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HomeMy WebLinkAboutM080492Auaust 4, 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; Neil McCabe, assistant county counsel; and Carol Roach, assistant clerk of the Board. Pledge of allegiance to the Flag of the United States of America. 92-295 Items removed from the Consent Agenda for Board consideration and action. 1. Private Industry Council - action requested - APPOINT AUDREY E. TAYLOR (ECONOMIC DEVELOPMENT REPRESENTATIVE) TO SERVE UNTIL JUNE, 1994. 2. Adoption 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 challenginq administrative decisions of the County - action requested - ADOPT ORDINANCE AND AUTHORIZE THE CHAIR TO SIGN. (FROM 7/21/92) 3. Adoption of a salary ordinance amendment which aligns Public Works - Buildinq Inspection, Public Works - Subdivision Inspection and Planninq 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 estabZished within the Development Services Department. This ordinance does not create any additional positions, and funding is from within the department budget - action requested - ADOPT ORDINANCE AND AUTHORIZE THE CHAIR TO SIGN. (FROM 7/21/92) Page 250 August 4, 1992 Auaust 4. 1992 92-295 4. Introduction of a salary ordinance amendment adding a principal clerk/administrative services assistant to Personnel. In March 1992, a position of Administrative Services Assistant/Personnel Specialist was transferred from Personnel to Welfare to shift approximately 85~ of the position costs from the General Fund to state and federal funds and to address and respond to personnel issues in the Welfare Department - the replacement of the position was held until a new Director/Personnel was appointed and could evaluate the department. The position adds no additional cost to the departmental budqet and will result in a cost savings on an annual basis - action requested - WAIVE READING OF THE ORDINANCE. 5. Victor Residential Centers, Inc. agreement - proposed is an extension of an agreement to provide an intensive residential treatment setting for mentally ill adolescents from Butte County who otherwise would require more restrictive and costly care in a hospital setting commencing July 1, 1992 through June 30, 1993 in the maximwn amount of $132,280 - action requested - APPROVE EXTENSION OF AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. 6. Work Training Center for the Handicapped, Inc. - proposed is an extension of an agreement to provide consultant services for the Stomp Out Stigma Program for fiscal year 1992/93 in the maximum amount of $3,500 - action requested - APPROVE EXTENSION OF AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. 7. Local Government Continqency Planning Grant - a pre-application has been prepared for submission to the California Energy Commission to provide an energy contingency planning element to the Civil Disaster emergency operating plan. The pre- application is in the amount of $48,418 (State $35,000; County in-kind $13,418) - action requested - APPROVE PRE-APPLICATION AND AUTHORIZE THE CHAIR TO SIGN. Consent Aaenda 92-296 1. Approval af minutes - action requested - APPROVE MINUTES OF JULY 21, 1992. 2. Budget transfers - action requested - B-289 (FINAL), B-02 (SOUTH COUNTY MUNICIPAL COURT, B-03 (PUBLIC WORKS) AND B-4 (DEVELOPMENT SERVICES). Page 251 August 4, 1992 August 4, 1992 92-296 3. County library donations - in accordance with Government Code Section 25355, donations have been received from Durham Woman's Club -$250; $200 from Ruth J. Zemke; $500 from Quota Club of Paradise; $278.50 from anonymous donor; $1,308.47 combined total from Quota Club and Friends of the Library of Oroville; $5,000 from Paradise Friends of the Library; $800 from Chico Friends of the Library and $100 from Josephine Terry, Oroville - action requested - ACCEPT DONATIONS AND AUTHORIZE LETTERS OF APPRECIATION. 