HomeMy WebLinkAboutM091697MINUTES
September 16, 1997
R.J. BEELER, 1st District
JANE DOLAN, 2nd District
MARY ANNE HOUX 3rd District
CURT JOSIASSEN, 4th District
FRED C. DAMS, 5th District
Call to order - Board of Supervisors room, 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 Carol Roach, Assistant Clerk of
the Board.
Pledge of allegiance to the Flag of the United States of
America.
Invocation - Reverend Mac McComas, Oroville Rescue Mission.
97-274 Items removed from the Consent Agenda for Board consideration
and action.
1. Research Foundation - the Public Works Department
proposes to enter into an agreement with Research
Foundation, an auxiliary organization of California State
University, Chico, to perform engineering and traffic
surveys in accordance with the California Vehicle Code on
24 County road segments. The surveys will be performed
under the direction of a registered traffic engineer
providing authorization for radar enforcement of
applicable speed limits, at a cost not to exceed $8,600
(Road Fund) - action requested - APPROVE CONTRACT AND
AUTHORIZE THE DIRECTOR OF PUBLIC WORKS TO SIGN ON BEHALF
OF THE COUNTY. (Contract no. X10739)
Consent Agenda
97-275 1. Approval of minutes - action requested - APPROVE MINUTES
OF AUGUST 26, 1997.
2. Budget transfers - action requested - APPROVE BUDGET
TRANSFERS B-021 (COUNTY CLERK-RECORDER), AND B-024 (FIRE
DEPARTMENT.)
3. County Library donations - in accordance with Government
Code Section 25455, donations of $2,015 from the Chico
Friends of the Library, and $625 from the Gridley Friends
of the Library have been received for the Butte County
Trust Fund for the purchase of books - action requested -
ACCEPT DONATIONS AND AUTHORIZE LETTERS OF APPRECIATION.
Page 325 September 16, 1997
September 16, 1997
97-275 4. Appointment of nominees where a declaration of candidacy
form has been filed for the November 4, 1997 Uniform
District Election Law (UDEL) Election - action
requested - APPOINT/DECLARE ELECTED GREGORY V. MELTON TO
A FOUR YEAR TERM AS A DIRECTOR ON BUZZTAIL COMMUNITY
SERVICES DISTRICT; LAWRENCE O. GRELL TO A FOUR YEAR TERM
AS A DIRECTOR ON DRAINAGE DISTRICT 100; DENNIS E.
THENGVALL TO A FOUR YEAR TERM AS A DIRECTOR ON RICHVALE
SANITARY DISTRICT; AND JOSEPH M. BOZZO, GREGORY R.
CORREA, AND ROBERT C. WALLER TO FOUR YEAR TERMS AS
DIRECTORS ON BUTTE WATER DISTRICT.
5. Richvale Irrigation District - appointment of nominees
where a declaration of candidacy form has been filed
(landowner election pursuant to Section 20527.11 et seq.
of the Water Code) - action requested - APPOINT/DECLARE
ELECTED GENE HARRIS AND WALT MEYER TO FOUR YEAR TERMS AS
DIRECTORS OF RICHVALE IRRIGATION DISTRICT REPRESENTING
THE DISTRICT AT LARGE.
6. Private Industry Council - action requested - REAPPOINT
ROBERT L. HEWITT, ATTORNEY AT LAW (OROVILLE BUSINESS
REPRESENTATIVE), TO A TERM TO EXPIRE JUNE, 2000.
7. Report to Board on the Planning Commission's denial,
without prejudice, of a request by the Butte County Board
of Supervisors to rezone from FR-5 to FR-20 various
parcels, property located on both sides of Honey Run Road
between Skyway and the Honey Run Covered Bridge, in Butte
Creek Canyon. The rezone would affect approximately 800
acres of land - action requested - ACCEPT FOR
INFORMATION.
8. Conveyance of Development Rights and Open Area Easement
(Naumes, Inc.) - pursuant to mitigation measure no. 1 in
the tentative parcel map approval, Hank O'Dougherty,
Chief Operating Officer, on behalf of Naumes, Inc. has
executed a Conveyance of Development Rights and Open Area
Easement - action requested - APPROVE AGREEMENT AND
AUTHORIZE THE CHAIR TO SIGN.
9. Final map - West Chico Estates Subdivision, Unit No. 3 -
the developer has installed oversized drainage facilities
in accordance with the adopted Chico Vecino Drainage
Plan, and has requested reimbursement in accordance with
County standards, AP 043-040-139, 043-650-044 and -045,
23 lots, property located on the southeast corner of
Moyer Way and West 12th Avenue, Chico area. Also, the
developer has provided a Letter of Credit to guarantee
maintenance of facilities for a period of one year
starting August 21, 1997 - action requested - APPROVE
FINAL MAP, ACCEPT EASEMENTS AS GRANTED IN ITEMS B AND C
OF THE OWNER'S STATEMENT ON BEHALF OF THE PUBLIC, ACCEPT
GRANT IN FEE SIMPLE MOYER WAY AND CHERRY GLENN COURT AS
OFFERED IN ITEM A OF THE OWNER' STATEMENT, AND AUTHORIZE
THE CHAIR TO SIGN THE SUBDIVISION AGREEMENT AND
REIMBURSEMENT AGREEMENT.
