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HomeMy WebLinkAboutM120500BOARD OF SUPERVISORS MINUTES R.J. BEELER, 1st District JANE DOLAN, 2nd District MARY ANNE HOUX, 3rd District CURT JOSIASSEN, 4th District FRED C. DAVIS, 5th District December 5, 2000 Call to Order - Board of Supervisors Room, County Administration Building, 25 County Center Drive, Oroville. Supervisors present: Beeler, Houx, Davis, and Chair Dolan. Not present: Supervisor Josiassen. Also present: John S. Blacklock, Chief Administrative Officer; Bruce Alpert, County Counsel; and Marion Reeves, Assistant Clerk of the Board. Pledge of Allegiance to the Flag of the United States of America. Invocation - Pastor Dave Hayes, Magalia Community Church, Magalia. CHAIR DOLAN EXPRESSED THE BOARD'S EXTREME SORROW AT THE RECENT LOSS OF JIM WAUGH, WHO PASSED AWAY THIS LAST WEEKEND. JIM WAS A 37-YEAR COUNTY EMPLOYEE WITH THE PUBLIC WORKS DEPARTMENT. CHAIR DOLAN EXPRESSED THE BOARD'S CONDOLENCES TO WAUGH FAMILY, AND TO THE PUBLIC WORKS DEPARTMENT. 00-370 Items removed from the Consent Agenda for Board consideration and action. 1. Private Industry Council - Board approval is requested by the Department of Social welfare for an agreement with the Private Industry Council for the provision of employment services to CalWORKs recipients. The term of the agreement is July 1, 2000, through June 30, 2001, with a maximum amount payable of $600,000 (department budget) - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X11831) THIS ITEM REMOVED FROM THE AGENDA WITHOUT BOARD CONSIDERATION OR ACTION. Consent Acrenda 00-371 1. Approval of Minutes - action requested - APPROVE MINUTES OF OCTOBER 24, 2000; AND NOVEMBER 14, 2000. Page 398 December 5, 2000 December 5, 2000 00-371 2. Oroville Mosquito Abatement District - action requested - APPOINT CHARLOTTE D'AMICO, TRUSTEE, TO A VACATED TERM TO END DECEMBER 31, 2001. 3. Final Map - Autumn Park Subdivision, Phase III - 22 lots located on the north side of Autumn Park Drive, approximately 1,000 feet west of the intersection of Garner Lane, north Chico area. The developer has provided bonds to guarantee completion of the required road and drainage improvements. The developer has also provided bonds for the maintenance of said facilities for a period of one year following completion of construction - action requested - APPROVE FINAL MAP; ACCEPT THOSE PORTIONS OF AUTUMN PARK DRIVE, BOSC COURT, AND MAGNESS COURT AS OFFERED FOR DEDICATION TO THE COUNTY, IN FEE SIMPLE, IN ITEM "A" OF THE OWNER'S STATEMENT; ACCEPT EASEMENT AS OFFERED FOR DEDICATION TO THE COUNTY IN ITEMS "B", "C", AND "D" OF THE OWNER'S STATEMENT, ON BEHALF OF THE ENTITIES NAMED; ACCEPT RELINQUISHMENT OF ALL ABUTTER'S RIGHTS OF ACCESS AS OFFERED TO THE COUNTY IN ITEM "E" OF THE OWNER'S STATEMENT; NOTE THAT THE EMERGENCY ACCESS EASEMENT AS OFFERED IN ITEM "F" OF THE OWNER'S STATEMENT IS NOT ACCEPTED AT THIS TIME; AND AUTHORIZE THE CHAIR TO SIGN THE SUBDIVISION AGREEMENT. 4. Final Map - Country Commons, Planned Unit Development, Unit III - 4 lots located at the south end of Trades way, approximately 150 feet south of Gorrill Lane, Durham area - action requested - APPROVE FINAL MAP; ACCEPT LOT "C" AS OFFERED FOR DEDICATION TO THE COUNTY FOR THE PURPOSES SET FORTH, AND ON BEHALF OF THOSE ENTITIES NAMED ON THE OWNER'S STATEMENT; AND AUTHORIZE THE CHAIR TO SIGN SUBDIVISION AGREEMENT. 5. Land Conservation Act Inclusions - the Land Conservation Act Advisory Committee unanimously voted to recommend the following inclusions into Land Conservation Act Agreements: Michael F. LaMantia, 219 acres (APN 021-020- 023); Larry and Elizabeth Cox, 134.70 acres (APNs 039- 230-064, 081 and 086); and Mattie Z. Keeley, 279.91 acres (APN 022-130-038) - action requested - APPROVE AGREEMENTS AND AUTHORIZE THE CHAIR TO SIGN; AND DIRECT RECORDING OF AGREEMENTS. Page 399 December 5, 2000 December 5, 2000 00-371 6. Treasury Video Security System - Board approval is requested by the Treasurer-Tax Collector to purchase a video security system in the estimated amount of $6,000 (department budget) to provide for increased security for the County Treasury. Funding for the acquisition will be provided through increased unanticipated revenue from treasury cost reimbursements - action requested - APPROVE INCREASE IN ESTIMATED TREASURY COST REIMBURSEMENT REVENUE OF $6,000; APPROVE BUDGET TRANSFER B-100; AND APPROVE PURCHASE OF VIDEO SECURITY SYSTEM. 7. Public Health Vehicle - Board approval is requested by the Public Health Department for a budget transfer in the amount of $700 (department budget) to cover the cost of a truck for the Animal Control division. The fiscal year 2000-2001 final budget approved $16,000 for the purchase of a vehicle, however, the lowest bid received was $16,700 - action requested - APPROVED BUDGET TRANSFER B-097; AND APPROVE PURCHASE OF A FIXED ASSET ITEM IN THE INCREASED AMOUNT OF $16,700. 8. Monthly Investment Report - the Treasurer-Tax Collector submits the October 31, 2000, report in accordance with the Butte County Statement of Investment Policy dated July 1, 2000 - action requested - ACCEPT FOR INFORMATION. 