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HomeMy WebLinkAboutM012495r MINUTES: BOARD OF SUPERVISORS ED hAcLAUGHLIN, 4th gistrict, Cheir VIVIAN MEY@R, 1st District JANE DOLAN, 2nd District MARY ANNE HOUX, art! District GORDON THOMAS, 5th District Call to order - Board of Supervisors room, County Administration Building, 25 County Center Drive, Oroville. Supervisors V. Meyer, Dolan, Houx, Thomas and Chair 2icLaughlin present. Starlyn S. Brown, Assistant Chief Administrative Officer; Susan Minasian, County Counsel; and Carol Roach, Assistant Clerk of the Board. Pledge of allegiance to the Flag of the United States of America. Invocation - (NONE) 95-1fi Items removed from the Consent Agenda for Board consideration and action. i. State Department of Alcohol and Drug Programs (ADP) Drug/Hedi-Cal contract - ADF, by authority of an interagency agreement with the Department of Health and Human Services, has accepted the County Mental Health, Alcohol and Drug Services' Medi-Cal Proposal for fiscal year 1994-95 (anticipated revenue $624,442). The proposal is to capture Federal Drug/I~iedi-Cal dollars for services provided by the County's two certified Drug/Hedi-Cal providers - Butte County Kental Health, Alcohol and Drug Services and the County's contracted perinatal service provider, Enloe Hospital "Touchstone" - action requested - APPROVE CONTRACT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. 95-17 1. Budget transfers - action requested - APPROVE BUDGET TRANSFER B-100 (PROBATION), 8-101 (WELFARE/CHILDREN SERVICES DIVISION), B-102 (WELFARE/CAL-LEARN), B-103 WELFARE/ADMINISTRATION), AND B-107 (LIBRARIES). Page 14 January 24, 1995 95-17 Januanr 24. 1995 2. County Library donations - in accordance with Government Code Section 25355, donations of $955 from Friends of the Library, Paradise and $400 from Joan Regan and Loy Braley, Paradise have been received for the Butte County Trust Fund for the purchase of books - action requested - ACCEPT DONATIONS AND AUTHORIZE LETTERS OF APPRECIATION. 3. Butte County Fair Board - action requested - APPOINT KENT AHLSWEDE (DISTRICT 3) TO A TERM TO EXPIRE JANUARY 4, 1999. 4. Butte County Fish and Game Commission - action requested - REAPPOINT MIKE MURRISH (DISTRICT 2} TO A TERM TO EXPIRE DECEMBER 31, 1998. 5. Butte County Housing Authority - action requested - APPOINT LEONARD WHITEGON (DISTRICT 3} TO A TERM TO EXPIRE DECEMBER 31, 1998. 6. Butte County Mosquito and Vector Control District - action requested - REAPPOINT PRISCILLA LEONARDI- DRON (DISTRICT 2) TO A TERM TO EXPIRE DECEMBER 31, 1998 AND APPOINT LARRY EVANS (DISTRICT 4) TO A TERM TO EXPIRE DECEMBER 31, 1996. 7. Oroville Cemetery District - action requested - REAPPOINT J. MICHAEL HUTTON TO A TERM TO EXPIRE JANUARY 1, 1999. 8. Planning Commission - action requested - REAPPOINT NINA LAMBERT (DISTRICT 2) TO A TERM TO EXPIRE DECEMBER 31, 1998. 9. Certificate of Williamson Act Qxpiration - notice of nonrenewal has been given as provided in Government Code Section 51245 for Earl H. and Helen W. Parker (Michael G. and Andrea Kay Dawson), AP 041-150-029 and -031 - action requested - APPROVE CERTIFICATE OF WILLIAMSON ACT EXPIRATION AND AUTHORIZE CHAIR TO SIGN, AND AUTHORIZE RECORDING OF THE CERTIFICATE OF EXPIRATION. Page 15 January 24, 1995 95-17 Januarv~2 , „l,s~ 10. Exchange of a public utility easement for a public utility easement coincident with the new property line created by the Flodin and Holar, boundary line modification, AP 063-350-003 and -004, two parcels located on the northwest side of Flodin's Court, approximately 400 feet west of A. J. Stohy Road, Forest Ranch area. This easement is to be exchanged with Budd Schwab, Ann M. Schwab, Paul G. Rumors and Janice M. Rumors for another easement which is needed for public utility purposes - action requested - APPROVE AGREEMENT FOR EXCHANGE OF REAL PROPERTY, ADOPT RESOLUTION 95-24 AND AUTHORIZE THE CHAIR TO SIGN RESOLUTION, AGREEMENT AND QUITCLAIM DEED. 11. Final map - Lucas Ranch, Planned Unit Development (P.U.D.) - the developer has provided an Irrevocable Standby Letter of Credit to guarantee construction of improvements within one year on AP 060-200-001 through -020, AP 060-210-001 through - 029 and AP 060-220-001 through -023, 71 lots and seven co~uaon areas, property located on both sides of Humboldt Road, one mile northeast of Butte Meadows, Butte Meadows area - action requested -- APPROVE FINAL MAP, ACCEPT EASEMENTS AS GRANTED IN ITEM B OF THE OWNER'S STATEMENT ON BEHALF OF THE PUBLIC, ACCEPT GRANT IN FEE SIMPLE OF HUMBOLDT ROAD AS OFFERED IN ITEM A OF THE OWNER'S STATEMENT, AND AUTHORIZE CHAIR TO SIGN SUBDIVISION AGREEMENT. 