HomeMy WebLinkAboutM071498BOARD OF SUPERVISORS
MINUTES
R.J. BEELER, 1st District
JANE DOLAN, 2nd District
MARY ANNE HOUX 3rd District
CURT JOSIASSEN, 4th District
FRED C. DAVIS, 5th District
Call to Order - Board of Supervisors Room, County
Administration Building, 25 County Center Drive, Oroville.
Present: Supervisors Dolan, Houx, Josiassen and Chair Davis.
Starlyn S. Brown, Assistant Chief Administrative Officer; Susan
Minasian, County Counsel; and Marion Reeves, Deputy Clerk of the
Board. Not Present: Supervisor Beeler.
Pledge of Allegiance to the Flag of the United States of America.
Invocation - John Taylor, Minister, Foothill Boulevard Church of
Christ, Oroville.
98-211 Items removed from the Consent Agenda for Board consideration and
action.
1. Safety Data Services, Inc. - proposed is an amendment to the
agreement for Probation Department dictation and
transcription services extending the agreement from July
1, 1998, to December 31, 1998, in the maximum amount of
$35,000 (department budget) - action requested - APPROVE
AMENDMENT TO AGREEMENT AND AUTHORIZE THE CHIEF PROBATION
OFFICER TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE
AUDITOR-CONTROLLER.
98-212 1. Approval of minutes - action requested - APPROVE
MINUTES OF JUNE 23, 1998, AND JUNE 25, 1998.
2. Budget transfers - action requested - APPROVE BUDGET
TRANSFER B-424 (COUNTY SERVICE AREA #4-SIERRA DEL ORO
DRAINAGE [4/5 vote required]), B-422 (PUBLIC WORKS-REIMBURSED
PROJECTS [4/5 vote required]), AND B-419 (TRIAL COURT
MAINTENANCE OF EFFORT ADJUSTMENT).
3. County Library donations - in accordance with Government Code
Section 25455, a donation of $1,058 from Oroville Friends of
_ the Library has been received for the Butte County Trust Fund
for the purchase of books - action requested - ACCEPT
DONATION AND AUTHORIZE LETTER OF APPRECIATION.
Page 222 July 14, 1998
98-212 4. Building Code Board of Appeals - action requested - REAPPOINT -^
E. J. HURRAY (PUBLIC), BILL FOX (ELECTRICAL), JOHN GRAY, JR.
(MECHANICAL), AND GREG PIETZ (ARCHITECT), TO TERMS TO
EXPIRE AUGUST 1, 2002.
5. Paradise Cemetery District - action requested - REAPPOINT
LINDA DUNLAP TO A TERM TO EXPIRE JULY 2002.
Pine Creek Cemetery District - action requested - REAPPOINT
ELWIN A. RONEY, J. BAXTER KNIGHT, AND PHILLIP WILSON TO TERMS
TO EXPIRE JULY 1, 2002.
7. Award of Bid No. 154-98 - Fire Department - bids have been
opened for the purchase of a pick-up truck with the low
bidder meeting specifications being Wittmeier Chevrolet of
Chico, in the amount of $21,898.26, including sales tax and
Department of Motor Vehicle fees - action requested - AWARD
BID.
8. Award of Bid No. 156-98 - Assessor's Office - bids have been
opened for the installation of two Category 5 data drop
outlet locations and two Category 5 data communication
cables, with the low bidder being West Coast Data Connect of
Redding in the amount of $10,715 (department budget) - action
requested - AWARD BID.
9. Sheriff-Coroner - Jail Management System (JMS) - Board
approval is requested for the implementation of phases two
and three of the upgrading and expansion project for the
computerized Jail Management System. Both phases will be
funded utilizing the fiscal year 1997-98 Sheriff-Coroner Jail
Cops Fund and the unappropriated balance of the State COPS
Fund. Funding will also be supplemented by the Inmate
Welfare Fund - action requested:
A. AUTHORIZE THE PURCHASE OF EQUIPMENT NEEDED TO IMPLEMENT
PHASE TWO OF THE PROJECT: NETWORK INFRASTRUCTURE
(HARDWARE, SOFTWARE AND CABLING) IN THE ESTIMATED
AMOUNT OF $105,263;
B. AUTHORIZE THE IMPLEMENTATION OF PHASE THREE OF THE
PROJECT AND APPROVE THE SOLE SOURCE PURCHASE OF JMS
SOFTWARE FROM EPIC SOLUTIONS AT A COST OF $118,169;
C. APPROVE BUDGET TRANSFER B-002 WHICH APPROPRIATES FUNDS
FOR THE ACQUISITION OF HARDWARE AND SOFTWARE FOR THE
JAIL MANAGEMENT SYSTEM; INCREASES FIXED ASSETS
$194,822; COMMUNICATIONS $28,610, USING $83,994 FROM
STATE JAIL COPS FUNDS AND $139,438 FROM INMATE WELFARE
FUND.
D. AUTHORIZE THE ACQUISITION OF FIXED ASSET ITEMS PRIOR TO
THE APPROVAL OF THE FINAL BUDGET (4/5 vote required).
Page 223 July 14, 1998
- 98-212 10. Reissuance of time expired check - Dixianne Hawks -
a request has been received for reissuance of a time expired
check (No. 1221 027356) issued on October 3, 1994, in the
amount of $3.55 - action requested - AUTHORIZE THE AUDITOR-
CONTROLLER TO REISSUE TIME EXPIRED CHECK.
