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HomeMy WebLinkAboutM022691February 26, 1991 Call to order - Board of Supervisors room, County Administration Building, 25 County Center Drive, Oroville. Supervisors Campbell, Fulton, McInturf, McLaughlin and Chair Dolan present. William H. Randolph, chief administrative officer; Susan Minasian, county counsel; and Nina Denton, deputy clerk of the Board. Pledge of allegiance to the Flag of the United States of America. 9~.-64 Item removed from the Consent Agenda for Board consideration and action. 1, National Medical Registry, Inc. - the contract provides temporary psychiatric coverage, by a psychiatric physician, as required by the Mental Health Department for a period of one year from December 18, 1990 - action requested - APPROVE CONTRACT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO COUNTY COUNSEL APPROVAL. {NO ACTION TAKEN) Consent„Agenda 91-65 1. Approval of minutes - action requested - APPROVE MINUTES OF JANUARY 29, 1991 AND FEBRUARY 5, 1991. 2. Budget transfers -action requested - APPROVE BUDGET TRANSFERS B-82 (FISH AND GAME COMMISSION), B-85 (PUBLIC WORKS}, B-88 (PUBLIC HEALTH), B-89 (PUBLIC HEALTH - MEDICAL SERVICES), B-90 (FIRE), B-91 (SHERIFF), B-92 (PERSONNEL), B-93 {SHERIFF), AND B-96 (WELFARE). 3. Durham Memorial Hall - a donation of $200 has been received from the North Valley Telephone Pioneers for the purchase of two tables for the Durham Memorial Hall - action requested - ACCEPT DONATION AND AUTHORIZE LETTER OF APPRECIATION. Page 56 February 26, 1991 Februaxy_26, 1991 91-65 4. Butte County Fire Department - a donation of $2,700 has been received from the North Chico Volunteer Fire Company for the purchase of five Monitor II pagers and related equipment. B-90 has been prepared for the necessary appropriation - action requested - ACCEPT DONATION AND AUTHORIZE LETTER OF APPRECIATION. 5. County library donations -- in accordance with Government Code Section 25355, donations have been received of $2,500 from Paradise Friends of the Library, $10,000 from Friends of the Library in Oroville, and $100 from Mrs. H. R. Davis, Paradise for the Butte County trust fund for continuing operations - action requested - ACCEPT DONATIONS AND AUTHORIZE LETTERS OF APPRECIATION. 5. County library donations - in accordance with Government Code Section 25355, donations have been received of $115 anonymously, and $500 from Lois L. Kroh, c/o First National Bank, Loveland, CO. for the Butte County trust fund for the purchase of books - action requested - ACCEPT DONATIONS AND AUTHORIZE LETTERS OF APPRECIATION. 7. Adult Day Health Care Council - action requested - APPOINT BETTY KEIR, NANCY TALLEY AND VICKI PAXTON. 8. Butte County Maternal Child and Adolescent Health Board - action requested - APPOINT ARDETH FRIDAY TO SERVE THE UNEXPIRED TERM OF SANDY SWITHENBANK TO MARCH, 1993. 9. Community Transit Advisory Committee - action requested -APPOINT RUSSELL S . MILLS TO AN UNEXPIRED TERM UNTIL 1993, THOMAS G. DIGIOVANNT AND CHERYL L. TYREE TO TERMS TO EXPIRE 1995. 10. Formation of County Service Area No. 138 (Featherview Estates) - the Local Agency Formation Commission has approved the formation of County Service Area No. 138 (Featherview Estates} to provide street lighting and storm drainage maintenance pursuant to Government Code Section 25210.14 - action requested- ADOPT RE50LUTION 91-18 AND AUTHORIZE THE CHAIR TO SIGN. Page 57 February 26, 1991 February, 26 ~, 1991 91-65 11. Final map - Copley Acres Subdivision, Unit 3, Phase III - the developer has provided an irrevocable letter of credit to guarantee maintenance of facilities for a period of one year starting February 26, 1991 on 23 lots and remaining lands, AP 36-54-18, property located on the west end of Crane Avenue and Hart Drive, Oroville area - action requested - APPROVE FINAL MAP; ACCEPT EASEMENTS AS GRANTED IN THE OWNER'S STATEMENT OF BEHALF OF THE PUBLIC; ACCEPT GRANT IN FEE SIMPLE HART DRIVE, CRANE AVENUE, HART LANE, HUNTER DRIVE AND THE ONE FOOT NO ACCESS STRIP AS OFFERED IN THE OWNER'S STATEMENT; AUTHORIZE CHAIR TO SIGN SUBDIVISION AGREEMENT; APPROVE PUBLIC ACCESS ACROSS THE ONE FOOT NO ACCESS STRIP ON HART DRIVE AS SHOWN ON COPLEY ACRES, UNIT 3, PHASE II (108 M 74), AND THE ONE FOOT NO ACCESS STRIPS ON CRANE AVENUE AND HUNTER DRIVE AS SHOWN ON THE MAP OF COPLEY ACRES, UNIT 3 , PHASE I (100 M 95 } ; AND THE ONE FOOT NO ACCESS STRIP ON HUNTER DRIVE AS SHOWN ON THE MAP OF THE KYTE SUBDIVISION (112 M 85}. 12. Final map - Waggener Subdivision - the developer has provided a cash deposit to guarantee maintenance of facilities for a period of one year starting February 14, 1991 on two lots, AP 40--10-09 and 22, property located on the southwest corner of Lott Road and Bree Court, Durham area - action requested -APPROVE FINAL MAP; ACCEPT EASEMENTS AS GRANTED IN THE OWNER'S STATEMENT ON BEHALF OF THE AGENCIES LISTED; AND AUTHORIZE CHAIR TO SIGN SUBDIVISION AGREEMENT . 