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HomeMy WebLinkAboutM041498MINUTES April 14, 1998 R.J. BEELER,1 st District JANE DOIAN, 2nd District MARY ANNE ROUX 3M Distrid CURT JOSIASSEN, 4th District FRED C. DAMS, 5th District Call to order - Board of Supervisors room, County Administration Building, 25 County Center Drive, Oroville. Present: Supervisors Beeler, Dolan, Houx, Josiassen and Chair Davis. John S. Blacklock, Chief Administrative Officer; Neil H. McCabe, Assistant County Counsel; and Carol Roach, Assistant Clerk of the Board. Pledge of allegiance to the Flaq of the United States of America. Invocation - Pastor Ron Graves, Oroville Christian Church, Oroville. {Not Present) 98-110 Items removed from the Consent Agenda for Board consideration and action. 1. Introduction of An Ordinance Establishing Speed Limits on Certain Roads Within the County of Butte- engineering and traffic surveys, in accordance with the California Vehicle Code, have been performed on various segments of Butte County roads in order to establish reasonable speed limits enforceable by the California Highway Patrol by use of radar. Proposed is the establishment of speed zones on segments of the Skyway and Oroville Quincy Highway as follows: 1. Skyway (Potter Drive to 1.2 miles east) - 45 miles per hour, and 1.2 miles east of Potter Drive to Skyway Crossroad - 55 miles per hour; 2. Oroville Quincy Highway (Encina Grande Road to Bald Rock Road) - 35 miles per hour - action requested - WAIVE READING OF ORDINANCE. 2. Resolution Declaring Three-Way Stop Intersection - Entler Avenue at Gold Circle Way (Vehicle Code Section 21354) - action requested - (1) APPROVE A STUDY BY PUBLIC WORKS TO DETERMINE THE TRAFFIC CALMING EFFECTS OF STOP SIGNS ON ENTLER AVENUE AND TO INVESTIGATE THE IMPACTS FROM THE PROPOSED IMPROVEMENTS AT THE TERMINI OF ENTLER AVENUE; AND (2) ADOPT A RESOLUTION TO PLACE STOP SIGNS ON ENTLER AVENUE AT THE INTERSECTION OF GOLD CIRCLE WAY AND AUTHORIZE THE CHAIR TO SIGN. (NO ACTION TAKEN) Page 111 April 14, 1998 April 14, 1998 Consent Agenda 98-111 1. Amendment of minutes of March 10, 1998 - action requested - AMEND MOTION FOR BRUCE ROE CONTINUED HEARING (MINUTE ORDER 98-84) AS FOLLOWS: "SUBJECT TO ENVIRONMENTAL FINDINGS A-C, AND GENERAL PLAN AND ZONING FINDING A (STAFF MEMORANDUM DATED MARCH 10, 1998), I MOVE TO ADOPT A NEGATIVE DECLARATION, ADOPT ORDINANCE 3402 REZONING TO A-20, AND ADOPT RESOLUTION 98-45 FOR A CONDITIONAL ZONING AGREEMENT ....................." 2. Approval of minutes - action requested - APPROVE MINUTES OF MARCH 24, 1998, AND MARCH 31, 1998. 3. Budget transfers - action requested - APPROVE BUDGET TRANSFER B-239 (COUNTY CLERK-RECORDER), BUDGET TRANSFER B-238 COUNTY CLERK-RECORDER/ ELECTIONS), AND 8- 240 (PERSONNEL/APPROPRIATION FOR CONTINGENCIES [4/5 VOTE REQUIRED]). 4. County Library donations - in accordance with Government Code Section 25355, donations of $1,618.73 from Chico Friends of the Library and $100 from AAUW-Oroville Branch, have been received for the Butte County Trust Fund for the purchase of books - action requested - ACCEPT DONATIONS AND AUTHORIZE LETTERS OF APPRECIATION. 5. County Library-Chico Branch - public service hours - the Director-Libraries requests that the Board accept, acknowledge and appropriate a $4,000 donation from the Chico Friends of the Library (Continuing Operation Trust Fund) for the Chico branch Library public service staff hours - action requested - APPROVE BUDGET TRANSFER B-241; APPROVE LETTER OF APPRECIATION AND AUTHORIZE THE CHAIR TO SIGN. 6. Gridley - Biggs Cemetery District - action requested - REAPPOINT JOE HUGHES TO A TERM TO EXPIRE MAY 1, 2002. 