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HomeMy WebLinkAboutM112294Dedication ceremony and open house - Butte County Jail Call to order - Board of Supervisors room, County Administration Building, 25 County Center Drive, Oroville. 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 Larry Lane, Neighborhood Church, Chico Consent Agenda 94-350 1. Approval of minutes - action requested - APPROVE MINUTES OF NOVEMBER 8, 1994. 2. Budget transfers - action requested - APPROVE BUDGET TRANSFERS B-55 (PUBLIC HEALTH), B-56 (CAPITAL PROJECTS/JUVENILE HALL), B-57 (BUILDINGS AND GROUNDS), AND B-60 (PUBLIC HEALTH). 3. County Library donations - in accordance with Goverrunent Code Section 25355, donations of $1,539 from Friends of the Library-Oroville, and $400 from Elkind & Sweet Communications, Inc., San Francisco have been received for the Butte County Trust Fund for the purchase of books - action requested - ACCEPT DONATIONS AND AUTHORIZE LETTERS OF APPRECIATION. 4. Fish and Game Commission - action requested - APPOINT MIKE MURRISH (DISTRICT 2) TO A TERM TO EXPIRE DECEMBER 31, 1998. Page 321 November 22, 1994 November 22. 1994 94-350 5. Report to the Board - Blakeley Western - denied General Plan Amendment (item on which a draft Environmental Impact Report has been prepared) to the text and map of the Land Use Element changing the designation from Grazing and Open Lands and Low Density Residential to Industrial, Commercial, Medium Density Residential, Low Density Residential, and Public for property zoned "U" (unclassified), R-1 (Residential), and A-40 (Agricultural - 40 acre parcels), property located along the west side of Highway 99, north of Neal Road and along the east side of Oroville-Chico Highway, north of Neal Road, identified as AP 040- 050-024, -054, -064, -067 and AP 040-120-019, south of Chico area - action requested - ACCEPT FOR INFORMATION. 6. Federal Emergency Management Agency (F.E.M.A.) - Flood Insurance Rate Map (FIRM) - Board approval is requested to file application with F.E.M.A. to amend the FIRM panels 0205B and 0210B to show areas known to flood in the Butte Creek Canyon area - action requested - AUTHORIZE FILING OF APPLICATION, AUTHORIZE CHAIR TO SIGN, AND REQUEST THAT THE DEPARTMENT OF PUBLIC WORKS SUBMIT APPLICATION TO F.E.M.A. AND PROVIDE ALL NECESSARY INFORMATION. 7. Oroville Wyandotte Irrigation District - proposed is a property tax exchange agreement for Pinecrest Road Annexation District No. 2 (Paul Corning) (LAFCo 95-12) - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. 8. Oroville Wyandotte Irrigation District - proposed is a property tax exchange agreement for Country Oaks Road Annexation District No. 1 (Donald Dirks) (LAFCo 95-13) - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. 9. Public Health Department - Solid Waste Program - notice has been received indicating that the California Integrated Waste Management Board has awarded $19,366 to Butte County. Board authorization is requested to purchase a vehicle in the maximum amount of $12,000 (100$ STATE) for the program - action requested - APPROVE BUDGET TRANSFER B-62 APPROPRIATING PROGRAM REVENUE AND AUTHORIZE PURCHASE OF FIXED ASSET ITEM. Page 322 November 22, 1994 94-350 10. Award of bid no. 14-95 - Jail kitchen remodel - bids have been opened for the remodel of the jail kitchen with the low