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HomeMy WebLinkAboutM021489 February 14, 1989 Ca11 to order - Board of Supervisors room, County Administration Building, 25 County Center Drive, Oravi].le. Supervisors Dolan, Mclnturf, McLaughlin, 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 Vercruse. Pledge of allegiance to the Flag of the United States of America. 89-56 Consent A enda 1. Approval of minutes - action requested - APPROVE MINUTES OF JANUARY 24, 1989 AND JANUARY 31, 1989. 2. Budget transfers - action requested - APPROVE BUDGET TRANSFERS 8-88 {MENTAL HEALTH), B-89 {PERSONNEL), B-90 (FARM ADVISOR), AND B-91 {COUNTY COUNSEL). 3. Formation of Caunty Service Area No. 115 {Pearman Subdivision) - the Butte County Local Agency Formation Commission has approved the formation of CSA 115 to provide for the maintenance and upkeep of the street lighting and storm drainage system for Pearman Court Subdivision - action requested - ADOPT RESOLUTION 89- 012 SETTING A PUBLIC HEARING FOR MARCH 21, 19$9 AT 11:00 A.M. 4. County library donations - in accordance with Government Cade Section 25355, donations have been received for the Butte County Library Trust for the purchase of books as follows: $100 from DAV Auxiliary, Paradise Chapter #106, $1,500 from Paradise Friends of the Library, $250 from Sons of Norway, $250 from Pilot Club of Oroville, Inc., and four donations totaling $1.740 from Chico Friends of the Library - action requested - ACCEPT DONATIONS AND AUTHORIZE LETTERS OF APPRECIATION. Page 35 February 14, 1989 ~~' Februarv 14s 1989 5. Appointments to Biggs Memorial Hall Committee - action requested - APPOINT RAY VALVERDE, JOHN BUSITYHEADs FRANK MATHAUSER, RICHARD SHIRLEY, ANTONIO AIRISA AS REGULAR MEMBERS AND JERE REYNOLDS, DON NUCHOLS, AND GEORGE GOODWIN AS ALTERNATES TO SERVE UNTIL DECEMBER 31, 1989. 6. Appointment to Community Action Agency - action requested - APPOINT JEAN SHANE AS THE DISTRICT 5 REPRESENTATIVE TO SERVE UNTIL DECEMBER 31, 1992. 7. Appointment to Air Pollution Control Hearing Board - action requested - REAPPOINT JON ANDERSON AND DR. WILLIAM COATS. 8. Kyte Subdivision - the developers have provided a savings passbook to guarantee construction of roads within one year of approval of the subdivision by the Board of Supervisors, AP 36-54-22, six lets, property located on both sides of Hunter Drive, approximately 150 feet north of Hunter Lane, Oraville area - action requested - AUTHORIZE THE CHAIRMAN TO SIGN THE ASSIGNMENT AS SECURITY SECOND ENDORSEMENT FOR ASSIGNMENT OF SAVINGS PASSBOOK ACCOUNT. 9. Final map - Pistachio Grove Estates Subdivisions Phase I - the developer has provided letters of credit to guarantee construction of improvements within one year for the one lot subdivision, AP 42-15-05 & 19, property located on the south side of West Sacramento Avenues 400 feet west of Skylark Drive, Chico area - action requested - APPROVE THE FINAL MAP; ACCEPT EASEMENTS AS GRANTED IN ITEM 1 OF THE OWNER`S STATEMENT ON BEHALF OF THE PUBLIC; ACCEPT GRANT IN FEE SIMPLE WEST SACRAMENTO AVENUE AS OFFERED IN ITEM 2 OF THE OWNER' S STATEMENT; AND AUTHORIZE THE CHAIRMAN TO SIGN THE SUBDIVISION AGREEMENT. 