HomeMy WebLinkAboutM012892January 28. 1992
Call to order - Board of Supervisors room, County
Administration Building, 25 County Center Drive,
Oroville. Supervisors Fulton, Houx, McInturf, McLaughlin
and Chair Dolan present. William H. Randolph, chief
administrative officer; Susan Minasian, county counsel;
and Carol Roach, assistant clerk to the Board.
Pledge of allegiance to the Flag of the United States of
America.
92-19 Board of Supervisors organization for 1992 (106)
Comments by Chair Dolan (CHAIR DOLAN REFLECTED ON THE
WORK, EFFORTS AND DECISIONS OF 1991 - THE CHALLENGES,
TRAGEDY, CONTROVERSY AND PROGRESS ACHIEVED)
Election of new Board Chair
MOTION: MOVE FOR THE REELECTION OF SUPERVISOR DOLAN AS
CHAIR OF THE BOARD OF SUPERVISORS FOR 1992.
M S
VOTE: l Y 2 Y 3 Y 4 N 5 N (Motion Carried)
Election of new Board Vice Chair
MOTION: MOVE FOR THE NOMINATION OF SUPERVISOR HOUX AS
VICE CHAIR OF THE BOARD OF SUPERVISORS FOR
1992.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 N (Motion Carried)
Comments by Supervisors:
a. New Chair (NONE)
b. Other members of the Board (NONE)
Page 15
January 28, 1992
January 28, 1992
92-20 Items removed from the Consent Agenda for Board
consideration and action.
1. General Services - quotations have been received for
the lease-purchase of a high speed duplicator copier
to replace the current Xerox 9200 in the Print Shop.
Proposed is a Kodak EK235AF in the amount of
$42, 500, with a trade-in allowance of $14, 000 on the
old equipment. Included at no cost is a Kodak EX90E
photocopier. The lease-purchase agreement is in the
amount of $864.41 per month for 60 months with a
$1.00 buy out at the end of the term - action
requested - APPROVE LEASE-PURCHASE OF EQUIPMENT WITH
EASTMAN KODAK AND AUTHORIZE THE GENERAL SERVICES
DIRECTOR TO SIGN.
2. Resolution adopting a policy of purchasing American-
brand only passenger type motor vehicles - action
requested -ADOPT RESOLUTION AND AUTHORIZE THE CHAIR
TO SIGN.
3. Resolution authorizing a loan for the purpose of
retiring the remaining debt of the Butte County
Library Corporation - action requested - ADOPT
RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN.
4. Resolution adding Section 6.11 of the Butte County
Personnel Rules covering the Employee Promotional
Appraisal Policy - action requested - ADOPT
RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN.
5. Resolution revising Section 10.1 (d, e, f) of the
Butte County Personnel Rules updating the Safety
Program - action requested - ADOPT RESOLUTION AND
AUTHORIZE THE CHAIR TO SIGN.
92-21
Consent Agenda
1. Approval of minutes - action requested - APPROVE
MINUTES OF DECEMBER 30, 1991 AND JANUARY 7, 1992.
2. Budget transfers - action requested - APPROVE BUDGET
TRANSFER B-67 (NEAL ROAD LANDFILL), B-69 (LIBRARY),
B-70 (FIRE PROTECTION - VOLUNTEER), B-72 (FIRE
PROTECTION - VOLUNTEER), B-73 (PUBLIC WORKS), B-74
(BUTTE COUNTY TRANSIT), B-75 (FIRE PROTECTION -
VOLUNTEER), B-76 (SUPERIOR COURT).
Page 16
January 28, 1992
January 28, 1992
92-21
3. Gordon Shields, Sierra West - abandonment of three
foot public utility easement, lots 35 and 36, Indian
Meadows Subdivision, unit no. 2 and six foot public
utility easement, lots 6 and 7, Schott Subdivision,
AP 66-42-2, 5 and AP 66-51-23, 24, Magalia - action
requested - ADOPT RESOLUTION 92-02 SETTING A PUBLIC
HEARING FOR TUESDAY, MARCH 10, 1992 AT 10:15 A.M.
4. Butte County Fire Department - the California
Department of Forestry has donated two mobile
Motorola radios (serial numbers 431HGE0301,
431HGE288) for use by the Butte County Fire
Department - action requested - ACCEPT DONATION AND
AUTHORIZE LETTER OF APPRECIATION.
5. County library donations - in accordance with
Government Code Section 25355, donations of $800
from Chico Friends of the Library, $400 from
Agribusiness Institute, CSU, Chico, and $121.50 from
The Book Club, Chico have ben received for the Butte
County trust fund for the purchase of books - action
requested - ACCEPT DONATIONS AND AUTHORIZE LETTERS
OF APPRECIATION.
6. Air Pollution Hearing Board - action requested -
REAPPOINT DR. WILLIAM COATS (PHYSICIAN) AND JON
ANDERSON (REGISTERED ENGINEER) TO SERVE UNTIL
JANUARY 18, 1995.
7. Kimshew Cemetery District - action requested -
APPOINT ANN HILGEMAN TO SERVE AN UNEXPIRED TERM TO
JULY, 1994.
8. Final map - Paradise Pines Commercial Park -
because there are new owners who are not named and
who have not signed the owners' statement, and the
tax status statement has not been received, the
County Recorder has rejected the map for recording -
action requested - PURSUANT TO CALIFORNIA STATE
SUBDIVISION MAP ACT SECTION 66466, RESCIND BOARD
APPROVAL OF THE FINAL MAP.
