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HomeMy WebLinkAboutM062392June 23, 1992 Call to order - Board of Supervisors room, County Administration Building, 25 County Center Drive, Oroville. Supervisors Fulton, Houx, McInturf, McLaughlin and Chair polan present. John S. Blacklock, chief administrative officer; Susan Minasian, county counsel; and Carol Roach, assistant clerk of the Board. Pledge of allegiance to the Flag of the United States of America. 92-240 Items removed from the Consent Agenda fvr Board consideration and action. 1. Adoption of an ordinance correcting typographical errors in the Durham-Dayton-Nelson planning area zoning ordinance (no. 2985, adopted February 25, 1992) - action requested - ADOPT ORDINANCE AND AUTHORIZE THE CHAIR TO SIGN. 2. Contract to seek federal reimbursement for targeted case management for Medi-Cal recipients - San Mateo County is coordinating an effort among California counties to modify the State Medi-Cal Plan to gain federal reimbursement for targeted case management services provided to Medi-Cal recipients. The effort will go forward if 34 counties agree to participate for $2,500 by June 30, 1992 and $2,500 by September 30, 1992 (State/Federal/County). When fully implemented, the program could gain Butte County several hundred thousand dollars per year in additional federal reimbursements - action requested - APPROVE THE APPROPRIATE BUDGET TRANSFERS FROM THE MENTAL HEALTH, PUBLIC HEALTH, AND SOCIAL WELFARE BUDGETS, APPROVE CONTRACT AND AUTHORIZE THE CHAIR TO SIGN. Page 198 June 23, 1992 •-1 ~.•~ June 23, 1992 92-240 3. DFM Associates - proposed is a modification to an agreement for the provision of the EIMS, RIMS, FBN and SIRS software for the Elections and Recorder's Offices which extends the term of the agreement from July 1, 1992 through June 30, 1997. The yearly maximum cost of $69,000 (general fund) remains unchanged - action requested - APPROVE MODIFICATION TO AGREEMENT AND AUTIiORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. 4. PATH Grant/Butte County Mental Health Department - the initial PATH Grant application to the County has been increased from $23,965 to $28,573. The additional $4,608 will be used to help cover employee salaries used when the Representative Payee Program was taken in house - action requested - APPROVE INCREASED BUDGET APPROPRIATION AND APPROPRIATE BUDGET TRANSFER. 5. Scott Schofield - proposed is a lease for 3,900 square feet of office space at 492 Rio Lindo, Chico suitable for combining the Alcohol and Drug Services Division Administration (572 Rio Lindo, #105) and Youth Services (492 Rio Lindo) at a monthly cost of $2,379. The term of the lease is July 1, 1992 through June 30, 1993 in the maximum amount of $28,548 (State/Federal) - action requested - APPROVE LEASE AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. 6. Victim/Witness Assistance Program - the 1992/93 grant application to the State Board of Control provides grant monies in the amount of $96,600 (100~ State) for verification of victim claims - action requested - ADOPT RESOLUTION AUTHORIZING THE CHIEF PROBATION OFFICER TO SIGN THE AGREEMENT ON BEHALF OF THE COUNTY SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. 7. 1991/92 County Medical Services Program (CMSP) contract amendment - the proposed amendment increases the maximum amount payable to Butte county to cover eligibility determination expenses from $649,547 to $678,656 (State) - action requested - APPROVE CONTRACT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. Page 199 June 23, 1992 June 23, 1992 92-241 Consent Agenda 1. Approval of minutes - action requested - APPROVE MINUTES OF JUNE 9, 1992. 2. Budget transfers - action requested - APPROVE BUDGET TRANSFERS B-252 (MENTAL HEALTH), B-259 (FIRE PROTECTION-REGULARj, B-260 (WELFARE- ADMINISTRATION}, B-261 (SUPERIOR COURT), B-262 (PUBLIC HEALTH-COUNTY MEDICAL SERVICES), B-263 (FIRE PROTECTION-REGULAR), B-264 (FIRE PROTECTION- REGULAR), AND B-265 (FIRE PROTECTION-REGULAR). 3. Butte County Mental Health - Board authorization is requested to accept $115 in memorial donations restricted to the Patient's Rights Program. Budget transfer B-266 has been prepared for the necessary appropriations - action requested - ACCEPT DONATIONS AND AUTHORIZE LETTERS OF APPRECIATION. 4. Sheriff-Coroner - Edith M. Kirk, Paradise, has donated a three-point spring cultivator with a value of $100 for use in the jail garden - action requested - ACCEPT DONATION AND AUTHORIZE LETTER OF APPRECIATION. 5. Long Term Care Advisory Council - action requested - APPOINT JUDITH DELGADO (COUNTY HEALTH AGENCY PROVIDING A HEALTH PROGRAM TO SENIORS) TO SERVE AN UNSPECIFIED TERM. 6. Paradise Cemetery District - action requested - APPOINT W. L. "Bill" KELLOGG TO SERVE UNTIL JULY, 1996. 