12. Norval Waste Systamn Inc. and Yuba Sutter Disposal, Inc. - file a claim for equitable indemnity, partial equitable indemnity, or contribution, against the County of Butte as a result of alleged injuries received at the solid waste transfer station on Ord Ranch Road in Gridley on or about October 2, 1993 - action requested - REJECT CLAIM FOR INDEMNITY, PARTIAL EQUITABLE INDEMNITY, OR CONTRIBUTION AND REFER TO COUNTY COUNSEL AND RISK MANAGER. 13. District Attorney - Board approval is requested to purchase for the Fasily Support Division a heavy duty paper shredder in the maximum amount of $1,513 (DEPARTMENT BUDGET) - action requested - APPROVE PURCHASE OF FIXED ASSET ITEM. 14. Request for proposal - voice mail system - a request for proposal has been prepared for replacement of the current CINDI system which is not operational and beyond economic repair - action requested - AUTHORIZE RELEASE OF REQUEST FOR PROPOSAL. Page 15 January 24, 1995 95-17 Jan~y~4, 1995 15. Notice of completion - Gridley Fire Station resodel - the project has been completed in accordance with the plans and specifications - action requested - APPROVE THE PROJECT AND AUTHORIZE FILING OF THE NOTICE OF COMPLETION. 16. Award of bid no. 38-95 - District Attorney vehicle lease - bid quotations have been received far the lease of a midsized automobile for the District Attorney's Child Abduction Unit with the low bidder being Hobbie Chevrolet of Oroville in the total amount of $17,297.92 -- action requested - AWARD BID TO HOBBIE CHEVROLET. 17. Award of bid no. F-28 - Environmental Health pickup truck - bids have been obtained for the purchase of a 1994 pickup truck for the Environmental Health Department with the low bidder being Hoblit Motors of Colusa in the mount of $9,525.62, plus tax and document fees - action requested - AWARD BID TO HOBLIT MOTORS. 18. Sheriff-Coroner - under the Federal Drug Interdiction Program, the County Sheriff's Office was competitively selected to receive five U.S. Army surplus OH 58 (Bell Jot Ranger) helicopters for use in the State funded Marijuana Eradication Program. On December 27, 1994 the Board accepted as fixed assets three of the five Bell Jet Ranger helicopters - action requested - AUTHORIZE ACCEPTANCE AS FIXED ASSETS THE TWO ADDITIONAL SURPLUS OH 58 (BELL JET RANGER) HELICOPTERS. 19. County Service Area No. 158 (Ishi Valley Estates) - the street lights and fire flow system in CSA No. 158 have bean installed and energized, and the owner of the development has requested that maintenance and operation costs be assumed by the service area. No funding was budgeted for fiscal year 1994-95 so it is necessary to provide funding by a $600 loan from the CSA Revolving Loan Fund - actian requested - APPROVE BUDGET TRANSFER B~108 AND ADOPT RESOLUTION 95-15 AND AUTHORIZE THE CHAIR TO SIGH. Page 17 January 24, 1995 95-17 January~~,1995 20. Adoption of a salary ordinance amendment allocating a fully funded Welfare Program Manager employee as the ISAWS Project Manager for a period of time (1- 24-95 to 1-23-96) that coincides with the completion of the case conversion process, and with the savings associated with this assignment, add a Staff Services system Specialist position to be assigned to the ISAWS project for the maintenance and technical support of the ISAWS computers and systems. No additional costs to be incurred this fiscal year as the requested staffing level change is expense neutral - action requested - ADOPT ORDINANCE 3174 AND AUTHORIZE THE CHAIR TO SIGN. (FROM 1-10-95} 21. Adoption of a salary ordinancQ amendment - Spousal Abuser Prosecution Program - the program provides three temporary full time positions for counseling, clerical and investigatory purposes - action requested - ADOPT ORDINANCE 3175 AND AUTHORIZE THE CHAIR TO SIGN. (FROM 1-10-95) 22. Introduction of a salary ordinance amendment - Department of Social Welfare/Interim Statewide Automated Welfare SystQm (ISAWS} - 1} eliminate the one remaining position of Principal Clerk which has been scheduled for elimination during the ISAWS implementation (the incumbent will be voluntarily placed in a vacant Office Assistant III/II/I position), and 2) reallocate an additional position of Welfare Support Services Supervisor (from salary savings of the eliminated Principal Clerk position) - action requested - WAIVE READING OF THE ORDINANCE. 