HomeMy WebLinkAboutM031489March 14,_1.9.89_
Call to order _ Board of Supervisors room, County
Administration Building, 25 County Center Drive, Oroville,
Supervisors Dolan, McInturf and Chairman Fulton present.
Supervisors McLaughlin and Vercruse not present. Susan Roff,
county counsel, not present. Mike Pyeatt, clerk of the Board;
and Carol Roach, assistant clerk of the Board.
Pledge of allegiance to the Flag of the United States of
America.
(SUPERVISOR VERCRUSE PRESENT)
59-112 Items removed from the Consent Agenda for Board consideration
and action.
1. Agreement appointing Kim Gaghagen as Acting Welfare
Director to be effective March 4, 1989 - action
requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIRMAN
TO SIGN. (NO ACTION TAKEN)
89-113 Consent Aaenda
~.. Approval of minutes - action requested - APPROVE MINUTES
OF FEBRUARY 28, 1989 AND MARCH 2, 1989.
2. Budget transfers - action rer~uested _ APPROVE BUDGET
TRANSFERS B-108 (WELFARE), B-109 (FIRE - VOLUNTEER), B-
110 (FIRE), B-112 (SHERIFFS, AND B-113 (INSTITUTIONS AND
CORRECTIONS).
3. Paul A. Kafader, III, tentative parcel map - the
developers have provided a savings passbook to guarantee
construction of roads within one year of approval of the
parcel map, AP 28-19-92, four lots plus remainder on the
east side of Mission Olive Road across from Live Oak
Knolls, east proville area - action requested _ AUTHORIZE
THE CHAIRMAN TO SIGN ASSIGNMENT AS SECURITY, SECOND
ENDORSEMENT FOR ASSIGNMENT OF SAVINGS PASSBOOK ACCOUNT.
Page 72 March 14, 1989
March 14, 1989
4. Notice of completion - Paradise Library reroof - -all
work on the project has been completed in accordance with
the plans and specifications - action requested _ ACCEPT
THE PROJECT AND AUTHORIZE THE FILING OF THE NOTICE OF
COMPLETION.
5. Public Works portable generator - Board authorization is
requested to purchase a replacement portable generator
in the estimated amount of $800. Sufficient funds are
available in the department's equipment acquisition
.budget - action requested - AUTHORIZE PURCHASE OF FIXED
ASSET ITEM.
6. Sheriff's vehicle - Board authorization is requested to
purchase a used vehicle in the estimated amount of $3,500
far use by the Butte Interagency Narcotics Task Force
deputy. Budget transfer B-112 has been prepared to
provide the necessary appropriation - action requested -
AUTHORIZE PURCHASE OF FIXED ASSET ITEM.
7. Investments information report - the T r e a s u r e r/ T a x
Collector submits the February 28, 1989 report in
accordance with AB 1073 and the County's investment
policy - action requested - ACCEPT FOR INFORMATION.
8. Tax and Revenue Anticipation Notes - the Treasurer is
suggesting the issuance of tax and revenue anticipation
notes to cover cash shortages caused by the seasonal
variation in the receipt of revenues - action requested -
AUTHORIZE THE TREASURER/TAX COLLECTOR TO SEEK PROPOSALS
FROM UNDERWRITERS AND BOND COUNSELS TO ASSIST THE COUNTY
TN ISSUING TAX AND REVENUE ANTICIPATION NOTES FOR
1989/90.
9. Resolution authariaing the splitting of positions for
nursing and other health professional positions - action
requested - ADOPT RESOLUTION 89-027 AND AUTHORIZE THE
CHAIRMAN TO SIGN.
10. 1988/89 SB-325 funding claim modification - the
modification identifies $250,000 matching funds for
overlay projects funded under SB-1~0 covering road and
bridge maintenance in the approved county budget - action
requested ~ APPROVE MODIFICATION OF THE 1988/89 SB-325
FUNDING CLAIM AND AUTHORIZE THE DIRECTOR OF PUBLIC WORKS
TO SIGN THE CLAIM.
Page 73
March 14, 1989
March 14, 1989
11. Essentiality for public use - Colony Road Bridge across
Western Canal (State Bridge No. 12C-25) - the Public
Works Director provides a written report and requests
adoption of a resolution certifying the essentiality for
public use - action requested - ADOPT RESOLUTION 89-028
AND AUTHORIZE THE CHAIRMAN TO SIGN.
12. California Fairs Insurance Authority - a second amended
and restated joint exercise of powers agreement has been
prepared to provide programs of insurance and covering
the Butte County Fair - action requested - ADOPT
RESOLUTION 89-029 APPROVING THE AGREEMENT AND AUTHORIZE
THE CHAIRMAN TO SIGN.
