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M011288
January 7,,, 2 , 1988 Call to order - Board of Supervisors room, County Administration Building, 25 County Center Drive, Oronille. Present: Supervisors Dolan. Fulton. McLaughlin, Vercruse and Chairman Mclnturf. Martin J. Nichols, chief administrative officer; Susan Roff, county counsel; and Carol Roach, deputy clerk of the Board. Pledge of allegiance to the Flag of the United States of America. $8-22 Introduction of Carol Roach, deputy clerk of the Board. 88-23 Items removed from the Consent Agenda far Board consideration and action. 1. Salary ordinance amendment adding one deputy district attorney position to the District Attorney criminal allocation to be paid far by funds from the Butte Interagency Narcotic Task Force - action requested - WAIVS THE FIRST READING OF THS ORDINANCE. 2. Advance step merit increases - the District Attorney requests Board authorization in accordance w].th PBr$Onnel Rules Sectinn 12,13 to approve advance step merit increases for Gerald Flanagan, chief deputy district attorney, to Step E of Range 33.5 and Brigha® Jones, deputy district attorney Iv, to Step E of Range 32.5 - action requested - APPROVE ADVANCE STEP MERIT INCREASES. Consent AQeada (&3} 8$-24 1. Budget transfer - actioa requested -- APPROVE BUDGET TRANSFER B- $9. 2. County Library danatioa -- is accordance Frith Government Cnde Sectinn 25355, a donation has been received from Dr, Jay Gibson in the amount of $2,044 far the purchase of memorial books - actioa requested - ACCEPT DONATION AND AUTxORIZS LETTER OF AFPRECIATIQN. Page X98 January 3.2, 19$8 Januar~t 1- 2, 1988 3. County Library donations - in accordance with Government Code Section 25355, donations have been received for Oroville Headquarters Library, $140; Chico Branch, $610.50; and Paradise Branch, $1,044.84 - action requested - ACCEPT DO#ATIONS AND AUTHORIZR LETTERS OF APPRECIATION. 4. Sheriff helicopter donation - Mr. R'illiam Hommert of Red Bluff has offered to donate a used Bell 4? helicopter to the Sheriff's Department to be utilized for spare parts. The helicopter has an appraised value of $25,044 - action requested - ACCEPT DONATION OF HELICOPTER FOR SPARE PARTS AND AUTHORIZE LETTER OF APPRECIATION. 5. Final map - Almond Grove Nest Subdivision - the developer has provided a bond to guarantee construction of improvements and maintenance of facilities far a period of one year starting upon satisfactory completion of construction on the 37 lot subdivision, AP 43-41-18, property located on north side of hest 12th Avenue, approximately 200 feet east of Fern Avenue, Chico area - action requested - APPROVE THE FINAL MAP; ACCI~PT BASEMENTS AS GRANTED IN ITEM C OF THE O~iNER'S CERTIFICATE ON BEHALF OF THE PUBLIC; ACCEPT GRANT IN FEE SIMPLE 'fiTST 12TH AVENUS, RITCHIE CIRCLE, TIFFANY ~iAY AND THE ONE-FOOT NO-ACCESS STRIPS AS OFFERED IN ITEMS A AND B OF THE OiiNER'S CERTIFICATE AND AUTHORIZE THE CHAIRKAN TO SIGN THE SUBDIVISION AGREEMENT. 6. Brian McManus, Oroville -files a claim in the amount of $f0,004 as the result of alleged damages sustained on or about October 18, 1987 while incarcerated in the Butte County Jail - action requested - REJECT CLAIM AND REFER TO COUNTY COUNSEL AND RISK MAHAGE~. 7. Central Stares postage accounting computer - Board authorization is requested to replace a postage accounting computer in the central mailroom at a cast of approximately $1,404. A sufficient budgetary appropriation exists from savings an other fixed assets - action requested - APPROVE ACQUISITION OF FIXED ASSET ITEM. $. Salary ordinance amendment -the ordinance reclassifies a public health nurse position to a senior public health nurse and adds code enforcement officers to the Planning Department and Building Inspection Department as part of the supplemental budget approval - action requested - KAIVE THE SECOND READING AND ADOPT ORDINANCE 2G52. 