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HomeMy WebLinkAboutM112597 MINUTES BOARD OF SUPERVISORS R. J. BEELER, ~ st District JANE DOl11N, 2nd District MARY ANNE ROUX 3rd Distria CURT JOSIASSEN, 4th District FRED C. DAMS, 5th District November 25, 1997 Call to order - Board of Supervisors room, County Administration Building, 25 County Center Drive, Oroville. Present: Supervisors Beeler, Dolan, Houx, Josiassen and Chair Davis. John S. Blacklock, Chief Administrative Officer; Susan Minasian, County Counsel; and Carol Roach, Assistant Clerk of the Board. Pledge of allegiance to the Flag of the United States of America. Invocation - Reverend Stan Henderson, Trinity Presbyterian Church, oroville. 97-359 Report to the Board by Sob Barnes, Director-Information Systems - the status of the sound system in the Board of Supervisors room, and the steps he is tatting to attempt to get it operating properly at the earliest opportunity. Consent A ends 97-360 1. Approval of minutes - action requested - APPROVE MINUTES OF NOVEMBER 7, 1997, NOVEMBER 10, 1997, AND NOVEMBER 19, 1997. 2. Budget transfer - action requested - APPROVE BUDGET TRANSFER B-076 {COUNTY COUNSEL}. 3. County Service Area No. 84 {Canyon Park Estates Sewer District) - the Local Agency Formation Commission has approved the dissolution of CSA No. 84 and its co- terminus Sphere of Influence - action requested - ADOPT RESOLUTION 97-156 SETTING A PUBLIC HEARING FOR TUESDAY, DECEMBER 23, 1997 AT 10:00 A.M. 4. Fish and Game Commission - action requested - APPOINT CARYN MAIER AS SECRETARY OF THE COMMISSION. Page 310 November 25,1997 ~ ~ November 25, 1997 97-360 5. Pacific Gas and Electric Company and Pacific Hell - Easement and Right of Way Agreement - the agreement, for AP 011-520-021 (Fire Station 27 site}, in Centerville Canyon provides for a ten foot easement to construct appurtenances necessary for providing service to the County property - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. 6. Auditor-Controller - Board approval is requested for a budget transfer of $773 (Department budget) to cover the higher than anticipated cast for two computer workstations approved in the final budget - action requested - APPROVE BUDGET TRANSFER 8-077 AND PURCHASE OF FIXED ASSET ITEMS. 7. Award of bid no. 49-98 - Sheriff's Office - bids have been opened for the purchase of a 4x4 pickup truck for the Sheriff's Office with the low bidder meeting specifications being New Jackson Ford of Jackson in the amount of S22,340.13 - action requested - AWARD BID. 8. Award of bid no. 51-98 - sandbags - bids have been opened for the purchase of 100,000 poly sandbags for the Emergency Services Office in preparation for potential flooding this winter, with the low bidder being Alexander Bag Co. of Temecula, CA in the amount of $0.11 per bag for a total of 511,797.50, including tax - action requested - APPROVE BUDGET TRANSFER B-078 (APPROPRIATION FOR CONTINGENCIES-F10 GENERAL FZ]ND) AND AWARD BID. 9. Award of bid no. 50-98 - Farm Advisor - bids have been opened for the purchase of a used vehicle for Butte County Farm Advisor with the low bidder meeting specifications being Hoblit Motors of Colusa in the amount of $12,899,99 - action requested - AWARD BID. 10. Department of Social Welfare -- Board approval is requested for the purchase of six personal computers and two printers, not to exceed $16,031. This equipment will be used by the Auditor-Controller for Welfare Accounting activities and to produce County checks. Funding will come from savings realized in the purchase of a check/folder sealer previously approved by the Board on June 10, 1997 - action requested - APPROVE PURCHASE OF FIXED ASSETS. 11. Butte County Fair - 1998 proposed budget - Board approval is requested of the Fair's budget in the amount of $556,990, which includes a reserve of $81,806 {representing 14.7$ of total budget}. The request has been reviewed by Administration, Auditor-Controller and Treasurer-Tax Collector - action requested - APPROVE 1998 BUDGET AS REVISED BY THE AUDITOR-CONTROLLER AND AUTHORIZE THE CHAIR TO SIGN. Page 311 November 25, 1997 November 25. 