13. 1989/90 Major Narcotics Vendor Prosecution Program - the
District Attorney`s Office is preparing the application
in the amount of $100,000 for continued funding - action
requested - ADOPT RESOLUTION 89-030 AUTHORIZING SUBMITTAL
OF THE APPLICATION TO THE STATE OFFICE OF CRIMINAL
JUSTICE PLANNING.
14. Federal Emergency Management Agency (F.E.M.A.?
consultant - the County Engineers Association of
California has requested all counties contribute to a
special fund to provide for the services of a consultant
to represent county interests in the implementation of
new Congressional F.E.M.A. Regulations for the Disaster
Relief and Emergency Assistance Amendment of 1988 -
action requested - APPROVE THE ExPENDITURE OF 5700 TO THE
COUNTY ENGINEERS ASSOCIATION OF CALIFORNIA FUND.
15. Urban Mass Transit Authority (UMTA) Section 18 Operating
and Capital Assistance Funds - agreement na. 64J501 has
been prepared in the amount of $87,973 for a capital
assistance grant covering a portion of the cost of a bus
approved in the 1988/89 fiscal year. Agreement no.
6~J502 has also been prepared in the amount of 581,197
for reimbursement of expenses from the 1986/87 fiscal
year - action requested - APPROVE AGREEMENTS AND
AUTHORIZE THE PUBLIC WORKS DIRECTOR TO SIGN ON BEHALF OF
THE COUNTY.
16. 1989/90 County Medical. Services Program - a declaration
of intent to contract with the State of California for
participation in the County Medical Services Program
{CMSP) during the period July 1, 1989 through June 30,
1.990 has been prepared - action requested - AUTHORIZE THE
CHAIRMAN TO SIGN THE DECLARATION OF INTENT.
Page 74
March 14, 1989
March 14.,____1989
17. Auditor's Office - destruction of records - the Auditor,
pursuant to Government Code Section 26201, requests Board
authorization to destroy records which have been
microfilmed - action requested - AUTHORIZE DESTRUCTION
OF RECORDS AS IDENTIFIED IN THE AUDITOR'S MEMORANDUM OF
MARCH 1, 1989.
18. Agricultural Commissioner office hours ~ a resolution has
been prepared pursuant to Section 2-1 of the Butte County
Code which provides for closure of the Agricultural
Commissioner's Oroville office from noon-1:00 p.m.,
Monday through Friday - action requested - ADOPT
RESOLUTION 89-031 AND AUTHORIZE THE CHAIRMAN TO SIGN.
19. Fire engine _ Board authorization is requested to
purchase a used fire engine from CDF for the Cohasset
Volunteer Fire Company in the amount of X7,800. Budget
transfer 109 has been prepared to provide the necessary
appropriation - action requested - AUTHORIZE PURCHASE OF
FIRE ENGINE.
MOTION: MOVE TO APPROVE THE CONSENT AGENDA WITH THE REMOVAL
OF ITEM 3.19.
S M
VOTE: 1 Y 2 Y 3 Y 4 AB 5 Y (Unanimously carried)
Regular Agenda
89-114 Appointments - commissions and committees.
a. Appointments to committee vacancies. (NONE}
(SUSAN ROFF, COUNTY COUNSEL, PRESENT)
89-115 Resolution giving rate setting power to the Public Health
Department when reimbursing dental care providers for general
assistance services pursuant to Resolution 89-011 adapted on
January 31, 1989 - action requested - ADOPT RESOLUTION AND
AUTHORIZE THE CHAIRMAN TO SIGN. (60}
MOTION: MOVE TO ADOPT RESOLUTION 89-032 GIVING RATE SETTING
POWER TO THE PUBLIC HEALTH DEPARTMENT WHEN
REIMBURSING DENTAL CARE PROVIDERS FOR GENERAL
ASSISTANCE SERVICES PURSUANT TO RESOLUTION 89-011
ADOPTED ON JANUARY 31, 3.989.
M S
VOTE: 1 Y 2 Y 3 Y 4 AB 5 Y (Unanimously carried}
Page 75
March 14, 1989
March 14, 19.8.9_
89-11.6 Salary ordinance
District Attorney
requested - WAIVE
{NO ACTION TAKEN)
amendment transferring 50~ of a Deputy
position to County Counsel - action
THE FIRST READING OF THE ORDINANCE. (150)
89-117 Consideration of sending letter to property owner - 1314 Davis
Street, Chico - for nat boarding up or posting property for
"no trespassing" as promised. {159)
MOTION: MOVE THAT THE CHAIRMAN SEND A LETTER TO THE PROPERTY
OWNER ADVISING HIM THAT THE BOARD EXPECTS HIM TO
FULFILL HIS PROMISES MADE TO THE BOARD IN RETURN FOR
THE CONTINUANCE OF THE HEARING FROM FEBRUARY 28,
1989.