11. 1996-97 Audit Report and Management Letter - the Auditor-
Controller submits the General Purpose Financial Statements
and Independent Auditor's Report for fiscal year 1996-97 and
Management Letter for the same period - action requested -
ACKNOWLEDGE RECEIPT OF AUDIT REPORT AND MANAGEMENT LETTER AND
AUDIT OF TRANSPORTATION DEVELOPMENT ACT (TDA) FUNDS AND
TRANSIT FUNDS.
12. County Service Area (CSA) 135-Zone 2 (Keefer Creek Estates) -
requested is a loan from the County Service Area Revolving
Loan Fund in the amount of $550 to cover a utilities account
deficit. The loan will be paid back over a period
of five years - action requested - ADOPT RESOLUTION 98-105
APPROPRIATING MONIES TO COUNTY SERVICE AREA 135-ZONE 2 AND
AUTHORIZE THE CHAIR TO SIGN; AND APPROVE BUDGET TRANSFER B-
423 (4/5 vote required).
13. Ordinance amending ordinance relative to Board of
Supervisors compensation - proposed is an ordinance to
- provide for changes in the transportation and cell phone
provisions of the Board of Supervisors compensation
ordinance - action requested:
A. WAIVE READING OF ORDINANCE; AND
B. APPROVE CONTRACT AMENDMENTS FOR AFFECTED DEPARTMENT
HEADS INCREASING THE MONTHLY CAR ALLOWANCE PROVISION
FROM $480 TO $520 PER MONTH AND AUTHORIZE THE CHAIR TO
SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE
AUDITOR-CONTROLLER.
Page 224 July 14, 1998
July 14. 1998
98-212 14. Introduction of a salary ordinance amendment and position
allocation - proposed is a salary ordinance amendment which
implements adjustments resulting from the Memoranda of
Understanding with Butte County Employees Association, Butte
County Management Employees Association, Butte County Social
Services Workers Unit, and Butte County Law Enforcement
Officers Association - General Unit as follows: Butte County
Consolidate Courts: deletes four Municipal Court Judge
positions, one Administrative Analyst III/II/I position, one
Administrative Analyst II/I position, two Paralegal
positions, two Administrative Services Assistant positions,
one Information Systems Analyst II/I position, one
Information Systems Technician II position, one Legal
Secretary I position, three Accounting Specialist or Senior
Account Clerk positions, one Accounting Specialist position,
one Office Assistant III/II/I position, and four Court Clerk
I or Office Assistant II/I positions; adds four Superior
Court Judge positions, one Administrative Analyst III/II/I-
Courts position, one Administrative Analyst II/I-Courts
position, two Paralegal-Courts positions, two Administrative
Services Assistant-Courts positions, one Information Systems
Analyst II/I-Courts position, one Information Systems
Technician II-Courts position, one Legal Secretary I-Courts
position, three Accounting Specialist-Courts or Senior
Account Clerk-Courts positions, one Accounting Specialist-
Courts position, one Office Assistant III/II/I-Courts
position, and four Court Clerk I or Office Assistant II/I-
Courts positions; District Attorney-Family Support Division:
deletes one Family Support Case Manager III/II/I position;
Sheriff-Coroner - Local Law Enforcement Block Grant (LLEBG):
extends two term Deputy Sheriff positions (terms to end 10-
31-99); Probation: deletes one Probation Officer III/II/I
position, and one Secretary II position; Welfare-G.A.I.N. is
deleted in its entirety; Welfare-CalWORKs is created and adds
ten Social Worker Supervisor I positions, forty-five Social
Worker III/II positions, eleven Social Worker II/I positions,
two Social Worker II/I or Social Services Aide positions, and
two Vocational Counselor positions; Section 67 - Hourly and
Bi-Weekly Salary Rates: identifies the salary rate tables
based on a 40-hour work week schedule; Section 68 - Salary
Plan for Classified Positions: identifies the classified
positions and the appropriate salary range designation per
classification by employee association unit - action
requested - WAIVE READING OF ORDINANCE.
15. Resolution in appreciation of Jim Friese on his retirement
from the County - action requested - ADOPT RESOLUTION 98-106
AND AUTHORIZE THE CHAIR TO SIGN.
Page 225 July 14, 1998
98-212 16. Resolution authorizing the Director of Public Works to enter
into contract for routine work - the proposed resolution will
allow the Director of Public works to enter into agreements
with independent service contractors for routine work on
County highways and bridges ($25,000 or less for
highways/$10,000 or less for bridges) which are funded within
approved levels of appropriations as provided for in
California Public Contract Code Sections 20390 and 20400 -
action requested - ADOPT RESOLUTION 98-107 AND AUTHORIZE THE
CHAIR TO SIGN.
17. Resolution authorizing the Director of Public Works to enter
into contract for emergency storm damage repair - in order
to expedite the Public Works Department's ability to respond
and repair damaged County highways and bridges, Board
approval is requested for a resolution which would authorize
the Director of Public Works to enter into contracts for
emergency storm damage repair in the event that a
Proclamation of Existence of Local Emergency is adopted by
the Board - action requested - ADOPT RESOLUTION 98-108 AND
AUTHORIZE THE CHAIR TO SIGN (4/5 vote required).
18. Resolution concerning changes in maintained mileage within
Butte County - each year in accordance with Section 2121 of
the Streets and Highways Code, the County must certify to
CalTrans the current maintained mileage of the County roads.
