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December 11 2990
Call to order - Board of Supervisors room, County
Administration Building, 25 County Center Drive,
Oroville. Supervisors Fulton, Mclnturf and Chairman
McLaughlin present. Supervisors Dolan and Vercruse not
present. William H. Randolph, chief administrative
officer; Susan Minasian, county counsel; and Carol Roach,
assistant clerk of the Board.
Pledge of allegiance to the Flag of the United States of
America.
90--505 Items removed from the Consent Agenda for Board
consideration and action.
1. Salary ordinance amendment - Public Works
Department - proposed is a salary ordinance
amendment re-establishing the position of
supervising building inspector at salary range 52.
To re-establish this position, the position of
building inspector TV, III will be reclassified -
action requested - WAIVE THE FIRST READING OF THE
ORDINANCE. (NO ACTION TAKEN}
2. Pre-employment screenings - proposed is a contract
with Occu-Med to develop job related medical
standards for targeted high risk job classifications
and to contract with and train a local medical
provider to provide pre-employment screenings in
accordance with the Occu-Med medical evaluation
system. The cost of the study and related
activities will not exceed $29,000 and has been
budgeted for this year - action requested - APPROVE
AGREEMENT AND AUTHORIZE THE CHAIRMAN TO SIGN. (NO
ACTION TAKEN}
Page 355
December 11, 1990
December__11. 1990
3. Butte County Fish & Game Commission - Sutter County
previously requested Board support of legislation
to exempt migratory bird seasons from the California
Environmental Quality Act process. The Butte County
Fish & Game Commission does not recommend Board
support for such legislation - action requested -
AUTHORIZE THE FISH AND GAME COMMISSION TO EXPLORE
THE POSSIBILITY OF SPONSORING LEGISLATION TO EXEMPT
ALL HUNTING SEASONS FROM THE CEQA PROCESS. (REFER
TO MINUTE ORDER NO. 90-507)
Consent A ends
90-506 1. Approval of minutes - action requested - APPROVE
MINUTES OF NOVEMBER 27, 1990.
2. Budget transfers - action requested -- APPROVE BUDGET
TRANSFERS B-37 (DISTRICT ATTORNEY), B-38 {PUBLIC
HEALTH/CMS), B-41 (LIBRARY), AND B-42 {COUNTY
COUNSEL).
3. County library donation - in accordance with
Government Code Section 25355, a donation of $1,250
has been received from Gridley Friends of the
Library for the Butte County trust fund for
continuing operations - action requested - ACCEPT
DONATION AND AUTHORIZE LETTER OF APPRECIATION.
4. County library donations - in accordance with
Government Code Section 25355, donations of $1,400
and $600 have been received from Chico Friends of
the Library for the Butte County trust fund for the
purchase of books - action requested - ACCEPT
DONATIONS AND AUTHORIZE LETTER OF APPRECIATION.
5. Appointment to Lime Saddle Community Services
District - action requested - REAPPOINT RUSSELL
MOUNT TO A TERM TO EXPIRE NOVEMBER 27, 1992.
6. Appointments to Paradise Veterans Memorial Hall
Committee - action requested -- REAPPOINT ALBERT G.
PLUMB, DELEGATE AND DEAN D. SYBRANT, ALTERNATE, AS
AMERICAN LEGION POST 259 REPRESENTATIVES TO SERVE
UNTIL DECEMBER 31, 1991.
7. Appointments to Oroville Mosquito Abatement
District - action requested - REAPPOINT RODNEY MIMS
AND RUSSELL JONES TO SERVE UNTIL DECEMBER 31, 1992.
Page 356
December 11, 1990
December 11, 1990
90-506 8. Horsethief Canyon Subdivision agreement -four lots,
AP 41-12-96, property located on the south side of
Durham Pentz Road, approximately one mile east of
Clark Road, Pentz area. The final map was approved
by the Board on November 27, 1990 - action
requested - AUTHORIZE THE CHAIRMAN TO SIGN
SUBDIVISION AGREEMENT.
9. Durham Underground Utility District No. 1 -
unforeseen conditions and circumstances prohibit the
completion of the Durham Underground Utility
District Project by the dates established by Board
Resolution No. 89-106 - action requested - ADOPT
RESOLUTION 90-163 EXTENDING TIME OF COMPLETION AND
AUTHORIZE THE CHAIRMAN TO SIGN,
10. Lake Oroville Area Public Utility District ~-
proposed is a property tax exchange agreement for
the Alonzo Janes annexation - action requested -
APPROVE AGREEMENT AND AUTHORIZE THE CHAIRMAN TO
SIGN.
