HomeMy WebLinkAboutM012688
January 2~ 1988
Call to order - Board of Supervisors room.
Building, 25 County Center Drive, Oroville.
Dolan, Fulton, McLaughlin and Chairman
Supervisor Vercruse. Martin J. Nichols,
officer; Susan Raff, county counsel; and Ca
of the Board.
County Administration
Present: Supervisors
Mclnturf. Absent:
chief administrative
ral Roach, deputy clerk
Pledge of allegiance to the Flag of the United States of America.
88-35 Items removed from the Consent Agenda for Board consideration and
action:
1. Approval of minutes -action requested - APPROVE MINUTES OF
JANUARY 5, 1988.
2. Budget transfers - action requested - APPROVE BUDGET TRANSFERS
B-84, B-92, B-95, 8-96, B-97 AND B-98.
3. Appoints to Mental Health Advisory Board - action requested -
REAPPOINT JIM AUSTIN, JEAN WOLD, AND APPOINT L. S. CLARK AND
GEORGE FREBANCE TO SERVE UNTIL DECEMBER 31, 1990.
4. Villa Verona (Oroville) area moratorium - the Director of Public
Health is recommending an addition to the original moratorium
area for on-site sewage disposal permits as a result of
inadvertent omission of a strip of land between the moratorium
area and the city limit boundaries of the City of Oroville -
actian requested - ADOPT URGENCY ORDINANCE AMENDING
ORDINANCE 2613 APPROVING A REVISED LEGAL DESCRIPTION FOR THE
VILLA VERONA AREA.
5. Butte County Economic Development Corporation agreement -rural
.renaissance - the agreement, in the amount of $82,000, provides
far economic development services in the county and for
administration of the various rural renaissance activities,
including Paradise central sewer system and Gridley drainage
study. Term of the agreement is from October 1, 1987 to
December 31, 1988 -action requested - APPROVE AGREEMENT AND
AUTHORIZE THE CHRTRMAN TO SIGN SUBJECT TO REVIEW BY COUNTY
COUNSEL AND THE AUDITOR.
Page 1
January 2b, 1988
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January 26~, 1988
6. Agreement to retain attorney services - Jerry M. Kuperstein -
the agreement in the amount of $80 per hour, plus costs and
expenses provides for representing the county in litigation -
actian requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIRMAN
TO SIGN.
88-37 Consent A~c_e_nda (70}
~. Approval of minutes -action requested - APPROVE MINUTES OF
JANUARY 12, 1988.
2. General Assistance donation ~- a donation in the amount of
$59.40 -has been received in meeting the needs of recipients of
General Assistance through the Butte County Department of Social
Services from Betsy Kruger - action requested - ACCEPT DONATION
AND AUTHORIZE LETTER OF APPRECIATION.
3. County Library donation - in accordance with Government Code
Section 25355, donations have been received as follows: $136
from Ella R. Sugar for books, $460 Pram Oroville Friends of the
Library for banks, $1,788 from Chino Friends of the Library.
5136 from DeForest Prichard for books, and $272 from Paul and
Frances Ager for banks - action requested - ACCEPT DONATIONS AND
AUTHORIZE LETTERS OF APPRECIATION.
4. County Library donations - in accordance with Government Code
Section 25355, donations have been received for Oroville
Headquarters Library, $726; Chico Branch Library, 53,388.40; and
Paradise Branch, $409.50 - action requested - ACCEPT DONATIONS
AND AUTHORIZE LETTERS OF APPRECIATION.
5. Appointment to Personnel Appeals Commission - action requested -
APPOINT JIM BUTALA AS A REGULAR MEMBER TO REPLACE LEO BATTLE WHO
HAS RESIGNED.
6. Appointment to Maternal Ghild and Adolescent Health Board -
action requested -APPOINT DR. GEORGE DELAND, PROFESSIONAL
MEMBER, TO SERVE UNTIL MARCH 1, 1990.
7. Report to the Board -David Manthei -proposed negative
declaration with mitigation measures and denied rezone from "U"
(unclassified} to FR-3 (faathili recreational -three acre
parcels} located an Lots 2 and 3 of Richardson Hills
Subdivision, approximately 1/4 mile north of Richardson Springs
Road on the east side of Cohasset Road and the west side of
Panorama Drive, identified as AP 47-23-59, 60, northeast Chico -
action requested - INFORMATION ONLY.
Page 2
January 26. 1988
i.i ti;,y
8. Annual report
Butte County
INFORMATION.
January 26~ 1988
from Director of Planning on the status of the
General Plan -action requested -ACCEPT FOR
9. Coutolenc Canyon Estates - Unit 2 - final map -the developer
has provided a letter of credit to guarantee maintenance of
facilities for a period of one year starting January 8, 1988 on
the four-lot subdivision, AP 58-81-05 and 05, property located
on the east side of Coutolenc Road, 800 feet north of Lucretia
Road, Magalia area - action requested - APPROVE THE FINAL MAP;
ACCEPT EASEMENTS AS GRANTED IN ITEMS A AND B OF THE OWNERS
CERTIFICATE ON BEHALF OF THE PUBLIC; AND AUTHORIZE THE CHAIRMAN
TO SIGN THE SUBDIVISIQN AGREEMENT.
