HomeMy WebLinkAboutM042898MINUTES
April 28, 1998
R.J. BEELER, 1st District
JANE DOLAN, 2nd District
MARY ANNE HOUR 3rd District
CURT JOSIASSEN, 4th District
FRED C. DAVIS, 5th District
Call to order - Board of Supervisors room, County
Administration Building, 25 County Center Drive, Oroville.
Present: Supervisors Beeler, Dolan, Houx, Josiassen and Chair
Davis. John S. Blacklock, Chief Administrative Officer; Susan
Minasian, County Counsel; and Marion Reeves, Deputy Clerk of
the Board.
Pledge of allegiance to the Flag of the United States of
America.
Invocation - Reverend Dixie Jennings-Teats, United Methodist
Church, Paradise.
98-128 Items removed from the Consent Agenda for Board consideration
and action.
1. Approval of plans and specifications for shoulder
widening construction on Midway from 300 feet North of
Blossom Lane to 300 feet South of Hegan Lane, County
Project No. 26311-95-1 - plans and specifications have
been completed for the project - action requested -
APPROVE PLANS AND SPECIFICATIONS; AUTHORIZE CHAIR AND
DIRECTOR TO SIGN PLANS; ADOPT WAGE SCALE; AND AUTHORIZE
PUBLIC WORKS TO ADVERTISE FOR BIDS.
2. Adoption of An Ordinance Establishing Speed Limits on
Certain Roads Within the County of Butte - engineering
and traffic surveys, in accordance with the California
Vehicle Code, have been performed on various segments of
Butte County roads in order to establish reasonable
speed limits enforceable by the California Highway
Patrol by use of radar. Proposed is the establishment
of speed zones on segments of the Skyway as follows: 1.
Skyway (Potter Drive to 1.2 miles east) - 45 miles per
hour, and 1.2 miles east of Potter Drive to Skyway
Crossroad - 55 miles per hour - action requested -
ADOPT ORDINANCE AS AMENDED ON APRIL 14, 1998 AND
AUTHORIZE THE CHAIR TO SIGN. (FROM 9-14-98)(NO ACTION
TAKEN)
Page 126 April 28, 1998
April 28, 1998
Consent Agenda
98-129 1. Approval of minutes - action requested - APPROVE MINUTES
OF APRIL 14, 1998.
2. Budget transfers - action requested - APPROVE BUDGET
TRANSFER B-260 (BUILDINGS AND GROUNDS [9/5 vote
required]), B-261 (FIRE), B-259 (PUBLIC WORKS-EQUIPMENT
ACQUISITION), B-258(PUBLIC WORKS-APPROPRIATION FOR
CONTINGENCIES [4/5 vote required])
3. County Service Area (CSA) No. 128 (Wildflower
Estates Subdivision) - the Butte Local Agency
Formation Commission (LAFCo 11 97/98) has approved the
expansion of powers of CSA No. 128 (Wildflower Estates
Subdivision) to provide maintenance for the fire
suppression system - action requested - ADOPT RESOLUTION
98-60 OF INTENTION TO EXPAND THE POWERS OF COUNTY
SERVICE AREA NO. 128 AND SET A PUBLIC HEARING FOR
TUESDAY, JUNE 9, 1998, AT 10:00 A.M.
4. County Library donations - in accordance with Government
Code Section 25355, a donation of $1,064 from Oroville
Friends of the Library, has been received for the Butte
County Trust Fund for the purchase of books - action
requested - ACCEPT DONATION AND AUTHORIZE LETTER OF
APPRECIATION.
County Library, Gridley Branch - public service hours -
the Director-Libraries requests that the Board accept,
acknowledge and appropriate a $2,700 donation from the
Gridley Friends of the Library (Continuing Operation
Trust Fund) for the Gridley Branch Library public
service staff hours - action requested - APPROVE BUDGET
TRANSFER B-265 (4 /5 vote required}; APPROVE LETTER OF
APPRECIATION AND AUTHORIZE THE CHAIR TO SIGN.
6. County Library, Paradise Branch - public service
hours - the Director-Libraries requests that the Board
accept, acknowledge and appropriate a $3,000 donation
from the Paradise Friends of the Library (Continuing
Operation Trust Fund) for the Paradise Branch Library
public service staff hours - action requested - APPROVE
BUDGET TRANSFER B-263 (4/5 vote required) AND APPROVE
LETTER OF APPRECIATION AND AUTHORIZE THE CHAIR TO SIGN.
Page 127 April 28, 1998
April 28, 1998
98-129
7. County Service Area (CSA) 90-Southgate Industrial Park -
Grant Deed - on January 27, 1998, the property owners in
CSA 90, Zone 3, voted in favor of fire protection
services. Baldwin Contracting and Towne Trust are
granting the fire protection facilities and related
easement to the County to allow the CSA to operate and
maintain these services - action requested - ACCEPT
GRANT DEED FROM BALDWIN CONTRACTING COMPANY AND TOWNE
TRUST AND AUTHORIZE THE CHAIR TO SIGN THE CERTIFICATE OF
ACCEPTANCE.
