HomeMy WebLinkAboutM081093Auqust 10. 1993
Call to order - Board of Supervisors room, County
Administration Building, 25 County Center Drive,
Oroville. Supervisors Meyer, Dolan, McLauqhlin, Thomas
and Chair Houx present. John S. Blacklock, Chief
Administrative Officer; Neil McCabe, Assistant County
Counsel; and Carol Roach, Assistant Clerk of the Board.
Pledge of alleqiance to the Flag of the United States of
America.
93-288 Items removed from the Consent Aqenda for Board
consideration and action. (NONE)
93-289
1. Correction of minutes - action requested -
CORRECT MINUTE ORDER 93-225 (JUNE 22, 1993) TO
INCLUDE BOARD ACTION ON ITEM 4.09 (BUTTE COUNTY
JAIL) "C" AS FOLLOWS: APPROVE CONTRACT AMENDMENT
NO. 3 WITH THE STATE BOARD OF CORRECTIONS.
2. Approval of minutes - action requested - APPROVE
MINUTES OF JULY 27, 1993.
3. Budget transfers - action requested - APPROVE
BUDGET TRANSFERS B-239 (FINAL) AND B-007
(DEVELOPMENT SERVICES).
4. County Library donation - in accordance with
Government Code Section 25355, a donation of $900
from Gridley Friends of the Library has been
received for the Butte County Library Trust Fund
for continuinq operations - action requested -
ACCEPT DONATION AND AUTHORIZE LETTER OF
APPRECIATION.
5. County Library donation - in accordance with
Government Code Section 25355, a donation of $100
from Mr. and Mrs. H. R. Davis, Paradise has been
received for the Butte County Library Trust Fund
for the purchase of books - action requested -
ACCEPT DONATION AND AUTHORIZE LETTER OF
APPRECZATION.
Page 278
Auqust 10, 1993
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Aucarust 10 , 1993
93-289 6. Board of Appeals for Disabled Access - action
requested - CHANGE MEMBERSHIP STATUS OF ROSA
BETTENCOURT-BRAY FROM HANDICAPPED MEMBER TO
ALTERNATE AND OF BEA STAVELEY FROM PUBLIC MEMBER TO
HANDICAPPED MEMBER, AND APPOINT ROCKY BURKS (PUBLIC
MEMBER) AND HOWARD RZPLEY (ALTERNATE MEMBER) TO
SERVE UNTIL JANUARY 18, 1995.
7. Butte County Economic Development Corporation,
Overall Econamic Development Program Committee, and
Industrial Development Authority - action
requested - APPOINT RUSSELL WITTMEIER AS THE
DISTRICT 5 REPRESENTATIVE TO SERVE UNTIL 12-31-96.
8. Small County Advisory Committee - action
requested - REAPPOZNT JIM BOTILL, PUBLIC HEALTH
DEPARTMENT, TO SERVE A TERM TO EXPIRE SEPTEMBER 30,
1994.
9. Resolution exchanging offer of right-of-way
dedication (Truckinq Lane and Plummer's Lane,
Plummer parcel map, book 89, page 50) - Dorothy
Plummer and Don Brown have received approval for a
boundary line modification on AP 48-01-28, 29, 30,
64 and 65 to modify the boundaries of four parcels
to make them more suitable for development - action
requested - ADOPT RESOLUTION 93-117 AND AUTHORIZE
THE CHAIR TO SIGN.
10. Final map - Heritage Estates Subdivision, Phase
Two - AP 69-60-01 throuqh 43 and 99, 69-61-01 and
02, 13 lots plus common area between Heritaqe Road,
Rachael Drive and Kelly Ridqe Road, Kelly Ridge
area - action requested - APPROVE FINAL MAP, ACCEPT
EASEMENTS AS GRANTED IN ITEMS 2 AND 3 OF OWNER' S
STATEMENT ON BEHALF OF THE PUBLIC, AND ACCEPT GRANT
IN FEE SIMPLE ONE FOOT NO ACCESS STRIP AS OFFERED
IN ITEM 1 OF THE OWNER'S STATEMENT.