This year the mileage is certified at 1,363.20 miles - action
requested - ADOPT RESOLUTION 98-109 AND AUTHORIZE THE CHAIR
TO SIGN.
19. Resolution approving adoption of a canine to be utilized as
a canine officer - proposed is a resolution for the County
adoption of a German Shepard dog named Illo, which will be
utilized by the Sheriff's Office as a member of the canine
unit - action requested - ADOPT RESOLUTION 98-110 AND
AUTHORIZE THE CHAIR TO SIGN.
20. Report to the Board - regarding bids received June 8, 1998,
for storm damage repair at various locations on French Creek
Road, Lumpkin Road, Bald Rock Road, and Oroville Quincy
Highway; County Project No. SDR-98-1 - action requested -
AWARD CONTRACT TO LOW BIDDER, MEYERS EARTHWORK, INC., IN THE
AMOUNT OF $116,065 AND AUTHORIZE THE CHAIR TO SIGN SUBJECT
TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER.
21. Report to the Board - regarding bids received June 22,
1998, for the construction of Humboldt Road box culvert at
Malloy Creek; County Project No. 91422-97-1 - action
requested - AWARD CONTRACT TO LOW BIDDER, MEYERS EARTHWORK,
INC., IN THE AMOUNT OF 194,655.92 AND AUTHORIZE THE CHAIR TO
SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-
CONTROLLER.
Page 226 July 14, 1998
7
98-212 22. Fuel tank replacement at Oroville Corporation yard, County ~'
Project No. 5672-97-1 - the project consists of the removal
and replacement of three existing fuel tanks and the
associated fueling facility - action requested - APPROVE
PLANS AND SPECIFICATIONS; AUTHORIZE THE CHAIR AND THE
DIRECTOR OF PUBLIC WORKS TO SIGN PLANS; ADOPT WAGE SCALE; AND
AUTHORIZE PUBLIC WORKS TO ADVERTISE FOR BIDS.
23. Director-Personnel - Donald W. Turko - proposed is an
employment contract for a two year term beginning
August 17, 1998, with an annual salary of $72,700, in
accordance with the Butte County salary ordinance, including
a monthly car allowance of $480 - action requested - APPROVE
EMPLOYMENT CONTRACT FOR DONALD W. TURKO AS DIRECTOR OF
PERSONNEL AND AUTHORIZE THE CHAIR TO SIGN.
24. Certificate of Acceptance and Consent and Lease Agreement -
1002 East 16th Street, Chico - in an effort to address
concerns regarding safety and traffic flow at Chapman School,
the Chico Redevelopment Agency is acquiring property located
at 1002 East 16th Street, Chico, to implement a County plan
which converts the property into a parking lot. The County
has previously agreed to accept ownership of the property.
Proposed is a Certificate of Acceptance and Consent (which
will be required for the escrow proceedings) and a lease
agreement with the current tenants which provides 30 days
for removal of personal property from the site - action
requested - APPROVE CERTIFICATE OF ACCEPTANCE AND CONSENT AND
LEASE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN.
25. 1998-99 Weights and Measures Petroleum Agreement
No. P-56904 - proposed is an agreement with the State
Department of Food and Agriculture to augment, improve and
maintain a uniform and viable inspection program of
establishments selling or distributing petroleum products.
The term of the agreement is July 1, 1998, through June 30,
1999, and reimburses the County $75 per initial inspection
conducted, not to exceed $5,850 - action requested -
APPROVE AGREEMENT AND AUTHORIZE THE DIRECTOR-WEIGHTS AND
MEASURES TO SIGN. (Contract No. R40073)
26. 1998-99 Weights and Measures Weighmaster Agreement
No. W-56904 - proposed is an agreement with the State
Department of Food and Agriculture to augment, improve and
maintain a uniform and viable inspection program of
establishments licensed as weigh masters. The term of the
agreement is July 1, 1998, through June 30, 1999, and
reimburses the County $75 per initial inspection conducted,
not to exceed $1,500 - action requested - APPROVE AGREEMENT
AND AUTHORIZE THE DIRECTOR-WEIGHTS AND MEASURES TO SIGN. .._.
(Contract No. R40072)
Page 227 July 14, 1998
-' 98-212 27. Report to Board - letter of intent regarding lease agreement
with Jane Morgan - update on current lease agreement and
relocation of facilities needed to support the independent
living program administered by the Butte County Department
of Behavioral Health - action requested - ACCEPT FOR
INFORMATION.
28. Public Guardian/Butte County Department of Behavioral Health
(BCDBH) - Memorandum of Understanding (MOU) - proposed is a
MOU for the provision of investigation and administration of
conservatorship services for BCDBH clients. The term of the
agreement is July 1, 1998, through June 30, 1999, with a
maximum amount of $140,000 (realignment/department 1998-99
proposed budget) - action requested - APPROVE MOU AND
AUTHORIZE THE CHAIR TO SZGN. (Contract No. X10866)
29. Urgent Medical Clinic - proposed is an agreement for the
provision of "history and physical" examinations for persons
admitted to the Butte County Psychiatric Health Facility.
