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HomeMy WebLinkAboutM062894~. Call to order - Board of Supervisors room, County Administration Building, 25 County Center Drive, Oroville. Present: Supervisors Meyer, 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 Gene Turner, First Assembly of God, Chico 94-189 Items removed from the Consent Agenda for Board consideration and action. 1. Award of bid - Gridley Fire Station remodel - action requested - AWARD OF BID TO CHARLES CAREY CONSTRUCTION ($79,000 BASE/ALTERNATE 1 - $9,000/ALTERNATE 2 - $7,300/ALTERNATE 4 - $250 IN THE TOTAL AMOUNT OF $95,550), APPROVE BUDGET TRANSFER B-229, AND AUTHORIZE ENCUMBRANCES OF ALL FUNDS INTO 1994-95. 2. Introduction of an ordinance adding Article XVI to Chapter 14 of the Butte County Code establishing a trip reduction program (as part of the County~s Congestion Management Program [CMP]) - Government Code Section 65089.3(a)(2) refers to monitoring of CMP implementation, and requires the adoption of a trip reduction ordinance. This trip reduction ordinance is a voluntary program that only applies to businesses that employ 100 or more employees. The Cities of Chico and Oroville have passed similar ordinances - action requested - WAIVE READING OF THE ORDINANCE. Page 176 June 28, 1994 Consent Agenda 94-190 1. Approval of minutes - action requested - APPROVE MINUTES OF JUNE 14, 1994. 2. Budqet transfers - action requested - APPROVE BUDGET TRANSFERS B-225 (PROBATION), B-226 (LIBRARIES), AND B-228 (PROBATION). 3. County library donations - in accordance with Government Code Section 25355, donations of $650 from Oroville Friends of the Library, $500 from Lois L. Kroh, Loveland, CO, and $100 from Quota Club of Paradise have been received for the Butte County Trust Fund for the purchase of books - action requested - ACCEPT DONATIONS AND AUTHORIZE LETTERS OF APPRECIATION. 4. Supervisor Vivian Meyer - action requested - APPOINT SUPERVISOR MEYER TO THE DATA PROCESSING CONTRACT REVIEW COMMITTEE, MOORETOWN INDIAN RANCHERIA COMMITTEE AND SACRAMENTO VALLEY AIR BASIN CONTROL COUNCIL. 5. Alcohol and Drug Advisory Council - action requested - REAPPOINT JANET TAYLOR AND MARY ANDERSON TO TERMS TO EXPIRE JULY, 1997. 6. Biggs Memorial Hall - action requested - REAPPOINT RAY VALVERDE (VFW-NAVY), NORRIS ANDERSON (U.S. AIR FORCE), ANTONIO AIRISA (U.S. AIR FORCE), ERNEST HOHMAN, JR. (U.S. ARMY), KENNETH JENNINGS (U.S.NAVY), AND APPOINT FRANK MATHAUSER (U.S. ARMY), ALTERNATE, AND JOHN BUSHEYHEAD (U.S. NAVY), ALTERNATE TO TERMS TO EXPIRE JUNE 30, 1995. 7. Gridley Memorial Hall - action requested - REAPPOINT TIM TOKUNO (VFW POST 5731), CHAIRMAN, WILLIAM FARR (VFW POST 5731), RAY L. ROBERTS (NORTH VALLEY SENIOR DANCE CLUB), EUGENE STRAW (GRIDLEY ROTARY CLUB), AND APPOINT MYRON FOUNTAIN (AMERICAN LEGION POST 210) TO TERMS TO EXPIRE JUNE 30, 1994. 8. Rimshew Cemetery District - action requested - REAPPOINT KENNETH C. BROWER, CHARLOTTE ANN HILGEMAN AND HELEN GARTHNER TO TERMS TO EXPIRE JULY, 1998. Paqe 177 June 28, 1994 ~~ ~ June 28, 1994 94-190 9. Neal Road Landfill Company - proposed is a letter proposal for installation of a diesel fuel tank and a waste oil tank and construction of containment facilities at Neal Road Sanitary Landfill pursuant to new regulations which require that containment facilities to prevent leakage onto the ground be provided for above ground fuel tanks - action requested - AUTHORIZE THE DIRECTOR-PUBLIC WORKS TO DIRECT NEAL ROAD LANDFILL COMPANY TO PROCEED WITH THE WORK AT A COST NOT TO EXCEED $40,311.26 (FROM NEAL ROAD LANDFILL MANAGEMENT FUND) WITHOUT PRIOR DEPARTMENT OF PUBLIC WORKS APPROVAL. 