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ED McIAUCiHLIN, 4th District, Chair
VIVIAN MEYER, 1st District
JANE DOLAN, 2nd District
MARY ANNE HOUR, 3rd District
GORDON THOMAS, 5th District
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. Blacklock, Chief
Administrative Officer; Susan Minasian, County Counsel;
and Carol Roach, Assistant Clerk of the Board.
Pledge of allegiance to the Flaq of the United States of
America.
Invocation - Pastor Don North, Trinity Bible Church,
Oroville.
95-158 Items removed from the Consent Agenda for Berard
consideration and action.
1. Public Health Department - consideration of an
ordinance amending Chapter 43, Section 43-1 of the
Butte County Code establishing fees for services
rendered by the Public Health Department - action
requested - SET PUBLIC HEARING FOR JUNE 27, 1995
AT 11:00 A.M.
2. Resolution approving the designation of the
Department of Development Services as the Board of
Supervisors delegated authority to grant exceptions
to the Department of Alcoholic Beverage Control
prohibition on granting new alcohol licenses in
areas that have undue concentrations of existing
licenses - action requested - ADOPT RESOLUTION AND
APPROVE LETTER NOTIFYING THE DEPARTMENT OF
ALCOHOLIC BEVERAGE CONTROL OF THIS DELEGATION OF
AUTHORITY AND AUTHORIZE THE CHAIR TO SIGN.
BOARD OF SUPERVISORS
Page 168
June 13, 1995
95-158 3. 1995-96 Weights and Measures agreement (no. P-
569004) - the proposed agreement is to augment,
improve and maintain a uniform and viable
inspection program of establishments selling or
distributing petroleum products. The Department of
Food and Agriculture will reimburse the County $72
per initial inspection conducted not to exceed
$3,744 - action requested - APPROVE AGREEMENT AND
AUTHORIZE THE DIRECTOR-WEIGHTS AND MEASURES TO
SIGN.
4. State Structural Peat Control Board - the proposed
memorandum of understanding (MOU) allows the
Agricultural Commissioner to administer 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
effective June 16, 1995 (an increase from $10 per
examinee} - action requested - APPROVE MEMORANDUM
OF UNDERSTANDING AND AUTHORIZE THE AGRICULTURAL
COMMISSIONER TO SIGN SUBJECT TO APPROVE OF COUNTY
COUNSEL.
5. Vector Engineering, Inc. - proposed is amendment
no. 2 to the agreement to provide mitigation
monitoring services at Green Rock Quarries, Inc.,
which will correct a minor oversight in the
original contract language and carry the monitoring
services through Dacombor 1, 1995. The Permittee,
as a condition of its permit to operate, agreed to
fund this ~onitorinq service - action requested -
APPROVE AMENDMENT TO AGREEMENT AND AUTHORIZE THE
CHAIR TO SIGN.
6. Camp/McLaughlin - proposed is a lease and agreement
for a Fire Department battalion office at 9418-A
Midway, Durham commencing July 1, 1995 through
June 30, 1996 in the monthly amount of $250
(DEPARTMENT BUDGET) - action requested - APPROVE
AGREEMENT AND AUTHORIZE THE VICE CHAIR TO SIGN.
7. Advanced step hiring - Code Enforcement Officer -
the Development Services Department is requesting
advanced step hiring of a candidate with four
years County experience for the position of Code
Enforcement Officer - action requested - BOARD
AUTHORIZATION TO HIRE A CODE ENFORCEMENT OFFICER AT
STEP 3 OF THE SALARY RANGE.
Page 169
June 13, 1995
95-159 1. Approval of minutes - action requested - APPROVE
MINUTES OF MAY 23, 1995.
2. Budget transfers - action requested - APPROVE
BUDGET TRANSFERS B-265 (MENTAL HEALTH), 8--266
(PUBLIC HEALTH), B-268 {BUTTE MEADOWS RECREATION
GRANT}, B-272 (VICTIH/WITNESS ASSISTANCE PROGRAt+~),
B-274 (SHERIFF/SPECIAL ENFORCEMENT UNIT), B-280
S H E R I F F / C O R R E C T I O NS) , B- 2 8 1
(SHERIFF/ADMINISTRATION), AND B-283
(PROBATION/BUTTE ANTI-DRUG SPECIAL SUPERVISION
GRANT).
3. Chico Chamber of Commerce - contributed a check in
the amount of $100 to offset costa associated with
"Butte County Day" an April 18, 1995 - action
requested - ACCEPT DONATION AND AUTHORIZE LETTER OF
APPRECIATION.
4. County Library donations - alarm system - a Stealth
Security System in the amount of $1,100 has been
installed in the Chico Branch Library as a result
of contributions of S825 from Chico Friends of the
Library, and $275 from Stealth Security systems,
Oroville - action requested - ACCEPT DONATIONS AND
AUTHORIZE LETTERS OF APPRECIATION.
5. County Library donations - in accordance with
Government Code Section 25355, donations of $5,000
from Paradise Friends of the Library, and $2,685
from Chico Friends of the Library have been
received for the Butte County Trust Fund far the
purchase of books - action requested - ACCEPT
DONATIONS AND AUTHORIZE LETTERS OF APPRECIATION.
