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HomeMy WebLinkAboutM111495MINUTES BOARD OF SUPERVISORS ED McLAUGHLIN, 4th District, Chair VIVIAN MEYER, 7st District JANE DOLAN, 2nd District MARY ANNE ROUX, 3rd District GORDON THOMAS, 5th District November 14, 1995 Call to order -Board of Supervisors room, County Administration Building, 25 County Center Drive, Oroville. Present: Supervisors V. Meyer, Dolan, Houk, Thomas and Chair McLaughlin. John S. Blacklock, Chief Administrative 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 -Acting Pastor Richard Skillin, Calvary Chapel, Oroville. 95-326 Items removed from the Consent Agenda for Board consideration and action. 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. (FROM 10-24-95) Consent Agenda 95-327 1. Approval of minutes -action requested -APPROVE MINUTES OF OCTOBER 24, 1995. 2. Budget transfers - action requested -APPROVE BUDGET TRANSFERS B-0l6 (GENERAL SERVICES), B-033 (FIRE), B-036 (SHERIFF/JAIL), 8- 039 (FIRE), B-040 (DISTRICT ATTORNEY, AND B-042 (PUBLIC WORKS). Page 321 November 14, 1995 November 14. 1995 95-327 3. Formation of County Service Area (CSA) No. 163 (Thorntree Industrial Park) -the Local Agency Formation Commission (LAFCo) has approved the formation of CSA No. 163 to provide the maintenance of storm drainage, fire protection and street lighting facilities within said area -action requested - ADOPT RESOLUTION 95-145 SETTING A PUBLIC HEARING FOR TUESDAY, JANUARY 9, 1996 AT 10:00 A.M. 4. County Library donations - in accordance with Government Code Section 25355, donations of $1,300 from Friends of the Library, Oroville; $1,110 from Chico Friends of the Library; and $119 from Cosmos Club, c/o Susan Murphy, Nelson have been received for the Butte County Trust Fund for the purchase of books -action requested -ACCEPT DONATIONS AND AUTHORIZE LETTERS OF APPRECIATION. County Library -the North State Cooperative Library System has purchased for the Butte County Library a plain paper FAX, Sharp Model FO 3350 at a cost of $1,219.43, and a 486 DX2 66 MHZ VLB computer system at a cost of $2,014.27 - action requested - ACCEPT DONATIONS AND AUTHORIZE LETTERS OF APPRECIATION. 6. Fire Department -Forest Ranch Volunteers (Company 24) desire to donate to the County a new King Handie Talkie radio, Model EPH S 1025 (serial no. 542011), purchased at a cost of $600 -action requested -ACCEPT DONATION AND AUTHORIZE LETTER OF APPRECIATION. 7. Agricultural Advisory Commission -action requested -REAPPOINT DONICA O'LAUGHLIN (DISTRICT 2) AND RICHARD CURTIS (DISTRICT 3) TO TERM5 TO EXPIRE DECEMBER 31, 1998. 8. Butte County Mosquito and Vector Control District -action requested - REAPPOINT BERNARD KNAPP TO A TERM TO EXPIRE DECEMBER 31, 1999. 9. Buzztail Convnunity Services District -action requested -APPOINT WII.,LIAM H. JOHNSON TO A TERM TO EXPIRE NOVEMBER 26, 1999, AND APPOINT GREGORY V. MELTON TO A TERM TO EXPIRE NOVEMBER 28, 1997. 10. Drainage District 200 -appointment of nominee where a declaration of candidacy form has not been filed for the November 7, 1995 election -action requested -APPOINT MILTON LaMALFA TO A TERM TO EXPIRE NOVEMBER 26, 1999. Page 322 November 14, 1995 November 14. 1995 95-327 11. Local Coordinating Council -the Council was formed by the Board of Supervisors on January 23, 1990 as a component of the Comprehensive Alcohol and Drug Prevention Education (CADPE} Program mandated by AB 1087. This is no longer a State mandate -action requested -DISBAND LOCAL COORDINATING COUNCII.. 12. Oroville Mosquito Abatement District -action requested -REAPPOINT HAROLD KROEGER AND FRANK WALBURN TO TERMS TO EXPIRE DECEMBER 31, 1997. 13. Richvale Sanitary District -appointment of nominees where a declaration of candidacy form has not been filed for the November 7, 1995 election -action requested -APPOINT GARY STONE, AUDREY STEPHENS AND GREG STEPHENS TO TERMS TO EXPIRE NOVEMBER 26, 1999 AND LANTZ STEADMAN TO A TERM TO EXPIRE NOVEMBER 28, 1997. 14. Final map -Chico Gardens Subdivision Unit 2 -the developer has provided a maintenance bond to guarantee maintenance of facilities for a period of one year beginting October I6, 1995 on AP 042-140-19, 17 lots, property located on the southerly side of Highway 32, east of the southerly projection of W. 8th Avenue, between Highway 32 and Sacramento Avenue, Chico area - action requested -APPROVE FINAL MAP; ACCEPT EASEMENTS AS GRANTED IN ITEMS 1 AND 2 OF THE OWNER'S STATEMENT ON BEHALF OF THE PUBLIC; ACCEPT GRANTS IN FEE SIl~fPLE OF THAT PORTION OF 8TH AVENUE AND THE ONE FOOT NO-ACCESS STRIP AS OFFERED IN ITEMS 3 AND 4 OF THE OWNER'S STATEMENT (NOTE THAT JETTA COURT OFFERED FOR DEDICATION IN FEE SII~LE IN ITEM 5 OF THE OWNER'S STATEMENT IS NOT ACCEPTED AT THIS TIIV1E); AND AUTHORIZE THE CHAIR TO SIGN THE SUBDMSION AGREEMENT. 