10. Black Oak Vesting Subdivision -final map - the developer has
provided a letter of credit to guarantee construction of
improvements within ane year on the 44-lot subdivision, AP 43-
022-35, property located an the south side of West Linda Avenue,
500 feet east of Holly Avenue, Chico area - action requested -
APPROVE THE FINAL MAP; ACCEPT EASEMENTS AS GRANTED IN ITEMS B, C
AND D OF THE OWNER'S CERTIFICATE ON BEHALF OF THE PUBLIC; ACCEPT
GRANT TN FEE SIMPLE BLACK OAK DRIVE, OAK MILL COURT, VILLA OAK
COURT, SIERRA OARS DRIVE. WEST 12TH AVENUE, WEST LTNDO AVENUE,
AND ONE FOOT NO ACCESS STRIPS AS OFFERED IN ITEM A OF THE
OWNER'S GERTIFTCATE; AND AUTHQRIZE THE CHAIRMAN TO SIGN THE
SUBDIVISION AGREEMENT.
11. Planning Department slide projector -the Hazardous Waste
Advisory Committee is in need of a slide projector to help in
presentations on the Tanner process. Funding is presently
available within the grant funding - action requested - APPROVE
ACQUISITION OF FIXED ASSET ITEM.
12. Public Works equiparent -the department requests Board
authorization to acquire a two and ane-half ton oar lifted jack,
$1,000; a one tan electrically operated hoist for mounting on
the utility bed of a mechanic's truck, $1,300; a stationary drum
rotator, $2,700; drum carrier/slang, $200; and a protective
sandblasting hood and fresh air pump for use by the bridge crew,
52,000. Funding is presently available within the department's
budget -action requested - APPROVE ACQUISITION OF FIXED ASSET
ITEMS.
13. Mental Health software -the department requests Board
authorization to approve RM Cobol software in the amount of
$1,500 which is a necessary component in converting to a new
microcomputer network - action requested - APPROVE ACQUISITION
OF FIXED ASSET.
Page 3
January 25, 1988
January 26 ~ 1988
14. Investments information report - the Treasurer/Tax Collector
submits the December 31, 1987 report in accordance with AB 1073
and the county's investment policy - action requested -ACCEPT
FOR INFORMATION.
15. Gary Lynn McGowan, Oroville - files a claim in the amount of
$49,999,999.99 as a result of alleged injuries and damages
sustained between November 18, 1987 and Decemher 4, 1987 while
incarcerated in the Butte County Jail -action requested -
REJECT CLAIM AND REFER TO COUNTY COUNSEL AND RISK MANAGEMENT.
16. James C. Fleege, Oroville -files a claim in the amount of
$200,000 as the result of alleged injuries and damages sustained
an or about October 21, 1987 while incarcerated in the Butte
County Jail -action requested - REJECT CLAIM AND REFER TO
COUNTY COUNSEL AND RTSR MANAGEMENT.
17. Salary ordinance amendment implementing four percent
salary increase for General, MCS, Law Enforcement General, and
Law Enforcement Management and Supervisory Units - action
requested - WAIVE THE SECOND READING AND ADOPT ORDINANCE 2653
1$. Salary ordinance amendment implementing four percent salary
increase for municipal and superior court judges as set by
statute -action requested - WAIVES THE SECOND READING AND ADOPT
ORDINANCE 2654.
19. 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 - WAIVE THE
SECOND READING AND ADOPT ORDINANCE 2655.
20. National Guard Armory for Homeless - the National Guard requires
that the county sign a new lease agreement every five days for
the use of the Chico armory as a shelter for the homeless. The
Chief Administrative Officer or the Purchasing and Civil
Disaster Officer have signed all previous agreements while the
Meatal Health Director has been the program coordinator - action
requested - AUTHORIZE THE MENTAL HEALTH DIRECTOR TO SIGN LICENSE
AGREEMENTS WITH THE NATIONAL GUARD ON BEHALF OF THE COUNTY.
21. Butte County Economic Development Corporation agreement -
community development blacA grant (incubator facilities) -the
agreement, in the amount of $!3,750 provides far administration
of the grafit and covers the period October 1, 1987 through
December 31, 1989 -action requested - APPROVE AGREEMENT AND
AUTHORIZE THE CHAIRMAN TO SIGN, SUBJECT TO REVIEW BY COUNTY
COUNSEL AND THE AUDITOR.
Page 4
January 26, 1988
January 261, 1988
22. Tri-County Economic Development Corporation agreement -rural
renaissance - the agreement, in the amount of 5100,000, provides
for administration of the revolving loan fund which is money
matched by the Economic Development Administration. Term of the
agreement is October 1, 1987 through June 30, 1991 -action
requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIRMAN TO SIGN
SUBJECT TO REVIEW BY COUNTY COUNSEL AND TAE AUDITOR.
23. Land Conservation Act agreement - agreements have been prepared
with Paul A. Violich, Dorothea Maguire, Robert Kidd, Warren
Moffitt and Leala Wilson for inclusion of property into the Land
Conservation Act -action requested - APPROVE AGREEMENTS AND
AUTHORIZE THE CHAIRMAN TO SIGN SUBJECT TO REVIEW BY COUNTY
COUNSEL AND THE ASSESSOR'S OFFICE.
24. Network Consulting Services contract - the agreement, in the
amount of $14,000, provides for specified professional services
to the Probation Department in accordance with a grant received
from the California Youth Authority. The term of the contract
is from September 1, 1987 through October 30, 1988 -action
requested -APPROVE AGREEMENT AND AUTHORIZE THE CHAIRMAN TO
SIGN.
