HomeMy WebLinkAboutM080790~..
August 7, 1990
Call to order - Chico Municipal Center, 421 Main Street,
Chico. Supervisors Dolan, Fulton, McInturf, Vercruse and
Chairman McLaughlin present. William H. Randolph, chief
administrative officer; Susan Minasian, county counsel;
and Carol Raach, assistant clerk of the Board.
Pledge of allegiance to the Flag of the United States of
America.
90-321
Items removed from the Consent Agenda for Board
consideration and action. (125)
~.. Tax and Revenue Anticipation Note Issue for
1990/91 - a resolution had been prepared authorizing
the maximum issuance of $4,000,000 for Butte
Community College to reflect revised financing
arrangements -~ action requested - ADOPT RESOLUTION
AND AUTHORIZE THE CHAIRMAN TO SIGN. (NO ACTION
TAKEN)
Consent Agenda
90-322
1. Minutes - action requested - APPROVE MINUTES OF
JULY 24, 1990.
2. Budget transfer - action requested - APPROVE BUDGET
TRANSFER B-313 (FINAL).
3. County library donations - in accordance with
Government Code Section 25355, donations of $200
from Auxiliary Members, Fraternal Order of Eagles,
Oroville, and $700 from Chico Friends of the Library
have been received for the Butte County trust fund
for the purchase of books - action requested -
ACGEPT DONATIONS AND AUTHORIZE LETTERS OF
APPRECIATION,
Page 232
August 7, 1990
Au ust 7 1990
90-322 4. Appointments to the Biggs Memorial Hall Committee -
action requested - REAPPOINT RAY VALVERDE, JOHN
BUSITYHEAD, RICHARD SHIRLEY, FRANK MATHAUSER, GEORGE
GOODWIN, ALTERNATE, JERE REYNOLDS, ALTERNATE, AND
APPOINT MARK WEBER AND ANTONIO AIRISA, ALTERNATE.
5. Appointments to the Emergency Medical Care
Committee - action requested - REAPPOINT DIANE BASS
AND LT. WARREN LOFFTUS TO TERMS TO EXPIRE JUNE 30,
1993.
6. Final map - Sterling Subdivision - the developer has
provided a Maintenance Sand to guarantee maintenance
of facilities for a period of one year starting
July 23, 1990 on the i4 lot subdivision, AP 27-12-
01, property located on the south side of Grubbs
Road, 232 feet east of Crasacountre Road, Palermo
area - action requested - APPROVE FINAL MAP, ACCEPT
EASEMENTS AS GRANTED IN THE OWNER'S STATEMENT ON
BEHALF OF THE AGENCIES LISTED, AND AUTHORIZE THE
CHAIRMAN TO SIGN THE SUBDIVISION AGREEMENT.
7. Surplus property disposal - with the relocation of
Detox, several fixed asset and other items have been
declared surplus to the needs of the County, while
others are simply of no value. It is requested that
the Board authorize disposal or sale by Purchasing -
action requested - DECLARE LIST OF ITEMS SURPLUS TO
THE NEEDS OF THE COUNTY AND AUTHORIZE THEIR SALE OR
DISPOSAL BY THE PURCHASING DEPARTMENT.
S. Public Works motor grader - after evaluation of
numerous pieces of new and used equipment, a 1989
Dresser model 830 motor grader with 70 hours was
selected - action requested - AUTHORIZE PURCHASE
FROM SMA EQUIPMENT COMPANY, INC. OF SACRAMENTO FOR
$95,756 PLUS TAX (ROAD FUNDS).
9. South County Municipal Court requests release from
accountability -pursuant to Government Code Section
29390 and Board Resolution 75-177 relief from
accountability is requested for a loss of $3,172.83
from their safe as a result of a burglary in
September, 1989. The auditor-controller recommends
that the release include $100 (fixed asset loss-
safe) and $50 (change fund loss). The district
attorney supports the request -action requested -
APPROVE RELIEF FROM ACCOUNTABILITY AND COVERAGE OF
SHORTAGE AS A CHARGE AGAINST THE GENERAL FUND.
