HomeMy WebLinkAboutM042192~pril 21, 1992
Call to order - Board of Supervisors room, County
Administration Building, 25 County Center Drive,
Oroville. Supervisors Fulton, Houx, McLaughlin and Chair
Dolan present. Supervisor McInturf not present. Emmett
Pogue, deputy 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
~merica.
Consent Agenda
92-150 1. Minutes of March 24, 1992 - action requested -
CORRECT MINUTE ORDER 92-127 TO REFLECT "ADOPT
RESOLUTION 92-33".
2. Approval of minutes - action requested - APPROVE
MINUTES OF APRIL 7, 1992.
3. Budget transfers - action requested - APPROVE BUDGET
TRANSFERS B-155 (NORTH COUNTY MUNICIPAL COURT), B-
156 (RABIES CONTROL), B-157 (WATER SERVICES), B-
158 (SHERIFF - OPERATIONS), B-159 (SHERIFF-
ZNCARCERATION), B-163 (RECORDER), AND B-164
(WELFARE - GAIN).
4. R. D. Wilkinson - abandonment of a public utility
easement, lots 218 and 219, Paradise Pines, Unit 12,
identified as AP 064-020-056, Magalia - action
requested - ADOPT RESOLUTION 92-40 SETTING A PUBLIC
HEARING FOR JUNE 2, 1992 AT 10:00 A.M. AND AUTHORIZE
CHAIR TO SIGN.
Page 120
April 21, 1992
April 21. 1992
92-150 5. County library donations - in accordance with
Government Code Section 25355, donations of $300
from Eagles Ladies Auxiliary, Chico and $150 from
Chico Friends of the Library have been received for
the Butte County Library Trust Fund for the purchase
of books - action requested - ACCEPT DONATIONS AND
AUTHORIZE LETTERS OF APPRECIATION.
6. Gridley-Biggs Cemetery District - action requested -
REAPPOINT ROSS A. PIPPITT FOR A TERM TO EXPIRE
MAY 1, 1994; LOWELL P. KING FOR A TERM TO EXPIRE
MAY 1, 1995; AND LARENCE D. HANII~iAN FOR A TERM TO
EXPIRE MAY 1, 1996
7. Fire Department - conveyance of County property -
Board authorization is requested for the donation
of County fire engine no. 34, a 1953 GMC fire engine
(license no. E549699, asset no. 872), to the Butte
College Fire Technology Program. This engine was
recently replaced because it was no longer reliable
for daily service, and has virtually no resale
value - action requested - AUTHORIZE TRANSFER OF
FIXED ASSET ITEM. (FROM 4/7/92)
8. Sheriff-Coroner - Board authorization is requested
to purchase two Swintec 4000 typewriters in the
estimated amount of $950 - action requested -
APPROVE PURCHASE OF FIXED ASSET ITEMS.
9. North County Municipal Court - Board authorization
is requested to purchase three computers, two laptop
computers, five printers, software, two modems, DMV
adapter card, DMV software, security door control,
four RAM motherboards and one FAX. These items are
consistent and compatible with needs to upgrade and
update data processing capabilities in conjunction
with trial court coordination. With the exception
of $1,083 from automation contributions, funds are
within existing appropriations - action
requested - APPROVE PURCHASE OF FIXED ASSET ITEMS.
10. Public Health - Board authorization is requested to
purchase a cooling unit for the Rabies Control
vehicle in the amount of $700. Funding is available
from within the department's budget - action
requested - APPROVE PURCHASE OF FIXED ASSET ITEM.
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April 21, 1992
April 21, 1992
92-150 11. Clerk-Recorder - Board authorization is requested
to purchase one workstation in the amount of $5,382
to complete the modular furniture in the Recorder's
Office. Funding is available from within the
department's budget - action requested - APPROVE
PURCHASE OF FIXED ASSET ITEMS.
12. Clerk-Recorder - Board authorization is requested
to purchase an IBM compatible computer with monitor
and keyboard, 386, 80 MB hd, 25 MHz, and a Panasonic
KX P1624, 24 dot matrix printer at an estimated
total cost of $3,350 including tax and shipping.
