HomeMy WebLinkAboutM091388September 1~ 1988
Ca11 to order - Board of Supervisors room, County Administration
Building, 25 County Center Drive, Oroville. Present: Supervisors
Dolan, Fulton, McLaughlin. Vercruse and Chairman Mclnturf.
Martin ~. Nichols, chief administrative officer; Susan Roff, county
counsel; and Carol Roach, assistant clerk to the Board.
Pledge of allegiance to the Flag of the United States of America.
Introduction by Chairman Mclnturf of Miss Oroville Cari Hoffman and
Miss Teen California Lisa Harris.
Supervisor Fulton introduced his son, Tim.
Acknowledgment of Susan Roff, one year anniversary as Butte County
County Counsel.
88-533 Items removed from the Consent Agenda for Board consideration and
action.
1. CS~AC annual meeting resolutions - separate resolutions have been
prepared to be submitted for consideration to the 1988 County
Supervisors Association of California annual meeting and
include: Trial Court Funding; support for two initiatives:
transfer of 1/2 cent of state sales tax to counties and require
state funding for increased levels of service and costs in
programs prior to 1975; Jail Block Grants; and state revenues in
excess of appropriation limits -action requested - ADOPT
RESOLUTIONS AND AUTHORIZE THE CHAIRMAN TO SIGN.
2. Advanced step hiring - physical therapist - Board authorization
is requested to hire physical therapists up to the "E" step of
the salary range and to also authorize use of a single full-time
position for two employees on a job sharing basis -action
requested - AUTHORIZE ADVANCED STEP MIRING AND JOB SHARING
ARRANGEMENT.
88-534 Consent A_ e
1. Approval of minutes - action requested ~- APPROVE MINUTES OF
AUGUST 2, 19$8r AUGUST 3, 198$, AUGUST 4, 198$ AUGUST 8, 9.98$
AND AUGUST 16, 1988.
Page 266 September 13, 1988
September 1-3. 1988
2. Budget transfers - action requested - APPROVE BUDGET TRANSFERS
B-2 {COUNTY CLERK), B-3 (ASSESSOR}, B-4 (PUBLIC REACTS), ANA B-
5 {JWENILE HALL} .
3. Mental. Realth - Beilenson Rearing -action requested - SET
PUBLIC HEARING DATE FOR OCTOBER 4, 1988 AT 11:00 A.M.
4. Resolution of intention to rename a private road in the Oroville
address area from Archuleta Lane {Oraville-Quincy Righway to
end] to Sunflotaer Lane as the residents in the area have
requested the name change - action requested - ADOPT RESOLUTION
88-128 SETTING A PUBLIC HEARING DATE FOR OCTOBER 4, 1988 AT
11:30 A.M.
5. Resolution of intention to rename a private road in the Oroville
address area from wa.lton Way {Lone Tree Road to end) to Circle
"G" Ranch Raad - action requested -ADOPT RESOLUTION 88-129
SETTING A PUBLIC REARING DATE FOR OCTOBER 4, 1988 AT 11:30 A.M.
6. County library donation - in accordance with Government Code
Section 25355 a donation of 52,000 has been received for the
Butte County Library Trust far purchase of books from the Noon
Exchange Club of Chico - action requested - ACCEPT DONATION AND
AUTRORIZE LETTER OF APPRECIATION.
7. Report to the Board - Pete and Donna Ielati - proposed negative
declaration with mitigation measures regarding environmental
impact and denied rezone from L-I {limited industrial} to M-I
{light industrial} on property located between Pacific Heights
Road and State Righway 70, approximately 1/4 mile south of
Georgia Pacific Way, identified as AP 3fi-51-20 and 3fi-51-44,
Oroville - action requested - INFORMATION ONLY,
8. David Wayne Allen, Represa -files a claim in the amount of
51,000,000.75 as a result of alleged injuries and damages
sustained on or about March 29 and March 30, 1988 while
incarcerated in the Butte County jail -action requested -
REJECT CLAIM AHD REFER TO COUNTY COUNSEL AND RISK MANAGEMENT.
9. Stephen K. Cougill, attorney at law - on behalf of Jeffrey
Arnold Payne, Laura Payne, Scott Payne and Mrs. Payne, files a
claim in the amount of $10,000,000 plus special damages as a
result of alleged injuries and damages sustained on or about
February 25, 1988 in an incident involving the Paradise Police
Department - action requested - REJECT CLAIM ANA REFER TO COUNTY
COUNSEL AND RISK MANAGEMENT.