13. Butte County Fire Department - Board authorization is requested to transfer $7,000 in the fixed asset account for the purchase of King hand- held portable radios to augment the existing $12,000 in the account designated for the purchase of Monitor II pagers, and purchase of an additional five Monitor II pagers and related equipment with a $2,700 donation from the North Chico Volunteer Fire Company - action requested - APPROVE PURCHASE OF FIXED ASSET ITEMS. 14. Personnel Department - Board authorization is requested to purchase an IBM compatible computer with peripheral equipment and an HP LaserJet II printer in the total amount of $4,775 to be utilized for the SIGMA TV applicant tracking System. B-92 has been prepared for the necessary appropriation - action requested - APPROVE PURCHASE OF FIXED ASSET ITEMS. Page 58 February 26, 1391 February 26. 1991 91-65 15. Award of bid 40-91 - vehicles - the Purchasing Department received and opened bads for a mini-van for Buildings and Grounds. The bids have been evaluated and the lowest bid meeting specifications is Wittmeier Ford of Chico for a Ford Aerostar in the amount of $12,022 plus tax - action requested - AWARD BID. 16. Award of bid 40-91 - vehicles - the Purchasing Department received and opened bids for a 4x4 utility pickup for the Sheriff's Department. The bids have been evaluated and the lowest bid meeting specifications is Wittmeier Ford of Chico for a Ford F150 in the amount of $14,633 plus tax - action requested - AWARD BID. 17. Sheriff's Department - Board authorization is requested for the purchase of two snowmobiles and related equipment to patrol the newly created snowpark areas above Butte Meadows, Jonesville and Stirling City. An off-highway vehicle grant has been approved by the State which will reimburse the County for the salaries of the deputies operating the snowmobiles. B-91 has been prepared transferring $20,000 from Fund 1360 (off-highway motor vehicle trust fund) to the Sheriff's Department fixed asset account for the necessary appropriation - action requested - APPROVE PURCHASE OF FIXED ASSET ITEMS. 18. Public Works Department - Board authorization is requested for the purchase of six mobile radio units estimated at $550 each for a total $3,300 from existing fixed asset funds - action requested - APPROVE PURCHASE OF FIXED ASSET ITEMS. 19. Public Works Department - Board authorization is requested to purchase a new all wheel drive motor grader through the State bid process for slightly under $100,000, approximately $2,500 less than paid for an identical used grader earlier this fiscal year. Funds are available in the Road Operations Contingency Fund. B-85 has been prepared for the necessary appropriation -action requested - APPROVE PURCHASE OF FIXED ASSET ITEM. Page 59 February 26, 1991 February 26, 1991 91-55 20. Relief from accountability for departments of items of fixed asset equipment that have been deemed destroyed, damaged, stolen or unlocatable pursuant to Government Code Section 29390 and Board resolution 75-177 as follows: County Assessor (asset no. M-2787) in the amount of $52.95; County Counsel (asset no. M-14272) in the amount of $143.73; Chief Probation Officer (asset nos. 2711, 2747, 14256, 14257, 14293, and M-00275) in the total, amount of $1,113.89; Agricultural Commissioner (asset nos. 1045 and M-01064) in the total amount of $173.74; Fish and Game Commission {asset nos. 10301 and 10305) in the total amount of $1,793; Public Works Director (asset nos. 11645, 19552, 12257, 19551, 17100, 2147, 9184, 15462, 15466, 15368, 1493.2, 987, 9189, 988, 14586, 17658, 9174, 12590, M-01970 and 911) in the total amount of $27,938.96; Public Health Department (asset nos. 12459 and 12512) in the total amount of $783.45; Mental Health Department (asset nos. 13707, 14325, 7549, 15177, 15183, 15204, 15216, 15219, 35220, 15221) in the total amount of $2,007.37; Welfare Department - GAIN (asset no. M-02755) in the amount of $261.48; Farm Advisor (asset no. 9065) in the amount of $140.00; Buildings and Grounds {asset nos. 15439, 15441, 04783, 11863, 15456, 15495, 06541, 13981, 13982, 03582, 10328, 02919, 11850, 12012, 06541, 13326, 13332, 11863, 14604, 11861, 03574, 15339, 01212, 11852, 08001, 09026) in the total amount of $6,169.57; Stores (asset no. M-01232} in the amount of $168.19; Air Pollution Control {asset no. 10569) in the amount of $610.30; and Sheriff (asset nos. 11721, 12783, 12785, 12785, 14043, 14693, 15345, 17137, 17141, 3.7144, 17145, 17147, 17396, 17751, 18944, 03704, 00455, 03047) in the total amount of $6,698.67. The district attorney and auditor-controller support the requests - action requested - APPROVE RELIEF FROM ACCOUNTABILITY. 