HomeMy WebLinkAboutM020988~~..:..
February 9. 1988
Call to order - Board of Supervisors room, County Administration
Building. 25 County Center Drive, Oroville. Present: Supervisors
Dolan, Fulton, McLaughlin, Vercruse and Chairman McInturf.
Martin J. Nichols, chief administrative officer; Susan Roff. county
counsel; and Carol Roach. deputy clerk of the Board.
Pledge of allegiance to the Flag of the United States of America.
88-79 Items removed from Consent Agenda for Board consideration and
action.
1. Report to the Board -Butte County Planning Commission --
proposed negative declaration regarding environmental impact and
denied rezone to establish a watershed protection zone on
property zoned RT-1 {minimum density residential - mobile home};
S-R (suburban residential); N-C {neighborhood commercial); "U"
(unclassified}; M-1 (light industrial); P-Q (public/quasi-
public); TPA-150 (timber preserve - 160 acre parcels); TM-5, 10,
2fl and 40 (timber mountain -five, 10, 20 and 40 acre parcels);
and FR-3, 5, ifl and 2fl {foothill recreational - three, five, 10
and 20 acre parcels? property located within the Concow Lake
Watershed Basin, on both sides of Concow Road from 1/2 mile
south of the Concow Lake Dam to approximately one mile north of
the Concow Road, Utah Mine Raad intersection in the Concow Lake
area, north of Oroville (File 88-13) -action requested -
INFORMATION ONLY.
88-80 Consent Agenda (4fl)
1. Approval of minutes - action requested -APPROVE MINUTES OF
JANUARY 26, 1988.
2. Budget transfers - action requested - APPROVE BUDGET TRANSFERS
B-105 (CIVIL DISASTER), B-lOS (PUBLIC HEALTH), B-107 (FARM
ADVISOR), AND B-108 (PUBLIC GUARDIAN).
3. Appointments to Gridley Memorial Hall Committee - action
requested - APPOINT TIM X. TOKUNO, VFW POST 5731; SAM H. McKEY,
VFW POST 5731; PAUL A. MARURI, AMERICAN LEGION POST 210;
GEORGE H. ALCOCK, GRIDLEY ROTARY CLUB; AND RAY L. ROBERTS, NORTH
VALLEY SENIOR DANCE GROUP FOR TERMS TO EXPIRE DECEMBER 31, 1988.
Page 26 February 9, 1988
February 9 1988
4. Appointments to Durham Memorial Hall Committee - action
requested - APPOINT HUGH WELLS, MILTON WILLADSEN,
FARRELL HAMILTON, JERRY MORRISON, VERNON ELLS, AND JACK COON
(ALTERNATE) REPRESENTING DURHAM AMERICAN LEGION POST 673 FOR
TERMS TO EXPIRE DECEMBER 31, 198$.
5. Report to the Board -Leo Frericks - proposed negative
declaration regarding environmental impact and denied rezone
from "U" (unclassified) to FR-10 (foothill recreational -ten
acre parcels) property located approximately 1/4 mile east of
Stringtown, Road, approximately one mile north of Hurleton Road,
identified as AP 72-26-112, east of Oroville - action
requested - INFORMATION ONLY.
6. Report from Planning Director on letter from Chico Westside
Farmers regarding the green line -action requested -
INFORMATION ONLY. (from 1/12/$8)
7. Randolph Gary Hall, Chico -files a claim in the amount of
$S,ODfl as a result of alleged injuries and damages sustained on
or about November 13, 1987 at the Butte County Jail -action
requested -REJECT CLAIM AND REFER TO COUNTY COUNSEL AND RISK
MANAGEMENT.
8. Jack D. Wood, attorney at law - on behalf of Brian Dawson, files
application far leave to present late claim and claim in the
amount of $5,000 as a result of alleged injuries and damages
sustained on or about October 1, 1987 while incarcerated in the
Butte County Jail -action requested -DENY APPLICATION TO
PRESENT LATE CLAIM.
9. Civil Disaster multi-channel base station - Board authorization
is requested to acquire a multi-channel base station with scan
and DTMF at an estimated cost of 51,200• Budget transfer B-105
has been prepared to provide the necessary appropriation -
actian requested - APPROVE AC¢UTSTTTON OF FIXED ASSET ITEM.
10. Oroville Public Health Office carpeting - Board authorization is
requested to purchase and install carpet at the Health Office
located at 2430 Bird Street, Oroville in the estimated amount of
$4,000. Budget transfer B-1flb has been prepared to provide the
necessary appropriation - action requested - AUTHORIZE
INSTALLATION OF CARPETING.
