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HomeMy WebLinkAboutM040897BOARD OF SUPERVISORS MINUTES R. J. BEELER, 1st District JANE DOLAN, 2nd District MARY ANNE ROUX 3rd District CURT JOSIASSEN, 4th Distric.~t FRED C. DAMS, 5th District April 8, 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 - Rev. Mert Thomas, Taylor Memorial Christian Methodist Church, Oroville. 97-116 Items removed from the Consent Agenda for Board consideration and action. 1. Exchange Programs Agreement No. X97-5912, Federal Apportionment Exchange Program and State Match Program - proposed is execution of Exchange Programs Agreement No. X97-5912, which provides for the exchange of Federal apportionment funds for a like amount of nonFederal State Highway Account Funds and the disbursement of State Matching Funds for fiscal year 1996-97. The exchange of funds enables the expenditure of the funds on projects without the need to comply with Federal and State guidelines - action requested - ADOPT RESOLUTION APPROVING AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. Page 115 April 8, 1997 April 8, 1998 97-116 2. Private Industry Council (PIC)/Blanchard Training and Development, Inc. - proposed is an agreement to provide four days of customer service and leadership training to twenty-five Private Industry Council employees. The total program fee for this training agreement is $18,350. Also proposed is a training agreement with Blanchard Training and Development, Inc. to provide a training consultant and materials for the PIC training - action requested - APPROVE B-188 ACCEPTING AND APPROPRIATING UNANTICIPATED REVENUE, APPROVE AGREEMENT WITH PRIVATE INDUSTRY COUNCIL AND AUTHORIZE THE CHAIR TO SIGN, AND APPROVE AGREEMENT WITH BLANCHARD TRAINING AND DEVELOPMENT, INC. AND AUTHORIZE THE DIRECTOR-PERSONNEL TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR- CONTROLLER. Consent Agenda 97-117 1. Approval of minutes - action requested - APPROVE MINUTES OF MARCH 19, 1997 AND MARCH 25, 1997. 2. Budget transfer - action requested - APPROVE BUDGET TRANSFER B-178 (HCD-96-STBG-1059.) 3. County Library donations - in accordance with Government Code Section 25355, donations of $325 from Mary Wrysinski Greene and Clair Greene, Chico, and $277 from Gridley Friends of the Library 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 Commissioner - the State Department of Pesticide Regulation has announced that the Butte County Agricultural Department will receive $21,872.02 of unanticipated revenue from its Pesticide Mill Assessment (ARC 4514002) allocation. The Department requests $20,000 of the unanticipated revenue be appropriated for the purchase of a mid-sized sedan to replace an existing vehicle, and $1,872.02 remaining as unallocated revenue to enhance General Fund carryover for fiscal year 1997-98 - action requested - APPROVE BUDGET TRANSFER B-181 ACCEPTING AND ALLOCATING UNANTICIPATED REVENUE AND APPROVE PURCHASE OF FIXED ASSET ITEM. Page 116 April 8, 1997 ~ ~ April 8, 1997 97-117 5. Fire Department - Board authorization is requested to purchase computer upgrades in the maximum amount of $500 with savings from budgeted computer software purchases - action requested - APPROVE BUDGET TRANSFER B-182 AND PURCHASE OF FIXED ASSET ITEMS. 6. Fire Department - Board authorization is requested to purchase a 120 watt/9 amp thermo electric generator in the maximum amount of $7,000 (Department budget) to provide backup power for the County's Command Radio Frequency and the Butte Local Net - action requested - APPROVE BUDGET TRANSFER B-187 AND PURCHASE OF FIXED ASSET ITEM. 7. Fire Department - Board authorization is requested to purchase three desktop computers, a printer and a zip drive and tapes in the total amount of $9,200 (Department budget) from existing fixed asset funds budgeted for the purchase of console furniture - action requested - DELETE CONSOLE FURNITURE FROM FIXED ASSET ALLOCATIONS APPROVED IN THE 1996-97 BUDGET, AND APPROVE PURCHASE OF FIXED ASSET ITEMS. 