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HomeMy WebLinkAboutM021192~~ February 11, 1992 Call to order - Board of Supervisors room, County Administration Building, 25 County Center Drive, Oroville. Supervisors Fulton, Houx, McInturf, McLaughlin and Chair Dolan present. Starlyn Brown, acting chief administrative officer; Susan Minasian, county counsel; and Carol Roach, assistant clerk to the Board. Call to order - Board of Supervisors room, County Administration Building, 25 County Center Drive, Oroville. 92-53 Items removed from the Consent Agenda for Board consideration and action. 1. Central Stores - postage scale - Board authorization is requested to purchase a postage scale for the mail room at an estimated cost of $1,000. Funding is available from savings derived in the purchase of the new mail machine - action requested - AUTHORIZE PURCHASE OF FIXED ASSET ITEM. Consent Agenda 92-54 1. Approval of minutes - action requested - APPROVE MINUTES OF JANUARY 28, 1992. 2. Budget transfers - action requested - APPROVE BUDGET TRANSFER B - 71 (AIR POLLUTION CONTROL), B-77 (MISCELLANEOUS), B-78 (LAFCo), B-79 (SOUTH COUNTY MUNICIPAL COURT), B-80 (PUBLIC WORKS - ROAD AND BRIDGE MAINTENANCE}, B-81 (FIRE PROTECTION), B-82 (AGRICULTURAL), B-83 (RISK MANAGEMENT), AND B-84 (SUPERIOR COURT). 3. Butte County Fire Department - the California Department of Forestry has donated 21 mobile Motorola radios (serial numbers 233AES3898, 233AES3897, 233BKQ4141, 233BKQ4142, PG-0111, 233AJE1713, 233AJE1712, 233AJE1711, 233AJE1709, 233AJE1004, 233AJE1707, 233AJE1706, 233AJE1705, 233AJE1703, 233BM50969, 233BM50970, 233BM50963, 233BM50964, 233BM50965, 233BM50966, 233BM50967) for use by the Butte County Fire Department - action requested - ACCEPT DONATION AND AUTHORIZE LETTER OF APPRECIATION. Page 39 February 11, 1992 February 11, 1992 92-54 4. Chico office building - FAX machine - Board authorization is requested to purchase a FAX machine to serve the 196 Memorial Way County office building departments at an estimated cost of $1,500. Funding is available within the Board's fixed asset budget - action requested - AUTHORIZE PURCHASE OF FIXED ASSET ITEM. 5. Award of bid 58-92 - mini-van and half-ton pickup truck - the Purchasing Department received and opened bids for a mini-van and a half-ton pickup truck for the Buildings and Grounds Division. The bids have been evaluated and the lowest bid meeting specifications is Lasher Auto Center, Sacramento in the amount of $11,990.34 plus tax (mini-van), and $11, 546.51 plus tax (half-ton pickup truck) - action requested - AWARD BID. 6. Contract change order no. 1 - Buildings and Grounds metal shop building - change order no. 1 has been prepared in the increasing amount of $2,360 covering installation of a required fire wall ($1,875) and a higher rated fire door ($485) - action requested - APPROVE CHANGE ORDER NO. 1. 7. Public Health - refrigerator to store clinic supplies - Board authorization is requested to purchase a refrigerator in the maximum amount of $850 to store vaccines in the Oroville Public Health clinic office. There is sufficient funding within the department budget - action requested - AUTHORIZE PURCHASE OF FIXED ASSET ITEM. 8. Superior Court - Mediation Department - Board authorization is requested for the purchase of a computer with peripheral equipment and a laser printer in the maximum amount of $2,300. Budget transfer B-84 has been prepared for the necessary appropriation - action requested - AUTHORIZE PURCHASE OF FIXED ASSET ITEMS. 