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HomeMy WebLinkAboutM031197BOARD OF SUPERVISORS Minutes R. J. REELER, 1st District JANE DOIJW, 2nd District MARY ANNE HOUX 3rd District CURT JOSIASSEN, 4th District FRED C. DAMS, 5th District March 11, 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 - Pastor George Lawrence, Jr., Foothill Community Church, Oroville. 97-76 Items removed from the Consent Agenda for Board consideration and action. 1. Adoption 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 - ADOPT ORDINANCE AND AUTHORIZE THE CHAIR TO SIGN. (FROM 2-25-97) Page 75 March 11, 1997 .-. r1 March 11, 1997 97-76 2. Introduction of a salary ordinance amendment and removal of the hiring freeze on seven Correctional Officer positions. The salary ordinance amendment converts three vacant Correctional Officer positions to one Correctional Lieutenant and two Correctional Sergeant positions. Cost to the Sheriff's Department budget for fiscal year 1996-97 is $114,201, using $39,010 from Appropriations for Contingencies and $75,191 of State Citizens Option for Public Safety (COPS) funds - action requested: A. RELEASE THE FREEZE ON SEVEN CORRECTIONAL OFFICER POSITIONS CURRENTLY AUTHORIZED BUT UNFUNDED ; B. APPROVE BUDGET TRANSFER B-151 IN THE AMOUNT OF $114,201; AND C. WAIVE READING OF THE ORDINANCE. 3. Introduction of a salary ordinance amendment - as a result of the Board's acceptance and allocation on February 25, 1997 of unanticipated revenue from the State of California, the Personnel Department has been requested to prepare a salary ordinance amendment adding fourteen positions of Social Worker III, II; two positions of Social Worker I; one position of Welfare Program Manager; and three positions of Office Assistant III, II, I to the Welfare Department's Administration/Greater Avenues for Independence (GAIN) budget units - action requested - WAIVE READING OF THE ORDINANCE. Consent Agenda 97-77 1. Approval of minutes - action requested - APPROVE MINUTES OF FEBRUARY 25, 1997, 2. Budget transfers - action requested - APPROVE BUDGET TRANSFERS B-144 (COUNTY CLERK-RECORDER), 8- 145 (LIBRARYILITERACY), B-146 (FARM AND HOME ADVISOR), B-198 (PROBATION}, AND B-149 (BOARD OF SUPERVISORS.) Page 76 March 11, 1997 .-~. ~ March 11, 1997 97-77 3. County Library donations - in accordance with Government Code Section 25355, donations of $10,000 from Discovery Shoppe Leaque, Inc., Chico, $1,100 from Chico Friends of the Library, and $100 from Mr. and Mrs. L. R. Carroll, Redding have been received for the Butte County Trust Fund for the purchase of books - action requested - ACCEPT DONATIONS AND AUTHORIZE LETTERS OF APPRECIATION. 4. Agricultural Department - the State Department of Food and Agriculture has announced that the Butte County Agricultural Department will receive $131,129.67 of unanticipated revenue from unclaimed gas tax (RC 4514003) allocation. The Department requests that $98,800 be appropriated for one time expenditures with $32,329.67 remaining as unallocated revenue to enhance General Fund carryover for fiscal year 1997-98. By appropriating a portion of this unanticipated revenue for one-time agricultural program expenditures, the anticipated revenue of allocated unclaimed gas tax for fiscal year 1997-98 will remain more constant - action requested - APPROVE BUDGET TRANSFER B-147 ACCEPTING AND ALLOCATING UNANTICIPATED REVENUE OF $98,800 TO AUGMENT EXTRA HELP/BENEFITS $2,500, SERVICES/SUPPLIES $19,200, AND AUTHORIZE PURCHASE OF NINE COMPUTERS AT $22,700; TWO PRINTERS AT $1,200, GIS-HARDWARE AND SOFTWARE AT $7,000, ONE LAPTOP COMPUTER AT $2,200; ONE COMPACT SEDAN AT $17,000; ONE TRUCK (6 CYLINDER) AT $16,000; AND ONE TRUCK (4 CYLINDER) AT $13,000/TOTAL AMOUNT OF $77,100. 