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HomeMy WebLinkAboutM102693October 26. 1993 Call to order - Board of Supervisors room, County Administration Building, 25 County Center Drive, Oroville. Present: Supervisors Meyer, Dolan, McLaughlin, Thomas and Chair Houx. 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. 93-391 Items removed from the Consent Agenda for Board consideration and action. 1. David S. Kornblum, CPA - proposed is a personal services contract for the preparation of the required Short-Doyle, Medi-Cal and Medicare Cost reports within the time frame set by Federal and State regulations. The contract coa~mences October 1, 1993 through June 30, 1994 in the maximum amount of $15,000 (realignment) - action requested - APPROVE CONTRACT AND AUTHORIZE THE CHAIR TO SIGN. 93-392 Consent Agenda 1. Approval of minutes - action requested - APPROVE MINUTES OF OCTOBER 12, 1993. 2. Budget transfers - action requested - APPROVE B-27 (WATER SERVICES FUND), B-29 (PUBLIC HEALTH), B-30 (APCD), B-31 (LIBRARIES) AND B-32 (MENTAL HEALTH). 3. Everett Johnston - abandonment of a five foot light and air easement and public utility easement lying within the northeast 1/4 of Section 28, T29N, R4E, also being a portion of Lot 60 of Carriage Manor, a planned unit development, identified as AP 036-780- 060, Oroville - action requested - ADOPT RESOLUTION 93-157 SETTING A PUBLIC HEARING FOR TUESDAY, DECEMBER 14, 1993 AT 10:30 A.M. Page 366 October 26, 1993 October 26. 1993 93-392 4. Chico Community Hospital -$3,881.05 in proceeds from the hospital's influenza clinics has been donated to the County's Department of Public Health. These funds will be utilized to extend clinic services offered by the department - action requested - ACCEPT DONATION AND AUTHORIZE LETTER OF APPRECIATION. 5. County Library donation - in accordance with Government Code Section 25355, a donation of $1,300 from Friends of the Library in Oroville has been received for the Butte County Trust Fund for the purchase of books - action requested - ACCEPT DONATION AND AUTHORIZE LETTER OF APPRECIATION. 6. Chico Memorial Hall Committee - action requested - REAPPOINT GEORGE McDONALD, CHUCK WITTEN AND JIM GARD (DELEGATES), HERB HALE, JIM TALBOT AND JEFF JEFFERIES (ALTERNATES), AND APPOINT V. H. VARTABEDIAN AND LES ECHELBERGER (DELEGATES), GRACIE A. O~NEIL AND ART JOHNSON (ALTERNATES) TO SERVE UNTIL JUNE 30, 1994. 7. Oroville Veterans Memorial Hall Committee - action requested - APPOINT PETE BAILY (ALTERNATE) TO SERVE UNTIL JUNE 30, 1994. 8. Surplus equipment - microfilm camera - a surplus planetary microfilm camera (asset no. 14475j has been transferred from the Recorder's Office as well as 1,000 16-35mm combination microfilm jackets and 845 two channel 35mm microfiche jackets - action requested - DECLARE ITEMS SURPLUS AND AUTHORIZE THE PURCHASING AGENT TO SELL THE EQUIPMENT BY SEALED BID. 9. Award of bid 11-94 (one-ton cab and chassis with utility body) - bids have been opened for the purchase of a one-ton cab and chassis with utility body for the Public Works Department. The low bid meeting specifications is Wittmeier Chevrolet/Geo, Chico in the amount of $20,706 (ROAD FUND) - action requested - AWARD BID. 10. Mental Health - Board authorization is requested