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HomeMy WebLinkAboutM101095MINUTESm BOARD OF SUPERVISORS ED McLAUGHLIN, 4th District, Chair VIVIAN MEYER, 1st District JANE DOLAN, 2nd District MARY ANNE HOUR, 3rd District GORDON THOMAS, 5th District October 10. 1995 Call to order -Board of Supervisors room, County Administration Building, 25 County Center Drive, Oroville. Present: Supervisors V. Meyer, Dolan, Houx, Thomas and Chair McLaughlin. John S. Blacklock, Chief Administrative OffiICer; Susan Ivlinasian, County Counsel; and Carol Roach, Assistant Clerk of the Board. Pledge of allegiance to the Flag of the United States of America. Invocation (NONE) 95-292 Consent Agenda Approval of minutes -action requested -APPROVE MINUTES OF SEPTEMBER 12, 1995 AND SEPTEMBER 26, 1995. 2. Budget transfer -action requested -APPROVE BUDGET TRANSFER B- 025 (PROBATION). 3. County Library donations - in accordance with Government Code Section 25355, donations of $1,987 from Oroville Friends of the Library, and $1,360 from Chico Friends of the Library have been received for the Butte County Trust Fund for the purchase of books -action requested -ACCEPT DONATIONS AND AUTHORIZE LETTERS OF APPRECIATION. 4. Chico Branch Library - Soroptimist International of Chico, Inc. has submitted its second check in the amount of $2,860 to allow the Chico Branch of the Butte County Library to be open on Saturdays from 1:00 p.m. to 4:00 p.m. for a period of one year commencing June 10, 1995 -action requested - ACCEPT DONATION AND AUTHORIZE LETTER OF APPRECIATION, AND APPROVE BUDGET TRANSFER B-024 APPROPRIATING UNANTICIPATED REVENUE. Page 293 October 10, 1995 October 10, 1995 95-292 5. Fire Department -the Kelly Ridge Volunteer Fire Company 64 wishes to donate to the County a 1996 International Mode14800 4x4 chassis (vehicle identification no. 1HTSEAAN7TH268269) valued at $57,573.95. With the use of future cost share funds, this vehicle will become the new Rescue 64 vehicle serving Kelly Ridge to the south part of the County -action requested -ACCEPT DONATION AND AUTHORIZE LETTER OF APPRECIATION. 6. Durham Memorial Hall Committee - acxion requested -REAPPOINT HUGH WELLS, JOE JUGUM, FARREL HAMII.TON, JERRY MORRISON, AND JACK COONS TO TERMS TO EXPIRE JUNE 30, 1996. 7. Reclamation District No. 833 -November 7, 1995 General District Election - pursuant to Section 10515 of the California Elections Code, the District requests that the Board consider reappointment of incumbent District directors -action requested -REAPPOINT CHARLES H. JOHNSON, JR. AND WILLIAM B. FIEDLER TO FOUR YEAR TERMS. 8. Conveyance of County property -the Fire Department wishes to return ownership of a 1980 Ford pick up truck {vehicle identification number F37GRHD1000/County no. 390) to Biggs Volunteer Fire Department. The vehicle has been determined to be too costly to repair, and therefore unusable to the County -action requested -AUTHORIZE PUBLICATION OF NOTICE OF INTENTION TO CONVEY COUNTY PROPERTY PURSUANT TO GOVERNMENT CODE SECTIONS 25365 AND 60b 1. 9. Fire Department -Board authorization is requested to purchase a pentium personal computer with peripheral equipment and software in the maximum amount of $5,420.42 using fixed asset funds allocated in 1995-96 for a plotter ($8,580). Purchase of the computer for the Emergency Command Center was approved in 1994/95, but the purchase was not completed -action requested - DELETE PURCHASE OF PLOTTER AND APPROVE PURCHASE OF COMPUTER FROM DEPARTMENT 450-001. 10. Department of Social Welfare, Statewide Automated Welfare System (SAWS) -the department will no longer be using the county mainframe. Purchase of software is required to enable the Welfare Local Area Network (LAN) computer system to run the mainframe program applications and retrieve historical data. Data Processing has determined that Computer Associates, Visual Relia, is the best software to cost effectively make the transition from the mainframe to the LAN at a cost of $2,500 -action requested -APPROVE PURCHASE OF SOFTWARE AND APPROVE BUDGET TRANSFER B-023. Page 294 October 10, 1995 October 10. 