6. Gridley-Biggs Cemetery District - action
requested - REAPPOINT LOWELL P. KING TO A TERM TO
EXPIRE MAY 1, 1999,
7. P.G.&E. - an agreement has been prepared granting
P.G.i~E. a ten-foot wide easement across the corner
of County owned property, AP 011-520-021, which is
a fire station site on Cvntvrvilla Road in the
Butte Creek Canyon area - action requested - ADOPT
RESOLUTION 95-82 APPROVING THE EASEMENT AND
AUTHORIZE THE CHAIR TO SIGN.
Page 170
June 13, 1995
95-159 8. County Service Area No. 157 (Valley Oaks
Subdivision) (LAFCo 94-19} - during 1995-96 budget
preparations, County staff discovered errors in
Resolution No. 94-29, adopted by the Board on
March 22, 1994, establishing County Service Area
No. 157 (Valley Oaks Subdivision). A corrective
amendment was adopted by LAFCo on March 2, 1995 -
action requested - ADOPT RESOLUTION 95-83
RESCINDING RESOLUTION NO. 94-29 (ADOPTED LARCH 22,
1994) AND ESTABLISHING COUNTY SERVICE AREA NO. 157
(VALLEY OAKS SUBDIVISION).
9. Conveyance of County property - Butte County
Libraries - the Library recently removed the
remainder of the County~s property from the farmer
branch in Feather Falls. As a result the Library
finds itself in possession of a considerable amount
of shelving of a type that fs only used in the
Oroville Headquarters. Board authorization is
requested for the donation of surplus Library
shelving plus a low table suitable for primary
grade children to the Golden Feather School
District for use in its libraries - action
requested - AUTHORIZE TRANSFER OF COUNTY PROPERTY.
(FROM 5-23-95)
10. Agricultural Comaissionor - Board authorization is
requested to purchase a plain paper FAX machine for
the Gridley District Agricultural Office in the
maximum amount of $625 (DEPAR'I'I~NT BUDGET) - action
requested - APPROVE BUDGET TRANSFER B-282 AND
PURCHASE OF FIXED ASSET ITEM.
11. District Attorney - Soard authorization is
requested to purchase two 16-channel police radios
($1,900 each) from existing fixed asset funds for
use by Family Support Division investigators, and
one 16-channel police radio ($1,900) for use by
Child Abduction Unit investigator (DEPARTMENT
BUDGET) - action requested - APPROVE BUDGET
TRANSFER B-273 AND PURCHASE OF FIXED ASSET ITEMS.
12. Fire Department - Board authorization is requested
to purchase two rescue squad cabs and chassis for
the volunteer fire department budget (Palermo
volunteer Fire Company 72 and Pentz valley
volunteer Fire company 25} with funding frog the
Cost Share Trust Fund - action requested -
APPROVE BUDGET TRANSFER B-264; PURCHASE OF FIXED
ASSET ITEMS: AND AWARD OF BID NO. 82-95F TO LOW
BIDDER MEETING SPECIFICATi0N5 (WITTMEIER
CHEVROLET/GEO, CHICO} IN THE AMOUNT OF $51,061.74,
INCLUDING TAX AND DOCUMENT FEES.
Page 171
Jung 13, 1995
95-159 13. General Services - the Communications ISF budget
requests an opportunity purchase of urgently needed
used radio repair equipment and tools at below cost
from Mobile Radio Systems. The value of the
equipment items exceeds $25,000 and can be
purchased for $15,000, plus tax (DEPARTI~NT
BUDGET) - action requested - APPROVE BUDGET
TRANSFER 8-279 AND AUTHORIZE ACQUISITION OF FIXED
ASSET ITEI+iS.
14. Contract change order (CCO) no. 8 - Jail kitchen
remodel project - CCO no. 8 in the increasing
amount of $1,672 provides for the coat to furnish
and install additional receptacles far chemical
dispensers in the laundry facility, $761; and the
cost to furnish and install a new gas regulator,
valve and piping at thQ existing meter set for the
laundry facility, $911 - action requested -- APPROVE
CCO NO. 8 AND AUTHORIZE THE GENERAL SERVICES
DIRECTOR TO SIGN.
15. Contract change order (CCO) no. 9 - Jafl kitchen
remodel project - CCO no. 9 in the increasing
amount of $3,912 provides far the cost to furnish
and install a new larger breaker and pull new wires
for the dishwasher, $795; cost to furnish
additional kitchen hood filters, $373= cost to
furnish and install an additional griddle and work
table at the cooking line, $3,244; and a credit for
original dispensers, <$500> - action requested -
APPROVE CCO NO. 9 AND AUTHORIZE THE GENERAL
SERVICES DIRECTOR TO SIGN.
16. Oroville Wyandotte Irrigation District - proposed
ie a property tax exchange agreement for John
Mardon Lane Annexation District No. 1
(Salerno/Homesley/Thomas Annexation} (LAFCo 95-
30} - action requested - APPROVE AGREE2+[ENT AND
AUTHORIZE THE CHAIR TO SIGN.
