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HomeMy WebLinkAboutM101497October 14. 1997 97-312 2. Budget transfers - action requested - APPROVE BUDGET TRANSFERS B-040 (EMERGENCY SHELTER PROGRAM), B-043 (CSA 158 [ISHI VALLEY ESTATES]), B-044 (CSA 169 [PHEASANT LANDING]), AND B-046 (FIRE DEPARTMENT/COMMUNITY COST SHARE TRUST FUND.) 3. Dr. Joseph A. Chiapella, M.D. - abandonment of a public utilities easement, a portion of AP 011-320-012, property located on lots 6 and 7 of Castle Rock Subdivision, Chico - action requested - ADOPT RESOLUTION 97-130 SETTING A PUBLIC HEARING FOR MONDAY, NOVEMBER 10, 1997 AT 10:00 A.M. 4. L. E. Kirby - abandonment of a public right-of-way in the Wyandotte area, known as a portion of Foothill Boulevard, Oroville - action requested - ADOPT RESOLUTION 97-131 SETTING A PUBLIC HEARING FOR MONDAY, NOVEMBER 10, 1997 AT 10:00 A.M. 5. Vance Link - abandonment of a public right-of-way in the Berry Creek area, known as a portion of Aird Circle (formerly Oroville Quincy Highway) - action requested - ADOPT RESOLUTION 97-132 SETTING A PUBLIC HEARING FOR MONDAY, NOVEMBER 10, 1997 AT 10:00 A.M. 6. Ken and Joyce Weld - abandonment of a public utilities easement, a portion of AP 069-190-035, property located on lot 35, Kelly Ridge Estates, Unit 3, Oroville - action requested - ADOPT RESOLUTION 97-133 SETTING A PUBLIC HEARING FOR MONDAY, NOVEMBER 10, 1997 AT 10:00 A.M. 7. County Library donations - in accordance with Government Code Section 25455, donations of $3,000 from Gridley Friends of the Library, $1,710 from Chico Friends of the Library, and $200 from Chico Area Flyfishers, Inc. have been received for the Butte County Trust Fund for the purchase of books - action requested - ACCEPT DONATIONS AND AUTHORIZE LETTERS OF APPRECIATION. 8. AIDS Task Force - action requested - APPOINT PATRICIA A. LEMKE. 9. Fire Department - conveyance of County property - Board authorization is requested for the donation of fire engine no. 92, a 1971 International Fire Engine (County vehicle no. 339, asset no. 009532, license no. 581920, vin no. 2267110071343) to the Butte College Fire Science Academy. This engine is no longer suitable for active Fire Department use, but will be a valuable Academy training tool - action requested - AUTHORIZE CONVEYANCE OF COUNTY PROPERTY PURSUANT TO GOVERNMENT CODE SECTION 25365. (FROM 9-16-97) 10. Resolution Approving Policy of Purchasing Used Vehicles From Other Government Agencies - action requested - ADOPT RESOLUTION 97-134 AND AUTHORIZE THE CHAIR TO SIGN. Page 259 October 14, 1997 October 14, 1997 97-312 11. Contract change orders (CCO)- Recorder/Elections Remodel Project - five change orders have been prepared for the project as follows: CCO No. 1, in the increasing amount of $571 provides for the installation of Batt insulation; CCO No. 2, in the increasing amount of $2,149, covers detail design modifications and changes to project cabinets; CCO No. 3, in the decreasing amount of $255, is for eliminating stripping and polishing of resilient flooring; CCO No. 4, in the increasing amount of $2,907, provides for painting of various window-walls not included in the bid specifications; and CCO No. 5, in the increasing amount of $75, covers lowering of the T-bar ceiling in one area in order to accommodate a light fixture. The total amount of the change orders is $5,447 which will be covered by project contingency funds - action requested - APPROVE CHANGE ORDERS AND AUTHORIZE THE GENERAL SERVICES DIRECTOR TO SIGN. 12. Award of bid no. 27-98 - reroof of Administration Building - bids have been opened for reroofing the east building of the Administration Building complex with the low bidder being Butte Roofing Company of Chico in the amount of $21,420 - action requested - AWARD BID. 13. Award of bid no. 28-98 - reroof of 7 County Center Drive Building - bids have been opened for reroofing of 7 County Center Drive with the low bidder being Butte Roofing Company of Chico in the amount of 519,404 - action requested - APPROVE BUDGET TRANSFER B-045 AND AWARD BID. 14. Award of bid no. 32-98 - 12-ton vibratory roller - bids have been opened for the purchase of a 12-ton vibratory roller for the Public Works Department with the low bidder meeting specifications being Ingersoll-Rand Equipment Sales of Sacramento in the amount of $103,560.60 - action requested - AWARD BID. 15. Award of bid no. 34-98 - one-ton dump truck - bids have been opened for the purchase of a one-ton dump truck for General Services - Buildings and Grounds Maintenance with the low bidder being Lasher Auto Center, Woodland, CA in the amount of $27,363.54 - action requested - AWARD BID. 16. Public Works - Board authorization is requested to purchase a desk/computer workstation for use by the Department's Solid Waste Division to replace a desk that has inadequate space and is not ergonomically correct. The cost of the workstation is not to exceed $1,500.00 (Neal Road Landfill Management Fund/Fixed Asset Savings) - action requested - APPROVE PURCHASE OF FIXED ASSET ITEM. Page 260 October 14, 1997 October 14, 1997 97-312 17. Sheriff-Coroner - Board authorization is requested to exchange with Firearms for Law Enforcement of Arroyo Grande, CA the 39 surplus weapons and weapons of many different manufacturers now used by deputies in the field for 25 standard Ruger Mini-14 caliber .223 rifles. These weapons will be subject to both inspection and acceptance by the Sheriff's Department - action requested - AUTHORIZE SOLE SOURCE EXCHANGE OF FIXED ASSET EQUIPMENT. 