HomeMy WebLinkAboutM071195MINUTES
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ED McLAUGHLIN, 4th District, Chair
VIVIAN MEYER, 1st District
JANE DOLAN, 2nd District
MARY ANNE HOUX, 3rd District
GORDON THOMAS, Stfi 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. Starlyn S. Brown, Assistant
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 - Pastor Gene Fuqua, Cornerstone Bible Chapel,
Oroville.
95-191 Consent Agenda
1. Approval of minutes - action requested - APPROVE
MINUTES OF JUNE 27, 1995.
2. Budget transfers - action requested - APPROVE
BUDGET TRANSFER B-301 (VETERAN'S SERVICE OFFICE).
3. Orchardcrest Subdivision, Unit No. 1 (portion of
Orchardcrest Drive and portion of Glen Arbor way) -
abandonment of public rights-of-way and conveyance
of fee title - action requested - ADOPT RESOLUTION
95-99 SETTING A PUBLIC HEARING FOR TUESDAY,
AUGUST 15, 1995 AT 10:30 A.M.
4. County Library donations - in accordance with
Government Code Section 25355, donations of $2,205
from Chico Friends of the Library; $650 from
Oroville Friends of the Library; $500 from Chico
Breakfast Lions; and $100 from San Joaquin Valley
Library System have been received for the Butte
County Trust Fund for the purchase of books -
action requested - ACCEPT DONATIONS AND AUTHORIZE
LETTERS OF APPRECIATION.
BOARD OF SUPERVISORS
Page 206
July 11, 1995
Ju y 11. 1995
95-191 5. Dick Bjork, Oroville - submits a claim in the
amount of $21,499 for alleged damages sustained as
a result of notification by the Butte County
Sheriff's Department on or about January 28, 1995
of destruction of electronic recording of emergency
911 calls that were made by claimant on or about
February 14, 1992 - action requested - REJECT CLAIM
AND REFER TO COUNTY COUNSEL AND RISK MANAGER.
6. Conveyance of County property - the Fire Department
wishes to transfer ownership of a 1964
International truck (County no. 944, License no.
112385) to Oroville Fire Department. The truck,
originally donated to the North Chico Volunteers by
Goings Distributing, was donated to the County to
use the build-up for constructing an air utility
vehicle. The vehicle and body were determined to
be in too poor a condition and not cost effective
to use. The North Chico Volunteers agree with the
donation - action requested - AUTHORIZE TRANSFER OF
COUNTY PROPERTY. (FROM 6-27-95)
7. Butte County Courthouse Project - escrow
agreement - an escrow agreement for security
deposits in lieu of retention has been prepared
with the courthouse construction contractor, Ginno
Construction, Inc., setting forth an alternate form
of the ten percent payment withhold. The agreement
names Tehama County Bank of Chico as escrow agent -
action requested - APPROVE AGREEMENT AND AUTHORIZE
THE GENERAL SERVICES DIRECTOR TO SIGN.
8. Notice of completion - Jail
Project - all work on the p:
completed in accordance with
specifications - action requested
AND AUTHORIZE THE FILING OF
COMPLETION.
Kitchen Remodel
roject has been
the plans and
- ACCEPT PROJECT
THE NOTICE OF
9. Public Health - on May 9, 1995 the Board authorized
the purchase of a network system for the California
Children Services (CCS) Office in the maximum
amount of $13,585 (estimate prepared by the Data
Processing Department.) The bids received by the
Purchasing Office were $2,000 higher. Sufficient
savings are available to cover this purchase from
CCS funds appropriated in the professional services
line item - action requested - APPROVE BUDGET
TRANSFER B-300.
Page 207
July li, 1995
95-191 10. Surplus property - the Purchasing Office has
prepared a supplemental list of County personal
property that is broken, worn, or without further
use to departments. The property is scheduled to
be sold at the upcoming public auction of July 22
in the Public Works Yard in Oroville - action
requested - DECLARE LISTED ITEMS AS SURPLUS TO THE
NEEDS OF THE COUNTY AND AUTHORIZE DISPOSAL AT
PUBLIC AUCTION.