8. Contract Change Order (CCO) No. 3 - 7 County Center Drive Building Addition (bid no. 07-97) - CCO no. 3, in the increasing amount of $7,704.40, provides for various work modifications involving completion of the project - action requested - APPROVE CCO NO. 3 AND AUTHORIZE THE GENERAL SERVICES DIRECTOR TO SIGN. 9. Mental Health Department - Board authorization is requested to purchase a console phone ($800) and a plain paper FAX ($600) for its Oroville Outpatient Unit from existing funds budgeted for the purchase of an awning ($2, 000) - action requested - DELETE AWNING FROM FIXED ASSET ALLOCATIONS APPROVED IN 1996-97 BUDGET, APPROVE BUDGET TRANSFER B-186 APPROPRIATING $600 FROM FIXED ASSETS TO MEDICAL AND DENTAL SUPPLIES, AND PURCHASE OF FIXED ASSET ITEMS. Page 117 April 8, 1997 April 8, 1997 97-117 10. Neal Road Landfill Interim Cover Installation (County contract no. X10392) - contract change order (CCO) no. 1 - strong winds during the severe storm in January prevented completion of the interim cover installation and damaged a portion of the cover already installed, which resulted in three additional crew days being necessary to repair the damage and to complete the installation. CCO N0. 1 provides an additional $3,890 to the contractor for necessary work that was not covered by the contract - action requested - APPROVE CCO NO. 1 AND AUTHORIZE THE CHAIR TO SIGN. 11. Sheriff-Coroner - Board authorization is requested for the purchase of eight modular workstations for the Detective Squad Room remodel project {approved in the 1996-97 budget) at an estimated cost of $21,000 (including taxes, shipping, and installation) (Department budget ) - action requested - APPROVE BUDGET TRANSFER B-184 AND PURCHASE OF FIXED ASSET ITEMS. 12. Butte County Consolidated Courts - action requested - on January 24, 1997 unanticipated revenue was received from the State of California in the amount of $66,701 and deposited to Trial Court Funding, Fund 60. The funds were provided in support of the new judgeship for Butte County authorized in Chapter 162 of the Statues of 1996, and must be expended before June 30, 1997, or shall revert to the State's General Fund - action requested - APPROVE BUDGET TRANSFER B-180: A. TRANSFERRING $9,000 IN RESTRICTED UNANTICIPATED REVENUE (TRIAL COURT FUNDING) TO FIXED ASSETS ACCOUNT (240-001-563), AND APPROVE PURCHASE OF A DESKTOP PERSONAL COMPUTER, NOTEBOOK COMPUTER, PRINTER, SOFTWARE AND PERIPHERAL EQUIPMENT IN THE MAXIMUM AMOUNT OF $9,000 FOR NEW JUDGESHIP FOR BUTTE COUNTY; B. TRANSFERRING $24,800 TO SALARIES ($16,900) AND BENEFITS ($7,900) ACCOUNTS (511 AND 518) TO FUND THREE COURT CLERK POSITIONS APPROVED BY THE BOARD ON MARCH 11, 1997 IN SUPPORT OF THE NEW JUDGESHIP; AND Page 118 April 8, 1997 April 8, 1997 97-117 12. C. TRANSFERRING $3,500 FROM FIXED ASSET ACCOUNT (563) TO OFFICE EXPENSE/DATA PROCESSING SUPPLIES (535.042) FOR THE PURCHASE OF NON- FIXED ASSET ITEMS NECESSARY FOR THE JUDICIAL ADMINISTRATIVE NETWORK (JAN) APPROVED BY THE BOARD ON DECEMBER 17, 1997. 