HomeMy WebLinkAboutM051193Call to order - Board of Supervieors room, County
Administration Building, 25 County Center Drive,
Oroville. Supervisors Dolan, McLaughlin, Meyer, Thomas
and Chair Houx present. John S. Blacklock, Chief
Administrative Officer; Neil H. McCabe, Assistant County
Counsel; and Carol Roach, Assistant Clerk of the Board.
Pledge of allegiance to the Flag of the United States of
America.
93-167 Items removed from the Consent Agenda for Board
consideration and action:
1. Public Aealth Department - Board authorization is
requested to purchase one 486DX/33 computer, three
Wyse terminals, model 150, with ANSI keyboards and
green monitor, four laser printers, and related
peripheral equipment in the maximum amount of
$12,500 (100$ trust funds). The requested computer
equipment will allow for upgrading and expansion of
the current Automated Vital Statistic Systems
(AVSS) (currently Enloe Hospital and the Public
Health Department are hooked into the system) to
include Feather River Hospital and Oroville Medical
Center. Budqet transfer B-167 has been prepared
for the necessary appropriation - action
requested - APPROVE PURCHASE OF FIXED ASSET ITEMS.
2. Superior Court - Board authorization is requested
for the purchase of two 486DX personal computers,
monitors, with related peripheral equipment and
software in the maximum amount of $4,50o from the
Court's current budget. Budqet transfer B-170 has
been prepared for the necessary appropriation -
action requested - APPROVE PURCHASE OF FIXED ASSET
ITEMS.
Paqe 165
May 11, 1993
93-167 3. Introduction of a salary ordinance amendment
establishing a new classification of Licensed
Vocational Nurse (salary ranqe 148) due to the
inability to attract viable Registered Nurses to
fill current vacancies at the higher level position
of Clinic Nurse (salary range 188). The Personnel
Department has met with the Butte County Employees
Association (BCEA) on two separate occasions as per
the General Unit Memorandum of Understandinq,
Section 4.05, and has reached an impasse - action
requested - WAIVE READING OF THE ORDINANCE. (NO
ACTION TAKEN)
93-168 1. Approval of minutes - action requested - APPROVE
MINUTES OF APRIL 27, 1993.
2. Budget transfers - action requested - APPROVE B-165
(CSA 130-RICHARDSON SPRINGS), B-166 (CSA 130-
RICHARDSON SPRINGS), B-167 (PUBLIC I~iEALTH-GENERAL
SERVICES), B-168 (WELFARE-ADMINISTRATION), B-169
(ADMINISTRATION), B-170 (SUPERIOR COURT), B-171
(WORKER'S COMPENSATION), B-172 (SHERIFF-
ADMINISTRATION), B-173 (NORTH BUTTE COUNTY
MUNICIPAL COURT), B-176 (PUBLIC HEALTH-GENERAL), B-
177 (MENTAL HEALTH-ADMINISTRATION), AND B-178
(MENTAL HEALTH-ADMINISTRATION).
3. County Library donations - in accordance with
Government Code Section 25355, donations of $2,500
from Gridley Friends of the Library, and $1,061.47
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.
4. Greater Chico Chamber of Commerce - Board
authorization is requested to accept a donation of
$100 from the Chamber to help pay for expenses for
the May 4, 1993 tour of County facilities - action
requested - ACCEPT DONATION AND AUTHORIZE LETTER OF
APPRECIATION.
5. Oroville Chamber of Commerce - Board authorization
is requested to accept a donation of $50 from the
Chamber to help pay for expenses for the May 4,
1993 tour of County facilities - action requested -
ACCEPT DONATION AND AUTHORIZE LETTER OF
APPRECIATION.
Paqe 166
May 11, 1993
~,y 11. 1993
93-168 6. Air Pollution Hearinq Board - action requested -
REAPPOINT CARL LEVERENZ TO SERVE UNTIL JANUARY 18,
1996.
7. Private Industry Council - action requested -
APPOINT PAT CRAGAR (WELFARE ADMINISTRATOR
POSITION).
8. Canyon Park Estates II Specific Plan - in early
1982, the Board of Supervisors adopted Resolution
No. 82-63 desiqnating Canyon Park Estates IZ as a
Specific Plan. A rezone and tentative subdivision
map were also approved, and based upon the outcome
of subsequent litiqation, were rescinded. As a
result of neqotiations between the County, property
owners and litigants, County Counsel and Planning
staff have agreed that the Specific Plan needs to
be rescinded since it is no lonqer representative
of the General Plan or zoninq qoals and policies -
action requested - INITIATE ACTION TO RESCIND THE
CANYON PARK ESTATES II SPECIFIC PLAN AND DIRECT
STAFF TO SET THIS ITEM FOR HEARINGS BEFORE THE
PLANNING COMMISSION.
9. Chico Gardens Subdivisian - tentative subdivision
map - Pat and Denese Orr have provided a Pledqe to
Secure Performance of Subdivision Aqreement to
quarantee construction of road and drainaqe
facilities for this subdivision - action
requested - AUTHORIZE THE CHAIR TO SIGN
ACKNOWLEDGEMENT OF RECEIPT OF PLEDGE TO SECURE
PERFORMANCE OF SUBDIVISION AGREEMENT.
10. Conveyance of Development Rights and Open Area
Easement (homesite) - pursuant to Use Permit No.
93-13 (John Sheppard, AP 038-250-006), special
condition no. 2, Phillip L. and Jeannette C.
Peterson have executed a Conveyance of Development
Rights and Open Area Easement - action requested -
APPROVE CONVEYANCE AND AUTHORIZE THE CHAZR TO SIGN
THE CERTIFICATE OF ACCEPTANCE.
