HomeMy WebLinkAboutM012991
January 29, 1991
_1
Call to order - Board of Supervisors room, County
Administration Building, 25 County Center Drive,
Oroville. Supervisors Campbell, Fulton, Mclnturf,
McLaughlin and Chair Dolan present. William H. Randolph,
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.
91-26
91-27
Items removed from the Consent Agenda for Board
consideration and action.
1. Air Pollution Control Office - Board authorization
is requested far the purchase of one desk, one
conference table, six conference chairs, three
computer workstations, two 2-drawer file cabinets,
three computer tables, two bookshelves and three
desk chairs in the maximum amount of $5,730 for
utilization at the new office location previously
approved by the Board. Budget transfer B-79 has
been prepared for the necessary appropriation -
action requested - APPROVE PURCHASE OF FIXED ASSET
ITEMS. (NO ACTION TAKEN)
Consent Agenda
1. Approval of minutes - action requested - APPROVE
MINUTES OF JANUARY 8, 1991 AND JANUARY 15, 1991.
Page 22
January 29, 1991
January 29, 1991
91-27 2. Budget transfers - action requested - APPROVE BUDGET
TRANSFERS B-59 {AIR POLLUTION), B-50 {COUNTY GENERAL
FUND}, B-61 (LIBRARY-CENTRAL SERVICE}, B-62 (AIR
POLLUTION), B-63 (CSA 134), B-64 (RURAL DEVELOPMENT
ASSISTANCE PROGRAM), B-65 (NORTH COUNTY MUNICIPAL
COURT), B-66 (FIRE DEPARTMENT-REGULAR}, B-67 (COURT
REPORTERS), B-68 (RECORDER), B-69 (JUVENILE HALL),
B-70 (PROBATION), B-71 (SHERIFF-CIVIL DIVISION), B-
72 (JWENILE HALL), B-73 (PUBLIC WORKS), B-74 (FIRE
DEPARTMENT-VOLUNTEER), B-75 (PUBLIC GUARDIAN}, B-76
(PUBLIC WORKS), 8-77 (BOARD OF SUPERVISORS), B-78
(PERSONNEL), B-79 (AIR POLLUTION), AND B-80
(PLANNING).
3. County library donations - in accordance with
Government Code Section 25355, donations have been
received of $500 from James L. and Patsy N. Warren,
Richvale, and $3,000 from Paradise Friends of the
Library for the Butte County trust fund for
continuing operations - action requested - ACCEPT
DONATIONS AND AUTHORIZE LETTERS OF APPRECIATION.
4. County library donations - in accordance with
Government Code Section 25355, donations have been
received of $103 anonymously, $930 from Chico
Friends o£ the Library, and $120 from Alice
Shifflet, Gridley for the Butte County trust fund
for the purchase of books - action requested -
ACCEPT DONATIONS AND AUTHORIZE LETTERS OF
APPRECIATION.
5. Biggs Memorial Hall Committee - action requested -
REAPPOINT MARK WEBER {NAVY), RAY VALVERDE (NAVY),
JOHN BUSITYHEAD (NAVY), FRANK MATHAUSER (ARMY),
GEORGE GOODWIN (NAVY), ALTERNATE, ANTONIO AIRISA
(AIR FORCE), ALTERNATE AND JERE REYNOLDS (ARMY),
ALTERNATE TO SERVE UNTIL DECEMBER 31, 1991, AND
APPOINT KENNETH JENNINGS (NAVY), AND ERNEST D.
HOLMAN, JR. (NAVY), ALTERNATE TO SERVE UNTIL
DECEMBER 31, 1991.
6. Durham Memorial Hall Committee -- action requested -
REAPPOINT MILTON WILLADSEN, FARRELL HAMILTON, HUGH
WELLS AND JACK COONS TO SERVE UNTIL DECEMBER 31,
1991, AND APPOINT JERRY MORRISON TO SERVE UNTIL
DECEMBER 31, 1991.
7. Gridley Memorial Hall Committee - action requested -
REAPPOTNT TTM TOKUNO (VFW POST 5731), WILLIAM FARR
{VFW POST 5731), RAY ROBERTS (NORTH VALLEY DANCE
CLUB), EUGENE STRAW (ROTARY CLUB), AND ARTHUR SELL
{AMERICAN LEGION) TO SERVE UNTIL DECEMBER 31,
1991.
Page 23
January 29, 1991
Januarv 29. 1991
91-27 8. Oroville Memorial Hall Committee - action
requested - REAPPOINT CARL YOUNG (SUBMARINE VETS WW
II), DAVE HOLLOWAY (AMERICAN LEGION POST 95), ROLAND
STRANY (AMERICAN LEGIDN POST 95), ALTERNATE, AND
APPOINT DALE DEMO (VFW POST 9602), AND ERNEST
NATWICK (SUBMARINE VETS WW II), ALTERNATE TO SERVE
UNTIL DECEMBER 31, 1991.
9. Butte County Mosquito Abatement District - action
requested - REAPPOINT PRTSCILLA LEONARDI-DRON
(DISTRICT 2) AND GARY JUSTESON (DISTRICT 4} TO SERVE
UNTIL DECEMBER 31, 1994.
10. Law Library Trustees - action requested _ REAPPOINT
GARY KNIPPEN, STAFF RESEARCH ATTORNEY (EX OFFICIO
TRUSTEE AND BOARD DESIGNEE) TO SERVE UNTIL JANUARY,
1992.
11. Mental Health Advisory Board - action requested -
REAPPOINT GEORGE FRIBANCE (PROFESSIONAL), AND JEAN
WOLD (PROFESSIONAL} TO SERVE UNTIL DECEMBER 31,
1994; APPOINT RICHARD HDYT, JR. (PUBLIC}, DANIEL
YOUNG {PUBLIC) AND LISA DEMATTEIS (PUBLIC} TO SERVE
UNTIL DECEMBER 31, 1994, AND APPOINT DUNCAN WAY
(PUBLIC) TO FILL THE UNEXPIRED TERM TO DECEMBER 31,
1991.
12. Land Conservation Agreement - the Land Conservation
Act Advisory Committee unanimously voted to approve
inclusion into the Land Conservation Act of
Chambers, Davis and Meyers, Inc. subject to
receiving a corrected legal description prior to
Board action for a total of 688.09 acres for AP 022-
010-031, 029-050-010 and 004 - action requested -
APPROVE CONTRACT INCLUSION SUBJECT TO TIMELY RECEIPT
OF A CORRECTED LEGAL DESCRIPTION.
13. Final map - Amended Paradise Pines Commercial Park
Subdivision, lots 3 through 6 - four lots, AP 65-
46-03, 04, 05 and 06, property located on the south
side of Woodward Avenue, 300 feet east of Skyway,
Magalia area .. action requested - APPROVE FINAL MAP,
ACCEPT EASEMENTS AS GRANTED IN ITEMS A, B, C, D, E,
F AND G OF THE OWNER'S STATEMENT ON BEHALF OF THE
PUBLIC.
14. Gary Hunter, Jr., Oroville - files a claim in the
amount of $250,000 as a result of alleged damages
and injuries sustained in an incident at the Butte
County Jail on or about June 5, 1990 -- action
requested - REJECT CLAIM AND REFER TO COUNTY COUNSEL
AND RISK MANAGEMENT.
Page 24
January 29, 1991
January 2.9.,..__1991
91-27 15. County Clerk-Recorder - dot matrix printers - Board
authorization is requested to purchase as part of
the Recorder's Information Management System (RIMS)
six DFM model HSDFM-K03 dot matrix/pass through
printers to replace current printers deemed not
economical to maintain in the maximum amount of
$3,816 from the Recorder's Systems Trust Fund F-
14~4. Budget transfer B-68 has been prepared for
the necessary appropriation - action requested -
APPROVE PURCHASE OF FIXED ASSET ITEMS.