1995 95-292 11. Investments Information Report -the Treasurer Tax-Collector submits the August 31, 1995 report in accordance with the County's Statement of Investment Policy dated June 1, 1995 -action requested -ACCEPT FOR INFORMATION. 12. Richardson Springs Community Services District (District~County Service Area (CSA) No. 130(Richardson Springs) -the CSA has been dissolved and the District formed in its place. The District is requesting that the remaining funds paid into the CSA be transferred to the new Community Services District -action requested -ADOPT RESOLUTION 95-133 APPROVING AND AUTHORIZING TRANSFER OF FUNDS AND RELATED INTEREST FROM THE CSA TO THE DISTRICT. 13. North County Municipal Court -Chico and Paradise Branch -applications for discharge from accountability for collection of judicial district fines, assessments or penalties have been submitted pursuant to Government Code Section 25257. Traffic cases will be cleared when the defendant applies for a driver's license or a license renewal, and criminal cases will clear when the defendant is arrested on a warrant of arrest. The court will attempt full collection at that time. Such discharge from accountability does not constitute a release of any person from liability for payment of any amount -action requested -AUTHORIZE ACTION PURSUANT TO GOVERNMENT CODE SECTION 25259. 14. Adoption of a salary ordinance amendment which incorporates a new salary table entitled Section 2. "Hourly and Bi-Weekly Salary Rates" and Section 3. Reference A "Salary Plan for Classified Positions -General Unit Classifications" -action requested -ADOPT ORDINANCE 3216 AND AUTHORIZE THE CHAIR TO SIGN. (FROM 9-26-95) 15. Introduction of a salary ordinance amendment which incorporates a new salary table entitled Section 3, Reference B, "Salary Plan for Classified Positions -General Unit Classifications", and Section 3, Reference C, "Salary Plan for Classified Positions -Law Enforcement Management Unit Classifications" - action requested - WAIVE READING OF THE ORDINANCE. 16. Introduction of a salary ordinance amendment which incorporates a new salary table entitled Section 3, Reference D, "Salary Plan for Classified Positions -Management, Confidential, and Supervisory Unit Classifications" - action requested -WAIVE READING OF THE ORDINANCE. Page 295 Uctolaer 10, 1995 Qctober 10. 1995 95-292 17. Introduction of a salary ordinance amendment which incorporates a new salary table entitled Section 4, Spry Plan for Appointed and Elected cial -action requested -WAIVE READING OF THE ORDINANCE. 18. Introduction of a salary ordinance amendment adding one Probation II/I position to assist the Probation and School Service (PASS) Progam. The position would be fully funded by the Butte County Office of Education - action requested -WAIVE READING OF THE ORDINANCE. 19. Department of Social Welfare: A. Acceptance of second year gant funding to continue the S.S.I. Outreach and Advocacy Program demonstration project in the G.AI.N. Division -action requested -APPROVE SECOND YEAR GRANT FUNDING. B. Introduction of a salary ordinance amendment deleting one 0.5 full time equivalent Office Assistant IJII and adding one full time equivalent Social Worker I/II -action requested -WAIVE READING OF THE ORDINANCE. C. Request approval for purchase of two computers for staff use in tracking client information and preparing documents to assist in qualifying participants for S.S.I. benefits. Computer costs will not exceed $3,500 - action requested - APPROVE BUDGET TRANSFER B-022 AND APPROVE PURCHASE OF COMPUTERS. 