HomeMy WebLinkAboutM013189January 31, 198.9_
Call to order - Board of Supervisors room, County
Administration Building, 25 County Center Drive,
Oroville. Supervisors Dolan, Mclnturf, Vercruse and
Chairman Fulton present. Martin J. Nichols, chief
administrative officer; Susan Roff, county counsel; and
Carol Roach, assistant clerk to the Board. Not present:
Supervisor McLaughlin.
Pledge of allegiance to the Flag of the United States of
America.
89-44 Items removed from the Consent Agenda for Board
consideration and action.
1. Robert Crisan, Chico - files a claim in an amount
exceeding 510,000 as result of alleged injuries and
damages sustained on or about August 3, 1988
alleging wrongful termination from employment -
action requested - REJECT CLAIM AND REFER TO COUNTY
COUNSEL AND RISK MANAGEMENT.
2. Sheriff's vehicle acquisition ~- as part of the
budget process the Board of Supervisors approved an
appropriation of 5100,000 for the acquisition of a
fleet of vehicles for the Sheriff ' s Department . The
deadline for ordering vehicles is February 14, 1989.
There are a number of financing methods which can
be used and authorization is requested to solicit
proposals necessary to evaluate alternatives -
action requested - AUTHORIZE THE TREASURER-TAX
COLLECTOR TO SOLICIT PROPOSALS FROM UNDERWRITERS,
BOND COUNSELS AND LEASING COMPANIES TO ASSIST THE
COUNTY IN FINANCIAL SHERIFF'S DEPARTMENT VEHICLES.
Page 26
January 31, 1989
Januarv 31, 188.9
3. Air pollution office space agreement - an agreement
has been prepared with Tracy Corp. covering the
rental of office space at 9287 Midway, Durham for
the Air Pollution Control District office. The
contract covers three years and is in the amount of
$600 per month plus negotiated improvements - action
requested - APPROVE AGREEMENT AND AUTHORIZE THE
CHIEF ADMINISTRATIVE OFFICER TO SIGN.
89-45
Consent A enda
1. Declaration of public nuisance - substandard
dwelling unit at 1310 Davis Street, Chico, AP 005-
39-5-012-0 - action requested - SET PUBLIC HEARING
DATE FOR FEBRUARY 28, 1989 AT 11:00 A.M.
2. County library donation - in accordance with
Government Code Section 25355, a donation has been
received for the Butte County Library Trust for the
purchase of books from Gridley Friends of the
Library, $1,000 - action requested - ACCEPT DONATION
AND AUTHORIZE LETTER OF APPRECIATION.
3. Land Conservation Act agreements - the Land
Conservation Act Committee recommends properties
for inclusion into the Williamson Act as follows:
Roberta and Carla Hammett, 409 acres; G.R.N. Co.,
146.03 acres; Sligar Farms, 180 acres; Sheldon and
Nancy Foster, 290 acres; Rystrom Farms, Inc., 72.64
acres; Church of Jesus Christ of Latter-Day Saints,
367.60 acres; Thomas and Marsha Martin, 27 acres;
Chicago Orchards, 357 acres; Meyer Farms, Inc., 456
acres; and Maxwell Ranch, Inc.. 160 acres (Meyer
Farms and Maxwell Ranch were submitted on one
application and the committee is recommending two
separate contracts and the payment of fees for the
second application) - action requested - APPROVE
CONTRACTS AND AUTHORIZE THE CHAIRMAN TO SIGN.
SUBJECT TO REVIEW BY COUNTY COUNSEL.
4. Leon McCaslin, attorney-at-law - on behalf of Danny
Mansfield, files a claim in excess of $250,000 as
result of alleged injuries and damages sustained
on or about November 11, 1988 involving the
Sheriff's Department - action requested - REJECT
CLAIM AND REFER TO COUNTY COUNSEL AND RISK
MANAGEMENT.
Page 27
January 31, 1989
January 31, 1989
5. Charles Ellis Alford, Chico - files a claim in the
amount of $50,000 as result of alleged damages
sustained on ar about July 20, 19$8 involving the
District Attorney's office - action requested --
REJECT CLAIM AND REFER TO COUNTY COUNSEL AND RISK
MANAGEMENT.
5. Gridley Memorial Hall rental rates - action
requested - INCREASE THE FEE FOR PUBLIC DANCES AND
WEDDING RECEPTIONS FROM $250 TO X300, WITH A $500
DEPOSIT AS RECOMMENDED BY THE COMMITTEE.