16. County Libraries - Soroptimist International of Chico, Inc. has donated $4,750 in support of Saturday hours at the Chico Branch Library for books and operation - action requested - APPROVE BUDGET TRANSFER B-047 ACCEPTING AND APPROPRIATING UNANTICIPATED REVENUE, APPROVE LETTER OF APPRECIATION AND AUTHORIZE THE CHAIR TO SIGN. 19. District Attorney - Child Abduction Unit - the Custody of Minors Act of 1976 mandates the District Attorney to locate and return abducted children and enforce custody and visitation orders. As a State mandate the costs incurred are fully recoverable from the State of California - action requested - APPROVE BUDGET TRANSFER B-041 ACCEPTING AND APPROPRIATING $69,216 IN UNANTICIPATED REVENUE; DIRECT THE DIRECTOR-PERSONNEL TO PREPARE A SALARY ORDINANCE AMENDMENT ADDING ONE POSITION OF INVESTIGATOR AND ONE POSITION OF LEGAL SECRETARY; AND APPROVE PURCHASE OF TWO DESKS ($700 EACH), TWO PERSONAL COMPUTERS ($1,800 EACH), AND ONE POLICE RADIO ($1,800). 20. Public Health Department - Perinatal Outreach Program - the department has received notification from the State Department of Health Services indicating that $58,160 in new funding is available to cover the expense ($36,663) of providing Perinatal outreach and education services to high risk women of childbearing age. In order to implement this program a one-half time Public Health Nurse III, II, I regular help position is requested (100 State) - action requested - APPROVE BUDGET TRANSFER B-046 ACCEPTING AND APPROPRIATING UNANTICIPATED REVENUE, AND DIRECT THE DIRECTOR-PERSONNEL TO PREPARE THE APPROPRIATE SALARY ORDINANCE AMENDMENT. 21. County/City of Chico Redevelopment Agency {RDA) - Board approval is requested for the use of $9,500.00 from Community Development Block Grant (CDBG) Program Income (Fund 143) to supplement the RDA budget for purchase of the McKinney property adjacent to the Chapman Elementary School in Chapmantown - action requested - APPROVE USE OF $9,500.00 IN PROGRAM INCOME AS REQUESTED. 22. Adoption of an Ordinance Amending Sections 21-102(a), 21-103(a), 21-104 (a) and 21-105(a) of the Butte County Code Entitled "Utility User Tax" - action requested - ADOPT ORDINANCE 3356 AND AUTHORIZE THE CHAIR TO SIGN. (FROM 9-23-97) Page 261 October 14,1997 October 14, 1997 97-312 23. Introduction of a salary ordinance amendment incorporating changes associated with recommendations contained within the proposed budget for fiscal year 1997-98 that were inadvertently omitted from the final salary ordinance and position allocation: Butte County Consolidated Courts: adds one position of Superior Court Judge; District Attorney-Family Support Division: deletes three positions of Senior Account Clerk or Account Clerk, and deletes two positions of Office Assistant III, II, I; Sheriff-Coroner-Operations: adds one position of Sheriff's Lieutenant (transferred from budget unit 360- 008); Sheriff-Coroner-Community Oriented Policing and Problem Solving (COPPS): deletes two positions of Deputy Sheriff; Sheriff-Coroner-Special Enforcement Unit: deletes one position of Sheriff's Lieutenant (position transferred to budget unit 360-002); Probation-Victim Witness Grant: deletes one position of Probation Officer II, I; and Development Services-Building Inspection: deletes one position of Building Plan Checker II, I or Building Inspector II, I or Plan Application Assistant; deletes two positions of Building Inspector II, I or Plan Application Assistant; deletes one position of Plan Application Assistant or Office Assistant III; and deletes one position of Office Assistant III, II, I - action requested - WAIVE READING OF THE ORDINANCE. 24. State purchasing contract - a resolution has been prepared to authorize the County to purchase supplies, materials, and equipment from State of California competitive bids pursuant to Public Contract Code Section 10324 - action requested - ADOPT RESOLUTION 97-135 AND AUTHORIZE THE CHAIR TO SIGN. 25. Resolution Proclaiming October 23-31, 1997 as Red Ribbon Week in Butte County - action requested - ADOPT RESOLUTION 97-136 AND AUTHORIZE THE CHAIR TO SIGN. 26. Notice of completion of work for storm damage repair of Stringtown Road, 2.1 miles from Hurleton Road, County Project No. 27625A-97-1 - all contract work has been completed in accordance with the plans and specifications - action requested - ACCEPT CONTRACT WORK; AUTHORIZE CHAIR TO SIGN THE NOTICE OF COMPLETION, AND AUTHORIZE RECORDING OF THE NOTICE OF COMPLETION. Page 262 October 14, 1997 October 14. 1997 97-312 27. Contract change order (CCO) no. 1 and notice of completion for storm damage repair of French Creek Road at various locations, County Project No. 49665A-97-1 - CCO no. 1, in the increasing amount of $27,331.00, provides for placing drains in unanticipated springs located during construction and placing additional aggregate base rock at the borrow area locations and various other sites not anticipated in the contract to require aggregate base, as original road bed conditions would not support necessary construction equipment. All contract work has been completed in accordance with the plans and specifications - action requested - APPROVE CCO NO. 1 AND AUTHORIZE THE CHAIR TO SIGN; AUTHORIZE CHAIR TO SIGN THE NOTICE OF COMPLETION, AND AUTHORIZE RECORDING OF THE NOTICE OF COMPLETION. 