21. Investment information report - the Treasurer/Tax Collector submits the January 31, 1991 report in accordance with AB 1073 and the County's investment policy - action requested -ACCEPT FOR INFORMATION. Page 60 February 26, 1991 Febru~ 26, 1991 91-65 22. Adoption of salary ordinance amendment - Public Works Department - proposed as part of the final budget package was the creation of a solid waste manager position for the purpose of managing the Neal Road Sanitary Landfill. A completed classification study reveals that the most applicable classification for this position is civil engineering, associate (range 56) and senior {range 59). In addition, due to increased workload and the availability of additional revenues as a result of the Gas Tax Initiative, an additional civil engineering position of associate (range 56) or assistant (range 50) is requested - action requested - ADOPT ORDINANCE 2910 AND AUTHORIZE THE CHAIR TO SIGN. 23. Introduction of salary ordinance amendment - Administrative Office, Self-Insurance Section - the establishment of a position of safety officer was requested as part of the final budget package. A classification study has been completed and the appropriate internal alignment established at salary range 54 - action requested - WAIVE READING OF THE ORDINANCE, 24. Introduction of salary ordinance amendment - due to administrative oversight, same requested changes to the staffing of certain positions within the District Attorney's Office and the Mental Health Department were not correctly reflected in the salary ordinance - action requested - WAIVE READING OF THE ORDINANCE. 25. Introduction of salary ordinance amendment - Buildings and Grounds Section - proposed as part of the final budget package was the creation of the positions of senior building crafts worker and supervising building crafts worker. A completed classification study determined the appropriate internal salary alignment at range 40 for senior building crafts worker and salary range 44 for supervising building crafts worker. All positions within the series were evaluated for appropriate internal alignment, and it is recommended that the assistant buildings and grounds position be realigned at salary range 48 instead of 42 - action requested - WAIVE READING OF THE ORDINANCE. Page 61 February 26, 1991 Febru~~ 26. 1991 91-65 26. Introduction of salary ordinance amendment - proposed is a salary ordinance amendment implementing the general unit portion of the completed Sheriff's Department classification study which indicates a need for a specialized Sheriff's clerk classification series as well as salary adjustments to bring all positions into appropriate internal alignment. Included in the ordinance amendment is the implementation of a portion of the Sheriff's reorganization plan with the creation of two new classifications of Sheriff's records and warrants manager at range 40, and supervising correctional officer at range 93. Board authorization is requested fora temporary Sheriff's clerk III position until such time as the position of Sheriff's records and warrants manager is filled by internal departmental promotion - action requested - WAIVE READING OF THE ORDINANCE. 27. Introduction of ordinance amending Section 15-82 of Article III of Chapter 15 of the Butte County Code regarding work permit applications for cardroom employees - action requested - WAIVE READING OF THE ORDTNANCE. 28. Congestion Management Planning Agency for Butte County and the cities of Chico, Oroville, Gridley and Biggs and the Town of Paradise - action requested - ADOPT RESOLUTION 91-20 AND AUTHORIZE THE CHAIR TO SIGN DESIGNATING BUTTE COUNTY ASSOCIATION OF GOVERNMENTS (BCAG) AS THE CONGESTION MANAGEMENT PLANNING AGENCY FOR BUTTE COUNTY. 29. Procedure and standards far requesting exemption from the requirement that every agency adopt and promulgate a conflict of interest code - proposed is a resolution adopting the procedure and standards of the Fair Political Practices Commission for review of requests for an exemption from the requirement that every agency adopt and promulgate a conflict of interest code (G.C. 87300). Included in the resolution is a form designated as the "Request for Exemption" form - action requested - ADOPT RESOLUTION 91-21 AND AUTHORIZE THE CHAIR TO SIGN. Page 62 February 26, 1991 February 26, 1991 91-65 30. Right-of-way exchange (a portion of Daly Avenue for an addition to Daly Avenue right-af-way) - Southpointe Partners, tentative parcel map, 37 parcels, AP 27-13-09, 12 and 13, and AP 27--18-11 and 15, property located west of Spur Avenue and Apache Hill Road and east of Rail Bridge Road, Alta Mira Lane and Nora Way, Palermo area. This right-af-way is to be exchanged with Southpointe Partners, Leroy H. Schieler and H. Joyce Schieler for another Daly Road right-of-way - action requested - APPROVE AGREEMENT FOR EXCHANGE OF REAL PROPERTY; ADOPT RESOLUTION 91-22; AND AUTHORIZE CHAIR TO SIGN AGREEMENT AND QUIT CLAIM DEEDS. 