20. Federal Surplus Property Program -Eligibility Renewal Application - a form of Resolution has been prepared which authorizes a limited number of County employees (General Services Director, Manager-Facilities, Graphic Communications Officer, Procurement Administrator, Superintendent- Buildings and Grounds, Buyer, Supervising Storekeeper, Road Superintendent, Supervisor Fleet ServiceslStores Operations, Sheriff, Assistant Sheriffs (2), and Emergency Services Officer) to acquire Federal surplus property from the State of California General Services surplus property warehouse -action requested -ADOPT RESOLUTION 95-134. 21. Resolution proclaiming October, 1995 as Domestic Violence Awareness Month - action requested - ADOPT RESOLUTION 95-135 AND AUTHORIZE THE CHA13t TO SIGN. Page 296 October 10, 1995 October 10. 1995 95-292 22. Resolution proclaiming October, 1995 as Breast Cancer Awareness Month in Butte County -action requested -ADOPT RESOLUTION 95-136 AND AUTHORIZE THE CHAIR TO SIGN. 23. Resolution Proclaiming October 23-31, 1995 as Red Ribbon Week -action requested -ADOPT RESOLUTION 95-137 AND AUTHORIZE THE CHAIR TO SIGN. 24. Program Supplemem No. 076 to Local Agency -State agreement for Federal- Aid Projects No. 03-5912 -reimbursement of funds for qualified projects under Local Agency -State Agreement for Federal-Aid Projects No. 03-5912 requires execution of a Program Supplement to the Master Ageement. Program Supplement No. 076 provides $25,826 of Federal funding for emergency repair and restoration at six locations on various Butte County Federal aid system roads -action requested -APPROVE PROGRAM SUPPLEMENT NO. 076, ADOPT RESOLUTION 95-138 AND AUTHORIZE THE CHAIR TO SIGN. 25. Superior and Municipal Court Commissioner -David E. Gunn, Attorney at Law, has been selected as the Court Commissioner for the Butte County Superior and Municipal Courts. An employment contract has been prepared commencing October 2, 1995 and terminating on October 2, 1999 with an annual salary $73,553 -action requested -APPROVE APPOIlVTMENT AND EMPLOYMENT CONTRACT AND AUTHORIZE THE CHAIR TO SIGN. 26. Oroville Elementary School District/County of Butte -proposed is a lease agreement for fire station use of 4795 Foothill Boulevard, Oroville (Wyandotte Park). The term of the agreement is 25 years at a cost of one dollar per year. Kelly Ridge Volunteer Fire Company 64 will provide overall maintenance of the park, raise funds to help construct a station, and will operate equipment out of the new station site -action requested -APPROVE LEASE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. Page 297 October 10, 1995 October 10, 1995 95-292 27. Butte County Emergency Services Operational Area - a report, resolution, and agreement have been prepared to formalize the Butte County Emergency Services Operational Area and recognize the principles of the Standardized Emergency Management System (BEMs) for use during major emergencies or disasters -action requested - 1) ADOPT A RESOLUTION 95-139 ESTABLISHING AN OPERATIONAL AREA TO STANDARDIZE RESPONSE TO EMERGENCIES INVOLVING MULTIPLE JURISDICTIONS AND AUTHORIZE THE CHAIR TO SIGN; 2) APPROVE THE AGREIIvIENT FOR PARTICIPATION IN THE COUNTY OPERATIONAL AREA EMERGENCY MANAGEMENT ORGANIZATION AND AUTHORIZE THE CHAIR TO SIGN; 3) ADOPT THE PRINCIPLES OF THE STANDARDIZED EMERGENCY MANAGEMENT SYSTEM (SEMS); AND 4) DIRECT THE BUTTE COUNTY EMERGENCY SERVICES OFFICE TO ORGANIZE THE BUTTE COUNTY OPERATIONAL AREA EMERGENCY MANAGEMENT ORGANIZATION. 28. USDA Natural Resources Conservation Service Project Agreement -Parrott Phelan Diversion Dam - a project agreement has been prepazed with the U. S. Department of Agriculture Natural Resources Conservation Service covering stream bank protection of the north bank of Butte Creek immediately upstream of the Parrott Phelan Diversion Dam. The agreement is in the amount of $80,900 of which 25% must be a local share. The local share will be paid by the M & T Ranch with Butte County acting only as the sponsor - action requested -APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. 