11. 1995-96 Butte County Transit Claim for unclaimed
local transportation funds received fiscal year
1994-95 - in accordance with the Transportation
Development Act, the Department of Public Works has
prepared the claim for SB 325 funds for public
transportation projects - action requested -
APPROVE CLAIM AND AUTHORIZE THE DIRECTOR-PUBLIC
WORKS TO SIGN.
12. Adoption of a salary ordinance amendment which
reflects personnel changes to be implemented prior
to adoption of the final budget - action requested:
A. ADOPT ORDINANCE 3207 AND AUTHORIZE THE CHAIR
TO SIGN; AND
B. AUTHORIZE IMPLEMENTATION PRIOR TO ADOPTION OF
FINAL BUDGET PURSUANT TO GOVERNMENT CODE
SECTION 29124. (FROM 6-27-95)
13. General Liability Insurance Program - resolution
establishing self-insurance/intra-governmental
service fund and claims procedures - action
requested - ADOPT RESOLUTION 95-100 AND AUTHORIZE
THE CHAIR TO SIGN.
14. Summary abandonment for portions of Neal Road (Neal
Road Reconstruction Project, contract no. 46312-92-
1) - Board authorization is requested for
abandonment of a portion of Neal Road right-of-way
in exchange for a new right-of-way which is needed
for public road purposes - action requested - ADOPT
RESOLUTION 95-101, APPROVE GRANT DEED (NANCE CANYON
PARTNERS, L. P./PARCELS 1,3 & 5) AND AUTHORIZE THE
CHAIR TO SIGN.
Page 208
July 11, 1995
95-191 15. Metcalf & Eddy - proposed is an agreement for the
provision of consulting services, analysis, and
cost estimates in connection with wastewater
treatment and disposal for areas to be sewered as
part of the Nitrate Compliance Plan. The maximum
amount of the agreement is $33,700 (County Service
Area No. 114/Nitrate Action Plan), and work is to
be completed by September 29, 1995 - action
requested - APPROVE AGREEMENT AND AUTHORIZE THE
CHAIR TO SIGN.
16. Report to Board - rejection of bids for County
Service Area (CSA) maintenance service contract for
drainage ditches and detention ponds - action
requested - REJECT ALL BIDS AND AUTHORIZE THE
PUBLIC WORKS DEPARTMENT TO RE-BID THE PROJECT.
17. Cal-Learn Program case management contract -
proposed is a contract with North Valley Catholic
Social Service for the purpose of providing
services to the County in conducting the Cal-Learn
Program. The term of the agreement is July 1, 1995
through June 30, 1996 in the maximum amount of
$1,650 (60~ Federal/40~ State) per participant per
year - action requested - APPROVE CONTRACT AND
AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF
COUNTY COUNSEL AND THE AUDITOR-CONTROLLER.
MOTION: I MOVE TO APPROVE THE CONSENT AGENDA AS
PRESENTED.
S M
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
FOR THE RECORD: SUPERVISOR THOMAS VOTED NO ON ITEM
3.01.
95-192 Appointments - commissions and committees.
a. Appointments to committee vacancies.
MOTION: I MOVE TO APPOINT AL STIEFEL TO THE PRIVATE
INDUSTRY COUNCIL (OROVILLE BUSINESS
REPRESENTATIVE) TO AN UNEXPIRED TERM TO EXPIRE
JUNE, 1997.
M S
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
Page 209
July 11, 1995
July il, 1995
95-193 Blood drive - presentation to recognize past donations
and to stimulate donations on July 18th and the future.
(86) (PRESENTATION BY MITZI EDGECOMB, NORTH VALLEY BLOOD
CENTER)
95-194 Update on Sacramento legislative and budget activities.