16. Fire Department - Board authorization is requested
to proceed with acquisition of a fixed asset (fire
truck) through chassis "buildup" utilizing a
previously approved fixed asset appropriation -
action requested - AUTHORIZE PURCHASE OF FIXED
ASSET STEM.
17. Fire Department - Board authorization is requested
to purchase a 3,000 gallon portable Fol-Da-Tank in
the maximum amount of $2,100 which will be carried
on Water Tender 72, Palermo, a County owned,
volunteer staffed vehicle. The new tank will
provide an emergency water supply for fire engines.
Budget transfer B-74 has been prepared for the
necessary appropriation - action requested -APPROVE
PURCHASE OF FIXED ASSET ITEM.
18. Fire Department - Upper Ridge Fire Station - Board
authorization is requested to purchase a 1981
International 4x4 truck with 8,000 miles on the
odometer in the maximum amount of $20,140. With
minor modifications, the vehicle is a suitable
replacement for the existing Squad 33 - action
requested _ APPROVE PURCHASE OF FIXED ASSET ITEM.
19, General Services - Board authorization is requested
to purchase two used 1,000 gallon propane tanks at
a cost of $2,657. The tanks are presently rented
and are in place at St. John's Mountain. Funding
is available by deferring the networking of central
communications computers - action requested -
AUTHORIZE PURCHASE OF FIXED ASSET ITEMS.
20. Personnel Department - Board authorization is
requested to purchase modular panels, desks and
peripheral office equipment in the maximum amount
of $3,900. Budget transfer B-78 has been prepared
for the necessary appropriation - action
requested - APPROVE PURCHASE OF FIXED ASSET ITEMS.
Page 25
January 29, 1991
January 29 1991
91-27 21. Juvenile Hall - Board authorization is requested to
purchase a new clothes dryer at a cost of $425 to
replace the current clothes dryer which it is
estimated will require $397.93 to repair. Budget
transfer B-69 has been prepared for the necessary
appropriation - action requested - APPROVE PURCHASE
OF FIXED ASSET ITEM.
22. Juvenile Hall - Board authorization is requested to
purchase ten dining room tables in the maximum
amount of $6,955 with the funding source being
Probation Department donated private funds. Budget
transfer B-72 has been prepared for the necessary
appropriation - action requested - APPROVE PURCHASE
OF FIXED ASSET ITEMS.
23. Award of bid 26-91 - carpeting - the Purchasing
Department opened bids to carpet the Welfare
building, 42 County Center Drive, Oroville. The
lowest bid meeting specifications is the Carpet
Store in Chico in the amount of $24,483.75 - action
requested - AWARD BID.
24. Award of bid 39-91 - 4x4 vehicle - the Purchasing
Department received and opened bids for a compact
four door 4x4 vehicle for the Welfare Department.
The bids have been evaluated and the lowest bid
meeting specifications is Future Ford of Roseville
in the amount of $16,048 plus tax for a new 1991
Ford Explorer - action requested - AWARD BID.
25. Award of bid 39-91 - vehicles - the Purchasing
Department received and opened bids for a Mercury
Sable for the Planning Department. The bids have
been evaluated and the lowest bid meeting
specifications is Gridley Country Ford in the amount
of $11,289 including tax and extended warranty -
action requested - AWARD BID.
26. Sheriff-Coroner - Board authorization is requested
to purchase two vehicles for the Civil Division
utilizing fees collected as part of the civil
operation. Government Code Section 26746 provides
for this fee of which 70 percent is restricted to
expenditures that supplement the County's cost for
vehicle replacement and equipment for the Sheriff.
Budget transfer 8-71 has been prepared for the
necessary appropriation - action requested -
APPROVE PURCHASE OF FIXED ASSET ITEMS.
Page 26
January 29, 1991
January 29. 1991
91-27 27. Public Guardian - Board authorization is requested
far the purchase of an electric daisywheel
typewriter in the maximum amount of $51.4.1.0. Budget
transfer B-75 has been prepared far the necessary
appropriation - action requested - APPROVE PURCHASE
OF FIXED ASSET ITEM.
28. Public Works Department - Board authorization is
requested to purchase six gas powered chain saws,
two gas powered brush cutters, and a radial arm saw,
brake drum and rotor lathe, pneumatic chipping
hammer, portable wheel mounted brush chipper,
airless paint sprayer, four post vehicle Lift, 3 -
5 ton steel portable roller and trailer, and a 15
ton tilt equipment trailer in the maximum amount of
$66,000 with funds realized From the recent
equipment auction. Funds are restricted to roads.
Budget transfer B-76 has been prepared for the
necessary appropriation - action requested - APPROVE
PURCHASE OF FIXED ASSET ITEMS.
29. Public Works Department - Board authorization is
requested to purchase a smog test analyzer system
(BAR-90-TAS} in the maximum amount of $16,000 in
order to comply with the recently enacted State smog
check program which requires all County vehicles to
have a biannual emissions inspection monitored by
the Bureau of Automotive Repair (BAR}. Budget
transfer B-73 has been prepared for the necessary
appropriation - action requested - APPROVE PURCHASE
OF FIXED ASSET ITEM.
30. South County Municipal Court - the Auditor-
Controller submits the audit report for fiscal year
ended June 30, 1990 pursuant to Government Code
Sections 26883, 71383 and 71384 - action
requested - ACCEPT FOR INFORMATION.
31. North County Municipal Court - the Auditor-
Controller submits the audit report for fiscal year
ended June 30, 1990 pursuant to Government Code
Sections 26883, 71383 and 71384 - action
requested - ACCEPT FOR INFORMATION.
32. Investment information report - the Treasurer/Tax
Collector submits the December 28, 1990 report in
accordance with AB 1073 and the County's investment
policy - action requested - ACCEPT FOR INFORMATION,
Page 27
January 29, 1991
January 29. 3.991
91-27 33. County Service Area no. 3.34 (Baker's Dozen
Subdivision) loan - a resolution has been prepared
to authorize a $330 loan to CSA no. 134 (Baker's
Dozen Subdivision) from the CSA revolving loan fund.
Budget transfer B-63 has been prepared to provide
the necessary appropriation - action requested -
ADOPT RESOLUTION 91-07 AND AUTHORIZE THE CHAIR TO
SIGN.
34. Amendment to Chapter 2, Article II of the Butte
County Code and salary ordinance amendment -
proposed is an ordinance adding section 2-21 tv the
Butte County Code to provide that the present
administrative assistants to the Board of
Supervisors serve as appointed officials of the
County who serve at the pleasure of each member of
the Board and are exempt from the Merit System,
and a salary ordinance amendment implementing the
change - action requested - WAIVE THE SECOND READING
AND ADOPT ORDINANCES 2899 AND 29(30.
35. Salary ordinance amendment - the State Controller
has informed the County that a 5.25 percent judicial
salary increase is in effect and, therefore, a
salary ordinance amendment is required. Proposed
is a salary ordinance amendment granting a 5.25
percent salary increase effective January 1, 1991
to superior and municipal. court judges pursuant to
the revised schedule of judicial salaries submitted
by the State Controller - action requested - WAIVE
THE SECOND READING AND ADOPT ORDINANCE 2901.
36. Salary ordinance amendment - Public Health
Department - proposed is a salary ordinance
amendment as a result of a classification study that
establishes the classification of environmental
health technician in the Salary Plan for Classified
Positions, Section III A with no additional
positions being allocated nor any positions being
reclassified - action requested - WAIVE THE SECOND
READING AND ADOPT ORDINANCE 2902.