13. North Butte County Judicial District of the Butte County Consolidated Courts - pursuant to Government Code Section 25257, Board approval is requested for relief of accountability for the collection of accounts which have been delinquent in excess of one year as of December 11, 1996, in the total amount of $282,870.70. Each case has either an active warrant issued or a hold has been placed on a driver's license. The relief from accountability does not result in lost revenue to the County. The Auditor-Controller concurs with granting relief for these accounts - action requested - GRANT DISCHARGE FROM ACCOUNTABILITY PURSUANT TO GOVERNMENT CODE SECTION 25259. 14. Fire hazard abatement cost and recovery - pursuant to Article III of the Butte County Code, the Fire Department determined that a fire hazard existed on real property identified as APN 007-570-002 and 007-570-003 (Jeremiah H. Wall), and the property owner has failed to pay for the $350 cost of abatement plus the $250 cost of administration in the total amount of $600 - action requested - PURSUANT TO BUTTE COUNTY CODE SECTION 38A-26, ORDER THAT $600 IN UNPAID WEED ABATEMENT AND ADMINISTRATION COSTS BE PLACED ON THE COUNTY TAX ROLL BY THE AUDITOR-CONTROLLER AS SPECIAL ASSESSMENTS AGAINST REAL PROPERTY AS IDENTIFIED ABOVE, AND ORDER THAT A NOTICE OF ABATEMENT LIEN BE RECORDED AGAINST SAID PROPERTY. 15. County Library -Board approval is requested for a budget transfer accepting and appropriating $2,714 in unanticipated revenue from its Continuing Operations Trust Fund to the Paradise Branch, extra help for continuation of Saturday public service staff hours pursuant to an existing agreement with the Paradise Friends of the Library - action requested - APPROVE BUDGET TRANSFER B-179 ACCEPTING AND APPROPRIATING UNANTICIPATED REVENUE, AND AUTHORIZE LETTER OF APPRECIATION. Page 119 April 8, 1997 r ,~ April 8, 1997 97-117 16. Outreach and Emergency Shelter Grant - Butte County Alcohol, Drug and Mental Health Services (BCADMHS), Youth Services requests Board approval to appropriate $3,937.50 in unanticipated revenue and allocate expenditures from the City of Chico. The term of the agreement is July 1, 1996 through June 30, 1997. The maximum City of Chico contribution is $7,875 - action requested - APPROVE BUDGET TRANSFER B-185 ACCEPTING AND APPROPRIATING UNANTICIPATED REVENUE FOR SUPPORT AND CARE OF PERSONS (ACCOUNTS 541001-551054, 551053, 526201 AND 535101.) 17. Relief from Accountability: A. Resolution Rescinding Resolution 75-177 Concerning Shortages in the Absence of Fraud or Gross Negligence and Granting Relief from Accountability - action requested - ADOPT RESOLUTION 97-41 AND AUTHORIZE THE CHAIR TO SIGN; B. Pursuant to recommendations contained in audit of the Sheriff-Coroner's Prisoner Cash Fund by the Auditor-Controller, Board authorization is requested for relief from accountability in the amount of $8,269.97 - action requested - AUTHORIZE RELIEF FROM ACCOUNTABILITY PURSUANT TO GOVERNMENT CODE SECTION 29390; AND C. Pursuant to the recommendation from the Auditor-Controller (memorandum dated March 13, 1997), Board authorization is requested for relief from accountability from a $100 shortage in the Prisoner Cash Fund - action requested - AUTHORIZE RELIEF FROM ACCOUNTABILITY PURSUANT TO GOVERNMENT CODE SECTION 29390. Page 120 April 8, 1997 ~ ~ April 8, 1997 97-117 18. Tax and Revenue Anticipation Notes (IRAN) - the Treasurer-Tax Collector requests Board approval to participate in the 1997-98 California Cash Flow Financing Program issuance of Tax and Revenue Anticipation Notes (TRAN) for a maximum feasible amount to be determined by the Treasurer-Tax Collector and Auditor-Controller, not to exceed $15,000,000 - action requested - ADOPT RESOLUTION 97-42 AUTHORIZING AND APPROVING THE BORROWING OF FUNDS FOR FISCAL YEAR 1997-98; THE ISSUANCE AND SALE OF A 1997-98 TAX AND REVENUE ANTICIPATION NOTE THEREFOR