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HomeMy WebLinkAboutM091394Call to order - Board of Supervisors room, County Administration Building, 25 County Center Drive, Oroville. Supervisors V. Meyer, Dolan, Houx, Thomas and Chair McLaughlin present. John S. Blacklock, Chief Administrative Officer; Susan Minasian, County Counsel; and Carol Roach, Assistant Clerk of the Board. Pledge of allegiance to the Flag of the United States of America. Invocation - Associate Pastor Ken Edwards, Grace Community Church, Chico 94-261 Consent Agenda 1. Approval of minutes - action requested - APPROVE MINUTES OF AUGUST 23, 1994. 2. Budget transfers - action requested - APPROVE BUDGET TRANSFERS B-003 (WELFARE/ADMINISTRATION), B-004 (FIRE), B-005 (PUBLIC HEALTH/GENERAL SERVICES), AND B-245 (1993-94 BUDGETED REVENUE). 3. Resolutions calling a public hearing to determine whether public necessity, health, safety or welfare require the formation of underground utility districts on the Midway and Hegan Lane and on Park Avenue and the Midway, in Chico - action requested - ADOPT RESOLUTIONS 94-97 AND 94-98 SETTING A PUBLIC HEARING FOR TUESDAY, OCTOBER 11, 1994 AT 10:30 A.M. AND AUTHORIZE THE CHAIR TO SIGN. 4. County library donations - in accordance with Government Code Section 25355, donations of $1,909.86 from Supervisor Mary Anne Houx, Chico, $1,397.11 from Quota Club of Oroville, $1,130 from Chico Friends of the Library, $1,060 from Oroville Friends of the Library, and $100 from Barbara Zontek, Oroville have been received for the Butte County Trust Fund for the purchase of books - action requested - ACCEPT DONATIONS AND AUTHORIZE LETTERS OF APPRECIATION. Page 243 September 13, 1994 94-261 5. Fire Department - two-way radio - the Butte Meadows Jonesville Volunteers would like to donate to the County a two-way Kinq portable radio (model no. EPH5141A/serial no. D11217) with 28 channels and valued at $600 - action requested - ACCEPT DONATION. 6. Emergency Medical Care Committee - action requested - REAPPOINT PAUL ROBIE (AMBULANCE SERVICE) TO A TERM TO EXPIRE JUNE 30, 1997. 7. County Service Area No. 151 (Shastan, Inc.) - the Local Agency Formation Commission (LAFCo 95-01) has approved the expansion of powers for the county service area to include maintenance and operation of sanitary sewer facilities - action requested - ADOPT RESOLUTION 94-99 AND AUTHORIZE THE CHAIR TO SIGN. 8. County Service Area No. 159 (Oak Highlands Subdivision) - the Local Agency Formation Commission (LAFCo 94-29) has approved formation of the county service area to provide maintenance of the common area, storm drains, roads, sewer system, fire flow system and street lighting - action requested - ADOPT RESOLUTION 94-100 AND AUTHORIZE THE CHAIR TO SIGN. 9. Final map - Fourteen Mile House, Unit 2, Phase 1, P.U.D. - the developer has provided an Irrevocable Letter of Credit to guarantee maintenance of facilities for a period of one year starting August 30, 1994 on AP 056-040-007, 063-010-001 and -147, 16 lots and five common areas, property located on the west side of Highway 32, approximately 1/2 mile north of its intersection with Fourteen Mile House Drive, Forest Ranch area - action requested - APPROVE FINAL MAP, ACCEPT EASEMENTS AS GRANTED IN ITEM B OF THE OWNER'S STATEMENT ON BEHALF OF THE PUBLIC, ACCEPT GRANT IN FEE SIMPLE OF THE ONE-FOOT WIDE ACCESS STRIP AS OFFERED IN ITEM A OF THE OWNER'S STATEMENT, AND AUTHORIZE THE CHAIR TO SIGN THE SUBDIVISION AGREEMENT. 10. Assessor - Board approval is requested to purchase a computer and printer with CD ROM (total cost $4,100) in order to utilize aerial flight photographs. purchased by the Department of Development Services, and an additional $6,900 to complete the three personal computer packages for the department's CAD system - action requested - APPROVE BUDGET TRANSFER B-007 (RESTRICTED FUNDS) AND PURCHASE OF FIXED ASSET ITEMS. Page 244 September 13, 1994 94-261 11. Award of bid 2-95 - Butte County courthouse early site improvements - bids have been opened covering site grading and installation of a new water main, fire hydrants and conduit for the project. The low bidder is George A. Santos, Chico in the amount of $99,999 (MUNICIPAL FINANCING CORPORATION) - action requested - AWARD BID TO GEORGE A. SANTOS. 12. Award of bid 3-95 - two-ton vibratory roller - bids were received for the purchase of a two-ton vibratory roller with tilt trailer for the Public Works Department. The low bid meeting specifications is Ricker Machinery Company of Oakland, in the amount of $16,788.18 plus tax (RESTRICTED FUNDS) - action requested - AWARD BID TO RICKER MACHINERY COMPANY. 13. Award of bid no. 4-95 - used low bed transport tractor - bids were opened by the Purchasing Office and evaluated by the Public Works Department with the low bidder meeting specifications being Riverview International Trucks, Inc. of West Sacramento in the amount of $55,000 (RESTRICTED FUNDS) - action requested - AWARD BID TO RIVERVIEW INTERNATIONAL TRUCKS, INC. IN THE AMOUNT OF $55,000 PLUS TAX . 