HomeMy WebLinkAboutM120192~
December l, 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.
92-451 Items removed from the Consent Agenda for Board
consideration and action.
l. Welfare Department - State and Federal final
funding allocations for the Welfare Department's
1992-93 budget exceed the County's budget estimate
by $694,001 and will, among other things, (1)
allow funding of three new positions in Welfare
Administration previously approved by the Board,
(2) allow funding of four GAIN positions not
funded in the final budget, and (3) avoid six
projected layoffs in the Services budget unit. The
three Welfare Administration positions are Support
Services Supervisor, System Administrator, and
Clerk II/I. The four GAIN positions are three
Social Worker II,I and a Social Worker Supervisor
I. The six Services positions are all Social
Worker III. No additional County funds are
required - action requested - ACCEPT UNANTICIPATED
REVENUE, DIRECT THE AUDITOR-CONTROLLER TO PREPARE
THE APPROPRIATE BUDGET TRANSFER, AND AUTHORIZE
FUNDING OF UNFUNDED AND LAYOFF POSITIONS.
2. Resolution making the finding that the State's
Model Water Efficient Landscape Ordinance would not
be a benefit to Butte County, its residents, or the
State - action requested - ADOPT RESOLUTION AND
AUTHORIZE THE CHAIR TO SIGN.
Page 373
December 1, 1992
92-451 December l. 1992
3. Vector Engineering - the proposed agreement relates
to the monitoring and enforcement of all conditions
of approval for Use Permit/Mining and Reclamation
Permit no. 89-6 for Green Rock Quarries - action
requested - APPROVE AGREEMENT AND AUTHORIZE THE
CHAIR TO SIGN.
92-452 Consent Agenda
1. Approval of minutes - action requested - APPROVE
MINUTES OF NOVEMBER 10, 1992 AND NOVEMBER 17, 1992.
2. Budget transfers - action requested - APPROVE
BUDGET TRANSFERS B-33 (SHERIFF-CORONER), B-34
(SUPERIOR COURT), AND B-35 (CAPITAL PROJECTS).
3. Fire Department - the Biggs Volunteer Fire Company
(Company 73) wishes to donate to the County a 1980
Ford utility truck (license no. 2A26212, VIN no.
F37GRDH1000) to use as a rescue squad vehicle in
the Biggs area - action requested - ACCEPT DONATION
AND AUTHORIZE LETTER OF APPRECIATION.
4. County Library donations - in accordance with
Government Code Section 25355, donations of $1,000
from The Robert Raymond Foundation, Inc., Glen
Ridge, New Jersey, $200 from Maynard Nichols,
Oroville, $100 from Ellsworth J. Rowe, Paradise,
and $100 from ARCO Foundation, Division of Atlantic
Richfield Company, Los Angeles (matching funds for
retiree donor Robert L. Dinsmore) have been
received for the Butte County Library Trust Fund
for the purchase of books - action requested -
ACCEPT DONATIONS AND AUTHORIZE LETTERS OF
APPRECIATION.
5. Area II Developmental Disabilities Planning Board -
action requested - REAPPOINT BARBARA PICASO TO A
TERM TO EXPIRE DECEMBER 31, 1995.
6. Butte County Task Force on AIDS - action
requested - APPOINT LAURIE WERMUTH.
Page 374
December l, 1992
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92-452 December l, 1992
7. Report to the Board - Rancho Esquon Partners -
denied general plan amendment (item on which an
environmental impact report has been prepared) to
change the land use designations on 772 acres from
Agricultural Residential and Grazing and Open Land
to approximately 752 acres of Low Density
Residential and 20 acres of Commercial, property
located on the south side of Durham-Dayton Highway,
approximately 2,000 feet west of Highway 99,
identified as AP 040-570-006, portion of -001 and -
002, portion of AP 040-140-066, Durham - action
requested - ACCEPT FOR INFORMATION.
