HomeMy WebLinkAboutM080994
Call to order - Board of Supervisors room, County
Administration Building, 25 County Center Drive,
Oroville. Present: Supervisors V. 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 Tom Mount, Valley Community Church of
Chico.
94-229 Items removed from the Consent Agenda for Board
consideration and action.
1. Butte County Flexible Benefits Plan - proposed is a
replacement resolution that coordinates elected and
appointed officials retiring in good standing
before age 65 with the proposed County Flexible
Benefits Plan - action requested - ADOPT RESOLUTION
FIXING THE EMPLOYERS CONTRIBUTION UNDER THE PUBLIC
EMPLOYEES MEDICAL AND IiOSPITAL CARE ACT AND
AUTHORIZE THE CHAIR TO SIGN.
2. Enloe Hospital - proposed is a contract for the
provision of nursing services for the 1994-95
Options for Recovery Perinatal Program {fourth year
of the program). The contract, in the maximum
amount of $15,575 {STATE/COUNTY), provides a .30
full time Registered Nurse to work as a
Nurse/Trainer for foster parents and natural
parents of substance exposed infants and toddlers
involved in the Perinatal Program in the Children's
Services Division - action requested - APPROVE
AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN.
Page 218
August 9, 1994
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94-230 1. Approval of minutes - action requested - APPROVE
MINUTES OF JULY 26, 1994.
2. Budget transfers - action requested - APPROVE
BUDGET TRANSFER B-243 (FINAL 1993-94 BUDGET).
3. Setting of a public hearing - renaming of a private
road in the Chico area from Tailwind Drive (Dayton
Road to End) to Willow Landing Drive - action
requested - ADOPT RESOLUTION 94-84 SETTING A
PUBLIC HEARING FOR SEPTEMBER 13, 1994 AT 10:00 A.M.
4. City of Chico Bicycle Advisory Committee - action
requested - APPOINT NORA TODENHAGEN (COUNTY
REPRESENTATIVE). (FROM 7-26-94)
5. Charlotte and Don E. Speeqle, Oroville - file an
amendment to their original claim (filed by
claimants with the County on December 7, 1993) in
an unspecified amount against representatives of
the County who allegedly conducted an illegal and
warrantless raid on the property of Michael and
Sharon Oberholtzer, Bangor on or about November 2,
1993 which resulted in seizure of personal property
belonging to the Speegles (56 poodle dogs,
Winnebago motor home, and kennel equipment) -
action requested - REJECT AMENDMENT TO CLAIM AND
REFER TO RISK MANAGER AND COUNTY COUNSEL.
6. Butte County courthouse expansion - early site
improvement - plans and specifications have been
prepared for the subject project - action
requested - APPROVE PLANS AND SPECIFICATIONS AND
AUTHORIZE A CALL FOR BIDS WITH THE BID OPENING SET
FOR SEPTEMBER 1, 1994 AT 2:00 P.M. IN THE
ADMINISTRATIVE OFFICE CONFERENCE ROOM.
7. Adoption of a salary ordinance amendment that will
retroactively implement compensation adjustments to
the designated positions and classifications (Butte
County Employees Association arbitration agreement
approved by the Board on July 26, 1J94) - action
requested - ADOPT ORDINANCE 3148 AND AUTHORIZE THE
CHAIR TO SIGN. (FROM 7-26-94)
Page 219
August 9, 1994
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94-230 8. Adoption of a salary ordinance amendment retitling
the position of Manager-Mental Health Services and
Program Chief (class code 6110) to Assistant Mental
Health Director (class code 6110) and adding an
additional allocated position to the Mental Health-
General Services Budget Unit. No change is
proposed in the present salary range. All
appropriation increases are funded by non-general
fund monies - action requested - ADOPT ORDINANCE
3149 AND AUTHORIZE THE CHAIR TO SIGN. (FROM 7-26-
94)
9. Adoption of a salary ordinance amendment adding
three full time social worker positions and a half
time clerical position for the Supplemental
Security Income (SSI) Federal Outreach Budget Unit
(GAIN Program). These staff members will screen
and identify SSI eligible clients currently within
the welfare population and assist them in the
application process. The staff and all operating
costs for this program are 100$ grant funded. All
benefits for clients are 100$ federally funded.