14. Jail kitchen remodel project (bid no. 14-95) - plans and specifications have been prepared for the subject project - action requested - APPROVE PLANS AND SPECIFICATIONS AND SET THE BID OPENING FOR OCTOBER 11, 1994 AT 2:00 P.M. IN THE PURCHASING OFFICE. 15. Emergency broadcast system generator - Board authorization is requested to purchase a government surplus generator in the amount of $1,000 to be used by KHSL TV as an emergency broadcast system back-up generator. An operational agreement has been prepared with the Golden Empire Broadcasting Company covering payment and use of the generator - action requested - APPROVE PURCHASE OF FIXED ASSET ITEM, APPROVE BUDGET TRANSFER B-006 (APPROPRIATION), APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. 16. Local agency improvement fees - pursuant to Government Code Section 66006(b), the Auditor- Controller submits the combined report of "impact" or "development" fees for the special districts and funds held in the County Treasury that were collected and expended by the districts during the 1993-94 fiscal year - action requested - ACCEPT FOR INFORMATION. Page 245 September 13, 1994 94-261 17. 1994-95 Butte Basin Water Users Association budget - pursuant to provisions of the Memorandum of Understanding (MOU) between water districts and the County, each participant in the MOU must have the Association's budget ratified by its government body. The $28,327.10 County funding contribution will come from a special fund generated by the State's payment to the County of two percent of the money paid to local districts for the sale of water to the State Water Bank - action requested - ADOPT RESOLUTION 94-101 APPROVING THE BUTTE BASIN WATER USERS ASSOCIATION BUDGET FOR 1994-95 AND AUTHORIZE THE CHAIR TO SIGN. 18. Adoption of an ordinance amending Chapter 4 of the Butte County Code, entitled "Animals", by amending Section 4-2 of Article I pertaining to registration of dogs, and by adding Article IZI pertaining to vaccination of cats and animal vaccination reporting (as amended 8-23-94) - action requested - ADOPT ORDINANCE 3153 AND AUTHORIZE THE CHAIR TO SIGN. (FROM 8-23-94) 19. Adoption of the fiscal year 1994-95 final budget salary ordinance - the proposed ordinance incorporates the allocated position control changes reflected in the final budget, including reinstatement of positions eliminated last fiscal year and verging of budgetary units per organizational restructuring - action requested - ADOPT ORDINANCE 3154 AND AUTHORIZE THE CHAIR TO SIGN. (FROM 8-23-94) 20. Civil Defense Act financial assistance - a form of resolution has been prepared designating Mike Pyeatt, General Services Director and John S. Blacklock, Chief Administrative Officer as individuals authorized to execute applications and documents for the purpose of obtaining financial assistance under the Federal Civil Defense Act of 1950, as amended - action requested - ADOPT RESOLUTION 94-102. 21. Resolution proclaiming September 18-24, 1994 as National Rehabilitation Week - action requested - ADOPT RESOLUTION 94-103 AND AUTHORIZE THE CHAIR TO SIGN. Page 246 September 13, 1994 September 13. 1994 94-261 22. Local agency - State agreement no. 03-5912 - reimbursement of funds for qualified projects under Local Agency - State Agreement and Federal-Aid Project No. 03-5912 requires execution of a program supplement to the master agreeaent. Program supplement no. 072 covers funding for reimbursement of construction engineering and construction costs for the proposed project to replace the Feather Avenue Bridge (No. 12C-339) at Ruddy Creek (Federal funds/$151,120; local matching/$104,880; total/$256,000) - action requested - ADOPT RESOLUTION 94-104 AUTHORIZING EXECUTION OF PROGRAM SUPPLEMENT NO. 072 AND AUTHORIZE THE CHAIR TO SIGN. 23. Notice of completion for installing roadway illumination on various Butte County roads, Hazard Elimination Project STPLH-5912(006), .County contract no. SP-92-1 - all contract work has been completed in accordance with the plans and specifications - action requested - ACCEPT CONTRACT WORK, AUTHORIZE THE CHAIR TO SIGN THE NOTICE OF COMPLETION, AND AUTHORIZE THE FILING OF THE NOTICE OF COMPLETION. 24. Notice of Completion for construction of Oroville Bangor Highway (from LaPorte Road to 1.7 miles northwest and LaPorte Road frog Oroville Bangor Highway to 1.1 miles southwest), County contract no. 10661-92-1 - all contract work has been completed in accordance with the plans and specifications - action requested - ACCEPT CONTRACT WORK, AUTHORIZE THE CHAIR TO SIGN THE NOTICE OF COMPLETION, AND AUTHORIZE FILING OF THE NOTICE OF COMPLETION. 25. Agreement for easement acquisition - traffic signal installation at the intersection of State Highway 32 and East Avenue, project no. 56171-92-1: PARCEL NO• OWNER S4. FT. 4-A R ~ R Investors 31 Dedication None 0 action requested - APPROVE AGREEMENT FOR ACQUISITION AND AUTHORIZE THE CHAIR TO SIGN, AND AUTHORIZE A LETTER OF APPRECIATION FOR THE DONATION. Page 247 September 13, 1994 September 13, 1994 94-261 26. Agreement for right of way acquisition - Dayton Road at Elk Avenue and Heqan Lane, project no. 44191-94-1: PARCEL ~_ ~~ ~ 1 Jon Hoff 0.10 2 Joseph D. and 0.02 Margo S. Crotty PURCHASE PRICE ~IQ IMPROVEMENTS TOTAL Donation None 0 Donation None o action requested - APPROVE AGREEMENTS FOR ACQUISITION AND AUTHORIZE CHAIR TO SIGN, ACCEPT DEEDS AND AUTHORIZE CHAIR TO SIGN CERTIFICATE OF ACCEPTANCE, AND AUTHORIZE LETTERS OF APPRECIATION FOR DONATIONS. 