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HomeMy WebLinkAboutM052290'_'~ May 22, 1990 Call to order - Board of Supervisors roam, County Administration Building, 25 County Center Drive, Oroville. Supervisors Dalan, Fulton, Mclnturf, Vercruse and Chairman McLaughlin 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. 90-219 Items removed from the Consent Agenda for Board consideration and action. 1.. State Department of Alcohol and Drug Programs - proposed is a negotiated net amount contract for fiscal year 189/90 which provides the opportunity for the lace Alcohol and Drug Services Division to retain any .savings for use the next fiscal year, and includes }~,oth alcohol and drug funds (State and Federal)-~.n the total amount of $1.8,940 - action requested - APPROVE CONTRACT AND AUTHORIZE THE CHASRMAI~ TO SIGN. (NO ACTION TAKEN) Consent Agenda 90-220 1. Budget transfers - action requested - B-193 (PROBATION), B-202 (COURT REPORTERS), B-204 (SU~?ERTOR COURT), B-205 (MENTAL HEALTH), AND B-206 {WELFARE - GAIN). ~` 2. County library donation - in accordance with Government Code Section 25355, a joint donation of $1,162.06 has been received fram Quota Club of Oraville and Oroville Friends of the Library far the Butte County Library trust fund for continuing - operations - action requested - ACCEPT DONATION AND AUTHORIZE LETTER OF APPRECIATION. Page 156 May 22, 1990 Mav 22. 1990 90-220 3. County library donations - in accordance with Government Code Section 25355, donations have been received of $1,400 from Chico Friends of the Library, $100 from Paul and Janice M. Rumore, Forest Ranch, and $117 anonymous for the Butte County Library trust fund for books - action requested - ACCEPT DONATIONS AND AUTHORIZE LETTERS OF APPRECIATION. 4. Appointment to Airport Land Use Commission - action requested - REAPPOINT NINA LAMBERT, COUNTY REPRESENTATIVE, TO A TERM TO EXPIRE MAY 2, 1994. 5. Final map -Orchard House Estates Subdivision, Phase I - the developer has provided a cash deposit to guarantee construction of improvements within a period of one year on the four lot subdivision, AP 42-16-64, property located on the southeast corner of Bidwell Avenue and West Sacramento Avenue, Chico area -action requested - APPROVE FINAL MAP; ACCEPT EASEMENTS AS GRANTED IN THE OWNER'S STATEMENT ON BEHALF OF THE PUBLIC; AND AUTHORIZE THE CHAIRMAN TO SIGN SUBDIVISION AGREEMENT. 6. Final map - Orchard House Estates Subdivision, Phase II - the developer has provided a letter of credit to guarantee construction of improvements within a period of one year on the 13 lot subdivision, AP 42- 16-64, property located on the southeast corner of Bidwell Avenue and West Sacramento Avenue, Chico area -action requested - APPROVE FINAL MAP; ACCEPT EASEMENTS AS GRANTED IN ITEM 1 OF THE OWNER'S STATEMENT ON BEHALF OF THE PUBLIC; ACCEPT GRANT IN FEE SIMPLE WOODMONT COURT AND ONE FOOT NO ACCESS STRIPS AS OFFERED IN ITEMS 2 AND 3 OF THE OWNER'S STATEMENT; AND AUTHORIZE THE CHAIRMAN TO SIGN SUBDIVISION AGREEMENT. 7. Clerk of the Board - Board authorization is requested to purchase the computer software program, Lotus 1, 2, 3 at the estimated cost of $400. A budget transfer has been prepared for the necessary appropriation - action requested - AUTHORIZE PURCHASE OF FIXED ASSET ITEM. 8. Victim/Witness Assistance Program - Board authorization is requested to purchase a midsized sedan, two IBM PS/2 Model 70 computers and related peripheral hardware, a video camera, and three hand held police radios. 100% funding is from a State Office of Criminal ~7'ustice Planning grant. Budget transfer B-193 has been prepared for the necessary appropriation _ action requested - AUTHORIZE PURCHASE OF FIXED ASSET ITEMS. Page 157 May 22, 1990 Mav 22. 