10. Final map - Pistachio Grove Estates Subdivisions Phase II - the developer has provided letters of credit to guarantee construction of improvements within one year on the 15 lot subdivision, AP 42-15-05 & 19, property located an the south side of West Sacramento Avenues 400 feet west of Skylark Drive, Chico area - action requested - APPROVE THE FINAL MAP; ACCEPT EASEMENTS AS GRANTED IN ITEM 1 OF THE OWNER'S STATEMENT ON BEHALF OF THE PUBLIC; ACCEPT GRANT IN FEE SIMPLE WEST SACRAMENTO AVENUES WESTGATE COURTS AND ONE FOOT NO ACCESS STRIPS AS OFFERED TN ITEMS 2 AND 3 OF THE OWNER'S STATEMENT; AND AUTHORIZE THE CHAIRMAN TO SIGN THE SUBDIVISION AGREEMENT. Page 3b February 14s 1989 ~... - February 14, 1989 11. J. D. Zink, attorney at law -- on behalf of Tracey L. Featherson, files a claim for alleged injuries and damages in the amount of S1Q0,00© as a result of an automobile accident occurring October 19, 1988 on Grand Avenue at its intersection with Third Street and north bound Highway 70 off ramp - action requested - REJECT CLAIM AND REFER TO COUNTY COUNSEL AND RISK MANAGEMENT. 12. Public Works mobile radios - Board authorization is requested to purchase seven mobile radio units in the estimated amount of $3,504 to replace similar items of equipment throughout the course of the year. Sufficient savings exist within the Public Works budget - action requested - AUTHORIZE PURCHASE OF FIXED ASSET ITEMS. 13. Public Works air purification and regulation equipment - Board authorization is requested to purchase the equipment which consists of a filter panel, calibration gas cylinder and calibration test valve in the estimated amount of $950 which is used to filter and monitor the fresh air being supplied to workers fresh air helmets. Sufficient savings exist within the department's equipment budget - action requested - AUTHORIZE PURCHASE OF FIXED ASSET ITEMS. 14 . Investments information report - the T r e a s u r e r- T a x Collector submits the January 31, 1989 report in accordance with AB 103 and County's investment policy - action requested - ACCEPT FOR INFORMATION. 15. South County Municipal Court - discharge from accountability for collection for assessment - the Court submits 132 cases totaling $33,761.93 for discharge from accountability which is improbable because defendants have not been apprehended to date on a warrant of arrest but are assumed that eventually they will be cleared in order for the defendant to obtain a driver's license when there is a license due for renewal or after their eventual arrest on the warrant -action requested - AUTHORIZE DISCHARGE FROM ACCOUNTABILITY AS REQUESTED. 16. Butte County fair budget transfer 1988-1 -the budget transfer is in the amount of $32,041 which includes a transfer of $19,656 from the fair reserve - action requested -APPROVE TRANSFER AND AUTHORIZE THE CHAIRMAN TO SIGN, Page 37 February 14, 1989 ,~:' ~. . Februarv 14, 1989 17. North County Municipal Court {Paradise branch) revolving fund - a resolution has been prepared pursuant to the provisions of Government Code Sections 29320 et. seq. and 71267 increasing the revolving fund from $50 to $1D0 - action requested - ADOPT RESOLUTION 89-013 INCREASING THE REVOLVING FUND AND AUTHORIZE THE CHAIRMAN TO SIGN. 18. Salary ordinance amendment adding eight new positions to the courts and county clerk budgets - action requested - WAIVE THE SECOND READING AND ADOPT ORDINANCE 2732. 19. Salary ordinance amendment adding a supervising probation officer position which is temporary in nature pending the resolution of a present supervising probation officer's compensation/disability claim - action requested - WAIVE THE FIRST READING OF THE SALARY ORDINANCE. 20. Salary ordinance amendment implementing the reorganization of the building inspection division and adding two additional positions - action requested - WAIVE THE FIRST READING OF THE ORDINANCE. 