Supplemental Security Income (SSI) Outreach and
Advocacy Program grant funding accepted by the
Board on 7-26-94) - action requested - ADOPT
ORDINANCE 3150 AND AUTHORIZE THE CHAIR TO SIGN.
(FROM 7-26-94)
10. Introduction of an ordinance adding Section 2 -
26.2 to Chapter 2, Article v of the Butte County
Code authorizing the north and south county
judicial districts, from time to time within their
respective districts for which each court is
established, to designate locations within public
and private educational institutions wherein their
small claims divisions may conduct sessions -
action requested - WAIVE READING OF THE ORDINANCE.
11. State Department of Consumer Affairs/Structural
Pest Control Board - proposed is a memorandum of
understanding to administer written certified
applicator examinations in accordance with
conditions as contained within the MOU. A fee of
$10 will be paid to the County by each person
taking the test - action requested - APPROVE
MEMORANDUM OF UNDERSTANDING AND AUTHORIZE THE
AGRICULTURAL COMMISSIONER TO SIGN.
Page 220
August 9, 1994
94-230 12. State Department of Water Resources/County of
Butte/Del Oro Water Company - proposed is amendment
no. 1 to the agreement (dated January 6, 1992) for
construction, operation, and maintenance of a
permanent turnout within Lake Oroville right of
way. The amendment to the contract, as requested
by Del Oro Water Company, contains no significant
changes which impact the County - action
requested - APPROVE AMENDMENT TO AGREEMENT AND
AUTHORIZE THE CHAIR TO SIGN.
13. SCT Software and Resources Management Corporation -
Amendment No. 4 - the amendment provides for
continuation of services at the Data Processing
Center for the period September 1, 1994 through
August 31, 1995 under the present terms of
$693,677 - action requested - APPROVE AMENDMENT
NO. 4 TO THE SCT AGREEMENT AND AUTHORIZE THE CHAIR
TO SIGN.
14. Butte county courthouse expansion - utility
relocation - an agreement to perform tariff
schedule related work has been prepared with
Pacific Gas and Electric Company in the amount of
$35,136 to relocate the existing 12kv overhead and
underground facilities - action requested - APPROVE
AGREEMENT AND AUTHORIZE THE GENERAL SERVICES
DIRECTOR TO SIGN.
15. Claims Management, Inc. (CMI) - proposed is a
renewal contract with CMI for workers' compensation
claims administration services in fiscal year 1994-
95. The annual cost of the contract is $103,463
(ALL DEPARTMENTS) which is approximately $9,600
more than last year's management fee and is
included in this year's proposed budget - action
requested - APPROVE CONTRACT AND AUTHORIZE THE
CHAIR TO SIGN.
16. H.R. 4068 California Forest Ecosystems Health Act
by Congressman Richard Lehman (Fresno) - action
requested - ADOPT RESOLUTION 94-85 IN SUPPORT AND
AUTHORIZE THE CHAIR TO SIGN. (FROM 7-26-94)
Page 221
August 9, 1994
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August 9. 1994
94-230 17. Richardson Springs Community Services District -
the District has submitted to the Board, for
approval by the code reviewing body, its Conflict
of Interest Code adopted by the District's Board of
Directors on June 3, 1994. County Counsel has
reviewed the submitted Code and approves of its
adoption - action requested - PURSUANT TO
GOVERNMENT CODE SECTION 87303(B), APPROVE THE
PROPOSED CODE AS SUBMITTED.
18. Cities of Chico, Gridley, and Oroville - submit
resolutions (Chico/resolution no. 19 94-95;
Gridley/resolution no. 35 [1994 series], and
Oroville/resolution no. 4917) requesting
consolidation of their General Municipal Election
with the Statewide General Election to be held
November 8, 1994 - action requested - CONSOLIDATE
MUNICIPAL ELECTION AS REQUESTED.