Paq! 172
June 13, 1995
95-159 17. Adoption of a salary ordinance amendment
implementing the allocation of two positions under
the new court reorganization as follows: 1) to
create the position of Court Commissioner of the
Butte County Superior and Municipal Courts pursuant
to Government Code Section 70141; 2) this position
is an at-will employee to be appointed by the
Courts; 3) salary range assignment is to be $73,553
annually which is set by the judges. This reflects
75~ of a Municipal Court Judge annual salary, and
is considered consistent with other jurisdictions
which have Court Com~aissioners; and 4} the first
allocated position is to be effective as of July 1,
1995, with the second allocated position to be
effective no sooner than January 1, 1996 - ADOPT
ORDINANCE 3204 AND AUTHORIZE THE CHAIR TO SIGN.
(FROM 5-23-95)
18. Adoption of a salary ordinance amendment to effect
the Air Pollution Control District's restoration to
a 40 hour per week work schedule by exempting
specific, essential District staff personnel
classifications from the 3b hour work week -
action requested - ADOPT ORDINANCE 3205 AND
AUTHORIZE THE CHAIR TO SIGN. (FROM 5-23-95)
19. Resolution of appreciation for Barbara Jackson, a
Deputy Probation Officer III, upon her retirement
after 20 years of dedicated service to the
residents of the County of Butte - action
requested - ADOPT RESOLUTION 95-84 AND AUTHORIZE
THE CHAIR TO SIGN.
20. Certificate in recognition of service to Francisco
Pena, Manager of the Chico Employment Development
Department, for his efforts and support in serving
the Veterans of Butte County - action requested -
APPROVE CERTIFICATE AND AUTHORIZE THE CHAIR TO
SIGN.
21. Resolution declaring stop intersections (Vehicle
Code Section 21354): Larkin Road at East Evans
Reimer Road, West Sacramento Avenue at West Eighth
Avenue, Las Plumes Avenue at Autrey Lane and North
Avenue at Myrtle Avenue - action requested - ADOPT
RESOLUTION 95-85 AND AUTHORIZE THE CHAIR TO SIGN.
Page 173
June 13, 1995
95-159
22. Report to Board - bid apeninq for construction of
traffic signal installation at the intersection of
Midway and Hegan Lane, County contract no. 26311-
92-1 - action requested - AUTHORIZATION TO AWARD
GONTRACT TO IAW BIDDER, MAY-HAN ELECTRIC, INC., DBA
M & M ELECTRIC COMPANY, IN THE AMOUNT OF
$88,188.00.
23. Report to Boa
Palermo Honcu
feet north o
05501-93-1 -
AWARD THE
CONSTRUCTION,
rd - bid opening for
t Highway from Ali
f Palermo Road, Ca
action requested -
CONTRACT TO LAW
INC., IN THE AMOUNT
reconstruction of
ce Avenue to 700
unty contract no.
AUTHORIZATION TO
BIDDER, BUTTE
OF $481,982.00.
24. Report to Board - bid opening for construction of
pavement overlays on various Buttes County roads,
County contract no. AC-94-2 - action requested -
AUTHORIZATION TO AWARD CONTRACT TO LOW BIDDER,
BALDWIN CONTRACTING CO., INC., IN THE AMOUNT OF
$299,885.00.
25. County Service Area 114 (Nitrate Action Plan) -
action requested - APPROVE AGREEMENTS FOR
PROFES5IONAL SERVICES AND AUTHORIZE THE CHAIR TO
SIGN:
A. ROLLS, ANDERSON AND ROLLS IN THE AMOUNT OF
$29,400;
B. NORTHSTAR ENGINEERING IN THE AMOUNT OF
$32,720; AND
C. DAMES it MOORE IN THE AMOUNT OF $90,211 (THIRD
AMENDMENT 'I'O AGREEMENT) .
26. 1995-96 Weights and Measures agreement (na. W-
569004) - the proposed agreement is to augment,
improve and maintain a uniform and viable
inspection program of establishmonts licensed as
weighmasters. The DepartAent of Food and
Agriculture will reiaburse the County $63 per
initial inspection conduct®d not to exceed
$1,260 - action requested - APPROVE AGREEMENT AND
AUTHORIZE THE DIRECTOR'WEIGHTS AND MEASURES T4
SIGN.
Page 174
June 13, 1995
95-159 27. 1995-96 Nematode Control Program - the proposed
memorandum of understanding betwQen the California
Department of Food and Agriculture and Agricultural
Commissioner, Butte County is to facilitate a
unified and cooperative program to address the
nematode control component required by the Food and
Agricultural Code for nursery stock sold for farm
planting. The State will reimburse the County at
the rate of $35.00 per hour or County rate,
whichever is less, for supervision and
documentation of soil and commodity treatments, and
soil and commodity sampling. Nematode sample
processing will be reimbursed at the rate of $20.00
per sample or County rate, whichever is less -
action requested - APPROVE MEMORANDUM OF
UNDERSTANDING AND AUTHORIZE THE AGRICULTURAL
COMMISSIONER TO SIGN.
28. Mediation Center of the North Valley - County
Counsel proposes the renewal of an agreement to
handle the Small Claims Advisory Service commencing
July 1, 1995 through June 30, 1996 in the maximum
amount of $1,500 par month {DEPART![ENT BUDGET) -
action requested - APPROVE AGREEMENT AND AUTHORIZE
THE CHAIR TO SIGN.
