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HomeMy WebLinkAboutM112189~. . November 21 1989 Call to order - Board of Supervisors room, County Administration Building, 25 County Center Drive, Oroville. Supervisors Mclnturf, McLaughlin and Chairman Fulton present. Supervisors Dolan and 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. {SUPERVISOR VERCRUSE PRESENT) 89-496 Items removed from the Consent Agenda for Board consideration and action, 1. Attorney services agreement -- an agreement has been prepared retaining the firm of McDonough, Holland and Allen, attorneys at law, for legal services - APPROVE AGREEMENT AND AUTHORIZE THE CHAIRMAN TO SIGN. 2. Tn-Home Supportive Services Contract, SFB #15-90 - bids have been received and considered with the responsible low bidder being National Homecare Systems for the period January 1, 1990 through December 31, 1991. The County's match far this program is frozen at the 1987/88 funding level of $1&8,317 - action requested - AWARD CONTRACT. 3. Board December meeting schedule - action requested - CANCEL MEETING OF DECEMBER 12, 1989. 89-497 Consent Agenda 1. Approval of minutes - action requested - APPROVE MINUTES OF NOVEMBER 7, 1989. Page 324 November 21, 1989 November 21, 1989 89-497 2. Budget transfers - action requested - APPROVE BUDGET TRANSFER B-24 {SHERIFF, OPERATIONS), B-34 {HEALTH - ANIMAL CONTROL), B-35 (NORTH COUNTY MUNICIPAL COURT}, B-36 {SHERIFF - JAIL CONSENT), B-37 {CENTRAL DUPLICATING), B-38 {SHERIFF--OPERATIONS), AND B-39 (ADMINISTRATION). 3. County Service Area No. 119 - the Butte County Local Agency Formation Commission has approved the formation-of County Service Area No. 119 to provide for the maintenance and upkeep of the street lighting and storm drainage system for South Fork Estates - action requested - ADOPT RESOLUTION 89- 192 SETTING A PUBLIC HEARING DATE FOR DECEMBER 19, 1989 AT 6:30 P.M. 4. County Service Area No. 120 - the Butte County Local Agency Formation Commission has approved the formation of County Service Area No. 120 to provide for the maintenance and upkeep of the street lighting and storm drainage system for Oak Way Park - action requested - ADOPT RESOLUTION 89--193 SETTING A PUBLIC HEARING DATE FOR DECEMBER 19, 1989 AT 6:30 P.M. 5, County Service Area No. 125 -- the Butte County Local Agency Formation Commission has approved the formation of County Service Area No. 125 per the conditions of approval for the Willow Bend tentative subdivision map - action requested - ADOPT RESOLUTION 89-194 SETTING A PUBLIC HEARING DATE FOR DECEMBER 19, 1989 AT 6:30 P,M. 6. County library donations - in accordance with Government Code Section 25355, a donation of $500 has been received from Soroptimist International of Oroville; $150 from Ruth Zemke, Oroville; $100 from Barbara B. Zontek, Oroville; $100 from Anthony M. Pagano, M.D., Oroville; $1,000 from Oroville Internal Medicine Group, Inc., Oroville; and $1,000 from City of Oroville (Great Race donation) for continuing operations - action requested - ACCEPT DONATIONS AND AUTHORIZE LETTERS OF APPRECIATION. 