HomeMy WebLinkAboutM061891
June 18, 1991
Call to order - Board of Supervisors room, County
Administration Building, 25 County Center Drive,
Oroville. Supervisors Fulton, McInturf, McLaughlin and
Chair Dolan present. William H. Randolph, 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.
91-246 Items removed from the Consent Agenda for Board
consideration and action.
1. Nash and Company, Inc. - the proposed amendment to
the contract provides for a written explanation of
the decision of the consultant and a final appeal
to a panel to comply with the memoranda of
understanding implementing the Classification and
Compensation Study. The cost of the proposed work
is $12,000, and funding is available within the
departmental budget - action requested - APPROVE
CONTRACT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN
SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE
AUDITOR-CONTROLLER.
91-247 Consent A enda
1. Approval of minutes -- action requested - APPROVE
MINUTES OF MAY 21, 1991.
2. Budget transfers - action requested - APPROVE BUDGET
TRANSFERS B-217 (PROBATION/ANTI-DRUG), B-228
(SUPERIOR COURT), B-229 (ASSESSOR}, B-230
(PLANNING/LAFCO}, B-231 (COUNTY CLERK), B-232 (CSA
104/BLACK OAK SUBDIVISION, CSA 109/WALNUT GROVE
SUBDIVISION), B-233 (BOARD OF CONTROL GRANT), B-234
(DTSTRTCT ATTORNEY), AND B-235 (MENTAL HEALTH}.
Page 177
June 18, 1991
91-2~7 June 18, 1991
3. Renaming a private road in the Chico area from
Willadsen Way (Garden Road to end} to Garden Creek
Road - action requested - ADOPT RESOLUTION 91--67
SETTING A PUBLIC HEARING FOR JULY 16, 1991 AT 10:30
A.M.
4. County library donation - in accordance with
Government Code Section 25355, an anonymous donation
of $230 has been received far the Butte County trust
fund far the purchase of books - action requested -
ACCEPT DONATION.
5. Butte County Long Term Care Council - action
requested - APPOINT DOROTHY BENSON (OVER 55 YEARS
OF AGE CATEGORY) TO SERVE AN UNSPECIFIED TERM.
6. Final map - Alamo East Vesting Subdivision, Unit No.
2 -the developer has provided an Irrevocable Letter
of Credit to guarantee maintenance of facilities for
a period of one year starting June 7, 1991, nine
lots, AP 42-45-47, property located on the Northeast
corner of Alamo Avenue and East Avenue, Chico area -
action requested - APPROVE FINAL MAP; ACCEPT
EASEMENTS AS GRANTED IN ITEM C OF THE OWNER'S
STATEMENT ON BEHALF OF THE PUBLIC; ACCEPT GRANT IN
FEE SIMPLE ONE FOOT NO ACCESS STRIP ON SAN ANTONIO
DRIVE AS OFFERED IN ITEMS A AND B OF THE OWNER' S
STATEMENT; AND AUTHORT2E THE CHAIR TO SIGN
SUBDIVISION AGREEMENT.
7. Byron Cottrell, Oroville - files a claim in the
amount of $500,000 for alleged injuries and damages
sustained on or about February 13, 1991 in an
incident involving the Butte County Social Welfare
Department - action requested - REJECT CLAIM AND
REFER TO COUNTY COUNSEL AND RISK MANAGEMENT.
8. Colette Marie Proveaux, New Jersey - files a claim
in an unspecified amount for alleged injuries and
damages sustained as a result of claimant's arrest
on or about October 17, 1990 in New Jersey on a
warrant issued by a Butte County Judge through her
release on January 4, 1991 - action requested -
REJECT CLAIM AND REFER TO COUNTY COUNSEL AND RISK
MANAGEMENT .
Page 178
June 18, 1991
91-247 June 18, 1997
9. Administrative Office/Courts - Board
authorization is requested for the purchase of nine
(9 ) FAX machines at $600 each for each judge and the
Jail from funds within existing budgets making each
judge available to promptly resolve "probable cause"
questions. Recent U.S. Supreme Court action
requires prompt "probable cause" determinations on
warrantless arrests - action requested - APPROVE
PURCHASE OF FIXED ASSET ITEMS AND APPROVE BUDGET
TRANSFERS AS APPROPRIATE.
10. County Clerk-Recorder - Board authorization is
requested to purchase a personal computer with
accessories ($3,500 estimate), Data Guard software.
