HomeMy WebLinkAboutM121493:
December 14, 1993
Call to order - Board of Supervisors room, County
Administration Building, 25 County Center Drive,
Oroville. Present: Supervisors Meyer, Dolan,
McLaughlin, Thomas and Chair Houx. 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.
93-444 MOTION: I move that the need to take action on the
following items arose subsequent to the agenda
being posted:
1. Proclamation in honor of the openinq of
the North Valley Veterans Center on
January 7, 1994.
2. Presentation of resolution in
appreciation to Bob Wil2oughby, Farm
Advisor, upon his retirement.
3. "Buy a Piece of the Courthouse" -
approval of a letter to the 500 richest
people in the United States asking them
for donations.
S M
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
93-445 Items removed from the Consent Agenda for Board
consideration and action.
1. Introduction of a salary ordinance amendment for
both the Public Health and Mental Health
Departments due to recent program funding which
provides for additional positions (one 50 percent
Environmental Health Specialist, one Public Health
Assistant, and one Senior Account Clerk)
(RESTRICTED/STATE FUNDING). Also requested is that
the allocated number of positions for the
classification of Psychiatric Technician be
corrected from four to five, which reflects the
actual number of employees - action requested -
WAIVE READING OF THE ORDINANCE.
Page 412 December 14, 1993
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93-445 2. Introduction of a salary ordinance amendment adding
one new Medical Records Technician position in the
Public Health Department (STATE FUNDINGj in order
to commence the gradual transferrinq of selected
Children's Services Proqram case management
responsibilities to the County. Counties in excess
of 200,000 in population are required by the State
to independently manage the program - action
requested - WAIVE READING OF THE ORDINANCE.
3. County of Butte/City of Chico - proposed is an
agreement coaumencing January 1, 1994 wherein the
City of Chico processes all parking violation
citations issued within the unincorporated areas of
the County - action requested - AUTHORIZE THE CHIEF
ADMINISTRATIVE OFFICER TO ENTER INTO AN AGREEMENT
WITH TFIE CITY OF CHICO SUBJECT TO APPROVAL OF
COUNTY COUNSEL AND THE AUDITOR-CONTROLLER.
93-446 Consent Aqenda
1. Approval of minutes - action requested - APPROVE
MINUTES OF NOVEMBER 23, 1993.
2. Budget transfers - action requested - APPROVE
BUDGET TRANSFERS B-54 (1993 EDBG-245), B-55 (1992
EDBG-197), B-56 (1993 EDBG-220), B-57 (FINAL BUDGET
ADJUSTMENTS), B-58 (PUBLIC HEALTH), B-60 (DISTRICT
ATTORNEY), AND B-61 (PUBLIC HEALTH).
3. County Library donations - in accordance with
Government Code Section 25355, donations of
$1,172.25 from Chico Friends of the Library, $1,000
from Maynard E. Nichols, Oroville, $150 from Chico
Area Flyfishers, Chico and $100 from ARCO
Foundation, Los Angeles have been received for the
Butte County Library Trust Fund for the purchase of
books - action requested - ACCEPT DONATIONS AND
AUTHORIZE LETTERS OF APPRECIATION.
4. Sheriff-Coroner - Roy Huqgins, owner and operator
of Emergency Vehicle Equipment Company, Rancho
Cordova has donated a 1991 Ford, four door sedan
(vin no. 2FACP72F1MX108336) for use by the
Sheriff's Team of Active Retired Seniors
(S.T.A.R.S.) - action requested - ACCEPT DONATION
AND AUTHORIZE LETTER OF APPRECIATION.
Paqe 413
December 14, 1993
December 14. 1993
93-446 5. Butte County AIDS Task Force - action requested -
APPOINT DAVID L. HILLIKER, CINDI ANDERSON AND
REUBEN GARZA.
6. Butte Creek Canyon Municipal Advisory Council
(BCCMAC) - action requested - APPOINT BOB LaBAW
(DISTRICT 4, SUB AREA 1).
7. Oroville Wyandotte Irriqation District - proposed
is a property tax exchanqe agreement for Prater
Annexation (LAFCO 94-14) - action requested -
APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN.
8. Oroville-Wyandotte Irriqation District - proposed
is a property tax exchange aqreement for Higgins
Annexation (LAFCO 94-16) - action requested -
APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN.
9. Oroville Wyandotte Irriqation District - proposed
is a property tax exchange agreement for Bernheim
Annexation (Oroville-Bangor Road) (LAFCO 94-17) -
action requested - APPROVE AGREEMENT AND AUTHORIZE
THE CHAIR TO SIGN.
10. Oroville Wyandotte Irrigation District - proposed
is a property tax exchange aqreement for Banes
Annexation (Ophir Road) (LAFCO 94-18) - action
requested - APPROVE AGREEMENT AND AUTHORIZE THE
CHAIR TO SIGN.
11. Final map - Durham Vintaqe Estates Subdivision -
the developer has provided an Irrevocable Letter of
Credit to guarantee maintenance of facilities for a
period of one year on AP 39-52-18, 16 lots,
property located on the east side of Durham Dayton
Highway and lyinq north of and adjacent to the
Durham Unified School District property, Durham
area - action requested - APPROVE FZNAL MAP, ACCEPT
EASEMENTS AS GRANTED IN ITEMS 1, 2 AND 3 OF THE
OWNER'S STATEMENT ON BEHALF OF THE ENTITIES LISTED
(NOTE THAT THE FEE SIMPLE OFFER OF DEDICATION OF
WIDGEON LANE, TEAL LANE AND DUCKLING LANE AS
OFFERED IN ITEM 4 OF THE OWNER'S STATEMENT IS NOT
ACCEPTED AT THIS TIME), AND AUTHORIZE CHAIR TO SIGN
SUBDIVISION AGREEMENT.
