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HomeMy WebLinkAboutM111296MINUTES 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 November 12, 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 Administratioe 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. Invocation - Pastor Mick Ista, Calvary Lutheran Church, Oroville. 96-300 Items removed from the Consent Agenda for Board consideration and action. 1. Town of Paradise - proposed is a property tax exchange agreement for the for the York Bourgeois Territory annexation to the Town of Paradise (LAFCo 96-25) - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. Consent Agenda 96-301 1. Approval of minutes - action requested - APPROVE MINUTES OF OCTOBER 22, 1996 AND OCTOBER 29, 1996. 2. Budget transfers - action requested - APPROVE BUDGET TRANSFERS B-038 (PUBLIC WORKS), AND B-039 (COUNTY CLERK-RECORDER.) Page 319 November 12, 1996 November 12, 1996 96-301 3. Consideration of an Ordinance Adding Article X to Chapter 3, and Amending Section 20-210 of the Butte County Code, Regarding Drainage Impact Fees Within Thermalito Drainage Area and the Chico Vecino Drainage Area - to codify drainage fees for these areas and adjust the previously adopted fees to current construction costs - action requested - SET A PUBLIC HEARING ON TUESDAY, DECEMBER 10, 1996 AT 10:15 A.M. 4. Consideration of an Ordinance Amending Chapter 10, Article IV, Chico Urban Area Street Facility Improvement Fees and Article V, North Oroville/Thermalito Traffic Impact Fees - to codify Chico Urban Area Traffic Fees and adjust the previously adopted fees to current construction costs as provided in County Code - action requested - SET A PUBLIC HEARING ON TUESDAY, DECEMBER 10, 1996 AT 10:30 A.M. 5. Consideration of an Ordinance Amending Chapter 43 of the Butte County Code regarding fees for services rendered by the Public Health Department - action requested - SET A PUBLIC HEARING ON TUESDAY, DECEMBER 10, 1996 AT 10:45 A.M. 6. County Library donations - in accordance with Government Code Section 25355, donations of $5,000 from Jane Lawton Southcott, Southcott Family Trust; $3,115.87 from Chico Friends of the Library; $2,517 from Friends of the Library in Oroville; and $500 from Fraternal Order of Eagles, Paradise have been received for the Butte County Trust Fund for the purchase of books - action requested - ACCEPT DONATIONS AND AUTHORIZE LETTERS OF APPRECIATION. 7. Biggs Memorial Hall - action requested - REAPPOINT ANTONIO AIRISA (U.S. AIR FORCE), NORRIS ANDERSON {U.S. ARMY), ERNEST HOFMAN, JR. (U.S. ARMY), KENNETH JENNINGS (U.S. NAVY), FRANK MATHAUSER (U.S. ARMY), RAY VALVERDE (VFW-NAVY, ALTERNATE) TO TERMS TO EXPIRE JUNE 30, 1997. 8. Drug House Abatement Advisory Committee - action requested - APPOINT MIKE KRAM, PAT OLASKEY, AND MIKE ARENS (DISTRICT FOUR.) Page 320 November 12, 1996 November 12, 1996 96-301 9. Gridley Memorial Hall - action requested - REAPPOINT TIM TOKUNO (VFW POST 5731), WILLIAM PARR (VFW POST 5731), RAY L. ROBERTS (NORTH VALLEY SENIOR DANCE GROUP), AND MYRON FOUNTAIN (AMERICAN LEGION POST 210) TO TERMS TO EXPIRE JUNE 30, 1997. 10. Private Industry Council - action requested - REAPPOINT MARGARET "MOLLY" WILLIAMS (CHICO BUSINESS REPRESENTATIVE), MICHAEL BAKER (GRIDLEY/BIGGS BUSINESS REPRESENTATIVE), FRANK FENLEY (OROVILLE BUSINESS REPRESENTATIVE), PAT CRAGAR (DIRECTOR- SOCIAL WELFARE), THOMAS P. TENORIO (COMMUNITY BASED ORGANIZATION), AND JoANN PALMER (AT-LARGE REPRESENTATIVE) TO TERMS TO EXPIRE JUNE, 1999. 11. Thompson Flat Cemetery District - action requested - APPOINT JOSEPH D. MADDEN TO A TERM TO ENDING APRIL 1, 1999. 12. Final map - Justin Manor Subdivision - the developer has provided a cash deposit to guarantee maintenance of facilities for a period of one year starting October 22, 1996. The developer has also provided a cash deposit to guarantee completion of the fire protection system on AP 047-430-009, nine lots, property located on the south side of Keefer Road approximately 1500 feet east of Highway 99, North Chico area - action requested - APPROVE FINAL MAP, ACCEPT EASEMENTS AS GRANTED IN ITEMS 1,2,4 AND 5 OF THE OWNER'S STATEMENT ON BEHALF OF THE PUBLIC, ACCEPT GRANT IN FEE SIMPLE OF KEEPER ROAD A5 OFFERED IN ITEM 6 OF THE OWNER'S STATEMENT (NOTE: FELICIDAD LANE AS OFFERED FOR DEDICATION IN ITEM 3 OF THE OWNER' S STATEMENT IS NOT ACCEPTED AT THIS TIME), AND AUTHORIZE CHAIR TO SIGN SUBDIVISION AGREEMENT. Page 321 November 12, 1996 November 12, 1996 96-301 13. Easement