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HomeMy WebLinkAboutM120799BOARD OF SUPERVISORS MINUTES R. J. BEELER, 1st District JANE DOLAN, 2nd District MARY ANNE HOl1X, 3rd District CURT JOSIASSEN, 4th District FRED C. DAVIS, 5th District December 7, 1999 Call to Order - Board of Supervisors Room, County Administration Building, 25 County Center Drive, Oroville. Supervisors present: Beeler, Houx, Josiassen, Davis, and Chair Dolan. Also present: John S. Slacklock, Chief Administrative Officer; Susan Minasian, County Counsel; and Marion Reeves, Assistant Clerk of the Board. Pledge of Allegiance to the Flag of the United States of America. Invocation - Pastor Dave Hayes, Magalia Community Church (NOT PRESENT} 99-383 Item removed from the Consent Agenda for Board consideration and action. {20) 1. 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 deletes the classification of Family Court Mediator, and adds the classification of Court Administrator-Family & Children's Division to better describe the functions of the classification. The ordinance also increases the salary range from $3,161-$3,843 to $4,180-$5,081 in response to State requirements for additional education requirements - action requested - WAIVE READING OF THE ORDINANCE. 2. Notice of Completion - Roadway Rehabilitation on Midway from Durham Dayton Highway to 500 Feet South of Oroville Chico Highway, County Project 26311-98-1 - all contract work has been completed in accordance with plans and specifications - action requested - ACCEPT CONTRACT WORK; AUTHORIZE CHAIR TO SIGN THE NOTICE OF COMPLETION; AND DIRECT RECORDING OF THE NOTICE OF COMPLETION. Consent Agenda 99-389 1. Approval of Minutes -- action requested - APPROVE MINUTES OF OCTOBER 26, 1999; NOVEMBER 9, 1999; AND NOVEMBER 12, 1999. 2. Budqet Transfers - action requested - APPROVE BUDGET TRANSFERS 8-083 (SUPERIOR COURT ISF [9/5 vote required]) AND B-095 (JAIL REMODEL PROJECT}. Page 387 December 7, 1999 December 7, 1999 99-384 3. County Library Donations - in accordance with Government Code Section 25355, donations of $1,899.42 from Oroville Friends of the Library, $1,550 from Chico Friends of the Library, $500 from Paradise Friends of the Library, and $250 from Tena M. Bueltman of Paradise, have been received for the Butte County Trust Fund for the purchase of books - action requested - ACCEPT DONATIONS AND AUTHORIZE LETTERS OF APPRECIATION. 4. Probation Donations - in accordance with Government Code Section 25355, donations of $2,000 from Pacific Bell, and $250 from the Soroptomist International of Bidwell Ranch, have been received by the Probation Department for the purpose of purchasing incentives for minors participating in the Peer Court program, and supplies for the Probation Pals program - action requested - ACCEPT DONATIONS AND AUTHORIZE LETTERS OF APPRECIATION. 5. Maternal Child and Adolescent Health Board - action requested - REAPPOINT DOROTHY COOPER, KAREN L. MORRIS, AND PAUL WASSERMAN TO TERMS TO END MARCH 1, 2002. 6. North State Cooperative Library System Advisory Board - action requested - REAPPOINT DORIS LI'.CHGOW TO A TERM TO END DECEMBER 31, 2001. 7. Durham Mosquito Abatement District - action requested - REAPPOINT DALE R. ANTONOWICH AND DON BOLLERUD TO TERMS TO END DECEMBER 31, 2003. 8. Oroville Mosquito Abatement District - action requested - REAPPOINT WAYNE BRUNSON AND STEVE LAWRENCE TO TERMS TO END DECEMBER 31, 2001. 9. Land Conservation Act (LCA) Amendment - on July 27, 1999, the Board approved an amendment to an LCA agreement with the estate of Howard F. Brady and directed the recording of the amendment with the Gaunty Clerk-Recorder. Since that time the Clerk of the Board has been notified that the property to which that LCA agreement applied has changed owners, and a corrected LCA agreement amendment will need to be recorded. No other changes are included in the corrected amendment - action requested - APPROVE LAND CONSERVATION ACT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN; AND DIRECT RECORDING OF AMENDMENT WITH THE COUNTY CLERK RECORDER. 