HomeMy WebLinkAboutM061196MINUTES
BOARD OF SUPERVISORS
ED McLAUGHLIN, Ath District, Chair
VIVIAN MEYER, 1st District
JANE DOLAN, 2nd District
MARY ANNE HOUR, 3rd District
GORDON THOMAS, 5th District
June 11. 1996
Call to order - Board of Supervisors room, County Administration Building,
25 County Center Drive, Oroville. Present: Supervisors V. Meyer, Dolan, Houx,
Thomas and Chair McLaughlin. John S. Blackltxk, Chief Administrative Officer;
Susan Minasian, County Counsel; and Carol Roach, Assistant Clerk of the Board.
Pledge of allegiance to the Flag of the United States of America.
Invocation -Rev. Christine Jeffers, Church of Religious Science, Chico.
96-160 Items removed from the Consent Agenda for Board consideration and action.
Memorandum of Understand (MOU) with the Butte County Social Service
Workers' Unit (CWA, AFL-CIO) -Communication Workers' of America,
AFL-CIO and the Board of Supervisors have agreed to a successor MOU
effective for the contract period of October 1, 1994 through September 30,
1997. The agreement provides for a salary increase effective the first pay
period of June, 1996 with no retroactivity -action requested:
A. APPROVE THE COMMUNICATION WORKERS OF AMERICA,
AFL-CIO MEMORANDUM OF UNDERSTANDING AND
AUTHORIZE THE CHAIR TO SIGN; AND
B. Adoption of a salary ordinance amendment which incorporates a
revised salary table for Section 3, Reference E, Salary Plan for
Classified Positions -Social Services Workers' Unit Classifications -
the revised table establishes an hourly rate of pay regardless of the
work week schedule assigned. In accordance with the Social Services
Workers' Unit Memorandum of Understanding, the Salary Plan
establishes the salary rates by providing an across the board five
percent increase (one step adjustment) with no retroactivity to all unit
employees by: 1) Establishing Step 6 (all employees at Step 5 will go
to Step 6); and 2) Employees currently at Step 1,2,3 and 4 will go to
the next higher step, i.e., Step 2, 3, 4 and 5 respectively -action
requested -ADOPT ORDINANCE AND AUTHORIZE THE
CHAIR TO SIGN. (FROM 5-28-96)
Page 163
June 11, 1996
June 11, 1996
Consent Agenda
96-161 1. Approval of minutes -action requested -APPROVE MINiJTES OF
MAY 28, 1996.
2. Budget transfers -action requested -APPROVE BUDGET TRANSFERS
B-216 (JLJVENII,E HALL), B-215 (PROBATION), AND B-212 (PUBLIC
HEALTH/EMERGENCY MEDICAL SERVICES TRUST FUND.)
3. County Library donations - in accordance with Government Code Section
25355, donations of $3,320 from Chico Friends of the Library, $1,679.01
from Quota International of Oroville and Oroville Friends of the Library,
$1,000 from Anne Frank Exhibit, Chico, $500 from Fraternal Order of Eagles,
Bradenton, FL, $100 from Mr. and Mrs. John A. Wilson, Willoughby Hills,
OH, and $100 from Beverly B. Corry, Paradise have been received for the
Butte County Trust Fund for the purchase of books -action requested -
ACCEPT DONATIONS AND AUTHORIZE LETTERS OF
APPRECIATION.
4. Butte County Maternal Child and Adolescent Health Board -action
requested -APPOINT FRAM PATRICK (SCHOOL HEALTH MEMBER)
TO AN UNEXPIRED TERM TO END MARCH, 1997.
5. Ron and Estelle Hall, Chico - file an Amended Notice of Claim for Damages
Sustained as a Result of Holly Avenue Bridge and Road Construction Project
in an unspecified amount as a result of alleged injury and damage to claimant's
property said to have been caused by the County's construction activities of
the bridge over Lindo Channel immediately adjacent to claimant's property on
or about May, 1995 -action requested -REJECT AMENDED NOTICE OF
CLAIM AND REFER TO COUNTY COUNSEL AND RISK MANAGER.
6. New Court Building -Contract Change Order (CCO) No. 20 - CCO No. 20
in the increasing amount of $35,198 provides for the installation of wheel
chair lifts in courtrooms 1, 2 and 3 as required by law. Funding is available
from within project contingencies -action requested - CCO NO. 20 AND
AUTHORIZE THE GENERAL SERVICES DIRECTOR TO SIGN.
