HomeMy WebLinkAboutM060998MINUTES
BOARD OF SUPERVISORS
R.J. BEELER, 1st District
JANE DOLAN, 2nd District
MARY ANNE ROUX 3rd District
CURT JOSIASSEN, 4th District
FRED C. DAVIS, 5th District
Call to order - Board of Supervisors roam, County
Administration Building, 25 County Center Drive, Oroville.
Present: Supervisors Beeler, Dolan, Houx, Josiassen and Chair
Davis. John S. Blacklock, Chief Administrative Officer; Neil
McCabe, Chief Deputy County Counsel; and Marion Reeves, Deputy
Clerk of the Board.
Pledge of allegiance to the Flag of the United States of
America.
Invocation - Pastor James Patterson, Durham Community United
Methodist Church.
98-177 Items removed from the Consent Agenda for Board consideration
and action.
1. Consideration of an ordinance amending Chapter 33
{Groundwater Conservation) of the Butte County Code -
action requested - SET A PUBLIC HEARING FOR
JULY 14, 1998 AT 10:00 A.M. AND DIRECT THE CLERK OF THE
BOARD TO PUBLISH PUBLIC NOTICE.
2. Installation of storm drain facilities for Oroville
Chico Highway from 0.34 miles east of Midway to Butte
Creek - plans and specifications have been completed for
the project - action requested - APPROVE PLANS AND
SPECIFICATIONS; AUTHORIZE THE CHAIR AND THE DIRECTOR OF
PUBLIC WORKS TO SIGN PLANS; ADOPT WAGE SCALE; AND
AUTHORIZE PUBLIC WORKS TO ADVERTISE FOR BIDS.
98-178 1. Approval of minutes - action requested - APPROVE MINUTES
OF MAY 26, 1998.
Page 184 June 9, 1998
98-178 2. Budget transfers - action requested - APPROVE BUDGET .--.
TRANSFERS B-343 (COUNTY CLERK-RECORDER/ELEC'T'IONS}, B-353
{COUNTY CLERK-RECORDER/ELECTIONS [4/5 vote required]),
B-350 (COUNTY SERVICE AREA 98-ORO MONTE
ESTATES/APPROPRIATION FOR CONTINGENCIES [4/5 vote
required]}, B-348 (DISTRICT ATTORNEY}, B-351 (EMERGENCY
SERVICES), B-344 (FARM AND HOME ADVISOR}, B-342 (HOUSING
AND COMMUNITY DEVELOPMENT GRANT NO. 97--STHG-1103), B-345
(JLNENILE HALL COURT PROJECT/CAPITAL PROJECTS), B-347
{PERSONNEL [4/5 vote required]), AND B-352 {SHERIFF-911
COMMUNICATIONS-DISPATCH CENTER/CAPITAL PROJECTS [4 /5
vote required]).
3. County Library donations - in accordance with Government
Code Section 25455, donations of $1,140.50 from Oroville
Friends of the Library, $1,000 from Chico Rotary Club,
$175 from Butte County Library Staff (Oroville Branch,
in honor of Doris Long) , and $150 from Cosmos Club in
Durham, have been received for the Butte County Trust
Fund for the purchase of books - action requested -
ACCEPT DONATIONS AND AUTHORIZE LETTERS OF APPRECIATION.
4. Behavioral Health Board - action requested -
APPOINT JOHN CARRILLO (COMMUNTTY MEMBER/PROFESSIONAL)
AND JEFF ZELSDORF {COMMUNITY MEMBER/PROFESSIONAL} TO
TERMS TO EXPIRE DECEMBER, 2x02.
5. Butte County Emergency Medical Care Committee - action
requested - APPOINT STACIE REED {MOBILE INTENSIVE CARE
NURSE} TO A TERM TO EXPIRE JUNE 30, 1999.
6. Local Task Force for California integrated Waste
Management Board - action requested - APPOINT ARMEDA
FERRINI AND JANE TAYLOR.
7. Maternal Child and Adolescent Health Board - action
requested - REAPPOINT PAT WARREN {pROFE5SI0NAL), GWIN
RICHTER (PROFESSIONAL}, NANCY READ (DENTAL}, NANCY
WEINZINGER (SCHOOL NURSE). MIKE McIVER (CONSUMER
REPRESENTATIVE), LEE LANEY (COMMUNITY REPRESENTATIVE},
AND APPOINT ALICE ALINO, M.D. (PEDIATRICIAN), ROBERT
MICHELS (PROFESSIONAL), GALE GLENN, Ph.D. (SPECIAL
EDUCATION}, AND SHARON WEDIN, PHN (SCHOOL NURSE} TO
TERMS TO EXPIRE 2001.