4. County Service Area No. 139 (Stanley Park) - a resolution of intent to establish CSA No. 139 (Stanley Park) to provide water service, contained an error in the legal description - action requested - ADOPT RESOLUTION 92-94 SUPERSEDING RESOLUTION NO. 92-80, VACATING THE PUBLIC HEARING SET FOR TUESDAY, AUGUST 18, 1992 AT 10:30 A.M. AND AUTHORIZE THE CHAIR TO SIGN. 5. Jeff Farrar - abandonment of a ten foot right of way along the southerly right of way line of Chico Canyon Road, identified as AP i1-03-59, Chico - action requested - ADOPT RESOLUTION 92-95 SETTING A PUBLIC HEARING FOR TUESDAY, SEPTEMBER 22, 1992 AT 10:00 A.M. 6. Neal Road Landfill - increase in septage dumping gate fees of $.03 per gallon to fund the septage pond relocation project - action requested - SET A PUBLIC HEARING FOR 11:00 A. M., AUGUST 18, 1992 TO EXPLAIN FEE INCREASE. 7. Assessment Appeals Board - action requested - REAPPOINT GILBERT JONES (ATTORNEY) AND E. W. "TONY" GEHRINGER (ALTERNATE) TO SERVE UNTIL SEPTEMBER 4, 1995. 8. Mental Health Advisory Board - action requested - APPOINT SHARON ALLEN (CONSUMER/FAMILY) TO SERVE UNTIL DECEMBER 31, 1992. 9. Butte County Economic Development Corporation, Overall Economic Development Program Committee, and Industrial Development Authority - action requested - APPOINT TOM Di GIOVANNI AS THE DISTRICT 2 REPRESENTATIVE TO SERVE UNTIL DECEMBER 31, 1994. Page 252 August 4, 1992 Auaust 4. 1992 92-296 10. County Service Area No. 143 (Forrest Young) - the Local Agency Formation Commission has approved the formation of the County service area to provide for street lighting and storm drainage maintenance pursuant to Government Code Section 25210.14 - action requested - ADOPT RESOLUTION 92-96 AND AUTHORIZE THE CHAIR TO SIGN. 11. Approval to obtain Request for Proposals (RFP) for services to administer the 1992 CDBG Proqram and appoint a RFP review committee comprised of two supervisors, Chief Administrative Officer, Auditor - Controller and Director of Public Works - action requested - AUTHORIZE PUBLIC WORKS TO OBTAIN PROPOSALS FROM QUALIFIED CONSULTANTS FOR ADMINISTRATION AND IMPLEMENTATION OF THE PROGRAM; AND APPOINT RFP REVIEW COMMITTEE OF CHAIR DOLAN AND SUPERVISOR FULTON. 12. Resolution amending 1990 Butte County CDBG Housing Rehabilitation target area in Chapmantown and E1 Medio - a resolution has been prepared requesting an expansion of the existing target area to include south and east of the present El Medio area - action requested - ADOPT RESOLUTION 92-97 EXPANDING TARGET AREA; REQUEST THE CALIFORNIA DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT APPROVE THE EXPANDED AREA; AND AUTHORIZE THE CHAIR TO SIGN. 13. Final map - Walden Pond Estates Subdivision - revised subdivision, AP 73-34-29, 30 and 33, 7 lots located on the west side of Big Fir Road at Walden Pond Lane, Forbestown area, no construction required - action requested - APPROVE FINAL MAP. 14. Public W~rks - the Regional Water Quality Control Board has required the County to relocate and reconstruct the existing septage ponds at the Neal Road Landfill. In accordance with Board authorization on January 28, 1992, plans and specification for new pond construction have been completed - action requested: (1) APPROVE PLANS AND SPECIFICATIONS; (2) ADOPT WAGE SCALE; (3) AUTHORIZE CHAIR AND PUBLIC WORKS DIRECTOR TO SIGN PLANS; (4) SET BID OPENING FOR AUGUST 27, 1992 AT 11:00 A.M. IN THE PUBLIC WORKS DEPARTMENT; AND (5) AUTHORIZE AUDITOR TO PERFORM NECESSARY TRANSFERS TO PROVIDE FUNDS FOR PROr7ECT. Page 253 August 4, 1992 Auqust 4. 