HomeMy WebLinkAboutM061494Call to order - Board of Supervisors room, County
Administration Building, 25 County Center Drive,
Oroville. Present: Supervisors Vivian Meyer (her
appointment by Governor Wilson to represent the lst
District was announced on Wednesday June 1, and she was
subsequently sworn into office by the Hon. Steven Howell,
South Butte County Municipal Court), Dolan, Houx, Thomas
and Chair McLaughlin. John S. Blacklock, Chief
Administrative Officer; Susan Minasian, County Counsel;
and Nina Denton, Deputy Clerk of the Board.
Pledge of allegiance to the Flag of the United States of
America.
Invocation - Dr. Carolyn McReown, Pastor, Church of
Religious science, Chico
94-171 Items removed from the Consent Agenda for Board
consideration and action.
1. AB 2140 (Honeycutt) - "Liability for Child
Protective Activities" - the Welfare Department is
requesting Board support in opposing this
legislation, which would leave the County, as well
as the individual social workers in child welfare
services, open to frivolous lawsuits by removing
the current immunity to civil liability shared by
prosecutors of the court - action requested -
APPROVE LETTERS IN OPPOSITION TO LEGISLATION TO
MEMBERS OF THE SENATE JUDICIARY COMMITTEE FOR
SIGNATURE BY THE BOARD CHAIR.
Consent Agenda
94-172 1. Approval of minutes - action requested - APPROVE
MINUTES OF MAY 24, 1994.
Page 158
June 14,.1994
94-172 2. Budget transfers - action requested - APPROVE
BUDGET TRANSFERS B-198 (JUVENILE HALL), B-199 (JAIL
CONSTRUCTION), B-202 (ENVIRONMENTAL HEALTH), B-204
(FIRE/ REGULAR), B-205 (PERSONNEL), B-208
(WELFARE/ADMINISTRATION), AND B-214
(WELFARE/ADMINISTRATION).
3. Butte County Sheriff's Department - abandonment
of a portion of Openshaw Road (at the most easterly
end of Openshaw Road, north of Highway 149 and west
of Highway 70), identified as AP 041-200-019, -038,
and 041-160-050, in the Central Butte area - action
requested - ADOPT RESOLUTION 94-62 SETTING A PUBLIC
HEARING FOR JULY 26, 1994 AT 10:15 A.M.
4. Corrections Telecom Group, Inc. - the firm has
donated $10,000 to the County as a contract signing
bonus as part of their contract covering telephones
in the jail. It is recommended the donation be
used to replace the thermo electric generators on
St. John's mountain, which serves the
communications system - action requested -
ACCEPT DONATION, APPROVE BUDGET TRANSFER B-215 AND
AUTHORIZE THE CHAIR TO SIGN A LETTER OF
APPRECIATION.
5. County Library donation - in accordance with
Government Code Section 25355, a donation of $1,646
from Chico Friends of the Library has been received
for the Butte County Trust Fund for the purchase of
books - action requested - ACCEPT DONATION AND
AUTHORIZE A LETTER OF APPRECIATION.
6. Rehabilitation Loan Committee - action requested -
APPOINT SUPERVISOR VIVIAN MEYER.
7. Butte County AIDS Task Force - action requested -
APPOINT JOHN REED.
8. Pine Creek Cemetery District - action requested -
REAPPOINT ELWIN A. RONEY, CALEB BAKER, J. BAXTER
KNIGHT AND PHILIP WILSON TO TERMS TO EXPIRE JULY 1,
1998.
9. Private Industry Council - action requested -
APPOINT CHERYL DAMBERGER (OROVILLE BUSINESS
REPRESENTATIVE); REAPPOINT GEORGE ROBINETTE
(OROVILLE BUSINESS REPRESENTATIVE), JOHN RUSH
(CHICO BUSINESS REPRESENTATIVE), MARILYN HAVENS
(PARADISE BUSINESS REPRESENTATIVE), PATRICIA LEAHY
(PARADISE BUSINESS REPRESENTATIVE), AND FRANCISCO
J. PENA (EMPLOYMENT DEVELOPMENT DEPARTMENT
REPRESENTATIVE) TO TERMS TO EXPIRE JUNE, 1997.
Page 159
June 14, 1994
94-172 10. Oroville-Wyandotte Irrigation District - proposed
is a property tax exchange agreement for Hewitt
Avenue Annexation District No. 1 (Porterfield
Annexation) (LAFCo 94-39) - action requested -
APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN.
11. Peter Rochaphum, Vallejo - submits a claim in the
amount of $3,000,000 alleging wrongful termination,
discrimination against origin and disability and
defamation of character on or about November 6,
1993 as an alleged result of actions of persons
representing the County of Butte - action
requested - REJECT CLAIM AND REFER TO RISK MANAGER
AND COUNTY COUNSEL.
