HomeMy WebLinkAboutM020690February 6, 1990
Call to order - Board of Supervisors room, County
Administration Building, 25 County Center Drive,
Oroville. Supervisors Dolan, Fulton, Mclnturf and
Chairman McLaughlin. Supervisor Vercruse not present.
William H. Randolph, chief administrative officer; Neil
McCabe, acting county counsel; and Carol Roach, assistant
clerk to the Board.
Pledge of allegiance to the Flag of the United States of
America.
90-55 Items removed from the consent agenda for Board
consideration and action.
~.. Land Conservation Act agreement - the Land
Conservation Act Committee unanimously recommends
denial of a request for a change in a contract for
Richard and Lisbeth Harter, based on the fact the
request would not be compatible with the acreage
required to get into the Williamson Act for grazing
land of 160 acres, the property is not under
intensive field crop type of cultivation or
irrigated pasture as required by Resolution 68-7,
Hating that the Committee historically has
recommended against approving a contract
inconsistent with the historic existent land use -
action requested - DENY REQUEST. (CONTINUED TO
FEBRUARY 13, 1990)
90-56 Consent A enda
1. Approval of minutes - action requested - APPROVE
MINUTES OF JANUARY 23, 1990.
2. Budget transfers - action requested - APPROVE BUDGET
TRANSFERS B-94 (COURT WORK REFERRAL PROGRAM), B-99
(PLANNING), B-101 (NORTH COUNTY MUNICIPAL COURT),
B-102 (PUBLIC DEFENDER), AND B~-103 (NORTH COUNTY
MUNICIPAL COURT).
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February 6, 1990
February 6, 1990
90-56 3. County library donations - in accordance with
Government Code Section 25355, a donation of $300
has been received from Gridley Friends of the
Library for the Butte County Library trust fund
for books - action requested - ACCEPT DONATION AND
AUTHORIZE LETTER OF APPRECIATION.
4. County library donations - in accordance with
Government Code Section 25355, a donation of $2,500
has been received from the Gridley Friends of the
Library for the Butte County Library trust fund for
continuing operations - action requested - ACCEPT
DONATION AND AUTHORIZE LETTER OF APPRECIATION.
5. Donation of equipment - Company 37 (Concow}
Volunteer Fire Company _ has offered to the County
a Maytag heavy duty large capacity washer, model #LA
105 (serial no. 205863-VR}, Maytag heavy duty dryer,
model #LD 3313 (serial no. 429565 VJ) , RCA 20" color
television, model F20590HG (serial no. 919270919},
Pioneer chain saw, model Partner P42, and RCA VCR
(serial no. 634906804} - action requested - ACCEPT
DONATIONS.
6. Appointment to Assessment Appeals Board - action
requested - APPOINT E. W. "TONY" GEHRINGER AS AN
ALTERNATE MEMBER TO SERVE UNTIL SEPTEMBER 7, 1992.
7. Appointment to County Commission on Aging - action
requested - APPOINT GLENN P. HAMILTON TO SERVE AS
THE REPRESENTATIVE OF DISTRICT 1 UNTIL DECEMBER 31,
1992.
8. Appointment to Richvale Sanitary District - action
requested - REAPPDINT DENNTS THENGVALL TO SERVE
UNTIL NOVEMBER 26, 1993.
9. Land Conservation Act agreements - the Land
Conservation Act Committee recommends properties for
inclusion into the Williamson Act as follows: B.
W. Farms General Partnership, 420 acres; Jahn, Dan
and Cathleen Grzanich, 52+ acres; Wurlitzer Land and
Farming, 4.36 acres; and Christopher Harley, 103
acres - action requested - APPROVE CONTRACTS AND
AUTHORIZE THE CHAIRMAN TO SIGN SUBJECT TO REVIEW BY
COUNTY COUNSEL.
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February 6, 1990
February 6, 1990
90-56 10. Land Conservation Act agreement modification - Rudd
Farming - requests a modification of their Land
Conservation Act contract - action requested - FIND
WITH THE LAND CONSERVATION ACT ADVISORY COMMITTEE
AND APPROVE THE REQUEST TO MODIFY THE LAND
CONSERVATION ACT CONTRACT FOR RELEASING AND
REPLACING OF PROPERTY INTO THE WILLIAMSON ACT.
11. Walter Ray Daugherty, Palermo -files a claim in an
unspecified amount as a result of alleged injuries
and damages sustained on or about June 12, 1989 in
an accident on Stimson Lane between Cax Lane and
Highway 99 - action requested - REJECT CLAIM AND
REFER TO COUNTY COUNSEL AND RISK MANAGEMENT.
