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HomeMy WebLinkAboutM102495MINUTES BARD OF SUPERVISORS ED McLAUGHLIN, 4th District, Chair VIVIAN MEYER, 1st District JANE DOLAN, 2nd District MARY ANNE HOUX, 3rd District GORDON THOMAS, 5th District Call to order -Board of Supervisors room, County Administration Building, 25 County Center Drive, Oroville. Present: Supervisors V. Meyer, Dolan, Houx, Thomas and Chair McLaughlin. John S. Blacklock, Chief Administrative Officer; Susan Nfinasian, County Counsel; and Carol Roach, Assistant Clerk of the Board. Pledge of allegiance to the Flag of the United States of America. Invocation -Reverend Mick Ista, Calvary Lutheran Church, Oroville. Introduction of Gary House, Butte County's new Director-Public Health. 95-311 Items removed from the Consent Agenda for Board consideration and action. 1. Award of bid no. 17-96 -District Attorney vehicles -bid quotations have been received for the purchase of two sedans for the District Attorney's Office with the low bidder being Hoblit Motors of Colusa in the amount of $16,065.88 (Department budget) each including tax and document fees -action requested -AWARD BID. 2. Director-Development Services -proposed is a two year extension (to provide for a contract expiration of May 4, 1998) to the employment contract for the Director-Development Services -action requested -APPROVE TWO YEAR EXTENSION TO EMPLOYMENT CONTRACT FOR DIRECTOR- DEVELOPMENT SERVICES AND AUTHORIZE THE CHAIR TO SIGN. 3. State Reclamation Board - floodplain management along the Sacramento River - it is proposed that the County enter into a memorandum of agreement with the State Reclamation Board to resolve floodplain management issues arising out of the Reclamation Board's designation of a 100-year designated floodway along the Sacramento River in Butte County -action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. Page 310 October 24, 1995 October 24. 1995 Consent Agenda 95-312 1. Approval of minutes -action requested -APPROVE MIIV[JTES OF OCTOBER 3, 1995 AND OCTOBER 10, 1995. 2. Budget transfers -action requested -APPROVE BUDGET TRANSFERS B-026 (DISTRICT ATTORNEY AND B-028 (FIRE). 3. County Library donations - in accordance with Government Code Section 25355, donations of $7,000 from Paradise Friends of the Library, $220 from S1R.S, Bidwell Branch c% Len Whitegon, Chico, and $127.33 from Concert in the Park Committee, do Jan West, Oroville, have been received for the Butte County Trust Fund for the purchase of books -action requested - ACCEPT DONATIONS AND AUTHORIZE LETTERS OF APPRECIATION. 4. Butte County Water Commission -action requested -APPOINT LES HEItINGER AS THE DISTRICT 2 REPRESENTATIVE TO A TERM TO EXPIRE DECEMBER 31, 1998. 5. Final map -Nelson Bar Subdivision - AP 058-820-003, six lots, property located on both sides of Nelson Bar Road approximately 1/2 mile north of Lunt Road, Concow area -action requested -APPROVE FINAL MAP. 6. Conveyance of County property -the Fire Department wishes to return ownership of a 1981 Ford pick up truck (vehicle identiScation number F37GRHD1000/County no. 390) to Biggs Volunteer Fire Department. The vehicle has been determined to be too costly to repair, and therefore unusable to the County -action requested -AUTHORIZE TRANSFER OF FIXED ASSET ITEM. (FROM 10-10-95) 7. Buildings and Grounds - an existing personal computer in the Buildings and Grounds Office has been deemed to be beyond economic repair and a replacement is requested in the estimated amount of $1,800 with funding coming from within the current budgetary appropriation -action requested - AUTHORIZE ACQUISITION OF FI3~D ASSET ITEM. 8. Mental Health -Board authorization is requested to purchase an upright freezer in the maximum amount of $700 for the adolescent crisis residential facility known as The Cottage (40 Comanche Court, Chico) -action requested -APPROVE PURCHASE OF FD~D ASSET ITEM AND BUDGET TRANSFER B-027 ACCEPTING AND APPROPRIATING $7,107 IN UNANTICIPATED REVENUE (REALIGNMEN'I~. Page 311 October 24, 1995 October 24. 