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BOARD OF SUPERVISORS
ED McLAUGHLIN, 4th District, Chsir
VIVIAN MEYER, 1st District
JANE DOLAN, 2nd District
MARY ANNE HOUX, 3rd District
GORDON THOMAS, 5th District
April 23, 1996
Call to order -Board of Supervisors room, County Administration Building,
25 County Center Drive, Oroville. Present: Supervisors Dolan, Houx, Thomas and
Vice Chair V. Meyer. Not Present: Chair McLaughlin. John S. Blacklock, Chief
Administrative Officer, Susan Mutasian, County Counsel; and Carol Roach, Assistant
Clerk of the Board.
Pledge of allegiance to the Flag of the United States of America.
Invocation -Rev. Michael J. Newman, Newman Catholic Community Center, Chico.
The Board observed a moment of silent prayer for the family of Chair McLaughin
upon the death of his father-in-law V. F. Nash.
Consent Agenda
96-117 1. Approval of minutes - action requested -APPROVE MII~IUTES OF
APRIL 9, 1996.
2. Budget transfers -action requested -APPROVE BUDGET TRANSFERS
B-151 (PROBATION), AND B-164 (BUTTE MEADOWS RECREATION
GRANT).
County Library donations - in accordance with Government Code Section
25355, donations of $100 from Mr. and Mrs. A. R. Zipf, Oroville, and $100
from Meyrell Tabares, Berry Creek have been received for the Butte County
Trust Fund for the purchase of books -action requested -ACCEPT
DONATIONS AND AUTHORIZE LETTERS OF APPRECIATION.
4. Country Commons Planned Unit Development (PUD) -certain off-site
improvements for the Country Commons PUD have not been completed.
Under this agreement First Interstate Bank would provide the funds necessary
to complete the improvements ($15,385.43), subject to partial reimbursement
to be paid with funds obtained from the subdivider prior to recordation of the
final map for Unit III -action requested -APPROVE AGREEMENT AND
AUTHORIZE THE CHAIR TO SIGN.
Page 115 April 23, 1996
April 23, 1996
96-117 5. Phyllis Perkins and Perly Perkins, Palermo - file a claim for injuries and
damages in the amount of $1,000,000 as a result of alleged actions of the
Butte Sheriff s Department on or about July 17, 1995 at claimants' home
in Palermo -action requested -REJECT CLAIM AND REFER TO
COUNTY COUNSEL AND RISK MANAGER.
6. Terri Brown and Robert Cumbuss, and Veronica Harris as guardian ad litem
of Joshua McGee and Brendon Perez - file a claim for damages in the amount
of $10,000,000 for the alleged wrongful and excessive use of force by
Sheriffs deputies and personnel and negligence and failure to provide
adequate medical/emergency assistance to Brady Dayton Cumbuss,
deceased, on or about October 10, 1995 -action requested -REJECT
CLAIM AND REFER TO COUNTY COUNSEL AND RISK MANAGER.
7. Butte County Courthouse Project -additional electrical service - an
Agreement for Installation or Allocation of Special Facilities has been
prepared with P.G.&E. in the amount of $27,132 for the installation of an
additional transformer and electrical service at the new court. Funding is
available from within the project budget -action requested -APPROVE
AGREEMENT AND AUTHORIZE THE GENERAL SERVICES
DIRECTOR TO SIGN.
8. Fire Department -Command Center -Board authorization is requested to
purchase a 42" television with projection ($2,000), refrigerator ($707), FAX
machine ($651) (Department budget), and five ECC high back chairs at $700
each (Department budget/fixed asset savings) -action requested -APPROVE
BUDGET TRANSFER B-163 AND PURCHASE OF FIXED ASSET
ITEMS.
9. Public Health Department -the Department has received $299,535 from the
State to cover a portion of the claims for reimbursement under the Medi-Cal
Case Management Program. According to program regulations, the State will
take back $74,805.85 for administrative costs, resulting in a net increase in
unanticipated revenue of $224,729.15. Board approval is requested for the
purchase of one 1/2 ton pickup ($18,750), one 3/4 ton pickup/chassis only
($17,902), three Shore Line slide-in animal carriers ($20,025), five vehicle
mounted radios ($2,500) and one base station ($950) for the Animal Control
Program scheduled to begin July 1, 1996, and eight personal computer
workstations ($12,000), software and peripheral equipment ($9,600), and
two laser printers ($1,800) to set up a computer network system within the
Department -action requested -APPROVE BUDGET TRANSFER B-165
ACCEPTING AND APPROPRIATING UNANTICIPATED REVENUE,
AND AUTHORIZE PURCHASE OF FIXED ASSET ITEMS.
Page 116
Apri123, 1996
April 23, 1996
96-117 10. Public Works Department -Board approval is requested for the purchase of
three P5, 133 MHZ personal computers with 17" color monitors, at an
estimated cost of $8,000 (Department budget) for use in the Department's
engineering design effort -action requested -DELETE SPECIALIZED
SOFTWARE FOR BRIDGE ENGINEERING AND DESIGN IN THE
AMOUNT OF $8,000 FROM THE DEPARTMENT'S ENGINEERING
AND ADMINISTRATION EQUIPMENT ACQUISITION BUDGET, AND
AUTHORIZE PURCHASE OF FIXED ASSET ITEMS.