(158} (STARLYN S. BROWN, ASSISTANT CHIEF ADMINISTRATIVE
OFFICER, REPORTED THAT SB 124 (LESLIE) WILL GO TO
ASSEMBLY APPROPRIATIONS FOR CONSIDERATION ON JULY 12,
1995)
95-195 Report to Board - bid opening for construction of Holly
Avenue realignment and bridge across Lindo Channel, Butte
County Project No. 55201-93-1 - action requested -
AUTHORIZATION TO AWARD CONTRACT TO LOW RESPONSIBLE
BIDDER. (260)
MOTION: I MOVE TO AWARD CONTRACT TO BLAISDALE AND
BAKER, INC., BEDDING, IN THE AMOUNT OF
$1,039,755.50.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried}
95-196 Interim report to Board - Butte Basin Water Users'
Association - proposed ordinance amending Chapter 23B of
the Butte county Code, entitled "Water Wells." (FROM 4-
25-95) (312) (NO ACTION TAKEN)
95-197 CLOSED SESSION: The Board recessed at 9:23 a.m. to a
closed session conference with legal
counsel on a matter of actual
litigation pursuant to Government
Code Section 54956.9(a} (Green Rock
Quarries, Inc. v. County of Butte).
RECONVENE: The Board reconvened at 10:00 a.m.
following a closed session conference
with legal counsel on a matter of actual
litigation pursuant to Government Code
Section 54956.9 (a) (Green Rock Quarries,
Inc. v. County of Butte). (NO
ANNOUNCEMENT }
Page 210
July il, 1995
~y 11, 1995
95-198 Grazing and Open Land Review Committee - action
requested:
A. PRESENTATION OF FINAL REPORT BY THE GRAZING AND
OPEN LAND REVIEW COMMITTEE; AND
B. STAFF REPORT ON THE GRAZING AND OPEN LAND REVIEW
COMMITTEE'S FINAL REPORT. (385) (**00)
MOTION: I MOVE TO 1) THANK THE COMMITTEE FOR ITS WORK,
TIME, AND HEARTFELT INTEREST; 2) ACCEPT THE
FINAL REPORT AND DEFER ANY ACTION UNTIL THE
BOARD DEALS WITH LARGER LAND USE ISSUES; AND
3) WANTS A STAFF REPORT THAT CAN BE DEPENDED
UPON FOR ACCURACY; GOOD MAPS; AND THE NAMES OF
STAFF WHO DREW UP THE ANCILLARY REPORTS AND
WHAT INFORMATION THEIR REPORTS ARE BASED ON.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
95-199 Items removed from the Consent Agenda for Board
consideration and action. (NONE)
RECESS: 11:15 A.M.
RECONVENE: 11:35 A.M.
Page 211
July 11, 1995
95-200 Continued hearing - John Farhar, et al. - consideration
of the Development Review Committee's approval of the J.
E. McAmis vesting subdivision map (item for which
negative declaration with mitigations has been
adopted), AP 011-070-057 and -064, four parcels,
property located on the south side of Honey Run Road,
adjacent to Butte Creek approximately 3/4 mile southwest
of Centerville Road in the Butte Creek Canyon, Chico.
(FROM 6-27-95) (20)
MOTION: I MOVE FOR A MOTION OF INTENT TO 1) DENY THE
APPEAL AND UPHOLD THE APPROVAL OF THIS PROJECT
FOR FOUR PARCELS SUBJECT TO A NOTE BEING
PLACED ON THE DEED THAT WOULD GO WITH THE LAND
THAT THIS PROPERTY CONTAINS NO STRUCTURE ZONES
AND THAT NO FUTURE SUBDIVIDING OF THE PROPERTY
WILL BE ALLOWED; 2) ADOPT THE NEGATIVE
DECLARATION AS APPROVED BY THE COUNTY'S
DEVELOPMENT REVIEW COMMITTEE; AND 3) CONTINUE
THI5 MATTER TO TUESDAY, AUGUST 15, 1995 TO
ALLOW STAFF TIME TO PREPARE THE NECESSARY
FORMAL FINDINGS.
