HomeMy WebLinkAboutM092695MINUTES
BOARD OF SUPERVISORS
ED McLAUGHLtN, 4th District, Chair
VIVIAN MEYER, 1st District
JANE DOLAN, 2nd District
MARY ANNE HOUX, 3rd District
GORDON THOMAS, 5th District
September 26, 1995
Call to order -Board of Supervisors room, County Administration Building,
25 County Center Drive, Oroville. Present: Supervisors V. Meyer, Dolan, Houx,
Thomas and Chan McLaughlin. John S. Blacklock, Chief Administrative Officer,
Susan I1Tnasian, County Counsel; and Carol Roach, Assistant Clerk of the Board.
Pledge of allegiance to the Flag of the United States of America.
Invocation - Pastor Ed Redfern, Oroville Church of the Nazarene. (NOT PRESENT)
95-274 Consent Agenda
1. Budgettransfers -action requested -APPROVE BUDGET TRANSFERS B-
312 (AUDITOR-CONTROLLER), B-13 (FIRE), B-15 (SHERIFF), AND
B-17 (SHERIFF)
2. County Library donations - in accordance with Government code Section
25355, a donation of $524 from Oroville Friends of the Library has been
received for the Butte County Trust Fund for the purchase of books -action
requested -ACCEPT DONATION AND AUTHORIZE LETTER OF
APPRECIATION.
3. Final map - Dolder Tract Subdivision -the developer has provided an
Assignment of Savings and savings passbook to guarantee maintenance of
facilities for a period of one year starting September 13, 1995, on AP 036-
240-025, four lots located on the northeast corner of Edna Way and Data
Way, Oroville area -action requested -AUTHORIZE THE CHAIR TO
SIGN ASSIGNMENT OF SAVINGS, APPROVE FINAL MAP, ACCEPT
EASEMENTS AS GRANTED IN THE OWNER'S STATEMENT ON
BEHALF OF THE PUBLIC, NOTING THAT DATA WAY AS OFFERED
IN THE OWNER'S STATEMENT IS NOT ACCEPTED AT THIS TIlVIE,
AND AUTHORIZE THE CHAIR TO SIGN THE SUBDIVISION
AGREEMENT.
Page 279
September 26, 1995
September 26. 1995
95-274 4. Sheriff-Coroner -Board authoriTation is requested for the pwchase of five
mobile radios for the five deputies assigned to the Community Oriented
Policing Service program -action requested -APPROVE BUDGET
TRANSFER B-14 AND AUTHORIZE PURCHASE OF FIXED ASSET
ITEM.
County Clerk and North County Municipal Court -request for deletion of
previously approved fixed assets in the amount of $8,000 and approval of a
budget transfer to transfer monies to extra help account to fund existing extra
help positions -action requested -APPROVE ELIlvIINATION OF FIXED
ASSETS AND APPROVE BUDGET TRANSFER B-18.
6. County Service Area (CSA) No. 161 (Mulberry Street Lighting) -the
formation of CSA No. 161 (Mulberry Street Lighting) was approved by the
Board on February 14, 1995. Street lights are installed and funding must be
provided for maintenance and operation costs. As the CSA was approved
after January 1, 1995, fiuiding cannot be provided by assessment charges onto
the fiscal year 1995-96 tax roll, and it will be necessary to provide funding by
a $2,150 loan from the CSA Revolving Loan Fund -action requested -
ADOPT RESOLUTION 95-127 AND AUTHORIZE THE CHAIR TO
SIGN, AND APPROVE BUDGET TRANSFER B-11.
7. Local agency improvement fees - pwsuant to Government Code Section
6600G(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 fiscal year
1994-95 -action requested -ACCEPT FOR INFORMATION.
8. Postage Revolving Fund - a resolution has been prepared increasing the
Postage Revolving Fund from $20,000 to $40,000 -action requested -
ADOPT RESOLUTION 95-128 AND AUTHORIZE THE CHAIR TO
SIGN.
