HomeMy WebLinkAboutM072490i\
July 24, 1990
Ca11 to order - Board of Supervisors room, County
Administration Building, 25 County Center Drive,
Oroville. Supervisors Dolan, Fulton, McInturf, Vercruse
and Chairman McLaughlin present. Starlyn Brown, acting
chief administrative officer; Susan Minasian, county
counsel, and Carol Roach, assistant clerk of the Board.
Pledge of allegiance to the Flag of the United States of
America.
90-299 Items removed from the Consent Agenda for Board
consideration and action.
1. Hospitals within Butte County - contracts have been
prepared with Biggs-Gridley Memorial Hospital, Chico
Community Hospital, N. T. Enloe Memorial Hospital,
Feather River Hospital and Oroville Hospital for the
disbursement of $283,045 in hospital formula,
hospital discretionary and other funds allocated in
the Tobacco Tax Initiative Program (Proposition 99}
to help offset the cost of providing medical charity
care - action requested - APPROVE CONTRACTS AND
AUTHORIZE THE CHAIRMAN TO SIGN. (NO ACTION TAKEN)
90-300 Consent _Ac(_enda
1. Minutes - action requested - APPROVE MINUTES OF
JUNE 26, 1990 AND JULY 10, 1990.
2. County library donation - in accordance with
Government Code Section 25355, a donation of $170
has been received from Chico Friends of the Library
for the Butte County trust fund for the purchase of
books - action requested - ACCEPT DONATION AND
AUTHORIZE LETTER OF APPRECTATxON.
3. Energy, Natural Resources and Recreation Element and
EIR - Board approval is requested far the sale of
the document at $16 each - action requested -
APPROVE SALE.
Page 215
July 24, 1990
July 24, 1990
90-300 4. Formation of County Service Area No. 132 (Turner's
3rd Subdivision) - the Local Agency Formation
Commission has approved the formation of County
Service Area No. 132 (Turner's 3rd Subdivision} to
provide operation and maintenance of streetlighting
pursuant to Government Code Section 25210.14 -
action requested - ADOPT RESOLUTION 90-111 AND
AUTHORIZE THE CHAIRMAN TO SIGN.
5. Formation of County Service Area No. 133 (Ceres
Avenue Subdivision) - the Local Agency Formation
Commission has approved the formation of County
Service Area No. 133 (Ceres Avenue Subdivision) to
provide streetlighting and storm drainage
maintenance pursuant to Government Code Section
25210.14 - action requested - ADOPT RESOLUTION 90-
112 AND AUTHORIZE THE CHAIRMAN TO SIGN.
6. Formation of County Service Area No. 134 {Baker's
Dozen Subdivision) - the Local Agency Formation
Commission has approved the formation of County
Service Area No. 134 (Baker's Dozen Subdivision) to
provide streetlighting and storm drainage
maintenance pursuant to Government Code Section
25210.14 - action requested - ADOPT RESOLUTION 90-
113 AND AUTHORIZE THE CHAIRMAN TO SIGN.
7. Lake Oroville Area Public Utilities District -
praposed is a property tax exchange agreement for
the James C. Bishop annexation - action requested -
APPROVE AGREEMENT AND AUTHORIZE THE CHAIRMAN TO
SIGN«
8. Lake Oroville Area Public Utilities District -
proposed is a property tax exchange agreement for
the George annexation - action requested - APPROVE
AGREEMENT AND AUTHORIZE THE CHAIRMAN TO SIGN.
9. Final map - Turner's 3rd Subdivision _ the developer
has provided a Letter of Credit to guarantee
construction of improvements within a period of one
year on the eight lot subdivision, AP 39-24-20,
property located on the northeast corner of Turner
Lane and Burdick Road, Durham area (Dwyer Court is
not accepted at this time) - action requested -
APPROVE FINAL MAP, ACCEPT EASEMENTS AS GRANTED IN
ITEM B OF THE OWNER'S STATEMENT ON BEHALF OF THE
PUBLIC, ACCEPT GRANT IN FEE SIMPLE BURDICK ROAD AND
THE ONE FOOT, NO ACCESS STRIPS AS OFFERED IN ITEM
A OF THE OWNER'S STATEMENT, AND AUTHORIZE THE
CHAIRMAN TO SIGN THE SUBDIVISION AGREEMENT.
Page 216
July 24, 1990
\,
July 24, 1990
90-300 1b. Final map - Walnut Manor Subdivision - the developer
has provided a Letter of Credit to guarantee
construction of improvements within a period of one
year on the 32 lat subdivision, AP 42-60-02, 03,
property located on the south side of East Avenue,
approximately 550 feet west of Guynn Avenue, Chico
area - action requested - 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 STREAMSIDE COURT, WALNUT GLEN COURT AND
THE ONE FOOT, NO ACCESS STRIPS AS OFFERED IN ITEMS
A AND D OF THE OWNER'S STATEMENT, AND AUTHORIZE THE
CHAIRMAN TO SIGN THE SUBDIVISION AGREEMENT.
il. Bart Curiale, administrator and executor of the
estate of Michael Wayne Curiale - files an amended
claim in the amount of $500,000 for alleged damages
as a result of the death of Michael Wayne Curiale
on January 13, 1990 in the Butte County jail -
action requested - REJECT AMENDED CLAIM AND REFER
TO COUNTY COUNSEL AND RISK MANAGEMENT.