8. Oroville Wyandotte Irrigation District - proposed
is a property tax exchange agreement for Springtime
Trail Annexation District No. 1(LAFCo 93-15) -
action requested - APPROVE AGREEMENT AND AUTHORIZE
THE CHAIR TO SIGN.
9. County Service Area No. 146 (Gibson Subdivision) -
the Local Agency Formation Commission has approved
the formation of the county service area to provide
for street lighting and storm drainage maintenance
pursuant to Government Code Section 25210.14 -
action requested - ADOPT RESOLUTION 92-148 AND
AUTHORIZE THE CHAIR TO SIGN.
10. Sheriff-Coroner - Board authorization is requested
for the purchase of a utility maintenance trailer
from G.C.S., Inc., Sacramento for $4,092.66 from
savings within the 1992-93 fixed asset allocation.
Credit for 80 percent of six months rent has been
applied toward the purchase price - action
requested - APPROVE PURCHASE OF FIXED ASSET ITEM.
11. Personnel Department - Board authorization is
requested to purchase a Krown Research, Inc. memory
printer MP20 telecommunication device for the deaf
(TDD) for hearing impaired applicants/employees in
order to be in compliance with the Americans with
Disabilities Act (A.D.A.). The estimated cost of
$500 is available within existing fixed asset
funds - action requested - APPROVE PURCHASE OF
FIXED ASSET ITEM.
12. Introduction of a salary ordinance increasing the
salary range level from 235 to 252 for the
Substance Abuse Program Coordinator (Mental
Health), from salary range level 98 to 108 for
Supervisor-Micrographics (County Clerk-Recorder),
and from salary range 117 to 127 for Supervisor -
Recordable Documents (County Clerk-Recorder) -
action requested - WAIVE READING OF THE ORDINANCE.
Page 375
December 1, 1992
92-452 December 1, 1992
13. Personnel Department - a resolution has been
prepared authorizing the closure of the Personnel
Department on Thursday, December 24, 1992 between
the hours of 12:00 noon to 5:00 p.m. utilizing the
Voluntary Work Furlough Program (anticipated salary
savings is approximately $420) - action requested -
ADOPT RESOLUTION 92-149 AND AUTHORIZE THE CHAIR TO
SIGN.
14. Resolution proclaiming December 1, 1992 World AIDS
Day and National AIDS Awareness Day - action
requested - ADOPT RESOLUTION 92-150 AND AUTHORIZE
THE CHAIR TO SIGN.
15. Assignment of counsel - County Counsel proposes
assigning Donna Atkinson v. County of Butte to the
law firm of Price, Price, Brown and Halsey - action
requested - APPROVE ASSIGNMENT OF COUNSEL.
16. Bartkiewicz, Kronick and Shanahan agreement -
proposed is the renewal of an agreement to retain
attorney services for a term of one year - action
requested - APPROVE AGREEMENT AND AUTHORIZE THE
CHAIR TO SIGN.
17. State Department of Mental Health - proposed is an
agreement to accept an initial allocation of
$28,573 in continuing Stewart McKinney PATH funds
from a Federal/State program which allows the
Continuing Care Services of the County's Mental
Health Department to provide case management and
representative payee services to clients who are
otherwise at risk of being homeless - action
requested - APPROVE AGREEMENT AND AUTHORIZE THE
CHAIR TO SIGN SUBJECT TO APPROVE OF COUNTY COUNSEL.
18. Enloe Hospital - proposed is the continuation of a
contract for perinatal case management services
(initiated in 1989) to a minimum of ten County
women with drug or alcohol problems. The term of
the contract is July 1, 1992 through June 30, 1993
in the maximum amount of $15,000 (Federal/State) -
action requested - APPROVE AGREEMENT AND AUTHORIZE
THE CHAIR TO SIGN.
19. Medical Eye Services, Inc. (MES) - proposed is an
agreement to continue the County's vision care
program with some minimum changes in reimbursement
levels commencing November 1, 1992 through
October 31, 1993 at a cost of $8.70 per month, per
employee - action requested - APPROVE AGREEMENT AND
AUTHORIZE THE DIRECTOR-PERSONNEL TO SIGN ON BEHALF
OF THE COUNTY.