7. Sheriff-Coroner -Board approval is requested for the purchase of one
helicopter helmet in the maximum amount of $825, including tax and shipping
(Federal funds/Office of Criminal Justice Planning) for use by a County
employee while flying marijuana reconnaissance missions as part of the
Special Enforcement Unit/Marijuana Suppression Program -action
requested -APPROVE BUDGET TRANSFER B-213 AND PURCHASE
OF FIXED ASSET ITEM.
Page 164
June 11, 1996
June 11, 1996
96-161 8. Sheriff Coroner -Board approval is requested for a DATA 911 upgrade to
the CLETS Programs in the maximum amount of $4,375 (Department
budget) -action requested -APPROVE BUDGET TRANSFER B-214 AND
PURCHASE OF FIXED ASSET ITEMS.
9. Hinderleiter, deLamas & Associates (HDL) -sales, franchise and utility tax
audit contract - the Auditor and Treasurer Tax-Collector are proposing that
HDL be retained to conduct an audit of sales, franchise and utility taxes. The
firm will assist local businesses in differentiating between city and county,
ensure that taxpayers are not being over or under billed, and assist the cellular
phone companies in implementing the utility tax. Except for a nominal
amount charged for preparing data entry information for the cellular phone
companies, HDL will be compensated based on a percentage of the additional
revenues derived from the audit - action requested - APPROVE
AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO
APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-
CONTROLLER.
10. Introduction of ordinance amending Article IV, "Flood Hazard
Prevention," of Chapter 26 of the Butte County Code -action requested -
WAIVE READING OF THE ORDINANCE. (FROM 5-14-96)
11. Introduction of an ordinance adding Sections 2-19.1 and 2-19.2 to the Butte
County Code, entitled respectively "Review of Appealable Actions" and
"Withdrawal of Appeal" -action requested -WAIVE READING OF THE
ORDINANCE.
12. Resolution establishing Butte County Employee Recognition Program -
action requested -ADOPT RESOLUTION 96-61 AND AUTHORIZE THE
CHAIR TO SIGN.
13. Approval of plans and specifications for regrading of Bald Rock Road, from
five miles east to six miles east of Oroville Quincy Highway, County contract
no. 44605A-95-1 -plans and specifications have been completed for the
project. The project is budgeted to be partially funded by grant financing
from the Butte County Air Quality Management District (A.Q.M.D), under
the Motor Vehicle Emissions Grant Program -action requested -APPROVE
PLANS AND SPECIFICATIONS; ADOPT WAGE SCALE; AND
AUTHORIZE PUBLIC WORKS TO ADVERTISE FOR BIDS SUBJECT
TO BOARD ADOPTION OF FISCAL YEAR 1996-97 PROPOSED
BUDGET AND PROPOSED PUBLIC WORKS ROAD AND BRIDGE
CONSTRUCTION PROGRAM, AND A.Q.M.D. GRANT FUNDING.
Page 165
June 11, 1996
June 11,1996
96-161 14. Approval of plans and specifications for construction of pavement overlays
on portions of Durham Pentz Road, Seven Mile Lane and Ord Ferry Road,
County contract no. AC-96-2 -plans and specifications have been completed
for the project - action requested - APPROVE PLANS AND
SPECIFICATIONS; ADOPT WAGE SCALE; AND AUTHORIZE PUBLIC
WORKS TO ADVERTISE FOR BIDS SUBJECT TO BOARD ADOPTION
OF FISCAL YEAR 1996-97 PROPOSED BUDGET AND PROPOSED
PUBLIC WORKS ROAD AND BRIDGE CONSTRUCTION PROGRAM.
15. Warner Street Reconstniction Project, West 1st Avenue to West 6th Avenue -
in fiscal year 1992-93 the County and the City of Chico entered into a
cooperative agreement to jointly share the cost of the project to reconstruct
Warner Street, from West 1st Avenue to West 6th Avenue. At that time
$231,215 was appropriated and encumbered for the County's share of the
construction contract. The project has been completed and the County's
share of the total project, including engineering, is $304,103.19 -action
requested -APPROVE BUDGET TRANSFER B-217 APPROPRIATING
AN ADDITIONAL $72,889 FROM CHICO STREET FEES (FUND 1800)
TO PUBLIC WORKS (530009-548001) ROAD CONSTRUCTION-
CONTRACTS.