1995 95-312 9. Neal Road Landfill - urterim cover installation (Corrective Action Plan) -Neal Road Landfill Company has submitted a letter proposal for the operator to provide all the necessary labor, materials and equipment to complete the proposed work -action requested -APPROVE PROPOSAL AND AUTHORIZE PUBLIC WORKS TO DIRECT NEAL ROAD LANDFILL COMPANY TO PROCEED WITH THE WORK OF INSTALLING THE INTERIM LANDFILL COVER AT A COST NOT TO EXCEED 5163,072 (HEAL ROAD LANDFILL MANAGEMENT FUND) WITHOUT PRIOR PUBLIC WORKS APPROVAL. 10. Investments Information Report -the Treaswer-Tax Collector submits the September 29, 1995 report in accordance with the County's Statement of Investment Policy dated June 1, 1995 -action requested -ACCEPT FOR INFORMATION. 11. Annual Economic Development Administration Planning Grant -Board approval is requested for utilization of $3,600 of Community Development Block Grant (CDBG) program income funds for Butte County's local cash match for the annual Economic Development Administration Planning Grant -action requested -APPROVE UTII.IZATION OF CDBG PROGRAM INCOME FUNDS AND AUTHORIZE CHAIR TO SIGN AGREF.IvIENT SUBJECT TO APPROVAL OF COUNTY COUNSEL AND AUDITOR-CONTROLLER 12. Reservation of Funds Program - a resolution has been prepared authorizing execution ofa contract arriendment to contract no. 93-EDBG-245, extending the expiration date of the grant from January 31, 1996 to May 31, 1996, and authorizing the County Administrative Officer or Chair of the Board of Supervisors to sign documents -action requested -ADOPT RESOLUTION 95-141 AND AUTHORIZE THE CHAIR TO SIGN. 13. Adoption of a salary ordinance amendment which incorporates a new salary table entitled Section 3, Reference B, "Salary Plan for Classified Positions - Law Enforcement General Unit Classifications", and Section 3, Reference C, "Salary Plan for Classified Positions -Law Enforcement Management Unit Classifications" -action requested -ADOPT ORDINANCE 3218 AND AUTHORIZE THE CHAIR TO SIGN. (FROM 10.10-95) 14. Adoption of a salary ordinance amendment which incorporates a new salary table entitled Section 3, Reference D, "Salary Plan for Classified Positions - Management, Confidential, and Supervisory Unit Classifications" -action requested -ADOPT ORDINANCE 3219 AND AUTHORIZE THE CHAIR TO SIGN. (FROM 10-10.95) Page 312 October 24, 1995 October 24. 1995 95-312 15. Adoption of a salary ordinance amendment which incorporates a new salary table entitled Section 4, "Salary Plan for Appointed and Elected Officials" - action requested -ADOPT ORDINANCE 3220 AND AUTHORIZE THE CHAIR TO SIGN. (FROM 10-10-95) 16. Adoption of a salary ordinance amendment adding one Probation Officer II/I position to assist the Probation and School Service (PASS) Program. The position would be fully funded by the Butte County Office of Education - action requested -ADOPT ORDINANCE 3221 AND AUTHORIZE THE CHAIR TO SIGN. (FROM 10.10-95) 17. Adoption of a salary ordinance amendment deleting one 0.5 full time equivalent Office Assistant II/I position and adding one full time equivalent Social Worker II/I position -action requested -ADOPT ORDINANCE 3222 AND AUTHORIZE THE CHAIR TO SIGN. (FROM 10.10-95) 18. Resolution in appreciation of Patricia Townsend upon her retirement after 31 plus years with the Sheriffs Off ce -action requested -ADOPT RESOLUTION 95-142 AND AUTHORIZE THE CHAIR TO SIGN. 19. County of ButtelTown of Paradise - an agreement has been prepared, between the County of Butte and the Town of Paradise, for the proposed project to install traffic signals at the intersection of Skyway and Pentz Road. The County and Town will each pay 50 percent of all project costs and the Town will be the lead agency. Funding for the preliminary engineering is budgeted and the project will be budgeted for construction in fiscal year 1996-97 - action requested -APPROVE AGREEMENT AND AUTHORIZE CHAIR TO SIGN. 20. Notice of completion for reconstruction of Palermo Honcut Highway from Alice Avenue to 700 feet north of Palermo Road, County contract no. 05501- 93-1 -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 FILING OF THE NOTICE OF COMPLETION. Page 313 October 24, 1995 October 24, 1995 95-312 21. Program Supplement No. 077 to Local Agency-State Agreement for Federal- Aid Project No. 03-5912 - reimbtusement 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. 