11. Albert A. and Ruth A. Sirmans - substitution of
trustee and full reconveyance - Butte County Title
Company requests that the County execute a
Substitution of Trustee (making the County a
trustee rather than the beneficiary) in order that
certain property, the sub~ ect of a Deed of Trust,
can be reconveyed. The oriqinal Deed of Trust and
Promissory Note have been lost. The request has
been reviewed by County Counsel - action
requested - APPROVE THE SUBSTITUTION OF TRUSTEE AND
FULL RECONVEYANCE AND AUTHORZZE THE CHAIR TO SIGN.
Paqe 167
May 11, 1993
93-168 12. Conveyance of County property - proposed is the
conveyance of AP 26-14-2-005 (Palermo Community
Center property) to the Feather River Recreation
and Park District for $1,000 cash - action
requested - APPROVE THE CONVEYANCE OF PROPERTY AND
AUTHORIZE THE CHAIR TO SIGN THE QUIT CLAIM DEED ON
BEHALF OF THE COUNTY.
13. Probation Department - Board authorization is
requested for the purchase of a sheet feeder for an
existing copy machine and a modular four drawer
pull out filinq cabinet in the maximum amount of
$2,000 (100$ State funds). Budqet transfer B-174
has been prepared for the necessary
appropriation - action requested - APPROVE BUDGET
TRANSFER B-174 AND PURCHASE OF FIXED ASSET ITEMS
CONTINGENT UPON WRITTEN CONFIRMATION BY STATE THAT
GRANT MODIFICATION HAS BEEN APPROVED.
14. Probation Department - Board authorization is
requested to purchase six two-way radios to be used
for security purposes in the Juvenile Hall at a
cost of $438 each from existing fixed asset funds -
action requested - APPROVE PURCHASE OF FIXED ASSET
ITEMS.
15. Public Health Department - Board authorization is
requested to purchase a portable video unit, in the
maximum amount of $800 ~100$ State), to be utilized
for educational proqrams directed toward improvinq
the health of mothers and infants. Budqet transfer
B-176 has been prepared for the necessary
appropriation - action requested - APPROVE PURCHASE
OF FIXED ASSET ITEM.
16. Public Health Department - Board authorization is
requested to purchase a computer, peripheral
equipment and printer in the maximum amount of
$3,500 (100$ State) for utilization in the AIDS
Proqram to assist with case manaqement and follow
up activities. Budqet transfer B-175 has been
prepared for the necessary appropriation - action
requested - APPROVE BUDGET TRANSFER B-175 AND
PURCHASE OF FIXED ASSET ITEMS CONTINGENT UPON
RECEIPT OF SIGNED AGREEMENT FROM THE STATE.
17. Sheriff-Coroner - Board authorization is requested
to purchase four hand held radios to be used by
deputies in the Civil Division in the maximum
amount of $2,000 (trust fund/civil equipment).
Budqet transfer B-172 has been prepared for the
necessary appropriation - action requested -
APPROVE PURCHASE OF FIXED ASSET ITEMS.
Paqe 168
May 11, 1993
May 11, 1993
93-168 18. Award of bid (61-93) - bids have been opened for
the purchase of 11 clerical/computer modular work
stations and 12 chairs (ten work stations and
chairs approved in the budqet) for the Welfare
Department with the low bidder meetinq
specifications beinq Western Contract Furnishers of
Rancho Cordova - action requested - AWARD BID (61-
93) IN THE AMOUNT OF $27,272.71.
19. Welfare Department - food stamp issuance computer
equipment - Board authorization is requested for
the purchase of two personal computers, peripheral
equipment and software, and one laser printer in
the maximum amount of $6,900 from within the
department budqet. Budqet transfer B-168 has been
prepared for the necessary appropriation - action
requested - APPROVE PURCHASE OF FIXED ASSET ITEMS.
20. Greater Chico Redevelopment Agency - pursuant to
Health and Safety Code Section 33328, the Auditor-
Controller submits a report to taxinq agencies,
Greater Chico Redevelopment Project - action
requested - ACCEPT FOR INFORMATION.
21. 1993/94 Tax and Revenue Anticipation Notes
(TRANs) - on March 9, 1993 the Board approved
participation in a pooled TRAN proqram throuqh the
California State Association of Counties (CSAC)
Joint Powers Aqency. Board authorization is
requested for a resolution authorizing the
borrowing of funds in the maximum amount of
$15,000,000 (to be determined by the Treasurer-Tax
Collector and Auditor-Controller) for fiscal year
1993-94, the issuance and sale of a 1993-94 Tax and
Revenue Anticipation Note, and participation in the
California Cash Flow Financing Program - action
requested - ADOPT RESOLUTION 93-59, APPROVE AMENDED
AND RESTATED JOINT EXERCISE OF POWERS AGREEMENT
RELATING TO THE CALIFORNIA STATEWIDE COMMUNITIES
DEVELOPMENT AUTHORITY AND AUTHORIZE THE CHAIR TO
SIGN.
Page 169
May 11, 1993
93-168 22. Richardson Sprinqs Waste water Improvement
Project - Phase II - on February 23, 1993, the
County received the siqned Small Community Grant
No. SCG-250-020 in the amount of $62,030 for Phase
II of the project. On March 23, 1993 contract
amendments with Charpier, Martin & Associates for
enqineerinq services, and Community Housinq
Improvement Proqram (CHIP) for administrative
services were approved in conjunction with this
qrant. On April 28, 1993 Youth with a Mission
contributed $19,326 as its share of this phase of
the project. Budget transfer B-166 has been
prepared for the necessary appropriation - action
requested - AUTHORIZE APPROPRIATION OF
UNANTICIPATED REVENUE IN THE AMOUNT OF $81,356.