23. Introduction of a salary ordinance amendment creating the position of Court Executive Officer of the Sutte County Superior and Municipal Courts pursuant to Goverhment Code Section 68114.6 (this is an at-will employee to be appointed by the courts). The salary range assignment is $60,000- $72,000 annually (reduced by 5~ in keeping with other County employees), allowing the courts the discretion and flexibility to appoint the incumbent at any point within this salary range commensurate with experience, and the discretion to change the salary within this range at any tine within the term of the contract. The salary ordinance further adds a new section and budget unit of Butte County Superior and Municipal Courts including one allocated position of Court Executive Officer - action requested - WAIVE READING OF THE ORDINANCE. Page 18 January 24, 1995 95-17 ,~nua ~4~ 1995 24. Resolution authorizing the collection of co-payment fees for inmate medical services - Senate Bill No. 163 (Presley} added Section 4011.2 to the Penal Code allowing the collection of $3 for each non- emergency and inmate initiated requests for medical services - action requested - ADOPT RESOLUTION 95- 16 ADOPTING THE PROVISIONS OF SENATE BILL N0. 163 ALLOWING THE COLLECTION OF FEES IN ACCORDANCE WITH THE GUIDELINES SET FORTH BY THE CALIFORNIA MEDICAL ASSOCIATION'S CORRECTIONS AND HEALTH CARE COMMITTEE. 25. Resolution proclaiming March a$ National Social Work Month - action requested - ADOPT RESOLUTION 95-17 AND AUTHORIZE THE CHAIR TO SIGN. 2b. Resolution recognizing and honoring Jeffrey Dalman Madden, forcer Code Enforcement Officer, who passed away on Thursday, December 29, 1994, far his unequaled dedication and outstanding contribution to the quality of life in Butte County - action requested - ADOPT RESOLUTION 95-18 AND AUTHORIZE THE CHAIR TO SIGN. 27. Resolution in honor of Mary Jane Perrucci upon her retirement from the District Attorney's office after 30 years of servicQ to the County of Butte - action requested - ADOPT RESOLUTION 95-19 AND AUTHORIZE THE CHAIR TO SIGN. 28. Dr. Dennis Ralston and Dr. Graham Foqq, Department of Land, Air and water Resources at U.C. Davis - proposed are two professional services agreements for participation in the Nitrate Advisory Committee with a cap of $20,000 (County Service Area No. 114 [Nitrate Action Plan]) far each agreement to cover the Life of their participation in this project - action requested - APPROVE AGREEMENTS AND AUTHORIZE THE CHAIR TO SIGN. 29. County Caunael - proposed is an agreement for county counsel services for a terms of four years expiring on December 27, 1998 with compensation at a rate of $73,888 per fiscal year in accordance with the County's salary ordinance - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. page 19 January 24, 1995 95-17 30. Butte County HouBinq Authority - in March of 1994, the Board provided authority to the Housing Authority to submit an application to the state Allocation Co~ourittee to receive a bond allocation for impleaentation of a Mortgage Credit Certificate (MCC) Program throughout the County. The MCC Program assists first-time home buyers. The success of the initial program has resulted in a request to support an application for an additional bond allocation in the amount of $4,000,000 which will be transferrQd to $1,800,000 in Mortgage Credit Certificates. The Housing Authority will assume all financial risk and administrative responsibility for the program - action requested - ADOPT RESOLUTION 95-20 APPROVING THE APPLICATION AND AUTHORIZE THE CHAIR TO SIGN. 31. Systems Computer Technology (SCT) - SCT has submitted a proposal in the amount of $25,000 to develop a software application for the District Attorney's Check Restitution and Prosecution Unit. The Computer Steering Committee, on January 4, 1995, addressed the issues of sole source provider versus bid process, funding of the project (monies generated from the program) and future maintenance of the system, and consequently voted unanimously to support thQ proposal - action requested - APPROVE BUDGET TRANSFER B-106 AND AUTHORIZE THE DISTRICT ATTORNEY TO ENTER INTO THE CONTRACT WITH SCT TO DEVELOP THE SOFTWARE APPLICATION. 