9. Final map - Feather View Estates Subdivision, Phase
2 -the developer has provided performance and labor
and materials bonds to guarantee construction of
improvements within a period of one year, 24 lots,
AP 31-37-31, property located on the southern end
of Coarse Gold Road and Golden Eagle Road,
Thermalito area - action requested - APPROVE FINAL
MAP; ACCEPT EASEMENTS AS GRANTED IN ITEMS B AND C
OF THE OWNER'S STATEMENT ON BEHALF OF THE PUBLIC;
ACCEPT GRANT IN FEE SIMPLE COARSE GOLD ROAD, BUTTERS
MILL ROAD AND GOLD EAGLE ROAD AS OFFERED IN ITEM A
OF THE OWNER'S STATEMENT, AND AUTHORIZE THE CHAIR
TO SIGN THE SUBDIVISION AGREEMENT.
Page 17
January 28, 1992
January 28. 1992
92-21 10. Report to the Board - Carol Seidenglanz and Butte
County Planning Commission - proposed negative
declaration and denied General Plan Amendments from
grazing and open lands to agricultural residential
for property zoned S-H (scenic highway) and U
(unclassified), property located north of Messilla
Valley Road at its intersection with Pentz Road,
northerly along Pentz Road, Miocene Circle, AP 041-
030-095, 093, 094, 131, 132, 124, 106 and 069, Lime
Saddle area - action requested - ACCEPT FOR
INFORMATION.
11. Oroville Wyandotte Irrigation District - proposed
is a property tax exchange agreement for the Grubbs
Road Annexation District No. 1 (Jack E. and Mary M.
Hoffman} - action requested - APPROVE AGREEMENT AND
AUTHORIZE THE CHAIR TO SIGN.
12. Oroville Wyandotte Irrigation District - proposed
are property tax exchange agreements for the Swedes
Flat Road Annexation District No. 1 (Ernest R. and
Mary H. Barlow, Gus N. and Mary Ann Barlow, Earl T.
and Florence R. Chapman, and C. H. and Florence
Sanders} -action requested - APPROVE AGREEMENTS AND
AUTHORIZE THE CHAIR TO SIGN.
13. Land Conservation Agreements - the Land Conservation
Act Advisory Committee unanimously voted to approve
the application of Johnson Equities, Inc. for
inclusion of 207.50 acres into a Land Conservation
Agreement contract for field crops, with a minimum
parcel size of 207.50 acres, and to approve the
application of the Corporation of the Presiding
Bishop of the Church of Jesus Christ of Latter-Day
Saints, a Utah Corporation Sole for inclusion of
894.96 acres subject to receiving specific acreage
and planting information in Butte County prior to
recordation of contract into a Land Conservation
Agreement contract for orchards, with a minimum
parcel size of 894.96 acres - action requested -
APPROVE CONTRACT INCLUSIVE FOR JOHNSON EQUITIES,
INC., AND THE CORPORATION OF THE PRESIDING BISHOP
OF THE CHURCH OF JESUS CHRIST OF LATTER-DAY SAINTS,
A UTAH CORPORATION SOLE SUBJECT TO TIMELY RECEIPT
OF SPECIFIC ACREAGE AND PLANTING INFORMATION IN
BUTTE COUNTY.
14. Randy Quillen, Palmdale -files a claim for personal
injury and indemnification in an unspecified amount
as a result of a cross-complaint filed against the
claimant resulting from a wrongful death action in
the County involving a deputy sheriff on or about
September 24, 1989 -action requested - REJECT CLAIM
FOR PERSONAL INJURY AND INDEMNIFICATION AND REFER
TO COUNTY COUNSEL AND RISK MANAGEMENT.
Page 18
January 28, 1992
January 28, 1992
92-21 15. General Services - communication
voter/comparator - Board authorization is requested
to acquire a 450 MHz link communication
voter/comparator to the microwave equipment on
Sunset Hill at a cost of $3,104.18, which will be
used to replace equipment to correct a long standing
problem at the site. Funding is available from
savings on the St. John's mountain lightning
protection project - action requested - APPROVE
PURCHASE OF FIXED ASSET ITEM.
16. Award of bid no. 52-92 - the Purchasing Department
has received and opened bids for a used vehicle for
the Agricultural Department. The bids have been
evaluated and the lowest bid meeting specifications
is Hobbie Chevrolet, Oroville in the amount of
$10,871, including tax and extended warranty -
action requested - AWARD BID.
17. Award of bid - the Purchasing Department received
and opened bids for a one ton 4x4 cab and chassis
for the Public Works Department. The bids have been
evaluated and the lowest bid meeting specifications
is Gridley Country Ford in the amount of $19, 339,
plus tax and document fees - action requested -
AWARD BID.
18. Award of bid - the Purchasing Department received
and opened bids for a new 40 foot transit coach to
be used as a replacement vehicle for Butte County
Transit. The bids have been evaluated and the
lowest bid meeting specifications is from the Gillig
Corporation, Hayward, in the amount of $210,365.96
including tax. The funding for this vehicle is a
combination of Urban Mass Transportation
Administration grant funds in the amount of $109,749
and local Transportation Development Act funds in
the amount of $100,617 - action requested - AWARD
BID.
19. Relief from accountability - the Auditor -
Controller has prepared a summary list of numerous
items of fixed asset equipment that have been deemed
destroyed, damaged, stolen or unlocatable - action
requested - REFER TO THE DISTRICT ATTORNEY FOR
INVESTIGATION AND REPORT PURSUANT TO ARTICLE VIII,
SECTION II OF THE BUTTE COUNTY CHARTER.
20. 1990/91 Single Audit Report certification and audit
finding resolution (Management Report and Report on
Audit of General Purpose Financial Statements) -
action requested - ACCEPT FOR INFORMATION.