12. James Rex Shaffer, Vallejo - submits a claim for
personal injuries in an unspecified amount alleging
emotional distress and damage to reputation as a
result of his arrest on or about December 30,
1993 - action requested - REJECT CLAIM AND REFER TO
RISK MANAGER AND COUNTY COUNSEL.
13. Air Pollution Control District - Board authorizat
ion is requested for a budget transfer of $600 in
order to complete the TAB filing system for the
office - action requested - APPROVE BUDGET TRANSFER
B-212 (UNENCUMBERED FUND BALANCE) AND PURCHASE OF
FIXED ASSET ITEMS.
14. Development Services/Planning - Board authorization
is requested for the purchase of electronically
digitized aerial photos of Butte County on CD ROM
disks, and two additional sets of compact disks for
use by other County agencies. Funding is from
within the department budget - action requested -
APPROVE BUDGET TRANSFER B-201 AND PURCHASE OF FIXED
ASSET ITEM.
15. Superior Court - Board authorization is requested
to purchase a laser printer in the maximum amount
of $2,000 (RESTRICTED/ TRIAL COURT FUNDING) for use
in the Court Administration/Jury Commissioner
office - action requested - APPROVE BUDGET TRANSFER
B-200 AND PURCHASE OF FIXED ASSET ITEM.
Page 160
June 14, 1994
~ ~-.
94-172 16. Welfare - Children's Services Division - Board
authorization is requested to purchase a video
camera in the maximum amount of $900 to tape staff
training on methods and procedures of child abuse
prevention. In order to provide low cost video
training, the department will video tape training
for viewing by other staff members. Funding is
from within the department budget - action
requested - APPROVE BUDGET TRANSFER B-203 AND
PURCHASE OF FIXED ASSET ITEM.
17. District Attorney - Board authorization is
requested to appropriate $1,000 of unanticipated
revenue (Asset Forfeiture Trust Fund) to cover cost
of an extra help investigator needed to expedite
closure of a drug related asset forfeiture case -
action requested - APPROVE BUDGET TRANSFER B-207.
18. County Service Area No. 150 (Webb
Homes/Reorganization) - a resolution has been
prepared to authorize a $1,150 loan to CSA No. 150
(Webb Homes/ Reorganization) from the CSA Revolving
Fund - action requested - APPROVE BUDGET TRANSFER
B-211, ADOPT RESOLUTION 94-63 AND AUTHORIZE THE
CHAIR TO SIGN.
19. Community Development Block Grant (CDBG) - program
income funds - Board authorization is requested to
utilize $2,900 CDBG program income funds for Butte
County's local cash match for the annual Economic
Development Administration Planning Grant - action
requested - APPROVE USE OF PROGRAM INCOME FUNDS AND
AUTHORIZE CHAIR TO SIGN AGREEMENT WITH TRI-COUNTY
ECONOMIC DEVELOPMENT CORPORATION REGARDING THE
LOCAL SHARE REQUIRED BY THE ECONOMIC DEVELOPMENT
ADMINISTRATION (EDA).
20. Chapman-Mulberry neighborhood - Board approval is
requested to utilize $1,600 from the Community
Development Block Grant Program income for a
Chapman-Mulberry neighborhood clean-up effort -
action requested - APPROVE USE OF PROGRAM INCOME
FUNDS.
21. Adoption of an ordinance establishing speed
limits (25 miles per hour) on certain roads within
the County of Butte (Fern Avenue from West Lindo
Avenue to West 11th Avenue) - action requested -
ADOPT ORDINANCE 3138 AND AUTHORIZE THE CHAIR TO
SIGN. (FROM 5-24-94)
Page 161
June 14, 1994
94-172 22. Introduction of a salary ordinance amendment
increasing standby pay for extra help psychiatrists
from $35 to $50 per eight hour standby shift
(DEPARTMENT BUDGET). The Mental Health
Department's 24 hour in-patient facility (Chico)
requires professional staffing that exceeds the
availability of regular help staff. This
compensation is the same as the standby pay that is
provided to regular help doctors - action
requested - WAIVE READING OF THE ORDINANCE.
23. Introduction of a salary ordinance amendment adding
one position of Specialist-Public Guardian/Public
Administrator and one position of Office Assistant
I I , I to the Public Guardian Department ( DEPARTMENT
BUDGET) and approved by the Board at its meeting of
January 25, 1994 - action requested - WAIVE READING
OF THE ORDINANCE.
24. Introduction of a salary ordinance amendment adding
one position of Road Maintenance Worker II, I and
one position of Tree Trimmer Climber II, I to the
Public Works Department due to the inability to
maintain an efficient and safe work crew
(RESTRICTED FUNDS) - action requested - WAIVE
READING OF THE ORDINANCE.