9. Family Bridges - First Offender Program - Board approval is requested by the Probation Department to accept and appropriate $500,000 in grant funds received from the Office of Criminal Justice Planning for the implementation of the Family Bridges Program in Oroville and Paradise. The program is designed to prevent juvenile criminal behavior among at-risk youth. The term of the grant is July 1, 2000, through June 30, 2002, and Federal Financial Participation matching funds in the amount of $500,000 will provide continued funding for the program. The objectives of the program are achieved through the collaborative effort of several agencies, and Board approval is also requested to prepare the necessary agreements and/or salary ordinances required to implement the program - action requested - ACCEPT GRANT FUNDS; AND AUTHORIZE THE PROBATION DEPARTMENT TO PREPARE AND RETURN TO THE BOARD NECESSARY ACTIONS REQUIRED TO IMPLEMENT THE PROGRAM. Page 400 December 5, 2000 December 5, 2000 00-371 10. State Department of Alcohol and Drug Programs - Board approval is requested by the Butte County Department of Behavioral Health to accept and appropriate unanticipated revenue in the amount of $150,032.75 received from the State Department of Alcohol and Drug Programs as a result of increased drug and alcohol negotiated net amount allocations. The funds will be used for future drug and alcohol contracts, and as the department's contribution to the County's tobacco cessation, education and intervention services program - action requested - APPROVE BUDGET TRANSFER B-099 (4/5 vote required) ACCEPTING AND APPROPRIATING UNANTICIPATED STATE REVENUE. 11. California Department of Mental Health - Board approval is requested by the Butte County Department of Behavioral Health to accept and appropriate $531,250 in unanticipated grant revenue received from the California Department of Mental Health for funds in support of a program to serve homeless adults with serious mental illness. Board approval is also requested to approve the purchase of the following fixed assets in support of the program: a van, a car, and a software package for reporting purposes - action requested - APPROVE BUDGET TRANSFER B-098 (4/5 vote required) ACCEPTING AND APPROPRIATING UNANTICIPATED GRANT REVENUE; AND APPROVE PURCHASE OF FIXED ASSET ITEMS. 12. Butte County Children and Families Commission - Annual Audit - pursuant to Butte County Ordinance No. 3555, the Butte County Children and Families Commission submits its audit and report for the fiscal year ending June 30, 2000 - action requested - ACCEPT FOR INFORMATION. 13. Adoption of a Salary Ordinance Amendment - the Public works Department has requested the Personnel Department prepare a salary ordinance amendment which will add one position of Associate Surveyor, and one position of Administrative Analyst II to the Public works Department - Land Development Division in response to the increased work load caused by water and flood programs - action requested - ADOPT ORDINANCE 3652 AND AUTHORIZE THE CHAIR TO SIGN. (FROM 11-14-00 [3.17]) 14. Adoption of a Salary Ordinance Amendment - the Probation Department has requested the Personnel Department prepare a salary ordinance amendment which will correct the budget unit allocation of a term position of Probation Officer III/II/I from 420-001 (Probation - Juvenile Hall), to 430-001 (Probation). The original ordinance was approved by the Board on September 26, 2000 - action requested - ADOPT ORDINANCE 3653 AND AUTHORIZE THE CHAIR TO SIGN. (FROM 11-14-00 [3.18]) Page 401 December 5, 2000 December 5, 2000 00-371 15. Adoption of a Salary Ordinance Amendment - the Public Health Department has requested the Personnel Department prepare a salary ordinance amendment which adds one position of Public Health Nurse III/II/I in support of the California Children's Services program. The State Department of Health Services has authorized 1000 funding for the position - action requested - ADOPT ORDINANCE 3654 AND AUTHORIZE THE CHAIR TO SIGN. (FROM 11-14-00 [3.19] ) 16. Adoption of a Salary Ordinance Amendment - the Facilities Services Division has requested the Personnel Department prepare a salary ordinance amendment which reclassifies one position of Administrative Analyst III/II/I to one position of Facilities Project Specialist in response to a reclassification study. The ordinance also provides for the division's name change in the salary ordinance from "Administrative - Buildings and Grounds Maintenance" to "Administrative - Facilities Services" - action requested - ADOPT ORDINANCE 3655 AND AUTHORIZE THE CHAIR TO SIGN. (FROM 11-14-00 [3.20]) 17. Adoption of a Salary Ordinance Amendment - the Public Health Department has requested the Personnel Department prepare a salary ordinance amendment which increases the monthly salary rate of the Director of Environmental Health position from $4,373-$5,316 to $4,880-$5,932 in response to a review and update of the job specifications. This change will make the position equivalent in pay to the Director of