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BOARD OF SUPERVISORS
ED McLAUGHLIN, dth District, Chair
VIVIAN MEYER, 1st District
JANE DOLAN, 2nd District
MARY ANNE HOUR, 3rd District
GORDON THOMAS, 5th District
August 15. 1995
Call to order -Board of Supervisors room, County Administration Building,
25 County Center Drive, Oroville. Present: Supervisors V. Meyer, Dolan, Houx,
Thomas and Chair McLaughlin. John S. Blacklock, Chief Administrative Officer;
Susan Minasian, County Counsel; and Carol Roach, Assistant Clerk of the Board.
Pledge of allegiance to the Flag of the United States of America.
Invocation -Pastor )ohn Cosby, Bethel Assembly of God, Oroville. (PASTOR
COSBY NOT PRESENT)
95-219 Items removed from the Consent Agenda for Board consideration and action.
Introduction of a salary ordinance amendment adding one temporary allocated
position of Grounds Maintenance Worker due to a long-term medical
(workers' compensation) leave of absence. The Personnel Rules limit the
number of hours an extra help employee can work to a maximum of 960
hours. The request is to allocate one temporary position until such time as the
status of the employee's workers' compensation claim is settled. At that time,
the Personnel Department will request the Board eliminate the temporary
allocated position -action requested -WAIVE READING OF THE
ORDINANCE.
2. Resolution approving the microfilming or destruction of certain Personnel
Department records, documents, and papers pursuant to Sections 26201,
26202, and 26202.6 of the Govemment Code -action requested -ADOPT
RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN.
Page 228
August 1 S, 1995
August 1 S, 1995
95-219 3. Republic Gold, Inc. -proposed is a memorandum of understanding under
which Republic Gold will implement an "Interim Clean Up and Abatement
Work Plan" (Plan} for Carr Mine. The present owners of the mine have been
found in violation of their pernut with regard to site reclamation and the mine
is not in operation. Republic Gold has agreed to perform interim site
stabilization in accordance with the Plan, in order to evaluate the viability of
reopening the mine for commercial operation -action requested -APPROVE
RELEASE FROM THE $25,000 RECLAMATION DEPOSIT OF A
I~I,AXR~IUM OF 55,000 FOR MONITORING SERVICES AND A
MA~GMUM OF $10,000 ON A MATCHING BASIS FOR INTERIM SITE
STABILIZATION, AND BUDGET TRANSFER B-006 ($15,000 OF
UNANTICIPATED REVENUE FROM THE $25,000 RECLAMATION
DEPOSIT, FAITHFUL PERFORMANCE TRUST FUND 1001 TO
DEVELOPMENT SERVICES-PLANNING DIVISION BUDGET).
consent Ag nda
95-220 1. Approval of minutes -action requested -APPROVE MINUTES OF
JiJLY 25, 1995.
2. Budget transfers - action requested -APPROVE BUDGET TRANSFERS
B-311 (1994-95 FINAL), AND B-005 (MENTAL HEALTIT).
3. Renaming of private road in the Oroville area from Pavlik Place (Eden
Canyon Road to end) to Pavlik Pines Road -action requested -ADOPT
RESOLUTION 95-104 SETTING A PUBLIC HEARING FOR
TUESDAY, SEPTEMBER 12, 1995 AT 10:30 AM.
4. County Library donations - in accordance with Government Code Section
25355, donations of $1,490 from Chico Friends of the Library, and $650 from
Oroville Friends of the Library have been received for the Butte County Trust
Fund for the purchase of books -action requested -ACCEPT DONATIONS
AND AUTHORIZE LETTERS OF APPRECIATION.
5. Public Health Department -the SmithKline Beecham Company has donated
$500 to the County, and requests that the funds be utilized to enhance public
education efforts for the Hepatitis A Project. The funds will be used to
purchase educational materials that will be distributed through various
public health programs -action requested -ACCEPT DONATION,
APPROVE BUDGET TRANSFER B-004, AND AUTHORIZE LETTER OF
APPRECIATION.
Page 229
August 15, 1995
August 1 S. 1995
95-220 6. Fire Department -Volunteer Company 34 (Magalia) would like to donate to
the Fire Department a 210 channel King portable VHF radio, valued at 5500
(model EPH 5991 A, serial no. 015656) -action requested -ACCEPT
DONATION AND AUTHORIZE LETTER OF APPRECIATION.
7. District 2 reappointments -action requested -REAPPOINT LUCILLE
BOCKS (COUNTY COMMISSION ON AGING) AND BARBARA
VLAMIS (SURFACE MINING AGGREGATE OPERATIONS
COMMITTEE) TO TERMS TO EXPIRE DECEMBER 31, 1998.
8. Alcohol and Drug Advisory Council -action requested -REAPPOINT
WII.LIAM DAGUE, GLORIA HALLEY, JO ANN WENZEL, DEBORAH
WIGELY AND JEFF ZELSDORF TO TERMS TO EXPIRE JULY, 1998.
9. Assessment Appeals Board -action requested -REAPPOINT GII.BERT F.
JONES TO A TERM TO EXPIRE SEPTEMBER 7, 1998.
