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HomeMy WebLinkAboutM110894November 8. 1994 Call to order - Board of Supervisors room, County Administration Building, 25 County Center Drive, Oroville. Supervisors V. Meyer, Dolan, Houx, Thomas and Chair McLaughlin present. 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 Steve Dangaran, Neighborhood Church, Chico 94-334 Items removed from the Consent Agenda for Board consideration and action. 1. Budget transfer - action requested - APPROVE BUDGET TRANSFER B-48 (PUBLIC WORKS). (NO ACTION TAKEN) 2. General Assistance regulations - at the present time the County is not paying a full General Assistance cash grant to persons who cannot substantiate expenses for housing costs. The court, in the case of Bell v. Alameda County, has determined that each county must pay at least the full cash grant specified in Welfare and Institutions Code Section 17000.5 for recipients of General Assistance as set forth in Section 17000 - action requested - (1) ADOPT RESOLUTION WHICH ADOPTS A STANDARD OF AID AND CARE FOR PERSONS ELIGIBLE PURSUANT TO WELFARE AND INSTITUTIONS CODE SECTION 17000.5; (2) APPROVE OTHER CHANGES IN THE MANNER IN WHICH GENERAL ASSISTANCE CAN BE ADMINISTERED AS HAVE BEEN SPELLED OUT BY THE COURTS OF THE STATE; AND (3) APPROVE 8-51 TO FUND THE INCREASED COST OF GENERAL ASSISTANCE PAYMENTS (4/5 VOTE REQUIRED). 94-335 Consent Agenda 1. Approval of minutes - action requested - APPROVE MINUTES OF OCTOBER 11, 1994 AND OCTOBER 25, 1994. Page 307 November 8, 1994 November 8, 1994 94-335 2. Budget transfers - action requested - APPROVE BUDGET TRANSFERS B-41 (WATER SERVICES), B-42 (CORRECTION TO FINAL BUDGET), AND B-49 (PUBLIC HEALTH). 3. Anthony Baron - abandonment of a 60 foot right-of- way known as Lake Boulevard situated north of the intersection of Beaver Road and Cougar Road on property zoned A-5 (Agricultural - five acre parcels), identified as AP 027-020-063, -064, Palermo - action requested - ADOPT RESOLUTION 94- 125 SETTING A PUBLIC HEARING FOR DECEMBER 13, 1994 AT 10:00 A.M. AND AUTHORIZE THE CHAIR TO SIGN. 4. Everett Lewis - abandonment of a sanitary sewer easement on property zoned TP-160 (Timber Preserve - 160 acre parcels) and "U" (Unclassified), property located on the south side of Skyway and Cana Point Road, identified as AP 059-060-047 and 059-230-026 through 029, Stirling City - action requested - ADOPT RESOLUTION 94-126 SETTING A PUBLIC HEARING FOR DECEMBER 13, 1994 AT 10:15 A.M. AND AUTHORIZE THE CHAIR TO SIGN. 5. County Library donations - in accordance with Government Code Section 25355, donations of $1,310 from Chico Friends of the Library, $1,000 from Ruth Zemke, Oroville and $500 from Fraternal Order of Eagles, Magalia have been received for the Butte County Library Trust Fund for the purchase of books - action requested - ACCEPT DONATIONS AND AUTHORIZE LETTERS OF APPRECIATION. 6. Conveyance of County property - Fire Department/Biggs Volunteer Fire Department, Company No. 73 - the Fire Department wishes to declare surplus a 1980 Ford pickup (vin no. F37GRHD1000, County no. 390, license no. ZAZ6212) and return title to the Biggs Volunteer Fire Company No. 73. The volunteer company will sell the vehicle and place the funds in the company's treasury for future apparatus purchase - action requested - AUTHORIZE DONATION OF FIXED ASSET ITEM. (FROM 10- 25-94) 7. Award of bid no. 20-95 - vehicles - bids have been opened for the purchase of mid-size vehicles for Building and Grounds and the General Services-Motor Pool. The low bid to meet specifications for each vehicle is Lasher Auto Center of Woodland in the amount of $13,937.14, plus document fees - action requested - AWARD BID FOR TWO VEHICLES. Page 308 November 8, 1994 94-335 8. Award of bid no. 22-95 - fire engine - bids have