Page 233
August 7, 1990
August 7, 1990
90-322 10. 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 SECOND READING AND ADOPT
ORDINANCE 2849.
11. Salary ordinance amendment - Public Health
Department - proposed is an ordinance flexibly
staffing a secretary II, I position to secretary II,
I, administrative services assistant - action
requested - WAIVE THE SECOND READING AND ADOPT
ORDINANCE 2850.
12. PERS contract amendment for local safety members -
an ordinance has been prepared authorizing amendment
of the PERS contract to provide for two (2) percent
at age 50 retirement benefits for local safety
members - action requested - WAIVE THE FIRST READING
OF THE ORDINANCE.
13. Resolution of appreciation to retiring Lieutenant
James R. Miller, California Highway Patrol - action
requested - ADOPT RESOLUTION 90-122 AND AUTHORIZE
THE CHAIRMAN TO SIGN.
14. Temporary posting of a portion of Grand Avenue for
no parking - drag boat races are scheduled to be
held in the Thermalito Forebay on August 11-12,
1990, and to provide for adequate traffic control
it is necessary to post Grand Avenue from 20th
Street westerly for no parking - action requested -
AUTHORIZE THE NO PARKING DESIGNATION ON A TEMPORARY
BASIS FOR AUGUST 11-12, 1990.
15. Amendment 4 - Butte County Fair agreement - the
amendment extends the present operating agreement
for the Fair until January 1, 1991 or until a new
agreement is negotiated - action requested -
APPROVE AMENDMENT AND AUTHORIZE THE CHAIRMAN TO
SIGN.
Page 234
August 7, 1990
Auaust 7, 1990
90-322 16. Jail medical services agreement - following a
Request for Proposal (RFP) process, an agreement has
been prepared with California Forensic Medical
Group, Tnc. of Salinas to provide medical services
to inmates incarcerated in the Butte County Jail
covering the period September 1, 1990 through
August 31, 1992 in the amount of $539,500 per year
and containing cost-of-living and workload increase
provisions - action requested - APPROVE AGREEMENT
AND AUTHORIZE THE CHAIRMAN TO SIGN.
17. Juvenile Hall medical services agreement -following
a Request for Proposal (RFP) process, an agreement
has been prepared with California Forensic Medical
Group, Inc. of Salinas to provide medical services
to wards of the court detained in the Butte County
Juvenile Hall covering the period September 1, 1990
through August 31, 1992 in the amount of $73,500
per year and containing cost-of-living and workload
increase provisions - action requested - APPROVE
AGREEMENT AND AUTHORIZE THE CHAIRMAN TO SIGN.
18. Fire Station 44, Fair Street Fire Station - a
lease agreement has been prepared with Gordon
Williamson for the South Chico Fire Station for the
period July 1, 1990 through June 30, 1991 in the
monthly amount of $1,100 - action requested -
APPROVE AGREEMENT AND AUTHORIZE THE CHAIRMAN TO
SIGN.
19. Butte County Office of Education - an agreement has
been prepared for the continued provision of
planning, coordination and evaluation services to
high risk youth and their families in conjunction
with Butte County's Alcohol and Drug Services'
Community Youth Links Project, a federal grant. The
contract covers the period July 1, 1990 through
June 30, 1991 in the maximum amount of $70,591 -
action requested - APPROVE AGREEMENT AND AUTHORIZE
THE CHAIRMAN TO SIGN.
20. Contractor's releases - 1988/89 Maternal and Child
Health (MCH) agreement, and 1988/89 Women, Infants
and Children's {WIC) agreement - contractor's
releases have been prepared for agreement no. 88-
93608 and agreement no. 88-94224 as all conditions
of the agreements have been met - action requested -
APPROVE CONTRACTOR'S RELEASES AND AUTHORIZE THE
CHAIRMAN TO SIGN.
