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HomeMy WebLinkAboutM102588October 2~ 1988 Call to order - Board of Supervisors room, County Administration Building, 25 County Center Drive, Oroville. Present: Supervisors Dolan, Fulton, McLaughlin, Vercruse and Chairman Mclnturf. Martin J. Nichols, chief administrative officer; Neal McCabe, deputy county counsel; and Carol Roach, assistant clerk to the Board. Pledge of allegiance to the Flag of the United States of America. 88-631 All present stood in silence in honor and memory of retired Butte County Sheriff Larry Gillick who recently passed away, MOTION: MOVE THAT THE FINDING BE MADE THAT THE NEED FOR THE ADOPTION OF A RESOLUTION HONORING RETIRED BUTTE COUNTY SHERIFF LARRY GILLICIC AROSE AFTER THE PREPARATION OF THE AGENDA, AND ADDING THIS RESOLUTION AS ITEM 3.23 ON THE BOARD'S CONSENT AGENDA. 88-632 M S VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried) Consent Acrenda 1. Budget transfers - action requested - APPROVE BUDGET TRANSFERS B-23 (FIRE}, 8-24 (CSA #110? (ADOPTION OF RESOLUTION 88-1651, AND B-25 (HEALTH DEPARTMENT}. 2. Appointment to assessment appeals board - action requested - REAPPOINT JOHN PAYNE AS ASSESSMENT APPEALS BOARD HEARING OFFICER FOR A TERM TO EXPIRE SEPTEMBER 2, 1991. 3. Final map - Elsie Cunnings subdivision - AP 58-81-11, four lots, property located on the east side of Coutolenc Road at Merchants Bar Road, Magalia area - action requested - APPROVE THE FINAL MAF AND ACCEPT EASEMENTS AS GRANTED IN ITEM 1 OF THE OWNER'S CERTIFICATE ON BEHALF OF THE PUBLIC. Page 327 October 25, 1988 1 October 2,_5 1988 4. Final map - Silverado Subdivision - the developer has provided a cash deposit to guarantee maintenance of facilities far a period of one year starting September 27, 1988 an the 13 lot subdivision, AP 62-22-25, property located on the north side of Bald Rack Raad, 600 feet southeasterly of Sand Creek Drive, Bald Rock area -action requested - APPROVE THE FINAL MAP; ACCEPT EASEMENTS AS GRANTED IN THE OWNER'S CERTIFICATE ON BEHALF OF THE PUBS~IC; ACCEPT GRANT IN FEE SIMPLE BALD ROCK ROAD AND ONE-FOOT NO ACCESS STRIPS AS OFFERED IN fiHE OWNER'S CERTIFICATE; AND AUTHORIZE THE CHAIRMAN fi0 SIGN THE SUBDIVISION AGREEMENT. 5. Report from Planning Commission ~- code amendment in other appropriate zones such as the F-R, T-M, and A-R, etc., to allow "public tasting rooms in conjunction with a winery, provided that such tasting room be considered accessory to the on-site winery" -- action requested - INFORMATION ONLY. 6. Fire department radio and volt charger - Fire Company has donated $700 for the portable radio and 12 volt charger to volunteer fire company. Budget transfer to provide the necessary appropriation AUTHORIZE ACQUISITION OF FIXED ASSET ITEM the Palermo Volunteer purchase of a Icing be assigned to the B-23 has been prepared -- action requested - 5. 7. AB 650 AND AB 1903 funds certification - the county is required to certify that receipt of funds for distressed counties block grants will not cause the county to exceed its appropriations limit ~- action requested - AUTHORIZE THE CHAIRMAN TO SIGN THE CERTIFICATION ON BEHALF OF THE COUNTY. 8. Extension of temporary out-of-class assignments -because of recruitment problems, the inability to fill positions and a proposed reorganization of the Building Inspection Department, Public Works requests the Board to grant 120 day extensions of temporary assignments for Dale McKendrick, Alice Mefford, Dave Purvis, Linda Sexton - action requested - AUTHORIZE A 120 DAY EXTENSION OF TEMPORARY OUT-OF-CLASSIFICATION ASSIGNMENTS. 