HomeMy WebLinkAboutM011293~.. ~~
January 12, 1993
Call to order - Board of Supervisors room, County
Administration Building, 25 County Center Drive,
Oroville. Supervisors Meyer, Houx, McLaughlin, Thomas
and Chair Dolan present. John S. Blacklock, chief
administrative officer; Susan Minasian, county counsel;
and Carol Roach, assistant clerk of the Board.
The meeting was opened with a moment of silence for
County Welfare Department employees Margaret Mendonca and
her family killed in a tragic motor vehicle accident, and
Diana Wright who died at her home. The Board of
Supervisors expressed its deepest sympathy to their
colleagues in the department and family members.
Pledge of allegiance to the Flag of the United States of
America. Chair Dolan welcomed new supervisors Meyer and
Thomas.
93-01 Board of Supervisors organization for 1993
a. Comments by Chair Dolan (Chair Dolan expressed her
deepest appreciation for the efforts, innovations.
and dedication of department heads, management
teams and employees of this County in what is.
probably the toughest financial and service time
for government at every level)
b. Election of new Board Chair (90)
MOTION: I MOVE TO NOMINATE DISTRICT 3 SUPERVISOR MARY
ANNE HOUX AS BOARD CHAIR FOR 1993.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried}
(CHAIR HOUX PRESENTED A PLAQUE TO SUPERVISOR DOLAN WITH
APPRECIATION FOR HER DEDICATED SERVICE AS CHAIR OF THE
BOARD OF SUPERVISORS FOR 1992)
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January 12, 1993
Januarv 12, 1993
93-01 c. Election of new Board Vice Chair
MOTION: I MOVE TO NOMINATE DISTRICT 4 SUPERVISOR ED
McLAUGHLIN AS BOARD VICE CHAIR FOR 1993.
S M
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
93-02 Items removed from the Consent Agenda for Board
consideration and action.
1. Approval of minutes - action requested - APPROVE
MINUTES OF DECEMBER 15, 1992.
2. District 3 committee reappointments - action
requested - REAPPOINTMENTS TO TERMS TO EXPIRE
JANUARY 2, 1995: RICHARD CURTIS, AGRICULTURAL
ADVISORY COMMISSION; BRUCE V. STRICKLER, BUTTE
COUNTY FAIR BOARD; REV. JIM AUSTIN, BUTTE COUNTY
HOUSING AUTHORITY; LANCE TENNIS, BUTTE COUNTY WATER
COMMISSION; KAY MATZDORFF, COMMUNITY ACTION AGENCY;
BILL BROUHARD, ECONOMIC DEVELOPMENT CORPORATION OF
BUTTE COUNTY, OVERALL ECONOMIC DEVELOPMENT PROGRAM
COMMITTEE, AND INDUSTRIAL DEVELOPMENT AUTHORITY;
GERDA LYDON, FISH AND GAME COMMISSION; AND CHUCK
NELSON, PLANNING COMMISSION.
3. Oroville Memorial Hall - action requested -
REAPPOINT ROLAND STRANG, AMERICAN LEGION POST 95
(DELEGATE), DALE DEMO, VETERANS FOREIGN WARS POST
9602 (DELEGATE), CARL A. YOUNG, SUB VETS WWII
(DELEGATE), AND ERNEST NATWICK, SUB VETS WWII
(ALTERNATE), AND APPOINT CHARLES ROBERTSON,
AMERICAN LEGION POST 95 (ALTERNATE), ALLYN TARBUSH,
DISABLED AMERICAN VETERANS (DELEGATE), DAVE ROCK,
DISABLED AMERICAN VETERANS (ALTERNATE), LLOYD M.
BLACKWELL, VETERANS FOREIGN WARS POST 9602
(ALTERNATE), DENNIS PERKINS, VETERANS FOREIGN WARS
POST 1747 (DELEGATE), AND BOBBY LEVERETT, VETERANS
FOREIGN WARS POST 1747 (ALTERNATE) TO TERMS TO
EXPIRE JUNE 30, 1993.
93-03 Consent Agenda
1. Budget transfers - action requested - APPROVE
BUDGET TRANSFERS B-46 (DISTRICT ATTORNEY), B-47
(FIRE DEPARTMENT), B-48 (CSA N0. 130 [RICHARDSON
SPRINGS]}, B-51 (BUILDINGS AND GROUNDS), B-52
(SHERIFF-ADMINISTRATION), B-53 (LIBRARY-GENERAL
SERVICES), B-54 (LIBRARY-LITERACY SERVICES), B-55
(NORTH COUNTY MUNICIPAL COURT), B-56 (WELFARE-
ADMINISTRATION), B-57 (PUBLIC HEALTH), AND B-58
(PROBATION).