1992 92-296 15. Public Works - Board authorization is requested to purchase, in the amount of $2,000, a used flail mower attachment, to be mounted on a tractor for CSA #24 (Chico - Mud Creek Drainage) for maintenance of the levees. Budget transfer B-03 has been prepared for the necessary appropriation - action requested - APPROVE PURCHASE OF FIXED ASSET ITEM. 16. Investment information report - the Treasurer/Tax Collector submits the June 30, 1992 report in accordance with AB 1073 and the County's investment policy - action requested - ACCEPT FOR INFORMATION. 17. 1991/92 Final Report of the Butte County Grand Jury - Penal Code Section 933 requires comment by the Board not later than 90 days after the Grand Jury submits its report - action requested - DIRECT THE CHIEF ADMINISTRATIVE OFFICER TO SECURE COMMENTS FROM COUNTY DEPARTMENTS. 18. State Board of Control - Victims of Crime Program audit - a proposal has been received from Bartig, Basler and Ray in the amount of $1,000 to audit the Probation Department Victims of Crime grant received in fiscal year 1991-92. Funding is provided from the grant - action requested - APPROVE CONTRACT WITH BARTIG, BASLER & RAY AND AUTHORIZE CHAIR TO SIGN. 19. Adoption 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 - ADOPT ORDINANCE 3023 AND AUTHORIZE THE CHAIR TO SIGN. 20. Adoption 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 - ADOPT ORDINANCE 3024 AND AUTHORIZE THE CHAIR TO SIGN. Page 254 August 4, 1992 Auaust 4. 1992 92-296 21. Introduction of an ordinance adding Article V to Chapter 36 of the Butte County Code - Electronic Surveillance Program (ESP) fees - the ESP program at the Sheriff's Department allows minimum security jail inmates and low risk offenders to participate in a home detention program on a fee basis. The current offender fee of $7.50 does not cover program costs. The Sheriff requests an increase in fees as follows - a one-time initiation fee of $25.00 and $16.00 per day - action requested - WAZVE READING OF THE ORDINANCE. 22. Contract change order no. 2 and notice of completion - County Contract 15505E-91-1 for reconstruction of Fallbrook Avenue from Fort Wayne Street to Wyandotte Avenue - contract change order no. 2 in the increasing amount of $3,569.36. All work has been completed in accordance with plans and specifications - action requested - APPROVE CHANGE ORDER NO. 2, ACCEPT PROJECT AND AUTHORIZE THE CHAIR TO SIGN THE NOTICE OF COMPLETION; AND AUTHORIZE FILING THE NOTICE OF COMPLETION. 23. Approval of four-way stop - completion of a traffic study at intersection of East Fifth Avenue and Manzanita Avenue which indicates need for traffic control - action requested - DECLARE FOUR WAY-STOP AT EAST FIFTH AVENUE AND MANZANITA AVENUE; AND AUTHORIZE THE CHAIR TO SIGN RESOLUTION 92-98 DIRECTING PUBLIC WORKS TO INSTALL LEGAL STOP SIGNS AT APPROPRIATE LOCATION. 24. PSP Information Group, Inc. - proposed is the renewal of a contract with PSP Information Group, Inc. to provide software maintenance, support and enhancement to the County's Mental Health computer system for the period July 1, 1992 through June 30, 1993 in the amount of $19,393.75 - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. 