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BOARD OF SUPERVISORS
ED McLAUQHLIN, 4th District, Chair
VIVIAN MEYER, tat District
,PANE DOLAN, 2nd District
MARY ANNE HOUX, 3rd District
GORDON THOMAS, 5th District
Febr~u ry 27. 1996
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. Jahn 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 Phil Christiansen, Neighborhood Church of Chico.
Consent ~
96-56 1. Approval of nunutes -action requested -APPROVE M1TiLTI'ES OF
FEBRUARY 13, 1996.
2. Budget transfers -action requested -APPROVE BUDGET TRANSFERS
B-117 (BUII.DINGS AND GROUNDS}, B-118 (EMERGENCY
SERVICES}, AND B-119 (PUBLIC HEALTH}.
County Service Area (CSA) No. 135 (Keefer Creek Estates Subdivision } -
the Butte Local Agency Formation Commission (LAFCo} has approved the
expansion of powers of CSA No. 135 (Keefer Creek Estates Subdivision) to
include the operation, maintenance and repair of sewage collection facilities.
The application for the expansion of powers has 100% signature of the
property owners -action requested -ADOPT RESOLUTION 96-18
EXPANDING THE POWERS AND AUTHORi7F THE CHAIR TO SIGN.
4. Dale Frank Johnson, Berry Creek - files a claim for personal injury in an
unspecified amount as a result of alleged injuries and damages received in a
roadway accident on Bald Mountain Road on or about August 3, 1995 -
action requested -REJECT CLAIM AND REFER TO COiJNTY COUNSEL
AND RISK MANAGER.
Page 57
Febniary 27, 199b
February 27. 1996
96-56 5. Public Works -Board authorization is requested for the purchase of a
B.A.R 90 smog tester scatu~ing unit for diagnosing computer problems and
retrieving trouble codes on later model vehicles in the estimated amount of
S3,000 (Department budget}. The diesel opacity testing unit approved in the
1995-96 final budget, and estimated to cost 56,000, will not be purchased at
this time -action requested -DELETE ONE DIESEL OPACITY TESTING
UNIT FROM THE PUBLiC WORKS-EQUIPMENT ACQUISITION
BUDGET AND AUTHORIZE PURCHASE OF FIXED ASSET ITEM.
6. Sheriff-Coroner -Board authorization is requested for a fixed asset
expenditure of 5700 {Department budget) to cover the cost of equipment
installation in two of the vehicles assigned to the Civil Division. The
equipment was purchased in fiscal year 1994-95 -action requested -
APPROVE BUDGET TRANSFER B-116 AND PURCHASE OF FIXED
ASSET ITEM.
7. Cash Difference and Overage Report -the Auditor-Controller submits a
report of the replenishment of cash difference funds to cover shortages, and
the transfer of cash overage fund balances to general fund For the period
July 1, 1995 through December 31, 1995 -action requested -ACCEPT FOR
INFORMATION.
8. Adoption of a salary ordinance amendment -the Board, at its meeting of
January 23, 1996, authorized the addition of term posiiions for the Family
Support Division of the District Attorney's Department. The Personnel
Department has prepared the salary ordinance amendment to add four Senior
Account ClerklAccount Clerk positions, and three office Assistant III, II, I
positions through to June 30, 1996 (Department budget) -action requested -
ADOPT ORDINANCE 3245 AND AUTHORIZE THE CHAIR TO SIGN.
(FROM 2-13-96)
9. Adoption of a salary ordinance amendment to eliminate the term position of
Grounds Worker from the Administrative-Buildings and Grounds
Maintenance budget unit, which was added due to an employee being on a
long-term medical leave of absence - action requested - ADAPT
ORDINANCE 3246 AND AUTHORIZE THE CHAIR TO SIGN. (FROM
2-13-96)
Page 58
February 27, 1996
February 72 1996
96-56 10. Adoption of a salary ordinance amendment - on January 23, 1996, the Board
adopted Ordinance No. 3242 establishing one temporary position of Public
Health Nurse II, and two temporary positions of OiIice Assistant II, for the
Hepatitis A Project. Due to an administrative oversight, the Public Health
Department is now requesting to utilize a registered nurse classification of
Staff Nurse I instead. This will result in a cost savings of approximately
X6,440 (including benefits adjustment) (100% State) -action requested-
ADOPT ORDINANCE 3247 AND AUTHORIZE THE CHAIR TO SIGN.