9. Adoption of a salary ordinance amendment establishing the position of
Director-Public Health at an annual salary of $68,617 -action requested -
ADOPT ORDINANCE 3214 AND AUTHORIZE THE CHAIR TO SIGN.
(FROM 9-12-95)
10. Introduction of a salary ordinance amendment which incorporates a new
salary table entitled Section 2. "Hourly and Bi-Weekly Salary Rates" and
Section 3. Reference A. "Salary Plan for Classified Positions -General Unit
Classifications" - action requested - WAIVE READING OF THE
ORDINANCE.
Page 280 September 26, 1995
September 26, 1995
95-274 11. Adoption of an ordinance terminating temporary moratorium on issuance of
certain water weU permits -action requested -ADOPT ORDINANCE 3215
AND AUTHORIZE THE CHAIR TO SIGN. (FROM 9-12-95)
12. Resolution in recognition of Deputy Roger Levey upon retirement from the
Butte County Sheriff s Department with 23 years of dedicated service -action
requested -ADOPT RESOLUTION 95-129 AND AUTHORIZE THE
CHAIR TO SIGN.
13. Notice of completion for pavement overlays on various Butte County roads,
County contract no. AC-94-2 -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.
14. Notice of completion for pavement overlays on Lumpkin Road from
Forbestown Road to Enterprise Road, County contract no. AC-94-1 -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.
15. Program Supplement No. 075 to Local Agency -State agreement no. 03-
5912 -reimbursement of funds for qualified projects under Local Agency-
State Agreement for Federal-Aid Projects No. 03-5912 requires execution of
a Program Supplement to the Master Agreement. Program Supplement No.
075 covers funding for reimbursement of construction engineering and
consttuction costs for the proposed project to replace the Aguas Frias Road
bridge (no. 12C-232) at Richvale drain (Federal funds/$170,400; Local match/
$42,600; TotaU$213,000) -action requested -APPROVE PROGRAM
SUPPLEMENT NO. 075, ADOPT RESOLUTION 95-130 AND
AUTHORIZE THE CHAIR TO SIGN.
1 b. Assignment of Counsel -County Counsel requests confirmation Grantsof
assignment of Wagenseller v. County of Butte to the law firm of Porter, Scott,
Weibert & Delehant (agreement to retain services approved by the Board on
January 11, 1994) -action requested -APPROVE ASSIGNMENT OF
COUNSEL.
Page 281
September 26, 1995
September 26, 1995
95-274 17. Letter of Authorization-Kleinfelder, Inc. - a letter of authorization has been
prepared in the amount of 58,000 to permit the soils testing firm to continue
testing work on the new court construction project -action requested -
APPROVE LETTER OF AUTHORIZATION AND AUTHORIZE THE
GENERAL SERVICES DIRECTOR OF SIGN.
18. Esplanade Manor -proposed is an agreement for the provision of socialization
and rehabilitation services to mental health clients as a part of the adult day
treatment program that will be run in cooperation with the Day Care
Rehabilitation Program. The term of the agreement is July 1, 1995 through
June 30, 1996 in the maximum amount of $165,000 (Realignment) -action
requested -APPROVE AGREEMENT AND AUTHORIZE THE CHAIR
TO SIGN SUBJECT TO APPROVAL OF AUDITOR-CONTROLLER AND
COUNTY COUNSEL.
19. Butte County Office of Education-Collaboration Contract -proposed is an
agreement for the provision of counseling services, to children or a child's
family, on various school campuses in Butte County to improve or remedy
personal problems, behaviors or home conditions in order to prevent child
abuse. Current year funding is $127,000 (StateJSchool) -action requested -
APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN.
20. Oroville Elementary School District-Collaboration Contract -proposed is an
agreement for the provision of parent education, case management and
counseling services, to children or a child's family, on various school
campuses in the Oroville Unified School District to improve or remedy
personal problems, behaviors or home conditions in order to prevent child
abuse. Curcent year funding is $66,000 (StatelSchool) -action requested -
APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN.