10. Annexation to County Service Area (CSA) No. 23 (Pleasant Valley Drainage District) - on August 6, 1998, the Local Agency Formation Commission (LAFCo) approved annexation of the Engelbert/Mangnuson Subdivision to CSA No. 23. LAFCo submits Resolution No. 19 1997/98 to the Board of Supervisors for further proceedings as required by law - action requested - ADOPT RESOLUTION 99-163 AND AUTHORIZE THE CHAIR TO SIGN. Page 388 December 7, 1999 December 7, 1999 99--364 11. Surplus Property - Kusel and Ophir Roads - on September 28, 1999, the Board awarded the sale of a 100 foot wide 4.7 ± acre strip of land located between the north right-of-way of Kusel Road and the south right-of-way of Ophir Road to J.W. Bamford, Inc. All conditions of the sale have been met and Board approval is requested by the General Services Director for a grant deed to transfer ownership - action requested - APPROVE GRANT DEED AND AUTHORIZE THE CHAIR TO SIGN. 12. Reissue Time Expired Warrant - Board approval is requested by the Administrative Office, on behalf of Electronic Data Systems Corporation, to reissue warrant 1000-054211, in the amount of $9,689.68, and dated November 30, 1995. The Auditor-Controller has verified that the warrant is time expired and has not been reissued. The original warrant is in the possession of the County - action requested - DIRECT AUDITOR-CONTROLLER TO REISSUE TIME EXPIRED WARRANT 1000- 054211. 13. Establish Special Investigative Fund - Board approval is requested by the Probation Department to establish a Special Investigative Revolving Fund in the amount of $500 for the purpose of investigations into drug and gang activities - action requested - ADOPT RESOLUTION 99-164 AND AUTHORIZE THE CHAIR TO SIGN. 19. Adoption 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 - ADOPT ORDINANCE 3563 AND AUTHORIZE THE CHAIR TO SIGN. (FROM 11-9-99) 15. Adoption 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 - ADOPT ORDINANCE 3564 AND AUTHORIZE THE CHAIR TO SIGN. (FROM 11-9-99) 16. Adoption 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 II/I (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 - ADOPT ORDINANCE 3565 AND AUTHORIZE THE CHAIR TO SIGN. (FROM i1-9-99) Page 389 December 7, 1999 December 7, 1999 99-384 17. Adoption 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 job 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 Court Compliance Specialist I, Court Compliance Specialist II, and Supervisor-Court Compliance Division - actian requested - ADOPT ORDINANCE 3566 AND AUTHORIZE THE CHAIR TO SIGN. (FROM 11-9-99) 16. Adoption 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 - ADOPT ORDINANCE 3567 AND AUTHORIZE THE CHAIR TO SIGN. (FROM 11-9-99) 19. Adoption 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 .r..., classification study - action requested - ADOPT ORDINANCE 3568 AND AUTHORIZE THE CHAIR TO SIGN, (FROM 11-9-99) 20. 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 adds the classification of Chief Deputy Court Executive Officer - Technology ($9,180-$5,081) to administer the Court's computer and video systems - action requested - WAIVE READING OF THE ORDINANCE. 21. Resolution Honoring Richard Price - on November 2, 1999, the Butte County Water Commission voted to recommend the Board adopt a resolution honoring Richard Price for his contribution to water issues in Butte County during his tenure as Director of the Butte County Water Division - action requested - ADOPT RESOLUTION 99-165 AND AUTHORIZE THE CHAIR TO SIGN. 22. Resolution Honoring Priscilla Hanford - on November 2, 1999, the Butte County Water Commission voted to recommend the Board adopt a resolution honoring Priscilla Hanford for her contribution to water issues in Butte County during her tenure on the Butte County Water Commission - action requested - ADOPT RESOLUTION 99-166 AND AUTHORIZE THE CHAIR .--~, TO SIGN. Page 390 December 7, 1999 December 7, 1999 99-384 23. Contract Change Order (CCO) No. 1 - Reconstruction of a Low Water Crossing on Nord Gianella Road, County Project 30105B- .-, 98-1 - CCO No. 1 provides for an increase in the amount of $34,532 to cover additional restoration and mitigation items - action requested - APPROVE CCO N0. 1 AND AUTHORIZE THE CHAIR TO SIGN. 24. Contract Change Order (CCO) No. 1 - Construction of Pavement Overlay on Midway from Western Canal to Durham Dayton Highway, County Project AC-98-2 - CCO No. 1 provides for a decrease in the amount of $28,918.48 as a net result of various contract amendments due to the field change of abutting driveway approaches - action requested - APPROVE CCO NO. 1 AND AUTHORIZE THE CHAIR TO SIGN. 25. Contract Change Order {CCO) No. 2 - Roadway Rehabilitation on Midway from Durham Dayton Highway to 500 Feet South of Oroville Chico Highway, County Project 26311-98-1 - CCO No. 2 provides for a decrease in the amount of $7,820.05 as a net result of various contract amendments due to minor field modifications in the planned roadway widening section - action requested - APPROVE CCO N0. 2 AND AUTHORIZE THE CHAIR TO SIGN. 26. Notice of Completion - Construction of Pavement Overlay on Midway from Western Canal to Durham Dayton Highway, County Project AC-98-2 - all contract work has been completed in accordance with plans and specifications - action requested - ACCEPT CONTRACT WORK; AUTHORIZE CHAIR TO SIGN THE NOTICE OF COMPLETION; AND DIRECT RECORDING OF THE NOTICE OF COMPLETION. 27. 