HomeMy WebLinkAboutM121394pecember 13, 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. 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 Curt Jarboe, Grace Baptist Church,
oroville
94-362 Items removed from the Consent Agenda for Board
consideration and action.
1. Aids Task Force - action requested - APPOINT GAIL
RICHELIEU AND GINO WILSON.
2. Ordinance amending the County Zoning Code - action
requested - (1) DETERMINE THAT IT IS NOT FEASIBLE
TO PREPARE A FAIR AND ADEQUATE SLTNII~IARY OF THE
ORDINANCE AMENDING THE COMPREHENSIVE ZONING
ORDINANCE OF THE BUTTE COUNTY CODE (ARTICLES II AND
III OF CHAPTER 2 4 OF THE BUTTE COUNTY CODE) ; AND
(2) ORDER PUBLICATION OF DISPLAY ADVERTISEMENTS
PERTAINING TO THE ADOPTION OF SAID ORDINANCE, AS
SPECIFIED IN THE MEMORANDUM FROM COUNTY COUNSEL
DATED DECEMBER 6, 1994, AS A COST-SAVINGS MEASURE
IN LIEU OF PUBLICATION OF THE COMPLETE ORDINANCE
TEXT.
3. Mental Health Department - Medi-Cal payments for
the provision of an adolescent day treatment and
medication monitoring program for children at
Victor Treatment Centers, Inc. residential care
facility, Reddinq have now been received - action
requested - APPROVE BUDGET TRANSFER B-068
ALLOCATING (REVENUE ACCOUNT 4521700) AND
APPROPRIATING (541-001 536.011) $255,448 IN
UNANTICIPATED MEDI-CAL REVENUE.
Page 336 December 13, 1994
94-363 4. County Library donations - in accordance with
Government Code Section 25355, donations of $5,000
from Friends of the Library, Paradise, $1,065 from
Chico Friends of the Library, and $1,000 from Mary
R. Raymond, The Robert Raymond Foundation, Inc.,
Glen Ridqe, NF have been received for the Butte
County Trust Fund for the purchase of books -
action requested - ACCEPT DONATIONS AND AUTHORIZE
LETTERS OF APPRECIATION.
5. Appointment of nominees where a declaration of
candidacy form has been filed for the November 8,
1994 Consolidated General Election - action
requested - APPOINT MICHAEL T. SHEPHERD, JEFF R.
SMITH AND JIM WALKER TO FOUR YEAR TERMS ON CHICO
AREA RECREATION AND PARK DISTRICT; THERESA E.
GIVENS, JAMES JOSEPH MURPHY AND DEAN O. TALLEY TO
FOUR YEAR TERMS ON DURHAM RECREATION AND PARK
DISTRICT; MICHAEL A. HEATH AND DAVID S. NARASKY TO
FOUR YEAR TERMS ON FEATHER RIVER RECREATION AND
PARK DISTRICT; ROBERT GRIMM, LESLIE R. JOHNSON AND
ALBERT McGREEHAN TO FOUR YEAR TERMS ON PARADISE
RECREATION AND PARK DISTRICT; VURDEN L. TOLMAN TO A
FOUR YEAR TERM ON THERMALITO IRRIGATION DISTRICT,
DIVISION 3; ERNEST L. REYNOLDS TO A FOUR YEAR TERM
ON THERMALITO IRRIGATION DISTRICT, DIVISION 5;
WALTER F. ZAHND TO A FOUR YEAR TERM ON PARADISE
IRRIGATION DISTRICT; THOMAS E. GILLEY, HARRY L.
HUDSON AND DONALD J. OHRT TO FOUR YEAR TERMS ON
MAGALIA COUNTY WATER DISTRICT; RICHARD L. LEACH
AND RICHARD E. NYSTUEN TO FOUR YEAR TERMS ON EL
MEDIO FIRE DISTRICT; EVA M. TULL TO A TWO YEAR TERM
ON EL MEDIO FIRE DISTRICT; AND RICHARD W. DUNKEL TO
A FOUR YEAR TERM ON LIME SADDLE COMMUNITY SERVICES
DISTRICT.
6. Butte County Fair Board - action requested -
REAPPOINT NADINE GILLUM (DISTRICT 2), JOE CARLZLE
(DISTRICT 4), AND R. R. DICK CASSADY (DISTRICT 4)
TO TERMS TO EXPIRE JANUARY 4, 1999.
7. Durham Mosquito Abatement District - action
requested - REAPPOINT ALBERT AMATOR AND WILLIAM
"BILL" DEMPSEY TO TERMS TO EXPIRE DECEMBER 31,
1998.
8. Mental Health Board - action requested - REAPPOINT
NINA DAMS (CONSUMER/FAMILY), LISA DeMATTEIS
(PUBLIC), JEAN WOLD (PROFESSIONAL), AND D. ROBERT
KELLERMAN {PROFESSIONAL), AND APPOINT RICHARD
RATLEDGE (CONSUMER/FAMILY), JERRY LEA
(PROFESSIONAL) AND MEDA SEELY (CONSUMER/FAMILY) TO
TERMS TO EXPIRE DECEMBER 31, 1998.
Paqe 337
December 13, 1994
94-363 9. Oroville Mosquito Abatement District - action
requested - REAPPOINT RUSSELL JONES AND RODNEY MIMS
TO TERMS TO EXPIRE DECEMBER 31, 1996.
10. Award of bid no. 24-95 - Public Works dump trucks -
bids have been received and evaluated for the
purchase of two (2) dump trucks for the Public
Works Department. The low bid meeting
specifications is F. B. Hart Company in the amount
of $45,623 for each truck, plus tax - action
requested - AWARD BID TO F. B. HART COMPANY.