7. Gregory Lee Bickmore, Stirling City - files an application for late claim and claim in the amount of $2,000,000 as a result of alleged injuries and damages sustained on or about August 27, 1984 to October 25, 1989 at various county locations and involving various county officials - action requested - DENY THE LATE CLAIM. Page 325 November 21, 1989 November 21, 1989 89-497 8. Roy Zane Stokes and Denise Stokes, Chico - file a claim in an unspecified amount far alleged injuries and damages sustained on or about April 7, 1989 involving the Sheriff's Department - action requested - REJECT CLAIM AND REFER TO COUNTY COUNSEL AND RISK MANAGEMENT. 9. North Caunty Municipal Court -- Berard autharization is requested to purchase an office chair, speaker system and replacement safe from existing fixed asset funds - action requested - AUTHORIZE PURCHASE OF FIXED ASSET ITEMS. 10. Central Duplicating - Board authorization is requested to purchase an electric stapler with foot pedal. A budget transfer request has been prepared to provide the necessary appropriation - action requested - AUTHORIZE PURCHASE OF FIXED ASSET ITEM. 11. Investments information report - the Treasurer/Tax Collector submits the October 31, 1989 report in accordance with AB 1.073 and the Caunty's investment policy - action requested - ACCEPT FOR INFORMATION. 12. Salary ordinance amendment - the County Clerk has requested the creation of two 50 percent superior court clerk I/II positions from one position of superior court clerk I/II - action requested - WAIVE THE SECOND READING AND ADOPT ORDINANCE 2791. 13. Salary ordinance amendment - paralegal - Board approval is requested for the reassignment of a paralegal position from the County Counsel Department to the Public Guardian/Public Administrator Department due to the cost subvention in that certain tasks performed by the paralegal are reimbursable from Short-Doyle funds - action requested - WAIVE THE SECOND READING ADOPT ORDINANCE 2792. 14. Ordinance amending Chapters 26, 26b, 27 and 28 of the Butte County Code - this ordinance will adopt by reference the 1988 Uniform Building Cade, 1988 Uniform Plumbing Code, and the 1988 Uniform Mechanical Code as required by the State of California. The effective date of the new codes is January 1, 1990 - action requested - WAIVE THE SECOND READING AND ADOPT ORDINANCE 2793. Page 326 November 21, 1.989 `\ November 21, 1989_ 89-497 15. Salary ordinance amendment - Air Pollution Control District - Board authorization is requested to authorize the adoption of a new classification of Deputy Air Pollution Control Officer, range 55; establishing a flexibly staffed clerical position -- action requested - WAIVE THE FIRST READING OF THE ORDINANCE. 16. Right-af-way acquisition - agreements for sale - Cohasset Road reconstruction project 1.9 miles northeast of Keefer Road, County Project No. 61201- 87.1.: Parcel Nos. Owner Acres Total Land #9 Laurel O. Watts 2.8347 $1,300 #13 Hans J. Daumer .05 100 #14,#15 Hans J. Daumer .74 1,500 Thomas P. Vayda Sally J. Barge Charlotte C . Nera'ell #17 Sally J. Barge .54 1,300 Thomas P. Vayda Improvements Total #9 Laurel O. Watts None $1,300 #13 Hans J. Daumer None 100 #14,#15 Hans J. Daumer None 1,500 Thomas P. Vayda Sa11y J. Barge Charlotte C. Newell #17 Sally J. Barge None 1,300 Thomas P. Vayda action requested - APPROVE AGREEMENTS FOR SALE; AUTHORIZE THE CHAIRMAN TO SIGN; AUTHORIZE THE AUDITOR TO DRAW WARRANTS UPON DEMAND OF COUNTY'S ESCROW AGENT; ACCEPT DEEDS; AND AUTHORIZE CHAIRMAN TO SIGN CERTIFICATES OF ACCEPTANCE. Page 327 November 21, 1989 November 