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HomeMy WebLinkAboutM091791September_17. 1991 Ca11 to order - Board of Supervisors room, County Administration Building, 25 County Center Drive, Oroville, Supervisors Fulton, Houx, McInturf, McLaughlin and Chair Dolan present, William H. Randolph, chief administrative officer; Susan Minasian, county counsel; and Carol Roach, assistant clerk of the Berard. Pledge of allegiance to the Flag of the United States of America. 91-398 Items removed from the Consent Agenda for Board consideration and action. 1. Resolution authorizing execution of Memorandum of Understanding (MOU) regarding Oroville Area Enterprise Zone - the City of Oroville is in the process of finalizing the work necessary to obtain State approval of the establishment of the Oroville Area Enterprise Zane. Execution of a MOU by the City and County agreeing to coordinate and facilitate new industrial and commercial development within the enterprise zone is a required step. The terms of the MOU have been resolved by City and County staff -- action requested - ADOPT RESOLUTION AUTHORIZING THE CHAIR TO EXECUTE THE MEMORANDUM OF UNDERSTANDING {MOU} ON BEHALF OF THE COUNTY. 2, Establishment of General Assistance grant rates for the annual cost-of-living (COLA) as mandated by the Consent Decree in Organ v. Dolan. Change to be effective September 1, 1991 - action requested - ADOPT THE PROPOSED GRANT CHANGES. Page 270 September 17, 1991 September__17, 1991 91-399 Consent, Agenda 1. Approval of minutes - action requested - APPROVE MINUTES OF AUGUST 20, 1991 AND AUGUST 21, 1991, 2. Budget transfers - action requested -APPROVE BUDGET TRANSFERS B -7 (FIRE PROTECTION-REGULAR}, B-8 (DISTRICT ATTORNEY-CRIMINAL), B-9 (ENVIRONMENTAL HEALTH), AND B-10 (SHERIFF-CORONER). 3. Determination whether public necessity, health, safety or welfare require the formation of an underground utility district on the Skyway in Paradise Pines - action requested - ADOPT RESOLUTION 91-98 SETTING A PUBLIC HEARING FOR OCTOBER 15, 1991 AT 10:00 A.M. 4. Renaming a private road in the Gridley area from Hopkins Avenue (Larkin Road to end) to Johnson Clan Avenue - action requested - ADOPT RESOLUTION 91-99 SETTING A PUBLIC HEARING FOR OCTOBER 15, 1991 AT 10:30 A.M. 5. Tn Home Supportive Services Program - proposed is a third year renewal of the contract with National Homecare Systems - action requested - IN ACCORDANCE WITH IHSS MANUAL SECTION 23-625.1, SET A PUBLIC HEARING FOR NOVEMBER 19, 1991 AT 11:00 A.M. 6. County library donation - in accordance with Government Code Section 25355, donations of $800 from Chico Friends of the Library, $300 from Oroville Eagles Auxiliary, and $140 anonymously have been received for the Butte County trust fund for the purchase of books - action requested - ACCEPT DONATIONS AND AUTHORIZE LETTERS OF APPRECIATION. 7. Assessment Appeals Board - action requested - REAPPOINT JOHN PAYNE AS HEARING OFFICER TO SERVE UNTIL SEPTEMBER 5, 1994. 8. Community Action Agency - action requested - APPOINT BEVE CHAMBERS (DISTRICT 4) TO FILL AN UNEXPIRED TERM TO EXPIRE DECEMBER 31, 1992. 9. County Commission on Aging - action requested - APPOINT AMADOR GARCIA (DISTRICT 4) TO FILL AN UNEXPIRED TERM TO EXPIRE DECEMBER 31, 1992. Page 271 September 17, 1991 September 17. 1991 91-399 10. Substance Abuse Council (Alcohol and Drug Advisory Council) - action requested - REAPPOINT RICK McKAY, MARY ANDERSON, BRENDA BEAUDETTE AND JANET TAYLOR TO SERVE UNTIL JULY, 1994; APPOINT KAY HEATH TO SERVE UNTIL JULY, 1994; AND APPOINT JOANN WENZEL TO SERVE UNTIL JULY, 1992. 11. Butte Creek Canyon Stations 26 and 27 -fire station site donations - Erika Alm as Trustee of the Alm Trust has donated a parcel of land by grant deed which will be utilized as afire station site in the Butte Creek Canyon. The grant deed and stipulations have been reviewed and approved by County Counsel, and the location has been approved by the Planning Commission - action requested - ADOPT RESOLUTION 91- 100 ACCEPTING GRANT DEED AND INSTRUCTING THE CLERK OF THE BOARD TO RECORD THE RESOLUTION AND GRANT DEED IN THE OFFICE OF THE RECORDER; AUTHORIZE THE CHAIR TO SIGN; AND AUTHORIZE LETTER OF APPRECIATION. 12, Conveyance of Caunty property - water tender 21 - Board authorization is requested for the return of water tender 21 (County na. 942, license no. E026020) to the Cohasset Community Association, This unit is an old military 6 x 6 that has been declared surplus due to age and damage. Proceeds from its sale will be applied to the purchase a newer water tender for the Cohasset Volunteer Fire Company - action requested - AUTHORIZE PUBLICATION OF NOTICE OF INTENTION TO CONVEY COUNTY PROPERTY PURSUANT TO GOVERNMENT CODE SECTIONS 25365 AND 6061. 