7. Private Industry Council - action requested - REAPPOINT GREG CREIGHTON (CHICO AREA BUSINESS) TO SERVE UNTIL JUNE, 1995. 8. Final map - Creek View Estates - four lots, AP 42- 15-54, property located on the northeast side of Bidwell Avenue, 1,000 feet east of the north-south portion of Bidwell Avenue, Chico area - action requested - APPROVE FINAL MAP, AND AUTHORIZE THE CHAIR TO SIGN THE SUBDIVISION AGREEMENT. 9. Investment information report - the Treasurer/Tax Collector submits the April 30, 1992 report in accordance with AB 1073 and the County's investment policy - action requested - ACCEPT FOR INFORMATION. Page 200 June 23, 1992 June 23, 1992 92-241 lo. Statement of investment policy/investment information report - the Treasurer/Tax Collector submits the statement of investment policy and the May 29, 1992 investment information report in accordance with AB 1073 and the County~s investment policy - action requested - ACCEPT FOR INFORMATION. 11. Adoption of a salary ordinance amendment changing the title supervisor-staff support services to staff services systems specialist. There are no additional positions being requested nor is there a change in salary - action requested - ADOPT ORDINANCE 3014 AND AUTHORIZE THE CHAIR TO SIGN. 12. Adoption of a salary ordinance amendment implementing the results of a compensation study for the classifications of County Clerk's fiscal administrator, municipal court administrator, and superior court administrative officer/jury commissioner agreed to as part of Trial Court Funding negotiations. It is recommended that the position of County Clerk's fiscal administrator be retitled to administrative analyst II at salary range 184 from 186, resulting in a Y-rating with a one percent salary decrease (as part of the same action, the classification of County Clerk's fiscal administrator is abolished), the municipal court administrator is realigned to salary range 252 from 215, and the superior court administrative officer/jury commissioner is realigned to salary range 222 from 198 (50 percent County general fund/50 percent Trial Court Funding) - action requested - ADOPT ORDINANCE 3015 AND AUTHORIZE THE CHAIR TO SIGN. 13. Adoption of an ordinance enacting Article XVI.5 of Chapter 2 of the Butte County Code regarding the processing of applications for industrial and commercial projects within the unincorporated area of the Oroville Enterprise Zone - action requested - ADOPT ORDINANCE 3016 AND AUTHORIZE THE CHAIR TO SIGN. 14. Program supplement no. 004 to master agreement no. SLTPP-5912 (construction on East Avenue at Cussick Avenue and Esplanade at Eaton Road intersections, project no. SB 92-5912(033) - reimbursement of funds for qualified projects under the State/Local Transportation Partnership Program (SLTPP) requires execution of a program supplement - action requested - ADOPT RESOLUTION 92-70 AUTHORIZZNG EXECUTION BY THE CHAIR OF PROGRAM SUPPLEMENT NO. 004. Page 201 June 23, 1992 June 23, 1992 92-241 15. Program supplement no. 005 to master agreement no. SLTPP-5912 (construction of asphalt concrete overlay with reinforcinq fabric on Cohasset Road (Chico City limits to Keefer Road, project no. SB 92-5912(037) - reimbursement of funds for qualified projects under the State/Local Transportation Partnership Program (SLTPP) requires execution of a program supplement - action requested - ADOPT RESOLUTION 92-71 AUTHORIZING EXECUTION BY THE CHAIR OF PROGRAM SUPPLEMENT NO. 005. 16. Program supplement no. 006 to master agreement no. SLTPP-5912 (construction of asphalt concrete overlay with reinforcing fabric on Oakvale Avenue, Mount Ida Road to State Highway 162, project no. SB 92-5912(040) - reimbursement of funds for qualified projects under the State/Local Transportation Partnership Program (SLTPP) requires execution of a program supplement - action requested - ADOPT RESOLUTION 92-72 AUTHORIZING EXECUTION BY THE CHAIR OF PROGRAM SUPPLEMENT NO. 006. 17. 1992/93 egg quality control contract no. 92-0130 - proposed is a contract with the State Department of Food and Agriculture in the amount of $967.12 (100$ State) - action requested - APPROVE CONTRACT AND AUTHORIZE THE CHAIR TO SIGN. 18. 1992/93 100~ pesticide use reporting - proposed is a memorandum of understanding with the State Department of Pesticide Regulation in the amount of $15,500 (100~ State) for work performed under the 100~ pesticide use reporting system - action requested - APPROVE MEMORANDUM OF UNDERSTANDING AND AUTHORIZE THE AGRICULTURAL COMMISSIONER TO SIGN ON BEHALF OF THE COUNTY. 