Public Health Nursing position - action requested - ADOPT ORDINANCE 3656 AND AUTHORIZE THE CHAIR TO SIGN. (FROM 11-14-00 [3.21] ) 18. Adoption of a Salary Ordinance Amendment - the Butte County Department of Behavioral Health has requested the Personnel Department prepare a salary ordinance amendment which adds one position of Supervisor-Mental Health Clinician, and two positions of Senior Mental Health Counselor/Mental Health Counselor/Mental Health worker in response to the increased need for services for CalwORKs recipients. Funding for the positions has been made available through increased CalwORKs allocations - action requested - ADOPT ORDINANCE 3657 AND AUTHORIZE THE CHAIR TO SIGN. (FROM 11-14-00 [3.23]) Page 402 December 5, 2000 December 5, 2000 00-371 19. Adoption of a Salary Ordinance Amendment - the Butte County Department of Behavioral Health has requested the Personnel Department prepare a salary ordinance amendment which adds one Supervising Health Education Specialist position in support of the Drop-In Center expansion for south Butte County. Funding for the position is available through grant funds for the program - action requested - ADOPT ORDINANCE 3658 AND AUTHORIZE THE CHAIR TO SIGN. (FROM 11-14-00 [3.24]) 20. Removal from the Agenda - Adoption of a Salary Ordinance Amendment - the Personnel Department has requested this item be removed from the agenda without Board action. The ordinance, introduced on November 14, 2000, contained errors which will be corrected through the adoption of a subsequent comprehensive salary ordinance. The ordinance requested the deletion of one position of Supervisor- Rabies Control, and four positions of Rabies Control Officer; and the addition of one position of Supervisor- Animal Control, and four positions of Animal Control Officer. The changes were being proposed to bring the job titles and specifications into conformance with the current duties. There were no salary adjustments included with the proposed changes - action requested - REMOVE ITEM FROM THE AGENDA WITHOUT BOARD ACTION. (FROM 11-14-00 [3.22]) 21. Introduction of a Salary Ordinance Amendment - the Personnel Department has prepared a salary ordinance amendment which incorporates the addition of the Local Agency Formation Commission (LAFCo) budget unit into the salary ordinance, and establishes the classifications of LAFCo Executive Officer and LAFCo/Administrative Support Services Assistant - action requested - WAIVE READING OF THE ORDINANCE. 22. Introduction of a Salary Ordinance Amendment - the welfare Department has requested the Personnel Department prepare a salary ordinance amendment which will convert one extra-help Specialist-Public Guardian/Public Administrator position, and one extra-help Paralegal position to regular help positions. These positions will continue to assist in reducing the backlog of cases pending in the department, and to help provide enhanced services. Funding is available using Adult Protective Services funds, and Board approval is also requested to approve the necessary transfer of the funds to provide for the position costs - action requested - WAIVE READING OF THE ORDINANCE; AND APPROVE BUDGET TRANSFER B-104 (4 /5 vote required) ACCEPTING, APPROPRIATING, AND ALLOCATING POSITION FUNDING. Page 403 December 5, 2000 December 5, 2000 00-371 23. Introduction of a Salary Ordinance Amendment - the Personnel Department is requesting Board approval for a salary ordinance amendment which will flexibly staff the Office Assistant III position in the Personnel Office to an Office Assistant III/II/I-Secretary II/I position. Flexibly staffing the position will provide the department greater flexibility in the assignment of critical job tasks, promote retention capability and enhanced recruitment opportunities - action requested - WAIVE READING OF THE ORDINANCE. 24. Introduction of a Salary Ordinance Amendment - the Agricultural Commissioner has requested the Personnel Department prepare a salary ordinance amendment which will add the position of Deputy Agricultural Commissioner, as approved in the fiscal year 2000-2001 budget - action requested - WAIVE READING OF THE ORDINANCE. 25. Introduction of a Salary Ordinance Amendment - the Butte County Department of Behavioral Health has requested the Personnel Department prepare a salary ordinance amendment which will adjust the hourly compensation rate of the Forensic Services Coordinator position from $18.27-$22.21 to $19.25-$23.39 (retroactive to July 8, 2000) to incorporate the July 2000 market adjustment, and to maintain historical salary relationship between the positions of Senior Psychiatric Technician and Forensic Services Coordinator - action requested - WAIVE READING OF THE ORDINANCE. 26. Introduction of a Salary Ordinance Amendment - the Butte County Department of Behavioral Health has requested the Personnel Department prepare a salary ordinance amendment which adds five and one-half positions of Senior Mental Health Counselor/Mental Health Counselor/Mental Health worker; one position of Mental Health Clinician II/I; and one position of Office Assistant III/II/I in support of the program to serve homeless adults with serious mental illness. Funding for the positions is available from a grant received from the California Department of Mental Health - action requested - WAIVE READING OF THE ORDINANCE. 