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HomeMy WebLinkAboutM111092~ November 10, 1992 Call to order - Board of Supervisors room, County Administration Building, 25 County Center Drive, Oroville. Supervisors Fulton, Houx, McInturf, McLaughlin and Chair polan present. 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. 92-416 Items removed from the Consent Agenda for Board consideration and action. l. Report to the Board - Elizabeth M. Metzger - denied rezone (item on which an environmental impact report was prepared) on 66.7 acres from A-5 (agricultural - five acre parcels) to SR-1 (suburban residential - one acre parcels), a portion of a 246 +/- acre parcel, property located on the northwest corner of Hanlon Road and Holland Avenue, identified as AP 039-250-030, Durham - action requested - INFORMATION ONLY. 2. Award of bid (18-93) - electronic total station and electronic field book (data collector) for the Public Works Department - bids were opened in the Purchasing Office for the equipment with the low bidder being Engineering Company, Concord, in the amount of $11,820.50, plus tax for a Topcon model GTS-4A electronic total station and a TDS system FS/2 data collector - action requested - AWARD BID. 3. Adoption of an ordinance amending Subsection (a) of Section 41-2 of the Butte County Code regarding warning notices required pertaining to code violations - the amendment would provide that ten day and thirty day warning notices be replaced with a thirty day courtesy notice, followed by a ten day warning notice - action requested - ADOPT ORDINANCE AND AUTHORIZE THE CHAIR TO SIGN. Page 343 November 10, 1992 November 10, 1992 92-416 4. Metcalf & Eddy, Inc. - proposed is an amendment to the agreement for the provision of samplinq, analysis and reporting on the presence of nitrates in the Chico Urban Area utilizing County Service Area 114 funds. The amendment to the original agreement increases the compensation section by $8,800 to cover the additional costs, and extends the term of the contract until December 31, 1992 - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN. 5. National Homecare Systems - amendment no. 2 to the contract for in-home supportive services - the 1991/92 in-home supportive services is due to expire December 31, 1992. This contract is a one year extension of a two year contract that began on January 1, 1990. When this contract was extended for the period January 1, 1992 through December 31, 1992 the State would not allow an increase in hours over the hours allotted in the last year of the contract. National Homecare Systems has agreed to provide services for the period December l, 1992 through December 31, 1992 at the reduced rate of $4.47 per hour. No additional appropriations are required by this amendment - action requested - APPROVE AMENDMENT TO AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. 6. Conflict of Interest Codes - Durham Mosquito Abatement District and Lake Madrone Water District have requested exemption from Government Code Section 87300, requiring the adoption and promulgation of a Conflict of Interest Code. County Counsel has reviewed these requests for exemption and determined that they are proper - action requested - APPROVE REQUESTS FOR EXEMPTION PURSUANT TO REGULATION 18751. 92-417 Consent Aqenda 1. Approval of minutes - action requested - APPROVE MINUTES OF OCTOBER 20, 1992. 2. Budget transfers - action requested - APPROVE BUDGET TRANSFERS B-022 (PROBATION-GENERAL SERVICES), B-023 (NORTH COUNTY MUNICIPAL COURT), B- 026 (RECORDER), B-027 (LIBRARY), B-028 (CSA #87 - KEEFER ROAD/ROCK CREEK DRAINAGE), B-029 (RECORDER) AND B-030 (RECORDER). Page 344 November 10, 1992 November 10. 1992 92-417 3. Fire Department - the Kelly Ridge Volunteer Fire Company would like to donate a 1989 Freightliner truck (model #FLC12064T, vin # 1FUPZXYB6KP370234) to the Butte County Fire Department for use as water tender 64 by the Kelly Ridge Volunteer Fire Company - action requested - ACCEPT DONATION, AUTHORIZE LETTER OF APPRECIATION AND FIRE DEPARTMENT COST SHARE EXPENDITURE OF $25,435.64. 4. Fire Department - the California Department of Forestry and Fire Protection would like to donate three Motorola pagers, model no. H03EA1212A (serial nos. 233AJE1710, 233AJE1704 and 233AJE1704), that are in excess to their needs to the County's Fire Department - action requested - ACCEPT DONATION. 