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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 4 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 -~ 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 .-~ ~ 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 ~ ~ 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