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HomeMy WebLinkAboutM022393Call 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 Flaq of the United States of America. 93-54 Items removed from the Consent Agenda for Board consideration and action. 1. District 5 appointments - action requested - REAPPOINT JERRY MENDON TO THE BUTTE COUNTY AGRICULTURAL ADVISORY COMMISSION (TERM TO EXPIRE DECEMBER 31, 1996), REAPPOINT BERNARD KNAPP TO THE BUTTE COUNTY MOSQUITO ABATEMENT DISTRICT (TERM TO EXPIRE DECEMBER 31, 1996), AND APPOINT BRUCE SESSIONS TO THE BUTTE COUNTY PLANNING COMMISSION (TERM TO EXPIRE DECEMBER 31, 1996). 2. Fresh and Clean Janitorial Service - an amendment to the janitorial services agreement has been prepared which deletes 1940 Feather River Blvd., Suites B and C, Oroville (Welfare - Adult Protective Services), and adds 1311 Mangrove Avenue, Suite E, Chico (P ublic Health - WIC Program) and 1461 Myers Street (District 1 Supervisor's Office). The amendment authorizes the Chief Administrative Officer and General Services Director to make subsequent changes which may occur - action requested - APPROVE AMENDMENT N0. 1, MAKE FINDING PURSUAN T TO GOVERNMENT CODE SECTION 31000, AND AUTHORIZE THE CHAIR TO SIGN THE AGREEMENT AMENDMENT . Page 53 February 23, 1993 93-54 3. Oroville Elementary School District - proposed is an agreement to implement the Primary Intervention Program at two elementary school sites within the District. This program is in its third year with the District. The program is for high risk first grade children, and is an integral part of the Youth Treatment Services Unit of the County's Mental Health Department. The contract, commencing July 1, 1992 through June 30, 1993, is in the maximum amount of $14,971 (State) - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. 93-55 Consent Agenda 1. Approval of minutes - action requested - APPROVE MINUTES OF FEBRUARY 9, 1993. 2. Budget transfers - action requested - APPROVE BUDGET TRANSFERS B-83 (COUNTY CLERK-RECORDER), B-84 (SHERIFF-INCARCERATION), B-85 (ADMINISTRATION- GENERAL SERVICES), B-86 (MENTAL HEALTH), B-87 (MENTAL HEALTH), B-88 (FIRE), B-89 (DISTRICT ATTORNEY), B-90 (HEAL ROAD LANDFILL), B-91 (PLANNING) AND B-92 (PLANNING). 3. County Library donations - in accordance with Government Code Section 25355, donations of $1,554 from Oroville Friends of the Library, $300 from Eagles Ladies Auxiliary X218, Chico, $250 from Paradise Preschool, Paradise, $200 from Sr. Craft Circle, c/o Phyllis Anderson, Chico, and $160 from Chico Friends of the Library 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. County Library Headquarters - Board approval is requested for acceptance of a 16" world globe on a wooden stand approximate value $300) donated to the Library for use by patrons in memory of Anna Thomas by Margaret Jenkins and family, Oroville - action requested - ACCEPT DONATION AND AUTHORIZE LETTER OF APPRECIATION. 5. Fire Department - the Company would like to two-way radio (model HV66A3411) with requested - ACCEPT DON APPRECIATION. Butte-Feather Volunteer Fire donate one Wilson portable no. HH-156-D6/serial no. a value of $400 - action ATION AND AUTHORIZE LETTER OF Page 54 February 23, 1993 93-55 6. Interim Land Use Plan Committee - action requested - APPOINT WALLACE "WALLY" RONEY (DISTRICT 4) AND RICK TRENT (DISTRICT 5). 7. Kimshew Cemetery District - action requested - APPOINT KENNETH C. BROWER TO A TERM TO EXPIRE JULY, 1994. 8. Surface Mining Aggregate operations Committee - action requested - APPOINT JIM GAUMER (DISTRICT 3) TO A TERM TO EXPIRE JANUARY 2, 1995. 