23. Adoption of a salary ordinance amendment
reclassifyinq a Paraleqal 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 - ADOPT ORDINANCE
3067 AND AUTHORIZE THE CHAIR TO SIGN.
24. Adoption of a salary ordinance amendment
reclassifying one position of Correctional Officer
(salary ranqe 137) to Senior Correctional Officer
(salary ranqe 163). The Sheriff-Coroner, shortly
after takinq 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 -
ADOPT ORDINANCE 3068 AND AUTHORIZE THE CHAIR TO
SIGN.
25. Introduction of a salary ordinance amendment which
corrects the salary ranqe level for the position of
Lead - Fabricator-Welder/Mechanic to reflect the
actual rate of pay the incumbent is currently and
correctly receiving; corrects to b522 the assiqned
class code number for Youth Services Worker;
corrects to nine the total number of allocated
positions for District Attorney - Welfare Fraud;
and corrects to three the total number of allocated
positions for Administrative - Self Insurance. The
changes to be made do not add any additional
positions - action requested - WAIVE READING OF THE
ORDINANCE.
Paqe 170
May il, 1993
May 11. 1993
93-168 26. Resolution authorizinq the Director of Public Works
to execute all qrant applications and contracts for
the Federal Transit Administration (FTA) Grant
Proqram - action requested - ADOPT RESOLUTION 93-60
AND AUTHORIZE THE CHAIR TO SIGN.
27. Resolution desiqnatinq May 12, 1993 as California
Probation, Parole and Correctional Association Day
in Butte County - action requested - ADOPT
RESOI,~JTION 93-61 AND AUTHORIZE THE CHAIR TO SIGN.
28. Resolution amendinq the composition of the Private
Industry Council (PIC) - the Job Traininq
Partnership Act (P.L. 97-300) was amended in
September of 1992 to include an expanded membership
for the Private Industry Council. Effective July
1, 1993 the PIC must include an additional seat
from a community based organizatian (CBO) or
orqanized labor - action requested - ADOPT
RESOLUTION 93-62 AND AUTHORIZE THE CHAIR TO SIGN.
29. Resolution changing the name of the Board of
Appeals for Handicapped Facilities to Board of
Appeals for Disabled Access - action requested -
AD4PT RESOLUTION 93-63 AND AUTHORIZE THE CHAIR TO
SIGN.
30. Assiqnment of Counsel - County Counsel proposes
assigning Brewer v. County vf Butte and Baker v.
County of Butte to the law firm of Marsh, Marsh &
Volpe - action requested - APPROVE ASSIGNMENT OF
COUNSEL.
31. Nacht & Lewis architect aqreement - amendment no.
2- the amendment, in the increasing amount of
$5,000, provides for addinq an alternate 24" water
line relocation desiqn and incorporates changes
into the utility relocation desiqn. The new amount
of the contract is $375,000 which is covered by
State Jail Bond Act funds - action requested -
APPROVE AMENDMENT NO. 2 TO AGREEMENT AND AUTHORIZE
THE CHAIR TO SIGN.
32. 1992/93 County af Butte County/Glenn County - a
contract is currently in place for the County's
Mental Health Department to provide "acute
psychiatric inpatient care" to residents of Glenn
County in the maximum amount of $46,000. The
proposed amendment increases the maximwn amount
payable by Glenn County to $60,000 - action
requested - APPROVE AMENDMENT TO CONTRACT AND
AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF
COUNTY COUNSEL AND THE AUDITOR-CONTROLLER.
Paqe 171
May 11, 1993
May 11, 1993
93-168 33. Crestwood Hospital, Inc. - Board authorization is
requested for an agreement for the provision of
I.M.D. patch services retroactive to November 1,
1992 and ending June 30, 1993 in the amount of
$10.00 per bed day for a total of 2,424 bed days,
for a maximum of $24,240 (realiqnment) reimbursable
under this contract. In past years, Butte County
paid a patch rate only. With I.M.D. contracts
beinq transferred from State to County
responsibility, the County now pays the daily rate
also. Budqet transfer B-177 has been prepared for
the necessary appropriation - action requested -
APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN.
34. Crestwood Hospital, Inc. dba Crestwood, Angwin -
Board authorization is requested for an agreement
for the provision of I.M.D. patch services
retroactive to July 1, 1992 throuqh June 30, 1993
in the amount of $50.00 per patient day for a
maximum of 365 bed days, for a maximum of $18,250
(realignment) - action requested - APPROVE
AGRE~NT AND AUTHORIZE THE CHAIR TO SIGN.
35. Butte County Office of Education (BCOE) - proposed
is an amendment to an agreement entitled "School
Based Prevention and Coordination Services" (no.
92-93/04A) providinq for an increase of $6,259 to
provide Friday Niqht Live and Club Live activities
as well as a Youth Leadership Conference. These
activities will be implemented via this contract as
well as some activities related to Youth Services'
Hiqh Risk Youth Set-aside qrant requirements -
action requested - APPROVE AMENDMENT TO CONTRACT
AND AUTHORIZE THE CHAIR TO SIGN.
36. Occupational Health Services Corporation (OHS) -
the proposed renewal agreement for employee
assistance proqram services commences May 1, 1993
to April 30, 1994. The renewal rate of $3.89 per
employee (County expense), per month, represents a
reduction in the number of visits available from
ten to eight visits. The employee associations
have agreed to the changes - action requested -
APPROVE CONTRACT RENEWAL AND AUTHORIZE THE
DIRECTOR-PERSONNEL TO SIGN SUBJECT TO APPROVAL OF
COUNTY COUNSEL AND THE AUDITOR-CONTROLLER.