The hardware is necessary to accommodate CATS
software which State Department of Health Services
will provide free of charge to the County. This
system will automate notary public and power of
attorney filings. Funding is available from
Recorder's Systems Trust Fund 1464 - action
requested - APPROVE PURCHASE OF FIXED ASSET ITEMS.
13. Centerville Fire Station (Station 27) - acceptance
of land - a grant deed has been prepared for the
Board to approve a Certificate of Acceptance of 1.89
acres of land from Jeff Cusick which contains
reversionary provisions - action requested - ACCEPT
PROPERTY AND AUTHORIZE THE CHAIR TO SIGN THE
CERTIFICATE OF ACCEPTANCE AND AUTHORIZE LETTER OF
APPRECIATION TO MR. CUSICK.
14. Investment information report - the Treasurer/Tax
Collector submits the March 31, 1992 report in
accordance with AB 1072 and the County's investment
policy - action requested - ACCEPT FOR INFORMATION.
15. Adoption of an ordinance amending Section 8-3 of the
Butte County Code regarding Emergency Services
Council membership - the proposed ordinance
designates the chairman of the Board of Supervisors
as chairman of the Emergency Services Council, and
the vice chair of the Board of Supervisors as a
member of the Council. Further, the term "civil
disaster", as used in Chapter 8 of the Butte County
Code has been replaced with the term "emergency
services" - action requested - ADOPT ORDINANCE 2997
AND AUTHORIZE THE CHAIR TO SIGN.
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April 21, 1992
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April 21, 1992
92-150 16. Adoption of an ordinance repealing and re-enacting
Article V of Chapter 2 of the Butte County Code
regarding judicial districts - the proposed
ordinance sets forth the legal descriptions of the
North County and South County Judicial Districts
created by Article 37 (commencing with Section
74934) of Chapter 10 of Title 8 of the Government
Code, as enacted by Chapter 592 of the Statutes of
1986 and made operative by Board Resolution 87-17
on February 3, 1987 - action requested - ADOPT
ORDINANCE 2998 AND AUTHORIZE THE CHAIR TO SIGN.
17. Introduction of a salary ordinance amendment
establishing one extra help classification of
Waterways Enforcement Specialist for the Sheriff's
Department at a rate of $12.00 per hour - action
requested - WAI~IE READING OF THE ORDINANCE.
18. Introduction of a salary ordinance amendment to
reclassify one Mental Health Clinician II to Program
Manager - Mental Health and flexibly staff one
Mental Health Clinician II position to Mental Health
Clinician II/I. The request to flexibly staff Mental
Health Clinician II position is due to the
difficulty in recruiting at the higher level -
action requested - WAIVE READING OF THE ORDINANCE.
19. Introduction of an ordinance amending Article XVIII
of Chapter 2 of the Butte County Code regarding
establishing a county Department of Development
Services and amending certain sections of Chapters
2, 20, 24, 26, 26B, 27, 27A, 28, 32 and 41 to
conform such sections with the establishment of said
department - action requested - WAIVE READING OF THE
ORDINANCE.
20. Mental Health - a resolution has been prepared
supporting and approving healthy start collaborative
planning and proposals for children, youth and
families - action requested - APPROVE RESOLUTION
92-41 AND AUTHORIZE CHAIR TO SIGN.
21. Resolution in honor of Lauretta Munster upon her
retirement after 30 years of County service - action
requested - ADOPT RESOLUTION 92-42 AND AUTHORIZE THE
CHAIR TO SIGN.
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April 21, 1992
April 21, 1992
92-150 22. JBR Estates/County of Butte - proposed is a
reimbursement agreement for construction of a storm
drainage system for West Chico Estates Subdivision,
Units 1 and 2. The cost of the improvements was
$125,900, and the portion of cost that can be
attributed to the use and benefit of the parcels of
land other than that of JBR Estates is $76,295.90 -
action requested - APPROVE AGREEMENT AND AUTHORIZE
THE CHAIR TO SIGN.