S M
VOTE: 1 Y 2 Y 3 Y 4 AB 5 Y (Unanimously carried)
(SUPERVISOR McLAUGHLIN PRESENT)
(NEIL McCABE~ DEPUTY COUNTY COUNSEL REPRESENTING SUSAN ROFF,
COUNTY COUNSEL}
89-118 Request for interpretation pursuant to Butte County Code
Section 24-20 regarding wood processing plants in the
agricultural zones - action. requested - FIND PURSUANT TO CODE
SECTION 24-20, SUBPARAGRAPH (d} THAT THE AGRICULTURAL ZONES
(A-5 THROUGH A-160) WOOD PROCESSING PLANTS CAN ONLY BE
CONSIDERED FOR WOOD GROWTH ON-SITE OR ON OTHER LANDS UNDER THE
SAME OWNERSHIP. (232}
(SUPERVISOR McLAUGHLIN ABSENT}
MOTION: FIND PURSUANT TO CODE SECTION 24-20, SUB. PARAGRAPH
{d), THAT IN THE AGRICULTURAL ZONES (A--S THROUGH A-
160) WOOD PROCESSING PLANTS CAN ONLY BE CONSIDERED
FOR WOOD GROWN ON-SITE OR ON OTHER LANDS UNDER THE
SAME OWNERSHIP, AND REFER THIS TO THE PLANNING
COMMISSION FOR A RECOMMENDATION WITH DIRECTION TO
PURSUE THE USE PERMIT PROCESS.
M S
VOTE: 1 Y 2 Y 3 Y 4 AB 5 Y (Unan,imous3.y carried}
(SUPERVISOR McLAUGHLIN PRESENT)
Page 76
March 14, 1989
March 14, 1989
89-119 Discussion of California Hazardous Waste Planners (aka E.I.P.}
for preparation of a Hazardous Waste Management Plan - action
requested - FIND THAT PURSUANT TO THE PROVISIONS OF THE
AGREEMENT DATED NOVEMBER 17, 1987 THAT THE CONTRACT HAS BEEN
BREACHED, THAT THE COUNTY WILL WITHHOLD FROM E.I.P. THE
REMAINING $9,688 FROM THE ORIGINALLY AGREED UPON AMOUNT OF
$35,000, AND DIRECT THE TRANSFER OF $9,688 TO THE PLANNING
DEPARTMENT BUDGET. (607}
MOTION: FIND THAT PURSUANT TO THE PROVISIONS OF THE
AGREEMENT DATED NOVEMBER 17, 1987 THAT THE CONTRACT
HAS BEEN BREACHED, THAT THE COUNTY WILL WITHHOLD
FROM E.I.P. THE REMAINING $9,6$8 FROM THE ORIGINALLY
AGREED UPON AMOUNT OF 35,000, AND DIRECT THE
TRANSFER OF $9,688 TO THE PLANNING DEPARTMENT
BUDGET.
S M
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
(DIRECT THAT LETTERS BE SENT TO THE APPROPRIATE AGENCIES
DEALING WITH THESE TYPES OF PROGRAMS STATING THE ACTION WE
TOOK HERE TODAY}
89-120 Closed hearing - Amber Grove II (Webb Homes) - appeal of the
Advisory Agency's denial of an appeal of a requirement of an
environmental impact report on tentative vesting, subdivision
map, AP 06-60-05 {portion), 114 lots, property located on the
west side of Esplanade approximately 700 feet north of Shasta
Avenue, Chico area. {952}
MOTION: MOVE TO DENY THE
BUT CONTINUE TO
THE STATE WATER
M S
VOTE: 1 Y 2 Y 3 Y 4
APPEAL TN THIS SPECIFIC INSTANCE,
ATTEMPT TO GET OUR CASE ACROSS TO
RESOURCES BOARD.
N 5 Y (Motion carried}
Page 77
March 14, 1989
March 14 1989
89-123 Consideration of suggesting boundaries of the area to be
annexed to the southeast Chico Redevelopment Project Area.
{1184)
MOTION: MOVE THAT WE ADVISE THE CITY OF CHICO THAT THE
COUNTY IS INTERESTED IN EXPLORING ANY MEANS
AVAILABLE AND APPROPRIATE TO FUND HOUSING AND PUBLIC
WORKS IMPROVEMENTS FOR CHAPMANTOWN, MULBERRY AND
UNINCORPORATED PORTIONS OF PARR AVENUE. WE WISH TO
EXPLORE THE POSSIBILITY OF INCLUDING THESE WITHIN
SERDA. SUPERVISOR DOLAN, COUNTY COUNSEL AND THE
PUBLIC WORKS DIRECTOR WILL WORK WITH THE CITY TO
DETERMINE HOW WE CAN PROCEED. WE WOULD LIKE TO MAKE
IT CLEAR THAT THE REQUEST HERE IS ATTACHMENT TO
SERDA, AND NOT ANNEXATION TO THE CITY.
