HomeMy WebLinkAboutM032492March 24, 1992
Call to order - Board of Supervisors room, County
Administration Building, 25 County Center Drive,
Oroville. Supervisors Fulton, Houx, McInturf,
McLaughlin, and Chair polan present. Starlyn Brown,
acting chief administrative officer, Susan Minasian,
county counsel, and Carol Roach, assistant clerk of the
Board.
Pledge of allegiance to the Flag of the United States of
America.
Consent Aqenda
92-114 Items removed from the Consent Agenda for Board
consideration and action.
1. Adoption of a salary ordinance amendment increasing
the flat hourly rate assignment for extra help
psychiatrists from $55 to $65/hour for mental health
clinic psychiatrist (Board eligible) and $65 to
$75/hour (Board certified) due to an inability to
recruit applicants - action requested - ADOPT
ORDINANCE AND AUTHORIZE THE CHAIR TO SIGN.
2. Assignment of counsel - County Counsel proposes
assignment of Shelton v. County of Butte to Robert
A. Glusman, attorney at law - action requested -
APPROVE ASSIGNMENT OF COUNSEL.
3. Mike Thompson, Senator, 4th District - requests
Board support for Senate Joint Resolution 30
expressing the legislature's support for the
development of a plan to implement a Tourist
Oriented Directional Sign (TODS) Program in
California - action requested - APPROVE LETTER IN
SUPPORT OF SENATE JOINT RESOLUTION 30 AND AUTHORIZE
THE CHAIR TO 5IGN.
Page 87
March 24, 1992
March 24, 1992
92-115 Consent Agenda
1. Approval of minutes - action requested - APPROVE
MINUTES OF MARCH 10, 1992 AND MARCH 16, 1992.
2. Budget transfers - action requested - APPROVE BUDGET
TRANSFERS B-123 (PUBLIC HEALTH), B-124
(SHERIFF/OPERATIONS), B-125 (BUILDING INSPECTION),
B-126 (JUVENILE HALL), B-127 (PROBATION), AND B-128
(GENERAL INSURANCE).
3. Renaming a private road in the Paradise area from
E1 Fran Way (Neal Road to end) to Fawnridge Court -
action requested - ADOPT RESOLUTION 92-29 SETTING
A PUBLIC HEARING FOR APRIL 21, 1992 AT 10:15 A.M.
4. County library donations - in accordance with
Government Code Section 25355, donations of $1,740
from Chico Friends of the Library, $400 from Robert
W. Pfeifer, Chico, and $100 from Dr. and Mrs. Robert
S. Johnson, Chico have been received for the Butte
County trust fund for the purchase of books - action
requested - ACCEPT DONATIONS AND AUTHORIZE LETTERS
OF APPRECIATION.
5. Agricultural Advisory Commission - action
requested - APPOINT RICHARD CURTIS (DISTRICT 3) TO
SERVE UNTIL DECEMBER 31, 1992.
6. Butte County Maternal Child and Adolescent Health
Board - action requested - REAPPOINT PAT WARREN
(PROFESSIONAL MEMBER), MONICA CHOLLET (WELFARE
DEPARTMENT), AND LEE LANEY (DIRECTOR, FAMILY
SERVICES ASSOCIATION) TO TERMS TO EXPIRE MARCH 1,
1995.
7. Private Industry Council - action requested -
APPOINT ROBERT A. GUSTAFSON (PARADISE AREA BUSINESS)
AND LINDA BERNARD (LABOR ORGANIZATION) TO THE
PRIVATE INDUSTRY COUNCIL TO SERVE UNTIL JUNE 14,
1995.
8. Tri-County Economic Development Corporation
Revolving Loan Fund Administration Board - action
requested - APPOINT DAVID RAVEN TO A TERM TO EXPIRE
MARCH 31, 1994.
Page 88
March 24, 1992
March 24, 1992
92-115 9. Oroville Wyandotte Irrigation District - proposed
is a property tax exchange agreement for the Oakvale
Avenue Annexation District No. 1 (Ferguson
Annexation) - action requested - APPROVE AGREEMENT
AND AUTHORIZE THE CHAIR TO SIGN.
10. Fire Department - conveyance of County property -
Board authorization is requested for the donation
of a 1969 General Electric mobile radio, model
MT76TFS66 (serial no. 9390363, asset no. M00111),
which is not compatible with the County Fire
Department's radio system to Butte College for
training purposes - action requested - AUTHORIZE
TRANSFER OF FIXED ASSET ITEM. (FROM 3/10/92)
11. Richvale Fire Station - plans and specifications
have been prepared for remodeling of the Richvale
Fire Station - action requested - APPROVE PLANS AND
SPECIFICATIONS, AND AUTHORIZE A CALL FOR BIDS WITH
THE BID OPENING TO BE SET FOR APRIL 23, 1992 AT
2:30 P.M. IN THE PURCHASING OFFICE.
