HomeMy WebLinkAboutM072595Call 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 Dorothy Bell, Deputy Clerk of the Board.
Pledge of allegiance to the Flaq of the United States of
America.
Invocation - Pastor Harry Hernandez, Grace Community
Church, Chico.
95-207 1. Approval of minutes - action requested - APPROVE
MINUTES OF JULY 11, 1995.
2. Budget transfers - action requested - APPROVE
BUDGET TRANSFERS B-306 (RESOLVES VARIOUS CURRENT
DEFICITS AS PART OF THE PRELIMINARY 1994-95 YEAR-
END CLOSE OUT), B-307 (CAPITAL PROJECTS), B-308
(FIRE DEPARTMENT).
3. County Service Area (CSA) No. 164 (Butte County
Animal Control District) - the type of extended
service to be provided within said area is animal
control services not provided to the same extent on
a county wide basis both within and without
cities - action requested - ADOPT RESOLUTION 95-102
OF INTENTION TO ESTABLISH CSA NO. 164 (BUTTE COUNTY
ANIMAL CONTROL DISTRICT) SETTING A PUBLIC HEARING
ON TUESDAY, AUGUST 29, 1995 AT 11:00 A.M. AND
AUTHORIZE THE CHAIR TO SIGN.
4. County Library donation - in accordance with
Government Code Section 25355, a donation of $200
from Chico Area Flyfishers, Inc. has been received
for the Butte County Trust Fund for the purchase of
books - action requested - ACCEPT DONATION AND
AUTHORIZE LETTER OF APPRECIATION.
Page 217 July 25, 1995
95-207 5. Kris W. Nikolauson, Magalia - submits a claim in
the amount of $26,560 for repair of Nimshew Road at
14988 alleged to be the result of the County
conspiring to obtain the benefit of labor without
honoring its obligations on or about an undisclosed
period of time - action requested - REJECT CLAIM
AND REFER TO COUNTY COUNSEL AND RISK MANAGER.
6. District Attorney - Board approval is requested
of a three year lease agreement for one vehicle for
the Domestic Violence Unit at a cost of
approximately $6,500 (State) per year. Grant
funding does not allow for purchase of a vehicle,
however, if purchased under a municipal
lease/purchase program, the vehicle can be
purchased for $1.00 at the end of a three year
lease - action requested - APPROVE THE LEASE OF ONE
VEHICLE FOR THREE YEARS FOR THE DISTRICT ATTORNEY'S
DOMESTIC VIOLENCE UNIT.
7. District Attorney - Board approval is requested to
purchase one camcorder, two personal computers, one
laser printer, and one multi-channel police radio
in the maximum amount of $7,260 (100 grant
funding provided in fiscal year 1994-95) for the
Department's Domestic Violence Unit - action
requested - APPROVE BUDGET TRANSFER B-002
AUTHORIZING TRANSFER OF FISCAL YEAR 1994-95 FUNDS
AND PURCHASE OF FIXED ASSET ITEMS.
8. Investments Information Report - the Treasurer-Tax
Collector submits the June 30, 1995 report in
accordance with the County's State of Investment
Policy dated June 1, 1995 - action requested -
ACCEPT FOR INFORMATION.
9. Introduction of a salary ordinance amendment
implementing a Public Health personnel change
recommended for approval as part of the 1995-96
final budget. Proposed is the increase of a one-
half full time equivalent Public Health
Nutritionist to one full time equivalent position.
Funding is 1001 State/Federal - action requested -
WAIVE READING OF THE ORDINANCE.
Page 218
July 25, 1995
July 25, 1995
95-207 10. Daylight Safety Zone - a Safety Task Force
organized by Butte College developed a list of
recommendations to address the unusually high rate
of serious accidents on the Durham-Pentz Road
between Highway 99 and Butte College over the past
years - action requested - ESTABLISH A DAYLIGHT
SAFETY ZONE ON DURHAM-PENTZ ROAD BETWEEN HIGHWAY 99
AND BUTTE COLLEGE FOR A TWO YEAR TEST PERIOD AND
AUTHORIZE THE DIRECTOR-PUBLIC WORKS TO INSTALL
APPROPRIATE SIGNAGE.
il. Stop intersections - proposed are stop signs on the
non-through legs of the intersections of Downing
Avenue at Hill View Way, Downing Avenue at Filbert
Avenue, and Sierra Vista way at Downing Avenue to
assign right of way to vehicular traffic - action
requested - ADOPT RESOLUTION 95-103 DECLARING STOP
INTERSECTIONS AND AUTHORIZE CHAIR TO SIGN.