been opened for the purchase of a triple combination, 4-wheel drive, 1250 gallon/minute fire engine for the Fire Department. The low bidder meeting specifications is Westates Fire Apparatus of Woodland in the amount of $161,690, plus tax - action requested - AWARD BID. 9. Award of bid no. 23-95 - tractor mounted rotary mower - bids have been opened for the purchase of a tractor rotary mower for the Public Works Department. The low bidder meeting specifications is Municipal Maintenance Equipment, Inc. of Sacramento in the amount of $41,907.41, plus tax - action requested - AWARD BID. 10. Notice of completion - Juvenile Hall Multi-Purpose Classroom - all work on the project has been completed in accordance with the plans and specifications - action requested - ACCEPT PROJECT AND AUTHORIZE FILING OF NOTICE OF COMPLETION. 11. Contract change order (CCO) no. 1 - Durham Fire Station remodel - the change order covers installation of three additional sectional overhead doors, $2,200, and extends the building overhang, constructs a wall, provides flashing, plaster, and includes addition of concrete steps at the front entrance, $1,200 - action requested - APPROVE CCO NO. 1 AND AUTHORIZE THE CHAIR TO SIGN. 12. Notice of completion - Durham Fire Station remodel - the project has been completed in accordance with the plans and specifications - action requested - ACCEPT PROJECT AND AUTHORIZE FILING OF NOTICE OF COMPLETION. 13. Mental Health Department - Board authorization is requested to purchase the Micro Business Applications software (to include an accounts receivable module, application payroll software, general ledger, and accounts payable module) in the maximum amount of $2,313.13 (REALIGNMENT AND FEDERAL) - action requested - APPROVE BUDGET TRANSFER B-50 AND PURCHASE OF FIXED ASSET ITEM. 14. Butte County Fair - 1994 budget - Board authorization is requested for an inter-budget transfer in the amount of $38,100 to bring the budget accounts into balance for the end of the 1994 fiscal year - action requested - APPROVE BUDGET TRANSFER 1994-1 AND AUTHORIZE THE CHAIR TO SIGN. Page 309 November 8, 1994 94-335 15. Butte County Fair - 1995 proposed budget - Board approval is requested of the Fair's budget in the amount of $669,857. This budget stays within the revenue parameters, and reflects the level of projected reserve required - action requested - APPROVE BUDGET AND AUTHORIZE THE CHAIR TO SIGN. 16. Butte County Fair - consideration of a request for a 30 day extension of the November 1, 1994 deadline for repayment of the annual loan granted to the Fair by the County pursuant to amendment 7 to the agreement with Butte County Fair Association - action requested - APPROVE REQUEST FOR 30 DAY EXTENSION OF LOAN REPAYMENT DATE. 17. Resolution requesting approval of an existing petty cash/revolving fund held by the Farm Advisor - action requested - ADOPT RESOLUTION 94-127 AND AUTHORIZE THE CHAIR TO SIGN. 18. Introduction of a salary ordinance amendment - as part of the final adopted budget for fiscal year 1994-95, the Personnel Department has prepared a salary ordinance amendment incorporating the allocated position control changes that were authorized to be filled effective December 3, 1994. Not included in this salary ordinance are the remainder of the requests for reclassification - action requested - WAIVE READING OF THE ORDINANCE. 