2.11 1989 89-497 17. Victim/Witness Assistance Program - a resolution has been prepared far submission to the State Office of Criminal Justice Planning authorizing the Chief Probation Officer to submit an application for increased State funds to provide victim/witness assistance to Butte, Glenn, Plumas and Colusa Counties. A joint powers agreement has been prepared with Plumas County to have a probation aid provide Victim/Witness Assistance Program services in Plumas County - action requested - ADOPT RESOLUTION 89-195; APPROVE AGREEMENT AND AUTHORIZE THE CHAIRMAN TO SIGN. 18. Termination of dental provider agreements - Board approval is requested to notify Northern Sacramento Rural Health Project, Dr. Robert E. Kearbey and Dr, William Dillard of the termination of their current agreements for the provision of dental services to County General Assistance Program recipients effective December 31, 1989 - action requested - AUTHORIZE LETTERS OF TERMINATION TO PROVIDERS. 19. Family Services Association - a contract has been prepared to provide representative payee services to the homeless mentally ill for the period July 1, 1989 through June 30, 1990. Funding is provided from an annual Federal Block Grant and savings in fiscal year 1988/89 - action requested APPROVE CONTRACT; ADOPT RESOLUTION 89-196 AND AUTHORIZE THE CHAIRMAN TO SIGN. 20. Mental Health County Plan Update - Part B (fiscal year 1989/90} - a detailed budget presentation is required within 90 days of the State's final allocation of funds. An approved Part B is required for the continued receipt of advance payments to the County - action requested _ APPROVE PART B AND AUTHORIZE THE CHAIRMAN TO SIGN FORMS 1.1B AND 1.5B. 21. CEQA guidelines - Board approval of an additional 30 day extension for implementation of the newly adopted CEQA Guidelines - action requested - APPROVE EXTENSION. 22. Advance step hiring - agricultural biologist I - Board authorization is requested for advance step hiring at step 5 of the salary range - action requested - AUTHORIZE ADVANCE STEP HIRING. Page 328 November 21, 1989 No'v'ember 21 1989 89-497 23. Town of Paradise - proclamation of recognition and congratulations to the Town of Paradise on the 10th anniversary of incorporation - action requested - ADOPT RESOLUTION 89-197 AND AUTHORIZE THE CHAIRMAN TO SIGN. MOTION: MOVE TO APPROVE THE CONSENT AGENDA AS AMENDED WITH REMOVAL OF ITEMS 3.17, 3.22 AND 3.24. S M VOTE: l Y 2 AB 3 Y 4 Y 5 Y (Unanimously Carried} Regular A_ect nda 89-498 Items removed from the Consent Agenda for Board consideration and action. 1. Attorney services agreement - an agreement has been prepared retaining the firm of McDonough, Holland and Allen, attorneys at law, for legal services - APPROVE AGREEMENT AND AUTHORIZE THE CHAIRMAN TO SIGN. (NO ACTION TAKEN} 2. In-Home Supportive Services Contract, TFB X15-90 - bids have been received and considered with the responsible low bidder being National Homecare Systems for the period January 1, 1990 through December 31, 1991. The County's match far this program is frozen at the 1987/88 funding level of $168,317 - action requested - AWARD CONTRACT. MOTION: MOVE TO AWARD CONTRACT TO NATIONAL HDMECARE SYSTEMS. M S VOTE: 1 Y 2 AB 3 Y 4 Y 5 Y (Unanimously Carried) 3. Board December meeting schedule - action requested - CANCEL MEETING OF