21. Investment information report - the Treasurer/Tax
Collector submits the December 31, 1991 report in
accordance with AB 1073 and the County's investment
policy - action requested - ACCEPT FOR INFORMATION.
Page 19 January 28, 1992
January 28. 1992
92-21
22. Introduction of a salary ordinance amendment
implementing staffing allocation changes in Public
Health - General Services with no change in the
number of allocated positions. These changes will
allow for greater efficiency and flexibility of
current staffing levels - action requested - WAIVE
READING OF THE ORDINANCE.
23. Right-of-way exchange - a portion of Wilson Landing
Road for an addition to Wilson Landing Road right-
of-way - portions of the existing Wilson Landing
Road are not within the existing right-of-way. This
exchange with Newhall Land and Farming Company would
place the road in the center of the right-of-way,
which is necessary for road purposes - action
requested - APPROVE AGREEMENT FOR EXCHANGE OF REAL
PROPERTY; ADOPT RESOLUTION 92-03; AND AUTHORIZE THE
CHAIR TO SIGN AGREEMENT, QUIT CLAIM DEED AND GRANT
DEED.
24. Land acquisition - agreement for sale (Neal Road
Landfill) - a portion of AP 40-60-25 and 26:
Parcel Nos. Owner Acres
1 and 2 Nance Canyon 48.28
Partners, L.P.
Land Improvements Total
$100,000 None $100,000
action requested - APPROVE AGREEMENT FOR SALE AND
AUTHORIZE CHAIR TO SIGN; AUTHORIZE AUDITOR-
CONTROLLER TO DRAW WARRANT UPON DEMAND OF COUNTY'S
ESCROW AGENT; ACCEPT DEED AND AUTHORIZE CHAIR TO
SIGN CERTIFICATE OF ACCEPTANCE.
25. Resolution authorizing execution of program
supplement no. 63 to local agency - State agreement
no. 03-5912 for federal aid projects - program
supplement no. 63 covers funding for preliminary
engineering costs for the bridge replacement project
of constructing the River Road Bridge at Big Chico
Creek, Federal Bridge Replacement Project BROS-
0007(025) CRP-L089(936) (federal/$68,696 and
state/$11,304). County matching share provided by
state matching funds - action requested - ADOPT
RESOLUTION 92-04 AND AUTHORIZE THE CHAIR TO SIGN.
Page 20
January 28, 1992
~\ ~~
January 28, 1992
92-21 26. Butte County Fair Association - amendment 5 -
proposed is an amendment extending to December 31,
1992 the agreement entered into on January 1, 1983
providing for operation and management of the Butte
County Fair, fairgrounds, related personnel and
activities - action requested - APPROVE AMENDMENT
5 AND AUTHORIZE THE CHAIR TO SIGN.
27. Private Industry Council - submits a State
Department of Education/Job Training Partnership Act
(JTPA) eight percent cooperative agreement for GAIN
client remediation programs modified to deduct
$4,403 in recaptured funds and add in $19,261 in
carry-in funds - action requested - APPROVE
COOPERATIVE AGREEMENT AND AUTHORIZE THE CHAIR TO
SIGN.
28. Heritage Partners - strategic plan for County
Service Area (CSA) No. 114 - proposed is an
agreement with Heritage Partners to draft and
produce a strategic plan for CSA no. 114 that will
include sewer service alternatives, a State
Revolving Fund funding strategy, relationships with
County Service Area No. 87, alternative fundamental
strategies, and preliminary alternatives analysis
by the end of April, 1992 - action requested -
APPROVE CONTRACT AND AUTHORIZE THE CHAIR TO SIGN.
29. Harold Bertholf, Inc. contract - in accordance with
paragraph 2D of the contract dated August 21, 1990,
the Assessor requests Board approval to expend
additional funds in an amount not to exceed $1, 200 -
action requested - AUTHORIZE CONTRACT MODIFICATION.
30. Assignment of counsel - County Counsel proposes
assigning Splivalo v. County of Butte to the law
firm of Carroll, Burdick and McDonough - action
requested - APPROVE ASSIGNMENT OF COUNSEL.
31. Eldon R. and Margaret L. Faris - proposed is an
agreement for the rental of a storage facility/work
assemblage area for the Elections Department at 2640
Fifth Avenue, Suites 6 and 7, Oroville. The term
of the agreement is two years at $0,25 per square
foot for approximately 5,000 square feet - action
requested - APPROVE AGREEMENT AND AUTHORIZE THE
CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL
AND THE AUDITOR-CONTROLLER, AND ISSUANCE OF AN
OCCUPANCY PERMIT BY THE CITY OF OROVILLE.
Page 21
January 28, 1992
anuarv 28, 1992
92-21 32. Voice Mail System - the original vendor selected to
provide voice mail to the Welfare Department cannot
obtain equipment as identified in their proposal.
The proposal is to provide up to 400 mail boxes and
eight ports on a 36 month lease basis. It is
recommended the Board select the next highest cost
firm, Gaynor Telephone Systems at a total lease cost
of $59, 867 - action requested - RESCIND BOARD ACTION
OF DECEMBER 3, 1991 IN THE SELECTION OF SHASTA
COMMUNICATIONS; APPROVE SELECTION OF GAYNOR
TELEPHONE SYSTEMS; AND AUTHORIZE THE GENERAL
SERVICES DIRECTOR TO SIGN THE AGREEMENT SUBJECT TO
APPROVAL BY COUNTY COUNSEL AND THE AUDITOR-
CONTROLLER.