11. Gerald and Ellen Neville, Oroville - file claims
totalling $822,383.50 and amended claims in
unspecified amounts as a result of alleged false
arrests on or about April 27, 1990 in Bangor and
subsequent prosecution by the District Attorney -
action requested - REJECT CLAIMS/AMENDED CLAIMS AND
REFER TO COUNTY COUNSEL AND RISK MANAGEMENT,
12. Superior Court - Board authorization is requested
to purchase one portable and three permanent
assistive listening systems required pursuant to
Civil Code Section 54.8, effective January 1, 1991.
The Court requests authorization for reallocation
of $6,000 in previously encumbered 1989/90 funds
for the purchase - action requested - APPROVE
PURCHASE OF FIXED ASSET ITEMS AND REALLOCATION OF
ENCUMBERED FUNDS.
13. Salary ordinance amendment - Air Pollution Control
District - proposed is a salary ordinance amendment
changing for administrative purposes only the Air
Pollution Control District's classification code -
action requested - WAIVE THE SECOND READING AND
ADOPT ORDINANCE 28$1.
Page 357
December 11, 1990
December I1 1990
90-506 14. Salary ordinance amendment - Probation Department -
proposed is a salary ordinance amendment changing
a supervising probation officer position to a
probation officer II, I - action requested - WAIVE
THE SECOND READING AND ADOPT ORDINANCE 2882.
15. Salary ordinance amendment -- Sheriff's Department
and Probation Department (Juvenile Hall) - proposed
is a salary ordinance amendment implementing a
classification study for MCS unit employees within
the Sheriff's Department which brings MCS positions
into appropriate internal alignment. Also included
is a new classification of food services manager in
the incarceration unit, and in conjunction with this
change, the reclassification of the senior cook
position in the Juvenile Hall - action requested -
WAIVE THE SECOND READING AND ADOPT ORDINANCE 2883.
16. Salary ordinance amendment - Assessor's Department -
proposed is a salary ordinance amendment
implementing a classification study which
establishes the position of auditor-appraiser III,
range 47 and correcting the internal alignment of
the position of supervising auditor-appraiser from
range 49 to range 51 - action requested - WAIVE THE
FIRST READING OF THE ORDINANCE.
17. Salary ordinance amendment - County Counsel
Department - proposed is a salary ordinance
amendment implementing a classification study which
establishes a new position of assistant county
counsel at salary range 72 - action requested -
WAIVE THE FIRST READING OF THE ORDINANCE.
18. Salary ordinance amendment - Public Health
Department - proposed is a salary ordinance
amendment adding one position of clinic nurse on a
temporary basis due to the long-term illness of a
current employee - action requested - WAIVE THE
FIRST READING 4F THE ORDINANCE.
19. Salary ordinance amendment - Memoranda of
Understandings compensation changes - proposed is
a salary ordinance amendment to implement
compensation changes contained in the tentative
agreements for the general, management, confidential
and supervisory, and social services workers units --
action requested - WAIVE THE FIRST READING OF THE
ORDINANCE.
Page 358
December 11, 1990
December 11. 1990
90-506 20. County Clerk-Recorder civil filing fees -Senate Bill
1877 (Boatwright) - allows the Board to increase the
micrographics/automation component of the civil
filing fee from $1 to $3 effective January 1, 1993.,
provided an additional matching amount is expended
from the county general fund exclusively for
micrographics/automation. This fee increase will
generate approximately $&,500 annually. The County
general fund currently contributes approximately
$65, 000 towards the bond payment on the Clerk's Case
Management System - action requested - ADOPT
RESOLUTION 90-164 IMPLEMENTING MICROGRAPHICS FEE
INCREASE EFFECTIVE JANUARY 1, 1991.
21. South Butte County Municipal Court civil filing
fees - Senate Bill 1877 (Boatwright) - allows the
Board to increase the micrographics/automation
component of the civil filing fee from $1 to $3
effective January 1, 1991, provided an additional
matching amount is expended from the County general
fund exclusively far micrographics/automation. This
fee increase will generate approximately $2,478
annually. The annual maintenance cast the County
will pay to maintain the Court's computer system
will be approximately $20,3bb - action requested -
ADOPT RESOLUTION 90-165 IMPLEMENTING MICROGRAPHICS
FEE INCREASE EFFECTIVE JANUARY 1, 1991.
