HomeMy WebLinkAboutM041393Abril 13, 1993
Call to order - Board of Supervisors room, County
Administration Building, 25 County Center Drive,
Oroville. Supervisors Meyer, Dolan, McLaughlin, Thomas
and Chair Houx present. John S. Blacklock, chief
administrative officer; Susan Minasian, county counsel;
and Nina Denton, deputy clerk of the Board.
Pledge of allegiance to the Flag of the United States of
America.
93-112 Items removed from the Consent Agenda for Board
consideration and action:
1. Administrative Office - Board authorization is
requested for the purchase of a 386 SX based
computer, monitor, keyboard, mouse, and operating
system software in the maximum amount of $1,500 to
replace a dated IBM PS/2 Model 30 which is too slow
and has insufficient memory to efficiently perform
the extent of trade-off analysis that will be
required during this year's budget development
process. Budget transfer B-128 has been prepared
for the necessary appropriation - action
requested - APPROVE PURCHASE OF FIXED ASSET ITEMS.
2. Introduction of a salary ordinance amendment - the
District Attorney has requested the
reclassification of an existing Legal Secretary II
position to a Supervising Legal Secretary position
due to an imbalance in the current staffing ratio
of supervisory position to legal clerical support
positions. Administration and the Personnel
Department support this request for
reclassification of a position to allow more
efficient supervisory control - action requested -
WAIVE READING OF THE ORDINANCE.
3. Butte County Jail - change order policy - a
resolution has been prepared setting forth a change
order policy for the Butte County Jail construction
project - action requested - ADOPT RESOLUTION AND
AUTHORIZE THE CHAIR TO SIGN.
Page 120 April 13, 1993
^,.
April 13. 1993
93-112 4. Resolution to Establish the Africanized Honey Bee
Task Force - action requested - ADOPT RESOLUTION
AND AUTHORIZE THE CHAIR TO SIGN.
5. Sacramento Service and Development Corporation -
food stamp issuance - proposed is a contract for
the period May 31, 1993 to December 31, 1995. The
contract provides for a transaction fee of $0.71
for each authorized transaction per month, with the
estimated contract cost for the remainder of fiscal
year 1992/93 of $17,000, and fiscal year 1993/94 of
$110,000. There are sufficient appropriations
remaining from the United States Postal Service
(USPS) contract to cover this contract - action
requested - APPROVE CONTRACT AND AUTHORIZE THE
CHAIR TO SIGN PENDING APPROVAL OF THE AUDITOR-
CONTROLLER AND COUNTY COUNSEL.
Consent Agenda
93-113 1. Approval of minutes - action requested - APPROVE
MINUTES OF MARCH 23, 1993.
2. Budget transfers - action requested - APPROVE
BUDGET TRANSFERS B-120 (PLANNING), B-121 (FIRE), B-
122 (FIRE), B-123 (FIRE), B-124 (GENERAL SERVICES),
B-125 (NORTH BUTTE COUNTY MUNICIPAL COURT), B-126
(PUBLIC HEALTH), B-127 (SHERIFF), B-128
(ADMINISTRATION), B-129 (EMERGENCY SERVICES), B-130
(FIRE), B-131 (SHERIFF), B-135 (SHERIFF), AND B-138
(FIRE).
3. Wayne Stout, c/o Eden Roc Realty, Inc. - Public
abandonment of a public utility overhead easement,
lot 76 of Paradise Pines Unit No. 5, identified as
AP 064-400-041, Paradise Pines - action requested -
ADOPT RESOLUTION 93-37 SETTING A PUBLIC HEARING FOR
MAY 11, 1993 AT 10:00 A.M. AND AUTHORIZE THE CHAIR
TO SIGN.
4. Jeff Farrar - abandonment of a
Chico Canyon Road, from Centennial
adjoining AP 011-030-059,
requested - ADOPT RESOLUTION 93-38
HEARING FOR MAY 11, 1993 AT
AUTHORIZE THE CHAIR TO SIGN.
right-of-way on
Avenue, easterly
Chico - action
SETTING A PUBLIC
10:00 A.M. AND
Page 121 April 13, 1993
April 13, 1993
93-113 5. County library donations - in accordance with
Government Code Section 25355, donations of $2,070
from Chico Friends of the Library, and $231
anonymously have been received for the Butte County
Library Trust Fund for the purchase of books -
action requested - ACCEPT DONATIONS AND AUTHORIZE
LETTERS OF APPRECIATION.
6. North State Cooperative Library System (NSCLS) has
requested that all computer equipment purchased by
NSCLS for member libraries be transferred to those
libraries - action requested - ACCEPT FIXED ASSETS
OF AN EPSON LQ850 PRINTER (MODEL P88MA, SERIAL
#OF21003075), SAMSUN MONITOR (MODEL MZ4571, SERIAL
#00501352), AND AST COMPUTER TERMINAL (MODEL 286,
SERIAL #00501352) VALUED AT $3,200; LEADING EDGE
MONITOR (SERIAL #KMA80503517, IBM COMPUTER (MODEL
5150), AND HEWLETT PACKARD LASER JET II PRINTER
(SERIAL #777960) VALUED AT $3,625; DFI COMPUTER
(MODEL 286-12), MITSUBA MONITOR (MODEL 710VH),
HEWLETT PACKARD LASER JET II PRINTER (SERIAL
#3003JG1AEU), AND HITACHI EXTERNAL CD DRIVE (MODEL
TCDR-7000, SERIAL #26577) VALUED AT $4,032; AND NEC
FAX MACHINE (BIT-V MODEL, SERIAL #67849) VALUED AT
$1,500 AND AUTHORIZE A LETTER OF APPRECIATION.
7. Alcohol and Drug Advisory Council - action
requested - APPOINT DONNA GAGHAGEN, JOHN KEELING
AND RON SMITH TO SERVE UNTIL JULY, 1996.
8. Bangor Cemetery District - action requested -
APPOINT PHILLIP VIERRA TO FILL AN UNEXPIRED TERM
ENDING JANUARY 18, 1995.
9. Durham Mosquito Abatement District - action
requested - ACCEPT RESIGNATION OF CHARLES POOLER,
AUTHORIZE LETTER OF APPRECIATION, AND APPOINT BILL
DEMPSEY TO FILL THE UNEXPIRED TERM ENDING
DECEMBER 31, 1994.
10. Kimshew Cemetery District - action requested -
APPOINT FRANK FUENTES TO FILL AN IINEXPIRED TERM
ENDING JULY 1, 1996.
Page 122 April 13, 1993
April 13. 1993
93-113 11. Final map - Chico Gardens Subdivision - the
developer has provided an assignment of savings to
guarantee construction of improvements within a
period of one year on AP 42-14-119, 12 lots,
property located on the southerly side of Highway
32, east of the southerly projection of W. 8th
Avenue, between Highway 32 and Sacramento Avenue,
Chico area - action requested - AUTHORIZE CHAIR TO
SIGN FIRST ENDORSEMENT - CONFIRMATION OF ASSIGNMENT
AND AUTHORIZATION TO PAY INTEREST, APPROVE FINAL
MAP, ACCEPT EASEMENTS AS GRANTED IN ITEMS B AND C
OF THE OWNER'S STATEMENT ON BEHALF OF THE PUBLIC,
ACCEPT GRANT IN FEE SIMPLE THE ONE FOOT NO ACCESS
STRIPS AND WEST 8TH AVENUE AS OFFERED IN THE
OWNER'S STATEMENT, AND AUTHORIZE THE CHAIR TO SIGN
THE SUBDIVISION AGREEMENT.
12. County Service Area No. 148 (Orchardcrest
Subdivision) - the Local Agency Formation
Commission has approved the formation of the county
service area to provide street lighting and storm
drainage maintenance pursuant to Government Code
Section 25210.14 - action requested - ADOPT
RESOLUTION 93-39 AND AUTHORIZE THE CHAIR TO SIGN.
13. Neal Road Landfill - waste tire disposal - four
quotations were received for the pick up and
disposal of all waste tires received and stockpiled
(approximately 700) at the landfill since
regulations went into effect January 1, 1993 that
preclude landfilling of whole tires. Public Works
reviewed all quotations and the quote of Oxford
Tire Recycling, Union City was determined to be the
most satisfactory. Total cost, depending upon
total number of tires at time of pick up, will be
approximately $1,500 - action requested - APPROVE
THE DIRECTOR-PUBLIC WORKS AUTHORIZING OXFORD TIRE
RECYCLING TO REMOVE WASTE TIRES FROM THE NEAL ROAD
LANDFILL IN ACCORDANCE WITH THE QUOTATION DATED
MARCH 31, 1993.
14. Development Services - Board authorization is
requested to purchase computer hardware, software
and necessary peripherals as approved in the
1992/93 budget to automate the Building Inspection
Division, network the Planning Division and
Director-Development Services to the Graphic
Information System (GIS), and network the GIS to
the building permit system - action requested -
APPROVE PURCHASE OF FIXED ASSET ITEMS (TO INCLUDE
SOLE SOURCE PURCHASE OF SOFTWARE) IN THE MAXIMUM
AMOUNT OF $84,500 ($50,000 BUILDING FUND/$34,500
GENERAL FUND) PURSUANT TO DATA PROCESSING
MEMORANDUM OF FEBRUARY 26, 1993.