31. Craig and Shepherd - proposed is a renewal agreement to retain attorney services at a rate of $75 per hour for a term of one year from execution of agreement - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. 32. City of Biggs - proposed is a lease agreement in the amount of $1 wherein the city leases its fire engine, utility vehicle and all other fire department related equipment to the County for the period January 1, 1991 until June 30, 1991 - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF AUDITOR- CONTROLLER. 33. Maureen Balaam contract - the contract provides clinical services for the Youth Treatment Program from February 27, 1991 through June 30, 1993. in the maximum amount of $11,800 - action requested - APPROVE CONTRACT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF AUDITOR-CONTROLLER AND COUNTY COUNSEL. 34. California State University, Chico - proposed is an amendment to the existing student work experience agreement from April 4, 1990 through April 4, 1994 to allow for the continuation of a work experience program for college students - action requested - APPROVE AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL. Page 63 February 26, 1991 Februa 26 1991 91-65 35. 1990/91 standard agreement for County health services - proposed is an agreement prepared by the State pursuant to California Welfare and Institutions Code Sections 16700-16713. In consideration for completing the conditions identified in the agreement, the State will reimburse a maximum of $1, 669, 733 to cover a portion of the costs of County health services during 1990/91 - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF AUDITOR-CONTROLLER AND COUNTY COUNSEL. 36. Capital Outlay Plan - proposed are agreements (Biggs-Gridley Hospital, $98,000; Oroville Hospital, remodel emergency room, $21,393; Oroville Hospital, communication enhancement, $32,490; Oroville Hospital, life support vehicle, $45,000; Oroville Family Health Center, remodel outpatient clinic, $10,139; and Gridley Family Health Center, outpatient clinic, $57,981) wherein the County will make available Tobacco Tax Initiative funds in accordance with the Capital Outlay Plan previously approved by the Board. These 100 percent State funds are specifically earmarked for capital expenditures associated with hospital emergency rooms or outpatient clinics - action requested - APPROVE AGREEMENTS AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF AUDITOR CONTROLLER AND COUNTY COUNSEL. 37. Northern Sacramento Valley Rural Health Project - the State has made available $45,777 in 100 percent County Medical Services Program (CMSP) monies far dental clinics serving low-income residents to purchase dental equipment to enhance the availability of dental services for low-income residents. The agreement commences with the date of execution through December 31, 1991 - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. 38. 1992/93 Off-Highway Vehicle (O.H.V.) Grant - Board authorization is requested to make application to the State O.H.V. Commission for continued funding in the amount of $12,000 for two part-time deputies in the amount of $12,000 to patrol the Butte Meadows, Jonesville, and Stirling City areas on snowmobiles - action requested - ADOPT RESOLUTION 91-23 AND AUTHORIZE THE CHAIR TO SIGN. Page 64 February 26, 1991 February 25, 1991 91-65 39. Adult Day Health Care Council - requests a formal name change to Long Term Care Council stating that the objective of implementing adult day health care programs in Butte County has been accomplished with the establishment of two such facilities in Chico and Paradise - action requested - GRANT NAME CHANGE. 40. Findings of Board of Supervisors regarding amendment of Chapter 21 to the Butte County Code to provide for the recovery of property tax administration costs to include new sections 21-1.3; 21-1.3.1; 21- 1.3,2; 21-1.3.3; 21-1.3.4; 21-1.3.5; and 21- 1.3.6 - action requested - ADOPT FINDINGS. 41. Oroville Mosquito Abatement District - request far exemption from the requirement to adopt and promulgate a conflict of interest code (G,C. 87300) - action requested - DENY REQUEST FOR EXEMPTION AND ESTABLISH MAY 1, 1991 AS THE DEADLINE FOR SUBMISSION BY THE DISTRICT OF A PROPOSED CONFLICT OF INTEREST CODE. 42. Advanced step hiring - 5heriff's Office -Board authorization is requested to hire a typist clerk TI at range 17, step 3 - action requested - AUTHORTZE ADVANCED STEP HIRING. MOTION: MOVE TO APPROVE THE CONSENT AGENDA WITH REMOVAL OF ITEM 3.33. M S VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried) Re ular A enda 91-66 Appointments - commissions and committees. a. Appointments to committee vacancies. MOTION: MOVE THAT LOUIS CAMENZIND, JR. BE REAPPOINTED TO THE SURFACE MINING AGGREGATE OPERATIONS COMMITTEE. M S VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried) Page 65 February 26, 1991 February 26, 1991 b. Interagency Children's Services Coordination Council - action requested - APPOINT THE MENTAL HEALTH DIRECTOR TO DEVELOP AN INTERAGENCY CHILDREN'S SERVICES COORDINATION COUNCIL PURSUANT TO SB 997. 