25. Gridley Unian High School District agreement - an agreement has
been prepared with the district in the amount of $3,429 wherein
the Mental Health Department Alcohol and Drug Services will be
expanding prevention services to the district. Term of the
contract is from September 1, 1987 through June 10, 1988 -
action requested - APPROVE AGREEMENT, AUTHORIZE THE CHAIRMAN TO
SIGN, AND AUTHORIZE APPROPRIATION OF THE MONIES TO THE MENTAL
HEALTH BUDGET.
26. Dennis Hyde contract - the agreement in the amount of $12,000
provides for individual, family ar group counseling services to
Butte County Alcohol and Drug Services covering the period
January 15, 1988 through June 30, 1988 - action requested -
APPROVE CONTRACT AND AUTHORIZE THE CHAIRMAN TO SIGN.
27. Butte College GAIN contract -the contract provides for
development of an employment plan for specified GAIN
participants which will include an assessment of the skills and
needs for the participant. The contract is in the amount of
$175,680 and covers the period July 1, 1987 through June 30,
19$8 -action requested - APPROVE AGREEMENT AND AUTHORIZE THE
CHAIRMAN TO SIGN.
Page 5
January 26, 198$
. ~.
January 2.-6, 1988
28. Employment Development Department GAIN contract - the contract
provides up to 52 job search workshops to be held during the
period July 1, 1987 through June 30, 1988. Contract is in the
amount of $49,649 - action requested -APPROVE CONTRACT AND
AUTHORIZE THE CHAIRMAN TO SIGN.
29. Butte County Office of Education Regional Occupational Program
proposal - a proposal has been prepared for submittal to the
State Department of Education in the amount of $100,000 and will
cover linkages with Butte County Child Protective Services
emphasizing literacy training and job specific skills training -
action requested -APPROVE SUBMISSION OF GRANT PROPOSAL AND
AUTHORIZE THE CHAIRMAN TO SIGN.
30. Employability proposal - a proposal has been
prepared entitled, "Employability; A Learn to Earn Project" far
submittal to the State Department of Education in the amount of
$104,976 and is intended to provide service to 75 handicapped
and 25 high risk youth enrolled in independent study or juvenile
court schools ~ action requested - APPROVE SUBMISSION OF GRANT
PROPOSAL AND AUTHORIZE THE CHAIRMAN TO SIGN.
31. Assembly Bill 2079 iBaker) - state fire training funding -
actian requested - AUTHORIZE SUPPORT FOR AB 2079 AND INCLUDE IN
THE COUNTY'S LEGISLATIVE PROGRAM.
32. Assessment Appeals Board vacancy -Thomas Corkin -action
requested -DECLARE POSITION AS ALTERNATE MEMBER VACANT AND
DIRECT THE ADMINISTRATIVE OFFICE TO POST THE NOTICE OF VACANCY
ACCORDING TO STATE LAW.
33. Advance step hiring -cook -the Sheriff requests Board
authorization to fill a cook position at the Jail at "C" step of
the salary range -action requested -APPROVE ADVANCE STEP
HIRING.
34. Advisory hoard member travel authorization - Board
authorization is requested far Mental Health Advisory Board
member Jim Austin to attend the Organization of Mental Health
Advisory Board's quarterly meeting in San Francisco February 5-
fi, 1988 in the estimated amount of $380 - action requested -
AUTHORIZE ADVISORY BOARD MEMBER TRAVEL.
35. Community Living Centers grant application - the organization is
requesting a resolution from the Board in support of their
application to the State Department of Housing and Community
Development to purchase and rehabilitate the Creekside
residential treatment program for the mentally disabled which is
utilized by the county - action requested - ADOPT RESOLUTION 88-
008 OF SUPPORT AND AUTHORIZE THE CHAIRMAN TO SIGN.
Page 6
January 26, 1988
January 26, 1985
36. Community Living Centers assistance act funding support - a
resolution has been prepared in support of the application of
Community Living Centers for funding from the State Department
of Housing and Community Development for funding to purchase and
rehabilitate housing for the developmentally disabled who are
at-risk of becoming homeless -action requested - ADOPT
RESOLUTION 88-009 OF SUPPORT AND AUTHORIZE THE CHAIRMAN TO
SIGN.
37. Mental Health medical liability insurance - a joint powers
agreement has been prepared with the Association of California
Hospital Districts which would allow the county to participate
in the medical liability insurance program as a cost of
$87,669 - action requested -AUTHORIZE THE CHAIRMAN TO SIGN A
LETTER TO ASSOCIATION OF HOSPITAL DISTRICTS REQUESTING MEDICAL
LIABILITY INSURANCE FOR THE COUNTY'S MENTAL HEALTH PROGRAM.
VOTE: 1 Y 2 Y 3 AB 4 Y 5 Y (Motion carried3
MOTION: TO APPROVE THE CONSENT AGENDA WITH THE REMOVAL OF ITEMS
3.01, 3.02, 3.48, 3.13, 3.25 AND 3.27.
M S
Regular Agenda
88-38
Items removed from the Consent Agenda far Board consideration and
action.
1. Approval of minutes - action requested -APPROVE MINUTES OF
JANUARY 5, 198$.