1997 97-360 12. Adoption of a salary ordinance amendment - District Attorney/Family Support Division - reclassifying an incumbent Senior Account Clerk (salary range 1082, $1,729 monthly) to an Auditor-Accountant I (salary range 1152, S2,102} at a total cost for the 1997-98 fiscal year of $3,490 (Department budget). The proposed salary ordinance amendment flexibly staffs this position as Auditor-Accountant I/Accounting Specialist - action requested - ADOPT ORDINANCE 3366 AND AUTHORIZE THE CHAIR TO SIGN. (FROM 11-10-97} 13. Adoption of a salary ordinance amendment - Information Systems positions - the "Assessment of Problems and Analysis of Alternative Solutions in Butte County's Information Systems" submitted to the Board in October 1996 stated that the number of staff positions to maintain the County's Information Systems was inadequate; there was a lack of appropriate job descriptions for information systems staff filling those jobs, and there was no path for advancement in such positions. The Director-Personnel is recommending the implementation of a study which compared actual job duties and responsibilities with the current classification plan and standards to identify inconsistencies and address appropriate classification modification, and implements reclassifications for identified positions - action requested - ADOPT ORDINANCE 3367 AND AUTHORIZE THE CHAIR TO SIGN. (FROM 11-10-97) 14. A MATTER ON WHICH A PUBLIC HEARING HAS BEEN HELD - adoption of an Ordinance Enacting Butte Gounty Code Section 10-21.1, Entitled "Seasonal Closure of Portion of Humboldt Road in the Jonesville Area", and Amending Butte County Code Section 10-22, to be Entitled "Penalty for Violation of Section 10-21 and 10-21.1" - action requested - ADOPT ORDINANCE 336$ AND AUTHORIZE THE CHAIR TO SIGN. (FROM 11-10-97) 15. Introduction of a salary ordinance amendment wherein the Personnel Department recommends an increase in the Supervising Court Reporter's salary range from 1220 to 1230. The proposed amendment would take into consideration the increased responsibilities of the Supervising Court Reporter, and would create a 10$ differential between Court Reporter (salary range 1210) and Supervising Court Reporter (salary range 1230) consistent with current internal alignments. The current year cost is $1,332 (Department budget) - action requested - WAIVE READING OF THE ORDINANCE. Page 312 November 25, 1997 November 25, 1997 97-360 16. Introduction of a salary ordinance amendment - at the request of the District Attorney's Office, the Personnel Department has created a new classification of Investigative Assistant at salary range 1122 ($1,815- $2,207 monthly) to assist the District Attorney's Investigator staff in non-peace officer, law enforcement duties associated with family support and criminal cases. The newly created term position to expire June 30, 1998 has been met and conferred with and agreed upon by the appropriate bargaining unit, and will be fully funded by the State - action requested - WAIVE READING OF THE ORDINANCE. 17. Introduction of a salary ordinance amendment to extend one limited term position of Superintendent-Buildings and Grounds from December 31, 1997 to June 30, 1998 due to a long-term medical (workers' compensation) leave of absence. The department has been notified that the employee's medical leave has been extended until June 14, 1998. The General Services Director has indicated that adequate funding is available under existing appropriations - action requested - WAIVE READING OF THE ORDINANCE. 16. Introduction of an Ordinance Amending Section 3-60 Regarding Payment of Fees Chargeable by the Butte County Agricultural Commissioner - action requested - WAIVE READING OF THE ORDINANCE. 