HomeMy WebLinkAboutM072192July 21. 1992
Call to order - Board of Supervisors room, County
Administration Building, 25 County Center Drive,
Oroville. Supervisors Fulton, Houx, McInturf and Chair
Dolan present. Supervisor McLaughlin not 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. (SUPERVISOR McLAUGHLIN PRESENT)
92-280 Items removed from the Consent Agenda for Board
consideration and action.
1. Contract change order no. 1- Richvale Fire Station
remodel - the change order, in the increasing
amount of $1,713 provides for trusses for the fire
station apparatus room - action requested - APPROVE
CHANGE ORDER NO. 1 AND AUTHORIZE THE CHAIR TO SIGN.
2. Board of Supervisors' request for relief from
accountability - pursuant to Government Code
Section 29390 and Board Resolution 75-177, relief
from accountability is requested for miscellaneous
items of office equipment (asset nos. 0004594,
0011612, 0014160, and 0017314) totaling $197.01
unaccounted for because of inventory tracking and
transfer errors. The district attorney and
auditor-controller support the request - action
requested - APPROVE RELIEF FROM ACCOUNTABILITY.
3. Introduction of an ordinance adding Section 1-6.5
to Chapter 1 of the Butte County Code limiting time
for judicial review of quasi-judicial decisions -
the proposed ordinance would adopt the provisions
of Section 1094.b of the California Code of Civil
Procedure as a general time limit (Statute of
Limitations) within which a petition must be filed
in court challenging administrative decisions of
the County - action requested - WAIVE READING OF
THE ORDINANCE.
Page 232
July 21, 1992
92-280 July 21. 1992
4. Introduction of a salary ordinance amendment which
aligns Public Works - Building Inspection, Public
Works - Subdivision Inspection and Planning under
the Development Services Department. The ordinance
abolishes the code enforcement officer positions in
the Public Works, Public Health, and Planning
Departments for payroll purposes only. These
positions have previously been established within
the Development Services Department. This
ordinance does not create any additional positions,
and funding is from within the department budget -
action requested - WAIVE READING OF THE ORDINANCE.
5. Introduction of a salary ordinance amendment
implementing the addendum (wage increase of two
percent effective August 1, 1992) to all memoranda
of understanding with employee associations adopted
by the Board on December 3, 1991. Funding is
included in the 1992/93 County proposed budget -
action requested - WAIVE READING OF THE ORDINANCE.
6. Introduction of a salary ordinance amendment
implementing a title heading change for the Public
Health Department's Animal Control Section to
Rabies Control Section to more closely reflect
actual activities performed - action requested -
WAIVE READING OF THE ORDINANCE.
7. Contract change order no. 1 for reconstruction of
Fallbrook Avenue (from Ft. Wayne Street to
Wyandotte Avenue), County contract no. 15505E-91-
1- contract change order no. 1 in the increasing
amount of $1,477.50 provides payment for
stabilization of unsuitable subgrade material -
action requested - APPROVE CONTRACT CHANGE ORDER
NO. 1 AND AUTHORIZE THE CHAIR TO SIGN.
8. State Department of Water Resources - pursuant to
the proposed agreement, the Department shall pay
the County two percent (2.0~) of the gross proceeds
paid to any transferor for water transferred, sold
or leased out of the County in the maximum amount
of $49,500 commencing upon execution of the
agreement and State Department of General Services
approval, and expiring on December 31, 1992 -
action requested - APPROVE AGREEMENT AND AUTHORIZE
THE CHAIR TO SIGN.
Page 233
July 21, 1992
92-280
July 21, 1992
9. Work Training Center for the Handicapped, Inc. -
the proposed contract provides socialization and
recreational services for County mental health
services clients commencing July 1, 1992 through
June 30, 1993 in the maximum amount of $141,560
(State realignment funds) - action requested -
APPROVE CONTRACT AND AUTHORIZE THE CHAIR TO SIGN
SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE
AUDITOR-CONTROLLER.
10. Work Training Center for the Handicapped, Inc. -
the proposed contract provides Vocational
Rehabilitation Program services for County mental
health services clients commencing July l, 1992
through June 30, 1993 in the maximum amount of
$48,953 (State realignment funds) - action
requested - APPROVE CONTRACT AND AUTHORIZE THE
CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL
AND THE AUDITOR-CONTROLLER.