10. Biggs Memorial Hall Committee -action requested -REAPPOINT
ANTONIO AIRISA, NORRIS ANDERSON, ERNEST HOHMAN, JR.,
KENNETH JENNINGS AND FRANK MATHAUSER (DELEGATES),
AND APPOINT RAY VALVERDE (ALTERNATE) TO TERMS TO
EXPIRE JUNE 30, 1996.
11. Chico Memorial Hall Committee -action requested -REAPPOINT CHUCK
WTITEN, RAYMOND LOPEZ, JEFFERY JEFFRIES, MARCUS MORINE,
V. H. "VARY" VARTABEDIAN, ARNOLD GRIFFIN, GRACIE A
O'NEII,, GEORGE McDONALD, LES ECHELBERGER, AND ART
JOHNSON TO TERMS TO EXPIRE JUNE 30, 1996.
12. Gridley Memorial Hall Committee -action requested -REAPPOINT TIM
TOKUNO, WILLIAM FARR, RAY L. ROBERTS, EUGENE STRAW AND
MYRON FOUNTAIN (DELEGATES) TO TERMS TO EXPIRE JUNE 30,
1996.
13. Law Library Trustces -action requested -REAPPOINT RAOUL LeCLERC
(BUTTE COUNTY BAR ASSOCIATION REPRESENTATIVE) AND
GARY KNIPPEN (STAFF RESEARCH ATTORNEY) TO TERMS TO
EXPIRE JANUARY, 1996.
Page 230
August 15, 1995
Auger 15, 1995
95-220 14. Oroville Memorial Hall Committee -action requested -REAPPOINT CARL
YOUNG, CHARLES ROBERTSON, DALE DEMO (DELEGATES),
ROLAND STRANG AND LLOYD BLACKWELL (ALTERNATES), AND
APPOINT FRANK KAY (ALTERNATE) TO TERMS TO EXPIRE
JUNE 30, 1996.
15. Paradise Memorial Hall Committee -action requested -REAPPOINT
ALBERT G. PLUMB, HARRY HUDSON, ROBERT ANDERSON AND
ROBERT EASLEY (DELEGATES), IDWARD WHITE AND JIM HAYES
(ALTERNATES), AND APPOINT HARRY FORD (DELEGATE), DON
DOYLE, NIGEL PARItHiJRST, AND ED McGREEHAN
(ALTERNATES) TO TERMS TO EXPIRE JUNE 30, 1996.
16. Private Industry Council -action requested -REAPPOINT JERRY ACCRED
(EDUCATION), ROBERT GUSTAFSON (PARADISE BUSINESS
REPRESENTATIVE), AND PAUL WATTERS (LABOR
ORGANIZATION) TO TERMS TO EXPIRE JUNE 14, 1998.
17. Solid Waste Independent Hearing Panel -action requested -REAPPOINT
PRISCII.LA HANFORD (PUBLIC AT LARGE), JIM DeWEESE (SOLID
WASTE EXPERT), RICHARD GROSS (PUBLIC AT LARGE/SOLID
WASTE EXPERT ALTERNATE), SUPERVISOR ED McLAUGHLIN
(LOCAL GOVERNING BOARD), AND SUPERVISOR JANE DOLAN
(LOCAL GOVERNING BOARD ALTERNATE) TO TERMS TO EXPIRE
DECEMBER 1, 1996.
18. County Service Area No. 161 (Mulberry Street Lighting) -the Local Agency
Formation Commission (LAFCo) has submitted for Board approval a
resolution to correct Resolution No. 95-31 (adopted February 14, 1995) for
formation of CSA No. 161 (Mulberry Street lighting) to exclude four parcels
(AP 005-473-020, -021, 005-490-024 and -025) which were annexed to the
City of Chico prior to the effective date of the CSA -action requested -
ADOPT RESOLUTION 95-31-A AND AUTHORIZE THE CHAIR TO
SIGN.
Page 231
August 15, 1995
August 15. 1995
95-220 19. Final map -Marigold Estates Subdivision, Phase 1 -the developer has
provided a Performance Bond and Labor and Materials Bond to guarantee
construction of improvements within a period of one year on AP 048-062-
048, 321ots, property located on the west side of Marigold Avenue, 1300 feet
north of East Avenue, Chico area -APPROVE FINAL MAP; ACCEPT
EASEMENTS AS GRANTED IN ITEMS 3 AND 4 OF THE OWNER' S
STATEMENT ON BEHALF OF THE PUBLIC; ACCEPT GRANT IN FEE
SIMPLE MARIGOLD AVENUE, ARCH WAY, PASSIFLORA COURT
AND ESCALLONIA WAY, AND THE ONE FOOT NO ACCESS STRIPS
AS OFFERED IN ITEMS 1 AND 2 OF THE OWNER'S STATEMENT;
AND AUTHORIZE THE CHAIR TO SIGN SUBDIVISION
AGREEMENT.