5. Library donation - in accordance with Government Code Section 25355, a donation of $14,738.50 has been received from Chico Friends of the Library for the Butte County Trust Fund for continuing operations - action requested - ACCEPT DONATION, APPROVE APPROPRIATION OF UNANTICIPATED REVENUE FOR LIBRARY SALARIES AND BENEFITS, AND AUTHORIZE A LETTER OF APPRECIATION. 6. County library donations - in accordance with Government Code Section 25355, donations of $1,008.79 from D. Damazo, M.D., Paradise, $226 anonymously, $100 from Ellsworth J. Rowe, Paradise and $100 from Robert L. Dinsmore, Oroville have been received for the Butte County Library Trust Fund for the purchase of books - action requested - ACCEPT DONATIONS AND AUTHORIZE LETTERS OF APPRECIATION. 7. Alcohol and Drug Advisory Council - action requested - APPOINT WILLIAM DAGUE, ISABEL WESSNER, ED FARRELL, DEBORAH WIGELY AND GLORIA HALLEY TO SERVE UNTIL JULY, 1995. 8. County Commission on Aging and Area Agency on Aging - action requested - DESIGNATE THE DIRECTOR- WELFARE OR THE DIRECTOR'S DESIGNEE AS THE BOARD'S APPOINTEE. 9. Drainage District No. 200 - action requested - APPOINT GERALD MATTSON TO SERVE UNTIL NOVEMBER 26, 1993. 10. Maternal Child and Adolescent Health Board - action requested - APPOINT DOROTHY SPICER AND KAREN NORRIS TO SERVE UNTIL MARCH, 1993 AND NOEL BUEHLER TO SERVE UNTIL MARCH, 1994. Page 345 November 10, 1992 November 10, 1992 92-417 11. Report to the Board - General Plan update program and preparation of draft housing element - action requested - INFORMATION ONLY. 12. Oroville Wyandotte Irrigation District - proposed is a property tax exchange agreement for Foothill Blvd. Annexation District No. 5(LAFCo 93-14) - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. 13. County Clerk - Recorder - Board authorization is requested to purchase six ALOS rollfilm ternainal RT 30 microfilm viewers with motorized dual lens capability (20x and 32x) in the estimated amount of $4,290 each, including tax to replace the microfilm viewers located in the lobby of the Recorder's Office. Funding is available from the Recorder's Systems Trust (restricted). Budget transfer B-029 has been prepared for the necessary appropriation - action requested - APPROVE PURCHASE OF FIXED ASSET ITEMS. 14. County Clerk-Recorder - Board authorization is requested to purchase four five drawer steel flat files, and two closed bases in the total amount of $2,173, including tax in order to complete the previously Board approved project to preserve/reproduce County historical landplat maps. Funding is available from the Micrographics Trust Fund (restricted). Budget transfer B-030 has been prepared for the necessary appropriation - action requested - APPROVE PURCHASE ~F FIXED ASSET ITEM. 15. County Clerk-Recorder - Data General MV7800 XP computer upgrade - Board authorization is requested to purchase the Data General Systems Evaluation and Performance Analysis Center (SEPAC) System Management Package and the AOS/VS Systems Management Techniques training programs in the maximum amount of $9,055. Funding is available from the Recorder's Systems Trust Fund (restricted). Budget transfer B-026 has been prepared for the necessary appropriation - action requested - APPROVE THE PURCHASE OF FIXED ASSET ITEMS. 16. North County Municipal Court - Board authorization is requested to purchase two megabytes of additional memory in the amount of $160 for an Everex laptop computer. Budget transfer B-023 has been prepared for the necessary appropriation - action requested - APPROVE PURCHASE OF FIXED ASSET ITEM. Page 346 November 10, 1992 November 10, 1992 92-417 17. Purchasing Office - due to an inadvertent error, the wrong fixed asset items were deleted from the Purchasing Office budget when the final budget was adopted. Because of this, it is requested the Board take corrective action by approvinq a computer ($~,~oo) and a printer ($~,~oo) and deleting the software included in the budget (no funding change) - action requested - APPROVE PURCHASE OF FIXED ASSET ITEMS. 