92-281
Consent Agenda
l. Approval of minutes - action requested - APPROVE
MINUTES OF JULY 7, 1992.
2. Budget transfer - action requested - APPROVE BUDGET
TRANSFER B-001 (COUNTY CLERK-RECORDER).
3. County library donations - in accordance with
Government Code Section 25355, donations totaling
$3,900 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 LETTER OF
APPRECIATION.
4. Building Code Board of Appeals - action requested -
REAPPOINT LOU G. CHRYSLER, JR., DAN COOK, STEVE
HONEYCUTT AND LEROY BIGGERS TO TERMS TO EXPIRE
AUGUST 1, 1996.
5. Kimshew Cemetery District - action requested -
REAPPOINT JOSEPH F. DALTON AND CAROLYN CLIFT TO
SERVE UNTIL JULY 1, 1996.
6. Private Industry Council - action requested -
APPOINT JOHN RUSH, CHICO AREA BUSINESS, TO SERVE
UNTIL JUNE, 1994.
Page 234
July 21, 1992
92-281 July 21, 1992
7. Report to the Board on pending parcel map
applications in the North Chico area currently on
file with the Department of Development Services -
action requested - ACCEPT FOR INFORMATION.
8. Conveyance of County property - Board authorization
is requested for the donation of a 1967 Ford F-150
1/2 ton pick-up truck (asset no. 250) to the Butte
County Fair. The truck has been taken out of
service by the County - action requested -
AUTHORIZE TRANSFER OF FIXED ASSET ITEM.
9. Planning Department's request for relief from
accountability - pursuant to Government Code
Section 29390 and Board Resolution 75-177, relief
from accountability in the total amount of
$1,524.50 is requested for a video camera (asset
No. 20860), and a VCR and monitor (asset no. 20861)
lost as a result of a burglary on May 7-8, 1992.
The district attorney and auditor-controller
support the request - action requested - APPROVE
RELIEF FROM ACCOUNTABILITY.
10. Relief from accountability - computer and related
peripheral equipment the Data Processing Department
has deemed to be beyond economic repair (Purchasing
surplus: Citizen MSP 40 printer [asset no. 19718],
Epson printer [asset no. 19284], Hewlett Packard
terminals [asset nos. 20479 and 20485]; and
Administration/Risk Management: PS/2 model 30
computer [asset no. 19531]) - action requested -
APPROVE RELIEF FROM ACCOUNTABILITY.
11. Department of Social Welfare's request for relief
from accountability - pursuant to Government Code
Section 29390 and Board Resolution 75-177, relief
from accountability for the collection of client
overpayments in the amount of $5,293.50. The
district attorney and auditor-controller support
the request - action requested - APPROVE RELIEF
FROM ACCOUNTABILITY.
12. County Clerk-Recorder - Board authorization is
requested pursuant to Government Code Section 6159
for the Office of the Clerk of Superior Court to
accept credit card payment of fees/fines.
Processing of credit card payments will be through
the firm of Vital Record Permit Chek of Tennessee,
and they will assume all liability for payments.
There is no cost to the County for this service -
action requested - AUTHORIZE THE CLERK OF THE
SUPERIOR COURT TO ACCEPT CREDIT CARD PAYMENT OF
FEES/FINES.
Page 235
July 21, 1992
92-281 July 21. 1992
13. Payment of time expired warrant - Patricia Virginia
Sacco - a request has been received for payment of
a time expired warrant (No. 14171) issued on
December 17, 1986 in the amount of $13.00 for jury
service in the Oroville Judicial District - action
requested - AUTHORIZE THE AUDITOR-CONTROLLER TO
REISSUE TIME EXPIRED WARRANT.
14. Adoption of a salary ordinance amendment changing
the allocated position control of the Probation -
Victim Witness Grant by eliminating one 50$
probation officer II/I position and reducing one
full time probation officer II/I position to 60~,
and of the Probation - Board of Control Grant by
reducing one full time victim claims specialist
position to 50$. The salary ordinance amendment
will result in commensurate reductions ($52,224) in
State funding - action requested - ADOPT ORDINANCE
3020 AND AUTHORIZE THE CHAIR TO SIGN.
15. Adoption of an ordinance establishing a speed limit
of 35 miles per hour on Skyway from 6.45 miles
north of Quartz Street to 6.75 miles north of
Quartz Street (Inskip) - action requested - ADOPT
3021 ORDINANCE AND AUTHORIZE THE CHAIR TO SIGN.
16. Resolution approving the adoption of the Butte
County Hazardous Waste Management Plan (1992) - the
proposed plan, which incorporates wording changes
required for State approval, has been approved by
all cities within the County - action requested -
ADOPT RESOLUTION 92-90 APPROVING THE BUTTE COUNTY
HAZARDOUS WASTE MANAGEMENT PLAN AS REVISED PURSUANT
TO SECTION 66780 OF THE GOVERNMENT CODE.