1990 90-220 9. County Clerk-Recorder - Board authorization is requested to purchase from Automated Government Systems, in the amount of $12,000, an exhibit tracking and index system to be incorporated into the Case Management System presently in use. A budget transfer has been prepared for the necessary appropriation - action requested - AUTHORIZE PURCHASE OF FIXED ASSET ITEM. 10. Superior Court - Board authorization is requested to purchase one electronic workcenter in the total amount of $800.29 from funding appropriated to the fixed asset account pursuant to the 1989/90 Trial Court Funding agreement - action requested - AUTHORIZE PURCHASE OF FIXED ASSET ITEM. 11. Superior Court - Board authorization is requested to purchase one IBM/AT compatible computer with related hardware, software and accessories in the estimated amount of $2,770, and one facsimile machine that prints on plain bond paper to be placed in the County Clerk-Recorder's Dffice in the estimated amount of $5,500. A budget transfer has been prepared for the necessary appropriation - action requested - AUTHORIZE PURCHASE OF FIXED ASSET ITEMS. 12. Proposition 4 - appropriations limit for 1990/91 - the County's appropriations limit calculations for fiscal year 1990/91 are available to the public as of May 21, 1990 - action requested - ACKNOWLEDGE AVAILABILITY OF APPROPRIATIONS LIMIT CALCULATIONS FOR FY 1990/91 AND SCHEDULE ADOPTION FOR JUNE 5, 1990. 13. Salary ordinance amendment implementing corrections to the classification codes as they currently appear in the salary ordinance for deputy air pollution control officer and assistant clerk to the Board of Supervisors II and I - action requested - WAIVE THE SECOND READING AND ADOPT ORDINANCE 2832. 14. Salary ordinance amendment - proposed as a result of a classification study is a salary adjustment for chief deputy auditor-controller from range 53 to range 60, and reclassifications from payroll supervisor, range 29 to payroll operations manager, range 39, and accounting contral supervisor, range 29 to accounting operations manager, range 39. Funding is from within the department budget - action requested _ WAIVE THE SECOND READING AND ADOPT ORDINANCE 2833. Page 158 May 22, 1990 May 22, 1990 90-220 15. Salary ordinance amendment - proposed as a result of a classification study is a salary adjustment for the assistant county recorder from range 38 to range 43. Funding is from within the department budget - action requested - WAIVE THE FIRST READING OF THE ORDINANCE. 16. 1990/91 Trial Court Funding agreement with superior court and municipal court judges - required as part of the Trial Court Funding agreement for fiscal year 1990/91 are adjustments in salary range for the administrative assistant to the Superior Court/jury commissioner from range 46 to range 49, step 5; clerk administrator from range 49 to range 52, step 5; and increasing the court work placement coordinator from a part-time (75%) position to full- time (100%) effective July 1, 1990 - action requ[-:sted -- WAIVE THE FIRST READING OF THE ORDINANCE. 17. County Health Services 1989/90 Plan update and budget supplement - the proposed plan update and budget supplement provides $537,357 from Proposition 99, tobacco tax revenues, to include hospital services ($256,119); physician services ($140,831); and other health services ($140,407) - action requested - APPROVE PLAN UPDATE AND BUDGET SUPPLEMENT AND AUTHORIZE THE CHAIRMAN TO SIGN THE CERTIFICATION. 18, Child Health and Disability Treatment Risk Limitation Program for fiscal year 1989/90 - proposed is a declaration wherein the County elects to set aside 150 of Rural Health Services money received from the State for placement in a Child Health and Disability Prevention-Treatment Risk Limitation Services account, These funds will be used to cover treatment for CHDP diagnosed conditions for children not eligible far Medi-Cal, California Childrens Services or other third party coverage. Costs in excess of the 15% set aside for treatment will be covered 100% by the State Department of Health Services, and any funds remaining in the reserve account will be retained by the State. Participation is necessary to insure no County funds will be used for this program - action requested - APPROVE DECLARATION OF ELECTION FOR PROGRAM PARTICIPATION AND AUTHORIZE THE CHAIRMAN TO SIGN. Page 159 May 22, 1990 May 22, 1990 90--220 19. State Department of Health Services contract for participation in the Child Health Disability and Treatment Program for fiscal year 1990/91 - proposed is a declaration of intent for County participation which will allow the State to retain 40% of the Rural Health Services funds allocated to Butte County for fiscal year 1990/91. The State will administer and pay for any covered treatment services as a result of a CHDP screening to an eligible child not covered by Medi-Cal, California Childrens Service or other third party coverage. Participation is necessary to insure na County funds will be used for this program - action requested - APPROVE DECLARATION OF INTENT TO CONTRACT AND AUTHORIZE THE CHAIRMAN TO SIGN SUBJECT TO APPROVAL BY COUNTY COUNSEL AND THE AUDITOR-CONTRDLLER. 