HomeMy WebLinkAboutM010996MINUTES
BOARD OF SUPERVISORS
ED McLAUGHLIN, 4th District, Chair
VIVIAN MEYER, 1st District
JANE DOLAN, 2nd District
MARY ANNE HOUX, 3rd District
GORDON THOMAS, 5th District
nu~,y 9, i 996
Call to order -Board of Supervisors room, County Administration Building, 25
County Center Drive, Oroville. Present: Supervisors V. Meyer, Dolan, Houx,
Thomas and Chair McLaughlin. 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 -Pastor Harry Hernandez, Grace Community Church, Chico.
' r r 199
96-0 l Comments by Chair McLaughlin {CHAIR McLAUGHLIN REFLECTED ON 1995:
THIS YEAR STARTED OUT WITH FINANCIAL UNCERTAINTY AND WITH
TIC SUPPORT RECEIVED BY STAFF, CITIZENS, COMMUNITY
ORGANIZATIONS, AND IN PARTICULAR, SUPERVISOR HOUR, RESULTED
IN THE SUBSEQUENT SIGNING BY THE GOVERNOR OF SB l24;
HOWEVER, THE YEAR ENDED ONCE AGAIN WITH UNCERTAINTY
BECAUSE OF THE NEED FOR AN ELECTION REGARDING THE UTILITY
USER TAX IN 1996, AND THE WORK NEEDED BY THE COUNTY, BOARD
MEMBERS, AND DEPARTMENT HEADS TO GET OUT THE WORD ON THE
IMPACTS OF THE UTILITY TAX AND NEED FOR ITS ADOPTION; AND
RECOGNITION OF COUNTY EMPLOYEES PROVIDING ASSISTANCE
TO THE PUBLIC, IN PARTICULAR THE SHERIFF'S DEPARTMENT, PUBLIC
WORKS, AND EMERGENCY SERVICES OFFICER, DURING THE JANUARY,
FEBRUARY, MARCH, AND THEN AGAIN IN DECEMBER, STORMS)
Election of new Board Chair
MOTION: I MOVE FOR THE REELECTION OF SUPERVISOR
McLAUGHLiN (DISTRICT 4} AS CHAIR OF THE BOARD FOR
1996.
S M
VOTE: l Y 2 Y 3 Y 4 Y S Y (Unanimously Carried}
Page O1
January 9, 1996
--.
]anuarY 9, 1995
96-01 Election of new Board Vice Chair
MOTION: I MOVE THAT WE ELECT SUPERVISOR MEYER AS VICE
CHAIR OF THE BOARD FOR 1996,
M S
VOTE: l Y 2 Y 3 Y 4 Y S Y (Unanimously Carved}
Comments by Supervisors:
A. New Chair (CHAIR McLAUGHLII~
B. Other members of the Board (SUPERVISOR MEYER)
(PRESENTATION BY SUPERVISOR HOUR OF A FRAMED PHOTOGRAPH
TO CHAIR McLAUGHLIN WITH A PLAQUE INSCRIBED "ED McLAUGHLIN,
1995 CHAIR -INAPPRECIATION FOR DEDICATED SERVICE, BUTTE
COUNTY BOARD OF SUPERVISORS")
96-02 items removed from the Consent Agenda for Board consideration and action.
General Services -Telecommunications ISF -Board authorization is
requested to purchase a laptop personal computer in the estimated amount of
$2,600 (Department budget) to replace an older, slower model which will be
used by stafffor limited functions -action requested -APPROVE BUDGET
TRANSFER B-077 AND PURCHASE OF FIXED ASSET ITEM.
2. Correctional Telecom GrouplInvision Telecom -inmate telephone system -
an agreement has been prepared assigning the inmate telephone system
contract from Correctional Telecom Group to Invision Telecom. The
assignment has a term to January 31, 1997 and contains a provision to
extend the agreement for two additional years -action requested -APPROVE
AGREEMENT AND AUTHORIZE THE GENERAL SERVICES
DIRECTOR TO SIGN SUBJECT TO APAROVAL BY COUNTY
COUNSEL.
Page 02
January 9, I99b
Jerry 9. 1996
9fi-02 3. State Department of Health Services -under the terms of agreement no. 95-
23502, 100 percent State funding in the amount of S244,000 is available to
contiruie the Hepatitis A Prevention Project during the period January 1, 1996
to December 31, 1996 -action requested:
A. APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO
SIGN SUB]ECT TO APPROVAL OF COUNTY COUNSEL AND
AUDITOR-CONTROLLER; AND
B. Introduction of a salary ordinance amendment establishing one
temporary position of Public Health Nurse II, and two temporary
positions of Office Assistant II, I for the Hepatitis AProject -action
requested -WAIVE READING OF THE ORDINANCE.
96-03 1. Approval of minutes -action requested -APPROVE MINUTES OF
DECEMBER 5, 1995 AND DECEMBER 12, 1995.
