HomeMy WebLinkAboutM070897MINUTES
DOARD OF SUPERVISORS
R.J. BEELER,1st District
JANE DOLAN, 2nd District
MARY ANNE HOUX 3rd District
CURT JOSIASSEN, 4th District
FRED C. DAMS, 5th District
July 8, 1997
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 Carol Roach, Assistant Clerk of the Board.
Pledge of allegiance to the Flag of the United States of
America.
Invocation - Pastor Albert Beierle, Seventh Day Adventist
Church, Oroville.
97-221 Items removed from the Consent Agenda for Board
consideration and action.
1. Town of Paradise - proposed is a property tax
exchange agreement for the reorganization - Town of
ParadiselParadise Irrigation District - Lovett Lane
Annexation District No. 1 (LAFCo 97-11} - action
requested - ADOPT RESOLUTION APPROVING AGREEMENT
AND AUTHORIZE THE CHAIR TO SIGN.
2. Assignment of counsel - County Counsel proposes the
assignment of Ritlaw v. Butte County to Gregory P.
Einhorn, Esq. - action requested - APPROVE
ASSIGNMENT OF COUNSEL.
3. G. Douglas Day, Attorney at Law - proposed is an
agreement for the provision of a small claims
advisor service commencing July 1, 1997 through
June 30, 1998 in the maximum amount of $1,291.67
per month (Department budget) - action requested -
APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN.
(Contract no. X10601)
Page 264
July 8, 1997
July 8, 1997
97-222 1. Approval of minutes - action requested - APPROVE
MINUTES OF JUNE 24, 1997.
2. Abandonment of a public right-of-way, Palermo
area - proposed is the abandonment of a public
right-of-way in the Palermo area, the portion of
Hewitt Avenue lying between South Villa Avenue and
Ludlum Avenue - action requested - ADOPT RESOLUTION
97-82 SETTING A PUBLIC HEARING FOR TUESDAY,
AUGUST 12, 1997 AT 10:30 A.M.
3. Resolution Directing Commencement of Procedures to
Impose New Service Charges in County Service Area
169 (Pheasant Landing) and Setting Public Hearing
to Consider Levying Such Charges for Fiscal Year
1997-98 and Future Years - action requested -
ADOPT RESOLUTION 97-83 SETTING A PUBLIC HEARING ON
TUESDAY, AUGUST 26, 1997 AT 10:00 A.M. AND
AUTHORIZE THE CHAIR TO SIGN.
4. County Library donations - in accordance with
Government Code Section 25355, a donation of
$1,539.21 has been received from the Chico Friends
of the Library for the Butte County Trust Fund for
the purchase of books - action requested - ACCEPT
DONATION AND AUTHORIZE LETTER OF APPRECIATION.
5. Paradise Memorial Hall - action requested -
REAPPOINT ROBERT L. EASLEY, JR., DELEGATE (NORTH
VALLEY DETACHMENT, MARINE CORPS LEAGUE}, JAMES T.
HAYES, ALTERNATE (NORTH VALLEY DETACHMENT, MARINE
CORPS LEAGUE), HARRY HUDSON, DELEGATE (CALIFORNIA
VETERANS SQUARE DANCE ASSOCIATION}, AND EDWARD
WHITE, ALTERNATE (CALIFORNIA VETERANS SQUARE DANCE
ASSOCIATION) TO TERMS TO EXPIRE JUNE 30, 1998.
Page 265
July 8, 1997
July 8, 1997
97-222 6. Drescher Tract Road Assessment District - on
February 25, 1997 the Board approved the
appointment of Robert Brunsell and the firm of
Sturgis, Ness, Brunsell and Assaf, as Bond Counsel,
with the duty to prepare all necessary documents
for the formation of the Drescher Tract Assessment
District at no cost to the County. Brunsell and
NorthStar Engineering have prepared the necessary
documents to start the formation of the Assessment
District, and have requested Board approval. The
intent of the District is to improve Drescher Tract
Road to County standards, allowing it to be taken
into the County Maintained Road System. The total
cost of the improvements is to be paid by the land
owners within the District - action requested -
NOTE THE PETITION, CERTIFICATE RE-PETITION AND
BOUNDARY MAP FOR FORMATION OF THIS ASSESSMENT
DISTRICT HAVE BEEN FILED WITH THE CLERK OF THE
BOARD OF SUPERVISORS; AND A) ADOPT RESOLUTION 97-
84 ACCEPTING PETITION-DRESCHER TRACT ASSESSMENT
DISTRICT; B) ADOPT RESOLUTION 97-85 APPROVING
BOUNDARY MAP-DRESCHER TRACT ASSESSMENT DISTRICT;
C) SUBJECT TO COUNTY COUNSEL APPROVAL, ADOPT
RESOLUTION 97-86 APPROVING AGREEMENT FOR LEGAL
SERVICES-DRESCHER TRACT ASSESSMENT DISTRICT;
D) SUBJECT TO COUNTY COUNSEL APPROVAL, ADOPT
RESOLUTION 97-87 APPROVING AGREEMENT FOR
ENGINEERING SERVICES-DRESCHER TRACT ASSESSMENT
DISTRICT; AND E) ADOPT RESOLUTION 97-88 OF
INTENTION TO ORDER IMPROVEMENT IN DRESCHER TRACT
ASSESSMENT DISTRICT.