10. Proposition 4 Appropriations Limit Calculation for the County of Butte and for special districts under the control of the Board for fiscal year 1994/95 - action requested - ADOPT RESOLUTIONS 94-71 AND 94- 81 AND AUTHORIZE THE CHAIR TO SIGN. li. County Service Area (CSA) Nos. 31 (Biggs Pool), 96 (Silvertree), 98 (Oro Monte Estates), 100 (Holly Gardens), 104 (Black Oaks), and 136 (Webb Homes) - account and/or cash deficiencies make budget transfers and/or additional appropriations necessary - action requested - APPROVE BUDGET TRANSFERS B-227 (CSA 31), (CSA 96), (CSA 98), (CSA 100), (CSA 104), AND (CSA 136), AND ADOPT RESOLUTION 94-72 AUTHORIZING A $415 LOAN TO CSA 98 FROM THE CSA REVOLVING LOAN FUND AND AUTHORIZE THE CHAIR TO SIGN. 12. Payment of time expired warrants - a request has been received for payment of time expired warrants (no. 020544 dated 5-25-89 in the amount of $8.30 and no. 020611 dated 5-25-89 in the amount of $104.20) - action requested - AUTHORIZE THE AUDITOR-CONTROLLER TO REISSUE TIME EXPIRED WARRANTS. 13. Investments information report - the Treasurer-Tax Collector submits the May 31, 1994 report in accordance with the County's Statement of Investment Policy dated June 1, 1993 - action requested - ACCEPT FOR INFORMATION. Page 178 June 28, 1994 i-~ --~ 94-190 14. Adoption of a salary ordinance amendment increasing standby pay for extra help psychiatrists from $35 to $50 per eight hour standby shift (DEPARTMENT BUDGET). The Mental Health Department's 24 hour in-patient facility (Chico) requires professional staffing that exceeds the availability of regular help staff. This compensation is the same as the standby pay that is provided to regular help doctors - action requested - ADOPT ORDINANCE 3139 AND AUTHORIZE THE CHAIR TO SIGN. (FROM 6-14-94) 15. Adoption of a salary ordinance amendment adding one position of Specialist-Public Guardian/Public Administrator and one position of Office Assistant II, I to the Public Guardian Department (DEPARTMENT BUDGET) and approved by the Board at its meeting of January 25, 1994 - action requested - ADOPT ORDINANCE 3140 AND AUTHORIZE THE CHAIR TO SIGN. (FROM 6-14-94) 16. Adoption of a salary ordinance amendment adding one position of Road Maintenance Worker II, I and one position of Tree Trimmer Climber II, I to the Public Works Department due to the inability to maintain an efficient and safe work crew (RESTRICTED FUNDS) - action requested - ADOPT ORDINANCE 3141 AND AUTHORIZE THE CHAIR TO SIGN. (FROM 6-14-94) 17. Adoption of an ordinance establishing speed limits (25 miles per hour) on certain roads within the County of Butte (California Street from Hamilton- Nord-Cana Highway to Taylor Street) - action requested - ADOPT ORDINANCE 3142 AND AUTHORIZE THE CHAIR TO SIGN. (FROM 6-14-94) 18. Resolution in honor of William Cheff, Director- Public Works upon his retirement after 32-1/2 years of service to the County of Butte - action requested - ADOPT RESOLUTION 94-73 AND AUTHORIZE THE CHAIR TO SIGN. 19. Resolution in honor of Everett R. "Pat" Patten, Public works Civil Engineering-supervisor, upon his retirement after 36 years of service to the County of Butte - action requested - ADOPT RESOLUTION 94- 74 AND AUTHORIZE THE CHAIR TO SIGN. 20. Resolution in honor of Wally Herring, Chief Probation Officer, upon his retirement after 23-1/2 years of service to the County of Butte - action requested - ADOPT RESOLUTION 94-75 AND AUTHORIZE THE CHAIR TO SIGN. Page 179 June 28, 1994 i~ ~ June 28. 1994 94-190 21. Resolution declaring a three-way stop (Vehicle Code Section 21354) at the intersection of Midway and Hegan Lane, Chico area - action requested - ADOPT RESOLUTION 94-76 AND AUTHORIZE THE CHAIR TO SIGN. 22. Approval of plans and specifications for construction of Feather Avenue and triple box culvert across Ruddy Creek - Federal bridge replacement project no. BRLO-5912(009) - plans and specifications have been completed for the project - action requested - APPROVE PLANS AND SPECIFICATIONS; AUTHORIZE CHAIR AND DIRECTOR TO SIGN; ADOPT WAGE SCALE; AND SET BID OPENING AT 11:00 A.M., PUBLIC WORKS OFFICE, JULY 20, 1994. 23. Approval of plans and specifications for construction of traffic signal installation at intersection of State Highway 32 and East Avenue, County contract no. 56171-92-1 - 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 SET BID OPENING AT 11:00 A.M., PUBLIC WORKS OFFICE, JULY 20, 1994. 24. 