11. Development Services - Board authorization is
requested for replacement of computer equipment
(IBM compatible 486 with peripherals, tape back up,
ink jet printer and postscript printer for the
Government Information System [GIS]) in the maximum
amount of $5,169 as a result of a department break
in and theft - action requested - APPROVE BUDGET
TRANSFER B-076 AND PURCHASE OF FIXED ASSET ITEMS.
12. Durham Memorial Hall re-roof - Board authorization
is requested to add the re-roofing of the Durham
Memorial Hall at an estimated cost of $28,000 to
the approved list of major maintenance items in the
Buildings and Grounds Maintenance ISF budget -
action requested - APPROVE PROJECT AS MAJOR
MAINTENANCE ITEM.
13. Notice of completion - Gridley Memorial Hall
reroof - the project has been completed in
accordance with the plans and specifications -
action requested - ACCEPT PROJECT AND AUTHORIZE
FILING OF THE NOTICE OF COMPLETION.
14. Mental Health Department - Board authorization is
requested to purchase a computer system with
printer, computer desk, clothes dryer, and
camcorder with tripod (maximum amount of
$4,925/REALIGNMENT FUNDS) for the adolescent crisis
residential facility being established in Chico -
action requested - APPROVE BUDGET TRANSFER B-068
TRANSFERRING $40,000 (TO INCLUDE $4,925 FIXED
ASSETS) FROM 1993-94 MENTAL HEALTH REALIGNMENT
TRUST FUNDS TO 1994-95 REVENUE ACCOUNT (4511603)
AND EXPENDITURE ACCOUNTS AS REQUESTED, AND APPROVE
PURCHASE OF FIXED ASSET ITEMS.
Page 338
December 13, 1994
94-363 15. Welfare Department - Board authorization is
requested to purchase one 486DX personal computer
with color monitor, software and license, and one
laser jet printer for the Supplemental Security
Income (SSI) Outreach and Advocacy Program in the
maximum amount of $4,180 (FEDERAL) - action
requested - APPROVE PURCHASE OF FIXED ASSET ITEMS.
16. Welfare Department - Board authorization is
requested to purchase one 486DX personal computer
with color monitor, software and license, and one
laser jet printer (maximum amount of
$4,000/FEDERAL/STATE/COUNTY) to replace an existing
computer assigned to the Auditor-Controller's
Department that is utilized in the preparation of
the Department's Quarterly Administrative Expense
Claim - action requested - APPROVE PURCHASE OF
FIXED ASSET ITEMS.
17. Community Police Matching Funds - action
requested - AUTHORIZE AUDITOR-CONTROLLER TO
ESTABLISH A TRUST ACCOUNT TO RECEIVE CONTRIBUTIONS
TO ASSIST IN MEETING IACAL MATCHING FUNDS FOR THE
FEDERAL VIOLENT CRIME CONTROL AND LAW ENFORCEMENT
ACT, "COPS ON THE BEAT" PROGRAM.
18. Probation Department - Title IV-A, Emergency
Assistance Program - the County's Probation
Department wishes to participate in a Federally
funded reimbursement program administered by the
California Department of Social Services. The
Title IV-A, Emergency Assistance Program, allows
for reimbursement of costs associated with minors
in placement - action requested - APPROVE BUDGET
TRANSFER B-069 ACCEPTING AND ALLOCATING TITLE IV-A
FUNDS, AND DIRECT THE DIRECTOR-PERSONNEL TO PREPARE
A SALARY ORDINANCE AMENDMENT FOR BOARD APPROVAL
ADDING THE NECESSARY PERSONNEL TO MEET THE PROGRAM
CRITERIA.
19. Butte County Overall Economic Development
Corporation, Inc. - proposed is an agreement in the
maximum amount of $750 for the administration of a
Housing and Community Development Block Grant (No.
93-EDBG-277 for $30,000) for the development of an
industry intelligence report by the Butte County
Economic Development Corporation, Inc. - action
requested - APPROVE BUDGET TRANSFER B-071 AND
AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN.
Page 339
December 13, 1994
94-363 20. Amendment No. 1 to consultant services agreement
for administration of Community Development Block
Grant No. 92-STBG-599 - proposed is a contract
amendment to the consultant services agreement with
Connerly and Associates, Inc. for administration of
the 1992 CDBG Program, to extend the term of the
agreement to June 30, 1994. The term extension is
necessary to accommodate program closeout and no
additional cost is involved - action requested -
APPROVE CONTRACT AMENDMENT NO. 1 AND AUTHORIZE THE
CHAIR TO SIGN.
21. Adoption 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 - ADOPT ORDINANCE 3167 AND AUTHORIZE THE
CHAIR TO SIGN. (FROM 11-22-94)
22. Introduction of a salary ordinance amendment -
Department of Social Welfare - (1) transfer of one
Social Worker IV/III position from GAIN (570-002)
to Services (570-004); (2) transfer of one Social
Worker III/II position frog Services to GAIN (this
will leave the authorized position totals for the
GAIN and Services budget units unchanged); and (3)
in the Perinatal Program (570-007), add a one-half
time Office Assistant II/I position. Funding is
from within the current department budget
(FEDERAL/STATE) - action requested - WAIVE READING
OF THE ORDINANCE. (WELFARE DEPARTMENT)
23. Resolution in recognition of Eleanor M. Guy upon
her retirement from the Auditor-Controller's Office
after 19+ years of dedicated service to the County
of Butte - action requested - ADOPT RESOLUTION 94-
138 AND AUTHORIZE THE CHAIR TO SIGN.
24. California Conservation Corps - proposed is an
agreement with the California Conservation Corps
(CCC) to provide labor to assist in the
construction of a pedestrian path within the 20th
Street Park in the Chapman-Mulberry District, in
the Chico area. Total cost of CCC labor shall not
exceed $5,500, proposed to be funded from Housing
and Urban Development Program Income - action
requested - APPROVE BUDGET TRANSFER B-077 AND
AUTHORIZE DIRECTOR-PUBLIC WORKS TO EXECUTE
AGREEMENT ON BEHALF OF THE COUNTY.