13. Butte County Fire Department - Board approval is requested to accept a donation from the Cohasset Community Association of a used Kenworth truck (license no. 3L97109, serial no, 119884) which will be modified for use as a 3500 gallon water tender (water tender 21) for the Cohasset Volunteer Fire Company - action requested - ACCEPT DONATION AND AUTHORIZE LETTER OF APPRECIATION, 14, Conveyance of County property - County fire engine 12 - Board authorization is requested for the donation of a 1954 GMC/Van Pelt Fire Engine, County no. 689, license E553217, to Butte College for use in its fire technology program. Old engine 12, which was recently replaced by a 1972 engine donated to the County, is no longer reliable for daily service and its resale value is negligible - action requested - AUTHORIZE PUBLICATION OF NOTICE OF INTENTION TO CONVEY COUNTY PROPERTY PURSUANT TO GOVERNMENT CODE SECTIONS 25365 AND 6061. Page 272 September 17, 1991 September 17, 1991 91-399 15. Surplus property - aircraft - Board authorization is requested to declare a DeHavilland Beaver, model USA aircraft, serial no. 899 (N90663), which was acquired jointly by Butte County Civil Disaster and the Butte County Mosquito Abatement District, surplus to the needs of the County - action requested - DECLARE THE AIRCRAFT SURPLUS TO THE NEEDS OF BUTTE COUNTY; SET A FAIR MARKET VALUE OF $30,000 FOR THE AIRCRAFT; AND AUTHORIZE SALE OF THE AIRCRAFT BY THE BUTTE COUNTY MOSQUITO ABATEMENT DISTRICT, WITH THE NET PROCEEDS DIVIDED EQUALLY BETWEEN THE COUNTY AND DISTRICT. 16. Surplus property - computer equipment - Board authorization is requested to declare computer equipment consisting of a 90/40 memory 16k-131k Board (asset no. 00018512) and 90/40 computer with peripherals {asset no. 00419278} surplus to the needs of the County - action requested - DECLARE ITEMS SURPLUS AND AUTHORIZE DISPOSAL AS SALVAGE MATERIAL. 17. Planning Department - Board authorization is requested to purchase an one gigabyte disk drive, which was approved in the 1991/92 preliminary budget for support of the Graphic Information System (GTS) - action requested - APPROVE PURCHASE OF FIXED ASSET ITEM. 18, Public Health - Board authorization is requested to purchase a computer monitor, tape back-up system, laser printer, and vehicle from the $18,559 received by the County from the California Integrated Waste Management Board in accordance with the provisions of the Solid Waste Grant Program contract no. EA- 90-0146-04. Budget transfer B-9 has been prepared for the necessary appropriation - action requested - APPROVE PURCHASE OF FIXED ASSET ITEMS. 19. Sheriff-Coroner - Board authorization is requested to purchase a surplus 1979 Ford 70 HP diesel tractor in the maximum amount of $1,200 plus sales tax far use in the Sheriff's garden project which will utilize inmate labor to provide winter and summer vegetables for use in the jail and juvenile hall. Budget transfer B-10 has been prepared for the necessary appropriation - action requested -APPROVE PURCHASE OF FIXED ASSET ITEM. 20. Investment information report - the Treasurer/Tax Collector submits the August 30, 1991 report in accordance with AS 1073 and the County's investment policy - action requested - ACCEPT FOR INFORMATION. Page 273 September 17, 1993. September 17. 1991 91-399 21. Adoption of a salary ordinance amendment to flexibly staff three of the public health nurse practitioner positions with the public health nurse level classification to provide the department a greater opportunity to meet its staffing needs. Funding is from within the department budget - action requested - ADOPT ORDINANCE 2950 AND AUTHORIZE THE CHAIR TO SIGN. 22. Introduction of an ordinance amending Article III of the Butte County Code - the proposed ordinance deletes in its entirety Section 2-20.7(b) which created an assistant chief administrative officer position to serve at the pleasure of the chief administrative officer. The classified position of assistant administrative officer was adopted by the Board in the salary ordinance and position allocation ordinance in March, 1991 - action requested - WAIVE READING OF THE ORDINANCE. 23. Resolution repealing and amending the merit system and personnel rules relating to expenses for mileage - the mileage expense rates are not consistent between represented employees, non- represented employees and volunteers. A resolution has been prepared amending the Personnel Rules granting all employees the Internal Revenue Service rate allowable for mileage reimbursement and a flat rate far providing a vehicle for the first 100 miles or less per month (100 miles times the IRS rate), and requiring notice when an employee does not have a valid drivers license - action requested - ADOPT RESOLUTION 91-101 AND AUTHORIZE THE CHAIR TO SIGN. 24. Resolution implementing current State Density Bonus Law - the proposed resolution incorporates the provisions of the State Density Law as recently amended and repeals resolution 85-207 - action requested - ADOPT RESOLUTION 91-102 AND AUTHORIZE THE CHAIR TO SIGN. 25. Resolution approving microfilming or destruction of certain Sheriffs Department records, documents, and papers, pursuant to Government Code Sections 25202, 26202.6, 26205 and 26205.1 - action requested - ADOPT RESOLUTION 91-103 AND AUTHORIZE THE CHAIR TO SIGN. Page 274 September 17, 1991 September 17 ,.____1.991 91-399 26. Alzheimer's Society of Northern California - a resolution has been prepared honoring Bea and John Gorman and the Alzheimer's Society for "A Decade of Caring and Sharing" - action requested - ADOPT RESOLUTION 91-104 AND AUTHORIZE THE CHAIR TO SIGN. 27. 