12. Kris Wayne Nikolauson, Magalia - files a claim in
the amount of $75,000 as a result of alleged
injuries and damages sustained on or about June 26,
1989 in an incident at the North County Municipal
Court, Chico -- action requested - REJECT CLAIM AND
REFER TO COUNTY COUNSEL AND RISK MANAGEMENT.
13. William Vickrey, Oroville - files a claim in the
amount of $25, 000 as a result of alleged injuries
and damages sustained on or about August 21, 1989
as a consequence of actions of the Public Works
Department Building Inspection Division - action
requested - REJECT CLAIM AND REFER TO COUNTY COUNSEL
AND RISK MANAGEMENT.
14. Mental Health Department computer equipment - Board
authorization is requested to purchase an IBM PS/2
model 55, 60 meg hard disk, $2,706; an IBM model
8513 color monitor, $472; an internal modem (2400
baud), $200; an TBM DOS version 4.0, $110; Lotus ~-
2-3, release 3, $330; Wordperfect, version 5.1,
$251; and 386 To-the-Max memory management software,
$72 plus tax. A budget transfer is being prepared
to provide the necessary appropriation -- action
requested -~ AUTHORIZE THE PURCHASE OF FIXED ASSET
ITEMS.
15. Public Works Department - Board authorization is
requested to acquire a 30,000 pound capacity, above-
ground, vehicle lift in the maximum amount of
$12,000 to supplement their existing hydraulic lift
which was installed almost 30 years ago. Sufficient
funds remain in the department's equipment
acquisition budget to provide the necessary
appropriation - action requested - AUTHORIZE
PURCHASE OF FIXED ASSET ITEM.
Page 45 February b, 1990
February 6.__1990
90-56 16. Salary ordinance amendment - proposed is an
ordinance changing the title of District Attorney's
Chief Investigator to District Attorney's Chief
Investigator/Administrator and assigning a salary
range of 98 to the position, and assigning a salary
range of 95 to the classification of District
Attorney's Supervising Investigator. The funding
source is the existing department budget - action
requested - WAIVE THE SECOND READING AND ADOPT
ORDINANCE 2817.
17. Salary ordinance amendment - Public Works
inspector - a classification study conducted of the
position of engineering technician II, range 44,
indicates tasks appropriate to the classification
of Public Works inspector, which is utilized in many
public agencies. The equivalent position in Butte
County is assistant civil engineer, range 47. The
funding source is from within the department
budget - action requested - WAIVE THE FIRST READING
OF THE ORDINANCE.
18. 1988-89 AIDS Education Project - all activities
have been accomplished and all invoices paid under
contract no. 88-94166 - action requested - APPROVE
CONTRACTOR'S RELEASE FORM AND AUTHORIZE THE CHAIRMAN
TO SIGN.
19. Chico Industrial Medical Center - proposed is a
contract to provide medical evaluation of persons
admitted to the Butte County Mental Health
Psychiatric Health Facility on a daily basis. The
term of the contract is January 1, 1990 through
June 30, 1990 in the maximum amount of $45,000 -
action requested - APPROVE CONTRACT AND AUTHORIZE
THE CHAIRMAN TO SIGN SUBJECT TO APPROVAL OF THE
AUDITOR-CONTROLLER AND COUNTY COUNSEL.
20. Anne Osborn contract -the contract provides special
counseling in the schools under the Primary
Intervention Project (PIP), a grant from the State
Department of Mental Health. The term of the
contract is February 5, 1990 through June 30, 1990
in the maximum amount of $1,920 - action requested -
APPROVE CONTRACT AND AUTHORIZE THE CHAIRMAN TO SIGN
SUBJECT TO APPROVAL OF THE AUDITOR-CONTROLLER AND
COUNTY COUNSEL.
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February 6, 1990
February 5, 199p
90-56 21. Anne Osborn contract - the contract provides
assessment and counseling services for
children/youth. The term of the contract is
February 5, 1990 through June 30, 1990 in the
maximum amount of $12,650 - action requested -
APPROVE CONTRACT AND AUTHORIZE THE CHAIRMAN TO SIGN
SUBJECT TO APPROVAL OF THE AUDITOR-CONTROLLER AND
COUNTY COUNSEL.
22. Butte County Historical Society - the historic homes
committee is requesting Board approval for an
applicatz.on to the State Historical Resources
Commission for the inclusion of the historic Fagan
House in Gridley on the State list of points of
historical interest - action requested - APPROVE
APPLICATION AND AUTHORIZE THE CHAIRMAN TO SIGN.