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
MOTION: I MOVE TO DIRECT STAFF TO INITIATE A REZONE TO
20 ACRE MINIMUM PARCELS, TO INCLUDE OTHER
AREAS THAT STAFF BELIEVES SHOULD BE IN LARGER
PARCELS, AND TO COME BACK TO THE BOARD FOR
CONSIDERATION AS SOON AS POSSIBLE.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
Page 212
July 11, 1995
95-201 Public hearing - consideration of an ordinance amending
Section 36-50 of Chapter 36 of the Butte County Code
entitled, "Incarceration", adding a $10.00 Worker's
Compensation Insurance, Premium Fee for the
administration of Butte County's Work Alternative Program
pursuant to Penal Code Section 4024.2(e); and
consideration of an ordinance adding Section 3-72,
Article III, to Chapter 3 of the Butte County Code
entitled, "Court Work Referral Fees", establishing a
$10.00 Worker's Compensation Insurance, Premium Fee for
the administration of Butte County's Court Work Referral
Program pursuant to Penal Code Section 1205.3. (2225)
MOTION: I MOVE TO ADOPT ORDINANCE 3208 AMENDING
SECTION 36-50 OF CHAPTER 36 OF THE BUTTE
COUNTY CODE ENTITLED, "INCARCERATION", ADDING
A $10.00 WORKER'S COMPENSATION INSURANCE,
PREMIUM FEE FOR THE ADMINISTRATION OF BUTTE
COUNTY'S WORK ALTERNATIVE PROGRAM PURSUANT TO
PENAL CODE SECTION 4024.2(e); AND ADOPT
ORDINANCE 3209 ADDING SECTION 3-72, ENTITLED,
"COURT WORK REFERRAL FEES", ESTABLISHING A
$10.00 WORKERS'S COMPENSATION INSURANCE,
PREMIUM FEE FOR THE ADMINISTRATION OF BUTTE
COUNTY'S COURT WORK REFERRAL PROGRAM PURSUANT
TO PENAL CODE SECTION 1205.3.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
95-202 Public hearing - NorthStar Engineering on behalf of Larry
Holmes -consideration of an appeal of condition no. 17.
(Provide a letter or other documentation from City of
Chico stating that they are willing and able to supply
sewer service to parcels 1 , 2, 3 and 4.), and no. 18.
(Place a note on the map that states "Development of
parcels 1, 2, 3 and 4 will require connection to a public
sanitary sewer."), tentative parcel map, AP 003-550-025,
four parcels, property located on the north side of
Filbert Avenue, approximately 450 feet west of
Sheridan Avenue, Chico - action requested - CONTINUE
HEARING OPEN FOR STAFF PRESENTATION AND PUBLIC COrII~SENT TO
TUESDAY, AUGUST 15, 1995 AT 10:00 A.M. (2301) (HEARING
OPENED AND CONTINUED OPEN TO TUESDAY, AUGUST 15, 1995 AT
10:00 A.M.)
Page 213
July 11, 1995
~y 11, 1995
95-203 Public hearing - NorthStar Engineering on behalf of
Robert Kidd - Ordinance No. 3135/Agricultural
Protection Zone - consideration of a request to exempt AP
039-25-30 encompassing 240 acres of land located at the
northwest corner of Holland Avenue and Hanlon Road, in
the Durham area and within the Agricultural Protection
Zone, from the requirement that all divisions of land
have a minimum 160 acres for each parcel. Approval of
this request will allow for the division of the 240 acres
of land into parcels of not less than 40 acres in size.