agreement - Skyway right-of-way through former Bureau of Land Management (BLM) property, currently owned by the American Land Conservancy - in 1979 when Butte County constructed the Skyway to four lanes, the County acquired a Right-of-Way Grant (serial no. CA6073) from the U.S. Department of Interior for the portion of the Skyway crossing BLM property. The land was recently transferred to the American Land Conservancy for pending sale to a private party. BLM has requested the execution of a replacement easement agreement, at no expense to the County, which will run with the land and will be binding on future property owners - action requested - APPROVE EASEMENT AGREEMENT AND RELINQUISHMENT OF PREVIOUS GRANT, AND AUTHORIZE THE CHAIR TO SIGN. 14. Dena Yoder, Chico and Coral Sowl, Paradise file applications for leave to present late claims in unspecified amounts as a result of alleged damages received as a result of bicycling accidents on or about November 18, 1995 on Centerville Road at the "steel bridge" - action requested - REJECT CLAIMS AND REFER TO COUNTY COUNSEL AND RISK MANAGER. 15. Howard Wolff, Chico files an application for leave to present late claim in an unspecified amount as a result of alleged damages received as a result of a bicycling accident on or about February 17, 1996 on Centerville Road at the "steel bridge" - action requested - REJECT CLAIM AND REFER TO COUNTY COUNSEL AND RISK MANAGER. Page 322 November 12, 1996 November 12, 1996 96-301 16. Administration - the Interim Information Systems management team is proposing the acquisition of two file servers, three personal computers, software, a printer, and communications connection devices/configuration. This system, configured as a Local Area Network (LAN), would be the core element of the continued Information Systems management technical support for testing, managing, and office function support of the Information Systems team, both pro tem and the proposed, more permanent structure. This proposal has been reviewed and is recommended for approval by the Data Processing Steering Committee. Funding of $20,000 (excluding tax) will come from existing appropriations set aside for information systems management services - action requested - AUTHORIZE ACQUISITION OF THE FIXED ASSET ITEMS, AND APPROVE BUDGET TRANSFER B-049. 17. District Attorney - Board authorization is requested for the purchase of two police radios for installation in two new vehicles, which will be assigned to the Family Support Investigations Division. Total cost of $3,000 for the two radios is currently in the Division's fixed assets line item - action requested - APPROVE PURCHASE OF FIXED AS5ET ITEMS. 18. Fire Department - Board authorization is requested for the purchase of a chair to complete the purchase of chairs (the chair will match existing chairs purchased during 1995-96) for the new County Fire Dispatch Center at a cost of $671.39 (Department budget) - action requested - APPROVE BUDGET TRANSFER B-037 AND PURCHASE OF FIXED ASSET ITEM. 19. Sheriff-Coroner - Board approval is requested for the acquisition of a surplus 1984 Chevrolet military ambulance vehicle (vin no. 1GCHD34J1EF359907), at County cost, to be utilized by the Special Incident Response Team and Hostage Negotiation Team during critical incidents in Butte County. The maintenance of the vehicle will be paid for by the Sheriff`s Department, Operations Division budget unit - action requested - APPROVE ACQUISITION OF FIXED ASSET ITEM. Page 323 November 12, 1996 November 12, 1996 96-301 20. Butte County Fair - 1997 proposed budget - Board approval is requested of the Fair's budget in the amount of $620,080, which includes a reserve of $66,980 (12.1$ of total budget.) To offset the budget deficit for 1996, the Fair Board of Directors made severe cuts in operational expenditures and Fair programming. Board approval is also requested for the Fair's budget transfer no . 