8°s set-aside of JTPA grant funds to provide vocational and remedial. training and education to Temporary Assistance to Needy Families (TANF} recipients, and school-to-career activities - action requested - APPROVE COOPERATIVE AGREEMENTS AND AUTHORIZE THE CHAIR TO SIGN. Page 323 September 28, 1599 September 28. 1999 9930$ 44. Superior Court, County of Butte - Board approval is requested by the Sheriff's Office for an agreement with the Superior Court, County of Butte, for the provision of court security. The agreement provides for the addition of one Sheriff's Sergeant position - action requested: A. APPROVE AGREEMENT AND AUTHORIZE THE SHERIFF TO SIGN; AND B. Introduction of a Salary Ordinance Amendment - the Superior Court, County of Butte, has requested the Personnel Department prepare a salary ordinance amendment which adds one position of Sheriff's Sergeant in support of the Superior Court Security Services Agreement - action requested - WAIVE READING OF THE ORDINANCE. 45. Northern Valley Catholic Social Services - Board approval is requested by the Welfare Department for an agreement with Northern Valley Catholic Sacial Services for the provision of counseling and assessment services to Children's Services clients. The term of the agreement is July 1, 1999, through June 30, 2b01, with a maximum amount payable of $75,000 (department budget) per fiscal year - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHATR TO SIGN. (Contract No. X11399) 46. Glenn County Human Resources Agency - Board approval is requested by the Welfare Department for an agreement with the Glenn County Human Resources Agency for the provision of computer training necessary for social work staff in Child Welfare Services. Butte County has received a State allocation of $66,137 to provide training, and Board approval is requested on a budget transfer accepting and allocating unanticipated revenue for that training - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN; AND APPROVE BUDGET TRANSFER B-031 (4/5 vote required) ACCEPTING AND APPROPRIATING UNANTICIPATED REVENUE. (Contract No. X11414) 47. Private Industry Council (PIC) - Amendment No. 1 - Board approval is requested by the welfare Department for an amendment to the agreement with the PIC to provide employment services, and job and community services development to Ca1WORKs participants. The amendment extends the term of the agreement to October 31, 1999, and provides a maximum amount payable of $249,334 (department budget) for the extension period - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X10904) Page 324 September 28, 1999 September 28, 1999 99-308 98. Superior Court, County of Butte - Memorandum of Understanding {MOU) - Board approval is requested by the Welfare Department for an MOU with the Superior Court, County of Butte for the provision of Court Coordinator Services for Ca1WORKs clients. The MOU allows for two positions within the Courts to be funded with Ca1WORKs funds. The term of the MOU is July 1, 1999, through June 30, 2001, with a maximum amount payable of $113,585 per year {department budget/Ca1WORKs funds) - action requested - APPROVE MEMORANDUM OF UNDERSTANDING AND AUTHORIZE THE CHATR