(2330)
MOTION: I MOVE TO FIND THAT THE APPLICATION FOR
EXEMPTION FROM THE AGRICULTURAL PROTECTION
ZONE URGENCY ORDINANCE (NO. 3135) BY ROBERT
KIDD COMPLIES WITH THE SPECIFIC FINDINGS TO BE
MADE BY THE BOARD PURSUANT TO THE ORDINANCE,
AND ON THAT BASIS, THE BOARD HEREBY GRANTS THE
EXEMPTION BASED UPON THE SPECIFIC FINDINGS SET
FORTH IN THE STAFF REPORT OF JUNE 28, 1995,
SUBJECT TO THE FOLLOWING CONDITIONS:
A) PRIOR TO RECORDATION OF A PARCEL MAP, THE
240 ACRE KIDD PARCEL, AP 039-25-30, SHALL BE
PLACED IN A LAND CONSERVATION AGREEMENT WITH
THE APPROPRIATE MINIMUM LOT SIZE; AND B) LZMIT
THE EXCEPTION TO PROCESSING OF THE APPLICATION
TO TWO PARCELS ONLY RATHER THAN THREE.
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
95-204 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.) (2585)
1. Gordon Thomas, Paradise - Kimshew Cemetery District
and the public's historic right to gain access to
the cemetery on a private road. (COUNTY COUNSEL TO
RESEARCH OPTIONS AND BRING THE MATTER BEFORE THE
BOARD FOR CONSIDERATION)
Page 214
July ll, 1995
95-205 Determination, pursuant to Government Code Section
54954.2(b)(2), that there is a need to take immediate
action on a matter of actual litigation/workers'
compensation (case name unspecified as disclosure would
jeopardize existing settlement negotiations [Government
Code Section 54954.5(c)]) pursuant to Government Code
Section 54956.9(x), and that the need for action came to
the attention of the Board subsequent to the agenda being
posted.
MOTION: I MOVE FOR THE ACTION AS REQUESTED.
M S
l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
CLOSED SESSION: The Board recessed at 1:05 p.m. to a closed
session conference on a matter of actual
litigation/worker's compensation with legal
counsel pursuant to Government Code Sections
54956.9(x) and 54954.5(c) (case name
unspecified as disclosure would jeopardize
existing settlement negotiations); public
employee appointment(s) pursuant to Government
Code Section 54957 (Acting Public Health
Director/Health Officer), and conference with
labor negotiator pursuant to Government Code
Section 54957.6 (Agency negotiator: Bill
Avery; and 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]).
RECONVENE: The Board reconvened at 2:05 p.m. following a
closed session conference on a matter of actual
litigation/workers' compensation with legal counsel
pursuant to Government Code Sections 54956.9(x) and
54954.5(c) (case name unspecified as disclosure
would jeopardize existing settlement negotiations);
public employee appointment(s) pursuant to
Government Code Section 54957 (Acting Public Health
Director/Health Officer), and conference with labor
negotiator pursuant to Government Code Section
54957.6 (Agency negotiator: Bill Avery; and
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]).
(NO ANNOUNCEMENTS)
Page 215
July 11, 1995
95-206 Communications
Communications received and referred. (COPIES OF
ALL COMMUNICATIONS ARE AVAILABLE IN THE CLERK OF
THE BOARD OFFICE.)
A. Peter D. Peterson, Chico - writes to thank the
Board for its leadership and support during
the catastrophic floods experienced this year;
to commend Mike Madden, County Emergency
Services Officer, for his aggressive
leadership; and to compliment Mike Crump,
Director-Public Works and Susan Minasian,
County Counsel for the efforts of their
respective departments and for their personal
leadership. (REFER TO GENERAL SERVICES
DIRECTOR, DIRECTOR-PUBLIC WORKS, AND COUNTY
COUNSEL)
B. Chester M. Winn, Chief, Division of Fiscal
Services, State Department of Water
Resources - forwards the Statement of Charges
for a water supply from the State Water
Project for payments which will be due in
calendar year 1996. (REFER TO AUDITOR-
CONTROLLER AND COUNTY COUNSEL)
ADJOURNMENT: There being no further business
before the Board, the meeting was
adjourned at 2: 0 5 p. m. to
reconvene on Tuesday, July 25, 1995
at 9:00 a.m.
C ~
~~
ED Mc UGH IN, HAIR
Board of Supervisors
ATTEST:
JOHN S. BLACKIAC~ Chief Administrative Officer
and Clerk of t Board of Supervisors
By: a
Page 216
July 11, 1995