15. County Service Area No. 23 (Pleasant Valley Drainage) -the Local Agency Fonmation Commission (LAFCo) has approved the annexation of 1.59 acres to the county service area to provide storm drainage maintenance pursuant to Government Code Section 25219.4 -action requested -ADOPT RESOLUTION 95-146 AND AUTHORIZE THE CHAIR TO SIGN. Page 323 November 14, 1995 November 14, 1995 95-327 16. Certificate of Williamson Act expiration (amended) -notice of nonrenewal has been given as provided in Government Code Section 51245 for Morns J. and Agnes Keeney, AP 038-160-021, 040-150-027, -035, -048, 040-200-083, 040-280-056, -076 and -077, and a Certificate of Williamson Act Expiration approved by the Board on November 19, 1991. It has come to the attention of the Clerk of the Board that the Certificate did not include a Land Conservation Agreement Correction entered into on June 26, 1978 and recorded in the official records of Butte County on July 25, 1978 in Book 2307, pages 238 through 242; document no. 48533 -action requested - APPROVE CERTIFICATE OF WII,LIAMSON ACT EXPIRATION AS AMENDED; AUTHORIZE CHAIR TO SIGN; AND AUTHORIZE FII.ING OF THE CERTIFICATE AS AMENDED. 17. Verna L. Huerta, David Huerta, Jr., and Tamera Huerta, Magalia - file a claim for unspecified damages against a public entity for alleged negligent care for, and treatment of, David Huerta on or about March and April of 1995 at or near Feather River Hospital -action requested -REJECT CLAIM AND REFER TO COUNTY COUNSEL AND RISK MANAGER. 18. County Clerk-Recorder -Board authorization is requested for the purchase a Minolta RP603Z reader-printer with universal carrier UC-2 in the maximum amount of $8,200 (Restricted funds) -action requested -APPROVE BUDGET TRANSFER B-044 AND PURCHASE OF FIXED ASSET ITEM. 19. Development Services -Building Inspection Division -bids have been received for the purchase of two compact pick-up trucks for the department with the low bidder being Lasher Auto Center of Woodland in the amount of $12,045.93 each, including sales tax and DMV document fees -action requested -AWARD BID. 20. District Attorney -the District Attorney's Criminal and Family Support Divisions have computer equipment which is no longer being used (Bull Honeywell mainframe system recently replaced by a new server, which was less costly than continued maintenance). Board authorization is requested to surplus the equipment and put it out to bid from prospective buyers in order to sell to the highest bidder and recoup a portion of the cost of the new equipment -action requested -AUTHORIZE THE DISTRICT TO SURPLUS COMPUTER EQUIPMENT IN ORDER TO PUT IT OUT TO BID AND SALE TO HIGHEST BIDDER. Page 324 November 14, 1995 November 14, 1995 95-327 21. Fire Department -Board authorization is requested for the purchase in the maximum amount of $965 (Department budget) of a smoke simulation machine used for training Fire Department personnel in simulated burning fires -action requested -APPROVE BUDGET TRANSFER B-043 AND PURCHASE OF FIXED ASSET ITEM. 22. General Services -the Print Shop has a Kodak Ektaprint Model 90E Accent spot color copier which is of no further need by the County -action requested -DECLARE THE COPIER SURPLUS TO THE NEEDS OF THE COUNTY AND AUTHORIZE THE PURCHASING OFFICE TO DISPOSE OF THE EQUIPMENT BY SEALED BID. 23. Butte County Courthouse Project -Contract Change Order (CCO) No. 4 (revised) - on September 12, 1995 the Board approved CCO No. 4 in the increasing amount of $113,841.90. The change order included the installation of three wheel chair lifts at a cost of $29,591.b7. The specifications and pricing of the lifts have not been completed and it is necessary to revise the change order -action requested -APPROVE REVISED CCO NO.4 AND AUTHORIZE THE GENERAL SERVICES DIRECTOR TO SIGN. 24. Butte County Courthouse Project -Contract Change Order (CCO) No. 9 -the change order extends the project completion date 60 days until September 2, 1996. The project policy committee and the architect recommend approval of the change order -action requested -APPROVE CCO NO. 9 AND AUTHORIZE THE GENERAL SERVICES DIRECTOR TO SIGN. 25. Butte County Courthouse Project - Kleinfelder, Inc. - a work authorization for additional soil testing services on the Butte County Courthouse Addition Project has been prepared in the amount of $4,450 -action requested - APPROVE WORK AUTHORIZATION AND AUTHORIZE THE GENERAL SERVICES DIRECTOR TO SIGN. 26. Personnel Department -Board authorization is requested to purchase two Intel 75 Mhz Pentium personal processors and one Hewlett Packard LaserJet 4 Plus printer in the maximum amount of $6,000 utilizing funds allocated to the department's fixed asset account for the purchase of a Scantron 8400 OMR scanner -action requested -AUTHORIZE PURCHASE OF FIXED ASSET ITEMS. Page 325 November 14, 1995 November 14, 1995 95-327 27. Award of bid 16-96 - Sheriff s Off ce vans -bid quotations have been received for the purchase of two 1996 cargo vans for the Sheriff s Office with the low bidder being Folsom Ford of Folsom in the amount of $20,920.87 each, including sales tax and document fees -action requested -AWARD BID. 28. Butte County Fair - 1996 proposed budget -Board approval is requested of the Fair's budget in the amount of $676,486. This budget stays within the revenue parameters, and reflects the level of projected reserve required - action requested -APPROVE BUDGET AND AUTHORIZE CHAIR TO SIGN. 29. Development ServicesJLAFCo - $5,000 has been received from the City of Chico to cover the cost of a contract with Planning Concepts for preparation and findings, conditions and analysis of the Northwest Chico Environmental Impact Report and Annexation and the Henshaw Avenue School Sphere Amendment and Annexation -action requested -APPROVE BUDGET TRANSFER B-034 ACCEPTING AND APPROPRIATING $5,000 IN UNANTICIPATED REVENUE TO LAFCo's EIR CONSULTANT ACCOUNT NO. 461.203. 