27. Resolution Approving Final Disadvantaged Business Enterprise (DBE) Program and Established Overall Annual Goal for Federal Fiscal Year 2001 - Board approval is requested by the Public works Department for a resolution which will approve the final DBE Program and Overall Annual Goal for DBE participation, as required by Department of Transportation regulations as a condition of federal financial assistance - action requested - ADOPT RESOLUTION 00-143 AND AUTHORIZE THE CHAIR TO SIGN. Page 404 December 5, 2000 December 5, 2000 00-371 28. Resolutions of Appreciation for Local News Media - Board approval is requested by the Children's Services Coordinating Council for resolutions of appreciation to the Chico News and Review, the Chico Enterprise Record, KHSL, and KNVN for their support of the campaign to increase awareness of the Frank watters Children's Trust Fund. The trust fund was developed as a mechanism for citizens to make tax deductible donations which help fund child abuse and neglect prevention programs - action requested - ADOPT RESOLUTIONS 00-144, 00-145, 00-146, AND 00-147 AND AUTHORIZE THE CHAIR TO SIGN. 29. Roadway Rehabilitation on Skyway, County Project No. 51261-3-99-1 - Contract Change Order (CCO) No. 1, and Notice of Completion - CCO No. 1, in the increasing amount of $82,011.49 provides for the additional roadway rehabilitation of a segment of Skyway from Dogtown Road to South Park Drive. Funding for the additional section was provided by State Transportation Improvement Program funds. All contract work has been completed in accordance with plans and specifications - action requested - APPROVE CCO NO. 1 AND AUTHORIZE THE CHAIR TO SIGN; ACCEPT CONTRACT WORK; AUTHORIZE THE CHAIR TO SIGN NOTICE OF COMPLETION; AND DIRECT RECORDING OF THE NOTICE OF COMPLETION. 30. Summary Abandonment of Portions of Neal Road - Board approval is requested by the Public works Department for a summary abandonment of portions of Neal Road in response to the completion of a construction project between 3.0 miles and 5.0 miles northwest of State Highway 99. Portions of the Neal Road right-of-way are no longer necessary or required for road purposes, as they have been superseded by relocation - action requested - ADOPT RESOLUTION 00-148 FOR SUMMARY ABANDONMENT AND AUTHORIZE THE CHAIR TO SIGN. 31. Nielsen, Merksamer, Parrinello, Mueller and Naylor, LLP - Amendment - Board approval is requested by the Administrative Office for an amendment to the agreement with Nielsen, Merksamer, Parrinello, Mueller and Naylor, LLP, for the provision of lobbying services for Butte County. The amendment extends the current agreement for one year, and has a maximum amount payable of $35,000 (department budget). All other provisions shall remain in full force and effect, and are re- affirmed as originally stated - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X10817) Page 405 December 5, 2000 December 5, 2000 00-371 32. City of Chico - Agreement for Extension of Sewer Services and Installation of Public Improvements in the Chico Urban Area - consideration of an agreement with the City of Chico for the extension of sewer services, and the installation of certain public improvements in the Chico Urban Area in support of the Nitrate Compliance Plan - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. 33. Employment Agreement Amendment - Gary House - Director of Public Health - Board approval is requested for an amendment to the employment agreement with Gary House for the position of Director of Public Health. The amendment will provide for Mr. House's two separate periods of employment with the County to be considered consecutive for the purposes of vacation accrual, and for the provision of a $70 per month cellular telephone allowance - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. 34. State Department of Community Services and Development - Amendment - Board approval is requested by the Butte County Department of Behavioral Health for an amendment to the revenue agreement with the State Department of Community Services and Development for funds in support of the mentoring program provided to at-risk youths. The amendment provides for additional funding in the amount of $33,750, with all other terms and provisions to remain the same - action requested - ADOPT RESOLUTION 00-149 APPROVING AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN; APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR- CONTROLLER; AND APPROVE BUDGET TRANSFER B-079 (4 /5 vote required) ACCEPTING AND APPROPRIATING UNANTICIPATED REVENUE. 