2. Budget transfers -action requested - APPROVE BUIX"ET TRANSFERS
B-Ofi5 {AUDITOR-CONTROLLER/1995-96 BUDGET MODIFICATIONS),
B-075 (ADMINISTRATION}, B-076 (CLERK OF THE BOARD), B-069
(COMMUMCATIONS), AND B- 070 (JAIL).
3. County Library donations - in accordance with Government Code Section
25355, donations of 52,268.24 from Chico Friends of the Library; X1,000
from Mary R. Raymond; 5850 from Friends of the Library, Oroville; 5300
Anonymously; 5200 from Barbara Bush Zontek, Oroville; 5100 from Bruce
and Nancy McDougal, Chico; S 100 from Robert and Elsie Dinsmore,
Oroville; and 5100 from Bernard and Thelma O'Neill, Chico have been
received for the Butte County Tcust Fund for the purchase of books -action
requested -ACCEPT DONATIONS AND AUTHORIZE LETTERS OF
APPRECIATION.
4. Community Action Agency -action requested -APPOINT DAVID E.
YARBROUGH (DISTRICT 1 } TO FILL AN UNEXPIRED TERM
ENDING DECEMBER 31, 1946.
Durham Mosquito Abatement District -action requested -REAPPOINT
STEVEN D. JONES, DALE ANTONOWICH, AND DON BULLERUD
TO TERMS TO EXPIRE DECEMBER 31, 1999.
Page 03
January 9, 1996
]~ 9, 1995
96-03 6. Final map -Keefer Creek Estatcs, Phase 2 -the developer has provided
construction and maintenance bonds to guarantee construction and
maintenance of facilities for a period of one year, AP 047-350-067 and -078,
21 lots, property located at the south end of Kelsey Drive on the south side
of Keefer Road, North Chico area -action requested -APPROVE FINAL
MAP; ACCEPT EASEMENTS AND RIGHT-OF-WAYS AS OFFERED IN
ITEMS 1, 2, AND 5 OF THE OWNER'S STATEMENT ON BEHALF OF
THE PUBLIC (NOTE THAT THE KEEPER SLOUGH STORM
DRAINAGE EASEMENT OFFERED FOR DEDICATION IN ITEM 5 OF
THE OWNER'S STATEMENT AND LOT 52 OFFERED IN FEE SIIVIPLE
IN ITEM 7 OF THE OWNER'S STATEMENT ARE NOT ACCEPTED AT
THIS TIME, AND THAT THE "FUTURE STREET" AND THE
EASTERLY EXTENSION OF LIMOUSIN DRIVE AS SHOWN ON
THAT CERTAIN MAP ENTITLED "KEEPER CREEK ESTATES" AND
RECORDED IN BOOK 122 OF MAPS, AT PAGES 12-15 ARE HEREBY
ABANDONED.)
7. Final map -Yellowstone Park Subdivision for Webb Homes -the developer
has provided bonds to guarantee construction and maintenance of
improvements within a period of one year, AP 006-500-011, four parcels,
property located on the southwest side of Esplanade, approximately 2800 feet
north of Shasta Avenue, Chico area -action requested -APPROVE FINAL
MAP; ACCEPT EASEMENTS AS OFFERED IN ITEM "A" OF THE
OWNER'S STATEMENT ON BEHALF OF THE PUBLIC; AND
AUTHORIZE THE CHAIR TO SIGN THE SUBDIVISION AGREEMENT.
8. Darrell Hendrix, Paradise - files a claim in an unspecified amount as result of
alleged negligence by employees of Butte County Sheriffs Department
and/or Butte County Welfare Department, agents and officers of the U. S.
Marshals Service on or about May 31, 1495 in Paradise, California -action
requested -REJECT CLAIM AND REFER TO COUNTY COUNSEL AND
RISK MANAGER.
9. Anthony Harvey Savage, Chico - files a claim for indemnification in an
unspecified amount as a result of a traffic collision at the intersection of East
and Floral Avenues, Chico on or about October 24, 1994, and the
subsequent filing on August 10, 1995 in Butte County Superior Court of a
wrongful death action naming claimant -action requested -REJECT CLAIM
FOR INDENINIFICATION AND REFER TO COUNTY COUNSEL AND
RISK MANAGER.
Page 04
January 9, 1996
96-43 10. Kimmy Mills, Oroville - files a claim for alleged damages in the amount of
8500,000 as a result of the death of Shareena Lynn Mills on or about
October 13, 1995 at Butte County Jail -action requested -REJECT CLAIM
AND REFER TO COUNTY COUNSEL AND RISK MANAGER.
11. Fire Department -Board authorization is requested for a budget transfer
of 51,608.75 (Department budget) to complete purchase of a Triple
Combination fire engine, which was part of the 1994-95 budget and has been
received -action requested -APPROVE BUDGET TRANSFER B-072.
12. Award of bid no. 34-96F -Probation Department network server -bids have
been received for the purchase of a Novel certified network file server for the
Probation Department with the low bidder meeting specifications being Austin
Direct of Austin, TX in the amount of 59,672.88, including tax -action
requested -AWARD BID.