DECEMBER 12, 1989. (NO ACTION TAKEN} 89-499 CLOSED SESSION: The Board recessed to closed session at 9:20 a.m. for litigation pursuant to Government Cade Section 54956.9(a) of Organ v. Dolan, and pursuant to Government Cade Section 54956.9(b} an Administrative Appeal OSHA v. County of Butte, potential bankruptcy, and meet and confer. Page 329 November 21, 1989 November 21, 1989 RECONVENE: The Board reconvened at 9:55 a.m. following a closed session on actual and potential litigation, and meet and confer. (NO ANNOUNCEMENTS) {SUPERVISOR McLAUGHLIN NOT PRESENT) 89-500 Appointments - commissions and committees. a. Task Force on AIDS - action requested - APPOINTMENT OF THE LONG TERM CARE REPRESENTATIVE, THE SOCIAL SERVICE REPRESENTATIVE, AND THE HIV INFECTED OR DIAGNOSED WITH AIDS REPRESENTATIVE. {383) MOTION: MOVE TO APPOINT FRANK ZOOK AS THE LONG TERM CARE REPRESENTATIVE AND MARY ANDERSON AS THE SOCIAL SERVICE REPRESENTATIVE ON THE TASK FORCE ON AIDS, AND DEFER THE APPOINTMENT OF THE HIV INFECTED OR DIAGNOSED WITH AIDS REPRESENTATIVE UNTIL DECEMBER. S M VOTE: l Y 2 AB 3 Y g AB 5 Y {Unanimously Carried) b. Appointments to committee vacancies. MOTION: MOVE THAT LYNN VANHART BE REAPPOINTED TO THE BUTTE COUNTY MOSQUITO ABATEMENT DISTRICT. M S VOTE: l Y 2 AB 3 Y 4 AB 5 Y (Unanimously Carried) 89-501 Closed hearing - Rolls, Anderson & Rolls on behalf of James Black - consideration of a rezone (prapased negative declaration regarding environmental impact) from A-5 (agricultural - five acre parcels), to SR-1/2 (suburban residential), property located at the northeast corner of Turner Lane and Burdick Road, approximately 1,100 feet south of Durham-Dayton Highway, identified as AP 039-24-0-020, Durham. (530) (CONTINUED AS A CLOSED HEARING TO DECEMBER 5, 1989) Public Hearings and Timed Items (SUPERVISOR McLAUGHLIN PRESENT) (NEIL McCABE, CHIEF DEPUTY COUNTY COUNSEL PRESENT} Page 330 November 21, 1989 November 21 1989 89-502 Public hearing - Butte County Planning Commission - an ordinance adding Section 24-35.1 through 24-35.3 pertaining to Animal Maintenance Requirements to Chapter 24, entitled "zoning" of the Butte County Code (proposed negative declaration regarding environmental impact) and amending the "A" (agricultural), A-R (agricultural- residential), AR-MH (agricultural residential-mobile home), A-SR {agricultural-suburban residential), F-R (foothill recreational), M-R (mountain or recreational subdivision-residential), S-R {suburban residential), T- M {timber mountain), and "U" (unclassified) zoning regulations in Chapter 24 to incorporate said requirements. (530) MOTION: MOVE TO FIND THAT A NEGATIVE DECLARATION HAS BEEN COMPLETED IN COMPLIANCE WITH CEQA AND ADOPT A NEGATIVE DECLARATION; FIND THAT SAID NEGATIVE DECLARATION, TOGETHER WITH ANY COMMENTS RECEIVED DURING THE PUBLIC REVIEW PROCESS, HAS BEEN REVIEWED AND CONSIDERED; FIND THAT THE PROPOSED CODE AMENDMENT CONFORMS TO THE POLICIES, INCLUDING THE TEXT AND MAP, OF THE BUTTE COUNTY GENERAL PLAN; AND ADOPT ORDINANCE 2794 AMENDING THE BUTTE COUNTY CODE SECTIONS PERTAINING TO LIVESTOCK IN THE A, A- R, AR-MH, A-SR, F-R, M-R, S-R, U AND T-M ZDNI:NG REGULATIONS IN CHAPTER 24 AND TO ADOPT THE PROPOSED LIVESTOCK ORDINANCE AS SUBMITTED. S M VOTE: 1 Y 2 AB 3 Y 4 Y 5 Y (Unanimously Carried) Regular Agenda 89-503 Board interpretation pursuant