Page 02 January 12, 1993
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January 12. 1993
93-03 2. Sheriff's Department - Explosive Ordinance Disposal
Team - the Butte County Honorary Deputy Sheriff's
Association wishes to donate to the County a Hurd
bomb disposal/transport trailer, in the amount of
$16,400, purchased from funds gathered in public
fund raising events - action requested - ACCEPT
DONATION AND AUTHORIZE LETTER OF APPRECIATION.
3. County library donations - in accordance with
Government Code Section 25355, donations of $1,800
from Chico Friends of the Library; $750 from
Gridley Friends of the Library; $300 from Oroville
Eagles Auxiliary; $300 from Loy S. Braley and Joan
E. Regan, Paradise; $100 from Barbara B. Zontek,
Oroville; $100 from John Zontek, Oroville; $100
from Phil J. and Burnette Carroll, Oroville; $100
from M. Wesley Farr, M.D. and Mrs. Jean B. Farr,
Magalia; $100 from Leonard and Jane Carrell, Chico;
and $100 from Mrs. H. R. Davis, Paradise, have been
received for the Butte County Library Trust Fund
for the purchase of books - action requested -
ACCEPT DONATIONS AND AUTHORIZE LETTERS OF
APPRECIATION.
4. Butte County Mosquito Abatement District - action
requested - REAPPOINT TOM BARRETT (DISTRICT 3) TO A
TERM TO EXPIRE DECEMBER 31, 1994.
5. Certificate of Williamson Act expiration - notice
of nonrenewal has been given as provided in
Government Code Section 51245 for Henry and Lucille
DeBock, AP 042-050-050 - action requested -
APPROVE CERTIFICATE OF WILLIAMSON ACT EXPIRATION;
AUTHORIZE THE CHAIR TO SIGN; AND AUTHORIZE FILING
OF THE CERTIFICATE OF EXPIRATION.
6. Fire Department - Board authorization is requested
to purchase a computer desk to replace a broken
office desk in the amount of $545.99 including tax
and shipping. Budget transfer B-47 has been
prepared for the necessary appropriation - action
requested - APPROVE PURCHASE OF FIXED ASSET ITEM.
7. Public Health Department - Board authorization is
requested to purchase a biological safety hood
($7,200), laboratory refrigerator ($2,000),
refrigerated centrifuge ($7,500), and two clinic
refrigerators ($1,800) as part of the Tobacco Tax
and Health Protection Act of 1988 (Proposition 99)
revised Capital Outlay Plan approved by the Board
on November 10, 1992. Budget transfer B-57 has
been prepared for the necessary appropriation -
action requested - APPROVE PURCHASE OF FIXED ASSET
ITEMS.
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January 12, 1993
93-03 8. Sheriff's Department - Board authorization is
requested to purchase two 386DX-33mhz personal
computers, one laser printer, and related equipment
in the maximum amount of $4,750 (Narcotic Asset
Seizure Fund). Budget transfer B-52 has been
prepared for the necessary appropriation - action
requested - APPROVE PURCHASE OF FIXED ASSET ITEMS.
9. Community Development Block Grant (CDBG) - Program
Income Reuse Plan - the State Department of
Housing and Community Development requires that all
jurisdictions who wish to keep and use program
income at the local level have an adopted and
approved Program Income Reuse Plan. Butte County
has retained program income for reuse in providing
additional housing rehabilitation loans to
qualified low income households - action
requested - ADOPT RESOLUTION 93-01 APPROVING
PROGRAM INCOME REUSE PLAN AND AUTHORIZE THE CHAIR
TO SIGN.
10. Adoption of a salary ordinance amendment
implementing personnel issues contained within the
1992-93 final budget, and approved by the Board on
September 29, 1992 - action requested - ADOPT
ORDINANCE 3043 AND AUTHORIZE THE CHAIR TO SIGN.
11. Adoption of a salary ordinance amendment
reclassifying a Mental Health Clinician II
position to Program Manager - Mental Health to
perform the coordinator/administrative
responsibilities associated with the children's
coordinator for Youth Treatment Services. Cost
savings in support of the recommended
classification change is realized by reducing a
full time psychiatrist position to 3/4 time for a
net decrease of approximately $28,704 for the first
year with the continuing salary savings through the
next four years until fifth step of the assigned
salary range is reached - action requested - ADOPT
ORDINANCE 3044 AND AUTHORIZE THE CHAIR TO SIGN.
12. Adoption of a salary ordinance amendment increasing
the funding of a Probation Department office
assistant II, I position from half time to full
time utilizing asset seizure funds - Butte Anti-
Drug Special Supervision Grant (BASS) - action
requested - ADOPT ORDINANCE 3045 AND AUTHORIZE THE
CHAIR TO SIGN.
