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HomeMy WebLinkAboutM110999.p sirp~ ~°o MINUTES *~ y~ ~h~~r- ~- BOARD OF SUPERVISORS R. J. BEELER, 1st District JANE DOLAN, 2nd District MARY ANNE HOUX, 3rd District CURT JOSIASSEN, 4th District FRED C. DAVIS, 5th District November 9. 1999 99-363 Call to Order - Board of Supervisors Room, County Administration Building, 25 County Center Drive, Oroville. Supervisors present: Beeler, Houx, Josiassen, Davis, and Chair Dolan. Also present: John S. Blacklock, Chief Administrative Officer; Susan Minasian, County Counsel; and Marian Reeves, Assistant Clerk of the Board. Pledge of Allegiance to the Flag of the United States of America. Invocation - Reverend Larry Walter, First Congregational Church, Oroville. Items removed from the Consent Agenda for Board consideration and action. (80} 1. Computer File Server Purchase - Public Health - Board approval is requested by the Public Health Department to purchase a file server for the Environmental Health Division in the amount of $4,000 (department budget} - action requested - APPROVE PURCHASE OF A FTXED ASSET ITEM. 2. 1998-99 Proposition 4 Budgeted Revenue Adjustment - Board approval is requested by the Auditor--Controller to increase/decrease budgeted 1998-99 revenues, where necessary, to ensure compliance with Proposition 9 requirements, and to make a technical correction to General Fund appropriations for financial statement presentation purposes - action requested - APPROVE BUDGET TRANSFER 8-487. 3. Assembly Bill 1661 - ERAF Fiscal Relief Legislation - AB 1661 provides one time ERAF related fiscal relief to counties, cities, and special districts, and implements new reporting requirements. In order to receive these one time revenues, the Board and Auditor-Controller are required to take certain actions - action requested - ADOPT A RESOLUTION IDENTIFYING AMOUNTS SHIFTED FROM EACH LOCAL AGENCY TO THE ERAF FUND IN 1998-99 AND AUTHORIZE THE CHAIR TO SIGN; AND DIRECT THE CHAIR TO REPORT REVENUE SHIFT AMOUNTS AND FILE RESOLUTION WITH THE STATE CONTROLLER AND DEPARTMENT OF FINANCE NOT LATER THAN DECEMBER 1, 1999. Page 367 November 9. 1,999 99-363 4. Resolution to Correct a Resolution Regarding Volunteer `"'~" Firefighter Rates - Board approval is requested by the Fire Department for a resolution which would rescind Resolution 99-130, which increased the volunteer firefighter rates effective September 14, 1999, and reestablishes the rates to become effective January 14, 2000 - action requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. ITEM REMOVED FROM THE AGENDA; NO ACTION TAKEN. 5. Parent Education Network - Board approval is requested by the Welfare Department for an agreement with the Parent Education Network for the provision of in-home visiting services designed to provide early intervention and prevention of child abuse and neglect. The term of the agreement is July 1, 1999, through June 30, 2000, with a maximum amount payable of $47,000 (department budget). The agreement is funded using voluntary contributions from taxpayers to the Frank Watters Trust Fund, and through revenues derived from a surcharge on birth certificates pursuant to AB 2994 - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X114b6) ITEM REMOVED FROM AGENDA, NO ACTION fiAKEN. TO BE CONSIDERED AT THE MEETING OF DECEMBER 7, 1999. .--, 6. Parent Education Network - Board approval is requested by the Welfare Department for an agreement with the Parent Education Network for the provision of in-home visiting services for CaIWORKs clients designed to provide early intervention and prevention of child abuse and neglect. The term of the agreement is July 1, 1999, through June 30, 2000, with a maximum amount payable of $143,000 (department budget) - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. {Contract No. X11457) ITEM REMOVED FROM AGENDA, NO ACTION TAKEN. TO BE CONSIDERED AT THE MEETING OF DECEMBER 7, 1999. Page 368 November 9, 1999 November 9. 1999 99-363 7. Child Abuse Prevention, Intervention, and Treatment (CAFIT) Grant - Community Based Family Resource and Support (CBFRS} Funding - Parent Education Network - Board approval is requested by the Welfare Department to accept revenue, transfer funds, appropriate unanticipated revenue, and approve an agreement with the Parent Education Network for the provision of in-home visiting services - action requested - APPROVE REVENUE AGREEMENT WITH THE CALIFORNIA DEPARTMENT OF SOCIAL SERVICES IN THE AMOUNT OF $429,126 AND AUTHORIZE THE CHAIR TO SIGN (Contract No. R40194); APPROVE BUDGET TRANSFER B-067 (4/5 vote required} WHICH WILL REDUCE REVENUE AND EXPENDITURES IN THE CHILDREN'S TRUST FUND BY $9,067 AND TRANSFER FUNDS TO THE CHILD ABUSE PREVENTION ACCOUNT; ACCEPT AND APPROPRIATE UNANTICIPATED REVENUE IN THE AMOUNT OF $2,759 FROM CBFRS, INCREASING THE TOTAL APPROPRIATION AND EXPENDITURE AUTHORITY IN THE CHILD ABUSE PREVENTION BUDGET UNIT TO $154,868; AND APPROVE AGREEMENT WITH THE PARENT EDUCATION NETWORK (Contract No. X11470) AND AUTHORIZE THE CHAIR TO SIGN. ITEM REMOVED FROM THE AGENDA; NO ACTION TAKEN. TO BE CONSIDERED AT THE MEETING OF DECEMBER 7, 1999. Consent Agenda 99-364 1. Approval of Minutes - action requested - APPROVE MINUTES OF OCTOBER 7, 1999, AND OCTOBER 20, 1999. 