HomeMy WebLinkAboutM022790__.~
February 27, 1990
Call to order - Board of Supervisors room, County
Administration Building, 25 County Center Drive,
Oroville. Supervisors Fulton, McInturf and Chairman
McLaughlin present. Supervisors Dolan and 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.
90-86 Items removed from the Consent Agenda for Board
consideration and action.
1. Budget transfer - action requested - APPROVE BUDGET
TRANSFER B-122 (PLANT AND EQUIPMENT ACQUISITION).
2. Extension of County Planning and Development
Technical Advisor Services agreement - proposed is
an extension for an interim period of two (2) months
to allow time for evaluation of whether additional
services are needed within the scope of the current
contract - action requested - APPROVE AGREEMENT
EXTENSION AND AUTHORIZE THE CHIEF ADMINISTRATIVE
OFFICER TO SIGN.
Consent Agenda
90-87 1. Approval of minutes - action requested - APPROVE
MINUTES OF FEBRUARY 6, 1990 AND FEBRUARY 13, 1990.
2. Budget transfers - action requested -APPROVE BUDGET
TRANSFERS B-113 (PUBLIC HEALTH), B-114 (PLANNING),
B-115 (MENTAL HEALTH), B-117 (PROBATION-VICTIM
WITNESS), AND B-120 (DISTRICT ATTORNEY-CRIMINAL).
Page 68
February 27, 1990
February 27. 199.0
90-87 3. Renaming of private road in the Oroville area from
Sigfrid Way (Foothill Boulevard to end) to Windfall
Way - action requested - ADOPT RESOLUTION 90-30
SETTING A PUBLIC HEARING FOR MARCH 27, 1990 AT
9:45 A.M.
4. Renaming of private road in the Oroville area from
Third Street (Lower Honcut Road to end) to Longman
Lane - action requested - ADOPT RESOLUTION 90-31
SETTING A PUBLIC HEARING FOR MARCH 27, 1990 AT
9:45 A.M.
5. Reorganization/annexation of County Service Areas
No. 23 and No. 24 (Sableman) - the Butte County
Local Agency Formation Commission has approved the
reorganization/annexation of County Service Areas
No, 23 and No. 24 pursuant to the conditions of
approval for the Sableman tentative parcel map -
action requested - ADOPT RESOLUTION 90-32 SETTING
A PUBLIC HEARING DATE FOR APRIL 3, 1990 AT 9:45 A.M.
6. County library donations -- in accordance with
Government Code Section 25355, a donation of $125
has been received from Barry M. Shapiro &
Associates, Oakland for the Butte County Library
trust fund for continuing operations - action
requested _ ACCEPT DONATION AND AUTHORIZE LETTER OF
APPRECIATION.
7. Donation for ceiling repair - the Worldwide Church
of God has donated $500 to Butte County to be used
for ceiling repair in the Chico Veterans' Memorial
Hall - action requested - ACCEPT DONATION AND
AUTHORIZE LETTER OF APPRECIATION.
8. Final map - Morehead Subdivision -four lots, AP 11-
28-77 and 11--30-33, property located an the east
side of Honey Run Road at Creekside Court, Butte
Creek Canyon area - action requested - APPROVE FINAL
MAP.
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February 27, 1990
Februar 27 1990
90-87
9. Final map - Troy Estates Subdivision - the developer
has provided a maintenance bond to guarantee
maintenance of facilities for a period of one year
starting January 31, 1990 on the 12 lot subdivision,
AP 64-31-03, 04 and 07, property located on both
sides of Troy Way, 200 feet south of Colter Way,
Paradise Pines area - action requested - APPROVE
FINAL MAP; ACCEPT EASEMENTS AS GRANTED IN THE
OWNER'S STATEMENT ON BEHALF OF THE PUBLIC; ACCEPT
GRANT IN FEE SIMPLE TROY WAY AND MALLARD COURT AS
OFFERED IN THE OWNER'S STATEMENT; AND AUTHORIZE THE
CHAIRMAN TO SIGN THE SUBDIVISION AGREEMENT.