Page 340
December 13, 1994
94-363 25. Resolution declaring stop intersections (Dark
Canyon Road at Big Bend Road and the southerly end
of Zink Road at Bald Rock Road) - traffic control
considerations deem it advisable that stop signs be
installed at the "T" intersections of Dark Canyon
Road at Big Bend Road and the southerly end of Zink
Road at Bald Rock Road - action requested - ADOPT
RESOLUTION 94-139 DECLARING STOP INTERSECTIONS AND
AUTHORIZE CHAIR TO SIGN.
26. Allison-Ross corporation - proposed is a renewal to
the usage agreement for the TIP/30 (operating
system enhancement) software for the Data
Processing Department's mainframe computer which
changes the term from 12 months to 11 months
commencing October 1, 1994 and reduces the amount
from $15,390.00 to $14,107.50 on a prorated basis -
action requested - APPROVE AMENDMENT AND AUTHORIZE
THE GENERAL SERVICES DIRECTOR TO SIGN SUBJECT TO
APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-
CONTROLLER.
27. United States Forest Service (USFS) and the Bureau
of Land Management (BLM) - proposed is a memorandum
of understanding (MOU) which establishes procedures
for reviewing applications, processing permits, and
inspecting mining operations located on lands under
federal jurisdiction. The County's Surface Mining
Aggregate Operations Committee has reviewed and
recommended the MOU for approval - action
requested - APPROVE MEMORANDUM OF UNDERSTANDING AND
AUTHORIZE THE CHAIR TO SIGN.
28. Global Health Systems, Inc. - all counties are
required to provide therapy, treatment and
administrative case management services to clients
eligible for the California Children's Services
(CCS) Program. Effective July 1, 1994, all
counties are required to bill Medi-Cal for therapy
services provided at their Medical Therapy Unit
(MTU) clinics. The State CCS Office has
recommended the use of a billing service to process
the therapy billings. Under the terms of this
agreement, Global Health Systems will provide
claims processing services and be reimbursed 15$ of
the amount received by the County for Medi-Cal
eligible clients (maximum amount payable under the
agreement for the period July 1, 1994 through
September 30, 1995 is $22,500) (100$ STATE) -
action requested - APPROVE AGREEMENT AND AUTHORIZE
THE CHAIR TO SIGN.
Page 341 December 13, 1994
94-363 29. Mary S. Holt, Orland - proposed is the renewal of a
lease agreement for the 2,460 square foot facility
at 796 East Avenue, Chico which is utilized by the
Mental Health, Alcohol and Drug Services, Youth
Services Unit as their Chico Community Counseling
Center. The term of the lease is from July 1, 1994
through June 30, 1995 in the maximum amount of
$21,000 (RESTRICTED) - action requested - APPROVE
LEASE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN.
30. 1993-94 Work Training Center (vocational
rehabilitation) and Crestwood Hospital, Inc. (daily
rate contract) agreements - in processing the final
claim against the fiscal year 1993-94 Work Training
Center vocational rehabilitation contract, it
became evident that the vendor exceeded the maximum
amount of their contract on legitimate program
costs. On the other hand, Crestwood Hospital
underspent their contract. For this reason, Board
approval is requested to decrease the Crestwood
Hospital, Inc. daily rate contract $5,106.12 and
increase the Work Training Center daily rate
contract from $43,763.64 to $48,869.76 - action
requested - APPROVE AMENDMENTS TO AGREEMENTS AND
AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF
COUNTY COUNSEL AND THE AUDITOR-CONTROLLER.
31. Regents of the University of California - the
County participates with 30 other local
jurisdictions in the Automated Vital Statistics
System (AV5S). The University of California at
Santa Barbara provides the technical assistance
needed to maintain and update the system. The term
of the agreement is July 1, 1994 through June 30,
1995 in the maximum amount of $3,500 (RESTRICTED) -
action requested - APPROVE BUDGET TRANSFER B-070
AND AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN.
32. Family Preservation and Support Program (FPSP) -
The Federal Omnibus Budget Reconciliation Act of
1993 (Public Law 103-66) provides funds for states
to develop or expand a program of family
preservation services (provided to families at risk
or in crisis} and family support services
(primarily community-based preventive activities
which alleviate stress and promote parental
competencies). In California, the new program is
called the Family Preservation and Support Program
(FPSP). In order to receive FPSP funds, each
county must develop a one year FPSP plan describing
how their fiscal year 1994 funds will be spent
($40,947 FEDERAL/STATE) - action requested -
APPROVE THE COUNTY'S DEPARTMENT OF SOCIAL WELFARE
FAMILY PRESERVATION AND SUPPORT PLANNING PROCESS
ONE-YEAR PLAN.
Page 342
December 13, 1994
r-.
94-363
33. Certification of November 8, 1994 Consolidated
General Election - the County Clerk-Recorder
requests that the Board of Supervisors accept and
approve the certification of the statement vote for
the November 8, 1994 Consolidated General
Election - action requested - APPROVE CERTIFICATION
OF STATEMENT OF VOTE.