8. Report to the Board - Interim Federal and State Land
Management Plan - at the Board meeting of July 8, 1997,
it was proposed that the Board adopt an "Interim Federal
and State Land Management Plan." The Board directed the
Department of Development Services to provide background
on this proposal and make a recommendation. Having
completed the Board's directive, it is the
recommendation of the Department of Development Services
that the plan not be adopted - action requested - ACCEPT
FOR INFORMATION.
9. Award of Bid No. 115-98 - Behavioral Health
vehicles - bids have been opened for the purchase of a
mid-sized sedan for the Department of Behavioral Health
with the low bidder meeting specifications being
Wittmeier Chevrolet of Chico in the amount of
$15,631.65, including tax and Department of Motor
Vehicle fees - action requested - AWARD BID.
10. Award of Bid No. 116-98 - Public Health vehicles - bids
have been opened for the purchase of two compact sedans
for the Public Health Department with the low bidder
being New Jackson Ford of Martell in the amount of
$12,763.78 each, including tax and Department of Motor
Vehicle fees - action requested - AWARD BID.
11. Award of Bid No. 119-98 - Behavioral Health vans - bids
have been opened for the purchase of three mini-vans for
the Behavioral Health Department with the low bidder
being Folsom Lake Ford in Folsom in the amount of
$18,769.78 each, including tax and Department of Motor
Vehicle fees - action requested - AWARD BID.
Page 128 April 28, 1998
April 28, 1998
98-129 12. Transfer of Vehicles - Air Quality Management District -
at the time the Air Quality Management District was
formed the vehicles assigned to the District remained in
the ownership of the County. Board authorization is
requested to transfer the following vehicles to the
District: 1981 Toyota Corolla (County no. 769, Asset no.
17766), 1986 Ford Tempo (County no. 896, Asset no.
19275), 1988 Ford Tempo (County no. 947, Asset no.
20207), and 1991 Mercury Tracer (County no. 733, Asset
no. 21909) - action requested - AUTHORIZE TRANSFER OF
OWNERSHIP.
13. County Clerk-Recorder - Board authorization is requested
for the appropriation of unanticipated revenue in the
amount of $65,000 (State Claims Reimbursement
Revenue for the purchase of a replacement Signature
Retrieval System for the Elections Department (one
capture station and six display stations) to replace
equipment that is outdated and deteriorating - action
requested - APPROVE BUDGET TRANSFER B-257 (4/5 vote
required), APPROPRIATING UNANTICIPATED REVENUE AND
AUTHORIZE THE PURCHASE OF FIXED ASSET ITEMS.
14. District Attorney - Board authorization is requested for
the appropriation of unanticipated revenue in the amount
of $8,875 (District Attorney's Narcotic Asset Seizure
Trust Fund No. 1383) for the purchase of two Daniels VHF
repeaters with control cards, two of the remaining
components for the District Attorney's radio network
plan - action requested - APPROVE BUDGET TRANSFER B-262
(4/5 vote required), APPROPRIATING UNANTICIPATED REVENUE
AND AUTHORIZE PURCHASE OF FIXED ASSET ITEMS.
15. General Services - Motor Pool vehicle replacement -
Board authorization is requested for the purchase of a
mid-sized sedan in the estimated amount of $18,495 for
the Central Motor Pool($3,641 Insurance Recovery/$14,854
Department Budget) to replace a similar vehicle that was
involved in an accident and surplused - action
requested - APPROVE BUDGET TRANSFER B-264 (4/5 vote
required}, ACCEPTING AND APPROPRIATING UNANTICIPATED
REVENUE AND AUTHORIZE PURCHASE OF A FIXED ASSET ITEM.
Page 129 April 28, 1998
ril 28, 1998
98-129
16. Relief from accountability - the Department of
Behavioral Health has prepared a summary list of
numerous items of fixed asset equipment that have been
deemed destroyed, damaged, stolen or unlocatable -
action requested - REFER TO THE DISTRICT ATTORNEY FOR
INVESTIGATION AND REPORT PURSUANT TO ARTICLE VIII,
SECTION 11 OF THE BUTTE COUNTY CHARTER.
17. Monthly Investment Report - the Treasurer-Tax Collector
submits the March 31, 1998, report in accordance with
the Butte County Statement of Investment Policy dated
July 1, 1997 - action requested - ACCEPT FOR
INFORMATION.
18. Tax and Revenue Anticipation Notes (TRAN) - the
Treasurer-Tax Collector requests Board approval to
participate in the 1998/99 California Cash Flow
Financing Program issuance of Tax and Revenue
Anticipation Notes (TRAN} for a maximum feasible amount
to be determined by the Treasurer-Tax Collector and
Auditor-Controller, not to exceed $20,000,000 - action
requested - ADOPT RESOLUTION 98-61 AUTHORIZING AND
APPROVING THE BORROWING OF FUNDS FOR FISCAL YEAR 1998-
99; THE ISSUANCE AND SALE OF A 1998-99 TAX AND REVENUE
ANTICIPATION NOTE THEREFOR AND PARTICIPATION IN THE
CALIFORNIA COMMUNITIES CASH FLOW FINANCING PROGRAM AND
AUTHORIZE THE CHAIR TO SIGN.
19. Drescher Tract Assessment District Loan
Resolution - in anticipation of summer construction to
improve Drescher Tract Road to County standards for
County maintenance, Board approval of a resolution
providing for a low interest loan from the U.S.