Page 326 September 16,1997
September 16, 1997
97-275 10. Kelly Ridge Estates, Unit 3, subdivision map - Kevin M.
Russell, 131 Kokanee Drive, has requested permission to
cross the one-foot no access strip, granted to the County
with the recording of the subdivision map, with a
driveway to a recreational vehicle storage area. If
permission is granted, he would construct the driveway to
County standards and construct a cover over the storage
area to protect his recreational vehicle. He has no
other means of vehicular access to this part of his
property - action requested - APPROVE ISSUANCE OF AN
ENCROACHMENT PERMIT TO CONSTRUCT A RECREATIONAL VEHICLE
STORAGE AREA DRIVEWAY ON ARROYO DRIVE, FOR PROPERTY
CURRENTLY OWNED BY KEVIN M. RUSSELL.
11. Fire Department - conveyance of County property - Board
authorization is requested for the donation of fire
engine no. 92, a 1971 International Fire Engine (County
vehicle no. 339, asset no. 009532, license no. 581420,
vin no. 2267110071343) to the Butte College Fire Science
Academy. This engine is no longer suitable for active
Fire Department use, but will be a valuable Academy
training tool - action requested - AUTHORIZE PUBLICATION
OF NOTICE OF INTENTION TO CONVEY COUNTY PROPERTY PURSUANT
TO GOVERNMENT CODE SECTIONS 25365 AND 6061.
12. Fire Department - Life Saving Rescue Equipment Grant
equipment acquisition - Board approval is requested for
submittal of an application to the State of California
Office of Traffic Safety in the amount of $56,000 to
acquire extrication tools and equipment: Extrication
Holmatro pumps (2), extrication Holmatro cutting tools
(4), extrication Holmatro rams (2), extrication Holmatro
wedge (2), extrication Holmatro lifting bags (6 sets),
and extrication accessories in the maximum amount of
$55,000, and training expenses of $1,000 (100 State) -
action requested - APPROVE BUDGET TRANSFER B-022
RECOGNIZING AND APPROPRIATING UNANTICIPATED REVENUE AND
AUTHORIZE PURCHASE OF FIXED ASSET ITEMS.
13. Fire Department - Board approval is requested to transfer
$30,000 from the Department's cost share trust fund to
the Department's volunteer budget for completion of
construction on Volunteer Fire Station 27, Centerville
F~oad at the steel bridge. All labor will be by community
volunteers, California Division of Forestry fire crews or
Butte Community College students - action requested -
APPROVE BUDGET TRANSFER B-023.
14. Award of bid no. 06-98 - front end loader - bids have
been opened for the purchase of a front end loader for
the Public Works Department with the low bidder being GCS
Western of Sacramento in the amount of $142,263.52 -
action requested - AWARD BID.
Page 327
September 16, 1997
September 16, 1997
97-275 15. Award of bid no. 07-98 - cab and chassis - bids have been
opened for the purchase of a 9,000 pound 4x2 cab and
chassis for the Public Works Department with the low
bidder meeting specifications being Gold Rush Chevrolet
in the amount of $25,725.19 - action requested - AWARD
BID.
16. Award of bid no. 13-98 - County Clerk/Recorder
carpeting - bids have been opened for the installation of
carpet as part of the County Clerk/Recorder remodel
project with the low bidder being Towne Carpet of Chico
in the amount of $10,429 (Recorder's System Trust Fund) -
action requested - APPROVE BUDGET TRANSFER B-026 AND
AWARD BID.
17. Award of bid no. 14-98 - brake drum rotor lathe - bids
have been opened for the purchase of a brake drum rotor
lathe for the Public Works Department with the low bidder
meeting specifications being Transportation Supplies,
Inc. of St. Paul, MN in the amount of $12,274.77 (Road
Fund) - action requested - AWARD BID.
18. Award of bid no. 16-98 - boom mounted hydraulic
demolition hammer - bids have been opened for the
equipment for the Public Works Department with the low
bidder meeting specifications being GCS Western Power
Equipment Co. of West Sacramento in the amount of
$15,036.45, including sales tax - action requested -
AWARD BID.
19. Award of bid no. 22-98 - chiller installation - bids have
been opened for purchase and installation of a 70-ton air
cooled chiller for the Administration Building, 25 County
Center Drive with the low bidder being IPS Mechanical,
Inc. of Sacramento in the amount of $58,800, plus $3,865
for an extended warranty from years two through five -
action requested - AWARD BID SUBJECT TO APPROVAL OF THE
1997-98 FINAL BUDGET.
20. Award of bid. no. 24-98 -four wheel drive pickup truck -
bids have been opened for the purchase of a one-half ton
compact 4x4 pickup truck for the Neal Road Sanitary
Landfill Management Division with the low bidder meeting
specifications being Lasher Auto Center of Woodland in
the amount of $18,785.52 (Neal Road Landfill Management
Fund) - action requested - AWARD BID SUBJECT TO APPROVAL
OF THE 1997-98 FINAL BUDGET.
21. Sheriff's helicopter - Board authorization is requested
to purchase a 1979 Bell 206BIII Jet Ranger helicopter
from Construction Helicopter, Ukiah, CA in the amount of
$403,125, including sales tax - action requested -
APPROVE BUDGET TRANSFER B-025 AND AUTHORIZE SOLE SOURCE
PURCHASE.
