HomeMy WebLinkAboutM091890September 18, 1990
Call to order - Board of Supervisors room, County
Administration Building, 25 County Center Drive,
Oroville. Supervisors Fulton, Mclnturf and Vice Chair
Dolan present. Supervisor Vercruse and Chairman
McLaughlin nat 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.
90-392 Consent Actenda
~.. Approval of minutes - action requested - APPROVE
MINUTES OF AUGUST 21, 1990, CONTINUED MEETING
AUGUST 24, 1990, SPECIAL MEETING AUGUST 24, 1990,
AUGUST 28, 1990 AND SPECIAL MEETING AUGUST 31, 1990.
2. Appointment to Butte County Waste Management Task
Farce -- action requested - APPOINT MARVIN GOLD,
FROFESSOR OF CHEMISTRY AT CHTCO STATE UNIVERSITY TO
REPLACE MARSHALL GOLDBERG.
3. Appointment to Assessment Appeals Board - action
requested - REAPPOINT DOUG DREBERT, ACCOUNTANT, TO
THE ASSESSMENT APPEALS BOARD TO SERVE UNTIL
SEPTEMBER 6, 1993.
4. Kirk Allen - files a claim in the amount of $25,000
for alleged violation of civil rights on or about
March 20, 1990 - action requested - REJECT CLAIM AND
REFER TO COUNTY COUNSEL AND RISK MANAGEMENT.
5. Donald White -~ files a claim in an unspecified
amount for alleged injuries and violation of civil
rights on or about June 24, 1990 - action
requested - REJECT CLAIM AND REFER TO COUNTY COUNSEL
AND RISK MANAGEMENT.
Page 279
September 18, 1990
90-392 September 18, 1990
6. Gloria Darlene Kelley - files a claim in an
unspecified amount for alleged denial of medication
for her husband which resulted in his death on
or about April 18, 1990 while he was incarcerated
at the Butte County Jail - action requested - REJECT
CLAIM AND REFER TO COUNTY COUNSEL AND RISK
MANAGEMENT.
7. Sheriff-Coroner - Board authorization is requested
to remove from fixed assets accountability four
portable radios (County asset nos. 17464, 17465,
17601, 17605) that are not repairable, but the parts
of which can be utilized to repair other radios -
action requested - AUTHORIZE RELIEF FROM
ACCOUNTABILITY.
8. Demolition and abatement of asbestos - plans and
specifications have been prepared covering
demolition and abatement of asbestos from the
building crawlspace at 18 County Center Drive -
action requested -APPROVE PLANS AND SPECIFICATIONS,
AND AUTHORIZE A CALL FOR BIDS SETTING THE BID
OPENING FOR NOVEMBER 2, 1990 AT 2:00 P.M. IN THE
PURCHASING DEPARTMENT.
9. Surplus property disposal - the Purchasing
Department is preparing for an auction of property
declared surplus to the needs of the County or of
no value to be held on October 6 - action
requested - DECLARE THE ITEMS ON THE ATTACHED LIST
AS SURPLUS AND AUTHORIZE THE GENERAL SERVICES
ADMINISTRATOR TO ENTER INTO A CONTRACT WITH TIP
HOLLOWAY AND ASSOCIATES, AUCTIONEERS TO CONDUCT
SALE.
10. Public Works 2-ton vibratory roller - the Purchasing
Department has evaluated bids for a 2-ton vibratory
roller and the lowest bid to meet specifications is
Nixon-Egli Equipment Company of Hayward in the
amount of $15,665 plus tax - action requested -
AWARD BID NO. 8-91 TO NIXON-EGLI EQUIPMENT COMPANY.
11. Public Works 4-5 yard dump truck - the Purchasing
Department has evaluated bids far a 4-5 yard dump
truck and the lowest bid to meet specifications is
F.B. Hart Company of Sacramento in the amount of
$39,675 plus tax - action requested - AWARD BID NO.
4-91 TO F. B. HART.
