HomeMy WebLinkAboutM042793~
Call to order - Board of Supervisors room, County
Administration Buildinq, 25 County Center Drive,
oroville. Present: Supervisors Dolan, McLauqhlin,
Meyer, Thomas and Chair Houx. John S. Blacklock, Chief
Administrative ~fficer; Susan Minasian, County Counsel;
and Carol Roach, Assistant Clerk of the Board.
Pledge of allegiance to the Flaq of the United States of
America.
93-140 Items removed from the Consent Agenda for Board
consideration and action:
1. Adoption of an emergency medical response ordinance
(El~to) - the purpose of the EMRO is to provide for
the public safety and welfare of County citizens in
the use of emergency ambulance and other pre-
hospital care resources through the establishment
of effective standards for the operation, equipment
and personnel of pre-hospital emergency care
services. The proposed F.rII20 has been unanimously
approved by the Emergency Medical Care Committee
(EMCC) - action requested - ADOPT ORDINANCE AND
AUTHORIZE THE CHAIR TO SIGN.
2. Introduction of a salary ordinance amendment
establishing a new classification of Licensed
Vocational Nurse (salary range 148) due to the
inability to attract viable Registered Nurses to
fill cu~rent vacancies at the higher level position
of Clinic Nurse (salary range 188) - action
requested - WAIVE READING OF THE ORDINANCE. (NO
ACTION TAKEN)
3. Air Pollution Control Officer - the existing
employment contract for Air Pollution control
Officer Gina Facca contains a provision for
renegotiation of the contract prior to its August
31, 1993 expiration date. Presented is a
negotiated contract for a two year term commencing
April 13, 1993 and expirinq April 13, 1995 - action
requested - APPROVE CONTRACT AND AUTHORIZE THE
CHAIR TO SIGN.
Page 147
April 27, 1993
~pril 27. 1993
93-141 Consent Acenda
1. Approval of minutes - action requested - APPROVE
KINUTES OF APRIL 13, 1993.
2. Budqet transfers - action requested - APPROVE
BUDGET TRANSFERS B-142 (HOUSING AND COMMUNITY
DEVELOPMENT), B-147 (PROBATION-VICTIM WITNESS), B-
148 (GENERAL SERVICES), AND B-149 (SHERIFF-SPECIAL
ENFORCEMENT), B-150 (BUILDINGS AND GROUNDS), B-151
(MENTAL HEALTH-AI,COHOL AND DRUG) , B-152 (PROBATION-
VICTIM WITNESS), B-153 (CAPITAL PROJECT -CRIMINAL
JUSTICE FACILITY), B-154 (BUILDINGS AND GROUNDS),
B-155 (PUBLIC WORKSj, B-158 (COMMUNICATIONS), AND
B-159 (SHERIFF-SPECIAL ENFORCEMENT).
3. County Library donation - in accordance with
Government Code Section 25355, a donation of $300
from Fraternal Order of Eaqles Auxiliary, Paradise,
has been received for the Butte County Library
Trust Fund for the purchase of boaks - action
requested - ACCEPT DONATION AND AUTHORIZE LETTER OF
APPRECIATION.
4. Mission Software, Inc. - Public Guardian - Board
authorization is requested to ac~ept three WYSE 60
computer terminals with an estimated value of $930
(serial nos. 0131091047, 0131088084 and
O1C19201100) to upgrade and replace three existing
WYSE 50 terminals, and to replace the Ryan
McFarland RMCOBOL software currently in use with
Microfocus COBOL 2 software - action requested -
ACCEPT FIXED ASSETS AND AUTHORIZE A LETTER OF
APPRECIATION.
5. Butte County Maternal, Child and Adolescent Health
Board - action requested - REAPPOINT PAUL
WASSERMAN, M.D. (PROFESSIONAL); DOROTHY SPICER
(CONSUMER); BRENDA ANEBO (PARENT); AND KAREN NORRIS
(CONSUMER) TO SERVE UNTIL MARCH 1, 1996.
6. Oroville Cemetery District - action requested -
REAPPOINT JAMES L. EDWARDS TO SERVE UNTIL
JANUARY l, 1997.
Paqe 148
April 27, 1993
93-141 7. Aqreements for easement acquisition - Midway
Bicycle Path right of way from Jones Avenue to
Hegan Lane, project no. 88-2-04003:
PARCEL PURCHASE PRICE
~IQi QWNER ACRES IMPROVEMENTS TOTAL
4 Howard S.Horn 0.68 $5,100/$1,350 $6,450
5 Daniel L. 0.12 3,800/0 3,800
Houseman
action requested - APPROVE AGREEMENTS FOR
ACQUISITION AND AUTHORIZE CHAIR TO SIGN; AUTHORIZE
AUDITOR TO DRAW WARRANTS UPON DEMAND OF COUNTY~S
ESCROW AGENT; AUTHORIZE CHAIR TO SIGN QUIT CLAIM
DEEDS; AND ACCEPT GRANT DEEDS AND AUTHORIZE CHAIR
TO SIGN CERTIFICATES OF ACCEPTANCE.