Page 123 April 13, 1993
April 13, 1993
93-113 15. Fire Department - Board authorization is requested
to purchase an air compressor ($489), and a gas
power welder ($2,998) necessary to equip a new
mechanic's vehicle from savings realized in the
purchase of the vehicle. Budget transfer B-130 has
been prepared for the necessary appropriation -
action requested - APPROVE PURCHASE OF FIXED ASSET
ITEMS.
16. Fire Department - Board authorization is requested
to purchase six hose bridges to allow vehicles
(fire department or private vehicles) to pass over
five inch supply hose at a fire. The hose bridges
were approved in the 1992/93 budget (small tools),
but the cost was greater than anticipated. Budget
transfer B-138 in the amount of $558 has been
prepared for the necessary appropriation - action
requested - APPROVE PURCHASE OF FIXED ASSET ITEMS.
17. Fire Department - Paradise Pines Fire Station 33 -
Board authorization is requested to purchase a
replacement gas clothes dryer ($400), and gas
cooking range ($500). Budget transfer B-122 has
been prepared for the necessary purchase
appropriation and installation (to include a gas
water heater) - action requested - APPROVE PURCHASE
OF FIXED ASSET ITEMS.
18. Fire Department - Board authorization is requested
to purchase a Telecommunications Device for the
Deaf (TDD), which is required in Dispatch Centers
under the Americans with Disabilities Act. Budget
transfer B-123 in the amount of $800 has been
prepared for the necessary appropriation - action
requested - APPROVE PURCHASE OF FIXED ASSET ITEMS.
19. General Services - Board authorization is requested
to purchase a low volume laser printer in the
estimated amount of $800 to replace an older model
printer. Budget transfer B-124 has been prepared
to provide the necessary appropriation - action
requested - APPROVE PURCHASE OF FIXED ASSET ITEM.
20. North Butte County Municipal Court - Board
authorization is requested for the purchase of a
closed circuit camera security system which will
allow the bailiff and court administrator to view
prisoners in the holding cell, a security alarm
system for the Civil Division's new office at 196
Memorial Way, four computers and peripheral
equipment, a laser printer and receipt printer in
the total amount of $13,000. Budget transfer B-125
from savings within 1992/93 final budget (buildings
and grounds projects) has been prepared for the
necessary appropriation - action requested -
APPROVE PURCHASE OF FIXED ASSET ITEMS.
Page 124 April 13, 1993
April 13, 1993
93-113 21. South Butte County Municipal Court - a transfer
agreement has been prepared, pursuant to Chapter
587, Item 0250-001-001 of the Budget Act of 1992,
formally conveying ownership of computer equipment
loaned to the County (South Butte County Municipal
Court) by the Judicial Council of California for
the primary purpose of helping the County gather
and process information into the State's 5TATSCAN
program - action requested - APPROVE TRANSFER
AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN.
22. Public Health - Board authorization is requested to
purchase a replacement battery back-up unit for the
computer system that manages the master index
system in the amount of $600 from available fixed
assets funds - action requested - APPROVE PURCHASE
OF FIXED ASSET ITEM.
23. Award of bid (50-93) - the Purchasing Department
received and opened bids for the replacement and
installation of roof mounted HVAC units for the
Welfare Department. The low bid meeting
specifications is Fox Company, Oroville in the
amount of $22,700 plus tax - action requested -
AWARD BID.
24. Award of bid (54-93) - the Purchasing Department
received and opened bids for the purchase of a 1993
4x4 vehicle for the Sheriff's Department. The low
bid meeting specifications is Gold Rush Chevrolet,
Auburn in the amount of $16,012.43 - action
requested - AWARD BID.
25. Welfare Department - the County's change in the
method of distributing food stamps requires
exchange of data between the County Data Processing
Center and the food stamp issuance contract vendor.
Board authorization is requested to purchase two
PEP Unisys terminal emulation boards and software
from within existing appropriations at a cost of
$600 each - action required - APPROVE PURCHASE OF
FIXED ASSET ITEMS.
Page 125 April 13, 1993
April 13, 1993
93-113 26. Sheriff-Coroner - Board authorization is requested
for the purchase of two Peace Officer Standard
Training (POST) approved complete interactive video
work stations (Intel 486 DX/33 Mhz computer, 200 MB
hard drive, 8 MB RAM, 1.2 and 1.44 MB floppy
drives, 2 serial/1 parallel port, 14" .28mm SVGA
monitor, lol keyboard, mouse, VideoLogic DVA 4000
video adapter with software, IBM Info Window
emulator software, Pioneer LDV laser disc player
with interface, and micro stereo speakers), and two
POST approved satellite systems (10' unimesh a/1
commercial dish [C/Ku], receiver, descrambler, UHF
remote control, 35 degree C amp, .9 Ku amp, 24"
bearing H/D arm, cables, three 27" monitors and
installation) in the maximum amount of $19,500.
Budget transfer B-127 has been prepared for the
necessary transfer from the Narcotic Asset Seizure
Fund pending reimbursement by POST - action
requested - APPROVE PURCHASE OF FIXED ASSET ITEMS.
27. Sheriff-Coroner - Board authorization is requested
to trade a 1974 Cessna model 185 for a 1977 Cessna
model 210 utilizing $17,500 in Drug Asset Seizure
Funds, which are set aside for the specific purpose
of enhancing and upgrading narcotics enforcement
efforts. The upgrading to a Cessna 210 would
greatly enhance safety and operational capabilities
during the marijuana season. Because of the added
margin of safety in the Cessna 210 model, insurance
premiums will decrease by approximately $1,500 per
year. Budget transfer B-131 has been prepared for
the necessary appropriation - action requested -
APPROVE UPGRADE OF FIXED ASSET ITEM.
28. Sheriff-Coroner - Board authorization is requested
to purchase a Telecommunications Device for the
Deaf (TDD), which is required in Dispatch Centers
under the Americans with Disabilities Act. Budget
transfer B-135 in the amount of $700 has been
prepared for the necessary appropriation - action
requested - APPROVE SOLE SOURCE PURCHASE OF FIXED
ASSET ITEM.
29. Investment information report - the Treasurer/Tax
Collector submits the March, 1993 report in
accordance with AB 1073 and the County's investment
policy - action requested - ACCEPT FOR INFORMATION.
Page 126 April 13, 1993
Aoril 13. 1993
93-113 30. Community Development Block Grant (CDBG) Community
Housing Rehabilitation Income Reuse Program - the
California State Department of Housing and
Community Development requires that all
jurisdictions who wish to keep and use program
income at the local level have an adopted and
approved Housing Rehabilitation Income Reuse
Program - action requested - ADOPT RESOLUTION 93-40
APPROVING THE HOUSING REHABILITATION INCOME REUSE
PROGRAM AND AUTHORIZE THE CHAIR TO SIGN.
31. Adoption of a salary ordinance amendment - due to
the County Clerk-Recorder's on-going concern for
the increased cost involved with offering deferred
compensation, Board authorization is requested to
reduce per diem paid the classifications of
Election Clerk ($60/day), Election Judge ($60/day),
and Election Inspector ($70/day) to $19 per day
flat per diem rate, as well as receive
reimbursement for training, mileage, meals, and
equipment pick up/delivery - action requested -
ADOPT ORDINANCE 3058 AND AUTHORIZE THE CHAIR TO
SIGN.
32. Adoption of a salary ordinance amendment
establishing the position of Seasonal Election
Worker at a flat rate hourly assignment of $6.24 to
$9.23 an hour (this is equivalent to step 1 of an
Office Assistant I to step 5 of an Office Assistant
III.) The Director-Personnel concurs with this
request as it will allow the Elections Division to
be more proactive in effectively hiring staff prior
to critical election periods - action requested -
ADOPT ORDINANCE 3059 AND AUTHORIZE THE CHAIR TO
SIGN.
33. Adoption of a salary ordinance amendment - the
Director-Personnel has recently negotiated a
settlement agreement with the Social Service
Workers Unit wherein the classification of
Vocational Evaluator Technician is eliminated and
subsequently replaced with a Social Worker I, II
classification (the Vocational Evaluator Technician
is at the same salary range level as Social Worker
I). The Welfare Department, GAIN Division, has two
allocated positions of Vocational Evaluator
Technician (one incumbent is currently occupying a
position, and the other position is vacant). No
additional positions or funding is requested -
action requested - ADOPT ORDINANCE 3060 AND
AUTHORIZE THE CHAIR TO 5IGN.
Page 127 April 13, 1993
April 13, 1993
93-113 34. Introduction of an emergency medical response
ordinance (EMRO) - the purpose of the EMRO is to
provide for the public safety and welfare of County
citizens in the use of emergency ambulance and
other pre-hospital care resources through the
establishment of effective standards for the
operation, equipment and personnel of pre-hospital
emergency care services. The proposed EMRO has
been unanimously approved by the Emergency Medical
Care Committee (EMCC) - action requested - WAIVE
READING OF THE ORDINANCE.