19. Feather River Wildlife Care - proposed is an agreement for the provision of facilities, trained staff and other resources for the caring of injured birds and animals which promotes the propagation and conservation of wildlife in an amount not to exceed $1,000 (Fish and Game Propagation Fund) commencing July l, 1991 through June 30, 1992. The expenditure has been approved and recommended by the Butte County Fish and Game Commission - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. Page 202 June 23, 1992 June 23. 1992 92-241 20. County of Butte (Mental Health Department, Alcohol and Drug Services, Youth Services Division)/Butte County Probation Department - the proposed agreement provides for the assignment of a half- time probation officer to the Community Counseling Centers to act as a liaison between the Probation Department and Youth Services as well as to provide case management services for youth transitioning from Juvenile Hall to the community. The agreement covers the period January 1, 1992 through June 30, 1992 in the maximum amount of $14,441 (Office of Treatment Improvement [O.T.I.] federal grant) - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. 21. Chico Community Hospital - Board approval is requested to unencumber $5,000 from the Chico Community Hospital - emergency room contract and amend the Chico Community Hospital - food contract to reflect an increase of $5,000 - action requested - APPROVE THE UNENCUMBRANCE, THE CONTRACT AMENDMENT, AND AUTHORIZE THE CHAZR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR- CONTROLLER. 22. Crestwood Hospitals, Inc. - the proposed contract provides for an estimated 4,380 bed/days (12 beds) from July 1, 1992 through June 30, 1993 at $76 to $78 per bed/day. The beds are located at four Crestwood facilities: Redding (4), Modesto (4), Angwin (1), and Eureka (3). The maximum contract amount is $340,877 (State realignment funds) - action requested - APPROVE CONTRACT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. 23. Eskaton-Sacramento - the proposed contract provides for an estimated 365 bed/days (one bed) from July 1, 1992 through June 30, 1993 at $78 per bed/day for a maximum contract amount of $28,404 (State realignment funds) - action requested - APPROVE CONTRACT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. 24. Harbor Hills, Santa Cruz - the proposed contract provides for an estimated 730 bed/days (two beds) from July 1, 1992 through June 30, 1993 at $78 per bed/day for a maximum contract amount of $57,050 - action requested - APPROVE CONTRACT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. Page 203 June 23, 1992 June 23, 199 92-241 25. Merced Manor - the proposed contract provides for an estimated 2,190 bedjdays (six beds) from July 1, 1992 through June 30, 1993 at $78 per bed/day for a maximum contract amount of $170,426 - action requested - APPROVE CONTRACT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. 26. Michael Clayton & Associates - proposed is an amendment to the contract for the preparation of the Energy, Natural Resources and Recreation Element of the County's General Plan which increases total billings withheld to 81~ from 85~ and reduces the retention to be held by the County from 10~ to 6$ - action requested - APPROVE AMENDMENT TO CONTRACT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND TIiE AUDITOR-CONTROLLER. 27. Mark Hildago - proposed is an agreement to purchase Max, a German Shepherd dog, for use by the Sheriff's Department canine unit for the sum of $1 with the option for Hildago to repurchase Max from the County for the sum of $1 in the event Max becomes disabled or is no longer needed or suited for police work, or Hildago leaves the department for any reason - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. 28. Catalyst: Women's Advocates, Inc. - Domestic Violence Program - proposed is amendment no. 13 for the provision of a Domestic Violence Program in Butte County at an annual cost of $22,800 (Marriage License Trust Fund) - action requested - APPROVE AMENDMENT TO AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. 28. 1992/93 GAIN Plan update - Board approval is requested of the County's annual 1992/93 GAIN Plan update. This plan has been approved by the State Department of Social Services - action requested - APPROVE 1992/93 GAIN PLAN UPDATE. 29. Workers' compensation reform - a letter has been prepared requesting key legislators to support workers' compensation reform concepts supported by the Board and the California State Association of Counties (CSAC) - action requested - APPROVE LETTER AND AUTHORIZE THE CHAIR TO SIGN. Page 204 June 23, 1992 June 23, 1992 92-241 30. City of Biggs - forwards resolution no. 9(1992 series) requestinq the Board of Supervisors to authorize the County Clerk-Recorder to consolidate the municipal election of two full term (four years) councilpersons with the November 3, 1992 general election - action requested - AUTHORIZE THE COUNTY CLERK-RECORDER TO CONDUCT AND CANVASS THE RETURNS OF THE NOVEMBER 3, 1992 CONSOLIDATED ELECTION. 