1991/92 transit claim - pursuant to the Transportation Development Act, the Public Works Director has prepared a claim far SB 325 funds for road and bridge maintenance and construction, and SB 325 and SB 620 funds for public transportation projects as included in the 1991/92 County budget - action requested - APPROVE FISCAL YEAR 1991/92 PROJECT FUNDING CLAIM AND AUTHORIZE THE DIRECTOR OF PUBLIC WORKS TO SIGN. 28. Resolution authorizing execution of program supplement no. 57 to local agency - state agreement no. 03-5912 for federal aid projects - program supplement no. 57 covers funding for preliminary engineering costs for the bridge replacement project of constructing the Aguas Frias Road Bridge at Richvale West Drain, federal bridge replacement project BRRS-4775(001) (CRP-L089(781). County matching share provided by state matching funds (federal/$27,907 and state/$4,593) - action requested - ADOPT RESOLUTION 91-105 AND AUTHORIZE THE CHAIR TO SIGN. 29. Resolution authorizing execution of program supplement no. 58 to local agency - state agreement no. 03-5912 far federal aid projects - program supplement no. 58 covers funding for preliminary engineering costs for the bridge replacement project of constructing the Feather Avenue Bridge at Ruddy Creek, federal bridge replacement project BROS- 0007(024) CRP-L089(780). County matching share provided by state matching funds (federal/$18,032 and state/$2,968) - action requested - ADOPT RESOLUTION 91-106 AND AUTHORIZE THE CHAIR TO SIGN, 30. Approval of plans and specifications for reconstruction of Fallbrook Avenue from Ft. Wayne Street to Wyandotte Avenue, County project no. 25505E-91-1 - plans and specifications have been completed for the project - action requested - APPROVE PLANS AND SPECIFICATIONS; AUTHORIZE CHAIR AND DIRECTOR OF PUBLIC WORKS TO SIGN PLANS; ADOPT WAGE SCALE; AND SET BiD OPENING FOR OCTOBER 10, 1991. AT 11:00 A.M. IN THE PUBLIC WORKS OFFICE. Page 275 September 17, 1991 September 17, 1991 91-399 31. Elaine Pacheco (aka Hutchison), Oroville - files a claim in an unspecified amount as a result of alleged damages and injuries sustained in an incident at the Butte County Jail on or about December 17, 1990 - action requested - REJECT CLAIM AND REFER TO COUNTY COUNSEL AND RISK MANAGEMENT. 32. Preplacement medical evaluations - the committee to evaluate medical providers to conduct Preplacement medical evaluations is recommending the County contract with Chico Industrial Medical Clinic at an estimated cost of $22,000 a year - action requested - APPROVE CONTRACT AND AUTHORIZE THE CHAIR TO SIGN. 33. Air Pollution Control Officer agreement - proposed is an agreement for employment services commencing August 31, 1991 and expiring on August 31, 1993 with compensation of $49,400 per year _ action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. 34. 1991/92 pesticide regulatory enforcement agreement 91-0128(1) - the proposed amendment to the agreement, which was approved by the Board on June 18, 1991, changes the department name from Department of Food and Agriculture to California Department of Pesticide Regulation - action requested - APPROVE AMENDMENT TO AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. 35. Assignment of counsel - County Counsel proposes assigning Cottrell v. County of Butte to the law firm of Marsh, Marsh, Volpe and Malin - action requested - APPROVE ASSIGNMENT OF COUNSEL. 36. Butte Meadows Operation and Maintenance Grant - an agreement for project no. OR-0227 has been prepared with the State Department of Parks and Recreation covering snow removal costs ($11,000} as part of an approved off-highway motor vehicle recreation grant. A required 25 percent match will be provided by the Butte Meadows Hillsliders Snowmobile Club. The agreement covers the period July 1, 1991 through June 30, 1992 - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHIEF ADMINISTRATIVE OFFICER TO SIGN PURSUANT TO BOARD RESOLUTION NO. 89-054. Page 276 September 17, 1991 September 17. 1991 91-399 37. Crestwood Hospital, Inc. dba Crestwood Manor, Angwin - proposed is an extension of an agreement for residential treatment services commencing July ~., 7.991 through June 30, 1992 in the maximum amount of $34,950 - action requested - APPROVE EXTENSION OF AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. 38. Crestwood Hospital, Inc. dba Crestwood Manor, Modesto - proposed is an extension of an agreement for residential treatment services commencing July 1, 1991 through June 30, 1992 in the maximum amount of $36,500 - action requested - APPROVE EXTENSION OF AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. 39. Jack Joiner agreement - proposed is an extension of an agreement for quality assurance services (utilization review) for mental health clients as required by Title 42 of the Code of Federal Regulations and Article 4 of the California Welfare and Institutions Cade commencing July 1, 1991 through September 30, 1991 in the maximum amount of $3,343 - action requested - APPROVE EXTENSION OF AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. 