The term of the agreement is July 1, 1998, through
June 30, 1999, with a maximum amount of $96,800
(realignment/department 1998-99 proposed budget) - action
requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO
SIGN. (Contract No. X10651)
30. Willow Glen Care Center - proposed is an agreement for the
provision of day care habilitation services within a
residential setting utilized by Butte County Department of
Behavioral Health as an alternative to higher cost
institutions for mental disease. The term of the
agreement is July 1, 1998, through June 30, 1999, with a
maximum amount of $99,20D (realignment/department 1998-99
proposed budget) - action requested - APPROVE AGREEMENT AND
AUTHORIZE THE CHAIR TO SIGN. (Contract No. X10785)
31. James R. Glover, M.D. - Board approval is requested for an
agreement with Butte County Department of Behavioral Health
(BCDBH) to provide psychiatric and medical services to BCDBH
clients. The term of the agreement is July 1, 1998, through
June 30, 1999. The hourly rate is $65 ($50/8 hour on-call
shift) in the maximum amount of $148,540
(realignment/department 1998-99 proposed budget) - action
requested- APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN
SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-
CONTROLLER. (Contract No. X10571)
32. Thomas J. Lancaster, M.D. - Board approval is requested for
an agreement with Butte County Department of Behavioral
Health (BCDBH) to provide psychiatric and medical services
to BCDBH clients. The term of the agreement is July 1, 1998,
through June 30, 1999. The hourly rate is $75 per hour ($50/8
.._._. hour on-call shift) in the maximum amount of $157,375
(realignmentldepartment 1998-99 proposed budget) - action
requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN
SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-
CONTROLLER. (Contract No. X10572)
Page 228 July 14, 1998
98-212
33. Isabel Sarinas-Manuel, M.D. - Board approval is requested for
an agreement with Butte County Department of Behavioral
Health (BCDBH) to provide psychiatric and medical services
to BCDBH clients. The term of the agreement is July 1,
1998, through June 30, 2001. The hourly rate is $65 ($50/8
hour on-call shift) in the maximum amount of $136,360
(realignment/department 1998-99 proposed budget) - action
requested - ADOPT RESOLUTION 98-111 AND AUTHORIZE THE CHAIR
TO SIGN; AND APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO
SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDZTOR-
CONTROLLER.
34. Richard H. Svihus, M.D. - Board approval is requested for an
agreement with Butte County Department of Behavioral Health
(BCDBH) to provide psychiatric and medical services to BCDBH
clients. The term of the agreement is July 1, 1998, through
June 30, 1999. The hourly rate is $65 ($50/8 hour on-call
shift) in the maximum amount of $133,975
(realignment/department 1998-99 proposed budget) - action
requested- - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO
SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-
CONTROLLER. (Contract No. X10871)
35. G. Douglas Day, Attorney at Law - proposed is an
agreement with County Counsel for the provision of small
claims advisory services for the period of July 1, 1998,
through June 30, 1999, in the maximum amount of $1,291.67 per
month (department budget) - action requested - APPROVE
AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No.
X10968)
36. California Department of Insurance - the District Attorney
requests Board approval on submission of a grant application
for a Workers Compensation Fraud Prosecution Program from the
California Department of Insurance pursuant to Insurance Code
Section 1872.83. The term of the grant is July 1, 1998,
through June 30, 1999, in the amount of $79,783 (100$ State)-
action requested - ADOPT RESOLUTION 98-112 AUTHORIZING
DISTRICT ATTORNEY TO UNDERTAKE GRANT AWARD AGREEMENT AND
AUTHORIZE THE CHAIR TO SIGN.
37. South Chico Fire Station No. 44 - Williamson Properties,
Inc. - proposed is a lease agreement for the station located
at 2334 Fair Street, Chico, commencing July 1, 1998, through
June 30, 1999, in the maximum amount of $1,300 per month
(department budget) - action requested - APPROVE AGREEMENT
AND AUTHORIZE THE CHAIR TO SIGN. (Contract no. X10082)
38. California Division of Forestry/Butte County Fire
Department - proposed is an amendment to the cooperative
agreement increasing the contract total $10,000 (amended
maximum amount $5,103,702) due to emergency activities
resulting from heavy rains and flooding - action requested -
ADOPT RESOLUTION 98-113 AND AUTHORIZE THE CHAIR TO SIGN;
APPROVE AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT
TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER; AND
APPROVE BUDGET TRANSFER B-425.
Page 229 July 14, 1998
July 14. 1998
98-212 39. Otten Consulting Group - proposed is an agreement with the
Personnel Department for the provision of an American with
Disabilities Act (ADA) compliance inspection for County
owned/leased facilities and consulting services to assist
the County in achieving ADA compliance and compliance with
state accessability regulations. The amount of the agreement
is $41,121 (department budget) - action requested - APPROVE
AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No.
X10951)
40. Memorandum of Understanding (MOU) - the Butte County
Employees Association (General Unit) and the County have
reached an agreement on a Memorandum of Understanding
covering the period of October 1, 1997, through
September 30, 1999 - action requested - RATIFY MEMORANDUM OF
UNDERSTANDING AND AUTHORIZE THE CHAIR TO SIGN.
41. Memorandum of Understanding (MOU) - the Butte County
Management Employees Association (MCS Unit) and the County
have reached an agreement on a Memorandum of
Understanding covering the period of October 1, 1997, through
September 30, 1999 - action requested - RATIFY MEMORANDUM OF
UNDERSTANDING AND AUTHORIZE THE CHAIR TO SIGN.
42. Memorandum of Understanding (MOU) - the Butte County Law
Enforcement Officers Association (General Unit) and the
County have reached an agreement on a Memorandum of
Understanding covering the period of October 1, 1997,
through September 30, 2001 - action requested - RATIFY
MEMORANDUM OF UNDERSTANDING AND AUTHORIZE THE CHAIR TO SIGN.