11. Welfare Department -Board authorization is requested for the purchase of a
new public address system to be installed in the welfare building at 42 County
Center Drive. The total estimated cost of the new system will not exceed
$2,000, of which $1,000 is Federal/$700 State!$300 County (Department
budget) -action requested -AUTHORIZE PURCHASE OF FIXED ASSET
ITEM.
12. Mental Health Department -the Alcohol and Drug Services Division of the
Mental health Department is requesting a revision to the adopted budget (unit
no. 541002) in order to reconcile actual current expenses and income from
miscellaneous revenue resources, revised Notice of Allocation from the State
of California, Department of Alcohol and Drug Programs by budget units as
well as by line items -action requested -APPROVE BUDGET TRANSFER
B-166 ACCEPTING AND ALLOCATING $110,774 IN UNANTICIPATED
REVENUE, AND PROPOSED BUDGET REVISIONS/TRANSFERS.
13. Investment information report -the Treasurer-Tax Collector submits the
March 29, 1996 report in accordance with the County's Statement of
Investment Policy dated June 1, 1995 -action requested -ACCEPT FOR
INFORMATION.
14. Tax and Revenue Anticipation Notes (TRAM) -the Treasurer-Tax Collector
requests Board approval to participate in the 1996-97 California Cash Flow
Financing Program issuance of Tax and Revenue Anticipation Notes (TRAM
for a maximum feasible amount to be determined by the Treasurer-Tax
Collector and Auditor-Controller, not to exceed $15,000,000 -action
requested - ADOPT RESOLUTION 96-35 AUTHORIZING AND
APPROVING THE BORROWING OF FUNDS FOR FISCAL YEAR 1996-
97; THE ISSUANCE AND SALE OF A 1996-97 TAX AND REVENUE
ANTICIPATION NOTE THEREFOR AND PARTICIPATION IN THE
CALIFORNIA CONIMUMTIES CASH FLOW FINANCING PROGRAM
AND AUTHORIZE THE CHAIR TO SIGN.
Page 117
April 23, 1996
Apri123, 1996
96-117 15. Reissuance of time expired warrant - Bigland Development Corporation - a
request has been received for reissuance of a time expired warrant (no.
032680) issued May 22, 1991 in the amount of $907.01 -action requested -
AUTHORIZE THE AUDITOR-CONTROLLER TO REISSUE TIlvIE
EXPIRED WARRANT.
16. Adoption of a salary ordinance amendment for the Probation
Department which flexibly staffs an Office Assistant II, I position to Legal
Typist Clerk or Office Assistant III, II, I (funded by the Butte Anti-Drug
Special Surveillance [State] grant), and a term of position to September 30,
1996 of Probation Officer I (funded by the Office of Criminal Justice Planning
and the Chico Unified School District) -action requested -ADOPT
ORDINANCE 3262 AND AUTHORIZE THE CHAIR TO SIGN. (FROM
4-9-96)
17. Adoption of a salary ordinance amendment adding two positions of Mental
Health Clinician II, I to Alcohol, Drug and Mental Health Services as part of
the First Offender Family Preservation Program -action requested -ADOPT
ORDINANCE 3263 AND AUTHORIZE THE CHAIR TO SIGN. (FROM
4-9-96)
18. Introduction of an ordinance amending Butte County Code Section 11-4 to
designate Department of Development Services rather than Sheriff as the
administering department regarding junk storage regulations -action
requested -WAIVE READING OF THE ORDINANCE.
19. Resolution proclaiming April, 1996 as Parliamentary Law Month -action
requested -ADOPT RESOLUTION 96-36 AND AUTHORIZE THE CHAIR
TO SIGN.
20. Resolution proclaiming Thursday, May 16, 1996 as "Butte Commute `96" -
action requested -ADOPT RESOLUTION 96-37 AND AUTHORIZE THE
CHAIR TO SIGN.
21. Rights-of--way exchange -portions of Oroville Bangor Highway, Avacado
Avenue, Lemon Avenue, Lime Avenue, Orange Avenue and Lot "G" - Trivest
Land Company, Inc., boundary line modification, AP 028-200-005, -012, -
014, -016, -017, -019, -025, -028, -030, -036, -037. -057, -058, and -059, 15
parcels, property located on both sides of Avacado Avenue, between Oroville
Bangor I~ighway and Dunstone Drive, Dunstone area. This rights-of--way is
to be exchanged with Trivest Land Company, Inc., for other rights-of--way,
which are needed for road purposes -action requested -APPROVE
AGREEMENT FOR EXCHANGE OF REAL PROPERTY FOR PUBLIC
USE, ADOPT RESOLUTION 96-38 AND AUTHORIZE CHAIR TO SIGN
AGREEMENT, QUIT CLAIM DEED AND GRANT DEED.