19. Approval of plans and specifications for construction of Afton Road Bridge across Lateral "A", Federal Bridge Replacement Project No. BRI,0-5912(005), County Project No. 16182-93-1 -- plans and specifications have been completed for the project - action requested - APPROVE PLANS AND SPECIFICATIONS; AUTHORIZE CHAIR AND DIRECTOR TO SIGN PLANS; ADOPT WAGE SCALE; AND AUTHORIZE PUBLIC WORKS TO ADVERTISE FOR BIDS, SUBJECT TO CALTRANS APPROVAL. 20. Notice of completion of work for installing roadway illumination on various Butte County roads, 43-BUT-O-CR STPLHG-5912(016), County Project No. SP-95-1 - 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 THE RECORDING OF THE NOTICE OF COMPLETION. 21. Butte Meadows Hillsliders Snowmobile Club - Amendment No. 3 - the amendment provides for continuation of snow plowing and grooming services in the Jonesville area for 1997-98 in an amount not to exceed $17,000 - action requested - APPROVE AMENDMENT NO, 3 AND AUTHORIZE THE CHAIR TO SIGN. Page 313 November 25, 1997 .-, ,-~ November 25. 1997 97-360 22. Airport Land Use Commission (ALUC)/County of Butte - proposed is a memorandum of understanding (MOU} for the purpose of assigning a designated primary staff member to serve the Commission. The MOU will provide a cooperative partnership between the Department of Development Services and ALUC while recognizing the Commission's responsibilities and independence under state law - action requested - APPROVE MOU AND AUTHORIZE THE CHAIR TO SIGN. 23. Chico Creek Healthcare Center -- proposed is the renewal of an agreement for the provision of two meals per day (lunch and dinner) for patients in the Butte County Alcohol, Drug and Mental Health Services (BCADMHS) Psychiatric Health Facility. The term of the agreement is July 1, 1997 through June 30, 1998 in the maximum amount of 581,180 (Realignment) - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract no. X10763) 24. Golusa County - Colusa County Health Services wishes to continue contracting with Butte County Alcohol, Drug and Mental Health Services (BCADMHS) to provide "acute psychiatric inpatient" care to residents of Colusa County who are referred for services by staff of Colusa County Mental Health at the BCADMHS Psychiatric Health Facility. The term of the agreement is July 1, 1997 through June 30, 1998 in the maximum amount of $10,000 (21.76 patient days) - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract no. R40038) 25. Willow Glen Care Center - proposed is Amendment A to the agreement for the provision of long-term residential care services, as an alternative to the higher cost Institutions for Mental Disease (IMD's) when possible for clients of Butte County Alcohol. Drug and mental Health Services. The amendment increases the maximum amount payable under the agreement from $39,200 to $49,200 (Realignment) - action requested - APPROVE AMENDMENT A TO THE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract no. X10785) 26. work Training Center for the Handicapped, Inc. - proposed is a renewal of the agreement for the provision of a program of vocationally oriented rehabilitative experiences to clients referred by Butte County Alcohol, Drug and Mental Health Services. The term of the agreement is July 1, 1997 through June 30, 1998 in the maximum amount of $74,494.25 (Realignment) - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract no. X10809) 27. Certification of Statement of Votes Cast at the Special Election in Palermo Union School District on November 4, 1997 - action requested - ACCEPT CERTIFICATION OF VOTES CAST. Page 314 November 25, 1997 November 25, 1997 97-360 28. Butte County Fish and Game Commission (Commission) - the California Department of Fish and Game eliminated one of four Fish and Game Wardens in Butte County. The Commission feels that this is very detrimental to the program in Butte County, and requests the Board to support the Commission's request to the California Department of Fish and Game to reinstate the warden position in Chico - action