27. 1994-95 Butte County Transportation/Transit Claim - as required by the Transportation Development Act, the Department of Public Works has prepared claims for SB 325 funds for streets and roads projects, and for SB 325 and SB 620 funds for public transportation projects as included in the approved 1994-95 budget - action requested - APPROVE CLAIMS AND AUTHORIZE DIRECTOR-PUBLIC WORKS TO SIGN. 28. Director-Personnel - proposed is an employment contract with a three year term beginning October 3, 1994, and a salary of $57,749 in accordance with the County's current salary ordinance - action requested - APPROVE CONTRACT AND APPOINTMENT OF CHERYL B. MEYER AS DIRECTOR- PERSONNEL AND AUTHORIZE THE CHAIR TO SIGN. 29. Private Industry Council - Job Training Partnership Act (JTPA) 8$ funds/30$ funded program - the proposed cooperative agreement for 1994 provides $118,489 (100$ State) through the Department of Education and $75,000 (JTPA funds) for Project "Jumpstart" to afford approximately 35 Butte County students with disabilities and/or considered "at- risk" the opportunity for a smooth transition from school to work, as well as the opportunity to explore and secure non-traditional employment - action requested - APPROVE COOPERATIVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. Page 248 September 13, 1994 9 94-261 30. Assignment of counsel - County Counsel proposes assignment of Giquiere v. City of Oroville, et al. to the law firm of Marsh, Marsh and Volpe - action requested - APPROVE ASSIGNMENT OF COUNSEL. 31. Assignment of co-counsel - County Counsel proposes assignment of Beadles v. PG&E to the law firm of Price, Price, Brown and Halsey as co-counsel - action requested - APPROVE ASSIGNMENT OF CO- COUNSEL. 32. Fair Street Fire Station No. 44 - proposed is the renewal of a lease agreement for real property and buildings at 2334 Fair Street, Chico commencing July 1, 1994 through June 30, 1995 in the monthly amount of $1,200 (no change from 1993-94) - action requested - APPROVE LEASE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. 33. California Library Literacy Service - proposed is a 1994-95 grant application for matching funds for adult literacy. These California Library Services Act grants provide a percentage of local moneys for continuing participation in providing literacy service - action requested - APPROVE GRANT APPLICATION AND AUTHORIZE DIRECTOR-LIBRARIES TO SIGN. 34. Crestwood Hospitals, Inc. - proposed is an agreement to provide residential care services to County mental health clients as an alternative to State hospitalization or a higher level of care. The contract, commencing July 1, 1994 through December 31, 1994, has a contract maximum of $267,898 (REALIGNMENT) and represents 3,128 bed days among five Crestwood Hospital facilities in California - action requested - APPROVE AGREEMENT AND AUTHORIZE CHAIR TO SZGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. 35. Crestwood Hospitals, Inc. - proposed is an agreement to provide intensive services as a supplement to the services provided in the residential care services contract. The contract, commencing July 1, 1994 through December 31, 1994, has a contract maximum of $82,432 (REALIGNMENT) and represents 3,312 bed days among five Crestwood Hospital facilities in California - action requested - APPROVE AGREEMENT AND AUTHORIZE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. Page 249 September 13, 1994 94-261 36. Harbor Hills - proposed is an agreement to provide residential care services to County mental health clients as an alternative to State hospitalization or a higher level of care. The contract, commencing July 1, 1994 through December 31, 1994, has a contract maximum of $31,353.78 (REALIGNMENT) and represents 368 bed days at Harbor Hills - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. 37. Merced Manor - proposed is an agreement to provide residential care services to County mental health clients as an alternative to State hospitalization or a higher level of care. The contract, commencing July 1, 1994 through December 31, 1994, has a contract maximum of $15,676.89 (REALIGNMENT) and represents 184 bed days at Merced Manor - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. 38. Chico Community Hospital - proposed is an agreement to provide emergency room services 24 hours a day, seven days a week to provide histories and physical examinations for patients admitted to the Butte County Psychiatric Health Facility. The effective date of the contract is July 1, 1994 through June 30, 1995 in the maximum amount of $10,000 (REALIGNMENT) - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR- CONTROLLER. 