7. 19$7-88 Grand Jury audit - Coopers and Lybrand have
completed the following audits: County of Butte
Nontransit Funds, County of Butte Transit Fund (Fund
131), County of Butte General Purpose Financial
Statements, and Report to Management. In addition,
the Auditor has submitted audits of the municipal
courts as required by law - action requested -
ACCEPT THE AUDITS AND REFER TO THE ADMINISTRATIVE
OFFICER FOR COMMENTS FROM DEPARTMENTS.
8. Federal excess property agreement - an agreement
has been prepared with the State of California
covering federal excess property utilized by the
Butte County Fire Department through the Cooperative
Forest Assistance Act of 1978 - action requested --
ADOPT RESOLUTION 89-010 APPROVING THE AGREEMENT AND
AUTHORIZE THE CHAIRMAN TO SIGN.
9. Town of Paradise rural renaissance agreement - an
agreement has beeza prepared in the amount of $40, 000
covering the retention of an engineer to develop
descriptions and estimated cost for a proposed
central wastewater facility to serve the commercial
and industrial areas of the Town of Paradise -
action requested -APPROVE AGREEMENT AND AUTHORIZE
THE CHAIRMAN TO SIGN.
10. Joyce Lowery contract - an agreement has been
prepared covering the administration of the Homeless
Emergency Runaway Effort (HERE) in the amount of
$32,000 covering the period January 1, 1989 through
December 30, 1989 -- action requested - APPROVE
AGREEMENT AND AUTHORIZE THE CHAIRMAN TO SIGN.
Page 28
January 31, 1989
January 31, 1989
11. Butte County Schools agreement - the schools, in
conjunction with the Mental Health Department, have
developed a child and adolescent day treatment
program providing for psychotherapeutic services to
children and adolescents who require such services
so that they obtain maximum benefit from their
education program. The agreement is in the amount
of X118,305 and covers the period July 1, 1988
through June 30, 1989 -action requested - APPROVE
AGREEMENT AND AUTHORIZE THE CHAIRMAN TO SIGN.
MOTION: MOVE TO APPROVE THE CONSENT AGENDA WITH REMOVAL
OF ITEMS 3.06, 3.07 AND 3.14.
S M
VOTE: 1 Y 2 Y 3 Y 4 AB 5 Y (Unanimously carried}
Regular Actenda
89-46 Items removed from the Consent Agenda for Board
consideration and action.
~.. Robert Crisan, Chico - files a claim in an amount
exceeding $10,000 as result of alleged injuries and
damages sustained on ar about August 3, 1988
alleging wrongful termination from employment -
action requested - REJECT CLAIM AND REFER TO COUNTY
COUNSEL AND RISK MANAGEMENT.
MOTION: MOVE TO REJECT CLAIM PURSUANT TO SECTIONS 901
AND 911.2; 911.4 TO 912.2 INCLUSIVE; 946.6, AND
911.6 OF THE GOVERNMENT CODE; FAILURE TO COM~'LY
WITH SECTION 19996.1(a} OF THE GOVERNMENT CODE;
AND REFER TO COUNTY COUNSEL AND RISK
MANAGEMENT.
S M
VOTE: 1 Y 2 Y 3 Y 4 AB 5 Y {Unanimously carried}
(SUPERVISOR McLAUGHLIN PRESENT}
2. Sheriff's vehicle acquisition -- as part of the
budget process the Board of Supervisors approved an
appropriation of $100,000 for the acquisition of a
fleet of vehicles for the Sheriff's Department. The
deadline for ordering vehicles is February 14, 1989.
There are a number of financing methods which can
be used and authorization is requested to solicit
proposals necessary to evaluate alternatives -
action requested - AUTHORIZE THE TREASURER-TAX
COLLECTOR TO SOLICIT PR0I~OSALS FROM UNDERWRITERS,
BOND COUNSELS AND LEASING COMPANIES TO ASSIST THE
COUNTY IN FINANCING SHERIFF'S DEPARTMENT VEHICLES.
Page 29 January 31, 1989
Januarv 31, 1989
MOTION: MOVE FOR ACTION AS REQUESTED.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
3. Air pollution office space agreement - an agreement
has been prepared with Tracy Corp. covering the
rental of office space at 9287 Midway, Durham for
the Air Pollution Control District office. The
contract covers three years and is in the amount of
5600 per month plus negotiated improvements - action
requested - APPROVE AGREEMENT AND AUTHORIZE THE
CHIEF ADMINISTRATIVE OFFICER TO SIGN.
