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September 10, 1996
ED McLAUGHLIN, 4th District, Chair
VIVIAN MEYER, 1st District
JANE DOLAN, 2nd District
MARY ANNE HOUR, 3rd District
GORDON THOMAS, 5th 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. 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 -Reverend Stan Henderson, Trinity Presbyterian Church, Oroville.
Consent Agenda
96-246 1. Approval of minutes -action requested -APPROVE MINUTES OF
AUGUST 13, 1996 AND AUGUST 27, 1996.
2. Budget transfer - action requested -APPROVE BUDGET TRANSFER
B-252 (PORTION OF FINAL 1995-96 BUDGET
TRANSFER/APPROPRIATION OF UNANTICIPATED REVENUES AND
TRANSFER OF APPROPRIATION FROM CONTINGENCIES.)
3. Aticle VI to Chapter 3 of the Butte County Code regarding fees chargeable
by the Agricultural Commissioner -consideration of an amendment to
ordinance no. 3093, Section 3-61. Schedule of Fees., Subsection K, to allow
the Agricultural Commissioner to be reimbursed for mileage "based on the
current Internal Revenue Service mileage reimbursement rate." -action
requested -SET PUBLIC HEARING FOR TUESDAY, OCTOBER 8, 1996
AT 10:15 A.M.
BOARD OF SUPERVISORS
Page 258 ~'
September 10, 1996
September 10, 1996
96-246 4. Paradise Branch Library -Paradise Friends of the Library are willing to
commit adequate funds to allow the Paradise Branch of the County Library
to be open on Saturdays from 12:00 P.M. to 4:00 P.M. from September 21,
1996 through June 30, 1997 -action requested:
A. ACCEPT DONATION AND AUTHORIZE LETTER OF
APPRECIATION; AND
B. ADOPT RESOLUTION 96-104 ESTABLISHING THE HOURS
THE LIBRARY WILL BE OPEN TO THE PUBLIC EFFECTIVE
SEPTEMBER 21, 1996 AND AUTHORIZE THE CHAIR TO SIGN.
County Library donations - in accordance with Government Code Section
25355, a donation of $2,410 from Chico Friends of the Library has been
received for the Butte County Trust Fund for the purchase of books -action
requested -ACCEPT DONATION AND AUTHORIZE LETTER OF
APPRECIATION.
6. Oroville Cemetery District -action requested -APPOINT GORDON
ANDOE TO AN UNEXPIRED TERM ENDING JANUARY 1, 1999.
7. Paul Webb. Sr., Antioch - files a claim for $2,500,000 for the alleged
wrongful death of Paul Webb, Jr. as the result of a motor vehicle accident on
State Route 70 (400-500 feet east of Montgomery Street) on or about
February 8, 1996 -action requested -REJECT CLAIM AND REFER TO
RISK MANAGER AND COUNTY COUNSEL.
8. Clarence Williams, Biggs - files a claim for $35,710 for alleged damages to a
loader truck involved in a motor vehicle accident with a Butte County Fire
truck at Augua Friar Road on or about July 3, 1996 -action requested -
REJECT CLAIM AND REFER TO RISK MANAGER AND COUNTY
COUNSEL.
9. New courthouse - modular/system furniture -Board approval is requested
for the purchase of modular/system furniture for the new Butte County
Courthouse in the amount of $131,852.30 from Miles Treaster & Associates
of West Sacramento as part of the CSAC/League of California Cities Public
Purchasing Program -action requested -APPROVE PURCHASE OF
FURNISHINGS.
Page 259
September 10, 1996
September 10, 1996
96-246 10. Award of bid no. 08-97 - reroof Administration Building (south building) -
bids have been opened for reroofing a portion of the Administration Building
with the low bidder being George Roofing of Oroville in the amount of
$18,200 -action requested -AWARD BID.
11. Award of bid no. 09-97 -Courthouse free standing furniture -bids have been
opened for the purchase of free standing office furniture for the new
courthouse. There are different low bidders for the various items specified.