12. State Surplus Property Program - Board
authorization is requested to renew the application
to participate in the State Surplus Property
Program - action requested - APPROVE ASSURANCE OF
COMPLIANCE WITH GSA REGULATIONS; ADOPT RESOLUTION
90-114 DESIGNATING WILLIAM H. RANDOLPH, CHIEF
ADMINISTRATIVE OFFICER, MIKE PYEATT, GENERAL
SERVICES ADMINISTRATOR, AND PATRICIA DUNBAR, SENIOR
BUYER AS THE COUNTY'S REPRESENTATIVES TO ACQUIRE
FEDERAL SURPLUS PERSONAL PROPERTY AND AUTHORIZE THE
CHAIRMAN TO SIGN.
13. Investments information report -~ the
Treasurer/Tax Collector submits the June 30, 1990
report in accordance with AB 1073 and the County's
investment policy - action requested - ACCEPT FOR
INFORMATION.
14. Special district augmentation fund - the Auditor
submits his estimate of $1,302,000 for the 1990/91
special district augmentation fund and statutory
schedule of time frames - action requested -
AUTHORIZE APPROPRIATE NOTICES TO SPECIAL DISTRICTS
REGARDING THE SPECIAL DISTRICT AUGMENTATION FUND AND
SET A PUBLIC HEARING DATE FOR AUGUST 7, 1990 AT
11:00 A.M.
Page 217
July 24, 1990
Julv 24. 1990
90--300 15. California Department of Housing and Community
Development - consultant services agreements with
Connerly & Associates, Tnc. have been prepared to
prepare application for funding, 1990 CDBG Program,
and perform housing conditions survey and submit
applications for CDBG and other funding - action
requested - APPROVE AGREEMENTS, AUTHORIZE CHAIRMAN
TO SIGN, AND AUTHORIZE USE OF PROGRAM INCOME TO FUND
1990 CDBG APPLICATION PREPARATION.
16. Salary ordinance amendment - Personnel Department -
requested are an additional personnel analyst IT,
I and one typist clerk III. Due to the forthcoming
activity as a result of the County's fiscal
situation, Personnel Department support is
necessary - action requested - WAIVE THE SECOND
READING AND ADOPT ORDINANCE 2847.
17. Salary ordinance amendment - proposed is an
ordinance establishing the annual salary of the
Mental Health Director at $52,572 and restoring the
Health Officer to a 40 hour work week - action
requested - WAIVE THE FIRST READING OF THE
ORDINANCE.
18. Salary ordinance amendment - Public Health
Department - proposed is an ordinance flexibly
staffing a secretary II, I position to secretary II,
T, administrative services assistant - action
requested - WAIVE THE FIRST READING OF THE
ORDINANCE.
19. Resolution of appreciation to retiring Sergeant
William E. Prewitt, California Highway Patrol -
action requested - ADOPT RESOLUTION 90-115 AND
AUTHORIZE THE CHAIRMAN TO SIGN.
20. Resolution of appreciation to retiring California
Highway Patrolman Russell F. Colombo - action
requested - ADOPT RESOLUTION 90-116 AND AUTHORIZE
THE CHAIRMAN TO SIGN,
21. Implementation of law enforcement Memorandum of
Understanding (MOU) - a resolution of intention has
been prepared to amend their public employees
retirement system contract to provide 2% at age 50
benefits. The estimated annual cost for fiscal year
1992/93 is $302,000 - action requested - ADOPT
RESOLUTION OF INTENTION 90-121 AND AUTHORIZE THE
CHAIRMAN TO SIGN.
Page 218
July 24, 1990
July 24, 1990
90-300
22. State/Local Transportation Partnership Program Funds
(SB 300) - under the provisions of SB 300, Public
Works will be submitting applications t^ the State
for matching funds for various road reconstruction
projects - action requested - ADOPT RESOLUTION 90-
117 AUTHORIZING THE DIRECTOR AND DEPUTY DIRECTOR OF
PUBLIC WORKS TO EXECUTE APPLICATIONS FOR SB 300
FUNDS ON BEHALF OF THE COUNTY, AND AUTHORIZE THE
CHAIRMAN TO SIGN.
23. Approval of plans and specifications for pavement
overlay of Cohasset Road and Oakvale Avenue, Project
No. AC-90-1 - plans and specifications have been
completed for the project - action requested -
APPROVE PLANS AND SPECIFICATIONS, ADOPT WAGE SCALE,
AND SET BTD OPENING ON AUGUST 16, 1990 AT 11:00 A.M.
IN THE PUBLIC WORKS OFFICE.