16. 1996-97 Weights and Measures agreement (no. W-56904) -the proposed
agreement is to augment, improve and maintain a uniform and viable
inspection program of establishments licensed as weighmasters. The State
Department of Food and Agriculture, Division of Measurement Standards,
will reimburse the County $63 per initial inspection conducted not to exceed
$1,260 -action requested -APPROVE AGREEMENT AND AUTHORIZE
THE DIRECTOR-WEIGHTS AND MEASURES TO SIGN.
17. 1996-97 Weights and Measures Petroleum agreement (no. P-56904} -the
proposed agreement is to augment, improve and maintain a uniform and viable
inspection program of establishments selling or distributing petroleum
products. The State Department of Food and Agriculture, Division of
Measurement Standards, will reimburse the County $72 per initial inspection
conducted not to exceed $5,400 - action requested - APPROVE
AGREEMENT AND AUTHORIZE THE DIRECTOR-WEIGHTS AND
MEASURES TO SIGN.
18. State Structural Pest Control Board -written certified applicator
examinations -the proposed memorandum of understanding (MOU) allows
the Agricultural Commissioner to adnunister written certified applicator
examinations in accordance with conditions listed in the MOU. The
Commissioner may charge and receive $15.00 per examinee for each
administration of the examination -action requested -APPROVE MOU AND
AUTHORIZE THE AGRICULTURAL COMMISSIONER TO SIGN.
Page 166 June 11, 1996
June 11, 1996
96-161 19. State Department of Food and Agriculture -nursery agreement -proposed is
an agreement (no. 96-0009) wherein the County agrees to perform inspections
of nwsery stock of all County producer/wholesale acreage and to respond to
complaints at retail establishments, and to enforce all laws and regulations
pertaining to nwsery stock including licensing requirements. The term of the
agreement is July 1, 1996 through June 30, 1997 in the maximum amount of
$653 (an additional $50 may be paid for new licensees) -action requested -
APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN.
20. State Department of Food and Agriculture -egg quality control -proposed
is an agreement (no. 96-0133) to provide for County inspection of a minimum
number of egg samples under retail monitoring and a minimum number of egg
samples under wholesale monitoring commencing July 1, 1996 through
June 30, 1997 in the maximum amount of $1,341.36 (State/Federal) -action
requested -APPROVE AGREEMENT AND AUTHORIZE THE CHAIR
TO SIGN.
21. State Department of Pesticide Regulation -pesticide use enforcement -the
proposed contract (no. 96-0005) provides $32,725 (100% State) funding for
the Agricultural Commissioner to perform enforcement of pesticide permit
regulations during fiscal year 1996-97 -action requested -APPROVE
CONTRACT AND AUTHORIZE THE CHAIR TO SIGN.
22. State Department of Pesticide Regulation -pesticide application reporting -
proposed is an agreement (no. 96-0069) that provides reimbursement to the
County of up to $21,300 for fiscal year 1996-97 for data entry of all use
reports upon submittal to Department of Pesticide Regulation in disk format -
action requested -APPROVE AGREEMENT AND AUTHORIZE THE
CHAIR TO SIGN.
23. State Department of Pesticide Regulation -pesticide use reporting -proposed
is an agreement (no. 96-0124) wherein under the terms of a memorandum of
understanding for pesticide use reporting between the State and the
Agricultural Commissioner, the State will reimburse the County a maximum
amount of $22,900 commencing July 1, 1996 through June 30, 1997 -action
requested -APPROVE AGREEMENT AND AUTHORIZE THE CHAIR
TO SIGN.
Page 167
June 11, 1996
June 11. 1996
96-161 24. Energy Management Program -the energy services design and installation
agreement and financing plan have been prepared for the program -action
requested:
A. APPROVE THE DESIGN AND INSTALLATION AGREEMENT
WITH AIRCON ENERGY, INC. AND AUTHORIZE THE CHAIR
TO SIGN; AND
B. ADOPT RESOLUTION 96-62 APPROVING CERTAIN ENERGY
CONSERVATION MEASURES, AUTHORIZING EXECUTION
OF LEASE AND RELATED DOCUMENTS, SIGNATORIES AND
MAKING OTHER DETERIVIINATIONS IN CONNECTION
THEREWITH AND AUTHORIZING THE CHAIR TO SIGN,
SUBJECT TO APPROVAL BY COUNTY COUNSEL AND THE
AUDITOR-CONTROLLER.