91-67 MOTION: MOVE TO APPOINT RON ERICKSON, DIRECTOR OF MENTAL HEALTH TO DEVELOP AN INTERAGENCY CHILDREN'S SERVICES COORDINATION COUNCIL PURSUANT TO SB 997 AND DESIGNATE SUPERVISOR CAMPBELL AS BOARD REPRESENTATIVE. M S VOTE: ]. Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried} Air Pollution Control District Recess at 9:15 a.m. as Board of supervisors and convene as the Air Pollution Control District Board of Directors. 91-68 Introduction of Gina Facca, Acting Air Pollution Control Officer. Consent Ac,~enda 91--59 A. Approval of minutes - action requested - APPROVE MINUTES OF FEBRUARY 5, 1991. B. Organization of Air Pollution Control District - a resolution has been prepared relating to the position of Air Pollution Control Officer - action requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. MDTTON: MOVE TO APPROVE MINUTES OF FEBRUARY 5, 1991 AND ADOPT RESOLUTION 91-02 RELATING TO POSITION OF AIR POLLUTION CONTROL OFFICER AND AUTHORIZE THE CHAIR TO SIGN. M S VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried} ADs7'OURNMENT: There being nothing further before the District at this time, the Air Pollution Control District Board of Directors adjourned at 9:24 a.m. and reconvened as the Butte County Board of Supervisors, Page 66 February 25, 1991 February 26, 1991 Regular,Agenda 91-70 Request for reestablishment of the assistant chief administrative officer position -action requested -ADOPT ORDINANCE AND AUTHORIZE THE CHAIR TO SIGN. MOTION: MOVE TO ADOPT ORDINANCE 2911 AND AUTHORIZE THE CHAIR TO SIGN. 5 M VOTE: 1 Y 2 Y 3 Y 4 N 5 Y (Motion carried) 91-71 Report by the Chief Administrative Officer on trial court funding program - action requested - ADOPT RESOLUTION OPTING INTO THE TRIAL COURT FUNDING PROGRAM FOR FISCAL YEAR 1991/92 AND AUTHORIZE THE CHAIR TO SIGN. (922) MOTION: MOVE TO ADOPT RESOLUTION 91-24 TO OPT INTO TRIAL COURT FUNDING FOR FISCAL YEAR 1991/92; ADOPT AN AGREEMENT WITH THE JUDGES WITHOUT THE PARAGRAPHS GUARANTEEING A LEVEL OF SERVICE AND AUTHORIZE THE CHAIR TO SIGN. S M VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried} 91-72 South County Municipal Court - report from the Board of Supervisors Courthouse Construction Committee on recommendation to locate the new court at County Center - action requested: (A} SELECT COUNTY CENTER AS THE SITE FOR THE NEW SOUTH COUNTY MUNICIPAL COURT BUILDING; AND (B) APPROVE CONTRACT AMENDMENT WITH PLANNING CONCEPTS OF NEVADA CITY IN THE AMOUNT OF $10,225 TO PREPARE THE INITIAL ENVIRONMENTAL STUDY ON THE SITE. MOTION: MOVE TO CALENDAR THIS 90 DAYS OR SOONER FOR A DEFINITIVE PROPOSAL FROM THE CITY OF OROVILLE. M S VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried) 91-73 District Attorney - report and recommendation from Chief Administrative Officer on the options of meeting the District Attorney's Oroville office space needs. {CONTINUED TO 3-5-91) Public Hearng_and Timed Items 9~.-74 Public hearing - renaming a private road in the Oroville area from Oroville-Quincy Highway (portion) (Heritage Road to end} to Heritage Road (extension} - action requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIRMAN TO SIGN. {2976) Page 67 February 26, 1991 Febrllarv 26 , 1991 MOTION: MOVE TO RENAME A COUNTY ROAD TO HERITAGE ROAD, ADOPT RESOLUTION 91-28 AND AUTHORIZE THE CHAIR TO SIGN. M S VOTE: ~. Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried) 91-75 Continued hearing - Bruce Oliver - consideration of a rezone (proposed negative declaration with mitigation measures regarding environmental impacts) from "U" unclassified to TM-5 (timber mountain - five acre parcels}, property located on both sides of Blackberry Road approximately 800 feet north of Crown Point Road and approximately 1/2 mile east of Crown Paint Road and State Highway 32 intersection, identified as AP 056-040- 027, northeast of Chico. MOTION: ACCEPT THE RECOMMENDATIONS OF THE PLANNING COMMISSION ON AUGUST 9, 1990; MAKE THE FINDINGS LISTED UNDER "A", "B", AND "C"; AND MOVE AS OUTLINED UNDER "D" AND "E" INCLUDING ALL OF THE CONDITIONS NUMBERED 1 THROUGH 6, AND (A) FIND THAT 1} AN INITIAL STUDY WAS COMPLETED IN COMPLIANCE WITH CEQA; 2) SAID STUDY AND COMMENTS RECEIVED THEREON IDENTIFIED POTENTIALLY SIGNIFICANT ENVIRONMENTAL IMPACTS WHICH THE PROJECT MAY HAVE HAD, BUT WILL NOT IN THIS CASE BECAUSE OF THE ADOPTED MITIGATION MEASURES ATTACHED; AND (B) FIND THAT THE ENVIRONMENTAL DOCUMENTS TOGETHER WITH ANY COMMENTS RECEIVED DURING THE PUBLIC REVIEW PROCESS HAVE BEEN REVIEWED AND CONSIDERED, AND ADOPT A NEGATIVE DECLARATION WITH MITIGATION MEASURES ATTACHED; AND (C) FIND THAT THE PROPOSED REZONE CONFORMS TO THE POLICIES, INCLUDING THE TEXT AND MAP, OF THE BUTTE COUNTY GENERAL PLAN; AND (D) ADOPT