($2,173 maximum), Walkabout laptop computer with
accessories ($3,657 estimate), related software
($1,790 estimate), 4-port multiplexor with modem
{$2,040 estimate), printer ($399 estimate), and the
AGS 520 and 525 statistical reports ($2,120 maximum)
as an enhancement to the Automated Government
Systems Case Management System, and a Martin Yale
electric letter opener with tray (model
MY2001/MY2002) at an estimated cost of $940
including tax and shipping from funds existing
within the departmental budget. Budget transfer B-
231 has been prepared for the necessary
appropriation - action requested - APPROVE PURCHASE
OF FIXED ASSET ITEMS.
11. Conveyance of County property - Board authorization
is requested far the donation of a 1960 IH-Van Pelt
fire engine (County No. 959), license no. E115505,
to the State of California, Office of Emergency
Services for refurbishment under the State
Assistance for Fire Equipment Act (SAFE) - action
requested - AUTHORIZE TRANSFER OF FIXED ASSET ITEM.
12. Mental Health Department/Alcohol and Drug Division -
Board authorization is requested for the purchase
of an IBM PS/2 Model 55 SX computer, a VGA color
monitor, Panasonic KK 1624 printer and peripheral
equipment and software in the maximum amount of
$3,625 for the H.E.R.E,/Youth Services Unit to
eliminate manual tallying as well as to enable
electronic submission to the Federal Management
Information System. Funding is available from
within the departmental budget, which is 100 percent
Federal grant funded - action requested - APPROVE
PURCHASE OF FIXED ASSET ITEMS.
Page 179
June 18, 1991
91-247 June 18, 1991
13. Planning Department - Board authorization is
requested for the purchase of a cabinet to hold the
department's microfiche in the maximum amount of
$~., 200. Budget transfer B-230 has been prepared for
the necessary appropriation - action requested -
APPROVE PURCHASE OF FIXED ASSET ITEM.
14. Public Health Department - Board authorization is
requested for the purchase of dictating equipment
in the maximum amount of $1,750 to replace equipment
that is no longer operable or repairable from
existing fixed asset funds - action requested -
APPROVE PURCHASE OF FIXED ASSET ITEMS.
15. Award of bid 79-91 - the Purchasing Department
received and opened bids for the removal of an
abandoned piping system and potentially asbestos
containing soil from the Probation Building. The
bids have been evaluated and the lowest bid meeting
specifications is APC Contractors, Inc. of Fresno
in the amount of $37,137 - action requested - AWARD
BID.
16. ward of bid 80-91 - the Purchasing Department
received and opened bids for a mid-size sedan for
the District Attorney's Office. The bads have been
evaluated and the lowest bid meeting specifications
is Gridley Country Ford for a 1990 Ford Taurus in
the amount of $10,175 plus tax - action requested -
AWARD BID.
17. South Butte County Municipal Court - Board
authorization is requested to purchase two
Walkabout/SX laptop computers at $3,657 each and a
disc converter at $300 from existing fixed asset
funds - action requested - APPROVE PURCHASE OF FIXED
ASSET ITEMS.
18. Statement of investment policy for the Butte County
Treasury and investment information report - the
Treasurer/Tax Collector submits the statement of
investment policy and the investment information
report as of May 31, 1991 in accordance with AB 1073
and the County's investment policy - action
requested - ACCEPT FOR INFORMATION.
19. Adoption of an ordinance amending Section 2-29 and
repealing Sections 2-35, 2-36 and 2-37 of the Butte
County Cade - the proposed ordinance amends and
repeals sections of the Butte County Code relating
to the Personnel Appeals Commission - action
requested - ADOPT ORDINANCE 2929 AND AUTHORIZE THE
CHAIR TO SIGN.
Page 180
June 18, 1991
91--247
June 18, 1991
20. Introduction of a salary ordinance amendment - the
proposed amendment brings to the minimum wage
requirement of $4.25 per hour, pursuant to Federal
Wage and Hours Regulations and effective April 1,
1991, all positions currently paid below the minimum
wage requirement - action requested -- WAIVE READING
OF THE ORDINANCE.
21. Introduction of a salary ordinance amendment - the
proposed amendment changes the position control
allocation for specific classes in the Assessor's
Office and Distract Attorney's Office due to
technical errors - action requested - WAIVE READING
OF THE ORDINANCE.
22. Introduction of a salary ordinance amendment - the
proposed amendment changes the position control
allocation for specific classes in the Mental Health
(H.E.R.E.} Department due to technical errors -
actaon requested - WAIVE READING OF THE ORDINANCE.
23. Introduction of a salary ordinance amendment - the
proposed amendment flexibly staffs the
classification of Manager-Public Guardian/Public
Administrator .to include the classification of
Specialist-Public Guardian/Public Administrator at
salary range 138. Due to a technical error, this
position was inadvertently not included in the meet
and confer process of the Classification and
Compensation Study - action requested - WAIVE
READING OF THE ORDINANCE.