Department of Agricultural Rural Development to the
Drescher Tract Assessment District is requested. The
Assessment District, not the County, would be
responsible for repayment of the loan - action
requested - ADOPT LOAN RESOLUTION 98-62 AUTHORIZING AND
PROVIDING FOR THE INCURRENCE OF INDEBTEDNESS FOR THE
PURPOSE OF PROVIDING A PORTION OF THE COST OF ACQUIRING,
CONSTRUCTION, ENLARGING, IMPROVING AND/OR EXTENDING ITS
STREET FACILITY TO SERVE AN AREA LAWFULLY WITHIN ITS
JURISDICTION, TO SERVE DRESCHER TRACT ASSESSMENT
DISTRICT AND AUTHORIZE THE CHAIR TO SIGN.
Page 130 April 28, 1998
April 28, 1998
98-129 20. Introduction of a salary ordinance amendment -
Department of Behavioral Health - extending the term of
two Mental Health Clinician II/I positions and four
Mental Health Counselor III/II/I positions associated
with the Parent Education Network -Office of Child Abuse
Prevention (PEN-OCAP) grant through June 30, 1999. The
PEN-OCAP grant is funded through June 30, 2000 -
action requested - WAIVE READING OF ORDINANCE.
21. Introduction of a salary ordinance amendment -
Consolidated Courts - in anticipation of the increased
workload arising from the proposed legislation that will
fund a 6th Superior Court Judgeship and related support
staff services in the County, the Court requests the
following positions be created: six Court Clerk III/II/I
positions, one Court Clerk I or Office Assistant II/I
position, one Accounting Specialist position, one
Administrative Services Assistant position, and one
Administrative Analyst II1/II/I position (State Trial
Court funding). These positions will remain unfilled
until adequate funding becomes available - action
requested - WAIVE READING OF ORDINANCE.
22. Introduction of a salary ordinance amendment - District
Attorney-Criminal Division - extending the term of one
District Attorney Investigator II/I; one Legal Typist
Clerk/Office Assistant III; (Spousal Abuser Grant); and
one Investigative Assistant (Statutory Rape Vertical
Prosecution Grant) to June 30, 1999. Funding for the
positions associated with the grants will be continued
through the 1998/1999 fiscal year - action requested -
WAIVE READING OF ORDINANCE.
23. Introduction of a salary ordinance amendment -
Personnel - in order to continue processing future
recruitments and written examination through the budget
process, the Interim Director-Personnel is requesting
the extension of a term position of one Personnel
Analyst I (Department budget) through December 31,
1998 - action requested - WAIVE READING OF ORDINANCE.
29. Introduction of a salary ordinance amendment -
Probation - extending the term of one full-time
Probation Officer III, and one half-time Office
Assistant II (Serious Habitual Offender Grant) through
June 30, 1999. Funding for this grant will continue
through June 30, 2000 - action requested - WAIVE READING
OF ORDINANCE.
Page 131 April 28, 1998
April 28, 1998
98-129 25. Introduction of a salary ordinance amendment - Public
Health-General Services - in order to meet the current
workload needs within the Public Health Department, the
Director-Public Health is requesting the salary
ordinance be changed to reflect the following changes:
delete one (vacant) Nutrition Assistant II/I position
and add one Office Assistant III/II/I position
(Department budget) - action requested - WAIVE READING
OF ORDINANCE.
26. Resolution Dedicating the Magalia Fire Station No. 33 in
Honor of W.J. "Matt" Matson - action requested - ADOPT
RESOLUTION 98-63 AND AUTHORIZE CHAIR TO SIGN.
27. Welfare-to-Work Block Grant Plan and Joint Resolution -
the Butte County Private Industry Council (PIC) has
received a Federal Fiscal Year 1998 Welfare-to-Work
(WtW) allocation. The purpose of the grant is to
identify, obtain employment for, and increase the
earnings of Ca1WORKs recipients. For PIC to receive the
WtW allocation, a local WtW plan has been developed in
conjunction with the Butte County Department of Social
Welfare and must be approved by PIC and the Board -
action requested - APPROVE LOCAL WELFARE-TO-WORK PLAN
AND ADOPT JOINT RESOLUTION 98-64 WITH THE BUTTE COUNTY
PRIVATE INDUSTRY COUNCIL APPROVING THE WELFARE-TO-WORK
PLAN, DESIGNATING THE WELFARE-TO-WORK ADMINISTRATIVE
ENTITY AND GRANTING SIGNATURE AUTHORITY AND AUTHORIZE
THE CHAIR TO SIGN.
28. Approval of plans and specifications for construction of
traffic signal installation at the intersection of Lower
Wyandotte Road and Las Plumas Avenue, County Project No.
23501-96-1 - action requested - APPROVE PLANS AND
SPECIFICATIONS; AUTHORIZE CHAIR AND DIRECTOR TO SIGN
PLANS; ADOPT WAGE SCALE; AND AUTHORIZE PUBLIC WORKS TO
ADVERTISE FOR BIDS.