21. Butte County Economic Development Corporation contract - an agreement has been prepared with the organization to provide economic development services to the County and administrative services to the grant covering the period January 1 through December 31, 1989 in the maximum amount of $53,500 - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIRMAN TO SIGN, SUBJECT TO REVIEW BY COUNTY COUNSEL. 22. California Water Association agreement - an agreement has been prepared with the organization in an amount not to exceed $3,000 to provide a habitat improvement study for waterfowl nesting at the Thermalito Afterbay - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIRMAN TO SIGN. 23. Bidwell Wildlife Nature Center agreement - an agreement has been prepared with the organization in an amount not to exceed $2,000 to provide care for injured birds and animals - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIRMAN TO SIGN. 24. USDA Forest Service {Plumas National Forest} agreement - an agreement has been prepared in an amount not to exceed $1,OD0 to provide a study of the peregrine falcon - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIRMAN TO SIGN. Page 38 February 14, 1989 r ._ February 14, 1989 25. USDA Forest Service (Plumas National Forest? agreement - an agreement has been prepared in an amount not to exceed 51.000 to provide a study of the spotted owls in the County - action requested ~ APPROVE AGREEMENT AND AUTHORIZE THE CHAIRMAN TO SIGN. 26. Butte County Association of Governments Memorandum of Understanding - the MOU between the Association of Governments, $utte County, and the Town of Paradise provides for carrying out Wark Element 27Q0 of BCAG's overall work program far transportation computer modelling - action requested - APPROVE MEMORANDUM OF UNDERSTANDING AND AUTHORIZE THE CHAIRMAN TO SIGN. 27. Automatic aid agreement - Town of Paradise - the agreement provides for update of a previous agreement covering fire protection automatic aid between the County and Town -action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHIEF ADMINISTRATIVE OFFICER TO SIGN. 28. Thomas Haber agreement - the agreement provides for family therapy services to the Child Protective Services unit of the Welfare Department in an amount not to exceed $3,000 covering the period January 1 through December 32, 1989 - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIRMAN TO SIGN. 29. Karen Knight agreement - the agreement provides for group therapy services to the Child Protective Services Unit of the Welfare Department in an amount not to exceed $9,950 covering the period January 1 through December 31, 19$9 - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIRMAN TO SIGN. 30. School District drug abuse prevention agreements - action requested - AUTHORIZE THE MENTAL HEALTH DIRECTOR TO SIGN PURCHASE OF SERVICE AGREEMENTS WITH SCHOOL DISTRICTS WHEREIN THE DISTRICTS CONTRACT WITH THE COUNTY TO PURCHASE DRUG ABUSE PREVENTION SERVICES. 3~.. William H. Spruance agreement - the agreement covers legal services rendered to the County -- action requested - APPROVE AGREEMENT AND TERMINATE FORMER AGREEMENT WITH MR. SPRUANCE'S LAW FIRM. Page 39 February 14, 1989 February 14, 1989 32. Social Service Workers Unit agreement - a tentative agreement has been reached between the County representatives and Butte County Employees Association whzch represents the Social Services Workers Unit - action requested - RATIFY THE 1988-89 AND 1989-90 AGREEMENT WITH BUTTE COUNTY EMPLOYEES ASSOCIATION