bidder being PBM Construction of Roseville in the amount of $774,302 - action requested - AWARD BID. 11. Butte County Courthouse project - Change Order Policy - a resolution has been prepared setting forth a change order policy for the Butte County Courthouse project - action requested - ADOPT RESOLUTION 94-133 AND AUTHORIZE THE CHAIR TO SIGN. 12. Contract change order (CCO) no. 1 - Courthouse early site improvements - CCO No. 1, in the increasing amount of $552.12, provides for the installation of a 24" x 10" stainless steel style sleeve required by the Thermalito Irrigation District for water service to the court - action requested - APPROVE CCO NO. 1 AND AUTHORIZE THE CHAIR TO SIGN. 13. Contract change order (CCO) no. 2 - Courthouse early site improvements - CCO No. 2, in the increasing amount of $7,787, provides for the repair of an eroded ravine behind the court, installation of 180 feet of drainage pipe, install energy dissipator, and backfill of pipe and contouring of the ravine area - action requested - APPROVE CCO N0. 2 AND AUTHORIZE THE CHAIR TO SIGN. 14. Notice of Completion - Butte County Jail - the project has been completed in accordance with the plans and specifications - action requested - APPROVE THE PROJECT AND AUTHORIZE FILING OF THE NOTICE OF COMPLETION. 15. Compressed Natural Gas (CNG) Stations - in accordance with the Equipment Use and Maintenance Agreement between the County and Pacific Gas & Electric (PG&E) adopted August 23, 1994, PG&E has nearly completed the CNG fueling station located in Chico - action requested - APPROVE PG&E TO ADMINISTER AND COORDINATE THE INSTALLATION OF THE PARADISE, OROVILLE AND BUTTE COUNTY PUBLIC WORKS YARD COMPRESSED NATURAL GAS (CNG) FUELING STATIONS (PG&E WILL PROVIDE THEIR SERVICES AT NO COST AND WILL REVIEW, APPROVE AND SUBMIT SUBCONTRACTORS CLAIMS FOR PAYMENT BY THE COUNTY) AND TO ADMINISTER THE WORK OF TECHNICAL AND SKILLED SUBCONTRACTORS FOR THE INSTALLATION OF THE THREE CNG STATIONS (FUNDED BY PROPOSITION 116 CLEAN AIR AND TRANSPORTATION IMPROVEMENT FUNDS AND A $50,000 DONATION FROM PG&E). Page 323 November 22, 1994 94-350 16. Mental Health Department - the department contracts with Victor Treatment Centers to provide an adolescent day treatment and medication monitoring program for children at the Center's residential care facility in Redding, CA. The Center receives 50$ of the Medi-Cal revenue for the services provided by their facility and matches that amount with private funds to provide the required dollars to cover 100$ of the total program cost. Under this contract, the Center also sub-contracts with the County's Mental Health Department to provide the billing support services and the utilization review component of the program - action requested - APPROVE BUDGET TRANSFER B-61 ALLOCATING AND APPROPRIATING $255,448 IN UNANTICIPATED MEDI- CAL REVENUE. 17. Investments information report - the Treasurer-Tax Collector submits the October 31, 1994 report in accordance with the County's Statement of Investment Policy dated June 1, 1994 - action requested - ACCEPT FOR INFORMATION. 