23. Bureau of Land Management - proposed is a contract
with the Bureau of Land Management in the amount of
$12,000 reimbursable to the Sheriff's Special
Enforcement Unit for investigations conducted for
the purpose of detecting illegal marijuana gardens,
wood thefts, occupancy trespass and follow-up
investigations of criminal and/or unauthorized uses
of public lands effective April 1, 1992 to
September 30, 1992 - action requested - APPROVE
CONTRACT AND AUTHORIZE SHERIFF AND CHAIR TO SIGN.
24. Department of Water Resources - proposed is a
contract with the Department of Water Resources to
provide boat and vehicular patrol of the Thermalito
Afterbay for twelve months, effective July 1, 1992
to June 30, 1993. The contract reimburses Butte
County $59,250 to fund a full-time deputy sheriff
position, extra-help position and fuel and
maintenance cost on the Sheriff's Patrol boat -
action requested - APPROVE CONTRACT AND AUTHORIZE
THE SHERIFF TO SIGN.
25. U. S. Forest Service - proposed is a contract with
the U.S. Forest Service in the amount of $79,500
for the period May 1, 1992 through September 30,
1992 reimbursable to the Sheriff's Special
Enforcement Unit to provide uniformed mountain
patrol of campgrounds in the Butte Meadows-Feather
Falls area, and to take action against marijuana
growers cultivating on public lands where reports
of violence, threats or intimidation have been
received - action requested - APPROVE CONTRACT AND
AUTHORIZE THE CHAIR TO SIGN.
26. Behavioral Health Access Participant
Hospital/Facility Agreement - proposed is a revenue
agreement between Butte County Mental Health and
Blue Cross of California allowing the Butte County
Mental Health Psychiatric Health Facility to be a
provider for Blue Cross of California clients
effective May 1, 1992 to May l, 1993 - action
requested - APPROVE AGREEMENT AND AUTHORIZE THE
CHAIR TO SIGN.
Page 124
April 21, 1992
AAril 21, 1992
92-150 27. Primary Intervention Program (PIP) Grant Proposal -
a proposal has been prepared in the amount of
$38,735 from the Chico Unified School District for
a Mental Health Primary Intervention Program (PIP).
This program is a determination by CUSD to continue
and to expand the PIP project based on the belief
of prevention as the most effective way to make SB
1831 large differences in the growing numbers of
alienated youth in our schools - action requested -
APPROVE CHICO UNIFIED SCHOOL DISTRICT'S BID FOR PIP
FUNDING.
28. Public Health - proposed are Declarations of Intent
no. 1, no. 3 and no. 4 authorized by Proposition 99
(Tobacco Tax Initiative) to enter into a contract
with the State for administration of Hospital
Services Account funds; Physician Services Account
funds; and Child Health and Disability Prevention
Treatment Mandates - action requested - APPROVE
DECLARATIONS OF INTENT AND AUTHORIZE THE CHAIR TO
SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND
AUDITOR-CONTROLLER.
29. Public Health - proposed is an agreement for 1991/92
Rural Health Services Program (RHS) - 100 percent
State Rural Health Services funds will be utilized
to help cover the cost of non-compensated hospital
and physician medical care. A portion of these
funds will be utilized to cover medical services
provided to patients under the California Children
Service Program - action requested - APPROVAL OF
APPLICATION AND AUTHORIZE THE CHAIR TO SIGN.
30. Occupational Health Services, Inc. (OHS) -
proposed is an employee assistance program
contract renewal effective April 1, 1992 through
March 31, 1993. The proposed renewal increases the
per month, per employee charge from $2.81 to $3.32
effective May 1, 1992 - action requested - APPROVE
CONTRACT RENEWAL SUBJECT TO APPROVAL OF COUNTY
COUNSEL AND AUDITOR-CONTROLLER AND AUTHORIZE THE
PERSONNEL DIRECTOR TO SIGN ON BEHALF OF THE COUNTY.
Page 125
April 21, 1992
April 21, 1992
92-150 31. County Counsel - City of Gridley, Ord Ranch
Solid/Household Hazardous Waste Facility - an
agreement was approved with the City of Gridley for
use by the city of the Ord Ranch transfer station
as a household hazardous waste collection facility.