(FROM 2-13-96)
11. Adoption of a salary ordinance amendment adding two temporary positions
of Deputy Sheriff' and one term position of Sheriffs Clerk III through
June 30, 1996 due to current staffing shortages (Department budget) -action
requested- ADOPT ORDINANCE 3248 AND AUTHORIZE THE CHAIR
TO SIGN. (FROM 2-13-96)
12. Introduction of a salary ordina~tce amendment adding two term Public Health
Assistant II, I positions through 6-30-96 (100% State Maternal Child and
Adolescent Health funding). Two extra help staff members working on the
project are reaching the 960 hour limit mandated by SB 53 -action
requested -WAIVE READING OF THE ORDINANCE.
l3. Introduction of a salary ordinance amendment adding one term position of
Engineering Aide I through June 30, 1996, due to work restriction on three
existing pe<manent positions for medical reasons (Department budget} -action
requested -WAIVE READING OF THE ORDINANCE.
14. Introduction of a salary ordinance amendment -Sheriff-Coroner -the
Personnel Department recently completed a classification study far the
Sheriff's 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, and recommends reclassification of the incumbent
Crime Prevention Officer (salary range 1118} to a newly created position of
Crime Prevention Coordinator (salary range 1148). The Sheriff has requested
that the classification of Crime Prevention Officer be !eft in the salary table
with no allocated positions assigned at this time. The total cost for 1945-96
fiscal year is X3,195 (including benefit adjustments/Department budget) -
action requested -WAIVE READING OF TIKE ORDINANCE.
1 S. Resolution in the Matter of Electing to Become Subject to the Provisions of
the Trial Court Program for fiscal year 1996-97 -action requested -ADOPT
RESOLUTION 96-19 AND AUTHORIZE THE CHAIR TO SIGN.
Page 54 February 27, 1996
Few ~ ]996
96-Sb lb. Resolution declaring four-way stop intersection (Holly Avenue realignment
at West undo Avenue) -traffic control considerations deem it advisable that
the intersection of Holly Avenue realignment at West Lindo Avenue be
declared afour-way stop intersection, to be effective when the Holly Avenue
realignment and new bridge across Lindo Channel is opened to traffic in the
near future -action requested -ADOPT RESOLUTION 96-20 AND
AUTHORIZE THE CHAIR TO SIGN.
17. CSE Resources, Inc. -Board approval is requested for a contract for data
mapping services to convert Family Support Division records to the State
Automated Child Support System {SACSS). The maximum amount of the
contract is 5235,000 (100% Federal), and within the department's budget -
action requested -APPROVE CONTRACT AND AUTHORIZE THE
DISTRICT ATTORNEY TO SIGN ON BEHALF OF THE COUNTY.
18. 1997-98 Off-Highway Vehicle Funding grant application -the grant
application has been prepared in the amount of $17,000 for fiscal year I997-
98, and provides for the removal of snow from the five miles of Humboldt
Road in Butte Meadows from the "Green Gate" (Paiute Campground) to 112
mile above Colby Creek Bridge, where the Jonesville Staging Area is located -
action requested -ADOPT RESOLUTION 96-2] APPROVING THE
GRANT APPLICATION AND AUTHORIZE THE CHIEF
ADMINISTRATIVE OFFICER TO SIGN THE AGREEMENT AND
SUBSEQUENT APPLICATIONS AND AGREEMENTS WITH THE
STATE.
19. Plumas County/County of Butte -proposed is an agreement wherein Butte
County Alcohol, Drug and Mental Health Services will provide acute
psychiatric inpatient rare in the County's Psychiatric Health Facility in Chico
for residents of Plumas County. Plumas County will reimburse Butte
County, in the maximum amount of ~ 13,791.60, for the actual cost, less funds
received from Meth-Cal, Medicare or any other third party sources for
services rendered. The term of the agreement is July 1, 1995 through
June 30, 1996 -action requested- APPROVE AGREEMENT AND
AUTHORIZE THE CHAIR TO SIGN.
20. Paradise Unified School District (PUSD) -proposed is a letter of agreement
wherein the Mental Health, Alcohol and Drug Services, Youth Services Unit
rent a modular facility at 622 Pearson Road, Paradise for the purpose of
providing counseling and therapy to school-age youth and their families. The
term of the agreement is lone 1, 1995 through June 30, 1996. The agreement
allows for aone-time payment of 55,000 {Federal Block Grant monies) to
help the District defray the cost of moving the modular on site, and monthly
rental in the amount of 5500 (Realignment} -APPROVE LETTER
AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN.
