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HomeMy WebLinkAboutM031092March 10, 1992 Call to order - Board of Supervisors room, County Administration Building, 25 County Center Drive, Oroville. Supervisors Houx, McInturf, McLaughlin and Chair Dolan present. Supervisor Fulton not present. Starlyn Brown, acting chief administrative officer; and Carol Roach, assistant clerk to the Board. Pledge of allegiance to the Flag of the United States of America. Consent Aqenda 92-92 1. Approval of minutes - action requested - APPROVE MINUTES OF FEBRUARY 25, 1992. 2. Budget transfers - action requested - APPROVE B-99 (FIRE PROTECTION/VOLUNTEERS), B-100 (SHERIFF/INCARCERATION), B-101 (AIR POLLUTION CONTROL DISTRICT), B-102 (ADMINISTRATIVE OFFICE), B-103 (PUBLIC HEALTH/GENERAL SERVICES), B-104 (FIRE PROTECTION/REGULAR), B-105 (WELFARE/ADMINISTRATION), B-106 (ELECTIONS), B-107 (CSA 87, KEEFER/ROCK CREEK DRAINAGE), B-108 (FARM AND HOME ADVISOR), B-109 (PUBLIC WORKS/YARDS & STORES), B-110 (RECORDER), AND B-116 (PUBLIC HEALTH/GENERAL SERVICES). 3. Fire Department - the North Chico Volunteer Fire Company has donated $2,500 for the purchase of five Motorola Monitor II voice storage pagers. Additional savings due to volume discount, past purchases, the ability to get State contract prices, and the volunteers' contribution increases pagers authorized from 44 to 55 - action requested - ACCEPT DONATION, AUTHORIZE LETTER OF APPRECIATION, AND APPROVE PURCHASE OF FIXED ASSET ITEMS. Page 69 March 10, 1992 March 10. 1992 92-92 4. Library - The Donald W. Reynolds Foundation, Inc., Fort Smith, Arkansas has donated $600 to the Adult Reading Program for adult learning instruction tapes - action requested - ACCEPT DONATION AND AUTHORIZE LETTER OF APPRECIATION. 5. Area II Developmental Disabilities Planning Board - action requested - APPOINT BARBARA PICASO TO SERVE AN UNEXPIRED TERM TO DECEMBER 31, 1992. 6. Land Conservation Agreements - G & M Ranches, Inc. and Lucky Seven Ranch Christian Fellowship, AP 041- 150-031 and 032 - Board authorization is requested for a modification of two Williamson Act agreements pursuant to a boundary line modification being approved by the Advisory Agency - action requested - APPROVE MODIFICATION OF LAND CONSERVATION AGREEMENTS FOR G & M RANCHES, INC. AND LUCKY SEVEN RANCH CHRISTIAN FELLOWSHIP. 7. County Service Area No. 23 (Pleasant Valley Drainage) - in conjunction with a development in the City of Chico, the developers were required to obtain easements for the construction, operation, and maintenance of off site drainage facilities and to construct the required facilities. The developers have obtained easement agreements for the facilities and are currently starting construction - action requested - ACCEPT EASEMENT AGREEMENTS FOR THE OPERATION AND MAINTENANCE OF STORM DRAINAGE FACILITIES WITHIN CSA NO. 23 AND AUTHORIZE THE CHAIR TO SIGN. 8. Charlotte Speegle, Oroville -filed a claim in the amount of $500,000 for alleged injuries and damages as a result of alleged actions by Public Health - Animal Control on or about February 5, 1991 - action requested - REJECT CLAIM AND REFER TO COUNTY COUNSEL AND RISK MANAGEMENT. 9. County Clerk - Recorder - Board authorization is requested to purchase a 6KVA uninterruptible power supply and data guard for the Recorder's RIMS computer system at an estimated cost of $11,000 including tax and shipping with funding available from the Recorder's Systems Trust Fund. Budget transfer B-110 has been prepared for the necessary appropriation - action requested - APPROVE PURCHASE OF FIXED ASSET ITEM. Page 70 March 10, 1992 March 10, 1992 92-92 10. County Clerk - Recorder - the Board previously approved a map restoration project for County landplat maps and historical wall maps. Board authorization is requested to purchase six locking map cabinets with bases to hold the restored maps in the estimated amount of $2,400 including tax and shipping. Funding is available within the Recorder's fixed assets budget - action requested - APPROVE PURCHASE OF FIXED ASSET ITEMS. 