19. Introduction of a salary ordinance amendment adding a "temporary" position of Air Pollution Control Engineer to the Air Pollution Control District to compensate for an employee who has been on a medical leave of absence close to one year. The Personnel Department, Auditor-Controller, County Counsel and Risk Management have been working together on personnel issues involving worker's compensation, especially in cases of long-term absences. The resolution sought in these cases is to add a temporary allocated position which will be tracked by both the Personnel and Auditor's Departments. Upon the return of the employee from the leave of absence, the temporary allocated position will be abolished - action requested - WAIVE READING OF THE ORDINANCE. Page 310 November 8, 1994 94-335 20. County Service Area No. 34 (Gridley Swimming Pool) - proposed is an amendment to the resolution establishing the Advisory Committee for the Gridley Swimming Pool and County Service Area No. 34, to name the governing Board of the Butte County Fair Association as the Advisory Committee - action requested - ADOPT RESOLUTION 94-128 AND AUTHORIZE THE CHAIR TO SIGN. 21. Notice of completion for construction of Feather Avenue and Triple Box Culvert across Ruddy Creek, County contract no. 26455B-89-1, Federal No. BRLO-5912-(009) - 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 FILING OF THE NOTICE OF COMPLETION. 22. Assignment of counsel - County Counsel requests Board approval to assign Snyder v. Butte County Sheriff to the law firm of Marsh, Marsh & Volpe - action requested - APPROVE ASSIGNMENT OF COUNSEL. 23. Assignment of counsel - County Counsel requests Board approval for the appointment of outside counsel, Rob Glusman, to represent county employee, Dixie Smith, in Shelton v. Butte County (Butte County Superior Court Case No. 118130) - action requested - APPROVE ASSIGNMENT OF COUNSEL. 24. Giarretto Institute - the District Attorney and Welfare Director request approval of a contract for services with Giarretto Institute, whereby County staff will provide training and operational expertise to other counties in the use of a Child Abuse Response Team (C.A.R.T.) system, for which Butte County is being used as a model in other jurisdictions. The contract specifies that County personnel will provide up to 220 hours of training and consulting for $20,000 plus expenses - action requested - APPROVE CONTRACT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. Page 311 November 8, 1994 94-335 25. 7-Up Bottling Company - proposed is a lease for eight adjacent sites located at 582 Rio Lindo Avenue, Suite A, 584 Rio Lindo Avenue, 584 Rio Lindo Avenue, Suites 1, 2, 3, 4 and 5, and 586 Rio Lindo Avenue, Suite C, occupied by various County Mental Health programs (7-Up Bottling Company has recently purchased these properties from the former landlord.) The term of the lease is from July 1, 1994 through September 30, 1998 for a maximum of $227,212.29 (1994/95 $52,416; 1995/96 $52,944; 1996/97 $53,797; 1997/98 $54,336; and 1998/99 $13,720) (FEDERAL/RESTRICTED GENERAL FUNDS/REALIGNMENT) - action requested - APPROVE LEASE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. 26. Berry Creek/Mooretown Tribal Health Organization - proposed is a contract with the Berry Creek/Mooretown Tribal Health Organization's Native Women's Alcohol and Drug Abuse Prevention Program. This program provides services to Native American women and female teens to prevent or assist in eliminating substance abuse within this specified population. The term of the contract is July 1, 1994 through December 31, 1994 in the maximum amount of $13,798.40 (FEDERAL BLOCK GRANT) - action requested - APPROVE CONTRACT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. 