18. Adoption 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 - ADOPT ORDINANCE 3165 AND AUTHORIZE THE CHAIR TO SIGN. (FROM 11-8-94) 19. Adoption 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 - ADOPT ORDINANCE 3166 AND AUTHORIZE THE CHAIR TO SIGN. (FROM 11-8-94) Page 324 November 22, 1994 November 22, 1994 94-350 20. Introduction of a salary ordinance amendment adding one Administrative Analyst II/I position (RESTRICTED GAS TAX FUNDS) to the Public Works Department Administrative Unit to provide assistance with increasing administrative work activity - action requested - WAIVE READING OF THE ORDINANCE. 21. Resolution proclaiming World AIDS Day on December 1, 1994 - action requested - ADOPT RESOLUTION 94-134 AND AUTHORIZE THE CHAIR TO SIGN. (PRESENTATION BY JOHN REED, CHAIR, BUTTE COUNTY AIDS TASK FORCE AND TERRIE STEWART, BUTTE COUNTY HEALTH EDUCATION SPECIALIST AND STAFF MEMBER TO THE BUTTE COUNTY TASK FORCE ON AIDS. CHAIR McLAUGHLIN, ON BEHALF OF THE BOARD, THANKED MR. REED AND EXPRESSED THE BOARDS APPRECIATION TO HIM AND THE MEMBERS OF THE AIDS TASK FORCE FOR THE WORK THEY DO ON BEHALF OF AIDS VICTIMS.) 22. Notice of completion for reconstruction of 12th Street, from State Highway 162 to Grand Avenue, County contract no. 26451-92-1 - all contract work has been completed in accordance with plans and specifications - action requested - ACCEPT CONTRACT WORK, AUTHORIZE CHAIR TO SIGN THE NOTICE OF COMPLETION, AND AUTHORIZE FILING OF THE NOTICE OF COMPLETION. 23. State Department of Water Resources - 1994 Drought Water Bank - proposed is amendment no. 1 to the agreement which adds funding to the contract of $116,000 and identifies the names and estimated quantities of water purchased from within Butte County - action requested - ADOPT RESOLUTION 94-135 APPROVING THE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. 24. Rural Community Fire Protection Grant - Board approval is requested for an agreement, for one year commencing August 1, 1994, for distribution of $4,431.47 in funds under the Rural Community Fire Protection Program of the Cooperative Forestry Assistance Act of 1978 - action requested - ADOPT RESOLUTION 94-136 AUTHORIZING THE CHAIR TO EXECUTE SAID AGREEMENT ON BEHALF OF THE COUNTY AND AUTHORIZE THE CHAIR TO SIGN. Page 325 November 22, 1994 V 94-350 25. Butte County Jail - State Board of Correction agreement - amendment no. 7 will increase Butte County's allocation of Jail Bond Act monies recognizing reverted funds. This includes funding the jail kitchen remodel $325,000 (StateJ$243,750 and local/$81, 250) , and security screen for the new fail exercise yard (State/$60,000 and localj$20,000) - action requested - APPROVE BUDGET TRANSFER B-63, AMENDMENT NO. 7 AND AUTHORIZE THE CHAIR TO SIGN. 26. Parent Education Network (PEN) - proposed is an agreement for parenting services in the form of parenting classes, parent support groups, individual parent education, in-home parent education as well as parent education related staff development (Mental Health Department Alcohol and Drug Services). The term of the agreement is July 1, 1994 through June 30, 1995 in the amount of $16,715.25 (FEDERAL) - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR- CONTROLLER. 27. 