HomeMy WebLinkAboutM081396MINUTES
BOARD OF SUPERVISORS
ED McLAUQHLIN, 4th District, Chsir
VIVIAN MEYER, 1st District
JANE DOLAN, 2nd District
MARY ANNE HOUX, 3rd District
GORDON THOMAS, 5th District
August 13. 1996
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 Dorothy Bell, Deputy Clerk of the Board.
Pledge of allegiance to the Flag of the United States of America.
Invocation -Chaplain E. A. North, Civil Air Patrol, Squadron 141, Oroville.
Chair McLaughlin, on behalf of the Board, extended prayers and sympathy to the
families of Captain Randy Roby and the innocent bystander who died in the recent,
tragic crash of a U2 spy plane into the Oroville Mercury Register newspaper building.
Consent A eR nda
96-218 1. Approval of minutes - action requested -APPROVE MINUTES OF
JULY 23, 1996.
2. Budget transfer - action requested -APPROVE BUDGET TRANSFER
B-251 (AUDITOR`S PRELIMINARY CLOSING BUDGET TRANSFER
FOR 1995-96.)
3. County Library donations - in accordance with Government Code Section
25355, donations of $1,354 from Chico Friends of the Library, $1,315 from
Friends of the Library-Oroville, $1,000 from Gridley Friends of the Library,
$400 from Quota International of Paradise, and $200 from Butte Libraries
Foundation have been received for the Butte County Trust Fund for the
purchase of books -action requested -ACCEPT DONATIONS AND
AUTHORIZE LETTERS OF APPRECIATION.
4. AT&T Wireless Services -the firm is abandoning two 8x8x20 modular
communication buildings on County property and has agreed to donate them
to Butte County -action requested -ACCEPT DONATION.
Page 228 August 13, 1996
August 13. 1996
96-218 5. Volpato Chrysler-Plymouth, Chico -has donated a 198b Chevrolet Celebrity
sedan (vehicle identification no. 1 G 1 AW 19X4G6285004), valued at $2,200,
to the Butte County Sheriffs Office for use by the Sheriff's Team of Active
Retired Seniors (STARS) -action requested -ACCEPT DONATION AND
AUTHORIZE LETTER OF APPRECIATION.
6. Assessment Appeals Board -action requested -APPOINT CLIFFORD B.
VINSONHALER AS A BOARD MEMBER, ALTERNATE, TO A TERM
TO EXPIRE SEPTEMBER 6, 1999.
7. Larry L. Baumbach, attorney at law, on behalf of Patricia Driscoll -files an
application for leave to present a late claim in an unspecified amount on a
cause of action for alleged wrongful death of Ramona Driscoll which occurred
on or about December 15, 1995 - action requested - ACCEPT
APPLICATION FOR LEAVE TO PRESENT A LATE CLAIM; REJECT
CLAIM AND REFER TO RISK MANAGER AND COUNTY COUNSEL.
8. Conveyance of County property -Public Works Department -Board
authorization is requested for the donation of four Kustom KR-IOSP radar
units with dual directional antermas and hand-held remote controls, which are
maintained by the County and loaned to the Chico Office (serial nos. EE 11461
[County asset no. 19751] and EE11462 [County asset no. 19753]) and
Oroville Office (serial nos. EE11182 [County asset no. 19752] and EE 11467
[County asset no. 19754]) of the California Highway Patrol (CHP) for use in
speed enforcement, to the CHP for their continued use. Due to the age of the
units and to effect budget savings, maintenance of the units is not budgeted
for fiscal year 1996-97 -action requested -AUTHORIZE CONVEYANCE
OF FIXED ASSET ITEMS. (FROM 7-23-96)
9. Conveyance of County property -Fire Department -Board authorization is
requested for the transfer a 1954 GMC fire engine (County asset no.
946/vehicle license no. E132339/vehicle identification no. 5036256) to the
Clipper Mills Volunteer Fire Company for disposal. The fire engine, donated
to the County by the Fire Company on June 17, 1986, has been taken out of
service and declared unsafe for operation due to mechanical problems that are
cost prohibitive to repair -action requested -AUTHORIZE PUBLICATION
OF NOTICE OF INTENTION TO CONVEY COUNTY PROPERTY
PURSUANT TO GOVERNMENT CODE SECTIONS 25365 AND 6061.
Page 229
August 13, 1996
August 13, 1996
96-218 10. Fire Department -pursuant to the Federal Property and Administrative Act
of 1949 (Federal excess property), the department has returned to the General
Services Adnunistration (Federal excess property manager) a 1971
International 3/4 ton pickup (County no. 809/property asset no.
C018382/Federal excess no. AG000134213/license no. E471929) -action
requested - DELETE FROM DEPARTMENT'S FIXED ASSET
PROPERTY INVENTORY.
11. Annexation of property (AP 028-300-027) to Oroville-Wyandotte Irrigation
District (OWID) - a resolution has been prepared authorizing the Fire
Department to make an annexation application to OWID for the Bangor Fire
Station property -action requested -ADOPT RESOLUTION 9b-90 AND
AUTHORIZE THE CHAIR TO SIGN.
12. Sheriff sOffice - OH-58C/OH-58A+ helicopters -action requested:
A. DECLARE AS SURPLUS TWO OH-58C HELICOPTERS (SERIAL
NOS. 71-20597 AND 71-20822);
B. APPROVE THE OH-58A+ RETROFIT BID PACKAGE; AND
C. AFFIRM THAT ANY RESIDUAL FUNDS WII.L BE USED IN
DRUG INTERDICTION, SUPPRESSION, OR ENFORCEMENT
ACTIVITIES.