11. County Clerk - Recorder - the Elections Office is in the process of consolidating their storage facilities into one warehouse in Oroville. Board authorization is requested to purchase a pallet jack in order to move election supplies within the warehouse for distribution at election time in the estimated cost of $600 including tax and shipping. Budget transfer B-106 has been prepared for the necessary appropriation - action requested - APPROVE PURCHASE OF FIXED ASSET ITEM. 12. Farm Advisor - Board authorization is requested to upgrade a computer by adding random-access memory (RAM) in the approximate amount of $300. Budget transfer B-108 has been prepared for the necessary appropriation - action requested - APPROVE PURCHASE OF FIXED ASSET ITEM. 13. Fire Protection - Regular - the Fire Department budget includes $180,000 for a 4-wheel drive fire engine for the Upper Ridge Station No. 33. Acquisition of the fire engine, pursuant to State of California and Butte County Fire Department specifications, is made as part of State Office of Procurement purchase order no. 6394, which was awarded to Westates Truck Equipment Corp. of Woodland, CA in the amount of $171,600 including tax. The price includes a cab and chassis which was bid on a competitive basis - action requested - APPROVE PURCHASE OF FIRE ENGINE FROM WESTATES TRUCK EQUIPMENT CORPORATION. 14. Fire Protection - Regular - Board authorization is requested for the purchase of two self contained breathing apparatus in the estimated amount of $3,400 to be placed upon the new fire engine being acquired for Upper Ridge Station No. 33 - action requested - APPROVE PURCHASE OF FIXED ASSET ITEMS. Page 71 March 10, 1992 March 10. 1992 92-92 15. Fire Protection - Regular - Board authorization is requested to increase from 12 to 14 the number of pagers purchased as part of fixed assets approved in the 1991/92 final budget with no change in the dollar amount due to volume discount, past purchases and the ability to get State contract prices - action requested - APPROVE PURCHASE OF FIXED ASSET ITEMS. 16. Fire Protection - Volunteers - Board authorization is requested to increase from eight to ten the number of mobile radios purchased as part of fixed assets approved in the 1991/92 final budget with no change in the dollar amount due to the ability to use the U.S. Forest Service contract and direct purchase from Midland Corporation - action requested - APPROVE PURCHASE OF FIXED ASSET ITEMS. 17. Fire Department - conveyance of County property - Board authorization is requested for the donation of a 1969 General Electric Mobile Radio, model MT76TF566 (serial no. 9390363, asset no. M00111), which is not needed by the County Fire Department and is not compatible with their radio system to Butte College for training purposes - action requested - AUTHORIZE PUBLICATION OF NOTICE OF INTENTION TO CONVEY COUNTY PROPERTY PURSUANT TO GOVERNMENT CODE SECTION 25365 AND 6061. 18. General Services - Buildings and Grounds - Board authorization is requested to purchase three 80 Mb hard drives for an existing AST, 386SX/20 computers ($350 each), one 386SX/20 computer, 80 Mb hard drive, 2 Mb RAM with color monitor ($1,250), one CD ROM ($450), and one Artisoft AE-2C/F Elhernet adapter ($200). Funding is available from within the department's budget - action requested -APPROVE PURCHASE OF FIXED ASSET ITEMS. 