5. Fire Department - Board authorization is requested to purchase a double trailer at a cost of approximately $1,200 (Drowning Accident Rescue Team [DART]) to transport two personal water craft obtained at no County cost through the Government Loan Program. The water craft will be used for water rescues - action requested - APPROVE BUDGET TRANSFER B-150 AND PURCHASE OF FIXED ASSET ITEM. Page 77 March 11, 1997 March 11, 1997 97-7? 6. Probation Department - Board authorization is requested for the purchase of two 32 channel hand held radio transceivers and related equipment at an approximate cost of $1,650 (Department budget) for use by probation officers working in the Butte Anti-Drug Special Supervision (BASS) Unit - action requested - APPROVE BUDGET TRANSFER 8-152, AND PURCHASE OF FIXED ASSET ITEMS. 7. Sheriff's Department - Board authorization is requested for the purchase of a facsimile machine at an estimated cost of $1,818, and a laser jet printer at an estimated cost of $1,929 for the Department's Records and Identification Bureau (total cost of $3,747/Department budget} - action requested - AUTHORIZE PURCHASE OF FIXED ASSET ITEMS. 8. Treasurer-Tax Collector - Board authorization is requested for the purchase of an enhancement to the department's new microfilmer (in the maximum amount of $875/Department budget), which improves the feeding ability of the machine to accept various size checks and documents and is specifically designed for high volume users such as counties - action requested - APPROVE BUDGET TRANSFER B-143 AND PURCHASE OF FIXED ASSET ITEM. Page 78 March 11, 1997 March 11, 1997 97-77 9. Public Works Department-Solid Waste Program (AB 939) A. Introduction of a salary ordinance amendment to create a new classification of Recycling Coordinator at salary range 1191 (equal to Civil Engineering-Junior), to create a new classification of Recycling Coordinator II at salary range 1221 (equal to Civil Engineering- Assistant), and the addition of one flexibly staffed position of Recycling Coordinator II, I (approved in the final adopted budget) - action requested - WAIVE READING OF THE ORDINANCE; AND B. The Board has requested that it be informed as to the continuing need for the position of Recycling Coordinator in the future as well as additional changes to the Solid Waste Program - action requested - ADOPT RESOLUTION 97-27 PROVIDING FOR A REPORT ON THE POSITION, SPECIFICALLY, AND ON THE PROGRAM, GENERALLY, BY THE PUBLIC WORKS DEPARTMENT AND THE ADMINISTRATIVE OFFICE SUCH THAT IT MAY BE CONSIDERED FOR THE FISCAL YEAR 1999-2000 BUDGET AND AUTHORIZE THE CHAIR TO SIGN. 10. Resolution proclaiming the week of March 9-15, 1997 as "Employ the Older Worker Week" - action requested - ADOPT RESOLUTION 97-28 AND AUTHORIZE THE CHAIR TO SIGN. 11. Resolution proclaiming March, 1997 as National Social Worker Month in Butte County - action requested - ADOPT RESOLUTION 97-29 AND AUTHORIZE THE CHAIR TO SIGN. 12. Contract change order (CCO) no. 1 for phase 2 construction, Septage Pond No. 2, Neal Road Landfill County Project No. 758-96-1 - CCO no. 1 provides payment to the contractor for material on hand - action requested - APPROVE CCO NO. 1 AND AUTHORIZE THE CHAIR TO SIGN. Page 79 March 11, 1997 March 11, 1997 97-77 13. State of California - Board approval is requested by the County's Alcohol, Drug and Mental Health Services (BCADMHS) to participate in the fiscal year 1996-97 Small County Emergency Risk Pool (Welfare and Institutions Code Section 5778.) The statute requires the funds to be used to reimburse mental health plans in small counties for the cost of inpatient psychiatric services in excess of the funding provided to the mental health plan for risk insurance, acute inpatient psychiatric services and associated administrative days, or for costs associated with administration of the moneys - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. 