13. Mental Health Department -Board authorization is requested for the purchase
of IBM software in the maximum amount of S546 (Department budget) for
the interpretation and scoring of psychological testing data by youth services
clinicians at 492 Rio Lindo -action requested -APPROVE BUDGET
TRANSFER B-068 AND PURCHASE OF FIXED ASSET ITEM.
14. Mental Health Department -Board authorization is requested to transfer the
5550 allocated within the Departrrrent's budget (fixed assets) for the purchase
of a computer work station to office expense-outside, and to reallocate the
55,100 within the budget (fixed assets) earmarked for three copiers to
computers -action requested -APPROVE BUDGET TRANSFER B-067
AND ADJUSTMENT TO ALLOCATED FIXED ASSETS.
1 S. Public WorkslDevelopment Services-Building Inspection - Board
authorization is requested to purchase a Hewlett Packard Office Jet
(printer/plain paper fax/copier) in the total estimated cost of x650 for use by
Public Works and Development Services-Building Inspection. Funding for
the machine will come equally from Public Works General Administration
Budget through funds allocated for a fabricated desk that is not being
purchased this year, and Development Services-Building Inspection budget
through savings realized in this year's acquisition of fixed assets -action
requested -APPROVE PURCHASE OF FIXED ASSET ITEM (DELETING
FABRICATED DESK FROM PUBLIC WORKS GENERAL
ADMINISTRATION BUDGET).
Page 05
January 9, ]996
~~n]}ary 9. 1996
96-03 16. Investments Information Report -the Treasurer-Tax Collector submits the
November 30, 1995 report in accordance with the County's Statement of
Investment Policy dated June 1, 1995 -action requested -ACCEPT FOR
INFORMATION,
17. Tri-County Economic Development Corporation -proposed is an agreement
with Tri-County Economic Development Corporation for administration of
Economic Development Block Grant No. 95-EDBG-344 with compensation
from the grant of 5900 -action requested -APPROVE BUDGET
TRANSFER B-074; AGREEMENT; AND AUTHORIZE THE CHAIR TO
SIGN.
18. Chico Redevelopment Agency/Chico Unified School District/Chico Area
Recreation and Park District/County of Butte - on December 5, 1995, the
Board approved utilization of Community Development Block Grant program
income fiinds in an amount not to exceed 53,000 for use as a match with three
other local agencies to provide for groundwater testing for the McKinney
property redevelopment project. A letter of agreement has been prepared by
the City of Chico governing the use of the money that will be used for the
installation and initial testing of groundwater monitoring wells and additional
soil testing on the McKinney property -action requested -APPROVE
LETTER AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN.
19. Adoption o f a salary ordinance amendment -the Personnel
Department has completed a classification study for the Development Services
Department to address a pending request agreed upon during the meet and
confer process with the Butte County Employees Association for the 1994-97
contract period. The Personnel Bepartrnent recommends reclassification of
the incumbent from an Office Assistant III (1077} to an Administrative
Services Assistant {1130) at a total cost for 1995-96 fiscal year of 54,433
(Department budget) -action requested -ADOPT ORDINANCE 3230 AND
AUTHORIZE THE CHAIR TO SIGN. (FROM 12-12-95)
20. Adoption of a salary ordinance amendment -the District Attorney has
requested the Director-Personnel review the allocation of a vacant Office
Assistant III (salary range 1077) position within the Family Support Division
to an existing classification of Courier/Stock Clerk (salary range 1081 }, and
supports the request. The total cost for 1995-96 fiscal year is 5151
(Department budget} -action requested -ADOPT ORDINANCE 3231 AND
AUTHORIZE THE CHAIR TO SIGN. {FROM 12-12-95}
Page 06
January 9, 1996
J~ 9, 1996
96-03 21. Adoption of a salary ordinance amendment -Administrative OfficeJGeneral
Services Division -the Personnel Department recently carnpleted a
classification study for the General Services Division to address a pending
request agreed upon during the meet and confer process with the Butte
County Employees Association for the l 99497 contract period. This request
was due to an outstanding grievance filed by BCEA in 1994. The Personnel
Department anal}rred the internal equity issues as outlined in the grievance to
determine whether or not proper salary dif3'erentials existed between the
building crafts worker, the lead worker, and the first line supervisor. It is
recommended that the position ofLead-Building Crafts Worker (salary range
1166) be aligned to salary range 1186, and the Supervisor- Building Crafts
Worker {salary range l 186) be aligned to salary range 1206; both changes
retroactive to April 22, 1995 -action requested -ADOPT ORDINANCE
3232 AND AUTHORIZE THE CHAIR TO SIGN. (FROM 12-12-95}
22. Adoption of a salary ordinance amendment -the Probation Department is
requesting that a term position be temporarily allocated to Juvenile Hall due
to a current staffing shortage. Personnel Rules limit the number of hours an
extra-help employee may work to a maximum of 960 hoursJyear. Probation
has an extra-help employes who currently exceeds the 960 hours and will be
needed through the remainder of the fiscal year. The salary ordinance
implements the addition of one allocated position, which will be designated as
a temporary, term position (511,523/Departmeitt budget) -action requested -
ADOPT ORDINANCE 3233 AND AUTHORIZE THE CHAIR TO SIGN.