31. Court Work Referral Program - Board authorization is requested for the purchase of an accident medical insurance policy for court work referral participants effective July 1, 1992 in the estimated cost of $1,000. The cost of insurance would be recovered during the year by charging each court work referral participant a fee of no more than $1. The recommendation is supported by presiding judges at North and South Butte County Municipal Courts - action requested - APPROVE PURCHASE OF AN ACCIDENT MEDICAL INSURANCE POLICY FOR COURT WORK REFERRAL PARTICIPANTS AND CHARGING EACH COURT WORK REFERRAL PARTICIPANT A FEE OF NO MORE THAN $1. 32. 1992/93 pesticide regulatory enforcement agreement no. 92-0034 - proposed is an agreement with the State Department of Food and Agriculture in the maximum amount of $32,725 commencing July 1, 1992 through June 30, 1993. The agreement includes one- time funding of $150 for computer training for employees (100$ State) - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF THE AUDITOR-CONTROLLER. 33. County of Butte/City of Biggs - proposed is a renewal of the cooperative agreement to provide fire protection, rescue and emergency medical services in the maximum amount of $11,810 per year commencing July l, 1992 through June 30, 1993 - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUHJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. 3.37 REMOVED. S M VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y(Unanimously Carried) MOTI~N: I MOVE TO APPROVE THE CONSENT AGENDA WITH ITEMS 3.14, 3.21, 3.22, 3.25, 3.34, 3.36 AND (SUPERVISOR McINTURF ABSTAINED FROM VOTING ON ITEM 3.01 - APPROVAL OF MINUTES OF JUNE 9, 1992) Page 205 June 23, 1992 June 23. 1992 Reqular Agenda 92-242 Appointments - commissions and committees. a. Appointments to committee vacancies. (NONE~ 92-243 Further report to the Board concerning County fees charged for providing public records and sales tax on those fees. (95) MOTION: I MOVE TO ESTABLISH COUNTY FEES FOR PROVIDING PUBLIC RECORDS AT $.25 PER FIRST COPY AND EACH ADDITIONAL COPY AT $.08 WITH NO SALES TAX. M S VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y(Unanimously Carried) 92-244 Consideration of fixed asset account equipment purchases pursuant to Board policy of review on a case-by-case basis: (317) A. Chief Administrative Officer's recommendation for approval: (1) General Services/Purchasing - bid 76-92 UHF audio link - the Purchasing Department received and opened bids for the UHF audio link equipment for Sunset Hill. The bids have been evaluated and the low bid is CSG Services of Grass Valley in the amount of $1,329.65 plus tax (general fund/ISF); MOTION: I MOVE TO APPROVE THE AWARD OF BID 76-92 FOR A UHF AUDIO LINK TO THE LOW BIDDER CSG SERVICES, GRASS VALLEY IN THE AMOUNT OF $1,329.65 PLUS TAX. S M VOTE: 1 Y 2 Y 3 N 4 Y 5 Y(Motion Carried) (2} Probation Department/Juvenile Hall - the purchase of a new washing machine in the approximate amount of $500 (general fund) to replace a washing machine which is not operating. The repair of the old machine is estimated at a minimum of $250; and MOTION: I MOVE TO APPROVE PURCHASE OF THE FIXED ASSET ITEM IN THE MAXIMUM AMOUNT OF $504.20. M S VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y(Unanimously Carried) Page 20b June 23, 1992 June 23, 1992 92-244 (3) Public Health Department - one computer and printer for use in the Chico Environmental Health Office in the amount of $4,270 (70$ State/department fees, and 30~ general fund) - action requested - APPROVE PURCHASE OF FIXED ASSET ITEMS. MOTION: I MOVE TO APPROVE PURCHASE OF THE FIXED ASSET ITEMS ZN THE AMOUNT OF $4,270. S M VOTE: 1 Y 2 Y 3 N 4 N 5 Y(Motion Carried) 92-245 Board authorization is requested to issue a sole source purchase order to Special T Fire Equipment Company for 49 respirator cylinders in the amount of $20,095.43 (general funding) - action requested - APPROVE SOLE SOURCE PURCHASE. (602) MOTION: I MOVE TO APPROVE THE SOLE SOURCE PURCHASE. S M VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y(Unanimously Carried) 92-246 Natural Gas Core Aggregation Program - agreements have been prepared which will permit the County to participate in a pilot program to reduce the price of natural gas serving County owned and leased buildings - action requested - APPROVE PG&E NATURAL GAS CORE TRANSPORTATION SERVICE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN AN AUTHORIZATION FOR SUNPACIFIC ENERGY MANAGEMENT, INC. TO ACT ON CUSTOMER'S BEHALF; AND APPROVE CORE NATURAL GAS SALES AGREEMENT WITH SUNPACIFIC/SUNRISE ENERGY COMPANY AND AUTHORIZE THE CHAIR TO SIGN. (634) MOTION: I MOVE TO APPROVE THE PG&E NATURAL GAS CORE TRANSPORTATION SERVICE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN AN AUTHORIZATION FOR SUNPACIFIC ENERGY MANAGEMENT, INC. TO ACT ON CUSTOMER'S BEHALF; AND APPROVE CORE NATURAL GAS SALES AGREEMENT WITH SUNPACIFIC/SUNRISE ENERGY COMPANY AND AUTHORIZE THE CHAIR TO SIGN. M S VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) Page 207 June 23, 1992 June 23. 