2. Budget Transfers - action requested - APPROVE BUDGET TRANSFERS B-061 (EMERGENCY SERVICES/APPROPRIATION FOR CONTINGENCIES; AND B-060 (SHERIFF'S OFFICE). (Budget transfers listed above require a 4/5 vote.} 3. County Library Donation - in accordance with Government Code Section 25355, a donation of $2,095 from the Chico Friends of the Library has been received for the Butte County Trust Fund for the purchase of books - action requested - ACCEPT DONATION AND AUTHORIZE A LETTER OF APPRECIATION. 4. Technology to Recover Abducted Kids (TRAK) Computer Donation - Hewlett-Packard and SocialTech have donated computer equipment and software valued at $6,500 to the Sheriff's Office to implement a TRAK system. The software is designed to help law enforcement agencies find missing children, solve crimes, locate wanted felons, send press releases, and assist in additional law enforcement duties - action requested - ACCEPT DONATION AND AUTHORIZE LETTERS OF APPRECIATION. 5. Butte County Behavioral Health Board - action requested - APPOINT JANET RIST WILSON, FAMILY/CONSUMER CATEGORY, TO A VACATED TERM TO END DECEMBER 31, 2000. Page 369 November 9, 1999 November, 9.,.,,..1999 99-364 6. Emergency Medical Care Committee - action requested - APPOINT CORY BOYLES, M.D., EMERGENCY DEPARTMENT PHYSICIAN REPRESENTATIVE, TO A TERM TO END JUNE 30, 2000. 7. Durham Mosquito Abatement District - action requested - APPOINT SANDY ATTEBERRY TO A VACATED TERM TO END DECEMBER 31, 1999. $, Richvale Sanitary District - action requested - APPOINT GREG STEPHENS, AUDREY STEPHENS, AND GARY STONE TO TERMS TO END DECEMBER 5, 2003. 9. Long Term Care Council - action requested - APPOINT JAY HARRIS, YOUNGER FUNCTIONALLY zMPAIRED ADULT 18-55 CATEGORY. 10. Land Conservation Act Committee - action requested - APPOINT DAVID SKINNER, FARM BUREAU REPRESENTATIVE. 11. Surface Mining Aggregate Operations Committee - Resolutions 89-197 and 99-101 provide for surface mining industry representatives to serve an the Surface Mining Aggregate Operations Committee, but do not provide for designation of those positions. Board approval is requested to designate two current committee members as industry representatives - action requested - DESIGNATE SURFACE MINING AGGREGATE OPERATIONS COMMITTEE MEMBERS JIM GAUMER AND ROGER GREEN AS INDUSTRY REPRESENTATIVES. 12. Award of Bid No. 23-00 - Boiler/Chiller - Bids have been opened for the purchase and installation of a boiler/chiller for the buildings located at 1 and 3 County Center Drive, with the low bidder being Azevedo Construction of Forest Ranch, in the amount of $97,923 (Buildings and Grounds budget) - action requested - AWARD BID AND AUTHORIZE THE CHAIR T4 SIGN CONSTRUCTION AGREEMENT SUBJECT TO APPROVAL OF COUNTY COUNSEL. 13. Computer File Servers Purchase -- Public Health - Board approval is requested by the Public Health Department to purchase two file servers for the Chico and Oroville clinic sites to address year 2000 compliance issues. The California Family Health Council, Inc., has awarded the County $10,000 to cover the purchases - action requested - APPROVE BUDGET TRANSFER B-070 (4/5 vote required) ACCEPTING AND APPROPRIATING UNANTICIPATED REVENUE; AND APPROVE PURCHASE OF FIXED ASSET ITEMS. 14. Transfer of a Surplus Vehicle - Sheriff's Office - Board approval is requested by the Sheriff's Office to transfer a 1969 Chevrolet Pick-up, which was transferred to surplus on ,~ October 12, 1999, to the Sheriff's Office to be utilized by the Operations Division - action requested - AUTHORIZE THE TRANSFER OF A VEHICLE FROM COUNTY SURPLUS TO THE SHERIFF'S OFFICE. Page 370 November 9, 1999 November 9, 1999 r""` 99-364 15. Work Stations Purchase - Board approval is requested by the Treasurer/Tax Collector to purchase six work stations needed to establish the enhanced court collections program. The combined amount of the work stations, including installation, is $22,057 (department budget) - action requested - APPROVE PURCHASE OF FIXED ASSET ITEMS. 16. State Fair Booth - the Butte County booth at the State Fair was awarded $3,300 in prize money. As part of an agreement for the construction of the booth, any prize money awarded for the booth was to be given to the contractor. The check from the State was inadvertently issued to the County, and Board approval is requested to transfer funds to allow payment to the contractor - action requested - APPROVE BUDGBT TRANSFER B-071 (9/5 vote required); AND APPROVE PAYMENT OF PRIZE FUNDS TO CONTRACTOR. 