ORDINANCE 2913 REZONING TO TM-10 THAT PROPERTY IDENTIFIED AS AP 056-040-027 {BRUCE OLIVER); AND {E) ADOPT RESOLUTION 91-25 APPROVING A CONDITIONAL ZONING AGREEMENT FOR AP 056-040-027 SUBJECT TO THE FOLLOWING CONDITIONS: 1) LIMIT NEW DRIVEWAY GRADES TO 10~; 2) INSTALL CULVERTS WHERE ROADS AND DRIVEWAYS CROSS NATURAL DRAINAGE CHANNEL; 3) INSTALL ROCK RIPRAP AND MANMADE ROADSIDE DRAINAGE TO MINIMIZE WATER VELOCITY AND TRAP SEDIMENT WHICH SHALL INCLUDE EXISTING DRAINAGE CHANNELS; 4} DESIGNATE A 100 FOOT NO- DEVELOPMENT SETBACK FROM THE TOP OF THE BANK OF LITTLE CHICO CREEK (NO STRUCTURES, VEGETATION REMOVAL, OR SOIL DISRUPTION WILL BE ALLOWED IN THIS ZONE); 5} AUTOMATIC FIRE SUPPRESSION SPRINKLER SYSTEMS SHALL BE INSTALLED IN ALL NEW RESIDENTIAL STRUCTURES IN ACCORDANCE WITH THE NATIONAL FIRE PROTECTION Fage 68 February 26, 1991 Febru. 26. 1991 91-75 ASSOCIATIONS STANDARDS AS OUTLINED BY ARTICLE 13d TO AID IN THE DETECTION AND CONTROL OF RESIDENTIAL FIRES AND THUS PROVIDE IMPROVED PROTECTION AGAINST INJURY, LIFE LOTS, PROPERTY DAMAGE, AND REDUCE THE DEMAND FOR COUNTY FIRE PROTECTION SERVICES, 6) APPLICANT MUST ALSO COMPLY WITH ALL OTHER APPLICABLE STATE AND LOCAL STATUTES, ORDINANCES AND REGULATIONS. M S VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried) 91-76 Public hearing - George and Laila Chandy - consideration of a rezone (proposed negative declaration regarding environmental impact) to A-20 (agricultural, 20 acre minimum parcels) and A-40 (agricultural, 40 acre minimum parcels) from A-5 (agricultural, five acre minimum parcels, property located on both sides of Lupine Meadows Road, approximately 4,200 feet north from Lupine Meadows Road and Los Verjeles Road, identified as AP 028-230-004, east of Bangor. (CONTINUED HEARING CLOSED TO MARCH 19, 1991) MOTION: FIND THAT THE REQUIREMENTS OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT HAVE BEEN COMPLETED AND CONSIDERED IN MAKING THIS DECISION AND ADOPT A NEGATIVE DECLARATION. M S VOTE: 1 Y 2 Y 3 Y ~ Y 5 Y (Unanimously carried) 91-77 Public hearing - Lands End Real Estate -consideration of a rezone (proposed negative declaration with mitigation measures regarding environmental impact) to PUD (planned unit development) from C-2 (general commercial) and A-R (agricultural--residential), property located at the northwest corner of Renshaw Avenue and Esplanade, identified as AP 006-370-011, Chico, MOTION: ACCEPT THE RECOMMENDATIONS OF STAFF MEMO DATED JANUARY 2, 1991; MAKE THE FINDINGS LISTED UNDER "A; AND MAKE THE MOTION LISTED UNDER "B" AND "C" INCLUDING ALL OF THE CONDITIONS NUMBERED 1 THROUGH 29 AS LISTED TN THE MINUTES OF JANUARY 10, 1991; 1) AN INITIAL STUDY HAS BEEN COMPLETED IN COMPLIANCE WITH CEQA. 2) SAID STUDY AND COMMENTS RECEIVED THEREON IDENTIFIED POTENTIALLY SIGNIFICANT ENVIRONMENTAL EFFECTS THAT THE PROJECT MAY HAVE HAD BUT: a) REVISIONS IN THE PROJECT PLANS OR PROPOSALS MADE BY OR AGREED TO BY THE APPLICANT WOULD AVOID SUCH EFFECTS OR MITIGATE SUCH EFFECTS TO A POINT WHERE- CLEARLY NO SIGNIF=CANT EFFECTS WOULD OCCUR, AND; B) THERE IS NO EVIDENCE BEFORE THE COUNTY THAT THE PROJECT AS REVISED MAY HAVE A SIGNIFICANT EFFECT ON THE ENVIRONMENT. B) RECOMMEND THE BOARD OF SUPERVISORS ADOPT A Page 69 February 26, 1991 Febru. 26. 1991 91-77 NEGATIVE DECLARATION WITH MITIGATION MEASURES AND ADOPT ORDINANCE 2912 ZONING TO PUD THAT PROPERTY IDENTIFIED AS AP 006-370-011 {LANDS END REAL ESTATE) ; AND C) RECOMMEND THE BOARD OF SUPERVISORS GIVE TENTATIVE SUBDIVISION MAP APPROVAL ON THE PROPERTY IDENTIFIED WITHIN r'Br' ABOVE, SUBJECT TO THE FOLLOWING CONDITIONS AND MITIGATION MEASURES (M) INCLUDING EXHIBIT "A:; 1} THE APPLICANT WILL BE REQUIRED TO CONTRIBUTE $75.00 PER LOT TO THE WEST SIDE FIRE STATION FUND AT TIME OF BUILDING PERMITS. (M} 2) THE "UNDEVELOPED REMAINING LAND" SHALL BE SUBJECT TO FULL PUD PROCESSING STEPS AND FEES IN EFFECT AT THE TIME OF SUBMITTAL OF ANY DEVELOPMENT PROPOSAL FOR THE SUBJECT LAND {FULL ENVIRONMENTAL REVIEW SHALL ALSO BE REQUIRED). 3) THE "UNDEVELOPED REMAINING LAND" SHALL PROVIDE FOR A CONSISTENT ARCHITECTURAL AND LANDSCAPING THEME WITH PHASES T AND II. ADEQUATE BUFFERING AND/OR SCREENING MAY BE REQUIRED FOR ADJACENT RESIDENTIAL USES. 4) ALL LANDSCAPING PLANTED WITHIN THE STORM DRAIN EASEMENT SHALL HAVE NON-INTRUSIVE ROOT SYSTEMS. 5 ~ MEET ALL COUNTY FIRE DEPARTMENT REQUIREMENTS FOR HYDRANT INSTALLATION AND OTHER STANDARDS. 6) MEET THE REQUIREMENTS OF THE UTILITY COMPANIES (I.E. PG &E, PACIFIC TELEPHONE, WATER, SEWER}. 7) THE APPLICANT MUST ALSO COMPLY WITH ALL OTHER APPLICABLE STATE AND LOCAL STATUTES, ORDINANCES, AND REGULATIONS. 8 } MEETING THE REQUIREMENTS OF THE BUTTE COUNTY MOSQUITO ABATEMENT DISTRICT. 