35. William J. Taetzsch, Ph.D. - Amendment - Board approval is requested by the Butte County Department of Behavioral Health (BCDBH) for an amendment to the agreement with William J. Taetzsch, Ph.D., for the provision of specialty mental health services to BCDBH clients within the requirements of Phase II Medi-Cal Specialty Mental Health Consolidation. The amendment provides for the inclusion of necessary language regarding compliance with Title XIX of the Social Security Act. All other terms and provisions remain the same - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X11718) Page 406 December 5, 2000 December 5, 2000 00-371 36. Lou Ann Rupp Mueller, General Partner, Oroville Professional Arts Center - Board approval is requested by the Butte County Department of Behavioral Health for a lease agreement with Lou Ann Rupp Mueller, General Partner, Oroville Professional Arts Center, for the property located at 2856 Olive Highway, Suites A, B, and C, Oroville. The location will be utilized by the Youth Services Division as a counseling and family health education center. The term of the agreement is July 1, 2000, through June 30, 2002, with a monthly lease amount of $1,614.60 (department budget) - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X11836) 37. 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 470 Rio Lindo Avenue, Suite 1, Chico. The property will be utilized by the Youth Services Division for administration and day treatment programs. The term of the lease is November 1, 2000, through October 31, 2004, with a maximum amount payable of $52,028 (department budget) for the multi-year term. The amount of infill costs will be $4,700 (department budget) and the lessors are providing 2 months of rent free as their contribution toward infill costs - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X11853) 38. Brown's River Records Preservation Services - Amendment - Board approval is requested by the Clerk of the Board for an amendment to the agreement with Brown's River Records Preservation Services for preservation and restoration of the Board's historical records books. The amendment extends the term of the agreement through June 30, 2003, with a maximum amount payable of $15,000 per year (department budget) - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X10814) 39. Accela.Com - Board approval is requested by the Development Services Department for an agreement with Accela.Com for the implementation of a computer system which will provide for electronic permitting. The agreement has a maximum amount payable of $44,553 (department budget). Board approval is also requested for the fixed asset purchase of a computer server and peripherals for the system in an amount not to exceed $7,950 (department budget) - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN; AND APPROVE PURCHASE OF FIXED ASSET ITEMS. (Contract No. X11859) Page 407 December 5, 2000 December 5, 2000 00-371 40. State Board of Control - Board approval is requested by the Probation Department for a reimbursement agreement with the State Board of Control which will provide for the County to establish a reimbursement procedure for the payment of verified funeral and burial expenses, and verified domestic violence relocation emergency awards. The term of the agreement is July 1, 2000, through June 30, 2001, with a maximum amount payable to the County of $40,000 (State funds) - action requested - ADOPT RESOLUTION 00-150 APPROVING AGREEMENT AND AUTHORIZING THE CHIEF PROBATION OFFICER TO SIGN AGREEMENT ON BEHALF OF THE COUNTY, AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. R40272) 41. Juvenile Crime Enforcement and Accountability Challenge Grant Program - Juvenile Justice Coordinating Council - Board approval is requested by the Chief Probation Officer for a resolution which re-organizes the Butte County Juvenile Justice Coordinating Council, and authorizes the Chief Probation Officer to apply for funding and to administer contracts under the Schiff- Cardenas Crime Prevention Act of 2000. The revised composition of the committee shall be: the Chief Probation Officer as Chair; the District Attorney or one designee; the Public Defender Executive Officer or one designee; the Sheriff or one designee; two Board of Supervisors' members or their designees; the Director of welfare Services or one designee; the Director of Behavioral Health or one designee; the Chief Executive or Administrative Officer of the Employee Assistance Program or one designee; the Chief of Police for the City of Chico or one designee; the Chief of Police for the City of Gridley or one designee; the Chief of Police for the City of Oroville or one designee; the Chief of Police for the Town of Paradise or one designee; the Superintendent of the Butte County Office of Education or one designee; the Chief Executive or Administrative Officer from the Boys and Girls Club or one designee; the Chief Executive or Administrative Officer from Northern Valley Catholic Social Service or one designee; the Chief Executive or Administrative Officer from the Parent Education Network or one designee; the Superintendent of the Chico Unified School District or one designee; and two appointees from the community at-large - action requested - ADOPT RESOLUTION 00-151 AND AUTHORIZE THE CHAIR TO SIGN; AND APPOINT BARBARA ARCHIBALD