FOR THE SOCIAL SERVICES WORKERS UNIT. 33. Advisory board members travel - authorization is requested for Mental Health Advisory Board members Jim Austin and Dick Ratledge to attend a training conference in San Francisco February 10-11, 1989 in the estimated amount $433 -- action requested - AUTHORIZE TRAVEL. MOTION: MOVE TO APPROVE THE CONSENT AGENDA. S M VOTE: 1 Y 2 Y 3 AB 4 Y 5 Y (Unanimously carried) (SUPERVISOR VERCRUSE PRESENT) 89-57 CLOSED SESSION: The Board recessed to closed session at 9:05 a.m. for the purpose of a personnel matter. RECONVENE: The Board reconvened at 10:06 a.m. following a closed session far the purpose of a personnel matter. {NO ANNOUNCEMENTS) (NEIL McCABE, DEPUTY COUNTY COUNSEL, REPRESENTING SUSAN ROFF, COUNTY COUNSEL) PUBLIC HEARINGS AND TIMED ITEMS 89-58 Public hearing - Amber Grove II {Webb Homes} - appeal of the Advisory Agency's dental of an appeal of a requirement of an environmental impact report on tentative vesting subdivision map, AP 06-60-05 {portion}, 114 lots, property located on the west side of Esplanade approximately 700 feet north of Shasta Avenue, Chico area. (64) {SUPERVISORS DOLAN AND VERCRUSE TO MEET WITH APPLICANT'S ATTORNEY CARL LEVERENZ TO SEE IF A MEETING WITH THE CITY CAN BE ARRANGED OVER THE BOARD'S CONCERNS FOR MITIGATIONS. PUBLIC HEARING CLOSED; HEARING CONTINUED TO FEBRUARY 28, 1989.} Page 40 February 14, 1989 r- February 14~ 1989 89-59 Public hearing - Sierra West Surveying on behalf of Barney Barnett - consideration of General Plan Amendment Pram commercial to low density residential and rezone (proposed negative declaration regarding environmental impact) from PUD (planned unit development} (originally PA-C - planned area cluster}, to AR-MH-1 (agricultural-residential, mobile home, one acre parcels), property located an the west side of Pentz Road, approximately 500- feet south of Wilderness Way, identified as AP 055-29-04044-0, Paradise. (970? MOTION: ACCEPT RECOMMENDATION OF STAFF MEMORANDUM DATED OCTOBER 25, 198$; AND FIND THAT: A. AN INITIAL STUDY WAS COMPLETED IN COMPLIANCE WITH CEQA. B. SAID STUDY AND COMMENTS RECEIVED THEREON IDENTIFIED POTENTIAL ENVIRONMENTAL EFFECTS THAT THE PROJECT MAY HAVE HAD, BUT: 1. THE POTENTIAL IMPACTS ARE DEPENDENT UPON THE NUMBER OF LOTS TO BE CREATED AND LOT DESIGN AND CAN NOT BE FULLY ADDRESSED AT THIS TIME, AND 2. PRIOR TO ANY ADDITIONAL DEVELOPMENT ON THE PROPERTY A TENTATIVE PARCEL MAP WILL BE REQUIRED AT WHICH TIME ALL ENVIRONMENTAL IMPACTS CAN BE MITIGATED. C. A PROPOSED NEGATIVE DECLARATION HAS BEEN COMPLETED IN COMPLIANCE WITH CEQA AND IS APPROVED AND ADOPTED. D. FIND THAT SAID NEGATIVE DECLARATION TOGETHER WITH ANY COMMENTS RECEIVED OR ANY PUBLIC VIEW PROCESS HAS BEEN REVIEWED AND CONSIDERED. E. FIND THAT THE PROPOSED GENERAL PLAN DESIGNATION CONFORMS WITH THE DESIGNATION OF SURROUNDING PROPERTIES, AND THE MAJORITY OF SITE DESIGNATION CRITERIA IN THE LAND USE ELEMENT, AND F. FIND THAT A REZONE TO AR-MH-1 ON THE PROPERTY IS COMPATIBLE WITH SURROUNDING ZONING DISTRICTS, LAND USES, AND PARCEL SIZES, AND G. ADOPT RESOLUTION 89-014 APPROVING A GENERAL PLAN AMENDMENT TO LOW DENSITY RESIDENTIAL ON AP 55-29-44 SPIN} (BARNEY BARNETT}, AND Page 41 February 14, 1989 February'___ 1_4_, 1989 H. ADOPT ORDINANCE 2733 REZONING TO AR-MH-1 THAT PROPERTY IDENTIFIED AS AP 55-29-44 (PTN} ALL OF LOT 1 RECORDED TN BOOK 109 , PAGE 79 AS SHOWN 2N THE OFFICE OF THE BUTTE COUNTY RECORDER. I. ADOPT RESOLUTION 89-015 APPROVING A CONDITIONAL ZONING AGREEMENT FOR THAT PROPERTY IDENTIFIED AS AP 55-29-44 (PTN} (BARNEY BARNETT? SUBJECT TO THE FOLLOWING CONDITION. 