HomeMy WebLinkAboutM100786~.`~i
October 7, 1986
Call to order - Soard of Supervisors room, County Administration
Building, 25;County Center Drive, Orovil7e. Present: Supervisors Dolan,.
Fulton, Mclnirurf, Wheeler and Chairman McLaughlin; Martin J. NichoTs~,;.
chief administrative officer; Harvey WaTTace, county counsel; and
Rubye Townsley, deputy clerk of the Board.
Pledge of allegiance to the Flag of the United States of America.
8b-538 Additional items from Soard members to be addressed at the end of the
day.
T. Supervisor Wheeler - (1} report on water meeting and a proposal
for the next meeting, (2} consideration of placing discussion of
Propositions 6fi and 61 on the agenda of October 21.
86-539 Items added to the Consent Agenda:
1. Joseph Burrell - appeals the Planning Commission's denial of
Donna Mooberry/Joseph Burrell &eneral~Plan amendment {item on which
a draft environmental impact report has been prepared) from orchard
and field craps to agricultural residential an property zoned A-5
(agricultural -- five acre parcels} located on both sides of
Muir Avenue south of Bell Road, west of Alamo Avenue, north and
east of the Southern Pacific Railroad and north of East Avenue,
Chico (File 84-45}.
2. Resolution recognizing efforts of school districts in making drug
and alochol abuse prevention a high priority.
3. Water Commissioner travel - authorization is requested authorizing
the travel of Water Commissioner Steve Casey to attend the University
of California Cooperative Extension Water Symposium held in AsiTomar,
September 30 - October 2, 1986.
4. Jim Rackerby, personnel director - submits his resignation effective
December 30, 1986 and provides a recruitment plan to fill this
vacancy. (TO BE ADDED AS A COMMUI~ICATTONS ITEM.}
Page 40
85-540 items removed from the Consent Agenda for Board consideration and action:
1. Appointments to Industrial Development Authority.
2. 1985-8fi Ei Medio CDBC Program - target area expansion and
implementation revisions.
3. Sheriff's Department - acceptance of asset seizures - pursuant
to the equitable sharing decision approved by the Eastern District
of the United States District Court, the Sheriff's Department
requests that the Board accept $4,508 in money seized during an
investigation far use as the county's contribution to the operating
expenses of the Butte interagency Narcotics Task Force and that
a 1977 Ford pickup truck be accepted as an undercover vehicle
to be used by the Marijuana Eradication Unit.
4. Salary ordinance amendment - the ordinance adds new positions
approved in the budget to current classifications and provides
for flexible staffing and retitling of several positions.
5. Ordinance amending Section 24-29 of the Butte County Code regarding
the Clerk of the Board of Supervisors setting public hearings.
6. Ordinance amending Section 24-48 of the Butte County Code regarding
the Clerk of the Board of Supervisors setting public hearings.
7. Ordinance amending Section 24-52 of the Butte County Cade regarding
the Clerk of the Board of Supervisors setting public hearings.
8. l~ew telephone service contract - a contract has been developed
with Pacific Beil to supply, install ands maintain county telephone
lines for ten years at a cost of $21 per line per month, including
an option to prepay, prior to January 5, 7987, the entire ten
year cost at a substantially reduced amount of $1,289,209.
9. Amendment lio. 1 - Blain-Hurdman contract - an amendment has been
prepared to the contract providing data processing technical advisor
services and provides for the appropriation of an additional
$10,000. Budget transfer B-13 has been prepared to provide the
necessary appropriation.
10. Amendment No. 2 - Wagerman and Associates agreement - an amendment
has been prepared to the contract providing for professional
services for specified legislative/regulatory services in 7986-87.
71. Janitorial services - CAIN Program - a report has been prepared
identifying the janitorial needs at the office space located at
5th and Mitchell for the GAIN Program.
Page 4l
October 7, 1986
8b- 540
(Cont'd} 12. Advance step hiring - the Sheriff`s Department - the Sheriff
requests advance step hiring at the "C" step of the salary range
for a deputy sheriff applicant in accordance with Section 12.13
of the Personnel Rules.
13. Advance step hiring- building inspector - the Public Works Director
requests advance step hiring at the "E" step of the salary range
for a building inspector IiI applicant pursuant to Section 12.13
of the Personnel Rules.
14. Planning Commissioner's travel request - Board authorization is
requested for funding for Commissioner Lambert to attend the
Northern California Planning Commissioner Conference in Monterey
October 23-25, 1986 in the approximate amount of $565.
86- 541 Consent Arc e,~nda
(132}
1. Approval of minutes. APPROVED MINUTES OF SEPTEMBER 16 AND
SEPTEMBER 23, 1986.
2. Budget transfers, APPROVED BUDGET TRANSFERS B-12, B-13 AND B-14.
3. Roper Associates - on behalf of Russell Dodge, appeal the Advisory
Agency's denial of tentative parcel map (proposed mitigated negative
declaration regarding environmental impact}, AP 42-13-17, two
parcels, property located on the east side of Muir Avenue,
approximately 1600 feet north of its intersection with Oak Way,
Chico area. SET HEARING DATE FOR OCTOBER 21, 1986 AT 2:00 P.M.
4. A. C. Bruhns - appeals the PTanning Commission's denial of variance
(proposed negative declaration regarding environmental impact}
to minimum lot size to allow two 4.63-acre parcels in a TM-5 (timber
mountain - five acre minimum parcel) zone, property located on
Hupp Coutolenc Road, approximately 2/3 mile. east of the Skyway,
identified as AP 63-48-02, DeSabla area, north of Paradise. SET
HEARING DATE FOR OCTOBER 21, 7986 AT 2:45 P.M.
