HomeMy WebLinkAboutM012693
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January 26, 1993
Call to order - Board of Supervisors room, County
Administration Building, 25 County Center Drive,
Oroville. Supervisors Meyer, Dolan, McLaughlin, Thomas
and Chair Houx present. John S. Blacklock, chief
administrative officer; Susan Minasian, county counsel;
and Carol Roach, assistant clerk of the Board.
Pledge of allegiance to the Flag of the United States of
America.
93-16 Items removed from the Consent Agenda for Board
consideration and action.
1. Butte County Water Commission - action requested -
REAPPOINT JEAN PRATT (DISTRICT 4) TO A TERM TO
EXPIRE DECEMBER 31, 1996.
2. Paradise Skypark Airport - acquisition of land
located in the clear zones - action requested -
DIRECT THE DIRECTOR-PUBLIC WORKS TO WORK WITH THE
AIRPORT OWNER TO IDENTIFY THE LIMITS OF THE
PROJECT, COST, AND SOURCE OF MATCHING FUNDS, AND
REPORT TO THE BOARD IN ANTICIPATION OF A REQUEST TO
THE BUTTE COUNTY ASSOCIATION OF GOVERNMENTS (BCAG)
TO INCLUDE THE LAND LOCATED IN THE CLEAR ZONE(S) IN
THE STATE TRANSPORTATION IMPROVEMENT FUND (STIP)
AND IN THE REGIONAL TRANSPORTATION IMPROVEMENT
PROGRAM.
3. Harold and Carol Hill, Paradise - file a claim for
$25,000,000 for alleged injuries and damages
sustained as a result of action by the District
Attorney and local law enforcement agencies on or
about August 17, 1992 at their residence - action
requested - REJECT CLAIM AND REFER TO RISK MANAGER
AND COUNTY COUNSEL.
Page 18
January 26, 1993
January 26, 1993
93-16
4. Sheriff-Coroner - Board authorization is requested
for the purchase of two snowmobiles, two mobile
radios and safety equipment for the Sheriff's
Snowmobile Patrol Detail in the maximum amount of
$13,000 (Off-Highway Vehicle [OHV] Trust Fund).
The snowmobiles will be utilized in the Butte
Meadows-Jonesville and Mountain House-Brush Creek
areas, and will be operated in conjunction with the
Off-Highway Vehicle Grant which reimburses the
County for deputy salaries to operate the
snowmobiles. Budget transfer B-66 has been
prepared for the necessary appropriation - action
requested - APPROVE PURCHASE OF FIXED ASSET ITEMS.
5. Sale of surplus County property - a resolution has
been prepared approving the sale of real property
identified as AP 025-280-019 and -020, property
located on the north side of Vance Avenue,
approximately 0.6 miles east of Larkin Road,
Gridley, to Mathews Readymix, Inc. in the amount of
$175,001 cash - action requested - ADOPT RESOLUTION
AND AUTHORIZE THE CHAIR TO SIGN UPON SATISFACTION
OF ESCROW INSTRUCTIONS.
6. Annual inventory of County property - Government
Code Section 24051 - the Auditor-Controller has
prepared a summary list of numerous items of fixed
asset equipment that have been deemed destroyed,
damaged, stolen or unlocatable - action requested -
REFER TO THE DISTRICT ATTORNEY FOR INVESTIGATION
AND REPORT PURSUANT TO ARTICLE VIII, SECTION II OF
THE BUTTE COUNTY CHARTER.
7. Adoption 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 - ADOPT ORDINANCE AND
AUTHORIZE THE CHAIR TO SIGN. (FROM 1-12-93)
8. Adoption 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 - ADOPT ORDINANCE AND AUTHORIZE THE CHAIR
TO SIGN. (FROM 1-12-93)
Page 19 January 26, 1993
January 26. 1993
93-16 9. Introduction of a salary ordinance amendment
authorizing a Welfare Department (Administration
Division) position of Office Assistant II, I that
was frozen as part of the 1992-93 final budget, and
funded by the Board on December 1, 1992 due to the
availability of increased state funds - action
requested - WAIVE READING OF THE ORDINANCE.
10. University of California, Davis - the proposed
agreement provides a major skills training program
in accordance with the County's annual training
program for personnel who provide eligibility
services for 1992-1993 in the maximum amount of
$24,000 ($3,600 in-kind match by University equal
to 15 percent of the total/$20,400 [85 percent]
subvented funds). Budget transfer B-71 has been
prepared for the necessary appropriation - action
requested - APPROVE AGREEMENT AND AUTHORIZE THE
CHAIR TO SIGN.
93-17 Consent Agenda
1. Approval of minutes - action requested - APPROVE
MINUTES OF JANUARY 12, 1993.
2. Budget transfers - action requested - APPROVE
BUDGET TRANSFERS B-62 (MENTAL HEALTH), B-63
(GENERAL SERVICES), B-64 (TREASURER), B-65
(SHERIFF-OPERATIONS), B-66 (SHERIFF-SPECIAL
ENFORCEMENT), B-67 (DEVELOPMENT SERVICES), B-68
(FIRE-REGULAR), B-69 (CSA N0. 111 [HAIKU ESTATES]),
B-70 (SUPERIOR COURT), AND B-71 (WELFARE-
ADMINISTRATION).
3. Fire Department - the Forest Ranch Volunteer Fire
Company would like to donate to the County two
Bendix/King hand held radios, model EPH5141A
(serial nos. C31165/C34289) - action requested -
ACCEPT DONATIONS AND AUTHORIZE LETTER OF
APPRECIATION.