077 provides $25,545 of Federal funding for Emergency Repay and Restoration at five locations on various Butte County Federal aid system roads (Ord Ferry Road [two locations], Aguas Frias Road, and Skyway [two locations]) -action requested -APPROVE PROGRAM SUPPLEMENT NO. 077, ADOPT RESOLUTION 95-143 AND AUTHORIZE THE CHAIR TO SIGN. 22. Court Executive Officer - Sharol Ii Strickland has been selected as the Court Executive Officer for the Butte County Superior and Municipal Courts (the Presiding Judge of the Superior Court and each of the Municipal Courts as the Appointing Authority and the County as the employer.) The appointment is for a period of three years commencing December 1, 1995 and terminating November 30, 1998, with an annual salary of $68,000 -action requested - APPROVE APPOINTMENT AND EMPLOYMENT CONTRACT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER 23. Assignment of counsel -County Counsel proposes the assignment of Beatty v. County of Butte to the law firm of Marsh, Marsh & Volpe -action requested -APPROVE ASSIGNMENT OF COUNSEL. 24. Assignment of counsel -County Counsel proposes the assignment of Young v. Anderson to the law firm of Carroll, Burdick & McDonough -action requested -APPROVE ASSIGNMENT OF COUNSEL. 25. Catalyst Women's Advocates, Inc. -proposed is an agreement for the provision of domestic violence counselor services commencing October 1, 1995 through June 30, 1996 in the maximum amount of $12,717 (STATE) - action requested -APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND AUDITOR-CONTROLLER. 26. Mark Lundberg, M.D. -proposed is an agreement for the professional services of a physician to serve as Interim County Health Officer commencing November 1, 1995 through March 31, 1996. The total amount of the agreerrient is not to exceed $16,000 (l~ardnent Budget) -action requested - APPROVE APPOINTMENT AND AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND AUDITOR-CONTROLLER Page 314 October 24, 1995 October 24. 1995 95-312 27. State Department of Health Services -Family Planning Services Agreement (no. 94-20153A02) -under the terms of the proposed amendment, the State will make available an additional $6,720 in 100% State funds for use during the 1995-96 fiscal year (total amount of State funds available for 1995-96 is 557,171) -action requested -APPROVE AMENDMENT TO AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. 28. Notice of completion for Small Business Administration Tree Planting Project for Chapmantown and Mulberry area, County contract no. TPP-95-1 -all contract work has been completed in accordance with the plans and specifications - action requested - ACCEPT CONTRACT WORK; AUTHORIZE CHAIR TO SIGN NOTICE OF COMPLETION; AND AUTHORIZE FII.1NG OF THE NOTICE OF COMPLETION. 29. Chico Chamber of Commerce -the ageement with the Chamber for tourism administrative services was approved by the Board on October 10, 1995 subject to approval of County Counsel and Auditor-Controller. The ageement comes back before the Board because of a desire by the Auditor- Controller to further clarify the annual maximum compensation allowance. The changes are for contractual interpretation only -action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. 30. Palermo Union School District-Collaboration Contract -proposed is an agreement (July 1, 1995 through June 30, 1996) for the provision of parent education, case management and counseling services to children or a child's family on various school campuses in the Palermo Union School District to improve or remedy personal problems, behaviors or home conditions in order to prevent child abuse. Current year funding is 537,000 (StatelSchool) - action requested -APPROVE CONTRACT AND AUTHORIZE THE CHAIR TO SIGN. 31. 