AND MARLENE WOODARD, AT-LARGE REPRESENTATIVES. Page 408 December 5, 2000 December 5, 2000 00-371 42. Butte County Public Health/Butte County Department of Behavioral Health - Memorandum of Understanding - Tobacco Cessation, Education and Intervention Services - Board approval is requested by the Public Health Department for a Memorandum of Understanding (MOU) with the Butte County Department of Behavioral Health for funds in support of a tobacco cessation, education, and intervention program. The program funding will be a combination of Public Health Realignment funds ($50,000), Behavioral Health drug and alcohol funds ($50,000), and County general funds ($50,000) - action requested - APPROVE MOU AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER; AND APPROVE BUDGET TRANSFER B-099 (4/5 vote required) ACCEPTING, APPROPRIATING, AND TRANSFERRING PROGRAM FUNDING. 43. Butte County Superintendent of Schools - Board approval is requested by the Public Health Department for an agreement with the Butte County Superintendent of Schools for the provision of tobacco education and prevention activities. The term of the agreement is January 2, 2001, through June 30, 2001, with a maximum amount payable of $61,000 (tobacco education appropriation) - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. 44. American Lung Association - Board approval is requested by the Public Health Department for an agreement with the American Lung Association for the provision of tobacco cessation activities. The term of the agreement is January 2, 2001, through June 30, 2001, with a maximum amount payable of $79,000 (tobacco education appropriation) - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. 45. Architecture Engineering Consultants Group - Amendment - South County Community Employment Center Project - Board approval is requested by the Department of Social welfare for an amendment to the agreement with Architecture Engineering Consultants Group for architectural design services for the South County Community Employment Center building. The amendment increases the maximum amount payable by $8,000 (department budget) for the provision of additional plan modifications. All other terms and conditions remain the same - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X11049) Page 409 December 5, 2000 December 5, 2000 00-371 46. Butte Glenn Community College District - Board approval is requested by the Department of Social welfare for an agreement with the Butte Glenn Community College District for the provision of a Vocational English as a Second Language program for welfare-to-work clients. The term of the agreement is November 1, 2000, through June 30, 2002, with a maximum amount payable of $287,525 ($115,010 for fiscal year 2000-2001, and $172,515 for fiscal year 2001-2002 [department budget]) - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X11858) 47. Camp, Dresser and McKee - Board approval is requested by the Department of water and Resource Conservation for an agreement with Camp, Dresser and McKee for the provision of a reconnaissance study of the Lime Saddle area for the purpose of evaluating the feasibility of potential solutions to the water problems in the area. The agreement has a maximum amount payable of $23,300 (department budget/trust account funds) - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X11843) 48. Board of Supervisors Meeting Dates Calendar - consideration of the adoption of the Board Meeting Dates Calendar for 2001 - action requested - ADOPT CALENDAR. 49. Butte County Law Library Annual Report - Fiscal Year 1999-2000 - the Butte County Law Library Trustees submit the fiscal year 1999-2000 annual report in accordance with Business and Professions Code Sections 6349 and 6350 - action requested - ACCEPT AND APPROVE ANNUAL REPORT. 50. Certification of Statement of Votes Cast - the County Clerk Recorder-Registrar of Voters submits the Certification of Statement of Votes Cast for the Consolidated General Election held November 7, 2000 - action requested - ACCEPT AND APPROVE THE CERTIFICATION OF STATEMENT OF VOTES CAST. 51. Local Agency Formation Commission (LAFCo) - Report to the Board - report to the Board on the status of the implementation of Assembly Bill 2838, which provides for the separation of LAFCo from the County - action requested - ACCEPT FOR INFORMATION. Page 410 December 5, 2000 December 5, 2000 00-371 52. Rock Creek-Keefer Slough Flood Control Project - the Feasibility Study for this project is expected to be completed in May 2001. The next phase is Pre- construction Engineering and Design which should start as soon as possible after completion of the Feasibility Study, if funded. Inclusion of this funding in the Governor's budget is the most expedient means of funding this phase of the project - action requested - APPROVE LETTER TO GOVERNOR DAVIS AND AUTHORIZE CHAIR TO SIGN. MOTION: I MOVE TO APPROVE THE CONSENT AGENDA WITH ITEM 3.23 AMENDED TO CORRECT THE CURRENT OFFICE ASSISTANT CLASSIFICATION TO OFFICE ASSISTANT III, NOT OFFICE ASSISTANT III/II/I; ITEM 3.42 AMENDED TO REFERENCE BUDGET TRANSFER NUMBER B-099; AND THE REMOVAL OF ITEM 3.47. (210) M S VOTE: l Y 2 Y 3 Y 4 NP 5 Y (Motion Carried) Regular Agenda SUPERVISOR HOUX PROVIDED A BRIEF REPORT ON THE CANDLELIGHT PROCESSION TO RAISE AWARENESS OF CHILD ABUSE AND NEGLECT WHICH WAS HELD IN CHICO ON DECEMBER 1, 2000. 