HomeMy WebLinkAboutM051496MINUTES:
BOARD OF SUPERVISORS
ED McLAUGHLiN, 4th District, Chair
VIVIAN MEYER, 1st District
JANE DOLAN, 2nd District
MARY ANNE HOUX, 3rd District
GORDON THOMAS, 5fh District
May 14. 1996
Call to order -Board of Supervisors room, County Administration Building,
25 County Center Drive, Oroville. Present: Supervisors Dolan, Houx, Thomas and
Chair McLaughlin. Not Present: Supervisor V. Meyer. John S. Blacklock, Chief
Administrative Off cer; Susan Ivfinasian, County Counsel; and Carol Roach, Assistant
Clerk of the Board.
Pledge of allegiance to the Flag of the United States of America.
Invocation -Rev. Chuck Seielstad, First Assembly of God, Chico.
96-131 Items removed from the Consent Agenda for Board consideration and action.
Introduction of a salary ordinance amendment changing the status of an
existing term position of Administrative Analyst I to a regular help allocated
position (Department budget). The Air Quality Management District Board,
at a meeting held on April 18, 1996, approved the request -action requested -
WAIVE READING OF THE ORDINANCE.
2. 1995-96 California Division of Forestry and Fire Protection cooperative
agreement -proposed is a modification to the 1995-96 cooperative agreement
for fire protection services providing an augmentation of funding in the
amount of $75,000 due to 1) a labor ruling regarding compensation of
division and battalion chiefs; 2) correction of staffing error for the Nord
Fire Station in the final budget; 3) finalization of retirement benefits
for State staff; 4) upgrading of two positions as the result of a labor/out-of-
class assignment issue; and 5) allowing for the normal hiring cycle and staffing
for Fire Fighter I positions at County fire stations as of June 1. Funding
for the augmentation will come out of existing appropriations -action
requested - APPROVE BUDGET TRANSFER B-190 AND
MODIFICATION TO AGREEMENT AND AUTHORIZE THE CHAIR TO
SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE
AUDITOR-CONTROLLER.
Page 132 May 14, 1996
May 14, 1996
96-132 1. Approval of
APRIL, 23, 1996.
Consent Agenda
minutes -action requested -APPROVE MINUTES OF
2. Budget transfers -action requested -APPROVE BUDGET Transfers
TRANSFER B-175 (LIBRARIES), B-182 (COUNTY SERVICE AREA NO.
151 [SHASTAN LIGHTING AND DRAINAGE]), AND B-186
(WORKERS' COMPENSATION INSURANCE.)
3. Barnhart & Brown, abandonment of aright-of--way and public utilities
easement on a portion of Dandy's Lane, property located approximately 2,000
feet northeast of the intersection of Foothill Boulevard and Wyandotte Road,
Oroville, identified as AP 036-240-028, -029, -032, -033, -034, -035 and -
036 -action requested -ADOPT RESOLUTION 96-44 SETTING A
PUBLIC HEARING FOR TUESDAY, JUNE 25, 1996 AT 10:00 A.M.
4. County Library donations - in accordance with Government Code Section
25355, donations of $5,000 from Paradise Friends of the Library; $2,60b from
Chico Friends of the Library; and $250 from Gridley Friends of the Library
have been received for the Butte County Trust Fund for the purchase of
books -action requested -ACCEPT DONATIONS AND AUTHORIZE
LETTERS OF APPRECIATION.
5. Gridley-Biggs Cemetery District - action requested - REAPPOINT
LARENCE D. HAMMAN TO A TERM TO EXPIRE MAY 1, 2000.
6. Tri-County Economic Development District and Tri-County Small Business
Development Advisory Committee -action requested -APPOINT RICK
FARLEY TO A TERM TO EXPIRE JUNE 30, 1998.
7. County Commission on Aging -action requested -APPOINT FRANK
WATTERS TO FILL AN UNEXPIRED TERM EXPIRING
DECEMBER 31, 1998.
Page 133
May 14, 1996
May 14, 1996
96-132 8. Final map -Fourteen Mile House P.U.D. Subdivision, Unit 2, Phase 2 -the
developer has provided a cash deposit to guarantee maintenance of facilities
for a period of one year, starting Apri130, 1996, AP 063-360-017, sixteen lots
plus common areas, property located on the west side of Highway 32, north
of its intersection with Fourteen Mile House Drive, Forest Ranch area -action
requested -APPROVE FINAL MAP; ACCEPT EASEMENTS AS
GRANTED IN ITEM A OF THE OWNER'S STATEMENT ON BEHALF
OF THE PUBLIC; AND AUTHORIZE THE CHAIR TO SIGN THE
SUBDIVISION AGREEMENT.
9. Michael Smith and Cindy Lou Duff-Smith, Palermo -submit claims in
unspecified amounts as the result of the death of Wayne Michael Smith from
injuries sustained in a motorcycle accident which occurred on East Gridley
Road west of Gilstrap Avenue on or about September 1, 1995 -action
requested -REJECT CLAIMS AND REFER TO COUNTY COUNSEL
AND RISK MANAGER.