9. County Clerk-Recorder - the Recorder's Office films all recorded documents on a daily basis. The current microfilm processor is ten years old, in need of repair, and no longer meets federal and state requirements regarding industrial safety and environmental standards for the use and handling of photographic chemicals. Board authorization is requested to purchase a Bell and Howell ABR 300 microfilm processor, with chemical recovery package, in the estimated amount of $6,678 including tax and shipping (Systems/Modernization Trust Fund). Budget transfer B-83 has been prepared for the necessary appropriation - action requested - APPROVE PURCHASE OF FIXED ASSET ITEM. 10. District Attorney - Board authorization is requested to purchase a portable lap-top computer, FAX/modem card, and laser quality printer in the total amount of $2,400 from the District Attorney's Asset Forfeiture Trust Fund. Budget transfer B-89 has been prepared for the necessary appropriation - action requested - APPROVE PURCHASE OF FIXED ASSET ITEMS. 11. Fire Department - the County and the Kelly Ridge Volunteer Fire Company jointly purchased a new water tender. Upon its delivery, the old water tender, a 1949 Kenworth (asset no. 901/license E069005) will become surplus due to its age and condition. This vehicle was originally donated to the County by the Volunteer Company - action requested - APPROVE RETURN OF FIXED ASSET TO THE KELLY RIDGE VOLUNTEER FIRE COMPANY FOR SALE AND DISPOSAL. Page 55 February 23, 1993 ~^ --~ February 23, 1993 93-55 12. Fire Department - Board authorization is requested for the purchase of a used 1991 Spartan custom pumper with 55' aerial ladder, 350 HP Cummins engine, 1,500 gallon per minute pump, 500 gallon water tank and miscellaneous equipment (VIN 457BT9L07M0004100) from Ferrara Fire Apparatus, Inc., Baton Rouge, LA in the total amount of $225,225. Budget transfer B-88 has been prepared for the necessary appropriation - action requested - DELETE PERSONAL ALARM DEVICES IN THE AMOUNT OF $2,000 FROM FIXED ASSETS APPROVED WITHIN THE 1992-93 FINAL BUDGET AND APPROVE PURCHASE OF FIXED ASSET ITEM. 13. Sale of County surplus property - AP 041-520-021 (110 Condor Road, Oroville) - a resolution has been prepared declaring intention to sell real property which is surplus to the needs of the County pursuant to an alternate procedure authorized by Government Code Section 25539. An agreement has been prepared with McKenzie-Bramlage, Inc. to list, advertise, and accept proposals on the County's behalf for a fee of eight percent of the sale price - action requested - ADOPT RESOLUTION 93-19 DECLARING INTENTION TO SELL THE PROPERTY ACCORDING TO GOVERNMENT CODE SECTIONS 25539 AND 25527; SET THE BID OPENING FOR JUNE 8, 1993 AT 10:00 A.M.; APPROVE THE AGREEMENT WITH McKENZIE-BRAMLAGE, INC.; AND AUTHORIZE THE CHAIR TO SIGN THE RESOLUTION AND AGREEMENT . 14. Public Works Department - Board authorization is requested to purchase a microcomputer, monitor, software and laser printer for use by the Solid Waste Manager in the estimated maximum amount of $4,500 (Neal Road Landfill restricted funds). Budget transfer B-90 has been prepared for the necessary appropriation - action requested - APPROVE PURCHASE OF FIXED ASSET ITEMS. 15. Payment of time expired warrant - Security Insurance Group - a request has been received for payment of a time expired warrant (No. 014516) issued on May 10, 1988 in the amount of $75 for partial subrogation recovery - action requested - AUTHORIZE THE AUDITOR-CONTROLLER TO REISSUE TIME EXPIRED WARRANT. 16. Investment information report - the Treasurer/Tax Collector submits the January, 1993 report in accordance with AB 1073 and the County's investment policy - action requested - ACCEPT FOR INFORMATION. Page 56 February 23, 1993 .-~ ~ 93-55 17. Adoption of a salary ordinance amendment - in May, 1992 the Board of Supervisors adopted a salary ordinance amendment increasing a 50 percent (half- time) clerical Office Assistant III, II, I position in the Planning Division to full-time status on a temporary basis due to an employee being placed on maternity leave. The employee on leave has resigned from County employment and no incumbent occupies this position. Therefore, Board authorization is requested to convert the full-time position back to a 50 percent (half-time) position - action requested - ADOPT ORDINANCE 3050 AND AUTHORIZE