32. Camp/McLaughlin - proposed is a lease and agreement for a Fire Department battalion office at 9418-A Midway, Durham for a period of five months commencing February 1, 1995 in the monthly amount of $250 (DEPARTMENT BUDGET) - action requested - APPROVE BUDGET TRANSFER B-99 AND LEASE AND AGREEMENT AND AUTHORIZE THE VICE CHAIR TO SIGN. 33. State Department of Toxic Substances Control/California Environmental Protection Agency (EPA) - under tangs of the proposed agreement (no. 94-T0699), the County agrees to provide a specialized team of personnel to respond to hazardous saterials esergencies or potential emergQncias, and to purchase hazardous materials emergency response equipment which shall be used by the Fire Department's Hazardous Materials Unit. The County of Butte has received, over the past seven years, four grants of money from the Department of Toxic Substances Control/EPA. Under the proposed agreement, the grant amount is $21,000 - action requested - ADOPT RESOLUTION 95-21 APPROVING AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. Page 20 January 24, 1995 95-17 J~~y 2~f 1995 34. State Department of Health Services - Immunization Project Agreement No. 94-20796 - proposed is an agreement wherein the State will make available 100$ State funding in the amount of $72,049 to cover specific activities that will raise the immunization levels of infants, preschool-age and school-age children - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. 35. 1994-95 Rural Health Services Program - proposed is an agreement with the State Department of Health Services which wakes available $285,428 (100$ State) (hospital allocation/$74,431; physician allocation/$21,682; other allocation/$23,767; and child treatment allocation/$165,548) that can be utilized by hospitals and physicians to partially offset the cost of providing uncompensated medical care to County residents. A portion of the funds are utilized to provide medical treatment services to children diagnosed with problems in the Child Health and Disability Prevention (CHDP) Program - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. 3&. 1495-96 Funding Application for the Maternal and Child Health Program - the county's Department of Public Health is applying for $157,452 (100$ State) that will be utilized to enhance services to mothers and children rosidinq in Butte County - action requested - APPROVE THE 1995-96 FUNDING APPLICATION. 37. Neai Road Landfill Company - Federal and State regulations require that landfill gas monitoring be implemented at the Neai Road Landfill. Neal Road Landfill Company, the landfill operator, has submitted a letter proposal to have their engineer, James A. Wyse, Inc., provide the services for a one year period - action requested - APPROVE LETTER PROPOSAL AND AUTHORIZE PUBLIC WORKS TO DIRECT HEAL ROAD LANDFILL COMPANY TO PROCEED WITH THE WORK AT A COST NOT TO EXCEED $3,000 (HEAL ROAD LANDFILL MANAGEMENT FUND) WITHOUT PRIOR PUBLIC WORKS' APPROVAL SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. Page 21 January 24, 1995 95-1Z January 24. 1995 38. Neal Road Landfill Company - Federal and State regulations require that procedures for excluding prohibited waste be implemented at the Neal Road Landfill. Neal Road Landfill Company, the landfill operator, has submitted a letter proposal to provide the services which include retaining a full-time hazardous waste control coordinator, employee training, conducting prohibited waste load checks, removal of detected hazardous waste, incoming load screening and distribution of education material, along with monitoring of the landfill recycling center for a one year period - action requested - APPROVE LETTER PROPOSAL AND AUTHORIZE PUBLIC WORKS TO DIRECT NEAL ROAD LANDFILL COMPANY TO PROCEED WITH THE WORK, AT A COST NOT TO EXCEED $55,000 (HEAL ROAD LANDFILL MANAGEMENT FUND) WITHOUT PRIOR PUBLIC WORKS APPROVAL SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR- CONTROLLER. 