1994/95 Annual Work Plan for Animal Damage Control (ADC) - the proposed agreement with the State Department of Food and Agriculture, the State Department of Health Services, and the Federal Animal Damage Control Program in the amount of $24,828 provides trapper services for depredating wild animals and rabies control, including trapping of skunks. The County share is approximately 58$ of the total cost per staff month. ADC will provide all program supervision, administration and equipment - action requested - APPROVE AGREEMENT AND AUTHORIZE THE AGRICULTURAL COMMISSIONER TO SIGN. 25. 1994/95 Pesticide Use Enforcement contract (no. 94PR13) - proposed is a contract with the California Department of Pesticide Regulation which provides funding of $32,725 to perform enforcement of pesticide permit regulations commencing July 1, 1994 through June 30, 1995 - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. Page 180 June 28, 1994 94-190 26. 1994/95 Weights and Measures Petroleum agreement (no. P-569004) - proposed is an agreement to augment, improve and maintain a uniform and visible inspection program of establishments selling or distributing petroleum products. The County will be reimbursed $72 per initial inspection conducted not to exceed $7,776 - action requested - APPROVE AGREEMENT AND AUTHORIZE THE DIRECTOR-WEIGHTS AND MEASURES TO SIGN. 27. State Department of Water Resources (DWR)/County of Butte - proposed is an agreement for 2$ of funds received by DWR from certain water sales in Butte County during 1994 be paid to Butte County. All moneys received are to be used for water related purposes, as they have in the past - action requested - ADOPT RESOLUTION 94-77 APPROVING THE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. 28. Richardson Springs Wastewater Improvement Project - proposed is an agreement for full and complete transfer of control and responsibility for the Richardson Springs Wastewater Improvement Project from the County of Butte/County Service Area 130 to the Richardson Springs Community Services District - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. 29. 1994/95 California Youth Authority (CYA) contract - the proposed agreement implements Sections 704 and 1731.6 of the Welfare and Institutions Code for case referrals to the CYA from the Juvenile or Criminal Courts for diagnostic and treatment services and temporary detention. The rate established for fiscal year 1994/95 is $3,360 per month - action requested - ADOPT RESOLUTION 94-78 AUTHORIZING THE CHIEF PROBATION OFFICER TO SIGN AGREEMENT FOR DIAGNOSTIC STUDIES (JUVENILE/CRIMINAL) IN THE DEPARTMENT OF THE YOUTH AUTHORITY AND AUTHORIZE THE CHAIR TO SIGN. 30. 1994/95 Butte County Victim/Witness Assistance Program - proposed is an agreement for $96,115 (100$ STATE) in joint powers money with the State Board of Control for the Victim/Witness Assistance Program for the verification of victim claims - action requested - ADOPT RESOLUTION 94-79 AUTHORIZING THE CHIEF PROBATION OFFICER TO SIGN THE AGREEMENT ON BEHALF OF THE COUNTY AND AUTHORIZE THE CHAIR TO SIGN. Page 181 June 28, 1994 June 28. 1994 94-190 31. 1994/95 United States Plumas National Forest cooperative law enforcement agreement - proposed is an agreement in the amount of $50,000 which allows for reimbursement for expenses incurred which are associated with the detection and activities related to the illegal production and trafficking of marijuana. No County match is required - action requested - APPROVE AGREEMENT AND AUTHORIZE THE SHERIFF-CORONER TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. 32. 1994/95 United States Lassen National Forest cooperative law enforcement agreement - proposed is an agreement in the amount of $15,000 which allows for reimbursement for expenses incurred which are associated with the detection and activities related to the illegal production and trafficking of marijuana. No County match is required -action requested - APPROVE AGREEMENT AND AUTHORIZE THE SHERIFF-CORONER TO SIGN THE UNITED STATES LASSEN NATIONAL FOREST OPERATING AND FINANCIAL PLAN. 33. United States Plumas National Forest "South County Mountain Patrol" agreement - proposed is an agreement for continued funding which allows for reimbursement