4. Fire Department - the Pioneer Volunteer Fire
Department would like to donate to the County a
Paladin rescue tool and accessories to include a
spreader and cutter (no. 62400B), ram (67142), and
power plant Honda 5,000 (serial no. 347R032), two
sonic radio headsets, and three King Handi-Talkies
(serial nvs. 146611, 208914 and 146613) - action
requested - ACCEPT DONATIONS AND AUTHORIZE LETTER
OF APPRECIATION.
Page 20 January 26, 1993
January 26, 1993
93-17 5. County Library donations - in accordance with
Government Code Section 25355, donations of $401
anonymously, $205 from Paradise Friends of the
Library, and $100 from S. H. and Dorothy Matteson,
Chico have been received for the Butte County
Library Trust Fund for the purchase of books -
action requested - ACCEPT DONATIONS AND AUTHORIZE
LETTERS OF APPRECIATION.
6. Butte County Fair Board - action requested -
REAPPOINT LES JOHNSON (DISTRICT 5) TO A TERM TO
EXPIRE JANUARY 6, 1997.
7. Law Library Trustees - action requested - REAPPOINT
RAOUL LeCLERC (ATTORNEY) AND GARY KNIPPEN (EX
OFFICIO TRUSTEE AND BOARD DESIGNEE) TO SERVE UNTIL
JANUARY 1, 1994.
8. North State Water Association - action requested -
REAPPOINT JEAN PRATT ( PUBLIC MEMBER) TO A TERM TO
EXPIRE JANUARY, 1995.
9. Brian and Patricia Robinson - tentative
cancellation of Land Conservation Act agreement,
withdrawal of 24.8 acres leaving a 19.45 acre
parcel under contract, property located on the west
side of the Midway, approximately .4 miles north of
the Durham-Dayton Highway, AP 40-18-53 and -54,
Durham, approved by the Board at its meeting of
March 24, 1992 subject to the payment of
cancellation fees in the amount of $20,625. The
Auditor-Controller has notified the Board of
receipt of said cancellation fees - action
requested - APPROVE FINAL CERTIFICATE OF
CANCELLATION OF LAND CONSERVATION ACT AGREEMENT AND
AUTHORIZE THE CHIEF ADMINISTRATIVE OFFICER TO SIGN,
AND DIRECT THE RECORDING OF SAID CERTIFICATE WITH
THE COUNTY CLERK-RECORDER.
10. Land Conservation Act agreement - the Land
Conservation Act Advisory Committee has considered
and recommends for approval the application of
Bertagna Orchards, Inc. for inclusion of 53.47
acres, AP 039-190-015, into a land conservation
agreement (orchard) - action requested - APPROVE
APPLICATION FOR LAND AGRICULTURAL AGREEMENT AND
AUTHORIZE THE CHAIR TO SIGN THE LAND CONSERVATION
AGREEMENT.
Page 21
January 26, 1993
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January 26, 1993
93-17 11. Mathews Readymix, Inc. (AP 025-280-019, -020) -
mining permit and reclamation plan - proposed is a
monitoring - enforcement funding agreement to
implement condition 8 of the mining permit
(Permittee to enter into an agreement with the
County to fund a portion of the costs of monitoring
the mining operations by the County to ensure
compliance with the conditions of approval, and
costs of enforcement, if necessary} - action
requested - APPROVE AGREEMENT AND AUTHORIZE THE
CHAIR TO SIGN.
12. William and Collette Hill, Paradise - file a claim
for $25,000,000 for alleged injuries and damages
sustained as a result of action by the District
Attorney and local law enforcement agencies on or
about August 17, 1992 at their residence, Paradise
Airport, Paradise Auto Sales, and Bidwell and Lime
Saddle Marinas, Lake Oroville - action requested -
REJECT CLAIM AND REFER TO RISK MANAGER AND COUNTY
COUNSEL.
13. Fire Department - Board authorization is requested
for the purchase of an inflatable, level three
rescue sled in the maximum amount of $1,300 for use
by the Drowning Accident Rescue Team (D.A.R.T.)
team for water rescues. Budget transfer B-68 has
been prepared for the necessary appropriation -
action requested - APPROVE PURCHASE OF FIXED ASSET
ITEM.
14. Sheriff-Coroner - Board authorization is requested
to purchase a G3 SG/1 rifle, calibre 7.62 for use
by the Special Enforcement Unit at a cost of $1,527
plus tax and shipping (Narcotics Asset Seizure
Fund). Budget transfer B-65 has been prepared for
the necessary appropriation - action requested -
APPROVE PURCHASE OF FIXED ASSET ITEM.
15. Investment information report - the Treasurer-Tax
Collector submits the December 31, 1992 report in
accordance with AB 1073 and the County's investment
policy - action requested - ACCEPT FOR INFORMATION.
16. Introduction of an ordinance amending Section 20-48
and Subsection (b) of Section 20-95 of the Butte
County Code regarding the definition of
"subdivision" and requirements for boundary line
adjustments - the proposed ordinance amends the
definition of "subdivision" to include any division
by gift deed on or after March 13, 1993 and amends
requirements for boundary line adjustments - action
requested - WAIVE READING OF THE ORDINANCE.
Page 22
January 26, 1993
January 26, 1993
93-17 17. Resolution designating February as American History
Month - Daughters of American Revolution, Golden
Nugget Chapter (Paradise) - action requested -
ADOPT RESOLUTION 93-04 AND AUTHORIZE THE CHAIR TO
SIGN.
18. Resolution designating the Community Action Agency
of Butte County as the agency for distribution of
U.S.D.A. surplus commodities in Butte County -
action requested - ADOPT RESOLUTION 93-05 AND
AUTHORIZE THE CHAIR TO SIGN.
