HomeMy WebLinkAboutM032895
Call to order - Soard of Supervisors room, County
Administration Building, 25 County Center Drive,
Oroville. Present: Supervisors V. ldeyer, 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 Flaq of the United States of
America.
Invocation - Pastor Rob Dorsey, First Assembly of Gad,
Chico
95-82 Items removed from the Consent Agenda for Board
consideration and action.
1. Adoption of an ordinance amending an ordinance
proclaiming an emergency and imposing a temporary
moratorium an issuance of permits for constructing
or deepening water wells - action requested - ADOPT
ORDINANCE AND AUTHORIZE THE CHAIR TO SIGN. (FROM
3-14-95)
2. R & H Leasing, Yuba City - proposed is a six month
lease agreement, which it is anticipated will be
continued on a month to month basis until there is
more clarity associated with the impact of the full
implementation of the ISAWS project, for 3,000
square feet ($0.61 per square foot or $1,830
monthly) (50~ Federal/35~ State/15g Department
budget) of office space located at 1940 Feather
River Boulevard, Suites "N" and "0", Oroville.
This space will be utilized as the Social Welfare
Department's Accounts Receivables, Administrative
Review and State Appeals and Hearings Unit, and the
Family Support IV-D Unit. These three units are
being moved from the 42 County Center facility to
create additional space for the ISAWS
implementation - action requested - APPROVE
AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN.
Page 88
I~iarch 28, 1995
95-83
~.. Approval of minutes - action requested - APPROVE
MINUTES OF MARCH 14, 1995.
2. Budget transfers - action requested - APPROVE
BUDGET TRANSFERS B-179 (NORTH COUNTY MUNICIPAL
COURT), B-181 (SHERIFF-CORONER), AND B-182 (STORES
ISF) .
3. County Library donations - in accordance with
Government Code Section 25355, donations of $650
from Friends of the Library - Oroville; $280 from
Gridley Friends of the Library; and $100
anonymously have been received for the Butte County
Trust Fund for the purchase of books - action
requested - ACCEPT DONATIONS AND AUTHORIZE LETTERS
OF APPRECIATION.
4. Appointment of a Board representative to the Chico
Unified School District's {under the direction of
the Board of Education) group whose specific
purpose will be to convey information concerning
district facilities, plans and intentions and to
act as a sounding board of industry concerns -
action requested - APPOINT SUPERVISOR ROUX
(DISTRICT 3).
5. Contract change order {CCO) no. 4 - Jail kitchen
remodel pro~act - CCO No. 4, in the increasing
amount of $2,084, provides for the cost to furnish
and install furring and gypsum board to an existing
damaged masonry wall ($916); and furnish and
install a new 2" domestic cold water line in the
kitchen area ($1,168) - action requested - APPROVE
CCO N0. 4 AND AUTHORIZE THE GENERAL SERVICES
DIRECTOR TO SIGN.
6. Lionakis-Beaumont Design Group agreement -
amendment no. 2 - an amendment has been prepared to
the jail kitchen architect's agreement covering
design work for the central laundry and storage
area at the East Facility. The amendment is in the
amount of $8,800 with funding coming from the
Inmate Welfare Fund - action requested -- APPROVE
AMENDMENT NO. 2 AND AUTHORIZE THE CHAIR TO SIGN.
Page 89
Larch 28, 1995
95-83 3. Exchange Programs Agreement No. X95-5912, Federal
Apportionment Exchange Program and State Match
Program - proposed is execution of Exchange
Programs Agreement No. X95-5912, which provides for
the exchange of Federal Apportionment Funds for a
like amount of nanfedexal State Highway Account
Funds and the disbursement of State Matching Funds
for fiscal year 1994-95. The exchange of funds
enables the expenditure of the funds on projects
without the need to comply with Federal and State
guidelines - action requested - ADOPT RESOLUTION
95-43 APPROVING AGREEMENT AND AUTHORIZE CHAIR TO
SIGN.
