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HomeMy WebLinkAboutM100191October 1, 1991 Call to order - Board of Supervisors room, County Administration Building, 25 County Center Drive, Oroville. Supervisors Mclnturf, Houx, McLaughlin, Fulton and Chair Dolan present. William H. Randolph, 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. 91-441 Items removed from the Consent Agenda for Board consideration and action. 1. Emergency Medical Care Committee - action requested - REAPPOINT ROSS WHITE (PARAMEDIC), PAUL ROBIE (AMBULANCE SERVICE MANAGER), AND JUDITH WISE (EMERGENCY DEPARTMENT NURSE} TO SERVE UNTIL JUNE 30, 1994. 2. Auction agreement - an agreement has been prepared with Tip Holloway & Associates covering the set-up, advertising, and conduct of the surplus property auction to be held on October 19, 1991. The amount of the agreement is 15 percent for large sale items and 25 percent for small miscellaneous items - action requested - APPROVE AGREEMENT AND AUTHORIZE THE GENERAL SERVICES DIRECTOR TO SIGN. 91-442 Consent Agenda 1. Approval of minutes - action requested - APPROVE MINUTES OF SEPTEMBER 17, 1991. 2. Budget transfers - action requested - APPROVE BUDGET TRANSFERS B-14 (JUVENILE HALL}, AND B-15 (PUBLIC HEALTH). Page 304 October 1, 1991 October 1 1991 91-442 3. County library donations - in accordance with Government Code Section 25355, donations of $1,430 from Chico Friends of the Library, $100 from Dr. and Mrs. Robert Johnson, Chico, and $100 from Oroville Republican Women Federated have been received for the Butte County trust fund for books -- action requested - ACCEPT DONATIONS AND AUTHORIZE LETTERS OF APPRECIATION. 4. Proposed is summary abandonment of all of Gerald Circle right of way and sale of a portion of Gerald Circle - action requested - APPROVE SUNIIKARY ABANDONMENT RESOLUTION 91-115 AND AUTHORIZE THE CHAIR TO SIGN; APPROVE AGREEMENT FOR SALE OF A PORTION OF GERALD CIRCLE TO ADJOINING PROPERTY OWNER AND AUTHORIZE THE CHAIR TO SIGN; AND APPROVE QUIT CLAIM DEED AND AUTHORIZE THE CHAIR TO SIGN. 5. Jerry W. Holcomb, Oroville - files a claim in the amount of $3,022,160 as a result of alleged damages and injuries sustained as a result of abatement procedure by Butte County on or about April 11, 1991 at claimant's residence - action requested - REJECT CLAIM AND REFER TO COUNTY COUNSEL AND RISK MANAGEMENT . 6. Nancy and George Shelton, San Francisco - file a claim in an unspecified amount as a result of alleged damages and injuries sustained in a drowning incident on or about Hoffman Road at or near Concow Lake on or about March 4, 7.991 - action requested - REJECT AMENDED CLAIM AND REFER TO COUNTY COUNSEL AND RISK MANAGEMENT. 7. Public Health - the department has purchased computer networking hardware and software for both the Chico and Oroville Offices. Board approval is requested for the purchase of four high speed madams to allow access over dial-up phone lines in the maximum amount of $1,960 from existing fixed asset budget funds. State reimbursement is available for the purchase of these items - action requested - APPROVE PURCHASE OF FIXED ASSET ITEMS. 8. Asset seizure forfeiture - Sheriff-Coroner - Board authorization is requested for the acceptance of a 1989 Chrysler LeBaron {VIN no. 1C3XJ41J2KG177867) valued at $6,000 for use by the department's investigation division - action requested - ACCEPT FIXED ASSET, Page 305 October 1, 1991 October 1, 1991 91-442 9. Adoption of an ordinance establishing speed limits on various County roads - the Department of Public Works has completed traffic studies on various County roads and recommends they be speed zoned as contained in the ordinance - action requested - ADOPT ORDINANCE 2956 AND AUTHORIZE THE CHAIR TO SIGN. 10. Statewide purchasing program - a resolution has been prepared authorizing Butte County's participation in a statewide purchasing program jointly sponsored by the County Supervisors Association of California and the League of California Cities - action requested - ADOPT RESOLUTION 91-116 AND AUTHORIZE THE CHAIR TO SIGN. 11. Approval of plans and specifications for installing signs on various Butte County roads, hazard elimination project HES-OOOS(372) - plans and specifications have been completed for the project - action requested - SUBJECT TO CALTRANS AND FHWA APPROVAL, APPROVE PLANS, ADOPT WAGE SCALE, AND SET BID OPENING ON OCTOBER 24, 1991 AT 11:00 A.M. IN THE PUBLIC WORKS OFFICE. 