29. State Department of Forestry and FirQ Protection -
proposed is a resolution approving receipt of the
Rural Community Fira Protection Prograa Grant in
the amount of $5,000 as provided under the
Cooperative Forestry Assistance Act of 1978.
Matching funds era provided in thQ departments
1995-96 budget - action requested - ADOPT
RESOLUTION 95-85 APPROVING AGREEMENT AND AUTHORIZE
THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY
COUNSEL AND THE AUDITOR-CONTROLLER.
30. Williamson Properties, Inc. - proposed is a lease
and agreement for the South Chico Fire Station at
2334 Fair Street, Chico commencing July 1, 1995
through June 30, 1996 in the monthly amount of
$1,200 (DEPARTMENT BUDGET) - action requested -
APPROVE LEASE AND AGREII~NT AND AUTHORIZE THE CHAIR
TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND
THE AUDITOR-CONTROLLER.
31. State Board of Corrections - AmQndmont No. 8 - the
amendment extends thQ Qxpiration date of agreement
no. 022-91 related to Jail Bond Act funding from
July 30 to September 30, 1995 - action requested -
APPROVE AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN.
Page 175
June 13, 1995
95-159 32. Harbor Hills - this program provides residential
care services to County Mental Health clients as an
alternative to State hospitalization or a higher
level of care. The proposed amendment will
increase the agreement to a maximum amount of
$45,249.86 (DEPARTMENT BUDGET} and the maximum
allowable bed days to 525 - action requested -
APPROVE AMENDMENT TO AGREII~SENT AND AUTHORIZE THE
CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL
AND THE AUDITOR-CONTROLLER.
33. Berry Creek Mooretawn Tribal Health Organization -
proposed ig an amendment to the agreement for the
provision of a Native Women's Alcohol and Drug
Abuse Prevention Program providing services to
Native American WOmQn and female teens which
prevent or assist in eliminating substance abuse
within this specified population. The amendment
continues the prograa through June 30, 1995 and
increases the contract maximum to $29,392.40 -
action requested - APPROVE AMENDMENT TO AGREEMENT
AND AUTHORIZE THE GHAIR TO SIGN SUBJECT TO APPROVAL
OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER.
34. State Department of Health Services (contract no.
93-18703} - contractor's releaste - the County
contracted with the State Department of Health
Services for the provision of immunization services
during the period January 1, 1994 to December 31,
1994. All services have been provided and alI
payments have bean received - action requested -
APPROVE CONTRACTOR'S RELEASE AND AUTHORIZE THE
CHAIR TO SIGN.
35. State Department of Health Services (contract no.
95-22736} - under the terms of the proposed
agreement, the State trill provide 100 State funds
for prevention, education and case management
services for identified lead-poisoned children.
The maximum amount available under the agreement is
$51,490 - action requested - APPROVE AGREEMENT AND
AUTHORIZE THE CHAIR TO SIGN.
Page 176
June 13, 1995
95-159 36. Therapy services - proposed are agreements with
T•r•sa Wood-Hansa (maximum amount payable
$35,000), Busan xw[anus ($35,000}, Diana A••d•r
($35,000), Dena ~C•pp•n ($30,000}, Hanop ~-giiolo
($26,000), 1[oniaa Bobrarts ($20,000), Terri Johnson
($4,600}, and Lori D•ntinq•r ($2,500) for the
provision of physical and occupational therapy
services to children eligible for the California
Children Services (CCS) Program. This program is
mandated by Health and Safety Code Section 252 and
is funded by State funds 50~, County matching funds
$25$, and realignment funds (25~). The agreements
commence June 1, 1995 through June 30, 1996 -
action requested - APPROVE AGREEMENTS AND AUTHORIZE
THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY
COUNSEL AND THE AUDITOR-CONTROLLER.
37. Metcalf & Eddy - Neal Road Landfill - the Central
Valley Regional Water Quality Control Board is
requiring groundwater quality monitoring and
reporting under the present monitoring and
reporting program be extended until new regulatory
requirements will take effect. Proposed is a
proposal from the firm of Metcalf it Eddy, which has
provided groundwater quality monitoring at the
Landfill for the past 5-1/2 years, to continue to
perform the necQSSary services for an eighteen
month period (June, 1995-November, 1996) - action
requested - APPROVE LETTER PROPOSAL AND AUTHORIZE
DIRECTOR-PUBLIC WORKS TO DIRECT METCALF is EDDY TO
CONTINUE TO PROVIDE WATER QUALITY MONITORING
SERVICES AT THE HEAL ROAD LANDFILL AT A COST NOT TO
EXCEED $b7,$00 WITHOUT PRIOR PUBLIC WORKS APPROVAL
SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE
AUDITOR-CONTROLLER.
38. 1995-96 Marijuana Suppression Program - the
Sheriff-Coroner has prepared a grant application to
the State office of Criminal Justice Planning for
continued funding in the amount of $154,883 -
action requested - ADOPT RESOLUTION 95-87 APPROVING
THE GRANT APPLICATION AND AUTHORIZE THE CHAIR TO
SIGN, AND AUTHORIZE THE SHERIFF-CORONER TO SIGN
GRANT APPLICATION AS PROJECT DIRECTOR.