37. Private Industry Council (PIC) - Job Training
Partnership Act (JTPA) Plan Grant - Board approval
is requested for a modification to the existing
JTPA Plan to incorporate 1993/94 fundinq, and an
agreement outlininq the roles and responsibilities
between the Private Industry Council and the
County - action requested - APPROVE AGREEMENT AND
PLAN MODIFICATION AND AUTHORIZE THE CHAIR TO SIGN.
Paqe 172
May 11, 1993
93-168 38. 1990-91 Rural Health Services Proqram - amendment -
the State Department of Health Services has
recalculated the maintenance of effort level for
Butte County for 1990-91, and included the revised
amount, which will not affect the amount of funds
available to the County, in this amendment. The
maintenance of effort amount identifies the minimum
amount of County health expenditures needed to
qualify for receipt of rural health services
funds - action requested - APPROVE AMENDMENT TO
AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT
TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-
CONTROLLER.
39. 1992-93 Rural Health Services Program - the 100
percent State funde ($206,888) will be utilized to
help cover the cost of noncompensated hospital and
physician medical care provided to County
residents. Disbursement of the Hospital ($64,956)
and Physician ($59,109) portions of the funds will
be administered by the State. Disbursement of the
Other ($82,823) portion of the funds will be
handled by the Department of Public Health.
Contracts will be prepared with hospitals
interested in receivinq the available funds -
action requested - APPROVE AGREEMENT AND AUTHORIZE
THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY
COUNSEL AND THE AUDITOR-CONTROLLER.
40. State Department of Health Services - the proposed
agreement (92-16124) sets up the mechanism by which
participatinq Butte County departments (Welfare,
Mental Health, Public Health, Public Guardian) can
submit claims throuqh the State Department of
Health Services for Federal reimbursement for
administration of health related case management of
Medi-Cal clients. The Department of Public Health
will act as the lead aqency for Butte County,
coordinating claim submission for participating
County departments. The maximwn payable by the
State under this aqreement is $165,000 for 1992-93
and $216,000 for 1993-94 - action requested -
APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN
SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE
AUDITOR-CONTROLLER.
Paqe 173
May 11, 1993
93-168 41. Metcalf and Eddy - the additional one year of
precautionary water quality monitorinq at the Chico
Public Works corporation yard authorized November
19, 1991, has been completed. The Regional Water
Quality Control Board has declared that additional
investigation will not be required. The firm of
Metcalf and Eddy, which has provided all of the
site water quality monitoring services, has
submitted a letter proposal to destroy the two
existinq monitorinq ~rells to preclude the
possibility of surface contamination of groundwater
via the existing wells, at a cost estimated at
$3,000 (restricted funds) - action requested -
AUTHORIZE THE WORK OF DESTROYING THE TWO EXISTING
GROUNDWATER MONITORING WELIS BY METCALF AND EDDY,
ZN ACCORDANCE WITH THEZR LETTER PROPOSAL OF
APRIL 29, 1993, AT A COST NOT TO EXCEED $3,000
WITHOUT PRIOR PUBLIC WORKS APPROVAL.
42. County of Butte/Lake Madrone Water District -
proposed is an agreement for general law
enforcement services to the District for 286 hours
commencing May 21, 1993 and continuinq throuqh
September 6, 1993 or until the 286 hours have been
expended. The District shall pay the County the
total sum of $3,665.78. These duties will be
filled with extra help reserve deputy sheriffs -
action requested - APPROVE AGREEMENT AND AUTHORIZE
THE CHAIR TO SIGN.
43. Pitney Bowes/Welfare Department - proposed is a
five year equipment lease for a renovated Model
3144 four station console insertinq machine with
postage meter for five years commencinq
November 1, 1992 and endinq on October 31,
1997. The lease has substantial savinqs to the
County. By post datinq the aqreement, there is an
immediate reduction in the monthly rental payment
of $1,428.84 to a lease payment of $437.30 per
month - action requested - APPROVE LEASE AGREEMENT
AND AUTHORIZE THE CHAIR TO SIGN.
44. Cleanup Week of Southside, Oroville - Board
authorization is requested for use of Housing and
Urban Development (HUD) Program Income, not to
exceed $5,000, for the Southside of Oroville area
cleanup efforts - action requested - AUTHORIZE USE
OF HUD PROGRAM INCOME TO PAY LANDFILL FEES.
Page 174
May il, 1993
93-168 45. Butte County Mosquito Abatement District - action
requested - PURSUANT TO HEALTH AND SAFETY CODE
SECTION 2226, ADOPT RESOLUTION 93-64 CHANGING THE
NAME OF THE BUTTE COUNTY MOSQUITO ABATEMENT
DISTRICT TO BUTTE COUNTY MOSQUITO AND VECTOR
CONTROL DISTRICT AND AUTHORIZE THE CHAIR TO SIGN.
MOTION: I MOVE TO APPROVE THE CONSENT AGENDA WITH THE
REMOVAL OF ITEMS 3.15, 3.19 AND 3.27.
S 1+~
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y(Unanimously Carried)
(CHAIR HOUX ABSTAINED FROI~ VOTING ON ITEM 3.22 [GREATER
CHICO REDEVEIAPMENT AGENCY])
93-169 Appointments - commissions and committees.
a. Appointments to committee vacancies. (NONE)
b. Citizens Advisory Committee for Energy, Natural
Resources and Recreation Element; Transportation
Task Force - Upper Ridqe; and U. S. Forest Service
Land Exchanqe Committee - action requested -
DISBAND INACTIVE COI~ITTEES. (48)
MOTION: I MOVE TO DISBAND THE CITIZENS ADVISORY
COMMITTEE FOR ENERGY, NATURAL RESOURCES AND
RECREATION ELEMENT AND THE TRANSPORTATION TASK
FORCE - UPPER RIDGE, AND TO RETAIN THE U. S.
FOREST SERVZCE LAND EXCHANGE COMMITTEE.