8. Neal Road Landfill - Report of Disposal Site
Information (RDSI) - the oriqinal contract for the
operation of the Neal Road Landfill requires the
operator to prepare a RDSI every five years or when
there is a change in operation of the landfill.
The oriqinal RDSI consisted of two pages. Due to
chanqes in State regulations, the RDSI is now a
larqe document and our contract with the operator
provides for payinq the operator additional costs
required due to chanqes in regulations. Public
Works has neqctiated an aqreement with the operator
to prepare the RDSI in conformance with the new
requlations at a cost not to exceed $20,910 from
funds available in the Neal Road Landfill
Manaqement Fund - action requested - APPROVE
AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN.
9. General Services - Communications - Board
authorization is requested to purchase two 486
computers, peripheral equipment and software in
the maximum amount of $5,000 in order to share
telecommunications information between the Auditor-
Controller and the Communications Office. Budqet
transfer B-158 has been prepared in order to
provide the necessary appropriation - action
requested - APPROVE PURCHASE OF FIXED ASSET ITEMS.
10. Conveyance of County property (AP 26-14-2-005 and
AP 36-51-05) to the Feather River Park and
Recreation District - action requested - AUTHORIZE
PUBLICATION OF NOTICE OF INTENTION TO CONVEY COUNTY
PROPERTY PURSUANT TO GOVERNMENT CODE SECTIONS 25365
AND 6061.
Page 149
April 27, 1993
93-141 11. District Attorney - Board authorization is
requested to purchase a California Law Enforcement
Teletype Terminal (CLETS) terminal, connectinq
equipment, printer and cables in the amount of
$2,789 from existinq fixed asset allocations for
the Welfare Fraud Unit - action requested -
ELIMINATE CAMCORDER WITH BATTERY, VCR AND MONITOR
AND APPROVE PURCHASE OF CLETS TERMINAL AND
PERIPHERAL EQUIPMENT.
12. Probation - Victim/Witness Proqram (grant no. 430
0006) - Board authorization is requested to
purchase a 486DX2 computer and peripheral
equipment, laser printer, and software in the
maximum amount of $10,658 (100$ State). Budqet
transfer B-152 has been prepared for the necessary
appropriation - action requested - AUTIiORIZE GRANT
MODIFICATION IN THE AMOUNT OF $12,703 AND AUTHORIZE
PURCHASE OF FIXED ASSET ITEMS.
13. Award of bid no. 51-93 (relocation of Jail
utilities} - the Purchasinq Office received and
opened bids for relocation of existinq water mains
and sewer facilities as part of the Jail addition
project. The low bidder meetinq specifications is
Sears Construction, Oroville in the amount of
$266,000. Budget transfer H-153 has been prepared
for the necessary appropriation - action
requested - AWARD BID.
14. Award of bid no. 63-93 (one ton cab and chassis
4x4) - the Purchasing Office received and opened
bids for the purchase of a one ton cab and chassis
4x4, with utility body and crane for the Public
Works Department. The low bid is Wittmeier
Chevrolet, Chico in the amount of $23,313 plus
tax - action requested - AWARD BID.
15. Introduction of a salary ordinance amendment
reclassifyinq a Paralegal position (salary ranqe
150) to Staff Services Systems Specialist (salary
ranqe 170) pursuant to Board action of April 13,
1993 approvinq reorganization of the County Counsel
Office to directly handle the defense of selected
tort claims - action requested - WAIVE READING OF
THE ORDINANCE.
Paqe 150
April 27, 1993
~ ~
92-141 16. Introduction of a salary ordinance amendment
reclassifyinq one position of Correctional officer
(salary range 137) to Senior Correctional Officer
(salary ranqe 163). The Sheriff-Coroner, shortly
after taking office, requested the reclassification
of a Senior Correctional Officer position to
Supervising Correctional Officer. The position of
the Sheriff-Coroner is that experience with the new
12 hour shifts has shown that the operation of the
facilities can be improved and money can be saved
by reinstituting this position - action requested -
WAIVE READING OF THE ORDINANCE.
17. Resolution proclaiminq the week of April 19-23,
1993 as Butte County Household Hazardous Waste
Community Awareness Week - action requested - ADOPT
RESOLUTION 93-51 AND AUTHORIZE THE CHAIR TO SIGN.
18. Resolution concerninq chanqes in maintained mileaqe
within Butte County - in acccrdance with Section
2121 of the Streets and Hiqhways Code, each year
the County must certify to the State Department of
Transportation (CalTrans) the current maintained
mileaqe of County roads, which this year is
1,379.77 miles - action requested - ADOPT
RESOLUTION 93-52 AND AUTHORIZE THE CHAIR TO SIGN.
19. Approval of plans and specifications for
reconstruction of Oroville Chico Hiqhway, from
Midway to Butte Creek, County contract no. 48253-
92-1 - plans and specifications have been completed
for the project - action requested - APPROVE PLANS
AND SPECIFICATIONS; AUTHORIZE CHAIR AND DIRECTOR-
PUBLIC WORKS TO SIGN PLANS; ADOPT WAGE SCALE; AND
SET BID OPENING FOR IrIAY 20, 1993 AT 11:00 A.M. IN
THE PUBLIC WORKS OFFICE.