19. Special district elections - special district
(Chico Area Recreation and Park, Durham Recreation
and Park, Feather River Recreation and Park,
Paradise Recreation and Park, Richvale Recreation
and Park, E1 Medio Fire, Lake Oroville Area Public
Utility, Lime Saddle Community Services, Durham
Irrigation, Oroville-Wyandotte Irrigation, Paradise
Irrigation, Thermalito Irrigation, Magalia County
Water and Richardson Springs Community Services)
resolutions filed with the County Clerk request the
Board consolidate the General District Elections
with the Statewide General Election to be held
November 8, 1994 - action requested - DIRECT COUNTY
CLERK TO CONSOLIDATE SPECIAL DISTRICT ELECTIONS AS
REQUESTED.
20. School district general elections - the County
Clerk-Recorder requests the consolidation of
General School District (Bangor Union, Biggs
Unified, Butte Community College, Chico Unified,
Durham Unified, Feather Falls Union, Golden Feather
Union, Gridley Union Elementary, Gridley Union
High, Manzanita Elementary, Oroville City
Elementary, Oroville Union High, Palermo Union,
Paradise Unified, Pioneer Union Elementary,
Thermalito Union Elementary, Yuba County Board of
Education [part of Trustee area no. ?] ) Elections
with the Statewide General Election to be held
November 8, 1994 - action requested - DIRECT COUNTY
CLERK TO CONSOLIDATE GENERAL SCHOOL DISTRICT
ELECTIONS AS REQUESTED.
Page 222
August 9, 1994
August 9. 1994
94-230 21. Paradise Unified School District - submits
resolution no. 93/94-28 directing submission of a
measure asking the following: "To relieve
classroom overcrowding at all R-8 campuses, shall
the Paradise Unified School District construct and
lease-purchase elementary and middle school
classrooms in the unincorporated area of the
District and shall a portion of the tax rate
increase (not to exceed five cents per $100
assessed valuation) authorized on November 5, 1974,
be used exclusively for such purpose?"- action
requested - DIRECT PLACEMENT ON THE BALLOT FOR
THE NOVEMBER 8, 1994 GENERAL ELECTION AS REQUESTED.
MOTION: I MOVE TO APPROVE THE CONSENT AGENDA WITH THE
REMOVAL OF ITEMS 3.11 AND 3.17.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
Regular Agenda
94-231 Appointments - commissions and committees.
a. Appointments to committee vacancies. (NONE)
94-232 Director-Public Works - proposed is an employment
contract beginning August 29, 1994, with the salary of
$68,617 in accordance with the County's current salary
ordinance (department/restricted funds) - action
requested - APPROVE CONTRACT AND APPOINTMENT OF J.
MICHAEL GRUMP AS DIRECTOR-PUBLIC WORKS AND AUTHORIZE THE
CHAIR TO SIGN. (81)
MOTION: I MOVE TO APPROVE THE CONTRACT AND APPOINTMENT
OF J. MICHAEL GRUMP AS DIRECTOR-PUBLIC WORKS
AND AUTHORIZE THE CHAIR TO SIGN.
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
Page 223
August 9, 1994
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94-233 Presentation by United Way of Butte-Glenn Counties -
action requested - ADOPT A RESOLUTION PROCLAIMING 1994
THE 30TH UNITED WAY CAMPAIGN TO SUPPORT BUTTE COUNTY
RESIDENTS, APPROVAL OF A BROCHURE AND PLEDGE CARD TO EACH
COUNTY EMPLOYEE, AND THE OPPORTUNITY FOR EMPLOYEES TO
MAKE THEIR ANNUAL CONTRIBUTION TO UNITED WAY THROUGH
PAYROLL DEDUCTION. (224)
MOTION: I MOVE TO ADOPT RESOLUTION 94-86 PROCLAIMING
1994 THE 30TH UNITED WAY CAMPAIGN TO SUPPORT
BUTTE COUNTY RESIDENTS, APPROVAL OF A BROCHURE
AND PLEDGE CARD TO EACH COUNTY EMPLOYEE, AND
THE OPPORTUNITY FOR EMPLOYEES TO MARE THEIR
ANNUAL CONTRIBUTION TO UNITED WAY THROUGH
PAYROLL DEDUCTION.