5. Butte County Planning Commission - General Plan amendment (proposed
negative declaration regarding environmental impact} from commercial
to law density residential on property zoned RT-1 {minimum density
residential mobile home) located on the northeast corner of Ke71y
Ridge Road and Royal Oaks Drive, identified as AP 69-01-36 and
69-01-25, Ke71y Ridge, Oroville. SET HEARING DATE FOR OCTOBER 21,
1986 AT 3:00 P.M.
Page 42
October 7, 1986
86-541
{Cont'd) 6. Final map - Couto1enc Canyon Estates Unit I - the developer has
provided a cash deposit to guarantee construction of improvements
on the four-Tot subdivision, AP 58-10-118, property located on
the west side of Couto1enc Road, 800 feet north of Lucretia Road,
Magalia area. APPROVED THE FINAL MAP; ACCEPTED EASEMENTS AS
GRANTED IN ITEMS A RND B OF THE OWNER`S CERTIFICATE ON BEHALF
OF THE PUBLIC; AND AUTHORIZED THE CHAIRMAN TO SIGN THE SUBDIVISION
AGREEMENT.
7. Report to the Board - Ran and Marianne Dreisbach - denied rezone
(item on which environmental documents have not been completed)
from U (unclassified} to FR-3 (foothill recreational - three acre
parcels} on 10 acres, more or less, and TPZ-160 (timber preserve
zone - 160 acre parcels} on 120 acres; and denied General Plan
amendment from timber mountain (40 acre minimum) to agricultural
residential on l0 acres more or less, for property located on
the west side of La Porte Road, approximately one mile past Clipper
Mills General Stare, identified as AP 73-21-35, Clipper Mills.
INFORMATION ONLY.
8. Report to the Board - Donna Mooberry/Joe Burrell, et a1 -- denied
General Plan amendment (item on which a draft environmental impact
report has been prepared) from orchard and field crops to
agricultural residential on property zoned A-5 (agricultural -
vie acre parcels} located on both sides of Muir Avenue, south
of Bell Road, west of Aiamo Avenue, north and east of the Southern
Pacific Railroad and north of East Avenue, Chico (File 84-45).
INFORMATION ONLY.
9. Town of Paradise annexation (Zumwalt) - tax split - the Town
of Paradise has approved an annexation for a residential area
of 10.4 acres. In order to permit the annexation, the county
must agree to a property tax split 'with the town of 56% Town of
Paradise, 44% county. ADOPTED RESOLUTION 86-126 APPROVING THE
PROPERTY TAX SPLIT WITH THE TOWN OF PARADISE.
l0. Town of Paradise/Paradise Irrigation District annexation {williams,
Morrison, McCombs) - tax split - the Paradise Irrigation District
has approved a simultaneous annexation to the district and the
Town of Paradise for a residential area of approximately l0 acres.
In order to permit this annexation, the county must agree to a
property tax split with the town of 56% Town of Paradise, 44%
county, and must sign an agreement that the district will not
receive property tax for the proposed annexation. ADOPTED
RESOLUTION 86-127 APPROVING THE PROPERTY TAX SPLIT WITH THE TOWN
OF PARADISE AND ADOPTED A RESOLUTION 86-128 APPROYING THE PROPERTY
TAX EXCHANGE AGREEMENT FOR NO ADDITIONAL PROPERTY TAX TO THE
PARADISE IRRIGATION DISTRICT.
Page 43
October 7, 1986
86- 541
(Cont'd) T1. David H. Rush, attorney at law - on behalf of the City of Oror-ille,
files a claim for indemnity in the matter Frazier vs. City of
Oroville, et al (Butte County Superior Court Case No. 90396).
REJECTED CLAIM AND REFERRED TO COUNTY COUNSEL AND RISK MANAGEMENT.
12. Peter F. Samuel, attorney at law - on behalf of Jimmie Calvin Jones,
files a claim in the amount of $100,000 for alleged injuries and
damages caused on ar about March 4, 1986 involving the Probation
Department. REJECTED CLAIM AND REFERRED TO COUNTY COUNSEL AND
RISK MANAGEMENT.
13. George Robison, attorney at law - on behalf of the Estate of
Kathleen NlcPartland, files a claim in the amount of $5,000 as
a result of alleged damages sustained on or about August 23, 1986
involving the storage of the decedent's property. REJECTED CLAIM
AND REFERRED TO COUNTY COUNSEL AND RISK MANAGEMENT.
14. community Action Agency minor home repair agreement - program
extension - the agreement with the Community Action Agency far
the Minor Home Repair Program had a termination date of
September 30, 7986, because of the completion date shown in the
CDBF grant agreement. The Department of Housing and Community
Development has given approval to perform work beyond that deadline
and an amendment has been prepared to the CAA agreement extending
the termination date to December 37, 1986. APPROVED AMENDMENT
TO AGREEMENT WITH CAA AND AUTHORIZED THE CHAIRMAN TO SIGN.
15. 1986-87 SB 325 project funding claim - the claim requests the
Butte County Association of Governments to approve $7,181,565
in SB 325 funds for road and bridge maintenance as included in
the approved county budget. APPROVED THE PROJECT FUNDING CLAIM
AND AUTHORIZED THE DIRECTOR OF PUBLIC WORKS TO SIGN THE CLAI~+i.
16. Sale of a portion of county property to the state - the county
awns a one-foot no-access strip adjoining existing Highway 99E
right-of-way and as part of the widening of Highway 99E at Turner
Avenue, the State of California desires to purchase a portion
of the one--foot no-access strip. ADOPTED RESOLUTION 86-129
- AUTHORIZING THE SALE OF COUNTY PROPERTY, AUTHORIZED THE CHAIRMAN
TO SIGN, APPROVED RIGHT-OF-WAY CONTRACT AND AUTHORIZED THE CHAIRMAN
TO SIGN AND AUTHORIZED THE CHAIRMAN TO SIGN THE GRANT DEED.
