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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