11. Public Guardian computer terminal -Board authorization is
requested to acquire an additional Wyse terminal in the
estimated amount of $525. Budget transfer B-108 has been
prepared to provide the necessary appropriation -APPROVE
ACQUISITION OF FIXED ASSET ITEM.
Page 27
February 9, 1988
February ~ 1988
12. Penalty abatement request -change of ownership report - action
requested - AENY PENALTY ABATEMENT REQUEST AS RECOMMENDED BY
CHIEF ADMINISTRATIVE OFFICER.
13. Mental Health malpractice self insurance - a resolution has been
prepared to establish a Mental Health malpractice self insurance
internal service fund to account for purchased malpractice
insurance and self insured deductible - action requested - ADOPT
RESOLUTION 88-013 AND AUTHORIZE THE CHAIRMAN TO SIGN.
14. Butte County Fair budget - fair budget transfer 1987-1 has been
prepared providing for an adjustment to the final budget far
calendar year 1987. The fair budget for 1988 has been
prepared - action requested - APPROVE BUDGET TRANSFER 1987-1 AND
THE BUTTE COUNTY FAIR BUDGET FOR 1988, AND REQUEST THE FAIR
MANAGEMENT TO CONTINUE TO KEEP THE AUDITOR INFORMED OF FAIR
FINANCIAL POSITION; AND DIRECT THE AUDITOR AND FAIR MANAGEMENT
TO BRING REQUESTS FOR LOANS FROM THE GENERAL FUND TO THE GENERAL
FUND WHEN AND IF REQUIRED AND TO NOTIFY THE BOARD SHOULD A FUND
BALANCE DEFICIT APPEAR LIKELY.
15. Ordinance amending Butte County Code Sections 4-1.5, 4-1.6 and
4-11 relating to animal control provisions - action requested -
WAIVE TAE SECOND READING AND ADOPT ORDINANCE 2660.
16. Salary ordinance amendment -the ordinance reclassified
positions in the District Attorney's Office as follows: two
legal stenographer clerk positions to legal secretary T, and a
vacant district attorney's investigator TI/T position to
district attorney supervising investigator - action requested -
WAIVE THE FIRST READING OF THE ORDINANCE,
17. Project agreement - forest development road cooperative
agreement (Little John timber sale) - an agreement has been
prepared with the U. S. Forest Service providing for
improvements to Humboldt Road, Skyway, and Humbug Summit Raad as
part of timber sales with no county funds involved -action
requested -APPROVE AGREEMENT AND AUTHORIZE THE DIRECTOR OF
PUBLIC WORKS TO SIGN ON BEHALF OF THE COUNTY.
18. Paradise Unified School District agreement - an agreement has
been prepared with the district in an amount not to exceed
$4,000 wherein the Mental Health Department of Alcohol and Drug
Services will be expanding prevention services to the district.
Term of the agreement is from October 1, 1987 through June 30,
198$ -action requested -APPROVE AGREEMENT, AUTHORIZE THE
CHAIRMAN TO SIGN AND AUTHORIZE APPROPRIATION OF THE MONIES TO
THE MENTAL HEALTH BUDGET.
Page 28
February 9, 1988
February ~ 1988
19. Chief Deputy County Counsel hiring -Board authorization is
requested to hire two individuals up to the "E" step of the
salary range - action requested - AUTHORIZE ADVANCE STEP HIRING.
20. U.. S. Forest Service land exchange - a joint resolution
concerning the transfer of Forest Service property in the
vicinity of Paradise Reservoir has been prepared supporting the
Paradise Irrigation District, Town of Paradise and Paradise
Recreation and Park District to enter into land acquisition
discussions that a local agency acquire the land to be
exchanged - action requested - ADOPT JOINT RESOLUTION 88-014 AND
AUTHORIZE THE CHAIRMAN TO SIGN.
MOTION: TO APPROVE THE CONSENT AGENDA WITH THE REMOVAL OF ITEM
3.06.