The total of all low bids are $137,506.37, including tax and installation -
action requested -AWARD BIDS TO LOW BIDDERS.
l2. Consolidated courts - video arraignment system upgrade - Board
authorization is requested to purchase the video arraignment system upgrade
which includes electronic reporting of court reporting, $10,238.13 and
dubbing system, $6,432 from Jefferson Audio Video Systems, Inc. (JAVS) -
action requested - APPROVE BUDGET TRANSFER B-010 AND
PURCHASE OF FIXED ASSET ITEMS.
13. Consolidated courts -with the pending completion of the expanded
courthouse facility and the relocation of South Butte County Municipal Court
records to the new facility, the Court needs to increase its file storage
capacity. Board approval is requested for the purchase and installation of four
additional space saver high density mobile filing system units in the maximum
amount of $12,646.67 (Clerk's Micrographics Trust) -action requested -
APPROVE BUDGET TRANSFER B-011, AND SOLE SOURCE
PURCHASE OF FIXED ASSET ITEMS FROM INTERIORS
INCORPORATED, SACRAMENTO.
14. County Library -Board approval is requested for the purchase of memory
upgrade for an existing printer in the maximum amount of $250 (Literacy
grant) -action requested -APPROVE BUDGET TRANSFER B-009 AND
PURCHASE OF FIXED ASSET ITEM.
15. Award of bid no. 02-97 -Paradise Memorial Hall roofing -bids have been
opened for the roofing of the building with the low bidder being Sutter Foam
& Coating of Yuba City in the amount of $21,750 (ISF budget) -action
requested -AWARD BID.
Page 260
September 10, 1996
September 10, 1996
96-246 16. Paradise Memorial Hall roofing -contract change order (CCO) no. 1 - CCO
No. 1, in the decreasing amount of $3,750, provides for changing the
specifications from spraying one pass of foam over the entire roof to spraying
one pass of foam over new penetrations and areas that need to be stabilized -
action requested -APPROVE CCO N0. 1 AND AUTHORIZE THE
GENERAL SERVICES DIRECTOR TO SIGN.
17. Exchange programs agreement no. X96-5912, Federal Apportionment
Exchange Program and State Match Program -proposed is execution of
Exchange Programs Agreement No. X9b-5912, which provides for the
exchange of Federal Apportionment Funds for a like amount of nonFederal
State Highway Account Funds and the disbursement of State Matching Funds
for fiscal year 1995/96. The exchange of funds enables the expenditure of the
funds on projects without the need to comply with Federal and State
guidelines -action requested -ADOPT RESOLUTION 96-105 APPROVING
AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN.
18. 65 Mile Per Hour (MPH) Speed Zones, State Highways 70, 99 and 149 -
Senate Bill 848 allows for an increase in the maximum speed limit from 55
MPH to 65 MPH on certain two-lane roadways, providing an Engineering and
Traffic Survey is conducted to justify raising the speed limit. California
Department of Transportation (Caltrans) has conducted such justifying
surveys on certain segments of State Highways 70, 99 and 149 and the
California Highway Patrol has endorsed the proposed increases. Section
22354.5 of the California Vehicle Code allows Butte County to conduct
public hearings on the proposed speed limit increases, if desired -action
requested -AUTHORIZE THE DIRECTOR-PUBLIC WORKS TO SIGN
THE AUGUST 16, 1996 CALTRANS CORRESPONDENCE INDICATING
THAT A PUBLIC HEARING IS NOT NECESSARY FOR ANY OF THE
THREE PROPOSED SPEED LIlVIIT INCREASES.
19. Report to Board -bid opening for construction of Meridian Road Bridge
across Desolation Ditch, County project no. 65133-96-1 -action requested -
AWARD CONTRACT TO LOW BIDDER, GEORGE A. SANTOS
EXCAVATING, CHICO IN THE AMOUNT OF $123,274.
20. Report to Board -bid opening for regrading of Durnel Drive, from Grainland
Road to 1.45 miles south, County project no. 32253-96-1 -action requested -
AWARD CONTRACT TO LOW BIDDER, FRANKLIN
CONSTRUCTION, INC., PARADISE IN THE AMOUNT OF $102,424.
