HomeMy WebLinkAboutM092298MINUTES
September 22, 1998
R.J. BEELER,1st District
JANE DOLAN, 2nd District
MARY ANNE HOUX 3rd District
CURT JOSIASSEN, 4th District
FRED C. DAMS, 5th District
Call to Order - Board of Supervisors Room, County
Administration Building, 25 County Center Drive, Oroville.
Present: Supervisors Beeler, Dolan, Houx, Josiassen, and Chair
Davis. John S. Blacklock, Chief Administrative Officer; Susan
Minasian, County Counsel; and Marion Reeves, Assistant Clerk of
the Board.
Pledge of Allegiance to the Flag of the United States of
America.
Invocation - Pastor Dale Clark, Covenant Reformed Church,
Chico.
98-283 Items removed from the Agenda for Board consideration and
action.
1. Resolution opposing the anti-trapping initiative -
Proposition 4, the anti-trapping initiative, will have
negative effects on the public and industries in Butte
County. The Butte County Farm Bureau, the California
Cattlemen's Association, and the Water Districts in Butte
County have expressed opposition to this initiative -
action requested - ADOPT RESOLUTION AND AUTHORIZE THE
CHAIR TO SIGN.
2. Resolution in recognition of Susan Kaiser upon her
retirement from the Butte County Department of Public
Health - action requested - ADOPT RESOLUTION AND
AUTHORIZE THE CHAIR TO SIGN.
3. Resolution in Support of the Feather River Scenic Byway
Designation and Dedication - the Feather River Scenic
Byway is one of the 15 designated State or Federal scenic
drives in Northern California. Proposed is a resolution
in support of the October 3-4, 1998, dedication event -
action requested - ADOPT RESOLUTION AND AUTHORIZE THE
BOARD TO SIGN.
Page 293 September 22, 1998
Consent Agenda
98-284 1. Approval of minutes - action requested - APPROVE
MINUTES OF AUGUST 11, 2998; AUGUST 25, 1998; AND
SEPTEMBER 1, 1998.
2. County Library donations - in accordance with Government
Code Section 25455, a donation of $1,473.12 from Chico
Friends of the Library; $1,251 from Oroville Friends of
the Library; and $100 from Paula and Taylor Knight,
Newport Beach, have been received for the Butte County
Trust Fund for the purchase of books - action requested -
ACCEPT DONATION AND AUTHORIZE LETTERS OF APPRECIATION.
3. Permit Fee Waiver - the Paradise Rod and Gun Clezb has
applied for a Use Permit and processing charges on the
application have exceeded the original application
deposit of $700. The applicant is requesting Board
approval far a waiver of permit processing fees above the
original deposit amount - action requested - DENY
APPLICANT`S RE4UEST FOR PARTIAL WAIVER OF PROCESSING
FEES.
4. Comprehensive Land Use Plans (CLUPs)- the California
Department of Transportation, Aeronautics Division has
agreed to provide $81,000 in grant funding to Butte
County for the preparation of CLUPs for the four public
use airports in the County: Chico, Oroville, Paradise,
and Ranchaero. The City of Chico has tentatively agreed
to contribute $5,000 towards the CLUP preparation. The
Airport Land Use Commission {ALUC) staff prepared and
distributed Requests for Proposals with the sole
respondent being Shutt Moen & Associates of Santa Rosa.
County staff, CalTrans, and ALUC members have reviewed
the proposal and find it acceptable - action requested -
APPROVE AGREEMENT WITH SHUTT MOEN & ASSOCIATES IN AN
AMOUNT NOT TO EXCEED $86,000 AND AUTHORIZE THE CHAIR TO
SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE
AUDITOR CONTROLLER.
5. Butte County Jail Remodel Project - escrow agreement -
proposed is an escrow agreement far security deposits in
lieu of retention between Ginno Construction, Inc., and
Tehama Bank, setting forth an alternate form of the ten
percent retention. The agreement names Tehama Bank as
escrow agent, with all fees being paid by Ginno
Construction, Inc. - action requested - APPROVE AGREEMENT
AND AUTHORIZE THE GENERAL SERVICES DIRECTOR TO SIGN
SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-
CONTROLLER. (Contract No. X10688)
Page 294 September 22, 1998
98-284 6. Equipment repairs for microwave link - due to the severe
weather conditions of this past winter, maintenance is
needed at the St. Johns Microwave Site, which is the main
radio communications link for Butte County. A review of
the situation by the Federal Emergency Management Agency
(FEMA) resulted in a payment of $18, 450 for emergency
repairs to the microwave site - action requested -
APPROVE BUDGET TRANSFER B-830 ACCEPTING AND APPROPRIATING
UNANTICIPATED REVENUE; AND AUTHORIZE THE PURCHASE OF
REPAIR EQUIPMENT FOR THE MICROWAVE SITE. (4/5 vote
required)
7. Disaster Ambulance Services General Claim - Board
approval is requested on a claim for payment and a budget
transfer in the amount of $639.58 (Appropriation for
Contingencies) to cover the cost of evacuation services
provided to physically disabled persons by Chico
Paramedic Rescue during the evacuation order issued
during the "Late Storm of 1996" disaster - action
requested - APPROVE BUDGET TRANSFER B-031 IN THE AMOUNT
OF $639.58 TO COVER THE COST OF PROVIDING DISASTER
AMBULANCE SERVICES AND APPROVE CLAIM TO GHICO PARAMEDIC
RESCUE. (4/5 vote required)
8. 1998-99 Tax and Revenue Anticipation Notes (TRANS) -
the Butte County Office of Education is requesting Board
authorization, pursuant to Government Code Section 53853,
to issue a 1996-99 Tax and Revenue Anticipation Note
(TRAM) to allow the various school districts to meet cash
flow needs at low revenue points. This is a direct
obligation of the Butte County Office of Education and
the County has no fiscal requirement toward repayment -
action requested - ADOPT RESOLUTION 98-142 AUTHORIZING
ISSUANCE OF 1998-99 TAX AND REVENUE ANTICIPATION NOTES BY
THE BUTTE COUNTY OFFTCE OF EDUCATION AND AUTHORIZE THE
CHAIR TO SIGN.