8. Tri-County Economic Development Corporation Revolving
Loan Fund Administration Board - action requested -
REAPPOINT SUPERVISOR MARY ANNE ROUX, MIKE TRAVIS
(ALTERNATE), AND LEE GLEMENTS TO TERMS TO EXPIRE
JUNE, 2001.
Page 185 June 9, 1998
98-178 9. Tri-County Economic Development District and Tri-County
Small Business Development Advisory Committee - action
requested - REAPPOINT SUPERVISOR MARY ANNE HOUR, MIKE
TRAVIS (ALTERNATE), AND RICK FARLEY TO TERMS TO
EXPIRE JUNE, 2000.
10. McCoy Broadcasting, Tentative Parcel Map, AP 040-030-
066. Conditions 9 and 12 of the approved tentative map
were previously appealed to the Board. Additional
information indicates that Condition 9 has been met and
that Condition 12 is moot - action requested - DETERMTNE
THAT CONDITION 9 OF THE MCCOY BROADCASTING, TENTATTVE
PARCEL MAP, AP 040-030-066, HAS BEEN MET AND CONDITION
12 OF SAID MAP IS MOOT.
11. Information Systems - Board approval is requested for
the purchase of a Hewlett-Packard Openview software
upgrade and a Transcend Enterprise Manager software
upgrade in the combined amount of $16,070 (Department
budget) which are essential to the County computer
backbone deployment and management - action requested -
APPROVE PURCHASE OF FIXED ASSET ITEMS.
12. General Services - a listing of equipment has been
prepared which Departments have transferred as surplus
property. The equipment is proposed to be salvaged for
spare parts or sold by the purchasing agent - action
requested - DECLARE EQUIPMENT SURPLUS TO THE NEEDS OF
THE COUNTY AND AUTHORIZE THE EQUIPMENT TO BE USED AS
SPARE PARTS OR TO BE SOLD.
13. County Service Area {CSA1 102 {Meadowlark Acres) -
requested is a loan in the amount of $1,450 from the
County Service Area Revolving Loan Fund. The loan is
needed to balance the budget for the CSA and will be
paid back over a period of five years - action
requested - ADOPT RESOLUTION 98-85 APPROPRIATING MONTES
TO COUNTY SERVICE AREA 102 AND AUTHORIZE THE CHAIR TO
SIGN; AND APPROVE BUDGET TRANSFER B-346 i4 /5 vote
required).
Page 186 June 9, 1998
98-178 14. County Service Areas (CSAs} - loans are needed to cover
the costs associated with the ballot proceedings held
April 28, 1998 for the following CSAs: CSA 15 {East
Chico Lighting} - $911; CSA 17 (South Oroville Las
Plumas Park Lighting) - $2,213; CSA 30 (Vallombrosa
Lighting) - $41; and CSA 85 {Carriage Manor
Lighting) - $41. The loans will be paid back over the
period of one year - action requested - ADOPT
RESOLUTIONS 98-86, 98-87, 98-88 AND 98-89 APPROPRIATING
MONIES TO COUNTY SERVICES AREA$ 15, 17, 30 AND 85, AND
AUTHORIZE THE CHAIR TO SIGN; AND APPROVE BUDGET TRANSFER
B-349 (4/5 vote required).