10. Final map - Walden Pond Estates Subdivision, Phase
2 - the developer has provided a cash deposit to
guarantee maintenance of facilities for a period of
one year starting January 8, 1990 on the 17 lot
subdivision, AP 73-18-149, property located on the
northwest corner of Forbestown Road and Big Fir
Road, Forbestown area - action requested - APPROVE
FINAL MAP; ACCEPT EASEMENTS AS GRANTED IN ITEMS 1
AND 2 OF THE OWNER'S STATEMENT ON BEHALF OF THE
ENTITIES NAMED; ACCEPT GRANT IN FEE SIMPLE THE ONE
FOOT NO ACCESS STRIP AS OFFERED TN THE OWNER'S
STATEMENT; AND AUTHORIZE THE CHAIRMAN TO SIGN THE
SUBDIVISION AGREEMENT.
11. Final map - Wright Station Subdivision, Unit ~. --
four lots, AP 62-64-19, property located on the
south side of Bald Rock Road, approximately 1/2 mile
.east of Oro-Quincy Highway, Bald Rock area - action
requested - APPROVE FINAL MAP; ACCEPT EASEMENTS AS
GRANTED IN THE OWNER'S STATEMENT ON BEHALF OF THE
PUBLIC; AND ACCEPT GRANT TN FEE SIMPLE ONE FOOT NO
ACCESS STRIPS AS OFFERED IN THE OWNER'S STATEMENT.
12. Marty Elmer Pilcher - files a claim in an amount in
excess of $111,000 as a result of alleged injuries
and damages sustained on or about October 10, 1989
in a motorcycle accident on State Route 162 at its
intersection with Oakvale Avenue - action
requested - REJECT CLAIM AND REFER TO COUNTY COUNSEL
AND RISK MANAGEMENT.
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February 27, 1990
February 27, 1990
90-87 13. Sale of County property, AP 06-37-9 - on
December 5, 1989 the Board considered the sale of
the subject property to Lands End Real Estate
Development far $9,000, plus $300 to reimburse the
County for an appraisal report and payment of
incidental costs. The Board directed that adjoining
landowners be notified of the availability for sale
of the property to determine if there was an
interest on their behalf. The parties were written
a letter and no response has been received.
Therefore, we are resubmitting the matter for Board
action - action requested - DECLARE PROPERTY SURPLUS
TO THE NEEDS OF THE COUNTY, APPROVE THE SALE OF
PROPERTY, AND AUTHORIZE THE CHAIRMAN TO SIGN THE
DEED TRANSFERRING THE PROPERTY.
14. Destruction of paid 1911 Act bonds - the Treasurer-
Tax Collector requests Board authorization pursuant
to Government Code Section 53921 to destroy bonds
and any or all coupons attached of paid in full 1911
Act Street Improvement Bonds - action requested -
AUTHORIZE DESTRUCTION OF BONDS.
15. Investments information report - the Treasurer-Tax
Collector submits the January 31, 1990 report in
accordance with AB 1073 and the County's investment
policy - action requested - ACCEPT FOR INFORMATION.
16. Salary ordinance amendment - proposed is a
reorganization for the purpose of flexibly staffing
some positions of the engineering and administration
and road maintenance sections of the Public Works
Department. The funding source is within the
department budget - action requested - WAIVE THE
SECOND READING AND ADOPT ORDINANCE 2820.
17. Salary ordinance amendment -- Air Pollution Control
Department - proposed is the adjustment in salary
of the air pollution control specialist from range
37 to range 41, and the salary of senior air
pollution control specialist from 41 to range 47 to
bring them into more appropriate internal alignment
with other positions within the County. The funding
source is within the department budget - action
requested - WAIVE THE FIRST READING OF THE
ORDINANCE.