9. Welfare Department - GAIN - Board authorization is requested for the purchase of a video camera and tripod in the maximum amount of $1,000 to be utilized for the tape recording of clients practicing their interviewing skills and in other training uses - action requested - AUTHORIZE PURCHASE OF FIXED ASSET ITEMS. 10. Investment information report - the Treasurer/Tax Collector submits the January 31, 1992 report in accordance with AB 1073 and the County's investment policy - action requested - ACCEPT FOR INFORMATION. Page 40 February 11, 1992 February 11, 1992 92-54 11. Neal Road Landfill Management Fund - as a condition of the Regional Water Quality Control Board approval of the closure plan for the Neal Road Landfill septage ponds, sampling and analysis of the septage sludge in the existing ponds was required. The sampling and analysis was completed last fall prior to winter rains. The cost of the work totaled $13,450 ($1,075/professional services and $12,375/laboratory analysis) - action requested - APPROVE EXPENDITURE OF $13,450 FROM THE NEAL ROAD LANDFILL MANAGEMENT FUND FOR PROFESSIONAL SERVICES AND LABORATORY ANALYSIS. 12. Adoption of a salary ordinance amendment implementing staffing allocation changes in Public Health - General Services with no change in the number of allocated positions. These changes will allow for greater efficiency and flexibility of current staffing levels - action requested - ADOPT ORDINANCE 2980 AND AUTHORIZE THE CHAIR TO SIGN. 13. Introduction of a salary ordinance amendment authorizing three Mental Health clinician II positions within the Mental Health Department - the Butte County Human Services Coordinating Council (which includes the Welfare, Public Health, and Mental Health Departments) have recently reached an agreement to provide services on the evaluation and assessment for support of foster care placement decisions. Included in this agreement is the addition of the three clinician II positions within the Mental Health Department - action requested - WAIVE READING OF THE ORDINANCE. 14. Introduction of a salary ordinance amendment authorizing within the Probation Department one half-time office assistant II, I position. The position is to be funded through the State Office of Criminal Justice Planning, Project 90014 Butte Anti-drug Special Supervision Unit - action requested - WAIVE READING OF THE ORDINANCE. 15. Resolution ratifying the name change of County Supervisors Association of California to California State Association of Counties - action requested - ADOPT RESOLUTION 92-09 AND AUTHORIZE THE CHAIR TO SIGN. 16. Resolution adding Section 6.11 of the Butte County Personnel Rules covering the Employee Promotional Appraisal Policy - action requested - ADOPT RESOLUTION 92-10 AND AUTHORIZE THE CHAIR TO SIGN. Page 41 February 11, 1992 February 11, 199 92-54 17. Resolution revising Section 10.1(d, e, f) of the Butte County Personnel Rules updating the Safety Program - action requested - ADOPT RESOLUTION 92-11 AND AUTHORIZE THE CHAIR TO SIGN. 18. Resolution amending indigent burial schedule of fees - action requested - ADOPT RESOLUTION 92-12 AND AUTHORIZE THE CHAIR TO SIGN. 19. Resolution in honor of John Mendonsa upon his retirement from the Public Works Department after 29 years of dedicated County service - action requested - ADOPT RESOLUTION 92-13 AND AUTHORIZE THE CHAIR TO SIGN. 20. Resolution recognizing that the week of January 26- February 1, 1992 was Eligibility Worker Recognition Week in Butte County - action requested - ADOPT RESOLUTION 92-14 AND AUTHORIZE THE CHAIR TO SIGN. 21. Resolution designating the Wall Street Center for the Arts as the State/Local partner for 1992/93 - action requested - ADOPT RESOLUTION 92-15 AND AUTHORIZE THE CHAIR TO SIGN. 22. Valley Toxicology Services, Inc. - the proposed agreement provides for laboratory services and expert witness testimony regarding alcohol and drug abuse cases for the District Attorney through December 31, 1993 - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. 