Page 261
September 10, 1996
September 10, 1996
96-246 21. Notice of completion for installing roadway illumination on various Butte
County roads, Hazard Elimination Project STPLH-5912(013), County
contract no. SP93-1, State contract no. 03-924545 -all contract work has
been completed in accordance with the plans and specifications -action
requested -ACCEPT CONTRACT WORK; AUTHORIZE CHAIR TO SIGN
NOTICE OF COMPLETION, AND AUTHORIZE THE FII.ING OF THE
NOTICE OF COMPLETION.
22. Notice of completion for regrading of Bald Rock Road, from five miles east
to six miles east of Oroville Quincy Highway, County contract no. 44605A-
95-1 -all contract work has been completed in accordance with the plans and
specifications - action requested - ACCEPT CONTRACT WORK;
AUTHORIZE CHAIR TO SIGN THE NOTICE OF COMPLETION, AND
AUTHORIZE THE FII.ING OF THE NOTICE OF COMPLETION.
23. Assignment of counsel -County Counsel proposes the assignment of
Planning and Conservation League, et al. v. California Department of Water
Resowces to the law firm of Griffith, Masuda & Godwin -action requested -
APPROVE ASSIGNMENT OF COUNSEL.
24. Assignment of counsel -County Counsel proposes the assignment of Oliver
v. AT&T to the law firm of Stewart, Humpherys, Burchett, Sandelman &
Molin -action requested -APPROVE ASSIGNMENT OF COUNSEL.
25. Assignment of counsel -County Counsel proposes the assignment of Garske
v. County of Butte to the law firm of Price, Brown & Halsey to defend
Curtiss Top, Chris Jones and Jeff Hayes -action requested -APPROVE
ASSIGNMENT OF COUNSEL.
26. Assignment of counsel -County Counsel proposes the assignment of Garske
v. County of Butte to the law firm of Porter, Scott, Weiberg & Delehant to
defend County of Butte, Tim Nylander, Mick Grey, Vivian Meyer, Jane Dolan,
Mary Anne Houx, Ed McLaughlin, Gordon Thomas and Dennis Pelle -action
requested -APPROVE ASSIGNMENT OF COUNSEL.
Page 262
September 10, 1996
September 10, 1996
96-246 27. California State Department of Justice - on March 12, 1996 the Board
adopted a resolution allowing the Consolidated Courts to accept a grant in the
amount of $50,000 from the California State Department of Justice for the
purpose of developing an automated arrest disposition reporting system that
will be accessible to all County law and justice departments and local law
enforcement agencies. The Courts' software vendor, Automated
Government Systems (AGS), has been approved by the State to develop the
computer programing. AGS has agreed that the cost of this programing will
not exceed the grant amount of $50,000 -action requested -APPROVE
AGREEMENT (NO. 96-4252) AND AUTHORIZE THE COURT
EXECUTIVE OFFICER TO SIGN ON BEHALF OF THE COUNTY.
28. Valley Toxiology Service, Inc., West Sacramento -proposed is a continuation
of a contract for blood/alcohol analysis and solid dosage drug analysis
commencing July 1, 1996 through June 30, 1999 in the maximum amount of
$6,000 per month -action requested -APPROVE AGREEMENT AND
AUTHORIZE THE CHAIR TO SIGN PENDING APPROVAL OF RISK
MANAGER. (Contract no. X10315)
29. Roger Ernst, dba Roger Ernst & Associates Auctioneers, Inc. • an agreement
has been prepared to auction county surplus property for sale. The
commission amount is 10% of the Boss sales for vehicles and rolling stock
and 20% on all tangible and confiscated property sold. The term of the
agreement is ongoing and contains a 30 day cancellation provision -action
requested -APPROVE AGREEMENT AND AUTHORIZE THE GENERAL
SERVICES DIRECTOR TO SIGN.