1994-95 Butte County Law Library Annual Report -the President of the Law Library Board of Trustees forwards the Annual Report as required by law - action requested -ACCEPT FOR INFORMATION. MOTION: I MOVE TO APPROVE THE CONSENT AGENDA WITH REMOVAL OF ITEMS 3.07, 3.23 AND 3.25. S M VOTE: l Y 2 Y 3 Y 4 Y S Y (Unanimously Carried) Page 315 October 24, 1995 October 24. 1995 ~ular Benda 95-313 Presentation of Resolution No. 95-142 by Chair McLaughlin, on behalf of the Board, to Patricia Townsend upon her retirement after 31 plus years with the Sheriff s Office. 95-314 Appointments -commissions and committees. A Emergency Medical Care Committee -action requested -APPOINT ONE PHARMACIST POSITION; ONE FIRE SERVICE REPRESENTATIVE; AND ONE EMERGENCY DEPARTMENT PHYSICIAN TO TERMS TO EXPIRE JUNE 30, 1998. MOTION: I MOVE TO APPOINT JOHN LEWIS (PHARMACIST), STEVE BROWN (FIRE SERVICE), AND ROBERT GLICK, M.D. (EMERGENCY DEPARTMENT PHYSICIAN). M S VOTE: l Y 2 Y 3 Y 4 Y S Y (Unanimously Carved) B. Appointments to committee vacancies. MOTION: I MOVE TO APPOINT ROBERT HEWITT (OROVILLE BUSINESS REPRESENTATIVE) TO THE PRIVATE INDUSTRY COUNCIL. M S VOTE: l Y 2 Y 3 Y 4 Y S Y (inanimously Carried) 95-315 Update on Sacramento legislative and budget activities. (297) (JOHN S. BLACKLOCK, CHIEF ADMINISTRATIVE OFFICER, REPORTED THAT THE COUNTY'S ADVOCATE DALE WAGERMAN WII.L BE PRESENT AT THE NOVEMBER 14, 1995 BOARD MEETING TO DISCUSS A RECAP OF THE PAST LEGISLATIVE YEAR AND A LOOK FORWARD INTO NEXT YEAR) 95-316 Discussion of water drainage upon Midway Orchards and the Dixon property from a water well used to control surface water on the Entler Avenue Subdivision -action requested -BOARD DIRECTION. (304) (REFERRED TO DIRECTOR-PUBLIC WORKS FOR A REPORT TO THE BOARD AT ITS MEETING OF NOVEMBER 14, 1995) Page 316 October 24, 1995 October 24, l 995 95-317 Introduction of an ordinance amending Chapter 23B of the Butte County Code, entitled "Water Wells" from the March 14. 1995 Board of Supervisors' meeting as amended on October I0, 1995 -action requested -WAIVE READING OF THE ORDINANCE. {1145) (FROM 10-10.95) Introduction of an ordinance amending Chapter 23B of the Butte County Code, entitled "Water Wells" from the September 26. 1995 Board of Supervisors' meeting - adion requested -WAIVE READING OF THE ORDINANCE. (FROM 10.14-95) (BOARD DIRECTION TO CONTINUE THIS ITEM TO THE BOARD MEETING OF NOVEMBER 14, 1995) MOTION: I MOVE TO WAIVE READING OF THE ORDINANCE (FROM THE SEPTEMBER 26, 1995 BOARD MEETING) AMENDED TO INCLUDE WITHIN SECTION 23B-2(b), "THIS DEFINITION INCLUDES AGRICULTURAL WELLS". S M VOTE: l Y 2 Y 3 N 4 Y S Y (Motion Carved) RECESS: 10:35 AM. RECONVENE: 10:50 AM. Public Hearings and Timed Items 95-318 Public hearing -consideration of the adoption of a proposed ordinance amending Chapter 43 of the Butte County Code, entitled "Public Health Department Fees", solely with regard to water well permit fees -action requested -ADOPT ORDINANCE AND AUTHORIZE THE CHAIR TO SIGN. (FROM 9-12-95) (2942) (DARING OPENED AND CONTINUED OPEN TO NOVEMBER 14, 1995 AT 10:30 A.M.) Page 317 October 24, 1995 October 24. 1995 95-319 Public hearing -consideration of an application to the State of California for approximately 518,000 in funds for a planning and technical assistance grant under the Small Cities Community Development Block Grant Program. Funds would be used to complete a neighborhood revitalization study within the community of Chapmantown and to prepare a Community Development Block Grant (CDBG) general allocation application -action requested -APPROVE SUBMISSION OF THE GRANT APPLICATION. (3016) MOTION: I MOVE TO ADOPT RESOLUTION N0.95-144 APPROVING AN APPLICATION FOR FUNDING AND THE EXECUTION OF A GRANT AGREEMENT FROM THE PLANNING/TECHNICAL ASSISTANCE ALLOCATION OF THE STATE OF CALIFORNIA CDBG PROGRAM AND AUTHORIZE THE CHAIR TO SIGN. M S VOTE: l Y 2 Y 3 Y 4 Y S Y (Unanimously Carried) Regular Agenda 95-320 SB 1033 application