1996-1 in the amount of $75, 690 . The request has been reviewed by Administration, Auditor- Controller and Treasurer-Tax Collector - action requested - APPROVE 1997 BUDGET, BUDGET TRANSFER NO. 1996-1, AND AUTHORIZE THE CHAIR TO SIGN. 21. Butte County Alcohol, Drug and Mental Health (BCADMH) Services budget appropriations as a result of departmental program review - action requested: A. APPROVE BUDGET TRANSFER B-047 WHICH RECOGNIZES AND ALLOCATES $834,661 IN UNANTICIPATED REALIGNMENT REVENUE TO THE BCADMH-GENERAL (541-001) BUDGET UNIT TO SUPPORT TWO PERMANENT POSITIONS (COURIER-STOCK CLERK AND MENTAL HEALTH CLINICIAN I), AND EIGHT TERM POSITIONS (THREE MENTAL CLINICIAN I, THREE MENTAL HEALTH CLINICIAN II, AND TWO MEDICAL RECORDS TECHNICIAN); APPROVE PURCHASE OF FIXED ASSETS IN THE MAXIMUM AMOUNT OF $85,665; AND B. APPROVE BUDGET TRANSFER B-048 WHICH RECOGNIZES AND ALLOCATES $18,349 IN UNANTICIPATED FEDERAL BLOCK GRANT REVENUE TO THE BCADMH-ALCOHOL AND DRUG (541-002} BUDGET UNIT, TRANSFERS $100,000 IN REVENUEjEXPENDITURES RELATED TO THE WELFARE/MENTAL HEALTH MEMORANDUM OF UNDERSTANDING (MOU) TO BCADMH-GENERAL (541- 001) BUDGET UNIT; APPROVE PURCHASE OF FIXED ASSETS IN THE MAXIMUM AMOUNT OF $3,500 (COMPUTER AND PRINTER). Page 324 November 12, 1996 November 12, 1996 96-301 22. Adoption of a salary ordinance amendment implementing an organizational study for the Assessor's Department to retitle one Supervisor- Clerical Support Services (salary range 1150) to Supervisor-Staff Support Services (salary range 1170); retitle one Supervisor-Clerical Support Services (salary range 1150) to Staff Services Systems Specialist (salary range 1170); and reallocate the salary of Supervisor-Assessment Office from salary range 1184 to salary range 1204 (total cost for fiscal year 1996-97 of $5,590/department budget) - action requested - ADOPT ORDINANCE 3291 AND AUTHORIZE THE CHAIR TO SIGN. (FROM 10-22-96) 23. Adoption of a salary ordinance amendment implementing an organizational study for the Auditor's Department (Tax Accounting and Payroll Units) to retitle one Senior Account Clerk (salary range 1082) to Accounting Specialist (salary range 1102); reclassify one Payroll Specialist (salary range 1102) to Auditor-Accountant I (salary range 1152); reclassify one Payroll Systems Administrator (salary range 1172) to Supervisor-Accounting (salary range 1212); retitle one Supervisor-Tax Accounting (salary range 1212) to Supervisor- Accounting (salary range 1212); and to eliminate the classifications of Payroll Specialist (salary range 1102), Supervisor-Tax Accounting (salary range 1212), Payroll Systems Administrator (salary range 1172), and Accounting Systems Administrator (salary range 1172) - action requested - ADOPT ORDINANCE 3292 AND AUTHORIZE THE CHAIR TO SIGN. (FROM 10-22-96) 24. Adoption of a salary ordinance amendment adding one position of District Attorney Investigator II/I (100$ State funded) to the District Attorney's Criminal Division Budget Unit to fulfill the requirements for the department's new Statutory Rape Vertical Prosecution Program grant from the Department of Justice - action requested - ADOPT ORDINANCE 3293 AND AUTHORIZE THE CHAIR TO SIGN. (FROM 10-22-96) Page 325 November 12, 1996 November 12, 1996 96-301 25. Introduction of a salary ordinance amendment implementing an organizational review for the Air Quality Management District to reclassify two Specialist-Air Pollution Control (salary range 1174) to Specialist-Air Pollution Control III/Engineer Inspector (salary range 1221), reclassify one Office Assistant II (salary range 1057) to Principal Clerk (salary range 1110), and end out-of-class assignment, and retitle one Secretary I (salary range 1110) to Principal Clerk (salary range 1110) (total cost for fiscal year 1996-97 of $16,088/District budget) - action requested - WAIVE READING OF THE ORDINANCE. 26. Introduction of a salary ordinance amendment implementing an organizational review for the Public Health Department which realigns the position of Assistant Director-Public Health Administration from salary range 1262 to 1309 (total cost for fiscal year 1996-97 of $7,605/Department budget) - action requested - WAIVE READING OF THE ORDINANCE. 27. Resolution Proclaiming November, 1996 as Family Literacy Month - action requested - ADOPT RESOLUTION 96-122 AND AUTHORIZE THE CHAIR TO SIGN. 28. Resolution Declaring It Illegal to Make a U-Turn on Durham Dayton Highway Between the Intersections of the State Highway 99 Southbound Off Ramp and Oroville Chico Highway - action requested - ADOPT RESOLUTION 96-123 AND AUTHORIZE THE CHAIR TO SIGN. 29. Notice of completion for Durnel Drive from Grainland Road to 1.45 miles south, County project no. 32253-96-1, contract no. X10350 - 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 RECORDING OF THE NOTICE OF COMPLETION. 