requested - DIRECT THE CHIEF ADMINISTRATIVE OFFICE TO PREPARE A LETTER OF SUPPORT AND AUTHORIZE THE CHAIR TO SIGN. 29. Butte County Mental Health Department - requests Board authorization to change the name of the department to the Butte County Department of Behavioral Health and the Butte County Mental Health Board name to the Butte County Behavioral Health Board - action requested - APPROVE DEPARTMENT NAME CHANGE TO BUTTE COUNTY DEPARTMENT OF BEHAVIORAL HEALTH AND ADOPT RESOLUTION 97-157 APPROVING NAME CHANGE TO BUTTE COUNTY BEHAVIORAL HEALTH BOARD AND AUTHORIZE THE CHAIR TO SIGN. MOTION: I MOVE TO APPROVE THE CONSENT AGENDA WITH THE AMENDMENT OF ITEM 3.16 AS FOLLOWS: "THE NEWLY CREATED TERM POSITION TO EXPIRE JUNE 30, 1998 HAS BEEN MET AND CONFERRED WITH AND AGREED UPON BY THE APPROPRIATE BARGAINING UNIT, AND WILL BE FULLY FUNDED BY THE STAT£." S M VOTE: l Y 2 Y 3 Y 9 Y 5 Y (Unanimously Carried) Regular Agenda 97-361 Appointments - commissions and committees. A. Appointments to committee vacancies. B. 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 BERRX GREEK COMMUNITY SERVICES DISTRICT (THREE DIRECTORS/FOUR YEAR TERMS); AND TABLE MOUNTAIN IRRIGATION DISTRICT (ONE DIRECTOR/FOUR YEAR TERM.} (FROM 11-10-97) (190) MOTION: I MOVE TO APPOINT RAY WINKELS AS A DIRECTOR OF THE UPHAM CEMETERY DISTRICT TO A FILL AN UNEXPIRED TERM ENDING JULY 1, 2000; DENNIS MORLAND AS A CONSTRUCTION MEMBER OF THE BOARD OF APPEALS FOR DISABLED ACCESS TO AN UNEXPIRED TERM ENDING JANUARY 18, 1999; RON COLVARD AND JODY CHEESMAN AS DIRECTORS OF BERRY CREEK COMMUNITY SERVICES DISTRICT TO TERMS TO EXPIRE DECEMBER 7, 2001; AND TO REAPPOINT JEANNE R. CHAFFIN AS A DIRECTOR OF TABLE MOUNTAIN IRRIGATION DISTRICT TO A TERM TO EXPIRE DECEMBER 7, 2001. M S VOTE: l Y 2 X 3 Y 4 Y 5 Y (Unanimously Carried} Page 315 November 25, 1997 November 25. 1997 97-362 Update on legislative and budget activities. {JOHN S. BLAGKLOCK, CHIEF ADMINISTRATIVE OFFICER, REPORTED ON THE VISIT TO BUTTE COUNTY YESTERDAY BY CURT CHILD, PRINCIPAL CONSULTANT FOR THE ASSEMBLY HUMAN SERVICES COMMITTEE, TO ASSESS THE IMPLEMENTATION OF WELFARE REFORM. MR. BLACKLOCK, SUPERVISOR BEELER AND CHAIR DAM S REPORTED ON THE CALIFORNIA STATE ASSOCIATION OF COUNTIES [CSAC] MEETING LAST WEEK IN SAN FRANCISCO.) 97-363 Report to the Board - a brief overview of existing California Highway Patrol activities in Butte County and information on the future direction of the Department - action requested - ACCEPT FOR Z23f'ORMATION. (486) ;REPORT TO THE HOARD BY D. BEASLEY, COI~iANDER, OROVILLE AREA AND AL SMITH, COMMANDER, CHICO AREA) 97-364 "El Nino Preparedness" for Highways and Bridges Program (Program) - Caltrans has notified the County that S20 million dollars statewide is available from the Federal Highways Administration for emergency "E1 Nino" preparedness projects. Public Works has identified seven projects, at an estimated total cost of $370,000, that are considered eligible under the Program - action requested - MAKE FINDINGS 1-5 (STAFF SUMMARY OF ACTION REQUESTED); AUTHORIZE THE DIRECTOR-PUBLIC WORKS TO ENTER INTO EMERGENCY "EL NINO" PREPAREDNESS PROJECTS; AND APPROVE BUDGET TRANSFER B-075 TRANSFERRING $370,000 FROM APPROPRIATIONS FOR CONTINGENCIES-ROAD FUNp TO ROAD CONSTRUCTION CONTRACTS TO PROVIDE THE APPROPRIATION FOR CONSTRUCTION. (813) MOTION: I MOVE TO MAKE FINDINGS 1-5 (STAFF' SUMMARY OF ACTION REQUESTED); AUTHORIZE THE DIRECTOR-PUBLIC WORKS TO ENTER INTO EMERGENCY "EL NINO" PREPAREDNESS PROJECTS; AND APPROVE BUDGET TRANSFER B-075 TRANSFERRING $370,000 FROM APPROPRIATIONS FOR CONTINGENCIES-ROAD FUND TO ROAD CONSTRUCTION CONTRACTS TO PROVIDE THE APPROPRIATION FOR CONSTRUCTION. S M VOTE: 1 X 2 Y 3 Y 9 Y 5 Y (Unanimously Carried) Page 316 November 25, 1997 November 25, 1997 97-365 County Clerk-Recorder -upgrade of computer system - proposed is an agreement with DFM Associates of Irvine, California for the purchase and installation of hardware and lease of Recorder's