21. Chico Unified School District-Collaboration Contract -proposed is an
agreement for the provision of parent education, case management and
counseling services, to children or a child's family, on various school
campuses in the Chico Unified School District to improve or remedy personal
problems, behaviors or home conditions in order to prevent child abuse.
Current year funding is $186,000 (StatelSchool) -action requested -
APPROVE THE AGREEMENT AND AUTHORIZE THE CHAIR TO
SIGN.
Page 282
September 26, 1995
September 26, 1995
95-274 22. Cal-Learn Program case management contract amendment -proposed in an
amendment to the contract with Northern Valley Catholic Sociai Services for
the purpose of providing counseling services to the County in conducting the
Cal-Learn Program. The term of the agreement is July 1, 1995 through
June 30, 1996 in the maximum amount of $165,000 (60% FederaU40%
State) -action requested -APPROVE AGREEMENT AMENDMENT AND
AUTHORIZE THE CHAIR TO SIGN.
23. Memorandum of Understanding (MOU) -The Butte County Employees
Association (General Unit) and the County have reached an agreement on a
Memorandum of Understanding covering the period October 1, 1994 through
September 30, 1997 -action requested -RATIFY MEMORANDUM OF
UNDERSTANDING AND AUTHORIZE THE CHAIR TO SIGN.
24. Butte Anti-Drug Special Supervision Program -the Chief Probation Officer,
Sheriff-Coroner and District Attorney request Board approval for continued
grant funding in the amount of $209,850. It requires a county match of
$12,000 which will come from asset forfeiture funds which are restricted to
criminal justice activities. Agreement has been reached with regard to sharing
and coordination of staff in this program. Funds are currently budgeted under
appropriations and revenue -action requested -ADOPT RESOLUTION 95-
131 AUTHORIZING THE CHIEF PROBATION OFFICER TO SUBMIT
THE BUTTE ANTI-DRUG SPECIAL SUPERVISION PROGRAM
GRANT APPLICATION SUBJECT TO THE ABOVE
UNDERSTANDINGS AND AUTHORIZE THE CHAIR TO SIGN.
25. Library -Public Access Internet Workstation -the Director of Libraries
requests Board approval for grant application for the Public Access Internet
Workstation for the Gridley and Paradise Library branches. In fiscal year
1993-94 the Oroville branch was the recipient of an original Info People grant
for a public access internet workstation -action requested -AUTHORIZE
THE DIRECTOR OF LIBRARIES TO SUBMIT GRANT APPLICATION.
26. Califomia Public Library 1995 Report -the Director of Libraries submits the
California Public Library 1995 Report in accordance with Education Code
Section 19169 -action requested -ACCEPT FOR INFORMATION.
MOTION: I MOVE TO APPROVE THE CONSENT AGENDA WITH THE
CORRECTION OF ITEM 3.15.
S M
VOTE: l Y 2 Y 3 Y 4 Y S Y (Unanimously Carried)
Page 283
September 26, 1995
September 26. 1995
Regular Agenda
95-275 Presentation by Chair McLaughlin to Deputy Roger Levey, on behalf of the Board,
of Resolution No. 95-129 in recognition of, and upon his retirement from the Butte
County Sheriffs Department with 23 years of dedicated service.
95-276 Appointments -commissions and committees.
A. Appointments to committee vacancies. (NONE)
95-277 Update on Sacramento legislative and budget activities. (JOHN S. BLACKLOCK,
CHIEF ADMINISTRATIVE OFFICER, REPORTED THAT SB 124 [LESLIE] IS
ON THE GOVERNOR'S DESK FOR SIGNATURE. HE FURTHER REPORTED
THAT THE DEMONSTRATION OF SUPPORT FOR THIS MEASURE FROM
ALL WALKS OF LIFE IN BUTTE COUNTY HAS BEEN PHENOMENAL.