20. Neal Road Landfill -Board authorization is requested to proceed with the
appraisal of the approximately 65.5 acre site west of the landfill needed for
additional groundwater monitoring well sites as well as to serve as a buffer
zone for the landfill -action requested -APPROVE LETTER PROPOSAL
FROM SCOTT S. HAMM, MAI AND AUTHORIZE THE DIRECTOR-
PUBLIC WORKS TO DIRECT SCOTT S. HAMM TO PROCEED WITH
THE APPRAISAL AT A COST NOT TO EXCEED 54,800 WITHOUT
PRIOR WRITTEN APPROVAL FROM THE PUBLIC WORKS
DEPARTMENT.
21. Lake Oroville Area Public Utility District -proposed is a property tax
exchange agreement for the Harold J. And Doris F. Miller annexation
(LAFCo 95-26) -action requested -APPROVE AGREEMENT AND
AUTHORIZE THE CHAIR TO SIGN.
22. Lake Oroville Area Public Utility District -proposed is a property tax
exchange agreement for the Richard and Donna Butler annexation (I,AFCo
95-31) -action requested -APPROVE AGREEMENT AND AUTHORIZE
THE CHAIR TO SIGN.
23. Investments Information Report -the Treasurer-Tax Collector submits the
July 31, 1995 report in accordance with the County's Statement of Investment
Policy dated June 1, 1995 - action requested - ACCEPT FOR
INFORMATION.
24. Adoption of tax rates -State law requires the Board to adopt various ad
valorem tax rates not lacer than September I of each year -action requested -
ADOPT RESOLUTION 95-105 FI3GNG TAX RATES IN THE COUNTY
OF BUTTE FOR FISCAL YEAR 1995-96 AND AUTHORIZE THE CHAIR
TO SIGN.
Page 232
August 15, 1995
August 15. 1995
95-220 25. County service area service charges - in order to levy service charges in the
various County service areas, it is necessary to accomplish several prerequisite
steps -action requested -DIRECT THAT A REPORT OF SERVICE
CHARGES BE PREPARED IN ACCORDANCE WITH GOVERNMENT
CODE SECTION 25210.77a AND THAT SAID REPORT BE FILED WITH
THE CLERK OF THE BOARD OF SUPERVISORS; THAT A PUBLIC
HEARING BE SET FOR SEPTEMBER 12, 1995 AT 10:45 A.M.; AND
DIRECT NOTICE OF PUBLIC HEARING IN ACCORDANCE WITH
GOVERNMENT CODE SECTION 6066.
26. Butte County Office of Education (BCOE) - BCOE is requesting Board
authorization (pursuant to Government Code Section 53853) to issue a
1995-96 Tax and Revenue Anticipation Note (TRAM) to allow the various
participating school districts to meet cash flow needs at low revenue points.
This is a direct obligation of the BCOE, and the County has no fiscal
requirement toward repayment -action requested -ADOPT RESOLUTION
95-106 AUTHORIZING ISSUANCE OF 1995-96 TRAN BY BUTTE
COUNTY OFFICE OF IDUCATION AND AUTHORIZE THE CHAIR TO
SIGN.
27. Adoption 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 100%
StatelFederal -action requested -ADOPT ORDINANCE 3211 AND
AUTHORIZE THE CHAIR TO SIGN, AND AUTHORIZE IlvII~~DIATE
HIRE. (FROM 7-25-95)
28. Resolution in recognition of Rose Marie Stine upon retirement from the Butte
County Library with 35 years of dedicated service -action requested -
ADOPT RESOLUTION 95-107 AND AUTHORIZE THE CHAIR TO
SIGN.
29. Resolution in recognition of C. Phillip Kelly, Jr. upon retirement from the
Paradise Irrigation District -action requested -ADOPT RESOLUTION 95-
108 AND AUTHORIZE THE CHAIR TO SIGN.
30. Approval of project plans and specifications for construction of Aguas Frias
Road Bridge across Richvale West Drain -Federal Bridge Replacement
Project No. BRLS-5912(010), County contract no. 23201-90-1 -plans and
specifications have been completed for the project -action requested -
APPROVE PLANS AND SPECIFICATIONS; AUTHORIZE CHAIR AND
DIRECTOR-PUBLIC WORKS TO SIGN PLANS; ADOPT WAGE SCALE;
AND AUTHORIZE PUBLIC WORKS TO ADVERTISE FOR BIDS.
Page 233
August 15, 1995
Augpst 15. 1995
95-220 31. Approval of project plans and specifications for installing roadway
illumination on various Butte County roads -Hazard Elimination Project
STPLH-5912(013), County contract no. SP-93-1 -plans and specifications
have been completed for the project -action requested -APPROVE PLANS
AND SPECIFICATIONS; ADOPT WAGE SCALE; AND AUTHORIZE
PUBLIC WORKS TO ADVERTISE FOR BIDS.
32. Approval of project plans and specifications for reconstruction and pavement
overlay of Hamilton Nord Cana Highway, County contract no. 57102-95-1 -
plans and specifications have been completed for the project -action
requested -APPROVE PLANS AND SPECIFICATIONS; ADOPT WAGE
SCALE; AND AUTHORIZE PUBLIC WORKS TO ADVERTISE FOR
BIDS.
