HomeMy WebLinkAboutM022597BOARD OF SUPERVISORS
MINUTES
R. J. BEELER,1st District
JANE DOLAN, 2nd District
MARY ANNE ROUX 3rd District
CURT JOSIASSEN, 4th District
FRED C. DAVIS, 5th District
February 25, 1997
Call to order - Board of Supervisors room, County
Administration Building, 25 County Center Drive,
Oroville. Present: Supervisors Beeler, Dolan, Houx,
Josiassen and Chair Davis. John S. Blacklock, Chief
Administrative Officer; Susan Minasian, County Counsel;
and Carol Roach, Assistant Clerk of the Board.
Pledge of allegiance to the Flag of the United States of
America.
Invocation - Lt. Jim Gallop, The Salvation Array,
Oroville. (Not Present)
97-54 Items removed from the Consent Agenda for Board
consideration and action.
1. Resolution Returning the Butte County District
Attorney Family Support Division to a 40 Hour
Week - action requested - ADOPT RESOLUTION AND
AUTHORIZE THE CHAIR TO SIGN. (DISTRICT
ATTORNEY/FROM 1-28-97)
97-55 Consent Agenda
1. Approval of minutes - action requested - APPROVE
MINUTES OF FEBRUARY 11, 1997.
2. Budget transfers - action requested - APPROVE
BUDGET TRANSFERS B-128 (PROBATION), B-130
(FIRE/REGULAR), B-131 (COUNTY COUNSEL), B-133
(PUBLIC WORKS/ADMINISTRATION, AND B-134
(LIBRARY/GRIDLEY BRANCH.)
3. Fire Department - the Golden Feather Volunteer Fire
Company No. 37 wishes to donate to the County ten
self-contained breathing apparatus and accessories,
and six hand held portable VHF radios (EPH 5102S
607643, EPH 5991A D 23732, EPH 5991A D15604, EPH
5991A D15657, EPH 51025 608136, EPH 5102S 608083) -
action requested - ACCEPT DONATIONS AND AUTHORIZE
LETTER OF APPRECIATION.
Page 52
February 25, 1997
February 25~ 1997
97-55 4. County Library donations - in accordance with
Government Code Section 25355, donations of
$4,185.55 from Chico Friends of the Library, $500
from Fraternal Order of Eagles, Chico, $437.30 from
Oroville Friends of the Library, and $100 from
Kenneth and Claudia Harlan, Oroville have been
received for the Butte County Trust Fund for the
purchase of books - action requested - ACCEPT
DONATIONS AND AUTHORIZE LETTERS OF APPRECIATION.
5. Butte County Water Commission (restructured) -
action requested - REAPPOINTMENT OF LANCE TENNIS,
DISTRICT 3, TO A TERM TO EXPIRE DECEMBER 31, 1998,
AND APPOINTMENT OF PRISCILLA HANFORD, AS
REPRESENTATIVE OF DISTRICT 5, TO A TERM TO EXPIRE
DECEMBER 31, 2000.
6. Certificate of Williamson Act expiration - notice
of nonrenewal has been given as provided in
Government Code Section 51245 for Wendell and Mary
Belle Grubbs, APN 028-190-014, 072-140-012, 013,
014, 072-150-007, -008, -022, and 072-170-005;
Harry G. and Zueletta M. Mead, APN 042-080-037; and
Estate of Mary M. Armstrong, deceased (Robert H.
RideoutJChoate Realty, Inc.), APN 040-570-007 -
action requested - APPROVE CERTIFICATES OF
WILLIAMSON ACT EXPIRATION AND AUTHORIZE CHAIR TO
SIGN, AND AUTHORIZE RECORDING OF THE CERTIFICATES
OF EXPIRATION.
7. Final map - Runqe Subdivision - the developer has
provided a Time Certificate of Deposit to guarantee
construction of improvements within a period of one
year on APN 030-260-015 and -016, 20 lots, property
located on the south side of West Oroville Dam
Blvd. approximately 1-3/4 miles west of Larkin
Road, Oroville area - action requested - APPROVE
FINAL MAP; ACCEPT EASEMENTS AS GRANTED IN ITEMS
A,B,C AND D OF THE OWNER'S STATEMENT ON BEHALF OF
THE PUBLIC; ACCEPT GRANT IN FEE SIMPLE THE ONE FOOT
NO ACCESS STRIP OFFERED IN ITEM F ON BEHALF OF THE
CALIFORNIA DEPARTMENT OF TRANSPORTATION; AND
AUTHORIZE CHAIR TO SIGN SUBDIVISION AGREEMENT.