9. Monthly Investment Report - the Treasurer-Tax Collector
submits the August 31, 1998, report in accordance with
the Butte County Statement of Investment Policy dated
July 1, 1998 - action requested - ACCEPT FOR INFORMATION.
10. Use of Community Development Block Grant (CDBG)
Program Income - Board approval is requested for the use
of $1,148 in CDBG Program Income funds to cover the cost
of removing contaminated soil from the County-owned
property located at 1650 E. 16th Street, Chico - action
requested - APPROVE USE OF PROGRAM INCOME.
Page 295 September 22, 1998
-;. ;
98-289 11. Introduction of a salary ordinance amendment - the Butte -
County Department of Behavioral Health has requested
the Personnel Department conduct two reclassification
studies due to changes in job duties and
responsibilities. Proposed is a salary ordinance
amendment which implements the recommendations of the
Personnel Department: Substance Abuse Services -
reclassify a current Administrative Services Assistant
incumbent to Auditor-Accountant I and flexibly staff the
position to Auditor-Accountant II/I; General Services -
reclassify an incumbent Accounting Specialist to Auditor-
Accountant I and flexibly staff the position to Auditor-
Accountant TT/I - action requested - WAIVE FIRST READING
OF THE ORDINANCE.
12. Introduction of a salary ordinance amendment - the
District Attorney-Family Support Division has requested
the Personnel Department conduct a reclassification study
of a position due to changes in jab duties and
responsibilities. Proposed is a salary ordinance
amendment which implements the recommendation of the
Personnel Department: reclassify a current Office
Assistant III incumbent to Administrative Services
Assistant - action requested - WAIVE FIRST READING OF THE
ORDINANCE
13. Introduction of a salary ordinance amendment - in
response to adjustments made to the fiscal year 1998-99 -
final budget, proposed is a salary ordinance amendment
implementing the following changes: Sheriff Department -
Operations: adds two positions of Deputy Sheriff; and
adds one position of Sheriff's Clerk II/I; Assessor's
Office: adds one position of Office Assistant II/I;
and adds one position of half-time Auditor-Appraiser
II/I; District Attorney-Criminal Division: deletes one
position Supervisor-Staff Support Services - action
requested -- WAIVE FIRST READING OF THE ORDINANCE.
19. Introduction of a salary ordinance amendment - the Hutte
County Department of Public Health has requested the
Personnel Department conduct a reclassification study of
a position due to changes in job duties and
responsibilities. Proposed is a salary ordinance
amendment which implements the recommendation of the
Personnel Department: reclassify a current Receptionist
incumbent to Medical Records Technician I, and flexibly
staff the position to Medical Records Technician II/I -
action reguested - WAIVE FIRST READING OF THE ORDINANCE.
Page 296 September 22, 1998
98-289 15, Introduction of a salary ordinance amendment - the
Department of Social Welfare has requested the Personnel
Department prepare a salary ordinance amendment which
implements changes in response to an agreement with the
Health and Welfare Agency Data Center as follows:
Welfare-Services - deletes one position of Social Worker
Supervisor II; and adds one term position of Social
Worker Supervisor II (term to end B-23-00); Welfare
Administration - adds one position of Social Worker
Supervisor II - action requested - WAIVE FIRST READING OF
THE ORDINANCE.
16. Resolution authorizing Butte Country Department of
Behavioral Health (BCDBH) to enter into Single Case
Agreements - proposed is a resolution which would
authorize the Director-Behavioral Health or his designee
to sign Single Case Agreements. These agreements provide
for documentation of services to patients, and allows
peyote or insurance carriers to reimburse BCDBH for those
services during the entire course of treatment - action
requested - ADOPT RESOLUTION 98-143 AND AUTHORIZE THE
CHAIR TO SIGN.
17. Resolution Proclaiming October 1998 as Domestic Violence
Awareness Month - action requested - ADOPT RESOLUTION
98-144 AND AUTHORIZE THE CHAIR TO SIGN.
18. Contract Change Order {CCO) No. 1 for the traffic signal
installation at Lower Wyandotte and Las Plumes Avenue -
CCO No. 1 provides adjustment of quantities to the
contract above and below the engineer's estimate in the
original contract due to a change in the road section,
for a total net increase in the contract amount of
$1,924.60 - action requested - APPROVE CCO NO. 1 AND
AUTHORIZE THE CHAIR TO SIGN.
19. Contract Change Order {CCO) No. 1 for construction of
storm damage facilities at various locations in the
Thermalito Area; County Project Na. SDR-96-1 - CCO No. 1
provides payment to the contractor far changes in pipe
sizes and an additional drop inlet, for a total net
increase of $4,220 - action requested - APPROVE CCO
NO. 1 AND AUTHORIZE THE CHAIR TO SIGN.
20. Notice of completion of work for reconstruction of
Hildale Avenue from State Route 162 to Oakvale Avenue;
County Project No. 26525B-96-1 - all work has been
completed in accordance with the plans and
specifications - action requested - ACCEPT CONTRACT
WORK; AUTHORIZE THE CHAIR TO SIGN THE NOTICE OF
COMPLETION; AND AUTHORIZE THE RECORDING OF THE NOTICE OE
COMPLETION.