12. Assignment of counsel - County Counsel proposes
the assignment of Castro v. Baldwin Construction to
the law firm of Price, Brown, Halsey ~ Gunn -
action requested - APPROVE ASSIGNMENT OF COUNSEL.
13. University Foundation, Chico State University,
Chico - County Service Area No. 114 (Nitrate Action
Plan) - proposed is the second amendment to the
agreement for the second phase of a demonstration
project for recirculating trickling filters for
nitrogen removal in septic systems, at a cost
increase of $34,004 - action requested - APPROVE
AMENDMENT TO AGREEMENT AND AUTHORIZE THE CHAIR TO
SIGN.
14. Barry Fretwell - proposed is amendment no. 1 to a
commercial lease for property located at 2680 South
Fifth Avenue, Suite "E", Oroville utilized as a
storage facility by County Clerk/Superior Court and
South County Municipal Court for court records.
The amendment extends the original three year lease
one year, at the original monthly rental fee of
$480 (Trial Court Funding) - action requested -
APPROVE AMENDMENT NO. 1 AND AUTHORIZE THE CHAIR TO
SIGN.
Page 219
July 25, 1995
95-207 15. City of Gridley - proposed is a cooperative
agreement for the provision of volunteer fire
protection, rescue and emergency medical services
for the City effective July 1, 1995 until June 30,
1998, which provides the County reimbursement for
first alarm volunteer responses into the City,
where in the past it did not - action requested -
APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN.
16. Claims Management, Inc. - proposed is a three year
renewal agreement commencing July 1, 1995 through
June 30, 1998 for workers' compensation claims
administration service. The annual cost of the
contract for fiscal years 1995-96 and 1996-97 is
set at $90,211 ($13,222 less than this year's
contracted costs), and fiscal year 1997-98 would
increase, but no more than five percent, or $4,510
(RESTRICTED FUNDS) - action requested - APPROVE
AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN.
17. United States Forest Service, Lassen National
Forest - proposed is the 1995 Operating and
Financial Plan which becomes part of the
cooperative law enforcement agreement dated May 2,
1984, for reimbursement in the amount of $9,100
for law enforcement associated with vehicle patrol
in the Butte Meadows, Cherry Hill, West Branch,
Philbrook Lake and Soda Springs Campgrounds -
action requested - APPROVE PLAN AND AUTHORIZE THE
CHAIR TO SIGN.
18. United States Forest Service, Pacific Southwest
Region - proposed is the 1995 Operating and Final
Plan for controlled substances wherein the U.S.
Forest Service will reimburse the County $20,000
for law enforcement associated with illegal
activities related to illegal production and
trafficking of controlled substances on Forest
Service land - action requested - APPROVE PLAN AND
AUTHORIZE THE CHAIR TO SIGN.
19. United States Forest Service, Plumas National
Forest - proposed is amendment no. 1 to the
cooperative law enforcement agreement and
attachment no. 1 to the Joint Operating and
Financial Plan for 1995 for reimbursement in the
amount of $4,000 for personnel costs and mileage
associated with summer vehicle patrol in the
Feather Falls Trailhead, Sly Creek Recreation and
Milsap Bar areas - action requested - APPROVE
AMENDMENT NO. 1 AND ATTACHMENT NO. 1 AND AUTHORIZE
THE CHAIR TO SIGN.
Page 220
July 25, 1995
July 25~ 1995
95-207 20. University of California, Davis - proposed is the
1995-96 Major Skills Training Program agreement for
eligibility workers with the U.C. Davis Extension
On-Site Training Program. The agreement, in the
amount of $27,000 (50$ Federal/35~ State/15$ U.C.