25. Introduction of an ordinance establishing speed
limits (25 miles per hour) on certain roads within
the County of Butte (California Street from
Hamilton-Nord-Cana Highway to Taylor Street) -
action requested - WAIVE READING OF THE ORDINANCE.
26. Resolution in appreciation of District Attorney,
Chief Investigator/ Administrator Robert E. "Pete"
Peterson upon his retirement - action requested -
ADOPT RESOLUTION 94-64 AND AUTHORIZE THE CHAIR TO
SIGN.
27. Resolution permitting County to obtain criminal
history information for purposes of
employment,licensinq or certification-action
requested - ADOPT RESOLUTION 94-65 AND AUTHORIZE
THE CHAIR TO SIGN.
28. Resolution declaring June, 1994 as Alcohol and Drug
Prevention, Treatment and Recovery Month in Butte
County - action requested - ADOPT RESOLUTION 94-66
AND AUTHORIZE THE CHAIR TO SIGN.
Page 162
June 14, 1994
94-172 29. Resolution declaring a three-way stop (Vehicle Code
Section 21354) at the intersection of Lassen Avenue
and E1 Paso Way, Chico area - action requested -
ADOPT RESOLUTION 94-67 AND AUTHORIZE THE CHAIR TO
SIGN.
30. 1994-95 State Department of Pesticide
Regulation - proposed is an agreement whereby the
County will be reimbursed up to $17,000 for data
entry of all production agriculture pesticide use
report applications and monthly summary pesticide
use report applications for fiscal year 1993-94 -
action requested - APPROVE AGREEMENT AND AUTHORIZE
THE CHAIR TO SIGN.
31. 1994-95 Weights and Measures agreement - proposed
is agreement no. W-569004 to augment, improve and
maintain a uniform and viable inspection program of
establishments licensed as weighmasters. The
County will be reimbursed $63 per initial
inspection conducted not to exceed $1,260 for
fiscal year 1994-95 - action requested - APPROVE
AGREEMENT AND AUTHORIZE THE DIRECTOR-WEIGHTS AND
MEASURES TO SIGN.
32. Property Information System - Megabyte Systems has
recently obtained a copyright license for the
"Property Information System" used by the County.
In conjunction with that license, Megabyte systems
has agreed to provide the County with a perpetual,
fully paid, royalty-free, irrevocable,
nontransferable and non-exclusive license to the
system - action requested - APPROVE AGREEMENT
ACCEPTING THIS LICENSE AND AUTHORIZE THE CHAIR TO
SIGN.
33. Harold W. Bertholf, Inc. - the proposed petroleum
property appraisal services agreement (no. 94-001)
provides for the appraisal of petroleum properties,
specifically gas wells in Butte County. The three
year (July 1, 1994 - June 30, 1997) agreement is in
the amount of $3,300 (1994/95), $3,420 (1995/96)
and $3,535 (1996/97) (DEPARTMENT BUDGET) - action
requested - APPROVE AGREEMENT AND AUTHORIZE THE
CHAIR TO SIGN.
Page 163
June 14, 1994
94-172 34. Macias & Company - Board of Supervisors/ Grand
Jury - the proposed three year contract provides
for financial and compliance auditing services for
fiscal years ending June 30, 1994 (maximum amount
of $43,000}, 1995 (maximum amount of $45,150), and
1996 (maximum amount of $47,400) (GENERAL FUND) -
action requested - APPROVE CONTRACT AND AUTHORIZE
THE CHAIR TO SIGN.
35. Veteran's Service Office certifications - the
California Department of Veterans Affairs requires
Board approval of certificates of compliance for
the 1994-95 County Subvention Program and an
agreement for the Medi-Cal Cost Avoidance Program -
action requested - APPROVE CERTIFICATES OF
COMPLIANCE AND AUTHORIZE THE CHIEF ADMINISTRATIVE
OFFICER TO SIGN.
36. Merced Manor - proposed is an amendment to the
agreement for the provision of residential care
services to mental health clients as an alternative
to State hospitalization or a higher level of care.
The amendment, which reflects actual usage of 1460
bed days, is effective July 1, 1993 through June
30, 1994 in the maximum amount of $98,084.30
(REALIGNMENT} - action requested - APPROVE
AMENDMENT TO AGREEMENT AND AUTHORIZE THE CHAIR TO
SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE
AUDITOR-CONTROLLER.
37. Crestwood Hospitals, Inc. - proposed is an
amendment to the agreement for the provision of
residential care services to mental health clients
as an alternative to State hospitalization or a
higher level of care. The amendment, which
reflects actual usage of 4,850 bed days, is
effective July 1, 1993 through June 30, 1994 in
the maximum amount of $404,172.46 (REALIGNMENT) -
action requested - APPROVE AMENDMENT TO AGREEMENT
AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL
OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER.