MOTION: MOVE TO AMEND PAGE 496, MINUTE ORDER 88-20, MOTION: MOVE
TO MODIFY CONDITION N0. 4 ON MINING AND RECLAMATION PERMIT
N0. 81-105 TO READ, "OPERATION, INCLUDING MAINTENANCE,
WARMUP OF EQUIPMENT. TRUCK OPERATIONS SHALL BE LIMITED TO
THE PERIOD BETWEEN 6:04 A.M. TO 6:00 P.M., MONDAY THROUGH
SATURDAY, AND BLASTING OURS SHALL BE BETWEEN 10:00 A.M. AND
5:00 P.M., MONDAY THROUGH SATURDAY. THERE WILL BE NO CHAIN
SAW OPERATIONS ON-SITE AFTER THE SPECIFIED OURS. BLASTING
NOT TO OCCUR ON THE FOLLOWING OBSERVED NATIONAL HOLIDAYS:
JANUARY ~., MARTIN LUTHER KING DAY. EASTER. MEMORIAL DAY,
JULY 4, LABOR DAY, VETERANS DAY, THANKSGIVING AND CHRISTMAS
DAY."
M S
VOTE: ~, Y 2 Y 3 AB 4 Y 5 Y (Motion carried?
Page 7
January 26, 1988
January 26~ 1988
2. Budget transfers - action requested - APPROVE BUDGET TRANSFERS
B-84, B-92, 8-95, B-96, B--97 AHD B-98.
MOTION: MOVE TO APPROVE BUDGET TRANSFERS B-$4, B-92, 8-95, 8-96,
B- 97 AND B-98.
S M
VOTE: 1 Y 2 Y 3 AB g Y 5 Y (Motion carried)
3. Appoints to Mental Health Advisory Board - action requested -
REAFPOTHT JTM AUSTIN, JEAN WOLD, AHD APPOINT L. S. CLARK AND
GEORGE FREBAHCE TO SERVE UNTIL DECEMBER 31, 1990.
MOTION: MOVE TO REAPPOINT JTM AUSTIN, JEAN WOLD, AND
APPOINT L. S. CLARK AHD GEORGE FREBAHCE TO SERVE UNTIL
DECEMBER 31, 1990.
M S
VOTE: 1 Y 2 Y 3 AB 4 Y 5 Y (Motion carried)
4. Villa Verona (Orovilie) area moratorium - the Director of Public
Health is recommending an addition to the original moratorium
area for an-site sewage disposal permits as a result of
inadvertent omission of a strip of land between the moratorium
area and the city limit boundaries of the City of Oroville -
actian requested -ADOPT URGENCY ORDINANCE AMENDING ORDINANCE
2613 APPROVING A REVISED LEGAL DESCRIPTION FOR THE VILLA VERONA
AREA.
MOTION: MOVE TO ADOPT URGENCY ORDINANCE 2656 AMENDING ORDINANCE
2613 APPROVING A REVISED LEGAL DESCRIPTION FOR THE VTLLR
VEROHA AREA.
M S
VOTE: l Y 2 Y 3 AB 4 Y 5 Y (Motion carried}
5. Butte County Economic Development Corporation agreement -rural.
renaissance - the agreement, in the amount of $82,000, provides
for economic development services in the county and for
administration of the various rural renaissance activities,
including Paradise cents], sewer system and Gridley drainage
study. Term of the agreement is from October 1, 1987 to
December 31, 1988 -action requested - APPROVE RGREEMEHT AND
AUTHORIZE THE CHAIRMAN TO SIGN SUBJECT TO REVIEW BY COUNTY
COUNSEL AND THE AUDITOR.
MOTION: MOVE TO APPROVE AGREEMENT AND AUTHORIZE THE CHAIRMAN TO
SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR.
M S
VOTE: 1 Y 2 Y 3 AB 4 Y 5 Y (Motion carried)
Page S
January 26, 1988
`"r
January 2~ 1988
88-39
ss-4a
6. Agreement to retain attorney services -Jerry M. Kuperstein -
the agreement in the amount of $80 per hour, plus costs and
expenses provides far representing the county in litigation -
action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIRMAN
TO SIGN.
MOTION: TO APPROVE AGREEMENT AND AUTHORIZE THE CHAIRMAN TO SIGN.
S 1
VOTE: 1 Y 2 Y 3 AB 4 Y 5 Y (Motion carried)
Sheriff Wood announced to the Hoard that the new Sheriff's
Department helicopter is ready to go, and thanked the Board for
their support. (433)
(SUPERVISOR VERCRUSE PRESENT}
Appointments - commissions and committees. (480)
a. Appointment of Board of Supervisor members to various
committees:
Butte County Association of Governments - all five Board members
Civil Disaster Council -Chairman Mclnturf and Vice Chairman
Fulton
Local Agency Formation Commission -Supervisor Dolan, term
expiring May, 1991; Chairman McInturf, tern expiring May,
1989; alternate Supervisor McLaughlin, term expiring
May, 1989
Butte County Arts Commission - Supervisar Dolan, term expiring
July, 1988
Butte County Commission on Aging -~ Chairman McInturf
County Service Area 37 - Gridley Ambulance Service -Supervisor
McLaughlin
Fish and Game Commission - Supervisor Fulton
Law Library Trustees - Supervisor Fulton
Biggs Memorial Hall Committee - Supervisar McLaughlin
Chico Memorial Ha11 Committee - Supervisors Dolan and Vercruse
Durham Memorial Hall Committee - Supervisor McLaughlin
Gridley Memorial Hall Committee - Supervisor McLaughlin
Oroville Memorial Hall Committee - Supervisor Fulton
Mental Health Advisory Board - Supervisar Fulton
Public Defender Advisory Committee - Supervisor Dolan
Government Operations Committee -Supervisors Fulton and
Vercruse; Supervisor Dolan, alternate
Government Finance and Budget Committee - Supervisor McLaughlin
and Chairman Mclnturf
Area Agency on Aging - Chairman McInturf
Chita Urban Issues Committee - Supervisors Dolan and Vercruse
Page 9
January 25, 1988
~~
January 2~ 1988
Sacramento Valley Air Basin and Control Council -Chairman
Mclnturf; Supervisor Dolan, alternate
Superior California Mater Association -- Supervisor Vercruse
Gounty Supervisors Association of California - Supervisor
Vercruse, director
Sacramento - Mother Lode Association -Supervisor Dolan,
alterate.