13. Resolution confirming and increasing the change funds for the Court
Executive OfficerButte County Consolidated Courts (Government Code
Section 29320 et seq.) -action requested -ADOPT RESOLUTION 96-91
AND AUTHORIZE THE CHAIR TO SIGN.
14. Establishment of reserve account in Fund 0030 for replacement of Public
Works Oroville Yard fueling facilities - by December 31, 1998, the existing
underground fuel tanks in the Oroville Yard must be removed and replaced
with tanks that are in compliance with U.S. Environmental Protection Agency
regulations, which will necessitate a substantial expenditure, estimated at
approximately $130,000. The Department has met with the Auditor-
Controller and he concurs that it would be appropriate to establish a 15%
surcharge on all fuel dispensed at the Oroville facility to fund, over a period
of approximately four years, the installation cost of the required new facilities.
Upon reimbursement of all installation costs incurred, the surcharge would be
reduced to a level to fund ongoing maintenance, operation and monitoring
expenses - action requested - AUTHORIZE THE AUDITOR-
CONTROLLER TOESTABLISH ARESERVE ACCOUNT IN FUND 0030
FOR THE PURPOSE OF FUNDING THE REPLACEMENT COST OF
THE PUBLIC WORKS OROVII,LE YARD FUELING FACILITIES.
Page 230 August 13, 1996
August 13, 1996
96-218 15. 1995 Butte County Fair audit -the Secretary/Manager of the Butte County
Fair submits to the Board the results of the 1995 Butte County Fair audit
performed by the accountancy firm of Matson & Isom -action requested -
ACCEPT FOR INFORMATION.
16. Adoption of a salary ordinance amendment -Consolidated Courts
Classification Study - the Personnel Department has completed adepartment-
wide classification study for the consolidation of the entire court system and
as a result of the study, recommends the following:
Court Clerk Classification Series lSu~ervisory, and Clerk Classes Retitle two
Municipal Court Administrators to Deputy Court Executive Officer; reclassify
one Superior Court. Administrative Officer/Jury Commissioner to Deputy
Court Executive Officer; Y-rate two Assistant Municipal Court
Administrators to Court Services Coordinator II; retitle two Supervisor-
Superior Court Clerks to Court Services Coordinator I; retitle four
Supervising Court Clerks or Supervising Superior Court Clerks to Court
Clerk IV; Y-rate one Supervising Court Clerk to Court Clerk III; and retitle
five Superior Court Clerk II to Court Clerk III; and
Courts Administrative and Clerical Sunnort Classification Series: Reclassdv
one Administrative Analyst I to Administrative Analyst II; eliminate Court
Staff Services Assistant; Y-rate one Legal Secretary II to Court Clerk III; Y-
rate one Secretary I to Court Clerk II; reclassify one Office Assistant III to
Court Clerk I; and reclassify two Office Assistant II to Court Clerk I.
As part of the reorganization of the courts, the proposed salary ordinance
eliminates approximately seven separate budgetary units, and creates one
department budget unit recognized as the Butte County Consolidated Courts
Budget. Total cost to the Consolidated Court for implementation of the
recommended classification study on an annualized fiscal basis is less than
$23,000 (Department Budget) -action requested -ADOPT ORDINANCE
3284 AND AUTHORIZE THE CHAIR TO SIGN. (FROM 7-23-96)
17. Adoption of a salary ordinance amendment -Mental Health Department -
which reallocates a current vacant position of Administrative Services
Assistant (salary range 1130) to the flexibly staffed classification of Auditor-
Accountant I, II (salary range 1152 and 1172 respectively.) The recent influx
of grant activity has required a reassessment of staffing needs showing an
increase in the level of auditing and accounting functions performed by the
department (department budget) -action requested -ADOPT ORDINANCE
3285 AND AUTHORIZE THE CHAIR TO SIGN. (FROM 7-23-96)
Page 231 August 13, 1996
Aus~st 13. 1996
96-218 18. Award of bid for reconstruction of roadway shoulders and installation of
storm drain facilities on 12th Street from Bonnie Lane to Sierra Avenue,
Federal No. ER-2821(001), County project no. 26451-95-1 -action
requested -AWARD CONTRACT TO LOW BIDDER, HUTCHINS
PAVING & ENGINEERING, INC. IN THE AMOUNT OF $111,983, AND
AUTHORIZE CHAIR TO SIGN CONTRACT SUBJECT TO APPROVAL
OF COUNTY COUNSEL AND AUDITOR-CONTROLLER.
19. Approval of plans and specifications for regrading of Durnel Drive, from
Grainland Road to 1.45 miles south, County project no. 32253-96-1 -
proposed is an additional road reconstruction project not identified and
approved in the fiscal year 199b-97 proposed budget. The project is an air
quality enhancement project to regrade and surface Durnel Drive, a gravel
road, from Grainland Road to 1.45 miles south. The construction cost is
estimated at $130,000 to be funded with $75,000 provided under the Butte
County Air Quality Management District's Motor Vehicle Emissions
Reduction Grant Program and $55,000 from a total of the $86,500 savings
realized from the recently awarded paving overlay project AC-96-2 -action
requested -APPROVE PLANS AND SPECIFICATIONS; ADOPT WAGE
SCALE; AND AUTHORIZE PUBLIC WORKS TO ADVERTISE FOR
BIDS.
