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HomeMy WebLinkAboutM082697MINUTES BOARD OF SUPERVISORS R. J. BEELER, 1st District JANE DOLAN, 2nd District MARY ANNE ROUX 3rd District CURT JOSIASSEN, 4th District FRED C. DAMS, 5th District August 26, 1997 Call to order - Board of Supervisors room, County Administration Building, 25 County Center Drive, Oroville. Present: Supervisors Beeler, Dolan, Houx, Josiassen and Chair Davis. 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. Invocation (None) 97-259 Items removed from the Consent Agenda for Board consideration and action. 1. Storm Damage Project Management - a resolution amending Resolution No. 97-49 (April 22, 1997) has been prepared relating to management of storm damage projects from the 1997 Winter storms. The amended resolution provides for the General Services Director to be authorized to award bids and sign construction and other contracts for Natural Resource Conservation Services specific projects greater than $30,000 in value as previously authorized, to include: Flea Valley Creek Streambank Stabilization Project (DSR No. 4230-97-9) in the estimated amount of $46,000 - action requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. Consent Agenda 97-260 1. Approval of minutes - action requested - APPROVE MINUTES OF AUGUST 12-15, 1997. 2. Budget transfers - action requested - APPROVE BUDGET TRANSFERS B-018 (Public Health), AND B-300 (FINAL CLOSING . BUDGET TRANSFER FOR FISCAL YEAR ENDED JUNE 30, 1997.) 3. County Library donation - in accordance with Government Code Section 25355, a donation of $650 from Friends of the Library, Oroville has been received for the Butte County Trust Fund for the purchase of books - action requested - ACCEPT DONATION AND AUTHORIZE LETTER OF APPRECIATION. Page 311 August 26, 1997 August 26, 1997 97-260 4. Table Mountain Auto & RV - wishes to donate a 1984 Police KZ1000 Motorcycle (vehicle identification no. JKAKZCTIP5EB502183), valued at $5,000, to the Butte County Sheriff's Office for use in their Operations Division - action requested - ACCEPT DONATION AND AUTHORIZE LETTER OF APPRECIATION WITH THE UNDERSTANDING THAT THE MOTORCYCLE IS TO BE RETURNED TO CARL HOFFMAN UPON ITS COMPLETION OF SERVICE TO THE SHERIFF'S OFFICE. 5. Assessment Appeals Board and Assessment Hearing Officer - action requested - REAPPOINT RICHARD E. VERMILLION (ASSESSMENT APPEALS BOARD), AND REAPPOINT JOHN B. PAYNE (ASSESSMENT HEARING OFFICER) TO TERMS TO EXPIRE SEPTEMBER 4, 2000. 6. Chico Memorial Hall Committee - action requested - REAPPOINT GEORGE MCDONALD, DELEGATE AND GRACIE O'NEIL, ALTERNATE (DISABLED AMERICAN VETERANS #125); REAPPOINT CHUCK WITTEN, DELEGATE AND APPOINT ROY NORBY, ALTERNATE (VETERANS OF FOREIGN WARS); APPOINT ROBERT DODDS, DELEGATE AND REAPPOINT V.H. "VARY" VARTABEDIAN, ALTERNATE (AMERICAN LEGION); REAPPOINT LES ECHELBERGER, DELEGATE AND ART JOHNSON, ALTERNATE (FLEET RESERVE, BRANCH #65); APPOINT JAMES "JIM" GARD, DELEGATE (NAVEL SEA CADET CORP.) TO TERMS TO EXPIRE JUNE 30, 1998. 7. Private Industry Council - action requested - APPOINT JUDY SISSON (PARADISE BUSINESS REPRESENTATIVE) TO FILL AN UNEXPIRED TERM ENDING JUNE 14, 1998. 8. County Counsel - Board authorization is requested for the purchase of a new LAN server in the maximum amount of $6,000 as approved in the 1997-98 proposed budget - action requested - APPROVE PURCHASE OF FIXED ASSET ITEM. 9. District Attorney - Board authorization is requested to purchase one Kenwood Transceiver, with power supply, antenna, desk top tone remote and hardline cable in order to implement the Department's radio network plan in the maximum amount of $3,000 (Narcotics Asset Seizure Trust Fund) - action requested - APPROVE BUDGET TRANSFER B-017 AND PURCHASE OF FIXED ASSET ITEMS. 