Rehabilitation Loan Committee - Supervisor Dolan and Chairman
McTnturf
Tri--County Economic Development District and Tri-County Small
Business Development Advisory Committee - Supervisor Dolan
b. Appointments to committee vacancies. {NONE MADE)
88-41 Presentation by Judy King, program manager, giving county exhibit
award to Butte County far the exhibit display during 1987' California
State Fair. {PRESENTATION MADE BY JUDY KING, PROGRAM MANAGER, TO
CHAIRMAN McINTURF.} {615}
88-42
88-43
Presentation by William F. St. Clair appealing the dental of the
Public Works Department on the renewal of building permit no. 436-84
issued on April 9, 1984. {TAKEN OFF AGENDA.?
Ordinance implementing Board of Supervisors travel
allowances -action requested - WAIVE THE SECOND READING ANA ADOPT
THE ORDINANCE. {700}
MOTION: WAIYE THE SECOND READING AND ADOPT ORDINANCE 2657.
S M
VOTE: 1 Y 2 Y 3 H 4 Y 5 Y {Motion failed}
MOTION: WAIVE THE SEGOND READING OF' THE ORDINANCE.
S M
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried}
MOTION: ADOPT ORDINANCE 2657.
S
VOTE: 1 X 2 Y 3 N 4 Y
RECESS: 10:20 A.M.
M
5 Y {Motion carried}
RECONVENE: 10:32 A.M.
{SUPERVISOR FULTON ABSENT}
88-44 District. Attorney staffing and salary issues: {2565}
a. 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 Force --
action requested - WAIVE THE FIRST READING OF THE ORDINANCE.
Page 10 January 2fi. 1988
January 2,~ 1988
b. 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 IV, to
Step E of Range 32,5 - action requested - APPROVE ADVANCE STEP
MERIT INCREASES.
(CONTINUED UNTIL LATER TN MEETING)
(SUPERVISOR FULTON PRESENT)
88-45 Tax and Revenue Anticipation Notes (TRAM) - a resolution has been
prepared authorizing the issuance of Tax and Revenue Anticipation
Notes to gay 1987-~8$ operating and other expenses of the Butte
Community College District - action requested - ADOPT RESOLUTION
AUTHORIZING THE ISSUANCE OF TAX AND REVENUE ANTICIPATION NOTES TO
PAY 1987-8$ OPERATING AND OTHER EKPENSES OF THE BUTTE COMMUNITY
COLLEGE DISTRICT AND AUTHORIZE THE CHAIRMAN TO SIGN. (2587}
MOTION: ADOPT RESOLUTION 88-010 AUTHORIZING THE ISSUANCE OF TAX
AND REVENUE ANTICIPATION NOTES TO PAY 1987-1988 OPERATING
AND OTHER E7CPENSES OF THE BUTTE COMMUNITY COLLEGE DISTRICT.
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
88-46 Report by Director of Planning regarding requests to State
Department of Health Services for additional funding for Hazardous
Waste Advisory Committee. (REPORT BY BETTYE KTRCHER, DIRECTOR OF
PLANNING.) 12690}
88-47 Department head compensation: (2744?
a. Report on proposed resolution on a performance pay plan for
appointed county department heads. (CONTINUED TO FEBRUARY 23,
1988)
b. Report on salaries for elected department
heads. (CONTINUED TO FEBRUARY Z3, 1988)
c. Consideration of extending the 3.987-1988 compensation
package to appointed and elected department heads.
(CONTINUED TO CLOSED SESSION)
Page it
January 26, 2988
January 26~, 1988
Public Hearincts and Timed Items
88--48 Public hearing - Sierra West Surveying -- on behalf of Dick Wrobel,
appeals the Advisory Agency's Condition No. 2 (Provide two-way
traversable access RS-B-LOIN to each parcel from a county maintained
road or state highway.) on tentative parcel map, AP 58-33-16, two
parcels, property located approximately 25fl feet south of Hoffman
Road approximately 0.8 mile west of Concow Road, Concow area. **{927)
MOTION: MOTION OF INTENT TO UPGRADE TO A 20 FOOT STANDARD THAT
AREA OF ROFFMAN ROAD THAT NEEDS IMPROVEMENT UP TO THE
PROPERTY.