for the purchase of a vacuum cleaner and dry tool kit in the maximum amount of $1,510 (realignment) for the Psychiatric Inpatient Unit - action requested - APPROVE PURCHASE OF FIXED ASSET ITEM. Page 367 October 26, 1993 99 93-392 11. Skyway Underground Utility District No. 2- as part of the underground utility installation, conduits for control wiring for future traffic signals were installed in the intersection of Skyway and South Park Drive (installation authoriaed 1-12-93). The paving portion of the work has been completed at a cost of $597.50 (road and bridge construction budget) - action requested - AUTHORIZE EXPENDITURE. 12. Investments information report - the Treasurer-Tax Collector submits the September, 1993 report in accordance with Assembly Bill 1073 and the County's investment policy - action requested - ACCEPT FOR INFORMATION. 13. Reissuance of time expired warrant - Peggy J. Bailey - a request has been received for reissuance of a time expired warrant (no. 151343) issued on February 15, 1991 in the amount of $21.75 for juror payment - action requested - AUTHORIZE THE AUDITOR- CONTROLLER TO REISSUE TIME EXPIRED WARRANT. 14. Tri-County Economic Development Corporation - Reservation of Funds Program No. 93-EDBG-245 - proposed is a contract for administration of a $250,000 grant received from the economic development allocation of the State CDBG Program for the Reservation of Funds Program, a revolvinq loan program which may originate local business loans to create or retain jobs - action requested - APPROVE CONTRACT AND AUTHORIZE THE CHAIR TO SIGN. 15. Adoption of a salary ordinance implementing 1993-94 final budget - Butte County Employee's Association - the proposed ordinance implements the five percent salary reduction and 36 hour work week for General Unit employees (with the exclusion of Correctional Officer and Senior Correctional Officer classifications) - action requested - ADOPT ORDINANCE 3100 AND AUTHORIZE THE CHAIR TO SIGN. (FROM 10-12-93) 16. Adoption of an ordinance amendinq Section 20-91 and 20-112 of the Butte County Code regarding the amendment of final subdivision maps and parcel maps - action requested - ADOPT ORDINANCE 3101 AND AUTHORIZE THE CHAIR TO SIGN. (FROM 10-12-93) Page 368 October 26, 1993 October 26, 1993 93-392 17. Resolution exemptinq from property tax all real and personal property with a base year value or full value equal to or less than $2,000 - action requested - ADOPT RESOLUTION 93-158 AND AUTHORIZE THE CHAIR TO SIGN. 18. Resolution designating October, 1993 Arts and Humanities Month in Butte County - action requested - ADOPT RESOLUTION 93-159 AND AUTHORIZE THE CHAIR TO SIGN. 19. Resolution designatinq October 18-23, 1993 as National Business Women's Week - action requested - ADOPT RESOLUTION 93-160 AND AUTHORIZE THE CHAIR TO SIGN. 20. Traffic signal installation at the intersection of Skyway and Coutolenc Road, County contract no. 51261-92-1 - plans and specifications have been completed for the project - action requested - APPROVE PLANS AND SPECIFICATIONS; AUTHORIZE CHAIR AND DIRECTOR TO SIGN PLANS; ADOPT WAGE SCALE; AND SET BID OPENING ON NOVEMBER 17, 1993 AT 11:00 A.M. IN THE PUBLIC WORKS OFFICE. 