28. Contract change order (CCO) no. 1 and notice of completion for storm damage repair of Oroville Quincy Highway at various locations, County Project No. 27562- 97-1 - CCO No. 1 provides for elimination of item no. 7, trench underdrain (sum total decrease $2,339.10), and an increase in miscellaneous contract work (sum total increase $2,339.10), at no net change in contract cost. All contract work has been completed in accordance with the plans and specifications - action requested - APPROVE CCO NO. 1 AND AUTHORIZE THE CHAIR TO SIGN; AUTHORIZE CHAIR TO SIGN THE NOTICE OF COMPLETION, AND AUTHORIZE RECORDING OF THE NOTICE OF COMPLETION. 29. Contract change order (CCO) no. 1 for the construction of Lone Pine Avenue Bridge across Comanche Creek, Federal Bridge Replacement Project No. BRLO-5912(012), County Project No. 50175E-94-1 - CCO no. 1 provides for the following amendments to the contract: A. Eliminate item no. 1, temporary culvert, at a decrease in cost of $120.00; B. Eliminate item no. 18, Class B concrete slope paving, at a decrease in cost of $8,700.00; C. Construct rock slope protection in lieu of concrete slope paving at an increase in cost of $8,700.00; and D. Increase item no. 16, structural concrete bridge, at an increase of $6,817.00 (Total cost increase of $6,697.00/provided for under the contract appropriation) - action requested - APPROVE CCO NO. 1 AND AUTHORIZE THE CHAIR TO SIGN. 30. Program Supplement No. M003 - reimbursement of funds for qualified projects under Administering Agency-State Agreement No. 03-5912, modified November 29, 1995, for Federal-Aid Projects, requires execution of a program supplement to the master agreement. Program Supplement No. M003 provides for funding for reimbursement of construction costs for storm damage restoration on various County roads, Project No. ER3222(001) (Federal funds: $244,028; State/seismic: 0; Total: $244,028) - action requested - ADOPT RESOLUTION 97-13? AUTHORIZING EXECUTION OF PROGRAM SUPPLEMENT NO. M003 AND AUTHORIZE THE CHAIR TO SIGN. Page 263 October 14, 1997 October 14, 1997 97-312 31. Program Supplement No. M004 - reimbursement of funds for qualified projects under Administering Agency-State Agreement No. 03-5912, modified November 29, 1995, for Federal-Aid Projects, requires execution of a program supplement to the master agreement. Program Supplement No. M004 provides for funding for reimbursement of construction costs for storm debris clearance on the Skyway Bridge at Butte Creek, Project No. ER-3222(003) (Federal funds: $4,559; Local Matching: $81; Total: $4,640) - action requested - ADOPT RESOLUTION 97-138 AUTHORIZING EXECUTION OF PROGRAM SUPPLEMENT NO. M004 AND AUTHORIZE THE CHAIR TO SIGN. 32. Program Supplement No. M005 - reimbursement of funds for qualified projects under Administering Agency-State Agreement No. 03-5912, modified November 29, 1995, for Federal-Aid Projects, requires execution of a program supplement to the master agreement. Program Supplement No. M005 provides for funding for reimbursement of construction costs for storm damage restoration on East Gridley Road (from Hutchins Drive to 1.1 mile east), Project No. ER-3222(004) (Federal funds: $19,817; Local Matching: $733; Total: $20,550) - action requested - ADOPT RESOLUTION 97-139 AUTHORIZING EXECUTION OF PROGRAM SUPPLEMENT NO. M005 AND AUTHORIZE THE CHAIR TO SIGN. 33. Program Supplement No. M006 - reimbursement of funds for qualified projects under Administering Agency-State Agreement No. 03-5912, modified November 29, 1995, for Federal-Aid Projects, requires execution of a program supplement to the master agreement. Program Supplement No. M006 provides funding for reimbursement of preliminary engineering, construction engineering and construction costs for storm damage restoration on the Midway at Butte Creek, Project No. ER-3222(002) (Federal funds: $122,755; Local Matching: $5,919; Total: $128,674) - action requested - ADOPT RESOLUTION 97-140 AUTHORIZING EXECUTION OF PROGRAM SUPPLEMENT NO. M006 AND AUTHORIZE THE CHAIR TO SIGN. 34. Hyde, Miller, Owen and Trost, Attorneys at Law - proposed is an agreement for a term of one year from the date hereof for legal services as to redevelopment matters - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract no. X10754) Page 264 October 14, 199? October 14. 1997 97-312 35. State Office of Criminal Justice Planning (OCJP) - Drug Endangered Children Program - the District Attorney requests Board approval for the submission of a proposal to OCJP requesting funding for the Drug Endangered Children (DEC) Program for the period November 1, 1997 to October 31, 1998. OCJP offers $225,000 through this grant to enhance local government service delivery systems to intervene on behalf of children exposed to toxic chemicals used in the production of methamphetamine in the home environment - action requested - ADOPT RESOLUTION 97-140 AUTHORIZING DISTRICT ATTORNEY TO UNDERTAKE GRANT AWARD AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN, AND DIRECT THE DIRECTOR-PERSONNEL TO WORK WITH THE DISTRICT ATTORNEY IN THE PREPARATION OF A SALARY ORDINANCE AMENDMENT. 