11. Final map - L. S. Subdivision - the developer has
provided a cash deposit to quarantee construction
of improvements within a period of one year on AP
42-03-12, five lots located on the north corner of
Cussick Avenue and West Lassen Avenue, Chico area -
action requested - APPROVE FINAL MAP, ACCEPT
EASEMENTS AS GRANTED IN ITEM B OF THE OWNER~S
STATEMENT ON BEHALF OF THE PUBLZC, ACCEPT GRANT IN
FEE SIMPLE WEST LASSEN AVENUE AND CUSSICK AVENUE AS
OFFERED IN ITEM A OF THE OWNER'S STATEMENT, AND
AUTHORIZE THE CHAZR TO SIGN THE SUBDIVISION
AGREEMENT.
Paqe 279 August 10, 1993
~-. ....~
Auqust 10, 1993
93-289 12. Butte County Jail - amendment no. 4- agreement
with State Board of Corrections - the amendment is
requestinq $822,556 which represents the balance of
State Jail Bond Act funds amounting to $7,812,223
and identifies actual and estimated cost centers
for the funds - action requested - APPROVE BUDGET
TRANSFER B-006 FOR THE NECESSARY APPROPRIATION,
APPROVE AMENDMENT NO. 4 TO THE STATE BOARD OF
CORRECTIONS AGREEMENT AND AUTHORIZE THE CHAIR TO
SIGN.
13. Jail expansion project - escrow agreement for
security deposits in lfeu of retention - an
aqreement has been prepared with the jail housing
unit contractor, Allen L. Bender, Inc. setting
forth an alternate form of the 10 percent payment
withhold. The aqreement names Merrill Lynch Trust
Company of California as the escrow aqent - action
requested - APPROVE AGREEMENT AND AUTHORIZE THE
CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL
AND THE AUDITOR-CONTROLLER SUBJECT TO APPROVAL OF
COUNTY COUNSEL AND THE AUDITOR-CONTROLLER.
14. Jail expansion project - power line relocation
contract - a revised form of aqreement for
relocation of the PG&E power lines bisecting the
site of the jail expansion project has been
prepared. The amount of the aqreement remains
unchanged at $67,412 - action requested - APPROVE
THE ACTUAL COST CONTRACT WITH PG&E AND AUTHORIZE
THE CHAIR TO SIGN.
15. Jail expansion project - aqreement modifying and
relocatinq an easement - the agreement with PG&E
sets forth a new easement for relocating the D)-
Oroville 60 kv power lines to the perimeter of
County Center and abandons existing rights-of-way
and easements which are no lonqer necessary -
action requested - APPROVE AGREEMENT MODIFYING AND
RELOCATING AN EASEMENT WITH PG&E AND AUTHORIZE THE
CHAIR TO SIGN.
16. Conveyance of County property - Board authorization
is requested for the donation of County property
consistinq of two twin sonic light bars (asset nos.
17395 [complete] and 17398 [parts only]) from the
Sheriff-Coroner to the Plwnas Rural Fire Protection
District in Portola, CA. for use on its 1962 Crown
fire engine - action requested - AUTHORIZE TRANSFER
OF FIXED ASSET ITEMS.
Page 280
August 10, 1993
Auqust 10. 1993
93-289 17. Annual inventory of County property - Superior
Court - Board authorization is requested for the
removal from fixed asset control of a swivel,
upholstered chair (asset no. 00006385) purchased in
1972 wherein the wooden leqs have broken, and the
chair has been dismantled for parts by the
Buildings and Grounds Division - action requested -
AUTHORIZE REMOVAL FROM FIXED ASSET CONTROL.
18. Public Works Department - Board authorization is
requested pursuant to Government Code Section
29124(a) to purchase fixed assets recommended in
the 1993-94 proposed budqet (enqineerinq and
administration and equipment acquisition) from
funds restricted to road maintenance purposes -
action requested - AUTHORIZE PURCHASE OF FIXED
ASSET ITEMS.
19. Public Works Department - the Yards and Stores
microcomputer that is used for road maintenance and
vehicle maintenance activities has failed and Data
Processinq has determined that replacing the older
unit would be more cost effective than repair.
Board authorization is requested to purchase a
microcomputer, with peripherals and software in the
maximum amount of S3,000 (restricted road
funds) - action requested - APPROVE BUDGET TRANSFER
B-008 FOR THE NECESSARY APPROPRIATION AND PURCHASE
OF FIXED ASSETS.
20. Connerly & Associates - amendment no. 6- the
proposed amendment provides for continuation of
professional services for administration of Program
Income Funds resulting from Community Development
Block Grant activities. This amendment extends the
term of agreement to June 30, 1994 at a monthly fee
of $1,200 (program income) - action requested -
APPROVE CONTRACT AMENDMENT AND AUTHORIZE THE CHAIR
TO SIGN.