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February 27, 1990
February 27, 1990
90-87
18. Salary ordinance amendment--County Clerk-Recorder -
proposed as a result of a classification study is
an increase in the salary range for the assistant
registrar of voters from range 42 to range 48;
supervising elections technician from range 29 to
30; elections technician II from range 21 to 24; and
elections technician I from range 17 to range 20.
The two positions o£ elections technician II will
be flexibly staffed to elections technician II, I.
The funding source is within the department budget -
action requested - WATVE THE FIRST READING OF THE
ORDINANCE.
19. Bilingual pay differential - proposed is a
resolution amending Personnel Rule 12.15 to provide
for bilingual pay differential for employees of
$2.00 per day. Memorandum of Understandings with
the law enforcement units and far the general,
social services workers and MCS units provide for
$1.30 per day and $2.00 per day respectively -
action requested - ADOPT RESOLUTION 90-33 AND
AUTHORIZE THE CHAIRMAN TO SIGN.
20. Right-of-way acquisition - agreements for sale -
Foothill Boulevard reconstruction project, County
Project No. 21574-89-1:
Parcel Nos. Owner
5 Vern C. and
R. Rose Burruss
7 Irvin H. and
Mary J. Williams
l0 Lewis and Wanda Sitton
13 Robert Clark
16 Floyd and Ann Lavender
26 Melvin C. Taber
Purchase Price
Land Improvements Total
$ 500. $960. $1,4&0.
400. None 400.
4,100. None 4,100.
400. None 400.
950. None 950.
1,600. 500. 2,3.00.
Acres
0.37
0.30
1.43
0.15
0.43
0.35
action requested - APPROVE AGREEMENTS FOR SALE,
AUTHORIZE CHAIRMAN TO SIGN; ACCEPT DEEDS; AND
AUTHORIZE CHAIRMAN TO SIGN CERTIFICATES OF
ACCEPTANCE.
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February 27, 1990
February 27, 1990
90-87 21. Property
agreement
Napa Couni
of the
requested
AUTHORIZE
tax computer tax system subsidiary
- proposed is a subsidiary agreement with
.y in the amount of $9,000 for enhancement
property tax system (AB 8) - action
- APPROVE SUBSIDIARY AGREEMENT AND
THE CHAIRMAN TO SIGN.
22. Bond counsel services agreement - an agreement has
been prepared retaining the law firm of Jones, Hall
and White to represent the County in proceedings for
the authorization and issuance of general obligation
bonds far the purpose of constructing a new
correctional facility ~- action requested - ADOPT
RESOLUTION 90-34 APPROVING THE AGREEMENT AND
AUTHORIZE THE CHAIRMAN TO SIGN.
23. First offender drinking driver program curriculum -
SB 1344 standardizes first offender drinking driver
programs, establishes the County alcohol
administrator, and the State Department of Aicohal
and Drug Programs as program monitors. In response
to SB 1344, the existing first offender drinking
driver program provider Prevention Education
Program, Inc. (PEP) has submitted a proposed
curriculum amendment - action requested - APPROVE
THE PROPOSED CURRICULUM AMENDMENT.
24. County Master Plan for Alcohol and Drug Services (SB
2599) - an application for development and
implementation of a County master plan relative to
SB 2599 master plan development has been submitted
to the State Department of Alcohol and Drug
Programs. The plan requires the collaboration of
Butte County's health, education, criminal justice,
and social services segments - action requested --
APPROVE APPLICATION AND AUTHORIZE CHAIRMAN TO SIGN
THE CERTIFICATION.
25. Planning Department computer hardware and software
agreement - an agreement has been prepared with
Environmental Systems Research Institute, Inc.
(ESRI) for the development of a Graphic Information
System {GIS) for the Planning Department in the
amount of $67,780.06. The California Energy
Commissions grant provides $60,000, and a budget
transfer has been prepared for $7,800 - action
requested - AUTHORIZE ACQUISITION OF COMPUTER
HARDWARE AND SOFTWARE, APPROVE AGREEMENT AN
AUTHORIZE THE CHAIRMAN TO SIGN.