20. State Board of Corrections - amendment no. 2 -
the amendment to contract no. 022-91 covere the
award of the jail utility relocation project with
Sears Construction in the amount of $266,000
(State/$194,000 and Local/$72,000); amendment no. 1
to the Nacht and Lewis Architect contract in the
decreasing amount of $9,000; the construction
enqineerinq contract with Rolls, Anderson & Rolls,
$8,000; and relocation of the exercise yard fence,
$6,449 - action requested - APPROVE CONTRACT
AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN.
Page 151
April 27, 1993
93-141 21. AIDS master grant agreement no. 92-15007 -
amendment no. A2 - under the terms of this
amendment, the maximum amount payable to the County
will increase by $3,500, from $123,305 to $126,805
(100$ State) - action requested - APPROVE
AMENDMENT TO AGREEMENT AND AUTHORIZE THE CHAIR TO
SIGN.
22. 1992-93 Medical Services Proqram (CMSP) - the
proposed contract, in the amount of $6,410,203
(realiqnment/County) provides health services to
low income County residents - action requested -
APPROVE CONTRACT AND AUTHORIZE THE CHAIR TO SIGN
SUBJECT TO APPROVAL OF THE AUDITOR-CONTROLLER AND
COUNTY COUNSEL.
23. 1992-93 Women, Infants and Children (WIC)
aqreement - amendment no. A1 - WIC is a federally
funded proqram administered through the State
designed to provide supplemental nutritious food to
mothers, infants and young children. Under the
terms of the proposed amendment, the maximum amount
payable to the County increases by $20,040 (from
$342,919 to $362,959) - action requested - APPROVE
AMENDMENT TO AGREEMENT AND AUTHORIZE THE CHAIR TO
SIGN SUBJECT TO APPROVAL OF THE AUDITOR-CONTROLLER
AND COUNTY COUNSEL.
24. Butte County transportation systems bid - durinq
the week of January 25, 1993, the County and the
City of Chico issued Request for Proposals for
operation of the public transit systems within
Butte County. After reviewinq the ATC Manaqement
Corporation proposal (the only bidder), County
staff inet with the City of Chico staff, Paradise
Public Works Director, Oroville Public Works
Director and the Oroville City Manaqer.
Negotiations were held with ATC Manaqement
Corporation to reduce the vehicle service hour
rate. Transportation Development Act (TDA) funds
are available to fund the operations of the
proposed contracts - action requested - SUBJECT TO
APPROVAL BY THE CITY OF CHICO, TOWN OF PARADISE,
AND CITY OF OROVILLE, APPROVE AWARD OF THE FIVE
YEAR CONTRACT TO ATC MANAGEMENT CORPORATION FOR THE
OPERATION OF THE BUTTE COUNTY TRANSIT, CHICO AREA
TRANSIT, OROVILLE AREA TRANSIT, OROVILLE EXPRESS
AND THE CHICO CLIPPER AND AUTHORIZE THE CHAIR TO
SIGN THE CONTRACTS.
Paqe 152
April 27, 1993
93-141 25. Catalyst: Women's Advocates, Inc. - proposed is a
contract for the provision of the 1993-94 Domestic
Violence Proqram in Butte County at an annual cost
of $28,800 (Marriaqe License Trust Fund) - action
requested - APPROVE CONTRACT AND AUTHORIZE THE
CHAIR TO SIGN.
26. Parent Education Network (PEN) - the 1993-94 AB
1733 child abuse prevention aqreement provides
parent education classes and an in-home parentinq
service for families at risk of abuse through the
Parent Education Network (PEN) as a contracted
service. Funding for this contract in the amount
of $94,596 is provided by a three year qrant
agreement between the County and the State
Department of Social Services, and there is no
County match required - action requested - APPROVE
AGREEMENT AND AUTHORI2E THE CHAIR TO SIGN.
27. Parent Education Network (PEN) - the 1993-94 AB
2994 child abuse prevention aqreement provides
training in parentinq skills to foster and natural
parents for the prevention of child abuse. The
contract, in the amount of $28,800, is funded 100
percent from a surcharqe on birth certificates -
action requested - APPROVE AGREEMENT AND AUTHORIZE
THE CHAIR TO SIGN.
28. State Department of Health Services - the proposed
contract no. 92-16140 with the State Department of
Health Services provides incentive payments of $50
for identifyinq and reportinq third party health
care coveraqe of Medi-Cal beneficiaries. The
contract is for the period March 1, 1993 to
June 30, 1995. The amount of the contract is
$10,550 for the remainder of fiscal year 1992-93,
$31,600 for fiscal year 1993-94 and $31,600 for
fiscal year 1994-95 for a maximum total of $73,750.
This effort requires some additional work on the
part of County Medi-Cal eliqibility workers -
action requested - ADOPT RESOLUTION 93-53 APPROVING
CONTRACT AND AUTHORIZE THE CNAIR TO SIGN.