Page 297 September 22, 1998
98-289 21. Program Supplement No. M012 to Administering Agency - -'
State Agreement No. 03-5912, modified November 29, 1995,
for Federal-Aid Projects requires execution of a Program
Supplement to the Master Agreement. Program Supplement
M012 provides funding ($50,778) for reimbursement of
construction costs for 1998 storm damage
restoration on Skyway, Ord Ferry Road, Aguas Frias Road,
Lower Honcut Highway, and Palermo Road; Project No.
ER-3614(001) - action requested - APPROVE PROGRAM
SUPPLEMENT AND ADOPT RESOLUTION 9$-145 AUTHORIZING
EXECUTION OF PROGRAM SUPPLEMENT M412 AND AUTHORIZE THE
CHAIR TO SIGN.
22. California Forest Highway 119 - Quincy-Oroville Road
Project Agreement; Froject CAPFH 119-2 (3) - Forest
Highway 119 (Quincy--Oroville Highway) which provides
access between 4uincy and Oroville has been programmed
for reconstruction and the 8.6 mile project section
between Lake Madrone and Mountain House is to be
constructed during 2003. Proposed is a project agreement
which provides for design work to be started - action
requested - ADOPT RESOLUTION 98-146 AUTHORIZING EXECUTION
OF CALIFORNIA FOREST HIGHWAY 119 QUTNCY-OROVILLE ROAD
PROJECT AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN; AND
APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT
TO APPROVAL OF COUNTY COUNSEL.
23. Butte Meadows Hillsliders Snowmobile Club - Board
approval is requested for an agreement which
provides continuation of snow plowing and grooming
services in the Jonesville area for fiscal year 1998-99
in the amount of $27,000, (Off-Highway Vehicle Fund) but
also allows up to $5,000 for maintenance expenses -
action requested - APPROVE AGREEMENT AND AUTHORIZE THE
CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND
THE AUDITOR-CONTROLLER. (Contract No. X11024)
24. Friday Night Live Team Mentor Pilot Project - the Butte
Gounty Department of Behavioral Health has received
approval for participation in the Friday Night Live Team
Mentor Pilot Project for Butte County. The term of the
grant is July 1, 1998, through June 30, 2000, with an
award amount of $27,500 per year. Proposed is an
agreement with the Tulare County Superintendent of
Schools to provide leadership in the implementation of
the pilot project - action requested - ADOPT RESOLUTION
98-147 AUTHORIZING PARTICIPATION IN THE-PILOT PROJECT;
AND APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN.
(Contract No. R40089)
Page 298 September 22, 1998
98-284 25. David S. Kornblum, CPA - proposed is a renewal of an
agreement with Butte County Department of $ehavioral
Health (BCDBH). Under this agreement Mr. Kornblum will
work with BCDBH staff to prepare the required Medicare
Cast Reports within the time frame set by Federal and
State regulations. The term of the agreement is
July 1, 1998, through June 30, 1999, in the maximum
amount of $11,000 (Realignment) - action requested -
APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN.
(Contract Na. X10695)
26. Glenn County Health Services - proposed is an agreement
with the Butte County Department of Behavioral Health
(BCDBH) to provide "Acute Psychiatric Inpatient" care to
residents of Glenn County referred to the BCDBH
Psychiatric Health Facility. The term of the
agreement is July 1, 1998, through ,Tune 30, 1999, with
BCDBH reimbursed a maximum of $80,000 - action
requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO
SIGN. (Contract No. R40090)
27. Willow Glen Care Center - proposed is Amendment C to an
agreement with the Butte County Department of Behavioral
Health for client placement at the Willow Glen Care
Center. The agreement is being amended $1,500
(Realignment) due to a higher than anticipated need for
placing clients at the facility - action requested -
APPROVE AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN.
(Contract No. X10785)
28. Tehama Recovery Center - proposed is a renewal agreement
with Butte County Department of Behavioral Health for
the provision of residential treatment services for drug
and/or alcohol abuse. Perinatal services are also
available to clients with children. The term of the
agreement is July 1, 1998, through June 30, 1999, in
the maximum amount of $86,343 (Federal Block Grant and
Perinatal Funds) - action requested - APPROVE AGREEMENT
AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X10699)
29. Automobile Insurance Fraud Prosecution Program - the
District Attorney is requesting approval to submit a
grant application to the California Department of
Insurance in the amount of $58,767 to fund an Automobile
Insurrance Fraud Prosecution Program -action requested -
ADOPT RESOLUTION 96-148 AUTHORIZING DISTRICT ATTORNEY TO
UNDERTAKE GRANT AWARD AGREEMENT AND AUTHORIZE THE CHAIR
TO SIGN.
30. California Library Literacy Service - proposed is the
fiscal year 1998-99 grant application for matching funds
for literacy services through the California Library
Literacy Service. The grant will provide a percentage
(approximately 25~) to match the County Library funds
($71,934) - action requested - APPROVE GRANT APPLICATION
AND AUTHORIZE THE DIRECTOR-LIBRARIES TO SIGN.
Page 299 September 22, 1998
~.-
98-284 31. State Department of Health Services - the Public Health
Department is requesting Board approval of an amendment
to the Tobacco Education Agreement (No. 89-97893-09) to
provide tobacco education services to the community.