30. County Library -the California State Library has requested applications for
matching funds for adult literary services in fiscal year 1996/97. These
California Library Services Act funds provide a percentage of local moneys
for continuing participation in providing literacy service -action requested -
APPROVE GRANT APPLICATION AND AUTHORIZE THE
DIRECTOR-LIBRARIES TO SIGN.
Page 263
September 10, 1996
September 10, 1996
96-246 31. Enloe Hospital -proposed is a contract to provide apart-time registered nurse
to work as a nurse/trainer in the Options for Recovery Perinatal Program
providing services to foster parents and natural parents of substance exposed
infants and toddlers involved in the Perinatal Program in the Children's
Services Division of the Department of Social Welfare and the Touchstone
Program through the Alcohol, Drug and Mental Health Department. The
contract is for $37,449 ($28,087/Federal, $6,554/State, $2,808/County) -
action requested -APPROVE AGREEMENT AND AUTHORIZE THE
CHAIR TO SIGN. (Contract no. X10282) (FROM 8-27-96)
32. Rio Lindo Investors, Chico -proposed is a lease and agreement for Alcohol,
Drug and Mental Services' Day Activities Rehabilitation Program (DARP)
at 492 Rio Lindo Avenue, Chico commencing July 1, 1996 through June 30,
1997 in the maximum amount of $2,652.25 per month ($31,827/annual)
(Realignment) -action requested -APPROVE AGREEMENT AND
AUTHORIZE THE CHAIR TO SIGN. (Contract no. X10259}
33. Agreement for the Provision of Animal Control Services by the City of Chico
to the County of Butte -Amendment No. 1 - by an agreement dated
September 15, 1995 the City of Chico agreed to assist County Animal Control
within the "Chapman-Mulberry Area" of Chico through June 30, 1996. As
a continuation of the cooperative approach to animal control, the City has
approved an agreement extension through June 30, 1997. Associated animal
boarding expenses will not exceed $5,000 (Department budget} -action
requested -APPROVE AMENDMENT NO. 1 TO AGREEMENT AND
AUTHORIZE THE CHAIR TO SIGN. (Contract no. X10295)
(CHAIR McLAUGHLIN EXPRESSED HIS THANKS, ON BEHALF OF
THE BOARD, TO THE CITY OF CHICO FOR THEIR WILLINGNESS
TO CONTINUE THIS COOPERATIVE APPROACH AT NO COST TO
THE COUNTY)
34. Neal Road Landfill - Phase I Construction, Septage Pond No. 2, County
Project No. 758-96-1 - on August 27, 1996, the Board awarded the
contract for the Phase I Conshuction, Septage Pond No. 2, Neal Road Landfill
to Robert R. Peacher, Inc., Chico in the amount of $539,043. Inadvertently
omitted in the agenda request was adoption by the Board of the wage scale
as designated in the Notice to Contractors -action requested -ADOPT
WAGE SCALE.
Page 264
September 10, 1996
Set~tember 10, 1996
96-246 35. Neal Road Landfill -the Neal Road Landfill Company (landfill operator) has
provided a letter proposal to improve its compaction efforts for refuse
delivered to the landfill disposal area. The Public Works Department
proposes to implement this program for a one year trial period to develop a
procedure for increasing refuse density that will help to prolong site life. An
increased refuse density compaction standard may, over time, increase the
landfill's site life by approximately five years. Public Works staff will conduct
field surveys to evaluate the operators performance -action requested -
APPROVE LETTER PROPOSAL DATED DECEMBER 11, 1995 WITH
AMENDMENT DATED AUGUST 26, 1996 AND AUTHORIZE THE
PUBLIC WORKS DEPARTMENT TO DIRECT THE LANDFILL
OPERATOR TO PROCEED WITH THE WORK, AT A TOTAL COST
NOT TO EXCEED $156,000 (HEAL ROAD LANDFILL.) (Contract no.
X10303)
36. Advance step hiring -Sheriffs Office - proposed is the advance step hiring
of a lateral transfer peace officer candidate at step 6 of the salary range
(Department budget) -action requested -APPROVE ADVANCE STEP
HIItING.