10. Board of Supervisors -District 5 Supervisor -Board authorization is
requested for the purchase of an off ce workstation in the maximum estimated
amount of $1,250 (Department budget) for Board member
administrative/clerical assistant -action requested -APPROVE BUDGET
TRANSFER B-185 AND PURCHASE OF FIXED ASSET ITEM.
11. Fire Department -Board authorization is requested for the purchase of two
LSP portable resuscitators in the maximum amount of $1,450 (Department
budget) to be utilized for life support purposes on Nord Station's (No. 41)
new engine -action requested -APPROVE BUDGET TRANSFER B-178
AND PURCHASE OF FIXED ASSET ITEMS.
12. Award of bid no. 78-96 -Public Works tractor loaderlbackhoe -bids have
been opened for the purchase of a tractor loader/backhoe with the low bidder
meeting specifications being Western Power & Equipment of Sacramento in
the amount of $62,097.75 -action requested -AWARD BID.
13. Award of bid no. 79-96 -Public Works bottom dump trailer -bids have been
received for the purchase of a bottom dump trailer with the low bidder
meeting specifications being Beall Trailers of Turlock, CA in the amount of
$28,950 -action requested -APPROVE BUDGET TRANSFERS B-176
AND PURCHASE OF FIXED ASSET ITEM.
14. County Library -Board authorization is requested for the purchase of a
Pentium workstation in the maximum amount of $2,800 (Department budget)
for Literacy Program record keeping and computer assisted instruction -
action requested- APPROVE BUDGET TRANSFER B-184 AND
PURCHASE OF FIXED ASSET ITEM.
Page 134 May 14, 1996
May 14. 1996
96-132 15. Mental Health -Board authorization is requested to reallocate the $10,211
balance in the Department's (541-002) fixed asset allocations for the purchase
of a notebook computer, DockingStation, monitor, portable printer, keyboard
mouse, computer (graphics and multi-media), printer, alarm system for van,
typewriter and miscellaneous purchases ($96) in the total amount of
$10,211 -action requested -APPROVE PURCHASE OF FIXED ASSET
ITEMS.
16. Public Guardian/Public Administrator -the Department has received a net
revenue increase of $50,342.19 from the State to cover claims for
reimbursement under the Medi-Cal Case Management Program. Board
authorization is requested for the purchase of two personal computers with
peripheral equipment, software, set up fee, one laser printer in the maximum
amount of $6,510, and one computer workstation ($437} to be used for data
processing and preparation of legal documents; and a televisionNCR
combination unit and 8mm camcorder ($1,500), to be used for inventory tasks
and accurate documentation of real and personal property -action requested -
APPROVE BUDGET TRANSFER B-189 ACCEPTING AND
APPROPRIATING UNANTICIPATED REVENUE AND PURCHASE OF
FIXED ASSET ITEMS.
17. Public Health -the Department has received a net increase unanticipated
revenue of $380,624.60 from the State to cover claims for reimbursement
under the Medi-Cal Case Management Program. Board authorisation is
requested for a budget transfer of $43,644 to cover the cost of hardware and
software expenses and to identify a total of $380,624.60 in unanticipated
revenue. This action will allow the Department to contract for the software
to implement a comprehensive clinical and billing program ($34,344), to
purchase five computer work sites ($1,500 each), and two printers ($900
each) - action requested -APPROVE BUDGET TRANSFER B-188
ACCEPTING AND APPROPRIATING UNANTICIPATED REVENUE
AND PURCHASE OF FIXED ASSET ITEMS.
18. Treasurer/Tax Collector - Board authorization is requested for the
reallocation of $9,000 in fixed assets funding approved in the fiscal year 1995-
96 budget to meet the unforseen need for the purchase of a new computer
system, software, and printer for the Department's Collection Unit -action
requested -APPROVE REALLOCATION OF FIXED ASSET FUNDING
AND PURCHASE OF FIXED ASSET ITEMS.
Page 135
May 14, 1996
May 14. 1996
96-132 19. Treasurer/Tax Collector -Board authorization is requested for the purchase
of two computer systems, with peripheral equipment, software, two printers,
and 8MB of ram for an existing 486DX2 computer in the maximum amount
of $9,600 (Restricted unanticipated revenue) -action requested -APPROVE
BUDGET TRANSFER B-187 AND PURCHASE OF FIXED ASSET
ITEMS.
20. Court facility lease payment -lease payments on the new court facility do not
technically become due until the project is completed, and completion is not
expected until September or October, 1996. However, payment of the related
certificates of participation is due July 1, 1996 -action requested -ADOPT
RESOLUTION 96-45 DIRECTING PAYMENT OF COURT FACII.ITY
LEASE PAYMENT ON JUNE 15, 1996.