21. Adoption of a salary ordinance amendment - as part
of the preliminary budqet submission, the District
Attorney, Family Support Division anticipates
receipt of 100 percent State and Federal fundinq to
add 22 new positions - action requested - ADOPT
ORDINANCE 3082 AND AUTHORIZE THE CHAIR TO SIGN, AND
PURSUANT TO GOVERNMENT CODE SECTION 29124(B),
OBLIGATIONS F4R THE NEW PERMANENT EMPLOYEES ARE
DEEMED APPROPRIATED AND AUTHORIZATION TO IiIRE IS
GRANTED.
Page 281
Auqust 10, 1993
Auaust 10. 1993
93-289 22. Adoption of an ordinance repealing and re-enacting
Article II of Chapter 13 of the Butte County Code
reqarding Surface Mining and Reclamation - action
requested - ADOPT ORDINANCE 3083 AND AUTHORIZE THE
CHAIR TO SIGN.
23. Resolution in appreciation of Carl M. Wick upon his
retirement after 31 years with the University of
California Cooperative Extension, 28 of those years
in Butte County - action requested - ADOPT
RESOLUTION 93-118 AND AUTHORIZE THE CHAIR TO SIGN.
24. Resolution proclaiminq the week of September 20-24,
1993 as Rideshare Week in Butte County - action
requested - ADOPT RESOLUTION 93-119 AND AUTHORIZE
THE CHAIR TO SIGN.
25. County Clerk-Recorder - a resolution has been
prepared changinq the hours the Recorder's Office
is open to the qeneral public to 10:00 a.m. to
3:00 p.m. on regular business days - action
requested - ADOPT RESOLUTION 93-120 AND AUTHORIZE
THE CHAIR TO SIGN.
26. Adoption of an ordinance desiqnatinq alley west of
Warner Street in Chico Urban Area for one way
traffic - as part of the joint City-County road
reconstruction project on Warner Street, the two
north-south alleys on each side of Warner Street
are being improved. The alley in the City will be
designated one way from north to south, and the
alley in the County will be designated one way from
south to north - action requested - ADOPT ORDINANCE
3084 AND AUTHORIZE THE CHAIR TO SIGN.
27. SCT Software & Resource Management Corporation -
amendment no. 3- the proposed amendment provides
for continuation of services at the Data Processinq
Center for the period September 1, 1993 throuqh
Auqust 31, 1994 under the present terms of $693,677
(General Fund/Welfare/Trial Court Funding/Family
Conciliation) - action requested - APPROVE
AMENDMENT TO AGREEMENT AND AUTHORIZE THE CHAIR TO
SIGN.
28. California Forensic Medical Group, Inc. - an
agreement has been prepared to provide medical
services in the County Jail and Juvenile Hall. The
term of the agreement is three years commencing
September 1, 1993 at a first year cost of $616,733
(General Fund) for the Jail and $81,837 (General
Fund) for the Juvenile Hall - action requested -
APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN.
Page 282
Auqust 10, 1993
Auqust 10. 1993
93-289 29. Chico Community Hospital - the aqreement provides
emergency room services 24 hours a day, seven days
a week to provide histories and physical
examinations for patients admitted to the County's
Psychiatric Health Facility. The contract is for
the period July l, 1993 through December 31, 1993
in the maximum amount of $2,500 (realignment) -
action requested - APPROVE AGREEMENT AND AUTHORIZE
THE CHAIR TO SIGN.
30. Crestwood Hospitals, Inc. - the aqreement provides
residential care services to County mental health
clients as an alternative to State hospitalization
or a higher level of care. The contract maximum is
2,370 bed days in the maximum amount of $187,994
(realignment) commencing July 1, 1993 through
December 31, 1993 - action requested - APPROVE
AGREEMENT AND AUTHORI2E THE CHAIR TO SIGN SUBJECT
TO APPROVAL BY COUNTY COUNSEL AND THE AUDITOR-
CONTROLLER.
31. Crestwood Hospitals, Inc. - the aqreement provides
intensive services as a supplement to the services
provided in the residential care services contract.