Page b0 February 27, 1996
T 144
96-56 21. Paradise Unified School District (PUSD) - proposed is a revenue agreement
with PUSD for the provision of alcohol and drug services by the County's
Alcohol, Drug and Mental Health Services, Youth Services Unit to Paradise
youth and their families, The term of the agreement is July 1, l 945 through
June 30, 1996 for a maximum revenue of 517,457 -action requested -
APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN.
22. Mark Lundberg, M.D. -proposed is an amendment to the Interim Health
Officer agrcement, which extends the agreement to April 30, 1996 to allow
the recruitment and hiring process for the permanent Health Officer to be
completed. The amendment also increases the maximum amount payable
from $16,000 to 525,000 (Department budget) -action requested -
APPROVE AMENDMENT TO AGREEMENT AND AUTHORIZE THE
CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL
AND THE AUDITOR-CONTROLLER.
23. Monica Schwartz -proposed is as amendment to the agreement for the
provision of physical and occupational therapy services to children eligible for
the California Children Services (CCS) Program. The amendment reflects
the projected utilization of services through Lune 30, 1996, and increases the
maximum amount payable from $20,000 to 530,000 (25% Realignmentl50%
StateJ25% County/Department budget} -action requested -APPROVE
AMENDMENT TO AGREEMENT AND AUTHORIZE THE CHAIR TO
SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE
AUDITOR-CONTROLLER.
24. 1996-97 Children's Medical Services Child Health and Disability Prevention
(CI-3DP)lCalifornia Children Services (CCS} Joint Plan -each year the
Department of Public Health prepares a Children's Medical Services Plan for
submission to the State Department of Health Services to summarize the
overall program activities that will be accomplished within the CHDP/CCS
Programs. The caurent year cast of 5600,000 is 100% State funded -action
requested -APPROVE SUBMISSION OF THE PLAN AND AUTHORIZE
THE CHAIR TO SIGN THE CERTIFICATION STATEMENT.
Page 61
February 27, 1996
February 27. 1996
9b-Sb
25. California State University, Chico (CSUC) -Amendment No, b -proposed is
an amendment to the agreement to provide no fare bus service on Butte
County Transit {BCT) for CSUC faculty, students and staff. The University
reimburses the County monthly based upon the actual number of University
faculty, students or staff riding BCT during the month. Amendment No. 6
addresses the cost of the service not to exceed 515,000 for the time period
January 1, 1996 and December 31, 199b -action requested -APPROVE
AMENDMENT N0.6 TO AGREEMENT AND AUTHORIZE THE CHAIR
TO SIGN.
26. City of Gridley/County of Butte -Amendment No. 18 to the agreement for
the Gridley Golden Feather Flyer dial-a-ride service for the elderly and
disabled for both aty and county residents residing in the Gridley Urban Area.
Gridley has recently acquired a wheelchair accessible mini-van for operation
and is updating the contract to reflect the operator's responsibilities regarding
the service and the vehicle maintenancc -action requested -APPROVE
AMENDMENT NO. 18 TO AGREEMENT AND AUTHORIZE THE
CHAIR TO SIGN.
MOTION: i MOVE TO APPROVE THE CONSENT AGENDA WITH THE
REMOVAL OF BUDGET TRANSFER B-] ]9 (PUBLIC HEALTH)
FROM ITEM 3.02, THE CORRECTION OF A TYPOGRAPHICAL
ERROR ON ITEM 3.03 {CSA NO. 135 NOT ] 51 ON LINE 3),
AND TO REFLECT ON ITEM 3.26 THAT BOARD APPROVAL
IS BEING REQUESTED FOR A REVISED AGREEMENT
INCORPORATING PAST AMENDMENTS AND THE CHANGE
INDICATED ON TODAY'S AGENDA (IN LIEU OF
AMENDMENT No. 18).
M S
VOTE: l Y 2 Y 3 Y 4 Y S Y (Unanimously Carried)
(NOTE: THE RECORD TO REFLECT THAT SUPERVISORS MEYER
AND HOUX ABSTAINED FROM THE VOTE ON ITEM 3.10)
Re~lar Agenda
95-57 Appointments -commissions and committees.
A. Appointments to cornsnittee vacancies. {NONE)
Page b2
February 27, 1996
F 199
96-58 Update on Sacramento legislative and budget activities.