Page 267
September 13, 1988
September 1~ 1988
I4. Joseph W. Campbell, attorney at law - on behalf of Connie Lewis,
files a claim in the amount of $75,000 plus special damages as a
result of alleged injuries and damages sustained an ar about
April 5, 1988 as a result of a fall on a sidewalk in Oroville -
action requested - REJECT CLAIM AND REFER TO COUNTY COUNSEL AND
RTSiC MANAGEMENT.
Il. Disposal of surplus property ~- four vehicles ifixed asset
numbers 417382, 018368, 17592, and 12894} are requested for
disposal as the items have either been wrecked and/or
cannalbalized for parts and are no longer serviceable -action
requested - AUTHORIZE DISPOSAL OF SURPLUS PROPERTY.
12. Surplus property - the Purchasing Department is preparing for an
auction of personal property belonging to the county that is
broken, warn out, ar without further use to county departments -
action requested -DECLARE LISTING OF ITEMS AS SURPLUS AND
AUTHORIZE THE PURCHASING OFFICER TO ENTER INTO A CONTRACT WITH
TTP HOLLOWAY AND ASSOCIATES, ADVERTISE AND CONDUCT THE SALE.
13. Contract change order no. 1 - Chico Library reroofing -the
change order in the increasing amount of $725 provides for the
replacing of perimeter flashing - action requested - AFPROVE THE
CHANGE ORDER.
14. Notice of completion - Chico Library reroofing - all work on
the project has been completed in accordance with the plans and
specifications -action requested - ACCEPT THE PROJECT AND
AUTHORIZE THE FILING OF THE NOTICE OF COMPLETION.
15. Public Works backhoe -- the department requests the replacement
of a backhoe in lieu of a dump truck approved in the budget -
action requested - AUTHORIZE PURCHASE OF FIXED ASSET ITEM.
16. Acceptance of vehicle - Sheriff's Department - the City of Chico
has approved the transfer of one of their surplus 198a police
sedans to the Sheriff's Department at no cost to be assigned to
the Butte Interagency Narcotics Task Force - action requested -
ACCEPT DONATION AND AUTHORIZE LETTER OF APPRECIATION.
17. County Clerk reader/printer - requested is the purchase of a
microfilm reader/printer at a cast of $3,705, less $2,000 trade-
in. Budget transfer B-2 has been prepared to provide the
necessary appropriation - action requested - AUTHORIZE PURCHASE
OF FIXED ASSET ITEM.
I8. Assessor software -requested is the purchase of a data base
program royalty free runtime far Foxbase at a cost of $381.
Budget transfer B-3 has been prepared to provide the necessary
appropriation -action requested -AUTHORIZE ACQUISITION OF
FIXED ASSET ITEM.
Page 258 September 13, 1988
September 131 1988
19. 3uvenile Hall clothes dryer - requested is the purchase of a
replacement clothes dryer at a cast of $403 which is deemed to
be more cost effective than repairing the existing dryer.
Budget transfer B-5 has been prepared to provide the necessary
appropriation -action requested - AUTHORIZE PURCHASE OF FIRED
ASSET ITEM.
20. Investments information report - the Treasurer-Tax Collector
submits the August 31, 1988 report in accordance with AB 1073
sad the County's investment policy - action requested -ACCEPT
FOR INFOR1iATI0H.
21. North County P~unicipal Court automation fund -the court.
pursuant to Government Code Section 25355, requests Board
authorization far the cier& of the court to accept gifts or fees
far the judges' speaking engagements ar marriage ceremonies to
be donated to the court`s automation fund - action requested -
APFROVE R$QU~ST.
22. Penalty abatement requests -change of ownership reports -
action requested - APPROVE REQUESTS AS RECOkIMEHDED BY THE CHIEF
ADMINISTRATIVE OFFICER.
23. Treasurer-Tax Collector/Central Collections fees - a resolution
has been prepared increasing restitution collection fees from
two percent to ten percent as authorized by Penal Code Section
1203.1 - action requested -ADOPT RESOLUTION 88-130 AHD
AUTHORIZE THE CHAIRMAN TO SIGH.
24. Public Health/Environmental Health fees - an ordinance has been
prepared which replaces the public health fee resolutions with a
fee ordinance increasing food establishment program fees to
reflect the actual cost of the service; increasing selected land
development fees to reflect the actual cast of the service; and
revising the late renewal penalty for the food establishment
iaspectian program to reflect a ten percent penalty {payable
prior to February 28) and a 50 percent penalty {payable after
February 28) - action requested - WAIVT THE FIRST READING OF THE
ORDINANCE.