33. Chico Professional Offices - the proposed lease is
for office space at 572 Rio Lindo Avenue, Suite 105,
Chico which serves as the Administrative Office for
Alcohol and Drug Services. The lease is from
December 1, 1991 through June 30, 1992 (to establish
a fiscal year time line), in the monthly amount of
$970.71 for a maximum of $6,794.97 - action
requested - APPROVE LEASE AND AUTHORIZE THE CHAIR
TO SIGN.
34. Chico Professional Offices - the proposed lease is
for office space at 578 Rio Lindo Avenue, Suite 1,
Chico which serves as the Adult Services/Outpatient
Office for Alcohol and Drug Services. The lease is
from December 1, 1991 through June 30, 1992 (to
establish a fiscal year time line), in the monthly
amount of $1,695.66 for a maximum of $11,869.62 -
action requested - APPROVE LEASE AND AUTHORIZE THE
CHAIR TO SIGN.
35. Michael N. Corbett - the proposed consulting
services agreement provides for the development of
a community plan for the Chapman and Mulberry
residential district, Chico in the maximum amount
of $10,000 utilizing Community Development Block
Grant (CDBG) program income - action requested -
APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN
SUBJECT TO APPROVAL OF THE AUDITOR-CONTROLLER.
36. County Health Services 1991/92 Plan and Budget for
Butte County - the Plan and Budget were prepared by
the Department of Public Health for submission to
the State Department of Health Services in
accordance with Sections 16700-16713 of the
California Welfare and Institutions Code. The Plan
is a description of public health services as they
presently exist in Butte County. The Budget
summarizes the public health expenditures approved
in the final budget - action requested - ADOPT THE
COUNTY HEALTH SERVICES 1991/92 PLAN AND BUDGET FOR
BUTTE COUNTY, AND AUTHORIZE THE CHAIR TO SIGN THE
CERTIFICATION SECTION OF THE PLAN.
Page 22 January 28, 1992
January 28, 1992
92-21 37. Metcalf and Eddy - the consultant that provides
water quality monitoring and reporting for the Neal
Road Landfill has prepared a letter proposal for
servicing three pumps and to oversee an extension
of one well. The estimated cost for the service is
$1,700 from funds available in the Neal Road
Landfill Management Fund - action requested -
APPROVE LETTER PROPOSAL AT A COST NOT TO EXCEED
$1,700 WITHOUT PRIOR APPROVAL OF THE DIRECTOR -
PUBLIC WORKS.
38. State/County cooperative agreement (district
agreement no. 0392302) - the proposed agreement
specifies the terms and conditions under which the
project of installation of traffic control signals
at the intersection of State Highway 32 and East
Avenue/North Lindo Avenue are to be engineered,
constructed, financed, operated and maintained. The
County will engineer and construct the project,
utilizing Chico Urban Area Street Facility Fees, to
be reimbursed at a later date by the State - action
requested - APPROVE COOPERATIVE AGREEMENT AND ADOPT
RESOLUTION 92-09 AUTHORIZING THE CHAIR TO EXECUTE
THE AGREEMENT ON BEHALF OF THE COUNTY.
39. State Urban Mass Transportation Administration
(UMTA) Section 18 grant (no. 64Q375) - amendment no.
1 - the Public Works Department is applying for an
increase of $25,000 to their previously approved
grant to be used in the purchase of a replacement
bus for Butte County Transit - action requested -
APPROVE AMENDMENT NO. 1 AND AUTHORIZE THE
DIRECTOR - PUBLIC WORKS TO SIGN THE STANDARD
CERTIFICATIONS AND ASSURANCES.
40. Vector Engineering, Inc. - the proposed agreement
provides for engineering services for the design of
septage aeration ponds at the Neal Road Landfill.
Funding is available in the Neal Road Landfill
Management Fund - action requested - APPROVE
AGREEMENT AT A FEE NOT TO EXCEED $133,315 WITHOUT
DIRECTOR - PUBLIC WORKS APPROVAL AND AUTHORIZE THE
DIRECTOR - PUBLIC WORKS TO EXECUTE THE AGREEMENT
SUBJECT TO APPROVAL OF COUNTY COUNSEL AND AUDITOR-
CONTROLLER.
Page 23
January 28, 1992
January 28, 1992
92-21 41. Federal Block Grant Child Care - the Welfare
Department, Child Protective Services (CPS) has
prepared an application to the Child Development
Division of the State Department of Education for
$125,347 in federal block grant child care funding
for respite care/child care services for foster
parents. Child Protective Services is applying
under priority no. 5 for "Children in Crisis" which
includes children under protective services of CPS.
This is federal grant money and no County match is
required - action requested - APPROVE APPLICATION
AND AUTHORIZE THE CHAIR TO SIGN.
42. Butte County Alcohol and Drug Advisory Council -
first annual recognition celebration Thursday,
January 30, 1992 - action requested - AUTHORIZE
CERTIFICATES OF APPRECIATION.
43. Retirement of a member of the Sheriff's Department
K-9 Corps - effective January 10, 1992, "Fred"
retired after 5-1/2 years of dedicated service -
action requested - APPROVE PURCHASE OF "FRED" BY
SERGEANT SCOTT MACKENZIE FOR $1.00, AND AUTHORIZE
A CERTIFICATE OF APPRECIATION.
44. Destruction of records - birth certificates, death
certificates and permits for disposition - the
Public Health Director requests Board authorization,
pursuant to Health and Safety Code Section 10067,
for the destruction of these records filed prior to
January 1, 1991. Approval by the State Registrar
has been obtained - action requested - APPROVE
DESTRUCTION OF RECORDS.