Page 280
September 18, 1990
90-392 September .1.8_,__1990
12. Jail construction funds - a formal project proposal
has been prepared for submission to the State Board
of Corrections requesting that its allocation of
$1,900,266 in Proposition 86 funds be reserved. A
resolution has been prepared approving the project
proposal and designating the General Services
Administrator to act as liaison with the State -
action requested - ADOPT RESOLUTION 90-135 APPROVING
THE FORMAL PROJECT PROPOSAL AND AUTHORIZE THE
CHAIRMAN TO SIGN.
13. Investment Policy - the Treasurer/Tax Collector
submits a monthly investment report effective
August 31, 1990 pursuant to AB 1073 - action
requested - ACCEPT INVESTMENT POLICY.
14, Program supplement no. 53 - Public Works -a
resolution has been prepared authorizing execution
of program supplement no, 53 to local agency _ state
agreement No. 03-5912 for federal aid projects as
follows: $35,000, federal funds - $28,000, state
matching funds -$7,000, Lone Tree Road Bridge at
Wyman Ravine, HBRR Project No. BROS-0007 (021) -
action requested - ADOPT RESOLUTION 90-136 AND
AUTHORIZE CHAIRMAN TO SIGN.
15. Program supplement no. 55 - Public Works - a
resolution has been prepared authorizing execution
of program supplement no. 55 to local agency - state
agreement no. 03-5912 for federal aid projects as
follows: $33,000, federal funds - $26,00, state
matching funds $&,000, Midway Bridge at North Fork
Hamlin Slough, HBRR Project No. BRRS-Y761(006) -
action requested - ADOPT RESOLUTION 90-137 AND
AUTHORIZE CHAIRMAN TO SIGN.
16. Notice of completion - construction of payment
overlay of Cohasset Road and Oakvale Avenue, county
project No. AC-90-1 - action requested - ACCEPT
PROJECT, AUTHORIZE THE CHAIRMAN TO SIGN THE NOTICE
OF COMPLETION; AND AUTHORIZE THE FILING OF THE
NOTICE OF COMPLETION.
17. Salary ordinance amendment - Farm Advisor -
proposed is an ordinance flexibly staffing a
secretary T position to secretary I/principal clerk
due to the difficulty in recruiting candidates who
possess shorthand skills - action requested - WAIVE
THE SECOND READING AND ADOPT ORDINANCE 28b0.
Page 281
September 18, 1990
90-392 September 18, 1990
18. Salary ordinance amendment - proposed is a salary
ordinance amendment implementing an across-the-board
five percent salary increase for employee's within
the Law Enforcement General and Management Units
per labor negotiation agreements effective
October 6, 1990 - action requested - WAIVE THE FIRST
READING OF THE ORDINANCE.
19. Salary ordinance amendment - County Counsel -
proposed is an ordinance flexibly staffing a legal
services assistant II or legal secretary II to a
legal services assistant I/II or legal secretary II
due to the difficulty in recruiting qualified
applicants at the senior level - action requested -
WAIVE THE FIRST READING OF THE ORDINANCE.
20. Resolution regulating vehicle parking at the Butte
County Administration Center - a resolution has been
prepared designating those areas far employee
parking and general public parking to allow
convenient general public access to the
Administration Building - action requested - ADOPT
RESOLUTION 90-138 AND AUTHORIZE THE CHAIRMAN TO
SIGN.
21. Law firm of Mackenroth, Seley and Anwyl - proposed
is an agreement to retain attorney services far
certain litigation/consultation for a period of one
year at the hourly rate of $100 for partner attorney
and $85 for associate attorney time - action
requested - APPROVE AGREEMENT AND AUTHORIZE THE
CHAIRMAN TO SIGN.
22. Paul K. and N. Jeannine Forberg - proposed is a
lease agreement for the Mental Health Department's
community services office for the period July 1,
1990 through June 30, 1991 in the maximum amount of
$4,026 - action requested - APPROVE LEASE AGREEMENT
AND AUTHORIZE THE CHAIRMAN TO SIGN.