Paqe 414
December 14, 1993
93-446 12. Final map - Alamo East Vesting Subdivision, Unit
3- the developer has provided cash deposit to
quarantee construction of improvements within one
year and maintenance of facilities for a period of
one year on AP 42-45-76, 12 lots, property located
on the southerly side of San Antonio Drive
approximately 200 feet northeasterly from its
intersection with Alamo Avenue, Chico area - action
requested - APPROVE FINAL MAP, ACCEPT EASEMENTS AS
GRANTED IN ITEM A OF THE OWNER'S STATEMENT ON
BEHALF OF THE PUBLIC, AND AUTHORIZE CHAIR TO SIGN
SUBDIVISION AGREEMENT.
13. Award of bid 22-94 - Public Works Department - bids
have been opened for a 26,000 qross vehicle weight
truck mounted herbicide applicator with the low
bidder meeting specifications beinq Wittmeier
Chevrolet/Geo in the amount of $72,850.64 including
tax - action requested - AWARD BID.
14. Award of bid 23-93 - Juvenile Hall and Bigqs
Memorial Hall - bids have been opened for the
reroofinq of the two buildinqs with the low bidders
being Butte Roofing in the amount of $10,000 for
the Biggs Memorial Hall and Four Counties Roofing
in the amount of $18,590 for the Juvenile Hall -
action requested - AWARD BIDS.
15. Award of bid - District Attorney Welfare Fraud
Unit - bid quotes were received for the purchase of
two used vehicles with the low bidders meeting
specifications being Winter Chevrolet, Pittsburg in
the amount of $10,883.64 (including tax) and Hobbie
Chevrolet, Oroville in the amount of $10,950
(includinq tax) - action requested - AWARD BIDS.
16. Contract chanqe order (CCO) no. 7- Butte County
Jail expansion project - CCO no. 7 in the
increasing amount of $37,529 provides for
furnishinq and installation of smoke/fire dampers
pursuant to the requirements of the State Fire
Marshall's approved construction drawinqs. The
chanqe order will be funded from the project
continqency budget utilizing State Jail Bond Act
monies - action requested - APPROVE CCO NO. 7 AND
AUTHORIZE THE GENERAL SERVICES DIRECTOR AND CHIEF
ADMINISTRATIVE OFFICER TO SIGN.
Page 415
December 14, 1993
93-446 17. District Attorney - Board authorization is
requested to accept as County property a Sony video
S camcorder, model Handycam (serial no. 135807),
seized and forfeited pursuant to applicable
California narcotics forfeiture statutes - action
requested - ACCEPT AS COUNTY PROPERTY FOR PLACEMENT
ON THE DISTRICT ATTORNEY'S INVENTORY OF COUNTY
PROPERTY.
18. Development Services - Board authorization is
requested for wiring, the Assessor Interface
Program and Sun-Novell interface in the maximum
amount of $3,074.86 in order to complete the
department's network - action requested - APPROVE
BUDGET TRANSFER B-53; DELETE THE PURCHASE OF A
COMPUTER, PERIPHERAIS AND A FILING CABINET FROM THE
1993-94 FINAL BUDGET; AND APPROVE PURCHASE OF FIXED
ASSET ITEMS.
19. Public Works/Development Services - Board
authorization is requested to replace heating,
ventilation and air conditioning (HVAC) systems for
the older, west section of 7 County Center Drive
($24,000 Public Works restricted funds/$6,000
Development Services funds approved for customer
service renovation) - action requested - APPROVE
BUDGET TRANSFER B-62, AND REPLACEMENT OF HVAC
SYSTEMS.
20. Sheriff-Coroner - 1981 Dodge one ton stake truck -
Board authorization is requested for the purchase
of a truck from State surplus in the amount of
$1,200 for use within the Jail's farm and garden
projects. Funding is available from within the
department budqet - action requested - APPROVE
BUDGET TRANSFER B-52 AND PURCHASE OF FIXED ASSET
ITEM.
21. County courts buildinq - pursuant to Government
Code Section 76000(a), resolutions have been
prepared changing the allocation of penalty
assessments between the Criminal Justice Facility
Fund and the Courthouse Construction Fund to enable
the County to finance the courts building
construction with an investment grade rating -
action requested - ADOPT RESOLUTIONS 93-195 AND 93-
196 AND AUTHORIZE THE CHAIR TO SIGN.
Paqe 416
December 14, 1993
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93-446 22. Alternate Dispute Resolution services provided by
the Mediation Center of the North Valley (MCNV) -
effective January 1, 1994 the courts will reduce
the amount of the filinq fee dedicated to providing
this service from $8 to $3, and MCNV will receive
the funds which have continued to accrue at $8
through December 31, 1993 and then receive the $3
amount beqinning January 1, 1994 for the length of
the current contract (June 30, 1994) - action
requested - REVISE FILING FEE ALLOCATION FOR
DISPUTE RESOI~JTION FROM $8 TO $3 EFFECTIVE
JANUARY l, 1994.
23. County Service Area No. 76 (Quail Run Lightinq and
Drainage) - the Auditor-Controller submits a
recalculation of the service area charge which
reflects a reduction to the previously set charges
resulting from a credit for adjusted electrical
service charqed and paid in the previous fiscal
year - action requested - REVISE THE FISCAL YEAR
1993-94 PROPERTY TAX ASSESSMENT RATE FOR CSA N0.
76.
24. Annual inventory of County property - Assessor -
Board authorization is requested for the removal
from fixed asset cantrol and use for parts of an
IBM monochrome display, model 8503 (serial no.
270563/fixed asset no. 19842) deemed to be beyond
economic repair. The District Attorney and
Auditor-Controller support the request - action
requested - APPROVE RELIEF FROM ACCOUNTABILITY AND
USE FOR PARTS.
25. Connerly & Associates - Block Grant No. 93-STBG-
687 - an agreement for services has been prepared
to administer the 1993 CDBG Program for housing
rehabilitation in various communities in the
County - action requested - APPROVE AGREEMENT AND
AUTHORIZE CHAIR TO SIGN.