21. Notice of completion - reconstruction of Meridian Road from 0.75 mile south to 1.25 miles north of Munjar Road, County contract no. 65133-93-1 - all work has been completed in accordance with the plans and specifications - action requested - ACCEPT PROJECT; AUTHORIZE CHAIR TO SIGN NOTICE OF COMPLETION; AND AUTHORIZE FILING OF NOTICE OF COMPLETION. 22. Mediation Center of the North Valley (MCNV} - proposed is an amendment to the agreement providing dispute resolution services extending the agreement to June 30, 1994 - action requested - APPROVE AMENDMENT TO AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. 23. Gerald Flanagan - the proposed amendment to the contract for legal representation of the County of Butte (Department of Welfare/Child Protective Services) represents an annual reduction in compensation of $30,000 - action requested - APPROVE AMENDMENT TO CONTRACT AND AUTHORIZE THE CHAIR TO SIGN. Paqe 369 October 26, 1993 October 26. 1993 93-392 24. Adolescents/Juvenile Justice Grant Program - the State Department of Alcohol and Drug Programs (ADP) - action requested - APPROVE BUTTE COUNTY'S INTENT TO ACCEPT $417,014 FROM THE DEPARTMENT OF ALCOHOL AND DRUG PROGRAMS AS A SUB-RECIPIENT TO IMPLEMENT THE ADOLESCENTS/JUVENILE JUSTICE GRANT PROGRAM. 25. State Department of Health Services (contract no. 91-12413) - proposed is amendment no. A4, which increases the maximum amount payable under this contract during fiscal year 1993-94 (July 1, 1993 through June 30, 1994) to $136,804, and the maximum amount payable under this contact to $330,706 (July 1, 1992 to June 30, 1994) - action requested - APPROVE AMENDMENT TO AGREEMENT AND AUTHORIZE THE CHAIR TO SZGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. 26. State Department of Health Services (contract no. 89-97893) - under the terms of the agreement, the County's Department of Public Health provides a range of tobacco education services to the community. The proposed amendment (no. 04) extends the contract period through December 31, 1994 and also allows for prospective payments to the counties and clarifies languaqe for perinatal activities - action requested - APPROVE AMENDMENT TO AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. 27. Neal Road Landfill - waste tire disposal - pursuant to the California Code of Regulations, waste whole tires are not to be landfilled in a solid waste disposal facility after January 1, 1993. Four bids were received by the Public Works Department for the disposal of approximately 1,000 waste whole tires currently stockpiled at the landfill and for the ongoing service to dispose of additional tires received over the next three to four months - action requested - AUTHORIZE THE DIRECTOR-PUBLIC WORKS TO DIRECT TIREX TIRE DISPOSAL, REDDING TO PROCEED WITIi THE WORK IN ACCORDANCE WITH THE ACCEPTED BID AT A COST NOT TO EXCEED $4,000 (NEAL ROAD LANDFILL MANAGEMENT FUND) WITHOUT PRIOR PUBLIC WORKS DEPARTMENT APPROVAL. Page 370 October 26, 1993 Ct0 93-392 28. Butte County/Trinity County Mental Health - Trinity County Mental Health wishes to contract with Butte County to provide psychiatric health facility bed days for residents of Trinity County who are referred to Butte County for inpatient services. The contract period is July 1, 1993 through June 30, 1994 in the maximum amount of $36,300 - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. MOTION: I MOVE TO APPROVE THE CONSENT AGENDA WITH ITEM 3.20 AMENDED AS FOLIAWS: "..AND SET BID OPENING ON NOVEMBER ,~, 1993 AT I1:00 A.M. IN THE PUBLIC WORKS OFFICE.", AND REMOVAL OF ITEM 3.24. M S VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y(Unanimously Carried) Reqular A,e~da 93-393 Resolution in Support of Proposition 172 - Local Public Safety Protection and Improvement Act of 1993 - action requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (50) MOTION: I MOVE TO ADOPT RESOLUTION 93-161 AND AUTHORIZE THE CHAIR TO SIGN. M S VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) 93-394 Appointments - commissions and committees. (637) a. Appointments to committee vacancies. MOTION: I MOVE TO REAPPOINT BERNARD KNAPP (DISTRICT 5 REPRESENTATIVE), BUTTE COUNTY MOSQUITO AND VECTOR CONTROL DISTRICT, TO A TERM TO EXPIRE DECEMBER 31, 1995. S M VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y(Unanimously Carried) b. California State Association of Counties (CSAC) - action requested - SELECTION OF CSAC BOARD OF DIRECTOR MEMBER FOR 1994. MOTION: I MOVE TO REAPPOINT SUPERVISOR DOLAN AS THE COUNTY'S CALIFORNIA STATE ASSOCIATION OF COUNTIES (CSAC) BOARD OF DIRECTOR MEMBER FOR 1994. S M VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y(Unanimously Carried) Page 371 October 26, 1993 ~-. ,~ ober 26. 1993 93-394 93-395 93-396 c. Appointment of nominees where a declaration of candidacy form has not been filed for the November 2, 1993 Consolidated Special Election - action requested - MAKE APPOINTMENTS TO BERRY CREEIC COMMUNITY SERVICES DISTRICT (THREE POSITIONS OPEN), DRAINAGE DISTRICT #100 (ONE POSITION OPEN), TABLE MOUNTAIN IRRIGATION DISTRICT (ONE POSITION OPEN), AND ROCK CREEK RECLAMATION DISTRICT (TWO POSITIONS OPEN). MOTION: I MOVE TO APPOINT PETER D. PETERSON TO THE ROCK CREEK RECLAMATION DISTRICT BOARD OF TRUSTEES (TERM TO EXPIRE NOVEMBER 28, 1997). S M VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y(Unanimously Carried) Presentation by Dale Wagerman, County Lobbyist - a review of last legislative session and preview of the next legislative session. a. Update on Sacramento legislative and budget activities. (735) (PRESENTATION BY DALE WAGERMAN, COUNTY LOBBYIST) (CHAIR HOUX NOT PRESENT; VICE CHAIR McLAUGHLIN PRESIDING) Greater Chico Urban Area Redevelopment Project Area (GCUARPA): a. Adoption of an ordinance approving the Redevelopment Plan for the Greater Chico Urban Area Redevelopment Pro~ect Area (GCUARPA) as the official Redevelopment Plan for the unincorporated areas of the County described in the Plan - action requested - ADOPT ORDINANCE AND AUTHORIZE THE VICE CHAIR TO SIGN; MOTION I MOVE TO ADOPT ORDINANCE 3102 AND AUTIiORIZE THE VICE CHAIR TO SIGN. M S VOTE: 1 Y 2 Y 3 NP 4 Y 5 Y(Unanimously Carried) b. Administrative Procedure and Policy - action requested - ENDORSE AND SPONSOR THE CREATION OF A JOINT COUNTY/CITY REDEVELOPMENT COMMITTEE; MOTION: I MOVE TO ENDORSE AND SPONSOR THE CREATION OF A JOINT COUNTY/CITY REDEVELOPMENT COMMITTEE. M S VOTE: 1 Y 2 Y 3 NP 4 Y 5 Y(Unanimously Carried) Page 372 October 26, 1993 O 93-396 c. Adoption of a resolution clarifying the intent and powers of the Redevelopment Plan - action requested - ADOPT