Page 376
December 1, 1992
92-452
December 1, 1992
20. Certification for the Biggs-West Gridley Water
District special election - the Secretary of the
District submits the certified statement of results
of the November 3, 1992 special election for the
office of one director - action requested - ACCEPT
FOR INFORMATION.
21. Training/orientation for supervisors-elect - the
Butte County Code provides that County general
funds may be used by supervisors-elect for training
and orientation programs upon approval of the Board
of Supervisors - action requested - APPROVE
EXPENSES ASSOCIATED WITH ATTENDANCE BY GORDON
THOMAS AND BOB MEYER AT THE CALIFORNIA STATE
ASSOCIATION OF COUNTIES (CSAC) ANNUAL MEETING.
MOTION: I MOVE TO APPROVE THE CONSENT AGENDA WITH THE
REMOVAL OF ITEMS 3.12, 3.16 AND 3.17.
S M
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y(Unanimously Carried)
Reqular Asenda
92-453 Appointments - commissions and committees.
a. Appointments to committee vacancies.
MOTION: I MOVE TO APPOINT JOE HUGHES TO FILL THE
VACANCY ON THE GRIDLEY-BIGGS CEMETERY
DISTRICT.
M S
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y(Unanimously Carried)
92-454 Presentation by the County Clerk of the certified
statement of vote, official canvass and other related
information regarding the conduct of the November 3, 1992
General Election - action requested - APPROVE
CERTIFICATION OF STATEMENT OF VOTE. (83)
MOTION: I MOVE TO APPROVE
STATEMENT OF VOTE.
S M
VOTE : 1 Y 2 Y 3 Y 4 Y 5 Y
Page 377
THE CERTIFICATION OF
{Unanimously Carried)
December 1, 1992
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92-454 December 1, 1992
a. Ordinance amending the smoking regulations of the
County of Butte by repealing and re-enacting
Article V of Chapter 15 of the Butte County Code
pertaining to the regulation of smoking in enclosed
public places and places of employment - action
requested - DECLARE THAT MAJORITY OF THE VOTERS
VOTING THEREON ON NOVEMBER 3, 1992 VOTED IN FAVOR
OF ADOPTION OF THE ORDINANCE, AND ACKNOWLEDGE
ADOPTION OF ORDINANCE TO BE IN EFFECT AFTER TEN
DAYS (12:01 A.M. ON DECEMBER 12, 1992).
MOTION: I MOVE TO DECLARE THAT THE MAJORITY OF THE
VOTERS VOTING THEREON ON NOVEMBER 3, 1992
VOTED IN FAVOR OF ADOPTION OF THE ORDINANCE,
AND ACKNOWLEDGE ADOPTION OF ORDINANCE 3039 TO
BE IN EFFECT AFTER TEN DAYS (12:01 A.M. ON
DECEMBER 12, 1992).
M S
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y(Unanimously Carried)
92-455 Mary Anne Houx, District 3 Supervisor - swearing into
office by the Hon. Jean Morony. (333) (SWEARING INTO
OFFICE OF MARY ANNE HOUX, DISTRICT 3 SUPERVISOR BY THE
HONORABLE JEAN MORONY, AND PRESENTATION OF HER
CERTIFICATE OF ELECTION)
RECESS: 9:25 A.M.
RECONVENE: 9:32 A.M.