33. SCT Software and Resource Management Corporation -amendment no. 6 -
the amendment provides for continuance of services at the Data Processing
Center for the period September 1, 1995 through August 31, 1996 under the
present terms of $693,677 -action requested -APPROVE AMENDMENT
TO AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN.
34. Assignment of Counsel -County Counsel proposes the assignment of
Schmeltz v. Prater to the law firm of Price, Brown, Halsey & Gunn -action
requested -APPROVE ASSIGNMENT OF COUNSEL.
35. Rio Lindo Investors -proposed is a lease agreement for the Youth Services
Unit of Alcohol, Drug and Mental Health services facility at 492 Rio Lindo
Avenue, Chico. The term of the agreement is July 1, 1995 through June 30,
1996 in the maximum amount of $30,900 (Federal) -action requested -
APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN.
36. Chico Professional Offices -proposed is a lease agreement for the Alcohol,
Drug and Mental Health Services, Adult Services facility at 578 Rio Lindo
Avenue, Suite E, Chico. The term of the agreement is July 1, 1995 through
June 30, 1996 in the maximum amount of $18,823.92 (Federal) -action
requested -APPROVE AGREEMENT AND AUTHORIZE THE CHAIR
TO SIGN SUBJECT TO APPROVAL OF AUDITOR-CONTROLLER AND
COUNTY COUNSEL.
Page 234
August 15, 1995
August 1 S, 1995
95-220 37. Crestwood Hospitals, Inc. (PATCH) -proposed is an agreement for the
provision of intensive services (5,110 bed days among the five Crestwood
Hospital, Inc. facilities) as a supplement to the services provided mental health
clients in the Residential Care Services contract. The term of the agreement
is July 1, 1995 through June 30, 1996 in the maximum amount of S136,510
(Realignment) -action requested -APPROVE AGREEMENT AND
AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF
AUDITOR-CONTROLLER AND COUNTY COUNSEL.
38. Crestwood Hospitals, Inc. (DAILY) -proposed is an agreement for the
provision of residential care services (4,380 bed days among the five
Crestwood Hospital, Inc. facilities) to County mental health clients as an
alternative to State hospitalization or a higher level of care. The term of the
agreement is July 1, 1995 through June 30, 1996 in the maximum amount of
$377,523.15(Realignment) -action requested -APPROVE AGREEMENT
AND AUTHORIZE 'THE CHAIR TO SIGN SUBJECT TO APPROVAL OF
AUDITOR-CONTROLLER AND COUNTY COUNSEL.
39. Harbor Hills -proposed is an agreement for the provision of residential care
services (730 bed days) to County mental health clients as an alternative to
State hospitalization or a higher level of care. The term of the ageement is
July 1, 1995 through June 30, 1996 in the maximum amount of 563,218
(Realignment) -action requested -APPROVE AGREEMENT AND
AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF
AUDITOR-CONTROLLER AND COUNTY COUNSEL.
40. Michael Hitchko, PhD. -proposed is an agreement for the provision of
psychological services to County mental health clients including, but not
limited to assessing, diagnosing and offering treatment for clients as well as
participating in the maintenance of records and charts and the compilation and
preparation of reports. The term of the ageement is July 1, 1995 through
June 30, 1996 in the maximum amount of 538,902 (Realignment) -action
requested -APPROVE AGREEMENT AND AUTHORIZE THE CHAIR
TO SIGN.
41. Merced Manor -proposed is an agreement for the provision of residential care
services (730 bed days) to County mental health clients as an alternative to
State hospitalization or a higher level of care. The term of the agreement is
July 1, 1995 through June 30, 1996 in the maximum amount of 563,218
(Realignment) -action requested -APPROVE AGREEMENT AND
AUTHORIZE THE CHAIR TO SIGN.
Page 235
August 15, 1995
August 15. 1995
95-220 42. Oroville Hospital -proposed is an agreement for the provision of emergency
room services 24 hows a day, seven days a week to provide histories and
physical examinations for mental health patients admitted to the County
Psychiatric Health Facility, and ambulance transportation service from
Oroville Hospital to the County Psychiatric Inpatient Unit for clients
determined to be in need of such level of service. The term of the agreement
is July 1, 1995 through June 30, 1996 in the maximum amount of 517,000
(Realignment) -action requested -APPROVE AGREEMENT AND
AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF
AUDITOR-CONTROLLER AND COUNTY COUNSEL.
43. PSP Information Group, Inc. -proposed is an agreement for the continued
provision of software maintenance, support and enhancement to the current
County Alcohol, Drug and Mental Health Services computer system. The
team of the agreerneirt is July 1, 1995 through June 30, 1996 in the maximum
amount of 544,347 (Realignment) - action requested - APPROVE
AGR.EEMIIVT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO
APPROVAL OF AUDITOR-CONTROLLER AND COUNTY COUNSEL.
44. 1995-96 Master Grant Agreement -proposed is an agreement which provides
5128,305 in State funds for AIDS related education, counseling and testing
activities during the 1995-96 fiscal year -action requested -APPROVE
AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN, AND
AUTHORIZE THE DIRECTOR-PUBLIC HEALTH TO SIGN THE
MEMORANDA OF UNDERSTANDING FOR SELECTED AIDS
PROGRAMS.