Page 118 Apri123, 1996
A~ri123. 1996
96-117 22. Approval of plans and specifications for construction of "B" Street double
box culvert across Hamihon Slough, Federal Bridge Replacement Project No.
BRLS-5912(008), County Project No. 15351-92-1 -plans and specifications
have been completed for the project -action requested -APPROVAL OF
PLANS AND SPECIFICATIONS; AUTHORIZE CHAIR AND DIRECTOR
TO SIGN PLANS; ADOPT WAGE SCALE; AND AUTHORIZE PUBLIC
WORKS TO ADVERTISE FOR BIDS, SUBJECT TO CALTRANS
APPROVAL.
23. Approval of plans and specifications for reconstruction of Sixth Street from
Grand Avenue to Nelson Avenue, County Project No. 28465E-94-1 -plans
and specifications have been completed for the project. The project will be
funded with Transportation Development Act funds and for qualifying
drainage facilities, with Thermalito drainage fees (F 1822) -action requested -
APPROVAL OF PLANS AND SPECIFICATIONS; AUTHORIZE CHAIR
AND DIRECTOR TO SIGN PLANS; ADOPT WAGE SCALE; AND
AUTHORIZE PUBLIC WORKS TO ADVERTISE FOR BIDS.
24. Program Supplement No. 025 to State-Local Transportation Partnership
Program, Agreement No. SLTPP-5912 -reimbursement of funds for qualified
projects under State-Local Transportation Partnership Program requires
execution of a Program Supplement to Master Agreement SLTPP-5912.
Program Supplement No. 025 covers funding for reimbursement of
participating share of construction costs for the project to reconstruct bth
Street, from Grand Avenue to Nelson Avenue, Project No. SB96-5912(002):
State Share Funds/$11,466; Local Matching Funds!$183,534;
TotaU$195,000 -action requested -APPROVE PROGRAM SUPPLEMENT
NO. 025, ADOPT RESOLUTION 96-39 AND AUTHORIZE CHAIR TO
SIGN.
25. Contract Change Order (CCO) No. 2, construction of Holly Avenue
realignment and bridge across Lindo Channel, County Project No. 55201-93-
1 - CCO No. 2 provides payment to the contractor for furnishing two new
sanitary sewer manhole bases to accommodate revised sanitary sewer line
alignment along the centerline of the new roadway. All project sanitary costs
are borne by the City of Chico -action requested -APPROVE CCO N0.2
AND AUTHORIZE CHAIR TO SIGN.
26. Notice of completion for construction of Holly Avenue realignment and
bridge across Lindo Channel, County contract no. 55201-93-1 -all contract
work has been completed in accordance with the plans and specifications -
action requested -ACCEPT CONTRACT WORK; AUTHORIZE CHAIR
TO SIGN THE NOTICE OF COMPLETION, AND AUTHORIZE
RECORDING OF NOTICE OF COMPLETION.
Page 119
April 23, 1996
Apri123, 1996
96-117 27. State of California, Department of Transportation (Caltrans) -proposed is a
cooperative agreement with Caltrans for construction of drainage
improvements at the intersection of State Highway 32 and East Avenue. The
proposed project will consist of drainage inlet modifications to comply with.
regulatory agency requirements and installation of a drainage outfall line to
Lindo Channel. Facilities within the intersection were installed as part of the
recently completed signalization project. Project funding will be 80% County
($60,970.07/RESTRICTED ROAD FUNDS)/20% Caltrans, established by
the applicable contributing drainage areas of each agency -action requested -
APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN.
28. Deletion of projects/approval of projects -reconstruction of portions of
Shasta Avenue and Cusick Avenue due to pending annexation, and
reconstruction of the intersection of Hegan Lane/Elk Avenue at Dayton Road
due to pending utility relocations, approved in the fiscal year 1995-96 budget,
will not be constructed. The Department proposes the deletion of the two
projects and, in lieu, approval of the construction of the following three
pavement overlays: Hegan Lane (Southern Pacific Railroad to the
Midway)/$65,000; Richvale Highway (Richvale to State Highway
99)/$285,000; and Chico River Road (Chico City Limits to 1.0 mile
west)/$100,000; TotaU$450,000 -action requested -DELETE PROJECTS
FOR RECONSTRUCTION OF PORTIONS OF SHASTA AVENUE AND
CUSSICK AVENUE, AND RECONSTRUCTION OF THE
INTERSECTION OF HEGAN LANE/ELK AVENUE AT DAYTON
ROAD; APPROVE PROJECT FOR CONSTRUCTION OF PAVEMENT
OVERLAYS AT HEGAN LANE, RICHVALE HIGHWAY AND CHICO
RIVER ROAD; APPROVE PLANS AND SPECIFICATIONS; ADOPT
WAGE SCALE; AND AUTHORIZE PUBLIC WORKS TO ADVERTISE
FOR BIDS.