30. Assignment of counsel - County Counsel proposes the assignment of Duff-Smith v. County of Butte to the law firm of Price, Brown & Halsey - action requested- APPROVE ASSIGNMENT OF COUNSEL. (FROM 10-22-96) Page 326 November 12, 1996 November 12, 1996 96-301 31. Assignment of counsel - County Counsel proposes the assignment of: Department of Toxic Substance v. City of Chico, County of Butte, et al., Epis v. County of Butte, Gresham v. Hidalgo, Grey, County of Butte, et al., Howard v. City of Chico, County of Butte, et al., Myers v. County of Butte, Bolton v. County of Butte, Hoen v. Grey, Edwards v. Butte County Mental Health, Furr v. County of Butte, Perkins v. County of Butte, and Jones v. Wood (consent decree) to Gregory P. Einhorn, Esq. - action requested - APPROVE ASSIGNMENT OF COUNSEL. (FROM 10-22-96) 32. Assignment of counsel - County Counsel proposes the assignment of Beehler v. County of Butte to the law firm of Craig & Shepherd - action requested - APPROVE ASSIGNMENT OF COUNSEL. 33. Pacific Bell/State of California/County of Butte - prepayment of telephone services and acquisition of data communications equipment - addendum no. 251 to Exhibit 23 has been prepared to the master agreement for non-tariffed services and equipment which provides for prepaying five years of Centrex station lines in the amount of $1,459,135.90. Also included as part of this item is the acquisition of data communications equipment as recommended by California State University, Chico as part of networking County computers. The telephone prepayment and acquisition of data communications equipment are to be financed by a loan from the Workers' Compensation Insurance Reserve Fund and/or General Liability Insurance Reserve Fund in an amount up to $1,800,000 - action requested: A. APPROVE ADDENDUM TO MASTER AGREEMENT; B. APPROVE ACQUISITION OF DATA COMMUNICATIONS EQUIPMENT; AND C. ADOPT RESQLUTION 96-124 AUTHORIZING A LOAN FOR THE PURPOSE OF PROVIDING CENTREX TELEPHONE SERVICES AND ACQUIRING COMMUNICATIONS EQUIPMENT AND AUTHORIZE THE CHAIR TO SIGN. (CONTRACT NO. X10391) Page 327 November 12, 1996 November 12, 1996 96-301 34. Octel Communications Corporation - voice mail maintenance agreement - an agreement has been prepared with Octel Communications Corporation covering maintenance on the voice mail system. The agreement covers the period September 1, 1996 through August 31, 2000 and is in the amount of $17,730 per year (Internal Service Fund [ISF].) The agreement contains an addendum that provides for an annual nonfunding termination - action requested - APPROVE AGREEMENT AND ADDENDUM AND AUTHORIZE THE CHAIR TO SIGN. (CONTRACT NO. X10396) 35. Glenn County/County of Butte - Glenn County Health Services wishes to continue contracting with Butte County Alcohol, Drug, and Mental Health Services (BCADMH) to provide "Acute Psychiatric Inpatient" care to residents of Glenn County referred to Butte County for service by Glenn County Health Services. The term of the agreement is July 1, 1996 through June 30, 1997 in the maximum amount of $76, 000 - action requested- APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. 36. Carol Kenyon's Adult Residential Board and Care Home - proposed is an agreement for the provision of enhanced Level Two board and care services for patients of Butte County upon referral from the Director of Butte County Alcohol, Drug, Mental Health Services {BCADMHS), or his designee. The term of the agreement is September 15, 1996 through June 30, 1997, in the maximum amount of $10,283.17 (Realignment) - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR- CONTROLLER. (CONTRACT N0. X10393) 37. Matson and Isom Accountancy Corporation - Butte County Alcohol, Drug, Mental Health Services wishes to continue contracting with Matson and Isom Accountancy Corporation in providing assistance in developing and implementing systems of fiscal management and reporting. The term of the agreement is July 1, 1996 through June 30, 199?, in the maximum amount of $19,950 (Realignment) - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (CONTRACT NO. X10390) Page 328 November 12, 1996 November 12, 1996 96-301 38. Tehama Recovery Center (TRC), Inc. - proposed is an amendment to the agreement with TRC, a State licensed alcohol and drug free residential treatment program providing closely supervised and intensive recovery services to adults 18 years of age and up for County residents referred by Alcohol, Drug and Mental Health Services, Adult Services Division. The proposed amendment is being made to reduce the regular daily residential rate from $49 to $40 for the initial six month contract, in anticipation of the County's intent to contract for the full fiscal year at a rate equivalent