for deputy patrol wages for vehicular patrol of the Plumas National Forest campground areas (Feather Falls Trailhead and Sly Creek Recreation Area). The term of the agreement is from May 27, 1994 through June 30, 1994 in the amount of $5,000. No County match is required - action requested - APPROVE AGREEMENT AND AUTHORIZE THE SHERIFF-CORONER TO SIGN THE UNITED STATES LASSEN NATIONAL FOREST OPERATING AND FINANCIAL PLAN. 34. Department of Water Resources - proposed is an agreement (no. B-59593) for continued funding for fiscal years 1994-95, 1995-96 and 1996-97. The three year agreement will provide for law and boating safety enforcement and vehicular patrol of the Thermalito Afterbay through June 30, 1997. The total amount of the agreement shall not exceed $219,680. No County match is required - action requested - APPROVE AGREEMENT AND AUTHORIZE THE SHERIFF-CORONER TO SIGN. Page 182 June 28, 1994 94-190 35. County of Butte/Butte County Economic Development Corporation - proposed is an agreement in the maximum amount of $13,000 (TRANSIENT OCCUPANCY TAX} for the purpose of promoting tourism and the production of a study to determine the feasibility of forming a regional association for the promotion of tourism. The agreement is in accordance with Board direction on April 26, 1994 - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. 36. Catalyst Women's Advocate, Inc. - proposed is a contract for the provision of a Domestic Violence Program commencing July 1, 1994 through June 30, 1995 in the maximum amount of $28,800 (Domestic Violence Trust Fund) - action requested - APPROVE CONTRACT AND AUTHORIZE THE CHAIR TO SIGN. 37. 1994/95 partner agencies collaboration for Welfare Department children's services - 100$ funding from school districts and other partner agencies for counseling services - action requested: 1. Butte County Department of Mental Health - Alcohol and Drug Services - commencing July 1, 1994 to June 30, 1995 in the maximum amount of $57,000. 2. Butte County Office of Education - commencing July 1, 1994 to June 30, 1995 in the maximum amount of $127,000. 3. Chico Unified School District - commencing July 1, 1994 to June 30, 1995 in the maximum amount of $80,000. 4. Chico Unified School District - commencing July 1, 1994 to June 30, 1995 in the maximum amount of $186,000. 5. Oroville Elementary School District - commencing July 1, 1994 to June 30, 1995 in the maximum amount of $32,000. 6. Oroville Elementary School District - commencing July 1, 1994 to June 30, 1995 in the maximum amount of $66,000. 7. Palermo Union School District - commencing July 1, 1994 to June 30, 1995 in the maximum amount of $37,000. Page 183 June 28, 1994 94-190 June 28, 1994 37. 8. Paradise Unified School District - commencing July 1, 1994 to June 30, 1995 in the maximum amount of $94,314. 9. Parent Education Network (PEN) - commencing July 1, 1994 to June 30, 1995 in the maximum amount of $240,900. 10. Parent Education Network (PEN) - commencing July 1, 1994 to June 30, 1995 in the maximum amount of $27,000. 38. County of Butte v. Federal Express Corporation - on February 27, 1992 the Sheriffs Department hired Federal Express to ship a photo processor unit. The package, which was insured up to $5,000, arrived at the intended destination severely damaged. The cost to repair the photo processor was estimated at $3,800 - action requested - BOARD AUTHORIZATION TO COUNTY COUNSEL TO PURSUE ALL LEGAL REMEDIES THE COUNTY HAS AGAINST FEDERAL EXPRESS CORPORATION. MOTION: I MOVE TO APPROVE THE CONSENT AGENDA WITH REMOVAL OF ITEM 3.15. S M VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) MOTION: I MOVE TO AMEND THE MOTION AND APPROVE THE CONSENT AGENDA WITH REMOVAL OF ITEMS 3.09 AND 3.15. S M VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) Regular Agenda 94-191 Appointments - commissions and committees. 