25. Parent Education Network - the proposed contract provides training in parenting skills to foster and natural parents, under the requirements of AB 2994, for the prevention of child abuse commencing July 1, 1992 through June 30, 1993 in the maximum amount of $28,800. Total funding is provided by a surcharge on birth certificates - action requested - APPROVE CONTRACT AND AUTHORIZE THE CHAIR TO SIGN. Page 255 August 4, 1992 August 4, 1992 92-296 26. State Child Abuse Prevention agreement - proposed is the renewal of a three year grant (second year) to fund the Child Abuse Prevention Program in the amount of $94,596 each year for 1991/92, 1992/93 and 1993/94 - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. 27. Chico Community Hospital - proposed is a contract with Chico Community Hospital to provide two meals a day, seven days a week for patients in the Butte County Mental Health Psychiatric Health Facility in the amount of $55,801 - action requested - APPROVE CONTRACT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND AUDITOR-CONTROLLER. 28. Pineridge Care Home - proposed is a contract with Pineridge Care Home for an estimated 690 bed days to provide 24-hour supplemental residential care services for mentally disordered adults between July 1, 1992 and June 30, 1993 in the amount of $6,624 - APPROVE CONTRACT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND AUDITOR-CONTROLLER. 29. Food stamp issuance agreement - proposed is an amendment to the agreement for over-the-counter distribution of food stamps by the U.S. Postal Service increasing the issuance fee from $2.38 to $2.77 per transaction effective September 19, 1992 - action requested - APPROVE AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN. 30. Commercial bank agreement - proposed is the renewal of an agreement between First Interstate Bank and Butte County for commercial banking services for fiscal year 1992-93 - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL BY COUNTY COUNSEL AND AUDITOR- CONTROLLER. 31. In Home Supportive Services contract - and Invitation for Bid (IFB) has been prepared for a three year contract to provide for the aged, blind, and disabled residents of Butte County. The contract will provide for workers who will go to clients' homes to perform domestic and personal services that the clients are unable to do for themselves - action requested - AUTHORIZE A CALL FOR BID WITH THE BID OPENING SET FOR SEPTEMBER 21, 1992 AT 11:00 A.M. IN THE BOARD OF SUPERVISORS ROOM. Page 256 August 4, 1992 Auqust 4, 1992 92-296 32. Assignment of counsel - County Counsel proposes assignment of Boeqer v. Enloe Hospital, County of Butte, et al., to the law firm of Marsh, Marsh, Volpe and Molin - action requested - APPROVE ASSIGNMENT OF COUNSEL. 33. Lake Oroville flood, fishery and recreation issues - follow up of 1990 request by Board to Army Corps of Engineers over the need for mitigation of damage to fisheries due to flood control spillway usage, downstream flood control measures, and fishery and recreation proqram enhancement - action requested - APPROVE LETTERS TO THE ARMY CORPS OF ENGINEERS AND DEPARTMENT OF WATER RESOURCES AND AUTHORIZE THE CHAIR TO SIGN. 34. City of Chico - submits resolution no. 35 92-93 calling a General Municipal election in the City of Chico on November 3, 1992, for (1) the purpose of electing five persons to the city council; and (2) requesting consolidation of such General Municipal Election with the Statewide General Election also to be held on November 3, 1992 - action requested - DIRECT CONSOLIDATION AS REQUESTED. 