25. Loumark Associates, San Rafael -proposed are leases and agreements for
office space at 564 Rio Lindo Avenue, Suites 103, 206 and 207, Chico
(approximately 5,850 square feet at $.70 a square foot), which will bring the
delivery of services of the County's Alcohol, Drug and Mental Health
Services, Youth Services Unit under one roof and allow for space to conduct
the delivery of new services under the recently awarded five-year grant. The
leases and agreements cover the period June 1, 1996 through June 30, 1997
(1995-96 $4,083.33 [Federal Block Grant and OCJP Grant]), and 1996-97
$48,999.96 [realignment, Federal Block Grant, OCJP Grant) -action
requested -APPROVE LEASES AND AGR.f:EMENTS AND AUTHORIZE
THE CHAIR TO SIGN.
26. 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 the 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. The maximum Federal fund
dollars "passed through" to Victor Treatment Center, under the term of this
contract, will be $349,987 ($335,200 for day rehabilitation and $14,787 for
medication support). For this service, the Center will pay Butte County a
maximum amount of $75,000. The term of this contract is July 1, 1995
through June 30, 1996 -action requested -APPROVE CONTRACT AND
AUTHORIZE THE CHAIIt TO SIGN.
Page 168
June 11, 1996
Tune l 1, 1996
96-161 27. 1996-97 Butte Anti-Drug Special Supervision (B.A.S.S.) Progam -Board
approval is requested for the Chief Probation Officer to submit an application
to the Office of Criminal Justice Planning (OCJP) for an B.A. S. S. grant in the
amount of $233,933 -action requested -ADOPT RESOLUTION 96-63
AUTHORIZING CHIEF PROBATION OFFICER TO SUBMIT AN
APPLICATION FOR FUNDS PURSUANT TO THE ANTI-DRUG ABUSE
ACT OF 1988 AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO
APPROVAL OF THE AUDITOR-CONTROLLER AND CHIEF
ADMINISTRATIVE OFFICER.
28. 1996-97 animal boarding services for animal control -proposed are
agreements for the sheltering of animals for the County of Butte by the
Northwest Society for the Prevention of Cruelty to Animals (N.W.S.P.C.A.)
and the Butte Humane Society (B.H.S.) to provide animal boarding,
quarantine, euthanasia, and disposal services. The proposed annualized cost
in the maximum amount of $235,000 is funded from County Service Area No.
164 (Animal Control) and the Department budget -action requested -
APPROVE AGREEMENTS AND AUTHORIZE THE CHAIlt TO SIGN.
29. State Department of Health Services -Family Planning Program -proposed
is an amendment to the agreement which increases the maximum amount
payable to Butte County for family planning related services to $63,238 for
the period July 1, 1995 to June 30, 1996 (for the entire contract period of
July 1, 1994 to June 30, 1997, the maximum amount payable has been
increased to $238,745) (100% State) -action requested -APPROVE
AMENDMENT TO AGREEMENT AND AUTHORIZE THE CHAIR TO
SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE
AUDITOR-CONTROLLER.
30. Conflict of Interest Code -the Durham Mosquito Abatement District has
submitted to the Board of Supervisors for approval by its code reviewing
body pursuant to Government Code Section 87303, its amended Conflict of
Interest Code to reflect the Clerk of the Board of Supervisors as the "Place
of Filing", and an updated Appendix "A" to its code. County Counsel has
reviewed the amendments and recommends Board approval -action
requested -APPROVE AMENDED CONFLICT OF INTEREST CODE AS
SUBMITTED.
Page 169
June 11, 1996
June 11, 1996
96-161 31. Lake Madrone WaterDistrict -the District recerrtly reviewed its By-Laws and
determined that they were in need of revision to conform with practice.
Pursuant to California Water Code Section 35305, the amended By-Laws
were approved by a four-fifths vote of the Directors and are being submitted
to the Board of Supervisors for approval. County Counsel has reviewed the
amendments and recommends Board approval -action requested -APPROVE
AMENDED BY-LAWS OF THE DISTRICT AS SUBMITTED.
MOTION: I MOVE TO APPROVE THE CONSENT AGENDA WITH THE
REMOVAL OF ITEM 3.27.
