HomeMy WebLinkAboutM072589July 25,.1989
Call to order - Board of Supervisors
Administration Building, 25 County
Oroville. Supervisors Dolan, McTnturf,
Chairman Fulton present. Supervisor
present. William H. Randolph, chief
officer; Susan Minasian, county counsel; a
assistant clerk of the Board.
room, County
Center Drive,
McLaughlin and
Vercruse not
administrative
nd Carol Roach,
Pledge of allegiance to the Flag of the United States of
America.
Consent Agenda
89-327
1. Approval of minutes - action requested - APPROVE
MINUTES OF JULY 11, 1989.
2. Renaming a private road in the Chico area from
University Farm Road {Regan Lane to University Farm
Drive) to Nicholas C. Schouten Lane - action
requested - ADOPT RESOLUTION 89-110 SETTING A PUBLIC
HEARING FOR AUGUST 15, 1989 AT 11;00 A.M.
3. Ro11s, Anderson and Rolls - abandonment of a three
foot public utility easement, property located at
the north three feet of Lot 2 of Parkside Estates
Subdivision, approximately 173 feet south of Park
Road on the northeast side of Parkside Court, AP
11-20--87, 88, Chico - action requested - ADOPT
RESOLUTION 89-111 SETTING A PUBLIC HEARING DATE FOR
AUGUST 22, 1989 AT 11:00 A.M.
4. Appointment to Kimshew Cemetery District - action
requested - APPOINT JOSEPH F. DALTON TO THE KTMSHEW
CEMETERY DISTRICT TO SERVE UNTIL JULY 1, 1992.
Page 208
July 25, 1989
Julv 25, 1989
89-327 5. Final map - Sacramento Avenue Estates, Unit 3 - the
developer has provided a letter of credit to
guarantee construction of improvements within a
period of one year on the 31 lot subdivision, AP 42-
52-33 and 54, property located on the north side of
West Sacramento Avenue at Valentine Court, Chico
area - action requested - APPROVE THE FINAL MAP;
ACCEPT EASEMENTS AS GRANTED IN ITEM A OF THE OWNER' S
STATEMENT ON BEHALF OF THE PUBLIC; ACCEPT GRANT IN
FEE SIMPLE DARTWOOD DRIVE, RTCHLAND COURT, RADCLIFF
LANE, WEST 8TH AVENUE, GILBERT LANE, WEST SACRAMENTO
AVENUE AND THE ONE FOOT NO ACCESS STRIPS AS OFFERED
IN ITEM B OF THE OWNER'S STATEMENT; AND AUTHORIZE
THE CHAIRMAN TO SIGN THE SUBDIVISION AGREEMENT.
5. Final map - Oakway Park Subdivision - the developer
has provided letters of credit to guarantee
construction of improvements with a period of one
year on the 20 lot subdivision, AP 42-14-90 and 91,
property located on the south side of Oak Way,
approximately 300 feet east of Valley Oak Drive,
Chico area -- action requested - APPROVE THE FINAL
MAP; ACCEPT EASEMENTS AS GRANTED IN ITEMS 1 AND 2
DF THE OWNER'S STATEMENT ON BEHALF OF THE ENTITIES
LISTED; AND AUTHORIZE THE CHAIRMAN TO SIGN THE
SUBDIVISION AGREEMENT.
7. Michael C. Scranton, attorney at law on behalf of
Jacqueline Haddock - files a claim in-an amount in
excess of $1oo,0aa as a result of alleged injuries
and damages sustained in an automobile accident on
or about February 2, 1989 ~- action requested -
REJECT CLAIM AND REFER TO COUNTY COUNSEL AND RISK
MANAGEMENT.
8. Public Works Department -- Board authorization is
requested to purchase the fixed assets recommended
in the proposed budget - action requested -
AUTHORIZE PURCHASE OF FIXED ASSET ITEMS.
9. Petty cash revolving fund - a resolution has been
prepared increasing the petty cash fund for the
chief administrative officer/purchasing officer from
$500 to $1, 000 - action requested - ADOPT RESOLUTION
89-112 AND AUTHORIZE THE CHAIRMAN TO SIGN.
Page 209
July 25, 1989
July 25. 1989
89-327 10. Immigration Reform and Control Act CIRCA} subvention
program - a declaration of intent to enter into an
agreement has been prepared with the California
Department of Health Services covering the
reimbursement of certain public health services to
persons who have applied for, or been granted
legalized resident status - action requested -
AUTHORIZE THE CHAIRMAN TO SIGN THE DECLARATION OF
INTENT TO ENTER INTO THE AGREEMENT.
