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HomeMy WebLinkAboutM082493Call to order - Board of Supervisors room, County Administration Building, 25 County Center Drive, Oroville. Supervisors Meyer, Dolan, McLaughlin, Thomas and Chair Houx. John S. Blacklock, Chief Administrative Officer; Neil H. McCabe, Assistant County Counsel; and Carol Roach, Assistant Clerk of the Board. Pledge of allegiance to the Flaq of the United States of America. 93-312 Items removed from the Consent Agenda for Board consideration and action. 1. Introduction of a salary ordinance amendment replacing the classification of Director-Planninq with the classification of Manager-Planninq (the position will no lonqer hold status as a county department head), and replacing the classification of Assistant Director-Planning with the classification of Principal Planner. Current year savinqs is $3,240 - action requested - WAIVE READING OF THE ORDINANCE. 93-313 Consent Acxenda 1. Approval of minutes - action requested - APPROVE MINUTES OF AUGUST 10, 1993 AND AUGUST 17, 1993. 2. Budget transfer - action requested - APPROVE BUDGET TRANSFER 8-009 (MENTAL HEALTH/ALCOHOL AND DRUG SERVICES), AND B-241 (FINAL REVENUE ADJUSTMENTS). 3. County Library donation - in accordance with Government Code Section 25355, a donation of $3,000 from Chico Friends of the Library has been received for the Butte County Library Trust Fund for continuing operations - action requested - ACCEPT DONATION AND AUTHORIZE LETTER OF APPRECIATION. Page 297 August 24, 1993 93-313 August 24. 1993 4. County Library donations - in accordance with Government Code Section 25355, donations totaling $1,645.50 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. 5. Butte County Interagency Hazardous Materials Team - Mr. Brett Baptista, Pacific Insiqht, Chico donated a battery power supply unit, valued at $189, to the Hazardous Materials Team to power the Team's computerized chemical dictionary - action requested - ACCEPT DONATION AND AUTHORIZE LETTER OF APPRECIATION. 6. Fire Department - the Bangor Volunteer Fire Company would like to donate two Bendix/Kinq handie- talkies, model EPH 5141A (serial numbers D13266 and D12288) to the Cvunty - action requested - ACCEPT DONATIONS AND AUTHURIZE LETTER OF APPRECIATION. 7. Oroville Memorial Hall Committee - action requested - REAPPOINT CHARLES ROBERTSON, ROLAND STRANG, DALE DEMO, LIAYD M. BLACKWELL AND CARL YOUNG AND APPOINT JOHN SKINNER, LEE SHETTLESWORTH AND JOSEPH L. YOUNG TO SERVE UNTZL JUNE 30, 1994. 8. Gridley Memorial Hall Committee - action requested - REAPPOINT TIM TOKUNO, WILLIAPI FARR, GENE STRAW, RAY ROBERTS AND APPOINT MARIO DUARTE TO SERVE UNTIL JUNE 30, 1994. 9. Biggs Memorial Hall Committee - action requested - REAPPOINT RAY VALVERDE, NORRIS ANDERSON AND GEORGE GOODWIN AND APPOINT KENNETH JENNINGS AND ERNEST HOHMAN, JR. TO SERVE UNTIL JUNE 30, 1994. 10. Paradise Memorial Hall Committee - action requested - REAPPOINT LESLIE LYON, JAMES MOYER AND HARRY HUDSON AND APPOINT BILL STOKES TO SERVE UNTIL JUNE 30, 1994. 11. Harold M. and Katherine L. Forslund, Redding - file a claim for indemnity in an unspecified amount as the result of Butte County Superior Court action no. 110687, wherein plaintiff Dorothy M. Frank alleges in~uries and damages sustained in a fall on or about June 14, 1990 upon a paved sidewalk at 488 East Avenue, Chico - action requested - REJECT CLAIM FOR INDEMNITY AND REFER TO RISK MANAGER AND COUNTY COUNSEL. Page 298 Auqust 24, 1993 93-313 August 24, 1993 12. Sale of surplus property - 110 Condor Road (AP 41- 520-021) - all conditions of the property sale to Ms. Susan Kamm have been met - action requested - ADOPT A RESOLUTION 93-124 APPROVZNG THE SALE AND AUTHORIZING THE CHAIR TO SIGN THE DEED CONVEYING THE PROPERTY TO SUSAN KAMI~. 