24. Right-of-way acquisition - agreement for sale -
Foothill Boulevard reconstruction project, County
project no. 21574-89-1:
Total
Parcel No. Owner Acres
21 Maurice P. Schenck 0.27
22 James Earl Hoopes 0.68
25 A & B Walton G. Walker 0.50
Land Improvements Total
$500 None $500
$1,800 None $1,800
$400 None $400
action requested - APPROVE AGREEMENTS FOR SALE,
AUTHORIZE CHAIRMAN TO SIGN, AUTHDRIZE AUDITOR TO
DRAW WARRANT UPON DEMAND OF COUNTY'S ESCROW AGENT,
ACCEPT DEED, AND AUTHORIZE THE CHAIRMAN TO SIGN
CERTIFICATES OF ACCEPTANCE.
Page 219
July 24, 1990
July 2~4 , 1990
90-300 25.
Right-of-way acquisition - agreement for
acquisition - LaPorte Road reconstruction project,
County project no. 03531-89-1:
Total
Parcel No. Owner Acres
1A, 1B, Bigland Development 7.15
2 and 3 Corporation
Land Improvements Total
0.0 None 0.0
(Donation)
action requested - APPROVE AGREEMENT FOR
ACQUISITION, AUTHORIZE CHAIRMAN TO SIGN, ACCEPT DEED
AND AUTHORIZE CHAIRMAN TO SIGN CERTIFICATE OF
ACCEPTANCE.
25. Assignment of counsel - County Counsel proposes to
assign Alford v. Board of Supervisors to the law
firm of Marsh, Marsh, Volpe & Molin - action
requested -APPROVE ASSIGNMENT OF COUNSEL.
27. Assignment of counsel - County Counsel proposes to
assign Meraz v. Woodard and County of Butte to the
law firm of Craig & Shepherd - action requested --
APPROVE ASSIGNMENT OF COUNSEL.
28. Enloe Hospital - a contract has been prepared to
continue perinatal case management services to Butte
County women with drug or alcohol problems. The
term of the contract is July 1, 1990 through June
30, 1.991 in the maximum amount of $15,400 - action
requested - APPROVE CONTRACT AND AUTHORIZE THE
CHAIRMAN TO SIGN.
29. Kate McCracken - a contract has been prepared, as
part of the expanded Homeless Emergency Runaway
Effort (H.E.R.E), to provide alcohol and drug
services to at-risk youth and their families. The
term of the contract is July 1, 1990 through June
30, 1991 in the maximum amount of $41,000 - action
requested - APPROVE CONTRACT AND AUTHORIZE THE
CHAIRMAN TO SIGN.
30. Butte County Schools - an agreement has been
prepared to provide an adolescent day treatment
program far severely emotionally disturbed children
and adolescents. The term of the agreement is
July 1, 1990 through June 30, 1991 in the maximum
amount of $149,491 - action requested - APPROVE
AGREEMENT AND AUTHORIZE THE CHAIRMAN TO SIGN.
Page 220
July 24, 1990
July 24, 1990
90-300
31. Anne Osborn - an agreement has been prepared to
provide special counseling in the schools under the
Primary Intervention Project (PIP} grant from the
State Department of Mental Health. The term of the
agreement is July ~., 1990 through June 30, 1991 in
the maximum amount of $8,320 - action requested -
APPROVE AGREEMENT AND AUTHORIZE THE CHAIRMAN TO
SIGN.
32. Anne Osborn - an agreement has been prepared to
provide assessment and counseling services for
children. The term of the agreement is July 1, 1990
through June 30, 1991 in the maximum amount of
$27,500 - action requested -- APPROVE AGREEMENT AND
AUTHORIZE THE CHAIRMAN TO SIGN.
33. Chico Industrial Medical Center - an agreement has
been prepared to provide medical evaluation of
persons admitted to the Butte County Mental Health
Psychiatric Health Facility on a daily basis. The
term of the agreement is July 1, 1990 through June
30, 1991 in the maximum amount of $61,1&0 - action
requested - APPROVE AGREEMENT AND AUTHORIZE THE
CHAIRMAN TO SIGN.
34. Chico Community Hospital - an agreement has been
prepared to provide for meals to inpatients at Butte
County Mental Health. The term of the agreement is
July 1, 1990 through June 30, 1991 in the maximum
amount of $50,860 - action requested - APPROVE
AGREEMENT AND AUTHORIZE THE CHAIRMAN TO SIGN.
35. Victor Residential Centers, Inc. - an agreement has
been prepared to provide an intensive residential
treatment program for mentally ill adolescents
referred from Butte County Mental Health. The term
of the agreement is July 1, 1990 through June 30,
1991 in the maximum amount of $132,280 - action
requested - APPROVE AGREEMENT AND AUTHORIZE THE
CHAIRMAN TO SIGN.
36. Esplanade Manor - an agreement has been prepared to
provide a social, recreational and education program
to clients referred by Butte County Mental Health.
The term of the agreement is July 1, 1990 through
June 30, 1991 in the maximum amount of $51,234 -
action requested - APPROVE AGREEMENT AND AUTHORIZE
THE CHAIRMAN TO SIGN.
37. S. A. Cheeseman, M.D., Tnc. - an agreement has been
prepared to provide psychiatric services in the
Mental Health Department. The term of the agreement
is July 1, 1990 through June 30, 1991 in the maximum
amount of $10,560 - action requested - APPROVE
AGREEMENT AND AUTHORIZE THE CHAIRMAN TO SIGN.