A. Proposition 197 -The Mountain Lion Initiative -presentation by the Butte
County Farm Bureau and Butte County Cattlemen's Association of a
resolution in support of Proposition 197 for adoption by the Board of
Supervisors. {105)
MOTION: I MOVE TO ADOPT RESOLUTION 96-22 IN SUPPORT OF
PROPOSITION 197 AND AUTHORIZE THE CHAIR TO SIGN.
M S
VOTE: l Y 2 Y 3 Y 4 Y S Y (Unanimously Carried}
B, AB 538(Knight) -legislation that will mandate Sheriffs and Chiefs of Police
to issue firearm permits to all people who meet certain criteria qualifications -
presentation by Mick Grey, Sheriff-Coroner of a resolution in opposition of
AB 538 (Knight) for adoption by the Board of Supervisors. (245)
MOTION: I MOVE TO ADOPT RESOLUTION 96-23 1N OPPOSITION OF
AB 638 (KNIGHT) AND AUTHORIZE THE CHAIR TO SIGN.
S M
VOTE: l Y 2 Y 3 Y 4 Y S Y (Unanimously Carried)
(JOHN S. BLACKLOCK, CHIEF ADMSNISTRATIVE OFFICER., REPORTED
ON SB 681 [HURTTJ, SIGNED BY THE GOVERNOR., WHICH
SUBSTANTIALLY INCREASES THE COUNTY'S COST OF COMMITMENTS
TO THE CALIFORNIA YOUTH AUTHORITY}
95-59 Budget issues associated with utility users tax -action requested -RECEIVE
RECOMMENDATIONS FROM ADMIMSTRATIVE OFFICE CONCERNING
BUDGET ISSUES ASSOCIATED WITH UTILITY USERS TAX, AND
CONTINUE DISCUSSION TO MARCH 12 MEETING. (633) (**00) (***00}
(«***00)
RECESS: 10:50 A.M.
RECONVENE: 11:10 A.M.
Page 63
February 27, 1996
F~ 27. 1996
96-59 Budget issues associated with utility users tax -action requested -RECEIVE
RECOMMENDATIONS FROM ADMIMSTRATIVE OFFICE CONCERNING
BUDGET ISSUES ASSOCIATED WITH UTILITY USERS TAX, AND
CONTINUE DISCUSSION TO MARCH 12 MEETING. {633) (**00} (***00)
(*s*spQ)
MOTION: I MOVE FOR A MOTION OF INTENT TO ADOPT THE
BUDGET RECOMMENDATIONS AS PRESENTED BY THE
ADMIMSTRATIVE OFFICE, AND CONTINUE DISCUSSION TO
THE MARCH 12 MEETING.
M S
VOTE: 1 N 2 Y 3 Y 4 Y S N (Motion Carved)
RECESS: 2:38 P.M.
RECONVENE: 3:45 P.M.
96-60 Community Development Block Grant (CDBG) 1996 grant application -the Board
is requested to consider possible grant application projects for the 1996 CDBG
Program -action requested -BOARD DIRECTION. {FROM 2-13-96) (1075)
MOTION: I MOVE TO DIRECT STAFF TO PROCEED WITH THE CDBG
1996 GRANT APPLICATION FOR A PLANNING AND
TECHNICAL ASSISTANCE GRANT TO CONTINUE WITH
PHASE 2 OF THE PLANNING PROCESS IN SOUTH OROVII.LE
FOR SITING OF A COMMUNITY CENTER; AND A GENERAL
ALLOCATION GRANT TO SITE OR CONSTRUCT A
COMMUNITY CENTER 1N THE CHAPMAN AREA.
M S
VOTE: l Y 2 Y 3 Y 4 Y S Y (Unanimously Carried)
96-61 Presentation by Wes Gilbert, Water Plan Coordinator for Butte Basin Water Users
Association, of HCI hydrologic model. (1220) (CONTINUED TO MEETING OF
MARCH 12, 1996)
(COUNTY COUNSEL ANNOUNCED A WORKSHOP ON THE "MONTEREY
AGREEMENT", JOINTLY SPONSORED BY THE BUTTE COUNTY LEAGUE
OF WOMEN VOTERS AND THE COUNTY, ON THURSDAY, MARCH 14, 1446
AT 7:00 P.M. 1N THE CITY OF CHICO CHAMBERS)
Page 64
February 27, 1496
Febr l~r r 27. 1996
96-62 Consideration of modifications to the fee schedule for appeals of discretionary permits
related to zoning and the subdivision ordinance (Chapter 3, Article IV. Develop ent
Services DepartmentProcessing Fps) -action requested -BOARD DIRECTION.