TO SIGN. {Contract No. X11410) 49. Valley Oak Children's Services - Stage Two Child Care - Amendments to Fiscal Year 1998-1999 and 1999-2000 Agreements - Baard approval is requested by the Welfare Department for amendments to the agreements with Valley Oak Children's Services for the provision of child care services in support of the CalWORKS program. The amendment for fiscal year 1998-1999 reduces the amount payable by $1,647,442 based on actual expenditures. The amendment for fiscal year 1999-2000 reduces the maximum amount payable by $83,894. Board approval is also requested to unencumber the reduction amounts ($1,647,442 for FY 1998-99/$83,894 for FY 1999-00} to the 570-006, 536.900 budget account - action requested - APPROVE AGREEMENT AMENDMENTS AND AUTHORIZE THE CHAIR TO SIGN. (Contract Nos. X11169 and X11266) 50. Ratification of Amended By-Laws for the Butte County Animal Control Advisory Board - Board approval is requested to ratify amended by-laws for the Animal Control Advisory Board. The amendments will allow the Board to appoint an alternate public member to increase the likelihood of a quorum, and provides for flexibility in meeting sites to reduce conflicts that occur when only one meeting site is designated - action requested - RATIFY AMENDED BY-LAWS AND AUTHORIZE THE CHAIR TO SIGN. (125) MOTION: I MOVE TO APPROVE THE CONSENT AGENDA WITH BUDGET TRANSFER B-030 (ADMINISTRATION), AND ITEMS 3.20, 3.29, 3.3$ AND 3.53 REMOVED FROM THE AGENDA, AND ITEM 3.40 AMENDED TO READ, "THE TERM OF THE AGREEMENT IS JULY 1, 1999, THROUGH..." M S VOTE: l Y 2 Y 3 Y 9 Y 5 Y (Unanimously Carried) Page 325 September 28, 1999 Se tember 28 1999 Regular Acrenda 99-309 Appointments - Commissions and Committees {145) A. Appointments to committee vacancies. MOTION: I MOVE TO APPOINT MIKE MCENESPY AS DISTRICT 5 REPRESENTATIVE TO THE WATER COMMISSION, ANp CRAIG BOLDER TO THE TECHNICAL ADVISORY COMMTTTEE. S M VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) 99-310 Update on legislative and budget activities. (183) JOHN 5. BLACKLQCK, CHIEF ADMINISTRATIVE OFFICER UPDATES THE BOARD ON FEDERAL TOBACCO TAX SETTLEMENT FUNDS, THE STATUS OF LEGISLATION THAT WILL REMOVE THE FAMILY SUPPORT DIVISION FROM THE DISTRICT ATTORNEY'S OFFICE AND CREATE A SEPARATE DEPARTMENT, AND SB 767, REGARDING FUNDING FOR THE ROCK CREEK/KEEPER SLOUGH FLOOD CONTROL PROJECT. 99-311 Resolution of Recognition and Commendation - consideration of a resolution recognizing and commending Butte County Firefighters and the forty-nine other agencies which assisted the County during the recent fire emergency - action requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (320) ~' PRESENTATION TO THE BOARD BY COUNTY FIRE CHIEF WILLIAM SAGER. MOTION: I MOVE TO ADOPT RESOLUTION 99-135 AND AUTHORIZE THE CHAIR TO SIGN. S M VOTE: 1 Y 2 Y 3 Y 4 X 5 Y (Unanimously Carried} PRESENTATION OF RESOLUTION T4 CHIEF SAGER BY CHAIR DOLAN. THE BOARD EXPRESSED ITS APPRECIATION TO COUNTY FIRE FIGHTERS AND ALL AGENCIES WHICH ASSISTED THE COUNTY DURING THE FIRE EMERGENCY. PRESENTATION OF A STATE RESOLUTION TO THE FIRE DEPARTMENT BY LISA DILAB00, ON BEHALF OF ASSEMBLYMAN SAM AANESTAD'S 99-312 Memorial Hall Rental Rates - consideration of a resolution which would set Memorial Hall Rental Rates for the five facilities in the County - action requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (1472) MOTION: I MOVE TO ADOPT RESOLUTION 99-137, AS AMENDED TO INCLUDE THE RATE SCHEDULE PRESENTED BY THE PARADISE MEMORIAL HALL COMMITTEE AS THE RATE SCHEDULE FOR THE PARADISE MEMORIAL HALL, ---, WITH THE INCLUSION OF A $30 FEE FOR BINGO NIGHTS FOR THE PARADISE HALL, AND AUTHORIZE THE CHAIR TO SIGN. S M VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) Page 326 September 28, 1999 September .2.8,, 1999 Public Hearin and Timed Items 99-313 Continued Public Hearing - Roger Green - consideration of an appeal of the Planning Commission's approval of a reclamation plan for the County of Butte - action requested - CONTINUE HEARING OPEN TO NOVEMBER 23, 1999, AT 10:00 A,M. (FROM 7-27- 99) (1845) PUBLIC HEARING RECONVENED AT 10:03 A.M. AND CONTINUED OPEN TO NOVEMBER 23, 1999, AT 10:00 A.M. RECESS: 10:03 A.M. RECONVENE: 10:15 A,M, Reaular Agenda 99-314 Report to the Board - Fiscal Year 1998-1999 Departmental Savings/Losses Report - analysis of County operating departments and Internal Service Fund net savings or losses which impacted local general purpose funds in fiscal year 1998-1999. (1874) PRESENTATION TO THE BOARD BY DAVID HOUSER, AUDITOR-CONTROLLER. Page 327 September 28, 1999 September 28, 1999 Public Hearing and Timed Items 99-315 Public Bid Opening - Sale of Surplus Real Property - Excess Right-of-Way - public bid for the sale of a 4.7 +/- acre strip of land located between the north right-of-way line of Kusel Road and the south right-of-way line of Ophir Road. The minimum bid amount is $17,000 - action requested: A. REQUEST ALL PERSONS INTERESTED IN BIDDING ON THE PROPERTY SUBMIT THEIR WRITTEN BIDS; B. DIRECT STAFF TO OPEN BIDS AND REPORT RESULTS; C. PURSUANT TO GOVERNMENT CODE SECTION 25531, ACCEPT ORAL BIDS STARTING AT 5$ ABOVE THE HIGHEST WRITTEN BID; AND D. AFTER HIGHEST BIDDER HAS BEEN DETERMINED, AWARD THE SALE OF THE PROPERTY TO BIDDER AND REFER MATTER TO THE GENERAL SERVICES DIRECTOR FOR PAYMENT AND DEED PREPARATION. (FROM 8-10-99) {2593) MIKE PYEATT, GENERAL SERVICES DIRECTOR, INFORMS THE BOARD THAT ONE WRITTEN BID HAS BEEN RECEIVED. PUBLIG HEARING OPENED: 10:32 A.M. CHAIR DOLAN REQUESTS THAT ALL WRITTEN BIDS BE SUBMITTED. NO ADDITIONAL BIDS RECEIVED. STAFF OPENS WRITTEN BID; JAMES W. BANFORD SUBMITS BID IN THE AMOUNT OF $17,000. CHAIR DOLAN REQUESTS ORAL BIDS. NO ORAL BIDS RECEIVED. PUBLIC HEARING CLOSED: 10:33 A.M. MOTION: I MOVE ACCEPT THE BID AND AWARD THE SALE OF THE PROPERTY TO JAMES W. BANFORD, SUBJECT TO PAYMENT OF FEES, AND TO REFER THIS MATTER TO THE GENERAL SERVICES DIRECTOR FOR PAYMENT AND DEED PREPARATION. S M VOTE: 1 Y 2 Y 3 Y 9 Y 5 Y {Unanimously Carried) Page 328 September 28, 1999 Se tember 28 1999 99-316 Public Hearing -- Community Development Block Grant {CDBG) Planning and Technical Assistance Grant - consideration of an application to the State of California, Department of Housing and Community Development far a $35, 000 Planning and Technical Assistance Grant to be utilized to perform a Business and Retention/Expansion Analysis {$20,000} and a