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January 12, 1993
January 12. 1993
93-03 13. Greater Chico Urban Area Redevelopment - adoption
of an ordinance (1) authorizing the Chico City
Council to amend the redevelopment survey areas;
and (2) authorizing the City of Chico to prepare a
redevelopment plan, subject to further County
approval and subject to a cooperative agreement -
action requested - ADOPT ORDINANCE 3046 AND
AUTHORIZE THE CHAIR TO SIGN.
14. Introduction of a salary ordinance amendment - as
part of the 1992-93 final budget, the Board
authorized the addition of a new position
tentatively entitled "systems administrator" and an
additional grant funded position of Welfare Support
Services Supervisor. The Personnel Department has
completed the classification analysis for "systems
administrator" and has made a determination that an
existing classification of Staff Services Systems
Specialist will meet the department's staffing
needs - action requested - WAIVE READING OF THE
ORDINANCE.
15. Introduction of an ordinance adding Section 2-17.5
to Article II of Chapter 2 of the Butte County Code
regarding the Ralph M. Brown Act - action
requested - WAIVE READING OF THE ORDINANCE.
16. Resolution modifying the standard of aid for
General Assistance pursuant to Welfare and
Institutions Code Section 17000.5 (SB 495) - action
requested - ADOPT THE REVISED GENERAL ASSISTANCE
REGULATIONS (GA) REFLECTING THE RATE CHANGE; AND
ADOPT RESOLUTION 93-02 AND AUTHORIZE THE CHAIR TO
SIGN.
17. Resolution declaring the week of January 24-30,
1993 as Eligibility Worker Recognition Week in
Butte County - action requested - ADOPT RESOLUTION
93-03 AND AUTHORIZE THE CHAIR TO SIGN.
18. Skyway Underground District No. 2 - during
construction the contractor installed control
wiring conduits for future traffic signals (Skyway
and South Park Drive) in a joint trench with
utility conduits at less cost than to excavate at a
later date - action requested - AUTHORIZE
EXPENDITURE OF $2,397.21 (ROAD AND BRIDGE
CONSTRUCTION BUDGET).
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January 12, 1993
January 12, 1993
93-03 19. Contract change order no. 1 for reconstruction of
Larkin Road from Almond Avenue to Dos Rios Road,
County contract no. 02392-92-1 - contract change
order no. 1, in the increasing amount of $3,611.97,
provides for payment for the removal of unsuitable
material, the placing of select material, and the
placing of engineering fabric. Funds are available
in the original budgeted funding for the project -
action requested - APPROVE CONTRACT CHANGE ORDER
NO. 1 AND AUTHORIZE THE CHAIR TO SIGN.
20. County of Butte/Biggs Unified School District -
County Service Area No. 31 (Biggs Swimming Pool) -
the proposed agreement for the operation,
maintenance, repair, upkeep of, and provision of
insurance for said swimming pool by the Biggs
Unified School District commences July 1, 1992, and
continues annually unless terminated as provided in
the agreement - action requested - APPROVE
AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN.
21. State Department of Mental Health/Butte County
contract no. 92-72280 - proposed is fiscal year
1992-93 County performance contract (including the
County use of State hospitals agreement) for the
provision of professional and inpatient hospital
services to persons who are acutely mentally ill,
including mentally ill persons who require health
care services in the amount of $194,822 (State) -
action requested - APPROVE CONTRACT AND AUTHORIZE
THE DIRECTOR-MENTAL HEALTH TO SIGN.
22. Enloe Hospital - the proposed agreement, which is
part of California's Perinatal Pilot Project,
provides case management and day treatment services
to "perinatal" women referred from Alcohol and Drug
Services. The term of the agreement is July 1,
1992 through June 30, 1993 in the amount of
$226,387 (Federal) - action requested - APPROVE
AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN.
23. Town of Paradise/County of Butte - the County
contracts with each of the incorporated areas
within the County for the provision of public
health services. The last agreement with the Town
was executed in 1980. The proposed agreement,
commencing December 1, 1992, reflects the current
level of public health responsibilities - action
requested - APPROVE AGREEMENT AND AUTHORIZE THE
CHAIR TO SIGN.
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January 12, 1993
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January 12, 1993
93-03 24. American Lung Association of Superior California -
the proposed agreement provides a wide range of
smoking cessation clinics to targeted population
groups. Smoking cessation educational materials
and news releases will be prepared and distributed.
The term of the agreement is January 1, 1993
through December 31, 1993 in the maximum amount of
$31,418 (State/Proposition 99) - action requested -
APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN.