(FROM 12-12-95)
23. Adoption of a salary ordinance amendment -Public Health Department - on
November 14, 1995, the Board approved the 1995-96 Women, Infants, and
Children (WIC) agreement that contained additional funding beyond the
amount anticipated in the 1995-96 final budget to cover the caseload increase
(to 5,450 for the 1995 fiscal year} approved by the State. The agreement
includes funding for one (Nutrition Assistant II, I) and one-half (Public Health
Nurse III, II, I) additional positions { 100'% Federal funding) -action
requested -ADOPT ORDINANCE 3234 AND AUTHORIZE THE CHAIR
TO SIGN, (FROM 12-] 2-95)
24. Adoption of a salary ordinance amendment -State HIV Children's Program -
adding one full-time Health Education Specialist position and one-half time
Clinic Nurse position to the Public Health-General Services budget unit -
action requested -ADOPT ORDINANCE 3235 AND AUTHORIZE THE
CHAIR TO SIGN. (FROM 12-12-95}
Page 07
January 9, 1996
January 9, 1996
96-03 25. Introduction of a salary ordinance amendment -District Attorney-Family
Support Division - a classification study for the newly allocated position of
Assistant Family Support Administrator was approved as part of the final
adopted 1995-96 budget. The classification study has been conducted, and
it is recommended that this position be established at salary range 1273
($3413-54149/36 hour work week) -action requested -WAIVE READING
OF T'I-iE ORDINANCE.
26. Introduction of a salary ordinance amendment which reallocates the current
positions of Supervisor-Mental Health Nurse (salary range 1248) to be
flexibly staffed with the lower level lead worker classification of Mental
Health Staff Nurse III (salary range 1228). This will allow the department
greater flexibility in staffing these positions in the future, with a cost savings
to the department -action requested -WAIVE READING OF THE
ORDINANCE.
27. Introduction of a salary ordinance amendment -Department of Social
Welfare-Administration - in order to provide data processing operations
support as a result of changes brought on by ISAWS, and the addition of
computers and data processing equipment required by the department, a salary
ordinance amendment has been prepared to reclassify one Welfare Support
Services Supervisor to Administrative Support Assistant; eliminate two Data
Entry Operator I positions and extend the term of one Staff Services System
Specialist to June 30, 1996; reclassify one Micrographic Technician II to
CourierlStock Clerk; and remove the hiring freeze of a Program Manager.
The requested classification/staff changes will result in a net County cost
savings of Sb,997 -action requested -WAIVE READING OF THE
ORDINANCE.
28. Resolution in recognition of The Honorable Loyd Mulkey, Judge, Butte
County Superior Court, upon his retirement after 15 years of County service -
action requested -ADOPT RESOLUTION 96-O1 AND AUTHORIZE THE
CHAIR TO SIGN.
29. Resolution establishing implementation of the Butte County Policy for Testing
for Alcohol Misuse and Controlled Substances Use -the County's negotiators
have met acrd conferred with the employce associations regarding the Policy -
action requested -ADOPT RESOLUTION 96-02 AND AUTHORIZE THE
CHAIR TO SIGN.
Page O8
January 9, 1996
January 9. 1996
96-03 30. Contract change order (CCO) no. 1 -Holly Avenue realigririient and bridge
across Lindo Channel, County contract iio. 55201-93-1 - CCO no. 1 provides
payment to the contractor in the amount of S7' 11.45 for furnishing and
installing additional bar rettiforcing steel at the prestress anchorages and in
each of the four corners of the bridge deck -action requested -APPROVE
CCO NO. 1 AND AUTHORIZE THE CHAIR TO SIGN.
31. Resolution prohibiting stopping, standing or parking - on the basis of a traffic
engineering investigation, it is deemed advisable that the stopping, standing
or parking of vehicles be prohibited on the west side of the Esplanade {from
Nord Highway to 300 feet south} - action requested - ADOPT
RESOLUTION 96-03 AND AUTHORIZE THE CHAIR TO SIGN.
32. Notice of completion for construction of traffic signal installation at the
intersection of Midway and Hegan Lane, County contract no. 26311-92-1 -
all contract work has been completed in accordance with the plans and
specifications - action requested - ACCEPT CONTRACT WORK;
AUTHORIZE THE CHAIR TO SIGN THE NOTICE OF COMPLETION;
AND AUTHORIZE FILING OF THE NOTICE OF COMPLETION.
33. Chief Administrative Officer -proposed is the fourth amendment to the
agreement far employment services for the Chief Administrative Officer,
extending the term of employment to June 8, 1998 -action requested -
APPROVE AMENDMENT TO AGREEMENT AND AUTHORIZE THE
CHAIR TO SIGN.
34. Assignment of counsel -County Counsel proposes the assignment of
Hami}ton v, County of Butte to the law f~rtn of Carroll, Burdick &
McDonough -action requested -APPROVE ASSIGNMENT OF COUNSEL.