1. THAT THERE MUST BE ASSURANCE, IN WRITING WITH A WELL DEFINED TIME FRAME, THAT WATER WILL BE AVAILABLE FROM THE APPROPRIATE WATER DISTRICT, LIME SADDLE, OR ANOTHER APPROVED WATER SOURCE, PRIOR TO THE APPLICATION FOR A PARCEL MAP. S M VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried) 89-60 Public hearing - Clara Lamb - consideration of General Plan Amendment (proposed negative declaration regarding environmental impact) from grazing and open land to agricultural--residential an property zoned A-5 (agricultural, five acre parcels}, property located on the south side of La Porte Road at Kings Ranch Road approximately three miles southwest of Bangor, identified as AP 028-13-0-003, southeast Oroville. (101b} MOTION: ACCEPT THE RECOMMENDATIONS OF THE STAFF MEMORANDUM DATED NOVEMBER 30, 1988; AND FIND THAT A. AN INITIAL STUDY WAS COMPLETED IN COMPLIANCE WITH CEQA. B. SAID STUDY AND COMMENTS RECEIVED THEREON IDENTIFIED NO POTENTIALLY SIGNIFICANT ENVIRONMENTAL EFFECTS WHICH THE PROJECT MAY HAVE. C. FIND THAT THE ENVIRONMENTAL DOCUMENTS TOGETHER WITH ANY COMMENTS RECEIVED DURING THE PUBLIC REVIEW PROCESS HAVE BEEN REVIEWED AND CONSIDERED AND ADOPT A NEGATIVE DECLARATION; AND D. ADOPT RESOLUTION 89-014 APPROVING A GENERAL PLAN AMENDMENT TO AGRICULTURAL-RESIDENTIAL ON AP 028-13-03 (CLARA LAMB.) M S VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried} Page 42 February 14, 1989 f February 14, 1989 Regular Agenda 88-61 Items removed from the Consent Agenda for Board consideration and action. (NONE) 89-62 Appointments - commissions and committees. a. Appointments to committee vacancies. MOTION: MOVE TO REAPPOINT DON RICHTER TO THE SURFACE MINING AGGREGATE COMMITTEE FROM DISTRICT 1. M S VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried) 89-63 Ordinance amending Article I of Chapter 13 of the Butte County Code regarding standards and regulations of grading and Section 41-1 of the Butte County Code regarding code enforcement - action requested - WAIVE THE FIRST READING OF THE ORDINANCE, (1140) (CONTINUED TO FEBRUARY 28, 1989) PUBLIC HEARINGS AND TIMED ITEMS 89-64 Public hearing - A & Q Engineering on behalf of Laffins Investors appeal of the Advisory Agency's Public Works conditions No. 1. (Frontage on East Avenue and Highway 32 to be constructed to RS-2-A four lane 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., No. 4. (Provide permanent solution for drainage.), and No. $. (Frontage on Kennedy Avenue to be constructed to RS-2-A two lane standard with vertical curb, gutter and sidewalk.} on tentative parcel map (proposed negative declaration with environmental mitigation), three parcels, property located on the westerly side of East Avenue, south of Kennedy Avenue and north of Highway 32, identified as AP 42-08-59, Chico area. (1600) MOTION: MOVE TO DENY THE APPEAL, AND FURTHER RESTATE THAT THERE SHALL BE DEDICATION OF A ONE FOOT NO ACCESS STRIP ALONG THE HIGHWAY 32 AND EAST AVENUE FRONTAGES OF THE PROPERTY. M VOTE: 1 2 3 4 5 (Motion aiea for lack of second} (PUBLIC HEARING CLOSED; HEARING CONTINUED TO FEBRUARY 28, 1989) Page 43 February 14, 1989 r"~' Februar 14 1989 89-65 Public hearing - renaming of a private road from Heinz Way (Red Sky Lane to Indian Springs Road) to Blue Feather Road. (2460} MOTION: MOVE TO ADOPT RESOLUTION $9-016 RENAMING OF A PRIVATE ROAD FROM HEINZ WAY (RED SKY LANE TO INDIAN SPRINGS ROAD) TO BLUE FEATHER ROAD. 5 M VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried} 