29. Resolution Declaring Three-Way Stop Intersections Entler
Avenue at Carol Lee Court and Laguna Court (Vehicle
Code Section 21354) - action requested - APPROVE A STUDY
BY PUBLIC WORKS TO DETERMINE THE TRAFFIC CALMING EFFECTS
OF STOP SIGNS AND TO INVESTIGATE THE IMPACTS FROM THE
PROPOSED IMPROVEMENTS AT THE TERMINI OF ENTLER AVENUE,
AND ADOPT RESOLUTION 98-65 PLACING STOP SIGNS ON ENTLER
AVENUE AT THE INTERSECTIONS OF CAROL LEE COURT AND
LAGUNA COURT.
30. Presentation of Resolutions in Recognition of Doris E.
Long and Jeanette L. Richard upon their retirement from
the Butte County Library - action requested - ADOPT
RESOLUTIONS 98-66 AND 98-67 AND AUTHORIZE THE CHAIR TO
SIGN.
Page 132 April 28, 1998
April 28, 1998
98-129
31. Willow Glen Care Center - proposed is Amendment B to
the agreement to provide, when possible, long-term
residential care services as an alternative to the
higher cost Institutions for Mental Disease (IMD's) for
clients of Butte County Behavioral Health. The term of
the agreement will be July 1, 1997 through June 30,
1998, in a maximum amount not to exceed $74,200
(Realignment) - action requested - APPROVE CONTRACT
AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract no.
X10745)
32. T. W. DuFour and Associates - proposed is a lease
agreement amendment for the building located at 107
Parmac Road, Suite 1, Chico, increasing the lease by a
one time amount of $33,588.50 (Realignment} to cover
infill construction costs. The term of the lease
remains April 1, 1998 though March 31, 2000 - action
requested - APPROVE CONTRACT AMENDMENT AND AUTHORIZE THE
CHAIR TO SIGN. (Contract no. X10855}
33. Pacific Bell/State of California/County of Butte -
prepayment of telephone services and acquisition of data
communications equipment - proposed is Amendment No. 1
to Exhibit 27-State of California master agreement for
non-tariffed services and equipment to Butte County.
This agreement allows Butte County to participate in the
State contract to reduce communication costs to the
County and covers T-1 and A.D.M, services which were
left out of the original agreement - action requested -
APPROVE AMENDMENT NO. 1 TO EXHIBIT 27 AND AUTHORIZE THE
CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND
THE AUDITOR-CONTROLLER. (Contract no. X10391)
39. Chabin Concepts of Chico - the County was awarded a
Planning and Technical Assistance Grant by the
California Department of Housing and Community
Development to conduct a Business Analysis, Retention
and Expansion study. The County sent out a Request for
Qualifications and a review panel selected Chabin
Concepts of Chico as the firm most qualified to conduct
the study - action requested - APPROVE BUDGET TRANSFER
B-279 (9/5 vote required), ACCEPTING AND APPROPRIATING
$36,050 IN UNANTICIPATED REVENUE; AND APPROVE AND AWARD
CONTRACT TO CHABIN CONCEPTS OF CHICO SUBJECT TO APPROVAL
OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER.
35. Bookmobile Rural Outreach Program - the Director-
Libraries is requesting approval of a grant application
through the Butte County Air Quality Management District
for a Bookmobile Rural Outreach Program grant in the
amount of $12,000 - action requested - APPROVE GRANT
APPLICATION AND AUTHORIZE THE DIRECTOR-LIBRARIES TO
SIGN.
Page 133 April 28, 1998
April 28, 1998
98-129 36. Private Industry Council of Butte County, Inc. -
provided for Board approval is the Job Training
Partnership Act (JTPA) Job Training Plan and
modifications and Title III Substate Plan modifications
for program years 1998 and 1999 - action requested -
APPROVE JTPA JOB TRAINING PLAN AND SUBSTATE PLAN
NARRATIVE FORMS SUPPLEMENT FOR PROGRAM YEARS 1998 AND
1999 AND AUTHORIZE THE CHAIR TO SIGN.
37. Enforcement Assistance Grant Application - California
Integrated Waste Management Board, Enforcement
Assistance Grant Program - the State is making available
1000 State funds to support local solid waste landfill
permit and inspection programs. These funds will be
utilized to cover equipment, staff and operating
expenses assigned to this program. In the past the
grant has ranged from $16,000-$19,000 per year (no
matching funds required) - action requested - ADOPT
RESOLUTION 98-68 AUTHORIZING ENFORCEMENT ASSISTANCE
GRANT APPLICATION UNDER THE CALIFORNIA INTEGRATED WASTE
MANAGEMENT BOARD ENFORCEMENT ASSISTANCE GRANT PROGRAM
AND AUTHORIZE THE CHAIR TO SIGN.
38. United States Fish and Wildlife Service Agreement - a
revenue agreement has been prepared with the United
States Fish and Wildlife Service covering flood damage
repairs of the Parrot Phelan Diversion Dam and fish
screening facility on Butte Creek. The agreement is in
the amount of $131,000 and covers the period through
September 30, 1998 - action requested - APPROVE
AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract
no. R90063)
39. Compost Bin Distribution Sale - the Public Works
Department is requesting Board approval to sponsor a
Countywide compost bin distribution sale to foster
interest in backyard composting as a means of source
reduction and to cut down on the amount of green waste
going to the Neal Road Landfill and to authorize the
Public Works Department to release a Request for
Proposal (RFP) to find a qualified distributor of
compost bins - action requested - APPROVE BUTTE COUNTY
ENDORSEMENT OF THE COMPOST BIN DISTRIBUTION SALE AND
AUTHORIZE THE DIRECTOR OF PUBLIC WORKS TO ISSUE A
REQUEST FOR PROPOSAL.
