HomeMy WebLinkAboutM041889'~
APri1 18_, ___~ 9.8.9
Ca11 to order - Board of Supervisors room, County
Administration Building, 25 County Center Drive, Oroville.
Supervisors Dolan, Mclnturf, McLaughlin, Vercruse and Chairman
Fulton present. William H. Randolph, chief administrative
officer; Susan Roff, county counsel; and Carol Roach,
assistant clerk of the Board.
Pledge of allegiance to the Flag of the United States of
America.
89-161 Items removed from the Consent Agenda for Board consideration
and action.
~.. Budget transfers - action requested - APPROVE BUDGET
TRANSFERS B-149 (MENTAL HEALTH), 8-150 (RECORDER), B-151
(ADMINISTRATION), B-152 (FIRE) AND B-153 (FIRES.
2. Metcalf and Eddy agreement - an agreement has been
prepared with the consultants to provide water quality
testing at the Neal Road Landfill in amount not to exceed
$83,440 without County approval - action requested -
APPROVE AGREEMENT AND AUTHORIZE THE CHAIRMAN TO SIGN.
3. Enhanced 911 contract - an agreement has been prepared
with Pacific Bell to furnish enhanced 91.1 emergency
reporting telephone service. This system will consist
of five answering points (Chico, Gridley, Oroville,
Paradise, and the unincorporated County). The County and
each answering paint are required to contract with
Pacific Bell for the E911. service - action requested --
APPROVE CONTRACT AND AUTHORIZE THE CHAIRMAN TO SIGN,
SUBJECT TO REVIEW BY COUNTY COUNSEL.
Page 1~1
April 18, 1989
April 18, 1989
4. Amendment 2 - Systems and Computer Technology (SCI}
agreement - the amendment extends the term of the
agreement to December 30. 1992, modifies full-time
equivalent staff provided to the computer center, amends
the payment schedule for each fiscal year, and modifies
the multiple overhead factor. The effective date of the
amendment is May 1, 1989 - action requested - APPROVE
AMENDMENT 2 AND AUTHORIZE THE CHAIRMAN TO SIGN.
5. Reil and Avery agreement - the agreement provides for
providing negotiations and consultation services on
employer-employee relations to be effective July 1. 1989
on an open ended basis, with a 30 day cancellation
provision in the monthly amount of $1,600 - action
requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIRMAN
TO SIGN.
89-162
Consent Agenda
1. Approval of Minutes - action requested - APPROVE MINUTES
OF APRIL 4, 1989.
2. Planning Department donation - B. A. Kircher offers to
donate a compact portable computer with an estimated
market value of $1,200 - action requested - ACCEPT
DONATION AND AUTHORIZE LETTER OF APPRECIATION.
3. County library donations - in accordance with Government
Code Section 25355, donations have been received for the
Butte County Library Trust for the purchase of books as
follows: $500 from Paradise Friends of the Library, $600
from Oroville Friends of the Library, and $112.50 from
an anonymous donor - action requested - ACCEPT DONATIONS
AND AUTHORIZE LETTERS OF APPRECIATION.
4. Appointment to System Advisory Board of the Northstate
Cooperative Library System - action requested - APPOINT
ANNETTE EDWARDS TO SERVE A CONTINUING TERM TO EXPIRE
DECEMBER 31, 1991.
5. Report to the Board - Shastan Homes -denied rezone from
S-R (suburban residential} to R-3 (residential} (proposed
negative declaration with mitigation measures regarding
environmental review) for property located on the
southwest side of Highway 32, approximately 1.100 feet
northwest of Oak Way, identified as AP ~2-14-15,
Chico - action requested - INFORMATION ONLY.
Page 102
April 18, 1989
April 18.,___1.989
6. Final map - Potter Ravine Shores Subdivision -- the
developer has provided an irrevocable letter of credit
to guarantee construction of improvements within one year
for the 21 lot subdivision, AP 41-28-179, property
located on the northwesterly side of Lake Oroville at
Potter Ravine, 1.5 miles east of Oregon Gulch Road,
Oregon Gulch area - action requested - APPROVE THE FINAL
MAP AND ACCEPT EASEMENTS AS GRANTED IN ITEMS 1 AND 2 OF
THE OWNER'S CERTIFICATE ON BEHALF OF THE PUBLIC.
7. Report from County Counsel regarding Nitrate Action Plan
Standards, Area D density - action requested -
ACRNOWLEDGE RECEIPT OF COUNTY COUNSEL'S MEMORANDUM AND
DIRECT THE ENVIRONMENTAL HEALTH DEPARTMENT TO PROCESS THE
CHAPLA, MERRITT, AND ESTES APPLICATIONS IN ACCORDANCE
THEREWITH USING THE ONE UNIT PER ACRE EQUIVALENCY
STANDARDS.