21. Investments information report -the Treasurer-Tax Collector subnuts the
April 30, 1996 report in accordance with the County's Statement of
Investment Policy dated June 1, 1995 -action requested -ACCEPT FOR
INFORMATION.
22. Resolution approving transaction, identifying subject land, and authorizing
officers to execute documents -the Board previously authorized staff to
negotiate on behalf of the County in order to secure apiece of property for
use as a community center within the Chapman/Mulberry area of Chico. A
piece of property has been located, a Lease with Option to Buy has been
signed, and a Preliminary Title Report has been issued -action requested -
ADOPT RESOLUTION 96-46 AND AUTHORIZE THE CHAIR TO SIGN.
23. Adoption of an ordinance amending Butte County Code Section 11-4 to
designate Department of Development Services rather than Sheriff as the
administering department regarding junk storage regulations -action
requested -ADOPT ORDINANCE 3264 AND AUTHORIZE THE CHAIR
TO SIGN. (FROM 4-23-96)
24. Adoption of an ordinance adding Article XX to Chapter 2 "Administration"
of the Butte County Code establishing the qualifications, continuing education
requirements and investment authority of the County Treasurer-Tax
Collector - action requested - ADOPT ORDINANCE 3265 AND
AUTHORIZE THE CHAIR TO SIGN. (FROM 4-23-96)
Page 136
May 14, 199b
May 14. 1996
96-132
25. Introduction of a salary ordinance amendment adding two Rabies Control
Officers in order to implement the expanded level of animal control services
within the County. Board approval will allow sufficient time to recruit and
hire the positions prior to the anticipated starting date of July 1, 1996.
Funding for the expanded level of animal control service will come from
County Service Area No. 164 (Animal Control) -action requested -WAIVE
READING OF THE ORDINANCE.
26. Introduction of a salary ordinance amendment adding 1.5 Public Health Nurse
positions assigned to carry out the California Children Services (CCS)
Program requirements for enhanced case management for Medi-Cal eligible
beneficiaries. The State Department of Health Services has advised the
County that additional 100% State funds are available to cover the $75,000
annualized cost of adding these positions -action requested -APPROVE
BUDGET TRANSFER B-183 ACCEPTING AND ALLOCATING
UNANTICIPATED REVENUE AND WAIVE READING OF THE
ORDINANCE.
27. Introduction of a salary ordinance amendment -Sheriff-Coroner -Services
Division -Board authorization is requested to flexibly staff a currently vacant,
allocated position of Senior Account Clerk or Account Clerk as Account
Specialist, Senior Account Clerk, or Account Clerk in order to allow the
Sheriff the flexibility to fill the position at the higher Accounting Specialist
level -action requested -WAIVE READING OF THE ORDINANCE.
28. Resolution honoring Marian L. Hottell on her retirement from the District
Attorney's Family Support Division having served for over 21-1/2 years -
action requested -ADOPT RESOLUTION 96-47 AND AUTHORIZE THE
CHAIR TO SIGN.
29. Resolution proclaiming the month of May, 1996 as Mental Health Month in
Butte County -action requested -ADOPT RESOLUTION 96-48 AND
AUTHORIZE THE CHAIR TO SIGN.
30. Resolution declaring May as Foster Parent Appreciation Month in Butte
County - action requested - ADOPT RESOLUTION 96-49 AND
AUTHORIZE THE CHAIR TO SIGN.
Page 137
May 14, 1996
May 14. 1996
96-132 31. Approval of plans and specifications for construction of County Center Drive
safety improvements (from Nelson Avenue to Table Mountain Boulevard),
County Project No. 29485A-94-1 -plans and specifications are 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.
32. Approval of plans and specifications for storm damage repair of Oroville
Quincy I~ighway at various locations, County project no. 27562-95-1 -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; AUTHORIZE
PUBLIC WORKS TO ADVERTISE FOR BIDS; AND APPROVE
BUDGET TRANSFER B-181 PROVIDING APPROPRIATION OF
EMERGENCY RELIEF (ERFO) FUNDS IN THE AMOUNT OF $80,500
FOR CONSTRUCTION AND $15,004 FOR ENGINEERING.
33. Approval of plans and specifications for storm damage repair of French Creek
Road at various locations, County project no. 49665-95-1 -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.
34. Report to Board -bid opening for construction of pavement overlays of
Skyway and Hamilton Nord Cana Highway, County project no. AC-95-1 -
two bids were received and opened May 1, 1996, for pavement overlays of
portions of Skyway and Hamilton Nord Cana Highway having a cumulative
length of overlay of 5.4 miles (Baldwin Contracting Co., Inc.,
Chicol$422,855.20; W. Jaxon Baker, Inc., Redding/$436,063.50). The
Engineer's estimate was $434,130 and the low bid is 2.6% under the
estimate -action requested -AWARD CONTRACT TO LOW BIDDER,
BALDWIN CONTRACTING CO., INC. IN THE AMOUNT OF
$422,855.20.