12. Safety test equipment - Board authorization is
requested to purchase equipment to test for possible
air contaminants as part of the County's safety
program. The equipment consists of a universal
constant flow sampler, a calibrator kit and carrying
case in the estimated amount of $1,500 - action
requested - AUTHORIZE PURCHASE OF FIXED ASSET ITEMS.
13. Sheriff-Coroner - Board authorization is requested
for the purchase of a patrol vehicle in the
estimated amount of $16,000 to replace the vehicle
loaned to the Butte Anti-Drug Special Supervision
(BASS) Grant Program at the commencement of its
first year of funding. The second year funding
provides for a vehicle, and funding is from the
Grant and savings in the Operations Division
clothing account. Budget transfer B-124 has been
prepared for the necessary appropriation - action
requested - APPROVE PURCHASE OF FIXED ASSET ITEM.
14. Investment information report - the Treasurer/Tax
Collector submits the February 28, 1992 report in
accordance with AB 1073 and the County's investment
policy - action requested - ACCEPT FOR INFORMATION.
Page 89
March 24, 1992
March 24, 1992
92-115 15. Director-Public Works request for relief from
accountability - pursuant to Government Code Section
29390 and Board resolution 75-177, relief from
accountability is requested for a 1979 brush cutter
(serial no. 9207385, fixed asset no. 15474), and a
1991 Bendix handheld radio, model no. CPH 5141
(serial no. A26016, fixed asset no. 21671). The
district attorney and auditor-controller support the
request - action requested - APPROVE RELIEF FROM
ACCOUNTABILITY.
16. Sheriff-Coroner request for relief from
accountability - pursuant to Government Code Section
29390 and Board resolution 75-177, relief from
accountability is requested for a cassette recorder
(fixed asset no. 13161) , two hand held radios (fixed
asset nos. 20729, 20731), and two Handi-Talkie
radios (fixed asset nos. 18953 and 18954). The
district attorney and auditor-controller support
the request - action requested - APPROVE RELIEF FROM
ACCOUNTABILITY.
17. Adoption of a salary ordinance amendment to flexibly
staff currently budgeted allocated positions for the
following departments: Welfare, Assessor, District
Attorney, Public Works, Superior Court, Mental
Health, Self-Insurance and County Clerk-Recorder.
The recommended changes will allow flexibility in
meeting recruitment needs. Included is the
correction of an administrative error for the
position of assistant health officer - action
requested - ADOPT ORDINANCE 2988 AND AUTHORIZE THE
CHAIR TO SIGN.
18. Adoption of a salary ordinance amendment
transferring from the Administrative budget unit to
Administrative - General Services Admiriistration the
General Services Director adopted as part of the
1991/92 budget - action requested - ADOPT ORDINANCE
2989 AND AUTHORIZE THE CHAIR TO SIGN.
19. Adoption of a salary ordinance amendment changing
~ the flexibly staffed position of senior account
clerk or account clerk to accounting specialist or
senior account clerk at the North County Municipal
Court as part of trial court funding negotiations -
action requested - ADOPT ORDINANCE 2990 AND
AUTHORIZE THE CHAIR TO SIGN.
Page 9U
March 24, 1992
March 24, 1992
92-115 20. Adoption of a salary ordinance amendment
reclassifying a civil engineering - senior position,
salary range 267, to a new position designation of
solid waste manager, salary range 267 - action
requested - ADOPT ORDINANCE 2991 AND AUTHORIZE THE
CHAIR TO SIGN.
21. Adoption of an ordinance amending Sections 3-12, 3-
13 and 3-18 of Article II of Chapter 3 of the Butte
County Code clarifying that Sheriff's Impact Fees
are to be imposed upon all residential and
commercial development, including the installation
of mobile homes, manufactured housing and
manufactured commercial space - action
requested - ADOPT ORDINANCE 2992 AND AUTHORIZE THE
CHAIR TO SIGN.
22. Introduction of an ordinance amending Section 8-3
of the Butte County Code regarding Emergency
Services Council membership - the proposed ordinance
designates the chairman of the Board of Supervisors
as chairman of the Emergency Services Council, and
the vice chair of the Board of Supervisors as a
member of the Council - action requested - WAIVE
READING OF THE ORDINANCE.