30. Investments Information Report -the Treasurer-Tax Collector submits the October 31, 1995 report in accordance with the County's Statement of Investment Policy dated June 1, 1995 -action requested -ACCEPT FOR INFORMATION. 31. Introduction of a salary ordinance amendment -Probation Department Board of Control Grant (100% State funded) -the Personnel Department has completed a classification study on the Victim Claims Specialist position and recommends that the Board (1) eliminate the classification of Victim Claims Specialist (salary range 1108); (2) reallocate the full-time incumbent from Victim Claims Specialist to Auditor-Accountant I (existing job classification, salary range 1152); (3) reallocate the half-time incumbent from Victim Claims Specialist to Account Specialist (existing job classification, salary range 1102); and (3) reallocate an Office Assistant III (salary range 1077) to Legal Typist Clerk (salary range 1092) -action requested -WAIVE READING OF THE ORDINANCE. Page 326 November 14, 1995 November 14, 1995 95-327 32. Introduction of a salary ordinance amendment - Sheriff s Department -Board authorization is requested to amend the flat rate assignment for the position of Deputy Sheriff Trainee to step 2 of the salary ordinance retroactive to October 7, 1995 (due to an administrative oversight this position was not amended in the new salary schedule), and that the position of Correctional Officer Trainee be abolished as it has not been utilized since it was created - action requested -WAIVE READING OF THE ORDINANCE. 33. Resolution (replaces Resolution No. 91-89) authorizing signatures on Sewer Assessment District and Storm Drainage District Agreements, Chico Urban Area -due to staff changes, a revised signature authorization resolution is requested to process Chico Urban Area Nitrate Action Plan area agreements - action requested -ADOPT RESOLUTION 95-147 AND AUTHORIZE THE CHAIR TO SIGN. 34. Resolution in honor of the retirement of James P. Sweeney as Executive Director of Enlce Hospital -action requested -ADOPT RESOLUTION 95- 148 AND AUTHORIZE THE CHAIR TO SIGN. 35. Resolution in recognition of Tom Guarino, Chief Executive Officer of the Chico Chamber of Commerce, who has resigned to take a position as Chief Executive Officer of the San Leandro Chamber of Commerce -action requested -ADOPT RESOLUTION 95-149 AND AUTHORIZE THE CHAIR TO SIGN. 36. Resolution prohibiting stopping, standing or parking north side of West East Avenue, between Alamo Avenue and Cusick Avenue -action requested - ADOPT RESOLUTION 95-150 AND AUTHORIZE THE CHAIR TO SIGN. 37. Resolution declaring three-way stop intersection on East 23rd Street at Mulberry Street -action requested -ADOPT RESOLUTION 95-1 S 1 AND AUTHORIZE THE CHAIR TO SIGN. 3 8. Resolution declaring four-way stop intersection on Palermo Road at Palermo Honcut Highway and Upper Palermo Road -action requested -ADOPT RESOLUTION 95-152 AND AUTHORIZE THE CHAIR TO SIGN. 39. Notice of completion for reconstruction of Hamilton Nord Cana Highway, from Cana Highway to 1.0 mile north, County contract no. 57102-95-1 -all contract work has been completed in accordance with the plans and specifications - action requested - ACCEPT CONTRACT WORK; AUTHORIZE THE CHAIR TO SIGN THE NOTICE OF COMPLETION; AND AUTHORIZE FILING OF THE NOTICE OF COMPLETION. Page 327 November 14, 1995 November 14. 1995 95-327 40. Program Supplements No. 021, 022 and 023 to State-Local Transportation Partnership Program Agreement No. SLTPP-5912 -reimbursement of funds for qualified projects under State-Local Transportation Partnership Program requires execution of a Program Supplement to Master Agreement SLTPP- 5912. Program Supplements No. 021 (resurfacing of various County roads [I.arldn Road and Colusa Highway]), 022 (reconstruction of Palermo Honcut Highway [Alice Avenue to Palermo Road]), and 023 (signalize, light and widen the intersection of Midway and Hegan Lane} cover funding for reimbursement of participating share of construction costs -action requested - APPROVE PROGRAM SUPPLEMENTS NO. 021, 022 AND 023; ADOPT RESOLUTIONS 95-153, 95-154, AND 95-155, AND AUTHORIZE CHAIR TO SIGN. 41. State Department of Food and Agriculture -proposed is the fiscal year 1995- 96 pest detection/trapping contract (no. 95-004) in the maximum amount of $24,659. The State reimburses the County for the placing and servicing of traps for Medfly, Oriental Fruit Fly, Melon Fly, Gypsy Moth and Japanese Beetle -action requested -APPROVE CONTRACT AND AUTHORIZE THE CHAIR TO SIGN. 42. Vector Engineering, Inc. -amendment no. 3 -proposed is a one year extension (through December 1, 1996) to the agreement to provide mitigation monitoring services at Green Rock Quarries, Inc. Monitoring services are funded by the permit holder as a condition of their Use Permit -action requested - APPROVE AMENDMENT TO AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. 