17. Surplus property auction - the Purchasing Officer submits a listing
of equipment belonging to the county that is broken, 4~~orn-out,
or without further use to various county operating department
to be sold at public auction on October 18 or October 25, 1986.
DECLARE ITEMS AS SURPLUS AS INDICATED IN THE PURCHASING OFFICER`S
SEPTEMBER 30, 1986 MEMORANDUM; AUTHORIZED THE PURCHASING DEPARTMENT
TO SELL THE ITEMS AT PUBLIC AUCTION; RND AUTHORIZED THE PURCHASING
OFFICER TO ENTER INTO A CONTRACT WITH TIP HALLOWAY AND ASSOCIATES
TO ADVERTISE AND CONDUCT THE SALE.
Page 44
October 7, 1986
86-541
(Cont'd} 78. Clerk of the Soard - microcomputer - requested is microcomputer,
peripheral equipment, operating system and software to support
the activities of the Clerk of the Board of Supervisors at a cast
of $4,798. Budget transfer 614 has been prepared to provide
the necessary appropriation. AUTHORIZED PURCHASE OF EQUIPh1ENT.
19. Sheriff`s Department -- acceptance of typewriters - the Sheriff
requests the Board accept into the county's inventory as county
property l2 Swintec typewriters which have been leased and are
now paid off. ACCEPTED TYPEIdRITERS AND DIRECTED THAT THEY BE
PLACED UPON THE FIXED ASSET REGISTER.
20. Juvenile Hal] billing rate - the Auditor has completed computation
of the Juvenile Ha17 billing rate as prescribed by Welfare and
Institutions Code Section 904. ADOPTED R NEW DAILY JUVENILE
HALL RATE OF $49.58 TO BE EFFECTIVE NOUEh16ER 1, 1986.
21. Foster care rates - the State Department of Social Services has
given notification that the cost~of--living adjustment for foster
care rates is i%, effective July 1, 1986. APPROVED FOSTER CARE
RATES AS SET FORTH IN THE WELFARE DIRECTOR'S MEh10RANDUM OF
SEPTEMBER 29, 1986.
22. Revised food inspection program fees - the Health Officer submits
a revised resolution providing for a 70% increase over the 1986
yearly food establishment inspection fees. RESCINDED RESOLUTION
8fi-93 AND ADOPTED RESOLUTION 86-730 AT 10% ABOVE 7986 FEES AND
AUTHORIZED THE CHAIRMAN TQ SIGN.
23. Penalty abatement requests - change of ownership reports. APPROVED
THE FOLLOWING: MARY E. SWAFFORD, RP 035-08-4-O11-0 AND GL£NMOOR£
EXCHANGE TRUST, AP 035T05-0--099-0; AND DENIED THE FOLLOWING PENALTY
ABATEMENT REQUESTS AS RECOMMENDED BY CHIEF ADMINISTRATIVE OFFICER:
MR. AND I+iRS. V£RNON M. BROCKMAN, AP 048-31-0-058-0 AND MR. AND
MRS. RUSSELL A. BEAVER, AP 053-10-3-030-0.
24. Resolution declaring October 1986 as National Crime Prevention
Month. ADOPTED RESOLUTION 86-731 AND AUTHORIZED THE CHAIRMAN
TO SIGPd.
25. Speed limits on various county roads
Works has completed traffic studies
recommends that they be speed zoned to
Stump Drive (from Crestridge Road to
Mar o Lane (from Stum Drive to Wort
Beck Lane from Stum Drive to Oak
- the Department of Public
on various county roads and
25 miles per hour:
Farley Street};
h end),
Knoll Wa_v);
Dune Court from Stum Da ve to nortn
Oak Knoll Way from htargo Lane to east
IdAIVED THE SECOND READING AND ADOPTED ORD
Page 45
and
2553.
October 7, 1986
86-541
(Cont'd)
26. Ordinance raising speed limit to 35 miles per hour on Lower
~lyandotte Road. WAIVED THE SECOND READING AND ADOPTED
ORDINANCE 2554.
27. Ordinance amending Butte County Code Section 4-3 relating to the
definition of dog kennels. WAIVED THE FIRST READING OF THE
ORDINANCE.
28. Ordinance amending Section 21-52 of the Butte County Code relative
to the appointment and term of office of Assessment Appeals Board.
WAIVED THE FIRST READING OF THE ORDINANCE.
29. Ordinance amending Section 4-1.4 of the Butte County Code relative
to animal violations. WAIVED THE SECOND READING AND ADOPTED
ORDINANCE 2555.
30. Ordinance amending Chapter 21 of the Butte County Code by adding
Sections 21-1 .1 and 21-1.2 relative to taxation. WAIVED THE
SECOND READING AND ADOPTED ORDINANCE 2556.
31. Radio communication equipment maintenance contract - bids have
been opened for the annual maintenance contract for all radio
communications equipment awned by the county with the low bidder
being Butte Communications in the amount of $18,851.40. APPROVED
CONTRACT FOR RADIO MAINTENANCE SERVICE WITH BUTTE COMFfUNICATIONS
AND AUTHORIZED THE CHAIRMAN TO SIGN.
32. 1986-87 Alcohol and Drug Plans - the Mental Health Director submits
the 1986-87 Final Alcohol and Drug Plans. APPROVED THE PLANS
AND AUTHORIZED STAFF TO FORWARD TO THE STATE DEPARTMENT OF ALCOHOL
AND DRUG PROGRAMS.
33. Chico Community Hospital contract - the contract provides for
emergency room and ambulance services to Mental Health clients
in the maximum amount of $41,760 covering the period July 1, 1986
through June 30, 1987. APPROVED CONTRACT AND AUTHORIZED THE
CHAIRMAN TO SIGN.