23. Paul K. and N. Jeannine Forberg - proposed is a
lease agreement for the Mental Health Department's
administrative office for the period July 1, 1990
through June 30, 1991 in the maximum amount of
$22,110 - action requested - APPROVE LEASE AGREEMENT
AND AUTHORIZE THE CHAIRMAN TO SIGN.
24. Paul K. and N. Jeannine Forberg - proposed is a
lease agreement for Alcohol and Drug Services
office space for the period July ]., 1990 through
June 30, 1991 in the maximum amount of $16,08Q -
action requested - APPROVE LEASE AGREEMENT AND
AUTHORIZE THE CHAIRMAN TO SIGN.
Page 282
September 18, 1990
90-392 September 18, 1990
25. Butte County Office of Education - proposed is an
agreement for continuation of school based
prevention and coordination services for youth at
risk of drug or alcohol abuse for the period
July 1, 1990 through June 30, 1991 in the maximum
amount of $45,747 - action requested - APPROVE
AGREEMENT AND AUTHORIZE THE CHAIRMAN TO SIGN.
26. Butte Community College - an agreement has been
prepared for the provision of GAIN assessment
services for the period July 1, 1990 through
June 30, 1991 in the maximum amount of $27,000 -
action requested - APPROVE AGREEMENT AND AUTHORIZE
THE CHAIRMAN TO SIGN.
27. Women's alcohol prevention services agreement - a
contract renewal has been prepared with the North
Valley Indian Health Agency for Native American
Women's Outreach in the amount of $&8,049 - action
requested - APPROVE AGREEMENT AND AUTHORIZE THE
CHAIRMAN TO SIGN, SUBJECT TO APPROVAL BY COUNTY
COUNSEL AND AUDITOR.
28. Tehama Alcohol Recovery Center (Right Road) renewal
contract - a renewal contract has been prepared in
the amount of $150,382 to provide alcohol
residential detox and recovery services with
expansion to include drug detox and recovery
services as of July 1, 1990 for fiscal year
1990/91 - action requested - APPROVE CONTRACT AND
AUTHORIZE THE CHAIRMAN TO SIGN SUBJECT TO APPROVAL
BY THE AUDITOR.
29. "R" House Adolescent Residential agreement -
proposed is an amendment to a contract jointly
funded with state/federal funds by the Mental Health
Department and Alcohol and Drug Services to increase
contract by $1,170 for additional operating expenses
for the provision of planning, program development
and implementation of residential treatment and
crisis residential services for adolescents - action
requested -APPROVE CONTRACT AMENDMENT AND AUTHORIZE
THE CHAIRMAN TO SIGN.
30. Step advancement - air quality engineer I - Board
authorization is requested for advancement from step
2 to step 3 of the salary range - action requested -
AUTHORIZE ADVANCEMENT TO STEP 3.
31. Advanced step hiring - Welfare Department - Board
authorization is requested for advanced step hiring
of a social worker TTT at salary range 40, step 3
of the salary range - action requested - AUTHORIZE
ADVANCED STEP HIRING.
Page 283 September 18, 1990
90-392
September 18, 1990
32. Chapmantown cleanup - Board authorization is
requested to use HCD program income funds in support
of the yearly Chapmantown cleanup effort. Funds are
available and no further appropriation is required -
action requested - AUTHORIZE USE OF HCD PROGRAM
INCOME TO COVER COSTS OF ANNUAL CHAPMANTOWN CLEANUP
ON SEPTEMBER 12-15, 1990.
33. 1989-90 Final Report of the Butte County Grand
,Tory - draft comments have been prepared as
requested by the Board - action requested - APPROVE
COMMENTS AND DIRECT THAT THEY BE SUBMITTED TO THE
PRESIDING JUDGE OF THE SUPERIOR COURT TN ACCORDANCE
WITH PROVISIONS OF THE PENAL CODE.