26. Advance step hiring - Planning Department - Board
authorization is requested for advance step hiring
of a typist clerk II at step 3 of the salary range -
action requested - AUTHORIZE ADVANCE STEP HIRING.
Page 73 February 27, 1990
February 27, 1990
90-87
27. Grey Lodge antlerless deer hunt - proposed by the
Department of Fish and Game is an antlerless deer
hunt at Grey Lodge using shotguns and slug
ammunition. Fifteen permits will be issued which
equals approximately 20 percent of the refuge deer
herd. The Butte County Fish and Game Commission
does not object to the proposal -- action requested -
CONCUR WITH THE DEPARTMENT OF FISH AND GAME PROPOSAL
TO CONDUCT A GREY LODGE ANTLERLESS DEER HUNT ON
AUGUST 18 THROUGH AUGUST 20, 1990.
28. State Department of Health Services contract 88-
T0241 in the amount of $2,600 - Hazardous Waste
Planning Conference - all services under the terms
of the subject contract have been rendered, and
final payment has been received - action requested -
APPROVE CONTRACTOR'S RELEASE AND AUTHORIZE THE
CHAIRMAN TO SIGN.
29. Advance step hiring ~- deputy district attorney,
III - Board authorization is requested for advance
step hiring at step 5 of the salary range - action
requested - AUTHORIZE ADVANCE STEP HIRING.
MOTION: MOVE TO APPROVE THE CONSENT AGENDA WITH THE
REMOVAL OF BUDGET TRANSFER B-122 (PLANT AND
EQUIPMENT ACQUISITION) AND 3.21.
S M
VOTE: l Y 2 AB 3 AB 4 Y 5 Y (Unanimously Carried)
Regular Agenda
90-88 Items removed from the Consent Agenda far Board
consideration and action.
(SUPERVISOR DOLAN PRESENT)
1. Budget transfer - action requested - APPROVE BUDGET
TRANSFER B-122 {PLANT AND EQUIPMENT ACQUISITION),
2. Extension of County Planning and Development
Technical Advisor Services agreement - proposed is
an extension far an interim period of two (2) months
to allow time for evaluation of whether additional
services are needed within the scope of the current
contract - action requested - APPROVE AGREEMENT
EXTENSION AND AUTHORIZE THE CHIEF ADMINISTRATIVE
OFFICER TO SIGN.
Page 74
February 27, 1990
February 27, 1990
MOTION: MOVE TO APPROVE BUDGET TRANSFER B-122 (PLANT
AND EQUIPMENT ACQUISITION), AND APPROVE
AGREEMENT EXTENSION AND AUTHORIZE THE CHIEF
ADMINISTRATIVE OFFICER TO SIGN.
S M
VOTE: l Y 2 Y 3 AB 4 Y 5 Y (Unanimously Carried)
90-89 Appointments - commissions and committees.
a. Appointments to committee vacancies. (NONE)
90-90 Consideration of appointment of Local Assessment
Committee for proposed household haaardous waste transfer
facility - action requested - MAKE APPOINTMENTS.
MOTION: MOVE TO APPOINT R. B. RENO, DALE WANGBERG
(ENVTRONMENTALTSTS), DAVID McPHERSON, STAN
RICKABY (BUSINESS), DOROTHY RUSSELL, TOM HUGHES
AND JACK McDOWELL (PUBLIC-AT-LARGE) TO THE
LOCAL ASSESSMENT COMMITTEE WITH THE
UNDERSTANDING THAT THE COMMITTEE WILL SUNSET
AFTER FINAL ADMINISTRATIVE ACTION IS TAKEN BY
THE BOARD OF SUPERVISORS.
S M
VOTE: 1 Y 2 Y 3 AB 4 Y 5 Y (Unanimously Carried)
90-91 Presentation by DeVere Pace, Tax Free California
representative for Butte County. (139) (PRESENTATION
BY DeVERE PACE, TAX FREE CALIFORNIA REPRESENTATIVE FOR
BUTTE COUNTY.)