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
94-234 Consideration of a request for adoption of a countywide
ordinance to protect horses used in rodeo events from the
practice known as "horse tripping" - action requested -
DIRECT STAFF TO PREPARE AN ORDINANCE HASED ON GLENN
COUNTY ORDINANCE.
MOTION: I MOVE TO DIRECT STAFF TO PREPARE AN ORDINANCE
BASED ON THE GLENN COUNTY ORDINANCE.
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
94-235 Animal Control - consider placement of measure on
November ballot. (335)
MOTION: I MOVE TO ADOPT RESOLUTION 94-87 CALLING AN
ELECTION FOR AN ADVISORY VOTE ON ESTABLISHMENT
OF A COUNTY SERVICE AREA TO PROVIDE ANIMAL
CONTROL SERVICES.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
94-236 Update on Sacramento legislative and budget activities.
(616) (REPORT BY JOHN S. BLACRLOCK, CHIEF ADMINISTRATIVE
OFFICER, ON THE STATE'S AT-RISK COUNTIES MEASURE)
Page 224
August 9, 1994
94-237 Items removed from the Consent Agenda for Board
consideration and action.
1. Butte County Flexible Benefits Plan - proposed is a
replacement resolution that coordinates elected and
appointed officials retiring in good standing
before age 65 with the proposed County Flexible
Benefits Plan - action requested - ADOPT RESOLUTION
FIXING THE EMPLOYER'S CONTRIBUTION UNDER THE PUBLIC
EMPLOYEES' MEDICAL AND HOSPITAL CARE ACT AND
AUTHORIZE THE CHAIR TO SIGN. (NO ACTION
TAKEN/CONTINUED TO AUGUST 23, 1994)
2. Enloe Hospital - proposed is a contract for the
provision of nursing services for the 1994-95
Options for Recovery Perinatal Program (fourth year
of the program). The contract, in the maximum
amount of $15,575 (STATE/COUNTY), provides a .30
full time Registered Nurse to work as a
Nurse/Trainer for foster parents and natural
parents of substance exposed infants and toddlers
involved in the Perinatal Program in the Children's
services Division - action requested - APPROVE
AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (NO
ACTION TAKEN/CONTINUED TO AUGUST 23, 1994)
Public Hearings and Timed Items
94-238 Public hearing - 1994-95 Butte County final budget.
(FROM 6-28-94) (704) (**00)
SPECIAL NOTE: Persons wishing to offer testimony for
Board of Supervisors consideration during
the final budget public hearing should
take note of California Government Code
Section 29088 which states in
part....."increases or additions (to the
proposed budget) shall not be made after
the public hearing, unless the items were
proposed in writing and filed with the
clerk of the board before the close of
the public hearing."
(HEARING OPENED AND CONTINUED OPEN TO AUGUST 23, 1994 AT
9:30 A.M.)
RECESS: 10:43 A.M.
RECONVENE: 11:05 A.M.