19. Notice of completion for reconstruction of Larkin
Road (Almond Avenue to Dos Rios Road), County
contract no. 02392-91-1 - all work has been
completed in accordance with the plans and
specifications - action requested - ACCEPT PROJECT,
AUTHORIZE CHAIR TO SIGN THE NOTICE OF COMPLETION,
AND AUTHORIZE RECORDING OF THE NOTICE OF
COMPLETION.
20. 1992-93 State Department of Pesticide Regulation -
the proposed contract (no. 92-0512) provides for
the submission of pesticide use reports to the
State through a computer program via floppy disks
and according to date requirements stated in the
contract. The total amount of this contract shall
not exceed $5,400 in additional revenue to Butte
County to defray the cost of the reporting
program - action requested - APPROVE CONTRACT AND
AUTHORIZE THE CHAIR TO SIGN.
21. City of Chico/County of Butte - the City of Chico
has adopted an ordinance which provides for the
levy of assessment installments in lieu of payment
of sewer connection fees. The City is willing to
extend this option to residents of the
unincorporated area - action requested - APPROVE
AGREEMENT AUTHORIZING THE LEVY OF ASSESSMENT
INSTALLMENTS IN LIEU OF PAYMENT OF SEWER SYSTEM
CONNECTION FEES PURSUANT TO CHAPTER 3.82 OF THE
CHICO MUNICIPAL CODE AND AUTHORIZE THE CHAIR TO
SIGN.
Page 23
January 26, 1993
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January 26, 1993
93-17 22. Joint Exercise of Powers Agreement (JPA) -
proposed is a JPA on behalf of Butte County, in
conjunction with Sutter County, Yuba City, Live
Oak, and Levee Districts 1 and 9, which will create
a public agency known as the West Feather River
Levee Reconstruction Agency. This Agency will be
empowered to render the necessary fiscal and legal
representations and assurances to the Federal and
State government so that levee reconstruction work
along the West Feather River may commence. This
agency will be prohibited from any assessment levy
upon any property in Butte County - action
requested - APPROVE AGREEMENT AND AUTHORIZE THE
CHAIR TO SIGN.
23. Chico Redevelopment Agency - the proposed agreement
is for the Chico Redevelopment Agency to provide
$11,200 to the County's Mental Health Department to
provide emergency housing to homeless mentally ill
clients within the Chico area commencing November
1, 1992 through June 30, 1993 - action requested -
APPROVE AGREEMENT AND AUTHORIZE THE CHAIR AND
DIRECTOR-MENTAL HEALTH TO SIGN.
24. State Department of Mental Health - the proposed
contract (no. 92-72071) commencing July 1, 1992
through June 30, 1993 reimburses the County in full
for expenses incurred on the Primary Intervention
Program contract between the Mental Health
Department and the Oroville Elementary School
District. The maximum amount of the agreement is
$14,971. This program is an integral part of the
Mental Health Department's Youth Treatment Services
Unit - action requested - APPROVE CONTRACT AND
AUTHORIZE THE CHAIR TO SIGN.
25. County of Butte/Town of Paradise - proposed is an
agreement for the Town of Paradise to maintain
Environmental Health Division (sanitation)
documents for projects within the Town commencing
December 1, 1992 - action requested - APPROVE
AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN.
Page 24
January 26, 1993
January 26. 1993
93-17 26. Memorandum of Understanding (MOU) with the State
Department of Health Services for the provision of
HIV testing - 100 percent State funds are available
to the County's Department of Public Health for the
provision of free, anonymous and confidential
testing services for the detection of antibodies to
the probable causative agent of human
immunodeficiency virus (HIV). Educational
information and referral services are provided to
individuals tested. The term of the MOU is July 1,
1992 to June 30, 1993 in the maximum amount of
$34,505 - action requested - APPROVE MEMORANDUM OF
UNDERSTANDING AND AUTHORIZE THE CHAIR TO SIGN.
27. Pacific Union College - under the terms of the
proposed contract, the County will allow selected
students of the Pacific Union College Baccalaureate
Nursing Program to receive experience in clinical
areas mutually agreed upon between the college and
the Department of Public Health. There are no
funds involved in this contract - action
requested - APPROVE CONTRACT AND AUTHORIZE THE
CHAIR TO SIGN.
28. Regents of the University of California - under the
proposed agreement, the University of California at
Santa Barbara provides the technical assistance
needed to maintain and update the Automated Vital
Statistics System (AVSS). By utilizing AVSS, much
of the birth registration process is automated.
The term of the agreement is July 1, 1992 through
June 30, 1993, and is in the maximum amount of
$2,500 (Vital Records Improvement Trust Fund) -
action requested - APPROVE AGREEMENT AND AUTHORIZE
THE CHAIR TO SIGN.
29. Conflict of Interest Codes - Bangor Cemetery
District, Reclamation District 833, and Magalia
County Water District - action requested - RESCIND
BOARD ACTION OF NOVEMBER 10, 1992 (MINUTE ORDER 92-
417[49]) APPROVING THEIR CONFLICT OF INTEREST CODES
AS SUBMITTED, AND PURSUANT TO GOVERNMENT CODE
SECTION 87303(B), REVISE THE PLACE OF FILING ON THE
PROPOSED CODES, AND APPROVE CODES AS REVISED.