34. Welfare - the Department of Social Welfare requests
approval of a cost of living adjustment for foster
care rates as set by the State Department of Social
Services - action requested - APPROVE FOSTER CARE
COLA.
MOTION: MOVE TO APPROVE THE CONSENT AGENDA WITH ITEM
3.15 TO REFLECT ACTION REQUESTED.
S M
VOTE: 1 Y 2 Y 3 NP 4 NP 5 Y (Unanimously Carried)
Rectular Acrenda
90-393 Items removed from the Consent Agenda far Board
consideration and action. (NONE)
90-394 Appointments - commissions and committees.
a. Appointments to committee vacancies. (NONE}
90-395 Closed 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 AP#s, south of Paradise. (57)
Page 284
September 18, 1990
September 18, 1990
MOTION: MOVE AS FOLLOWS: (A} NOTE THAT THE
REQUIREMENTS OF THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT HAVE BEEN COMPLETED AND CONSIDERED
TN MAKING THIS DECISION AND ADOPT A NEGATIVE
DECLARATION; (B) FIND THAT THE PROPOSED REZONE
CONFORMS TO THE POLICIES, INCLUDING THE TEXT
AND MAP OF THE BUTTE COUNTY GENERAL PLAN,
BECAUSE IT IS CONSISTENT WITH THE CHARACTER OF
THE AREA, ELIMINATES THE UNCLASSIFIED ZONING
CLASSIFICATION, AND TS BENEFICIAL TO THE
PROTECTION OF THE PROPERTY OWNERS RIGHTS AND
LAND VALUES; AND (C) ADOPT ORDINANCE 2861
REZONING THE SOUTH PARADISE AREA FROM
UNCLASSIFIED INTO THE FOLLAWING ZONING
CLASSIFICATIONS: FR-5, FR-10, FR-20, FR-40 AND
FR-160. MORE SPECIFICALLY REZONE TO FR~-5 THOSE
AREAS DESCRIBED AS FOLLOWS: THE SW 1/4 OF THE
SE 1/4 OF SECTION 29 T22N R3E, AND THE W 1/2
OF THE W 1/2 OF SECTION 35 T22N R3E EXCEPTING
THEREFROM THE WESTERLY 388.3 FT. OF THE SW 1/4
OF THE SW 1/4 OF SECTION 35 T22N, R3E, AND
INCLUDING THAT PORTION OF THE W 1/2 OF THE E
1/2 OF THE W 1/2 OF SECTION 35 T22N R3E WHICH
LIES TO THE WEST OF THE CENTERLINE OF CLARK
ROAD AND THAT PORTION OF THE W 1/2 OF THE SE
1/4 OF THE SW 1/4 OF SECTION 35 T22N R3E WHICH
LIES EAST OF THE CENTERLINE OF CLARK ROAD AND
THE NE 1/4 OF SECTION 34 T22N R3E. REZONE TO
FR-10 THOSE AREAS DESCRIBED AS FOLLOWS: THE
N 1/2 OF SECTION 33 T22N, R3E, THE N 1/2 OF THE
NW 1/4 AND THE SE 1/4 OF THE NW 1/4 OF SECTION
34, T22N R3E, AND THE E 1/2 OF THE SW 1/4 OF
SECTION 32 T22N R3E MDB&M. REZONE TO FR-20
THOSE AREAS DESCRIBED AS FOLLOWS: THE S 1/2
OF SECTION 34 T22N R3E AND THE SE 1/4 OF
SECTION 33 T22N R3E AND THE E 1/2 OF THE SW 1/4
OF SECTION 33 T22N, R3E, MDB&M AND THAT PORTION
OF THE S 1/2 OF SECTION 30 T22N R3E WHICH LIES
ON THE SE SIDE OF THE CENTERLINE OF THE
EASTBOUND LANES OF THE SKYWAY. REZONE TO FR-