3 5. Assignment of counsel -County Counsel proposes the assignment of Ramos
v. Starr, et al. to the law firm of Price, Brown & Halsey -action requested -
APPROVE ASSIGNMENT OF COUNSEL.
Page 09
January 9, 1946
Jay 9, 1996
96-03 36. State Department of Mental Health -pursuant to Welfare and Institutions
Code Sections 5602 and 4330, the County is responsible for establishing a
community mental health service to cover the entire area of the County, and
for reimbursing the Department for its use of State hospital beds. Proposed
is the annual performance contract between the County's Alcohol, Drug and
Mental Health Department and the State, which covers the maintenance of
effort, program principles, program reimlwrsesr~ent methods, quality assurance
and performance outcomes for fiscal year 1995-96. The term of the contract
is July 1, 1995 through June 30, 1996, with no fiscal responsibility on behalf
of the County -action requested -APPROVE CONTRACT AND
AUTHORIZE THE CHAIR TO SIGN; AND AUTHORIZE DIRECTOR-
MENTAL HEALTH TO SIGN THE PERFORMANCE CONTRACT
SUBJECT TO APPROVAL OF COUNTY COUNSEL AND AUDITOR-
CONTROLLER.
37. Delta Dental Insurance Program -County employees -proposed is a renewal
of the contract, which covers a one year period starting January 1, 1990
through December 1, 1996. The Delta Dental rates will decrease (Single from
519.97 to 517.97; Employee and one dependent frarn 542.79 to 538.51; and
Employee and family from 562.78 to 556.50}. There are no changes in
benefits -action requested -APPROVE CONTRACT RENEWAL AND
AUTHORIZE THE DIRECTOR-PERSONNEL TO SIGN.
38. Dental Plan of America (DPA) Insurance Program -County employees -
proposed is a reoewal of the contract, which covers a one year period starting
January 1, 1996 through December 3, 1996. The DPA rates will increase
(Single from 517.38 to 51$.51; Employee and one dependant from S34.76 to
537.03; and Employee and family from 550.41 to 553.70). There are no
changes in benefits -action requested -APPROVE CONTRACT RENEWAL
AND AUTHORIZE THE DIRECTOR-PERSONNEL TO SIGN.
39. Medical Eye Services Vision Insurance Program -County employees -
proposed is a renewal of the contract, which covers a one year period starting
January 1, 1996 through December 31, 1996. The rates will be increased
from 59.75 to 510.75 per employee per nwnth -action requested -
APPROVE CONTRACT RENEWAL AND AUTHORIZE THE
DIRECTOR-PERSONNEL TO SIGN.
Page IO
January 9, 1996
9 9
96-03 40. State Department of Health Services -under the terms of this agreement,
Butte County will claim Federal reimbursemestt for targeted case management
services that are provided to eligible Medi-Car beneficiaries. The agreement
covers the period July 1, 1995 to June 30, 1996. It is anticipated this program
may generate an additional 540,000 in unanticipated revenue -action
requested -APPROVE AGREEMENT AND AUTHORIZE THE CHAIR
TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND
AUDITOR-CONTROLLER.
41. Town of Paradise -Butte County Cade Section 19- l 0. I allows a local
governing board to apply to the Board of Supervisors for an exception to
allow expansion of a septic tank system upon adjacent property. Proposed is
an agreement which allows the Town of Paradise to pernut, inspect and
oversee the installation of a septic system repair upan a County parcel to serve
a Town parcel. Under terms of the agreement, the Town and the permittee
are responsible for "all costs associated with repair, inspection, use,
maintenance and oversight of the repair" -action requested -APPROVE
AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN.
42. Neal Road Landfill -landfill gas monitoring - on January 24, 1995, the Board
approved a proposal Srom Neal Road Landfill Company to perform landfill gas
monitoring„ required by State and Federal regulations, for a one year period.
Neal Road Landfill Company has proposed to have their engineer, James A.
Wyse, Inc., provide the same services far an additional one year period at the
same cost {S3,000/Neal Road L,aridfill Management Fund) -action requested -
APPROVE LETTER PROPOSAL AND AUTHORIZE PUBLIC WORKS
TO DIRECT NEAL ROAD LANDFILL COMPANY TO PROCEED WITH
THE WORK AT A COST NOT TO EXCEED 53,000.
43. Enloe Hospital -proposed is a contract to provide apart-time registered nurse
to work as a nurseltrainer in the Department of Social Welfare's Options for
Recovery Perinatal Program. The contract, in the amount of 533,1 SO (hourly
wage and mileage for approximately 30-35 hours per week} (FederaVState},
is effective November 28, 1995 to June 30, 1996 -action requested -
APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN.