That agreement required $5 million environmental
impairment liability insurance. The State
reguirement for such insurance is $1 million per
occurrence and $2 million annual aggregate. The
City of Gridley has requested the Board to revise
the contract insurance requirement to the State
requirement - action requested - APPROVE REVISED
INSURANCE REQUIREMENT AND AUTHORIZE CHAIR TO SIGN
CONTRACT.
32. Cleanup Week - Board authorization is requested for
use of Housing and Urban Development proqram income,
not to exceed $1,000, for Stirling City area
cleanup efforts - action requested - AUTHORIZE USE
OF HUD PROGRAM INCOME TO PAY LANDFILL FEES.
33. Chico Velo Cycling Club - Board authorization is
requested for the closure of a portion of Honey Run
Road from Rocking M Ranch to Little Grand Canyon
Road on Saturday, May 2, 1991 for a bicycle race
pursuant to issuance by the Sheriff of parade
permits. The Public Works Director does not object
to the permits with noted modifications. Closure
points to be staffed by California Highway Patrol
at promoters expense. Race permit has been
approved by the Town of Paradise - action
requested - AUTHORIZE ROAD CLOSURE.
34. Administration - exterior safety lighting around the
Public Health/Mental Health Building was converted
from incandescent to high pressure sodium vapor.
Pacific Gas and Electric has rebated 73 percent of
the cost of the fixtures, and continuing energy
savings will recoup the full cost - action
requested - AUTHORIZE A LETTER OF COMMENDATION TO
RICHARD PRATER, MANAGER - FACILITIES, AND AUTHORIZE
THE CHAIR TO SIGN.
35. Destruction of records - 594 volumes of photostatic
copies of documents including bills of sale, deeds,
certificates of sale, mining claims, mortgages,
contracts, agreements, deeds of trust for the years
1927-1952 - the Clerk Recorder requests Board
authorization, pursuant to Government Code Section
26205.5, for the destruction of these records which
have been microfilmed - action requested - AUTHORIZE
DESTRUCTION OF RECORDS.
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April 21, 1992
April 21, 1992
92-150 36. Agriculture - Board authorization is requested to
send a letter to USDA/APHIS objecting to furlough
of County Trapper between May 1 and June 30, 1992 -
action requested - APPROVE LETTER AND AUTHORIZE THE
CHAIR TO SIGN.
MOTION: MOVE TO APPROVE THE CONSENT AGENDA WITH ITEM
3.02 (MINUTES OF APRIL 7, 1992) CORRECTED TO
REFLECT MINUTE ORDER 92-144 "MOTION: I MOVE
TO DENY THE GENERAL PLAN AMENDMENT AND REZONE
AS PROPOSED."; ITEM 3.04 "ACTION REQUESTED -
ADOPT RESOLUTION SETTING A PUBLIC HEARING FOR
JUNE 2, 199 AT 10:00 A.M. AND AUTHORIZE THE
CHAIR TO SIGN."; AND ITEM 3.19, TO INCORPORATE
THE REVISION TO SECTION 2-151(b) CONTAINED ON
THE MEMORANDUM FROM THE CHIEF
ADMINISTRATIVE OFFICER TO THE BOARD OF
SUPERVISORS DATED APRIL 20, 1992.
M S
VOTE: 1 NP 2 Y 3 Y 4 Y 5 Y(Unanimously Carried)
Rectular Agenda
92-151 Items removed from the Consent Agenda for Board
consideration and action. (NONE)
92-152 Appointments - commissions and committees.
a. Appointments to committee vacancies. (NONE)
92-153 Presentation of resolution honoring Lauretta Munster,
Executive Secretary to the Chief Administrative Officer
upon her retirement. (PRESENTATION BY CHAIR DOLAN OF A
RESOLUTION IN RECOGNITION OF SERVICE AND CONTRIBLTTIONS
TO THE COUNTY OF BUTTE TO LAURETTA MUNSTER. COMMENTS OF
APPRECIATION BY EACH SUPERVISOR, AND A STANDING OVATION
BY THE BOARD, STAFF AND MEMBERS OF THE AUDIENCE.)