17. Butte County Fair Operating Budget 2000 - Board approval is requested by the Butte County Fair Association for the Butte County Fair Budget for 2000 - action requested - APPROVE BUDGET AND AUTHORIZE THE CHAIR TO SIGN. 18. Relief of Accountability - Sheriff`s Office - Board approval is requested by the Sheriff's Office far a relief of accountability for $200 reported missing from the receipts ~. of August $, 1999, pursuant to Government Code Section 29390 - action requested - GRANT RELIEF OF ACCOUNTABILITY. 19. Relief of Accountability - Treasurer/Tax Collector - Board approval is requested by the Treasurer/Tax Collector for a relief of accountability for a $21 cash shortage from the receipts of August 3, 1999, pursuant to Government Code Section 29390 - action requested - GRANT RELIEF OF ACCOUNTABILITY. 20. Lake Oroville Area Public Utilities District - Tax Exchange Agreement - an annexation application has been filed with the Local Agency Formation Commission for the Lake Oroville Public Utilities District. The District does not have a Master Property Tax Agreement with the County. The District Board certifies that the change of organization will be revenue neutral to all affected agencies - action requested - APPROVE TAX EXCHANGE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. 21. Fiscal Year 1999-2000 Transit/Transportation Claims - pursuant to the Transportation Development Act, the Public Works Department has prepared claims for SB620 funds for public transportation projects, and SB325 funds for public transportation and streets and roads projects - action requested - APPROVE CLAIMS AND AUTHORIZE THE DIRECTOR OF PUBLIC WORKS TO SIGN. Page 371 November 9, 1999 November 9, 1999 99-364 22. Adoption of a Salary Ordinance Amendment - the Information "`~ Systems Department has requested the Personnel Department prepare a salary ordinance amendment which deletes one position of Administrative Analyst TII/II/I, and adds one position of Information Systems Analyst III/II/I to correct an adjustment which should have been included in the fiscal year 1999-2000 budget - action requested - ADOPT ORDINANCE 3562 AND AUTHORIZE THE CHAIR TO SIGN. (FROM 10-26-99) 23. Introduction of a Salary Ordinance Amendment - the Public Health Department has requested the Personnel Department prepare a salary ordinance amendment which adds one term position of Program Manager (term to end June 30, 2000) in support of the Butte County Children and Families Commission. The State will fund 100 of this position - action requested - APPROVE BUDGET TRANSFER B-069 (4/5 vote required) ACCEPTING AND APPROPRIATING UNANTICIPATED REVENUE; AND WAIVE READING OF THE ORDINANCE. 24. Introduction of a Salary Ordinance Amendment - the Treasurer/Tax Collector has requested the Personnel Department prepare a salary ordinance amendment which deletes one position of Assistant Tax Collector, one position of Manager-Revenue & Reimbursement, and one position of Supervisor Staff Support Services, and adds one position of Assistant Treasurer/Tax Collector-Revenue & Reimbursement, one position of Supervisor-Property Taxes, and one position of Supervisor-Collections in support of an office reorganization - action requested - WAIVE READING OF THE ORDINANCE. ' 25. Introduction of a Salary Ordinance Amendment - the Agricultural Commissioner has requested the Personnel Department prepare a salary ordinance amendment which adds one term position of Agricultural Biologist I111 (term to end June 30, 2000) in support of pest exclusion activities. Funding for this position is made available through the Department of Food and Agriculture - action requested - AFPROVE BUDGET TRANSFER B-072 {4/5 vote required) ACCEPTING AND APPROPRIATING UNANTICIPATED REVENUE; AND WAIVE READING OF THE ORDINANCE. 26. Introduction of a Salary Ordinance Amendment - the Superior Court of California, County of Butte, has requested the Personnel Department prepare a salary ordinance amendment which creates three separate jab classifications from one current job classification to allow for career expansion and advancement. The ordinance will delete the classification of Specialist-Court Compliance Officer and add the classifications of Gourt Compliance Specialist I, Gourt r,,,,r, Compliance Specialist II, and Supervisor-Court Compliance Division - action requested - WAIVE READING OF THE ORDINANCE. Page 372 November 9, 1999 November 9, 1999 99-364 27. Introduction of a Salary Ordinance Amendment - the Welfare Department has requested the Personnel Department prepare a salary ordinance amendment which will add the classification of Eligibility Training Technician back into the Welfare Department position allocations, and include a 2.5~ cost of living allowance for the position in response to a grievance settlement - action requested - WAIVE READING OF THE ORDINANCE. 28. Introduction of a Salary Ordinance Amendment - the Public Health Department has requested the Personnel Department prepare a salary ordinance amendment which reclassifies one position of Accounting Specialist to Medical Records Technician II, and flexibly staffs the position as Medical Records Technician II/I in response to a job analysis and classification study - action requested - WAIVE READING OF THE ORDINANCE. 