24. Introduction of a salary ordinance amendment - the
proposed amendment adds a position of heavy
equipment mechanic to the Public Works Department
due to the recently mandated "BAR 90" smog check
program by the State and the California Highway
Patrol BIT Program (Biennial Inspection Terminal)
with funding from restricted gas tax funds -- action
requested - WAIVE READING OF THE ORDINANCE.
25. Introduction of a salary ordinance amendment - the
proposed salary ordinance amendment reorganizes for
budgetary and position control. purposes positions
within the Sheriff's Office. No additional
allocation of positions is authorized - action
requested - WAIVE READING OF THE ORDINANCE.
Page 181
June 18, 1991
91-247
June 18, 1991
26. Resolution establishing a smoking policy for County
facilities - the proposed resolution, drafted in
conjunction with the Health Department, prohibits
smoking in County facilities that have common
heating and air conditioning systems which circulate
second hand smoke to non-smokers. Agreement has
been reached with employee organizations for all
facilities except the Jail, and it is proposed that
the jail policy be provided through an amended
labor agreement - action requested - ADOPT
RESOLUTION 91-68 AND AUTHORIZE THE CHAIR TO SIGN.
27. Resolution prescribing the numbers, classification
and compensation of municipal court personnel
pursuant to Government Code Section 74937. The
proposed resolution corrects and rescinds resolution
no. 91-64 adopted by the Board on June 4, 1991 -
action requested - ADOPT RESOLUTION 91-69 AND
AUTHORIZE THE CHAIR TO SIGN.
28. Resolution repealing provisions of the Merit System
and Personnel Rules relating to the Personnel
Appeals Commission - action requested - ADOPT
RESOLUTION 91-70 AND AUTHORIZE THE CHAIR TO SIGN.
29. Approval of plans and specifications for
reconstruction of various County roads -Farris Road
(2 .0 MI) , Anita Road (1.2 MI) , Meridian Road (1.5
MI), House Avenue (0.6 MI), Pratt Avenue (1.0 MI),
Taylor Avenue (1.1 MI), and Sullivan Way (0,8 MI),
project no. LT-91-1 - plans and specifications have
been completed for the project - action requested -
APPROVE PLANS AND SPECIFICATIONS; ADOPT WAGE SCALE;
AND SET BID OPENING AT THE PUBLIC WORKS OFFICE ON
JULY 11, 1991 AT 11:00 A.M.
30. Approval of plans and specifications for
construction of pavement overlays of various County
roads, FAS project no. RS-5912(001) CRP-L089(824) -
plans and specifications have been completed for
the project - action requested - APPROVE PLANS AND
SPECIFICATIONS; ADOPT WAGE SCALE; AND SET BID
OPENING AT THE PUBLIC WORKS OFFICE ON JULY 11, 1991
AT 11:00 A.M. SUBJECT TO CALTRANS AND FHWA APPROVAL.
31. 1991/92 egg quality control agreement no, 91-
0219 - proposed is an agreement with the Department
of Food and Agriculture in the maximum amount of
$1,039 commencing July 1, 1991 through June 30,
1992 - action requested - APPROVE AGREEMENT AND THE
DRUG-FREE WORKPLACE CERTIFICATION AND AUTHORIZE THE
CHAIR TO SIGN.
Page 182
June 18, 1991
91-247
June 18, 1991
32. 1993./92 pesticide regulatory enforcement agreement
91-0128 - proposed is an agreement with the
Department of Food and Agriculture in the maximum
amount of $41,925 commencing July 1, 1993. through
June 30, 1992. The agreement includes one-time
funds in the amount of $9,350 to upgrade the
department's computer system to provide additional
support for the statewide county permit system -
action requested - APPROVE AGREEMENT AND AUTHORIZE
THE CHAIR TO SIGN.
33. 1991/92 nursery services agreement no. 91-0005 -
proposed is an agreement with the Department of Food
and Agriculture in the maximum amount of $10,722
commencing July 1, 1991 through June 30, 1992 -
action requested - APPROVE AGREEMENT AND AUTHORIZE
THE CHAIR TO SIGN.
34. Administrative Office - proposed by a subcommittee
of Chair Dolan and Supervisor Fulton is an amendment
extending the current agreement for chief
administrative officer for one year - action
requested -APPROVE AGREEMENT AMENDMENT AND AUTHORIZE
THE CHAIR TO SIGN.
35. County counsel - proposed by a subcommittee of
Supervisors McInturf and McLaughlin is an agreement
reappointing county counsel to a four year term
commencing June 18, 1991 - action requested -
APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN.