40. Kate McCracken agreement -- proposed is an amendment to an agreement approved by the Board on July 16, 1991 for the provision of clinical and supervision services to Alcohol and Drug Services to reconcile the $20.89 hourly rate which appeared as $20.63 per hour on page 3 and $20.89 on page 5 on the original agreement - action requested - APPROVE AMENDMENT TO AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. 41. Pineridge Care Home agreement - proposed is an extension of an agreement for supplemental board and care services commencing July 1, 1991 through June 30, 1992 in the maximum amount of $6,624 - action requested - APPROVE EXTENSION OF AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. 42. Victor Residential Centers, Inc. agreement -- proposed is an extension of an agreement to provide an intensive residential treatment setting for mentally ill adolescents who otherwise would require more restrictive and costly care in a hospital setting commencing July 1, 1991 through June 30, 1992 in the maximum amount of $132,280 - action requested - APPROVE EXTENSION OF AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. Page 277 September 17, 1991 September 17, 1991, 91-399 43. 1991/92 Women, Infants and Children (WIC) agreement no. 91-12016 - proposed is an agreement to renew the WIC agreement with the State Department of Health Services for the period from October 1, 1991 through September 30, 1992 in the maximum amount of $330,652. The WIC program is 100 percent federally funded - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF THE AUDITOR-CONTROLLER AND COUNTY COUNSEL. 44. Food stamp issuance agreement -- proposed is an amendment to the agreement for over-the-counter distribution of food stamps by the U.S. Postal Service increasing the issuance fee from $2.37 to $2.38 per transaction - action requested - APPROVE AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN. 45. Chico Industrial Medical Clinic - proposed is the amendment of a previously approved fiscal year 1990/91 agreement to provide history and physicals at the Mental Health Psychiatric Health Facility to cover the cost of services provided above and beyond the maximum amount of the agreement. Funding will be from transferred surplus encumbered funds within the department budget - action requested - APPROVE AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL. 46. Chico Industrial Medical Clinic - proposed is an one year extension of a previously approved fiscal year 1990/91 agreement to provide history and physicals at the Mental Health Psychiatric Health Facility in the maximum amount of $61,160 from State/local funds - action requested - APPROVE EXTENSION TO AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SU&7ECT TO APPROVAL OF COUNTY COUNSEL. 47. Eskaton American River Manor - proposed is an one year extension of a previously approved fiscal year 1990/91 agreement to provide psychiatric services for a specified Butte County Mental Health client for up to 365 days in the maximum amount of $5,702 from State/local funds - action requested - APPROVE EXTENSION OF AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL. 48. Dennis Bruce - a contract has been prepared to provide family therapy for children and parents referred through Child Protective Services for the period September 1, 1991 through August 31, 1992 in the maximum amount of $9,950 - action requested - APPROVE CONTRACT AND AUTHORIZE THE CHAIR TO SIGN. Page 278 September 17, 1991 September 17, 1991 91-399 49. Enloe Hospital Stress and Health Center - a contract has been prepared to provide group therapy for children and parents referred through Child Protective Services for the period September 1, 1991 through August 31, 1992 in the maximum amount of $4,000 - action requested - APPROVE CONTRACT AND AUTHORIZE THE CHAIR TO SIGN. 50. Anne Giel - a contract has been prepared to provide family therapy for children and parents referred through Child Protective Services far the period July ~., 1991 through June 30, 1992 in the maximum amount of $5,000 - action requested - APPROVE CONTRACT AND AUTHORIZE THE CHAIR TO SIGN. 51. Sally Gjestson - a contract has been prepared to provide sexual abuse therapy for children and parents referred through Child Protective Services for the period September 1, 1991 through August 31, 1992 in the maximum amount of $9,950 - action requested -APPROVE CONTRACT AND AUTHORIZE THE CHAIR TO SIGN. 52. Dennis Hyde - a contract has been prepared to provide family therapy for children and parents referred through Child Protective Services for the period October 1, 1991 through September 30, 1992 in the maximum amount of $9,950 - action requested - APPROVE CONTRACT AND AUTHORIZE THE CHAIR TO SIGN. 53. Advanced step hiring - Department of Public Health - Board authorization is requested to hire an environmental health specialist II at step 3 of salary range 177 - action requested - AUTHORIZE ADVANCED STEP HIRING. 