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HomeMy WebLinkAboutM042391~\ April 23, 1991 Call to order - Board of Supervisors room, County Administration Building, 25 County Center Drive, Oroville. Supervisors Campbell, Fulton, Mclnturf, McLaughlin and Chair Dolan 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. 91-168 Items removed from the Consent Agenda for Board consideration and action. 1. QUAD Consultants - proposed is a contract for professional services to prepare an environmental impact report for a rezone of AP 040-200--061 through 072. A deposit to the County in the contract amount of $44,608 has been made by applicant Harry Kassebaum - action requested - APPROVE CONTRACT AND AUTHORIZE THE CHAIR TO SIGN. (NO ACTION TAKEN) 91-169 Consent Agenda 1. Approval of minutes - action requested - APPROVE MINUTES OF APRIL 2, 1991. 2. Budget transfers - action requested - APPROVE BUDGET TRANSFERS B-154 (MENTAL HEALTH/ADMINISTRATION}, B-- 155 (MENTAL HEALTH/ADMINISTRATION), B-156 (MENTAL H E A L T H /ADMINISTRATION) , B- 1 6 0 (SHERIFF/ADMINISTRATION), B-161 (BUILDINGS AND GROUNDS), B-164 (DISTRICT ATTORNEY}, B-165 (PLANNING), AND B-166 (SHERIFF}. 3. Lvng Term Care Council of Butte County - action requested -APPOINT JSLL BECK, EARL NANCE AND SHARON PHIPPEN TO AN UNSPECIFIED TERM. Page 126 April 23, 1991 Anri~ - .~ , 1991 91-169 4. Final map - Esplanade North Planned Unit Development Subdivision - the developer has provided bonds to guarantee construction of improvements within a period of one year, six lots and remaining lands, AP 06-37-11, property located on the northwest corner of Henshaw Avenue and Esplanade, North Chico area - action requested - APPROVE FINAL MAP, ACCEPT EASEMENTS AS GRANTED IN ITEMS OF THE OWNER'S STATEMENT ON BEHALF OF THE AGENCIES LISTED, AND AUTHORIZE THE CHAIR TO SIGN SUBDIVISION AGREEMENT. 5. Estate of Imogene Acuff, et al., Oroville - files a claim in an unspecified amount as a result of alleged injuries and damages sustained on or about August 25, 1994 in an accident at State Road 99 and the intersection of East Rio Bonita Road - action requested - REJECT CLAIM AND REFER TO COUNTY COUNSEL AND RISK MANAGER. 6. Central Communications Sunset Hill frequency - Board authorization is requested to purchase a UHF radio link package, including transmitter, receiver, and interface card to voter at a cost of $2,500 to replace the Sunset Hill frequency used by the Sheriff's Department for communications in the mountainous areas. Budget transfer B-166 has been prepared to provide the necessary appropriation - action requested -- APPROVE PURCHASE OF FIXED ASSET ITEM. 7. Civil Disaster radio equipment - Board authorization is requested to acquire fixed asset items consisting of a VHF packet radio, $450; HF radio, $1,000; two dual. band radios, $1,350; automatic antenna tuner, $390; and a terminal node controller and programs, $350 to complete the retrofit of the remodeled emergency operating center in the basement of the Sheriff's Department. Funding is available within the existing fixed asset budget - action requested - AUTHORTZE ACQUISITION OF FIXED ASSET ITEMS. 8. Mental Health Services - lateral files - Board authorization is requested to purchase two lateral files to be utilized by the Mental Health business office at their new Chico location in the maximum amount of $1,250 from existing fixed asset funds - action requested - APPROVE PURCHASE OF FIXED ASSET ITEMS. 9. Planning Department - Berard authorization is requested for the purchase of computer software in the amount of $318 to update the department's Lotus 1-2-3 computer program. Budget transfer B-165 has been prepared for the necessary program - action requested - APPROVE PURCHASE OF FIXED ASSET ITEM. Page 127 April 23, 1991 April 23. 