20. Butte Community College - a contract has been prepared to provide staff training assessment for County GAIN employees from April 1, 1.990 through June 30, 1990 in the maximum amount of $4,860 - action requested - APPROVE CONTRACT AND AUTHORIZE THE GHAIRMAN TO SIGN. 21. Private Industry Council - a contract has been prepared to provide job development training for County GAIN employees from April 1, 1990 through June 30, 1990 in the maximum amount of $8,000 - action requested - APPROVE CONTRACT AND AUTHORIZE THE CHAIRMAN TO SIGN. 22. Welfare Department Street and Parking Lot Improvement Project - plans and specifications have been prepared for the subject project which is pursuant to an agreement with the City of Oroville as part of the modular building addition at the Welfare Department - action requested: 1. APPROVE THE PLANS AND SPECIFICATIONS; AND 2. AUTHORIZE A CALL FOR BIDS WITH THE BID OPENING SET FOR JUNE 14, 1990 AT 2:00 P.M. IN THE PURCHASING DEPARTMENT. 23. Postage revolving fund - a resolution has been prepared increasing the postage revolving fund from $12,000 to $20,000 because of the volume of mail being run through the postage meter at Central Stores .. action requested - ADOPT RESOLUTION 90-82 AND AUTHORIZE THE CHAIRMAN TO SIGN. MOTION: MOVE TO APPROVE THE CONSENT AGENDA WITH THE REMOVAL OF ITEM 3.17. S M VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) Page 160 May 22, 1990 May 22, 1990 Regular Agenda 90-221 Appointments - cammissians and committees. a. Appointments to committee vacancies. (NONE} b. Appointment of a hospital administration representative to the Emergency Medical Care Committee to serve until June, 1991 - action requested - MAKE APPOINTMENT. (34} MOTION: MOVE TO APPOINT ROBERT L. WENTZ TO A TERM TO EXPIRE JUNE, 1991. M S VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) 90-222 Reimbursement by public entities for the cost of placing special assessments and special assessment taxes on the tax roll -action requested - AUTHORIZE $.15 PER PARCEL CHARGE FOR SPECIAL ASSESSMENTS IN ACCORDANCE WITH GOVERNMENT CODE SECTION 29304 AND AUTHORIZE THE AUDTTOR- CONTROLLER TO SIGN AGREEMENTS SUBJECT TO APPROVAL OF COUNTY COUNSEL. (51} MOTION: MOVE TO AUTHORIZE $.15 PER PARCEL CHARGE FOR SPECIAL ASSESSMENTS IN ACCORDANCE WITH GOVERNMENT CODE SECTION 29304 AND AUTHORIZE THE AUDITOR-CONTROLLER TO SIGN AGREEMENTS SUBJECT TO APPROVAL OF COUNTY COUNSEL. S M VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) 90-223 Organization of Air Pollution Control Distract -action requested: A. TOTALLY SEPARATE THE AIR POLLUTION CONTROL DISTRICT AND THE AGRICULTURAL COMMISSIONER, LEAVING THE AGRICULTURAL BURNING PROGRAM WITH THE AIR POLLUTION CONTROL DISTRICT; AND B. DIRECT THE AGRICULTURAL COMMISSIONER TO ESTABLISH A WORKING COMMITTEE TO PROVIDE A LIAISON BETWEEN THE AGRICULTURAL COMMISSIONER, AGRICULTURAL COMMUNITY AND THE AIR POLLUTION CONTROL DISTRICT. (125) MOTION: MOVE TO TOTALLY SEPARATE THE AIR POLLUTION CONTROL DISTRICT AND THE AGRICULTURAL COMMISSIONER, LEAVING THE AGRICULTURAL BURNING PROGRAM WITH THE AIR POLLUTION CONTROL DISTRICT; AND DIRECT THE AGRICULTURAL COMMISSIONER TO ESTABLISH A WORKING COMMITTEE TO PROVIDE A LIAISON BETWEEN THE AGRICULTURAL COMMISSIONER, AGRICULTURAL COMMUNITY AND THE AIR POLLUTION CONTROL DISTRICT. Page 161 May 22, 1990 Mav 22. 