17. Resolution establishing responsibilities for
implementation of Americans With Disabilities Act
(A.D.A.) - the proposed resolution (1) Commits the
County to comply with A.D.A .; (2) Designates the
Personnel Director as the County's Compliance
Officer; (3) Systematically reviews the County's
Personnel Rules to assure compliance; and (4}
Establishes an A.D.A. advisory committee to provide
technical guidance to the A.D.A. compliance
officer - action requested - ADOPT RESOLUTION 92-91
AND AUTHORIZE THE CHAIR TO SIGN.
18. Resolution in honor
Library Director, upo
years of service to the
ADOPT RESOLUTION 92-92
SIGN.
of Josephine "Jo" Terry,
n her retirement after 24
County - action requested -
AND AUTHORIZE THE CHAIR TO
Page 236
July 21, 1992
92-281 July 21, 1992
19. Approval of plans and specifications for
reconstruction of Lone Tree Road Bridge at Wyman
Ravine - Federal Bridge Replacement Project No.
BRLO-5912(001) - plans and specifications have been
completed for the project - action requested -
APPROVE PLANS AND SPECIFICATIONS; AUTHORIZE CHAIR
AND DIRECTOR-PUBLIC WORKS TO SIGN PLANS; ADOPT WAGE
SCALE; AND AUTHORIZE PUBLIC WORKS TO ADVERTISE FOR
BIDS, SUBJECT TO CALTRANS APPROVAL.
20. Approval of plans and specifications for
reconstruction of Midway Bridge at North Fork
Hamlin Slough - Federal Bridge Replacement Project
No. BRLS-5912(002) - plans and specifications have
been completed for the project - action requested -
APPROVE PLANS AND SPECIFICATIONS; AUTHORIZE CHAIR
AND DIRECTOR-PUBLIC WORKS TO SIGN PLANS; ADOPT WAGE
SCALE; AND AUTHORIZE PUBLIC WORKS TO ADVERTISE FOR
BIDS, SUBJECT TO CALTRANS APPROVAL.
21. Approval of plans and specifications for
reconstruction of Larkin Road from Almond Avenue to
Dos Rios Road, County contract no. 02392-91-1 -
plans and specifications have been completed for
the project - action requested - APPROVE PLANS AND
SPECIFICATIONS; AUTHORIZE CHAIR AND DIRECTOR-PUBLIC
WORKS TO SIGN PLANS; ADOPT WAGE SCALE; AND SET BID
OPENING AT 11:00 A.M., AUGUST 13, 1992 IN THE
PUBLIC WORKS OFFICE.
22. Notice of completion for construction of pavement
overlay on various County roads, project no. AC-92-
1- paving overlays on Dayton Road, Miners Ranch
Road, Ophir Road, Skyway and the New Skyway have
been completed in accordance with the plans and
specifications - action requested - ACCEPT PROJECT;
AUTHORIZE THE CHAIR TO SIGN THE NOTICE OF
COMPLETION; AND AUTHORIZE FILING OF THE NOTICE OF
COMPLETION.
23. State Department of Consumer Affairs, Structural
Pest Control Board - the proposed memorandum of
understandinq, commencing July 1, 1992 through
June 30, 1993, allows the Agriculture Commissioner
to administer written certified applicator
examinations for a fee of $10 by each person taking
the test - action requested - APPROVE MEMORANDUM OF
UNDERSTANDING AND AUTHORIZE THE AGRICULTURAL
COMMISSIONER TO SIGN ON BEHALF OF THE COUNTY.
Page 237
July 21, 1992
92-281 July 21. 1992
24. State Department of Pesticide Regulation - under
the proposed memorandum of understandinq,
commencing July l, 1992 through June 30, 1993, the
Agricultural Commissioner will perform
environmental protection agency worker safety
inspections in the total amount of $5,450 - action
requested - APPROVE MEMORANDUM OF UNDERSTANDING AND
AUTHORIZE THE AGRICULTURAL COMMISSIONER TO SIGN ON
BEHALF OF THE COUNTY.