S M
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y(Unanimously Carried)
93-170 Upper Ridqe Municipal Advisory Council (URMAC) - action
requested:
A. ADOPTION OF A RESOLUTION ESTABLISHING THE UPPER
RIDGE MUNICIPAL ADVISORY COUNCIL (URMAC);
MOTION: I MOVE TO ADOPT RESOLUTION 93-65 ESTABLISHING
THE UPPER RIDGE MUNICIPAL ADVISORY COUNCIL
(URMAC) REITERATING FOR THE RECORD THAT THERE
IS NO REQUEST FOR COUNTY STAFF. THE STAFF
THAT WILL BE REQUIRED WILL BE VOLUNTEER.
S M
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y(Unanimously Carried)
Page 175
May 11, 1993
93-170 B. APPOINT MADELYN HENRY (AREA 1); FRED DAVIS (AREA
2); RENT ASH (AREA 3); DAVID SARVARY (AREA 4); AND
KATHY ERISMAN (AREA 5).
MOTION: I MOVE TO APPOINT
DAVIS (AREA 2);
SARVARY (AREA 4);
S M
MADELYN HENRY (AREA 1); FRED
KENT ASH (AREA 3); DAVID
AND KATHY ERISMAN (AREA 5).
VOTE: 1 2 3 4 5(Motion and Second Withdrawn)
(CONTINUED UNTIL THIS AFTERNOON/REFER TO MINUTE ORDER 93-
182)
93-171 Transient Occupancy Tax Committee recommendations -
action requested - DIRECT STAFF TO PREPARE A REVISED
TRANSIENT OCCUPANCY TAX ORDINANCE IN CONFORMANCE WITH THE
COMMITTEE'S RECOMI~NDATIONS. (390)
MOTION: I MOVE TO DIRECT STAFF TO PREPARE A REVISED
TRANSIENT OCCUPANCY TAX ORDINANCE (A) TO
GUARANTEE TO THE COMMITTEE AN UP FRONT $3,000
REVENUE ALLACATION FOR FISCAL YEAR 1993-94;
(B) TO ALIACATE UP TO $22,000 TO THE COUNTY
GENERAL FUND; (C} TO ALI,OCATE $22,001 TO
$44,000 TO MEET THE GOAIS OF THE COMMITTEE FOR
THE PROMOTION OF COUNTY TOURISM; (D) TO
ALI,OCATE $44,001 AND ABOVE 50/50 COUNTY
GENERAL FUND AND PROMOTION OF TOURISM; AND
(E) INCLUDE THE COMMITTEE RECOMMENDATIONS TO
RETAIN THE SIX PERCENT RATE, TO EXTEND THE TAX
TO RECREATIONAL VEHICLE PARKS AND CAMPGROUNDS,
TO SEEK LEGISLATIVE AUTHORITY TO EXTEND THE
TAX TO HOUSEBOAT RENTAIS, AND TO STRENGTHEN
ENFORCEMENT PROVISIONS.
M S
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y(Unanimously Carried)
(BOARD DIRECTION TO THE TREASURER-TAX COLLECTOR TO RETAIN
THE TRANSIT OCCUPANCY TAX COMMITTEE IN AN ADVISORY
CAPACITY)
Paqe 176
May 11, 1993
Mav 11. 1993
93-172 Adoption of an ordinance to prevent State confiscation of
property taxes collected in Butte County and to provide
for proper apportionment and disbursement thereof -
action requested - ADOPT ORDINANCE AND AUTHORIZE THE
CHAIR TO SIGN. (1420)
MOTION: I MOVE TO ADOPT ORDINANCE 3069 AND AUTHORIZE
THE CHAIR TO SIGN; AND THAT COPIES OF THE
ORDINANCE BE SENT TO ALL OTHER COUNTIES,
CITIES, SPECIAL DZSTRICTS, REDEVELOPMENT
AGENCIES, COUNTY LEGISLATORS, GOVERNOR WILSON
AND FINANCE DIRECTOR HAYES WITH A COVER LETTER
HIGHLIGHTING THE CHANGES BUTTE COUNTY HAS MADE
TO THE ORDINANCE IN ORDER TO ADDRESS THE
SIMILAR CONCERNS OF SPECIAL DISTRICTS, CITIES
AND REDEVELOPMENT AGENCIES TO ENABLE THEM TO
JOIN WITH THE COUNTY IN THIS EFFORT.
M S
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y(Unanimously Carried)
93-173 Webb Homes Subdivisions (Amber Grove I, Amber Grove II
and Greenfield) - action requested :
A. DETERMINE STATUS OF MORATORIUM; AND
B. UPON TERMINATION OF MORATORIUM, AUTHORIZE USE OF
COUNTY PROPERTY FOR SEWER FACILITIES; ACCEPT $5,000
FOR PURCHASE OF EASEMENT; GRANT CITY OF CHICO A
DEED FOR THE EASEMENT FOR SEWER FACILITIES; AND
AUTHORIZE THE CHAIR TO SIGN DEED. (1806)
MOTION: FINDING THAT THE SEWER SERVICE AREA HAS
EXPANDED TO INCLUDE THIS AREA, THE BOARD
CONCURS WITH THE LIFTING OF THE MORATORIUM.
M S
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y(Unanimously Carried)
MOTION: I MOVE TO AUTHORIZE USE OF COUNTY PROPERTY FOR
SEWER FACILITIES; ACCEPT $5,000 FOR PURCHASE
OF EASEMENT; GRANT CITY OF CHICO A DEED FOR
THE EASEMENT FOR SEWER FACILITIES; AND
AUTHORIZE THE CHAIR TO SIGN THE DEED.
M S
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y(Unanimously Carried)
RECESS: 10:08 A.M.
RECONVENE: 10:17 A.M.
