HomeMy WebLinkAboutM100896MINUTES
BOARD OF SUPERVISORS
ED McLAUGHLIN, 4th District, Chair
VIVIAN MEYER, 1st District
JANE DOLAN, 2nd District
MARY ANNE HOUX, 3rd District
GORDON THOMAS, 5th District
October 8. 1996
Call to order -Board of Supervisors room, County Administration Building,
25 County Center Drive, Oroville. Present: Supervisors V. Meyer, Dolan, Houx and
Chair McLaughlin. Not Present: Supervisor Thomas. John S. Blacklock, Chief
Administrative Officer, Susan Mutasian, County Counsel; and Carol Roach, Assistant
Clerk of the Board.
Pledge of allegiance to the Flag of the United States of America.
Invocation -Father Troy Powers, Pastor, St. Thomas Catholic Church, Oroville.
Consent Agenda
96-273 1. Approval of minutes -action requested -APPROVE MINUTES OF
SEPTEMBER 24, 1996.
2. Budget transfers - action requested -APPROVE BUDGET TRANSFER
B-20 (CITIZENS OPTIONS FOR PUBLIC SAFETY PROGRAM [COPS]
FUNDS), B-21 (ECONOMIC DEVELOPMENT BLOCK GRANT [EDBG]
MICRO ENTERPRISE ASSISTANCE GRANT), B-22 (SHERIFF-
CORONER), AND B-24 (SOCIAL WELFARE.)
3. Butte County Law Library -consideration of an "Ordinance Adding Article
X to Chapter 3 of the Butte County Code Increasing the Law Library Fee
Paid by Litigants in the Superior and Municipal Courts" -action requested -
SET PUBLIC HEARING FOR TUESDAY, OCTOBER 22, 1996 AT
10:15 A.M.
4. County Library Donations - in accordance with Government Code Section
25355, donations of $1,556.50 from Oroville Friends of the Library, and
$1,350.00 from Chico 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 287 October 8, 1996
October 8. 1996
96-273 5. Animal Control Advisory Board -action requested -APPOINT LISA
DILLABO AS THE REPRESENTATIVE OF THE BUTTE COUNTY
FARM BUREAU.
6. Drug House Abatement Advisory Committee -Supervisor Meyer has asked
that each Board member be prepared at the Board's October 22 meeting to
name three individuals to an ad hoc Drug House Abatement Advisory
Committee. The Committee will be expected to meet over the succeeding
four weeks to present recommendations at the Board's November 26 meeting
concerning a drug house abatement ordinance -action requested -ACCEPT
FOR INFORMATION.
7. Award of bid no. 17-97 - remanufacture/retrofit of striping truck -bids have
been opened for the remanufacturing of the Public Works striping truck with
the low bidder being Kelly-Creswell Company of Torrance, CA in the amount
of $89,068.98 -action requested -AWARD BID.
8. Social Welfare -the Welfare Department has received a 100% State funded
allocation of $33,581 for the Children Services Division in order to provide
for foster care children who have a health and/or behavioral problem that
requires additional care and supervision. Expenditure of these funds is limited
to the purchase of goods or services on a nonrecurring or as needed basis
which are unallowable costs within the AFDC-FC specialized care system and
are not available through any other funding source -action requested -
APPROVE BUDGET TRANSFER B-23 APPROPRIATING AND
ALLOCATING UNANTICIPATED REVENUE.
9. Adoption of a salary ordinance and position allocation implementing 1996-97
final budget -the proposed ordinance incorporates personnel changes
associated with reconunendations contained within the final budget for fiscal
year 1996-97, and addresses term allocated positions that are due to expire
December 31, 1996. The term allocated positions have been either extended
to correspond with the specific term of State or Federal revenues to support
the positions, converted to regular help where ongoing State and Federal
funding is available to support the positions, or eliminated as funding ceases -
action requested -ADOPT ORDINANCE 3288 AND AUTHORIZE THE
CHAIR TO SIGN. (FROM 9-24-96)
10. Resolution in appreciation of Lt. Ronald Chaplin upon his retirement after 26
plus years as a law enforcement officer with the Butte County Sheriff s
Office - action requested -ADOPT RESOLUTION 96-112 AND
AUTHORIZE THE CHAIR TO SIGN.
Page 288 October 8, 1996
October 8 1996
96-273 11. Resolution Declaring October, 1996 as Breast Cancer Awareness Month in
Butte County -action requested -ADOPT RESOLUTION 96-113 AND
AUTHORIZE THE CHAIR TO SIGN.
12. Resolution Declaring October, 1996 as Domestic Violence Awareness Month
in Butte County -action requested -ADOPT RESOLUTION 96-114 AND
AUTHORIZE THE CHAIR TO SIGN.