13. Adoption of tax rates - State law requires the Board to adopt various ad valorem tax rates not later than September 1 of each year - action requested - ADOPT RESOLUTION 93-125 FIXING TAX RATE IN THE COUNTY OF BUTTE FOR FISCAL YEAR 1993-94 AND AUTHORIZE THE CHAIR TO SIGN. 14. County service area service charges - in order to levy service charges in the various county service areas it is necessary to accomplish several prerequisite steps - action requested - DIRECT THAT A REPORT OF SERVICE CHARGES BE PREPARED IN ACCORDANCE WITH GOVERNMENT CODE SECTION 25210.77a AND THAT SAID REPORT BE FILED WITH THE CLERK OF THE BOARD OF SUPERVISORS; THAT A PUBLIC HEARING BE SET FOR SEPTEMBER 14, 1993 AT 10:15 A.M.; AND DIRECT PUBLICATION OF NOTICE OF HEARING IN ACCORDANCE WITH GOVERNMENT CODE SECTION 6066. 15. Investments information report - the Treasurer-Tax Collector submits the July, 1993 report in accordance with AB 1073 and the County's investment policy - action requested - ACCEPT FOR INFORMATION. 16. Resolution designatinq Labor Day, September 6, 1993 as "Try American Day" in Butte County - action requested - ADOPT RESOLUTION 93-126 AND AUTHORIZE THE CHAIR TO SIGN. 17. Resolution in recognition of the 25th year of Palermo Field Day "Pride in Palermo" on September 11, 1993 - action requested - ADOPT RESOLUTION 93-127 AND AUTHORIZE THE CHAZR TO SIGN. 18. Resolution proclaiming September 19-25, 1993 as Rehabilitation Week in Butte County - action requested - ADOPT 93-128 RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. Page 299 Auqust 24, 1993 93-313 Auqust 24. 1993 19. Notice of completion for construction of pavement overlays on various County roads, project no. AC- 92-2 - pavinq overlays on West Lindo Avenue, Skyway, Durham Dayton Highway, Durham-Pentz Road, Lincoln Blvd. and East Gridley Road have been completed in accordance with the plans and specifications - action requested - ACCEPT PROJECT, AUTHORIZE CHAIR TO SIGN THE NOTICE OF COMPLETION, AND AUTHORIZE FILING OF NOTICE OF COMPLETION. 20. Sacramento Savings Bank - proposed is an amendment to the aqreement for investment of deferred compensation funds for part-time, seasonal and temporary employees (PST) commencing July 1, 1993 throuqh January 31, 1995. The renewal aqreement imposes a recordkeepinq fee of $1 to be paid by plan participants - action requested - APPROVE AMENDMENT TO AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. 21. Harbor Hills - the aqreement provides residential care services to County mental health clients as an alternative to State hospitalization or a hiqher level of care. The contract maximum is 368 bed days in the maximum amount of $29,153 (realiqnment) commencinq July l, 1993 through December 31, 1993 - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. 22. County of Butte/County of Modoc - proposed is a contract to provide a maximum of 27.5 bed days at the Butte County Mental Health Psychiatric Health Facility for residents of Modoc County who are referred to the County for inpatient services. The contract commences July l, 1993 through June 30, 1994 in the maximum amount of $10,000 (Modoc County) - action requested - APPROVE CONTRACT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. 23. Oroville Hospital - the aqreement provides emergency rovm services 24 hours a day, seven days a week to provide histories and physical examinations for patients admitted to the County's Psychiatric Health Facility. The agreement is for the period July 1, 1993 through December 31, 1993 in the maximum amount of $13,500 (realiqnment) - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. Page 300 August 24, 1993 93-313 Auqust 24. 1993 24. Chico Professional offices - proposed is a lease and aqreement for the building located at 578 Rio Lindo Avenue, Suite 1, Chico which houses the Alcohol and Drug Services' Adult Outpatient Unit commencinq July 1, 1993 through June 30, 1994 in the maximwn amount of $18,823.92 (State/Federal) - action requested - APPROVE LEASE AND AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. 