Page 328
September 16, 1997
September 16. 1997
97-275 22. Reissuance of stale dated checks - the District
Attorney (Family Support Division) requests Board
authorization to reissue County checks nos. 070076,
088014, 088329, 088653, 089439, 089942, 090199, 093955
and 115404, which are stale dated. These checks
represent child support payments authorized by the Family
Support Division to be drawn against Fund 1150; however,
the payee failed to negotiate the checks within the six
month period allotted - action requested - AUTHORIZE
REISSUANCE OF STALE DATED CHECKS.
23. 1997-98 Economic Development Administration Planning
Grant - Board approval is requested for utilization of
$5,100 in Community Development Block Grant Development
(CDBG) program income funds as Butte County's local cash
match for the annual Economic Development Administration
Planning Grant - action requested - APPROVE UTILIZATION
OF $5,100 CDBG PROGRAM INCOME FUNDS AND AUTHORIZE THE
CHAIR TO SIGN THE MATCH AGREEMENT. (Contract no. X10729)
24. Introduction of a salary ordinance amendment
implementing changes recommended in a classification
study conducted by D. M. Griffith & Associates of the Air
Quality Management District's positions of Assistant Air
Pollution Control Officer and Air Pollution Control
Engineer. The proposed ordinance implements the
following recommendations: 1) Reallocate the salary
range for the position of Assistant Air Pollution Control
Officer from salary range 1245 (monthly equivalent
$3,309-$4,022) to salary range 1285 (monthly equivalent
$4,022-$4,888); 2) Retitle the classification of Air
Pollution Control Engineer to Senior Air Pollution
Control Engineer, and reallocate the salary from salary
range 1225 (monthly equivalent $3,001-$3,648) to salary
range 1265 (monthly equivalent $3,648-$4,434); and 3)
Reclassify the current Air Pollution Control Engineer to
Senior Air Pollution Control Engineer - action
requested - WAIVE READING OF THE ORDINANCE.
25. Introduction of an Ordinance Enacting Butte County Code
Section 10-21.1, Entitled "Seasonal Closure of Portion of
Humboldt Road in the Jonesville Area", and Amending Butte
County Code Section 10-22, to be Entitled "Penalty for
Violation of Section 10-21 and 10-21.1" - action
requested - WAIVE READING OF THE ORDINANCE AND SET FOR
PUBLIC HEARING ON TUESDAY, OCTOBER 14, 1997 AT 10:00 A.M.
26. Notice of completion for construction of Meridian Road
bridge across Desolation Ditch (County Contract No.
65133-96-1} - all contract work has been completed in
accordance with the plans and specifications - action
requested - ACCEPT CONTRACT WORK, AUTHORIZE CHAIR TO SIGN
THE NOTICE OF COMPLETION, AND AUTHORIZE RECORDING OF THE
NOTICE OF COMPLETION.
Page 329
September 16, 1997
September 16, 1997
97-275 27. Report to Board - bid opening for construction of storm
damage repair of Pulga Road at 0.23 miles and 0.90 miles
north of State Highway 70 (County Project No. 76555E-97-
1) - action requested - AWARD CONTRACT TO LOW BIDDER,
ESCHEMAN CONSTRUCTION, IN THE AMOUNT OF $73,640 AND
AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY
COUNSEL AND THE AUDITOR-CONTROLLER.
28. Report of Board - bid opening for construction of Hildale
Avenue from State Route 162 to Oakvale Avenue (County
Project No. 26525B-96-1 - action requested - AWARD
CONTRACT TO LOW BIDDER, BUTTE CONSTRUCTION, INC., IN THE
AMOUNT OF $398,055.00 AND AUTHORIZE THE CHAIR TO SIGN
SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-
CONTROLLER.
29. Report to Board - bid opening for regrading of Cox Lane
and Munjar Road (County Project No. AQMD-97-1) - action
requested - AWARD CONTRACT TO LOW BIDDER, FRANKLIN
CONSTRUCTION, INC., IN THE AMOUNT OF $146,349.00 AND
AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY
COUNSEL AND THE AUDITOR-CONTROLLER.
30. Report to Board - bid opening for construction of storm
damage repair of Midway at Butte Creek - Phase II (County
Project No. 26311-97-1) - action requested - AWARD
CONTRACT TO LOW BIDDER, ROBINSON CONSTRUCTION COMPANY,
INC., IN THE AMOUNT OF $35,075.00 AND AUTHORIZE THE CHAIR
TO SZGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE
AUDITOR-CONTROLLER.
31. Report of Board - bid opening for Durham Dayton Highway
bridge channel storm damage restoration (County Project
No. ER-48253-97-02) - action requested - AWARD CONTRACT
TO LOW BIDDER, FRANKLIN CONSTRUCTION, INC. IN THE AMOUNT
OF $25,580.00 AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO
APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER.
32. Butte County Air Quality Management District
(BCAQMD)/Department of Motor Vehicles (DMV) Registration
Surcharge Fee Grant Program - on June 19, 1997, BCRQMD
Board approved funding for selected DMV grant requests.
Proposed are contracts for the surfacing of Cox Lane
(contract no. X10727) and Munjar Road (contract no.
X10738) to ~teduce fugitive dust emissions, in the amount
of $50,000 (BCAQMD) for each contract - action
requested - APPROVE CONTRACTS AND AUTHORIZE THE DIRECTOR
OF PUBLIC WORKS TO SIGN ON BEHALF OF THE COUNTY.
