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M061687
June 1b„~ 1987 Call to order - Board of Supervisors room, County Administration Building, 25 County Center Drive, Oroville. Present: Supervisors Fulton, McInturf, McLaughlin, Vercruse and Chair Dolan. Martin J. Nichols, chief administrative officer; John Kenny, interim county counsel by Carroll Ragland, chief deputy county counsel; and Cathy Pitts, assistant clerk to the Board. Pledge of allegiance to the Flag of the United States of America. 87-298 Interim County Counsel John Kenny introduced. 87-299 Items removed from the Consent Agenda for Board consideration and action: 1. Roger Green, George Chaffin - conveyance of development rights and ogen area easement - pursuant to Condition 13 of Use Permit No. 8 666 -action requested -APPROVE THE CONVEYANCE OF DEVELOPMENT RIGHTS AND OPEN AREA EASEMENT. Z. Workers compensation claims administration - proposals have been evaluated for the conduct of claims administration services for the workmans compensation program. Recommended is the award ofr a contract to Claims Management, Inc. at an estimated cost of $50,000 - action requested - APPROVE CONTRACT AND AUTHORIZE THE CHAIR TO SIGN. 3. Interim operating agreement - Community Transit Services, Inc. -- pursuant to previous direction from the Board, an interim operating agreement has been negotiated with Community Transit Services, Inc. for operation of Chico Clipper which would allow 'the system to continue operating until Requests for Proposals and formal bidding is completed (approximately September 1987) - action requested -APPROVE INTERIM OPERATING AGREEMENTS AND AUTHORIZE THE CHAIR TO SIGN. 4. Ordinance amending $utte County Coda Section 20-69 and 20-107 relating to the Subdivision Ordinance - action requested - WAIVE THE SECOND READING, ADOPT THE ORDINANCE AND AUTHORIZE THE CHAIR TO SIGN. Page 283 June 16, 1987 June lbw 1987 87-300 Consent Agenda 1. Approval of minutes -- action requested -APPROVE MINUTES OF JUNE 2, 1987. 2. Budget transfers - action requested - APPROVE BUDGET TRANSFERS B-182, B-183, B-18~+, B-185, B-186, 8-187, B-188, B-189, B-190, B-191 AND B-192. 3. John J. Starr - abandonment of a six-foot anal eight-foot public utility easement,- Kelly Ridge Estates No. 3, Lot 41, AP 69-19- 41 - action requested - ADOPT RESOLUTION 87-88 SETTING A PUBLIC HEARING DATE FOR JULY 21, 1987 AT 11:00 A.M. 4. Fire Station 10 (Butte Meadows-Jonesville) donation - the Butte Meadows-Jonesville Community Association requests the county accept Fire Station 10 as a donation for liability insurance purposes in accordance with a use agreement prepared by the association - action requested - ACCEPT DONATION. 5. Appointments to the JTPA - Private Industry Council - action requested -APPOINT DENNIS McMANUS, MOLLY MICHAELS, RONALD GOLDEN AND JEANNE HART TO SERVE UNTIL 3UNE 14, 1990. fi. Appointment of coordinator to receive notifications of employees of the state in implementation of Proposition fi5 - action requested - APPOINT COUNTY FIRE DEPARTMENT TO RECEIVE NOTIFICATIONS. 7. Final map - Park Place Subdivision ~ the developer has provided an irrevocable letter of credit to guarantee maintenance of facilities for a period of one year starting June 8, 1987 on the 14--1ot subdivision, AP 42-15-07, property located on the south side of West Sacramento Avenue at Brandonbury Lane, Chico area - action requested - APPROVE THE FINAL MAP; ACCEPT EASEMENTS AS GRANTED IN ITEM 3 OF THE OWNER'S CERTIFICATE ON BEHALF OF THE PUBLIC; ACCEPT GRANT IN FEE SIMPLE WEST SACRAMENTO AVENUE, BRANDONBURY LANE AND ONE-FOOT NO-ACCESS STRIPS AS OFFERED IN ITEMS 1 AND 2 OF THE OWNER'S CERTIFICATE; AND AUTHORIZE THE CHAIR TO SIGN THE SUBDIVISION AGREEMENT. 8. Superior Court typewriter - Board authorization is requested to purchase an electronic typewriter in the amount of $435 from savings within the department's budget ~ action requested - AUTHORIZE ACQUISITION OF TYPEWRITER. Page 284 June 16, 1987 June 16~ 1987 9. Risk Management microcomputer - Board authorization is requested to purchase an IBM PS/2, related peripheral equipment, and software at an estimated cost of $4,119. Budget transfer B-190 has been prepared to provide the necessary appropriation - action requested -AUTHORIZE ACQUISITION OF FIXED ASSET ITEMS. 