25. Teresa Wood-Hansen - proposed is an agreement for the provision of physical and occupational therapy services to children eligible for the California Children's Services (CCS) Program. The agreement, commencinq July 1, Z993 throuqh June 30, 1994, is in the maximum amount of $12,650 (50~ State/25~ realignment/25~ County) - action requested - APPROVE AGREEMENT AND AUTHORIZE TIiE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. 26. State Department of Health Services - proposed is an amendment to the agreement for the provision of a variety of AIDS education, prevention and testing services. Under the terms of this amendment, the maximum amount payable by the State will increase from $53,305 to $118,305. The additional funding of $65,000 will be utilized to provide education and prevention services - action requested - APPROVE AMENDMENT TO AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. 27. North Valley Rehabilitation Hospital - proposed is an aqreement for the provision of physical and occupational therapy services to children eliqible under the California Children's Services (CCS) Proqram. The aqreement, commencinq July 1, 1993 through June 30, 1994, is in the maximum amount of $12,650 (50~ State/25$ realignment/25$ County) - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDZTOR-CONTROLLER. 28. Meetinq date for joint Board of Supervisors/Planninq Commission Workshop - the Chief Administrative Officer recommends Tuesday, September 14, 1993 at 11:00 a.m. - action requested - SET WORKSHOP. MOTION: I MOVE TO APPROVE THE CONSENT AGENDA WITIi THE REMOVAL OF ITEM 3.16. S M VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y(Unanimously Carried) Paqe 301 Auqust 24, 1993 ~ Auqust 24, 1993 93-314 Appointments - commissions and committees. a. Appointments to committee vacancies. (NONE) b. Emergency Medical Care Committee - action requested - MAKE APPOINTMENTS. MOTION: I MOVE TO APPOINT HARRIET GOFF (PUBLIC MEMBER) TO THE SERVE ON THE EMERGENCY MEDICAL CARE COMMITTEE UNTIL JUNE 30, 1996. M S VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y(Unanimously Carried) MOTION: I MOVE TO APPOINT DAVID YORK (MOBILE INTENSIVE CARE NURSE [MICNJ), JACK B. STORNE (LAW ENFORCEMENT), AND DENNIS HALL (EMT/MICN TRAINING) TO SERVE ON THE EMERGENCY MEDICAL CARE COMMITTEE UNTIL JUNE 30, 1996. S M VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y(Unanimously Carried) 93-315 Update on Sacramento legislative and budget activities. (JOHN S. BLACKIACK REPORTED ON AB 2373 (TORRES) WHICH CONTAINS A PROVISION FOR A PROPERTY TAX ADMINISTRATION FEE AND TECHNICAL ITEMS OF HELP TO OUR COUNTY AND COUNTIES ACROSS THE STATE. SUPERVISOR DOLAN REPORTED TO TFiE BOARD ON THE CALIFORNZA STATE ASSOCIATION OF COUNTIES [CSAC] BOARD OF DIRECTORS MEETING OF AUGUST 13, 1993) 93-316 A MATTER ON WHICH A PUBLIC HEARING WAS HELD AUGUST 17, 1993 - 1993-94 Butte County final budqet - action requested: A. ACCEPT POLICY RECOMY~NDATIONS OF THE BOARD BUDGET COMMITTEE AND CITIZENS BUDGET COMMITTEE; AND MOTION: I MOVE TO ACCEPT THE POLICY RECOI~IIrIENDATIONS OF THE BOARD BUDGET COMMITTEE AND CITIZENS BUDGET COMMITTEE. S M VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y(Unanimously Carried) B. ADOPT RESOLUTION ADOPTING 1993-94 BUTTE COUNTY FINAL BUDGET AND AUTHORIZE THE CHAIR TO SIGN. (309) MOTION: I MOVE TO ADOPT RESOLUTION 93-129 ADOPTING 1993-94 BUTTE COUNTY FINAL BUDGET AND AUTHORIZE THE CHAIR TO SIGN. S M VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y(Unanimously Carried) Paqe 302 Auqust 24, 1993 ~ ^ 93-317 Board of Supervisors Budget Committee - introduction of an ordinance amendinq ordinance relative to Board of Supervisors compensation for transportation for members of the Board for attendance to all county related activities and events - action requested - WAIVE READING OF THE ORDINANCE. (ORDINANCE ALTERED FROM ORDINANCE AS INTRODUCED ON 8-17-93) (456) MOTION: I MOVE TO WAIVE READING OF THE ORDINANCE. S M VOTE: 1 Y 2 Y 3 Y 4 Y 5 N(Motion Carried) 93-318 Report to Board - bid openinq for construction of pavement overlays on various Butte