27. Butte County Office of Education (BCOE) - the proposed contract with BCOE is for Mental Health's Alcohol and Drug Services' Youth Services staff to provide at risk counseling/tobacco cessation/support services to at-risk students attending Concow, Spring Valley, Biggs Elementary, Biggs Middle/Senior High, Manzanita Elementary, Park Avenue, Community and Table Mountain Schools. The term of the contract is from October 1, 1994 through June 30, 1995 for a maximum revenue of $27,440 - action requested - APPROVE BUDGET TRANSFER B-47 APPROPRIATING UNANTICIPATED REVENUE AND CONTRACT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. Page 312 November 8, 1994 mbe 94-335 28. Oroville Elementary School District (OESD) - the proposed contract with OESD is for Mental Health's Alcohol and Druq Services' Youth Services staff to provide counseling and consultation services on site at Wyandotte, Stanford Avenue and Ophir Elementary School as well as home visits within the school district. The term of the contract is from November 1, 1994 though June 30, 1995 for a maximum unanticipated revenue of $10,688 - action requested - APPROVE BUDGET TRANSFER B-46 APPROPRIATING UNANTICIPATED REVENUE AND CONTRACT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. 29. Diane Reeder - proposed is an agreement for the provision of physical and occupational therapy services provided to children eligible for the California Children's Services (CCS) Program. The term of the agreement is November 1, 1994 through June 30, 1995 in the maximum amount of $23,000 (50$ STATE/25$ REALIGNMENT/25$ COUNTY) - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. 30. Small Business Association (SBA) Tree Planting Program - proposed is an agreement with the Department of Forestry and Fire Protection to provide grant funds under the SBA Tree Planting Program in the amount of $19,250, for the planting of trees in the Chapman-Mulberry District and the Little Chico Creek Corridor in the Chico area. It is proposed to fund the County's "in kind contribution" in the amount of $17,852 from Community Development Block Grant (CDBG) program income funds - action requested - ADOPT RESOLUTION 94-129 AUTHORIZING AND DIRECTING THE DIRECTOR- PUBLIC WORKS TO EXECUTE GRANT AGREEMENT AND ANY SUBSEQUENT AMENDMENTS ON BEHALF OF THE COUNTY AND AUTHORIZE THE CHAIR TO SIGN, AND APPROVE BUDGET TRANSFER B-52 APPROPRIATING CDBG PROGRAM INCOME TO FUND THE COUNTY'S "IN KIND CONTRIBUTION." 31. Digital Equipment Corporation - the Sheriff's Office provides all law enforcement agencies, within Butte County, with 24-hour a day access to nationwide warrant and criminal offender record information. Proposed is the annual renewal of the service agreement commencing October 1, 1994 through September 30, 1995 in the maximum amount of $981 monthly (DEPARTMENT BUDGET) - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL. Page 313 November 8, 1994 94-335 32. Archive Record Systems - Records and Image Management (RIM) project - proposed is an agreement to plan, coordinate and implement the cataloging and storage of the Department of Social Welfare's inactive, closed and archival records (to include the furnishing of all storage space, equipment, labor, software and training). The term of the agreement is November 1, 1994 through June 30, 1996 (current year cost $9,500/1995/96 annualized cost $15,000) (50$ FEDERAL/35$ STATE/15$ COUNTY) - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. 33. California Department of Social Services (CDSS) and the County Welfare Directors Association (CWDA) as the representative of the California Consortium of County Welfare Departments - child welfare services and foster care component of the Emergency Assistance Program - the proposed memorandum of understanding (MOU) allows for Federal reimbursement of certain emergency response activities, purchased services, and Social Worker provided services on behalf of eligible children - action requested - APPROVE CERTIFICATION FOR INCLUSION IN MOU AND AUTHORIZE THE CHAIR TO SIGN. MOTION: I MOVE TO APPROVE THE CONSENT AGENDA WITH THE REMOVAL OF BUDGET TRANSFER 8-48 (PUBLIC WORKS) AND ITEM 3.34. M S VOTE: l Y 2 Y 3 Y 4 Y 5 Y {Unanimously Carried) Regular Agenda 94-336 Items removed from the Consent Agenda for Board consideration and action. 