36. Constellation Justice Systems, New York - "DAMION" Program - proposed is a master software license agreement to cover the purchase of the "DAMION" Program as support for the Department's criminal prosecutions and investigations, and approved by the Board at its meeting of September 23, 1997 - action requested - APPROVE BUDGET TRANSFER B-042 REAPPROPRIATING FUNDS TO COVER THE PURCHASE, APPROVE AGREEMENT, AND AUTHORIZE THE CHAIR TO SIGN. (Contract no. X10774) 37. Danka Office Imaging - a maintenance service agreement has been prepared with Danka Office Imaging covering service to the second of two high speed Kodak 235AF duplicators in the Print Shop. The agreement, in the monthly amount of $1,050 ($12,600 annual cost/ISF cost distributed}, covers the period July 1, 1997 through June 30, 1999 - action requested - APPROVE AGREEMENT AND AUTHORIZE THE GENERAL SERVICES DIRECTOR TO SIGN. (Contract no. X10061) 38. Dianna Jackson - proposed is the second amendment to agreement for professional computer support services for the Information Systems Department which increases the maximum compensation from $9,900 to $15,000 (Department budget) in order to provide continued County network support - action requested - APPROVE SECOND AMENDMENT TO AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract no. X10616) 39. Glenn County/County of Butte - Glenn County Health Services (GCHS) wishes to continue contracting with Butte County Alcohol, Drug and Mental Health Services (BCADMHS) to provide "Acute Psychiatric Inpatient" care to residents of Glenn County who are referred for services by staff of GCHS at the BCADMHS Psychiatric Health Facility. The term of the contract is July 1, 1997 through June 30, 1998 in the maximum amount payable to Butte County of $80,000 (174 patient days) - action requested - APPROVE CONTRACT AND AUTHORIZE THE CHAIR TO SIGN. Page 265 October 14, 1997 October 14, 1997 97-312 40. California Department of Mental Health - proposed is the renewal application for the 1997-98 Substance Abuse and Mental Health Services Administration (S.A.M.H.S.A.) Block Grant administered by the California Department of Mental Health. The 1997-98 award of $140,761 to Butte County Alcohol, Drug, and Mental Health Services (BCADMHS) is to be used to provide integrated services to adults and older adults with serious mental illness and children who are emotionally disturbed - action requested - APPROVE THE GRANT APPLICATION, GRANT AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. 41. 1997-98 Community Health Projects - Methadone Maintenance Program - as a result of the Sobkey v. Smoley Settlement, Butte County Alcohol, Drug and Mental Health Services (BCADMHS) is required to contract with certified Drug Medical providers or allow the provider to contract directly with the State Department of Alcohol and Drug Programs. In either case, the County is responsible for providing the non-Federal share of cost from our State Drug General Fund Allocation - action requested - APPROVE RECOMMENDATION TO REQUEST THE STATE TO CONTRACT DIRECTLY WITH COMMUNITY HEALTH PROJECTS (CHP), AND AUTHORIZE THE DIRECTOR-MENTAL HEALTH TO INFORM THE STATE OF THE BOARD'S DECISION. 42. California Department of Mental Health - proposed is the renewal application for Federal McKinney Projects for Assistance in Transition from Homelessness (PATH) Grant Application for State fiscal year 1997-98 administered by the California Department of Mental Health. The 1997-98 award of $12,376 will allow Butte County Alcohol, Drug, and Mental Health Services (BCADMHS) to continue its representative payee services, which helps many identified and approved mentally ill, and mentally ill and substance abusing consumers retain their independent living status rather than being placed on conservatorship - action requested - APPROVE GRANT APPLICATION, GRANT AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. 43. Garian Partnership - proposed is the renewal of a lease agreement for office space for the State mandated California Children Services (CCS) Program at 1370 Ridgewood Drive, Suites 21 and 22, Chico (consisting of 1,880 sq. ft.) commencing November 1, 1997 to April 30, 1999 ($1,466.40 per month/$.78 sq. ft.) and from May 1, 1999 to October 31,2000 ($1,504.00 per month/$.80 sq. ft.) (90$ State/10$ Local) - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract no. X10028) Page 266 October 14, 1997 MINUTES R.J. BEELER, 1st District JANE DOLAN, 2nd District MARY ANNE ROUX 3rd District CURT JOSIASSEN, 4th District FRED C. DAMS, 5th District Call to order - Board of Supervisors room, County Administration Building, 25 County Center Drive, Oroville. Present: Supervisors Beeler, Houx, Josiassen and Chair Davis. Not Present: Supervisor Dolan. John S. Blacklock, Chief Administrative Officer; Susan Minasian, County Clerk; and Carol Roach, Assistant Clerk of the Board. Pledge of allegiance to the Flag of the United States of America. Invocation - Pastor Gaylord Enns, Pleasant Valley Assembly of God, Chico. (Not Present) 97-311 Items removed from the Consent Agenda for Board consideration and action. 1. Introduction of a salary ordinance amendment - the Personnel Department has completed a classification/compensation review for the Agricultural Department pertaining to the Deputy Agricultural Commissioner and the Deputy Director of Weights and Measures, and is recommending the reallocation of the salary of Deputy Director of Weights and Measures from Salary Range 1206 to Salary Range 1226. The total cost to the Department for 1997-98 fiscal year will be $5,424 (Department budget) - action requested - WAIVE READING OF THE ORDINANCE. 2. Introduction of a salary ordinance amendment - Butte County Correctional Facility - adding one Correctional Lieutenant position and two correctional sergeant positions to the Sheriff-Coroner-Corrections budget unit to provide adequate supervision and ensure uniformity and accountability - action requested - WAIVE READING OF THE ORDINANCE. Consent Agenda 97-312 1. Approval of minutes - action requested - APPROVE MINUTES OF SEPTEMBER 23, 1997. Page 258 October 14, 1997 October 14,19 October 14. 