AND PARTICIPATION IN THE CALIFORNIA COMMUNITIES CASH FLOW FINANCING PROGRAM AND AUTHORIZE THE CHAIR TO SIGN. 19. Tri-County Economic Development Corporation - proposed is the modification and extension of the existing agreement to prepare and manage the first phase of a Community Center Master Plan for Southside Oroville to include management and preparation of Phase 2. Total compensation under the contract amendment would not exceed $9,653 (Community Development Block Grant Program/Planning and Technical Assistance Grant) - action requested - APPROVE THE AMENDED CONTRACT FOR SERVICES AND AUTHORIZE THE CHAIR TO SIGN. (X10495) 20. Bruno and Hawkins, Chico - proposed is an agreement for a Southside Oroville Community Center Project project architect, in the maximum amount of $17,000 (Community Development Block Grant/Planning and Technical Assistance Grant) - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (X10484) 21. Community Development Block Grant (CDBG) - Board approval is requested for the provision of funding from CDBG Program Income in an amount not to exceed $1,000 for abatement of an "attractive nuisance" at 1369 East 10th Street in Chapmantown - action requested - APPROVE REQUEST FOR FUNDING IN AN AMOUNT NOT TO EXCEED $1,000. Page 121 April 8, 1997 April 8, 1997 97-117 22. Emilyn Sheffield, Chico - proposed is an agreement for professional services for planning and technical assistance in promoting tourism in Butte County. The agreement, in the maximum amount of $10,200 ($8,500/Community Development Block Grant and $1,700/Transit Occupancy Tax currently appropriated for tourism [including a $200 administration charge]), commences April 8, 1997 and ends July 1, 1997 - action requested - APPROVE BUDGET TRANSFER B-183, AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (X10491) 23. Adoption of an ordinance adding Section 3-40.5 to the Butte County Code entitled "Waiver, Refund or Transfer of Fees" - action requested - ADOPT ORDINANCE 3326 AND AUTHORIZE THE CHAIR TO SIGN. (FROM 3-25-97) 24. Introduction of a salary ordinance amendment to delete one Sheriff's Clerk II, I position (currently vacant) and add one Sheriff's Clerk III, II, I position (Budget Unit 360-002.) This change will allow the Department greater flexibility in dealing with an increasingly technical workload issue. Total cost to the Department for the 1996- 97 fiscal year will be $378 (including benefits adjustments), which the Department head has indicated can be covered under existing appropriations - action requested - WAIVE READING OF THE ORDINANCE. 25. Introduction of a salary ordinance amendment to add one limited term position of Superintendent- Buildings and Grounds due to a long-term medical (worker's compensation) leave of absence. The Personnel Rules limit the number of hours an extra help employee can work to a maximum of 960 hours; thus, the request to allocate one limited term position until such time as the status of the employee's worker's compensation claim is settled. The General Services Director has indicated that adequate funding is available under existing appropriations - action requested - WAIVE READING OF THE ORDINANCE. Page 122 April 8, 1997 April 8, 1997 97-117 26. Resolution in recognition of Helen Worley upon her retirement as Secretary to the Sheriff-Coroner, having served in this position through three Sheriff's administrations - action requested - ADOPT RESOLUTION 97-43 AND AUTHORIZE THE CHAIR TO SIGN. 27. Families for Literacy Program Services Grant - the California State Library has requested applications for Families Program funding from the California Library Services Act (Education Code Section 18735} for continuing participation in this service in fiscal year 1997/98. Funds are to be used for materials and staff to address the problems of intergenerational illiteracy in eligible adult learner families - action requested - APPROVE GRANT APPLICATION AND AUTHORIZE THE DIRECTOR-LIBRARIES TO SIGN. 28. City of Oroville General Plan Steering Committee - the Development Services Department advises the Board that the City of Oroville has completed its General Plan - action requested - DISBAND COMMITTEE. MOTION: I MOVE TO APPROVE THE CONSENT AGENDA WITH THE REMOVAL OF ITEMS 3.27 AND 3.29. M S VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) Regular Agenda 97-118 Introduction of Gary Ross, Butte County's new Fire Chief. Page 123 April 8, 1997 April 8, 1997 97-119 Appointments - commissions and committees. A. Appointments to committee vacancies. MOTION: I MOVE TO APPOINT DON ILLA AS THE DISTRICT 5 REPRESENTATIVE ON THE COMMUNITY ACTION AGENCY, AND AL GERBLINK AS THE DISTRICT 5 REPRESENTATIVE ON THE BUTTE COUNTY COMMISSION ON AGING. M S VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) MOTION: I MOVE TO APPOINT MARK LEVY AS THE DISTRICT 4 REPRESENTATIVE ON THE AGRICULTURAL ADVISORY COMMITTEE. S M B. Development Review Committee - the Planning Commission recommends that the Board appoint Mike Mooney (District 1) as one of the Planning Commission's representatives on the Development Review Committee, and Lee Cage (District 5) as the alternate - action requested - MAKE APPOINTMENT(S). (157) MOTION: I MOVE TO APPOINT MIKE MOONEY (DISTRICT 1} AS ONE OF THE PLANNING COMMISSION'S REPRESENTATIVES ON THE DEVELOPMENT REVIEW COMMITTEE, AND LEE CAGE (DISTRICT 5) AS THE ALTERNATE. S M VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) C. Director of Information Systems Recruitment/Selection - action requested - APPOINTMENT OF TWO MEMBERS OF THE BOARD OF SUPERVISORS AS BOARD REPRESENTATIVES FOR THE INTERVIEWING OF SEMI-FINALISTS FOR THE POSITION OF DIRECTOR OF INFORMATION SYSTEMS. (179) MOTION: I MOVE TO APPOINT SUPERVISORS BEELER AND JOSIASSEN AS BOARD REPRESENTATIVES FOR INTERVIEWING SEMI-FINALISTS FOR THE POSITION OF DIRECTOR OF INFORMATION SYSTEMS. S M VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) Page 124 April 8, 1997 ~ ~ April 8, 1997 97-120 Update on Sacramento legislative and budget activities. (228) (JOHN S. BLACKLOCK, CHIEF ADMINISTRATIVE OFFICER, REPORTED THAT THERE IS BIG PUSH IN THE LEGISLATIVE ON BILLS THAT MAY RETURN A PORTION OF THE PROPERTY TAX TO COUNTIES, WHICH IS CRITICAL TO BUTTE COUNTY) A. SB 1143 {Sher and O'Connell) - action requested - ADOPT POSITION OF OPPOSITION TO SB 1143 {SHER AND O'CONNELL) AND PROVIDE NOTIFICATION OF OPPOSITION TO BILL AUTHORS AND TO BUTTE COUNTY LEGISLATORS. MOTION: I MOVE TO ADOPT A POSITION OF OPPOSITION TO SB 1143 (SHER AND O'CONNELL) AND PROVIDE NOTIFICATION OF OPPOSITION TO BILL AUTHORS AND TO BUTTE COUNTY LEGISLATORS. S M VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) 97-121 A HEARING UPON WHICH A PUBLIC HEARING HAS PREVIOUSLY BEEN HELD - Bruce Roe - consideration of a rezone (item on which a negative declaration regarding environmental impacts has been recommended) on APN 048-010-079, 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 - SUBJECT TO ENVIRONMENTAL FINDING A, AND GENERAL PLAN AND ZONING FINDING A, MOVE TO DENY THE REZONING FOR BRUCE ROE ON APN 048-010-074 AND -075 FROM A-40 TO A-20. (THE PUBLIC HEARING PORTION OF THIS APPEAL HAS BEEN COMPLETED. INPUT FROM THE PUBLIC WILL BE LIMITED TO COMMENTS ON THE PROPOSED MOTION AND FINDINGS.) MOTION: I MOVE TO CONTINUE THIS ITEM TO THE BOARD