to the fiscal year 1994-95 funding level. The term, and maximum amount of the agreement, remain unchanged - action requested - APPROVE AMENDMENT TO AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR- CONTROLLER. (CONTRACT NO. X10378) 39. BeneSphere Administrators, Inc. - Internal Revenue Code Section 125 Flexible Spending Program - proposed is an agreement for a new Flexible Benefits Spending Program Administrator of the County's cafeteria plan commencing January 1, 1997 through December 31, 1997. The implementation fee for the Flexible Spending Program is $10,750 (budgeted funds/all County departments) - action requested - APPROVE AGREEMENT AND AUTHORIZE THE DIRECTOR-PERSONNEL TO SIGN ON BEHALF OF THE COUNTY, AND DIRECT THE AUDITOR-CONTROLLER TO INITIATE IMMEDIATE PAYMENT OF THE ADMINISTRATIVE IMPLEMENTATION FEE. 40. Northern Valley Indian Health, Inc. - proposed is an agreement wherein the County subcontracts with Northern Valley Indian Health, Inc. (NVIH) for the provision of nutrition education and food vouchers to mothers and children eligible for the Women, Infants and Children (WIC) Program. Under the terms of this agreement, a maximum of $19,197 (100$ State) will be available to NVIH to provide WIC services to their patients during the period October 1, 1996 to September 30, 1997 - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (CONTRACT N0. X10383) Page 329 November 12, 1996 November 12, 1996 96-301 41. The Regents of the University of California - the County participates with 50 other local jurisdictions in the Automated Vital Statistics System (AVSS.) The University of California at Santa Barbara provides the technical assistance needed to maintain and update the system. The agreement, commencing July 1, 1996 through June 30, 1997, is in the maximum amount of $2,625 (Vital Records Improvement Program Surcharge) - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (CONTRACT NO. X10377) 42. Butte County Air Quality Management District/County of Butte - at the July 18, 1996 Board meeting of the Butte County Air Quality Management District (AQMD), funding for selected Department of Motor Vehicles (DMV) Registration Surcharge Fee Grant Program project requests were approved. The County's Public Works Department received funding approval for 1) $75,000 to fund the paving of 1.45 miles of Durnel Drive (contract no. X05238); 2) $58,000 to fund the paving of 1.0 mile of Bald Rock Road (contract no. X05239); and 3) $10,000 to fund a Countywide Public Transit Project ($5,000 additional depending on available AQMD funding) (contract no. X05240) - action requested - APPROVE AGREEMENTS AND AUTHORIZE THE DIRECTOR-PUBLIC WORKS TO SIGN ON BEHALF OF THE COUNTY. 43. Neal Road Landfill - interim cover installation - the Corrective Action Plan for the Neal Road Landfill identifies the necessity for each winter to install an interim impervious cover material over portions of the landfill to reduce the infiltration of rainfall into the waste disposal area and resultant generation of leachate. The landfill's engineer 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 LETTER PROPOSAL AND AUTHORIZE PUBLIC WORKS TO DIRECT THE NEAL ROAD LANDFILL COMPANY TO PROCEED WITH THE WORK OF REINSTALLING THE INTERIM LANDFILL COVER AT A COST NOT TO EXCEED $62,600 (NEAL ROAD LANDFILL MANAGEMENT FUND.) (CONTRACT N0. X10392) Page 330 November 12, 1996 November 12, 1996 96-301 44. James A. Wyse, Inc. - Public Works requested and received three proposals to provide construction quality assurance (CQA) services for the Phase II construction of Septage Pond No. 2 at the Neal Road Landfill. The services are required to insure compliance with Federal regulations pertaining to installation of the pond impermeable liner system - action requested - APPROVE LETTER PROPOSAL AND AUTHORIZE PUBLIC WORKS TO CONTRACT WITH JAMES A. WYSE, INC. AT A COST NOT TO EXCEED $14,145 WITHOUT PRIOR APPROVAL (NEAL ROAD LANDFILL SEPTAGE FUND.) (CONTRACT N0. X10354) 45. ATC/Vancom - amendment no. 2 of agreement for management and operation of Butte County Transit - Section 6.2 of the original agreement for management and operation of Butte County Transit needs clarification as to what insurances the contractor is responsible for providing and what insurance coverage the County must provide - action requested - APPROVE AMENDMENT N0. 