29. Resolution in Appreciation of Darrell Smith upon Retirement from the County - action requested - ADOPT RESOLUTION 99-153 AND AUTHORIZE THE CHAIR TO SIGN. 30. Resolution in Appreciation of Fred A. Glander upon Retirement from the County - action requested - ADOPT RE50LUTION 99-154 AND AUTHORIZE THE CHAIR TO SIGN. 31. Resolution in Appreciation of Johnny C. Shinn upon Retirement from the County - action requested - ADOPT RESOLUTION 99-155 AND AUTHORIZE THE CHAIR TO SIGN. 32. Resolution Proclaiming November 15, 1999, as America Recycles Day in Butte County - action requested - ADOPT RESOLUTION 99-156 AND AUTHORIZE THE CHAIR TO SIGN. 33. Resolution Proclaiming November 14-20, 1999, as Optimist Club International Youth Appreciation Week - action requested - ADOPT RESOLUTION 99-157 AND AUTHORIZE THE CHAIR T4 SIGN. 34. Resolution to Accept Butte County Department of Social Welfare Family Preservation and Support Program Three- Year Plan - Board approval is requested by the Welfare Department for a resolution to accept the Family Preservation and Support Program Three-Year Plan which details the goals, objectives, and related activities for the Family Preservation and Support Program far fiscal years 1999 through 2001 - action requested - ADOPT RESOLUTION 99-158 AND AUTHORIZE THE CHAIR TO SIGN. Page 373 November 9, 1999 November 9, 1999 99-364 35. Forest Avenue Roadway Improvements - Board approval is ""~ requested by the City of Chico to allow the City to acquire property located within the unincorporated area of the Chico Urban Area for roadway improvements. Specifically, the City has planned an improvement project to widen the west side of Forest Avenue between Humboldt Road and Highway 32 to accommodate two traffic lanes in each direction. The project will require the City to acquire right-of-way and easements from the property adjacent to the west side of Forest Avenue which is located in the County -- action requested - CONSENT TO CITY ACQUISITION OF EXTRA-TERRITORIAL PROPERTY WITHIN THE CHICO URBAN AREA FOR ROADWAY IMPROVEMENTS ON PROPERTY LQCATED ON THE WEST SIDE OF FOREST AVENUE BETWEEN HUMBOLDT ROAD AND HIGHWAY 32 AS DEPICTED AND DESCRIBED IN THE CITY'S LETTER TO THE COUNTY DATED JULY 30, 1999, AND AUTHORIZE THE CHIEF ADMINISTRATIVE OFFTCER TO NOTIFY THE CITY OF CHICO OF THE SAME. 36. Program Supplement No. 0171 Rev. 000 - reimbursement of funds for qualified projects under Administering Agency-State Agreement No. 000986 for Federal Aid Projects requires execution of a Program Supplement to the Master Agreement. Program Supplement No. 0171 Rev. 000 provides funding for reimbursement of a portion of preliminary engineering costs expended to prepare the project of the Centerville Road Bridge Across Butte Creek, 03-BUT-O--CR, RPL-5912 (033) , Bridge No. 12-0060 - action requested -- ADOPT RESOLUTION 99-159 AUTHORIZING EXECUTION OF PROGRAM SUPPLEMENT NO. 0171 REV. 000 AND AUTHORIZE THE CHAIR TO SIGN. 37. Big Brothers/Big Sisters of Butte County - Board approval is requested by the Butte County Department of Behavioral Health for an agreement with the Big Brothers/Big Sisters of Butte County for the provision of up to 23 one-on-one mentor/protegee matches for local youth. fihe term of the agreement is July 1, 1999, through June 30, 2000, with a maximum amount payable not to exceed $50,000 (Community Services Development, State of California Mentor Grant Award) - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X11949} 38. Enloe Medical Center - Touchstone Perinatal Program - Amendment B - Board approval is requested by the Butte County Department of Behavioral Health for an amendment to the agreement with Enloe Medical Center for the provision of services in support of the Touchstone Perinatal Program. The term of the amendment is July 1, 1999, through June 30, 2000, with a maximum amount payable not to exceed $413,843.52 (department budget} - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contact No. ...~ X11110) Page 374 November 9, 1999 November 9. 1999 ~"" 99-354 39. Butte County Office of Education - Board approval is requested by the Butte County Department of Behavioral Health for an agreement with the Butte County Office of Education for the provision of full day care intensive services for severely emotionally disturbed children and adolescents. The term of the agreement is July 1, 1999, through June 30, 2000, with a maximum amount payable of $65$,592.62 (department budget} - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X11473) 90. T. w. DuFour and Associates - Board approval is requested by the Butte County Department of Behavioral Health for a lease agreement with T. W. DuFour and Associates for the property located at 500 Cohasset Road, Suite 28, Chico. The location is utilized by the Youth Services Division. The term of the agreement is December 15, 1999, through