1992 92-247 Sierra West Surveying on behalf of~ LeOra and Richard Dwyer - consideration of an appeal of Planning Commission condition no. 1(Meet the requirements of the Butte County Environmental Health Department concerning sewage disposal. No drainage to be allowed into the Watershed Protection Zone or into actual watershed of Paradise Irrigation District.), and condition no. 3(Provide a permanent solution for drainage. Surface drainage shall meet the requirements of Water Quality Control Board.), AP 65-46-19 and 20, property located on the north side of Hollywood Road approximately 400 feet east of Skyway, Magalia. (760) MOTION: I MOVE THAT THIS ITEM BE REFERRED TO A COMMITTEE CONSISTING OF A BOARD MEMBER (SUPERVISOR FULTON), HEALTH DEPARTMENT, PLANNING, APPLICANT AND OTHERS TO SEEK A RESOLUTION TO THIS ISSUE, AND REPORT TO THE BOARD. S M VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) 92-248 Items removed from the Consent Agenda for Board consideration and action. (SUPERVISOR McLAUGHLIN NOT PRESENT) 1. Adoption of an ordinance correcting typographical errors in the Durham-Dayton-Nelson planning area zoning ordinance (no. 2985, adopted February 25, 1992) - action requested - ADOPT ORDINANCE AND AUTHORIZE THE CHAIR TO SIGN. (1150) MOTION: I MOVE TO ADOPT ORDINANCE 3017 AND AUTHORIZE THE CHAIR TO SIGN. M S VOTE: 1 Y 2 Y 3 Y 4 NP 5 Y (Unanimously Carried) 2. Contract to seek federal reimbursement for targeted case management for Medi-Cal recipients - San Mateo County is coordinating an effort among California counties to modify the State Medi-Cal Plan to gain federal reimbursement for targeted case management services provided to Medi-Cal recipients. The effort will go forward if 34 counties agree to participate for $2,500 by June 30, 1992 and $2,500 by September 30, 1992 (State/Federal/County). When fully implemented, the program could gain Butte County several hundred thousand dollars per year in additional federal reimbursements - action requested - APPROVE THE APPROPRIATE BUDGET TRANSFERS FROM THE MENTAL HEALTH, PUBLIC HEALTH, AND SOCIAL WELFARE BUDGETS, APPROVE CONTRACT AND AUTHORIZE THE CHAIR TO SIGN. (1240) Page 208 June 23, 1992 June 23, 1992 92-248 (SUPERVISOR MCLAUGHLIN PRESENT) MOTION: I MOVE TO APPROVE THE APPROPRIATE BUDGET TRANSFERS FROM THE MENTAL HEALTH, PUBLIC HEALTH, AND SOCIAL WELFARE BUDGETS, APPROVE CONTRACT AND AUTHORIZE THE CHAIR TO SIGN. S M VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) 3. DFM Associates - proposed is a modification to an agreement for the provision of the EIMS, RIMS, FBN and SIRS software for the Elections and Recorder's Offices which extends the term of the agreement from July 1, 1992 throuqh June 30, 1997. The yearly maximum cost of $69,000 (general fund) remains unchanged - action requested - APPROVE MODIFICATION TO AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (1373) MOTION: I MOVE TO APPROVE MODIFICATION TO AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR- CONTROLLER. M S VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y(Unanimously Carried) 4. PATH Grant/Butte County Mental Health Department - the initial PATH Grant application to the County has been increased from $23,965 to $28,573. The additional $4,608 will be used to help cover employee salaries used when the Representative Payee Program was taken in house - action requested - APPROVE INCREASED BUDGET APPROPRIATION AND APPROPRIATE BUDGET TRANSFER. (1445) MOTION: I MOVE TO APPROVE INCREASED BUDGET APPROPRIATION AND APPROPRIATE BUDGET TRANSFER. M S VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y(Unanimously Carried) 5. Scott Schofield - proposed is a lease for 3,900 square feet of office space at 492 Rio Lindo, Chico suitable for combining the Alcohol and Drug Services Division Administration (572 Rio Lindo, #105) and Youth Services (492 Rio Lindo) at a monthly cost of $2, 379. The term of the lease is July 1, 1992 through June 30, 1993 in the maximum amount of $28,548 (State/Federal) - action requested - APPROVE LEASE AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (1528) Page 209 June 23, 1992 ~ June 23, 1992 92-248 MOTION: I MOVE TO APPROVE THE LEASE AND AUTHORIZE THE CHAIR TO SIGN SUHJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. M S VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y(Unanimously Carried) 6. Victim/Witness Assistance Proqram - the 1992/93 grant application to the State Board of Control provides grant monies in the amount of $96,600 (100~ State) for verification of victim claims - action requested - ADOPT RESOLUTION AUTHORIZING THE CHIEF PROBATION OFFICER TO SIGN THE AGREEMENT ON BEHALF OF THE COUNTY SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (1660) MOTION: I MOVE TO ADOPT RESOLUTION 92-73 AUTHORIZING THE CHIEF PROBATION OFFICER TO SIGN THE AGREEMENT ON BEHALF OF THE COUNTY SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR- CONTROLLER. M S VOTE; 1 Y 2 Y 3 Y 4 Y 5 Y(Unanimously Carried) 7. 