1999-2000 Road and Bridge Construction Project List Amendment - Board approval is requested by the Public Works Department for an amendment to the 1999-2000 Road and Bridge Construction Project List which would add the reconstruction of a low water crossing on Nord Gianella Road project. The addition is being recommended in response to the notification that a majority of the project funding will come from the Federal Emergency Management Agency and the Office of Emergency Services - action requested - APPROVE PROJECT LIST AMENDMENT; AND APPROVE BUDGET TRANSFER B-094 {4/5 vote required) ACCEPTING AND APPROPRIATING UNANTICIPATED REVENUE AND TRANSFERRING FUNDS WITHIN THE PUBLIC WORKS BUDGET. 28. Michael Roberts, Ph.D. - Board approval is requested by the Butte County Department of Behavioral Health (BCDBH) for an agreement with Michael Roberts, Ph.D., for the provision of mental health services to BCDBH clients. The agreement is within the requirements of Phase II Medi-Cal Specialty Mental Health Consolidation. The term of the agreement is October 1, 1999, and will remain in effect until terminated by BCDBH or Michael Roberts. Funding for the agreement is available in the ~CDBH budget -action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. {Contract No. X11953) Page 391 December 7, 1999 December 7. 1999 99-3$4 29. Work Training Center for the Handicapped, Inc. {Da-It- Leisure) - Board approval is requested by the Butte County r.~. Department of Behavioral Health (BCDBH) for an agreement with the Work Training Center for the Handicapped, Inc. (Do-It- Leisure) for the provision of a half-day rehabilitative program to clients of BCDBH. The term of the agreement is July 1, 1999, through June 30, 2000, with a maximum amount payable not to exceed $55,271 (department budget) - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X11487) 30. Work Training Center for the Handicapped, Inc. (Do-It- Leisure) - Board approval is requested by the Butte County Department of Behavioral Health {BCDBH} for an agreement with the Work Training Center for the Handicapped, Inc. (Do-It- LeiSUre) for the provision of a socialization and rehabilitation program for clients of BCDBH. The term of the agreement is July 1, 1999, through June 30, 2000, with a maximum amount payable of $136,679 (department budget) - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO ~IGN. {Contract No. X11486} 31. Mountain Springs Grange - Board approval is requested by the FirE: Department for a lease agreement with Mountain Springs Grange for the building located at 1834 Lurnpkin Road, Feather Fa11s, which is utilized by the Feather Falls Volunteer Fire Company. The term of the agreement is September 1, 1998, ....., through April 30, 2048, at the rate of $1.00 per year (department budget). This lease replaces the lease presented to the Board on April 27, 1999, which was never fully executed - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. 32. Fout Springs Youth Facility - Board approval is requested by the Probation Department for an agreement with Fout Springs Youth Facility for the implementation of Phase II of the Boot Camp Placement Program for juvenile offenders. The term of the agreement is July 1, 1999, to June 30, 2000, with a maximum amount payable of $2,700 per month per ward (department budget [Probation/Welfare]) - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF MID-YEAR BUDGET ADJUSTMENTS. (Contract Na. X11476 } Page 392 December 7, 1999 December 7, 1999 99-384 33. County Center Day Hall Project - Memorandum of Understanding (MOU) - Board approval is requested by the Probation Department far a Memorandum of Understanding with the Butte County Office of Education, Butte County Superior Court, Butte County Sheriff's Office, Butte County Department of Behavioral Health, and Butte County Buildings and Grounds Division to provide for the continued County Center Day Hall Program. The term of the MOU shall commence on July 1, 1999, and will be reviewed by July 1, 2000, to consider an extension. As a result of the cooperation and pooling of resources from all participants, there will be no impact to the County General Fund (department budgets) - action requested - APPROVE MOU AND AUTHORIZE THE CHAIR TO SIGN. 39. Northern Valley Catholic Social Service - Board approval is requested by the Probation Department for an agreement with Northern Valley Catholic Social Service for the provision of juvenile social services in the Juvenile Hall and County Center Day School. The term of the agreement is July 1, 1999, through June 30, 2000, with a maximum amount payable of $35,000 {reimbursable State funds) - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X11479) 35. Roger Masuda - Board approval is requested by the Department of Water and Resource Conservation for an agreement with Roger Masuda for the provision of legal services regarding water issues. The term of the agreement is July 1, 1999, through June 30, 2000, with a maximum amount payable of $30,000 (department budget} - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X10998} 36. 