14. Butte County Office of Education (BCOE)/Probation Department - proposed is a memorandum of understanding (MOU) to implement a drug suppression program in the Oroville High School District. The Probation Department will fulfill its obligation under this MOU by providing a probation officer who will provide suppression activities and work in partnership with staff at individual school sites. BCOE has agreed to coordinate suppression activities at selected Oroville school sites and to provide $17,000 (100$ State) to the County as compensation for the probation officer - action requested - APPROVE MEMORANDUM OF UNDERSTANDING AND AUTHORIZE THE CHIEF PROBATION OFFICER TO SIGN ON BEHALF OF THE COUNTY SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. 15. Juvenile Crime Enforcement Demonstration Project Grant (a three year grant) - the Juvenile Justice Coordinating Council proposes a grant application, endorsed by the Butte County Children's Coordinating Committee, which is centered around the development of a Juvenile Day Hall which would provide a comprehensive, year round, school-based treatment program for minors - action requested - APPROVE GRANT APPLICATION TO THE CALIFORNIA BOARD OF CORRECTIONS, AND ADOPT RESOLUTION 97-30 AUTHORIZING THE CHIEF PROBATION OFFICER TO SIGN THE APPLICATION AND RELATED CONTRACTS, AMENDMENTS, OR EXTENSIONS AND AUTHORIZE THE CHAIR TO SIGN. Page 80 March 11, 1997 ~ ~. March 11, 1997 97-77 16. 1996-97 Master Grant Agreement - State Department of Health Services - under terms of the amendment to the agreement (no. 96-25637), the State will provide an additional $25,000 (100$ State) in funds to cover additional HIV testing within Butte County during the 1996-97 fiscal year - action requested - APPROVE AMENDMENT (N0. A1) TO AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. 17. State Department of Health Services (no. 96- 26213) - under the terms of the agreement, the State will provide 100$ State funds for prevention, education and case management services for identified lead poisoned children. The term of the agreement is July 1, 1996 through June 30, 1997 in the maximum amount of $15,889 - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. 18. Therapist services - Monica Schwartz, Terri Johnson and Teresa Wood-Hansen - proposed are amendments to agreements for the provision of physical and occupational therapy services to children eligible for the California Children Services (CCS) Program, which are necessary to reflect the projected utilization of services through June 30, 1997. The amendments increase the maximum amount payable under the agreements for Monica Schwartz (contract no. X10139) from $35,000 to $40,000; Terri Johnson (contract no. X10112) from $35,000 to $45,000; and Teresa Wood-Hansen (contract no. X10138) from $36,000 to $44,000 (25$ realignment/50~ State/25~ County} - action requested - APPROVE AMENDMENTS TO AGREEMENTS AND AUTHORIZE THE CHAIR TO SIGN. Page 81 March 11, 1997 ~. ~ March 11, 1997 97-77 19. Neal Road Landfill - Prohibited Waste Control Program - on February 13, 1996 the Board approved a proposal from the Neal Road Landfill Company to implement the Prohibitive Waste Control Program at the landfill, as required by State and Federal regulations, for a one year period at a total cost of $52,500. The Neal Road Landfill Company has proposed to provide the same services for an extended time period through December 31, 1998 at the same annualized cost of $52,500 per year - action requested - APPROVE LETTER PROPOSAL AND AUTHORIZE THE DIRECTOR-PUBLIC WORKS TO DIRECT THE NEAL ROAD LANDFILL COMPANY TO PROCEED WITH THE WORK AT A COST NOT TO EXCEED $100,625 (NEAL ROAD LANDFILL MANAGEMENT FUND) FOR THE PERIOD OF FEBRUARY 1, 1997 THROUGH DECEMBER 31, 1998. (X10476) 20. 