23. Resolution in honor of retiring California Highway
Patrol Officer Daniel R. Gilmore after 25+ years of
service - action requested - ADOPT RESOLUTION 92-30
AND AUTHORIZE THE CHAIR TO SIGN.
24. Resolution proclaiming the week of March 22-28,
1992 as Mediation Week - action requested - ADOPT
RESOLUTION 92-31 AND AUTHORIZE THE CHAIR TO SIGN.
Page 91
March 24, 1992
March 24. 1992
92-115 25. Right of way acquisition - Lower Wyandotte Road
reconstruction project, County project no. 23511-
90-1:
Parcel Nos. Owner
Acres
2 Ronald Coffman and 0.27
Carol Ann Coffman
3 Theodore K. Knox 0.16
4 Ida Mae Richardson 0.35
5 Jerome L. Hart and 0.13
Clara Joanne Hart
Purchase Price
Land Improvements Total
$1,300 None $1,300
$1,500 None $1,500
0.00 (Donation) None 0.00
$ 900 None $ 900
action requested - APPROVE AGREEMENTS FOR
ACQUISITION; AUTHORIZE CHAIR TO SIGN; AUTHORIZE
AUDITOR-CONTROLLER TO DRAW WARRANTS UPON DEMAND OF
COUNTY'S ESCROW AGENT; ACCEPT DEEDS; AUTHORIZE
LETTER OF APPRECIATION TO IDA MAE RICHARDSON FOR
DONATION OF LAND; AND AUTHORIZE THE CHAIR TO SIGN
CERTIFICATES OF ACCEPTANCE.
26. Memorandum of agreement - the proposed memorandum
of agreement with Bettye A. Kircher retains the
current level of compensation and fringe benefits
after the position and responsibilities of Director-
Planning is transferred to the Development Services
Department - action requested - APPROVE MEMORANDUM
OF AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN.
27. Memorandum of Understanding (MOU) - the committee
appointed by the Board has met and forwards its
recommendation with regard to cash flow assistance
to the Butte County Fair Association - action
requested - AFFROVE MEMORANDUM OF UNDERSTANDING AND
AUTHORIZE THE CHAIR TO SIGN. (FROM 3/10/92)
Page 92
March 24, 1992
March 24, 1992
92-115 28. Asbestos consultant agreement - an agreement has
been prepared with Peter J. Boice to perform ad hoc
asbestos consulting services relating to sampling,
analysis, building inspections and project
management of abatement jobs. The agreement is on
a basic $65 per hour variable rate basis - action
requested - APPROVE AGREEMENT AND AUTHORIZE THE
CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL
AND THE AUDITOR-CONTROLLER.
29. U.C. Extension memorandum of understanding (MOU) -
the MOU with the University of California, County
Cooperative Extension provides for implementation
of the joint County/UC Extension injury and illness
prevention plans - action requested - APPROVE
MEMORANDUM OF UNDERSTANDING AND AUTHORIZE THE CHAIR
TO SIGN.
30. Michael Clayton and Associates - proposed is an
amendment to the agreement to provide a 17 day time
extension for submittal of an administrative draft
environmental impact report for the Eliaabeth
Metzger rezone and tentative subdivision map -
action requested - APPROVE AMENDMENT AND AUTHORIZE
THE CHAIR TO SIGN.
31. State Department of Mental Health - proposed is the
fiscal year 1991f92 performance contract (no. 91-
71285) in the maximum amount of $587,356 between the
County's Mental Health Department and the State.
This agreement replaces the former "Part B" and
enables the State to continue to provide allocated
funds to the County - action requested - APPROVE
CONTRACT AND AUTHORIZE THE CHAIR TO SIGN.
32. Tehama Alcohol Recovery Center, Inc. - proposed is
an amendment to increase by $24,048 to a maximum of
$146,433 ($99,450 for alcohol services, $22,935 for
drug services, and $24,048 for drug perinatal
services only) the original agreement to provide
residential treatment services to alcohol and drug
clients commencing July 1, 1991 to June 30, 1992 -
action requested - APPROVE AMENDMENT TO AGREEMENT
AND AUTHORIZE THE CHAIR TO SIGN.
33. County Medical Services Program (CMSP) - proposed
is a Declaration of Intent to contract with the
State for participation in the County Medical
Services Program (CMSP) during the period July 1,
1992 through June 30, 1993. The program provides
94 percent State funding for medical services to low
income residents of the County - action requested -
APPROVE DECLARATION OF INTENT AND AUTHORIZE THE
CHAIR TO SIGN.