22. Resolution amending portions of improvement
standards for subdivisions, parcel maps and site
improvements pursuant to Chapter 20 of the Butte
County Code - action requested - ADOPT RESOLUTION
90-166 AND AUTHORIZE THE CHAIRMAN TO SIGN.
23. Resolution designating the months of September 1,
1990 through December 31, 1990 for the Butte County
United Way Campaign - action requested - ADOPT
RESOLUTION 90-167 AND AUTHORIZE THE CHAIRMAN TO
SIGN.
24. Wagerman and Associates - the 1990/91 budget
provided for a five percent increase in the County's
contract for advocacy representation in Sacramento -
action requested - APPROVE CONTRACT AMENDMENT AND
AUTHORIZE THE CHAIRMAN TO SIGN.
Page 359
December 11, 1990
December 11. 1990
90-506 25. Butte Meadows Hillsliders Snowmobile Club - an
agreement has been prepared with the organization
covering implementation of State Off-Highway Vehicle
Recreation Grant OR-0211. The program provides for
snow removal along a five mile access road from
Butte Meadows to the Jonesville OHV Staging Area and
the purchase of a snow cat to groom approximately
165 miles of trail. The organization, on behalf of
the County, will provide at least a 25% match of
total project costs over the five year period of the
agreement from July 1, 1990 to June 30, 1995 -
action requested - APPROVE AGREEMENT AND AUTHORIZE
THE CHAIRMAN TO SIGN, SUBJECT T4 REVIEW BY COUNTY
COUNSEL AND THE AUDITOR-CONTROLLER.
26. Assignment of counsel - County Counsel proposes to
assign County of Butte v. Gray to the law firm of
Marsh, Marsh, Volpe & Malin - action requested -
APPROVE ASSIGNMENT OF COUNSEL.
27. Remy and Thomas - proposed is a renewal agreement
to retain attorney services providing partner
attorney time at a rate of $175 per hour and
associate attorney time at a rate of $150 per hour
for a term of one year from execution of agreement -
action requested - APPROVE AGREEMENT AND AUTHORIZE
THE CHAIRMAN TO SIGN.
28. James J. Thompson - proposed is an agreement to
retain attorney services at a compensation rate for
actual legal services performed of $75 per hour for
attorney time up to the commencement of litigation
and $110 per hour for attorney time thereafter for
a term of one year from execution of agreement -
action requested - APPROVE AGREEMENT AND AUTHORIZE
THE CHAIRMAN TO SIGN.
29. Omni-Means Engineers and Planners - proposed is a
contract for professional services by an independent
contractor for a circulation study of the North
Oroville/Thermalito Area in the maximum amount of
$41,160 - action requested - APPROVE CONTRACT AND
AUTHORIZE THE CHAIRMAN TO SIGN.
30. Career Criminal Apprehension Program (C-CAP) -
proposed is a resolution authorizing application to
the State Office of Criminal Justice Planning for
the Butte/Gridley Career Criminal Apprehension
Program - action requested - ADOPT RESOLUTION 90-
168 AND AUTHORIZE THE CHAIRMAN TO SIGN.
Page 360
December 11, 1990
December 1]_, 1990
9p-506 31. Deputy Richard Hamilton - proposed is an agreement
for the purchase for one dollar ($1.00) of a male
German Shepherd dog to be used by the Canine Unit
of the Sheriff's Department - action requested -
APPROVE AGREEMENT AND AUTHORIZE THE CHAIRMAN TO
SIGN.
32. Medical Waste Management - implementation of AB 109
and AB 1641 -- action requested - AUTHORIZE
NOTIFICATION TO THE STATE DEPARTMENT OF HEALTH
SERVICES OF THE COUNTY'S INTENT TO NOT LOCALLY
ADMINISTER OR IMPLEMENT THE MEDICAL WASTE MANAGEMENT
PROGRAM AND AUTHORIZE THE CHAIRMAN TO SIGN.
33. Memorandum of Understanding - general unit --
requested is Board ratification of the tentative
agreement for the general unit with Butte County
Employees Association (BCEA) - action requested -
RATIFY TENTATIVE AGREEMENT AND AUTHORIZE THE
CHAIRMAN TO SIGN THE MEMORANDUM OF UNDERSTANDING
UPON RATIFICATION AND SIGNATURE BY THE BUTTE COUNTY
EMPLOYEES ASSOCIATION.
