HomeMy WebLinkAboutM090198MINUTES
Se tember 1 1998
R.J. BEELER,1 st District
JANE DOI.AN, 2nd District
MARY ANNE NOUX 3rd District
CURT JOSIASSEN, 4th District
FRED C. DAMS, 5th District
Call to Order - Board of Supervisors Roam, County
Administration Building, 25 County Center Drive, Oroville.
Present: Supervisors Beeler, Dolan, Houx, Josiassen, and Chair
Davis. John S. Blacklock, Chief Administrative Officer; Susan
Minasian, County Counsel; and Marion Reeves, Deputy Clerk of
the Board.
Pledge of Allegiance to the Flag of the United States of
America.
Invocation - Vicki Growth, Baha'i World Faith, Paradise.
Consent Agenda
98-269 1. Budget transfers - action requested - APPROVE TRANSFER
B-19 (GENERAL FUND APPROPRIATION FOR CONTINGENCIES/PUBLIC
WORKS GENERAL SERVICES [4/5 vote required], AND B-18
(BEHAVIORAL HEALTH).
2. Buzztail Community Services District - action
requested - APPOINT BRENT R. LARGENT TO A VACATED
TERM TO EXPIRE DECEMBER 3, 1999.
3. Award of Bid No. 198-96 - Probation - on June
23, 1998, the Board awarded a bid for five used vehicles
for the Probation Department to Larry Geweke Ford in the
amount of $90,315. Larry Geweke Ford has informed the
County that they will not be able to fulfill the bid in
a timely manner. In order to avoid continued delays,
Soard approval is requested to cancel the bid awarded to
Larry Geweke Ford and award the bid to the second lowest
bidder, New Jackson Ford of Martell, in the amount of
$90,717.19 (department budget) - action requested -
CANCEL BID TO LARRY GEWEKE FORD AND AWARD BID TO NEW
JACKSON FORD.
4. Report to the Board - acquisition of property at 1002 E.
16th Street, Chico - at its meeting of July 23, 1996,
the Butte County Planning Commission found the
acquisition of the property located at 1002 E. 16th
Street, Chico, which is intended to be used for the
expansion of a parking lot for Chapman Elementary School,
to be in conformance with the California Government Code,
Section 65402, and the Butte County General Plan - action
requested - ACCEPT FOR INFORMATION.
Page 283 September 1, 1998
98-269 5. County service area service charges - in order to levy
services charges in the various County Service Areas '~'~"
(CSAs}, it is necessary to accomplish several
prerequisite steps - action requested - DIRECT THAT A
REPORT OF SERVICE CHARGES BE PREPARED IN ACCORDANCE WITH
GOVERNMENT CODE SECTION 25210.77a AND FILED WITH THE
CLERK OF BOARD; THAT A PUBLIC HEARING BE SET FOR
SEPTEMBER 22, 1998, AT 10:45 A.M.; AND THAT NOTICE OF
THE PUBLIC HEARING BE MADE IN ACCORDANCE WITH GOVERNMENT
CODE SEGTION 6066.
6. Lake Oroville Public Utilities District - proposed are
property tax exchange agreement for the annexation of
territory of the District lands of Raymond J. Fairley
(APN 036-360-002/0.7 acres and single family dwelling at
179 Greenbank Avenue [LAFCo 11-98]) and Rose Kings (APN
036-160-004/20 acres of vacant land located on Lincoln
Boulevard [LAFCo 6-98]}- action requested - APPROVE
AGREEMENTS AND AUTHORIZE THE CHAIR TO SIGN.
7. A MATTER ON WHICH A PUBLIC HEARING HAS BEEN HELD AND A
MOTION OF INTENT ADOPTED - 1996-99 Butte County Final
Budget -- action requested:
A. ADOPT RESOLUTION 98-137 ADOPTING THE 1998-99 BUTTE
COUNTY FINAL BUDGET AND AUTHORIZE THE CHAIR TO
SIGN; AND
B. Adoption of a salary ordinance amendment - proposed
for adoption is a salary ordinance and position
allocation amendment which incorporates changes
associated with recommendations contained in the
fiscal year 1998-99 final budget - action
requested - ADOPT ORDINANCE 3441 AND AUTHORIZE THE
CHAIR TO SIGN. (FROM 8-25-98}
8. Adoption of a salary ordinance amendment - proposed for
adoption is a salary ordinance amendment which provides
adjustment for appointed and elected department heads,
retroactive to ,7uly 11, 1998, in conformance with the
compensation program for elected and appointed department
heads - action requested - ADOPT ORDINANCE 3442 AND
AUTHORIZE THE CHAIR TO SIGN. (FROM 8-25-98/ITEM 3.09 AND
3.14 COMBINED}
9. Resolution proclaiming "ABC" Week (Always Buckle Children
in the Back Seat) - the Oroville Optimist Club No.
