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HomeMy WebLinkAboutM102594October 25, 1994 Call to order - Board of Supervisors room, County Administration Building, 25 County Center Drive, Oroville. Supervisors V. Meyer, Dolan, Houx, Thomas and Chair McLaughlin present. John S. Blacklock, Chief Administrative Officer; Neil McCabe, Assistant County Counsel; and Carol Roach, Assistant Clerk of the Board. Pledge of allegiance to the Flag of the United States of America. Invocation - Gene Fuqua, Pastor, Cornerstone Bible Chapel, Oroville 94-319 Items removed from the Consent Agenda for Board consideration and action. 1. Advanced step hiring - Public Health Department - Board authorization is requested for appointment of an Environmental Health Specialist IZ at step 4 of the salary range - action requested - PURSUANT TO PERSONNEL RULES SECTION 12.5(B), APPROVE ADVANCED STEP HIRING AT STEP 4 OF SALARY RANGE 1184 FOR AN ENVIRONMENTAL HEALTH SPECIALIST II. Consent Agenda 94-320 1. Budget transfers - action requested - APPROVE BUDGET TRANSFERS B-30 (PUBLIC HEALTH), B-31 (FIRE), B-33 (FIRE), B-34 (COMMUNICATIONS), B-35 (TREASURER/TAX COLLECTOR), B-36 (CSA 21, ZONE 4), AND B-37 {WELFARE). 2. County library donation - in accordance with Government Code Section 25355, a donation of $500 from Eagles Auxiliary, Oroville has been received for the Butte County Trust Fund for the purchase of books - action requested - ACCEPT DONATION AND AUTHORIZE A LETTER OF APPRECIATION. Page 295 October 25, 1994 October 25, 1994 94-320 3. Fire Department - Bangor Volunteer Fire Department, Company 55, wishes to donate a cab/chassis (1990 Freightliner tractor model no. FLC-12064ST, serial no. 383174, engine no. 11572028) to the County to be fabricated into a water tender to serve the Bangor community and Butte County through the cost share program - action requested - ACCEPT DONATION AND AUTHORIZE A LETTER OF APPRECIATION. 4. Final map - High Sierra Estates Subdivision and boundary line modification - the developer has provided a Time Certificate of Deposit to guarantee maintenance of facilities for a period of one year starting September 20, 1994 on AP 030-250-038 and 045, 14 lots, property located on the southwest corner of Oroville Dam Boulevard West and Wilbur Road, west Oroville area - action requested - APPROVE FINAL MAP, ACCEPT EASEMENTS AS GRANTED IN THE OWNERS STATEMENT ON BEHALF OF THE PUBLIC, AND AUTHORIZE THE CHAIR TO SIGN THE SUBDIVISION AGREEMENT . 5. Christina Hope Sisco, individually and as guardian ad litem for Simon Sisco, a minor - files a claim in the amount of $3,000,000 as a result of the alleged wrongful death (including mental and emotional distress) of Melissa Leann Sisco on or about April 12, 1994 at Palermo Road near Bull Dog Way, Palermo (Oroville) - action requested - REJECT CLAIM AND REFER TO RISK MANAGER AND COUNTY COUNSEL. 6. Jimmy D. Sisco - files a claim $1,000,000 as a result of the death of Melissa Leann Sisco on 1994 at Palermo Road near Bull (Oroville) - action requested - REFER TO RISK MANAGER AND COUNTY in the amount of alleged wrongful ~r about April 12, Dag Way, Palermo REJECT CLAIM AND COUNSEL. 7. James A. Brown, Sr., Biggs - files an application for leave to file a late claim in the amount of $500,000 for alleged injury and damages received on or about October 2, 1993 at the Solid Waste Transfer Station on Ord Road in Gridley - action requested - REJECT APPLICATION FOR LEAVE TO FILE LATE CLAIM AND REFER TO RISK MANAGER AND COUNTY COUNSEL. 8. Terry Owen, Los Molinos -files a claim for alleged personal injury in an unspecified amount as a result of an automobile accident on or about February 7, 1994 on Keefer Road, Chico - action requested - REJECT CLAIM AND REFER TO RISK MANAGER AND COUNTY COUNSEL. Page 296 October 25, 1994 94-320 9. Conveyance of County property - Board authorization is requested for the donation of a Singer/Gertz station monitor (asset no. 421802) to the County RACES organization, the Sheriff's Communications Reserve. The monitor, acquired in 1976 for Central Communications, has been deemed to be obsolete and is of no further value to the County - action requested - AUTHORIZE DONATION OF FIXED ASSET ITEM. (FROM 10-11-94) 10. Conveyance of County property - Fire Department/Biggs Volunteer Fire Department, Company No. 73 - the Fire Department wishes to declare surplus a 1980 Ford pickup (vin no. F37GRHD1000, County no. 390, license no. ZAZ6212) and return title to the Biggs Volunteer Fire Company No. 73. The volunteer company will sell the vehicle and place the funds in the company's treasury for future apparatus purchase - action requested - AUTHORIZE PUBLICATION OF NOTICE OF INTENTION TO CONVEY COUNTY PROPERTY PURSUANT TO GOVERNMENT CODE SECTIONS 25365 AND 6061. 