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HomeMy WebLinkAboutM080189August 1. 1989 Call to order - Board of Supervisors roam, County Administration Building, 25 County Center Drive, Oroville. Supervisors Dolan, Mclnturf, McLaughlin and Chairman Fulton present. Supervisor Vercruse not 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. 89-339 Items removed from the Consent Agenda for Board consideration and action. 1. Certificates of appreciation - Jahn Hawkins, CDF division chief and John Lewis, director of pharmacy services, Enloe Hospital ~- for dedicated service on the Butte County Emergency Medical Care Committee - action requested - AUTHORIZE CERTIFICATES OF APPRECIATION. 59-340 Consent _Ac~enda 1. Approval of minutes - action requested - APPROVE MINUTES OF JULY 18, 1989. 2. Budget transfer - action requested - APPROVE BUDGET TRANSFER B-1 (JUVENILE HALL). 3. County library donation - in accordance with Government Code Section 25355, a $700 donation has been received from Chico Friends of the Library for the Butte County Library Trust for the purchase of books - action requested - ACCEPT DONATION AND AUTHORIZE LETTER OF APPRECIATION. 4. Appointment to CMSP Small County Advisory Committee - action requested - REAPPOINT JTM BOTTLE TO SERVE UNTIL SEPTEMBER 30, 1990. Page 217 August 1, 1989 Auctust 1, 1989 89-340 5. Lynn Hinaman - conveyance of development rights and open area easement - pursuant to condition no. 2 of use permit no. 89-31 - action requested - APPROVE THE CONVEYANCE OF DEVELOPMENT RIGHTS AND OPEN AREA EASEMENT. 6. Louise Hinaman - conveyance of development rights and open area easement - pursuant to condition no. 2 of use permit no. 89-34 - action requested - APPROVE THE CONVEYANCE OF DEVELOPMENT RIGHTS AND OPEN AREA EASEMENT. 7. Report to the Board - Oak Terrace Ranch Group - denied negative declaration with mitigation measures regarding environmental impact, denied general plan amendment from low density residential to commercial, medium density residential and low density residential, and denied rezone from PUD (planned unit development) to R-1 and R-3 (residential) and C-1 (light commercial) on property located on the southeast corner of Olive Highway (State Highway 162} and Apica Way, identified as AP 059-52-0-023, 039 and 040, Oroville - action requested - INFORMATION ONLY. 8. Report to the Board - Oak Terrace Ranch Group - denied negative declaration with mitigation measures regarding environmental impact, denied general plan amendment from low density residential to commercial, medium density residential and low density residential, and denied rezone from PUD (planned unit development) to R-1 and R-3 (residential) and R-P (residential professional) on property located on the southeast corner of Olive Highway (State Highway 162) and Apica Way, identified as AP 069-52-0-023, 039 and 040, Oroville -~ action requested - INFORMATION ONLY. 9. Final map - Walnut Grove Subdivision, Unit 2 - the developer has provided a letter of credit to guarantee construction of improvements within one year on the 26 lot subdivision, AP 43-63-37, property located on the south side of West Lindo Avenue, east of the S.P.R.R. tracks, Chico area - action requested - APPROVE FINAL MAP; ACCEPT EASEMENTS AS GRANTED IN ITEMS 2 AND 3 OF THE OWNER' S STATEMENT ON BEHALF OF THE PUBLIC; ACCEPT GRANT IN FEE SIMPLE TRENTA DRIVE AND SAURAT COURT AS OFFERED IN ITEM 2 OF THE OWNER'S STATEMENT; AND AUTHORIZE THE CHAIRMAN TO SIGN THE SUBDIVISION AGREEMENT. Page 218 August 1, 1989 August 1, 1989 89-340 10. Butte County library - requests acceptance of computer, monitor, and printer in the amount of $2,442.95 from the California Literacy Campaign Grant for the adult reading program - action requested _ ACCEPT FIXED ASSETS. 