12. 1991/92 Job Training Partnership Act/State Department of Education Cooperative agreement - Job Training Partnership Act 8 percent funds - the Private Industry Council and the Board must cooperatively endorse the expenditure of Job Training Partnership Act 8 percent funds which are required to be used for basic education of GAIN participants - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. 13. Contract for the professional services of Steven Honeycutt to provide program management in the preparation of a specific plan for CSA No. 87 - action requested - APPROVE CONTRACT AND AUTHORIZE CHAIR TO SUBJECT TO APPROVAL OF AUDITOR-CONTROLLER, COUNTY COUNSEL, AND BOARD APPROVAL OF CSA NO. 87 BUDGET. Page 306 October 1, 1991 October ~., 1991 91-442 14. Chico Community Hospital - proposed is an extension of 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 County's Psychiatric Health Facility commencing July 1, 19 91 through June 3 0 , 19 9 2 in the maximum amount of $15,000 - action requested - APPROVE EXTENSION TO AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. 15. Crestwood Hospital, Inc., dba Crestwood Geriatric Treatment Center - proposed is an extension to an agreement to provide approximately 1,825 bed days of residential treatment services for clients of Butte County Mental Health for the period July 1, 1991 through June 30, 1992 in the maximum amount of $36,500 - action requested - APPROVE EXTENSION OF AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. 16. Crestwood Hospital, Inc. dba Crestwood Hospital, Sacramento - proposed is an extension to an agreement to provide approximately 1,095 bed days of residential treatment services for clients of Butte County Mental Health for the period July 1, 1991 through June 30, 1.992 in the maximum amount of $21,900 - action requested - APPROVE EXTENSION OF AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. 17. Family Services Association - proposed is an extension to an agreement to provide the Representative Payee Program for fiscal year 1991,/92. This program is funded through a Federal grant in the maximum amount of $18,774 -- action requested - APPROVE EXTENSION OF AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. 18. Family Services Association - proposed is an extensio n of an agreement for Patient's Rights Advocacy Service for fiscal year 1991/92 in the maximum amount of $25,658 - action requested - APPROVE EXTENSION OF AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. 19. Family Services Association - proposed is an extension of an agreement to provide the Homeless Mentally Ill Program for fiscal year 1991/92 in the maximum amount of $120,279 - action requested - APPROVE EXTENSION OF AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. Page 307 October 1, 1991 J October 1 1991 91-442 20. Work Training Center for the Handicapped, Inc. - proposed is an extension of an agreement for Vocational Rehabilitation Program services for fiscal year 1991/92 in the maximum amount of $45,953 - action requested - APPROVE EXTENSION OF AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. 21. Work Training Center for the Handicapped, Inc. - proposed is an extension of an agreement to provide consultant services far the Stomp Out Stigma Program for fiscal year 1991/92 in the maximum amount of $3,500 - action requested - APPROVE EXTENSION OF AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. 22. Northern Sacramento Valley Rural Health Project - the County contracts with the State Department of Health Services for the provision of tobacco education services. 