HomeMy WebLinkAboutM112895MINUTES
BOARD OF SUPERVISORS
ED McLAUGHLIN, 4th District, Chsir
VIVIAN MEYER, 1st District
JANE DOLAN, 2nd District
MARY ANNE HOUX, 3rd District
GORDON THOMAS, 5th District
November 28. 1995
Call to order -Board of Supervisors room, County Administration Building,
25 County Center Drive, Oroville. Present: Supervisors V. Meyer, Houx, Thomas
and Chair McLaughlin. Not Present: Supervisor Dolan. John S. Blacklock, Chief
Administrative Officer; Neil H. 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 -Pastor Ernie Ebersole, New Hope Fellowship, Chico.
Consent Agenda
95-347 1. Approval of minutes -action requested -APPROVE MINUTES OF
NOVEMBER 14, 1995.
2. Budget transfer -action requested - APPROVE BUDGET TRANSFER
B-056 (SHERIFF-CORONER).
H. B. Light -abandonment of a portion of an alley in Corona Terrace
Subdivision, property located between Sierra and Nevada Avenues, and
between 11th and 12th Streets, identified as AP 031-271-003 to -015, in the
Thermalito area of Oroville -action requested -ADOPT RESOLUTION 95-
157 SETTING A PUBLIC HEARING FOR TUESDAY, JANUARY 9,
1996 AT 10:15 A.M.
4. County Library donations - in accordance with Government Code Section
25355, donations of $2,100 from Chico Friends of the Library; $100 from
Margie and Jack Windsor, Chico; and $100 from Ivan V. Bennett, Annapolis,
MD have been received for the Butte County Trust Fund for the purchase of
books -action requested -ACCEPT DONATIONS AND AUTHORIZE
LETTERS OF APPRECIATION.
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November 28, 1995
November 28. 1995
95-347 5. Local Task Force for California Integrated Waste Management -action
requested -APPOINT JERRY MORANO.
6. County Clerk -Board authorization is requested for the purchase of a used
Canon PC 80 microfilm reader/printer with the 380R film carriage and
conversion of 600 film cartridges to open reel ($4,950/Restricted Fund) for
the Clerk's Office in order to provide the public with conformed copies of old
court orders. Copying of court records is currently done by utilizing
equipment in the Recorder's Office during closed "non-public hours" -action
requested -APPROVE BUDGET TRANSFER B-055 AND PURCHASE OF
FIXED ASSET ITEM.
7. Award of bid no. 28-96 -Public Works trucks with utility body -bids have
been opened for the purchase of two compact 4x4 pick-up trucks with utility
bodies and four one-ton cab and chassis 4x4 with utility body. The low bid
meeting specifications is Wittmeier Chevrolet/Geo of Chico in the amount of
$22,271.14 each for the compact pick-up trucks and $27,725.88 each for the
one-ton cab and chassis -action requested -AWARD BID TO WITTMEIER
CHEVROLET/GEO.
8. Resolution amending Resolution No. 93-13 -Petty Cash Revolving Fund - a
resolution has been prepared amending Resolution No. 93-13 increasing the
Petty Cash Revolving Fund from $5,000 to $10,000 because of the higher
number of purchases and inconveniences resulting from replenishing the fund -
action requested - ADOPT RESOLUTION 95-158 AND AUTHORIZE THE
CHAIR TO SIGN.
9. 1995-96 Transit/Transportation Claims - as required by the Transportation
Development Act, the Department of Public Works has prepared the 1995-96
Transit/Transportation Claims for SB 620 funds for public transportation
projects, and SB 325 funds for public transportation and streets and roads
projects. These funds are included in the approved fiscal year 1995-96
budget -action requested -APPROVE THE 1995-96 TRANSPORTATION
DEVELOPMENT ACT CLAIMS AND AUTHORIZE THE DIRECTOR-
PUBLIC WORKS TO SIGN.