35. City of Chico - submits resolution 38 92-93 directing submission of Measure to the Voters regarding an amendment to the smoking regulations adopted in Chapter 8.28 of the Chico Municipal Code which would prohibit smoking in virtually all enclosed public places or places of employment, including restaurants, but excluding bars - action requested - DIRECT PLACEMENT ON THE BALLOT FOR THE NOVEMBER 3, 1992 GENERAL ELECTION AS REQUESTED. 36. City of Chico - submits resolution no. 39 92-93 directing submission of an Advisory Measure to the voters regarding community support of the development of a sports complex at the Consolidated General Municipal/General Statewide Election to be held on November 3, 1992 - action requested - DIRECT PLACEMENT ON THE BALIAT FOR THE NOVEMBER 3, 1992 GENERAL ELECTION AS REQUESTED. 37. Town of Paradise - submits resolution 92-20 requesting the board consolidate a General Municipal Election to be held on November 3, 1992, with the Statewide General Election to be held on the date pursuant to Section 23302 of the California Elections Code - action requested - CONSOLIDATE MUNICIPAL ELECTION AS REQUESTED. Page 257 August 4, 1992 August 4, 1992 92-296 38. Town of Paradise - submits resolution 92-23 requesting the board consolidate a Special Advisory Municipal Election to be held on November 3, 1992 with the National, State and General Municipal Elections to be held on said date pursuant to Section 23303 of the California Elections Code - action requested - CONSOLIDATE MUNICIPAL ELECTION AS REQUESTED. 39. Conveyance of surplus county property - Board authorization is requested to convey a portion of former alignment of Dayton Road between Deveney Avenue and Archer Avenue to the City of Chico. The property in question has been annexed to the city - action requested - AUTHORIZE PUBLICATION OF NOTICE OF INTENTION TO CONVEY COUNTY PROPERTY PURSUANT TO GOVERNMENT CODE SECTIONS 25365 AND 6061. MOTION: I MOVE TO AMENDMENT 3.24 AND 3.20, 3.2 VOTE: 1 Y 2 Y APPROVE THE CONSENT AGENDA WITH THE OF ITEM 3.12, CORRECTION OF ITEMS 3.25, AND REMOVAL OF ITEMS 3.09, 1, 3.24, 3.29, 3.30 AND 3.38. S M 3 Y 4 NP 5 Y(Unanimously Carried) (SUPERVISOR HOUX ABSTAINED FROM VOTING ON ITEM 3.37) Reqular Aqenda 92-297 Appointments - commissions and committees. a. Appointments to committee vacancies. MOTION: I MOVE TO APPOINT MIKE TRAVIS OF PACIFIC GAS & ELECTRIC COMPANY AS MY ALTERNATE ON THE TRI- COUNTY ECONOMIC DEVELOPMENT CORPORATION. M S VOTE: 1 Y 2 Y 3 Y 4 NP 5 Y(Unanimously Carried} (AZRPORT LAND USE COMMISSION - THE BOARD DIRECTED STAFF TO RESEARCH CLARIFICATION OF FRED GERST'S STATUS AS A COMMISSION ALTERNATE) 92-298 Appointment of Nancy Brower as Acting Director-Libraries effective August 1, 1992. MOTION: I MOVE TO APPOINT NANCY BROWER AS ACTING DIRECTOR-LIBRARIES EFFECTIVE AUGUST l, 1992. M S VOTE: 1 Y 2 Y 3 Y 4 NP 5 Y(Unanimously Carried) Page 258 August 4, 1992 Aucxust 4. 1992 92-299 Consideration of a resolution submitting to the voters an ordinance that would prohibit smoking in virtually all enclosed public places or places of employment, including restaurants, but excluding bars in the unincorporated areas of Butte County - action requested - ADOPT A RESOLUTION CALLING A SPECIAL ELECTION, CONSOLIDATING SAID ELECTION WITH THE NOVEMBER 3, 1992 STATE GENERAL ELECTION, AND AUTHORIZE THE CHAIR TO SIGN. MOTION: I MOVE TO ADOPT A RESOLUTION (WHICH INCLUDES ". ... SUCH AMENDMENT TO BECOME EFFECTIVE ONLY IF A SIMILAR AMENDMENT TO THE SMOKING REGULATIONS OF THE CITY OF CHICO IS APPROVED BY THE CITY OF CHICO VOTERS AT THIS ELECTION?") CALLING A SPECIAL ELECTION, CONSOLIDATING SAID ELECTION WITH THE NOVEMBER 3, 1992 STATE GENERAL ELECTION, AND AUTHORIZE THE CHAIR TO SIGN. (223) M VOTE: 1 2 3 4 NP 5 (Dies/ Lack of Second) MOTION: I MOVE TO ADOPT A RESOLUTION (AMENDED TO DELETE SECTIONS OF RESOLUTION THAT MAKE ADOPTION DEPENDENT ON ANOTHER ENTITIES APPROVAL) CALLING A SPECIAL ELECTION, CONSOLIDATING SAID ELECTION WITH THE NOVEMBER 3, 1992 STATE GENERAL ELECTION, AND AUTHORIZE THE CHAIR TO SIGN. M S VOTE: 1 Y 2 Y 3 N 4 NP 5 Y(Motion Carried) 92-300 Consideration of a request from the Public Works Department to allow unrestricted hiring for Public Works positions funded exclusively by restricted road and bridge maintenance funds. These funds are not subject to revision by ongoing state budget deliberations and may not be used for other county purposes - action requested - AUTHORIZE PUBLIC WORKS TO HIRE AGAINST ANY VACANCIES FUNDED BY RESTRICTED PUBLIC WORKS FUNDS. (772) MOTION: I MOVE TO AUTHORIZE THE PUBLIC WORKS DEPARTMENT TO FILL PREVIOUSLY AUTHORIZED, BUDGETED VACANT POSITIONS FUNDED BY RESTRICTED PUBLIC WORKS FUNDS. S M VOTE: 1 Y 2 Y 3 Y 4 NP 5 Y (Unanimously Carried) Page 259 August 4, 1992 Auqust 4, 1992 92-301 Report on Butte County Jail - action requested - 1. APPROVE AGREEMENT WITH NACHT & LEWIS FOR DESIGN- BUILD ARCHITECTURAL SERVICES AND ALTTHORIZE THE CHAIR TO SIGN, SUBJECT TO APPROVAL BY COUNTY COUNSEL AND AUDITOR-CONTROLLER. 2. APPROVE AMENDMENT TO STATE CONTRACT TO PROVIDE FUNDING FOR ARCHITECTURAL CONTRACT AND GEOTECHNICAL (SOILS) CONTRACT. (920) (NO ACTION TAKEN) 92-302 Items removed from the Consent Agenda for Board consideration and action. 1. Private Industry Council - action requested - APPOINT AUDREY E. TAYLOR (ECONOMIC DEVELOPMENT REPRESENTATIVE) TO SERVE UNTIL JUNE, 1994. (952) MOTION: I MOVE TO APPOINT AUDREY E. TAYLOR (ECONOMIC DEVELOPMENT REPRESENTATIVE) TO SERVE UNTIL JUNE, 1994. M VOTE: 1 2 3 4 NP 5(Dies/Lack of Second) 2. Adoption 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) withit~ which a petition must be filed in court challenging administrative decisions of the County - action requested - ADOPT ORDINANCE AND AUTHORIZE THE CHAIR TO SIGN. (1050) MOTION: I MOVE TO ADOPT ORDINANCE 3025 AND AUTHORIZE THE CHAIR TO SIGN. S M VOTE: 1 Y 2 Y 3 Y 4 NP 5 Y(Unanimously Carried) 3. Adoption 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 on1y. 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 - ADOPT ORDINANCE AND AUTHORIZE THE CHAIR TO SIGN. (1142) Page 260 August 4, 1992 Auqust 4. 1992 92-302 MOTION: I MOVE TO ADOPT ORDINANCE 3026 AND AUTHORIZE THE CHAIR TO SIGN. S M VOTE: 1 Y 2 Y 3 Y 4 NP 5 Y(Unanimously Carried) 4. Introduction of a salary ordinance amendment adding a principal clerk/administrative services assistant to Personnel. In March 1992, a position of Administrative Services Assistant/Personnel Specialist was transferred from Personnel to Welfare to shift approximately 85$ of the position costs from the General Fund to state and federal funds and to address and respond to personnel issues in the Welfare Department - the replacement of the position was held until a new Director/Personnel was appointed and could evaluate the department. The position adds no additional cost to the departmental budget and will result in a cost savings on an annual basis - action requested - WAIVE READING OF THE ORDINANCE. (1174) MOTION: I MOVE TO WAIVE READING OF THE ORDINANCE. S M VOTE: 1 Y 2 Y 3 Y 4 NP 5 Y(Unanimously Carried) 5. Victor Residential Centers, Inc. agreement - proposed is an extension of an agreement to provide an intensive residential treatment setting for mentally ill adolescents from Butte County who otherwise would require more restrictive and costly care in a hospital setting commencing July 1, 1992 through June 30, 1993 