NOTE: PAR FOUR WAY AND THE 60 FOOT WIDE STRIP
BETWEEN LOTS 15 AND 16, AS OFFERED FOR DEDICATION
TO THE COUNTY OF BUTTE, IN FEE SIMPLE AS ITEM E,
ARE NOT ACCEPTED AT THIS TIME.
Page 53
February 25, 1997
97-55 8. Fire Department - pursuant to an agreement with the
State of California (Resolution No. 96-41), the
Fire Department requests release from
accountability from the County's inventory of
vehicles from the Federal Excess Property Program -
action requested - DECLARE 1965 INTERNATIONAL TRUCK
(COUNTY VEHICLE NO. 716/ASSET NO. 018170/LICENSE
NO. 777605/VIN NO. FD96924H), 1969 FORD FIRE ENGINE
(COUNTY VEHICLE NO. 314/ASSET NO. 01745/LICENSE NO.
560348/VIN N0. C76FUE75063), AND 1966 DODGE FIRE
ENGINE (COUNTY VEHICLE NO. 778/ASSET NO.
018174/LICENSE NO. 450791/VIN NO. 1481653887)
SURPLUS TO THE NEEDS OF THE COUNTY AND AUTHORIZE
THEIR RETURN TO THE FEDERAL EXCESS LOAN PROGRAM.
9. Contract Change Order (CCO) No. 1 and Notice of
Completion for Phase 1 Construction, Septage
Pond No. 2, Neal Road Landfill - CCO No. 1
provides payment to the contractor to construct an
access road to the septage discharge area at a net
increase in contract amount of $14,899.60. All
contract work has been completed in accordance with
the plans and specifications - action requested -
APPROVE CCO NO. 1 AND AUTHORIZE THE CHAIR TO SIGN;
ACCEPT CONTRACT WORK; AUTHORIZE CHAIR TO SIGN THE
NOTICE OF COMPLETION; AND AUTHORIZE RECORDING OF
THE NOTICE OF COMPLETION.
10. Sheriff's Department - Board approval is requested
for the purchase of five ergonomic chairs for
dispatchers in the 9-1-1 Communications Center in
the maximum amount of $3,141 (funding approved by
the Board for an upgrade of the Communications
Center) - action requested - APPROVE BUDGET
TRANSFER B-129 AND PURCHASE OF FIXED ASSET ITEMS.
11. Investment Information Report - the Treasurer-Tax
Collector submits the January 31, 1997 report in
accordance with the County's Statement of
Investment Policy dated July 17, 1996 - action
requested - ACCEPT FOR INFORMATION.
Page 54
February 25, 1997
97-55 12. Mental Health Department - midyear budget revision
no. 2 - action requested:
A. RESCIND BUDGET TRANSFER B-123 APPROVED BY THE
BOARD ON FEBRUARY 11, 1997, AND APPROVE BUDGET
TRANSFER B-135 ACCEPTING AND APPROPRIATING
$332,405 (CORRECTION TO REQUESTED
APPROPRIATION OF UNANTICIPATED REVENUES) ZN
UNANTICIPATED REVENUE (REALIGNMENT/STATE
GENERAL FUND/STATHAM/RESTRICTED
REVENUES/FEDERAL BLOCK GRANT); AND
8. APPROVE PURCHASE OF FIVE COMPUTERS AND
PERIPHERAL EQUIPMENT FOR TWO LOCAL AREA
NETWORKS (LAN) FOR THE DEPARTMENT'S
ADMIN/BUSINESS BUDGET UNITS, EQUIPMENT FOR A
WIDE AREA NETWORK (WAN) TO CONNECT
ADMIN/BUSINESS/SPECIAL PROJECTS COMMUNITY
SERVICE (SPCS) BUDGET UNITS IN THE MAXIMUM
AMOUNT OF $71,575, AND TWO COMPUTERS AND
PERIPHERAL EQUIPMENT, THREE PRINTERS, FULL
PAGE SCANNER, LAPTOP PROJECTOR AND DESK FOR A
LOCAL AREA NETWORK (LAN) IN THE SPCS BUDGET
UNIT IN THE MAXIMUM AMOUNT OF $29,304/TOTAL
AMOUNT OF $100,879. (FROM 2-11-97)
13. Family Preservation Support Program - on
November 14, 1995 the Board approved a three year
Welfare Department/Mental Health Department
memorandum of understanding (MOU) to provide Family
Preservation and Support Program services in Chico
from October 1, 1995 through September 30, 1998
(Federal fiscal year) - action requested - APPROVE
BUDGET TRANSFERS B-137, AN INTERFUND TRANSFER OF
$16,249 FROM WELFARE TO MENTAL HEALTH, AND B-138,
APPROPRIATING AND ALLOCATING THE FUNDS INTO MENTAL
HEALTH'S CURRENT FISCAL YEAR 1996-97 BUDGET.