Pagel 1
January 9, 1996
January 9. 1996
96-03 44. Town of Paradise -forwards its Resolution No. 95-31, requesting the Board
of Supervisors to consolidate a spoaial municipal cloction to be held on March
26, 1996, to place a ballot measure before the Paradise voters regarding a
Utility Users Tax, with the statewide primary election to be held on that date -
action requested - APPROVE CONSOLIDATION OF SPECIAL
MUNICIPAL ELECTION WITH STATEWIDE PRIMARY ELECTION
TO BE HELD ON MARCH 26, 1996.
MOTION: I MOVE TO APPROVE THE CONSENT AGENDA WITH THE
REMOVAL OF ITEMS 3.13, 3.37 AND 3.43.
S M
VOTE: l Y 2 Y 3 Y 4 Y S Y {Unanimously Carried)
R 1 A
95-04 PRESENTATION BY CHAIR McLAUGHLIN OF RESOLUTION 95-01,
ADOPTED BY THE BOARD IN APPRECIAT70N AND RECOGNITION OF THE
HONORABLE LOYD MULKEY, JUDGE, BUTTE COUNTY SUPERIOR
COURT, UPON HIS RETIREMENT AFTER 1 S YEARS OF COUNTY SERVICE.
95-05 INTRODUCTION OF SHAROL STRICKLAND, NEW COURT EXECUTIVE
OFFICER.
96-06 State Community Deveiopmerit Block Grant to complete an industrial land inventory
for the County -presentation by Rick Farley, President, Butte County Economic
Development Corporation, of a check to the County in the amount of 51,050, the
three percent local cash match required by the Grant.
96-07 Items removed from the Consent Agenda for Board consideration and action.
General Services -Telecommunications 1SF -Board authorization is
requested to purchase a laptop personal computer in the estimated amount of
52,600 (Department budget} to replace an older, slower model which will be
used by staff for limited functions -action requested -APPROVE BUDGET
TRANSFER B-077 AND PURCHASE OF FIXED ASSET ITEM. {NO
ACTION TAKEN)
Page 12
January 9, 1996
January 9. 1996
96-07 2. Correctional Telecom Group/Invision Telecom -inmate telephone system -
an agreement has been prepared assigning the inmate telephone system
contract from Conrectianal Telecom Group to Invision Telecom. The
assignment has a term to January 31, 1997 and contains a provision to
extend the agreement for two additional years -action requested -APPROVE
AGREEMENT AND AUTHORIZE THE GENERAL SERVICES
DIRECTOR TO SIGN SUBJECT TO APPROVAL BY COUNTY
COUNSEL. (475)
MOTION: I MOVE TO APPROVE THE AGREEMENT AND AUTHORIZE
THE GENERAL SERVICES DIRECTOR TO SIGN SUBJECT TO
APPROVAL BY COUNTY COUNSEL.
M S
VOTE: I Y 2 Y 3 Y 4 Y S Y (Unanimously Carried}
3. State Department of Health Services -under the terms of agreement no. 95-
23502, l00 percent State funding in the amount of X244,000 is available to
continue the Hepatitis A Prevention Project during the period January 1, 1996
to December 31, 1996 -action requested:
A. APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO
SIGN SUBJECT TO APPROVAL OP COUNTY COUNSEL AND
AUDITOR-CONTROLLER; AND
B. Introduction of a salary ordinance amendment establishing one
temporary position of Public Health Nurse II, and two temporary
positions of Office Assistant II, I for the Hepatitis AProject -action
requested -WAIVE READING OF THE ORDINANCE. {598}
MOTION: I MOVE TO A) APPROVE AGREEMENT AND AUTHORIZE
THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY
COUNSEL AND AUDITOR-CONTROLLER; AND B) WAIVE
READING OF THE ORDINANCE.
S M
VOTE: 1 N 2 Y 3 N 4 Y S Y (Motion Carried}
96-08 Appointments -commissions and committees.
A. Appointments to committee vacancies. (NONE}
Page 13
January 9, 1996
January 9, 1996
96-09 Update on Sacramento legislative and budget activities. (1006) (JOHN S.
BLACKLOCK, CHEF ADMINISTRATIVE OFFICER, REPORTED THAT
CALIFORNIA STATE ASSOCIATION OF COUNTIES' [CSAC] HAS
DEVELOPED A NEW FORMAT FOR ITS LEGISLATIVE BULLETIN, WHICH
THE BOARD SHOULD BE RECEIVING COPIES OF BY TODAY; AND A
TELEPHONE CONVERSATION WITH ASSEMBLYMAN RICHTER WHEREIN
THE ASSEMBLYMAN ASKED MR. BLACKLOCK TO TALK OVER A FEW
LEGISLATIVE IDEAS WITH THE BOARD CHAIR)
96-10 Report to Board -Southgate Acres Subdivision (Entler Avenue) storm drain system -
action requested -ACCEPTANCE BY THE COUNTY OF THE SOUTHGATE
ACRES SUBDIVISION IMPROVEMENTS CONTINGENT UPON
SATISFACTORY COMPLETION OF PROPOSED CONDITIONS OF
ACCEPTANCE NOS. 1-1 1. (FROM 12-12-95) (1034) (NO ACTION TAKEN}
96-11 Introduction of an ordinance amending Chapter 31B entitled "Solid Waste Collection
in the Chico Urban Area", of the Butte County Code -action requested -WAIVE
READING OF THE ORDINANCE. (1144)
MOTION: I MOVE TO WAIVE READING OF THE ORDINANCE.