36. Assignment of counsel - County Counsel proposes
assigning City of Chico v. Church of Jesus Christ
of Latter Day Saints to the law firm of Marsh,
Marsh, Volpe and Molin - action requested - APPROVE
ASSIGNMENT OF COUNSEL.
37. Assignment of counsel - County Counsel proposes
assigning Nelville v. Leroy Wood, County of Butte,
et. al. to the law firm of Marsh, Marsh, Volpe and
Molin - action requested - APPROVE ASSIGNMENT OF
COUNSEL.
38. Downey, Brand, Seymour and Rohwer - proposed is an
agreement to retain attorney services for actual
legal services performed far a term of one year ..
action requested - APPROVE AGREEMENT AND AUTHORIZE
THE CHAIR TO SIGN.
Page 183
June 18, 1991
91-247
June 18, 1991
39. Robert A. Glusman, attorney at law - proposed is the
renewal of an agreement to retain attorney services
at the rate of $85 per hour except that he will
receive $100 per hour for all work on the state
mandates case presently known as Butte County v.
McMahon, or any new state mandates litigation that
may be filed for a term of one year - action
requested - APPROVE AGREEMENT AND AUTHORIZE THE
CHAIR TO SIGN.
40. Assignment of commercial lease - it has been
requested that the lessee on the commercial lease
with Garey B. Weibel, dba Creetwood Plaza be changed
to read "Garey B. Weibel" as lessee. No other
changes are proposed - action requested - APPROVE
ASSIGNMENT OF LEASE. (FROM 5/21/91)
41. 1990/91 Crestwood Manor, Modesto (from $29,200 to
$33,800), S. A. Cheeseman, M.D. ($10,560 to
$11,880), J. Joiner, MFCC ($8,774 to $11,216),
Pineridge Care Home ($5,624 to $7,702), and Work
Training Center, Socialization ($114,076 to
$119,876) .. proposed are amendments to agreements
with five individual contractors which exceed the
original contractual maximum due to increased client
services and increased client case loads. Funds
exist within the departmental budget line item to
cover the increases - action requested - APPROVE
AGREEMENT AMENDMENTS AND AUTHORIZE THE CHAIR TO
SIGN.
42. 1990/91 Kate McCracken - the proposed amendment
increases the agreement by $1,600 to cover
unanticipated workload requirements during the month
of June. Funds exist within the departmental budget
line item to cover the increase - action requested -
APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR
TO SIGN.
43. Mental Health Department/Butte County Superintendent
of Schools - the proposed agreement implements a
planning process to determine the local priorities
to expand children's services (SB 997) by providing
counseling and administrative support services to
the Interagency Children's Services Coordinating
Council. The term of the agreement is June 18, 1991
through June 30, 1992 in the maximum amount of
$7.5,000 - action requested - APPROVE AGREEMENT AND
AUTHORIZE THE CHAIR TO SIGN.
Page 7.84
June 18, 1991
91-247 June, 18, 1991
44. California State University, Chico - the proposed
agreement permits nursing students designated by the
University to receive clinical nursing experience
at the Mental Health Department's inpatient unit
under the supervision of the University's Director
of the School of Nursing effective July 1, 1991
through June 30, 1994 without County compensation -
actian requested - APPROVE AGREEMENT AND AUTHORIZE
THE CHAIR TO SIGN.
45. Occupational Psychological Services (OPS), a
division of Occupational Health Services - the
agreement to provide law enforcement pre-employment
psychological examinations commenced November, 1985
and was renewed on June 7, 1988 to expire on
June 30, 1991. The fee currently charged is $135
for each evaluation, and OPS is proposing a three
year renewal with a guaranteed rate of $160 per
evaluation - action requested - APPROVE AGREEMENT
AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT
TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-
CONTROLLER.
46. Butte County hospitals' contracts - the Tobacco Tax
Initiative Program, Proposition 99, includes
separate allocations for hospital formula, hospital
discretionary, physician, and other funds. A
portion of the other funds in the amount of $37,546
is available for distribution to the hospitals to
offset the cost of providing medical charity care -
action requested - APPROVE CONTRACTS AND AUTHORIZE
THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY
COUNSEL AND THE AUDITOR-CONTROLLER.
47. 1990/91 State Maternal, Child and Adolescent Health
agreement - the proposed amendment increases from
$30,300 to $32,829 the 100 percent State funds
available to cover the cost of selected services
directed toward low-income mothers and children -
action requested - APPROVE AGREEMENT AMENDMENT AND
AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF
COUNTY COUNSEL AND THE AUDITOR-CONTROLLER.