Page 134 April 26, 1998
April 28, 1998
98-129 40. Advancement within a salary range - Communications -
pursuant to Personnel Rule 12.13, Board authorization is
requested to approve an advancement of a Communication
Technician incumbent to step 3 of the salary range -
action requested - AUTHORIZE THE APPOINTMENT OF A
COMMUNICATION TECHNICIAN TO STEP 3 OF THE SALARY RANGE.
MOTION: I MOVE TO APPROVE THE CONSENT AGENDA WITH
ITEM 3.21 AMENDED TO ADD THE POSITION OF
ACCOUNTING SPECIALIST AND TO MODIFY THE TITLE
OF THE LISTED POSITION OF OFFICE ASSISTANT
II/I TO READ COURT CLERK I OR OFFICE
ASSISTANT II/I; ITEM 3.22 AMENDING THE
POSITION TITLE FROM DISTRICT ATTORNEY II/I TO
DISTRICT ATTORNEY INVESTIGATOR II/I; ITEM
3.40 AMENDING "action requested - APPROVE
AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN.
(CONTRACT No. R40063)" AND THE REMOVAL OF
ITEMS 3.28 AND 3.30.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
(PRESENTATION BY CHAIR DAVIS, ON BEHALF OF THE BOARD, OF
RESOLUTIONS HONORING DORIS LONG AND JEANNETTE RICHARD ON
THEIR RETIREMENT FROM THE COUNTY) (159)
Regular Agenda
98-130 Items removed from the Consent Agenda for Board Consideration
and action.
1. Adoption of An Ordinance Establishing Speed Limits on
Certain Roads Within the County of Butte - engineering
and traffic surveys, in accordance with the California
Vehicle Code, have been performed on various segments of
Butte County roads in order to establish reasonable
speed limits enforceable by the California Highway
Patrol by use of radar. Proposed is the establishment
of speed zones on segments of the Skyway as follows: 1.
Skyway (Potter Drive to 1.2 miles east) - 45 miles per
hour, and 1.2 miles east of Potter Drive to Skyway
Crossroad - 55 miles per hour - action requested -
ADOPT ORDINANCE AS AMENDED ON APRIL 14, 1998 AND
AUTHORIZE THE CHAIR TO SIGN. (FROM 4-14-98)
Page 135 April 28, 1998
April 28, 1998
98-131 Presentation of a Resolution Honoring Gary N. Brown for his
service and dedication to the water community - action
requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN.
(397)
MOTION: I MOVE TO ADOPT RESOLUTION 98-69 AND AUTHORIZE THE
CHAIR TO SIGN.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
(CHAIR DAVIS PRESENTS TO THERESA BROWN A RESOLUTION HONORING
GARY N. BROWN FOR HIS SERVICE AND DEDICATION TO THE WATER
CGMMUNITY.)
98-132 Appointments - commissions and committees.
A. Appointments to committee vacancies. (NONE)
SUPERVISOR DOLAN ADVISED THAT A LETTER WAS RECEIVED IN HER
OFFICE FROM LENA WHITE, TENANT REPRESENTATIVE TO THE BUTTE
COUNTY HOUSING AUTHORITY BOARD REQUESTING REAPPOINTMENT.
SUPERVISOR BEELER STATED THAT TWO INDIVIDUALS FROM DISTRICT
ONE WOULD ALSO LIKE TO BE CONSIDERED FOR APPOINTMENT TO THE
COMMITTEE VACANCIES. IT WAS THE DECISION OF THE BOARD THAT
THE APPOINTMENTS TO THE BUTTE COUNTY HOUSING AUTHORITY BOARD
WILL BE ADDRESSED AT THE MEETING OF MAY 12, 1998.(495)
98-133 Update on legislative and budget activities. (550) (JOHN S.
BLACKLOCK, CHIEF ADMINISTRATIVE OFFICER, REPORTED ON VEHICLE
LICENSE FEES AND THE TREND OF LEGISLATION TOWARD REDUCING OR
ELIMINATING THOSE FEES. DISCUSSIONS ARE TAKING PLACE IN
SACRAMENTO FOR PLANS WHICH MIGHT PROVIDE ASSURANCES FOR
COUNTIES AS IT PERTAINS TO REPLACEMENT REVENUE. ONE PROPOSAL
BEING DISCUSSED INFORMALLY IS AN IDEA TAKEN FROM LAST YEARS'
AB233 WHICH WOULD EXPAND THE NUMBER OF COUNTIES EXEMPTED FROM
CONTRIBUTING TO TRIAL COURT FUNDING; PERHAPS ADDING ANOTHER
TEN TO FIFTEEN COUNTIES, POSSIBLY INCLUDING BUTTE COUNTY.
ALSO BEING DISCUSSED IS THE TYING OF A CONSTITUTIONAL
AMENDMENT FOR BACKFILL FUNDING TO COUNTIES TO REPLACE LOST
VEHICLE LICENSE FEES. AS ADDITIONAL INFORMATION BECOMES
AVAILABLE ON THIS TOPIC IT WILL BE BROUGHT TO THE BOARD.