15. Adoption of a salary ordinance amendment - Board
authorization is requested to extend the term of one
Deputy Sheriff position at the Butte County Consolidated
Court through June 30, 1999 {Department budget} -
action requested - ADOPT ORDINANCE 3430 AND AUTHORIZE
CHAIR TO SIGN. (FROM 5-26-98)
16. Introduction of a salary ordinance amendment and
position allocation - preliminary budget for fiscal year
1998-99 - the proposed salary ordinance incorporates
changes associated with recommendations contained within
the proposed budget for fiscal year 1998-99 as follows:
County Clerk - Elections and Registration: adds one
Elections Technician or Senior Elections Technician
position; District Attorney-Criminal: deletes one term
District Attorney Investigator II/I position (term to
end 6-30-99}, and adds one District Attorney
Investigator II/I position; Sheriff-Coroner -
Corrections: deletes one term Correctional Officer
position {term to end 6-30-98); Probation: adds one
Administrative 1lnalyst III/II/I position, one Secretary
II position, and one Probation Officer III/II/I
position;
(Continued on Page 188}
Page 187 June 9, 1998
98-178 16. Behavioral Health - General Services: adds two Program
(cont.} Manager-Mental Health positions, one Supervisor-Mental
Health Nurse position, one Supervisor-Mental Health
Clinician position, one Program Manager-Staff Services
position, one Supervisor-Accounting pasition, one Mental
Health Clinician II/I position, two term Mental Health
Clinician II/I positions (terms to end 6-30-99}, two
Mental Health Counselor III/II/I positions, four term
Mental Health Counselor III/II/I positions {terms to end
6-30-99}, one Auditor-Accountant II/I position, two
Information Systems Technician II/I positions, one
Supervisor-Staff Support Services position, one
Administrative Analyst III/II/I position, one Mental
Health Counselor II/I position, one Mental Health
Counselor III/II/I position, and one Medical Records
Technician II/I position; Behavioral Health-Substance
Abuse Services: deletes one Mental Health Clinician II/I
position, two term Mental Health Clinician II/I
positions (terms to end 6-30-99?, two Mental Health
Counselor III/II/I positions, four term Mental Health
Counselor III/II/I positions (teens to end 6-30-99}, and
one term Mental Health Counselor II position (term to
end 6-30-98}, adds one Supervising Health Education
Specialist position, one Administrative Analyst III/II/I
position, and one Principal Clerk position; Welfare-
Administration: extends ane term Welfare Program Manager
position {teen to end 12-31-98}, one term Welfare Staff
Analyst position (term to end 12-31-98), one terse Staff
Services Systems Specialist (term to end 12-31-98} and
one term Office Assistant III/II/I position {term to end
12-31-98); Administration-Buildings and Grounds
Maintenance: adds one Janitor position - action
requested - WAIVE READING OF THE ORDINANCE.
17. Introduction of a salary ordinance amendment adding one
Investigative Assistant or District Attorney
Investigator I position to the District Attorney Office-
Criminal Unit, retroactive to June 9, 199$ - action
requested - WAIVE READING OF THE ORDINANCE.
18. Resolution Proclaiming June 13, 1998 as Horse Festival
Day in Paradise - action requested - ADOPT RESOLUTION
98-90 AND AUTHORIZE THE CHAIR TO SIGN.
Page 1B8 June 9, 1998
98-178 19. Introduction of an Ordinance Establishing Speed Limits
on Certain Roads Within the County of Butte, State of
California - the ordinance proposing to set speed limits
far the Skyway came before the Board on April 28, 1998.
As a result of concerns expressed by the California
Highway Patrol, the item was continued to permit further
review. The revised ordinance is being submitted for
Board approval with the support of the California
Highway Patrol - action requested - WAIVE READING OF
ORDINANCE. (FROM 4-28-98)
20. Report to Board - regarding bids received June 2, 1998,
for the shoulder widening construction on Midway from
300 feet south of Oroville Chico Highway to 300 feet
south of Hegan Lane, County Project No. 26311-95-1 -
action requested - AWARD CONTRACT TO LOW BIDDER, BALDWIN
CONTRACTING COMPANY, INC., IN THE AMOUNT OF $417,703 AND
AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF
COUNTY COUNSEL AND AUDITOR CONTROLLER.
21. Report to Board - regarding bids received May 26, 1998,
for traffic signal installation at the intersection of ~.
Lower Wyandotte Road and Las Plumas Avenue, County
Project No. 23501-96-1 - action requested - AWARD
CONTRACT TO LOW BIDDER, CLAYBORN CONTRACT GROUP, INC.,
IN THE AMOUNT OF 5162,4$2 AND AUTHORIZE THE CHAIR TO
SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND AUDITOR
CONTROLLER.