38. Crestwood Hospitals, Inc. - proposed is an
amendment to the agreement for the provision of
intensive services as a supplement to the services
provided in the Residential Care Services
agreement. The amendment, which reflects actual
usage of 4,845 bed days, is effective July 1, 1993
through June 30, 1994 in the maximum amount of
$6,774 (REALIGNMENT) - action requested - APPROVE
AMENDMENT TO AGREEMENT AND AUTHORIZE THE CHAIR TO
SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE
AUDITOR-CONTROLLER.
Page 164
June 14, 1994
94-172 39. N. T. Enloe Hospital - proposed is an amendment to
the contract for the provision of perinatal
treatment and case management services for pregnant
and parenting women with substance abuse issues
through the Enloe Hospital Touchstone Program, a
day treatment program for these women and their
children. The amendment extends the agreement
through June 30, 1994 in the maximum amount of
$337,653 (FEDERAL) - action requested - APPROVE
BUDGET TRANSFER B-209 AND CONTRACT AMENDMENT AND
AUTHORIZE THE CHAIR TO SIGN.
40. Parent Education Network (PEN) - the proposed
contract (no. 93-94/25A) amendment provides
extensive parenting education services to Butte
County parents of at-risk, high-risk youth. The
amendment extends the agreement through June 30,
1994 in the maximum amount of $21,746 (FEDERAL) -
action requested - APPROVE CONTRACT AMENDMENT AND
AUTHORIZE THE CHAIR TO SIGN.
41. Tehama Recovery Center, Inc. (TRC) - the proposed
contract (no. 93-94/23B) amendment provides
extensive alcohol and drug residential treatment
for County residents screened and referred by the
County's Alcohol and Drug Services Outpatient Unit.
The term of the contract is July 1, 1993 through
June 30, 1994 in the maximum amount of $91,713
(FEDERAL) - action requested - APPROVE CONTRACT
AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN.
42. Butte Anti-Drug Special Supervision (B.A.S.S.)
Project - proposed is a grant application to the
Office of Criminal Justice Planning (OCJP) to
undertake and continue the B.A.S.S. project (July
1, 1994 through June 30, 1995) in the total amount
of $214,355 ($188,844 FEDERAL/ $25,511 COUNTY
RESTRICTED) - action requested - ADOPT RESOLUTION
94-68 AUTHORIZING CHIEF PROBATION OFFICER TO SUBMIT
APPLICATION AND AUTHORIZE THE CHAIR TO SIGN.
43. Enforcement Assistant Grant - proposed is a grant
application to the California Integrated Waste
Management Board to support solid waste landfill
permit and inspection programs in the estimated
amount of $19,500 (STATE) (actual allowable grant
amounts are being determined) - action requested -
ADOPT RESOLUTION 94-69 AUTHORIZING SUBMITTAL OF
APPLICATION, AUTHORIZING THE DIRECTOR-ENVIRONMENTAL
HEALTH TO EXECUTE ALL NECESSARY APPLICATIONS,
CONTRACTS, AGREEMENTS AND AMENDMENTS AND AUTHORIZE
THE CHAIR TO SIGN.
Page 165
June 14, 1994
June 14. 1994
94-172 44. Butte County Assessment Practices Survey Report -
submitted by the State Board of Equalization
pursuant to Section 15646 of the Government Code -
action requested - ACCEPT FOR INFORMATION.
45. Board meeting dates - action requested - CANCEL
JULY 12, 1994 BOARD OF SUPERVISORS MEETING.
46. Stirling City Company 12 - Board authorization is
requested to accept the donation of a newer cab and
chassis for the Fire Department's watertender in
their community (1974 Renworth, identification no.
232824, license no. 374382) - action requested -
ACCEPT DONATION AND DECLARE THE OLD CHASSIS SURPLUS
TO THE NEEDS OF THE COUNTY TO ALLOW FOR DISPOSAL
(1970 WHITE, IDENTIFICATION NO. BN029HA728276,
COUNTY VEHICLE NO. 777, INVENTORY NO. 018067).
MOTION: I MOVE TO APPROVE THE CONSENT AGENDA WITH THE
REMOVAL OF ITEM 3.44.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
(CHAIR McLAUGHLIN, ON BEHALF OF THE BOARD AND THE
CITIZENS OF OROVILLE, WELCOMED SUPERVISOR VIVIAN MEYER TO
THE BOARD OF SUPERVISORS)
(CHAIR McLAUGHLIN NOT PRESENT/PAST CHAIR HOUX PRESIDING)
94-173
94-174
Appointments - commissions and committees.
a. Appointments to committee vacancies. (NONE)
Update on Sacramento legislative and budget activities.