89-66 Public hearing - Bachman & Associates on behalf of Clarence V. Wood - appeal of the Advisory Agency's Public Works condition No. 5 (Frontage on The Esplanade to be constructed to R-2-A-4 lane standard, i.e., vertical 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,), and Health Department conditions No. 18 (Comply with the Nitrate Action Plan. Install sewer main in the streets for future sewer service.), No. 21 (In compliance with the Nitrate Action Plan, record a sewer service and/or storm drainage agreements.) and No. 22 (Place a note on the map that states: as a condition of septic tank permit issuance, sewer laterals shall be installed to the property line for future sewer service.) on the industrial subdivision by tentative parcel map (proposed negative declaration regarding environmental review), AP 06-~40-49, seven parcels on property located on both sides of Three Sevens Lane east of Esplanade, north Chico area. (2500) (**00) (PUBLIC HEARING CLOSED) MOTION: MOVE TO DENY THE APPEAL ON ALL OF THE CONDITIONS EXCEPT THOSE THAT CONCERN THE IMPLEMENTATION OF THE NITRATE ACTION PLAN; REFER THOSE ISSUES TO THE REGIONAL QUALITY BOARD FOR DETERMINATION OF EXEMPTION UNDER THE PROHIBITIDN; AND BRING TT BACK TO THE BOARD FOR CONSIDERATION. S M VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried) 89-67 Public hearing - confirmation of statement a£ expenses for demolition of substandard dwellings at 1242-44 Bruce Street, Chico, AP 005-3$1-005-0 and to authorize a lien be recorded for cost of those expenses. (275) MOTION: MOVE TO ADOPT RESOLUTION 89-017 CONFIRMING STATEMENT OF EXPENSES FOR DEMOLITION OF SUBSTANDARD DWELLINGS AT 1242-44 BRUCE STREET, CHICO, AP 005-381-005-0 AND TO AUTHORIZE A LIEN BE RECORDED FOR COST OF THOSE EXPENSES. Page 44 February 14, 1989 J February 14r 1989 M S VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y {Unanimously carried} 89-68 Public hearing -- John Morgan/Gunter Ranft - consideration of modification of a conditional zone to remove conditions: (1} restricting building locationr and {2} the requirement for sprinklers on property zoned FR-5, 10 {foothill-recreational, five and ten acre parcels), property located on the north side of Hurleton Raad approximately 1/2 mile past the intersection with Forbestown Roadr identified as AP 72-25-01, 02, east of Oroville. (415} MOTION: MOVE TO ACCEPT THE RECOMMENDATION OF STAFF FINDINGS DATED DECEMBER 30, 1988; AND FIND THAT A. AN INITIAL STUDY WAS COMPLETED IN COMPLIANCE WITH CEQA. B. SAID STUDY AND COMMENTS RECEIVED THEREON IDENTIFIED POTENTIAL SIGNIFICANT IMPACTS TO MIGRATORY DEER HERDS MAY HAVE HAD BUT: ~.. REVISIONS IN THE PROJECT PLANS OR PROPOSAL MADE BY OR AGREED TO BY THE APPLICANT WOULD AVOID SUCH EFFECTS OR MITIGATE SUCH EFFECTS TO A POINT WHERE CLEARLY NO STGNTFIGANT ENVIRONMENTAL EFFECTS WOULD OCCUR, AND 2. THERE IS NO SUBSTANTIAL EVIDENCE BEFORE THE COUNTY THAT THE PROJECT AS REVISED MAY HAVE A SIGNIFICANT EFFECT ON THE ENVIRONMENT. C. A PROPOSED NEGATIVE DECLARATION HAS BEEN COMPLETED IN COMPLIANCE WITH CEQA AND IS APPROVED AND ADOPTED. D. THAT SAID NEGATIVE DECLARATION TOGETHER WITH ANY COMMENTS RECEIVED OR ANY PUBLIC REVIEW PROCESS HAVE BEEN REVIEWED AND CONSIDERED. E. ADOPT A NEGATIVE DECLARATION AND RESOLUTION 89- 018 APPROVING THE AGREEMENT TO MODIFY THE OPEN SPACE CONDITION AND REMOVE THE REQUIREMENT FOR SPRINKLERS {MORGAN, RANFT} ON AP 72-25-1, 2. SAID CONDITIONS OF APPROVAL ON THE REZONE AGREEMENT TO BE MODIFIED AS FOLLOWS: Page 45 February 14, 1989 February 14, 1989 1. CONDITION 21 TO READ "ALL DRIVEWAYS TO BE CONSTRUCTED A MINIMUM OF 12 FT. WIDE TO THE RS-8-LD-1 STANDARDS ON FILE WITH THE DEPARTMENT OF PUBLIC WORk~S, INCLUDING A TURNOUT A MINIMUM OF 60 FEET LONG AND 10 FEET WIDE. 2. CONDITION 20 DELETED. 