11. Abuse prevention services - contracts have been
prepared with Parent Education Network ($28,800) and
Family Services Association ($20,000) covering the
period July 1, 1989 through June 30, 1990 to be
funded from the Children's Trust Fund and Federal
Challenge Grant {AB 2994) - action requested -
APPROVE CONTRACTS AND AUTHORIZE THE CHAIRMAN TO
SIGN.
12. Parent Education Network contract - a contract has
been prepared to provide child abuse prevention,
intervention and treatment services for fiscal year
1989/90 in the amount of $94,596. The contract is
100 percent state funded through AB 1733 - action
requested - APPROVE CONTRACT AND AUTHORIZE THE
CHAIRMAN TO SIGN.
13. Pesticide regulatory enforcement - agreement no. 89-
0175 has been prepared with the state Department of
Food and Agriculture in the amount of $34,225 for
the period July 1, 1989 through June 30, 1990 -
action requested - APPROVE AGREEMENT AND AUTHORIZE
THE CHAIRMAN TO SIGN.
14. Attorney services agreement - an agreement has been
prepared with Keith McWilliams, attorney at law to
represent the county in litigation - action
requested - APPROVE AGREEMENT AND AUTHORIZE THE
CHAIRMAN TO SIGN.
15. County Medical Services Program (CMSP) agreement -
agreement no. 03-89 has been prepared with the State
Department of Health Services in the amount of
$415,412 to administer Butte County's allocation of
funds to cover paying for specified health services
provided to county residents certified as eligible
pursuant to Section 17000 of the Welfare and
Institutions Code covering the period July 1, 1989
through June 30, 1990 - action requested - APPROVE
THE AGREEMENT AND AUTHORIZE THE CHAIRMAN TO SIGN.
Page 210
July 25, 1989
Ju1v 25. 1989
89-327
16. Interim Assistance Reimbursement (IAR) -contract no.
19008 has been prepared with the State Department
of Health Services which is a procedural agreement
to recover SST/SSP recipient monies in reimbursing
for general assistance expenditures. The contract
covers the period July 1, 1989 through June 30,
1990 - action requested - APPROVE THE CONTRACT AND
AUTHORIZE THE CHAIRMAN TO SIGN SUBJECT TO REVIEW BY
COUNTY COUNSEL AND THE AUDITOR.
17. Mortuary facilities use agreement - an agreement has
been prepared with the mortuary facility operators
covering the use of their facilities for mortuary
and autopsy/post mortem examinations - action
requested - APPROVE THE AGREEMENT AND AUTHORIZE THE
CHAIRMAN TO SIGN.
18. Advancement of salary step - court reporter - the
North County Municipal Court requests an employee
with fourteen years prior Butte County employment
experience be advanced to "E" step of the salary
range - action requested -- AUTHORIZE ADVANCEMENT TN
SALARY STEP.
19. Advanced step hiring - the Public Works Director
requests advanced step hiring of a building
inspector II position at step "C" of the salary
range - action requested - AUTHORIZE ADVANCED STEP
HIRING.
MOTION: MOVE TO APPROVE THE CONSENT AGENDA.
S M
VOTE: l Y 2 Y 3 AB 4 Y 5 Y (Unanimously Carried}
Re ular A enda
89-328
89-329
89-330
Items removed from the Consent Agenda for Board
consideration and action, (NONE)
Appointments - commissions and committees.
a. Appointments to committee vacancies. (NONE)
Consideration of the recommendation of the Butte County
Library Support Group - action requested:
a. APPROVE THE SPECIAL TAX AS RECOMMENDED BY THE
LIBRARY SUPPORT GROUP.
Page 211
July 25, 1989
July 25, 1989
b. ADOPT THE RESOLUTION CALLING FOR AN ELECTION ON THE
SPECIAL TAX ON JUNE 5, 1990. (0031}
(SUPERVISOR VERCRUSE PRESENT)
MOTION: MOVE TO APPROVE THE SPECIAL TAX AS RECOMMENDED
BY THE LIBRARY SUPPORT GROUP, AND ADOPT
RESOLUTION 89-113 CALLING FOR AN ELECTION ON
THE SPECIAL TAX ON JUNE 5, 1990.
M S
VOTE; 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
RECESS: 9:52 A.M.
RECONVENE: 10:10 A.M.