Page 221 July 24, 1990
July 24, 1990
90-300 38. Esplanade Manor - an agreement has been prepared to
provide a 24 hour supplemental residential. care
program designed to augment basic living and care
services for mentally disordered adults. The term
of the agreement is July 1, 1990 through June 30,
1991 in the maximum amount of $114,816 - action
requested - APPROVE AGREEMENT AND AUTHORIZE THE
CHAIRMAN TO SIGN.
39. Henry's Care Homes (I) - an agreement has been
prepared to provide a 24 hour supplemental
residential care program designed to augment basic
living and care services for mentally disordered
adults. The term of the agreement is July 1, 1990
through June 30, 1991 in the maximum amount of
$6,624 - action requested - APPROVE AGREEMENT AND
AUTHORIZE THE CHAIRMAN TO SIGN.
40. Pine Ridge Care Home - an agreement has been
prepared to provide a 24 hour supplemental
residential care program designed to augment basic
living and care services for mentally disordered
adults. The term of the agreement is July 1, 1990
through June 30, 1991 in the maximum amount of
$6,624 - action requested - APPROVE AGREEMENT AND
AUTHORIZE THE CHAIRMAN TO SIGN.
41. Ponderosa Lodge -- an agreement has been prepared to
provide a 24 hour supplemental residential care
program designed to augment basic living and care
services for mentally disordered adults. The term
of the agreement is July 1, 1990 through June 30,
1991 in the maximum amount of $3,312 - action
requested - APPROVE AGREEMENT AND AUTHORIZE THE
CHAIRMAN TO SIGN.
42. State Department of the Youth Authority -a contract
has been prepared to implement Welfare and
Institutions Code Sections 704 and 1733.6 for case
referrals from the juvenile or criminal courts for
diagnostic and treatment services, and temporary
detention. The term of the contract is July 1, 1990
through June 30, 1991 in the maximum amount of
$3,240 per month - action requested - APPROVE
CONTRACT AND AUTHORIZE THE CHAIRMAN TO SIGN.
43. 1990/91 State Department of the Youth Authority -
contract 35-90 has been prepared in the maximum
amount of $200,874 to cover operation of the Butte
County Regional Center at the Juvenile Hall for
youth authority wards -- action requested - APPROVE
CONTRACT AND AUTHORIZE THE CHAIRMAN TO SIGN.
Page 222
July 24, 1990
July 24, 1990
90-300 44. County Service Area No. 34 - swimming pool agreement
with Butte County Fair Association, Gridley - an
agreement has been prepared to extend the
cooperative contract for the operation, maintenance,
repair and upkeep of the Gridley Pool to June 30,
1991 - action requested - APPROVE AGREEMENT AND
AUTHORIZE THE CHAIRMAN TO SIGN.
45. Local Agency-State agreement - Seismic Safety
Retrofit Program Bridge Retrofit Assessment - a
local agency-State agreement has been prepared to
reimburse Butte County for costs involved in the
preparation of seismic retrofit inventory forms for
all (approximately 270) bridges within the County's
jurisdiction - action requested - APPROVE AGREEMENT
AND AUTHORIZE THE CHAIRMAN TO SIGN.
46. Neal Road Landfill - module 2 clay liner and
perimeter leachate collection system -action
requested - AUTHORIZE THE DIRECTOR OF PUBLIC WORKS
TO DIRECT NEAL ROAD LANDFILL COMPANY TO PROCEED WITH
THE WORK OF CONSTRUCTING MODULE 2 CLAY LINER AND
PERIMETER LEACHATE COLLECTION SYSTEM, SUBJECT TO
REGIONAL WATER QUALITY CONTROL BOARD APPROVAL, AT
A COST NOT TO EXCEED $225,098 WITHOUT PRIOR
DEPARTMENT OF PUBLIC WORKS APPROVAL WITH FUNDS FROM
THE NEAL ROAD LANDFILL MANAGEMENT FUND (FUND 7570).
47. University of California, Davis - an agreement has
been prepared to provide a major skills training
program for County personnel who provide eligibility
services for the period July 1, 1990 through June
30, 1991 in the maximum amount of $24,000 - action
requested - APPROVE AGREEMENT AND AUTHORIZE THE
CHAIRMAN TO SIGN.
48. Butte County Transit - reduced fare program for
California State University, Chico students and
staff during the fall, 1990 through spring, 1991
school year - action requested - AUTHORIZE THE SALE
OF 15,000 TICKETS TO CALIFORNIA STATE UNIVERSITY,
CHICO AT A COST OF $.70 PER TICKET TO BE SOLD ONLY
IN LOTS OF TEN TICKETS.