This agreement will make available $150,000 (100$ State
funds) for the fiscal year 1998-99 programs. The term
of the agreement is amended to June 30, 2001. - action
requested - APPROVE AMENDMENT AND AUTHORIZE THE CHAIR TO
SIGN. (Contract No. R40092)
32. AIDS Master Grant Agreement - the State Department of
Health Services has made available $293,226 {100 State)
to support AIDS related education, counseling, testing,
and early intervention activities during the 1998-99
fiscal year. The Department of Public Health is
requesting approval of a master grant agreement for the
program - action requested - APPROVE MASTER GRANT
AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN; AND AUTHORIZE
THE DIRECTOR OF PUBLIC HEALTH TO SIGN MEMORANDUMS OF
UNDERSTANDING FOR THE SELECTED AIDS PROGRAMS SUBJECT TO
APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER.
(Contract No. R40091)
33. Butte County Air Quality Management District
(BCAQMD)/Department of Motor Vehicles {DMV) Registration
Surcharge Fee Grant Program - on July 16, 1998, the
BCAQMD approved funding for selected DMV grant requests.
Funding in the amount of $35, 000 was approved for the -~
County and proposed is an agreement for the resurfacing
of one mile of Schott Road to reduce fugitive dust
emissions - action requested - APPROVE AGREEMENT AND
AUTHORIZE THE DIRECTOR OF PUBLIC WORKS TO SIGN ON BEHALF
OF THE COUNTY. (Contract No. R40097)
34. Memorandum of Understanding (MOU) - the Butte County
Deputy Sheriff's Association - Law Enforcement Management
Unit and the County have reached an agreement on a
Memorandum of Understanding covering the period of
October 1, 1997, through September 30, 2001 - action
requested - RATIFY MEMORANDUM OF UNDERSTANDING AND
AUTHORIZE THE CHAIR TO SIGN.
35. State of California-Business, Transportation and Housing
Agency, Office of Traffic Safety - emergency scuba
diving/swift water rescue response grant agreement - on
July 14, 1998, the Board approved a grant agreement
(Contract No. R40080) for the purchase of scuba diving
equipment in the amount of $24,949. The final grant
approval has been received and the awarded amount has
been amended to $26,396 (100$ State). Board approval is
requested for an amended agreement reflecting the
corrected award amount - action requested - APPROVE
AMENDED AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN; AND
APPROVE BUDGET TRANSFER B-033 ACCEPTING AND APPROPRIATING
UNANTICIPATED REVENUE.
Page 300 September 22, 1998
;~.
98-284 36. California State University, Chico Research Foundation -
proposed is an agreement with the County for the
implementation of a county-wide tourism destination
marketing and visitor information services program. The
term of the agreement is twelve months in a maximum
amount of $15,000 (Transient Occupancy Tax) - action
requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO
SIGN SUBJECT TO APPROVAL OF THE COUNTY COUNSEL AND THE
AUDITOR-CONTROLLER. (Contract Na. X11022)
37. Harlen, Jones and Scurlock - Amendment Ho. 2 to Lease
Agreement No. X10025 - proposed is an amendment tp a
lease agreement with the Department of Social Welfare
for the facilities located at 2216 and 2218 Fifth
Avenue, Oroville. The term of the lease is October 1,
1998, through June 30, 2000, in the amount of $12,600 for
fiscal year 1998-99 and $16,800 for fiscal year 1999-00
(department budget) - action requested - APPROVE
AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO
APPROVAL OF COUNTY COUNSEL AND THE AUDITOR--CONTROLLER.
38. Drug Testing Memorandum of Understanding (MOU) - proposed
is a MOU between the Department of Social Welfare and the
Department of Public Health to provide alcohol and drug
testing services to clients of the Department of Social
Welfare who have been identified as needing alcohol
and/or drug testing as a component of their service plan.
The agreement in the amount of $40,000 (department
budget) covers fiscal year 1998-99 - action requested -
APPROVE MOU AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO
APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER.
39. Private Industry Council {PIC)- the Department of Social
Welfare is requesting Board approval of an agreement with
the Private Industry Council to administer, coordinate,
and monitor the Child Care Training Pilot Project for
Butte County. The agreement, in the amount of $165,000
(Ca1WORKs) covers reimbursement for administrative costs
incurred by PIC as well as subcontractors for specific
training programs - action requested - APPROVE AGREEMENT
AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF
COUNTY COUNSEL AND THE AUDITOR-CONTROLLER.
40. Local Child Care Planning Council (LCCPC)- request for
approval of certification of membership and bylaws - on
October 2$, 1997, the Board approved the designation of
the Child Care Planning Council as the Local Child Care
Planning Council as required by AB 1542 (Ca1WORKs). The
LCCPC is required to submit a certification statement and
bylaws to the California Department of Education-Child
Development Division - action requested - APPROVE
MEMBERSHIP CERTIFICATION STATEMENT AND BYLAWS AND
AUTHORIZE THE CHAIR TO SIGN.
Page 301 September 22, 1998
98-284 41. Chief Probation Officer - proposed is an amendment to the
employment agreement with the Chief Probation Officer, '~'
Helen Harberts. Pursuant to Welfare and Institutes Code
Section 270, the Chief Probation Officer is appointed by
the Juvenile Court Judge:. While the Superior Court is
the statutory appointing authority, the legal employer is
the County of Butte. The term of the proposed amendment
is four years, commencing February 22, 1999, and
terminating February 22, 2003; with a salary rate of
$75,003 per year. The effective date of the amendment is
September 1, 1998. All other terms, provisions and
amendments to the agreement remain in full force and
effect - action requested - ACCEPT THE EMPLOYMENT
AGREEMENT AMENDMENT FC7R HELEN HARBERTS AS CHIEF PROBATION
OFFICER FOR THE COUNTY OF BUTTE AND AUTHORIZE THE CHAIR
TO SIGN.