Paqe 417
December 14, 1993
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93-446 26. Introduction of a salary ordinance amendment that
amends the current staffinq levels for allocated
positions: Welfare Department (no change in
staffing level); Mental Health Department
(reclassifies the position of Substance Abuse
Programs Administrator to a lower level
classification of Supervisor - Accounting);
Development services Department (requested clerical
staffinq level chanqes are to create parity and
consistency within the Buildinq Inspection and
Planning Divisions. The allocated staff level
change to the civil engineerinq position within
Subdivision Inspection is to utilize a journey
level position rather than an advanced journey
level); Public Works Department (as part of the
final budget for 1993-94, adds one position of
Civil Enqineering - Assistant and Junior, and one
position of Engineering Technician II, I); and
Agricultural Department (elimination of the
Agricultural Pest Control Worker position due to
layoff) - action requested - WAIVE READING OF
ORDINANCE.
27. Introduction of an ordinance amendinq Section 23C-5
of the Butte County Code regardinq fees for
registration of commercial weighing and measuring
instruments - pursuant to AB 1491, increase annual
device registration fees for businesses with nine
or more meters or scales. These fees help recover
the costs of inspectinq or testing these devices by
the County Weights and Measures Services - action
requested - WAIVE READING OF THE ORDINANCE.
28. Recordinq fee - proposed is a resolution which
would increase the recording fee by $1 per document
and require the Recorder~s Office to index every
instrument, paper, or notice within two business
days after the date of recordation - action
requested - PURSUANT TO AB 130, ADOPT RESOLLTTION
93-197 INCREASING RECORDING FEE $1 PER DOCUMENT
EFFECTIVE JANUARY 1, 1994.
29. Resolution an the Fair Labor Standards Act overtime
pay - action requested - the Director-Personnel
requests Board adoption of a resolution to amend
the Fair Labor Standards Act and the application of
requlations for overtime payment made to exempt
employees which was supported and adopted by the
National Governor's Association at its annual
meeting - action requested - ADOPT RESOLUTION 93-
198 IN SUPPORT OF AMENDING THE FAIR LABOR STANDARDS
ACT OVERTIME PROVISIONS FOR EXEMPT EMPLOYEES.
Page 418
December 14, 1993
93-446
30. Resolution establishinq State disability insurance
coveraqe for the Correctional Officer
classification series - the proposed resolution
will provide State disability insurance coverage
for the Correctional Officer classification series
due to the chanqe in desiqnated bargaining unit
representation from the Law Enforcement General and
Management/Supervisory Units to the General Unit
and Management, Confidential, and Supervisory Unit,
respectively - action requested - ADOPT RESOLUTION
93-199 FOR ELECTIVE COVERAGE UNDER SECTION 710.5 OF
THE UNEMPLOYMENT INSURANCE CODE AND AUTHORIZE THE
CHAIR TO SIGN THE APPLICATION AGREEMENT.
31. Proclamation in Recoqnition of the California
Retired Teachers Association (CRTA} for its 65th
Year in Existence - action requested - ADOPT
RESOLUTION 93-200 AND AUTHORIZE THE CHAIR TO SIGN.
32. Resolution Adoptinq a Disadvantaqed Business
Enterprise (DBE) Proqram for Road Projects
Involving Federal Funding - the 1991 Federal Aid
Highway Act requires the Department of Public Works
to have an approved Disadvantaged Business
Enterprise Proqram for road grojects involving
Federal funds - action requested - ADOPT RESOLUTION
93-201 AND AUTHORIZE THE CHAIR TO SIGN.
33. State agreement no. 03-5912 - reimbursement of
funds for qualified projects under Local Agency -
State Aqreement for Federal-Aid Projects No. 03-
5912 requires execution of a Program Supplement to
the master aqreement:
Program
Sut~plement Proi ect
067 Bridqe replacement (B Street at
Hamilton Slouqh)
068 Roadway illumination (pavement
markers - various locations}
069 Remove obstacles (various locations)
Page 419
December 14, 1993
December 14. 1993
93-446
Proqram
Supnlement Fundina
067 Federal $29,600
Local 7.400
Total $37,000
068 Federal $270,000
Local 30,000
Total $300,000
069 Federal $270,000
Local 3Q, 000
Total $300,000
action requested - APPROVE RESOLUTIONS 93-202, 93-
203, 93-204 AUTHORIZING EXECUTION OF PROGRAM
SUPPLEMENT NOS. 067, 068 AND 069 AND AUTHORIZE THE
CHAIR TO SIGN.
34. Tri-County Economic Development Corporation - in
response to a request of the Auditor-Controller, a
proposed amendment to the agreement has been
prepared that increases the amount of
administration costs from $12,340 to $13,840, and
changes the language reqardinq compensation -
action requested - APPROVE AMENDMENT AGREEMENT AND
AUTHORIZE THE CHAIR TO SIGN.
35. Economic Strategies Group - in response to a
request of the Auditor-Controller, a proposed
amendment to the agreement has been prepared that
changes the lanquaqe reqarding compensation -
action requested - APPROVE AMENDMENT AGREEMENT AND
AUTHORIZE THE CHAIR TO SIGN.
36. Mediation Center of the North Valley (MCNV) -
proposed is a modification of the contract dated
December 3, 1991 between the County and MCNV for
Alternate Dispute Resolution (ADR) services for the
courts - action requested - APPROVE B-59 IN THE
AMOUNT OF $28,000 (RESTRICTED FILING FEES), APPROVE
CONTRACT MODIFICATION AND AUTHORIZE THE CHAIR TO
SIGN.