1990 90-224 90-225 (DIRECTION TO STAFF TO EXPLORE THE OPTION OF RECONSTITUTING THE EXISTING COMMITTEE TO ACCOMMODATE THE FARM BUREAU'S REQUEST.) M S VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried} Potential appointment of Welfare Director - action requested - APPROVE CONTRACT AND AUTHORIZE THE CHAIRMAN TO SIGN. (NO ACTION TAKEN) Update by the Chief Administrative Officer on Sacramento/legislative activities. (294) (REPORT BY WILLIAM H. RANDOLPH, CHIEF ADMINISTRATIVE OFFICER) 90-226 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.) {NONE) Public Hearin s and Timed Items 90--227 CLOSED SESSION: The Board recessed to closed session at 9:20 a.m. for a worker's compensation matter of Edwards v. County of Butte pursuant to Government Code Section 54955.9(a), and personnel matters. RECONVENE: The Board reconvened at 9:57 a.m. following a closed session an actual litigation, and personnel matters. (NO ANNOUNCEMENTS} (373) (NEIL McCABE, CHIEF DEPUTY COUNTY COUNSEL PRESENT FOR SUSAN MINASIAN, COUNTY COUNSEL) 90-228 Public hearing - Michael G. Evans - abandonment of the southerly ten foot right-of-way of Yolo Avenue extending from the easterly boundary line of 6th Street, easterly to the terminus of said Yolo Avenue, and the easterly ten feet of 6th Street extending from the southerly boundary line of Yalo Avenue, southerly to the western prolongation of the southerly boundary line of parcel 1 - action requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIRMAN TO SIGN. (375) MOTION: MOVE TD ADOPT RESOLUTION 90-83 ABANDONING A PUBLIC RIGHT-OF-WAY (PORTION OF YOLO AVENUE AND 6TH STREET, THERMALITO AREA), AND AUTHDRIZE THE CHAIRMAN TO SIGN. M S VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) Page 152 May 22, 1990 90-229 Public hearing - J. D. Zink - abandonment of a portion of Bell Road located at the intersection of Bell Road and Cussick Avenue, approximately 450 feet south of the intersection of Cussick Avenue and Shasta Avenue, identified as AP 064-700-017, Chico - action requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIRMAN TO SIGN. (424) MOTION: MOVE TO ADOPT RESOLUTION 90-84 ABANDONING A PUBLIC RIGHT-OF-WAY PORTION OF BELL ROAD, AND AUTHORIZE THE CHAIRMAN TO SIGN. M S VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) 90-230 Public hearing - Gaylord Briggs - consideration of a rezone (determined to be statutorily exempt from environmental review} to add recently acquired property to current timber preserve zone on property zoned TM-5 (timber mountain - five acre parcels) and "U" (unclassified), property located north on Cohasset Road to Lower Vilas Road; then north on Lower Vilas Road to Mud Creek, Cohasset; north on Highway 32 to Garland Road; left on Garland approximately one mile, identified as AP 056-07-019; 056-210-013, 014; 059-100-001, Cohasset - action requested - ADOPT THE ORDINANCE AND AUTHORIZE THE CHAIRMAN TO SIGN. (460) MOTION: NOTE THAT THE PROJECT IS STATUTORILY EXEMPT FROM CEQA REVIEW; FIND THAT THE PROPOSED REZONE CONFORMS TO THE POLICIES, INCLUDING THE TEXT AND MAP OF THE BUTTE COUNTY GENERAL PLAN; AND ADOPT ORDINANCE 2834 REZONING TO TPZ-160 THAT PROPERTY DEFINED AS AP 056-070-019, 056-210- 013 , 014 AND 059 , 100-001 ( DIAMOND LAND/GAYLORD BRIGGS}, AND RECORD A DOCUMENT GIVING NOTICE OF SAID REZONE AS PER SECTION 5117 OF THE GOVERNMENT CODE. M S VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) 90-231 Public hearing - Kip Hayes - appeal of the Advisory Agency's requirement for an environmental impact report on tentative parcel map, AP 47-25-183, four parcels, property located at the southeast corner of Garner Lane and Dusty Lane, north Chico. (500) (HEARING OPENED AND CONTINUED OPEN TO JUNE 19, 1990 AT 10:00 A.M.) Page 163 May 22, 1994 Mav 22, 1990 90-232 Public hearing - Butte County Planning Commission - consideration of a General Plan amendment to establish an "urban reserve" for south Paradise rezone area (proposed negative declaration regarding environmental impact), on property of various zoning with a General Plan designation of open and grazing land, agricultural- residential and public, property located south of the Town of Paradise town limits, east of the Skyway, west of Oroville Lake, and extending some two miles south of Town of Paradise. (553) Public hearing - Butte County Planning Commission - rezone (proposed negative