MANY INDIVIDUALS AND ORGANIZATIONS HAVE WRITTEN AND FAXED
LETTERS, OR TELEPHONED THE GOVERNOR, AND WE CERTAINLY
URGE MORE OF THE SAME. THE CITIZENS OF THIS COUNTY HAVE
DONE THEIR BEST TO MAKE IT EASY AND APPROPRIATE FOR THE
GOVERNOR TO SIGN THE BII.L.)
95-278 Proposed exchange of lands in Humboldt, Shasta, Tehama, Butte and Siskiyou
Counties -the Bureau of Land Management is considering a proposal to exchange
land pursuant to Section 206 of the Federal land Policy and Management Act of 1976
(43 U.S.C. 1716), as amended. The exchange has been proposed by the American
Land Conservancy - action requested - INFORMATION ONLY. (43)
(PRESENTATION BY CHUCK SCHULTZ, BUREAU OF LAND
MANAGEMENT, BEDDING RESOURCE AREA. REFERRED TO
DEVELOPMENT SERVICES FOR PREPARATION OF A LETTER TO THE
BUREAU OF LAND MANAGEMENT THAT S S THE COUNTY'S
CONCERNS REGARDING THE PROPOSED EXCHANGE OF LANDS FOR
APPROVAL BY THE BOARD AT ITS MEETING OF OCTOBER 10, 1995)
95-279 Consideration of a petition submitted by R. Harlan Wright, et al. requesting that the
Board of Supervisors determine compliance with A-10 zoning requirements on AP
039-130-023, a five acre plot at Chico River Road and Crouch Avenue, Chico -
action requested -BOARD DIRECTION. (FROM 9-12-95) (740)
MOTION: I MOVE TO DIRECT COUNTY COUNSEL, APPLICANT'S
COUNSEL, AND THE DEVELOPMENT SERVICES
DEPARTMENT (PLANNING AND BUILDING DIVISIONS) TO
MEET AND DISCUSS A SOLUTION TO THIS PROBLEM.
S M
VOTE: l Y 2 Y 3 Y 4 Y S Y (Unanimously Carried)
Page 284 September 26, 1995
~tember 26. 1995
95-280 CLOSED SESSION: The Board recessed at 10:11 a.m. to a closed session
conference with legal counsel on a matter of actual litigation
pursuant to Government Code Section 54956.9(a) (GREEN
ROCK QUARRIES, INC. V. COUNTY OF BUTTE).
RECONVENE: The Board reconvened at 11:08 a.m. following a closed
session conference with legal counsel on a matter of actual
litigation pursuant to Government Code Section 54956.9(a)
(GREEN ROCK QUARRIES, INC. V. COUNTY OF
BUTTE). (NO ANNOUNCEMENTS)
Public Hearings and Timed Items
95-281 Continued Hearing:
Consideration of the introduction of a proposed ordinance amending Chapter 23B of
the Butte County Code, entitled "Water Wells" -action requested -WAIVE
READING OF THE ORDINANCE. (FROM 9-12-95) (1705) ('*00)
MOTION: I MOVE THAT WE DIRECT COUNTY COUNSEL TO PUT
BEFORE THE BOARD AT OUR NEXT MEETING
(OCTOBER 10, 1995) TWO ORDINANCES FOR THE BOARD TO
CHOOSE FROM: 1) THE WELL ORDINANCE AS IT IS
BEFORE US TODAY WITH THE FOLLOWING TWO
ADDITIONS: CLARIFICATION THAT THE ORDINANCE DOES
PERTAIN TO AGRICULTURAL WELLS, AND 2. A 30 DAY
NOTICE PERIOD FOR NEIGHBORS AS WELL AS DISTRICTS;
AND 2) THE SECOND ORDINANCE WOULD BE THAT
WHICH WAS BEFORE US LAST MAY WITH ALL THE
PUMPING CAPACITY AND WELL SEPARATION
REQUIREMENTS IN IT.