County roads, County contract no. AC-93-1 - action requested - AWARD CONTRACT TO LOW BIDDER. (562) MOTION: I MOVE TO AWARD THE CONTRACT TO IAW BIDDER BALDWIN CONTRACTING COMPANY, INC., CHIC~ IN THE AMOUNT OF $382,444. S M VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y(Unanimously Carried) 93-319 North Chico Specific Plan Area - preliminary infrastructure enqineering and financinq assessment - action requested - APPROVE CONTRACT WITH VAIL ENGINEERING CORPORATION IN THE AMOUNT OF $28,000 (COMMUNITY DEVELOPMENT BLOCK GRANT, CONTRACT NO. 92-EDBG-197) AND AUTHORIZE THE CHAIR TO SIGN. (590) MOTION: I MOVE TO ACCEPT THE RECOMNIENDATIONS OF THE BUTTE COUNTY ECONOMIC DEVELOPMENT CORPORATION, AND APPROVE THE CONTRACT WITH VAIL ENGINEERING CORPORATION IN THE AMOUNT OF $28,000 (COMMUNITY DEVEIAPMENT BLOCK GRANT, CONTRACT NO. 92-EDBG-197) FOR THE PREPARATION OF THE INFRASTRUCTURE ENGINEERING AND FINANCING ASSESSMENT FOR T~iE INDUSTRIAL LAND WITHIN THE NORTH CHICO SPECIFZC PLAN AREA AND AUTHORIZE THE CHAIR TO SIGN. S M VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y(Unanimously Carried) Paqe 303 Auqust 24, 1993 ,~-~ August 24, 1993 ^ 93-320 Items removed from the Consent Agenda for Board consideration and action. 1. Introduction of a salary ordinance amendment replacinq the classification of Director-Planning with the classification of Manaqer-Planninq (the position will no longer hold status as a county department head), and replacinq the classification of Assistant Director-Planninq with the classification of Principal Planner. Current year savings is $3,240 - action requested - WAI~7E READING OF THE ORDINANCE. (682) MOTION: I MOVE TO WAIVE READING OF THE ORDINANCE AS CORRECTED. M S VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y(Unanimously Carried) 93-321 CLOSED SESSiON: The Board recessed at 9:30 a.m. to a closed session for the purpose of actual litigation pursuant to Government Code Section 54956.9(a) (Metzger v. Butte County, and the Cellular Telephone Settlement Proposal: Settlement Agreement Between the State Board of Equalization and Defendant Counties, and Plaintiffs Cellular Telephone Companies Regardinq Property Tax Refund Litigation.) (752) RECONVENE: The Board reconvened at 10:03 a.m. followinq a closed session for the purpose of actual litiqation pursuant to Government Code Section 54956.9(a) (Metzger v. Butte County, and the Cellular Telephone Settlement Proposal: Settlement Agreement Between the State Board of Equalization and Defendant Counties, and Plaintiffs Cellular Telephone Companies Regardinq Property Tax Refund Litigation.) (NO ANNOUNCEMENTS) Public Hearinas and Timed Items 93-322 Public hearing - John A. Babcock - abandonment of a right-of-way on Chico Canyon Road from Centennial Avenue westerly, identified as AP 011-d20-048, Chico. (760} (HEARING OPENED AND CONTINUED OPEN TO SEPTEMBER 28, 1993 AT 10:30 A.M.) Page 304 August 24, 1993 ~ ^ 93-323 Pt~~ic Comment. (PRESENTATIONS WILL BE LIMITED TO FIVE MINUTES. THE BOARD OF SUPERVISORS IS PROHIBITED BY STATE LAW FROM TAKING ACTION ON ANY ITEIK PRESENTED IF IT IS NOT LISTED ON THE AGENDA.) (990) 1. Frances Kelley, Oroville - the State Wildlife Conservation Board meeting in Sacramento on August 23, 1993 and its approval of the acquisition of 3,272± acres of land on North Table Mountain - the tax qrab and failure of County officials to write letters or appear to say they were against this. 2. Mike Kelley, Oroville - the State Wildlife Conservation Board meetinq in Sacramento on August 23, 1993 and its approval of the acquisition of 3,272± acres of land on North Table Mountain - taxes being paid by the State are discretionary - and an alleqed conflict of interest by Mary Andrews, a member of the Chico City Council. (CHAIR HOUX NOT PRESENT/VICE CHAIR MC LAUGHLIN PRESIDING) RECESS: 10:20 A.M. RECONVENE : 1 0: 3 0 A. M. ( C H A I R H O U X PRESIDING/SUPERVISOR THOMAS NOT PRESENT) Public Hearings and Timed Items 93-324 Continued public