Page 93 March 24, 1992
March 24. 1992
92-115
34. University of California, Santa Barbara - the
proposed agreement provides Automated Vital
Statistics System (AVSS) technical assistance to the
Public Health Department by means of telephone
consultation from July 1, 1991 to June 30, 1992 in
the maximum amount of $3,250 based upon utilization
of the system. Funding is available within the
Vital Record Improvement Program (VRIP) trust fund -
action requested - APPROVE AGREEMENT AND AUTHORIZE
THE CHAIR TO SIGN.
35. 1992 California State Fair - County e~ibit - Board
approval is requested for the appointment of Tom
DiGrazia, Secretary-Manager, Silver pollar Fair, as
official representative of the County responsible
for the County e~ibit - action requested - APPROVE
COUNTIES EXHIBITS AUTHORIZATION AND APPOINTMENT AND
AUTHORIZE THE CHAIR TO SIGN.
36. City of Oroville - submits resolution no. 4683
setting the date and setting forth the exact form
of question, and requesting consolidation of the
referendum election with the statewide primary
election on June 2, 1992 - action requested - BOARD
DIRECTION TO CONSOLIDATE THE REFERENDUM ELECTION
WITH THE STATEWIDE PRIMARY ELECTION ON JUNE 2, 1992
AS REQUESTED.
37. Alcohol and Drug Advisory Council - Board approval
is requested for certificates of appreciation for
resigning Council members Denise Cangiano, Pat
Cragar, and Beverly Verlinde - action requested -
AUTHORIZE CERTIFICATES OF APPRECIATION.
MOTION: MOVE TO APPROVE THE CONSENT AGENDA WITH THE
AMENDMENT OF ITEM 3.26, AND REMOVAL OF ITEMS
3.19, 3.27 AND 3.37.
M S
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y(Unanimously Carried)
Regular Aqenda
92-116 Items removed from the Consent Agenda for Board
consideration and action.
1. Adoption of a salary ordinance amendment increasing
the flat hourly rate assignment for extra help
psychiatrists from $55 to $65/hour for mental health
clinic psychiatrist (Board eligible) and $65 to
$75/hour (Board certified) due to an inability to
recruit applicants - action requested - ADOPT
ORDINANCE AND AUTHORIZE THE CHAIR TO SIGN. (126)
Page 94
March 24, 1992
March 24. 1992
92-116 MOTION: MOVE TO ADOPT ORDINANCE 2993 AND AUTHORIZE THE
CHAIR TO SIGN.
M S
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
2. Assignment of counsel - County Counsel proposes
assignment of Shelton v. County of Butte to Robert
A. Glusman, attorney at law - action requested -
APPROVE ASSIGNMENT OF COUNSEL. (168)
MOTION: MOVE TO APPROVE ASSIGNMENT OF COUNSEL.
M S
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y(Unanimously Carried)
3. Mike Thompson, Senator, 4th District - requests
Board support for Senate Joint Resolution 30
expressing the Legislature's support for the
development of a plan to implement a Tourist
Oriented Directional Sign (TODS) Program in
California - action requested - APPROVE LETTER IN
SUPPORT OF SENATE JOINT RESOLUTION 30 AND AUTHORIZE
THE CHAIR TO SIGN. (209) (NO ACTION TAKEN)
92-117 Appointments - commissions and committees.
a. Appointments to committee vacancies.
MOTION: MOVE TO APPOINT JEFF LERCHE AS THE DISTRICT 2
REPRESENTATIVE TO THE COMMUNITY ACTION AGENCY.
S M
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y(Unanimously Carried)
MOTION: MOVE TO APPOINT GERTRUDE BARTLEY AS THE
DISTRICT 1 REPRESENTATZVE TO THE BUTTE COUNTY
COMMISSION ON AGING.
M S
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y(Unanimously Carried)
b. Appointment of a Board committee for performance
evaluation of the agricultural commissioner and
sealer of weights and measures prior to
reappointment action.
MOTION: MOVE TO DESIGNATE SUPERVISORS FULTON AND
MC LAUGHLIN AS A BOARD COMMITTEE.
S M
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y(Unanimously Carried)
Page 95
March 24, 1992
March 24, 1992
92-118 Public Comment. (PRESENTATIONS WILL BE LIMITED TO FIVE
MINUTES. THE B~ARD OF SUPERVISORS IS PROHIBITED BY STATE
LAW FROM TAKING ACTION ON ANY ITEM PRESENTED IF IT IS NOT
LISTED ON THE AGENDA.) (337)
1. James Hansen, Oroville - against taxation without
representation.