00-372 Appointments - Commissions and Committees. (268) 1. Appointments to committee vacancies. (NONE) 2. Juvenile Justice Coordinating Council - consideration of Board member representatives in response to the resolution re-organizing the Butte County Juvenile Justice Coordinating Council - action requested - APPOINT TWO BOARD MEMBERS OR DESIGNEES. MOTION: I MOVE TO APPOINT SUPERVISORS DOLAN AND HOUX, BOARD MEMBER REPRESENTATIVES, TO THE JUVENILE JUSTICE COORDINATING COUNCIL. M S VOTE: l Y 2 Y 3 Y 4 NP 5 Y (Motion Carried) 00-373 Update on legislative and budget activities. (333) CHIEF SAGER INTRODUCED THE FOLLOWING NEW FIRE CHIEFS: CRAIG CARTER, WAYNE WILSON, MARK NELSON, AND ROB CONE. JOHN S. BLACKLOCK, CHIEF ADMINISTRATIVE OFFICER, RECOGNIZED THE $500,000 RECEIVED FOR THE FAMILY BRIDGES PROGRAM, AND REPORTED THAT THE COUNTY RECEIVED NOTICE FROM THE CALIFORNIA DEPARTMENT OF CHILD SUPPORT SERVICES REGARDING THE TRANSITION DATE FOR THE FAMILY SUPPORT DIVISION. THE PROJECTED SEPARATION DATE HAS BEEN AMENDED TO JULY 1, 2001. THE BOARD WAS ALSO PROVIDED A BRIEF REPORT ON SEVERAL TOPICS COVERED AT THE CALIFORNIA STATE ASSOCIATION OF COUNTIES ANNUAL CONFERENCE HELD LAST WEEK. Page 411 December 5, 2000 December 5, 2000 00-374 Butte Basin water Users Association - Groundwater Model Lease - consideration of an agreement to lease a computer groundwater model from the Butte Basin water Users Association (BBwUA) for a period of three years. The model was developed by the BBwUA and evaluates the relationship between water use and hydrologic conditions in the Butte Basin. Under the terms of the agreement, the County will maintain the model and the BBwUA will reduce the County's annual dues to $5,000 - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR- CONTROLLER. (1044) MOTION: I MOVE TO APPROVE THE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR- CONTROLLER. S M VOTE: l Y 2 Y 3 Y 4 NP 5 Y (Motion Carried) 00-375 Savings Incentive Program - Board approval is requested by the Administrative Office to approve the expenditure plan and fixed asset purchases for the savings incentive payments earned by various County departments as part of the fiscal year 1999-2000 Savings Incentive Program - action requested - APPROVE EXPENDITURE PLAN; APPROVE ACQUISITION OF FIXED ASSET ITEMS; APPROVE RELATED BUDGET TRANSFER; AND APPROVE BUDGET TRANSFER B-105 (4/5 vote required) TO THE COMMUNITY COST SHARE TRUST FUND. (1434) MOTION: I MOVE TO APPROVE THE EXPENDITURE PLAN; APPROVE ACQUISITION OF FIXED ASSET ITEMS; APPROVE RELATED BUDGET TRANSFER; AND APPROVE BUDGET TRANSFER B-105 TO THE COMMUNITY COST SHARE TRUST FUND. M S VOTE: l Y 2 Y 3 Y 4 NP 5 Y (Motion Carried) RECESS: 9:56 A.M. RECONVENE: 10:31 A.M. Public Hearincrs and Timed Items 00-376 Public Hearing - Bridge weight Limit Posting - consideration of an engineering investigation of Bridge No. 12C-194, located on Dixie Road, 22 miles northeast of the junction of Camp Creek Road in the north Feather River Canyon area, for the purpose of posting of structural weight load limits as follows: 16 tons per vehicle; 24 tons per semi-trailer combination; and 31 tons per truck and full trailer - action requested - ADOPT RESOLUTION APPROVING PROPOSED MAXIMUM LOAD POSTING AND AUTHORIZE THE CHAIR TO SIGN. (FROM 10-24-00 [5.01]) (1817) Page 412 December 5, 2000 December 5, 2000 00-376 PUBLIC HEARING OPENED: 10:34 A.M. PUBLIC HEARING CLOSED: 10:34 A.M. MOTION: I MOVE TO ADOPT RESOLUTION 00-152 APPROVING PROPOSED MAXIMUM LOAD POSTING AND AUTHORIZE THE CHAIR TO SIGN. S M VOTE: l Y 2 Y 3 Y 4 NP 5 Y (Motion Carried) RECESS: 10:35 A.M. RECONVENE: 10:45 A.M. Public Hearincr and Timed Items 00-377 Continued Timed Item - Consideration of an Appeal - the Butte County Professional Peace Officers' Association filed a recognition petition and request for modification to the existing General and Management Units, and for the formation of a new bargaining unit(s) for Probation Officers. The Employee Relations Officer has denied that petition, and the Butte County Professional Peace Officers' Association has filed an appeal of that determination pursuant to Personnel Rule 10.9 - action requested - THE PERSONNEL DEPARTMENT IS REQUESTING THE BOARD CONTINUE THE HEARING TO JANUARY 9, 2001, AT 10:30 A.M. (FROM 9-26-00 [5.02]) (2025) HEARING RECONVENED AT 10:46 A.M. AND CONTINUED OPEN TO JANUARY 9, 2001, AT 11:00 A.M. RECESS: 10:47 A.M. RECONVENE: 11:06 A.M. Public Hearincr and Timed Items 00-378 Public Hearing - County Service Area Formation - Melrose Estates Subdivision - consideration of the formation of a County Service Area (CSA) for the Melrose Estates Subdivision. The CSA is being formed to provide maintenance of storm drain facilities and street lighting. The Local Agency Formation Commission approved formation of the CSA on