25. Ordinance amending Butte County Cade Section 4-4 revising the
dog license fees in accordance with the direction provided by
the Board -action requested - WAIVE THE SECOND READING AHD
ADOPT ORDINANCE 2700.
25. Ordinance extending full peace officer powers to resident
deputies -action requested - WAIVE THE FIRST READING OF THE
ORDINANCE.
Page 269
September 13, 1988•
September 1~ 1988
27. Salary ordinance amendment - the ordinance implements staffing
changes as part of the budget hearing process - action
requested - WAIVE THE SECOND READING AND ADOPT ORDINANCE 2701.
28. Salary ordinance amendment - the ordinance involves moving a
typist clerk I/II t50 percent? in the Clerk's Office to the
Recorder's Office and spreading the secretary i position between
Elections, County Clerk and County Recorder budgets - action
requested - NAIVE THE FIRST READING OF THE ORDINANCE.
29. CSU, Chico work study agreement - an agreement has been prepared
with the California State University, Chico wherein qualified
students employed by the county in extra-help positions would
have their salaries subsidized by 50 percent - action
requested - APPROVE AGREEMENT AND AUTHORIZE THR PERSONNEL
DIRECTOR TO SIGN, SUBJECT TO APPROVAL BY COUNTY COUNSEL AND
AUDITOR.
30. California Youth Authority diagnostic study agreement -the
agreement provides for diagnostic studies of juveniles during
1988-89 in an amount not to exceed 525,000 - action requested -
ADOPT RESOLUTION 88-131 APPROVING THE AGREEMENT AND AUTHORIZE
THE CHAIRMAN TO SIGN.
31» Food coupon issuance rate increase - the annual cost study far
aver-the-counter distribution of food stamps by the U.S» Post
Office indicates a new rate o€ $2.15 which is an increase from
$2.01 per transaction - action requested - APPROVE AMENDMENT AT
ANEW RATE OF $2.15 AND AUTHORIZE T$E CHAIRMAN TO SIGN»
32. Pacific Union College agreement - the agreement covers the
assignment of nursing students to gain €ield experience with the
Butte County Department of Public Health - action requested -
APPROVE AGREEMENT AND AUTHORIZE THE CHAIRMAN TO SIGN.
33. Amendments -Program Beta joint powers agreement -amendments
have been prepared to the joint powers agreement with the
Association of California Hospital Districts Program Beta, which
is the self-insurance program providing professional liability
insurance for mental health, drug abuse, and alcohol service
programs -action requested - APPROVE AMENDMENTS AND AUTHORIZE
THE CHAIRMAN TO SIGN.
Page 270
September 13, 1988
September 13 1988
34. Paul and Jeanine Forberg lease agreements - agreements have been
prepared for the continuation of Mental Health Department leased
of€ice space in 1988-89 far the following sites and amounts:
Administrative Office - 584 Rio Linda Avenue, Chico - $1,785 per
month; Community Services Office - 584 Rio Linda Avenue, Suite
4, Chico - $320 per month; and H.E.R.E. Office - 584 Rio Lindo,
Suite 5, Chico - $320 per month - action requested -APPROVE
LEASE AGREEMENTS AND AUTHORIZE THE CHATRMAN TO SIGN SUBJECT TO
REVIEW BY COUNTY COUNSEL AND THE AUDITOR.
35. Ethan G. Harris, M.D. agreement - the agreement provides for
psychiatric services to the Mental Health Department during
1988-89 in the maximum amount of $30,250 - action requested -
APPROVE CONTRACT AND AUTHORIZE THE CHAIRMAN TO SIGN.
36. Victor Residential Services, Inc. agreement -the contract
provides for residential treatment services to mentally i11
adolescents during 1988-89 in the maximum amount of $132,280 -
action requested - APPROVE CONTRACT AND AUTHORIZE THE CHAIRMAN
TO SIGN SUBJECT TO APPROVAL BY COUNTY COUNSEL AND THE AUDITOR.
37. Family Services Association agreement - the agreement provides
for Mental Health Department patient's rights advocate services
to inform patients of their civil/legal rights during 1988-89 in
the maximum amount of $25,658 -action requested - APPROVE
AGREEMENT AND AUTHORIZE THE CHAIRMAN TO SIGN.