7. Humber Realty, Sands Apartments, Chico - the
County's sewerage ordinance provides for abatement
of sewage emergencies by locating sewage system
repairs upon adjacent property easements. The
offer of a development exclusion easement notifies
future property owners and will be rescinded when
public sewer becomes available - action requested -
ACCEPT THE NEW DEVELOPMENT CONSTRUCTION EASEMENT
FOR THE SANDS APARTMENTS TO BE RESCINDED WHEN
PUBLIC SEWER BECOMES AVAILABLE, AND AUTHORIZE THE
CHAIR TO SIGN THE GRANT DEED CERTIFICATE OF
ACCEPTANCE.
Page 266
July 8, 1997
July 8, 1997
97-222 8. Rice Bowl Restaurant, Chico - the County's sewerage
ordinance provides for abatement of sewage
emergencies by locating sewage system repairs upon
adjacent property easements. The offer of a
development exclusion easement notifies future
property owners and will be rescinded when public
sewer becomes available - action requested - ACCEPT
THE NEW DEVELOPMENT CONSTRUCTION EASEMENT FOR THE
RICE BOWL RESTAURANT TO BE RESCINDED WHEN PUBLIC
SEWER BECOMES AVAILABLE, AND AUTHORIZE THE CHAIR TO
SIGN THE GRANT DEED CERTIFICATE OF ACCEPTANCE.
9. Notice of Completion of Phase II Construction,
Septage Pond No. 2, Neal Road Landfill, County
Project No. 758-96-1 - all contract work has been
completed in accordance with the plans and
specifications - action requested - ACCEPT CONTRACT
WORK, AUTHORIZE CHAIR TO SIGN THE NOTICE OF
COMPLETION, AND AUTHORIZE THE RECORDING OF THE
NOTICE OF COMPLETION.
10. Upper Ridge Sheriff's Substation - plans and
specifications and set bid opening (Bid No. 02-
98) - plans and specifications have been prepared
for an approximately 1,200 square foot addition to
the existing Sheriff's Substation on the Upper
Ridge - action requested - APPROVE PLANS AND
SPECIFICATIONS AND SET BID OPENING FOR JULY 31,
1997 AT 2:30 P.M. IN THE PURCHASING OFFICE.
11. Relief from accountability - Consolidated Courts -
the Court Executive Officer has requested relief
from accountability in the amount of $20.00 that
was reported missing from the receipts for the
Oroville Downtown Courthouse in the work of June 6,
1997. After an investigation by the Auditor-
Controller of the circumstances surrounding
disappearance of the money, it has been concluded
this appears to be a simple mistake in the making
of change or the acceptance of fine money and that
the degree of carelessness involved does not
constitute "gross negligence" - action requested -
APPROVE RELIEF FROM ACCOUNTABILITY IN THE AMOUNT
OF $20.00 AS REQUESTED BY THE COURT EXECUTIVE
OFFICER IN ACCORDANCE WITH GOVERNMENT CODE SECTION
29390.
Page 267
July 8, 1997
July 8, 1997
97-222 12. Relief from accountability - Sheriff-Coroner
Prisoners' Cash Trust - the Sheriff-Coroner has
requested relief from accountability in the amount
of $40.00 that was reported missing from the
receipts for the Prisoners' Cash Trust in the work
of June 14, 1997. After an investigation by the
Auditor-Controller of the circumstances surrounding
disappearance of the money, it has been concluded
this shortage occurred as a result of jail staff
not following written cash handling policy and
procedures and does not constitute "gross
negligence" - action requested - APPROVE RELIEF
FROM ACCOUNTABILITY IN THE AMOUNT OF $40.00 AS
REQUESTED BY THE SHERIFF-CORONER IN ACCORDANCE WITH
GOVERNMENT CODE SECTION 29390.
13. Resolution Confirming and Increasing the Change
Funds for the Butte County Clerk-Recorder -
proposed is an increase in the change funds from
$75.00 to $150.00 pursuant to Government Code
Section 29320 et seq. - action requested - ADOPT
RESOLUTION 97-89 AND AUTHORIZE THE CHAIR TO SIGN.
14. Youth Summer Job Program - Board approval is
requested for the use of up to $2,000, in the form
of a grant, for the purchase and/or rental of hand
tools and other necessary items for use by
participants in the Youth Summer Job Program. The
participants in the Program are from families
identified as members of the targeted income
group, making this an eligible activity for funding
under the Revolving Loan Program - action
requested - APPROVE GRANT FOR THE PURCHASE AND/OR
RENTAL OF EQUIPMENT FOR THE YOUTH SUMMER JOB
PROGRAM.