1. Appointments to committee vacancies. (NONE) 2. City of Chico Bicycle Advisory Committee - action requested - REQUEST FOR APPOINTMENT OF A REPRESENTATIVE. (NO ACTION TAKEN/CONTINUED TO JULY 26, 1994) Page 184 June 28, 1994 94-192 Presentations: 1. In honor of William Cheff, Director-Public Works upon his retirement after 32-1/2 years of County service. (98) (CHAIR McLAUGHLIN, ON BEHALF OF THE BOARD OF SUPERVISORS, PRESENTED A PLAQUE TO BILL CHEFF IN HONOR OF HIS 32-1/2 YEARS OF COUNTY SERVICE) 2. Wally Herrinq, Chief Probation Officer upon his retirement after 23-1/2 years of County service. (MR. HERRING NOT PRESENT) (THE CHAIR RECOGNIZED NINA DENTON UPON HER RETIREMENT FROM THE CLERK OF THE BOARD OFFICE ON JULY 22, 1994 AND INTRODUCED JODI GRAHAM, A NEW ADMINISTRATIVE OFFICE EMPIAYEE) 94-193 Report to Board - bid opening for reconstruction of 12th Street from State Highway 162 to Grand Avenue, County project no. 26451-92-1 - action requested - AWARD CONTRACT TO LOW BIDDER, BALDWIN CONTRACTING CO., INC. IN THE AMOUNT OF $412,960. (FROM 6-14-94) MOTION: I MOVE THAT THE NEED TO TAKE ACTION ON THIS ITEM CAME TO THE ATTENTION OF THE BOARD AFTER THE AGENDA WAS POSTED. M S VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) MOTION: I MOVE TO AWARD THE CONTRACT TO LOW BIDDER, BALDWIN CONTRACTING CO., INC. IN THE AMOUNT OF $412,960. S M VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) 94-194 Report to Board - bid opening for reconstruction of Neal Road from State Highway 99 to 3.0 miles northeasterly - County contract no. 46312-92-1 - action requested - AWARD CONTRACT TO LOW BIDDER, BALDWIN CONTRACTING CO., INC., IN THE AMOUNT OF $768,042. MOTION: I MOVE TO AWARD THE BALDWIN CONTRACTING OF $?68,042. S VOTE: l Y 2 Y 3 Y 4 Y Page 185 CONTRACT TO LOW BIDDER, CO., INC., IN THE AMOUNT M 5 Y (Unanimously Carried) June 28, 1994 June 28, 1994 94-195 Report to Board - bid opening for widening culverts and shoulders on various Butte County roads, hazard elimination project STPLH-5912(007). The low bidder was not able to fulfill the disadvantaged business enterprises goal of 10$ or show good faith effort as required in accordance with contract specifications. Therefore, his bid was determined to be nonresponsive - action requested - AWARD CONTRACT TO SECOND LOW BIDDER HILL CONSTRUCTION, YUBA CITY IN THE AMOUNT OF $331,469, SUBJECT TO CALTRANS AND FHWA APPROVAL. (330) MOTION: I MOVE TO AWARD THE CONTRACT TO SECOND LOW BIDDER HILL CONSTRUCTION, YUBA CITY IN THE AMOUNT OF $331,469, SUBJECT TO CALTRANS AND FHWA APPROVAL. S M VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) 94-196 Managed Care Medi-Cal Consolidation presentation - the State Department of Health Services and Mental Health Services are proposing a merge of Fee-for-Service Medi- cal and Short-Doyle/Medi-Cal systems for Inpatient Mental Health Services on October 1, 1994, and Outpatient on July 1, 1995 - action requested - BOARD AUTHORIZATION TO SEND A LETTER OF INTENT TO THE STATE DEPARTMENT OF MENTAL HEALTH THAT BUTTE COUNTY WILL PARTICIPATE IN THE MERGE OF THESE TWO MEDI-CAL SYSTEMS. (422) MOTION: I MOVE TO APPROVE THE SENDING OF A LETTER OF INTENT TO THE STATE DEPARTMENT OF MENTAL HEALTH THAT BUTTE COUNTY WILL PARTICIPATE IN THE MERGE OF THESE TWO MEDI-CAL SYSTEMS, AND AUTHORIZE THE DIRECTOR-MENTAL HEALTH TO ENGAGE IN THE PLANNING, AND IN PARTICULAR, TRY TO WORK OUT SOMETHING FOR CRISIS RESIDENTIAL CARE FOR CHILDREN. M S VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) 94-197 Proposed budget recommendations fiscal year 1994-95 - action requested: (640) 1. ADOPT THE PROPOSED BUDGET FOR FISCAL YEAR 1994-95 AS THE AUTHORITY FOR EXPENDITURES DURING PREPARATION OF THE FINAL BUDGET FOR FISCAL YEAR 1994-95 AND AS THE BASIS FOR FINAL BUDGET HEARINGS. Page 186 June 28, 1994 94-197 2. APPROVE THE PURCHASE OF THE FOLLOWING FIXED ASSETS PRIOR TO ADOPTION OF THE FINAL BUDGET PURSUANT TO GOVERNMENT CODE SECTION 29124: A. ALL FIXED ASSETS RECOMMENDED WITHIN PUBLIC WORKS BUDGET NOS. 530.002, 530.004, 530.005, 530.018 AND 531.002. B. ALL FIXED ASSETS WITHIN PUBLIC GUARDIAN BUDGET NO. 500. C. ALL FIXED ASSETS WITHIN ADMINISTRATIVE OFFICE BUDGET NO. 020.001. D. ALL FIXED ASSETS WITHIN FIRE-REGULAR BUDGET NO. 450.001, FUNDED BY CAL-EPA GRANT. 