38. Family Services Association agreement - the agreement provides
for services to the homeless mentally ill population during
1988-89 in the maximum amount of $120,279 - action requested -
APPROVE AGREEMENT AND AUTHORIZE THE CHATRMAN TO SIGN.
39. 1988-89 dental disease prevention contract and Subcontract -
contract no. 88-94129 has been prepared with the State
Department of Health Services in the amount of $33,750 providing
for dental disease prevention services. A subcontract has been
prepared with the Northern Sacramento Valley Rural Health
Project covering participation by 7,500 children in kindergarten
through sixth grade - action requested - APPROVE CONTRACT WITH
THE STATE AND SUBCONTRACT WITH NORTHERN SACRAMENTO VALLRY RURAL
HEALTH PROJECT AND AUTHORIZE THE CHAIRMAN TO SIGN.
40. 1988-89 Women, Infants and Children agreement - contract no. 88-
94224 has been prepared with the State Department of Health
Services in the amount of $174,914 covering the period
October 1, 1988 through September 30, 1989. The W.I.C. Program
is 100 federally funded - action requested - APPROVE AGREEMENT
AND AUTHORIZE THE CHAIRMAN TO SIGN.
Page 271
September 13, 1988
September 13,E 1988
41. 1988-89 Alternative Test Site Program agreement - an agreement
has been prepared with the State Department of Health Services
in the amount of $33,320 covering continued participation of
HTLV-III antibody screening services in Butte County -action
requested -APPROVE AGREEMENT AND AUTHORIZE THE CHAIRMAN TO
SIGN.
42. Electronic monitoring agreement - an agreement has been prepared
with Innovative Security Systems, Inc. covering ten to 100
electronic monitoring units at $5 ger unit, The agreement is
from implementation date for a six month period of time which
can be continued beyond with provisions for a 30 day
cancellation notice - action requested -APPROVE LEASE
AGREEMENT AND AUTHORIZE THE CHAIRMAN TO SIGN.
43. 1987 Affirmative Action Assessment and 1988 Plan -action
requested - ACCEPT THE ASSESSMENT AND PLAN.
44. Advanced step hiring -personnel analyst -the Personnel
Director requests Board authorization to hire a personnel
analyst III/II/I position up to the "D" step of the range fvr
personnel analyst II or III -action requested -AUTHORIZE
ADVANCED STEP HIRING.
45. Certificate of appreciation - Herbert Perkins 4Gridley Memorial
Hall Committee) -action requested -ADOPT CERTIFICATE OF
APPRECIATION AND AUTHORIZE THE CHAIRMAN TO SIGN.
46. Salary ordinance amendment - an urgency ordinance has been
prepared to effect an orderly change in the Welfare Department
reorganization by creating positions needed on a temporary basis
until selection of candidates to establish the new organization
is accomplished - action requested - ADOPT ORDINANCE 2702 ON AN
URGENCY BASIS TO BECOME EFFECTIVE OCTOBER 1, 1988.
MOTION: MOVE TO APPROVE THE CONSENT AGENDA WITH REMOVAL OF ITEMS
3.29 AND 3.46.
M S
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y {Unanimously carried}
Regular Agenda
88-535 Items removed from the Consent Agenda for Board consideration and
action.
1. Advanced step hiring - physical therapist - Board authorization
is requested to hire physical therapists up to the "E" step of
the salary range and to also authorize use of a single full-time
position far two employees on a job sharing basis -action
requested -AUTHORIZE ADVANCED STEP HIRING AND JOB SHARING
ARRANGEMENT. (153} Page 272 September 13, 1988
September 13 G, 1988
MOTION: MOVE TO AUTHORIZE ADVANCED STEP HIRING AND JOB SHARING
ARRANGEMENT.
S M
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
88-536 Appointments - commissions and committees. (203) (CITIZEN'S ADVISORY
COMMITTEE - ENERGY, NATURAL RESOURCES, AND RECREATION ELEMENT TO THE
BUTTE COUNTY GENERAL PLAN. CONTINUED TO SEPTEMBER 27, 198$.)