1997 California State Fair - Counties Exhibits Entry Form - Board approval is requested for appointment of the Butte County 4-H Council (Barbara Meade, 4-H Program Representative) as official representative of the County responsible for the County exhibit - action requested - APPROVE COUNTIES EXHIBITS ENTRY FORM AUTHORIZATION AND APPOINTMENT AND AUTHORIZE THE CHAIR TO SIGN. MOTION: I MOVE TO APPROVE THE CONSENT AGENDA WITH THE REMOVAL OF ITEMS 3.09, 3.11 AND 3.12. M S VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) Page 82 March 11, 1997 ,~ March 11, 1997 Regular Agenda 97-78 Items removed from the Consent Agenda for Board consideration and action. 1. Adoption 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 - ADOPT ORDINANCE AND AUTHORIZE THE CHAIR TO SIGN. (FROM 2-25-97) (97) MOTION: I MOVE TO ADOPT ORDINANCE 3323 AND AUTHORIZE THE CHAIR TO SIGN. M S VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) 2. Introduction of a salary ordinance amendment - as a result of the Board's acceptance and allocation on February 25, 1997 of unanticipated revenue from the State of California, the Personnel Department has been requested to prepare a salary ordinance amendment adding fourteen positions of Social Worker III, II; two positions of Social Worker Supervisor I; one position of Welfare Program Manager; and three positions of Office Assistant III, II, I to the Welfare Department's Administration/Greater Avenues for Independence (GAIN) budget units - action requested - WAIVE READING OF THE ORDINANCE. (490) MOTION: I MOVE TO CORRECT ORDINANCE TO REFLECT TWO POSITIONS OF SOCIAL WORKER SUPERVISOR I, AND WAIVE READING OF THE ORDINANCE. S M VOTE: 1 N 2 Y 3 Y 4 Y 5 Y (Motion Carried) Page 83 March 11, 1997 March 11, 1997 97-78 3. Introduction of a salary ordinance amendment and removal of the hiring freeze on seven Correctional Officer positions. The salary ordinance amendment converts three vacant Correctional Technician positions to one Correctional Lieutenant and two Correctional Sergeant positions. Cost to the Sheriff's Department budget for fiscal year 1996-97 is $114,201, using $39,010 from Appropriations for Contingencies and $75,191 of State Citizens Option for Public Safety (COPS) funds - action requested: A. RELEASE THE FREEZE ON SEVEN CORRECTIONAL OFFICER POSITIONS CURRENTLY AUTHORIZED BUT UNFUNDED ; B. APPROVE BUDGET TRANSFER B-151 IN THE AMOUNT OF $114,201; AND C. WAIVE READING OF THE ORDINANCE. MOTION: I MOVE TO CORRECT ORDINANCE TO REFLECT "THREE VACANT CORRECTIONAL TECHNICIAN POSITIONS", AND WAIVE READING OF THE ORDINANCE. S M VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) Page 84 March 11, 1997 March 11, 1997 97-79 Appointments - commissions and committees. A. Appointments to committee vacancies. (791) B. Butte County Water Commission (restructured) - action requested - APPOINTMENT OF TWO AT LARGE MEMBERS (ONE LANDOWNER SERVED BY DISTRICT WATER AND ONE LANDOWNER SERVED BY PRIVATE WELL) TO TERMS TO EXPIRE MARCH 1, 1999, AND TWO AT LARGE MEMBERS (ONE LANDOWNER SERVED BY DISTRICT WATER AND ONE LANDOWNER SERVED BY PRIVATE WELL) TO TERMS TO EXPIRE MARCH 1, 2001. (839) MOTION: I MOVE TO APPOINT LARRY PATANE/2 YEAR TERM AND RICHARD STORM/4 YEAR TERM TO FILL THE TWO LANDOWNERS SERVED BY DISTRICT WATER POSITIONS, RND PETER D. PETERSON/2 YEAR TERM AND GEORGE E. WASHINGTON/4 YEAR TERM TO FILL THE TWO LANDOWNERS SERVED BY PRIVATE WELLS POSITIONS. M VOTE: 1 2 3 4 5 (Motion dies/lack of second) MOTION: I MOVE TO APPOINT LARRY PATANE/2 YEAR TERM AND RICHARD STORM/4 YEAR TERM TO FILL THE TWO LANDOWNERS SERVED BY DISTRICT WATER POSITIONS, AND PETER D. PETERSON/2 YEAR TERM AND MARK KIMMELSHUE/4 YEAR TERM TO FILL THE TWO LANDOWNERS SERVED BY PRIVATE WELLS POSITIONS. S M VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) RECESS: 10:10 A.M. RECONVENE: 10:25 A.M. Page 85 March 11, 1997 March 11, 1997 Regular Agenda 97-80 Resolutions commending Leslie L. Frye and Rolando B. Vallarama, California Department of Social Services, Office of Child Support, for their assistance and support to the District Attorney's Family Support Division over