19. General Services - Building and Grounds metal shop building - contract change order no. 2 has been prepared in the increasing amount of $1,881 covering additional materials and labor for a change in the foundation design. The change order also extends the project completion date to April 28, 1992 - action requested - APPROVE CHANGE ORDER NO. 2 AND AUTHORIZE THE CHAIR TO SIGN. Page 72 March 10, 1992 March 10, 1992 92-92 20. General Services - Board authorization is requested to acquire parts and materials that would be used to upgrade the older County owned personal computers at the Computer Center at a cost not to exceed $933. Funding is available from the existing fixed asset account - action requested - APPROVE FIXED AS5ET EQUIPMENT UPGRADES. 21. Purchasing Office - truck cab and chassis - Public Works has evaluated and reviewed numerous vehicles made by other manufacturers and has determined that the Volvo FE series has the only chassis that will accept the modifications necessary to convert the unit into a paint striping truck - action requested - BOARD AUTHORIZATION IS REQUESTED FOR THE SOLE SOURCE PURCHASE OF A 1992 VOLVO FE 43 CAB AND CHASSIS IN THE AMOUNT OF $50,497.25 INCLUDING TAX FROM F.B. HART OF BEDDING, CA. 22. Sheriff-Coroner - Services Division - Board authorization is requested to purchase twv mobile radios to place in two newly purchased vehicles in the amount of $1,772.28 which includes the radio, control panel, antenna and the cost of installation. Funding is available within the existing fixed asset account - action requested - APPROVE PURCHASE OF FIXED ASSET ITEMS. 23. North County Municipal Court - FAX machine - Board authorization is requested to purchase a FAX machine in the estimated amount of $650 from existing fixed assets funds appropriated for a typewriter - action requested - APPROVE PURCHASE OF FIXED A5SET ITEM. 24. Public auction sale by the Treasurer - Tax Collector of tax-defaulted property which is subject to the power of sale in accordance with Chapter 7 of Part 6 of Division 1 of the California Revenue and Taxation Code - action requested - ADOPT RESOLUTION 92-24 AND AUTHORIZE THE CHAIR TO SIGN. 25. North County Municipal Court - the Auditor- Controller has submitted the audit report for fiscal year ended June 30, 1991 for the North County Municipal Court - action requested - ACCEPT FOR INFORMATION. 26. Adoption of a salary ordinance amendment transferring a personnel specialist position from the Personnel Department to the Welfare Department due to increased staffing needs and the level of personnel support required by the Welfare Department -action requested - ADOPT ORDINANCE 2986 AND AUTHORIZE THE CHAIR TO SIGN. Page 73 March 10, 1992 March 10, 1992 92-92 27. Adoption of a salary ordinance amendment incorporating positions approved as part of the expansion of the Mental Health Department's Homeless and Emergency Runaway Effort (H.E.R.E.) Program. The youth services classification series has been developed specifically for this special State and Federal Program to provide services to youths and their families. The program is funded by Federal and State grants - action requested - ADOPT ORDINANCE 2987 AND AUTHORIZE THE CHAIR TO SIGN. 28. Introduction of a salary ordinance amendment to flexibly staff currently budgeted allocated positions for the following departments: Welfare, Assessor, District Attorney, Public Works, Superior Court, Mental Health, Self-Insurance and County Clerk-Recorder. The recommended changes will allow flexibility in meeting recruitment needs. Included is the correction of an administrative error for the position of assistant health officer - action requested - WAIVE READING OF THE ORDINANCE. 29. Introduction of a salary ordinance amendment transferring from the Administrative budget unit to Administrative -General Services Administration the General Services Director adopted as part of the 1991/92 budget - action requested - WAIVE READING OF THE ORDINANCE. 