1994-95 County Medical Services Program (CMSP) - proposed is an agreement with the California Department of Health Services to participate in the 1994-95 CMSP Program, which provides medical and dental services to eligible low-income residents of Butte County. Financing for the program comes from County realignment revenue, County participation fees, State contributions and Proposition 99 Tobacco funding - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR- CONTROLLER. MOTION: I MOVE TO APPROVE THE CONSENT AGENDA AS PRESENTED. s M VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) $eqular Agenda 94-351 Appointments - commissions and committees. (115) a. Appointments to committee vacancies. (NONE) Page 326 November 22, 1994 94-352 Butte County Flag - presentation by 4-H Citizenship Project members of their California Focus Project to design and have made a Butte County Flag - action requested - APPROVAL OF THE IDEA AND INPUT FROM THE BOARD OF SUPERVISORS. (117) MOTION: I MOVE TO SUPPORT THE OROVILLE 4-H CITIZENSHIP PROJECT TO PRODUCE A FLAG FOR BUTTE COUNTY. M S VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) 94-353 Report to the Board - fund raising program for tax deductible contributions to the Children's Trust Fund - as of November 8th approximately $8,000 in contributions have been received from over 300 citizens - action requested - AUTHORIZE LETTERS OF APPRECIATION TO CITIZENS CONTRIBUTING TO THE PREVENTION OF CHILD ABUSE. (285) MOTION: I MOVE TO AUTHORIZE LETTERS OF APPRECIATION, JOINTLY SIGNED BY THE BOARD CHAIR AND THE TREASURER-TAX COLLECTOR, TO CITIZENS CONTRIBUTING TO THE CHILDREN'S TRUST FUND FOR THE PREVENTION OF CHILD ABUSE. S M VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) Public Hearings and Timed Items 94-354 Public hearing - consideration of the adoption of the Final Draft of the Non-Disposal Facility Element (NDFE) which has been prepared in accordance with the mandates set forth by Assembly Bill 939 (the California Integrated Waste Management Act of 1989). If adopted, said element will become a component of the County Integrated Waste Management Plan which is currently being prepared - action requested - ADOPT RESOLUTION 94-137 ADOPTING THE NON-DISPOSAL (RECYCLING) FACILITY ELEMENT OF THE COUNTY OF BUTTE PURSUANT TO THE CALIFORNIA INTEGRATED WASTE MANAGEMENT ACT OF 1989. (501) MOTION: I MOVE TO ADOPT RESOLUTION 94-137 ADOPTING THE NON-DISPOSAL (RECYCLING) FACILITY ELEMENT OF THE COUNTY OF BUTTE PURSUANT TO THE CALIFORNIA INTEGRATED WASTE MANAGEMENT ACT OF 1989. M S VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) Page 327 November 22, 1994 November 22. 1994 94-355 Continued hearing - Green Rock Quarries, Inc. - consideration of an appeal of the Planning Commission's denial of a use permit (proposed negative declaration with mitigation measures regarding environmental impacts has been recommended) to allow the modification of an existing use permit no. 89-6 on property zoned "U" (unclassified) located on Coal Canyon Road, east of Highway 70, approximately 1/2 mile north of Highway 149, identified as AP 041-140-014+, Oroville. (590) (HEARING OPENED AND CONTINUED OPEN TO TUESDAY, DECEMBER 13, 1994 AT 11:45 A.M.) 94-356 Update on Sacramento legislative and budget activities. (725) (REPORT BY JOHN S. BLACKLOCK, CHIEF ADMINISTRATIVE OFFICER AND SUPERVISOR DOLAN ON THE CALIFORNIA STATE ASSOCIATION OF COUNTIES (CSAC) ANNUAL MEETING IN LONG BEACH ON NOVEMBER 15-18, 1994) 94-357 Items removed from the Consent Agenda for Board consideration and action. (NONE) 94-358 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.) (1080) 1. Candace Grubbs, County Clerk-Recorder - presented to the Board the Official Election Summary of the Consolidated General Election of November 8, 1994. 