89-331 Tri Valley Growers - Industrial Development Authority
recommendation for approval of $7.2 million dollars
industrial revenue bonds - action requested:
a. ADOPT RESOLUTION APPROVING THE INITIAL FINDINGS THAT
THE TRT VALLEY GROWERS' APPLICATION MEETS THE
CRITERIA FOR INDUSTRIAL DEVELOPMENT BONDS AND THAT
THE PROJECT BE APPROVED;
b. SET PUBLIC HEARING DATE FOR AUGUST 15, 1989 AT
10:45 A.M. TO CONSIDER THE PROJECT AS REQUESTED BY
FEDERAL REGULATIONS. (1392) {NO ACTION TAKEN}
89-332 Closed hearing - ordinance adding article VII entitled
"Dangerous Animals" to Chapter 4 of the Butte County
Code _ action requested:
(NEIL MCCABE, CHIEF DEPUTY COUNTY COUNSEL PRESENT)
a. WAIVE THE SECOND READING.
b. ADOPT THE ORDINANCE. (1419)
MOTION: MOVE TO WAIVE THE SECOND READING.
M S
VOTE; 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
MOTION: MOVE TO ADOPT ORDINANCE 2769 ADDING ARTICLE VII
ENTITLED "DANGEROUS ANIMALS" TO CHAPTER 4 OF
THE BUTTE COUNTY CODE.
M S
VOTE: 1 Y 2 Y 3 Y 4 N 5 N (Motion Carried)
Page 212
July 25, 1989
July 25, 1989
89-333 Closed hearing - abandonment of a portion of Elm Avenue
Palermo Citrus Tract Addition No. 1, property located 630
feet north of Ophir Road, on both the east and west sides
of Carmel Avenue, identified as AP 36-28-62 and 65,
Palermo.
(SUSAN MINASIAN, COUNTY COUNSEL PRESENT)
MOTION: MOVE TO DENY THE ABANDONMENT.
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
MOTION: MOVE TO RESCIND THE PREVIOUS MOTION TO DENY THE
ABANDONMENT AND REOPEN THE PUBLIC HEARING.
(1843)
S M
VOTE: 1 N 2 Y 3 Y 4 Y 5 N (Motion Carried)
MOTION: MOVE TO DENY THE ABANDONMENT. (2762)
S M
VOTE: ~. Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
89-334 Public Comment. (PRESENTATION 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.} (2775) (*~00)
a. James Hansen, Oroville - building in contaminated
area of south Oroville.
b. Ted Cleveland, Assessor - presentation on completed
1989/90 secured and unsecured tax assessment rolls.
c. Jim Johansen, Auditor-Controller - impact of 1989/90
tax assessment roil on budget deficit.
Public Hearings and Timed Items
(NEIL MCCABE, CHIEF DEPUTY COUNTY COUNSEL PRESENT)
89-335 Public hearing - Craig Acret - consideration of a rezone
(proposed negative declaration with mitigation measures
regarding environmental impact) from "U" {unclassified)
to TM-2 (timber mountain, two acre parcels}, property
located on the south side of Cohasset Road, 1--1/2 miles
south of Vilas Road, four miles north of Keefer Road,
identified as AP 56-02-84, north of Chico. (0223)
Page 213
July 25, 1989
July 25, 1989
MOTION:
MOVE TO ACCEPT THE RECOMMENDATIONS OF STAFF
MEMORANDUM DATED MAY 2, 1989; AND FIND THAT:
1. AN INITIAL STUDY WAS COMPLETED IN
COMPLIANCE WITH THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT.
2. SAID STUDY AND COMMENTS RECEIVED THEREON
IDENTIFIED POTENTIALLY SIGNIFICANT
ENVIRONMENTAL EFFECTS THAT THE PROJECT MAY
HAVE HAD BUT:
a. REVISIONS IN THE PROJECT PLANS OR
PROPOSAL MADE BY OR AGREED TO BY THE
APPLICANT WOULD AVOID SUCH EFFECTS
OR MITIGATE SUCH EFFECTS TO A POINT
WHERE CLEARLY NO SIGNIFICANT
ENVIRONMENTAL EFFECTS WOULD OCCUR;
AND
b. THERE IS NO SUBSTANTIAL EVIDENCE
BEFORE THE COUNTY THAT THE PROJECT
AS REVISED MAY HAVE SIGNIFICANT
EFFECT ON THE ENVIRONMENT.
3. A PROPOSED NEGATIVE DECLARATION HAS BEEN
COMPLETED IN COMPLIANCE WITH THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT.
