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HomeMy WebLinkAboutM050592May 5, 1992 Call to order - Board of Supervisors room, County Administration Building, 25 County Center Drive, Oroville. Supervisors Fulton, Houx, McInturf, McLaughlin and Chair polan present. Starlyn Brown, acting 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. 92-170 Items removed from the Consent Agenda for Board consideration and action. 1. Approval of minutes - action requested - APPROVE MINUTES OF APRIL 21, 1992. 2. Purchasing Department - price quotes were received for the purchase of two used vehicles for the District Attorney's Office (Welfare Fraud). The vehicles/quotes have been evaluated and the lowest quote meeting specifications is Larry Geweke Ford of Marysville in the amount of $11,658.64 each, including tax, smog and document fees - action requested - AUTHORIZE PURCHASE OF FIXED ASSET ITEMS. 3. Risk Management - Board authorization is requested for the purchase of an IBM compatible computer and peripheral equipment to replace a computer with a defective hard disk, and a printer to replace an existing printer which produces inferior print and has limited capabilities. Total cost for computer and printer is estimated at $2,300 and would be funded from existing appropriations - action requested - APPROVE PURCHASE OF FIXED ASSET ITEMS. 4. Adoption of a salary ordinance amendment establishing one extra help classification of waterways enforcement specialist for the Sheriff's Department at a rate of $12 per hour - action requested - ADOPT ORDINANCE AND AUTHORIZE THE CHAIR TO SIGN. Page 134 May 5, 1992 92-170 May 5, 1992 5. Adoption of a salary ordinance amendment to reclassify one mental health clinician II to program manager - mental health and flexibly staff one mental health clinician II position to mental health clinician II/I. The request to flexibly staff the mental health clinician II position is due to the difficulty in recruiting at the higher level - action requested - ADOPT ORDINANCE AND AUTHORIZE THE CHAIR TO SIGN. 6. Adoption of an ordinance amending Article XVIII of Chapter 2 of the Butte County Code regarding establishing a County Department of Development Services and amending certain sections of Chapters 2, 20, 24, 26, 26B, 27, 27A, 28, 32 and 41 to conform such sections with the establishment of said department - action requested - ADOPT ORDINANCE AND AUTHORIZE THE CHAIR TO SIGN. 7. Introduction of a salary ordinance amendment flexibly staffing three engineering technician II, I positions to one position of civil engineering - assistant or engineering technician II, and two positions of engineering technician II - action requested - WAIVE READING OF THE ORDINANCE. 8. Introduction of a salary ordinance amendment increasing from one-half time to full time one office assistant II position in the Planning Department on a temporary basis due to a clerical employee's maternity leave. The one half time clerical position will not be filled during the length of the leave of absence thus resulting in cost savings for the department - action requested - WAIVE READING OF THE ORDINANCE. 9. Introduction of an ordinance amending Chapters 26 (Buildings), 26B (Mechanical Code), and 28 (Plumbing) of the Butte County Code to adopt and incorporate code amenclnaents of 1991 effective July 1, 1992 - action requested - WAIVE READING OF THE ORDINANCE. l0. Program supplement no. 003 to master agreement no. SLTPP-5912 - reimbursement of funds for qualified projects under the State-Local Transportation Partnership Program (SLTPP) (formerly SB 140/SB 300), requires execution of a program supplement to master agreement no. SLTPP-5912 - action requested - APPROVE PROGRAM SUPPLEMENT NO. 003 AND AUTHORIZE THE CHAIR TO SIGN. Page 135 May 5, 1992 92-170 May 5. 1992 11. Approval of plans and specifications for reconstruction of Lower Wyandotte Road, from Upper Palermo Road to District Center Drive, County Project No. 23511-90-1 - plans and specifications have been completed for the project - action requested - APPROVE PLANS AND SPECIFICATIONS; AUTHORIZE CHAIR AND DIRECTOR-PUBLIC WORKS TO SIGN PLANS; ADOPT WAGE SCALE; AND SET BID OPENING ON MAY 28, 1992 AT 11:00 A.M. IN THE PUBLIC WORKS OFFICE. 12. Approval of road reconstruction project for pavement overlay of various Butte County roads, County Project No. AC-92-1. Budget transfer B-182 has been prepared for the necessary appropriation - action requested - APPROVE PROJECT; APPROVE PLANS AND SPECIFICATIONS; ADOPT WAGE SCALE; AND SET BID OPENING FOR MAY 28, 1992 AT 11:00 A.M. IN THE PUBLIC WORKS OFFICE. 13. Enloe Hospital - proposed is an amendment which increases the documentation necessary for the provision of perinatal case management services to women referred by Butte County Alcohol and Drug Services, and shifts the compensation from $40/hour to an actual expense line item budget with the maximum contract amount remaining at $15,000 - action requested - APPROVE AMENDMENT TO AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. 