Page 55
February 25, 1997
97-55 14. 1996/97 Greater Avenues for Independence (GAIN)
allocations - to assist counties in planning for
increased program activities, the California
Department of Social Services (CDSS) is providing a
planning allocation of $60 million. Butte County
will receive $561,467 as its share of the
allocation (100$ Federal/State) to enable the
department to prepare for the transition from the
existing GAIN Program to the more employment
focused program that will be necessary under the
new Temporary Assistance for Needy Families (TANF)
requirements. The Department proposes to hire 14
Social Workers, two Social Worker Supervisors,
three Office Assistants III, II, I, and one
Program Manager, and the purchase of ten I5AWS
workstations and 21 GEMS workstations in the total
amount of $561,467 - action requested - APPROVE
BUDGET TRANSFER B-132 ACCEPTING AND APPROPRIATING
UNANTICIPATED REVENUE.
15. Introduction of a salary ordinance amendment -
Butte County Consolidated Courts - (1) adding four
additional Court Clerk III, II, I positions (two
positions to be filled during 1996-97) in
anticipation of a substantial increase in workload
from case filings from the District Attorney-Family
Support Division (funded by revenue from
reimbursement of services from the District
Attorney-Family Support Division); (2) deleting
one Court Clerk IV position (currently vacant} and
adding one Court Clerk III, II, I position and one
Office Assistant III, II, I (Department budget);
and (3) in anticipation of Butte County receiving
one newly created judgeship, the addition of three
flexibly staffed Court Clerk III, II, I positions
for the filing and courtroom clerk units to
directly support the new judicial position (AB
1818) - action requested - WAIVE READING OF THE
ORDINANCE.
16. Resolution In the Matter of Electing to Become
Subject to the Provisions of the Trial Court
Program for the Fiscal Year July 1, 1997 through
June 30, 1998 - State law requires that a majority
of the Board of Supervisors notify the State
Controller of its decision to accept State funding
for trial courts by transmitting an "opt in"
resolution to that office before March 1, 1997.
Such action will commit the Board to be bound by
the provisions of State law regarding such
funding - action requested - ADOPT RESOLUTION 97-17
AND AUTHORIZE THE CHAIR TO SIGN.
Page 56
February 25, 1997
97-55 17. Resolution Declaring the Week of January 27 through
January 31, 1997 as Eligibility worker Recognition
Week in Butte County - action requested - ADOPT
RESOLUTION 97-18 AND AUTHORIZE THE CHAIR TO SIGN.
18. Resolution disbanding the Butte Creek Canyon
Municipal Advisory Council (BCCMAC) - action
requested - ADOPT RESOLUTION 97-19 AND AUTHORIZE
THE CHAIR TO SIGN.
19. Resolution disbanding the Upper Ridge Municipal
Advisory Council (URMAC) - action requested - ADOPT
RESOLUTION 97-20 AND AUTHORIZE THE CHAIR TO SIGN.
20. Drescher Tract Road - proposed is an Assessment
District to construct the road to County standards
and to dedicate the improved road to the County for
maintenance. This proposal has been reviewed by
the Assessment District Review Committee, would
have no financial burden on the County, and the
property value versus cost ratio exceeds 10:1,
which makes it very favorable for bond sales.
According to Assessment District proceedings, the
County would be the responsible agency, however,
the property owners within the district would be
responsible for payment of all costs related to the
District, including payment of any loans -action
requested - APPOINT ROBERT BRUNSELL AND THE FIRM
STRUGIS, NESS, BRUNSELL AND ASSAF AS COUNSEL WITH
THE DUTY TO PREPARE ALL NECESSARY DOCUMENTS FOR THE
FORMATION OF THE DRESCHER TRACT ASSESSMENT DISTRICT
AT NO COST TO THE COUNTY, AND AUTHORIZE THE CHAIR
TO SIGN THE U.S. DEPARTMENT OF AGRICULTURE
PREAPPLZCATION FOR FEDERAL ASSISTANCE.
21. William O. Scott - proposed is a request for
approval of an employment contract between the
County (employer), County Consolidated Courts
(appointing authority), and William O. Scott
(employee) for a period of four years beginning
March 3, 1997 and terminating March 2, 2001. Mr.
Scott is appointed as a Court Commissioner pursuant
to the provisions of Government Code Section 70141
at a rate of pay equal to 75$ of the salary of a
municipal Court Judge, or $73,552 per year
(Department budget) - action requested - APPROVE
AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN.