M S
VOTE: l Y 2 Y 3 Y 4 Y S Y (Unanimously Carried)
Regular Agenda
96-162 Appointments -commissions and committees.
A. Appointments to committee vacancies.
B. Butte County Housing Authority Board - action requested -
APPOINT/REAPPOINT QNE TENANT MEMBER TO A TERM TO
EXPIRE APRII. 21, 1998. (FROM 5-14-96) (NO ACTION
TAKEN/CONTINUED TO MEETING OF JUNE 25, 1996)
96-163 Update on Sacramento legislative and budget activities. (100) (JOHN S.
BLACKLOCK, CHIEF ADMINISTRATIVE OFFICER, AND ED McLAUGHLIN,
BOARD CHAIIt, REPORTED ON THEIR ATTENDANCE LAST WEEK AT
THE CALIFORNIA STATE ASSOCIATION OF COUNTIES [CSAC]
GOVERNMENT FINANCE AND OPERATIONS COMMITTEE MEETING IN
SACRAMENTO ON AB8/AB 2167 [RICHTER])
A. Resolution Supporting Full State Funding of the Greater Avenues for
Independence (GAIL Program -action requested:
1) ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO
SIGN; AND
2) DIRECT THAT COPIES OF THE RESOLUTION BE SENT TO
GOVERNOR WILSON, STATE SENATE AND ASSEMBLY
BUDGET CONFERENCE COMMITTEES, COUNTY STATE
REPRESENTATIVES AND COUNTY LOBBYIST. (306)
Page 170
June 11, 1996
June 11, 1996
96-163 MOTION: I MOVE TO 1) ADOPT RESOLUTION 9b-64 AND AUTHORIZE
THE CHAIR TO SIGN; AND 2) DIRECT THAT COPIES OF THE
RESOLUTION BE SENT TO GOVERNOR WILSON, STATE
SENATE AND ASSEMBLY BUDGET CONFERENCE
COMMITTEES, COUNTY STATE REPRESENTATIVES AND
COUNTY LOBBYIST.
S M
VOTE: l Y 2 Y 3 Y 4 Y S Y (Unanimously Carried)
96-164 Initiative ordinance regarding the regulation of the extraction of groundwater within
the Butte Groundwater Basin -action requested - REQUEST A REPORT
PURSUANT TO ELECTIONS CODE SECTION 9111 TO INCLUDE BOARD
DIRECTION REGARDING THE SCOPE OF THE REPORT AND THE AGENCY
OR AGENCIES WHICH WOULD PREPARE IT. (352) (BOARD DIRECTION
TO THE CHIEF ADMINISTRATIVE OFFICER TO PREPARE A REPORT WITH
ITS SCOPE LIlvIITED TO DIRECT COST TO THE COUNTY; TO INCLUDE
DISCUSSION OF OTHER FISCAL FACTORS AS APPROPRIATE; AND TO
TENTATIVELY RETURN TO THE BOARD AT ITS MEETING ON JULY 23,
1996)
96-165 Water Wells:
A. Introduction of an ordinance amending Chapter 23B of the Butte County
Code, entitled "Water Wells" -action requested -WAIVE READING OF
THE ORDINANCE; AND
B. Setting of a public hearing -consideration of a proposed ordinance amending
paragraph H(1) of Section 43-1 of the Butte County Code, regarding water
well permit fees -action requested - SET A PUBLIC HEARING FOR
TUESDAY, JUNE 25, 1996 AT 11:00 A.M. (694)
MOTION: I MOVE TO A) WAIVE READING OF THE ORDINANCE; AND
B) SETA PUBLIC HEARING FOR TUESDAY, JUNE 25, 1996
AT 11:00 A.M.
S M
VOTE: l Y 2 Y 3 Y 4 Y S Y (Unanimously Carried)
Page 171
June 11, 1996
June 11, 1996
96-166 Salary ordinance amendment related to the 1996-97 proposed budget:
A. Introduction of a salary ordinance amendment which incorporates personnel
changes associated with recommendations contained within the Proposed
Budget for Fiscal Year 1996-97. This salary ordinance addresses term
allocated positions that are due to expire June 30. The team allocated
positions have been either extended to correspond with the specific term of
State or Federal revenues to support the positions, converted to regular help
where ongoing State and Federal funding is available to support the positions,
or eliminated as funding ceases; and
B. Adds six term positions (100% State) to the Butte County Alcohol, Drug and
Mental Health Services budget unit for the period July 1, 1996 through June
30, 1997 for the provision of perinatal services. The Touchstone Perinatal
Program is currently being provided by Enlce Hospital through June 30, 1996,
and as of July 1, 1996 will be provided by Butte County Alcohol, Drug,
Mental Health Services -action requested -WAIVE READING OF THE
ORDINANCE. (775)
MOTION: I MOVE TO WAIVE READING OF THE ORDINANCE.