43. Memorandum of Understanding (MOU) - the Butte County Social
Service Workers Unit (Communication Workers' of America AFL-
CIO) and the County have reached an agreement on a
Memorandum of Understanding covering the period of
October 1, 1997, through September 30, 1999 - action
requested - RATIFY MEMORANDUM OF UNDERSTANDING AND AUTHORIZE
THE CHAIR TO SIGN.
44. 1998-99 Butte Anti-Drug Special Supervision (B.A.S.S.)
Program Grant - Board approval is requested for the Chief
Probation Officer to submit a renewal application to the
Office of Criminal Justice Planning (OCJP) for a B.A.S.S.
grant (no County match required) for the period of
July 1, 1998, through June 30, 1999 - action requested -
ADOPT RESOLUTION 98-114 AUTHORIZING CHIEF PROBATION OFFICER
TO SUBMIT AN APPLICATION FOR FUNDS PURSUANT TO THE ANTI-DRUG
ABUSE ACT OF 1988 AND AUTHORIZE THE CHAIR TO SIGN.
Page 230 July 14, 1998
98-212
45. State of California-Business, Transportation and Housing "-
Agency, Office of Traffic Safety - emergency scuba
diving/swift water rescue response contract - proposed is an
agreement with the Butte County Sheriff's Office in the
amount of $24,949 (100 State) to provide for the purchase
of scuba diving equipment which will enable the County to
render emergency water rescue responses. The term of the
agreement is October 1, 1998, through October 1, 1999 -
action requested - APPROVE AGREEMIIJT AND AUTHORIZE THE CHAIR
TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE
AUDITOR-CONTROLLER. (Contract No. R40080)
46. James Voss, Ph.D. - the Department of Social Welfare requests
an amendment to the agreement to provide counseling services
to children and parents who are victims of child abuse and
neglect. The amendment increases the maximum amount payable
by $8,000 (total amended maximum amount payable
$38,000/department budget). The term of the agreement
remains the same - action requested - APPROVE AMENDMENT AND
AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY
COUNSEL AND THE AUDITOR-CONTROLLER. (Contract No. X10630)
47. Certification of Statement of Votes Cast at the
June 2, 1998, Direct Primary Election - action requested:
A. ACCEPT CERTIFICATION OF VOTES CAST;
B. ADOPT ORDINANCE 3435 AUTHORIZING IMPOSITION OF A
SPECIAL TAX FOR PROVIDING SERVICES IN COUNTY SERVICE
AREA 31 (BIGGS SWIMMING POOL) AND AUTHORIZE THE CHAIR
TO SIGN; AND
C. ADOPT ORDINANCE 3436 AUTHORIZING IMPOSITION OF A
SPECIAL TAX FOR PROVIDING SERVICES IN COUNTY SERVICE
AREA 34 (GRIDLEY SWIMMING POOL} AND AUTHORIZE THE CHAIR
TO SIGN.
48. Statewide General Election - Cities - each of the following
cities have submitted resolutions calling for general
municipal elections on November 3, 1998, and requesting the
Board consolidate each municipal election with the statewide
general election: City of Oroville (one vacancy for the
office of Mayor [four year term], and three vacancies for the
office of Council Member (four year terms]); City of Gridley
(transient occupancy tax ordinance) - action requested -
APPROVE CONSOLIDATION WITH THE STATEWIDE ELECTION TO BE HELD
ON NOVEMBER 3, 1998.
49. Advancement within a salary range - pursuant to Personnel
Rule 12.13, Board authorization is requested to appoint an
Assistant Sheriff to step four of the salary range - action ._-.
requested - APPROVE APPOINTMENT OF AN ASSISTANT SHERIFF TO
STEP FOUR OF THE SALARY RANGE.
Page 231 July 14, 1998
'-- 98-212 50. Advancement within a salary range - pursuant to Personnel
Rule 12.13, Board authorization is requested to appoint a
Sheriff's Lieutenant to step five of the salary range -
action requested - APPROVE APPOINTMENT OF A SHERIFF'S
LIEUTENANT TO STEP FIVE OF THE SALARY RANGE.
(PRESENTATION BY FRED DAVIS OF RESOLUTION TO DEPUTY STEVE SLOAN
AND K-9 OFFICER ILLO.)
98-213 Items removed from the Consent Agenda for Board consideration and
action.
1. Safety Data Services, Inc. - proposed is an amendment to the
agreement for Probation Department dictation and
transcription services extending the agreement from July
1, 1998, to December 31, 1998, in the maximum amount of
$35,000 (department budget) - action requested - APPROVE
AMENDMENT TO AGREEMENT AND AUTHORIZE THE CHIEF PROBATION
OFFICER TO SIGN SUBJECT TO AFPROVAL OF COUNTY COUNSEL AND THE
AUDITOR-CONTROLLER.
MOTION: I MOVE TO DEFER THIS ITEM TO THE MEETING OF
JULY 28, 1998.
M S
VOTE: 1 NP 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
98-214 Appointments - commissions and committees.
A. Appointments to committee vacancies. (NONE)
98-215 Update on legislative and budget activities. (269) (STARLYN S.