34. Crestwood Manor, Modesto, contract - the contract provides for
residential treatment services to clients referred by Butte County
Mental Health in the maximum amount of $27,375 covering the period
July 1, 1986 through dune 30, 1987. APPROVED CONTRACT AND
AUTHORIZED THE CHAIRMAN TO SIGN.
35. Work Training Center for the Handicapped, Inc. contract - the
contract provides for vocational rehabilitation services to Mental
Health clients in the maximum amount of $55,513 covering the period
July 1, 1986 through June 30, 1987. APPROVED CONTRACT AND
AUTHORIZED THE CHAIRMAN TO SIGN.
Page 46
October 7, 1986
86- 541
(Cont'd) 36. Work Training Center for the Handicapped, Inc. contract - the
contract provides for socialization and recreation services to
Mental Health clients in the maximum amount of $106,101 covering
the period July 7, 1986 though June 30, 1987. APPROVED CONTRACT
AND AUTHORIZED THE CHAIRMAN TO SIGN.
37. 1986-87 Women, Infants and Children agreement - agreement
No. 86-89465 has been prepared with the State Department of Health
Services in the amount of $133,466 far the supplemental food program
for Women, Infants and Children (WIC} covering the period October 1,
7986 though September 30, 1987. APPROVED AGREEMENT AND AUTHORIZED
THE CHAIRMAN TO SIGN.
38. Infant mortality study application - an application has been
prepared to the State Department of Health Services for a project
which will evaluate each neo-natal, perinatal and fetal death
occurring in Butte County during calendar year T986. The
application is 100% state funded in the amount of $16,281. APPROVED
SUBMISSION OF THE APPLICATION AND AUTHORIZED THE CHAIRMAN TO SIGN.
39. Child Protective Services counseling agreements - CPS counseling
agreements for 1986-87 have been prepared with the following
providers in the amounts as follows: Betty Janiak, $3,500; and
Heather McCloud, $5,000. APPROVED CONTRACTS AND AUTHORIZED THE
CHAIRMAN TO SIGN.
40. Advance step hiring - Mental Health Department - the Mental Health
Director requests advance step hiring at the "E" step of the salary
range for a supervising mental health clinician applicant pursuant
to Section 12.13 of the Personnel Rules. AUTHORIZED ADVANCE
STEP HIRING.
41. Supervisor elect orientation - Supervisor Elect Karen Yercruse
has submitted a request to be allowed to attend the Supervisor
Elect Orientation November 18-21, 1986 in conjunction with the
Annual CSRC Conference in Los Angeles. APPROVED TRAVEL REQUEST
PURSUANT TO BUTTE COUNTY CODE SECTION 2-19.5.
42. Consideration of Board of Supervisors comments to the 1985-86
~ina1 Report of the Butte County Grand Jury. APPROVED COMMENTS
AS PROPOSED.
43. Communications.
a. Pauline W. Atkinson, Monte Sereno - submits information
concerning the progress being made for the Atkinson-Newman
boundary line modification, AP 72-26-67. ACCEPTED FOR
INFORMATION AND REFERRED TO PUBLIC WORKS.
Page 47
October 7, 1986
86-541
(Cont'd) 43. Communications. (Cont`d}
b. Gunter Ranft, Oroville - writes forwarding information and
requests an opportunity to speak to the Board concerning the
rezone agreement and restrictions required of the Public Works
Department. REFERRED TO PLANNING AND PUBLIC WORKS FOR A
REPORT AND RECOMMENDATION AND SET FOR DISCUSSION ON THE
OCTOBER 27, T986 REGULAR AGENDA.
c. James D. Driscoll, assembly chief clerk - forwards a copy
of ACR 139 relative to oil well abandonment and urging local
governments to refrain from requiring the abandonment of oil
wells which had been shut down due to depressed oil prices.
ACCEPTED FOR INFORMATION.
d. Jim Rackerby, personnel director - submits his resignation
effective December 30, 1986 and provides a recruitment plan
to fill this vacancy. ACCEPTED RESIGNATION AND SET RECRUITMENT
PLAN FOR DISCUSSION ON OCTOBER 21, 1986.
49. Joseph Burrell - appeals the Planning Commission's denial of
Donna Mooberry/Joseph Burrell General Plan amendment (item on
which a draft environmental impact report has been prepared) from
orchard and field crops to agricultural residential on property
zoned A-5 (agricultural - five acre parcels) located on both
sides of Muir Avenue south of Be71 Road, west of Alamo Avenue,
north and east of the Southern Pacific Railroad and north of
East Avenue, Chico (File 84-45}. SET HEARING DATE FOR OCTOBER 21,
1986 AT 3:30 P.M.
45. Resolution recognizing efforts of school districts in making drug
and alochol abuse prevention a high priority. ADOPTED
RESOLI!TION 86--132.
46. Water Commissioner travel - authorization is requested authorizing
the travel of Water Commissioner Steve Casey to attend the
University of California Cooperative Extension Water Symposium
held in Asilomar, September 30 - October 2, 1986. AUTHORIZED
TRAVEL REIMBURSEMENT.
Motion: APPROVED CONSENT AGENDA.
S M
Vote: 1 Y 2 Y 3 Y 4 Y
5 Y (Unanimously carried)
Page 48
October 7, 1986
Regular Agenda
86-540 Appointments to Industrial Development Authority. (CONTINUED TO
{148) OCTOBER 21, 1986.}
86-541 1985-86 E1 Medio CDBG Program - target area expansion and implementation
(247} revisions.