M S
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
Reoular Agenda
s8-a1
88-82
Items removed from the Consent Agenda for Board consideration and
action. (5$)
1. Report to the Board -Butte County Planning Commission -
proposed negative declaration regarding environmental impact and
denied rezone to establish a watershed protection zone on
property zoned RT-1 (minimum density residential - mobile home};
S-R (suburban residential}; N-C (neighborhood commercial}; "U"
(unclassified); M-1 (light industrial); P-Q (public/quasi-
public}; TPZ-160 (timber preserve - 160 acre parcels}; TM-5, 10,
20 and 40 (timber mountain - five, 10, 20 and 40 acre parcels};
and FR-3, 5, 10 and 20 (foothill recreational - three, five, 10
and 20 acre parcels} property located within the Concow Lake
Watershed Basin, on both sides of Concow Road from 1/2 mile
south of the Concow Lake Dam to approximately one mile north of
the Concow Road, Utah Mine Road intersection in the Concow Lake
area, north of Oroville (File 88-13} -action requested -
INFORMATION ONLY.
MOTION: MOVE TO ACCEPT FOR INFORMATION ONLY.
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
Appointments - commissions and committees. (135}
a. Appointments to Emergency Medical Care Committee.
MOTION: MOVE TO APPOINT TO THE EMERGENCY MEDICAL CARE COMMITTEE
MIKE HOYD, R.N., EMT/MICN TRAINING; LT. JAMES MILLER, LAW
ENFORCEMENT; JOHN BLACKLOCK, PUBLIC MEMBER; AND
TERRANCE PRAYERS, M.D., MEDICAL SOCIETY.
Page 29 February 9, 1988
February 9t 1988
b. Appointments to committee vacancies. (NONE MADE)
88-83 Consideration of repealing acarine mite quarantine ordinance.
(DIRECTIONS TO STAFF TO BRING THIS MATTER BACK BEFORE THE BOARD
AFTER THE APPOINTMENT OF THE NEW AGRICULTURAL COMMISSIONER FOR THE
POSSIBLE ESTABLISHMENT OF A COMMITTEE CONSISTING OF THE AGRICULTURAL
COMMISSIONER; A MEMBER OF THE BUTTE COUNTY BOARD OF SUPERVISORS;
AND REPRESENTATIVES OF BUTTE COUNTY'S ALMOND GROWERS AND BEEKEEPERS
WHO ARE RESIDENTS OF BUTTE COUNTY RECOGNIZING THAT THERE ARE REAL
PROBLEMS THAT NEED TO BE RESOLVED IN JULY OR AUGUST PRIOR TO HARVEST
SO EVERYONE KNOWS WHERE THEY STAND AND CAN START MAKING PLANS FOR
NEXT YEAR'S POLLINATION PERIOD.} (1$0}
RECESS: 9:56 A.M.
RECONVENE: 10:13 P.M.
88-84 Report by the Chief Administrative Officer on special funding
options for libraries - action requested - CONSIDER SELECTION OF
LONG TERM FUNDING OF LIBRARIES. (SUPERVISORS DOLAN AND/OR VERCRUSE
TO MEET WITH THE COALITION TO SAVE THE LIBRARY TN CHICO; ALL OPTIONS
FOR FUNDING ARE BEING CONSIDERED; AND CONTINUE TO BOARD AGENDAS OF
FEBRUARY 23, 1985 AND MARCH 1, 1988. BOARD GRANTS CHIEF
ADMTNTSTRATTVE OFFICER AUTHORITY TO DISCUSS THE SALES TAX FOR ROADS
WITH CITY MANAGERS) (1696) **(00)
RECESS: 11:21 A.M.
RECONVENE: 11:30 A.M.
88-85 Report by the Chief Administrative Officer an the 1987-88 financial
status and the forecast for fiscal year 1988-89 - action requested -
ADOPT 198$-89 BUDGET POLICY. (1031}
MOTION: MOVE TO ADOPT REVENUE AND EXPENDITURE FORECAST AND
AUTHORIZE THE CHIEF ADMINISTRATIVE OFFICER TO PREPARE THE
1988-89 PROPOSED BUDGET ACCORDING TO THESE POLICIES.
M S
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
88-85 Request for Board interpretation of "agricultural uses and
buildings" as used in the Butte County zoning ordinance under S-H
(scenic highway) zone. (1850)
MOTION: MOVE TO FIND THAT A WOOD LOT IS NOT AGRICULTURAL; AND
RECOMMEND THE OWNER OBTAIN A USE PERMIT Tfl ALLOW A WOOD LOT
ON THE SOUTHERLY 60 FEET OF THE PROPERTY; OR RELOCATE THE
USE TO AN APPROPRIATE ZONE.