54. Conflict of Interest Code - request for exemption from Government Code Section 87300 requiring adoption and promulgation of a conflict of interest code - Drainage District No. 1 of Butte County has submitted documentation in support of their request for exemption pursuant to California Code of Regulations, Regulation 18751. The request for exemption has been approved by County Counsel - action requested - APPROVE REQUEST FOR EXEMPTION. 55, Sheriff-Coroner - commercial washing machines - Board authorization is requested to purchase two commercial washing machines for the jail in the maximum amount of $6,500 each - action requested - AUTHORTZE PURCHASE OF FIXED ASSET ITEMS. Page 279 September 17, 1991 September__17~ 1991 91-399 56. Resolution commending Mrs. Gayle Wilson for her efforts in the field of early prenatal care, the learning disabled and children with mental health problems - action requested - APPROVE RESOLUTION 91- 107 AND AUTHORIZE THE CHAIR TO SIGN. MOTION: MOVE TO APPROVE THE CONSENT AGENDA WITH THE REMOVAL OF ITEMS 3.25 AND 3.54. S M VOTE: i Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) Regular Agenda 91-400 Items removed from the Consent Agenda for Board consideration and action. 1. Resolution authorizing execution of Memorandum of Understanding (MOU) regarding Oroviile Area Enterprise Zone - the City of Oroville is in the process of finalizing the work necessary to obtain State approval of the establishment of the Oroville Area Enterprise Zone. Execution of a MOU by the City and County agreeing to coordinate and facilitate new industrial and commercial development within the enterprise zone is a required step. The terms of the MOU have been resolved by City and County staff - action requested - ADOPT RESOLUTION AUTHORIZING THE CHAIR TO EXECUTE THE MEMORANDUM OF UNDERSTANDING (MOU) ON BEHALF OF THE COUNTY. (36) (SUPERVISORS McINTURF AND McLAUGHLIN TO MEET WITH REPRESENTATIVES OF THE CITY AND THE ADMINISTRATIVE OFFICE. CONTINUED TO BOARD MEETING OF SEPTEMBER 24, 1991) 2. Establishment of General Assistance grant rates for the annual cost-of-living (COLA) as mandated by the Consent Decree in Organ v. Dolan. Change to be effective September 1, 1991 - action requested - ADOPT THE PROPOSED GRANT CHANGES. (534) (NO ACTION TAKEN - REFER TO MINUTE ORDER 91-413) 91-401 Appointments - commissions and committees. a. Appointments to committee vacancies. (NONE) Page 280 September 17, 1991 September___17~ 2991 91-402 Closed hearing - expansion of powers for County Service Area No. 114 (Chico Urban Area Nitrates/Butte County} - the Local Agency Formation Commission has approved the expansion of powers for CSA No. 114 (Chico Urban Area Nitrates/Butte County) for the purpose of providing water service, sewer service, soil conservation and drainage control, and road maintenance in order to prepare detailed engineering studies dealing with sewering and drainage of the area - action requested - ADOPT AMENDED RESOLUTION EXPANDING THE POWERS OF CSA NO. 114 AND AUTHORIZE THE CHAIR TO SIGN. (714) MOTION: MOVE TO ADOPT AMENDED RESOLUTION 91-108 EXPANDING THE POWERS OF CSA NO. 114 AND AUTHORIZE THE CHAIR TO SIGN. M S VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y {Unanimously Carried) 91-403 Closed hearing - adoption of an ordinance repealing and re-enacting Article V of Chapter 15 of the Butte County Code pertaining to the regulation of smoking in work places and enclosed public places - action requested - ADOPT ORDINANCE AND AUTHORIZE THE CHAIR TO SIGN. {795} MOTION: MOVE TO ADOPT ORDINANCE AND AUTHORIZE THE CHAIR TO SIGN. M S VOTE: 1 Y 2 Y 3 N 4 N 5 N (Nation Failed) MOTION: MOVE TO INSTRUCT OUR ADMINISTRATIVE OFFICE TO WORK WITH THE CITIES TO DEVELOP AN UNIFORM BALLOT MEASURE TO PLACE BEFORE THE VOTERS SO THAT WE HAVE AN EVEN PLAYING FIELD OVER THE ENTIRE COUNTY. THEN EVERYBODY GETS AN OPPORTUNITY TO VOTE ON THE SAME MEASURE, AND THE RULES ARE THE SAME FOR EVERYBODY IN THIS COUNTY. S M VOTE: 1 Y 2 Y 3 N 4 Y 5 Y (Motion Carried} 91-404 Report and recommendations relative to the code enforcement program procedures and policies - action requested - ACTION AS DEEMED APPROPRIATE. (NO ACTION AT THIS TIME - REFER TO MINUTE ORDER 91-414) 91-405 Consideration of a request for Board waiver/deferral of Public Works standards for urban improvements on AP 021- 070-089. (925) {A BOARD COMMITTEE OF CHAIR DOLAN AND SUPERVISOR HOUX TO MEET WITH THE PUBLIC WORKS DEPARTMENT, PLANNING DEPARTMENT, COUNTY COUNSEL AND ADMINISTRATIVE OFFICE. CONTINUED TO BOARD MEETING OF OCTOBER 1, 1991} Page 281 September 17, 1991 Se tember 17 1991 91-406 Closed hearing - Rolls, Anderson & Rolls, on behalf of Gene F. Camp - consideration of an appeal of the Subdivision Violation Committee's condition (verify legal access to the parcel from a publicly maintained road in compliance with Chapter 20, Section 134 of the Butte County Code} on a conditional Certificate of Compliance, AP 07-02-117 & 119, one lot, property located 800 feet west of Cohasset Road, North Chico area. (925} {CONTINUED TO BOARD MEETING OF NOVEMBER 5, 1991) RECESS: 9:55 A.M. RECONVENE: 10:16 A.M. Public Hearings and Timed Items 91-407 Continued hearing - Butte County Housing