1. General Assistance regulations - at the present time the County is not paying a full General Assistance cash grant to persons who cannot substantiate expenses for housing costs. The court, in the case of Bell v. Alameda County, has determined that each county must pay at least the full cash grant specified in Welfare and Institutions Code Section 17000.5 for recipients of General Assistance as set forth in Section 17000 - action requested - (1) ADOPT RESOLUTION 94- 130 WHICH ADOPTS A STANDARD OF AID AND CARE FOR PERSONS ELIGIBLE PURSUANT TO WELFARE AND INSTITUTIONS CODE SECTION 17000.5; (2) APPROVE OTHER CHANGES IN THE MANNER IN WHICH GENERAL ASSISTANCE CAN BE ADMINISTERED AS HAVE BEEN SPELLED OUT BY THE COURTS OF THE STATE; AND (3) APPROVE BUDGET TRANSFER B-51 TO FUND THE INCREASED COST OF GENERAL ASSISTANCE PAYMENTS (4/5 VOTE REQUIRED). Page 314 November 8, 1994 94-336 MOTION: I MOVE TO (1) ADOPT RESOLUTION 94-130 WHICH ADOPTS A STANDARD OF AID AND CARE FOR PERSONS ELIGIBLE PURSUANT TO WELFARE AND INSTITUTIONS CODE SECTION 17000.5; (2) APPROVE OTHER CHANGES IN THE MANNER IN WHICH GENERAL ASSISTANCE CAN BE ADMINISTERED AS HAVE BEEN SPELLED OUT BY THE COURTS OF THE STATE; AND (3) APPROVE BUDGET TRANSFER B-51 TO FUND THE INCREASED COST OF GENERAL ASSISTANCE PAYMENTS. S M VOTE: 1 N 2 Y 3 Y 4 Y 5 Y (Motion Carried) 94-337 Appointments - commissions and committees. a. Appointments to committee vacancies. (NONE) 94-338 Update on Sacramento legislative and budget activities. (158) (JOHN S. BLACKLOCK, CHIEF ADMINISTRATIVE OFFICER, REPORTED THERE IS NO ACTIVITY IN SACRAMENTO ON THE AT- RISK COUNTIES MEASURE BECAUSE THE ELECTION PROCESS TENDS TO INTERFERE WITH THE WORKINGS OF STATE GOVERNMENT DURING THIS TIME OF YEAR. ON THE SO-CALLED "TRIGGER" - THERE IS OPTIMISTIC NEWS THAT PERHAPS THE "TRIGGER" WILL NOT BE PULLED, AND THIS WILL FORESTALL THE NEXT ROUND OF STATE BUDGET CUTS WHICH WOULD MOST CERTAINLY IMPACT COUNTIES.) 94-339 "A Portrait of Success" - Department of Social Welfare's GAIN Program - action requested - ACKNOWLEDGE "PORTRAIT OF SUCCESSES" AND AUTHORIZE THE POSTING OF GAIN'S "SUCCESS STORIES" POSTERS. (200) MOTION: I MOVE TO ACKNOWLEDGE "PORTRAIT OF SUCCESSES" AND AUTHORIZE THE POSTING OF GAINS "SUCCESS STORIES" POSTERS. M S VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) 94-340 Report to the Board on an urgency ordinance (no. 3155)/resolution (no. 94-105) declaring a moratorium on well permits, with certain exemptions (domestic, municipal, emergency. agricultural, etc.), pending the preparation of an environmental impact report on the cumulative effects of additional wells - action requested: A. Consideration of a revised resolution proclaiming emergency caused by drought and imposing temporary moratorium on issuance of permits for constructing or deepening water wells - action requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. Page 315 November 8, 1994 94-340 B. Consideration of a revised ordinance proclaiming emergency caused by drought and imposing temporary moratorium on issuance of permits for constructing or deepening water wells - action requested - ADOPT ORDINANCE AND AUTHORIZE THE CHAIR TO SIGN. (FROM 10-25-94) (312) MOTION: I MOVE TO (Aj ADOPT RESOLUTION 94-131 AS PRESENTED AND AUTHORIZE THE CHAIR TO SIGN; AND (B) ADOPT ORDINANCE 3162 AS PRESENTED AND AUTHORIZE THE CHAIR TO SIGN. S M VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) 94-341 Introduction of an ordinance amending Section 28A-2 of Chapter 28A, entitled "Mobilehome and Mobilehome Lot Standards" of the Butte County Code, pertaining to violations of said chapter - action requested - WAIVE READING OF THE ORDINANCE. (FROM 10-11-94) (950) (NO ACTION TAKEN/CONTINUED TO DECEMBER 13, 1994) 94-342 Local Preference Policy - a resolution