Foreign Trade Zone Feasibility Study {$15,000} - action requested - ADOPT RESOLUTION APPROVING APPLICATION FOR FUNDING AND AUTHORIZE THE CHAIR TO SIGN; APPROVE THE EXECUTION OF A GRANT AGREEMENT AND AUTHORIZE THE CHAIR OR THE CHIEF ADMINISTRATIVE OFFICER TO SIGN; AND AUTHORIZE THE USE OF $1,050 IN CDBG PROGRAM INCOME FUNDS. (2766}{**00) PUBLIC HEARING OPENED: 10:94 A,M. PUBLIC HEARING CLOSED: 10:94 A.M. MOTION: I MOVE TO ADOPT RESOLUTION 99-138 APPROVING APPLICATION FOR FUNDING AND AUTHORIZE THE CHAIR TO SIGN; APPROVE THE EXECUTION OF A GRANT AGREEMENT AND AUTHORIZE THE CHAIR OR THE CHIEF ADMINISTRATIVE OFFICER TO SIGN; AND AUTHORIZE THE USE OF $1,050 iN CDBG PROGRAM INCOME FUNDS. M S VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) Page 329 September 28, 1999 September 28,,,,-1999 99-317 Public Hearing - Flexible Lot Size Provisions -- consideration of an amendment to the Butte County General Plan and Zoning Ordinance to add sections for Flexible Lot Size provisions. The changes to the code are designed to enable more creative subdivision design and avoid sensitive or hazardous building sites. The Flexible Lot Size provisions will not limit a property owner to a strict minimum lot size when dividing property, instead it will allow several different options: varying lot sizes, clustering of lots, and the use of common areas. Implementation of this proposal will require the addition of policies to the Butte County General Plan Land Use Element as well as the addition of definitions and a new section to Chapter 24 of the Butte County Cade - action requested: A. SUBJECT TO FINDINGS I (A AND B} AS DETAILED IN THE STAFF REPORT DATED SEPTEMBER 28, 1999, ADOPT A NEGATIVE DECLARATION AND AUTHORIZE THE CHAIR TO SIGN; B. SUBJECT TO FINDINGS II (A 1-4) AS DETAILED IN THE STAFF REPORT DATED SEPTEMBER 28, 1999, ADOPT A RESOLUTION AMENDING THE GENERAL PLAN LAND USE ELEMENT TO INCLUDE PROVISIONS AND POLICIES FOR FLEXIBLE LOT SIZES AS STATED IN ATTACHMENT "C" OF THE STAFF REPORT DATED SEPTEMBER 28, 1999, AND AUTHORIZE THE CHAIR TO SIGN; AND C. SUBJECT TO FINDING III {A) AS DETAILED IN THE STAFF REPORT DATED SEPTEMBER 28, 1999, ADOPT AN ORDINANCE AMENDING CHAPTER 24 OF THE BUTTE COUNTY CODE, ADOPTING A DEFINITION OF DENSITY AND FLEXIBLE LOT SIZE REQUIREMENTS FOR THE VARIOUS ZONES AS STATED IN ATTACHMENT "E" TO THE STAFF REPORT DATED SEPTEMBER 26, 1999, AND AUTHORIZE THE CHAIR TO SIGN. (**132) PUBLIC HEARING OPENED: 11:01 A.M. PUBLIC HEARING CLOSED: 11:18 A.M. MOTION: I MOVE FOR A MOTION OF INTENT TO APPROVE THE FLEXIBLE LOT SIZE PROVISIONS AS AMENDED TO EXCLUDE OF THE FLEXIBLE LOT SIZE PROVISIONS IN THE WATER PROTECTION ZONES, AND DIRECT STAFF TO PREPARE THE REQUIRED DOCUMENTS FOR BOARD APPROVAL. S M VOTE: 1 N 2 Y 3 Y 9 Y 5 Y {Motion Carried) Page 330 September 28, 1999 September 28,E 1999 99-318 Public Hearing - Annual County Service Area (CSA) Charges - consideration of the per parcel service charges for various CSAs for fiscal year 1999-2000 - action requested - OPEN PUBLIC HEARING TO ACCEPT ALL OBJECTIONS OR PROTESTS; CLOSE HEARING; ADOPT RESOLUTION CONFIRMING SERVICE CHARGES IN THE COUNTY OF BUTTE FOR FISCAL YEAR 1999-2000. (**1202) PUBLIC HEARING OPENED: 