The contract maximum is 2,370 bed days in the
maximum amount of $79,496 (realiqnment) commencinq
July 1, 1993 through December 31, 1993 - action
requested - APPROVE AGREEMENT AND AUTHORIZE THE
CHAIR TO SIGN SUBJECT TO APPROVAL BY COUNTY COUNSEL
AND THE AUDITOR-CONTROLLER.
32. Merced Manor - the aqreement provides residential
care services to County mental health clients as an
alternative to State hospitalization or a higher
level of care. The contract maximum ie 736 bed
days in the maximum amount of $58,306 (realignment)
commencing July 1, 1993 throuqh December 31, 1993 -
action requested - APPROVE AGREEMENT AND AUTHORIZE
THE CHAIR TO SIGN SUBJECT TO APPROVAL BY COUNTY
COUNSEL AND THE AUDITOR-CONTROLLER.
33. Work Traininq Center - the agreement provides a
socialization and recreation proqram for County
mental health clients. The contract maximum is
$70,780 (realignment) commencing July 1, 1993
through December 31, 1993 - action requested -
APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN
SUBJECT TO APPROVAL BY COUNTY COUNSEL AND THE
AUDITOR-CONTROLLER.
Paqe 283
Auqust 10, 1993
93-289
August 10. 1993
34. Work Training Center - the aqreement provides a
vocational rehabilitation program for County mental
health clients. The contract maximum is $24,477
(realignment) commencing July 1, 1993 throuqh
December 31, 1993 - action requested - APPROVE
AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT
TO APPROVAL BY COUNTY COUNSEL AND THE AUDITOR-
CONTROLLER.
35. Victor Residential Centers, Inc. - the aqreement
provides an intensive residential treatment settinq
for mentally ill adolescents who otherwise would
require more restrictive and costly care in a
hospital settinq. The contract maximum is $66,140
(realignment) commencing July 1, 1993 through
December 31, 1993 - action requested - APPROVE
AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT
TO APPROVAL BY COUNTY COUNSEL AND THE AUDITOR-
CONTROLLER.
36. Harry E. Holt and Mary S. Holt - proposed is a
second year lease and aqreement for the buildinq
located at 796 East Avenue, Chico for use as the
Youth Services' Chico Community Counselinq Center
commencinq July l, 1993 through June 30, 1994 in
the maximum amount of $21,000 (grant funds) -
action requested - APPROVE LEASE AND AGREEMENT AND
AUTHORIZE THE CHAZR TO SIGN.
37. 1993-94 Butte Anti-Drug Special Supervision
(B.A.S.S.) grant application - a resolution has
been prepared which is required for incorporation
in a qrant application to the Office of Criminal
Justice Planninq (OCJP) for the Butte Anti-Druq
Special Supervision Project in the amount of
$212,488 (no local match required) - action
requested - ADOPT RESOLUTION 93-121 AUTHORIZING THE
CHIEF PROBATION OFFICER TO EXECUTE THE GRANT
APPLICATION ON BEHALF OF THE COUNTY AND AUTHORIZE
THE CHAIR TO SIGN.
38. Lake Madrone Water District - submits to the Board
its Resolution No. 93-6-1 providinq the
authorization of the Clerk of the County of Butte
to conduct a landowners election on behalf of
Lake Madrone Water District - action requested -
APPROVE CONSOLIDATION OF LANDOWNERS ELECTION WITH
STATEWIDE ELECTION OF NOVEMBER 2, 1993.
39. Tentative General Plan hearinq date - action
requested - CHANGE TENTATIVE GENERAL PLAN HEARING
DATE FROM OCTOBER 12, 1993 TO SEPTEMBER 28, 1993.
Page 284
August 10, 1993
Auqust 10. 1993
93-289 MOTION: I MOVE TO APPROVE THE CONSENT AGENDA.
S M
1 Y 2 Y 3 Y 4 Y 5 Y(Unanimously Carried)
Rernilar Agenda
93-290 Appointments - commissions and committees.
a. Appointments to committee vacancies. (NONE)
93-291 Consideration of the establishment of the Butte Creek
Canyon Municipal Advisory Council (BCCMAC) - action
requested - ADOPT RESOLUTION ESTABLISHING THE BUTTE CREEK
CANYON MUNICIPAL ADVISORY COUNCIL (BCCMAC) AND AUTHORIZE
THE CHAIR TO SIGN. (50)
MOTION: I MOVE TO ADOPT RESOI~LJTION 93-122 WITH ITEM
NO. 5 AMENDED AS FOLIAWS: "EACH COUNCIL
MEMBER SHALL BE A REGISTERED VOTER OR
LANDOWNER WITHIN THE SUB-AREA HE OR SHE
REPRESENTS DURING HIS OR HER TERM OF OFFICE.