10. Fire Department - on February 11, 1997 (Resolution no. 97-15) the Board approved a grant agreement with the Department of Toxic Substances Control in the maximum amount of $12,000 to be used for the purchase of breathing apparatus and spare bottles for the County's Hazardous Materials Team. In order to receive the grant, the County must first purchase the required items and then request reimbursement - action requested - APPROVE BUDGET TRANSFER B-016, AND SOLE SOURCE PURCHASE OF TWO SELF-CONTAINED DRAGER (TO MATCH CURRENT ITEMS IN USE) BREATHING APPARATUS AT $2,800 EACH ($5,600 TOTAL)AND EIGHT DRAGER BREATHING APPARATUS BOTTLES AT $800 EACH ($6,400 TOTAL.) Page 312 August 26, 1997 August 26, 1997 97-260 11. Award of bid no. 05-98 - transport trailer - bids have been opened for the purchase of a low bed transport trailer for the Public Works Department with the low bidder being GCS Western of Sacramento in the amount of $12,877.51 - action requested - AWARD BID. 12. Award of bid no. 09-98 - Public Works vehicle - bids have been opened for the purchase of a sports utility vehicle for the Public Works Department with the low bidder meeting specifications being Gold Rush Chevrolet of Auburn in the amount of $23,918.31 - action requested - AWARD BID. 13. Award of bid no. 11-98 - two-ton vibratory roller/trailer - bids have been opened for the purchase of a roller and trailer for the Public Works Department with the low bidder being Ricker Machinery Co. of Oakland in the amount of $17,374.50 - action requested - AWARD BID. 14. Award of bid no. 12-98 - brush chipper - bids have been opened for the purchase of a brush chipper for the Public Works Department with the low bidder meeting specifications being Cal-Line Equipment Co. of Livermore, CA in the amount of $23,545.67 - action requested - AWARD BID. 15. Adoption of tax rates - State law requires the Board to adopt various ad valorem tax rates not later than September 1st of each year - action requested - ADOPT RESOLUTION 97-108 FIXING TAX RATES IN THE COUNTY OF BUTTE FOR FISCAL YEAR 1997-98. 16. Lake Oroville Area Public Utility District - proposed is a property tax exchange agreement for the Autrey Lane Annexation District No. 1 (LAFCo 97-24) - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. 17. Special Purpose Certificate of Deposit - Robinson Construction Company, Inc. has on file with the County a Special Purpose Certificate of Deposit in the amount of $25,000 to be used as financial security for the required reclamation of their Feather River Rock Quarry operations (Robinson Pit Oroville Wildlife Area, Permit No. 69-58, Identification no. 91-04-0004 and Robinson Pit, Permit No. 78-96, Identification no. 91-09-005.) Robinson Construction has deposited a bond in the amount of $25,000 and is requesting to exchange the Special Purpose Certificate of Deposit with said bond. A bond is suitable financial assurance for future mine reclamation work in accordance with County Code and the State's Surface Mining and Reclamation Act (SMARA) - action requested - AUTHORIZE THE DIRECTOR-PUBLIC WORKS TO ENDORSE AND RELEASE THE SPECIAL PURPOSE CERTIFICATE OF DEPOSIT. Page 313 August 26, 1997 August 26, 1997 97-260 18. Investments Information Report - the Treasurer-Tax Collector submits the Investments Information Report for the period ending July 31, 1997 in accordance with the County's Statement of Investment Policy dated July 1, 1997 - action requested - ACCEPT FOR INFORMATION. 