35. Resolution authorizing the submittal of an
application to the California lntegrated Waste
Management Board for an Enforcement Assistance
Grant - action requested - ADOPT RESOLUTION 93-42
AND AUTHORIZE THE CHAIR TO SIGN.
36. Resolution recognizing April as Child Abuse
Prevention Month in Butte County - action
requested - ADOPT RESOLUTION 93-43 AND AUTHORIZE
THE CHAIR TO SIGN.
37. Resolution proclaiming April 12-18, 1993 as Public
Health Week in Butte County - action requested -
ADOPT RESOLUTION 93-44 AND AUTHORIZE THE CHAIR TO
SIGN.
38. Resolution in appreciation of Karl Wayne Johnston
for 26 years of service as a state traffic officer
for the California Highway Patrol - action
requested - ADOPT RESOLUTION 93-46A AND AUTHORIZE
THE CHAIR TO SIGN.
39. Nacht & Lewis Architects - Butte County and Jail -
an amendment has been prepared to the agreement
covering redesign of the security control rooms in
the two new housing units and deletion of the
double wall configuration. The net impact will be
a$9,000 reduction to the agreement - action
requested - APPROVE AMENDMENT TO AGREEMENT AND
AUTHORTZE THE CHAIR TO SIGN.
40. Mediation Center for the North Valley (MCNV) - the
proposed agreement is for the provision of a small
claims advisor service pursuant to Code of Civil
Procedure Sections 116.260 and 116.940 commencing
March 1, 1993 through February 28, 1994 in the
maximum amount of $1,500 per month - action
requested - APPROVE AGREEMENT AND AUTHORIZE THE
CHAIR TO SIGN.
Page 128 April 13, 1993
April 13. 1993
93-113 41. State Department of Toxic Substances Control -
under terms of the proposed agreement (No. 92-
T0094), the County agrees to provide a specialized
team of personnel to respond to hazardous materials
emergencies or potential emergencies. The grant
amount of the agreement, $23,000, is for the
purchase of equipment for use by the Fire
Department's Hazardous Materials Unit - action
requested - ADOPT RESOLUTION 93-46 APPROVING
AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN.
42. 1993/94 Families for Literacy Program Services
Grant - Board authorization is requested for the
submittal of a grant application to the California
State Library for approximately $15,000 in funding
from the California Library Services Act (Education
Code Section 18735) for continuing participation in
this program. Funds are used for materials and
staff to address the problems of intergenerational
illiteracy in eligible adult learner families -
action requested - APPROVE GRANT APPLICATION AND
AUTHORIZE THE DIRECTOR-LIBRARIES TO SIGN.
43. QUAD Consultants - Stringtown Mountain Specific
Plan Environmental Impact Report (EIR) - proposed
is an agreement for the preparation of an
environmental impact report for the proposed
rezone, general plan amendment and specific plan.
Total compensation of $48,352 for the completion of
the EIR has been deposited with the County by
applicant, Robert Taylor. Budget transfer B-120
has been prepared for the necessary
appropriation - action requested - APPROVE CONTRACT
AND AUTHORIZE THE CHAIR TO SIGN.
44. Maternal, Child and Adolescent Health contract no.
91-1233801 - amendment no. 1- the agreement, which
covers the period July 1, 1991 through June 30,
1993, is being amended to reflect an increase in
the maximum amount payable to the County from
$102,142 to $287,357 (100~ State) to cover the cost
of selected services directed toward low-income
mothers and children. The amendment reflects
additional State funds that became available for
perinatal and tobacco services for mothers and
children - action requested - APPROVE AMENDMENT TO
CONTRACT AND AUTHORIZE THE CHAIR TO SIGN PENDING
APPROVAL OF THE AUDITOR-CONTROLLER AND COUNTY
COUNSEL.
Page 129 April 13, 1993
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April 13, 1993
93-113 45. Connerly and Associates - Planning and Technical
Assistance Grant No. 92-STBG-632 - a consultant
services agreement has been prepared to administer
a Planning and Technical Assistant Grant which is
to provide for conducting a housing conditions
survey, housing needs report and preparation of
applications. Total compensation is the sum of
$22,800 (program income) - action requested -
APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN.
46. John Muldown - proposed is an agreement to purchase
Daark, a German Shepherd dog, for use by the
Sheriff's Department canine unit for the sum of $1
with the option for Muldown to repurchase Daark
from the County for the sum of $1 in the event
Daark becomes disabled or is no longer needed or
suited for police work, or Muldown leaves the
department for any reason - action requested -
APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN.
47. 1992/93 Parent Education Network (PEN) Placement
Prevention Program and 1992/93 Parent Education
Network AB 1733 Child Abuse Prevention contracts -
the PEN Placement Prevention Program expired on
March 31, 1993. This program uses in-home family
therapy and parenting skills training to reduce the
risk of child abuse in order to allow the child to
remain safely in the home and avoid placement in
foster care. Proposed is amendment no. 1 to the AB
1733 Child Abuse Prevention Program agreement which
reduces the agreement by $6,666 (savings in staff
costs), and amendment no. 2 to the PEN Placement
Prevention Program Agreement which extends the
agreement until June 30, 1993 in the additional
amount of $9,999 ($8,999 State/$1,000 County) -
action requested - APPROVE AMENDMENT NO. l, AND
AMENDMENT NO. 2 AND AUTHORIZE THE CHAIR TO SIGN.
48. State assumption of foster care licensing
activities - the California Department of Social
Services has suggested that it may initiate action
to assume the responsibility for administering the
foster home program on behalf of all California
counties - action requested - AUTHORIZE LETTERS TO
ASSEMBLYMAN TOM BATES, BUTTE COUNTY'S LEGISLATORS,
STATE DEPARTMENT OF SOCIAL SERVICES AND STATE
HEALTH AND WELFARE AGENCY EXPRESSING RESISTANCE TO
STATE ASSUMPTION OF FOSTER CARE LICENSING
ACTIVITIES AND AUTHORIZE THE CHAIR TO SIGN.
Page 130 April 13, 1993
April 13, 1993
93-113 49. Butte County Transit - free fare day - the Chico
Transportation Management Association is sponsoring
Alternative Transportation Day on Thursday,
April 22, 1993 - action requested - AUTHORIZE BUTTE
COUNTY TRANSIT TO PARTICIPATE IN ONE FREE FARE DAY,
THURSDAY, APRIL 22, 1993.
50. Retirement of a member of the Sheriff's Department
K-9 Corps -"Buck" is retiring after eight plus
years of dedicated service - action requested -
APPROVE PURCHASE OF "BUCK" BY DEPUTY SHERIFF JOHN
MULDOWN FOR $1.00, AND AUTHORIZE A CERTIFICATE OF
APPRECIATION.
51. Retirement of a member of the Sheriff's Department
K-9 Corps - effective March 1, 1993, "Joe" retired
after five years of dedicated service - action
requested - APPROVE PURCHASE OF "JOE" BY DEPUTY
SHERIFF MIKE LYDON FOR $1.00, AND AUTHORIZE A
CERTIFICATE OF APPRECIATION.
52. General Assistance regulations - action requested -
ADOPT RESOLUTION 93-47 DECLARING PERSONS SENTENCED
TO BUTTE COUNTY JAIL NOT ELIGIBLE FOR GENERAL
ASSISTANCE BENEFITS AND CHANGES TO GENERAL
ASSISTANCE HEARING REGULATIONS CLARIFYING ACTIONS
TO BE TAKEN WHEN A CLAIMANT FAILS TO APPEAR FOR
HEARING.
53. County Medical Services Program (CMSP) appeal
procedure - the CMSP appeal process is a method to
resolve client complaints regarding eligibility
determinations as interpreted and implemented by
the County's Department of Social Welfare - action
requested - ADOPT REVISIONS TO THE PROCEDURE TO
BRING THE CQUNTY MEDICAL SERVICES PROGRAM (CMSP)
APPEALS PROCESS INTO CONFORMITY WITH OTHER EXISTING
ELIGIBILITY PROGRAMS.
MOTION: I MOVE TO APPROVE THE CONSENT AGENDA WYTH THE
REMOVAL OF ITEMS 3.14, 3.35, 3.37, 3.41, AND
3.51.
S M
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y(Unanimously Carried)
Page 131 April 13,1993
April 13. 1993
Reqular Agenda
93-114
93-115
Item removed from the Consent Aqenda for Board
consideration and action.
1. Sacramento Service and Development Corporation -
food stamp issuance - proposed is a contract for
the period May 31, 1993 to December 31, 1995. The
contract provides for a transaction fee of $0.71
for each authorized transaction per month, with the
estimated contract cost for the remainder of fiscal
year 1992/93 of $17,000, and fiscal year 1993j94 of
$110,000. There are sufficient appropriations
remaining from the United States Postal Service
(USPS) contract to cover this contract - action
requested - APPRO~E CONTRACT AND AUTH~RIZE THE
CHAIR TO SIGN PENDING APPROVAL OF THE AUDITOR-
CONTROLLER AND COUNTY COUNSEL.