22. California Department of Alcohol and Drug
Programs - the Butte County Department of
Behavioral Health has submitted an application for drug
court related substance abuse treatment funding. The
application has been approved and additional funding has
been awarded to continue the Butte County Drug Court
Program. The term of the grant is for a three year
period from April 1, 1998 to June 30, 2001 - action
requested - APPROVE SUBMISSION AND AWARD OF GRANT
APPLICATION. (Contract No. R40067)
Page 189 June 9, 1998
98-178 23. Butte County Department of Behavioral Health
(BCDBH)/Butte County Probation Department Memorandum of
Understanding {MOU) - proposed is a MOU to assist in the
successful continuation of the Butte County Drug Court
Program. BCDBH will provide funding to support one
half-time Probation Officer Technician to provide case
management and monitoring in support of the Drug Court
Program and urine testing for participants. The
Probation Department will provide two Probation Officers
(in-kind) and one half-time Probation Officer Technician
to provide monitoring in support of the Drug Court
Program. The term of the MOU is April 1, 1998
through June 20, 2001. Funding is from Federal Drug
Court Grant funds and is not to exceed $52,809 - action
requested - APPROVE MEMORANDUM OF UNDERSTANDING AND
AUTHORIZE THE CHAIR TO SIGN; AND APPROVE BUDGET TRANSFER
B-354 ACCEPTING AND APPROPRIATING UNANTICIPATED REVENUE
(4/5 vote required). (Contract No. X10941)
24. Tehama Recovery Center, Inc. - proposed is an agreement
to provide contracted outpatient drug free services for
Drug Court participants through the Southside Family
Resource Center. The term of the agreement is
April 1, 1998 through June 30, 2001. Funding is from
Federal Drug Court Grant funds and is not to exceed
5165,458.83 - action requested - APPROVE AGREEMENT AND
AUTHORIZE THE CHAIR TO SIGN. (Contract No. X 10930}
25. Sunrise-Chico Creek Care and Rehabilitation - proposed
is a contract renewal to provide two meals per day
(lunch and dinner} for patients in the Butte County
Psychiatric Health Facility. The term of the contract
is July 1, 1998 through June 30, 1999 with a maximum
amount of $81,180 (Realignment) - action requested -
APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN.
(Contract No. X10763}
26. Sunrise-Chico Creek Care and Rehabilitation - proposed
is a contract amendment to the agreement to provide
meals to patients in the Butte County Psychiatric Health
Facility. Due to decreased patient numbers at the
Facility, the contract is being amended down to a
maximum of $51,134 (a decrease of $30,046/ Realignment).
The term of the contract remains July 1, 1997 through
June 30, 1998 - action requested - APPROVE AMENDMENT AND
AUTHORIZE THE CHAIR TO SIGN. (Contract No. X10763)
Page 190 June 9, 1998
•. ,r
98-178 27. California Department of Transportation (CalTrans},
Aeronautic Program - on July 23, 1996, the Board
approved grant funding of $41,000 for use in preparation
of a Comprehensive Land Use Plan (CLUPs} for the Chico,
Oroville, Paradise, and Ranchaero airports. CalTrans
has agreed to add an additional $40,000 to the grant
which will require a $9,000 match by the County. The
match will be provided by staff time used to complete
the project and there will be no out of pocket expenses
to the County - action requested - ADOPT RESOLUTION
98-91 APPROVING APPLICATION AND AUTHORIZING THE CHIEF
ADMINISTRATIVE OFFICER TO SIGN ON BEHALF OF THE COUNTY
AND AUTHORIZE THE CHAIR TO SIGN.
28. William W. Lewis and Jaan O. Lewis - proposed is an
agreement with Butte County Fire Department for lease of
a building located at 2544 Highway 32, Chico, used as
Fire Station 43. The term of the lease is July 1, 1998
through June 30, 1999, in the amount of 51,350 per month =~
(Department budget} - action requested - APPROVE LEASE
AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract
No. X10157) ~..
29. William W. Lewis and Joan O. Lewis - proposed is an
agreement with Butte County Fire Department for lease of
an 80 x 40 foot metal building located at 2542 Highway
32, Chico, to be used by Fire Station 43 as apparatus
bays. The term of the Lease is July 1, 1998 through
June 30, 1999, in the amount of $925 per month ~'
{Department budget) - action requested - APPROVE LEASE
AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. {Contract
No. X10156)
30. Barbara Weibel - proposed is a lease agreement with
Butte County Fire Department for the office located at
9418-A Midway, Durham, which is used as the Battalion
Three office. The term of the lease is July 1, 1998
through June 30, 1999 in the amount of $275 per month
{Department budget) - action requested - APPROVE LEASE
AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract
No. XI0102)
Page 19I June 9, 1998
98-178 31. California Department of Forestry and Fire Protection -
proposed is an agreement to provide a power line
inspection program pursuant to a court settlement
between Pacific Gas and Electric Company (PG&E) and the
Butte County District Attorney's Office. PG&E will
spend $450,000 between July 1, 1998 and June 30, 2001 to
fund a pilot program aimed at keeping power lines and
poles clear of vegetation - action requested - ADOPT
RESOLUTION 98-92 GRANTING SIGNATURE AUTHORITY FOR
AGREEMENT TO IMPLEMENT VEGETATION CLEARANCE PROGRAM AND
AUTHORIZE CHAIR TO SIGN; AND APPROVE AGREEMENT AND
AUTHORIZE THE CHAIR TO SIGN. (Contract No. X10936)
32. 1998-99 Butte County Victim/Witness Program - the Chief
Probation Officer requests Board approval for continued
grant funding of $121,856 (100 State) for the Butte
County Victim/Witness Program by the State Board of
Control - action requested - ADOPT RESOLUTION 98-93
AUTHORIZING THE CHIEF PROBATION OFFICER TO EXECUTE THE
1998-99 VICTIM/WITNESS PROGRAM GRANT EXTENSION
{INCLUDING ANY EXTENSION OR AMENDMENTS THEREOF} AND
AUTHORIZE THE CHAIR TO SIGN.