33. William O. Scott, Jr., Court Commissioner - proposed is
an amendment to the original contract that will set the
Commissioner's annual vacation accrual at 20 days per
year and eliminate any further management leave
accruals - action requested - APPROVE AMENDMENT TO
CONTRACT AND AUTHORIZE THE CHAIR TO SIGN.
Page 330
September 16, 1997
September 16, 1997
97-275 34. David E. Gunn, Family Law Commissioner - proposed is an
amendment to the original contract to adjust salary at
85~ of a superior court judge's salary as required by
Assembly Bill 1058 (Chapter 957, Statutes of 1996), and
set the Commissioner's annual vacation accrual at 20 days
per year and eliminate any further management leave
accruals - action requested - APPROVE AMENDMENT AND
AUTHORIZE THE CHAIR TO SIGN.
35. DFM Associates - the County Clerk-Recorder has contracted
with DFM Associates for professional software services
for the Elections Office and County Clerk-Recorder's
Office since December 14, 1987. Proposed is a contract
modification which extends the contract expiration date
to June 30, 2002. All other terms of the agreement
remain the same - action requested - APPROVE CONTRACT
MODIFICATION AND AUTHORIZE THE CHAIR TO SIGN. (X10610)
36. Brown's River Records Preservation Services - the County
Clerk-Recorder's Office began a historical records
restoration/preservation program in fiscal year 1994-95.
Since that time, over 50 original record books dating
back to the 1850s have been restored and preserved to
prevent further deterioration of these invaluable county
records. The proposed contract continues this service
commencing July 1, 1997 through June 30, 2000 in the
maximum amount of $15,000 per year (Micrographics Trust
Fund) - action requested - APPROVE CONTRACT AND AUTHORIZE
THE CHAIR TO SIGN. (Contract no. X10620)
37. Danka Office Imaging - a maintenance service
agreement has been prepared with Danka Office Imaging
covering service to one of the Print Shop's high speed
Kodak 235AF duplicators. The agreement is based upon
copies produced on the machine. The amount identified in
the budget is $27,000 (ISF budget) - action requested -
APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT
TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER.
(Contract no. X10731)
38. California State Department of Alcohol and Drug
Programs - Negotiated Net Amount (NNA) Revenue Contract -
proposed is amendment no. 09-94-A5 which decreases this
agreement for fiscal year 1996-97 by $97,024 (from
$2,066,528) for a new fiscal year 1996-97 total not to
exceed $2,019,054 due to two County Alcohol, Drug and
Mental Health Services contractors having changes in
services they were able to provide reimbursable Medi-Cal
billing - action requested - APPROVE AMENDMENT TO
AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN.
Page 331
September 16,1997
September 16, 1997
97-275 39. Victor Treatment Centers, Inc. - Butte County Alcohol,
Drug and Mental Health Services (BCADMHS) proposes to
continue contracting with Victor Treatment Centers, Inc.
to provide an adolescent day treatment and medication-
monitoring program for children at their facility in
Redding. The term of the contract is July 1, 1997
through June 30, 1998 in the maximum amount of $439,910
(Realignment). Via the contract, Victor Treatment
Centers, Inc. will pay BCADMHS $75,000 for provision of
billing support services and the utilization review
component of the program - action requested - APPROVE
AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract no.
X10707)
40. Victor Treatment Centers, Inc. - Butte County Alcohol,
Drug and Mental Health Services (BCADMHS) proposes to
continue contracting with Victor Treatment Centers, Inc.
to provide intensive residential treatment for mentally
ill adolescents who would otherwise require more
restrictive and costly care in a hospital setting. The
term of the contract is July 1, 1997 through June 30,
1998 in the maximum amount of $132,280 (Realignment) -
action requested - APPROVE AGREEMENT AND AUTHORIZE THE
CHAIR TO SIGN. (Contract no. X10708)
41. Neal Road Landfill Company - landfill operations along
the west face of Module 1 and the development of Module
4 make it necessary to replace and relocate the existing
leachate collection and removal system transfer lines
that were previously installed on a temporary basis. A
letter proposal, dated September 2, 1997, has been
submitted by Neal Road Landfill Company to perform the
work at a cost not to exceed $56,430 (Neal Road Landfill
Management Fund) - action requested - APPROVE LETTER
PROPOSAL AND AUTHORIZE THE DIRECTOR OF PUBLIC WORKS TO
SIGN ON BEHALF OF THE COUNTY. (Contract no. X10738)
42. Northern Valley Catholic Social Services (NVCSS) -
proposed is amendment no. 1 to increase the 1997/98
portion of the Family Preservation and Support Program-
Community Alternatives to Violence contract with NVCSS
from $266,895 to $341,074 - action requested - APPROVE
BUDGET TRANSFER B-027 TO REDUCE 1996/97 CONTRACT MAXIMUM
BY $74,180 (NEW MAXIMUM $31,684); ACCEPT AND APPROPRIATE
UNANTICIPATED REVENUE OF $74,180 (100 FEDERAL); AND
APPROVE AMENDMENT N0. 1 TO CONTRACT AND AUTHORIZE THE
CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND
THE AUDITOR-CONTROLLER. (Contract no. X10524)
Page 332
September 16, 1997
September 16, 1997
97-275
43. Northern Valley Catholic Social Services (NVCSS) -
proposed is amendment no. 1 to the 1997/98 contract for
the provision of CalLearn Case Management Services,
increasing the maximum payable from $100,000 to $190,000
(50$ Federal/50~ State}. Expenditures and revenues for
this action are included in the Department of Social
Welfare's fiscal year 1997-98 proposed budget - action
requested - APPROVE AMENDMENT NO. 1 TO CONTRACT AND
AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY
COUNSEL AND THE AUDITOR-CONTROLLER. (Contract no.