MOTIQN: I MOVE TO APPROVE CONTRACT AND AUTHORIZE THE
CHAIR TO SIGN PENDING APPROVAL OF THE AUDITOR-
CONTROLLER AND COUNTY COUNSEL. (150)
S M
VOTE: 1 Y 2 Y 3 Y 4 Y 5 N (Motion Carried)
Appointments - commissions and committees.
a. Appointments to committee vacancies. (188)
MOTION: I MOVE TO APPOINT DONICA 0'LAUGHLIN AS THE
DISTRICT 2 REPRESENTATIVE TO THE AGRICULTURAL
ADVISORY COMMIS5ION.
M 5
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y(Unanimously Carried)
b. Building Code Board of Appeals - action requested -
MAKE APPOINTMENT.
MOTION: I MOVE TO APPOINT STEVE SICKE TO FILL THE
BUILDING CODE BOARD OF APPEALS VACANCY.
S M
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y(Unanimously Carried)
Page 132 April 13, 1993
r~- ~-.
A~ril 13 , 1993
93-116 Discussion of National County Government Week
activities - action requested - ADOPT RESOLUTION
PROCLAIMING APRIL 17-24, 1993 AS NATIONAL COUNTY
GOVERNMENT WEEK IN BUTTE COUNTY AND AUTHORIZE THE CHAIR
TO SIGN.
MOTION: I MOVE TO ADOPT RESOLUTION 93-48 TO PROCLAIM
APRIL 17-24, 1993 AS NATIONAL COUNTY
GOVERNMENT WEEK IN BUTTE COUNTY AND AUTHORIZE
THE CHAIR TO SIGN.
S M
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y(Unanimously Carried)
93-117 Report of the Citizens' Committee on an Interim Land
Use Plan - action requested: (311)
(A) THE COMMITTEE REQUESTS BOARD ADOPTION OF A
RESOLUTION ESTABLISHING INTERGOVERNMENTAL
NOTIFICATION;
(B) DISBAND CONiNiITTEE AND AUTHORIZE LETTERS OF
APPRECIATION.
MOTION: I MOVE TO ADOPT RESOLUTION 93-49 ESTABLISHING
INTERGOVERNMENTAL NOTIFICATION; DISBAND
COMMITTEE AND AUTHORIZE LETTERS OF
APPRECIATION.
M S
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
RECESS: 9:55 A.M.
RECONVENE: 10:10 A.M. (SUPERVISOR MCLAUGHLIN NOT
PRESENT)
Public Hearings and Timed Items
93-118 Public hearing - Leo and Peter Steidlmayer -
consideration of General Plan Amendment to the timber
mountain designation to adopt policies to recognize
existing development and a rezone (proposed negative
declaration with mitigation measures regarding
environmental impact) from "U" (unclassified) to PUD
(planned unit development) TPZ-160 (timber preserve, 160
acre parcels) and TM-40 (timber mountain, 40 acre
parcels), property located on both sides of Humboldt Road
approximately 1.5 miles east of Skyway, AP 060-200-001,
etc., Butte Meadows area.
Public hearing - Durham Unified School District -
consideration of General Plan Amendment from agricultural
residential to public and rezone (proposed negative
declaration with mitigation measures regarding
environmental impacts} from SR-1 (suburban residential -
one acre parcels) to P-Q (public quasi-public), property
located on the west side of Midway, approximately 1,000
feet north of Durham-Dayton Highway, AP 040-180-003 and
004, Durham area.
Page 133 April 13, 1993
April 13, 1993
93-118 MOTION: I MOVE TO A. FIND THAT FOR THE DURHAM UNIFIED
SCHOOL DISTRICT, AP 040-180-003 AND 004:
1. THE DURHAM UNIFIED SCHOOL DISTRICT HAS
ADOPTED A NEGATIVE DECLARATION WITH MITIGATION
MEASURES; 2. SAID NEGATIVE DECLARATION HAS
BEEN REVIEWED AND CONSIDERED AND THAT THE
DOCUMENT IS ADEQUATE AND DOES NOT REQUIRE ANY
ADDITIONS OR MODIFICATIONS; AND 3. THE
PROPOSED GENERAL PLAN AMENDMENT AND REZONING
ARE CONSISTENT WITH THE BUTTE COUNTY GENERAL
PLAN, INCLUDING THE TEXT AND MAP, BECAUSE THE
SITE DESIGNATION CRITERIA LISTED IN THE
GENERAL PLAN CAN BE MET.; AND B. FIND THAT
LEO & PETER STEIDLMAYER, AP 060-200-001 PTN.,
ALL OF 060-200-002 THROUGH 020, 060-210-001
THROUGH 029, AND 060-220-001 THROUGH 023: 1.
AN INITIAL STUDY WAS COMPLETED IN COMPLIANCE
WITH THE CALIFORNIA ENVIRONMENTAL QUALITY
ACT.; 2. SAID STUDY AND COMMENTS RECEIVED
THEREON IDENTIFIED POTENTIAL 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 MITIGATE
SUCH EFFECTS TO POINT WHERE CLEARLY NO
SIGNIFICANT ENVIRONMENTAL EFFECTS WOULD OCCUR.
B) THERE IS NO SUBSTANTIAL EVIDENCE BEFORE THE
COUNTY THAT THE PROJECTS AS REVISED MAY HAVE
SIGNIFICANT EFFECT ON THE ENVIRONMENT.; 3.
THE PROPOSED NEGATIVE DECLARATION WITH
MITIGATYON MEASURES HAS BEEN COMPLETED IN
COMPLIANCE WITH THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT AND RECOMMEND THE BOARD OF
SUPERVISORS ADOPT A NEGATIVE DECLARATION WITH
MITIGATION MEASURES.; 4. THE GENERAL PLAN
AMENDMENT FOR AP 060-200-001 PTN., ALL OF
PARCELS 060-200-002 THROUGH 020, 060-210-001
THROUGH 029, AND 060-220-001 THROUGH 023 IS
NECESSARY TO PROVIDE CONSISTENCY BETWEEN
EXISTING DEVELOPMENT AND THE EXISTING GENERAL
PLAN.; AND 5. THE PROPOSED GENERAL PLAN
AMENDMENT IS CONSISTENT WITH THE POLICIES OF
THE BUTTE COUNTY GENERAL PLAN BECAUSE:
A) THAT THE DEVELOPMENT OF THE PROPERTY
INCLUDING THE EXECUTION OF THE ORIGINAL LEASES
PRE-DATES MOST, OF THE EXISTING PLANNING LAWS,
COUNTY ZONING, AND THE COUNTY'S IMPLEMENTATION
OF THE SUBDIVISION MAP ACT; B) THE BOARD OF
SUPERVISORS, IN 1986, MADE THE FINDINGS THAT
THE DEVELOPMENT OF THE LEASEHOLDS IN BUTTE
MEADOWS (LUCAS RANCH) CONFORMS TO THE DENSITY
ESTABLISHED BY PREVIOUS GOVERNMENTAL ACTION,
WITH OR WITHOUT SUBDIVISION OF THE PARCEL.
C) THE EXISTING RECREATIONAL, SUMMER USE
CABINS ARE ADJACENT TO TIMBER PRODUCTION
LANDS.; D) CONVERTING THESE PARCELS TO FEE
TITLE PARCELS WILL BENEFIT THE LEASEHOLDERS,
Page 134 April 13, 1993
April 13. 1993
93-118 PROPERTY OWNER, AND COUNTY BY CLARIFYING
PROPERTY BOUNDARIES, EASEMENTS, AND ACCESS
RIGHTS. E) THE DEVELOPMENT AND DENSITY ON THE
PROPERTY WAS KNOWN TO THE COUNTY IN 1979 WHEN
THE TIMBER MOUNTAIN GENERAL PLAN DESIGNATION
WAS ADOPTED. THE USE OF THE PROPERTY FOR
SEASONAL RECREATIONAL USE IS NOT TO LIKELY TO
CEASE AND THE CONVERSION FROM LEASE TO FEE
TITLE PARCELS DOES NOT CONSTITUTE A CHANGE IN
LAND USE. C. ADOPT A NEGATIVE DECLARATION
WITH MITIGATION MEASURES FOR THE GENERAL PLAN
AMENDMENT AND REZONE FOR PROPERTY IDENTIFIED
AS AP 060-050-004 PTN., 060-200-001 PTN., 060-
200-002 THROUGH 020, 060-210-001 THROUGH 029,
AND 060-220-001 THROUGH 023 (PETER & LEO
STEIDLMAYER) AND ADOPT A NEGATIVE DECLARATION
WITH MITIGATION MEASURES FOR PROPERTY
IDENTIFIED AS AP 040-180-003 AND 004 (DURHAM
UNIFIED SCHOOL DISTRICT); AND D. ADOPT
RESOLUTION 93-50 AMENDING THE BUTTE COUNTY
GENERAL PLAN LAND USE ELEMENT TO PUBLIC AND
TIMBER MOUNTAIN WITH A RECREATIONAL
DEVELOPMENT OVERLAY INCLUDING THE FOLLOWING
TEXT POLICIES: THAT PORTION OF BUTTE MEADOWS
HISTORICALLY KNOWN AS THE "LUCAS RANCH" WAS
DIVIDED BY LEASES AND DEVELOPED WITH
RECREATIONAL SUMMER CABINS AT A TIME WHEN
LOCAL COUNTY REVIEW WAS NOT REQUIRED. BASED
ON HISTORICAL USE, PREVIOUS BOARD OF
SUPERVISORS FINDINGS, AND PREDOMINANTLY
SEASONAL USE OF THE STRUCTURES THE CABINS ON
THE PROPERTY THE TIMBER MOUNTAIN GENERAL PLAN
LAND USE DESIGNATION CAN BE FOUND IN
CONFORMITY WITH PARCEL SIZES LESS THAN 40
ACRES WITH A RECREATIONAL DEVELOPMENT OVERLAY.