11. Award of bid no. 21-95 - reroof of Gridley Memorial Hall - bids have been opened for the reroofing of the Gridley Memorial Hall with the low bidder being George Roofing of Oroville in the amount of $25,175 - action requested - AWARD BID. 12. Investments information report - the Treasurer-Tax Collector submits the September 30, 1994 report in accordance with the County's Statement of Investment Policy dated June 1, 1994 - action requested - ACCEPT FOR INFORMATION. 13. Construction of traffic signal installation at intersection of State Highway 32 and East Avenue, County contract no. 56171-92-1: Contract change order no. 1 in the increasing amount of $1,225.00 provides payment for signal modification made necessary due to conflict with underground telecommunication cable; contract change order no. 2 in the increasing amount of $5,190 provides payment for furnishing and installing additional storm drainage facilities made necessary due to conflict with underground telecommunication cable; and contract change order no. 3 at no change in cost, provides for furnishing and installing a 48" RCP manhole in lieu of a 36" GMP drop inlet due to increased drainage from adjacent development - action requested - APPROVE CONTRACT CHANGE ORDER NOS. 1, 2 AND 3 AND AUTHORIZE THE CHAIR TO SIGN. Page 297 October 25, 1994 94-320 14. County Service Area No. 87 - proposed is an amendment to preparation of a Specific Plan an additional scope of work REVENUE) - action requested AN AMENDMENT TO AGREEMENT AND TO SIGN. Heritage Partners - the agreement for for CSA 87 to cover for $15,700 (CSA - APPROVE B-29 AND AUTHORIZE THE CHAIR 15. County Service Area No. 87 - Vail Engineering - proposed is an amendment to the agreement for preparation of a Specific Plan for CSA 87 to cover an additional scope of work for $15,594.04 (CSA REVENUE) - action requested - APPROVE AMENDMENT TO AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. 16. Butte County Superintendent of Schools - proposed is an agreement for the provision of adolescent day treatment services at Loma Vista School, Chico and Oakdale Heights School, Oroville. This is an ongoing program conducted through the Youth Treatment Services Unit of the County's Mental Health Department. The agreement commencing July 1, 1994 through December 31, 1994 has a maximum contract obligation of $121,623 (REALIGNMENT) - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF THE AUDITOR-CONTROLLER AND COUNTY COUNSEL. 17. Lynne Bussey - proposed is a lease agreement/option to purchase the approximately 4,000 sq. ft. facility at X40 Comanche Court, Chico. The lease is contingent upon use approval from the City of Chico, which would allow the facility to be used by Mental Health units as a crisis residential care home for up to ten children ages 8 to 18 (two to four staff members would be present at all times.) The option to purchase can be exercised through February 28, 1996 for a purchase price of $221,500 (anticipated realignment dollars). The lease term is October 1, 1994 through June 30, 1995 in the maximum amount of $14,418 (REALIGNMENT) - action requested - APPROVE BUDGET TRANSFER B-32 AND LEASE AGREEMENT/OPTION TO BUY AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF THE AUDITOR- CONTROLLER AND COUNTY COUNSEL. Page 298 October 25, 1994 94-320 18. Davis S. Kornblum, CPA - proposed is a personal services contract for the preparation of the required Short-Doyle, Medi-Cal and Medicare Cost reports within the time frame set by Federal and State regulations. The contract commences July 1, 1994 through June 30, 1995 in the maximum amount of $15,000 (REALIGNMENT) - action requested - APPROVE CONTRACT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF THE AUDITOR-CONTROLLER AND COUNTY COUNSEL. 