X10602)
44. Joint Public Meeting with the Chico City Council to
discuss the issuance of an additional solid waste
collector permit for the Chico Urban Area - action
requested - CONFIRM MEETING FOR TUESDAY, OCTOBER 8, 1997
AT 4:00 P.M. IN THE CHICO CITY COUNCIL CHAMBERS.
MOTION: I MOVE TO APPROVE THE CONSENT AGENDA WITH THE
REMOVAL OF ITEM 3.41.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
Regular Agenda
97-276
97-277
Appointments - commissions and committees.
A. Appointments to committee vacancies.
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
B. California State Association of Counties - action
requested - APPOINT DIRECTOR AND ALTERNATE DIRECTOR TO
TERMS TO EXPIRE SEPTEMBER, 1998.
MOTION: I MOVE TO REAPPOINT SUPERVISOR BEELER AS THE
DIRECTOR TO THE CALIFORNIA STATE ASSOCIATION OF
COUNTIES TO A TERM TO EXPIRE SEPTEMBER, 1998.
MOTION: I MOVE TO REAPPOINT SUPERVISOR DOLAN AS THE
ALTERNATE DIRECTOR TO THE CALIFORNIA STATE
ASSOCIATION OF COUNTIES TO A TERM TO EXPIRE
SEPTEMBER, 1998.
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
Update on legislative and budget activities. (JOHN S.
BLACKLOCK, CHIEF ADMINISTRATIVE OFFICER, REPORTED ON TRIAL
COURT FUNDING, A VERY KEY BILL FOR COUNTIES THAT PASSED THIS
YEAR.)
Page 333
September 16, 1997
September 16, 1997
97-278 Power purchasing pool for electricity - a resolution has been
prepared for joining the Association of Bay Area Governments
(ABAG) electric power purchasing pool for all electric accounts
presently served by P.G.E. Additionally, there are two
agreements covering the Joint Powers Agreement Creating ABAG
POWER and an operational agreement. These actions will allow
the County to save between 4$ and 13~ on its electric power
beginning calendar year 1998 - action requested:
A. ADOPT RESOLUTION JOINING THE ABAG ELECTRIC POWER
PURCHASING POOL AND AUTHORIZE THE CHAIR TO SIGN;
B.
C.
D.
APPROVE THE JOINT POWERS AGREEMENT CREATING ABAG POWER
AND AUTHORIZE THE CHAIR TO SIGN;
APPROVE THE DIRECT ACCESS ELECTRIC AGGREGATION AGREEMENT
AND AUTHORIZE THE CHAIR TO SIGN; AND
APPOINT A DIRECTOR AND ALTERNATE
DIRECTORS OF ABAG POWER. (83)
MOTION: I MOVE TO A) ADOPT
ABAG ELECTRIC POWER
THE CHAIR TO SIGN;
AGREEMENT CREATING
CHAIR TO SIGN; AND
ELECTRIC AGGREGATIO
CHAIR TO SIGN.
M S
VOTE : l Y 2 Y 3 Y 4 Y 5 Y
RESOLUTION
PURCHASING
B) APPROVE
ABAG POWER
C) APPROVE
N AGREEMENT
TO THE BOARD OF
97-119 JOINING THE
POOL AND AUTHORIZE
THE JOINT POWERS
AND AUTHORIZE THE
THE DIRECT ACCESS
AND AUTHORIZE THE
(Unanimously Carried)
MOTION: I MOVE TO APPOINT MIKE PYEATT, GENERAL SERVICES
DIRECTOR AS DIRECTOR, AND DAVE MCCLAIN, CHIEF
DEPUTY COUNTY COUNSEL AS ALTERNATE DIRECTOR, TO THE
BOARD OF DIRECTORS OF ABAG POWER.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
CHAIR DAMS RECOGNIZED MITA MARKLAND, OF THE LEAGUE OF WOMEN
VOTERS OF BUTTE COUNTY, WHO WILL BE ATTENDING BOARD MEETINGS ON
THEIR BEHALF, AND MEMBERS OF THE 1998 GRAND JURY PRESENT FOR
TODAY'S MEETING.