1991/92 County Medical Services Program (CMSP) contract amendment - the proposed amendment increases the maximum amount payable to Butte County to cover eligibility determination expenses from $649,547 to $678,656 (State) - action requested - APPROVE CONTRACT AMENDMENT AND AUTHORIZE THE CHAIR TO SZGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (1883) MOTION: I MOVE TO APPROVE THE CONTRACT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR- CONTROLLER. M S VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y(Unanimously Carried) RECESS: 10:06 A.M. RECONVENE: 10:22 A.M. Page 210 June 23, 1992 June 23, 1992 Public Hearinas and Timed Items 92-249 Public hearing - L& L Surveying on behalf of Ray Baker - consideration of a rezone (proposed negative declaration with mitigation measures regarding environmental impact) from "U" (unclassified) and S-H (scenic highway) to FR-5 (foothill recreational - five acre parcels), property located on the west side of Clark Road, approximately 400 feet north of Adobe Lane, AP 041-080-135, Oroville area. (1967) MOTION: I MOVE TO ACCEPT THE RECOr~IENDATIONS OF STAFF MEMORANDUM DATED MARCH 11, 1992, AND A. FIND THAT: 1. AN INITIAL STUDY WAS COMPLETED IN COMPLIANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT.; 2. SAID STUDY AND COMMENTS RECEIVED THEREON IDENTIFIED POTENTIALLY SIGNIFICANT ENVIRONMENTAL EFFECTS THAT THE PROJECT MAY HAVE HAD, BUT: (A) PROVISIONS IN THE PROJECT PLANS OR PROPOSALS MADE BY OR AGREED TO BY THE APPLICANT WOULD AVOID SUCH EFFECTS OR MITIGATE SUCH EFFECTS TO A POINT WHERE CLEARLY NO SIGNIFICANT ENVIRONMENTAL EFFECTS WOULD OCCUR.; (B) THERE IS NO SUBSTANTIAL EVIDENCE BEFORE THE COUNTY THAT THE PROJECT, AS REVISED, MAY HAVE A SIGNIFICANT EFFECT ON THE ENVIRONMENT.; 3. THE PROPOSED NEGATIVE DECLARATION WITH MITIGATION MEASURES HAS BEEN COMPLETED IN COMPLIANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT.; 4. FIND THAT THE REZONE CONFORMS TO THE POLICIES, INCLUDING THE TEXT AND MAP OF THE BUTTE COUNTY GENERAL PLAN, BECAUSE IT IS CONSISTENT WITH THE REZONES THAT HAVE BEEN MADE IN THE AREA; AND B. ADOPT ORDINANCE 3018 REZONING TO FR-5 THAT PROPERTY IDENTIFIED AS AP 041-080-135 (RAY BAKER); AND ADOPT RESOLUTION 92-74 TO ENTER INTO A CONDITIONAL ZONING AGREEMENT SUBJECT TO THE FOLIAWING CONDITIONS: (1) SHOW ON THE FINAL MAP A 100 FOOT NO DISTURBANCE SETBACK ALONG BOTH SIDES OF THE WEST BRANCH OF CLEAR CREEK. THE SETBACK SHALL CONII~ZENCE FROM THE OUTSIDE EDGE OF THE WETI~ND/RIPARIAN VEGETATION OR BANK TOP, WHICHEVER IS GREATER. PLACE A NOTE ON THE ADDITIONAL MAP SHEET THAT STATES: "ANY WORK WITHIN THE 100 YEAR FLOOD PLAIN SHALL REQUIRE PRIOR NOTIFICATION TO THE CALIFORNIA DEPARTMENT OF FISH AND GAME."; (2) PROVIDE A ROAD SIGN THE INTERSECTION OF ADOBE LANE AND Page 211 June 23, 1992 June 23, 1992 92-249 CLARK ROAD TO COUNTY "PUBLIC ROAD SIGN STANDARDS".; (3) PLACE A NOTE ON THE FINAL MAP STATING "AUTOMATIC FIRE SUPPRESSION SPRINKLER SYSTEMS SHALL BE INSTALLED IN ALL NEW RESIDENTIAL STRUCTURES IN ACCORDANCE WITH THE NATIONAL FIRE PROTECTION ASSOCIATION STANDARD FOR THE INSTALLATION OF SPRTNKLER SYSTEMS IN ONE AND TWO FAMILY DWELLINGS AND MOBILE HOMES, NFPA STANDARD 13D. THE PURPOSE OF THE INSTALLATION OF SPRINKLER SYSTEMS IS FOR ADDITIONAL SAFETY AND PROPERTY PROTECTION IN THE EVENT OF RESIDENTIAL FIRES. THIS INSTALLATION WILL REDUCE THE DEMAND FOR STRUCTURAL FIRE PROTECTION SERVICES IN THOSE INSTANCES WHERE THEY ARE INSTALLED."; (4) PLACE A NOTE ON THE ADDITIONAL MAP SHEET OF THE FINAL MAP AND ON THE DEEDS THAT STATES: (A) N~ OAK TREE REMOVAL EXCEPT FOR THAT REQUIRED TO PROVIDE SPACE FOR BUILDINGS AND ASSOCIATED ACCESSORIES TO MEET HEALTH ,AND SAFETY STANDARDS.; {B) ESTABLISH A NO DISTURBANCE SETBACK, COMr~NCING FROM THE OUTER EDGE OF THE OAK TREE CANOPY AND EXTENDING OUTWARD A DISTANCE EQUAL TO ONE-HALF OF THE CANOPY RADIUS, AROUND EACH TREE. NO DISTURBANCE INCLUDES ZRRIGATION AND ROOT DAMAGING ACTIVITIES.; (C) RETAIN ALL SNAGS EXCEPT THOSE WHICH POSE A DIRECT SAFETY HAZARD.; (Dj NO PRUNING OR CUTTING OF OAKS EXCEPT FOR SAFETY PURPOSES. DECIDUOUS OAKS SHOULD BE PRUNED DURING THE WINTER DORMANT SEASON ONLY AND EVERGREEN OAKS DURING JULY - AUGUST ONLY.; (5) PERFORM