8. J. D. Zink, Attorney at Law - on behalf of Morris A.
Bneger, files a claim for damages in the amount of
$100,000 as a result of alleged injuries and damages
sustained on or about November 10, 1988 as a result of
his incarceration in the Butte County Jail - action
requested - REJECT CLAIM AND REFER TO COUNTY COUNSEL AND
RISK MANAGEMENT.
9. Fire Department vehicle - Board authorization is
requested to purchase a 1971 white freightliner (serial
number AP08647? as detailed by the fire department in
their memorandum of April 5, 1989 in the amount of
$28,302, sharing the cyst with the Butte College
volunteer fire company. Budget transfer B-152 has been
prepared to provide the necessary appropriation - action
requested - APPROVE PURCHASE OF FIXED ASSET ITEM.
10. Investments information report - the Treasurer / T a x
Collector submits the March 31, 1989 report in
accordance with AB 1073 and the County's investment
policy - action requested - ACCEPT FOR INFORMATION.
11. Salary ordinance amendment increasing a cook position in
the juvenile hall from 3/4 time to 9/10 time - action
requested - WAIVE THE SECOND READING AND ADOPT ORDINANCE
2742.
12. Salary ordinance amendment increasing the Chief
Administrative Officer's salary to 563,500 per year and
adding two typist clerk positions to support the
Sheriff's work furlough program - action requested -
WAIVE THE SECOND READING AND ADOPT ORDINANCE 2743.
Page 103
A ril 18, 1989
13. Salary ordinance amendment establishing the position of
civil disaster officer at range 25.5 -- action requested -
WAIVE THE SECOND READING AND ADOPT ORDINANCE 2744.
14. Salary ordinance amendment increasing the County Welfare
Director's salary to range 35.5, step E - action
requested - WAIVE THE SECOND READING AND ADOPT ORDINANCE
2745.
15. Butte Environmental Council Resolution - a resolution has
been prepared approving the submission of a proposal from
the organization under the California Beverage Container
Recycling and Litter Reduction Act to provide a recycling
presentation countywide to junior and senior high school
students, a recycling media campaign, and a fall and
spring Bidwell Park cleanup - action requested - ADOPT
RESOLUTION 89-046 AND AUTHORIZE THE CHAIRMAN TO SIGN.
16. Right-of--way exchange - proposed is a right-of-way
exchange with Bradley V. Leers and Dawn D. Leers for other
right-of-way along Oro-Bangor Highway which is needed for
road purposes as part of a tentative parcel map, AP 36-
46-55, four parcels, property located on the south side
of Oro-Bangor Highway, approximately 2,200 feet west of
Foothill Boulevard, Oroville area - action requested -
APPROVE THE AGREEMENT FOR EXCHANGE OF REAL PROFERTY;
ADOPT RESOLUTION 89-047 AND AUTHORIZE THE CHAIRMAN TO
SIGN THE AGREEMENT AND THE QUITCLAIM DEED.
17. Private Industry Council agreement - an agreement has
been prepared between the Cauncil and the California
State Department of Education in the amount of $136,729
(JTPA funds, $68,365 and GAIN state match funds,
$68 , 364) . The purpose of the grant is to provide funding
in remedial courses for GAIN participants - action
requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIRMAN
TO SIGN.
18. Bartkiewicz, Rronick and Shanahan agreement - an
agreement has been prepared with the law firm to provide
attorney services - action requested - APPROVE AGREEMENT
AND AUTHORIZE THE CHAIRMAN TO SIGN.
Page 3.04
April 18. 1989
April 18. 1989
19. Gridley School District Primary Intervention Project
contract - contract no. 88-79267 has been prepared with
the State Department of Mental Health in the amount of
$9,328 to implement the first year of a primary
intervention program in the Gridley School District
covering the period February 6, 1989 through 3uz~e 30,
1989 - action requested - APPROVE CONTRACT AND AUTHORIZE
THE CHAIRMAN TO SIGN.
20. Sally Gjestson contract - the agreement provides for
individual therapy to the Child Protective Services
division of the Welfare Department in the amount of
$5,000 covering the period April 1, 1989 through
December 31, 1989 - action requested - APPROVE AGREEMENT
AND AUTHORIZE THE CHAIRMAN TO SIGN.
21. District Attorney office hours - a resolution has been
prepared closing the District Attorney's Chico branch
office from 2-5 p.m. and to restrict telephone calls
into the office from 8 a.m. to 2 p.m. daily - action
requested - ADOPT RESOLUTION 89-048 AND AUTHORIZE THE
CHAIRMAN TO SIGN.