30. Annual compensation study -
Director-Personnel pursuant to
System and Personnel Rules Sec
requested - ADOPT THE
CLASSIFICATION OF COMPARATIVE
STUDY.
submitted by the
the County's Merit
:t ion 12.2 - action
ANNUAL BENCHMARK
WAGE AND BENEFITS
Page 25 January 26, 1993
January 26, 1993
93-17 31. Destruction of records - birth certificates, death
certificates and permits for disposition - the
Director-Public Health requests Board
authorization, pursuant to Health and Safety Code
Section 10064, for the destruction of these records
filed prior to January 1, 1992. Approval by the
State Registrar has been obtained. The State
stores the original and a microfilm copy of each
record, and copies are on file in the office of
the County Recorder - action requested - AUTHORIZE
DESTRUCTION OF RECORDS.
MOTION: I MOVE TO APPROVE THE CONSENT AGENDA WITH THE
REMOVAL OF ITEMS 3.07, 3.13, 3.14, 3.17, 3.19,
3.20, 3.22, 3.23, 3.24 AND 3.38.
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
(CHAIR HOUX ABSTAINED FROM VOTING ON ITEM 3.32 OF THE
CONSENT AGENDA)
Regular Agenda
93-18 Appointments - commissions and committees.
a. Appointments to committee vacancies.
MOTION: I MOVE TO REAPPOINT WILLIAM MITCHEL TO THE
BUTTE COUNTY HOUSING AUTHORITY BOARD (DISTRICT
5) TO A TERM TO EXPIRE DECEMBER 31, 1996.
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
MOTION: I MOVE TO APPOINT BARBARA VLAMIS TO THE
SURFACE MINING AGGREGATE OPERATIONS COMMITTEE
(DISTRICT 2) TO A TERM TO EXPIRE DECEMBER 31,
1994.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
MOTION: I MOVE TO REAPPOINT JEAN PRATT (DISTRICT 4) TO
THE BUTTE COUNTY WATER COMMISSION TO A TERM TO
EXPIRE DECEMBER 31, 1996. (REFER TO CONSENT
AGENDA, ITEM 3.07)
S M
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
Page 26
January 26, 1993
January 26, 1993
93-18 MOTION: I MOVE TO APPOINT, AS REPRESENTATIVES OF
DISTRICT 1, MYRON OPENSHAW, AGRICULTURAL
ADVISORY COMMISSION, BOB POST, FISH AND GAME
COMMISSION, AND LYNN VANHART, BUTTE COUNTY
MOSQUITO ABATEMENT DISTRICT TO TERMS TO EXPIRE
DECEMBER 31, 1996.
M S
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y {Unanimously Carried)
b. Appointment to vacancy on Surface Mining Aggregate
Operations Committee - action requested:
1. ACKNOWLEDGE THAT VACANCY EXISTS IN POSITION
HELD BY LOUIS CAMENZIND, JR. (DISTRICT 3); AND
2. ACCEPT NOMINATION FROM DISTRICT 3 SUPERVISOR
AND APPOINT COMMITTEE MEMBER TO FILL VACANCY.
(NO ACTION TAKEN)
MOTION: I MOVE TO ACKNOWLEDGE THAT A VACANCY EXISTS IN
THE POSITION HELD BY LOUIS CAMENZIND, JR.
(DISTRICT 3) ON THE SURFACE MINING AGGREGATE
OPERATIONS COMMITTEE.
M S
VOTE: 1 Y 2 Y 3 Y 4 Y 5 N (Motion Carried)
93-19 Conflict of interest code - Lake Madrone Water District
has requested exemption from Government Code Section
87300, requiring the adoption and promulgation of a
Conflict of Interest Code. County Counsel has reviewed
this request for exemption and determined that it is
proper - action requested - APPROVE REQUEST FOR EXEMPTION
PURSUANT TO REGULATION 18751. (893)
MOTION: I MOVE TO DENY THE REQUEST FOR EXEMPTION.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
RECESS: 9:52 A.M.
RECONVENE: 10:05 A.M.
Page 27
January 26, 1993
January 26, 1993
Public Hearincrs and Timed It
93-20 Public hearing - Rancho Esquon Partners - consideration
of an appeal of the Planning Commission's denial of a
general plan amendment (item on which an environmental
impact report has been prepared) to change the land use
designations on 772 acres from agricultural
residential/grazing and open land to approximately 752
acres of low density residential and 20 acres of
commercial, property located on the south side of Durham-
Dayton Highway, approximately 2,000 feet west of Highway
99, AP 040-570-006 and a portion of 040-140-001, 002 and
066, Durham. (1448) (**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
GENERAL PLAN AMENDMENT IS NOT CONSISTENT WITH
THE GOALS, OBJECTIVES, AND POLICIES OF THE
GENERAL PLAN LAND USE ELEMENT; (C) FIND THAT
THE PROJECT IS NOT CONSISTENT WITH THE
RECENTLY ADOPTED POLICIES AND LAND USES OF THE
DURHAM-DAYTON-NELSON AREA PLAN; (D) FIND THAT
THE PROJECT IS IN A PREDOMINANTLY 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 AN ISOLATED COMMUNITY
THAT WOULD SET A PRECEDENT FOR FUTURE
DEVELOPMENT PATTERNS THAT ARE IN CONFLICT WITH
CURRENT POLICY; (F) FIND THAT THE PROJECT IS
NOT ADJACENT TO OR NEAR RESIDENTIAL USES AND
DENSITIES THAT ARE COMPARABLE TO THE REQUESTED
AMENDMENT AND IT IS, THEREFORE, NOT CONSISTENT
WITH THE SURROUNDING DEVELOPMENT PATTERN AND
LAND USES; (G) FIND THAT ADEQUATE UNDEVELOPED
LAND EXISTS IN AND AROUND THE COUNTY'S URBAN
AREAS TO SERVE THE PRESENT DEMAND FOR
DEVELOPMENT; (H) THE BOARD OF SUPERVISORS
TAKE NO ACTION ON THE ENVIRONMENTAL IMPACT
REPORT; AND (I} DENY THE GENERAL PLAN
AMENDMENT ON THE PROPERTY IDENTIFIED AS
AP 040-570-006 AND A PORTION OF AP 040-570-001
AND 002, AND A PORTION OF AP 040-140-066
(RANCHO ESQUON PARTNERS).