(1327)
MOTION: I MOVE FOR A MOTION OF INTENT TO AMEND THE
APPEAL SECTION OF THE ORDINANCE TO RE-ESTABLISH
THE 5250 FEE, AND ALSO THAT THERE BE AN
ADDITIONAL PROVISION IN THE ORDINANCE TO ALLOW
THE BOARD OF SUPERVISORS, ON A MAJORITY VOTE AND
WITH FINDINGS THAT THERE IS SOME LEGISLATIVE
POLICY ASPECTS TO IT, TO CALL UP THE RECORD AND
CALL FOR THE APPEAL HEARING.
M S
VOTE: l Y 2 Y 3 Y 4 Y S Y (Unanimously Carried)
96-63 items removed from the Consent Agenda for Board consideration and action.
(NONE)
9b-64 Public Hearings and Timed Items (NONE)
96-b5 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 TT IS NOT LISTED ON THE
AGENDA.) (NONE)
96-66 CLOSED SESSION: The Board recessed at 4:05 p.m. to a closed session
conference with legal counsel for actual litigation pursuant to
GovetYUnent Code Section 54956.9(a) (Peterson v. County
of Butte [workers' compensation claim].)
RECONVENE: The Board reconvened ai 4:25 p.m. following a closed session
conference with legal counsel for actual litigation pursuant to
Government Code Section 54956.9(a) (Peterson v. County of
Butte [workers' compensation claim].) (NO
ANNOUNCEMENTS}
Page 55
February 27, 1996
February 27, 1996
Communications
96-67 Communications received and referred, (COPIES OF ALL COMMUNICATIONS
ARE AVAILABLE IN THE CLERK OF THE BOARD OFFICE.)
A. Deane Dana, Supervisor, Fourth District, County of Los Angeles -writes to
urge that the Board and trial courts join in immediate and active support of
AB 2113 (Miller}, relating to the use of electronic recording to produce
transcripts of trial court proceedings. (REFER TO COURT EXECUTIVE
OFFICER AND CHIEF ADMINISTRATIVE OFFICER)
B. Jim R. Johnston, Executive Vice President, Placer Title Company, Yuba
City -writes to make the Board aware of the customer service attitudes he
encountered while crying to transact some urgent business in Butte County
on December 28th of last year. (REFER TO COUNTY CLERK-
RECORDER}
C. State Department of Water Resources (DWR) -Notice to State Water
Project Contractors (No. 96-2) -notifies the County that DWR is offering to
interested contractors the opportunity to sell 1996 annual entitlement water
through turn-back water pools in accordance with the Monterey Principles.
(REFER TO CHIEF ADMINISTRATIVE OFFICER, COUNTY COUNSEL,
AND BUTTE COUNTY WATER COMMISSION}
D. Charles M. Mason, Oroville - submits a Notice of Nonrenewal -Land
Conservation Contract on AP 031-030-029 and 03 i-060-001, 162 acres,
property located on Thompson Flat Road, Oroville. (REFER TO
DIRECTOR-DEVELOPMENT SERVICES, ASSESSOR, AND DIRECT
THE CLERK OF THE BOARD TO RECORD NOTICE WITH THE
COUNTY CLERK-RECORDER)
E. Ronald ]. Pelzrnat~ Assistant Executive Director -California Fish and Game
Commission - provides a copy of the notice of proposed regulatory action
relative to mammal hunting and trapping regulations in Title 14, California
Code of Regulations, that will appear in the California Administrative Notice
Register (including daces of public hearings and associated deadlines for
receipt of written comments). (REFER TO BUTTE COUNTY FISH AND
GAME COMMISSION)
Page 66
February 27, 1996
February 27~ 1996
9b-67 F. Nanci A. Davison, Manager, Gridley Area Chamber of Commerce -writes
requesting that the Board continue to designate Transient Occupancy Tax
(TOT} monies for tourism ar~d the development of promotional Butte County
literature. (REFER TO TREASURER-TAX COLLECTOR AND CHIEF
ADMIIVI5TRATIVE OFFICER)
ADJOURNII~NT: There being r~o further business before the Board, the meeting
was adjourned at 4:25 p.m. to reconvene an Tuesday,
March 12, 1996 at 9:00 a.m.
C
ED McLAUGHL , C '
ATTEST:
JOHN S. BLACKLOCK, Chief Administrative Ofl"icer
and Clerk of the Boar f Supervisors
,~
By: ~.
Carol Roach, Assistant Clerk
Page 67
February 27, 1996