Paqe 420
December 14, 1993
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93-446
37. DFM Associates - proposed is a modification to the
Election's Information Management System (EIMS) and
Recorder's Information Manaqement System (RIMS)
lease aqreement adding the Marriage License System
(MLS) and Fictitious Business Names System (FBN) to
the RIMS, to provide for the MLS and FBN fee
structure (monthly cost for each system will be
$1.07 per filing. Estimated costs for 1994 will be
$175/month for FBNs, and $106/month for MIS), and
the MLS installation fee of $3,000 (RECORDER'S
SYSTEMS TRUST FUND) - action requested - APPROVE
BUDGET TRANSFER B-51, APPROVE MODIFICATION TO
AGREII~~NT AND AUTHORIZE THE CHAIR TO SIGN.
38. County Counsel proposes the assignment of Mettler
v. County of Butte, et al. to the law firm of
Price, Price, Brown ~ Halsey - action requested -
APPROVE ASSIGNMENT OF COUNSEL.
39. Eldon R. and Margaret L. Faris - proposed is an
amendment to the lease aqreement for storage and
work assemblage space at 2640 Fifth Avenue, Suites
6& 7, Oroville for the Elections Office. The
amendment extends the term to January 31, 1998 with
other conditions remaininq unchanged - action
requested - APPROVE AMENDMENT NO. 1 TO AGREEMENT
AND AUTHORIZE THE CHAIR TO SIGN.
40. 1993-94 Substance Abuse and Mental Health Services
(S.A.M.H.S.) block grant - an application has been
prepared, pursuant to AB 2476 and SH 463
legislation, for $149,324 in S.A.M.H.S. funds to
provide integrated services to severely mentally
ill adults and older adults with systems of care
that are client centered, culturally competent and
fully accountable - action requested - APPROVE
GRANT APFLICATION AND AUTHORIZE THE CHAIR TO SIGN
SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE
AUDITOR-CONTROLLER.
41. Nancy Agliolo, Toby Hale, Teresa Wood-Hansen and
Monica Schwartz - proposed are amendments to the
agreements for the provision of physical and
occupational therapy services provided to children
eliqible for the California Children's Services
Program which adjusts the maximum amount payable
under the agreements to reflect the current
utilization of the services (25$ realiqnment/50~
State/25~ County) - action requested - APPROVE
AMENDMENTS TO AGREEMENTS AND AUTHORIZE THE CHAIR TO
SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE
AUDITOR-CONTROLLER.
Paqe 421
December 14, 1993
93-446 42. Susan McManus - proposed is an agreement for
provision of therapy services to children eligible
for the California Children's Services Proqram
commencing November 1, 1993 in the maximum amount
of $16,000 (25$ realignment/50$ State/25~ County) -
action requested - APPROVE AGREEMENT AND AUTHORIZE
THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY
COUNSEL AND THE AUDITOR-CONTROLLER.
43. 1993-94 State Legalization Impact Assistance Grant
Immigration Reform and control Act Subvention for
public health services - under the terms of this
agreement, the State Department of Health Services
will make available State leqalization impact funds
(estimated at $10,000) to reimburse the County for
costs of providing specified public health services
to persons who have applied for legalization under
the provisions of the Immiqration Reform and
Control Act (IRCA) - action requested - APPROVE
AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN.
44. Butte County Office of Education - Reqional
Occupational Proqram (ROP) - the G.A.I.N. Proqram
reqularly utilizes the ROP to train clients in the
job skills needed for a variety of occupational
fields. Proposed is a contract, in the maximum
amount of $27,889 (Federal/State/County), which
will provide a 3-1/2 month (450 hours) training
course in the necessary entry level skills in
auxiliary hospital and medical services occupations
for 20 G.A.I.N. clients - action requested -
APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN.
45. Chico Community Hospital: Crossroads - counselinq
and evaluation services for the Children's Services
Division of the Welfare Department - proposed is an
amendment to the agreement to extend the contract
three months (to March 31, 1994) in order to
continue this service while the biddinq process for
a new contract takes place (sufficient funding is
available from within contract balance) - action
requested - APPROVE AMENDMENT NO. 1 TO AGREEMENT
AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL
OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER.
Paqe 422
December 14, 1993
93-446
46. North Valley Catholic Social Services
(N.V.C.S.S.) - counseling and evaluation services
for the Children~s Services Division of the Welfare
Department - proposed is an amendment to the
agreement to extend the contract three months (to
March 31, 1994) in order to continue this service
while the bidding process far a new contract takes
place (sufficient fundinq is available from within
contract balance) - action requested - APPROVE
APiENDMENT NU. 1 TO AGREEMENT AND AUTHORIZE THE
CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL
AND THE AUDITOR-CONTROLLER.
47. Enloe Hospital: Contract for the Provision of
Perinatal Recovery Nursing Services - proposed is
an amendment to the aqreement to extend the
contract through June 30, 1994 (Options for
Recovery Grant/100$ State) - action requested -
APPROVE AMENDMENT NO. 1 TO AGREEMENT AND AUTHORIZE
THE CHAIR TO SIGN.
48. Western Canal Water District - official canvass of
District's General Election, held by mailed ballot
on November 2, 1993 - Christie McCoshum, Elections
Clerk, confirms that Lance D. Tennis, Dale Grell
and Milton LaMalfa have been elected for four year
terms to the Board of Directors of the District -
action requested - APPROVE CERTIFICATION OF
STATEMENT OF VOTE.
49. Discount sale of affice supplies - it is
recommended by the General Services Director that
the Board authorize a"clearance sale" of remaininq
office supply items in the Central Storeroom at 50~
discount to operating departments and thereafter to
members of the general public - action requested -
AUTHORIZE THE 50$ SALE OF OFFICE SUPPLY ITEMS AS
PROPOSED BY THE GENERAL SERVICES DIRECTOR.
50. Planning Commission By-Laws - proposed is an
amendment to Article IV, Section 1 to bring the by-
laws into compliance with Section 2-72 of the Butte
County Code - action requested - PURSUANT TO
GOVERNMENT CODE SECTION 65102 , APPROVE AMENDMENT TO
ARTICLE IV, SECTION 1 OF THE PLANNING COMMISSION
BY-LAWS.