10. Mental Health microcomputer - Board authorization is requested to approve a microcomputer network configuration in the amount of $62,216 as part of the implementation of the small counties mental health program. Budget transfer B-191 has been prepared to provide the necessary appropriation - action requested - AUTHORIZE ACQUISITION OF FIXED ASSET ITEMS. 11. Ventura, et al, prosecution settlement - a resolution has been prepared declaring intention to sell the property in accordance with the previsions of the Government Code at a minimum price of $26,000 cash -action requested -ADOPT RESOLUTION 87-$9 DECLARING INTENTION TO SELL PROPERTY WITH THE BID OPENING TO BE HELD JULY 28, 1987 AT 9:00 A.M. IN THE BOARD OF SUPERVISORS ROOM, AND AUTHORIZE THE CHAIR TO SIGN. 12. Investments inf©rmation report - the Treasurer/Tax Collector submits the May 31, 19$7 report in accordance with AB 1073 and the county's investment policy - action requested - ACCEPT FOR INFORMATION. 13. Penalty abatement requests - change of ownership reports - action requested -- APPROVE PENALTY ABATEMENT REQUESTS AS RECOMMENDED BY THE CHIEF ADMINISTRATIVE OFFICER. 14. 1987-88 Proposition 4 appropriations limit calculations -- the Auditor forwards a report on the County of Butte appropriations limit calculation and Special Districts under central of the Board of Supervisors appropriations limit calculation - action requested - ADOPT RESOLUTIONS 87-90 AND 87-91 CONFIRMING PROPOSITION 4 APPROPRIATIONS LIMIT CALCULATIONS FOR THE COUNTY AND SPECIAL DISTRSCTS UNDER CONTROL OF THE BOARD AND AUTHORIZE THE CHAIR TO SIGN. 15. CSAC Excess Insurance Authority - certificates of participation financing - a resolution has been prepared authorizing the execution and delivery of a purchase agreement, official statement and certain other necessary actions in connection with the pooled liability insurance program of the CSAC Excess Insurance Authority - action requested - ADOPT RESOLUTION 87-92 AND AUTHORIZE THE CHAIR TO SIGN. Page 285 June 16, 1987 June 1~ 1987 16. Tax and Revenue Anticipation Notes {IRAN} - a resolution has been prepared providing for payment of the notes and making other determinations regarding issuance, including: authorizes the issuance of up to $5 million in TRAM; approves the purchase contract for the notes; authorizes the Treasurer-Tax Collector to determine the amount of issuance and to execute the purchase contract with such changes, insertions and omissions as may be approved by the Treasurer-Tax Collector; authorizes the Auditor- Controller to approve the preliminary and final official statements; authorizes the Auditor-Controller to execute and arbitrage and use of proceeds certificate in respect to the notes and on behalf of the county; and affirms that monies in the self-insurance funds for liability, workers' compensation and unemployment compensation are available only for designated purposes and are reasonably required for such purposes - action requested -ADOPT RESOLUTION 87-93 APPROVING THE ISSUANCE OF TAX AND REVENUE ANTICIPATION NOTES AND AUTHORIZE THE CHAIR TO SIGN. 17. County Service Area 82 (Stirling City sewer} loan - a resolution has been prepared authorizing a loan of $500 from the county service area loan fund - action requested - ADOPT RESOLUTION 87~ 94 AND AUTHORIZE THE CHAIR TO SIGN. 18. 1487-88 proposed budget - action requested - SET MEETING DATE FOR JUNE 30, 1987 TO RECEIVE THE PROPOSED BUDGET. 