45. 1994-95 Women, Infants and Children (WIC) agreement (94-19665) -
proposed is amendment Al to the agreement for the provision of
supplemental nutritious food and nutrition education to mothers, infants and
young children. Under the terms of the amendment, the State will provide an
additional S33,051 in funds to cover the cost of increasing the number of
monthly participants from 4,700 to 4,975 -action requested -APPROVE
AMENDMENT TO AGREEMENT AND AUTHORIZE THE CHAIR TO
SIGN.
46. Butte County Fair -County Service Area No. 34 (Gridley Swimming Pool) -
proposed is an agreement which will extend the cooperative contract for the
operation, maintenance, repair and upkeep of the Gridley Pool to June 30,
1996 -action requested -APPROVE AGREEMENT AND AUTHORIZE
THE CHAIR TO SIGN.
Page 236
August 15, 1995
Au~,ust 15. 1995
95-220 47. NorthStar Engineering -County Service Area (CSA) No. 21, Zones 1 and 4 -
(Oakridge Sewer) -the Central Valley Regional Water Quality Control
Board requires that goundwater quality monitoring and reporting be
performed for the CSA as a condition of waste dischazge for the subdivision
sewage disposal system. The firm of NorthStaz Engineering, which has
performed all previous monitoring services for the CSA, has submitted a letter
proposal to continue the services for a one year period -action requested -
APPROVE LETTER PROPOSAL AND AUTHORIZE PUBLIC WORKS
TO DIRECT NORTHSTAR ENGINNEEERING TO PROVIDE THE WATER
QUALITY MONITORING SERVICES IN ACCORDANCE WITH THE
LETTER PROPOSAL, AT A COST NOT TO EXCEID $5,032 WITHOUT
PRIOR PUBLIC WORKS APPROVAL.
48. Northern Valley Catholic Social Service (NVCSS) -proposed is a contract for
the provision of comprehensive therapy services for Children's Services
Division clients who aze victims or perpetrators of child abuse, neglect or
exploitation. The term of the contract is July 1, 1995 through June 30, 1996
in the maximum amount of $75,000 (70% StateJ30% County) -action
requested -APPROVE CONTRACT AND AUTHORIZE THE CHAIR TO
SIGN.
49. Parent Education Network (PEN) -proposed is a contract for the provision
of parent education services through in-home visitation classes, support
groups and/or individual sessions. The term of the contract is July 1, 1995
through June 30, 1996 in the maximum amount of 527,000 (State} -action
requested -APPROVE CONTRACT AND AUTHORIZE THE CHAIR TO
SIGN.
50. Pazent Education Network (PEN) - In-Home Household Management
Progam -proposed is a contract for the provision of training of Children's
Services Division clients in the skills needed for appropriate household
management. The term of the contract is July 1, 1995 through June 30, 1996
in the maximum amount of 512,500 (70% StateJ30% County) -action
requested -APPROVE CONTRACT AND AUTHORIZE THE CHAIR TO
SIGN.
51. Dr. James W. Voss -proposed is a contract to provide psychological
evaluation and early intervention counseling and assessment services for
Children's Services Division clients who are victims or perpetrators of child
abuse, neglect or exploitation. The term of the contract is July 1, 1995
through lone 30, 1996 in the maximum amount of 530,000 (70% State/30%
County) -action requested -APPROVE CONTRACT AND AUTHORIZE
THE CHAIR TO SIGN.
Page 237
August 15, 1995
August 15. 1995
95-220 52. Foreign Trade Zone -action requested -AUTHORIZE LETTER OF
SUPPORT FOR APPLICATION TO CREATE A NORTHERN
CALIFORNIA FOREIGN TRADE ZONE NEAR THE CHICO
MUNICIPAL AIRPORT.
53. Fish and Game Commission -action requested -APPOINT DEBORAH
LAYTON-ROOT AS SECRETARY OF THE BUTTE COUNTY FISH &
GAME COMMISSION.
MOTION: I MOVE TO APPROVE THE CONSENT AGENDA WITH THE
REMOVAL OF ITEMS 3.28, 3.31 AND 3.37.
M S
VOTE: I Y 2 Y 3 Y 4 Y S Y (Unanimously Carried)
FOR THE RECORD: SUPERVISOR ROUX ABSTAINED FROM THE VOTE
ON ITEM 3.05 AND CHAIR McLAUGHLIN ABSTAINED FROM THE VOTE
ON ITEM 3.55.
95-221 Presentation of resolution 95-107 in recognition of Rose Marie Stine upon retirement
from the Butte County Library with 35 years of dedicated service.
(PRESENTATION TO ROSE MARY STINE BY CHAIR McLAUGHLII~
Public Hearings and Timed Items
95-222 Public hearing - 1995-96 Butte County Final Budget. (FROM 6-27-95)
SPECIAL NOTE: Persons wishing to offer testimony for Board of Supervisors
consideration during the final budget public hearing should
take note of California Government Code Section 29088
which states in part...."increases or additions (to the proposed
budget) shall not be made after the public hearing, unless the
items were proposed in writing and filed with the clerk of the
board before the close of the public hearing." (180)
(I-IEARING OPENED AND CONTINUED OPEN TO AUGUST 29, 1995 AT
10:15 A.M.)