2. Otto Hansen, Oroville - harassment as part of
gestapo police tactics.
3. William E. Wilson, Palermo - deregulate County.
4. Gordon Thomas, Stirling City - lack of police
protection in outlying areas of County and item 3.28
on agenda, memorandum of agreement with the
Director-Planning.
5. Jerry Holcomb, Oroville - alleged Board policy of
secret meetings.
6. Mr. Earls, Concow - well pernait fee.
7. Vern Chadwick, Oroville - Chair polan's second year
as Board Chair, and formation of a citizens'
committee of ten people of each district to review
agenda items and make recommendations to the Board.
RECESS: 9:43 A.M.
RECONVENE: 10:10 A.M.
92-119 BOARD DISCUSSION ON ITEM FOR WHICH THE PUBLIC HEARING HAS
ALREADY BEEN HELD - Roger Green on behalf of Green Rock
Quarries - consideration of an appeal of the Planning
Commission's denial of a use permit/mining
permit/reclamation plan (draft environmental impact
report has been prepared) to extend the period of
operation on the existing mining permit to 50 years and
allow the use of explosives on property zoned "U"
(unclassified), property located on T20N, R3E, Section
12, MDB&M, at the end of Coal Canyon Road, at the base
of Table Mountain, AP 041-140-014, 028, 320, 034; 041-
160-031, 037, 039, 044, 045; 041-210-045, north Oroville.
(1175) (**00)
Page 96
March 24, 1992
March 24. 1992
92-119 MOTION: MOVE TO AMEND DATES FOR EXTRACTION AND
RECLP,MATION AS FOLIAWS: CELL A(EXTRACTION
COMPLETED JUNE 30, 1993; RECLAMATION COMr4ENCE
JULY l, 1993 AND COMPLETED JANUARY 1, 1994);
CELL B(EXTRACTION COMPLETED DECEMBER 31, 1993;
RECLAMATION COMMENCE JANUARY 1, 1994 AND
COMPLETED JULY 1, 1994) ; AND CELL C(EXTRACTION
COMPLETED JUNE 30, 1994; RECLP~MATION COI~II~IENCING
JULY l, 1994 AND COMPLETED DECEMBER 31, 1994) .
S M
VOTE: 1 N 2 N 3 Y 4 Y 5 Y(Motion Carried)
MOTION: MOVE TO ADOPT RESOLUTION 92-32 AS AMENDED
APPROVING THE USE PERMIT, MINING PERMIT AND
RECLAMATION PLAN FOR GREEN ROCK QUARRY, AND
MAKING RELATED FINDINGS.
M S
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y(Unanimously Carried)
Public Hearings and Timed Items
92-120 Public hearing - John Haase - consideration of a rezone
(proposed negative declaration with mitigation measures
regarding environmental impact) from "U" (unclassified)
to FR-5 (foothill recreational - five acre parcels),
property located on the northwest corner of Timber
Springs Road and Rockefeller Road, approximately one mile
south of Bald Rock Road, in the Bald Rock area, AP 071-
020-098, Berry Creek. (125)
Page 97
March 24, 1992
March 24. 1992
92-120 MOTION: MOVE TO ACCEPT THE RECOMMENDATIONS OF STAFF
MEMORANDUM DATED OCTOBER 1, 1991, AND (A) FIND
THAT: (1) AN INITIAL STUDY WAS COMPLETED IN
COMPLIANCE WITH THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT.; (2) SAID STCTDY AND COMMENTS
RECEIVED THEREON IDENTIFIED POTENTIALLY
SIGNIFICANT ENVIRONMENTAL EFFECTS THAT THE
PROJECT MAY HAVE HAD, BUT: (A} PROVISIONS IN
THE PROJECT PLANS OR PROPOSALS MADE BY OR
AGREED TO BY THE APPLICANT WOULD AVOID SUCH
EFFECTS OR MTTIGATE SUCH EFFECTS TO A POINT
WHERE CLEARLY NO SIGNIFICANT ENVIRONMENTAL
EFFECTS WOULD OCCUR.; (B) THERE IS NO
SUBSTANTIAL EVIDENCE BEFORE THE COUNTY THAT THE
PROJECT AS REVISED MAY HAVE A SIGNIFICANT
EFFECT ON THE ENVIRONMENT.; (3) THE PROPOSED
NEGATIVE DECLARATION WITH MITIGATION MEASURES
HAS BEEN COMPLETED IN COMPLIANCE WITH THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT.; (4)
FIND THAT THE REZONE CONFORMS TO THE POLICIES,
INCLUDING THE TEXT AND MAP OF THE BUTTE COUNTY
GENERAL PLAN, BECAUSE OF OTHER RECENT REZONES
OF SIMILAR SIZE AND PURPOSE IN THE AREA; AND
(B) THAT THE BOARD OF SUPERVISORS ADOPT
ORDINANCE 2994 REZONING TO FR-5 AND FR-10 THAT
PROPERTY IDENTIFIED AS AP 071-020-098 (JOHN
HAASE), AND RECON~NSEND A CONDITIONAL ZONING
AGREEMENT SUBJECT TO THE FOLLOWING CONDITION:
(1) PROVIDE PROOF OF ADEQUATE WATER PRIOR TO
APPROVAL OF A TENTATIVE PARCEL MAP.