9. Salary ordinance amendment implementing four per cent salary increase for General, KCB, Law Enforcement General. and Law Enforcement Management and Supervisory Units - action requested - NAIVE THE FIRST READING OF THE ORDINANCE. Page 499 January 12, 1988 Jan~ary 1~ 1988 10. Salary ordinance amendment implementing four per cent salary increase for l4unicipal and Superior Court Judges as set by statute -action requested - WAIYE THR FIRST READING OF THE ORDINANC&, 11. Salary ordinance amendment raising the salary for physical therapist and occupational therapist as recruitment efforts have failed to obtain qualified candidates in utilizing advance step hiring authorization - action requested - WAIYE THE FIRST READING OF THS ORDINANCE. 12. Disadvantaged business enterprise tDBE) program - a resolution has been prepared adopting a disadvantaged business enterprise program for road projects involving federal funds in accordance with Section 106ic) of the Federal Aid Highway Act of 3.987 - actian requested - ADOPT RESOLUTION 88-7 APPROVING THE PROGRAM AND AUTHORIZE THE CHAIRMAN TO SIGN. 13. Plumes County laboratory services agreement -the agreement provides far Butte County to provide laboratory examinations on selected specimens submitted by Plumes County wherein Butte trill be reimbursed for the cost of the service according to a prescribed fee schedule - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CH,AIRI~AN TO SIGN. 14. AIDS education and prevention control project - an agreement has been prepared with the State Department of Health Services which will provide networking and educational resource services to residents and organizations throughout Butte County. The contract is in the amount of $50,000 and covers the period October 1, 1987 through June 30, 1988 - action requested - APPROVR AGREEMENT AND AUTHORIZE THR CHAIRMAN TO SIGN. i5. Older adult materials collection development grant -federal library service grants have been prepared for Chico, Gridley, Oroville and Paradise Branch Libraries in the amount of 55.000 for each library - action requested - AUTHORIZE THE DIRECTOR OF LIBRARIES TO SIGN APPLICATIONS ON BEHALF OF THS COUNTY. MOTION: TO APPROVE THS CONSENT AGENDA. lI S VOTE: l Y 2 Y 3 Y d Y 5 Y (Unanimously carried) ReQttiar Aceada 88-25 Items removed from the Consent Agenda for Board consideration and action, Page 500 January 12, 1988 January 1.2,_ 1988 1. Salary ordinance amendment adding one deputy district attorney position to the District Attorney criminal allocation to be paid for by funds from the Hutte Interagency Narcotic Task Force - actian requested - iiAIVE THE FIRST READING OF THE ORDINANCE. 2. Advaace step merit increases - the District Attorney requests Hoard authorization in accordance Frith Personnel Rules Section 12.13 to approve advance step merit increases far Gerald Flanagan, chief deputy district attorney, to Step E of Range 33.5 and Brigham Jones, deputy district attorney IV, to Step E of Range 32.5 - action requested - APPROVE ADVANCE STEP MERIT TNCREABES. {CONTINUED UNTIL LATER IN THR MEETING.} $8-26 Appointments - commissions and committees. (105} a. Appointments to committee vacancies. MOTION: MOVE TO APPOINT JIM MOLL TO THE OROVILLE CEMETERY DISTRICT. M S VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried} {STAFF DIRECTED TO LOOK INTO THS STATUS OF THE APPOINTMENT OF FRED GREEN TO THE EMERGENCY MEDICAL CARE COMMISSION.