BROWN, ASSISTANT CHIEF ADMINISTRATIVE OFFICER, REPORTED ON FUNDS
BUDGETED FOR YOUTH TREATMENT AND PREVENTION UNDER THE DEPARTMENT
_ OF DRUG AND ALCOHOL, THE STATE PROPOSAL OF AN INCOME TAX DEDUCTION
FOR MOTOR VEHICLE FEES, TRIAL COURT FUNDING, AND DRUG COURT
PROGRAMS.)
Page 232 July 14, 1998
98-216 Report to Board - Drug House Abatement Committee final report and "'-'
consideration of an Ordinance of the County of Butte Adding
Section 32A-13, Pertaining to Controlled Substance Nuisances, to
the Butte County Code - action requested:
A. ACCEPT REPORT FOR INFORMATION AND AUTHORIZE LETTERS OF
APPRECIATION TO COMMITTEE MEMBERS;
B. DIRECT STAFF TO DEVELOP A RECOMMENDATION CONCERNING THE
COMMITTEE'S DRAFT ORDINANCE; AND
C. CONSIDER AUTHORIZATION OF REIMBURSEMENT OF EXPENSES FROM
BOARD'S BUDGET, SUBJECT TO APPROVAL OF AUDITOR-CONTROLLER.
(373)
(PRESENTATION TO THE BOARD BY MIKE KRAM AND MIKE ARENS, DRUG HOUSE
ABATEMENT ADVISORY COMMITTEE.)
MOTION: I MOVE TO ACCEPT REPORT FOR INFORMATION AND AUTHORIZE
LETTERS OF APPRECIATION TO COMMITTEE MEMBERS; DIRECT
STAFF TO DEVELOP A RECOMMENDATION CONCERNING THE
COMMITTEE'S DRAFT ORDINANCE; AND AUTHORIZE
REIMBURSEMENT OF EXPENSES FROM BOARD'S BUDGET, SUBJECT
TO APPROVAL OF AUDITOR-CONTROLLER.
M S
VOTE: 1 NP 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
98-217 CLOSED SESSION: The Board recessed at 9:25 a.m. to a closed
session conference with legal counsel for
consideration of public employee performance
evaluations pursuant to Government Code Section
54957: 1. Agricultural Commissioner,
2. Chief Administrative Officer, 3. County
Counsel, 4. Director-Behavioral Health,
5. Director-Development Services, 6. Director -
Information Systems, 7. Director-Library,
8. Director-Public Health, 9. Director-Public
Works, 10. Director-Welfare, 11. Health Officer,
and 12. Public Guardian; conference with labor
negotiator pursuant to Government Code Section
54957.6: Agency negotiator: Bill Avery;
Employee organizations: Butte County Employees
Association, Butte County Management Employees
Association, Social Services Workers Unit, and
Butte County Law Enforcement Officers Association
(General Unit and Management-Supervisory Unit).
Page 233 July 14, 1998
98-217 RECONVENE: The Board reconvened at 10:20 a.m. from a closed
(cont.) session conference with legal counsel for
consideration of public employee performance
evaluations pursuant to Government Code
Section 54957: 1. Agricultural Commissioner,
2. Chief Administrative Officer, 3. County
Counsel, 4. Director-Behavioral Health,
5. Director-Development Services, 6. Director -
Information Systems, 7. Director-
Library, 8. Director-Public Health, 9. Director-
Public Works, 10. Director-Welfare, 11. Health
Officer, and 12. Public Guardian; conference with
labor negotiator pursuant to Government Code
Section 54957.6: Agency negotiator: Bill
Avery; Employee organizations: Butte County
Employees Association, Butte County Management
Employees Association, Social Services Workers
Unit, and Butte County Law Enforcement Officers
Association (General Unit and Management-
Supervisory Unit). (NO ANNOUNCEMENTS)
98-218 Thiara Brothers Orchards - Use permit - consideration of an appeal
of the Planning Commission`s denial of a use permit (item on which
a negative declaration regarding environmental impacts has been
recommended), to allow an agricultural segregation for a prune
drying complex on property zoned A-40 (Agricultural-40 acre
minimum parcels) on property located on the east side of Township
Road, approximately 1,500 feet south of West Evans-Reimer
Road, at 480 Township Road, Gridley, identified as APN
024-140-008 - ACTION REQUESTED: SUBJECT TO ENVIRONMENTAL FINDINGS
A-C, ZONING ORDINANCE FINDING A, AND CONDITIONS DETAILED IN
EXHIBIT A OF STAFF MEMORANDUM DATED MAY 28, 1998, UPHOLD THE
APPEAL AND GRANT A USE PERMIT FOR AGRICULTURAL PROCESSING
SEGREGATION FOR THIARA BROTHERS ORCHARDS ON PROPERTY IDENTIFIED
AS APN 024-140-008. (STAFF REPORT DATED JUNE 26, 1998) (545)
MOTION: SUBJECT TO ENVIRONMENTAL FINDINGS A-C A3 FOLLOWS:
A. AN INITIAL STUDY WAS COMPLETED IN COMPLIANCE WITH THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT IDENTIFYING POTENTIALLY
SIGNIFICANT ENVIRONMENTAL EFFECTS THAT THE PROJECT MAY HAVE.