M S
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y(Unanimously Carried)
92-121 Continued hearing - NorthStar Engineering on behalf of
Roger Sohnrey - consideration of an appeal of the
Advisory Agency's denial of a tentative subdivision map
(proposed negative declaration with environmental
mitigations), AP 40-15-01, seven lots, property located
on the east side of Lott Road approximately 800 feet
south of Cummings Road, Durham area. (232)
MOTION: MOVE FOR A MOTION OF INTENT TO UPHOLD THE
APPEAL TO ALLOW APPLICANT TO ENJOY THE SAME
BENEFITS THAT ARE AFFORDED ADJOINING
PROPERTIES, AND TO MITIGATE POTENTIAL IMPACTS
ON ADJOINING LANDS.
M S
VOTE: 1 Y 2 N 3 Y 4 Y 5 Y(Motion Carried)
{SUPERVISOR MC LAUGHLIN NOT PRESENT)
Page 98
March 24, 1992
March 24. 1992
92-122 Public hearing - Durham House Preservation Partnership -
consideration of a rezone on which the Planning
Commission has recommended denial (proposed negative
declaration with mitigation measures regarding
environmental impact) from A-5 (agricultural - five acre
parcels) to PUD (planned unit development), property
located on the north side of Durham-Dayton Highway,
approximately 1,400 feet east of Jones Avenue, AP 040-
180-057 and 058, Durham. (510)
(SUPERVISOR FULTON NOT PRESENT; SUPERVISOR FULTON
PRESENT)
MOTION: MOVE FOR A MOTION OF INTENT TO UPHOLD THE
APPEAL INCORPORATING THE FINDINGS AND
CONDITIONS AS RECOMMENDED IN STAFF MEMORANDUM
DATED SEPTEMBER 25, 1992, AND TO INCLUDE
CONDITION 35. THE FINAL SUBDIVISION MAP FOR
PHASE TWO SHALL NOT BE RECORDED UNTIL A
BUILDING PERMIT HAS BEEN ISSUED COVERING
REHABILITATION OF THE DURHAM HOUSE., AND 36.
BUILDING PERMITS SHALL BE ISSUED FOR NOT MORE
THAN EIGHT LOTS WITHIN PHASE TWO PRIOR TO FINAL
INSPECTION AND APPROVAL OF THE DURHAM HOUSE
REHABILITATION.
S M
VOTE: 1 Y 2 Y 3 Y 4 NP 5 N (Motion Carried)
RECESS: 11:40 A.M.