2. Jane Davis, Biggs - requested Board consideration of the removal of the Gridley-Biggs corridor from the Agricultural Element of the General Plan. 3. Vern Chadwick, Oroville - expressed his concerns regarding the County's Hepatitis A Immunization Program. Page 328 November 22, 1994 ~- --. November 22, 1994 94-359 Continued hearing - Don Doerschlaq - consideration of an appeal of the Planning Commission's denial of an administrative permit (item determined to be categorically exempt from environmental review) to allow a senior citizen dwelling no larger than 1200 square feet for one or two persons age 62 years or over on property zoned TM-5 (Timber Mountain - five acre parcels), property located on the east side of Wintergreen Lane, approximately 800 feet north of Schott Road, at 15970 Wintergreen Lane, identified as AP 056-280-041, Forest Ranch. (FROM 10-25-94) Continued hearing - Don Doerschlag - consideration of an appeal of the Planning Commission's denial of an administrative permit (item determined to be categorically exempt from environmental review} to allow a senior citizen dwelling no larger than 1200 square feet for one or two persons age 62 years or over on property zoned TM-5 (Timber - Mountain - five acre parcels), property located on the north side of Wanda Lane, approximately 300 feet west of Barry Lane at 4899 Wanda Lane, identified as AP 056-280-042, Forest Ranch. (FROM 10-25-94) (1816) MOTION: I MOVE TO UPHOLD THE APPEAL AND ADOPT ENVIRONMENTAL FINDINGS: A. FIND THAT THIS APPLICATION FOR AN ADMINISTRATIVE PERMIT TO ALLOW A SENIOR CITIZENS DWELLING UNIT IS CATEGORICALLY EXEMPT UNDER CEQA; ZONING ORDINANCE FINDINGS: A. FIND THAT THIS APPLICATION MEETS THE REQUIREMENTS OF SECTION 24-202 OF THE BUTTE COUNTY CODE WITH THE FOLLOWING CONDITIONS; B. THE PROPOSED USE OF THE PROPERTY WILL NOT IMPAIR THE INTEGRITY AND CHARACTER OF THE ZONE IN WHICH THE LAND LIES AND THAT THE USE WOULD NOT BE UNREASONABLY INCOMPATIBLE WITH OR INJURIOUS TO SURROUNDING PROPERTY OR DETRIMENTAL TO THE HEALTH, SAFETY AND GENERAL WELFARE OF THE PERSONS RESIDING OR WORKING IN THE NEIGHBORHOOD, OR TO THE GENERAL HEALTH, SAFETY AND WELFARE OF THE COUNTY BECAUSE THE APPLICATION LIMITS THE TIME FRAME FOR THE KEEPING OF THE SENIOR CITIZEN DWELLING UNIT; AND ACTION: A. SUBJECT TO THE FINDINGS INDICATED IN SECTION 1 AND 2 OF THIS REPORT, APPROVE THE ADMINISTRATIVE PERMITS FOR DON DOERSCHLAG ON AP 056-280-042 AND -041, SUBJECT TO THE FOLLOWING CONDITIONS OF APPROVAL.; B. CONDITIONS OF APPROVAL: 1. THE "LIVING AREA", MEANING THE INTERIOR HABITABLE FLOOR SPACE AREA OF A DWELLING UNIT INCLUDING Page 329 November 22, 1994 94-359 BASEMENTS AND ATTICS, BUT NOT INCLUDING A GARAGE OR ANY ACCESSORY STRUCTURE, SHALL NOT EXCEED 1,200 SQUARE FEET.; 2. THE SENIOR CITIZEN DWELIING UNIT IS INTENDED FOR THE SOLE OCCUPANCY OF ONE (1) ADULT 62 YEARS OF AGE OR OVER OR TWO (2) ADULT PERSONS, ONE OF WHOM IS 62 YEARS OF AGE OR OVER. AN AFFIDAVIT OF COMPLIANCE WITH THE AGE REQUIREMENTS OF THIS SECTION SHALL BE RECORDED IN THE OFFICE OF THE RECORDER PRIOR TO ISSUANCE OF BUILDING PERMITS. SAID AFFIDAVIT SHALL INCLUDE THE LEGAL DESCRIPTION OF THE LOT OR PARCEL AND SHALL CONSTITUTE A COVENANT RUNNING WITH THE LAND, BINDING UPON THE ORIGINAL OWNERS AND THEIR HEIRS, SUCCESSORS AND ASSIGNS, LIMITING