8. Adoption of a salary ordinance amendment - Superior
and Municipal Courts - the Auditor-Controller
received a letter from the Judicial Council of
California dated January 3, 1995, which provided a
schedule of the revised salaries for judges
effective January 1, 1995. The proposed salary
ordinance shall take effect retroactively to
January 1, 1995 - action requested - ADOPT
ORDINANCE 3190 AND AUTHORIZE THE CHAIR TO SIGN.
(FROM 3-14-95)
9. Adoption of a salary ordinance amendment - the
Director-Mental Health has requested the Personnel
Department review the appropriate classification
designation for one position of Principal clerk
{salary range 1110}. In assessing the scope of
supervisory responsibilities and the level of
classifications supervised within the medical
records unit, it is the recom~aendation of the
Personnel Department that the incumbent should be
reclassified to the existing classification
entitled Supervisor-Medfcal Records (salary range
1147) - action requested - ADOPT ORDINANCE 3191 AND
AUTHORIZE THE CHAIR TO SIGN. (FROM 3-14-95)
10. Adoption of a salary ordinance amendment which
reflects the transfer of Subdivision Inspection
from the Development Services Department to the
Public Works Department - action requested - ADOPT
ORDINANCE 3192 AND AUTHORIZE THE CHAIR TO SIGN.
(FROM 3-14-95)
Page 90
March 28, 1995
95-83 11. Adoption of a salary ordinance amendment
reallacatinq a vacant classification of Senior
Appraiser to the position of Supervisor - Auditor-
Appraiser, which requires the reinstatement of the
classification entitled Supervisor - Auditor-
Appraiser at its former salary range of 1243
($2,808-$3,414 monthly). The incumbent vacating
the Senior Appraiser position was at step 5
($2,949), and it is anticipated to fill the
position of Supervisor - Auditor-Appraiser at step
1 ($2,808), which will result in an initial salary
savings of approximately $1,692 annually. Also
requested is flexible staffing of the allocated
Appraiser classifications at the same levels to
allow the department to more effectively manage
future vacancies. No additional allocated
positions are being added, nor are any employees
being promoted to a higher Appraiser level
classification this fiscal year - action
requested - ADOPT ORDINANCE 3193 AND AUTHORIZE THE
CHAIR TO SIGN. (FROM 3-14-95)
12. Resolution setting and authorizing public office
hours of County Welfare Offices - action
requested - ADOPT RESOLUTION 95-44 AND AUTHORIZE
THE CHAIR TO SIGN.
13. County of Butte/Butte County Air Pollution Control
District (BCAPCD) - proposed is a contract for
Butte County to provide professional and other
consistent services as needed by the BCAPCD from
April I, 1995 through June 30, 1996 and shall be
renewed on an annual basis beginning July 1, 1996,
unless terminated by either party - action
requested - APPROVE CONTRACT AND AUTHORIZE THE
CHAIR TO SIGN.
14. Assignment of counsel - County Counsel proposes the
assignment of McLeod v. County of Butte to the law
firm of Marsh, Marsh and Volpe - action
requested - APPROVE ASSIGNMENT OF COUNSEL.
I5. Assignment of counsel - County Counsel proposes the
assignment of Lopez v. Ki®fer to the law firm of
Marsh, Marsh and Volpe - action requested - APPROVE
ASSIGNMENT OF COUNSEL.
Page 91
March 28, 1995
95-83 16. Roger K. Masuda, a law corporation - proposed is a
one year agreement for services rendered in
connection with water issues, which will replace
the agreement approved by the Board an December 27,
1994. This agreesent is funded from a special fund
generated by the State's payment to the County of
2~ of the money paid to local districts for sale of
water to the State Water Bank. All work
assignments are approved and monitored by County
Counsel's Office - action requested - APPROVE
BUDGET TRANSFER B-180, AGREEMENT AND AUTHORIZE THE
CHAIA TO SIGN.