7. Francis L. Carmichael (Charles M. Mason} - tentative cancellation of a Land Conservation Act agreement, withdrawal of all that certain real property owned by Charles M. Mason (Francis L. Carmichael) situated in the County of Butte, State of California, described by Assessor's Parcel Numbers 031-030-029 and 031-060-001, approved by the Board at its meeting of November 12, 1996, subject to the payment of cancellation fees in the amount of $39,187. The Assessor has notified the Board of receipt of said cancellation fees - action requested - AUTHORIZE THE CHIEF ADMINISTRATIVE OFFICER TO EXECUTE THE CERTIFICATE OF CANCELLATION AND DIRECT THE CLERK OF THE BOARD TO CAUSE SUCH CERTIFICATE OF CANCELLATION TO BE RECORDED WITH THE COUNTY CLERK-RECORDER. Page 112 April 14, 1998 April 14. 1998 98-111 8. California State Rural Health Association - the Department of Behavioral Health has received a telecommunications project award in the amount of $1,990 from the California State Rural Health Association for the purpose of purchasing a computer ($1,750) and Internet access ($240) - action requested - APPROVE BUDGET TRANSFER B-242 ACCEPTING AND APPROPRIATING UNANTICIPATED GRANT REVENUE, AND AUTHORIZE PURCHASE OF FIXED ASSET ITEM. 9. Award of Bid No. 105-98 - Fire Department -bids have been opened for the purchase of a utility truck body for the Fire Department with the low bidder meeting specifications being 3T Equipment Company in the amount of $13,604.67, including sales tax - action requested - AUTHORIZE PURCHASE OF FIXED ASSET ITEM AND AWARD BID. 10. Award of Bid No. 120-98 - Social Welfare Department - bids have been opened for the purchase of a cargo van for the Social Welfare Department with the low bidder being Corning Ford in the amount of $17,599.68, including tax and Department of Motor Vehicles fees - action requested - AWARD BID. 11. Award of Bid No. 121-98 - Print Shop - bids have been opened for the purchase of an offset press for the Print Shop with the low bidder being A. B. Dick Products Company of Chico in the amount of $21,279.61, including discount, taxes and trade-in allowance - action requested - AWARD BID. 12. Award of Bid - Information Services Department - bid quotations have been received for the purchase of Sniffer Pro LAN Suite diagnostic software for the Information Services Department with the low bid being Quest Media and Supplies, Inc., in the amount of $11,802.36, including tax - action requested - AWARD BID. 13. County Clerk-Recorder - Board authorization is requested to purchase the computer equipment needed to install a public access server component to the Recorder's Information and Image Management System (RiiMS) in an amount not to exceed $14,500 (Recorder's Systems Trust Fund). This server will allow public/outside agencies access to information and images on RiiMS - action requested - APPROVE BUDGET TRANSFER B-243, AND AUTHORIZE PURCHASE OF FIXED ASSET ITEM. 14. Resolution Approving an Application and Contract Execution for Funding from the Community Facilities Grant Program from the United States Department of Agriculture (USDA) Rural Development, and Authorizing Execution of the Various Required Grant Agreement and Document - action requested - ADOPT RESOLUTION 98-56 AND AUTHORIZE THE CHAIR TO SIGN. Page 113 April 14, 1998 April 14, 1998 96-111 15. Adoption of a salary ordinance amendment adding a new classification of Manager-Purchasing Services, salary range 1271, monthly equivalent $4,566 (Department budget) to the Administrative-Purchasing budget unit in place of the new classification of Purchasing Officer (salary range 1171, monthly equivalent $2,904) approved in the 1997-96 final budget - action requested - ADOPT ORDINANCE 3410 AND AUTHORIZE THE CHAIR TO SIGN. (FROM 3-24-98) 16. Adoption of a salary ordinance amendment - Department of Behavioral Health - extending the term position of Mental Health Counselor II associated with a grant from the Department of Community Services and Development for a Mentor Program through June 30, 1998, (Department budget), and adding a term position of Mental Health Counselor III, II, I effective