34. Chico Unified School District (CUSD) - CUSD has
requested that the County's Elections Department
conduct a special bond election to be held March 7,
1995. Costs of the election will be paid in full
by the district - action requested:
A. APPROVE REQUEST FOR THE BUTTE COUNTY ELECTIONS
DEPARTMENT TO CONDUCT THE SPECIAL BOND
ELECTION TO BE HELD MARCH 7, 1995; AND
B. UPON RECEIPT OF A $75,109.34 DEPOSIT FROM
CHICO UNIFIED SCHOOL DISTRICT (CUSD), APPROVE
PREPARATION OF A BUDGET TRANSFER ACCEPTING,
ALLOCATING AND APPROPRIATING SAID DEPOSIT.
MOTION: I MOVE TO APPROVE THE CONSENT AGENDA WITH
ITEMS 3.06, 3.11, 3.20 AND 3.36 REMOVED, AND
ITEM 3.16 ACTION REQUESTED AMENDED AS FOLLOWS:
APPROVE BUDGET TRANSFER B-068 TRANSFERRING
X40.000 [TO INCLUDE S4.925 FIXED ASSETS) FROM
1993-94 MENTAL HEALTH REALIGNMENT TRUST FUNDS
TO 1994-95 REVENUE ACCOUNT (4511603) AND
EXPENDITURE ACCOUNTS AS REQUESTED, AND APPROVE
PURCHASE OF FIXED ASSET ITEMS.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
94-364 Presentation of Resolution (No. 94-138) to Eleanor M. Guy
upon her retirement from the Auditor-Controller's Office
after 19+ years of dedicated service to the County of
Butte. (PRESENTATION BY BOARD CHAZR)
Paqe 343
December 13, 1994
94-365 Appointments - commissions and committees.
a. Appointments to committee vacancies. (NONE)
b. Community Development Block Grant (CDBG) Program -
the County recently received a grant (CDBG No. 94-
STBG-784) in the amount of $390,900 under the 1994
CDBG Program to conduct a housing rehabilitation
program in several communities located throughout
the County. A RFP has been issued for
administration and implementation of the 1994
program, a condition of the grant - action
requested - APPOINT A RFP REVIEW COMMITTEE
COMPRISED OF TWO SUPERVISORS, CHIEF ADMINISTRATIVE
OFFICER, DIRECTOR-PUBLIC WORKS, AUDITOR-CONTROLLER
AND DIRECTOR-DEVELOPMENT SERVICES.
MOTION: I MOVE TO APPOINT A RFP REVIEW COMMITTEE
COMPRISED OF SUPERVISORS ROUX AND THOMAS,
CHIEF ADMINISTRATIVE OFFICER, DIRECTOR-PUBLIC
WORKS, AUDITOR-CONTROLLER AND DIRECTOR-
DEVELOPMENT SERVICES.
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
94-366 Update on Sacramento legislative and budget activities.
(273) (REPORT BY DICK PUELICHER, TREASURER-TAX COLLECTOR,
ON THE STATUS OF THE BUTTE COUNTY TREASURY AND JOHN S.
BLACKLOCK, CHIEF ADMINISTRATIVE OFFICER, ON THE REPORT ON
RESTRUCTURING THAT WAS REPORTED TO HAVE COME FROM THE
COUNTY ADMINISTRATOR OFFICERS ASSOCIATION OF CALIFORNIA
A COUPLE OF WEEKS AGO (CLARIFICATION THAT THE REPORT WAS
NOT IN FACT A RECOMMENDATION OF THE ASSOCIATION.)
94-367 Butte County Economic Development Grants:
A. No. 93-EDBG-245: Reservation of Funds Program -
action requested - AUTHORIZE THE USE OF BUTTE
COUNTY FUNDS FROM THE RESERVATION OF FUNDS PROGRAM
WITHIN THE INCORPORATED LIMITS OF THE CITY OF
OROVILLE. (412)
MOTION: I MOVE TO AUTHORIZE USE OF BUTTE COUNTY FUNDS
FROM THE RESERVATION OF FUNDS PROGRAM WITHIN
THE INCORPORATED LIMITS OF THE CITY OF
OROVILLE.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
Page 344
December 13, 1994
94-367 B. No. 93-EDBG-277: Industry Intelligence Report -
action requested - ACCEPT $1,500 DONATION FROM
BUTTE ECONOMIC DEVELOPMENT CORPORATION FOR CASH
MATCH FOR STATE ECONOMIC DEVELOPMENT GRANT.
(ADMINISTRATIVE OFFICE)
MOTION: I MOVE TO ACCEPT $1,500 DONATION FROM BUTTE
ECONOMIC DEVELOPMENT CORPORATION FOR CASH
MATCH FOR STATE ECONOMIC DEVELOPMENT GRANT.
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
94-368 U.S. Fish and Wildlife Service (USFWS) -consideration of
a request for Board approval of a resolution in support
of the USFWS acquisition of a Perpetual Conservation
Easement, as part of the North Central Valley Wildlife
Management Area (the easement area encompasses 76.0 acres
of the 290.0 acre Lucky Ten Ranch), property located
about eight miles northeast of the Butte Sink, in
southwestern Butte County - action requested - ADOPT
RESOLUTION OF CONSENT FOR WETLAND HABITAT EASEMENT
ACQUISITION BY THE U.S. FISH AND WILDLIFE SERVICE IN AN
UNINCORPORATED AREA OF BUTTE COUNTY. (796)
MOTION: I MOVE TO ADOPT RESOLUTION 94-140 OF CONSENT
FOR WETLAND HABITAT EASEMENT ACQUISITION BY
THE U.S. FISH AND WILDLIFE SERVICE IN AN
UNINCORPORATED AREA OF BUTTE COUNTY.