Page 57
February 25, 1997
97-55 22. State Off-Highway Vehicle Funding - a grant
application has been prepared in the amount of
$38,000 for fiscal year 1998-99 and provides for
the removal of snow from the five miles of Humboldt
Road in Butte Meadows from the "Green Gate" (Paiute
Campground} to 1/2 mile above Colby Creek Bridge,
where the Jonesville Staging Area is located; snow
removal of the staging area parking lot; and
maintenance on a sno-cat - action requested - ADOPT
RESOLUTION 97-21 APPROVING THE GRANT APPLICATION
WHICH AUTHORIZES THE CHIEF ADMINISTRATIVE OFFICER
TO SIGN THE AGREEMENT AND SUBSEQUENT APPLICATIONS
AND AGREEMENTS WITH THE STATE AND AUTHORIZE THE
CHAIR TO SIGN.
23. Resolution in Support of the Development of a
System of Care to Serve the Severely Emotionally
and Behaviorally Disturbed Children and Families of
Butte County - the California Department of Mental
Health (DMH) has released a Request for Proposals
to develop a system of care to serve severely
emotionally and behaviorally disturbed children and
their families: Butte County Alcohol, Drug and
Mental Health Services has prepared an application
for funding in the amount of $500,000 per year for
a three year period aimed at reducing out of home
placement - action requested - ADOPT RESOLUTION 97-
22 AND AUTHORIZE THE CHAIR TO SIGN.
24. Azad's Martial Arts Family Center - proposed is an
agreement for the Center to deliver two levels of
classes to a target population of youth that are
considered "high risk" by the County's Alcohol,
Drug and Mental Health Services. The term of the
agreement is .November 4, 1996 through May 30, 1997
in the maximum amount of $20,000 (Federal Block
Grant) - action requested - APPROVE AGREEMENT AND
AUTHORIZE THE CHAIR TO SIGN. (Contract No. X10444)
25. Oroville Hospital - proposed is an agreement for
the provision of emergency room and ambulance
services 24 hours a day, seven days a week to
clients of the County Alcohol, Drug and Mental
Health Services commencing July 1, 1996 through
June 30, 1997 in the maximum amount of $20,000
(Realignment) - action requested - APPROVE
AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN.
(Contract no. X10465)
lage 58
February 25, 1997
February 25, 1997
97-55 26. Friday Night Live/Club Live - proposed are
contracts wherein the County's Alcohol, Drug and
Mental Health-Community Services provides school
based Friday Night Live/Club Live services to
numerous junior high and senior high schools
throughout the County. The proposed contracts with
Chico Unified School District ($6,000), Gridley
Union School District ($6,196), Central Middle
School ($3,100), and Paradise Unified School
District ($4,224) (Total amount of $19,520)
commence in October, 1996 (ranging from October 1st
to October 23rd) and extend through June 30, 1997 -
action requested - APPROVE BUDGET TRANSFER B-136,
APPROVE AGREEMENTS AND AUTHORIZE THE CHAIR TO
SIGN.
27. California Department of Parks and Recreation - the
Sheriff-Coroner has prepared an application for a
State Off-Highway Vehicle Grant entitled "Jonesville
Enforcement Project" for fiscal year 1998-99 in the
amount of $20,000 (25$ County match required.) The
State funding will allow for continued deputy
sheriff patrol in the Jonesville and Butte Meadows
areas - action requested - ADOPT RESOLUTION 97-23
APPROVING GRANT APPLICATION AND AUTHORIZE THE CHAIR
TO SIGN, AND REQUIRE THE SHERIFF-CORONER TO OBTAIN
CONCURRENCE OF BOARD OF SUPERVISORS ON GRANT BUDGET
PRIOR TO ACCEPTANCE OF AWARD OF FUNDS.
28. TCI of California - in response to customer
requests, TCI of California has returned Country
Music Television to their channel line-up and
dropped The Cartoon Network - action requested -
AUTHORIZE THE CHAIR TO SIGN WAIVER DISCLAIMING THE
30 DAY NOTIFICATION PERIOD FOR THIS PROGRAMMING
CHANGE.
29. County Alcohol, Drug and Mental Health Services
(BCADMHS) - currently BCADMHS holds individual
registration numbers for each of the psychiatrists
working for the department, which must be renewed
every two years at a cost of $210. BCADMHS is
making application to the California State Board
of Pharmacy for an Exempt Hospital permit, a
necessary part of an application with the Drug
Enforcement Agency to obtain a single regulation
number for the County - action requested - APPROVE
LETTER OF VERIFICATION THAT BCADMHS PSYCHIATRIC
HEALTH FACILITY IS GOVERNMENT OWNED AND OPERATED
AND AUTHORIZE THE CHAIR TO SIGN.