MOTION: MOVE TO APPROVE THE CONSENT AGENDA WITH ITEM
3.15 AMENDED AND ITEM 3.28 REMOVED,
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y {Unanimously Carried)
Regular Agenda
90-301 Appointments - commissions and committees.
a. Appointments to committee vacancies. (NONE)
Page 223
July 24, 1,990
July 24, __.7.990
90-302 Presentation of a donation by the Butte County Honorary
Deputy Sheriffs' Association to the Butte County
Sheriff's Department. (41) (PRESENTATION BY EMMETT
ANDERSON, PRESIDENT, BUTTE COUNTY HONORARY DEPUTY
SHERIFFS' ASSOCIATION TO SHERIFF LEROY WOOD OF A CHECK
TO BRING THEIR DONATION TO THE SHERIFF'S DEPARTMENT FOR
THIS PAST YEAR TO AN AMOUNT IN EXCESS OF $19,000 FOR THE
PURCHASE OF COMPUTERS, COMPUTER PRINTERS, RECORDING
DEVICES FOR INVESTIGATORS WORKING IN THE FIELD, AND 100
BODY SHIELDS FOR LAW ENFORCEMENT OFFICERS, ONE-HALF TO
BE UTILIZED BY THE SHERIFF'S DEPARTMENT AND ONE-HALF
BY OTHER LAW ENFORCEMENT AGENCIES IN BUTTE COUNTY.
MR. ANDERSON, AND THE MEMBERS OF THE ASSOCIATION, WERE
THANKED BY SHERIFF WOOD ON BEHALF OF THE SHERIFF'S
DEPARTMENT, AND CHAIRMAN McLAUGHLIN ON BEHALF OF THE
BOARD.)
90-303 Closed hearing - Kip Hayes - appeal of the Advisory
Agency's requirement for an environmental impact report
on tentative parcel map, AP 47-25-183, four parcels,
property located at the southeast corner of Garner Lane
and Dusty Lane, north Chico. (122) (CONTINUED UNTIL
LATER IN MEETING}
(CHIEF DEPUTY COUNTY COUNSEL NEIL McCABE PRESENT)
90-304 Report to the Board on the C M Enterprises request for
Board approval for temporary occupancy on AP 040-490-002
pending the outcome of an application fora General Plan
Amendment and rezone. (7.62)
MOTION: FIND THAT WHILE AN APPLICATION FOR A GENERAL
PLAN AMENDMENT AND REZONE HAS BEEN RECEIVED BY
THE PLANNING DEPARTMENT AND IS IN PROGRESS FOR
A GENERAL PLAN AMENDMENT TO INDUSTRIAL AND
REZONE TO M-1 ON AP 040-490-002, THE OUTCOME
OF THIS PROJECT IS UNCERTAIN AND THAT A
TEMPORARY USE OF JUNK TIRE STORAGE AND
PROCESSING FOR DISPOSAL IS NOT COMPATIBLE WITH
THE CURRENT GENERAL PLAN OR ZONING; AND DENY
THE REQUEST FOR A TEMPORARY OCCUPANCY BY C M
ENTERPRISES.
S M
VOTE: I Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried}
90-305 Closed hearing - Kip Hayes - appeal of the Advisory
Agency's requirement for an environmental impact report
on tentative parcel map, AP 47-25-183, four parcels,
property located at the southeast corner of Garner Lane
and Dusty Lane, north Chico. (412) (CONTINUED UNTIL
LATER IN MEETING)
Page 224
July 24, 1990
July 2.4,____1990
Public Hearings and Timed Items
90-306 Public meeting - Butte County's annual grantee
performance reports for the 1988 and 1989 Community
Development Block Grant Program - action requested -
AUTHORIZE THE CHAIRMAN TO SIGN THE ANNUAL GRANTEE
PERFORMANCE REPORTS. (1228}
MOTION: MOVE TO AUTHORIZE THE CHAIRMAN TO SIGN THE
ANNUAL GRANTEE PERFORMANCE REPORTS.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried}
90-307 Public hearing - renaming of a private road in the
Oroville area from Alicia Lane (Sandy Springs Lane to
Simpson Ranch Road) to Emerald Oak Road - action
requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIRMAN
TO SIGN. (1333}
MOTION: MOVE TO ADOPT RESOLUTION 90-118 AND AUTHORIZE
THE CHAIRMAN TO SIGN.
M S
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
90-308 Public hearing - E. H. Ochinero - appeal of the Planning
Commission's requirement for an environmental impact
report on a rezone from SR-1 (suburban residential -one
acre parcels) to PUD (planned unit development), property
located on the west side of Hicks Lane, approximately one
mile north of Sycamore Drive, identified as AP 007-010-
057, 058, 007-550-046 and 047, Chico. (1367) (PUBLIC
HEARING CLOSED}
MOTION: MOVE TO FIND THAT AN ENVIRONMENTAL IMPACT
REPORT IS REQUIRED FOR THE REASONS DISCUSSED
IN THE INITIAL STUDY AND PLANNING DEPARTMENT'S
MEMORANDUM DATED MAY 16, 1990.