25. Bidwell Wildlife Rehabilitation Center - the
proposed agreement, approved by the County~s Fish
and Game Commission, provided trained staff and
other resources for the caring of injured birds and
animals to promote the propagation and conservation
of wildlife. The agreement, which commenced
July l, 1991 and ended June 30, 1992, is in the
amount of $2,000 (Fish and Game Propagation Fund) -
action requested - APPROVE AGREEMENT AND AUTHORIZE
THE CHAIR TO SIGN.
26. Care West - Weed - the proposed contract provides
365 days of residential services for a designated
County mental health services client with traumatic
brain injury commencing July 1, 1992 through
June 30, 1993 in the maximum amount of $48,190
(State realignment funds) - action requested -
APPROVE CONTRACT AND AUTHORIZE THE CHAIR TO SIGN
SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE
AUDITOR-CONTROLLER.
27. S. A. Cheeseman, M.D. - the proposed contract
provides psychiatric services to the County's
mental health clients 40 hours per week commencing
July l, 1992 through June 30, 1993 in the maximum
amount of $121,160 (State realignment funds) -
action requested - APPROVE CONTRACT AND AUTHORIZE
THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY
COUNSEL AND THE AUDITOR-CONTROLLER.
28. Chico Industrial Medical Clinic - the proposed
contract provides medical and psychiatric
evaluations of persons on a daily basis, seven days
a week upon admission to the County's mental health
inpatient facility commencing July 1, 1992 through
June 30, 1993 in the maximum amount of $61,160
(State realignment funds) - action requested -
APPROVE CONTRACT AND AUTHORIZE THE CHAIR TO SIGN
SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE
AUDITOR-CONTROLLER.
Page 238
July 21, 1992
92-281 July 21, 1992
29. Esplanade Manor - the proposed contract provides
socialization services for County mental health
services clients commencing July 1, 1992 through
June 30, 1993 in the maximum amount of $51,234
(State realignment funds) - action requested -
APPROVE CONTRACT AND AUTHORIZE THE CHAIR TO SIGN
SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE
AUDITOR-CONTROLLER.
30. Esplanade Manor - the proposed contract provides
supplemental board and care services for County
mental health services clients commencing July 1,
1992 through June 30, 1993 in the maximum amount of
$114,816 (State realignment funds) - action
requested - APPROVE CONTRACT AND AUTHORIZE THE
CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL
AND THE AUDITOR-CONTROLLER.
31. State Department of Food and Agriculture - under
terms of the proposed agreement, the State will
reimburse the County's Public Health Department at
a rate of $11.50 per milk sample tested during the
period July 1, 1992 through June 30, 1993 in the
maximum amount of $6,900 - action requested -
APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN.
32. Butte County Fair Association - County Service Area
No. 34 (Gridley Swimming Pool) - the proposed
agreement will extend the cooperative agreement for
the operation, maintenance, repair and upkeep of
the Gridley Swimming Pool to June 30, 1993 in the
maximum amount of $37,240 - action requested -
APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN.
33. City of Gridley - forwards resolution no. 71 (1992
series) requesting the Butte County Board of
supervisors to permit the County Clerk to conduct
the November 3, 1992 Gridley General Municipal
Election - action requested - AUTHORIZE THE COUNTY
CLERK-RECORDER TO CONSOLIDATE THE GRIDLEY GENERAL
MUNICIPAL ELECTION WITH THE NOVEMBER 3, 1992 STATE
GENERAL ELECTION, AND TO CONDUCT AND CANVASS SAID
RETURNS ON BEHALF OF THE CITY.
34. Butte County Office of Education and Oroville Union
School District - amended conflict of interest
codes have been submitted for approval by the code
reviewing body pursuant to Government Code Section
87303. County Counsel has reviewed the code and
recommends approval - action requested - APPROVE
AMENDED CONFLICT OF INTEREST CODES AS SUBMITTED.
Page 239 July 21, 1992
92-281
July 21, 1992
MOTION: I MOVE TO APPROVE THE
REMOVAL OF ITEMS 3.09,
3.21, 3.28, 3.32, 3.39
S M
VOTE : 1 Y 2 Y 3 Y 4 Y 5 Y
CONSENT AGENDA WITH THE
3.10, 3.18, 3.19, 3.20,
AND 3.40.