30. Introduction of a salary ordinance amendment increasing the flat hourly rate assignment for extra help psychiatrists from $55 to $65/hour for mental health clinic psychiatrist (Board eligible) and $65 to $75/hour (Board certified) due to an inability to recruit applicants - action requested - WAIVE READING OF THE ORDINANCE. 31. Introduction of a salary ordinance amendment changing the flexibly staffed position of senior account clerk or account clerk to accounting specialist or senior account clerk at the North County Municipal Court as part of trial court funding negotiations - action requested - WAIVE READING OF THE ORDINANCE. 32. Introduction of a salary ordinance amendment reclassifying a civil engineering - senior position, salary range 267, to a new position designation of solid waste manager, salary range 267 - action requested - WAIVE READING OF THE ORDINANCE. Page 74 March 10, 1992 March 10 1992 92-92 33. Introduction of an ordinance amending Sections 3- 12, 3-13 and 3-18 of Article II of Chapter 3 of the Butte County Code clarifying that Sheriff's Impact Fees are to be imposed upon all residential and commercial development, including the installation of mobile homes, manufactured housing and manufactured commercial space - action requested - WAIVE READING OF THE ORDINANCE. 34. Resolution declaring the month of March, 1992 as Social Work Month in Butte County - action requested - ADOPT RESOLUTION 92-25 AND AUTHORIZE THE CHAIR TO SIGN. 35. Vail Engineering, Inc. - the proposed contract in the amount of $84,000 is for infrastructure planning, finance planning and plan preparation services in connection with the preparation of the North Chico Specific Plan - action requested - APPROVE CONTRACT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. 36. Burdick & Company - the proposed contract in the amount of $119,000 is for planning, environmental analysis and plan preparation services in connection with the preparation of the North Chico Specific Plan - action requested - APPROVE CONTRACT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. 37. Bay Microfilm - a proposal has been submitted to microfilm 52 books of old photostat birth, death, and marriage records at a cost of $0.07 per image. The total estimated cost to film approximately 13,300 records is $1,100, which includes diazo duplicates of rolls of film. Funding is available from the Recorder's Micrographics Trust Fund. Budget transfer B-110 has been prepared for the necessary appropriation - action requested - APPROVE PROPOSAL WITH BAY MICROFILM SUBJECT TO APPROVAL OF COUNTY COUNSEL AND AUDITOR-CONTROLLER. 38. Brownie's Blueprint Company -proposed is a contract to perform photographic work (i.e., negative, positive, and blackline images) as part of the restoration of old County landplat and historical maps in the Recorder's Office, and approved by the Board in November, 1991. Funding in the amount of $15,000 was previously approved - action requested - APPROVE CONTRACT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND AUDITOR-CONTROLLER. Page 75 March 10, 1992 March 10, 1992 92-92 39. Howard, Rice, Nemerovski, Canady, Robertson & Falk - proposed is an agreement to retain attorney services for a term of one year - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. 40. Assignment of counsel - County Counsel proposes assigning Juarez v. Chico Police Department, et al. to the law firm of Marsh, Marsh, Volpe & Molin - action requested - APPROVE ASSIGNMENT OF COUNSEL. 41. 