33. County Medical Services Program (CMSP} wellness and
Prevention Grant - Board approval is requested for the
Butte County Department of Public Health to submit a
grant application in the amount $108,882 to be used for
wellness and prevention projects to improve the health
status of poor and underserved rural populations -
action requested - APPROVE SUBMISSION OF THE GRANT
APPLICATION.
34. Meg Palmer - Board approval is requested for a contract
amendment to provide physical and occupational therapy
services to children eligible for the California
Children Services (CCS) Program. The amendment
increases the maximum amount to $38,000 (25~
Realignment/50~ State/25i~ Department budget)_ The term
of the agreement remains the same - action requested -
APPROVE THE AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN.
(Contract No. X10544?
Page 192 June 9, 1998
98-178 35. State Department of Health Services - Medi-Cal Target
Case Management Provider Participation Agreement - under
the terms of this agreement, Butte County will claim
Federal reimbursement for targeted case management
services that are provided to eligible Medi-Cal
beneficiaries. The agreement covers the period of
July 1, 1998 through June 30, 2001. It is anticipated
that this program will generate $50,000 in State
revenue - action requested - APPROVE AGREEMENT AND
AUTHORIZE THE CHAIR TO SIGN. {Contract No. R400651
36. Butte County Office of Education - Butte County has been
awarded a $93,800 grant distributed by the Mangini
Litigation Steering Committee to conduct a special
tobacco education and prevention program in partnership
with the Butte County Office of Education. The program
will include efforts to reduce the illegal sale of
tobacco products to minors, a media campaign, and the
use of youth peer educators to decrease tobacco use
among minors - action requested - APPROVE GRANT
AGREEMENT WITH MANGINI LITIGATION STEERING COMMITTEE AND
SERVICE AGREEMENT WITH THE BUTTE COUNTY OFFICE OF ._.
EDUCATION AND AUTHORIZE THE CHAIR TO SIGN.
37. 1998-99 Children's Medical Services Plan - each year the
Department of Public Health prepares a Children's
Medical Services Plan for submission to the State
Department of Health Services to summarize the overall
program activities that will be accomplished within the
Child Health and Disability Prevention (CHDP) Program
and the California Children Services (CCS) Program -
action requested - APPROVE SUBMISSION OF THE PLAN AND
AUTHORIZE THE CHAIR TO SIGN.
38. Interim Personnel Director - the contract with Sharon
Stone for services as Interim Personnel Director is
scheduled to expire on June 11, 1998, and she will be
unable to extend her service to the County. Board
approval is requested to appoint Gregory P. Einhorn,
Attorney, as Interim Director-Personnel until a
permanent appointment can be made - action requested -
APPOINT GREGORY P. EINHORN AS INTERIM DIRECTOR-PERSONNEL
PENDING SELECTION OF A PERMANENT DIRECTOR-PERSONNEL.
Page 193 June 9, 1998
98-178 39. Advancement within a salary range - pursuant to
Personnel Rule 12.13, Board authorization is requested
to appoint a Family Support Administrator to step 5 of
the salary range retroactive to May 2, 1998 - action
requested - APPROVE APPOINTMENT OF FAMILY SUPPORT
ADMINISTRATOR TO STEP 5 OF THE SALARY RANGE
RETROACTIVE TO MAY 2, 1998.
MOTION: I MOVE TO APPROVE THE CONSENT AGENDA WITH ITEMS
3.22 AND 3.23 AMENDED TO ADD_~ID AUTHO$, ZE~THE
CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL
ANI~THE AUDITOR-CONTROLLER; AND THE REMOVAL OF .
ITEMS 3.03 AND 3.21.