MOTION: I MOVE TO APPROVE THE CONSENT AGENDA WITH THE
REMOVAL OF ITEMS 3.26, 3.27 AND 3.38.
S M
VOTE; 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
Page 423 December 14, 1993
December 14. 1993
Rg,qular AQenda
93-447 Appointments - commissions and committees.
a. Appointments to committee vacancies. (NONE)
93-448 Presentation of resolution in appreciation to Bob
Willoughby, Farm Advisor, upon his retirement.
(PRESENTATION BY SUPERVISOR MCLAUGHLIN)
93-449 Sacramento legislative and budget activities:
a. Presentation by Dale Wagerman, wagerman &
Associates, of the Butte County Legislative
Platform for 1994 Leqislative Session - action
requested - ADOPT 1994 COUNTY LEGISLATIVE PLATFORM.
(178)
MOTION: I MOVE TO ADOPT THE 1994 COUNTY LEGISLATIVE
PLATFORM AS AMENDED.
S M
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y(Unanimously Carried)
b. Report on California State Association of Counties
(CSAC) Annual Meetinq. (695) (PRE5ENTATION BY
SUPERVISOR DOLAN, BOARD DELEGATE TO CSAC ON THE
FOLIAWING: (1) PROPOSED CONSTITUTIONAL INITIATIVE
TO PROTECT REVENUE SOURCES FOR COUNTIES AND LOCAL
GOVERNMENTS; (2) COUNTY MEDICAL SERVICES PROGRAM;
AND (3) STATE BUDGET FORECAST. JOHN S. BLACKLOCK,
CHIEF ADMINISTRATIVE OFFICER, REPORTED THAT THE
MOST COMMON FORECA5T OF THE STATE~S PROBLEM THAT
WAS HEARD AT THE CONFERENCE IS IN THE RANGE OF A$4
TO $6 BILLION DOLLAR DEFICIT GOING INTO NEXT YEAR;
A POTENTIAL SHIFT OF AFDC RESPONSIBILITY FROM THE
STATE TO COUNTIES; CONSTITUTIONAL REVIEW COMMISSION
[SUPERVISOR HOUX HAS CONVEYED HER INTEREST ZN AN
APPOINTMENT TO THE COMMISSION TO THE GOVERNOR'S
OFFICE]; AND STATE SENATORS TIM LESLIE AND MIKE
THOMPSON RECEIVED AN AWARD FROM CSAC FOR THEIR HARD
WORK ON BEHALF OF COUNTIES.)
Paqe 424
December 14, 1993
93-450 District Attorney - requests the waqe and hour cuts in
his attorney staff be rescinded - action requested -
PURSUANT TO THE MANAGEMENT, CONFIDENTIAL AND SUPERVISORY
UNIT MEMORANDUM OF UNDERSTANDING, SECTION 7.00, FIND THAT
ATTORNEYS WITHIN THE DISTRICT ATTORNEY'S OFFICE ARE AN
"ESSENTIAL CLASSIFICATION...(WHICH) DUE TO LEGAL
REQUIREMENTS, COURT ORDER, OR OTHER OPERATING
NECESSITY,...NOT BE SUBJECT TO THE HOURS OR SALARY
REDUCTION. ADMINISTRATIVE OFFICE RECOMMENDS DENIAL OF
RE4UEST (1122)
MOTION: I MOVE TO DENY THE REQUEST.
S M
VOTE: 1 Y 2 Y 3 Y 4 Y 5 N (Motion Carried)
RECESS: 10:10 A.M.
RECONVENE: 10:20 A.M.
93-451 Public hearing - M. C. Horning - consideration of a
General Plan Amendment from Grazinq and Open Land to
Industrial and rezone (proposed negative declaration with
mitigation measures reqarding environmental impact
recommended) from "U" (Unclassified) to M-1 (Light
Industrial) on 10.43 acres, and amendiaent and extension
of a development agreement for 67 acres plus the
inclusicn of a 10.43 acre parcel into the agreement,
property located on both sides of Durham-Pentz Road, east
of Highway 99, identified as AP 040-130-036, 040-049, 018
and 017, Central Butte area. (2027)
MOTION: I MOVE TO ACCEPT THE RECOMI~NDATIONS OF STAFF
MEMORANDUM DATED DECEMBER 1, 1993; AND
A. FIND THAT: A. AN INITIAL STUDY WAS
COMPLETED IN COMPLIANCE WITH THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT.; 2. SAID STUDY AND
COMMENTS RECEIVED THEREON IDENTIFIED NO
UNMITIGATED SIGNIFICANT EFFECTS THAT THE
PROJECT MAY HAVE.; 3. PROPOSED MITIGATED
NEGATIVE DECLARATION HAS BEEN COMPLETED IN
COMPLIANCE WITH THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT.; 4. THE BOARD OF SUPERVISORS HAS
INDEPENDENTLY REVIEWED, ANALYZED AND
CONSIDERED THE INITIAL STUDY AND FINDS THAT
THE NEGATIVE DECLARATION REFLECTS THE
INDEPENDENT JUDGMENT OF THE BOARD OF
SUPERVISORS IN MAKING IT5 RECONII~IENDATION.;
Page 425 December 14, 1993
December 14, 1993
93-451 5. THE PROPOSED GENERAL PLAN AMENDMENT
CONFORMS WITH THE POLICIES AND STANDARDS OF
THE BUTTE COUNTY GENERAL PLAN AND THE EXISTING
LAND USE DESIGNATION IS NOT CONSISTENT WITH
THE POLICIES AND STANDARDS OF THE COUNTY'S
LAND USE ELEMENT.; 6. THE PROPOSED REZONE IS
COMPATIBLE WITH THE GENERAL PLAN AMENDMENT AND
COMPLIES WITH THE M-1 ZONING STANDARDS.;
B. ADOPT A MITIGATED NEGATIVE DECLARATION FOR
THE GENERAL PLAN AMENDMENT AND REZONE FOR THAT
PROPERTY IDENTIFIED AS AP 040-130-036
(HORNING).; C. ADOPT RESOLUTION 93-205
AMENDING THE GENERAL PLAN FROM GRAZING AND
OPEN LAND TO INDUSTRIAL FOR THAT PROPERTY
IDENTIFIED AS AP 040-130-036 (HORNING).; AND
D. ADOPT ORDINANCE 3106 REZONING TO M-1, WITH
THE SPECIAL REGULATIONS AND IMPROVEMENT
STANDARDS AS SHOWN IN THE RELATED DEVELOPMENT
AGREEMENT, FOR THAT PROPERTY IDENTIFIED AS AP
040-130-036 (HORNING).