1992/93 Major Narcotics Vendor Prosecution Program - the District Attorney's office is preparing the application in the amount of $105,000 - action requested - ADOPT RESOLUTION 92-26 AUTHORIZING SUBMITTAL OF THE APPLICATION TO THE STATE OFFICE OF CRIMINAL JUSTICE PLANNING AND AUTHORIZE THE CHAIR TO SIGN. 42. South County Municipal Court environmental study - an agreement has been prepared with Planning Concepts of Nevada City to conduct the site specific initial environmental study for the South County Municipal Court, Oroville Branch. The amount of the agreement is $11,700 - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND AUDITOR- CONTROLLER. 43. Off-Highway Vehicle grant - the fourth year grant application for 1993/94 has been prepared for submission to the State Department of Parks and Recreation covering snow removal from the five miles of Humboldt Road, above Butte Meadows to the Jonesville Staging area. The application is in the amount of $12,450 - action requested - APPROVE THE GRANT APPLICATION AND AUTHORIZE THE ACTING CHIEF ADMINISTRATIVE OFFICER TO SIGN IN ACCORDANCE WITH RESOLUTION 89-054. 44. Chico Professional Offices - proposed is the annual extension of the lease agreement for the property at 578 Rio Lindo Avenue, Suite 4, Chico utilized by the Mental Health Department's Youth Treatment Services. The lease agreement is from October 1 through September 30 of each year - action requested - APPROVE LEASE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. Page 76 March 10, 1992 March 10. 1992 92-92 45. Enloe Hospital - as part of a regional Perinatal Pilot Project (Options for Recovery), Alcohol and Drug Services received $270,658 in federal funds specific to Perinatal services. The project plan was to contract with Enloe Hospital for expansion of their existing program for Day Treatment and Case Management services. The contract provides a maximum of $226,287 for September 1, 1991 through June 30, 1992 - action requested - APPROVE CONTRACT AND AUTHORIZE THE CHAIR TO SIGN. 46. Juvenile Hall - an agreement has been prepared providing for the placement of San Benito minors in the Butte County Juvenile Hall. The effective date of the agreement is March 1, 1992 - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. 47. Family Planning contract no. 91-12413 - the proposed amendment no. A01 with the State Department of Health Services increases the amount of State funds available to the County by $6,876 for fiscal year 1991/92. The maximum amount payable to the County for Family Planning contraceptive care during July 1, 1991 through June 30, 1994 is increased to $108,876 - action requested - APPROVE CONTRACT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN. 48. Family Planning contract no. 88-93870 - under the terms of the contract with the State Department of Health Services, the County received $31,296 in funding for the 1990/91 fiscal year. All conditions of the contract have been met - action requested - APPROVE CONTRACTOR'S RELEASE AND AUTHORIZE THE CHAIR TO SIGN. 49. Steve Sloan purchase of years, named for use by Department - AND AUTHORIZ - the proposed agreement is for the a male German Shepherd dog, age two Beezt for the sum of one dollar ($1.00) the Canine Unit of the Sheriff's action requested - APPROVE AGREEMENT E THE CHAIR TO SIGN. 50. 1993/94 Off-Highway Vehicle (OHV) Grant - the Sheriff-Coroner is preparing the application in the amount of $14,500 - action requested - ADOPT RESOLUTION 92-27 AUTHORIZING SUBMITTAL OF THE APPLICATION TO THE STATE OFF-HIGHWAY VEHICLE COMMISSION AND AUTHORIZE THE CHAIR TO SIGN. Page 77 March 10, 1992 March 10. 