(Continued on Page 137)
Page 136 April 28, 1998
April 28, 1998
98-133 CHAIR DAMS REPORTS THAT ON APRIL 24, 1998, HE WENT TO
MARYSVILLE WITH JON CLARK, BUTTE COUNTY ASSOCIATIONS OF
GOVERNMENTS, TO MEET WITH THE EXECUTIVE COMMITTEE FROM
CALTRANS TO EXPRESS THE VIEWS OF BUTTE COUNTY ON THE HIGHWAY
70 CORRIDOR CHANGES WHICH HAVE TAKEN PLACE.
98-134 Report to the Board - privatization - action requested:
A. DIRECT ADMINISTRATIVE OFFICE TO BEGIN DEVELOPMENT OF A
PERFORMANCE BASED BUDGET PROCESS TO PROVIDE NECESSARY
FINANCIAL AND PERFORMANCE DATA TO FACILITATE
CONSIDERATION OF PRIVATIZATION OPPORTUNITIES;
B. UTILIZE THE MANAGEMENT REVIEW PROCESS TO IDENTIFY
PRIVATIZATION OPPORTUNITIES WHERE THERE IS A COST AND
BENEFIT ADVANTAGE;
C. DIRECT COUNTY DEPARTMENTS TO PROVIDE COMPARATIVE
INFORMATION AS NEW PROGRAMS AND ACTIVITIES ARE
INTRODUCED TO THE BOARD FOR CONSIDERATION; AND
D. CONSIDER ESTABLISHMENT OF A TASK FORCE TO EVALUATE THE
BENEFITS OF AMENDING THE BUTTE COUNTY CHARTER TO EXPAND
PRIVATIZATION OPTIONS. (781)
MOTION: I MOVE TO:
A. DIRECT ADMINISTRATIVE OFFICE TO RESEARCH
INFORMATION ON A PERFORMANCE BASED BUDGET
PROCESS TO PROVIDE NECESSARY FINANCIAL AND
PERFORMANCE DATA TO FACILITATE CONSIDERATION
OF PRIVATIZATION OPPORTUNITIES;
B. UTILIZE THE MANAGEMENT REVIEW PROCESS TO
IDENTIFY OPPORTUNITIES WHERE THERE IS A COST
BENEFIT ADVANTAGE; AND
C. DIRECT COUNTY DEPARTMENTS TO PROVIDE
COMPARATIVE INFORMATION AS NEW PROGRAMS AND
ACTIVITIES ARE INTRODUCED TO THE BOARD FOR
CONSIDERATION.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
Page 137 Rpril 28, 1998
April 28, 1998
Public Hearinq and Timed Items
98-135 Continued hearing - renaming of private roads in the Chico
area - Olive Street and Polk Street (from McIntosh Avenue to
End) to Old Chico Way - action requested - ADOPT A RESOLUTION
RENAMING A PRIVATE ROAD IN BUTTE COUNTY AND AUTHORIZE THE
CHAIR TO SIGN. (2381)
MOTION: I MOVE TO ADOPT RESOLUTION 98-70 RENAMING A PRIVATE
ROAD IN BUTTE COUNTY AND AUTHORIZE THE CHAIR TO
SIGN.
S M
VOTE: l Y 2 N 3 Y 4 Y 5 Y (Motion Carried)
98-136 Public Hearing - James Giles - consideration of an appeal of
the Planning Commission's denial of a use permit (item
determined to be categorically exempt from environmental
review) for a single family dwelling unit on property zoned M-
1 (Light Industrial), property located approximately 1,972
feet west of Lincoln Blvd., at 5973 Lincoln Blvd., identified
as AP 036-270-064, Oroville - action requested - SUBJECT TO
ENVIRONMENTAL FINDING A; ZONING ORDINANCE FINDINGS A. AND B.
(STAFF MEMORANDUM DATED APRIL 10, 1998), STAFF RECOMMENDS THE
BOARD OF SUPERVISORS UPHOLD THE DECISION OF THE PLANNING
COMMISSION AND DENY THE APPEAL OF THE USE PERMIT FOR JAMES
GILES ON APN 036-270-064 FOR A SINGLE-FAMILY DWELLING UNIT IN
A M-1 (LIGHT INDUSTRIAL) ZONE. (2500)(**00)
MOTION: I MOVE TO UPHOLD THE APPEAL AND APPROVE THE USE
PERMIT FOR JAMES GILES ON APN 036-270-064 FOR A
SINGLE-FAMILY DWELLING UNIT IN A M-1 (LIGHT
INDUSTRIAL) ZONE; FIND THAT THERE ARE PRIOR
EXISTING DWELLINGS ON THE SAME DRIVE AND THAT THERE
IS AN ESTABLISHED RESIDENTIAL CHARACTER IN THE
GENERAL AREA; FIND THAT THE PROPOSED USE OF THE
PROPERTY WILL NOT IMPAIR THE INTEGRITY AND
CHARACTER OF THE ZONE IN WHICH THE LAND LIES AND
THAT THE USE WOULD NOT BE UNREASONABLY INCOMPATIBLE
WITH, OR INJURIOUS T0, SURROUNDING PROPERTIES, OR
DETRIMENTAL TO THE HEALTH OR GENERAL WELFARE OF THE
PERSONS RESIDING OR WORKING IN THE NEIGHBORHOOD, OR
TO THE GENERAL HEALTH, SAFETY, AND WELFARE OF THE
RESIDENTS OF THE COUNTY SUBJECT TO CONDITIONS OF
APPROVAL: 1. INSTALL A SEWAGE DISPOSAL SYSTEM
UNDER PERMIT FROM THE ENVIRONMENTAL HEALTH
DIVISION; 2. MEET THE REQUIREMENTS OF THE EL MEDIO
FIRE DISTRICT; 3. ERECTING ANY STRUCTURES WITHIN
PACIFIC GAS & ELECTRIC TOWER EASEMENT IS
PROHIBITED; RND, 4. APPLICANT MUST ALSO COMPLY
WITH ALL OTHER APPLICABLE STATE AND LOCAL STATUTES,
ORDINANCES AND REGULATIONS. IT IS FURTHER MOVED
TO DIRECT STAFF TO INITIATE A REVIEW BY THE
PLANNING COMMISSION OF ZONING IN THE PROPOSED AREA
FOR A REPORT TO THE BOARD.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
Page 138 April 28, 1998
April 28, 1998
RECESS: 10:38 a.m.