in the maximum amount of $132,280 - action requested - APPROVE EXTENSION OF AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (1477) MOTION: I MOVE TO APPROVE EXTENSION OF THE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. S M VOTE: 1 Y 2 Y 3 Y 4 NP 5 Y(Unanimously Carried) 6. Work Training Center for the Handicapped, Inc. - proposed is an extension of an agreement to provide consultant services for the Stomp Out Stigma Program for fiscal year 1992/93 in the maximum amount of $3,500 - action requested - APPROVE EXTENSION OF AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (1723) MOTION: I MOVE TO APPROVE EXTENSION OF THE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. S M VOTE: 1 Y 2 Y 3 Y 4 NP 5 Y(Unanimously Carried) Page 261 August 4, 1992 Auqust 4~ 1992 92-302 7. Local Government Contingency Planning Grant - a pre-application has been prepared for submission to the California Energy Commission to provide an energy contingency planning element to the Civil Disaster emergency operating plan. The pre- application is in the amount of $48,418 {State $35,000; County in-kind $13,418) - action requested - APPROVE PRE-APPLICATION AND AUTHORIZE THE CHAIR TO SIGN. (1758) MOTION: I MOVE TO APPROVE THE PRE-APPLICATION AND AUTHORIZE THE CHAIR TO SIGN. M S VOTE: i Y 2 Y 3 Y 4 NP 5 Y(Unanimous2y Carried) RECESS: 10:07 A.M. RECONVENE: 10:22 A.M. Public Hearin~g and Timed Items 92-303 Public hearing - Wesley Webb - consideration of a rezone {proposed negative declaration regarding environmental impact) from "U" (unclassified) to A-5 (agricultural, five acre parcels), property located on the west side of La Porte Road, approximately 1/4 mile north of its intersection with Oro-Bangor Highway at 9591 La Porte Road, AP 028-240-033, Bangor area. (1928) MOTION: I MOVE TO ACCEPT THE RECOMMENDATIONS OF STAFF MEMORANDUM DATED MAY 11, 1992, AND (A) FIND THAT: (1) AN INITIAL STUDY WAS COMPLETED IN COMPLIANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT.; (2) SAID STUDY AND COMr~IENTS RECEIVED THEREON IDENTIFIED NO SIGNIFICANT EFFECT THAT THE PROJECT MAY HAVE.; (3) PROPOSED NEGATIVE DECLARATION HAS BEEN COMPLETED IN COMPLIANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT.; (4) THE PROPOSED REZONING DOES CONFORM TO THE POLICIES, INCLUDING THE TEXT AND MAP, OF THE BUTTE COUNTY GENERAL PLAN, BECAUSE IT LIES ADJACENT TO A SMALLER PARCEL DEVELOPMENT AND IS NEAR THE CENTER OF BANGOR; (B) ADOPT A NEGATIVE DECLARATION FOR THE REZONING OF PROPERTY IDENTIFIED AS AP D28-240-033 (WESLEY WEBB); AND (C) ADOPT ORDINANCE 3027 REZONING TO A-5 THAT PROPERTY IDENTIFIED AS AP 028-240-033 (WESLEY WEBB). M S VOTE: 1 Y 2 Y 3 Y 4 NP 5 Y(Unanimou5ly Carried) Page 262 August 4, 1992 Auqust 4, 1992 92-304 Public hearing - determination of existence of a public nuisance and orderinq the abatement of said nuisance pursuant to Chapter 32A of the Butte County Code on property identified as 3345 Spencer Street, Oroville (AP 035-111-014). (2157) MOTION: HAVING CONSIDERED EVIDENCE PROVIDED BY THE HEALTH DEPARTMENT AND PRESENTED AT THIS HEARING BY THE DEPARTMENT AND OTHERS, THE BOARD OF SUPERVISORS DECLARES THE ACCUMULATION OF DEBRIS LOCATED UPON 3305 SPENCER STREET, OROVILLE TO BE A PUBLIC NUISANCE. THIS FINDING IS IN ACCORDANCE WITH CHAPTER 32A OF THE BUTTE COUNTY CODE. ANY AND ALL PERSONS MAINTAINING SAID PUBLIC NUISANCE, INCLUDING ANY PERSON WITH AN OWNERSHIP INTEREST IN THE REAL PROPERTY AT 3305 SPENCER STREET ARE HEREBY ORDERED TO ABATE SAID NUISANCE WITHIN 30 DAYS OF THIS DATE. THE HEALTH DEPARTMENT, IN CONSULTATION WITH COUNTY COUNSEL, IS AUTHORIZED TO PROCEED