S M
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
88-49 Public hearing - Sierra West Surveying ~- oa behalf of
Thomas Steffen, appeals the Advisory Agency's Condition No. 1
(Frontage on Jackson Street and Virginia Street to be constructed to
RS-2~D standard i.e. curb, gutter, sidewalk and required street
section for parcels with gross acreage of one acre oR less. Submit
drainage plans to the Department of Public Works for approval and
install required facilities.) on tentative parcel map, AP fly-414-15
and AP fly-40-08 {portion), two parcels, property located on the
southeast corner of Virginia Street and Jackson Street, Chapmantown
area. (1'740}
MOTION: MOTION OF INTENT TO UPHOLD THE APPEAL BUT CHANGE CONDITION
OF AGREEMENT TO COMPLY WITH THE STANDARDS AS THEY ARE ADOPTED WHEN
SPECIFIC PLAN TS COMPLETED.
M S
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
88-50 Public hearing - A. C. Bruhns, engineer - on behalf
of Elsie E. Cunnings, appeals the Advisory Agency's Condition No. 2
(Construct full street section on access to Lot D to RS-7 geometric
standard.), Condition No. 3 {Provide monumentation as required by
the Department of Public Works in accordance with accepted
standards.), Condition No. 5 (Provide permanent solution for
drainage.), and Condition No. 11 {Single seal coat Coutolenc Road
along property frontage.) an tentative subdivision map, AP 58-81-11,
four parcels, property located on the west side of Coutolenc Road,
approximately 1,000 feet south of its intersection with Lucretia
Road, Magalia area. 12362)
MOTION: MOTION OF INTENT TO DENY THE APPEAL WITH PUBLIC WORKS TO
DEVELOP FINDINGS.
S M
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried}
Page 12
January 26, 19$8
January 2„-6 1988
Reguiar Agenda
88--51 District Attorney's staffing and salary issues: (2897)
a. Salary ordinance amendment adding one deputy district attorney
position to the District Attorney criminal allocation to be paid
for by funds from the Butte Interagency narcotic Task Force -
action requested - WAIVE THE FIRST READING OF THE ORDINANCE.
MOTION: WAIVE THE FIRST READING OF THE ORDINANCE.
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 X (Unanimously carried)
b. Advance step merit increases - the District Attorney requests
Board authorization in accordance with Personnel Rules
Section 12.13 to approve advance step merit increases for
Gerald Flanagan, chief deputy district attorney, to Step E of
Range 33.5 and Brigham Jones. deputy district attorney IV, to
Step E of Range 32.5 - action requested - APPROVE ADVANCE STEP
MERIT INCREASES.
MOTION: MOTION TO APPROVE ADVANCE STEP MERIT INCREASE FOR
GERALD FLANAGAN, CHIEF DEPUTY DISTRICT ATTORNEY, TD STEP E
OF RANGE 33.5.
VOTE: 1 Y 2 Y
RECESS: 12:40 P.M.
RECONVENE: 2:10 P.M,
S M
3 Y 4 Y 5 Y {Unanimously carried)
(SUPERVISORS DOLAN AND FULTON ABSENT)
Public Hearing aid Timed Items
8$-52 Lionel Carnes -rezone (proposed negative declaration regarding
environmental impact from U (unclassified) to FR-20 (foothill -
recreational, 20 acre parcels), property located on George Cameron
Drive off of Foreman Creek Road, west of Highway 162, identified as
AP 61-49-10. 11, north of Oraville. ***{790)
MOTION: FIND THAT THE REQUIREMENTS OF CEQA HAVE BEEN COMPLETED AND
CONSIDERED IN MAKING THIS DECISION AND ADOPT A NEGATIVE
DECLARATION; AND FIND THAT THE PROPOSED REZONE CONFORMS TO
THE POLICIES, INCLUDING THE TERT AND MAP, OF THE BUTTE
COUNTY GENERAL PLAN BECAUSE IT TS REMOVAL TO A SPECIFIC
ZONE FROM THE U ZONE. TS APPROPRIATE TO THE AREA AND
CONFORMS TO THE GENERAL PLAN; ANA ADOPT ORDINANCE 265$
REZONING TO FR-20 THAT PROPERTY IDENTIFIED AS AP 61-49-10
AND 11.
Page 13
January 26, 1988
January 2~ 19$8
S M
VOTE: 1 Y 2 AB 3 Y 4 Y 5 AB {Motion carried)
Regular Agenda
(SUPERVISORS DOLAN AND FULTON PRESENT)
88-53 Report by Director of Planning in seeking legislative assistance
pertaining to siting requirements as part of the hazardous waste
process. {800)
MOTION: MOTION TO SUPPORT CLARIFICATION RELIEF PERTAINING TO THE
SITING REQUIREMENTS AS PART OF THE HAZARDOUS WASTE PROCESS
AND SUPPORT CSAC LOBBYING EFFORTS FOR CLARIFICATION
LEGISLATION.
M S
VOTE: l Y 2 Y 3 Y d Y 5 Y {Unanimously carried)
88-54 Consideration of funding for conservation, natural resources, open
space, and recreation element funding and issuance of a request for
proposal for consultant services. {870)
MOTION: MOTION THAT THE BDARD AGREES WITH THE CONCEPT AND
AUTHORIZE PREPARATION OF AN RFP FDR REVIEW BY THE BOARD.