FAILURE TO DO SO DISQUALIFIES THE MEMBER AND
THE SEAT SHALL BE CONSIDERED VACANT." AND
AUTHORIZE THE CHAIR TO SIGN. FURTHER
CLARIFICATION IS THAT NO COUNTY STAFF WILL BE
USED IN SUPPORT OF THIS COUNCIL.
S M
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y(Unanimously Carried)
93-292 Update on Sacramento legislative and budqet activities.
(370) (REPORT BY THE CHIEF ADMINISTRATIVE OFFICER THAT
THERE IS SOME POSSIBILITY OF LANGUAGE BEING INTRODUCED BY
THE LEGISLATURE THAT WOULD ALLOW APPLICATION OF THE
TRANSZT OCCUPANCY TAX TO IiOUSEBOATS, AND AB 51 [COSTA].)
93-293 Bell Muir area - consideration of alternate approaches to
the area's drainage and traffic problems, and a request
that the County proceed with the General Plan Amendment
from Orchard and Field Craps to Aqricultural-Residential.
(406)
MOTION: I MOVE TO REAFFIRM THE TRANSITION OF TIiE AREA
TO AN AGRICULTURAL-RESIDENTIAL GENERAL PLAN
DESIGNATION AND ADVISE THE APPLICANTS TO
COMPLETE THE STEPS LAID OUT BY THE BOARD IN
1989.
l~ S
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y(Unanimously Carried)
RECESS: 9:55 A.M.
RECONVENE: 10:07 A.M.
Page 285 Auqust 10, 1993
guqust 10. 1993
93-294 Report to Board - bid opening for reconstruction of
Meridian Road, County contract no. 65133-93-1 - action
requested - AWARD BID.
Report to Board - bid openinq for reconstruction of
various Butte County roads, County contract no. LT-93-1 -
action requested - AWARD BID. (1592)
MOTION: I MOVE TO AWARD THE BID FOR COUNTY CONTRACT
NO. 65133-93-1 TO W. JAXON BAKER, CHICO IN THE
AMOUNT OF $488,295 AND FOR COUNTY CONTRACT NO.
LT-93-1 TO W. JAXON BAKER, CHICO IN THE AMOUNT
OF $174,250.
M S
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y(Unanimously Carried)
93-295 Gridley-Biggs Cemetery District - report to the Board
from the Assessment Review Committee - action requested -
ACCEPT FOR INFORMATION. (1675) (REPORT BY GREG EINHORN,
CHIEF DEPUTY COUNTY COUNSEL)
Public Hearinqs and Timed Items
93-296 Continued hearinq - Special District Augmentation Fund -
the Auditor-Controller submits his estimate of
$1,540,000 for the 1993-94 Special District
Augmentation Fund. (1850) (HEARING CLOSED/NO ACTION
TAI~N )
RECESS: 10:20 A.M.
RECONVENE: 10:33 A.M.
93-297 Public hearing - Andre and Winifred Williams -
consideration of a rezone (proposed negative declaration
regarding environmental impacts) from FR-40 (faothill
recreational - 40 acre parcels) to SR-1 (suburban
residential - one acre parcels), property located at the
east end of Merrill Road, approximately 3,400 feet east
of Pentz Maqalia Hiqhway, AP 050-260-021, Paradise
area. (2038)
MOTION: I MOVE TO FIND THAT (A) THE REQUIREMENTS OF
CEQA HAVE BEEN COMPLETED AND CONSIDERED IN
MAKING THIS DECISION AND ADOPT A NEGATIVE
DECLARATION REGARDING ENVIRONMENTAL IMPACTS;
(B) FIND THAT THE REZONE CONFORMS TO THE
POLICIES, INCLUDING THE TEXT AND MAP OF THE
BUTTE COUNTY GENERAL PLAN, BECAUSE THE
PROPOSED ZONE MEETS THE CONDITIONAL CRITERIA
Page 286
August 10, 1993
93-297 OF THE AGRICULTURAL RESIDENTIAL GENERAL PLAN
DESIGNATION AND THE ZONING FACTORS; (C) ADOPT
ORDINANCE 3085 REZONING TO SR-1 THAT PROPERTY
IDENTIFIED AS AP 050-260-021 (WILLIAMS); AND
(D) ADOPT A RESOLUTION 93-123 APPROVING A
CONDITIONAL ZONING AGREEMENT ON PROPERTY
IDENTIFIED AS AP 050-260-021 (WILLIAMS)
SUBJECT TO THE FOLI,OWING CONDITION: 1. THE
DIVISION OF T~iE PROPERTY SHALL BE LIMITED TO
NO MORE THAN THREE PARCELS AS SHOWN ON EXHIBIT
A, ALLOWING FOR MINOR MODIFICATIONS TO THE MAP
IN CASE OF LEACHFIELD NEEDS.