34. Memorandum of Understanding - management,
canfidential and supervisory unit (MCS) - requested
is Board ratification of the tentative agreement far
the management, confidential and supervisory unit
(MCS) with the Butte County Management Employees
Association - action requested - RATIFY TENTATIVE
AGREEMENT AND AUTHORIZE THE CHAIRMAN TO SIGN THE
MEMORANDUM OF UNDERSTANDING AFTER RATIFICATION AND
SIGNATURE BY THE BUTTE COUNTY MANAGEMENT EMPLOYEES
ASSOCIATION.
35. Application of benefit provisions of management,
confidential and supervisory (MCS) unit memorandum
of understanding to appointed and elected
officials - action requested - APPROVE APPLICATION
OF MANAGEMENT, CONFIDENTIAL AND SUPERVISORY UNIT
COMPENSATION BENEFITS TO APPOINTED AND ELECTED
OFFICIALS.
36. Memorandum of Understanding - social services
workers unit (SSW) - requested is Board ratification
of the tentative agreement for the social services
workers unit (SSW) with Communication Workers of
America (CWA) - action requested - RATIFY TENTATIVE
AGREEMENT AND AUTHORIZE THE CHAIRMAN TO SIGN THE
MEMORANDUM OF UNDERSTANDING AFTER RATIFICATION AND
SIGNATURE BY COMMUNICATION WORKERS OF AMERICA.
Page 361
December 11, 1990
December 11, 1990
90-506 37. Step advancement - deputy district attorney IV -
Board authorization is requested for advancement
from step 3 to step 5 of the salary range - action
requested - AUTHORIZE ADVANCEMENT TO STEP 5.
38. Advanced step hiring -- County Clerk-Recorder's
Department - Board authorization is requested far
advanced step hiring of a superior court clerk II/T
at step 5 of the salary range - action requested -
AUTHORIZE ADVANCED STEP HIRING.
MOTION: MOVE TO APPROVE THE CONSENT AGENDA WITH ITEM
3.20 AMENDED AND ITEMS 3.19, 3.25 AND 3.35
REMOVED,
S M
VOTE: ~. Y 2 NP 3 NP ~ Y 5 Y (Unanimously Carried)
Regular A.ec~ nda
90-507 Items removed from the Consent Agenda for Board
consideration and action.
1. Butte County Fish & Game Commission - Sutter County
previously requested Board support of legislation
to exempt migratory bird seasons from the California
Environmental Quality Act process. The Butte County
Fish & Game Commission does not recommend Board
support for such legislation - action requested -
AUTHORIZE THE FISH AND GAME COMMISSION TO EXPLORE
THE POSSIBILITY OF SPONSORING LEGISLATION TO EXEMPT
ALL HUNTING SEASONS FROM THE CEQA PROCESS.
{SUPERVISOR DOLAN PRESENT)
MOTION: MOVE TO AUTHORIZE THE FISH AND GAME COMMISSION
TO RESEARCH LEGISLATION REGARDING THE
IMPOSITION OF THE CEQA PROCESS ON HUNTING.
S M
VOTE: 1 Y 2 Y 3 NP 4 Y 5 Y (Unanimously Carried)
90-508 Appointments - commissions and committees.
a. Appointments to committee vacancies.
MOTION: MOVE TO REAPPOINT J. MICHAEL HUTTON AND STEVEN
A. ROCCHI TO THE OROVILLE CEMETERY DISTRICT
BOARD.
M S
VOTE: 1 Y 2 Y 3 NP 4 Y 5 Y (Unanimously Carried)
Page 362
December 11, 1990
December 11, 1990
b. Appointments} to Durham Irrigation District.
MOTION: MOVE TO REAPPOINT CHARLES POOLER AND ALBERT
AMATOR TO THE DURHAM MOSQUITO ABATEMENT
DISTRICT; REAPPOINT GERALD MATTSON, TERRY
WILLIAMS AND LYNN GRELL TO RICHVALE PARKS AND
RECREATION BOARD; AND REAPPOINT IVAN SOHNREY
AND NICK GORE TO THE DURHAM IRRIGATION
DISTRICT.