Authority - consideration of rezone (proposed negative declaration regarding environmental impact) from R-3 (residential) to P-Q (public-quasi public}, property located at the southeast corner of Kirk Road and East Gridley Road, identified as AP 024-22-0-030, east of Gridley. (1437) MOTION: MOVE TO APPROVE THE REZONE FROM R-3 TO P-Q AS RECOMMENDED BY THE BUTTE COUNTY PLANNING COMMISSION ON AUGUST 24, 1989; NOTE THAT A NEGATIVE DECLARATION REGARDING ENVIRONMENTAL IMPACT FOR THIS PROJECT WAS PREVIOUSLY CERTIFIED BY THE BUTTE COUNTY BOARD OF SUPERVISORS ON OCTOBER 3, 1989; FIND THAT THE PROPOSED REZONE CONFORMS TO THE POLICIES AND THE TEXT OF THE BUTTE COUNTY GENERAL PLAN; AND ADOPT ORDINANCE 2951 REZONING AP 024-220-030 TO P-Q (PUBLIC, QUASI-PUBLIC) (BUTTE COUNTY HOUSING AUTHORITY). S M VOTE; l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) 91-408 Public hearing - Betty Simpson and Nikki Duplisea - consideration of a rezone (proposed negative declaration with mitigation measures regarding environmental impacts) from C-1 (light commercial) to C-2 (general commercial}, property located at the southwest corner of Olive Highway and Miner's Ranch Road, identified as AP 069-520-047 and 048, Oroville. (1626) Page 282 September 17, 1991 September 17, 1991 91-408 MOTION: MOVE TO ACCEPT RECOMMENDATIONS OF STAFF MEMORANDUM DATED MAY 2 3 , 1991; 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 THAT (A) REVISIONS IN THE PROJECT PLANS OR PROPOSALS 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 EFFECTS ON THE ENVIRONMENT.; (3) A PROPOSED MITIGATED NEGATIVE DECLARATION HAS BEEN COMPLETED IN COMPLIANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT.; (4} THE PROPOSED REZONE CONFORMS TO THE POLICIES, INCLUDING THE TEXT AND MAP, OF THE BUTTE COUNTY GENERAL PLAN, BECAUSE OF ITS EXISTING COMMERCIAL NATURE. ; (5) THE REZONE TO C-2 IS NECESSARY TO FULLY IMPLEMENT THE GENERAL PLAN DESIGNATION AND COMPETES WITH GOVERNMENT CODE REQUIREMENTS OF COMPATIBILITY CONSISTENCY BETWEEN GENERAL PLAN DESIGNATIONS AND ZONING DISTRICTS . ; AND RECOMMEND { 1 } ADOPT A NEGATIVE DECLARATION WITH MITIGATION MEASURES AND ADOPT ORDINANCE 2952 REZONING TO C-2 THAT PROPERTY IDENTIFIED AS AP 069-520-047 AND 048 (SIMPSON/DUPLISEA).; (2) ADOPT RESOLUTION 91- 109 APPROVING A CONDITIONAL REZONE AGREEMENT (SIMPSON/DUPLISEA). SAID CONDITIONAL REZONE AGREEMENT WILL BE SUBJECT TO THE FOLLOWING MITIGATION MEASURES AND CONDITIONS: (A) THE C-2 ZONING CLASSIFICATION IS RESTRICTED TO THE C-1 USES EXCEPT FOR THE FOLLOWING USES: ART SHOPS, AVIARIES, BARS/COCKTAIL LOUNGES, USED CAR LOTS, AND PET SHOPS. SUCH RESTRTCTTONS ARE PROPOSED TO REDUCE THE EXPOSURE OF PEOPLE TO SEISMIC RISKS THAT ARE ASSOCIATED WITH THE CLEVELAND HILLS FAULT ZONE UNDERLYING THE PROJECT SITE,; (B) PRIOR TO ANY NEW COMMERCIAL DEVELOPMENT ON AP 069-520-048, A TRAFFIC STUDY SHALL BE REQUIRED AND COORDINATED WITH THE CALIFORNIA DEPARTMENT OF TRANSPORTATION.; (C} PAY TRAFFIC IMPACT FEES, IF APPLICABLE.; AND (D) APPLICANT MUST ALSO COMPLY WITH ALL OTHER APPLICABLE STATE AND LOCAL STATUTES, ORDINANCES, AND REGULATIONS. M S MOTION: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) Page 283 September 17, 1991 September 17, 1991 Air Pollution Control District 91-409 Recess at 10:15 a.m. as Board of Supervisors and convene as the Air Pollution Control District Board of Directors. 1. Appointment of Air Pollution Control Officer - action requested - MAKE APPOINTMENT, MOTION: MOVE TO APPOINT GTNA FACCA AS AIR POLLUTION CONTROL OFFICER, M S VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) 2. Approval of minutes - action requested - APPROVE MINUTES OF JUNE 4, 1991. MOTION: MOVE TO APPROVE MINUTES OF JUNE 4, 1991. M S VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) 3. Consideration of an agreement with Butte Environmental Council for a public symposium on clean air - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. MOTION: MOVE TO APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL, AUDITOR-CONTROLLER, AND ADMINISTRATION. M S VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) (THE PUBLIC HEARING CONCERNING THE NEGATIVE DECLARATION FOR THE BUTTE COUNTY AIR QUALITY ATTAINMENT PLAN PUBLISHED FOR THIS MEETING WILL BE REPUBLISHED FOR THE MEETING OF OCTOBER 15, 1991) (2242) Adjourn at 1.0:38 a.m. as the Air Pollution Control District Board of Directors and convene as the Board of Supervisors. Page 284 September 17, 1991 September 17, 1.993. Public Hearin s and Timed Items (SUPERVISOR McLAUGHLIN NOT PRESENT) 91-410 Public hearing - Site Constructors, Inc. on behalf of Howard S. Horn - consideration of an appeal of the Planning Commission's denial of an use permit to allow the expansion of a pre-existing non-conforming use (proposed negative declaration with mitigation measures regarding environmental impacts) to allow the prefabrication and storage of hydro-electric equipment on property zoned A-20 (agricultural 20 acre parcels), property located at the northeast corner of Oro-Chico Highway and Midway, identified as AP 040-060--067, south of Chico. (2280) MOTION: MOVE TO ACCEPT THE RECOMMENDATIONS OF STAFF