2 TO AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (CONTRACT N0. X10283) 46. ATC/Vancom - amendment no. 1 of agreement for management and operation of Oroville Area Transit - Section 6.2 of the original agreement for management and operation of Oroville Area Transit needs clarification as to what insurances the contractor is responsible for providing and what insurance coverage the County must provide - action requested - APPROVE AMENDMENT N0. 1 TO AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. 47. Grand Jury comments - State law requires a governing body of a public agency to comment to the presiding judge of the Superior Court on findings and recommendations pertaining to matters under its control. The Chief Administrative Officer submits department comments, comments from the Chief Administrative Officer, and draft comments by the Board of Supervisors - action requested - REVIEW DRAFT COMMENTS, ADOPT FINAL COMMENTS, AND FORWARD TO THE PRESIDING JUDGE OF THE BUTTE COUNTY SUPERIOR COURT. Page 331 November 12, 1996 November 12, 1996 96-301 48. 1996 Board of Supervisors meeting dates calendar - action requested - RESCHEDULE THE DECEMBER MEETING DATES TO TUESDAY, DECEMBER 10, 1996 AND TUESDAY, DECEMBER 17, 1996 (VACATING THE MEETING OF TUESDAY, DECEMBER 24, 1996.) 49. 1997 Board of Supervisors tentative meeting dates calendar - action requested - APPROVE 1997 BOARD MEETING CALENDAR. 50. General Plan Update Hearing Process - at its meeting of October 1, 1996, the Butte County Water Commission voted unanimously to forward to the Board of Supervisors recommended draft water language for inclusion in the County's General Plan update hearing process - action requested - ACCEPT INFORMATION AND DIRECT THE DIRECTOR-DEVELOPMENT SERVICES TO INCORPORATE THE RECOMMENDED DRAFT WATER LANGUAGE IN THE GENERAL PLAN UPDATE HEARING PROCESS. 51. Solutions, Chico - Solutions is currently certified by the State Department of Alcohol and Drug Programs to deliver a First Offender Drinking Driver Program in Butte County. Due to a change in ownership, Solutions must resubmit its application for certification - action requested - APPROVE SOLUTIONS' APPLICATION TO PROVIDE DRINKING DRIVER PROGRAM SERVICES; AND RECOMMEND SOLUTIONS TO THE STATE DEPARTMENT OF ALCOHOL AND DRUG PROGRAMS FOR CERTIFICATION. 52. Conflict of Interest Code - the Oroville Mosquito Abatement District has submitted to the Board of Supervisors, for approval by its code reviewing body pursuant to Government Code Section 87303, its amended Conflict of Interest Code (approved by the District's Board of Trustees at its meeting of August 28, 1996) to designate the Clerk of the Board of Supervisors as the "Place of Filing." County Counsel has reviewed and approved the amended code - action requested - APPROVE AMENDMENT TO CONFLICT OF INTEREST CODE AS SUBMITTED. Page 332 November 12, 1996 November 12, 1996 96-301 MOTION: I MOVE TO APPROVE THE CONSENT AGENDA WITH CORRECTION OF ITEM 3.45 (ON THE LAST LINE OF THE ACTION REQUESTED, CHANGE THE WORD MANAGEMENT TO SEPTAGE), AND REMOVAL OF ITEM 3.22. S M VOTE: l Y 2 Y 3 Y 4 Y 5 NP (Unanimously Carried) Regular Agenda 96-302 Appointments - commissions and committees. A. Appointments to committee vacancies. MOTION: I MOVE TO APPOINT GEORGE SUHRIE TO A TERM TO EXPIRE NOVEMBER 27, 1998 AND SUE SEROPIAN TO A TERM TO EXPIRE NOVEMBER 24, 2000 ON THE LIME SADDLE COMMUNITY SERVICES DISTRICT. S M VOTE: l Y 2 Y 3 Y 4 Y 5 NP (Unanimously Carried) B. City of Chico Farmland Mitigation Ordinance - working committee for refining recommendations - action requested - APPOINTMENT OF TWO SUPERVISORS AND ONE COUNTY PLANNING COMMISSIONER. MOTION: I MOVE TO APPOINT SUPERVISORS McLAUGHLIN AND DOLAN, COUNTY PLANNING COMMISSIONER CHUCK NELSON, AND COUNTY ASSESSOR KEN REIMERS TO THE CITY OF CHICO FARMLAND MITIGATION ORDINANCE WORKING COMMITTEE. S M VOTE: l Y 2 Y 3 Y 4 Y 5 NP (Unanimously Carried) 96-303 Fire Department Medal of Valor Winners - recognition of Fire Station 74 (Gridley) Captain Michael A. Carr and Firefighter Flint F. Oliver, recently awarded the Medal of Valor by Governor Pete Wilson for a rescue performed during the floods of January, 1995. (INTRODUCTION BY DIVISION CHIEF BILL HOLMES, OF CAPTAIN MICHAEL A. CARR AND FIREFIGHTER FLINT F. OLIVER. ED MCLAUGHLIN, CHAIR, ON BEHALF OF THE BOARD AND THE COUNTY OF BUTTE, EXTENDED BOARD RECOGNITION AND APPRECIATION FOR THE HONORED MEDAL, OF VALOR WINNERS AND ALL MEMBERS OF THE COUNTY'S FIRE DEPARTMENT) Page 333 November 12, 1996 November 12, 1996 96-304 Consideration of Board approval, pursuant to Butte County Code, for the expenses associated with