Information and Image Management System (RIIMS)software - action requested - APPROVE CONTRACT SUBJECT TO APPROVAL BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER AND AUTHORIZE THE CHAIR TO SIGN; APPROVE BUDGET TRANSFER B-079: AND PURCHASE OF FIXED ASSET ITEMS (EXHIBIT A DATED NOVEMBER 12, 1997) IN THE MAXIMUM AMOUNT OF $290,000 (RESTRICTED FUNDS). (992) MOTION: I MOVE TO APPROVE CONTRACT SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER AND AUTHORIZE THE CHAIR TO SIGN; APPROVE BUDGET TRANSFER B-079; AND PURCHASE OF FIXED ASSET ITEMS (EXHIBIT A DATED NOVEMBER 12, 1997} IN THE MAXIMUM AMOUNT OF $290,000 (RESTRICTED FUNDS). S M VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) 97-366 Items removed from the Consent Agenda for Board consideration and action. (NONE) 97-367 CLOSED SESSION: The Board recessed at 9:95 a.m. to a closed session conference with legal counsel for anticipated litigation: Initiation of litigation pursuant to Government Code Section 59956.9(c): One potential case, and significant exposure to litigation pursuant to Government Code Section 54956.9(b)(1}: one potential case, which is now titled actual litigation pursuant to Government Code Section 54956.9(a): County of Butte v. Kirk K. Cofer, et al. RECONVENE: The Board reconvened at 10:08 a.m. following a closed session conference with legal counsel for anticipated litigation: Initiation of litigation pursuant to Government Code Section 59956.9(c): One potential case, and significant exposure to litigation pursuant to Government Code Section 54956.9(b>(1): One potential case, which is now titled actual litigation pursuant to Government Code Section 59956.9(a): County of Butte v. Kirk K. Cofer, et al. (NO ANNOUNCEMENTS) Public Hearinos and Timed Items 97-368 Continued hearing - renaming of private roads in the Chico area - Olive Street and Polk Street (from McIntosh Avenue to End) to Old Ghico Way - action requested - ADOPT RESOLUTION APPROVING RENAMING OLIVE STREET AND POLK STREET (FROM McINTOSH AVENUE TO END) TO OLD CHICO WAY AND AUTHORIZE THE CHAIR TO SIGN. (FROM 10-14-97) (1212) (HEARING CONTINUED OPEN TO TUESDAY, FEBRUARY 10, 1998 AT 10:00 A.M.) Page 317 November 25, 1997 November 25. 1997 97-3b9 Public hearing - consideration of the adoption of an ordinance extending for an additional 22 months and 15 days an Urgency Interim Zoninq Ordinance to Establish AR-1 {Agricultural- Residential with one acre minimum lot size) Zone on Custer Lane in Oroville Enterprise Zone - action requested - ADOPT ORDINANCE AND AUTHORIZE THE CHAIR TO SIGN. {FROM 10-14-97) (1496) MOTION: I MOVE TO ADOPT ORDINANCE 3369 AND AUTHORIZE THE CHAIR TO SIGN. M S VOTE: I Y 2 Y 3 Y 9 Y 5 Y (Unanimously Carried) RECESS: 10:25 A.M. RECONVENE: 10:33 A.M. (SUPERVISOR DOLAN NOT PRESENT) 97-370 Continued hearing - Final Draft Butte County Sitinq Element and Final Draft Butte County Integrated Waste Management Plan (Summary Plan) - action requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO FINDINGS: A. AN INITIAL STUDY HAS BEEN CONDUCTED TO EVALUATE THE POTENTIAL FOR SIGNIFICANT ADVERSE ENVIRONMENTAL EFFECTS. THERE IS NO SUBSTANTIAL EVIDENCE IN LIGHT OF THE WHOLE RECORD THAT THE PROJECT MAY HAVE A SIGNIFICANT EFFECT ON THE ENVIRONMENT; AND B. A NEGATIVE DECLARATION HAS BEEN PREPARED PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA). THE NEGATIVE DECLARATION HAS BEEN CONSIDERED WITH OTHER AGENCY COMMENTS AND REFLECTS THE INDEPENDENT JUDGMENT OF THE BOARD OF SUPERVISORS. THE ENVIRONMENTAL DOCUMENTATION IS AVAILABLE FOR PUBLIC REVIEW AT THE BUTTE COUNTY DEPARTMENT OF PUBLIC WORKS; AUTHORIZE THE CHAIR TO SIGN THE NEGATIVE DECLARATION, NOTICE OF DETERMINATION; AND AUTHORIZE FILING OF THE NOTICE OF DETERMINATION. (FROM 10-26-97) (SUPERVISOR DOLAN PRESENT) MOTION: I MOVE TO ADOPT RESOLUTION 97-15$ AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO FINDINGS: A. AN INITIAL STUDY HAS BEEN CONDUCTED TO EVALUATE THE POTENTIAL FOR SIGNIFICANT ADVERSE