23. State Rural Economic Development Infrastructure Program (REDIP) contract no. C88-10 - grant amendment - a resolution has been prepared approving a budget amendment which would allow for the expenditure of $1,080 in State funds to the City of Chico for annexation of the H. J. Heinz Small Business Incubator to enable the property to connect to the city sewer system - action requested - ADOPT RESOLUTION 92-16 AND AUTHORIZE THE CHAIR TO SIGN. 24. State Department of Mental Health - projects for assistance in transition from homelessness (PATH) funds - the PATH grant is an extension of the Stewart McKinney Homeless Grant that the County has participated in for the past three years. The grant will allow funding of 30 percent of one current senior account clerk position and seven percent of one current case manager to continue to provide representative payee services to identified and approved homeless mentally ill clients, or clients at risk of being homeless - action requested - APPROVE GRANT APPLICATION AND AUTHORIZE THE CHAIR TO SIGN. Page 42 February 11, 1992 February 11, 1992 92-54 25. 1991/92 Master Grant agreement - amendment no. 1 - the proposed amendment decreases the maximum amount payable to Butte County for AIDS related services from $124,509 to $123,309 - action requested - APPROVE AMENDMENT AND AUTHORIZE THE DIRECTOR - PUBLIC HEALTH TO SIGN ON BEHALF OF THE COUNTY SUBJECT TO REVIEW BY THE AUDITOR-CONTROLLER AND COUNTY COUNSEL. 26. Maternal, Child and Adolescent Health agreement - proposed is an agreement with the State Department of Health Services for the provision of 100 percent State funds to cover the cost of selected services directed toward low income mothers and children. The term of the agreement is July 1, 1991 through June 30, 1993. The maximum amount payable for fiscal year 1991/92 is $51,071, and for fiscal year 1992/93 is $51,071 - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF THE AUDITOR-CONTROLLER AND COUNTY COUNSEL. 27. Northern California Emergency Medical Services, Inc. - an agreement in the maximum amount of $16,000 has been prepared for the administration of the Butte County Emergency Medical Services Fund as defined in California Health and Safety Code Section 1797.98a. Funding for this agreement will come from administrative monies generated from the EMS Fund - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. 28. James A. Wyse, Inc./heal Road Landfill Company - a proposed budget from Neal Road Landfill Company for the operation and maintenance of the leachate collection, removal, and treatment system for 1992 has been reviewed by the Public Works Department and found to be acceptable. Funding is from the Neal Road Landfill Management Fund - action requested - APPROVE LETTER PROPOSAL DATED JANUARY 6, 1992 SUBJECT TO APPROVAL OF AUDITOR-CONTROLLER AND COUNTY COUNSEL, AT A COST NOT TO EXCEED $41,900 WITHOUT PRIOR PUBLIC WORKS DEPARTMENT APPROVAL, AND APPROVE EXPENDITURE OF FUNDS FROM THE NEAL ROAD LANDFILL FUND. Page 43 February 11, 1992 February 11, 1992 92-54 29. Phase Three Environmental Management - feasibility study of composting in rural California - proposed is the County's participation in a comprehensive study of composting in rural counties in the maximum amount of $5,000. Almost 50 percent of the County's 25 percent reduction in solid waste will come from composting. The scope of work for this study, which will include at Least 15 counties, will provide a useful foundation for the County composting program at a reasonable cost. Funding is available in the Neal Road Landfill Management Fund - action requested - APPROVE AGREEMENT AND AUTHORIZE THE DIRECTOR - PUBLIC WORKS TO SIGN ON BEHALF OF THE COUNTY SUBJECT TO APPROVAL OF THE AUDITOR-CONTROLLER AND COUNTY COUNSEL. 