43. City of Oroville/County of Butte -proposed is a cooperative agreement wherein the Butte County Fire Department will provide fire and rescue dispatch services for the City of Oroville commencing January 1, 1996 and terminating December 30, 1998 at a cost to the City of $48,000 per year - action requested -APPROVE BUDGET TRANSFER B-037 ACCEPTING AND APPROPRIATING UNANTICIPATED REVENUE, AND APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. 44. EI Medio Fire Protection District -proposed is a cooperative agreement wherein the Butte County Fire Department will provide fire and rescue dispatch services for the El Medio Fire Protection District commencing January 1, 1996 and terminating December 30, 1998 at a cost to the District for fiscal year 1995-96 of $7,700, fiscal year 1996-97 of $11,500, and fiscal year 1997-98 of $12,100 -action requested -APPROVE BUDGET TRANSFER B-038 ACCEPTING AND APPROPRIATING UNANTICIPATED REVENUE, AND APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. Page 328 November 14, 1995 ~-~ .-~ November 14, 1995 95-327 4S. South County Fire and Rescue Management Agreement -Butte County Fire Department/City of Oroville/El Medio Fire Protection District -proposed is a coopen3tive agreement (commencing January 1, 1996) within the Oroville Sphere of Influence that consolidates and enhances the currently existing automatic aid agreement between the three jurisdictions -action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. 46. The Salvation Army, Chico Corps -emergency winter shelter - a letter of understanding has been prepared with The Salvation Army, Chico Corps for operation of an emergency winter shelter covering the period November 15, 1995 through March 1S, ]996 in the amount of $20,000 with funding coming from the State Department of Economic Opportunity granted through the California National Guard -action requested -APPROVE LETTER OF UNDERSTANDING AND AUTHORIZE THE CHAIR TO SIGN PENDING NOTICE OF FUNDING FROM THE STATE, SUBJECT TO APPROVAL OF COUNTY COUNSEL AND AUDITOR-CONTROLLER. 47. Butte County Department of Social Welfare (BCWD~Butte County Alcohol, Drug and Mental Health Department (BCADMH) - the proposed memorandum of understanding (MOU) sets forth the agreed upon tenets of the Family Preservation and Support Program in Chico, for which the BCADMH serves as lead agency. The three year MOU is for a maximum of $60,208 (fiscal year 1995-96, $11,690; fiscal year 1996-97, $23,416; fiscal year 1997-98, $25,102) -action requested -APPROVE BUDGET TRANSFER B-050 ACCEPTING AND APPROPRIATING UNANTICIPATED REVENUE, AND MEMORANDUM OF UNDERSTANDING AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND AUDITOR- CONTROLLER. 48. Butte County Schools -proposed is an agreement to provide 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 Butte County Mental Health and is an integral part of the treatment of seriously emotionally disturbed children. The term of the agreement is July 1, 1995 through June 30, 1996 with a maximum contract obligation of $243,244 (Realignment) -action requested -APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND AUDITOR-CONTROLLER. Page 329 November 14, 1995 November 14, 1995 95-327 49. Memorandums of Understanding - certain typographical errors or unintentional deletions or changes were made in the recently adopted memorandums of understanding for the various bargaining units. The necessary corrections have been made -action requested -AUTHORIZE THE CHAIR TO SIGN LETTERS TO EMPLOYEE ORGANIZATIONS (BUTTE COUNTY EMPLOYEES ASSOCIATION; BUTTE COUNTY MANAGEMENT EMPLOYEES ASSOCIATION; BUTTE COUNTY LAW ENFORCEMENT OFFICERS ASSOCIATION [GENERAL AND MANAGEMENT AND SUPERVISORY UNITS]) CONFIRMING TYPOGRAPHICAL CORRECTIONS TO EXECUTED LABOR CONTRACTS. 50. Private Industry Council -Job Training Partnership Act (JTPA) 8% funds/30% funded program -the proposed cooperative agreement for 1995 provides $115,000 (l00% State) through the Department of Education and $75,000 (JTPA funds) for activities for economically disadvantaged individuals with barriers to employment -action requested -APPROVE COOPERATIVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. 51. Private Industry Council -Job Training Partnership Act (JTPA) 8% funds/GAIN - 50% Program -the proposed cooperative agreement for 1995 provides $59,026 (100% State) through the Department of Education and $59,026 (JTPA funds) in support of goals set forth in the JTPA by enhancing literacy and life-long learning, school-to-work transition, and nontraditional employment programs for women - action requested - APPROVE COOPERATIVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. 52. 1995-96 Master Grant Agreement (95-22666) -proposed is amendment no. A1, which makes available an additional $40,000 in State funds for AIDS services in Butte County. The funds will be used to enhance education and prevention services and to implement the new HIV prevention community planning process. The additional funding for extra help, employee benefits, office expense and administrative overhead includes $5,400 for the purchase of a computer, TVNCR unit and computer scanner -action requested - APPROVE BUDGET TRANSFER B-035 ACCEPTING AND APPROPRIATING UNANTICIPATED REVENUE, AND AMENDMENT TO AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. Page 330 November 14, 1995 November 14. 