M S
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
98-279 Items removed from the Consent Agenda for Board consideration
and action.
1. Installation of storm drain facilities for Oraville
Chico Highway from 0.34 miles east of Midway to Butte
Creek - plans and specifications have been completed for
the project - action requested - APPROVE PLANS AND
SPECIFICATIONS; AUTHORIZE THE CHAIR AND THE DIRECTOR OF
PUBLIC WORKS TO SIGN PLANS; ADOPT WAGE SCALE; AND
AUTHORIZE PUBLIC WORKS TO ADVERTISE FOR SIDS.
MOTION: I MOVE
AUTHORIZE
WORKS TO
AUTHORIZE
M
VOTE: l Y 2 Y 3
PO APPROVE PLANS AND SPECIFICATIONS;
THE CHAIR AND THE DIRECTOR OF PUBLIC
SIGN PLANS, ADOPT WAGE SCALE; AND
PUBLIC WORKS TO ADVERTISE FOR BIDS.
S
Y 4 Y 5 Y {Unanimously Carried5
98-180 Appointments - commissions and committees.
A. Appointments to committee vacancies. {NONE)
98-181. Update on legislative and budget activities. {206? (JOHN S.
BLACKLOCK, CHIEF ADMINISTRATIVE OFFICER, REPORTED THAT THE
---- STATE LEGISLATIVE CONFERENCE COMMITTEE MEETING WILL COMMENCE
THIS WEEK AND DETAILED ISSUES EXPECTED TO BE DISCUSSED BY THE
COMMITTEE.)
Page 194 June 9, 1998
98-182 Friends of the Library Groups - presentation of shared r-~r
concerns regarding funding levels for the Butte County
Library - action requested - ACCEPT FOR INFORMATION. (242)
(REPORT TO THE BOARD BY BILL HOWERTON AND ANNE NORDHUS,
FRIENDS OF THE LIBRARY GROUPS)
98-183 Public Defender Contracts - in January 1998 the Board directed
issuance of a Request far Proposal for indigent defense
services. Two proposals were received, only one of which met
full specifications, preferences, and needs of the County and
the Courts. The proposal being recommended came from the
existing consortium of private attorneys - action requested -
APPROVE PUBLIC DEFENDER CONTRACTS AND AUTHORIZE THE CHAIR TO
SIGN. ('701}
MOTION: I MOVE TO APPROVE PUBLIC DEFENDER CONTRACTS AND
AUTHORIZE THE CHAIR TO SIGN.
M S
VOTE: l Y 2 X 3 Y 4 Y 5 Y {Unanimously Carried)
98-184 Water Division Implementation Plan for fiscal year 1998-99 -
action requested - APPROVE THE PROPOSED WATER DIVISTON
IMPLEMENTATION PLAN FOR FISCAL YEAR 1998-99. (1188} (REPORT ___,
TO THE BOARD BY RICHARD PRICE, AGRICULTURAL COMMISSIONER)
MOTION: I MOVE TO APPROVE THE PROPOSED WATER DIVISION
IMPLEMENTATION PLAN FOR FISCAL YEAR 1998-99.
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
RECESS: 10:04 A.M.
RECONVENE: 10:10 A.M.
Public Hearings ansLTimed Items
98-185 County Service Area (CSA) No. 128 (Wildflower Estates
Subdivision) - the Local Agency Formation Commission
(LAFCo 11 97/98) has approved the expansion of powers of CSA
No. 128 (wildflower Estates Subdivision) to provide
maintenance for the fire suppression system - action
requested - ADOPT RESOLUTION TO EXPAND THE POWERS OF COUNTY
SERVICE AREA NO. 128. (FROM 4-28-98) (1682)
MOTION: I MOVE TO ADOPT RESOLUTION 98-94 TO EXPAND THE
POWERS OF COUNTY SERVICE AREA N0. 128.
S M
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
Page 195 June 9, 1998
~.