11. Tax reduction in county service areas - the auditor- controller requests Berard authorization pursuant to Revenue and Taxation Code Section 100 for the elimination of the pro-rata share of local tax rate for 1989-90 for districts with fund balances ample to meet anticipated 1989-90 requirements - action requested - AUTHORIZE THE ELIMINATION OF THE PRO- RATA SHARE OF LDCAL TAX RATE FOR 1989-90 FOR COUNTY SERVICE AREAS NOS. 1, 11, 14, 16, 27, 31, 33, 36, 39, 47 AND 56. 12. Tehama Alcohol Recovery Center (Right Road) renewal contract - a renewal contract has been prepared in the amount of $136,000 to provide alcohol residential detox and recovery services for fiscal year 1989/90 - action requested - APPROVE CONTRACT AND AUTHORIZE THE CHAIRMAN TO SIGN SUBJECT TO APPROVAL BY THE AUDITOR. 13. Paul K. and N. Jeannine Forberg lease agreement - the lease agreement covers previously leased office space and additional office space to accommodate the expanding H.E.R.E. project and the alcohol and drug program. The lease covers the period April 1, 1989 through June 30, 1990 in the maximum amount of $24,405 -action requested -APPROVE LEASE AGREEMENT AND AUTHORIZE THE CHAIRMAN TO SIGN. 14. Private Industry Council - an amendment to the management information system agreement for G,A.I.N. services effective from June 1, 1988 to June 30, 1989 not to exceed a total of $16,683 - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIRMAN TO SIGN. 15. Applied GeoSystems contract - initial work by the consultant to determine the extent of potential contamination at the Chico corporation yard has been completed. Approximately 300 yards of material must now be excavated, tested, treated, and properly disposed of - action requested - APPROVAL FOR THE DIRECTOR OF PUBLIC WORKS TO AUTHORIZE ADDITIONAL WORK BY THE CONSULTANT, UNDER EXISTING CONTRACT, TO COMPLETE THE CLEANUP WORK. Page 219 August ~., 1989 Aucrust 1, 1989 89-340 16. Gridley transportation services - the amendment provides for continuing the Gridley Flyer subsidized taxi for senior citizens and handicapped in the Gridley area at an estimated cost of $9,975 to be funded from the Transportation Development Act (SB 325) funds - action requested - APPROVE AMENDMENT AND AUTHORIZE THE CHAIRMAN TO SIGN. 17. Department of Youth Authority - an agreement has been prepared to house twelve wards of the state in the Butte County juvenile hall for fiscal year 1989/90 at a cost to the state of $200,874 - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIRMAN TO SIGN. 18. Right-of-way exchange - proposed is a right-of-way exchange with Betty Simpson for other rightwof-way along Lower Wyandotte Road which is needed for road purposes as part of a tentative parcel map, AP 36- 31-106 and 130, four parcels plus remainder, property located on the north side of Lower Wyandotte Raad approximately 1.1 miles east of Upper Palermo Road, Oroville area - action requested - APPROVE THE AGREEMENT FOR EXCHANGE OF REAL PROPERTY; ADOPT RESOLUTION 89-115 AND AUTHORIZE THE CHAIRMAN TO SIGN THE AGREEMENT AND THE QUIT CLAIM DEED. 19. Advancement of salary step - chief deputy county counsel - county counsel requests advancement of a chief deputy county counsel to the "E" step of the salary range pursuant to the provisions of Personnel Rules Section 12.13 - action requested ~- AUTHORIZE ADVANCEMENT IN SALARY STEP. 20. Advanced step hiring - the Superior Court requests advanced step hiring of court reporters up to the "E" step of the salary range - action requested - AUTHORIZE ADVANCED STEP HIRING. 