MOTION: MOVE TO APPROVE THE CONSENT AGENDA WITH THE
REMOVAL OF ITEMS 3.17, 3.25, 3.26, 3.27 AND
3.28.
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried}
(SUPERVISOR McINTURF ABSTAINED FROM VOTING ON ITEM 3.01 -
MINUTES OF JANUARY 7, 1992)
Page 24
January 28, 1992
January 28. 1992
Regular Agenda
92-22 Items removed from the Consent Agenda for Board
consideration and action.
1. General Services - quotations have been received for
the lease-purchase of a high speed duplicator copier
to replace the current Xerox 9200 in the Print Shop.
Proposed is a Kodak EK235AF in the amount of
$42,500, with a trade-in allowance of $14,000 on the
old equipment. Included at no cost is a Kodak EX90E
photocopier. The lease-purchase agreement is in the
amount of $864.41 per month for 60 months with a
$1.00 buy out at the end of the term - action
requested - APPROVE LEASE-PURCHASE OF EQUIPMENT WITH
EASTMAN KODAK AND AUTHORIZE THE GENERAL SERVICES
DIRECTOR TO SIGN. (340)
MOTION: MOVE TO APPROVE LEASE-PURCHASE OF EQUIPMENT
WITH EASTMAN KODAK AND AUTHORIZE THE GENERAL
SERVICES DIRECTOR TO SIGN.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
2. Resolution adopting a policy of purchasing American-
brand only passenger type motor vehicles - action
requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR
TO SIGN. (474)
MOTION: MOVE TO ADOPT RESOLUTION 92-05 AND AUTHORIZE
THE CHAIR TO SIGN.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
3. Resolution authorizing a loan for the purpose of
retiring the remaining debt of the Butte County
Library Corporation - action requested - ADOPT
RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (REFER
TO MINUTE ORDER NO. 92-26)
4. Resolution adding Section 6.11 of the Butte County
Personnel Rules covering the Employee Promotional
Appraisal Policy - action requested - ADOPT
RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN.
(CONTINUED TO FEBRUARY 11, 1992) (573)
5. Resolution revising Section 10.1 (d, e, f) of the
Butte County Personnel Rules updating the Safety
Program - action requested - ADOPT RESOLUTION AND
AUTHORIZE THE CHAIR TO SIGN. (CONTINUED TO
FEBRUARY 11, 1992)
Page 25
January 28, 1992
January 28, 1992
92-23 Appointments - commissions and committees.
a. Appointments to committee vacancies. (NONE)
b. Board of Supervisors' 1992 committee assignments -
action requested - APPOINT CHAIR AND ONE BOARD
MEMBER TO THE CIVIL DISASTER COUNCIL, AND APPROVE
COMMITTEE ASSIGNMENTS AS PRESENTED.
MOTION: MOVE TO APPROVE COMMITTEE ASSIGNMENTS AS
PRESENTED, AND APPOINT CHAIR DOLAN AND VICE
CHAIR HOUX TO THE CIVIL DISASTER COUNCIL.
S M
VOTE: l Y 2 Y 3 X 4 Y 5 Y (Unanimously Carried)
c. Trial Court Funding negotiation discussion - action
requested - APPOINT BOARD REPRESENTATIVE(S) TO SERVE
ON BUTTE COUNTY COURTS' EXECUTIVE COMMITTEE.
MOTION: MOVE TO APPOINT SUPERVISORS HOUX AND McLAUGHLIN
AS BOARD REPRESENTATIVES TO SERVE ON BUTTE
COUNTY COUNTS' EXECUTIVE COMMITTEE.
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
92-24 Consideration of a proposal by the Chico Friends of the
Library for funding ($9,500) of a children's specialist
(library assistant III) position at the Chico Branch
Library for approximately five months (through June 30,
1992) - action requested - ACCEPT DONATION WITH
CONDITIONAL USE, AND AUTHORIZE THE DIRECTOR - LIBRARIES
TO NEGOTIATE AND SIGN LETTER OF AGREEMENT. (689)
MOTION: MOVE TO ACCEPT DONATION WITH CONDITIONAL USE,
AND AUTHORIZE THE DIRECTOR - LIBRARIES TO
NEGOTIATE AND SIGN LETTER OF AGREEMENT.
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
92-25 Report to the Board on the Planning Commission's
recommendation to reject the code amendment to Butte
County Code Section 24-21 defining accumulated vehicles,
auto wrecking yard, junk and junk yard, and Section 24-
64 "Applicability of zoning regulations" - action
requested - ACCEPT REPORT, AND DIRECT THE COMMISSION AND
STAFF TO CONTINUE TO WORK WITH COUNTY COUNSEL AND THE
DISTRICT ATTORNEY TO BRING FORWARD RECOMMENDATIONS TO
ADDRESS THE ISSUE OF JUNK AND JUNK YARDS. (758)
MOTION: MOVE TO TAKE NO ACTION ON THIS ITEM.
S M
VOTE: 1 NV 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
Page 26
January 28, 1992
January 28, 1992
RECESS: 9:50 A.M.
RECONVENE: 10:03 A.M. (SUPERVISORS FULTON AND
MCLAUGHLIN NOT PRESENT)
92-26 Resolution authorizing a loan for the purpose of retiring
the remaining debt of the Butte County Library
Corporation - action requested - ADOPT RESOLUTION AND
AUTHORIZE THE CHAIR TO SIGN. (1490)
(SUPERVISORS FULTON AND McLAUGHLIN PRESENT)
MOTION: MOVE TO ADOPT RESOLUTION 92-06 AND AUTHORIZE
THE CHAIR TO SIGN.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
Public Hearings and Timed Items
(SUPERVISOR McLAUGHLIN NOT PRESENT)
92-27 Continued hearing - Butte County Board of Supervisors -
consideration of various General Plan Amendments and
rezoning (item on which an environmental impact report
has been prepared), properties located within the Durham-
Dayton-Nelson planning area. The action also includes
policy standards and the designation of the Durham
planning area as separate from the Chico planning area.