(Unanimously Carried)
Regular Agenda
92-282 Appointments - commissions and committees.
a. Building Code Board of Appeals - action requested -
MAKE ELECTRICAL REPRESENTATIVE APPOINTMENT TO A
TERM TO EXPIRE AUGUST 1, 1994.
MOTION: I MOVE TO APPOINT BILL FOX OF FOX COMPANY,
OROVILLE AS THE ELECTRICAL REPRESENTATIVE TO A
TERM TO EXPIRE AUGUST l, 1994.
M S
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y(Unanimously Carried)
92-283 Discussion relative to the Paradise Rod and Gun Club in
Magalia. (153) (NO ACTION TAKENj
92-284 Presentation by Chair polan on behalf of the Board of
Supervisors to Josephine "Jo" Terry, Director-Libraries,
of a resolution in her honor upon her retirement after 24
years of service to the County.
92-285 Report to the Board on the Butte County General Plan
Update - Issues and Options Report - action requested -
POSTPONE FURTHER PUBLIC HEARINGS ON THE ISSUES AND
OPTIONS REPORT PENDING REVIEW OF PROGRAM PROGRESS AND
PLAN FOR PUBLIC PARTICIPATION, AND CANCEL THE AUGUST 4,
1992 JOINT MEETING OF THE BOARD/PLANNING COMMISSION.
(1665)
MOTION: I MOVE TO POSTPONE FURTHER PUBLIC HEARINGS ON
THE ISSUES AND OPTIONS REPORT PENDING REVIEW
OF PROGRAM PROGRESS AND PLAN FOR PUBLIC
PARTICIPATION, AND CANCEL THE AUGUST 4, 1992
JOINT MEETING OF THE BOARD/PLANNING
COMMISSION.
M S
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y(Unanimously Carried)
Page 240
July 21, 1992
Julv 21, 1992
92-286 Public Works Department - Board authorization is
requested pursuant to Government Code Section 29124(a) to
purchase fixed assets recommended in the 1992/93 proposed
budget from funds restricted to road maintenance
purposes - action requested - AUTHORIZE PURCHASE OF FIXED
ASSET ITEMS. (2725)
MOTION: I MOVE TO AUTHORIZE PURCHASE OF FIXED ASSET
ITEMS.
S M
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
Public Hearings and Timed Items
92-287 Public meeting - discussion County's annual grantee
performance report for the Community Development Block
Grant Program (Grant No. 90-STBG-490) - action
requested - APPROVE GRANTEE PERFORMANCE REPORT AND
AUTHORIZE THE CHAIR TO SIGN. (2818)
(SUPERVISOR McLAUGHLIN NOT PRESENT)
MOTION: I MOVE TO APPROVE THE GRANTEE PERFORMANCE
REPORT AND AUTHORIZE THE CHAIR TO SIGN.
M S
VOTE: 1 Y 2 Y 3 Y 4 NP 5 Y(Unanimously Carried)
92-288 Public hearing - Butte County Board of Supervisors -
consideration of a rezone (proposed negative declaration
regarding environmental impact) from "U" (unclassified)
to "PQ" (public-quasi-public), property located
approximately 400 feet north of Neal Road on the
southwest side of existinq Butte County Land Fill, AP
040-600-030 and 031, Chico. (3086) (**00)
(SUPERVISOR McLAUGHLIN PRESENT)
Page 241
July 21, 1992
July 21, 1992
92-288
MOTION: I MOVE TO ACCEPT THE RECOMMENDATIONS OF STAFF
MEMORANDUM DATED APRIL 7, 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.; 3. A NEGATIVE
DECLARATION HAS BEEN COMPLETED IN COMPLIANCE
WITH THE CALIFORNIA ENVIRONMENTAL QUALITY
ACT.; 4. THE PROPOSED REZONE CONFORMS TO THE
POLICIES, INCLUDING THE TEXT AND MAP, OF THE
BUTTE COUNTY GENERAL PLAN, BECAUSE THE ZONE IS
CONSISTENT FOR PUBLIC USE LANDS.; B. ADOPT A
NEGATIVE DECLARATION FOR PROPERTY IDENTIFIED
AS AP 040-600-030 AND 031 (BUTTE COUNTY
PLANNING COMMISSION); AND C. ADOPT ORDINANCE
3022 REZONING TO P-Q (PUBLIC - QUASI/PUBLIC)
THAT PROPERTY IDENTIFIED AS AP 040-600-030 AND
031 (BUTTE COUNTY PLANNING COIrIIrIISSION) .