THE OCCUPANCY OF THE SENIOR CITIZEN DWELLING UNIT TO THE CONDITIONS DESCRIBED IN THIS SECTION.; 3. THE SENIOR CITIZEN DWELLING UNIT SHALL NOT BE SOLD AS A SEPARATE UNIT UNLESS A PARCEL CONTAINING THE UNIT IS CREATED IN COMPLIANCE WITH THE EXISTING ZONING AND SUBDIVISION ORDINANCES AND THE RESULTING DENSITY IS IN CONFORMANCE WITH THE GENERAL PLAN.; 4. TWO OFF-STREET PARKING SPACES SHALL BE PROVIDED FOR THE SENIOR CITIZEN DWELLING UNIT IN ADDITION TO THE PARKING SPACES REQUIRED FOR THE PRIMARY DWELLING UNIT.; 5. PROVIDE SEWAGE DISPOSAL FACILITIES AND A POTABLE WATER SUPPLY WHICH MEET ENVIRONMENTAL HEALTH REQUIREMENTS.; 6. ALL SITE DEVELOPMENT STANDARDS AS REQUIRED BY THE ZONING DISTRICT IN WHICH THE UNIT IS LOCATED SHALL BE MET.; 7. THE SENIOR CITIZEN DWELLING UNIT SHALL BE A CONVENTIONALLY CONSTRUCTED BUILDING OR A MOBILE HOME THAT COMPLIES WITH THE NATIONAL MANUFACTURED HOUSING CONSTRUCTION AND SAFETY STANDARDS ACT OF 1974, EXCEPT THAT IN THE "A", "FR", AND "TM" SERIES OF ZONES A MOBILE HOME, AS DEFINED IN SECTION 24-21.28, MAY BE USED. TRAVEL TRAILERS AND RECREATIONAL VEHICLES SHALL NOT BE ALLOWED AS A SENIOR CITIZEN DWELLING UNIT.; 8. THE BUTTE COUNTY FIRE DEPARTMENT REQUIRES THAT ALL NEW STRUCTURES MEET THE FIRE SAFE REGULATIONS OF PRC 4290 AND PROVIDE AN ALL WEATHER ACCESS TO THE SITE FOR A 40,000 POUND FIRE APPARATUS.; 9. THE APPROVAL OF THIS PERMIT CONSTITUTES APPROVAL ONLY TO THE EXTENT THAT THE PROJECT COMPLIES WITH THE BUTTE COUNTY CODE AND ALL OTHER APPLICABLE REGULATIONS; AND 10. THE SENIOR CITIZEN DWELLING UNIT SHALL BE LIMITED TO A MAXIMUM TIME FRAME OF FIVE (5) YEARS FROM THE DATE OF APPROVAL OF THE ADMINISTRATIVE PERMIT; Page 330 November 22, 1994 94-359 AND 11. THE REQUIREMENTS OF ALL CONCERNED GOVERNMENTAL AGENCIES HAVING JURISDICTION BY LAW, INCLUDING BUT NOT LIMITED TO THE ISSUANCE OF APPROPRIATE PERMITS, SHALL BE MET. NOTE: MINOR CHANGES MAY BE APPROVED ADMINISTRATIVELY BY THE DIRECTOR OF DEVELOPMENT SERVICES OR HIS DESIGNEE, UPON RECEIPT OF A SUBSTANTIATED WRITTEN REQUEST BY THE APPLICANT. PRIOR TO SUCH APPROVAL, VERIFICATION MUST BE MADE BY EACH DEPARTMENT OR DIVISION THAT THE MODIFICATION IS CONSISTENT WITH THE APPLICATION, FEES PAID AND ENVIRONMENTAL DETERMINATION AS CONDITIONALLY APPROVED. CHANGES DEEMED TO BE MAJOR OR SIGNIFICANT IN NATURE SHALL REQUIRE A FORMAL APPLICATION FOR AMENDMENT . S M VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) 94-360 CLOSED SESSION: The Board recessed at 11:23 a.m. to a closed session conference with legal counsel for actual litigation pursuant to Government Code Section 54956.9[x] (Abbott v. County of Butte and Turner v. County of Butte), a conference with legal counsel regarding significant exposure to litigation pursuant to Government Code Section 54956.9[b] (one potential case to be discussed), reappointment of County Counsel pursuant to Government Code Section 54957; a conference with labor negotiator pursuant to Government Code Section 54957.6; agency negotiator: to be appointed; unrepresented employee: Susan Minasian, and a conference with labor negotiator Bill Avery pursuant to Government Code Section 54957.6. Page 331 November 22, 1994 November 22. 