MOTION: I MOVE TO APPROVE THE CONSENT AGENDA WITH ITEM 3.04 AMENDED TO
READ, "THE CITY OF CHICO HAS TENTATIVELY AGREED,."; ITEM,3.11
AMENDED TO EXCHANGE THE WORDS BEHAVIORAL HEALTH-GENERAL,
SERVICES WITH SUBSTANCE .ABUSE SERVICES; AND THE REMOVAL OE
ITEMS 3.16, 3.18, AND 3.19.
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
Regular Agenda
98-285 Appointments - commissions and committees. (NONE)
98-286 Update on legislative and budget activities. {175) (JOHN S.
BLACKLOCK, CHIEF ADMINISTRATIVE OFFICER, STATED THAT THERE IS
NO NEW LEGISLATIVE ACTIVITY TO REPORT ON CURRENTLY. THE
GOVERNOR HAS UNTIL MIDNIGHT SEPTEMBER 30, 1998, TO SIGN OR VETO
BILLS UNDER CONSIDERATION AND ADDITIONAL INFORMATION WILL BE
REPORTED TO THE BOARD AS IT BECOMES AVAILABLE.
98-287 Presentation of a certificate to Mick Grey, Sheriff-Coroner and
Dr. Mayama Morehart, for a two-year accreditation by the
California Medical Association/Institute for Medical Quality.
The award is given for meeting medical standards for jail
health care - action requested - PRESENTATION BY RICHARD GRAY,
M.D., PRESIDENT, BUTTE-GLENN MEDICAL SOCIETY TO SHERIFF MICK
GREY AND DOCTOR MAYAMA MOREHART.
PRESENTATION BY RICHARD GRAY, M.D., PRESIDENT, BUTTE-GLENN
MEDICAL SOCIETY, TO MICK GREY, SHERIFF-CORONER; AND MAYAMA
MOREHART, M.D.
Page 302 September 22, 1998
98-288 Resolution Honoring Brian L. Rix, retired d'ustice, for his
contribution and service to the citizens of the County of
Butte - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN.
MOTION: I MOVE TO ADOPT RESOLUTION 9$-149 HONORING BRIAN L. RIX, AND
AUTHORIZE THE CHAIR TO SIGN.
5 M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
PRESENTATION OF RESOLUTION TO MRS. CATHY RIX BY CHAIR DAVIS.
RECESS: 9:15 A.M.
RECONVENE: 9:22 A.M.
98-289 Items removed from the Agenda for Board consideration and
action.
Resolution in recognition of Susan Kaiser upon her retirement
from the Butte County Department of Public Health - action
requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN.
MOTION: I MOVE TO ADOPT RESOLUTION 98-150 AND AUTHORIZE THE CHAIR TO
SIGN.
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
PRESENTATION TO SUSAN KAISER BY CHAIR DAVIS.
Resolution in Support of the Feather River Scenic Byway
Designation and Dedication - the Feather River Scenic Byway is
one of the 15 designated State or Federal scenic drives in
Northern California. Proposed is a resolution in support of
the October 3-4, 199$, dedication event - action requested -
ADOPT RESOLUTION AND AUTHORIZE THE BOARD TO SIGN.
MOTION: I MOVE TO ADOPT RESOLUTION 98-151 AND AUTHORIZE THE CHAIR fi0
SIGN.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
PRESENTATION TO THE BOARD BY EMILYN SHEFFIELD, FEATHER RIVER
SCENIC BYWAY COORDINATOR.
Page 303 September 22, 1998
~~ ~ ;
98-290 Drescher Tract Assessment District - an August 11, 1998,
the Board adopted a resolution approving formation of the ~"
Drescher Tract Assessment District., and subject to receipt of
a satisfactory grant deed, awarding the construction contract.
Some of the property owners within the District are unwilling
to sign the grant deed and the time to award the contract has
expired - action requested - FIND THAT THERE IS INSUFFICIENT
RIGHT-OF-WAX TO CONSTRUCT DRESCHER TRACT ROAD IN ACCORDANCE
WITH THE PLANS WHICH WERE APPROVED ON JUNE 23, 1998, THEREFORE,
THE ROAD CANNOT BE CONSTRUCTED; AND REJECT ALL BIDS FOR
CONSTRUCTION. (640)
AT THE REQUEST OE THE DEPARTMENT OF PUBLIC WORKS, NO BOARD
ACTION. WAS TAKEN.
98-291 Report to the Board - regarding bids to be received
September 21, 1998, for storm damage repair at 0.38 miles
northwest of Robinson Mill Road, Federal No. ER-3614(002};
County Project No. 27581-98-1 - action requested - AWARD
CONTRACT TO LOWEST RESPONSIBLE BIDDER AND AUTHORIZE THE CHAIR
TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDiTOR-
CONTROLLER. (1059)
MOTION: I MOVE TO AWARD THE CONTRACT TO ESCHERMAN CONSTRUCTION COMPANY,
IN THE AMOUNT OF $89,070, AND AUTHORIZE THE CHAIR TO SIGN
SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-
CONTROLLER.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
Page 304 September 22, 1998
98-292 Butte County Water Commission recommendations to the Board:
A. The County currently sells portions of its entitlement
water in Lake Oroville to two private water companies
(Del Oro Water Company and California Water Service
Company). The Butte County Water Commission is
recommending that the option of renegotiating these
agreements be examined - action requested - ACCEPT THE
RECOMMENDATIONS OF THE WATER COMMISSION AND DIRECT COUNTY
COUNSEL TO DISCUSS RENEGOTIATIONS OF THE AGREEMENTS WITH
DEL ORO WATER COMPANY AND CALIFORNIA WATER SERVICE
COMPANY AND PROVIDE A REPORT TO THE BOARD.