Paqe 153
April 27, 1993
A~ril 27, 1993
93-141 29. Butte County Office of Education Regional
Occupational Program (ROP) - proposed is an
agreement for the provision of traininq in the
necessary entry-level skills in auxiliary hospital
and medical services within the GAIN Health
Occupations Program for 20 GAIN clients durinq the
period of May 1, 1993 through December 30, 1993 in
the maximum amount of $19,940
(Federal/State/County) - action requested - APPROVE
AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN.
MOTION: I A'IOVE TO APPROVE THE CONSENT AGENDA WITH THE
REMOVAL OF ITEMS 3.15, 3.18 and 3.22.
M S
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y(Unanimously Carried)
The Board observed a moment of silence in memory of Frank
Kircher, a former County employee and husband of Bettye
Kircher, Planninq Director, who passed away last week.
The Board extended its heartfelt sympathy to Bettye and
family.
93-142 Appointments - commissions and committees.
a. Appointments to committee vacancies.
MOTION: I MOVE TO APPOINT WALTER "BUD" FERGUSON AS THE
DISTRICT 1 REPRESENTATIVE TO THE CITY OF
OROVILLE GENERAL PLAN STEERING COMMITTEE.
M S
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y(Unanimously Carried}
93-143 Consideration of the adoption of a"Home Rule" ordinance
(protection of local property tax revenuesj - actian
requested - WAIVE READING OF THE ORDINANCE.
MOTION: I IrIOVE TO WAIVE READING OF THE ORDINANCE.
M S
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y(Unanimously Carried)
(BOARD DIRECTION TO SEND THIS PROPOSED ORDINANCE AND
OTHER INFORMATION TO EACH CITY, THE TOWN OF PARADISE AND
SPECIAL DISTRICT BOARDS ASKING THEM TO ENDORSE THIS
EFFORT AS WELL)
Paqe 154
April 27, 1993
93-144 Discussion regarding "Siege of Sacramento" on May 19,
1993. (345)
MOTION: I WOULD MOVE THAT WE ENDORSE THIS CAMPAIGN TO
ORGANIZE EVENTS IN SACRAMENTO INCLUDING THE
MAY 19TH AND JUNE 16TH RALLIES TO SUPPORT ALL
EFFORTS TO STOP THE ATTEMPT TO TAKE LOCAL
GOVERNMENT REVENUES ESPECIALLY PROPERTY TAX AS
THE STATE BUDGET IS BEING DISCUSSED, TO
DISTRIBUTE THE INFORMATION REGARDING THE
INITIATION AND ORGANIZING OF THIS EVENT TO
COUNTY DEPARTMENTS, INTERESTED GROUPS AS THEY
REQUEST, SPECIAL DISTRZCTS, CITIES AND THE
TOWN OF PARADISE, AND TO ALI,OW DEPARTMENT
HEADS TO USE THEIR DISCRETION IN APPROVING
EMPLOYEES TARING VACATION TIME OR OTHER
UNCOMPENSATED TIME TO PARTICIPATE IN THE
RALLIES BUT NOT TO THE TAI~: AWAY FROM THE
NECESSARY WORR OF THE COUNTY.
1K S
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y(Unanimously Carried)
93-145 Temporary postinq of Nelson Avenue (westerly from 20th
Avenue to end) for no parking - a motor boat race is
scheduled to be held in the Thermalito Forebay on May 9,
1993 and in order to enforce security around the water
during the race, it is necessary to post a portion of
Nelson Avenue (westerly from 20th Avenue to end) for no
parking - action requested - AUTHORIZE THE NO PARKING
DESIGNATION ON A TEMPORARY BASIS FOR MAY 9, 1993.
(641) (NO ACTION TAKEN UPON THE REQUEST OF DAVE
ALBRIGHT, SACRAMENTO MOTOR SPORTS)
93-146 1993-94 Fiscal Forecast and budqet process - action
requested - ACCEPT FOR INFORMATION. (650} (REPORT TO
THE BOARD BY JOHN S. BLACRLOCK, CHIEF ADMINISTRATIVE
OFFICER)
93-147 Report to the Board on results of Chief Administrative
Officer meetinqs with Manaqement Council Committee to
develop current year cost savinqs - action requested -
. ACCEPT FOR INFORMATION. (864) (THE BOARD EXTENDED ITS
THANKS TO CANDACE GRUBBS FOR HER LEADERSHIP IN CHAIRING
THIS COMMITTEE, SUSAN MINASIAN, PAT CRAGAR, RON ERICKSON
AND SHERIFF MICK GREY)
Paqe 155
April 27, 1993
93-148 Board discussion on SB 950 (LESLIE) - action requested -
ADOPT RESOLUTION OF SUPPORT AND AUTHORIZE THE CHAIR TO
SIGN. (987) (**00)
MOTION: I MOVE TO ADOPT RESOLUTION 93-54 IN SUPPORT OF
SB 950 (LESLZE) AND AUTHORIZE THE CHAIR TO
SIGN, AND THAT WE WORR WITH INTERESTED
CITIZENS TO RENEW EFFORTS ON BEHALF OF THE
SALES TAX ISSUE.