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November 28, 1995
November 28, 1995
95-347 10. Adoption 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 (4) reallocate an Office Assistant III (salary range 1077) to Legal
Typist Clerk (salary range 1092) -action requested -ADOPT ORDINANCE
3223 AND AUTHORIZE THE CHAIR TO SIGN. (FROM 11-14-95)
11. Adoption 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 -ADOPT ORDINANCE 3224 AND AUTHORIZE THE
CHAIR TO SIGN. (FROM 11-14-95)
12. Adoption 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 -ADOPT ORDINANCE 3225 AND
AUTHORIZE THE CHAIR TO SIGN. (FROM 11-14-95)
13. Introduction of a salary ordinance amendment -Public Health Department and
Mental Health Department Classification Studies -the organizational studies
for the two departments involved expanded program responsibilities for the
Public Health Department's California Crippled Children's Services (CCS)
Program and the Mental Health Department's Medi-Cal Managed Care
Program due to the decentralization of State services to the County level
making the County independent of the State for program services. The
proposed ordinance encompasses not only these two programs, but also
serves the purpose of the multi-department classification studies entailing
requests through the fiscal budget process, resolves and closes nine
grievances, and the meet and confer process involving three bargaining units
for the 1994-97 contract period -action requested -WAIVE READING OF
THE ORDINANCE.
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November 28, 1995
November 28, 1995
95-347
14. Introduction of a salary ordinance amendment -the Personnel Department
recently completed a classification study for the Public Works Department to
address a pending request agreed upon during the meet and confer process
with the Butte County Management Employees Association for the 1994-97
contract period, and recommends realigning the position of Supervisor-Fleet
Services/Stores Operations from salary range 118b to salary range 1201, an
increase of 7-1/2%, to create a 12.5% differential, which is consistent with
other first line supervisor positions under the Road Maintenance Division.
The proposed ordinance, retroactive to October 7, 1995, resolves this aspect
of the outstanding grievance without going to arbitration. The total cost for
fiscal year 1995-96 is $2,138 (Department budget) -action requested -
WAIVE READING OF THE ORDINANCE.
15. Resolution Accepting Applicant Status from the Butte County Association of
Governments (BCAG) Under the Clean Air and Transportation Improvement
Act -the passage of Proposition 116, the Clean Air and Transportation
Improvement Act (CATIA), provides funding for certain capital projects with
regards to public transportation. Butte County is currently applying for
funding for the Jones Avenue Bike Lane in Durham. The proposed
resolution accepts the applicant status from BCAG along with the rights and
responsibilities to implement the projects -action requested -ADOPT
RESOLUTION 95-159 AND AUTHORIZE THE CHAIR TO SIGN.
16. Resolution Certifying Conformance with the Clean Air Transportation
Improvement Act (CATIA) Proposition 116 Non-Urban County Transit
Projects and Authorizing the Director-Public Works to Sign Pertinent
Documents - in order to submit an allocation request for the Proposition 116
funded Jones Avenue Bike Lane, the California Transportation Commission
(CTC) requires that the County of Butte submit a resolution certifying
compliance with Proposition 116 requirements and to also indicate who is
authorized to sign all documents for this project -action requested -ADOPT
RESOLUTION 95-160 AND AUTHORIZE THE CHAIR TO SIGN.
17. Resolution proclaiming December 1, 1995 World AIDS Day in Butte
County -action requested -ADOPT RESOLUTION 95-161 AND
AUTHORIZE THE CHAIR TO SIGN.
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November 28, 1995
November 28. 1995
95-347 18. Little Avenue Wiggins Subdivision, a subdivision in the City of Gridley, with
frontage and access off of Little Avenue, a County road) -interim corrective
measures -proposed as interim corrective measures to align the new and
existing traffic lanes is the removal of existing curb, gutter and sidewalk and
placement of aggregate base parking area by Public Works at an approximate
cost of $3,300 (Department budget). The issue of responsibility for the
interim corrective measure and reconstruction costs is to be determined by
the parties involved prior to reconstruction next spring -action requested -
APPROVE INTERIM CORRECTIVE MEASURES BY PUBLIC WORKS.
19. Enserch Gas Marketing, Inc. - gas sales agreement - a form of
agreement has been prepared for the pwchase of natural gas to County owned
and rented buildings for the period December 1, 1995 through November 30,
1996 -action requested -APPROVE AGREEMENT AND AUTHORIZE
THE CHAIR TO SIGN.
20. Glenn County -Glenn County Mental Health wishes to contract with Butte
County Mental Health and Alcohol, Drug Services to provide "Acute
Psychiatric Inpatient" care to residents of Glenn County who are referred to
Butte County for service. The term of the agreement is July 1, 1995 through
June 30, 1996, in the maximum amount of $76,000 (165 bed days at a rate of
$459.72/day/based upon actual bed day usage) -action requested -
APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN
SUBJECT TO APPROVAL OF COUNTY COUNSEL AND AUDITOR-
CONTROLLER.
