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HomeMy WebLinkAboutM042589April 25, 1989 Call to order - Board of Supervisors room, County Administration Building, 25 County Center Drive, Oroville. Supervisors Dolan, Mclnturf, Vercruse and Vice Chairman McLaughlin present. Chairman Fulton not present. William H. Randolph, chief administrative officer; Susan Roff, county counsel; and Carol Roach, assistant clerk of the Board. Pledge of allegiance to the Flag of the United States of America. 89-175 Consent Agenda 1. Budget transfers - action requested - APPROVE BUDGET TRANSFERS B-149 (MENTAL HEALTH/HERE}, B-154 {SUPERIOR COURT), B-155 {SUPERIOR COURT), B--156 {COUNTY SERVICE AREAS), B-157 {PUBLIC WORKS), B-158 {BUILDING XNSPECTION), B-159 (MENTAL HEALTH), B-160 {ENVIRONMENTAL HEALTH), B-161 {SOUTH COUNTY MUNICIPAL COURT), AND 8-162 {PLANNING}. 2. Renaming of private roads - a resolution has been prepared in order to set a date for public hearing on the renaming of Ian Lee Circle {Kelly Ridge Road to Kelly Ridge Road} to Sequra Drive and Moe Lane {Ian Lee Circle to Ian Lee Circle) to Calumet Drive - action requested - ADOPT RESOLUTION 89-049 SETTING A PUBLIC HEARING DATE FOR JUNE 6, 1989 AT 11:00 A.M. 3. Appointment to Tri County Economic Development Corporation Revolv~.ng Loan Fund Administering Board - action requested - APPOINT CARLA DITTMAN TO SERVE UNTIL MAY 1, 1992. Page 113 April 25, 1989 A ril 25 1989 4. Appointments to Butte Adolescent Health Board - PAT WARREN, SUE WILLEY AND 1992. County Maternal, Child and action requested - REAPPOINT LEE LANEY TO SERVE UNTIL MARCH 5. Final Map - Watkins Subdivision -- the developer has provided an irrevocable letter of credit to guarantee construction of improvements within a period of one year on the six lot subdivision, AF 40-04-22 and 23, property located on the north side of Entler Avenue, 1,200 feet east of Midway, Chico area - action requested - APPROVE THE FINAL MAP; ACCEPT EASEMENTS AS GRANTED IN ITEMS A,B,C, AND D OF THE OWNER'S CERTIFICATE ON BEHALF OF THE PUBLIC; ACCEPT GRANT IN FEE SIMPLE ONE-FOOT NO ACCESS STRIP AND ENTLER AVENUE AS OFFERED IN ITEM E OF THE OWNER'S CERTIFICATE; AND AUTHORIZE THE CHAIRMAN TO SIGN THE SUBDIVISION AGREEMENT. 6. Report to the Board - Jack Roraff - denied negative declaration regarding environmental impact and denied rezone from "U" (unclassified) to C-2 (general commercial) for property located at the southeast corner of La Porte Road and Los Verjeles Road, indentified as AP 28-26-62, Bangor - action requested - INFORMATION ONLY. 7. Report from Planning Director on disposition of the Forks of Butte, Energy Growth Partnership I Use Permit No. 88- 44 - action requested - INFORMATION ONLY. 8. David A. Tallant, attorney-at-law, on behalf of Carol and Dave Hall, files a claim in an amount in excess of $10,000 as a result of alleged injuries and damages sustained on or about September 21, 1988 involving the Sheriff's Department - action requested - REJECT CLAIM AND REFER TO COUNTY COUNSEL AND RISK MANAGEMENT. 