July 1, 1998, through June 30, 2000, (State Department of Alcohol and Drug Programs grant/Department budget) - action requested - ADOPT ORDINANCE 3411 AND AUTHORIZE CHAIR TO SIGN. (FROM 3-24- 98) 17. Adoption of a salary ordinance amendment - Consolidated Courts - adding one term position of Court Services Coordinator II (Drug Court grant from the Judicial Council of California/Department budget) to expire December 31, 1998 - action requested - ADOPT ORDINANCE 3412 AND AUTHORIZE THE CHAIR TO SIGN. (FROM 3-24-98) 18. Adoption of a salary ordinance amendment - District Attorney-Criminal Division - adding one full time term position to end March 31, 2001, of Mental Health Counselor, and one-half time (.5) term position to end March 31, 2001, of District Attorney Investigator II, I (State Violence Against Women Vertical Prosecution Program grant/Department budget) - action requested - ADOPT ORDINANCE 3413 AND AUTHORIZE THE CHAIR TO SIGN. (FROM 3-24-98) 19. Adoption of a salary ordinance amendment flexibly staffing one clerical position (Sheriff-Coroner - Operations) of Sheriff's Clerk II, I as Sheriff's Clerk III, II, and one clerical position (Sheriff-Coroner - Special Enforcement Unit) of Sheriff's Clerk III as Sheriff's Clerk III, II. Flexibly staffing these positions will allow the department greater flexibility in the selection and training of clerical staff - action requested - ADOPT ORDINANCE 3414 AND AUTHORIZE THE CHAIR TO SZGN. (FROM 3-24-98) Page 114 April 14, 1998 April 14, 1998 98-111 20. Adoption of a salary ordinance amendment adding seven positions (Ca1WORKs funding/two Welfare Staff Analyst, one Eligibility Training Technician, one Information Systems Technician IZI, II, I, one Social Worker Supervisor I, one Social Worker III, II and one Eligibility Worker III) justified by the implementation of the Ca1WORKs Program, and three positions (Department budget/two Secretary II, I and one Courier/Stock Clerk) necessary to reorganize administrative functions with relocation of management staff at One County Center Drive, 42 County Center Drive, and 2445 Carmichael Drive, Chico - action requested - ADOPT ORDINANCE 3415 AND AUTHORIZE THE CHAIR TO SIGN. (FROM 3-24-98) 21. Adoption of a salary ordinance amendment adding to the Behavioral Health budget unit four positions of Mental Health Clinician II, I, four positions of Mental Health Counselor III, II, I, two positions of Medical Record Technician II, I, and two positions of Auditor-Accountant II, I (Ca1WORKs Program) - action requested - ADOPT ORDINANCE 3416 AND AUTHORIZE THE CHAIR TO SIGN. (FROM 3- 24-98) 22. Adoption of a salary ordinance amendment adding to the District Attorney-Welfare Fraud budget unit two positions of District Attorney Investigator II, I, and two positions of Office Assistant II, II, I (1996/97 Greater Avenues to Independence (GAIN)/ Ca1WORKs revenue/ 50$ Federal/50~ State) - action requested - ADOPT ORDINANCE 3417 AND AUTHORIZE THE CHAIR TO SZGN. (FROM 3- 29-98) 23. Resolution in appreciation of Daniel Young on his retirement after 29 years of service as a law enforcement officer with the Butte County Sheriff's Department - action requested - ADOPT RESOLUTION 98-57 AND AUTHORIZE THE CHAIR TO SIGN. 24. Public Guardian - proposed is an employment contract for the Public Guardian, the only Board appointed department head not currently covered by an employment contract. The contract provides for a three year term, compensation at her current salary level of $48,729 annually, and a $100 per month mileage allowance - action requested - APPROVE CONTRACT AND AUTHORIZE THE CHAIR TO SIGN. Page 115 April 14, 1998 April 14. 