M S
VOTE: 1 2 3 4 5 (Motion Withdrawn)
MOTION: I MOVE TO WAIVE READING OF THE ORDINANCE (NOT
INCLUDING THE SIX PROPOSED TERM POSITIONS TO THE
BUTTE COUNTY ALCOHOL, DRUG AND MENTAL HEALTH
SERVICES BUDGET UNIT/TOUCHSTONE PERINATAL
PROGRAM. )
M S
VOTE: I Y 2 Y 3 Y 4 Y S Y (Unanimously Carved)
MOTION: I MOVE TO WAIVE READING OF THE ORDINANCE ADDING
SIX TERM POSITIONS TO THE BUTTE COUNTY ALCOHOL,
DRUG AND MENTAL HEALTH SERVICES BUDGET UNIT
(TOUCHSTONE PERINATAL PROGRAM.)
M S
VOTE: l Y 2 Y 3 Y 4 Y S Y (Unanimously Carried)
Page 172
June 11, 1996
June 11, 1996
96-167 Alcohol, Drug and Mental Health Housing Grant Application -Board approval is
requested for the submission of a preliminary grant application to the U. S.
Department of Housing and Urban Development (HUD) to provide case management,
"Shelter Plus Care" rental assistance through the Housing Authority of Butte County,
in-home detoxification and outreach services in the approximate grant amount of $2
million over a three to five year period. This preliminary grant application is the first
of a two step grant application process. The second step involves consideration of
a detailed program and Board action on acceptance of funds if awarded by HUD -
action requested -AUTHORIZE THE DIRECTOR-MENTAL HEALTH TO
SUBMIT THE PRELIlvIINARY APPLICATION AND TO SIGN ALL REQUIRED
RELATED DOCUMENTS. (1445)
MOTION: I MOVE TO AUTHORIZE THE DIRECTOR-MENTAL HEALTH
TO SUBMIT THE PRELII~~IINARY APPLICATION AND TO SIGN
ALL REQUIRED RELATED DOCUMENTS, AND TO WORK
VERY CLOSELY WITH THE AUDITOR-CONTROLLER,
COUNTY COUNSEL AND CHIEF ADMWISTRATIVE OFFICER
TO DEVELOP THIS PROPOSAL.
M S
VOTE: 1 N 2 Y 3 Y 4 N S Y (Motion Carried)
96-168 An ordinance amending the Subdivision Ordinance of the County of Butte (Chapter
20 of the Butte County Code) -action requested -WAIVE READING OF THE
ORDINANCE. (2425)
MOTION: I MOVE TO WAIVE READING OF THE ORDINANCE.
M S
VOTE: l Y 2 Y 3 Y 4 Y S Y (Unanimously Carved)
RECESS: 10:20 A.M.
RECONVENE: 10:35 A.M.
Page 173
June 11, 199b
June 11 } 1996
Public Hearings and Timed Items
96-169 Continued hearing -Amendment 13 to Water Supply Contract between County of
Butte and California Department of Water Resources (the "Monterey Agreement") -
consideration of the Final Environmental Impact Report (FEIR) for implementation
of the Monterey Agreement Statement of Principles by the State Water Contractors
and the State of California Department of Water Resources for potential amendments
to the State water supply contracts -action requested -ADOPTION OF A
RESOLUTION ADOPTING FINDINGS AND A MITIGATION MONITORING
PROGRAM, APPROVING THE MONTEREY AGREEMENT, AND
AUTHORIZING THE CHAIR OF THE BOARD TO EXECUTE SAID
AGREEMENT. (2470) (**00) (DARING OPENED AND CONTINUED OPEN
TO TUESDAY, AUGUST 13, 1996 AT 10:00 A.M.)