S M
VOTE: 1 N 2 Y 3 Y 4 Y 5 N (Motion Carried)
Page 28
January 26, 1993
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January 26, 1993
Reqular Agenda
93-21 County Service Area No. 130 (Richardson Springs) - "Youth
with a Mission" - discussion, status update and
consideration of possible Board action as follows:
A. ADOPT A RESOLUTION ACCEPTING AND CERTIFYING THE
ENVIRONMENTAL IMPACT REPORT, ADOPTING A MITIGATION
MONITORING PLAN AND DIRECTING THE FILING OF A
NOTICE OF DETERMINATION FOR THE RICHARDSON SPRINGS
WASTEWATER IMPROVEMENT PROJECT.;
B. ADOPT A RESOLUTION AUTHORIZING FILING OF AN
APPLICATION FOR, AND EXECUTION OF, A SMALL
COMMUNITY GRANT N0. 250 UNDER THE CALIFORNIA CLEAN
WATER BOND LAW OF 1988.; AND
C. AUTHORIZE COMMUNITY HOUSING IMPROVEMENT PROGRAM
(CHIP) TO PROVIDE ADMINISTRATIVE SERVICES PENDING A
CONTRACT BETWEEN THE COUNTY AND CHIP WHICH PROVIDES
FOR APPROPRIATE COSTS FOR ADMINISTRATION TO BE
SHARED BY CHIP AND THE COUNTY FROM ADMINISTRATION
FUNDS INCLUDED WITHIN THE GRANT. (2594)
MOTION: I MOVE THAT (1) THE MATTER BE CONTINUED UNTZL
THE NEXT BOARD MEETING, FEBRUARY 9, 1993;
(2) IN THE INTERIM, THE BOARD DIRECTS STAFF
TO MEET WITH ALL INTERESTED PARTIES TO
DETERMINE HOW AND IN WHAT MANNER THE PROJECT
MAY CONTINUE SUCH THAT THE COUNTY DOES NOT
ASSUME LIABILITY FOR THE PROJECT; AND (3)
STAFF TO REPORT BACK TO BOARD FOR POSSIBLE
FURTHER ACTION AT THE FEBRUARY 9, 1993 BOARD
MEETING. (REFER TO MINUTE ORDER NO. 93-25)
M S
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
Public Hearings and Timed Items
93-22 Continued hearing - University Foundation, California
State University, Chico - consideration of an appeal of
the requirement for an environmental impact report and an
appeal of a denial of a 13 parcel tentative parcel map on
property identified as Assessor parcels 040-600-019 and -
022, inclusive, and located on the east side of Highway
99 from Neal Road to Butte Creek south of Chico. (2655}
(THE BOARD IS IN RECEIPT OF A LETTER DATED JANUARY 19,
1993 FROM THE UNIVERSITY FOUNDATION, CALIFORNIA STATE
UNIVERSITY, CHICO WITHDRAWING ITS APPLICATION FOR A
TENTATIVE PARCEL MAP)
Page 29 January 26, 1993
January 26, 1993
93-23
County Service Area No. 130 (Richardson Springs) - "Youth
with a Mission" - discussion, status update and
consideration of possible Board action as follows:
A. ADOPT A RESOLUTION ACCEPTING AND CERTIFYING THE
ENVIRONMENTAL IMPACT REPORT, ADOPTING A MITIGATION
MONITORING PLAN AND DIRECTING THE FILING OF A
NOTICE OF DETERMINATION FOR THE RICHARDSON SPRINGS
WASTEWATER IMPROVEMENT PROJECT.;
B. ADOPT A RESOLUTION AUTHORIZING FILING OF AN
APPLICATION FOR, AND EXECUTION OF, A SMALL
COMMUNITY GRANT NO. 250 UNDER THE CALIFORNIA CLEAN
WATER BOND LAW OF 1988.; AND
C. AUTHORIZE COMMUNITY HOUSING IMPROVEMENT PROGRAM
(CHIP) TO PROVIDE ADMINISTRATIVE SERVICES PENDING A
CONTRACT BETWEEN THE COUNTY AND CHIP WHICH PROVIDES
FOR APPROPRIATE COSTS FOR ADMINISTRATION TO BE
SHARED BY CHIP AND THE COUNTY FROM ADMINISTRATION
FUNDS INCLUDED WITHIN THE GRANT. (2753) (***00)
(BOARD DIRECTED THE ADMINISTRATIVE OFFICE, COUNTY
COUNSEL, REPRESENTATIVES OF COMMUNITY HOUSING
IMPROVEMENT PROGRAM (CHIP) AND RICHARDSON SPRINGS
TO MEET DURING THE BOARD RECESS, AND REPORT TO THE
BOARD WHEN IT RECONVENES FOLLOWING RECESS)
93-24 Public hearing - Larry D. Hansen - abandonment of a four
foot public utility easement, between lots 11 and 12 of
the Thengvall Tract, Unit No. 1, identified as AP 029-
250-012 and 013, Richvale - action requested - ADOPT
RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (114)
MOTION: I MOVE TO ADOPT RESOLUTION NO. 93-06 AND
AUTHORIZE THE CHAIR TO SIGN.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
RECESS: 12:15 P.M.