1992 92-92 51. Mike Thompson, Senator, 4th District - requests Board support of SB 1411, to significantly reduce the pay of 65 state board and commission members who are currently earning between $70,000 and $95,000 each year. The annual state savings from this bill will be approximately $2.5 million - action requested - APPROVE LETTER IN SUPPORT OF SB 1411 AND AUTHORIZE THE CHAIR TO SIGN. 52. Conflict of interest codes for Butte County School Districts - amended conflict of interest codes have been submitted for approval by the code reviewing body by the Bangor Unified School District, Biggs Unified School District, Chico Unified School District, Durham Unified School District, Feather Falls Union School District, Golden Feather Union School District, Gridley Union School District, Gridley Union High School District, Manzanita School District, Oroville City Elementary School District, Palermo Union School District, Paradise Unified School District, and Thermalito School District pursuant to Government Code Sections 87303 and 87306.5. County Counsel has reviewed the submitted codes and found them acceptable - action requested - APPROVE THE PROPOSED CODES AS SUBMITTED. 53. Mental Health Advisory Board - Board authorization is requested for reimbursement to a member of the Mental Health Advisory Board who attended the Organization of Mental Health Advisory Board meeting on February 26-28, 1992 in San Diego in the estimated amount of $500 - action requested - AUTHORIZE REIMBURSEMENT OF ADVISORY BOARD MEMBER TRAVEL. 54. Destruction of time cards - Elections Office - Board authorization is requested for the destruction of election time cards prior to 1987 pursuant to County Counsel opinion no. 91-071 and Government Code Section 26202 - action requested - AUTHORIZE DESTRUCTION OF TIME CARDS AS REQUESTED. 55. Administrative Office - Risk Management forwards the fiscal year 1991/92 Risk Management Report which explains the risk manaqement function, identifies and analyzes loss exposures, and discusses past and future activities - action requested - ACCEPT REPORT FOR INFORMATI~N. Page 78 March 10, 1992 arch 10. 1992 92-92 56. Board of Supervisors - schedule a Board meeting for Monday, March 16, 1992 at 9:00 a.m. for a closed session on personnel - action requested - SET MEETING. MOTION: MOVE TO APPROVE THE CONSENT AGENDA WITH ITEM 3.28 AMENDED TO: ACTION REQUESTED - WAIVE READING OF THE ORDINANCE. S M VOTE: 1 Y 2 Y 3 Y 4 Y 5 NP (Unanimously Carried) Reqular Agenda (SUSAN MINASIAN, COUNTY COUNSEL, PRESENT} 92-93 Items removed from the Consent Agenda for Board consideration and action. (NONE) 92-94 Appointments - commissions and committees. a. Appoints to committee vacancies. (NONE) 92-95 Presentation to the Board of the Butte County Visitor Guide. (50) (PRESENTATION BY BOB LINSCHEID OF THE BUTTE COUNTY VISITOR GUIDE ON BEHALF OF THE ASSOCIATION OF BUTTE COUNTY CHAMBERS OF COMMERCE) (SUPERVISOR FULTON PRESENT) 92-96 California Children's Services Program - action requested: A. APPROPRIATE $83,000 TO PUBLIC HEALTH - GENERAL SERVICES ACCOUNT 536; B. INCREASE ANTICIPATED REVENUE IN RURAL HEALTH SERVICES BY $50,000; C. APPROVE TRANSFER OF $33,000 FROM THE GENERAL FUND; AND D. AUTHORIZE THE DIRECTOR - PUBLIC HEALTH TO REQUEST MATCHING STATE FUNDS IN THE AMOUNT OF $83,000. (200) Page 79 March 10, 1992 March 10. 1992 92-96 MOTION: MOVE TO (A) APPROPRIATE $83,000 TO PUBLIC HEALTH - GENERAL SERVICES ACCOUNT 536; (B) INCREASE ANTICIPATED REVENUE IN RURAL HEALTH SERVICES BY $50,000; (C) APPROVE TRANSFER TO $33,000 FROM THE APPROPRIATION FOR CONTINGENCIES; AND (D) AUTHORIZE THE DIRECTOR - PUBLIC HEALTH TO REQUE5T MATCHING STATE FUNDS IN THE AMOUNT OF $83,000. M S VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y(Unanimously Carried) 92-97 Butte County Fair Board of Directors request Board approval of an agreement between the County and the Fair Association that would allow the Fair to establish a line of credit, not to exceed $50,000, from the general fund to assist the Fair with cash flow need during the