1991 91-169 10. Sheriff-Coroner - document shredder - Board authorization is requested for the purchase of a used conveyor 400 Shredmaster document shredder from State surplus in the amount of $300. Budget transfer B-160 has been prepared for the necessary appropriation - action requested - APPROVE PURCHASE OF FIXED ASSET ITEM. 11. Introduction of an ordinance establishing speed limits - the Department of Public Works has completed traffic studies on Hegan Lane, Saddle Drive, Lariat Loop and Decatur Drive and recommends speed zones as contained in the ordinance - action requested - WAIVE READING OF THE ORDINANCE. 12. Introduction of an ordinance adding Section 12.24 to Chapter 12, Article II, of the Butte County Code - the proposed ordinance deals with retail firearm dealer's license and is in accordance with Section 12070 of the California Penal Cade - action requested - WAIVE READING OF THE ORDINANCE. 13. CSAC-EIA funding enhancement proposal - the CSAC- Excess Insurance Authority is proposing to issue tax exempt and taxable revenue bonds in order to refund certificates of participation issued in 1987 and to enhance the cash flow of the Authority. The proposal is estimated to save the Authority between $4 million to $10 million over the next ten years. The proposal has been reviewed and approved by the Treasurer-Tax Collector, Auditor-Controller, County Counsel and Risk Manager - action requested - ADOPT RESOLUTION 91-47 AMENDING THE CSAC-EXCESS INSURANCE AUTHORITY JOINT POWERS AGREEMENT AND APPROVING PARTICIPATION IN THE LIABILITY INSURANCE PROGRAM AND AUTHORIZE THE CHAIR TO SIGN. 14. Heritage Partners - proposed is a professional services agreement to address supplemental work required for the expansion of powers for County Service Area No. 87 and the need for a specific plan in the maximum amount of $I, 550 - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. 15. Leonard and Lyde - proposed agreement to retain attorney of $75 per hour for a term requested - APPROVE AGREEME CHAIR TO SIGN. Page 128 is the renewal of an services at the rate of one year - action ITT AND AUTHORIZE THE April 23, 1991 April 23, 1991 91-169 16. 1991/92 Child Health and Disability Prevention Program Plan Update - the 100 percent State funded program provides health screenings for eligible children as well as for those under 21 who are eligible for Medical - action requested - APPROVE PLAN UPDATE AND AUTHORIZE THE CHAIR TO SIGN THE CERTIFICATION. 17. Private Industry Council - submits a State Department of Education/Job Training Partnership Division 8o grant modification for GAIN client remediation programs adjusting the state allocation and carry-in funds to reflect a net increase of approximately $7,000 - action requested - APPROVE GRANT AND AUTHORIZE THE CHAIR TO SIGN. 18. 1991/92 Victim/Witness Assistance Program - a resolution has been prepared authorizing the Chief Probation Officer to submit to the State Office of Criminal Justice Planning an application in the amount of $133,042 far continued funding of the Victim/Witness Assistance Program - action requested - ADOPT RESOLUTION 91w48 AND AUTHORIZE THE CHAIR TO SIGN. 19. Buildings and Grounds - destruction of records - Board authorization is requested pursuant to Government Code Sections 26202 - 26206.1 for destruction of field purchase orders, attendance charts, payroll pre-list, petty cash orders and journals, purchase requisitions and orders, stores requisitions, printing requisitions, vacation slips, sick slips, mileage claims, general claim forms and work completion statements which date prior to January 1, 1988 as the audit period has passed and the official records are maintained by the Auditor- Controller - action requested - AUTHORIZE DESTRUCTION OF RECORDS. 