S M
VOTE: l Y 2 Y 3 Y 4 Y S Y (Unanimously Carried)
96-12 Introduction of an ordinance adding Section 32A-13, pertaining to controlled
substance nuisances, to the Butte County Code -action requested -WAIVE
READING OF THE ORDINANCE. (FROM 12-12-95) (1315)
MOTION: I MOVE TO WAIVE READING OF THE ORDINANCE.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
96-13 Introduction of an ordinance amending Section 15-2.1 of Chapter 1 S, "]uvenile
Curfew", to the Butte County Code -the proposed ordinance modifies the ]uvenile
Curfew's hours of operation to make County and City requirements uniform -action
requested -WAIVE READING OF THE ORDINANCE. (FROM 12-12-95 } (1572)
MOTION: I MOVE TO WAIVE READING OF THE ORDINANCE.
M S
VOTE: l Y 2 Y 3 Y 4 Y S Y (Unanimously Carded)
RECESS: 9:57 A.M.
RECONVENE: 10:15 A.M.
Page 14
January 9, 1996
]anuary 9. 1996
Public Hearings and Ti~~ -Items
96-14 Public hearing - formation of County Service Area {CSA} No. 163 (Thorntree
Industrial Park) -the Local Agency Formation Commission (LAFCo) has approved
the formation of CSA No. 163 to provide the maintenance of storm drainage, fire
protection and street lighting facilities within said area - action requested -ADOPT
RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. {FROM l i-14-95)
(1710)
MOTION: I MOVE TO ADOPT RESOLUTION 96-44 AND AUTHORIZE
THE CHAIR TO SIGN.
S M
VOTE: l Y 2 Y 3 Y 4 Y S Y (Unanimously Carried)
96-15 Public hearing - H. B. Light -abandonment of a portion of an alley in Corona Terrace
Subdivision, property located between Siesta and Nevada Avenues, and between 11th
and 12th Streets, identi&ed as AP 031-271-003 to -415, in the Thermalito area of
Oroville -action requested -ADOPT RESOLUTION AND AUTHORIZE THE
CHAIR TO SIGN. (FROM 11-28-95) (1765)
MOT10N: I MOVE TO ADOPT RESOLUTION 96-05 AND AUTHORIZE
THE CHAIR TO SIGN.
S M
VOTE: l Y 2 Y 3 Y 4 Y S Y (Unanimously Carried)
96-16 Public Comment. (PRESENTATIONS WILL BE LIIVIITED TO FIVE MINUTES.
THE BOARD OF SUPERVISORS IS PROHIBITED BY STATE LAW FROM
TAKING ACTION ON ANY ITEM PRESENTED IF' IT IS NOT LISTED ON THE
AGENDA.) {1858} (NONE)
Page l5
]anuary 9, 1996
n 9 199
96-17
CLOSED SESSION
RECONVENE: The Board reconvened at 11:00 a.m. following a closed
session conference with legal counsel for actual litigation
pursuant to Government Code Section 54956.9(a) (Turner v.
County of Butte, Butte County Superior Court Case No.
112050, and Carty v. County of Butte.) (NO
ANNOUNCEMENTS)
The Board recessed at 10:21 a.m. to a closed session
conference with legal counsel for actual litigation
pursuant to Government Code Section 54956.9(a)
(Turner v. County of Butte, Sutte County Superior
Court Case No. 112050, and Carby v. County of
Butte. }
Public Hearings and Timed Iterr~
96-18 Public hearing -Roger Grubbs -consideration of a rezone (item on which a negative
declaration regarding environmental impacts has been recommended) from PAC
(Planned Area Cluster) to C-2 (General Commercial), property located on the
northwest comer of Olive Highway and Canyon Drive, identified as AP 068-130-014,
-043, Oroville. (1945} {**00)
MOTION: I MOVE TO FIND 1) ENVIRONMENTAL FINDINGS: A. AN
IIVITIAL STUDY WAS COMPLETED IN COMPLIANCE WITH
THE CALIFORMA ENVIItONMENTAL QUALITY ACT
IDENTIFYING POTENTIALLY SIGNIFICANT
ENVIRONMENTAL EFFECTS THAT THE PROJECT MAY
HAVE. PROVISIONS AND THE DESIGN OF THE PROJECT
WILL MITIGATE SUCH EFFECTS TO A LEVEL OF
INSIGNIFICANCE; B. A PROPOSED NEGATIVE
DECLARATION HAS BEEN COMPLETED IN COMPLIANCE
WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT;
AND C. THE BOARD OF SUPERVISORS HAS
INDEPENDENTLY REVIEWED, ANALYZED, AND
CONSIDERED THE PROPOSED NEGATIVE DECLARATION
WITH MITIGATION MEASURES PRIOR TO MAKING ITS
DECISION ON THE PROJECT, AND THE NEGATIVE
DECLARATION REFLECTS THE INDEPENDENT JUDGEMENT
OF BUTTE COUNTY; AND 2. SUBDNISION MAP ACT
Page 16
January 9, 1996
Januar~9. 1996
96-18 F1NDiNGS: A. THE PROPOSED REZONE OF C-1 IS
CONSISTENT AND CONFORMS TO THE POLICIES,
INCLUDING THE TEXT AND MAP, OF THE BUTTE COUNTY
GENERAL PLAN; B. THE REZONE TO C-1 IS CONSISTENT
WITH THE GENERAL PLAN DESIGNATION OF
COMMERCIAL AND COMPLIES WITH GOVERNMENT CODE
REQUIREMENTS OF COMPATIBILITY AND CONSISTENCY
BETWEEN THE GENERAL PLAN DESIGNATIONS AND
ZONING CLASSIFICATIONS, INCLUDING THE ZONING
FACTORS LISTED IN THE LAND USE ELEMENT. SUBJECT
TO THE ABOVE ENVIRONMENTAL AND SUBDIVISION MAP
ACT FINDINGS, I MOVE TO ADOPT A NEGATIVE
DECLARATION WITH MITIGATION MEASURES FOR A
REZONE ON AP 068-130-014, -043, AND ADOPT ORDINANCE
3236 APPROVING THE REZONE FOR ROGER GRUBBS ON
AP 068-130-014, -043.