Page 138
May 14, 1996
May 14, 1996
96-132 35. Old Skyway -the Public Works Department received a request from the
Dogtown Faire Committee to close a section of the Old Skyway on July 4,
1996 between the hours of 9:00 a.m. and 5:00 p.m. Public Works staff
inspected the site and have determined that the requested closure can be
accomplished safely -action requested -APPROVE THE TEMPORARY
ROAD CLOSURE OF OLD SKYWAY ON JULY 4, 1996 BETWEEN
THE HOURS OF 9:00 A.M. AND 5:00 P.M. SUBJECT TO THE
CONDITIONS Il~IPOSED BY THE PUBLIC WORKS, BUTTE COUNTY
SHERIFF-CORONER, AND BUTTE COUNTY FIRE DEPARTMENTS.
36. California State University, Chico, Department of Computer Science -
proposed is an agreement with CSU, Chico for an Information System (data
processing) Needs Assessment for Butte County (County share not to exceed
$17,000/Administrative Office budget). The expected outcome of the study
is a plan that will: 1) define current and future system status and needs; 2)
provide options and recommendations to satisfy information needs and
systems; 3) offer organizational options on delivery of information
management support services; 4) recommend implementation steps; and
5) offer alternatives for future guidance and policy direction recommendations
to the Board of Supervisors -action requested -AUTHORIZE TIIE CHIEF
ADMINISTRATIVE OFFICER, SUBJECT TO APPROVAL BY COUNTY
COUNSEL AND THE AUDITOR-CONTROLLER, TO NEGOTIATE,
FINALIZE, AND EXECUTE AN AGREEMENT WITH CSU, CHICO.
37. California Department of Food and Agriculture -Nematode Control
Program -proposed is the fiscal year 1996-97 memorandum of understanding
(no. NEMAT 969704) to facilitate a unified and cooperative program to
address the nematode control component required by the Food and
Agricultural Code for nursery stock sold for farm planting. The County will
be reimbursed at the rate of $35 per hour or County rate, whichever is less,
for supervision and documentation of soil and commodity treatments, and soil
and commodity sampling. Nematode sample processing will be reimbursed
at the rate of $20 per sample or County rate, whichever is less -action
requested -APPROVE MEMORANDUM OF UNDERSTANDING AND
AUTHORIZE THE AGRICULTURAL COMMISSIONER TO SIGN ON
BEHALF OF THE COUNTY.
Page 139
May 14, 1996
Mav 14. 1996
96-132 38. 1996-97 Annual Work Plan for Animal Damage Control {ADC) -proposed
is a cooperative agreement, in the amount of $46,620 {County share 58%;
State/Federal share 42%), with the California Department of Food and
Agriculture and Health Services and the Federal Animal Control Program for
the provision of trapper services for depredating wild animals and rabies
control -action requested -APPROVE AGREEMENT AND AUTHORIZE
THE AGRICULTURAL COMMISSIONER TO SIGN ON BEHALF OF
THE COUNTY.
39. Palertr-o Union School District (PUSD) -proposed is a revenue contract with
PUSD for Alcohol, Drug and Mental Health Services' Youth Services staff
to provide counseling and consultation services on site at Helen Wilcox,
Palermo Elementary and at the Oroville Center. The term of the contract
is from July 1, 1995 through June 30, 1996 in the maximum amount of
$37,000 -action requested -APPROVE CONTRACT AND AUTHORIZE
THE CHAIR TO SIGN.
40. CIGNA Group Insurance - in December 1995 the Board approved the
cancellation of the State Disability Insurance (SDI) plan and signed an
application for along-Term/Short-Term disability insurance plan with
CIGNA Group Insurance with an effective date of January 1, 1996. The
master policy from CIGNA has been received which incorporates the
County's qualified leaves of absence and the voluntary furlough program -
action requested -APPROVE MASTER POLICY AND AUTHORIZE THE
CHAIR TO SIGN.
41. Dena Keppen -the County contracts with several therapists for the provision
of physical and occupational therapy services to children eligible for the
California Children Services (CCS) Program. The proposed amendment
reflects the projected utilization of services through June 30, 1996. The
maximum amount payable under the agreement increases from $30,000 to
$35,000 (StatelCounty) (Department budget) -action requested -APPROVE
AMENDMENT TO AGREEMENT AND AUTHORIZE THE CHAIR TO
SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE
AUDITOR-CONTROLLER.
Page 140
May 14, 1996
May 14, 1996
96-132 42. Therapy services -the County contracts with several therapists for the
provision of physical and occupational therapy services to children eligible for
the California Children Services (CCS) Program. This program is mandated
by Health and Safety Code Section 252 and is funded from State funds (50%),
County match funds (25%), and realignment funds (25%). Ageements have
been prepared in the maximum amount payable of $197,000 for the 1996-97
fiscal year with Nancy Agliolo ($23,000), Terri Johnson ($23,000), Dena
Keppen ($38,000), Susan McManus ($42,000), Monica Schwartz ($35,000),
and Teresa Wood-Hansen ($36,000) -action requested -APPROVE
AGREEMENTS AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO
APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-
CONTROLLER.