29. Chico Community Hospital -proposed is an agreement for the provision of emergency room services 24 hours a day, seven days a week to provide histories and physical examinations for mental health patients admitted to the County Psychiatric Health Facility. The term of the agreement is July 1, 1995 through June 30, 1996 in the maximum amount of $5,000 (Realignment) - action requested -APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. 30. David S. Kornblum, CPA -under terms of the agreement, contractor will work with Butte County Mental Health and Alcohol and Drug Services to prepare the required Short-Doyle/Medi-Cal and Medicare Cost Reports. The term of the agreement is July 1, 1995 through June 30, 1996 in the maximum amount of $15,000 (Realignment) - action requested - APPROVE CONTRACT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR- CONTROLLER. Page 298 October 10, 1995 October 10, 1995 95-292 31. Oroville Elementary School District -proposed is an amendment to the District's revenue contract to change the rate to allow the County to capture the maximum amount ($10,668) of the contract to cover contract related expenditure costs. There are no other changes to this revenue contract - action requested -APPROVE REVENUE CONTRACT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN. 32. Parent Education Network (PEN) -proposed is an amendment to the fiscal year 1994-95 contract (no. 94-95/19A) to extend the contract term through August 31, 1995, which coincides with the federal fiscal year Center for Substance Abuse Treatment (CSAT) grant funding, and adjusts the funding of the contract to the actual expenditures for fiscal year 1994-95, and then adds the grant monies for the current fiscal year, the end of the grant -action requested - APPROVE AMENDMENT TO AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. 33. Tehama Recovery Center, Inc. (TRC) -proposed is an agreement for the provision of perinatal treatment services which allows infants and small children to accompany their mothers while in treatment. The term of the agreement is July 1, 1995 through June 30, 1996 in the maximum amount of $54,565 (Federal Block Grant/Perinatal) -action requested -APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR- CONTROLLER. 34. State Department of Health Services -under the terms of the proposed amendment to the agreement (no. 89-97893/A06), the County will continue to provide a range of tobacco education services to the community. The amendment extends the contract period through June 30, 199b in the maximum amount of $110,000 (100% State) -action requested -APPROVE AMENDMENT TO AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. 35. 1995-96 Children's Medical Services Child Health and Disability Prevention (CHOP)/California Children Services (CCS) Joint Plan -the purpose of this plan is to summarize the overall program activities that will be accomplished within the CHOP Program and the CCS Program. The current year cost of $600,000 is 100% State funded - action requested - APPROVE SUBMISSION OF THE PLAN TO THE STATE DEPARTMENT OF HEALTH SERVICES AND AUTHORIZE THE CHAIR TO SIGN THE CERTIFICATION STATEMENT. Page 299 October l0, 1995 October 10, 1995 95-292 36. Memorandum of Understanding (MOU) -the Butte County Management Employees Association (MCS Unit) and the County have reached an ageement on a MOU covering the period October 1, 1994 through September 30, 1997 -action requested -RATIFY MEMORANDUM OF UNDERSTANDING AND AUTHORIZE THE CHAIR TO SIGN. 37. Memorandum of Understanding (MOU) -the Butte County Deputy Sheriff s Association -General Unit and the Butte County Deputy Sheriffs Association -Management and Supervisory Unit have reached an agreement on a MOU covering the period October 1, 1994 through September 30, 1997 - action requested - RATIFY MEMORANDUM OF UNDERSTANDING AND AUTHORIZE THE CHAIR TO SIGN. 38. Resolution approving the Public Works Department to carry out transportation enhancement activities (TEA) on the proposed Palermo Road bike and pedestrian path - in order to process the TEA gent application, a resolution stating Public Works' authority to carry out the proposed transportation enhancement project is required -action requested -ADOPT RESOLUTION 95-140 AND AUTHORIZE THE CHAIR TO SIGN. 39. Neal Road Landfill -the Public Works Department seeks to contract with a geomembrane liner service company to service and repair the leachate collection pond's primary liner at the Neal Road Landfill. The work involves locating and repairing a small leak on the primary liner -action requested - AUTHORIZE THE DEPARTMENT OF PUBLIC WORKS TO CONTRACT WITH A GEOMEMBRANE LINER SERVICE COMPANY, ON A TIlVIE AND MATERIALS BASIS, AT A COST NOT TO EXCEED $10,000 (HEAL ROAD LANDFII.L MANAGEMENT FUND) WITHOUT PRIOR APPROVAL FROM PUBLIC WORKS. 40. Chico Chamber of Commerce -Butte County Economic Development Corporation's (EDC) work load has increased to the point where they no longer wish to administer the County-wide tourism program. Proposed is an agreement with the Chico Chamber of Commerce for tourism administrative services under the same terms as EDC. The Transiency Occupancy Tax Review Committee has approved the proposal -action requested -APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR- CONTROLLER. Page 300 October 10, 1995 October 10. 1995 95-292 41. Ventura Automated Collections System (VACS) -The Department of Social Welfare, as part of the State Automated Welfare System (SAWS) will be leaving the county mainframe and needs to establish an accounting system for welfare overpayment tracking and collections. The department recommends that Butte County join the VACS Association, a consortium of 15 counties that have agreed to adopt and operate the VACS program. Funding for the system was approved as part of the 1995-96 final budget -action requested - APPROVE VACS ASSOCIATION BYLAWS AND MOU, APPROVE BUDGET TRANSFER B-021 AND PURCHASE OF FIXED ASSETS. 42. Department of Social Welfare -amendments to existing lease agreements: A. Q Street Ltd. of Davis - 8,728 square feet of office space located at 873 Ivfitchell Avenue in Oroville utilized for G.A.I.N. employment and training programs. Monthly lease payments will be $5,585.92 per month for athree-year period October 1, 1995 through September 30, 1998; B. Harlen, Jones and Scurlock of Oroville - 2,000 square feet of office space located at 2216 and 2218 Fifth Avenue in Oroville utilized for G.AI.N. employment training programs. Monthly lease payments will be $1,320 per month for athree-year period October 1, 1995 through September 30, 1998; C. R & H Leasing of Yuba City - 7,120 square feet of office space located at 1940 Feather River Boulevard, Suites A, B, C, H and I, in Oroville. Monthly lease payments will be $4,628 for one year, October 1, 1995 through September 30, 1996; Action requested - APPROVE AMENDMENTS TO LEASE AGREEMENTS AND AUTHORIZE CHAIR TO SIGN. 43. Grand Jury comments -State law requires a governing body of a public agency to comment to the presiding judge of Superior Court on findings and recommendations pertaining to matters under its control. The Chief Administrative Office has compiled department comments, comments from the Chief Administrative Officer, and draft comments by the Board of Supervisors -action requested -REVIEW DRAFT COMMENTS, ADOPT FINAL COMMENTS, AND FORWARD TO THE PRESIDING JUDGE OF THE BUTTE COUNTY SUPERIOR