20. Approval of plans and specifications for construction of Meridian Road
Bridge across Desolation Ditch, County project no. 65133-96-1 -plans and
specifications have been completed for the project -action requested -
APPROVE PLANS AND SPECIFICATIONS; ADOPT WAGE SCALE;
AND AUTHORIZE PUBLIC WORKS TO ADVERTISE FOR BIDS.
21. Program Supplement No. 081 to Local Agency -State Agreement for
Federal-Aid Project No. 03-5912 -reimbursement of funds for qualified
projects under Local Agency-State Agreement for Federal-Aid Project No.
03-5912 requires execution of a Program Supplement to the Master
Agreement. Program Supplement No. 081 covers funding for reimbursement
of engineering and construction costs for the proposed project to place traffic
striping and markers on various County roads (Federal funds $360,000/Local
Matching 0(fotal $360,000) -action requested -ADOPT RESOLUTION 96-
92 AUTHORIZING EXECUTION OF PROGRAM SUPPLEMENT NO.
081 AND AUTHORIZE THE CHAIR TO SIGN.
22. Resolution declaring a stop intersection - Detlow Road at Big Bend Road,
Oroville azea -action requested -ADOPT RESOLUTION 96-93 AND
AUTHORIZE THE CHAIR TO SIGN.
Page 232 August 13,1996
August 13. 1996
96-218 23. Intercounty Pipeline Rights-of-Way Settlement Agreement -after many years
of litigation as to assessment methodology, the various pipeline companies
and stafffrom over 50 counties have agreed to a resolution. Presented to the
Board is the settlement agreement; the roll corrections are prepared and have
been submitted to the Assessment Appeals Board -action requested -
APPROVE SETTLEMENT AGREEMENT AND AUTHORIZE THE
CHAIR TO SIGN.
24. Assignment of counsel -County Counsel proposes the assignment of Garske
v. County of Butte to the law firm of Porter, Scott, Weiberg & Delehant -
action requested -APPROVE ASSIGNMENT OF COUNSEL.
25. Gregory P. Einhorn -proposed is an agreement to retain attorney services for
litigation/consultation fora term of one year from the date of approval of the
agreement by the Board, and may continue in effect after the expiration of one
year from the date hereof until said agreement is canceled according to the
terms of this agreement -action requested -APPROVE AGREEMENT AND
AUTHORIZE THE CHAIR TO SIGN. (Contract no. X10238)
26. Craig & Shepherd -proposed is an agreement to retain attorney services for
certain litigation/consultation for a term of one year from the date of approval
of the agreement by the Board, and may continue in effect after the expiration
of one year from the date hereof until said agreement is canceled according
to the terms of this agreement -action requested -APPROVE AGREEMENT
AND AUTHORIZE THE CHAIR TO SIGN. (Contract no. X10233)
27. Stewart, Humpherys, Burchett, Sandelrnan & Molin -proposed is an
agreement to retain attorney services for certain litigation/consultation for a
term of one year from the date of approval of the agreement by the Board,
and may continue in effect after the expiration of one year from the date
hereof until said agreement is canceled according to the terms of this
agreement - action requested - APPROVE AGREEMENT AND
AUTHORIZE THE CHAIR TO SIGN. (Contract no. X 10240)
28. Barry Fretwell, Lessor -proposed is amendment no. 2 to a lease agreement
covering the property located at 2680 South Fifth Avenue, Suite E, Oroville
extending the term of the agreement from June 16, 1996 through June 15,
1997 for the monthly rent fee of $480 (Department budget.) The rental
property is used by the Butte County Consolidated Courts for file storage. It
is anticipated that with the completion of the new courthouse, the use of the
rental property will be phased out -action requested -APPROVE
AMENDMENT TO AGREEMENT AND AUTHORIZE THE CHAIR TO
SIGN. (Contract no. X 10126)
Page 233
August 13, 1996
Au~,ust 13. 1996
96-218 29. CSE Resowces, Inc. -proposed is a software license (Support Enforcement
Tracking System "SETS"), support and modification agreement for the
District Attorney's Family Support Division computer system at a cost of
$6,085.80 per month from August 1, 1996 to July 31, 1997 (Department
budget) -action requested -APPROVE AGREEMENT AND AUTHORIZE
THE DISTRICT ATTORNEY TO SIGN ON BEHALF OF THE COUNTY.
(Contract no. X10132)
30. William W. Lewis and Joan O. Lewis, Chico -proposed is a commercial lease
for 2542 Highway 32, Chico commencing July 1, 1996 through June 30, 1997
in the sum of $900 per month for the Fire Department's Station 43 -action
requested -APPROVE AGREEMENT AND AUTHORIZE THE CHAIR
TO SIGN. (Contract no. X10156)
31. California Department of Toxic Substances Control (contract no. 95-T0995) -
Amendment No. A-1 -Fire Department/Hazardous Materials Unit -the
proposed amendment corrects the original contract language to include the
counties of Butte, Sutter, Yuba, Glenn, Tehama, Shasta, Siskiyou, Mono,
Lassen, Plumas, Trinity, Colusa, and Siena -action requested -APPROVE
AMENDMENT NO. A-1 AND AUTHORIZE THE CHAIR TO SIGN.