18. Award of bid (22-93) - truck chassis with utility body - the Purchasing Department received and opened bids for a truck chassis with utility body for the Public Works Department. The lowest bid meeting specifications is F. B. Hart Company, Sacramento, in the amount of $35,438 plus tax for a GMC C6H042 - action requested - AWARD BID. 19. Award of bid (28-93) - received for a 1992 used vehicle for the Sheriff's have been evaluated and tl specifications is Gridley $13,496 - action requested price quotations were specialty intermediate Department. The bids ie lowest quote meeting Ford in the amount of - AWARD BID. 20. Award of bid (25-93) - Fire Department - the Purchasing Office received and opened bids for the buildup of a water tender (tank, cabinets and plumbing) to be placed on a 1973 GMC tractor. The lowest bid meeting specifications is Diamond Bilt, Yuba City in the amount of $34,320 - action requested - AWARD BID. 21. Award of bid (26-93) - Fire Department - the Purchasing Office received and opened bids for a 1992 vehicle. The low bid meeting specifications is Folsom Lake Ford, Folsom in the amount of $17,471.03 plus document fees for a Ford Crown Victoria - action requested - AWARD BID. 22. Surplus property auction - the Purchasing Office has prepared a list of County personal property that is broken, worn out or without further use to County departments which is proposed to be sold at an auction to be held on November 21, 1992 - action requested - DECLARE LISTED ITEMS AS SURPLUS TO THE COUNTY AND AUTHORIZE DISPOSAL BY THE PURCHASING OFFICE AT PUBLIC AUCTION. Page 347 Navember 10, 1992 November 10. 1992 92-417 23. Surplus equipment and disposal - a clothes washer (asset no. 18457) and clothes dryer (asset no. 18456) considered beyond repair have been transferred from the Sheriff's Department to Purchasing surplus - action requested - DECLARE ITEMS SURPLUS TO THE COUNTY AND AUTHORIZE DISPOSAL AS SCRAP METAL. 24. 1992-93 County of Butte Final Budget - in accordance with Goverrunent Code Section 29093, the Auditor-Controller submits the 1992-93 final budget - action requested - INFORMATION ONLY. 25. 1991-92 Butte County Law Library Annual Report - in accordance with Business and Professions Code 6350, the Butte County Law Library Board of Trustees submits the 1991-92 annual report - action requested - INFORMATION ONLY. 26. Introduction of an ordinance amending Section 2-13 of Article II of the Butte County Code relative to regular meetings of the Board of Supervisors - pursuant to the proposed ordinance, the regular meetings of the Board of Supervisors shall be held on the second and fourth Tuesday of each month, at 9:00 a.m. - action requested - WAIVE READING OF THE ORDINANCE. 27. Introduction of an ordinance amending Section 1-7 of the Butte County Code entitled "General Penalty; Continuing Violations~~ - the proposed ordinance allows the option of charging various violations of Article I of Chapter 4 of the Butte County Code pertaining to dogs as infractions - action requested - WAIVE READING OF THE ORDINANCE. 28. Introduction of an ordinance establishing speed limits on various County roads - the Department of Public Works has completed traffic studies on various County roads and recommends they be speed zoned as shown in the ordinance - action requested - WAIVE READING OF THE ORDINANCE. 29. Resolution bestowing an outstanding citizenship award - in recognition and appreciation of the meticulous care and voluntary services dedicated by Hugh Wells to the maintenance and upkeep of the Durham Memorial Hall from November 1, 1966 to date - action requested - ADOPT RESOLUTION 92-140 AND AUTHORIZE THE CHAIR TO SIGN. Page 348 November 10, 1992 ~Jovember 10. 1992 92-417 30. Resolution declaring four-way stop at intersection of Palmetto Avenue and Neal Dow Avenue - action requested - ADOPT RESOLUTION 92-141 AND AUTHORIZE THE CHAIR TO SIGN. 31. Notice of completion for reconstruction of Garner Lane Roadway and Bridge, County project no. 61165A- 91-1 - 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 RECORDING OF THE NOTICE OF COMPLETION. 32. 