COURT. Page 301 October 10, 1995 October 10, 1995 95-292 44. Outdoor festivals -consideration of amending the County Code regarding outdoor festivals to: 1. Eliminate the three hour provision from the definition of "outdoor festivals"; 2. Provide for adnunistrative issuance of a license for events which include gatherings of 101 to 499 persons and shorten the application period to 45 days prior to the event; 3. Retain the current review and hearing requirements for events involving 500 or more persons but shorten the application period to 60 days prior to the event; and 4. Specify that only one "outdoor festival" per year may be held on a property. Action requested -DIRECT COUNTY COUNSEL TO PREPARE AN ORDINANCE AMENDING ARTICLE III OF CHAPTER 12 OF THE BUTTE COUNTY CODE AS OUTLINED. MOTION: I MOVE TO APPROVE THE CONSENT AGENDA AS PRESENTED. M S VOTE: l Y 2 Y 3 Y 4 Y S Y (Unanimously Carved) Regular Agenda 95-293 Presentation by Chair McLaughlin, to Louann Metzger, of the County's Mental Health and Alcohol and Drug Services, of Resolution 95-137 Proclaiming October 23-31, 1995 as Red Ribbon Week in Butte County. 95-294 Appointments -commissions and committees. a. Appointments to committee vacancies. {NONE) Page 302 October 10, 1995 October 10. 1995 95-295 Update on Sacramento legislative and budget activities. (REPORT BY JOHN S. BLACKLOCK, CI-IIEF ADMINISTRATIVE OFFICER, ON THE GOVERNOR'S SIGNATURE ON SB 124 [LESLIE], AND IN RECOGNITION OF THE MAJOR EFFORTS BY SENATOR LESLIE, ASSEMBLYMAN BERME RICHTER, SUPERVISOR HOUR AND COUNTY STAFF, AND THE CITIZENS AND ORGANIZATIONS WHO WROTE LETTERS, SENT FAXES, AND MADE PHONE CALLS IN AN OUTPOURING OF SUPPORT AND IN ACKNOWLEDGMENT OF THE IlVIPORTANCE OF THIS BILL TO BUTTE COUNTY.) 95-296 Chico courtfacility -proposed is the use of available space in City of Chico facilities (a former administrative building) for court facilities. The City, through redevelopment funds, will make modifications to the building that will allow it to be used for court, as well as other uses. The Butte County courts are in favor of this proposal. The City is awaiting word from the County as to its interest in such use - action requested -DIRECT STAFF TO PURSUE DISCUSSIONS WITH THE CITY OF CHICO REGARDING COURTROOM USE OF THE OLD CHICO ADMINISTRATIVE BUILDING. (226) MOTION: I MOVE TO DIRECT STAFF TO PURSUE DISCUSSIONS WITH THE C1TY OF CHICO REGARDING COURTROOM USE OF THE OLD CHICO ADMINISTRATIVE BUII,DING. S M VOTE: l Y 2 Y 3 Y 4 Y S Y (Unanimously Carried) Page 303 October 10, 1995 October 10, 1995 95-297 Introduction of an ordinance amending Chapter 23B of the Butte County Code, entitled "Water Wells" from the March 14. 1995 Board of Supervisors' meeting - action requested -WAIVE READING OF THE ORDINANCE. (290) (**00) MOTION: I MOVE THAT WE DIRECT THE ORDINANCE THAT IS LABELED "MARCH 14, 1995" BE BROUGHT BEFORE THIS BOARD ON OCTOBER 24, 1995, WITH THE AMENDMENTS INCLUDED AS SUGGESTED BY THE BUTTE COUNTY WATER COMMISSION (NOTICE REQUIItEMENT, INCREASE OF THE PUMPING CAPACITY FROM 35 TO 50 GALLONS PER MINUTE PER ACRE, AND INCREASE OF THE NOTIFICATION REQUIREMENT FROM 90 DAYS TO 180 DAYS), AND THE TWO SECTIONS (NEW SUBSECTION [5] TO SECTION 23B-SC, EXEMPT WELLS, AT PAGE 10, AND ADD THE FOLLOWING SENTENCE TO THE END OF SECTION 23B-4, "THE HEALTH OFFICER IS AUTHORIZED TO REDUCE THE AMOUNT OF INFORMATION REQUIRED TO BE INCLUDED IN A PERMIT APPLICATION FOR ANY WELL WHICH COMES WITHIN SECTION 23B-Sc") CONTAINED WITHIN THE MAY 23, 1995 LETTER FROM ROGER MASUDA, ATTORNEY AT LAW, TO SUSAN MINASIAN, COUNTY COUNSEL. M S VOTE: l Y 2 Y 3 Y 4 Y S Y (Unanimously Carried) (BOARD DIRECTION TO COUNTY COUNSEL TO BRING A DRAFT WATER TRANSFER ORDINANCE BEFORE THE BOARD ON NOVEMBER 14, 1995 FOR DISCUSSION AND DIRECTION) 95-298 Presentation on the State Water Project "Monterey Agreement." (338) (PRESENTATION BY STEVE MACAULAY, GENERAL MANAGER, STATE WATER CONTRACTORS' ASSOCIATION) (SUPERVISOR HOUX NOT PRESENT) RECESS: 11:25 A.M. RECONVENE: 11:50 A.M. (SUPERVISOR ROUX PRESENT) 95-298 Presentation on the State Water Project "Monterey Agreement." (1305) (PRESENTATION BY DONALD R. LONG, CHIEF, STATE WATER PROJECT ANALYSIS OFFICE) Page 304 October 10, 1995 Qctober 10. 