RECONVENE: 1:35 P.M.
Page 30
January 26, 1993
January 26. 1993
93-25
County Service Area No. 130 (Richardson Springs) - "Youth
with a Mission" - discussion, status update and
consideration of possible Board action as follows:
A. ADOPT A RESOLUTION ACCEPTING AND CERTIFYING THE
ENVIRONMENTAL IMPACT REPORT, ADOPTING A MITIGATION
MONITORING PLAN AND DIRECTING THE FILING OF A
NOTICE OF DETERMINATION FOR THE RICHARDSON SPRINGS
WASTEWATER IMPROVEMENT PROJECT.;
B. ADOPT A RESOLUTION AUTHORIZING FILING OF AN
APPLICATION FOR, AND EXECUTION OF, A SMALL
COMMUNITY GRANT NO. 250 UNDER THE CALIFORNIA CLEAN
WATER BOND LAW OF 1988.; AND
C. AUTHORIZE COMMUNITY HOUSING IMPROVEMENT PROGRAM
(CHIP) TO PROVIDE ADMINISTRATIVE SERVICES PENDING A
CONTRACT BETWEEN THE COUNTY AND CHIP WHICH PROVIDES
FOR APPROPRIATE COSTS FOR ADMINISTRATION TO BE
SHARED BY CHIP AND THE COUNTY FROM ADMINISTRATION
FUNDS INCLUDED WITHIN THE GRANT. (137)
MOTION: I MOVE TO RECONSIDER THE BOARD'S PREVIOUS
ACTION ON ITEM 4.06 (MINUTE ORDER NO. 93-21).
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
MOTION: I MOVE TO (A) ADOPT RESOLUTION 93-07
ACCEPTING AND CERTIFYING THE ENVIRONMENTAL
IMPACT REPORT AMENDED TO INCLUDE: MITIGATION
NO. 10. YOUTH WITH A MISSION SHALL BE
REQUIRED TO DISSOLVE COUNTY SERVICE AREA NO.
130 AND FORM A COMMUNITY SERVICES DISTRICT, OR
EQUIVALENT GOVERNMENTAL ENTITY, WHICH WILL
ACCEPT FULLY THE RESPONSIBILITY AND LIABILITY
FOR THE RICHARDSON SPRINGS WASTEWATER
TREATMENT PROJECT DEVELOPMENT AND MAINTENANCE,
INSTEAD OF AND IN PLACE OF THE COUNTY AND/OR
CSA NQ. 130. THE STATE OF CALIFORNIA AND/OR
ITS AGENCIES MUST ACCEPT AND APPROVE THE SHIFT
OF LIABILITY FROM THE COUNTY/CSA NO. 130 TO
THE COMMUNITY SERVICES DISTRICT OR EQUIVALENT
GOVERNMENTAL ENTITY. BOTH OF THE ABOVE MUST
OCCUR PRIOR TO APPROVAL OF THE PROJECT.;
(B) ADOPT RESOLUTION 93-08 AUTHORIZING FILING
OF AN APPLICATION FOR, AND EXECUTION OF, A
SMALL COMMUNITY GRANT NO. 250 UNDER THE
CALIFORNIA CLEAN WATER BOND LAW OF 1988;
Page 31
January 26, 1992
~.
January 26, 1993
93-25 (C) AUTHORIZE COMMUNITY HOUSING IMPROVEMENT
PROGRAM (CHIP} TO PROVIDE ADMINISTRATIVE
SERVICES PENDING A CONTRACT BETWEEN THE COUNTY
AND CHIP WHICH PROVIDES FOR APPROPRIATE COSTS
FOR ADMINISTRATION TO BE SHARED BY CHIP AND
THE COUNTY FROM ADMINISTRATION FUNDS INCLUDED
WITHIN THE GRANT.; AND (D) REQUIRE YOUTH WITH
A MISSION TO DEPOSIT THE SUM OF $25,000 IN THE
FORM OF A CASHIERS CHECK INTO A TRUST FUND
WITH THE COUNTY AUDITOR, THE PURPOSE OF WHICH
IS TO ENSURE AND PROVIDE FOR THE REPAYMENT, IF
NECESSARY, TO THE STATE OF CALIFORNIA, OR ITS
AGENCIES, OF THE FEASIBILITY STUDY GRANT, IN
THE EVENT THE PROJECT IS NOT APPROVED. IN THE
EVENT OF PROJECT APPROVAL, CONDITIONED UPON
ELIMINATION OF COUNTY AND/OR CSA NO. 130
LIABILITY FOR THE PROJECT, AND CONCURRENT
ACCEPTANCE OF SUCH BY THE STATE AND/OR ITS
AGENCIES AS SET FORTH IN MITIGATION CONDITION
NO. 10 OF THE ENVIRONMENTAL IMPACT REPORT, THE
FUNDS WILL BE RELEASED BACK TO YOUTH WITH A
MISSION.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
93-26 Discussion of Interim Land Use Policy Plan and
consideration of appointment of a committee. (375)
(CONTINUED TO THE BOARD AGENDA OF FEBRUARY 9, 1993 FOR
BOARD APPOINTMENTS TO AN INTERIM LAND USE PLAN COMMITTEE
WHOSE CHARGE WILL BE TO REVIEW THE PROPOSED DRAFT LAND
USE LETTER AND ORDINANCE ESTABLISHING AN INTERIM LAND USE
PLAN FOR BUTTE COUNTY)
93-27 Report to the Board - Surface Mining and Reclamation Act
(SMARA). (2592) (****00) (REPORT BY BILL FARREL,
DIRECTOR-DEVELOPMENT SERVICES)
RECESS: 3:15 P.M.