19. Adoption of a salary ordinance amendment - proposed is the reclassification of one Psychiatric Technician to Senior Psychiatric Technician within the Mental Health Department. The incumbent has been assigned out-of-class work as a Senior Psychiatric Technician for the past year. A study was performed by the Personnel Department to determine the appropriate classification, resulting in a recommendation of the proposed reclassification. Funding is available within the department's 1997-98 budget - action requested - ADOPT ORDINANCE 3351 AND AUTHORIZE THE CHAIR TO SIGN. (FROM 8-12-97) 20. Adoption of a salary ordinance amendment - Assembly Bill 1058 (Chapter 957, Statutes of 1996) requires all Title IV-D family support court cases be heard by a family law commissioner. Statute sets the salary at 85$ of a superior court judge (591,281.50.) Reimbursement for the family law commissioner's salary is provided through grants administered by the Judicial Council, and the Council has determined that Butte County is entitled to one-half (50$) of one full time family law commissioner. In order to facilitate this change, a salary ordinance amendment is proposed to change the salary of Court Commissioner (Range 801) to $73,557-$91,282 with the salary to be determined by percentage of time the Judicial Council determines is spent on Title IV-D family support cases - action requested - ADOPT ORDINANCE 3352 AND AUTHORIZE THE CHAIR TO SIGN. (FROM 8-12-97) 21. Resolution proclaiming September 14-20, 1997 as National Rehabilitation Week in Butte County - action requested - ADOPT RESOLUTION 97-109 AND AUTHORIZE THE CHAIR TO SIGN. 22. State Department of Food and Agriculture - proposed is the fiscal year 1997-98 pest detection/trapping contract (no. 97-0014) in the maximum amount of $25,060. The State reimburses the County for the placing and servicing of traps for Medfly, Oriental Fruit Fly, Melon Fly, Gypsy Moth and Japanese Beetle - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contact no. R40022) Paqe 314 August 26, 1997 August 26, 1997 97-260 23. Judicial Council Mini Drug Court Grant - on April 22, 1997 the Board authorized the acceptance of a $10,000 drug court grant from Judicial Council of California and $2,500 in matching fund contributions from the North Valley Community Foundation. The Judicial Council has now approved an increase to this grant in the amount of $7,355. North Valley Foundation has offered to provide the $1,839 in required matching funds - action requested - ACCEPT THE MATCHING FUND CONTRIBUTION FROM NORTH VALLEY FOUNDATION AND AUTHORIZE A LETTER OF APPRECIATION; AND ADOPT RESOLUTION 97-110 APPROVING THE AMENDED CONTRACT AND AUTHORIZE THE COURT EXECUTIVE OFFICER TO SIGN ON BEHALF OF THE COUNTY. 24. CSE Resources, Inc. - the District Attorney (Family Support Division) proposes the renewal of an agreement for the provision of software license, support, and modifications for the Division's computer system for the period August 1, 1997 to July 31, 1998 in the maximum amount of $6,390.09 per month (Department budget) - action requested - APPROVE AGREEMENT AND AUTHORIZE THE DISTRICT ATTORNEY TO SIGN ON BEHALF OF THE COUNTY SUBJECT TO APPROVAL OF COUNTY COUNSEL AND AUDITOR-CONTROLLER. (Contract no. X10132) 25. Jay Farbstein 6 Associates, Inc. - space analysis and site acquisition plan for Chico area - an agreement has been prepared with Jay Farbstein & Associates, Inc. in the amount of $69,685 to perform a study to provide facilities for the efficient delivery of services by three client agencies in the Chico area: Alcohol, Drug, Mental Health Services; Public Health; and Social Welfare (including GAIN employment services with representatives of Private Industry Council and Employment Development Department.) The project will be funded within the Capital Facilities budget (170.010) with funding as follows: Mental Health, $34,843; Welfare, $20,843; Public Health, $10,453; and Private Industry Council, $3,483 - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (X10710) 26. California Library Literacy Service Matching Funds Grant - the California State Library has requested applications for matching funds for adult literacy services from