time frame when fair receipts are at minimal levels - action requested - AUTHORIZE STAFF TO NEG~TIATE AN AGREEMENT WITH BUTTE COUNTY FAIR ASSOCIATION SUBJECT TO CONDITIONS AS OUTLINED IN STAFF REPORT, AND AUTHORIZE THE ACTING CHIEF ADMINISTRATIVE OFFICER TO SIGN. (365) MOTION: MOVE TO AUTHORIZE STAFF TO NEGOTIATE AN AGREEMENT WITH BUTTE COUNTY FAIR ASSOCIATION SUBJECT TO CONDITIONS AS OUTLINED IN STAFF REPORT, AND AUTHORIZE THE ACTING CHIEF ADMINISTRATIVE OFFICER TO SIGN. M VOTE: 1 2 3 4 5(Mation Withdrawn) MOTION: MOVE TO APPOINT A SIX MEMBER COMMITTEE CONSISTING OF SUPERVISOR MC LAUGHLIN, ADMINISTRATION, COUNTY COUNSEL, TREASURER-TAX COLLECTOR, AND TWO MEMBERS OF THE FAIR BOARD TO REPORT TO THE BOARD AT THEIR MEETING OF MARCH 24, 1992 WITH A PROPOSAL TO INCLUDE: A NINE MONTH REVOLVZNG LOAN, PAID BACK BY THE FIRST OF NOVEMBER OF EACH YEAR; A$50,000 CEILING WOULD BE APPLIED TO THE LOAN; A MECHANISM WOULD BE SET IN PLACE WHEREIN THE FAIR WOULD ESTABLISH THEIR OWN RESERVE AT THE RATE OF $10, 000 EACH YEAR; SUNSET THIS PROPOSAL IN FIVE YEARS, OR AT LEAST REVIEW IT TO SEE IF THE $50,000 NEST EGG IS SET ASIDE; NON-PROFIT CORPORATION STATUS FOR THE FAIR; AND THAT THEY ENTER THE PUBLIC EMPLOYEES RETIREMENT SYSTEM AS A SEPARATE ENTITY. M S VoTE: 1 Y 2 Y 3 Y 4 Y 5 Y(Unanimously Carried) Page 80 March 10, 1992 March 10. 1992 92-98 Proposed redistribution of sales tax. (764) MOTION: MOVE TO HAVE THE ADMINISTRATIVE OFFICE DEVELOP A RESOLUTION OF THIS BOARD REQUESTING THAT OUR LEGISLATORS INTRODUCE A BILL TO CHANGE THE METHOD OF SALES TAX REIMBURSEMENT TO LOCAL ENTZTIES FROM POINT OF SALE TO POPULATION WITH COPIES TO APPROPRIATE AGENCIES. THE RESOLUTION TO INCLUDE A 10,000 POPULATION THRESHOLD TO MITIGATE THE DEVASTATING IMPACT ON SMALL INCORPORATED CITIES. S M VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y(Unanimously Carried) (SUPERVISOR MC LAUGHLIN NOT PRESENT) 92-99 Closed hearing - Rolls, Anderson & Rolls on behalf of Gene F. Camp - consideration of an appeal of the Subdivision Violation Committee's condition (verify legal access to the parcel from a publicly maintained road in compliance with Chapter 20, Section 124 of the Butte County Code) on a conditional Certificate of Compliance, AP 07-02-117 and 119, one lot, property located 800 feet west of Cohasset Road, North Chico Area. (1456) (NO ACTION TAKEN - THE HEARZNG TO BE REPUBLISHED WHEN APPROPRIATE) (SUPERVISOR MC LAUGHLIN PRESENT) 92-l0o Consideration of a request to place the utility user tax on the ballot. (1550) MOTION: MOVE TO PLACE THE UTILITY USER TAX ON THE N4VEMBER, 1992 BALLAT AS AN ADVISORY MEASURE. S M VOTE: 1 N 2 N 3 N 4 Y 5 Y(Motion Failed) RECESS: 10:19 A.M. RECONVENE: 10:25 A.M. RECESS: 10:25 A.M. RECONVENE: 10:35 A.M. (SUPERVISOR MC LAUGHLIN NOT PRESENT) Page 81 March 10, 1992 March 10, 1992 92-101 Public hearing - Brian and Patricia Robinson - consideration of an application for cancellation of a Land Conservation Act Contract, withdrawal of 24.8 acres leaving a 19.45 acre parcel under contract (proposed negative declaration regarding environmental impactj, 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. (2389) MOTION: MOVE TO ACCEPT THE COMMITTEE'S RECOMMENDATION, AND DENY THE APPLICATION FOR IMMEDIATE CANCELLATION. M VOTE: 1 2 3 4 NP 5(Motion Dies for Lack of Second) MOTION: MOVE FOR A MOTION OF INTENT TO APPROVE THE CANCELLATION BASED UPON THE FINDING THAT THE CANCELLATION IS CONSISTENT WITIi THE PURPOSES OF THE WILLIAMSON ACT. S M VOTE: 1 N 2 Y 3 Y 4 NP 5 Y(Motion Carried) 92-102 Public hearing - Kent Jessen - consideration of an appeal of the Advisory Agency's approval of the Forrest Young tentative subdivision map (proposed negative declaration with environmental mitigations), AP 43-61-21, eight lots, property located on