Motion: AUTHORIZED THE PUBLIC WORKS DIRECTOR TO FORWARD A LETTER TO
THE STATE DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT
REQUESTING AN AMENDMENT OF THE 1985-86 PROGRAM TO EXPAND THE
TARGET AREA AND MODIFY THE IMPLEMENTATION SCHEDULE.
M S
Vote: l Y 2 Y 3 Y 4 Y 5 Y {Unanimously carried)
(SUPERVISOR WHEELER ASSENT AT THIS TIME.}
86-542 Sheriff's Department - acceptance of asset seizures - pursuant to
(346) the equitable sharing decision approved by the Eastern District of
the United States District Court, the Sheriff's Department requests
that the Board accept $4,508 in money seized during an investigation
for use as the county's contribution to the operating expenses of the
Butte Interagency Narcotics Task Force and that a 1977 Ford pickup
truck be accepted as an undercover vehicle to be used by the Marijuana
Eradication Unit.
Motion: APPROVED REQUEST.
~~~ S
Vote: l Y 2 Y 3 AS 4 Y 5 Y (Motion carried)
86-543 Salary ordinance amendment - the ordinance adds new positions approved
(454} in the budget to current classifications and provides for flexible
staffing and retitling of several positions.
(SUPERVISOR WHEELER PRESENT AT THIS TIME.)
Motion: AMENDED ORDINANCE TO DELETE ITEM J, JUVENILE HALL COUNSELORS;
AMENDED ITEM 10 TO CHANGE THE SERGEANT POSITION TO AN
INVESTIGATOR IN THE DISTRICT ATTORNEY'S OFFICE; AND WAIVED
THE FIRST READING OF THE ORDINANCE AS AMENDED.
S M
Vate: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
Page 49
October 7, 1986
86-544 1. Ordinance amending Section 24-29 of the Butte County Code regarding
(542) the Clerk of the Board of Supervisors setting public hearings.
2. Ordinance amending Section 24-48 of the Butte County Code regarding
the Clerk of the Board of Supervisors setting public hearings_
3. Ordinance amending Section 24-52 of the Butte County Code regarding
the Clerk of the Board of Supervisors setting public hearings.
(CONTINUED TO OCTOBER 21, 1986 IN ORDER FOR COUNSEL TO RESEARCH THE
POSSIBILITY OF UNIFORM APPEAL PERIODS.}
86~-545 I~ew telephone service contract - a contract has been developed with
(603) Pacific Bell to supply, install and maintain county telephone lines
for ten years at a cast of $21 per line per month, including an option
to prepay, prior to January 5, 1987, the entire ten year-cost at a
substantia1Ty reduced amount.of $1,289,209.
Motion: APPROVED CONTRACT WITH PACIFIC BELL AND AUTHORIZED THE CHAIRMAN
TO SIGN.
M S
Vote: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried}
86-546 Amendment No. l - Main-Hurdman contract - an amendment has been prepared
(704) to the contract providing data processing technical advisor services
and provides for the appropriation of an additional $10,000. Budget
transfer 8-13 has 'been prepared to provide the necessary appropriation.
Motion: APPROVED CONTRACT AMENDP~ENT AND AUTHORIZED THE CHAIRMAN TO
SIGN.
M S
Vote: 7 Y 2 Y 3 Y 4 Y 5 Y {Unanimously carried)
86-547 Amendment No. 2 - Mfagerman and Associates agreement - an amendment
(752) has been prepared to the contract providing for professional services
for specified legislative/regulatory services in 1986-87.
Motion: APPROVED CONTRACT AMENDMENT AND AUTHORIZED THE CHAIRMAN TO
SIGN.
M S
Vote: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
86-548 Janitorial services - GAIN Program - a report has been prepared
(778) identifying the janitorial needs at the office space located at 5th
and Mitchell far the GRIN Program.
Motion: MADE A FINDING THAT THE FACILITY IS REMOTE FROM COUNTY'S PRIMARY
FACILITY AND AUTHORIZED PURCHASING DEPARTMENT TO CONTRACT
FOR JANITORIAL SERVICES.
Page... 50
October 7, 1986
86-548
(Cont'd) M S
Vote: T Y 2 N 3 Y 4 Y 5 Y (Motion carried}
86-549 Advance step hiring - the Sheriff's Department - the Sheriff requests
(946) advance step hiring at the "C" step of the salary range for a deputy
sheriff applicant in accordance with Section 12.73 of the Personnel
Rules.
Notion: AUTHORIZED ADVANCE STEP HIRING.
Vote: T Y 2 Y
$6-550 Advance step hiring -
(lOl4) requests advance step
a building inspector
Personnel Rules.
S M
3 Y 4 Y 5 Y (Unanimously carried}
building inspector - the Public Works Director
hiring at the "E" step of the salary range for
III applicant pursuant to Section 12.13 of the
Notion: AUTHORIZED ADVANCE STEP HTRING.
S M
Vote: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried}
8fi-551 Planning Commissioner's travel request - Board authorization is requested
(1097} for funding for Commissioner Lambert to attend the Northern California
Planning Commissioner Conference in Monterey October 23-25, 1986 in
the approximate amount of $565.
Motion: AUTHORIZED TRAVEL.
S M
Vote: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried}
(SUPERVISOR WHEELER REQUESTED THAT THE RESOLUTION REGARDING TRAVEL
BE A DISCUSSION ITEM ON THE AGENDA FOR OCTOBER 21, 1986.}
86-552 Report of the Paradise Area Taste Force on wastewater Management.
(1152)
~1otion: DIRECTED A MEETING OF THE TASK FORCE, REPRESENTATIVES OF THE
PLANNING DEPARTMENT, PLANNING COMMISSION, AND BOARD OF
SUPERVISORS TO DEVELOP A JOINT STATEMENT OF RECOMMENDATIONS
LEADING TO BOARD ACTION ADOPTING AND IMPLEMENTING AN ORDINANCE
FOR 5EWAGE DISPOSAL STANDARD CHANGES IN THE UPPER RIDGE AREA.