B. 1998 Turn-Back Pool Program - the Turn-Back Pool Program
offers the County the opportunity to turn back
additional water ordered to a common pool of project
water for possible sale to other entities. The
additional water sold in the Turn-Back Pool of 1996
produced $2,451 in revenue for the County. The Butte
County Water Commission is recommending the Board take
the necessary steps to participate in the 1999 Turn-Back
Pool Program - action requested - ACCEPT THE
RECOMMENDATION OF THE WATER COMMISSION AND DIRECT THE
WATER DIVISION TO TAKE THE NECESSARY STEPS TO PARTICIPATE
IN THE 1999 TURN-BACK POOL PROGRAM. (1125)
MOTION: I MOVE TO ACCEPT THE RECOMMENDATION OF THE WATER COMMISSION AND
DIRECT COUNTY COUNSEL TO DISCUSS RENEGOTIATIONS OF THE
AGREEMENTS WITH DEL ORO WATER COMPANY AND CALIFORNIA WATER
SERVICE COMPANY AND PROVIDE A REPORT TO THE BOARD.
M S
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y {Unanimously Carried)
MOTION: I MOVE TO ACCEPT THE RECOMMENDATION OF THE WATER COMMISSION AND
DIRECT THE WATER DIVISION TO TAKE THE NECESSARY STEPS TO
PARTICIPATE IN THE 1999 TURN-BACK POOL PROGRAM.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y {Unanimously Carried)
98-293 Items removed from the Agenda for Board consideration and
action.
Resolution opposing the anti-trapping initiative -
Proposition 4, the anti-trapping initiative, will have negative
effects on the public and industries in Butte County. The
Butte County Farm Bureau, the California Cattlemen's
Association, and the Water Districts in Butte County have
expressed opposition to this initiative -- action requested -
ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (1935)
MOTION: I MOVE TO ADOPT RESOLUTION 98-152 AND AUTHORIZE THE CHAIR TO
SIGN.
S M
VOTE: l Y 2 Y 3 Y 9 Y 5 Y {Unanimously Carried)
Page 305 September 22, 1996
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~~ ,,
9$-294 Consideration of the addition of an item to the agenda.
MOTION: I MOVE PURSUANT TO GOVERNMENT CODE 54954.2(b)(2) THAT THERE IS
A NEED TO TAKE IMMEDIATE ACTION AND THAT THE NEED FOR ACTION
CAME TO THE ATTENTION OF THE BOARD OF SUPERVISORS SUBSEQUENT TO
THE AGENDA BEING POSTED.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
Consideration of the Land Conservation .Committee's
recommendation to temporarily change the filing deadline
for Land Canse~rvation Act contract applications to
October 31, 1998. (1550)
MOTION: I MOVE TO WAIVE THE 199$ DEADLINE FOR FILING LAND CONSERVATION
ACT CONTRACTS FROM SEPTEMBER 15, 1998, TO OCTOBER 31, 199$.
M S
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
RECESS: 10:04 A.M.
RECONVENE: 10:16 A.M.
Page 306 September 22, 1998
Public Hearings and Timed Items
98-295 Public Hearing - Butte County Planning Cammissian -
consideration of an amendment to the Butte County General Plan
Land Use Element (item on which a negative declaration
regarding environmental impacts has been recommended} adding
Flexible Lot Size provisions and policies; and county-wide
Zoning Code Amendment to Chapter 24 of the Butte County Code,
to provide for variable lot size and/or density based on
subdivision, known as "flexible lot size provision", and
adopting a definition of "density" - action requested -
BASED ON CONCERNS RAISED BY THE AIRPORT LAND USE COMMISSION
(ALUC) AND THE BUTTE COUNTY FARM BUREAU, STAFF RECOMMENDS THE
BOARD LIMIT THE USE OF FLEXIBLE LOT SIZE PROVISIONS WITHIN
AIRPORT AREAS OF INFLUENCE AND EXCLUDE THE A-5 AND A-10
(AGRICULTURAL-5 ACRE PARCELS AND AGRICULTURAL-10 ACRE PARCELS)
ZONES UNTIL FURTHER REVIEW CAN BE DONE, AND:
A. SUBJECT TO ENVIRONMENTAL FINDINGS (A & B) AND GENERAL,
PLAN AND ZONING FINDINGS (A & B [STAFF REPORT DATED
SEPTEMBER 22, 1998]), ADOPT A RESOLUTION AMENDING THE
GENERAL PLAN LAND USE ELEMENT TO INCLUDE PROVISIONS AND
POLICIES FOR FLEXIBLE LOT SIZES AS STATED IN EXHIBIT "A"
OF THE STAFF REPORT DATED SEPTEMBER 22, 1998, AND
AUTHORIZE THE CHAIR TO SIGN; AND
B. SUBJECT TO ENVIRONMENTAL FINDINGS (A & B), AND GENERAL
PLAN AND ZONING FINDINGS (A & B [STAFF REPORT DATED
SEPTEMBER 22, 1998]}, ADOPT AN ORDINANCE AMENDING CHAPTER
29 OF THE BUTTE COUNTY CODE ADOPTING A DEFINITION OF
"DENSITY" AND FLEXIBLE LOT SIZE REQUIREMENTS FOR THE
AR-1 THROUGH AR-10 {AGRICULTURAL-RESIDENTIAL - 1 ACRE
PARCELS THROUGH AGRICULTURAL-RESIDENTIAL - 10 ACRE
PARCELS}; FR-1 THROUGH FR-160 (FOOTHILL RECREATIONAL -
1 ACRE PARCELS THROUGH FOOTHILL RECREATION - 160 ACRE
PARCELS}, M-R (MOUNTAIN OR RECREATIONAL SUBDIVISION-
RESIDENTIAL), RT-1-A {MINIMUM DENSITY RESIDENTIAL
TRAILER), SR-1 THROUGH SR-5 (SUBURBAN RESIDENTIAL - 1
ACRE PARCELS THROUGH SUBURBAN RESIDENTIAL - 5 ACRE
PARCELS), TM-1 THROUGH TM-160 (TIMBER MOUNTAIN - 1 ACRE
PARCELS THROUGH TIMBER MOUNTAIN - 160 ACRE PARCELS), AND
U (UNCLASSIFIED) ZONES AS STATED IN EXHIBIT "B" OF THE
STAFF REPORT DATED SEPTEMBER 22, 1998, AND AUTHORIZE THE
CHAIR TO SIGN. (1620)(**00)
PUBLIC HEARING OPENED AND CLOSED.