Page 238
August 15, 1995
A~aust 15. 1995
Regular agenda
95-223 Appointments -commissions and committees.
a. Appointments to committee vacancies. (905) (NONE)
95-224 Update on Sacramento legislative and budget activities. (COMMENTS ON
SACRAMENTO BY JOHN S. BLACKLOCK, CHIEF ADMINISTRATIVE
OFFICER, INCLUDED WITHIN HIS OPENING REMARKS OF THE PUBLIC
HEARING ON THE BUDGET)
95-225 Presentation by United Way of Butte-Glenn Counties -action requested -ADOPT
RESOLUTION PROCLAIlvIIlVG 1995 THE 31 ST UNTTID WAY CAMPAIGN TO
SUPPORT BUTTE COUNTY RESIDENTS, APPROVAL OF A BROCHURE
AND PLEDGE CARD TO EACH COUNTY EMPLOYEE, AND THE
OPPORTUNITY FOR EMPLOYEES TO MAKE THEIR ANNUAL
CONTRIBUTION TO UNITED WAY THROUGH PAYROLL DEDUCTION.
(920)
MOTION: I MOVE TO ADOPT RESOLUTION 95-109 PROCLAIlVIING 1995
THE 31ST UNITED WAY CAMPAIGN TO SUPPORT BUTTE
COUNTY RESIDENTS, APPROVAL OF A BROCHURE AND
PLEDGE CARD TO EACH COUNTY EMPLOYEE, AND THE
OPPORT[NITY FOR EMPLOYEES TO MAKE THEIR ANNiJAL
CONTRIBUTION TO UNITED WAY THROUGH PAYROLL
DEDUCTION.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
95-226 Butte County Economic Development Corporation -presentation of Business
Promotion and Reorganization Plan by members of the Butte County Overall
Economic Development, Inc. Board and staff. (960) (CONTINUED FOR A
COURTESY PRESENTATION BEFORE A MEETING OF THE BUTTE
COUNTY ASSOCIATION OF GOVERNMENTS [BCAG] ON SEPTEMBER 21,
1995, AND RETURN TO THE BOARD OF SUPERVISORS FOR ACTION AT
ITS MEETING OF SEPTEMBER 26, 1995)
Page 239
August 15, 1995
Aµ¢u~ 15. 1995
Public Hearings and Timed Items
95-227 Continued hearing -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. (FROM 7-11-95) (1687) (I-TEARING
OPENED AND CONTINUED OPEN TO AUGUST 29, 1995 AT 11:30 A.M.)
95-228 A MATTER ON WHICH A PUBLIC HEARING HAS BEEN HELD AND A
MOTION OF INTENT ADOPTED -John Farhar, et al. -consideration of the
Development Review Committee's approval of the J. E. McAmis vesting subdivision
map (item on 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 -action requested -ADOPT PROPOSED
MOTION AND FINDINGS. (INPUT FROM THE PUBLIC WILL BE LIlvIITED
TO COMMENTS ON THE PROPOSED MOTION AND FINDINGS) (FROM 7-
11-95) (1732)
MOTION: I MOVE TO MAKE ENVIRONMENTAL FINDINGS A. (1-3)-C;
PROJECT FINDINGS A. (1-10}H; PROJECT ACTION A. DENY
THE APPEAL AND UPHOLD THE DEVELOPMENT REVIEW
COMMITTEE'S APPROVAL OF THE VESTING TENTATIVE
PARCEL MAP FOR JOHN McAMIS ON AP 011-070-057 AND
-064 SUBJECT TO CONDITIONS OF APPROVAL (1-30)-B
(CONDITION NO. 15 AMENDED AS FOLLOWS: "PLACE A
NOTE ON A SEPARATE DOCUMENT WHICH IS TO BE
RECORDED CONCURRENTLY WITH THE MAP, OR ON AN
ADDITIONAL MAP SHEET THAT STATES: THE FOLLOWING
STATEMENT IS TO BE NOTED IN ALL DEEDS; `PARCELS
CREATED BY THIS MAP CAN NOT BE FURTHER DIVIDED
BECAUSE OF ENVIRONMENTAL CONSTRAINTS AND
COUNTY POLICY."') (STAFF REPORT DATED AUGUST 3,
1995).
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
Page 240
August 15, 1995
August 15. 1995
RECESS: 10:15 A.M.
RECONVENE: 10:40 A.M.