98-186 Public hearing - Butte County Board of Supervisors -
consideration of a Zoning Code Amendment {item determined to
be a general rule exemption from environmental review) to add
the provisions of the Policies, Procedures, and Standards far
the Firhaven Creek, Paradise Reservoir, and Magalia Reservoir
Watersheds (Resolution 87-251) to Chapter 24 of the Butte
County Code - action requested - SUBJECT TO ENVIRONMENTAL
FINDING A.) FIND THAT THE PROJECT I5 NOT SUBJECT TO
ENVIRONMENTAL REVIEW UNDER CALIFORNIA ENVIRONMENTAL QUALITY
ACT {CEQA) AS PER THE GENERAL RULE EXEMPTION; AND ZONING
ORDINANCE FINDING A.) THAT THE PROPOSED CHANGES TO THE BUTTE
COUNTY CODE ARE CONSISTENT WITH THE BUTTE COUNTY GENERAL PLAN;
MOVE TO ADOPT AN ORDINANCE AMENDING BUTTE COUNTY CODE SECTION
24-235 (B) AND (C) AND ADD SECTION 24-235.10 (WATERSHED
PROTECTION OVERLAY ZONE) AS PROVIDED IN EXHIBIT 1 OF STAFF
MEMO DATED MAY 19, 1998. (1767) {**OD)
MOTION: SUBJECT TO ENVIRONMENTAL FINDING A.) THAT THE
PROJECT IS NOT SUBJECT TO ENVIRONMENTAL REVIEW
UNDER CALIFORNIA ENVIRONMENTAL QUALITY ACT (CE(~A}
AS PER THE GENERAL RULE EXEMPTION; AND ZONING
ORDINANCE FINDING A.) THAT THE PROPOSED CHANGES TO
THE BUTTE COUNTY CODE ARE CONSISTENT WITH THE BUTTE
COUNTY GENERAL PLAN; I MOVE TO ADOPT ORDINANCE 3431
AMENDING BUTTE COUNTY CODE SECTION 24-235 (B) AND
(CJ AND ADD SECTION 24-235.10 (WATERSHED PROTECTTON
OVERLAY ZONE) AS PROVIDED IN EXHIBIT 1 OF STAFF
MEMO DATED MAY 19, 1998.
M S
VOTE: l Y 2 Y 3 Y 4 NV 5 Y (MOTION CARRIED)
RECESS: 11:23 A.M.
RECONVENE: 11:35 A.M.
Page 196 June 9, 1998
98-187 Continued 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 an 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}. (FROM 4-14-98) (1180)
(***oa)
MOTION: I MOVE TO DENY THE APPEAL AND GRANT USE
PERMIT 98-09 FOR THE BARRY. R. KIRSHNER WILDLIFE
FOUNDATION WITH THE AMENDED CONDITIONS OF APPROVAL
AS FOUND IN EXHIBIT `A' OF THE DEVELOPMENT SERVICES
DEPARTMENT AGENDA REPORT MEMORANDUM DATED
APRIL 1, 1998, WITH THE FOLLOWING CHANGES:
1. REDUCTION OF TIME FOR COMPLIANCE OF ALL
CONDITIONS IN USE PERMIT FROM 120 DAYS TO b0 DAYS
FROM ISSUANCE OF PERMIT; 2. LIMITING THE TOTAL
NUMBER OF EXOTIC ANIMALS PERMITTED AT THE SITE TO
FIFTEEN AND LIMITING THE TOTAL NUMBER OF CATS
PERMITTED TO ELEVEN; AND 3. LIMITING THE NUMBER OF
PUBLIC VISITATION VEHICLES TO TEN PER DAY.
S M
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y {Unanimously Carried)
Page 197 June 9, 1998
Y • .
98-188 CONSIDERATION OF A CLOSED SESSION CONFERENCE WITH LEGAL
COUNSEL-ACTUAL LITIGATION PURSUANT TO GOVERNMENT CODE SECTION
54957.9(a?: HRENT MCGUIRE V. COUNTY OF BUTTE (A WORKERS'
COMPENSATION CASE}
MOTION: I MOVE PURSUANT TO GOVERNMENT CODE SECTION
54954.2(b1(2) THAT THERE IS A NEED TO TAKE
IMMEDIATE ACTION AND THAT THE NEED FOR ACTION CAME
TO THE ATTENTION OF THE BOARD OF SUPERVISORS
SUBSEQUENT TO THE AGENDA BEING POSTED.