RESOLUTION AND AUTHORIZE THE VICE CHAIR TO SIGN; AND MOTION: I MOVE TO ADOPT RESOI,IJTION 93-162 AND AUTHORIZE THE VICE CHAIR TO SIGN. S M VOTE: 1 Y 2 Y 3 NP 4 Y 5 Y(Unanimously Carried) d. MOTION OF INTENT AND DIRECTION TO STAFF: 1. TO PREPARE A RESOLUTION FOR PRESENTATION TO THE BOARD AT ITS NEXT SCHEDULED MEETING OF NOVEMBER 9, 1993; 2. THIS RESOLUTION SHALL GENERALLY PROVIDE AS FOLLOWS: (A) THAT THE BOARD RESOLUTION CLARIFYING THE INTENT AND POWERS OF THE REDEVELOPMENT PLAN BE INCORPORATED INTO THE GREATER CHICO AREA REDEVELOPMENT PROJECT AREA REDEVELOPMENT PLAN AS SOON AS PRACTICABLE, BUT IN NO EVENT BEFORE JANUARY 15, 1994; SUBJECT, HOWEVER, TO THE FOLIAWING: (B) THAT THE AMENDMENT CONFORM WITH APPLICABLE COMMUNITY REDEVELOPMENT LAW, GENERALLY, AND, SPECIFICALLY, HEALTH AND SAFETY CODE SECTIONS 33450-33458; AND (C) THAT NO SUCH AMENDMENT BE IMPLEMENTED IF, AS A RESULT, SUCH AMENDMENT WOULD RESULT IN AN ADVERSE FINANCIAL IMPACT TO THE COUNTY OR WOULD OTHERWISE NOT BE IN THE BEST INTEREST OF THE COUNTY. 3. COUNTY STAFF IS DIRECTED TO WORK WITH INTERESTED CITIZENS IN THE DRAFTING OF THE SPECIFIC LANGUAGE OF THE RESOLUTION. (1215) Page 373 October 26, 1993 ~ October 26, 1993 93-396 MOTION: I MOVE FOR A MOTION OF INTENT AND DIRECTION TO STAFF AS FOLLOWS: 1. TO PREPARE A RESOLUTION FOR PRESENTATION TO THE BOARD AT ITS NEXT SCHEDULED MEETING OF NOVEMBER 9, 1993; 2. THIS RESOLUTION SHALL GENERALLY PROVIDE AS FOLLOWS: (A) THAT THE BOARD RESOLUTION CLARIFYING THE INTENT AND POWERS OF TIiE REDEVELOPMENT PLAN BE INCORPORATED INTO THE GREATER CHICO AREA REDEVELOPMENT PROJECT AREA REDEVELOPMENT PLAN AS SOON AS PRACTICABLE, BUT IN NO EVENT BEFORE JANUARY 15, 1994; SUBJECT, HOWEVER, TO THE FOLIAWING: ( B) THAT THE AMENDMENT CONFORM WITH APPLICABLE COIrII~IUNITY REDEVELOPMENT LAW, GENERALLY, AND, SPECIFICALLY, HEALTH AND SAFETY CODE SECTIONS 33450-33458; AND (C) THAT NO SUCH AMENDMENT BE IMPLEMENTED IF, AS A RESULT, SUCH AMENDMENT WOULD RESULT IN AN ADVERSE FINANCIAL IMPACT TO THE COUNTY OR WOULD OTHERWISE NOT BE IN THE BEST INTEREST OF THE COUNTY. 3. COUNTY STAFF IS DIRECTED TO WORK WITH INTERESTED CITIZENS IN THE DRAFTING OF THE SPECIFIC LANGUAGE OF THE RESOLUTION. (1215) S M VOTE: 1 Y 2 Y 3 NP 4 Y 5 Y (Unanimously Carried) (THE BOARD CONII~4ENDED THE COUNTY'S REDEVELOPMENT TEAM OF STARLYN BROWN, ASSISTANT CHIEF ADMINISTRATIVE OFFICER; GREG EINHORN, CHIEF DEPUTY COUNTY COUNSEL; AND CONSULTANTS STEVE HONEYCUTT AND STEVE NORMAN FOR A JOB WELL DONE) RECESS: 9:58 A.M. RECONVENE: 10:07 A.M. Page 374 (CHAIR HOUX PRESENT) October 26, 1993 Public Hearings and Timed Items 93-397 Public hearing - George Domon - consideration of an appeal of the Planninq Commission's denial of a rezone (item on which a neqative declaration regarding environmental impacts has been recommended) from A-l0 (agricultural ten acre parcels) to A-5 {agricultural - five acre parcels) property located on the east side of Butte Creek, north of Garden Road and south of Chico Oroville Highway, AP 040-080-023, 024, 029, 030, 062, 063, and AP 040-100-011, Durham area. (1904) MOTION: I MOVE TO A. NOTE THAT THE REQUIREMENTS OF CEQA HAVE BEEN COMPLETED AND CONSIDERED IN MAKING TFiIS DECISION; B. FIND THAT THE REZONE DOES NOT CONFORM TO THE POLICIES, INCLUDING THE TEXT AND