20. Zoning ordinance book - the Planning Director recommends the establishment of a fee of $4.75 including tax for the sale of the new zoning ordinance book - action requested - ESTABLISH FEE. MOTION: MOVE TO APPROVE THE CONSENT AGENDA WITH THE REMOVAL OF ITEM 3.16. S M VOTE: l Y 2 Y 3 Y g Y 5 Y (Unanimously Carried) Page 129 April 23, 1991 A ril 23 1991. Re lar A enda 91-170 Appointments - commissions and committees. a. Appointments to committee vacancies. (NONE) b. City of Oroville General Plan Steering Committee - action requested - MAKE APPOINTMENTS. (RECOMMENDATIONS FOR APPOINTMENT TO BE PRESENTED TO THE BOARD FOR APPROVAL BY SUPERVISORS McINTURF AND McLAUGHLTN. REFER TO MINUTE ORDER 91-175) c. Appointment(s) to Bangor Cemetery District - action requested - MAKE APPOINTMENT(S). MOTION: MOVE TO REAPPOINT CLEO RUSSELL, AND APPOINT M. D. "PETE" BERCHDORF TO SERVE UNTIL JANUARY 18, 1995. M S VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) 91-171 Adoption of an ordinance implementing the classification study - action requested: A. ADOPT ORDINANCE AND AUTHORIZE THE CHAIR TO SIGN; AND (75) MOTION: MOVE TD ADOPT ORDINANCE 2923 AND AUTHORIZE THE CHAIR TO SIGN. M S VOTE: 1 Y 2 Y 3 Y 4 N 5 N (Motion Carried) B. RATIFY TENTATIVE AGREEMENTS IMPLEMENTING THE CLASSIFICATION AND COMPENSATION STUDY WITH COMMUNICATION WORKERS OF AMERICA FOR THE SOCIAL SERVICES WORKERS UNIT; BUTTE COUNTY LAW ENFORCEMENT OFFICERS ASSOCIATION FOR THE LAW ENFORCEMENT UNITS; BUTTE COUNTY MANAGEMENT EMPLOYEES ASSOCIATION FOR THE MANAGEMENT, CONFIDENTIAL AND SUPERVISORY UNIT; AND BUTTE COUNTY EMPLOYEES ASSOCIATION FOR THE GENERAL UNIT. C. APPROVE APPLICATION OF THE PROVISIONS OF THE MANAGEMENT, CONFIDENTIAL AND SUPERVISORY UNIT {MCS) AGREEMENT IMPLEMENTING THE CLASSIFICATION AND COMPENSATION STUDY TO ELECTED AND APPOINTED DEPARTMENT HEADS. (1390) Page 130 April 23, 1991 April 23, 199.1. 91-171 MOTION: MOVE TO RATIFY TENTATIVE AGREEMENTS AND APPROVE APPLICATION OF THE PROVISIONS OF THE MANAGEMENT, CONFIDENTIAL AND SUPERVISORY UNIT (MCS) AGREEMENT IMPLEMENTING THE CLASSIFICATION AND COMPENSATION STUDY TO ELECTED AND APPOINTED DEPARTMENT HEADS. M S VOTE: l Y 2 Y 3 Y 4 N 5 N (Motion Carried) Public Hearings and Timed Items 91-172 Public hearing - Barry M. Meyers and John Merz - consideration of an appeal of the Advisory Agency's approval of the Dennis Durkin tentative subdivision map (proposed negative declaration with environmental mitigations), AP 42-14-119, 30 lots, property located on the southerly side of Highway 32, east of the southerly projection of West 8th Avenue, between Highway 32 and Sacramento Avenue, Chico area - action requested - OPEN HEARING AND CONTINUE OPEN TO MAY 21, 1991 AT 10:45 a.m.) (1436) (HEARING OPENED AND CONTINUED OPEN TO MAY 21, 1991 AT 14:45 A.M.) 91-173 North Valley Schools (Victor Residential Center, Inc.) - proposed is a contract for day care mental. health services in the Paradise area effective May 1, 1991 through June 3q, 1992 - action requested - APPROVE CONTRACT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (1497) MOTION: MOVE TO APPROVE CONTRACT IN THE TOTAL AMOUNT OF $240,000 AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. M S VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) RECESS: ZO:gS A.M. RECONVENE: 10:30 A.M. Page 131 April 23, 1991 April 23 ...