S M
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y(Unanimously Carried)
93-298 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)
93-299 CLOSED HEARING: The Board recessed at 10:42 a.m. to
a closed session for potential
litiqation pursuant to Government
Code Section 54956.9(c) (Durham
Cemetery).
RECONVENE: The Board reconvened at 10:55 a.m.
followinq a closed session for potential
litiqation pursuant to Government Code
Section 54956.9(c) (Durham Cemetery}.
(NO ANNOUNCEMENTS) (SUPERVISORS MEYER
AND MC LAUGHLIN NOT PRESENTj
93-300 NorthStar Enqineering on behalf of Tom Lando -
consideration of an appeal of the Development Review
Committee's condition no. 18 (Provide circulation in
accordance with Butte County Code, Chapter 20, if more
than 20 lots are served by Hollow Oak Drive.) on a
tentative parcel map (proposed neqative declaration with
environmental mitiqations), AP 56-08-112, two parcels,
property located on the west side of Hollow Oak Drive,
approximately 2,200 feet northwesterly from its
intersection with Cohasset Highway, Cohasset area.
(2413) (**00)
(SUPERVISOR MEYER PRESENT)
Page 287
Auqust 10, 1993
(CHAIR HOUX NOT PRESENT)
RECESS: 11:17 A.M.
RECONVENE: 11:20 A.M.
93-300 NorthStar Enqineerinq on behalf of Tom Lando -
consideration of an appeal of the Development Review
Committee's condition no. 18 (Provide circulation in
accordance with Butte County Code, Chapter 20, if more
than 20 lots are served by Hollow oak Drive.) on a
tentative parcel map (proposed negative declaration with
environmental mitigations), AP 56-08-112, two parcels,
property located on the west side of Hollow oak Drive,
approximately 2,200 feet northwesterly from its
intersection with Cohasset Hiqhway, Cohasset area.
(2413) (**00)
MOTION: I MOVE TO DENY THE APPEAL, FINDING THAT THE
CIRCULATION REQUIREMENTS SPECIFIED IN CHAPTER
20-133 OF THE BUTTE COUNTY CODE ARE NECESSARY
TO PROMOTE ORDERLY DEVELOPI~NT AND TO PROVIDE
FOR PUBLIC HEALTH, SAFETY AND WELFARE OF THE
COUNTY.
S M
VOTE: 1 Y 2 Y 3 Y 4 NP 5 Y(Unanimously Carried)
RECESS: 11:32 A.M.