43. Butte Home Health & Hospice, Inc. and Home Health Care Management,
Inc. -the Early Intervention Project (EIP) provides medical and psychological
assessments to HIV infected persons to prolong their health and productivity.
Proposed are agreements with two home health care agencies, Butte Home
Health & Hospice, Inc. and Home Health Care Management, Inc., for
psychological assessments and case management and transportation services.
These subcontracts, commencing January 1, 199b, through June 30, 1996, in
the maximum amount of $22,000 (100% State), will allow for broad service
delivery to clients throughout the region -action requested -APPROVE
AGREEMENTS AND AUTHORIZE THE CHAIR TO SIGN.
44. Archive Record Systems -proposed is an amendment to the agreement to
provide maintenance for the Welfare Department's confidential client records.
Part of this service is cataloging the records in order to track them for future
delivery, or to destroy inactive closed records. The Department currently has
approximately 55.5 tons of stored records. The amendment extends the
agreement for two years, ending on July 1, 1998 in the maximum amount of
$20,000 for 1996-97 and $25,000 for 1997-98 (85% FederaUState and 15%
County) (Department budget) - action requested - APPROVE
AMENDMENT TO AGREEMENT AND AUTHORIZE THE CHAIR TO
SIGN.
Page 141
May 14,1996
May 14, 1996
96-132 45. Northern Valley Catholic Social Services -proposed is an amendment to the
agreement dated July 1, 1995, for the provision of counseling and evaluation
services to children who are under the jurisdiction of the Welfare
Department. In January the Board approved additional appropriations for
counseling services based upon donations from citizens of Butte County as
County match to receive State funding for Children's Services. The proposed
amendment increases the maximum amount payable by $40,000 for a
maximum of $115,000 {StateJCounty) -action requested -APPROVE
AMENDMENT TO AGREEMENT AND AUTHORIZE THE CHAIR TO
SIGN.
46. Northern Valley Catholic Social Services -Cal-Learn Program -proposed is
an amendment to the agreement dated July 1, 1995, for the provision of
counseling for children's services, which expands the agreement to include the
provision of case management services, and increases the maximum financial
obligation of the County for the term of the agreement (through June 30,
1996) to $190,000 (increase of $25,000) (FederaUState) -action requested -
APPROVE AMENDMENT TO AGREEMENT AND AUTHORIZE THE
CHAIR TO SIGN.
47. Child Welfare Case Management System (CWS/CMS) -the State of
California is in the process of implementing the CWS/CMS project, which
provides the County with a base number of computers (57) and printers (6)
at no County cost, and staffing and training through June 30, 1996 for a total
cost of $97,786 (7.5% or $7,333 County share/Department budget). Board
approval is requested of the first stage installation of equipment, staff training,
and transfer of $7,000 within the current year's budget to upgrade the
electrical panel at #3 County Center Drive, needed in order for the State to
install the computers and printers -action requested -APPROVE PHASE
ONE OF THE CHILD WELFARE CASE MANAGEMENT SYSTEM
(PHASE TWO TO BE REVIEWED IN CONTEXT OF THE 1996-97
BUDGET RECOMMENDATION), AND BUDGET TRANSFER B-177.
48. GAIN Regional Occupational Program -the GAIN Certified Nurse
Assistant/EIome Health Aide Program sponsored for GAIN clients by the
Butte County Office of Education through their Regional Occupational
Program will provide training in the necessary entry-level skills as a Nurse
Assistant/Home Health Aide for 40 GAIN clients (20 per class) during the
period of May 1, 1996 through December 31, 1996. The maximum amount
of the proposed agreement is $55,326 (Federal $27,663/State
$19,364/County $8,299 [Department budget]) - action requested -
APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN.
Page 142 May 14, 1996
Mav 14, 1996
96-132 49. Sacramento Services & Development Corporation -Sacramento Services is
currently on contract with Butte County and eleven other California counties
to distribute food stamps to Federally eligible individuals and households in
the State. As part of this responsibility, the contractor is required to maintain
large inventories of food stamps at their distribution center in Sacramento. It
has become necessary to amend this contract, at no County cost, in order to
provide for the deterrnination of ownership and indemnification of the parties
to the contract in case of loss of food stamps -action requested -APPROVE
AMENDMENT TO AGREEMENT AND AUTHORIZE THE CHAIR TO
SIGN SUBJECT TO APPROVAL OF AUDITOR-CONTROLLER.