15. Adoption of an "Ordinance Amending 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 3345 AND
AUTHORIZE THE CHAIR TO SIGN. (FROM 6-24-97)
Page 268
July 8, 1997
July 8, 1997
97-222 16. Adoption of a salary ordinance amendment and
position allocation - preliminary budget for fiscal
year 1997-98 - the proposed salary ordinance
incorporates personnel changes associated with
recommendations contained within the proposed
budget for fiscal year 1997-98 as follows: Welfare,
Children's Services Division: converts three
existing term Social Worker III, II positions that
are scheduled to expire at the end of fiscal year
1996-97 to regular help positions (these positions
will be funded through ongoing State allocation>;
and Agricultural Department-Water Division: renames
an existing budget unit titled "Water Services",
budget unit 441, to "Agricultural Department -Water
Division" and adds one Administrative Analyst III,
II, I position - action requested - ADOPT ORDINANCE
3346 AND AUTHORIZE THE CHAIR TO SIGN. (FROM 6-24-
97)
17. Introduction of a salary ordinance amendment which
incorporates changes associated with
recommendations contained within the Proposed
Budget for fiscal year 1997-98: Administrative
Office - the addition of one position of Manager -
Program Resource and Development to provide support
for the County's Nitrate Compliance Program (CSA
114) and for economic development programs.
Funding will be provided through CSA 114 and
administrative and program income funds; and
Agricultural Department - Water Division: the
establishment of a Program Manager - Water Division
classification (salary range 1257) and the addition
to this department of one position of Program
Manager - Water Division (Department budget) -
action requested - WAIVE READING OF THE ORDINANCE.
18. Introduction of a salary ordinance amendment
wherein the Director - Personnel recommends the
reclassification of an Administrative Services
Assistant position in the Consolidated Courts to a
flexibly staffed position of Information Systems
Analyst II/I (Department budget) - action
requested - WAIVE READING OF THE ORDINANCE.
19. Resolution in Appreciation of Thomas E. MacDonald
Upon His Retirement From the Butte County Juvenile
Hall - action requested - ADOPT RESOLUTION 97-90
AND AUTHORIZE THE CHAIR TO SIGN.
Page 269
July 8, 1997
July 8, 1997
97-222
20. Report to Board - bid opening for construction of
Lone Pine Avenue Bridge across Comanche Creek,
Federal Bridge Replacement Project No. BRLO-
5912(012), County Project No. 50175E-94-1 - report
to Board regarding bids received July 1, 1997 -
action requested - AWARD CONTRACT TO LOW BIDDER,
CLEMENS CONSTRUCTION COMPANY, IN THE AMOUNT OF
$219,912.00, AND AUTHORIZE CHAIR TO SIGN CONTRACT
SUBJECT TO APPROVAL OF COUNTY COUNSEL AND AUDITOR-
CONTROLLER.
21. Program Supplement No. 073 Rev. 1, to Local
Agency - State Agreement for Federal-Aid Projects
No. 03-5912 - reimbursement of funds for qualified
projects under Local Agency - State Agreement for
Federal-Aid Projects No. 03-5912 requires execution
of a Program Supplement to the Master Agreement.
Program Supplement No. 073 Rev. 1 covers funding
for reimbursement of engineering and construction
costs for the proposed project to replace the Lone
Pine Avenue Bridge (No. 12C-404) at Comanche Creek
(Federal Funds/$232,800; Local Matching/$58,700;
Total $291,500) - action requested - APPROVE
PROGRAM SUPPLEMENT N0. 073 REV. 1, ADOPT RESOLUTION
97-91 AND AUTHORIZE THE CHAIR TO SIGN.
22. 1997-98 Nursery agreement no. 97-0076 - proposed is
an agreement with the State Department of Food and
Agriculture wherein the County agrees to perform
inspections of nursery stock of all County
producer/wholesale acreage and to respond to
complaints at retail establishments. The County to
be paid on a per acre
enforcement activities
$645 and in addition,
licensees - action regt
AND AUTHORIZE THE CHAIR
basis for inspection and
in the maximum amount of
$50 may be paid for new
tested - APPROVE AGREEMENT
TO SIGN.
23. Gerald Flanagan, Attorney at Law - proposed is an
amendment to the agreement to retain attorney
services extending the term of the agreement from
June 30, 1997 to September 30, 1997 (Department
budget) - action requested - APPROVE AMENDMENT TO
AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN.
(Contract no. X10191)
Page 270
July 8, 1997
July 8, 1997
97-222 24. Griffith, Masuda and Godwin, attorneys at law -
proposed is the renewal of an agreement for the
provision of attorney services. The agreement,
commencing July 1, 1997 through June 30, 1998 is in
the maximum amount of $30,000. The money to pay
for this contract comes from a special fund
generated by the State's payment to the County of
two per cent of the money paid to local districts
for the sale of water to the State Water Bank and
from the Measure G budget - action requested -
APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN.
(Contract no. X10130) (From 6-24-97)
25. Alvarez-Glasman & Colvin, attorneys at law -
proposed is an agreement for the provision of
attorney services for the term of one year
commencing this date (Department budget) - action
requested - APPROVE AGREEMENT AND AUTHORIZE THE
CHAIR TO SIGN. (Contract no. X10595}
26. Lewis, D'Amato, Brisbois & Bisgaard LLP - proposed
is an agreement for the provision of attorney
services for the term of one year commencing
July 1, 1997 through June 30, 1998 (Department
budget) - action requested - APPROVE AGREEMENT AND
AUTHORIZE THE CHAIR TO SIGN. (Contract no. X10598)
27. Mary Lou Snodgrass, Marriage, Family and Child
Counselor (MFCC) - Butte County Drug Court -
proposed is an agreement for the provision of
individual and group counseling sessions for
participants in the Butte County Drug Court, and to
coordinate the use of MFCC interns to increase
participant access to group counseling sessions and
provide probation officers with the time they need
to manage their case load. The term of the
agreement is July 1, 1997 through September 30,
1998 in the maximum amount of $47,000 (Local Law
Enforcement Block Grant) - action requested -
APPROVE AGREEMENT AND AUTHORIZE JUDGE DARRELL W.