has been prepared which would establish a local preference policy when acquiring professional and specialized services - action requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (965) MOTION: I MOVE TO ADOPT RESOLUTION 94-132; AUTHORIZE THE CHAIR TO SIGN; AND ASK THAT THE BOARD RECEIVE A REPORT AND UPDATE IN SIX MONTHS TO SEE HOW THE POLICY IS WORKING. S M VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) 94-343 CLOSED SESSION: The Board recessed at 9:50 a.m. to reconvene in a closed session conference with legal counsel on significant exposure to litigation pursuant to Government Code Section 54956.9(b) (one potential litigation matter to be discussed). RECONVENE: The Board reconvened at 10:35 a.m. following a closed session conference with legal counsel on significant exposure to litigation pursuant to Government Code Section 54956.9(b) (one potential litigation matter to be discussed). (NO ANNOUNCEMENT) Page 316 November 8, 1994 ~- .-. arinas and Timed It 94-344 Continued hearing - Butte County Planning Commission (zoning ordinance amendment 94-02) - consideration of a proposed ordinance (negative declaration regarding environmental impacts has been recommended) amending Butte County Code Section 24-202, regarding senior citizen dwelling units, and Sections 24-303 and 24-304, regarding temporary mobile homes. The amendments to Section 24-202 would: remove restrictions limiting occupancy to senior citizens and allow second units for general occupancy, subject to specified regulations, in the A-SR, RT-1, S-R, A-R, and R-1 zones only; and require a use permit rather than an administrative permit. The amendments to Sections 24-303 and 24-304 would: modify the regulations for temporary mobile homes and simplify the permitting process to require an administrative permit rather than a use permit. (1251) MOTION: I MOVE TO A. FIND THAT A NEGATIVE DECLARATION HAS BEEN PREPARED IN COMPLIANCE WITH THE REQUIREMENTS OF CEQA AND HAS BEEN INDEPENDENTLY REVIEWED, ANALYZED, AND CONSIDERED AND REFLECTS THE INDEPENDENT JUDGEMENT OF THE COUNTY OF BUTTE; B. ADOPT A NEGATIVE DECLARATION REGARDING ENVIRONMENTAL IMPACTS; AND C. ADOPT ORDINANCE 3163 AMENDED AS FOLLOWS: SECTION 24-21 ADD DEFINITION: A SECOND UNIT IS A SECOND DWELLING LOCATED ON A PARCEL OR LOT, WHICH IS ATTACHED TO OR DETACHED FROM AN EXISTING PRIMARY RESIDENCE.; SECTION 24-202: ONE OF THE UNITS SHALL BE OWNER OCCUPIED. A SECOND UNIT SHALL BE PERMITTED IN ALL ZONING CLASSIFICATIONS WHICH ALLOW SINGLE FAMILY RESIDENTIAL DWELLINGS, AS A CONDITIONAL USE, SUBJECT TO OBTAINING A USE PERMIT.; AND PLANNING COMMISSION RECOMMENDED STANDARDS AND OPTIONS TWO THROUGH EIGHT CONSISTENT WITH REVISED SECTIONS 24-202 AND 24-21. S M VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) Page 317 November 8, 1994 94-345 Continued hearing - Butte County Planning Commission - consideration of a code amendment (negative declaration regarding environmental impacts has been recommended) amending Chapter 24, Comprehensive Zoning Ordinance of the Butte County Code. The amendment is to codify the past zoning interpretations, update definitions, wording and uses, simplify permitting procedures, and modify certain provisions regarding allowed uses. The amendment would apply to unincorporated areas Countywide. (FROM 10-11-94) (2414) MOTION: I MOVE TO ADOPT THE PLANNING COMMISSION'S RECOMMENDED ZONING CODE AMENDMENTS (AMEND SECTION 24-35.2 ANIMAL MAINTENANCE REQUIREMENTS; SECTION (B) ~JSE PERMIT REQUIRED FOR MORE INTENSE OR COMMERCIAL USE. TO ADD "REGARDLESS OF PARCEL SIZE, USE PERMITS SHALL BE REQUIRED FOR STABLES", AND THE NUMBERS CORRECTED ON OCTOBER 11, 1994 BE INCLUDED) TO AMEND CHAPTER 24, COMPREHENSIVE ZONING ORDINANCE OF THE BUTTE COUNTY CODE TO CODIFY THE PAST ZONING INTERPRETATIONS, UPDATE DEFINITIONS, WORDING