Page 235
August 7, 1990
,.
August 7_.,___1990
90-322 21. State Department of Health Services contract no. 89-
97893-01 - the proposed contract amendment to the
Tobacco Control Education contract provides for
$219,440 in state funding for fiscal year 1989/90
for tobacco related education programs in Butte
County - action requested - APPROVE AMENDMENT AND
AUTHORIZE THE CHAIRMAN TO SIGN SUBJECT TO APPROVAL
OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER.
22. Acting Air Pollution Control Officer - proposed is
five (5) percent differential pay for Richard Price,
retroactive to the first pay period following
May 22, 1990 through August 6, 1990, and biweekly
commencing August 7, 1990 until an Air Pollution
Control Officer commences work - action requested -
APPROVE RETROACTIVE AND BIWEEKLY FIVE PERCENT
DIFFERENTIAL PAY FOR THE ACTING AIR POLLUTION
CONTROL OFFICER.
23. Law Enforcement General and Management Units -
Memorandums of Understanding (MOUs) - a tentative
agreement has been reached on an extension of
current MOUs for one year from the current
October 6, 1990 expiration date - action requested -
RATIFY THE TENTATIVE AGREEMENT FOR LAW ENFORCEMENT
GENERAL AND MANAGEMENT UNITS.
24. Clarification of catastrophic leave provisions of
Memorandum of Understandings (MOUs) - current MOUs
contain provisions for establishment of catastrophic
leave pools. The County negotiators and the
employee organizations have agreed to the
provisions - action requested -APPROVE CATASTROPHIC
LEAVE PROVISIONS AND AUTHORIZE THE PERSONNEL
DIRECTOR TO SIGN SAID AGREEMENTS WITH APPLICABLE
EMPLOYEE ORGANIZATIONS.
25. Consolidation of elections with the November 6, 1990
General Election - the Cities of Chico and Oroville,
Town of Paradise, and Chico Area Recreation and Park
District (CARD) have each submitted resolutions
requesting Board approval of the consolidation of
elections with the General Election to be held
on November 6, 1990. With Board approval of the
consolidations, the City of Oroville and Ghico Area
Recreation and Park District will be required to
deposit with the County Elections Department, the
estimated cost of the election, by August 16, 1990 -
action requested - APPROVE CONSOLIDATION OF
ELECTIONS.
Page 236
August 7, 1990
Au ust 7 1990
MOTION: MOVE TO APPROVE THE CONSENT AGENDA WITH THE
REMOVAL OF ITEM 3.09.
S~ M
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y {Unanimously Carried)
Regular Agenda
90-323 Appointments - commissions and committees.
a. Appointments to committee vacancies. (NONE)
Air Pollution Control Board
Recess at 9:12 a.m. as the Board of Supervisors and
convene as the Air Pollution Control District Board of
Directors. (190)
90-324 Approval of minutes - action requested - APPROVE
MINUTES OF MARCH 6, 1990.
MOTION: MOVE TO APPROVE MINUTES OF MARCH 6, 1990.
M S
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
90-325 Consideration of adoption of proposed rule amendments to
the Air Pollution Control District Rules and
Regulations - action requested - SET A PUBLIC HEARING
DATE FOR AUGUST 21, 1990 AT 10:15 A.M.
Consideration of implementation of a countywide motor
vehicle smog check program - action requested - SET A
PUBLIC HEARING DATE FOR AUGUST 21, 1990 AT 10:15 A.M.
MOTION: MOVE TO SET PUBLIC HEARINGS DATES FOR
SEPTEMBER 18, 1990 AT 10:00 A.M.
M S
VOTE: ~. Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
Adjourn at 9:14 a.m. as the Air Pollution Control
District Board of Directors and reconvene as the Board
of Supervisors.