(REPORT BY THE CHIEF ADMINISTRATIVE OFFICER ON THE JUNE
GOVERNOR'S BUDGET PLAN)
A. Request for position:
1. AB 2788 (Brown): Public safety services
funding
MOTION: I MOVE THAT OUR DIRECTION BE IN OPPOSITION TO
THIS BILL, PRESENTING HISTORICAL AND FACTUAL
INFORMATION REGARDING COUNTIES, AND
PARTICULARLY BUTTE'S COMMITMENT TO PUBLIC
PROTECTION, ADDING THAT THIS BILL IS
UNNECESSARY GRANDSTANDING.
M S
VOTE: l Y 2 Y 3 Y 4 NP 5 N (Motion Carried)
Page 166
June 14, 1994
June 14. 1994
94-174 2. SCA 3 (Lockyer): District courts
MOTION: I MOVE THAT THE BOARD GIVE ITS FULL SUPPORT IN
LETTERS TO THE LEGISLATURE AND TO INCLUDE A
REQUEST FOR MORE LOCAL FLEXIBILITY.
S M
VOTE: l Y 2 Y 3 Y 4 NP 5 Y (Unanimously Carried)
94-175 Discussion of a request to vacate a number of County
roads which cross lands owned by Sierra Pacific
Industries. (697) (BOARD DIRECTION TO THE DIRECTOR-
PUBLIC WORKS TO PROCEED WITH THE PUBLIC
HEARING/ABANDONMENT PROCESS)
94-176 North Butte County Municipal Court - Board authorization
is requested to purchase a desk with return ($3,438),
file cabinet ($1,307), computer with peripheral equipment
and CD ROM ($8,700) and printer ($791) to furnish a
judge's office (existing office furniture is the personal
furniture of retired Judge Rix). Funding is from within
the department budget - action requested -APPROVE BUDGET
TRANSFER B-206 AND PURCHASE OF FIXED ASSET ITEMS. (NO
ACTION TAKEN)
RECESS: 9:57 A.M.
RECONVENE: 10:15 A.M. (CHAIR McLAUGHLIN PRESIDING)
Public Hearincxs and Timed Items
94-177 Public hearing - renaming of private roads in the Chico
area from Plummers Lane (Cohasset Road to Trucking Lane}
to Two Oaks Drive, Manufactures Avenue (Cohasset Road to
Trucking Lane) to Plummers Drive, and Trucking Lane
(Manufactures Avenue to Plummers Lane} to Browns Valley
Drive - action requested - ADOPT RESOLUTION AND AUTHORIZE
THE CHAIR TO SIGN. (FROM 5-10-94) (2305)
MOTION: I MOVE TO ADOPT RESOLUTION 94-70 AND AUTHORIZE
THE CHAIR TO SIGN.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
Page 167
June 14, 1994
94-178 Continued hearing - Doug Perske - consideration of an
appeal of the Development Review Committee's conditions
no. 1 (Either provide a pump test indicating that the
existing well provides adequate water for a residence, or
place a note on the certificate stating that there is no
evidence that domestic water is available.), no. 2
(Verify legal access to the parcel from a publicly
maintained road in accordance with Section 20-134 of the
County Code.), and no. 3 (Provide two-way traversable
access to the parcel from a publicly maintained road.) on
a Conditional Certificate of Compliance, AP 56-10-26, one
parcel, property located on the southeast end of Bull
Creek Lane and Cohasset Highway, Cohasset area. (FROM 5-
24-94)
MOTION: I MOVE TO UPHOLD THE APPEAL AND REVISE THE
CONDITIONS OF APPROVAL AS FOLLOWS: 1. PLACE
A NOTE ON THE CERTIFICATE OF COMPLIANCE
STATING "THERE IS NO EVIDENCE THAT ADEQUATE
DOMESTIC WATER IS AVAILABLE."; 2. PROVIDE A
30 FOOT WIDE NON-EXCLUSIVE EASEMENT TO THE
PARCEL FROM COHASSET ROAD AND NOTE ON THE
CERTIFICATE OF COMPLIANCE THAT "NO FURTHER
DIVISION OF THIS PARCEL WILL BE ALLOWED UNTIL
ACCESS IS PROVIDED IN ACCORDANCE WITH SECTION
20-134 OF THE BUTTE COUNTY CODE."; 3. PROVIDE
TWO-WAY TRAVERSABLE ACCESS TO THE PARCEL FROM
A PUBLICLY MAINTAINED ROAD. THIS CONDITION
MUST BE MET PRIOR TO ISSUANCE OF ANY PERMITS
TO FURTHER DEVELOP THIS PROPERTY. (CONDITION
NO. 3 DOES NOT NEED TO BE MET PRIOR TO
ISSUANCE OF A BUILDING PERMIT TO BRING THE
EXISTING STRUCTURE INTO COMPLIANCE WITH THE
CODE.); AND 4. PAY A RECORDING FEE OF $9 TO
RECORD THE CERTIFICATE OF COMPLIANCE.