9. Water tender 25 disposition - the Fire Department recommends that the water tender (license E570000 - county #317) be declared surplus and be made available for transfer/sale to Butte Community College for the cost of an outstanding repair bill in the amount of $1,127.56 - action requested - DECLARE VEHICLE SURPLUS AND AUTHORIZE TRANSFER/SALE TO BUTTE COMMUNITY COLLEGE AS RECOMMENDED. Page 114 April 25, 1989 April 25, 1989 10. County Service Area #103 EMorris Subdivision? loan - a resolution has been prepared providing a loan to the service area from the CSA revolving loan fund in the amount of $650. Budget transfer 8-156 has been prepared to provide the necessary appropriation - action requested - ADOPT RESOLUTION 89-050 AND AUTHORIZE THE CHAIRMAN TO SIGN. 11. County Service Area #104 {Black Oaks Subdivision) loan - a resolution has been prepared providing a loan to the service area from the CSA revolving loan fund in the amount of $900. Budget transfer B-156 has been prepared to provide the necessary appropriation - action requested - ADOPT RESOLUTION 89-051 AND AUTHORIZE THE CHAIRMAN TO SIGN. 12. County Service Area #107 {Almond Grove West Subdivision) loan - a resolution has been prepared providing a loan to the service area from the CSA revolving loan fund in the amount of 51,050. Budget transfer B-156 has been prepared to provide the necessary appropriation - action requested - ADOPT RESOLUTION 89--052 AND AUTHORIZE THE CHAIRMAN TO SIGN. 13, Speed limit ordinance - Public Works has completed traffic studies on Almendia Drive, Autumnwood Drive, Buehler Avenue, Colmena Drive, Mayette Drive Valley Oak Drive and Woodview Lane and recommends they be speed zoned 25 miles per hour - action requested - WAIVE THE FIRST READING OF THE ORDINANCE. 14. Resolution declaring May 1-7, 1989 as "Clean Air Week" - action requested - ADOPT RESOLUTION 89-053 AND AUTHORIZE THE CHAIRMAN TO SIGN. 15. Butte Meadows Hillslider's Snowmobile Club grant- Board of Supervisors' approval of the off-highway vehicle grant on February 28, 1989 did not include adoption of a resolution as required by the State Department of Parks and Recreation - action requested - ADOPT RESOLUTION 89- 054 AND AUTHORIZE THE CHAIRMAN TO SIGN. Page 115 April 25, 1989 April 25, 1989 16. Rural economic development infrastructure grant agreement - contract no. G 88-101 has been prepared with the State Department of Commerce in an amount nat to exceed 580,000 to provide far aff-site public improvements at the small business incubator facility in Chico, including curbs, gutters and street improvements {$6,000} and sewer connection fee ($15,000} - action requested - ADOPT RESOLUTION 89-055 APPROVING THE CONTRACT AND AUTHORIZE THE CHAIRMAN TO SIGN. MOTION: MOVE TO APPROVE THE CONSENT AGENDA, M S VOTE: l Y 2 Y 3 Y 4 Y 5 AB {Unanimously Carried} Re ular A enda 89-177 Items removed from the Consent Agenda for Board consideration and action. (NONE? 89-178 Appointments - commissions and committees. a. Appointments to committee vacancies. (NONE) 89-179 Follow-up report from Hazardous Waste Information Task Force. (Report by Hally Stelmock, student intern from Chico State University. on the public education aspect of the implementation of our plan,) 89-180 Consideration of support for Victor Residential Centers application for $1.3 million funding proposal for a demonstration grant to operate integrated service systems for the chronically mentally i11 as authorized by AB 3777 {Statutes of 1988} - action requested - AUTHORIZE THE CHAIRMAN TO SIGN A LETTER OF SUPPORT. {175} MOTION: MOVE TO AUTHORIZE THE CHAIRMAN TO SIGN A LETTER OF SUPPORT. S M VOTE: l Y 2 Y 3 Y 4 Y 5 AB {Unanimously Carried) 89-181 Status report on resident deputy sheriff program - action requested - DISCUSSION OF PROGRAM AND RECRUITMENT EFFORTS. (323) (REPORT BY SHERIFF WOOD} {DIRECTION FROM BOARD FOR THE CHIEF ADMINISTRATIVE OFFICER. SHERIFF AND PERSONNEL DIRECTOR TO MEET TO ESTABLISH GUIDELINES AND DEVELOP RECOMMENDATIONS FOR A RECRUITMENT PROGRAM FOR THE RESIDENT DEPUTY SHERIFF PROGRAM.