3. SET AUGUST 9, 1994 AT 9:00 A.M. FOR THE OPENING OF THE PUBLIC HEARING ON THE PROPOSED BUDGET AND DIRECT THE CLERK OF THE BOARD TO PUBLISH NOTICE OF SAID HEARING PURSUANT TO GOVERNMENT CODE SECTION 29066. 4. Introduction of a salary ordinance amendment which reflects critical position allocation changes that are required to be implemented prior to the adoption of the final budget - action requested - WAIVE READING OF THE ORDINANCE. 5. Court staffing bill (SB 1861 [Judiciary Committee]) - action requested - ADOPT RESOLUTION REFLECTING PROPOSED SOUTH COUNTY MUNICIPAL COURT STAFFING AND AUTHORIZE THE CHAIR TO SIGN. 6. Federal Police Hiring Supplement Program - the award provides for up to $375,000 for deputy wages and fringe benefits over a three year period. Total cost of the program is estimated at over $940,000, of which the County's share would be $594,000. There are also in-kind costs for which no estimates are available - action requested - DELAY ACCEPTANCE OF GRANT AWARD PENDING IDENTIFICATION OF MATCHING FUND SOURCE DURING FINAL BUDGET PROCEEDINGS. MOTION: I MOVE TO APPROVE ACTIONS AS REQUESTED ON NUMBERS 1., 2.A., 2.B., 2.C., 2.D., 3., 4., 5. ADOPT RESOLUTION 94-80 REFLECTING PROPOSED SOUTH COUNTY MUNICIPAL COURT STAFFING AND AUTHORIZE THE CHAIR TO SIGN., AND 6. M S VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) 94-198 Update on Sacramento legislative and budget activities. (INCLUDED WITHIN PROPOSED BUDGET RECOMMENDATIONS FISCAL YEAR 1994-95 INTRODUCTION) Page 187 June 28, 1994 RECESS: 9:52 A.M. RECONVENE: 10:08 A.M. Public Hearings and Timed Items 94-199 Continued hearing - Robert Taylor, Stringtown Mountain Specific Plan - consideration of General Plan Amendment from Agricultural Residential to Low and Medium Density Residential, Foothill Area Residential and Commercial and rezone (draft environmental impact report has been prepared) from FR-10 (Foothill Recreational - 10 acre parcels) to C-2 (General Commercial), R-C (Resource Conservation), R-1 (Residential), R-2 (Residential) and P-Q (Public - Quasi-/Public), and approval of a Specific Plan for property located on the north side of Forbestown Road, east of Olive Highway, identified as AP 072-180- 016, 017, 026, 027, 028, 029, 030, 072-190-005, 007, 013, 014 and 025, Oroville. (FROM 5-24-94) (1497) (**00) (HEARING CONTINUED OPEN TO AUGUST 23, 1994 AT 10:00 A.M./APPLICANT TO FURNISH PROJECT FEASIBILITY STUDY) RECESS: 11:15 A.M. RECONVENE: 11:27 A.M. 94-200 Public hearing - Tom Lampkin and Courtney J. Casey - consideration of an appeal of the Development Review Committee's approval of the Butte Creekside (John McAmis), also known as Butte Creek Bluffs, tentative subdivision map (environmental impact report certified by the Development Review Committee on May 16, 1994), AP 011-070-064, fourteen lots plus common area for sewage disposal, property located on the southerly side of Honey Run Road approximately 1.3 miles southwesterly of Honey Run Bridge, Butte Creek Canyon area. (600) (***00) RECESS: 12:50 P.M. RECONVENE: 2:10 P.M. Page 188 June 28, 1994 June 28. 1994 94-200 Continued hearing - Tom Lampkin and Courtney J. Casey - consideration of an appeal of the Development Review Committee's approval of the Butte Creekside (John McAmis), also known as Butte Creek Bluffs, tentative subdivision map (environmental impact report certified by the Development Review Committee on May 16, 1994), AP 011-070-064, fourteen lots plus common area for sewage disposal, property located on the southerly side of Honey Run Road approximately 1.3 miles southwesterly of Honey Run Bridge, Butte Creek Canyon area. (PUBLIC HEARING CLOSED) (600) (***00) MOTION: I MOVE TO DENY THE APPEAL. S M VOTE: 1 N 2 N 3 N 4 Y 5 Y {Motion Failed) MOTION: I MOVE FOR A MOTION OF INTENT TO UPHOLD THE APPEAL AND DENY THE PROJECT, THAT APPLICANT HAVE THE OPPORTUNITY TO COME BACK WITH A NEW AND MUCH SMALLER PLAN, AND THAT THOSE WHO WOULD BAR ANY DEVELOPMENT HERE WORK OUT A PLAN TO PURCHASE THE PROPERTY. S M VOTE: l Y 2 Y 3 Y 4 N 5 N (Motion Carried) 94-201 Air Pollution Control District Recess at 3:10 p.m. as Board of Supervisors and convene as the Air Pollution Control District Board of Directors. Present: Directors Meyer, Dolan, Houx, Thomas and Chair McLaughlin. (2430) (****00) 1. Approval of minutes - action requested - APPROVE MINUTES OF APRIL 26, 1994. MOTION: I MOVE TO APPROVE THE MINUTES OF APRIL 26, 1994. M S VOTE: l Y 2 Y 3 Y 4 Y 5 Y {Unanimously Carried) 2. Discussion of implementation of AB 75 - Air Pollution Control District (APCD) Governing Board - action requested: A. APPROVE MEMORANDUM OF UNDERSTANDING (MOU)/COMPOSITION OF THE GOVERNING BOARD OF THE BUTTE COUNTY AIR POLLUTION CONTROL DISTRICT - the newly constituted APCD governing body consists of five members of the Board of Supervisors and three city council members/mayors - action requested - APPROVE MOU AND AUTHORIZE THE CHAIR TO SIGN. Page 189 June 28, 1994 94-201 MOTION: I MOVE TO ADOPT THE "CHICO" PLAN OF HAVING FIVE BOARD MEMBERS/FOUR CITY PEOPLE. M VOTE: 1 2 3 4 5 (Dies/lack of second) (NO ACTION TAKEN) B. MOVE APCD GOVERNING BOARD MEETING TO AN AS NEEDED BASIS BEFORE THE BUTTE COUNTY ASSOCIATION OF GOVERNMENTS ( BCAG) MEETINGS COMMENCING AT 9:00 A. M. MOTION: I MOVE TO MOVE THE APCD GOVERNING BOARD MEETING TO AN AS NEEDED BASIS BEFORE THE BUTTE COUNTY ASSOCIATION OF GOVERNMENTS (BCAG) MEETINGS COMMENCING AT 9:00 A.M. S M VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) Adjourn at 3:28 p.m. as the Air Pollution Control District Board of Directors and reconvene as the Board of Supervisors. 94-202 Introduction of a salary ordinance amendment adding 30 positions to the Welfare Department as follows: One Revenue and Reimbursement Officer I, two Office Assistant III, II, I, three Senior Account Clerk or Account Clerk to the Administration budget unit, and three Eligibility Supervisor I, three Eligibility Worker III, seventeen Eligibility Worker II, Z and one Account Clerk or Office Assistant II, I to Eligibility budget unit as part of the 1994-95 budget (STATE/FEDERAL/COUNTY) - action requested - WAIVE READING OF THE ORDINANCE. (FROM 6-14- 94} (70) MOTION: I MOVE TO WAIVE READING OF THE ORDINANCE AND REQUEST INTERIM PROGRESS REPORTS TO THE BOARD AFTER SIX MONTHS AND AGAIN AT TWELVE MONTHS. S M VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) Page 190 June 28, 1994 94-203 County Service Area (CSA) 114 - discussion regarding the property tax assessment on properties within CSA 114 which are hooked up to city sewer and have a permanent solution for drainage - action requested - ESTABLISH TWO ZONES OF BENEFIT FOR CSA 114 WITH ZONE 2 TO INCLUDE ALL PARCELS THAT ARE SEWERED AND HAVE A PERMANENT SOLUTION FOR DRAINAGE WITH ZONE 2 NOT CARRYING AN ASSESSMENT. (730) MOTION: I MOVE TO ESTABLISH TWO ZONES OF BENEFIT FOR CSA 114 WITH ZONE 2 TO INCLUDE ALL PARCELS THAT ARE SEWERED AND HAVE A PERMANENT SOLUTION FOR DRAINAGE WITH ZONE 2 NOT CARRYING AN ASSESSMENT . S M VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) 94-204 Introduction of an ordinance amending Section 15-2.1 of Chapter 15, "Offenses-Miscellaneous" of the Butte County Code, defining terms, creating offenses for minors, parents and guardians of minors, and business establishments violating curfew regulations, providing defenses, and providing for enforcement and penalties, and repealing Sections 15-2.2, 15-2.3, 15-3, 15-4 and 15- 5 of said Chapter 15. This ordinance has been drafted at the request of the Sheriff and in coordination with the District Attorney - action requested - WAIVE READING OF THE ORDINANCE. (964) MOTION: I MOVE TO WAIVE READING OF THE ORDINANCE. M S VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) 94-205 Items removed from the Consent Agenda for Board consideration and action. 