96-170 Public hearing -California Department of Housing and Community Development -
to review the Grantee Performance Report and Certificate of Completion on the
performance of the 93-STBG-687 Housing Rehabilitation Grant -action requested -
APPROVE GRANTEE PERFORMANCE REPORT AND CERTIFICATE OF
COMPLETION AND AUTHORIZE THE CHAIR TO SIGN. (130)
MOTION: I MOVE TO APPROVE THE GRANTEE PERFORMANCE
REPORT AND CERTIFICATE OF COMPLETION AND
AUTHORIZE THE CHAIR TO SIGN.
S M
VOTE: l Y 2 Y 3 Y 4 Y S Y (Unanimously Carried)
96-171 Public hearing -consideration of an ordinance amending Chapter 3 of the Butte
County Code, entitled "Fees", regarding the fees of the Development Services
Department, Fire Department and Public Works Department -action requested -
ADOPT ORDINANCE AND AUTHORIZE THE CHAIR TO SIGN. (205)
MOTION: I MOVE TO ADOPT ORDINANCE 3269 AND AUTHORIZE THE
CHAIR TO SIGN.
S M
VOTE: l Y 2 Y 3 Y 4 Y S Y (Unanimously Carried)
(CHAIR McLAUGHLIN NOT PRESENT/VICE CHAIR MEYER PRESIDING)
Page 174
June 11, 1996
June 11. 1996
96-172 Continued hearing - Jeni Kizziar -consideration of an appeal of the Planning
Commission's approval of the Cal Soccer Club use permit (item on which a negative
declaration regarding environmental impacts has been recommended), to allow afive-
field soccer complex on property zoned R-1 (Residential), property located on the
north side of Sycamore Drive and adjacent to Highway 99, identified as AP 007-
010-037 and 007-420-053, Chico. (300) (DARING OPENED)
MOTION: I MOVE TO CONTINUE THE HEARING OPEN TO TUESDAY,
JANUARY 28, 1997 AT 10:00 A.M.
M S
VOTE: l Y 2 Y 3 Y 4 NP S Y (Unanimously Carried)
96-173 Public Comment. (PRESENTATIONS WII.L BE LIlvIITED 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)
96-174 Consideration of staffs request for Board approval to place on the agenda for a
closed session an item that was not on the printed agenda, pursuant to Government
Code Section 54954.2(b)(2): immediate action necessary and the need for action
arising after the printing and posting of the agenda. The subject of the closed session
is a conference with real property negotiator to provide instruction to that negotiator.
The need for these instructions arose after the agenda was prepared and staff believes
that this instruction should be provided by the Board in closed session before the next
regularly scheduled Board meeting.
MOTION: I MOVE THAT THE SUBJECT OF THE CLOSED SESSION IS A
CONFERENCE (PURSUANT TO GOVERNMENT CODE
SECTION 54956.8) WITH REAL PROPERTY NEGOTIATOR
(PROPERTY: ADJACENT TO 909 E. 16TH ST., AP NO. 5-422-
04, 5-450-07, -08; NEGOTIATING PARTIES: COUNTY OF
BUTTE AND MARY BETTENCOURT; UNDER NEGOTIATION:
PRICE, TERMS AND CONDITIONS OF POTENTIAL SALE) TO
PROVIDE INSTRUCTION TO THAT NEGOTIATOR, AND THE
NEED FOR THESE INSTRUCTIONS AROSE AFTER THE
AGENDA WAS PREPARED AND STAFF BELIEVES THAT THIS
INSTRUCTION SHOULD BE PROVIDED BY THE BOARD IN
CLOSED SESSION BEFORE THE NEXT REGULARLY
SCHEDULED BOARD MEETING.