30. Butte County Jail Facility litigation (Jones v. Butte County) - modification of consent decree - Board authorization is requested to provide authority to County retained counsel, Harry M. Marsh, to agree to the Stipulation and Order Re Modification of Consent Decree to permit the installation of additional beds in the facility, thereby increasing the jail's capacity without significant cost - action requested - BOARD AUTHORIZATION TO PROCEED AS REQUESTED. 31. Board of Education - Order of Election - for the purpose of the election of four members of the Governing Board of Butte County Board of Education to be held on Tuesday, June 2, 1992 - action requested - DIRECT THE COUNTY CLERK-RECORDER TO CONDUCT THE ELECTION AS REQUESTED. MOTION: MOVE TO APPROVE THE CONSENT AGENDA WITH THE REMOVAL OF ITEM 3.04. M S VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) Page 44 February 11, 1992 February 11, 1992 Regular Agenda 92-55 Items removed from the Consent Agenda for Board consideration and action. 1. Central Stores -postage scale - Board authorization is requested to purchase a postage scale for the mail room at an estimated cost of $1,000. funding is available from savings derived in the purchase of the new mail machine - action requested - AUTHORIZE PURCHASE OF FIXED ASSET ITEM. MOTION: MOVE TO AUTHORIZE PURCHASE OF FIXED ASSET ITEM. S M VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) 92-56 Appointments - commissions and committees. a. Appointments to committee vacancies. (NONE) 92-57 Consideration of a 51st state advisory question on the June, 1992 ballot. (120) MOTION: MOVE TO PLACE AN ADVISORY QUESTION ON THE JUNE, 1992 BALLOT ASKING VOTERS WHETHER THEY APPROVE OF THE CONCEPT OF A NEW 51ST STATE. M S VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) 92-58 Agreement between the County and City of Gridley concerning the use of the Ord Ranch Transfer Station as a household hazardous waste collection site - action requested - BOARD RECOMMENDATION TO THE CITY OF GRIDLEY TO APPROACH ITS CURRENT TRANSFER STATION OPERATOR ABOUT THE POSSIBILITY OF THEIR OBTAINING ENVIRONMENTAL IMPAIRMENT LIABILITY COVERAGE IN AN AMOUNT NO LESS THAN $5,000,000. (423) MOTION: MOVE TO AUTHORIZE THE CHAIR TO SIGN THE PROPOSED CONTRACT MODIFIED TO INCORPORATE A REQUIREMENT FOR $5,000,000 IN ENVIRONMENTAL IMPAIRMENT LIABILITY INSURANCE COVERAGE. S M VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) Page 45 February 11, 1992 February 11, 1992 92-59 BOARD DISCUSSION ON ITEM FOR WHICH THE PUBLIC HEARING HAS ALREADY BEEN HELD - Roger Green on behalf of Green Rock Quarries - consideration of an appeal of the Planning Commission's denial of a use permit/mining permit/reclamation plan (draft environmental impact report has been prepared) to extend the period of operation on the existing mining permit to 50 years and allow the use of explosives on property zoned "U" (unclassified), property located on T20N, R3E, Section 12, MDB&M, at the end of Coal Canyon Road, at the base of Table Mountain, AP 041-140-014, 028, 320, 034; 041- 160-031, 037, 039, 044, 045; 041-210-045, north Oroville. (520) (CONTINUED TO FEBRUARY 25, 1992) 92-60 Consideration of a letter of support for the Glenn-Colusa Irrigation District (GCID). (1048) MOTION : MOVE TO APPROVE A LETTER TO THE NATIONAL MARINE FISHERIES SERVICE IN SUPPORT OF THE