THE CHAIR TO SIGN. 18. Adoption 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, and a correction to the salary ordinance to reflect 18 Social Worker III, II positions in the G.A.I.N. Division of the Welfare Department instead of 16 - action requested - ADOPT ORDINANCE 3051 AND AUTHORIZE THE CHAIR TO SIGN. 19. Adoption of an ordinance correcting a typographical error in ordinance no. 3006 (adopted May 19, 1992) - William D. Nichols - rezone from SR-1 (suburban residential - one acre parcel) to SR (suburban residential), property located on the west side of Marigold Avenue, approximately 1,100 feet north of East Avenue, AP 048-062-028, Chico - action requested - ADOPT ORDINANCE 3052 AND AUTHORIZE THE CHAIR TO SIGN. 20. Introduction of a salary ordinance amendment to correct an error in the Nash Compensation and Classification Study in the compensation level for the Chief Probation Officer for the time frame from April 13, 1991 to January 4, 1992, and does not affect the current level of compensation. Funding is from within the existing department budget - action requested - WAIVE READING OF THE ORDINANCE. 21. Introduction of a salary ordinance amendment reinstating an Office Assistant I, II, III position in the Public Health Department (California Children's Services Program [CCSJ). The Board, at its meeting of February 9, 1993, accepted unanticipated revenue, an accompanying budget transfer, and reinstatement of the unfunded position - action requested - WAIVE READING OF THE ORDINANCE. Page 57 February 23, 1993 February 23, 1993 93-55 22. Trial Court Funding Resolution and Letter of Understanding - State law requires counties that wish to receive State Trial Court Funding to submit resolutions "opting in". These resolutions must be approved by the Board of Supervisors and presiding fudges of the courts. In reaching agreement to "opt in", Board representatives have met with court representatives and have developed specific understandings regarding the use of the funds. These are incorporated in a Letter of Understanding - action requested - ADOPT RESOLUTION 93-20 AND APPROVE LETTER OF UNDERSTANDING AND AUTHORIZE THE CHAIR TO SIGN, AND FORWARD TO COURTS FOR SIGNATURE BY PRESIDING JUDGES. 23. Resolution declaring March, 1993 as National Social Work Month - action requested - ADOPT RESOLUTION 93-21 AND AUTHORIZE THE CHAIR TO SIGN. 24. Veteran's Service Office, Chico - pursuant to Butte County Code Section 2-1, a resolution has been prepared modifying office hours to 9:00 a.m. - 4:00 p.m., Monday through Friday - action requested - ADOPT RESOLUTION 93-22 AND AUTHORIZE THE CHAIR TO SIGN. 25. City of Oroville/Butte County Mental Health Department - proposed is an agreement for the City of Oroville to provide "Community Development Block Grant Funds" of $10,800 for emergency housing vouchers through October 31, 1993 to homeless mentally ill clients within the Oroville area. This program was previously conducted by the Family Services Association and funded by Federal grant funds. As of July 1, 1992, the contract with Family Services Association was brought in-house. The Federal funding for the program ended October 31, 1992. Budget transfer B-86 has been prepared for the necessary appropriation - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. 26. Siskiyou County/County of Butte - proposed is a contract for the Butte County Mental Health Psychiatric Health Facility to provide inpatient services for specified residents of Siskiyou County. Siskiyou County will pay $350 per day for inpatient services in the maximum amount of $35,000. The term of the contract is February 1, 1993 through June 30, 1993 - action requested - APPROVE CONTRACT AND AUTHORIZE THE CHAIR TO SIGN. Page 58 February 23, 1993 February 23 , 1993 93-55 27. Tehama County/County of Butte - proposed is a contract for the Butte County Mental Health Psychiatric Health Facility to provide inpatient services for specified residents of Tehama County. Tehama County