Page 177
June 13, 1995
95-159
39. Parent Education Network {PEN} - proposed is the AB
2994 Child Abuse Prevention agreement in the
maximum amount of $28,800 (100 restricted funding
from a surcharge on birth certificates}, which
seeks to prevent child abuse and neglect by
improving the parenting skills of both the foster
and natural parents of children transitioninq from
foster care to parental care. The term of the
agreement is July 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.
40. Parent Education Network (PEN) - proposed is the AB
1733 Child Abuse Prevention agreement in the
maximum amount of $94,596 (100 STATE), which
provides two types of prevention programs for
families at risk of abuse through PEN as a
contracted service. Funding for this agreement is
provided by a three year grant agreement {this is
the second year), with the State Department of
Social Services. The term of the agreement is
July 1, 1995 through June 30, 199b - action
requested - APPROVE AGREEMENT AND AUTHORIZE THE
CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL
AND THE AUDITOR-CONTROLLER.
41. Closing of Hillview Way (Hillview Way and Neal Dow
to the corner of Hillview Way and Downing Avenue) -
action requested - APPROVE NEIGHBORHOOD REQUEST FOR
CLOSING OF THE 1100 BLOCK OF HILLVIEW WAY ON
SUNDAY, JUNE 25, 1995 FROM 5:00 P.K. TO 8:00 P.M.
42. Stipulation for judgment and order - Rancho Esquon
Partners v. County of ButtQ - to allow the County
to adjust the base year values of the Rancho Esquon
parcels, and that Rancho Esquon will dismiss its
complaint for refund and withdraw its appeals filed
with the Assessment Appeals Board - action
requested - APPROVE STIPULATION FOR JUDGMENT AND
AUTHORIZE THE CHAIR TO SIGN.
43. Advanced step hiring - Assistant District Attorney,
Family Support Division - the District Attorney is
requesting advanced step hiring of a candidate
whose experience includes five years as senior
attorney in charge of the Shasta County Family
support Division - action requested - BOARD
AUTHORIZATION TO HIRE AN ASSISTANT DISTRICT
ATTORNEY AT STEP 5 OF THE SALARY RANGE.
Page 178
June 13, 1995
95-159
44. Clean Cities/County Coalition Program - Clean
Cities is a voluntary federal prograa designed to
accelerate and expand the use of alternative fuel
vehicles (AFV's) in urban communities and to
provide refueling and maintenance facilities for
their operation. Sponsored by the U.S. Department
of Energy, Clean Cities encourages local
governments and organizations to form partnerships
in developing markets for alternative fueled
vehicles. This is a volunteer program that
requires no funding obligation and will benefit the
community by establishing goals and resources for
the use of alternative fueled vehicles - action
requested - AUTHORIZE PARTICIPATION BY THE
DEPARTMENT OF PUBLIC WORKS IN THE BUTTE COUNTY
CLEAN CITIES/COUNTY COALITION PROGRAM.
45. Planning Permit Guide and application
instructions - action requested - ACCEPT LAND USE
GUIDE AND THE SAMPLING OF SUBMITTAL REQUIREMENT
FORxS FOR INFORMATION.
MOTION: I MOVE TO APPROVE THE CONSENT AGENDA WITH THE
REMOVAL OP ITEMS 3.03, 3.20, 3.28, 3.31, 3.33,
3.36 AND 3.49.
x s
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
95-160 Presentation of Resolution No. 95-84 of appreciation to
Barbara "Bobbi" Jackson upon her retirement by Chair
McLaughlin.
95-161 Appointments - commissions and committees.
a. Appointments to committee vacancies. (NONE)
b. Development Review Committee - action requested -
APPOINTMENT OF AN ALTERNATE xEKBER. (180)
MOTION: I MOVE TO APPOINT BOB LYNCH (DISTRICT 4) AS AN
ALTERNATE xEMBER OF THE DEVELOPMENT REVIEW
COMI~iI TTE E .
x s
VOTE: l Y 2 Y 3 Y 4 Y S Y {Unaniaously Carried)
Page 179
June 13, 1995
95-162 Update on Sacramento legislative and budget activities.
(212) (JOHN S. BLAClQACK, CHIEF ADMINISTRATIVE OFFICER,
REPORTED ON THE COUNTY'S 1995-96 PROPOSED HiTDGET)
95-163 Presentation to Board on Chico National Guard Unit -
action requested - ADOPT RESOLUTION DECLARING AUGUST 12,
1995 "NATIONAL GUARD APPRECIATION DAY" IN BUTTE COUNTY
AND AUTHORIZE THE CHAIR TO SIGN. (360) (PRESENTATION BY
CAPTAIN DANIEL J. SIMARD. BOARD DIRECTION FOR THE BOARD
CHAIR TO SEND LETTERS TO OUR CONGRESSMEN, STATE
LEGISLATORS AND UPPER MANAGEMENT OF THE CALIFORNIA
NATIONAL GUARD IN SUPPORT OF THE CHICO NATIONAL GUARD
UNIT)
MOTION: I MOVE TO ADOPT RESOLUTION 95-88 DECLARING
AUGUST I2, 1995 "NATIONAL GUARD APPRECIATION
DAY" IN BUTTE COUNTY AND AUTHORIZE THE CHAIR
TO SIGN.