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
94-369 Formation of a county service area to fund animal control
services - action requested:
A. ADOPTION OF A RESOLUTION MAKING APPLICATION TO THE
BUTTE COUNTY LOCAL AGENCY FORMATION COMMISSION
(LAFCO) REGARDING PROPOSAL FOR ESTABLISHMENT OF A
COUNTY SERVICE AREA FOR ANIMAL CONTROL SERVICES;
(NO ACTION TAKEN) AND
B. ADOPTION OF A RESOLUTION CREATING THE BUTTE COUNTY
ANIMAL CONTROL ADVISORY BOARD. (1022)
MOTION: I MOVE TO ADOPT RESOLUTION 94-141 CREATING THE
BUTTE COUNTY ANIMAL CONTROL ADVISORY BOARD AND
AUTHORIZE THE CHAIR TO SIGN. CHAIR McLAUGHLIN
AND SUPERVISOR HOUX TO WORK WITH THE ADVISORY
BOARD TO UPDATE THEM ON WHERE WE ARE TODAY AND
HOW WE GOT THERE, AND ON RECOMMENDATIONS FOR
THE PUBLIC MEMBER APPOINTMENT.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
Page 345
December 13, 1994
94-369 (BOARD DIRECTION TO STAFF TO BRING THE ADVISORY BOARD
NOMINATIONS TO THE BOARD FOR FORMAL APPOINTMENT NO LATER
THAN THE JANUARY 24, 1995 MEETING)
PUBLIC HEARINGS AND TIMED ITEMS
94-370 Public hearing - Anthony Baron - abandorunent 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 AND AUTHORIZE THE CHAIR TO
SIGN. (1785)
MOTION: I MOVE TO APPROVE THE APPLICATION FOR
ABANDONMENT OF LAKE BOULEVARD ON APN 027-020-
063 AND -064, SUBJECT TO THE FOLLOWING
FINDINGS: ENVIRONMENTAL FINDINGS A. THE
PROJECT IS CATEGORICALLY EXEMPT FROM
ENVIRONMENTAL REVIEW; GENERAL PLAN FINDINGS:
A. THE PROPOSED ABANDONMENT WILL NOT CONFLICT
WITH THE CIRCULATION ELEMENT OF THE BUTTE
COUNTY GENERAL PLAN NOR ANY OTHER ELEMENT OF
THE GENERAL PLAN; AND B. THE PROPOSED
ABANDONMENT OF THE RIGHT-OF-WAY KNOWN AS LAKE
BOULEVARD IS NOT NEEDED FOR ANY COUNTY PUBLIC
WORKS PROJECTS OR ANY PUBLIC UTILITY
FACILITIES; AND ACTION: A. SUBJECT TO THE
ENVIRONMENTAL AND GENERAL PLAN FINDINGS, THE
BOARD OF SUPERVISORS FINDS THAT THE
ABANDONMENT FOR TONY BARON IS IN CONFORMITY
WITH THE BUTTE COUNTY GENERAL PLAN; AND B.
ADOPT RESOLUTION 94-142 APPROVING THE
ABANDONMENT OF LAKE BOULEVARD IDENTIFIED AS
APN 027-020-063 AND -064 FOR ANTHONY BARON
SUBJECT TO THE FOLLOWING CONDITION: A.
APPLICANT SHALL ASSURE THAT ALL PARCELS HAVE
LEGAL ACCESS TO A PUBLICLY MAINTAINED ROAD.
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
Page 346
December 13, 1994
94-371 Public hearing - 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 AND AUTHORIZE THE CHAIR TO SIGN. (1873)
MOTION: I MOVE TO APPROVE THE APPLICATION FOR
ABANDONMENT OF THE SEWER EASEMENT ON APN 059-
060-047 AND 059-230-026, -027, -028 AND -029
BASED ON THE FOLLOWING FINDINGS:
ENVIRONMENTAL FINDINGS: A. THE PROJECT IS
CATEGORICALLY EXEMPT FROM ENVIRONMENTAL
REVIEW; GENERAL PLAN FINDINGS: A. THE
PROPOSED ABANDONMENT WILL NOT CONFLICT WITH
THE BUTTE COUNTY GENERAL PLAN; AND B. THE
PROPOSED ABANDONMENT OF THE SEWER EASEMENT IS
NOT NEEDED FOR ANY COUNTY PUBLIC WORKS
PROJECTS OR ANY PUBLIC UTILITY FACILITIES;
ACTION: A. SUBJECT TO THE ENVIRONMENTAL AND
GENERAL PLAN FINDINGS, THE BOARD OF
SUPERVISORS FINDS THAT THE ABANDONMENT FOR
EVERETT LEWIS, ET AL., IS IN CONFORMITY WITH
THE BUTTE COUNTY GENERAL PLAN; AND B. ADOPT
RESOLUTION 94-143 APPROVING THE ABANDONMENT OF
THE SEWER EASEMENT IDENTIFIED AS APN 059-060-
047 AND 059-230-026, -027, -028 AND -029 FOR
EVERETT LEWIS.
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
RECESS: 10:14 A.M.
RECONVENE: 10:32 A.M.
Page 347
December 13, 1994
December 13, 1994
94-372 Public meeting - consideration of the re-adoption of a
Utility User Tax as follows:
The tax is levied in the amount of five (5) percent for
residential users and three (3) percent for non-
residential users living and doing business in the
unincorporated area of Butte County. Where utilities
offer rate assistance programs for customers with special
needs, citizens who meet the utility's criteria may be
exempt from, or eligible for, reduced tax levies.