40 THOSE AREAS DESCRIBED AS FOLLOWS: ALL OF
SECTIONS 1, 2 AND 3, T21N R3E EXCEPTING
THEREFROM THE WESTERLY 388.3 FT. OF THE NW 1/4
OF SECTION 2, T21N, R3E, AND INCLUDING ALL OF
SECTION 36, T22N, R3E AND ALL OF SECTION 35,
T22N, R3E, WHICH LIES ON THE EAST SIDE OF CLARK
ROAD (STATE HIGHWAY 191) EXCEPTING THEREFROM
THAT PORTION LOCATED WITHIN THE W 1/2 OF THE
SE 1/4 OF THE SW 1/4 AND INCLUDING THAT PORTION
OF THE W 1/2 OF SECTION 29, T22N, R3E WHICH
LIES ON THE SE SIDE OF THE CENTERLINE OF THE
EASTBOUND LANES OF THE SKYWAY AND THE W 1/2 OF
SECTION 32, T22N, R3E EXCEPTING THEREFROM THE
Page 285
September 18, 1990
September 18, 1990
EASTERLY 305 FT. OF THE NE 1/4 OF THE NW 1/4
OF SECTION 32, T22N, R3E AND ALSO EXCEPTING
THEREFROM THE E 1/2 OF THE SW 1/4 OF THE SAME
SECTION 32, MDB&M. REZONE TO FR-160 THOSE
AREAS DESCRIBED AS FOLLOWS: THAT PORTION OF
SECTION 6, T21N, R3E WHICH LIES TO THE SOUTH
AND EAST OF THE CENTERLINE OF NEAL ROAD AND
INCLUDING THE WESTERLY 1354.34 FT. OF THE NW
1/4 OF SECTION 5, T21N, R3E EXCEPTING THEREFROM
THAT PORTION LOCATED TO THE NORTH OF THE
CENTERLINE OF NEAL ROAD AND INCLUDING THE S 1/2
OF SECTION 5, T21N, R3E EXCEPTING THEREFROM THE
NORTHERLY 488.3 FT.
S M
VOTE: 1 Y 2 Y 3 NP 4 NP 5 Y (Unanimously Carried)
90-396 Consideration of request by Durham Recreation and Park
District for a waiver of use permit fees for the
construction of a new office building. (CHAIRMAN
McLAUGHLTN) (HOLD UNTIL LATER IN MEETING)
(SUPERVSSOR VERCRUSE PRESENT)
90-397 Communications received and referred. (COPIES OF ALL
COMMUNICATIONS ARE AVAILABLE ZN THE CLERK OF THE BOARD
OFFICE.)
a. Dana Wills, Chico - writes regarding Pleasant Valley
Assembly of God Church school classes - action
requested - REFER TO PLANNING DIRECTOR FOR REPORT
AND RECOMMENDATION. (REFERRED TO CHIEF
ADMINISTRATIVE OFFICER)
RECESS: 9:14 A.M.
RECONVENE: 9:38 A.M. (CHAIRMAN McLAUGHLIN PRESENT)
90-398
Re ulcer A enda
Consideration of request by Durham Recreation and Park
District for a waiver of use permit fees for the
construction of a new office building. {201)
Page 286
September 18, 1990
~,.,.,
September 18, 1990
MOTION: MOVE TO FIND THAT THE PREFERRED ALTERNATIVE ON
THE D2N PLAN THAT THE BOARD SENT FORWARD TO
THE PLANNING COMMISSION PROVIDES FOR THIS TO
BE IN A P-Q ZONE, AND THAT IN AS MUCH AS THE
USE THAT IS BEING REQUESTED BY THE DURHAM
RECREATION AND PARK DISTRICT WOULD CONFORM TO
THAT P-Q ZONE IT WOULD, THEREFORE, IN THIS
INSTANCE NOT REQUIRE A USE PERMIT.