21. Advanced step hiring - the district attorney requests advanced step hiring for two deputy district attorney IV positions at the "E" step of the salary range - action requested - AUTHORIZE ADVANCED STEP HIRING. MOTION: MOVE TO APPROVE THE CONSENT AGENDA WITH THE REMOVAL OF ITEM 3.12. S M VOTE: l Y 2 Y 3~AB 4 Y 5 Y (Unanimously Carried) Page 220 August 1, 1989 August 1, 1989 Regular Agenda 89-341 Items removed from the Consent Agenda for Board consideration and action. 1. Certificates of appreciation - John Hawkins - CDF division chief and John Lewis, director of pharmacy services, Enloe Hospital - for dedicated service on the Butte County Emergency medical Care Committee - action requested - AUTHORIZE CERTIFICATES OF APPRECIATION. (PRESENTATION OF CERTIFICATE OF APPRECIATION TO JOHN LEWIS, DIRECTOR OF PHARMACY SERVICES, ENLOE HOSPITAL BY DR. CHET WARD, PUBLIC HEALTH DIRECTOR) MOTION: MOVE TO AUTHORIZE CERTIFICATES OF APPRECIATION. M S VOTE: l Y 2 Y 3 AB 4 Y 5 Y (Unanimously Carried) 89-342 Appointments - commissions and committees. a. Appointments to the South Paradise Rezone Citizens Advisory Committee - action requested _ MAKE APPOINTMENTS. (HOLD TO LATER IN MEETING) b. Appointments to committee vacancies. (NONE) 89-343 Discussion of federal bills H.R. 2190 and S. 874 "National Voter Registration Act of 1989" and their fiscal effects on Butte County - action requested - OPPOSE BILLS IN THEIR PRESENT FORM; AND AUTHORIZE THE CHAIRMAN TO SEND LETTERS TO LEGISLATORS EXPRESSING CONCERNS/RECOMMENDATIONS TF BILLS ARE ENACTED. MOTION: MOVE TO OPPOSE BILLS IN THEIR PRESENT FORM; AND AUTHORIZE THE CHAIRMAN TO SEND LETTERS TO LEGISLATORS EXPRESSING CONCERNS/RECOMMENDATIONS IF BILLS ARE ENACTED. S M VOTE: 1 Y 2 Y 3 AB 4 Y 5 Y (Unanimously Carried) 89-344 Appointments - commissions and committees. a. Appointments to the South Paradise Rezone Citizens Advisory Committee - action requested - MAKE APPOINTMENTS. (559) Page 221 August ~., 1989 August 1. 1989 MOTION: MOVE TO APPOINT TO THE SOUTH PARADISE REZONE CITIZENS ADVISORY COMMITTEE RUSSELL MOUNT, DANIEL SCHAFER, DEAN RAY BECKETT, SR., THOMAS MORGAN, CATHARINE BURGESS, CLOYCE FOOTS AND HAROLD DAWSON. S M VOTE: 1 Y 2 Y 3 AB 4 Y 5 Y {Unanimously Carried) 89-345 CLOSED SESSION: The Board recessed to closed session at 9:28 a.m, regarding the County of Butte vs. Vo-Vi Friendship Association pursuant to Government Code Section 54956.9 {a) , and meet and confer. RECONVENE: The Board reconvened at 10:08 a.m. fallowing a closed session on litigation and meet and confer. (NO ANNOUNCEMENTS) Public Hearings and__Timed Items 89-346 Public hearing - formation of County Service Area No. 121 (animal control services) - the Local Agency Formation Commission has approved the formation of CSA No. 121 for the purpose of providing animal control services - action requested - ADOPT RESOLUTION ESTABLTSHTNG COUNTY SERVICE AREA NO. 121, DESIGNATING THE BOUNDARY OF THE COUNTY SERVICE AREA AND THE TYPES OF SERVICES TO BE PROVIDED THEREIN. Public hearing -formation of County Service Area No. 122 {fire protection services) - the Local Agency Formation Commission has approved the formation of CSA No. 122 for the purpose of providing fire protection services - action requested - ADOPT RESOLUTION ESTABLISHING COUNTY SERVICE AREA N0. 