AGENDA OF APRIL 22, 1997. S M VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) 97-122 Presentation to the Board to discuss Regional Council of Rural Counties membership. (640) {PRESENTATION BY LES COHEN, LEGISLATIVE ADVOCATE AND MARCIA L. BASQUE, EXECUTIVE DIRECTOR) Page 125 April 8, 1997 ~~ April 8, 1997 97-123 Presentation to assist the Board in evaluating the formation of a Resource Conservation District (RCD) in Butte County - action requested - ACCEPT AS INFORMATION AND DIRECT FURTHER ACTION AS APPROPRIATE. (975) (PRESENTATION BY WENDELL GILGERT, NATURAL RESOURCES CONSERVATION DISTRICT, JACK SOMERVILLE, PRESIDENT, GLENN COUNTY RESOURCE CONSERVATION DISTRICT, AND KEITH HANSEN, GLENN COUNTY SUPERVISOR) MOTION: I MOVE TO REFER THIS ISSUE TO THE FARM & HOME ADVISOR, AGRICULTURAL COMMISSIONER, AGRICULTURAL ADVISORY COMMISSION, PLANNING COMMISSION, AND WATER COMMISSION FOR FURTHER EVALUATION AND TO RETURN TO THE BOARD WITH A RECOMMENDATION. AND ALSO TO ENCOURAGE, TO THE EXTENT POSSIBLE, MR. GILGERT OR OTHERS WHO ARE FAMILIAR WITH, AND HAVE RESOURCE CONSERVATION DISTRICTS, TO ADDRESS THE VARIOUS CITIZENS GROUPS TO INCLUDE THE FARM BUREAU AND LEAGUE OF WOMEN VOTERS. S M VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) RECESS: 9:55 A.M. RECONVENE: 10:10 A.M. Page 126 April 8, 1997 ~"• .-,. April 8, 1997 Public Hearings and Timed Items 97-124 Public hearing - consideration of an application to the State of California for a $500,000 Community Development Block Grant (CDBG.) The purpose of the grant will be to construct a community center in the unincorporated area of Butte County known as South Oroville, which will provide programs and services primarily for the community's low income residents - action requested - ADOPT RESOLUTION APPROVING A JOINT APPLICATION WITH THE CITY OF OROVILLE AND CONTRACT EXECUTION FOR FUNDING FROM THE GENERAL/NATIVE AMERICAN ALLOCATION OF THE STATE CDBG PROGRAM, AUTHORIZING THE EXECUTION OF A GRANT AGREEMENT WITH THE STATE OF CALIFORNIA FOR A GRANT FROM THIS PROGRAM AND AUTHORIZING THE COUNTY CHIEF ADMINISTRATIVE OFFICER TO EXECUTE A CONTRACT WITH THE STATE OF CALIFORNIA AND AMENDMENTS THERETO FOR SUCH A GRANT, AND AUTHORIZE THE CHAIR TO SIGN. (1540) MOTION: I MOVE TO ADOPT RESOLUTION 97-44 APPROVING A JOINT APPLICATION WITH THE CITY OF OROVILLE AND CONTRACT EXECUTION FOR FUNDING FROM THE GENERAL/NATIVE AMERICAN ALLOCATION OF THE STATE CDBG PROGRAM, AUTHORIZING THE EXECUTION OF A GRANT AGREEMENT WITH THE STATE OF CALIFORNIA FOR A GRANT FROM THIS PROGRAM AND AUTHORIZING THE COUNTY CHIEF ADMINISTRATIVE OFFICER TO EXECUTE A CONTRACT WITH THE STATE OF CALIFORNIA AND AMENDMENTS THERETO FOR SUCH A GRANT, AND AUTHORIZE THE CHAIR TO SIGN. S M VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) Page 127 April 8, 1997 ~. ~~ April 8, 1997 97-125 Public hearing - Jones and Matthews Ranch, Inc. - consideration of an appeal of the Planning Commission's denial of a use permit (item determined to be a general rule exemption from environmental review) to allow the segregation of two (2) existing homesites of 1.3 acres each from a 37.62 acre parcel zoned A-20 (agricultural - 20 acre parcels), property located on the north side of Burdick Road, approximately 2,000 feet east of Troxel Road, identified as APN 039-240-092, in the Durham area - action requested.