MAP OF THE BUTTE COUNTY GENERAL PLAN, BECAUSE OF LOCAL DESIRES AND THE AGRICULTURAL VIABILTTY OF APPROXIMATELY 90 ACRES OF PRIME AGRICULTURAL SOIL WILL BE SEVERELY IMPACTED AND REDUCED; AND C. DENY THE REZONE FROM A-10 TO A-5 ON AP NOS. 040- 080-023, -024, -029 -030, 040-100-011 AND - 012. S M VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y(Unanimously Carried) 93-398 Public hearing - Ron White - consideration of a rezone (item determined to be a general rule exemption from environmental review) from TM-1 (timber-mountain - one acre parcels) to remove a conditional zoning aqreement on property located on the north side of Wanda Lane at its intersection with Barry Lane, AP 056-280-042, Forest Ranch area. (2900) (**00} Page 375 October 26, 1993 ~ October 26. 1993 93-398 MOTION: I MOVE TO A. FIND THAT: 1. THE PRaPERTY HAS RECEIVED SEVERAL ENVIRONMENTAL EVALUATIONS AND THE REMOVAL OF THE CONDITION AND REPLACEMENT OF IT WITH THE BELOW CONDITION DOES NOT REPRESENT A SIGNIFICANT IMPACT ON THE ENVIRONMENT.; 2. THERE IS NO EVIDENCE BEFORE THE COUNTY THAT THE PROJECT AS REVISED MAY HAVE A SIGNIFICANT EFFECT ON THE ENVIRONMENT.; B. FIND THAT THE ISSUE OF WATER AVAILABILZTY IN THE FOREST RANCH AREA HAS BEEN RESOLVED SINCE THE IMPOSITION OF THE CONDITION IN 1984; C. FIND THAT SMALL PRIVATE WATER SYSTEMS SUPPLYING FOUR OR FEWER PARCEIS WILL NOT ENSURE ADEQUATE AND EFFICIENT WATER SYSTEMS; AND D. ADOPT RESOLUTION 93-163 APPROVING THE DELETION OF CONDITION 2b OF THE CONDITIONAL ZONING AGREEMENT ON AP 056-280-043 (RON WHITE) APPROVED ON OCTOBER 16, 1984, SUBJECT TO ADDING THE FOLIAWING CONDITION: 2b. PRIOR TO RECORDATION OF THE FINAL MAP, TIiE APPLICANT SHALL MEET THE REQUIREMENTS OF THE BUTTE COUNTY ENVIRONMENTAL HEALTH DEPARTMENT REGARDING PROOF OF ADEQUATE DOMESTIC WATER AVAILABILITY. M S VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y(Unanimously Carried) 93-399 Continued hearing - John A. Babcock - abandonment of a right-af-way on Chico Canyon Road from Centennial Avenue westerly, identified as AP Ol1-020-048, Chico - action requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (29) MOTION: I MOVE TO DENY THE ABANDONMENT REQUEST. M S VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y(Unanimously Carried) Page 376 October 26, 1993 October 26. 1993 93-400 Public hearing - pursuant to Section 147(f) of the Internal Revenue Code of 1986 - proposal of the Oroville- Wyandotte Irrigatian District to issue the District~s Sly Creek Power Project 1993 Hydroelectric Refunding Revenue Bonds in an aggregate principal amount not to exceed $11,385,000. A portion of the proceeds of the Bonds is intended to refinance the acquisition, installation, construction, reconstruction, improvement, relocating, equipping or other costs of the Sly Creek Power Project, consisting of one hydraulic turbine and generator installed at the Sly Creek Dam, toqether with related improvements, located at the Lost Creek Reservoir, approximately one and one-half miles northwest of the community of Strawberry Valley, and owned and operated by the District - action requested - ADOPT RESOLUTTON OF APPROVAL FOR OROVILLE WYANDOTTE IRRIGATION DISTRICT TO ISSUE SLY CREEK POWER PROJECT REFINANCING BONDS AND AUTHORIZE THE CHAIR TO SIGN. (268) MOTION: I