1998 98-111 25. Families for Literacy Program Services Grant - the California State Library has requested applications for Families for Literacy Program funding from the California Library Services Act (Education Code Section 18735) for continuing participation in this service in fiscal year 1998/99. Funds are to be used for materials and staff to address the problems of intergenerational illiteracy in eligibility adult learner families - action requested - APPROVE GRANT APPLICATION AND AUTHORIZE THE DIRECTOR- LIBRARIES TO SIGN. 26. E1 Medio Fire Protection District - forwards resolution R-1-98 calling and providing for notice of a special election by mail-in ballot to be held in said District on July 14, 1998, for the purpose of submitting to the qualified voters of the District the question of the adoption of a special tax increase for fire protection and prevention at a cost to be reimbursed by the District - action requested - AUTHORIZE THE COUNTY CLERK-RECORDER TO CONDUCT THE SPECIAL ELECTION ON BEHALF OF EL MEDIO FIRE PROTECTION DISTRICT ON JULY 14, 1998. 27. Central Valley Project Improvements Act Programmatic Environmental Impact Statement - the United States Department of the Interior released a Draft Programmatic Environmental Impact Statement (PEIS) for the Central Valley Project Improvement Act (CVPIA) on November 7, 1998. The Proposition 204 subcommittee was reactivated to review the PEIS and requests that the Board approve a letter to the United States Department of the Interior expressing the subcommittee's concerns and recommendations - action requested - ACCEPT THE RECOMMENDATIONS OF THE PROPOSITION 204 SUBCOMMITTEE TO APPROVE THE LETTER OF RESPONSE AND AUTHORIZE THE CHAIR TO SIGN. 28. District Attorney's Office - Board authorization is requested to appoint two District Attorney Investigators to Step 6 of the salary range pursuant to Personnel Rule 12.13 - action requested - AUTHORIZE THE APPOINTMENT OF TWO DISTRICT ATTORNEY INVESTIGATORS AT STEP 6 OF THE SALARY RANGE. 29. 1998 California State Fair - Board approval is requested by Butte County 4-H Council (Barbara Meade, 4-H Program Representative) for appointment as the official representative of Butte County for the California Expositions and State Fair's County Feature Booth competition - action requested - APPROVE COUNTY ENTRY APPLICATION FORM AND APPOINT BUTTE COUNTY 4-H COUNCIL AS REPRESENTATIVE OF BUTTE COUNTY FOR THE CALIFORNIA EXPOSITION AND STATE FAIR'S COUNTY FEATURE BOOTH COMPETITION. Page 116 April 14, 1998 April 14, 1998 98-111 MOTION: I MOVE TO APPROVE THE CONSENT AGENDA WITH ITEM 3.07 AMENDED AS FOLLOWS: "AUTHORIZE THE CHIEF ADMINISTRATIVE OFFICER TO EXECUTE ........"; AND REMOVAL OF ITEMS 3.24 AND 3.25. M S VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) Regular Agenda 98-112 Items removed from the Consent Agenda for Board consideration and action. 1. Introduction of An Ordinance Establishing Speed Limits on Certain Roads Within the County of Butte- engineering and traffic surveys, in accordance with the California Vehicle Code, have been performed on various segments of Butte County roads in order to establish reasonable speed limits enforceable by the California Highway Patrol by use of radar. Proposed is the establishment of speed zones on segments of the Skyway and Oroville Quincy Highway as follows: 1. Skyway (Potter Drive to 1.2 miles east) - 45 miles per hour, and 1.2 miles east of Potter Drive to Skyway Crossroad - 55 miles per hour; 2. Oroville Quincy Highway (Encina Grande Road to Bald Rock Road) - 35 miles per hour - action requested - WAIVE READING OF ORDINANCE. (62) MOTION: I MOVE TO WAIVE READING OF THE ORDINANCE AMENDED TO DELETE REFERENCE TO THE OROVILLE QUINCY HIGHWAY. S M VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) 98-113 Appointments - commissions and committees. A. Appointments to committee vacancies. (84) (NONE} (SUPERVISOR DOLAN, WHO REPRESENTED THE BOARD AT THE ANNUAL UNITED WAY DINNER, PRESENTED THE UNITED WAY GOLD AWARD TO BUTTE COUNTY EMPLOYEES FOR THEIR AGGREGATE EFFORT IN RAISING MONIES IN SUPPORT OF THE UNITED WAY) 98-114 Update on legislative