MOTION: I MOVE TO APPROVE THE CONSENT AGENDA AS
PRESENTED.
S M
VOTE: l Y 2 Y 3 Y 4 Y S Y (Unanimously Carried)
(FOR THE RECORD: SUPERVISOR HOUX ABSTAINED FROM THE VOTE
ON ITEM 3.01 -APPROVAL OF MINUTES OF AUGUST 27, 199b)
ReQUIar Agenda
96-247 Appointments -commissions and committees.
A. Appointments to committee vacancies. (NONE)
B. California State Association of Counties (CSAC) -action requested -MAKE
1996-97 APPOINTMENT OF DIRECTOR AND ALTERNATE
DIRECTOR.
MOTION: I MOVE TO REAPPOINT SUPERVISOR MEYER AS DIRECTOR
AND SUPERVISOR DOLAN AS ALTERNATE DIRECTOR.
S M
VOTE: l Y 2 Y 3 Y 4 Y S Y (Unanimously Carried)
Page 265
September 10, 1996
September 10. 1996
96-248 Durham Parkview 4-H Club -donation of $2,000 as a community match toward
purchase of a replacement fire engine for the Durham Volunteer Fire Company -
action requested -ACCEPT DONATION AND AUTHORIZE LETTER OF
APPRECIATION. (PRESENTATION BY MIKE HOLMAN, ON BEHALF OF
THE DURHAM PARKVIEW 4-H CLUB, OF A DONATION OF $2,000 TO LYLE
BENNETT, CHAIRMAN OF THE DURHAM VOLUNTEER FIRE COMPANY' S
GOVERNING BOARD AND RETIRED LONG TIlV1E FIRE CHIEF, AND
CLAUDE EVANS, PRESENT DURHAM VOLUNTEER FIRE COMPANY FIRE
CHIEF, AS A CONA~ILTNITY MATCH TOWARD PURCHASE OF A
REPLACEMENT FIRE ENGINE)
96-249 City of Chico -proposed Title 19, Land Use Regulation; Chapter 19.25, Agricultural
Preservation ordinance -action requested -REQUEST CITY OF CHICO ENGAGE
IN DISCUSSIONS WITH COUNTY REGARDING AGRICULTURAL
PRESERVATION PROPOSAL. (307)
(BOARD DIRECTION TO REQUEST THE CITY OF CHICO TO PARTICIPATE
IN DIALOG BETWEEN THE CITY AND COUNTY REGARDING THE CITY' S
AGRICULTURAL PRESERVATION PROPOSAL. DEVELOPMENT SERVICES
STAFF, AND POSSIBLY A BOARD MEMBER(S), TO ATTEND THE WORK
SHOP SESSION BEING HELD BEFORE THE CITY COUNCIL AT 7:30 P.M.
THIS EVENING IN THE COUNCIL CHAMBERS)
96-250 Update on Sacramento legislative and budget activities. (500) (JOHN S.
BLACKLOCK, CHIEF ADMINISTRATIVE OFFICER, REPORTED THAT
THERE IS A BILL PENDWG BEFORE THE GOVERNOR THAT WOULD CAP
ERAF GROWTH SO THAT COUNTIES CAPTURE FUTURE GROWTH
REVENUE, AND WE HOPE THAT THE GOVERNOR SIGNS TT SINCE IT DID
PASS OUT OF BOTH HOUSES OF THE LEGISLATURE WITHOUT A SINGLE
NEGATIVE VOTE. HE FURTHER ANNOUNCED THAT ADMINISTRATION
IS SCHEDULING THE COUNTY'S LEGISLATIVE ADVOCATE DALE
WAGERMAN TO BE IN BUTTE COUNTY ON OCTOBER 22, 1996. HE WILL
PRESENT A YEAR END WRAP UP TO THE BOARD, AND WILL ALSO BE
MEETING THAT DAY WITH DEPARTMENT HEADS REGARDING
LEGISLATIVE IDEAS FOR THE COMING LEGISLATIVE SESSION)
(SUPERVISOR THOMAS NOT PRESENT)
Page 266
September 10, 1996
September 10. 1996
96-251 General AssistanceJSenate Bill 681 (Hunt) -action requested -DIRECT THE
DEPARTMENT OF SOCIAL WELFARE TO DEVELOP AN ANALYSIS OF
PROGRAM, FISCAL AND ADMINISTRATIVE IlviPACT OF THE FOUR
ELEMENTS OF SENATE BII.L 681 (HURTT.) (538)
(SUPERVISOR THOMAS PRESENT)
MOTION: I MOVE TO DIRECT THE DEPARTMENT OF SOCIAL
WELFARE TO DEVELOP AN ANALYSIS OF PROGRAM,
FISCAL AND ADMINISTRATIVE Ilv1PACT OF THE FOUR
ELEMENTS OF SENATE BII,L 681 (HURTT.)