Page 59
February 25, 1997
February 25, 1997
97-55 30. County Flexible Benefits Spending Program (Internal
Revenue Code Section 125) - on November 12, 1996
the Board approved the change of cafeteria plan
administrators from Employee Benefits Specialists
to Benesphere Administrators. The Personnel
Department has received and approved final drafts
of the IRC Section 125 Flexible Spending Plan
Document (outlines implementation and ongoing
operation of the County's Flexible Benefits
Spending Program), and the Summary Plan Description
(informational material that will be presented to
all participating employees) - action requested -
ACCEPT FOR INFORMATION.
31. Conflict of Interest Code - the Paradise Irrigation
District has submitted to the Board of Supervisors,
for approval by its code reviewing body pursuant to
Goverrunent Code Section 87303, a certified copy of
its Resolution 97-06 to reflect title change of
designated employees, along with the revised
Appendix of Designated Positions. County Counsel
has reviewed and approved the amended code - action
requested - APPROVE AMENDMENT TO CONFLICT OF
INTEREST CODE AS SUBMITTED.
32. City of Chico - submits certified copies of Chico
City Council Resolutions No. 99 96-97 and 100 96-
97 (1) placing a measure on the ballot at the
Special Municipal Election to be held on May 6,
1997 ("Shall Section 403 of the City Charter
entitled, 'Eligibility of Candidates,' be amended
to permit a person to be eligible to be elected to
the office of city council member upon attaining
the age of eighteen (18) years rather than twenty-
one (21) years?"), and (2) to submit an advisory
measure to the voters regarding the amendment of
ordinances regarding franchises for yard debris
collection and street sweeping services - action
requested - AUTHORIZE THE COUNTY CLERK-RECORDER
(ELECTIONS) TO INCLUDE THE MEASURES ON THE BALLOT
FOR THE MAY 6, 1997 SPECIAL MUNICIPAL ELECTION IN
CHICO.
MOTION: I MOVE TO APPROVE THE CONSENT AGENDA WITH THE
REMOVAL OF ITEM 3.16.
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
Page 60
February 25, 1997
97-56 Appointments - commissions and committees.
A. Board of Supervisors' Committee assignments for
1997 - action requested - action requested - MAKE
APPOINTMENT(S) AS NEEDED.
B. Board of Supervisors' Registry Appointments -
action requested - MAKE APPOINTMENTS.
MOTION: I MOVE TO REAPPOINT JERRY MENDON TO THE
AGRICULTURE ADVISORY COMMISSION, DR. ROBERT
DI PIETRO TO THE FISH AND GAME COMMISSION, LES
JOHNSON TO THE BUTTE COUNTY FAIR BOARD,
WILI,ARD CONNOR TO THE SURFACE MINING AGGREGATE
OPERATIONS COMMITTEE, AND APPOINT KEN
HIGGINBOTHAM TO THE ECONOMIC DEVELOPMENT
CORPORATION/INDUSTRIAL DEVELOPMENT AUTHORITY
AS REPRESENTATIVES OF DISTRICT 5 TO TERMS TO
EXPIRE DECEMBER 31, 2000.
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
MOTION: I MOVE TO APPOINT HOWARD HAMMAN AS THE
DISTRICT 4 REPRESENTATIVE TO THE FISH AND GAME
COMMISSION.
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried}
MOTION: I MOVE TO APPOINT SUPERVISOR BEELER AS THE
BOARD'S REPRESENTATIVE TO THE CALIFORNIA STATE
ASSOCIATION OF COUNTIES (CSAC), AND SUPERVISOR
DOLAN, AS ALTERNATE TO TERMS TO EXPIRE
SEPTEMBER, 1997.
s M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
MOTION: I MOVE TO DISBAND THE CALIFORNIA RURAL HEALTH
ALLIANCE GOVERNING BOARD, AND THE BUTTE COUNTY
JUSTICE SYSTEM ADVISORY GROUP.
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
Page 61
February 25, 1997
February 25, 1997
97-56 C. Butte County Water Commission (restructured) -
action requested:
1. DISCUSS THE PROCESS FOR APPOINTING AT LARGE
REPRESENTATIVES TO THE RESTRUCTURED BUTTE
COUNTY WATER COMMISSION; AND
2. MAKE APPOINTMENTS Q$ CONTINUE TO BOARD MEETING
OF MARCH 11, 1997 TO ALLOW ADDITIONAL TIME FOR
BOARD MEMBERS TO CONSIDER INTERESTED
CANDIDATES.