and budget activities. (113) A. Request for positions on legislative issues: 1) SB 2199 (Lockyer} - action requested - SUPPORT SB 2199. MOTION: I MOVE TO SUPPORT SB 2199 (LOCKYER). S M VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) Page 117 April 14, 1998 April 14, 1998 98-114 A. 2) AB 2656 (Pringle) - action requested - OPPOSE AB 2656. MOTION: I MOVE TO OPPOSE AB 2656 (PRINGLE) AND COMMUNICATE TO THE AUTHOR AND OTHERS THAT WE DON'T NECESSARILY LIKE THE BOOKING FEES TO BEGIN WITH, BUT SINCE THAT WAS REVENUE TO ASSIST IN CRIMINAL JUSTICE, COULD THEY DISCUSS SOME REPLACEMENT FUNDING INSTEAD OF JUST THE ELIMINATION OF THESE FEES. M S VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried} 3} AB 1776 (McClintock), SB 1723 (Haynes), SB 2001 (Hurtt), SB 1998 (Hurtt) - action requested - OPPOSE AB 1776, SB 1723, SB 2001, SB 1998. MOTION: I MOVE TO OPPOSE AB 1776 (McCLINTOCK), SB 1723 {HAYNES), SB 2001 (HURTT), SB 1998 (HURTT) UNLESS AMENDED TO GUARANTEE AN APPROPRIATE, DEDICATED, STABLE REVENUE SOURCE FOR THE APPROPRIATE SERVICE. S M VOTE: l Y 2 Y 3 Y 4 N 5 Y (Motion Carried) 4) Proposition 224 - action requested - OPPOSE PROPOSITION 224. MOTION: I MOVE TO OPPOSE PROPOSITION 224. M S VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) 98-115 Presentation of award from California State Department of Social Services to the Butte County District Attorney's Office-Family Support Division honoring that office as being the most improved Family Support Division in the State for 1997 - action requested - ACCEPT FOR INFORMATION. (857) (PRESENTATION OF AWARD BY RICHARD WILLIAMS, CHIEF OF THE CHILD SUPPORT PROGRAM ASSISTANCE BUREAU, OFFICE OF CHILD SUPPORT ENFORCEMENT, CALIFORNIA STATE DEPARTMENT OF SOCIAL SERVICES) (MIKE RAMSEY, DISTRICT ATTORNEY, INTRODUCED TO THE BOARD ROLANDO VILLARAMA, THE NEXT DIRECTOR OF THE DISTRICT ATTORNEY'S FAMILY SUPPORT DIVISION) Page 118 April 14, 1998 April 14, 1998 98-116 County of Butte/Hofmann Company/KMG Consulting - proposed is an agreement between the County, Hofmann Company and KMG Consulting in the amount of 520,740 for the preparation of a fiscal analysis of the Central Butte County General Plan Amendment - action requested: A. RESCIND PRIOR CONTRACT AUTHORITY AS APPROVED BY THE BOARD ON FEBRUARY 24, 1998 (MINUTE ORDER 98-70); (NO ACTION TAKEN) B. APPROVE BUDGET TRANSFER TRANSFERRING $20,740 IN UNANTICIPATED REVENUE FROM THE ENVIRONMENTAL REVIEW TRUST FUND TO DEVELOPMENT SERVICES-PLANNING DIVISION; AND MOTION: I MOVE TO APPROVE A BUDGET TRANSFER TRANSFERRING $20,740 IN UNANTICIPATED REVENUE FROM THE ENVIRONMENTAL REVIEW TRUST FUND TO DEVELOPMENT SERVICES-PLANNING DIVISION. S M VOTE: l Y 2 N 3 N 4 Y 5 Y (Motion Failed to Carry [4/5 Vote Required]) C. APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN, SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR- CONTROLLER. (1385) (**00) (NO ACTION TAKEN) Public Hearings and Timed Items 98-117 Public hearing - Neal Road Landfill Solid Waste Facility ("Facility") permit revision - the Public Works Department is currently in the process of updating Solid Waste Facility Permit No. 04-AA-0002 (item on which a negative declaration regarding environmental impact has been recommended), which was issued to the Neal Road Landfill Company by the California Integrated Waste Management Board in 1978. The Public Works Department and the Development Services Department, Planning Division, have prepared a California Environmental Quality Act (CEQA) review for the "Facility" permit revision for the purpose of updating this permit. The site is located seven miles south of Chico and one mile east of State Highway 99 on Neal Road - action requested - SUBJECT TO FINDING THAT NO SIGNIFICANT IMPACTS HAVE BEEN IDENTIFIED AND NO NEGATIVE COMMENTS HAVE BEEN RECEIVED, MOVE TO ADOPT THE NEGATIVE DECLARATION REGARDING ENVIRONMENTAL IMPACT FOR THE PROPOSED PROJECT OF UPDATING