1997 97-312 44. Mark D. Gerhardt, dba Chico Properties/Butte County Private Industry Council (PIC), Inc. - proposed is a sublease agreement between PIC and the County for the lease of 780 sq. ft. at 2445 Carmichael Drive, Chico to the Butte County Department of Public Health for a satellite clinic. The agreement shall commence on the first day of occupancy (estimated to be December 1, 1997) and ending on June 30, 2002 in the maximum amount of $425.10 per month (54.20 cents per sq. ft./State/County} - action requested - APPROVE SUBLEASE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract no. X10768) 45. U.S. Systems Inc. - proposed is renewal of the maintenance agreement for the Butte County Jail Security Systems commencing October 1, 1997 through September 30, 1998 in the maximum amount of $24,990 (Department budget) - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (Contract no. X10249) 46. Mark D. Gerhardt, dba Chico Properties/Butte County Private Industry Council (PIC), Inc. - proposed is an amendment to the sublease with PIC (approved at the May 13, 1997 Board meeting) for the North County Employment Center at 2445 Carmichael Drive Chico, to clarify and specify in the sublease agreement that actual payments do not begin until the first day of occupancy - action requested - APPROVE AMENDMENT TO SUBLEASE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND AUDITOR-CONTROLLER. (Contract no. X10523) 47. Ventura Automated Collection System - Bylaws and Memorandum of Understanding (MOU) - the Department of Social Welfare is requesting Board approval of the Bylaws and MOU authorizing Butte County's continued participation in the California Ventura Automated Collection Systems (VACS) Association (CVA), a consortium of counties operating the VACS for welfare collections. Membership includes ongoing software maintenance, system enhancements, and telephone support. Annual costs include the base membership fee which for fiscal year 1997-98 is $5,000 plus up to $4,999 for enhancements which exceed costs provided in the membership fee (50~ Federal/35$ State/15$ County) - action requested - APPROVE BYLAWS AND MOU AND AUTHORIZE THE CHAIR TO SIGN. (Contract no. X10741) Page 267 October 14, 1997 October 14. 1997 97-312 46. Transitional Housing Plan - Independent Living Skills Program for Teens - the Department of Social Welfare is requesting Board approval of a proposal to implement a Transitional Housing Plan for youth served by the Independent Living Program at no additional County cost. This program is designed to help children who are going out of foster care learn to live independently in their own apartments or in supported living arrangements. All adolescents eligible for this program are already in placement and receiving foster care funds and social services. This program will require a payment rate variance and, if successful, result in cost avoidance. Rates will be $2,016 a month per child as opposed to group home rates of between $3,500-$5,000. A maximum of six teens will enter this program in fiscal year 1997- 98 - action requested - APPROVE THE BUTTE COUNTY TRANSITIONAL HOUSING PLAN FOR INDEPENDENT LIVING SKILLS PROGRAM YOUTH. 49. County Counsel - pursuant to the Butte County Management Employees Association Memorandum of Understanding Section 8.11(b), County Counsel is requesting Board authorization to grant an additional out-of-sequence merit advance from salary range 1292, step 4 to salary range 1292 - step 6 retroactive to October 1, 1997 for a position of Deputy County Counsel IV - action requested - AUTHORIZE OUT-OF- SEQUENCE MERIT ADVANCE AS REQUESTED RETROACTIVE TO OCTOBER 1, 1997. 50. Certification of Statement of Votes Cast at the Special Election in County Service Area (CSA) No. 31 (Biggs Pool) on August 26, 1997 - action requested - ACCEPT CERTIFICATION OF VOTES CAST AT THE AUGUST 26, 1997 SPECIAL ELECTION FOR CSA NO. 31 (BIGGS POOL) AS SPECIFIED IN ELECTIONS CODE SECTION 15308. 51. Certification of Statement Election in County Service Pool) on August 26, 1997 CERTIFICATION OF VOTES CP. SPECIAL ELECTION FOR CSA SPECIFIED IN ELECTIONS CC CANVASS PROCEDURES.) of Votes Cast at the Special Area (CSA) No. 34 (Gridley - action requested - ACCEPT ST AT THE AUGUST 26, 1997 NO. 34 (GRIDLEY POOL) AS DE SECTION 15308 (OFFICIAL Page 268 October 14, 1997 October 14, 1997 97-312 52. Certification of Statement of Votes Cast at the Special Property Owner County Service Area (CSA) Election in CSA 135, Zone 2 (Keefer Creek Estates Subdivision, Phase 2) on September 30, 1997 - action requested: A. ACCEPT CERTIFICATION OF VOTES CAST AT THE SEPTEMBER 30, 1997 SPECIAL ELECTION FOR CSA 135, ZONE 2 (KEEFER CREEK ESTATES SUBDIVISION, PHASE 2) AS SPECIFIED IN COUNTY RESOLUTION NO. 97-105 (OFFICIAL CANVASS PROCEDURES); AND B. ADOPT RESOLUTION 97-192 REGARDING IMPOSITION OF NEW/INCREMENTAL SERVICE CHARGES IN COUNTY SERVICE AREAS 90 ZONE 1, 101, 135 ZONES 2 AND 4, AND 165 FOR FISCAL YEAR 1997-98 AND AUTHORIZE THE CHAIR TO SIGN. 53. Certification of Statement of Votes Cast at the Special Election in County Service Area No. 164 (Animal Control) on September 16, 1997 - action requested: A. ACCEPT CERTIFICATION OF VOTES CAST AT THE SEPTEMBER 16, 1997 SPECIAL ELECTION FOR CSA 164 (ANIMAL CONTROL) AS SPECIFIED IN ELECTIONS CODE SECTION 15308 (OFFICIAL CANVASS PROCEDURES); AND B. ADOPT ORDINANCE 3357 AUTHORIZING IMPOSITION OF A SPECIAL TAX FOR PROVIDING SERVICES IN COUNTY SERVICE