3.22, DESIGNATING THE BOUNDARY OF THE COUNTY SERVICE AREA AND THE TYPES OF SERVICES TO BE PROVIDED THEREIN. {645) (**00) MOTION: MOVE TO ADOPT RESOLUTION 89-116 ESTABLTSHTNG COUNTY SERVICE AREA NO. 122, DESIGNATING THE BOUNDARY OF THE COUNTY SERVICE AREA AND THE TYPES OF SERVICES TO BE PROVIDED THEREIN. S M VOTE : l Y 2 Y 3 AB 4 Y 5 Y Page 222 {Unanimously Carried) August 1, 1989 August 1, 1989 MOTION: MOVE TO ADOPT RESOLUTION ESTABLISHING COUNTY SERVICE AREA NO. 121, DESIGNATING THE BOUNDARY OF THE COUNTY SERVICE AREA AND THE TYPES OF SERVICES TO BE PROVIDED THEREIN. M VOTE: 1 2 3 AB 4 5 (Motion died lack of a second) RECESS: 12:25 P.M. RECONVENE: 12:42 P.M. (NEIL McCABE, CHIEF DEPUTY COUNTY COUNSEL PRESENT) 89-347 Continued hearing - William Hauselt - appeal of the Planning Commission's requirement for an environmental impact report on a rezone from A-10 (agricultural, ten acre parcels) to SR-1 (suburban residential, one acre parcels), property located on the east side of Highway 99, identified as AP 47-43-03, north of Chico. (2350) (CONTINUED TO SEPTEMBER 12, 1989 AT 11:00 A.M.) 89-348 Continued hearing - Jane Dolan - appeal of the Advisory Agency's approval of James Dias, West Chico Estates tentative subdivision map (negative declaration with environmental mitigations recommended), AP 43-04-10, 54 lots, property located at the intersection of Fern Avenue and West 11th Avenue lying immediately east of the S.P.R.R., Chico area. (2385) Page 223 August 1, 1989 Auciust 1,_ 1989 MOTION: MOVE TO ADOPT A NEGATIVE DECLARATION WITH ENVIRONMENTAL MITIGATIONS FOR THE WEST CHTCO ESTATES SUBDIVISION TO CREATE 48 PARCELS ON AP 43-04-10 FINDING THAT THE PROJECT COULD HAVE AN EFFECT ON THE ENVIRONMENT, BUT WILL NOT HAVE A SIGNIFICANT EFFECT IN THIS CASE PROVIDED THE REQUIRED MITIGATION MEASURES ARE COMPLIED WITH. THOSE MITIGATION MEASURES ARE ITEMS NO. 1 THROUGH NO. 4 AS LISTED WITHIN THE PLANNING DIRECTOR'S REPORT. THE MOTION IS MADE FINDING THAT THE PROJECT IS IN CONFORMANCE WITH THE BUTTE COUNTY GENERAL PLAN AND BUTTE COUNTY ZONING. HAVING FOUND THE ABOVE, I FURTHER MOVE TO APPROVE THE PROJECT SUBJECT TO PUBLIC WORKS CONDITIONS 1 THROUGH 2Q, ENVIRONMENTAL HEALTH CONDITIONS 21 THROUGH 25, AND MITIGATION MEASURES 26 THROUGH 29 AS STATED TN LETTER DATED JUNE 12, 1989 TO THE APPLICANT. THE APPROVAL TS FOR LOTS 1 THROUGH 20 SINGLE FAMILY LOTS, AND 21 THROUGH 34 SPLIT DUPLEX LOTS WITH THE STREET CONFIGURATION ON THE REVISED PHASE MAP, ALTERNATE 3, SUBMITTED BY THE APPLICANT, AND FINDING THAT APPROVAL WILL NOT BE DETRIMENTAL TO THE HEALTH, SAFETY OR WELFARE OF THE PEOPLE OF BUTTE COUNTY PROVIDED THE REQUIRED CONDITIONS ARE COMPLIED WITH. M S VOTE: 1 Y 2 Y 3 AB 4 Y 5 Y (Unanimously Carried) Communications 89-349 Communications received and referred. (COPSES OF ALL COMMUNICATIONS ARE AVAILABLE IN THE CLERK OF THE BOARD OFFICE.) a. City of Chico - writes regarding proposed street projects to be funded from street facility fees - action requested - REFER TO PUBLIC WORKS DIRECTOR AND CHICO ISSUES COMMITTEE. b. R. S. Staples, Chico - forwards petitions from residents of Oakway and Glenwood Avenues, Chico requesting additional speed limit and stop signs for their intersection - action requested - REFER TO PUBLIC WORKS DIRECTOR FOR REPORT AND RECOMMENDATION. Page 224 August 1, 1989 August 1, 1989 c. Western Canal Water District, Richvale - writes requesting consideration of appropriate mechanisms available to alleviate the growing hazard of used tires being dumped in existing water canals, drains, and ditches - action requested - REFER TO PUBLIC WORKS DIRECTOR AND HAZARDOUS/SOLID WASTE ADVISORY COMMITTEE. $9-350 Public Comment. (PRESENTATYONS 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) ADJOURNMENT: There being nothing further before the Board at this time, the meeting was adjourned at 12:2 5 p . m . to reconvene on Tuesday, August 15, 1989 at 9:00 a.m. irmari, hoard of Supervisors ATTEST: WILLIAM H. RANDOLPH, Chief Administrative Officer and Clerk of the BQ4rd of Supervisors By: Page 225 August 1, 1989