will pay $350 per day for inpatient services in the maximum amount of $160,300. The term of the contract is February 1, 1993 through June 30, 1993 - action requested - APPROVE CONTRACT AND AUTHORIZE THE CHAIR TO SIGN. 28. Trinity County/County of Butte - proposed is a contract for the Butte Gounty Mental Health Psychiatric Health Facility to provide inpatient services for specified residents of Trinity County. Trinity County will pay $350 per day for inpatient services in the maximum amount of $35,000. The term of the contract is February 1, 1993 through June 30, 1993 - action requested - APPROVE CONTRACT AND AUTHORIZE THE CHAIR TO SIGN. 29. Butte County Probation Department - this is a continuation of a contract initiated during fiscal year 1992-93 which assigned a half-time Probation Officer to the County's Mental Health Department, Alcohol and Drug Services, Youth Services Unit Community Counseling Centers to act as a liaison between the Probation Department and Youth Services and to "case manage" kids transitioning from Juvenile Hall to the community. The term of the contract is July 1, 1992 through June 30, 1993 in the maximum amount of $20,000 (Federal grant monies) - action requested - APPROVE CONTRACT AND AUTHORIZE THE CHAIR TO SIGN. 30. Dental Plan of America - the contract between Butte County and Dental Plan of America expired on October 31, 1992. Dental Plan of America is one of the dental insurance programs available to County employees. The renewal contract covers a one year period starting November 1, 1992 and ending October 31, 1993. The contract can be renewed annually thereafter - action requested - APPROVE CONTRACT RENEWAL AND AUTHORIZE THE CHAIR TO SIGN. Page 59 February 23, 1993 .-1 ~ February 23 , 1993 93-55 31. Greystone, Inc. - proposed is a contract for professional services by an independent contractor for the preparation of an environmental impact report for a proposed tentative subdivision map, J. E. McAmis (AP 011-070-064). Compensation in full, for all services performed by the consultant pursuant to this agreement is the sum of $30, 420, said sum having been deposited with the County by applicant. Budget transfer B-91 has been prepared for the necessary appropriation - action requested - APPROVE CONTRACT AND AUTHORIZE THE CHAIR TO SIGN. 32. 1992-93 Master Grant Agreement - amendment no. Al - 100 percent State funds are available from the State Department of Health Services to perform specific AIDS related education, counseling and testing activities during the 1992-93 fiscal year. Under the terms of this amendment, the maximum amount payable to the County will increase from $118,305 to $123,305 - action requested - APPROVE AMENDMENT TO AGREEMENT AND AUTHORIZE THE DIRECTOR- PUBLIC HEALTH TO SIGN THE MEMORANDUM OF UNDERSTANDING FOR SELECTED AIDS PROGRAMS SUBJECT TO APPROVAL BY COUNTY COUNSEL AND THE AUDITOR- CONTROLLER. 33. 1993-94 Child Health and Disability Prevention (CHDP) Multi-Year Plan Update application - the Child Health and Disability Prevention Program is mandated by State law and is entirely State funded. The Program provides health screening for eligible children as well as for those under 21 who are eligible for Medi-Cal. This program includes a complete health assessment, dental screening, blood and urine tests, TB tests, vision screening and a hearing test - action requested - APPROVE CHDP PLAN FOR 1993-94 AND AUTHORIZE THE CHAIR TO SIGN. 34. Household Hazardous Waste Discretionary Grant - proposed is a grant application to the California Integrated Waste Management Board for a Household Hazardous Waste Discretionary Grant in the amount of $61,910 to establish and implement waste diversion and separation programs to prevent disposal of hazardous waste, including household hazardous waste (HHW), from the Neal Road Landfill - action requested - ADOPT RESOLUTION 93- 23 AUTHORIZING THE SUBMITTAL OF GRANT APPLICATION EXECUTED ON BEHALF OF THE COUNTY BY THE DIRECTOR- PUBLIC WORKS, AND AUTHORIZE THE CHAIR TO SIGN. Page 60 February 23, 1993 ~ --~ 93-55 February 23. 