M S
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y(Unanimously Carried)
RECESS: 10:36 A.M.
92-289
RECONVENE: 10:52 A.M. (SUPERVISOR FULTON NOT
PRESENT)
Air Pollution Control District
Recess at 10:52 a.m. as Board of Supervisors and convene
as the Air Pollution Control District Board of Directors.
Present: Directors Houx, McInturf, McLaughlin and Chair
Dolan. Not present: Director Fulton. (86)
1. Approval of minutes - action requested - APPROVE
MINUTES OF JULY 7, 1992.
MOTION: I MOVE TO APPROVE
S M
VOTE: 1 Y 2 Y 3 Y 4 Y
(DIRECTOR FULTON PRESENT)
MINUTES OF JULY 7, 1992.
5 NP (Unanimously Carried)
Page 242
July 21, 1992
July 21. 1992
92-289 2. Public hearing - consideration of amendment of
rules 501 (permit fees), 503 (technical evaluation
fee), 506 (late fees}, 507 (burning permit fees),
508 (hearing board fees), 510 (appeal fee) and 602
(filing a petition); adoption of new rules 511
(transcript fee), 512 (copies of documents) and 514
(air toxics "hot spots" fees [AB 2588]); and
delete rules 502 (exemption to rule 501} and 509
(exemption to rule 508) - action requested - ADOPT
RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN.
MOTION: I MOVE THAT THE FEES NOT BE INCREASED AT THIS
TIME.
M S
VOTE: 1 N 2 Y 3 Y 4 Y 5 Y(Motion Carried}
3. Public hearing - the California Air Toxics "Hot
Spots" Information and Assessment Act of 1987 (AB
2588) - action requested - APPROVE UNIT FEE OF
$11.19 PER TON OF POLLUTANT FOR FACILITIES WITH
CRITERIA POLLUTANT ANNUAL EMISSIONS GREATER THAN OR
EQUAL TO TEN TONS PER YEAR. (NO ACTION TAKEN)
Adjourn at 12:02 p.m. as the Air Pollution Control
District Board of Directors and reconvene as the Board of
Supervisors.
92-290 Public hearing - County Service Area No. 140 (County of
Butte) - the Local Agency Formation Commission has
approved the formation of CSA No. 140 (County of Butte)
to provide animal control services not currently provided
and not provided to the same extent on a countywide basis
both within and without cities - action requested - ADOPT
RESOLUTION ESTABLISHING COUNTY SERVICE AREA NO. 140
(COUNTY OF BUTTE), SUBJECT TO CONFIRMATION BY THE VOTERS,
AND AUTHORIZE THE CHAIR TO SIGN. (2360j (***00)
MOTION: I MOVE TO ADOPT RESOLUTION 92-93 ESTABLISHING
COUNTY SERVICE AREA NO. 140 (COUNTY OF BUTTE),
SUBJECT TO CONFIRMATION BY THE VOTERS,
AUTHORIZE THE CHAIR TO SZGN, AND TO MAINTAIN
THE BOARD COMMITTEE OF SUPERVISORS FULTON AND
MCLAUGHLIN.
S M
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y(Unanimously Carried)
92-291 Items removed from the Consent Agenda for Board
consideration and action.
(SUPERVISOR McINTURF NOT PRESENT)
Page 243 July 21, 1992
r- .-~
July 21, 1992
92-291 1. Contract change order no. 1- Richvale Fire Station
remodel - the change order, in the increasing
amount of $1,713 provides for trusses for the fire
station apparatus room - action requested - APPROVE
CONTRACT CHANGE ORDER NO. 1 AND AUTHORIZE THE CHAIR
TO SIGN. (1092)
(SUPERVISOR MCINTURF PRESENT; SUPERVISOR FULTON NOT
PRESENT)
MOTION: I MOVE TO APPROVE CONTRACT CHANGE ORDER NO. 1
AND AUTHORIZE THE CHAIR TO SIGN.
S M
VOTE: 1 Y 2 Y 3 Y 4 Y 5 NP (Unanimously Carried)
2. Board of Supervisors' request for relief from
accountability - pursuant to Government Code
Section 29390 and Board Resolution 75-177, relief
from accountability is requested for miscellaneous
items of office equipment (asset nos. 0004594,
0011612, 0014160, and 0017314) totaling $197.01
unaccounted for because of inventory tracking and
transfer errors. The district attorney and
auditor-controller support the request - action
requested - APPROVE RELIEF FROM ACCOUNTABILITY.