M S
VOTE: 1 Y 2 Y 3 NP 4 Y 5 Y (Unanimously Carried}
90-509 Presentation of Sheriff's Deputy Richard Hamilton and
"Garfield." (HOLD UNTIL LATER IN MEETING}
90-510 Presentation by Judy Mclnturf of plaque from North Valley
Blood Center to Butte County employees for 1989 blood
drive growth. (275) (PRESENTATION BY PATTY DAVIS,
RECRUITMENT CONSULTANT, NORTH VALLEY BLOOD CENTER, OF A
PLAQUE RECOGNIZING AND HONORING BUTTE COUNTY EMPLOYEES
FOR ACHIEVING THE HIGHEST PERCENTAGE OF GROWTH AMONG ALL
BLOOD DRIVES IN 1989. JUDY MCINTURF WAS RECOGNIZED FOR
HER LEADERSHIP IN THE BUTTE COUNTY BLOOD DRIVE, AND
CHAIRMAN McLAUGHLIN ON BEHALF OF THE BOARD THANKED ALL
EMPLOYEES WHO PARTICIPATED.)
90-511 Presentation by Robert Watkins, District 3 Director of
Caltrans of an Excellence in Transportation Participation
Award plaque to Butte County. (348) (PRESENTATION BY
ROBERT WATKTNS TO WILLIAM CHEFF, PUBLIC WORKS DIRECTOR,
OF AN EXCELLENCE IN TRANSPORTATION PARTICIPATION AWARD
PLAQUE TO BUTTE COUNTY FOR OPHIR ROAD CONSTRUCTION, SOUTH
AND EAST OF MARYSVILLE.}
90-512 Presentation by Patricia A. Lemke, Executive Director,
United Way of Butte County - action requested - APPROVAL
OF A UNITED WAY BROCHURE AND PLEDGE CARD TO EACH BUTTE
COUNTY EMPLOYEE, AND APPROVAL OF THE OPPORTUNITY FOR
BUTTE COUNTY EMPLOYEES TO MAKE THEIR ANNUAL CONTRIBUTION
TO UNITED WAY THROUGH PAYROLL DEDUCTION. (405)
MOTION: MOVE FOR APPROVAL OF A UNITED WAY BROCHURE AND
PLEDGE CARD TO EACH BUTTE COUNTY EMPLOYEE, AND
APPROVAL OF THE OPPORTUNITY FOR BUTTE COUNTY
EMPLOYEES TO MAKE THEIR ANNUAL CONTRIBUTION TO
UNITED WAY THROUGH PAYROLL DEDUCTION.
S M
VOTE: l Y 2 Y 3 NP 4 Y 5 Y (Unanimously Carried)
90-513 Salary ordinance amendment - proposed is a salary
ordinance amendment implementing memorandum of
understanding compensation changes for appointed and
elected department heads - action requested - WAIVE THE
FIRST READING OF THE ORDINANCE. (498)
Page 363 December 11, 1990
December 11, 1990
MOTION: WAIVE THE FIRST READING
M S
VOTE : 1 Y 2 Y 3 NP 4 Y 5 Y
90-514 Presentation of Sheriff's Deputy
"Garfield," (SHERIFF LEROY WOOD
DEPUTY RICHARD HAMILTON AND THE
SHEPHERD DOG "GARFIELD. "} {525)
OF THE ORDINANCE.
(Unanimously Carried)
Richard Hamilton and
INTRODUCED SHERIFF'S
DEPARTMENT'S GERMAN
90-515 Salary ordinance amendment - proposed is a salary
ordinance amendment implementing memorandum of
understanding compensation changes far members of the
Board - action requested -- WAIVE THE FIRST READING OF THE
ORDINANCE. (549)
{INTRODUCTION OF MR. SOARES AND MR. GILLARD AND THEIR
SENIOR GOVERNMENT AND U.S. HISTORY CLASSES FROM GRTDLEY
UNION HIGH SCHOOL)
MOTION: MOVE TO HOLD THIS ITEM UNTIL THE FIRST MEETING
OF JANUARY, 1991.
S M
VOTE: 1 Y 2 Y 3 NP 4 Y 5 Y {Unanimously Carried)
90-516 Presentation by Lake Oroville Fish Enhancement Committee
on the new fee schedule for use of Lake Oroville State
Recreation Area and a request for Board support of
modification of their position on revision of the Flood
Control Diagram at Oroville Dam and Reservoir to include
mitigation for loss and damage of Lake Oroville fishery.