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) - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X11468} (FROM 11-9-99} 37. 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 CalWORKs 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 $1.43,000 {department budget) - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X11457}(FROM 11-9-99) Page 393 December 7, 1999 December 7, 1999 99-384 38. Child Abuse Prevention, Intervention, and Treatment (CAPIT} 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. 840194}; 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 CHTLD ABUSE PREVENTTON BUDGET UNIT TO $154,868; AND APPROVE AGREEMENT WITH THE PARENT EDUCATION NETWORK (Contract No. X11470} AND AUTHORIZE THE CHAIR TO SIGN. (FROM 11-9-99} 39. Sacramento River Reclamation District - Resolution Direction Amendment - Resolution 99-E7, providing for the formation of the Sacramento River Reclamation District, directed that the petition for formation of the district be recorded with the resolution. The original petition included lands that were excluded by the Board, therefore, the petition would not represent the lands as described by the resolution. The ..~,~ Clerk of the Board has consulted with County Counsel and the petitioner's attorney on this matter and has been advised to record the resolution without the petition. Board approval is requested to accept the recommendation of County Counsel and record the resolution without the petition - action requested - AMEND BOARD DIRECTION OF JUNE 22, 1999, TO EXCLUDE THE RECORDING OF THE PETITION. 40. City of Oroville - Measure M - the Oroville City Council submits Resolution No. 5537 requesting the consolidation of a proposed Charter amendment, identified as Measure M, with the presidential primary election to be held March 7, 2000 - action requested - APPROVE CONSOLIDATION OF PROPOSED MEASURE WITH ELECTION TO BE HELD MARCH 7, 2000. 41. City of Oroville - Measure N - the Oroville City Council submits Resolution No. 5539 requesting the consolidation of a proposed Charter amendment, identified as Measure N, with the presidential primary election to be held March 7, 2000 - action requested - APPROVE CONSOLIDATION OF PROPOSED MEASURE WITH ELECTION TO BE HELD MARCH 7, 2000. Page 394 December 7, 1999 December 7 1999 99-3B4 42. Butte County Library - Request for Closure - Board approval is requested by the Director of Libraries to close the Library Branches on Friday, December 24, 1999 - action requested - APPROVE THE CLOSURE OF COUNTY LIBRARY BRANCHES ON FRIDAY, DECEMBER 29, 3999. (57) MOTION: I MOVE TO APPROVE THE CONSENT AGENDA WITH THE REMOVAL IF ITEMS 3.20 AND 3.28, AND ITEM 3.41 AMENDMENT TO READ, "ACTION REQUESTED - AMEND BOARD DIRECTION OF JUNE 22, 1999, TO EXCLUDE THE RECORDING OF THE PETITION. M S VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) FIRE CHIEF BILL SAGER INTRODUCES BOB WALLINS, NEW DIVISION CHIEF. (60) CHAIR DOLAN PRESENTS A RESOLUTION TO RICHARD PRICE, AGRICULTURAL COMMISSIONER. (103) CHAIR DOLAN PRESENTS A RESOLUTION TO PRISCILLA HANFORD, WATER COMMISSIONER. (185) ED CRADDOCK, DIRECTOR-WATER AND RESOURCE CONSERVATION, PRESENTS A PLAQUE TO PRISCILLA HANFORD ON BEHALF OF THE WATER COMMISSION. (402) Regular Agenda 99-385 Appointments - Commissions and Committees (530) A. Appointments to committee vacancies. MOTION: I MOVE TO REAPPOINT DON MCNELLIS AS DISTRICT 4 REPRESENTATIVE TO THE COMMUNITY ACTION AGENCY BOARD. M S VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried} 99-366 Update on legislative and budget activities. (483) JOHN S. BLACKLOCK, CHIEF ADMINISTRATIVE OFFICER, PROVTDES THE BOARD WITH AN UPDATE ON THE CALIFORNIA STATE ASSOCIATION OF COUNTIES MEETING. SUPERVI50R DAVIS PRESENTS THE BOARD WITH A MAP AND FLAG PRESENTED TO BUTTE COUNTY BY THE CALIFORNIA STATE ASSOCIATION OF COUNTIES WHICH HONORS BUTTE COUNTY AS ONE OF THE ORIGINAL 27 CALIFORNIA COUNTIES . Page 395 December 7, 1999 December ,7.,,,,1999 99-387 Permit Waivers - Fire Victims - consideration of a waiver of permit fees for the individuals who lost their homes in the recent Butte County fire disaster - action requested - FIND THE WAIVER IS ---.. IN THE PUBLIC INTEREST PURSUANT TO BUTTE COUNTY CODE SECTION 3.40.5 AND WAIVE PERMIT FEES FOR VICTIMS OF THE BUTTE COUNTY FIRE DISASTER. (691) MOTION: I MOVE TO FIND THE WAIVER IS IN THE PUBLIC INTEREST PURSUANT TO BUTTE COUNTY CODE SECTION 3.40.5 AND