37. Salary ordinance amendment - Public Works
Department - as part of the final budget package,
a salary ordinance amendment is proposed which re-
establishes the position of supervising building
inspector at salary range 52. In re-establishing
this position, the position of building inspector
IV, III will be reclassified to building inspector
III - action requested - WAIVE THE SECOND READING
AND ADOPT ORDINANCE 2903.
Page 28
January 29, 1991
January 29, 1991
91-27 38. Salary ordinance amendment - Public Works
Department - the positions of chief building
inspector and building plan checker IV include civil
engineering requirements which received a 7.5
percent internal salary adjustment as part of the
MCS memorandum of understanding for 1990/91.
Proposed is a salary ordinance amendment authorizing
a 7.5 percent salary increase for these positions -
action requested - WAIVE THE SECOND READING AND
ADOPT ORDINANCE 2904,
39. Salary ordinance amendment - civil
engineering/junior and civil
engineering/supervising - due to an administrative
error these civil engineering classifications did
not receive the 7.5 percent increase due as a result
of a reclassification study - action requested -
WAIVE THE SECOND READING AND ADOPT ORDINANCE 2905.
40. Salary ordinance amendment - Sheriff's Department -
proposed is a salary ordinance amendment
establishing classifications of correctional officer
trainee, deputy sheriff trainee, lieutenant and
captain classes, and changing the salary of
assistant sheriff from range 97 to range 98.
Existing positions are to be reallocated to
accomplish these changes, and no additional
positions are proposed - action requested - WAIVE
THE SECOND READING AND ADOPT ORDINANCE 2906.
41. Salary ordinance amendment - Welfare Department -
proposed is a salary ordinance amendment as a result
of a grievance settlement which increases the number
of allocated social worker supervisor II positions,
and decreases the number of allocated social worker
supervisor I positions. No additional positions are
being allocated - action requested - WAIVE THE
SECOND READING AND ADOPT ORDINANCE 2907.
42. Veteran Service Officer subvention allocation -
notification of the annual allocation of State
subvention funds has been received to pay each
county a portion of the costs of establishing and
maintaining a County Veterans Service Office for the
period July 1, 1990 through June 30, 1991 pursuant
to Military & Veterans Code Sections 972 and 972.1.
The total allocation amounts to $35,151 - action
requested - ADOPT RESOLUTION 91-08 AND AUTHORIZE THE
CHAIR TO SIGN AUTHORIZING THE CHIEF ADMINISTRATIVE
OFFICER TO SIGN THE NECESSARY CERTIFICATIONS AND
ACCEPT THE ALLOCATIONS ON BEHALF OF THE COUNTY.
Page 29
January 29, 1991
January 29..19.91
91-27 43. Resolution proclaiming January 21 through January
25 as California State Eligibility Workers
Recognition Week - action requested - ADOPT
RESOLUTION 91-09 AND AUTHORIZE THE CHAIR TO SIGN.
44. Amendment 5 to agreement with Butte County Fair
Association - proposed is an amendment extending to
December 31, 1991 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.
45. Amendment 3 - Rurai Renaissance agreement - the
amendment to State agreement REDP C86-081 contains
a new grant administration budget that reflects the
actual amount spent and disbursed for administrative
costs (an increase of $5,000) and allocates an
additional $5,500 for local economic development
funding - action requested - ADOPT RESOLUTION 91-10
AND AUTHORIZE THE CHAIR TO SIGN APPROVING AMENDMENT
3 AND AUTHORIZING THE CHIEF ADMINISTRATIVE OFFICER
TO SIGN THE AGREEMENT ON BEHALF OF THE COUNTY.
46. Amendment 2 - Butte County Economic Development
Corporation, Inc. - the amendment covers additional
funding for economic development services as part
of the Rural Renaissance Program (State agreement
C86-081) in the increasing amount of $5,500 and
extends the term for the period July 1, 1690 through
June 30, 1991 - action requested - APPROVE AMENDMENT
2 AND AUTHORIZE THE CHAIR TO SIGN.
47. Assignment of counsel - County Counsel proposes to
assign Dick Bj ork v. Michael Ramsey to the law firm
of Marsh, Marsh, Volpe and Molin - action
requested - APPROVE ASSIGNMENT OF COUNSEL.
48. Assignment of counsel - County Counsel proposes to
assign William and Betty Vickrey v. County of Butte
to the law firm of Marsh, Marsh, Volpe and Molin -
action requested - APPROVE ASSIGNMENT OF COUNSEL.
Page 30
January 29, 1991
January 29, 1991
91-27 49. American Psychmanagement of California, Inc.
contract - proposed is a contract for the County's
Mental Health Department to provide mental health
services and benefits to members of American
Psychmanagement of California, Tnc. with fees
determined by a fee schedule which entitles
collection from members of APM of any copayments
authorized by the Plan. The term of this agreement
shall commence upon execution and shall continue
until terminated by either party -- action
requested -APPROVE CONTRACT AND AUTHORIZE THE CHAIR
TO SIGN.
50. North Oroville/Thermalito area circulation study -
proposed is an expanded contract far professional
services by an independent contractor for a
circulation study to include the entire Thermalito
area east and north of the Afterbay. Budget
transfer B-80 has been prepared for the necessary
appropriation - action requested - APPROVE CONTRACT
AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO COUNTY
COUNSEL AND AUDITOR-CONTROLLER APPROVAL.
51. Probation and School Services (P.A.S.S.) II grant
proposal -the Probation Department has successfully
competed for a $78,902 grant from the California
Office of Criminal Justice Planning for delinquency
prevention and intervention. The grant will allow
assignment of a probation officer to work directly
with the Chico Elementary School District in
providing intervention with delinquent and at risk
youth and families - action requested -- ADOPT
RESOLUTION 91-11 AND AUTHORIZE THE CHAIR TO SIGN
AUTHORIZING THE CHIEF PROBATION OFFICER TO SUBMIT
PROPOSAL AND EXECUTE GRANT AWARD AGREEMENT ON BEHALF
OF THE COUNTY.
52. Perinatal Outreach Center Application - the Public
Health Department has prepared an application for
$139,875 in 100 percent State funds to develop a
Perinatal Outreach Center to provide outreach to
Medi-Cal eligible women in the Chico area - action
requested - APPROVE APPLICATION AND AUTHORIZE THE
CHAIR TO SIGN CERTIFICATION STATEMENT.
53. Enforcement Assistance Grant Application - a
resolution has been prepared authorizing the Public
Health Department to submit an Enforcement
Assistance Grant Application for $14,000 in i00
percent State funds to support local solid waste
landfill permit and inspection programs - action
requested - ADOPT RESOLUTION 91-12 AUTHORIZE THE
CHAIR TO SIGN.
Page 31
January 29, 1991
January__29_.__1991
91-27 54. 1990/91 State Legalization Impact Assistance Grant -
under the terms of this grant, the State Department
of Health Services will make available State
legalization impact funds to reimburse Butte County
the casts of providing specified public health
services to persons who have applied for
legalization under the provisions of the Immigration
Reform and Control Act - action requested -
APPROVE GRANT AND AUTHORIZE THE CHAIR TO SIGN.
55. Mary Brunette contract - the contract provides for
family therapy services to Welfare Department (CPS)
clients from January 1, 1991 through December 31,
1991 in the maximum amount of $9,950 - action
requested - APPROVE CONTRACT AND AUTHORIZE THE CHAIR
TO SIGN.
56. Eleanor Calvert contract - the contract provides for
individual therapy services to Welfare Department
(CPS) clients from January 1, 1991 through December
31, 1991 in the maximum amount of $9,950 - action
requested -- APPROVE CONTRACT AND AUTHORIZE THE CHAIR
TO SIGN.