December 31, 2009, with a maximum 10 year amount not to exceed $105,911.14 (department budget) - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X11472) 41. T. w. DuFour and Associates - Board approval is requested by the Butte County Department of Behavioral Health far a lease agreement with T. W. DuFour and Associates for the property located at 107 Parmac Road, Suites 2 and 3, Chico. This location is utilized by Chico Adult Outpatient Services. The term of the agreement is December 15, 1999, through December 31, 2009, with a maximum 10 year amount not to exceed 5507,412.09 (department budget) - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X11471) 42. Remy, Thomas and Moose, LLP - Amendment 1 - Board approval is requested by County Counsel for an amendment to the agreement with Remy, Thomas and Moose, LLP, for the provision of attorney services - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X10200) 43. Spousal Abuser Prosecution Program Grant Application - Renewal - Board approval is requested by the District Attorney to apply to the Department of Justice for a renewal of the Spousal Abuser Prosecution Program Grant in the amount of $70,OOD - action requested - ADOPT RESOLUTION 99-160 APPROVING GRANT APPLICATION AND AUTHORIZING THE DISTRICT ATTORNEY TO UNDERTAKE GRANT AWARD AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. Page 375 November 9, 1999 November 9, 1999 99-364 44. Cooperative Personnel Services - Board approval is requested by the Personnel Department for an amendment to the agreement with Cooperative Personnel Services in order to complete the implementation phase of a classification and compensation study for the Welfare Department. The amendment extends the term to February 29, 2000, with all other terms and provisions to remain the same - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X10671) 45. Northwest Society for the Prevention of Cruelty to Animals (NWSPCA) - Board approval is requested by the Public Health Department for an agreement with the NWSPCA for the provision of animal sheltering serv~,ces. The term of the agreement is December 1, 1999, through November 30, 2000, with a maximum amount payable of $90,000 (department budget) - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR- CONTROLLER. 46. Q Street, Ltd. - Amendment 4 - Board approval is requested by the Welfare Department for an amendment to the lease agreement with Q Street, Ltd., for the property located at 873 Mitchell Avenue, Oroville. The location is utilized by Social Welfare Employment Training Programs. The amendment extends the lease to June 30, 2000, increases the lease amount to $.70 per foot, and extends the written notification of vacancy requirement to 45 days. Funds are available for the amendment in the department's budget - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X10024} 47. California Department of Social Services - Northern Valley Catholic Social Service - Community Alternative to Violence (CAV) - Board approval is requested by the Welfare Department for a revenue agreement with the California Department of Social Services to provide funding in the amount of $168,750 in support of the CAV program. Board approval is also requested for an amendment to the agreement with Northern Valley Catholic Social Service to administer the CAV program - action requested - APPROVE BUDGET TRANSFER 8-068 (4/5 vote required) ACCEPTING AND APPROPRIATING UNANTICIPATED REVENUE; APPROVE REVENUE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN (Contract No. R40195}; AND APPROVE AGREEMENT AMENDMENT WITH NORTHERN VALLEY CATHOLIC SOCIAL SERVICE AND AUTHORIZE THE CHAIR TO SIGN (Contract No. X10524). Page 376 November 9, 1999 November 9, 1999 '""" 99-364 48. Sacramento Services Development Corporation - Board approval is requested by the Welfare Department for an agreement with Sacramento Services Development Corporation for the provision of direct-mail food stamp issuance. The term of the agreement is January 1, 1999, through December 31, 2001, with a yearly maximum amount payable of $300,000 (department budget} - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X11469) 49. Butte County Board of Supervisors Meeting Dates Calendar - consideration of the adoption of the Board Meeting Dates Calendar for 2000 - action requested - ADOPT CALENDAR. 50. Butte County Law Library Annual Report - Fiscal Year 199$- 1999 - the Butte County Law Library Trustees have submitted the fiscal year 1998-1999 annual report in accordance with Business and Professions Code Sections 6349 and 6350 - action requested ~ ACCEPT AND APPROVE ANNUAL REPORT. 