M S
VOTE: l Y 2 Y 3 Y 4 Y S Y (Unanimously Carried)
(DIRECT STAFF TO RETURN TO THE BOARD, BEFORE THE REZONE
BEFORE US TODAY BECOMES EFFECTIVE, WITH EITHER A DEFINITION
OF MINI STORAGE THAT COMPLIES WITH WHAT THE BOARD ASKED
FOR HERE TODAY, OR A REQUEST FOR BOARD INTERPRETATION OF
THE ZONING ORDINANCE AS IT APPLIES TO MINI STORAGE}
{CHAIR McLAUGHLIN NOT PRESENT/VICE CHAIR MEYER PRESIDING}
96-19 Public hearing -Bill RetzerlRichard L. Norlund -consideration of an appeal of the
Planning Commission's approval of the Clay Gunn use permit (item on which a
negative declaration with mitigation measures regarding environmental impacts has
been recommended) to allow multiple recreational activities including bingo, dancing,
concerts, baseball clinics, swap meets, wedding receptions, and a residential care
facility for up to 12 children on property zoned "U" {Unclassified) and S-H (Scenic
Highway), property located on the east side of Clark Road, approximately 112 mile
north of Highway 70, identified as AP 041-150-041, Oroville. (145) (HEARING
OPENED AND CONTINUED OPEN TO FEBRUARY 13, 1996 AT 10:00 A_M.)
Page 17
January 9, I }96
.-.
9 199
Communications
96-20 Commuuucations received and referred. (COPIES OF ALL COMMUNICATIONS
ARE AVAILABLE IN THE CLERK OF THE BOARD OFFICE.)
A. William R. Patrick, Presiding Judge, The Consolidated Superior and
Municipal Courts of Butte County -advises the Board that the Judges of the
Consolidated Courts of Butte County have voted to (1) transfer from the
County Clerk to the Court Executive Officer of the Consolidated Courts,
Sharol H. Strickland, all powers, duties and responsibilities of the County
Clerk which relate to, serve or impact the functions of the courts, and (2)
transfer from the Municipal Court C1erlc/Administrators to the Court
Executive Officer of the Consolidated Courts all powers, duties and
responsibilities of the Municipal Court C1erlc/Administrators which relate to,
serve or impact the fiuxxions of the courts. The effective date of the transfer
is January 2, 1996. (REFER TO CHIEF ADMINISTRATIVE OFFICER)
B. Steven C. Szalay, Executive I}irector, California State Association of
Counties {CSAC) -thanks the Board for its correspondence regarding the
need to develop a local government civics curriculum. Mr. Szalay briefly
outlines CSAC's developments to date, expresses its interest in working with
the League of California Cities, the California School Boards Association and
others to develop a curriculum on local government, and at the January 4,
199b joint meeting of their associations, will discuss this potential joint
project. (REFER TO CHIEF ADMINISTRATIVE OFFICER)
C. Karen Budd-Falen, Budd-Falen Law Offices, P.C., Wyonurig -notifies the
Board of the Forest Service decision regarding the County's appeal of the
Lassen National Forest Land and Resources Management Plan (L,&RMP).
(REFER TO COUNTY COUNSEL)
ADJOURNMENT: There being no further business before the Board, the meeting
was adjourned at I2:50 p.m, to reconvene on Tuesday,
January 23, 1996 at 9:00 a.m.
ED McLAUG ,Chair
ATTEST:
JOHN S. BLACKLOCK, Chief Administrative Officer
and Clerk of the Board of Supervisors
By:
Page 18 January 9, 1946