Public Hearings and Timed Items
95-229 Public hearing -William Jaeger - Orchardcrest Subdivision, Unit No. 1 (portion of
Orchardcrest Drive and portion of Glen Arbor Way, Thermalito area) -abandonment
of public rights-of--way and conveyance of fee title -action requested -ADOPT
RESOLUTION ABANDONING PUBLIC RIGHTS-OF-WAY, AND APPROVE
CONVEYANCE OF FEE TITLE FOR THE SUM OF $238 AND AUTHORIZE
THE CHAIR TO SIGN RESOLUTION AND GRANT DEED. (2100)
MOTION: I MOVE TO ADOPT RESOLUTION 95-110 ABANDONING
PUBLIC RIGHTS-OF-WAY, AND APPROVE CONVEYANCE OF
FEE TITLE FOR THE SUM OF $238 AND AUTHORIZE THE
CHAIR TO SIGN RESOLUTION AND GRANT DEED.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
Re igllar enda
95-230 Items removed from the Consent Agenda for Board consideration and action. (2133)
1. Resolution approving the microfilming or destruction of certain Personnel
Department records, documents, and papers pursuant to Sections 26201,
26202, and 26202.6 of the Government Code -action requested -ADOPT
RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN.
MOTION: I MOVE TO ADOPT RESOLUTION 95-111 AND AUTHORIZE
THE CHAIR TO SIGN.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
Page 241
August 15, 1995
August 15. 1995
95-230 2. Lrtrodudion of a salary ordinance amendment adding one temporary allocated
position of Grounds Maintenance Worker due to a long-term medical
(workers' compensation) leave of absence. The Personnel Rules limit the
number of hours an extra help employee can work to a maximum of 960
hours. The request is to allocate one temporary position until such time as the
status of the employee's workers' compensation claim is settled. At that time,
the Personnel Department will request the Board eliminate the temporary
allocated position -action requested -WAIVE READING OF THE
ORDINANCE.
MOTION: I MOVE TO WAIVE READING OF THE ORDINANCE.
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried}
3. Republic Gold, Inc. -proposed is a memorandum of understanding under
which Republic Gold will implement an "Interim Clean Up and Abatement
Work Plan" (Plan) for Carr Mine. The present owners of the mine have been
found in violation of their permit with regard to site reclamation and the mine
is not in operation. Republic Gold has agreed to perform interim site
stabilization in accordance with the Plan, in order to evaluate the viability of
reopening the mine for commercial operation -action requested -APPROVE
RELEASE FROM THE S25,000 RECLAMATION DEPOSIT OF A
hZ!~viUM OF 55,000 FOR MONITORING SERVICES AND A
I~I,~MUM OF 510,000 ON A MATCHING BASIS FOR INTERIM SITE
STABILIZATION, AND BUDGET TRANSFER B-006 (515,000 OF
UNANTICIPATED REVENUE FROM THE 525,000 RECLAMATION
DEPOSIT, FAITIIFUL PERFORMANCE TRUST FUND 1001 TO
DEVELOPMENT SERVICES-PLANNING DIVISION BUDGET). (NO
ACTION TAKEN)
Page 242
August 15, 1995
r-,
Aug su t 15, 1995
95-231 Public Comment. (PRESENTATIONS WILL BE LIlvIITED TO FIVE MINUTES.
THE BOARD OF SUPERVISORS IS PROHIBITED BY STATE LAW FROM
TAKING ACTION ON ANY ITEM PRESENTED IF TT IS NOT LISTID ON THE
AGENDA.) (2540)
Gerald Phillips, Oroville -presented to the Board copies of a letter from him
to John S. Blacklock, Chief Administrative Office, dated August 8, 1995.
2. Dwane Phillips, Oroville -presented to the Board copies of a letter from him
to John S. Blacklock, Chief Administrative Officer, dated August 8, 1995.
3. Gifford Massey, Butte County Employees Association -requested that the
Board consider placing an item on its agenda for an increase in salary for
Board members.
RECESS: 10:55 A.M.
RECONVENE: 11:10 A.M.
Public Hearings and Timed Items
95-232 Public hearing - to solicit public comment regarding the Annual and Final Grantee
Performance Report for Community Development Block Grant No. 93-EDBG-277
as well as an Annual Grantee Performance Report for No. 93-EDBG-245. These
grants were for the completion of an Industry Intelligence Study and to establish a
local small business revolving loan fund designed to provide direction to the County's
economic development efforts -action requested:
A. APPROVAL OF ANNUAL AND FINAL GRANTEE PERFORMANCE
REPORTS FOR NO. 93-EDBG-277;
B. APPROVAL OF ANNUAL GRANTEE PERFORMANCE REPORT FOR
NO.93-EDBG-245; AND
C. APPROVAL OF CERTIFICATE OF COMPLETION FOR NO. 93-EDBG-
277. (2857)
Page 243
August 15, 1995
August 15. 1995
95-232 MOTION: I MOVE TO A. APPROVE ANNUAL AND FINAL GRANTEE
PERFORMANCE REPORTS FOR NO. 93-EDBG-277;
B. APPROVE ANNUAL GRANTEE PERFORMANCE REPOT
FOR NO.93-EDBG-245; AND C. APPROVE CERTIFICATE OF
COMPLETION FOR N0.93-EDBG-277.