to the Commission on State Mandates for General Assistance mandate relief -action requested -AUTHORIZE THE CHIEF ADMINISTRATIVE OFFICER TO WORK IN COOPERATION WITH COUNTY DEPARTMENT HEADS IN PREPARING AN "APPLICATION FOR A FINDING OF SIGNIFICANT FINANCIAL DISTRESS" FOR SUBMITTAL TO THE COMMISSION ON STATE MANDATES. (**00) MOTION: I MOVE TO AUTHORIZE THE CHIEF ADMINISTRATIVE OFFICER TO WORK IN COOPERATION WITH COUNTY DEPARTMENT HEADS IN PREPARING AN "APPLICATION FOR A FINDING OF SIGNIFICANT FINANCIAL DISTRESS" FOR SUBMITTAL TO THE COMMISSION ON STATE MANDATES. S M VOTE: l Y 2 Y 3 Y 4 Y S Y (Unanimously Carried) 95-321 Public Comment. (PRESENTATIONS WII,L BE LIlVIITED TO FIVE MINiJTES. THE BOARD OF SUPERVISORS IS PROHIBITED BY STATE LAW FROM TAKING ACTION ON ANY ITEM PRESENTED IF IT IS NOT LISTID ON THE AGENDA.) Gordon Thomas, Paradise -has tickets available at $25 each for the Community Action Agency's fund-raiser cruise "Down the Nile" on Saturday, October 28, 1995. Page 318 October 24, 1995 October 24. 1995 Reszular Agenda 95-322 Items removed from the Consent Agenda for Board consideration and action. 1. Award of bid no. 17-96 -District Attorney vehicles -bid quotations have been received for the purchase of two sedans for the District Attorney's Office with the low bidder being Hoblit Motors of Colusa in the amount of $16,065.88 (Department budget) each including tax and document fees -action requested -AWARD BID. MOTION: I MOVE TO REFER THIS ITEM BACK TO THE DEPARTMENT HEAD TO LOWER THE VEHICLE SPECIFICATIONS REQUIRED. S M VOTE: l Y 2 Y 3 Y 4 Y S Y (Unanimously Carried) 2. Director-Development Services -proposed is a two year extension (to provide for a contract expiration of May 4, 1998) to the employment contract for the Director-Development Services -action requested -APPROVE TWO YEAR EXTENSION TO EMPLOYMENT CONTRACT FOR DIRECTOR- DEVELOPMENT SERVICES AND AUTHORIZE THE CHAIR TO SIGN. (NO ACTION TAKEN/CONTINUED TO BOARD MEETING OF NOVEMBER 14, 1995} 95-323 CLOSED SESSION: The Board recessed at 11:08 a.m. to a closed session conference with legal counsel for potential litigation pwsuant to Government Code Section 5495b.9(c) (State Reclamation Board), and a conference with legal counsel regarding labor negotiations pwsuant to Government Code Section 54957.6 (Agency negotiator: Director-Personnel; Employee organization: Social Services Workers Unit). RECONVENE: The Board reconvened at 11:35 a.m. following a closed session conference with legal counsel for potential litigation pursuant to Government Code Section 5495b.9(c) (State Reclamation Board), and a conference with legal counsel regarding labor negotiations pursuant to Government Code Section 54957.6 (Agency negotiator: Director-Personnel; Employee organization: Social Services Workers Unit). (NO ANNOUNCEMENTS) Page 319 October 24, 1995 October 24. 1995 Regular Agenda 95-324 Items removed from the Consent Agenda for Board consideration and action. 1. State Reclamation Board - floodplain management along the Sacramento River - it is proposed that the County enter into a memorandum of ageement with the State Reclamation Board to resolve floodplain management issues arising out of the Reclamation Board's designation of a 100-year designated floodway along the Sacramento River in Butte County -action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (NO ACTION TAKEN/CONTINUED TO BOARD MEETING OF NOVEMBER 14, 1995) 95-325 Communications Communications received and referred. (COPIES OF ALL COMMUNICATIONS ARE AVAII.ABLE IN THE CLERK OF THE BOARD OFFICE.) A. David and Helen Goodrow, Oroville -write the Board regarding the lack of a recorded access to homes on Wakefield Drive, Oroville. (REFER TO COUNTY COUNSEL AND DIItECTOR-PUBLIC WORKS) ADJOURNMENT: There being no further business before the Board, the meeting was adjourned at 11:35 a.m. to reconvene on Tuesday, November 14, 1995 at 9:00 a. m. ATTEST: JOHN S. BLACKLOCK, Chief Administrative Officer and Clerk of the Board .Supervisors By: ~ Page 320 October 24, 1995