39. Oroville Hospital - proposed is an agreement to provide emergency room services 24 hours a day, seven days a week to provide histories and physical examinations for patients admitted to the Butte County Psychiatric Health Facility, and ambulance transportation service from the hospital to the Psychiatric Inpatient Unit for clients detez-mined to be in need of such a level of service. The effective date of the contract is July 1, 1994 through June 30, 1995 in the maximum amount of $20,000 (REALIGNMENT) - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR- CONTROLLER. Page 250 September 13, 1994 September 13. 1994 94-261 40. Glenn County - proposed is an agreement wherein Glenn County Mental Health contracts with Butte County Mental Health to provide acute psychiatric inpatient care to residents of Glenn County referred for this service. The contract, commencing July 1, 1994 through June 30, 1995, has a contract maximum of $76,000 and represents 200 bed days which will be paid on actual bed day usage - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. 41. Siskiyou County - proposed is an agreement wherein Siskiyou County Mental Health contracts with Butte County Mental Health to provide acute psychiatric inpatient care to residents of Siskiyou County referred for this service. The contract, commencing July 1, 1994 through June 30, 1995, has a contract maximum of $15,200 and represents 40 bed days which will be paid on actual bed day usage - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. 42. Tehama County - proposed is an agreement wherein Tehama County Mental Health contracts with Butte County Mental Health to provide acute psychiatric inpatient care to residents of Tehama County referred for this service. The contract, commencing July 1, 1994 through June 30, 1995, has a contract maximum of $69,540 and represents 183 bed days which will be paid on actual bed day usage - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. 43. Trinity County - proposed is an agreement wherein Trinity County Mental Health contracts with Butte County Mental Health to provide acute psychiatric inpatient care to residents of Trinity County referred for this service. The contract, commencing July 1, 1994 through June 30, 1995, has a contract maximum of $36,100 and represents 95 bed days which will be paid on actual bed day usage - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. Page 251 September 13, 1994 •-.. -- September 13. 1994 94-261 44. Michael Hitchko, Ph.D. - proposed is an agreement to provide psychological services including, but not limited to assessing, diagnosing and offering treatment for clients as well as participating in the maintenance of records and charts and the compilation and preparation of reports. The agreement, commencing July 1, 1994 through June 30, 1995, is in the maximum amount of $20,000 (REALIGNMENT) - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SZGN. 45. James R. Glover, M.D. - proposed is an agreement to provide psychiatric services including, but not limited to examining, diagnosing and prescribing treatment for clients and reviewing the care prescribed by staff physicians, and to meet with clients to review the effectiveness of prescribed medications for continuance or change in prescription. The agreement, commencing July 1, 1994 through June 30, 1995, is in the maximum amount of $135,000 (REALIGNMENT) - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. 46. Del Norte Clinics, Inc. (previously Northern Sacramento Valley Rural Health with offices in Oroville and locations outside Butte County) - Butte County contracts with the State Department of Health Services for funding to provide a range of immunization services. A portion of the funding available from the State was specifically identified to allow Del Norte Clinics to expand their immunization services which are geared toward low-income and minority populations. The term of the agreement is January 1, 1994 through December 31, 1994 in the maximum amount of $30,000 (100$ STATE) - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. 47. American -Lung Association - proposed is an agreement wherein the American Lung Association will provide a variety of smoking cessation clinics geared toward targeting population groups, informational and educational programs and events. The term of the agreement is September 1, 1994 through June 30, 1995 in the maximum amount of $12,000 (State Tobacco Tax and Health Protection Act of 1988 funds) - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR- CONTROLLER. Page 252 September 13, 1994 94-261 48. Gary Weibel - County responsibilities under the California Children Services (CCS) Program have increased as the County has transitioned from a dependent to an independent county (a mandated transition for counties reaching 200,000 in population). Proposed is a lease agreement for added office space at 1370 Ridgewood Drive, no. 22, Chico commencing October 1, 1994 through September 30, 1997 in the monthly amount of $1,410 (85$ STATE/15~ COUNTY) - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR- CONTROLLER. 