M S
VOTE: l Y 2 Y 3 Y 4 Y S Y (Unanimously Carved)
RECESS: 12:45 p.m.
RECONVENE: 2:25 p.m.
Page 285
September 2b, 1995
September 26, 1995
95-282 Continued hearing -Conservation Element -consideration of a request to amend the
Conservation Element of the Butte County General Plan (determined to be
categorically exempt from environmental review) to add mineral resource policies in
compliance with the Surface Mining and Reclamation Act of 1979 (SMARA). These
mining polices are in general compliance with standards that have been applied by the
County for all mining activities and permits to mine. (FROM 9-12-95) (1750)
MOTION: I MOVE TO ADOPT RESOLUTION 95-132 ADOPTING AN
AMENDMENT TO THE CONSERVATION ELEMENT OF THE
GENERAL PLAN TO ADD MINING POLICIES AND
PROGRAMS.
S M
VOTE: l Y 2 Y 3 Y 4 Y S Y (Unanimously Carved)
Regular A eg nda
95-283 Solid Waste Collection in the Chico Urban Area -the Board of Supervisors and the
Chico City Council met jointly on December 13, 1994 to discuss City-County solid
waste management issues in the Chico Urban Area. A Solid Waste Management Joint
Powers Agreement Committee was formed and has routinely met since January to
develop aCity-County solid waste management joint powers agreement and
ordinance to implement consistent recycling services and solid waste collection in the
Chico Urban Area. Proposed is an ordinance adding Chapter 31B entitled "Solid
Waste Collection in the Chico Urban Area" to the Butte County Code -action
requested:
A. WAIVE READING OF THE ORDINANCE;
B. SET PUBLIC HEARING DATE REGARDING ADOPTION OF THE
ORDINANCE.
MOTION: I MOVE TO A WAIVE READING OF THE ORDINANCE, AND
B. SET A PUBLIC HEARING DATE REGARDING ADOPTION
OF THE ORDINANCE ON TUESDAY, OCTOBER 10, 1995 AT
10:00 A.M.
M S
VOTE: l Y 2 Y 3 Y 4 Y S Y (Unanimously Carried)
Page 286
September 26, 1995
September 26. 1995
95-284 Sheriff-Coroner-U. S. Army surplus helicopters -proposed is a plan for acquisition
and reconfiguration of U. S. Army surplus helicopters for primary use in drug
abatement -action requested:
1. DISCUSS SHERIFF'S PLAN FOR ACQUISITION AND
RECONFIGURATION OF U. S. ARMY HELICOPTERS;
2. APPROVE FIXED ASSET ACQUISITION AND INSTALLATION OF
RADIO/TRANSCEIVER IN THE AMOUNT OF $6,125 FOR ONE
HELICOPTER;
3. APPROVE BUDGET TRANSFER OF $6,125 FROM HELICOPTER
I~I,AINTENANCE TRUST FUND (1011054) TO FD~D ASSETS (563) IN
THE SPECIAL ENFORCEMENT UNIT (360.008} BUDGET. (2200)
MOTION: I MOVE TO 1) ACCEPT AS FI3~D ASSETS THREE "FLAT
GLASS C MODEL HELICOPTERS" RECEIVED BY THE
SHERIFF'S DEPARTMENT FROM THE DEPARTMENT OF
DEFENSE IN 1995; 2) APPROVE AGREEMENT WITH
GARLICK HELICOPTERS, INC. OF MONTANA TO PROVIDE
CERTIFICATION TO THE TWO OF THE COUNTY'S OH-58
HELICOPTERS IN THE "RESTRICTED CATEGORY
CONFIGURATION UNDER 14 C.F.R., FAR PART 21.25",
SUBJECT TO APPROVAL OF THE CHIEF ADMINISTRATIVE
OFFICER, COUNTY COUNSEL, AND THE AUDITOR-
CONTROLLER; 3) APPROVE FIXED ASSET ACQUISITION
AND INSTALLATION OF RADIOlTRANSCEIVER INTHE
AMOUNT OF $6,125 FOR ONE HELICOPTER; AND 4)
APPROVE BUDGET TRANSFER B-19 IN THE AMOUNT OF
S6,125 FROM HELICOPTER MAINTENANCE TRUST FUND
(1011054) TO FIXED ASSETS (563) IN THE SPECIAL
ENFORCEMENT UNIT (360.008) BUDGET.