RECONVENE: 3:24 P.M.
93-28 Televising of Board meetings - discussion and possible
action. (412) (CHAIR ROUX AND THE CHIEF ADMINISTRATIVE
OFFICER TO HAVE INFORMAL DISCUSSIONS ON THIS MATTER WITH
THE CITY OF CHICO AND CABLE STATION OWNERS AND REPORT TO
THE BOARD AT ITS MEETING OF FEBRUARY 9, 1993)
Page 32
January 26, 1993
January 26, 1993
93-29 Report to the Board - "Coordinated Solutions" - action
requested - INFORMATION AND CONCURRENCE. (978) (REPORT
BY STARLYN S. BROWN, ASSISTANT CHIEF ADMINISTRATIVE
OFFICER. THE BOARD EXPRESSED ITS SUPPORT OF "COORDINATED
SOLUTIONS")
93-30 Items removed from the Consent Agenda for Board
consideration and action.
1. Butte County Water Commission - action requested -
REAPPOINT JEAN PRATT (DISTRICT 4) TO A TERM TO
EXPIRE DECEMBER 31, 1996. (REFER TO MINUTE ORDER
NO. 93-18)
2. Paradise Skypark Airport - acquisition of land
located in the clear zones - action requested -
DIRECT THE DIRECTOR-PUBLIC WORKS TO WORK WITH THE
AIRPORT OWNER TO IDENTIFY THE LIMITS OF THE
PROJECT, COST, AND SOURCE OF MATCHING FUNDS, AND
REPORT TO THE BOARD IN ANTICIPATION OF A REQUEST TO
THE BUTTE COUNTY ASSOCIATION OF GOVERNMENTS (BCAG)
TO INCLUDE THE LAND LOCATED IN THE CLEAR ZONE(S) IN
THE STATE TRANSPORTATION IMPROVEMENT FUND (STIP)
AND IN THE REGIONAL TRANSPORTATION IMPROVEMENT
PROGRAM. (NO ACTION TAKEN)
3. Harold and Carol Hill, Paradise - file a claim for
$25,000,000 for alleged injuries and damages
sustained as a result of action by the District
Attorney and local law enforcement agencies on or
about August 17, 1992 at their residence - action
requested - REJECT CLAIM AND REFER TO RISK MANAGER
AND COUNTY COUNSEL. (1275)
MOTION: I MOVE TO REJECT CLAIM AND REFER TO RISK
MANAGER AND COUNTY COUNSEL.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
Page 33
January 26, 1993
January 26, 1993
93-30 4. Sheriff-Coroner - Board authorization is requested
for the purchase of two snowmobiles, two mobile
radios and safety equipment for the Sheriff's
Snowmobile Patrol Detail in the maximum amount of
$13,000 (Off-Highway Vehicle [OHV] Trust Fund).
The snowmobiles will be utilized in the Butte
Meadows-Jonesville and Mountain House-Brush Creek
areas, and will be operated in conjunction with the
Off-Highway Vehicle Grant which reimburses the
County for deputy salaries to operate the
snowmobiles. Budget transfer B-66 has been
prepared for the necessary appropriation - action
requested - APPROVE PURCHASE OF FIXED ASSET ITEMS.
(1372)
MOTION: I MOVE TO APPROVE PURCHASE OF FIXED ASSET
ITEMS.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
5. Sale of surplus County property - a resolution has
been prepared approving the sale of real property
identified as AP 025-280-019 and -020, property
located on the north side of Vance Avenue,
approximately 0.6 miles east of Larkin Road,
Gridley, to Mathews Readymix, Inc. in the amount of
$175,001 cash - action requested - ADOPT RESOLUTION
AND AUTHORIZE THE CHAIR TO SIGN UPON SATISFACTION
OF ESCROW INSTRUCTIONS.
MOTION: I MOVE TO ADOPT RESOLUTION 93-09 AND AUTHORIZE
THE CHAIR TO SIGN THE QUIT CLAIM DEED UPON
SATISFACTION OF ESCROW INSTRUCTIONS.
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
6. Annual inventory of County property - Government
Code Section 24051 - the Auditor-Controller has
prepared a summary list of numerous items of fixed
asset equipment that have been deemed destroyed,
damaged, stolen or unlocatable - action requested -
REFER TO THE DISTRICT ATTORNEY FOR INVESTIGATION
AND REPORT PURSUANT TO ARTICLE VIII, SECTION II OF
THE BUTTE COUNTY CHARTER.
MOTION: I MOVE TO REF
INVESTIGATION
VIII, SECTION
M
VOTE: 1 Y 2 Y 3 Y
Page
ER TO THE DISTRICT ATTORNEY FOR
AND REPORT PURSUANT TO ARTICLE
II OF THE BUTTE COUNTY CHARTER.
S
4 Y 5 Y (Unanimously Carried)
34
January 26, 1993
~ --~
January 26, 1993
93-30
7. Adoption 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 - ADOPT ORDINANCE AND
AUTHORIZE THE CHAIR TO SIGN. (1475)
MOTION: I MOVE TO ADOPT ORDINANCE 3047 AND AUTHORIZE
THE CHAIR TO SIGN.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
8. Adoption 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 - ADOPT ORDINANCE AND AUTHORIZE THE CHAIR
TO SIGN.