PRESENT)
Page 177
(SUPERVISOR McLAUGHLTN NOT
May 11, 1993
Public Hearincs and Timed Items
93-174 Continued hearing - Robert Banes - consideration of an
appeal of the City of Oroville Planning Commission's
action conditionally approvinq a use permit in the
Oroville Enterprise Zone (proposed negative declaration)
to allow the construction and operation of a service
station/mini mart on property zoned M-2 (industrial),
property located on the north side of Ophir Road between
Highway 70 and Feather River Boulevard, AP 036-520-052,
Oroville area. (2066) (NO ACTION TAKEN)
93-175 Public hearing - Wayne Stout, c/o Eden Roc Realty, Inc. -
abandonment of a public utility overhead easement, lot 76
of Paradise Pines Unit No. 5, identified as AP 064-400-
041, Paradise Pines - action requested - ADOPT RESOLUTION
AND AUTHORIZE THE CHAIR TO SIGN. (2085)
MOTION: I MOVE TO FIND THAT (A) THIS PROJECT IS
CATEGORICALLY EXEMPT FROM ENVIRONMENTAL
REVIEW; (B) THE ABANDONMENT IS IN CONFORMANCE
WITH THE BUTTE COUNTY GENERAL PLAN; AND
(C) ADOPT RESOLUTION 93-66 APPROVING THE
ABANDONMENT OF A PUBLIC UTILITY OVERHANG
EASEMENT ON A PORTION OF LOT 76 OF PARADISE
PINES UNIT 5 (AP 064-400-041).
M S
VOTE: 1 Y 2 Y 3 Y 4 NP 5 Y (Unanimously Carried)
93-176 Public hearing - Jeff Farrar - abandonment of a right-of-
way on Chico Canyon Road, from Centennial Avenue,
easterly adjoining AP 011-030-059, Chico - action
requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO
SIGN. (2152)
MOTION: I MOVE TO FIND THAT (A) THIS PROJECT IS
CATEGORICALLY EXEMPT FROM ENVIRONMENTAL
REVIEW; (B) THE ABANDONMENT IS IN CONFORMANCE
WITH THE BUTTE COUNTY GENERAL PLAN; AND (C)
ADOPT RESOLUTION 93-67 APPROVING THE
ABANDONMENT OF A PUBLIC RIGHT OF WAY, A
PORTION OF CHICO CANYON ROAD, CHICO (JEFF
FARRAR) SUBJECT TO THE FOLI,OWING CONDITIONS:
(1) RESERVE A 20 FOOT WIDE PUBLIC UTILITY
EASEMENT, 10 FOOT ON EITHER SIDE OF THE
EXISTING UTILITY POLE LINES; AND (2) RESERVE
AN EASEMENT TO TIiE CITY OF CHICO FOR
PEDESTRIAN AND BICYCLE ACCESS AND FOR VEHICLE
ACCESS TO THE POLICE PISTOL RANGE.
S M
VOTE: 1 Y 2 Y 3 Y 4 NP 5 Y(Unanimously Carried)
Page 178 May li, 1993
~ay 11, 1993
93-177 Continued hearing - David Strunk on behalf of Elizabeth
Metzger (Orchard Acres) - consideration of an appeal of
the Development Review Committee~s denial of a tentative
subdivision map (item for which an environmental impact
report has been certified), AP 39-25-30, 48 lots,
property located on the northwest corner of Holland
Avenue and Hanlon Road, Durham area. (2283) (**00}
(PUBLIC HEARING CLOSED)
MOTION: I MOVE TO SUPPORT THE DEVELOPMENT REVIEW
COMMITTEE'S DENIAL, AND MAKE A MOTION OF
INTENT TO DENY THE PROJECT SO THAT STAFF MAY
PREPARE A MOTION WITH THE APPROPRIATE
FINDINGS.
S M
VOTE: 1 Y 2 Y 3 Y 4 NP 5 Y(Unanimously Carried)
RECESS: 11:55 A.M.
RECONVENE: 12:02 P.M. (SUPERVISOR McLAUGHLZN NOT
PRESENT)
93-178 Public hearinq - consideration of a draft General Plan
Housing Element for Butte County (proposed negative
declaration with mitigation measures). The Housing
Element is one of the seven elements of the Butte County
General Plan required by State law. The purpose of the
public hearing is to explain the contents of the Housing
Element and the proposed housing programs and to solicit
public comments on both the factual background
information in the Element and the proposed programs.
The Housing Element applies to the unincorporated County
area only - action requested - ADOPT RESOLUTION ADOPTING
AN UPDATED HOUSING ELEMENT OF THE BUTTE COUNTY GENERAL
PLAN. (2430)
MOTION: I MOVE TO ADOPT RESOI~IJTION 93-68, AMENDED TO
INCLUDE THE AMENDMENTS INCLUDED IN STAFF MEMO
DATED MAY 5, 1993 AND CORRECTED TO REFLECT ON
PAGE 5, ITEM 3., LINE 4"IT MAY ~,1„Q~ BE
DESIRABLE.....", ADOPTING AN UPDATED HOUSING
ELEMENT OF THE BUTTE COUNTY GENERAL PLAN.
M S
VOTE: 1 Y 2 Y 3 Y 4 NP 5 Y(Unanimously Carried)
RECESS: 12:13 P.M.