1995 95-299 Tourism Promotion Program -regional tourism associations are sponsored by the State and vary greatly in the services they provide. Butte County is currently a member of the Central Valley Region, which stretches from Chico in the north to Bakersfield in the south. The Transient Occupancy Tax Review Committee is considering ai~Gation with either the Shasta Cascade or the Gold Country regions. The State will allow a brief window of opportunity (September to mid-October} for counties who seek to change regions -action requested -AUTHORIZE THE SUBMITTAL OF A LETTER TO THE STATE DEPARTMENT OF TOURISM ENDORSING THE TRANSIENT OCCUPANCY TAX ADVISORY COMIVIITTEE'S RECOMMENDATION REGARDING AFFILIATION WITH A TOURISM PROMOTION REGION. (1430} MOTION: I MOVE TO AUTHORIZE THE SUBMITTAL OF A LETTER, SIGNED BY THE TREASURER-TAX COLLECTOR ON BEHALF OF THE COUNTY, TO THE STATE DEPARTMENT OF TOURISM ENDORSING THE TRANSIENT OCCUPANCY TAX ADVISORY COMMITTEE'S RECOMMENDATION REGARDING AFFIIIATION WITH A TOURISM PROMOTION REGION. S M VOTE: l Y 2 Y 3 Y 4 Y S Y (Unanimously Carried) Public Hearings and Timed Items 95-301 Public hearing -consideration of a proposed ordinance adding Chapter 31B entitled "Solid Waste Collection in the Chico Urban Area" to the Butte County Code -action requested -ADOPT ORDINANCE AND AUTHORIZE THE CHAIR TO SIGN. (FROM 9-26-95) (1538) MOTION: I MOVE TO ADOPT ORDINANCE 3217 AND AUTHORIZE THE CHAIR TO SIGN. S M VOTE: l Y 2 Y 3 Y 4 Y S Y (Unanimously Carved) Page 305 October 10, 1995 October 10, 1995 Re~,ular Agenda 95-302 Introduction of an ordinance amending Chapter 23B of the Butte County Code, Entitled "Water Wells" from the Sevtember 26, 1995 Board of Supervisors' meeting -action requested -WAIVE READING OF THE ORDINANCE. (1660) MOTION: I MOVE THAT THE ORDINANCE LABELED SEPTEMBER 26. 1995 BE BROUGHT BEFORE THIS BOARD ON ITS AGENDA OF OCTOBER 24, 1995. M S VOTE: l Y 2 Y 3 Y 4 Y S N (Motion Carried) 95-303 Report to Board -bid opening for traffic signal installation at the intersection of Skyway and South Park Drive, County Project No. 51261-92-1 -action requested - AWARD CONTRACT TO LOW RESPONSIBLE BIDDER (2125) MOTION: I MOVE TO AWARD THE CONTRACT TO CLAYBORN CONTRACTING GROUP, INC., AUBURN, IN THE AMOUNT OF 5203,573.00. S M VOTE: l Y 2 Y 3 N 4 Y S Y (Motion Carried) 95-304 Consideration of a petition submitted by R. Harlan Wright, et al. requesting that the Board of Supervisors deternune compliance with A-10 zoning requirements on AP 039-130-023, a five acre plot at Chico River Road and Crouch Avenue, Chico - action requested -BOARD DIRECTION. (FROM 9-26-95) (2260) (***00) MOTION: I MOVE FOR BOARD DIRECTION TO STAFF TO PREPARE POSSIBLE AMENDMENTS TO APPROPRIATE ORDINANCES THAT WOULD ELIIVIINATE A SITUATION LIKE THIS OCCURRING IN THE FUTURE, AND BRING THEM BACK FOR BOARD CONSIDERATION. M S VOTE: I Y 2 Y 3 Y 4 Y S Y (Unanimously Carved) Page 306 October 10, 1995 October 10. 