88-537 Presentation of Plumas National Forest Land Use Plan. 1251)
[PRESENTATION BY DEWEY RISCTONT, DISTRICT RANGER, OROVTLLE RANGER
DTSTRTCT; MARY COULOMBE, FOREST SUPERVISOR, PLUMAS NATIONAL FOREST;
AND COURT BENNETT, FOREST PLANNER, PLUMAS NATIONAL FOREST; OF THE
FOREST PLAN AND FINAL ENVIRONMENTAL IMPACT STATEMENT. BOARD ADVISED
OF AN ADMINTSTRATTVE APFEAL PERIOD WHICH TS 45 DAYS FROM THE DATE OF
ISSUE OF THE PLAN ON AUGUST 26, 1988; AND THE PLAN IS AVAILABLE FOR
REVIEW TN THE OROVTLLE RANGER STATION, BUTTE COUNTY PLANNING
DEPARTMENT, AND BUTTE COUNTY LIBRARIES.}
88-538 Discussion of Butte County Association of Cities letter regarding
the proposed 1/2 cent i:~crease in sales tax. (1082) (MARY ANDREWS,
COUNCTLMEMBER, CITY OF CHICO, AND VICE CHAIR OF THE BUTTE COUNTY
ASSOCIATION OF CITIES. ON OCTOBER 6, 1988 AT 3:30 P.M. IN CHICO
THERE IS A MEETING OF THE BUTTE COUNTY ASSOCIATION OF CITIES WHICH
MEMBERS OF THIS BOARD CAN ATTEND.)
RECESS: 10:27 A.M.
RECONVENE: 10:45 A.M.
{NEIL MCCABE, DEPUTY COUNTY COUNSEL REPRESENTING SUSAN ROFF, COUNTY
COUNSEL.)
88-539 Ordinance repealing Chapter 39 of the Butte County Code entitled
"Acarine Mites" and enacting new Chapter 39 entitled "Haney Bee
Tracheal Mite Control" - action requested - WAIVE THE FIRST READING
OF THE ORDINANCE. (2674) (**00)
MOTION; MOVE TO WAIVE THE FIRST READING OF THE ORDINANCE, AND
SCHEDULE THE SECOND READING AND ADOPTION OF THE ORDINANCE
FOR THE SEPTEMBER 27, 1988 AGENDA.
S M
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
Page 273
September 13, 1988
September 1-3r 198$
PUBLIC HEARINGS ARID TIMED ITEMS
88-540 Public hearing - Butte County Planning Commission - rezone existing
"U" classification to reflect the policies of the County's General
Plan {proposed negative declaration regarding environmental impact},
property located on the north of the Southern Pacific Railroad
right-of-way, south of Morrow Lane, east of Highway 99 and west of
the Skyway, southeast of Chico. {570}
MOTION: MOVE TO FIND THAT THE REQUIREMENTS OF CEQA HAVE BEEN
COMPLETED AND CONSIDERED AND ADOPT A NEGATIVE DECLARATTQN;
FIND THAT THE PROPOSED ZONING DISTRICTS COMPLY WITH THE
BUTTE COUNTY GENERAL PLAN AND ALL OF TTS ELEMENTS AND THE
CHICO URBAN AREA LAND USE PLAN AS REQUIRED BY STATE LAW;
AND ADOPT ORDINANCE 2703 REZONING AREAS ONE THROUGH NINE AS
FOLLOWS: AREA 1 TO SR-1; AREA 2 TO RETAIN THE "U" ZONING;
AREA 3 TO SR-1; AREA 4 TO SR-1; AREA 5 TO SR-1; AREA 6 TO
P-Q; AREA 7 TO RETAIN THE "U" ZONING; AREA 8 TO FR-5; AND
AREA 9 TO L-I.
M S
VOTE: Z Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried}
88-541 Public hearing - Jane Southcott appeals the Planning Commission's
denial of a use permit to allow an additional dwelling an property
zoned AR-5 (agricultural-residential, five acre parcels} {Item
determined to be categorically exempt from environmental review},
property located on the northeast end of Patenaude Court. 114 mile
north nff of Circle Drive, identified as AP 036-14-0-057-0,
Oraville. {1095}
{SUPERVISOR DOLAN ABSENT}
MOTION: NOTE THAT THE PROJECT IS CATEGORICALLY EXEMPT FROM
ENVIRONMENTAL REVIEW; FIND THAT THE PROPOSED USE PERMIT
WOULD BE INJURIOUS TO OR UNREASONABLY INCOMPATIBLE WITH
SURROUNDING LAND USES BECAUSE TT TS NOT APPROPRIATE IN THIS
INSTANCE AND IT WOULD IMPAIR THE INTEGRITY OF THE ZONING IN
THE NEIGHBORHOOD TN WHICH THE LAND LIES, AND DOES NOT
COMPLY WITH THE STRICT INTENT OF THE AR-5 ZONING NOR THE
HEALTH DEPARTMENT'S CONDITIONS THAT EXIST AND IT CAN IMPAIR
THE VALUE OF THE AGRICULTURAL CROPS IN THE NEIGHBORHOOD;
AND DENY THE PROPOSED USE PERMIT TO ALLOW A SECOND DWELLING
UNIT ON AP 36-14-57.