PROVISIONS AND THE DESIGN OF THE PROJECT AND THE CONDITIONS
ADDED TO THE PROJECT WILL MITIGATE SUCH EFFECTS TO A LEVEL
OF INSIGNIFICANCE;
B. THE DESIGN OF THE PROPOSED PROJECT IMPROVEMENTS WILL NOT
CAUSE ENVIRONMENTAL DAMAGE TO FISH AND WILDLIFE OR THEIR
HABITAT, AND A DE MINIMUS EXEMPTION TO THE COLLECTION OF
DEPARTMENT OF FISH AND GAME ENVIRONMENTAL FILING FEES IS
RECOMMENDED; AND
(CONTINUED ON PAGE 235)
Page 234 July 14, 1998
98-218 C. THE BOARD OF SUPERVISORS HA5 INDEPENDENTLY REVIEWED, r.__.
(cont.) ANALYZED, AND CONSIDERED THE PROPOSED NEGATIVE DECLARATION
WITH MITIGATION MEASURES PRIOR TO MAKING ITS DECISION ON THE
PROJECT, AND THE NEGATIVE DECLARATION REFLECTS THE
INDEPENDENT JUDGEMENT OF BUTTE COUNTY; AND
AND ZONING ORDINANCE AND GENERAL PLAN FINDINGS A(1-3) A3 FOLLOWS:
A. THE PROPOSED USE OF THE PROPERTY WILL NOT IMPAIR THE
INTEGRITY AND CHARACTER OF THE ZONE IN WHICH THE LAND LIES
AND THAT THE USE WOULD NOT BE UNREASONABLY INCOMPATIBLE WITH,
OR INJURIOUS TO, SURROUNDING PROPERTY, OR DETRIMENTAL TO THE
HEALTH, SAFETY AND GENERAL WELFARE OF THE PERSONS RESIDING
OR WORKING IN THE NEIGHBORHOOD, OR TO THE GENERAL HEALTH,
WELFARE, AND SAFETY OF THE COUNTY BECAUSE:
1. APPROVAL OF THIS PROJECT WILL NOT CAUSE ANY SIGNIFICANT
NEGATIVE IMPACTS BECAUSE:
A. THE AGRICULTURAL PROCESSING PLANT ALREADY EXISTS
AND IS ALLOWED BY RIGHT IN THE A-40 ZONE; AND
B. UNDER THE CURRENT ZONING THE PRUNE DRYING PLANT
COULD BE EXPANDED TO ANY SIZE; AND
C. NO ADDITIONAL STRUCTURES WILL BE ALLOWED TO BE ....,-
PLACED ON THE AGRICULTURAL PARCEL, THUS
PRESERVING PRIME AGRICULTURAL LAND; AND
D. APPROVING AN AGRICULTURAL PROCESSING PARCEL WILL
NOT CAUSE A LOSS OF PRIME AGRICULTURAL LAND.
2. THE PROPOSED PROJECT IS CONDITIONALLY CONSISTENT WITH
THE A-40 ZONE WITH A USE PERMIT AND IS A PRIMARY USE
UNDER THE ORCHARD AND FIELD CROPS GENERAL PLAN LAND USE
DESIGNATION; AND
3. THAT THE PROPOSED PROJECT AS CONDITIONED ACCOMPLISHES
THE BUFFER AREAS CONTAINED IN POLICY 3.4 OF THE
AGRICULTURAL ELEMENT.
MOVE TO APPROVE THE USE PERMIT FOR THIARA BROTHERS ORCHARDS ON
APN 024-140-008 TO ALLOW A SEGREGATION FOR CREATION OF AN
AGRICULTURAL PROCl333ING PARCEL AND A REMAINING AGRICULTURAL PARCEL
IN AN A-40 ZONE. APPROVAL IS SUBJECT TO THE FOLLOWING CONDITIONS:
GENERAL CONDITIONS 1-5:
1. FAILURE TO COMPLY WITH THE CONDITIONS SPECIFIED HEREIN AS THE
BASIS FOR APPROVAL OF APPLICATION AND ISSUANCE OF PERMIT,
CONSTITUTES CAUSE FOR THE REVOCATION OF SAID PERMIT IN
•---•
ACCORDANCE WITH THE PROCEDURES SET FOR IN THE BUTTE COUNTY
ZONING ORDINANCE, INCLUDING BUTTE COUNTY CODE SECTION 24-
45.65.
(CONTINUED ON PAGE 236)
Page 235 July 14, 1998
_ 98-218 2. UNLESS OTHERWISE PROVIDED FOR IN A SPECIAL CONDITION TO THIS
(cont.) USE PERMIT, ALL CONDITIONS MUST BE COMPLETED PRIOR TO, OR
CONCURRENTLY WITH, THE ESTABLISHMENT OF THE GRANTED USE. THE
USE GRANTED BY THIS PERMIT MUST BE ESTABLISHED WITHIN 24
MONTHS OF THE DELIVERY OF THE COUNTERSIGNED PERMIT TO THE
PERMITTEE.
3. IF ANY USE FOR WHICH A PERMIT HAS BEEN GRANTED IN NOT
ESTABLISHED WITHIN TWO YEARS OF THE DATE OF RECEIPT OF THE
COUNTERSIGNED PERMIT BY THE PERMITTEE, THE PERMIT SHALL
BECOME NULL AND VOID AND REAPPLICATION AND A NEW PERMIT SHALL
BE REQUIRED TO ESTABLISH THE USE.
4. THE TERMS AND CONDITIONS OF THIS PERMIT SHALL RUN WITH THE
LAND AND SHALL BE BINDING UPON AND BE TO THE BENEFIT OF THE
HEIRS, LEGAL REPRESENTATIVES, SUCCESSORS, AND ASSIGNS OF THE
PERMITTEE.