THE RECREATIONAL DEVELOPMENT OVERLAY IS
APPROPRIATE WHEN THE FOLLOWING CRITERIA AND
POLICIES ARE USED: 1) THE SITE WAS DEVELOPED
THROUGH THE USE OF LEASES PRIOR TO COUNTY
ZONING FOR THE SITE AND LOCAL SUBDIVISION MAP
ACT REVIEW; 2) AS MUCH AS FEASIBLE, IT SHALL
BE A POLICY TO MAINTAIN THE CHARACTER OF THE
AREA AS SEASONAL RECREATION CABINS; 3) THE
LOTS SHALL BE CREATED THROUGH A PUD ZONING AND
ASSOCIATED SUBDIVISION. THE DEVELOPMENT
STANDARDS OF THE PUD ZONE AND THE BUTTE COUNTY
SUBDIVISION ORDINANCE SHOULD BE MODIFIED TO
REFLECT THE RURAL AND SEASONAL NATURE OF THE
PROPERTY WITH THE INTENT OF MAINTAINING THE
CHARACTER OF THE SITE. 4) THE COMMON AREA
REQUIRED BY THE PUD ZONE SHALL REMAIN
UNDEVELOPED AND SHALL BE AVAILABLE FOR PASSIVE
Page 135 April 13, 1993
April 13. 1993
93-118
VOTE:
RECREATIONAL USES BY THE
THE PROPERTY IS DEVELOPED
COMPATIBLE WITH, AND DO
DETRACT FROM THE USE OF
BEING USED FOR COMMERCIAL
(**144)
M S
1 Y 2 Y 3 Y 4 NP 5 Y(Unanimously Carried)
PROPERTY OWNERS. 5)
WITH USES THAT ARE
NOT SIGNIFICANTLY
ADJACENT PROPERTIES
TIMBER PRODUCTION.
93-119 Public hearing - Durham Unified School District -
consideration of General Plan Amendment from agricultural
residential to public and rezone (proposed negative
declaration with mitigation measures regarding
environmental impacts) from SR-1 (suburban residential -
one acre parcels) to P-Q (public quasi-public), property
located on the west side of Midway, approximately 1,000
feet north of Durham-Dayton Highway, AP 040-180-003 and
004, Durham area.
MOTION: I MOVE TO A. FIND THAT FOR THE DURHAM UNIFIED
SCHQOL DISTRICT, AP 040-180-003 AND 004: 1)
THAT THE REZONE FROM "U" TO P-Q (PUBLIC/QUASI-
PUBLIC) DURHAM UNIFIED SCHOOL DISTRICT
COMPLIES WITH THE GOVERNMENT CODE REQUIREMENT
OF COMPATIBILITY AND CONSISTENCY BETWEEN THE
GENERAL PLAN DESIGNATION AND SPECIFIC ZONING;
B. ADOPT A NEGATIVE DECLARATION WITH
MITIGATION MEASURES FOR PROPERTY IDENTIFIED AS
AP 040-180-003 AND 004 (DURHAM UNIFIED
SCHOOL DISTRICT); AND C. ADOPT ORDINANCE 3062
REZONING TO P-Q THAT PROPERTY IDENTIFIED AS AP
040-180-003 AND 004 (DURHAM UNIFIED SCHOOL
DISTRICT). (**162)
M S
VOTE: 1 Y 2 Y 3 Y 4NP 5 Y(Unanimously Carried)
(SUPERVISOR McLAUGHLIN PRESENT)
93-120 Public hearing - Leo and Peter Steidlmayer -
consideration of General Plan Amendment to the timber
mountain designation to adopt policies to recognize
existing development and a rezone (proposed negative
declaration with mitigation measures regarding
environmental impact) from "U" (unclassified) to PUD
(planned unit development) TPZ-160 (timber preserve, 160
acre parcels) and TM-40 (timber mountain, 40 acre
parcels), property located on both sides of Humboldt Road
approximately 1.5 miles east of Skyway, AP 060-200-001,
etc., Butte Meadows area.
MOTION: I MOVE TO A. FIND THAT FOR LEO AND PETER
STEIDLMAYER, AP 060-200-001 PTN., ALL OF 060-
200-002 THROUGH 020, 060-210-001 THROUGH 029,
AND 060-220-001 THROUGH 023: 1. THE REZONE
TO PUD, TM-40 AND TPZ-160 FROM "U" AND TPZ-
160, PETER AND LEO STEIDLMAYER COMPLIES WITH
THE GOVERNMENT CODE REQUIREMENT OF
Page 136 April 13, 1993
April 13, 1993
93-120 COMPATIBILITY AND CONSISTENCY BETWEEN THE
GENERAL PLAN DESIGNATION AND SPECIFIC
ZONING.; B. ADOPT A NEGATIVE DECLARATION WITH
MITIGATION MEASURES FOR THE GENERAL PLAN
ANEMDMENT AND REZONE FOR PROPERTY IDENTIFIED
AS AP 060-050-004 PTN., 060-200-001 PTN. 060-
200-002 THROUGH 020, 060-210-001 THROUGH 029,
AND 060-220-001 THROUGH 023 (PETER AND LEO
STEIDLMAYER); C. ADOPT THE FOLLOWING WRITTEN
FINDINGS FOR AN IMMEDIATE REZONE OUT OF TPZ-
160 FOR A PORTION OF AP 060-050-004 (PETER AND
LEO STEIDLMAYER): 1) THE IMMEDIATE REZONING
WOULD BE IN THE PUBLIC INTEREST.; 2) THE
IMMEDIATE REZONING DOES NOT HAVE A SUBSTANTIAL
AND UNMITIGATED ADVERSE EFFECT UPON THE
CONTINUED TIMBER GROWING USE OR OPEN SPACE USE
OF OTHER LAND ZONED AS TIMBER PRESERVE AND
SITUATED WITHIN ONE MILE OF THE EXTERIOR
BOUNDARY OF THE LAND UPON WHICH THE IMMEDIATE
REZONING IS PROPOSED.; 3) THE SOILS, SLOPES,
AND WATERSHED CONDITIONS WILL BE SUITABLE FOR
THE USES PROPOSED BY THE APPLICANT IF THE
IMMEDIATE REZONING IS APPROVED.; AND 4) THE
IMMEDIATE REZONING IS NOT INCONSISTENT WITH
THE PURPOSES OF SUBDIVISION (J) OF SECTION 3
OF ARTICLE XIII OF THE STATE CONSTITUTION AND
GOVERNMENT CODE CHAPTER RELATING TO TIMBERLAND
ZONING IN THAT THERE WILL BE NO NET AREA
LOSS OF TPZ-160 ZONING.; F. ADOPT ORDINANCE
3061 REZONING TO TPZ-160, PUD, AND TM-40,
PROPERTY IDENTIFIED AS AP 060-050-004 PTN.,
060-200-001 PTN., 060-200-002 THROUGH 020,
060-210-001 THROUGH 029, 060-270-001 THROUGH
023 (STEIDLMAYER, ROSEBURG FOREST PRODUCTS);
AND G. APPROVE A PHASED TENTATIVE SUBDIVISION
MAP ON AP NO. 060-200-001 PTN., 060-200-002
THROUGH 020, 060-210-001 THROUGH -29, AND 060-
220-001 THROUGH 023 (LEO & PETER STEIDLMAYER)
SUBJECT TO THE FOLLOWING MITIGATION MEASURES
AND CONDITIONS NOS. 1-43. THE FOLLOWING
CONDITIONS WERE ADOPTED BY THE BOARD FOR THE
STEZDLMAYER REZONE AND TENTATIVE SUBDIVISION
MAP: (1) PROVIDE 20 FEET RADIUS PROPERTY LINE
RETURNS AT ALL STREET INTERSECTIONS. (2)
INDICATE A 50 FT. BUILDING SETBACK LINE FROM
THE CENTERLINE OF HUMBOLDT ROAD. (3) STREET
SIGNS SHALL BE PRO~IIDED BY THE DEVELOPER AT
ALL STREET INTERSECTIONS PER COUNTY
REQUIREMENTS. (SUBMIT 5 ALTERNATE NAMES FOR
EACH STREET TO THE COUNTY ADDRESS COORDINATOR
FOR APPROVAL OF STREET NAMES.) (4) DEED 30 FT.
ON EACH SIDE OF THE CENTERLINE OF HUMBOLDT
ROAD TO THE COUNTY OF BUTTE. (5) PROVIDE
MONUMENTATION AS REQUIRED BY THE DEPARTMENT OF
PUBLIC WORKS IN ACCORDANCE WITH ACCEPTED
STANDARDS. (6) ALL EASEMENTS OF RECORD TO BE
SHOWN ON THE FINAL MAP. (7) MEET REQUIREMENTS
Page 137 April 13, 1993
A~ril 13 , 1993
93-120 OF THE BUTTE COUNTY FIRE DEPARTMENT OR OTHER
RESPONSIBLE AGENCY. (8) VERIFY LEGAL ACCESS.