19. Program Supplement No. 45 - Cax Lane Bridge and Wyman Ravine, Bridge Replacement Project No. BROS-007{19) - a resolution has been prepared authorizing execution of Program Supplement No. 45 to Master Agreement No. 03-5912 (re: federal projects) which covers funding for the project as follows: federal, $224,000; county matching, $56,000; total, $2$0,000. The county's matching share is included in the 1987-88 Public Works budget - action requested -ADOPT RESOLUTION 87-95 AND AUTHORIZE THE CHAIR TO SIGN. 20. Contract Change Order No. 1, Roadway Widening and Obstacle Removal on Various Butte County Roads, Hazard Elimination Project No. HES-0005(219) - CCO I in the increasing amount of $12,080 provides for completely removing and replacing an old, unsound concrete double box culvert in lieu of leaving 18 linear feet of the old culvert in place under the roadway and extending both ends. Funding is available in the project to provide for the additional work - action requested - APPROVE CHANGE ORDER AND AUTHORIZE THE CHAIR TO SIGN. Page 286 June 16, 1987 June 16i 19$7 21. Resolution of appreciation - Lt. Richard Fitzgerald - action requested -ADOPT RESOLUTION 87-96 AND AUTHORIZE THE CHAIR TO sxGN. 22. Resolutions of appreciation and commendation -Mike Calcatera and Mel Wangberg, Koppers Company employees - action requested - ADOPT RESOLUTIONS 87-97 AND 87-98 AND AUTHORTZE THE CHATR TO SIGN. 23. PERS contract amendment - unused sick leave credit for safety members - in follow up to meet and confer discussions, a resolution of intent has been prepared, together with an implementing ordinance which provides for every 250 days (2000 hours of sick leave), or fraction thereof, an employee would be granted an additional year's service credit when calculating retirement benefits. The PERS rate will increase from 22.193% to 22.33% to the year 2000, with a projected annual cost increase of approximately $x,100 - action requested -ADOPT RESOLUTION 87-99 OF INTENTION AND AUTHORIZE THE CHAIR TO SIGN, AND WAIVE THE FIRST READING OF THE IMPLEMENTING ORDINANCE. 24. Salary ordinance amendment -the ordinance changes the allocation of appraiser positions at the I and II levels to include flexibility to fill at the III level; changes the deputy public guardian/public administrator allocation to be filled at either the deputy level or a new class title of chief deputy public guardian/public administrator; reclassifies a typist clerk III position in the Public Health nutrition unit to a senior community health aide; reclassifies a family health services project supervisor to public health nutritionist; reclassifies an associate civil engineer assigned to the bridge unit to senior civil engineer; and changes the salary for County Counsel as determined at the special Board meeting of May 22, 1987 -action requested - WAIVE THE SECOND READING, ADOPT THE ORDINANCE 2601 AND AUTHORIZE THE CHATR TO STGN. 25. Salary ordinance amendment - the ordinance provides for flexible staffing of eight legal stenographer clerk, legal typist clerk or stenographer clerk positions within the District Attorney's Office and changes one supervising public health nurse position to senior public health nurse -action requested -WAIVE THE FIRST READING OF THE ORDINANCE. 25. Nursery and seed services agreement -- Contract No. 3002 has been prepared with the State Department of T'ood and Agriculture for reimbursement in the amount of $3,670 to provide for nursery and seed service inspection and enforcement activities during 1987- 8$ - action requested =APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. Page 287 June 16, 1987 June 16, I987 27. Pesticide regulatory activities agreement - Contract No. 3061 has been prepared with the State Department of Foad and Agriculture to provide pesticide regulatory activities during 1987-88 for reimbursement in the amount of $33,345. The contract also covers the acquisition of a CompuPro disk three hard disk controller board in the amount of $620 -action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. 28. Egg quality control agreement - Contract No. 3166 has been prepared with the State Department of Food and Agriculture for reimbursement in the amount of $1,943.40, plus $10.90 per 100 egg sample examined at retail during 1987-88 - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. 