1995 95-327 53. University of California, San Francisco -has awarded the Butte County Department of Public Health $7,500 to fund a special Cardiovascular Health Awareness and Promotion Project -action requested -APPROVE BUDGET TRANSFER B-049 ACCEPTING AND APPROPRIATING UNANTICIPATED REVENUE. 54. University of California, Santa Barbara -the County of Butte participates with 50 other local jurisdictions in the Automated Vital Statistics System (AVSS). The University provides the technical assistance needed to maintain and update the system. The term of the agreement is July 1, 1995 through June 30, 1996 in the maximum amount of $3,500 (Restricted) -action requested -APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. 55. 1995-96 Women, Infants and Children (WIC) agreement (no. 95-22867) -the proposed agreement contains additional funding beyond the amount anticipated in the 1995-96 Final Budget to cover the caseload increase (to 5,450 for the 1995-96 fiscal year) approved by the State. The additional funding will cover salaries, employee benefits, office expense and fixed assets of $6,572 (computer, printer, back-up system) -action requested - APPROVE BUDGET TRANSFER B-048, AND AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. 56. Air Quality Management District (AQMD} Grant -the District recently approved a grant of $30,000 to subsidize a pilot program enabling Butte County employees to ride the Butte County Transit at a discounted rate. The proposed program would allow County employees upon verification to purchase spettial employee tickets for $.20 per ticket (sold in lots often), and for the County to reimburse the program at the additional cost of $.50 per ticket including an additional five percent administrative charge in order to cover the cost for the program and printing of special County tickets -action requested -AUTHORIZE THE SALE OF REDUCED COUNTY TICKETS TO COUNTY EMPLOYEES, AND TO SUBSIDIZE THE ADDITIONAL COST INCLUDING A FIVE PERCENT CHARGE TO BE PAID BY THE AUDITOR TO THE APPROPRIATE FUNDS FROM THE $30,000 AQMD GRANT. 57. Martin and Kane, Inc. -proposed is an agreement for professional engineering services for the design and preparation of plans and specifications for construction of a new bridge on River Road at Big Chico Creek -action requested -APPROVE AGREEMENT FOR PROFESSIONAL SERVICES AT A FEE NOT TO EXCEED $63,979.11 (DEPARTMENT BUDGET) WITHOUT PRIOR PUBLIC WORKS APPROVAL AND AUTHORIZE THE CHAIR TO SIGN. Page 331 November 14, 1995 November 14, 1995 95-327 58. Megabyte Systems -proposed is an agreement for an upgrade for the current Property Information System to the Megabyte Integrated Property System (NIPS), which performs the functions of the existing property system in a clientiserver computer environment. The cost of the agreement is $125,000 (Restricted). The upgrade has been approved by the Data Processing Steering Conunittee -action requested -APPROVE BUDGET TRANSFER B-041 AND AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. 59. Shasta Cascade Wonderland Association -proposed is an agreement for tourism promotion for 1996-97 in the maximum amount of $16,000, and for 1996-97 in the maximum amount of $19,000 (Restricted/transit occupancy tax). The agreement contains a cancellation clause in the event of non- appropriation - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. 60. Health Officer -the completed proposal for the Public Health Officer position identifies a fiall-time position, appointed by the Board of Supervisors and compensated at the salary range of 1384 ($70,408-$85,566). Approval of this proposal will allow for the deletion of the Assistant Health Officer position from the Department of Public Health salary ordinance -action requested - APPROVE PROPOSAL FOR RECRUITMENT OF PUBLIC HEALTH OFFICER A. Introduction of a salary ordinance amendment implementing the salary for Health Officer at $70,408 - $85,566 annually, and eliminating the classification of Assistant Health Officer from the Management, Confidential, and Supervisory (MCS) Unit -action requested - WAIVE READING OF THE ORDINANCE. 61. Community Action Agency (CAA) -Board authorization is requested for a letter of support to be compiled with others from local jurisdictions as the Agency prepares for upcoming reviews by the Federal Department of Health and Human Services (HISS) regarding the Agency's efforts to correct deficiencies identified two years ago -action requested -APPROVE LETTER AND AUTHORIZE THE CHAIR TO SIGN. MOTION: I MOVE TO APPROVE THE CONSENT AGENDA WITH THE REMOVAL OF ITEM 3.42. M S VOTE: l Y 2 Y 3 Y 4 Y S Y (Unanimously Carried) Page 332 November 14, 1995 November 14, 1995 Re,~;ular A..genda 95-328 Presentation of Resolution No. 95-149 by Chair McLaughlin, on behalf of the Board, to Tom Guarino, Chief Executive Officer of the Chico Chamber of Commerce, who has resigned to take a position as Chief Executive Officer of the San Leandro Chamber of Commerce. 