S M
VOTE: l Y 2 AB 3 Y 4 Y 5 Y (Unanimously carried}
(SUPERVISOR DOLAN PRESENT)
Page 274
September 13. I988
September 1~ 1988
88-542 Public hearing - Butte Environmental Council appeal of the Advisory
Agency's approval of a mitigated negative declaration for the Webb
Homes, Greenfield tentative vesting subdivision map, 153 lots
located on the west side of the Esplanade, approximately 840 feet
south of Eaton Road, identified as AP 06-50-01, Chico area. (1695}
(*~*fl0}
MOTION: MOVE TO CONTINUE THIS HEARING OPEN TO SEPTEMBER 27, 1988 AT
2:30 P.M.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
Regular Agenda
88-543 Ordinance adding a section to the Butte County Code relating to cat
licensing -action requested - WAIVE THE SECOND READING AND ADOPT
THE ORDINANCE. (175)
MOTION: MOVE TO ABANDON AN ORDINANCE ADDING A SECTION TO THE BUTTE
COUNTY CODE RELATING TO CAT LICENSING.
S M
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried}
MOTION: MOVE THAT THE BOARD APPOINT A COMMITTEE AS PROPOSED BY
CITIZEN NANCY GEBERT REGARDING FUBLIC EDUCATION FOR SPAYING
AND NEUTERING OF ANIMALS TO COME FORitARD TO THE BOARD HITH
A PROPOSAL FOR CONSIDERATION, AND APPOINTMENT
RECOMMENDATIONS.
M S
VOTE: i Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried}
(DIRECTION TO DR. CHET WARD TO PREPARE A REPORT TO THE BOARD RHTCH
ADDRESSES THE HEALTH PROBLEMS RELATED TO CATS, T.E. RABIES.)
88-544 CLOSED SESSION: The Board recessed at 12:26 p.m. for lunch, to
reconvene at 1:45 in closed session as follows:
Clifford Ashby vs. County of Butte, No. 96485;
George Texeira vs, County of Butte, No. 91402,
Southern Pacific Transportation Co. vs. Board of
Equalization, et al.; County of Butte vs, Charles
Curtis Hayes, et al., No. 71708, Daniel F. Hayes,
et al. vs. Martin J, Nichols, No. 93610 pursuant to
Government Code Section 54956.9(a) actual
litigation; and Bruce Street, and City of Chico,
pursuant to Government Code Section 54956.9(b}
potential litigation,
Page 275
September 13, 1988
Seatember 131 1988
RECONVENE: The Board reconvened at 2:40 p.m. following a closed
session for the purpose of actual and potential
litigation. (NO ANNOUNCEMENTS.} {385}
(SUSAN ROFF, COUNTY COUNSEL, PRESENT.}
88-545 Salary ordinance amendment increasing the salary for the Director of
Environmental Health from range 27.5 to range 29.0 -action
requested -WAIVE THE SECOND READING AND ADOPT THE ORDINANCE.
(CONTINUED TO SEPTEMBER 20, 1988)
88-546 Report from Chief Administrative Officer on the legislature action
providing less state revenue than anticipated in the final budget -
action requested -DISCUSSION OF THE BUDGET STATUS AND POLICY
DIRECTION TO CHIEF ADMINISTRATIVE OFFICER ON THE BUDGET. (CONTINUED
TO SEPTEMBER 20, 1988)
88-547 Report from Chief Administrative Officer and County Counsel on
mandate waiver requirements of Trial Court Funding Act. (CONTINUED
TO SEPTEMBER 20, 19881
88-548 Policy discussion on the Nitrate Action Plan.
a. Status of Nitrate Action Plan Implementation Committee.
b. Funding mechanisms for implementation of Nitrate Action Plan.
(CONTINUED TO SEPTEMBER 20, 1988?