Davis), provides ten days of training - action
requested - APPROVE AGREEMENT AND AUTHORIZE THE
CHAIR TO SIGN.
21. Chico Unified School District (CUSD) - CUSD has
requested that the County's Elections Office
conduct a special bond election to be held
November 7, 1995. Costs of the election will be
paid in full by the District - action requested:
A. APPROVE REQUEST FOR THE COUNTY'S ELECTIONS
OFFICE TO CONDUCT THE SPECIAL BOND ELECTION TO
BE HELD NOVEMBER 7, 1995; AND
B. UPON RECEIPT OF AN $80,000 DEPOSIT FROM CUSD,
APPROVE BUDGET TRANSFER B-001 ACCEPTING,
ALLOCATING AND APPROPRIATING SAID DEPOSIT.
22. Upham Cemetery District - the District has filed a
"Request for Exemption from Requirement to Adopt
Conflict of Interest Code." County Counsel has
reviewed the exemption statement and determined
that the criteria for qualifying for an exemption
from filing the conflict of interest code has been
satisfied - action requested - GRANT REQUEST FOR
EXEMPTION.
23. Biennial approval of Local Agency Conflict of
Interest Code Exemption Statements - Drainage
District No. 1, Drainage District No. 2, Drainage
District No. 100, Kimshew Cemetery District and
Thompson Flat Cemetery District have reviewed their
conflict of interest code exemption statements and
have determined that the conditions for exemption
still exist. County Counsel has reviewed the Local
Agency Biennial Reports and believes they are
proper - action requested - APPROVE BIENNIAL
CONFLICT OF INTEREST CODE EXEMPTION STATEMENTS.
Page 221
July 25, 1995
95-207 24. Biennial approval of Local Agency Conflict of
Interest Codes (Non-Exempt) - Butte School Self-
Funded Program, Durham Recreation and Park
District, Paradise Recreation and Park District,
Reclamation District No. 833, Chico Area Recreation
and Park District, Magalia County Water District,
Paradise Irrigation District, and Sewerage
Commission-Oroville Region have reviewed their
Conflict of Interest Codes and determined that
their agency's code is current and in no need of
revision. County Counsel has reviewed these
reports and believes they are proper - action
requested - BIENNIAL APPROVAL OF CONFLICT OF
INTEREST CODES.
25. County Vehicle Usage Policy - on May 23, 1995, the
Board approved the county vehicle usage policy to
become effective August 1, 1995. The
Administrative Office is in the process of
evaluating requests for exceptions from various
departments - action requested - AUTHORIZE THE
CONTINUED COMMUTE USE OF VEHICLES FOR THOSE
EMPLOYEES DETERMINED BY DEPARTMENTS TO HAVE COMMUTE
NEEDS PENDING SPECIFIC BOARD ACTION ON EXCEPTIONS
TO THE VEHICLE POLICY.
MOTION: I MOVE TO APPROVE THE CONSENT AGENDA AS
PRESENTED.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
95-208 Appointments - commissions and committees.
a. Appointments to committee vacancies. (NONE)
95-209 Update on Sacramento legislative and budget activities.
(REPORT BY JOHN S. BLACKLOCK, CHIEF ADMINISTRATIVE
OFFICER, ON SB 124 [LESLIE]).
95-210 Report to Board - bid opening for construction of
pavement overlay on Lumpkin Road from Forbestown Road to
Enterprise Road (total length 4.6 miles), County Project
No. AC-94-1 - action requested - AWARD CONTRACT TO LOW
RESPONSIBLE BIDDER. (28)
MOTION: I MOVE TO AWARD TH
CONSTRUCTORS IN THE
M S
VOTE : l Y 2 Y 3 Y 4 Y 5 Y
Page 222
E CONTRACT TO YUBA SIERRA
AMOUNT OF $263,076.00.
(Unanimously Carried)
July 25, 1995
95-211 Items removed from the Consent
consideration and action. (NONE)
Agenda for Board
95-212 CLOSED SESSION: The Board recessed at 9:15 a.m. to a
closed session conference with legal
counsel on matters of actual
litigation pursuant to Government
Code Section 54956.9(a) (Crisan v.