attendance at the California State Association of Counties (CSAC) Annual Meeting and New Supervisors Institute for Supervisor- Elect Fred Davis, and Supervisors-Elect Bob Beeler and Curt Josiassen, should they desire to attend. (362) MOTION: I MOVE, PURSUANT TO GOVERNMENT CODE SECTION 59954.2(b)(2), THAT THERE IS A NEED TO TAKE IMMEDIATE ACTION AND THAT THE NEED FOR ACTION CAME TO THE ATTENTION OF THE BOARD SUBSEQUENT TO THE AGENDA BEING POSTED AS SPECIFIED IN GOVERNMENT CODE SECTION 54954.2(a). S M VOTE: l Y 2 Y 3 Y 4 Y 5 NP (Unanimously Carried) MOTION: I MOVE TO APPROVE THE EXPENDITURE OF COUNTY FUNDS FOR SUPERVISOR-ELECT DAVIS, AND SUPERVISORS-ELECT BEELER AND JOSIASSEN SHOULD THEY DESIRE TO, TO ATTEND THE CALIFORNIA ASSOCIATION OF COUNTIES (CSAC) ANNUAL MEETING AND NEW SUPERVISORS INSTITUTE. S M VOTE: l Y 2 Y 3 Y 4 Y 5 NP (Unanimously Carried) 96-305 Sheriff's Patrol Vehicles - Sole Source Purchase - Board authorization is requested to purchase 20 patrol vehicles from Fred Jones Ford of Oklahoma City, OK. The vehicles are 1996 Ford Crown Victoria police interceptor vehicles at a cost of $21,842 each, plus sales tax and purchase/installation of emergency equipment and containment modules at $2,568 per unit - action requested - AUTHORIZE SOLE SOURCE PURCHASE OF PATROL VEHICLES AND EQUIPMENT AS REQUESTED. MOTION: I MOVE, PURSUANT TO GOVERNMENT CODE SECTION 54954.2 (b) (2) , THAT THERE IS A NEED TO TAKE IMMEDIATE ACTION AND THAT THE NEED FOR ACTION CAME TO THE ATTENTION OF THE BOARD SUBSEQUENT TO THE AGENDA BEING POSTED AS SPECIFIED IN GOVERNMENT CODE SECTION 54954.2(a). S M VOTE: l Y 2 Y 3 Y 4 Y 5 NP (Unanimously Carried} MOTION: Z MOVE TO AUTHORIZE SOLE SOURCE PURCHASE OF PATROL VEHICLES AND EQUIPMENT AS REQUESTED. S M VOTE: l Y 2 Y 3 Y 4 Y 5 NP (Unanimously Carried) Page 334 November 12, 1996 November 12, 1996 96-306 Data Processing - a Data Processing Needs Assessment has been conducted by California State University, Chico, The Data Processing Steering Committee and the Administrative Office to provide recommendations regarding Information Services Management for the County in lieu of facilities management services provided by SCT. Recommended is the formation of an Information Services Department and an Information Services Policy Committee (ISPC) - action requested - ADOPT PROPOSAL TO REORGANIZE BUTTE COUNTY DATA PROCESSING FUNCTIONS PER ATTACHED (DATED NOVEMBER 6, 1996); AND DIRECT ADMINISTRATION, THE STEERING COMMITTEE AND PERSONNEL TO PROCEED WITH IMPLEMENTATION. (545) MOTION: I MOVE TO ADOPT PROPOSAL TO REORGANIZE BUTTE COUNTY DATA PROCESSING FUNCTIONS PURSUANT TO THE PROPOSAL DATED NOVEMBER 6, 1996; AND DIRECT ADMINISTRATION, THE STEERING COMMITTEE AND PERSONNEL TO PROCEED WITH IMPLEMENTATION. M S VOTE: 1 Y 2 Y 3 Y 4 Y 5 NP (Unanimously Carried) 96-307 Update on Sacramento legislative and budget activities. (1513) (JOHN S. BLACKLOCK, CHIEF ADMINISTRATIVE OFFICER, REPORTED THAT A COMMITTEE HAS BEEN FORMED TO DEVELOP AN IMPLEMENTATION PLAN FOR MEASURE G, WHICH DEALS WITH GROUND WATER IN BUTTE COUNTY (ADMINISTRATION, COUNTY COUNSEL, AGRICULTURAL COMMISSIONER, PUBLIC HEALTH, AUDITOR-CONTROLLER AND BUTTE COUNTY WATER COMMISSION), AND FORMATION OF A COMMITTEE TO DEVELOP AN IMPLEMENTATION PLAN FOR PROPOSITION 218 (ADMINISTRATION, COUNTY COUNSEL, LOCAL AGENCY FORMATION COMMISSION [LAFCo], AND PUBLIC WORKS) APPROVED BY THE VOTERS AT THE NOVEMBER 6, 1996 ELECTION. 96-308 Items removed from the Consent Agenda for Board consideration and action. 1. Town of Paradise - proposed is a property tax exchange agreement for the for the York Bourgeois Territory annexation to the Town of Paradise (LAFCo 96-25) - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (NO ACTION TAKEN) Page 335 November 12, 1996 .- November 12, 1996 Public Hearings and Timed Items 96-309 Continued hearing - 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, AND LAND CONSERVATION ACT FINDINGS A-F, STAFF RECOMMENDS ADOPTION OF A NEGATIVE DECLARATION AND TENTATIVE APPROVAL OF THE LAND CONSERVATION ACT CANCELLATION FOR APN 031- 030-029 AND 031-060-001, SUBJECT TO PAYMENT OF $39,187 IN CANCELLATION FEES PURSUANT TO GOVERNMENT CODE SECTION 51283. (FROM 10-8-96) (1704) {BOARD DIRECTION TO STAFF TO PURSUE THE AVAILABILITY OF TRAINING FOR MEMBERS OF THE LAND CONSERVATION ACT COMMITTEE ON THE IMPORTANCE/PURPOSE OF THE WILLIAMSON ACT) MOTION: I MOVE, SUBJECT TO ENVIRONMENTAL FINDINGS A-C, AND LAND CONSERVATION ACT FINDINGS A-F, TO ADOPT A NEGATIVE DECLARATION AND