M S
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carriedl
98-189 CLOSED SESSION: The Board recessed at 1:15 p.m. to a closed
session conference with legal counsel-actual
litigation pursuant to Government Code
Section 54957.9(a1 1. Jones v. Butte
County; 2. Young v. Anderson; 3. Kasakove
v. Redmond; and 4. McGuire v. County of
Butte {a workers' compensation case;
consideration of a public employee
appointment pursuant to Government Code
Section 54957: Director-Personnel; conference
with labor negotiator pursuant to Government
Code Section 54957.6: Agency negotiator: Bill
Avery; Employee organizations: Butte County
Employees Association, Butte County
Management Employees Association, Social
Services Workers Unit, and Butte County Law
Enforcement Officer Association {General Unit
and Management-Supervisory Unit); and public
employee performance evaluations pursuant to
Government Code Section 54957:
i. Agricultural Commissioner; 2. Chief
Administrative Officer; 3. County Counsel;
4. Director-Behavioral Health; 5. Directar-
Development Services; 6. Director-Information
Systems; 7. Director-Library; 8. Director-
Public Health; 9. Director-Public Works;
10. Director-Welfare; 11. Health Officer; and
12. Public Guardian.
Page 198 June 9, 1998
(SUPERVISORS DOLAN AND HOUR NOT PRESENT)
98-189
RECONVENE: The Board reconvened at 3:05 p.m. from a
closed session conference with legal counsel-
actual litigation pursuant to Government
Code Section 54957.9{a): 1. Jones v.
Butte County; 2. Young v. Anderson;
3. Kasakove v. Redmond; and 4. McGuire v.
County of Butte (a workers` compensation
case; consideration of a public employee
appointment pursuant to Government Code
Section 54957: Director-Personnel; conference
with labor negotiator pursuant to Government
Code Section 54957.6: Agency negotiator: Bill
Avery; Employee organizations: Butte County
Employees Association, Butte County
Management Employees Association, Social
Services workers Unit, and Butte County Law
Enforcement Officer Association (General Unit
and Management-Supervisory Unit); and public
employee performance evaluations pursuant to
Government Code Section 54957:
1. Agricultural Commissioner; 2. Chief
Administrative Officer; 3. County Counsel;
4. Director-Behavioral Health; 5. Director-
Develapment Services; 6. Director-Information
Systems; 7. Director-Library; 8. Director-
Public Health; 9. Director-Public works;
10. Director-Welfare; 11. Health Officer; and
12. Public Guardian. {NO ANNOUNCEMENTS)
98-189 Report to Board regarding status
Concerning Floodplain Management
Board and County of Butte -
PROPOSED SCHEDULE FOR ADOPTION
AMENDMENT OF AGREEMENT. (1619}
MOTION: I MOVE TO APPROVE
ADOPTION OF THE LEVEE
AGREEMENT.
S M
VOTE : l Y 2 NP 3 NP 4 Y 5 Y
of Memorandum of Agreement
between State Reclamation
action requested - APPROVE
OF LEVEE REGULATIONS AND
{+***00)
THE PROPOSED SCHEDULE FOR
REGULATIONS AND AMENDMENT OF
(Nation Carried}
Page 199 June 9, 1998
98-190 Annual Elected Department Head Presentations - County Clerk-
Recorder and District Attorney - to discuss department issues
and goals and to voice mutual concerns - action requested -
ACCEPT FOR INFORMATION. (NO ACTION TAKEN/ITEM TO BE
RESCHEDULED)
98-191 Public Comment. (PRESENTATIONS WILL BE LIMITED TO FIVE
MINUTES. THE BOARD OF SUPERVISORS IS PROHIBITED HY STATE LAW
FROM TAKING ACTION ON ANY ITEM PRESENTED IF IT IS NOT LISTED
ON THE AGENDA.) (NONE)
98-192 Communications received and referred. (COPIES OF ALL
COMMUNICATIONS ARE AVAILABLE IN THE CLERK OF THE BOARD
OFFICE.)
A. Ronald Kepler, Manager, Insurance Services Office, Inc.,
(ISO? writes to John Blacklock, Chief Administrative
Officer, thanking him and Michael C. Vieira, Manager,
Building Division, for their assistance given to the ISO
representative during the survey period needed to
prepare the Building Code Effectiveness Grading
Classification Report; a copy of which was included with
the correspondence. The report is an underwriting and
information tool used by insurers, which provides a
rating schedule insurers may use to assign rating
credits to individual property insurance policies in
recognition of community efforts to mitigate property
damage due to natux'al causes. (REFER TO DIRECTOR-
DEVELOPMENT SERVICES, BUTTE COUNTY FIRE WARDEN)
ADJOURNMENT: There being no further business before the
Board the meeting was adjourned at 3:45 p.m.
to reconvene on Tu day, June 23, 1998 at
9:00 a.m.
~ ~ ~~
Fred C. Davis, Chair
ATTEST:
-- John S. Blacklock, Chief Administrative Officer
and Clerk of the Bo of Supervisors
By : ,Z ~yj' ~ - , ~ ~~,
Page 200 June 9, 1998