Dolan, et al., Young v. Anderson, et
al., and Ruiz v. Vieira, County of
Butte, et al. [Butte Superior Court
Case No. 118349]), and a public
employee appointment(s) pursuant to
Government Code Section 54957
(Interim Public Health Director).
RECONVENE: The Board reconvened at 10:05 a.m.
following a closed session conference
with legal counsel on matters of actual
litigation pursuant to Government Code
Section 54956.9(a) (Crisan v. Dolan, et
al., Young v. Anderson, et al., and Ruiz
v. Vieira, County of Butte, et al. [Butte
Superior Court Case No. 118349]), and a
public amployee appointment(s) pursuant
to Government Code Section 54957 (Interim
Public Health Director).
MOTION: A. APPOINT JIM BOTILL AS INTERIM
DIRECTOR OF PUBLIC HEALTH (POSITION
PREVIOUSLY TITLED HEALTH OFFICER) AT
A SALARY OF $5,200 PER MONTH
($62,400 ANNUALLY) EFFECTIVE
AUGUST 1, 1995 AND CONTINUING UNTIL
APPOINTMENT BY THE BOARD OF
SUPERVISORS OF A PERMANENT DIRECTOR
OF PUBLIC HEALTH;
B. DIRECT PREPARATION OF AN AGREEMENT
DEFINING THE TERMS AND CONDITIONS OF
THE INTERIM APPOINTMENT AND
AUTHORIZE THE CHAIR TO SIGN; AND
C. IT IS UNDERSTOOD WITH THIS MOTION
THAT DR. MAYAMA MOREHART WILL
CONTINUE AS ACTING HEALTH OFFICER
SINCE JIM BOTILL IS NOT A LICENSED
PHYSICIAN.
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
Page 223 July 25, 1995
Public Hearings and Timed It ms
95-213 Public hearing - Community Development Block Grant
Program:
A. Grant 93-STBG-687 Housing Rehabilitation Grant;
Grant 94-STHG-784 Housing Rehabilitation Grant; and
Housing Rehabilitation Revolving Loan Fund - action
requested - APPROVE GRANTEE PERFORMANCE REPORTS AND
AUTHORIZE THE CHAIR TO SIGN. (119)
MOTION: I MOVE TO APPROVE
AND AUTHORIZE THE
M S
VOTE : l Y 2 Y 3 Y 4 Y 5
GRANTEE PERFORMANCE REPORTS
CHAIR TO SIGN.
Y (Unanimously Carried)
B. 1996 Application to the State of California for a
Community Development Block Grant (CDBG) - action
requested - TO SOLICIT PUBLIC IDEAS AND COMMENT ON
POTENTIAL GRANT ACTIVITIES. (HEARING CLOSED/TO
CONTINUE TO RECEIVE PUBLIC INPUT FOR THE 1996
APPLICATION)
95-214 Public hearing - Conservation Element - consideration of
a request to amend the Conservation Element of the Butte
County General Plan (determined to be categorically
exempt from environmental review) to add mineral resource
policies in compliance with the Surface Mining and
Reclamation Aet of 1979 (SMARA). These mining policies
are in general compliance with standards that have been
applied by the County for all mining activities and
permits to mine. (586) (HEARING OPENED AND CONTINUED
OPEN TO TUESDAY, AUGUST 29, 1995 AT 10:00 A.M.)
95-215 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)
RECESS: 10:35 A.K.
RECONVENE: 10:59 A.M.
Page 224
July 25, 1995
July 25~ 1995
95-216 Public hearing - Butte County Board of Supervisors -
consideration of a proposal to rezone (determined to be
a general rule exemption from environmental review) all
properties within the unincorporated area of Butte County
that are currently zoned A2 Ltd., R-1 A&C, or RMH. This
proposal is in response to the elimination of these three
zones from the Butte County Zoning ordinance which was
adopted by the Board of Supervisors on January 24, 1995.
All property currently zoned A2 Ltd. shall be rezoned to
A-5, all property currently zoned R-1 A&C shall be
rezoned to SR, and all property currently zoned RMH shall
be rezoned to RT-1. The proposed zones will permit all
currently established uses to continue and does not
substantively change future uses of any property. The
properties affected are AP 042-050-068 (zoned A2 Ltd.),
AP 048-220-047 and -048 (zoned R-1 A&C), and various AP
numbers in the upper Paradise ridge area (zoned RMH).