Page 334
September 16, 1997
September 16, 1997
97-279 Butte County Water Commission - the following three
recommendations are proposed:
A. Formation of a Resource Conservation District (RCD) in
Butte County - action requested - ACCEPT THE
RECOMMENDATION OF THE WATER COMMISSION TO HOLD A PUBLIC
HEARING ON THE FORMATION OF A RESOURCE CONSERVATION
DISTRICT {RCD) ZN BUTTE COUNTY; {NO ACTION TAKEN PENDING
A REPORT TO THE BOARD FROM BILL OLSON, FARM & HOME
ADVISOR}
B. Mission Statement of the Butte County Water Division -
action requested - ACCEPT THE RECOMMENDATION OF THE WATER
COMMISSION AND APPROVE THE PROPOSED MISSION STATEMENT OF
THE BUTTE COUNTY WATER DIVISION; AND
MOTION: I MOVE TO ACCEPT THE RECOMMENDATION OF THE WATER
COMMISSION AND APPROVE THE PROPOSED MISSION
STATEMENT OF THE BUTTE COUNTY WATER DIVISION.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
C. P.G.&E. DeSabla-Centerville Hydroelectric Project in
Butte County - the Water Commission reviewed a copy of
correspondence from the Paradise area consortium of water
districts to P.G.&E. in which they requested that they
would be interested in initiating discussions for the
transfer/sale of this Project at such time as P.G.&E. has
determined its ultimate disposition. Their primary
concern is the continued availability of water which they
have historically used and see as a resource necessary
for their future - action requested - ACCEPT THE
RECOMMENDATION OF THE WATER COMMISSION TO SEND A LETTER
OF SUPPORT TO P.G.&E. FOR THE PARADISE COMMUNITY
CONSORTIUM OF WATER DISTRICTS. (347) (NO ACTION TAKEN)
(BOARD DIRECTION TO SET A PUBLIC MEETING/WORKSHOP TO INCLUDE
PARADISE IRRIGATION DISTRICT, DEL ORO WATER DISTRICT, LIME
SADDLE WATER DISTRICT, MAGALIA WATER DISTRICT, UPPER RIDGE
COORDINATING COUNCIL, WATER COMMISSION AND BOARD OF
SUPERVISORS)
Page 235
September 16, 1997
September 16, 1997
97-280 A MATTER ON WHICH A PUBLIC HEARING HAS BEEN HELD AND A MOTION
OF INTENT HAS BEEN ADOPTED - 1997-98 Butte County Final
Budget - action requested:
A. Report and recommendation of the 40 hour work week
working group - action requested - ACCEPT THE
RECOMMENDATIONS OF THE GROUP AND REQUEST THAT A
RESOLUTION BE PLACED ON THE SEPTEMBER 23, 1997 AGENDA TO
RETURN SPECIFIED DEPARTMENTS TO A 40 HOUR WORK WEEK AS OF
PAY PERIOD 24 (NOVEMBER 1, 1997.)
MOTION: I MOVE TO ACCEPT THE RECOMMENDATIONS OF THE GROUP
AND REQUEST THAT A RESOLUTION BE PLACED ON THE
SEPTEMBER 23, 1997 AGENDA TO RETURN THE
ADMINISTRATIVE OFFICE (CLERK OF BOARD, GENERAL
SERVICES ADMINISTRATION, PURCHASING, EMERGENCY
SERVICES, BUILDINGS AND GROUNDS, CENTRAL
DUPLICATING), BOARD OF SUPERVISORS' ADMINISTRATIVE
ASSISTANTS (TO A FIVE DAY WORK WEEK), PERSONNEL,
COUNTY COUNSEL, JAIL CONSENT DECREE, AGRICULTURE
DEPARTMENT (TO INCLUDE WATER DIVISION), PUBLIC
WORKS (YARD AND STORES, ROAD LABOR, TRANSIT),
INSURANCE, CENTRAL STORES, COMMUNICATIONS, AND
INFORMATION SYSTEMS TO A 40 HOUR WORK WEEK
EFFECTIVE WITH THE BEGINNING OF PAY PERIOD 29,
NOVEMBER 1, 1997; DEVELOPMENT SERVICES, BUILDING
INSPECTION, SUBDIVISION INSPECTION, PLANNING AND
ENVIRONMENTAL HEALTH TO REPORT TO THE WORKING GROUP
BY NOVEMBER 1, 1997 WITH A DETAILED PLAN FOR
IMPLEMENTATION OF THE 40 HOUR WORK WEEK WITH THE
EFFECTIVE DATE OF IMPLEMENTATION TO BE AFTER
JANUARY 1, 1998. THE PLAN SHOULD TAKE INTO
CONSIDERATION SEASONAL NEEDS OF CONSTRUCTION; AND
ANIMAL/RABIES CONTROL, PUBLIC HEALTH, MENTAL
HEALTH, MENTAL HEALTH ALCOHOL AND DRUG, WELFARE
ADMINISTRATION, WELFARE GAIN, WELFARE ELIGIBILITY,
AND WELFARE PROTECTIVE SERVICES ARE TO RETURN TO
THE WORKING GROUP WITH A IMPLEMENTATION PLAN AND
COST FACTORS IN TIME FOR A REPORT TO GO TO THE
BOARD OF SUPERVISORS AT THE FIRST SCHEDULED METING
IN JANUARY, 1998.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
B. ADOPT RESOLUTION ADOPTING 1997-98 BUTTE COUNTY FINAL
BUDGET AND AUTHORIZE THE CHAIR TO SIGN.
MOTION: I MOVE FOR A MOTION OF INTENT TO ADOPT RESOLUTION
ADOPTING 1997-98 BUTTE COUNTY FINAL BUDGET.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
(Continued on Page 237)
Page 236
September 16, 1997
September 16, 1997
97-280 C. Introduction of a salary ordinance and position
allocation implementing the 1997-98 final budget - the
proposed ordinance incorporates personnel changes
associated with recommendations contained within the
final budget for fiscal year 1997-98 - action requested -
WAIVE READING OF THE ORDINANCE.