the past five years in improving the County's Child Support Enforcement Program - action requested - ADOPT RESOLUTIONS AND AUTHORIZE THE CHAIR TO SIGN. (2025) MOTION: I MOVE TO ADOPT RESOLUTIONS 97-31 AND 97-32 AN AUTHORIZE THE CHAIR TO SIGN. S M VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) (CHAIR DAVIS PRESENTED THE RESOLUTIONS, ON BEHALF OF THE BOARD, TO LESLIE L. FRYE AND ROLANDO B. VALLARAMA, CALIFORNIA DEPARTMENT OF SOCIAL SERVICES, OFFICE OF CHILD SUPPORT) 97-81 Resolution Declaring March 16-22, 1997 as National Agriculture Week and March 20, 1997 as National Agriculture Day - action requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (2514) MOTION: I MOVE TO ADOPT RESOLUTION 97-33 AND AUTHORIZE THE CHAIR TO SIGN. M S VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) Page 86 March 11, 1997 ~ ~ March 11, 1997 97-82 Implementation of Measure G - the County is currently in the process of implementing the provisions of Measure G, which include establishing a sub-unit for water management under the Butte County Health Department to protect and monitor groundwater resources in Butte County. Outside interests have suggested that the County should re-evaluate the department in which the water sub-unit resides - action requested - GIVE STAFF DIRECTION RESOLVING THIS ISSUE. (2862) (**00) MOTION: I MOVE TO REQUEST THAT THE BUTTE COUNTY WATER COMMISSION 1) MAKE A RECOMMENDATION TO THE BOARD AS TO WHERE THE WATER SUB-UNIT SHOULD BE LOCATED; 2) ADVISE ON STAFFING NEEDS FOR THE WATER SUB-UNIT; AND 3) DEVELOP A RECOMMENDATION FOR TECHNICAL ADVISORY COMMITTEE NOMINATIONS FOR BOARD CONSIDERATION. (THE BOARD WILL CONSIDER THE COMMISSION'S RECOMMENDATIONS AT ITS MEETING OF MAY 13, 1997.) M S VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) (COUNTY COUNSEL TO CLARIFY WHETHER OR NOT RESIDENCY WITHIN A SUPERVISORIAL DISTRICT IS A REQUIREMENT OF BOARD APPOINTMENTS) Page 87 March 11, 1997 March 11, 1997 Public Hearings and Timed Items 97-83 Public hearing - consideration of: A. Close out of Planning and Technical Assistance Grant No. 95-STBG-954 under the Small Cities Community Development Block Grant Program. Funds were used to 1) Prepare a revitalization strategy for Chapmantown; 2) Prepare preliminary site plans for a Chapmantown Community Center; and 3) Prepare a grant application.; and B. Close out of Planning and Technical Assistant Grant No. 95-EDBG-349 under the Small Cities Community Development Block Grant Program. Funds were used for the preparation of a preliminary Industrial Lands Inventory and Development Plan, which shall principally benefit targeted income group families. Action requested - AUTHORIZE THE CHIEF ADMINISTRATIVE OFFICER TO SIGN THE CERTIFICATES OF COMPLETION ON BEHALF OF THE COUNTY. (174) MOTION: I MOVE TO AUTHORIZE THE CHIEF ADMINISTRATIVE OFFICER TO SIGN THE CERTIFICATES OF COMPLETION ON BEHALF OF THE COUNTY. M S VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) 97-84 Public hearing - Bruce Roe - consideration of a rezone (item on which a negative declaration regarding environmental impacts has been recommended) on APN 048- 010-074, a 70.3 acre parcel and a two acre + portion of APN 048-010-075 from A-40 (Agricultural - 40 acre parcels) to A-20 (Agricultural - 20 acre parcels), property located on the southeast corner of Diesel Lane and Vispera Drive, east of the Chico Municipal Airport - action requested - STAFF RECOMMENDS THAT THE BOARD ACCEPT THE RECOMMENDATION OF THE PLANNING COMMISSION AND ADOPT AN ORDINANCE APPROVING THE REZONING FOR BRUCE ROE ON APN 048-010-074 AND 075, SUBJECT TO ENVIRONMENTAL FINDINGS A- C; GENERAL PLAN AND ZONING FINDING A; AND ACTION FINDINGS A AND B (MEMORANDUM DATED FEBRUARY 26, 1997.) (292) MOTION: I MOVE FOR A MOTION OF INTENT TO DENY THE REZONE APPLICATION. (FOR CONSIDERATION OF THE BOARD AT ITS MEETING OF APRIL 8, 1997) S M VOTE: 1 N 2 Y 3 Y 4 Y 5 