29. Apiary inspection agreement - Contract No. 3223 has been prepared with the State Department of Food and Agriculture for reimbursement in the amount of $500 covering a minimum of 15 apiary inspections, averaging 15 colonies inspected in each apiary during 1987-88 - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SSGN. 30. Arts Commission claims and invoices - Hoard of Supervisors authorization is requested to allow the Chief Administrative Officer to sign claims, invoices and other grant documents with the California Arts Commission for fiscal years 1985-86, 1986-$7 and 1987-88 - action requested - APPROVE AUTHORIZATIONS. 31. Arts Commission contract - contracts have been prepared with Ponderosa Elementary School and Ed Kickinghorse for the Artist- in-Schools Program in amounts not to exceed $2,700 each. Funding is from a grant from the California Arts Council - action requested -APPROVE CONTRACTS AND AUTHORIZE THE CHIEF ADMINISTRATIVE OFFTCER TO SIGN. 32. Agreement to retain attorney services - Porter, Scott, Weiberg and Delehant - the agreement provides for compensation in the amount of $75 per hour plus court costs and expenses -action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. 33. Work Training Center - contract amendment - the contract which provides for vocational rehabilitation services is being amended by an increase of $11,350 to $66,863 - action requested - APPROVE GONTRACT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN. Page 288 June 16, 1987 June 16, 1987 34. Small Counties Mental Health system - an agreement has been prepared with HBK Computer Systems, Inc. of Paradise in the amount of $2,500 covering installation of the Small Counties Mental Health system software. The equipment purchase authorization and budget transfer is located on another portion of the agenda. The Data Processing Steering Committee has reviewed the technical reports and recommends the purchase of the software - action requested - APPROVE CONTRACT AND AUTHORIZE THE CHAIR TO SIGN. 35. Election services agreement - an agreement has been prepared with Sequoia Pacific for the trading of 1,243 Butte County vatamatic devices for datavote punches which was previously discussed with the Board - action requested - APPROVE AGREF,MENT AND AUTHORIZE THE CHAIR TO SIGN. 36. California Energy Commission grant - the Planning Department has an opportunity to submit a grant preapplication to fund the energy sub element, the natural resources and recreation element of the county General Plan - action requested -AUTHORIZE SUBMISSION OF A PREAPPLICATION PACKAGE TO THE CALIFORNTA ENERGY COMMISSION. 37. Amendment No. 5 - Oroville Bus Lines agreement - the amendment continues the Oroville Express Taxi service for senior citizens and handicapped at the existing level of services for 1987-88. An increase of $0,20 per ticket to $2.95 has been requested by Oroville Bus Lines to cover increased operating costs. The project is funded from Transportation Development Act (SB 325) funds, and the county's is budgeted at $77,912 -- action requested -APPROVE AMENDMENT N0. 5 AND AUTHORIZE THE CHAIR TO SIGN. 38. Amendment No. 6 - Oroville Bus Lines agreement - the amendment continues the Oroville area transit system at the existing level of service for 1987-88, with no hourly rata increase requested by Oroville Bus Lines. The project is funded from Transportation Development Act (SB 325) funds, and the county's funding 46~ of the net cost of the system at an estimated cost of $51,318 - action requested - APPROVE AMENDMENT NO.