AND REVISING THE NEAL ROAD LANDFILL SOLID WASTE FACILITY PERMIT, AND THAT THE CHAIR BE AUTHORIZED TO SIGN THE NEGATIVE DECLARATION AND THE NOTICE OF DETERMINATION. (66) Page 119 April 14, 1998 April 14, 1998 98-117 MOTION: FINDING THAT NO SIGNIFICANT IMPACTS HAVE BEEN IDENTIFIED AND NO NEGATIVE COMMENTS HAVE BEEN RECEIVED, I MOVE TO ADOPT THE NEGATIVE DECLARATION REGARDING ENVIRONMENTAL IMPACT FOR THE PROPOSED PROJECT OF UPDATING AND REVISING THE NEAL ROAD LANDFILL SOLID WASTE FACILITY PERMIT, AND THAT THE CHAIR BE AUTHORIZED TO SIGN THE NEGATIVE DECLARATION AND THE NOTICE OF DETERMINATION. S M VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) 98-118 Public hearing - Ray K. Oyler, et al. - consideration of an appeal of the Planning commission's approval of a use permit to operate the Barry R. Kirshner Wildlife Foundation (item on which a negative declaration with mitigation measures regarding environmental impacts has been recommended), an educational non-profit zoo for the keeping of large cats (cougar, leopard, lion, tiger, lynx) and other exotic animals on property zoned A-10 (Agricultural - 10 acre parcels), property located at 1843 Laura Lane, south of Durham Park, approximately 600 feet west of Lott Road, identified as APN 040-260-072, Durham - action requested - STAFF RECOMMENDS (MEMORANDUM DATED APRIL 1, 1998) THAT THE BOARD OF SUPERVISORS DENY THE APPEAL AND UPHOLD THE DECISION OF THE PLANNING COMMISSION TO GRANT USE PERMIT 98-09 FOR THE BARRY R. KIRSHNER WILDLIFE FOUNDATION WITH AMENDED CONDITIONS (EXHIBIT "A" OF MEMORANDUM DATED APRIL 1, 1998). (138} (***00} (PUBLIC HEARING CLOSED) MOTION: I MOVE TO RENOTICE THIS HEARING (AT COUNTY EXPENSE), TO FOLLOW A NOTICED PUBLIC HEARING BY THE BOARD PURSUANT TO COUNTY CODE SECTION 24.20(d) TO DECIDE THE QUESTION OF EXOTIC ANIMALS WITHIN AN AGRICULTURAL ZONE. M S VOTE: l Y 2 Y 3 Y 9 Y 5 Y (Unanimously Carried) RECESS: 12:12 P.M. RECONVENE: 12:27 P.M. Page 120 April 14, 199 April 14. 1998 98-119 Public hearing - Butte County Department of Development Services - consideration of a County wide rezone/code amendment (item determined to be a general rule exemption from environmental review) changing the zoning designation on all parcels currently zoned ARMH, ARMH-1, ARMH-2.5, ARMH-3 and ARMH-5 (Agricultural Residential Mobile Home 1, 2.5, 3 and 5 acre parcels} to AR, AR-1, AR-2.5, AR-2.5 and AR-5 (Agricultural Residential, Agricultural Residential 1, 2.5 and 5 acre parcels} respectively, and eliminating Sections 24-100 and 24-100.10 from the Butte County Code - action requested - FINDING THAT THE PROJECT IS NOT SUBJECT TO ENVIRONMENTAL REVIEW UNDER CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) AS PER THE GENERAL RULE EXEMPTION, AND THE PROPOSED CHANGES TO THE BUTTE COUNTY CODE ARE CONSISTENT WITH THE BUTTE COUNTY GENERAL PLAN; MOVE TO ADOPT AN ORDINANCE REZONING ALL PROPERTIES CURRENTLY ZONED ARMH TO AR, ALL PROPERTIES CURRENTLY ZONED ARMH-1 TO AR- 1, ALL PROPERTIES CURRENTLY ZONED ARMH-2.5 TO AR-2.5, AIL PROPERTIES CURRENTLY ZONED ARMH-3 TO AR-2.5, AND ALL PROPERTIES CURRENTLY ZONED ARMH-5 TO AR-5, AND ELIMINATE SECTIONS 24-100 AND 24-100.10 FROM CHAPTER 24 OF THE BUTTE COUNTY CODE (STAFF MEMORANDUM DATED MARCH 25, 1998). (234) MOTION: FINDING THAT THE PROJECT IS NOT SUBJECT TO ENVIRONMENTAL REVIEW UNDER CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) AS PER THE GENERAL RULE EXEMPTION, AND THE PROPOSED CHANGES TO THE BUTTE COUNTY CODE ARE CONSISTENT WITH THE BUTTE COUNTY GENERAL PLAN; I MOVE TO ADOPT ORDINANCE 3418 REZONING ALL PROPERTIES CURRENTLY ZONED ARMH TO AR, ALL PROPERTIES CURRENTLY ZONED ARMH-1 TO AR-1, ALL PROPERTIES CURRENTLY ZONED ARMH-2.5 TO AR-2.5, ALL PROPERTIES CURRENTLY ZONED ARMH-3 TO AR-2.5, AND ALL PROPERTIES CURRENTLY ZONED ARMH-5 TO AR-5, AND ELIMINATE SECTIONS 24-100 AND 24-100.10 FROM CHAPTER 24 OF THE BUTTE COUNTY CODE. (234) 98-120 