49. Greiner, Inc. - proposed is an agreement for the provision of professional engineering services for the design and preparation of contract documents for construction of a new bridge across Lindo Channel and roadway on new alignment between Holly Avenue and Cussick Avenue - action requested - APPROVE AGREEMENT FOR PROFESSIONAL SERVICES WITH GREINER, INC., AT A FEE NOT TO EXCEED $86,720 WITHOUT PRIOR PUBLIC WORKS APPROVAL AND AUTHORIZE THE CHAIR TO SIGN. 50. R & H Leasing, Yuba City - proposed is amendment no. 1 to the lease agreement for 2,700 square feet of office space located at 1940 Feather River Blvd., Suites "B" and "C", Oroville. The proposed amendment adjusts the beginning and ending dates of the lease to coincide with all other leases, and increases the monthly lease rate by $0.01 to $0.61 per square foot - action requested - APPROVE AMENDMENT TO THE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND AUDITOR-CONTROLLER. 51. R & H Leasing, Yuba City - proposed is a lease agreement for 1,500 square feet of office space located at 1940 Feather River Blvd., Suite "A", Oroville. The lease term commences October 1, 1994 through September 30, 1995 at $915 per month (50$ FEDERAL/35~ STATE/15~ COUNTY). The space will be utilized as the Interim State Automated welfare System (ISAWS) computer training laboratory and for departmental training programs - action requested - APPROVE LEASE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. Page 253 September 13, 1994 94-261 52. R ~ H Leasing, Yuba City - proposed is a lease agreement for 2,920 square feet of office space located at 1940 Feather River Blvd., Suites "H" and "I", Oroville. The lease term commences October 1, 1994 through September 30, 1995 at $1,781.20 per month (50$ FEDERAL/35~ STATE/15$ COUNTY). The space will be utilized for the relocation of the Administration Offices from 42 County Center Drive to accommodate the new Interim State Automated Welfare System (ISAWS) eligibility workers - action requested - APPROVE LEASE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. 53. Q Street Ltd., Davis - proposed is amendment no. 1 to increase the currently leased space at 873 Mitchell Avenue, Oroville from 7,384 square feet to 8,728. The monthly lease payment will increase by $766.08 per month to $4,974.96. The space is utilized for the G.A.I.N. employment training programs - action requested - APPROVE LEASE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR- CONTROLLER. 54. Harlen, Jones and Scurlock, Oroville - proposed is a lease agreement to renew an existing lease for 2,000 square feet of office space at 2216 and 2218 Fifth Avenue, Oroville. The lease payment will increase from $1,200 to $1,300 ($0.65 per square foot) per month. The space is utilized for the G.A.I.N. employment training programs - action requested - APPROVE LEASE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. 55. Butte County Office of Education - Partner Agency Collaboration Program - proposed is amendment no. 1 to the agreement which will provide a quicker and more efficient method of accounting for services provides under the current contract (to claim one twelfth of the contract amount per month rather than on an hourly basis). The contractor's will still maintain and make available the hourly information for effective management purposes - action requested - APPROVE AMENDMENT NO. 1 TO CONTRACT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR- CONTROLLER. Page 254 September 13, 1994 94-261 56. State Department of Health Services - proposed is amendment no. 1 to an agreement (92-16140) for incentive payments to the County's Department of Social Welfare for identifying and reporting third- party health care coverage held by or offered to Medi-Cal beneficiaries. For fiscal year 1994-95 the maximum contract amount to be paid by the State to the County is $32,050 - action requested - APPROVE AMENDMENT TO AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. MOTION: I MOVE TO APPROVE THE CONSENT AGENDA AS PRESENTED. M S VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) 94-262 Appointments - commissions and committees. a. Appointments to committee vacancies. (NONE) 94-263 Update on Sacramento legislative and budget activities. (REPORT BY JOHN S. BLACKLOCK, CHIEF ADMINISTRATIVE OFFICER, ON THE AT RISK COUNTIES BILL; AB 1826, A PROPERTY TAX ADMINISTRATION MONEY BILL; AND PRESIDENT CLINTON'S CRIME BILL WHICH WAS SIGNED TODAY) 94-264 Joint public meeting - Chico City Council/Board of Supervisors - to discuss solid waste management issues in the Chico urban area - action requested - SCHEDULE JOINT PUBLIC MEETING FOR TUESDAY, NOVEMBER 29, 1994 OR TUESDAY, DECEMBER 13, 1994 AT 7:30 P.K. IN CITY OF CHICO COUNCIL CHAMBERS, AND DIRECT STAFF TO COORDINATE ITS ARRANGEMENT. (275) MOTION: I MOVE THAT THE BOARD SCHEDULE A JOINT PUBLIC MEETING FOR TUESDAY, DECEMBER 13, 1994 AT 7:30 P.K. IN THE CITY OF CHICO COUNCIL CHAMBERS, AND DIRECT STAFF TO COORDINATE ITS ARRANGEMENT. S M VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) Page 255 September 13, 1994 September 13, 1994 94-265 Consideration of the adoption of an urgency ordinance/resolution declaring a moratorium on well permits, with certain exemptions (domestic, municipal, emergency agricultural, etc.), pending the preparation of an environmental impact report on the cumulative effects of additional wells - AS APPROPRIATE, ADOPT ORDINANCE/ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (375) (**00) MOTION: I MOVE TO ADOPT ORDINANCE 3155 PROCLAIMING EMERGENCY CAUSED BY DROUGHT AND IMPOSING TEMPORARY MORATORIUM ON ISSUANCE OF PERMITS FOR CONSTRUCTING OR DEEPENING WATER WELLS. M S VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) MOTION: I MOVE TO ADOPT RESOLUTION 94-105 PROCLAIMING EMERGENCY CAUSED BY DROUGHT AND IMPOSING TEMPORARY MORATORIUM ON ISSUANCE OF PERMITS FOR CONSTRUCTING OR DEEPENING WATER WELLS. M S VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) (BOARD DIRECTION TO REVIEW THIS ITEM ON THE BOARD AGENDA OF OCTOBER 2 5 , 1994 , AND THE SECOND MEETING OF EACH MONTH THEREAFTER) RECESS: 10:45 A.K. RECONVENE: 11:05 A.M. Public Hearings and Timed Items 94-266 Public hearing - Bernard W. Gucker - consideration of an appeal of the Development Review Committee's denial of a tentative parcel map (item which has been determined to not be subject to the California Environmental Quality Act because it is being recommended for denial), AP 027- 130-026, four parcels, property located on the north side of Apache Avenue, approximately 1/4 mile west from its intersection with Crestmont Court, Palermo area - action requested - OPEN HEARING AND CONTINUE OPEN TO TUESDAY, SEPTEMBER 27, 1994 AT 10:30 A.K. (430) (HEARING OPENED AND CONTINUED OPEN TO SEPTEMBER 27, 1994 AT 10:30 A.M.) Page 256 September 13, 1994 94-267 Public hearing - renaming of a private road in the Chico area from Tailwind Drive (from Dayton Road to End) to Willow Landing Drive - action requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (592) MOTION: I MOVE TO ADOPT RESOLUTION 94-106 AND AUTHORIZE THE CHAIR TO SIGN. S M VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) 94-268 Public hearing - consideration of an application submitted by Roper Associates on behalf of Jack W. Wallace pursuant to Section 2 of Ordinance No. 3135 seeking approval to submit an application fora tentative parcel map to divide 496.4 acres into four parcels: one at 158.8 acres+, one 146.7 acres+, one at 135 acres+, and one at 55.9 acres±, property located on the west side of Highway 99, approximately 1/2 mile south of West Hamilton Road, identified as AP 022-070-039, Biggs area and within the Agricultural Protection Zone. (612) MOTION: I MOVE TO DENY THE APPLICATION. M S VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) 94-269 Continued hearing - Robert Taylor, Stringtown Mountain Specific Plan - consideration of General Plan Amendment from Agricultural Residential to Low and Medium Density Residential, Foothill Area Residential and Commercial and rezone (draft environmental impact report has been prepared) from FR-10 (Foothill Recreational - 10 acre parcels) to C-2 (General Commercial), R-C (Resource Conservation), R-1 (Residential), R-2 (Residential) and P-Q (Public - Quasi-Public), and approval of a Specific Plan for property located on the north side of Forbestown Road, east of Olive Highway, identified as AP 072-180- 016, 017, 026, 027, 028, 029, 030, 072-190-005, 007, 013, 014 and 025, Oroville. (FROM 8-23-94) (990) (SUPERVISOR HOUX NOT PRESENT; SUPERVISOR ROUX PRESENT) (SUPERVISOR THOMAS NOT PRESENT; SUPERVISOR THOMAS PRESENT) (NO ACTION TAKEN/REFER TO MINUTE ORDER NO. 94-271) RECESS: 12:02 P.M. TO GROUNDBREAKING CEREMONY - BUTTE COUNTY COURT ADDITION PROJECT RECONVENE: 1:27 P.M. (SUPERVISORS MEYER AND DOLAN NOT PRESENT) Page 257 September 13, 1994 94-270 CLOSED SESSION: The Board recessed at 1:27 p.m. for a closed session conference with labor negotiator William Avery pursuant to Government Code Section 54957.6. RECONVENE: The Board reconvened at 1:45 p.m. following a closed session conference with labor negotiator William Avery pursuant to Government Code Section 54957.6. (NO ANNOUNCEMENTS} Public Hearincxs and Timed Items 94-271 Continued hearing - Robert Taylor, Stringtown Mountain Specific Plan - consideration of General Plan Amendment from Agricultural Residential to Low and Medium Density Residential, Foothill Area Residential and Commercial and rezone (draft environmental impact report has been prepared) from FR-10 (Foothill Recreational - 10 acre parcels) to C-2 (General Commercial), R-C (Resource Conservation), R-1 (Residential), R-2 (Residential) and P-Q (Public - Quasi-Public), and approval of a Specific Plan for property located on the north side of Forbestown Road, east of Olive Highway, identified as AP 072-180- 016, 017, 026, 027, 028, 029, 030, 072-190-005, 007, 013, 014 and 025, Oroville. (FROM 8-23-94) (2234) MOTION: I MOVE TO MAKE A MOTION OF INTENT BASED ON THE FINDINGS IN THE STAFF REPORT OF JUNE 15TH AND RELATED DOCUMENTS, TO (A) CERTIFY THE ENVIRONMENTAL IMPACT REPORT.; (B) ADOPT AN ORDINANCE REZONING FROM FR-10 TO R-1, R-2, R- C, P-Q AND C-2 FOR THE STRINGTOWN MOUNTAIN SPECIFIC PLAN; (C) ADOPT THE RESOLUTION AMENDING THE GENERAL PLAN FROM AGRICULTURAL RESIDENTIAL TO LOW DENSITY RESIDENTIAL, MEDIUM DENSITY RESIDENTIAL, FOOTHILL AREA RESIDENTIAL, PUBLIC AND COMMERCIAL FOR THAT PROPERTY AS IDENTIFIED ON PAGE 1 OF THE STAFF REPORT OF JUNE 15TH; (D) ADOPT THE RESOLUTION APPROVING THE DRAFT STRINGTOWN MOUNTAIN SPECIFIC PLAN AS THE FINAL SPECIFIC PLAN, WITH CONDITIONS AS SET FORTH IN THE