92-171 Consent Aqenda 1. Budget transfers - action requested - APPROVE BUDGET TRANSFERS B-168 (SHERIFF), B-169 (MENTAL HEALTH), B-170 (PROBATION), B-171 (ELECTIONS), B-172 (RECORDER), B-173 (PROBATION), B-174 (SUPERIOR COURT), B-175 (DISTRICT ATTORNEY/FAMILY SUPPORT), B-176 (FISH AND GAME), B-177 (OROVILLE TRANSIT), B- 178 (SUPERIOR COURT), B-182 (PUBLIC WORKS), B-183 (SUPERIOR COURT), B- 184 (PUBLIC DEFENDER}, B-185 (BUILDING INSPECTION), B-187 (WELFARE ADMINISTRATION), B-188 (FIRE PROTECTION - VOLUNTEERS), AND B-189 (FIRE PROTECTION - VOLUNTEERS). 2. Jack Vollendroff - abandonment of a 20 foot alley, property located on the west side of Perkins Street, between Gold Avenue and Lakeland Avenue, north of Long Bar Road, AP 033-028-001, 002, 003, 004 and 005, Oroville - action requested - ADOPT RESOLUTION 92-45 SETTING A PUBLIC HEARING FOR JUNE 9, 1992 AT 10:00 A.M. Page 136 May 5, 1992 92-171 May 5. 1992 3. R. D. Wilkinson - abandonment of a public utility easement, lots 218 and 219, Paradise Pines, Unit 12, identified as AP 064-020-056, Magalia - action requested - ADOPT RESOLUTION 92-46 SETTING A PUBLIC HEARING FOR JUNE 9, 1992 AT 10:00 A.M. AND AUTHORIZE THE CHAIR TO SIGN. 4. County Library donations - in accordance with Government Code Section 25355, donations of $300 anonymously, and $200 from Quota Club of Gridley have been received for the Butte County Library Trust Fund for the purchase of books - action requested - ACCEPT DONATIONS AND AUTHORIZE LETTER OF APPRECIATION. 5. Fire Department - the Golden Feather Volunteer Fire Company desires to donate $11,002.50 for a 50/50 cost share with the County for the purchase of a 1975 fire engine from the City of Davis - action requested - ACCEPT DONATION AND AUTHORIZE THE CHAIR TO SIGN. 6. General Services - Robert Cefail and Associates, telecommunications consultants, has donated two Kenwood dual band mobile radios with accessories to the Communications Office for use by the telecommunications officer and the emergency services officer - action requested - ACCEPT DONATIONS AND AUTHORIZE LETTER OF APPRECIATION. 7. Private Industry Council - action requested - APPOINT MARGARET "MOLLY" WILLIAMS (CHICO AREA) TO SERVE AN UNEXPIRED TERM TO JUNE 14, 1993. 8. Eugene A. Ringel, Chico - files a claim for indemnification in an unspecified amount for alleged damages as a result of an alleged incident on a bridge located along Hoffman Road on or near the Camelot Spring Valley Ranch Subdivision on or about March 4, 1991 - action requested - REJECT CLAIM FOR INDEMNIFICATION AND REFER TO COUNTY COUNSEL AND RISK MANAGEMENT. 9. Fish and Game Commission - Board authorization is requested for the purchase of a camcorder to be used in fish and game enforcement program pursuant to the stipulation in People v. Button Transportation, Inc. Budget transfer B-176 has been prepared for the necessary appropriation - action requested - AUTHORIZE PURCHASE OF FIXED ASSET ITEM. Page 137 May 5, 1992 ~ ~ 92-171 May 5, 1992 10. Fire Department - Board authorization is requested for the purchase with a 50/50 cost share with Golden Feather Volunteer Fire company of a 1975 fire engine (serial number 724725, mfg. HMSD/2050A) from the City of Davis. The total cost is $22,005 (County share $11,002.50). Budget transfer B-189 has been prepared for the necessary appropriation - action requested - AUTHORIZE PURCHASE OF FIXED ASSET ITEM. 11. Public Works Department - Board authorization is requested for the purchase of one new replacement vehicle for the Building Division, estimated at $13,000. Sufficient funding is available within authorized fixed assets - action requested - AUTHORIZE PURCHASE OF FIXED ASSET ITEM. 12. Award of bid 66-92 - Richvale Fire Station remodeling - bids have been received for the remodeling of the fire station located in Richvale. The bids have been evaluated and the lowest bid is Craig & Dan Hill Construction of Oroville in the amount of $45,135 - action requested - AWARD BID. 13. Superior Court - Board authorization is requested to purchase one Bendix-King 14 channel portable radio with metal case (model EPH5140A}, one single unit charger (model LAA325), and one speaker microphone with earphone (model LAA0207) to enhance the court's security system. Budget transfer B-174 has been prepared for the necessary appropriation - action requested - APPROVE PURCHASE OF FIXED ASSET ITEMS. 14. Superior Court - Board authorization is requested for the purchase of an IBM compatible computer and peripheral equipment in the estimated amount of $2,140, and two monitors and video cards to upgrade computers currently in use in the estimated amount of $923. Budget transfer B-183 has been prepared for the necessary appropriation - action requested - APPROVE PURCHASE OF FIXED ASSET ITEMS. 