RECONVENE: 11:34 A.M. (SUPERVISOR MC LAUGHLIN
PRESENT)
93-301 Public hearinq - in accordance with Section 1442.5 of the
California Health and Safety Code (Beilenson provisions),
a public hearinq must be held prior to closinq a county
facility, eliminatinq or reducinq the level of inedical
services provided. The 1993-94 preliminary budget
includes the elimination of several positions within the
Department of Public Health - action requested:
(1) THE NOTICE PROVISIONS OF HEALTH AND SAFETY CODE
SECTION 1442.5 HAVE BEEN FULFILLED AND THE HEARING
HAS BEEN DULY HELD AND EVIDENCE AND TESTIMONY
RECEIVED;
Page 288
Auqust 10, 1993
Auqust 10, 1993
93-301 (2) NOTWITHSTANDING THE ELIMINATION OR REDUCTION IN TFiE
LEVEL OF SERVICES AS OUTLINED IN THE NOTICE OF
PUBLIC HEARING AND IN THE DEPARTMENT OF PUBLIC
HEALTH BACKGROUND INFORMATION FOR AUGUST 10, 1993
PUBLIC HEARING AND OTHER EVIDENCE AND TESTIMONY
SUBMITTED AT THIS HEARING, THE COUNTY OF BUTTE
NONETHELESS SATISFIES AND WILL SATISFY THE
REQUIREMENT TO PROVIDE CARE TO ALL INDIGENT PEOPLE,
EITHER DIRECTLY THROUGH COUNTY FACILITIES OR
INDIRECTLY THROUGH ALTERNATIVE MEANS; AND
(3) THE PUBLIC HEALTH DEPARTMENT IS DESIGNATED AS THE
AGENCY TO PROVIDE 24 HOUR INFORMATION SERVICES
WHICH CAN GIVE ELIGIBLE PEOPLE IMrIEDIATE
INFORMATION AS TO THE AVAILABLE MEDICAL SERVICES
AND ACCESS TO THEM AND TO RESPOND TO COMPLAINTS
FR~M PEOPLE ELIGIBLE FOR SUCH SERVICES. (535)
(PUBLIC HEARING CLOSED)
MOTION: I MOVE TO FIND THAT THE NOTICE PROVISIONS OF
HEALTH AND SAFETY CODE SECTION 1442.5 HAVE
BEEN FULFILLED AND THE HEARING HAS BEEN DULY
HELD AND EVIDENCE AND TESTIMONY RECEIVED.
S M
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y(Unanimously Carried)
(2) NOTWITHSTANDING THE ELIMINATION OR REDUCTION IN THE
LEVEL OF SERVICES AS OUTLINED IN THE NOTICE OF
PUBLIC HEARING AND IN THE DEPARTMENT OF PUBLIC
HEALTH BACKGROUND INFORMATION FOR AUGUST 10, 1993
PUBLIC HEARING AND OTHER EVIDENCE AND TESTIMONY
SUBMITTED AT THIS HEARING, THE COUNTY OF BUTTE
NONETHELESS SATISFIES AND WILL SATISF'Y THE
REQUIREMENT TO PROVIDE CARE TO ALL INDIGENT PEOPLE,
EITHER DIRECTLY THROUGH COUNTY FACILITIES OR
INDZRECTLY THROUGH ALTERNATIVE MEANS. (THE CLOSED
HEARING ON THIS ITEM CONTINUED TO AUGUST 17, 1993
AT 9:00 A.M.)
MOTION: I MOVE THAT THE PUBLIC HEALTH DEPARTMENT IS
DESIGNATED AS THE AGENCY TO PROVIDE 24 HOUR
INFORMATION SERVICES WHICH CAN GIVE ELIGIBLE
PEOPLE IIrII~IEDIATE INFORMATION AS TO THE
AVAILABLE MEDICAL SERVICES AND ACCESS TO THEM
AND TO RESPOND TO COMPLAINTS FROM PEOPLE
ELIGIBLE FOR SUCH SERVICES.
M S
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y(Unanimously Carried)
Page 289
Auqust 10, 1993
August 10. 1993
93-302 Public Comment. (PRESENTATIONS WILL BE LIMITED TO FIVE
MINUTES. THE BOARD OF SUPERVISORS IS PROHIBITED BY STATE
LAW FROM TAKING ACTION ON ANY ITEl~ PRESENTED IF IT IS NOT
LISTED ON THE AGENDA.) (***00)
l. Gerda Lydon, President, League of Women Voters of
Butte County - presented to the Board, on behalf of
the Leaque, a letter in response to the County~s
General Plan Issues and Options Report.
2. Jean Crist, Maqalia, President, Protect our
Watershed - requests that the Board place on its
agenda of Auqust 24, 1993 their request for a
temporary moratorium on three acre
exemption/conversions until the September 7th
meetinq of the Board of Forestry when wording will
be finalized on restricting this exemption. (Item
8.01[c])
3. Michael Galli, Cohasset - spoke in support of
Protect Our Watershed's position against timber
harvestinq on three acre exemptions/conversions.
4. Byron Libby, Cohasset - support in support of
Protect our Watershed's position aqainst timber
harvestinq on three acre exemptions/conversions.