57. Anne Giel contract - the contract provides for
family therapy services to Welfare Department (CPS)
clients from January 1, 1991 through December 31,
1991 in the maximum amount of $2,000 - action
requested - APPROVE CONTRACT AND AUTHORIZE THE CHAIR
TO SIGN.
58. Suzie Heald contract - the contract provides for
family therapy services to Welfare Department (CPS)
clients from January 1, 1991 through December 31,
1991 in the maximum amount of $5,000 - action
requested - APPROVE CONTRACT AND AUTHORIZE THE CHAIR
TO SIGN.
59. Lore Kuhns contract - the contract provides for
family therapy services to Welfare Department (CPS)
clients from January 1, 1991 through December 31,
1991 in the maximum amount of $2,500 - action
requested - APPROVE CONTRACT AND AUTHORIZE THE CHAIR
TO SIGN.
60. Northern California Youth and Family Programs - the
contract provides for family therapy services to
Welfare Department (CPS) clients from January 1,
1991 through December 31, 1.991 in the maximum amount
of $6,000 - action requested - APPROVE CONTRACT AND
AUTHORIZE THE CHAIR TO SIGN.
Page 32
January 29, 1991
January 29. 1991
91-27 61, Janice O'Donnell contract - the contract provides
for family therapy services to Welfare Department
(CPS} clients from January 1, 1991 through December
31, 1991 in the maximum amount of $4,000 - action
requested - APPROVE CONTRACT AND AUTHORIZE THE CHAIR
TO SIGN.
62. Jim Voss contract - the contract provides for family
therapy services to Welfare Department (CPS) clients
from January ~., 1991 through December 31, 1991 in
the maximum amount of $9,950 - action requested -
APPROVE CONTRACT AND AUTHORIZE THE CHAIR TO SIGN.
63. Linda Wallace contract - the contract provides for
family therapy services to Welfare Department (CPS}
clients from January 1, 1991 through December 31,
1991 in the maximum amount of $4,000 - action
requested - APPROVE CONTRACT AND AUTHORIZE THE CHAIR
TO SIGN.
64. Appointment of Civil Disaster Officer/Program
Manager - action requested - APPOINT FREDERICK
SVETZ.
65. Advanced step hiring - District Attorney's Office -
Board authorization is requested to hire a deputy
district attorney IV at step 5 of the salary range -
action requested - AUTHORIZE ADVANCED STEP HIRING.
66. Either sex deer hunt at Grey Lodge Wildlife Area -
the Fish and Game Commission recommends that the
Board, in keeping with past policy, not object to
the proposed either sex deer hunt being planned at
the Grey Lodge Wildlife Area in August, 1991 to
control the Grey Lodge deer herd in relation to the
habitat carrying capacity of the refuge - action
requested - ACCEPT FISH AND GAME RECOMMENDATION.
67. Fish and Game Commission - Board authorization is
requested to join the Northern California Council
of County Fish and Game Commissions at an annual
cost of $200. The new organization is being formed
to increase the effectiveness of county Fish and
Game Commissions through mutual cooperation,
communication and unification far increased
credibility with various state entities. The cast
far membership is available from current
appropriations - action requested - AUTHORIZE
MEMBERSHIP.
Page 33
January 29, 1991
January 29. 1.991
91-27 68. Destruction of records - birth certificates, fetal
death certificates, death certificates and burial
permits - the Public Health Director requests Board
authorization, pursuant to Section 10067 of the
Health and Safety Code, for the destruction of these
records filed prior to January 1, 1990. Approval
by the State Registrar has been obtained - action
requested - APPROVE DESTRUCTION OF RECORDS.
MOTION: MOVE TO APPROVE THE CONSENT AGENDA WITH ITEM
3.02 AMENDED TO REMOVE B-79, AND THE REMOVAL
OF ITEM 3.15.
M S
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
Rectular Agenda
91-28 Appointments - commissions and committees.
a. Appointments to committee vacancies.
MOTION: MOVE TO APPOINT KAY MATZDORFF AS THE DISTRICT
3 REPRESENTATIVE ON THE COMMUNITY ACTION
AGENCY.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
MOTION: MDVE TO APPOINT GENE HURRAY TO THE CALIFORNIA
COUNCIL OF PARTNERSHIPS OF THE COUNTY
SUPERVISORS ASSOCIATION OF CALIFORNIA.
M S
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
b. Board of Supervisors' 1991 committee assignments -
action requested - DISBAND COMMITTEES AND MAKE
APPOINTMENTS AS RECOMMENDED.
MOTION: MOVE TO RATIFY AND DISBAND COMMITTEES AS
RECOMMENDED.
S M
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
c. Butte County Integrated Waste Management Local Task
Force - action requested - APPROVE EXPANSION OF
MEMBERSHIP AND MAKE APPOINTMENT.
MOTION: MOVE TO APPROVE THE EXPANSION OF THE INTEGRATED
WASTE MANAGEMENT LOCAL TASK FORCE BY THE
ADDITION OF AN ADDITIONAL PUBLIC MEMBER, AND
APPOINT PRISCILLA HANFORD TO THE POSITION.
S M
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
Page 34
January 29, 1991
January 29, 1991
91-28 d. Emergency Medical Care Committee (EMCC) - action
requested - MAKE PUBLIC MEMBER POSITION APPOINTMENT.
MOTION: MOVE FOR THE APPOINTMENT OF HARRTETT GOFF.
M S
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
91-29 Salary ordinance amendment - proposed is a salary
ordinance amendment implementing memorandum of
understanding compensation changes for members of the
Board - action requested: (141)
A. WAIVE THE READING OF THE ORDINANCE; AND
MOTION: MOVE TO WAIVE THE READING OF THE ORDINANCE.
S M
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
B. ADOPT ORDINANCE AND AUTHORIZE THE CHAIR TO SIGN.
MOTION: MOVE TO ADOPT ORDINANCE 2908 AND AUTHORIZE THE
CHAIR TO SIGN.
S M
VOTE: 1 N 2 Y 3 Y 4 N 5 Y (Motion Carried)
91-30 Consideration of amending legislative platform to include
Butte County Regional Library Facilities and Services Act
which would create the Butte County Regional Library
Facilities and Services Commission.
MOTION: MOVE TO SUPPORT THIS EFFORT.
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
91-31 Staff report on the reapportionment process. (624)
MOTION: MOVE TO FORM A COMMITTEE OF SUPERVISORS FULTON
AND MCLAUGHLTN TO WORK WITH STAFF TO DEVELOP
RECOMMENDATIONS TO THE BOARD ON REDISTRICTING.
S M
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
(NEIL McCABE, ASSISTANT COUNTY COUNSEL, PRESENT)
91-32 Discussion on the assignment of use permit monitoring to
the Planning Department and code enforcement officers.
(941) (SUPERVISOR McLAUGHLIN TO WORK WITH COUNTY
COUNSEL, ENVIRONMENTAL HEALTH, PLANNING DEPARTMENT, AND
PUBLIC WORKS STAFF TO FORMULATE SPECIFIC RECOMMENDATIONS
TO BRING BEFORE THE BOARD TN FEBRUARY TO PINPOINT CODE
SECTIONS THAT MAY NEED TO BE CHANGED, AND WHICH ZONING
CODE CHANGES GO THROUGH THE PUBLIC HEARING PROCESS.)
Page 35
January 29, 1991
January 29, 1991
91-33 Consideration of approval of the purchase of a Unisys
System SO computer for the Welfare Department - action
requested - AUTHORIZE THE 90/40 CPU BE REPLACED BY A
SYSTEM 80 (6 MB) AND THAT THE OPERATING SOFTWARE {OS/3
AND TIP/30) BE UPGRADED TO CURRENT, SUPPORTED VERSIONS.