hearinq - GDA Engineerinq & Surveyinq on behalf of Roqer Green, Green Rock Quarries consideration of an appeal of the Planning Commission's denial of a request for modification of a use permit (item determined to be a general ru2e exemption from environmental review) to provide an interim extension of four months time for the extraction of mineral resources on property zoned "U", property located at the end of Coal Canyon Road at the base of Table Mountain, AP 041-140-014, 028, 032, 034; 041-160-031, 037, 039, 044, 045; and 041-210-045, Oroville area. (1306) (SUPERVISOR THOMAS PRESENT) Paqe 305 Auqust 24, 1993 Auaust 24, 1993 93-324 93-325 MOTION: I MOVE TO ACCEPT RECOMl+~NDATIONS OF SUPERVISORS MEYER AND MC LAUGHLIN (MEMORANDUM DATED AUGUST 19, 1993) AND (1) GRANT A THREE MONTH TIME EXTENSION FOR EXTRACTION FROM CELL MOI-A AND ENCOURAGE A REVISED EXTRACTION AND RECLAMATION PLAN BE SUBMITTED WITHIN THAT TZME FRAME. ALIAW EXTRACTION IN CELL MOI-A TO CONTINUE DURING THE PERIOD THE COUNTY IS CONSIDERING THE AMENDMENT REQUEST. IF APPLICANT DOES NOT SUBMIT AN AMENDMENT REQUEST WITHIN THREE MONTHS, INSTITUTE APPROPRIATE ACTIONS TO ENFORCE PROVISIONS OF CURRENT PERMIT INCLUDING IIrIIrIEDIATE CONII~NCEMENT OF RECLAMATION OF CELL MOI-A.; (2) INFORM THE OPERATORS THAT ANY PERMIT REVISIONS SUBMITTED SHOULD INVOLVE THE PROMPT CONII~NCEMENT OF RECLAMATION OF ALL OR PORTIONS OF CELL MOI-A OR THE EQUIVAI.ENT UPPER AREAS OF THE QUARRY.; (3) REDESIGN OF THE CELIS AND EXTRACTION PLAN SUBMITTED TO THE COUNTY SHOULD BE FIRST COORDINATED BY THE APPLICANT WITH APPLICABLE STATE AND FEDERAL OVERSIGHT AGENCIES (STATE DIVISION OF MINES AND GEOLOGY AND EMSHA) TO ENSURE THE MECHANICS OF ANY REVISED PLANS ARE FULLY WORKABLE; AND (4) THE BOARD SHOULD INFORM THE APPLICANT THAT BY THIS TEMPORARY EXTENSION NO GOMMITMENTS ARE MADE WITH RESPECT TO THE SUBSEQUENT OVERALL PERMIT MODIFICATION THAT MAY BE GRANTED. THE PLANNING COMMISSION SHOULD BE INSTRUCTED TO CONSIDER THE REQUEST ON ITS MERITS PRIOR TO ITS COMING TO THE BOARD. M S VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y(Unanimously Carried) Communications received and referred. (COPIES OF ALL COMMUNICATIONS ARE AVAILABLE IN TFIE CLERK OF THE BOARD OFFICE.) a. Linton A. Brown, Chief, Northern District, State Department of Water Resources - forwards statements of costs for watermaster service in the Butte Creek service area in Butte County for the 1993-94 fiscal year. (ACCEPT FOR INFORMATION) Page 306 Auqust 24, 1993 9 93-325 b. Edward G. Heidiq, Director, State Department of Conservation - notifies the Board that Governor Wilson recently signed two bills affectinq the California Land Conservation (Williamson Act) Program (SB 683 [Chapter 65, Statutes of 1993]), and (AB 582 [Chapter 89, Statutes of 1993]). (REFER TO DIRECTOR-DEVELOPMENT SERVICES, CLERK OF TNE BOARD, ASSESSOR AND AUDITOR-CONTROLLER) c. Jean Crist, Protect our Watershed, Paradise - submit a comment sheet as a follow-up to the Development Services Department's public meetinqs on the County~s General Plan Issues and Options Report. (REFER TO DIRECTOR-DEVELOPMENT SERVICES) d. Association of Butte County Chambers of Commerce - submit to the Board a program schedule for utilization of transient occupancy taxes for marketinq Butte County tourism related activities. (REFER TO TREASURER-TAX COLLECTOR) 93-326 CLOSED SESSION: The Board recessed at 10:55 a.m. to a closed session for the purpose of personnel matter(s) and meet and confer. RECONVENE: The Board reconvened at 11:37 a.m. following a closed session for the purpose of personnel matter(s) and meet and confer. (NO ANNOUNCEMENTS) RECESS: The Board recessed at 11:37 a.m. to the goundbreaking ceremony for the new jail housinq units (jail site), and to reconvene to closed session on Tuesday, August 31, 1993 at 9:00 a.m. ~J~, /h' ~ ' ~' NNE' HOUX, Chair of Supervisors ATTEST: JOHN S. BLACKLOCK, Chief Administrative Officer and Clerk of t Board of Supervisors By: Paqe 307 Auqust 24, 1993