15. Introduction of a salary ordinance amendment deleting classification titles of occupational therapist assistant and physical therapist assistant and adding the classification title of occupational/physical therapist assistant, correcting administrative errors in the Management, Confidential and Supervisory Unit classifications, and adding a flat rate assignment classification of administrative aide at $4.25/hour - action requested - WAIVE READING OF THE ORDINANCE. Page 138 May 5, 1992 92-171 May 5, 1992 16. Resolution establishing a Juvenile Hall Education, Recreation, and Special Projects Fund - action requested - ADOPT RESOLUTION 92-47 AND AUTHORIZE THE CHAIR TO SIGN. 17. Resolution naming May 13, 1992 California Probation, Parole and Correctional Association (CPPCA) Day in conjunction with National Corrections Week - action requested - ADOPT RESOLUTION 92-48 AND AUTHORIZE THE CHAIR TO SIGN. 18. Agricultural Commissioner/Director-Weights and Measures - proposed by a subcommittee of Supervisors McLaughlin and Fulton is an agreement reappointing the Agricultural Commissioner/Director-Weights and Measures to a four year term - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. 19. Family Services Association - due to the high probability of failure to perform services and requirements pursuant to the County's contract with Family Services Association for patients' rights advocate services, the contractor has been given notice by the Director-Mental Health that the County is exercising it's right to terminate the contract effective April 20, 1992. This action is pursuant to the termination clause of the contract found in paragraph 19-b which requires a five day written notice in event of failure to perform - action requested - APPROVE TERMINATION OF CONTRACT. 20. Butte County Office of Education - proposed is an amendment which increases to $58,443 (from $50,803) the contract maximum whereby school-based prevention and coordination services are provided to youth at risk of drug or alcohol abuse in Butte County - action requested - APPROVE AMENDMENT TO AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. 21. Duerr Evaluation Resources - as required by the funding sources, a contract services agreement is proposed for the development and implementation of evaluation components for the Office of Treatment Improvement and High Risk Youth Set Aside grants from November 1, 1991 through June 30, 1992 in the maximum amount of $52,228.02 - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. 22. Local Solid Waste Enforcement Agency (LEA) - proposed is a Notice of Designation of Local Agency redesignating the Butte County Health Department as the designated local agency - action requested - APPROVE NOTICE OF DESIGNATION OF LOCAL AGENCY AND AUTHORIZE THE CHAIR TO SIGN. Page 139 May 5, 1992 92-171 May 5, 1992 23. Board meetings - modification of Board meeting dates for June, 1992 from June 2nd and June 16th to June 9th and June 23rd - action requested - APPROVE MODIFICATION OF BOARD MEETING DATES FOR JUNE, 1992. 24. Hazard Communication Program - Title 8, Section 5194(b)(1), California Code of Regulations requires employers to develop a Hazard Communication Program to provide information to employees about the hazardous substances to which they may be exposed - action requested - ADOPT THE HAZARD CONIIriiTNICATION PROGRAM FOR INCLUSION IN THE COUNTY'S SAFETY PROGRAM SO THAT ALL DEPARTMENTS CAN PROACTIVELY ADMINISTER THE ELEMENTS OF THE PLAN. 25. Town of Paradise - the Town Clerk forwards a Declaration and Call for Special Municipal Election to be held July 7, 1992 to fill the unexpired terms of office of four town council members who were successfully recalled at the special municipal election held on March 31, 1992 - action requested - AUTHORIZE THE COUNTY CLERK-RECORDER TO CONDUCT THE SPECIAL MUNICIPAL ELECTION OF JULY 7, 1992 FOR THE TOWN OF PARADISE. 26. Sheriff's Department - Board authorization is requested to purchase two surplus military 65 KW generators from the State General Services surplus property warehouse at a cost of $600 each. The generators are valued considerably higher and are proposed for use as an auxiliary power source in the new jail - action requested - APPROVE PURCHASE OF FIXED ASSET ITEMS, AND A BUDGET TRANSFER AS APPROPRIATE. 27. Resolution in honor of Earl Patterson, Public Works Department, in recognition of his retirement after 39 years of County service - action requested - ADOPT RESOLUTION 92-49 AND AUTHORIZE THE CHAIR TO SIGN. 28. Office of Criminal Justice Planning (OCJP) - proposed is a grant application in the amount of $13,370 to increase from one half time to full time a deputy sheriff to conduct drug abuse resistance education (D.A.R.E.) programs in County schools, 100 hours of training for officers involved in County anti-drug efforts and enforcement, and the purchase of two tactical entry, protective jackets for Butte Anti-drug Special Surveillance (B.A.S.S.) unit officers - action requested - APPROVE GRANT APPLICATION AND AUTHORIZE THE CHAIR TO SIGN. Page 140 May 5, 1992 92-171 May 5. 1992 MOTION: MOVE TO APPROVE THE CONSENT AGENDA WITH THE REMOVAL OF ITEMS 3.01, 3.14, 3.15, 3.18, 3.19, 3.20, 3.21, 3.23, 3.24, 3.27, 3.28, 3.29 AND 3.34. S M VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y(Unanimously Carried) Regular Agenda 92-172 Presentation of resolution by Supervisor McLaughlin on behalf of the Board to Earl Patterson in honor of his retirement from the Public Works Department. 