92-154 Assessor - Board authorization is requested to draft a
support letter for SB 1831 authored by Mike Thompson,
Senator, 4th District, allowing counties sharing a common
appraisal to create joint assessment appeals boards to
hear the resulting appeal in one location at one time -
action requested - APPROVE LETTER OF SUPPORT AND
AUTHORIZE THE CHAIR TO SIGN. (126)
MOTION: MOVE TO APPROVE LETTER OF SUPPORT AND AUTHORIZE
THE CHAIR TO SIGN.
S M
VOTE: 1 NP 2 Y 3 Y 4 Y 5 Y(Unanimously Carried}
Page 127
April 21, 1992
April 21, 1992
92-155 Consideration of a resolution that supports per capita
rather than situs distribution of sales tax revenues to
establish equity - action requested - ADOPT RESOLUTION
AND AUTHORIZE THE CHAIR TO SIGN. (212)
MOTION: MOVE TO ADOPT RESOLUTION 92-43 AND AUTHORIZE
THE CHAIR TO SIGN.
S M
VOTE: 1 NP 2 Y 3 N 4 Y 5 Y (Motion Carried)
92-156 Closed 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. (249)
MOTION: I MOVE TO ADOPT THE MOTION CONTAINED IN THE
APRIL 10, 1992 MEMORANDUM FROM THE ADVISORY
AGENCY TO THE BOARD OF SUPERVISORS TO DENY THE
APPEAL AND APPROVE THE PROJECT SUBJECT TO
MODIFIED CONDITIONS.
M S
VOTE: 1 NP 2 Y 3 Y 4 Y 5 Y(Unanimously Carried)
92-157 Butte County Association of Governments Reorganization
Plan Comments - Board previously provided with the
Interim Discussion Draft BCAG Reorganization Plan. The
Board should discuss and respond to the series of
discussion points provided - action requested - RESPOND
TO REQUEST FOR COMMENTS. (304) (THE BOARD INDICATED
THEY HAVE NO OBJECTION TO BCAG INDEPENDENCE SO LONG AS
IT IS CARRIED OUT IN A COST EFFECTIVE, EFFICIENT MANNER,
AND THAT THEY WOULD STRONGLY PREFER THAT SUPPORT SERVICES
BE PROVIDED BY CONTRACT WITH THE COUNTY. THERE IS NO
BOARD OBJECTION TO THE PROPOSED STAFFING PLAN SUBJECT TO
THOSE CONDITIONS, AND NO OBJECTION TO THE ISSUE OF
GOVERNANCE BEING DEFERRED, BUT WOULD AGAIN EXPRESS THE
STRONG POSITION THAT IT IS OPPOSED TO ANY DIMINUTION IN
THE BOARD'S ROLE IN THE GOVERNANCE OF BCAG. THE BOARD,
IN WHATEVER CONFIGURATION BCAG ENDS UP, IS SUPPORTIVE OF
BCAG BEING LOCATED IN CURRENT COUNTY FACILITIES UNDER A
RENTAL ARRANGEMENT.)
92-158 CLOSED SESSION: The Board recessed at 9:45 a.m. for
a closed session for the purpose of
potential litigation pursuant to
Government Code Section 54956.9(c)
(Stewart v. County of Butte.) (934)
Page 128
April 21, 1992
April 21. 1992
92-158 RECONVENE: The Board reconvened at 10:20 a.m.
following a closed session for the purpose
of potential litigation pursuant to
Government Code Section 54956.9(c)
(Stewart v. County of Butte.) (NO
ANNOUNCEMENTS)
Public Hearings and Timed Items
92-159 Continued hearing - L& L Surveying on behalf of R.