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
94-179 Public hearing - consideration of an application
submitted by Richard W. and Barbara J. Jones pursuant to
Section 2 of Ordinance No. 3135 seeking approval to
submit an application for a tentative parcel map that
will create parcels of not less than 40 acres each on
AP 039-200-061, property located on the southwest side of
Crouch Avenue at Lone Pine Avenue, Chico area, within the
Agricultural Protection Zone. (2937) (**00)
Page 168
June 14, 1994
94-179 MOTION: I MOVE TO APPROVE THE APPLICATION PURSUANT TO
SECTION 2 OF ORDINANCE NO. 3135 AND MAKE THE
FOLLOWING FINDINGS: 1. THE DIVISION OF LAND
IS NECESSARY TO AVOID OR RESOLVE A PERSONAL OR
FINANCIAL HARDSHIP, AND THERE IS NO OTHER
FEASIBLE ALTERNATIVE.; 2. THE DIVISION OF
LAND WILL FACILITATE THE CONTINUATION OF
COMMERCIAL AGRICULTURE OR AGRICULTURAL SUPPORT
ACTIVITIES ON EACH OF THE PARCELS BEING
CREATED.; SUBSTANTIATION FOR FINDING NO. 2.
THE LAND IS CURRENTLY UNDER WILLIAMSON ACT
CONTRACT. THE BOARD RECENTLY APPROVED AN
AMENDMENT OF THE CONTRACT CONSISTENT WITH THE
JONES REQUEST AND HAS, AS PART OF THE CONTRACT
AMENDMENT, RESTRICTED THE DEVELOPMENT OF HOMES
ON TWO OF THE FIVE PARCELS, RESTRICTED THE USE
OF THE PROPERTY FOR SKI LAKES, AND REQUIRED
THE PROPERTY TO BE IN ORCHARD CROP
PRODUCTION.; 3. THE LAND TO BE DIVIDED IS
SUBJECT TO OR WILL FORTHWITH BE SUBJECT TO A
LAND CONSERVATION AGREEMENT WITH THE COUNTY OR
A PERMANENT AGRICULTURAL OR OPEN SPACE
EASEMENT TO BE HELD BY THE COUNTY, ANOTHER
QUALIFIED PUBLIC AGENCY, OR A NON-PROFIT LAND
CONSERVATION ORGANIZATION.; 4. THE DIVISION
OF LAND IS CONSISTENT WITH THE COUNTY'S
OBJECTIVE OF RETAINING AGRICULTURAL LANDS IN
USE FOR COMMERCIAL AGRICULTURAL PURPOSES; AND
5. THE DIVISION OF LAND IS CONSISTENT WITH
ALL OTHER APPLICABLE PROVISIONS OF THE COUNTY
GENERAL PLAN, THE BUTTE COUNTY CODE, AND OTHER
FEDERAL, STATE AND COUNTY REGULATIONS AND
REQUIREMENTS IN EFFECT, AND IS COMPATIBLE WITH
AGRICULTURAL AND OTHER USES ADJACENT TO OR IN
THE VICINITY OF THE PROPERTY TO BE DIVIDED.
M S
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
Paqe 169
June 14, 1994
94-180 Board interpretation pursuant to Butte County Code
Section 24-20(d):
1. Option 1: Interpret accessory uses within the
definition of agriculture to include agricultural
industries which process, sort and package
agricultural products.
2. Option 2: Interpret accessory uses within the
definition of agriculture to exclude agricultural
industries and direct the applicant to file for a
general plan amendment and rezone for industrial
land use and zoning. (215)
MOTION: I MOVE TO INTERPRET ACCESSORY USES WITHIN THE
DEFINITION OF AGRICULTURE TO INCLUDE
AGRICULTURAL INDUSTRIES WHICH PROCESS, SORT
AND PACKAGE AGRICULTURAL~PRODUCTS.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
94-181 Introduction of a salary ordinance amendment adding 30
positions to the Welfare Department as follows: One
Revenue and Reimbursement Officer I, two Office Assistant
III, II, I, three Senior Account Clerk or Account Clerk
to the Administration budget unit, and three Eligibility
Supervisor I, three Eligibility Worker III, seventeen
Eligibility Worker II, I and one Account Clerk or Office
Assistant II, I to Eligibility budget unit as part of the
1994-95 budget (STATE/FEDERAL/COUNTY) - action
requested - WAIVE READING OF THE ORDINANCE. (830)
(CONTINUED TO JUNE 28, 1994)
94-182 Mental Health/Alcohol and Drug Services Division - Board
authorization is requested to purchase a van in the
maximum amount of $20,465 (Drug Abuse Services}, a
personal computer w/peripheral equipment in the maximum
amount of $2,504 (Drug Abuse Services), and a personal
computer w/peripheral equipment in the maximum amount of
$2,510 (Youth Services). Budget transfer B-210 has been
prepared to appropriate unanticipated revenue from a
federal grant and to transfer appropriations to cover
current and anticipated deficits and purchase of fixed
asset items - action requested - APPROVE BUDGET TRANSFER
B-210 AND AUTHORIZE PURCHASE OF FIXED ASSET ITEMS.