9. Salary ordinance amendment adding a senior community health aide position and two health education assistant positions to the Public Health Department - action requested - WAIVE THE FIRST READING OF THE ORDINANCE. 10. Salary ordinance amendment increasing the flat rate salary for public health clinic physician from $25 to $40 per hour - action requested - WAIVE THE FIRST READING OF THE ORDINANCE. 11. Salary ordinance amendment establishing the position of assessment systems technician classification in the Assessor's Office -action requested - WAIVE THE SECOND READING ANA ADOPT ORDINANCE 2712. Page 328 October 25, 1988 October 2~ 1988 12. Salary ordinance amendment ratifying a memorandum of understanding with the social service workers unit, represented by the Butte County Employees' Association to effect the salary changes contained therein - action requested - WAIVE THE SECOND READING AND ADOPT SALARY ORDINANCE 2713 AMENDMENT IMPLEMENTING THE SALARY PROVISIONS OF THE MEMORANDUM OF UNDERSTANDING RATIFIED BY THE SOCIAL SERVICE WORKERS UNIT AND THE BOARD OF SUPERVISORS ON MARCH 22, 1988. 13. Salary ordinance amendment - the ordinance deletes a position of vehicle service worker/road maintenance aide and adds a road maintenance worker I/road maintenance aide position in the Public Works Department - action requested - WAIVE THE SECOND READING AND ADOPT ORDINANCE 2714. 14. Salary ordinance amendment - an ordinance has been prepared increasing dispatcher clerk's salary by five percent and supervising dispatcher clerk five percent, creating a new classification of dispatcher clerk trainee, add on a dispatcher clerk position and alternately staff four of the nine dispatcher clerk positions as dispatcher clerk/dispatcher clerk trainee T action requested - WAIVE THE SECOND READING AND ADOPT ORDINANCE 2715. 15. Salary ordinance amendment -the ordinance changes the classification title of senior building crafts worker to assistant building and grounds superintendent - action requested - WAIVE THE SECOND READING AND ADOPT ORDINANCE 271b. 15. Contract amendment - Community Living Centers, dba Creekside - an amendment has been prepared to the contract providing socialization services to mental health clients which extends the contract period from August 31, 1988 to October 15, 19$8 and increases the contract maximum to 520,679 - action requested - APPROVE CONTRACfi AMENDMENT AND AUTHORIZE THE CHAIRMAN TO SIGN. 17. Contract amendment -Community Living Centers, dba Creekside - an amendment has been prepared to the contract for supplemental board and care services for mental health clients which extends the contract from August 31, 1988 to October 15, 1988 and increases the contract maximum to $7,744 - action requested - APFROVE CONTRACT AMENDMENT AND AUTHORIZE THE CHAIRMAN TO SIGN. 18. Work Training Center contract - an agreement has been prepared to provide vocational rehabilitation services to mental health clients for 1988-89 in the maximum amount of $48,953 -action requested - APPROVE CONTRACT AND AUTHORIZE THE CHAIRMAN TO SIGN. Page 329 October 25, 1988 October 2~ 1988 19. Work Training Center contract - the contract provides for socialization and recreational services to mental health clients during 1988-89 in the maximum amount of $114,028 -action requested - APPROVE CONTRACT AND AUTHORIZE THE CHAIRMAN TO SIGN. 20. Butte County Office of Education contract -the agreement provides for assessment services to GAIN participants in the maximum amount of $58,649 covering the period July 1, 1988 through June 30, 1989 - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIRMAN TO SIGN. 21. Butte Community College agreement - the agreement provides for assessment services to GAIN participants in the maximum amount of $78.900 covering the period July 1, 1988 through June 30, 1989 - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIRMAN TO SIGN. 22. Change in office hours - County Clerk's Office - a resolution has been prepared modifying the office hours to 9:00 a.m. - 5:00 p.m. -action requested - ADOPT RESOLUTION 88-163 MODIFYING OFFICE HOURS AND AUfiHORZZE THE CHAIRMAN TO SIGN. 23. Resolution honoring retired Butte County Sheriff Larry Gillick - action requested -ADOPT RESOLUTION 88-166 AND AUTHORIZE THE CHAIRMAN TO SIGN. MOTION: MOVE TO APPROVE THE CONSENT AGENDA. S M VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried) Rectular Agenda 88-633 88-634 Items removed from the Consent Agenda for Board consideration and action. (NONE) Appointments - commissions and committees. a. Appointments to Citizens Advisory Committee for the Energy, Natural Resources and Recreation Element. (CONTINUED TO NOVEMBER 1, 1988) MOTION: MOVE TO APPOINT JERRY HUGHES FROM CARD AS A REPRESENTATIVE OF RECREATION. M S VOTE: 1 Y 2 Y 3 X 4 Y 5 Y (Unanimously carried? b. Appointments to Lime Saddle Community Services District. (CONTINUED TO NOVEMBER 1, 1988) Page 330 October 25, 1988 October 2~ 1988 c. Appointment to Magalia County Water District. (CONTINUED TO NOVEMBER 1, 1988} d. Appointments to Durham Irrigation District. MOTION: MOVE TO REAPPOINT JOHN T. THORPE AND HARVEY LEE OF THE EXISTING BOARD OF THE DURHAM IRRIGATION DISTRICT FOR TERMS TO EXPIRE DECEMBER 25, 1992. S M VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y {Unanimously carried) e. Appointments to Richvale Recreation and Park District. {CONTINUED TO NOVEMBER 1, 1988) f. Appointments to committee vacancies. {NONE} 88-635 Presentation by County Clerk-Recorder Candace Grubbs on preparations for the November $, 198$ general election. {240) (PRESENTATION BY CANDACE GRUBBS, COUNTY CLERK-RECORDER) 88-636 Discussion of proposed agenda items for a joint meeting with the Planning Commission; {540) a. Duplexes (Commissioner Forbes) b. Development Permits (Commissioner Lambert) c. Gities and County Regional Planning (Commissioner Peabody) d. Upper Ridge and Traffic - Development on the Ridge {Commissioner Peabody) e. Use permit final action ending with the Commission (Chairman Lynch) f. C-C Zone - Multi_family versus commercial (Commissioner Walter) (DIRECTION TO STAFF TO CALENDAR THE JOINT MEETING OF THE BOARD AND THE PLANNING COMMISSION ON JANUARY 24, 1989.} 88-637 Consideration of request for interpretation pursuant to Section 24- 20{d) of the Butte County Code regarding the storage of hazardous materials in an industrial zone. {628) {SUPERVISOR VERCRUSE DECLARED A CONFLICT OF INTEREST ON THIS AGENDA ITEM, AND LEFT THE BOARD ROOM.