S M
VOTE: l Y 2 Y 3 Y 4 Y S Y (Unanimously Carried)
95-233 CLOSED SESSION: The Board recessed at 11:15 a.m. to a closed session
conference with legal counsel on matters of a public
employee performance evaluation pursuant to
Government Code Section 54957 (County Counsel);
a conference with legal counsel on matters of actual
litigation pursuant to Government Code Section
54956.9(a) (1. Green Rock Quarries, Inc. v. County
of Butte; 2. Turner v. Butte County [Butte County
Superior Court Case No. 112050]; 3. Young v.
Anderson, et al.; and 4. Gerald Phillips v. County of
Butte [a workers' compensation claim]); a conference
with legal counsel on matters of significantlpotential
litigation pwsuant to Government Code Section
54956.9(b) (two potential matters).
RECONVENE: The Board reconvened at 1:10 p.m. following a closed session
conference with legal counsel on matters of a public employee
performance evaluation pursuant to Govemrent Code Section
54957 (County Counsel); a conference with legal counsel on
matters of actual litigation pursuant to Government Code
Section 54956.9(a) (1. Green Rock Quarries, Inc. v. County
of Butte; 2. Turner v. Butte County [Butte County
Superior Court Case No. 112050]; 3. Young v. Anderson, et
al.; and 4. Gerald Phillips v. County of Butte [a workers'
compensation claim]); a conference with legal counsel on
matters of significant/potential litigation pursuant to
Government Code Section 54956.9(b) (two potential
matters). (NO ANNOUNCEMENTS)
Page 244
August 1 S, 1995
August 15, 1995
Communications
95-234 Communications received and referred. (COPIES OF ALL COMMUNICATIONS
ARE AVAILABLE IN THE CLERK OF THE BOARD OFFICE.)
A. Dan Cook, Chairn~an, Oroville Recreation Advisory Committee (ORAC) -
writes requesting that the Board authorize the Sheriff to develop a draft
proposal for administration/oversight of the North and South Forebays,
similar to services being provided by the Sheriff for the Thermalito Afterbay.
(REFER TO SHERIFF-CORONER)
B. Kathy Erisinan, Mendocino -forwards her letter of resignation as the District
5 appointee to the County's Planning Commission. (REFER TO CLERK OF
THE BOARD AND DIRECTOR-DEVELOPMENT SERVICES)
C. Ken Petrucelli, Assistant Superintendent, Operational Support Services, Chico
Unified School District (CUSD) -writes requesting County assistance in the
processing of CUSD storm damage claims filed with the Federal Emergency
Management Agency (FEMA). (REFER TO CHIEF ADMINISTRATIVE
OFFICER AND EMERGENCY SERVICES OFFICER)
D. William J. Pavao, Progam Manager, State Department of Housing and
Community Development -informs the Board that the County has not been
selected to receive a gent from the GeneraVNative American Allocation of
the 1995 State Community Development Block Grant (CDBG) Progam.
(REFER TO ASSISTANT CHIEF ADMINISTRATIVE OFFICER AND
DIRECTOR-DEVELOPMENT SERVICES)
E. Huey Tidwell, Chairman Butte Basin Water Users Association (BBWUA) -
writes to express BBWUA's appreciation of the courtesy and cooperation
extended to BBWUA by the Board of Supervisors in allowing their
organization to review, revise and recommend alterations in Chapter 23B of
the Butte County Code governing "Water Wells." Further, he advises that
BBWUA is making significant progess and will provide its recommended
revised Chapter 23B to the County, as promised, on or prior to September 1,
1995. (REFER TO COUNTY COUNSEL AND ENVIRONMENTAL
HEALTIT)
F. Sheep Hollow Creek Homeowners' Association -submits their concerns
regarding alleged violations of the Thomas P. Reed, et. al development
agreement approved by the Board at its meeting of August 1 S, 1989.
(REFER TO DIRECTOR-DEVELOPMENT SERVICES AND COUNTY
COUNSEL)
Page 245
August 15, 1995
AuF;ust 15. 1995
95-234 G. Charles H. Johnson, President, Reclamation District No. 833 -forwards a
District resolution to the Board electing (pursuant to Government Code
Section 26909) that effective for the 92-93, 93-94 fiscal years, audits are to
be conducted on a two-year basis for the District. (REFER TO AUDITOR-
CONTROLLER)
H. Congressman Wally Herger, 2d District -responds to Chair McLaughlin's
letter of July 11 concerning the Federal Emergency Management Agency.
(REFER TO EMERGENCY SERVICES OFFICER)
Michael McGinnis, Mayor, City of Chico -writes to the Board regarding the
Grazing and Open Land Review Committee Report and General Plan Update,
and requests that the County refer all notices and information on its General
Plan update process so that the City may have an opportunity to comment and
participate, as appropriate. (REFER TO DIRECTOR-DEVELOPMENT
SERVICES)
ADJOURNMENT: There being no furthex business before the Board, the meeting
was adjourned at 1:10 p.m. to reconvene on Tuesday,
August 29, 1995 at 9:00 a.m.
ED McLAUGHLIN, C
Board of Supervisors
ATTEST:
JOHN S. BLACKLO Chief Administrative Officer
and Clerk of the Bo of Supervisors
By: ~ - _ ~~
Page 246
August 15, 1995