25. Northern Sacramento Valley Rural Health Project -
the proposed agreement for the coordination of a
program to deliver tobacco use prevention education
to selected non-public schools commencing
December 1, 1992 through July 1, 1994 in the amount
of $49,750 (State/Proposition 99) - action
requested - APPROVE AGREEMENT AND AUTHORIZE THE
CHAIR TO SIGN.
26. Gregory B. Bragg & Associates - the proposed
amendment to the liability claims adjusting service
agreement, approved by the County on January 10,
1989, includes a 2.5 percent increase in the
overall cost for services. The term of the
amendment is from January 10, 1993 to and including
January 9, 1994 - action requested - APPROVE
AMENDMENT TO AGREEMENT AND AUTHORIZE THE CHAIR TO
SIGN.
27. Enloe Hospital (Home Care Division) - Options for
Recovery Nursing Services - the proposed contract
provides for a .30 full time employee nurse to work
with Child Protective Services staff to develop the
curriculum for training foster parents who work
with medically fragile infants in foster care. The
nurse will also help the foster care recruiter
certify foster homes for the Options Program, and
provide in-home, individualized training to foster
parents with medically fragile infants. The
contract period is January 1, 1993 to December 31,
1993 in the maximum amount of $14,976 (100 percent
State/Grant) - action requested - APPROVE CONTRACT
AND AUTHORIZE THE CHAIR TO SIGN.
28. Dr. James Voss - the contract provides for a
package of psychological testing and evaluation
services (early intervention services) for Welfare
Department Child Protective Services (CPS) clients
from January 1, 1993 to December 31, 1993 in the
maximum amount of $11,000 (State/Federal) - action
requested - APPROVE CONTRACT AND AUTHORIZE THE
CHAIR TO SIGN.
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January 12, 1993
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January 12, 1993
93-03 29. Northern Valley Catholic Social Services
(N.V.C.S.S.) - the proposed contract provides
individual and group therapy services and
psychological evaluations to the Welfare Department
Child Protective Services (CPS) clients from
January 1, 1993 through December 31, 1993 in the
maximum amount of $55,519 (State/Federal) - action
requested - APPROVE CONTRACT AND AUTHORIZE THE
CHAIR TO SIGN.
30. Deferred compensation plan - the County contract
with Sacramento Savings and Loan expires
February 1, 1993. The Board, at its meeting of
November 10, 1992, authorized the Director-
Personnel to solicit proposals for deferred
compensation programs from financial institutions.
No proposals except from Sacramento Savings and
Loan were received - action requested - AUTHORIZE
CONTINUATION OF SACRAMENTO SAVINGS AND LOAN
DEFERRED COMPENSATION PROGRAM FOR A PERIOD OF TWO
YEARS, APPROVE CONTRACT AND AUTHORIZE THE CHAIR TO
SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE
AUDITOR-CONTROLLER.
31. Either sex deer hunt at Grey Lodge Wildlife Area -
the Fish and Game Commission recommends that the
Board, in keeping with past policy, not object to
the proposed either sex deer hunt being planned at
the Grey Lodge Wildlife Area in August, 1993 to
control the Grey Lodge deer herd in relation to the
habitat carrying capacity of the refuge - action
requested - ACCEPT RECOMMENDATION OF FISH AND GAME
COMMISSION.
MOTION: I MOVE TO ADPROVE THE CONSENT AGENDA WITH THE
AMENDMENT OF ITEM 3.33, AND REMOVAL OF ITEMS
3.01, 3.05 AND 3.06.
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
(CHAIR HOUX ABSTAINED FROM THE VOTE ON ITEM 3.16)
RECESS: 9:08 A.M.
RECONVENE: 9:13 A.M.
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January 12, 1993
January 12, 1993
Rectular Agenda
93-04 Appointments - commissions and committees.
a. Appointments to committee vacancies. (415)
MOTION: I MOVE TO REAPPOINT, AS REPRESENTATIVES OF
DISTRICT 1, STEVE ONKEN, BUTTE COUNTY WATER
COMMISSION; DENNIS ROBINSON, SURFACE MINING
AGGREGATE OPERATIONS COMMITTEE; MANUEL
NARANJO, JR., BUTTE COUNTY HOUSING AUTHORITY
BOARD; EUGENE HURRAY, BUTTE COUNTY FAIR BOARD;
AND APPOINT CHARLES M. HANSEN (GERTRUDE
BARTLEY RESIGNED), COUNTY COMMISSION ON AGING
TO TERMS TO EXPIRE JANUARY 6, 1997.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
MOTION: I MOVE TO APPOINT, AS A REPRESENTATIVE OF
DISTRICT 3, DR. LOIS CHRISTENSEN (MARGARET
TAYLOR RESIGNED), COUNTY COMMISSION ON AGING,
TO A TERM TO EXPIRE JANUARY 2, 1995.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
MOTION: I MOVE TO REAPPOINT, AS REPRESENTATIVES OF
DISTRICT 4, GEORGE TANIMOTO, AGRICULTURAL
ADVISORY COMMISSION; AMADOR GARCIA, COUNTY
COMMISSION ON AGING; TOM DONATI AND MELVIN E.