S M
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried}
8,~-47 Appointments - commissions and committees.
a. Appointments to committee vacancies. (319)
MOTION: MOVE TO REAPPOINT MELVIN E. RICHINS, AND
APPOINT TOM DONATI TO THE BUTTE COUNTY FAIR
BOARD FROM DISTRICT 4.
S M
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried}
MOTION: MOVE TO REAPPOINT GARY JUSTESON TO THE BUTTE
MOSQUITO ABATEMENT BOARD FROM DISTRICT 4.
S M
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y {Unanimously carried}
MOTION: MOVE TO REAPPOINT RAY GARNER, COMMUNITY ACTION
AGENCY; HUGH SANTOS, BUTTE COUNTY ECONOMIC
DEVELOPMENT CORPORATION AND INDUSTRIAL
DEVELOPMENT AUTHORITY OF BUTTE COUNTY; RANDALL
MELINE, FISH AND GAME COMMISSION; DON HEFFREN,
GRADING ORDINANCE REVIEW COMMITTEE; AND GERALD
CLEMMETSON, SURFACE MINING AGGREGATE COMMITTEE
FROM DISTRICT 4; AND DONALD RICHTER, GRADING
ORDINANCE REVIEW COMMITTEE FROM DISTRICT 1.
S M
VOTE: ~, Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
$~i-4S Report to the Board on the Alan and Mary Schroeder, Gunn
Development Agreement, AP 41-12-102 annual review (File
84-35C) - action requested - DISCUSSION. (444) (REPORT
BY BETTYE RIRCHER, DIRECTOR OF PLANNING) (REFER TO COUNTY
COUNSEL FOR A REPORT ON OPTIONS AVAILABLE TO THE BOARD
REGARDING THIS DEVELOPMENT)
Page 30
January 31, 1959
January 31, 1989
8~-49 1988-89 trial court funding - action requested:
a. ADOPT BUDGET TRANSFER B-81 TRANSFERRING 5181,000
FROM THE CONTINGENCY TO THE COURTS AND COUNTY CLERK
BUDGETS.
b. ADOPT RESOLUTION INCREASING THE LAW LIBRARY
COMPONENT OF THE FILING FEE FROM 57 TO $12. (NO
ACTION TAKEN)
c. WAIVE THE FIRST READING OF THE SALARY ORDINANCE
AMENDMENT ADDING EIGHT NEW POSITIONS TO THE COURTS
AND COUNTY CLERK BUDGETS.
d. APPROVE THE PURCHASE OF FIXED ASSETS. {632}
MOTION: MOVE TO ADOPT BUDGET TRANSFER B-81 TRANSFERRING
5181, 000 FROM THE CONTINGENCY TO THE COURTS AND
COUNTY CLERK BUDGETS; WAIVE THE FIRST READING
OF THE SALARY ORDINANCE AMENDMENT ADDING EIGHT
NEW POSITIONS TO THE COURTS AND COUNTY CLERK
BUDGETS; AND APPROVE THE PURCHASE OF FIXED
ASSETS.
M S
VOTE: 1 Y 2 Y 3 Y 4 Y ~ Y (Unanimously carried}
8~ 50 Closed hearing - dental element of the General Assistance
Standards of Aid and Care - action requested - CONSIDER
RESOLUTION IMPLEMENTING STANDARDS. (7~8)
MOTION: MOVE TO ADOPT RESOLUTION 89-011 IMPLEMENTING
THE DENTAL ELEMENT OF THE GENERAL ASSISTANCE
STANDARDS OF AID AND CARE.
S M
VOTE: 1 Y 2 Y 3 Y 4 Y 5 N (Motion Carried}
8~8-51 CLOSED SESSION: The Board recessed to closed session
at 9:38 a.m. for the purpose of a
personnel matter.