} Fage 331 October 25, 1988 October 2~ 19$8 MOTION: MOVE TO DETERMINE THAT THIS STORAGE IS NOT AN ENHANCEMENT OF AN EXISTING FACILITY QUANTITYWISE; THIS STORAGE WILL ACTUALLY MAKE THE AREA SAFER; AND THE BOARD IS JUSTIFIED IN MAKING THESE FINDINGS FOR THE ISSUANCE OF THE REQUIRED PERMIT. M S VOTE: 1 Y 2 N 3 AB 4 Y 5 Y (Motion carried) {DIRECTION TO STAFF TO COME UP WITH CRITERIA FOR THE SAME SITUATION IN THE FUTURE WHERE CHANGING THE TYPE OF HANDLING SYSTEM WITH THE SAME GALLONAGE HANDLED TO INCLUDE A USE PERMIT, SO THAT THE BOARD CAN GIVE CLEAR DIRECTION TO ANYONE THAT COMES FORWARD WITH A SIMILAR REQUEST.) {SUPERVISOR VERCRUSE PRESENT) RECESS: 9:55 A.M. RECONVENE: 10:25 A.M. Regular Agenda {SUPERVISOR VERCRUSE NOT PRESENT) 88-638 Consideration of request for interpretation pursuant to Section 24- 20{d) of the Butte County Code regarding the storage of hazardous materials in an industrial sane. (MOTION RESTATED FOR CLARIFICATION OF THE RECORD.) MOTION: FIND THAT CHEMTEC HAS BEEN SUPPLYING SUPRACIDE (APPROXIMATELY 759 GALLONS ON HAND) IN VARIOUS SIZE 2.5 TO 30 GALLON NON-REUSABLE CONTAINERS TO AGRICULTURALISTS; AND FIND THAT fiHE PROPOSED METHOD OF STORAGE, A 1©,000 GALLON TANK, AND DISPENSING OF SUPRACIDE INTO REUSABLE CONTAINERS WILL BE A CONTINUATION OF A PREVIOUSLY ESTABLISHED USE "OF HANDLING DANGEROUS MATERIAL;" AND DIRECT THAT IN THIS INSTANCE A USE PERMIT FOR HANDLING DANGEROUS MATERIAL WILL NOT BE REQUIRED. M S VOTE: 1 Y 2 N 3 AB 4 Y 5 Y {Motion carried) (SUPERVISOR VERCRUSE PRESENT) PUBLIC HEARINGS AND TIMED ITEMS 88-639 Consideration of five percent budget reduction plans developed by department heads and as requested by the Board. (1600) (**00) Page 332 October 25, 1988 October 2~ 1988 MOTION: MOVE TO USE THE REVISED LIST OF CUTS WHICH DEPARTMENTS HAVE PROPOSED WHICH TAKE ADVANTAGE OF SALARY SAVINGS DEVELOPED BY MAINTAINING VACANCIES, UNANTICIPATED REVENUE, OR REFINEMENT OF BUDGET ESTIMATES AS THE BASIS OF DISCUSSION, AND TO MODIFY IT ACCORDINGLY. S M VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried) MOTION: MOVE TO ADOPT THIS LIST AS SUBMITTED. S M VOTE: 1 N 2 Y 3 Y 4 N 5 N (Motion failed to carry) MOTION: MOVE TO ADOPT THE REVISED LIST WITH THE FOLLOWING MODIFICATIONS: COUNTY COUNSEL: $16,787; COUNTY CLERK: ADD SALARY SAVINGS FROM FREEZE ON FILLING OF THE ASSISTANT COUNTY CLERK POSITION UNTIL APRIL 1, 1988; AND SALARY SAVINGS FROM THE ELIMINATION OF THE NORTH COUNTY MUNICIPAL COURT COURT WORK REFERRAL PROGRAM. S M VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried) MOTION: MOVE TO CONTINUE BUDGET DISCUSSIONS TO THE NOVEMBER 15, 1988 BOARD AGENDA. S M VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried) (SUPERVISOR FULTON NOT PRESENT) 88-640 Public hearing -formation of County Service Area No. 113 (Pleasant Valley Industrial Park) - the Local Agency Formation Commission has approved the formation of CSA Na. 113 for the purpose of providing storm drainage maintenance and street lighting. (325) MOTION: MOVE TO ADOPT RESOLUTION 88-164 FOR THE FORMATION OF COUNTY SERVICE AREA N0. 113 (PLEASANT VALLEY INDUSTRIAL PARK.) M S VOTE: 1 Y 2 Y 3 Y 4 Y 5 AB (Motion carried) 88-641 Public hearing - Butte County Board of Supervisors -consideration of proposed negative declaration regarding environmental impact and amendment to the Butte County Code to require a use permit for public tasting roams in conjunction with a winery in the A-5, A-10, A-15, A-20, A-40 and A-160 zones (agricultural - 5, 10, 15, 20, 40 and 160 acre minimum parcels.) Specifically Butte County Code Sections 24-72(B}((6}, 24-75(b)(3}, 24-76(B)(7), 24-78(b)(3}, 24- 81(b}(3) and 24-84(b)(3) will be added. Those sections will read as follows: "Public tasting rooms in conjunction with a