Page 237
August 7, 1990
_.. r°"~ !may
August 7, 1990
Regular Actenda
90-326 Capital Outlay Plan - the Tobacco Tax and Health
Protection Act of 1988 (Proposition 99) has made
available $705,340 for capital improvements to clinic
facilities and hospitals within Butte County - action
requested - ADOPT THE CAPITAL OUTLAY PLAN FOR THE COUNTY
OF BUTTE PURSUANT TO SECTION 16994 OF THE WELFARE AND
INSTITUTIONS CODE AND AUTHORIZE CHAIRMAN TO SIGN APPROVAL
CERTIFICATION. (290)
MOTION: ADOPT THE CAPITAL OUTLAY PLAN FOR THE COUNTY
OF BUTTE PURSUANT TO SECTION 16994 OF THE
WELFARE AND INSTITUTIONS CODE AND AUTHORIZE
CHAIRMAN TO SIGN APPROVAL CERTIFICATION.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
90-327 Closed 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. (425)
MOTION: MOVE TO UPHOLD THE APPEAL NOT TO REQUIRE AN
ETR; FIND THAT THE IMPACTS OF THIS PROPOSAL
ARE MITIGATED BY THE MITIGATION MEASURES
DEVELOPED WITHIN APPLICANT'S "EXPANDED INITIAL
STUDY'S AND SUBSEQUENT REPORTS; FIND THAT THE
CUMULATIVE IMPACTS OF THIS PROJECT ON THE NORTH
CHTCO AREA CAN BE MITIGATED THROUGH THE PROJECT
DESIGN AND PROPOSED ON-SITE AND OFF-SITE
IMPROVEMENTS; AND DIRECT STAFF TO PREPARE A
NEGATIVE DECLARATION WITH MITIGATION MEASURES,
AND SET THE PROJECT FOR PUBLIC HEARING WITH THE
PLANNING COMMISSION.
S M
VOTE: l Y 2 N 3 Y 4 N 5 Y (Motion Carried)
90-328 Report by the Auditor-Controller and Chico Area
Recreation District (CARD) on the collection and
disbursement of developer and mitigation fees during
fiscal year 1989/90. (540) (REPORT BY JIM JOHANSEN,
AUDITOR-CONTROLLER ACCEPTED FOR INFORMATION BY THE BOARD)
Page 238
August 7, 1990
Auaust 7. 1990
90-329 Consideration of request to place an advisory measure on
the November, 1990 ballot asking voters whether they wish
to annex to the City of Chico - action requested - ADOPT
RESOLUTION SETTING A MEASURE BEFORE VOTERS IN THE
UNINCORPORATED AREA ASKING THEM WHETHER THEY WISH TO
ANNEX TO THE CITY OF CHICO; OR DECLINE TO PLACE THE
ADVISORY MEASURE ON THE BALLOT. (595) (**00)
MOTION: MOVE THAT THE BOARD SEND A LETTER TO THE CHICO
CHAMBER OF COMMERCE AND TO THE CITT~ENS GROUPS
WHO ARE NOW PARTICIPATING IN ANNEXATION ISSUES,
PARTICULARLY FOR AREAS 4 AND 8, AND SUGGEST A
SURVEY, BUT ALSO SUGGEST THE TWO SIDES FIND A
WAY TO INTERRUPT THE LAFCO PROCESS LONG ENOUGH
TO COME TO TERMS WITH THE IDEA OF COSTS. TO
WORK TOGETHER ON FINDING SOME BOTTOM LINES FOR
COST, AND ASK THEM TO CONSIDER WAITING BEFORE
FILING THE NEXT LAFCO APPLICATION GIVEN THE
FACT THAT THEIR EXPERIENCE WITH THAT HASN'T
BEEN PARTICULARLY SUCCESSFUL OR PRODUCTIVE.