RICHINS, BUTTE COUNTY FAIR BOARD; RANDALL
MELINE, FISH AND GAME COMMISSION; BOB LYNCH,
PLANNING COMMISSION; GORDON MATHEWS, SURFACE
MINING AGGREGATE OPERATIONS COMMITTEE AND
APPOINT FRANK O. FENLEY, COMMUNITY ACTION
AGENCY TO TERMS TO EXPIRE JANUARY 6, 1997.
M S
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
b. Board of Supervisors' 1993 committee assignments -
action requested - MAKE APPOINTMENTS; APPROVE
COMMITTEE ASSIGNMENTS AS PRESENTED; AND DISBAND
INACTIVE COMMITTEES. (619)
MOTION: I MOVE TO APPROVE THE CURRENT LIST OF BOARD
COMMITTEE ASSIGNMENTS AMENDED TO REFLECT BUTTE
COUNTY ASSOCIATION OF GOVERNMENTS, SUPERVISORS
MEYER, McLAUGHLIN AND THOMAS TO TERMS TO
EXPIRE DECEMBER 31, 1996, AND SUPERVISOR HOUX
TO A TERM TO EXPIRE DECEMBER 31, 1994;
SUPERVISORS MEYER AND McLAUGHLIN, DATA
PROCESSING CONTRACT REVIEW COMMITTEE;
Page 09 January 12, 1993
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January 12. 1993
93-04 (Cont'd) SUPERVISOR McLAUGHLIN, JAIL CONSTRUCTION
COMMITTEE; SUPERVISORS DOLAN (5/19/95),
SUPERVISOR McLAUGHLIN (5/19/95), AND
SUPERVISOR THOMAS, ALTERNATE (5/19/95), LOCAL
AGENCY FORMATION COMMISSION; SUPERVISOR
THOMAS, MENTAL HEALTH ADVISORY BOARD
(12/31/95); SUPERVISORS MEYER AND MCLAUGHLIN,
MOORETOWN INDIAN RANCHERIA COMMITTEE;
SUPERVISOR McLAUGHLIN, NORTH STATE WATER
ASSOCIATION (1/31/95); SUPERVISOR DOLAN,
NORTHERN CALIFORNIA COUNTY SUPERVISORS
ASSOCIATION (NORCAL); SUPERVISORS DOLAN AND
MEYER, RE HABILITATION LOAN COMMITTEE;
SUPERVISOR MEYER, SACRAMENTO VALLEY AIR BASIN
CONTROL COUNCIL (AIR POLLUTION CONTROL
OFFICER, ALTERNATE); AND SUPERVISORS
McLAUGHLIN AND THOMAS, SUGGESTION EVALUATION
COMMITTEE.
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
MOTION: I MOVE DISBAND THE FOLLOWING INACTIVE
COMMITTEES: GRIDLEY/BIGGS PRISON STUDY TASK
FORCE; LOCAL ASSESSMENT COMMITTEE (LAC);
MUNICIPAL COURT EVALUATION COMMITTEE;
ORGANIZATIONAL RESTRUCTURING ANALYSIS OR
PUBLIC WORKS/PLANNING/ENVIRONMENTAL HEALTH
COMMITTEE; RFP REVIEW COMMITTEE 1992 COMMUNITY
DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM; AND
WATER MANAGEMENT COMMITTEE JOINT POWERS
AGREEMENT .
S M
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
c. Air Pollution Hearing Board - action requested -
ACCEPT RESIGNATION OF DOROTHY MRAZ-SMITH AND
AUTHORIZE LETTER OF APPRECIATION; AND MAKE
APPOINTMENT (S) .
MOTION: I MOVE TO ACCEPT THE RESIGNATION OF DOROTHY
MRAZ-SMITH AND AUTHORIZE A LETTER OF
APPRECIATION, REAPPOINT CARL LEVERENZ AND
APPOINT DR. ROLLAND ROUSER TO TERMS TO EXPIRE
JANUARY 18, 1996.
M S
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
d. Transit Advisory Committee - action requested -
MAKE APPOINTMENT TO A TERM EXPIRING ON JANUARY 1,
1997.
MOTION: I MOVE TO APPOINT DAVID L. KAMP TO A TERM TO
EXPIRE JANUARY 1, 1997.