APPOINTED SUPERVISOR FULTON, FROM THE BOARD, AND GEORGE PEABODY,
FROM THE PLANNING COMMISSION, AS PARTICIPANTS.
s M
Uote: i Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
Page 57
October 7, 1986
86-553 Consideration of request to issue Request for Proposal for underwriter
(1280} and bond counsel services for potential consolidation issue to finance
telephone equipment, computer equipment, and advance refunding of library
bonds.
Motion: APPROVED REQUEST.
M S
Vote: 7 Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
86-554 Report from Chief Administrative Officer on Proposition bl - Gann
(1556} Initiative.
Motion: ADOPTED RESOLUTION 86-133 OPPOSING PROPOSITION 61.
r~ s
Vote: l Y 2 Y 3 Y 4 Y 5 Y {Unanimously carried)
Recess: 10:17 a.m.
Reconvene; 10:37 a.m.
86--555 Discussion by Sheriff Elect Leroy Wood on funding priorities far the
(1981} Sheriff's Department.
Motion: APPROVED BUDGET TRANSFER THAT WOULD MOVE $14,424 FROM EXISTING
APPROPRIATIONS OF THE SHERIFF`S DEPARTPIENT TO FUND THE CRIME
PREVENTION PROGRAM FOR THE BALANCE OF THE YEAR.
~1 S
Vote: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
86-556 Report from Director of Public Works regarding the request for
(2797) installation of additional street lighting for County Service Area 17
{South Oroviile lighting}.
Motion: AUTHORIZED PUBLIC WORKS TO PROCEED WITH THE INSTALLATION OF
LIGHTS.
M S
Vote: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried}
86-557 Report to the Board from the Planning Commission regarding development
(2338) standards. (from 4/22/86}
Motion: SET ~EEARING DATE FOR NOVEMBER 4, ]986 AT 2:00 P.M.
S M
Vote: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried}
86-558 Discussion of policy regarding development agreements and related
(2418} subdivision policies. (Supervisor Mclnturf) (NO ACTION TRKEN.)
~~
00 Page 52
October 7, 1986
Recess: The Board recessed at 11:05 a.m. to convene as the Air Pollution
Control Board.
Reconvene: The Board reconvened at 11:12 a.m.
86-559 Policy proposal - direct that a procedure be developed whereby there
{408) wi71 be early consultation with identifiable neighborhood associations
on proposed General Plan changes, zoning changes and proposed parcel
and subdivision maps. {Supervisor Dolan)
Motion: DIRECTED SUPERVISOR DOLRN TO WORK WITH STAFF TO DEVELOP
PROCEDURE.
S P~1
Vote: l Y 2 Y 3 N 4 Y 5 Y (Motion carried}
86-560 Federal Land Bank - petition for cancellation of Land Canser~ation
(1237} Act agreement (proposed negative declaration regarding environmental
impact) for property located on the north side of Dayton West Road,
approximately one mile west of Dayton-Dtarham Highway, identified as
a portion or AP 39-29-05, Dayton. (ASSESSOR'S OFFICE HAS CERTIFIED
THE CANCELLATION FEE TN THE RMOUNT OF $7181.37}
Motion: FOUND THAT THE CANCELLATION TS FOR LAND ON 4dHICH A NOTICE
OF NONRENEWAL HAS BEEN SERVED PURSUANT TO SECTION 51245; THE
CANCELLATION IS NOT LIKELY TO RESULT IN THE REMOUAL OF ADJACENT
LANDS FROM AGRICULTURE USE; THE CANCELLATION IS FOR AN
ALTERNATIVE USE WHICH IS CONSISTENT WITH THE APPLICABLE
PROVISIONS OF THE COUNTY GENERAL PLAN; THE CANCELLATION WILL
NOT RESULT IN DISCONTIGUOUS PATTERNS OF URBAN DEVELOPP+IENT;
THERE TS NO PROXIMATE NONCONTRACTED LAND WHICH IS BOTH AVAILABLE
AND SUITABLE FOR THE USE TO WHICH IT IS PROPOSED THE CONTRACTED
LAND BE PUT OR THE DEVELOPMENT OF THE CONTRACTED LAND WOULD
PROVIDE MORE CONTIGUOUS PATTERNS OF URBAN DEVELOPMENT THAN
DEVELOPMENT OF PROXIMATE NONCONTRACTED LANDS. RpOPTED THE
NEGATIVE DECLARATION AND APPROVED THE CANCELLATION SUBJECT
TO THE APPLICABLE FEES BEING PAID BY DECEMBER 31, 1986.
F9 S
Vote: 1 N 2 Y 3 Y 4 N 5 Y (P~latian carried}
86-56i' Presentation by Ponderosa Pines Property Owners Association regarding
(1494} problems with the defunct Berry Creek Water Company, {NO ACTION TAKEN.}
Recess: 12:06 p.m.
Reconvene: 1:46 p.m.
(SUPERVISOR WHEELER ABSENT AT THIS TIME.)
Page 53
October 7, 1986
86-562 Recognition of persons wishing to speak.
(2249}
1. Mr. Fisher - problems with eviction from his property.
2. Robert Bremer, Library Task Force - requesting tYte Board to fond
the libraries at the minimum level of last year's funding. (MATTER
TO BE PLACED ON THE OCTOBER 2l, 1986 AGENDA FOR DISCUSSION.)
*** 3. Louie Ricci - problems with pooling of water during rainy season
000 on the corner of Keith and Garner Lane. (CHAIRMAN McLAUGHLIN
SUGGESTED HE MEET WITH MR. CHEFF ABOUT POSSIBLE SOLUTIONS.)