MOVE TO ADOPT RESOLUTION 93-164 OF APPROVAL FOR OROVILLE WYANDOTTE IRRIGATION DISTRICT TO ISSUE SLY CREEK POWER PROJECT REFINANCING BONDS AND AUTHORIZE THE CHAIR TO SIGN. M S VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y(Unanimously Carried) Reqular Agenda 93-401 Consideration of a request to cross the one foot no access strip along property frontage on Chico Canyon Road (AP 011-020-101 and 011-020-102). (357) MOTION: I MOVE TO GRANT THE REQUEST TO CROSS THE ONE FOOT NO ACCESS STRIP ALONG PROPERTY FRONTAGE ON CHICO CANYON ROAD (AP 011-020-101 AND Oll- 020-102). BOARD DIRECTION THAT IF THE ROAD IS IMPROVED TO THE STANDARD WHERE CURBS, GUTTERS AND SIDEWALKS ARE GOING TO BE NECESSARY IN THE AREA, THE COUNTY MOVE TOWARD HAVING ALL PROPERTY OWNERS PAY THEIR FAIR SHARE AT THE SAME TIME RATHER THAN HAVING THIS ONE PROPERTY WITH CURB, GUTTER AND SIDEWALK FOR 15 TO 20 YEARS. COUNTY COUNSEL TO LOOK INTO THE COUNTY'S OPTIONS, IF ANY, FOR IMPLEMENTING THIS PROVISION. M S VOTE: 1 Y 2 Y 3 Y 4 N 5 Y(Motion Carried) Page 377 October 26, 1993 October 26. 1993 RECESS: 11:12 A.M. RECONVENE: 11:17 A.M. Public Hearings and Timed Items 93-402 Continued hearing - presentation of the General Plan Update Issues and Options Report - action requested - REFER THE ISSUES AND OPTIONS REPORT TO THE PLANNING COMMISSION. (865) (PRESENT: PLANNING COMMISSIONERS BUD FERGUSON (DISTRICT 1), NINA LAMBERT (DISTRICT 2), CHUCK NELSON (DISTRICT 3), AND BOB LYNCH (DISTRICT 4 AND CHAIRMAN OF THE PLANNING COMMISSION) MOTION: I MOVE TO REFER THE ISSUES AND OPTIONS REPORT TO THE PLANNING COMMISSION. S M VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y(Unanimously Carried) Rectular Agenda 93-403 Adoption of an urgency ordinance amending Section 2-1 of the Butte County Code pertaining to County office hours - action requested - ADOPT ORDINANCE AND AUTHORIZE THE CHAIR TO SIGN. (2118) MOTION: I MOVE TO ADOPT ORDINANCE 3103 AND AUTHORIZE THE CHAIR TO SIGN. S M VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y(Unanimously Carried) Public Hearinqs and Timed Items 93-404 1993 California State Fair - County exhibit - presentation by Butte County 4-H all star. (2954) (PRESENTATION TO THE BOARD BY MOLLY MEADE, 1992-93 BUTTE COUNTY 4-H ALL STAR OF THE 1993 CALIFORNIA STATE FAIR SILVER AWARD FOR COUNTIES EXHIBITS, CERTIFICATE OF PARTICIPATION, AND A PICTURE OF THE 1993 BUTTE COUNTY BOOTH) Page 378 October 26, 1993 October 26, 1993 lar Aaenda 93-405 Resolution proclaiminq the week October 23-31, 1993 as Red Ribbon Week in Butte County - action requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. MOTION: I MOVE THAT THIS IS AN URGENCY 2TEM. INFORMATION REGARDING RED RIBBON WEER CAME TO SUPERVISOR MEYER~S ATTENTION AFTER THE AGENDA FOR TODAY'S MEETING HAD BEEN PREPARED. M S VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) MOTION: I MOVE TO ADOPT AUTHORIZE THE CHAIR M VOTE: 1 Y 2 Y 3 Y 4 Y 93-406 Items removed from the Cc consideration and action. RESOLUTION 93-165 AND TO SIGN. S 5 Y (Unanimously Carried) ~nsent Agenda for Board l. David S. Kornblum, CPA - proposed is a personal services contract for the preparation of the required Short-Doyle, Medi-Cal and medicare Cost reports within the time frame set by Federal and State regulations. The contract