BOARD DIRECTION TO STAFF TO COORDINATE A BOARD-HOSTED PUBLIC
EVENING (6:00 P.M.} WORKSHOP TO DISCUSS FLEXIBLE LOT SIZE
ZONING IN GR TER DETAIL.
Page 307 September 22, 1998
96-296 Public Hearing- Gary L. Fairbanks ~ Use Permit - consideration
of an appeal of the Planning Commission` s approval of a Use
Permit (item on which a negative declaration with mitigation -"'~
measures regarding environmental impacts has been recommended)
to allow a dog kennel for 24 dogs on a 9.82 acre parcel zoned
A-5 (Agricultural-5 acre parcels) on property located on the
south side of Louis Avenue, at 3032 Louis Avenue, approximately
1,270 feet west of Montana Avenue, identified as APN 027-270-
025, southwest of Palermo - action requested - SUBJECT TO
ENVIRONMENTAL FINDINGS (A-C), AND ZONING ORDINANCE FINDING (A)
(STAFF REPORT DATED SEPTEMBER 22, 1998), STAFF RECOMMENDS THE
BOARD APPROVE THE USE PERMIT TO AZLOW A PERSONAL HOBBY DOG
KENNEL FOR UP TO 12 ADULT DOGS SUBJECT TO THE
CONDITIONS CONTAINED IN EXHIBIT "A" OF THE STAFF REPORT DATED
SEPTEMBER 22, 1,998. (**1065)
MOTION: SUBJECT .TO ENVIRONMENTAL FINDINGS (A-C), AND ZONING ORDINANCE
FINDING (A} (STAFF REPORT DATED~SEPTEMBER 22, 1998), I MOVE TO
ADOPT A NEGATIVE DECLARATION AND APPROVE THE USE PERMIT TO
ALLOW A PERSONAL HOBBY DOG KENNET, FOR UP TO 12 ADULT DOGS
SUBJECT TO THE CONDITIONS CONTAINED IN EXHIBIT "A" OF THE STAFF
REPORT DATED SEPTEMBER 22, 1998.
M S
VOTE: l Y 2 N 3 N 4 Y 5 Y (Motion Carried}
Page 30$ September 22, 1998
98-297 CLOSED SESSION: The Board recessed at 12:20 p.m. to a closed
session conference with legal counsel
regarding actual litigation pursuant to
Government Code Section 54956.9(a}: 1. Butte
County v. Cofer; 2. Equal ,Employment
Opportunity Commission Case No. 370970059;
conference with legal counsel regarding
significant exposure to litigation pursuant to
Government Cade Section 54956.9{b}{1}: two
potential cases; public employee performance
evaluation pursuant to Government Code Section
54957: 1. County Counsel; 2. Public
Guardian/Public Administrator; and a
conference with labor negotiator pursuant to
Government Code Section 54957.6: Agency
negotiator: Don Turko; Employee organizations:
Butte County Employees Association, Butte
County Management Employees Association,
Social Services Workers Unit, and Butte County
Law Enforcement Officers Association (General
Unit and Management-Supervisory Unit}
RECONVENE: The Board reconvened at 1:36 p.m. from a
closed session conference with legal counsel
regarding actual litigation pursuant to
Government Code Section 54956.9(a); 1. Butte
County v. Cofer; 2. Equal Employment
Opportunity Commission Case No. 370970059;
conference with legal counsel regarding
significant exposure to litigation pursuant to
Government Code Section 54956.9{b)(1): two
potential cases; public employee performance
evaluation pursuant to Government Code Section
54957: 1. County Counsel; 2. Public
Guardian/Public Administrator; and a
conference with labor negotiator pursuant to
Government Code Section 54957.6: Agency
negotiator: Don Turko; Employee organizations:
Butte County Employees Association, Butte
County Management Employees Association,
Social Services Workers Unit, and Butte County
Law Enforcement Officers Association (General
Unit and Management-Supervisory Unit) {NO
ANNOUNCEMENTS)
Page 309 September 22, 1998
Public Hearings and Timed Items
98-298 Public Hearinq - County Service Areas Charges - consideration of ~""
the 1998-99 fiscal, year per parcel service charges pursuant to
Government Cade Section 25210.77a - action requested - ADOPT
RESOLUTION CONFIRMING COUNTY SERVICE AREA PER PARCEL CHARGES iN
THE COUNTY OF BUTTE FOR FISCAL-YEAR 1998--99. [FROM 9-~1-9$]
(**3240)(***00)
MOTION: I MOVE TO ADOPT RESOLUTION 98-153 CONFIRMING COUNTY SERVICE
AREA PER PARCEL CHARGES IN THE COUNTY OF BUTTE FOR FISCAL YEAR
199$-99 AND AUTHORIZE THE CHAIR TO SIGN.