} Page 116 April 25, 1989 A ril 25 1989 89--1.82 Report from Chief Administrative 0£fi.cer on Administrative Office reorganization ~- action requested - 1. WAIVE THE FIRST READING OF AN ORDINANCE AMENDING ARTICLE ITT OF THE BUTTE COUNTY CODE RELATING TO THE APPOINTMENT OF AN ASSISTANT CHIEF ADMINISTRATIVE OFFICER; 2. WAIVE THE FIRST READING OF A SALARY ORDINANCE AMENDMENT CREATING THE ASSISTANT CHIEF ADMINISTRATIVE OFFICER POSITION AT $49,5fl0 PER YEAR; 3. INSTRUCT THE PERSONNEL DIRECTOR TO INITIATE A RECLASSIFICATION STUDY OF THE REMAINING DEPUTY ADMINISTRATIVE OFFICER POSITION. (796) MOTION: MOVE TO WAIVE THE FIRST READING OF AN ORDINANCE AMENDING ARTICLE TTT OF THE BUTTE COUNTY CODE RELATING TO THE APPOINTMENT OF AN ASSISTANT CHIEF ADMINISTRATIVE OFFICER; WAIVE THE FIRST READING OF A SALARY ORDINANCE AMENDMENT CREATING THE ASSISTANT CHIEF ADMINISTRATIVE OFFICER POSITION AT $49,500 PER YEAR; AND INSTRUCT THE PERSONNEL DIRECTOR TO INITIATE A RECLASSIFICATION STUDY OF THE REMAINING DEPUTY ADMINISTRATIVE OFFICER POSITION. S M VOTE: l Y 2 Y 3 Y 4 N 5 AB {Motion Carriedl 89--3.83 Report from Chief Administrative Officer on establishment of county service areas far fire protection and animal control services - action requested - ADOPT A RESOLUTION MAKING AN APPLICATION TO THE LOCAL AGENCY FORMATION COMMISSION FOR A COUNTY SERVICE AREA TO FUND THE FOLLOWING: a. The replacement of fire apparatus, the maintenance of volunteer fire equipment, a Safety/Fire Prevention Bureau and other fire services not provided to the same extent nn a countywide basis bath within and without cities. b. Animal control services not provided to the same extent an a countywide basis bath within and without cities, {1044) MOTION: MOVE TO ADOPT RESOLUTION 89-056 MAKING AN APPLICATION TO THE LOCAL AGENCY FORMATION COMMISSION FOR A COUNTY SERVICE AREA TO FUND FIRE PROTECTION, AND TO ADOPT RESOLUTION 89-057 MAKING AN APPLICATION TO THE LOCAL AGENCY FORMATION COMMISSION FOR A COUNTY SERVICE AREA TO FUND ANIMAL CONTROL SERVICES. M S VOTE: l Y 2 Y 3 Y 4 Y 5 AB {Unanimously Carried? Page 117 April 25, 19$9 April 25, 1989 89-184 CLOSED SESSION: The Board recessed to closed session at 9:51 a.m. for the purpose of a personnel matter and actual litigation pursuant to Government Code Section 54956.9{a} of Linda McMahon vs. Jane Dolan, et al., case na. 93315. RECONVENE: The Board reconvened at 10:50 a.m. following a closed session for the purpose of a personnel matter and actual litigation. (NO ACTION TAKEN} (NEIL McCABE, DEPUTY COUNTY COUNSEL REPRESENTING SUSAN ROFF, COUNTY COUNSEL} 89-185 DisC11551on of CSAC Commission on county government report - action requested: a. Set time on May 16 agenda to discuss the report. b. Circulate copies of the report, along with an invitation to comment at the May 16 meeting. c. After the workshop, forward a summary of comments and/or findings to the CSAC Commission as a report from the Board. (1500} {WORKSHOP WITH THE MANAGEMENT COUNCIL CALENDARED FOR THE BOARD'S MAY 16, 1989 AGENDA} 89-186 Growth