(1332)
MOTION: MOVE FOR ACTION AS REQUESTED.
S M
VOTE: ~. Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried}
RECESS: 9:59 A.M.
RECONVENE: 10:25 A.M. (SUPERVISOR McLAUGHLIN NOT
PRESENT)
P_ubl_ic Hearings and Timed_Items
91-34 Public hearing - Gald Beach Aviation - consideration of
a rezone (proposed negative declaration with mitigation
measures regarding environmental impact) from U
(unclassified) to FR-10 (foothill recreational ten acre
parcels), property located on the west side of Lime
Saddle Road, approximately 300 feet north of Pentz Road,
identified as AP 041-470-094, south of Paradise. {1515)
MOTION: ACCEPT RECOMMENDATIONS OF STAFF MEMORANDUM
DATED NOVEMBER 21, 1990, AND (A} FIND THAT:
{1} AN INITIAL STUDY HAS BEEN COMPLETED IN
COMPLIANCE WITH CEQA; (2) SAID STUDY AND
COMMENTS RECEIVED THEREON IDENTIFIED
POTENTIALLY SIGNIFICANT ENVIRONMENTAL EFFECTS
THE PROJECT MAY HAVE HAD, BUT: (a) REVISIONS
IN THE PROJECT PLANS OR PROPOSALS MADE BY OR
AGREED TO BY THE APPLICANT WOULD AVOID SUCH
EFFECTS OR MITIGATE SUCH EFFECTS TO A POINT
WHERE CLEARLY NO SIGNIFICANT ENVIRONMENTAL
EFFECTS WOULD OCCUR; AND (b) THERE IS NO
SUBSTANTIAL EVIDENCE BEFORE THE COUNTY THAT THE
PROJECT AS REVISED MAY HAVE A SIGNIFICANT
EFFECT ON THE ENVIRONMENT. (3) THE PROPOSED
FR-10 ZONING IS CONSISTENT WITH THE BUTTE
COUNTY GENERAL PLAN, INCLUDING THE TEXT AND
MAP, BECAUSE THIS ZONING TS SUITABLE FOR THE
CHARACTER OF THE LAND INVOLVED. (B} ADOPT A
NEGATIVE DECLARATION WITH MITIGATION MEASURES
AND ADOPT ORDINANCE 2909 REZONING TO FR-10 THAT
PROPERTY IDENTIFIED AS AP 041-470-094 (GOLD
BEACH AVIATION); AND (C) ADOPT RESOLUTION 91-
13 APPROVING A CONDITIONAL ZONING AGREEMENT FOR
AP 049-470-094 (GOLD BEACH AVIATION) SUBJECT
Page 36
January 29, 1991
January 29. .1991
91-34 TO THE FOLLOWING CONDITIONS: (1) COMPLY WITH
THE DEPARTMENT OF FISH AND GAME'S MITIGATION
MEASURES. THE FOLLOWING MITIGATION MEASURES
SHALL BE PROVIDED AS CONDITIONS OF THE
TENTATIVE PARCEL MAP: (a) A DEED RESTRICTION
BARING FURTHER DIVISION OF THE TWO PARCELS TO
BE CREATED.; (b) ONLY ONE NEW RESIDENCE SHALL
BE PLACED ON THE SITE AND LOCATED AS TO CREATE
A CLUSTERED EFFECT WITH THE EXISTING
STRUCTURES.; (c) PAYMENT OF COUNTY DEER RANGE
MITIGATION FEES.; AND (d) CONFORMANCE TO
FENCING STANDARDS AS PRESENTED TO THE COUNTY
BY THE DEPARTMENT OF FISH AND GAME.
S M
VOTE: 1 Y 2 Y 3 Y 4 NP 5 Y (Unanimously Carried}
91-35 Continued hearing - Anderson Brothers Corporation -
consideration of an appeal of the requirement for an
Environmental Impact Report for a General Plan Amendment
from agricultural residential to commercial and rezone
from SR--1 (suburban residential - one acre parcel) to C-
2 (general commercial), property located on the east side
of Highway 99, approximately 200 feet north of Wilson
Landing Road and Highway 99, identified as AP 047-270-
027 and 023, Chico. (1605) (HEARING CONTINUED OPEN TO
FEBRUARY 26, 1991 AT 10:15 A.M.)
91-36 Public hearing - E. H. Ochinero - consideration of a
rezone {proposed negative declaration with mitigation
measures regarding environmental impacts) from SR-1
(suburban residential - one acre parcels) to PUD (planned
unit development} to allow a 24p lot residential
development, a golf course and sewage disposal
facilities, property located on the west side of Hicks
Lane, approximately one mile north of Sycamore Drive,
identified as AP 007-010--057 and 058, 007-550-045 and
047, Chico. (2049) (HEARING OPENED AND CONTINUED OPEN
TO MARCH 5, 1991 AT 10:15 A.M.)
Regular_Agenda
91-37 Consideration of a resolution implementing procedures of
Chapter 1706 of the Statutes of 1990 regarding State
Department of Fish and Game fees in connection with the
filing of Notices of Determination pursuant to the
California Environmental Quality Act - action requested -
ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO S IGN . { 2 2 61)
MOTION: MOVE TO ADOPT RESOLUTION 91-14 AND AUTHORIZE
THE CHAIR TO SIGN.
M S
VOTE: 1 Y 2 Y 3 Y 4 NP 5 Y (Unanimously Carried)
Page 37
January 29, 1991
Januarv 29. 1991
91-38 Closed hearing - Keith DiPietro - appeal of the Advisory
Agency's denial of a tentative subdivision map (proposed
negative declaration regarding environmental impact), AP
39-52-18, 15 lots located an the east side of Durham-
Dayton Highway and lying north of and adjacent to the
Durham Unified School District property, Durham area.
(2459) (HEARING CONTINUED CLOSED TO FEBRUARY 26, 1991)
91-39 Closed hearing - Langerwerf Dairy, Inc. - consideration
of a petition for immediate cancellation of a Land
Conservation Act Agreement (proposed negative declaration
with mitigation measures regarding environmental impacts}
on property zoned A-5 (agricultural -five acre parcels} ,
property located an the north side of Durham-Dayton
Highway, approximately 2800 feet east of Esquon Road,
identified as AP 040-140-002 and 071, east of Durham.
