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HomeMy WebLinkAboutM042997BOARD OF SUPERVISORS MINUTES R. J. BEELER, 1st District JANE DOLAN, 2nd District MARY ANNE HOUR 3rd District CURT JOSIASSEN, 4th District FRED C. DAMS, 5th District April 29, 1997 Call to order - a special meeting pursuant to Government Code Section 54956, Board of Supervisors room, County Administration Building, 25 County Center Drive, Oroville. Present: Supervisors Beeler, Dolan, Houx, Thomas and Chair Davis. John S. Blacklock, Chief Administrative Officer; Susan Minasian, County Counsel; and Carol Roach, Assistant Clerk of the Board of Supervisors. Pledge of allegiance to the Flag of the United States of America. Regular Agenda 97-150 MATTERS ON WHICH PUBLIC HEARINGS HAVE BEEN HELD - County Service Area (CSA) charges for fiscal year 1997-98: A. Consideration of the adoption of resolution(s): 1. Declaring County Service Areas 31 (Biggs Swimming Pool), and 34 (Gridley Swimming Pool) as special benefit districts, geographically distinct within our County and providing extended services not generally available to the public in the rest of the County; 2. Declaring County Service Area No. 164 (Animal Control) as a special district where an election has previously been held approving the existing service charge; and 3. Repealing resolutions (nos. 97-45, 97-46, 97- 47 adopted April 8, 1997) calling elections regarding approval of special taxes in County Service Areas 31, 34 and 164. Action requested - ADOPT RESOLUTION(S) AND AUTHORIZE THE CHAIR TO SIGN. (FROM 4-22-97) Page 154 April 29, 1997 April 29, 1997 97-150 MOTION: I MOVE TO ADOPT RESOLUTION 97-55: 1. DECLARING COUNTY SERVICE AREAS 31 (BIGGS SWIMMING POOL), AND 34 (GRIDLEY SWIMMING POOL) AS SPECIAL BENEFIT DISTRICTS, GEOGRAPHICALLY DISTINCT WITHIN OUR COUNTY AND PROVIDING EXTENDED SERVICES NOT GENERALLY AVAILABLE TO THE PUBLIC IN THE REST OF THE COUNTY; 2. DECLARING COUNTY SERVICE AREA NO. 164 (ANIMAL CONTROL) AS A SPECIAL DISTRICT WHERE AN ELECTION HAS PREVIOUSLY BEEN HELD APPROVING THE EXISTING SERVICE CHARGE; AND 3. REPEALING RESOLUTIONS (NOS. 97-45, 97-46, 97-47 ADOPTED APRIL 8, 1997) CALLING ELECTIONS REGARDING APPROVAL OF SPECIAL TAXES IN COUNTY SERVICE AREAS 31, 34 AND 164, AND AUTHORIZE THE CHAIR TO SIGN. M S VOTE: 1 N 2 Y 3 Y 4 N 5 Y (Motion Carried) B. Consideration of the adoption of resolution(s): 1. Amending resolution nos. 97-45 and 97-96 calling elections regarding special taxes in County Service Areas 31 and 34; and 2. Amending resolution no. 97-47 calling an election regarding a special tax in County Service Area 164. Action requested - ADOPT RESOLUTION(S) AND AUTHORIZE THE CHAIR TO SIGN. (FROM 4-22-97) (NO ACTION TAKEN} Page 155 April 29, 1997 r-. April 29, 1997 97-150 C. Existing Service Charge Per Parcel - to consider the reimposition of existing charges per parcel listed in Exhibit A of proposed resolution (to include or not include County Service Areas 31, 34 and 164), pursuant to Government Code Section 25210.77a and Butte County Code Section 21-89 - action requested - ADOPT RESOLUTION REIMPOSING EXISTING SERVICE CHARGES FOR FISCAL YEAR 1997-98 AND AUTHORIZE THE CHAIR TO SIGN. (FROM 4-22-97) MOTION: I MOVE TO ADOPT RESOLUTION 97-56 REIMPOSING EXISTING SERVICES CHARGES FOR FISCAL YEAR 1997-98, AMENDED TO INCLUDE THE FOLLOWING FINDING: IT IS FOUND THAT EACH OF THE FEES IMPOSED BY THIS RESOLUTION: DO NOT EXCEED THE COST OF THE SERVICES TO BE PROVIDED IN EACH OF THE RESPECTIVE COUNTY SERVICE AREAS OR ZONES OF BENEFIT; ARE TO BE USED ONLY FOR THE PURPOSE OF PROVIDING THE EXTENDED SERVICES IN EACH OF THE RESPECTIVE COUNTY SERVICE AREAS OR ZONES; DO NOT EXCEED THE PROPORTIONAL COST OF THE EXTENDED SERVICES TO BE PROVIDED TO EACH AFFECTED PARCEL OF REAL PROPERTY; AND ARE FOR EXTENDED SERVICES WHICH ARE USED BY OR IMMEDIATELY AVAILABLE TO THE OWNER OF EACH SUCH AFFECTED PARCEL OF REAL PROPERTY.", AND AUTHORIZE THE CHAIR TO SIGN. S M VOTE: 1 N 2 Y 3 Y 4 N S Y (Motion Carried) D. Consideration of the adoption of a resolution (motion of intent on April 22, 1997): 1. Imposing new/incremental service charges as amended in the specified county service areas in compliance with the procedural requirements of California Constitution Article XIII D, Section 6, as enacted by Proposition 218 - action requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (FROM 4-22-97) MOTION: I MOVE TO ADOPT RESOLUTION 97-57 IMPOSING NEW/INCREMENTAL SERVICE CHARGES AS AMENDED IN THE SPECIFIED COUNTY SERVICE AREAS IN COMPLIANCE WITH THE PROCEDURAL REQUIREMENTS OF CALIFORNIA CONSTITUTION ARTICLE XIII D, SECTION 6, AS ENACTED BY PROPOSITION 218, AND AUTHORIZE THE CHAIR TO SIGN. M 9 VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) Page 156 April 29, 1997 ril 29, 1997 97-151 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. (1901 1. Jane Davis, Biggs - to thank Supervisor Josiassen for asking County Counsel what it would cost to go to litigation on Proposition 218, and thinks it is wrong that the public does not have a right to know what that figure is. 97-152 CLOSED SESSION: The Board recessed at 10:10 a.m. to a closed session conference with legal counsel for a public employee performance evaluation pursuant to Government Code Section 54957: Director-Personnel; and a conference with legal counsel for a public employee appointment pursuant to Government Code Section 54957: Director-Information Systems. RECESS: 12:15 P.M. RECONVENE IN CLOSED SESSION: 1:20 P.M. RECONVENE: The Board reconvened at 3:38 p.m. following a closed session conference with legal counsel for a public employee performance evaluation pursuant to Government Code Section 54957: Director- Personnel; and a conference with legal counsel for a public employee appointment pursuant to Government Code Section 54957: Director-Information Systems. (NO ANNOUNCEMENTS) Page 157 April 29, 1997 April 29, 1997 ADJOURNMENT: There being no further business before the Board, the meeting was adjourned at 3:38 p.m. to reconvene on Tuesday, May 13, 1997 at 9:00 a.m. ATTEST: JOHN S. BLACKLOCK, Chief Administrative Officer and Clerk of a Board of Supervisors By: Page 158 April 29, 1997 Board of Supervisors