(CHAIRMAN McLAUGHLTN APPOINTED THE CHICO ISSUES
COMMITTEE TO WORK ON THE PREPARATIDN OF THE
LETTER)
S M
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
Public Hearin s and Timed Items
90-330 Public hearing - Langerwerf Dairy, Inc. - appeal of the
Planning Commission's requirement for an environmental
impact report on a petition for immediate cancellation
of a Land Conservation Act Agreement on property coned
A-5 (agricultural -five acre parcels), property located
on the north side of Durham--Dayton Highway, approximately
2800 feet east of Esquon Road, identified as AP 040-140-
002 and 071, east of Durham, (559) (HEARING OPENED AND
CONTINUED TO SEPTEMBER 18, 1990 AT 10:30 A.M.)
Page 239
August 7, 1990
J
August 7. 1990
90-331 Public hearing - Larry Royal/Owen Peterson -
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 both sides of Royal
Mountain Road, approximately 900 feet south of Circle "J"
Road, approximately 3/4 mile west of Clark Road {State
Highway 191), identified as AP 041-080-099, 041-OSO-126,
Oroville.
MOTION: MOVE TO ACCEPT THE RECOMMENDATIONS OF STAFF
MEMORANDUM DATED MAY 29, 1990; 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 TN MAKING THIS
DECISION AND ADOPT A NEGATIVE DECLARATION; AND
(3) THE PROPOSED REZONE CONFORMS TO THE
POLICIES, INCLUDING THE TEXT AND MAP, OF THE
BUTTE COUNTY GENERAL PLAN BECAUSE OF THE
TOPOGRAPHY AND EXISTING DEVELOPMENT THAT HAS
TAKEN PLACE AND IT COMPLIES WITH THE BOARD OF
SUPERVISORS' DIRECTIVE TO ELIMINATE "U" ZONING
WHEREVER POSSIBLE. ADOPT ORDINANCE 2851
REZONING TO FR-5 THAT PROPERTY IDENTIFIED AS
AP 041-080-099 AND 126 (LARRY ROYAL/OWEN
PETERSON).
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
RECESS: 10:06 A.M.
RECONVENE: 10:22 A.M.
90-332 Public hearing - William H. Hauselt - appeal of the
Planning Commission's denial of a rezone (proposed
negative declarations with mitigation measures regarding
environmental impacts} from A-10 (agricultural, ten acre
parcels) to SR-1 (suburban-residential, one acre
parcels), property located on the west side of Highway
99, identified as AP 47-43-03, north of Chico. {67.9)
MOTION: MOVE TO DENY THE APPEAL.
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
Page 240
August 7, 1990
Au st 7 1990
90-333 Public hearing - Bachman & Associates, on behalf of
Country Commons - appeals the Advisory Agency's denial
of a tentative subdivision map (proposed negative
declaration with environmental mitigations), planned unit
development, Unit No. 3, AP 40-24-64, seven units,
property located at the south end of Trades Way
approximately 150 feet south of Gorrill Lane, Durham
area. (896)
MOTION: MOVE TO DENY THE APPEAL BASED UPON STAFF
MEMORANDUM OF JULY 9, 1990, WITH FINDINGS
CONTAINED THEREIN.
S M
VOTES 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
Re ular A ends
90-334 Park fees - a request has been made to increase the
amount and to expand the area for park fees in the
development of Chico area. (1122)
MOTION: MOVE TO SET A PUBLIC HEARING FOR SEPTEMBER 18,
1990 AT 10:45 A.M.
M S
VOTE: Z Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
90-335 Discuss recommendation to the City of Chico regarding a
request by Chico Unified Schaal District far sewer
service for a new elementary Schaal located on the
Northeast corner of the Renshaw/Guynn intersection -
actiori requested - APPROVE LETTER AND AUTHORIZE THE
CHAIRMAN TO SIGN. (1232)
MOTION: MOVE THAT THE BOARD OF SUPERVISORS ENDORSE THE
NORTHEAST CORNER OF THE HENSHAW/GUYNN
INTERSECTION AS THE PREFERRED SITE FOR A NEW
CHICO UNIFIED SCHOOL DISTRICT ELEMENTARY
SCHOOL, AND COMMUNICATE THAT TO THE CHICO CITY
COUNCIL.