the California Library Services Act (Education Code Section 18735) for continuing participating in these services in fiscal year 1997-98. Funds are to be used for materials and staff to address the problems of intergenerational illiteracy in eligible adult learner families - action requested - APPROVE GRANT APPLICATION AND AUTHORIZE THE DIRECTOR-LIBRARIES TO SIGN ON BEHALF OF THE COUNTY. Page 315 August 26, 1997 August 26, 1997 97-260 27. United Behavioral Health (formerly PSP Information Group) - proposed is a contract renewal to provide software maintenance, support and enhancement to the current Butte County Alcohol, Drug and Mental Health Services computer system. The term of the contract is July 1, 1997 through June 30, 1998 with a maximum amount of $73,746.66 (realignment) - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract no. X10656) 28. Butte County Alcohol, Drug and Mental Health Services (BCADMHS)/Butte County Department of Public Health - proposed is the renewal of a memorandum of understanding (MOU) for the provision of on-site HIV services for substance abuse clients that are in treatment per Substance Abuse Prevention and Treatment Block Grant guidelines. The term of the MOU is July 1, 1997 through June 30, 1998 with a maximum amount of $16,748 (HIV-S/A allocation) - action requested - APPROVE MOU AND AUTHORIZE THE CHAIR TO SIGN. (Contract no. X10660) 29. Alcohol, Drug and Mental Health Services - the proposed contract and memoranda of understanding are the result of a collaborative effort for the provision of services to severely emotionally and behaviorally disturbed (SED) children and their families: A. Parent Education Network (PEN) - the term of the proposed contract is July 1, 1997 through June 30, 2000 in the maximum amount of $120,000 ($90,000 each fiscal year), and funded by the department from its System of Care allocation - action requested - APPROVE CONTRACT AND AUTHORIZE THE CHAIR TO SIGN; (Contract no. X10662) B. Butte County Public Health Department - the term of the proposed memorandum is understanding is July 1, 1997 through June 30, 2000 in the maximum amount of $61,391 ($20,447 each fiscal year), and funded by the department from its System of Care allocation - action requested - APPROVE MEMORANDUM OF UNDERSTANDING AND AUTHORIZE THE CHAIR TO SIGN; AND (Contract no. X10659) C. Butte County Probation Department - the term of the proposed memorandum of understanding is July 1, 1997 through June 30, 2000 in the maximum amount of $129,000 ($45,000 for the first fiscal year, and $42,000 the remaining two years), and funded by the department from its System of Care allocation - action requested - APPROVE MEMORANDUM OF UNDERSTANDING AND AUTHORIZE THE CHAIR TO SIGN. (X10661) Page 316 August 26, 1997 Aucrust 26, 1997 97-260 30. Butte Anti-Drug Special Supervision (BASS) Program - the BASS grant is provided through the State Office of Criminal Justice Planning and funds the program with 100$ Federal funding that requires no County match. The grant amount for fiscal year 1997-98 is $233,751 and covers the period July 1, 1997 through June 30, 1998 - action requested - ADOPT RESOLUTION 97-111 AUTHORIZING THE CHIEF PROBATION OFFICER TO SUBMIT AN APPLICATION FOR FUNDS PURSUANT TO THE ANTI-DRUG ABUSE ACT OF 1988 AND AUTHORIZE THE CHAIR TO SIGN. 31. 