1992/93 animal damage control agreement - the proposed agreement with the U.S.D.A. Animal Damage Control Program in the amount of $66,124 ($26,130 State/Federal, $39,994 County) is an increase in the County share from 50 percent to 60 percent. The agreement provides for one full time trapper available in Butte County, and the sharing of one trapper position with Glenn County - action requested - APPROVE AGREEMENT AND AUTHORIZE THE AGRICULTURAL COMMISSIONER TO SIGN ON BEHALF OF THE COUNTY. 33. Gerald E. Flanagan, attorney at law - the proposed amendment to the agreement for the provision of legal services required by the Welfare Department/Child Protective Services reduces compensation for these services to $11,986 per month (a $17,500 annual reduction in compensation) - action requested - APPROVE AMENDMENT TO AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. 34. County of Butte/Durham Recreation and Park District - proposed is an agreement to lease the Durham Memorial Hall commencing August 1, 1992 through July 30, 1993. The District shall pay to the County monthly lease payments of $25.00 - action requested - APPROVE LEASE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. 35. Butte County Fire Department/Hamilton City Fire Department - the proposed automatic aid agreement provides improved co-operative response to emergencies near Highway 32 and the Glenn County line by allowing the closest resource to respond regardless of jurisdiction at no additional cost to the County - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. Page 349 November 10, 1992 November 10, 1992 92-417 36. Butte County Fire Department/City of Oroville - the proposed automatic aid agreement is an update of the existing agreement to include ladder trucks to commercial building alarm response in the County and fire engine response to all structural alarms in the City. There is no additional cost to the County - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. 37. williamson Properties, Inc. - the proposed lease covers the South Chico Fire Station (Fire Station 44) at 2334 Fair Street commencing July 1, 1992 through June 30, 1993 in the amount of $1,200 per month - action requested - APPROVE LEASE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. 38. Auction agreement - an agreement has been prepared with Tip Holloway & Associates to conduct an auction of County surplus equipment on November 21, 1992 with the commission to be 15 percent on vehicles and large equipment and 25 percent on miscellaneous items - action requested - APPROVE AGREEMENT AND AUTHORIZE THE DIRECTOR-GENERAL SERVICES TO SIGN. 39. Chico Professional Offices - the proposed amendment to the lease agreement for 578 Rio Lindo Avenue, Suite 1, Chico (Adult Services Unit of Alcohol and Drug Services), reduces the monthly lease amount by $127 for the months of December, 1992 through June, 1993 (reducing from $20,347.92 to $19,458.92 the yearly lease amount) to share costs of building improvements made earlier in the year, and correctly reflects Chico Professional Offices as lessor - action requested - APPROVE AMENDMENT TO THE LEASE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. 40. Duerr Evaluation Resources - the proposed agreement is the continuation of a contract to develop and implement intake assessment, referral and service tracking data collection and reporting systems for Alcohol and Drug Services youth services programs, prevention programs and counseling centers. The term of the contract is July 1, 1992 through June 30, 1993 in the maximum amount of $29,998 (federal grant) - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. Page 350 November 10, 1992 ~-. ~--~ November 10. 1992 92-417 41. Private Industry Council - Board of Supervisors approval is requested of the 1992/93 cooperative agreements (two 30 percent cooperative/two 50 percent cooperative) for remedial education services provided by local educational agencies to GAIN clients. Funding is from the Job Training Partnership Division of the Employment Development Department, with matching state funds coming from the State Department of Education - action requested - APPROVE AGREEMENTS AND AUTHORIZE THE CHAIR TO SIGN. 42. Gridley Union High School District - the proposed agreement provides for reimbursement to the County for the continued availability and services of a part time probation officer for participation in the Probation and School Services Program (PASS) commencing July l, 1992 through June 30, 1993 - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL. 43. 