1993 35. 1994-95 Off-Highway (OHV) Grant application - the proposed grant application to the State for continued funding for 1994-95 allows for reimbursement for two part-time deputies in the amount of $16,800 to patrol the Butte Meadows, Jonesville, and Stirling City areas on snowmobiles. In addition to enforcement of OHV laws, officers will focus attention on litter problems along existing trails, vandalism, illegal trespass on private property and illegal occupancy on public lands - action requested - APPROVE GRANT APPLICATION AND AUTHORIZE THE CHAIR TO SIGN. 36. Tri-County Bee Notification Region law - the Agricultural Commissioner is requesting Board support for legislation to amend Food and Agricultural Code Section 29082 to eliminate unnecessary state bookkeeping and keep locally collected funds with local administration - action requested - SUPPORT PROPOSED LEGISLATION. 37. Contract change order no. 1 for construction of leachate and septage ponds adjacent to the Neal Road Landfill, County project no. 7570-5517-92-1 - contract change order no. 1 in the decreasing amount of $10,282 for deletion of planned septage discharge facility and construction of alternate facility - action requested - APPROVE CONTRACT CHANGE ORDER N0. 1 AND AUTHORIZE THE CHAIR TO SIGN. 38. Contract change order no. 1 for Midway Bridge across North Fork Hamlin Slough, Federal Bridge Replacement Project BRLS 5912 (0002) - contract change order no. 1 in the increasing amount of $2,967.04 for additional costs incurred by the contractor for the ordered change in placing reinforcing steel - action requested - APPROVE CONTRACT CHANGE ORDER NO. 1 AND AUTHORIZE THE CHAIR TO SIGN. MOTION: I MOVE TO APPROVE THE CONSENT AGENDA WITH THE REMOVAL OF ITEMS 3.06, 3.26 AND 3.28. M S VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) Page 61 February 23, 1993 February 23. 1993 93-56 Appointments - commissions and committees. a. Appointments to committee vacancies. MOTION: I MOVE TO APPOINT LARRY EVANS AS THE DISTRICT 4 REPRESENTATIVE TO THE BUTTE COUNTY MOSQUITO ABATEMENT DISTRICT. M S VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) (REFER TO MINUTE ORDER 93-70) b. West Feather River Levee Reconstruction Agency - Joint Exercise of Powers (JPA) Board - action requested - APPOINTMENT OF DIRECTOR AND ALTERNATE DIRECTOR. MOTION: I MOVE TO APPOINT SUPERVISOR McLAUGHLIN AS THE BOARD'S REPRESENTATIVE. S M VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) 93-57 Discussion of County transient occupancy tax. (178) MOTION: I MOVE THAT A COMMITTEE BE FORMED TO EXPLORE OPTIONAL USES OF THE COUNTY TRANSIENT OCCUPANCY TAX FOR THE ENHANCEMENT OF TOURISM. THE COMMITTEE SHALL CONSIST OF THE TREASURER- TAX COLLECTOR AS CHAIRMAN, CHAMBERS OF COMMERCE (3 MEMBERS), COUNTY/CITY RESIDENTS WHO ARE PAYING INTO THE PROGRAM NOW (3 MEMBERS EACH), ADMINISTRATIVE OFFICE, COUNTY COUNSEL, AND THE ASSOCIATION OF CITIES FOR A REPRESENTATIVE(S). M S VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) 93-58 Televising of Board meetings - discussion and possible action. (700) MOTION: I MOVE THAT THE CHIEF ADMINISTRATIVE OFFICER DEVELOP A MONTH-TO-MONTH PERSONAL SERVICES CONTRACT WITH MR. AL MITCHELL FOR $300 PER MONTH COMMENCING FEBRUARY, 1993 (MR. MITCHELL TO SUBMIT A CLAIM FOR ACTUAL EXPENSES INCURRED), LOOK INTO OPTIONS AND MERIT OF BROADCASTING MEETINGS I.E. NUMBER OF PEOPLE WATCHING. S M VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) Page 62 February 23, 1993 93-59 Fir Haven Subdivision, Magalia (AP 065-190-020 and 065- 190-022) - action requested - BOARD AUTHORIZE PERMISSION TO CROSS THE ONE FOOT NO-ACCESS STRIP BETWEEN VINE ROAD AND VINE STREET IN THE FIR HAVEN SUBDIVISION, MAGALIA. (1326) MOTION: I MOVE FOR APPROVAL OF THE ACTION, AND ASK THAT SIMILAR PARCELS IN THE AREA BE REFERRED TO PUBLIC WORKS/DEVELOPMENT SERVICES FOR A PERMANENT SOLUTION. S M VOTE: l Y 2 N 3 N 4 N 5 Y (Motion Failed) MOTION: I MOVE THAT WE REFER THIS REQUEST TO PUBLIC WORKS FOR A STREAMLINED PROCESS, NOT A CUMBERSOME, COSTLY PROCESS, THAT WILL PROVIDE FOR A MINIMUM NOTIFICATION TO AT LEAST INCLUDE ADJOINING LANDOWNERS. S M VOTE: 1 N 2 Y 3 Y 4 Y 5 N (Motion Carried) RECESS: 10:05 A.M. RECONVENE: 10:12 A.M. (SUPERVISOR DOLAN NOT PRESENT/SUPERVISOR DOLAN PRESENT) Regular Acxenda 93-60 Items removed from the Consent Agenda for Board consideration and action. 