92-173 Items removed from the Consent Agenda for Board consideration and action. 1. Approval of minutes - action requested - APPROVE MINUTES OF APRIL 21, 1992. (107) MOTION: MOVE TO APPROVE MINUTES OF APRIL 21, 1992. S M VOTE: 1 AB 2 Y 3 Y 4 Y 5 Y(Unanimously Carried) 2. Purchasing Department - price quotes were received for the purchase of two used vehicles for the District Attorney's Office (Welfare Fraud). The vehicles/quotes have been evaluated and the lowest quote meeting specifications is Larry Geweke Ford of Marysville in the amount of $11,658.64 each, including tax, smog and document fees - action requested - AUTHORIZE PURCHASE OF FIXED ASSET ITEMS. (209) MOTION: I MOVE TO AUTHORIZE PURCHASE OF FIXED ASSET ITEMS. M S VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y(Unanimously Carried) 3. Risk Management - Board authorization is requested for the purchase of an IBM compatible computer and peripheral equipment to replace a computer with a defective hard disk, and a printer to replace an existing printer which produces inferior print and has limited capabilities. Total cost for computer and printer is estimated at $2,300 and would be funded from existing appropriations - action requested - APPROVE PURCHASE OF FZXED ASSET ITEMS. (340} MOTION: I MOVE TO RECONSIDER THIS ITEM UPON THE COMMENCEMENT OF THE NEW FISCAL YEAR, JULY 1, 1992. M S VOTE: 1 Y 2 N 3 Y 4 Y 5 Y(Motion Carried) Page 141 May 5, 1992 92-173 May 5, 1992 4. Adoption of a salary ordinance amendment establishing one extra help classification of waterways enforcement specialist for the Sheriff's Department at a rate of $12 per hour - action requested - ADOPT ORDINANCE AND AUTHORIZE THE CHAIR TO SIGN. (383) MOTION: I MOVE TO ADOPT ORDINANCE 2999 AND AUTHORIZE THE CHAIR TO SIGN. S M VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y(Unanimously Carried) 5. Adoption of a salary ordinance amendment to reclassify one mental health clinician II to program manager - mental health and flexibly staff one mental health clinician II position to mental health clinician II/I. The request to flexibly staff the mental health clinician II position is due to the difficulty in recruiting at the higher level - action requested - ADOPT ORDINANCE AND AUTHORIZE THE CHAIR TO SIGN. (555) MOTION: I MOVE TO ADOPT ORDINANCE 3000 AND AUTHORIZE THE CHAIR TO SIGN. M S VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y(Unanimously Carried) 6. Adoption of an ordinance amending Article XVIII of Chapter 2 of the Butte County Code regarding establishing a County Department of Development Services and amending certain sections of Chapters 2, 20, 24, 26, 26B, 27, 27A, 28, 32 and 41 to conform such sections with the establishment of said department - action requested - ADOPT ORDINANCE AND AUTHORIZE THE CHAIR TO SIGN. (856} MOTION: I MOVE TO ADOPT ORDINANCE 3001 AND AUTHORIZE THE CHAIR TO SIGN. S M VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y(Unanimously Carried) 7. Introduction of a salary ordinance amendment flexibly staffing three engineering technician II, I positions to one position of civil engineering - assistant or engineering technician II, and two positions of engineering technician II - action requested - WAIVE READING OF THE ORDINANCE. (1467) MOTION: I MOVE TO WAIVE READING OF THE ORDINANCE. M S VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y(Unanimously Carried) Page 142 May 5, 1992 92-173 May 5. 1992 8. Introduction of a salary ordinance amendment increasing frvm one-half time to full time one office assistant II position in the Planning Department on a temporary basis due to a clerical employee's maternity leave. The one half time clerical position will not be filled during the length of the leave of absence thus resulting in cost savings for the department - action requested - WAIVE READING OF TIiE ORDINANCE. (1495) MOTION: VOTE: I MOVE TO WAIVE READING S M 1 Y 2 Y 3 Y 4 Y 5 Y OF THE ORDINANCE. (Unanimously Carried) 9. Introduction of an ordinance amending Chapters 26 (Buildings), 26B (Mechanical Code), and 28 (Plumbing) of the Butte County Code to adopt and incorporate code amendments of 1991 effective July 1, 1992 - action requested - WAIVE READING OF THE ORDINANCE. (1519) MOTION: VOTE: I MOVE TO WAIVE READING M S 1 Y 2 Y 3 Y 4 Y 5 Y OF THE ORDINANCE. (Unanimously Carried) 10. Program supplement no. 003 to master agreement no. SLTPP-5912 - reimbursement of funds for qualified projects under the State-Local Transportation Partnership Program (SLTPP) (formerly SB 140/SB 300), requires execution of a program supplement to master agreement no. SLTPP-5912 - action requested - APPROVE PROGRAM SUPPLEMENT NO. 003 AND AUTHORIZE THE CHAIR TO SIGN. (180d) MOTION: I MOVE TO APPROVE PROGRAM SUPPLEMENT NO. 003 AND AUTHORIZE THE CHAIR TO SIGN. S M VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y(Unanimously Carried) 11. Approval of plans and specifications for reconstruction of Lower Wyandotte Road, from Upper Palermo Road to District Center Drive, County Project No. 23511-90-1 - plans and specifications have been completed for the project - action requested - APPROVE PLANS