50. Califomia Employment Development Department, Labor Market Information
Division -writes requesting County authorization to publish, for statistical
purposes only, employment data for Butte County -action requested -
AUTHORIZE THE AUDITOR-CONTROLLER TO SIGN THE
AUTHORIZATION FORM ON BEHALF OF THE COUNTY.
51. Biennial approval of Local Agency Conflict of Interest Code (Non-Exempt) -
Gridley-Biggs Cemetery District and Richvale Imgation District have
reviewed their Conflict of Interest Codes and determined that their agency's
code is current and in no need of revision. County Counsel has reviewed the
requests and believes that they are proper -action requested -BIENNIAL
APPROVAL OF CONFLICT OF INTEREST CODES.
52. 1996 Califomia State Fair -County exhibit -Board approval is requested for
appointment of the Butte County 4-H Council (Bazbara Meade, 4-H Program
Representative) asofficial representative of the County responsible for the
County exhibit -action requested -APPROVE COUNTIES EXHIBITS
AUTHORIZATION AND APPOINTMENT AND AUTHORIZE THE
CHAIR TO SIGN.
MOTION: I MOVE TO APPROVE THE CONSENT AGENDA WITH THE
REMOVAL OF ITEMS 3.25 AND 3.40.
S M
VOTE: 1 NP 2 Y 3 Y 4 Y S Y (Unanimously Carried)
Page 143
May 14, 1996
May 14, 1996
Regular Agenda
96-133 Presentation of resolution 96-47 honoring Marian L. Hottell on her retirement from
the District Attorney's Family Support Division having served for over 21-1/2 years
by Chair McLaughlin on behalf of the Board.
96-134 Items removed from the Consent Agenda for Board consideration and action.
1. Introduction of a salary ordinance amendment changing the status of an
existing term position of Administrative Analyst I to a regular help allocated
position (Department budget). The Air Quality Management District Board,
at a meeting held on April 18, 1996, approved the request -action requested -
WAIVE READING OF THE ORDINANCE. (NO ACTION TAKEN)
2. 1995-96 California Division of Forestry and Fire Protection cooperative
agreement -proposed is a modification to the 1995-96 cooperative agreement
for fire protection services providing an augmentation of funding in the
amount of $75,000 due to 1) a labor ruling regarding compensation of
division and battalion chiefs; 2} correction of staffing error for the Nord
Fire Station in the final budget; 3) finalization of retirement benefits
for State staff; 4) upgrading of two positions as the result of a labor/out-of-
class assignment issue; and 5) allowing for the normal hiring cycle and staffing
for Fire Fighter I positions at County fire stations as of June 1. Funding
for the augmentation will come out of existing appropriations -action
requested - APPROVE BUDGET TRANSFER B-190 AND
MODIFICATION TO AGREEMENT AND AUTHORIZE THE CHAIR TO
SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE
AUDITOR-CONTROLLER.
MOTION: I MOVE TO APPROVE BUDGET TRANSFER B-190 AND
MODIFICATION TO AGREEMENT AND AUTHORIZE THE
CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY
COUNSEL AND THE AUDITOR-CONTROLLER.
S M
VOTE: 1 NP 2 Y 3 Y 4 Y S Y (Unanimously Carried)
Pagel44
May 14, 1996
May 14, 1996
96-135 Appointments -commissions and committees. (204)
A. Appointments to committee vacancies. (NONE)
B. Butte County Housing Authority Board - action requested -
APPOINT/REAPPOINT ~ TENANT MEMBERS TO TERMS TO
EXPIRE APRIL 21, 1998.
MOTION: I MOVE TO REAPPOINT LENA WHITE TO A TERM TO
EXPIRE APR.II. 21, 1998.
M S
VOTE: 1 NP 2 Y 3 Y 4 Y S Y (Unanimously Carried)
(CONSIDERATION OF APPOIIVTMENT OF THE SECOND TENANT MEMBER
CONTINUED TO BOARD MEETING OF MAY 28, 1996)
96-136 Update on Sacramento legislative and budget activities. (261)
A. Action requested - ADOPT A POSITION IN SUPPORT OF AB 2167
(RICHTER)
MOTION: I MOVE TO ADOPT A POSITION IN SUPPORT OF AB 2167
(RICHTER), AND TO CONVEY THAT MESSAGE TO THE
CALIFORNIA STATE ASSOCIATION OF COUNTIES (CSAC)
AND ASSEMBLYMAN RICHTER.