48. County Service Area 34 (Gridley Swimming Pooly -the
proposed agreement with Butte County Fair
Association extends the cooperative agreement for
the operation, maintenance, repair and upkeep of the
Gridley Pool to June 30, 1992 - action requested -
APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN.
Page 185
June 18, 1991
91-247
June 18, 1991
49. F/Y 1931/92 library staffing - Personnel Rules
require two weeks notice to employees being laid off
due to various reasons, including lack of funding.
The technical requirement to effect layoffs on or
before July 1, 1991 wi11 be delayed until the
Board's budget meeting of June 25, 1991 which
commits the County to salaries for Library employees
through July 10, 1991 - action requested -
INFORMATION ONLY.
MOTION: MOVE TO APPROVE THE CONSENT AGENDA WITH THE
REMOVAL OF ITEM 3.45.
M S
VOTE: 1 Y 2 Y 3 4 Y 5 Y (Unanimously Carried}
Re ular A ends
31-248
91-249
91-250
Items removed from the Consent Agenda for Board
consideration and action,
1. Nash and Company, Tnc. - the proposed amendment to
the contract provides for a written explanation of
the decision of the consultant and a final appeal
to a panel to comply with the memoranda of
understanding implementing the Classification and
Compensation Study. The cost of the proposed work
is $12,000, and funding is available within the
departmental budget - action requested - APPROVE
CONTRACT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN
SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE
AUDITOR-CONTROLLER.
MOTION: MOVE TO APPROVE CONTRACT AMENDMENT AND
AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL
OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER.
M S
VOTE: 1 Y 2 Y 3 4 N 5 Y (Motion Carried)
Appointments - commissions and committees.
a. Appointments to committee vacancies. (NONE)
Introduction of an ordinance implementing an utility user
tax - action requested - WAIVE READING OF THE ORDINANCE.
(250}
MOTION: MOVE TO WAIVE READING OF AN ORDINANCE
IMPLEMENTING A FIVE PERCENT UTILITY USER TAX.
M S
VOTE: 1 Y 2 Y 3 4 Y 5 Y (Unanimously Carried)
Page 186
June 1$, 1991
June 18, 1991
91-251 Consideration of a request for Board support of County
participation in the Norcal Agricultural Chemical
Collection Program - action requested - SUPPORT PROGRAM
CONCEPT. (1560)
(SUPERVISOR FULTON NOT PRESENT)
MOTION: MOVE TO SUPPORT THE PROGRAM CONCEPT.
S M
VOTE: 1 Y 2 Y 3 4 Y 5 NP (Unanimously Carried)
91-252 Formation of a local "Child Care and Development Planning
Council" for the purpose of establishing service
priorities - action requested - BOARD SUPPORT FOR THE
DEVELOPMENT OF THE COUNCIL. (1684)
(SUPERVISOR FULTON PRESENT)
MOTION: MOVE FOR BOARD SUPPORT FOR THE DEVELOPMENT OF
THE COUNCIL, AND DESIGNATION OF THE INTERAGENCY
CHILDREN'S COORDINATING COUNCIL AS THE CHILD
CARE PLANNING COUNCIL.
M S
VOTE: 1 Y 2 Y 3 4 Y 5 Y (Unanimously Carried)
91-253 Consideration of a contract with Northern California
Youth and Family Programs to provide mental health and
social services in accordance with the requirements of
Title 9, California Administrative Code - action
requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO
SIGN. (2282) (NO ACTION TAKEN)
91-254 Presentation of the Butte County Master Plan to reduce
alcohol and drug abuse - action requested - APPROVE
MASTER PLAN AND AUTHORIZE STAFF TO FORWARD TO THE STATE.
(2290)
MOTION: MOVE TO APPROVE THE MASTER PLAN AND AUTHORIZE
STAFF TO FORWARD TO STATE.