4. THE PROPOSED ZONING IS CONDITIONALLY
CONSISTENT WITH THE BUTTE COUNTY GENERAL
PLAN, INCLUDING THE MAP AND TEXT;
ADOPT A NEGATIVE DECLARATION AND ORDINANCE 2770
REZONING TO TM-2 THAT PROPERTY IDENTIFIED AS
AP 56-02-84 (CRAIG ACRET); AND ADOPT RESOLUTION
89-114 APPROVING A CONDITIONAL REZONE AGREEMENT
(CRAIG ACRET FOR JACK WALLACE). SAID
CONDITIONAL REZONE AGREEMENT WILL BE SUBJECT
TO THE FOLLOWING CONDITIONS:
1. ESTABLISH AN OPEN SPACE/NO-DEVELOPMENT
EASEMENT ON THE BACK 933 FEET OF AP 056-
02-084 AND RECORD SAID EASEMENT WITH THE
COUNTY RECORDERS OFFICE.
2. AP 05&-02-084 SHALL BE LIMITED TO ONE
SINGLE PARCEL SPLIT TO ALLOW A TOTAL OF
TWO RESIDENTIAL BUILDING SITES.
Page 214
July 25, 1989
July 25, 19.89_
3. ANY NEW RESIDENTIAL DEVELOPMENT SHALL
ADHERE TO THE DEVELOPMENT STANDARDS AND
POLICIES WHICH HAVE BEEN ADOPTED OR WHICH
MAY BE AMENDED FROM TIME TO TIME BY BUTTE
COUNTY FOR THE COHASSET AREA.
4. APPLICANT MUST ALSO COMPLY WITH ALL OTHER
APPLICABLE STATE AND LOCAL STATUTES,
ORDINANCES, AND REGULATIONS.
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
RECESS: 11:05 A.M.
RECONVENE: 11:19 A.M.
89-336 Public hearing _ Butte County Planning Commission
consideration of a code amendment (proposed negative
declaration regarding environmental impact) to amend
subsection (A) (3) of Section 24-202 to clarify the
requirements for construction of an additional dwelling
unit, in various zones, countywide. {459)
MOTION: FIND THAT THE REQUIREMENTS OF CEQA HAVE BEEN
COMPLETED AND CONSIDERED IN MAKING THIS
DECISION AND ADOPT A NEGATIVE DECLARATION;
FIND THAT THE PROPOSED CODE AMENDMENT CONFORMS
TO THE POLICIES, INCLUDING THE TEXT AND MAP,
OF THE BUTTE COUNTY GENERAL PLAN, BECAUSE IT
IS NECESSARY CLEANUP LANGUAGE TO PROVIDE FOR
SOMETHING THAT IS ALREADY THERE; AND
ADOPT ORDINANCE 2771 AMENDING BUTTE COUNTY CODE
SECTION 24-202, SUBSECTION (a) (3) TO READ AS
FOLLOWS:
Page 215
July 25, 1989
Jul 25 1989
(3) AN AFFIDAVIT OF COMPLIANCE WITH AGE
REQUIREMENTS AND NUMBER OF PERSONS
PROVIDED FOR IN THIS SECTION SHALL BE
RECORDED IN THE OFFICE OF THE RECORDER
PRIOR TO ISSUANCE OF BUILDING PERMIT,
SAID AFFIDAVIT SHALL CONSTITUTE A COVENANT
RUNNING WITH THE LAND AS DESCRIBED BY
ASSESSORS PARCEL NUMBER AND SHALL BE
BINDING UPON THE ORIGINAL OWNERS AND THEIR
HEIRS, SUCCESSORS, AND ASSIGNS, LIMITING
THE OCCUPANCY OF THE ADDITIONAL DWELLING
UNIT TO THE CONDITIONS DESCRIBED IN THIS
SECTION.
S M
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
89-337 A closed session will be necessary for the pux'pose of
litigation, personnel matter, and meet and confer. (NONE)
89-338 Communications
a. Mark R. Montgomery, et al., Durham - write
regarding their opposition to a proposed road in the
Durham-Dayton/McAnarlin Avenue area - action
requested - REFER TO PLANNING FOR REPORT AND
RECOMMENDATION.
ADJOURNMENT: There being nothing further before the
Board at this time, the meeting was
adjourned at 11:25 a.m. to reconvene on
Tuesday, August 1, 1989 at 9:00 a,m.
Ch~i~rman, Board o°f Supervisors
ATTEST:
WILLIAM H. RANDOLPH, Chief Administrative Officer
and Clerk of the ~caard
By:
Page 216
July 25, 1989