M S
VOTE: 1 NP 2 Y 3 Y 4 Y S Y (Unanimously Carried)
96-137 Presentation of a certificate to Mick Grey, Sheriff-Coroner awarding atwo-year
accreditation by the California Medical Association for meeting medical standards for
jail health care -action requested -PRESENTATION BY STEPHEN PEARCE,
M.D., PRESIDENT, BUTTE-GLENN MEDICAL SOCIETY. (328)
(PRESENTATION BY DR. STEPHEN PEARCE TO MICK GREY, SHERIFF-
CORONER)
Page 145
May 14, 1996
May 14, 1996
96-138 Resolution Calling an Election Regarding: Initiative Ordinance Amending Butte
County General Plan and Comprehensive Zoning Ordinance; Repealing Agricultural
Protection Zone; and Rezoning U (Unclassified) Zones - on April 9, 1996 the Board
directed staff to prepare a resolution placing the initiative ordinance on the November
1996 ballot -action requested -ADOPT RESOLUTION AND AUTHORIZE THE
CHAIR TO SIGN, AND DIRECT CLERK OF THE BOARD TO TRANSMIT THE
RESOLUTION TO THE BUTTE COUNTY ELECTIONS DEPARTMENT FOR
APPROPRIATE ACTION. (413)
MOTION: I MOVE TO ADOPT RESOLUTION 96-50 AND AUTHORIZE
THE CHAIR TO SIGN, AND DIRECT CLERK OF THE BOARD
TO TRANSMIT THE RESOLUTION TO THE BUTTE COUNTY
ELECTIONS DEPARTMENT FOR APPROPRIATE ACTION.
S M
VOTE: 1 NP 2 Y 3 Y 4 Y S Y (Unanimously Carried)
96-139 Approval of plans and specifications for construction of Jones Avenue bike lane and
road reconstruction - action requested - APPROVAL OF PLANS AND
SPECIFICATIONS; AUTHORIZE CHAIR AND DIRECTOR TO SIGN PLANS;
ADOPT WAGE SCALE; AND AUTHORIZE PUBLIC WORKS TO ADVERTISE
FOR BIDS. (477)
MOTION: I MOVE FOR APPROVAL OF PLANS AND SPECIFICATIONS;
AUTHORIZE CHAIR AND DIRECTOR TO SIGN PLANS;
ADOPT WAGE SCALE; AND AUTHORIZE PUBLIC WORKS TO
ADVERTISE FOR BIDS.
M
VOTE: 1 NP 2 3 4 5 (Motion Dies/lack of second)
(CONTINUED FOR CONSIDERATION TO THE BOARD MEETING OF
NNE 11, 1996)
Page 146
May 14, 1996
May 14. 1996
Public Hearings and Timed Items
96-140 Public hearing -Rev. Mert Thomas -abandonment of a portion of the alley in the El
Medio Subdivision, Unit 1, property located behind the Taylor Memorial C.M.E.
Church, off of B Street, between Lincoln Blvd. and Myers Street, identified as AP
035-101-006, -007, -008, -013, -014, -015 and -017, Oroville -action requested -
ADOPT RESOLUTION APPROVING ABANDONMENT AND AUTHORIZE
THE CHAIR TO SIGN. (FROM 3-26-96) (2211)
MOTION: I MOVE TO ADOPT RESOLUTION 96-51 APPROVING
ABANDONMENT AND AUTHORIZE THE CHAIR TO SIGN.
M S
VOTE: 1 NP 2 Y 3 Y 4 Y S Y (Unanimously Carried)
Page 147
May 14, 1996
May 14, 1996
96-141 Continued hearing -Mark E. Risso on behalf of Richard and Opal Chun -
consideration of an appeal of the Development Review Committee's denial of the
West Walnut Estates tentative subdivision map (item for which negative declaration
with mitigations has been recommended), AP 042-110-021, ten parcels, property
located on the north side of Kennedy Avenue, approximately 1!4 mile east of its
intersection with Meridian Avenue and approximately 700 feet west of Muir Avenue,
Chico area. (FROM 4-23-96) (2301)
MOTION: I MOVE TO FIND THAT THI5 PROJECT IS NOT IN
CONFORMITY WITH THE BUTTE COUNTY GENERAL PLAN
LAND USE ELEMENT AND AGRICULTURAL ELEMENT,
SPECIFICALLY THE GOALS OF MAINTAINING PARCEL
SIZES, AND ENSURING LONG TERM PRESERVATION,
CONSERVATION AND CONTINUITY OF AGRICULTURAL
PRODUCTION IN THE ORCHARD FIELD CROP
DESIGNATION, AND THE POLICY THAT THE PRIMARY
PURPOSE OF THE ORCHARD AND FIELD CROP
DESIGNATION IS FOR AGRICULTURAL PRODUCTION AND
RELATED USES AND THAT RESIDENTIAL USES ARE
SECONDARY USES THAT SHOULD BE PERMITTED ON A
LIMITED BASIS IN ORDER TO ASSIST AND SUPPORT
AGRICULTURE; B. FIND THE PROJECT IS NOT IN
CONFORMITY WITH THE CONDITIONAL DEVELOPMENT
CRITERIA SET FORTH IN THE ORCHARD AND FIELD CROPS
DESIGNATIONS OF THE GENERAL PLAN LAND USE
ELEMENT; C) FIND THIS PROJECT IS INCONSISTENT FOR
THE REASONS SET FORTH IN THE STAFF TO THE
DEVELOPMENT REVIEW COMMITTEE DATED
FEBRUARY 14, 1996; AND D) DENY THE TENTATIVE
SUBDIVISION MAP FOR RICHARD AND OPAL CHUN ON
AP 042-110-021, WEST WALNUT ESTATES.