1997-98 Victim Witness Program - the Victim Witness Program provides aid to County citizens who are victims of violent crimes and provides support to those who must testify in court in the cases of violent crimes. The grant is funded through the State Office of Criminal Justice Planning and provides 100 State funding that requires no County match. The grant amount for fiscal year 1997-98 is $141, 585 and covers the period July 1, 1997 through June 30, 1998 - action requested - ADOPT RESOLUTION 97-112 AUTHORIZING THE CHIEF PROBATION OFFICER TO SUBMIT A VICTIM/WITNESS ASSISTANCE CENTER GRANT APPLICATION AND AUTHORIZE THE CHAIR TO SIGN. 32. University of California at Santa Barbara (University) - the County participates with 50 other local jurisdictions in the Automated Vital Statistics System (AVSS). By utilizing AVSS, much of the birth registration process is automated. Proposed is an agreement for the provision of the technical assistance needed to maintain and update the system commencing July 1, 1997 through June 30, 1998 in the maximum amount of $2,625 (Vital Records Improvement Program Surcharge) - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract no. X10622) 33. Neal Road Landfill - on July 28, 1997 a Request for Proposals for constructing monitoring well no. 7 was sent to two environmental engineering firms and both responded on August 7, 1997 with proposals. Both proposals were reviewed and the proposal submitted by the firm of Metcalf & Eddy was determined to be the most satisfactory - action requested - APPROVE AGREEMENT AND LETTER PROPOSAL DATED AUGUST 7,1997 FROM METCALF & EDDY AND AUTHORIZE THE DIRECTOR-PUBLIC WORKS TO EXECUTE THE AGREEMENT ON BEHALF OF THE COUNTY, AT A COST NOT TO EXCEED $14,500 (NEAL ROAD LANDFILL MANAGEMENT FUND.) (Contract no. X10711) Qage 317 August 26, 1997 August 26, 1997 97-260 34. Neal Road Landfill the Neal Road Landfill Company is currently under a one year demonstration project contract (contract no. X10103/expiring September 10, 1997) to develop procedures to increase refuse density resulting in an extension of landfill site life. The Public Works Department proposes to continue this project for an additional two years - action requested - APPROVE AGREEMENT AND LETTER PROPOSAL DATED AUGUST 11, 1997 AND AUTHORIZE THE DIRECTOR-PUBLIC WORKS TO EXECUTE THE CONTRACT ON BEHALF OF THE COUNTY, AT A TOTAL COST NOT TO EXCEED $312,000 ($156,000 ANNUALLY/NEAL ROAD LANDFILL MANAGEMENT FUND) FOR A TWO YEAR PERIOD. (Contract no. X10303) 35. Advanced Step Hire - pursuant Personnel Rule 12.5(b), the Treasurer-Tax Collector is requesting approval for advanced step hiring (step 4) of a candidate for the position of Revenue and Reimbursement Officer II with previous experience as a Revenue and Reimbursement Officer and over 20 years experience in the collection business - action requested - APPROVE ADVANCED STEP HIRING. 36. Destruction of records - the Auditor-Controller requests Board concurrence on the destruction of warrant vouchers, claims, and warrants over five years old, and warrant registers over 15 years old pursuant to Government Code Section 26907 - action requested - APPROVE DESTRUCTION OF RECORDS. MOTION: I MOVE TO APPROVE THE CONSENT AGENDA WITH THE REMOVAL OF ITEM 3.21 AND ON ITEM 3.27, THE AMENDMENT OF THE FIRST THREE LINES OF THE AGENDA ITEM AS FOLLOWS: "CALIFORNIA LIBRARY LITERACY SERVICE MATCHING FUNDS GRANT - THE CALIFORNIA STATE LIBRARY HAS REQUESTED APPLICATIONS FOR MATCHING FUNDS FOR ADULT LITERACY SERVICES FROM THE..." M S VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) Page 318 August 26, 1997 August 26, 1997 Regular Agenda 97-261 Items removed from the Consent Agenda for Board consideration and action. 1. Storm Damage Project Management - a resolution amending Resolution No. 97-49 (April 22, 1997} has been prepared relating to management of storm damage projects from the 1997 Winter storms. The amended resolution provides for the General Services Director to be authorized to award bids and sign construction and other contracts for Natural Resource Conservation Services specific projects greater than $30,000 in value as previously authorized, to include: Flea Valley Creek Streambank Stabilization Project (DSR No. 4230-97-9) in the estimated amount of $46,000 - action requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. MOTION: I MOVE TO ADOPT AMENDED RESOLUTION 97-113 ADDING CONTRACTS FOR BUTTE CREEK NO. 4 STREAMBANK STABILIZATION PROJECT (DSR NO. 4230-97-10)-$60,000; AND BUTTE MEADOWS STREAMBANK STABILIZATION PROJECT (DSR NO. 4230-97-14)-$187,000 AND AUTHORIZE THE CHAIR TO SIGN. M S VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) 97-262 Appointments - commissions and committees. A. Appointments to committee vacancies. (NONE) 97-263 Update on legislative and budget activities. (JOHN S. BLACIQ.OCK, CHIEF ADMINISTRATIVE OFFICER, REPORTED THAT HE IS CONTINUING TO WATCH TRIAL COURT FUNDING, AND IS STILL HOPEFUL THAT THE GOVERNOR AND SENATOR LOCKYER WILL COME TO AGREEMENT ON A DEAL THAT WILL ALLOW STATE TAKE OVER/TRIAL COURT REFORM TO COME FORWARD.) (170) 97-264 California Rural Home Mortgage Finance Authority (CRHMFA) - the Housing Authority of the County of Butte (HACB) requests that the County join the CRHMFA - action requested - ADOPT RESOLUTION AUTHORIZING THE EXECUTION AND DELIVERY OF A JOINT EXERCISE OF POWERS AGREEMENT WITH THE CALIFORNIA RURAL HOME MORTGAGE FINANCE AUTHORITY (CRHMFA) AND AUTHORIZE THE CHAIR TO SIGN. (FROM 7-8-97) (195) MOTION: I MOVE TO ADOPT RESOLUTION 97-114 AUTHORIZING THE EXECUTION AND DELIVERY OF A JOINT EXERCISE OF POWERS AGREEMENT WITH THE CALIFORNIA RURAL HOME MORTGAGE FINANCE AUTHORITY (CRHMFA} AND AUTHORIZE THE CHAIR TO SIGN. S M VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) Page 319 August 26, 1997 August 26, 1997 97-265 "Drug Free Zones" - two Oroville area (Palermo and Thermalito} neighborhood watch and improvement groups have met specific criteria to receive endorsement by the District Attorney and Sheriff as voluntary "Drug Free Zones" - action requested: A. ADOPT RESOLUTION APPROVING THE DRUG FREE ZONE DESIGNATION FOR THE SIERRA AVENUE NEIGHBORHOOD (THERMALITO) AND AUTHORIZE THE CHAIR TO SIGN; AND B. ADOPT RESOLUTION APPROVING THE DRUG FREE ZONE DESIGNATION FOR THE COMMUNITY OF PALERMO AND AUTHORIZE THE CHAIR TO SIGN. (295) MOTION: I MOVE TO A) ADOPT RESOLUTION 97-115 APPROVING THE DRUG FREE ZONE DESIGNATION FOR THE SIERRA AVENUE NEIGHBORHOOD (THERMALITO) AND AUTHORIZE THE CHAIR TO SIGN; AND B) ADOPT RESOLUTION 97-116 APPROVING THE DRUG FREE ZONE DESIGNATION FOR THE COMMUNITY OF PALERMO AND AUTHORIZE THE CHAIR TO SIGN. M S VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) 97-266 Wild Goose Storage, Inc., Natural Gas Storage Facility: A. Project overview B. Update on project status Action requested - ACCEPT FOR INFORMATION. (751) (PROJECT OVERVIEW/UPDATE BY MARK ROBERGE, PROJECT DEVELOPMENT COORDINATOR) 97-267 Chico City Council/Board of Supervisors - consideration of a joint public meeting for the purpose of discussing whether additional solid waste collector permits be issued in the Chico Urban Area - action requested - PROVIDE GUIDANCE TO STAFF ON PREFERENCES FOR DATES AND TIMES AND DIRECT STAFF TO COORDINATE THE ARRANGEMENTS. (1255) (BOARD DIRECTION TO STAFF TO COORDINATE THE ARRANGEMENTS FOR A JOINT PUBLIC MEETING WITH THE CITY OF CHICO ON WEDNESDAY, SEPTEMBER 17, 1997 AT 4:00 P.M. (PREFERENCE), AND AS AN ALTERNATIVE DATE, WEDNESDAY, OCTOBER B, 1997 AT 4:00 P.M.) RECESS: 9:55 A.M. RECONVENE: 10:10 A.M. Page 320 August 26, 1997 August 26, 1997 Public Hearings and Timed Items 97-268 Public hearing - County Service Area (CSA) 169 (Pheasant Landing) - to consider the imposition of new per parcel charges in the amount of $13,741 for fiscal year 1997-98 (one parcel) and $1,069 for future fiscal years (multiple parcels) and to consider establishment of CSA 169. The charges are necessary to provide funding for street lighting, storm drainage, fire protection and sewerage services within the CSA - action requested: A. DETERMINE WHETHER THERE IS A MAJORITY PROTEST OF PROPERTY