Page 225 August 9, 1994
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94-239 Public hearing - Nina Lambert - consideration of an
appeal of the Planning Commission's approval of the
Jeanne Shelsky use permit (negative declaration regarding
environmental impacts recommended) to allow the blending,
bottling, and storage of organic non-toxic nutrients as
a home occupation on property zoned SR-1 (Suburban
Residential - one acre parcels), property located on the
northwest corner of Butte Avenue and Miller Avenue,
identified as AP 004-490-073, Chico. (205)
MOTION: I MOVE FOR A MOTION OF INTENT TO UPHOLD THE
APPEAL AND DENY THE USE PERMIT. (HEARING
CONTINUED CLOSED TO SEPTEMBER 13, 1994)
M S
VOTE: 1 N 2 Y 3 N 4 Y 5 Y (Motion Carried)
Closed Session
94-240 CONFERENCE WITH LEGAL COUNSEL-ANTICIPATED LITIGATION (ONE
POTENTIAL CASE TO BE DISCUSSED) (GOVERNMENT CODE SECTION
54956.9[C]). {NONE)
94-241 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.)
1. Robert Millington, Attorney at Law, Gridley -
representinq JB's produce stand on Highway 70,
Oroville.
2. Jack Moon, Oroville - actions of the County against
the operation of his family's produce stand on
Highway 70, Oroville.
3. James Brown, Biggs - operator of a produce stand at
his home and restrictions imposed by the County's
Health Department (public rest room and
availability of hot and cold water.)
4. Jere Reynolds, Biggs - in support of home produce
stands and against restrictions.
5. Robert L. Cheney, Jr., Chico - spoke in support of
Jack and Marilyn Moon.
Page 226
August 9, 1994
94-241
94-242
6. Marilyn Moon, Oroville - to plead with the Board to
let her and her husband make a living (JB's produce
stand) .
7. Esther Mitchell, Marysville - raises freestone
peaches and is in support of her right to sell her
product at produce stands located other than on her
property.
(BOARD DIRECTION TO DEVELOPMENT SERVICESjHEALTH
DEPARTMENT TO STAY ENFORCEMENT UNTIL THIS MATTER IS
BROUGHT BACK BEFORE THE BOARD ON THE REGULAR AGENDA)
Communications received and referred. (COPIES OF ALL
COMMUNICATIONS ARE AVAILABLE IN THE CLERK OF THE BOARD
OFFICE.)
a. Wally Herqer, Congressman, 2nd District - advises
the Board that he has been contacted by leaders of
the Tyme Maidu Tribe, Berry Creek Rancheria, who
have requested his assistance in transferring
267.20 acres of Bureau of Land Management (BLM)
property to the tribe. The BLM fully supports this
land transfer. Congressman Herqer is requesting
Board input in this issue. (REFER TO DIRECTOR-
DEVELOPMENT SERVICES)
b. State Board of Corrections - announces to the Board
that approximately $20 million will be made
available for reallocation to counties from funds
reverted under the County Correctional Capital
Expenditure Fund. These are funds earmarked for
county jails. (REFER TO CHIEF ADMINISTRATIVE
OFFICER, SHERIFF-CORONER AND GENERAL SERVICES
DIRECTOR)
c. Senator Charles M. Calderon, Twenty-Sixth
District - writes requesting Board support for
SB 995, a measure he is authoring to allow cities
and counties to levy benefit assessments to support
law enforcement activities. (REFER TO CHIEF
ADMINISTRATIVE OFFICER)
Page 227
August 9, 1994
94-242 d. Janet S. Cobb, President, California Oak
Foundation, Oakland, CA - forwards draft general
plan language to protect the vital oak woodlands
within our County, a booklet, "Tying Impact
Mitigation Requirements to Local General Plans,"
and a copy of Oaks of California, a book on oaks.
The Foundation requests that this matter be placed
on the Board agenda for presentation of a slide
show and supplementary materials. (REFER TO
DIRECTOR-DEVELOPMENT SERVICES, AGRICULTURAL
COMMISSIONER AND FARM ADVISOR)
ADJOURNMENT: There being no further business before
the Board, the meeting was adjourned at
1:05 p.m. to reconvene on Tuesday,
August 16, 1994 at 8:30 a.m.
L
ED McLAUGHLIN, HAIR
Butte County Board of Supervisors
ATTEST:
JOHN S. BLACRLOCK, hief Administrative Officer
and C erk of the ~ard of Supervisors
i
By:
Page 228
August 9, 1994