MOTION: I MOVE TO ADOPT ORDINANCE 3048 AND AUTHORIZE
THE CHAIR TO SIGN.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
9. Introduction of a salary ordinance amendment
authorizing a Welfare Department (Administration
Division) position of Office Assistant II, I that
was frozen as part of the 1992-93 final budget, and
funded by the Board on December 1, 1992 due to the
availability of increased state funds - action
requested - WAIVE READING OF THE ORDINANCE. (NO
ACTION TAKEN)
10. University of California, Davis - the proposed
agreement provides a major skills training program
in accordance with the County's annual training
program for personnel who provide eligibility
services for 1992-1993 in the maximum amount of
$24,000 ($3,600 in-kind match by University equal
to 15 percent of the total/$20,400 [85 percent]
subvented funds). Budget transfer B-71 has been
prepared for the necessary appropriation - action
requested - APPROVE AGREEMENT AND AUTHORIZE THE
CHAIR TO SIGN.
MOTION: I MOVE TO APPROVE AGREEMENT AND AUTHORIZE THE
CHAIR TO SIGN.
S M
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
Page 35 January 26, 1993
January 26, 1993
Public Hearings and Timed Items
93-31 A closed session will be necessary for the purpose of
litigation, personnel matter, and meet and confer.
(NONE )
Communications
93-32 Communications received and referred. (COPIES OF ALL
COMMUNICATIONS ARE AVAILABLE IN THE CLERK OF THE BOARD
OFFICE.)
a. Robert E. Koch, Assistant City Manager, City of
Chico - transmits, pursuant to Section 18767 of
Title 14 of the California Code of Regulations, a
certified copy of City of Chico Resolution No. 89
92-93, adopted December 15, 1992, which approves
the City's Source Reduction and Recycling Element
and Household Hazardous Waste Element for inclusion
in the County's Integrated Waste Management Plan,
and copies of each of the Elements - action
requested - REFER TO CHIEF ADMINISTRATIVE OFFICER
FOR ACKNOWLEDGEMENT OF RECEIPT OF DOCUMENTS.
b. Richard D. Ostrowski, Oroville - submits his
resignation as the representative of District 1 on
the Planning Commission, effective immediately
(January 15, 1993) - action requested - ACCEPT
RESIGNATION; REFER TO CLERK OF THE BOARD; AND
AUTHORIZE LETTER OF APPRECIATION.
c. E. W. Gehringer, Chico - submits his resignation as
the alternate member of the Butte County Assessment
Appeals Board effective February 1, 1993 - action
requested - ACCEPT RESIGNATION; REFER TO CLERK OF
THE BOARD; AND AUTHORIZE LETTER OF APPRECIATION.
d. Gary Lemke, Lassen County Supervisor, District 4 -
writes the Board expressing his grave concern that
the adoption of the Lassen National Forest Land and
Resource Management Plan as recommended in the
Record of Decision will result in the continued
degradation of their timber based economy.
Further, he directs the Board's attention to the
recently released Decision Notice for the
California Spotted Owl Interim Guidelines
Environmental Assessment which will avoidably and
unnecessarily cost rural timber counties in
California 12,000 to 15,000 jobs - action
requested - REFER TO CHIEF ADMINISTRATIVE OFFICER
AND DIRECTOR-DEVELOPMENT SERVICES.
Page 36
January 26, 1993
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January 26, 1993
93-33 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.) (1594)
1. Clark Vollintine, Oroville - John Blacklock
interview last Sunday evening on channel 12 news
regarding department head salaries, and on KPAY
yesterday morning and this morning.
2. Lavon Weir, Palermo - she hasn't received written
response to the questions she raised at the Board
meeting of January 12, 1993 regarding alleged
contamination by Koppers, the water treatment plant
on Lone Tree Road, and the County road being
destroyed by trucks going to and from the treatment
plant.
3. James Hansen, Oroville - lives in the poisoned area
in south County - demands information regarding the
alleged deal with Beazer East.
4. Otto Hansen, Oroville - health problems he and his
family have experienced because of alleged
contaminated water in the Koppers area.
5. Charles Cruthers, Cherokee - (1) Board comments
regarding Grand Jury findings re development fees
for the Sheriff's Office and his intent to
challenge the fees; (2) fee boost for new home
builders in Chico; (3) editorial by Supervisor
Dolan on state mandates; (4) County Charter not
being kept up-to-date; (5) his intent to challenge
Board appointments made under item 4.01(a) on the
Board agenda; and (6) comments made by Louis
Camenzind, Jr. regarding SMARA Committee meetings.
93-34 Gordon Thomas, District 5 Supervisor - (1) he will
personally serve as the District 5 representative on the
Community Action Agency; (2) if Board meetings continue
going this long, he would like the Board to give some
consideration to a third meeting during the month - maybe
a Tuesday night meeting - issues oriented; (3) regarding
the junk ordinance defeated last year - he is working
with the group that worked to defeat it, and will bring
it to the Board if a consensus is reached; and (4) will
bring to the Board in the near future a universal garbage
collection ordinance - mandatory garbage collection
ordinance. Items under consideration - franchising and
the charge appearing as a line item on property tax
bills.
Page 37
January 26, 1993
January 26, 1993
ADJOURNMENT: There being no further business before
the Board, the meeting was adjourned at
4:32 p.m. to reconvene on Tuesday,
February 9, 1993 at 9:00 a.m.
L; C ,-
ANNE HOUX, Chair
ATTEST:
JOHN S. BLACKLOCK, Chief Administrative Officer
and Clerk o~"`the Board of Supervisors
Page 38
January 26, 1993