AND SPECIFICATIONS; AUTHORIZE CHAIR AND DIRECTOR-PUBLIC WORKS TO SIGN PLANS; ADOPT WAGE SCALE; AND SET BID OPENING ON MAY 28, 1992 AT 11:00 A.M. IN THE PUBLIC WORKS OFFICE. {1819) Page 143 May 5, 1992 ~ 92-173 May 5, 1992 MOTION: I MOVE TO APPROVE PLANS AND SPECIFICATIONS; AUTHORIZE CHAIR AND DIRECTOR-PUBLIC WORKS TO SIGN PLANS; ADOPT WAGE SCALE; AND SET BID OPENING ON MAY 28, 1992 AT 11:00 A.M. IN THE PUBLIC WORKS OFFICE. S M VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y(Unanimously Carried) 12. Approval of road reconstruction project for pavement overlay of various Butte County roads,County Project No. AC-92-1. Budget transfer B-182 has been prepared for the necessary appropriation - action requested - APPROVE PROJECT; APPROVE PLANS AND SPECIFICATIONS; ADOPT WAGE SCALE; AND SET BID OPENING FOR MAY 28, 1992 AT 11:00 A.M. IN THE PUBLIC WORKS OFFICE. (2073) VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y(Unanimously Carried) MOTION: I MOVE TO APPROVE PROJECT; APPROVE PLANS AND SPECIFICATIONS; ADOPT WAGE SCALE; AND SET BID OPENING FOR MAY 28, 1992 AT 11:00 A.M. IN THE PUBLIC WORKS OFFICE. S M 13. Enloe Hospital - proposed is an amendment which increases the documentation necessary for the provision of perinatal case management services to women referred by Butte County Alcohol and Drug Services, and shifts the compensation from $40/hour to an actual expense line item budget with the maximum contract amount remaining at $15,000 - action requested - APPROVE AMENDMENT TO AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (2107) MOTION: I MOVE TO APPROVE AMENDMENT TO AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. S M VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y(Unanimously Carried) RECESS: 10:17 A.M. RECONVENE: 10:30 A.M. Page 144 May 5, 1992 May 5, 1992 Public Hearinqs and Timed Items 92-174 Public hearing - Garland Hart - consideration of a rezone (item which is not subject to envirorunental review pursuant to general rules contained within section 15061 (b3)) for proposed boundary line modification to change 6.68 acres from "U" (unclassified) to TP-160 (timber preserve - 160 acre parcels), 5.44 acres from TP-160 (timber preserve - 160 acre parcels) to TM-40 (timber mountain - 40 acre parcels) and the remaining portion of parcel 060-070-002 from "U" (unclassified) to TM-40 (timber mountain - 40 acre parcels), property located on Humboldt Road approximately 1.5 miles east of Skyway, AP 060-070-002, 020, Butte Meadows. {2214) MOTION: I MOVE TO ACCEPT THE RECOMMENDATIONS OF STAFF MEMORANDUM DATED FEBRUARY 26, 1992, AND A. FIND THAT: l. THIS PROJECT IS CONSIDERED A GENERAL RULE EXEMPTION FROM THE PROVISIONS OF CEQA PER SECTION 15061(b3): "THERE IS NO POSSIBILZTY THAT THIS REQUEST MAY HAVE A SIGNIFICANT EFFECT ON THE ENVIRONMENT AND, THEREFORE, IS NOT SUBJECT TO CEQA."; 2. THE PROPOSED ZONING IS CONSISTENT WITH THE BUTTE COUNTY GENERAL PLAN, INCLUDING THE TEXT AND MAP, BECAUSE IT ZS GOING TO ELIMINATE A PORTION OF THE "U" ZONE AND PUT IT INTO A COMPATIBLE ZONING.; B. ADOPT WRITTEN FINDINGS FOR IMMEDIATE REZONING THAT: 1. THE IMMEDIATE REZONING WOULD BE IN THE PUBLIC INTEREST.; 2. THE INII~iEDIATE REZONING DOES NOT HAVE A SUBSTANTIAL AND UNMITIGATED ADVERSE EFFECT UPON THE CONTINUED TIMBER-GROWING USE OR OPEN-SPACE USE OF OTHER LAND ZONED AS TIMBER PRESERVE AND SITUATED WITHIN ONE MILE OF THE EXTERIOR BOUNDARY OF THE LAND UPON WHICH IMI~DIATE REZONING IS PROPOSED.; 3. THE SOIIS, SLOPES, AND WATERSHED CONDITIONS WILL BE SUITABLE FOR THE USES PROPOSED BY THE APPLICANT IF THE IMMEDIATE REZONING IS APPROVED.; 4. THE IMMEDIATE REZONING IS NOT INCONSISTENT WITH THE PURPOSES OF SUBDIVISION (J) OF SECTION 3 OF ARTICLE XIII OF THE CONSTITUTION AND OF THIS CHAPTER IN THAT MERCHANTABLE TIMBER IS NOT LOCATED IN TFiE ROAD EASEMENT AREA.; AND C. TENTATIVELY APPROVE IIrII~IEDIATE REZONING TO TM-40 AND T-160 FOR THAT PROPERTY IDENTIFIED AS AP 060-070-002 AND 020 (GARLAND HART AND ROSEBURG LUMBER, RESPECTIVELY). THIS TENTATIVE APPROVAL SHALL BE FORWARDED TO AND APPROVED BY THE STATE BOARD OF FORESTRY. UPON APPROVAL OF THE CONVERSION BY THE STATE BOARD OF FORESTRY, THE BOARD OF SUPERVISORS'S TENTATIVE APPROVAL SHALL BECOME FINAL. M S VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y(Unanimously Carried) Page 145 May 5, 1992 May 5. 1992 92-175 Public hearing - Butte County Planning Commission - consideration of amendment to the Butte County Code (proposed negative declaration regarding environmental impact) Section 24-35, Off Street Parking. The amendment will add provisions for compact car spaces 7 1/2 feet wide and 16 feet deep (standard spaces are nine feet wide x 20 feet deep) . Up to 40 percent of the required spaces could be designated for compact cars, Countywide. (2429} MOTION: I MOVE TO ACCEPT THE RECOMMENDATIONS OF STAFF MEMORANDUM DATED MARCH 16, 1992, AND A. FIND THAT THE REQUIREMENTS OF CEQA HAVE BEEN COMPLETED AND CONSIDERED IN MAKING THIS DECISION AND ADOPT A NEGATIVE DECLARATION REGARDING ENVIRONMENTAL IMPACTS; B. FIND THAT THE PROPOSED CODE AMENDMENT CONFORMS TO THE POLICIES, INCLUDING THE TEXT AND