__.1991 Public Hearings and Timed Items 91-174 Presentation by J. Laurence Mintier and Associates on the General Plan update options report. (1547) (PLANNING COMMISSION MEMBERS NINA LAMBERT, MAT MATSON, CHUCK NELSON, AND RICHARD OSTROWSKT PRESENT} DRAFT WORK PROGRAM/AMENDED TO INCLUDE: (1) CLARIFICATION THAT PUBLIC HEARINGS WILL BE CONDUCTED JOINTLY WITH THE BOARD OF SUPERVISORS AND THE PLANNING COMMISSION, AND DELIBERATIONS WILL BE CONDUCTED SEPARATELY; (2} THAT SUPERVISOR(S) GO TO THE CITY COUNCILS, TOWN COUNCIL AND/OR PLANNING COMMISSIONS WITH THE COUNTY PLANNING COMMISSIONERS} TO DISCUSS AND GET RECOMMENDATIONS ON HOW TO CO-ORDINATE EFFORTS WITH THE CITIES AND TOWN SO THAT WE CAN WORK TOGETHER, AND THAT WE WANT CITIZEN INPUT TO BE A HIGH PRIORITY AT THE COMMUNITY COORDINATION LEVEL; AND (3) THE COMPOSITION OF THE' TECHNICAL COMMITTEE SCREENING THE CONSULTANT STATEMENT OF QUALIFICATIONS WILL REMAIN AS PROPOSED, AND THE COMPOSITION OF THE TECHNICAL COMMITTEE SCREENING THE COMPOSITION OF REQUESTS FOR PROPOSAL INCLUDE PLANNING COMMISSIONERS NELSON AND MATSON, AND THE COUNTY AIR POLLUTION CONTROL OFFICER. (NEIL McCABE, ASSISTANT COUNTY COUNSEL PRESENT) MOTION: MOVE TO CONCUR WITH THE WORK PROGRAM AS PRESENTED AND AMENDED HERE TODAY AS THE BASIS FOR THE REQUESTS FOR PROPOSAL. S M VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) Regular Agenda 91-175 Appointments -- commissions and committees, b. City of Oroville General Plan Steering Committee - action requested - MAKE APPOINTMENTS. (2898) (REFER TO MINUTE ORDER 91-174) MOTION: MOVE TO APPOINT RICHARD OSTROWSKI AS THE DISTRICT 1 REPRESENTATIVE. M S VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) Page 132 April 23, 1991 •` April 23, 1991 91-176 Discussion of possible modifications of ordinance no. 2922 regarding improvement standards for old subdivision lots with existing structures, Aunt Ninnies, and Granny Housing, and discuss changing the time of installing the improvements from the present "prior to occupancy of the building" to "prior to issuance of the building permit." (3oos) (**oo) (SUPERVISOR McTNTURF NOT PRESENT; SUPERVISOR MCINTURF PRESENT) MOTION: MOVE TO DIRECT STAFF THAT APPLICANTS FOR A BUILDING PERMIT FOR A CARPORT, GARAGE, NEW ROOFING, A PERMANENT SECOND RESIDENCE, OR THE BUILDING PERMIT PORTION OF AUNT NINNIES AND GRANNY HOUSING NOT BE REQUIRED TO FOLLOW THE GUIDELINES OF ORDINANCE NO. 2922. M S VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) Public Hearin s and Timed Items 91-177 Presentation by Mr. Pat Reames of the State Department of Transportation on the Western National Transportation Research and Development Project - action requested .. ADOPT RESOLUTION SUPPORTING THE CONCEPT OF ESTABLISHING A TRANSPORTATION AND RESEARCH DEVELOPMENT PROJECT CENTER AND AUTHORIZE THE CHAIR TO SIGN. (252) MOTION: MOVE TO ADOPT RESOLUTION 91-49 SUPPORTING THE CONCEPT OF ESTABLISHING A TRANSPORTATION AND RESEARCH DEVELOPMENT PROJECT CENTER AND AUTHORIZE THE CHAIR TO SIGN. S M VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) Regular A_e 91-178 Consideration of amendment of Butte County Code Section 24-202 "Construction of additional dwelling unit" (Granny Housing) to conform to Government Code Sections 65852.1 and 65852.2 _ action requested - INITIATE HEARINGS TO AMEND BUTTE COUNTY CODE SECTION 24-202 TO REQUIRE A USE PERMIT FROM THE PLANNING COMMISSION FOR A SECOND DWELLING UNIT AND ESTABLISHES STANDARDS FOR REVIEW. (1217) (SUPERVISOR McLAUGHLIN NOT PRESENT) Page 133 April. 23, 1991 April 23, 1991 93.-178 MOTION: MOVE TO INITIATE HEARINGS TO AMEND BUTTE COUNTY CODE SECTION 24--202 TO REQUIRE A USE PERMIT FROM THE PLANNING COMMISSION FOR A SECOND DWELLING UNIT AND ESTABLISHES STANDARDS FOR REVIEW. M S VOTE: 1 Y 2 Y 3 Y 4 NP 5 Y (Unanimously Carried} 91-179 Report to Board on Community Development Block Grant. (1339) (NO ACTION TAKEN) (SUPERVISOR McLAUGHLIN PRESENT) 91-180 Update by the Chief Administrative Officer on Sacramento/legislative activities. (1730} (REPORT BY WILLIAM H. RANDOLPH, CHIEF ADMINISTRATIVE OFFICER) 91--181 Communications Communications received and referred. (COPIES OF ALL COMMUNICATIONS ARE AVAILABLE IN THE CLERK OF THE BOARD OFFICE.