(2469)
MOTION: I MOVE TO APPROVE BUDGET TRANSFER B-210 AND
AUTHORIZE PURCHASE OF FIXED ASSET ITEMS.
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
Page 170
June 14, 1994
r-. .~.,
94-183 Report to Board - bid opening for construction of Chico-
Durham bike path (from Jones Avenue to Hegan Lane),
County project no. 26311-92-1, State contract no. 88-2-
04003 - action requested - AWARD CONTRACT TO LOW BIDDER,
FRANKLIN CONSTRUCTION, INC. IN THE AMOUNT OF $117,579,
SUBJECT TO CALTRANS AND FHWA APPROVAL.
MOTION: I MOVE TO AWARD THE CONTRACT TO FRANKLIN
CONSTRUCTION, INC., PARADISE IN THE AMOUNT OF
$117,579 SUBJECT TO CALTRANS AND FHWA
APPROVAL.
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
94-184 Items removed from the Consent Agenda for Board
consideration and action.
1. AB 2140 (Honeycutt) - "Liability for Child
Protective Activities" - the Welfare Department is
requesting Board support in opposing this
legislation, which would leave the County, as well
as the individual social workers in child welfare
services, open to frivolous lawsuits by removing
the current immunity to civil liability shared by
prosecutors of the court - action requested -
APPROVE LETTERS IN OPPOSITION TO LEGISLATION TO
MEMBERS OF THE SENATE JUDICIARY COMMITTEE FOR
SIGNATURE BY THE BOARD CHAIR.
MOTION: I MOVE TO APPROVE LETTERS IN OPPOSITION TO
LEGISLATION TO MEMBERS OF THE SENATE JUDICIARY
COMMITTEE FOR SIGNATURE BY THE BOARD CHAIR.
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
94-185 Report to the Board - Development Services Department
progress report - action requested - ACCEPT FOR
INFORMATION. (2710) (DIRECTION TO ENTER INTO THE
RECORD THE MEMORANDUM TO THE CHIEF ADMINISTRATIVE OFFICER
FROM JIM MANN, DIRECTOR, NORTH VALLEY CHAPTER BUILDING
INDUSTRY ASSOCIATION, IN SUPPORT OF MR. FARREL AND THE
DEVELOPMENT SERVICES DEPARTMENT)
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June 14, 1994
94-186 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.) (544)
1. Reta Rickmers, Oroville - presented to the Board
petitions from "residents of the foothill
communities" in opposition to excessive logging on
private lands.
2. Jean Crist, Magalia - a representative of the
foothill communities, specifically Magalia, on the
problem of overlogginq in the foothill communities.
3. Nick Monte, Oroville - expressed concern that a use
permit be required for logging on three acre
parcels.
4. Vern Chadwick, Oroville - requests reconsideration
of a five day, eight hour a day County work week.
5. Jane Dolan, Chico - brings to the Board's attention
agenda item 8.01(e) (State Department of Forestry
is providing notification that the County did
receive the grant from the National Small Business
Tree Planting Program - administering department
Public Works, and initiating neighborhood the
Chapman/Mulberry area to establish an urban
forestry program with the children in the
neighborhood), and a plaque from the California
Integrated Waste Management Board designating North
Butte County as a Recycling Market Development Zone
in cooperation with the City of Chico, Butte
College, Chico State University and the economic
development groups.
94-187 CLOSED SESSION: The Board recessed for lunch at
12:50 p.m. to reconvene in closed
session at 2:00 p.m. for actual
litigation pursuant to Government
Code Section 54956.9(a) (Turner v.
County of Butte, Superior Court Case
No. 112050), personnel matters
pursuant to Government Code Section
54957 (annual evaluation of
performance of William Farrel,
Director-Development Services, and
annual evaluation of performance of
Gina Facca, Air Pollution Control
Officer), and a conference with
labor negotiator William Avery
(Government Code Section 54957.6).