MOTION: I MOVE TO FORM AN APPLICANT (AT LARGE
REPRESENTATIVES TO THE RESTRUCTURED BUTTE
COUNTY WATER COMMISSION) SCREENING COMMITTEE
CONSISTING OF THE PRESENT BOARD APPOINTEES TO
THE BUTTE COUNTY WATER COMMISSION AND BOARD
REPRESENTATIVES ROUX AND JOSIASSEN.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
97-57 Update on Sacramento legislative and budget activities.
(300) (JOHN S. BLACKLOCK, CHIEF ADMINISTRATIVE OFFICER,
REPORTED THAT THE PENDING TRIAL COURT FUNDING BILL IS A
MATTER OF CONTINUING CONCERN TO THE COUNTY.)
97-58 Chico Center location - proposed is a Chico Center which
will house Welfare eligibility and social services staff
along with staff from the Private Industry Council and
the California Employment Development Department to allow
the Welfare Department to co-locate with other employment
focused services to provide seamless delivery of job
training, job development and employment services -
action requested - APPROVE CONCEPTUAL PLAN TO DEVELOP A
CHICO CENTER LOCATION, AND TO PARTICIPATE WITH THE
PRIVATE INDUSTRY COUNCIL (PIC) IN LEASE NEGOTIATIONS FOR
SUCH A LOCATION. (376)
MOTION: I MOVE TO APPROVE THE CONCEPTUAL PLAN TO
DEVELOP A CHICO CENTER LOCATION, AND TO
PARTICIPATE WITH THE PRIVATE INDUSTRY COUNCIL
(PIC) IN LEASE NEGOTIATIONS FOR SUCH A
LOCATION.
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
Paqe 62
February 25, 1997
February 25~ 1997
97-59 Interim report to Board regarding the effect of
Proposition 218 on County Service Areas - action
requested - CONSIDER CALLING A SPECIAL MEETING:
A. TO FURTHER CONSIDER THE EFFECT OF PROPOSITION 218
ON COUNTY SERVICE AREAS; AND
B. TO CONSIDER CALLING SPECIAL TAX ELECTIONS IN COUNTY
SERVICE AREAS 31 (BIGGS SWIMMING POOL), 34 (GRIDLEY
SWIMMING POOL), 37 (GRIDLEY/BIGGS AMBULANCE), AND
164 (ANIMAL CONTROL.) (796)
MOTION: I MOVE TO CALL A SPECIAL MEETING OF THE BOARD
ON TUESDAY, MARCH 4, 1997 AT 9:00 A.M. TO
FURTHER CONSIDER THE EFFECT OF PROPOSITION
218 ON COUNTY SERVICE AREAS; AND TO CONSIDER
CALLING SPECIAL TAX ELECTIONS IN COUNTY
SERVICE AREAS 31 (BIGGS SWIMMING POOL), 34
(GRZDLEY SWIMMING POOL), 37 (GRIDLEY/BZGGS
AMBULANCE), AND 164 (ANIMAL CONTROL.)
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
RECESS: 9:58 A.M.
RECONVENE: 10:13 A.M.
97-60 Public hearing - renaming of a private road in the Chico
area - Panorama Drive (Richardson Springs Road to End) to
Indian Cliffs Drive - action requested - ADOPT RESOLUTION
RENAMING A PRIVATE ROAD IN BUTTE COUNTY AND AUTHORIZE THE
CHAIR TO SIGN. (FROM 1-14-97) (1515)
MOTION: I MOVE TO ADOPT RESOLUTION 97-24 RENAMING A
PRIVATE ROAD IN BUTTE COUNTY AND AUTHORIZE THE
CHAIR TO SIGN.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
Page 63
February 25, 1997
97-61 Public hearing - consideration of the proposed Americans
with Disabilities Act (ADA) Paratransit Plan Update for
transit providers in Butte County to be submitted to
the Federal Transit Administration - action requested -
INCORPORATE COI+iMENTS INTO THE PLAN UPDATE AND APPROVE THE
1997 COORDINATED COMPLEMENTARY SERVICE PLAN UPDATE.
(1572)
MOTION: I MOVE TO APPROVE THE 1997 COORDINATED
COMPLEMENTARY SERVICE PLAN UPDATE.
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
97-62 Public hearing - consideration of an application to the
Department of Housing and Community Development for
funding under the Community Development Block Grant
(CDBG) Program for State fiscal year 1997. The County is
eligible to apply for up to $500,000 per grant and up to
$800,000 in any one year. In addition, the County may
apply for up to $70,000 per year in planning and
technical assistance grants - action requested - DIRECT
THAT THE APPLICATION UNDER THE GENERAL ALLOCATION
COMPONENT (CDBG) BE MADE FOR FUNDING OF A COMMUNITY
CENTER IN THE UNINCORPORATED AREA OF BUTTE COUNTY KNOWN
AS SOUTH OROVILLE. (1645)
MOTION: I MOVE TO DIRECT THAT THE APPLICATION UNDER
THE GENERAL ALLOCATION COMPONENT (CDBG) BE
MADE FOR FUNDING OF A COMMUNITY CENTER IN THE
UNINCORPORATED AREA OF BUTTE COUNTY KNOWN AS
SOUTH OROVILLE.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
97-63 Items removed from the Consent Agenda for Board
consideration and action.