13. Notice of completion for storm damage repair of Oroville Quincy Highway at
various locations, County Project No. 27562-95-1, Contract No. X10244 -
all 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 THE
RECORDING OF THE NOTICE OF COMPLETION.
14. Notice of completion for storm damage repair of French Creek Road at
various locations, County Project No. 49665-95-1, Contract No. X10229 -
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 THE RECORDING OF THE NOTICE OF COMPLETION.
15. Megabyte Systems - proposed is a professional services
agreement to modify the County's property tax system computer programs to
comply with a legislative change in the lien date from March 1 to January 1.
The agreement, in the maximum amount of $20,000 (Department budget),
expires on December 3l, 1996 - action requested - APPROVE
AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract no.
X10313)
16. California Department of Justice (DOJ) Spousal Abuser Prosecution Program
Grant Award -the District Attorney requests Board authorization to submit
a proposal to DOJ for grant funds in the amount of $70,000 for the Spousal
Abuser Prosecution Program for the period July 1, 1996 to June 30, 1997 -
action requested -ADOPT RESOLUTION 96-115 AUTHORIZING
DISTRICT ATTORNEY TO UNDERTAKE GRANT AWARD
AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN.
Page 289
October 8, 1996
October 8, 1996
96-273 17. Global Health Systems (GHS), Inc. -proposed is the renewal of an agreement
for the provision of billing services for clients seen in the County's California
Children's Services, Medical Therapy Unit ("CCS-MTU".) Under the terms
of the agreement, GHS, Inc. will continue to perform the processing of all
CCS/MTU patient therapy records, bill all services for Medi-Cal beneficiaries,
maintain client records, and submit all State mandated reports. GHS, Inc.
will be reimbursed 15% of the amount received by the County for Medi-Cal
eligible clients. The agreement, effective until June 30, 1997, is in the
maximum amount of $22,500 (Department budget) -action requested -
APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN.
(Contract no. X10263)
18. Input Systems, Inc. (I.S.I.) -proposed is an agreement for the provision of
software maintenance services for the Environmental Health Division. The
data system is the mechanism for the collection of workload data and billing
justification information, and includes an automated billing component. This
is a five year agreement for the period July 1, 1996 through June 30, 2001
with a current year cost of $13,998.24 (Department budget). Funding for
subsequent years will be addressed by annual amendments to the agreement -
action requested -APPROVE AGREEMENT AND AUTHORIZE THE
CHAIR TO SIGN. (Contract no. X10306)
19. D & E Construction -Neal Road Landfill -proposed is a letter proposal to
service, repair, inspect and test all repair work on the leachate collection
pond's primary liner at a total cost not to exceed $3,800 (Landfill
Management Fund) -action requested -APPROVE LETTER PROPOSAL
(SEPTEMBER 20, 199b) AND AUTHORIZE THE PUBLIC WORKS
DEPARTMENT TO DIRECT THE CONTRACTOR TO COMMENCE
WITH THE REPAIR WORK, AT A TOTAL COST NOT TO EXCEED
$3,800. (Contract no. X10355)
20. Data911, Inc. -proposed is an enhancement and services agreement for the
provision of software services for the Sheriffs Office communications console
in the maximum amount of $14,250 (Department budget) commencing
July 1, 1996 through June 30, 1997 -action requested -APPROVE
AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract no.
X10344)
Page 290
October 8, 1996
October 8, 1996
96-273
21. Probation Department -the Chief Probation Officer requests Board
authorization for advance step hiring of a Probation Officer II candidate, with
over eight years professional experience as a Probation Officer and who
possesses advanced training in the field of probation. The Director- Personnel
supports the request based on the experience and advanced training the
candidate would bring to the position -action requested -AUTHORIZE
ADVANCE STEP HIRING UP TO STEP SIX OF THE SALARY RANGE
RETROACTIVE TO AUGUST 27, 199b.
22. Director-Libraries -pursuant to Education Code Section 191b9, submits to
the Board of Supervisors a copy of the California Public Library 1996
Report -action requested -ACCEPT FOR INFORMATION.
23. Durham Mosquito Abatement District -action requested -APPOINT JOHN
CROWE TO FILL AN UNEXPIRED TERM ENDING DECEMBER 31,
1999.
24. Dental Plan America (DPA) -proposed is a renewal contract with DPA, one
of the dental insurance programs available to County employees, which
covers a one year period starting January 1, 1997 and ending December 1,
1997. The DPA rates remain the same for the upcoming benefit year, with no
changes in benefits -action requested -APPROVE CONTRACT RENEWAL
AND AUTHORIZE THE DIRECTOR-PERSONNEL TO SIGN SUB]ECT
TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-
CONTROLLER.
MOTION: I MOVE TO APPROVE THE CONSENT AGENDA AS
PRESENTED.