RECONVENE: 11:58 A.M. (SUPERVISOR MC LAUGHLIN NOT
PRESENT)
92-123 Closed hearing - Brian and Patricia Robinson -
consideration of an application for cancellation of a
Land Conservation Act contract, withdrawal of 24.8 acres
leaving a 19.45 acre parcel under contract (prvposed
negative declaration regarding environmental impact),
property located on the west side of the Midway,
approximately .4 miles north of the Durham-Dayton
Highway, AP 40-18-53 and 54, Durham. (1300)
Page 99
March 24, 1992
~
March 24. 1992
92-123 MOTION: MOVE TO FIND THAT THE CANCELLATION IS
CONSISTENT WITH THE PROVISIONS OF CHAPTER 7,
ARTICLE 5 OF THE GOVERNMENT CODE IN THAT A
NOTICE OF NONRENEWAL HAS BEEN SERVED PURSUANT
TO SECTION 51245 AND A SPECIFIC ALTERNATE USE
OF THE LAND CONSISTING OF A SUBDIVISION OF 24
LOTS OF APPROXIMATELY ONE ACRE IS BEING
PROPOSED; THE CANCELLATION IS NOT LIKELY TO
RESULT IN THE REMOVAL OF ADJACENT LANDS FROM
AGRICULTURAL USE; THE CANCELLATION IS FOR AN
ALTERNATIVE USE WHICH IS CONSISTENT WITH THE
COUNTY GENERAL PLAN, AND THE DURHAM, DAYTON,
NEISON AREA PLAN; THE CANCELLATION WILL NOT
RESULT IN DISCONTIGUOUS PATTERNS OF
DEVELOPMENT; THE DEVELOPMENT OF THE CONTRACTED
LAND WOULD PROVIDE MORE CONTIGUOUS PATTERNS OF
URBAN DEVELOPMENT THAN DEVELOPMENT OF PROXIMATE
NONCONTRACTED LAND; AND (A) FIND THAT THE
REQUIREMENTS OF CEQA HAVE BEEN COMPLETED AND
CONSIDERED IN MAKING THIS DECISION AND ADOPT
A NEGATIVE DECLARATION REGARDING ENVIRONMENTAL
IMPACTS; AND (B) MOVE TO TENTATI~IELY APPROVE
CANCELLATION OF THE LAND CONSERVATION CONTRACT
FOR PATRICIA AND BRIAN ROBINSON, AP 040-180-
053 AND 054 SUBJECT TO PAYMENT OF CANCELLATION
FEES IN THE AMOUNT OF $20,625 AS DETERMINED BY
THE BUTTE COUNTY ASSESSOR PURSUANT TO
CHAPTER 7, ARTICLE 5, SECTION 51283 OF THE
GOVERNMENT CODE. PAYMENT OF SAID FEES SUBJECT
TO THE PROVISIONS OF SECTION 51283.4 OF THE
CALIFORNIA GOVERNMENT CODE.
S M
VOTE: 1 N 2 Y 3 Y 4 NP 5 Y (Motion Carried)
92-124 Consideration of a late appeal pursuant to Butte County
Code Section 20-66(c) - Sierra West Surveying, on behalf
of Ken Terrell, appeals condition no. 1(Provide two-way
traversable access RS-2-B to each parcel from a County
maintained road or State highway.} on the Ken Terrell
parcel map, AP 07-17-07, four parcels, property located
at the northwest corner of East Lassen Avenue and
Northgate Drive, Chico area.
MOTION: MOVE TO AUTHORIZE THE LATE APPEAL FINDING THAT
THERE IS GOOD AND SUFFICIENT REASON, AND UPON
PAYMENT OF THE APPROPRIATE APPEAL FEE, DIRECT
THE CLERK OF THE BOARD TO SET THE MATTER FOR
PUBLIC HEARING.
M S
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y(Unanimously Carried)
Page 100
March 24, 1992
March 24, 1992
92-125 Report to the Board on the status of projects in progress
as a result of the adoption of the Durham-Dayton-Nelson
land use plan and zoning. (1513) (REPORT BY NEIL
MC CABE, ASSISTANT COUNTY COUNSEL, THAT EACH PROJECT WILL
HAVE ITS OWN DETERMINATION, AND THAT DETERMINATION WILL
BE MADE AS PART OF THE PUBLIC HEARING PROCESS FOR THAT
PARTICULAR APPLICATION)
(BOARD DIRECTION TO STAFF TO PREPARE LETTERS OF
APPRECIATION FOR MEMBERS OF THE DURHAM-DAYTON-NEISON
CITIZENS ADVISORY COP'II~'IITTEE)
92-126 Award bid 57-92 - Juvenile Hall storeroom - the
Purchasing Office has opened bids for the construction
of a storeroom at Juvenile Hall. The lowest bid meeting
specifications is DML Construction, Orland, CA in the
amount of $68,770 - action requested:
A. APPROVE BUDGET TRANSFER; AND
B. AWARD BID. (2000)
MOTION: MO~IE TO APPROVE A BUDGET TRANSFER FROM THE
CRIMINAL JUSTICE FACILITIES FUND, AND AWARD
BID.