RECONVENE: 1:48 P.ld. (SUPERVISOR MCLAUGHLIN NOT
PRESENT)
Paqe 179
May 11, 1993
end
93-179 Consideration of a late appeal pursuant to Butte County
Code Section 20-66(c) - boundary line modification,
AP 58-16-121 and 122, Development Review Committee's
Condition No. 5(Verification of leqal access to each
parcel from a publicly maintained road) - action
requested:
A. AUTHORIZE LATE APPEAL, AND UPON PAYMENT OF THE
APPROPRIATE APPEAL FEE, DIRECT THE CLERK OF THE
BOARD TO SET THE MATTER FOR PUBLIC HEARZNG, OR
B. DENY THE REQUEST. (2928) (***00)
MOTION: I MOVE TO FIND THAT THERE IS GOOD AND
SUFFICIENT REASON (APPLICANT'S UNDERSTANDING
OF APPEAL PROCEDURE AS OUTLINED IN THE
MARCH 16, 1993 LETTER FROIri THE DEPARTMENT OF
DEVELOPMENT SERVICES TO APPLICANT WAS THAT THE
TEN DAY APPEAL REQUIREMENT DID NOT APPLY TO
HIM BUT TO PERSON(S) WISHING TO APPEAL THE
DEVELOPMENT REVIEW COMi~ITTEE' S APPROVAL OF THE
BOUNDARY LINE MODIFICATION), AUTHORIZE LATE
APPEAL, AND UPON PAYMENT OF THE APPROPRIATE
APPEAL FEE, DIRECT THE CLERR OF THE BOARD TO
SET THE MATTER FOR PUBLIC HEARING.
M S
VOTE: 1 Y 2 Y 3 Y 4 NP 5 Y(Unanimously Carried)
93-180 Consideration of a proposal to amend salary ordinance to
add Supervisor~s Clerical Assistant as an alternative to
the current position of Supervisor's Administrative
Assistant - action requested - DIRECT THE DIRECTOR-
PERSONNEL TO PREPARE THE APPROPRIATE SALARY ORDINANCE
AMENDMENT . ( 7 2 )
MOTION: I MOVE TO DIRECT THE DIRECTOR-PERSONNEL TO
PREPARE THE APPROPRIATE SALARY ORDINANCE
AMENDMENT .
S M
VOTE: 1 Y 2 Y 3 Y 4 NP 5 Y(Unanimously Carried)
Page 180
May 11, 1993
93-181
93-182
Items removed from the Consent Aqenda for Board
consideration and action.
1. Public Health Department - Board authorization is
requested to purchase one 486DX/33 computer, three
Wyse terminals, model 150, with ANSI keyboards and
green monitor, four laser printers, and related
peripheral equipment in the maximum amount of
$12,500 (100$ trust funds). The requested computer
equipment will allow for upqrading and expansion of
the current Automated Vital Statistic Systems
(AVSS) (currently Enloe Hospital and the Public
Health Department are hooked into the system) to
include Feather River Hospital and Oroville Medical
Center. Budqet transfer B-167 has been prepared
for the necessary appropriation - action
requested - APPROVE PURCHASE OF FIXED ASSET ITEMS.
2. Superior Court - Board authorization is requested
for the purchase of two 486DX personal computers,
monitors, with related peripheral equipment and
software in the maximum amount of $4,500 from the
Court's current budqet. Budqet transfer B-170 has
been prepared for the necessary appropriation -
action requested - APPROVE PURCHASE OF FIXED ASSET
ITEMS. (131)
MOTION: I MOVE TO APPROVE THE PURCHASE OF FIXED ASSET
ITEMS AS REQUESTED BY THE PUBLIC HEALTH
DEPARTMENT AND SUPERIOR COURT.
S M
VOTE: 1 Y 2 Y 3 Y 4 NP 5 Y(Unanimously Carried)
Upper Ridge Municipal Advisory Council (URMAC) - action
requested:
B. APPOINT MADELYN HENRY (AREA 1); FRED DAVIS (AREA
2); KENT ASH (AREA 3); DAVID SARVARY (ARE A 4); AND
KATHY ERISMAN (ARE A 5).
MOTION: I 1rI0VE TO DIRECT THE CLERK OF THE BOARD TO
TAKE CARE OF THE NECESSARY POSTING
REQUIREMENTS, AND CONTINUE THIS MATTER TO THE
AGENDA OF MAY 25, 1993.
S M
VOTE: 1 Y 2 Y 3 Y 4 NP 5 Y(Unanimously Carried)
Paqe 181
May 11, 1993
Public Hearinqs ~nd Timed Ite
(SUPERVISOR McLAUGHLIN PRESENT)
93-183 Continued hearing - consideration of a proposed ordinance
adopting a fee schedule for the Department of Development
Services (includinq the Buildinq and Safety Division, the
Land Development Division, and the Planning Division),
and the California Division of Forestry and Fire
Protection's (CDF) Fire Safe Program with the goal of
making said Department's services and programs fully or
largely self-supporting - action requested:
A. ADOPT ORDZNANCE AND AUTHORIZE THE CHAIR TO SIGN;
AND
B. DISBAND COMMITTEE AND AUTHORIZE LETTERS OF
APPRECIATION. (198) (****00)
RECESS: 3:30 P.M.