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 NP (Unanimously Carried)
(INTRODUCTION BY CHAIR McLAUGHLIN OF LISA DILLABO,
EXECUTIVE DIRECTOR, BUTTE COUNTY FARM BUREAU)
Page 291
October 8, 1996
October 8, 1996
RP~lar Agenda
96-274 Appointments -commissions and committees.
A. Appointments to committee vacancies.
MOTION: I MOVE TO APPOINT RON VANCE TO FII.L AN UNEXPIRED
TERM ENDING APRIL 1, 1999 ON THE THOMPSON FLAT
CEMETERY DISTRICT.
M S
VOTE: l Y 2 Y 3 Y 4 Y SNP (Unanimously Carried)
96-275 California Department of Fish and Game -report to the Board on the following:
1. Pending land acquisitions at Gray Lodge Wildlife Area;
2. Selection of new Manager for Gray Lodge Wildlife Area;
3. Future land acquisition plans for Butte County;
4. Management Plans for existing areas;
5. Payment of fees in lieu of taxes;
6. Recent Fish and Game Commission actions regarding Lake Oroville; and
?. Potential partnerships for development of recreation opportunities in Butte
County.
Action requested -ACCEPT FOR INFORMATION. (REPORT BY BANKY E.
CURTIS, REGIONAL MANAGER, CALIFORNIA DEPARTMENT OF FISH AND
GAME)
(SUPERVISOR THOMAS PRESENT)
96-276 Update on Sacramento legislative and budget activities. (JOHN S. BLACKLOCK,
CHIEF ADMINISTRATIVE OFFICER, REMINDED THE BOARD THAT AT ITS
NEXT MEETING DALE WAGERMAN, THE COUNTY'S LEGISLATIVE
ADVOCATE, WILL BE PRESENT TO PROVIDE HIS ANNUAL YEAR END
WRAP UP OF THE LEGISLATIVE SESSION, AND THE CALIFORNIA
COMMISSION ON STATE MANDATES PRELA~IINARY DECISION TO
APPROVE THE COUNTY'S APPLICATION FOR A FINDING OF
SIGNIFICANT FINANCIAL DISTRESS DURING ITS REGULARLY
SCHEDULED HEARING ON SEPTEMBER 27, 1996)
96-277 Items removed from the Consent Agenda for Board consideration and action.
(NONE)
Page 292
October 8, 1996
October 8, 1996
9b-278 Public Comment. (PRESENTATIONS WII.L BE LIlvIITED 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.) (978)
1. George Menas, Oroville - responds to the reported (minute order no. 96-275)
failure by the State to pay in lieu taxes on land acquisitions in Butte County.
96-279 CLOSED SESSION: The Board recessed at 9:45 a.m. to a closed session
conference with legal counsel for actual litigation pursuant to
Government Code Section 54956.9(a) (Bolton v. City of
Oroville. )
RECONVENE: The Board reconvened at 10:13 a.m. following a closed
session conference with legal counsel for actual litigation
pursuant to Government Code Section 54956.9(a) (Bolton v.
City of Oroville.) (NO ANNOUNCEMENTS)
Public Hearings and Timed Items
96-280 Public hearing -Charles Mason -consideration of a petition for immediate
cancellation of 162 acres (proposed Negative Declaration regarding environmental
impacts and Land Conservation Act cancellation) from the Williamson Act, on
property zoned FR-40 (Foothill Recreational - 40 acre parcels), property located on
the south side of South Table Mountain, at 206 Thompson Flat Road, approximately
1/4 mile west of Cherokee Road, identified as APN 031-030-029 and 031-060-001,
in the Oroville Area -action requested -SUBJECT TO ENVIRONMENTAL
FINDINGS A-C; LAND CONSERVATION ACT FINDINGS A-F; STAFF
RECOMMENDS ADOPTION OF A NEGATIVE DECLARATION AND
APPROVAL OF THE LAND CONSERVATION ACT WITHDRAWAL FOR
CHARLES MASON ON APN 031-030-029 AND 031-060-001. (1135)
(HEARING OPENED AND CONTINUED OPEN TO TUESDAY,
NOVEMBER 12, 1996 AT 10:00 A.M.)
Page 293
October 8, 1996
October 8, 1996
96-281 Public hearing -consideration of an amendment to Chapter 3, Article VI, Section
3-61. Schedule of Fees., Subsection K, to allow the Agricultural Commissioner to
be reimbursed for mileage "based on the then current Internal Revenue Service
mileage reimbursement rate." -action requested -ADOPT ORDINANCE AND
AUTHORIZE THE CHAIR TO SIGN. (1467)
MOTION: I MOVE TO ADOPT ORDINANCE 3289 AND AUTHORIZE THE
CHAIR TO SIGN.
S M
VOTE: I Y 2 Y 3 Y 4 Y S Y (Unanimously Carried)
96-282 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.)