51. Fee Waiver - Board approval is requested by the Fire Department to waive all permit and inspection fees associated with the construction of a fire apparatus room at the Station 67 site on Cherokee Road. The Cherokee Volunteer Fire Company has been raising funds for several years in order to provide for the building of this project - action requested - FIND THAT THE WAIVER I5 IN THE PUBLIC INTEREST AND WAIVE ALL PERMIT AND INSPECTION FEES ASSOCIATED WITH THE CONSTRUCTION OF A FIRE APPARATUS ROOM AT THE STATION 67 SITE. (116) MOTION: I MOVE TO APPROVE THE CONSENT AGENDA WITH THE REMOVAL OF ITEMS 3.13, 3.17, 3.18, 3.32, 3.51, 3.52, AND 3.53. M S VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried} CHAIR DOLAN PRESENTS A RESOLUTION TO JOHNNY C. SHINN IN HONOR OF HIS RETIREMENT. CHAIR DOLAN PRESENTS A RESOLUTION TO RICH PARMETER TN RECOGNITION OF YOUTH APPRECIATION WEEK. Regular Agenda 99-365 Appointments - Commissions and Committees A. Appointments to committee vacancies. (282) (NONE} Page 377 November 9, 1999 November 9, 1999 99-366 Update on legislative and budget activities. (287} JOHN S. BLACKLOCK, CHIEF ADMINISTRATIVE OFFICER, INFORMS THE BOARD THAT THE STATE DIRECTOR OF SOCIAL SERVICES, RITA SAENZ, VISITED BUTTE COUNTY AND COMPLIMENTED THE COUNTY ON A SUCCESSFUL COLLABORATION IN PROVIDING HUMAN SERVICES. THE BOARD WAS ALSO INFORMED THAT THE COMMISSION ON STATE MANDATES HAS MADE THE DECISION TO PROVIDE BUTTE COUNTY WITH A THREE YEAR EXTENSION OF REDUCED GENERAL ASSISTANCE RATES. A. PG&E Assessment Reduction - at the request of the Yuba County Board of Supervisors, consider a pos~,tion of opposition to an interpretation of State Board of Equalization Rule 20 that is inconsistent with the law and financially detrimental to a number of counties - action requested - APPROVE LETTER OF OPPOSITION AND AUTHORIZE THE CHAIR TO SIGN. (383) MOTION: I MOVE TO APPROVE A LETTER OF OPPOSITION AND AUTHORIZE THE CHAIR TO SIGN. S M VOTE: 1 Y 2 Y 3 Y 4 Y 5 X (Unanimously Carried) 99-367 Consideration of Amendment(s) to Butte County Code Chapter 13, Article I, Entitled "Grading" - consideration of amendment(s) to the provisions of Butte County Code, Chapter 13, Article I, as directed by the Board of Supervisors at the meeting of October 20, 1999 - action requested: A. ADOPT ORDINANCE ENTITLED, "AN ORDINANCE AMENDING BUTTE COUNTY CODE SECTIONS 13-5, ENTITLED `EXEMPTIONS', OF ARTICLE 1, ENTITLED `GRADING', OF CHAPTER 13, AND SECTION 26-3.1, ENTITLED `AMENDMENTS, ADDITIONS AND DELETIONS' OF CHAPTER 26, ENTITLED 'BUILDINGS', OF THE BUTTE COUNTY CODE." (FROM 10- 26-99); OR B. ACCEPT STAFF RECOMMENDATION TO POSTPONE ADOPTION OF THE ORDINANCE UNTIL AFTER THE PREPARATION OF AN INITIAL STUDY AS REQUIRED BY THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA). (674) BOARD DIRECTION TO POSTPONE ADOPTION OF THE ORDINANCE UNTIL AFTER THE PREPARATION OF AN INITIAL STUDY AS REQUIRED BY THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA). 99-368 Memorandum of Agreement Concerning Floodplain Management - consideration of an amendment to the Memorandum of Agreement with the State Reclamation Board for floodplain management of areas adjacent to the Sacramento River - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN. (780} ITEM REMOVED FROM THE AGENDA. TO BE CONSIDERED AT A SUBSEQUENT MEETING. Page 376 November 9, 1999 November 9, 1999 ~" 99-369 Butte Regional Waste Management Authority - consideration of an agreement with the City of Biggs and Town of Paradise for the creation of a Regional Waste Management Authority - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (797) MOTION: I MOVE TO APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. S M VOTE: I Y 2 Y 3 Y 9 Y 5 Y (Unanimously Carried) 99-370 Year 2000 (Y2 K) Compliance Update - presentation to the Board regarding the status of County operating systems, embedded chip inventory, and staffing recommendations - action requested - ACCEPT FOR INFORMATION. (FROM 10-26-99} (920} PRESENTATION TO THE BOARD BY BOB BARNES, DIRECTOR-INFORMATION SYSTEMS. RECESS: 9:49 A.M. RECONVENE: 9:59 A.M. 99-371 Herger-Feinstein Quincy Library Group Forest Recovery Act - consideration of a position on the Herger-Feinstein Quincy Library Group Forest Recovery Act Final Environmental Impact Statement - action requested - TAKE POSITION ON PENDING APPEAL BEFORE THE UNITED STATES FOREST SERVICE; TAKE POSITION ON ALTERNATIVES 1 THROUGH 5; AND CONSIDER ANY OTHER ACTION RELEVANT TO POSITION ON UNITED STATES FOREST SERVICE ACTION. {DEVELOPMENT SERVICES [FROM 10-26-99]) (1316} MOTION: I MOVE TO SUPPORT THE QUINCY LIBRARY GROUP'S COLLABORATIVE EFFORT TO ADDRESS FOREST ISSUES. S M VOTE: 1 Y 2 N 3 N 4 Y 5 N (Motion Fails to Carry) BOARD DIRECTION THAT ADDITTONAL INFORMATION ON THE CURRENT APPEALS BEFORE THE UNITED STATES FOREST SERVICE BE PRESENTED TO THE BOARD BEFORE THIS ITEM IS CONSIDERED. Page 379 November 9, 1999 November 9, 1999 Public Hearing and Timed Items 99-372 Continued Public Hearing - Resource Conservation District - Consideration of a Resolution of Application by the Board of Supervisors requesting that the Local Agency Formation Commission (LAFCo) begin proceedings for the formation of the Butte County Resource Conservation District. Issues to be discussed include, but are not limited to: 1} the reasons for the formation of