MAP OF THE BUTTE COUNTY GENERAL PLAN, BECAUSE IT SEEMS TO REFLECT EXISTING RATIOS IN THE MARKET PLACE; AND C. ADOPT ORDINANCE 3002 AMENDING THE BUTTE COUNTY ZONING CODE CHAPTER 24, SECTION 24-35, OFF-STREET PARKING AS SHOWN ON STAFF MEMORANDUM DATED APRIL 20, 1992, EXHIBIT "A", INCLUDING THE SIZE AND ACCESS DESIGN DIAGRAMS FOR BOTH STANDARD AND COMPACT CAR PARKING SPACES. M S VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y(Unanimously Carried) 92-176 Public hearing - Butte County Planning Commission and Keith Noble - consideration of amendment to Butte County Code (proposed negative declaration regarding environmental impacts) Section 24-108, C-C (community commercial) zone; and Section 24-125, N-C (neighborhood commercial) zone. The amendment will remove the requirement for a site plan approval by the Planning Commission and to make multi-family residential uses a conditional use subject to a use permit, Countywide, and to add a restaurant use by use permit in the N-C (neighborhood commercial) zone. (2552) MOTION: I MOVE TO ACCEPT RECOMMENDATIONS OF STAFF MEMORANDUM DATED FEBRUARY 24, 1992, AND A. FIND THAT THE REQUIREMENTS OF CEQA HAVE BEEN COMPLETED AND CONSIDERED IN MAKING THIS DECISION AND ADOPT A NEGATIVE DECLARATION REGARDING ENVIRONMENTAL IMPACTS; B. FIND THAT THE PROPOSED CODE AMENDMENT CONFORMS TO THE POLICIES, INCLUDING THE TEXT AND MAP OF THE BUTTE COUNTY GENERAL PLAN; AND C. ADOPT ORDINANCE 3003 AMENDING THE BUTTE COUNTY ZONING CODE CHAPTER 24, SECTION 24-108 C-C (COMMUNITY COMMERCIAL) ZONE AND SECTION 24-125 N-C (NEIGHBORHOOD COMMERCIAL) ZONE. S M VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y(Unanimously Carried) Page 146 May 5, 1992 May 5, 1992 92-177 Public hearing - Butte County Board of Supervisors - consideration of amendment to Butte County Code (item not subject to California Environmental Quality Act (CEQA)) to add Section 24-40 to create an administrative review process including the formation of a staff review committee. Prvposed Section 24-40 will provide necessary review of projects that normally have similar impacts and concerns regardless of their location with less cost and time to the applicant, Countywide. Public hearing - Butte County Board of Supervisors - consideration of amendment to the Butte County Code (item not subject to California Environmental Quality Act (CEQA)) Section 24-201, Day Care Facilities. The amendment will allow large family day care facilities (up to 12 children) subject to an administrative permit (proposed Butte County Code Section 24-40 above). This action will modify the current requirement for a more expensive and time consuming use permit, Countywide. Public hearing - Butte County Board of Supervisors - consideration of amendment to Butte County Code (item not subject to California Environmental Quality Act (CEQA)) Section 24-202, Construction of Additional Dwelling Unit. The amendment will allow the construction of additional "Senior Citizen Dwelling Units" (62-1200) subject to an administrative permit (proposed Butte County Code Section 24-40 above). This action will modify the current requirement for a more expensive and time consuming use permit, Countywide. (2773) (**00) MOTION: I MOVE TO A. FIND THAT THE PROPOSED CODE AMENDMENTS ARE NOT SUBJECT TO REVIEW UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT.; B. FIND THAT THE ADOPTION OF AN ADMINISTRATIVE REVIEW PROCESS WILL SIMPLIFY THE PERMITTING OF CERTAIN CLASSES OF LAND USES, WILL BENEFIT THE COUNTY AND THE PUBLIC, AND WILL BE CONSISTENT WITH THE BUTTE COUNTY GENERAL PLAN AND ZONING ORDINANCE.; C. FIND THAT ALLOWING LARGE FAMILY DAY CARE FACILITIES THROUGH AN ADMINISTRATIVE REVIEW PROCESS WILL SIMPLIFY THE PERMITTING OF SAID USES, WILL FURTHER THE GOAL OF PROVIDING AFFORDABLE CHILD CARE, WILL BE CONSISTENT WITH THE BUTTE COUNTY GENERAL PLAN AND ZONING ORDINANCE; AND WILL BE COMPATIBLE WITH ALL RESIDENTIAL LAND USES BECAUSE OF THE STANDARDS SET FORTH IN THIS SECTION; D. FIND THAT THE PROPOSED ZONING CODE AMENDMENT CONFORMS TO THE POLICIES, INCLUDING THE TEXT AND MAP OF THE Page 147 May 5, 1992 May 5, 1992 92-177 BUTTE COUNTY GENERAL PLAN BECAUSE IT IS CONSISTENT WITH THE RESIDENTIAL ZONING CLASSIFICATIONS, AND THE CALIFORNIA GOVERNMENT CODE, PLANNING AND ZONING LAW SECTION 65852.1 "GRANNY HOUSING".; AND E. ADOPT ORDINANCE 3004 (AMENDING PAGE 2 COMMENCING LINE 6, "THE NOTICE SHALL BE GIVEN BY MAIL TO THE OWNERS OF ALL PROPERTY WITHIN 300 FT. FROM THE EXTERIOR BOUNDARTES OF THE SUBJECT PARCEL. SAID NOTICE SHALL BE MAILED TO SAID PROPERTY OWNERS AT THEIR LAST KNOWN ADDRESS USING THE ADDRESS FROM THE LATEST EQUALIZED ASSESSMENT ROLL OF THE COUNTY OF BUTTE, EXCEPT THAT IN NO CASE SHALL LESS THAN THIRTY ~30) SEPARATE AND INDIVIDUAL PROPERTY OWNERS CLOSEST TO THE AREA BEING CONSIDERED BE NOTIFIED.") AMENDING THE BUTTE COUNTY CODE ADDITION SECTION 24-40 TO ALLOW THE ADMINISTRATIVE PERMIT PROCESS; ALSO AMENDING CODE SECTION 24-201 DAY CARE FACILITIES, AND CODE SECTION 24-202 SENIOR CITIZEN DWELLING UNIT, PROVIDING FOR AN ADMINISTRATIVE PERMIT PROCESS. M S VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) Regular