M S
VOTE : 1 Y 2 Y 3 Y 4
Page 10
Y 5 Y (Unanimously Carried)
January 12, 1993
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January 12, 1993
93-04 e. AB 939 Recycling and Source Reduction
Implementation Committee - action requested -
APPOINT TWO MEMBERS OF THE BOARD. (CHAIR ROUX
APPOINTED SUPERVISORS DOLAN AND THOMAS)
93-05 Department head compensation - reconsideration of Board
action of December 15, 1992 - discussion and possible
action. (930) (NO ACTION TAKEN)
RECESS: 10:12 A.M.
RECONVENE: 10:16 A.M.
Public Hearings and Timed Items
93-06 Public hearing - Elizabeth M. Metzger - consideration of
an appeal of the Planning Commission's denial of a rezone
on 66.7 acres (item on which an environmental impact
report has been prepared) from A-5 (agricultural - five
acre parcels) to SR-1 (suburban residential - one acre
parcels), property located on the northwest corner of
Holland Avenue and Hanlon Road, AP 039-250-030, Durham.
(2343) (**00) (***00)
MOTION: I MOVE TO A. FIND THAT THE REQUIREMENTS OF
CEQA HAVE BEEN COMPLETED AND CONSIDERED IN
MAKING THIS DECISION; B. FIND THAT THE
ORCHARD AND FIELD CROPS LAND USE DESIGNATION
AND POLICIES OF THE DURHAM-DAYTON-NELSON PLAN
ADOPTED ON FEBRUARY 25, 1992 APPLY TO THIS
PROJECT; FIND THAT THE REZONE IS NOT
CONSISTENT WITH THE ORCHARD AND FIELD CROPS
GENERAL PLAN LAND USE DESIGNATION; FIND THAT
THE PROJECT IS IN AN AGRICULTURAL AREA AND
THAT APPROVAL OF THE REQUEST WOULD
SIGNIFICANTLY IMPACT AGRICULTURAL USES AND
ACTIVITIES IN THE AREA; E. FIND THAT THE
PROJECT WOULD RESULT IN A DEVELOPMENT THAT IS
NOT CONSISTENT WITH ADJACENT LAND USES OR
DENSITIES AND THAT THIS PROJECT WOULD SET A
PRECEDENT FOR FUTURE DEVELOPMENT PATTERNS THAT
ARE IN CONFLICT WITH THE DURHAM-DAYTON-NELSON
AREA PLAN AND POLICIES; F. FIND THAT EVEN IF
THE PREVIOUS LAND USE DESIGNATION APPLIED, THE
PROJECT WOULD NOT BE CONSISTENT WITH THE LOW
DENSITY RESIDENTIAL SITE DESIGNATION CRITERIA
AND ZONING FACTORS; AND G. DENY THE REZONE ON
PROPERTY IDENTIFIED AS AP 0039-250-030
(ELIZABETH METZGER).
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 N (Motion Carried)
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January 12, 1993
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January 12. 1993
Rectular Agenda
93-07 Consideration of 1993 legislative platform - action
requested - ADOPT PLATFORM. (DALE WAGERMAN, WAGERMAN
ASSOCIATES, INC.) (428)
MOTION: I MOVE TO ADOPT THE PLATFORM AS PRESENTED.
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
Public Hearings and Timed Items
93-08 Air Pollution Control District
Recess at 12:33 p.m. as Board of Supervisors and convene
as the Air Pollution Control District Board of Directors.
Present: Directors Meyer, Dolan, McLaughlin, Thomas and
Chair Houx. (802)
a. Approval of minutes - action requested - APPROVE
MINUTES OF NOVEMBER 17, 1992.
MOTION: I MOVE TO APPROVE THE MINUTES OF NOVEMBER 17,
1992.
M S
VOTE : 1 AB 2 Y 3 Y 4 Y 5 AB (Unanimously Carried)
b. Public hearing - Air Pollution Control District -
new rule 241 (cutback and emulsified asphalt) and
amendment of rule 102 (definitions-volatile organic
compound), and new rule 430 (new source review) -
action requested - ADOPT RESOLUTION APPROVING RULE
241 AND AMENDED RULE 102, AND ADOPT RESOLUTION
APPROVING RULE 430 AND AUTHORIZE THE CHAIR TO SIGN.
MOTION: I MOVE TO ADOPT RESOLUTION 93-01 AMENDING RULE
102 AND APPROVING RULE 241; ADOPT RESOLUTION
93-02 APPROVING RULE 430 AND AUTHORIZE THE
CHAIR TO SIGN; AND DIRECT THE AIR POLLUTION
CONTROL OFFICER TO DEVELOP LANGUAGE
IMPLEMENTING A POLICY STATEMENT FOR NEW SOURCE
REVIEW FOR APPROVAL BY THE BOARD AT ITS
EARLIEST POSSIBLE MEETING.