The area is bordered on the east by Highway 99, on the
west by the Sacramento River, on the north by the Durham
Unified School District northern boundaries, and the
Western Canal and the County line in the south. (1555)
(**00)
(SUPERVISOR FULTON NOT PRESENT; SUPERVISOR FULTON
PRESENT)
MOTION: MOVE TO ADOPT A MOTION OF INTENT AND (1) FIND
THAT THE DRAFT ENVIRONMENTAL IMPACT REPORT
(EIR) HAS BEEN PREPARED, REVIEWED AND
CONSIDERED IN COMPLIANCE WITH THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT.; (2) DIRECT STAFF
TO INCORPORATE RESPONSES TO COMMENTS INTO THE
DRAFT EIR AND PREPARE THE FINAL EIR.; (3)
DIRECT STAFF TO PREPARE AN EXHIBIT FOR
ALTERNATIVE NUMBER 6A SHOWING THE DURHAM-
DAYTON-NELSON LAND USE AND ZONING
DESIGNATIONS.; (4) DIRECT STAFF TO PREPARE A
FINAL MOTION; AND (5) PREPARE AN APPROPRIATE
RESOLUTION AND ZONING ORDINANCE FOR THE
SELECTED ALTERNATIVE.
S M
VOTE: l Y 2 Y 3 Y 4 NP 5 Y (Unanimously Carried)
Page 27
January 28, 1992
January 28, 1992
RECESS: 12:00 NOON
RECONVENE: 12:15 P.M. (SUPERVISOR McLAUGHLIN NOT
PRESENT)
92-28 Public hearing - Stephen Honeycutt on behalf of Durham
House Preservation Partnership - consideration of an
appeal of the Planning Commission's denial of a rezone
(proposed negative declaration with mitigation measures
regarding environmental impact) from A-5 (agricultural -
five acre parcels) to PUD (planned unit development),
property located on the north side of Durham-Dayton
Highway, approximately 1,400 feet east of Jones Avenue,
AP 040-180-057 and 058, Durham. (2567) (***00)
MOTION: MOVE TO ADOPT A MOTION OF INTENT TO UPHOLD THE
DURHAM HOUSE PRESERVATION PARTNERSHIP APPEAL.
S M
VOTE: 1 N 2 Y 3 Y 4 NP 5 N (Motion Failed)
92-29 Public hearing -Mary Grumbling and Design Collaborative,
Ltd. - consideration of an appeal of the Planning
Commission's denial of a rezone (proposed negative
declaration regarding environmental impact) from "U"
(unclassified) to SR-1 (suburban residential - one acre
parcels), property located on the south side of Buckeye
Road, approximately 1/4 mile west of Forbestown Road, AP
073-180-138 and 139, Forbestown. (900)
(SUPERVISOR McLAUGHLIN PRESENT)
MOTION: MOVE TO (A) FIND THAT AN INITIAL STUDY HAS
BEEN COMPLETED IN COMPLIANCE WITH CEQA AND HAS
BEEN CONSIDERED IN MAKING THIS DECISION; (B)
THE PROPOSED ZONING IS NOT CONSISTENT WITH THE
BUTTE COUNTY GENERAL PLAN; AND (C) DENY THE
REZONING TO SR-1 FOR THAT PROPERTY IDENTIFIED
AS AP 073-180-138 AND 073-180-139 (MARY
GRUMBLING AND DESIGN COLLABORATIVE, LTD.).
M S
VOTE: l Y 2 N 3 Y 4 Y 5 Y (Motion Carried)
92-30 Public hearing - NorthStar Engineering on behalf of
Raymund Jans - consideration of an appeal of the Advisory
Agency's denial of a tentative subdivision map (proposed
negative declaration with environmental mitigations), AP
40-07-04, seven lots, property located on the west side
of Jones Avenue approximately 700 feet south of Blossom
Lane, Durham area - action requested - OPEN HEARING AND
CONTINUE OPEN TO FEBRUARY 25, 1992 AT 11:30 A.M. (1287)
(HEARING OPENED AND CONTINUED OPEN TO FEBRUARY 25, 1992
AT 11:30 A.M.)
Page 28
January 28, 1992
January 28. 1992
92-31 Public hearing - NorthStar Engineering on behalf of Glenn
Wood - consideration of an appeal of condition no. 1
(frontage on Miller and Butte Avenue to be constructed
to RS-3-B standard, submit road and drainage plans to the
Department of Public Works for approval and install
required facilities) on tentative parcel map (proposed
negative declaration with environmental mitigations), AP
39-31-28, two parcels, property located at the northwest
corner of Butte Avenue and Miller Avenue, Chico area.
(1318) (HEARING OPENED AND CONTINUED OPEN TO
FEBRUARY 25, 1992 AT 11:45 A.M.)
Regular A
92-32 1. Recess as Board of Supervisors and convene as the
Air Pollution Control District Board of Directors.
a. Approval of minutes - action requested -
APPROVE MINUTES OF JANUARY 7, 1992.
b. 1990/91 Year End Financial Report -action
requested - APPROVE REPORT.