32. JaiUJuvenile Hall medical services agreement -amendment no. 1 -the
amendment with California Forensic Medical Group, Inc. (CFMG) extends
the current agreement for three years through August 31, 1999; adjusts the
current contract amount (COLA) by 2.4% instead of the projected 3.0%; sets
the Jail population at 400 inmates for per diem increase purposes; increases
the per diem rate from $1.66 to $1.76 per inmate date; and clarifies the
staffing patterns -action requested -APPROVE AMENDMENT NO. 1 TO
AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contact no.
X00969)
33. River City Bank/Aircon Energy, Inc. -escrow agreement - an agreement has
been prepared with the energy management contractor, Aircon Energy, Inc.,
setting forth an alternate form of the ten percent payment withhold. The
agreement names River City Bank of Sacramento, CA as the escrow agent -
action requested -APPROVE AGREEMENT AND AUTHORIZE THE
GENERAL SERVICES DIRECTOR TO SIGN. (Contract no. X10252)
34. Pitney Bowes -General Services/Mail Room -the rentaUmaintenance
agreement provides for the rental and maintenance of a Pitney Bowes
PARAGON 2000 mailing system for four years at a cost of $7,604 for the
first year and $8,981 for each of the remaining three years -action
requested -APPROVE AGR.E;EMENT AND AUTHORIZE THE GENERAL
SERVICES DIRECTOR TO SIGN. (Contract no. X10258)
Page 234
August 13, 1996
August 13. 1996
96-218 35. California Department of Alcohol and Drug Programs/County Alcohol, Drug
and Mental Health Services -proposed is amendment no. A-2 to contract no.
NNA04-94, which amends the total amount of this contract by $621,335 for
a new total not to exceed $4,757,184 for the three-year contract period. The
prior amount encumbered for fiscal year 1995-96 was $1,244,952; an
additional $621,335 is being added by this amendment for a grand total of
$1,866,287 (the effective date of this amendment is July 1, 1995) -action
requested - APPROVE AMENDMENT TO AGREEMENT AND
AUTHORIZE THE CHAIR TO SIGN.
36. Crestwood Convalescent Hospital -proposed is an amendment to the fiscal
year 1995-96 agreement for the provision of meals to the County's Alcohol,
Drug and Mental Health Services Psychiatric Health Facility which increases
the maximum amount of the contract from $42,487.50 to $52,3 ] 6 (total meals
provided during the contract period 9,512 at $5.50/meal) (Realignment). The
effective date of this amendment is June 1, 1996 -action requested -
APPROVE AMENDMENT TO AGREEMENT AND AUTHORIZE THE
CHAIR TO SIGN. (Contract no. X10043)
37. Tehama Recovery Center, Inc./County Alcohol, Drug and Mental Health
Services -proposed is an amendment to the fiscal year 1995-96 agreement for
the provision of perinatal treatment services, which allows infants and small
children to accompany their mothers while in an alcohol and drug free
residential treatment program which increases the maximum amount of the
contract from $54,565 to $57,924.50 (Realignment) -action requested -
APPROVE AMENDMENT TO AGREEMENT AND AUTHORIZE THE
CHAIR TO SIGN. (Contract no. X10020)
38. State Department of Health Services - 1995-96 Women, Infants and Children
(WIC} agreement (contract no. 95-22867) -under the terms of the proposed
amendment (no. Al), the State will provide an additional $14,310 in funds to
cover the cost of increasing the number of monthly participants from 5,625 to
5,925. The effective date of the amendment is April 1, 1996 -action
requested - APPROVE AMENDMENT TO AGREEMENT AND
AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF
COUNTY COUNSEL AND THE AUDITOR-CONTROLLER.
39. State Department of Health Services -tobacco education agreement (no. 89-
97893) -under the tenors of the proposed amendment (no. A07), the contract
period is extended through June 30, 1998, and provides 100% State funding
for use in 1996-97 in the amount of $164,184 -action requested -APPROVE
AMENDMENT TO AGREEMENT AND AUTHORIZE THE CHAIR TO
SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE
AUDITOR-CONTROLLER.
Page 235
August 13,1996
August 13, 1996
96-218 40. A/C Industrial Services Corporation -Household Hazardous Waste (HI~iV~
Collection Program -proposed is an agreement to conduct aone-day HHW
collection event to be held in October, 1996 to serve Durham and its
surrounding unincorporated areas, and open to all County residents. Public
Works has estimated the total cost of this event to be approximately $25,000
to $35,000 (California Integrated Waste Management Board Grant Fund.} It
is projected that from 250 to 350 customers will participate in this HHW
collection event -action requested -APPROVE AGREEMENT, AT A COST
NOT TO EXCEED $38,000, AND AUTHORIZE THE CHAIIt TO SIGN.
(Contract no. X 1025 l )
41. U. S. Department of Justice (DOJ) -Federal Asset Forfeiture Program
(Program) - in order to participate in the Program, it is necessary for the
County to complete certification requirements for "Federal Equitable Sharing
of Federally Forfeited Property for State and Local Law Enforcement
Agencies" -action requested -APPROVE SUBMITTAL OF THE
FEDERAL ANNiJAL CERTIFICATION REPORT AND AUTHORIZE
THE CHAIR TO SIGN; AND AUTHORIZE SUBMITTAL OF THE
FEDERAL EQUITABLE SHARING AGREEMENT AND AUTHORIZE
THE CHAIR TO SIGN SUBJECT TO APPROVAL OF AUDITOR-
CONTROLLER AND COUNTY COUNSEL.