1992/93 Master Grant agreement - the proposed agreement with the State Department of Health Services in the amount of $118,305 provides 100 percent State funding for the provision of a variety of AIDS related educational, counseling and testing activities within the County - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. 44. Capital outlay Plan - proposed are amendments to the original plan wherein the State Department of Health Services made available $705,340 in 100 percent State funds (Proposition 99) for capital improvements to clinic facilities and hospitals within Butte County - action requested - APPROVE AMENDMENTS TO CAPITAL OUTLAY PLAN AND AUTHORIZE THE CHAIR TO SIGN. 45. Deferred Compensation Program - the County contract with Sacramento Savings and Loan expires February 1, 1993. The Director-Personnel is requesting authorization to solicit proposals from other financial institutions to make certain that County employees participating in the program are receiving the best available return on their contributions - action requested - GRANT THE DIRECTOR-PERSONNEL AUTHORIZATION TO ISSUE REQUEST FOR PROPOSALS. Page 351 November 10, 1992 November 10. 1992 92-417 46. Memorandum of Understanding (MOU) amendments - Butte County Employees Association (BCEA) - the County and BCEA have agreed to (1) offer the Blue Cross health maintenance organization (HMO) (California Care) in addition to the current Blue Cross preferred provider organization (PPO) program with no increase in the County's contribution to health insurance premiums; (2) a voluntary furlough program; (3) a long term leave of absence program; and (4) changes to the current layoff policy in the areas of layoff notice, sick leave reinstatement, and re-employment rights - action requested - RATIFY THE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN THE MEMORANDUM OF UNDERSTANDING AMENDMENTS . 47. Biennial approval of local agency conflict of interest codes (non-exempt agencies) - the Local Agency Formation Commission (LAFCo), Butte County Law Library, Paradise Cemetery District, Oroville Mosquito Abatement District, Thermalito Irrigation District, Chico Area Recreation and Park District (CARD), Paradise Recreation and Park District, Lime Saddle Community Services District, Lake Oroville Area Public Utility District, Western Canal Water District, Feather River Recreation and Park District, Durham Recreation and Park District, Butte County Mosquito Abatement District and E1 Medio Fire District - action requested - BIENNIAL BOARD APPROVAL OF CONFLICT OF INTEREST CODES. 48. Biennial approval of local agency conflict of interest codes (exempt agencies) - Drainage District No. 1, Drainage District No. 2, Drainage District No. 100, Kimshew Cemetery District, and Pine Creek Cemetery District - action requested - BIENNIAL BOARD APPROVAL OF EXEMPTION FROM FILING REQUIREMENTS. 49. Conflict of Interest Codes - Bangor Cemetery District, Reclamation District 833, Magalia County Water District, and Butte County School Self-Funded Medical Benefits Programs have submitted their Conflict of Interest Codes for Board approval pursuant to Government Code Section 87303. County Counsel has reviewed these codes and determined that they are proper - action requested - APPROVE CONFLICT OF INTEREST CODES AS SUBMITTED. Page 352 November 10, 1992 November 10. 1992 92-417 MOTION: VOTE: I MOVE TO APPROVE THE CONSENT AGENDA WITH THE REMOVAL OF ITEMS 3.11, 3.19, 3.28, 3.36, 3.49 AND 3.54. S M 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) Regular Agenda 92-418 Appointments - commissions and committees. a. Appointments to committee vacancies. (NONE) b. Appointment of nominees where a declaration of candidacy form has not been filed for the November 3, 1992 Consolidated General Election - action requested - MAKE APPOINTMENTS TO RICIiVALE RECREATION AND PARK DISTRICT, AND MAGALIA COUNTY WATER DISTRICT. (NONE) (REFER TO MINUTE ORDER 92- 424) 92-419 Presentation to Hugh Wells, Durham, of a resolution bestowing an outstanding citizenship award. (63) (PRESENTATION TO HUGH WELLS BY SUPERVISOR McLAUGHLIN OF A PLAQUE AND RESOLUTION) 92-420 Memorandum of Understanding providing for the formation