95-329 Appointments -commissions and committees. (330) A. Appointments to committee vacancies. (NONE) B. Disabled Access Board of Appeals -action requested -REAPPOINT STEVE HONEYCUTT (CONSTRUCTION MEMBER), TOM EDGAR (DISABLED MEMBER), BEA STAVELEY (PUBLIC MEMBER), ROCKY BURKS (PUBLIC MEMBER) AND HOWARD RIPLEY (DISABLED ALTERNATE MEMBER), AND APPOINT ONE DISABLED ALTERNATE POSITION AND ONE CONSTRUCTION MEMBER TO TERMS TO EXPIRE JANUARY 18, 1997. MOTION: I MOVE TO REAPPOINT STEVE HONEYCUTT (CONSTRUCTION MEMBER), TOM EDGAR (DISABLED MEMBER), BEA STAVELEY (PUBLIC MEMBER), ROCKY BURKS (PUBLIC MEMBER) AND HOWARD RIPLEY (DISABLED ALTERNATE MEMBER), AND APPOINT HOLLY VINSON (DISABLED ALTERNATE MEMBER), AND STEVE GII,MORE (CONSTRUCTION REPRESENTATIVE) TO TERMS TO EXPIRE JANUARY 18, 1997. S M VOTE: l Y 2 Y 3 Y 4 Y S Y (Unanimously Carried) C. Appointment of nominees where a declaration of candidacy has not been filed for the November 7, 1995 Uniform District Election Law (UDEL) election - action requested -MAKE APPOINTMENTS TO BERRY CREEK COMMUNITY SERVICES DISTRICT (ONE DIRECTOR, FOUR YEAR TERM, AND ONE DIRECTOR, TWO YEAR TERM). (NONE) 95-330 Children's Trust Fund - a fund raising program for tax deductible contributions to fund In-Home Parent Training, Parenting Classes, Crisis Intervention Services, and Parenting Telephone Help-Lines -action requested -APPROVE CONTINUATION OF THE FUND RAISING PROGRAM. (380} MOTION: I MOVE TO APPROVE CONTINUATION OF THE FUND RAISING PROGRAM. M S VOTE: l Y 2 Y 3 Y 4 Y S Y (Unanimously Carved) Page 333 November 14, 1995 November 14. 1995 95-331 Upper Ridge Sheriffs Substation expansion -architect services -Larry J. Warner, Architect, with the firm of PHL (Plan House Ltd.) Architecture + planning + Engineering of Chico has volunteered to design an expansion of the Upper Ridge Sheriff's Substation in Magalia at no cost to the County -action requested - APPROVE ARCHITECT SELECTION. (583) MOTION: I MOVE TO APPROVE THE ARCHITECT SELECTION OF LARRY J. WARNER FOR THE UPPER RIDGE SHERIFF' S SUBSTATION EXPANSION PROJECT. S M VOTE: l Y 2 Y 3 Y 4 Y S Y (Unanimously Carved) 95-332 Utility user tax ballot measure A. Introduction of an ordinance levying a utility user tax subject to voter approval at an election on March 26, 1996, and repealing current ordinance effective upon Board acceptance of the certified election results of the regularly scheduled Statewide Primary Election of March 26, 1996 -action requested -WAIVE READING OF THE ORDINANCE (NO ACTION TAKEN/CONTINUED TO BOARD MEETING OF NOVEMBER 28, 1995); AND B. Consideration of a resolution calling an election on March 26, 1996, for approval of the utility user tax -action requested -CONTINUE TO BOARD MEETING OF NOVEMBER 28, 1995. (725) (NO ACTION TAKEN/CONTINUED TO BOARD MEETING OF NOVEMBER 28, 1995) (REFER TO MINUTE ORDER 95-343) 95-333 Wrap-up to the First Half of the Legislative Session by Dale Wagerman. (2880) (* *00) (PRESENTATION BY DALE WAGERMAN) RECESS: 10:40 A.M. RECONVENE: 11:08 A_M. Public Hearings and Timed Items 95-334 Public hearing -Bill Blayloclc/Rar-dy Williams -consideration of an appeal of the Planning Commission's denial of a use permit (item on which a negative declaration with mitigation measures regarding environmental impacts has been recommended) to allow a private special use airport on property zoned A-40 (Agricultural - 40 acre parcels), property located on the south side of Tailwind Drive, approximately one mile west of Dayton Road, at 4139 Tailwind Drive, identified as AP 039-200-073, Chico. (718) Page 334 November 14, 1995 November 14, 1995 95-334 MOTION: I MOVE TO DENY THE APPEAL OF A USE PERMIT TO ALLOW A PRIVATE, SPECIAL USE AIRPORT ON AP 039-200- 073 (BII,L BLAYLOCK/RANDY WILLIAMS) BASED UPON THE FOLLOWING FINDINGS: SECTION 1: ENVIRONMENTAL FINDINGS. A. AN INITIAL STUDY WAS COMPLETED IN COMPLIANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT IDENTIFYING POTENTIALLY SIGNIFICANT ENVIRONMENTAL EFFECTS THAT THE PROJECT MAY HAVE.; SECTION 2: ZONING ORDINANCE FINDINGS. A. THE PROPOSED USE OF THE PROPERTY IS NOT CONSISTENT AND IN ACCORDANCE WITH THE CURRENTLY ADOPTED BUTTE COUNTY GENERAL PLAN AND ITS ELEMENTS, ESPECIALLY THE NEWLY ADOPTED AGRICULTURAL ELEMENT IN THAT IT VIOLATES ITS GOALS AND POLICIES SINCE THE AIRPORT WOULD BE USED FOR RECREATIONAL PURPOSES AND MAY POSE CONFLICTS WITH EXISTING AND PLANNED AGRICULTURAL ACTIVITIES ADJACENT AND IN THE NEIGHBORHOOD OF THIS PROPOSED USE. IN ADDITION, THE LOCATION OF A RECREATIONAL USE AIRPORT IN THE AGRICULTURAL AREA VIOLATES THE INTENT OF THE CHICO GREEN LINE FOR THE PROTECTION AND CONTINUATION OF AGRICULTURE.; B. THE PROPOSED USE OF THE PROPERTY WILL IIvIPAIR THE INTEGRITY AND CHARACTER OF THE ZONE IN WHICH THE LAND LIES IN THAT THE REQUIREMENT BY THE AIRPORT LAND USE COMMISSION FOR A COMPREHENSIVE LAND USE PLAN WILL PROVIDE PROTECTION FOR THE CONTINUATION OF THE AIRPORT TO THE POSSIBLE DETRIMENT OF THE EXISTING AND PLANNED AGRICULTURAL USES ADJACENT AND IN THE NEIGHBORHOOD OF THE PROPOSED USE.; Page 335 November 14, 1995 November 14, 1995 95-334 C. THE PROPOSED USE OF THE PROPERTY WOULD BE UNREASONABLY INCOMPATIBLE WITH, OR INJURIOUS TO, SURROUNDING PROPERTIES IN THAT APPROVAL OF A RECREATIONAL USE AIRPORT IN THE AGRICULTURAL AREA WOULD SET A PRECEDENT FOR FUTURE