} (139} (CHAIRMAN MG INTURF ASKED THAT THOSE PEOPLE WHO CURRENTLY MOLD POSITIONS ON COMMISSIONS/COMMITTEES/HOARDS THAT ARM EXPIRING STAY IN THOSE POSITIONS UNTIL OTHER ASSIGNMENTS ARE MADE WITH THE INTENT THAT THOSE HAPPY WITH THEIR ASSIGNMENTS CONTINUE IN THEN. THOSE WHO ARE NOT HAFFY WITH THEIR ASSIGNMENTS, THE CHAIRMAN WILL ATTEMPT TO MAKE THOSE CHANGES FOR YOU. NOTIFY CHAIRMAN MC INTURF AND HE WILL ATTEMPT TO MAKE THOSE ASSIGNMENTS ON JANUARY 26, 1988.) (160) 88-27 Report from the Government Operations Committee on proposed changes to county land use regulation functions. (MATTER REFERRED TO THE GOVERNMENT OPERATIONS COMMITTEE TO MEET WITH THE DEPARTMENT HEADS INVOLVED AND TO CONTINUE THB MATTER TO JANUARY 25, 1988,} (179? $$-28 Report from the Chico Issues Committee on revisions to the Nitrate Actioa Plaa and a proposal for serving northeast Chico area. (MATTER TAKEN OFF AGENDA.} 88-29 Report fra® Finance Committee on Board of Supervisors travel allo~-ance ordinance. (1450} MOTION: WAIVE THE FIRST READING OF THE ORDINANCE. S M VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried} Page 501 January 12, 1988 January 1_2. 1988 {CONSIDERATION OF THE SRCOND READING AND ADOPTION OF THE ORDINANC$ TO BE PLACED ON THR REGULAR AGENDA FOR JANUARY 25, 1988.) CLOSED SESSION: The Board recessed at 10:07' a.m. to hold a closed session on litigation for the following cases: Reginald Mason v. County of Butte, Case No. 95251; and Glen Oregon v. County of Butte, Case Na. 95241; pursuant to Government Cade Section 54956.9{a}. RECONVENE: The Board reconvened at 11:20 a.m. following a closed session on litigatioa. {NO ANNOUNCEMENTS MADE AT THIS TIME.1 Public Hearinos and Timed Items 88-30 Public hearing - A & Q 8ngineering - on behalf of Lowell Pierce and Jim Black, appeal of Condition No. 7 (Construct full street section on nest 12th Avenue from project boundary to fern Avenue to RS-3-C geometric standard. Minimum structural section to be 2" AC and 8" AB SC 250 prime fog seal and 95$ relative compaction. Submit design to County Department of Public Works for approval. "R" value determinations and other data may be required to support section design.) On tentative subdivision map, AP 43-01-75, 77, 78, 51 lots, property bordered on the west by Southern Pacific Railroad and bordered on the north by nest Lindo Avenue, Chico area. (CONTIN[1SD FOR PUBLIC BEARING ON FEBRUARY 2, 1988 AT 10:30 A,M. (2148} **{00) {DIRECT STAFF TQ PROVIDE MAPS FOR AREA FOUR AND SUPERVISOR DOLAN WILL MSST WITH STAFF AND APPLICANT TO SSS WHSRS CIRCULATION NIGHT BS PROVIDED THAT WOULD SERVE BOTH APPLICANTS AND RESTDSNTS.) 88-31 Public hearing - Webb Homes - on behalf of G. J. and D. A. Heimann and Joyce A. Storz, appeal of Condition No. 4 (Construct one-half street and 12-foot section on Bidwell Avenue to RSW2-~A road standard with vertical curb, gutter-and sidewalks and 2" AC, 8" AB, SC 250 prise. #og seal and 95~ relative compaction. Submit design to County Department of Public Works. "R" value determinations and other data may be required to support section design.}, Condition No. ~.8 EPronide a letter or other documentation from City of Chico stating that they are trilling and able to supply sewer service to the subdivision.}, Condition No. 19 (Place a note on the map that states, "Development of parcels with the subdivision will require connection to a public sanitary sewer."). and Condition No, 21 4Cannect the existing dwelling to public sewer.) on Heimann tentative subdivision map, AP 42-15-15, 25, 27, 28 {portion), 11 lots, property located on the north side of Bidwell Avenue approximately 650 feet east of the north-south portion of Bidwell Avenue, Chico area. 4348} Page 542 January 12, 1988 Jaanar 12L 1988 {CHAIRMAN McTNTURF ABSENT} {CHAIRMAN McINTURF PRESENT) MOTION: OF INTENT TO UPHOLD THE APPEAL AS F'AR AS IT APPLIES TO WIDENING OF T$E STREETS, CURBS, SIDEWALKS AND GUTTERS; BUT REQUIRE AN AGREEMENT T$AT A PRO RATA CONTRIBUTION WOULD BE MADE TOWARD TH8 CONSTRUCTION OF DOUBLE CUL-DE-SACING THE STRMMT. FURTHER, NOT TO WAIVE T$E OTHER CONDITIONS REGARDING SEWAGE. M S VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (U~nanimausly