29. Agricultural Commissioner/Director of Weights and Measures -proposed
is an agreement reappointing the Agricultural Commissioner/Director-Weights
and Measures to a four year term -action requested -APPROVE
AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN.
Page 120
April 23, 1996
A np '123, 1996
96-117 30. Emergency Medical Services - 1) proposed is an addendum to the agreement
entered into on August 6, 1991, titled Agreement Designating Northern
California EMS, Inc. as the "local EMS agency" for Butte County which
provides certain monitoring of advanced life support operations by Northern
California EMS, Inc. at a maximum cost of $2,500 per year (Department
budget); and 2) a resolution modifying Resolution No. 94-12 creating the
exclusive operating areas which rescinds the schedule providing for a
competitive bid process -action requested -APPROVE ADDENDUM TO
AGR,F'sEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO
APPROVAL OF THE AUDITOR-CONTROLLER, AND ADOPT
RESOLUTION 96-40 MODIFYING RESOLUTION NO. 94-12
EXCLUSIVE OPERATING AREAS AND AUTHORIZE THE CHAIR TO
SIGN.
31. State of Califonua/County of Butte -proposed is an agreement for
acquisition, accountability, use and disposal of Federal Excess Property under
the Rural Community Fire Protection Program of the Cooperative Forestry
Assistance Act (CFAA) of 1978. The agreement is for the use of all Federal
Excess Property on loan to Butte County Fire Department -action requested -
ADOPT RESOLUTION 96-41 GIVING COUNTY FIRE WARDEN JACK
WIEST THE AUTHORITY TO ENTER INTO AN AGREEMENT WITH
THE STATE OF CALIFORNIA, DEPARTMENT OF FORESTRY, FOR
THE LOAN OF FEDERAL EXCESS PROPERTY SUBJECT TO
APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-
CONTROLLER.
32. Barbara Weibel, Durham -proposed is a lease and agreement for a Fire
Department battalion office at 9418-A Midway, Durham commencing July 11,
1995 through June 30, 1996 in the monthly amount of $250 (Department
budget) -action requested -APPROVE AGREEMENT AND AUTHORIZE
THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY
COUNSEL AND THE AUDITOR-CONTROLLER.
33. Western Business Products -amendment no. 1 -the amendment provides for
a one year extension through June 30, 1997 to the current agreement for
copiers in County offices at a cost of $0.0138 per ers in County offices at a cost of $
APPROVE AMENDMENT TO AGREEMENT AND AUTHORIZE THE
GENERAL SERVICES DIRECTOR TO SIGN.
Page 121
April 23, 1996
A np '123, 1996
96-117 34. 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 1996-97. Funds are to be
used for materials and staff to address the problems of intergenerational
illiteracy in eligible adult learner families -action requested -APPROVE
GRANT APPLICATION AND AUTHORIZE DIRECTOR-LIBRARIES TO
SIGN ON BEHALF OF THE COUNTY.
35. EAP, Inc. -proposed is an agreement wherein EAP will provide Drug/Medi-
Cal reimbursable outpatient counseling services to Butte County residents on
Supplemental Security Income (SSI) disability. As required by law, the
County will provide $35,770 in matching State General Fund dollars to
receive the Federal financial portion of approved Drug/Medi-Cal services.
The term of the agreement is September 1, 1995 through June 30, 1996 -
action requested -APPROVE AGREEMENT AND AUTHORIZE THE
CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL
AND THE AUDITOR-CONTROLLER.
36. Victor Treatment Centers, Inc. -proposed is a contract for the provision of
an adolescent day treatment and medication monitoring program for children
at the Centers' residential care facility in Redding, CA. As with the 1994-95
contract, the Center will receive the 50% of cost that Medi-Cal pays and
match that amount with private funds to provide the required match, and
therefore, cover 100% of the program cost. Victor Treatment Centers is
subcontracting with Butte County Alcohol, Drug and Mental Health Services
to provide the billing support services and the utilization review component
of the program. For this service, the Center will pay Butte County a
maximum amount of $75,000. The contract is written for the period July 1,
1995 through June 30, 1996 -action requested -APPROVE CONTRACT
AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF
COUNTY COUNSEL AND THE AUDITOR-CONTROLLER.
37. Occupational Health Services -Employee Assistance Program -the proposed
amendment to the agreement covers a one year period starting May 1, 1996
and ending Apri130, 1997 at a new rate of $4.15 per employee per month (a
rate increase from the current rate of $3.95) -action requested -APPROVE
AMENDMENT TO AGR.E:EMENT AND AUTHORIZE THE DIRECTOR-
PERSONNEL TO SIGN ON BEHALF OF THE COUNTY SUBJECT TO
APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-
CONTROLLER.
Page 122
Apri123, 1996
Apri123, 1996
96-117 38. Mark Lundberg, M.D. -the County contracts with Mark Lundberg, M.D. to
serve as the Interim Health Officer. Due to procedural delays, it is necessary
to extend the agreement to June 30, 1996, and to increase the maximum
amount payable from $26,000 to $33,000 (Department budget) -action
requested - APPROVE AMENDMENT TO AGREEMENT AND
AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF
COUNTY COUNSEL AND THE AUDITOR-CONTROLLER.