~ 6 AND AUTHORIZE THE CHAIR TO SIGN. Page 289 June lb, 1987 June lb, 1987 39. Interim operating agreement - Community Transit Services, Inc. - pursuant to previous direction from the Board, interim operating agreements have been negotiated with Community Transit Services, Inc. for operation of Butte County Transit and Paradise Express which would allow the systems to continue operating until Requests for Proposals and formal bidding is completed {approximately September 1987). The Paradise Express agreement provides for continued administration of that system by Butte County for a fee - actian requested - APPROVE INTERIM OPERATING AGREEMENTS AND AUTHORIZE THE CHAIR TO SIGN. 40. Radar speed enforcement and traffic control device inventory grant - a resalutian has been prepared requesting the California Highway Patrol to utilize radar speed enforcement an designated county roadways, and supporting the implementation of a traffic control device inventory system for the county road system. A traffic safety project agreement has been prepared fnr $42,000 in federal funding and local Public Works contribution to the program for project administration, sign installation and program implementation estimated at $26,922 - action requested - ADOPT RESOLUTION 87-100 AND AUTHORIZE THE CHAIR TO STGN AND APPROVE THE TRAFFIC SAFETY PROJECT AGREEMENT AND AUTHORIZE THE CHAIR AND DIRECTOR OF PUBLIC WORKS TO SIGN. 41. Amendment No. 1 - family planning agreement - an amendment has been prepared to Contract 8b-88848 with the State Department of Health Services extending the current family planning agreement through June 30, 1988, setting reimbursement for 1987-88 at $46,000, and reducing the 1986-$7 reimbursement from $46,000 to $43,000 -action requested -APPROVE CONTRACT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN. 42. Drug Enforcement Administration agreement - an agreement has been prepared with the U. S. Department of Justice to provide for marijuana eradication in Butte County. The contract is in the amount of $10,000 - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. 43. Administrative Office of the U. S. Courts agreement - the agreement, in an amount not to exceed $12,000, provides a third- party payor mechanism for local clients referred for drug treatment by the Administrative Office of the U. S. Courts covering the period March 27, 1987 through September 30, 1987 - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. Page 290 June 16, 1987 June 16, 1987 44. GAIN assessment services - agreements have been prepared with the folXowing organizations in the amounts indicated covering the period January 1 through June 30, 1987 in performing GAIN program client assessment services: Butte County Superintendent of Schools, $14,448; Private Industry Council, $28,350; Butte College (career planning), $74,8$0; and Valley Oak Children Services, $30,214 - action requested - APPROVE AGREEMENTS AND AUTHORIZE THE CHAIR TO SIGN. 45. GAIN assessment agreement - Employment Development Department - an agreement has been prepared with the State Employment Development Department to conduct GAIN client assessment services in the amount of $10,920 covering the period March 1 through June 30, 1987 - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHATR TO SIGN. 46. GAIN program - management information system services agreement - an agreement has been prepared with the Private Industry Council covering development of a management information computer system. The contract is in an amount not the exceed $3,000 at a cost of $500 per month covering the period January 1 through 3une 30, 1987 - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. 47. 1987 summer food program - an agreement has been prepared with the State of California for the Community Action Agency to operate a summer youth feeding program in Oroville, Gridley and Chico at an estimated cost of $12,291 which is fu11y reimbursable. The project covers the period July 6 through August 2$, 1987 - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. 48. Amendment No. 1 - Keil and Avery agreement -- an amendment has been prepared to the contract for negotiations and consultant services in employer-employee relations which deletes Paragraph 10 relating to professional liability insurance requirements - action requested - APPROVE AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN. 49. Legislative bill positions - a report has been prepared concerning several bills having a significant impact an Butte County with positions recommended by the Chief Administrative Officer as follows: SB 328 - support; 5B 12 - oppose; SB 1180 - oppose; SB 207 - support; AB 999 - support; SB 275 - oppose; tort reform - support package of bi11s by Association for California Tort Reform - action requested - ADOPT POSITION ON BILLS AS RECOMMENDED BY THE CHIEF ADMINISTRATIVE OFFICER. Page 291 June 16, 1987 .Fungi 1~ 1987 50. Approval of minutes - action requested -APPROVE MINUTES OF JUNE 11, 1987. 