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
Adjourn at 1:03 p.m. as the Air Pollution Control
District Board of Directors and reconvene as the Board of
Supervisors.
Page 12
January 12, 1993
January 12. 1993
RECESS: 1:03 P.M.
RECONVENE: 2:20 P.M.
93-09 Public hearing - Draft General Housing Element for Butte
County (proposed negative declaration with mitigation
measures). The Housing Element is one of seven elements
of the Butte County General Plan required by State law.
The purpose of the public hearing is to explain the
contents of the Housing Element and the proposed housing
programs and to solicit public comments on both the
factual background information in the Element and the
proposed programs. The Housing Element applies to the
unincorporated County area only. (1766) (****00)
MOTION: I MOVE THAT THE BOARD ACCEPT THE PUBLIC
COMMENTS, DIRECT CORRECTIONS TO CONSULTANT,
AND APPROVE SUBMISSION OF THE DRAFT BUTTE
COUNTY HOUSING ELEMENT TO THE CALIFORNIA
DEPARTMENT OF HOUSING AND COMMUNITY
DEVELOPMENT (HCD).
M S
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
Regular Agenda
93-10 City of Oroville - office space agreement - action
requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO
SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE
AUDITOR-CONTROLLER. (140)
MOTION: I MOVE TO APPROVE THE AGREEMENT AND AUTHORIZE
THE CHAIR TO SIGN SUBJECT TO APPROVAL OF
COUNTY COUNSEL AND THE AUDITOR-CONTROL.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
93-11 Award of bid - Superior Court public address/sound
system - action requested - AUTHORIZE ACQUISITION AND
INSTALLATION OF SOUND SYSTEM; AWARD BID; AND DIRECT THE
AUDITOR-CONTROLLER TO PREPARE A BUDGET TRANSFER IN THE
AMOUNT OF THE AWARDED BID FROM RESTRICTED, UNRESERVED
FUND BALANCE WITHIN FUND 60 TO THE APPROPRIATE SUPERIOR
COURT ACCOUNTS. (185)
Page 13
January 12, 1993
January 12, 1993
93-11 MOTION: I MOVE TO AUTHORIZE ACQUISITION AND
INSTALLATION OF SOUND SYSTEM; AWARD BID TO LOW
BIDDER QUALITY SOUND OF STOCKTON, CALIFORNIA
IN THE AMOUNT OF $45,503; AND DIRECT THE
AUDITOR-CONTROLLER TO PREPARE A BUDGET
TRANSFER IN THE AMOUNT OF THE AWARDED BID FROM
RESTRICTED, UNRESERVED FUND BALANCE WITHIN
FUND 60 TO THE APPROPRIATE SUPERIOR COURT
ACCOUNTS.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
93-12 Items removed from the Consent Agenda for Board
consideration and action. (230)
1. Approval of minutes - action requested - APPROVE
MINUTES OF DECEMBER 15, 1992.
MOTION: I MOVE TO APPROVE THE MINUTES OF DECEMBER 15,
1992.
S M
VOTE: 1 AB 2 Y 3 Y 4 Y 5 AB (Unanimously Carried)
2. District 3 committee reappointments - action
requested - REAPPOINTMENTS TO TERMS TO EXPIRE
JANUARY 2, 1995: RICHARD CURTIS, AGRICULTURAL
ADVISORY COMMISSION; BRUCE V. STRICKLER, BUTTE
COUNTY FAIR BOARD; REV. JIM AUSTIN, BUTTE COUNTY
HOUSING AUTHORITY; LANCE TENNIS, BUTTE COUNTY WATER
COMMISSION; KAY MATZDORFF, COMMUNITY ACTION AGENCY;
BILL BROUHARD, ECONOMIC DEVELOPMENT CORPORATION OF
BUTTE COUNTY, OVERALL ECONOMIC DEVELOPMENT PROGRAM
COMMITTEE, AND INDUSTRIAL DEVELOPMENT AUTHORITY;
GERDA LYDON, FISH AND GAME COMMISSION; AND CHUCK
NELSON, PLANNING COMMISSION.
MOTION: I MOVE FOR THE ACTION AS REQUESTED.
S M
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
3. Oroville Memorial Hall - action requested -
REAPPOINT ROLAND STRANG, AMERICAN LEGION POST 95
(DELEGATE), DALE DEMO, VETERANS FOREIGN WARS POST
9602 (DELEGATE), CARL A. YOUNG, SUB VETS WWII
(DELEGATE), AND ERNEST NATWTCK, SUB VETS WWII
(ALTERNATE), AND APPOINT CHARLES ROBERTSON,
AMERICAN LEGION POST 95 (ALTERNATE), ALLYN TARBUSH,
DISABLED AMERICAN VETERANS (DELEGATE), DAVE ROCK,
DISABLED AMERICAN VETERANS (ALTERNATE), LLOYD M.