WAIVE PERMIT FEES FOR VICTIMS OF THE BUTTE COUNTY FIRE DISASTER. S M VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) 99-388 Presentation of California Department of Water Resources Lake Oroville Recreational Governance Project Report - action requested - ACCEPT FOR INFORMATION; AND PROVIDE DIRECTION REGARDING REPORT'S RECOMMENDATION TO ESTABLISH A JOINT POWERS PLANNING EFFORT FOR THE PURPOSE OF PLANNING FOR, AND IMPROVING LAKE OROVILLE RECREATIONAL FACILITIES (719) PRESENTATION TO THE BOARD BY WARD TABER, ATTORNEY, DEPARTMENT OF WATER RESOURCES, AND ALAN GOLDST::IN, GOVERNMENTAL AFFAIRS CONSULTANT, COOPERATIVE PERSONNEL SERVICES, DISCUSSING THE FEDERAL ENERGY REGULATORY COMMISSION RE-LICENSING PROCESS AND A JOINT POWERS PLANNING EFFORT FOR LAKE OROVILLE RECREATIONAL FACILITIES. MOTION: I MOVE TO DIRECT STAFF TO WORK WITH ALL INTERESTED INDIVIDUALS AND ENTITIES IN ESTABLISHING A JOINT POWERS AGREEMENT FOR THE PURPOSE pF PLANNING FOR, AND IMPROVING LAKE OROVILLE RECREATIONAL FACILITIES. M S VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) RECESS: 1Q:29 A.M. RECONVENE: 10:45 A.M. Page 396 December 7, 1999 December 7 1999 Regular Agenda .~. 99-389 Item removed from the Consent Agenda for Board consideration and action. (2807? 1. 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 deletes the classification of Family Court Mediator, and adds the classification of Court Administrator-Family & Children's Division to better describe the functions of the classification. The ordinance also increases the salary range from $3,161-$3,843 to $4,180-$5,081 in response to State requirements for additional education requirements - action requested - WAIVE READING OF THE ORDINANCE. MOTTON: I MOVE TO WAIVE READING OF THE ORDINANCE AS CORRECTED TO REMOVE, "DELETES THE CLASSIFICATION OF FAMILY COURT MEDIATOR". M S VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) 99--390 A MATTER ON WHICH A PUBLIC HEARING HAS BEEN HELD AND A MOTION OF INTENT ADOPTED - Butte County Department of Development Services - Zaning Cade Amendment - consideration of the adoption 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 - action requested - SUBJECT TO FINDING I (A) AS DETAILED IN THE STAFF REPORT DATED DECEMBER 7, 1999, FIND THE PROPOSAL TO BE CATEGORICALLY EXEMPT UNDER SECTION 15308 OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT; AND SUBJECT TO FINDINGS II (A AND B) AS DETAILED IN THE STAFF REPORT DATED DECEMBER 7, 1999, ADOPT ORDINANCE AS PRESENTED IN ATTACHMENT "A" OF THE STAFF REPORT DATED DECEMBER 7, 1999, AND AUTHORIZE THE CHAIR TO SIGN. (FROM 11-9-99) (2949)(**00) Page 397 December 7, 1999 December„7. 1999 99-390 MOTION: SUBJECT TO FINDING I (A} AS DETAILED IN THE STAFF REPORT DATED DECEMBER 7, 1999, I MOVE TO FIND THE PROPOSAL TO BE CATEGORICALLY EXEMPT UNDER SECTION 15308 OF THE CALIFORNIA ENVIRONMENTAL QUALiTX ACT; AND SUBJECT TO FINDINGS TI (A AND B} AS DETAILED IN THE STAFF REPORT DATED DECEMBER 7, 1999, I FURTHER MOVE TO ADOPT ORDINANCE 3569 AS AMENDED FROM ATTACHMENT "A" OF THE STAFF REPORT DATED DECEMBER 7, 1999, AS FOLLOWS: THE ORDINANCE SHALL RETAIN THE 1000 FOOT SETBACK REQUIREMENT; AMEND THE REQUIREMENT FOR STRIPING ON TOWERS IN THE AGRICULTURAL ZONES TO BE DETERMINED ON A CASE-BY-CASE BASIS; REMOVE THE AMBIGUITY REGARDING INFORMATION ON THE 20 MILE RADIUS REQUIRED ON THE APPLICATION BY MAKING THE WORD "PROVIDERS" POSSESSIVE AND REMOVING THE PARENTHESIS AROUND THE WORD; LANGUAGE WILL BE INCLUDED TO MAKE THE REFERENCE TO UTILITY POLE MOUNTS IN PARKS REFER TO EXISTING UTILITY POLES INSTEAD OF NEW UTILITY POLES; LANGUAGE REGARDING REPAIR OR REPLACEMENT OF A LAWFULLY ESTABLISHED EXISTING FACILITY SHALL BE ADDED TO ALLOW FOR MINOR CHANGES, SO LONG AS THE REPAIRS OR REPLACEMENTS DO NOT INVOLVE MODIFICATIONS TO THE FACILITY WHICH ADD HEIGHT OR SUBSTANTIALLY CHANGE THE APPEARANCE. THIS AMENDMENT WILL ALLOW MODIFICATIONS TO BE MADE IN RESPONSE TO NEW TECHNOLOGY, BUT THOSE CHANGES WOULD BE ALLOWED ONLY IF THE APPEARANCE WOULD NOT BE VISUALLY OR PHYSICALLY OBTRUSIVE. M S VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y {Unanimously Carried) RECESS: 11:29 A.M. RECONVENE: 11:35 A.M. 99-391 Rock Creek/Keefer Slough Flood Control Project - consideration of the appropriation of State funds received for the project and an amendment to a botanical survey agreement - action requested - APPROVE BUDGET TRANSFER B-088 {4/5 vote required) ACCEPTING AND APPROPRIATING UNANTICIPATED REVENUE; AND APPROVE AMENDMENT TO AGREEMENT FOR A BOTANICAL SURVEY AND AUTHORIZE THE CHAIR TO SIGN. (**1112} MOTION: I MOVE TO APPROVE BUDGET TRANSFER B-068 ACCEPTING AND APPROPRIATING UNANTICIPATED REVENUE; AND APPROVE AMENDMENT TO AGREEMENT FOR A BOTANICAL SURVEY AND AUTHORIZE THE CHAIR TO SIGN. M S VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) Page 39B December 7, 1999 December 7, 1999 99-392 Reclamation District No. 833 - Board of Trustees - consideration of two opposing requests which have been received regarding two positions on the District Board. The first request is for the Board of Supervisors to call an election involving the two incumbent Trustees and two challengers who attempted to file nomination papers, The second request is for the incumbents to be re-appointed, since the challengers' nomination papers were not timely filed. The County Counsel's office recommends the Board call an election and that the nomination process be begun anew by the District - action requested: 1. ADOPT A MOTION OF INTENT TO ADOPT A RESOLUTION CALLING AN ELECTION FOR TWO TRUSTEE POSITIONS ON THE GOVERNING BOARD OF RECLAMATION DISTRICT N0. 833, WITH FOUR CANDIDATES, TWO INCUMBENTS WH05E TERMS OF OFFICE ARE EXPIRING, AND TWO CHALLENGERS; OR 2. REAPPOINT THE TWO INCUMBENT TRUSTEES TO THE GOVERNING BOARD OF RECLAMATION DISTRICT N0. 833; OR 3. ADOPT A MOTION OF INTENT TO ADOPT A RESOLUTION CALLING FOR AN ELECTION FOR TWO TRUSTEE POSITIONS ON THE GOVERNING BOARD OF RECLAMATION DISTRICT N0. 833, AND DIRECTING THE DISTRICT TO BEGIN THE NOMINATION PROCESS ANEW. (**1199) MOTION: I MOVE TO ADOPT A MOTION OF INTENT TO ADOPT A RE50LUTiON CALLING FOR AN ELECTION FOR TWO TRUSTEE PO5ITIONS ON THE GOVERNING BOARD OF RECLAMATION DISTRICT NO. 833, AND DIRECTING THE DISTRICT TO BEGIN THE NOMINATION PROCESS ANEW. TO REDUCE THE COST OF THE ELECTION TO THE DISTRICT, I FURTHER MOVE THAT THE BALLOTING PROCESS IS TO BE CONDUCTED BY MAIL. S M VOTE; 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried} Page 399 December 7, 1999 December 7 1999 99-393 Field of Dreams Sports and Entertainment Measure - certification of the results of the examination of the petition entitled "Field of Dreams Sports and Entertainment Measure" - action requested: 1. ACCEPT CERTIFICATION OF SUFFICIENCY OF THE "FIELD OF DREAMS SPORTS AND ENTERTAINMENT MEASURE" PETITION; AND 2. PASS THE ORDINANCE PROPOSED BY THE MEASURE WITHOUT ALTERATION; OR 3. ADOPT A RESOLUTION PLACING THE PROPOSED ORDINANCE ON THE BALLOT FOR THE STATEWIDE ELECTION TO BE HELD MARCH 7, 2000; OR 4. REQUEST A REPORT PURSUANT TO CALIFORNIA ELECTIONS CODE SECTION 9111. (**2233}(***00) MOTION: I MOVE TO REQUEST A REPORT PURSUANT TO CALIFORNIA ELECTIONS CODE SECTION 9111. M VOTE: 1 2 3 4 5 (MOTION DIES FOR LACK OF SECOND) MOTION: I MOVE TO ACCEPT THE CERTIFICATION OF SUFFICIENCY OF THE "FIELD OF DREAM SPORTS AND ENTERTAINMENT MEASURE" PETITION. I FURTHER MOVE TO ADOPT A RESOLUTION PLACING THE PROPOSED ORDINANCE ON THE BALLOT FOR THE STATEWIDE ELECTION TO BE HELD MARCH 7, 2000. M S ---, VOTE: 1 Y 2 N 3 Y 4 Y 5 Y (Motion Carried} REQUEST BY CLAY GUNN FOR THE BOARD TO RECONSIDER ACTION REGARDING THE PASSING OF THE RESOLUTION. (ACCEPTANCE OF CERTIFICATION OF SUFFICIENCX I5 NOT TO BE RECONSIDERED) MOTION: I MOVE FOR A MOTION TO RECONSIDER THE PASSING OF A RESOLUTION PLACING THE PROPOSED ORDINANCE ON THE BALLOT FOR THE STATEWIDE ELECTION TO BE HELD MARCH 7, 2000. M S VOTE: 1 Y 2 Y 3 N 4 Y 5 Y (Motion Carried} MOTION: I MOVE TO ADOPT ORDINANCE 3570, THE ORDINANCE PROPOSED BY THE MEASURE, WITHOUT ALTERATION, AND AUTHORIZE THE CHAIR TO SIGN. S M VOTE: I Y 2 Y 3 N 4 Y 5 Y (Motion Carried} 99-399 Performance Measures/Monthly Investment Report - the Treasurer/Tax Collector submits a revised monthly investment report for the period ending October 29, 1999, in accordance with the Butte County Statement of Investment Policy dated duly 1, 1999 - action requested - ACCEPT FOR INFORMATION. (***127) PRESENTATION TO THE BOARD BY DICK PUELICHER, TREASURER-TAX COLLECTOR, EXPLAINING CHANGES MADE TO THE MONTHLY INVESTMENT - REPORT. Page 400 December 7, 1999 December 7, 1999 99-395 December Board Meeting Dates - confirmation of meeting date for December 21, 1999. (***326) MOTTON: I MOVE TO CANCEL THE BOARD MEETING OF DECEMBER 21, 1999. S M VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried} 99-396 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 TS NOT LISTED ON THE AGENDA.) (***405) 1. Shelly Brently addressed the Board regarding the master settlement agreement (tobacco settlement} to request that a majority of the master settlement agreement dollars be allocated for tobacco education and prevention efforts. 2. Rick Kropp, Executive Director, Parent Education Network, speaking as a member of the County Tobacco Prevention Coillition, requests the Board allocate a majority of the master settlement agreement funds on tobacco education and prevention efforts. 