(2515 )
MOTION: ACCEPT THE RECOMMENDATIONS OF STAFF MEMORANDUM
DATED DECEMBER 19, 1990; AND (A} FIND THAT:
(1} AN INITIAL STUDY HAS BEEN COMPLETED IN
COMPLIANCE WITH CEQA.; (2) SAID STUDY AND
COMMENTS RECEIVED THEREON IDENTIFIED
POTENTIALLY SIGNIFICANT ENVIRONMENTAL EFFECTS
THE PROJECT MAY HAVE HAD, BUT: (a} REVISIONS
IN THE PROJECT PLANS OR PROPOSALS MADE BY OR
AGREED TD BY THE APPLICANT WOULD AVOID SUCH
EFFECTS OR MITIGATE SUCH EFFECTS TO A POINT
WHERE CLEARLY NO SIGNIFICANT ENVIRONMENTAL
EFFECTS WOULD OCCUR; AND (b) THERE IS NO
SUBSTANTIAL EVIDENCE BEFORE THE COUNTY THAT
THE PROJECT AS REVISED MAY HAVE A SIGNIFICANT
EFFECT ON THE ENVIRONMENT.; (3) THAT THE
CANCELLATION TS FOR LAND ON WHICH A NOTICE OF
NON-RENEWAL HAS BEEN SERVED PURSUANT TO SECTION
51245. SUCH A NOTICE OF NON-RENEWAL HAS SEEN
SERVED, AND STAFF HAS CONFIRMED THIS FACT. AS
REQUIRED BY LAW, THE LANGERWERFS SUBMITTED
ALONG WITH THE NOTICE A PROPOSAL FOR A SPECIFIC
ALTERNATE USE CONSISTING OF A SUBDIVISION OF
THIRTY PARCELS OF APPROXIMATELY FIVE ACRES
EACH.; (4} THAT CANCELLATION IS NOT LIKELY TO
RESULT IN THE REMOVAL OF ADJACENT LANDS FROM
AGRICULTURAL USE. LANDS TO THE EAST ARE
BASICALLY SCABLANDS SUITABLE ONLY FOR SEASONAL
GRAZING. THE PROPOSED DEVELOPMENT OF
LANGERWERF PROPERTY SHOULD NOT IMPACT THAT USE,
AND IT APPEARS THAT .THE SOILS THERE ARE
INADEQUATE TO SUPPORT RESIDENTIAL USE WITHOUT
A COMMUNITY SEWER SYSTEM. LANDS TO THE NORTH
(I.E., THE SKILLEN SUBDIVISION) ARE ALREADY
SUBDIVIDED INTO FIVE ACRE PARCELS AND ARE IN
THE PROCESS DF BEING DEVELOPED AS SUCH. LANDS
Page 38
January 29, 1991
January 29, 1991
91-39 TO THE WEST ARE IN AGRICULTURAL USE, BUT SOME
HAVE MADE APPLICATION TO SUBDIVIDE. THERE IS
A NATURAL BARRIER BETWEEN THE SUBJECT PARCEL
AND THE PROPERTY TO THE WEST CONSISTING OF A
SLOUGH COMMONLY REFERRED TO AS "ROBBER'S
GULCH", BEING APPROXIMATELY FORTY FEET WIDE AND
OVERGROWN WITH SUBSTANTIAL VEGETATION.
CONDITIONS FOR DEVELOPMENT OF THE LANGERWERF
PARCEL HAVE BEEN PROPOSED TO INCLUDE A FIFTY
FOOT DEVELOPMENT SETBACK FROM ROBBER'S GULCH
WHICH, WHEN COMBINED WITH THE REQUESTED FIVE
ACRE PARCELS, SHOULD PROVIDE A SUFFICIENT
BUFFER BETWEEN THE CURRENT AGRICULTURAL USES
TO THE WEST AND THE PROPOSED DEVELOPMENT SUCH
THAT ONE COULD NOT SAY THAT THE PROPOSED
DEVELOPMENT IS LIKELY TO RESULT iN THE REMOVAL
OF LANDS TO THE WEST FROM AGRICULTURAL USE.
LANDS TO THE SOUTH OF THE SUBJECT PROPERTY ARE
ACROSS DURHAM-DAYTON HIGHWAY, WHICH AGAIN
PROVIDES A NATURAL BARRIER OR DIVISION IN THE
LAND USAGE. THE LAND SOUTH OF DURHAM-DAYTON
HIGHWAY iS ZONED A-40 AND IS DESIGNATED FOR
AGRICULTURAL USE SUCH THAT THE DEVELOPMENT OF
THIS PROJECT SHOULD NOT RESULT IN THE REMOVAL
OF THAT LAND FROM AGRICULTURAL USE.; (5) THE
CANCELLATION IS FOR AN ALTERNATIVE USE WHICH
TS CONSISTENT WITH THE APPLICABLE PROVISIONS
OF THE CITY OR COUNTY GENERAL PLAN. THE
PROPERTY CURRENTLY ZONED A-5 AND IS DESIGNATED
ON THE CURRENT BUTTE COUNTY GENERAL PLAN FOR
AGRICULTURAL/RESIDENTIAL USE. THE DURHAM-
DAYTON-NELSON STUDY PROPOSES FIVE ACRE PARCELS
FOR THIS PROPERTY. THUS, THE ALTERNATIVE USE
IS CONSISTENT BOTH WITH THE CURRENT GENERAL
PLAN AND WITH THE RESULTS OF AN INTENSIVE STUDY
OF POTENTIAL USES OF THIS LAND BY AREA
RESIDENTS.; (6} THAT CANCELLATION WILL NOT
RESULT IN DISCONTIGUOUS PATTERNS OF URBAN
DEVELOPMENT. THAT THE PROPOSED ALTERNATIVE USE
OF FIVE ACRE PARCELS DOES NOT RESULT IN "URBAN
DEVELOPMENT", BUT MAKES POSSIBLE FAMILY
ORIENTED, AGRICULTURAL, FARMING, AND LIVESTOCK
RAISING USES. THAT EVEN TF FIVE ACRE PARCELS
ARE DEEMED TO BE "URBAN DEVELOPMENT", THIS
USAGE WOULD BE CONTIGUOUS TO A DEVELOPMENT OF
SIMILAR DENSITY AND USE IMMEDIATELY TO THE
NORTH OF THE SUBJECT PROPERTY AND THAT IT WOULD
THUS NOT RESULT IN DISCONTTGUOUS PATTERNS OF
URBAN DEVELOPMENT.; (7} THAT THERE IS NO
PROXIMATE NONCONTRACTED LAND WHICH IS BOTH
AVAILABLE AND SUITABLE FOR THE USE TO WHICH IT
IS PROPOSED THE CONTRACTED LAND BE PUT, OR THAT
DEVELOPMENT OF THE CONTRACTED LAND WOULD
Page 39
January 29, 1991
January 29, 1991
91-39 PROVIDE MORE CONTIGUOUS PATTERNS OF URBAN
DEVELOPMENT THAN DEVELOPMENT OF PROXIMATE
NONCONTRACTED LAND. THERE ARE NO ALTERNATIVE
PARCELS IN THE PROXIMATE AREA OF THE SUBJECT
PROPERTY WHICH ARE BOTH AVAILABLE AND SUITABLE
FOR DEVELOPMENT INTO PARCELS OF FIVE ACRES OR
LARGER. THERE ARE 59 PARCELS IN THE AREA
BETWEEN THE SUBJECT PROPERTY AND LOTT ROAD
WHICH CONTAIN A TOTAL OF 279.85 ACRES, FOR AN
AVERAGE LOT SIZE OF 4.74 ACRES PER PARCEL. THE
LARGEST SUCH PARCEL TS 70 ACRES, IS ON VINA
LOAM, AND IS BEING UTILIZED FOR ALMOND
PRODUCTION. ALTHOUGH SUCH PROPERTY MIGHT BE
"SUITABLE" FOR DIVISION INTO FIVE ACRE PARCELS,
IT IS NOT "AVAILABLE" BECAUSE THE OWNERS INTEND
TO CONTINUE IT IN AGRICULTURAL PRODUCTION.
WITH TTS BETTER SOIL QUALITY, THAT DECISION IS
AS IT SHOULD BE. THE APPLICANT IS ADVISED THAT
THERE IS NO GENERAL AVAILABILITY OF FIVE ACRE
PARCELS IN THE DURHAM AREA, BUT THERE IS A
DEMAND FOR SUCH PARCELS. THIS PARCEL IS BETTER
SITUATED FOR THIS TYPE OF DEVELOPMENT, RATHER
THAN ALLOWING DEVELOPMENT ON A SMATTERING OF
OTHER PARCELS WHICH MIGHT BE AVAILABLE, BECAUSE
THE SOIL QUALITY ON THIS PARCEL IS SUCH THAT
IT WILL NOT ECONOMICALLY SUPPORT AGRICULTURAL
PRODUCTION OF ANY KIND. IT PROVIDES A STEP-
DOWN IN DENSITY BETWEEN THE PARCELS SMALLER
THAN FIVE ACRES TO THE WEST AND THE GRAZING
AND/OR M-1 USES SITUATED BETWEEN THE SUBJECT
PROPERTY AND THE FREEWAY TO THE EAST. THE
SUBJECT PROPERTY HAS GOOD ACCESS TO THE
FREEWAY, TO POTENTIAL JOBS IN THE M-1
DEVELOPMENT ALONG THE FREEWAY, AND BACK INTO
DURHAM PROPERTY; AS SUCH, TT WOULD PROVIDE FOR
A MORE ORDERLY CONTIGUOUS DEVELOPMENT THAN
HAPHAZARD DEVELOPMENT ON NONCONTIGUOUS PARCELS
WOULD PROVIDE, EVEN IF THEY WERE AVAILABLE.