39. Mark Lundberg, M.D. -proposed is an employment contract with Mark
Lundberg, M.D. to serve as the Butte County Public Health Officer effective
June 17, 1996 and terminating on June 17, 1999 at an annual salary of
$85,560 (StateJCounty) -action requested -APPROVE CONTRACT AND
AUTHORIZE THE CHAIR TO SIGN.
40. 1996-97 Maternal and Child Health Program -the Department of Public
Health has prepared an application for $107,268 in 100% State funds that will
be utilized to enhance services to mothers and children residing in Butte
County -action requested -APPROVE APPLICATION AND AUTHORIZE
THE CHAIR TO SIGN.
41. Private Industry Council -the Job Training Partnership Act (JTPA) requires
the Private Industry Council (PIC) and the Board of Supervisors to jointly
agree on the program's work plan and have an agreement in place. Proposed
is a two-year work plan as approved by PIC after holding public hearings, and
an agreement between the PIC and the County (PIC/Chief Elected Official
Agreement) -action requested -APPROVE PIC 1996-97 TWO-YEAR
PLAN; APPROVE PIC/CHIEF ELECTED OFFICIAL AGREEMENT AND
AUTHORIZE CHAIR TO SIGN.
42. 1996-97 Marijuana Suppression Program - a grant application has been
prepared for submission to the State Office of Criminal Justice Planning
(OCJP) for the continued Federal grant funding for fiscal year 1996-97. The
requested grant amount is $202,000, and the grant period is July 1, 1996 to
June 30, 1997 with and no County match required -action requested -
ADOPT RESOLUTION 96-42 APPROVING THE GRANT APPLICATION
AND AUTHORIZE THE CHAIR TO SIGN.
43. Conflict of Interest Code -the Butte County Law Library has submitted to the
Board of Supervisors, for approval by its code reviewing body pursuant to
Government Code Section 87303, an amended Conflict of Interest Code to
reflect that its disclosure statements shall be filed with the Clerk of the Butte
County Consolidated Courts, not the "Butte County Clerk." County Counsel
has reviewed the amended code, and is recommending approval -action
requested -APPROVE AMENDMENT TO CONFLICT OF INTEREST
CODE AS SUBMITTED.
Page 123 Apri123, 1996
Apri123. 1996
96-117 44. Certification of Election Results for the March 26, 1996 Primary Election -
the County Clerk-Registrar of Voters requests the Board of Supervisors to
accept and approve the certification of the statement of vote for the March 26,
1996 Primary Election -action requested -APPROVE CERTIFICATION OF
STATEMENT OF VOTE.
MOTION: I MOVE TO APPROVE THE CONSENT AGENDA WITH THE
CORRECTIONS TO ITEM 3.32.
M S
VOTE: l Y 2 Y 3 Y 4 NP S Y (Unanimously Carried)
Regular Agenda
96-118 Appointments - commissions and committees.
A. Appointments to committee vacancies. (NONE)
96-119 Update on Sacramento legislative and budget activities. (JOHN S. BLACICLOCK,
CHIEF ADMINISTRATIVE OFFICER, REPORTED ON THE DAY LONG VISIT
TO BUTTE COUNTY BY STEVE SZALAY, EXECUTIVE DIRECTOR,
CALIFORNIA STATE ASSOCIATION OF COUNTIES (CSAC) AND DIANE
CUMI~~S, DEPUTY DIRECTOR, STATE DEPARTMENT OF FINANCE; ON
HIS TESTIMONY AT A MEETING OF THE ASSEMBLY LOCAL
GOVERNMENT COMMITTEE IN SACRAMENTO IN SUPPORT OF AB 2167
(RICHTER), A BILL WHICH ATTEMPTS TO CORRECT SOME OF THE BASIC
INEQUITIES IN AB 8; AND AB 154 (RICHTER), WHICH ATTEMPTS TO
DEAL WITH WELFARE GENERAL ASSISTANCE RATES, HAS BEEN
AMENDED IN A WAY THAT IS SATISFACTORY TO THE COUNTY)
96-120 AB 2846 (Sweeney) - as introduced February 22, 1996, which substantially affects
county land use authority in city spheres of influence.
MOTION: I MOVE THAT THERE IS A NEED FOR Il~fI1~DIATE ACTION
WHICH CANNOT REASONABLY WAIT FOR THE NEXT
REGULARLY SCHEDULED MEETING (THIS BILL IS
SCHEDULED TO BE HEARD BEFORE THE ASSEMBLY
LOCAL GOVERNMENT COMMITTEE ON WEDNESDAY,
APRIL 24, 1996), AND THAT THE NEED FOR IIvIIviEDIATE
ACTION CAME TO THE BOARD'S ATTENTION AFTER THE
AGENDA HAD ALREADY BEEN POSTED (GOVERNMENT
CODE SECTION 54954.2(bx2).)