N S
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried}
Page 30
February 9, 1988
,1
i
February 9 1988
88-87 Consideration of support for Senator Nielsen's proposal recommending
the Governor appoint a blue ribbon commission on the county-state
government relationship. (1950)
MOTION: MOVE TO AUTHORIZE A LETTER Tp GOVERNOR DEUKMEJIAN
SUPPORTING SENATOR NIELSEN'S PROPOSAL FOR A COMMISSION ON
COUNTY-STATE RELATIONSHIPS, AND AUTHORIZE WITHIN THAT
LETTER THAT SENATOR NTELSEN BE ENCOURAGED TO CONSIDER
AMENDING HIS PROPOSAL TO ESTABLISH A PERMANENT AND FUNDED
STATE ADVISORY COMMISSION ON INTERGOVERNMENTAL RELATIONS.
M S
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried}
88--88 Amendment No. 2 Schroder and Mueller Public Defender contract - the
amendment provides for extraordinary expenses, pursuant to contract,
in the defense of Pauline Gilliam, Michael Kenneth McMaster. and
Suzanne B. Smith. The amount of the contract is for $1,700, $1,600
and 51.700 per month respectively for each defendant. Budget
transfer B-115 has been prepared transferring monies from the
appropriation for contingencies to cover the cost of the contract -
action requested -APPROVE CONTRACT AMENDMENT, AUTHORIZE THE
CHAIRMAN TO SIGN AND APPROVE BUDGET TRANSFER B-115. (2050)
MOTION: MOVE TO APPROVE CONTRACT AMENDMENT, AUTHORIZE THE CHAIRMAN
TO SIGN AND APPROVE BUDGET TRANSFER B-115.
M S
VOTE: 1 Y 2 Y 3 N d N 5 Y (Motion failed}
(STAFF DIRECTED TO OBTAIN VERIFIABLE DOCUMENTATION ON EXACTLY HOW
MONEY WHICH HAS BEEN ALLOCATED TO THE PUBLIC DEFENDER CONTRACT HAS
BEEN SPENT WITHIN THE FIRM. AND RESUBMIT THIS MATTER TO THE BOARD,)
RECESS: 12:10 P.M.
RECONVENE AT 1:53 P.M. TN THE PERSONNEL TRAINING ROOM DUE TO A POWER
OUTAGE IN THE BOARD OF SUPERVISORS ROOM. (NO TAPE}
88-89 Closed hearing - Webb Homes - on behalf of G. J. and D. A. Heimann
and Joyce A. Storz, appeal of Condition No. 4 (Construct one-half
street and 12 toot section on Bidwell Avenue to RS-2-A road standard
with vertical curb, gutter and sidewalks and 2" AC, 8" AB, SC 25fl
prime, fog seal and 95~ relative compaction. Submit design to
County Department of Public Works. "R" value determinations and
other data may be required to support section design.}. Condition
No. 18 (Provide a letter or other documentation from City of Chico
stating that they are willing and able to supply sewer service to
the subdivision.}, Condition No. 19 (Place a note on the map that
states, "Development of parcels with the subdivision will require
connection to a public sanitary sewer."), and Condition No. 21
Page 31
February 9, 1988
February 9 1988
{Connect the existing dwelling to public sewer.) on Heimann
tentative subdivision map, AP 42-15-1b, 25, 27, 28 {portion), 11
lots, property located on the north side of Bidwell Avenue
approximately 660 feet east of the north-south portion of Bidwell
Avenue, Chico area. {LETTER FROM APPELLANT HAYING BEEN RECEIVED
REQUESTING WITHDRAWAL OF APPEAL; NO ACTION RE¢UIRED.)
88-90 Closed hearing - Sierra West Surveying - on behalf of Dick Wrobel,
appeals the Advisory Agency's Condition No. 2 {Provide two-way
traversable access RS-B-LDTV to each parcel from a county maintained
road or state highway.) on tentative parcel map, AP 58-33-16, two
parcels, property located approximately 250 feet south of Hoffman
Road approximately 0.8 mile west of Concow Road, Concow area.
MOTION: MOVE TO UPHOLD THE APPLICANT'S APPEAL OF CONDITION NO. 2 AS
PLACED BY THE ADVISORY AGENCY AT THEIR MEETING OF
DECEMBER 28, 19$7. THE CONDITION TS CHANGED TO REQUIRE THE
WORK STATED TN THE MEMORANDUM DATED FEBRUARY 8, 19$8 FROM
THE DIRECTOR OF PUBLIC WORKS TO THE BOARD OF SUPERVISORS.