the district; 2) the recommended boundaries of the district which may include all or any portion of the County of Butte; 3) the methods by which the district will be financed; 4} consistency with the sphere of influence of any affected city or district; and 5) the determination of the number of members of the Board of Directors, and methods for their se~.ection. Pursuant to the Cortese-Knox Local Government Reorganization Act of 1985, commencing with Section 56000 of the California Government Code, the resolution of application, if approved, will be forwarded to LAFCo for consideration - action requested: A. ADOPT RESOLUTION AS AMENDED/TAILORED BY THE BOARD AND AUTHORIZE THE CHAIR TO SIGN; OR B. CONTINUE PUBLIC HEARING OPEN AND DIRECT STAFF TO OBTAIN FURTHER INFORMATION ON SPECIFIED ISSUES; OR C. CLOSE THE HEARING AND ADOPT A MOTION OF INTENT TO ADOPT A RESOLUTION, WITH DIRECTIONS TO STAFF ON HOW TO FINALIZE THE RESOLUTIONS; OR D. TAKE NO ACTION AND ABANDON THE PROCEEDINGS. (FROM 10-12-99} (2532} (**00) PUBLIC HEARING RECONVENED: 10:38 A.M. PUBLIC HEARING CLOSED: 10:53 A.M. MOTION: z MOVE TO ADOPT RESOLUTION 99-163 WHICH WILL DESIGNATE THE BOUNDARIES OF THE DISTRICT TO BE THE UNINCORPORATED AREAS OF THE COUNTY, EXCLUDING THE CURRENT AREA OF THE COUNTY ALREADY INCLUDED IN A RESOURCE CONSERVATION DISTRICT; THAT THE METHOD OF FINANCING FOR THE DISTRICT WILL BE THROUGH POTENTIAL GRANTS AND AN ADDITIONAL $6,000 GIVEN BY THE COUNTY; THAT THE BOARD OF THE DISTRICT WILL CONSIST OF 9 MEMBERS: 5 VOTING AND 4 NON-VOTING; AND THAT THE SELECTION OF THE MEMBERS WILL BE BY BOARD OF SUPERVISORS' APPOINTMENT, ONE FOR EACH DISTRICT, WITH THE 4 NON- VOTING MEMBERS TO BE COMPRISED OF TWO MEMBERS WHICH REPRESENT THE EAST SIDE OF THE COUNTY AND TWO MEMBERS WHICH REPRESENT THE WEST SIDE OF THE COUNTY, S M VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) RECESS: 11:00 A.M. RECONVENE: 11:05 A.M. Page 380 November 9, 1999 November 9, 1999 _ 99-373 Public Hearing - Butte County Department of Development Services - Zoning Code Amendment - consideration of a county-wide zoning code amendment (item determined to be categorically exempt from environmental review) regarding the development of a Wireless Communications Facilities Ordinance (RW-File# ZCA 99-03) - action requested: A. SUBJECT TO FINDING {A) AS DETAINED IN THE STAFF REPORT DATED NOVEMBER 9, 1999, DETERMINE THE PROPOSAL TO BE CATEGORICALLY EXEMPT FROM ENVIRONMENTAL REVIEW UNDER SECTION 15308 OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT GUIDELINES; AND B. SUBJECT TO FINDINGS II (1 AND 2) AS DETAILED IN THE STAFF REPORT DATED NOVEMBER 9, 1999, FIND THE PROPOSAL TO BE CONSISTENT WITH THE LAND USE ELEMENT AND ALL OTHER ELEMENTS OF THE GENERAL PLAN; AND ADOPT AN ORDINANCE CQVERING WIRELESS COMMUNICATIONS FACILITIES AS FOUND IN ATfiACHMENT "A" OF THE STAFF REPORT DATED NOVEMBER 9, 1999. (**464)(***00) PUBLIC HEARING OPENED: 11:35 A.M. PUBLIC HEARING CLOSED: 12:50 P.M. MOTION: I MOVE FOR A MOTION OF INTENT TO ADOPT A COUNTY-WIDE ZONING CODE AMENDMENT REGARDING THE DEVELOPMENT OF A WIRELESS COMMUNICATIONS FACILITIES ORDINANCE AS PRESENTED IN THE STAFF REPORT DATED NOVEMBER 9, 1999, WITH THE FOLLOWING AMENDMENTS: 1.} WITH REGARDS TQ LAND USE PERMITTING REQUIREMENTS IN SPECIFIED ZONE DISTRICTS, THE DISTANCE FOR THE PROHIBITION IS TO BE AMENDED FROM 300 FEET TO 1,000 FEET. AS PROVIDED FOR IN THE PROPOSED ORDINANCE, SHOULD AN APPLICANT REQUEST AN EXEMPTION TO THAT PROHIBITION, A HEARING BEFORE THE BOARD OF SUPERVISORS WILL BE REQUIRED, AND THE BURDEN OF PROOF SHALL BE ON THE APPLICANT TO ESTABLISH THE CONDITIONS REQUIRED FOR THE EXEMPTION; 2.) THE WORD VISIBLE IS TO BE REMOVED FROM PARAGRAPH "B", PAGE 1, OF THE PROPOSED ORDINANCE; 3.) PARAGRAPH 17, PAGE 10, IS TO READ, "PERMITS MAY BE LIMITED, AT THE COUNTY'S DISCRETION, FOR A 5 YEAR REVIEW BASED ON WHETHER THE APPLICANT IS USING THE BEST AVAILABLE TECHNOLOGY TO INSURE VISUAL UNOBTRUSIVENESS"; 4.) STAFF IS TO INCLUDE LANGUAGE IN PARAGRAPH 15, PAGE 10, TO PROVIDE FOR INCREASED AESTHETICS; 5.) PARAGRAPH 23, PAGE 11, IS TO INCLUDE LANGUAGE THAT PROVIDES THAT IF THERE IS A MISREPRESENTATION OF FACTS IN CONNECTION WITH AN APPLICATION, THE PERMIT SHOULD BE REVOKED; 6.) PARAGRAPH 1, PAGE 11, AGRICULTURAL ZONES STANDARDS, SHOULD INCLUDE LANGUAGE THAT STATES THAT STARTING WITH 10 FEET FROM THE GROUND UPWARD, ANY POLE LOCATED IN AN AGRICULTURAL ZONE SHALL BE PAINTED WITH ALTERNATING AVIATION ORANGE AND WHITE STRIPES; 7.) THE AMENDMENTS WILL INCLUDE ALL THOSE STAFF RECOMMENDATIONS AS DETAILED IN THE "ADDITIONAL CONSIDERATIONS" SECTION OF THE STAFF REPORT DATED NOVEMBER 9, 1999; AND 7.) STAFF WILL INCLUDE WORDING IN THE ORDINANCE ON PAGE 4, PARAGRAPH 4, THAT WILL STRENGTHEN THE USE OF STEALTH TECHNOLOGY. M S VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) Page 381 November 9, 1999 November 9, 1999 99--373 BOARD DIRECTION THAT THE AMENDMENTS MADE BY THE BOARD THAT WERE NOT CONSIDERED BY THE PLANNING COMMISSION ARE TO BE REFERRED TO THE PLANNING COMMISSION BEFORE THIS ITEM TS RETURNED TO THE BOARD. RECESS: 1:08 P.M. RECONVENE: 1:17 P.M. 99-374 Update on Transfer of Development Credits/Placement of Development Credits Program - action requested - ACCEPT FOR INFORMATION. {***1b27) PRESENTATION TO THE BOARD BY TOM PARILO, DEVELOPMENT SERVICES DIRECTOR. NOTICE WAS GIVEN THAT A WORKSHOP ON TRANSFER OF DEVELOPMENT CREDITS WILL BE HELD DECEMBER 1, 1999, AT THE CHICO MASONIC FAMILY CENTER. 