MOTION: I MOVE TO APPROVE THE CONSENT AGENDA AS
PRESENTED.
M S
VOTE: l Y 2 Y 3 Y 4 Y S Y (Unanimously Carried)
Re lgu ar Agenda
96-219 Appointments -commissions and committees.
A. Appointments to committee vacancies. (NONE)
96-220 Update on Sacramento legislative and budget activities. (JOHN S. BLACKLOCK,
CHIEF ADMINISTRATIVE OFFICER, PROVIDED INFORMATION RELATED
TO THE FEDERAL WELFARE REFORM PACKAGE, AND ANNOUNCED A
JOINT CONIlvIITTEE MEETING OF THE LEGISLATURE NEXT MONDAY TO
ADDRESS AB 8 ISSUES. HE WII,L ATTEND ALONG WITH SUPERVISOR
HOUX AND DICK PUELICHER, TREASURER TAX-COLLECTOR)
Page 23b
August 13, 199b
August 13, 1996
96-221 California State University, Chico -Data Processing -the Data Processing Steering
Committee recommends contractual arrangements with California State University,
Chico to provide information management services to include problem identification,
completion of specific projects, and maintenance of existing systems as needed -
action requested - APPROVE CONTRACT/OR MODIFICATION AS
RECOMMENDED BY STEERING COMMITTEE AND AUTHORIZE THE
CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE
AUDITOR-CONTROLLER. (l42) (CONTINUED TO LATER IN
MEETING/REFER TO MINUTE ORDER NO.96-232)
96-222 Report to the Board -effective September 1, 1996, Great-West Life and Annuity
Insurance Company will replace First Interstate Bank/Wells Fargo Bank as the
County's Deferred Compensation/457 Plan Administrator. (638) (REPORT TO
THE BOARD BY DAVE HOUSER, AUDITOR-CONTROLLER, AND MEMBER
OF THE DEFERRED COMPENSATION RABBI TRUST COMMITTEE)
Page 237
August 13, 1996
August 13. 1996
96-223 Draft Bell Muir Area Improvement Plan -action requested:
A. APPROVE THE PLAN IN CONCEPT ;
B. INVITE AREA RESIDENTS TO COLLECT SIGNATURES
PETITIONING THE BOARD TO FORM A COUNTY SERVICE AREA
(CSA) BASED UPON THE IlVIPROVEMENT PLAN CONCEPT; AND
C. REFER TO THE DEVELOPMENT SERVICES DEPARTMENT, FOR
COORDINATION WITH THE AUDITOR-CONTROLLER AND
ADMINISTRATIVE OFFICE, THE PREPARATION OF A BUDGETARY
FEASIBILITY STUDY TO INCLUDE ANY PERTINENT POLICY
ISSUES, OF THE PROPONENTS' REQUEST FOR A COUNTY LOAN
TO THE PROPOSED CSA IN ORDER TO EXPEDITE THE
PREPARATION OF ENGINEERING WORK. (780)
MOTION: I MOVE TO A) APPROVE THE PLAN IN CONCEPT
INCLUDING CONSIDERATION OF A LESS WIDE ROAD
STANDARD TO ALLOW AREA PROPERTY OWNERS AND
RESIDENTS TO WORK WITH THEIR ENGINEER TO PROPOSE
DESIGN STANDARDS THAT TAKE INTO CONSIDERATION
MAINTENANCE CONCERNS EXPRESSED BY THE
DIRECTOR-PUBLIC WORKS; B) IIWITE AREA RESIDENTS
TO COLLECT SIGNATURES PETITIONING THE BOARD TO
FORM A COUNTY SERVICE AREA (CSA) BASED UPON THE
IlVIPROVEMENT PLAN CONCEPT; AND C) RF~IItTOTHE
DEVELOPMENT SERVICES DEPARTMENT, FOR
COORDINATION WITH THE AUDITOR-CONTROLLER AND
ADMINISTRATIVE OFFICE, THE PREPARATION OF A
BUDGETARY FEASIBII.ITY STUDY TO INCLUDE ANY
PERTINENT POLICY ISSUES, OF THE PROPONENTS'
REQUEST FOR A COUNTY LOAN TO THE PROPOSED CSA IN
ORDER TO EXPEDITE THE PREPARATION OF ENGINEERING
WORK.
M S
MOTION: I Y 2 Y 3 Y 4 Y S Y (Unanimously Carried)
96-224 Items removed from the Consent Agenda for Board consideration and action.
(NONE)
RECESS: 10:25 A.M.
RECONVENE: 10:45 A.M.