M S
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried}
95-164 Public defender contracts - action requested - APPROVE
CONCEPT OF EXTENDING CURRENT PUBLIC DEFENDER CONTRACTS
THROUGH JUNE 30, 1997 AS OUTLINED IN THE ADMINISTRATIVE
OFFICE LETTER DATED JUNE 5, 1995. (780}
MOTION: I MOVE TO APPROVE CONCEPT OF EXTENDING CURRENT
PUBLIC DEFENDER CONTRACTS THROUGH JUNE 30,
1997 AS OUTLINED IN THE AD~liINISTRATIVE OFFICE
LETTER DATED JUNE 5, 1995.
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
95-165 Public Health Director and Health Ofticer - action
requested - ADOPT JOB DESCRIPTIONS AND ESTABLISH
COMPENSATION LEVELS FOR PUBLIC HEALTH DIRECTOR AND HEALTH
OFFICER. (1290)
(SUPERVISOR DOLAN NOT PRESENT)
MOTION: I xOVE TO CONTINUE THIS ITEM TO JUNE 27, 1995.
x s
VOTE: l Y 2 NP 3 Y 4 Y 5 Y (Unanimously Carried)
RECESS: 10:27 A.x.
RECONVENE: 10:48 A.K.
Page 180
June 13, 1995
95--166 Public hearing:
A. Consideration of a negative declaration, with
mitigations, regarding environmental impact far the
proposed project for the construction of Ho11y
Avenue realignment and bridge across Lindo Channel,
Butte County Project No. 55201-93-1 - action
requested - APPROVE THE NEGATIVE DECLARATION
REGARDING ENVIRONMENTAL IMPACT, WITH MITIGATIONS,
SUBJECT TO ENVIRONMENTAL FINDINGS A-C AND GENERAL
PLAN FINDING A; and
B. Approval of plane and specifications - action
requested - 1) APPROVE PLANS AND SPECIFICATIONS;
2) AUTHORIZE CHAIR AND DIRECTOR-PUBLIC WORKS TO
SIGN PLANS; 3} ADOPT WAGE SCALE; AND 4)
AUTHORIZE PUBLIC WORKS TO ADVERTISE FOR BIDS.
(2690)
MOTION: I MOVE TO A) APPROVE THE NEGATIVE DECLARATION
REGARDING ENVIRONMENTAL IMPACT, WITH
MITIGATIONS 1-6, SUBJECT TO ENVIRONMENTAL
FINDINGS A-C AND GENERAL PLAN FINDING A,
AND AUTHORIZE THE CHAIR TO SIGN THE NOTICE OF
DETERMINATION AND NEGATIVE DECLARATION
REGARDING ENVIRONMENTAL IMPACT; AND B)
1) APPROVE PLANS AND SPECIFICATIONS;
2) AUTHORIZE CHAIR AND DIRECTOR-PUBLIC WORKS
TO SIGN PLANS; 3} ADOPT WAGE SCALE; AND
4) AUTHORIZE PUBLIC WORKS TO ADVERTISE FOR
BIDS.
x s
VOTE: l Y 2 NP 3 Y 4 X 5 Y (Unanimously Carried)
Page 181
June 13, 1995
95-167 Continued hearing - Sierra West Surveying on behalf of
David Culp - consideration of an appeal of a boundary
line modification between two parcels, and of condition
no. 29 (Obtain encroachment permit and construct standard
road approach providing adequatQ site distance at the
intersection of access road and Forest Ranch Road.) on
tentative parcel map (item for which negative
declarations with environmental mitigations have been
recommended), AP 056-350-021, to divide the resulting
5.24 acre parcel into four parcels, property located on
the south side of Forest Ranch Road, approximately .3
miles west of the northerly intersection of Forest Ranch
Road and Highway 32 in the Forest Ranch area. (FROM
MAY 23, 1995/APPLICANT'S REPRESENTATIVE HAS SUBMITTED A
LETTER TO THE BOARD OF SUPERVISORS WITHDRAWING HIS
APPEAL) (**00)
MOTION: I MOVE TO VACATE THE HEARING.
x s
VOTE: l Y 2 NP 3 Y 4 Y 5 Y (Unanimously Carried)
95-168 Neal Road Landfill:
A. Report to Board - summary report of the Neal Road
Landfill budget, operations and administration -
action requested - ACCEPT FOR INFORMATION.
B. Cost of living increase in compensation due
operator - in accordance with the terms of the
contract for the operation of the Neal Road
Landfill, the operator is entitled to an increase
in compensation, to offset increases in the cost of
doing business, in a percentage amount equal to 2/3
of the Consumer Price Index. The compensation
increase due the operator for the period of August,
1993 through April, 1995 is 2.45$ - action
requested - APPROVE PROVIDING HEAL ROAD LANDFILL
OPERATOR 2.454 COST OF LIVING INCREASE BY
DECREASING COUNTY'S SHARE AND INCREASING OPERATOR'S
SHARE OF PRESENT GATE FEES, EFFECTIVE MAY 1, 1995.