92-456 Department head compensation - action requested:
a. DIRECT CHIEF ADMINISTRATIVE OFFICER TO DEVELOP A
PROPOSED PERFORMANCE BASED COMPENSATION SYSTEM FOR
APPOINTED DEPARTMENT HEADS TO BRING BACK TO THE
BOARD FOR FURTHER CONSIDERATION BY MARCH, 1993; AND
b. WAIVE FIRST READING OF A PROPOSED SALARY ORDINANCE
AMENDMENT TO INCREASE DEPARTMENT HEAD SALARIES BY
FOUR PERCENT EFFECTIVE WITH THE PAY PERIOD
BEGINNING JANUARY 2, 1993. (456)
MOTION: I MOVE TO DIRECT THE CHIEF ADMINISTRATIVE
OFFICER TO DEVELOP A PROPOSED PERFORMANCE
BASED COMPENSATION SYSTEM FOR APPOINTED
DEPARTMENTS HEADS, TO CONSULT WITH THE
MANAGEMENT COUNCIL AND A BOARD COMMITTEE, AND
BRING IT BACK TO THE BOARD FOR FURTHER
CONSIDERATION BY MARCH, 1993.
M S
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y(Unanimously Carried)
Page 378
December 1, 1992
92-456 December l. 1992
MOTION: I MOVE TO WAIVE READING OF THE ORDINANCE.
S M
VOTE: 1 Y 2 Y 3 N 4 N 5 Y (Motion Failed)
(REFER TO MINUTE ORDER 92-465)
Public Hearings and Timed Items
92-457 Public hearing - Stan Blann - consideration of a rezone
(proposed negative declaration regarding environmental
impact) from "U" (unclassified) to A-5 (agricultural,
five acre parcels), property located on the southwest
corner of Palermo Road and Power House Hill Road, AP 025-
310-001, Oroville area. (1431)
MOTION: I MOVE TO (A) FIND THAT THE REQUIREMENTS OF
CEQA HAVE BEEN COMPLETED AND CONSIDERED IN
MAKING THIS DECISION AND ADOPT A NEGATIVE
DECLARATION REGARDING ENVIRONMENTAL IMPACTS;
(B) FIND THAT THE REZONE CONFORMS TO THE
POLICIES, INCLUDING THE TEXT AND MAP OF THE
BUTTE COUNTY GENERAL PLAN BECAUSE IT CONFORMS
TO SURROUNDING ZONING AND ELIMINATES "U"
ZONING; AND {C) ADOPT ORDINANCE 3040 REZONING
TO A-5 THAT PROPERTY IDENTIFIED AS AP 025-310-
001 (STAN BLANN}.
M S
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y(Unanimously Carried)
Regular Agenda
92-458 Closed hearing - A& Q Engineering on behalf 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 feet 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. (1687)
Page 379
December 1, 1992
December 1. 1992
92-458 MOTION: I MOVE TO UPHOLD THE APFEAL AND FIND THAT
PEDESTRIAN AND BICYCLE CIRCULATION IS
NECESSARY BETWEEN THE PROPOSED SUBDIVISIONS TO
THE NORTH OF THIS PROPERTY AND THE PROPOSED
SCHOOL SOUTHWEST OF THIS PROPERTY, AND FINDING
THAT THIS DEVELOPMENT CAN PROVIDE THE
NECESSARY RIGHT-OF-WAY TO MAKE SAID
CIRCULATION POSSIBLE, AMEND CONDITION NO. 17
AS FOLLOWS: DEED TO THE COUNTY OF BUTTE THE
S.U.D.A.D. RIGHT-OF-WAY ALONG THE WESTERLY
PROPERTY LINE FOR FUTURE CONSTRUCTION OF A
FENCED PEDESTRIAN AND BICYCLE PATHWAY IN A
LOCATION THAT WILL ALLOW UNOBSTRUCTED ACCESS
FOR THE COUNTY TO OPERATE AND MAINTAIN THE
S.U.D.A.D. SYSTEM.