S M
VOTE: l Y 2 Y 3 Y 4 Y S Y (Unanimously Carved)
96-252 Butte Tourism Assessment -the Tri-County Economic Development Corporation
received a supplement to their fiscal year 1995-96 basic planning grant to conduct a
Tourism Assessment for Butte County. The Butte County Transient Occupancy Tax
(BC-TOT} Advisory Committee served as a steering committee for the grant. The
BC-TOT Advisory Committee submits the Tourisrn Assessment to the Board of
Supervisors -action requested:
A. ACCEPT THE BUTTE COUNTY TOURISM ASSESSMENT;
B. AFFIItM THE PERSONS SELECTED BY THE BC-TOT ADVISORY
COMMITTEE TO REPRESENT BUTTE COUNTY ON THE SHASTA
CASCADE WONDERLAND ASSOCIATION'S BOARD OF DIRECTORS
(BUTTE COUNTY'S REGIONAL MARKETING ASSOCIATION);
C. DIRECT THE BC-TOT ADVISORY COMMITTEE TO BEGIN
EVALUATION AND Il1~IPLEMENTATION OF THE
"RECOMMENDATIONS FOR ORGANIZING THE COUNTY WIDE
TOURISM PROGRAM" CONTAINED IN THE TOURISM
ASSESSMENT. (FROM 8-27-96) (NO ACTION TAKEN)
Page 267
September 10, 1996
September 10, 1996
96-253 A MATTER ON WHICH IS PUBLIC HEARING HAS BEEN HELD - 1996-97
Butte County Final Budget -action requested -ADOPT RESOLUTION ADOPTING
1996-97 BUTTE COUNTY FINAL BUDGET AND AUTHORIZE THE CHAIR TO
SIGN. (CALIFORNIA GOVERNMENT CODE SECTION 29088 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 FII.ED WITH THE CLERK OF THE
BOARD BEFORE THE CLOSE OF THE PUBLIC HEAR [PUBLIC HEARING
CLOSED ON 8-27-96]) (FROM 8-27-96) (675)
(SUPERVISOR THOMAS NOT PRESENT/SUPERVISOR THOMAS PRESENT}
MOTION: I MOVE TO ADOPT RESOLUTION 96-106 ADOPTING 1996-97
BUTTE COUNTY FINAL BUDGET INCORPORATING
CATEGORY I AND CATEGORY II ADJUSTMENTS AND
AUTHORIZE THE CHAIR TO SIGN, AND DIRECT
ADMINISTRATIVE OFFICE STAFF TO CONTINUE TO WORK
WITH THE SHERIFF ON THE MARIJUANA ERADICATION
PROGRAM; TO CONSIDER COMMENTS REGARDING THE
PROBATION DEPARTMENT'S PROBLEMS; THE IN HOME
SUPPORTIVE SERVICES ISSUE; THE DISTRICT ATTORNEY'S
FAMILY SUPPORT DIVISION; THE FOSTER CARE ISSUE;
AND TAKING THE 40 HOUR WORK WEEK ISSUE TO THE
MANAGEMENT COUNCIL TO EXPLORE OPTIONS.