17. Neal Road Landfill - monitoring well abandonment -
one of the monitoring wells at the Neal Road
Landfill is no longer operational (dry} and must be
properly abandoned under permit by a licensed well
driller, which consists of pumping the well full of
a cement grout. Public Works has obtained a quote
from a licensed contractor to perfona the work,
which has been reviewed and found satisfactory -
action requested - AUTHORIZE THE DEPARTMENT OF
PUBLIC WORKS TO DIRECT THE CONTRACTOR (GEORGE
JACOBS OF YUBA CITY) TO PROCEED WITH THE WORK, AT
A COST NOT TO EXCEED $2,500 WITHOUT PRIOR APPROVAL
BY THE DEPARTMENT.
18. Neal Road Landfill - Preliminary Closure Plan and
Preliminary Post-Closure Maintenance Plan for the
landfill in accordance with California Code of
Regulations, Title 14, Articles 3.4 and 7.8 - on
October 25, 1994 the Board authorized the Public
Works Department to release a Request for Proposals
(RFP) to solid waste engineering firms qualified to
prepare this Plan - action requested - APPROVE THE
AGREEMENT WITH HARDING LAWSON ASSOCIATES FOR
PREPARATION OF A PRELIMINARY CLOSURE AND
PRELIMINARY POST-CLASURE MAINTENANCE PLAN FOR THE
HEAL ROAD LANDFILL, AT A COST NOT TO EXCEED $14,978
(HEAL ROAD LANDFILL MANAGEMENT FUND) WITHOUT PRIOR
APPROVAL OF PUBLIC WORKS, AND AUTHORIZE THE CHAIR
TO SIGN.
Page 92
March 28, 1995
95-83 19. Agreements for the provision of physical and
occupational therapy services provided to children
eligible for the California Children's services
(CCS) Program - Teresa Wood-Hansen (an amendment to
an existing agreement increasing the maximum
payable under the agreement from $34,000 to
$46,000}; Susan KcManuB (an amendment to an
existing agreement increasing the maximum payable
under the agreement from $31,000 to $43,000); Dena
Keppen (the maximum payable under the agreement is
$12,000); and Lori Dantinger (the maximum payable
under the agreement is $3,000) (50~ Statef 25$
Realignment/25~ Department budget). The amendments
are necessary to reflect the projected utilization
of their services through June 30, 1995 - action
requested - APPROVE AMENDMENTS/AGREEMENTS AND
AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF
COUNTY COUNSEL AND THE AUDITOR-CONTROLLER.
MOTION: I MOVE TO APPROVE THE CONSENT AGENDA WITH THE
REKOVAL OF ITEMS 3.10 AND 3.21.
Id S
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
95-84 Appointments - commissions and committees. (175}
a. Appointments to committee vacancies. (NONE/REFER
TO I+IINUTE ORDER 95-86}
b. Development Review Committee - action requested -
APPOINTMENT OF TWO PLANNING COI+Q+~ISSIONERS. {FROM
3-14-95)
MOTION: I MOVE TO APPOINT COMMISSIONER
SEEGERT (DISTRICT 1) AND COMMISSIONER NELSON
(DISTRICT 3}.
x s
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
c. Appointment of a public member representative to
participate in the scopinq process far the State
Water Project Future Water Supply Program -
action requested - APPOINTMENT Off' PUBLIC MEMBER.
MOTION: I MOVE TO APPOINT GARY COLE AS THE PUBLIC
MEMBER REPRESENTATIVE.
s x
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried}
Page 93 Karch 28, 1995
95-85 Oroville Quincy Highway Project - reconstruction of
approximately seven miles of the Oroville Quincy Highway
above Mountain House in Butte County has been completed -
action requested - FORMAL RECOGNITION AND AWARDS OF
APPRECIATION TO PRIVATE CITIZENS AND COMPANIES FOR THEIR
CONTRIBUTIONS AND COOPERATION IN IMPROVING AN IMPORTANT
LINK WITHIN THE TRANSPORTATION SYSTEMS OF BUTTE COUNTY.