1. Oroville Elementary School District - proposed is an agreement to implement the Primary Intervention Program at two elementary school sites within the District. This program is in its third year with the District. The program is for high risk first grade children, and is an integral part of the Youth Treatment Services Unit of the County's Mental Health Department. The contract, commencing July 1, 1992 through June 30, 1993, is in the maximum amount of $14,971 (State) - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (1918) MOTION: I MOVE TO APPROVE THE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. M S VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) Page 63 February 23, 1993 Air Pollution Control District 93-61 Recess at 10:15 a.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. (1925) (**00) a. Approval of minutes - action requested - APPROVE MINUTES OF JANUARY 12, 1993. MOTION: I MOVE TO APPROVE THE MINUTES OF JANUARY 12, 1993. M S VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) b. Public hearing - consideration of the adoption of the proposed Air Toxics "Hot Spots" Fees (AB 2588) - action requested - ADOPT RESOLUTION APPROVING RULE 514 AND AUTHORIZE THE CHAIR TO SIGN. MOTION: I MOVE TO ADOPT RESOLUTION 93-03 APPROVING RULE 514 AND AUTHORIZE THE CHAIR TO SIGN. S M VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) c. Rule 430, New Source Review - on January 12, 1993 the Board adopted Rule 430, New Source Review, and directed the Air Pollution Control Officer to develop an implementation policy for consistent application of this rule - action requested - ADOPT POLICY. MOTION: I MOVE TO ADOPT AN IMPLEMENTATION POLICY FOR RULE 430, NEW SOURCE REVIEW AS PRESENTED. M S VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) d. Resolution approving the waiver of permit fees for the California Department of Forestry and Fire Protection and Butte County Fire Department - action requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. MOTION: I MOVE TO ADOPT RESOLUTION 93-04 AND AUTHORIZE THE CHAIR TO SIGN. S M VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) Page 64 February 23, 1993 93-61 Adjourn at 10:40 a.m. as the Air Pollution Control District Board of Directors and reconvene as the Board of Supervisors. 93-62 Public hearing - L & L Surveying on behalf of Ray Baker - consideration of an appeal of the Development Review Committee's condition no. 2 (provide two-way traversable access RS-8-LD-II to each parcel from a county maintained road or state highway) on a tentative parcel map, AP 41- 08-135, two parcels, property located between Miner Mt. Road and Clark Road, approximately 600 feet north of Adobe Lane, Paradise area. (50) (NO ACTION TAKEN) RECESS: 10:40 A.M. RECONVENE: 10:46 A.M. 93-63 Public hearing - the State of California Housing and Community Development Department has established a new economic development activity through the Community Development Block Grant allocation. The program, entitled "Reservation of Funds", enables eligible jurisdictions to competitively apply for up to $250,000 in funds which are "set aside" in order to originate small business loans for job retention or job creation projects. The program must principally benefit Targeted Income Group households. Approximately $4.5 million in funds are available this fiscal year. Proposals for funding are due on March 1, 1993 - action requested - ADOPT A RESOLUTION AUTHORIZING SUBMITTAL TO THE STATE OF AN APPLICATION FOR FUNDS AS PREPARED BY THE TRI-COUNTY ECONOMIC DEVELOPMENT CORPORATION ON BEHALF OF THE COUNTY OF BUTTE. (75) (SUPERVISOR McLAUGHLIN NOT PRESENT/SUPERVISOR McLAUGHLIN PRESENT) MOTION: I MOVE TO ADOPT RESOLUTION 93-24 AUTHORIZING SUBMITTAL TO THE STATE OF AN APPLICATION FOR FUNDS AS PREPARED BY THE TRI-COUNTY ECONOMIC DEVELOPMENT CORPORATION ON BEHALF OF THE COUNTY OF BUTTE. M S VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) Paqe 65 February 23, 1993 February 23, 1993 Regular Agenda 93-64 Items removed from the Consent Agenda for Board consideration and action. 