MOTION: I MOVE TO WAIVE READING OF THE ORDINANCE.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
(CALIFORNIA GOVERNMENT CODE SECTION 29088 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 [PUBLIC HEARING CLOSED
ON AUGUST 26, 1997]) (FROM 8-26-97)
Public Hearincrs and Timed Items
97-281 Public hearing - Community Development Block Grant (CDBG) -
consideration of an application to the State of California for
a Planning and Technical Assistance Grant in an amount up to
$35,000.00. The purpose of the grant is to prepare an Industry
Analysis, Business Needs Assessment and Business Retention and
Expansion Plan - action requested - ADOPT RESOLUTION APPROVING
AN APPLICATION FOR FUNDING AND THE EXECUTION OF A GRANT
AGREEMENT FROM THE ECONOMIC DEVELOPMENT PLANNING/TECHNICAL
ASSISTANCE ALLOCATION OF THE STATE CDBG PROGRAM AND AUTHORIZE
THE CHAIR TO SIGN. (1535)
MOTION: I MOVE TO ADOPT RESOLUTION 97-121 APPROVING AN
APPLICATION FOR FUNDING AND THE EXECUTION OF A
GRANT AGREEMENT (FOR THE CHIEF ADMINISTRATIVE
OFFICER'S SIGNATURE) FROM THE ECONOMIC DEVELOPMENT
PLANNING/TECHNICAL ASSISTANCE ALLOCATION OF THE
STATE CDBG PROGRAM AND AUTHORIZE THE CHAIR TO SIGN.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
Page 237
September 16, 1997
September 16, 1997
97-282 Public hearing - George Tanimoto - consideration of a lot line
adjustment (item which has been determined to be categorically
exempt from environmental review), AP 024-130-011, -086 and
-087, modifying the boundaries of six lots, property located on
the southeast corner of River Avenue and Clardy Avenue, Gridley
area - action requested - STAFF RECOd~IENDS DENIM, OF THE APPEAL
FOR THE TANIMOTO LOT LINE ADJUSTMENT, FINDING THE RESULTING
LOTS WOULD NOT COMPLY WITH THE A-40 ZONING FOR THIS PROPERTY.
(1963) (**00) (PUBLIC HEARING CLOSED)
MOTION: I MOVE TO REFER THIS APPEAL OF THE DENIM, OF A LOT
LINE ADJUSTMENT BACK TO THE PUBLIC WORKS
DEPARTMENT/LAND DEVELOPMENT DIVISION, DEVELOPMENT
SERVICES DEPARTMENT, COUNTY COUNSEL, AGRICULTURAL
COMMISSIONER, AND APPLICANT AND HIS ADVOCATE TO
REVIEW THIS ISSUE AND WORK OUT A SOLUTION WE CAN
ALL LIVE WITH.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
(BOARD DIRECTION TO THE DIRECTOR-DEVELOPMENT SERVICES TO BRING
BACK TO THE BOARD FOR DIRECTION A PROPOSAL FOR A REVISIT OF THE
AGRICULTURAL ELEMENT OF THE GENERAL PLAN AS IT RELATES TO HOMES
IN AGRICULTURAL ZONES)
Regular Agenda
97-283 Items removed from the Consent Agenda for Board consideration
and action.
1. Research Foundation - the Public Works Department
proposes to enter into an agreement with Research
Foundation, an auxiliary organization of California State
University, Chico, to perform engineering and traffic
surveys in accordance with the California Vehicle Code on
24 County road segments. The surveys will be performed
under the direction of a registered traffic engineer
providing authorization for radar enforcement of
applicable speed limits, at a cost not to exceed $8,600
(Road Fund) - action requested - APPROVE CONTRACT AND
AUTHORIZE THE DIRECTOR OF PUBLIC WORKS TO SIGN ON BEHALF
OF THE COUNTY. (Contract no. X10739) (521)
MOTION: I MOVE TO APPROVE CONTRACT AND AUTHORIZE THE
DIRECTOR OF PUBLIC WORKS TO SIGN ON BEHALF OF THE
COUNTY.
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
Page 238
September 16, 1997
September 16, 1997
97-284 CLOSED SESSION: The Board recessed at 11:15 a.m. to a closed
session conference with labor negotiator
pursuant to Government Code Section 54957.6:
Agency negotiator: Bill Avery; and Employee
organizations: Butte County Employees
Association; Butte County Management Employees
Association; Social Services Workers Unit; and
Butte County Law Enforcement Officers
Association (General Unit and Management-
Supervisory Unit.)