- SUBJECT TO ENVIRONMENTAL FINDING A, GENERAL PLAN FINDINGS A-F, ZONING ORDINANCE FINDINGS A-C, STAFF RECOMMENDS THAT THE BOARD OF SUPERVISORS CONFIRM THE PLANNING COMMISSION'S ACTION AND DENY THE USE PERMIT FOR JONES AND MATTHEWS ON APN 039-240-092. (1784) MOTION: SUBJECT TO ENVIRONMENTAL FINDING A, GENERAL PLAN FINDINGS A-F, ZONING ORDINANCE FINDINGS A-C, I MOVE TO CONFIRM THE PLANNING COMMISSION'S ACTION AND DENY THE USE PERMIT WITHOUT PREJUDICE FOR JONES AND MATTHEWS ON APN 039-240-092, AND REQUEST THE GENERAL PLAN/AGRICULTURAL ELEMENT COMMITTEE TO RECONVENE AND REVISIT THIS ISSUE. M S VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) Page 128 April 8, 1997 .^, ~.,, April 8, 1997 Rectular Agenda 97-126 A HEARING UPON WHICH A PUBLIC HEARING HAS PREVIOUSLY BEEN HELD - consideration of the adoption of resolutions calling elections regarding approval of special taxes in the following County Service Areas: 31 (Biggs Swimming Pool); 34 (Gridley Swimming Pool}; 37 (Gridley/Biggs Ambulance}; and 164 (Animal Control) - action requested - ADOPT RESOLUTIONS CALLING MAILED BALLOT ELECTIONS FOR JUNE 24, 1997. (FROM 3-25-97) {2850) (**00) MOTION: I MOVE TO ADD THE $2.00 COST OF THE ELECTION TO THE ANIMAL CONTROL RESOLUTION. M S VOTE: l Y 2 N 3 Y 4 Y 5 Y (Motion Carried) MOTION: I MOVE TO ADOPT RESOLUTION 97-45 CALLING AN ELECTION REGARDING APPROVAL OF A SPECIAL TAX ($17.50) WITHIN COUNTY SERVICE AREA 31 (BIGGS SWIMMING POOL), RESOLUTION 97-46 CALLING AN ELECTION REGARDING APPROVAL OF A SPECIAL TAX ($6.00) WITHIN COUNTY SERVICE AREA 34 (GRIDLEY SWIMMING POOL}, AND ADOPT RESOLUTION 97-47 CALLING AN ELECTION REGARDING APPROVAL OF A SPECIAL TAX ($5.00 PER PARCEL PLUS A ONE-TIME CHARGE OF $2.00 PER PARCEL FOR THE COST OF THIS ELECTION) WITHIN COUNTY SERVICE AREA 164 (ANIMAL CONTROL) AND AUTHORIZE THE CHAIR TO SIGN. S M VOTE: l Y 2 N 3 N 4 Y 5 Y (Motion Carried) RECESS: 12:03 P.M. RECONVENE: 12:18 P.M. 97-127 Federal Emergency Management Agency (F.E.M.A.) - presentation of the latest version of Flood Insurance Rate Maps (F.I.R.M.) to include the effects of these maps on property owners and insurance requirements - action requested - ACCEPT FOR INFORMATION. (2310) (***00) (PRESENTATION BY LES SAKUMOTO, FEDERAL EMERGENCY MANAGEMENT AGENCY, EDIE LOHMANN, COMPUTER SCIENCES CORPORATION, AND ANDREW CORRY, STATE DEPARTMENT OF WATER RESOURCES) (SUPERVISOR DOLAN NOT PRESENT/SUPERVISOR DOLAN PRESENT) Page 129 April 8, 1997 .~ April 8, 1997 97-128 Proposition 204: A. Proposition 204 Funding Update - action requested - ACCEPT FOR INFORMATION. B. The Agricultural Commissioner is currently working to develop a grant proposal to utilize Proposition 204 funding for water resource related projects in Butte County. The department is requesting an appropriation be made to hire an extra help (April 21, 1997 to June 27, 1997) Administrative Analyst I to prepare background information and the necessary data to produce a grant request proposal. The department will provide managerial oversight and office space - action requested - APPROVE BUDGET TRANSFER B-177 FROM APPROPRIATIONS FOR CONTINGENCIES TO (460-001.204) SALARIES AND BENEFITS ($4,986), SERVICES AND SUPPLIES ($1,300), AND A COMPUTER SYSTEM ($2,600) (TOTAL AMOUNT OF $8,886) RELATED TO OBTAINING FUNDS FROM PROPOSITION 204, AND PURCHASE OF FIXED ASSET ITEMS. (520) MOTION: I MOVE TO APPROVE BUDGET TRANSFER B-177 FROM APPROPRIATIONS FOR CONTINGENCIES TO (460- 001.204) SALARIES AND BENEFITS ($4,986}, SERVICES AND SUPPLIES ($1,300), AND A COMPUTER SYSTEM ($2, 609) (TOTAL AMOUNT OF $8, 886) RELATED TO OBTAINING FUNDS FROM PROPOSITION 204, AND PURCHASE OF FIXED ASSET ITEMS. M S VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) 97-129 Invitation for Board to participate in joint meeting of Chico City Council and the Butte County Airport Land Use Commission on April 16, 1997, 4:00 P.M. - action requested - ACCEPT INVITATION AND ADVISE STAFF OF THE BOARD MEMBERS WHO MAY ATTEND. (700) (BOARD DIRECTION THAT SUPERVISORS DOLAN AND ROUX REPRESENT THE BOARD AT THE JOINT MEETING OF THE CHICO CITY COUNCIL AND THE BUTTE COUNTY AIRPORT LAND USE COMMISSION ON APRIL 16, 1997) Page 130 April 8, 1997 .