to Butte County Code Section 24-20(d) of a micro-brewery as a home occupation, property located at 1085 Eaton Avenue, Chico, on property zoned S-R, identified as AP 007-150-033. (1394) MOTION: MOVE TO ACCEPT STAFF RECOMMENDATION. M S VOTE: l Y 2 AB 3 Y 4 Y 5 Y (Unanimously Carried) 89-504 Board consideration to allow a pre 1.976 mobile home in a zone that requires a 1976 or newer HUD approved mobile home. (1.669 ) Page 331 November 21, 1989 November 21 1989 MOTION: MOVE TO UPHOLD THE A-R ZONING REQUIREMENTS FOR THE INSTALLATION OF 1976 OR NEWER HUD MOBILE HOMES AND FIND THAT THE OLDER MOBILES MAY BE INSTALLED WITHIN THE ZONES THAT REQUIRE 1976 HUD MOBILE HOMES ONLY WHEN THEY DO NOT CONTAIN KITCHEN FACILITIES AND ARE USED FOR STORAGE ONLY. S M VOTE: 1 Y 2 AB 3 Y 4 Y 5 Y (Unanimously Carried) 89-505 Report to Board on Foothill Bike Park, AP 063-300-049 - action requested - DIRECT THE PROPERTY OWNERS TO FILE A USE PERMIT APPLICATION. (1$46) MOTION: DIRECT THE PROPERTY OWNERS TO FILE A USE PERMIT APPLICATION. M S VOTE: 1 Y 2 AB 3 Y 4 Y 5 Y (Unanimously Carried} 89-506 Board of Supervisors meeting schedule for 1990 - action requested - APPROVE MEETING DATES. MOTION: MOVE TO APPROVE MEETING DATE SCHEDULE FOR JANUARY THROUGH JUNE, 1990, S M VOTE: l Y 2 AB 3 Y 4 Y 5 Y (Unanimously Carried} Public Hearings and Timed Items 89-507 Public hearing - Markel York - consideration of a rezone (determined to be statutorily exempt from environmental review) from "U" (unclassified) to TPZ-160 (timber preserve - 160 acre parcels), property located on the west side of Concow Road, approximately 16 miles northeast of Stirling City, via Retson Road, AP 59-21- 12, north of Paradise. (2049) MOTION: FIND THAT THIS PROJECT IS STATUTORILY EXEMPT FROM ENVIRONMENTAL REVIEW; FIND THAT THE PROPOSED REZONE CONFORMS TO THE POLICIES, INCLUDING TEXT AND MAP, OF THE BUTTE COUNTY GENERAL PLAN BECAUSE IT IS EXISTING TIMBER LAND AND THE NECESSARY DOCUMENTS SUPPORTING THE MAINTENANCE OF IT AS A TIMBER RESERVE HAVE BEEN SUPPLIED; AND ADOPT ORDINANCE 2795 REZONING FROM "U" TO TPZ-1.60 THAT PROPERTY IDENTIFIED AS AP 59-21-12. M S VOTE: 1 Y 2 AB 3 Y 4 Y 5 Y (Unanimously Carried} Page 332 November 21, 1989 November 21, 1989 Regular Agenda 89-508 Report on CSAC convention November 14-17, 1989 in San Jose for information only. (Supervisor McInturf) {REPORT BY WILLIAM H. RANDOLPH, CHIEF ADMTNTSTRATTVE OFFICER) 89-509 Discussion of Welfare issues. (2242} (NO ACTIoN TAKEN) Public Hearings and Timed Items 89-510 Public hearing - consideration of a resolution establishing new fees and increasing existing fees in the Planning Department - action requested - ADOPT A RESOLUTION AND AUTHORIZE THE CHAIRMAN TO SIGN. (3000)(**00) (CONTINUED AS A CLOSED HEARING TO DECEMBER 5, 1989) 59-511 Public hearing - Lucky Seven Ranch Christian Fellowship - consideration of appeal of a use permit to convert existing warehouse into a church on property zoned "U" (unclassified), S-H (scenic highway) (proposed negative declaration with mitigation measures regarding environmental impact), property located an the northeast corner of Clark Road and O'Neal Road approximately nine miles north of Oroville on Clark Road, 2,400 feet north of Highway 70, AP 41-15-31, Oroville. (140) (CONTINUED OPEN TO DECEMBER 5, 1989 AT 11:3.5 A.M.) 89-512 Public hearing - John