} (1814) a. Michael V. Pierce, Oroville - requests Board clarification of policy, and direction for Sheriff's Department impact mitigation on land divisions - action requested - REFER TO PLANNING DIRECTOR FOR REPORT AND RECOMMENDATION. (MICHAEL V. PIERCE, OROVILLE, SPOKE TO THE BOARD ON HIS ONGOING "ODYSSEY" THROUGH THE PLANNING DEPARTMENT WITH REGARD TO MITIGATING SHERIFF'S DEPARTMENT IMPACT ON HIS PROPOSED LAND DIVISION) (SUPERVISOR CAMPBELL NOT PRESENT} b. Robert O. Watkins, District Director of Transportation, State Department of Transportation - forwards notification of elected officials of the cities and counties participating in the Route 99/70 Corridor Study being selected to receive a special "TRANNY" award by the California Transportation Foundation. The award will be presented at the 43rd California Transportation and Public Works Conference to be held May 15-17, 1991 in Pasadena - action requested - REFER TO CHIEF ADMINISTRATIVE OFFICER AND PUBLIC WORKS DIRECTOR. (BUTTE COUNTY ASSOCIATION OF GOVERNMENTS AUTHORIZED SUPERVISOR McLAUGHLIN, SHELDON ENOCHS, OROVILLE CITY ADMINISTRATOR, AND OROVILLE MAYOR SUSAN SEARS TO TRAVEL TO PASADENA TO ACCEPT THE AWARD} Page 134 April 23, 1991 April 23, 1991 91-181 c. Steve Kroeger, Division Chief, State Department of Forestry and Fire Protection, Butte Fire Center - forwards an invitation to the Twenty-Ninth Annual Fire Meeting, to be held on May 16, 1991, at 10:00 a.m. at the Butte Fire Center, on Steiffer Road in Magalia, and a request for a supervisor(s) to address the group this year - action requested - REFER TO CHIEF ADMINISTRATIVE OFFICER. d. Steven E. Kirkpatrick, Deputy District Director, Project Development, State Department of Transportation -forwards notification that Caltrans is formally initiating studies for replacement of the Feather River Bridge and four-lane widening (with left-turn lane} for State Highway Route 162 in Oroville, between Larkin Road and Feather River Boulevard, and requests County notification within 30 days of any facilities or plans for development which might be affected by the proposal - action requested - REFER TO PUBLIC WORKS DIRECTOR. e. Jim Mann, Supervisor 5, Glenn County Board of Supervisors, and Chairman, Sacramento Basinwide Air Pollution Control Council .» forwards a joint powers agreement to establish the position of an air basin coordinator - action requested - REFER TO AIR POLLUTION CONTROL OFFICER FOR REPORT AND RECOMMENDATION. 91-182 Public Comment. (PRESENTATIONS WILL BE LIMITED TD 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.) (NONE) (SUSAN MINASTAN, COUNTY COUNSEL, PRESENT) 91-183 CLOSED SESSION: The Board recessed at 12:53 p.m. to a closed session for the purpose of actual litigation pursuant to Government Cade Section 54956.9 (a} (County of Butte v. McMahon}, and potential litigation pursuant to Government Code Section 5495b.9(c) (City of Chico v. County of Butte.) (2782) Page 135 April 23, 1991 Auril 23,.__1991 91-183 RECONVENE: The Berard recanvened at 1:08 p.m. following a closed session on actual litigation pursuant to Government Code Section 54956.9 (a) (County of Butte v. McMahon), and potential litigation pursuant to Government Cade Section 54956.9(c} (City of Chico v. County of Butte.} (NO ANNOUNCEMENTS) ADJOURNMENT: ATTEST: WILLIAM H, RANDO H, Chief Administrative Officer and Jerk of Board of Supervisors By : a~:~. Page 13 6 April 23, 1991 There being nothing further before the Board at .this time, the meeting was adjourned at 3.:08 p.m. to reconvene on Tuesday, May 7, 1991 at 9:00 a.m.