A BOTANICAL SURVEY OF THE PROPERTY TO ASCERTAIN THE PRESENCE OF ANY RARE OR ENDANGERED PLANT SPECIFIES.; AND (6) CONSTRUCT A PAVED ROAD APPROACH ON ADOBE LANE TO CAL TRANS STANDARDS. M S VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y(Unanimously Carried) 92-250 Continued hearing - GDA Engineering on behalf of Feather River Homes, Inc. - consideration of an appeal of the Advisory Agency's denial of a tentative subdivision map (item for which environmental documents have not been completed), AP 30-032-02 and 30-033-O1 and 02, 320 lots, property bounded on the north by Nelson Avenue, on the east by 16th Street and 18th Street, on the west by 18th Street and 20th Street, and on the south by Plumas Avenue, Thermalito area. (2115) Page 212 June 23, 1992 June 23. 1992 92-250 MOTION: I MOVE TO DENY THE APPEP,L FINDING THAT THE ENVIRONMENTAL DOCUMENTS HAVE NOT BEEN COMPLETED, THAT THE APPLICANT IS NOW WILLING TO COMPLETE SAID DOCUMENTS, REQUIRING THE APPLICANT TO WAIVE THE TIME LIMITS UNDER THE REQUIREMENTS OF THE PERMIT STREAMLINING ACT AND CEQA, AND REFERRING THE PROJECT BACK TO THE ADVISORY AGENCY FOR FURTHER PROCESSING. M S VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y(Unanimously Carried) 92-251 Public hearing - gate fee conversion at the Neal Road Landfill from a volume to tonnage basis. (2576) (**00) (NO ACTION TAKEN) (SUPERVISOR McLAUGHLIN NOT PRESENT) 92-252 Public hearing - Lucile Blasingame - consideration of a rezone (proposed negative declaration with mitigation measures regarding environmental impact) from A-5 (agricultural - five acre parcels) to SR-1 (suburban residential - one acre parcels), property located on the east side of Jones Avenue, approximately 300 feet north of Durham Dayton Highway, AP 040-180-051 and 052, Durham area. (636) MOTION: I MOVE TO ACCEPT THE RECOMMENDATIONS OF STAFF MEMORANDUM DATED APRIL 7, 1992; AND A. FIND THAT: 1. AN INITIAL STUDY HAS BEEN COMPLETED IN COMPLIANCE WITH CEQA.; 2. SAID STUDY AND COMMENTS RECEIVED THEREON IDENTIFIED POTENTIALLY SIGNIFICANT ENVIRONMENTAL EFFECTS THAT THE PROJECT MAY HAVE HAD BUT: (A) REVISIONS IN THE PROJECT PLANS OR PROPOSALS MADE BY OR AGREED TO BY THE APPLICANT WOULD AVOID SUCH EFFECTS OR MITIGATE SUCH EFFECTS TO A POINT WHERE CLEARLY NO SIGNIFICANT EFFECTS WOULD OCCUR, AND (B) THERE IS NO EVIDENCE BEFORE THE COUNTY THAT THE PROJECT, AS REVISED, MAY HAVE A SIGNIFICANT EFFECT ON THE ENVIRONMENT.; 3. THE PROPOSED ZONING IS CONSISTENT WITH THE BUTTE COUNTY GENERAL PLAN AND WITH THE POLICIES OF THE DURHAM-DAYTON-NELSON AREA PLAN.; B. ADOPT A NEGATIVE DECLARATION WITH MITIGATION MEASURES; C. ADOPT ORDINANCE 3019 ZONING TO SR-1 THAT PROPERTY IDENTIFIED AS AP 040-180-051 AND 052 (LUCILE BLASINGAME); AND D. ADOPT RESOLUTION 92-75 APPROVING A CONDITIONAL ZONING AGREEMENT FOR PROPERTY IDENTIFIED AS AP 040-180-051 AND 052 Page 213 June 23, 1992 June 23. 1992 92-252 (LUCILE BLASINGAME) SUBJECT TO THE FOLLOWING CONDITIONS: (1) PRIOR TO RECORDATION OF THE FINAL MAP, THE APPLICANT SHALL ENTER INTO AN AGREEMENT IN A FORM ACCEPTABLE TO THE DURHAM UNIFIED SCHOOL DISTRICT TO PARTICIPATE IN A FINANCING MECHANISM TO MITIGATE SCHOOL IMPACTS.; (2) A PRESSURIZED WATER SYSTEM WITH SIX INCH (6") HYDRANTS AND AT LEAST 750 GPM SHALL BE PROVIDED AND APPROVED BY THE COUNTY FIRE DEPARTMENT PRIOR TO RECORDATION OF THE FINAL MAP.; (3) PRIOR TO RECORDATION OF A FINAL MAP, THE PROPERTY SHALL BE ANNEXED INTO THE DURHAM IRRIGATION DISTRICT OR RECEIVE APPROVAL OF A COMMUNITY WATER SYSTEM BY THE COUNTY ENVIRONMENTAL HEALTH DEPARTMENT.; (4) PRIOR TO APPROVAL OF A TENTATIVE SUBDIVISION MAP, THE APPLICANT SHALL RECEIVE APPROVAL OF A PRELIMINARY DRAINAGE PLAN FOR THE SITE BY THE DEPARTMENT OF PUBLIC WORKS.; (5) PRIOR TO RECORDATION OF THE FINAL MAP A SEWER MAIN SHALL BE CONSTRUCTED WITHIN THE SUBDIVISION ROAD TO JONES AVENUE AND LATERAL LINES CONSTRUCTED TO EACH RESIDENTIAL PROPERTY. THE PLANS SHALL BE REVIEWED AND APPROVED BY THE DEPARTMENT OF ENVIRONMENTAL HEALTH AND PUBLIC WORKS. THE FOLIAWING NOTE SHALL BE PLACED ON THE FINAL MAP: "AT SUCH TIME A SEWER SYSTEM BECOMES AVAILABLE, PROPERTY OWNERS SHALL CONNECT TO THE SYSTEM WITHIN A TIME FRAME ESTABLISHED BY THE COUNTY."; AND (6) PROVIDE A 100 FOOT AGRICULTURAL SETBACK ON ALL BOUNDARIES THAT ADJOIN EXISTING COMMERCIAL ORCHARDS. 100 FOOT SETBACK TO MEASURE FROM PROPERTY LINE OR FROM BLASINGAME SIDE OF PUBLIC OR PRIVATE ROADS. S M MOTION: 1 Y 2 Y 3 Y 4 NP 5 Y(Unanimously Carried) 92-253 Continued hearing - Barnhart Brown & Associates on behalf of Charles and Shirley Thresher - consideration of an appeal of condition no. 2(provide two-way traversable access RS-9-LD-I to each parcel from a county maintained road or state highway) and condition no. 16 (provide a letter or other documentation from Oroville Wyandotte Irrigation District stating that they are willing and able to supply domestic water to parcel A) on tentative parcel map (proposed negative declaration with environraental mitigations), AP 33-O1-65, two parcels, property located on the northerly side of Long Bar Road approximately 8~0 feet northeasterly of Canyon Highlands Drive, Oroville area. (726) Page 214 June 23, 1992 June 23. 