S M
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y(Unanimously Carried)
RECESS: 10:45 A.M.
RECONVENE: 10:55 A.M.
Public Hearinqs and Timed Items
93-149 Public hearing - GDA Enqineerinq on behalf of Heritaqe
Investment Partnership - consideration of a rezone (item
determined to be cateqorically exempt from environmental
review) from PAC (planned area cluster) to S-R (suburban
residential), property located between Kelly Ridge Road,
Rachel Drive, and Heritaqe Road, AP Ob9-600-013 to 099
and 069-610-001, 002, Oroville area. (207)
MOTION: I MOVE TO ACCEPT THE RECOMP~NDATIONS OF STAFF
MEMORANDUM DATED APRIL 1, 1993 AND A. FIND
THAT: 1. THE PROJECT IS CATEGORICALLY EXEMPT
FROM ENVIRONMENTAL REVIEW, AND 2. THE REZONE
CONFORMS TO THE POLICIES, INCLUDING THE TEXT
AND MAP OF THE BUTTE COUNTY GENERAL PLAN.
B. ADOPT ORDINANCE 3064 APPROVING THE REZONE
TO S-R ON PROPERTY IDENTIFIED AS AP 069-600-
013 TO 099 AND 069-610-001, 002 (HERITAGE
INVESTMENT PARTNERSHIP).
M S
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y(Unanimously Carried~
Air Pollution Control District
Recess at 10:58 a.m. as Board of Supervisors and convene
as the Air Pollution Control District Board of Directors.
Present: Directors Dolan, McLauqhlin, Meyer, Thomas and
Chair Houx.
Page 156
April 27, 1993
93-150 Approval of minutes - action requested - APPROVE MINUTES
OF FEBRUARY 23, 1993.
MOTION: I MOVE TO APPROVE THE MINUTES OF FEBRUARY 23,
1993.
S M
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y(Unanimously Carried)
93-151 Public hearinq - Air Pollution Control District -
consideration of proposed Rule 1004 (Dioxins Airborne
Control Measure for Medical Waste Incinerators) - action
requested - ADOPT RESOLUTION ADOPTING RULE 1004 AND
AUTHORIZE THE CHAIR TO SIGN.
MOTION: I MOVE TO ADOPT RESOLUTION 93-05 ADOPTING RULE
1004 AND AUTHORIZE THE CHAIR TO SIGN.
S M
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y(Unanimously Carried)
93-152 Department of Motor Vehicle (DMV} registration
surcharge - proposed is an increase of the DMV
registration surcharge from $1 to $2 commencing October
1, 1993 to fund California Clean Air Act programs run by
the Air Pollution Control District and the Conqestion
Management Plan carried out by Butte County Association
of Governments - action requested - ADOPT RESOLUTION AND
AUTHORIZE THE CHAIR TO SIGN. (430) (CONTINUED TO THIS
AFTERNOON AT 2:00 P.M./REFER TO MINUTE ORDER 93-160)
93-153 Current legislative package and Air Pollution Control
Officer's recommendations:
1. AB 75 (HOUSER) - requires that cities have
representation on air pollution control district
governinq boards. This would move the Butte County
Air Pollution Control District from the Board of
Supervisors to the Butte County Association of
Governments (BCAG). (NO RECOIrII~IENDATION);
2. AB 223 (QUACKENBUSH) - would eliminate the local
Air Pollution Control District and turn
responsibilities over to the California State Air
Resources Board. (OPPOSE BILL);
3. AB 716 (FERGUSON) - abolishes county air pollution
control districts and turns them into regional
districts with budgets approved by the State Air
Resources Board (CARB). CARB would have all
jurisdiction in dealinq with facilities and fees.
(OPPOSE BILL);
Paqe 157
April 27, 1993
7
93-153 4. AB 1479 (JOHIdSON) - would require the air pollution
control districts to turn all monies over to the
State qeneral fund, thereby imposinq a State
mandated local program. (OPPOSE BILL); and
5. AB 1853 (POLANCO AND COSTA) - would requfre each
air pollution control district to submit budgets to
the California Environmental Protection Agency.
(OPPOSE BILL)
action requested - BOARD DIRECTION TO OPPOSE OR SUPPORT
LEGISLATION, AND DIRECTION TO THE AIR POLI~JTION CONTROL
OFFICER TO PREPARE LETTERS TO APPROPRIATE LEGISLATORS AND
AGENCIES FOR SIGNATURE BY THE CHAIR. (1478)
MOTION: I MOVE THAT THE AIR POLLUTION CONTROL OFFICER
PREPARE LETTERS TO APPROPRIATE LEGISLATORS AND
AGENCIES FOR SIGNATURE BY THE BOARD CHAIR IN
OPPOSITION TO AB 75 (HOUSER), AB 223
(QUACKENBUSH), AB 716 (FERGUSON), AB 1479
(JOHNSON), AND AB 1853 (POLANCO AND COSTA).
S M
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y(Unanimously Carried)
Adjourn at 11:46 a.m. as the Air Pollution Control
District Board of Directors and reconvene as the Board of
Supervisors.