M S
VOTE: l Y 2 Y 3 Y 4 NP S Y (Unanimously Carried)
Page 124
Apri123, 1996
Anri123. 1996
96-120
96-121
MOTION: I MOVE THAT THE BOARD OPPOSE THIS BILL, AND
CONVEY BUTTE COUNTY'S OPPOSITION TO AB 2864 IN ITS
CURRENT FORM TO THE PROPER COMMITTEE.
M S
VOTE: l Y 2 Y 3 Y 4 NP S Y (Unanimously Carried}
County Treasury Governance:
A. Introduction of an ordinance adding Article XX to Chapter 2
"Administration" of the Butte County Code establishing the qualifications,
continuing education requirements and investment authority of the County
Treasurer-Tax Collector -action requested -WAIVE READING OF THE
ORDINANCE; AND
MOTION: I MOVE TO WAIVE READING OF THE ORDINANCE.
M S
VOTE: l Y 2 Y 3 Y 4 NP S Y (Unanimously Carried)
B. Consideration of a resolution establishing Butte County Treasury Oversight
Committee -action requested -ADOPT RESOLUTION AND AUTHORIZE
THE CHAIR TO SIGN.
MOTION: I MOVE TO ADOPT RESOLUTION 96-43 ESTABLISHING
BUTTE COUNTY TREASURY OVERSIGHT COMMITTEE.
M S
VOTE: l Y 2 Y 3 Y 4 NP S Y (Unanimously Carried)
(1) Appointment of representative of the Board of Supervisors to the
County's Treasury Oversight Committee -action requested -MAKE
APPOINTMENT. (365)
MOTION: I MOVE TO APPOINT SUPERVISOR HOUX AS THE
REPRESENTATIVE OF THE BOARD OF SUPERVISORS TO
THE COUNTY'S TREASURY OVERSIGHT COMMITTEE.
M S
VOTE: l Y 2 Y 3 Y 4 NP S Y (Unanimously Carried)
Page 125
Apri123, 1996
Apri123. 1996
96-122 Report to the Board -Energy Management Project -action requested:
A. ACCEPT THE REPORT;
B. AUTHORIZE PREPARATION OF THE IlVIPLEMENTATION
AGREEMENT WITH AIRCON; AND
C. AUTHORIZE PREPARATION OF THE THIItD PARTY
LEASE/PURCHASE AGREEMENT. (547)
MOTION: I MOVE TO A) ACCEPT THE REPORT; B) AUTHORIZE
PREPARATION OF THE IIViPLEMENTATION AGREEMENT
WITH AIRCON; AND C) DIRECT THE AUDITOR-
CONTROLLER AND TREASURER-TAX COLLECTOR TO
BRING BACK TO THE BOARD FOR APPROVAL AN
APPROPRIATE FUNDING MECHANISM.
M S
VOTE: l Y 2 Y 3 Y 4 NP S Y (Unanimously Carried)
96-123 Items removed from the Consent Agenda for Board consideration and action.
(NONE)
RECESS: 9:48 A.M.
RECONVENE: 10:15 A.M.
96-124 Public Comment. (PRESENTATIONS WII,L BE LIIVIITED TO FIVE MINUTES.
THE BOARD OF SUPERVISORS IS PROHIBITED BY STATE LAW FROM
TAKING ACTION ON ANY ITEM PRESENTED IF TT IS NOT LISTED ON THE
AGENDA.) (NONE)
RECESS: 10:15 A.M.
RECONVENE: 10:34 A.M.
Page 126
Apri123, 1996
April 23, 1996
Public Hearings and Timed Items
96-125 Continued hearing -Steve Seidenglanz -consideration of an appeal of the Planning
Commission's approval of a use permit (item on which a negative declaration
regarding environmental impacts has been recommended) to allow the expansion of
an existing six unit mobile home park to seven units and an additional six overnight
camping sites on property zoned L-I (Limited Industrial), property located on the
west side of Pacific Heights Road, approximately 700 feet south of Georgia Pacific
Way, at 4488 Pacific Heights Road, identified as AP 036-510-024, Oroville. (FROM
3-26-96) (1300) (HOLD UNTIL LATER INMEETING/REFER TO MINUTE
ORDER NO. 96-128)
96-126 Public hearing - NorthStar Engineering on behalf of Scott Erickson -consideration
of an appeal of Condition No. 4 (Verify legal access to parcel[s] from a publicly
maintained road.); Condition No. 5. (Provide two-way traversable access to each
parcel from a county maintained road or state highway. Improve parcel frontage to
RS-8 LD-II and access road to parcel being divided to RS-8 LD-I.); and Condition
No. 13 (Meet the requirements of the Butte County Fire Department.}, tentative
parcel map (item on which negative declaration with environmental mitigations has
been recommended), AP 065-050-028, three parcels, property located at the end of
Shadow Wood Lane, North of Steiffer Road, Magalia. (FROM 4-9-96) (1303)
MOTION: I MOVE TO GRANT THIS APPEAL, AND THE REQUESTED
EXCEPTIONS TO BUTTE COUNTY CODE SECTIONS 20-8
AND 20-134, FINDING AS FOLLOWS PURSUANT TO BUTTE
COUNTY CODE SECTION 20-4 AND MODIFYING THE
CONDITIONS OF APPROVAL AS SET FORTH: FINDINGS A.