ENVIRONMENTAL EFFECTS. THERE IS NO SUBSTANTIAL EVIDENCE IN LIGHT OF THE WHOLE RECORD THAT THE PROJECT MAY HAVE A SIGNIFICANT EFFECT ON THE ENVIRONMENT; AND B. A NEGATIVE DECLARATION HAS BEEN PREPARED PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA). THE NEGATIVE DECLARATION HAS BEEN CONSIDERED WITH OTHER AGENCY COMMENTS AND REFLECTS THE INDEPENDENT JUDGMENT OF THE BOARD OF SUPERVISORS. THE ENVIRONMENTAL DOCUMENTATION IS AVAILABLE FOR PUBLIC REVIEW AT THE BUTTE COUNTY DEPARTMENT OF PUBLIC WORKS; AUTHORIZE THE CHAIR TO SIGN THE NEGATIVE DECLARATION, NOTICE OF DETERMINATION; AND AUTHORIZE FILING OF THE NOTICE OF DETERMINATION. S M VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) Page 31B November 25, 1997 r--, ~ November 25. 1997 97-371 Public Comment. (PRESENTATIONS WILL BE LIMITED TO FIVE MINUTES. THE $OARD OF SUPERVISORS IS PROHIBITED BY STATE LAW FROM TAKING ACTION ON ANY ITEM PRESENTED IF IT IS NOT LISTED ON THE AGENDA.) (NONE} 97-372 CONFERENCE WITH LEGAL COUNSEL - ACTUAL LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a): 1. Deorle v. Rutherford CONFERENCE WITH REAL PROPERTY NEGOTIATOR PURSUANT TO GOVERNMENT CODE SECTION 59956.6: Property: 1002 East Sixteenth street, Chico Negotiating parties: County of Butte, Chico Unified School District, Chico Area Recreation and Park District, City of Chico, and Janice Gibson Trust/Jackie McKinney. Under negotiation: Price, terms and conditions of potential sale. MOTION: I MOVE, PURSUANT TO GOVERNMENT CODE SECTION 54954.2{b){2}, THAT THERE IS A NEED TO TAKE, IMMEDIATE ACTION AND THAT THE NEED FOR ACTION CAME TO THE ATTENTION OF THE LOCAL AGENCY SUBSEQUENT TO THE AGENDA BEING POSTED AS SPECIFIED IN GOVERNMENT CODE SECTION 54954.2(a). M S VOTE: l Y 2 Y 3 Y 4 Y 5 Y {Unanimously Carried) 97-373 CLOSED SESSION: The Board recessed at 11:50 a.m. to a closed session conference with legal counsel for actual litigation pursuant to Government Code Section 54956.9(a): 1. Fox v. State of California; 2. Perkins v. Butte County; 3. Jeannie Bisagno-Weill v. Butte County; 4. Viacom v. Butte County; 5. Wilton-Putnam v. County of Butte, a workers' compensation claim; and 6. Deorle v. Rutherford; public employee discipline/dismissal/release pursuant to Government Code Section 54957; a conference with labor negotiator pursuant to Government Code Section 59957.6: Agency Negotiator: Bill Avery; Employee organizations: Butte County Employees Association; Butte County Management Employees Association; Social Services Workers Unit; and Butte County Law Enforcement Officers Association (General Unit and Management-Supervisory Unit); and a conference with real property negotiator pursuant to Government Code Section 54956.8: Property: 1002 East Sixteenth Street, Chico; Negotiating parties: County of Butte, Chico Unified School District, Chico Area Recreation and Park District, City of Chico, and ,7anice Gibson Trust/Jackie McKinney; under negotiation: Price, terms and conditions of potential sale. Page 319 November 25, 1997 November 25, 1997 RECESS: 12:00 P.M. TO 12:30 P.M. 97-373 RECONVENE: The Board reconvened at 1:05 p.m. following a closed session conference with legal counsel for actual litigation pursuant to Government Code Section 54956.9(a}: 1. Fox v. State of California; 2. Perkins v. Butte County; 3. Jeannie Bisagno-Weill v. Butte County; 4. Viacom v. Butte County; 5. Wilton-Putnam v. County of Butte, a workers' compensation clai;a; and b. Deorle v. Rutherford; public employee discipline/dismissal/release pursuant to Government Code Section 54957; a conference with Labor negotiator pursuant to Government Code Section 54957.b: Agency Negotiator: Bill Avery; Employee organizations: Butte County Employees Association; Butte County Management Employees Association; Social Services Workers Unit; and Butte County Law Enforcement Officers Association {General Unit and Management-Supervisory Unit}; and a conference with real property negotiator pursuant to Government Code Section 54956.8: Property: 1002 East Sixteenth Street, Chico; Negotiating parties: County of Butte, Chico Unified School District, Chico Area Recreation and Park District, City of Chico, and Janice Gibson Trust/Jackie McKinney; under negotiation: Price, terms and conditions of potential sale. (NO ANNOUNCEMENTS) Communications 97-379 Communications received and referred. {COPIES OF ALL COMMUNICATIONS ARE AVAILABLE IN THE CLERK OF THE BOARD OFFICE.