RECONVENE: 10:95 a.m.
Regular Agenda
98-137 Water Inventory/Analysis Funding Committee - at the April 7,
1998, meeting of the Butte County Water Commission it was
voted to recommend to the Board of Supervisors that the Board
continue with the process to obtain funding for the County
inventory/analysis from the State - action requested - ACCEPT
THE RECOMMENDATION OF THE WATER COMMISSION TO CONTINUE WITH
THE PROCESS TO OBTAIN FUNDING FOR THE COUNTY INVENTORY/
ANALYSIS FROM THE STATE, AND APPOINT A LOBBYING TEAM TO MEET
WITH THE DEPARTMENT OF WATER RESOURCES ON THIS MATTER. (0085)
MOTION: I MOVE TO ACCEPT THE RECOMMENDATION OF THE WATER
COMMISSION TO CONTINUE WITH THE PROCESS TO OBTAIN
FUNDING FOR THE COUNTY INVENTORY/ANALYSIS FROM THE
STATE, AND APPOINT A LOBBYING TEAM TO MEET WITH THE
DEPARTMENT OF WATER RESOURCES ON THIS MATTER.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
(BOARD DIRECTION WAS MADE THAT SUSAN MINASIAN BE TASKED WITH
APPOINTING THE LOBBYING TEAM TO MEET WITH THE DEPARTMENT OF
WATER RESOURCES ON THIS MATTER.)
98-138 Assessor - Resolution Providing for a Cap on the Assessed
Value on Land Subject to Williamson Act Contracts - the
Williamson Act allows the Assessor to enroll property value
based on income producing capability rather than market value
and provides the County reimbursement for lost tax revenue
from the State Department of Conservation. When the property
value under Proposition 13 is lower than the Williamson Act
value, owners may have the two values compared and the lower
value enrolled. When land is enrolled at the Proposition 13
value the State does not reimburse the County, which creates
a significant loss of revenue. The proposed resolution would
provide that all properties in the Williamson Act (with the
exception of those non-renewing) receive an additional l00
reduction off their Proposition 13 base value allowing all
properties to continue to be valued under the Williamson Act -
action requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO
SIGN. (205)
MOTION: I MOVE TO ADOPT RESOLUTION 98-71 AND AUTHORIZE THE
CHAIR TO SIGN.
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried}
Page 139 April 28, 1998
April 28, 1998
98-139 Multi-Component Gang Violence Suppression Grant - the proposed
State Office of Criminal Justice Planning (OCJP) grant
involves approximately $1,500,000 over three years with a
required match that increases each year from 10 to 20 to 30
per cent to help the Sheriff's Office, the District Attorney's
Office, and the Probation Department suppress gang activity in
Butte County and its surrounding jurisdictions through
education, intervention, arrest, and probation. Of the total
match required ($300,000), the County will be responsible for
5240,000, with schools and the Community Action Agency
providing the balance ($60,000). The Administrative Office
recommends that this grant program be approached with the
understanding that budgets of the Sheriff-Coroner, District
Attorney, and Chief Probation Officer be considered the
primary, if not the total, source of funds for matching
requirements - action requested - ADOPT RESOLUTION APPROVING
MATCHING FUNDS FOR THE MULTI-COMPONENT GANG VIOLENCE
SUPPRESSION GRANT WITH THE PROVISION THAT COUNTY MATCHING
FUNDS COME FROM WITHIN EXISTING DEPARTMENTAL BUDGET RESOURCES
AND AUTHORIZE THE CHAIR TO SIGN. (416)
MOTION: I MOVE TO ADOPT RESOLUTION 98-72 APPROVING MATCHING
FUNDS FOR THE MULTI-COMPONENT GANG VIOLENCE
SUPPRESSION GRANT WITH THE PROVISION THAT COUNTY
MATCHING FUNDS COME FROM WITHIN EXISTING
DEPARTMENTAL BUDGET RESOURCES AND AUTHORIZE THE
CHAIR TO SIGN.