THAT THERE ARE SPECIAL CIRCUMSTANCES OR
CONDITIONS OF TOPOGRAPHY OR SIZE OR SHAPE OR
LOCATION OR EXISTING DEVELOPMENT AFFECTING THE
PROPERTY, WHICH CIRCUMSTANCES, CONDITIONS OR
DEVELOPMENT EXISTED AT THE TIME THE APPLICATION
FOR THE MAP WAS DETERMINED OR DEEMED TO BE
COMPLETE, IN THAT (1) EACH OF THE PROPOSED PARCELS
IS DEVELOPED WITH A SINGLE FAMILY RESIDENCE AND
THE ADDITION OF CONDITION 19 WILL PRECLUDE ANY
ADDITIONAL RESIDENTIAL UNITS ON ANY OF SAID
PARCELS, (2) THE EXISTING RESIDENCES ARE SERVED BY
AN EXISTING ACCESS ROAD ON A PRESCRIPTIVE 20' WIDE
EASEMENT, AS DETERMINED BY THE JUDGEMENT OF THE
SUPERIOR COURT RECORDED JiJLY 15, 1993, UNDER
RECORDER'S SERIAL NUMBER 93-029893, (3) THE
CONDITIONS OF APPROVAL WII.L REQUIRE THAT THE
EXISTING ACCESS WILL BE Il~IPROVED TO PROVIDE
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Apri123, 1996
Apri123. 1996
96-126 BETTER EMERGENCY ACCESS, AND (4) THE SITE IS
UNIQUELY SITUATED IN THE MAGALIA FIR HAVEN
WATERSHED PROTECTION ZONE WHERE THE OBJECTIVE
OF 1~~IIIVIlVIIZING NEW LAND DISTURBANCE QUALIFIES FOR
THE REDUCED ROAD STANDARD.; (B) THAT THE GRANT
OF THESE EXCEPTIONS WII.L NOT BE DETRIlVIENTAL TO
THE PUBLIC WELFARE OR INJURIOUS TO OTHER
PROPERTY IN THE TERRITORY IN WHICH THE PROPERTY
IS SITUATED, FOR THE REASONS SPECIFIED IN A. ABOVE.;
MODIFICATIONS OF CONDITIONS. CONDITION NO. 4.
PROVIDE APPROVED ACCESS PURSUANT TO BUTTE
COUNTY CODE SECTION 20-134 BY ESTABLISHING A 60
FOOT WIDE NON-EXCLUSIVE EASEMENT TO EACH
PARCEL, WITHIN SAID PARCEL MAP BOUNDARIES.;
CONDITION NO. 5. A. THE EXISTING ACCESS ROAD,
SHADOW WOOD DRIVE, FROM STEIFFER ROAD TO THE
SOUTHERLY BOUNDARY OF SAID PARCEL MAP, SHALL BE
IlVIPROVED IN ACCORDANCE WITH THE REQUIREMENTS
OF PUBLIC RESOURCES CODE SECTION 4290, AS
APPROVED BY THE BUTTE COUNTY FIRE DEPARTMENT
INCLUDING BUT NOT LIlVIITED TO CONSTRUCTION OF 10'
BY 35', 4" DEEP CLASS 2 AGGREGATE BASE TURNOUTS
EVERY 400', OR AS CLOSE TO THIS SEPARATION AS
POSSIBLE.; B. A 40' RADIUS, 4" DEEP CLASS 2 AGGREGATE
BASE, CUL-DE-SAC SHALL BE CONSTRUCTED AT THE
SPLIT OF THE EXISTING DRIVEWAYS ON THE BOUNDARY
OF PARCELS 2 AND 3.; AND C. ALL ROADS WITHIN THE
BOUNDARIES OF SAID PARCEL MAP SHALL BE
CONSTRUCTED TO RS-8-LD-II.; CONDITION NO. 13.
EXISTING STRUCTURES AND ACCESS ROADS SHALL BE
IMPROVED IN COMPLIANCE WITH PUBLIC RESOURCES
CODE SECTIONS 4290 AND 4291, AND THE CIRCULAR
DRIVEWAY BETWEEN PARCELS 2 AND 3 SHALL BE
ENCUMBERED BY AN EASEMENT FOR EMERGENCY
VEHICLES AND KEPT OPEN AND TRAVERSABLE FOR THAT
PURPOSE; AND CONDITION NO. 19 IS ADDED TO READ AS
FOLLOWS: PLACE A NOTE ON THE ADDITIONAL MAP
SHEET OR ON A DOCUMENT THAT IS TO BE RECORDED
CONCURRENTLY WITH THE PARCEL MAP STATING "THE
EXISTING RESIDENTIAL UNIT ON EACH PARCEL MAY BE
REPLACED, REMODELED, OR OTHERWISE IlvIPROVED, BY
NO ADDITIONAL RESIDENTIAL UNITS WII,L BE ALLOWED
ON ANY OF THESE PARCELS, INCLUDING BUT NOT
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Apri123, 1996
ril 23, 1996
96-126 LIMITED TO SECOND UNITS PURSUANT TO BUTTE
COUNTY CODE SECTION 24280 AND TEMPORARY MOBII.E
HOMES PURSUANT TO BUTTE COUNTY CODE SECTION 24-
295.10."