} A. Jack Pirisky, Deputy State Eire Marshal, California Department of Forestry and Fire Protection - forwards the repozt of the inspection of the Butte County Juvenile Hall recently conducted in accordance with Section 13146.1 of the California Health and Safety Code. (REFER TO CHIEF ADMINISTRATIVE OFFICER AND GENERAL SERVICES DIRECTOR) B. Robert E. Michener, Chairman, Ingo County Board of Supezvisors - writes to the Board regarding the future impacts of Certified Unified program Agency "CUPA" on the County regulated community and programs, and invites Butte County, a non-certified "CUPA" county, to attend a meeting on Wednesday, November 19, 1997 at the San Francisco Airport Hyatt. (REFER TO DIRECTOR-PUBLIC HEALTH [ENVIRONMENTAL HEALTH] AND THE CHIEF ADMINISTRATIVE OFFICER} Page 320 November 25, 1997 .-- --. November 25. 1997 97-374 C. Mike Trinca, District Manager, Paradise Recreation and Park District (District) - forwards to the County a copy of the current lease agreement between the County and the District for property located on the Skyway near Elliott Road in Paradise, which was approved on December 12, 1978 and ends March 4, 1998. The District desires that the County grant this land to the ownership of the District or extend the lease for an additional 20 years. {REFER TO CHAIR DAM S, CHIEF ADMINISTRATIVE OFFICER AND GENERAL SERVICES DIRECTOR) D. Marc Nemanic, Executive Director, Tri-County Economic Development Corporation - writes to the Board expressing Tri-County EDC's desire to assist Butte County in effectively implementing AB 1542, which created the Job Creation Investment Emend. This Fund is intended to link economic development activities to welfare reform for the purpose of job creation. (REFER TO DIRECTOR-SOCIAL WELFARE AND CHIEF ADMINISTRATIVE OFFICER} E. Michael Lytie, General Manager, TCI of California - advises the County that the United States Court of Appeals for the Fifth Circuit, on July 31, 1997 reversed the Federal Communications Commission {FCC) decision that Federal fees collected from cable customers are not gross revenues subject to franchise fees. In compliance with this Court's interpretation of Federal law, TCI will include franchise fees collected from customers in gross revenues for the purpose of calculating franchise fee payments as of September 22, 1997, the date the decision became effective. Accordingly, the franchise fee itemized on customer's monthly billing statements will be adjusted to allow for recovery of the increased franchise fee payment. (ACCEPT FOR INFORMATION) F. Kate Foqle, Executive Director (CCYFC} - California Child, Youth and Family Coalition - writes on behalf of CCYFC to let the Board know of their interest in the implementation of the Comprehensive Youth Services Act. (REFER TO CHIEF PROBATION OFFICER, DIRECTOR-SOCIAL WELFARE AND CHIEF ADMINISTRATIVE OFFICER) G. William H. Hauselt, Livermore, CA - writes to the Board requesting aid to help him perform his duty to respond to the code enforcement citation he received on October 22, 1997, and a request for an open meeting before the Board as goon as possible on the Keefer area drainage problems. (REFER TO CHIEF ADMINISTRATIVE OFFICER) Page 321 November 25, 1997 November 25 1997 ADJOURNMENT: ATTEST: John S. Blacklock, Chief Administrative Officer and lerk of the oard of Supervisors Hy: Page 322 November 25, 1997 There being no further business before the Board, the meeting was adjourned at 1:05 p.m. to reconvene on Tuesday, December 9, 1997 at 9:00 a.m.