(PRESENTATIONS BY RETIRED DISTRICT 1 SUPERVISOR HASKEL
McINTURF) (200)
95-86 Appointments to committee vacancies.
a. Appointments to committee vacancies.
(CHAIR McLAUGHLIN ANNOUNCED HIS APPOINTMENT OF SUPERVISOR
HOUX, AND SUPERVISOR DOLAN, AS ALTERNATE, TO THE BUTTE
BASIN WATERS USERS ASSOCIATION)
95-87 Butte County Flag - presentation by 4-H Citizenship Group
members of their completed California Focus Project to
design and have made a Butte County Flag - action
requested - APPROVAL/FORMAL ACKNOWLEDGEMENT AS BUTTE
COUNTY FLAG.
MOTION: I MOVE TO APPROVE AND ACCEPT, WITH OUR DEEP
APPRECIATION, THE COMPLETED 4-H CALIFORNIA
FOCUS PROJECT FLAG, AS THE OFFICIAL FLAG OF
THE COUNTY OF BUTTE.
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
95-88 Flood disaster - action requested - ADOPT
RESOLUTION/PROCLAMATION EXTENDING THE EXISTENCE OF A
IACAL EMERGENCY AND RESOLUTION DESIGNATING APPLICANT'S
AGENT - action requeated - ADOPT RESOLUTIONS AND
AUTHORIZE THE CHAIR TO SIGN. (622)
MOTION: I MOVE TO ADOPT RESOLUTIONS 95-45 AND 95-46
AND AUTHORIZE THE CHAIR TO SIGN.
S M
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
Page 94
March 28, 1995
95-89 Public hearing:
A. Consideration of the adoption of a proposed
ordinance amending Chapter 23B of the Butte County
Code, entitled "Water Wells" - action requested -
ADOPT ORDINANCE AND AUTHORIZE THE CHAIR TO SIGN
(FROM 3-14-95); (NO ACTION TAKEN/CONTINUED TO APRIL
25, 1995} AND
B. Consideration of the adoption of a proposed
ordinance amending Chapter 43 of the Butte County
Code, entitled "Public Health Department Fees",
solely with regard to water well permit fees -
action requested - ADOPT ORDINANCE AND AUTHORIZE
THE CHAIR TO SIGN. (794)
MOTION: I MOVE TO CONTINUE THE PUBLIC HEARING ON THE
PROPOSED ORDINANCE AMENDING CHAPTER 43 OF THE
BUTTE COUNTY CODE, ENTITLED "PUBLIC HEALTH
DEPARTMENT FEES", SOLELY WITH REGARD TO WATER
WELL PERMIT FEES TO APRIL 25, 1995 AT
1U:30 A.M. SUPERVISORS HOUR AND DOLAN TO WORK
WITH THE AGRICULTURAL COMISIJNITY TO RESOLVE
SOME MINOR PROBLEMS PRIOR TO THE APRIL 25,
1995 AGENDA)
K S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
Page 95
March 28, 1995
(CHAIR McLAUGHLIN NOT PRESENT/VICE CHAIR HOUX PRESIDING)
95-90 A MATTER ON WHICH A PUBLIC HEARING HAS BEEN HELD AND A
MOTION OF INTENT ADOPTED - the Planning Division of
Development services has completed the Final
Environmental Impact Report for the North Chico Specific
Plan. The Planning Division has completed revisions to
the Draft Specific Plan text for the North Chico Specific
Plan. The project includes a General Plan Amendment,
Rezone, and Specific Plan. The property is located north
of Chico, generally bound by Highway 99 in the west,
Sycamore Creek in the south, Rock Creek in the north and
the Chico City limits to the east - action requested -
ADOPT PROPOSED MOTION AND FINDINGS. (INPUT FROM THE
PUBLIC WILL BE LIMITED TO COI+Q~iENTS ON THE PROPOSED MOTION
AND FINDINGS) (1211)
MOTION: I MOVE TO 1) ADOPT RESOLUTION 95-47 AS AMENDED
HERE TODAY APPROVING THE GENERAL PLAN
AMENDMENT AND ADOPTING THE SPECIFIC PLAN WITH
ITS MAPS, TEXT AND CONDITIONS OF APPROVAL FOR
NORTH CHICO SPECIFIC PLAN AREA; AND 2) ADOPT
ORDINANCE 3194 APPROVING THE REZONING OF THE
NORTH CHICO SPECIFIC PLAN AREA AS PROPOSED AND
AS AMENDED HERE TODAY.