M S
VOTE; Z Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
Page 241
August 7, 1990
August 7.,____1990
Public Hearings and Timed Items
90-336 Continued 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. Amant Court, Chico area. (1492}
MOTION: FIND THAT THE LOT CONFIGURATION AND THE WIDTH
OF THE EASEMENT IS NOT UNUSUAL IN THIS AREA,
AND MOVE TO UPHOLD THE APPEAL OF THE ADVISORY
AGENCY'S DENIAL OF THE DOUGLAS R. GRANT
TENTATIVE PARCEL MAP, AND APPROVE THE PROJECT
TO CREATE TWO PARCELS ON AP 43-27-22. I ALSO
MOVE TO ADOPT A MITIGATED NEGATIVE DECLARATION
OF ENVIRONMENTAL IMPACT FINDING THAT THE
PROJECT WILL NOT HAVE A SIGNIFICANT IMPACT ON
THE ENVIRONMENT IF PROPOSED MITIGATION MEASURE
IS COMPLIED WITH. APPROVAL OF THE PROJECT IS
SUBJECT TO PUBLIC WORKS CONDITIONS 1 THROUGH
15 AS NOTED IN LETTER DATED MAY 10, 1990 FROM
PUBLIC WORKS TO THE APPLICANT, AND
ENVIRONMENTAL HEALTH DEPARTMENT CONDITIONS 1
THROUGH 5 AS NOTED ON MEMO DATED JUNE 20, 1990
FROM ENVIRONMENTAL HEALTH TO THE LAND
DEVELOPMENT SECTION.
M S
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried}
90-337 Public hearing - Special District Augmentation Fund in
the estimated amount for 1990/91 of $1,302,OOD - action
requested - CONDUCT HEARING AND CONTINUE AS A CLOSED
HEARING UNTIL AUGUST 21, 1990. (1926) (OPEN HEARING
CONDUCTED AND CONTINUED AS A CLOSED HEARING TO AUGUST 21,
1990)
MOTION: MOVE THAT THE BOARD REVISIT THIS ISSUE PRIOR
TO FILING BANKRUPTCY SO THAT WE CAN CONSIDER
WHETHER WE SHOULD BUILD IT INTO THE PROPOSAL
GOING INTO BANKRUPTCY FOR REORGANIZATION.
(CHAIRMAN AND VICE CHAIR TO MEET WITH THE
SPECIAL DISTRICTS}
S M
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
Page 242
August 7, 1990
/~.~
August 7, 1990
90-338 Public hearing - consideration of a resolution to amend
drainage fees for development in the Thermalito area -
action requested - ADOPT RESOLUTION AND AUTHORIZE THE
CHAIRMAN TO SIGN. (3236) (***00}
MOTION: MOVE TO ADOPT RESOLUTION 90-123 AMENDING
THERMALITO AREA DRAINAGE FEES AND AUTHORIZE THE
CHAIRMAN TO SIGN.
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried}
90-339 Public hearing - waiver of county's obligation of
matching funds and county costs of other state programs -
pending legislation provides for a waiver of a county's
obligations of matching funds for various state programs.
State of California Department of Finance may grant such
waivers upon requests by resolution following public
hearings - action requested - ADOPT RESOLUTION AND
AUTHORIZE THE CHAIRMAN TO SIGN. (119} (HEARING OPENED
AND CONTINUED TO AUGUST 21, 1990 AT 11:00 A.M.)
90-340 Public hearing - 1990/91 Butte County final budget -
action requested - CONTINUE BUDGET HEARING OPEN UNTIL
AUGUST 21, 1990 AT 11:00 A.M., (179) (HEARING OPENED
AND CONTINUED TO AUGUST 21, 1990 AT 11:00 A.M.)
RECESS: 11:43 A.M.