MEMORANDUM DATED MAY 20, 1991; 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) PROVISIONS IN THE PROJECT PLANS OR PROPOSALS 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.; (B) THERE IS NO SUBSTANTIAL EVIDENCE BEFORE THE COUNTY THAT THE PROJECT AS REVISEll MAY HAVE A SIGNIFICANT EFFECT ON THE ENVIRONMENT.; (3) THE PROPOSED NEGATIVE DECLARATION WITH MITIGATION MEASURES HAS BEEN COMPLETED IN COMPLIANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT.; (4) THE PROPOSED USE OF THE PROPERTY WILL NOT IMPAIR THE INTEGRITY NOR CHARACTER OF THE ZONE IN WHICH THE LAND LIES AND THAT THE USE WOULD NOT BE UNREASONABLY INCOMPATIBLE WITH OR INJURIOUS TO SURROUNDING PROPERTY OR DETRIMENTAL TO THE HEALTH, SAFETY, AND GENERAL WELFARE OF THE PERSONS RESIDING OR WORKING TN THE NEIGHBORHOOD OR THE GENERAL HEALTH, WELFARE AND SAFETY OF THE COUNTY.; (5) MAKE A FINDING OF CONSISTENCY WITH THE BUTTE COUNTY GENERAL PLAN, SPECIFICALLY THE GREENLINE POLICY.; AND (B) MOVE TO ADOPT A NEGATIVE DECLARATION WITH MITIGATION MEASURES AND GRANT A USE PERMIT TO ALLOW THE EXPANSION OF A PRE-EXISTING NONCONFORMING USE TO ALLOW THE PRE--FABRICATION AND STORAGE OF HYDRO-ELECTRIC EQUIPMENT ON Page 285 September 17, 1991 Se tember 17 1991 91-410 AP 040-060--067 (HOWARD S. HORN} SUBJECT TO THE FOLLOWING CONDITIONS: (1) PROVIDE CONTINUOUS LANDSCAPING ALONG BOTH ORO CHICO HIGHWAY AND MIDWAY IN ACCORDANCE WITH THE PLAN SUBMITTED TO THE BUTTE COUNTY PLANNING DEPARTMENT BY McGOWAN LANDSCAPING. ; (2} MEET THE REQUIREMENTS OF THE BUTTE COUNTY FIRE DEPARTMENT TO MITIGATE IMPACTS TO FIRE PROTECTION SERVICES BY EITHER PROVIDING INTERIOR FIRE SPRINKLER SYSTEMS IN ALL NEW STRUCTURES OR PAYING $2fl0 TO THE BATTALION 4 WATER TENDER FUND.; (3) DEED 30 FEET OF RIGHT-OF-WAY, MEASURED FROM THE CENTERLINE OF ORO CHTCO HIGHWAY TO BUTTE COUNTY; (4) OBTAIN APPROVAL FROM THE BUTTE COUNTY DEPARTMENT OF PUBLIC WORKS FOR ONE DRIVEWAY LOCATION, INCLUDING ALL NECESSARY ENCROACHMENT PERMITS, PRIOR TO ISSUANCE OF ANY BUILDING PERMITS.; (5} SHOULD ANY ARCHAEOLOGICAL ARTIFACTS BE DISCOVERED, ALL CONSTRUCTION SHALL CREASE UNTIL A QUALIFIED ARCHAEOLOGIST HAS INSPECTED THE SITE AND HAS GIVEN CLEARANCE TO CONTINUE . ; ( 6 ) ALL PARTS AND EQUIPMENT SHALL BE STORED WITHIN A BUILDING OR STRUCTURE.; (7) THE APPLICANT SHALL COMPLY WITH THE BUTTE COUNTY CODE SECTION 24-35 FOR PARKING AS REQUIRED.; (8} CONTACT PG&E UNDERGROUND SERVICE ALERT AT LEAST 48 HOURS PRIOR TO ANY CONSTRUCTION.; AND (9) APPLICANT MUST ALSO COMPLY WITH ALL OTHER APPLICABLE STATE AND LOCAL STATUTES, ORDINANCES AND REGULATIONS. M S VOTE: 1 N 2 N 3 Y 4 NP 5 Y (Motion Failed) (N0 ACTION TAKEN) (SUPERVISOR FULTON NOT PRESENT} 91-413. Public hearing -- County Service Area service charges pursuant to Government Code Section 25210.77a - action requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (3083) (**00} (SUPERVISORS FULTON AND MCLAUGHLIN PRESENT} MOTION: MOVE TO CLOSE THE HEARING ON ALL COUNTY SERVICE AREA CHARGES EXCEPT COUNTY SERVICE AREA N0. 87 ; ADOPT RESOLUTION 91-110 AND AUTHORIZE THE CHAIR TO SIGN; AND CONTINUE THE HEARING ON SERVICE CHARGES FOR COUNTY SERVICE AREA NO. 87 TO THE BOARD MEETING OF OCTOBER 1, 1991 AT 10:00 A,M. M S VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) Page 286 September 17, 1991 September 17, 1991 91-412 Public hearing - consideration of an ordinance amending Chapter 3, Article 1, Section 3-1 - Sheriff's fees - increasing to $10 the fee for an identification card with photograph and to $11 a found property ad - action requested - ADOPT ORDINANCE AND AUTHORIZE THE CHAIR TO SIGN. {248) MOTION: MOVE TO ADOPT ORDINANCE 2953 AND AUTHORIZE THE CHAIR TO SIGN. S M VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) 91-413 Public hearing - final fiscal year 1991/92 budget - action requested - CONTINUE HEARING TO SEPTEMBER 24, 1991. (277) (HEARING OPENED AND CONTINUED OPEN TO OCTOBER 1., 1991 AT 10:00 A.M.) 91-414 CLOSED SESSION: The Board recessed at 11:42 a.m. for a closed session for the purpose of actual litigation pursuant to Government Code Section 54956.9 (a) (Organ v. Dolan and County of Butte v. Vandegrift), meet and confer, and noon recess. (1190) RECONVENE: The Board reconvened at 1:35 p.m. following a closed session for the purpose of actual litigation pursuant to Government Code Section 54956.9(a) (Organ v. Dolan and County of Butte v. Vandegrift), meet and confer, and noon recess. (NO ANNOUNCEMENTS) Re lar A ends 91-415 Establishment of General Assistance grant rates for the annual cost-of-living (COLA) as mandated by the Consent Decree in Organ v. Dolan. Change to be effective September 1, 1991 - action requested - ADOPT THE PROPOSED GRANT CHANGES. (1233) MOTION: MOVE TO ADOPT THE PROPOSED GRANT CHANGES. S M VOTE: 1 Y 2 Y 3 Y 4 N 5 N (Motion Carried) 91-416 Report and recommendations relative to the code enforcement program procedures and policies - action requested - ACTION AS DEEMED APPROPRIATE. (1274) (NO ACTION TAKEN) Page 287 September 17, 1991 September17~ 1991 91-417 Introduction of an ordinance amending the grading ordinance to clarify existing exemptions; to repeal the agricultural