MOTION: MOVE TO APPROVE THE CONSENT AGENDA WITH THE
REMOVAL OF ITEM 3.10.
S M
VOTE: 1 Y 2 Y 3 NP 4 Y 5 Y {Unanimously Carried)
(INTRODUCTION BY CHAIRMAN McLAUGHLIN OF LT. LARRY
THURMAN, OROVILLE AREA COMMANDER, CALIFORNIA HIGHWAY
PATROL)
Recrular Actenda
90-57 Appointments - commissions and committees.
a. Appointments to committee vacancies. (REFER TO
MINUTE ORDER NO. 90-67)
90-58 Consideration of request from Streamminders for a
resolution of the Board of Supervisors endorsing an
application for a grant from Department of Water
Resources for bank protection on Lindo Channel - action
requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIRMAN
TO SIGN. (258)
MOTION: MOVE TO ADOPT RESOLUTION 90-24 AND AUTHORIZE
THE CHAIRMAN TO SIGN.
S M
VOTE: 1 Y 2 Y 3 NP 4 Y 5 Y (Unanimously Carried)
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February 6, 1990
February 6, 1990
90-59 Closed hearing - Posada Way Investors, Pete Giampaoli -
appeal of the Planning Commission's requirement for an
environmental impact report on a rezone from PA-C
(planned area cluster} to R-3 (residential} for property
located at the southwest corner of Joshua Tree Road and
Posada Way intersection, identified as AP 007-310-008,
009, 010, 011, Chico. (347)
MOTION: MOVE TO FIND THAT THE PROPOSED REZONE AND
ASSOCIATED REQUIREMENT FOR EXPANSION OF CHICO'S
SEWER SERVICE DISTRICT WILL NOT HAVE A
SIGNIFICANT EFFECT ON THE ENVIRONMENT BECAUSE:
1. THE PROPOSED SEWER LINE EXTENSION IS NOT
A TRUNK LINE AND WILL ONLY SERVE A LIMITED
AREA.
2. THE PARCELS TO BE SERVED BY THE SEWER ARE
SURROUNDED BY EXISTING DEVELOPMENT AND THE
SEWER EXTENSION WILL NOT ALTER EXISTING
OR PROPOSED LAND USE ZN THE AREA.
3. THE PROJECT WILL NOT INDUCE SUBSTANTIAL
GROWTH OR CONCENTRATION OF POPULATION IN
AN AREA NOT ALREADY DEVELOPED.
4. THE BUTTE COUNTY LAND USE ELEMENT
DESIGNATES THE PARCELS IN THIS PROJECT
HIGH DENSITY RESIDENTIAL AND A PUD ZONE
FOR 45 DWELLING UNITS HAS BEEN PREVIOUSLY
APPROVED ON SITE.
FURTHER FIND THAT THERE IS NO SUBSTANTIAL
EVIDENCE OF CUMULATIVE IMPACTS BECAUSE:
1. THIS PROJECT IS SEPARATE, DIFFERENT IN
CHARACTER AND, FACTUALLY DISTINGUISHABLE
FROM OTHER PROJECTS REQUIRING EXPANSION
OF THE SEWER SERVICE DISTRICT.
UPHOLD THE APPEAL FOR THE REQUIREMENT TO
PREPARE AN EIR ON THE POSADA WAY INVESTORS
REZONE PROJECT (AP 007-310-008, 009, 010, 011)
AND FIND THAT THE REQUIREMENTS OF CEQA HAVE
BEEN MET AND THAT A NEGATIVE DECLARATION WITH
REGARDS TO ENVIRONMENTAL IMPACTS IS
APPROPRIATE.
S M
VOTE: 1 Y 2 Y 3 NP 4 Y 5 Y (Unanimously Carried)
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February 6, 1990
Februar 6 1990
90-60 Mike and Dot Renwick - use permit to allow a child care
facility, property located on the northwest corner of
Upper Palermo Road and Wheeler Avenue, AP 36-28-32,
Palermo - consideration of request for a waiver of Butte
County Code Section 24-48.6 which requires the applicant
"must sign the use permit within thirty (30} days of
expiration of the appeal period." (433)
MOTION: MOVE TO MAKE THE NECESSARY FINDING OF
REASONABLE CAUSE FOR AN EXTENSION OF THE 30 DAY
TIME PERIOD, AND THE ONE YEAR PERIOD TO RUN FOR
12 MONTHS FROM OCTOBER 2, 1989.
M S
VOTE: l Y 2 Y 3 NP 4 Y 5 Y (Unanimously Carried}
94-61 Consideration of fiscal crisis strategies complementary
to filing under Chapter 9, Federal Bankruptcy Cade -
action requested - ADOPT STRATEGY AS RECOMMENDED BY THE
CHIEF ADMINISTRATIVE OFFICER. (775}
MOTION: MDVE TO ADOPT FISCAL CRISIS STRATEGY AS
RECOMMENDED BY THE CHIEF ADMINISTRATIVE
OFFICER.