1995 95-305 Proposed exchange of lands in Humboldt, Tehama, Butte and Siskiyou Counties -the Bureau of Land Management is considering a proposal to exchange land pursuant to Section 206 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1716), as amended. The exchange has been proposed by the American Land Conservancy -action requested -APPROVE LETTER TO THE BUREAU OF LAND MANAGEMENT THAT S 5 THE COUNTY'S CONCERNS REGARDING THE PROPOSED EXCHANGE OF LANDS AND AUTHORIZE THE CHAIR TO SIGN. (FROM 9-26-95) (660) MOTION: I MOVE THAT THE REFERENCE IN THE LETTER TO PARCEL 040-520-084 BE CHANGED TO INCLUDE THAT THERE IS HISTORICAL (ADJACENT OWNERS) AND NEW INTEREST (POTENTIAL USE AS A ROD AND GUN CLUB) IN THIS PROPERTY, AND FURTHER RECOMMEND THAT THE ROD AND GUN CLUB'S INTEREST IN THIS PROPERTY BE CONTINGENT UPON OBTAINING A USE PERMIT. S M VOTE: l Y 2 Y 3 Y 4 Y S Y (Unanimously Carved) 95-306 Items removed from the Consent Agenda for Board consideration and action. (NONE) 95-307 Public Comment. (PRESENTATIONS WII.L BE LIlVIITED TO FIVE MINUTES. THE BOARD OF SUPERVISORS IS PROHIBITED BY STATE LAW FROM TAKING ACTION ON ANY ITEM PRESENTID IF IT IS NOT LISTED ON THE AGENDA.) Linda Waddell, President, Butte County Management Employees Association -message of support and appreciation to the Board, to renund the Board that County employees still carrying a heavy workload, and a message of support for the utility users tax. 95-308 Closed session conference with legal counsel for potential litigation pursuant to Government Code Section 54956.9(c) (State Reclamation Board). MOTION: I MOVE THAT THE NEED FOR Il1~11IVVlEDIATE ACTION CAME TO THE COUNTY'S ATTENTION SUBSEQUENT TO POSTING OF THE AGENDA. M S VOTE: l Y 2 Y 3 Y 4 Y S Y (Unanimously Carried) Page 307 October l0, 1995 October 10, 1995 95-309 CLOSED SESSION: The Board recessed at 1:18 p.m. to reconvene at 2:30 p.m. to a closed session conference with legal counsel for actual litigation pursuant to Government Code Section 54956.9(a) (Crisan v. Dolan, et al., Young v. Anderson, et al., Turner v. County ofButte, Superior Court Case No. 112050), potential litigation pursuant to Government Code Section 54956.9(c) (State Reclamation Board), and a public employee performance evaluation pursuant to Government Code Section 54957 (Duector-Development Services). (SUPERVISOR THOMAS NOT PRESENT AT 3:30 P.M.) RECONVENE: The Board reconvened at 4:55 p.m. following a closed session conference with legal counsel for actual litigation pursuant to Government Code Section 54956.9(x) (Crisan v. Dolan, et al., Young v. Anderson, et al., and Turner v. County of Butte, Superior Court Case No. 112050), potential litigation pursuant to Government Code Section 54956.9(c) (State Reclamation Board), and a public employee performance evaluation pursuant to Government Code Section 54957. (NO ANNOUNCEMENTS) Page 308 October 10, 1995 October 10. 1995 95-310 Communications Communications received and referred. (COPIES OF ALL COMMUNICATIONS ARE AVAILABLE IN THE CLERK OF THE BOARD OFFICE.) A. A. R. Schoenfeld, Chairman, Executive Committee, Cussick Area Neighborhood Council -writes urging the County to undertake discussions with the City of Chico about budgeting for engineering studies to produce a precise right of way alignment for the State Highway Route 32 Bypass in the coming fiscal year. (REFER TO DIRECTOR-PUBLIC WORKS AND CHIEF ADMINISTRATIVE OFFICER) B. John Farhar and Courtney Casey, Chico - serve a formal request for recision of a fee request by the Planning staff for the contesting of the Development Review Committee's approval of the John McAmis tentative parcel map, and a revision to the County's appeal procedure to accurately reflect the provision in State law. (REFER TO DIRECTOR-DEVELOPMENT SERVICES) C. Thomas C. Reed, President, Butte County Health Care Coalition -urges the Board to take action on the proposal in Congress which will cut Butte County health care programs by almost $368 million over the next seven years. (REFER TO DIRECTOR-PUBLIC HEALTH) ADJOURNMENT: There being no further business before the Board, the meeting was adjourned at 4:55 p.m. to reconvene on Tuesday, October 24, 1995 at 9:00 a.m. ~~ ED McLAUG ,Chair Board of Supervisors ATTEST: JOHN S. BLACKLOCK, Chief Administrative O$'icer and Clerk of the B(~oard Supervisors By: ~ z ~ U,~_Q., Page 309 October 10, 1995