M S
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y {Unanimously carried)
$9-122 Consideration of adopting park facility fees for the
unincorporated Chico urban area. {1485)
MOTION: SET A PUBLIC HEARING FOR APRIL 18, 1989 AT
1E3:00 A.M. TO CONSIDER THE ADOPTION OF A FEE
SCHEDULE THAT IS THE SAME AS THE CITY OF CHICO, AND
THE ADOPTION OF AN ORDINANCE.
S M
VOTE: 1 N 2 Y 3 Y 4 N 5 Y {Motion carried}
89-123 Salary ordinance amendment transferring 50 percent of a Deputy
District Attorney position to County Counsel - action
requested -- WAIVE THE FIRST READING OF THE ORDINANCE, {1825}
{NO ACTION TAKEN)
CLOSED SESSION: The Board recessed at 10:08 a.m. for a
closed session an personnel.
RECONVENE: The Board reconvened at 11:40 a.m. following
a closed session on persannel, {1998}
{SUPERVISORS DOLAN AND McLAUGHLIN NOT PRESENT}
{NO ANNOUNCEMENTS}
Page 7$
March 14, 1989
k
March 14, 19.8.9_
Public Hearin s and Timed Items
89-124 Public Hearing - Butte County Planning Commission -
consideration of code amendment {proposed negative declaration
regarding environmental impact) to adopt airport zoning for
Ranchaero Airport and Paradise Skypark on property zoned A-
10 (agricultural - ten acre parcels), A-40 {agricultural - 40
acre parcels) and "U° (unclassified), property Located at the
west end of Oak Park Avenue, approximately 2,550 feet west of
Rose Avenue, Chico, and at the southern end of Airport Road
off of Carousel Way, approximately 260 feet west of Clark
Road, Paradise, identified as AP 42-21-95, 41-08-46, and 55-
51-10. (2005)
(SUPERVISOR McLAUGHLIN PRESENT)
MOTION: MOVE TO FIND THAT:
A. THE REQUIREMENTS OF CEQA HAVE BEEN COMPLETED
AND CONSIDERED IN MAKING THIS DECISION AND
ADOPT A NEGATIVE DECLARATION; AND
B. THE PROPOSED REZONE CONFORMS TO THE POLICIES,
INCLUDING THE TEXT AND MAP , OF THE BUTTE COUNTY
GENERAL PLAN.
C. ADOPT ORDINANCE 2739 ESTABLISHING THE A-Z
(AIRPORT ZONE) AND REZONING THE PROPERTY
IDENTIFIED AS THE RANCHAERO AIRPORT (AP 042-
21-0-095) AND THE PARADISE SKYPARK AIRPORT (AP
041-08--0--045 AND AP 055-51--0-020) TO A-Z.
M S
VOTE: 1 Y 2 AB 3 Y 4 Y 5 Y (Unanimously carried)
CLOSED SESSION: The Board recessed at 12:00 p.m. for a
closed session on a personnel matter.
RECONVENE: The Board .reconvened at 1:25 p.m. following a
closed session on personnel. {NO
ANNOUNCEMENTS)
RECESS: 1:25 P.M.
RECONVENE: 2:40 P.M.
Page 79
March 14, 1989
March 14, 1989
89-x.25 Announcement by the Board on the decision of Chief
Administrative Officer. (2850)
MOTION: IT IS MY PLEASURE THAT THE BOARD MOVE TO APPOINT
WILLIAM H. RANDOLPH AS THE NEW CHIEF ADMINISTRATIVE
OFFICER OF THE COUNTY OF BUTTE COMMENCING
APRIL 3, 1989.
M S
VOTE: 1 Y 2 Y 3 Y 4 N 5 Y (Motion carried)
Introduction of William H. Randolph by Chairman Fulton.
89-126 Communications
Communications received and referred. COPIES OF ALL
COMMUNICATIONS ARE AVAILABLE IN THE CLERK OF THE BOARD
OFFICE.?
a. City of Chico - writes regarding vapor recovery systems
for gasoline service stations and urges the requirement
for all such systems for all retail gasoline service
stations throughout the county, which would include the
Chico urban area. (REFERRED TO AIR POLLUTION CONTROL
OFFICER
89--127 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 TS. NOT LISTED
ON THE AGENDA.) (3003)
ADJOURNMENT: There being nothing further before the Board
at this time, the meeting was adjourned at
2:43 p.m. to reconvene on Tuesday, March 21,
1989 at 9:00 ~..m.
Cha
ATTEST:
MIKE YEATT, erk of the Board
By'
an, Bo~srd o~ Supervisors
Page 80