S M
VOTE: 1 AB 2 Y 3 Y 4 Y 5 Y(Unanimously Carried)
Public Hearinqs and Timed Items
92-459 Public hearing - Bachman & Associates on behalf of Wylie
Besser - consideration of an appeal of condition no. 11
(construct frontage and access road to the County Road
RS-3-B road standard. Minimum structural section to be
2" AC, 8" AB, SC-250 prime coat, fog seal and 95~
relative compaction. Submit design to County Department
of Public Works for approval and install the required
facilities. "R" value determination and other data may
be required to support section design. Alternatively,
road construction may be in accordance with the standards
set forth in the Northwest Chico Specific Plan if adopted
by the Board of Supervisors prior to map recordation.),
AP 47-34-20, two parcels, property located at the north
end of Elite Drive, approximately 700 feet north of
Keefer Road, Keefer Road area. (1929) (PUBLIC HEARING
CLOSED/APPEAL WITHDRAWN)
Regular Agenda
(SUPERVISOR HOUX NOT PRESENT)
92-460 Greater Chico Urban Area Redevelopment - introduction of
an ordinance (1) authorizing the Chico City Council to
amend the redevelopment survey area; and (2) authorizing
the City of Chico to prepare a redevelopment plan,
subject to further County approval and subject to a
cooperative agreement - action requested - WAIVE
READING OF THE ORDINANCE AND AUTHORIZE THE CHAIR TO SIGN
THE COOPERATIVE AGREEMENT. (1990) (CONTINUED TO
DECEMBER 15, 1992)
(SUPERVISOR HOUX PRESENT)
Page 380 December 1, 1992
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December l, 1992
92-461 Report to the Board - continuing implementation of the
Brown Act - action requested - ACCEPT FOR INFORMATION.
(2390) (**00) (ACCEPTED FOR INFORMATION)
(SUPERVISOR MCLAUGHLIN ANNOUNCED A CONFLICT OF INTEREST
ON THE FOLLOWING BOARD AGENDA ITEM, AND APPEARED AS A
MEMBER OF THE PUBLIC WITH NO PARTICIPATION IN THE
DECISION MAKING PROCESS)
92-462 Request for reimbursement of e~enses incurred for Fair
Political Practices Commission (FPPC) charges dismissed.
(98) (REFERRED TO COUNTY COUNSEL FOR AN OPINION AND
CONTINUED TO DECEMBER 15, 1992)
92-463 Items removed from the Consent Agenda for Board
consideration and action.
1. Welfare Department - State and Federal final
funding allocations for the Welfare Department's
1992-93 budget exceed the County's budget estimate
by $694,001 and will, among other things, (1)
allow funding of three new positions in Welfare
Administration previously approved by the Board,
(2) allow fundinq of four GAIN positions not
funded in the final budget, and {3) avoid six
projected layoffs in the Services budget unit. The
three Welfare Administration positions are Support
Services Supervisor, System Administrator, and
Clerk II/I. The four GAIN positions are three
Social Worker II,I and a Social Worker Supervisor
I. The six Services positions are all Social
Worker III. No additional County funds are
required - action requested - ACCEPT UNANTICIPATED
REVENUE, DIRECT THE AUDITOR-CONTROLLER TO PREPARE
THE APPROPRIATE BUDGET TRANSFER, AND AUTHORIZE
FUNDING OF UNFUNDED AND LAYOFF POSITIONS. (206)
MOTION: I MOVE TO ACCEPT UNANTICIPATED REVENUE, DIRECT
THE AUDITOR-CONTROLLER TO PREPARE THE
APPROPRIATE BUDGET TRANSFER, AND AUTHORIZE
FUNDING OF UNFUNDED AND LAYOFF POSITIONS.
M S
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
2. Resolution making the finding that the State's
Model Water Efficient Landscape Ordinance would not
be a benefit to Butte County, its residents, or the
State - action requested - ADOPT RESOLUTION AND
AUTHORIZE THE CHAIR TO SIGN. (514) (NO ACTION
TAKEN/CONTINUED TO DECEMBER 15, 1992)
Page 381
December 1, 1992
December 1. 1992
92-463 3. Vector Engineering - the proposed agreement relates
to the monitoring and enforcement of all conditions
of approval for Use Permit/Mining and Reclamation
Permit no. 89-6 for Green Rock Quarries - action
requested - APPROVE AGREEMENT AND AUTHORIZE THE
CHAIR TO SIGN. (564)
(SUPERVISOR McINTURF NOT PRESENT/SUPERVISOR McINTURF
PRESENT)
MOTION: I MOVE TO APPROVE THE AGREEMENT AND AUTHORIZE
THE CHAIR TO SIGN.