21. Sacramento Service and Development Corporation -proposed is an
amendment to the contract for direct mail food stamp issuance extending the
contract for one year (January 1, 1996 to December 31, 1996). Sacramento
Service Development Corporation is the only such business in northern
California that has modified its data processing operations to accept direct
computer data transfer from ISAWS (Interim State Automated Welfare
System), to which the Department is currently converting. All other
provisions and conditions of the contract shall remain in force. Funding for
food stamp issuance was appropriated for fiscal year 1995-96 in Welfare,
Eligibility budget (50% Federal/35% State/15% County) -action requested -
APPROVE AMENDMENT TO AGREEMENT AND AUTHORIZE THE
CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL
AND AUDITOR-CONTROLLER
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November 28, 1995
November 28, 1995
95-347 22. Butte County Five Year Plan for Family Preservation and Support Planning
(FPSP) (100% Federal funding):
A. North Valley Catholic Social Services -the proposed contract, in the
maximum amounts of $10,000 for 1995-96; $15,100 for 1996-97; and
$1 b,187 for 1997-98, implements the FPSP services in Gridley;
B. North Valley Parent Education Network -the proposed contract, in
the maximum amourrts of $30,000 for 1995-96; $42,300 for 1996-97;
and $45,345 for 1997-98, implements the FPSP services in Oroville;
and
C. Youth for Change -the proposed contract, in the maximum amounts
of $30,000 for 1995-96; $42,300 for 1996-97; and $45,345 for 1997-
98, implements the FPSP services in Paradise -
Action requested -APPROVE CONTRACTS AND AUTHORIZE THE
CHAIR TO SIGN.
23. Agricultural Commissioner -requests Board approval of a letter to Governor
Wilson requesting that a Special Legislative Session in January of 1996 be
called to address the need to continue the registration process for methyl
bromide in California -action requested -APPROVE LETTER AND
AUTHORIZE THE CHAIR TO SIGN.
24. Tentative 1996 Board of Supervisors meeting dates calendar -action
requested -APPROVE 199b BOARD MEETING CALENDAR.
25. Animal Control Advisory Committee -formed by the Board of Supervisors
on September 1, 1992. On December 13, 1994 the Board adopted Resolution
No. 94-141 establishing the Butte County Animal Control Advisory Board -
action requested - DISBAND ANIMAL CONTROL ADVISORY
COMMITTEE.
MOTION: I MOVE TO APPROVE THE CONSENT AGENDA AS
PRESENTED.
M S
l Y 2 NP 3 Y 4 Y S Y (Unanimously Carried)
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November 28, 1995
November 28. 1995
Regular Agenda
95-348 Appointments -commissions and committees.
A. Appointments to committee vacancies. (NONE)
95-349 Update on Sacramento legislative and budget activities. (NONE)
95-350 Butte County Task Force on AIDS annual update -action requested -ACCEPT FOR
INFORMATION. (112) (REPORT BY JOHN W. REED, CH[~~IItMAN.
RESOLUTION 95-161 PROCLAIl~~QNG DECEMBER 1, 1995 WORLD AIDS
DAY IN BUTTE COUNTY ADOPTED AS PART OF CONSENT
AGENDA/MINU'I'E ORDER 95-347[17])
95-351 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 11-14-95)
Adoption 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 -ADOPT ORDINANCE AND AUTHORIZE THE CHAIR TO SIGN.
(FROM 11-14-95)
MOTION: I MOVE FOR A THIRD ALTERNATIVE 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 AND FURTHER AMENDED THIS DATE TO
REMOVE FROM SECTION 23B-Sa. PUMPING CAPACITY AND
PARCEL SITE. THE SENTENCE "THE It~iAXIMUM DISTANCE
BETWEEN THE PARCEL WITHD~I WHICH THE NEW WELL IS
TO BE LOCATED AND THE FURTHEST PARCEL TO BE
SERVED BY THE NEW WELL UNDER A WELL SHARING
AGREEMENT SHALL BE 2,640 FEET WHICH DISTANCE
SHALL BE MEASURED FROM THE NEAREST PROPERTY
LINE OF EACH PARCEL."