STEVENS, PRESIDING DRUG COURT JUDGE, TO SIGN THE
AGREEMENT ON BEHALF OF THE COUNTY, AND APPROVE
BUDGET TRANSFER B-003 RECOGNIZING $50,000 IN
UNANTICIPATED REVENUE AND ALLOCATING $47,000 TO
PROFESSIONAL AND SPECIALIZED SERVICES AND $3,000 TO
SPECIAL DEPARTMENT EXPENSE FOR THE PURCHASE OF 250
TEST CUP IV URINE TESTERS. (Contract no. X10600)
Page 271
July 8, 1997
July 8, 1997
97-222 28. South Chico Fire Station No. 44 - Williamson
Properties, Inc. - proposed is a lease and
agreement for the station located at 2334 Fair
Street, Chico commencing July 1, 1997 through
June 30, 1998 in the maximum amount of $1,300 per
month (Department budget) - action requested -
APPROVE LEASE AND AGREEMENT AND AUTHORIZE THE CHAIR
TO SIGN. (Contract no. X10082)
29. Northern Valley Claims and Investigative Services -
proposed is a renewal agreement for the provision
of adjusting services for the County's self insured
general liability insurance program. Services are
provided on an "as needed basis" and charged
according to a "time and expense" schedule. For
fiscal year 1996-97 the cost for adjusting services
was approximately $22,000 - action requested -
APPROVE RENEWAL AGREEMENT FOR FISCAL YEAR 1997-98
IN AN AMOUNT NOT TO EXCEED $25,000 (GENERAL
LIABILITY INSURANCE.) (Contract no. X10605)
30. 1997-98 Enloe Hospital "Touchstone Program" -
proposed is a contract for the provision of
extensive perinatal treatment services to Butte
County residents. The term of the contract is from
July 1, 1997 through June 30, 1998 in the maximum
amount of $373,657. Funding sources are a
combination of Perinatal Treatment Expansion
Program (PTEP) monies, State General Fund monies
and Drug/Medi-Cal Federal Financial Participation
(FFP) monies for Drug/Medi-Cal billable services -
action requested - APPROVE CONTRACT AND AUTHORIZE
THE CHAIR TO SIGN. (Contract no. X10566)
31. 1997-98 Youth for Change - proposed is an agreement
for the provision of four crisis residential beds
for youth ages 8-17 to target Severely Emotionally
Disturbed (SED) children who are at most risk of
hospital or group home/foster home placement. This
is part of the System of Care Plan developed to
reduce the cost of placing Butte County children in
out-of-county hospitals and homes. The cost is
$136.99 per available bed day for a contract
maximum of $200,005.40 (Realignment) - action
requested - APPROVE AGREEMENT AND AUTHORIZE THE
CHAIR TO SIGN. (Contract no. X10599)
Page 272
July 8, 1997
July 8, 1997
97-222 32. Chico Building Maintenance - proposed is the
renewal of an agreement for the provision of
janitorial services at several Chico locations of
Butte County Alcohol, Drug and Mental Health
Services. The term of the agreement is July 1,
1997 through June 30, 1998 in the maximum amount of
$10,932 (Department budget) - action requested -
APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN.
(Contract no. X10554)
33. Harbor Hills - proposed is an amendment to the
agreement for the provision of residential care
services to County mental health clients as an
alternative to State hospitalization or a higher
level of care. This amendment is being brought
forward to decrease the maximum payable from
$63,218 to $51,218 (Realignment). The term of the
agreement remains effective July 1, 1996 through
June 30, 1997 - action requested - APPROVE
AMENDMENT B TO AGREEMENT AND AUTHORIZE THE CHAIR TO
SIGN. (Contract no. X10361}
34. Tehama Recovery Center, Inc. (TRC) - proposed is an
amendment to the agreement for the provision of
closely supervised and intensive recovery services
to adults 18 years of age and up, clients of Butte
County Alcohol, Drug and Mental Health Services
(BCADMHS.) The amendment increases the contract
maximum to $98,733 (State/Perinatal) to cover the
additional $12,733 needed to cover the service rate
change from $40/day to $48/day approved by the
Board at its meeting of May 27, 1997. The term of
the agreement remains July 1, 1996 through June 30,
1997 - action requested - APPROVE AMENDMENT TO
AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN.
(Contract no. X10378)
Page 273
July 8, 1997
July 8, 1997
97-222 35. Office of Criminal Justice Planning - the Probation
Department has been awarded a three year grant from
the State Office of Criminal Justice Planning to
implement a juvenile Serious Habitual Offender
(SHO) Program. The SHO Program focuses on
developing a juvenile interagency response to
chronic, serious juvenile offenders. This three
year grant will begin on July 1, 1997 and will
provide a total project funding of $193,971 for the
three years of the grant. The County will be
required to match the funding with 5~ ($3,592) in
the first year, 10$ ($7,184) in the second year,
and 15$ ($10,776) in the third year. The grant
provides for the additional positions of one full
time Probation Officer III and one one-half time
Office Assistant II - action requested - ADOPT
RESOLUTION 97-92 ACCEPTING THE TERMS AND CONDITIONS
AND AUTHORIZING THE CHIEF PROBATION OFFICER TO
EXECUTE THE GRANT AGREEMENT ON BEHALF OF THE
COUNTY; DIRECT THE DIRECTOR-PERSONNEL TO PREPARE A
SALARY ORDINANCE AMENDMENT ADDING THE FUNDED
POSITIONS; AND APPROVE BUDGET TRANSFER B-001
RECOGNIZING AND APPROPRIATING $68,249 IN
UNANTICIPATED REVENUE.