S M
VOTE: l Y 2 Y 3 Y 4 NP 5 Y {Unanimously Carried)
RECESS: 10:05 A.M.
RECONVENE: 10:20 A.M. (CHAIR McLAUGHLIN PRESIDING)
95-91 Consideration of a request to amend Section 4-20.1
"Rabies Vaccination Reporting" of Chapter 4, Article I of
the Butte County Code. {1835) (CONTINUED TO APRIL 11,
1995)
Page 96
March 28, 1995
95-92 Continued hearing:
Agricultural Element - consideration of a request to add
an Agricultural Element to the Butte County General Plan
{proposed negative declaration regarding environmental
impacts). The Agricultural Element contains goals,
policies and programs for the preservation and
conservation of farming and ranching lands within Butte
County. It affects those lands currently designated
Orchard and Field Crope and Open and Grazing Lands on the
Land Use Element Plan ldap. (FROM 3-14-95)
Land Use Element Plan Map - consideration of a request to
amend the Land Use Element Plan Map to change the title
and requirements of Orchard and Field Crops (five acre
minimum parcel size) to Agricultural Intensive (40 acre
minimum parcel size}, to change the title and
requirements of Grazing and Open Lands (40/160 acre
minimum parcel size) to Agricultural Extensive (40/160
acre minimum parcel size), and to change the land use
designations on lands indicated on Exhibits A through G,
from their current designation to Agricultural Intensive
and Agricultural Extensive. (FROM 3-14-95) (1858) (**00)
(***OQ) (HEARING CLOSED)
(BOARD DIRECTION TO STAFF TO PREPARE A MOTION OF INTENT
FOR APRIL 11, 1995 TO APPROVE AGRICULTURAL INTENSIVE
EXCLUDING THE GRIDLEY-HIGGS AREAS, BRUCE LANE AND D2N
PLAN, AND THE REFERRAL OF AGRICULTURAL EXTENSIVE [TO
INCLUDE THOSE AREAS WHERE STAFF AND THE PLANNING
COMMISSION HAVE DISAGREED] TO A COMMITTEE)
RECESS: 1:17 P.H.
RECONVENE: 2:43 P.M.
Page 97
March 28, 1995
95-93 Items removed from the Consent Agenda for Board
consideration and action.
1. R & H Leasing, Yuba City - proposed is a six month
lease agree~aent, which it is anticipated will be
continued on a month to month basis until there is
more clarity associated with the impact of the full
implementation of the ISAWS protect, for 3,000
square feat ($0.61 per square foot or $1,830
monthly) (50~ Federal/35~ State/15~ Department
budget) of office space located at 1940 Feather
River Boulevard, Suites "N" and "O", Oroville.
This space will be utilized as the Social Welfare
Department's Accounts Receivables, Administrative
Review and State Appeals and Hearings Unit, and the
Family Support IV-D Unit. These three units are
being moved from the 42 County Center facility to
create additional space for the ISAWS
implementation - action requested - APPROVE
AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (1431)
MOTION: I MOVE TO APPROVE THE AGREEMENT AND AUTHORIZE
THE CHAIR TO SIGN.
M S
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
95-94 Closed session - conference with legal counsel - existing
litigation pursuant to Government Code Section
54956.9(x):
1. Abbott v. County of Butte
2. Butte County Management Employees Association
(BCMEA) (reduced work week)
MOTION: I MOVE TO MAKE THE FINDING THAT THE NEED TO
TAKE ACTION ON THE ADDITIONAL CLOSED SESSION
ITEMS AROSE AFTER PREPARATION OF THE AGENDA.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
Page 98
Karch 28, 1995
r-
95-94 CLOSED SESSION: The Board recessed at 2:45 p.m. to a
closed stession conference with legal
counsel regarding existing
litigation pursuant to Government
Code Section 54956.9(a) (County of
Butte v. Hays [Butte County superior
Court Case No. 117462]; two
arbitration matters of Abbott v.