S M
VOTE: l Y 2 Y 3 Y 4 Y S Y (Unanimously Carried)
96-254 Introduction of an ordinance adding Article IV entitled "Records of Ownership of Nut
Crops" to Chapter 23 of the Butte County Code -action requested -WAIVE
READING OF THE ORDINANCE. (1864)
MOTION: I MOVE TO WAIVE READING OF THE ORDINANCE.
S M
VOTE: l Y 2 Y 3 Y 4 Y S Y (Unanimously Carried)
96-255 Items removed from the Consent Agenda for Board consideration and action.
(NONE)
Page 268
September 10, 1996
September 10, 199b
Public Hearings and Timed Items
96-256 Public hearing -county service area charges pursuant to Government Code Section
25210.77a -action requested -ADOPT RESOLUTION CONFIRMING SERVICE
CHARGES IN THE COUNTY OF BUTTE FOR FISCAL YEAR 1996-97. (FROM
8-27-96) (2290)
MOTION: I MOVE TO ADOPT RESOLUTION 96-107 CONFIRMING
SERVICE CHARGES IN THE COUNTY OF BUTTE FOR FISCAL
YEAR 1996-97 AND AUTHORIZE THE CHAIR TO SIGN.
M S
VOTE: l Y 2 Y 3 Y 4 Y S Y (Unanimously Carried)
ANNOUNCEMENT: JACK WIEST, COUNTY FIRE WARDEN, HAS BEEN
PROMOTED TO AN AREA CHIEF POSITION. CHIEF WIEST EXPRESSED
HIS APPRECIATION TO THE BOARD FOR ITS SUPPORT OF THE FIRE
DEPARTMENT.
96-257 Public Comment. (PRESENTATIONS WII.L BE LIlvIITED 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.)
1. Fred C. Davis, Magalia -the County fund balance carry over from budget year
1995-96 is a result of frugal departments heads, and he is in favor of phasing
down of the utility user tax if there continues to be a fund balance carry over.
96-258 Item 7.02 -addition of the following two properties to the item: 1) The lot lying at
the south easterly corner of the intersection of 9th Avenue and Spruce Avenue in the
Chico area, being a total of approximately .41 acres, known as 451 and 455 E. 9th
Avenue, Chico, and further identified as APN 003-381-17; and 2) A parcel of
property in the northwest portion of Butte County, being approximately 3.51 acres
in size, lying approximately 1500 feet south of the Tehama County line and easterly
of and adjacent to the Sacramento River, and further identified as APN 047-01-08.
Page 269
September 10, 1966
September 10, 1966
96-258 Item 7.02 - A CONFERENCE WITH REAL PROPERTY NEGOTIATOR
PURSUANT TO GOVERNMENT CODE SECTION 54956.8:
Property: 1010 Cleveland Street, Chico
Negotiating Parties: County of Butte and Westhill Properties and James Richards
Under negotiation: Price, terms and conditions of potential sale
MOTION: I MOVE, PURSUANT TO GOVERNMENT CODE SECTION
54954.2(b}(2), THAT TIRE IS A NEED TO TAKE Il~Ilv1EDIATE
ACTION AND THAT THE NEED FOR ACTION CAME TO THE
ATTENTION OF THE BOARD OF SUPERVISORS
SUBSEQUENT TO THE AGENDA BEING POSTED.
S M
VOTE: l Y 2 Y 3 Y 4 Y S Y ([Jnanimously Carried)
96-259 CLOSED SESSION: The Board recessed at 10:33 a.m. to a closed session
conference with legal counsel for actual litigation pursuant to
Government Code Section 54956.9(a) (Beatty v. County of
Butte), a conference with real property negotiator pursuant to
Government Code Section 54956.8 (Property: 1) Former
gravel quarry east of Garner Lane and south of Dusty Lane
and identified as APN 047-250-032 in the North Chico
Specific Plan area; 2) The lot lying at the south easterly corner
of the intersection of 9th Avenue and Spruce Avenue in the
Chico area, being a total of approximately .41 acres, known as
451 and 455 E. 4th Avenue, Chico and further identified as
APN 003-381-17; and 3) A parcel of property in the
northwest portion of Butte County, being approximately 3.51
acres in size, lying approximately 1500 feet south of the
Tehama County line and easterly of and adjacent to the
Sacramento River, and further identified as APN 047-0 l -08);
and a conference with real property negotiator pursuant to
Govemment Code Section 54956.8 (Property: 1010 Cleveland
Street, Chico; Negotiating Parties: County of Butte and
Westhill Properties and James Richards; Under negotiation:
Price, terms and conditions of potential sale.)