TENTATIVE APPROVAL OF THE LAND CONSERVATION ACT CANCELLATION FOR APN 031-030-029 AND 031-060- 001, SUBJECT TO PAYMENT OF $39,187 IN CANCELLATION FEES PURSUANT TO GOVERNMENT CODE SECTION 51283. S M VOTE: l Y 2 Y 3 Y 4 Y 5 NP (Unanimously Carried) Page 336 November 12, 1996 November 12, 1996 96-310 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. Lurline Medford, Thermalito - problems with the County`s Building/Planning Divisions following their installation of a "portable" recreational vehicle cover on their property. (BOARD DIRECTION TO COUNTY COUNSEL TO CALL A STAFF MEETING OF ALL CONCERNED PARTIES) 2. Gifford Massey, Executive Director, Butte County Employees Association (BCEA) - requested that the Board direct the Chief Probation Officer to cease her direction to staff regarding over time/split shifts and an arming policy of Probation Officers without negotiation pursuant to the current Memorandum of Understanding. 3. John Wardell, President, Butte County Management Employees Association (BCMEA) - addressed the Board with concerns that some employees within the Probation Department have regarding their change in work hours, and requested that the Board impose a stay in the implementation of any changes in the work schedules that have been requested of department employees, which are in direct violation of the current BCMEA memorandum of understanding. Page 337 November 12, 1996 November 12, 1996 96-311 CLOSED SESSION: The Board recessed at 10:32 a.m. to a closed session conference with legal counsel for actual litigation pursuant to Government Code Section 54956.9 (a) (Carby v. County of Butte, and Bolton v. City of Oroville, County of Butte, etc.), a closed session conference with legal counsel for significant exposure to litigation pursuant to Government Code Section 54956.9(b)(1) (One Potential Case), a public employee appointment pursuant to Government Code Section 54957 (Title: Director-Development Services), and public employee performance evaluations pursuant to Government Code Section 54957 (Titles: Director-Public Health, Director- Libraries, Director-Personnel, and Director-Public Works.) (2909) RECONVENE: The Board reconvened at 1:15 p.m. following a closed session conference with legal counsel for actual litigation pursuant to Government Code Section 54956.9(a} (Carby v. County of Butte, and Bolton v. City of Oroville, County of Butte, etc.), a closed session conference with legal counsel for significant exposure to litigation pursuant to Government Code Section 54956.9(b)(1) (One Potential Case), a public employee appointment pursuant to Government Code Section 54957 (Title: Director- Development Services), and public employee performance evaluations pursuant to Government Code Section 54957 (Titles: Director-Public Health, Director- Libraries, Director-Personnel, and Director-Public Works.) (NO ANNOUNCEMENTS) Page 338 November 12, 1996 November 12, 1996 Communications 96-312 Communications received and referred. (COPIES OF ALL COMMUNICATIONS ARE AVAILABLE IN THE CLERK OF THE BOARD OFFICE.) A. Mathew and Cynthia Sterling, Paradise - write a letter due to a concern about a rehabilitation program sponsored by the State prison system that would enable inmates to relocate to rural areas such as those in Butte County. (REFER TO CHIEF PROBATION OFFICER, DIRECTOR-DEVELOPMENT SERVICES AND DIRECTOR-MENTAL HEALTH) B. Charles M. Schultz, Area Manager, U.S. Department of the Interior, Bureau of Land Management (BLM) - writes to give advance notice of a proposed exchange that the BLM is contemplating. The proposal would include disposal of about 777 acres of public land in Butte County, and acquisition of around 900 acres. The lands offered for acquisition by BLM are owned by Sierra Pacific Industries, who is the exchange proponent. (REFER TO SUPERVISOR THOMAS AND DIRECTOR-DEVELOPMENT SERVICES) C. Kathy Lazzareschi, Oroville - submits an agenda request item asking that the Board of Supervisors 1) adopt AB 1314, an act to add straw bale construction to the local Health and Safety Code as it relates to buildings; and 2) issue a variance so that she may live in a post and beam straw bale structure. (REFER TO DIRECTOR- DEVELOPMENT SERVICES) ADJOURNMENT: ATTEST: JOHN S. BLACKLOCK, Chief Administrative Officer and Clerk of the Board of Supervisors B y : err ~ ~ Page 339 November 12, 1996 There being no further business before the Board, the meeting was adjourned at 1:15 p.m. to reconvene on Tuesday, November 26, 1996 at 9:00 a.m.