RECOMMENDATIONS OF THE PLANNING COMMISSION AND AS FURTHER MODIFIED BY THOSE CONDITIONS THAT I REVIEWED WITH THE BOARD TODAY; AND (E) THE PLANNING DIVISION WILL BRING BACK THE EXACT WORDING OF THE RESOLUTION AND RELATED DOCUMENTS ON SEPTEMBER 27, 1994. M S VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) Page 258 September 13, 1994 94-272 Butte County Sheriff's Mounted Posse -firearms training and equestrian facility - action requested - APPROVE THE GUN RANGE AGREEMENT BETWEEN BUTTE COUNTY, CITY OF CHICO, AND THE SHERIFF'S MOUNTED POSSE AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (3100) MOTION: I MOVE TO APPROVE THE GUN RANGE AGREEMENT BETWEEN BUTTE COUNTY, CITY OF CHICO, AND THE SHERIFF'S MOUNTED POSSE ADTD AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. S M VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) Public Hearings and Timed Items 94-273 Public hearing - county service area service charges pursuant to Government Code Section 25210.77a - action requested - ADOPT RESOLUTION CONFIRMING SERVICE CHARGES IN THE COUNTY OF BUTTE FOR FISCAL YEAR 1994-95. (***13) MOTION: I MOVE TO ADOPT RESOLUTION 94-107 CONFIRMING SERVICE CHARGES IN THE COUNTY OF BUTTE FOR FISCAL YEAR 1994-95. S M VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) Page 259 September 13, 1994 94-274 A MATTER ON WHICH A PUBLIC HEARING HAS BEEN HELD AND A MOTION OF INTENT TO UPHOLD THE APPEAL AND DENY THE APPLICATION HAS BEEN ADOPTED - Nina Lambert. - consideration of an appeal of the Planning Commissions 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 - action requested - ADOPT PROPOSED MOTION AND FINDINGS. (INPUT FROM THE PUBLIC WILL BE LIMITED TO COMMENTS ON THE PROPOSED MOTION AND FINDINGS.) (FROM 8-9-94) (45) MOTION: I MOVE TO INDICATE THAT CHEMICAL FERTILIZER OPERATIONS ARE NOT AN APPROPRIATE HOME OCCUPATION, AND ARE, THEREFORE, NOT PERMISSIBLE UNDER SECTION 24-200 OF THE ZONING ORDINANCE. M S VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) MOTION: I MOVE TO DENY THE APPLICATION FOR A USE PERMIT FOR JEANNE SHELSKY ON AP 004-490-073, BASED UPON FINDINGS AS FOLLOWS: (1) THE PROPOSED USE IS DETERMINED TO BE INDUSTRIAL IN NATURE AND IS THEREFORE INCONSISTENT WITH THE SR-1 ZONING; (2) THE ORGANIC NATURE OF THE PROPOSED USE MAY HAVE THE POTENTIAL TO BE IN CONFLICT WITH THE ADJACENT AGRICULTURAL AREA, WHICH UTILIZES CHEMICALS IN THE GROWING OF THEIR CROPS AND, THEREFORE, COULD BE CONSIDERED INCOMPATIBLE; AND (3) THE PROPOSED USE WILL BE DETRIMENTAL TO THE HEALTH, SAFETY, AND WELFARE OF THE PEOPLE OF BUTTE COUNTY BASED ON CONFLICTS WITH THE EXISTING TRAFFIC CIRCULATION, AND WITH NEIGHBORING AGRICULTURAL BUSINESSES. M s VOTE: i N 2 Y 3 N 4 Y 5 Y (Motion Carried) Page 260 September 13, 1994 94-275 Report to Board on existing County regulations on produce stands and alternative approaches. (115} (SUPERVISOR DOLAN NOT PRESENT; SUPERVISOR DOLAN PRESENT) MOTION: I MOVE THAT THIS ITEM BE REFERRED TO THE PLANNING COMMISSION FOR CONSIDERATION OF A ZONING ORDINANCE AMENDMENT TO INCLUDE AN ADMINISTRATIVE PERMIT PROCESS (SIMPLE, OVER THE COUNTER, NO FEE PERMIT), AND TO REMOVE THE EXISTING ZONING CONTROLS ON PRODUCE STANDS BY ELIMINATING THE CURRENT RESTRICTION ON SELLING ONLY PRODUCE GROWN ON THE PROPERTY AND ALLOW PRODUCE AND ALSO PROCESSED FOODS TO BE SOLD REGARDLESS OF THEIR ORIGIN. M S VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) 94-276 Report to Board - progress update/administration of departmental fees and real time billing program. (2839) (****oo) (SUPERVISOR DOLAN NOT PRESENT; SUPERVISOR DOLAN PRESENT) (SUPERVISOR HOUX NOT PRESENT; SUPERVISOR HOUX PRESENT) (BOARD DIRECTION TO STAFF TO INCLUDE A PROCEDURE WHEREIN THE LEGISLATIVE BODY ITSELF CAN CALL A MATTER BEFORE IT FOR HEARING WITHOUT FILING OF AN APPEAL) MOTION: I MOVE TO REFUND ALL BUT $250 OF THE $1,825 PAID BY APPELLANTS OF THE BUTTE CREEKSIDE SUBDIVISION (McAMIS). M S VOTE: l Y 2 Y 3 Y 4 N 5 Y (Motion Carried) 94-277 Discussion of historical structure considerations pertaining to Stirling City structures recently declared to be public nuisances. (792) (NO ACTION TAKEN) Page 261 September 13, 1994 September 13, 1994 94-278 Butte County Flexible Benefits Plan: A. Upon implementation of the thirty-six hour work week, there was an agreement with the County's bargaining units to implement a flexible benefits plan. Proposed is a model addenda to the Memoranda of Understanding with the bargaining units. The target date for implementation is the first payroll period of October, 1994 - action requested - APPROVE FLEXIBLE BENEFITS PLAN DESIGN DATED SEPTEMBER 13, 1994, APPROVE PROPOSED MODEL ADDENDA TO THE MEMORANDA OF UNDERSTANDING WITH THE BARGAINING UNITS, AND AUTHORIZE THE CHAIR TO SIGN BARGAINING UNIT AGREEMENTS. (FROM 8-23-94} B. Proposed is a replacement resolution that coordinates elected and appointed officials retiring in good standing before age 65 with the 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. (FROM 8- 23-94) (1252) MOTION: I MOVE TO APPROVE FLEXIBLE BENEFITS PLAN DESIGN DATED SEPTEMBER 13, 1994, APPROVE PROPOSED MODEL ADDENDA TO THE MEMORANDA OF UNDERSTANDING WITH THE BARGAINING UNITS, AUTHORIZE