S M
VOTE: 1 Y 2 Y 3 4 Y 5 Y (Unanimously Carried}
91-255 South County Municipal Court - report from the Board of
Supervisors' Courthouse Construction Committee on a
proposal from the City of Oroville to locate the new
court at downtown Oroville site - action requested -
POLICY DIRECTION ON COURT LOCATION SITE. (2601} {NO
ACTION TAKEN)
Page 187
June 18, 1991
June 1$, 1991
Public Hearings and Timed Items
91-256 Public hearing - Butte County Board of Supervisors -
consideration of General Plan Amendment, revision and
update of the Housing Element of the Butte County General
Plan (proposed negative declaration regarding
environmental impact), containing the following: an
inventory of vacant land suitable for residential
development with appropriate zoning and public
facilities; evaluation of constraints to the development
of housing in the County; extension of the time frames
of the County's housing programs included in the Housing
Element; evaluation of the use of various state and
federal programs to accomplish County housing policy;
evaluation of the County's progress in meeting the
objectives stated in the Housing Element; adoption of a
policy relating to equal housing opportunities; and
miscellaneous revisions to the analysis of the 1950
Census data. (2854) (PUBLIC HEARING OPENED; CONTINUED
TO LATER IN MEETING. REFER TO MINUTE ORDER NO. 91-260)
91-257 Public hearing - Butte County Board of Supervisors -
consideration of General Plan Amendment from public to
orchard and field crops and rezone (proposed negative
declaration regarding environmental impact) from P-Q
(public, quasi-public) to A-40 (agricultural - 40 acre
parcels), property located on the north side of Vance
Avenue, approximately 0.6 miles east of Larkin Road,
identified as AP 025-280-019 and 020, Gridley. (PUBLIC
HEARING OPENED; CONTINUED TO LATER IN MEETING. REFER TO
MINUTE ORDER NO. 91-261)
RECESS: 10:33 A.M.
RECONVENE: 10:45 A.M. (NEIL McCABE, ASSISTANT COUNTY
COUNSEL PRESENT}
91-258 Continued hearing - Robert Persons, et al. -
consideration of an appeal of Butte County Planning
Commission's approval of Toni Hothan use permit (proposed
negative declaration with mitigation measures regarding
environmental impact) to allow a boarding kennel on
property zoned FR-5 (foothill recreation - five acre
parcels}, property located in South Paradise Urban
Reserve on the north side of Indian Springs Road
approximately 1/2 mile west of Neal Road, identified as
AP 055-450-002, Paradise area. (2909) (**00)
(SUPERVISOR MCLAUGHLIN NOT PRESENT)
Page 188
June 18, 1991
Jung ~ 1991
91-258 MOTION: MOVE TO UPHOLD THE APPEAL AND DENY THE USE
PERMIT.
S M
VOTE: 1 Y 2 Y 3 4 NP 5 Y {Unanimously Carried)
91-259 Public hearing - Rory Courtain - consideration of a
rezone (proposed negative declaration with mitigation
measures regarding environmental impacts) from "U"
(unclassified) to FR-5 (foothill recreation - five acre
parcels), property located on the west side of Royal
Mountain Road approximately 1,500 feet south of Circle
J Road, West of Clark, identified as AP 041-080-127,
north of Butte College. (2877)
MOTION: MOVE TO ACCEPT THE RECOMMENDATIONS IN STAFF
MEMORANDUM DATED MARCH 18 , 19 91, AND FIND THAT
{1) AN INITIAL STUDY WAS COMPLETED IN
COMPLIANCE WITH THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT.; (2) THE REQUIREMENTS OF THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT HAVE BEEN
COMPLETED AND CONSIDERED IN MAKING THIS
DECISION AND ADOPT A NEGATIVE DECLARATION WITH
MITIGATION MEASURES.; (3) THE PROJECT COULD
HAVE A SIGNIFICANT EFFECT ON THE ENVIRONMENT,
BUT WILL NOT TN THIS CASE BECAUSE OF THE
ADOPTED MITIGATION MEASURES ATTACHED AND
INCORPORATED IN THE INITIAL STUDY . ; AND { 4 ) THE
PROPOSED REZONE CONFORMS TO THE POLICIES,
INCLUDING THE TEXT AND MAP, OF THE BUTTE COUNTY
GENERAL PLAN. ADOPT ORDINANCE NO. 2930
REZONING TO FR-5 THAT PROPERTY IDENTIFIED AS
AP 041-080-127 (RORY COURTAIN); ADOPT
RESOLUTION N0. 91--71 ENTERING INTO A
CONDITIONAL ZONING AGREEMENT SUBJECT TO THE
FOLLOWING CONDITIONS: (1) CONTACT THE
DEPARTMENT OF ANTHROPOLOGY, CALIFORNIA STATE
UNIVERSITY, CHICO, TO REQUEST A RECORDS CHECK
TO DETERMINE THE ARCHAEOLOGICAL SIGNIFICANCE
OF THE SITE AND WHETHER ANY ADDITIONAL
MITIGATION MEASURES ARE NECESSARY.; (2)
REQUIRE AUTOMATIC FIRE SUPPRESSION SPRINKLER
SYSTEMS BE INSTALLED IN ALL 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). THE PURPOSE OF THE
INSTALLATION OF SPRINKLER SYSTEMS IS FOR
ADDITIONAL SAFETY AND PROPERTY PROTECTION TN
THE EVENT OF RESIDENTIAL FIRES. THIS
INSTALLATION WILL REDUCE THE DEMAND FOR
STRUCTURAL FIRE PROTECTION SERVICES IN
THOSE INSTANCES WHERE THEY ARE INSTALLED;
Page 189
June 18, 1991
June ~8. 1991
91-259 (3) REQUIRE ALL HOMESITES, ROADWAYS, AND
GRADING IN THE ZONE SHALL BE LOCATED BELOW THE
720 FOOT ELEVATION LEVEL; (4) PROVIDE AN
ASPHALT PUBLIC ROADWAY AT CIRCLE J ROAD AND
STATE ROUTE 191 (CLARK ROAD) TO MITIGATE
TRAFFIC HAZARDS CAUSED BY AN INCREASE IN
CONFLICTING TURNING MOVEMENTS; AND (5) PLACE
A DUST BINDER ON CIRCLE J AND ROYAL MOUNTAIN
ROADS TO REDUCE DUST AND TRAFFIC IMPACTS CAUSED
BY INCREASED TRAFFIC GENERATION.