N (Motion Carried) Page 88 March 11, 1997 ~. ~-. March 11, 1997 Regular Agenda 97-85 Presentation to the Board of 1996 California State Fair Counties Exhibit Award. (1493) (Presentation to the Board of the 1995 and 1996 Counties Exhibit Plaques by Barbara Meade, 4-H Program Representative) 97-86 Public Workshop/Proposition 204 - the Agricultural Commissioner, Supervisor Houx, Supervisor Josiassen and representatives from various County departments have met to discuss the availability of funds through Proposition 204. As a group, they are proposing to the Board of Supervisors that the County conduct a Public Workshop to discuss Butte County watershed issues - action requested - APPROVE ANNOUNCEMENT OF A PUBLIC WORKSHOP FOR WEDNESDAY, MARCH 19, 1997 FROM 1:00 P.M. TO 4:00 P.M. AT THE CHICO CITY COUNCIL CHAMBERS, AND DETERMINE IF THE BOARD OR WATER COMMISSION SHOULD HOST THE PUBLIC WORKSHOP. (1552) MOTION: I MOVE TO APPROVE ANNOUNCEMENT OF A PUBLIC WORKSHOP FOR WEDNESDAY, MARCH 19, 1997 FROM 1:00 P.M. TO 4:00 P.M. AT THE CHICO CITY COUNCIL CHAMBE RS AND SPONSORED BY THE BOARD OF SUPERVISORS. M S VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) 97-87 Proposition 218/County Services Areas: A. Adopt a resolution determining county service area charges to be existing fees and assessments and setting a public hearing to consider levying such charges for fiscal year 1997-98 in an amount not to exceed the existing amount - action requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN AND SET A PUBLIC HEARING FOR TUESDAY, APRIL 22, 1997 AT 10:00 A.M..; AND MOTION: I MOVE TO CONTINUE THIS ITEM FOR CONSIDERATION AT THE BOARD'S MEETING OF MARCH 25, 1997. S M VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) (Continued on page 90) Page 89 March 11, 1997 March 11, 1997 97-87 B. Resolution 97-26 (adopted March 4, 1997) directing commencement of the procedures necessary to impose new incremental service charges in the specified county service areas in compliance with the procedural requirements of Article XII D, Section 6, as enacted by Proposition 218, and setting a public hearing to consider the imposition of such incremental charges for fiscal year 1997-98 - action requested - ADOPT REVISED RESOLUTION AND SET A PUBLIC HEARING FOR TUESDAY, APRIL 22, 1997 AT 10:00 A.M. (1780) MOTION: I MOVE TO ADOPT REVISED RESOLUTION 97-34 AND SET A PUBLIC HEARING FOR TUESDAY, APRIL 22, 1997 AT 10:00 A.M. M S VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) 97-88 Straw-Bale Building Regulations - AB 1314 (Sher) - action requested: A. DIRECT THE BUILDING DIVISION TO DEVELOP A STRAW- BALE WALL CONSTRUCTION POLICY THROUGH THE DEVELOPMENT OF STRAW-BALE WALL SPECIFICATIONS PATTERNED ON SONOMA COUNTY'S SPECIFICATIONS. THE POLICY WILL ALLOW CONSTRUCTION OF ONE STORY NON- BEARING INFILL TYPE WALL CONSTRUCTION FOR SINGLE FAMILY DWELLINGS AND ACCESSORY BUILDINGS IN ACCORDANCE WITH 1994 UBC PROVISIONS FOR ALTERNATE MATERIALS, ALTERNATE DESIGN AND METHODS OF CONSTRUCTION. (SECTION 104.2.8); AND B. DIRECT THAT THE BUILDING CODE BOARD OF APPEALS BE USED AS A REVIEW BOARD FOR DEVELOPMENT OF THE STRAW-BALE WALL SPECIFICATIONS. (2790) (CHAIR DAVIS NOT PRESENT/CHAIR DAVIS PRESENT) (Continued on Page 91) Page 90 March 11, 1997 March 11, 1997 97-88 MOTION: I MOVE TO A. DIRECT THE BUILDING DIVISION TO DEVELOP A STRAW-BALE WALL CONSTRUCTION POLICY THROUGH THE DEVELOPMENT OF STRAW-BALE WALL SPECIFICATIONS PATTERNED ON SONOMA COUNTY'S SPECIFICATIONS. THE POLICY WILL ALLOW CONSTRUCTION OF ONE STORY NON-BEARING INFILL TYPE WALL CONSTRUCTION FOR SINGLE FAMILY DWELLINGS AND ACCESSORY BUILDINGS IN ACCORDANCE WITH 1994 UBC PROVISIONS FOR ALTERNATE MATERIALS, ALTERNATE DESIGN AND METHODS OF CONSTRUCTION (SECTION 104.2.8); AND B. DIRECT THAT THE BUILDING CODE BOARD OF APPEALS BE USED AS A REVIEW BOARD FOR DEVELOPMENT OF THE STRAW-BALE WALL SPECIFICATIONS. S M VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) 97-89 A HEARING UPON WHICH A PUBLIC HEARING HAS PREVIOUSLY BEEN HELD - Shirley Shannon - consideration of an appeal of the Planning Commission's denial of a use permit (item determined to be categorically exempt from environmental review) to allow a bed and breakfast home with three guest rooms and related activities including wedding receptions, private parties, anniversaries, and seasonal events, in an existing residential on 6.1 acres of land zoned "U" (Unclassified), property located at the end of Autumn Lane on the east side of Highway 32, identified as AP 056-390-029, approximately 11 miles northeast of Chico - action requested - SUBJECT TO ENVIRONMENTAL FINDING A, AND ZONING ORDINANCE FINDINGS A.1, A.2 AND A.3, MOVE TO DENY THE APPEAL AND THE USE PERMIT FOR SHIRLEY SHANNON ON AP 056-390-029 TO ALLOW A BED AND BREAKFAST HOME WITH UP TO THREE GUEST ROOMS. (860) MOTION: I MAKE A MOTION OF INTENT TO GRANT THE APPEAL AND APPROVE THE USE PERMIT FOR A THREE GUEST ROOM BED AND BREAKFAST. M S VOTE: l Y 2 N 3 N 4 Y 5 N (Motion Failed to Carry) MOTION: I MOVE TO ADOPT ENVIRONMENTAL FINDING A; ZONING ORDINANCE FINDINGS A.1, A.2 AND A.3, AND TO DENY THE APPEAL AND THE USE PERMIT FOR SHIRLEY SHANNON ON APN 056-390-029 TO ALLOW A BED AND BREAKFAST HOME WITH UP TO THREE GUEST ROOMS. S M VOTE: 1 N 2 Y 3 Y 4 N S Y (Motion Carried) Page 91 March 11, 1997 March 11, 1997 97-90 Sheriff-Coroner - Air Rescue and Drug Interdiction Program: A. DECLARE SURPLUS FIVE (SERIAL NO. 70-15621/COUNTY ASSET NO. 24367; 71-20597/24368; 71-70822/24369; 72-21118/24156; AND 72-21411/24155)OH-58 HELICOPTERS AND AUTHORIZE GENERAL SERVICES TO CONDUCT THE SALE BY SEALED BID AT A MINIMUM BID AMOUNT OF $84,000 EACH; AND B. AUTHORIZE THE SHERIFF-CORONER TO USE THE PROCEEDS OF THE SALE TO PURCHASE A REPLACEMENT BELL 206 B-3 HELICOPTER AND RELATED EQUIPMENT UP TO THE AMOUNT OF THE NET PROCEEDS OF THE SURPLUS SALE (MAXIMUM PURCHASE PRICE INCLUDING TAX OF $420,000.) (1420) MOTION: I MOVE TO A. DECLARE SURPLUS FIVE (SERIAL N0. 70-15621/COUNTY ASSET NO. 24367; 71- 20597/24368; 71-70822/24369; 72-21118/24156; AND 72-21411/24155)OH-58 HELICOPTERS AND AUTHORIZE GENERAL SERVICES TO CONDUCT THE SALE BY SEALED BID AT A MINIMUM BID AMOUNT OF $84,000 EACH; AND B. AUTHORIZE THE SHERIFF- CORONER TO USE THE PROCEEDS OF THE SALE TO PURCHASE A REPLACEMENT BELL 206 B-3 HELICOPTER AND RELATED EQUIPMENT UP TO THE AMOUNT OF THE NET PROCEEDS OF THE SURPLUS SALE (MAXIMUM PURCHASE PRICE INCLUDING TAX OF $420,000.) M S VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) 97-91 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.) (NONE) Page 92 March 11, 1997 March 11, 1997 Regular Agenda 97-92 Update on Sacramento legislative and budget activities. A. County Financing: Trial Courts and General Assistance - action requested - AUTHORIZE CHAIR TO SIGN LETTER RESPONDING TO SENATOR JOHANNESSEN'S RECENT LETTER CONCERNING TRIAL COURT FINANCING AND GENERAL ASSISTANCE. (1455) MOTION: I MOVE TO AUTHORIZE CHAIR TO SIGN LETTER RESPONDING TO SENATOR JOHANNESSEN'S RECENT LETTER CONCERNING TRIAL COURT FINANCING AND GENERAL ASSISTANCE. S M VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) 97-93 CLOSED SESSION: The Board recessed at 1:15 p.m. to reconvene at 2:15 p.m. for a closed session conference with legal counsel for actual litigation pursuant to Government Code Section 54956.9(a) (Mark and Don Edwards v. County of Butte), a conference with counsel for potential litigation pursuant to Government Code Section 54956.9(c) (One Potential Case), and a conference with labor negotiator pursuant to Government Code Section 54957.6 (Agency negotiator: Director-Personnel; Employee organizations: Butte County Employees Association; Butte County Management Employees Association; Social Services Workers Unit; and Butte County Law Enforcement Officers