(965)
MOTION: MOVE THAT THE BOARD SUPPORT THE CONCEPT OF THE
THREE MAJOR POINTS AS PRESENTED BY THE LAKE
OROVILLE FISH ENHANCEMENT COMMITTEE (1} THAT
A PLAN OF MITIGATION BE PUT IN PLACE FOR ANY
POTENTIAL LOSS OF FISHERIES DUE TO SPILLWAY
USAGE AS A RESULT OF FLOOD CONTROL, (2) THAT
WE SUPPORT L.O.F.E.C. IN THEIR REQUEST FOR A
PORTION OF THESE FUNDS TO BE USED FOR FLOOD
CONTROL MEASURES AT OROVTLLE DAM AND RESERVOIR,
AND (3} FOR THE ENHANCEMENT OF FISHERIES THAT
WAS INITIALLY PLANNED IN THAT PROJECT THAT HAVE
NOT YET COME TO PASS AND FOR MITIGATION OF ANY
IMPACTS TO FISHERIES THAT MAY OCCUR. WE
INSTRUCT THE CHIEF ADMINISTRATIVE OFFICER TO
WRITE A LETTER IN HIS OWN WORDS AND UNDER HIS
SIGNATURE SO THAT OUR SUPPORT WILL REACH THE
PROPER AUTHORITIES TN TIME FOR THIS HEARING.
M S
VOTE: l Y 2 Y 3 NP 4 Y 5 Y (Unanimously Carried)
Page 364
December 11, 1990
December 11, __1.990
Public Hearings and Timed Items
(SUSAN MINASIAN, COUNTY COUNSEL NOT PRESENT; NEIL MCCABE,
CHIEF DEPUTY COUNTY COUNSEL PRESENT}
90~-51'7 Continued hearing - Robert Heimann - consideration of an
appeal of the Advisory Agency's denial of a tentative
subdivision map (proposed negative declaration with
environmental mitigations), AP 42-61-46, two lots,
property located on the northerly side of Bidwell Avenue
and lying approximately 200 feet south of the southerly
end of Brandonbury Lane, Chico area. (1743) (HEARING
CLOSED)
MOTION: MOVE THAT IT IS THE BOARD'S INTENT TO UPHOLD
THE APPEAL AND APPROVE THIS TWO PARCEL MAP.
M S
VOTE: 1 Y 2 Y 3 NP 4 Y 5 Y (Unanimously Carried)
RECESS: 10:26 A.M.
RECONVENE: 10:45 A.M.
{VICE CHAIR DOLAN PRESIDING; CHAIRMAN McLAUGHLIN NOT
PRESENT}
90-518 Continued hearing - Keith DiPietro - appeal of the
Advisory Agency's denial of a tentative subdivision map
(proposed negative declaration regarding environmental
impact}, AP 39-52-18, 15 lots located on the east side
of Durham-Dayton Highway and lying north of and adjacent
to the Durham Unified School District property, Durham
area. {2643} (**00) {HEARING CLOSED; GARY LEE, COHASSET,
ON BEHALF OF THE DEVELOPERS/PROPERTY
OWNERS/REPRESENTATIVES WAIVED THE CEQA DEADLINE FOR
ACTION; HEARING CONTINUED CLOSED TO JANUARY 29, 1991)
RECESS: 12:00 P.M.
RECONVENE: 12:05 P.M. (CHAIRMAN MCLAUGHLIN
PRESIDING)
90-519 Continued hearing - Butte County Board of Supervisors -
consideration of proposed negative declaration regarding
environmental impact and amendment to the Butte County
Code to repeal Article IT of Chapter 22 entitled "Parking
on property not designated as Trailer Camp, eta.," and
adding Sections 24-21.95 and 24-38 regarding camping
definitions, limitations and conditions, to Chapter 24
of the Butte County Code. (2020)
Page 365 December ].]., 1990
December 11. 1990
MOTION: MOVE TO ACCEPT RECOMMENDATION OF STAFF
MEMORANDUM DATED MAY 15, 1990, AND (A) F I N D
THAT (1) THE REQUIREMENTS OF THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT HAVE BEEN COMPLETED
AND CONSIDERED IN MAKING THIS DECISION AND
ADOPT A NEGATIVE DECLARATION., AND (2) T H E
PROPOSED ZONING CODE AMENDMENT CONFORMS TO BOTH
THE POLICIES, GOALS, AND OBJECTIVES, INCLUDING
THE TEXT AND MAP OF THE COUNTY GENERAL PLAN.
(B) ADOPT ORDINANCE 2884 AMENDING THE BUTTE
COUNTY CODE ADDING SECTION 24-21.95 AND 24-38
CREATING DEFINITIONS FOR CAMPING AND CAMP TO
READ AS FOLLOWS:
SECTION 24-21.95. CAMPING.