S M
VOTE: l Y 2 Y 3 4 NP 5 Y (Unanimously Carried)
91-260 Public hearing - Butte County Board of Supervisors -
consideration of General Plan Amendment, revision and
update of the Housing Element of the Butte County General
Pion (proposed negative declaration regarding
environmental impact), containing the following: an
inventory of vacant land suitable for residential
development with appropriate zoning and public
facilities; evaluation of constraints to the development
of housing in the County; extension of the tame frames
of the County's housing programs included in the Housing
Element; evaluation of the use of various state and
federal programs to accomplish County housing policy;
evaluation of the County's progress in meeting the
objectives stated in the Housing Element; adoption of a
policy relating to equal housing opportunities; and
miscellaneous revisions to the analysis of the 1980
Census data. (3024) (***00)
MOTION: MOVE TO ADOPT A MOTION TO INTENT TO ADOPT A
RESOLUTION APPROVING THE HOUSING ELEMENT UPDATE
AND CONTINUE THIS HEARING CLOSED TO JULY 2,
1991 FOR FINAL ACTION.
S M
VOTE: l Y 2 Y 3 4 NP 5 Y (Unanimously Carried}
91-261 Public hearing _ Butte County Board of Supervisors -
consideration of General Plan Amendment from public to
orchard and field crops and rezone {proposed negative
declaration regarding environmental impact) from P-Q
(public, quasi-public) to A-40 (agricultural - 40 acre
parcels), property located on the north side of Vance
Avenue, approximately 0.6 miles east of Larkin Road,
identified as AP 025-280-019 and D20, Gridley. (106)
MOTION: MOVE TO (A) FIND THAT THE REQUIREMENTS OF CEQA
HAVE BEEN COMPLETED AND CONSIDERED IN MAKING
THIS DECISION AND ADOPT A NEGATIVE DECLARATION;
Page 190
June 18, 1991
Jun. 1991
91-261 {B) FIND THAT THE PROPOSED ZONING 25 CONSISTENT
WITH THE PROPOSED BUTTE COUNTY GENERAL PLAN
AMENDMENT, INCLUDING THE MAP AND TEXT, BECAUSE
THE SURROUNDING PROPERTY IS ZONED A-40; (C)
ADOPT RESOLUTION NO. 91-72 AMENDING THE GENERAL
PLAN TO ORCHARD AND FIELD CROPS ON PROPERTY
IDENTIFIED AS AP 025-280-019 AND 020 (BUTTE
COUNTY BOARD OF SUPERVISORS); AND {D) ADOPT
ORDINANCE NO. 2931 REZONING TO A-40 THAT
PROPERTY IDENTIFIED AS AP 025-2$0-019 AND 020
(BUTTE COUNTY BOARD OF SUPERVISORS).
S M
VOTE: 1 Y 2 Y 3 4 NP 5 Y {Unanimously Carried)
Regular Agenda
91-262 Closed hearing - development of old subdivision lots and
other existing parcels as follows:
A. Adoption of an ordinance amending Chapters 19
(sewage disposal) and 25 (buildings) of the Butte
County Code to provide enhanced standards far the
protection of the public health, safety and welfare;
B. Adoption of an ordinance providing for the voluntary
merger of contiguous parcels under common ownership;
and
C. Adoption of a resolution establishing and modifying
well constructions and destruction standards, (152)
MOTION: MOVE TO WAIVE THE READING OF THE ORDINANCE
AMENDING CHAPTERS 19 (SEWAGE DISPOSAL) AND 26
(BUILDINGS} OF THE BUTTE COUNTY CODE TO PROVIDE
ENHANCED STANDARDS FOR THE PROTECTION OF THE
PUBLIC HEALTH, SAFETY AND WELFARE; AND WAIVE
THE READING OF THE ORDINANCE PROVIDING FOR THE
VOLUNTARY MERGER OF CONTIGUOUS PARCELS UNDER
COMMON OWNERSHIP.