AREA NO. 164 (ANIMAL CONTROL}, AND AUTHORIZE THE CHAIR TO SIGN. 54. California Public Library 1997 Report - the Director- Libraries submits the report to the Board pursuant to Education Code Section 19169 - action requested - ACCEPT FOR INFORMATION. MOTION: I MOVE TO APPROVE THE CONSENT AGENDA WITH THE BACK UP FOR BUDGET TRANSFER B-043 (ITEM 3.02) REFERENCING THAT THE TRANSFER WILL COME FROM INTERFUND EXPENDITURES-ROAD FUND AND INTERFUND EXPENDITURES-FIRE PROTECTION RATHER THAN THE APPROPRIATION FOR CAPITAL OUTLAY; ITEM 3.51 MODIFIED TO READ: ~~PURSUANT TO THE BUTTE COUNTY MANAGEMENT EMPLOYEES ASSOCIATION MEMORANDUM OF UNDERSTANDING SECTION 8.11(b), COUNTY COUNSEL IS REQUESTING BOARD AUTHORIZATION TO GRANT AN ADDITIONAL OUT-OF-SEQUENCE MERIT ADVANCE FROM SALARY RANGE 1292-STEP 4 TO SALARY RANGE 1292-STEP 6 RETROACTIVE TO OCTOBER 1, 1997 FOR A POSITION OF DEPUTY COUNTY COUNSEL IV - ACTION REQUESTED - AUTHORIZE OUT-OF-SEQUENCE MERIT ADVANCE AS REQUESTED RETROACTIVE TO OCTOBER 1, 1997."; AND REMOVAL OF ITEMS 3.23 AND 3.25. M S VOTE: l Y 2 NP 3 Y 4 Y 5 Y (Unanimously Carried) Page 269 October 14, 1997 October 14, 1997 Regular Agenda 97-313 Appointments - commissions and committees. A. Appointments to committee vacancies. (NONE) B. Regional Council of Rural Counties - action requested - APPOINT DELEGATE AND ALTERNATE DELEGATE. MOTION: I MOVE TO APPOINT SUPERVISOR HEELER, DELEGATE, AND SUPERVISOR JOSIASSEN, ALTERNATE DELEGATE. M S VOTE: l Y 2 NP 3 Y 4 Y 5 Y (Unanimously Carried) C. Solid Waste Permit Enforcement and Appeal Independent Hearing Panel - action requested - REAFFIRM/APPOINT BOARD MEMBER (SUPERVISOR HEELER APPOINTED BY BOARD ON FEBRUARY 11, 1997); APPOINT AN ALTERNATE BOARD MEMBER (APPOINTMENTS ARE RESTRICTED BY LAW TO TWO TERMS/SUPERVISOR DOLAN WAS INITIALLY APPOINTED ON OCTOBER 6, 1992); APPOINT BILL MANNEL, REGULAR EXPERT MEMBER AND JOHN NICOLETTI, ALTERNATE EXPERT MEMBER; AND GERALD MORANO, REGULAR PUBLIC MEMBER AND SUE HOFIUS, ALTERNATE PUBLIC MEMBER TO TERMS TO EXPIRE JANUARY 4, 1999, AND AUTHORIZE LETTERS OF APPRECIATION TO PRIOR APPOINTEES. MOTION: I MOVE TO APPOINT SUPERVISOR JOSIASSEN AS THE ALTERNATE BOARD MEMBER ON THE SOLID WASTE PERMIT ENFORCEMENT AND APPEAL INDEPENDENT HEARING PANEL. S M VOTE: l Y 2 NP 3 Y 4 Y S Y (Unanimously Carried) MOTION: I MOVE TO REAFFIRM/APPOINT BOARD MEMBER (SUPERVISOR HEELER APPOINTED BY BOARD ON FEBRUARY 11, 1997); APPOINT BILL MANNEL, REGULAR EXPERT MEMBER AND JOHN NICOLETTI, ALTERNATE EXPERT MEMBER; AND GERALD MORANO, REGULAR PUBLIC MEMBER AND SUE HOFIUS, ALTERNATE PUBLIC MEMBER TO TERMS TO EXPIRE JANUARY 4, 1999, AND AUTHORIZE LETTERS OF APPRECIATION TO PRIOR APPOINTEES. M S VOTE: l Y 2 NP 3 Y 4 Y 5 Y (Unanimously Carried) D. Appointment of nominees where a declaration of candidacy form has not been filed for the November 4, 1997 Uniform District Election Law (UDEL) election - action requested - MAKE APPOINTMENTS TO BERRY CREEK COMMUNITY SERVICES DISTRICT (THREE DIRECTORS/FOUR YEAR TERMS); RICHARDSON SPRINGS COMMUNITY SERVICES DISTRICT (TWO DIRECTORS/FOUR YEAR TERMS); DRAINAGE DISTRICT 200 (ONE DIRECTOR/FOUR YEAR TERM); AND TABLE MOUNTAIN IRRIGATION DISTRICT (ONE DIRECTOR/FOUR YEAR TERM.} (NONE) MOTION: I MOVE TO MAKE THE APPOINTMENTS AS LISTED. (NOTE: CONFIRMATION OF APPOINTMENTS CONTAINED ON PREVIOUS CONSENT AGENDAS.) M S VOTE: l Y 2 NP 3 Y 4 Y 5 Y (Unanimously Carried) Page 270 October 14, 1997 October 14, 1997 97-314 Update on legislative and budget activities. (JOHN S. BLACKLOCK, CHIEF ADMINISTRATIVE OFFICER, INTRODUCED DALE WAGERMAN, COUNTY LOBBYIST) (280) A. Wrap-up of the 1996/97 legislative year, budget and forecast for 1997/98 - action requested - ACCEPT FOR INFORMATION. (DALE WAGERMAN, COUNTY LOBBYIST) 97-315 Report to the Board on the status of changes in the Economic Development Administration funded Revolving Loan Fund - action requested - ACCEPT FOR INFORMATION. (REPORT TO THE BOARD BY MARC NEMANIC, EXECUTIVE DIRECTOR, TAI-COUNTY ECONOMIC DEVELOPMENT CORPORATION) (845) 97-316 Report to the Board on the formation of a Resource Conservation District (RCD) in Butte County - action requested: A. RECOMMEND THAT THE AGRICULTURAL ADVISORY COMMISSION DEVELOP THE DEFINITION OF THE PROPOSED RCD SO THAT THE LEGISLATIVE BODY CAN PROCEED WITH A PUBLIC HEARING, ADOPT A RESOLUTION, AND SUBMIT THE RESOLUTION TO THE LOCAL AGENCY FORMATION COMMISSION (LAFCO); AND MOTION: I MOVE TO RECOMMEND THAT THE AGRICULTURAL ADVISORY COMMISSION DEVELOP THE DEFINITION OF THE PROPOSED RCD. S M VOTE: l Y 2 NP 3 Y 4 Y 5 Y (Unanimously Carried) B. RECOMMEND THAT SOURCES OF START-UP FUNDING OR LOANS AND LONG TERM FUNDING BE THOROUGHLY EXPLORED. (1080) (NO ACTION TAKEN) RECESS: 10:28 A.M. RECONVENE: 10:45 A.M. Page 271 October 14, 1997 October 14, 1997 Public Hearings and Timed Items 97-317 Public hearing - adoption of an Ordinance Enacting Butte County Code Section 10-21.1, Entitled "Seasonal Closure of Portion of Humboldt Road in the Jonesville Area", and Amending Butte County Code Section 10-22, to be Entitled "Penalty for Violation of Section 10-21 and 10-21.1" - action requested - ADOPT ORDINANCE AND AUTHORIZE THE CHAIR TO SIGN. (FROM 9-16- 97) (**120) A. state Department of Parks and Recreation - proposed is amendment no. 1 to the 1996-97 winter recreation grant to extend the grant term through December 30, 1997 and to allow the use of State Off-Highway Vehicle (OHV) funds remaining from the grant year to cover the cost of constructing a gate across Humboldt Road at the Forest Service's Jonesville