39, Metcalf ~ Eddy - in 1994 a water quality verification monitoring program was developed and implemented at the Neal Road Landfill. The resulting report indicates through statistical analysis the possibility of offsite ~rigration of leachate from the landfill and that the existing system of walla ryas insufficient to adequately monitor groundwater under present conditions. Based upon the report, thQ Regional Water Quality Control Board (RWQCB) has directed a corrective action prograa be developed to provide additional monitoring and to impl®ment means to prevent further leachate migration. The firm of Metcalf & Eddy, which provides water qual~.ty monitoring at the landfill and which prepared and implemented the verification monitoring, has submitted a letter proposal to develop the corrective action plan - action requested - APPROVE LETTER PROPOSAL AND AUTHORIZE PUBLIC WORKS TO DIRECT METCALF ~ EDDY TO PROCEED WITH THE WORK AT A C05T NOT TO EXCEED $9,140 (HEAL ROAD LANDFILL MANAGEMENT FUND) WITHOUT PRIOR PUBLIC WORKS APPROVAL SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. Page 22 January 24, 1995 95-17 ,~~nuary 24, 1995 40. Carl Rickards - proposed is a lease and agreement for office space at 260-E Cohasset Raad, Chico to house the aerged County Mental Health Business and Alcohol and Druq Service Business Offices commencing April 1, 1995 and terminating on September 30, 1998. The maximum amount of the 1994-95 fiscal year lease is $7,500 (funded with savings from the building being vacating as well as the savings created by not leasing office space for a second business office) - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTX COUNSEL AND THE AUDITOR-CONTROLLER. 41. California Department of Social Services (CDSS} - the Footer Care Initiative, Assembly Bill 2129 (Chapter 1089, Statutes of 1993) was implemented in order to expand foster parent training and to provide specialized training for foster parents caring for children with special care needs. In addition, this funding is provided to increase efforts in recruiting foster families, specifically minority foster families and families willing to accept sibling placements. The CDSS is making $33,621 available through the end of fiscal year 1994-95. The County's Welfare Department has completed the required training plan, which has been approved by CDSS, and is requQStinq Board approval of the increased appropriation in the Children Services Budget (570-004-536} to provide for contracted training and recruitment activities with no additional staffing - action requested - APPROVE BUDGET TRANSFER B-110 APPROPRIATING UNANTICIPATED REVENUE. 42. California Department of Social Services - SB 370 (Chapter 1294, Statutes of 1989) provides for Aid to Families with Dependent Children-Foster Care (AFDC-FC) five percent specialized care incentives and assistance program (SCIAP) for fiscal year 1994-95. The County's Welfare Department is requesting an additional $25,936 appropriation to provide for 100 reimbursed State funding for special need foster children. This is a one year program - action requested - APPROVE BUDGET TRANSFER B-109 APPROPRIATING UNANTICIPATED REVENUE TO THE CHILDREN'S SERVICES DIVISION PROFESSIONAL SERVICES SCIAP ACCOUNT. Page 23 January 24, 1995 95-17 January 24. 1995 43. Annual Inspection of Juvenile Detention Facilities - William R. Patrick, Judge of the superior Court, submits the Annual Inspection Report in accordance with Section 209 of the Welfare and Institutions Code - action requested - ACCEPT FOR INFORMATION. 44. Sheriff-Coroner - an extra help Sheriff's Clerk III (at $9.50 per hour, step 1 of the salary range) with the department since December 31, 1992 has been offered a position of Sheriff's Clerk II in the Incarceration Division - action requested - BOARD AUTHORIZATION TO HIRE A SHERIFF-CLERK II AT $9.46 PER HOUR, STEP 3 OF THE SALARY RANGE. MOTION: I MOVE TO APPROVE THE CONSENT AGENDA WITH A CORRECTION TO ITEM 3.06 AND REMOVAL OF ITEM 3.41. M S VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) (CHAIR McLAUGHLIN ABSTAINED FROM THE VOTE ON ITEM 3.32) 95-18 Presentation of Resolution No. 95-19 in honor of Mary Jane Perucci upon her retirement from the District Attorney's Office after 30 years of service to the County of Butte. (PRESENTATION BY CHAIR McLAUGHLIN) 95-19 Presentation to the family of Jeffrey Dalman