commences October 1, 1993 through June 30, 1994 in the maximum amount of $15,000 (realignment) - action requested - APPROVE CONTRACT AND AUTHORIZE THE CHAIR TO SIGN. (2687) MOTION: I MOVE TO APPROVE CONTRACT AND AUTHORIZE THE CHAIR TO SIGN. S M VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y(Unanimously Carried) 93-407 Public Comment. (PRESENTATIONS WILL BE LIMITED TO FIVE MINUTES. THE BOARD OF SUPERVISORS IS PROHIBITED BY STATE LAW FROM TAKING ACTZON ON ANY ITEM PRESENTED IF IT IS NOT LISTED ON THE AGENDA.) (2721) (NONE) 93-408 CLOSED SESSION: The Board recessed at 12:10 p.m. to a closed session for potential litigation pursuant to Government Code Section 54956.9(c) (termination of Thomas McCarterj, and a persvnnel matter (grievance) pursuant to Government Code Section 54957. Page 379 October 26, 1993 ~ October 26. 1993 93-408 RECONVENE: The Board reconvened at 12:50 p.m. following a closed session for the purpose of potential litigation pursuant to Government Code Section 54956.9(c) (termination of Thomas McCarter}, and a personnel matter (grievance) pursuant to Government Code Section 54957. (NO ANNOUNCEMENTS) 93-409 Communications Communications received and referred. (COPIES OF ALL COMMUNICATIONS ARE AVAILABLE ZN THE CLERK OF THE BOARD OFFICE.) a. Mike Kelley, President, Butte County Citizens for Fair Government - notifies the Board of their endorsement, and requests the endorsement of the Board, for the creation of a State Grand Jury. (REFER TO CHIEF ADMINISTRATIVE OFFICER AND GRAND JURY ) b. Bruce Sessions, Chico - submits his resignation, effective imnaediately (10-10-93) as the District 5 representative on the County's Planning Commission. (REFER TO CLERK OF THE BOARD) c. State Board of Forestry - Section 11346.8(C) exemption rules [three acre logging exemption/conversions] - based upon testimony and discussion at the October 5, 1993 public hearing, the Board of Forestry directed staff to notice some additional changes to the original rule proposal which will be discussed on November 3, 1993 during its morning agenda. The hearing is closed to public testimony. Written comments on these changes and modifications will be accepted until November 2, 1993 at 5:00 p.m. (REFER TO COUNTY COUNSEL, DIRECTOR-DEVELOPMENT SERVICES, COUNTY FIRE DEPARTMENT, DISTRICT ATTORNEY) d. Will Bishop, Fish and Game Warden, Chico Patrol District - writes to the Board requesting that it consider allowing County Code Enforcement Officers to carry firearms. (REFER TO CHIEF ADMINISTRATIVE OFFICER, DIRECTOR-DEVELOPMENT SERVICES AND DIRECTOR-PERSONNEL) Page 380 October 26, 1993 ~ October 26, 1993 93-409 e. James F. Brinson, District Manager, Durham Recreation and Park District - on behalf of the Board of Directors of the District, submits their sixty day notification to withdraw from the lease aqreement for the Durham Memorial Hall. (REFER TO GENERAL SERVICES DIRECTOR) ADJOURNMENT: There being no further business before the Board, the meeting was adjourned at 12:50 p.m. to reconvene on Tuesday, November 9, 1993 at 9:00 a.m. /. ~1 .~. ~ l ~~ MARY~ANNE HOUX, CHAIR Butte County Board of Supervisors ATTEST: JOHN S. BLACKLOCK, Chief Administrative Officer and~Clerk o he Board of Supervisors ~I By : ~ ~ a.~ l~ Page 381 October 26, 1993