"OCCUPYING OR MAINTAINING FOR OCCUPANCY ANY
PLACE FOR TEMPORARY LIVING, SLEEPING, OR OTHER
HUMAN OCCUPANCY PURPOSES. "CAMPING" DOES NOT
INCLUDE: THE PARKING OR STORAGE OF AN
UNDCCUPIED AND OTHERWISE UNUSED TRAILER COACH,
RECREATION VEHICLE, OR TENT TRAILER ON A
PRIVATELY OWNED PARCEL, AS DEFINED IN SECTION
24-21,310; OCCUPYING A TRAILER COACH, OR
RECREATION VEHICLE, CONNECTED PURSUANT TO
COUNTY PERMIT TO PERMANENT SEWAGE DISPOSAL AND
WATER SUPPLY SYSTEMS; OR OCCUPYING A TRAILER
COACH OR A RECREATION VEHICLE FOR ANY ACCESSORY
USE ALLOWED IN THE APPLICABLE ZONING DISTRICT."
SECTION 24-38. CAMPING LIMITATIONS AND
PROHIBITIONS AS FOLLOWS:
"(A) NO PERSON SHALL PLACE OR PARK OR ALLOW
THE PLACING OR PARKING OF ANY TRAILER COACH,
RECREATION VEHICLE, TENT TRAILER OR TENT OR
OTHERWISE OCCUPY OR ALLOW THE OCCUPANCY OF ANY
PARCEL (AS DEFINED IN SECTION 24-21.310) FOR
THE PURPOSE OF CAMPING (AS DEFINED IN SECTION
24-21.95) ON PUBLIC OR PRIVATE PROPERTY WITHIN
THE COUNTY FOR A PERIOD IN EXCESS OF NINE DAYS
IN ANY ONE CALENDAR YEAR, EXCEPT IN AN OUTDOOR
RECREATIONAL FACILITY, CAMP GROUND, RECREATION
VEHICLE PARK, OR HUNTING/FISHING CAMP, LAWFULLY
ESTABLISHED AND MAINTAINED PURSUANT TO THIS
CHAPTER. (B) NO PERSON OR PERSONS SHALL PLACE
OR PARK ON ANY PARCEL (AS DEFINED IN SECTION
24-21.310), AT THE SAME TIME, MORE THAN A
COMBINED TOTAL OF TWO TRAILER COACHES,
RECREATION VEHICLES, TENT TRAILERS, OR TENTS,
FOR THE PURPOSE OF CAMPING (AS DEFINED IN
SECTION 24-21.95), EXCEPT IN AN OUTDOOR
Page 366
December 11, 1990
\,
~,_
December li 1990
RECREATIONAL FACILITY, CAMP GROUND, RECREATION
VEHICLE PARK, OR HUNTING/FISHING CAMP LAWFULLY
ESTABLISHED AND MAINTAINED PURSUANT TO THIS
CHAPTER. (C) NO MORE THAN TWO FAMILIES (AS
DEFINED IN SECTION 24-21.140) , SHALL OCCUPY ANY
PARCEL (AS DEFINED TN SECTION 24-21.310), AT
THE SAME TIME FOR THE PURPOSE OF CAMPING (AS
DEFINED IN SECTION 21-21.095), EXCEPT IN AN
OUTDOOR RECREATIONAL FACILITY, CAMP GROUND,
RECREATION VEHICLE PARK, OR HUNTING/FISHING
CAMP, LAWFULLY ESTABLISHED AND MAINTAINED
PURSUANT TO THIS CHAPTER."
M S
VOTE: 1 Y 2 Y 3 NP 4 Y 5 Y (Unanimously Carried)
Re ular A enda
90-520 Assembly Bill 3158 - this Bill, effective January, 1991,
establishes fees for the Department of Fish and Gagne for
their actions relating to the California Environmental
Quality Act and requires maintenance of records of
environmental documents (Notices of Determinations) by
the County Clerk - action requested - REFER TO COUNTY
CLERK, COUNTY COUNSEL, AUDITOR..CONTROLLER AND PLANNING
DEPARTMENT FOR REPORT ON IMPLEMENTATION. (2280)
MOTION: MOVE TO REFER TO THE CHIEF ADMINISTRATIVE
OFFICER, COUNTY COUNSEL, COUNTY CLERK, AUDITOR-
CONTROLLER AND PLANNING DEPARTMENT FOR REPORT
ON IMPLEMENTATION.