20524 requests Board approval of a resolution
proclaiming the week of September 14-20, 1998, as "ABC
Week" in Butte County - action requested - ADOPT
RESOLUTION 98-138 AND AUTHORIZE THE CHAIR TO SIGN.
10. Resolution in recognition of the Peg Taylor Center for
Adult Day Care and proclaiming the week of September 13-
19, 1998, as Adult Day Services Week in Butte County -
action requested - ADOPT RESOLUTION 98-139 AND AUTHORIZE
THE CHAIR TO SIGN.
Page 284 September 1, 1998
98-269 11. Resolution proclaiming September 13-19, 1998, to be
Nation Rehabilitation Week in Butte County - action
requested - ADOPT RESOLUTION 98-190 AND AUTHORIZE THE
CHAIR TO SIGN.
12. Storm Damage Project Management - a resolution has been
prepared setting forth a policy to expedite and manage
emergency storm damage projects in Butte County. The
resolution allows for retaining professional engineering
assistance to develop specifications, bid projects,
perform construction inspection, and generally manage
emergency repair services; and authorizes the General
Services Director to engage engineering services, sign
all contracts, and award bids for projects up to
$30,000 - action requested - ADOPT RESOLUTION 98-141 AND
AUTHORIZE THE CHAIR TO SIGN.
13. Report to the Board regarding bids received
August 24, 1998, for storm damage repair at various
locations on Meridian Road Bridge at Desolation Ditch,
River Road, Rock Creek Road, and Honey Run Road Bridge
at Butte Creek; County Project No. SDR-98-2 - action
requested - AWARD BID TO R & R HORN GENERAL ENGINEERING
IN THE AMOUNT OF $29,478.10, AND AUTHORIZE THE CHAIR TO
SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE
AUDITOR-CONTROLLER.
14. Report to the Board - regarding bids received August 25,
1998, for storm damage repair on Cottonwood Road from
state Route 99 to 0.1 miles west of State Route
70; County Project No. SDR-98-3 - action requested -
AWARD BID TO ROBINSON CONSTRUCTION COMPANY, INC., TN THE
AMOUNT OF $315,000, AND AUTHORIZE THE CHAIR TO SIGN
SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-
CONTROLLER.
15. Report to the Board - regarding bids received August 25,
1998, for storm damage repair at various locations on
Cana Highway, Cana Pine Creek Road, and Wilson
Landing Road; County Project No. SDR-98-4 - action
requested -- AWARD BID TO C. R. JEFFRIES IN THE AMOUNT
OF $78,184, AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO
APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER.
16. State Department of Food and Agriculture - proposed is
the fiscal year 1998-99 pest detection/trapping agreement
(no. 98-0027) in the maximum amount of $25,202. Under
the terms of this agreement the State reimburses the
County for the placing and servicing of traps for the
Medfly, Oriental Fruit Fly, Melon Fly, Gypsy Moth, and
Japanese Beetle - action requested - APPROVE AGREEMENT
AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. R40088)
Page 285 September 1, 1998
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98-269 17. T. W. Dufour - proposed is an amendment to the
agreement with the Butte County Department of
Behavioral Health to cover infill costs for the facility
located at 107 Parmae Road, Suite 1, Chico. The term of
the lease remains April 1, 1998, through March 31, 2001,
and increases the amount payable by $2,920.84 (maximum
amount payable amended to $151,709.34/department
budget) - action requested - APPROVE AMENDMENT AND
AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY
COUNSEL AND THE AUDITOR-CONTROLLER.
18. T. W. Dufour - proposed is an agreement with the Butte
County Department of Behavioral Health for lease of the
property located at 109 Parmac Road, Suite 2, Chico. The
term of the lease is September 1, 1998, through
August 31, 2005, with a total agreement amount of
$399,122.60 (department budget) - action requested -
APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUSJECT
TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER.