4. Norma Smith - opposed pay raise for supervisors.
5. Nell Lind - opposed pay raise for supervisors.
86-563 Consideration of ordinance adding Chapter 37 to the Butte County Code
(173} regarding a Butte County acarine mite quarantine.
Motion: AMENDED PROPOSED ORDINANCE TO SUNSET IN ONE YEAR AT WHICH
TIME IT WILL BE REVIEWED; WAIVED FIRST READING OF THE AMENDED
ORDINANCE.
S M
Vote: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried}
Recess: 3:15 p.m.
Reconvene: 3:32 p.m.
86-564 R.F.C. Surveyors, Inc. - on behalf of Bruce Roe appeal Condition No_ 2
(2230) (construct foil street section on access road to RS-3-B geometric
standard. Minimum structural section to be 2" AC and $° AB, SC 250
prime, fog seal and 95% relative compaction. Submit design to County
Department of Public Works for approval. "R" value determinations
and other data may be required to support section design) on tentative
subdivision map, AP 48-OI.-33, two parcels, property located on the
northeast corner of Vispera Drive and Allison Meadow Road, Chico area.
Motion: UPHELD THE APPEAL AND DIRECTED THAT THE ROAD STANDARD BE
MAINTAINED RT THE RS-7 STANDARD,
N S
Vote: 1 N 2 N 3 Y 4 Y 5 Y (Motion carried)
85-565 Ron Graves & Associates - on behalf of Emma Morgenroth, appeal the
(2875 Planning Commission's denial of rezone (proposed mitigated negative
declaration regarding environmental impact) from U (unclassified} to
TM-2 {timber mountain - two acre minimum) property located on the north
side of Bald Rock Road approximately 7000 feet east of Sand Creek Drive,
identified as AP 62-22-25, Berry Creek.
Page 54
October 7, 1986
86- 5G5
(Cont'd) (SUPERVISOR WHEELER ABSENT AT THIS TIME.)
~~*~
0000 Motion: FOUND THAT THE REQUIREMENTS OF CEQA HAVE BEEN COMPLETED AND
CONSIDERED IN MAKING THIS DECISION AND FOUND THAT THE PROPOSED
PROJECT AS CONDITIONED WILL COMPLY WITH THE GENERAL PLAN;
ADOPTED ORDINANCE 2557 APPROVING THE REZONE TO TM-3, THE
PROPERTY IDENTIFIED AS AP 62-22-25.
M S
Vote: l Y 2 N 3 AB 4 Y 5 Y (Motion carried)
(SUPERVISOR WHEELER PRESENT AT THIS TIME.)
86-566 Roger J. Diamond, attorney at law - on behalf of Jack Posner, et al,
appeals the Planning Commission's denial of exception pursuant to Butte
County Code Section 24-36.4, amortization of an adult entertainment
business, on property zoned U (unclassified}, located at 2827 Esplanade,
identified as AP 006-35-27, Chico.
r
Motion: FOUND THAT THE APPLICANT HAS SHOWN NO EVIDENCE OF THE INVESTMENT
OF MONEY, LEASEHOLDS, OR IMPROVEh9ENTS, OR THAT THE EXTENSION
OF THE AMORTIZATION PERIOD IS NECESSARY TO PREVENT UNDUE
FINANCIAL HARDSHIP, AND DENIED THE REQUEST FOR THE EXCEPTION
PURSUANT TO BUTTE COUNTY CODE SECTION 24-36-4, AMORTIZATION
OF AN ADULT ENTERTAINMENT BUSINESS, AP 6-35-21 (JACK POSNER,
ET AL} AND DENIED THE EXTENSION OF OPERATION FOR THE BUSINESS.
S M
Vote: l Y 2 Y 3 Y 4 Y 5 Y {Unanimously carried}
86-567 Shastan Company, Inc. -- rezone (item on which an environmental impact
(514} report was previously certified) to amend a PRC (planned area cluster)
to PUD (planned unit development} zone for 72 lots and a tentative
subdivision map for property located between West Sacramento Avenue
and Bidwell Avenue, approximately 1000 feet west of Oak Lawn Avenue,
identified as AP 43-29-128 and I29, Chico (File 87-4).
Motion: FOUND THAT THE REQUIREMENTS OF CEQA HAVE BEEN COMPLETED AND
CONSIDERED IN MAKING THIS DECISION; NOTED THERE IS A PREVIOUS
ENVIRONMENTAL IMPACT REPORT CERTIFIED AND AMENDED; FOUND THAT
THE PROPOSED REZONE CONFORMS TO THE POLICIES INCLUDING THE
TEXT AND MAP OF THE BUTTE COUNTY GENERAL PLAN; ADOPTED
ORDINANCE 2558 REZONING THIS PROJECT TO PUD AND THAT THE
CONDITIONS AND h4ITIGATION MEASURES WILL BE AS SUBMITTED IN
A h9Eh10 DATED SEPTEh16ER 22 TO THE BOARD WITH THE AMENDMENT
OF CONDITION N0. 28 TO 15-FOOT SETBACK AND DELETING CONDITION
37 BECAUSE IT IS A DUPLICATE OF 30, FOR A TOTAL OF 33
CONDITIONS.
M S
Vote: 7 Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried}
Page 55
October 7, 1986
Recess: 4:20 p.m.
Reconvene: 4:32 p.m.
86-568 Brian Dillavau T on behalf of concerned Guynn Avenue residents, appeals
{794) the Advisory Agency`s approval of William Morris tentative subdivision
map (proposed mitigated negative declaration regarding environmental
impact), AP 42-07-57, 75 lots, property located on the north side of
Lindo Channel, west side of Guynn Avenue approximately 850 feet south
of its intersection with East Avenue, Chico area.