Public Hearings and Timed Items
88-549 Report to Board - preliminary flood insurance study and revised
floodplain maps. (427} {REPORT BY RAYMOND T. LENABURG OF THE FEDERAL
EMERGENCY MANAGEMENT AGENCY (FEMA} ON THE PRELIMINARY FLOOD
INSURANCE STUDY AND REVISED FLOODPLAIN MAPS FOR BUTTE COUNTY. MR.
PAUL MINASIANr ATTORNEY, OROVILLEr WHOSE FIRM REPRESENTS CLIENTS
INVOLVED IN EXTENSIVE LITIGATION AS A RESULT OF THE 198fi FLOOD IN
BUTTE CREEK, SUGGESTED THAT BEFORE THE COMMENCEMENT OF THE 90 DAY
APPEAL PERIOD, HE BE PROVIDED WITH A COPY OF ALL OF FEMA'S WORK
SHEETS, ASSUMPTIONS, AND BACK-UP DOCUMENTS; BASICALLY TO HAVE A
TRANSCRIPT FURNISHED. MR. MINASIAN, ACTING ON BEHALF OF THE BOARD
WITH NO COMPENSATION, WILL TAKE A LOOK AT IT AND REPORT TO THE
BOARD. FEMA REPRESENTATIVES INDICATED TO BILL CHEFF, PUBLIC WORKS
DIRECTOR, THEY WILL FURNISH THE COUNTY WITH ALL OF THEIR
COMPUTATIONS AND DATAr AND HE WILL IN TURN MAKE COPIES AVAILABLE TO
MR. MINASIAN. CYNTHIA McKENZIE, OF FEMA, STATED THAT THERE WILL BE
A REVISED PRELIMINARY MAP ISSUED, AND THERE WILL BE APPROXIMATELY
TWO MONTHS BEFORE THE COMMENCEMENT OF THE 90 DAY APPEAL PERIOD.}
Page 276
September 13, 1988
,~
September 13~ 1988
(SUPERVISOR FULTON ABSENT)
88-550 Resolution adopting the Chico Urban Area Street Facility Improvement
Fee Schedule pursuant to Butte County Code Section 10-33 -action
requested -ADOPT RESOLUTION AND AUTHORIZE THE CHAIRMAN TO SIGH.
(1100)
MOTION: MOVE TO ADOPT RESOLUTION 88-132 AND AUTHORIZE THE CHAIRMAN
TO SIGN.
M S
VOTE: l Y 2 Y 3 Y 4 N 5 AB (Motion carried}
88-551 George Suhrie -site plan review fora multi-family complex on
property zoned C-C (community commercial} located on the east side
of Skyway, approximately 850 feet north of Perry Road, identified as
AP 65-46-35, Paradise. (1260)
MOTION: MOVE TO DENY THE SITE PLAN AS SUBMITTED.
S M
VOTE: 1 Y 2 Y 3 Y 4 Y 5 AB (Unanimously carried}
88-552 Ordinance adding Chapter 41 to the Butte County code establishing
Code enforcement policies and procedures - action requested - WAIVE
THE SECOND READING AND ADOPT THE ORDINANCE. (1542)
MOTION: MOPE TO WAIVE THE SECOND READING AND ADOPT ORDINANCE 2704.
M S
VOTE: 1 Y 2 Y 3 Y 4 Y 5 AB (Unanimously carried}
(SUPERVISOR McLAUGHLIN ABSENT}
88-553 Closed hearing -Sierra West Surveying on behalf of Rick Brown,
appeals the Advisory Agency's denial of tentative parcel map
(proposed negative declaration with environmental mitigations
regarding environmental impact}; AP 64-62-39, three parcels,
property loCated,on the west side of Nimshew Road and bordered an
the west and south by Paschal Way, Paradise Pines area. (1584}
(CONTINUED TO SEPTEMBER 20, 1988}
88-554 Closed hearing -Sierra West Surveying an behalf of Marie Lee,
appeals the Advisory Agency's denial of tentative parcel map, AP 65-
08-23, three parcels, property located on the northwest corner of
Shawnee Lane and Skyway, DeSabla area. {1584) (CONTINUED TD
SEPTEMBER 20, 1988?
88-555 Report from Chief Administrative Officer and discussion of CSAC
proposed initiative. (1621) (SUPPDRT BROADENING OF THE LANGUAE IN
THE BALLOT MEASURE TO INCLUDE A PROPOSAL THAT SAYS PUBLIC
PROTECTION/CRIMINAL JUSTICE RATHER THAN SPECIFIC LANGUAGE, I,E.