THE CHAIR TO SIGN BARGAINING UNIT AGREEMENTS, AND ADOPT RESOLUTION 94-108 FIXING THE EMPLOYER'S CONTRIBUTION UNDER THE PUBLIC EMPLOYEES' MEDICAL AND HOSPITAL CARE ACT AND AUTHORIZE THE CHAIR TO SIGN. M S VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) 94-279 Items removed from the Consent Agenda for Board consideration and action. (NONE) 94-280 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.) (1252) 1. Cathy Mason, Dingerville, USA, Oroville - regarding the petition proposing the establishment of a "Butte County Mobile Home Park Rent Stabilization ordinance" submitted to the Elections Department on August 29th. Page 262 September 13, 1994 94-281 CLOSED SESSION: The Board recessed at 4:30 p.m. to a closed session conference with legal counsel on actual litigation pursuant to Government Code Section 54956.9(x) (County of Butte v. Hayes, Butte Superior Court Case No. 117462, and Wayne Turner, et al. v. County of Butte, et al., Butte Superior Court Case No. 112050), and conference with legal counsel on potential litigation pursuant to Government Code Section 54956.9(c) (one potential case to be discussed). (1365) RECONVENE: The Board reconvened at 5:05 p.m. following a closed session conference with legal counsel on actual litigation pursuant to Government Code Section 54956.9(x) (County of Butte v. Hayes, Butte Superior Court Case No. 117462, and Wayne Turner, et al. v. County of Butte, et al., Butte Superior Court Case No. 112050), and conference with legal counsel on potential litigation pursuant to Government Code Section 54956.9(c) (one potential case to be discussed). (NO ANNOUNCEMENTS) Communications 94-282 Communications received and referred. (COPIES OF ALL COMMUNICATIONS ARE AVAILABLE IN THE CLERK OF THE BOARD OFFICE.) a. Congressman Wally Herger, 2D District - forwards the Bureau of Indian Affairs and the Tyme Maidu Tribe, Berry Creek Rancheria responses to his inquiry regarding the Tribe's plans for gaming on the Berry Creek Rancheria. (REFER TO COUNTY COUNSEL AND DIRECTOR-DEVELOPMENT SERVICES) b. Victor and Rosie Martinez, Oroville - neighbors of the Maidu Indian Housing on Olive Highway, write the Board regarding the increased traffic on Olive Highway and the surrounding streets since the housing was completed, and to express their concern regarding the impact on traffic congestion and noise the rumored bingo parlor will have. (REFER TO COUNTY COUNSEL AND DIRECTOR-DEVELOPMENT SERVICES) Page 263 September 13, 1994 94-282 c. HolLynn DeLil, Access Consultant, State Department of Rehabilitation - writes to offer the assistance of the State Department of Rehabilitation to provide training to city and county officials in their responsibilities under the Americans with Disabilities Act (the ADA). (REFER TO DIRECTOR- PERSONNEL AND GENERAL SERVICES DIRECTOR) d. Randy Meline, Chairman, Agricultural Element Committee - forwards to the Board a progress report updating and apprising the Board of their accomplishments and the work yet to be completed. (REFER TO DIRECTOR-DEVELOPMENT SERVICES) e. Clif Sellers, Planning Director, City of Chico - forwards the Draft General Plan Environmental Impact Report. The City will receive comments on the Draft EIR through October 13. Public hearings are scheduled before the City's Planning Commission on Monday, September 19 and the City Council on Tuesday, September 27. (REFER TO DIRECTOR- DEVELOPMENT SERVICES) f. Gloria Bettencourt, petition for preserv Bidwell Park Drive adoption into the DIRECTOR-DEVELOPMENT RESPONSE) Chico, et al. - submit a ation and protection of North and Vallombrosa Avenue for General Plan. (REFER TO SERVICES FOR APPROPRIATE g. Thomas J. Lando, City Manager, City of Chico - fn response to recommendations from the Community Transit Advisory Committee and Clipper users, the Chico City Council is requesting Butte County provide additional Transportation Development Act (TDA) funds and revise the current operating agreement for the Chico Clipper in order to continue to provide service at the existing level plus meet the Americans With Disabilities Act (ADA) mandates. (REFER TO DIRECTOR-PUBLIC WORKS) h. John Motley, Chairman, State Department of Parks and Recreation, Off-Highway Motor Vehicle Recreation (OHIrIVR) Commission - the OHMVR Commission is urging individual cities and counties to assert rights to city or county roads that traverse all Federal lands. (REFER TO COUNTY COUNSEL, DIRECTOR-PUBLIC WORKS AND DIRECTOR- DEVELOPMENT SERVICES) Page 264 September 13, 1994 September 13. 1994 94-282 i. Candace J. Grubbs, Butte County Registrar of Voters - forwards to the Board the full text of a petition proposing the establishment of a "Butte County Mobile Home Park Rent Stabilization Ordinance" submitted to the Elections Department on August 29th. (REFER TO CHIEF ADMINISTRATIVE OFFICER) ADJOURNMENT: There being no further business before the Board, the meeting was adjourned at 5:05 p.m. to reconvene on Tuesday, September 27, 1994 at 9:00 a.m. ED McLAUG IN CHAIR Butte County and of Supervisors ATTEST: JOHN S. BLACKIACK, Chief Administrative Officer and Clerk of th Board of Supervisors BY ~ ~ -~ _ Page 265 September 13, 1994