Staging Area - action requested - APPROVE AMENDMENT TO PROJECT AGREEMENT NO. OR-351 (REVENUE AGREEMENT) AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR- CONTROLLER. MOTION: I MOVE THAT THE DIRECTOR-PUBLIC WORKS WORK WITH COUNTY COUNSEL, SHERIFF-CORONER AND THE FIRE WARDEN TO REVISIT THE ISSUES OF A ONE YEAR TRIAL FOR THE GATE, AT WHAT SNOW LEVEL THE GATE IS CLOSED, THE DATES FOR CLOSURE OF THE GATE, THE PROVISION OF A PHONE NUMBER THAT RESIDENTS CAN USE IF THEY NEED ACCESS TO THEIR PROPERTY WHEN THE GATE IS CLOSED, AND TO RETURN TO THE BOARD WITH AN AMENDED ORDINANCE. S M VOTE: l Y 2 NP 3 Y 4 Y 5 Y (Unanimously Carried) 97-318 Public hearing - renaming of private roads in the Chico area - Olive Street and Polk Street (from McIntosh Rvenue to End) to Old Chico Way - action requested - ADOPT RESOLUTION APPROVING RENAMING OF OLIVE STREET AND POLK STREET (FROM McINTOSH AVENUE TO END) TO OLD CHICO WAY AND AUTHORIZE THE CHAIR TO SIGN. (FROM 9-16-97) (2036) (HEARING OPENED AND CONTINUED OPEN TO TUESDAY, NOVEMBER 25, 1997 AT 10:00 A.M.) Page 272 October 14, 1997 October 14, 1997 97-319 County Consolidated Courts: A. Public hearing - consideration of the adoption of an Ordinance Amending Article IV of Chapter 36 of the Butte County Code by Amending Section 36-30 and Adding Section 36-31 Regarding Costs in Connection With Petitions for Change of Pleas, Setting Aside of Verdicts or Dismissal of Charges - action requested - ADOPT ORDINANCE AND AUTHORIZE THE CHAIR TO SIGN; AND B. Public hearing - consideration of the adoption of an Ordinance Enacting Article VII of Chapter 36 of the Butte County Code Entitled "Fines; Fees for Processing Accounts" - action requested - ADOPT ORDINANCE AND AUTHORIZE THE CHAIR TO SIGN. (2090) MOTION: I MOVE TO ADOPT ORDINANCE 3358 AMENDING ARTICLE IV OF CHAPTER 36 OF THE BUTTE COUNTY CODE BY AMENDING SECTION 36-30 AND ADDING SECTION 36-31 REGARDING COSTS IN CONNECTION WITH PETITIONS FOR CHANGE OF PLEAS, SETTING ASIDE OF VERDICTS OR DISMISSAL OF CHARGES AND AUTHORIZE THE CHAIR TO SIGN; AND ADOPT ORDINANCE 3359 ENACTING ARTICLE VII OF CHAPTER 36 OF THE BUTTE COUNTY CODE ENTITLED "FINES; FEES FOR PROCESSING ACCOUNTS" AND AUTHORIZE THE CHAIR TO SIGN. M S VOTE: l Y 2 NP 3 Y 4 Y 5 Y (Unanimously Carried) 97-320 Public hearing - consideration of an Urgency Interim Zoning Ordinance to Establish AR-1 (Agricultural-Residential with one acre minimum lot size) Zone on Custer Lane in Oroville Enterprise Zone - action requested - ADOPT URGENCY ORDINANCE AND AUTHORIZE THE CHAIR TO SIGN. (FROM 9-23-97) (2300) (***00) MOTION: I MOVE TO ADOPT URGENCY ORDINANCE 3360 AND AUTHORIZE THE CHAIR TO SIGN, AND SET A PUBLIC HEARING ON TUESDAY, NOVEMBER 25, 1997 AT 10:15 A.M. FOR THE PURPOSE OF CONSIDERING EXTENDING THIS ORDINANCE FOR AN ADDITIONAL 22 MONTHS AND 15 DAYS. M S VOTE: l Y 2 NP 3 Y 4 Y 5 Y (Unanimously Carried) Page 273 October 14, 1997 October 14, 1997 Regular Agenda 97-321 Butte County Water Commission - the following two recommendations are proposed: A. Proposed water transfer from Butte County by Resource Renewal Institute (RRI) - action requested - AUTHORIZE A LETTER OF OPPOSITION TO THE PROPOSED WATER TRANSFER BY RRI TO THE STATE WATER RESOURCES CONTROL BOARD AND AUTHORIZE THE CHAIR TO SIGN; AND B. P.G.&E. DeSabla-Centerville Hydroelectric Project in Butte County - the September 16,1997 directive from the Board of Supervisors to the Water Division to set a public meeting/workshop to include Paradise Irrigation District, Del Oro Water District, Lime Saddle Water District, Magalia Water District, Upper Ridge Coordinating Council, Butte County Water Commission and the Board of Supervisors regarding water policies involving the Ridge community - action requested - POSTPONE THE PUBLIC MEETING/WORKSHOP UNTIL MORE INFORMATION IS AVAILABLE. (300) (CONTINUED TO MINUTE ORDER NO. 97-323) RECESS: 12:30 P.M. RECONVENE: 2:00 P.M. 97-322 Resolution Returning the Butte County Department of Public Health-Rabies Control (Budget Unit 490-001) to a 40 Hour Work Week (effective November 1, 1997) - action requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (407) MOTION: I MOVE TO ADOPT RESOLUTION 97-143 AND AUTHORIZE THE CHAIR TO SIGN. M S VOTE: l Y 2 NP 3 Y 4 Y 5 Y (Unanimously Carried) Page 274 October 14, 1997 October 14. 1997 97-323 Butte County Water Commission - the following two recommendations are proposed: A. Proposed water transfer from Butte County by Resource Renewal Institute (RRI) - action requested - AUTHORIZE A LETTER OF OPPOSITION TO THE PROPOSED WATER TRANSFER BY RRI TO THE STATE WATER RESOURCES CONTROL BOARD AND AUTHORIZE THE CHAIR TO SIGN; AND MOTION: I MOVE TO AUTHORIZE A LETTER OF OPPOSITION TO THE PROPOSED WATER TRANSFER BY RRI TO THE STATE WATER RESOURCES CONTROL BOARD AND AUTHORIZE THE CHAIR TO SIGN. M S VOTE: l Y 2 NP 3 Y 4 Y S Y (Unanimously Carried) B. P.G.