Page 238
August 13, 1996
August 13, 1996
Public Hearings and Timed Items
96-225 Public hearing - 1996-97 Butte County Final Budget -action requested:
A. OPEN PUBLIC HEARING ON THE FINAL BUDGET FOR FISCAL
YEAR 1996-97 AND TAKE COMMENTS FROM COUNTY OFFICIALS
AND THE PUBLIC;
B. CONTINUE HEARING OPEN TO 10:00 A.M., TUESDAY, AUGUST 27,
1996, CLOSE HEARING; AND
C. SET TUESDAY, SEPTEMBER 10, 1996 FOR ADOPTION OF THE
FINAL BUDGET FOR FISCAL YEAR 1996-97. (FROM 6-25-96)
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." (2285) (**00) (HARING OPENED)
(SUPERVISOR DOLAN NOT PRESENT/SUPERVISOR DOLAN PRESENT)
MOTION: I MOVE TO MAKE THE DETERMINATION THAT THERE IS A
NEED FOR IlVIMEDIATE ACTION (TO COMPLETE THE BUILD
UPS ON THE TWO SQUAD VEHICLES FOR TH PALERMO
AND BUTTE COLLEGE VOLUNTEER SQUADS, AND TO
COMPLETE THE RESCUE UNIT FOR THE KELLY RIDGE
VOLUNTEER SQUAD USING A PROJECTED $70,700 IN
CONTRACT ROLLOVER SAVINGS) WHICH CANNOT
REASONABLY WAIT FOR THE NEXT REGULARLY
SCHEDULED MEETING, AND TH NEED FOR IlvIl~~DIATE
ACTION CAME TO THE BOARD'S ATTENTION AFTER THE
AGENDA HAD ALREADY BEEN POSTED (GOVERNMENT
CODE SECTION 54954.2(b)(2).)
M S
VOTE: l Y 2 N 3 N 4 N S Y (Motion Failed to Carry)
MOTION: I MOVE TO CONTINUE HEARING OPEN TO TUESDAY,
AUGUST 27, 1996 AT 10:00 A.M., CLOSE HEARING, AND SET
TUESDAY, SEPTEMBER 10, 1996 FOR ADOPTION OF THE
FINAL BUDGET FOR FISCAL YEAR 1996-97.
S M
VOTE: l Y 2 Y 3 Y 4 Y S Y (Unanimously Carried)
Page 239 August 13, 1996
August 13, 1996
9b-226 Continued hearing -Amendment 13 to Water Supply Contract between County of
Butte and California Department of Water Resources (the "Monterey Agreement") -
consideration of the Final Environmental Impact Report (FEIR) for implementation
of the Monterey Agreement Statement of Principles by the State Water Contractors
and the State of California Department of Water Resources for potential amendments
to the State water supply contracts -action requested -ADOPTION OF A
RESOLUTION ADOPTING FINDINGS AND A MITIGATION MONITORING
PROGRAM, APPROVING THE MONTEREY AGREEMENT, AND
AUTHORIZING THE CHAIR OF THE BOARD TO EXECUTE SAID
AGREEMENT. (FROM 6-11-96) (1427)
MOTION: I MOVE TO ADOPT RESOLUTION 96-94 ADOPTING
FINDINGS AND A MITIGATION MONITORING PROGRAM,
APPROVING THE MONTEREY AGREEMENT, AND
AUTHORIZING THE CHAIR OF THE BOARD TO EXECUTE
SAID AGREEMENT.
M S
VOTE: 1 N 2 Y 3 Y 4 Y S Y (Motion Carried)
96-227 Public hearing - Kuldip S. Madare - petition to abandon a public right-of--way (Fagan
Street, on the East side of Larkin Road), Gridley -action requested -STAFF
RECOMMENDS THAT THE BOARD CONCUR WITH THE PLANNING
COMMISSION AND ADOPT A RESOLUTION AND AUTHORIZE THE CHAIR
TO SIGN APPROVING THE ABANDONMENT OF FAGAN STREET SUBJECT
TO ENVIRONMENTAL/GENERAL PLAN FINDINGS AND CONDITIONS
1. AND 2. (STAFF REPORT DATED JULY 8, 1996). (FROM 6-25-96) (2023)
MOTION: I MOVE THAT THE BOARD CONCUR WITH THE PLANNING
COMMISSION AND ADOPT RESOLUTION 96-95 AND
AUTHORIZE THE CHAIR TO SIGN APPROVING THE
ABANDONMENT OF FAGAN STREET SUBJECT TO
ENVIRONMENTAL/GENERAL PLAN FINDINGS AND
CONDITIONS 1. AND 2. (STAFF REPORTED DATED JULY 8,
1996.)
S M
VOTE: l Y 2 Y 3 Y 4 Y S Y (Unanimously Carried)
Page 240
August 13, 1996
August 13, 1996
96-228 Public hearing -Terry Pooler -abandonment of public right-of--way for a portion of
lots 113 and 152 of the Town of Richvale (Book 6 of maps at page 53, Butte County
Records), on Rice Avenue and Caloro Street, Richvale -action requested -STAFF
RECOMMENDS THAT THE BOARD CONCUR WITH THE PLANNING
COMMISSION AND ADOPT A RESOLUTION AND AUTHORIZE THE CHAIR
TO SIGN APPROVING THE ABANDONMENT FOR A PORTION OF LOTS 113
AND 152 OF THE TOWN OF RICHVALE SUBJECT TO
ENVIRONMENTALJGENERAL PLAN FINDINGS AND CONDITION 1.
(STAFF REPORT DATED JUNE.27, 1996.) (FROM 6-25-96) (2140)
MOTION: I MOVE THAT THE BOARD CONCUR WITH THE PLANNING
COMMISSION AND ADOPT RESOLUTION 96-96 AND
AUTHORIZE THE CHAIR TO SIGN APPROVING THE
ABANDONMENT FOR A PORTION OF LOTS 113 AND 152 OF
THE TOWN OF RICHVALE SUBJECT TO
ENVIItONMENTAL/GENERAL PLAN FINDINGS AND
CONDITION 1. (STAFF REPORTED DATED JUNE 27, 1996.)