GLENN- COLUSA IRRIGATION DISTRICT (GCID), AND OPPOSING THE FEDERAL COURT ORDER SHUTTING DOWN GCID DIVERSIONS BY JULY 15, OF EACH YEAR. THE LETTER TO BE SENT TO THE GOVERNOR AND ALL APPROPRIATE LEGISLATORS AND AGENCIES. S M VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) (BOARD DIRECTION THAT A LETTER SIMILAR TO THAT JUST APPROVED BE MADE AVAILABLE TO THE COUNTY OF COLUSA TO BE READ ON FEBRUARY 19, 1992, "WATER AWARENESS DAY", AT THE STATE CAPITOL, AND TO ADVISE THEM THAT BECAUSE OF PRIOR COMMITMENTS, MEMBERS OF OUR BOARD WILL NOT BE ABLE TO PERSONALLY ATTEND THE RALLY) 92-61 Consideration of a letter soliciting projects for the California Conservation Corps - action requested - APPROVE LETTER AND AUTHORIZE THE CHAIR TO SIGN. (1247} MOTION: MOVE TO APPROVE THE LETTER, WITH AS WIDE A DISTRIBUTION AS POSSIBLE, AND AUTHORIZE THE CHAIR TO SIGN. S M VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) Page 46 February 11, 1992 February il. 1992 92-62 Consideration of a letter in support of new legislation regulating cable television. (1388) MOTION: MOVE TO APPROVE A LETTER IN SUPPORT OF THE LEGISLATION (WITH COPIES TO THE LEGISLATORS SUPPORTING THE LEGISLATION), AND URGING THE PRESIDENT TO SIGN THE BILL. FURTHER, TO URGE ALL CITY COUNCILS IN THE COUNTY TO SEND LETTERS IN SUPPORT OF THE LEGISLATION AND URGING THE PRESIDENT TO SIGN THE BILL. S M VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) 92-63 Discussion of Chico Urban Area 20 Year Transportation Improvement Plan. (1610) (REPORT BY BILL CHEFF, DIRECTOR - PUBLIC WORKS) 92-64 Report to the Board on the proposed conversion of Neal Road Landfill gate fees based on an approximate volume basis to a weight basis - action requested - SET A PUBLIC HEARING FOR MARCH 10, 1992 AT 10:15 A.M. (1799) (BOARD DIRECTION TO SET FOR PUBLIC HEARING, WEDNESDAY, MARCH 10, 1992 AT 10:15 A.M.) (SUPERVISOR McLAUGHLIN NOT PRESENT) 92-65 Closed hearing - Rolls, Anderson & Rolls on behalf of Gene F. Camp - consideration of an appeal of the Subdivision Violation Committee's condition (verify legal access to the parcel from a publicly maintained road in compliance with Chapter 20, Section 124 of the Butte County Code) on a conditional Certificate of Compliance, AP 07-02-117 and 119, one lot, property located 800 feet west of Cohasset Road, North Chico area. (1931) (CONTINUED TO BOARD MEETING OF MARCH 10, 1992) (SUPERVISOR McLAUGHLIN PRESENT) 92-66 Update by Acting Chief Administrative Officer on Sacramento/legislative activities. (1972) (SUSAN MINASIAN, COUNTY COUNSEL, REPORTED ON THE SAN DIEGO COUNTY SUPERIOR COURT JUDGE'S DECISION THAT AB 8 IS UNCONSTITUTIONAL (THE INEQUITABLE DISTRIBUTION OF PROPERTY TAXES LED TO AN INEQUITABLE DISTRIBUTION OF SAFETY SERVICES AMONGST THE CITIZENS OF THE STATE. STARLYN BROWN, ACTING CHIEF ADMINISTRATIVE OFFICER, REPORTED THAT THE COUNTY WILL APPARENTLY BE RECEIVING THE BENEFIT OF THE CALIFORNIA DEPARTMENT OF FORESTRY CONTRACT PERS REBATE IN THE APPROXIMATE AMOUNT OF $400,000. THE STATE'S POSITION HAD BEEN THAT THIS REBATE GO INTO THE STATE'S GENERAL FUND.) Page 47 February 11, 1992 February 11. 1992 92-66 (BOARD DIRECTION FOR THANK YOU LETTERS FROM THE CHAIR TO SENATORS TIM LESLIE AND MIKE THOMPSON FOR SUPPORTING THE COUNTY'S POSITION ON THE PERS REBATE) 10:15 A.M.: RECESS 10:27 A.M.: RECONVENE (SUPERVISORS FULTON AND McLAUGHLIN NOT PRESENT) 92-67 Closed hearing - Stephen Honeycutt on behalf of Durham House Preservation Partnership - consideration of an appeal of the Planning Commission's denial of a rezone (proposed negative declaration with mitigation measures regarding environmental impact) from A-5 (agricultural - five acre parcels) to PUD (planned unit development), property located on the north side of Durham-Dayton Highway, approximately 1,400 feet east of Jones Avenue, AP 040-180-057 and 058, Durham. (2250) MOTION: MOVE TO SET THE MATTER FOR A NEW PUBLIC HEARING ON TUESDAY, MARCH 24, 1992 AT 11:00 A.M. M S VOTE: l Y 2 Y 3 Y 4 NP 5 NP (Unanimously Carried) 92-68 Public Comment. (PRESENTATIONS WILL BE LIMITED 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.) (2870) (**00) (SUPERVISORS FULTON AND McLAUGHLIN PRESENT) 1. Ed Vernoga, Durham - Tehama County Supervisors passed an ordinance in support of the protection of groundwater. 92-69 CLOSED SESSION: The Board recessed at 10:45 a.m. for the purpose of actual litigation pursuant to Government Code Section 54956.9(a) (Stultz v. County of Butte, and all of the State Board of Equalization utility lawsuits), and a personnel matter. (80) (BOARD DIRECTION TO PLACE RECRUITMENT FOR CHIEF ADMINISTRATIVE OFFICER ON THE BOARD'S AGENDA OF FEBRUARY 25, 1992) Page 48 February 11, 1992 February 11. 1992 92-69 RECONVENE: The Board reconvened at 11:55 a.m. (Supervisors Fulton and McLaughlin not present) following a closed session for the purpose of actual litigation pursuant to Government Code Section 54956.9(a) (Stultz v. County of Butte, and all of the State Board of Equalization utility lawsuits), and a personnel matter. (No ANNOUNCEMENTS) 92-70 Public Comment. (PRESENTATIONS WILL BE LIMITED 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.) (SUPERVISORS FULTON AND McLAUGHLIN PRESENT) 1. Charles Strong, a representative for the Communications Workers of America, the representative of the County Social Services Department employees - joint employer/employee health care committee and Mr. Tom Sher, consultant. 2. May Prosser-Strong, representative of the Butte County Management, Confidential and Supervisory Unit -joint employer/employee health care committee and Mr. Tom Sher, consultant. 3. Louis Camanzind, Jr., Durham - (a) minutes of October 24, 1991 Planning Commission minutes (denial of Green Rock Quarries use permit); (b) requested the Board rescind their action on the utility user tax; and (c) the reactivating of mining districts. 4. Cindy Schons, Berry Creek - can the formation of the development services department and recruitment for a director be stopped? Page 49 February 11, 1992 February 11. 1992 Communications 92-71 Communications received and referred. (COPIES OF ALL COMMUNICATIONS ARE AVAILABLE IN THE CLERK OF THE BOARD OFFICE.) a. Evelene D. Payne, City Administrator, City of Gridley - notifies the Board that the City Council voted unanimously not to execute the Gridley Library extended hours service memorandum of understanding wherein the City would provide funds for extended hours for the Gridley Library - action requested - REFER TO CHIEF ADMINISTRATIVE OFFICER. b. John W. Green, Lt. Col., USAF (Retired) - forwards to the Board a letter addressed to the Butte County Sheriff-Coroner submitting "an economical solution to some of your juvenile problems that you face daily" - action requested - REFER TO SHERIFF-CORONER FOR APPROPRIATE RESPONSE. c. City Council, City of Oroville - forwards a copy of their resolution no. 4670, adopted January 21, 1992, approving the revised Butte County Hazardous Waste Management Plan - action requested - REFER TO CHIEF ADMINISTRATIVE OFFICER AND DIRECTOR - PLANNING. ADJOURNMENT: There being nothing further before the Board at this time, the Board meeting was adjourned at 12:13 p.m. to reconvene on Tuesday, February 25, 1992 at 9:00 a.m. ATTEST: STARLYN BROWN, A~ting Chief Administrative Officer an .Clerk of the Board of Supervisors By: Page 50 February 11, 1992