September 7, 2000 - action requested - ADOPT RESOLUTION APPROVING FORMATION OF COUNTY SERVICE AREA NO. 173 (MELROSE ESTATES) AND AUTHORIZE THE CHAIR TO SIGN. (FROM 10-24-00 [3.04]) (2218) Page 413 December 5, 2000 December 5, 2000 00-378 PUBLIC HEARING OPENED: 11:07 A.M. PUBLIC HEARING CLOSED: 11:08 A.M. MOTION: I MOVE TO ADOPT RESOLUTION 00-153 APPROVING FORMATION OF COUNTY SERVICE AREA NO. 173 (MELROSE ESTATES) AND AUTHORIZE THE CHAIR TO SIGN. M S VOTE: l Y 2 Y 3 Y 4 NP 5 Y (Motion Carried) 00-379 Public Comment (PRESENTATIONS WILL BE LIMITED TO FIVE MINUTES. THE BOARD OF SUPERVISORS IS PROHIBITED BY STATE LAW FROM TAKING ACTION ON ANY ITEM NOT LISTED ON THE AGENDA.) (2300) (NONE) RECESS: 11:09 A.M. RECONVENE: 11:17 A.M. Public Hearincr and Timed Items 00-380 Public Hearing - Appeal - Tentative Parcel Map - Becky Yount (Jim Miller) - consideration of an appeal of the conditions of approval of a Tentative Parcel Map to divide a 16.75 acre parcel into three parcels: one parcel of 1.2 acres, one parcel of 7.35 acres, and one parcel of 8.2 acres. Access to parcels 1 and 2 will be from Speedway Avenue, and access to parcel 3 will be from Entler Avenue. Sewage disposal for the future dwellings on the site will be handled by on-site septic systems, and domestic water will be obtained from individual on-site wells. The project also includes a Lot Line Adjustment between the site and APN 040-030-054. The common property line will be moved to the south and the east. APN 040-030-054 will increase in size from .94 acres to approximately 1.3 acres (SB TPM-00-04) - action requested - STAFF RECOMMENDS THAT THE BOARD TAKE THE FOLLOWING ACTIONS: 1. SUBJECT TO FINDING I(A) AS DETAILED IN THE STAFF REPORT DATED DECEMBER 5, 2000, DENY APPEAL O1-05; 2. SUBJECT TO FINDINGS II(A-C) AS DETAILED IN THE STAFF REPORT DATED DECEMBER 5, 2000, APPROVE AN EXCEPTION TO THE REQUIREMENTS OF BUTTE COUNTY CODE SECTION 20-133 TO ALLOW MORE THAN TWENTY PARCELS TO BE SERVED BY A CUL-DE- SAC STREET IN AN URBAN AREA; Page 414 December 5, 2000 December 5, 2000 00-380 3. FIND THAT THE LOT LINE ADJUSTMENT FOR BECKY YOUNT IS EXEMPT FROM ENVIRONMENTAL REVIEW PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA), UNDER SECTION 15305 (CLASS 5 OF CEQA, WHICH STATES THAT MINOR ALTERATIONS IN LAND USE LIMITATIONS CAN BE APPROVED IN AREAS WITH AN AVERAGE SLOPE OF LESS THAN 200, AND THAT DO NOT RESULT IN ANY CHANGES IN LAND USE, INCLUDING, BUT NOT LIMITED TO, LOT LINE ADJUSTMENTS NOT RESULTING IN THE CREATION OF ANY NEW PARCEL (SECTION 153305 (a)) SECTION 15300.2 (a) FURTHER ALLOWS FOR A CLASS 5 EXEMPTION UPON CONSIDERATION WHERE THE PROJECT IS LOCATED. IT STATES THAT A PROJECT THAT IS ORDINARILY INSIGNIFICANT IN ITS IMPACT TO THE ENVIRONMENT MAY IN A PARTICULARLY SENSITIVE ENVIRONMENT BE SIGNIFICANT. THERE ARE NO ENVIRONMENTALLY SENSITIVE AREAS ON THE PROJECT SITE; 4. SUBJECT TO THE FINDINGS IV (A-C) AS DETAILED IN THE STAFF REPORT DATED DECEMBER 5, 2000, AND THE CONDITIONS OF APPROVAL AS DETAILED IN EXHIBIT "A" OF THE STAFF REPORT DATED DECEMBER 5, 2000, APPROVE THE LOT LINE ADJUSTMENT FOR BECKY YOUNT; 5. SUBJECT TO FINDINGS V(A-D) AS DETAILED IN THE STAFF REPORT DATED DECEMBER 5, 2000, ADOPT A MITIGATED NEGATIVE DECLARATION REGARDING ENVIRONMENTAL IMPACTS, WITH MITIGATION MEASURES 1-7 AS DETAILED IN THE STAFF REPORT DATED DECEMBER 5, 2000, AND AUTHORIZE THE CHAIR TO SIGN; 6. FIND THAT THE DESIGN OF THE PROPOSED PROJECT IMPROVEMENTS WILL NOT CAUSE ENVIRONMENTAL DAMAGE TO FISH AND/OR WILDLIFE OR THEIR HABITAT BECAUSE THE PROPERTY HAS UNDERGONE EXTENSIVE AGRICULTURAL OPERATIONS THAT HAVE ELIMINATED MOST OF THE NATURAL HABITAT AND NO DEVELOPMENT WILL BE ALLOWED WITHIN 150 FEET OF COMANCHE CREEK IN ORDER TO PRESERVE RIPARIAN HABITAT. THEREFORE, A "DE MINIMUS" IMPACT OF FINDING REGARDING FISH AND/OR WILDLIFE OR THEIR HABITAT IS HEREBY MADE, AND THE COLLECTION OF FEES PURSUANT TO FISH AND GAME CODE SECTION 711.4(d)(3) AND 14 CCR 753.5, IS NOT REQUIRED; AND 7. SUBJECT TO FINDINGS VII(A-G) AS DETAILED IN THE STAFF REPORT DATED DECEMBER 5, 2000, AND THE CONDITIONS OF APPROVAL DETAILED IN EXHIBIT "B" OF THE STAFF REPORT DATED DECEMBER 5, 2000, APPROVE TENTATIVE PARCEL MAP TPM 00-04 FOR BECKY YOUNT. (2320) PUBLIC HEARING OPENED AT 11:19 A.M. AND CONTINUED OPEN TO JANUARY 9, 2000, AT 11:15 A.M. Page 415 December 5, 2000 December 5, 2000 00-381 CLOSED SESSION: THE BOARD RECESSED AT 11:19 A.M. TO A CLOSED SESSION CONFERENCE WITH LEGAL COUNSEL REGARDING 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: CHIEF ADMINISTRATIVE OFFICER. (2402) RECONVENE: THE BOARD RECONVENED AT 12:45 P.M. FROM A CLOSED SESSION CONFERENCE WITH LEGAL COUNSEL REGARDING 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: CHIEF ADMINISTRATIVE OFFICER. (NO ANNOUNCEMENTS) ADJOURNMENT: THERE BEING NO FURTHER BUSINESS BEFORE THE BOARD, THE MEETING WAS ADJOURNED AT 12:46 P.M. TO RECONVENE AT A REGULAR MEETING OF THE BOARD ON TUESDAY, DECEMBER 19, 2000, AT 9:00 A.M. JANE DOLAN, CHAIR ATTEST: John S. Blacklock, Chief Administrative Officer, and Clerk of the Board of Supervisors By. Page 416 December 5, 2000