RECONVENE: The Board reconvened at 12:23 p.m. following a
closed session conference with labor negotiator
pursuant to Government Code Section 54957.6:
Agency negotiator: Bill Avery; and Employee
organizations: Butte County Employees Association;
Butte County Management Employees Association;
Social Services Workers Unit; and Butte County Law
Enforcement Officers Association (General Unit and
Management-Supervisory Unit.) (NO ANNOUNCEMENTS)
Regular Agenda
97-285 Renaming of private roads in the Chico area - Olive Street and
Polk Street (from McIntosh Avenue to End) to Old Chico Way -
action requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO
SIGN SETTING A PUBLIC HEARING FOR TUESDAY, OCTOBER 14, 1997 AT
10:30 A.M. (815)
MOTION: I MOVE TO ADOPT RESOLUTION 97-122 AND AUTHORIZE THE
CHAIR TO SIGN SETTING A PUBLIC HEARING FOR TUESDAY,
OCTOBER 14, 1997 AT 10:30 A.M.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried}
97-286 Introduction of an Ordinance Amending Butte County Code
Chapters 26, Buildings, 26B, Mechanical Code, 27, Electricity,
and 28, Plumbing - the 1994 Uniform Codes and the 1993 National
Electric Code have been in effect at the local level in the
State of California since January 1996. The proposed ordinance
will bring the Butte County Code current with the mandated
Uniform Codes, and contains three new provisions: 1) Recision
of agricultural building exemption when located within a
National Flood Insurance Program (NFIP) flood zone; 2)
Transfer of Housing Code enforcement from Environmental Health
to the Building Division; and 3) Revision of the violations
and penalties provisions making it unlawful to enter or remain
in a building in violation of any notice or order given or
issued by the Building Official pursuant to official duties -
action requested - WAIVE READING OF THE ORDINANCE. (897)
MOTION: I MOVE TO WAIVE READING OF THE ORDINANCE.
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
Page 239
September 16, 1997
September 16, 1997
97-287 Pay for Performance Program for Appointed Department Heads -
action requested - ADOPT ANNUAL PERFORMANCE REVIEW PROCEDURES
FOR APPOINTED DEPARTMENT HEADS. (1300)
MOTION: I MOVE TO ADOPT THE ANNUAL PERFORMANCE REVIEW
PROCEDURES FOR APPOINTED DEPARTMENT HEADS.
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
(BOARD DIRECTION TO PLACE ON THE AGENDA OF SEPTEMBER 23RD AN
ITEM TO SET A SPECIAL MEETING OF THE BOARD ON TUESDAY,
OCTOBER 7, 1997 SPECIFICALLY TO DEAL WITH SEVERAL OF THESE
REVIEW PROCESSES)
97-288 Public Comment. (PRESENTATIONS WILL BE LIMITED TO FIVE
MINUTES. THE BOARD OF SUPERVISORS IS PROHIBITED BY STATE LAW
FROM TAKING ACTION ON ANY ITEM PRESENTED IF IT IS NOT LISTED ON
THE AGENDA.) (NONE)
97-289 CLOSED SESSION: The Board recessed at 12:45 p.m. to a
conference with legal counsel for actual
litigation pursuant to Government Code Section
54957.9(a): 1) Jones v. Butte County; Butte
County Superior Court Case No. 84429; and
2) Butte County v. Thermalito Irrigation
District; Butte County Superior Court Case No.
120828; and a conference with legal counsel
for anticipated litigation: Initiation of
litigation pursuant to Government Code Section
54945.9(c): One potential case.
RECONVENE: The Board reconvened at 2:02 p.m. following a
conference with legal counsel for actual litigation
pursuant to Government Code Section 54957.9{a): 1)
Jones v. Butte County; Butte County Superior
Court Case No. 84429; and 2) Butte County v.
Thermalito Irrigation District; Butte County
Superior Court Case No. 120828; and a conference
with legal counsel for anticipated litigation:
Initiation of litigation pursuant to Government
Code Section 54945.9(c): One potential case. (NO
ANNOUNCEMENTS)
Page 240
September 16, 1997
September 16, 1997
Communications
97-290 Communications received and referred. (COPIES OF ALL
COMMUNICATIONS ARE AVAILABLE IN THE CLERK OF THE BOARD OFFICE.)
A. Linda Cole, Natural Resources Chair, League of Women
Voters of Butte County - writes on behalf of the League
in support of: 1) Form a countywide Resource Conservation
District (RCD) in Butte County; 2) Avoid the expense of
surveys to create fragmented gerrymandered districts; and
3) Elect one director from each Supervisorial District
with two at-large directors. (FARM ADVISOR,
AGRICULTURAL COMMISSIONER/WATER DIVISION, DIRECTOR-
DEVELOPMENT SERVICES, AND CHIEF ADMINISTRATIVE OFFICER)
B. Citizens of Butte County and residents/visitors of Butte
Creek Canyon - petition the Board of Supervisors and the
Director of Public Works for additional pavement in known
trespass pull-out areas to eliminate hazardous road
conditions on Centerville Road and to end illegal
trespass onto private properties, between the Honey Run
Covered Bridge and Castle Rock Court. (REFER TO
DIRECTOR-PUBLIC WORKS AND BOARD OF SUPERVISORS)
C. Rick Keene, Mayor, City of Chico - writes asking Board
support and assistance in any way possible to encourage
CalTrans to help alleviate/solve an increasingly
hazardous condition on State Highway Route 99 between the
intersections of State Highway Route 32 and E. 1st
Avenue. (REFER TO DIRECTOR-PUBLIC WORKS AND CHIEF
ADMINISTRATIVE OFFICER)
ADJOURNMENT: There being no further business before the
Board, the meeting was adjourned at 2:03 P.M.
to reconvene on Tuesday, September 23, 1997 at
9:00 a.m. ~ '~
J
D
ATTEST:
JOHN S. BLACKLOC&, Chief Administrative Officer
and Clerk of the Board of Supervisors
1
By: ~ ~. ~ L~~~<< c._.
S, Chair
Page 241
September 16, 1997