19. CSE Resources, Inc. - the District Attorney-Family
Support Division proposes the renewal of an agreement for
the pravisian of software license, support, and
modifications for the Division's computer system for the
period of August 1, 1998, through July 31, 1999, in the
maximum amount of $76,661.08 (department budget) - action
requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO
SIGN, (Contract No. X10680) --~
20. Federal Highway Administration - proposed is a
cooperative agreement with the Department of Public
Works which provides reimbursement for costs
expended by Public Works for providing terrain and right-
of-way surveying and preparation of right-of-way
mapping in support of the Oroville-Quincy Federal Highway
119 Project. The maximum reimbursement allowed by
this agreement is $237,600 - action requested - APPROVE
AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUSJECT TO
APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER.
2I. Neal Road Landfill - the Corrective Action Workplan
requires synthetic cover panels and erasion contxol
measures to impede the infiltration of storm water into
the landfill. Board approval is requested on a letter
proposal from the Neal Road Landfill Company to install
and maintain new and existing interim cover panels and
implement erosion controls on areas not receiving refuse
at the landfill at a cost. not to exceed $76,412 (Neal
Road Management Fund) - action requested - APPROVE LETTER
PROPOSAL AND AUTHORIZE THE DIRECTOR OF PUSLIC WORKS TO
DIRECT THE NEAL ROAD LANDFILL COMPANY TO PROCEED WITH THE
WORK. (Contract No. X10696)
Page 266 September 1, 1998
98-269 22. State of California Health and welfare Agency Data
Center - proposed is an agreement with the Department of
Social Welfare for the provision of one Butte County
staff member to the Health and Welfare Agency Data Center
in support of the Child Welfare System/Case Management
Systems (CWS/CMS) Project. The term of the agreement is
August 24, 1998, through August 23, 2000, and provides
reimbursement of salary and benefit costs up to a maximum
of $157,420.27 for the term of the agreement - action
requested - APPROVE BUDGET TRANSFER 8-20 ACCEPTING AND
APPROPRIATING $57,616 IN UNANTICIPATED REVENUE (4/5 vote
required); AND APPROVE AGREEMENT AND AUTHORIZE THE CHAIR
TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE
AUDITOR-CONTROLLER.
23. James Voss, Ph.D. - the Department of Social Welfare
requests Board approval of Amendment No. 2 to the fiscal
year 1997-98 agreement to provide counseling services to
children and parents who are victims of child abuse and
neglect. The amendment increases the maximum amount
payable $4,000 to cover payment of prior approved
services - action requested - APPROVE AMENDMENT AND
AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY
COUNSEL AND THE AUDITOR-CONTROLLER. (Contract No.
X10630)
29. City of Chico - over the past two years the City of
^- Chico has assisted the County during the implementation
of County Animal Control. Proposed is a letter of
appreciation to the City of Chico for its assistance to
the County - action requested - APPROVE LETTER OF
APPRECIATION AND AUTHORIZE THE CHAIR TO SIGN.
MOTION: I MOVE TO APPROVE THE CONSENT AGENDA WITH ITEM 3,p6 AMENDED TO
TO INCLUDE TWO TAX EXCHANGE AGREEMENTS, AND CHANGING THE
REQUESTED ACTION TO.."APPROVE AGREEMENTS AND AUTHORIZE THE
CHAIR TO SIGN."
S M
VOTE: l Y 2 Y 3 Y 9 Y 5 Y (Unanimously Carried)
Rec(ular Agenda
98-270 Consideration of the adoption of an urgency ordinance
prohibiting the use of County highways by commercial vehicles
exceeding a gro ss weight of 14,000 pounds. (180)
MOTION: I MOVE, PURSUANT TO GOVERNMENT CODE SECTION 54954.2(b)(2), THAT
THERE IS A NEED TO TAKE IMMEDIATE ACTION AND THAT THE NEED FOR
ACTION GAME TO THE ATTENTION OF THE BOARD SUBSEQUENT TO THE
AGENDA BEING POSTED.
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
MOTION: I MOVE TO ADOPT URGENCY ORDINANCE 3943 AND AUTHORIZE THE CHAIR
TO SIGN.
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
Page 287 September 1, 1998
98-271 Appointments - commissions and committees.
A. Appointments to committee vacancies.
B. California State Association of Counties - action
requested - APPOINT DIRECTOR AND ALTERNATE DIRECTOR TO
TERMS TO EXPIRE SEPTEMBER 1999. (FROM 8-25-98)
MOTION: I MOVE TO APPOINT SUPERVISOR DAVIS AS DIRECTOR AND SUPERVISOR
BEELER AS ALTERNATE DIRECTOR; TERMS TO EXPIRE SEPTEMBER 1999.
M ~ S
VOTE: 1 Y 2 Y 3 Y 9 X 5 Y (Unanimously Carried)
98-272 Update on legislative and budget activities. (362) (JOHN S.