99-397 CLOSED SESSION: the Board adjourned at 12:56 p.m. to a closed session conference with legal counsel regarding actual litigation pursuant to Government Gode Section 54956.9(a}: Miller v. Board of Supervisors of Butte County, et al., Butte County Superior Court Gase No. 123632; conference with legal counsel regarding initiation of litigation pursuant to Government Code Section 59956.9(c): one potential case; public employee performance evaluation pursuant to Government Code Section 54957: Director-Information Systems; and conference with labor negotiators pursuant to Government Code Section 54957.6: agency negotiators: William Avery and Donald Turko; employee organizations: Butte County Employees Association (General Unit); Butte County Management Employees Association (Management, Confidential, and Supervisory Unit}; and Communication Workers of America (Social Services Workers Unit). (807} ITEM 7.01 (2) REMOVED FROM THE CLOSED SESSION AGENDA WITHOUT ACTION. Page 401 December 7, 1999 December 7, 1999 99-397 RECONVENE: the Board reconvened at 2:25 p.m. from a closed session conference with legal counsel regarding actual litigation pursuant to Government Code Section 59956.9(a): Miller v. Board of Supervisors of Butte County, et al., Butte County Superior Court Case No. 123632; conference with legal counsel regarding initiation of litigation pursuant to Government Code Section 54956.9(c): one potential case; public employee performance evaluation pursuant to Government Code Section 54957: Director-Information Systems; and conference with labor negotiators pursuant to Government Code Section 59957.6: agency negotiators: William Avery and Donald Turko; employee organizations: Butte County Employees Association (General Unit); Butte County Management Employees Association (Management, Confidential, and Supervisory Unit); and Communication Workers of America (Social Services Workers Unit). (***851)(NO ANNOUNCEMENTS) 99-398 Periodic Fiscal Status Report on Fiscal Year 1999-2000 Butte County Budget. 1. County Fiscal Status Report - overall County year-to-date _ expenditures, revenues, and trends; fiscal forecast update - action requested - ACCEPT FOR INFORMATION. 2. Department Fiscal Status Reports - year-to-date expenditures, revenues, and variances; updates on meeting the required expenditure savings - action requested - ACCEPT k'OR INFORMATION. 3. Fiscal Xear 1999-2000 Budget Adjustments: A. Exemptions to Required Expenditure Savings - action requested - DIRECT AUDITOR-CONTROLLER TO PREPARE ADJUSfiMENTS TO IMPLEMENT THE RECOMMENDED EXEMPTIONS; B. Recommended Budget Adjustments - action requested - APPROVE BUDGET TRANSFER B-096 (4/5 vote required) INCLUDING ACCEPTING AND APPROPRIATING UNANTICIPATED REVENUE, AND ABPROVAL TO PURCHASE FIXED ASSETS; Page 402 December 7, 1999 December 7 1999 99-398 3. C. Introduction of a Salary Ordinance Amendment - the proposed salary ordinance amendment implements recommended budget adjustments and mid-year changes: Treasurer/Tax Collector: adds one 60~ regular help position of Information Systems Analyst II to end July 31, 2000. County Counsel: deletes one position of Supervising Legal Secretary and one position of Office Assistant III/II/I; adds one position of Staff Services Systems Specialist and one position of Legal Secretary II/I. Sheriff-Coroner-Services: deletes two positions of Account Specialist/Senior Account Clerk/Account Clerk; adds one position of Administrative Services Assistant and one position of Auditor-Accountant TT/I. Sheriff-Coroner-Special Enforcement Unit: converts one term position of Deputy Sheriff (term to end 6-30-02) to regular help. Probation: adds one position of Information Systems Technician IT/I and one position of Probation Officer III. Public Health-General Services: adds four positions of Public Health Nurse IIT/TI/I; extends two term positions of Public Health Assistant and one term position of Office Assistant III/II/I (terms to end 6-30-00). Behavioral Health-General Services: adds one position of Senior Mental Health Counselor/Mental Health Counselor, two positions of Mental Health Clinician II/I, and one position of Medical Records Technician II/I. Welfare-Services: adds two positions of Social Worker VI/III and one position of Administrative Analysis III. Buildings and Grounds Maintenance: deletes one term position of Superintendent-Buildings and Grounds (term ends 6-30-00) and one term position of Administrative Services Assistant (term to end 12-31-99}. Director of Public Health Laboratory - salary increased to $4,286- $5,209 - action requested - WAIVE READING OF THE ORDINANCE. 