M
1 2 NP 3 4 5 (Motion Withdrawn/Lack of Second)
(ITEMS 4.04 AND 4.05 CONTINUED TO BOARD MEETING OF
DECEMBER 5, 1995)
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November 28, 1995
November 28. 1995
95-3 52 AB 818 (Vasconcellos) Property Tax Loan Program -the adoption of this resolution
does not obligate the County to participate in the Program, but keeps our option to
participate open until a detailed analysis can be done -action requested -ADOPT
RESOLUTION TO PARTICIPATE IN AB 818 PROPERTY TAX LOAN
PROGRAM (REVENUE AND TAXATION CODE SECTION 95.31) AND
AUTHORIZE THE CHAIR TO SIGN. (880)
MOTION: I MOVE TO ADOPT RESOLUTION 95-162 TO PARTICIPATE IN
AB 818 PROPERTY TAX LOAN PROGRAM (REVENUE AND
TAXATION CODE SECTION 95-31) AND AUTHORIZE THE
CHAIR TO SIGN.
M S
VOTE: l Y 2 NP 3 Y 4 Y S Y (Unanimously Carried)
95-353 Items removed from the Consent Agenda for Board consideration and action.
(NONE)
95-354 Public Comment. (PRESENTATIONS WII,L BE LIMITED TO FIVE NIINUTES.
THE BOARD OF SUPERVISORS IS PROHIBITED BY STATE LAW FROM
TAKING ACTION ON ANY ITEM PRESENTED IF IT IS NOT LISTED ON THE
AGENDA.) (1158)
1. Vivian Meyer, District 1 Supervisor -drug house abatement ordinance.
(BOARD DIRECTION TO CALENDAR FOR DISCUSSION ONBOARD
AGENDA OF DECEMBER 12, 1995)
2. Ed McLaughlin, District 4 Supervisor - (1) amendment of the Butte County
Code regarding curfew requirements (BOARD DIRECTION TO
CALENDAR FOR DISCUSSION ON BOARD AGENDA OF
DECEMBER 12, 1995); and {2) for the Chief Administrative Officer to bring
up for discussion at the California State Association of Counties (CSAC)
Annual Meeting the subject of their working together with the League of
Cities and other local agencies to put together a format for a chapter on local
government for inclusion in our school system's civics curriculum.
Gordon Thomas, District 5 Supervisor -will this afternoon be receiving a
legal opinion that is contrary to what County Counsel and the two outside
attorneys have come up with [Utility Users Tax], and will distribute it to all
Board members, County Counsel, Chief Administrative Officer, and anyone
else who wants it.
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November 28, 1995
November 28, 1995
RECESS: 10:00 A.M.
RECONVENE: 10:14 A.M.
Public Hearings and Timed Items
95-355 Public hearing -State of California, Department of Housing and Community
Development, Community Development Block Grant (CDBG) Program -
consideration of the submittal of the following applications:
A. A Planning~'I'echnical Assistance Allocation of the CDBG Program, estimated
to be in the amount of $17,500, with a local match contribution of $525 from
CDBG program income funds -action requested -ADOPT RESOLUTION
APPROVING AN APPLICATION FOR FUNDING AND THE
EXECUTION OF A GRANT AGREEMENT FROM THE
PLANNING/'TECHNICAL ASSISTANCE ALLOCATION OF THE STATE
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM AND
AUTHORIZE THE CHAIR TO SIGN; AND
B. Consideration of an application under the Community Economic Enterprise
Fund, Micro Enterprise Assistance Allocation of CDBG. The County will
apply for $500,000 in Community Economic Enterprise Funds in fiscal year
1995, which began on July 1 -action requested -ADOPT RESOLUTION
APPROVING AN APPLICATION AND CONTRACT EXECUTION FOR
FUNDING FROM THE ENTERPRISE FUND COMPONENT OF THE
ECONOMIC DEVELOPMENT ALLOCATION OF THE STATE
COMMUNITY DEVELOPII~NT BLOCK GRANT PROGRAM AND
AUTHORIZING THE EXECUTION OF A GRANT AGREEMENT AND
ANY AMENDMENTS Tf~RETO WITH THE STATE OF CALIFORNIA
AND AUTHORIZE THE CHAIR TO SIGN. (2110) (**00)
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November 28, 1995
November 28, 1995