THIS MOTION IS MADE FINDING THAT THE CHANGE WILL NOT BE
DETRIMENTAL TO THE HEALTH AND SAFETY OF THE PEOPLE RESIDING
TN THE AREA.
S M
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y {Unanimously carried)
88-91 Closed hearing -Sierra West Surveying - on behalf of Thomas
Steffen, appeals the Advisory Agency's Condition No. 1 {Frontage on
Jackson Street and Virginia Street to be constructed to RS-2-D
standard i.e. curb, gutter, sidewalk and required street section for
parcels with gross acreage of one acre or less. Submit drainage
plans to the Department of Public Works for approval and install
required facilities.) on tentative parcel map, AP 05-414-15 and AP
05-40-08 {portion), two parcels, property located on the southeast
corner of Virginia Street and Jackson Street, Chapmantown area.
MOTION: MOVE TO UPHOLD APPEAL AND REQUIRE APPLICANT TO ENTER TNT4
AGREEMENT ATTACHED AS EXHIBIT A AND INCORPORATED HEREIN BY
REFERENCE WITH COUNTY WHERE$Y FULL ROAD FRONTAGE
IMPROVEMENTS AND OTHER NECESSARY IMPROVEMENTS WILL BE
INSTALLED IN ACCORA WITH STANDARDS ADOPTED IN THE
CHAPMANTOWN SPECIFIC PLAN. IMPROVEMENTS TO BE INSTALLED
IMMEDIATELY AFTER SPECIFIC PLAN TS ADOPTED.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y {Unanimously carried)
88-92 Closed hearing - A & Q Engineering - on behalf of Lowell Pierce and
Jim Black, appeal of Condition No. 7 {Construct full street section
on West 12th Avenue from project boundary to Fern Avenue to RS-3-C
geometric standard. Minimum structural section to be 2" AC and 8"
Page 32
February 9, 1988
February 9L 1988
AB SC 250 prime fog seal and 95~ relative compaction. Submit design
to County Department of Public Works for approval. "R" value
determinations and other data may be required to support section
design.) on tentative subdivision map, AP 43-01-76, T7, 78, 51 lots,
property bordered on the west by Southern Pacific Railroad and
bordered on the north by West Lindo Avenue, Chico area.
MOTION: MOVE TO DENY APPLICANT'S APPEAL AS TO FUBLIC WORKS
CONDITION NO. 7 AND TO INCLUDE AS PART OF THE CONDITION
THAT THE ROADS WITHIN THE SUBDIVISION BE DESIGNED TO
PROVIDE FOR ALIGNMENT WITH W. 11TH AVENUE AND W. 12TH
AVENUE.
M S
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
88-93 Public comment. {PRESENTATIONS MILL 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 OAF THE AGENDA.}
Gien Miller, Concow - re Chief Administrative Officer's letter in
the Chico Enterprise Record letters to the editor column.
Nell Lind, Oraville - re Chief Administrative Officer's letter in
the Chico Enterprise Record letters to the editor column.
88-94 CLOSED SESSION: The Board recessed at 2:02 p.m. to hold a closed
session on litigation pursuant to Government Code
Session 54956.9{a); Orland Ingraham v. County of
Butte, No, 91253; Richard Anderson v. County of
Butte; Glen Organ v. County of Butte, No. 95241
and personnel matters.
RECONVENE: The Board reconvened at 3:19 p.m. following a closed
session regarding litigation. {NO ANNOUNCEMENTS MADE)
*~* {Ofl}
8$-95 Communications received and referred. {COPIES OF ALL COMMUNICATIONS
ARE AVAILABLE IN THE CLERK OF THE BOARD OFFICE.}
a. Federal Emergency Management Agency - writes forwarding
information concerning the inclusion of property within the Sheep
Hollow Wash area of Chico as part of Butte County's flood hazard
boundary map and requests comments if changes are to be made.
(REFERRED TO PU$LIC WORKS FOR REVIEW AND COMMENT, IF NECESSARY.}
Page 33
February 9, 1988
February 9~ 1988
ADJOURNMENT: There being nothing further before the Board at this
time the meeting was adjourned at 3:24 p.m. to reconvene on Tuesday,
February 23, 1988 at 9:04 a.m.
ATTEST:
MARTIN J. NTCHOLS, Administrative
Offic and erk of the Board
By:
Chairman. Board of S visors
Page 34
February 9, 1988