WITH AN ABATEMENT FOLLOWING THE PROVISIONS OF CHAPTER 32A. THE HEALTH DEPARTMENT MAY UTILIZE VOLUNTEER ASSISTANCE OR OTHERWISE ABATE THE NUISANCE PROVIDED, HOWEVER, AN APPROPRIATION, IF NEEDED, WILL REQUZRE AN ADDITION ACTION BY THE BOARD. M S VOTE: 1 Y 2 Y 3 Y 4 NP 5 Y(Unanimously Carried) (THE CHAIR INTRODUCED HER SISTER TERRY DOLAN, NEPHEWS PATRICK AND TIMOTHY FEASTER, AND SUPERVISOR FULTON'S DAUGHTER BROOKE) 92-305 Demonstration of the State Fire Marshal automatic fire sprinkler trailer. (2644) RECESS: THE BOARD RECESSED AT 10:45 A.M. TO THE COUNTY'S UPPER PARKING LOT TO VIEW A DEMONSTRATION OF THE STATE FIRE MARSHAL'S AUTOMATIC FIRE SPRINKLER TRAILER. RECONVENE: 11:35 A.M. 92-306 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.) (NONE) Page 263 August 4, 1992 August 4, 1992 92-307 CLOSED SESSION: The Board recessed at 11:36 a.m. to a closed session for the purpose of meet and confer, and personnel matters. RECONVENE: The Hoard reconvened at 12:27 p.m. following a closed session for the purpose of ineet and confer, and personnel matters. (NO ANNOUNCEMENTS) 92-308 Communications Communications received and referred. (COPIES OF ALL COMMUNICATIONS ARE AVAILABLE IN THE CLERK OF THE BOARD OFFICE.) a. Linda R. Williams, Business Manager, Oroville Union High School District - forwards a copy of a resolution adopted by the Oroville Union High School District Board of Trustees increasing the previously levied fee to the amount of $1.65 per square foot for assessable space for new residential construction and for residential reconstruction to the extent of the resulting increase in assessable areas; and to the amount of $0.27 per square foot for new commercial or industrial construction effective August 17, 1992 - action requested - REFER TO CHIEF ADMINISTRATIVE OFFICER, DIRECTOR-DEVELOPMENT SERVICES, AND AUDITOR-CONTROLLER. b. Gregory Poseley, Manager, Farmland Mapping and Monitoring Program, State Office of Land Conservation - notifies the Board that the Department of Conservation's Farmland Mapping and Monitoring Program (FMMP) will begin the 1992 Interim Farmland Map biennial update this summer, and are requesting any assistance staff can provide with updating the 1990 map. Recommendations for changes and information submitted on "Lands Committed to Nonagricultural Use" are requested within 90 days - action requested - REFER TO DIRECTOR-DEVELOPMENT SERVICES, AND JERRY SMITH, FARM-HOME ADVISOR. c. Tim Leslie, Senator, First District - requests that the Board communicate to Governor Wilson their support of Senator Leslie's pursuit of solutions to the imminent fire danger of dead or dying trees in the Sierra Nevadas - action requested - REFER TO CHIEF ADMINISTRATIVE OFFICER AND FIRE WARDEN. Page 264 Auqust 4, 1992 -~ Auqust 4. 1992 92-308 d. Frank Grace, Counties Building Supervisor, California Exposition and State Fair - encourages county participation in the exhibits in the Counties Building and special events during the 1992 State Fair - action requested - REFER TO CHIEF ADMINISTRATIVE OFFICE AND AGRICULTURAL COMMISSIONER. ADJOURNMENT: There being no further business before the Board, the meeting was adjourned at 12:27 p.m. in honor and memory of John Tibbitts, and his wonderful service to the people of Butte County, particularly the Fire Department. The Board expressed their condolences to his co-workers and family. The Board will reconvene on Tuesday, August 18, 1992 at 9:00 a.m. or~rr, cnair of Supervisors ATTEST: \ i _~~ JOHN S. BLACKLOC~ Chief Administrative Officer and C~lerk of t Board of Supervisors By : ~a f Page 265 August 4, 1992