JAILS.}
Page 277
September 13, 1988
Se t~embe_r 1~ 1988
Consent Agenda
SS-555 CSAC annual meeting resolutions - separate resolutions have been
prepared to be submitted for consideration at the 1988 County
Supervisors Association of California annual meeting and include:
Trial Court Funding; support for two initiatives: transfer of 1/2
cent of state sales tax to counties and require state funding for
increased levels of service and casts in programs prior to 1974;
Jail Black Grants; and state revenues in excess of appropriation
limits -action requested - APPROVE RESOLUTIONS AND AUTHORIZE THE
CHAIRMAN TO SIGN. {2260}
MOTION: APPROVE
IHITIATI'
COUNTIES
SERVICE
GRANTS;
LIMITS.
RESOLUTIONS FOR SUBMISSION TO CSAC FOR TW4
VES: TRANSFER OF 1/2 CENT OF STATE SALES TAR TO
AND REQUIRE STATE FUNDING FOR INCREASED LEVELS OF
AHD COSTS TN PROGRAMS PRIOR TO 1975; JAxL BLOCK
AHD STATE REVENUES IN EKCESS OF APPROPRIATION
S M
VOTE: 1 Y 2 Y 3 Y
MOTION: APPROVE RESOLUTION
TRIAL COURT FUNDING.
M S
VOTE: 1 Y 2 Y 3 Y
4 AH 5 AB {Unanimously carried}
FOR SUBMISSION TO CSAC IN SUPPORT OF
4 AH 5 AB {Unanimously carried?
58-557
Communications
Communications received and referred. {COPIES OF ALL COMMUNICATIONS
ARE AVAILABLE IN THE CLERK OF THE BOARD OFFICE.}
a. George Robison. attorney at law - on behalf of Hell Lind writes
in follow-up to a discussion held on August $, 1988 involving
Supervisor McLaughlin. {INFORMATION ONLY.)
b. Richard Wright, Chico -- writes forwarding information regarding
the proposed formation of a reclamation district for flood
control facilities along the Sacramento River. {INFORMATION
ONLY.)
c. John Eastwood Associates, Inc., San Francisco - writes
forwarding the use permit with certain qualifications far Forks
of the Butte Hydroelectric Project. {REFER TO PLANNING.}
d. Benjamin H. Bos, Chico - writes regarding arbitrary zoning of A-
2 or unclassified areas for 178 East 7th Avenue, Chico.
{REFERRED TO PLANNING FOR REPORT AND RECOMMENDATION.}
Page 278
September 13, 1988
_.
_ ~ ~~
September 1~ 1988
e. State Department of Health Services
County's request until February 1,
Hazardous Waste Management Plan,
expenditure report {AB 3209); and th,
April 30, 1989 to review and either
submittal. (INFORMATION ONLY.)
- writes granting Butte
1989 to submit the final
CSQA documentation, and
3t the department has until
approve or disapprove the
f. State Department of Mater Resources -writes forwarding
budgetary information and assessments far 1988-89 far levy
maintenance area no. 5 (zones 1, 2 and 5), maintenance area no.
7 (zones 1, 2 and 3), maintenance area no. 13 (zones 1, 2 and
3), and maintenance area no. 15 (zones 1, 2 and 3). (REFERRED
TO AUDITOR.}
88-558 Public comment. (PRESENTATIONS WILL BE LIMITED TO FIVE MINUTES.
THE BOARD OF' SUPERVISORS IS PROHI$ITED $X STATE LAW FROM TAKING
ACTION ON ANY ITEM PRESENTED IF IT IS NOT LISTED ON THE AGENDA.)
(NONE) {2804)
88-559 CLOSED SESSION: The Board recessed at
session on actual litiga
Code Section 54956.9(a),
of Butte, No. 96485,
pursuant to Government
Bruce Street property.
4:10 p.m. for a closed
lion pursuant to Government
Clifford Ashby vs. County
and potential litigation
Code Section 54956.9(b),
RECONVENE: The Board reconvened at 4:35 p.m. following a closed
session for the purpose of actual and potential
litigation. (NO ANNOUNCEMENTS)
RECESS: There being nothing further before the Board at this time,
the meeting was adjourned at 4:36 p.m. to reconvene on
Tuesday, September 20, 1988 at 9:00 a.m.
Chairman, Board of Sup visors
ATTEST:
MARTIN J. NICHOLS, Chief Administrative
Officer and Clerk the Board
By:
Page 279
September 13, 1988