Madden. {PRESENTATION TO MICHELLE MADDEN BY BILL FARREL, DIRECTOR OF DEVELOPMENT SERVICES, OF A PLAQUE AND RESOLUTION NO. 95-18 BY CHAIR MCLAUGHLIN RECOGNIZING AND HONORING JEFFREY DALMAN MADDEN, FORMER CODE ENFORCEMENT OFFICER, WHO PASSED AWAY ON THURSDAY, DECEMBER 29, 1994, FOR HIS UNEQUALED DEDICATION AND OUTSTANDING CONTRIBUTION TO THE QUALITY OF LIFE IN BUTTE COUNTY) 95-20 Appointments - commissions and committees. a. Appointments to committee vacancies. (NONE} Paga 24 January 24, 1995 95-21 Update on Sacramento legislativa and budget activities. A. Report on State budget - action requested - ACCEPT FOR INFORxATION (REPORT BY DALE WAGERxAN, COUNTY IAHHYIST); B. Legislative Platform - action requested - ADOPT LEGISLATIVE PLATFORx (DALE WAGERMAN); AND MOTION: I MOVE TO ADOPT THE LEGISLATIVE PLATFORM AMENDED TO INCLUDE MANDATED PUBLIC HEALTH SERVICES INCLUDING LABORATORIES. s x VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) C. Request to introduce legislation - action requested - ADOPT MOTION IN SUPPORT OF INTRODUCTION OF LEGISLATION BY SENATOR TIM LESLIE TO PROVIDE PROPERTY TAX SHIFT RELIEF TO BUTTE COUNTY OF $1.726 MILLION, REPRESENTING THE SECOND HALF OF THE RELIEF OFFERED BY AB 1519 FROx 1993. MOTION: I xOVE TO ADOPT A MOTION IN SUPPORT OF INTRODUCTION OF LEGISLATION HY SENATOR TIM LESLIE (SB 124) TO PROVIDE PROPERTY TAX SHIFT RELIEF TO BUTTE COUNTY OF $1.72fi MILLION, REPRESENTING THE SECOND HALF OF THE RELIEF OFFERED HY AB 1519 FROM 1993. s x VOTE: l Y 2 X 3 Y 4 Y 5 Y (Unanimously Carried) 95-22 Flood disaster - action requested: A. REPORT•BY CHAIR McLAUGHLIN, CHIEF ADMINISTRATIVE OFFICER JOHN BLACKLOCK AND EI~RGENCY SERVICES OFFICER HIKE xADDEN; AND (REPORT BY xIKE MADDEN, EMERGENCY SERVICES OFFICER) H. ADOPT RESOLUTION/PROCLAxATION OF TERtiINATION OF LOCAL EMERGENCY AND AUTHORIZE THE CHAIR TO SIGN. (578) MOTION: I xOVE TO ADOPT RESOLUTION N0. 95-22 EXTENDING THE EXISTENCE OF A LOCAL EI~iERGENCY AND RESOLUTION NO. 95-23 DESIGNATION OF APPLICANT'S AGENT (xIKE MADDEN, EMERGENCY SERVICES COORDINATOR; STARLYN BROWN, ASSISTANT CHIEF ADMINISTRATIVE OFFICER; AND DAVE KELLEY, ASSISTANT AUDITOR-CONTROLLER) S x VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) Paqe 25 January 24, 1995 95-23 Butte County Animal Control Advisory Board - action requested: A. ADOPTION OF A RESOLUTION AMENDING COMPOSITION OF THE BUTTE COUNTY ANIMAL CONTROL ADVISORY BOARD; AND B. FORMAL APPOINTMENT OF ADVISORY BOARD MEMBERS KATHRYN F. MCKENZIE, NORTH VALLEY VETERINARY MEDICAL ASSOCIATION; CHARLENE PLUMB, PROMOTION OF ANIMAL WELFARE SOCIETY; DeDe STERLING, BIDWELL WILDLIFE REHABILITATION CENTER; TOM DONATI, BUTTE COUNTY CATTLEMEN'S ASSOCIATION; MERRY S. JOHNSON, NORTHWEST SOCIE'T'Y FOR THE PREVENTION OF CRUELTY TO ANIMALS; CAROL COOPER, BUTTE HUMANE SOCIETY; MARGERY TAYLOR, BUTTE COUNTY FARM BUREAU; AND LOIS PANTEL, PUBLIC MEMBER NOT AFFILIATED WITH MEMBER ORGANIZATIONS. (986} MOTION: I MOVE TO A) ADOPT RESOLUTION NO. 95-24 AMENDING COMPOSITION OF THE BUTTE COUNTY ANIMAL CONTROL ADVISORY BOARD; AND B} APPOINTMENT OF ADVISORY BOARD MEMBERS KATHRYN F. MCKENZIE, NORTH VALLEY VETERINARY MEDICAL ASSOCIATION; CHARLENE PLUMB, PROMOTION OF ANIMAL WELFARE SOCIETY; DeDe STERLING, BIDWELL WILDLIFE REHABILITATION CENTER; TOM DONATI, BUTTE COUNTY CATTLEMEN'S ASSOCIATION; MERRY S. JOHNSON, NORTHWEST SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS; CAROL COOPER, BUTTE HUMANE SOCIETY; MARGERY TAYLOR, BUTTE COUNTY FARM BUREAU; AND IRIS PANTEL, PUBLIC MEMBER NOT AFFILIATED WITH MEMBER ORGANIZATIONS. M s VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried} 95-24 Public hearing - to solicit comments rwgarding the final Grantee Performance Report for tho State of California, Housing and Community Development Department, Community Development Block Grants No. 92-EDBG-297 and No. 93-EDBG- 220. (1020) (PUBLIC HEARING HELD) Page 26 January 24, 1995 RECESS: 9:5a A.M. RECONVENE: 10:13 A.K. 95-25 Continued hearing -- Blakeley Western - consideration of a General Plan Amendment to the text and map of the Land Use Element (draft environmental impact report has been prepared) changing the designation from Grazing and Open Lands and Low Density Residential to Industrial, Commercial, Medium Density Residential, Low Density Residential, and Public for property zoned "U" (Unclassified), "R-1" (Residential), and "A-40" (Agricultural-40 acre parcels), property located along the went Bide of Highway 99, north of Neal Road and along the east side of Oroville, Chico Highway north of Neal Road, identified as AP 040-050-024, -054, -064, -067; oao-l2o-019, south Chico area. (1067) (**oo) (***oo) (****oo) (CHAIR McLAUGHLIN NOT PRESENT/CHAIR McLAUGHLIN PRESENT) (SUPERVISOR THOMAS NOT PRE.SENT/SUPERVISOR THOMAS PRESENT) RECESS: 2:15 P.K. RECONVENE: 3:42 P.M. 95-25 Continued hearing - Blakeley Western - consideration of a General Plan Amendment to the text and map of the Land Use Element {draft environmental impact report has been prepared) changing the designation from Grazing and Open Lands and Low Density Residential to Industrial, Commercial, l~iedium Density Residential, Low Density Residential, and Public for property zoned "U" (Unclassified), "R-1" {Residential), and "A-40" (Agricultural-40 acre parcels), property located aionq the west side of Highway 99, north of Neal Road and along the east side of Oroville, Chico Highway north of Neal Road, identified as AP 040-050-024, -054, -064, -067; 040-120-019, south Chico area. {****87) Page 27 January 24, 1995 95-25 MOTION: I MOVE TO REFER THIS APPLICATION TO THE DIRECTOR-DEVELOPliF.NT SERVICES TO RETURN TO THE BOARD AT A FUTURE DATE WITH LANGUAGE FOR FURTHER CONSIDERATION TO INCLUDE 1} THAT ANY DEVELOPMENT OF THE PROPERTY BE PRECEDED BY SUBMITTAL BY THE APPLICANT AND APPROVAL BY THE COUNTY OF A SPECIFIC PLAN AND ZONING; 2) THE SITE SHALL BE EXTENSIVELY LANDSCAPED AND SCREENED FROM HIGHWAY 99 AND ALL ADJACENT PROPERTIES; 3) SINCE THIS PROJECT IS BEING TOUTED AS A "JOBS CREATION PROJECT", DEVELOPMENT SHALL PROCEED IN A PHASED SEQUENCE IN WHICH THE RESEARCH PARK IS DEVELOPED FIRST. CHICO HAS A LARGE INVENTORY OF EXISTING HOUSES. ALSO, THERE IS AT LEAST THREE OTHER MAJOR RESIDENTIAL DEVELOPMENTS PROPOSED FOR THIS GENERAL VICINITY. ALL OF THOSE PROPOSED DEVELOPMENTS AND THIS PROPOSAL'S HOUSING PLAN SHOULD BE IOOKED AT IN A MANNER THAT PROVIDES A BIGGER PICTURE THAN JUST INDIVIDUAL PROJECTS; 4) THE PROJECT SHALL HAVE NO ADVERSE IMPACT ON EXISTING DRAINAGE CONDITIONS AND SHOULD SEEK TO IMPROVE THE IMMEDIATE AREA; 5) THE BALANCE OF THE PROJECT SHALL NOT BE DEVELOPED UNTIL THERE IS A GRADE SEPARATED FREEWAY INTERCHANGE. THE COUNTY SHALL NOT SHARE IN ITS COST. THE APPLICANT MAY RECEIVE SOME LEVEL OF COST SHARING THROUGH AGREEMENTS WITH FUTURE DEVELOPERS IN THE AREA AT SUCH TIME AS OTHER PROJECTS OCCUR; 6) A DESIGN CHARACTER STUDY SHALL BE INCLUDED IN THE SPECIFIC PLAN THAT WILL ENSURE PROVISION OF WELL CONCEIVED AND HARMONIOUS BUILDINGS, AND SHALL BE COORDINATED WITH A COMPREHENSIVE LANDSCAPING, LIGHTING AND SIGNING PROGRAM; 7) BUFFERS SHALL BE ESTABLISHED WITHIN THE PROPERTY CONSISTING OF LANDSCAPED SETBACKS OR OPEN SPACE SUFFICIENT TO RESOLVE ANY POTENTIAL CONFLICTS WITH THE CONTINUATION OF COMMERCIAL FARMING ON THE OTHER SIDE OF ORO-CHICO HIGHWAY; $) THE NAME OF THE PROJECT SHALL BE CHANGED TO SOMETHING THAT IS MORE HARMONIOUS TO THE CULTURE OF CHICO; 9} THE USE OF THE TERM "INDUSTRIAL PARK" IN THIS APPLICANT SHALL BE STRICKEN, AND SHALL BE SUBSTITUTED WITH "RESEARCH PARK" OR "ADVANCED TECHNOLOGY PARK"; 10) THE ISSUE OF THE GREENLINE AND SCHOOL DISTRICT BOUNDARIES ARE UNRESOLVED. M VOTE: 1 2 3 4 5 (Nation diesf lack of second) Page 28 January 24, 1995 95-25 MOTION: I MOVE FOR A MOTION OF INTENT TO APPROVE THE APPLICANT'S PROJECT SUBJECT TO A SPECIFIC PLAN BEING BROUGHT BACK TO THE HOARD FOR APPROVAL THAT WOULD ADDRESS THOSE ISSUES THAT STAFF AND SUPERVISOR ROUX HAVE BROUGHT FORTH. S M VOTE: 1 2 3 4 5 (Motion Withdrawn) MOTION: I MOVE FOR A MOTION OF INTENT SUBJECT TO A SPECIFIC PLAN BEING APPROVED BY THE BOARD THEN THE GENERAL PLAN IS ALSO APPROVED SUBJECT TO RESOLUTION OF ISSUES AS ENUMERATED IN SUPERVISOR ROUX' MOTION AND GREENLINE AND SCHOOL DISTRICT BOUNDARIES. M S VOTE: 1 2 3 4 5 (Secor-d Withdrawn} MOTION: I MOVE FOR APPROVAL OF THE GENERAL PLAN AMENDIdENT . M VOTE: 1 2 3 4 5 (Motion dies:/lack of second) MOTION: I MOVE TO UPHOLD THE PLANNING COMMISSION'S DENIAL OF THIS GENERAL PLAN AMENDMENT AND ENCOURAGE THE APPLICANT TO WORK WITH THE COUNTY ON THE GENERAL PLAN UPDATE THAT IS IN PROGRESS. M S VOTE: l Y 2 Y 3 N 4 Y 5 N (Kotion Carried) Regular Agenda 95-26 Sheriff-Coroner - Vehicle Replacement Proposal - action requested - THE CHIEF ADMINISTRATIVE OFFICER RECOMMENDS APPROVAL OF OPTION NO. 3, ACQUISITION OF SIXTEEN VEHICLES. (1321) MOTION: I MOVE TO APPROVE OPTION N0. 