1994 94-360 RECONVENE: The Board reconvened at 12:45 p.m. following a closed session conference with legal counsel for actual litigation pursuant to Government Code Section 54956.9[a] (Abbott v. County of Butte and Turner v. County of Butte), a conference with legal counsel regarding significant exposure to litigation pursuant to Government Code Section 54956.9[b] (one potential case to be discussed), reappointment of County Counsel pursuant to Government Code Section 54957; a conference with labor negotiator pursuant to Government Code Section 54957.6; agency negotiator: to be appointed; unrepresented employee: Susan Minasian, and a conference with labor negotiator Bill Avery pursuant to Government Code Section 54957.6. COUNTY COUNSEL ANNOUNCEMENT: THE BOARD UNANIMOUSLY VOTED TO REAPPOINT COUNTY COUNSEL TO A FOUR YEAR TERM, AND A CONTRACT WILL BE BROUGHT TO THE BOARD FOR APPROVAL AT A SUBSEQUENT MEETING. CLOSED SESSION: The Board recessed to lunch at 12:46 p.m. to be followed by a continued closed session at 1:30 p.m. for a conference with labor negotiator Bill Avery pursuant to Government Code Section 54957.6. RECONVENE: The Board reconvened at 3:35 p.m. following a closed session conference with labor negotiator Bill Avery pursuant to Government Code Section 54957.6. (NO ANNOUNCEMENTS) Page 332 November 22, 1994 November 22. 1994 94-361 Communications Communications received and referred. (COPIES OF ALL COMMUNICATIONS ARE AVAILABLE IN THE CLERK OF THE BOARD OFFICE.) a. Linda Langerwerf, Secretary-Treasurer, Langerwerf Dairy, Inc. - requests cancellation of the notice of nonrenewal of a Land Conservation Act agreement on property located on the north side of Durham- Dayton Highway, approximately 2800 feet east of Esquon Road, identified as AP 040-140-002 and -071, east of Durham. (REFER TO ASSESSOR AND DIRECTOR- DEVELOPMENT SERVICES) b. Gunther L. Sturm, P.E., Lassen District Engineer, Drinking Water Field Operations Branch, State Department of Health Services - forwards the DWR evaluation of Butte County's Primacy Delegation Program which shows that "overall" the County has continued with a good small water systems program and has met the goals proposed in the 1993-94 Local Primacy Evaluation Report workplan. (ACCEPT FOR INFORMATION) c. Robert J. Kerstiens, Chairman, State Board of Forestry - requests an update on the County's progress in the development of local guidelines for hardwood resources management. (REFER TO CHIEF, FIRE DEPARTMENT AND DIRECTOR-DEVELOPMENT SERVICES) d. David M. Wells, General Manager, Chico Area Recreation and Park District - forwards a "Draft" copy of the proposed Rules and Regulations being considered by the Board of Directors of the District, and requests Board review of the document and receipt of any comments by December 15, 1994. (ACCEPT FOR INFORMATION) e. Richard A. Wilson, Director, State Department of Forestry and Fire Protection - forwards the California Forest Legacy Program Draft Assessment of Need and requests Board comments both written and in person at one of their public meetings. (REFER TO DIRECTOR-DEVELOPMENT SERVICES) Page 333 November 22, 1994 November 22, 1994 ADJOURNMENT: There being no further business before the Board, the meeting was adjourned at 3:35 p.m. to reconvene on Tuesday, December 13, 1994 at 9:00 a.m. ~C ED McLAUGH Butte County Board of Supervisors ATTEST: JOHN S. BLACKLO Chief Administrative Officer and Clerk of a Board of Supervisors .} By: ~ - Page 334 November 22, 1994 PAGE N0. 335 WAS OMITTED IN ERROR