the northerly side of West 12th Avenue approximately 550 feet east of Tiffany Way, Chico area - action requested - OPEN HEARING AND CONTINUE OPEN TO APRIL 7, 1992 AT 10:00 A.M. (2645) (HEARING OPENED AND CONTINUED OPEN TO APRIL 7, 1992 AT 10:00 A.M.) 92-103 Public hearing - Gordon Shields, Sierra West - abandonment of three foot public utility easement, lots 35 and 36, Indian Meadows Subdivision, Unit No. 2, and six foot public utility easement, lots 6 and 7, Schott 5ubdivision, AP 66-42-4 and 5, AP 66-51-23 and 24, Magalia - action requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (2686) MOTION: MOVE TO ADOPT RESOLUTION THE CHAIR TO SIGN. S M VOTE : 1 Y 2 Y 3 Y 4 NP 5 Y (SUPERVISOR MC LAUGHLIN PRESENT) Page 82 92-28 AND AUTHORIZE (Unanimously Carried) March 10, 1992 March 10, 1992 92-104 Presentation of Draft Congestion Management Program by JRx Transportation Engineering. (2750) (**oo) (PRESENTATION BY JOHN REPLINGER, JRH TRANSPORTATZON ENGINEERING, OF THE DRAFT CONGESTION MANAGEMENT PROGRAM} 92-105 CLOSED SESSION: The Board recessed at 10:53 a.m. for the purpose of potential litigation pursuant to Government Code Section 54956.9(c) (Stuart, et al. v. County of Butte, et al.), meet and confer, and a personnel matter. RECONVENE: The Board reconvened for Public Comment prior to closed session. 92-106 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. (90} 1. Jerry Holcomb, Oroville - commencing August 13, 1991 he filed three reports with the Sutte County Grand Jury and has not been advised of the results of that report, and he feels the Board should became more accessible and encourages public comment on the agenda as today. 92-107 CLOSED SESSION: The Board recessed at 11:00 a.m. for the purpose of potential litigation pursuant to Government Code Section 54956.9(c) (Stuart, et al. v. County of Butte, et al.), meet and confer, and a personnel matter. RECONVENE: The Board reconvened at 12:17 p.m. following a closed session for the purpose of potential litigation pursuant to Government Code Section 54956.9(c) (Stuart, et. al. v. County of Butte, et. al.), meet and confer, and a personnel matter. (NO ANNOUNCEMENTS) 92-108 Update by Acting Chief Administrative Officer on Sacramento/legislative activities. (NO ACTION TAKEN) Page 83 March 10, 1992 ~ March 10, 1992 92-109 Communications Communications received and referred. (COPIES OF ALL COMMUNICATIONS ARE AVAILABLE IN THE CLERK OF THE BOARD OFFICE.) a. Dennis Letl, Chair, Northern District, State Department of Water Resources - notifies the Board of the findings of a Community Assistance Visit to Butte County on January 15, 1992 to discuss the County's administration of its Flood Hazard Prevention regulations (Articles I and IV of Chapter 26 of the Butte County Codej - action requested - REFER TO ACTING CHIEF ADMINISTRATIVE OFFICER. b. Bartig, Basler & Ray, certified public accountants - submit an addendum to Note 5 on page 37 of the County's Single Audit Report for the year ended June 30, 1991 to include two Victim/Witness programs administered by the County - action requested - REFER TO THE AUDITOR-CONTROLLER. c. Harold M. Brafford, Superintendent, United States Department of the Interior, Bureau Indian Affairs - requesting information and c~mments regarding an application for acquisition of land within Butte County by the United States to be held in trust for the benefit of the Mooretown Rancheria - action requested - REFER TO COUNTY COUNSEL. ADJOURNMENT: There being nothing further before the Board at this time, the Board meeting was adjourned at 12:17 p.m. to reconvene on Monday, March 16, 1992 at 9:00 a.m. , (~ ~. \ \ ~'i ATTEST: STARLYN BROWN, ,~cting Chie~d~nistrative Officer and lerk of the Board of Supervisors gy : n~ C~ Page 84 March 10, 1992