(1150)
(SUPERVISOR FULTON PRESENT)
MOTION: I MOVE TO APPROVE RELIEF FROM ACCOUNTABILITY.
S M
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y(Unanimously Carried)
3. Introduction of an ordinance adding Section 1-6.5
to Chapter 1 of the Butte County Code limiting time
for judicial review of quasi-judicial decisions -
the proposed ordinance would adopt the provisions
of Section 1094.6 of the California Code of Civil
Procedure as a general time limit (Statute of
Limitations) within which a petition must be filed
in court challenging administrative decisions of
the County - action requested - WAIVE READING OF
THE ORDINANCE. (1243)
MOTION: I MOVE TO WAIVE READING OF THE ORDINANCE.
M S
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y(Unanimously Carried)
Page 244
July 21, 1992
^ --~
July 21. 1992
92-291 4. Introduction of a salary ordinance amendment which
aligns Public Works - Building Inspection, Public
Works - Subdivision Inspection and Planning under
the Development Services Department. The ordinance
abolishes the code enforcement officer positions in
the Public Works, Public Health, and Planning
Departments for payroll purposes only. These
positions have previously been established within
the Development Services Department. This
ordinance does not create any additional positions,
and funding is from within the department budget -
action requested - WAIVE READING OF THE ORDINANCE.
(1277)
MOTION: I MOVE TO WAIVE READING OF THE ORDINANCE.
M S
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y(Unanimously Carried)
5. Introduction of a salary ordinance amendment
implementing the addendum (wage increase of two
percent effective August 1, 1992) to all memoranda
of understanding with employee associations adopted
by the Board on December 3, 1991. Funding is
included in the 1992/93 County proposed budget -
action requested - WAIVE READING OF THE ORDINANCE.
(1326)
MOTION: I MOVE TO WAIVE READING OF THE ORDINANCE.
M S
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y(Unanimously Carried)
6. Introduction of a salary ordinance amendment
implementing a title heading change for the Public
Health Department's Animal Control Section to
Rabies Control Section to more closely reflect
actual activities performed - action requested -
WAIVE READING OF THE ORDINANCE. (1598)
MOTION: I MOVE TO WAIVE READING OF THE ORDINANCE.
M S
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y(Unanimously Carried)
7. Contract change order no. 1 for reconstruction of
Fallbrook Avenue (from Ft. Wayne Street to
Wyandotte Avenue), County contract no. 15505E-91-
1- contract change order no. 1 in the increasing
amount of $1,477.50 provides payment for
stabilization of unsuitable subgrade material -
action requested - APPROVE CONTRACT CHANGE ORDER
NO. 1 AND AUTHORIZE THE CHAIR TO SIGN. (1674)
Page 245
July 21, 1992
92-291
July 21, 1992
MOTION: I MOVE TO APPROVE CONTRACT CHANGE ORDER NO. 1
AND AUTHORIZE THE CHAIR TO SIGN.
M S
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y(Unanimously Carried)
8. State Department of Water Resources - pursuant to
the proposed agreement, the Department shall pay
the County two percent (2.0~) of the gross proceeds
paid to any transferor for water transferred, sold
or leased out of the County in the maximum amount
of $49,500 commencing upon execution of the
agreement and State Department of General Services
approval, and expiring on December 31, 1992 -
action requested - APPROVE AGREEMENT AND AUTHORIZE
THE CHAIR TO SIGN. (1814)
MOTION: I MOVE TO APPROVE AGREEMENT AND AUTHORIZE THE
CHAIR TO SIGN.
M S
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y(Unanimously Carried)
9. Work Training Center for the Handicapped, Inc. -
the proposed contract provides socialization and
recreational services for County mental health
services clients com~nencing July 1, 1992 through
June 30, 1993 in the maximum amount of $141,560
(State realignment funds) - action requested -
APPROVE CONTRACT AND AUTHORIZE THE CHAIR TO SIGN
SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE
AUDITOR-CONTROLLER.