RECONVENE: 3:41 P.M. (SUPERVISOR DOLAN NOT PRESENT)
93-184 Continued hearing - consideration of a proposed ordinance
adoptinq a fee schedule for the Department of Development
Services (including the Building and Safety Division, the
Land Development Division, and the Planning Division),
and the California Division of Forestry and Fire
Protection's (CDF) Fire Safe Program with the goal of
making said Department's services and programs fully or
larqely self-supportinq - action requested:
A. ADOPT ORDINANCE AND AUTHORIZE THE CHAIR TO SIGN;
AND
B. DISBAND COMMITTEE AND AUTHORIZE LETTERS OF
APPRECIATION. (165)
(SUPERVISOR DOI~AN PRESENT)
Paqe 182
May 11, 1993
93-184 MOTION: I MOVE TO (A) ADOPT ORDINANCE 3070 AMENDED TO
INCLUDE THE REVISIONS AS OUTLINED ON STAFF
MEMORANDUM DATED MAY 11, 1993 AND THE
EFFECTIVE DATE OF THE FEES AS JULY 12, 1993
AND AUTHORIZE THE CHAIR TO SIGN; (B) DISBAND
THE COMMITTEE AND AUTHORIZE LETTERS OF
APPRECIATION TO ALL COMMITTEE MEMBERS AND
ESPECIALLY CHAIRMAN SCARBOROUGH, THANKS TO
BILL FARREL, DIRECTOR, DEVELOPMENT SERVICES,
AND THE DIFFERENT DEPARTMENT HEADS I KNOW
ATTENDED THESE MEETINGS; AND (C) IN JULY,
1994, A REVIEW COMMITTEE CONSISTING OF AN
APPOINTEE FROM EACH SUPERVISORIAL DISTRICT AND
ONE FROM THE DEPARTMENT OF DEVELOPMENT
SERVICES (THREE DEVELOPERS AND THREE PRIVATE
CITIZENS) BRING TO THE BOARD A PROGRESS REPORT
AND ANY SUGGESTED ADJUSTMENTS OR CHANGES TO
THE FEES.
S M
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y(Unanimously Carried)
93-185 CLOSED SESSION: The Board recessed at 4:40 p.m. to a
closed session pursuant to
Government Code Section 54956.9
(meet and confer).
RECONVENE: The Board reconvened at 4:55 p.m.
following a closed session pursuant to
Government Code Section 54956.9 (meet and
confer). (1249) (NO ANNOUNCEMENTS)
(SUPERVISORS DOLAN AND THOMAS AND JOHN S.
BLACKLOCK, CHIEF ADMINISTRATIVE OFFICER
NOT PRESENT; EMMETT POGUE, DEPUTY CHIEF
ADMINISTRATIVE OFFICER PRESENT)
93-186 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.) (SUPERVISORS DOLAN AND THOMAS NOT
PRESENT)
1. Martha Danenhauer, Oroville - on two occasions, she
has been told that requests for inspections are
held by the County until other requests are
received for inspections in the same area.
Paqe 183
May 11, 1993
May 11. 1993
93-186 2. Nick Monte, Oroville - the adoption of the fee
ordinance for the Department of Development
Services a grave error; the Committee was chosen by
the Board; and he counted twelve speakers appearing
before the Board on this item, nine aqainst and
three for.
(SUPERVISOR THOMAS PRESENT)
3. David Strunk, Napa - one of the advantaqes of the
State's affordable housing proqram for low and very
low income families is the covenant (unless the
person had the house for something like 20-25
years) under this proqram that the house, when
sold, be sold to someone of low and very low income
status so that the housinq can still be utilized by
people who don~t have a pocket full of money.
(SUPERVISOR DOLAN PRESENT)
4. Charles Caruthers, Cherokee -(1) he can now refer
to personal experience when addressing the impact
of taxes on persons living on social security as he
will be receiving $455 a month social security;
(2) Board adopted a"Home Rule" ordinance tellinq
the State no more mandates, yet at a local level,
voted in unanimously a fee schedule on development
and Air Pollution Control District fees (April
27, 1993 meeting}; and (3) employee salaries and
the contract for the Air Pollution Control Officer.
5. Verner Chadwick, Oroville -(1) sloppy agenda with
48 items on the Consent Aqenda and 18 items with no
back up; (2) part of the Air Pollution Control
District's fees going to Butte County Association
of Governments (BCAG) - BCAG and Chico Issues
Committee are boqus; (3) Chair Houx~ treatment of
people; (4) lenqth of ineetinqs - meeting twice a
month instead of four times; (5) his tenants are
unable to get exemption on the utility users tax;
and (6} Supervisor Thomas' campaiqn promise to work
for appeal of the tax.
Paqe 184
May 11, 1993
May 11. 1993
93-187
Communications
COMMUNICATIONS
OFFICE.)
received and referred. (COPIES OF ALL
ARE AVAILABLE IN THE CLERK OF THE BOARD
a. James A. Holland, Browns Valley - requests that the
Board give careful consideration to rezoning or
other regulatory considerations needed for
development of the Dutch Ravine Sportsmens' Club.
(REFER TO COUNTY COUNSEL AND DIRECTOR-DEVELOPMENT
SERVICES FOR APPROPRIATE RESPONSE)
b. Marshall G. H. Priest, Yuba City - requests that
the Board approve a rezoninq permit for Dutch
Ravine Sportsmens~ Club, which he feels will be a
positive enhancement for Butte County. (REFER TO
COUNTY COUNSEL AND DIRECTOR-DEVELOPMENT SERVICES
FOR APPROPRIATE RESPONSE)
c. Debra Bowen, Assemblywoman, 53rd District - writes
asking Board support for AB 1624 (Bowen), which
would make available by electronic access all
bills, bill histories, bill atatus, bill analyses,
votes in committees and on the floors, veto
messages, and the daily files (includes hearing
schedules) of each house. She will be amendinq the
bill to include the California Codes and
Constitution. (REFER TO CHIEF ADMINISTRATIVE
OFFICER)
ADJOURNMENT: There beinq no further business before
the Board, the meeting was ad j ourned at
5:20 p.m. to reconvene on Tuesday,
May 25, 1993 at 9:00 a.m.
ATTEST:
~ `~' ~ ~ •/
~'~ ' ~E.G' ~C 1,C- ~(.~~ ~~e~ ~..~~~
Y ANNE HOUX, Chair
Butte County Board of Supervisors
JOHN S. BLACKLQCK, Chief Administrative Officer
and~Clerk o~ the Board of Supervisors
By: `L - ~., _'~' `~..o ,~~ ~.~
Page 185
May 11, 1993