51. Agricultural. Commissioner equipment - Board authorization is requested to acquire a compact pickup truck, disk controller, floppy disk drive, memory expansion board and modem at an estimated cost of $10,125. Budget transfer B-i95 has been prepared to provide the necessary appropriation - action requested -AUTHORIZE ACQUISITION OF EQUIPMENT AND APPROVE BUDGET TRANSFER B-195. MOTION: MOVE TO APPROVE THE CONSENT AGENDA WITH DELETIONS AND CHANGES TO ITEM 39 DELETING CHICO CLIPPER FROM CONSIDERATION. S M VOTE: l Y 2 Y 3 Y 4 Y 5 Y {Unanimously carried) Regular Agenda 87-301 Items removed from the Consent Agenda for Board consideration and action: 1. Roger Green, George Chaffin - conveyance of development rights and open area easement - pursuant to Condition 13 of Use Permit No. 86-66 - action requested - APPROVE THE CONVEYANCE OF DEVELOPMENT RIGHTS AND OPEN AREA EAS~'IENT. {53) MOTION: MOVE TO APPROVE CONVEYANCE ON ITEM 3.08 DELETING PARAGRAPH A AND CHANGING PARAGRAPH B TO SHOW AT LEAST 10 TO 20 YEARS; AND DIRECT THE CHAIR TO SIGN THE CONVEYANCE IF THE OTHER PARTIES AGREE TO THE CHANGE. S M VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried} 2. Workers compensation claims administration - proposals have been evaluated for the conduct of claims administration services for the workmans compensation program. Recommended is the award of a contract to Claims Management, Inc. at an estimated cost of $50,000 - action requested - APPROVE CONTRACT AND AUTHORIZE THE CHAIR TO SIGN. (412) MOTION: MOVE TO ACCEPT THE RECOMMENDATION OF THE TEAM THAT ANALYZED THE REQUEST FOR PROPOSAL; APPROVE THE CONTRACT AND AUTHORIZE THE CHAIR TO SIGN. S M VOTE: 1 N 2 Y 3 Y 4 Y 5 Y (Unanimously carried) Page 292 June 16, 1987 June 1~ 1987 3. Interim operating agreement ~ Community 'Transit Services, Inc. - pursuant to previous direction from the Board, an interim operating agreement has been negotiated with Gommunity Transit Services, Inc. for operation of Ghica Clipper which would allow' the system to continue operating until Requests for Proposals and formal bidding is completed (approximately September 19$7) - action requested -APPROVE INTERIM OPERATING AGREEMENTS AND AUTHORIZE THE CHAIR TO SIGN. (658) (TAKEN OFF AGENDA.} 4. Ordinance amending Butte County Code Section 20-69 and 20-107 relating to the Subdivision Ordinance - action requested - WAIVE THE SECOND READING, ADOPT THE ORDTNANCE AND AUTHORIZE THE CHAIR TO SIGN. (697) MOTION: TO WAIVE THE SECOND READING AND ADOPT ORDINANCE 2602. S M VOTE: l Y 2 Y 3 Y 4 Y S Y (Unanimously carried) 87-302 Appointments - commissions and committees. a. Appointments to the Hazardous Waste Management Plans and Facilities Siting Procedures Advisory Committee. (810) MOTION: TO ALLOW GOVERNMENT OPERATIONS COMMITTEE TO REVIEW THE PEOPLE WHO WISH TO PARTICIPATE AN~7 RECOMMEND UP TO TWELVE POSxTIONS ON THE COMMITTEE. M S VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried) b. Consideration of participation in the Redding Veterans Administration Medical Office Advisory Group. (859) MOTTON: TO HAVE THE VETERANS SERVICE OFFICER RECOMMEND THE MEMBER AND ALTERNATE MEMBER. S M VOTE: ]. Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried) c. Appointments to committee vacancies. (NONE) 87-303 Koppers Inquiry Ad Hoc Committee - report to the Board. (885} (REPORT PRESENTED. LETTER TO BE WRITTEN TO OES AND OTHER STATE AGENCIES WHO DROPPED THE BALL AT THEIR END ASKING ASSURANCES THAT THIS DOES NOT HAPPEN AGAIN. THE MATTER TO BE CONTINUED TO ANOTHER BOARD MEETING.) Page 293 June 16, 1987 June 1~ 1987 87-304 Presentation of resolutions: a. Mei Wangberg b. Mike Calcatera c. Presentation of certificates of appreciation - Leonard Rathbun and Wes Barrett for their work and service on the Koppers Inquiry Ad Hoc Committee. RECESS: 10:21 a.m. RECONVENE: 10:38 a.m. 87-305 Discussion of FY 1987-88 Library budget, disposition of branch facilities and options. (Finance Committee) (2309) **(00) MOTION: TO AUTHORIZE FORMATION OF A FIVE MEMBER COMMITTEE WITH NO BOARD MEMBERS ON THE COMMITTEE; DIRECT THE CHAIR TO USE WHATEVER COUNSEL SHE WISHES TO SEEK TO DEVELOP THE CRITERIA FOR SERVING ON THE COMMITTEE AND TO MAKE A REPORT BACK TO THE BOARD NEXT WEEK WITH THE FINAL REPORT FROM THE COMMITTEE TO BE SENT TO THE BOARD PRIOR TO ADOPTION OF THE BUDGET. S M VOTE: l Y 2 N 3 Y 4 Y 5 Y (Motion carried) Public Hearings and Timed Items 87-306 Report on Reclamation Board designated floodway study, Ord Bend to Vina reach. (923) *** (000) MOTION: TO MOVE THAT THE BOARD SEND A LETTER TO THE RECLAMATION BOARD RAISING THE QUESTIONS LISTED BELOW AND AFTER THE RESPONSE IS RECEIVED TO POSSIBLY SCHEDULE SOME TYPE OF EVENING MEETING IN CHTCO: 1. WILL THAT NOTICE BE GIVEN? WILL THEY COMMIT TO GIVE NOTICE THAT TELLS NOT ONLY WHAT THE ZONE TS BUT WHAT WILL HAPPEN IN THAT ZONE? 2. IS THERE A PLAN OR WILL THERE BE A PLAN BY WHICH LAND OWNERS CAN ANTICIPATE THE LIMITATIONS ON THEM OR WILL THEY HAVE TO LEARN ON A CASE-BY-CASE BASIS AS THEY SUBMIT APPLICATIONS? Page 294 June 16, 1987 June 1~ 1987 3. WHY IS IT FELT THAT THE COUNTY ITSELF SHOULD NOT BE ALLOWED TO ADDRESS THE EXISTING SITUATION ON ITS OWN EXISTING FLOOD PLAIN MANAGEMENT ORDINANCES WITH ITS OWN STAFF? 4. WILL THERE BE A GRANDFATHER CLAUSE BY WHICH EXISTING STRUCTURES CAN BE MAINTAINED AND REBUILT, TF NECESSARY? 5. IS THERE A PARTIGULAR RUSH OR URGENCY THAT MAKES IT NECESSARY TO HAVE TECHNICAL MEETINGS NOW, TO HAVE A PREADOPTION MEETING IN OCTOBER, AND TO BE ALREADY SCHEDULING THE ADOPTION HEARING FOR NOVEMBER OR DECEMBER BEFORE THE PUBLIC HAS EVEN BEEN HEARD ON THE MATTER? IS THERE A RUSH OR CAN THIS BE DONE A LITTLE BIT MORE ORDERLY? 6. ASK THAT THE RECLAMATION BOARD ADDRESS WHAT IS ACTUALLY THERE AND HAVE SOME CONTROL DEVELOPMENT IN THIS SO THAT THE COUNTY IS NOT FIGHTING COUNTY AND THE LANDOWNER I5 NOT FIGHTING LANDOWNER. ADMIT WHAT THE SITUATION IS AND GO FROM THERE WITH IT. IF WE DON'T HAVE THE MONEY FOR IT, LET'S AGREE WE DON'T HAVE THE MONEY TO AFFORD IT RATHER THAN JUST PUTTING IN SOME SORT OF A DESIGNATION THAT AN INDIVIDUAL SEES NO ADVANTAGE TO NOR DOES THE COUNTY SEE ANY ADVANTAGE TO ANY OF THIS. 7. WHY DID THE RECLAMATION BOARD DECIDE ON A NONSTRUCTURAL SOLUTION? WHAT IS THE ECONOMIC COMPARISON FOR BUTTE COUNTY BETWEEN A STRUCTURAL AND A NONSTRUCTURAL SOLUTION. 8. ASK THAT ROCK CREEK RECLAMATION DISTRICT BE ADDED TO THE LIST FOR NOTICE. 9. HOW DO WE DEAL WITH THE ISSUES, THE PERMITTED FACILITIES THAT WERE ESTABLISHED IN COMPLIANCE WITH THE ADOPTED FLOODWAY ORDINANCE THAT WAS ADOPTED BY BUTTE COUNTY THAT WILL NOW BE BETWEEN THE LINE AND THE WATER? 10. IF THE COUNTY OF BUTTE OPPOSES, WHAT DOES THAT MEAN? M VOTE: ]. Y 2 Y 3 Y 4 Y S 5 Y (Unanimously carried) RECESS: 12:28 p.m. RECONVENE: 12:39 p.m. Page 295 June 16, 1987 June 16~ 1987 87-307 Public hearing - Robert Kostello - appeal of the Advisory Agency's denial of Kostello tentative subdivision {proposed mitigated negative declaration regarding environmental impact), AP 6-33-1 and 2, 24 lots, property located on the south side of Shasta Avenue at Surrey Lane, Chico area. (30) MOTION: TO MAKE A MOTION OF INTENT TO UPHOLD THE APPEAL AND TO COME BACK TN 30 DAYS FOR THE FINALIZED CONDITIONS TO BE BROUGHT BACK TO THE BOARD. S M VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried) 87-308 Public hearing - Butte County Board of Supervisors - consideration of proposed negative declaration regarding environmental impact and amendment to the Butte County Code, Chapter 24 - comprehensive zoning ordinance involving the following subject: ARTICLE 1 PURPOSE, PRINCIPLES AND STANDARDS 2 ESTABLISHMENT AND DESIGNATION OF ZONES, INTERPRETATION OF BOUNDARIES, AND AMENDMENTS TO THE PLANNING