S M
VOTE: l Y 2 Y 3 Y 4 Y S Y (Unanimously Carved)
96-229 Public hearing -D.A.J. Trust -consideration of a rezone (item on which a negative
declaration regarding environmental impacts has been recommended) from FR-40
(Foothill Recreational - 40 acre parcels) to FR-20 (Foothill recreational - 20 acre
parcels) for 120+ acres, property located on the east side of Cohasset Road, north of
Richardson Springs Road and south of Keefer Road, identified as APN 047-230-061,
-072, and 047-280-063, north Chico -action requested -STAFF RECOMMENDS
THAT THE BOARD CONFIRM THE PLANNING COMMISSION'S
RECOMMENDATION AND ADOPT AN ORDINANCE REZONING TO FR-20
THAT PROPERTY IDENTIFIED AS APN 047-230-061, -072, AND 047-280-063
AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO ENVIRONMENTAL
FINDINGS A-C AND ZONING FINDINGS A (STAFF REPORT DATED
JULY 29, 1996.) (2155}
MOTION: I MOVE THAT THE BOARD CONFIRM THE PLANNING
COMMISSION'S RECOMMENDATION AND ADOPT THE
NEGATIVE DECLARATION AND ORDINANCE 3286
REZONING TO FR-20 THAT PROPERTY IDENTIFIED AS APN
047-230-061, -072, AND 047-280-063 AND AUTHORIZE THE
CHAIR TO SIGN SUBJECT TO ENVIRONMENTAL FINDINGS
A-C AND ZONING FINDINGS A (STAFF REPORT DATED
JULY 29, 1996.)
M S
VOTE: l Y 2 Y 3 Y 4 Y S Y (Unanimously Carved)
Page 241
August 13, 1996
August 13, 1996
96-230 Public hearing -consideration of the California Department of Housing and
Community Development, Community Development Block Grant (CDBG) No. 95-
EDBG-344, Grantee Performance Report. The grant is being used to complete a
County-wide Industrial Land Inventory and Development Plan -action requested -
APPROVE GRANTEE PERFORMANCE REPORT AND AUTHORIZE THE
CHIEF ADMINISTRATIVE OFFICER TO SIGN. (2326)
MOTION: I MOVE TO APPROVE THE GRANTEE PERFORMANCE
REPORT AND AUTHORIZE THE CHIEF ADMIMSTRATIVE
OFFICER TO SIGN.
M S
VOTE: l Y 2 Y 3 Y 4 Y S Y (Unanimously Carried)
96-231 Public hearing -consideration of the submittal of an application under the
Planning/Technical Assistance Allocation of the California Department of Housing
and Community Development, Community Development Block Grant (CDBG)
Program estimated to be in the amount of $35,000, with a local match contribution
of $5,000, which is broken down into the following three elements:
• Butte County Industrial Marketing and
Targeted Income Group Employment
Generation Strategy $28,500.
• County-wide Tourism Action Plan 9,500.
• Administration 2,000.
Total Cost of Activities:
$40,000.
Action requested -ADOPT RESOLUTION APPROVING AN APPLICATION FOR
FUNDING AND THE EXECUTION BY THE CHIEF ADMINISTRATIVE
OFFICER OF A GRANT AGREEMENT (APPLICATION SUIvIl1~IARY FORM
AND STATEMENT OF ASSURANCES) FROM THE PLANNING/TECIINICAL
ASSISTANCE ALLOCATION OF THE STATE COMMUNITY DEVELOPMENT
BLOCK GRANT (CDBG) PROGRAM, AND AUTHORIZE THE CHAIR TO
SIGN. (2411)
MOTION: I MOVE TO ADOPT RESOLUTION 9b-97 APPROVING AN
APPLICATION FOR FUNDING AND THE EXECUTION BY THE
CHIEF ADMII~TISTRATIVE OFFICER OF A GRANT
AGREEMENT (APPLICATION SUMMARY FORM AND
STATEMENT OF ASSURANCES) FROM THE
PLANNING/'TECHNICAL ASSISTANCE ALLOCATION OF THE
STATE COMMUNITY DEVELOPMENT BLOCK GRANT
(CDBG) PROGRAM, AND AUTHORIZE THE CHAIR TO SIGN.
S M
VOTE: l Y 2 Y 3 Y 4 Y S Y (Unanimously Carried)
Page 242 August 13, 1996
August 13. 1996
96-231 (CHAIR McLAUGHLIN DIRECTED THAT A THANK LETTER BE PREPARED
(Continued) TO THE BUTTE COUNTY ECONOMIC DEVELOPMENT CORPORATION FOR
ITS $5,000 LOCAL MATCH CONTRIBUTION TO THIS PROJECT)
Regular Agenda
96-232 California State University, Chico -Data Processing • the Data Processing Steering
Committee recommends contractual arrangements with California State University,
Chico to provide infom~ation management services to include problem identification,
completion of specific projects, and maintenance of existing systems as needed -
action requested - APPROVE CONTRACT/OR MODIFICATION AS
RECOMMENDED BY STEERING COMMITTEE AND AUTHORIZE THE
CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE
AUDITOR-CONTROLLER. (2542)
MOTION: I MOVE TO APPROVE CONTRACT/OR MODIFICATION AS
RECOMMENDED BY STEERING COMMITTEE AND
AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL
OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER.
M S
VOTE: l Y 2 Y 3 Y 4 Y S Y (Unanimously Carried)
96-233 Public Comment. (PRESENTATIONS WILL BE LIMITED TO FIVE MINU'T'ES.