100 percent State funds are available for subcontracts with non-profit organizations for specialized education programs directed toward target populations. Under the terms of this agreement, in the maximum amount of $21,535, the Oroville Family Health Center, an arm of the Northern Sacramento Valley Rural Health Project, will offer a comprehensive in classroom tobacco use prevention education program to 1900 K-8 youth during the period 9/13/91 to 11/30/1992 - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF AUDITOR- CONTROLLER AND COUNTY COUNSEL. 23. Feather River Hospital - the County of Butte contracts with the State Department of Health Services for the provision of Tobacco Education Services. 100 percent State funds, in the maximum amount of $7,61.5, are available for subcontracts with non-profit organizations for specialized education programs directed toward target populations. Under the terms of this agreement, the Center for Women's Health, an arm of Feather River Hospital, will provide smoking cessation classes and tobacco education programs for pregnant women - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF AUDITOR- CONTROLLER AND COUNTY COUNSEL. Page 308 October 1, 1991 October 1, 1991 91-442 24. Surplus property auction - the Purchasing Office has prepared a partial listing of County personal property that is either old, broken, or beyond further economic use to departments which is proposed to be sold at an auction to be held October 19, 1991 - action requested - DECLARE THE PARTIAL LISTING OF PROPERTY AS SURPLUS TO THE NEEDS OF THE COUNTY AND AUTHORIZE DISPOSAL BY THE PURCHASING OFFICE AT PUBLIC AUCTION. MOTION: MOVE TO APPROVE THE CONSENT AGENDA WITH THE REMOVAL OF ITEMS 3.04 AND 3.15. M S VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) Rec(ular Aaenda Items removed from the Consent Agenda for Board consideration and action. 91-443 1. Emergency Medical Care Committee - action requested - REAPPOINT ROSS WHITE (PARAMEDIC), PAUL ROBIE (AMBULANCE SERVICE MANAGER), AND JUDITH WISE (EMERGENCY DEPARTMENT NURSE) TO SERVE UNTIL JUNE 30, 1994. MOTION: MOVE TO REAPPOINT JUDITH WISE (EMERGENCY DEPARTMENT NURSING DIRECTOR}; PAUL ROBIE (AMBULANCE SERVICES MANAGER) TO SERVE UNTIL JUNE 30, 1994; APPOINT JEFFREY MOORE (PARAMEDIC) TO AN UNEXPIRED TERM ENDING JUNE 30, 1994; AND KARA DAVIS HAMM (MOBILE INTENSIVE CARE NURSE) TO AN UNEXPIRED TERM ENDING JUNE 30, 1993. M S VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried} 91-444 2. Auction agreement - an agreement has been prepared with Tip Holloway & Associates covering the set-up, advertising, and conduct of the surplus property auction to be held on October 19, 1991. The amount of the agreement is 15 percent for large sale items and 25 percent for small miscellaneous items - action requested - APPROVE AGREEMENT AND AUTHORIZE THE GENERAL SERVICES DIRECTOR TO SIGN. MOTION: MOVE TO APPROVE AGREEMENT AND AUTHORIZE THE GENERAL SERVICES DIRECTOR TO SIGN. S M VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) Page 309 October 3, 1991 October 1, 1991 91-445 Appointments - commissions and committees. a. Appointments to committee vacancies. (NONE) 91-446 Adoption of an amended utility user tax ordinance - action requested - ADOPT ORDINANCE AND AUTHORIZE THE CHAIR TO SIGN. (241) MOTION: MOVE TO ADOPT ORDINANCE 2957 AND AUTHORIZE THE CHAIR TO SIGN. M S VOTE: l Y 2 Y 3 Y 4 N 5 N (Motion Carried) 91-447 Consideration of a resolution expressing Berard intent regarding use of utility user tax revenue - action requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (930) MOTION: MOVE TO ADOPT RESOLUTION 91-117 AND AUTHORIZE THE CHAIR TO SIGN. S M VOTE: l Y 2 Y 3 Y 4 N 5 N (Motion Carried) 91-448 Introduction of an ordinance amending Article IV of Chapter 2 of the Butte County Code redistricting the supervisorial districts in the County of Butte - action requested _ WAIVE READING OF THE ORDINANCE. (1035) MOTION: MOVE TO AMEND THE ORDINANCE TO CHANGE THE BOUNDARY BETWEEN DISTRICTS 1 AND 5 TO REFLECT THE CHANGE REQUESTED BY THE COUNTY CLERK TO CORRELATE THE SUPERVISORIAL BOUNDARY TO THE BOUNDARY OF THE GOLDEN FEATHER AND PARADISE SCHOOL DISTRICTS. FURTHER, NOT TO CHANGE THE BOUNDARY BETWEEN DISTRICTS 1 AND 4 TO REFLECT THE CHANGE REQUESTED BY THE COUNTY CLERK TO CORRELATE THE SUPERVISORIAL BOUNDARY TO THE BOUNDARY OF THE GRIDLEY AND OROVILLE SCHOOL DISTRICTS AS THIS CHANGE WOULD NOT BE LEGALLY DEFENSIBLE WITHOUT EXACT POPULATION FIGURES. M S VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) MOTION: MOVE TO WAIVE READING OF THE AMENDED ORDINANCE. M S VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) RECESS: 9:55 A.M. RECONVENE: 10:22 A.M. Page 310 October 1, 1991 i ~' October 1. 1991 Public Hearin s and Timed Items 91-449 Continued hearing - 1991/92 Butte County Final Budget - action requested - ADOPT RESOLUTION APPROVING THE 1991/92 FINAL BUDGET. (1590) MOTION: MOVE THAT CENTRAL COLLECTIONS REMAIN CONSOLIDATED WITH THE TREASURER/TAX COLLECTOR'S OFFICE, AND IF NEEDED, A COMMITTEE OF THE AUDITOR-CONTROLLER, TREASURER/TAX COLLECTOR, AND ADMINISTRATION BE FORMED TO REFINE, AND MAKE ANY TECHNICAL CHANGES NEEDED, TO CENTRAL COLLECTIONS' PROCEDURES. S M VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) MOTION: MOVE TO ADOPT RESOLUTION 91-118 APPROVING THE 1991/92 FINAL BUDGET. M S VOTE: 1 Y 2 Y 3 Y 4 N 5 N (Motion Carried) 91-450 Continued hearing - County Service Area No. 87 service charges pursuant to Government Cade Section 25210.77a - action requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (2505) (**00) (SUPERVISOR McLAUGHLTN NOT PRESENT; SUPERVISOR McLAUGHLIN PRESENT) MOTION: MOVE TO ADOPT RESOLUTION 91-119 (AP 007-010- 036 AMENDED TO ACREAGE OF 24.39 AND TOTAL ASSESSMENT OF $3,536.55} AND AUTHORIZE THE CHAIR TO SIGN. M S VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried} 91-451 Report to the Board by Raymond Barsch, General Manager of the Reclamation Board and Department of Water Resources engineers on Sacramento River Flood Control System. (330} (SUPERVISOR McINTURF NOT PRESENT; SUPERVISOR McINTURF PRESENT} (SUPERVISOR HOUX NOT PRESENT; SUPERVISOR HOUR PRESENT} Page 311 October 1, 1991 October 1. 1991 91w451 MOTION: MOVE TO ACCEPT THE SACRAMENTO RIVER FLOOD CONTROL SYSTEM EVALUATION - INITIAL APPRAISAL REPORT - MARYSVILLE/YUBA CITY AREA AS PRESENTED BY RAYMOND BARSCH, GENERAL MANAGER OF THE STATE RECLAMATION BOARD, PETE RABBDNE, PROGRAM MANAGER, AND ROB COOK, PROGRAM MANAGER, OF THE STATE DEPARTMENT OF WATER RESOURCES , AND BUD PAUL OF THE CORP. OF ENGINEERS. SUPERVISOR McLAUGHLIN, COUNTY COUNSEL AND PUBLIC WORKS TO WORK TOGETHER TO DEVELOP RECOMMENDATIONS FOR THE BOARD. M S VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) Regular Agenda 91-452 Trial Court Funding legislation: (A) Re-establishes the Courthouse Construction and Criminal Justice Facilities Funds, and continues the Emergency Medical Services Fund (Board resolution no. 89-002), and increases and changes the method of allocation of the penalty assessment to the funds - action requested - ADOPT RESOLUTIONS AND AUTHORIZE THE CHAIR TO SIGN; and (B) Specifies that the County may levy an added penalty of $5 for every parking fine ($1.50 to the Courthouse Construction Fund; $1.50 to the Criminal Justice Facilities Fund; and $2.00 to the State) - action requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (1590) MOTION: MOVE TO (A) ADOPT RESOLUTION 91-120 RE- ESTABLISHING THE COURTHOUSE CONSTRUCTION FUND WITH NO PORTION OF THE PENALTY ASSESSMENT BEING ALLOCATED TO THIS FUND; RESOLUTION 91-121 RE- ESTABLISHING THE CRIMINAL JUSTICE FACILITIES FUND WITH $5 OF THE PENALTY ASSESSMENT BEING ALLOCATED TO THIS FUND; AND RESOLUTION 91-122 ALLOCATING $2 OF THE PENALTY ASSESSMENT TO THIS FUND, AND (B} ADOPT RESOLUTION 91-i23 TO LEVY AN ADDED PENALTY OF $5 FOR EVERY PARKING FINE ($1.50 TO THE COURTHOUSE CONSTRUCTION FUND; $1.50 TO THE CRIMINAL JUSTICE