M S
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y(Unanimously Carried)
MOTION: I MOVE TO ACCEPT THE RECOMI~NDATIONS OF STAFF
MEMORANDUM DATED DECEMBER 1, 1993 AND A. FIND
THAT: l. AN INITIAL STUDY WAS COMPLETED IN
COMPLIANCE WITH THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT.; 2. SAID STUDY AND COMMENTS
RECEIVED THEREON IDENTIFIED NO SIGNIFICANT
EFFECTS THAT THE PROJECT MAY HAVE.;
3. PROPOSED MITIGATED NEGATIVE DECLARATION
HAS BEEN COMPLETED IN COMPLIANCE WITH THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT.; 4. THE
BOARD OF SUPERVISORS HAVE INDEPENDENTLY
REVIEWED, ANALYZED AND CONSIDERED THE INITIAL
STUDY IN MAKING ITS DECISION.; B. FIND THAT
THE DEVELOPMENT AGREEMENT, AS AMENDED, IS
CONSISTENT WITH THE INDUSTRIAL LAND USE
DESIGNATION OF THE BUTTE COUNTY GENERAL PLAN;
C. ADOPT A MITIGATED NEGATIVE DECLARATION FOR
THE DEVELOPMENT AGREEMENT, AS AMENDED, FOR
THAT PROPERTY IDENTIFIED AS AP 040-130-036 AND
040-490-017, 018 (HORNING).; AND D. ADOPT
ORDINANCE 3107 EXTENDING AND AMENDING THE
DEVELOPMENT AGREEMENT FOR THAT PROPERTY
IDENTIFIED AS AP 040-130-036 AND 040-490-017,
O18 (HORNING).
M S
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y(Unanimously Carried)
Paqe 426
December 14, 1993
93-452 Public hearing - Everett Johnston - abandonment of a five
foot light and air easement and public utility easement
lying within the northeast 1/4 of Section 28, T29N, R4E,
also beinq a portion of Lot 60 of Carriage Manor, a
planned unit development, identified as AP 036-780-060,
Oroville - action requested - ADOPT RESOLUTION AND
AUTHORIZE THE CHAIR TO SIGN. (2658)
MOTION: I MOVE TO A. FIND THAT THIS PROJECT IS
CATEGORICALLY EXEMPT FROM ENVIRONMENTAL
REVIEW; B. FIND THE ABANDONMENT IN
CONFORMANCE WITH THE BUTTE COUNTY GENERAL
PLAN; AND C. ADOPT RESOLUTION 93-206
APPROVING THE ABANDONMENT OF A FIVE FOOT LIGHT
AND AIR EASEMENT AND PUBLIC UTILITY EASEMENT
LYING WITHIN THE NORTHEAST 1/4 OF SECTION 28,
T19N, R4E, AISO BEING A PORTION OF IAT 60 OF
CARRIAGE MANOR, A PUD, AP 036-780-060 (EVERETT
JOHNSTON).
M S
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y(Unanimously Carried)
93-453 Water well recommendations - action requested:
a. ACCEPT WATER COIrII~IISSION FINDINGS AND DIRECT THE
PUBLIC HEALTH DEPARTMENT TO ZMPLEMENT
RECOP'IIrIENDATIONS NO. 2 THROUGH NO . 7; AND
b. TAI~ RECOIrIIrIENDATION NO. 1 UNDER ADVISEMENT FOR
IMPLEMENTATION WHEN PRESENTED WITH A NEW
ENVIRONMENTAL HEALTH FEE SCHEDULE IN JANUARY, 1994.
(2788) (**00)
MOTION: I MOVE TO ACCEPT WATER COMMISSION FINDINGS AND
DIRECT THE PUBLIC HEALTH DEPARTMENT TO
IMPLEMENT RECO~'II~IENDATIONS NO. 2 THROUGH NO . 7,
AND TAKE RECOZ~IMENDATION NO. 1 UNDER ADVISEMENT
FOR ZMPLEMENTATION WHEN PRESENTED WITH A NEW
ENVIRONMENTAL HEALTH FEE SCHEDULE IN JANUARY,
1994.
S M
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
Page 427
December 14, 1993
93-454 Report on status of Butte County Water Project
Entitlement 27,500 acre feet - action requested - DIRECT
COUNTY STAFF TO REVIEW OPTIONS AND EXPLORE POTENTIAL
WATER TRANSFERS REGARDING BUTTE COUNTY ENTITLEMENT.
(138) (REPORT BY STEVE ONKEN, CHAIR, BUTTE COUNTY WATER
COMMISSION)
MOTION: I MOVE TO DIRECT COUNTY COUNSEL, IN
CONSULTATION WITH THE CHIEF ADMINISTRATIVE
OFFICER AND OTHERS AS APPROPRIATE, TO REVIEW
OPTIONS AND EXPIARE POTENTIAL WATER TRANSFERS
REGARDING BUTTE COUNTY ENTITLEMENT.