S M
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y(Unanimously Carried)
92-464 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.) (1041)
l. Mark Niemi, Oroville - building permit has expired
and he needs an extension.
Regular Agenda
92-465 Department head compensation - action requested:
b. WAIVE FIRST READING OF A PROPOSED SALARY ORDINANCE
AMENDMENT TO INCREASE DEPARTMENT HEAD SALARIES BY
FOUR PERCENT EFFECTIVE WITH THE PAY PERIOD
BEGINNING JANUARY 2, 1993. (1112) (CHAIR DOLAN
READ THE PROPOSED SALARY ORDINANCE AMENDMENT)
(SUPERVISOR FULTON NOT PRESENT)
92-466 Communications
Communications received and referred. (COPIES OF ALL
COMMI7NICATIONS ARE AVAILABLE IN THE CLERK OF THE BOARD
OFFICE.)
a. Daniel V. Blackstock, attorney at law - notifies
the Board that he is withdrawing his request for
Board interpretation of certain uses allowed under
the present zoning on Dutch Ravine Sportsmen's
Club, Inc. property - action requested - REFER TO
CHIEF ADMINISTRATIVE OFFICER, COUNTY COUNSEL, AND
DIRECTOR-DEVELOPMENT SERVICES.
Page 382
December 1, 1992
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December 1. 1992
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92-466 b. C. Phillip Kelly, Jr., Paradise - submits his
resignation as the representative of District 5 on
the Butte County Water Commission - action
requested - ACCEPT RESIGNATION; REFER TO CLERK OF
THE BOARD; AND AUTHORIZE LETTER OF APPRECIATION.
c. Charles Warren, Executive Officer, State Lands
Commission - forwards a draft memorandum of
understanding among the Resources Agency,
Department of Parks and Recreation, State Lands
Commission, Department of Fish and Game, Department
of Water Resources, and the Department of Boating
and Waterways for the review and funding of local
greenway plans - action requested - REFER TO CHIEF
ADMINISTRATIVE OFFICER, AND DIRECTOR-DEVELOPMENT
SERVICES.
d. Michael Hoffacker, Executive Director, Sacramento
Area Council of Governments (SACOG) - invites the
Board to participate in a focus group workshop on
Wednesday, December 9, 1992 in Sacramento regarding
the California Transportation Plan. The forum is
being cosponsored by Caltrans, District 3, and
SACOG - action requested - REFER DIRECTOR-
DEVELOPMENT SERVICES.
92-467
CLOSED SESSION: The Board recessed at 11:30 a.m. to
a closed session for the purpose of
actual litigation pursuant to
Government Code Section 54956.9(a)
(Viacom v. County of Butte, and
Sonja Nelson, a workers'
compensation matter).
RECONVENE: The Board reconvened at 12:12 p.m.
following a closed session for the
purpose of actual litigation pursuant to
Government Code Section 54956.9(a)
(Viacom v. County of Butte, and Sonja
Nelson, a workers' compensation matter).
(NO ANNOUNCEMENTS)
Page 383
December 1, 1992
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December 1. 1992
ADJOURNMENT: There being no further business before
the Board, the meeting was adjourned at
12:12 p.m. to reconvene on Tuesday,
December 15, 1992 at 9:00 a.m.
L;1 LVL[il\ ~ ~rJl{111
rd of Supervisors
ATTEST:
JOHN S. BLACKLOCK, Chief Administrative Officer
and C~erk of t~ Board of Supervisors
1 ,i i
BY ~ -~?~ -- . ,. ,~ ~ ~ ;~ it ~ ~
Page 384
December 1, 1992