M S
VOTE: l Y 2 Y 3 Y 4 NP S Y (Unanimously Carried)
Page 175
June 11, 1996
Jsine 11, 1996
(JOHN S. BLACKLOCK, CHIEF ADMINISTRATIVE OFFICER, ADVISED THE
BOARD THAT BASED UPON A COUPLE OF INQUIRES RECEIVED, HE IS
CONSIDERING BRINGING BACK BEFORE THE BOARD AT ITS NEXT
MEETING AN ACTION TO CANCEL THE JULY 9 BOARD MEETING
BECAUSE IT FOLLOWS A HOLIDAY)
96-175 CLOSED SESSION: The Board (Chair McLaughlin not present) recessed at
11:05 a.m. to a closed session conference with legal counsel
for actual litigation pursuant to Government Code Section
54956.9(a): Young v. Anderson and Turner v. Dolan, et al.;
a conference with legal counsel for initiation of litigation
pursuant to Government Code Section 54956.9(c): Three
Potential Cases; conference with real property negotiator
pursuant to Government Code Section 54956.8: Property:
Adjacent to 909 E. 16th Street, Chico, AP 5-422-04 and 5-
450-07, -08; Negotiating parties: County of Butte and Mary
Bettencourt; Under negotiation: price, terms and conditions of
potential sale; conference with labor negotiator pursuant to
Government Code Section 54957.6: Agency Negotiator: Bill
Avery; Employee Organization: Butte County Employees
Association (BCEA); Public Employee Performance
Evaluation pursuant to Government Code Section 54957:
Director-Development Services.
RECONVENE: The Board reconvened at 12:40 p.m. following a closed
session conference with legal counsel for actual litigation
pursuant to Government Code Section 54956.9(a): Young v.
Anderson and Turner v. Dolan, et al.; a conference with legal
counsel for initiation of litigation pursuant to Government
Code Section 54956.9(c): Three Potential Cases; conference
with real property negotiator pursuant to Government Code
Section 54956.8: Property: Adjacent to 909 E. 16th Street,
Chico, AP 5-422-04 and 5-450-07, -08; Negotiating parties:
County of Butte and Mary Bettencourt; Under negotiation:
price, terms and conditions of potential sale; conference with
labor negotiator pursuant to Government Code Section
54957.6: Agency Negotiator: Bill Avery; Employee
Organization: Butte County Employees Association (BCEA);
Public Employee Performance Evaluation pursuant to
Government Code Section 54957: Director-Development
Services. (NO ANNOUNCEMENTS)
Page 176
June 11, 1996
June 11, 1996
Communications
96-176 Communications received and referred. (COPIES OF ALL COMMUNICATIONS
ARE AVAILABLE IN THE CLERK OF THE BOARD OFFICE.)
A. Fran M. Layton, Shute, Mihaly & Weinberger, Attorneys at law, San
Francisco - on behalf of their client, the County of San Bernardino, request
the County provide them with copies of any notices, board agendas or staff
reports relating to the Board of Supervisors' consideration of any motion,
resolution, or other proposed action involving the Ward Valley low-level
radioactive waste facility that is proposed for development in the County of
San Bernardino. (REFER TODIRECTOR-PUBLIC WORKS AND CLERK
OF THE BOARD)
B. Michael McGinnis, Mayor, City of Chico -writes to the Board that at its May
21, 1996 meeting, the City Council authorized placement of a measure on the
November 5th ballot which would prohibit smoking in bars located in the
City. The City Council also requested that the Board of Supervisors be asked
to place a similar measure on the November ballot to cover the
unincorporated portions of the Chico Urban Area so, if approved, the
regulations would be consistent. (REFER TO DIRECTOR-PUBLIC
HEALTH, COUNTY COUNSEL AND CHIEF ADMII~TISTRATIVE
OFFICER)
C. US Army Corps of Engineers, Sacramento -forward public notice (no.
199600107) of an application by the Union Pacific Railroad Company,
Omaha, NE for a Department of Army permit under authority of Section 404
of the Clean Water Act to replace two railroad bridges and widen the existing
railroad embankment in North Honcut Creek and adjacent wetlands.
Interested parties are invited to submit written comments on or before June
27, 1996. (REFER TO DIRECTOR-PUBLIC WORKS, DIRECTOR-
DEVELOPMENT SERVICES, COUNTY COUNSEL AND SUPERVISOR
MEYER)
D. Luis E. Cebrian, M.D., Chico -writes with specific concerns in regard to the
proposed Collier emergency care facility. (REFER TO COUNTY
COUNSEL, DIRECTOR-DEVELOPMENT SERVICES, AND DIRECTOR-
SOCIAL WELFARE)
Page 177
June I1, I996
June 11, 1996
ADJOURNMENT: There being no further business before the Board, the meeting
was adjourned at 12:40 p.m. to reconvene on Tuesday,
June 25, 1996 at 9:00 a.m.
ATTEST:
JOHN S. BLACKLOCK, Chief Administrative Officer
and Clerk of the Bo of Supervisors
By:
Page 178
June 11, 1996