Public Hearinas and Timed Items
93-154 Public hearing - Midway Bicycle Pathway between Chico and
Durham, Project No. 88-2-04003 - consideration of the
adoption of a resolution of necessity to acquire certain
real property or interest in real property (Henneman
Farms, Inc., AP 40-05-35 and Alba B. Houseman, AP 40-02-
128) by eminent domain (Code of Civil Procedure, Sections
1245.230 and 1245.235) - action requested - ADOPT
RESOLUTION MAKING FINDINGS PURSUANT TO CALIFORNIA CODE OF
CIVIL PROCEDURE SECTIONS 1240.030 AND 1245.230 AND
AUTHORIZING ACQUISITION OF REAL PROPERTY BY EMZNENT
DOMAIN, AND AUTHORIZE THE CHAIR TO SIGN. (1786)
MOTION: I MOVE TO ADOPT RESOLUTION 93-55 (AMENDED TO
REFLECT THE CORRECTION OF A TYPOGRAPHICAL
ERROR IN THE FIRST PARAGRAPH AND THE ADDITION
OF A REFERENCE TO SECTION 2380 OF THE STREETS
AND HIGHWAYS CODE IN THE TFiIRD PARAGRAPH)
MAKING FINDINGS PURSUANT TO CALIFORNIA CODE OF
CIVIL PROCEDURE SECTIONS 1240.030 AND 1245.230
AND AUTHORIZZNG ACQUISITION OF REAL PROPERTY
BY EMINENT DOMAIN, AND AUTHORIZE THE CHAIR TO
SIGN.
M S
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y(Unanimously Carried)
Paqe 158
April 27, 1993
93-155 Public hearing - Anthony M. Georqe - consideration of a
rezone (item determined to be qeneral rule exempt from
environmental review) to modify a conditional C-1 zone
located on the southerly side of Nord Avenue
approximately 440 feet northerly of Oak Way, AP 042-140-
114, Chico area. (2040)
MOTION: I MOVE TO A. FIND THAT THE PROJECT IS NOT
SUBJECT TO ENVIRONMENTAL REVIEW UNDER CEQA AS
PER THE GENERAL RULE EXEMPTION; B. FIND THAT
THE PROPOSED AMENDMENT TO THE C-1 ZONE IS
CONSISTENT WITH THE BUTTE COUNTY GENERAL pLAN
BECAUSE THE CONDITIONS ASSOCIATED WITH THE
REZONE WERE INTENDED TO APPLY TO COMMERCIAL
DEVELOPMENT; AND C. ADOPT RESOLUTION 93-56
APPROVING THE PROPOSED AMENDMENT TO ADD A
CONDITION TO THE CONDITIONAL ZONING AGREEMENT
ENTERED INTO FEBRUARY 27, 1990 AS FOLIAWS:
10. "THE ABOVE CONDITIONS SHALL APPLY TO THE
COrII~IERCIAL DEVELOPMENT, THE CONVERSION OF A
RESIDENCE TO COMI~RCIAL USES, OR THE
CONSTRUCTZON OF 1~iORE THAN A SINGLE FAMILY HOME
ON A SINGLE PARCEL."
M S
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y(Unanimously Carried)
Regular Agenda
93-156 Items removed from the Consent Aqenda for Board
consideration and action.
1. Adoption of an emerqency medical response ordinance
(EMRO) - the purpose of the F.IrII20 is to provide for
the public safety and welfare of County citizens in
the use of emergency ambulance and other pre-
hospital care resources through the establishment
of effective standards for the operation, equipment
and personnel of pre-hospital emergency care
services. The proposed EI~O has been unanimously
approved by the Emerqency Medical Care Committee
(EMCC) - action requested - ADOPT ORDINANCE AND
AUTHORIZE THE CHAIR TO SIGN. (2432) (***00)
MOTION: I MOVE TO ADOPT ORDINANCE 3065 AND AUTHORIZE
THE CHAIR TO SIGN.
M S
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y(Unanimously Carriedj
RECESS: 12:30 P.M.
RECONVENE: 1:42 P.M. (SUPERVISORS McLAUGHLIN AND
THOMAS NOT PRESENT)
Page 159 April 27, 1993
April 27. 1993
93-157 Report to the Board on the bid opening (bid no. 58-93)
for the Juvenile Hall multi-purpose classroom - action
requested - AWARD BID TO THE LOW BIDDER MEETING
SPECIFICATIONS. (254)
MOTION: I MOVE TO AWARD THE BID TO THE LOW BIDDER
DI DUCA CONSTRUCTION, CHICO IN THE AMOUNT OF
$283,355.
S M
VOTE: 1 Y 2 Y 3 Y 4 NP 5 NP (Unanimously Carried)
93-158 Consideration of a resolution enactinq SB 2014 (Vehicle
Code Section 9250.14[c]) authorizinq a one dollar motvr
vehicle registration surcharqe to be used for vehicle
theft crime proqrams and for the prosecution of crimes
involvinq driving under the influence of alcohol or
drugs, vehicle manslaughter, or any combination of those
crimes - action requested - ADOPT RESOLUTION AND
AUTHORIZE THE CHAIR TO SIGN. (330)
(SUPERVISOR THOMAS PRESENT}
MOTION: I MOVE TO ADOPT RESOLUTION 93-57 AND AUTHORIZE
THE CHAIR TO SIGN.