M S
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
98-299 Robert and Ann Stephens - Development Agreement - consideration
of a Development Agreement to define the development rights for
a 230 acre site proposed for a rezone from SR-1 (Suburban
Residential - 1 acre parcels) and SR-1/OS (Suburban
Residential - 1 acre parcels/Open Space) to SR-1/PD (Suburban
Residential - 1 acre parcels/Planned Development) on property
located on the west side of Hicks Lane immediately adjacent to
the Chico Municipal Airport, approximately between Keefer
Slough and Mud Creek, identified as AP 047-250-141, Chico -
action requested - STAFF RECOMMENDS THE BOARD UPHOLD THE
PLANNING COMMISSION'S RECOMMENDATION AND DENY THIS PROJECT. IF
THE BOARD WISHES TO APPROVE THE REQUESTED AMENDMENT, STAFF
RECOMMENDS THE BOARD MAKE A MOTION OF INTENT TO APPROVE THE
REQUEST AND DIRECT STAFF TO PREPARE FINDINGS ADDRESSING THE ~,
ADOPTION OF ENVIRONMENTAL DOCUMENTS, AIRPORT LAND USE
COMMISSION CONSISTENCY, AND PROJECT FINDINGS, INCLUDING THE
ADOPTION OF AN ORDINANCE ENTERING INTO A DEVELOPMENT AGREEMENT
WITH. APPLICANT ON A PORTION OF APN-047-250-141 (STAFF
REPORT DATED SEPTEMBER 22, 1998). (FROM 6-28-98) (***097)
MOTION: I MOVE FOR A MOTION OF INTENT TO APPROVE THE PROPOSED
DEVELOPMENT AGREEMENT (ATTACHMENT "A" TO STAFF REPORT DATED
SEPTEMBER 22, 1998) AND DIRECT STAFF TO PREPARE THE NECESSARY
FINDINGS ADDRESSING THE ADOPTION OF ENVIRONMENTAL DOCUMENTS,
AIRPORT LAND USE COMMISSION CONSISTENCX, AND PROJECT FINDINGS;
INCLUDING THE ADOPTION OF AN ORDINANCE ENTERING INTO A
DEVELOPMENT AGREEMENT WITH APPLICANT.
M 5
VOTE: l Y 2 Y 3.Y 4 Y 5 Y (Unanimously Carried)
Page 310 September 22, 1998
98-300 Public Hearing - Central Butte General Plan Amendment -
consideration of a request by the project applicant to "deny
without prejudice" the Central Butte County General Plan
Amendment. With this request the Board will not be holding a
public hearing on the merits of the application. The project
proposes the creation of a new General Plan land use
designation of "Agricultural Preserve/Planned Community"
incorporating the standards and criteria described in the
project and the application of the new designation to
approximately 18,000 acres in the vicinity of Highways 249, 99,
191 (Clark Road) and east of the community of Durham - action
requested - STAFF RECOMMENDS THE BOARD DENY GENERAL PLAN
AMENDMENT APPLICATION (96-04) WITHOUT PREJI3DICE. {STAFF REPORT
DATED SEPTEMBER 22, 1998) (***1102)
MOTION: I MOVE TO DENY GENERAL PLAN AMENDMENT APPLICATION 96-04.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
98-301 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.)
1. Rico Cuneo addressed the Board and expressed his
displeasure with the procedure on the Central Butte
application denial hearing. He stated that he felt his
time was wasted if the hearing was not necessary to
achieve the same outcome that would have been achieved
even if the hearing had not been held.
Page 311 September 22, 1996
Communications
98-302 Communications received and referred. (COPIES OF ALL
COMMUNICATIONS ARE AVAILABLE IN THE CLERK OF THE BOARD OFFICE.)
1. James C. Pedri, P.E., Assistant Executive Officer, Shasta
Cascade Watershed, writes to the Baard to give notice
pursuant to State Health and Safety Code Section 25180,
of groundwater contamination violations by companies
along the Midway and Hegan Lane, Chico. (REFERRED TO
CHIEF ADMINISTRATIVE OFFICER, COUNTY COUNSEL, AIRECTOR-
PUBLIC HEALTH, DIRECTOR-ENVIRONMENTAL HEALTH, PROGRAM
MANAGER-ENVIRONMENTAL HEALTH [9-3-9$])
2. Emily Alma, Chico, writes to the Board to express
concerns over the M & T Ranch proposal to lease several
hundred acres of agricultural lands for the purpose of
gravel mining, and to encourage the Board to oppose this
proposal when it comes before the Board for
consideration. (REFER TO DIRECTOR-DEVELOPMENT SERVICES)
3. Doe Mill and Butte Creek Canyon Property Owners
write to the Board to make a formal complaint regarding
the declining condition of Doe Mill Road from Powelton
Road via Butte Creek Canyon and ending at Garland Road
(Road C210), and requesting the County's determination as
to which agency is responsible for the maintenance of
this road. (REFER DIRECTOR OF PUBLIC WORKS)
9. Marsha L. Berkbigler, Director Government Relations, TCI
Cablevision of California, Inc., writes to the
Administrative Office to notify the County of the merger
agreement with AT&T. Under the terms of the agreement
AT&T will become the new parent company of TCI. (ACCEPT
FOR INFORMATION}
ADJOURNMENT: There being. no further business before the
Board, the meeting was adjourned at 2:45 p.m.
to reconvene on Tuesday, October 13, 1998, at
9:00 a.m.
/~-..> i
Fred C. Davis, Cha~.r
ATTEST:
John S. Blacklock, Chief Administrative Officer
and Clerk of the Board of Supervisors
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Page 312 September 22, 1998