winery, provided that such tasting room be considered accessory to the on- site winery." (380) Page 333 October 25, 1988 October 2~ 1988 MOTION: FIND THAT THE REQUIREMENTS OF CEQA HAVE BEEN COMPLETED AND CONSIDERED IN MAKING THIS DECISION AND ADOPT A NEGATIVE DECLARATION; AND FIND THAT THE PROPOSED CODE AMENDMENT CONFORMS TO THE POLICIES. INCLUDING THE TEXT AND MAP OF THE BUTTE COUNTY GENERAL PLAN BECAUSE A WINERY AND TASTING ROOM IS A PROCESSING FACILITY ASSOCIATED WITH THE GENERAL DEFINITION OF AGRICULTURE; ANA ADOPT ORDINANCE 2717 AMENDING THE BUTTE COUNTY~CODE TO ALLOW WINERIES WITH TASTING ROOMS AS A CONDITIONAL USE IN THE AGRICULTURAL ZONES. SPECIFICALLY, SECTIONS 24-72 {B} {5}, 24-75 {b}{3}, 24-75 {b} (3} , 24-78 {B} {3} , 24-81 {b} {3) , and 24--84 {b} {c} WILL BE ADDED. THOSE SECTIONS WILL READ AS FOLLOWS: "PUBLIC TASTING ROOMS IN CONJUNCTION WITH A WINERY, PROVIDED THAT SUCH TASTING ROOM BE CONSIDERED ACCESSORY TO THE ON-SITE WINERY." S M VOTE: 1 Y 2 Y 3 Y 4 Y 5 AB {Motion carried) RECESS: 11:20 A.M. RECONVENE: 11:32 A.M. {SUPERVISOR FULTON PRESENT) $8-642 Public hearing - Lippincott Surveying an behalf of York Baurgeais - rezone (proposed negative declaration regarding enviranmentai impact) from "U" (unclassified) to FR-5 (foothill-recreational, five acre parcels), property located on the south side of Wayland Road approximately 1.2 miles east of Neal Road, identified as AP 055-37- 0-097, 09$, 099, 0100, Paradise. {438} MOTION: FIND THAT THE REQUIREMENTS OF CEQA HAVE BEEN COMPLETED AND CONSIDERED IN MAKING THIS DECISION AND ADOPT A NEGATIVE DECLARATION; AND FIND THAT THE PROPOSED REZONE CONFORMS TO THE POLICIES, INCLUDING THE TEXT AND MAP, OF THE BUTTE COUNTY GENERAL PLAN, BECAUSE IT IS SUITABLE FOR THE TOPOGRAPHY, GEOLOGY OF THE SOILS OF THE REGION AND WILL CONTRIBUTE TO THE ORDERLY DEVELOPMENT OF THE AREA; AND ADOPT ORDINANCE 2718 REZONING TO FR-10 THAT PROPERTY IDENTIFIED AS AP 55-37`97, 98, 99 ANA 100. S M VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried) Communications 88-543 Communications received and referred. {COPIES OF ALL COMMUNICATIONS ARE AVAILABLE IN THE CLERK OF THE BOARD OFFICE.} Page 334 October 25, 1988 October 2~ 1988 a. State Controller's Officer - submits procedures for opting into the Trial Court Funding Program - action requested - REFER TO CHIEF ADMINISTRATIVE OFFICER. b. Governor Deukmejian writes concerning Trial Court Funding and other discretionary revenues to counties. (INFORMATION ONLY) 88-644 Public Comment. {PRESENTATIONS WILL BE LIMITED TO FIVE MINUTES. THE BOARD OF SUPERVISORS IS PROHIBITED BY STATE LAW FROM TAKING ACTION ON ANY ITEM PRESENTED IF IT IS NOT LISTED ON THE AGENDA.) (480) (NONE} 88-645 CLOSED SESSION: The Board recessed at 11:37 a.m. for a closed session on meet and confer and actual litigation: County of Butte us. Vukusich, et ai., Case No. 99795 and County of Butte vs. Garner, et al., Case Na. 100021. (SUPERVISOR McLAUGHLiN WILL NOT BE PRESENT AT THE BOARD'S MEETING OF NOVEMBER 1, 1988.) RECONVENE: The Board reconvened at 12:0$ p.m. following closed session on meet and confer and actual litigation. (NO ANNOUNCEMENTS} ADJOURNMENT: There being nothing further before the Board at this time, the meeting was adjourned at 12:09 p.m. to reconvene on Tuesday, November 1, 1988 at 9:00 a.m. -,- Chairman, Board of Supe isors ATTEST: MARTIN J. NICHOLS, C of Administrative Officer and Cler of the Bo r at Supervisors By• ~ Fage 335 October 25, 1988