1992 92-253 (SUPERVISOR McLAUGHLIN PRESENT) MOTION: I MOVE TO UPHOLD THE APPEAL, ADOPT A NEGATIVE DECLARATION, AND FIND THAT THE CHANGE IN THE TWO CONDITIONS WOULD NOT BE DETRIMENTAL TO THE HEALTH, SAFETY AND WELFARE OF THE CITIZENS OF BUTTE COUNTY. M S VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y(Unanimously Carried) 92-254 Communications Communications received and referred. (COPIES OF ALL COMMUNICATIONS ARE AVAILABLE IN THE CLERK OF THE BOARD OFFICE.) (970) a. Jerry Novotny, President, Protect Our Watershed (POW) - expresses their interest in exploring the possibility of a Butte County ordinance which would govern timber harvesting in the unincorporated areas on property under three acres - action requested - REFER TO DIRECTOR-DEVELOPMENT SERVICES. (SUPERVISOR McINTURF NOT PRESENT; SUPERVISOR McINTURF PRESENT) (BOARD DIRECTION TO REFER TO COUNTY COUNSEL FOR AN UPDATED OPINION REGARDING TIMBER HARVESTING IN THE UNINCORPORATED AREAS ON PROPERTY UNDER 2.9 ACRES, AND REPORT TO THE BOARD WITHIN 30 DAYS.) b. Dennis Letl, Chief, Northern District, State Department of Water Resources - submits statements of costs for watermaster service in the Butte Creek service area in Butte County for the 1992/93 fiscal year - action requested - REFER TO AUDITOR- CONTROLLER, ASSESSOR, AND TREASURER-TAX COLLECTOR. c. Daniel Mohrbacher, Paradise - submits a statement to the Board regarding the County Health Officer and Director of Public Health's invocation of Health and Safety Code Section 1797.224 concerning exclusive operating areas for emergency medical services in Butte County - action requested - REFER TO ADMINISTRATION, COUNTY COUNSEL, AND PUBLIC HEALTH. Page 215 June 23, 1992 June 2 3, 19 9~2 92-254 d. Edwin J. Rambuski, attorney at law, San Luis Obispo - a copy of a letter from Mr. Rambuski to the Town of Paradise Council Members regarding the Neal Road Landfill, and the Town of Paradise's wastewater design assessment district - action requested - REFER TO ADMINISTRATION AND DIRECTOR- PUBLIC WORKS. Public Hearinas and Timed Items 92-255 Continued hearing - Michael McCollum - consideration of an appeal of the Advisory Agency's denial of a tentative parcel map (proposed negative declaration with environmental mitigations), AP 28-10-33, three parcels, property located on the west side of Fawn Court approximately 1,000 feet south of La Porte Road, Bangor area. (1135) MOTION: I MOVE TO DENY THE APPEAL FINDING THAT THE PROPOSED PROJECT DOES NOT CONFORM TO THE GENERAL PLAN POLICIES OF THE AGRICULTURAL- RESIDENTIAL GENERAL PLAN DESIGNATION. M S VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y(Unanimously Carried) 92-256 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 ZT IS NOT LISTED ON THE AGENDA.) (1470) 1. Jane Davis, Biggs -(1) thanks the Board for their support of SB 1199 (signage); and (2) June 27, 1992 article in the Enterprise-Record reqarding Jerry Holcomb and the County's nuisance abatement ordinance - flying over property taking pictures is an invasion of privacy, and reference to a new County nuisance abatement ordinance. 2. Viki Powers, Paradise - Item 4.05 on June 23, 1992 agenda - sole source purchase order to Special T Fire Equipment Company for respirator cylinders. 3. Rob MacKenzie, District Attorney's Office - responded to comments made regarding County's nuisance abatement ordinance, and alleged invasion of privacy by law enforcement. 4. Charles Cruthers, Oroville -(1) rules of search and privacy; and (2) smoking ordinance. Paqe 216 June 23, 1992 --~ June 23, 1992 92-257 ATTEST: By: CLOSED SESSION: The Board recessed at 12:01 p.m. for the purpose of a closed session on actual litigation pursuant to Government Code Section 54956.9(a) (Michael Flicker, a workers' compensation matter, and County of Butte v. Jerry Holcomb), and meet and confer. (1443) RECONVENE: The Board reconvened at 12:50 p.m. following a closed session for the purpose of actual litigation pursuant to Government Code Section 54956.9(a) (Michael Flicker, a workers' compensation matter, and County of Butte v. Jerry Holcomb), and meet and confer. (2161) (NO ANNOUNCEMENTS) BLACKLOCK; lerk of the Supervisors Administrative of Supervisors Page 217 June 23, 1992 ADJOURNMENT: There being no further business before the Board, the meeting was adj ourned at 12:50 p.m. to reconvene at 9:00 a.m. on Tuesday, June 30, 1992.