M S
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y {Unanimously carried)
8$-55 Report from the Government Operations Committee on proposed changes
to county land use regulat~.on functions. {1000)
MOTION: BOARD ADOPT THE GOALS FOR THE TECHNIGAL ADVISOR FUNCTION AS
DELINEATED IN THE MEMORANDUM PRESENTED TO THE BOARD AT
THEIR MEETING OF JANUARY 26, 1988; APPROVE THE CONCEPT;
DIRECT THE CAO TO DEVELOP PROCEDURES FOR SELECTION AND
CONTRACT FOR BOARD RATIFICATION; AND CAO TO MEET WITH THE
DIRECTORS OF PLANNING, PUBLIG WOR~CS AND ENVIRONMENTAL
HEALTH TO IDENTIFY EITHER EXISTING REVENUES OR FEE
RESTRUCTURING OR INCREASES AS A MEANS OF FINANCING THE
PROJECT.
M S
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y {Unanimously carried)
$8-55 Closed hearing -Lippincott-Guth Associates - on behalf of Troy
Estates Subdivision, appeal the Advisory Agency's denial of
tentative subdivision map {proposed negative declaration with
mitigation measures regarding environmental impact), AP 54-31-03, 04
and 07, 32 lots, property located on both sides of Troy Way
approximately 170 feet south of Colter Way and 1d0 feet east of
Carnegie Road, Paradise Pines area. 11290?
Page 14
January 26, 1988
January 2~ 1988
MOTION: NOTING THAT THE ORIGINAL TROY ESTATES SUBDIVISION WAS
APPROVED BY THE BUTTE COUNTY ADVISORY AGENCY ON AUGUST 3,
1981, AND NOTING THAT THE FINAL MAP WAS NOT RECORDED BEFORE
THE TIME LIMITS EXPIRES; AND NOTING THAT THIS PROPOSES NO
CHANGE IN DENSITY OR DESIGN FROM THE PREVIOUS APPROVAL OF
AUGUST 3, 19$1, T MOPE TO ADOPT A NEGATIVE DECLARATION OF
ENVIRONMENTAL IMPACT, FINDING THAT ALTHOUGH THIS PROJECT
MAY CONTRIBUTE TO THE TRAFFIC IMPACTS IDENTIFIED TN THE
ENVIRONMENTAL IMPACT REPORT CERTIFIED FOR THE PARADISE
UPPER RIDGE GENERAL PLAN AMENDMENT AND REZONE, THESE
IMPACTS ARE REGIONAL AND CANNOT BE MITIGATED BY A SINGLE
APPLICANT. NOTING THE ABOVE, I MOVE TO UPHOLD THE
APPLICANTS APPEAL OF THE ADVISORY AGENCY'S DENIAL OF HTS
PROJECT AND APPROVE TROY ESTATES TENTATIVE SUBDIVISION ON
AP 64-31-03, 04 AND fl7, FINDING THAT THE PROJECT CONFORMS
TO THE GENERAL PLAN AND SPECIFIC ZONING. APPROVAL TS
SUBJECT TO PUBLIC WORKS CONDITIONS 1 THROUGH 17 AND
ENVIRONMENTAL HEALTH CONDITIONS 1 THROUGH 6.
S M
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y {Unanimously carried}
88-57 Closed hearing - Webb Homes - on behalf of G. J. and D. A. Heimann
and Joyce A. 5tarz, appeal of Condition No. 4 (Construct one-half
street and 12 foot section on Bidwell Avenue to RS-2-A road standard
with vertical curb, gutter and sidewalks and 2" AC, 8" AB, SC 250
prime, fag 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. 18 (Provide a letter or other documentation from City of Chico
stating that they are willing and able to supply sewer service to
the subdivision.), Condition Na. 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
{Connect the existing dwelling to public sewer.) on Heimann
tentative subdivision map. AP 42-15-16, 25, 27, 28 (portion), 11.
lets, property located on the north side of Bidwell Avenue
approximately 66fl feet east of the north-south portion of Bidwell
Avenue, Chico area. (CONTINUED TO FEBRUARY 2, 1988) (1340)
CLOSED SESSION: The Board recessed at 2:30 p.m. to hold a closed
session on litigation pursuant to Government Code
Section 54956,9(a); William F. St. Clair; personnel
matter regarding department heads performance; and
resignation of Joe Bandy, agriculatural
commissioner and sealer of weights and measures.
Page 15
January 26, 1988
January 2.~. 1988
RECONVENE: The Board reconvened at 3:35 p.m. {NO ANNOUNCEMENTS MADE
AT THIS TIME.}
{SUPERVISORS McLAUGHLTN AND VERCRUSE ABSENT)
88-58 Department head compensation:
c. Consideration of extending the 1987-1988 compensation package to
appointed and elected department heads. (CONTINUED TO
FEBRUARY 23, 1988}
88-59 Report from Chief Administrative Officer on resignation of
Agricultural Commissioner and Sealer of Weights and Measures
Joe Bandy -action requested -CONSIDERATION OF APPOINTMENT OF
ACTING DIRECTOR AND AUTHORIZATION TO BEGIN RECRUITMENT PROCESS.
{1386}
MOTION: ACCEPT RESIGNATION OF JOE BANDY EFFECTIVE 8:00 A.M.
FEBRUARY 22, 198$; APPOINT JOE CARLTLE AS ACTING DEPARTMENT
HEAD EFFECTIVE 8:0(3 A.M. FEBRUARY 22, 1988; AND AUTHORIZE
THE PERSONNEL DIRECTOR TO BEGIN THE RECRUITMENT PROCESS FOR
AGRICULTURAL COMMISSIONER AND SEALER OF WEIGHTS AND
MEASURES.