M S
VOTE: 1 N 2 Y 3 N 4 Y 5 N (Motion Failed)
(CONTINUED TO AUGUST 7, 1990)
90-309 Public hearing - Douglas R. Grant - appeal of the
Advisory Agency's denial of a tentative parcel map
{proposed negative declaration with environmental
mitigations), AP 43-27-22, two parcels, property located
on the south side of West Sacramento Avenue approximately
450 feet east of St. Arrant Court, Chico area - action
requested - OPEN HEARING AND CONTINUE TO AUGUST 7, 1990
AT 10:45 A.M. (2636) (HEARING OPENED AND CONTINUED TO
AUGUST 7, 1990 AT 10:45 A.M.)
Page 225
July 24, 1990
Jul 24 1990
RECESS: 10:28 A.M.
RECONVENE: 10:41 A.M.
90-310 Continued hearing - Ron Laffins - consideration of a
rezone (proposed negative declaration with mitigation
measures regarding environmental impacts) from PAC
(planned area cluster) to SR-1 (suburban residential -
one acre parcels}, property located on the northwest and
southwest intersections of Highway 99 and Estates Drive,
identified as AP 040-020-124 and 040-350-004, 013, 014,
Chico. {2726)
MOTION: ACCEPT THE RECOMMENDATIONS OF STAFF MEMO DATED
MAY 15, 1990, AND FIND THAT (].} AN INITIAL
STUDY HAS BEEN COMPLETED TN COMPLIANCE WITH
CEQA.; {2} SAID STUDY AND COMMENTS RECEIVED
THEREON IDENTIFIED POTENTIALLY SIGNIFICANT
ENVIRONMENTAL EFFECTS THAT THE PROJECT MAY HAVE
HAD, BUT (A) REVISIONS IN THE PROJECT PLANS OR
PROPOSALS MADE BY OR AGREED TO BY THE APPLICANT
WOULD AVOID SUCH EFFECTS OR MITIGATE SUCH
EFFECTS TO A POINT WHERE CLEARLY NO SIGNIFICANT
EFFECTS WOULD OCCUR, AND (B) THERE IS NO
SUBSTANTIAL EVIDENCE BEFORE THE COUNTY THAT THE
PROJECT AS REVISED MAY HAVE SIGNIFICANT EFFECT
ON THE ENVIRONMENT.; {3) THAT THE PROPOSED
ZONING IS CONSISTENT WITH THE BUTTE COUNTY
GENERAL PLAN. ADOPT A NEGATIVE DECLARATION
WITH MITIGATIONS MEASURES; AND ADOPT ORDINANCE
284$ REZONING TO SR-1 THAT PROPERTY IDENTIFIED
AS AP 040-020-124 (RON LAFFINS); AND ADOPT
RESOLUTION 90-119 FOR A CONDITIONAL ZONING
AGREEMENT (INCLUDING AMENDED LANGUAGE FOR
CONDITION 5.) SUBJECT TO THE FOLLOWING
CONDITIONS:
Page 226
July 24, 1990
~Ti.~.ly _ 24 ,___1990
(1) AT THE TIME OF A SUBMITTAL FOR A TENTATIVE
MAP OR DEVELOPMENT PROPOSAL, THE APPLICANT
SHALL PROVIDE A MAP THAT IDENTIFIES ALL
EXISTING TREES AND RIPARIAN VEGETATION IN
RELATION TO ROADS AND BUILDING PAD LOCATIONS.
ALL NATIVE VEGETATION THAT IS NOT IMPACTED BY
ROADS OR STRUCTURES SHALL BE PRESERVED. (2)
DEVELOPMENT OF THE SITE SHALL COMPLY WITH THE
SEWAGE DISPOSAL REQUIREMENTS OF THE COUNTY
ENVIRONMENTAL HEALTH DEPARTMENT. GRADING OF
THE TOPSOIL SHALL BE MINIMIZED, ESPECIALLY AT
THE NORTH END OF THE PROJECT TO ENHANCE THE
SEWAGE DISPOSAL CAPABILITIES. 3. ANY PROPOSED
ROADS THAT CROSS THE DURHAM MUTUAL DITCH SHALL
BE APPROVED BY THE DEPARTMENT OF FISH AND GAME.
4. A SOUND ATTENUATION WALL OF AT LEAST SIX
FEET IN HEIGHT AND A LANDSCAPE VISUAL BUFFER
OF FAST-GROWING TREES AND SHRUBS (SUCH AS
OLEANDER, HOPBRUSH, ALEPPO PINE, OR POPLARS)
SHALL BE PROVIDED ALONG STATE HIGHWAY 99
FRONTAGE. THE BARRIER TO BE DESIGNED SUCH THAT
NOISE WILL BE REDUCED TO 65 DB OR LESS AT THE
PROPERTY LINES OF PARCELS FRONTING ON HIGHWAY
99. 5. OBTAIN WRITTEN APPROVAL FROM CAL TRANS
RELATIVE TO ESTATES DRIVE ACCESS AND POTENTIAL
FRONTAGE ROADS. (TO BE AMENDED TO INCLUDE "AN
EASEMENT SHALL BE PROVIDED FOR A FUTURE
FRONTAGE ROAD THAT COMPLIES WITH CALTRANS
REQUIREMENTS FOR WIDTH AND LOCATION. THIS
EASEMENT SHALL BE SHOWN ON ANY TENTATIVE MAP
SUBMITTED FOR THE SUBJECT PROPERTY.") 5.