1. Resolution Returning the Butte County District
Attorney Family Support Division to a 40 Hour
Week - action requested - ADOPT RESOLUTION AND
AUTHORIZE THE CHAIR TO SIGN. (FROM 1-28-97) (1905)
MOTION: I MOVE TO ADOPT RESOLUTION 97-25 AND AUTHORIZE
THE CHAIR TO SIGN.
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
Page 64
February 25, 1997
Public Hearings and Timed Items
97-64 Continued hearing - Jeni Kizziar - consideration of an
appeal of the Planning Commission's approval of the Cal
Soccer Club use permit (item on which a negative
declaration regarding environmental impacts has been
recommended), to allow a five-field soccer complex on
property zoned R-1 (Residential}, property located on the
north side of Sycamore Drive and adjacent to Highway 99,
identified as AP 007-010-037 and 007-420-053, Chico -
action requested:
A. CONSIDERATION OF THE REFUND OR TRANSFER OF THE
APPLICATION FEE AND/OR DIRECTION TO STAFF TO
PREPARE ORDINANCE AMENDMENT REGARDING 1) WAIVER;
2) REFUND; OR 3) TRANSFER OF APPLICATION FEES;
AND
B. ADOPTION OF A MOTION OR A MOTION OF INTENT TO
APPROVE OR DENY THE APPEAL AND THE USE PERMIT
APPLICATION. (FROM 1-28-97) (2350) (**00)
MOTION: I MOVE TO UPHOLD THE APPEAL AND DENY THE USE
PERMIT FINDING THE PROJECT IS INCOMPATIBLE
WITH THE NEIGHBORHOOD AS SPECIFIED IN THE
COUNTY CODE.
M S
VOTE: l Y 2 Y 3 Y 4 N 5 Y (Motion Carried)
MOTION: I MOVE TO WAIVE THE FILING FEES FOR THE
PROPOSED NEW CAL SOCCER USE PERMIT APPLICATION
(WAIVER NOT TO INCLUDE SUBDIVISION MAP.)
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
Page 65
February 25, 1997
97-65 Public hearing - George and Shirley Bylard -
consideration of a rezone (item on which a negative
declaration regarding environmental impacts has been
recommended) of an eight acre parcel from "U"
(Unclassified) and TM-5 (Timber Mountain - five acre
parcels) to TM-2.5 (Timber Mountain - 2.5 acre parcels),
property located on the west side of Nopel Avenue,
approximately 1500 feet north of SR 32, identified as APN
063-110-002, in the Forest Ranch area - action
requested - STAFF RECOMMENDS THAT THE BOARD CONFIRM THE
PLANNING COMMISSION'S RECOMMENDATION FOR APPROVAL OF THIS
APPLICATION, AND SUBJECT TO ENVIRONMENTAL FINDINGS A-C
AND ZONING FINDING A, ADOPT A NEGATIVE DECLARATION AND AN
ORDINANCE REZONING TO TM-2.5 THAT PROPERTY IDENTIFIED AS
APN 063-110-002.
MOTION: I MOVE TO CONFIRM THE PLANNING COMMISSION'S
RECOMMENDATION FOR APPROVAL OF THIS
APPLICATION, AND SUBJECT TO ENVIRONMENTAL
FINDINGS A. AN INITIAL STUDY WAS COMPLETED IN
COMPLIANCE WITH THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT AND NO POTENTIALLY SIGNIFICANT
ENVIRONMENTAL EFFECTS WERE IDENTIFIED.;
B. THIS PROJECT HAS THE POTENTIAL TO CAUSE
ENVIRONMENTAL DAMAGE TO FISH OR WILDLIFE OR
THEIR HABITAT AND THE COLLECTION OF DEPARTMENT
OF FISH AND GAME ENVIRONMENTAL FILING FEES IS
REQUIRED.; AND C. THE BOARD OF SUPERVISORS
HAS INDEPENDENTLY REVIEWED, ANALYZED AND
CONSIDERED THE PROPOSED NEGATIVE DECLARATION
PRIOR TO MAKING ITS DECISION ON THE PROJECT,
AND THE NEGATIVE DECLARATION REFLECTS THE
INDEPENDENT JUDGMENT OF THE COUNTY OF BUTTE.;
ZONING FINDING A. FIND THAT THE REZONE
CONFORMS TO THE POLICIES, INCLUDING THE TEXT
AND MAP OF THE BUTTE COUNTY GENERAL PLAN,
BECAUSE THE REQUESTED ZONE IS LISTED AS A ZONE
THAT IS CONSISTENT WITH THE AGRICULTURAL
RESIDENTIAL GENERAL PLAN DESIGNATION AND THE
USE PERMITTED BY THE ZONE WILL BE CONSISTENT
WITH THE GENERAL PLAN AND SURROUNDING
PROPERTIES; AND SUBJECT TO THE ENVIRONMENTAL
AND ZONING FINDINGS, ADOPT THE NEGATIVE
DECLARATION AND ORDINANCE 3322 REZONING TO TM-
2.5, THAT PROPERTY IDENTIFIED AS APN 063-110-
002.