S M
VOTE: l Y 2 Y 3 Y 4 NP S Y (Unanimously Carried)
96-127 Public hearing -Mark E. Risso on behalf of Richard and Opal Chun -consideration
of an appeal of the Development Review Committee's denial of the West Walnut
Estates tentative subdivision map (item for which negative declaration with
mitigations has been recommended), AP 042-110-021, ten parcels, property located
on the north side of Kennedy Avenue, approximately 1/4 mile east of its intersection
with Meridian Avenue and approximately 700 feet west of Muir Avenue, Chico area -
action requested -OPEN HEARING AND CONTINUE HEARING OPEN TO
TUESDAY, MAY 14, 1996 AT 10:15 A.M. (1665) (HEARING OPENED AND
CONTINUED OPEN TO TUESDAY, MAY 14, 1996 AT 10:15 A.M.)
RECESS: 10:45 A.M.
RECONVENE: 10:58 A.M. (VICE CHAIR MEYER NOT PRESENT;
CHAIR McLAUGHLIN PRESIDING)
96-128 Continued hearing -Steve Seidenglanz -consideration of an appeal of the Planning
Commission's approval of a use permit (item on which a negative declaration
regarding environmental impacts has been reconunended) to allow the expansion of
an existing six unit mobile home park to seven units and an additional six overnight
camping sites on property zoned L-I (Limited Industrial), property located on the
west side of Pacific Heights Road, approximately 700 feet south of Georgia Pacific
Way, at 4488 Pacific Heights Road, identified as AP 036-510-024, Oroville. (FROM
3-2b-96)
ON THE RECORD: SUPERVISOR THOMAS OBJECTS TO THIS APPEAL
BEING HEARD BASED UPON APPLICANT'S REQUEST
FOR WITHDRAWAL OF HIS APPEAL.
MOTION: I MOVE TO AFFIRM THE PLANNING COMMISSION'S
APPROVAL OF THE APPLICATION FOR STEVE
SEIDENGLANZ ON APN 036-510-024, SUBJECT TO FINDINGS
(ENVIRONMENTAL FINDINGS A-B; ZONING ORDINANCE
FINDINGS A-C) AND CONDITIONS A AND B 1-6.
M S
VOTE: 1 NP 2 Y 3 Y 4 N S Y (Motion Carried)
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April 23, 1996
Ayri123~1996
96-129 CLOSED SESSION: The Board recessed at 11:10 a.rn. to a closed session
conference for a public employee evaluation pursuant to
Government Code Section 54957 (County Counsel).
RECONVENE: The Board reconvened at 11:40 a.m. following a closed
session conference for a public employee evaluation pursuant
to Government Code Section 54957 (County Counsel). (NO
ANNOUNCEMENTS)
Conununications
96-130 Communications received and referred. (COPIES OF ALL COMMUNICATIONS
ARE AVAILABLE IN THE CLERK OF THE BOARD OFFICE.)
A. Gale L. Glenn, Oroville -writes to express to the Board his appreciation for
a County employee (Ed Overhouse, Environmental Health Specialist) "who
not only does his job well but does it with such a competent and friendly
manner that you just know everything will be OK." (REFER TO
DIRECTOR-PUBLIC HEALTH)
B. John M. Bass, Director, Natural Resources Planning, EA Engineering,
Science, and Technology -writes welcoming County comments and concerns
on the Almanor Ranger District of the Lassen National Forest's two proposed
forest health/fuel hazard reduction projects (Baily Creek and Mineral).
(REFER TO DIRECTOR-DEVELOPMENT SERVICES.
C. John S. Blacklock, Chief Administrative Officer -responds to the Board's
direction of March 12, 1996, regarding six specific actions pertaining to the
fiscal year 1996-97 Butte County budget as related to Measure A, which was
on the March 26 ballot. (ACCEPT FOR INFORMATION)
D. Lester A Snow, Executive Director, CALFED Bay-Delta Program -forwards
Workshop 6 Information Packet containing the ten draft alternatives to be
considered on Monday, April 15, 1996. (REFER TO BUTTE COUNTY
WATER COMMISSION)
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Apri123, 1996
Anri123. 1996
ADJOURNMENT: There being no further business before the Board, the meeting
was adjourned at 11:40 a.m. to reconvene on Tuesday,
May 14, 1996 at 9:00 a. m.
ATTEST:
JOHN S. BLACKLOCK, Chief Administrative Officer
and Clerk of the Board of Supervisors
By:
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Apri123, 1996