Notice to all properties zoned RMH, this zone is being
eliminated because it has been determined to be illegal
in that it prohibits wood frame constructed homes,
permitting only mobile homes. The effect of the RT-1
zone will be to permit wood frames homes. All other uses
within the zone shall remain the same. (992)
MOTION: I MOVE TO ADOPT ENVIRONMENTAL FINDINGS: THE
PROJECT IS NOT SUBJECT TO ENVIRONMENTAL REVIEW
UNDER CEQA AS PER THE GENERAL RULE EXEMPTION;
ZONING ORDINANCE FINDINGS: FIND THAT THE
REZONE CONFORMS TO THE POLICIES, INCLUDING THE
TEXT AND MAP OF THE BUTTE COUNTY GENERAL PLAN,
IN THAT THE A-5 ZONE IS LISTED AS A ZONE
COMPATIBLE WITH THE ORCHARD AND FIELD CROP
DESIGNATION. THE SR ZONE IS LISTED AS A ZONE
COMPATIBLE WITH THE LOW DENSITY RESIDENTIAL
DESIGNATION, AND THE RT-1 ZONE IS LISTED AS A
ZONE COMPATIBLE WITH THE LOW DENSITY
RESIDENTIAL DESIGNATION; AND ACTION: SUBJECT
TO THE FINDINGS, MOVE TO RECOMMEND THAT THE
BOARD OF SUPERVISORS ADOPT ORDINANCE 3210
REZONING TO A-5, ALL PROPERTY CURRENTLY ZONED
A2 LTD. (AP NO. 042-050-068), REZONING TO SR,
ALL THAT PROPERTY CURRENTLY ZONED R-1 A&C (AP
048-220-047 AND -048), AND REZONING TO RT-1,
ALL PROPERTY CURRENTLY ZONED RMH (VARIOUS AP
NUMBERS).
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
Page 225
July 25, 1995
95-217
CLOSED SESSION: The Board recessed at 11:23 a.m. to
a closed session conference for
actual litigation pursuant to
Government Code Section 54956.9(a)
(Young v. Anderson, et al.),
potential litigation with legal
counsel pursuant to Government Code
Section 54956.9(b) (one potential
matter to be filed by the County),
and pursuant to Government Code
Section 54956.9(c) (one potential
matter to be discussed/Holly Avenue
Road alignment, extension and bridge
project).
RECONVENE: The Board reconvened at 12:25 p.m.
following a closed session conference for
actual litigation pursuant to Government
Code Section 54956.9(a) (Young v.
Anderson, et al.), potential litigation
with legal counsel pursuant to Government
Code Section 54956.9(b) (one potential
matter to be filed by the County), and
pursuant to Government Code Section
54956.9(c) (one potential matter to be
discussed/Holly Avenue Road alignment,
extension and bridge project). (NO
ANNOUNCEMENTS)
95-218
Communications received and referred. (COPIES OF ALL
COMMUNICATIONS ARE AVAILABLE IN THE CLERK OF THE BOARD
OFFICE.)
A. Doug Bentz, President, Butte County Farm Bureau -
reports that the Grazing Land Committee Report was
discussed at the meeting of the Bureau's Executive
Committee on June 30, 1995. The Farm Bureau is
supportive of an Ag. Element being incorporated
into the County's General Plan, but stresses the
need for it to be well thought out so it is not a
burden to agriculture or the County as a whole.
(REFER TO DIRECTOR-DEVELOPMENT SERVICES)
Page 226
July 25, 1995
~-
ADJOURNMENT: There being no further business before
the Board, the meeting was adjourned at
12:25 p.m. to reconvene on Tuesday,
August 15, 1995 at 9:00 a.m.
C
ED Mc U HL , Chair
Board of Su ervisors
ATTEST:
JOHN S. BLACKIAC Chief Administrative Officer
and lerk of th '.Board of Supervisors
By: ~
Page 227
July 25, 1995