M S
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
90-399 Update by the Chief Administrative Officer an
Sacramento/legislative activities. (332)
MOTION: MOVE TO RATIFY THE OFFER CONTAINED IN THE
SEPTEMBER 13TH LETTER TO REDUCE $4.05 MILLION
FROM THE COUNTY'S PROJECTED BUDGET DEFICIT FOR
THE 1990/91 FISCAL YEAR, AND TO ACCEPT THE SUM
OF $11.1 MILLION IN FUNDS, WAIVERS AND
DEFERRALS FROM THE STATE OF CALIFORNIA AS
OUTLINED IN THE SEPTEMBER 14, 1990 LETTER FROM
MR. HUSTON CARLYLE, JR., LEGAL AFFAIRS
SECRETARY FOR GOVERNOR DEUKMEJTAN. I WOULD
MOVE ALSO NOT TO FILE A PETITION IN CHAPTER 9
OF THE BANKRUPTCY LAWS DURING THE 1990/91
FISCAL YEAR IF ALL PREVIOUS DOLLARS HOLD IN
EXCHANGE FOR $11.1 MILLION TN FUNDS, WAIVERS
AND DEFERRALS FROM THE ADMINISTRATION, AS
OUTLINED TN THE SEPTEMBER 14, 1990 LETTER FROM
MR. HUSTON CARLYLE, JR., LEGAL AFFAIRS
SECRETARY FOR GOVERNOR DEUKMEJIAN.
S M
VOTE: 1 Y 2 Y 3 N 4 N 5 Y (Motion Carried)
Public Hearinas and Timed Items
(NEIL McCABE, CHIEF DEPUTY COUNTY COUNSEL PRESENT)
90-400 Public hearing - Wiggo Wake - consideration of a rezone
(proposed negative declaration with mitigation measures
regarding environmental impacts) from U {unclassified)
and S-H {scenic-highway) to FR-5 (foothill recreation -
five acre parcels), property located on the east side of
Pentz Road from Lime Saddle Road to approximately 3,000
feet north of Lime Saddle Road, identified as AP 041-470-
056, south of Paradise. (2310)
Page 287
September 18, 1990
September 18, 1990_
MOTION: MOVE TO ACCEPT THE RECOMMENDATIONS OF STAFF
MEMORANDUM DATED JULY 11, 1990; AND FIND THAT
(1) AN INITIAL STUDY HAS BEEN COMPLETED IN
COMPLIANCE WITH CEQA., (2) SAID STUDY AND
COMMENTS RECEIVED THEREON IDENTIFIED
POTENTIALLY SIGNIFICANT ENVIRONMENTAL EFFECTS
THE PROJECT MAY HAVE HAD, BUT (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 A SIGNIFICANT
EFFECT ON THE ENVIRONMENT., AND (3) THE
PROPOSED FR-5 ZONING IS CONSISTENT WITH THE
BUTTE COUNTY GENERAL PLAN, INCLUDING THE TEXT
AND MAP, BECAUSE IT IS CONTINGENT ON APPROVAL
OF A TENTATIVE MAP THAT MEETS THE REQUIREMENTS
OF FISH AND GAME AS STATED IN THE LETTER OF
JANUARY 30, 1990. ADOPT A NEGATIVE DECLARATION
WITH MITIGATION MEASURES AND ADOPT ORDINANCE
2862 REZONING TO FR-5 THAT PROPERTY IDENTIFIED
AS AP 041-470-066 (WIGGO WAKE); AND ADOPT
RESOLUTION 90-139 APPROVING A CONDITIONAL
ZONING AGREEMENT FOR AP 041-470-066 (WIGGO
WAKE) SUBJECT TO THE FOLLOWING CONDITION: (1)
COMPLY WITH THE REQUIREMENTS OF FISH AND GAME
LETTER OF JANUARY 30, 1990.
S M
VOTE: ~. Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
RECESS: 10:45 A.M.
RECONVENE: 11:17 A.M.