36. Butte Humane Society - proposed is an amendment to
the agreement for the sheltering of animals,
which extends the agreement from June 30, 1997
until September 30, 1997 to provide sheltering
services until the County Service Area 164 per
parcel fee election is held and future sheltering
needs consistent with available funding are known -
action requested - APPROVE AMENDMENT TO AGREEMENT
AND AUTHORIZE THE CHAIR TO SIGN. (Contract no.
X10121)
37. Northwest Society for the Prevention of Cruelty to
Animals - proposed is an amendment to the agreement
for the sheltering of animals, which extends the
agreement from June 30, 1997 until September 30,
1997 to provide sheltering services until the
County Service Area 164 per parcel fee election is
held and future sheltering needs consistent with
available funding are known - action requested -
APPROVE AMENDMENT TO AGREEMENT AND AUTHORIZE THE
CHAIR TO SIGN. (Contract no. X10122)
Page 274
July 8, 1997
July 8, 1997
97-222 38. City of Chico/County of Butte - through a
cooperative agreement approach to animal control,
the City agreed to assist the County with animal
control within the "Chapman-Mulberry Area" of Chico
through June 30, 1996. The City/County
subsequently approved a one year extension to June
30,1997. Proposed is a second agreement extension
until June 30, 1998. There are no additional
County costs associated with the Chico City
services - action requested - APPROVE AMENDMENT TO
AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN.
39. Teresa Wood-Hansen, Dena Keppen, Terri Johnson,
Monica Schwartz, Nancy Agliolo, Meg Palmer, Kim
Stewart, Diana Willow Lesjak and Lori Dentinger -
proposed are agreements for therapy services
provided to children eligible for the Children's
Medical Services Program commencing July 1, 1997
through June 30, 1998 in the maximum amounts as
follows: Wood-Hansen ($50,000/contract no. X10545);
Keppen ($36,600/contract no. 10548); Johnson
$47,040/contract no. 10550); Schwartz
($40,320/contract no. 10549); Agliolo
($12,000/contract no. 10547); Palmer
($26,880/contract no. 10544); Stewart
($10,500/contract no. 10546}; Lesjak
($50,000/contract no. 10551); and Dentinger
($15,120/contract no, 10543) (50~ State/25~
County/25~ Realignment) - action requested -
APPROVE AGREEMENTS AND AUTHORIZE THE CHAIR TO SIGN.
40. State Department of Health Services - proposed is
an amendment to the contract (no. 96-26528) wherein
the State provides 100$ State revenue to the County
for the operation of a Hepatitis A immunization
project. It has been determined that State staff
will perform selected activities identified in the
original contract. Under terms of the amendment,
the maximum amount available from the State will be
reduced from $200,000 to $190,000 to accommodate
the change in the scope of work - action
requested - APPROVE AMENDMENT TO AGREEMENT AND
AUTHORIZE THE CHAIR TO SIGN.
Page 275
July 8, 1997
July 8, 1997
97-222 41. State Department of Health Services - the County
contracts with the State for funding to perform
family planning services to financially eligible
residents of Butte County. Effective March 1, 1997
a new Planning, Access, Care and Treatment (PACT)
Program replaced the previous State Family Planning
Program. The proposed amendment incorporates the
program changes in the 1996-97 contract (contract
no. 94-20153 - A04) - action requested - APPROVE
AMENDMENT TO AGREEMENT AND AUTHORIZE THE CHAIR TO
SIGN.
42. State Department of Health Services - Medi-Cal
Target Case Management Provider Participation
Agreement - under the terms of this agreement,
Butte County will claim Federal reimbursement for
targeted case management services that are provided
to eligible Medi-Cal beneficiaries. The agreement
covers the period July 1, 1997 to June 30, 1998.
It is anticipated that this program will generate
$40,000 in State revenue - action requested -
APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN.
43. City of Gridley/David J. Rinde - the City and the
County participate jointly in providing public
transportation for the Gridley Urban Area. The
City is responsible for administration of the
program. Proposed is a modification of the
agreement, Section Two, Insurance, Hold Harmless,
as it pertains to the manner of payment and
reimbursement of insurance premium costs between
the City and the contractor. The amendment does
not affect the portion of the agreement that
pertains to the County - action requested - APPROVE
AMENDMENT TO AGREEMENT AND AUTHORIZE THE CHAIR TO
SIGN. (Contract no. X10597)
Page 276
July 8, 1997
July 8, 1997
97-222 44. California Department of Social Services - Child
Abuse Prevention Grant (AB 1733) - the grant
provides for a 100 State funded contract
administered by the Department of Social Welfare
(BCDSW) contracting with a private non-profit
organization for child abuse prevention services.