THE BOARD OF SUPERVISORS IS PROHIBITED BY STATE LAW FROM
TAKING ACTION ON ANY ITEM PRESENTED IF IT IS NOT LISTED ON THE
AGENDA.) (2733)
Costel Angheluta, Oroville - a request for assistance regarding an application
for an elderly care home garage conversion to two bedrooms and a bathroom.
(REFER TO SUPERVISOR MEYER AND DEVELOPMENT
SERVICES/BUILDING DIVISION)
96-234 Closed Session. (NONE)
Page 243
August 13, 1996
August 13, 1996
Communications
96-235 Communications received and referred. (COPIES OF ALL COMMLJIVICATIONS
ARE AVAILABLE IN THE CLERK OF THE BOARD OFFICE.)
A. Bob Bosworth, Chairman, Upper Sacramento River Advisory Council -
reports on the Sacramento River Conservation Area, a proposed non-profit
organization to manage the area, habitat management principles, several
possible implementation programs, and a proposed Riparian Conservation
Area Handbook that will guide the work of the non-profit organization. A
Memorandum of Understanding (MOU) will be developed to express support
by all of the participating agencies and organizations for the management
entity, its goals, and management principles. Since Butte County will be
asked to support the goals of the SB 108b program through this MOU, they
encourage our active participation in its development. (REFER TO
AGRICULTURAL COMMISSIONER, DIRECTOR-PUBLIC WORKS,
DIItECTOR-DEVELOPMENT SERVICES, AND EMERGENCY
SERVICES OFFICER)
B. Viacom CablelTelecommunications, Inc. (TCI) Cablevision -notify the Board
that on August 1, 1996, the Viacom Cable operation in Butte County became
part of Telecommunications, Inc. (TCI) and will do business under the name
of TCI. The transaction did not provide for the sale of assets, but instead was
structured as a change of control of Viacom, the parent company of
Franchisee. The transaction did not require County consent under the terms
of the franchise. However, Viacom was required to notify the County that the
transaction complies with Section 617 of the 1992 Cable Act. (ACCEPT
FOR INFORMATION)
C. Chet Wood, Administrative Analyst, City of Chico - forwards a copy of the
fully recorded Ordinance No. 2110, Ordinance of the City Council of the City
of Chico Amending Ordinance No. 1968 Approving and Adopting the
Redevelopment Plan for the Greater Chico Urban Area Redevelopment
Project, and Exhibit "A" the amended Plan. (REFER TO CHIEF
ADMINISTRATIVE OFFICER AND COUNTY COUNSEL)
D. Eugene Y. Leong, Executive Director, Association of Bay Area Governments
(ABAG) -writes to update the County on ABAG's Power Purchasing Pool
and to invite Butte County to participate in the next phase of the Pool's
development, the purchase of electric supply and related services through a
Request for Proposals (RFP) process. (REFER TO GENERAL SERVICES
DIRECTOR)
Page 244
August 13, 1996
August 13. 1996
96-235 E. Linnet Fong, Chief, General Accounting, California Department of Water
(Continued) Resources -pursuant to Division 6, Part 6, Chapter 4.5, Article 4, Section
12878.34 of the Water Code, the Department certifies the amounts required
for the cost of operation and maintenance of Maintenance Area Number 5
(Zones 1, 2, and 5), Maintenance Area Number ? (Zones 1, 2, and 3),
Maintenance Area Number 13 (Zones 1, 2, and 3) and Maintenance Area
Number 16 (Zone 1) during the fiscal year beginning July 1, 1996 and ending
June 30, 1997. (REFER TO AUDITOR-CONTROLLER)
F. Dean Cromwell, Executive Officer, California Board of Forestry -notifies the
Board that a Nomination Review Committee was appointed by the Board of
Forestry and has begun a technical evaluation of the petition (nominating the
Cohasset Ridge region as a Sensitive Watershed) pursuant to the Sensitive
Watershed Rule (14CCR 936.8). The County is receiving notice as required
by Section 936.8(a)(9). Although not required by the rule, the Nomination
Review Committee is extending this opportunity for comment on the technical
aspects of the petition at a public meeting scheduled for Wednesday, August
21, 1996 (previously noticed for July 31, 1996), ?:00 - 10:00 p.m., Chico
Area Recreation District, Chico. (REFER TO CHIEF ADMINISTRATIVE
OFFICER AND DIRECTOR-DEVELOPMENT SERVICES)
G. Randy Smith, Market Manager, Chico Certified Farmers Market -request an
opportunity to be heard by the Board of Supervisors in the matter of several
County policies that concern the operation of the Farmers' Market. (REFER
TO CHIEF ADMII~iISTRATIVE OFFICER, AGRICULTURAL
COMMISSIONER, DIRECTOR-PUBLIC HEALTH)
H. Costel and Rodita Angheluta, Oroville - submit an agenda request regarding
an application for an elderly care home garage conversion to two bedrooms
and a bathroom. (REFER TO CHIEF ADMINISTRATIVE OFFICER AND
DIRECTOR-DEVELOPMENT SERVICES)
ADJOURNMENT: There being no further business before the Board, the meeting
was adjourned at 12:35 p.m, to reconvene on Tuesday,
August 27, 1996 at 9:00 a.m.
~ ti
ED McLAUGHLIN HAIR
JOHN S. BLACKLOCK, Chief Administrative Officer
and Clerk of the Board Supervisors
~ra< ~.
By: ~ .,~
Page 245 August 13, 1996