S M
VOTE: 1 Y 2 Y 3 NP 4 Y 5 Y (Unanimously Carried)
RECESS: 10:01 A.M.
RECONVENE: 10:15 A.M. (SUPERVISOR DOLAN NOT PRESENT)
90--62 Consideration of request from the Tehama County Board of
Supervisors far appointment of a Butte County
representative to participate in the formulation of a
unified solution to counties' fiscal problems. (1683)
(SUPERVISOR DOLAN PRESENT)
MOTION: MOVE TO APPOINT SUPERVISOR DOLAN AS THE
REPRESENTATIVE OF BUTTE COUNTY.
S M
VOTE: l Y 2 Y 3 NP 4 Y 5 Y (Unanimously Carried}
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February 6, 1990
February 6, 1990
90--63 Report from Personnel Director on personnel management
issues in the Sheriff's Office. (2020} (REPORT BY EARL
ECKERT, PERSONNEL DIRECTOR ON TARGET DATES FOR COMPLETION
OF CLASSIFICATION STUDIES IN THE SHERIFF'S DEPARTMENT AS
FOLLOWS: CLERICAL PERSONNEL, MARCH, 1.990; INVESTIGATORS
WITHIN THE DEPARTMENT, APRIL, 1990; AND REMAINING
EMPLOYEES WITHIN THE DEPARTMENT (EXCLUDING BAILIFFS,
DISPATCHERS, RECORDS AND IDENTIFICATION TECHNICIANS AND
ASSISTANT SHERIFFS WHICH HAVE ALREADY BEEN COMPLETED),
END OF JUNE, 1990.
90-64 Salary ordinance amendment - a classification study
revealed that the position of veterans' service officer
is lagging by 47.9 percent behind the mean of counties
surveyed and in comparison of internal relations, lagging
26.4 percent. Proposed is an increase in salary range
from 32 to 42 (25 percent) to be funded from within the
department budget - action requested - WAIVE THE FIRST
READING OF THE ORDINANCE. (2100)
MDTZON: MOVE TO WAIVE THE FIRST READING OF THE
ORDINANCE.
M S
VOTE: 1 Y 2 Y 3 NP 4 Y 5 Y (Unanimously Carried)
90-65 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 TF TT TS NOT
LISTED ON THE AGENDA.) (2255) (NONE)
90-66 CLOSED SESSION: The Board recessed to closed session
at 10:30 a.m. for the purpose of a
personnel matter and actual
litigation of Myers v. County of
Butte pursuant to Government Code
Section 54956.9(a). (2060)
RECONVENE: The Board reconvened at 10:55 a.m.
following a closed session on two
personnel matters and additional matters
of actual litigation not previously
announced of Organ v. Dolan, Jones v.
County of Butte (jail litigation} , and the
McMahon case (mandates) pursuant to
Government Code Section 54956.9(a).
(2313)
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February 6, 1990
February 6, 1990
Re ular A enda
90-67 Appointments ~- commissions and committees.
MOTIONS MOVE TO REAPPOINT SUPERVISOR DOLAN AS
REPRESENTATIVE OF THE SACRAMENTO RIVER WILDLIFE
AND RIPARIAN HABITAT MANAGEMENT COUNCIL.
S M
VOTE: 1 Y 2 Y 3 NP 4 Y 5 Y (Unanimously Carried)
Communications
90-68 Communications received and referred. (COPIES OF ALL
COMMUNTCATTONS ARE AVAILABLE IN THE CLERK OF THE BOARD
OFFICE.)
a. Reclamation District No. 833, Gridley - writes
requesting clarification of position of funds on
deposit with the County if bankruptcy is declared --
action requested .» REFER TO ADMTNTSTRATTVE OFFICE.
ADJOURNMENT: There being nothing further before the
Board at this time, the meeting was
adjourned at 10:58 a.m. to reconvene on
Tuesday, February 13, 1990 at 9:00 a.m.
~~
Chairman, Boa
ATTEST:
4
of Supervisors
WILLIAM H. RANDO P~i, Chief Administrative Officer
and C~.erk of th Board
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February 6, 1990