19. North Valley Schools - proposed is an agreement to provide an Adult Day Rehabilitation Program in Paradise for clients referred by the County's Mental Health Department. The contract commences July 1, 1994 through December 31, 1994 in the maximum amount of $136,420 (REALIGNMENT) - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF THE AUDITOR- CONTROLLER AND COUNTY COUNSEL. 20. Tehama Recovery Center, Inc. (TRC) - proposed is an agreement for provision of residential drug, alcohol and perinatal treatment services for County residents. The term of the agreement is July 1, 1994 through June 30, 1995 in the maximum amount of $44,048 ($20,000 FEDERAL/$24,048 PERINATAL PILOT TREATMENT) - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. 21. Victor Treatment Centers, Inc. - proposed is an agreement to provide an intensive residential treatment setting for mentally ill adolescents from Butte County (Youth Treatment Services Unit) who otherwise would require more restrictive and costly care in a hospital setting. The term of the agreement is July 1, 1994 through December 31, 1994 in the maximum amount of $66,140 (REALIGNMENT) - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF THE AUDITOR-CONTROLLER AND COUNTY COUNSEL. 22. Work Training Center for the Handicapped, Inc. - proposed is an agreement for the provision of a socialization and recreational program for clients of the County's Mental Health Department. The term of the agreement is July 1, 1994 through December 31, 1994 in the maximum amount of $76,138 (REALIGNMENT) - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF THE AUDITOR-CONTROLLER AND COUNTY COUNSEL. Page 299 October 25, 1994 October 25. 1994 94-320 23. Work Training Center for the Handicapped, Inc. - proposed is an agreement for the provision of a vocational rehabilitation program for clients of the County's Mental Health Department. The term of the agreement is July 1, 1994 through December 31, 1994 in the maximum amount of $26,224 (REALIGNMENT) - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF THE AUDITOR-CONTROLLER AND COUNTY COUNSEL. 24. State Department of Health Services - on September 27, 1994 your Board approved participation in the Hepatitis A Immunization Project. The purpose of the project is to protect children and families from the current hepatitis outbreak through immunization and education. Under the terms of the agreement, $162,051 (100$ STATE FUNDS) will be available for the period September 1, 1994 through December 31, 1994 - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF AUDITOR- CONTROLLER AND COUNTY COUNSEL. 25. 1994-95 Maternal and Child Health agreement - the proposed agreement with the State Department of Health Services will provide 100$ funds to cover the cost of selected services directed toward improving the health of high risk mothers and children. The maximum amount payable under this agreement is $167,096 for the period July 1, 1994 through June 30, 1995 - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. 26. Neal Road Landfill - Board authorization is requested to release a request for proposals (RFP) to prepare a preliminary closure and preliminary post-closure maintenance plan for the landfill in accordance with California Code of Regulations, Title 14, Articles 3.4 and 7.8 - action requested - APPROVE RELEASE OF THE REQUEST FOR PROPOSALS TO PREPARE A PRELIMINARY CLOSURE AND PRELIMINARY POST- CLOSURE MAINTENANCE PLAN. MOTION: VOTE: I MOVE TO APPROVE REMOVAL OF ITEM 3.27. S M l Y 2 Y 3 Y 4 Y 5 Page 300 THE CONSENT AGENDA WITH Y (Unanimously Carried) October 25, 1994 October 25. 1994 Regular Agenda 94-321 Items removed from the Consent Agenda for Board consideration and action. 