AND ZONING LAW 32 PROCEDURES -- ENVIRONMENTAL REVIEW, GENERAL PLAN AMENDMENTS, REZONES, INTERIM ZONING, NONCONI'ORMING USES, USE PERMITS, MINING PERMITS AND RECLAMATION PLANS, VARIANCES, REAPPLICATION, ZONING VIOLATIONS, HOMESITE AND AGRICULTURAL PROCESSING USE SEGREGATIONS 33 SIGN REGULATIONS 34 CERTIFICATE OF CONDITIONAL USE 35 LIVESTOCK ANIMAL MAINTENANCE 36 GUEST HOUSES 37 HOME OCCUPATIONS 39 ADULT ENTERTAINMENT BUSINESSES 40 TEMPORARY RESIDENTIAL PERMITS 41 TEMPORARY USES - MOBILE HOME RESIDENCES 43 DEVELOPMENT AGREEMENTS 44 CONSTRUCTION OF ADDITIONAL DWELLING UNIT (1001} (CONTINUED TO JULY 21, 1987 AT 1:30 P.M.} RECESS: 1:48 p.m. RECONVENE: 3:13 p.m. 87--309 Selection and award of contract - ].986-$7 financial audit. (2223) MOTION: TO APPROVE THE RECOMMENDATION OF THE COMMITTEE WITH COOPERS AND LYBRAND AND AUTHORIZE THE CHAIR TO SIGN AT SUCH TIME AS THE GRAND JURY CONCURS WITH THE BOARD. M S VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried) Page 296 3une 16, 1987 June 15~ 1987 87-310 Jail. (Supervisor Fulton) (2312) MOTION: TO ASK THE ADMINISTRATIVE OFFICE STAFF TO RESEARCH THE FEASIBTLTTY, COSTS AND PROCEDURE OF PLACING A BALLOT MEASURE BEFORE THE VOTERS OF BUTTE COUNTY TO BUILD A NEW MODERN, SECURE JAIL, WHICH WOULD LEAD TO A BALLOT MEASURE ON THE NEXT AVAILABLE BALLOT AND TO ALSO LOOK AT ADDING THE SOUTH COUNTY MUNICIPAL COURT TO THE FACILITY. S M VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried) 87-311 Legal advertising. (Supervisor Fulton) (29b6) MOTION: TO DTRECT THE ADMINISTRATIVE OFFICE TO BRING BACK AN ANALYSIS ON THE AMOUNT OF LEGAL ADVERTISING THE COUNTY DOES, WHAT THE AD RATES ARE THAT THE COUNTY PAYS AS AGAINST THE REGULAR RATES, HOW MUCH THE ADVERTISING SS AND WHERE IT GOES. S M VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried) 87-312 Consideration of recommendation of Water Commission to provide financial support to Western Water magazine. (3055} ~x~'~~(0000) MOTION: TO GET $100 WORTH OF SUBSCRTPTTONS FOR MEMBERS OF THE BOARD AND STAFF AND WHOEVER NEEDS TO GET THE MAGAZINE. M S VOTE: l Y 2 Y 3 Y 4 Y 5 Y {Unanimously carried) 87-313 Gonsideration of presentation to CSAC on 3une 26, 1987 regarding Measure E. (70} (COUNTY COUNSEL TO GIVE VERBAL REPORT TO THE BOARD WHEN THE RULING TS TO BE MADE FINAL.) $7-314 Public comment. (PRESENTATIONS WILL BE LIMITED TO FIVE MINUTES. THE BOARD OF SUPERVISORS IS PROHIBITED BY STATE LAW FROM TAKING ACTION ON ANY STEM PRESENTED IF IT IS NOT LISTED ON THE AGENDA.} (541) 1. Cliff Johnsen regarding letters sent to the Board regarding a second agricultural dwelling for a farm worker. CLOSED SESSION: The Board recessed at 3:58 p.m. to hold a closed session regarding meet and confer, Aldax v. Gounty of Butte and the three Chico lawsuits: the Mall, Southeast Chico and RDA. RECONVENE: The Board reconvened at 4:38 p.m. following a closed session. (NO ANNOUNCEMENTS WERE MADE.) Page 297 June 16, 1987 June 16y 19$7 87-315 Communications Communications received and referred. (COPIES OF ALL COMMUNTCATTONS ARE AVAILABLE IN THE CLERK OF THE BOARD OFFICE.) a. Substance Abuse Advisory Council - writes urging the Board to adopt a position supporting the funding of alcohol and drug treatment and prevention services via a cigarette/alcohol tax; and contact our legislators urging that they initiate legislation to that effect. (REFERRED TO CHIEF ADMTNISTRATTVE OFFICER FOR REPORT ON IMPACT UPON THE COUNTY'S LEGISLATIVE PROGRAM.) b. State Department of Water Resources - pursuant to the provisions of the Water Code, forwards the amounts required for the cost of operation and maintenance of Levee Maintenance Area No. 5 (Zones 1, 2 and 5}, Maintenance Area No. 7 (Zones 1, 2 and 3), Maintenance Area No. 13 (Zones 1, 2 and 3) and Maintenance Area No. 15 (Zones 1, 2 and 3). (REFERRED TO AUDITOR-CONTROLLER AND DIRECTOR OF PUBLIC WORKS.) ADJOURNMENT: There being nothing further before the Board at this time, the meeting was adjourned at 4:39 p,m. to reconvene on Tuesday, 3une 23, 19$7 at 9:00 a.m. ATT MAR Off By: Page 29$ .lone lb, 1487