S M
VOTE: ~. Y 2 Y 3 AB 4 AB 5 Y {Motion carried}
88-60 Closed hearing - Butte County Board of Supervisors - epnsideration
of proposed negative declaration regarding environmental impact and
amendment to the Butte County Code, Chapter 24 -comprehensive
zoning ordinance involving the €ollowing subjects:
ARTICLE
1 PURPOSE, PRINCIPLES AND STANDARDS
2 ESTABLISHMENT AND DESIGNATION OF ZONES,
INTERPRETATION OF BOUNDARIES, AND AMENDMENTS
TO THE PLANNING AND ZONING LAW
3 DEFINITIONS
4 AGRICULTURAL ZONE
5 COMMERCIAL FORESTRY ZONE
6 TIMBER PRESERVE ZONE
8 RESTDENTTAL ZONE
9 SUBURBAN RESIDENTIAL ZONE
10 RURAL RESTDENTTAL ZONE
11 COMMERCIAL ZONE
13 SCENIC HIGHWAY ZONE
15 INDUSTRIAL ZONE
17 FOOTHILL RESTDENTTAL ZONE
18 TIMBER MOUNTAIN ZONE
21 OPEN SPACE ZONE
22 PLANNED UNIT DEVELOPMENT ZONE
Page 16 January 26, 1988
__ t.
Januarv 26~, 1988
23 RESOURCE CONSERVATION ZONE
24 PUBLIC/QUASI-PUBLIC ZONE
25 UNCLASSIFIED ZONE
26 OVERLAY OR COMBINING ZONES
27-31 RESERVED (ALSO ARTICLE 7, 11, 14, 1fi, 19-20)
32 PROCEDURES -- ENVIRONMENTAL REVIEW, GENERAL
PLAN AMENDMENTS, REZONES, INTERIM ZONING,
NONCONFORMING USES, USE PERMITS, MINING
PERMITS ZONING VIOLATIONS, HDMESITE AND
AGRICULTURAL PROCESSING USE SEGREGATIONS
33 SIGN REGULATIONS
34 CERTIFICATE OF CONDITIONAL USE
35 LIVESTOCK ANIMAL MAINTENANCE
36 GUEST HOUSES
37 HOME OCCUPATIONS
38 OFF-STREET PARKING
39 ADULT ENTERTAINMENT BUSINESSES
40 TEMPORARY RESIDENTIAL PERMITS
41 TEMPORARY USES - MOBILE HOME RESIDENCES
43 DEVELOPMENT AGREEMENTS
44 CONSTRUCTION OF ADDITIONAL DWELLING UNIT
45 RESIDENTIAL NONCONFORMING USE STANDARDS
APPENDICES
A. CHAPTER 13 OF THE BUTTE COUNTY CODE: MINING
AND DREDGING
B. RESOLUTION 74--109: MOBILE ROME PARRS,
RECREATIONAL VERICLE PARKS, TRAVEL TRAILER
PARKS
C. FEES
D. RESOLUTION 79-20: PROCEDURE FOR TIMBER
PRESERVE ZONING - INITIAL AND REZONING
(CONTINUED TO FEBRUARY 23, 1988}
Communications
88-61 Communications received and referred. (COPIES QF ALL COMMUNICATIONS
ARE AVAILABLE IN THE CLERK OF THE BOARD OFFICE.)
a. Judges of the Superior Court -forward their order dated
January 4, 1988 finding that the Butte County Juvenile Hall is a
suitable facility for the detention of minors. (INFORMATION
ONLY.)
b. Thermalito Union School District - writes requesting
consideration be given to providing the bookmobile to the
district on loan or some other mutually agreeable basis.
PREFERRED TO DIRECTOR OF LIBRARIES FOR REPORT AND RECOMMENDATION.}
Page 17
January 26. 1988
...~.~
January 26~, 1988
c. City of Chico -writes urging the Board to increase food
establishment fees in an amount necessary to pay for the food
establishment permit program. (REFERRED TO DIRECTOR OF HEALTH.)
d. R. H. E. Crawford, counsellor at law - writes requesting that
identified personal property liens for AP 58-13-11 be removed.
{REFERRED TO TREASURER/TAX COLLECTOR AND COUNTY COUNSEL FOR
REPORT ANA RECOMMENAATION.)
e. Roberta Crapo, Oroville -writes requesting that the Board
intercede in approving homeowner's exemption for AP 58-58-141 -
action requested - APPROVE LETTER ADVISING THAT THE CALIFORNIA
ADMINISTRATIVE CODE ERCLUDES AUTHORITY TO ACT IN THE AREA OF
GRANTING LATE EXEMPTIONS.
8$-62 Public comment. {PRESENTATIONS WILL BE LIMITED TO FIVE MINUTES.
TAE BOARD OF SUPERVISORS IS PROHIBITED BY STATE LAW FROM TA~{TNG
ACTION ON ANY ITEM PRESENTED TF IT IS NOT LISTED ON THE AGENDA.)
Glen Miller - re watershed protection zone for Lake Cancow.
ADJOURNMENT: There being nothing further before the Board at this
time the meeting was adjourned at 3:47 p.m. to
reconvene on Tuesday, February 2, 1988 at 9:00 a.m.
C airman, Board of Super ors
ATTEST:
MARTIN J. NTCHOLS, Administrative
Offic r and erk of the Board
By: ~ ~._
Page 18
January 26, 1988