RECONVENE: 12:03 P.M. (CHAIRMAN McLAUGHLIN NOT
PRESENT; VICE CHAIR DOLAN PRESIDING)
Page 243
August 7, 1990
August 7, 1990
Regular Agenda
(SUPERVISOR FULTON ACKNOWLEDGED THE CHTCO CHAMBER OF
COMMERCE'S WELCOME TO THE BOARD DF SUPERVISORS}
90-341 Closed 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-Nelson Citizens Advisory Committee which
will be considered by the Board of Supervisors in
adopting a preferred land use plan alternative. (383}
MOTION: MOVE TO ADOPT AS A PREFERRED LAND USE PLAN FOR
THE DURHAM-DAYTON-NELSON AREA PLAN ALTERNATIVE
6 AS APPROVED BY THE COMMITTEE AND RECOMMENDED
TO THE BOARD AT THEIR MEETING OF JULY 24, 1990
WITH THE FOLLOWING CHANGES: (1) THE TWO
PRIVATELY OWNED PARCELS ON THE WEST SIDE OF THE
MIDWAY BE DESIGNATED A-R (GENERAL PLAN), ZONED
SR-1 NOT P-Q (MILLER) ; (2) THE PARCELS ALONG
THE MIDWAY AND DURHAM-DAYTON HIGHWAY NOW
DEVELOPED TO INDUSTRIAL USES BE DESIGNATED
INDUSTRIAL AND ZONED M-1 (REFER TO MAP) ; ( 3 )
THE PARCEL AT THE SOUTHWEST CORNER OF HIGHWAY
99 AND DURHAM-DAYTON HIGHWAY BE DESIGNATED
INDUSTRIAL AND ZONED M-1; (4} AN OVERLAY ZONE
OR POLICY STATEMENT BE ESTABLISHED THAT WOULD
RECOGNIZE EXISTING INDUSTRIAL USES, BUT PROVIDE
FOR DISCRETIONARY REVIEW AND APPROVAL OF ANY
PROPOSED USES IF PRESENT USES ARE ABANDONED OR,
ESPECIALLY AT HIGHWAY 99, TF AREA IS
UNDEVELOPED; {5) THE AREAS TO NORTH AND WEST
OF "DOWNTOWN" DESIGNATED R-1 BE DESIGNATED
AGRICULTURE-RESIDENTIAL AND ZONED SR-1, BUT
DIRECT THAT IN THE ENVIRONMENTAL IMPACT PROCESS
SPECIFIC INFORMATION ON THE R-1 ALTERNATIVE BE
DEVELOPED ESPECIALLY IN TERMS OF THE NEED FOR
SEWERS FOR DEVELOPMENT AT THAT DENSITY; AND (6)
TO INCORPORATE THE URBAN RESERVE POLICY AS PART
OF THE PLAN.
M S
VOTE: 1 Y 2 Y 3 Y 4 NP 5 Y (Unanimously Carried)
RECESS: 12:16 P.M.
RECONVENE: 1:35 P.M. (CHAIRMAN McLAUGHLIN PRESIDING;
SUPERVISOR FULTON NOT PRESENT}
Page 244
August 7, 1990
August 7, 199D
90-342 CLOSED SESSION: The Board recessed to closed session
at 1:35 p.m. for actual litigation
pursuant to Government Code section
54956.9(a) (County of Butte v. Linda
McMahon, Scotts Valley Band of Pimo
Indians, et al. v. U. S. Government,
et al . , and Midway Orchards v . County
of Butte), and potential litigation
pursuant to Government Code Section
54956.9{b} (bankruptcy). (846)
RECONVENE: The Board reconvened at 2:25 p.m.
following a closed session for the purpose
of actual and potential litigation. (NO
ANNOUNCEMENTS) (SUPERVISOR FULTON NOT
PRESENT)
Regu~.ar Agenda
90-343 Update by the Chief Administrative Officer on
Sacramento/legislative activities. (875) (REPORT BY
WILLIAM H. RANDOLPH, CHIEF ADMINISTRATIVE OFFICER)
Public Hearings_ and_ Timed __Itez[ts
90-344 Consideration of appeal of the denial by the Personnel
Director to establish a representation unit for deputy
district attorneys and Superior Court staff attorneys -
action requested - DENY THE APPEAL OF THE COMMUNICATION
WORKERS OF AMERICA (CWA). {1D72} (HEARING OPENED AND
CONTINUED TO OCTOBER 2, 1990 AT 11:00 A.M.)