Agenda 92-178 Designated Area Deputy (DAD) Program - proposed is implementation of the DAD Program to replace the existing resident deputy program in an effort to enhance law enforcement coverage in remote areas of the County - action requested: A. AUTHORIZE IMPLEMENTATION OF THE DESIGNATED AREA DEPUTY PROGRAM; AND B. WAIVE READING OF THE SALARY ORDINANCE. (75) MOTION: I MOVE TO AUTHORIZE IMPLEMENTATION OF THE DESIGNATED AREA DEPUTY PROGRAM, AND WAIVE READING OF THE SALARY ORDINANCE. S M VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y(Unanimously Carried) Page 148 May 5, 1992 Mav 5, 1992 Public Hearinas and Timed Items 92-179 Continued hearing - Sierra West Surveying on behalf of Kenneth Terrell - consideration of an appeal of condition no. 1(provide two-way traversable access RS- 2-B to each parcel from a County maintained road or State highway) on tentative parcel map (item for which categorical exemption from environmental review has been recommended), AP 07-16-07, four parcels, property located at the northwest corner of East Lassen Avenue and Northgate Drive, Chico area. (246) MOTION: I MOVE TO UPHOLD THE APPEAL AND DELETE CONDITION NO. 1 WHICH REQUIRES PROVISION OF TWO-WAY TRAVERSABLE ACCESS RS-2-B TO EACH PARCEL FROM A COUNTY MAINTAINED ROAD OR STATE HIGHWAY PURSUANT TO BUTTE COUNTY CODE SECTION 20-66(c) AND FIND: (1) THE PROPOSED CHANGE IN THE CONDITION WILL NOT ADVERSELY AFFECT OR CAUSE A MODIFICATION OF THE FINDINGS AND DETERMINATIONS MADE IN THE ENVIRONMENTAL REVIEW PROCESS; (2) THE PROPOSED CHANGE IN THE CONDITION WILL NOT BRING ABOUT AN INCONSISTENCY TO THE GENERAL PLAN, OR TO THE ZONE OR TO ANY SPECIFIC PLANS FOR THE PROPERTY IN QUESTION; AND ( 3) THE PARCEL MAP OR FINAL MAP HAS NOT BEEN RECORDED. M S VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y(Unanimously Carried) Reqular Aqenda 92-180 Appointments - commissions and committees. a. Appointments to committee vacancies. (380) (NONE) 92-181 Consideration of a freeze on equipment purchases - action requested - DIRECT COUNTY DEPARTMENTS TO IMMEDIATELY CEASE FIXED ASSET ACCOUNT EQUIPMENT PURCHASES THROUGH JUNE 30, 1992, EXCEPT THAT UNDER EMERGENCY CONDITIONS, A DEPARTMENT HEAD MAY REQUEST RELIEF FROM THE BOARD OF SUPERVISORS ON A CASE BASIS. (387) MOTION: I MOVE TO DIRECT ALL COUNTY DEPARTMENTS TO IMMEDIATELY CEASE FIXED ASSET ACC~UNT EQUIPMENT PURCHASES THROUGH JUNE 30, 1992, EXCEPT THAT UNDER EMERGENCY CONDITIONS, A DEPARTMENT HEAD MAY REQUEST RELIEF FROM THE BOARD OF SUPERVISORS ON A CASE BASIS. M S VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y(Unanimously Carried) Page 149 May 5, 1992 May 5, 1992 92-182 Consideration of a late appeal pursuant to Butte County Code Section 20-66(c) - Barnhart-Brown & Associates, on behalf of Shirley and Charles Thresher, appeals condition no. 2(Provide two-way traversable access RS-9-LD-I to each parcel from a County maintained road or state highway.) on the Shirley and Charles Thresher tentative parcel map, AP 33-01-65, two parcels, property located on the northerly side of Long Bar Road approximately 800 feet northeasterly of Canyon Highlands Drive, Oroville area. (540) MOTION: I MOVE TO AUTHORIZE THE LATE APPEAL OF CONDITIONS NO. 2(PROVIDE TWO-WAY TRAVERSABLE ACCESS RS-9-LD-1 TO EACH PARCEL FROM A COUNTY MAINTAINED ROAD OR STATE HIGHWAY.}, AND N0. 16 (PROVIDE A LETTER OR OTHER DOCUMENTATION FROM OROVILLE WYANDOTTE IRRIGATION DISTRICT, STATING THAT THEY ARE WILLZNG AND ABLE TO SUPPLY DOMESTIC WATER TO PARCEL A.) FINDING THAT IT HAS BEEN LESS THAN ONE YEAR SINCE THE APPROVAL OF THE MAP; THERE IS GOOD AND SUFFICIENT REASON WHY THE CONDITIONS IN QUESTION WERE NOT APPEALED WITHIN THE TEN DAY PERIOD; THE PARCEL MAP HAS NOT BEEN RECORDED; AND UPON PAYMENT OF THE APPROPRIATE APPEAL FEE, DIRECT THE CLERK OF THE BOARD TO SET THE MATTER FOR PUBLIC HEARING. M S VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y(Unanimously Carried) Public Hearinqs and Timed Items 92-183 Public hearing - Barnhart-Brown & Associates on behalf of Malcolm Hall (Melrose Estates) - consideration of an appeal of condition no. ?(construct one half street plus 12 foot street section on Hilldale Avenue and one half street section on Melrose Drive 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. Construct full street section on interior street to RS- 2B access road standard with curb, gutter and sidewalk. Minimum structural section to be 2" AC and 8" AB with fog seal and 95~ relative compaction. Submit design to County Department of Public Works for approval. "R" value determinations and other data may be required to support section design.) on tentative subdivision map (proposed negative declaration with environmental mitigation), AP 68-346-17 and 19, 18 lots located on the west side of Melrose Drive approximately 400 feet south of Hilldale Avenue, Oroville area - action requested - OPEN HEARING AND CONTINUE OPEN TO JUNE 9, 1992 AT 10:15 A.M. (673) (HEARING OPENED AND CONTINUED OPEN TO JUNE 9, 1992 AT 10:15 A.M.) Page 150 May 5, 1992 May 5. 