BLACKWELL, VETERANS FOREIGN WARS POST 9602
(ALTERNATE), DENNIS PERKINS, VETERANS FOREIGN WARS
POST 1747 (DELEGATE), AND BOBBY LEVERETT, VETERANS
FOREIGN WARS POST 1747 (ALTERNATE) TO TERMS TO
EXPIRE JUNE 30, 1993. (CONTINUED TO THE BOARD
MEETING OF JANUARY 26, 1993)
Page 14
January 12, 1993
r^~
January 12. 1993
-~
93-13 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.) (340)
1. Lavon Weir, Palermo - referred to her letter to the
Board dated January 11, 1993 and the alleged
contamination by Koppers and water treatment plant
on Lone Tree Road, Oroville.
2. Otto Hansen, Oroville - told water safe (alleged
Koppers contamination) - wife's illnesses.
3. Dave Strunk, Napa - is the Board willing to
reconsider their action on the Metzger rezone?, and
refund of $579 appeal application fee paid under
protest.
4. James Hansen, Oroville - referred to his letter
dated January 9, 1993, and demanded a written
response to his questions regarding the alleged
water contamination, Beazer Corp. and the water
treatment plant.
5. Frances Kelley, Oroville - complimented Chair Houx
on being a very gracious Chair through a stressful
day.
6. Mike Kelley, Oroville - reiterated his wife's
compliment of Chair Houx.
93-14 CLOSED SESSION: The Board recessed at 3:30 p.m. to a
closed session for the purpose of
actual litigation pursuant to
Government Code Section 54956.9(a)
(Holcomb v. County of Butte and
Graves v. County of Butte) , and meet
and confer.
RECONVENE: The Board reconvened at 4:08 p.m.
following a closed session for the
purpose of actual litigation
pursuant to Government Code Section
54956.9(a) (Holcomb v. County of
Butte and Graves v. County of
Butte), and meet and confer. (NO
ANNOUNCEMENTS)
Page 15
January 12, 1993
January 12. 1993
93-15 Communications
Communications received and referred. (COPIES OF ALL
COMMUNICATIONS ARE AVAILABLE IN THE CLERK OF THE BOARD
OFFICE.)
a. Marian Gage, Butte County DATE Coordinator -
submits her resignation from the AIDS Task Force -
action requested - ACCEPT RESIGNATION; AUTHORIZE
LETTER OF APPRECIATION; AND REFER TO CLERK OF THE
BOARD.
b. Hon. Mike Thompson, Senator, 4th District -
forwards his congratulations to the County for its
recent success in attaining a grant from the
Planning and Technical Assistance Allocation of the
1992 State Community Development Block Grant (CDBG)
Program, and to commend the County for its efforts
to assist the development of affordable housing in
our community - action requested - REFER TO CHIEF
ADMINISTRATIVE OFFICER.
c. State Office of Historic Preservation - notifies
the Board of a hearing of the State Historical
Resources Commission on February 5, 1993 for the
consideration of a request to relocate National
Register property, Magalia Community Church,
Stirling Highway, Magalia - action requested -
ACCEPT FOR INFORMATION.
d. Chester M. Winn, Chief, Division of Fiscal
Services, State Department of Water Resources -
forwards to the Board a revision of the County's
1993 Statement of Charges issued July 1, 1992. The
revision reflects the removal of the effect of
projected costs (approximately $0.23 per acre-foot)
for Kern Water Bank construction and operation from
the 1993 Delta Water Charges to long-term SWP
contractors - action requested - REFER TO CHIEF
ADMINISTRATIVE OFFICER, COUNTY COUNSEL, AUDITOR-
CONTROLLER, DIRECTOR-PUBLIC WORKS, AND BUTTE COUNTY
WATER COMMISSION.
e. Phillip Balmat, Stockton, CA. - forwards to the
Board a letter of commendation for the excellent
service, helpful attitude and pleasant nature of
Ms. Joan Krouse of the County's Recorder's Office -
action requested - REFER TO COUNTY CLERK-RECORDER
AND DIRECTOR-PERSONNEL.
Page 16
January 12, 1993
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January 12, 1993
ADJOURNMENT: There being no further business before
the Board, the meeting was adjourned at
4:08 p.m. to reconvene on Tuesday,
January 26, 1993;at 9:00 a.m.
1 1
~rl.~~,~~ 1, r.~~ ~ ~ " t. `,( ,~~/
MARY ~7NE HOUX, Chair
ATTEST:
JOHN S. BLACKLOC , Chief Administrative Officer
and Clerk of he Board of Supervisors
By : ck.1-~..
Page 17
January 12, 1993