Proposed is an additional three year grant
effective July 1, 1997 through June 30, 2000. The
BCDSW intends to contract this program and its
services to Parent Education Network (PEN), who
currently provides these services in the form of
parent education classes and in-home parenting
services. The grant provides 594,596 in 100$ State
funds for each fiscal year of the grant - action
requested - APPROVE AGREEMENTS WITH CALIFORNIA
DEPARTMENT OF SOCIAL SERVICES AND PEN AND AUTHORIZE
THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY
COUNSEL AND THE AUDITOR-CONTROLLER.
45. Northern Valley Catholic Social Service - proposed
is an agreement for the provision of Cal-Learn
Program case management services for pregnant and
parenting teens. Cal-Learn is a program through
the GAIN Division of the Department of Social
Welfare that is designed to keep pregnant and
parenting teens in school through intensive case
management and support which involves the
coordination of community services to meet the
needs of this population. The term of the
agreement is July 1, 1997 through June 30, 1998 in
the maximum amount of $100,000 (50~ Federal/50~
State) - action requested - APPROVE AGREEMENT AND
AUTHORIZE THE CHAIR TO SIGN. (Contract no. X10602)
Page 277
July 8, 1997
July 8, 1997
97-222
46. Private Industry Council - proposed is an agreement
wherein the Private Industry Council of Butte
County (PIC) has agreed to provide local funds up
to $16,500 to enable the Butte County Department of
Social Welfare (BCDSW) to secure three new term
positions in order to meet the demands for
implementation locally of a variety of provisions
related to Welfare Reform - action requested -
APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN.
A. Introduction of a salary ordinance amendment
adding to the Department of Social Welfare for
its Welfare Reform Team three term positions
ending June 30, 1998 as follows: one Welfare
Program Manager/Salary Range 1274; one Welfare
Staff Analyst/Salary Range 1214; one Office
Assistant III/II/Salary Range 1077 (49~
State/40$ Federal/11$ PIC), and one additional
term ending June 30, 1998 position of Staff
Service Systems Specialist to backfill for an
existing staff member who has been selected to
fill the Welfare Analyst position on the
Welfare Reform Team. The existing regular
help Staff Service Systems Specialist position
will be frozen to provide funding for the term
position - action requested - WAIVE READING
OF THE ORDINANCE.
47. Letter of Support - SB 608 (Johannessen) - a letter
has been prepared in support of SB 608 which would
provide enhanced funding to the County Veteran
Service Officers - action requested - APPROVE
LETTER AND AUTHORIZE THE CHAIR TO SIGN.
48. Animal Control Advisory Board Bylaws - Board
approval of amended Animal Control Advisory Board
Bylaws is requested to make them conform to
existing membership and to enhance the
effectiveness of the Advisory Board - action
requested - RATIFY AMENDED BYLAWS AND AUTHORIZE THE
CHAIR TO SIGN.
MOTION: I MOVE TO APPROVE THE CONSENT AGENDA WITH THE
REMOVAL OF ITEMS 3.14, 3.24 AND 3.28.
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
Page 278
July 8, 1997
July 8, 1997
Reaular Aaenda
97-223 Presentation by Chair Davis to Thomas E. MacDonald, Chief
Deputy Probation Officer, of Board Resolution 97-90 in
honor of his retirement, and in appreciation of his 23
years of service to the County of Butte.
97-224 Appointments - commissions and committees.
A. Appointments to committee vacancies. (NONE)
97-225 Update on legislative and budget activities. (240) (JOHN
S. BLACKLOCK, CHIEF ADMINISTRATIVE OFFICER, REPORTED THAT
A NUMBER OF WELFARE REFORM BILLS PASSED OUT OF THE
LEGISLATURE, AND ARE ON THEIR WAY TO THE GOVERNOR, WHO
IMMEDIATELY VETOED THE FIRST BILL UPON RECEIPT. THIS
MEANS A GREAT DEAL OF UNPREDICTABLY IN THE STATE BUDGET
PROCESS, WHICH SHOULD HAVE BEEN WRAPPED UP BY NOW.)
97-226 A. Award of Bid No. 120A-97 - Remodel of County Clerk-
Recorder Offices - action requested - AWARD BID TO
THE LOW BIDDER; AND APPROVE BUDGET TRANSFER B-002
APPROPRIATING FUNDS TO COVER THE REMODEL CONTRACT
AND TO PROVIDE FOR A SMALL CONTINGENCY TO COVER
CHANGE ORDERS.
B. Acquisition of fixed assets - as part of the
upgrade and remodel of the Clerk-Recorder Office,
the County Clerk-Recorder requests the transfer of
$117,500 (Recorder's System Trust Fund), and the
acquisition of modular furniture under County
purchase agreement (CCW050259) between the County
of Sacramento and Office Depot in the amount of
$117,500, including contingency - action
requested - APPROVE PURCHASE OF FIXED ASSET ITEMS.