(B) ADOPT A NEGATIVE DECLARATION WITH
MITIGATION MEASURES; AND (C) ADOPT A TENTATIVE
APPROVAL OF CANCELLATION OF THE LAND
CONSERVATION CONTRACT FOR THE LANGERWERF DAIRY
PROPERTY, (AP 040-140-022 AND 071) SUBJECT TO
THE FOLLOWING CONDITIONS: (1) CANCELLATION OF
THE LAND CONSERVATION ACT CONTRACT FOR
LANGERWERF DAIRY IS SUBJECT TO THE PAYMENT OF
CANCELLATION FEES IN THE AMOUNT OF $40,000 AS
DETERMINED BY THE BUTTE COUNTY ASSESSOR
PURSUANT TO CHAPTER 7, ARTICLE 5, SECTION 5].283
OF THE GOVERNMENT CODE., (2) TF THE FEE
DESCRIBED IN CONDITION NO. 1 IS NOT PAID WITHIN
ONE YEAR OF THE DATE OF THIS ACTION (BY JANUARY
29, 1992) THE FEE SHALL BE RECOMPUTED AS OF THE
Page 40
January 29, 1991
January 29. 1991
91-39 DATE OF NOTICE OF DESCRIBED IN CONDITION 4.
PURSUANT TO GOVERNMENT CODE SECTION
51283.4(x),, (3) CONCURRENT WITH THE FILING OF
A CERTIFICATE OF CANCELLATION, THE OWNER, OR
HIS HEIRS, SUCCESSOR, OR ASSIGNS, SHALL RECORD
A FINAL SUBDIVISION MAP WITH CONDITIONS
NECESSARY TO ACCOMMODATE THE PROPOSED
ALTERNATIVE USE. THOSE CONDITIONS SHALL
INCLUDE: (a) PROVIDE A 50 FOOT NO-DEVELOPMENT
SETBACK FROM ALL AREAS OF CREEK SIDE RIPARIAN
HABITAT. (M), AND (b) PAY DEVELOPER FEES AS
REQUIRED TO OFF-SET INCREMENTAL EFFECTS ON ALL
PUBLIC SERVICES INCLUDING FIRE, POLICE,
SCHOOLS, PARKS, ROADS, AND DRAINAGE. (4) THE
LANDOWNER SHALL NOTIFY THE BOARD OF SUPERVISORS
WHEN HE HAS SATISFIED THE CONDITIONS ENUMERATED
IN THE CERTIFICATE OF TENTATIVE CANCELLATION
PURSUANT TO GOVERNMENT CODE SECTION 512$3.4(b).
WITHIN 30 DAYS OF RECEIPT OF SUCH NOTICE, AND
UPON A DETERMINATION THAT THE CONDITIONS HAVE
BEEN SATISFIED, THE BOARD OF SUPERVISORS SHALL
EXECUTE A CERTIFICATE OF CANCELLATION OF
CONTRACT AND CAUSE THE SAME TO BE RECORDED.
(5 ) IF THE LANDOWNER HAS BEEN UNABLE TO SATISFY
THE CONDITIONS ENUMERATED TN THE CERTIFICATE
OF TENTATIVE CANCELLATION, THE LANDOWNER SHALL
NOTIFY THE BOARD OF SUPERVISORS, PURSUANT TO
GOVERNMENT CODE SECTION 51283.4(c), OF THE
PARTICULAR CONDITIONS HE IS UNABLE TO SATISFY.
WITHIN 30 DAYS OF RECEIPT OF SUCH NOTICE, AND
UPON A DETERMINATION THAT THE LANDOWNER IS
UNABLE TO SATISFY THE CONDITIONS LISTED, THE
BOARD OF SUPERVISORS SHALL EXECUTE A
CERTIFICATE OF WITHDRAWAL OF TENTATIVE APPROVAL
OF A CANCELLATION OF CONTRACT AND CAUSE THE
SAME TO BE RECORDED. HOWEVER, THE LANDOWNER
SHALL NOT BE ENTITLED TO THE REFUND OF ANY
CANCELLATION FEE PAID.
S M
VOTE: 1 Y 2 Y 3 Y 4 NP 5 Y (Unanimously Carried)
91-40 Closed hearing - Robert Heimann - consideration of an
appeal of the Advisory Agency's denial of x tentative
subdivision map (proposed negative declaration with
environmental mitigations), AP 42-61-46, two lots,
property located on the northerly side of Bidwell Avenue
and lying approximately 200 feet south of the southerly
end of Brandonbury Lane, Chico area. (2"710)
MOTION: MOVE THAT (1) THE ALUC AND THE PLANNING
COMMISSION HAVE FOUND THAT 1/2 ACRE RESIDENTIAL
PARCELS IN THIS AREA ARE A COMPATIBLE LAND
USE, AND THIS BOARD HAS APPROVED 1/2 ACRE
Page 41
January 29, 1991
January 29, 1991
91-40 ZONING FOR THE SAID AREA.; (2) ONE OF THE LOTS
TO BE CREATED IS ,52 ACRES IN SIZE AND ALREADY
IMPROVED WITH A RESIDENCE, AND THE OTHER LOT
TO BE CREATED IS .41 ACRES IN SIZE, NOT
INCLUDING ANY PORTION OF BIDWELL AVENUE.; (3)
THE PARCELS TO BE CREATED ARE CONTIGUOUS TO
MUCH SMALLER SUBDIVISION LOTS TO THE NORTH AND
EAST AND CAN SERVE AS A BUFFER BETWEEN THEM AND
THE PROPERTIES TO THE SOUTH AND CLOSER TO
RANCHERO AIRPORT.; {4) IN VIEW OF THE ABOVE
FINDINGS, IT IS FURTHER FOUND THAT CREATION OF
THE TWO PARCELS IN QUESTION IS NOT INCOMPATIBLE
WITH THE RANCHERO AIRPORT LAND USE PLAN; (5)
THE COUNTY OF BUTTE HAS CONDUCTED AN INITIAL
STUDY AND PREPARED A MITIGATED NEGATIVE
DECLARATION SO AS TO EVALUATE THE POTENTIAL OF
THIS PROJECT FOR ADVERSE ENVIRONMENTAL IMPACT.;
AND (6) THERE IS NO EVIDENCE BEFORE THE COUNTY
THAT THE PROJECT WILL HAVE POTENTIAL FOR
ADVERSE IMPACT ON WILD LIFE RESOURCES, AND THE
PROJECT IS HEREBY FOUND TO BE DE MINIMUS IN TTS
EFFECT ON WILD LIFE AND EXEMPT FROM THE STATE
FISH AND GAME FILING FEES REQUIRED BY SECTION
711.4 OF THE FISH AND GAME CODE. FINDING THAT
THE PROPOSED PROJECT CONFORMS TO THE BUTTE
COUNTY ZONING AND GENERAL PLAN, MOVE TO ADOPT
A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT
FINDING THAT THE PROPOSED PROJECT WILL NOT HAVE
A SIGNIFICANT IMPACT ON THE ENVIRONMENT, AND
MOVE TO UPHOLD THE APPEAL OF THE ADVISORY
AGENCY'S DENIAL OF THE TENTATIVE SUBDIVISION
MAP FOR ROBERT HEIMANN TO CREATE TWO PARCELS
ON AP 42-67.-46 AND APPROVE THE PROJECT FINDING
THAT APPROVAL OF THE PROJECT WILL NOT BE
DETRIMENTAL TO THE PUBLIC HEALTH, SAFETY AND
WELFARE PROVIDING THE REQUIRED CONDITIONS ARE
COMPLIED WITH. PUBLIC WORKS CONDITIONS 1-9
SHALL BE THE SAME AS THOSE STATED IN A LETTER
DATED OCTOBER 10, 1990, TO ROBERT AND NINA
HETMANN FROM THE BUTTE COUNTY SUBDIVISION
COMMITTEE. ENVIRONMENTAL HEALTH CONDITIONS 1-
6 SHALL BE THE SAME AS THOSE STATED TN AN
INTER-DEPARTMENTAL MEMORANDUM DATED
NOVEMBER 6, 1990 FROM ENVIRONMENTAL HEALTH TO
PUBLIC WORKS.