95-355 MOTION: I MOVE TO (A} AMEND ITEM A. TO INCLUDE AFTER $525
FROM CDBG PROGRAM INCOME FUNDS; AND ADOPT
RESOLUTION 95-163 APPROVING AN APPLICATION FOR
FUNDING AND THE EXECUTION OF A GRANT AGREEMENT
FROM THE PLANNING/TECHNICAL ASSISTANCE
ALLOCATION OF THE STATE COMMUNITY DEVELOPMENT
BLOCK GRANT PROGRAM AND AUTHORIZE THE CHAIR TO
SIGN; AND (B) ADOPT RESOLUTION 95-164 APPROVING AN
APPLICATION AND CONTRACT EXECUTION FOR FUNDING
FROM THE ENTERPRISE FUND COMPONENT OF THE
ECONOMIC DEVELOPMENT ALLOCATION OF THE STATE
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
AND AUTHORIZING THE EXECUTION OF A GRANT
AGREEMENT AND ANY AMENDMENTS THERETO WITH
THE STATE OF CALIFORNIA AND AUTHORIZE THE CHAIR
TO SIGN. (2110) (**00)
M S
VOTE: l Y 2 NP 3 Y 4 Y S Y (Unanimously Carved)
95-356 Continued hearing -consideration of the adoption of a proposed ordinance amending
Chapter 43 of the Butte County Code, entitled "Public Health Department Fees",
solely with regard to water well permit fees -action requested -ADOPT
ORDINANCE AND AUTHORIZE THE CHAIR TO SIGN. (FROM 11-14-95)
(763) (HEARING OPENED AND CONTINUED OPEN TO BOARD MEETING
OF DECEMBER 5, 1995 AT 10:00 A.M.)
95-357 CLOSED SESSION: The Board recessed at 11:05 a.m. to a closed session
conference with legal counsel for actual litigation pursuant to
Government Code Section 54956.9(a) (Ruiz v. Vieira,
County of Butte, et al., Butte County Superior Court Case
No. 118349; and Gerald Phillips v. County of Butte, a
workers' compensation claim.)
RECONVENE: The Board reconvened at 11:40 a.m. following a closed
session conference with legal counsel for actual litigation
pursuant to Government Code Section 54956.9(a) (Ruiz v.
Vieira, County of Butte, et al., Butte County Superior Court
Case No. 118349; and Gerald Phillips v. County of Butte, a
workers' compensation claim.) (NO ANNOUNCEMENTS)
Page 352
November 28, 1995
November 28. 1995
95-358
Communications
Communications received and referred. (COPIES OF ALL COMMUNICATIONS
ARE AVAII,ABLE IN THE CLERK OF THE BOARD OFFICE.)
A. Doug Bentz, President, Butte County Farm Bureau - writes stressing the
importance of the implementing ordinances of the "Agricultural Element" of
the County Creneral Plan being completed without further delay, and offers the
services of the Butte County Farm Bureau membership in order to complete
this important project. (REFER TO DIRECTOR-DEVELOPMENT
SERVICES)
B. Thomas P. Tenorio, Executive Director, Community Action Agency of Butte
County -writes requesting that the Board of Supervisors consider adopting
a resolution expressing its opposition to the planned reorganization of
administration of the Low Income Home Energy Assistance Block Grant by
the State Department of Economic Opportunity. (REFER TO CHIEF
ADMINISTRATIVE OFFICER)
C.. Scott Gruendl, Chico -writes to the Board that he recently utilized health
testing services at the Health Department's branch on Oleander in Chico.
Considering today's fiscal realities, he is impressed with the professionalism
of the staff at that facility. Particularly, Public Health Nurse Jane Swan
Keculah and Health Educator Terrie L. Stewart. After interacting with
several health organizations and providers, both public and private, he remains
impressed with Butte County staff as the most professional and understanding
out of all the contact he has made. (REFER TO DIRECTOR-PUBLIC
HEALTH AND DIRECTOR-PERSONNEL)
ATTEST:
ADJOURNIVIENT: There being no fiuther business before the Board, the meeting
was adjourned at 11:40 a.m. to reconvene on Tuesday,
December 5, 1995 at 9:00 a.m.
JOHN S. BLACKLOCK, Chief Administrative Officer
and Clerk of the Boar f Supervisors
By:
Page 353 November 28, 1995
Board of Supervisors