S M
VOTE: 1 Y 2 Y 3 NP 4 Y 5 Y (Unanimously Carried)
{SUSAN MINASIAN, COUNTY COUNSEL PRESENT)
90-521 Discussion of pre_existing nonconforming uses in County
areas .. action requested - REFER TO PLANNING COMMISSION.
(2648) (***00)
MOTION: MOVE TO REFER TO THE PLANNING COMMISSION PRE-
EXTSTING NONCONFORMING USES TN COUNTY AREAS.
S M
VOTE: l Y 2 Y 3 NP 4 Y 5 Y (Unanimously Carried)
90-522 Appeal of the denial by the Personnel Director to
establish a representation unit for deputy district
attorneys and Superior Court staff attorneys - action
requested - ADOPT PROPOSED FINDINGS, CONCLUSIONS AND
DECISION DENYING APPEAL. (170)
Page 367
December 11, 1990
December 11 1990
MOTION: MOVE TO ADOPT THE PROPOSED FINDINGS,
CONCLUSIONS, AND DECISION DENYING THE APPEAL
AMENDED TO REFLECT ON PAGE 1, LINE 19
"AUGUST 7, 1990" INSTEAD OF OCTOBER 2, 1990,
AND AUTHORIZE THE CHAIRMAN TO SIGN.
M S
VOTE: 1 Y 2 N 3 NP 4 Y 5 Y (Motion Carried)
90-523 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.) (217} (NONE)
90-524 CLOSED SESSION: The Board recessed to closed session
at 12:43 p.m. for personnel matters,
and actual litigation pursuant to
Government Code Section 5495b.9(a)
(County of Butte v. Gray, Hauselt v.
County of Butte, and Petition of
Friends of Butte County.)
RECONVENE: The Board reconvened at 12:55 p.m.
following closed session on personnel
matters and actual litigation pursuant to
Government Code Section 54956.9(a} (County
of Butte v. Gray, Hauselt v. County of
Butte, and Petition of Friends of Butte
County.) (NO ANNOUNCEMENTS}
AIR POLLUTION CONTROL DISTRICT
90-525 Recess at 12:55 p.m. as Board of Supervisors and convene
as the Air Pollution Control District Board of Directors.
CLOSED SESSION: The Board recessed to closed session
at 12:5b p.m. for a matter of actual
litigation pursuant to Government
Code Section 5495b,9(a) (Sacramento
Valley Air Basin Council.}
RECONVENE: The Board reconvened at 1:06 p.m.
following a closed session on actual
litigation pursuant to Government Code
Section 5495b.9(a) (Sacramento Valley Air
Basin Council.) (NO ANNOUNCEMENTS)
ADJOURNMENT: There being nothing further before the
District at this time, the Air Pollution
District Board of Directors adjourned at
1:Ob p.m. and reconvened as the Butte
County Board of Supervisors.
Page 368 December 11, 1990
December 11 1990
90-526
communications
Communications received and referred. (COPIES OF ALL
COMMUNTCATTONS ARE AVAILABLE TN THE CLERK OF THE BOARD
OFFICE.)
a. Joe Taylor, Oroville - requests Board consideration
of the formation of a county service area to address
the watershed of Wyman Ravine - action requested -
REFER TO PLANNING DIRECTOR.
b. Richard Price, Agricultural Commissioner - forwards
the State Office of Planning and Research's schedule
of environmental scoping sessions for environmental
impact reports to be prepared for the Department of
Food and Agriculture's statewide pest eradication
programs - action requested - INFORMATION ONLY.
c. Thomas R. Wrinkle, Sierra West Surveying -~ requests
placement on the Board's agenda for discussion of
progress and conclusions on the upper Skyway
situation north of Paradise - action requested -
REFER TO PLANNING AND PUBLIC WORKS DIRECTORS FOR
REPORT AND RECOMMENDATION.
d. Willia7ti F. Horn, Chico, et al. - submits petitions
signed by residents of the West Shasta Avenue
neighborhood indicating concern for the increased
abuse of the speed limit on Shasta Avenue - action
requested - REFER TO PUBLIC WORKS DIRECTOR FOR
REPORT AND RECOMMENDATION.
ADJOURNMENT: Thera being nothing further before the
Board at this time, the meeting was
adjourned at 1:07 p.m, to reconvene at
9:00 a.m. on Tuesday, December 18, 1990.
JANE DOLAN, CHAIR
ATTEST:
WILLIAM H. RANDO H, Chief Administrative Officer
and Clerk of Board of Supervisors
By:
Page 369
December 11, 1990