S M
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y(Unanimously Carried)
93-455 Countywide hiring freeze and review of inemberships and
out-of-county travel by the Chief Administrative
Officer - action requested:
a. CONTINUE THE HIRING FREEZE AS TO ANY POSITIONS NOT
FUNDED IN THE FINAL BUDGET ADOPTED BY THE BOARD.
SPECIFICALLY, NEW POSITIONS WILL BE CONSIDERED ONLY
IF ONE OF THE FOLI,OWING CONDITIONS EXISTS: 1) IT
IS ESSENTIAL TO PUBLIC SAFETY, 2) IT IS FUNDED
ENTIRELY BY GRANT FUNDS WITH NO OTHER COSTS TO THE
COUNTY, OR 3) COST SAVINGS ASSOCIATED WITH FILLING
THE POSITION ARE GREATER THAN THE COST OF THE
POSITION.
b. PLACE THE RESPONSIBILITY FOR MONITORING
MEMBERSHIPS AND OUT-OF-COUNTY TRAVEL WITH
DEPARTMENT HEADS. (425)
MOTION: I MOVE TO CONTINUE THE HIRING FREEZE AS TO ANY
POSITIONS NOT FUNDED IN THE FINAL BUDGET
ADOPTED BY THE BOARD. SPECIFICALLY, NEW
POSITIONS WILL BE CONSIDERED ONLY IF ONE OF
THE FOLI,OWING CONDITIONS EXISTS: 1) IT IS
ESSENTIAL TO PUBLIC SAFETY, 2) IT IS FUNDED
ENTIRELY BY GRANT FUNDS WITH NO OTHER COSTS TO
THE COUNTY, OR 3) COST SAVINGS ASSOCIATED
WITH FILLING THE POSITION ARE GREATER THAN THE
COST OF THE POSITION; AND PLACE THE
RESPONSIBILITY FOR MONITORING MEMBERSHIPS AND
OUT-OF-COUNTY TRAVEL WITH DEPARTMENT HEADS.
M S
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y(Unanimously Carried)
Page 428
December 14, 1993
December 14, 1993
93-456 Alternative Method of Distribution of Property Tax Levies
and Assessments (Teeter Plan) - action requested - ADOPT
RESOLUTION AMENDING BOARD RESOLUTION (NO. 93-156)
ELECTING THE ALTERNATIVE METHOD OF DISTRIBUTION OF
PROPERTY TAX LEVIES AND ASSESSMENTS, APPROVE LOAN
AGREEMENT, AND ADOPT RESOLUTION APPROVING THE TERMS OF
THE LOAN AGREEMENT BETWEEN THE COUNTY AND THE TREASURER'S
POOLED INVESTMENT FUND AND AUTHORIZE CHAIR TO SIGN.
(480)
MOTION: I MOVE TO ADOPT RESOLUTION 93-207 AMENDING
BOARD RESOLUTION (NO. 93-156) ELECTING THE
ALTERNATIVE METHOD OF DISTRIBUTION OF PROPERTY
TAX LEVIES AND ASSESSMENTS, ADOPT RESOLUTION
93-208 AUTHORIZING A LOAN FOR THE PURPOSES OF
IMPLEMENTING THE ALTERNATIVE METHOD OF
DISTRIBUTION OF PROPERTY TAX LEVIES AND
ASSESSMENTS (WORRERS' COMPENSATION INSURANCE
RESERVE FUND), ADOPT RESOLUTION 93-209
APPROVING THE TERMS OF THE LOAN AGREEMENT
BETWEEN THE COUNTY AND THE TREASURER'S POOLED
INVESTMENT FUND AND AUTHORIZE THE CHAIR TO
SIGN.
M S
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y(Unanimously Carried)
93-457 Report to Board on sale of courthouse construction bonds.
(THE TREASURER-TAX COLLECTOR REPORTED TO THE BOARD ON THE
SUCCESSFUL SALE OF $5.7 MILLION OF BUTTE COUNTY
CERTIFICATES OF PARTICIPATION FOR CONSTRUCTION OF A NEW
COURTHOUSE FOR SOUTH COUNTY MUNICIPAL COURT)
93-458 Consideration of request for Board waiver of the 15 day
appeal requirement (Condition 2. Verify legal access to
the parcel from a publicly maintained road in accordance
with Chapter 20, Section 134 of the Butte County Code.),
or waiver of the application fee for a new Certificate of
Compliance. (760)
MOTION: I MOVE TO WAIVE THE 15 DAY APPEAL REQUIREMENT
(CONDITION 2. VERIFY LEGAL ACCESS TO THE
PARCEL FROM A PUBLICLY MAINTAINED ROAD IN
ACCORDANCE WITH CHAPTER 20, SECTION 134 OF THE
BUTTE COUNTY CODE.) AND UPON PAYMENT OF THE
APPROPRIATE APPEAL FEE BY THE APPLICANT,
DIRECT THE CLERK OF THE BOARD TO SET THE
MATTER FOR HEARING BEFORE THE BOARD.
S M
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y(Unanimously Carried)
Page 429
December 14, 1993
December 14. 1993
93-459 County Center Drive and Court Street - it is proposed
that the Board adopt a resolution, subject to consent by
the City of Oroville, declarinq County Center Drive and
Court Street as a County hiqhway for purposes of
acquisition of right - of - way, construction,
maintenance, improvement and repair - action requested -
ADOPT RESOLUTION AND AUTHORIZE CHAIR TO SIGN. (988)
MOTION: I MOVE TO ADOPT RESOI~JTION 93-210 DECLARING
COUNTY CENTER DRIVE AND COURT STREET AS COUNTY
HIGHWAYS AND REQUEST FOR CONSENT FROM OROVI7.7.R
CITY COUNCIL AND AUTHORIZE THE CHAIR TO SIGN.
M S
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y(Unanimously Carried)
93-460 Items removed from the Consent Agenda for Board
consideration and action.