99-375 Amendment of a Cost Share Agreement between the Department of Water Resources and the County of Butte Regarding the Rock Creek/Keefer Slough Flood Control Project Feasibility Study - consideration of an amendment to the Cost Share Agreement - action requested - APPROVE AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (***1823) MOTION: I MOVE TO APPROVE AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. M 5 VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y {Unanimously Carried) 99-376 Board Meeting Changes - consideration of changes to the Board meeting schedule for November and December - action requested - CANCEL BOARD MEETING OF NOVEMBER 23; MODIFY DECEMBER BOARD MEETING CALENDAR TO PROVIDE FOR BOARD MEETINGS ON DECEMBER 7, 14, AND 21. (***1859) MOTION: I MOVE TO CANCEL THE BOARD MEETING OF NOVEMBER 23, AND TO RESCHEDULE THE BOARD MEETINGS IN DECEMBER FOR DECEMBER 7, 14, AND 21, WITH THE MEETING OF DECEMBER 21, TO BE RECONSIDERED LATER IN DECEMBER. M S VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) Page 382 November 9, 1999 November 9, 1999 99-377 Items removed from the Consent Agenda for Board consideration and action. (***1984) 1. Computer File Server Purchase - Public Health - Board approval is requested by the Public Health Department to purchase a file server for the Environmental Health Division in the amount of $9,000 (department budget) - action requested - APPROVE PURCHASE OF A FIXED ASSET ITEM. MOTION: I MOVE TO APPROVE THE PURCHASE OF A FIXED ASSET ITEM. S M VOTE: l Y 2 Y 3 Y 4 Y 5 Y {Unanimously Carried) 2. 1998-99 Proposition 4 Budgeted Revenue Adjustment - Board approval is requested by the Auditor-Controller to increase/decrease budgeted 1998-99 revenues, where necessary, to ensure compliance with Proposition 4 requirements, and to make a technical correction to General Fund appropriations for financial statement presentation purposes - action requested - APPROVE BUDGET TRANSFER B-487. MOTION: I MOVE TO APPROVE BUDGET TRANSFERS B-487. M S VOTE: l Y 2 Y 3 Y 4 Y 5 Y {Unanimously Carried) 3. Assembly Bill 1661 - ERAF Fiscal Relief Legislation - AB 1661 provides one time ERAF related fiscal relief to counties, cities, and special districts, and implements new reporting requirements. In order to receive these one time revenues, the Board and Auditor-Controller are required to take certain actions - action requested - ADOPT A RESOLUTION IDENTIFYING AMOUNTS SHIFTED FROM EACH LOCAL AGENCY TO THE ERAF FUND IN 1998-99 AND AUTHORIZE THE CHAIR TO SIGN; AND DIRECT THE CHAIR TO REPORT REVENUE SHIFT AMOUNTS AND FILE RESOLUTION WITH THE STATE CONTROLLER AND DEPARTMENT OF FINANCE NOT LATER THAN DECEMBER 1, 1999. MOTION: I MOVE TO ADOPT RESOLUTION 99-162 IDENTIFYING AMOUNTS SHIFTED FROM EACH LOCAL AGENCY TO THE ERAF FUND IN 1998-99 AND AUTHORIZE THE CHAIR TO SIGN; AND DIRECT THE CHAIR TO REPORT REVENUE SHIFT AMOUNTS AND FILE RESOLUTION WITH THE STATE CONTROLLER AND DEPARTMENT OF FINANCE NOT LATER THAN DECEMBER 1, 1999. S M VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y {Unanimously Carried) Page 383 November 9, 1999 November 9 1999 99-378 Public Comment (PRESENTATIONS WILL BE LIMITED TO FIVE MINUTES. THE BOARD OF SUPERVISORS IS PROHIBITED BY STATE LAW FROM TAKING ACTION ON ANY ITEM IF IT IS NOT LISTED ON THE AGENDA.)(***2190){NONE) 99-379 CLOSED SESSION: The Board recessed at 1:33 p.m. to a closed session conference to discuss a public employee performance evaluation pursuant to Government Code Section 59957: County Counsel. (***2205) ALL OTHER CLOSED SESSION ITEMS LISTED ON THE AGENDA WERE REMOVEb WITHOUT DISCUSSION OR ACTION. RECONVENE: The Board reconvened at 2:43 p.m. from a closed session conference to discuss a public employee performance evaluation pursuant to Government Code Section 54957: County Counsel. {NO ANNOUNCEMENTS) Communications 99-380 Communications received and referred. (COPIES OF ALL COMMUNICATIONS ARE AVAILABLE IN THE CLERK OF THE BOARD OFFICE.) 1. Marsha L. Berkbigler, Director-Government Relations, AT&T Broadband and Internet Services, writes to the Administrative Office to give notice of programming changes to the AT&T Digital Cable service effective November 16, 1999. ADJOURNMENT: There being no further business before the Board the meeting was adjourned at 2:43 p.m. to reconvene at a Special Meeting of the Board to be held Friday, November 12, 1999, at 9:00 a.m. ATTEST: John S. Blacklock, Chief Administrative Officer and Cle of, the rd of Supervisors B Page 384 November 9, 1999