PROVIDE FOR A PERMANENT SOLUTION FOR DRAINAGE,
INCLUDING THE PROTECTION OF DOWNSTREAM
PROPERTIES FROM ANY FLOODING. THIS SHALL BE
PROVIDED AT THE TIME OF TENTATIVE MAP OR
DEVELOPMENT SUBMITTAL. 7. INCORPORATE
"POLLUTION TRAPS" INTO THE STORM DRAIN DESIGN
NEAR THE POINT OF DISCHARGE TO MINIMIZE IMPACTS
DURING LC}W FLOWS. 8. COMPLY WITH ENERGY
CONSERVATION MEASURES AS SET FORTH IN THE
UNIFORM BUILDING CODE AND SECTION 56473.1 OF
THE SUBDIVISION MAP ACT.
M S
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
(CHAIRMAN McLAUGHLIN NOT PRESENT; VICE CHAIR DOLAN
PRESIDING)
(STARLYN BROWN, ACTING CHIEF ADMINISTRATIVE OFFICER NOT
PRESENT; EMMETT POGUE, DEPUTY ADMINISTRATIVE OFFICER
PRESENT)
Page 227
July 24, 1990
Julv 24. 1.990
90-311 Public hearing - Butte County Planning Commission -
consideration of adoption of a preferred land use plan
alternative for the Durham-Dayton-Nelson Area Plan. A
Planning Alternatives Study has been prepared by the
Durham-Dayton-Nelsc~ Citizens Advisory Committee which
will be considered by the Board of Supervisors in
adopting a preferred land use plan alternative. (3108)
(**00} (***00) (HEARING CLOSED. SUPERVISORS DOLAN AND
McTNTURF TO MEET AND FORMULATE A MOTION FOR PRESENTATION
TO THE BOARD. CONTINUED TO AUGUST 7, 1990)
RECESS: 12:30 P.M.
RECONVENE: 1:52 P.M. CHAIRMAN MCLAUGHLIN PRESIDING.
(SUPERVISOR VERCRUSE NOT PRESENT)
(SUSAN MINASTAN, COUNTY COUNSEL AND STARLYN BROWN, ACTING
CHIEF ADMINISTRATIVE OFFICER PRESENT}
Regular Agenda
90-312 Closed hearing - Kip Hayes - appeal of the Advisory
Agency's requirement for an environmental impact report
on tentative parcel map, AP 47-25-183, four parcels,
property located at the southeast corner of Garner Lane
and Dusty Lane, north Chico. (361)
MOTION: MOVE TO GRANT APPEAL AND DIRECT PREPARATION OF
A MITIGATED NEGATIVE DECLARATION WITH
MITIGATION MEASURES FOR THIS PROJECT, AND THAT
THE DEVELOPER ENTER INTO THE AGREEMENT MARKED
EXHIBIT "C" OF THE JULY 20, 1990 MEMORANDUM TO
THE BOARD FROM THE OFFICE OF COUNTY COUNSEL AS
A COVENANT TO RUN WITH THE LAND.
M S
VOTE: 1 Y 2 Y 3 NP 4 Y 5 Y (Unanimausly Carried)
MOTION: MOVE THAT CHAIRMAN McLAUGHLIN AND SUPERVISOR
DOLAN BE APPOINTED AS A COMMITTEE TO DEVELOP
SOME PROPOSED LANGUAGE SIMILAR TO THE MOTION
ON THE HAYES FOUR PARCELS (MINUTE ORDER 90-312)
FOR PARCELS THAT WERE VERY, VERY CLOSE TO BEING
COMPLETED (PLANNING DEPARTMENT MEMORANDUM DATED
APRIL 12, 1990) , AND THEN IT IS VERY CLEAR THAT
WE NEED TO DEVELOP SOME PERIMETERS OF WHAT THE
SPECIFIC PLAN MEANS IN THE NORTH CHICO AREA,
I . E . A PLAN OF ACTION FOR THE NORTH CHIGO AREA.
S M
VOTE: 1 Y 2 Y 3 NP 4 Y 5 Y (Unanimously Carried)
Page 228
July 24, 1990
~~
July 24. 1990
90-313 County Service Area No. 130 (Richardson Springs)
consideration of the designation of a County staff member
authorized to sign documents relating to an application
for a Small Community Grant under the California Clean
Water Bond Law of 1988 -- action requested - DESIGNATE
COUNTY OFFICIAL; ADOPT A RESOLUTION AND AUTHORIZE THE
CHAIRMAN TO SIGN. (494)
(SUPERVISOR VERCRUSE PRESENT)
MOTION: MOVE TO DESIGNATE THE DIRECTOR OF ENVIRONMENTAL
HEALTH; ADOPT A RESOLUTION AND AUTHORIZE THE
CHAIRMAN TO SIGN.
S M
VOTE: 1 2 3 4 5 (Motion Withdrawn}
MOTION: MOVE TO DESIGNATE THE PUBLIC WORKS DIRECTOR AS
THE SIGNATORY, ADOPT RESOLUTION 90-120, AND
AUTHORIZE THE CHAIRMAN TO SIGN.