(9) PROVIDE A ROAD MAINTENANCE AGREEMENT FOR
PRIVATE ROADS. (10) MEET THE REQUIREMENTS
OF THE UTILITY COMPANIES (I.E., PG&E,
PACIFIC TELEPHONE, WATER, SEWER.) (11) PAY ANY
DELINQUENT TAXES OR CURRENT TAXES AS
REQUIRED. (12) DEVELOPER SHALL PROVIDE ALL
REQUIRED TRAFFIC SAFETY SIGNS, INCLUDING STOP
SIGNS. (13) PREPARE NECESSARY DEEDS FOR
RECORDATION. SUBMIT TO THE LAND DEVELOPMENT
DIVISION FOR CHECKING AND APPROVAL PRIOR TO
RECORDING. (14} VERIFY THAT THE PARTIAL
RECONVEYANCE AND/OR MODIFICATION OF TRUST
DEEDS HAS BEEN ACCOMPLISHED, IF NECESSARY.
(15) VERIFY THAT THERE ARE NO DELINQUENT TAXES
DUE PRIOR TO RECORDING DEEDS OR MAP. (16)
PREPARE A MAP SHOWING APPROVED BOUNDARY LINE
MODIFICATION AND SUBMIT TO LAND DEVELOPMENT
DIVISION FOR CHECKING, APPROVAL AND RECORDING.
(17) AFTER RECORDATION OF BOUNDARY LINE
MODIFICATION DEEDS, CONTACT THE ASSESSOR'S
OFFICE AND REQUEST THAT THE NECESSARY PARCELS
BE COMBINED SO THAT NO NEW PARCELS ARE
CREATED. (18) FILE A RECORD OF SURVEY MAPS OR
APPROVED ALTERNATE SHOWING THE APPROVED
BOUNDARY LINE MODIFICATION. (19) SHOW ALL
EASEMENTS OF RECORD ON THE BOUNDARY LINE
MODIFICATION MAP. (20) PROVIDE AN APPROVED
SOURCE OF DOMESTIC WATER FOR EACH EXISTING
DWELLING FROM A WELL SOURCE, EITHER AN
INDIVIDUAL WELL OR COMMUNITY WATER SUPPLY
SYSTEM. (21) VERIFY AN ADEQUATE QUANTITY OF
DOMESTIC WATER WILL BE AVAILABLE TO EACH LOT.
(22) IF INDIVIDUAL WELLS ARE UTILIZED PROVIDE
SUFFICIENT AREA FOR INSTALLATION OF A WELL OR
REPLACEMENT WELL, 100 FEET OR MORE FROM ANY
SEWAGE DISPOSAL AREA. (23) CORRECT ANY
EXISTING VIOLATIONS OF THE BUTTE COUNTY SEWAGE
DISPOSAL ORDINANCE INCLUDING THE DISCHARGE OF
WASTEWATER ONTO THE SURFACE OF THE GROUND.
COMPLIANCE WITH SEWAGE DISPOSAL REGULATIONS IS
REQUIRED IRRESPECTIVE OF MAP APPROVAL.
(24) RELOCATE TO AN APPROVED AREA ANY EXISTING
WASTEWATER OR SEWAGE DISPOSAL FACILITIES
LOCATED WITHIN 50 FEET OF A CREEK. (25) FOR
EXISTING RESIDENCES PROPOSED TO REMAIN,
PR~VIDE USABLE SEWAGE DISPOSAL AREA IN
COMPLIANCE WITH APPENDIX VII OF THE BUTTE
COUNTY SUBDIVISION ORDINANCE STANDARDS EITHER
ON THE LOT OR AS RESTRICTED COMMON AREA WITHIN
THE COMMON AREA. (26) FOR EXISTING RESIDENCES
THAT ARE PROPOSED TO REMAIN AND CANNOT BE
PROVIDED WITH USABLE SEWAGE DISPOSAL AREA IN
COMPLIANCE WITH APPENDIX VII, BUTTE COUNTY
SUBDIVISION ORDINANCE STANDARDS, PROVIDE
SUFFICIENT USABLE SEWAGE DISPOSAL AREA FOR AN
Page 138 April 13, 1993
April 13, 1993
93-120 ORIGINAL AND REPLACEMENT SEWAGE DISPOSAL
SYSTEM TO SERVE THE EXISTING DEVELOPMENT
EITHER ON THE LOT OR AS RESTRICTED COMMON AREA
WITHIN THE COMMON AREA. (27) FOR THOSE
RESIDENCES THAT ARE TO REMAIN AND CANNOT BE
PROVIDED WITH USABLE SEWAGE DISPOSAL AREA IN
COMPLIANCE WITH APPENDIX VII, BUTTE COUNTY
SUBDIVISION ORDINANCE STANDARDS, PLACE A NOTE
ON THE MAP THAT STATES: "LOTS
WERE CREATED TO ACCOMMODATE EXISTING
STRUCTURES. THE NUMBER OF BEDR~~MS AND THE
TOTAL SQUARE FOOTAGE OF EACH OF THESE
STRUCTURES SHALL NOT BE INCREASED BY ADDING ON
OR BY CONSTRUCTING A REPLACEMENT STRUCTURE,
UNLESS SUCH ADD-ONS OR REPLACEMENT STRUCTURES
COMPLY WITH ALL REQUIREMENTS OF STATE AND
LOCAL LAWS AND REGULATIONS AT THE TIME OF
SUCH CONSTRUCTION." (28) FOR LOTS CREATED TO
ACCOMMODATE NEW DEVELOPMENT PROVIDE USABLE
SEWAGE DISPOSAL AREA AND VERIFICATION OF
ADEQUATE QUANTITIES OF DOMESTIC WATER IN
COMPLIANCE WITH APPENDIX VI AND APPENDIX VII
OF THE BUTTE COUNTY SUBDIVISION ORDINANCE
EITHER ON THE LOT OR WITHIN THE COMMON AREA OR
RESTRICTED COMMON AREA. (29) FOR EXISTING
DWELLINGS LOCATED UPON PROPOSED LOT AREAS THAT
CANNOT COMPLY WITH SEWAGE DISPOSAL OR DOMESTIC
WATER SUPPLY REQUIREMENTS SHOW THOSE PROPOSED
LOT AREAS ON THE FINAL MAP AS PART OF THE
COMMON AREA. (30) PROVIDE A HOMEOWNER'S
ASSOCIATION OR OTHER LEGAL ENTITY ADEQUATE TO
MAINTAIN NO GRAVITY FLOW SEWAGE DISPOSAL
SYSTEMS PROPOSED TO BE LOCATED UPON A LOT OR
WITHIN RESTRICTED COMMON AREA. (31) PROVIDE
APPROVAL OF THE CALIFORNIA STATE REGIONAL
WATER QUALITY CONTROL BOARD. (32) PLACE A
NOTE ON THE MAP THAT STATES: "THIS MAP WAS
REVIEWED BY THE COUNTY OF BUTTE FOR COMPLIANCE
WITH SUBDIVISION REQUIREMENTS AND STANDARDS.
THE REVIEW DID NOT INCLUDE A DETERMINATION
THAT THE EXISTING RESIDENCES CONFORM TO ALL
OTHER COUNTY ORDINANCES." (33) PLACE A NOTE ON
THE MAP THAT STATES: "THE OWNERS OF
RESIDENCES WITHIN THE SUBDIVISION ARE
RESPONSIBLE TO COMPLY WITH ALL APPLICABLE
STATE AND COUNTY LAWS AND REGULATIONS RELATED
TO THE CONDITION OF SUCH STRUCTURES." (34)
PROVIDE TRAFFIC TURN-OUTS AT 400 FT. INTERVALS
ALONG THE ROAD THAT PROVIDES ACCESS TO THE
PARCELS NORTH OF THE CREEK. TURN-OUTS SHALL
BE 10 FT. WIDE BY 30 FT. LONG WITH A 25 FT.
TAPER ON EACH LOT. (35) ALL ROADS AND
BUILDINGS SHALL MEET THE FIRE SAFE
REQUIREMENTS OF PUBLIC RESOURCES CODE 4290 FOR
ROAD SIGNING AND HOUSE NUMBERING. (36) N~ NEW
STRUCTURES SHALL BE LOCATED WITHIN 20 FEET OF
THE OUTER EDGE OF ANY MEADOW. THE EXPANSION
Page 139 April 13, 1993
April 13, 1993
93-120 OF EXISTING STRUCTURES SHALL BE DESIGNED SO AS
NOT TO FURTHER ENCROACH ON ANY MEADOW AND MUST
BE APPROVED BY THE DIRECTOR OF DEVELOPMENT
SERVICES. THE MEADOWS ARE TO BE DELINEATED
WITH THE ASSISTANCE OF DEPARTMENT OF FISH AND
TAME AND SHOWN ON THE FINAL MAP.