9) MEET THE REQUIREMENTS OF THE CALIFORNIA STATE REGIONAL WATER QUALITY CONTROL BOARD INCLUDING THE BASIN PLAN AMENDMENT SEPTIC TANK PROHIBITION ORDER LIMITING SEWAGE FLOWS SERVED BY SEPTIC TANKS TO 334 GALLONS PER ACRE PER DAY. 10) TN ACCORDANCE WITH REQUIREMENTS OF THE BUTTE COUNTY NITRATE ACTION PLAN: CONNECT TO A PUBLIC SEWER IF PRACTICAL AND FEASIBLE. A DETERMINATION THAT IT TS NOT FEASIBLE SHALL BE WITH THE CONCURRENCE OF THE REGIONAL WATER QUALITY CONTROL BOARD. 11) IF CONNECTION TO A PUBLIC SEWER IS NOT PRACTICAL AND FEASIBLE: a) PLACE A NOTE ON THE MAP THAT STATES "BUTTE COUNTY PERMITS FOR THE INSTALLATION OF INDIVIDUAL SEPTIC SYSTEMS SHALL REQUIRE THE CONSTRUCTION OF SEWER LATERALS TO THE PROPERTY LINE FOR FUTURE PUBLIC SEWER CONNECTION". b} PLACE A NOTE ON THE MAP THAT STATES "LOTS WITHIN THIS SUBDIVISION ARE SUBJECT TO SEWAGE FLOW RESTRICTION THAT PRECLUDE HIGH WATER USE BUSINESS ACTIVITIES". c) PROVIDE ARTICLES OF INCORPORATION FOR THE PROJECT THAT SPECIFY MAXIMUM ALLOWABLE DOMESTIC SEWAGE FLOWS PER PARCEL APPROVED BY THE REGIONAL WATER QUALITY Page 70 February 26, 1.991 Febru, 26. 1991 91-77 CONTROL BOARD, WITHIN THE ARTICLES OF INCORPORATION, PROVIDE FOR CHANGES RELATIVE TO SEWAGE DISPOSAL TO BE WITH THE CONCURRENCE OF THE REGIONAL WATER QUALITY CONTROL BOARD. d) RECORD THE REQUIRED FUTURE SEWER SERVICE AND STORM DRAINAGE AGREEMENTS IN COMPLIANCE WITH THE NITRATE ACTION PLAN, e) PROVIDE THE REMAINING LANDS TO EXIST AS PROJECT COMMON AREA TO MAINTAIN MAXIMUM ALLOWABLE SEWAGE FLOWS OR OTHERWISE PROVIDE FOR COMPLIANCE WITH THE REGIONAL WATER QUALITY CONTROL BOARD SEPTIC TANK PROHIBITION ORDER AND THE NITRATE ACTION PLAN. ~) PROVIDE ARTICLES OF INCORPORATION ADEQUATE TO INSURE THE MAINTENANCE AND REPAIR OF THE SEPTIC TANKS. 12) PROVIDE A LETTER OR OTHER DOCUMENTATION FROM CALIFORNIA WATER SERVICE COMPANY STATING THAT THEY ARE WILLING AND ABLE TO SUPPLY DOMESTIC WATER TO THE PROJECT. 13} PLACE A NOTE ON THE MAP THAT STATES "DEVELOPMENT OF PARCELS WITHIN THE PROJECT WILL REQUIRE CONNECTION TO A PUBLIC WATER SUPPLY". 14} SUBMIT ROAD AND DRAINAGE PLANS TO THE DEPARTMENT OF PUBLIC WORKS FOR APPROVAL AND INSTALL THE REQUIRED FACILITIES. 15) PROVIDE 20 FOOT RADIUS PROPERTY LINE RETURNS AT ALL STREET INTERSECTIONS. 16) PROVIDE RIGHT-OF-WAY FOR STANDARD NO. S-5 AT ALL STREET INTERSECTIONS. 17} INDICATE A 50 FOOT BUILDING SETBACK LINE FROM THE CENTERLINE OF HENSHAW AVENUE AND A 55 FOOT BUILDING SETBACK LINE FROM THE CENTERLINE OF ESPLANADE. 18) STREET SIGNS SHALL BE PROVIDED BY THE DEVELOPER AT ALL STREET INTERSECTIONS PER COUNTY REQUIREMENTS. (SUBMIT 5 ALTERNATE NAMES FOR EACH STREET TO THE COUNTY ADDRESS COORDINATOR FOR APPROVAL OF STREET NAMES.} 19) DEED 30 FEET FROM THE CENTERLINE OF HENSHAW AVENUE TO THE COUNTY OF BUTTE. 20) CONSTRUCT ONE-HALF STREET SECTION ON HENSHAW AVENUE TO RS-2A ROAD STANDARD WITH VERTICAL CURB, GUTTER, AND SIDEWALK AND 2" AC, 8" AB, SC 250 PRIME, FOG SEAL AND 95~ RELATIVE COMPACTION. 21) PROVIDE MONUMENTATION AS REQUIRED BY THE DEPARTMENT OF PUBLIC WORKS IN ACCORDANCE WITH ACCEPTED STANDARDS. 22} STREET GRADES AND OTHER FEATURES SHALL COMPLY WITH THE BUTTE COUNTY ORDINANCES, DESIGN RESOLUTION AND OTHER ACCEPTED ENGINEERING STANDARDS. 23) PROVIDE PERMANENT SOLUTION FOR DRAINAGE. 24) ALL EASEMENTS OF RECORD TO BE SHOWN ON THE FINAL MAP. 25) STREET LIGHTING SHALL BE PROVIDED IN ACCORDANCE WITH BUTTE COUNTY REQUIREMENTS, ACCEPTED DESIGN CRITERIA, AND RECOMMENDATIONS OF PG&E. 26) SUBMIT SITE DEVELOPMENT PLAN TO DEPARTMENT OF PUBLIC WORKS FOR APPROVAL AND INSTALL THE REQUIRED FACILITIES. 27) MEET THE REQUIREMENTS OF THE UTILITY COMPANIES (I.E. Page 71 February 26, 1991 Febru. 2b, 1991 91-77 PG&E, PACIFIC TELEPHONE, WATER, SEWER}. 28) PAY ANY DELINQUENT TAXES OR CURRENT TAXES AS REQUIRED, 29) DEVELOPER SHALL PROVIDE ALL REQUIRED TRAFFIC SAFETY SIGNS, INCLUDING STOP SIGNS. S M VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y {Unanimously carried) 91-78 Continued hearing - Anderson Brothers Corporation - consideration of an appeal of the requirement for an Environmental Impact Report for a General Plan Amendment from agricultural residential to commercial and rezone from SR-1 (suburban residential - one acre parcel} - to C-2 {general commercial), property located on the east side of Highway 99, approximately 200 feet north of Wilson Landing Road and Highway 99, identified as AP 047- 270-027 and 023, Chico. {HEARING OPENED AND CONTINUED OPEN TO MARCH 19, 1991 AT 10:45 A.M.) Regular Agenda 91-79 Consideration of acceptance of a 1974 Cessna, Model 185, four passenger airplane forfeited as a result of a multi-state narcotic investigation - action requested - ACCEPT AS FIXED ASSET. MOTION: MOVE TO ACCEPT A 1974 CESSNA, MODEL 185 AS A FIXED ASSET ITEM. S M VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y {Unanimously carried} (SUPERVISOR MCLAUGHLIN NOT PRESENT} 91-80 Closed 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. MOTION: MOTION OF INTENT TO APPROVE THE SUBDIVISION MAP WITH ROAD ALIGNMENTS RECOMMENDED BY PUBLIC WORKS. REFER IT BACK TO PUBLIC WORKS DIRECTOR TO SUBMIT THE MAP