S M
VOTE: 1 Y 2 Y 3 N 4 Y 5 Y {Motion Carried}
90-314 Mental Health Director agreement - proposed is an
agreement for employment services commencing August 20,
1990 and expiring on August 19, 1994 with compensation
of $52,572 per year .. action requested - APPROVE
AGREEMENT AS TO FORM, TO BE OFFERED TO THE FIRST
CANDIDATE SELECTED. (1191)
MOTION: MOVE TO APPROVE AGREEMENT AS TO FORM, TO BE
OFFERED TO THE FIRST CANDIDATE SELECTED.
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
90-315 Announcement of appointment of Mental Health Director -
action requested - AUTHORIZE CHAIRMAN TO SIGN EMPLOYMENT
AGREEMENT. (1327) (EARL ECKERT, ANNOUNCED THE SELECTION
OF RONALD ERTCKSON OF MENDOCINO COUNTY)
MOTION: MOVE TO APPOINT RONALD ERICKSON OF MENDOCINO
COUNTY AS MENTAL HEALTH DIRECTOR, AND AUTHORIZE
THE CHAIRMAN TO SIGN THE EMPLOYMENT AGREEMENT.
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
90-316 Update by the Acting Chief Administrative Officer on
Sacramento/legislative activities. (1370} (REPORT BY
STARLYN BROWN, ACTING CHIEF ADMINISTRATIVE OFFICER)
Page 229
July 24, 1990
_.,,
Jul 24 1990
90--317 CLOSED SESSION: The Board recessed to closed session
at 2:30 p.m. for the purpose of a
personnel matter and meet and confer.
RECONVENE: The Board reconvened at 2:43 p.m.
following a closed session for the purpose
of a personnel matter and meet and confer.
(SUPERVISOR VERCRUSE NOT PRESENT) (NO
ANNOUNCEMENTS)
90-318 Consideration of revised recruitment plan for Air
Pollution Control Officer - action requested - ADOPT THE
REVISED RECRUITMENT SCHEDULE AND AUTHORIZE ADVERTISING
THE POSITION WITH A SALARY OF $40,950, NEGOTIABLE
DEPENDING UPON QUALIFICATIONS.
MOTION: MOVE TO ADOPT THE REVISED RECRUITMENT SCHEDULE
AND AUTHORIZE ADVERTISING THE POSITION WITH A
SALARY OF $42,000, NEGOTIABLE DEPENDING UPON
QUALIFICATIONS.
S M
VOTE: l Y 2 Y 3 NP 4 Y 5 Y (Unanimously Carried)
90-319 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.) (1000} (NONE)
90-320 Communications
Communications received and referred. (COPIES OF ALL
COMMUNICATIONS ARE AVAILABLE TN THE CLERK OF THE BOARD
OFFICE.)
a, Butte County Special Districts Association -
forwards their proposal for distribution of special
district augmentation funds - action requested ..
REFER TO CHIEF ADMINISTRATIVE OFFICER AND AUDITOR-
CONTROLLER.
b. Town of Paradise - forwards Town of Paradise
resolution no. 88-31 requesting the consolidation
of their general municipal election with the
statewide general election to be held on
November 6, 1990 - action requested - REFER TO
COUNTY CLERK-RECORDER/ELECTIONS.
Page 230
July 24, 1990
~'*. r-:y
July 24. 190
c. State Department of Health and Human Services -
forwards the result of their desk review, which was
limited to Federal funds awarded by the U.S.
Department of Health and Human Services (HHS), of
the County's organization-wide audit report for the
year ended June 30, 1989 - action requested - REFER
TO AUDITOR-CONTROLLER.
d. State Department of Water Resources - requests Board
input if the proposed date change in California
Water Code Section 4275 from June 15 to July 15 wi11
cause any burden in putting the waterm,aster
apportionments on the county tax ro11s - action
requested - REFER TO ASSESSOR AND AUDITOR-CONTROLLER
FOR APPROPRIATE RESPONSE.
e. State Department of Water Resources - forwards the
statement of charges far a water supply from the
State Water Project for payments which will be due
in calendar year 1991 - action requested - REFER TO
AUDITOR-CONTROLLER.
f. Deputy State Controller F. Arnold Schuler - writes
in response to Chairman McLaughlin's request that
their office "make contingency plans to take over
provision of" services provided by the County
Treasurer-Tax Collector, and advises that the
controller has neither the authority nor the ability
to assume the duties of the County Treasurer-Tax
Collector - action requested - REFER TO CHIEF
ADMINISTRATIVE OFFICER AND TREASURER-TAX COLLECTOR.
ADJOURNMENT: There being nothing further before the
Board at this time, the meeting was
adjourned at 2:44 p.m. to reconvene on
Tuesday, August 7, 1990 at 9:00 a.m. at
the Chico Municipal Center, 421 Main
Street, Chico, California.
Chairman, Boardf~f Supervisors
ATTEST:
WILLIAM H. RAND LP , Chief Administrative Officer
an Clerk of hey Board of Supervisors
By:
Page 231
July 24, 1990