RECONVENE : The Board reconvened at 11:03 a . m . f olloyring
a closed session for the purpose of a
personnel matter. {NO ANNOUNCEMENTS)
Page 31
January 31, x.989
January 31, 1989
PUBLIC HEARINGS AND TIMED ITEMS
{NEIL McCABE, DEPUTY COUNTY COUNSEL REPRESENTING SUSAN
RDFF, COUNTY COUNSEL}
8~ -52 Public hearing - Butte County Planning Commission -
rezone from C-C {community commercial) to N-C
(neighborhood commercial) {proposed negative declaration
regarding environmental impact}, property located on the
east side of the Skyway between Perry Road and Woodward
Avenue and all of the Skyway Plaza Subdivision around
Lakeridge Circle, various AP#s, Paradise Pines. (File
89-9} {951)
MOTION: MOVE TO REZONE DESIGNATED COMMERCIAL AREAS IN
THE PARADISE PINES AREA AS SHOWN ON EXHIBIT A
ATTACHED TO THE PLANNING DEPARTMENT MEMORANDUM
TO THE BOARD OF SUPERVISORS DATED JANUARY 9,
1989, AND FIND THAT:
1. THE SKYWAY PLAZA WAS DESIGNED AS THE TOWN
SQUARE COMMERCIAL DISTRICT OF THE PARADISE
PINES DEVELOPMENT AND THAT IN RECENT YEARS
MULTI-FAMILY RESIDENTIAL DEVELOPMENT
PRESSURES HAVE MOUNTED, THREATENING THE
INTEGRITY AND VISION OF THE COMMERCIAL
DISTRICT;
2. THE CWC ZONE ALLOWS MULTI-FAMILY RESIDENTIAL
LAND USES AND DOES NOT ADEQUATELY IMPLEMENT
THE GENERAL PLAN;
3. THE N-C ZONE DOES NOT ALLOW MULTI-FAMILY
RESIDENTIAL DEVELOPMENT IN COMMERCIAL ZONES
THUS RELIEVING THE PARADISE PINES COMMERCIAL
DISTRICT FROM MULTI-FAMILY RESIDENTIAL
DEVELOPMENT PRESSURES AND PRESERVING
DESIGNATED AREAS FOR COMMUNITY COMMERCIAL
PURPOSES AS ORIGINALLY PLANNED;
4. THE PLANNING COMMISSION HAS CONSIDERED
TESTIMONY AND EVIDENCE SUBMITTED ON THE
PROPOSED REZONE AT PREVIOUS PUBLIC HEARINGS
IN RENDERING ITS RECOMMENDATION TO THE BOARD
OF SUPERVISORS;
5. THE REQUIREMENTS OF THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT HAVE BEEN
COMPLETED AND CONSIDERED IN MAKING THIS
DECISION AND ADOPT A NEGATIVE DECLARATION;
Page 32
January 31, 1989
January 31, 1989
6. THE PROPOSED REZONE CONFORMS TO THE
POLICIES , INCLUDING THE TEXT AND MAP , AND
GOALS OF THE BUTTE COUNTY GENERAL PLAN
BECAUSE IT FACILITATES A BETTER USE OF THE
LAND FOR THESE TIMES; AND
ADOPT ORDINANCE 2731 REZONING TO N-C
{NEIGHBORHOOD COMMERCIAL) THAT PROPERTY
IDENTIFIED ON EXHIBIT A (BUTTE COUNTY PLANNING
COMMISSION.}
S M
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried}
~l
$,~-53 Agenda for February 7, 1989. ~$OARD OF SUPERVISORS
MEETING OF FEBRUARY 7, 1989 CANCELED}
Communications
n
8f8-5~4 Communications
COMMUNICATIONS
OFFICE.}
a. Michael V.
Emerald C.
amend the
requested
received and referred. (COPIES OF ALL
ARE AVAILABLE IN THE CLERK OF THE BOARD
Sexton, attorney-at--l.aw, on behalf of
Kiwi, petitions the Board to correct and
Sycamore Valley Subdivision Map - action
- REFER TO COUNTY COUNSEL.
b. State Controller's Office - writes confirming
receipt of the Board of Supervisors resolution
opting into the Trial Court Funding Program from
January 1, 1989 through June 30, 1989 - action
requested _ INFORMATION ONLY.
Page 33
January 31, 1989
~,,...
January 31,___1.989
C
5~-55 Pub3.ic 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.) (1202)
a. Donna Hawk~.nsr Paradise Pines - rezoning at Faradise
Pines.
ADJOURNMENT: There being nothing further before the Board
at this time, the meeting was adjourned at
11:16 a.m. to reconvene nn Tuesday,
February 1~, 1989 at 9h 00 a.m.
Ch~~i.rman, Bo~dV bf Supervisors
ATTEST:
MARTIN J. NICHO S, Chief Administrative
Offi er and CI k of the Board
By: ~-'
Page 34
January 31, 1989