carried} NOTION: COUNTY COUNSEL DIRECTED TO SEND A LETTER TO THE GRANTS DIVISION OF T$E STATE HATER RESOURCES CONTROL BOARD ASKING FOR CLARIFICATION AS TO W$ETHER OR NOT GRANTS PROVISIONS WERE ADHERED TO WITH COPIES TO APPROPRIATE AGENCIES. M S VOTE: l Y a Y 3 Y 4 Y 5 Y (Unanimously carried} RECESS: 1:14 p.m. RECONVENE: 1:35 p.m. (SUPERVISOR DOLAN ABSENT) 88-32 Public hearing -G.D.A. Engineering - on behalf of Larry Whalen, appeal of the Advisory Agency's denial of tentative parcel map {proposed negative declaration regarding environmental impact), AP 25-].6-26, four parcels plus remainder, property located an the west side of Lane Tree Road, appra~imately 1.7 miles north of Cox Lane, Paler®a area. (9d5) {SUPERVISOR DOLAN PRESENT} NOTION: OF INTENT TO UPHOLD THE APPRAL WITH APPROPRIATE FINDINGS TO INCLUDN FLOODWAYS AND BRING THIS MATTER BACK ON JANUARY 25, 1988. M S VOTE: i N 2 N 3 N 4 Y 5 Y (Madan failed} MOTION: TO DENY APPEAL THE AS IT INCONSISTENT WITH THE GENERAL PLAN. S M VOTE: 1 Y 2 Y 3 Y 4 N 5 N fMatian carried) Page 5{33 January 12r 19$8 January 12,x„ 1988 ReQUlar Agenda 88-33 Items removed from the Consent Agenda for Board consideration and action. X146©} 1. Salary ordinance amendment adding one deputy district attorney position to the District Attorney criminal allocation to be paid for by funds from the Butte Interagency Narcotic Task Farce. 2. Advance step merit increases - the District Attorney requests Board authorization in accordance with Personnel Rules Section 12.13 to approve advance step merit increases for Gerald Flanagan, chief deputy district attorney, to Step E of Range 33.5 and Brigham Jones, deputy district attorney IY, to Step 8 o€ Ranger 32.5, MOTION; TO MOPE ITEMS 3.11 AND 3.1'1 FROM CONSENT AGENDA TO REGULAR AGSNI}A ON JANiTARY 26 , 1988. S M YOTB: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried) RECESS: 1:50 p.m. RSCONYENS: 2:05 p.m. (SUPERVISORS DOLAN AND McLAUGHLIN ABSENT) Public Hearins~s and Timed Items 88-34 Public hearing -3.987-1988 Community Development Block Grant Program - consideration of negative declaration regarding environmental impact tstate) and finding of no significant impact (federal} on the Butte County Economic Development Corporation incubator facilities funding as part of the CDBG program. 11483} MOTION: A. FIND TART THE REQUIREMENTS OF CSQA AND NEPA HAVE BEEN COMPhETED AND CONSIDERED AND ADOPT A NEGATIVE DECLARATION WITH CONDITIONS 1 THROUGH 11 A5 SET FORTH IN PLANNING DEPARTMENT MEMORANDUM DATED DECEMBER 30, 1987 AND A FINDING OF NO SIGNIFICANT IMPACT; B. FIND THAT OPERATION OF THE INCUBATOR IS COMPATIBLE WITH TgE GENERAL Pi,AN AND WILL BENEFIT NEW START UP BUSINESSES AND THE ECONOMY OF BUTTS COUNTY IN GENERAL; C. DIRECT 5TAFF TO INITIATE CONSULTATION WITS THE STATE OFFICE OF HISTORIC PRESERVATION AS REQUIRED BY 106 OF THE NATIONAL HISTORIC PRESERVATION ACT; AND Page 504 January 12, 1988 Januar 3,~,2 3988 D. DIRECT STAFF TO REQUEST RELEASE OF FUNDS FROM THE STATE FOR THE BUSINESS INCUBATOR. MONIES SHALL NOT BE EXPffi~#DED PRIOR TO COMPLETION OF CONSULTATION WITH THS STATE. (3483) S M VOTE: 3 Y 2 AB 3 Y 4 AB 5 Y (Nation carried) Communications $8-35 Communications receirred and referred. (COPIES OF ALL COMMUNICATIONS ARE AVAILABLE IN THE CLERK OF THE BOARD OFFICE.) a. Chico City Westside Far~aers - write requesting re-establishment of their property as the urban side of the greealine :with proper zoning and land use designations. {REFERRED TO DIRECTOR of PLANNING FOR REPORT AND RECOi~ENDATION.) ADJOUitNMENT: There being nothing further before the Board at this time the meeting was adjourned at 2:32 p.m. to reconvene On Tuesday. January 26. ].988 at 9:00 a.m. C airman, Board a Supervisa J~h! 2 6 1983 ~ ATTEST: MARTIN J. NICHOLS, Chief Administrative Officer and C1 rk of the Board Bx : ~A-- Page 505 3aauary 32, 3988