FACILITIES FUND; AND $2.00 TO THE STATE). S M VOTE:. l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) Page 312 October 1, 1991 October 1, 1991 91-453 Introduction of an ordinance amending Section 25-4 of the Butte County Code pertaining to legal access and road improvement standards as to certain subdivision lots created prior to July 1, 1949 -action requested -- WAIVE READING OF THE ORDINANCE. (2052} MOTION: MOVE TO WAIVE READING OF THE ORDINANCE. M S VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) 91-454 Update by Chief Administrative Officer on Sacramento/legislative activities. (2230) (NONE) (SUPERVISOR ROUX NOT PRESENT) 91-455 Staff update on the merger of the Chico Redevelopment Project Areas - action requested - APPOINT BOARD COMMITTEE. (2230) MOTION: MOVE TO APPOINT A BOARD COMMITTEE OF CHAIR DOLAN AND SUPERVISOR McLAUGHLIN TO BRING FORWARD PERIODIC UPDATES TO THE BOARD. S M VOTE: 1 Y 2 Y 3 NP 4 Y 5 Y (Unanimously Carried) (SUPERVISOR HOUX PRESENT) 91-456 Discussion on tentative advisory ballot measures of a sales tax dedicated for sheriff and fire protection services, and the utility user tax. (2380) MOTION: MOVE TO AUTHORIZE SUPERVISORS HOUX AND MCLAUGHLIN TO WORK WITH COUNTY COUNSEL AND ADMINISTRATION TO DEVELOP BALLOT LANGUAGE FOR FINANCING TAXES DEDICATED FOR SHERIFF AND FIRE PROTECTION SERVICES FOR AN AS YET UNDETERMINED ELECTION. S M VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) 91-457 Appointment of Board member(s) to screening panel for welfare director. (2958) (SUPERVISOR FULTON NOT PRESENT) MOTION: MOVE TO APPOINT SUPERVISOR HOUX TO THE SCREENING PANEL FOR WELFARE DIRECTOR. M S VOTE: 1 Y 2 Y 3 Y 4 Y 5 NP (Unanimously Carried) Page 313 October 1, 1991 October Z 1991 Communications 91-458 Communications received and referred. (COPIES OF ALL COMMUNICATIONS ARE AVAILABLE IN THE CLERK OF THE BOARD OFFICE.) a. Margaret C. Freeman, Margaret C. Tedd, Joseph W. Cooper, III, and Joseph W. Cooper, Jr., partners, Silver Ridge Ranch, Oroville - pursuant to Government Code Section 51245, submit notice of nonrenewal of a Williamson Act contract, AP 041- 140-059-000 - action requested - REFER TO ASSESSOR AND PLANNING DIRECTOR. b. Chester L. Ward, M. D. , Director and Health Officer - submits the department's annual Butte County Jail and Butte County Minimum Security Facility inspection reports -action requested - REFER TO THE SHERIFF-CORONER AND GENERAL SERVICES DIRECTOR. c. Peter J. Konyn, Konyn Orchards, Inc., Durham - pursuant to Government Code Section 51245, submits notice of nonrenewal of a Williamson Act contract, AP 040-18-0-030-p -- action requested - REFER TO ASSESSOR AND PLANNING DIRECTOR. d. Gray Davis, State Controller -forwards fiscal year 1989/90 single audit report certification and audit finding resolution (Report on Audit of General Purpose Financial Statements, Report to Management, Butte County Association of Governments - Metropolitan Planning Organization, and County of Butte -Office of Criminal Justice Planning Grants} - action requested - REFER TO CHIEF ADMINISTRATIVE OFFICER AND AUDITOR-CONTROLLER. 91-459 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} Page 314 October 1, 1991 October 1. 1991 91-460 CLOSED SESSION: The Board recessed at 12:11 p.m. for a closed session for the purpose of actual litigation pursuant to Government Code Section 54956.9(a) (County of Butte v. Holcomb and County of Butte v. Vandegrift), and meet and confer. (3078) RECONVENE: The Board reconvened at 12:45 p.m. following a closed session for the purpose of actual litigation pursuant to Government Code Section 54956.9(a) (County of Butte v. Holcomb and County of Butte v. Vandegrift), and meet and confer. (NO ANNOUNCEMENTS ) ADJOURNMENT: There being nothing further before the Board at this time, the meeting was adjourned at 12:45 p.m. to reconvene on Tuesday, October 15, 1991 at 9:00 a.m. r WILLIAM H. RANDO H, Ch of Admini trative Officer and Jerk of Board of Supe isors By: Page 315 October 1, 1991