exemption; and establish new procedure for determination of exemptions - actian requested - WAIVE READING OF THE ORDINANCE. (1443) MOTION: MOVE TO WAIVE READING OF THE ORDINANCE. S M VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) 91-418 Consideration of amendment of Chapter 13 of the Butte County Code (grading and mining} to include changes to the Surface Mining and Reclamation Act (SMARA). (2023) MOTION: MOVE THAT THE BOARD ESTABLISH A COMMITTEE OF SUPERVISORS FULTON AND HOUX TO MEET WITH THE PLANNING DEPARTMENT AND OTHER INTERESTED PARTIES, TO INCLUDE THE SURFACE MINING COMMITTEE, TO DISCUSS THE CHANGES TO THE SURFACE MINING-AND RECLAMATION ACT (SMARA). S M VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) 91-419 Cost recovery analysis - three firms responded to the RFP to conduct a comprehensive cost recovery analysis for establishing a basis for numerous County fees - action requested - AUTHORIZE THE CHIEF ADMINISTRATIVE OFFICER TO NEGOTIATE AND SIGN CONTRACT. (2670) MOTION: MOVE TO AUTHORIZE THE CHIEF ADMINISTRATIVE OFFICER AND AUDITOR-CONTROLLER TO NEGOTIATE AND SIGN A CONTRACT, NOT TO EXCEED $83,000 AND SUBJECT TO APPROVAL BY COUNTY COUNSEL, WITH DAVID M. GRIFFITHS AND ASSOCIATES, LTD., TO CONDUCT A COMPREHENSIVE COST RECOVERY SYSTEM. S M VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) 91--420 Update by Chief Administrative Officer on Sacramento/legislative activities. (2820) (REPORT BY WILLIAM H. RANDOLPH, CHIEF ADMINISTRATIVE OFFICER) Communications 91-421 Communications received and referred. (COPIES OF ALL COMMUNICATIONS ARE AVAILABLE IN THE CLERK OF THE BOARD OFFICE.} a. Gregory R. Cox, Deputy Director, State Office of Planning and Research - writes concerning the $205 million shortfall that existed in the full State commitment for trial court funding - actian requested - REFER TO CHIEF ADMINISTRATIVE OFFICER. Page 288 September 17, 1991 Set~tember 17 , 1991 91-421 b. Paul F. McKillop, Superintendent/ Principal, Pioneer Union School District, Berry Creek -gives fourteen days notice of a proposal to implement developer fees, A public hearing will be held on September 18, 1991 at 7:00 p.m. in the staff lounge of Berry Creek Elementary School, 286 Rockerfeller Road, Berry Creek - action requested - INFORMATION ONLY. c. Leslie Lyon, President, Butte County Veterans Council - advises the Board of the appointment of delegates Michael Negus and John Yeafoli to a committee formed by Supervisor McLaughlin to study the feasibility of the responsibility for the Durham Memorial Hall being turned over to the Durham Parks & Recreation District - action requested - INFORMATION ONLY. d. Chester L. Ward, M. D. , Director and Health Officer - notifies the Board of the resignation of Denise Cangiano from the Butte County Task Force on AIDS - action requested - ACCEPT RESIGNATION AND AUTHORIZE LETTER OF APPRECIATION. e. Gary Short, Chairman, Airport Commission, City of Chico - requests the Board of Supervisors consider amending the Butte County Code to require property owners to provide the City with an avigation easement in connection with the issuance of County building permits - action requested - REFER TO PLANNING DIRECTOR FOR REPORT AND RECOMMENDATION. f. Mike Thompson, Senator, Fourth District - advises the Board that the Department of Commerce has recently announced the second and final round of designations of enterprise zones under AB 251 (Nolan) - action requested - REFER TO CHIEF ADMINISTRATIVE OFFICER. g. Fred Davis, City Manager/Executive Director, City of Chico - forwards to the Board resolution no. RDA 9-91 of the City of Chico regarding proposed amendments to the redevelopment plans for the proposed Chico Merged Redevelopment Project Area, redevelopment plan amendments, and negative declaration requiring the chief administrative officer as interim chairperson to convene fiscal review committee - action requested - REFER TO CHIEF ADMINISTRATIVE OFFICER. Page 289 September 17, 1991 September 17, 1991 91-422 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.} (2888} ~.. Marjorie Williams, Chico - owner of a parcel of land on Sweetbrier Drive, off of Keefer Road, Chaco - building permit not moving forward because of Public Works standards for urban improvements. 91-423 Supervisor McLaughlin requested that the Board follow up on the letter written by the chief administrative officer to Pete Bonadelli, Director, State Department of Fish and Game, regarding the State's inability to pay fees to counties in lieu of property taxes on designated wildlife areas yet they are continuing to acquire more and more property in the County. Supervisor McLaughin further requested that Mr. Bonadelli be invited to appear before the Board at a future meeting to find out how much worse this problem is going to get before it is addressed at the State level. ADJOURNMENT: There being nothing further before the Board at this time, the meeting was adjourned at 2:22 p.m. to reconvene on Tuesday, September 24, 1991 at 9:00 a.m. JANE DO WILLIAM H. RAND ~PH, Chi'f Admini trative Officer and Clerk of he Board o e isors By: ~ Page 290 September 17, 1991