Adjourn as the Air Pollution Control District Board
of Directors and convene as the Board of
Supervisors. (CONTINUED TO FEBRUARY 11, 1992)
(REFER TO MINUTE ORDER NO. 92-41)
2. Report to the Board on proposed changes to Chapter
13 of the Butte County Code "Grading and Mining" -
action requested:
A. SET FOR PUBLIC HEARING;
B. DIRECT STAFF TO PREPARE FINAL ORDINANCE FOR
CONSIDERATION AT THE PUBLIC HEARING;
C. DIRECT STAFF TO PREPARE A DRAFT REQUEST FOR
PROPOSAL FOR CONTRACTUAL SERVICES FOR THE
ANNUAL INSPECTIONS; AND
D. DIRECT STAFF TO PROVIDE THE MEMORANDUM OF
UNDERSTANDING WITH THE BUREAU OF LAND
MANAGEMENT FOR SIGNATURE BY THE CHAIR.
(CONTINUED TO FEBRUARY 11, 1992) (REFER TO
MINUTE ORDER NO. 92-41)
Page 29
January 28, 1992
January 28. 1992
92-32 3. Consideration of a recommendation to the Board for
the initiation of a code amendment to create an
administrative permit process. (CONTINUED TO
FEBRUARY 11, 1992) (REFER TO MINUTE ORDER NO. 92-
41)
4. Consideration of a recommendation to the Board for
the initiation of a code amendment to Butte County
Code Section 24-201 "Day Care Facilities" to allow
large family day care facilities by administrative
permit. (CONTINUED TO FEBRUARY 11, 1992) (REFER
TO MINUTE ORDER NO. 92-41)
5. Consideration of a recommendation to the Board for
the initiation of a code amendment to Butte County
Code Section 24-202 "Construction of additional
dwelling unit" to allow senior citizen dwelling
units (62-1200) by administrative permit.
(CONTINUED TO FEBRUARY 11, 1992) (REFER TO MINUTE
ORDER N0. 92-41)
6. Discussion of Chico Urban Area 20 Year
Transportation Improvement Plan. (CONTINUED TO
FEBRUARY 11, 1992)
7. Closed hearing - Rolls, Anderson & Rolls on behalf
of Gene F. Camp - consideration of an appeal of the
Subdivision Violation Committee's condition (verify
legal access to the parcel from a publicly
maintained road in compliance with Chapter 20,
Section 124 of the Butte County Code) on a
conditional Certificate of Compliance, AP 07-02-117
and 119, one lot, property located 800 feet west of
Cohasset Road, North Chico area. (CONTINUED TO
FEBRUARY 11, 1992)
(SUPERVISOR McINTURF NOT PRESENT; SUPERVISOR McINTURF
PRESENT)
92-33 Consideration of recruitment plan for Director -
Personnel - action requested - ADOPT RECRUITMENT PLAN,
AND APPOINT BOARD MEMBER(S) TO THE APPLICANT SCREENING
PANEL. (1857)
MOTION: MOVE TO ADOPT THE RECRUITMENT PLAN, AND APPOINT
CHAIR DOLAN AND SUPERVISOR HOUX TO THE
APPLICANT SCREENING PANEL.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
Page 30
January 28, 1992
January 28, 1992
92-34 Consideration of a request for a Board resolution
declaring the emergency regulations adopted by the State
Board of Forestry of November 25, 1991 to be
unnecessarily restrictive and unwarranted and requesting
their withdrawal, and conveying the Boards opposition
to any changes which might be made to the Forest Practice
Rules as a result of the Declaration of Emergency.
(RAYMOND V. WHITELY, SOPER-WHEELER COMPANY) (1924)
(SUPERVISOR FULTON NOT PRESENT; SUPERVISOR FULTON
PRESENT)
MOTION: MOVE THAT CHAIR DOLAN PREPARE A LETTER TO THE
STATE BOARD OF FORESTRY REQUESTING
RECONSIDERATION OF THEIR EMERGENCY REGULATIONS
AND OUTLINING SOME OF THE CONCERNS EXPRESSED
HERE TODAY.
S M
VOTE: l Y 2 N 3 Y 4 Y 5 N (Motion Carried)
92-35 Traffic Amnesty Program - as part of the State's effort
to simplify and enhance court efficiency, a statewide
amnesty program on delinquent traffic citations is being
implemented - action requested - ADOPT RESOLUTION AND
AUTHORIZE THE CHAIR TO SIGN. (2882)
MOTION: MOVE TO ADOPT RESOLUTION 92-07 AND AUTHORIZE
THE CHAIR TO SIGN.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
92-36 Judicial Council Court-Appointed Special Advocate (CASA)
Grant Program - action requested - AUTHORIZE A LETTER IN
SUPPORT OF THE GRANT APPLICATION AND AUTHORIZE THE CHAIR
TO SIGN. (RONALD REED AND THOMAS SHEA, ATTORNEYS AT LAW)
(2926)
MOTION: MOVE TO AUTHORIZE
GRANT APPLICATION
SIGN.
M
VOTE : l Y 2 Y 3 Y 4 Y
Page 31
A LETTER IN SUPPORT OF THE
AND AUTHORIZE THE CHAIR TO
S
5 Y (Unanimously Carried)
January 28, 1992
January 28. 1992
92-37 Consideration of a resolution making application to the
Butte County Local Agency Formation Commission (LAFCo)
regarding formation of a county service area for animal
control services - action requested - ADOPT RESOLUTION
AND AUTHORIZE THE CHAIR TO SIGN. (SUPERVISORS McLAUGHLIN
AND FULTON) (****00)
MOTION: MOVE TO ADOPT RESOLUTION 92-08 AND AUTHORIZE
THE CHAIR TO SIGN.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
Public Hearings and Timed Items
92-38 Cost recovery analysis - representative(s) from David M.