(SUPERVISOR VERCRUSE PRESENT)
90--92 Consideration of adopting resolution calling jail bond
election - a resolution has been prepared calling a bond
election to be held and consolidated with the general
election on June 5, 1990 to authorize the issuance of
general obligation bonds for the purpose of constructing
a new correctional facility (jail) - action requested -
ADOPT RESOLUTION CALLING ELECTION. (408)
MOTION: MOVE TO ADOPT RESOLUTION 90-35 CALLING THE
ELECTION.
S M
VOTE: 1 Y 2 Y 3 N 4 Y 5 Y (Motion Carried)
RECESS: 9:5D A.M.
RECONVENE: 10:05 A.M.
Page 75 February 27, 1990
February 27, 1990
90-93 Consideration of adopting resolution calling jail bond
election - a resolution has been prepared calling a bond
election to be held and consolidated with the general
election on June 5, 1990 to authorize the issuance of
general obligation bonds for the purpose of constructing
a new correctional facility (jail) - action requested -
ADOPT RESOLUTION CALLING ELECTION. (REPORT BY THE COUNTY
CLERK-RECORDER ON THE JUNE 5, 1990 DIRECT PRIMARY
BALLOT.)
90-94 Consideration of setting public hearings for the three
remaining general plan amendment hearings. (1800}
(BOARD DIRECTION TO SET A PUBLIC HEARING FOR GENERAL PLAN
AMENDMENTS MAY 22, 1990 AT 10:00 A.M., AND TENTATIVELY
SET THE LAST MEETINGS OF THE MONTHS OF SEPTEMBER AND
DECEMBER.)
90-95 Consideration of commercial outdoor recreational uses in
the agricultural zones. (1858}
MOTION: MOVE TO RECOMMEND A CODE AMENDMENT BE INITIATED
TO THE A-5 THROUGH A-160 ZONES TO ALLOW
COMMERCIAL OUTDOOR RECREATION USES SUBJECT TO
SECURING A CONDITIONAL USE PERMIT; AND
RECOMMEND TO THE INTERESTED PARTIES (JANICE AND
KENT GARRETT, ET AL.) THAT IF THEY WISH TO
EXPEDITE SAID CODE AMENDMENT, THAT THEY MAKE
A PRIVATE APPLICATION.
S M
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
Public Hearings and Timed Items
90-96 Public hearing - Vera Stackhouse - abandonment of a 20
foot wide public utility easement, property located
northerly of and adjacent to the southerly line of lot
124 of Paradise Pines Unit No. 2, AP 64-70-17 - action
requested - ADOPT A RESOLUTION AND AUTHORIZE THE CHAIRMAN
TO SIGN. (3022)
MOTION: MDVE TO ADOPT RESOLUTION 90-36 APPROVING THE
ABANDONMENT.
S
VOTE: 1 Y 2 Y 3 Y 4 Y
Page 76
M
5 Y (Unanimously Carried)
February 27, 1990
_•,:. `\
February 27. 1990
Regular Acrenda
90-97 Report on bid opening for reconstruction of Cohasset Road
from 1.9 miles to 4.9 miles northeast of Keefer Road,
Federal Aid Secondary Project No. RS-Y765(1) - action
requested - BOARD AUTHORIZATION TO AWARD CONTRACT TO LOW
BIDDER, SUBJECT TO FHWA AND CALTRANS APPROVAL. (3056)
(**00)
MOTION: MOVE TO AWARD THE CONTRACT TO HUNTINGTON
BROTHERS, NAPA, CALIFORNIA IN THE AMOUNT OF
$1,520,573.50 SUBJECT TO APPROVAL OF FHWA AND
CALTRANS APPROVAL.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
90-98 Public Works requests Board policy direction far
obtaining the funding necessary to improve the remaining
unimproved portions of Garner Lane and the replacement
of the bridge across Keefer Slough, Chico. (30)
MOTION: MOTION OF INTENT TO SUSPEND DEVELOPMENT, PURSUE
AN AREA PLAN, COOPERATE WITH THE CITY STAFF ON
THEIR REVSEW OF THE AIRPORT ENVIRONS, AND AN
ENVIRONMENTAL IMPACT REPORT FOR THE ENTIRE
AREA, AREA WIDE, NOT PROJECT BY PROJECT, TAKING
INTO CONSIDERATION ALL OTHER COSTS AND FEES NOW
IN EFFECT.