(20)
MOTION: I MOVE TO APPROVE PROVIDING THE NEAL ROAD
LANDFILL OPERATOR 2.45 COST OF LIVING
INCREASE BY DECREASING COUNTY'S SHARE AND
INCREASING OPERATOR'S SHARE OF PRESENT GATE
FEES, EFFECTIVE MAY 1, 1995.
K S
VOTE: 1 Y 2 NP 3 Y 4 Y 5 Y (Unanimously Carried)
Page 182
June 13, 1995
95-1fi9 Items removed from the Consent Agenda for Board
consideration and action. (850}
1. public Health Department - consideration of an
ordinance amending Chapter 43. Section 43-1 of the
Butte County Code establishing fees for services
rendered by the Public Health Department - action
requested - SET PUBLIC HEARING FOR JUNE 27, 1995
AT 11:40 A.K. (850)
MOTION: I MOVE TO SET P[3BLIC HEARING FOR 3UNE 27, 1995
AT 11:00 A.K.
K 3
VOTE: 1 Y 2 NP 3 Y 4 Y 5 Y (Unanimously Carried}
2. Resolution approving the designation of the
Department of Development Services as the Board of
Supervisors delegated authority to grant exceptions
to the Department of Alcoholic Beverage Control
prohibition on granting new alcohol licenses in
areas that have undue concentrations of existing
licenses - action requested - ADOPT RESOLUTION AND
APPROVE LETTER NOTIFYING THE DEPARTMENT OF
ALCOHOLIC BEVERAGE CONTROL OF THIS DELEGATION OF
AUTHORITY AND AUTHORIZE THE CHAIR TO SIGN. (875)
MOTION: I MOVE TO ADOPT RESOLUTION 95-89 AND APPROVE
LETTER NOTIFYING THE DEPARTMENT OF ALCOHOLIC
BEVERAGE CONTROL OF THIS DELEGATION OF
AUTHORITY AND AUTHORIZE THE CHAIR TO SIGN.
N S
VOTE: 1 N 2 NP 3 Y 4 Y 5 Y (Motion Carried)
3. Vector Engineering, Inc. - proposed is amendment
no. 2 to the agreement to provide mitigation
monitoring services at Green Rock Quarries, Inc.,
which will correct a minor oversight in the
original contract language and carry the monitoring
services through December i, 1995. The Permittee,
as a condition of its permit to operate, agreed to
fund this nonitorinq service - action requested -
APPROVE AMENDMENT TO AGREEMENT AND AUTHORIZE THE
CHAIR TO SIGN. (1278)
MOTION: I MOVE TO APPROVE AIiENDMENT TO AGREEMENT AND
AUTHORIZE THE CHAIR TO SIGN.
M S
VOTE: 1 Y 2 NP 3 Y 4 Y 5 Y {Unanimously Carried)
Page 183
June 13, 1995
95-169
4. State Structural Pest Control Board - the proposed
memorandum of understanding (MOU) allows the
Agricultural Commissioner to administer written
certified applicator examinations in accordance
with conditions listed in the MOU. The
Commissioner may charge and receive $15.00 per
examinee for each acioinistration of the examination
effective June 16, 1995 (an increase from $10 per
examinee) - action requested - APPROVE MEMORANDUM
OF UNDERSTANDING AND AUTHORIZE THE AGRICULTURAL
COMMISSIONER TO SIGN SUBJECT TO APPROVAL OF COUNTY
COUNSEL. (1503)
MOTION: I MOVE TO APPROVE THE MEMORANDUM OF
UNDERSTANDING AND AUTHORIZE THE AGRICULTURAL
COMMISSIONER TO SIGN SUBJECT TO APPROVAL OF
COUNTY COUNSEL.
M S
VOTE: l Y 2 NP 3 Y 4 Y 5 Y (Unanimously Carried)
5. 1995-96 Weights and Maasurea agra4mant (no. P-
569004) - the proposed agreement is to augment,
improve and maintain a uniform and viable
inspection program of establishments selling or
distributing petroleum products. The Department of
Food and Agriculture will reimburse the County $72
per initial inspection conducted not to exceed
$3,744 - action requested - APPROVE AGREEMENT AND
AUTHORIZE THE DIRECTOR--WEIGHTS AND MEASURES TO
SIGN.
MOTION: I MOVE TO APPROVE THE AGREEMENT AND AUTHORIZE
THE DIRECTOR-WEIGHTS AND MEASURES TO SIGN.
S K
VOTE: l Y 2 NP 3 Y 4 Y 5 Y (Unanimously Carried)
6. Camp/McLaughlin - proposed is a lease and agreement
for a Fire Department battalion office at 9418-A
Midway, Durham commencing July 1, 1995 through
June 30, 1996 in the monthly amount of $250
(DEPARTMENT BUDGET) - action requested - APPROVE
AGREEMENT AND AUTHORIZE THE VICE CHAIR TO SIGN.