M S
VOTE: 1 Y 2 Y 3 Y 4 NP 5 Y (Unanimously Carried)
93-159 Adoption of a salary ordinance amendment - the District
Attorney has requested the reclassification of an
existing Legal Secretary II position to a Supervising
Legal Secretary position due to an imbalance in the
current staffing ratio of supervisory position to legal
clerical support positions. Administration and the
Personnel Department support this request for
reclassification of a position to allow more efficient
supervisory control - action requested - ADOPT ORDINANCE
AND AUTHORIZE THE CHAIR TO SIGN. (675)
MOTION: I MOVE TO ADOPT ORDINANCE 3066 AND AUTHORIZE
THE CHAIR TO SIGN.
S M
VOTE: 1 Y 2 Y 3 Y 4 NP 5 Y(Unanimously Carried)
Recess at 2:11 p.m. as Board of Supervisors and convene
as the Air Pollution Control District Board of Directors.
Present: Directors Dolan, Meyer, Thomas and Chair Houx.
Not present: Director McLaughlin.
Paqe 160
April 27, 1993
~;pril 27. 1993
93-160 Department of Motor Vehicle (DMV) reqistration
surcharge - proposed is an increase of the DMV
registration surcharge from $1 to $2 commencinq
October 1, 1993 to fund California Clean Air Act programs
run by the Air Pollution Control District and the
Congestion Management Plan carried out by Butte County
Association of Governments - action requested - ADOPT
RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (CONTINUED
FROM THIS MORNING/REFER TO MINUTE ORDER 93-152)
MOTION: I MOVE TO ADOPT RESOLUTION 93-06 APPROVING A
MOTOR VEHICLE REGISTRATION FEE PURSUANT TO
SECTION 44223 OF THE CALIFORNIA HEALTH AND
SAFETY CODE (AB 2766 SHER) COI~ENCING
OCTOBER l, 1993 AND TERMINATING OCTOBER l,
1995.
S M
VOTE: 1 Y 2 Y 3 Y 4 NP 5 Y(Unanimously Carriedj
(BOARD DIRECTION TO THE AIR POLLUTION CONTROL OFFICER TO
REPORT TO THE BOARD SIX MONTHS AFTER COMI~NCEMENT OF THE
PROGRAM)
Adjourn at 2:28 p.m. as the Air Pollution Control
District Board of Directors and reconvene as the Board of
Supervisors.
Reuular AQenda
93-161 Items removed from the Consent Agenda for Board
consideration and action.
1. Air Pollution Control Officer - the existing
employment contract for Air Pollution Control
Officer Gina Facca contains a provision for
renegotiation of the contract prior to its Auqust
31, 1993 expiration date. Presented is a
negotiated contract for a two year term commencing
April 13, 1993 and expiring April 13, 1995 - action
requested - APPROVE CONTRACT AND AUTHORIZE THE
CHAIR TO SIGN. (1674)
MOTION: I MOVE TO APPROVE THE CONTRACT AND AUTHORIZE
THE CHAIR TO SIGN.
M S
VOTE: 1 Y 2 Y 3 Y 4 NP 5 Y(Unanimously Carried)
RECESS: 2:41 P.M.
RECONVENE: 2:47 P.M.
Page 161
April 27, 1993
93-162 Discussion concerning the Department of Water Resources
Proposed Amended Recreation Plan for Lake Oroville State
Recreation Area - action requested - BOARD RESPONSE AS
APPROPRIATE. (2164) (REPORT BY SUPERVISOR MEYER ON A
APRIL 26, 1993 MEETING IN SACRAMENTO WITH THE DEPARTMENT
OF WATER RESOURCES)
93-163 Resolution proclaiminq May 2-8, 1993 as Hire a Veteran
Week.
MOTION: I MOVE THAT THE NEED TO TAKE ACTION ON THIS
ITEM AROSE AFTER PUBLICATION AND POSTING OF
THE AGENDA.
M S
VOTE: 1 Y 2 Y 3 Y 4 NP 5 Y(Unanimously Carried)
MOTION: Z MOVE TO ADOPT RESOLUTION 93-58 PROCLAIMING
MAY 2-8, 1993 AS HIRE A VETERAN WEER.
S M
VOTE: 1 Y 2 Y 3 Y 4 NP 5 Y(Unanimously Carried)
93-164 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. Albert Mitchell, Chico - met with Viacom in
Oroville regardinq concerns expressed by a
member(s) of the Board that tapinqs of Board
meetings are not beinq made available in the areas
of Maqalia, Paradise, Oroville, Gridley, and what
could be done to correct this. (THE BOARD TO SEND
A LETTER TO VIACOM REQUESTING BROADCAST OF THE
MEETINGS TO THESE AREAS~
2. Francis Kelley, Oroville - stated that anythinq she
has to do or say will always be done in the open,
and not under the guise of a costume.