3. ADDITIONAL CONDITION TO BE NUMBERED 20 TO READ AS FOLLOWS : "PAY DEER HERD IMPACT FEES AS ADOPTED BY THE BOARD OF SUPERVISORS." M S VOTE: l Y 2 Y 3 Y 4 Y 5 Y {Unanimously carried} RECESS: 1.1:52 A.M. RECONVENE: 1:20 P.M. {SUPERVISORS DOLAN AND VERCRUSE NOT PRESENT) Regular Aaenda 89-69 Report fram County Counsel on the Alan and Mary Schroeder, Gunn Development agreement, AP 41-12-102 annual. review (file 84-35C) - action requested - DISCUSSION. (CONTINUED TO FEBRUARY 28, 19$9) {SUPERVISORS DOLAN AND VERCRUSE PRESENT) 89--70 CLOSED SESSION: The Baard recessed to closed session at 1.:22 p.m. for actual litigation pursuant to Government Code Section 54956.9{a) of Jones vs. Brooks, et. al., two matters of potential litigation on land use matters held pursuant to Government code Section 54956.9{b}, and a personnel matter. (617) RECONVENE: The Board reconvened at 2:31 p.m. following a closed session for the purpose of actual litigation, potential litigation, and a personnel matter. {662) {NO ANNOUNCEMENTS) (SUPERVISOR McLAUGHLIN NOT PRESENT} Page 46 February 14, 1989 _~ February 1~, 1989 89-71 Report from Chief Administrative Officer on the financial forecast for 1989/94 - action requested: a. ACCEPT FOR INFORMATION. (REPORT BY DONNA LANDEROS, DEPUTY ADMINISTRATIVE OFFICER AND STARLYN BROWN, ADMINISTRATIVE ANALYST) b. APPOINT A FISCAL POLICY COMMITTEE TO REVIEW THE ASSUMPTIONS AND POLICY ISSUES WITH THE CHIEF ADMINISTRATIVE OFFICER AND AUDITOR-CONTROLLER, AND MAKE RECOMMENDATIONS TO THE BOARD OF FEBRUARY 28. (CONTINUED TO FEBRUARY 2$, 1989} {SUPERVISOR McLAUGHLTN PRESENT) 89-72 ANNOUNCEMENT BY SUSAN ROFF, COUNTY COUNSEL: THE BOARD TOOK ACTION IN CLOSED SESSION TO AUTHORIZE THE APPEAL OF THE CITY OF CHICO'S DECISION TO ISSUE A MITIGATED NEGATIVE DECLARATION IN REGARD TO THE CHICO URBAN AREA SEWER MASTER FLAN. MOTION: MOVE TO APPEAL. S M VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y {Unanimously carried) 89-73 Report from Chief Administrative Officer on the Superior Court budget deficiency - action requested - DISCUSSION OF FUNDING ALTERNATIVES. (1798} {REPORT BY DONNA LANDEROS, DEPUTY ADMINISTRATIVE OFFICER, AND DICK PUEHLICHER~ TREASURER-TAX COLLECTOR. THE BOARD ADOPTS A POLICY OF DEALING WITH THE SUPERIOR COURT BUDGET DEFICIENCY ON A MONTHLY BASIS). 89-74 Report on the purchase of Sheriff vehicles - action requested: {1940} a. APPROVE FINANCING PLAN AND AGREEMENTS; b. AUTHORIZE THE PURCHASE OF 34 PATROL VEHICLES UNDER THE LOS ANGELES COUNTY BID; c. AUTHORIZE THE PURCHASE OF SIX 4X4 VEHICLES UNDER THE STATE PURCHASE CONTRACT; d. AUTHORIZE THE PURCHASE OF FOUR USED VEHICLES FOR INVESTIGATORS. Page 47 February 14, 1989 February 14, 1989 MOTION: MOVE TO (A} APPROVE FINANCING PLAN THROUGH CSAC; {B) AUTHORIZE THE PURCHASE OF 30 PATROL VEHICLES UNDER THE LOS ANGELES COUNTY BID; (C) AUTHORIZE THE PURCHASE OF STX 4X4 VEHICLES UNDER THE STATE PURCHASE CONTRACT; AND (D) AUTHORIZE THE PURCHASE OF FOUR USED VEHICLES FOR INVESTIGATORS. S M VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried) 89-75 Report from Director of Public works on the Federal Emergency Management Agency flood maps. (2108) (REPORT BY DIRECTOR OF PUBLIC WORKS BILL CHEFF) 89-76 CLOSED SESSION: The Board recessed to closed session at 3:22 p.m. for the purpose of a