Page 270
September 10, 1966
September 10, 1966
96-259 RECONVENE: The Board reconvened at 12:03 p.m. following a closed
session conference with legal counsel for actual litigation
pursuant to Government Code Section 54956.9(x) (Beatty v.
County of Butte), a conference with real property negotiator
pursuant to Government Code Section 54956.8
(Property: 1) Former gravel quarry east of Garner Lane and
south of Dusty Lane and identified as APN 047-250-032 in
the North Chico Specific Plan area; 2) The lot lying at the
south easterly corner of the intersection of 9th Avenue and
Spruce Avenue in the Chico area, being a total of
approximately .41 acres, known as 451 and 455 E. 9th
Avenue, Chico and further identified as APN 003-381-17;
and 3) A parcel of property in the northwest portion of Butte
County, being approximately 3.51 acres in size, lying
approximately 1500 feet south of the Tehama County line and
easterly of and adjacent to the Sacramento River, and further
identified as APN 047-01-08); and a conference with real
property negotiator pursuant to Government Code Section
54956.8 (Property: 1010 Cleveland Street, Chico; Negotiating
Parties: County of Butte and Westhill Properties and James
Richards; Under negotiation: Price, terms and conditions of
potential sale.) (NO ANNOUNCEMENTS)
96-260 Communications
Communications received and referred. (COPIES OF ALL COMMUNICATIONS
ARE AVAILABLE IN THE CLERK OF THE BOARD OFFICE.)
A. Nancy Moorhouse, Grass Valley -refers to a letter from Director-Public
Works informing property owners that the County has requested property
along Foothill Blvd. be included in Federal Emergency Management Agency
Flood Insurance Rate Maps as Zone A, and asks when property owners can
anticipate the County designing and implementing measures to ensure Wyman
Ravine and associated tributaries are capable of withstanding at least a 100
year flood? (DIRECTOR-PUBLIC WORKS)
Page 271
September 10, 1966
September 10. 1966
96-260 B. Supervisor Jerry Maltby, County of Colusa, Board of Supervisors -forwards
a copy of a letter approved at the regular meeting of the Colusa County Board
of Supervisors on August 20, 1996 regarding the Connelly-Areias-Chandler
Rice Straw Burning Reduction Act of 1991. Supervisor Maltby requests
Butte County's support in challenging this Act, and asks that Butte County
contact Governor Wilson's Office and ow legislative representatives with our
comments. (REFER TO CHIEF ADMINISTRATIVE OFFICER,
AGRICULTURAL COMMISSIONER, AIR POLLUTION CONTROL
OFFICER, FISH AND GAME COMMISSION)
C. Allen Harthorn, Chair, Butte Creek Watershed Conservancy -requests the
Board approve signing of a Memorandum of Understanding for the
development of a watershed management strategy for Butte Creek. (REFER
TO DIRECTOR-DEVELOPMENT SERVICES, DIRECTOR-PUBLIC
WORKS, COUNTY COUNSEL, AND EMERGENCY SERVICES
OFFICER)
ADJOURNMENT: There being no further business before the Board, the meeting
was adjourned at 12:03 p.m. to reconvene on Tuesday,
September 24, 1996 at 9:00 a.m.
ED McLAUGHLI~i, CHAIR
ATTEST:
JOHN S. BLACKLOCK, Chief Administrative Officer
and Clerk of the Board f~upervisors
i
By: x ~ ~~ ~
Page 272
September 10, 1966