and operation of the Butte Basin Water Users Association - action requested - APPROVE MEMORANDUM OF UNDERSTANDING AND AUTHORIZE THE CHAIR TO SIGN. (225) MOTION: I MOVE TO APPROVE THE MEMORANDUM OF UNDERSTANDING AND AUTHORIZE THE CHAIR TO SIGN. S M VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y(Unanimously Carried) 92-421 Report to the Board - obstruction of public roads - action requested - AUTHORIZE DIRECTOR-PUBLIC WORKS TO REQUEST REMOVAL BY RESPONSIBLE PRIVATE PARTY OF GATES OR OTHER OBSTRUCTIONS FROM COX LANE AND ANY OTHER PUBLIC ROADS. IF OBSTRUCTIONS ARE NOT SO REMOVED WITHIN A REASONABLE TIME, DIRECT DIRECTOR-PUBLIC WORKS TO REMOVE THEM. (281) MOTION: I MOVE TO AUTHORIZE THE DIRECTOR-PUBLIC WORKS TO REQUEST REMOVAL BY RESPONSIBLE PRIVATE PARTY OF GATES OR OTHER OBSTRUCTIONS FROM COX LANE AND ANY OTHER PUBLIC ROADS. IF OBSTRUCTIONS ARE NOT SO REMOVED WITHIN A REASONABLE TIME, DIRECT DIRECTOR-PUBLIC WORKS TO REMOVE THEM. M VOTE: 1 2 3 4 5(Motion Dies/Lack of Second) Paqe 353 November 10, 1992 November 10, 1992 92-421 MOTION: I MOVE THAT THE DIRECTOR-PUBLIC WORKS INVESTIGATE THE DIFFERENT GATE LOCATIONS, ANALYZE EACH INDIVIDUAL SITUATION, AND BRING FORWARD ALTERNATIVE RECOMMENDATIONS TO INCLUDE ABANDONMENT, AND UNLOCKED GATES WITH SIGNS POSTED TO INDICATE NO TRESPASSING UNLESS EMERGENCY SITUATIONS EXIST. S M VOTE: 1 N 2 Y 3 Y 4 Y 5 Y(Motion Carried) 92-422 Presentation to Hugh Wells, Durham, of a resolution bestowinq an vutstanding citizenship award. (732) (FURTHER COMMENTS OF APPRECIATION TO HUGH WELIS BY THE COUNTY VETERANS' SERVICE OFFICER, BUD LYON, PAST PRESIDENT OF THE VETERANS' COUNCIL, AND JIM MURPHY, DISTRICT MANAGER OF THE DURHAM RECREATION AND PARK DISTRICT) 92-423 Clean Air and Transportation Improvement Act (CATIA) - a resolution has been prepared accepting applicant status from the Butte County Association of Governments (BCAG) under the Clean Air and Transportation Improvement Act (CATIA) - action requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (910) MOTION: I MOVE TO ADOPT RESOLUTION 92-142 AND AUTHORIZE THE CHAIR TO SIGN. S M VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y(Unanimously Carried) 92-424 Appointments - commissions and committees. a. Appointments to committee vacancies. (NONE) b. Appointment of nominees where a declaration of candidacy form has not been filed for the November 3, 1992 Consolidated General Election - action requested - MAKE APPOINTMENTS TO RICHVALE RECREATION AND PARK DISTRICT, AND MAGALIA COUNTY WATER DISTRICT. MOTION: I MOVE TO APPOINT INCUMBENTS RICHARD KRAUS, LUTHER MANDELL AND DAVID NEIL TO THE MAGALIA COUNTY WATER DISTRICT. S M VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y(Unanimously Carried) Page 354 November 10, 1992 ~ November 10, 1992 92-425 Items removed from the Consent Agenda for Board consideration and action. 1. Report to the Board - Elizabeth M. Metzger - denied rezone (item on which an environmental impact report was prepared) on 66.7 acres from A-5 (agricultural - five acre parcels) to SR-1 (suburban residential - one acre parcels), a portion of a 246 +/- acre parcel, property located on the northwest corner of Hanlon Road and Holland Avenue, identified as AP 039-250-030, Durham - action requested - INFORMATION ONLY. (1027) (BOARD DIRECTION TO COUNTY COUNSEL TO REVIEW THE REZONE APPEAL FEE PROCEDURE) MOTION: I MOVE THAT WE ACCEPT FOR INFORMATION THIS REPORT TO THE BOARD. M S VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y(Unanimously Carried) 2. Award of bid (18-93) - electronic total station and electronic field book (data collector) for the Public Works Department - bids were opened in the Purchasing Office for the equipment with the low bidder being Engineering Company, Concord, in the amount of $11,820.50, plus tax for a Topcon model GTS-4A electronic total station and a TDS system FS/2 data collector - action requested - AWARD BID. (1190) MOTION: I MOVE TO AWARD THE BID. S M VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y(Unanimously Carried) 3. Adoption of an ordinance amending Subsection (a) of Section 41-2 of the Butte County Code regarding warning notices required pertaining to code violations - the amendment would provide that ten day and thirty day warning notices be