Continued hearing - consideration of an application to the California Department of Housing and Community Development for a Planning and Technical Assistance Grant in an amount up to $23, 000.00. The purpose of the grant is to fund a housing survey for the unincorporated area of Butte County - action requested - ADOPT RESOLUTION APPROVING SUBMISSION OF THE GRANT APPLICATION AND AUTHORIZE THE CHAIR TO SIGN. (FROM 3-24-98) (335) MOTION: I MOVE TO ADOPT RESOLUTION 98-58 APPROVING SUBMISSION OF THE GRANT APPLICATION AND AUTHORIZE THE CHAIR TO SIGN. S M VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) Page 121 April 14, 1998 April 14, 1998 98-121 CLOSED SESSION: The Board recessed at 12:35 p.m. to a lunch recess and closed session conference with legal counsel for actual litigation pursuant to Government Code Section 54957.9(a): 1. Boatwright v. County of Butte, a workers' compensation claim; 2. Hudson v. Raybestos; 3. Bjork v. Butte County; 4. Ho v. Lydon; 5. Van Iderstine v. Butte County, et al.; 6. Butte County v. Cofer; and 7. Contra Costa v. Federico Pena; a public employee performance evaluation pursuant to Government Code Section 54957: 1. Director-Welfare; 2. Director-Library; and 3. Chief Administrative Officer; and a conference with labor negotiator pursuant to Government Code Section 54957.6: Agency negotiator: Bill Avery; and Employee organizations: Butte County Employees Association, Butte County Management Employees Association, Social Services Workers Unit, and Butte County Law Enforcement Officers Association (General Unit and Management-Supervisory Unit). (384) RECONVENE: 1:48 P.M. (NO ANNOUNCEMENTS) Regular Agenda 98-122 Report to the Board - the Annual State of Children and Adult Services Report, which includes updates from 1997 on In-Home Support Services, child abuse, court activity, staffing and caseload activity, drug endangered children, foster care, Child Welfare System/Case Management System (statewide computer system) and other services - action requested - ACCEPT FOR INFORMATION. (453) (REPORT TO THE BOARD BY PATRICIA CRAGAR, DIRECTOR-SOCIAL WELFARE) 98-123 Report to the Board - an update on Job Creation Task Force activities - action requested - ADOPT RESOLUTION DESIGNATING THE PRIVATE INDUSTRY COUNCIL, TRI-COUNTY ECONOMIC DEVELOPMENT CORPORATION, AND THE BUTTE COUNTY ECONOMIC DEVELOPMENT CORPORATION AS THE LEAD AGENCY E'OR THE JOB CREATION TASK FORCE, AND TO APPROVE AND SUBMIT AN APPLICATION FOR THE JOB CREATION GRANT AND AUTHORIZE THE CHAIR TO SIGN. (750) MOTION: I MOVE TO ADOPT RESOLUTION 98-59 DESIGNATING THE PRIVATE INDUSTRY COUNCIL, TRI-COUNTY ECONOMIC DEVELOPMENT CORPORATION, AND THE BUTTE COUNTY ECONOMIC DEVELOPMENT CORPORATION AS THE LEAD AGENCY FOR THE JOB CREATION TASK FORCE, AND TO APPROVE AND SUBMIT AN APPLICATION FOR THE JOB CREATION GRANT AND AUTHORIZE THE CHAIR TO SIGN. S M VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) Page 122 April 14, 1998 April 14, 1998 RECESS: 2:28 P.M. RECONVENE: 2:35 P.M. 98-124 Annual Elected Department Head Presentation - Assessor - to discuss department issues and goals and to voice mutual concerns - action requested - ACCEPT FOR INFORMATION. (1638) (****00) (PRESENTATION TO THE BOARD BY KEN REIMERS, ASSESSOR) 98-125 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.) (NONE) 98-126 CLOSED SESSION: The Board recessed at 3:25 p.m. to a continued closed session conference with legal counsel for actual litigation pursuant to Government Code Section 54957.9(a): 1. Boatwright v. County of Butte, a workers' compensation claim; 2. Hudson v. Raybestos; 3. Bjork v. Butte County; 4. Ho v. Lydon; 5. Van Iderstine v. Butte County, et al.; 6. Butte County v. Cofer; and 7. Contra Costa v. Federico Pena; a public employee performance evaluation pursuant to Government Code Section 54957: 1. Director-Welfare; 2. Director-Library; and 3. Chief Administrative Officer; and a conference with labor negotiator pursuant to Government Code Section 54957.6: Agency negotiator: Bill Avery; and Employee organizations: Butte County Employees Association, Butte County Management Employees Association, Social Services Workers Unit, and Butte County Law Enforcement Officers Association (General Unit and Management- Supervisory Unit). Page 123 April 14, 1998 April 14. 