1. Advanced step hiring - Public Health Department - Board authorization is requested for appointment of an Environmental Health Specialist II at step 4 of the salary range - action requested - PURSUANT TO PERSONNEL RULES SECTION 12.5(B), APPROVE ADVANCED STEP HIRING AT STEP 4 OF SALARY RANGE 1184 FOR AN ENVIRONMENTAL HEALTH SPECIALIST II. MOTION: PURSUANT TO PERSONNEL RULES SECTION 12.5(B), I MOVE TO APPROVE ADVANCED STEP HIRING AT STEP 4 OF SALARY RANGE 1184 FOR AN ENVIRONMENTAL HEALTH SPECIALIST II. M S VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) 94-322 Appointments - commissions and committees. (238) a. Appointments to committee vacancies. (NONE) b. California State Association of Counties (CSAC) - action requested - APPOINT SUPERVISOR DOLAN AS CSAC BOARD OF DIRECTOR MEMBER FOR 1995 AND SUPERVISOR HOUX AS ALTERNATE. MOTION: I MOVE TO APPOINT SUPERVISOR DOLAN AS CSAC BOARD OF DIRECTOR MEMBER FOR 1995 AND SUPERVISOR ROUX AS ALTERNATE. s M VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) 94-323 Update on Sacramento legislative and budget activities. (262) (JOHN S. BLACKLOCK, CHIEF ADMINISTRATIVE OFFICER, REPORTED ON FOLLOW UP TO THE GOVERNORS VETO OF AB 2082, THE AT RISK COUNTIES MEASURE) 94-324 Presentation to the Board of the bronze ribbon earned by the Butte County Display in the Butte County State Fair Booth - action requested - APPROVE LETTERS OF APPRECIATION TO THOSE 4-H VOLUNTEERS AND CONTRIBUTORS THAT DEVELOPED AND PRESENTED THE AGRICULTURE INDUSTRY IN THE BUTTE COUNTY STATE FAIR BOOTH. (PRESENTATION BY MOLLY MEADE AND MIEKE HULL, 4-H YOUTH DIAMOND STAR MEMBERS. BOARD APPROVAL OF LETTERS OF APPRECIATION TO THOSE 4-H VOLUNTEERS AND CONTRIBUTORS THAT DEVELOPED AND PRESENTED THE AGRICULTURE INDUSTRY IN THE BUTTE COUNTY STATE FAIR BOOTH.) Page 301 October 25, 1994 October 25. 1994 94-325 Report to the Board on an urgency ordinance (no. 3155)/resolution (no. 94-105) declaring a moratorium on well permits, with certain exemptions (domestic, municipal, emergency agricultural, etc.), pending the preparation of an environmental impact report on the cumulative effects of additional wells. (390) (CONTINUED TO 11/8/94) 94-326 Consideration of a request for removal of the one-foot no access strip on AP 47-60-006 (Walter Bird parcel map). (990) MOTION: I MOVE TO AUTHORIZE REMOVAL OF THE ONE-FOOT NO ACCESS STRIP ON AP 47-60-006 (WALTER BIRD PARCEL MAP). S M VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) 94-327 Community Development Block Grant (CDBG) Program - request for proposals (RFP) - the County recently received a grant in the amount of $390, 900 under the CDBG Program. As a condition of the grant, the County must obtain proposals for administration and implementation of the 1994 Program Grant - action requested: A. BOARD APPROVAL TO OBTAIN PROPOSALS TO ADMINISTER AND IMPLEMENT THE 1994 CDBG PROGRAM GRANT; AND B. APPOINT A RFP REVIEW COMMITTEE COMPRISED OF TWO SUPERVISORS, CHIEF ADMINISTRATIVE OFFICER, DIRECTOR-PUBLIC WORKS, AUDITOR-CONTROLLER AND DIRECTOR-DEVELOPMENT SERVICES. (NO ACTION TAKEN) 94-328 Resolution authorizing the Director-Mental Health to implement an Adolescent Residential Crisis Program and apply for licensure. MOTION: I MOVE TO FIND THAT THE NEED FOR ACTION ON THIS ITEM AROSE AFTER THE PREPARATION OF THE AGENDA. M s VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) MOTION: I MOVE TO ADOPT RESOLUTION 94-124 AUTHORIZING THE DIRECTOR-MENTAL HEALTH TO IMPLEMENT AN ADOLESCENT RESIDENTIAL CRISIS PROGRAM AND APPLY FOR LICENSURE. M S VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) Page 302 October 25, 1994 94-329 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) RECESS: 9:53 A.K. RECONVENE: 10:15 A.M. 94-330 Public hearing - Sierra Pacific Industries - consideration of a rezone (determined to be a general rule exemption from environmental review) from TM-5 (timber mountain - five acre parcels), TM-160 (timber mountain - 160 acre parcels), and C-F (Commercial Forestry) to TP-160 (Timber Preserve - 160 acre parcels) , property located at various areas in the north and east regions of Butte County, identified as AP 060-040-008, 061-130-008, 073-040-032 and -033, 073-050-014 and 015. (1530) Page 303 October 25, 1994 94-330 MOTION: I MOVE TO APPROVE APPLICATION NO. 94-107, SUBJECT TO 1. ENVIRONMENTAL FINDINGS A. FIND THAT THE PROJECT IS NOT SUBJECT TO ENVIRONMENTAL REVIEW UNDER CEQA AS PER THE GENERAL RULE EXEMPTION; AND B. THE PROPOSED PROJECT WILL NOT CAUSE