OWNER(S) WITHIN THE CSA; B. TERMINATE PROCEEDINGS AS TO THE CSA IF THERE IS A MAJORITY PROTEST OF PROPERTY OWNER(S) WITHIN THE CSA; OR C. IF THERE IS NOT A MAJORITY PROTEST OF PROPERTY OWNER(S) WITHIN THE CSA, ADOPT RESOLUTION ESTABLISHING THE CSA AND DIRECT THE AUDITOR-CONTROLLER TO PLACE THE CHARGES ON THE 1997-98 AND FUTURE TAX BILLS, AND AUTHORIZE THE CHAIR TO SIGN. (1470) (FROM 7-8-97) MOTION: HAVING DETERMINED THAT THERE IS NOT A MAJORITY PROTEST OF PROPERTY OWNER(S) WITHIN THE CSA, I MOVE TO ADOPT RESOLUTION 97-117 ESTABLISHING COUNTY SERVICE AREA 169 (PHEASANT LANDING SUBDIVISION), AND RESOLUTION 97-118 IMPOSING NEW PER PARCEL CHARGES IN THE AMOUNT OF $11, 616 FOR FISCAL YEAR 1997-98 (ONE PARCEL) AND $1,069 FOR FUTURE YEARS (MULTIPLE PARCELS) AND AUTHORIZE THE CHAIR TO SIGN. M S VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) Page 321 August 26, 1997 August 26, 1997 97-269 Continued hearing - 1997-98 Butte County Final Budget - action requested - CLOSE HEARING AND SET TUESDAY, SEPTEMBER 16, 1997 FOR ADOPTION OF THE FINAL BUDGET FOR FISCAL YEAR 1997-98. (FROM 8-14-96) (1760) (**00) SPECIAL NOTE: Persons wishing to offer testimony for Board of Supervisors consideration during the final budget public hearing should take note of California Government Code Section 29088 which : ~~~ August 26, 1997 97-270 Tire storage facility, Custer Lane, Oroville area - Daniel V. Blackstock writes requesting review of the Director-Development Services' decision that a use permit is required for a waste tire storage facility on Custer Lane - action requested - DECIDE QUESTION INVOLVING THE INTERPRETATION OR APPLICATION OF BUTTE COUNTY CODE SECTION 29-175 PURSUANT TO THE AUTHORITY OF BUTTE COUNTY CODE SECTION 24-20(d.) (903) MOTION: PURSUANT TO BUTTE COUNTY CODE SECTION 24-20(d), I MOVE THAT THE BOARD UPHOLD THE DIRECTOR OF DEVELOPMENT SERVICES' DECISION THAT A USE PERMIT IS REQUIRED FOR A WASTE TIRE STORAGE FACILITY ON CUSTER LANE. M S VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) 97-271 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.) (2964) (NONE) 97-272 Closed Session. (NONE) Communications 97-273 Communications received and referred. (COPIES OF ALL COMMUNICATIONS ARE AVAILABLE IN THE CLERK OF THE BOARD OFFICE.) A. Kevin M. Russell, Oroville - writes to the Board regarding his desire to cover an existing motor home pad on his residence property at 131 Kokanee. (REFER TO DIRECTOR-DEVELOPMENT SERVICES AND DIRECTOR-PUBLIC WORKS FOR RECOMMENDATION) B. Naser J. Bateni, Chief, Northern District, California Department of Water Resources - as required by Section 4275 of the California Water Code, submits statements of costs for water master service in the Butte Creek service area in Butte County for the 1997-98 fiscal year. (REFER TO AUDITOR-CONTROLLER, ASSESSOR, AND TREASURER-TAX COLLECTOR) C. K. Maurice Johannessen, Senator, Fourth Senatorial District - thanks the Board for all its hard work by helping to heighten public awareness on the Department of Water Resources' (DWR) plan to transfer 400,000 acre-feet of water from the north state. As a result, seven more concerns (in addition to the original "19 points") were brought to his attention. Senator Johannessen requests that if the Board has any comments about these additional seven concerns, or have further thoughts about the entire Draft Environmental Impact Report, to please let him know. (REFER TO AGRICULTURAL COMMISSIONER/WATER DIVISION, COUNTY COUNSEL AND CHIEF ADMINISTRATIVE OFFICER} Page 323 August 26, 1997 August 26, 1997 ADJOURNMENT: ATTEST: JOHN S. BLACKLOCK Chief Administrative Officer and erk of th oard of Supervisors By: Page 324 August 26,1997 There being no further business before the Board, the meeting was adjourned at 12:38 p.m. to reconvene on Tuesday, September 16, 1997 at 9:00 a.m.