10. Work Training Center for the Handicapped, Inc. -
the proposed contract provides Vocational
Rehabilitation Program services for County mental
health services clients commencing July 1, 1992
through June 30, 1993 in the maximum amount of
$48,953 (State realignment funds) - action
requested - APPROVE CONTRACT AND AUTHORIZE THE
CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL
AND THE AUDITOR-CONTROLLER. (2083)
MOTION: I MOVE TO APPROVE CONTRACTS AND AUTHORIZE THE
CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY
COUNSEL AND THE AUDITOR-CONTROLLER.
S M
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y(Unanimously Carried)
Page 246
July 21, 1992
.~
July 21, 1992
92-292 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.) (2280)
1. Mike Kelley, Oroville - SB 2015 (Farr) is not a
grant, but an interest bearing loan to counties
that he doesn't think Butte County can afford - he
thinks members of the Board not in support of the
utility users tax should be in Sacramento opposing
this Bill.
2. Viki Powers, Paradise - utility users tax is wrong
because it wasn't voted on by the people, and SB
2015 (Farr) is an interest bearing loan to counties
who passed the utility users tax (Butte County),
not a grant.
92-293 CLOSED SESSION: The Board recessed at 1:55 p.m. for
the purpose of a closed session on
actual litigation pursuant to
Government Code Section 54956.9(a)
(Graves & Associates, et al. v.
county of Butte), and a gersonnel
matter. (2770)
RECONVENE: The Board reconvened at 2:35 p.m.
following a closed session for the
purpose of actual litigation pursuant to
Government Code Section 54956.9(a)
(Graves & Associates, et al. v. County of
Butte), and a personnel matter.
92-294 Communications
Communications received and referred. (COPIES OF ALL
COMMUNICATIONS ARE AVAILABLE IN THE CLERK OF THE BOARD
OFFICE.)
a. Mert Thomas, Mayor, City of Oroville - on behalf of
the Oroville City Council, asks the Board not to
adopt the fee schedule (conversion from volume
charges to weight charges) proposed by the County's
Director-Public Works for use of the Neal Road
Landfill - action requested - REFER TO
ADMINISTRATION AND DIRECTOR-PUBLIC WORKS.
Page 247
July 21, 1992
July 21, 1992
92-294 b. Lonnie A. Johnson, Chico - protests receipt of a
tax bill for 1990/91 supplemental taxes for
property located on Wild Rose Circle on May 18,
1992 with no prior notification, and believes any
penalties imposed are unjust - action requested -
REFER TO TREASURER-TAX COLLECTOR FOR APPROPRIATE
RESPONSE.
c. Otis and Diana Dean, Chico - protest receipt of a
tax bill for 1990/91 supplemental taxes for
property located on Bean Flat Road (AP 011-360-
003) on May 9, 1992 with no prior notification, and
believes the $66.62 in penalties levied are
unjust - action requested - REFER TO TREASURER-TAX
COLLECTOR FOR APPROPRIATE RESPONSE.
d. Frankie Rutledge, Town Clerk, Town of Paradise -
forwards resolution no. 92-15 Approving the
Adoption of a Source Reduction and Recycling
Element and a Household Hazardous Waste Element of
the Town of Paradise pursuant to the requirements
of the California lntegrated Waste Management Act
of 1989 (AB 939) - action requested - REFER TO
ADMINISTRATION AND DIRECTOR-PUBLIC WORKS.
e. Cleo Ii. Russell, Marysville - submits her
resignation as secretary of the Bangor Cemetery
District - action requested - ACCEPT RESIGNATION;
AUTHORIZE LETTER OF APPRECIATION; AND REFER TO
CLERK OF THE BOARD.
f. James A. Camy, Manager, Butte County Mosquito
Abatement District - encloses two letters
addressing some of the District's concerns about
increasing wetlands in Butte County and how the
Endangered Species Act will directly affect their
ability to control mosquitoes that can vector
human disease - action requested - REFER TO COUNTY
COUNSEL.
Page 248
July 21, 1992
July 21, 1992
ADJOURNMENT: There being no further business before
the Board, the meeting was adj ourned at
2:35 p.m. to reconvene at 9:00 a.m. on
Tuesday, August 4, 1992.
v ~ar a~vaaraa~ ~ ~.aauii
~' B ard of Supervisors
\ ~
ATTEST:
JOHN S. BLACKLOC,~, Chief Administrative Officer
and Clerk of t~1e Board of Supervisors
By: l~ ~~ ~ ~~c~ ~
Page 249
July 21, 1992