1998 98-126 RECONVENE: The Board reconvened at 4:48 p.m. following a continued closed session conference with legal counsel for actual litigation pursuant to Government Code Section 54957.9(a): 1. Boatwright v. County of Butte, a workers' compensation claim; 2. Hudson v. Raybestos; 3. Bjork v. Butte County; 4. Ho v. Lydon; 5. Van Iderstine v. Butte County, et al.; 6. Butte County v. Cofer; and 7. Contra Costa v. Federico Pena; a public employee performance evaluation pursuant to Government Code Section 54957: 1. Director- Welfare; 2. Director-Library; and 3. Chief Administrative officer; and a conference with labor negotiator pursuant to Government Code Section 54957.6: Agency negotiator: Bill Avery; and Employee organizations: Butte County Employees Association, Butte County Management Employees Association, Social Services Workers Unit, and Butte County Law Enforcement Officers Association (General Unit and Management-Supervisory Unit). (NO ANNOUNCEMENTS) Communications 98-127 Communications received and referred. (COPIES OF ALL COMMUNICATIONS ARE AVAILABLE IN THE CLERK OF THE BOARD OFFICE.) A. Dan Chudy, Ph.D., CBO, President of California Building Officials (CALBO) - writes to pay tribute to the County's management team and in particular to recognize the efforts and work of County Building Division Manager Michael Vieira in assisting with code development endeavors. Mr. Vieira was recently acknowledged by CALBO for his tremendous efforts on behalf of that group and was awarded the President's Individual Achievement Award. (REFER TO INTERIM DIRECTOR-PERSONNEL) B. Duncan Lent Howard, Deputy Director, State Department of Housing and Community Development - writes to inform the County that they have been awarded a $500,000 Federal Disaster Recover Initiative (DRZ) grant from the Department of Housing and Community Development's (HCD's) Community Development Block Grant (CDBG) Program. (REFER TO DIRECTOR-PUBLIC WORKS AND DIRECTOR-DEVELOPMENT SERVICES) C. State of California - sends Notice of Availability of Funds and Request For Applications (RFA) to support five regional collaboratives delivering employment, training and educational services. Funds up to $5 million will be awarded to the selected five regional agencies. (REFER TO DIRECTOR-SOCIAL WELFARE) Page 124 April 14, 1998 April 14, 1998 98-127 D. Notice (number 98-07, dated April 3, 1998) to State Water Project Contractors - gives notice to the County that the 1998 Turn-back Water Pool Program closed on April 1, 1998, and attaches a table summarizing the results of Pool A and Pool B sales and purchases. (REFER TO AGRICULTURAL COMMISSIONER/WATER DIVISION AND COUNTY COUNSEL) E. Irene T. Itamura, District Director, California Department of Transportation - responds to letters from Richard and Janet Leighty, and Dennis Landon, et al. regarding flooding being experienced by residents in the Keefer Slough/Rock Creek drainage basins. (REFER TO CHIEF ADMINISTRATIVE OFFICER AND DIRECTOR-PUBLIC WORKS) F. Carol Nebel, Chief, Division of Audits, State Controller's Office - forwards the County's 1996-97 Fiscal Year Single Audit Report Certification and Audit Finding Resolution. (REFER TO CHIEF ADMINISTRATIVE OFFICER AND AUDITOR-CONTROLLER) ADJOURNMENT: ATTEST: John 5. Blacklock, Ch f Administrative Officer and erk of the Bo d of Supervisors n ~ By: Page 125 April 14, 1998 There being no further business before the Board, the meeting was adjourned at 4:48 p.m. to reconvene on Tuesday, April 28, 1998 at ~...~ _