22. Amendment to Conflict of Interest Code - Durham Unified
School District - action requested - APPROVE A REVISED
APPENDIX "A" TO THE CONFLICT OF INTEREST CODE.
23. North Burbank (Lake Oroville} Public Utility District -
consolidation of election request - action requested -
ACKNOWLEDGE RECEIPT OF THE DISTRICT'S RESOLUTION, DIRECT
THE CLERK OF THE BOARD TO NOTIFY ALL DISTRICTS AND
REQUEST INPUT ON THE EFFECT OF CONSOLIDATION, AND DIRECT
THE COUNTY CLERK TO PREPARE AN IMPACT ANALYSIS OF THE
PROPOSED CONSOLIDATION.
MOTION: MOVE TO APPROVE THE CONSENT AGENDA WITH THE
REMOVAL OF ITEMS 3.02, 3.20, 3.21, 3,22 AND
3,25,
S M
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y {Unanimously Carried?
Rectular Agenda
89-163 Items removed from the Consent Agenda fvr Board consideration
and action.
1. Budget transfers - action requested - APPROVE BUDGET
TRANSFERS B-149 (MENTAL HEALTH). B-150 (RECORDER), B-151
{ADMINISTRATION), B-152 {FIRE) AND B-153 {FIRE).
Page 3.05
April 18, 1989
A ri1 18 1989
MOTION: MOVE TO APPROVE BUDGET TRANSFERS B-150 {RECORDER),
B-151 {ADMINISTRATION}, 8-152 (FIRE) AMENDED TO
,$9,302 DONATION FROM THE VOLUNTEER FIRE DEPARTMENT
FOR A TOTAL OF $23,302, AND B-153 {FIRE).
S M
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried}
2. Metcalf and Eddy agreement - an agreement has been
prepared with the consultants to provide water quality
testing at the Neal Road Landfill in amount not to exceed
$83,~~0 without County approval - action requested -
APPROVE AGREEMENT AND AUTHORIZE THE CHAIRMAN TO SIGN.
MOTION: MOVE TO APPROVE AGREEMENT AND AUTHORIZE THE CHAIRMAN
TO SIGN.
S M
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried?
3. Enhanced 911 contract - an agreement has been prepared
with Pacific Bell to furnish enhanced 911 emergency
reporting telephone service. This system will consist
of five answering points (Chico, Gridley, Oroville,
Paradise, and the unincorporated County). The County and
each answering point are required to contract with
Pacific Bell far the E911 service - action requested -
APPROVE CONTRACT AND AUTHORIZE THE CHAIRMAN TO SIGN,
SUBJECT TO REVIEW BY COUNTY COUNSEL. {160}
MOTION: MOVE TO APPROVE CONTRACT AND AUTHORIZE THE CHAIRMAN
TO SIGN, SUBJECT TO REVIEW BY COUNTY COUNSEL, AND
DIRECTION TO ADMINISTRATIVE STAFF TO REVIEW DR.
WARD`S CONCERNS AND TF THERE IS ANY FURTHER ACTION
NEEDED, TO BRING IT BACK TO THE BOARD AT THAT TIME.
S M
VOTE: 1 Y 2 Y 3 Y 4 N 5 Y (Motion Carried}
Page 106
April 18, 1989
April 18, 1989
4. Amendment 2 - Systems and Computer Technology {SCI}
agreement - the amendment extends the term of the
agreement to December 30, 1992. modifies full-time
equivalent staff provided to the computer center, amends
the payment schedule far each fiscal year, and modifies
the multiple overhead factor. The effective date of the
amendment is May 1, 1989 - action requested - APPROVE
AMENDMENT TO AND AUTHORIZE THE CHAIRMAN TO SIGN. {811)
MOTION: APPROVE AMENDMENT TO CURRENT CONTRACT FROM JULY,
1989 THROUGH JUNE, 1990, WHICH WOULD AUTHORIZE THE
TWELVE POSITIONS, AND THE APPROPRIATE BUDGET
TRANSFER COME BACK BEFORE THE BOARD.
S M
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y {Unanimously Carried)
5. Reil and Avery agreement - the agreement provides for
providing negotiations and consultation services on
employer-employee relations to be effective July 1, 1989
on an open ended basis, with a 34 day cancellation
provision in the monthly amount of 51,504 - action
requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIRMAN
TO SIGN. (1585}
MOTION: MOVE TO APPROVE AGREEMENT AND AUTHORIZE THE CHAIRMAN
TO SIGN.