S M
VOTE: 1 Y 2 Y 3 4 NP 5 Y (Unanimously Carried)
(BOARD DIRECTION TO STAFF TO INITIATE PROCEEDINGS TO
AMEND OR REPEAL BUTTE COUNTY CODE SECTION 24-37.10 [NON-
CONFORMING PARCELS OF RECORD])
91-2&3 Report to the Board on bid opening for reconstruction of
Nelson Road, from Aguas Frias Road to Durnel Drive,
County contract no. 31152-90-1 - action requested -
AWARD CONTRACT TO LOW BIDDER. {2$b)
MOTION: MOVE TO AWARD CONSTRUCTION CONTRACT TO FRANKLIN
CONSTRUCTION, INC., PARADISE IN THE AMOUNT OF
$151,939.30.
S M
VOTE: 1 Y 2 Y 3 4 NP 5 Y (Unanimously Carried)
Page 191 June 18, 1991
Jun. 1991
91-264 Report to Board on bid opening for traffic signal
installation at the intersections of East Avenue at
Cusick Avenue, East Avenue at Ceres Avenue and Esplanade
at Eaton Road, County contract no. TR-SIG-91-1 - action
requested - AWARD CONTRACT TO LOW BIDDER. (30S)
MOTION: MOVE TO AWARD CONSTRUCTION CONTRACT TO STEINY
AND COMPANY, INC,, VALLEJO IN THE AMOUNT OF
$369,900.
M S
VOTE: l Y 2 Y 3 4 NP 5 Y (Unanimously Carried}
91-265 Update by 'the Chief Administrative Officer on
Sacramento/legislative activities. (355) (NO ACTION
TAKEN)
91-266 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.) (364)
1. Susan sears, Mayor, City of Oroville -- announces the
awarding of an Enterprise Zane designation to the
City of Oroville.
91-267 Communications
Communications received and referred. (COPIES OF ALL
COMMUNICATIONS ARE AVAILABLE IN THE CLERK OF THE BOARD
OFFICE.)
a. State Office of Historic Preservation - notifies the
Board of a hearing of the state Historical Resources
Commission on August 2, 1991 at 9:00 a.m. for
consideration of the nomination of the Municipal
Building, Chico to the National Register of Historic
Places - action requested - INFORMATION ONLY.
b. W. John Schmidt, Executive Director, State Wildlife
Conservation Board - notifies the Board of the
Department of Fish and Game's request for the
acquisition by the Wildlife Conservation Board of
a ten acre parcel near the Bidwell Sacramento River
State Park {AP 42-26-07), and a 109 acre parcel
located about eight miles north of Hamilton City (AP
47-02-07) - action requested -- REFER TO CHIEF
ADMINISTRATIVE OFFICER.
Page 192
June 18, 1991
J., _._. _.. ~,.a~. .
June 18, 1991
91-267 c. Saddle Nishitani, Superintendent, Golden Feather
Union School Distract - forwards notice of the
District's position that any proposed or present
charge to the Golden Feather Union School District
of fees pursuant to Revenue and Taxation Code
Section 97 (f) is disputed and invalid - action
requested - REFER TO CHIEF ADMINISTRATIVE OFFICER
AND COUNTY COUNSEL.
d. N. Cecil Nielsen, Chico - submits his resignation,
effective June 5, 1991 from the County's Building
Code Board of Appeals - action requested - REFER TO
PUBLIC WORKS DIRECTOR AND CHIEF ADMINISTRATIVE
OFFICER AND AUTHORIZE A LETTER OF APPRECIATION.
9~.-268 CLOSED SESSION: The Board recessed at 12:33 p.m. for
a closed session for the purpose of
actual litigation pursuant to
Government Code Section 54956.9(a)
(County of Butte v. Vandegrift).
CONVENE: The Board reconvened at 12:57 p.m.
,- following a closed session for the purpose
of actual litigation pursuant to
Government Code Section 54956. (a) (County
of Butte v. Vandegrift). (NO
ANNOUNCEMENTS)
~,p~OURNMENT: There being no further business before the
Board at this tame, the meeting was
adjourned at 12:58 p.m. to reconvene on
Tuesday, June 25, 1991 at 9:00 a.m.
OLAN, Chaar
of Supervisors
ATTEST:
WILLIAM H. RAND PH, Chief Administrative Officer
~.nc~. Clerk of t e Board of Supervisors
By:
Page 193
June 18, 1991
S