personnel matter. (2484} RECONVENE: The Board reconvened at 4:07 p.m. following a closed session on a personnel matter. (2491) (NO ANNOUNCEMENTS) $9877 Report from Chief Administrative Officer on the vacancy of his position - action requested: (2500) a. RECEIVE RESIGNATION; MOTION: MOVE THAT THE BOARD ACCEPT, WITH REGRETS, THE RESIGNATION OF MARTIN J. NICHOLS AS CHIEF ADMINISTRATIVE OFFICER; THAT THE RESIGNATION BE ACCEPTED WITH APPRECIATION AND COMMENDATION FOR SERVICE TO THIS BOARD AND THE PEOPLE OF THE COUNTY OF BUTTE; AND FURTHERMORE, THAT THIS BOARD EXTEND OUR VERY BEST WISHES FOR FUTURE SUCCESS IN HIS ENDEAVORS ELSEWHERE. THE RESIGNATION IS EFFECTIVE MARCH 5, 1989 WITH VACATION LEAVE AUTHORIZED AFTER FEBRUARY 24, 1989. M S VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried} b. APPROVE PLAN FOR INTERIM CHIEF ADMINISTRATIVE OFFICER; (CONTINUED TO FEBRUARY 17, 1989 AT 11:00 A.M.) c. APPROVE RECRUITMENT PLAN TO REFILL CHIEF ADMINISTRATIVE OFFICER POSITION. Page 48 February 14, 1989 ~~ February 14, 1989 s MOTION: MOVE THAT THIS BOARD AUTHORIZE THE PERSONNEL DIRECTOR TO ISSUE A PRESS RELEASE TO BE DISTRIBUTED THROUGHOUT THIS COUNTY AND THROUGHOUT OUR IMMEDIATE SPHERE OF ECONOMIC INFLUENCE; THAT THIS PRESS RELEASE STATE THAT WE ARE INTERESTED IN HEARING BY MEANS OF A CONFIDENTIAL LETTER, RESUME, OR APPLICATION FROM THOSE PERSONS WHO MAY WISH TO BE CONSIDERED FOR THE JOB OF CHIEF ADMINISTRATIVE OFFICER WITH THE SALARY AND BENEFITS TO BE UNCHANGED. THESE CONFIDENTIAL LETTERS, RESUMES AND/OR APPLICATIONS (THE INSTRUMENT TO BE CHOSEN BY PEOPLE WHO MAY WISH TO EXPRESS INTEREST) SHALL BE DELIVERED TO THE PERSONNEL DIRECTOR BY THE CLOSE OF BUSINESS ON FEBRUARY 27, 1989 AND THE PERSONNEL DIRECTOR SHALL ASSURE THAT EACH OF THE BOARD MEMBERS SEES A COPY OF EACH LETTER, RESUME AND/OR APPLICATION. THE BOARD WILL THEN REVIEW THOSE LETTERS IN CLOSED SESSION ON FEBRUARY 28, 1989 AND AT THAT POINT SHALL CONSIDER FURTHER ACTION TO BE TAKEN. ANY FURTHER DISCUSSION OR DECISION ON THE RECOMMENDED SCHEDULE PROVIDED BY THE PERSONNEL DIRECTOR AND THE CHIEF ADMINISTRATIVE OFFICER WILL BE HELD IN ABEYANCE UNTIL THAT MEETING. M S VOTE: 1 Y 2 Y 3 Y 4 Y B Y (Unanimously carried) Communications 89-78 Communications received and referred. (COPIES OF ALL COMMUNICATIONS ARE AVAILABLE IN THE CLERK OF THE BOARD OFFICE.} a. Kim Gaghagen, acting Welfare Director - writes forwarding a status report an the statutory compliance of the AFDC program - action requested - ACCEPT FOR INFORMATION. b. Rice burning liaison committee - writes concerning the lack of prosecution of air pollution control agricultural burning regulations. tIncludes response of District Attorney) - action requested - INFORMATION ONLY. 89-79 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.} Page ~9 February 1~, 1.989 February 14, 1989 a. G~.enn Miller, Concow - Questioned if there is an agreement with Chief Adminai.strative Officer for severance pay if dismissed. b. Norman Smithy Oroville - Questioned if there has been any consideration by the Board of not refilling the Chief Adm~.nzstrative Officer's position. c. James Hansen, Oroville - Las Plumas site. (COMMENTS FROM CHAIRMAN FULTON ON THE RESIGNATION OF MARTIN J. NICHDLS AS CHIEF ADMINISTRATIVE OFFICER) RECESS : There being nothing further before the Board at this time, the meeting was recessed at 4:1.5 p.m. to reconvene on Friday, February 17 , 1989 at 11:00 a . m. Ch~ir`7tfan ~' B~~parl~v~]f Supervisors ATTEST: MIRE PXEATT, Cl rk of the Board ,~ By • a.t ~ Page 50 February 14, 1989