(37) MAINTENANCE OF ANY NECESSARY DRAINAGE
IMPROVEMENTS WILL BE THE RESPONSIBILITY OF THE
HOMEOWNERS ASSOCIATION. A PROVISION TO THIS
EFFECT SHALL BE INCLUDED IN THE CC&R'S.
(38) EXCEPT FOR HUMBOLDT ROAD, PROVIDE A
MINIMUM 20' WIDE RIGHT-OF-WAY FOR ROADS OR
DRIVEWAYS SERVING 1 PARCEL AND A MINIMUM 30'
WIDE RIGHT-OF-WAY FOR ROADS SERVING 2 OR MORE
PARCELS. (39) PROVIDE FOR A 10' BUILDING
SETBACK FOR ALL SIDE AND REAR PROPERTY LINES.
A NOTE TO THIS EFFECT SHALL BE INCLUDED ON
FINAL MAP AND IN THE CC&R~S. (40) SHOW ON THE
ADDITIONAL MAP SHEET A 50 FT. BUILDING SETBACK
FROM THE TOP OF THE BANK OR OUTER EDGE OF
RIPARIAN VEGETATION, WHICHEVER IS GREATER,
ALONG BUTTE CREEK. THE BUILDING SETBACK SHALL
NOT APPLY TO STRUCTURES THAT ARE REPLACING
EXISTING STRUCTURES LOST DUE TO CATASTROPHIC
EVENTS, DEMOLITION, OR CONDEMNATION.
EXPANSION OF EXISTING STRUCTURES SHALL BE
DESIGNED SO AS NOT TO FURTHER ENCROACH UPON
THE CREEK AND MUST BE APPROVED BY THE DIRECTOR
OF DEVELOPMENT SERVICES. (41) ALL PARCELS NOT
DEVELOPED WITH AN EXISTING CABIN OR DWELLING
SHALL BE SUBJECT TO SCHOOL IMPACT FEES OF
$5,392 PER DWELLING UNIT UNLESS OTHERWISE
SPECIFIED BY THE PARADISE UNIFIED SCHOOL
DISTRICT OR LIMITED BY STATE LEGISLATION. (42)
PLACE A NOTE ON THE ADDITIONAL MAP SHEET THAT
STATES: "FIRE SUPPRESSION SPRINKLER SYSTEMS
SHALL BE INSTALLED IN ALL NEW RESIDENTIAL
STRUCTURES IN ACCORDANCE WITH THE NATIONAL
FIRE PROTECTION ASSOCIATION STANDARD FOR THE
INSTALLATION OF SPRINKLER SYSTEMS IN ONE AND
TWO FAMILY DWELLINGS AND MOBILE HOMES, NFPA
STANDARD 13D." (43) SHOW ON THE ADDITIONAL NIAP
SHEET ALL THAT AREA DESIGNATED AS FLOOD ZONE
"A" AS PER THE FEMA FLOOD ZONE MAPS. NO NEW
STRUCTURES WILL BE ALLOWED WITHIN THE
DESIGNATED FLOOD PLAIN UNLESS THEY CONFORM TO
THE BUILDING REQUIREMENTS FOR A FLOOD ZONE
"A". EXISTING STRUCTURES WITHIN THE FLOOD
ZONE THAT ARE REMOVED, DEMOLISHED, DESTROYED
BY A CATASTROPHIC EVENT, OR CONDEMNED WILL
HAVE TO MEET THE SAME REQUIREMENTS OR BE
RELOCATED OUTSIDE OF THE FLOOD ZONE. A NOTE
TO THIS EFFECT SHALL BE PLACED ON THE
ADDITIONAL MAP SHEET.
S M
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y(Unanimously Carried)
Page 14 0 April 13, 1993
A~ril 13 , 1993
93-121 Public hearing - Clayton Gunn - consideration of an
appeal of the Planning Commission's denial of a General
Plan Amendment (proposed negative declaration with
mitigation measures regarding environmental impact) from
grazing and open land to agricultural-residential on
property zoned A-5 (agricultural, five acre parcels),
property located on the south side of Durham-Pentz Road,
approximately 3,300 feet west of Clark Road, AP 041-130-
021, Oroville area. (**389)
MOTION: I MAKE A MOTION OF INTENT TO APPROVE THE
PROJECT AND CONTINUE THE HEARING CLOSED TO
JULY 13, 1993. (**1331)
M S
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y(Unanimously Carried)
93-122 Public Hearing - George Thompson - consideration of a
rezone (proposed negative declaration with mitigation
measures regarding environmental impacts) from "U"
(unclassified) to FR-3 (foothill residential - three acre
parcels) or TM-3 (timber mountain - three acre parcels),
property located at 891 Bald Rock Road, on the north side
of Bald Rock Road, approximately two miles east of
Oroville-Quincy Highway, AP 062-200-109, Oroville area.
(**1516)
MOTION: I MOVE TO ACCEPT THE RECOMMENDATIONS OF STAFF
MEMORANDUM DATED JANUARY 19, 1993; AND A. FIND
THAT 1. AN INITIAL STUDY HAS BEEN COMPLETED IN
COMPLIANCE WITH CEQA; 2. SAID STUDY AND
CONII~IENTS RECEIVED THEREON IDENTIFIED
POTENTIALLY SIGNIFICANT ENVIRONMENTAL EFFECTS
THE PROJECT MAY HAVE HAD, BUT: A) REVISIONS IN
THE PROJECT PLANS OR PROPOSAL MADE BY OR
AGREED TO BY THE APPLICANT WOULD AVOID SUCH
EFFECTS OR MITIGATION SUCH EFFECTS TO A POINT
WHERE CLEARLY NO SIGNIFICANT ENVIRONMENTAL
EFFECTS WOULD OCCUR; AND 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 TM-
3 ZONING IS CONSISTENT WITH THE BUTTE COUNTY
GENERAL PLAN, INCLUDING THE TEXT AND MAP, AND
IS CONSISTENT WITH THE USE OF OTHER LOTS IN
THE AREA; AND B. ADOPT A NEGATIVE DECLARATION
WITH MITIGATION MEASURES (LISTED AS EXHIBIT A)
AND ADOPT ORDINANCE 3063 REZONING T~ TM-3
THAT PROPERTY IDENTIFIED AS AP062-200-109.
(**1525)
M S
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y(Unanimously Carried)
Page 141 April 13, 1993
April 13, 1993
93-123 Public hearing - David Strunk on behalf of Elizabeth
Metzger (Orchard Acres) - consideration of an appeal of
the Development Review Committee's denial of a tentative
subdivision map (item for which an environmental impact
report has been certified), AP 39-25-30, 48 lots,
property located on the northwest corner of Holland
Avenue and Hanlon Road, Durham area - action requested -
OPEN HEARING AND CONTINUE OPEN TO MAY 11, 1993 AT 10:15
A.M. (**1531) (HEARING OPENED AND CONTINUED OPEN TO
MAY 11, 1993 AT 10:15 A.M.)
Regular Agenda
93-124 Jail School Program - action requested - BOARD SUPPORT OF
PROGRAM AND PERMISSION TO SITE BUILDINGS ON COUNTY
PROPERTY. (**1689)
MOTION: I MOVE THAT THE BOARD SUPPORT THE PROGRAM AND
GIVE PERMISSION T~ SITE BUILDINGS ON COUNTY
PROPERTY.
S M
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y(Unanimously Carried)
93-125 SAFOR Corporation - Paradise Pines Sheriff's Substation -
an agreement has been prepared for the lease of 1,000
square feet of office space at 14130 Skyway, Suites E&
G, Magalia which will house the Sheriff's Substation and
the STAR's Program - action requested - APPROVE LEASE
AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN.
MOTION: I MOVE TO APPROVE LEASE AGREEMENT AND
AUTHORIZE THE CHAIR TO SIGN.
S M
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
93-126 Agricultural Commissioner - Board authorization is
requested to purchase three mid size pick up trucks,
three two-way mobile radios, a typewriter, Dataflex 3.O1B
Multi-user development license, and monitor with PC
enhanced keyboard in the maximum amount of $41,150 from
unanticipated revenue of $64,598.50 received from
Unclaimed Gas Tax Allocation. Budget transfer B-136 has
been prepared for the necessary appropriation - action
requested - APPROVE PURCHASE OF FIXED ASSET ITEMS.
(**1853)
MOTION: I MOVE TO APPROVE PURCHASE OF FIXED ASSET
ITEMS.
M S
VOTE: 1 N 2 Y 3 Y 4 Y 5 Y(Motion Carried)
Page 142 April 13, 1993
-1 Avril 13. 1993 ~
Regular Agenda
93-127 Items removed from the Consent Agenda for Board
consideration and action:
2. Resolution to Establish the Africanized Honey Bee
Task Force -action requested - ADOPT RESOLUTION AND
AUTHORIZE THE CHAIR TO SIGN. (**2227)
MOTION: I MOVE TO ADOPT RESOLUTION 93-44 AND AUTHORIZE
THE CHAIR TO SIGN WITH ONE WORD CHANGE IN
PARAGRAPH 3, "THE ADVISORY CONIIrIITTEE SHALL
HAVE...." TO "THE ADVISORY COMMITTEE MAY
HAVE.....".