3, ACQUISITION OF SIXTEEN VEHICLES, AND DIRECT THE ADMINISTRATIVE OFFICE TO WORK WITH THE SHERIFF-CORONER ON A VEHICLE REPLACEMENT POLICY {REPLACIIIENT ON A YEAR-BY-YEAR BASIS AS PART OF THE REGULAR, ONGOING BUDGET OPERATIONS OF THE SHERIFF'S OFFICE.) M S VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) Page 29 January 24, 1995 95-27 A MATTER ON WHICH A PUBLIC HEARING HAS BEEN HELD - Butte County Planning Copmission - consideration of a code amendment (negative declaration regarding environmental impacts has been recamnended} amending Chapter 24, Comprehensive Zoning Ordinance of the Butte County Code. The amendment is to codify the past zoning interpretations, update derinitions, wording and uses, simplify permitting procedures, and modify certain provisions regarding allowed uses. The amendment would apply to unincorporated areas Countywide - action requested - FINDINGS AND ACTIONS AS SPECIFIED IN THE DEVELOPMENT SERVICES REPORT OF JANUARY 3, 1995. (1450) MOTION: I MOVE TO ADOPT THE AMENDMENTS TO CHAPTER 24 OF THE BUTTE COUNTY CODE AND A) FIND THAT A NEGATIVE DECLARATION HAS BEEN PREPARED IN COMPLIANCE WITH THE REQUIREMENTS OF CEQA AND HAS BEEN INDEPENDENTLY REVIEWED, ANALYZED, AND CONSIDERED AND REFLECTS THE INDEPENDENT JUDGEMENT OF THE COUNTY OF BUTTE; B) ADOPT A NEGATIVE DECLARATION REGARDING ENVIRONMENTAL IMPACTS; C) ADOPT ORDINANCE 3176 (GORREGTED PAGES 1 AND 2) AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE COUNTY OF BUTTE, HORE SPECIFICALLY CHAPTER 24 AS PRESENTED IN EXHIBIT A; AND D) INITIATE PRECISE ZONING AMENDMENTS FOR THE PROPERTIES THAT WILL BE AFFECTED BY THE ELIMINATION OF THE RMH, R-1 A6C AND A2 LTD. ZONING CLASSIFICATIONS. S M VOTE: 1 N 2 Y 3 Y 4 Y 5 Y (Notion Carried} 95-28 items removed from the Consent Agenda for Board consideration and action. 1. State Department of Alcohol and Druq Programs (ADP) Drug/Medi-Cal contract - ADP, by authority of an interagency agreement with the Department of Health and Human Services, has accepted the County Kental Health, Alcohol and Drug Services' Medi-Cal Proposal for fiscal year 1994-95 (anticipated revenue $624,442). The proposal is to capture Federal Drug/Medi--Cal dollars for services provided by the County's two certified Drug/Medi-Cal providers - Butte County Rental Health, Alcohol and Drug services and the County's contracted perinatal service provider, Enloe Hospital "Touchstone" - action requested - APPROVE CONTRACT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (NO ACTION TAKEN} Page 30 January 24, 1995 95-29 Public Comment. (PRESENTATIONS WILL BE LIMITED TO FIVE MINUTES. THE BOARD OF SUPERVISORS IS PROHIBITED BY STATE LAW FROM TAKING ACTION ON ANY ITEM PRESENTED IF IT IS NOT LISTED ON THE AGENDA.) 1. Vern Chadwick, Oroville - timing of when information on the agenda is available. 2. Harold Galliett, Oroville - his research on floods, flow frequency calculations. 95-30 CLOSED SESSION: The Board recessed at 5:00 p.m. to a closed session with legal counsel regarding existing litigation pursuant to Government Coda Section 54956.9{a) (Butterfield v. County of Butte [a workers' compensation claim], and Janney v. County of Butte.) RECONVENE: The Board reconvened at 5:15 p.m. following a closed session with legal counsel regarding existing litigation pursuant to Goverru~ent Code Section 5495b.9(a) (Butterfield v. County of Butte [t~ workers' compensation claim], and Janney v. County of Butte.) (NO ANNOUNCEMENTS) 95--31 communications Communications received and referred. (COPIES OF ALL COMMUNICATIONS ARE AVAILABLE IN THE CLERK OF THE BOARD OFFICE) a. Patricia C. Esgra, Chisf Deputy Legal Affairs Secretary, Governor's Office - responds to Chair McLaughlin's letter to the Governor concerning Indian gaming. (REFER TO COUNTY COUNSEL) Page 31 January 24, 1995 AU7oURNMENT: There being no further business before the Board, the meeting was adjourned at 5:15 p.m. to reconvene at 9:00 a.m. on Tuesday, February 14, 1995. C i ED McLAUGHLIN, Chair Butte County and of Supervisors ATTEST: JOHN S. BLACKLOCK, Chief ~-dministrative Officer and Clerk of t Board of Supervisors By: Page 32 January 24, 1995