S M
MOTION: 1 Y 2 Y 3 Y 4 NP 5 Y {Unanimously Carried)
91-41 Consideration of a resolution of intention to provide
additional type of extended services (planning) within
County Service Area No. 87 (Keefer Road/Rock Creek
Drainage) - action requested - ADOPT RESOLUTION SETTING
A PUBLIC HEARING DATE FOR MARCH 5, 1991 AT 9;45 A.M.,
AND AUTHORIZE THE CHAIR TO SIGN.
Page 42 January 29, 1991
Januarv 29,_.1991
91--41 MOTION: MOVE TO ADOPT RESOLUTION 91.-15 TO PROVIDE
ADDITIONAL TYPE OF EXTENDED SERVICES (PLANNING)
WITHIN COUNTY SERVICE AREA 87, AND SET A PUBLIC
HEARING DATE FOR MARCH 19. 1991 AT 9:45 A,M.
M S
VOTE: l Y 2 Y 3 Y 4 NP 5 Y (Unanimously Carried)
91-42 Consideration of the preparation of planning objectives
within County Service Area 87 (Keefer Road/Rock Creek
Drainage) - action requested:
A. AUTHORIZE A PLANNING CONSULTANT TO BE RETAINED TO
OUTLINE SPECTFIC PLAN OBJECTIVES FOR THE CSA 87 AREA
AND PREPARE A COST ESTIMATE FOR PREPARING THE
SPECTFIC PLAN; AND
B. AUTHORIZE TRANSFER OF UP TO $5,000 FROM THE RESERVE
FOR CONTINGENCIES TO THE PLANNING DEPARTMENT BUDGET
FOR THIS PURPOSE SUBJECT TO THE CONDITION THAT IF
THE POWERS OF CSA NO. 87 ARE EXPANDED TO INCLUDE
PLANNING, THE CSA WILL MAKE REIMBURSEMENT FOR SUCH
EXPENDITURE; DR
C. AUTHORIZE THE PLANNING DEPARTMENT TO UTILIZE UP TO
$5,000 FROM ITS GENERAL PLAN UPDATE BUDGET FOR THIS
PURPOSE SUBJECT TO THE CONDITION THAT IF THE POWERS
OF CSA NO. 87 ARE EXPANDED TO INCLUDE PLANNING, THE
CSA WILL MAKE REIMBURSEMENT FOR SUCH EXPENDITURE.
MOTION: MOVE TO AUTHORIZE A PLANNING CONSULTANT TO BE
RETAINED TO OUTLINE SPECIFIC PLAN OBJECTIVES
FOR THE CSA 87 AREA AND PREPARE A COST ESTIMATE
FOR PREPARING THE SPECTFIC PLAN; AND AUTHORIZE
TRANSFER OF UP TO $5,000 FROM THE RESERVE FOR
CONTINGENCIES TO THE PLANNING DEPARTMENT BUDGET
FOR THIS PURPOSE SUBJECT TO THE CONDITION THAT
TF THE POWERS OF CSA NO. 87 ARE EXPANDED TO
INCLUDE PLANNING, THE CSA WILL MAKE
REIMBURSEMENT FOR SUCH EXPENDITURE; OR
AUTHORIZE THE PLANNING DEPARTMENT TO UTILIZE
UP TO $5,000 FROM ITS GENERAL PLAN UPDATE
BUDGET FOR THIS PURPOSE SUBJECT TO THE
CONDITION THAT IF THE POWERS OF CSA NO. 87 ARE
EXPANDED TO INCLUDE PLANNING, THE CSA WILL MAKE
REIMBURSEMENT FOR SUCH EXPENDITURE; AND APPOINT
A BOARD COMMITTEE OF SUPERVISORS CAMPBELL AND
DOLAN TO OVERSEE THE PREPARATION OF THE PLAN
OBJECTIVES AND COST ESTIMATE FOR CSA 87.
M S
MOTION: l Y 2 Y 3 Y 4 NP 5 Y (Unanimously Carried)
(SUSAN MINASIAN, COUNTY COUNSEL, PRESENT)
Page 43
January 29, 1991
January 29, 1991
91-43 Update by the Chief Administrative Officer on
Sacramento/legislative activities. (**00) (REPORT BY
WILLIAM H. RANDOLPH, CHIEF ADMINISTRATIVE OFFICER)
91-44 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.) (NONE)
91-45 Communications
Communications received and referred. (COPIES OF ALL
COMMUNICATIONS ARE AVAILABLE IN THE CLERK OF THE BOARD
OFFICE.)
a. James Paiva, c/o Jerry Layman Realty, Chico -
submits notice of nonrenewal under the Williamson
Act for AP 42-01-02, recorded February 17, 1977 -
action requested - REFER TO ASSESSOR AND PLANNING
DIRECTOR.
b. John Roth, Davis - writes regarding a tax
defaulted parcel, assessment no. 062-140-035-000,
located at Lake Madrone which was purchased at
auction on June 20, 1990 - action requested - REFER
TO COUNTY COUNSEL AND TREASURER-TAX COLLECTOR FOR
REPORT AND RECOMMENDATION.
c. Mary Andrews, Mayor, City of Chico -forwards notice
of a workshop for the purpose of considering and
adopting a City of Chico household recycling program
on Tuesday, February 12, 1991 at 7:30 p.m. in the
Council Chamber - action requested - ACCEPT FOR
INFORMATION.
91-46
CLOSED SESSION: The Board recessed to closed session
at 11:12 a.m. for matters of actual
litigation pursuant to Gavernment
Code Section 54956.9(a) (California
School Boards Association v. Gray
Davis, Controller, State of
California; County of Butte; and 57
other counties, and potential
litigation pursuant to Government
Code Sectian 54956.9(c) (Hauselt v.
County of Butte).
Page 44
January 29, 1991
.~.~
January__29_. 1991
J
f
91-46 RECONVENE: The Board reconvened at 11:47 a.m.
following a closed session for matters of
actual litigation pursuant to Government
Code Section 54956.9{a) (California School
Boards Association v. Gray Davis,
Controller, State of California; County
of Butte; and 57 other counties, and
potential litigation pursuant to
Government Code Section 54956.9(c)
(Hauselt v. County of Butte). (NO
ANNDUNCEMENTS)
ADJOURNMENT: There being nothing further before the
Board at this time, the meeting was
adjourned at 11:47 a.m. to reconvene at
9:00 a.m. on Tuesday, February 5, 1991.
ATTEST:
WILLIAM H. RANDOLPH, Chie
and Clerk of tha Board
By:
Page 45
January 29, 1991