Regular A, ec~,_,nda
90-345 Health Plan Review Committee recommendations on renewal
of benefits. (1171)
MOTION: MOVE THAT THIS ITEM IS AN URGENCY ITEM WHICH
AROSE AFTER POSTING OF THE AGENDA.
S M
VOTE: 1 Y 2 Y 3 Y 4 Y 5 NP (Unanimously Carried}
MOTION: MOVE TO ACCEPT THE RECOMMENDATION OF THE HEALTH
PLAN REVIEW COMMITTEE.
S M
VOTE: 1 Y 2 Y 3 Y 4 Y 5 NP (Unanimously Carried)
Page 245
August 7, 1990
90-346 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 TS NOT
LISTED ON THE AGENDA.) (NONE}
g0-34~ Communications
Communications received and referred. (COPIES OF ALL
COMMUNICATIONS ARE AVAILABLE IN THE CLERK OF THE BOARD
OFFIGE.)
a. City of Chico - forwards resolution no. 2 90-91
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.
b. Chico Area Recreation and Park District - forwards
resolution no. 90-08 declaring intent to hold an
advisory election on November 6, 1990, and
requesting the inclusion of the CARD advisory vote
on the statewide general election ballot -action
requested - REFER TO COUNTY CLERK-
RECORDER/ELECTIONS.
c. Harald R. Walt, Director, California Department of
Forestry and Fire Protection - writes in response
to Chairman McLaughlin's letter regarding- the
1990/91 County budget and the potential elimination
of our cooperative agreement Schedule A activities -
action requested - REFER TO CHIEF ADMINISTRATIVE
OFFICER AND CDF CHIEF STEVE BROWN.
d. Donald R. Irwin, Director, State Office of Emergency
Services - writes in response to Chairman
McLaughlin's letter of June 21, 1990 concerning the
possible elimination of the County's three Civil
Disaster positions - action requested - REFER TO
CHIEF ADMINISTRATIVE OFFICER AND GENERAL SERVICES
ADMINISTRATOR.
e. Kenneth W. Kizer, M.D., M.P.H., Director, State
Department of Health Services - writes in response
to Chairman McLaughlin's letter regarding the
1990/91 County budget and the passible elimination
of employee positions - action requested - REFER
TO CHIEF ADMINISTRATIVE OFFICER AND DIRECTOR OF
PUBLTG HEALTH.
Page 246
August 7, 1990
August 7, 1990
f. Steven Shan, M.D., State Department of Mental
Health - writes in response to Chairman McLaughlin's
letter regarding the 1990/91 County budget and the
passible elimination of employee positions - action
requested - REFER TO CHIEF ADMINISTRATIVE OFFICER
AND ACTING MENTAL HEALTH DIRECTOR.
g. Linda S. McMahon, Director, State Department of
Social Services - writes in response to Chairman
McLaughlin's letter regarding the 1990/91 County
budget and the possible elimination of employee
positions - action requested - REFER TO CHIEF
ADMINISTRATIVE OFFICER AND WELFARE DIRECTOR.
ADJOURNMENT: There being nothing further before the
Board at this time, the meeting was
adjourned at 2:42 p.m. to reconvene on
Tuesday, August 21, 1990 at 9:00 a,m. at
the Board of Supervisors room, 25 County
Center Drive, Oroville, California.
off Supervisors
ATTEST:
WILLIAM H. RANDO~H, Chief Administrative Officer
and~Clerk of Board of Supervisors
By:
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August 7, 1990