M S
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
90-99 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.} (696)
a. Glenn Miller, Concow - services received by Concow
area during the local emergency as a result of the
recent severe winter storm with heavy snow falls,
Page 77
February 27, 1990
February 27. 1990
Regular Agenda
9D~-1D0 Discussion on conditional zoning agreement with Pete and
Donna Ielati, AP 36-51-020 and 044 - action requested -
DIRECT THAT A NOTICE OF VIOLATION BE SENT TO THE PROPERTY
OWNERS PURSUANT TO PARAGRAPH 3 OF SAID AGREEMENT. ((822)
MOTION: MOVE TD AUTHORIZE COUNTY COUNSEL TO SEND
OFFICIAL NOTICE TO OWNER'S OF IELATI FUN PARK
THAT THEY ARE IN VIOLATION OF CONDITIONS SET
FORTH IN THE AGREEMENT OF OCTOBER 18, 1988;
THAT THEY BE DIRECTED TO COMPLY WITH ALL
CONDITIONS WITHIN THE 30 DAY TIME PROVIDED FOR
IN SAID AGREEMENT; AND FURTHERMORE, THAT THIS
MATTER WILL COME BACK TO THE BOARD AT ITS
APRIL 3, 1990 MEETING FOR APPROPRIATE ACTION
AS PROVIDED FOR IN THE OCTOBER 18, 1988
AGREEMENT.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
90-101
90-102
CLOSED SESSION: The Board recessed to closed session
at 11:45 a.m. for personnel matters,
and actual litigation pursuant to
Government Code Section 54956.9(a)
of Jones v. County of Butte, Dennis
Begnoche v. County of Butte, Robert
Sellers v. County of Butte and Elsie
Temple v, County of Butte. (1711)
RECONVENE: The Board reconvened at 12:20 p.m.
following a closed session on personnel
and actual litigation. (NO ANNOUNCEMENTS)
Communications
Communications received and referred. (COPIES OF ALL
COMMUNICATIONS ARE AVAILABLE IN THE CLERK OF THE BOARD
OFFICE.)
a. Barrie L. Dyer, Work Training Center, Chaco _ writes
to request attention to the needs of persons who are
disabled as policies are established for recycling -
action requested _ REFER TO PLANNING AND PUBLIC
WORKS DEPARTMENTS.
Page 78
February 27, 1990
Februar 27 1990
b. Delbert Siemsen, Oroville on behalf of Harold
Galliett - gives notice pursuant to Public Resources
Code Section 21167.5 of the commencement of an
action alleging that Butte County has improperly
determined that the general plan change, rezone,
development agreement, use permit, mining permit and
reclamation plan approved for Robinson and Sons for
aggregate removal will not have a significant
effect an the environment - action requested - REFER
TO COUNTY COUNSEL AND PLANNING DEPARTMENTS.
c. The Kevin Collins Foundation for Missing Children,
San Francisco - writes requesting a resolution in
support of SB 1564, which would change existing
kidnapping statutes in California - action
requested - REFER TO DISTRICT ATTORNEY AND SHERIFF
FOR REPORT ,AND RECOMMENDATION.
ADJOURNMENT: There being nothing further before the
Board at this time, the meeting was
adjourned at 12:2 0 p . m . to reconvene on
Tuesday, March 6, 1990 at 9:00 a.m.
Chairman, Board a~ Supervisors
ATTEST:
WILLIAM H. RANDO k~H, Chief Administrative Officer
and Cle k of the oard
By : f:._._
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February 27, 199p