&E. DeSabla-Centerville Hydroelectric Project in Butte County - the September 16,1997 directive from the Board of Supervisors to the Water Division to set a public meeting/workshop to include Paradise Irrigation District, Del Oro Water District, Lime Saddle Water District, Magalia Water District, Upper Ridge Coordinating Council, Butte County Water Commission and the Board of Supervisors regarding water policies involving the Ridge community - action requested - POSTPONE THE PUBLIC MEETING/WORKSHOP UNTIL MORE INFORMATION IS AVAILABLE. (483) MOTION: I MOVE TO POSTPONE THE PUBLIC MEETING/WORKSHOP UNTIL MORE INFORMATION IS AVAILABLE. S M VOTE: l Y 2 NP 3 Y 4 Y 5 Y (Unanimously Carried) 97-324 House of Mercy - consideration of a request, pursuant to Butte County Code Section 3-40.5, for a waiver of application fees for a use permit to establish the House of Mercy group home, APN 039-600-010, property located on the south side of Highway 32, approximately 3/4 miles west of Meridian Road, west of Chico - action requested - WAIVE APPLICATION FEES OF $1,018.00 AS REQUESTED. (595) MOTION: I MOVE TO WAIVE APPLICATION FEES OF $1,018.00 AS REQUESTED. S M VOTE: l Y 2 NP 3 Y 4 Y 5 Y (Unanimously Carried) Page 275 October 14,1997 October 14, 1997 97-325 Items removed from the Consent Agenda for Board consideration and action. 1. Introduction of a salary ordinance amendment - the Personnel Department has completed a classification/compensation review for the Agricultural Department pertaining to the Deputy Agricultural Commissioner and the Deputy Director of Weights and Measures, and is recommending the reallocation of the salary of Deputy Director of Weights and Measures from Salary Range 1206 to Salary Range 1226. The total cost to the Department for 1997-96 fiscal year will be $5,424 (Department budget) - action requested - WAIVE READING OF THE ORDINANCE. (630) MOTION: I MOVE TO WAIVE READING OF THE ORDINANCE. S M VOTE: 1 N 2 NP 3 Y 4 Y 5 Y (Motion Carried) 2. Introduction of a salary ordinance amendment - Butte County Correctional Facility - adding one Correctional Lieutenant position and two correctional sergeant positions to the Sheriff-Coroner-Corrections budget unit to provide adequate supervision and ensure uniformity and accountability - action requested - WAIVE READING OF THE ORDINANCE. MOTION: I MOVE TO WAIVE READING OF THE ORDINANCE. S M VOTE: l Y 2 NP 3 Y 4 Y 5 Y (Unanimously Carried) 97-326 Public Comment. (PRESENTATIONS WILL BE LIMITED TO FIVE MINUTES. THE BOARD OF SUPERVISORS IS PROHIBITED BY STATE LAW FROM TAKING ACTION ON ANY ITEM PRESENTED IF IT IS NOT LISTED ON THE AGENDA.) 1. Gifford Massey, Executive Director, Butte County Employees Association - expressed his concern with the significant increase in the number of employee dismissals within the last twelve months. Page 276 October 14, 1997 October 14, 1997 97-327 CLOSED SESSION: The Board recessed at 2:45 p.m. to a closed session conference with legal counsel for actual litigation pursuant to Government Code Section 54957.9(a): 1. Howard v. City of Chico, County of Butte, et al., Butte Superior Case No. 118972; conference with legal counsel for anticipated litigation: 1. Initiation of litigation pursuant to Government Code Section 54956.9(c): One potential case, and 2. Significant exposure to litigation pursuant to Government Code Section 54956.9(b)(1): One potential case; and public employee performance evaluation pursuant to Government Code Section 54957: 1. Director-Mental Health; 2. Director-Public Health; and 3. Public Guardian. RECONVENE: The Board reconvened at 5:35 p.m. following a closed session conference with legal counsel for actual litigation pursuant to Government Code Section 54957.9(a): 1. Howard v. City of Chico, County of Butte, et al., Butte Superior Case No. 118972; conference with legal counsel for anticipated litigation: 1. Initiation of litigation pursuant to Government Code Section 54956.9(c): One potential case, and 2. Significant exposure to litigation pursuant to Government Code Section 54956.9(b)(1): One potential case; and public employee performance evaluation pursuant to Government Code Section 54957: 1. Director-Mental Health; 2. Director-Public Health; and 3.Public Guardian. (NO ANNOUNCEMENTS) Page 277 October 14, 1997 October 14, 1997 Communications 97-328 Communications received and referred. (COPIES OF ALL COMMUNICATIONS ARE AVAILABLE IN THE CLERK OF THE BOARD OFFICE.) A. Jessica Maxine Rios, Commissioner of Environmental Affairs and The Environmental Affairs Council, Associated Students (AS.), California State University, Chico (CSU) - writes to commend Butte County for working with the AS. Chico Recycling Program on the "Garbage, Recycling, and the Crunch of AB 939" Conference being held at CSU in October. (REFER TO DIRECTOR-PUBLIC WORKS) B. Margaret Pena, Legislative Representative, California State Association of Counties (CSAC) - writes re SCR 27 by Senator Quentin Kopp, which created a task force charged with reviewing policies relating to residential care facilities. CSAC is interested in learning of Butte County's experiences with residential care facilities in our communities and any concerns we might have in order to forward this information to the CSAC members on the task force. (REFER TO DIRECTOR-DEVELOPMENT SERVICES) C. Ronald D. Kepler, Manager, Insurance Services Office, Inc. - writes to thank County Fire Warden Jack Wiest, the many water companies, and others for the cooperation given to their representative during their recent survey. They have completed their evaluation of the fire insurance classification for Butte County and advise that the protection class has improved to Class 4/9 for the County, which also applies to the City of Biggs as the County Fire Department protects Biggs by contract. (REFER TO CHIEF ADMINISTRATIVE OFFICER AND RISK MANAGER) ADJOURNMENT: There being no further business before the Board, the meeting was adjourned at 5:35 p.m. to reconvene on Tuesday, October 28, 1997 at 9:00 a.m. 1 ~~ RED C. AVIS, Chair ATTEST: John S. Blacklock, Chief Administrative Officer and lerk of the Board of Supervisors By: Assistant Clerk Page 278 October 14, 1997