S M
MOTION: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
Page 66
February 25, 1997
February 25, 1997
97-66 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.) (121)
1. John Gillander, Chico - requested that the Board
look at its appointment to the Ag Committee
ordinance (Ed McLaughlin.)
2. Supervisor Houx - recommends a response to the
letter from K. Maurice Johannessen, Senator, Fourth
senatorial District, regarding Senator Lockyer's
consideration of a proposal to revamp how we
finance our court system (requiring the individual
counties to fund their own trial courts) and our
General Assistance (G.A.) Program (turning G.A.
over to the State.)
3. Tom Reid, Health Department - has spoken with
Mr. and Mrs. Alan Reil regarding their septic
problem, and has referred them to Craig Erickson,
Program Manager with Environmental Health.
97-67 CLOSED SESSION: The Board recessed at 11:08 a.m. to
a closed session conference with
legal counsel for actual litigation
pursuant to Government Code Section
54856.9(a) (Jenks v. Butte County.)
RECONVENE: The Board reconvened at 11:31 a.m.
following a closed session conference
with legal counsel for actual litigation
pursuant to Government Code Section
54956.9 (a) (Jenks v. Butte County.) (NO
ANNOUNCEMENTS)
97-68 Communications received and referred. (COPIES OF ALL
COMMUNICATIONS ARE AVAILABLE IN THE CLERK OF THE BOARD
OFFICE.)
A. David N. Kennedy, Director, California Department
of Water Resources (DWR) - forwards copies of
"Criteria for Bulletin 132-97 Project Operation
Studies" and "Interest and Escalation Rates for
Preparing Bulletin 132-97." These criteria are
being used by DWR in preparing information to be
presented in Bulletin 132-97, "Management of the
California State Water Project" and for determining
the Water contractors' Statements of Charges for
1998. (REFER TO AUDITOR-CONTROLLER, COUNTY
COUNSEL, AND COUNTY WATER COMMISSION)
Page 67 February 25, 1997
97-68 B. Mark Kimmelshue, Board Secretary, Butte-Sutter
Basin Area Groundwater Users Corporation -forwards
a copy of a letter which their organization has
sent to Mr. Wendell Gilqert, expressing their
concern over the damage that was done to the
Parrot-Phelan (Okie) Dam and the Durham Mutual
Water Company Dam during the recent storms, and
requesting any assistance the Board could render to
expedite the repair of these two facilities.
(REFER TO EMERGENCY SERVICES OFFICER, DIRECTOR-
PUBLIC WORKS, AND CHIEF ADMINISTRATIVE OFFICER)
C. K. Maurice Johannessen, Senator, Fourth Senatorial
District - forwards information to the Board
regarding Senator Lockyer's consideration of a
proposal to revamp how we finance our court system
(requiring the individual counties to fund their
own trial courts) and our General Assistance (G.A.)
Program (turning G.A. over to the State.) Mr.
Johannessen asks that the Board let him know its
opinion of the proposals.....benefits and
liabilities? (REFER TO CHIEF ADMINISTRATIVE
OFFICER)
D. David N. Kennedy, Director, Department of Water
Resources (DWR) -forwards notice of an opportunity
to interested contractors who have signed the
Monterey Amendment to sell allocated 1997
entitlement water through turn-back water pools.
(REFER TO COUNTY COUNSEL, CHIEF ADMINISTRATIVE
OFFICER, AND WATER.COMMISSION)
ADJOURNMENT
ATTEST: JOHN S. BLACKLOCK, Chief Administrative Officer
and Clerk of th(~ Board of Supervisors
By : >cu ~ ~P`-~s c~ i1--
Page 68
February 25, 1997
There being no further business before
the Board, the meeting was adjourned at
11:31 a.m. to reconvene at a special
meeting on Tuesday, March 4, 1997 at
9:00 a.m.