1. Fresh and Clean Janitorial Service - an amendment to the janitorial services agreement has been prepared which deletes 1940 Feather River Blvd., Suites 8 and C, Oroville (Welfare - Adult Protective Services), and adds 1311 Mangrove Avenue, Suite E, Chico (Public Health - WIC Program) and 1461 Myers Street (District 1 Supervisor's Office). The amendment authorizes the Chief Administrative Officer and General Services Director to make subsequent changes which may occur - action requested - APPROVE AMENDMENT NO. 1, MAKE FINDING PURSUANT TO GOVERNMENT CODE SECTION 31000, AND AUTHORIZE THE CHAIR TO SIGN THE AGREEMENT AMENDMENT . ( 3 3 5 ) MOTION: I MOVE TO APPROVE AMENDMENT NO. 1 MODIFIED TO DELETE THE LANGUAGE WITHIN SECTION 12 WHICH AUTHORIZES THE CHIEF ADMINISTRATIVE OFFICER AND GENERAL SERVICES DIRECTOR TO MAKE SUBSEQUENT CHANGES WHICH MAY OCCUR, MAKE FINDING PURSUANT TO GOVERNMENT CODE SECTION 31000, AND AUTHORIZE THE CHAIR TO SIGN THE AGREEMENT AMENDMENT . M S VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) Public Hearings and Timed Items 93-65 Public hearing - Rolls, Anderson & Rolls on behalf of Lowell Smith - consideration of an appeal of the Development Review Committee's condition no. 6 (construct one half plus 12 foot street section on Cussick Avenue to RS-3-B road standard with two inch AC, eight inch AB, SC 250 prime, fog seal and 95 percent relative compaction) on a tentative subdivision map, AP 42-03-12, five lots, property located on the northeast corner of Lassen Avenue and Cussick Avenue, northwest Chico area. (805) (HEARING OPENED AND CONTINUED OPEN TO MARCH 9, 1993 AT 11:00 A.M.) Page 66 February 23, 1993 ReQUlar Agenda 93-66 Report of the Development Services Fee Committee and staff recommendations - action requested - DISCUSSION, DIRECTION, AND CONSIDERATION OF SETTING A PUBLIC HEARING DATE. (928) (***00) (PUBLIC HEARING SET FOR TUESDAY, APRIL 13, 1993 AT 2:00 P.M.) 93-67 CLOSED SESSION: The Board recessed at 12:50 p.m. to a closed session for the purpose of a personnel matter pursuant to Government Code Section 54957, and lunch recess. (890) RECONVENE: The Board reconvened at 2:25 p.m. following a closed session for the purpose of a personnel matter pursuant to Government Code Section 54957, and lunch recess. (NO ANNOUNCEMENTS) 93-68 Items removed from the Consent Agenda for Board consideration and action. 1. District 5 appointments - action requested - REAPPOINT JERRY MENDON TO THE BUTTE COUNTY AGRICULTURAL ADVISORY COMMISSION (TERM TO EXPIRE DECEMBER 31, 1996), REAPPOINT BERNARD KNAPP TO THE BUTTE COUNTY MOSQUITO ABATEMENT DISTRICT (TERM TO EXPIRE DECEMBER 31, 1996), AND APPOINT BRUCE SESSIONS TO THE BUTTE COUNTY PLANNING COMMISSION (TERM TO EXPIRE DECEMBER 31, 1996). MOTION: I MOVE TO REAPPOINT JERRY MENDON TO THE BUTTE COUNTY AGRICULTURAL ADVISORY COMMISSION (TERM TO EXPIRE DECEMBER 31, 1996), REAPPOINT BERNARD KNAPP TO THE BUTTE COUNTY MOSQUITO ABATEMENT DISTRICT (TERM TO EXPIRE DECEMBER 31, 1996), AND APPOINT BRUCE SESSIONS TO THE BUTTE COUNTY PLANNING COMMISSION (TERM TO EXPIRE DECEMBER 31, 1996). s x VOTE: l Y 2 N 3 AB 4 Y 5 Y (Motion Carried) Page 67 February 23, 1993 93-69 Communications COMMUNICATIONS OFFICE.) Communications received and referred. (COPIES OF ALL ARE AVAILABLE IN THE CLERK OF THE BOARD a. Florence E. Brower, Magalia and Joseph F. Dalton, Magalia - submit letters of resignation as trustees of the Kimshew Cemetery District. (ACCEPT RESIGNATIONS AND AUTHORIZE LETTERS OF