90-401 Continued hearing - Langerwerf Dairy, Inc. - appeal of
the Planning Commission's requirement far an
environmental impact report on a petition for immediate
cancellation of a Land Conservation Act Agreement on
property zoned A-5 (agricultural - five acre parcels),
property located on the north side of Durham-Dayton
Highway, approximately 2800 feet east of Esquon Raad,
identified as AP 040-140-002 and 071, east of Durham.
(2414) (~*00)
Page 288
September 18, 1990
~... ,
September 18, 1990
MOTION: GIVEN THE LEVEL AND LENGTH OF DISCUSSION ON THE
DURHAM PLAN THAT CULMINATED WITH A
RECOMMENDATION AT FIVE ACRE MINIMUM FOR THIS
PROPERTY AND THAT I BELIEVE THE ISSUES
SURROUNDING THIS ARE POLICY MORE THAN THEY ARE
ENVIRONMENTAL, I WOULD MOVE TO WAIVE THE
REQUIREMENT FOR AN ENVIRONMENTAL IMPACT REPORT
FOR THIS PETITION WITHDRAWAL, AND THAT THE
MITIGATIONS OFFERED BY THE APPLICANT ARE
ADEQUATE FOR REMOVAL FROM THE LAND CONSERVATION
AGREEMENT
M S
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
90-402 Public hearing - consideration of amendments to Article
TV of Chapter 16 of the Butte County Code entitled "Park
Facility Fees in the Chico Urban Area" and the adoption
of a resolution increasing the amount of such fees and
the area within which such fees shall be assessed and
levied - action requested - ADOPT RESOLUTION AND
AUTHORIZE THE CHAIRMAN TO SIGN, (102)
MOTION: ADOPT ORDINANCE 2863 AMENDING ARTICLE IV OF
CHAPTER 16 OF THE BUTTE COUNTY CODE ENTITLED
"PARK FACILITY FEES IN THE CHICO URBAN AREA",
AND RESOLUTION 90-140 SETTING PARK FACILITY
FEES TO INCLUDE AREAS EAST OF HIGHWAY 99 AND
EXCLUDE AREAS WEST OF HIGHWAY 99.
S M
VOTE: 1 N 2 Y 3 Y 4 Y 5 Y (Motion Carried)
(CHAIRMAN McLAUGHLIN NOT PRESENT; VICE CHAIR DOLAN
PRESIDING)
90-403 Public hearing - RFC Surveyors, Inc., on behalf of Frank
Brazell - consideration of appeal of the Advisory
Agency's condition no. 2 (provide two-way traversable
access RS-3-B to each parcel from a county maintained
road ar state highway) on a tentative parcel map, AP 42-
34-58 & 59, four parcels, property located at the
northeast corner of Bell Road and Jones Avenue, Chico
area. (468) (HEARING CONTINUED CLOSED TO
SEPTEMBER 18, 1990)
90-404 Public hearing - County Service Area service charges
pursuant to Government Code Section 25210.77a - action
requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIRMAN
TO SIGN. (923)
MOTION: MOVE TO ADOPT RESOLUTION 90-141 AND AUTHORIZE
THE CHAIRMAN TO SIGN.
S M
VOTE: 1 Y 2 Y 3 Y 4 NP 5 Y (Unanimously Carried)
Page 289
September 18, 1990
September_18, 1990
(CHAIRMAN McLAUGHLTN PRESIDING)
90-405 Continued hearing - waiver of county's obligation of
matching funds and county costs of other state programs -
pending legislation provides for a waiver of a county's
obligations of matching funds for various state programs.
State of California Department of Finance may grant such
waivers upon requests by resolution following public
hearings - action requested - ADOPT RESOLUTION AND
AUTHORIZE THE CHAIRMAN TO SIGN. (980) (NO ACTION TAKEN)
AIR POLLUTION CONTROL DISTRICT
Recess at 12:05 p.m. as Board of Supervisors and convene
as the Air Pollution Control District Berard of Directors.
(1020)
90-40b Approval of minutes - action requested - APPROVE MINUTES
OF AUGUST 21, 1990.