management - action requested - CONSIDERATION OF CSAC POLICY. (1739} (CONTINUED TO MAY 23, 1959} (BOARD DIRECTION FOR A COMMITTEE CONSISTING OF SUPERVISORS DOLAN, VERCRUSE, PLANNING DIRECTOR, AIR POLLUTION CONTROL OFFICER AND PUBLIC WORKS DIRECTOR TO ANALYZE THE OUTLINE.) Public Hearings and Timed Items 89-187 Public hearing - Butte County jail construction plan - consideration of negative declaration with mitigation measures for construction of a new jail facility to house 771 inmates as identified in the Butte County Major Corrections Needs Assessment and Master Siting Plan, property located at County Center Drive, AP 31-04-28, 20 and 39, Oroville. (2428} Page 118 April 25, 1989 April 25, 1989 MOTION: MOVE THAT ALTHOUGH THE PROPOSED PROJECT COULD HAVE A SIGNIFICANT AFFECT ON THE ENVIRONMENT, THERE WxLL NOT BE IN THIS CASE BECAUSE OF THE MITIGATION MEASURES IDENTIFIED, AND THAT WE ADOPT A MITIGATED NEGATIVE DECLARATION FOR THE PROJECT OF THE CONSTRUCTION OF A NEW JAIL FACILITY. M S VOTE: 1 Y 2 Y 3 Y 4 Y 5 AB (Unanimously Carried) 89-188 Public Comment. (PRESENTATIONS WILL BE LIMITED TO FIVE MINUTES. THE BOARD OF SUPERVISORS IS PROHIBITED BY STATE LAW FROM TARING ACTION ON ANY ITEM PRESENTED IF IT IS NOT LISTED ON THE AGENDA.} (2562} (NONE) Rea~lar Agenda 89-259 Appointments - commissions and committees. a. Appointments to committee vacancies. (2575) MOTION: MOVE TO REAPPOINT SUPERVISOR McINTURF AS THE REGULAR MEMBER AND SUPERVISOR McLAUGHLIN AS THE ALTERNATE MEMBER OF LAFCO. 89-190 CLOSED SESSION: The Board recessed to closed session at 11:20 a,m. on a personnel matter. RECONVENE: The Board reconvened at 11:45 a.m. following a closed session on personnel. (NO ACTION TAKEN} (SUPERVISOR DOLAN ABSENT} Public Hearings and Timed Items 89-191 Public hearing - Butte County Planning Commission - consideration of rezone to remove requirements of conditional zoning on property zoned A-20 {agricultural - 20 acre parcels} {proposed negative declaration regarding environmental impact}, property located on the south side of Los Verjeles Road, approximately one mile southeast of Bangor, identified as various AP numbers, southeast of Orvville. (2660} Page 119 April 25, 1989 •; April 25, 1989 MOTION: MOVE AS FOLLOWS: A. NOTE THE REQUIREMENTS OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) HAVE BEEN COMPLETED AND CONSIDERED iN MAKING THIS DECISION; AND B. NOTE THE PREVIOUS NEGATIVE DECLARATION FOR THE DAVID ENGET REZONE CERTIFIED BY THE BOARD OF SUPERVISORS AUGUST 16, 1988, IN APPROVING THE REZONE TO A-20; AND C. FIND THAT REMOVAL OF THE REQUIREMENT FOR CONDITIONAL ZONING CONFORMS TO THE POLICIES INCLUDING THE TEXT AND MAP OF THE BUTTE COUNTY GENERAL PLAN; AND D. RESCIND RESOLUTION 88-122 REQUIRING AN AGREEMENT ON THE BEHALF OF THE COUNTY OF BUTTE RELATING TO RECLASSIFICATION OF ZONING WHILE RETAINING ORDINANCE 2698 REZONING THE SUBJECT PROPERTY IDENTIFIED AS AP 28-09-7, 8, 9, 10, 11, 12, AND 28-23-37, 38, 39, 40, 43, 44, 45, 46, 47, 48, AND 49 TO A-20 (Agricultural-20 acre parcels.) M S VOTE: 1 Y 2 AB 3 Y 4 Y 5 AB (Unanimously Carried) ADJOURNMENT: There being nothing further before the Board at this time, the meeting was adjourned at 1,1:47 a.m. to reconvene on Tuesday, May 2, 1989 at 9;00 a.m. airman, Bo'ard`o~ Supervisors ATTEST: WILLIAM H. RANDOLPH, Chief Administrative Officer and Cler of the Board By ' ~... Page 120 April 25, 1989