BLACKLOCK, CHIEF ADMINISTRATIVE OFFICER GAVE AN UPDATE ON THE
STATE BUDGET. ADDRESSED WAS TRAIL COURT FUNDING AND THE STATUS
OF AB 2791, WHICH WILL PROVIDE CURRENT YEAR TRIAL COURT RELIEF.
THE BOARD WAS INFQRMED THAT A LETTER REQUESTING THE GOVERNOR
SIGN AB 2791 WAS FAXED TO THE CAPITOL TODAY.
98-273 North Chico Drainage Reconnaissance Study - Army Corp of
Engineers - Rock Creek and Keefer Slough - action requested -
AUTHORIZE A LETTER OF INTENT TO THE UNITED STATES ARMY CORP OF
ENGINEERS IN SUPPORT OF THE PROJECT. (441)
MOTION: I MOVE TO AUTHORIZE A LETTER OF INTENT TO THE UNITED STATES
ARMY CORP OF ENGINEERS IN SUPPORT OF THE PROJECT.
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
98-274 Presentation to the Board - Quincy Library Group Forester
Proposal - addressing the social, economic, and environmental
aspects of managing the Plumas, Lassen, and Tahoe National
Forests and the benefits to the citizens of, Butte County -
action requested -.ACCEPT FOR INFORMATION. (519)
(PRESENTATION TO THE BOARD BY FRANK STEWART, COUNTIES QLG
FORESTER)
98--275 Adoption of a salary ordinance amendment - proposed for
adoption is a salary ordinance amendment which amends the
salary ordinance with respect to the members of the Board of
Supervisors - action requested - ADOPT ORDINANCE AND AUTHORIZE
THE CHAIR TO SIGN. (FROM 8-25-98)
MOTION: I MOVE TO ADOPT ORDINANCE 3944 AND AUTHORIZE THE CHAIR TO SIGN.
S M
VOTE: 1 N 2 Y 3 Y 4 N 5 Y (Motion Carried)
98-276 Items removed from the Consent Agenda for Board consideration
and action. (NONE)
Public Hearings and Timed Items (NONE) „_.
Page 288 September 1, 1998
98-277 Public Comment (PRESENTATIONS WILL BE LIMITED TO E'IVE MINUTES.
THE BOARD OF SUPERVISORS IS PROHIBITED BY STATE LAW FROM TAKING
ACTION ON ANY ITEM PRESENTED IF IT I5 NOT LISTED ON THE
AGENDA.)
1. Francis Kelly addresses the Board and comments on the
professionalism of the new clerk.
98-278 CLOSED SESSION: The Board recessed at 10:17 a.m. to a closed
session conference with legal counsel - actual
litigation pursuant to Government Code
Section 54957(a): 1. Butte County v, Cofer;
2. Crocker Development Company, LP (Bankruptcy
Case No. 95-26051-A-11).
RECONVENE: The Board reconvened at 10:52 a.m. from a
closed session conference with legal counsel -
actuai litigation pursuant to Government
Code Section 59957(a): 1. Butte County v.
Cofer; 2. Crocker Development Company, LP
(Bankruptcy Case No. 95-28051-A-11). (NO
ANNOUNCEMENTS)
Communications
98-279 Communications received and referred. (COPIES OF ALL
COMM[7NICATIONS ARE AVAILABLE IN THE CLERK OF THE BOARD OFFICE.)
A. Sean M. Hogue, California Regional Manager, Chambers
Cable, writes to inform the County that effective
October 1, 1998, Chambers Cable will be increasing rates
for basic cable service from $26.40 to $27.96 (a 4$
increase).
B. Tod E. Kimmelshue, Butte County Farm Bureau, writes to
the Board to request a committee be formed to work toward
finalizing the Agricultural Element document. (REFER TO
DIRECTOR-DEVELOPMENT SERVICES 8-24-98)
C. Denny Bungarz, Chair, Glenn County Board of Supervisors,
writes to the Board members to update them on the
progress of the Sacramento River Advisory Counsel and
Riparian Habitat Committee and to inform them of future
meetings.
Page 289 September 1, 1998
ADJOURNMENT: There being no further business before the
Board, the meeting was adjourned at 10:52 a.m.
to reconvene on Tuesday, September 22, 1998,
at 9:00 a.m.
~~- _
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ATTEST:
John S. Blacklock, Chief Administrative Officer
and ~Cylerk of tie Boar of Supervisors
ki~y-e//~ -~!
Page 290 September 1, 1999