RECREATIONAL AIRPORTS AND CAUSE THE REMOVAL OF PRIlviE AGRICULTURAL LANDS FROM AGRICULTURAL PRODUCTION.; AND D. THE PROPOSED USE OF THE PROPERTY WOULD BE DETRIlvIENTAL TO THE HEALTH, WELFARE, AND SAFETY OF THE PERSONS RESIDING OR WORKING IN THE NEIGHBORHOOD OR TO THE GENERAL HEALTH, WELFARE, AND SAFETY OF THE COUNTY IN THAT THE AIRPORT LAND USE COMMISSION WILL REQUIRE THAT CLEAR ZONES AND OVERFLIGHT AREAS BE ESTABLISHED OVER EXISTING AND PLANNED AGRICULTURAL LANDS LIlVIITING THE USAGE OF THOSE PROPERTIES AND INCREASING CONCERN FOR PUBLIC HEALTH, SAFETY AND WELFARE FROM THE OVERFLIGHTS. S M VOTE: l Y 2 Y 3 Y 4 Y S Y (Unanimously Carried) Reguular Agenda 95-335 Adoption 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 October 10, 1995 -action requested -ADOPT ORDINANCE AND AUTHORIZE THE CHAIR TO SIGN. (FROM 10-24-95) (NO ACTION TAKEN/CONTINUED TO BOARD MEETING OF NOVEMBER 28, 1995) Introduction of an ordinance amending Chapter 23B of the Butte County Code, entitled "Water Wells" from the September 26, 1995 Board of Supervisors' meeting - action requested -WAIVE READING OF THE ORDINANCE. (1122) (FROM 10- 24-95) MOTION: I MOVE TO WAIVE READING OF THE ORDINANCE AMENDING CHAPTER 23B OF THE BUTTE COUNTY CODE, ENTITLED "WATER WELLS" FROM THE SEPTEMBER 26, 1995 BOARD OF SUPERVISORS' MEETING. M S VOTE: 1 N 2 Y 3 Y 4 N S Y (Motion Carried) Page 336 November 14, 1995 r- --~ November 14. 1995 95-335 (BOARD REFERRAL OF BOTH ORDINANCES TO THE BUTTE BASIN WATER USERS ASSOCIATION, BUTTE-BUTTER BASIN GROUNDWATER USERS ASSOCIATION, BUTTE COUNTY WATER COMMISSION, AND LEAGUE OF WOMEN VOTERS FOR BOARD DIRECTION ON WELL SPACING REQUIREMENTS) 95-336 Discussion of water transfer ordinance. (FROM 10-10-95) (2935) (***00) (BOARD DIRECTION TO: (1) TO INCLUDE AN APPEAL PROCESS TO THE BOARD OF SUPERVISORS; (2) REFER ORDINANCE TO BUTTE BASIN WATER USERS ASSOCIATION, BUTTE -$UTTER BASIN GROUNDWATER USERS ASSOCIATION, BUTTE COUNTY WATER COMMISSION, AND LEAGUE OF WOMEN VOTERS FOR REVIEW OF THE CONCEPT AND STRUCTURE OF THE ORDINANCE; AND (3) BRING THE PROPOSED ORDINANCE BACK TO THE BOARD FOR MONTHI.Y REVIEW) Public Hearings and Timed Items 95-337 Continued hearing -consideration ofthe 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 10-24-95) (483) (I-TEARING OPENED AND CONTINUED OPEN TO THE BOARD MEETING OF NOVEMBER 28, 1995 AT 10:15 A.M. Re,g~lar Agenda 95-338 Chico Urban Area Nitrate Action Plan -action requested -BOARD APPROVAL OF THE AMENDMENT TO THE CHICO URBAN AREA NITRATE ACTION PLAN TO: A. DELETE AREA "D" AS AN AREA COVERED BY THE NITRATE ACTION PLAN TO PROVIDE FOR REALLOCATION OF STAFF RESOURCES; AND B. ADD SECTION IV STANDARDS, SUBSECTION A, l.e TO ALLOW IMPLEMENTATION OF NITRATE REDUCTION TECHNOLOGY STUDIES. (500) Page 337 November 14, 1995 November 14. 1995 95-338 MOTION: I MOVE TO APPROVE THE AMENDMENT TO THE CHICO URBAN AREA NITRATE ACTION PLAN TO: A. DELETE AREA "D" AS AN AREA COVERED BY THE NITRATE ACTION PLAN TO PROVIDE FOR REALLOCATION OF STAFF RESOURCES; AND B. ADD SECTION IV STANDARDS, SUBSECTION A, l.e TO ALLOW IIvIPLEMENTATION OF NITRATE REDUCTION TECHNOLOGY STUDIES. M S VOTE: l Y 2 Y 3 Y 4 Y S Y (Unanimously Carried) 95-339 Consideration of a proposed four-way stop at The Esplanade and Nord Highway/Leora Court intersection -action requested: A. DIRECT THE DIRECTOR-PUBLIC WORKS TO MEET WITH REPRESENTATIVES FROM THE SHASTA SCHOOL AND CALIFORNIA HIGHWAY PATROL TO DISCUSS PEDESTRIAN/VEHICULAR SAFETY CONCERNS AT THE ESPLANADE/NORD HIGHWAY INTERSECTION; OR B. ADOPT RESOLUTION DECLARING FOUR-WAY STOP AT THE INTERSECTION OF THE ESPLANADE AT NORD HIGHWAY AND LEORA COURT AND AUTHORIZE THE CHAIR TO SIGN. {548) MOTION: I MOVE TO A DIRECT THE DIRECTOR-PUBLIC WORKS TO MEET WITH REPRESENTATIVES FROM THE SHASTA SCHOOL AND CALIFORNIA HIGHWAY PATROL TO DISCUSS PEDESTRIAN/VEHICULAR SAFETY CONCERNS AT THE ESPLANADE/NORD HIGHWAY INTERSECTION; AND B. ADOPT RESOLUTION 95-156 DECLARING FOUR-WAY STOP AT THE INTERSECTION OF THE ESPLANADE AT NORD HIGHWAY AND LEORA COURT AND AUTHORIZE THE CHAIR TO SIGN. (548) S M VOTE: l Y 2 Y 3 Y 4 Y S Y (Unanimously Carried) 95-340 Public Comment. (PRESENTATIONS WILL BE LIlVIITED TO FIVE MINUTES. THE BOARD OF SUPERVISORS IS PROHIBITED BY STATE LAW FROM TAKING ACTION ON ANY ITEM PRESENTED IF IT I$ NOT LISTED ON THE AGENDA.) Jane Davis, Biggs -implementation of AB 2239 on CalTrans desk while they decide fees and size of signs to be allowed in rural areas. She requested that Board members write CalTrans and Senator Leslie asking their support in getting the signage program going. Page 338 November 14, 1995 November 14. 