11:26 A.M. NO OBJECTIONS OR PROTESTS RECEIVED. PUBLIC HEARING CLOSED: 11:33 A.M. MOTION: I MOVE TO A~7OPT RESOLUTION 99-139 CONFIRMTNG SERVICES CHARGES IN THE COUNTY OF BUTTE FOR FISCAL YEAR 1999-2000. M S VOTE: l Y 2 Y 3 Y 4 X 5 Y (Unanimously Carried) Page 331 September 28, 1999 September 28, 1999 99-319 Public Hearing - Tibor Reszneki, Kyle Hypes, and Frank ~' Konrad - Rezone 99-03 - consideration of a rezone from AR-2.5 (Agricultural Residential-2.5 acre parcels) to AR-1 (Agricultural Residential-1 acre parcels} on two parcels totaling 18.48 acres. The property is located south of the Town of Paradise, at Lindenbaum Lane and Pentz Road, approximately ~ mile north of the Pentz Road/Kunkle Reservoir Road intersection, Paradise area, APN 055-310-010 and 055-310- 011 (Fi1.e # REZ 99-03 [DB]) - action requested: A. SUBJECT TO FINDINGS I {A AND B} AS DETAILED IN THE STAFF REPORT DATED SEPTEMBER 28, 1999, ADOPT A MITIGATED NEGATIVE DECLARATION; B. DETERMINE THAT THE PROJECT WILL HAVE AN IMPACT TO FISH AND/OR WILDLIFE HABITAT AND DIRECT THE PAYMENT OF DEPARTMENT OF FISH AND GAMES FEES PURSUANT TO FISH AND GAME CODE SECTION 711.4(4}(3) AND 14 CCR 753.5; C. ADOPT AN ORDINANCE REZONING PROPERTY IDENTIFIED AS APN 055-310-010 055-310-011, REZ 99-03, FOR TIBOR RESZNEKI, KYLE HYPES, AND FRANK KONRAD TO AR-1 (AGRICULTURAL RESIDENTIAL - 1 ACRE PARCELS); AND D. SUBJECT TO FINDINGS IV (1 AND 2} AS DETAILED IN THE STAFF REPORT DATED SEPTEMBER 2$, 1999, ADOPT A RESOLUTION APPROVING THE CONDITIONAL ZONING AGREEMENT IDENTIFIED AS ATTACHMENT "A" TO THE STAFF REPORT DATED SEPTEMBER 28, 1999, AND AUTHORIZE THE CHAIR TO SIGN. {**1545) PUBLIC HEARING OPENED: 11:38 A.M. PUBLIC HEARING CLOSED: 11:41 A.M. MOTION: I MOVE, SUBJECT TO FINDINGS I (A AND B) A5 DETAILED IN THE STAFF REPORT DATED SEPTEMBER 2B, 1999, TO ADOPT A MITIGATED NEGATIVE DECLARATION; TO DETERMINE THAT THE PROJECT WILL HAVE AN IMPACT TO FISH AND/OR WILDLIFE HABITAT AND DIRECT THE PAYMENT OF DEPARTMENT OF FISH AND GAMES FEES PURSUANT TO FISH AND GAME CODE SECTION 711.4(4}(3} AND 14 CCR 753.5; TO ADOPT ORDINANCE 3556 REZONING PROPERTY IDENTIFIED AS APN 055-310-010 055-310-011, REZ 99-03, FOR TIBOR RESZNEKI, KYLE HYPES, AND FRANK KONRAD T4 AR-1 {AGRICULTURAL RESIDENTIAL - 1 ACRE PARCELS); AND SUBJECT TO FINDINGS IV (1 AND 2} AS DETAILED IN THE STAFF REPORT DATED SEPTEMBER 28, 1999, ADOPT RESOLUTION 99-140 APPROVING THE CONDITIONAL ZONING AGREEMENT IDENTIFIED AS ATTACHMENT "A" TO THE STAFF REPORT DATED SEPTEMBER 28, 1999, AND AUTHORIZE THE CHAIR TO SIGN. S M VOTE: 1 Y 2 N 3 Y 4 Y 5 Y (Motion Carried} .~. RECESS: 11:44 A.M. RECONVENE: 11:54 A.M. Page 332 September 28, 1999 Se tember 28 1999 Regular Agenda 99-320 Year 2000 (Y2 K) Compliance Update - report to the Board on the status of County operating systems and embedded chip inventory and introduction of Y2K staffing recommendations - action requested - ACCEPT FOR INFORMATION. (**1872) PRESENTATION TO THE BOARD BY BOB BARNES, INFORMATION SYSTEMS DIRECTOR. 