9. Budget Savings Incentive Plan - action requested - APPROVE BUDGET SAVINGS INCENTIVE PLAN. 5. Organizational Performance Measures - action requested - APPROVE ORGANIZATIONAL PERFORMANCE MEASURES. (***855)(****00) MOTION: I MOVE TO DIRECT THE AUDITOR-CONTROLLER TO PREPARE ADJUSTMENTS TO IMPLEMENT THE RECOMMENDED EXEMPTIONS TO THE REQUIRED EXPENDITURE SAVINGS; APPROVE BUDGET TRANSFER B-096, INCLUDING ACCEPTING AND APPROPRIATING UNANTICIPATED REVENUE, AND APPROVING PURCHASE OF FIXED ASSETS ITEMS; WAIVE READING OF THE SALARY ORDINANCE AMENDMENT; APPROVE BUDGET SAVINGS INCENTIVE PLAN; AND APPROVE ORGANIZATIONAL PERFORMANCE MEASURES. S M VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) Page 903 December 7, 1999 December 7, 1999 99-399 Items removed from the Consent Agenda for Board consideration and action. 1. Notice of Completion - Roadway Rehabilitation on Midway from Durham Dayton Highway to 500 Feet South of Oroville Chico Highway, County Project 2637.7.-98-1 - all contract work has been completed in accordance with plans and specifications - action requested - ACCEPT CONTRACT WORK; AUTHORIZE CHAIR TO SIGN THE NOTICE OF COMPLETION; AND DIRECT RECORDING OF THE NOTICE OF COMPLETION. ITEM REMOVED FROM THE AGENDA WITHOUT ACTION; TO BE RETURNED TO THE AGENDA ON DECEMBER 14, ].999. Public Hearing and Timed Items (NO 2TEMS) 99-400 Public Comment (PRESENTATIONS WILL BE LIMITED TO FIVE MINUTES. THE $OARD OF SUPERVISORS iS PRQHIBITED BY STATE LAW FROM TAKING ACTION ON ANY ITEM TF IT IS NOT LISTED ON THE AGENDA.) (****270) 1. Tim Bousquet addresses the Board to request additional information on copy charges charged by County departments, and to express his concern that the costs being charged by some County departments are not proper. The Board was also requested to request the Court lower their fees for copy charges. BOARD bIRECTION THAT THE ISSUE OF COPY COSTS CHARGED BY CQUNTY DEPARTMENTS BE PLACED ON AGENDA IN THE NEAR FUTURE. Page 409 December 7, 1999 December 7 1999 Communications 99-401 Communications received and referred. {COPIES OF ALL COMMUNICATIONS ARE AVAILA$LE IN THE CLERK OF THE BOARD OFFICE.) 1. Ken Seaton Msemaji, President, United Domestic Workers of America, writes to the Board to request information regarding the County's implementation of AB1682 (In-Home Support Services Program Reform) and offers to work with the County in developing the required plan. {REFER TO DIRECTOR-WELFARE) 2. Jenelle Ball, Chico, writes to the Board to express her thanks to, and commendation of, Animal Control Officers Doe and Davis for their assistance during the recent loss of her pet. (REFERRED TO DIRECTOR-PUBLIC HEALTH [11-10-99]) 3. Carolyn S. Chambers, Chairman/CEO, Chambers Communications Corporation, writes the Board to give notice of a merger of Chambers Cable of Southern California, Inc., into a new corporation that will be a wholly-owned subsidiary of AT&T Corporation. (REFERRED TO CHIEF ADMINISTRATIVE OFFICER [11-17-99]) 9. Lieutenant D. Beasley, Commander, Oroville Area, Department of California Highway Patrol, writes to the Board to give notice that the Oraville office of the California Highway Patrol is proposing the expansion of the existing radar enforcement program to include the 6.6 mile section of State Route 70 between Oro Dam Boulevard and State Route 149. {REFERRED TO CHTEF ADMINISTRATIVE OFFICER, SHERIFF-CORONER, AND DIRECTOR-PUBLIC WORKS [11-17-99]) 5. Kenneth E. Beth, President, western Parkowners Mobilehome Association, writes the Board to express strong opposition to the request for rent control for mobilehome parks made by the Golden State Mobilehome Owners League. {REFERRED TO CHIEF ADMINISTRATIVE OFFICER [11-8-99]) 6. Jody E. Lonergan, North Region Environmental and District 3 Planning Division Chief, California Department of Transportation, writes to give notice of the preparation of an Environmental Impact Report/Statement (EIR/EIS) for the construction of approximately 30 miles of expressway/freeway from the junction of State Routes 65 and 70, south of Marysville, located in Yuba County, to State Route 70, south of Ophir Road and Oroville, located in Butte County, and bypassing the City of Marysville. {REFERRED TO CHIEF ADMINISTRATIVE OFFICER, DIRECTOR-DEVELOPMENT SERVICES, DIRECTOR-PUBLIC WORKS, AND AGRICULTURAL COMMISSIONER [11-24-99]) Page 405 December 7, 1999 December 7, 1999 99-401 7. Rick Kropp, Executive Director, Parent Education Network, writes to the Board to request that the Board use a majority of the tobacco settlement funds due to be received by the County to support new or expanded efforts to prevent and reduce tobacco use, especially among children. (REFERRED TO CHIEF ADMINISTRATIVE OFFICER [11-29-99]} ADJOURNMENT: ATTEST: John S. Blacklock, Chief Administrative Officer and le k of the B r~,d, ~opf~Supervisors Page 406 December 7, 1999 There being no further business before the Board, the meeting was adjourned at 9:21 p.m. to reconvened on Tuesday, December 19, 1999.