Wheeler and R. Pearce - consideration of an appeal of
condition no. 1(provide two-way traversable access RS-
8-LD-II to each parcel from a County maintained road or
State highway) on tentative parcel map (item for which
categorical exemption from environmental review has been
recommended), AP 58-74-10, two parcels, property located
on both sides of Newsome Ranch Road approximately 2,000
feet south of Big Bend Road, Concow area. (945)
MOTION: I MOVE TO UPHOLD THE APPEAL AND DELETE
CONDITION NO. 1 WHICH REQUIRES PROVISION OF
TWO-WAY TRAVERSABLE ACCESS TO RS-8-LD-II TO
EACH PARCEL TO COUNTY STANDARDS PURSUANT TO
BUTTE COUNTY CODE SECTION 20-4 FINDING THAT
THERE ARE SPECIAL CIRCUMSTANCES OR CONDITIONS
OF TOPOGRAPHY OR SIZE OR SHAPE OR LOCATION OR
EXISTING DEVELOPMENT AFFECTING THE PROPERTY,
AND THAT THE GRANTING OF THE EXCEPTION WILL NOT
BE DETRIMENTAL TO THE PUBLIC WELFARE OR
INJURIOUS TO OTHER PROPERTY IN THE TERRITORY
IN WHICH THE PROPERTY IS SITUATED.
S M
VOTE: 1 NP 2 Y 3 Y 4 Y 5 Y(Unanimously Carried)
92-160 Public hearing - renaming of a private road in the
Paradise area from El Fran Way (Neal Road to end) to
Fawnridge Court - action requested - ADOPT RESOLUTION AND
AUTHORIZE THE CHAIR TO SIGN. (1104)
MOTION: I MOVE TO ADOPT RESOLUTION 92-44 AND AUTHORIZE
THE CHAIR TO SIGN.
S M
VOTE: 1 NP 2 Y 3 Y 4 Y 5 Y(Unanimously Carried)
92-161 J. Laurence Mintier - presentation on General Plan
update - work program and future activities. (UPDATE ON
GENERAL PLAN WORK PROGRAM AND FUTURE ACTIVITIES BY J.
LAURENCE MINTIER OF J. LAURENCE MINTIER & ASSOCIATES)
Page 129
April 21, 1992
ADril 21~ 1992
92-162 Public hearing - Sierra West Surveying on behalf of
Kenneth Terrell - consideration of an appeal of condition
no. 1(provide two-way traversable access RS-2-B to each
parcel from a County maintained road or State highway)
on tentative parcel map (item for which categorical
exemption from environmental review has been
recommended), AP 07-16-07, four parcels, property located
at the northwest corner of East Lassen Avenue and
Northgate Drive, Chico area - action requested - OPEN
HEARING AND CONTINUE OPEN TO MAY 5, 1992 AT 11:00 A.M.
(2995) (HEARING OPENED AND CONTINUED OPEN TO MAY 5, 1992
AT 11:00 A.M.)
92-163 Communications
Communications received and referred. (COPIES OF ALL
COMMUNICATIONS ARE AVAILABLE IN THE CLERK OF THE BOARD
OFFICE.)
a. Dorette English, et al., HOPE/Campaign For a Fair
Share - submit petitions to the Board expressing
their concern regarding the Governor proposed
welfare budget cuts - action requested - REFER TO
DIRECTOR-SOCIAL SERVICES.
b. Fred Davis, City Manager, City of Chico - notifies
the Board that the City Council, on March 23, 1992,
passed a motion requesting that the Board of
Supervisors include in any future landfill closure
fees for Butte County a portion of said fees for the
Humboldt Road Dump site post-closure costs - action
requested - REFER TO CHIEF ADMINISTRATIVE OFFICER
AND DIRECTOR-PUBLIC WORKS.
92-164 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.)
1. Fields Larkin Saurooke, Oroville, Boy Scout Troop
32 - read an essay he wrote on "What It Means To Be
An American."
Page 130
April 21, 1992
April 21. 1992
ADJOURNMENT:
~OLADX, Chair
of Supervisors
ATTEST:
There being nothing further before the
Board at this time, the Board meeting was
adjourned at 11:19 a.m. to reconvene on
Monday, April 27, 1992 at 9:00 a.m.
`.
.~~
STARLYN BROWN, Acting Chief Administrative Officer
and,Clerk of 'the Board of Supervisors
~ i
By : c.-u ~:, i_ ~~'~ 1: c~~ ~-~
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April 21, 1992