99-321 A Matter an Which a Public Hearing Has Been Held and a Motion of Intent Adopted - Lime Saddle Community Services District Dissolution - action requested: A. ACCEPT THE COUNTY CLERK'S DETERMINATION OF THE VALUE OF THE VALID PROTESTS SUBMITTED AND NOT WITHDRAWN; AND B. ADOPT A RESOLUTION OF THE SUPERVISORS OF THE COUNTY OF BUTTE ORDERING THE DISSOLUTION OF THE LIME SADDLE COMMUNITY SERVICES DISTRICT SUBJECT TO CONFIRMATION OF THE VOTERS. (FROM 9-14-99)(**2770)(***00) MOTION: I MOVE TO AGGEPT THE COUNTY CLERK'S DETERMINATION OF THE VALUE OF THE VALID PROTESTS SUBMITTED AND NOT WITHDRAWN; AND TO ADOPT RESOLUTION 99-141 ORDERING THE DISSOLUTION OF THE LIME SADDLE COMMUNITY SERVICES DISTRICT SUBJECT TO CONFIRMATION OF THE VOTERS, AS AMENDED TO REVISE THE LANGUAGE IN PARAGRAPH 12 TO READ, "THE BOARD OF SUPERVISORS FURTHER ADOPTS AND INCORPORATES BY REFERENCE HEREIN ALL THE FINDINGS AND DETERMINATIONS MADE BY THE BUTTE COUNTY LAFCO AND RESOLUTION 29 1998/99 IN CONNECTION WITH THIS PROPOSAL, PROVIDED HOWEVER, THAT THE BOARD MAKES NO FINDING OR DETERMINATION REGARDING NON-USE OF CORPORATE POWERS OF THE DISTRICT." AND AUTHORIZE THE CHAIR TO SIGN. M S VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) Page 333 September 28, 1999 September, 2,~_,, 1999 99-322 Items removed from the Consent Agenda for Board consideration '-' and action. (***161) Budget Transfers - action requested - APPROVE BUDGET TRANSFER B-030 (ADMINISTRATION [9/5 vote required]). ITEM REMOVED FROM THE AGENDA; NO ACTION TAKEN. Award of Bid - Installation of Storm Drainage Facilities Along Oroville Chico Highway from 0.7 Miles East of Midway to Butte Creek - County Project No. 98253-95-1 - the project is necessary to improve drainage along Oroville Chico Highway due to flood waters that sheetflow from the north. A portion of the project is funded through a grant from the Federal Emergency Management Agency Hazard Mitigation Grant Program - action requested - AWARD CONTRACT TO LOWEST RESPONSIBLE BIDDER AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. MOTION: I MOVE TO AWARD THE CONTRACT TO ESCHEMAN CONSTRUCTION IN THE AMOUNT OF $319,069, AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND AUDITOR-CONTROLLER. S M VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) SUPERVISOR HOUX NOT PRESENT Fraser & Associates - Board approval is requested by the Administrative Office for an agreement with Fraser & Associates for the provision of financial consulting services relating to redevelopment issues. The term of the agreement is ongoing, but may be terminated by either party upon 30 days written notice - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. MOTION: I MOVE TO APPROVE THE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR- CONTROLLER. S M VOTE: 1 Y 2 Y 3 NF 9 Y 5 Y (Motion Carried) SUPERVISOR HOUX PRESENT Page 334 September 28, 1999 September 28. 1999 99-322 Randy Chafin - Amendment No. 3 - Board approval is requested by the Development Services Department for an amendment to the agreement with Randy Chafin for the provision of consulting services for long range planning projects for the County. The amendment increases the maximum amount payable by $10,000 (department budget} to cover services through completion of the projects. All other terms and provisions remain the same -- action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN. {Contract No. X10872) MOTION: I MOVE TO APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN. M S VOTE: l Y 2 Y 3 Y A Y 5 Y (Unanimously Carried) 1998-1.999 Grand Jury Final Report - action requested - ADOPT THE BOARD OF SUPERVISORS' RESPONSE TO THE 1998-1999 GRAND JURY FINAL REPORT AND AUTHORIZE THE CHAIR TO SIGN. MOTION: I MOVE TO ADOPT THE BOARD OF SUPERVISORS' RESPONSE TO THE 1998-1999 GRAND JURY FINAL REPORT A5 AMENDED TO REVTSE THE RESPONSE CONCERNING THE COUNTY CLERK-RECORDER'S OFFICE LOCATED ON PAGE FOUR TO READ, "THE COUNTY CLERK-RECORDER HAS ADVISED THAT MEASURES HAVE BEEN TAKEN TO ADDRESS THE RECOMMENDATIONS OF THE GRAND JURY. THE BOARD ENCOURAGES THE ELECTIONS OFFICE TO CONTINUE ITS EFFORTS TO SAFE GUARD BALLOTS BOTH PRIOR AND SUBSEQUENT TO INITIAL COUNTS." AND AUTHORIZE THE CHAIR TO SIGN. M S VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) 99-323 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 NQT LISTED ON THE AGENDA.} (***556} 1. Jean Crist brings to the Board's attention an article in the Paradise Post stating the Town of Paradise is looking at annexing property to the Town to protect it from the County, in response to a land clearing incident which occurred on the Skyway. RECESS: 12:49 A.M. RECONVENE: 1:00 A.M. Page 335 September 28, 1999 September 28, 1999 99-324 CLOSED SESSION: The Board recessed 1:00 p.m. to a closed session conference with legal counsel regarding actual litigation pursuant to Government Code Section 54956.9{a): Jones v. Butte County (Consent Decree). Conference with legal counsel regarding initiation of litigation pursuant to Government Code Section 54956.9(c) one potential case. Public employee performance evaluations pursuant to Government Code Section 54957: Director-Development Services, and Director - Public Works; 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}. (***776) RECONVENE: The Board reconvened at 3:39 p.m. from a closed session conference with legal counsel regarding actual litigation pursuant to .~. Government Code Section 54956.9(a): Jones v. Butte County (Consent Decree). Conference with legal counsel regarding initiation of litigation pursuant to Government Code Section 54956.9(c): one potential case. Public employee performance evaluations pursuant to Government Code Section 54957: Director-Development Services, and Director - Public Works, 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} Page 336 September 28, 1999 September 28. 1999 Communications 99-325 Communicatians received and referred. (COPIES OF ALL COMMUNICATIONS ARE AVAILABLE IN THE CLERK OF THE BOARD OFFICE.y 1. Wally Herger, United States Representative, 2"d District, California, writes to the Board to request information on the cumulative impacts of the recent fires in our community. (REFERRED TO CHIEF ADMINISTRATIVE OFFICER, EMERGENCY SERVICES OFFICER, AND AIR QUALITY MANAGEMENT DISTRICT [9-21-991? ADJOURNMENT: There being no further business before the Board, the meeting was adjourned at 3:39 p.m. to reconvened at a regular meeting of the Board on Tuesday, October 12, 1999, at 9:00 a.m. JANE DOLAN, Chair ATTEST: John S. Blacklock, Chief Administrative Officer and Clerk of.~the B and of Supervisors Page 337 September 28, 1999