(270)
MOTION: I MOVE TO A. 1) AWARD BID TO THE LOW BIDDER,
CRAWFORD CONSTRUCTION, CHICO, IN THE AMOUNT OF
$141,667; 2) APPROVE BUDGET TRANSFER B-005
IN THE AMOUNT OF $159,500 (CONTRACT
$141,667/AIRCON ENERGY HVAC MODIFICATIONS
$3,666/$14,167 CONTINGENCY TO COVER CHANGE
ORDERS/TOTAL PROJECT COST $159,500;
3) AUTHORIZE CHAIR TO SIGN CONTRACT, SUBJECT
TO APPROVAL OF COUNT COUNSEL AND AUDITOR-
CONTROLLER; AND B. APPROVE BUDGET TRANSFER B-
002 AND PURCHASE OF FIXED ASSET ITEMS.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
Page 279 July 8, 1997
July 8, 1997
97-227 California Rural Home Mortgage Finance Authority
(CRHMFA) - the Housing Authority of the County of Butte
(HACB) requests that the County join the CRHMFA - action
requested - ADOPT RESOLUTION AND EXECUTE THE JOINT POWERS
AGREEMENT AND BYLAWS 1 AND 2 AND AUTHORIZE THE CHAIR TO
SIGN; AND JOIN CRHMFA AS AN ASSOCIATE MEMBER AND TO
ASSIGN BU TTE COUNTY'S 1997 MORTGAGE REVENUE BOND
ALLOCATION TO CRHMFA TO PROVIDE MORTGAGE FINANCING TO
FIRST TIME HOME BUYERS IN BUTTE COUNTY. (GARY E. SANNAR,
ADMINISTRATIVE OFFICER, HOUSING AUTHORITY OF THE COUNTY
OF BUTTE) (FROM 6-10-97) {385) (CONTINUED TO AUGUST 26,
1997)
97-228 Adoption of an ordinance - Pay for Performance Program
for Appointed Department Heads and Department Goal
Program for Elected Department Heads - action requested -
ADOPT ORDINANCE AND AUTHORIZE THE CHAIR TO SIGN. (FROM
6-24-97) (415)
MOTION: I MOVE TO ADOPT ORDINANCE 3347 AND AUTHORIZE
THE CHAIR TO SIGN.
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
97-229 Presentation requesting Board of Supervisors enactment of
second step of "Home Rule" through adoption of Interim
Federal and State Land Management Plan. {1147)
MOTION: I MOVE TO REFER THIS REQUEST FOR BOARD
ENACTMENT OF THE SECOND STEP OF "HOME RULE" TO
THE DIRECTOR-DEVELOPMENT SERVICES AND COUNTY
COUNSEL FOR FURTHER INVESTIGATION AND STUDY.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y {Unanimously Carried)
Page 280
July 8, 1997
July 8, 1997
97-230 Senator K. Maurice Johannessen, Fourth Senatorial
District - writes to the County relative to Department of
Water Resource's latest draft environmental impact
report on the State Supplemental Water Purchase Program,
and included a list of fourteen different concerns
relative to this issue. Senator Johassessen requested
that the Board of Supervisors forward their support of
these comments to Director David Kennedy, Department of
Water Resources, by the July 30 deadline.
MOTION: I MOVE THAT THERE IS A NEED TO TAKE IMMEDIATE
ACTION AND THAT THE NEED FOR ACTION CAME TO
THE ATTENTION OF THE LOCAL AGENCY SUBSEQUENT
TO THE AGENDA BEING POSTED (GOVERNMENT CODE
SECTION 54954.2 (b) (2) .
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
MOTION: I MOVE TO SUPPORT SENATOR JOHANESSEN'S
OBJECTIONS TO THE DRAFT ENVIRONMENTAL IMPACT
REPORT, AND AUTHORIZE THE SENATOR TO INCLUDE
OUR NAME ON THE LIST OF SIGNATORIES ON FILE IN
HIS OFFICE IN SUPPORT OF HIS COMMENTS.
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
97-231 Items removed from the Consent Agenda for Board
consideration and action.
1. Town of Paradise - proposed is a property tax
exchange agreement for the reorganization - Town of
Paradise/Paradise Irrigation District - Lovett Lane
Annexation District No. 1 (LAFCo 97-11) - action
requested - ADOPT RESOLUTION APPROVING AGREEMENT
AND AUTHORIZE THE CHAIR TO SIGN. (1548)
MOTION: I MOVE TO ADOPT RESOLUTION 97-93 AND AUTHORIZE
THE CHAIR TO SIGN.
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
(REFER TAX EXCHANGE AGREEMENTS BETWEEN THE
COUNTY/CITIES/TOWN OF PARADISE TO THE CHIEF
ADMINISTRATIVE OFFICER TO WORK WITH COUNTY COUNSEL,
AUDITOR-CONTROLLER AND LAFCO TO REVIEW AND VERIFY THAT
THEY ARE VALID, OR TO DETERMINE IF CHANGES ARE NECESSARY)
Page 281
July 8, 1997
July 8, 1997
97-231 2. Assignment of counsel - County Counsel proposes the
assignment of Ritlaw v. Butte County to Gregory P.
Einhorn, Esq. - action requested - APPROVE
ASSIGNMENT OF COUNSEL.
3. G. Douglas Day, Attorney at Law - proposed is an
agreement for the provision of a small claims
advisor service commencing July 1, 1997 through
June 30, 1998 in the maximum amount of $1,291.6?
per month (Department budget) - action requested -
APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN.
(Contract no. X10601) (1620)
MOTION: I MOVE TO APPROVE ASSIGNMENT OF COUNSEL, AND
APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO
SIGN.