AND USES, SIMPLIFY PERMITTING PROCEDURES, MODIFY CERTAIN PROVISIONS REGARDING ALIAWED USES, AND APPROVE RECOMMENDED REORGANIZATION OF THE DOCUMENT. THE AMENDMENT WOULD APPLY TO UNINCORPORATED AREAS COUNTYWIDE. S M VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) 94-346 Public hearing - consideration of a proposed ordinance adding Article VI, entitled Work Alternative Program Fees, to Chapter 36, entitled "Incarceration", of the Butte County Code - action requested - ADOPT ORDINANCE AND AUTHORIZE THE CHAIR TO SIGN. (2971) (**00) MOTION: I MOVE TO ADOPT ORDINANCE 3165 AND AUTHORIZE THE CHAIR TO SIGN, AND DIRECT THAT THE SHERIFF MEET WITH THE CHIEF ADMINISTRATIVE OFFICER TO DEVELOP A PLAN FOR ALLOCATION OF THE PROJECTED "INCARCERATION" FEES. S M VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) 94-347 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.) (27) (NONE) Page 318 November 8, 1994 November 8. 1994 94-348 CLOSED SESSION: The recessed at 11:30 a.m. to a closed session conference with legal counsel on actual litigation pursuant to Government Code Section 54956.9(a) (Abbott v. County of Butte and Turner v. County of Butte), and on pending litigation pursuant to Government Code Section 54956.9(b)(1) (DiDuca Construction v. County of Butte). RECONVENE: The Board reconvened at 12:05 p.m. following a closed session conference with legal counsel on actual litigation pursuant to Government Code Section 54956.9(a) (Abbott v. County of Butte and Turner v. County of Butte), and on pending litigation pursuant to Government Code Section 54956.9(b)(1) (DiDuca Construction v. County of Butte). COUNTY COUNSEL ANNOUNCEMENT: Abbott v. County of Butte (THE BOARD DID NOT HOLD A CLOSED SESSION/CONTINUED TO NOVEMBER 22, 1994); Turner v. County of Butte (NO ANNOUNCEMENT); and Diduca Construction v. County of Butte (THE BOARD DID NOT HOLD A CLOSED SESSION/NOT A CLOSED SESSION ITEM) 94-349 Communications received and referred. (COPIES OF ALL COMMUNICATIONS ARE AVAILABLE IN THE CLERK OF THE BOARD OFFICE.) a. E. Franklin Larrabee, President, Board of Directors, Western Canal Water District - forwards the District's position on the October 26, 1994 groundwater modeling study presented by Hydrologic Consultants, Inc. and a California Department of Water Resources presentation. (REFER TO COUNTY COUNSEL AND BUTTE COUNTY WATER COMMISSION) Page 319 November 8, 1994 November 8. 1994 94-349 b. Patricia S. Cragar, Welfare Director - submits to the Board the 1993f94 annual report of the Department of Social Welfare. (ACCEPT FOR INFORMATION) c. Larry French, Chief, Environmental Planning, District 2, California Department of Transportation - advises the Board that Caltrans is formally initiating studies relative to a proposed project to construct northbound and southbound passing lanes and to acquire right-of-way for future highway widening, on State Route 99 in Tehama County from the Butte County line to 0.4 mile north of South Avenue. A public information meeting will be held to discuss design features, environmental issues, and right-of-way requirements relative to the proposed protect on November 9, 1994, at 7 p.m. in Shasta Elementary's School's multipurpose room, Chico. (DIRECTOR-PUBLIC WORKS) d. Gary E. Sannar, Administrative Officer, Housing Authority of the County of Butte - forwards a copy of the Study of Homeless Population conducted in Butte County by Robert Waste & Associates. (ACCEPT FOR INFORMATION) ADJOURNMENT: There being no further business before the Board, the meeting was adjourned at 12:06 p.m. to reconvene on Tuesday, November 22, 1994 at 9:00 a.m. ,A A < < i V` . ED McLAUGHLIN, HAIR Butte County Board of Supervisors ATTEST: JOHN S. BLACKLO , Chief Administrative Officer and Clerk of he Board of Supervisors By: Page 320 November 8, 1994