WITH ALL THE CONDITIONS OF THE ENVIRONMENTAL FINDINGS, S M VOTE: l Y 2 Y 3 Y 4 NP 5 Y (Unanimously Carried) {SUPERVISOR MCLAUGHLTN PRESENT) 91-81 California Housing Rehabilitation Program - Owner- Occupant (CHRP-O} grant application - action requested - POSTPONE SUBMITTING APPLICATION. MOTION: MOVE TO POSTPONE SUBMITTING APPLICATION. S M VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried) Page 72 February 26, 1991 Febru~ ~ 26, 1991 91-82 County Service Area No. 87 (Keefer Road/Rock Creek Drainage} -- consideration of the provision of additional types of extended services, specifically planning, being provided within County Service Area No, 87 (Keefer Road/Rock Creek Drainage) -- action requested - REFER THE MATTER TO LAFCO FOR REVIEW, AND DIRECT STAFF TO PREPARE AND SUBMIT AN APPLICATION OR DOCUMENTATION AS NECESSARY. MOTION: MOVE TO REFER THE MATTER TO LAFCO FOR REVIEW, AND DIRECT STAFF TO PREPARE AND SUBMIT AN APPLICATION OR DOCUMENTATION AS NECESSARY, S M VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried) 91-83 Update by the Chief Administrative Officer on Sacramento/legislative activities. (REPORT BY WILLIAM H. RANDOLPH, CHIEF ADMINISTRATIVE OFFICER) 91-84 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.) 1. Thomas Shea, Oroville - request to forward a letter to Judicial Council acknowledging that the Sutte County Board of Supervisors is aware that Mr. Shea is applying for a court appointed special advocate program for Butte County for abused children. MOTION: MOVE THAT THE NEED FOR ACTION AROSE AFTER THE PUBLICATION OF THE AGENDA. M S VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried) MOTION; AUTHORIZE THE CHAIR TO SIGN A LETTER THAT ACKNOWLEDGES MR. SHEA IS APPLYING FOR A GRANT THROUGH JUDICIAL COUNCIL AND THAT THE BOARD APPROVES HIS APPLYING TO JUDICIAL COUNCIL FOR FUNDING FOR A SPECIAL ADVOCATE PROGRAM. S M VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried) 91-85 CLOSED SESSION: The Board recessed to closed session at 11:30 a.m. for personnel matters and litigation (Pickel v. County of Butte, Aldax v. County of Butte, Midway Orchards v. County of Butte, County of Butte v. Vandegrift, County of Butte v. Ielati and County of Butte v. Bach pursuant to Government Code Section 54956.9 (a) .) Page 73 February 26, 1991 Febru. 26, 1991 RECONVENE: The Board reconvened at 12:30 p.m. following a closed session an personnel matters, and litigation (Picket v. County of Butte, Aldax v. County of Butte, Midway Orchards v. County of Butte, County of Butte v. Vandegrift, County of Butte v. Ielati and County of Butte v. Bach pursuant to Government Code Sectian 54956.9 (a}.} (NO ANNOUNCEMENTS) Communications 91-86 Communications received and referred. (COPIES OF ALL COMMUNICATIONS ARE AVAILABLE TN THE CLERK OF THE BOARD OFFICE.) a, Myron Openshaw, G & M Ranches, Inc. , Oroville - submits a request for closure of Gerald Circle, located 1/2 mile north of Highway 70 off Clark Road, and deeded to G & M Ranches, Inc. for the sum of $300 - action requested - REFER TO PUBLIC WORKS DIRECTOR. b. James T. Allen, Ph.D., Chief Alternative Technology Division, Toxic Substances Control Program, State Department of Health Services - forwards notice of availability of grant funds for counties (SB 2111), and seeking proposals from counties interested in obtaining funds to develop and implement a small business pilot program for hazardous waste management - action requested - REFER TO PUBLIC WORKS DIRECTOR AND SOLID/HAZARDOUS WASTE ADVISORY COMMITTEE. c. C. W. McComas, Executive Director, Oroville Rescue Mission - notifies the Board of their development of an application to the State Department of Housing and Community Development for funds under the Emergency Shelter Program (Proposition 84}, which requires a report of emergency housing from the locality in which the project is to be located - action requested - REFER TO PLANNING DIRECTOR. d. Mrs. Roy E. Skinner, Paradise - writes regarding her pending purchase of two parcels, AP 66-51-7 and 8, for the building of a single family dwelling which she has been told is nonbuildable because of a 30 percent slope (sanitation measures) - action requested -- REFER TO ENVIRONMENTAL HEALTH DEPARTMENT. Page 74 February 26, 1991 Febr~ 26, 1991 e. Gary N. Cottrell, Chief Administrative Officer, County of Riverside - writes in his position of County Government Chairman of the United States Savings Bonds program, urging County employees to participate in this year's 50th Anniversary campaign - action requested -REFER TO CHIEF ADMINISTRATIVE OFFICER AND PERSONNEL DIRECTOR. ADJOURNMENT: There being nothing further before the Board at this time, the meeting was adjourned at 12:30 p.m. to reconvene at 9:00 a.~n. o,Xt Tuesday, March 5, 1991. DOLAN, Cha ATTEST: WILLIAM H. RANDO H, Chief A~istrative Officer and Clerk of th oard of Supervisors Page 75 February 26, 1991