5. MINOR CHANGES MAY BE APPROVED ADMINISTRATIVELY BY THE
DIRECTOR OF DEVELOPMENT SERVICES, ENVIRONMENTAL HEALTH, OR
PUBLIC WORKS UPON RECEIPT OF A SUBSTANTIATED WRITTEN REQUEST
BY THE APPLICANT, OR THEIR RESPECTIVE DESIGNEE, PRIOR TO SUCH
APPROVAL, VERIFICATION SHALL BE MADE BY EACH DEPARTMENT OR
DIVISION THAT THE MODIFICATION IS CONSISTENT WITH THE
APPLICATION, FEES, PAID AND ENVIRONMENTAL DETERMINATION AS
CONDITIONALLY APPROVED. CHANGES DEEMED TO BE MAJOR OR
SIGNIFICANT IN NATURE SHALL REQUIRE A FORMAL APPLICATION FOR
AMENDMENT.
SPECIAL CONDITIONS OF APPROVAL 1-6:
1. IF REQUIRED, THE PARCEL MAP SHALL INCLUDE A CONDITION THAT
AT THE TIME OF SALE OR TRANSFER TO A NON-FAMILY MEMBER, A
SETBACK OR BUFFER BE IMPOSED PURSUANT TO POLICY 3.4 OF THE
AGRICULTURAL ELEMENT.
2. THE AGRICULTURAL PROCESSING PARCEL SHALL BE FOUND TO BE
CONSISTENT WITH THE WILLIAMSON ACT AGREEMENT.
3. PRIOR TO RECORDATION OF A FINAL MAP FOR THE SEGREGATION, THE
APPLICANT SHALL SIGN AND RECORD A COVENANT BINDING UPON THE
ORIGINAL OWNERS AND THEIR HEIRS, SUCCESSORS AND ASSIGNS,
WHICH DISALLOWS ADDITIONAL BUILDINGS FROM BEING LOCATED ON
THE AGRICULTURAL PARCEL. THE COVENANT SHALL BE IN THE FORM
APPROVED BY COUNTY COUNSEL.
4. NO WASTE FROM THE PROCESSING PLANT SHALL BE DISCHARGED INTO
ANY RECLAMATION DISTRICT 2056 CANALS.
5. CREATE THE PARCEL IN ACCORDANCE WITH THE PROVISIONS OF THE
STATE SUBDIVISION MAP ACT RND THE COUNTY SUBDIVISION
ORDINANCE.
6. APPLICANT MUST ALSO COMPLY WITH ALL OTHER APPLICABLE STATE
AND LOCAL STATUTES, ORDINANCES AND REGULATIONS.
S M
VOTE: 1 NP 2 Y 3 Y 4 Y S Y (Unanimously Carried)
Page 236 July 14, 1998
98-219 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)
98-220 CLOSED SESSION: The Board recessed at 10:55 a.m. to a continued
closed session conference with legal counsel for
consideration of public employee performance
evaluations pursuant to Government Code
Section 54957: 1. Agricultural Commissioner,
2. Chief Administrative Officer, 3. County
Counsel, 4. Director-Behavioral Health,
5. Director-Development Services, 6. Director -
Information Systems, 7. Director-Library,
8. Director-Public Health, 9. Director-Public
Works, 10. Director-Welfare, 11. Health Officer,
and 12. Public Guardian; conference with labor
negotiator pursuant to Government Code Section
54957.6: Agency negotiator: Bill Avery;
Employee organizations: Butte County Employees
Association, Butte County Management Employees
Association, Social Services Workers Unit, and
Butte County Law Enforcement Officers Association
(General Unit and Management-Supervisory Unit).
RECONVENE: The Board reconvened at 11:25 a.m. from a
continued closed session conference with legal
counsel for consideration of public employee
performance evaluations pursuant to Government
Code Section 54957: 1. Agricultural
Commissioner, 2. Chief Administrative Officer,
3. County Counsel, 4. Director-Behavioral Health,
5. Director-Development Services, 6. Director -
Information Systems, 7. Director-Library,
8. Director-Public Health, 9. Director-Public
Works, 10. Director-Welfare, 11. Health Officer,
and 12. Public Guardian; conference with labor
negotiator pursuant to Government Code Section
54957.6: Agency negotiator: Bill Avery;
Employee organizations: Butte County Employees
Association, Butte County Management Employees
Association, Social Services Workers Unit, and
Butte County Law Enforcement Officers Association
(General Unit and Management-Supervisory Unit).
(NO ANNOUNCEMENTS)
Page 237 July 14, 1998
98-221 Communications received and referred. (COPIES OF ALL
COMMUNICATIONS ARE AVAILABLE IN THE CLERK OF THE BOARD OFFICE.
A. Ronald G. Wicks, Director of Services, Independent Living
Services of Northern California, writes to the Board
notifying them that code violations exist at the building
located at 2445 Carmichael Drive, Chico. (REFER GENERAL
SERVICES DIRECTOR 6-17-98~
ADJOURNMENT: There being no further business before the Board,
the meeting was adjourned at 11:25 a.m. to
reconvene on Tuesday, July 28, 1998, at 9:00 a.m.
Fred C ''Davis, Chair
ATTEST:
John S. Blacklock, hief Administrative Officer
and Clerk of th B a d of Supervisors
L ~~,
By.
Page 238 July 14, 1998