Motion: TO REAFFIRM BOARD'S DECISION, TO UPHOLD THE APPEAL, FINDING
THAT THE SITE IS NOT PHYSICALLY SUITABLE FOR THE DENSITY OF
DEVELOPMENT.
M S
Vote: T N 2 Y 3 N 4 N 5 Y (Motion faired}
(SUPERVISOR FULTON ABSENT AT THIS TIT9E.)
Motion: FOUND THAT THIS PROJECT IS IN CONFORMANCE WITH THE BUTTE COUNTY
GENERAL PLAN AND ZONING; ADOPTED A MITIGATED NEGATIVE
DECLARATION OF ENVIRONMENTAL IMPACT FOR THE WILLIA~y1P9ORRIS
TENTATIVE SUBDIVISION, THE PROJECT TO CREATE T5 LOTS ON
AP 42-07-57, FINDING THAT THIS PROJECT COULD HAVE A SIGNIFICRNT
EFFECT ON THE ENVIRONMENT, BUT WILL NOT HAVE, PROVIDING THE
REQUIRED MITIGATION PEASURES ARE COMPLIED WITH; DENIED TWE
APPEAL OF THE ADVISORY AGENCY'S APPROVAL DF WILLIAM MORRIS
TENTATIVE SUBDIVISION AND APPROVED THIS PROJECT SUBJECT TO
THE CONDITIONS AND MITIGATION MEASURES NOTED ON MEMO DATED
**~~* AUGUST 27, T986, FROM THE DEPARTMENT OF PUBLIC WORKS TO THE
00000 BORRD OF SUPERVISORS, ITEMS 1 THROUGH 33.
s M
Vote: l Y 2 N 3 Y 4 Y 5 AB {Motion carried)
Regular Agenda
86-569 Propasa7 from Northwest Chico Community Association to initiate review
(T6 ) of General Pian land use designations and zoning far Northwest Chico
(area north of Lindo Channel, west of Esplanade, east of Highway 32,
and south of the northern boundary of the "greeniine").
(Supervisor Doran}
Motion: APPROVED PROPOSAL.
r~ s
Vote: l Y 2 Y 3 Y 4 Y 5 AB (Motion carried)
{SUPERVISOR DOLAN ABSENT AT THIS TIME.)
Page 56
October 7, T986
85-570 Consideration of forming a citizens task farce committee to study the
salaries of the Butte County Board of Supervisors. (Supervisor Wheeler)
Motion: ESTABLISHED TASK FORCE.
S M
Vote: l Y 2 AB 3 Y 4 Y 5 AB (Motion carried)
86-57i Additional items from Board members:
1. Supervisor Wheeler - requested that the Board invite Dr. Hagan,
University of California at Davis, to appear before the Board on
October 2l, 1986 to give a summary of the water meeting at Asilomar.
Motion: AGREED TO INVITE DR. HAGAN TO APPEAR BEFORE THE BOARD TO DISCUSS
THE ASILOMAR WATER CONFERENCE AND ADOPTED RESOLUTTON $fi-134
RECOGNIZING HIS EFFORTS ON BEHALF OF THE CALIFORNIA COUNTIES
ON WATER ISSUES, TO BE PRESENTED TO HIM WHEN HE APPEARS.
S M
Vote: 7 Y 2 AB 3 Y 4 Y 5 AB (Motion carried)
2. Supervisor l~heeler - requested that she be allowed to continue
as director at CSAC through November.
Motion: AGREED WITH SUPERVISOR WHEELER'S REQUEST.
M S
Vote: l Y 2 AB 3 Y 4 Y 5 AS (Motion carried)
Closed Hearings
86-572 Closed hearing - Butte County Board of Supervisors - code amendment
to amend the "U" (unclassified) zone with proper language to include
the requirement to rezone to a more specific zone prior to subdivision,
countywide {File 86-47). {from 9/16/86) {CONTINUED TO OCTOBER 21,
T986}
Closed Session: The Board recessed at 5:42 p.m. for a closed session
on the following: litigation matters - County vs.
city of Chico Downtown RDA, County vs. City of Chico
Southeast Bond Issue, County vs. City of Chico North
Palley Mall Plaza, County vs. Bach, Butte Environmental
Council vs. County {Canyon Park Estates, II), Friends
of the Foothills vs. County (Canyon Par~C Estates, I),
workers cormpensation cases of Scofield, McMillan and
Mason; and a meet and confer session.
Page 57
October 7, 1986
Reconvene: The Board reconvened at 6:30 p.m. {SEE FOLLOWING MINUTE
ORDER. )
86-573 Report: on closed session. {NO ANNOUNCEMENTS CONCERNING LITIGATTON
AND WORKERS COMPENSATION MATTERS.)
Motion: RATIFIED THE MEt4ORANDUM OF UNDERSTANDING BETWEEN THE COUNTY
OF BUTTE AND BUTTE COUNTY MCS UNIT.
S P1
Vote: l Y 2 AB 3 Y 4 Y 5 AB (Motion carried)
Motion: EXTENDED THE SAME BENEFITS TO DEPARTMENT HEADS AND ELECTED
OFFICIALS, EXCLUDING THE BOARD OF SUPERVISORS.
S M
Vote: l Y 2 AB 3 Y 4 Y 5 AB (Motion carried)
Adjournment: There being nothing further before the Board at this
time, the meeting was adjourned at 6:32 p.m. to reconvene
on October 27, 1986 at 9:00 a.m.
C .~
Chairman, Board of upervisars
ATTEST:
t'IA,RTIN J. NIC170LS, Chief Administrative
Officer and Clerk of the Board
By
Page 58
October 7, 1986