1992 Regular Aqenda 92-184 Discussion of current and future status of the County's Animal Damage Control Program - action requested - AS DEEMED APPROPRIATE. (733) MOTION: I MOVE TO DIRECT THE AGRICULTURAL COMMISSIONER TO REDIRECT EXISTING APPROPRIATIONS FOR ADDITIONAL PAYMENTS TO MAINTAIN LEVEIS OF SERVICE, AUTHORIZE MODIFICATION INCREASING THE AMOUNT BY $7,000, SUHJECT TO APPROVAL OF AUDITOR-CONTROLLER AND COUNTY COUNSEL, AND AUTHORIZE THE CHAIR TO SIGN. M S VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y(Unanimously Carried) 92-185 Approval for a helipad in Magalia. (891} MOTION: I MOVE FOR BOARD APPROVAL TO PROCEED WITH THE INVESTIGATION AND PLANNING FOR A HELIPAD ON THE CUL-DE-SAC, LAKE RIDGE CIRCLE, MAGALIA. S M VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y(Unanimously Carried) 92-186 Consideration of a request for waiver of fees for an application for use permit by the Durham 4-H Club to locate a sign within a set back area. (1033) MOTION: I MOVE TO APPROVE A VARIANCE FOR THE PARK VIEW 4-H CLUB, DURHAM, FOR PLACEMENT OF A SIGN IN A SET BACK AREA TO BE MONITORED THROUGH THE PUBLIC WORKS DEPARTMENT, AND DIRECT THE PLANNING AND PUBLIC WORKS DEPARTMENTS TO DEVELOP PROPOSED POLICY AND GUIDELINES TO COME FORWARD TO THE BOARD FOR THE I~iANDLING OF THIS TYPE OF SITUATION IN THE FUTURE. M S VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y(Unanimously Carried) 92-187 Appointment of Acting Chief Administrative Officer as Inter Director-Personnel. (1288) MOTION: I MOVE TO APPOINT STARLYN BROWN, ACTING CHIEF ADMINISTRATIVE OFFICER, AS INTERIM DIRECTOR- PERSONNEL UNTIL MAY 18, 1992, AND DIRECT A LETTER OF APPRECIATION TO INTERIM DIRECTOR- PERSONNEL PHYLLIS HELLIGAS. M S VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) Page 151 May 5, 1992 May 5, 1992 Air Pollution Control District 92-188 Recess at 11:33 a.m. as the Board of Supervisors and reconvene as the Air Pollution Control District Board of Directors. Present: Directors Fulton, Houx, McInturf, McLaughlin and Chair polan. (1334) a. Approval of minutes - action requested - APPROVE MINUTES OF APRIL 7, 1992. MOTION: MOVE TO APPROVE MINUTES OF APRIL 7, 1992. M S VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y(Unanimously Carried) b. The California Air Toxics "Hot Spots~~ Information and Assessment Act of 1987 (AB 2588) - action reguested - APPROVE THE AIR POLLUTION CONTROL DISTRICT'S PROGRAM COSTS FOR FISCAL YEAR 1991/92 AT $127,348. MOTION: I MOVE TO APPROVE THE AIR POLLUTION CONTROL DISTRICT'S PROGRAM COSTS FOR FISCAL YEAR 1991/92 AT $127,348. M S VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y(Unanimously Carried) c. Report to the Board on Air Pollution: District Governing Boards, AB 3734 (Hauser), and Air Pollution: Rice Straw Burning, AB 1378 (Connelly). MOTION: I MOVE TO AUTHORIZE A LETTER IN OPPOSITION TO AB 3734 (HAUSER), AND TO MONITOR THE PROCESS OF THIS BILL THROUGH WAGERMAN & ASSOCIATES. S M VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y(Unanimously Carried) MOTION: I MOVE T~ RECONSIDER MY MOTION, AND DIRECT THE CHIEF ADMINISTRATIVE OFFICER TO PERSONALLY CONTACT ASSEMBLYMAN HAUSER TO OBTAIN FURTHER INFORMATION ON AB 3734, AND TO BRING BACK TO THE BOARD A DRAFT LETTER FOR CONSIDERATION. S M VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y(Unanimously Carried) AIR POLLUTION: RICE STRAW BURNING, AS 1378 (CONNELLY) (INFORMATION ONLY) Page 152 May 5, 1992 May 5, 1992 92-188 GINA FACCA, AIR POLLUTION CONTROL OFFICER, ADVISED THE BOARD THAT A PAPER ON PUBLIC PARTICIPATION IN RURAL DISTRICTS SHE SUBMITTED TO THE AIR AND WASTE MANAGEMENT ASSOCIATION HAS BEEN ACCEPTED, AND SHE HAS BEEN INVITED TO PRESENT THE PAPER IN KANSAS CITY, MISSOURI, IN JUNE AT THE INTERNATIONAL CONFERENCE. Adjourn at 12:08 p.m. as the Air Pollution Control District and reconvene as the Board of Supervisors. 92-189 Discussion regarding lobbyist services for the County. (2510) (BOARD DIRECTION FOR THE ACTING CHIEF ADMINISTRATIVE OFFICER TO RENEGOTIATE A LOBBYIST SERVICES CONTRACT WITH WAGERMAN & ASSOCIATES, TAKING INTO CONSIDERATION THE CONCERNS EXPRESSED BY THE BOARD AND REVIEW BY COUNTY COUNSEL. 92-190 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.) (3060) a. Leta Weiss, District 1 resident - she feels Board direction to the acting chief administrative officer regarding lobbyist services for the County was not clear. 92-191 Communications Communications received and referred. (COPIES OF ALL COMMUNICATIONS ARE AVAILABLE IN THE CLERK OF THE BOARD OFFICE.) a. Mary M. Collett, Paradise - submits a Ietter of resignation from the Community Action Agency Board - action requested - ACCEPT RESIGNATION AND AUTHORIZE LETTER OF APPRECIATION. Public Hearinqs and Timed Items 92-192 A closed session will be necessary for the purpose of litigation, personnel matter, and meet and confer. (NONE) Page 153 May 5, 1992 ''1 May 5, 1992 ADJOURNMENT: There nothing further before the Board at this time, the Board meeting was adj ourned at 12:19 p.m. to reconvene on Tuesday, May 19, 1992 at 9:00 a.m. Chair ATTEST: STARLYN BROWN, A~ting Chief A~ri~rYstrative Officer and Glerk of ~tYie Board of Supervisors By: ~~:_, ~, ~:s~ ~1~_ ~ Page 154 May 5, 1992