1995 95-341 CLOSED SESSION: The Board recessed at 12:35 p.m. to reconvene in closed session at 1:45 p.m. for a closed session conference with legal counsel for actual litigation pursuant to Government Code Section 54956.9(a) (Young v. Anderson, et al.); potential litigation pursuant to Government Code Section 54956.9(c) (State Reclamation Board); and public employee performance evaluations pursuant to Government Code Section 54957 (Chief Administrative Officer and Director-Development Services.) RECONVENE: The Board reconvened 2:57 p.m. following a closed session conference with legal counsel for actual litigation pursuant to Government Code Section 54956.9(a) (Young v. Anderson, et al.); potential litigation pursuant to Government Code Section 54956.9(c) (State Reclamation Board); and public employee performance evaluations pursuant to Government Code Section 54957 (Chief Administrative Officer and Director-Development Services.) (NO ANNOUNCEMENTS) Re lgu ar Agenda 95-342 Items removed from the Consent Agenda for Board consideration and action. State Reclamation Board - floodplain management along the Sacramento River - it is proposed that the Courrty 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. (FROM 10-24-95) (700) MOTION: I MOVE TO APPROVE THE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. S M VOTE: l Y 2 Y 3 Y 4 Y S Y (Unanimously Carried) Page 339 November 14, 1995 November 14, 1995 95-343 Board of Supervisors' meeting calendar for December, 1995. (725) MOTION: I MOVE THAT THERE IS A NEED FOR Il~IIVIEDIATE ACTION WHICH CANNOT REASONABLY WAIT FOR THE NEXT REGULARLY SCHEDULED MEETING WHICH AROSE AFTER PREPARATION OF THE AGENDA. S M VOTE: l Y 2 Y 3 Y 4 Y S Y (Unanimously Carried) Board of Supervisors' meeting calendar for December, 1995. MOTION: I MOVE TO AMEND THE BOARD'S DECEMBER MEETING SCHEDULE TO THE 5TH AND 12TH. S M VOTE: l Y 2 Y 3 Y 4 Y S Y (Unanimously Carried) (BOARD DIRECTION THAT THE CLERK OF THE BOARD NOTIFY THE MEDIA, PUBLIC AND DEPARTMENTS THAT THE BOARD HAS AMENDED ITS MEETING SCHEDULE FOR DECEMBER. CONSIDERATION OF THE UTILITY USER TAX BALLOT MEASURE WILL APPEAR ON THE AGENDA FOR NOVEMBER 28TH, BUT IT IS THE BOARD'S INTENTION TO CONTINUE THE ITEM FOR ACTION UNTIL DECEMBER 5TH) 95-344 CLOSED SESSION: The Board recessed at 3:08 p.m. for a closed session conference with legal counsel for actual litigation pursuant to Government Code Section 54956.9(a) (Young v. Anderson, et al.); potential litigation pursuant to Government Code Section 54956.9(c) (State Reclamation Board); and public employee performance evaluations pursuant to Government Code Section 54957 (Chief Administrative Officer and Director-Development Services.) RECONVENE: The Board reconvened 4:00 p.m. following a closed session conference with legal counsel for actual litigation pursuant to Government Code Section 54956.9(a) (Young v. Anderson, et al.); potential litigation pursuant to Government Code Section 54956.9(c) (State Reclamation Board); and public employee performance evaluations pursuant to Government Code Section 54957 (Chief Administrative Officer and Director-Development Services.) (NO ANNOUNCEMENTS) Page 340 November 14, 1995 .-, November 14. 1995 Regular Agenda 95-345 Butte County Wirrter Homeless Program -agreement (no. 0297F) -the agreement in the maximum amount of $20,000, between the California IVfilitary Department and the County, for the operation of a homeless shelter. MOTION: I MOVE THAT THERE IS A NEED FOR IMI~~DIATE ACTION WHICH CANNOT REASONABLY WAIT FOR THE NEXT REGULARLY SCHEDULED MEETING WHICH AROSE AFTER PREPARATION OF THE AGENDA. S M VOTE: l Y 2 Y 3 Y 4 Y S Y (Unanimously Carried) MOTION: I MOVE TO APPROVE THE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. M S VOTE: l Y 2 Y 3 Y 4 Y S Y (Unanimously Carried) Communications 95-346 Communications received and referred. (COPIES OF ALL COMMUNICATIONS ARE AVAILABLE IN THE CLERK OF THE BOARD OFFICE.) A. Michael McGinnis, Mayor, City of Chico -writes on behalf of the Council to determine whether the Board would be willing to allow the City to include the unincorporated portion of the Chico Urban Area within an assessment district for the purpose of funding the maintenance of Bidwell Park and neighborhood and community parks. (REFER TO INTERGOVERNMENTAL COMMITTEE) B. Thomas J. Lando, City Manager, City of Chico -writes to request that the County consider modifying the stop signs on both Seventh and Eighth so that the Avenues are stopped and the stop signs on Oleander Avenue (one of the major bike routes in the Urban Area) are removed. (REFER TO DIRECTOR-PUBLIC WORKS) C. Senator Tim Leslie, First District -writes to the Board to make the County aware of the availability of application packets by the Resources Agency of California for the 1996-97 grant cycle of the Environmental Enhancement and Mitigation Program. (REFER TO DIRECTOR-DEVELOPMENT SERVICES AND DIRECTOR-PUBLIC WORKS) Page 341 November 14, 1995 November 14, 1995 95-346 D. DTAC, Water Diverters on the Feather River, Richvale - forward a report to the Board in response to a suggestion that has been made that the Butte County water districts actively participating in the Bay-Delta proceeds update the Board of Supervisors in connection with the proceedings, and look forward to an opportunity to present the report and answer the Board's questions formally at a Board of Supervisors' workshop at the Board's convenience. (REFER TO CHIEF ADNIINISTRATIVE OFFICER, COUNTY COUNSEL AND BUTTE COUNTY WATER COMNIISSION) ADJOURNMENT: There being no further business before the Board, the meeting was adjourned at 4:10 p.m. to reconvene on Tuesday, November 28, 1995 at 9:00 a.m. ATTEST: JOHN S. BLACKLOCK, Chief Administrative Officer and Clerk of the Bo of Supervisors By: ,~ Page 342 November 14, 1995 t3oard of Jupervisors