•. April 8, 1997 97-130 Items removed from the Consent Agenda for Board consideration and action. 1. Exchange Programs Agreement No. X97-5912, Federal Apportionment Exchange Program and State Match Program - proposed is execution of Exchange Programs Agreement No. X97-5912, which provides for the exchange of Federal apportionment funds for a like amount of nonFederal State Highway Account Funds and the disbursement of State Matching Funds for fiscal year 1996-97. The exchange of funds enables the expenditure of the funds on projects without the need to comply with Federal and State guidelines - action requested - ADOPT RESOLUTION APPROVING AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (NO ACTION TAKEN) 2. Private Industry Council (PIC)/Blanchard Training and Development, Inc. - proposed is an agreement to provide four days of customer service and leadership training to twenty-five Private Industry Council employees. The total program fee for this training agreement is $18,350. Also proposed is a training agreement with Blanchard Training and Development, Inc. to provide a training consultant and materials for the PIC training - action requested - APPROVE B-188 ACCEPTING AND APPROPRIATING UNANTICIPATED REVENUE, APPROVE AGREEMENT WITH PRIVATE INDUSTRY COUNCIL AND AUTHORIZE THE CHAIR TO SIGN, AND APPROVE AGREEMENT WITH BLANCHARD TRAINING AND DEVELOPMENT, INC. AND AUTHORIZE THE DIRECTOR-PERSONNEL TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR- CONTROLLER. (NO ACTION TAKEN) Page 131 April 8, 1997 ~~ April 8, 1997 97-131 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.) (900) 1. Anne Nordhaus, representing the League of Women Voters of Butte County - presented their new publication (1997), "Butte County -- A Guide to County Government and Services." 2. John Gillander, Chico - alleging possible serious misconduct on the part of the Butte County Elections Office in allowing Chico City Council member Coleen Jarvis to obtain candidate voter status in 113 days. 97-132 CLOSED SESSION: The Board recessed at 1:20 p.m. to a closed session conference with legal counsel for a public employee performance evaluation pursuant to Government Code Section 54957 (County Counsel.) RECONVENE: The Board reconvened at 1:47 p.m. following a closed session conference with legal counsel for a public employee performance evaluation pursuant to Government Code Section 54957 (County Counsel.) (NO ANNOUNCEMENTS) Communications 97-133 Communications received and referred. (COPIES OF ALL COMMUNICATIONS ARE AVAILABLE IN THE CLERK OF THE BOARD OFFICE.) A. Becky Woods, contact person for Concerned Citizens of Messila Valley - write to the Board to express their concern about the proposed new town of Butte Valley located along Clark and Durham-Pentz Roads, and their desire that the process be stopped until all the citizens, as well as the County, can discern exactly what kind of impact such a change would have on the area concerned. (REFER TO DIRECTOR-DEVELOPMENT SERVICES, CHIEF ADMINISTRATIVE OFFICER, DIRECTOR-PUBLIC WORKS, SHERIFF-CORONER, FIRE CHIEF, AND EMERGENCY SERVICES OFFICER) Page 132 April 8, 1997 ~, April 8, 1997 ADJOURNMENT: There being no further business before the Board, the meeting was adjourned at 1:47 p.m. to reconvene on Tuesday, April 22, 1997 at 9.00 a.m. FRED C. DAVIS, C IR JOHN S. BLACKLOCK Chief Administrative Officer and Clerk o the Board of Supervisors By: Page 133 April 8, 1997