S M
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y(Unanimously Carried)
92-127 Butte County Jail expansion - action requested:
A. ADOPT A RESOLUTION APPROVING THE JAIL EXPANSION
PROJECT IN THE AMOUNT OF $7,812,223 IN STATE
PROPOSITION 52 AND 86 JAIL BOND ACT FUNDS, AND
AUTHORIZING THE CHAIR TO SIGN CONTRACTS WITH THE
STATE WITH ANY AMENDMENTS AND MODIFICATIONS THERETO;
B. APPROVE A GRANT CONTRACT WITH THE STATE BOARD OF
CORRECTIONS IN THE AMOUNT OF $284,289 REPRESENTING
PHASE I OF THE PROJECT FOR A CONSTRUCTION MANAGER;
C. APPROVE AN AGREEMENT WITH KITCHELL CEM, INC. IN THE
AMOUNT OF $284,289 TO PROVIDE BASIC CONSTRUCTION
MANAGEMENT SERVICES; AND
D. APPROVE BUDGET TRANSFER B-129 APPROPRIATING $284,289
FROM ANTICIPATED STATE JAIL BOND ACT FUNDS. (2120)
(***00)
Page 101
March 24, 1992
March 24. 1992
92-127 MOTION: ADOPT RESOLUTION 92-34 APPROVING THE JAIL
EXPANSION PROJECT IN THE AMOUNT OF $7,812,223
IN STATE PROPOSITION 52 AND 86 JAIL BOND ACT
FUNDS, AND AUTHORIZING THE CHAIR TO SIGN
CONTRACTS WITH THE STATE WITH ANY AMENDMENTS
AND MODIFICATIONS THERETO; (B) APPROVE A GRANT
CONTRACT WITH THE STATE BOARD OF CORRECTIONS
IN THE AMOUNT OF $284,289 REPRESENTING PHASE
I OF THE PROJECT FOR A CONSTRUCTION MANAGER;
(C) APPROVE AN AGREEMENT WITH KITCHELL CEM,
INC. IN THE AMOUNT OF $284,289 TO PROVIDE BASIC
CONSTRUCTION MANAGEMENT SERVICES; AND (D)
APPROVE BUDGET TRANSFER B-129 APPROPRIATING
$284,289 FROM ANTICIPATED STATE JAIL BOND ACT
FUNDS.
M S
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y(Unanimously Carried)
92-128 Consideration of supplemental information to be included
as part of County property tax billings. (555) (DIRECT
THE TREASURER/TAX COLLECTOR TO WORK ON THE INFORMATIONAL
PART, AND SUPERVISOR MC LAUGHLIN TO REFINE THE WORDING
FOR INCLUSION ON THE BACK OF THE GREEN ENVELOPES FOR
MAILING OF TAX BILLS AND ON PROPERTY TAX STATEMENTS
(PROPERTY TAX DOLLARS GENERATED IN BUTTE COUNTY, AB 8
FORMULA OF WHAT THE COUNTY ACTUALLY GETS BACK, AND THREE
LINE ITEMS OF EXPENDITURES: SHERIFF, FIRE, AND WELFARE,
TO SHOW WHERE PROPERTY TAXES ARE GOING~
92-129 Update by Acting Chief Administrative Officer on
Sacramento/legislative activities. (680) (STARLYN
BROWN, ACTING CHIEF ADMINISTRATIVE OFFICER, REPORTED ON
THE STATUS OF SENATOR LESLIE'S DISTRESSED COUNTIES
LEGISLATION ON BEHALF OF BUTTE COUNTY)
92-130 CLOSED SESSION: The Board recessed at 1:10 p.m. for
a closed session for the purpose of
potential litigation pursuant to
Government Code Section 54956.9(c)
(Stewart v. County of Butte).
RECONVENE: The Board reconvened at 1:45 p.m.
following a closed session for the purpose
of potential litigation pursuant to
Government Code Section 54956.9(c)
(Stewart v. County of Butte). (NO
ANNOUNCEMENTS)
Page loz
March 24, 1992
~
92-131
Communications
COMMUNICATIONS
OFFICE.)
a. Rod Johnson, Berry Creek - submits his resignation
as the District 1 representative to the Fish and
Game Commission - action requested - ACCEPT
RESIGNATION AND AUTHORIZE LETTER OF APPRECIATION.
b. Douglas P. Wheeler, Secretary for Resources, The
Resources Agency of California - forwards notice of
Sierra Summit Workshops, invites the Board to
participate, and asks their help in spreading the
word to interested citizens - action requested -
REFER TO CHIEF ADMINISTRATIVE OFFICER.
ADJOURNMENT: There being nothing further before the
Board at this time, the Board meeting was
adjourned at 1:45 p.m. to reconvene on
Tuesday, April 7, 1992 at 9:00 a.m.
March 24. 1992
Communications
received and referred. (COPIES OF ALL
ARE AVAILABLE IN THE CLERK OF THE BOARD
, Chair
ATTEST:
STARLYN BROWN, :~cting Chie~dYn~,fiistrative Officer
and~,Clerk of t~e Board of Supervisors
1'•
By : ~ '. ~~
Page 103
March 24, 1992