Griffith and Associates, Ltd., will present information
and discussion regarding the cost recovery analysis for
County fees. (370) (PRESENTATION BY BRAD WILKES,
PROJECT DIRECTOR, AND STAFF MEMBERS ALLAN BURDICK AND
ERIN PAYTON, DAVID M. GRIFFITH AND ASSOCIATES, LTD., OF
THE "USER FEE COST RECOVERY PROGRAM INTRODUCTION")
92-39 Update by Chief Administrative Officer on
Sacramento/legislative activities. (790) (REPORT BY
SUPERVISOR HOUX)
92-40 Appointment of Acting Chief Administrative Officer.
(807)
MOTION: MOVE TO APPOINT STARLYN BROWN AS ACTING CHIEF
ADMINISTRATIVE OFFICER.
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
92-41 Discussion of special meeting of Butte County Board of
Supervisors to be held on February 7, 1992 at 9:00 a.m.
(868) (MEETING SCHEDULED FOR FRIDAY, FEBRUARY 7, 1992
FOR THE PURPOSE OF BOARD INTERVIEWS OF CANDIDATE
FINALISTS FOR DIRECTOR - DEVELOPMENT SERVICES)
THE BOARD DIRECTED THAT THE FOLLOWING CONTINUED ITEMS BE
CALENDARED FOR THE FEBRUARY 7, 1992 MEETING (REFER TO
MINUTE ORDER NO. 92-32):
Page 32
January 28, 1992
January 28, 1992
92-41 1. Recess as Board of Supervisors and convene as the
Air Pollution Control District Board of Directors.
a. Approval of minutes - action requested -
APPROVE MINUTES OF JANUARY 7, 1992.
b. 1990/91 Year End Financial Report -action
requested - APPROVE REPORT.
Adjourn as the Air Pollution Control District Board
of Directors and convene as the Board of
Supervisors.
2. Report to the Board on proposed changes to Chapter
13 of the Butte County Code "Grading and Mining" -
action requested:
A. SET FOR PUBLIC HEARING;
B. DIRECT STAFF TO PREPARE FINAL ORDINANCE FOR
CONSIDERATION AT THE PUBLIC HEARING;
C. DIRECT STAFF TO PREPARE A DRAFT REQUEST FOR
PROPOSAL FOR CONTRACTUAL SERVICES FOR THE
ANNUAL INSPECTIONS; AND
D. DIRECT STAFF TO PROVIDE THE MEMORANDUM OF
UNDERSTANDING WITH THE BUREAU OF LAND
MANAGEMENT FOR SIGNATURE BY THE CHAIR.
3. Consideration of a recommendation to the Board for
the initiation of a code amendment to create an
administrative permit process.
4. Consideration of a recommendation to the Board for
the initiation of a code amendment to Butte County
Code Section 24-201 "Day Care Facilities" to allow
large family day care facilities by administrative
permit.
5. Consideration of a recommendation to the Board for
the initiation of a code amendment to Butte County
Code Section 24-202 "Construction of additional
dwelling unit" to allow senior citizen dwelling
units (62-1200) by administrative permit.
Page 33
January 28, 1992
January 28, 1992
92-42 Communications
COMMUNICATIONS
OFFICE.)
Communications
received and referred. (COPIES OF ALL
ARE AVAILABLE IN THE CLERK OF THE BOARD
a. Glenn P. Hamilton, Oroville - submits his
resignation as the District 1 representative to the
County Commission on Aging (Area Agency on Aging) -
action requested - ACCEPT RESIGNATION; AUTHORIZE
LETTER OF APPRECIATION; AND REFER TO CHIEF
ADMINISTRATIVE OFFICER.
b. Dan J. Cook, Civil Engineer, Cook Associates -
submits a letter summarizing a meeting regarding the
Ranchero Esplanade Mobile Home Park Health Risk
Elimination Program - action requested - REFER TO
CHIEF ADMINISTRATIVE OFFICER, PLANNING DIRECTOR AND
PUBLIC WORKS DIRECTOR.
92-43 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. Neil Forman, Honcut - mobile homes on neighboring
property with no water, electricity, sanitation with
numerous adults and children living there - action
requested - REFERRED TO CHIEF ADMINISTRATIVE OFFICER
FOR REPORT. (918)
2. Keith Chambers, registered professional forester,
and forest manager - Board support for timber
management. (REFER TO MINUTE ORDER NO. 92-34)
(1410 )
92-44 Presentation to William H. Randolph, Chief Administrative
Officer. (1949) (CHAIR DOLAN PRESENTED A PLAQUE IN HONOR
OF WILLIAM H. RANDOLPH, CHIEF ADMINISTRATIVE OFFICER,
1989-92, "YOU SHOWED US WHERE THERE IS A WILL, THERE IS
A WAY."
Page 34
January 28, 1992
January 28. 1992
Public Hearings and Timed Items
92-45 CLOSED SESSION: The Board recessed at 2:55 p.m. for
a closed session for the purpose of
a personnel matter. (2084)
RECONVENE: The Board reconvened at 3:30 p.m.
following a closed session for the purpose
of a personnel matter. (NO ANNOUNCEMENTS)
ADJOURNMENT: There being nothing further before the
Board at this time, the Board meeting was
adjourned at 3:30 p.m. to reconvene on
Friday, February 7, 1992 at 9:00 a.m.
~ t
~~_ \ .
Chair
ATTEST: ~~
I
WILLIAM H. RANDOLPII,~`Chief.~dministrative Officer
and Clerk of the~Board of Supervisors
BY ~ .~ 4~., . ~ ' ~ ~, o, i ~ ~
Page 35
January 28, 1992