Utilities taxed are natural gas, electricity, telephone
(except as exempted by the Federal Communications
Commission), and water. Estimated annual revenue from
the tax is $4,100,000 for fiscal year 1994-95. The tax
is collected by utility companies as part of their
regular billing cycle and forwarded monthly to the Butte
County Treasurer-Tax Collector - action requested -
CONDUCT MEETING AND DISCUSS UTILITY USER TAX. ACTION ON
ORDINANCE CANNOT TAKE PLACE UNTIL AFTER PUBLIC HEARING ON
TUESDAY, DECEMBER 27, 1994 AT 10:00 A.M. (2975) (**00)
(CONSIDERATION OF THE RE-ADOPTION OF A UTILITY USER TAX
CONTINUED FOR A PUBLIC HEARING ON TUESDAY, DECEMBER 27,
1994 AT 10:00 A.M.)
94-373 Public hearing - Blakeley Western - consideration of a
General Plan Amendment to the text and map of the Land
Use Element (draft environmental impact report has been
prepared) 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;
040-120-019, south Chico area. (308) (HEARING
OPENED AND CONTINUED OPEN TO TUESDAY, JANUARY 24, 1995 AT
10:00 A.M.)
ar Agend
94-374 Introduction of an ordinance adding Chapter 38A to the
Butte County Code entitled "Fire Protection and
Prevention" - action requested - WAIVE READING OF THE
ORDINANCE. (370)
MOTION: I MOVE TO WAIVE READING OF THE ORDINANCE.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
Page 348
December 13, 1994
RECESS: 11:25 A.M.
RECONVENE: 11:35 A.M. (SUPERVISOR DOLAN NOT PRESENT)
94-375 Public hearing - Butte County Planning Commission -
consideration of a rezone (item determined to be a
general rule exemption from environmental review) from
RT-1 (Minimum Density Residential-Mobile Home) to R-1
(Residential) for multiple assessor parcel numbers on
property identified as Paradise Pines Country Club
Estates Unit Nos. 1, 2, 3, 4 and Paradise Pines Unit Nos.
4, 5, 6, 8, 10, 11, 12, 13 and 14, north of Magalia.
(678)
MOTION: I MOVE TO APPROVE APPLICATION NO. 95-18
REZONING THE PARADISE PINES AREA FROM R1-T TO
R-l, SUBJECT TO THE FOLLOWING FINDINGS:
ENVIRONMENTAL FINDINGS: A. FIND THAT THE
PROJECT IS NOT SUBJECT TO ENVIRONMENTAL REVIEW
UNDER CEQA AS PER THE GENERAL RULE EXEMPTION;
AND B. THE REZONE CONFORMS TO THE POLICIES,
INCLUDING THE TEXT AND MAP OF THE BUTTE COUNTY
GENERAL PLAN; ZONING ORDINANCE FINDINGS:
A. THE REZONING WOULD BE IN THE PUBLIC
INTEREST; B. THE REZONING DOES NOT HAVE ANY
SUBSTANTIAL AND UNMITIGATED ADVERSE EFFECT
UPON THE CURRENT LAND USES; C. THE REZONING IS
CONSISTENT WITH THE GENERAL PLAN LAND USE
ELEMENT. THE REZONE CONFORMS TO THE POLICIES,
INCLUDING THE TEXT AND MAP OF THE BUTTE COUNTY
GENERAL PLAN, BECAUSE THE PROPOSED REZONE DOES
NOT REPRESENT ANY SIGNIFICANT CHANGES TO THE
AREA AND ZS CONSISTENT WITH EXISTING ADJACENT
ZONES; AND ACTION: A. SUBJECT TO THE
ENVIRONMENTAL AND ZONING ORDINANCE FINDINGS,
ADOPT ORDINANCE 3168 REZONING TO R-1 THAT
PROPERTY IDENTIFIED AS PARADISE PINES COUNTY
CLUB ESTATES UNIT NOS. 1, 2, 3, 4 AND PARADISE
PINES UNIT NOS. 4, 5, 6, 8, 10, li, 12, 13 AND
14, NORTH OF MAGALIA.
S M
VOTE: l Y 2 NP 3 Y 4 Y 5 Y (Unanimously Carried)
(SUPERVISOR DOLAN PRESENT)
Paqe 349
December 13, 1994
December 13. 1994
Regular Agenda
94-376 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. (797)
MOTION: I MOVE TO WAIVE READING OF THE ORDINANCE.
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
(BOARD DIRECTION FOR THE PREPARATION OF AN INSTRUCTIONAL
HANDOUT AVAILABLE FOR THE CONSTITUENCY BEFORE THE BOARD
FOR REVIEW BY MARCH 1, 1995)
Public Hearings and Timed Items
94-377 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 mmile north of Highway 70,
approximately 1/2 mile north of Highway 149, identified
as AP 041-140-014+, Oroville. (1072) (***00)
MOTION: I MOVE FOR A MOTION OF INTENT DENYING THE
APPLICANT'S REQUEST TO EXTEND THE PERIOD OF
EXTRACTION, APPROVAL OF A WORKABLE TIME FRAME
(APPROXIMATELY SIX MONTHS) TO COMPLETE
RECLAMATION WORK IN CELLS MO1-A, B AND C IN
ACCORDANCE WITH THE EXISTING PERMIT, AND
MODIFICATION OF EXISTING USE PERMIT CONDITIONS
CONSISTENT WITH THE BOARD'S INTENT AND WITH
RECOMMENDATIONS IN THE STAFF REPORT OF
NOVEMBER 9, 1994. STAFF DIRECTED TO RETURN
WITH FINDINGS SUPPORTING THE BOARD'S ACTION ON
JANUARY 10, 1994.
S M
VOTE: l Y 2 Y 3 Y 4 Y S N (Motion Carried)
Page 350
December 13, 1994
December 13, 1994
94-378 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.) (1708)
1. Vicky Smith, Paradise - the Private Industry
Council use permit for an Adult Vocational and
Career Training Service at 5700 Almond Street,
Paradise (parcel no. AP 052-209-013).