(NO ACTION TAKEN)
7. Advanced step hiring - Code Enforcement officer -
the Development Services Department is requesting
advanced step hiring of n candidate with four
years County experience for the position of Code
Enforcement Officer - action requested - BOARD
AUTHORIZATION TO HIRE A CODE ENFORCEMENT OFFICER AT
STEP 3 OF THE SALARY RANGE. (NO ACTION TAKEN)
Page 184 June 13, 1995
.~ ,_~
Page 184 June 13, 1995
June 13, 1995
95-170 Public Comment. {PRESENTATIONS WILL BE LIMITED TO FIVE
MINUTES. THE BOARD OF SUPERVISORS IS PROHIBITED BY STATE
LAW FROM TAKING ACTION ON ANY ITEM PRESENTED IF IT IS NOT
LISTED ON THE AGENDA.} (NONE)
95-171 CLOSED SESSION: The Board recessed at 11:55 a.m. to
a closed session with legal counsel
for actual litigation pursuant to
Government Code Section 54956.9(a)
(Stanley Fisher v. County of Butte
[a workers' compensation claim], and
BCMEA v. County of Butte [Labor
contract interpretation arbitration
request filed by the Management Unit
challenging Board's restoration of
Court operations to 40 hour per week
schedulQ]): conference with legal
counsel for potential litigation
pursuant to Government Code Section
54956.9(b) (Hansen Brothers
Enterprises v. Nevada County Board
of Supervisors, and Superior Court
of Mendocino County v. County of
Mendocino}; 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
Officers Association [General Unit
and Management-Supervisory Unit]).
(SUPERVISOR H4UX ANNOUNCED THE GIFT OF OFFICE FURNITURE
[ESTIMATED VALUE IN EXCESS OF $10,000] FROI~i PACIFIC BELL
FROM THEIR SAN LEANDRO WAREHOUSE FOR OUR NEW COURTHOUSE)
Page 185
June 13, 2995
95-171 RECONVENE: The Board reconvened at 1:15 p.m.
following a closed session with legal
counsel for actual litigation pursuant to
Govern~aent Code Section 54956.9{a}
(Stanley Fisher v. County of Butte [a
workers' compensation claim], and BCMEA
v. County of Butte [Labor contract
interpretation arbitration request filed
by the Management Unit challenging
Board's restoration of Court operations
to 40 hour per week schedule]);
conference with legal counsel for
potential litigation pursuant to
Government Code Section 54956.9{b}
{Hansen Brothers Enterprises v. Nevada
County Board of Supervisors, and Superior
Court of Mendocino County v. County of
Mendocino); 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 Officers
Association [General Unit and Management-
Supervisory Unit]). (17s5)
ANNOUNCEMENT: I MOVE THAT THE COUNTY FILE AMICUS CURIAE
BRIEFS IN THE MATTERS OF HANSEN BROTHERS
ENTERPRISES V. NEVADA COUNTY BOARD OF
SUPERVISORS AND SUPERIOR COURT OF
MENDOCINO COUNTY V. COUNTY OF MENDOCINO,
AND WITH REGARD TO THE MATTER OF SUPERIOR
COURT OF MENDOCINO COUNTY V. COUNTY OF
MENDOCINO, AUTHORIZE THE DONATION OF
$2,500 FROM COUNTY COUNSEL'S BUDGET TO
THE LITIGATION COSTS OF MENDOCINO COUNTY.
M S
VOTE: l Y 2 NP 3 Y 4 Y 5 Y (Unanimously Carried)
Page 186
June x3, 1995
95-172 Communications received and referred. (COPIES OF ALL
COMMUNICATIONS ARE AVAILABLE IN THE CLERK OF THE BOARD
OFFICE.)
A. Christopher D. Adams, Assistant State Hazard
Mitigation Officer, Governor's Office of Emergency
Services - notifies the County that the 1044/1046
disasters' Hazard Mitigation Grant Program (HMGP}
Notice of Interest commences on Wednesday, May 24,
1995, and will close at 5:00 p.m., Friday, June 23,
1995. (REFER TO CHIEF ADMINISTRATIVE OFFICER,
EMERGENCY SERVICES OFFICER, AGRICULTURAL
COMMISSIONER AND DIRECTOR-PUBLIC WORKS)
B. U.S. Department of the Interior, Bureau of Land
Management - forwards a "news release" calling for
nominations to three Resource Advisory Councils
(each council will consist of 12 members with
representation balanced among three general
interest categories). Nominations will be accepted
until June 23, 1995. (ACCEPT FOR INFORMATION)
C. Bernie RichtQr, Assemblyman, Third District -
responds to the Board Chair's letter regarding the
County's concern about the delay in repairing and
reopening the major alipout that occurred on
Highway 70, just west of the Pentz Road
intersection. (REFER TO DIRECTOR-PUBLIC WORKS)
D. Merle E. Larrabee, Interior District Director-State
Department of Transportation - responds to the
Board Chair's letter concerning the Butte 70
alipout project. (REFER TO DIRECTOR-PUBLIC WORKS)
ADJOURNMENT: There being no further business before
the Board, the meeting was adjourned at
1:18 p.m. to reconvene on Tuesday,
June 27, 1995 at 9:00 a.m.
~ ~~<
ED McLAUGH N, Chair
Board of Supervisors
ATTEST:
JOHN S. BLACKLOC Chief Administrative Officer
and Clerk of t Board of Supervisors
By:
Page 187 June 13, 1995