S M
VOTE: 1 N 2 Y 3 Y 4 Y 5 Y {Motion Carried}
(NEIL McCABE. DEPUTY COUNTY COUNSEL PRESENT FOR SUSAN ROFF,
COUNTY COUNSEL)
89-164 Report from County Counsel regarding Nitrate Action Plan
Standards, Area D density - action requested - ACKNOWLEDGE
RECEIPT OF COUNTY COUNSEL'S MEMORANDUM AND DIRECT THE
ENVIRONMENTAL HEALTH DEPARTMENT TO PROCESS THE CHAPLA,
MERRITT, AND ESTES APPLICATIONS IN ACCORDANCE THEREWITH USING
THE ONE UNIT PER ACRE EQUIVALENCY STANDARDS. {NO FURTHER
ACTION TAKEN}
RECESS: 10:10 A.M.
RECONVENE: 10:25 A.M.
Page 147
April 18, 1989
April 18_,_1989
PUBLIC HEARINGS AND TIMED ITEMS
89-165 Public hearing - consideration o€ adopting park facility fees
for the unincorporated Chico urban area. (2220} (**00}
MOTION: MOVE THAT WE DIRECT THAT AN ORDINANCE AND A
RESOLUTION BE PREPARED TO ESTABLISH PARK FACILITY
FEES IN THE CHIGO URBAN AREA THAT IS THE SAME AS
THAT ADOPTED BY THE CHICO CITY COUNCIL.
M S
VOTE: 1 N 2 Y 3 Y 4 N 5 N {Motion Failed)
MOTION: MOTION OF INTENT TO ESTABLISH PARK FACILITY FEES OF
$722 AS IDENTIFIED IN THE CARD MASTER PLAN FOR THE
UNINCORPORATED CHICO URBAN AREA.
S M
VOTE: 1 N 2 Y 3 Y 4 Y 5 Y {Motion Carried)
89-166 Public hearing - Elizabeth Ann Staples appeal of the
Subdivision Violation Committee's approval of a conditional
Certificate of Compliance, AP 39-26-39, property located 500'
south of Durham-Dayton Highway, approximately 3,000' east of
Aguas Frias Road, Durham area. {350}
MOTION: MOTION OF INTENT TO UPHOLD THE APPEAL WITH
APPROPRIATE FINDINGS TO BE PREPARED BY STAFF.
S M
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
REGULAR AGENDA
89-167 Appointments - commissions and committees.
a. Appointments to committee vacancies. (736} (NONE)
89-168 Consideration of request by Wizard Manufacturing, Inc. to
postpone urban area improvements at their property located at
2220 Normal Avenue, Chico {AP 39-430-126}. {740}
MOTION: MOVE TO AUTHORIZE THE PUBLIC WORKS DIRECTOR TO ENTER
INTO AN AGREEMENT TO POSTPONE THE IMPROVEMENTS UNTIL
RESOLUTION OF THE EXTENSION OF TVY STREET IS
CONCLUDED.
M S
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y {Unanimously carried)
Page 108
April 18, 1989
,_ -~
April 1$, 19.89
RECESS: 11:12 A.M.
RECONVENE: 11:24 A.M. {SUPERVISOR VERCRUSE NOT PRESENT)
PUBLIC HEARINGS AND TIMED ITEMS
$9-169 Public hearing - Chris M. Dewsnup - variance to allow the
creation of a .97 acre lot (proposed negative declaration
regarding environmental impact} on property zoned A-40
(agricultural, 40 acre parcels), property located on the east
side of Lewis Oak Road, approximately 1200' north of Peterson
Road, identified as AP 21-~.6-113, southwest of Gridley. (788)
{SUPERVISOR VERCRUSE PRESENT)
MOTION: MOTION OF INTENT TO UPHOLD THE APPEAL WITH STAFF TO
PREPARE APPROPRIATE FINDINGS.
S M
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y {Unanimously Carried}
(DIRECTION TO STAFF TO EXPLORE THE POSSIBILITY OF A CHANGE IN
THE PARCEL MAP LAW , AND A REPORT TO THE BOARD ON HOW OTHER
COUNTIES HANDLE GIFT DEEDS AND IF THEY HAVE ADDRESSED THE NEED
TO GET THEM INTO THE PARCEL MAP PROCESS.)