1. Steve Woodill, Division Chief, California Department of Forestry -announced
the appointment of Bill Hoehman, Chief, Tehama-Glenn Ranger Unit as
Acting Chief of the Butte Ranger Unit. It is anticipated that a permanent
appointment will be made by February 1-March 1, 1997.
Communications
96-283 Communications received and referred. (COPIES OF ALL COMMUNICATIONS
ARE AVAILABLE IN THE CLERK OF THE BOARD OFFICE.)
A. Kirk G. Stewart, Executive Director, California Commission on State
Mandates -writes to advise the Board that the Commission on State
Mandates made its preliminary decision to approve the County of Butte's
Application for a Finding of Sigtificant Financial Distress during its regularly
scheduled hearing on September 27, 1996. The Commission will adopt its
final Statement of Decision on the Application no later than October 29, 1996.
(ACCEPT FOR INFORMATION)
B. Jack E. Taylor, Manager, Pacific Gas and Electric Company, Oroville
District - forwards an overview of the electric utility industry restructuring bill
passed through the California State legislature and signed by Governor
Wilson, and an overview of the California Public Utilities Commission's
restructuring information. In Mid November, PG&E will hold workshops for
City and County officials to further explain the restructuring of the electric
utility industry. (REFER TO GENERAL SERVICES DIRECTOR AND
COUNTY COUNSEL)
Page 294 October 8, 1996
October 8. 1996
96-283 C. Lita G. Flores, Acting Director, California Department of Housing and
Community Development -announces that the County of Butte has been
awarded an $8,500 Planning and Technical Assistant Grant from the
Department of Housing and Community Development's (HCD) Community
Development Block Grant (CDBG) Program. (REFER TO ASSISTANT
CHIEF ADMINISTRATIVE OFFICER)
D. Annette Ramirez Campaign to Defeat 209, Los Angeles -invites the County
to join them in formally opposing Proposition 209 and enclosed a draft
resolution and endorsement form. (ACCEPT FOR INFORMATION)
E. Ed C. Johnson, Sr., Butte County Disposal and John Nicoletti, Norcal Waste
Systems, Inc. -pursuant to Butte County Code, Section 31B-8, request
Board of Supervisor's approval of the transfer of the City of Chico's Solid
Waste Collector Permit No. 485 held by Butte County Disposal to Norcal
Waste Systems, Inc. (REFER TO DIRECTOR-PUBLIC WORKS)
F. Gunther L. Sturm, P.E., Lassen District Engineer, Drinking Water Field
Operations Branch, California Department of Health Services -pursuant to
Section 116330(d) of the California Health and Safety Code, encloses Butte
County's "Local Primacy Agency Annual Evaluation Report" for the period
from July I, 1995 through June 30, 1996. (CHIEF ADMINISTRATIVE
OFFICER AND BUTTE COUNTY WATER COMMISSION)
G. Jon Meyer, Investigator, Butte Interagency Narcotics Task Force (BINTF) -
writes a letter bringing to the Board's attention Probation Officer Ken
Morgan, who served on the Butte Anti-Drug Special Supervision (B.A.S.S.)
team since June, 1992 and has been the epitome of integrity, hard work and
community service. Probation Officer Morgan was transferred in September
from BINTF to a new position dealing with juveniles. (REFER TO CHIEF
PROBATION OFFICER)
H. Nancy E. Piret, the County appointee to the City of Chico Habitat Resource
Conservation Plan Steering Committee - gives a brief "to date" report on the
Habitat Resource Conservation Plan (HRCP) process. Additional in-put
from the County will be welcomed by the steering committee who hopes to
have the County included as a signatory on the final document. (REFER TO
DIRECTOR-DEVELOPMENT SERVICES)
Page 295
October 8, 1996
October 8, 1996
96-283 I. Dean Cromwell, Executive Officer, State Board of Forestry (CDF) -
forwards notice that the State Board of Forestry, by authority of Section 4125
ofthe Public Resources Code and in response to the Legislature's direction,
is reviewing the current boundaries of State Responsibility Areas which were
previously established pursuant to Sections 4126-4128 of the Public
Resources Code. Within the designated boundaries the State, through the
Department of Forestry and Fire Protection, has primary financial
responsibility for preventing and suppressing wildfires. Hearing:
November 5, 1996 at 10:00 a.m. at the Resources Agency Auditorium, 1416
Ninth Street, Sacramento, CA (REFER TO CHIEF ADMINISTRATIVE
OFFICER AND COUNTY FIRE WARDEN)
ADJOURNMENT: There being no further business before the Board, the meeting
was adjourned at 10:30 a.m. to reconvene on Tuesday,
October 22, 1996.
~~~~
ED McLAUGHL Chair
ATTEST:
JOHN S. BLACKLOCK, Chief Administrative Officer
and Clerk of the (Boar f Supervisors
By: ~ n _ a'`
~_ -~x ~`-
Page 296
October 8, 1996