1. Introduction of a salary ordinance amendment for
both the Public Health and Mental Health
Departments due to recent proqram fundinq which
provides for additional positions (one 50 percent
Environmental Health Specialist, one Public Health
Assistant, and one Senior Account Clerk)
(RESTRICTED/STATE FUNDING). Also requested is that
the allocated number of positions for the
classification of Psychiatric Technician be
corrected from four to five, which reflects the
actual number of employees - action requested -
WAIVE READING OF THE ORDINANCE. (1064)
MOTION: I MOVE TO WAIVE READING OF THE ORDINANCE.
S M
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y(Unanimously Carried)
2. Introduction of a salary ordinance amendment adding
one new Medical Records Technician position in the
Public Health Department (STATE FUNDING) in order
to commence the gradual transferrinq of selected
Children's Services Program case manaqement
responsibilities to the County. Counties in excess
of 200,000 in population are required by the State
to independently manaqe the program - action
requested - WAIVE READING OF THE ORDINANCE. (NO
ACTION TAKEN)
Page 430
December 14, 1993
93-460 3. County of Butte/City of Chico - proposed is an
agreement commencinq January 1, 1994 wherein the
City of Chico processes all parking violation
citations issued within the unincorporated areas of
the County - action requested - AUTHORIZE THE CHIEF
ADMINISTRATIVE OFFICER TO ENTER INTO AN AGREEMENT
WITIi THE CITY OF CHICO SUBJECT TO APPROVAL OF
COUNTY COUNSEL AND THE AUDITOR-CONTROLLER.
MOTION: I MOVE TO AUTHORIZE THE CHIEF ADMINISTRATIVE
OFFICER TO ENTER INTO AN AGREEI~~NT WITH THE
CITY OF CHICO SUHJECT TO APPROVAL OF COUNTY
COUNSEL AND THE AUDITOR-CONTROLLER.
S M
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y(Unanimously Carried)
93-461 Discussion regardinq chip sealinq of selected County
gravel roads with selection criteria to be determined.
(1180) (BOARD DIRECTION FOR THE FORMZJLATION OF A BOARD
POLICY BASED UPON CERTAIN CRITERIA [TO BE DETERMINED
WITHIN THE 1994-95 BUDGET] WHEREIN A SMALL AMOUNT OF
SELECTED GRAVEL ROADS PER YEAR WOULD BE CHIP SEALED)
93-462 Proclamation in honor of the opening of the North Valley
Veterans Center on January 7, 1994.
MOTION: I MOVE T
HONOR OF
VETERANS
AUTHORIZE
M
VOTE: 1 Y 2 Y
0 APPROVE A BOARD PROCLAMATION IN
THE OPENING OF THE NORTH VALLEY
CENTER ON JANUARY 7, 1994 AND
THE CHAIR TO SIGN.
S
3 Y 4 Y 5 Y(Unanimously Carried)
93-463 "Buy a Piece of the Courthouse" - approval of a letter to
the 500 richest people in the United States asking them
for donations.
MOTION: I MOVE THAT THE ADMINISTRATIVE OFFICE OBTAIN
THE LIST FROM JUDGE HOWELL OF THE NAMES OF THE
500 RICHEST PEOPLE IN THE UNITED STATES AND
AUTHORIZE LETTERS, SIGNED BY THE BOARD CHAIR,
REQUESTING THEY "BUY A PIECE OF THE
COURTHOUSE."
S
VOTE: 1 Y 2 Y 3 Y 4 Y
Paqe 431
M
5 Y (Unanimously Carried)
December 14, 1993
December 14. 1993
93-464 ~ublic 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.) (1810)
1. Gordon Thomas, Stirlinq City - expressed his
appreciation to Chair Houx for her guidance and
advice durinq this past year.
RECESS: 11:48 A.M.
RECONVENE: 1:30 P.M.
93-465 CLOSED SESSION: The Board recessed at 1:30 p.m. to a
closed session for a personnel
matter pursuant to Government Code
Section 54957.
RECONVENE: The Board reconvened at 2:05 p.m.
following a closed session for a
personnel matter pursuant to Government
Code Section 54957. (NO ANNOUNCEMENTS)
93-466 Communications
Communications received and referred. (COPIES OF ALL
COMMUNICATIONS ARE AVAILABLE IN THE CLERK OF THE BOARD
OFFICE.)
a. Luis R. Rico, Chief, Proqram Development Unit,
State Department of Health Services - forwards for
review and consideration the Fee-For-Service
Managed Care pilot project, referred to as the
Managed Care Network (MCNj pilot project, for
possible implementation in Butte County.
(Interdepartmental memorandum, dated December 2,
1993 from Dr. Chester L. Ward, Director-Public
Health, on Medi-Cal Fee for Service Manaqed Care
Network [FFS/MCN]) (REFER TO CHIEF ADMINISTRATIVE
OFFICER AND DIRECTOR-PUBLIC HEALTH)
b. Linda Wyatt, State President, California
Association of Persons with Handicaps, Inc.
(CAPH) - forwards the Association's concerns about
recent developments in the In-Home Supportive
Services (IHSS) Personal Care Service Program
(PCSP). (REFER TO CHIEF ADMINISTRATIVE OFFICER AND
DIRECTOR-PUBLIC HEALTH)
Page 432 December 14, 1993
December 14, 1993
93-466 c. Priscilla L. Hanford, Paradise - submits a letter
of resignation as the Board's public appointee to
the Local Task Force for California lntegrated
Waste Management. (REFER TO DIRECTOR-PUBLIC WORKS
AND CLERK OF THE BOARD)
ADJOURNMENT: There being no further business before
the Board, the meeting was adjourned at
2:05 p.m. to reconvene on Tuesday,
January li, 1994 at 9:00 a.m.
~~ ~ ~ .
~ ~
ED McLAUGHLIN, C R
Butte County Boar of Supervisors
ATTEST:
JOHN S. BLACK CK, Chief Administrative Officer
and Clerk of he Board of Supervisors
By: ,
Page 433
December 14, 1993