M S
VOTE: 1 NP 2 Y 3 Y 4 N S Y (Motion Carved)
Page 148
May 14, 1996
May 14. 1996
Reg 1~ eg nda
96-142 Review of County Floodplain Management Progam by the Federal Emergency
Management Agency (FEMA) -consideration of County responses and proposed
modifications to Article IV of Chapter 26 of the Butte County Code, the County's
"Flood Hazard Presentation" ordinance -action requested -BOARD DIRECTION.
(3010) (**00) (BOARD DIRECTION TO PROCEED WITH THE PROPOSED
MODIFIED "FLOOD HAZARD PRESENTATION' ORDINANCE INCREASING
LOCATION OF THE LOWEST FLOOR ONE FOOT OR MORE ABOVE THE
100 YEAR FLOOD ELEVATION)
RECESS: 10:45 A.M.
RECONVENE: 11:05 A.M. (CHAIR McLAUGHLIN NOT PRESENT;
SUPERVISOR HOUX PRESIDING IN THE ABSENCE OF
THE CHAIR AND VICE CHAIR)
Public Hearings and Timed Items
96-143 Public hearing - Jeni Kizziar -consideration of an appeal of the Planning
Commission's approval of the Cal Soccer Club use permit (item on which a negative
declaration regarding environmental impacts has been recommended), to allow afive-
field soccer complex on property zoned R-1 (Residential), property located on the
north side of Sycamore Drive and adjacent to Highway 99, identified as AP 007-
010-037 and 007-420-053, Chico. (325) (***00) (DARING OPENED AND
CONTINUED OPEN TO THE BOARD MEETING OF JUNE 11, 1996 AT
11:00 A.M.)
9b-144 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 149
May 14, 1996
May 14, 1996
96-145 CLOSED SESSION: The Board recessed at 12:30 p.m. to reconvene at 1:30 p.m.
to a closed session conference with legal counsel for actual
litigation pursuant to Government Code Section S49S6.9{a)
(Nilcolauson v. County of Butte, Levy v. Adams, et al., Butte
County Superior Court Case No. 117740, Hamilton v. County
of Butte, Communication Workers of America (CWA) v.
County of Butte, and Turner v. Butte County, et al.), and a
conference with labor negotiator Government Code Section
54957.6 (Agency negotiator: Director-Personnel and
employee organization: Communication Workers of America
[CWA].)
RECONVENE: The Board reconvened at 2:1 S p.m. following a closed session
conference with legal counsel for actual litigation pursuant to
Government Code Section 54956.9(a) (Nikolauson v. County
of Butte, Levy v. Adams, et al., Butte County Superior Court
Case No. 117740, Hamilton v. County of Butte,
Communication Workers of America (CWA) v. County of
Butte, and Turner v. Butte County, et al.), and a conference
with labor negotiator Government Code Section S49S7.6
(Agency negotiator: Director-Personnel and employee
organization: Communication Workers of America [CWA].)
(NO ANNOUNCEMENTS)
Page 1S0
May 14, 199b
May 14. 1996
Communications
96-146 Communications received and referred. (COPIES OF ALL COMMUNICATIONS
ARE AVAILABLE IN THE CLERK OF THE BOARD OFFICE.)
A. Bill Retzer and Richard L. Norlund, Durham -write to the Board requesting
that Use permit No. 95-161 not issue and that uses of the Field of Dreams be
limited to approved residential and agricultural uses, or in the alternative
request that the Board immediately revoke Mr. Gunn's use permit for
violating its terms. (REFER TO COUNTY COUNSEL AND DIRECTOR-
DEVELOPMENT SERVICES)
B. Dean W. Burkett, Soil Survey Project Leader, U. S. Department of
Agriculture (USDA), Natural Resources Conservation Service, Chico Soil
Survey Office -writes that the USDA is currently conducting a Soil Survey
of privately owned land in Butte County. They are trying to formalize the
Memorandum of Understanding (MOU) for Butte County and would like to
give the County the opportunity to comment on the paragraph related to the
possible input that Butte County may be able to provide. (REFER TO
COUNTY COUNSEL, EMERGENCY SERVICES OFFICER, DIRECTOR-
DEVELOPMENT SERVICES, AND DIRECTOR-PUBLIC WORKS)
ADJOURNMENT: There being no further business before the Board, the meeting
was adjourned at 2:15 p.m. to reconvene on Tuesday,
May 28, 1996 at 9:00 a.m..
ATTEST:
JOHN S. BLACKLOCK, Chief Administrative Officer
and Clerk of the Bo of Supervisors
By, ~~
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May 14, 1996