93-303 Communications
Communications received and referred. (COPIES OF ALL
COMMUNICATIONS ARE AVAILABLE IN THE CLERK OF THE BOARD
OFFICE.)
a. Marc Nemanic, Executive Director, Tri-County
Economic Development Corporation (EDC) - writes in
follow-up to his March 3, 1993 letter requestinq a
local cash match in the amount of $2,100 for the
Tri-County EDC annual Economic Development
Administration Planninq Grant. The grant award has
been received and they are now in the processing of
collectinq the required local match. (REFER TO
CHIEF ADMINISTRATIVE OFFICER)
Page 290
Auqust 10, 1993
~ .-1
93-303 b. Robert G. Boehm, Chico City Attorney - writes that
he discussed the potential litiqation of County of
Butte v. State of California in regard to the
"State property tax qrab" with the Chico City
Council at their closed session meeting on July
20, 1993. The Council seemed to be supportive of
the Board's position in reqard to this matter, but
did not believe it would serve the interest of the
City of Chico or its citizens to join in this
litiqation at this time. (REFER TO CHIEF
ADMINISTRATIVE OFFICER AND COUNTY COUNSEL)
c. Jean Crist, Magalia - submits an aqenda request
item to the Board for a temporary moratorium on
three acre exemption/conversions until the
September 7th meetinq of the Board of Forestry when
wording will be finalized on restricting this
exemption. (REFER TO CHIEF ADMINISTRATIVE OFFICER,
COUNTY COUNSEL, DEVELOPMENT SERVICES, DISTRICT
ATTORNEY)
d. Ralph Santiago Abascal, General Counsel and William
G. Hoerger, Regional Counsel, CaliEornia Rural
Legal Assistance (CRLA), San Francisco - forwards
the CRLA drafted proposed amendments to AB 97
(CORTESE), which is intended to regulate transfers
of not only federal CVP water, but also transfers
of water provided throuqh the State Water Project,
and private water as well. (REFER TO CHIEF
ADMINISTRATIVE OFFICER, COUNTY COUNSEL, AND BUTTE
COUNTY WATER COMMISSION)
e. John D. Jacobs, Attorney, U.S. Federal Trade
Commission, Los Angeles Reqional Office - files a
request for information (file no. 911-0016) - the
nature of the inquiry concerns the involvement of
various labor qroups in the Bay Area and Northern
California in the permitting process of typically
major industrial construction projects, such as
power plants and oil refineries. (REFER TO COUNTY
COUNSEL)
f. Jody E. Lonergan, Deputy District Director,
Planninq & Public Transportation, State Department
of Transportation (Caltrans) - forwards a copy of
the latest discussion draft of the California
Transportation Plan. Their objective is to receive
maximum public comment on the discussion draft, for
incorporation into the final draft document. All
comments must be received by Caltrans no later than
Auqust 13, 1993. (REFER TO DIRECTOR-PUBLIC WORKS,
DEVELOPMENT SERVICES, BUTTE COUNTY ASSOCIATION OF
GOVERNMENTS [BCAG])
Paqe 291
Auqust 10, 1993
Auqust 10. 1993
93-303 q. Dorothy Rice, Deputy Director, Governmental and
Regulatory Affairs Division, California lntegrated
Waste Management Board - responds to the County~s
request for the California lntegrated Waste
Manaqement Board to participate in Butte County
land use or other planninq efforts affecting the
county, and encloses for review its 1992 Annual
Report. (REFER TO COUNTY COUNSEL, DIRECTOR-PUBLIC
WORKS)
93-304 CLOSED SESSION: The Board recessed for lunch at
12:55 p.m. to reconvene at 2:00 p.m.
for a closed session for the purpose
of actual litigation pursuant to
Government Code Section 54956.9(a)
(County of Butte v. Gray Davis,
Controller, State of California, et
al.), meet and confer and a
personnel matter.
RECONVENE: The Board reconvened at 3:18 p.m.
following a closed session for the
purpose of actual litigation pursuant to
Government Code Section 54956.9(a)
(County of Butte v. Gray Davis,
Controller, State of California, et al.),
meet and confer and a personnel matter.
(NO ANNOUNCEMENTS)
ADJOURNMENT: There beinq no further business before
the Board, the meet ing was ad j ourned at
3:18 p.m. to reconvene on Tuesday,
August 17, 1993 at 9:00 a.m.
, ~
,
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~.~ . , ~ ~L~~
t ~:~- ~
Y ANNE HOUX, Chair
Butte County Board of Supervisors
ATTEST:
JOI~N S. BLACKLOCI~ Chief Administrative Officer
and C erk of t~ Board of Supervisors
, '
gy : ~ ~ a.~ ~
Paqe 292
August 10, 1993