County of Butte and Butte County
Management Employees Association
[BCMEA] [reduced work week]}, and a
public employee evaluation pursuant
to Government Code Section 54957
(Chief Administrative Officer).
RECONVENE: The Board reconvened at 3:50 p.m.
following a closed session conference
with legal counsel regarding existing
litigation pursuant to Government Code
Section 5495b.9(a) (County of Butte v,
Hays (Butte County Superior Court Case
No. 117462; two arbitration matters of
Abbott v. County of Butte and Butte
County Management Employees Association
[BCMEA] [reduced work week]), and a
public employee evaluation pursuant to
Government Code Section 54957 (Chief
Administrative Officer). (NO
ANNOUxcEMENTS)
Regular Agenda
(SUPERVISOR MEYER NOT PRESENT)
95-95 Items removed from the Consent Agenda for Berard
consideration and action.
1. Adoption of an ordinance amending an ordinance
proclaiming an emergency and imposing a temporary
moratorium on iesa,nce of permits for constructing
or deepening water wells - action requested - ADOPT
ORDINANCE AND AUTHORIZE THE CHAIR TO SIGN. (FROM
3-14-95) (1573)
MOTION: I MOVE TO ADOPT ORDINANCE 3195 AND AUTHORIZE
THE CHAIR TO SIGN.
S M
VOTE: 1 NP 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
(SUPERVISOR HOUX NOT PRESENT)
Page 99 March 28, 1995
95-96 Update an Sacramento legislative and budget activities.
(2012) (JOHN S. BLACIQACK, CHIEF ADMINISTRATIVE OFFICER,
REPORTED THAT ON MARCH 20, 1995, SB 124 [LESLIE] WAS
HEARD IN THE SENATE APPROPRIATIONS COMMITTEE, AND THE
COMMITTEE VOTED UNANIMOUSLY TO SEND THE BILL TO THE
SUSPENSE FILE)
95-97 Public Comment. {PRESENTATIONS WILL BE LIMITED TO FIVE
MINUTES. THE BOARD OF SUPERVISORS IS PROHIBITED BY STATE
LAW FRAM TAKING ACTION ON ANY ITEM IF IT iS NOT LISTED ON
THE AGENDA.}
1. Bill Wilson, Oroville - the Board cannot require
the filling out of a speaker card in order for the
public to speak during a meeting.
2. Vern Chadwick, Oroville - does not believe public
comment and items removed from the Consent Agenda
should be held until the end of the agenda.
95-gg Cnmmi~ni raf i nn~e
Communications received and referred. (COPIES OF ALL
COMMUNICATIONS ARE AVAILABLE IN THE CLERK OF THE BOARD
OFFICE.)
a. John Haase, Berry Crsek - submits petitions for
widening and inprovinq Bald Rock Road (west of the
General Store and East to Brush Creek). (REFER TO
DIRECTOR-PUBLIC WORKS)
b. Melanie Farone, Executive Director, Mediation
Center of North Valley - submits a report on their
third year's progress as the County~s provider of
community dispute resolution services. (REFER TO
SUPERIOR AND MUNICIPAL COURTS)
Page 100
March 28, 1995
ADJOURNMENT: There being no further business befoxe
the Board, the ~aeeting Was adjourned at
4:10 p.m. to reconvene at 9:00 a,m. on
Tuesday, April 11, 1995.
~' `
ED cLA GHLIN, Chair
Sutter County and of Supervisors
ATTEST:
JOHN S. BLACKIACK, Chief Administrative Officer
and cierk of the Board of Supervisors
Page 101
Mareh 28, 1995