ENVIRONMENTAL DAMAGE TO FISH OR WILDLIFE OR THEIR HABITAT; 2. ZONING ORDINANCE FINDINGS A. THE IMMEDIATE REZONING WOULD BE IN THE PUBLIC INTEREST; B. THE IMMEDIATE REZONING DOES NOT HAVE A SUBSTANTIAL AND UNMITIGATED ADVERSE EFFECT UPON THE CONTINUED TIMBER GROWING USE OR OPEN SPACE USE OF OTHER LANDS ZONED TIMBER PRESERVE AND SITUATED WITHIN ONE MILE OF THE EXTERIOR BOUNDARY OF THE LAND UPON WHICH IMMEDIATE REZONING IS PROPOSED; C. THE SOILS, SLOPES, AND WATERSHED CONDITIONS WILL BE SUITABLE FOR THE USES PROPOSED BY THE APPLICANT IF THE IMMEDIATE REZONING IS APPROVED; D. THE IMMEDIATE REZONING IS NOT INCONSISTENT WITH THE PURPOSES OF SUBDIVISION (J) OF SECTION 3 OF ARTICLE XIII OF THE STATE CONSTITUTION AND OF SECTIONS 51100 ET SEQ. OF THE CALIFORNIA GOVERNMENT CODE IN THAT THE PARCELS INVOLVED WILL BE DEVOTED TO AND USED FOR GROWING AND HARVESTING TIMBER AND COMPATIBLE USES, AND WHICH IS CAPABLE OF GROWING AN AVERAGE ANNUAL VOLUME OF WOOD FIBER OF AT LEAST 15 CUBIC FEET PER ACRE; E. THE REZONE CONFORMS TO THE POLICIES, INCLUDING THE TEXT AND MAP OF THE BUTTE COUNTY GENERAL PLAN, BECAUSE THE PROPOSED REZONE DOES NOT REPRESENT ANY SIGNIFICANT CHANGES TO THE AREA AND IS CONSISTENT WITH EXISTING ADJACENT ZONES; AND 3. ACTION A. SUBJECT TO ENVIRONMENTAL FINDINGS A-B AND ZONING ORDINANCE FINDINGS A- E, I MOVE TO ADOPT ORDINANCE 3161 FOR IMMEDIATE REZONE OF AP 060-040-008 FROM TM-5 TO TPZ-160, AP 061-130-008 FROM CF TO TPZ 160, AP 073-040-033 FROM CF TO TPZ-160, AP 073-040- 032 FROM TM-160 TO TPZ-160, AP 073-050-014 FROM CF TO TPZ-160, AND AP 073-050-015 FROM CF TO TPZ-160 FOR PACIFIC INDUSTRIES. S M VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) Paqe 304 October 25, 1994 94-331 Public hearing - Don Doerschlaq - consideration of an appeal of the Planning Commission's denial of an administrative permit (item determined to be categorically exempt from environmental review) to allow a senior citizen dwelling no larger than 1200 square feet for one or two persons age 62 years or over on property zoned TM-5 (Timber Mountain - five acre parcels), property located on the east side of Wintergreen Lane, approximately 800 feet north of Schott Road, at 15970 Wintergreen Lane, identified as AP 056-280-041, Forest Ranch. (1837) (HEARING OPENED AND CONTINUED OPEN TO NOVEMBER 22, 1994 AT 11:00 A.M.) Public hearing - Don Doerschlag - consideration of an appeal of the Planning Commission's denial of an administrative permit (item determined to be categorically exempt from environmental review) to allow a senior citizen dwelling no larger than 1200 square feet for one or two persons age 62 years or over on property zoned TM-5 (Timber Mountain - five acre parcels), property located on the north side of Wanda Lane, approximately 300 feet west of Barry Lane at 4899 Wanda Lane, identified as AP 056-280-042, Forest Ranch. (HEARING OPENED AND CONTINUED OPEN TO NOVEMBER 22, 1994 AT 11:00 A.K.) 94-332 CLOSED SESSION: The Board recessed at 11:10 a.m. to a closed session conference with legal counsel on pending litigation pursuant to Government Code Section 54956.9 (Organ v. Dolan, Bell v. Alameda County, and Oberlander v. Contra Costa County), and anticipated litigation pursuant to Government Code Section 54956.9 (b) (two potential cases to be discussed). RECONVENE: The Board reconvened at 11:55 a.m. following a closed session conference with legal counsel on pending litigation pursuant to Government Code Section 54956.9 (Organ v. Dolan, Bell v. Alameda County, and Oberlander v. Contra Costa County), and on anticipated litigation pursuant to Government Code Section 54956.9(b) (two potential cases to be discussed). (NO ANNOUNCEMENTS) Page 305 October 25, 1994 October 25, 1994 94-333 Communications Communications received and referred. (COPIES OF ALL COMMUNICATIONS ARE AVAILABLE IN THE CLERK OF THE BOARD OFFICE.) (NONE) ADJOURNMENT: There being no further business before the Board, the meeting was adjourned at 11:55 a.m. to reconvene on Tuesday, November 8, 1994 at 9:00 a.m. c ED MCLA HL , CHAIR Butte Count Board of Supervisors ATTEST: JOHN S. BLACKLOCK, Chief Administrative Officer and Clerk of th and of Supervisors Page 306 October 25, 1994