M S
VOTE: 1 Y 2 Y 3 Y 4 N 5 Y (Motion Carried)
93-128 3. Board interpretation pursuant to Butte County Code
Section 24-20(d) for service organization/city
entry/public directional signing. (**2590)
MOTION: I FIND THAT PURSUANT TO BUTTE COUNTY CODE
SECTION 24-20(D) THE BOARD DETERMINES THAT
PUBLIC INFORMATIONAL SIGNS, THAT CAN INCLUDE
DIRECTIONAL SIGNS CONTAINING DIRECTIONAL
INFORMATION ABOUT PUBLIC PLACES, PUBLICLY
OWNED HISTORIC, CULTURAL, AND EDUCATIONAL
SITES, ARE AN ALLOWED USE IN AGRICULTURAL
ZONES AND THE INSTALLATION IS SUBJECT TO
PUBLIC WORKS AND PROPERTY OWNERS APPROVAL.
(**2846)
M S
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y(Unanimously Carried)
RECESS: 12:10 P.M.
RECONVENE: 1:30 P.M.
93-129 Voting system change - the County Clerk-
Recorder/Registrar of Voters is recommending the County
discontinue use of the present DataVote voting system and
begin utilizing the Mark-A-Vote system - action
requested: (***}
MOTION: CONTINGENT UPON A FIRM SALE, I MOVE TO (A)
APPROVE THE VOTING SYSTEM CHANGE FROM DATAVOTE
TO MARK-A-VOTE; (B) DECLARE DATAVOTE PUNCHES
AND CARD READERS SURPLUS TO THE COUNTY'S NEEDS
AND AUTHORIZE THE GENERAL SERVICES
OFFICE/PURCHASING OFFICE TO SELL THEM AT
PUBLIC BID; (C) APPROPRIATE UNANTICIPATED
REVENUE FROM THE SALE OF SURPLUS EQUIPMENT TO
ELECTIONS BUDGET ACCOUNTS 541 (SPECIAL
DEPARTMENT EXPENSE) AND 563 (FIXED ASSETS)
(BUDGET TRANSFER B-132); AND (D) AUTHORIZE
ACQUISITION OF THREE MARK-A-VOTE CARD READERS
AND VARIOUS ELECTION SUPPLIES. (***337)
M S
VOTE: 1 Y 2 Y 3 Y 4 N 5 Y(Motion Carried)
Page 143 April 13, 1993
April 13, 1993
93-130 County Clerk-Recorder and Registrar of Voters - upgrade
of computer system for Recorder and Elections Offices -
action requested - APPROVE BUDGET TRANSFER B-134 AND
ACQUISITION OF FIXED ASSET ITEMS.
MOTION: I M~VE TO APPROVE BUDGET TRANSFER B-134 AND
ACQUISITION OF FIXED ASSET ITEMS. (***395)
S M
VOTE: 1 Y 2 Y 3 Y 4 N 5 Y(Motion Carried)
93-131 County Counsel - reorganization of office to facilitate
the defense of selected litigation in house - action
requested - APPROVE OFFICE REORGANIZATION AND DIRECT THE
DIRECTOR-PERSONNEL TO PREPARE AN ORDINANCE RECLASSIFYING
A PARALEGAL POSITION TO STAFF SERVICES SYSTEMS
SPECIALIST.
MOTION: I APPROVE OFFICE REORGANIZATION AND DIRECT THE
DIRECTOR-PERSONNEL TO PREPARE AN ORDINANCE
RECLASSIFYING A PARALEGAL POSITION TO STAFF
SERVICES SYSTEMS SPECIALIST. (***544)
S M
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y(Unanimously Carried)
93-132 Stockless Office Supply Program - action requested -
AGREE TO PARTICIPATE IN SACRAMENTO COUNTY'S PURCHASING
PROGRAM WITH EASTMAN, INC. FOR OFFICE SUPPLIES. (GENERAL
SERVICES)
MOTION: I MOVE THAT THE BOARD AGREE TO PARTICIPATE IN
SACRAMENTO COUNTY'S PURCHASING PROGRAM WITH
EASTMAN, INC. FOR OFFICE SUPPLIES.
S M
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y(Unanimously Carried)
93-133 Items removed from the Consent Agenda for Board
consideration and action:
4. Butte County Jail - change order policy - a
resolution has been prepared setting forth a change
order policy for the Butte County Jail construction
project - action requested - ADOPT RESOLUTION AND
AUTHORIZE THE CHAIR TO SIGN.
MOTION: I MOVE TO ADOPT RESOLUTION 93-41 AND AUTHORIZE
THE CHAIR TO SIGN AMENDED TO INCLUDE
ADMINISTRATIVE AUTHORITY TO APPROVE CHANGE
ORDERS, AND THE ADDITIONAL AUTHORITY OF
ASSISTANT CHIEF ADMINISTRATIVE OFFICER FOR A
TOTAL OF THREE WITH TWO OF THE THREE
SIGNATURES REQUIRED FOR ADMINISTRATIVE
AUTHORITY APPROVAL.
M S
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y(Unanimously Carried)
Page 144 April 13, 1993
April 13, 1993
Public Hearings and Timed Items
93-134 Public hearing - consideration of a proposed ordinance
adopting a fee schedule for the Department of Development
Services (including the Building and Safety Division, the
Land Development Division, and the Planning Division),
and the California Division of Forestry and Fire
Protection's (CDF) Fire Safe Program with the goal of
making said Department's services and programs fully or
largely self-supporting - action requested - OPEN HEARING
AND CONTINUE OPEN TO APRIL 27, 1993 AT 2:00 P.M.
(***858) (HEARING OPENED AND CONTINUED OPEN TO MAY 11,
1993 AT 2:00 P.M.)
Reqular Agenda
(VICE CHAIR MCLAUGHLIN PRESIDING)
93-135 Items removed from the Consent Agenda for Board
consideration and action:
5. Administrative Office - Board authorization is
requested for the purchase of a 386 SX based
computer, monitor, keyboard, mouse, and operating
system software in the maximum amount of $1,500 to
replace a dated IBM PS/2 Model 30 which is too slow
and has insufficient memory to efficiently perform
the extent of trade-off analysis that will be
required during this year's budget development
process. Budget transfer B-128 has been prepared
for the necessary appropriation - action
requested - APPROVE PURCHASE OF FIXED ASSET ITEMS.
M~TION: I MOVE T
ITEMS IN
INCLUDE A
S
VOTE: 1 Y 2 Y
(CHAIRMAN
~ APPROVE PURCHASE OF FIXED ASSET
THE MAXIMUM AMOUNT OF $1,800 TO
486 TYPE COMPUTER.
M
3 Y 4 Y 5 Y(Unanimously Carried)
HOUX PRESIDING)
93-136 Introduction of a salary ordinance amendment - the
District Attorney has requested the reclassification of
an existing Legal Secretary II position to a Supervising
Legal Secretary position due to an imbalance in the
current staffing ratio of supervisory position to legal
clerical support positions. Administration and the
Personnel Department support this request for
reclassification of a position to allow more efficient
supervisory control - action requested - WAIVE READING OF
THE ORDINANCE. (***2455)
MOTION: I MOVE TO WAIVE READING OF THE ORDINANCE.
M S
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y(Unanimously Carried)
Page 145 April 13, 1993
i ~
AAril 13. 1993
Communications
93-137 Communications received and referred. (COPIES OF ALL
COMMUNICATIONS ARE AVAILABLE IN THE CLERK OF THE BOARD
OFFICE.)
a. United States Department of the Interior, Bureau of
Land Management (BLM) - forwards a copy of a draft
report to Congress concerning the history, as well
as current and future administration, of road
rights-of-way granted under the provisions of
Revised Statute 2477 (RS2477), notice of public
meetings, and notice of April 16, 1993 as the end
of the public comment period. (REFER TO CHIEF
ADMINISTRATIVE OFFICER, COUNTY COUNSEL, DIRECTOR-
DEVELOPMENT SERVICES, AND DIRECTOR-PUBLIC WORKS)
(***2941)(****54~
93-138 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.) (****90)
1. Charles Caruthers, Cherokee - SB 950 (LESLIE).
93-139 CLOSED SESSION: The Board recessed at 3:45 p.m. to a
closed session for the purpose of a
personnel matter pursuant to
Government Code Section 54957 and
meet and confer pursuant to
Government Code Section 54957.6.
RECONVENE: The Board reconvened at 3:57 p.m.
following a closed session for the
purpose of a personnel matter pursuant to
Government Code Section 54957 and meet
and confer pursuant to Government Code
Section 54957.6. (NO ANNOUNCEMENTS)
ADJOURNMENT: There being no further business before
the Board, the meeting was adj ourned at
3:58 p.m. to reconvene on Tuesday,
April ~27, 1993 at 9:0,0 ~a.m.
_ .~ ~ ~
/ ~ .. . ~r: !` j . (,-'~: ;'~~~ ~ 1.'~ .l r~ ~~
MAR~ ~ANNE HOUX, Chair
Board of Supervisors
ATTEST:
JOHN S. BLACKLO K, Chief Administrative Officer
and Clerk of t e Board of Supervisors
1
By: _
Page 146 April 13, 1993