1. Award of bid - Gridley Fire Station remodel - action requested - AWARD OF BID TO CHARLES CAREY CONSTRUCTION ($79,000 BASE/ALTERNATE 1 - $9,000/ALTERNATE 2 - $7,300/ALTERNATE 4 - $250 IN THE TOTAL AMOUNT OF $95,550), APPROVE BUDGET TRANSFER B-229, AND AUTHORIZE ENCUMBRANCES OF ALL FUNDS INTO 1994-95. (1280) MOTION: I MOVE TO AWARD BID TO CHARLES CAREY CONSTRUCTION, OROVILLE ($79,000 BASE/ALTERNATE 1 - $9,000/ALTERNATE 2 - $7,300/ALTERNATE 4 - $250 IN THE TOTAL AMOUNT OF $95,550}, APPROVE BUDGET TRANSFER B-229, AND AUTHORIZE ENCUMBRANCES OF AI~I, FUNDS INTO 1994-95. S M VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried} Page 191 June 28, 1994 94-205 2. Introduction of an ordinance adding Article XVI to Chapter 14 of the Butte County Code establishing a trip reduction program (as part of the County's Congestion Management Program [CMP]) - Government Code Section 65089.3(a)(2) refers to monitoring of CMP implementation, and requires the adoption of a trip reduction ordinance. This trip reduction ordinance is a voluntary program that only applies to businesses that employ 100 or more employees. The Cities of Chico and Oroville have passed similar ordinances - action requested - WAIVE READING OF THE ORDINANCE. (1405) MOTION: I MOVE TO WAIVE READING OF THE ORDINANCE. S M VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) 94-206 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.) (1472) (NONE) 94-207 CLOSED SESSION: The Board recessed at 4:20 p.m. to a closed session for consideration of public employee appointment(s) pursuant to Government Code Section 54957 (Director-Public Works, Director-Personnel and Interim Director-Public Works), and a conference with labor negotiator Bill Avery pursuant to Government Code Section 54957.6. RECONVENE: The Board reconvened at 5:18 p.m. following a closed session for consideration of public employee appointment(s) pursuant to Government Code Section 54957 (Director-Public Works, Director-Personnel and Interim Director-Public Works), and a conference with labor negotiator Bill Avery pursuant to Government Code Section 54957.6. ANNOUNCEMENT: Interim Director-Public Works - the Chief Administrative Officer is recommending to the Board the appointment of Ron McElroy as the Interim Director-Public Works at the current Director-Public Works salary. MOTION: I MOVE FOR ACTION S M VOTE: l Y 2 Y 3 Y 4 Y Page 192 AS RECOMMENDED. 5 Y (Unanimously Carried) June 28, 1994 94-208 Communications Communications received and referred. (COPIES OF ALL COMMUNICATIONS ARE AVAILABLE IN THE CLERK OF THE BOARD OFFICE.) a. Larry R. Duncan, Paradise - notifies the Board that he does not desire to serve another four year term on the Paradise Cemetery District. (REFER TO CLERK OF THE BOARD) b. Mark E. Risso, A & Q Engineering, Chico - submits a request on behalf of applicant Mr. Chun for a hearing before the Board of Supervisors to direct staff to reconsider his application for subdivision (West Walnut Estates). (REFER TO COUNTY COUNSEL) c. Tim Leslie, Senator, First District - responds to a recent letter from the Chief Administrative Officer apprising him of Butte County's continuing efforts to achieve a fiscal balance in the face of unprecedented demand, and states he shares Buttes concern about the final resolution of this year's budget and its potential impact on the County. (ACCEPT FOR INFORMATION) d. Fred C. Davis, Chair, Magalia Ridge Municipal Advisory Council - submits his resignation from the Council, effective with the receipt of his letter, and notifies the Board he will not be available for the Butte County Citizens Committee. (REFER TO CLERK OF THE BOARD) e. G. Douglas Day, Program Director, Mediation Center of the North Valley - submits the Butte County Small Claims Court Advisor Service Operational Report - 1993. (REFER TO CHIEF ADMINISTRATIVE OFFICER AND COUNTY COUNSEL) f. Robert G. Boehm, Chico City Attorney - forwards to the Board a copy of a proposed Memorandum of Understanding (MOU) which addresses the composition of the governing board of the Butte County Air Pollution Control District. (REFER TO CHIEF ADMINISTRATIVE OFFICER AND COUNTY COUNSEL) Page 193 June 28, 1994 June 28. 1994 RECESS: The meeting was recessed at 5:20 p.m. to reconvene on Tuesday, July 19, 1994 at 9:45 a.m. for consideration of public employee appointment(s) pursuant to Government Code Section 54957 (Director-Public Works and Director-Personnel). ED McLAUGIiLIM, air Butte County Bo d of Supervisors ATTEST: JOHIJ S. BLACKIAC Chief Administrative Officer and Clerk of t Board of Supervisors By: Page 194 June 28, 1994