declaration regarding environmental impact), existing "U" classification to reflect the policies of the County's General Plan including FR-5, 10, 20 and 40 (foothill recreational - 5, 10, 20 and 40 acre parcels), A-160 (agricultural - 160 acre parcels}, P-Q (public/quasi-public} and S-H (scenic highway}, property located south of the Town of Paradise town limits, east of Skyway, west of Miocene Canal, and extending some two miles south of the town limits, various AF~s, south of Paradise. (634) MOTION: MOTION OF INTENT TO RECOMMEND THE GENERAL PLAN AMENDMENT TO INCLUDE URBAN RESERVE POLICIES FOR THE SOUTH PARADISE AREA AND INSTRUCT STAFF TO DRAFT A FINAL MOTION AND FINDINGS. S M VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) MOTION: MOVE TO SEND THE SOUTH PARADISE REZONE BACK TO THE PLANNING COMMISSION FOR A PUBLIC HEARING TO ADDRESS THE SPECIFIC CONCERNS OF RESIDENTS. S M VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y {Unanimously Carried) RECESS: 11.:00 A.M. RECONVENE: 11:15 A.M. 90-233 Public hearing - Butte Gounty Planning Commission - consideration of General Plan amendment from commercial, agricultural-residential and orchard and field crops to commercial,industrial,agricultural-residential, orchard and field crops, grazing and open land, and public, and rezoning (proposed negative declaration regarding environmental impact), from "U" (unclassified), C-2 (general commercial) to P-Q (public/quasi-public), C-1 (light commercial), M-1 (light industrial), M-2 (heavy industrial), AR-1 (agricultural residential - one acre parcels), AR-MH-1, AR-MH-2.5, and AR-MH-S (agricultural residential mobile home -- 1, 2.5 and 5 acre parcels) , for property located: Page 3.64 May 22, 1990 ~/ May 22. 19.90 1. In the Oak Grove area, on both sides of State Highway 70, from 1/4 mile north of Palermo Road to 1/2 mile south of Palermo Road and east to Lone Tree Road. 2. In the Palermo area, from North Villa Avenue to approximately one mile south of Louis Avenue and from Palermo Honcut Highway to west of Occidental Avenue. 3. The townsite of Honcut on both sides of Palermo Honcut Highway, from Central House Road to 1/4 mice south of Lower Honcut Road. (2567) (**00) MOTION: MOTION OF INTENT TO FIND THAT THE REQUIREMENTS OF CEQA HAVE BEEN COMPLETED AND CONSIDERED IN MAKING THIS DECISION AND RECOMMEND THE BOARD OF SUPERVISORS ADOPT A NEGATIVE DECLARATION; FIND THAT THE PROJECT CONFORMS TO THE POLICIES, INCLUDING THE TEXT AND MAP, OF THE BUTTE COUNTY GENERAL PLAN; ADOPT A RESOLUTION APPROVING A GENERAL PLAN AMENDMENT TO AGRICULTURAL RESIDENTIAL, PUBLIC, COMMERCIAL, AND INDUSTRIAL FOR THOSE AREAS LOCATED IN SUB AREAS 2, 4, 5 AND 12 OF THE PALERMO-HONCUT AREA PLAN; AND ADOPT AN ORDINANCE APPROVING REZONING TO AR- MH-1, AR-MH-2.5, AR-MH-S, AR-1, C-2, M-2 AND P-Q FOR SUB AREAS 2, 4, 5 AND 12 OF THE PALERMO-HONCUT AREA PLAN. M S VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) 90-234 Public hearing - consideration of a Timber Harvest Plan (2-90-119BUT(1)) filed with the California Department of Forestry and Fire Protection in Redding by landowners in the Magalia-Paradise Pines Area. (860) (***00) (SUPERVISOR FULTON, ROBERT MALATN AND CRAIG CARTER OF CALIFORNIA DEPARTMENT OF FORESTRY, TERRY SHEEN REPRESENTING THE APPLICANTS, AND CONCERNED CITIZENS TO MEET ON TUESDAY, MAY 29, 1990 AT 10:00 A.M. AT SUPERVISOR FULTONrS OFFICE IN MAGALIA.) 90-235 Communications Communications received and referred. (COPIES OF ALL COMMUNICATIONS ARE AVAILABLE IN THE CLERK OF THE BOARD OFFICE.) a. Shelton T. Enochs, Mayar, City of Chico - writes to indicate support for a park facility fee modification in the unincorporated portions of the Chico Urban Area to conform to fees being Levied in the city _ action requested - REFER TO ADMINISTRATIVE OFFICE AND CHICO ISSUES COMMITTEE. Page 165 May 22, 1990 '~~. Mav 22, 1990 ADJOURNMENT: There being nothing further before the Board at this time, the meeting was adjourned at 1:09 p.m. to reconvene on Tuesday, June 5, 1990 at 9:00 a.m. ~~ Chairman, Board of Supervisors ATTEST: WILLIAM H. RA and ,Clerk o By: Chief Administrative Officer Board of Supervisors Page 166 May 22, 1990