93-165 CLOSED SESSION: The Board recessed at 3:05 p.m. to a
closed session for the purpose of
litiqation pursuant to Government
Code Section 54956.9(a) (Federal
Energy Regulatory Commission [FERC]
proceedings regarding License 2001),
and a personnel matter.
Paqe 162
April 27, 1993
93-165
93-166
RECONVENE: The Board reconvened at 3:30 p.m.
followinq a closed session for the
purpose of litigation pursuant to
Government Code Section 54956.9(a)
(Federal Energy Requlatory Commission
[FERC] proceedinqs reqarding License
2001), and a personnel matter.
(SUPERVISOR THOMAS NOT PRESENT)
MOTION: I MOVE TO (1) AUTHORIZE COUNTY COUNSEL TO FILE
THE NECESSARY BRIEFS TO MAKE BUTTE COUNTY AN
INTERVENER IN THE PROCESS THAT COULD DEVELOP
WITH THE FEDERAL ENERGY REGULATORY COMMISSION
(FERC), AND THAT WE MONITOR THE SITUATION AS
IT DEVELOPS WITH THE DEPARTMENT OF WATER
RESOURCES (DWR) AND THEIR RESPONSE TO FULFIL
THEIR RESPONSIBILITIES WITH THE RECREATION
PLAN THAT SOME TIME IN THE FUTURE WE MIGHT
FILE A SEPARATE ACTION WITH DWR ON THIS PLAN,
AND (2) AUTHORIZE AND DIRECT COUNTY COUNSEL
TO RESPOND ON BEHALF OF THE BOARD AND THE
COUNTY T~ THE PROPOSED AMENDED RECREATION PL~N
FOR LAKE OROVILLE STATE RECREATION PLAN.
M S
VOTE: 1 Y 2 Y 3 Y 4 NP 5 NP (Unanimously Carried)
Communications received and referred. (COPIES OF ALL
COMMUNICATIONS ARE AVAILABLE IN THE CLERK OF THE BOARD
OFFICE.)
a. Eldon B. Bunker, Rackerby - submits his resiqnation
as an Upham Cemetery District Trustee. (ACCEPT
RESIGNATION; REFER TO CLERK OF THE BOARD; AND
AUTHORIZE LETTER OF APPRECIATION)
b. Steven J. Cramer, attorney at law, Oakland -
objects, as a representative of The Customer
Company, operator of the Cheaper! Store, 110 East
Park, Chico (the "Property"), and Triond, the
property owner, to the inclusion of the property in
the Greater Chico Urban Area Redevelopment Project
Area (GCUARPA). (REFER TO ASSISTANT CHIEF
ADMINISTRATIVE OFFICER, COUNTY COUNSEL, AND STEPHEN
HONEYCUTT, HERITAGE PARTNERS)
Paqe 163
April 27, 1993
93-166 c. Twin Cities Rod and Gun Club, Inc., Marysville and
Yuba City, et al. - submit a petition urging the
Board to reconsider the request and qrant the Dutch
Ravine Sportsmens~ Club rezone application. (REFER
TO COUNTY COUNSEL AND DIRECTOR-DEVELOPMENT SERVICES
FOR APPROPRIATE RESPONSE)
d. Ron Holt, Holt's Floorcovering, Durham - protests
the Board's denial of a rezone for Dutch Ravine
Sportsmens' Club. (REFER TO COUNTY COUNSEL AND
DIRECTOR-DEVELOPMENT SERVICES FOR APPROPRIATE
RESPONSE)
e. William Roy Starks, Olivehurst - writes to request
that the Board reconsider its rezone decision in
the case of Dutch Ravine Sportsmens' Club. (REFER
TO COUNTY COUNSEL AND DIRECTOR-DEVELOPMENT SERVICES
FOR APPROPRIATE RESPONSE)
f. John Peplowski, Peplowski & Associates, Grass
Valley - requests that the Board explain its denial
of a rezone for Dutch Ravine Sportsmena' Club, and
that the Board reconsider the rezone as soon as
possible. (REFER TO COUNTY COUNSEL AND DIRECTOR-
DEVEIAPMENT SERVICES FOR APPROPRIATE RESPONSE)
g. Charles E. Finney and Charles E. Skrabacz,
Petaluma - question the Board's denial of the Dutch
Ravine Sportsmens' Club rezone application. (REFER
TO COUNTY COUNSEL AND DIRECTOR-DEVELOPMENT SERVICES
FOR APPROPRIATE RESPONSE)
AD~70URNMENT: There being no further business before
the Board, the meeting was adjourned at
3:31 p.m. to reconvene on Tuesday,
May 11, 1993 at 9:00 a.m.
., ,
%
/ ; ~
MAR E HOUX, Chai
But County Board of Supervisors
ATTEST:
JOHN S. BLACK CR, Chief Adminietrative Officer
and Clerk ~the Board of Supervisors
By: .~ _ ,~_~ ~
Page 164
April 27, 1993