Association (General Unit and Management-Supervisory Unit.) (Continued on Page 94) Page 93 March 11, 1997 March 11, 1997 97-93 RECONVENE: The Board reconvened at 3:14 p.m. following a closed session conference with legal counsel for actual litigation pursuant to Government Code Section 54956.9(a) (Mark and Don Edwards v. County of Butte), a conference with counsel for potential litigation pursuant to Government Code Section 54956.9(c) (One Potential Case), and a conference with labor negotiator pursuant to Government Code Section 54957.6 (Agency negotiator: Director-Personnel; Employee organizations: Butte County Employees Association; Butte County Management Employees Association; Social Services Workers Unit; and Butte County Law Enforcement Officers Association (General Unit and Management-Supervisory Unit.) (NO ANNOUNCEMENTS) Communications 97-94 Communications received and referred. (COPIES OF ALL COMMUNICATIONS ARE AVAILABLE IN THE CLERK OF THE BOARD OFFICE. ) A. Steve A. Perez, Kern County, Chair, and Dick Dickerson, Shasta County, Vice Chair, Administration of Justice Policy Committee, California State Association of Counties (CSAC) - write to strongly urge all county supervisors -- given its potentially controversial nature -- to read and understand the Civil Grand Jury Training, Communication and Efficiency Act of 1997 (Thomson) (the bill has not yet been assigned an Assembly Bill number), and are asking each county to pass a resolution of support. (REFER TO CHIEF ADMINISTRATIVE OFFICER AND BUTTE COUNTY GRAND JURY) (Continued on Page 95} Page 94 March 11, 1997 ~ ~ March 11, 1997 97-94 B. Gerda Lydon, President, League of Women Voters of Butte County - writes to urge Board attention to the allocation of fund monies for environmental purposes available to our County through Proposition 204, passed by California voters in November, 1996. The League urges the Board to hold, as soon as feasible, an informational Workshop/Roundtable on Proposition 204. (REFER TO CHIEF ADMINISTRATIVE OFFICER, COUNTY COUNSEL, EMERGENCY SERVICES OFFICER, DIRECTOR-DEVELOPMENT SERVICES AND DIRECTOR-PUBLIC WORKS) C. William B. Stewart, Supervising Ranger, Northern Buttes District, Valley Units - sends to the Board a follow-up request for Board response to his December 1996 letter regarding the proposed Alcohol Consumption Ban at Bidwell-Sacramento River State Park (February 24, 1997 memorandum to the Board from Sheriff-Coroner Mick Grey re the proposed alcohol ban - Bidwell River Park.) D. Roger L. Payne, Executive Secretary, U.S. Board on Geographic Names - writes in reference to a request which the U.S. Board of Geographic Names has received to make official the name Butte Valley for a newly established community located in central Butte County; confirmation of information received that the small community of Pentz no longer exists; and whether the Messilla Valley School building has been demolished, or whether the school has simply been abandoned and the building still stands. (REFER TO DIRECTOR-DEVELOPMENT SERVICES, CHIEF ADMINISTRATIVE OFFICER, DIRECTOR-PUBLIC WORKS, SHERIFF-CORONER, FIRE CHIEF, AND EMERGENCY SERVICES OFFICER) E. Senior Planner Jolliffe, City of Chico - forwards a copy of the Foothill Park East Subdivision - Recirculated Draft Environmental Impact Report and Project Update for review and comment. A forty- five (45) day public review period is being conducted from March 1 to April 14, 1997. (REFER TO DIRECTOR-DEVELOPMENT SERVICES) Page 95 March 11, 1997 March 11, 1997 ADJOURNMENT: There being no further business before the Board, the meeting was adjourned at 3:15 p.m. to reconvene at a special meeting/workshop on Wednesday, March 19, 1997 at 1:00 p.m. in the City of Chico Council Chambers, 421 Main Street, Chico. ATTEST: JOHN S. BLACKLO K, Chief Administrative Officer and Clerk of a Board of Supervisors By: Page 96 March 11, 1997