RECESS: 1:45 P.M.
RECONVENE: 2:52 P.M. (SUPERVISOR HOUX NOT PRESENT)
Regular Agenda
94-379 Items removed from the Consent Agenda for Board
consideration and action. (1523)
1. Aids Task Force - action requested - APPOINT GAIL
RICHELIEU AND GINO WILSON. (NO ACTION TAKEN)
(SUPERVISOR ROUX PRESENT)
2. Ordinance amending the County Zoning Code - action
requested - (1) DETERMINE THAT IT IS NOT FEASIBLE
TO PREPARE A FAIR AND ADEQUATE SUNII~IARY OF THE
ORDINANCE AMENDING THE COMPREHENSIVE ZONING
ORDINANCE OF THE BUTTE COUNTY CODE (ARTICLES II AND
III OF CHAPTER 24 OF THE BUTTE COUNTY CODE) ; AND
(2) ORDER PUBLICATION OF DISPLAY ADVERTISEMENTS
PERTAINING TO THE ADOPTION OF SAID ORDINANCE, AS
SPECIFIED IN THE MEMORANDUM FROM COUNTY COUNSEL
DATED DECEMBER 6, 1994, AS A COST-SAVINGS MEASURE
IN LIEU OF PUBLICATION OF THE COMPLETE ORDINANCE
TEXT.
MOTION: I MOVE TO (1) DETERMINE THAT IT IS NOT
FEASIBLE TO PREPARE A FAIR AND ADEQUATE
SUI~Il~IARY OF THE ORDINANCE AMENDING THE
COMPREHENSIVE ZONING ORDINANCE OF THE BUTTE
COUNTY CODE (ARTICLES II AND III OF CHAPTER 24
OF THE BUTTE COUNTY CODE); AND (2) ORDER
PUBLICATION OF DISPLAY ADVERTISEMENTS IN FOUR
AREAS PERTAINING TO THE ADOPTION OF SAID
ORDINANCE, AND ALSO MAKE THE ORDINANCE
AVAILABLE AT COUNTY LIBRARIES AND THE BUILDING
DEPARTMENTS IN CHICO AND PARADISE AS A COST-
SAVINGS MEASURE IN LIEU OF PUBLICATION OF THE
COMPLETE ORDINANCE TEXT.
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
Page 351 December 13, 1994
94-379 3. Mental Health Department - Medi-Cal payments for
the provision of an adolescent day treatment and
medication monitoring program for children at
Victor Treatment Centers, Inc. residential care
facility, Redding have now been received - action
requested - APPROVE BUDGET TRANSFER B-068
ALLOCATING (REVENUE ACCOUNT 4521700) AND
APPROPRIATING (541-001 536.011) $255,448 IN
UNANTICIPATED MEDI-CAL REVENUE. (NO ACTION TAKEN)
4. Cal-Learn Program - the Cal-Learn Program (SB 35
and SB 1078/Statutes of 1993) was established to
address the unique educational, vocational,
training, health, and other social service needs of
Aid to Families with Dependent Children (AFDC)
dependent teenage parents to help them achieve
self-sufficiency. The legislation requires all
counties to implement Cal-Learn by April 1, 1995,
and by September 1, 1995, all eligible teens must
be noticed of program requirements and become Cal-
Learn participants:
A. Introduction of a salary ordinance amendment
adding two full-time Social Worker III/II
positions (FEDERAL/STATE), and one half-time
Eligibility Worker II/I position
(FEDERAL/STATE/COUNTY) - action requested -
WAIVE READING OF THE ORDINANCE.
B. Northern Valley Catholic Social Service -
proposed is a contract for the purpose of
providing services to the County in
implementing and conducting the Cal-Learn
Program. The term of the contract is
January 1, 1995 through June 30, 1995 in the
maximum amount of $1,650 per participant per
year (FEDERAL/STATE) - action requested -
APPROVE CONTRACT AND AUTHORIZE THE CHAIR TO
SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND
THE AUDITOR-CONTROLLER. (NO ACTION TAKEN)
94-380 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. (2667) (NO
ACTION TAKEN/CONTINUED TO JANUARY 24, 1995)
Page 352
December 13, 1994
December 13, 1994
94-381 Board of Supervisors' meeting schedule for 1995 - action
requested - APPROVE MEETING SCHEDULE. (2342)
MOTION: I MOVE TO APPROVE THE BOARD OF SUPERVISORS'
MEETING SCHEDULE FOR 1995 AS PRESENTED.
S M
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
94-382 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. James Hansen, Oroville - drilling of well and
building in and on Koppers' Super Fund site.
2. Otto Hansen, Oroville - land split and drilling of
well west of Lone Tree Road across from his house.
94-383 CLOSED SESSION: The Board recessed at 3:10 p.m. for
a closed session conference with
legal counsel for existing
litigation pursuant to Government
Code Section 54956.9(a) (ELIZABETH
M. METZGER V. COUNTY OF BUTTE, ET
AL.; DONALD LUDINGTON V. COUNTY OF
BUTTE [A WORKERS' COMPENSATION
CLAIM]; AND DARELL CHENAULT V.
COUNTY OF BUTTE [A WORKERS'
COMPENSATION CLAIM]).
RECONVENE: The Board reconvened at 3:43 p.m.
following a closed session conference
with legal counsel for existing
litigation pursuant to Government Code
Section 54956.9(a) (ELIZABETH M. METZGER
V. COUNTY OF BUTTE, ET AL.; DONALD
LUDINGTON V. COUNTY OF BUTTE [A WORKERS'
COMPENSATION CLAIM]; AND DARELL CHENAULT
V. COUNTY OF BUTTE [A WORKERS'
COMPENSATION CLAIM]).