89--170 Public hearing - William Hauselt - appeal of the Planning
Commission's requirement for an environmental impact report
on a rezone from A-10 {agricultural, ten acre parcels} to SR-
1(suburban residential, one acre parcels), property located
on the east side of Highway 99, identified as AP 47-43-03,
north of Chico. (1425} (CONTINUED AS AN OPEN HEARING TO
MAY 16, 1989}
(SUPERVISOR DOLAN ABSENT)
(SUPERVISOR DOLAN PRESENT}
(CHAIRMAN FULTON ABSENT)
{CHAIRMAN FULTON PRESENT)
Page 109
April 18, 1989
At~ril 18 , 1989
REGULAR AGENDA
(SUSAN ROFF, COUNTY COUNSEL, PRESENT)
89-171 Discussion o€ 1989/90 application far Community Development
Block Grant €unds - action requested - POLICY DIRECTION ON
ACTIVITIES TO BE INCLUDED IN THE APPLICATION AND SET PUBLIC
HEARING DATE FOR MAY 2, 1989 AT 11:00 A,M. TO APPROVE THE
APPLICATION. 12010) {***00)
MOTION: DIRECT STAFF TO PREPARE AN APPLICATION FOR THE VILLA
VERONA PROJECT IN THE AMOUNT OF $500,000, AND SET
THE PUBLIC HEARING DATE FOR MAY 2, 1989 AT
11:04 A»M.
M S
VOTE: 1 Y 2 Y 3 Y ~ Y 5 Y {Unanimously Carried)
89-172 Request €or interpretation i€ agricultural buildings are
allowed in zones that do not specify agriculture as an allowed
use - action requested - FIND THAT AGRICULTURAL BUILDINGS ARE
NOT AN ALLOWED USE IN THE C-1, C-2, C-C, C-F, H-C, L-T, M-1,
M-2, MHP, R-1 A& C, R-2, R-3, R-4, R-MH, R-N, RT-1/2, RT-].,
and RT-1A zones. {180) (REFERRED TO PLANNING COMMISSION FOR
A RECOMMENDATION)
89-273 Public Comment. (PRESENTATIONS WILL BE LIMITED TO FIVE
MINUTES. THE BOARD OF SUPERVISORS IS PROHIBITED BY STATE LAW
FROM TARING ACTION ON ANY ITEM PRESENTED IF IT TS NOT LISTED
ON THE AGENDA.) {420)
a, Annette Edwards. Chairman, Butte County Library
Support Group - library €unding.
Page 120
April 18, 1989
Atiril 18. 1989
89-174 CLOSED SESSION: The Board recessed to closed session at
12:58 p.m. for the purpose o€ a personnel
matter and actual litigation pursuant to
Government Code Section 54956.9(a) as
follows: Communication Workers of America
vs. Butte County, No. 100821; Communication
Workers of America vs. Butte County, No.
100985; Friends of the Foothills vs. Butte
County, No. 8005Q; Daniel F. Hays, et al.
vs. Martin J. Nichols. No. 93610; Daniel F.
Hays , et al . vs . County o€ Butte , No . 96206 ;
County of Butte vs. Earl H. Garner, et al.,
No. 100021; Scotts Valley Band o€ Poma
Indians of the Sugar Bowi Rancheria, et al.
vs. United States of America, et al., No.
C-86-3660 WWS; Floyd E. Jones, et al. vs.
Hal Brooks, et al. No. 84429; and Maxim Bach
vs. Steven R. McNelis, Roger Gilbert, et
al., No. 3 CIVIL C000659.
RECONVENE: The Board reconvened at 1:21 p.m. following a
closed session on personnel and actual
litigation. (NO ANNOUNCEMENTS)
89-175 Communications
Communications received and referred. (COPIES OF ALL
COMMUNICATIONS ARE AVAILABLE IN THE CLERK OF THE BOARD
OFFICE.)
a. TINK - writes expressing their concern relating to the
Durham-Dayton-Nelson planning area. {REFER TO PLANNING
DEPARTMENT)
b. Butte County Special Districts Association - writes
requesting an opportunity to discuss their proposal of
November 28, 1988 as a means of distributing special
district augmentation funds. (REFER TO CHIEF
ADMINISTRATIVE OFFICER AND AUDITOR)
c. Pacific $e11 - writes submitting a protective claim
concerning property taxes paid an the 1984/85 fiscal year
assessment. {REFER TO COUNTY COUNSEL AND ASSESSOR)
Page 111
April 18, 1989
April 18, 19.89
ADJOURNMENT: There being nothing further before the Board
at this time, the meeting was adjourned at
1.:22 p.m. to reconvene an Tuesday, April 25,
1989 at 9:00 a.m.
C ~
Chairman, Boa d of Supervisors
ATTEST:
WILLIAM H. RANDO H, Chief Administrative
Office and Cle of the Board
By:
Page 1.12
April 18, 19$9