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
Public Hearings and Timed Items (NONE)
97-232 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.) {1867)
PROPOSED TIRE DUMP ON CUSTER LANE, OROVILLE
1. Allen Murray, resident of Custer Lane.
2. Dan Brooks, resident of Custer Lane.
3. Mae D. Elms, resident of Custer Lane.
4. Lenora Stevenson, resident of Custer Lane.
5. Callan Callahan, resident of Custer Lane.
6. Virginia Callahan, resident of Custer Lane.
7. Kirk Cofer - owner of tine recycling business
relocating on Custer Lane.
8. Scott Cofer - son of owner/employee of tire
recycling business relocating on Custer Lane.
9. Carl Campineri, Magalia - manager of the subject
tire recycling business.
10. Steve Little, Oroville - employee of the subject
tire recycling business.
(REFER TO SUPERVISOR BEELER AND THE DIRECTOR-DEVELOPMENT
SERVICES)
Page 282
July 8, 1997
July 8, 1997
97-233
97-234
CONFERENCE WITH LEGAL COUNSEL FOR ACTUAL LITIGATION
PURSUANT TO GOVERNMENT CODE SECTION 59956.9(a):
1. Gresham v. Hidalgo
MOTION: I MOVE THAT THERE IS A NEED TO TAKE IMMEDIATE
ACTION AND THAT THE NEED FOR ACTION CAME TO
THE ATTENTION OF THE LOCAL AGENCY SUBSEQUENT
TO THE AGENDA BEING POSTED (GOVERNMENT CODE
SECTION 54954.2(b)(2},
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
CLOSED SESSION: The Board recessed at 10:59 a.m. to
a closed session conference with
legal counsel for actual litigation
pursuant to Government Code Section
54956.9(a): 1. Crocker Development
Company, L.P., Debtor, U.S.
Bankruptcy Court, Eastern District,
Case No. 95-28051-A-11; 2. Viacom
Cable Vision v. Butte County, Butte
County Superior Case No. 11545; and
3. Gresham v. Hidalgo; and a
conference with legal counsel for
initiation of litigation pursuant to
Government Code Section 54956.9(c):
One Potential Case.
RECONVENE: The Board reconvened at 12:24 p.m.
following a closed session conference
with legal counsel for actual litigation
pursuant to Government Code Section
54956.9(a): 1. Crocker Development
Company, L.P., Debtor, U.S. Bankruptcy
Court, Eastern District, Case No. 95-
28051-A-11; 2. Viacom Cable Vision v.
Butte County, Butte County Superior Case
No. 11545; and 3. Gresham v. Hidalgo; and
a conference with legal counsel for
initiation of litigation pursuant to
Government Code Section 54956.9(c): One
Potential Case. (NO ANNOUNCEMENTS)
Page 283
July 8, 1997
Julv 8, 1997
Communications
97-235 Communications received and referred. (COPIES OF ALL
COMMUNICATIONS ARE AVAILABLE IN THE CLERK OF THE BOARD
OFFICE.)
A. Jerry McGuire, Superintendent, Butte County
Schools - forwards Notice of June 24, 1997 Election
Results - Gridley Unification, and requests,
pursuant to Education Code Section 35765, that the
Board of Supervisors make an order to change the
boundaries of the affected school districts and
cause a copy of the order and a map or plat
indicating the boundaries to be filed with the
appropriate government agencies. {REFER TO
DIRECTOR-DEVELOPMENT SERVICES AND COUNTY COUNSEL)
B. Richard E. Mallory, Director, State Department of
Housing and Community Development - informs the
County that the County and the City of Oroville
have been awarded a grant from the 1997
GenerallNative American Allocation of the State
Community Development Block Grant (CDBG) Program.
This letter constitutes a commitment of $500,000
from the program, and in addition, commits $442,750
from the 1998 allocation, subject to the
availability of funds from the Federal program.
(REFER TO CHIEF ADMINISTRATIVE OFFICER, DIRECTOR-
DEVELOPMENT SERVICES, AND TRI-COUNTY ECONOMIC
DEVELOPMENT CORPORATION)
C. Frederick H. Sharrocks, Jr., Chief, Hazard
Identification Branch, Mitigation Directorate,
Federal Emergency Management Agency - notifies the
County of the proposed modifications in base flood
elevations {BFEs) for Big Chico Creek, Lindo
Channel, Mud Creek, Mud Creek Diversion Channel,
Sycamore Creek, Butte Creek, Butte Creek-Right
Overbank Flooding, Butte Creek-Left Overbank
Flooding, Hamlin Slough, Little Chico-Butte
Diversion Channel, Comanche Creek and Little Chico
Creek, and the notification and appeals process for
the County community and private persons prior to
FEMA making the BFE determinations final. {REFER
TO DIRECTOR-PUBLIC WORKS, COUNTY COUNSEL AND CHIEF
ADMINISTRATIVE OFFICER)
Page 284
July 8, 1997
July 8, 1997
ADJOURNMENT: There being no further business before
the Board, the meeting was adjourned at
12:25 p.m. to reconvene on Tuesday,
August 12, 1997 at 9:00 a.m.
FRED C. DAVI , Chair
JOHN 5. BLACKLOCK, Chief Administrative Officer
and Clerk of a Board of Supervisors
By : ~ L.
Assistant Clerk
Page 285
July 8, 1997