replaced with a thirty day courtesy notice, followed by a ten day warning notice - action requested - ADOPT ORDINANCE AND AUTHORIZE THE CHAIR TO SIGN. (2168) MOTION: I MOVE TO ADOPT ORDINANCE 3034 AND AUTHORIZE THE CHAIR TO SIGN. M S VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y(Unanimously Carried) (SUPERVISOR HOUX NOT PRESENT) Page 355 November 10, 1992 November 10, 1992 92-425 4. National Homecare Systems - amendment no. 2 to the contract for in-home supportive services - the 1991/92 in-home supportive services is due to expire December 31, 1992. This contract is a one year extension of a two year contract that began on January 1, 1990. When this contract was extended for the period January 1, 1992 through December 31, 1992 the State would not allow an increase in hours over the hours allotted in the last year of the contract. National Homecare Systems has agreed to provide services for the period December 1, 1992 through December 31, 1992 at the reduced rate of $4.47 per hour. No additional appropriations are required by this amendment - action requested - APPROVE AMENDMENT TO AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (2424) MOTION: I MOVE TO APPROVE THE AMENDMENT TO THE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. M S VOTE: 1 Y 2 Y 3 NP 4 Y 5 Y(Unanimously Carried) (SUPERVISOR HOUX PRESENT) 5. Metcalf & Eddy, Inc. - proposed is an amendment to the agreement for the provision of sampling, analysis and reporting on the presence of nitrates in the Chico Urban Area utilizing County Service Area 114 funds. The amendment to the original agreement increases the compensation section by $8,800 to cover the additional costs, and extends the term of the contract until December 31, 1992 - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN. MOTION: I MOVE TO APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN. M S VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y(Unanimously Carried) RECESS: 10:30 A.M. RECONVENE: 10:43 A.M. (SUPERVISOR McINTURF NOT PRESENT) Page 356 November 10, 1992 November 10, 1992 Public Hearings and Timed Items 92-426 Public hearing - Source Reduction and Recycling Element (SRRE) and the Household and Hazardous Waste Element (HHWE) of the Integrated Waste Management Plan - action requested - ADOPT RESOLUTION AND NEGATIVE DECLARATION REGARDING ENVIRONMENTAL IMPACT AND AUTHORIZE THE CHAIR TO SIGN. (2924) (**00) MOTION: I MOVE TO ADOPT RESOLUTION 92-143 AND NEGATIVE DECLARATION REGARDING ENVIRONMENTAL IMPACT AND AUTHORIZE THE CHAIR TO SIGN. S M VOTE: 1 NP 2 Y 3 Y 4 Y 5 Y(Unanimously Carried) 9 2-4 2 7 Publ ic hearing - A& Q Engineering on behal f of Frank and Ann Sisco - consideration of an appeal of condition no. 17 (extend interior street right-of-way to north property line a minimum 20 foot width) on tentative parcel map, AP 06-27-01, four parcels, property located on the north side of Shasta Avenue, 800 feet east of Cussick Avenue, Chico area. (45) (PUBLIC HEARING CLASED) MOTION: I MOVE FOR A MOTION TO INTENT TO UPHOLD THE APPEAL AND REVISE CONDITION NO. 17 TO REQUIRE DEDICATION OF THE DRAINAGE EASEMENT FOR A PUBLIC RIGHT-OF-WAY WITHIN THE S.U.D.A.D. RIGHT-OF-WAY; FENCING OF THE EASEMENT ON THE BACK PROPERTY LINE TO AFFORD SOME PROTECTION TO PROPERTY OWNERS; AND THAT IMPROVEMENTS TO THE RIGHT-OF-WAY RUN CONCURRENTLY WITH DEVELOPMENT OF PROPERTY TO THE NORTH (WEBB DEVELOPMENT . ) S M VOTE: 1 NP 2 Y 3 X 4 Y 5 Y(Unanimously Carried) 92-428 Public hearing - Alvin Anderson - consideration of an appeal of the Development Review Committee's denial of a tentative parcel map (item for which negative declaration with environmental mitigations has been recommended), AP 42-13-19, four parcels, property located on the south side of Oak Way, 900 feet east of Muir Avenue, Chico area - action requested - OPEN HEARING AND CONTINUE OPEN TO TUESDAY, NOVEMBER 17, 1992 AT 11:00 A.M. (876) (PUBLIC HEARING OPENED AND CONTINUED OPEN TO NOVEMBER 17, 1992 AT 11:00 A.M.) Page 357 November 10, 1992 November 10. 1992 Reqular Aqenda 92-429 Items removed from the Consent Agenda for Board consideration and action. 