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
98-140 Annual Elected Department Head Presentation - Sheriff-
Coroner - to discuss department issues and goals and to voice
mutual concerns - action requested - ACCEPT FOR INFORMATION.
(826) (PRESENTATION TO THE BOARD BY MICK GREY, SHERIFF-
CORONER)
98-141 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.) (NONE)
Page 140 April 28, 1998
April 28, 1998
98-142 CLOSED SESSION: The Board recessed at 11:93 a.m. to a closed
session conference with legal counsel for
actual litigation pursuant to Government Code
Section 54957.9(a): 1. Butte County v.
Cofer; 2. Christopher v. County of Butte, et
al.; conference with labor negotiator
pursuant to Government Code Section 54957.6:
Agency negotiator: Bill Avery; and employee
organizations: Butte County Employees
Association, Butte County Management
Employees Association, Social Services
Workers Unit, and Butte County Law
Enforcement Officers Association (General
Unit and Management-Supervisory Unit); and
public employee performance evaluation
pursuant to Government Code Section 54957: 1.
Director-Library; 2. Chief Administrative
Officer.
98-143 Consideration for Board approval to place on the agenda a
closed session conference, pursuant to Government Code Section
54954.2(b)(2), with real property negotiator pursuant to
Government Code Section 54956.8: Property: 2273 Normal Avenue,
Chico, California; Negotiating parties: County of Butte and
Butte County Almond Hull Association; Under negotiation:
price, terms and conditions of potential sale.
MOTION: I MOVE PURSUANT TO GOVERNMENT CODE SECTION
54956.2(b)(2) THAT THERE IS A NEED TO TAKE
IMMEDIATE ACTION AND THAT THE NEED FOR THE ACTION
CAME TO THE ATTENTION OF THE BOARD OF SUPERVISORS
SUBSEQUENT TO THE AGENDA BEING POSED AND TO ADD TO
THE CLOSED SESSION AGENDA A CONFERENCE WITH REAL
PROPERTY NEGOTIATOR PURSUANT TO GOVERNMENT CODE
SECTION 54956.8: PROPERTY: 2273 NORMAL AVENUE,
CHICO, CALIFORNIA; NEGOTIATING PARTIES: COUNTY OF
BUTTE AND BUTTE COUNTY ALMOND HULL ASSOCIATION;
UNDER NEGOTIATION: PRICE, TERM AND CONDITIONS OF
POTENTIAL SALE.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
Page 141 April 28, 1998
April 28, 1998
98-143 RECONVENE: The Board reconvened at 2:45 p.m. following
a closed session conference with legal
council for actual litigation pursuant to
Government Code Section 54957.9(a}: 1.
Butte County v. Cofer; 2. Christopher v.
County of Butte, et al.; conference with
labor negotiator pursuant to Government Code
Section 54957.6: Agency negotiator: Bill
Avery; and Employee organizations: Butte
County Employees Association, Butte County
Management Employees Association, Social
Services Workers Unit, and Butte County Law
Enforcement Officers Association (General
Unit and Management-Supervisory Unit};and
public employee performance evaluation
pursuant to Government Code Section 54957: 1.
Director-Library; 2. Chief Administrative
Officer; conference with real property
negotiator pursuant to Government Code
Section 54956.8: Property: 2273 Normal
Avenue, Chico, California; Negotiating
parties: County of Butte and Butte County
Almond Hull Association; Under negotiation:
price, terms and conditions of potential
sale.
98-144 CLOSED SESSION Butte County v. Cofer - the Board of
ANNOUNCEMENT: Supervisors, by unanimous vote, has approved
an agreement settling this case. The
agreement has been signed by all the parties.
The settlement terms are set forth in the
written agreement. The terms include a
scheduled reduction of 10% per month in the
number of tires at the Custer Lane site,
until all tires have been removed, no later
than March 1999, and verification inspections
by an agreed representative of the Integrated
waste Management Board. The tire business
will relocate to another site in the City of
Oroville; an escrow is pending for that site,
and the County will place $10, 000 into the
escrow to help facilitate the relocation.
Upon compliance with the settlement terms and
clean-up of the Custer Lane site, the seller
of the new site will be paid the $10,000. If
the settlement terms are not complied with by
the Defendants, the $10,000 will be returned
to the County. Meantime, the Court will
retain jurisdiction in the event further
proceedings are necessary.
Page 142 April 28, 1998
ril 28, 1996
Communications
98-145 Communications received and referred. (COPIES OF ALL
COMMUNICATIONS ARE AVAILABLE IN THE CLERK OF THE BOARD
OFFICE.)
A. Gail Galia, for the Board of the Honey Run Covered
Bridge Association writes to request assistance from the
County in repairing the historic covered bridge on Honey
Run from damage received over the last two seasons of
inclement weather. (REFER TO CHIEF ADMINISTRATIVE
OFFICE)
ADJOURNMENT: There being no further business before the
Board, the meeting was adjourned at 2:97 p.m.
to reconvene on Tuesday, May 12, 1998, at
9:00 a.m.
i ,
Fred C. Davis, Chair
ATTEST:
John S. Blacklock, Chief Administrative Officer
and Clerk of the ar of Supervisors
By
Page 143 April 28, 1998