M S
VOTE: l Y 2 Y 3 Y 4 Y S Y (Unanimously Carried)
95-285 Items removed from the Consent Agenda for Board consideration and action.
(NONE)
Page 287
September 26, 1995
$gFtember 26. 1995
95-286 Public Comment. (PRESENTATIONS WILL BE LA~IITED TO FIVE MINUTES.
THE BOARD OF SUPERVISORS IS PROHIBITED BY STATE LAW FROM
TAKING ACTION ON ANY ITEM PRESENTED IF TT IS NOT LISTID ON THE
AGENDA.) (2830) (NONE)
95-287 CLOSED SESSION: The Board recessed at 2:52 p.m. to a closed session
conference with legal counsel for potential litigation pwsuant
to Government Code Section 54956.9(c), and a conference
with labor negotiator pursuant to Government Code Section
54957.6 (Agency negotiator: Bill Avery; Employee
organizations: Butte County Employees Association; Butte
County Management Employees Association; Social Services
Workers Unit; and Butte County Law Enforcement
Association [General Unit and Management-Supervisory
Unit]).
RECONVENE: The Board reconvened at 3:45 p.m. following a closed session
conference with legal counsel for potential litigation pursuant
to Government Code Section 54956.9(c), and a conference
with labor negotiator pursuant to Government Code Section
54957.6 (Agency negotiator: Bill Avery; Employee
organizations: Butte County Employees Association; Butte
County Management Employees Association; Social Services
Workers Unit; and Butte County Law Enforcement
Association [General Unit and Management-Supervisory
Unit]). (NO ANNOUNCEMENTS)
Communications
95-288 Communications received and referred. (COPIES OF ALL COMMUNICATIONS
ARE AVAII.ABLE IN THE CLERK OF THE BOARD OFFICE.)
A. Ivan Young, President of Northern California County Supervisors
Association -writes to inform the Board that the Association voted
unanimously to remove Butte County from their membership role and hopes
that Butte County can participate in the Association in the futwe. (REFER
TO CHIEF ADMINISTRATIVE OFFICER)
Page 288
September 26, 1995
~tember 26. 1995
95-288 B. Gunther L. Sturm, P.E., Lassen District Engineer, Drinking Water Field
Operations Branch, Department of Health Services, forwards the "Local
Primacy Progam Evaluation Report for the Fiscal Year 199495"
documenting the second annual review of the Butte County Small Water
System Regulatory Progam conducted under the primacy ageement.
(REFER TO DIRECTOR OF PUBLIC HEALTH)
C. Lawrence J. Christensen, Manager, Richardson Springs Community Services
District, writes requesting that the fund balance in County Service Area
Account 130, Fund 0830, as of June 30, 1995, plus and further accrued
interest be transferred to the Richardson Springs Community Services
District. (REFER TO AUDITOR-CONTROLLER)
ADJOURNMENT: There being no further business before the Board, the meeting
was adjourned at 3:45 p.m. to reconvene on Tuesday,
October 10, 1995 at 9:00 a.m.
YY~ ,
ED McLAUGHLIN hair
Board of Supervisors
ATTEST:
JOHN S. BLACKLOCK, Chief Administrative Officer
and Clerk of the Board Supervisors
By: ~ ~~
Page 289
September 2b, 1995