1. Conflict of Interest Codes - Durham Mosquito Abatement District and Lake Madrone Water District have requested exemption from Government Code Section 87300, requiring the adoption and promulgation of a Conflict of Interest Code. County Counsel has reviewed these requests for exemption and determined that they are proper - action requested - APPROVE REQUESTS FOR EXEMPTION PURSUANT TO REGULATION 18751. (933j (NO ACTION TAKEN) 92-430 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.) 1. Jane Davis, Biggs - thanks the Board for the adoption of an ordinance establishing speed limits on various County roads in the unincorporated area. Public Hearincts and Timed Items 92-431 CLOSED SESSION: The Board recessed at 11:40 a.m. to a closed session for the purpose of actual litigation pursuant to Government Code Section 54956.9(a) (Janet Taylor, a workers' compensation matter), meet and confer, and a personnel matter. RECONVENE: The Board reconvened at 12:25 p.m. following a closed session for the purpose of actual litigation pursuant to Government Code Section 54956.9(a) (Janet Taylor, a workers' compensation matter), meet and confer, and a personnel matter. (NO ANNOUNCEMENTS) Page 358 November 10, 1992 November 10, 1992 92-432 Communications Communications received and referred. (COPIES OF ALL COMMUNICATIONS ARE AVAILABLE IN THE CLERK OF THE BOARD OFFICE.) a. Richard C. Robertson, Chair, Area 2 Developmental Disabilities Board - submits to the Board of Supervisors the Area 2 Developmental Disabilities Board's Annual Report for fiscal year 1991-92 - action requested - INFORMATION ONLY. b. M. D. "Pete" Berchdorf, Bangor - submits a letter of resignation, effective immediately, as a Trustee of the Bangor Cemetery District - action requested - ACCEPT RESIGNATION, AUTHORIZE LETTER OF APPRECIATION, AND REFER TO CLERK OF THE BOARD. c. Daniel V. Blackstock, attorney at law - as attorney of record for Dutch Ravine Sportsmen's Club, Inc., and pursuant to Chapter 24 of the Butte County Code, requests Board interpretation of certain uses allowed under the present zoning on his client's property - action requested - REFER TO CHIEF ADMINISTRATIVE OFFICER, COUNTY COUNSEL, AND DIRECTOR-DEVELOPMENT SERVICES. d. Jan Bach, President, Butte County League of Women Voters - September 12, 1992 correspondence to the Board advocated scheduling of Board meetings at various sites throughout the County, and changing some meeting times to the evening or during non- working hours. The Butte County LWV now also suggest that the Board of Supervisors adopt a time limit of five minutes per speaker, and a specific time limit for public input for each item on the agenda to be published with the agenda - action requested - REFER TO CHIEF ADMINISTRATIVE OFFICER. e. Charles G. Allen, President, Thermalito Irrigation District - notifies the Board of Supervisors that their Board of Directors concurs with the Butte County Farm Bureau, and urqes the Board adopt a policy that no groundwater sales or transfers are allowed out of the basin until a hydrological model is completed and a plan is implemented to manage water resources in the basin - action requested - REFER TO CHIEF ADMINISTRATIVE OFFICER AND COUNTY COUNSEL. Page 359 November 10, 1992 November 10, 1992 92-432 f. Jean Langerwerf, Langerwerf Dairy, Inc., Durham - requests withdrawal of their December 14, 1990 notice to withdraw from the Williamson Act on parcels AP 040-140-014 and 040-140-015 - action requested - REFER TO ASSESSOR, DIRECTOR-DEVELOPMENT SERVICES AND CLERK OF THE BOARD. g. Michael McEnespy, Northstar Engineering - writes the Board regarding sanitary sewer facilities for the Rancho Esplanade Mobile Iiome Park - action requested - REFER TO CHIEF ADMINISTRATIVE OFFICER, ENVIRONMENTAL HEALTH, AND DIRECTOR-DEVELOPMENT SERVICES. h. Hedrick B. Light, Superintendent, Thermalito Union School District - writes to express the District's thanks and to acknowledge the speedy and efficient help the District has received from the County's Public Works Department - action requested - REFER TO DIRECTOR-PUBLIC WORKS. ADJOURNMENT: There being no further business before the Board, the meeting was adjourned at 12:25 p.m. to reconvene on Tuesday, November 17, 1992 at 9:00 a.m. ~ANE DO~AN, Chair ~% ~ oard of Supervisors ATTEST: JOHN S. BLACKLOCK Chief Administrative Officer and lerk of t Board of Supervisors ~ f By : .a t~ G~. Page 360 November 10, 1992