Page 172
June 14, 1994
94-187
RECONVENE: The Board reconvened at 4:25 p.m.
following a closed session for
actual litigation pursuant to
Government Code Section 54956.9(a)
(Turner v. County of Butte, Superior
Court Case No. 112050), personnel
matters pursuant to Government Code
Section 54957 (annual evaluation of
performance of William Farrel,
Director-Development Services, and
annual evaluation of performance of
Gina Facca, Air Pollution Control
Officer), and a conference with
labor negotiator William Avery
(Government Code Section 54957.6).
ANNOUNCEMENT: IN THE TURNER V. COUNTY OF BUTTE CASE,
THE BOARD AUTHORIZED THE COUNTY TO FILE
AN AMICUS BRIEF WITH THE SUPREME COURT IN
THE CASE OF ROSSI V. BROWN.
VOTE: 1 AB 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
Communications
94-188 Communications received and referred. (COPIES OF ALL
COMMUNICATIONS ARE AVAILABLE IN THE CLERK OF THE BOARD
OFFICE.)
a. C. Phillip Kelly, Jr., Manager, Paradise Irrigation
District - writes that the District believes that
it is desirable to determine if changes to the
Magalia Reservoir Watershed Protection zone (wPZ)
have occurred or are gradually occurring and if so,
evaluate how such changes may affect water quality,
and what modifications to the existing WPZ
ordinance might be advisable. (REFER TO DIRECTOR-
DEVELOPMENT SERVICES AND BUTTE COUNTY WATER
COMMISSION)
b. Henry Crowhurst, M.D., President, Butte-Glenn
Medical Society - writes that the Society's Board
of Directors and Public Health Committee join the
Board of Supervisors in its recognition of the
importance of maintaining proposed fee increases
for the County's Health Department environmental
health services, and urge the Board uphold the
original decision to implement the proposed fee
increases structure. (REFER TO DIRECTOR-PUBLIC
HEALTH)
Page 173
June 14, 1994
~ .-.
94-188 c. Gerda Lydon, President and Chris Perske, Natural
Resources Chair, League of Women Voters of Butte
County - write in support of the Board's recent
decision to effect a moratorium on development on
agricultural land until the agricultural phase of
the new general plan is completed, and urges
similar action on the abuses of three acre logging
exemptions. (REFER TO DIRECTOR-DEVELOPMENT
SERVICES)
d. State Board of Forestry - exemption and conversion
rules - notifies the Board of a hearing to be held
at 9:00 a.m., June 8, 1994 in Eureka (open to
public testimony regarding the Section 1104.1,
Title 14 CCR proposal), and that written comments
on this proposal and the Section 1038 (et. seq)
exempt operations proposal will be accepted until
June 7, 1994 at 5:00 p.m. at the State Board of
Forestry, P. O. Box 944246, Sacramento, Ca. 94244-
2460. (REFER TO CHIEF ADMINISTRATIVE OFFICER,
COUNTY COUNSEL, DIRECTOR-DEVELOPMENT SERVICES AND
FIRE WARDEN}
e. State Department of Forestry and Fire Protection
(CDF) - notifies the Board that the County's 1994
grant request to CDF for the National Small
Business Tree Planting Program was chosen for
funding and has been included in California's
"Master Grant Application" which was sent to the
Small Business Administration (SBA) in Washington,
D.C. for their approval. (REFER TO PUBLIC WORKS)
f. W. A. Herring, Chief Probation Officer - submits
official notification of his retirement on July 17,
1994. (REFER TO DIRECTOR-PERSONNEL)
g. Jim Burcham, Director-Public Works, County of
Yuba - on behalf of the Yuba County Board of
Supervisors, asks that the Butte County Board of
Supervisors consider paying a portion of the
improvement costs for the road(s) used by residents
and businesses of Butte County when they travel to
Beale Air Force Base. (REFER TO CHIEF
ADMINISTRATIVE OFFICER AND DIRECTOR-PUBLIC WORKS)
h. Joseph A. Chiapella, M.D., Chico - writes regarding
the cutbacks on various environmental health and
public health programs and to express his concern,
in view of a tight budget, for the various County
clinics providing well-child exams, immunizations
and family planning. (REFER TO DIRECTOR-PUBLIC
HEALTH)
Page 174
June 14, 1994
ADJOURNMENT: There being no further business before
the Board, the meeting was adjourned at
4:30 p.m. to reconvene on Tuesday,
June 28, 1994 at 9:00 a.m.
~`
ED McLAUGHLZN, air
Butte County Board of Supervisors
ATTEST:
JOHN S. BLACKLOCK Chief Administrative Officer
and Clerk of t Board of Supervisors
By: n
Page 175
June 14, 1994