MOTION: MOVE TO APPROVE MINUTES OF AUGUST 21, 1990.
S M
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
90-407 The California Air Toxics "Hot Spots" Information and
Assessment Act of 1987 - action requested - APPROVE THE
AIR POLLUTION CONTROL DISTRICT'S PROGRAM COSTS FOR FISCAL
YEAR 1990/91 AT $'72,652.
MOTION: MOVE TO APPROVE THE AIR POLLUTION CONTROL
DISTRICT'S PROGRAM COSTS FOR FISCAL YEAR
1990/91 AT $72,652.
M S
VOTE: 1 Y 2 Y 3 Y 4 N 5 N (Motion Carried)
90-408 Public hearing - consideration of adoption of proposed
rule amendments to the Air Pollution Control District
Rules and Regulations - action requested - ADOPT RULE
AMENDMENTS.
MOTION: MOVE TO ADOPT RULE AMENDMENTS,
S M
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
90-409 Public hearing - consideration of implementation of a
countywide Motor Vehicle Inspection Program (MVIP) by the
State of California.
MOTION: MOVE THAT BUTTE COUNTY ADOPT THE MOTOR VEHICLE
INSPECTION PROGRAM (MVIP).
M S
VOTE: l Y 2 Y 3 Y 4 N 5 N (Motion Carried)
Page 290
September 18, 1990
.~=~,
September 18, 1990
F
Adjourn at 12:24 p.m. as the Air Pollution Control
District Board of Directors and reconvene as the Board
of Supervisors.
Regular Agenda
90-410. Discussion of bankruptcy and the fiscal. situation of
other counties. (1607) (SUPERVISOR McINTURF ON THE
ABC's OF COUNTY GOVERNMENT, AN ALLIANCE OF BANKRUPT
COUNTIES)
MOTION: MOVE TO AUTHORIZE SEDITION, McINTURF STYLE.
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
90-411 Public Comment. (PRESENTATIONS WILL BE LIMITED TO FIVE
MINUTES. THE BOARD OF SUPERVISORS TS PROHIBITED BY STATE
LAW FROM TAKING ACTION ON ANY ITEM PRESENTED IF IT IS NOT
LISTED ON THE AGENDA.) (1801) (NONE)
90-412 CLOSED SESSION: The Board recessed to closed session
at 12:29 p.m. for a personnel matter.
RECONVENE: The Board reconvened at 12:35 p.m.
following a closed session far the purpose
of a personnel matter. (VICE CHAIR DOLAN
PRESIDING; NO ANNOUNCEMENTS)
Communications
90-413 Communications received and referred. (COPIES OF ALL
COMMUNICATIONS ARE AVAILABLE IN THE CLERK OF THE BOARD
OFFICE.)
a. Dana Wills, Chico - writes regarding Pleasant Valley
Assembly of God Church school classes - action
requested - REFER TO PLANNING DIRECTOR FOR REPORT
AND RECOMMENDATION. (REFER TO CHIEF ADMINISTRATIVE
OFFICER; MINUTE ORDER 90-397}
b. Feather River Recreation & Park District -- writes
regarding a resignation received from one of their
members on May 31, 1990 - action requested - REFER
TO CHIEF ADMINISTRATIVE OFFICER/CLERK OF THE BOARD.
c. Department of Corrections - writes regarding
contracting with the State of California for the
housing of State inmates - action requested - REFER
TO CHIEF ADMTNTSTRATTVE OFFICER.
Page 291
September 18, 1990
September 18, 1990
ADJOURNMENT: There being nothing further before the
Board at this time, the meeting was
adjourned at 12:36 p.m. to reconvene at
9:00 a.m. on Tuesday, September 25, 1990.
ATTEST:
~ ~c
ED McLAUGHLTN,
WILLIAM H. RANDO H, Chief Administrative Officer
and lerk of Board of Supervisors
By: -
Page 292
September 18, 1990