APPRECIATION) b. Dale R. Antonowich, Board President, Durham Mosquito Abatement District - writes that the Districts twenty year building land lease with the County expires June 18, 1993. The District submits a letter and check for $1.00 to exercise the option as provided in the lease and renew for another twenty year period. (REFER TO GENERAL SERVICES DIRECTOR) c. Bob Linscheid, Chief Executive Director, Chico Chamber of Commerce - writes that the Chamber is keenly interested in ensuring local government meetings run efficiently, fairly and without denying or discouraging access among the general members of the public. With this in mind, the Chamber suggests the Board study some of the steps recently incorporated by the Chico City Council which have lead to a more streamlined approach to the management of their meetings. (REFER TO CHIEF ADMINISTRATIVE OFFICER) (1946) 93-70 Appointments - commissions and committees. a. Appointments to committee vacancies. MOTION: I MOVE TO APPOINT LARRY EVANS AS THE DISTRICT 4 REPRESENTATIVE TO THE BUTTE COUNTY MOSQUITO ABATEMENT DISTRICT. M S VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) (APPOINTMENT WITHDRAWN BY SUPERVISOR McLAUGHLIN PENDING BOARD ACTION ALIGNING DISTRICT APPOINTMENTS WITH TERMS OF SUPERVISORS - REFER TO MINUTE ORDER 93-56) Page 68 February 23, 1993 93-71 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.) (1946) (****00} (SUPERVISOR DOLAN NOT PRESENT) 1. Charles Cruthers, Cherokee - item 6.01(c) - submitted an agenda request item for the Board to consider waiving his utility tax because his disability has been turned down, and he no longer has the money for the utility tax. 2. Jerry Holcomb, Oroville - item 6.01(c) - has had a difficult time getting an issue that he has on an emergency basis before the Board. 3. Cindy Schons, Berry Creek - questioned the distinction between Board correspondence items in the folder and communications listed on the agenda. 4. LaVon Weir, Oroville - again requested answers to questions she has previously raised regarding contamination in her area. 5. Sue Powers, Oroville - not sure concerns regarding contamination of water are being addressed by Board, and Oroville being approved by the Environmental Protection Agency as a hazardous waste dumping site without Board approval. 6. James Hansen, Oroville - lives out in the poisoned area in south Oroville. 7. Otto Hansen, Oroville - condition of road and damage to wife's car. 8. Howart Hansen, Chico - toxic waste dump - was there a permit authorized to build this plant? 9. Mita Markland, Chico - read a letter from the League of Women Voters of Butte County applauding the Board's decision to continue with the General Plan Update Process including an expanded format for citizen participation with town hall meetings at various locations throughout the county. Page 69 February 23, 1993 ~. 93-71 10. Louis Camenzind, Jr., Durham - how much of a bond are Planning Commission members required to put up? There should be a recommendation to require bonds because the actions of some of the commissioners put the County in jeopardy. 11. Vern Chadwick, Oroville - (1) thinks it is rude of Supervisor Dolan to leave when public comment starts - it may not of been intentional but it is noticeable (SUPERVISOR McLAUGHLIN NOTED FOR THE RECORD THAT SUPERVISOR DOLAN HAD A PRIOR 3:00 P.M. COMMITMENT}; (2) Supervisor Thomas trying to revive the junk ordinance because of alleged problems with his neighbors, and his (Supervisor Thomas) having built a very nice house in a poor town, a laid back country town; (3) item 3.27 - alleged disposal of County property; and (4) Deputy Crain standing whenever he speaks. ADJOURNMENT: There being no further business before the Board, the meeting was adjourned at 3:45 p.m. to reconvene on Tuesday, March 9, 1993 at 9:00 a.m. //~~i ? C~ MARY E HOUX, Chair ATTEST: JOHN S. BLACKLOCK, Chief Administrative Officer and Clerk o the Board of Supervisors By : .u~~ ~._._ Page 70 February 23, 1993