COUNTY COUNSEL ANNOUNCEMENT: THE MATTER OF ELIZABETH
M. METZGER V. COUNTY OF
BUTTE, ET AL. HAS BEEN
DISMISSED WITH PREJUDICE
UPON THE MOTION OF
PLAINTIFF.
Page 353
December 13, 1994
94-394 Communications
Communications received and referred. (COPIES OF ALL
COMMUNICATIONS ARE AVAILABLE IN THE CLERK OF THE BOARD
OFFICE.)
a. David M. Wells, General Manager, Chico Area
Recreation and Park District - forwards a copy of
the District's Resolution No. 94-11 establishing
the 20th Street Community Park as a "Drug Free
Zone". (REFER TO DISTRICT ATTORNEY AND SHERIFF-
CORONER)
b. Ted Cleveland, Assessor - submits to the Board his
official resignation as Butte County Assessor
effective December 30, 1994. (REFER TO CHIEF
ADMINISTRATIVE OFFICER)
c. Chester L.
Officer -
projected
retirement
CHIEF AD1
PERSONNEL)
Ward, M.D., M.P.H.,Director and Health
sends notice to the Board of his
departure from County service via
on or before July 10, 1995. (REFER TO
KINISTRATIVE OFFICER AND DIRECTOR-
d. Robert Hennigan, Chairman, Butte Basin Water Users
Association (BBWUA) - writes to the Board regarding
the proposal by the Department of Water Resources
to examine future potential water supply projects,
and expressed BBWUA's interest in this undertaking
and its willingness to assist the County as they
identify and evaluate the measures and programs
that are needed for the development of additional
water supplies in the Butte Basin and State.
(REFER TO CHIEF ADMINISTRATIVE OFFICER, COUNTY
COUNSEL AND WATER COMMISSION)
RECESS: 3:46 P.M.
RECONVENE: 7:32 P.M. in the City of Chico Council
Chambers, 421 Main Street, Chico.
Supervisors V. Meyer, Dolan, Houx, Thomas
and Chair McLaughlin present. Starlyn S.
Brown, Assistant Chief Administrative
Officer; Neil H. McCabe, Assistant County
Counsel; and Carol Roach, Assistant Clerk
of the Board. Pledge of allegiance to
the Flag of the United States of America.
Page 354
December 13, 1994
December 13, 1994
94-395 Joint public meeting - Board of Supervisors/Chico City
Council - to discuss solid waste management issues
specific to the Chico Urban Area - action requested -
REVIEW THE RECOMMENDATIONS INCLUDED WITH EACH DISCUSSION
ISSUE AND PROVIDE DIRECTION TO STAFF.
A. INTRODUCTION BY STARLYN S. BROWN, ASSISTANT CHIEF
ADMINISTRATIVE OFFICER, COUNTY OF BUTTE AND TOM
LANDO, CITY MANAGER, CITY OF CHICO
B. BUTTE COUNTY SOLID WASTE MANAGER ERIC MILLER
PROVIDED A SLIDE PRESENTATION REGARDING THE NEAL
ROAD LANDFILL AND AN OVERVIEW OF AB 939 AND CURRENT
COUNTY SOLID WASTE PROGRAMS.
C. CITY RISK AND ADMINISTRATIVE PROJECTS MANAGER BOB
KOCH PROVIDED AN OVERVIEW OF CURRENT AND PROPOSED
CITY SOLID WASTE PROGRAMS.
D. ISSUES RELATING TO A JOINT POWERS AGREEMENT
DISCUSSED AS FOLLOWS:
1. IDENTIFICATION/DEFINITION OF THE CHICO AREA
"WASTE SHED", INCLUDING THE SERVICE AREA AND
CUSTOMER BASE.; 2. FRANCHISING AND MANDATORY
COLLECTION.; 3. THE INTEGRATION OF CITY AND COUNTY
SOLID WASTE MANAGEMENT OBJECTIVES AND STATUTORY
REQUIREMENTS.; 4. MINIMUM SERVICE LEVELS.; 5. FEES
FOR COLLECTION AND RECYCLING PROGRAMS.; AND
6. MANAGING A JOINT POWERS AGREEMENT, INCLUDING THE
FORM OF AGREEMENT, GOVERNANCE AND ADMINISTRATION OF
THE AGREEMENT AND STAFFING NEEDS.
(8:38 P.M. SUPERVISOR THOMAS NOT PRESENT)
RECESS: 9:05 P.K.
RECONVENE: 9:20 P.M.
(9:45 P.M. SUPERVISOR MEYER NOT PRESENT)
COUNTY/CITY CONSENSUS TO FORM A COMMITTEE CONSISTING OF
COUNTY SUPERVISORS (DOLAN AND HOUX WITH CHAIR MCLAUGHLIN
AS ALTERNATE) AND CITY COUNCIL MEMBERS (GUZZETTI, KING,
CHAIR McGINNIS AND KEENE AS ALTERNATE) TO FORMULATE
RECOMMENDATIONS ON THE SIX ISSUES AND REPORT BACK TO
THEIR RESPECTIVE BOARDS IN APPROXIMATELY 60 DAYS.
Page 355
December 13, 1994
ADJOURNMENT: There being no further business before
the Board, the meeting was adjourned at
10:10 p.m. to reconvene on Tuesday,
December 27, 1994 at 9:00 a.m.
~ L
ED McLAUGHLIN, IR
Butte County Bo d of Supervisors
ATTEST:
JOHN S. BLACKLOCK,;~ hief Administrative Officer
and lerk of the and of Supervisors
By : ~ ~; ~ a-~ _
Page 356
December 13, 1994