Abshier, Jr. - abandonment of a right-of-way {lot A), property located an the map of Hatch and Rack Orchard Tract, Sub. No. 4, Book 6 of Maps, page 77, east of Gridley - action requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIRMAN TO SIGN. (976) MOTION: MOVE TO ADOPT RESOLUTION 89-198 AND AUTHORIZE THE CHAIRMAN TO SIGN. S M VOTE: 1 Y 2 AB 3 Y 4 Y 5 Y {Unanimously Carried) (SUPERVISOR McLAUGHLIN ABSENT) 89-513 Continued hearing - Jack D. Adams - appeal of the Advisory Agency's approval of Gary Rawlins, Sycamore Valley Estates Phase II tentative subdivision map and boundary line modification (proposed negative declaration with environmental mitigations}, AP 47-62-10 and 11 and AP 47-63-4, 7, 8, 9, 10 and 11, creating four new parcels and modifying the existing boundaries of eight parcels in the Sycamore Valley Subdivision, property located on both sides of Rock Creek, west of Cohasset Highway at Rock Creek Road, Chico area. (1087) Page 333 November 21, 1989 December 5, 1989 Consent A enda 89-520 1. Approval of minutes - action requested - APPROVE MINUTES OF NOVEMBER 14, 1989. 2. Budget transfers - action requested - APPROVE BUDGET TRANSFERS B-40 (MENTAL HEALTH), B-41 (WELFARE), B~- 42 (MENTAL HEALTH - DRUG ABUSE), B-43 (MENTAL HEALTH - ALCOHOL ABUSE), AND B-44 (MENTAL HEALTH - HERE). 3. James January - abandonment of a ten fact right-of- way strip located an the northeast corner of E. 10th and Laburnam Avenue, AP 445-014-003, Chico _ action requested - RESCIND RESOLUTION 89-157 WHICH SET THE HEARING FOR DECEMBER 5, 1989 AT 11:00 A.M.; ADOPT RESOLUTION 89-199 RESETTING THE PUBLIC HEARING FOR JANUARY 9, 1990 AT 10:30 A.M. ; AND AUTHORIZE THE CHAIRMAN TO SIGN. 4. Cohasset Volunteer Fire Company - has offered to donate $1,000 to be used toward the purchase of a fire engine -- action requested - ACCEPT DONATION. 5. County library donations - in accordance with Government Code Section 25355, a donation of $100 has been received from Downtown Business Association, Chico; $344 from Robin Hood Festival, c/o KHSL Channel 12, Chico; $200 from Paradise Ladge #2960, Ladies Auxiliary, Fraternal Order of Eagles, Paradise; $200 from Cosmos Club, Chico; $131 from Chico Friends of the Library; $100 from Stafford and Georgia Palmer, Magalia; and $100 from Comite Mexicano de Beneficenica #28, Chico for the purchase of books - action requested -ACCEPT DONATIONS AND AUTHORIZE LETTERS OF APPRECIATION. 6. County library donations - in accordance with Government code Section 25355, a donation of $582 has been received from Friends of the Library, Oroville; $10,000 from an anonymous Oroville donor; $28,076 from Dan E. Miller, Oraville; $1,000 from Robert and Jane Sherwood, Oroville; $200 from Women's Fellowship of 1st Congregational Church, Oroville; $100 from R. B. and Allyce MacLeod, Oroville; $100 from Dr. James W. Roettger, D.C., Oroville; $100 from Reginald Watt, Oroville; and $100 from Miki R. Joy, M, D. , Oraville for continuing operations -action requested - ACCEPT DONATIONS AND AUTHORIZE LETTERS OF APPRECIATION. Page 337 December 5, 1989 November 21. 1989 89--515 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. (230) (CONTINUED OPEN TO MARCH 20, 1990 AT 10:30 A.M.) 89-516 NEIL McCABE, CHIEF DEPUTY COUNTY COUNSEL, FOR THE RECORD AMENDED MINUTE ORDER NO. 89-499 TO INCLUDE THE UNANTICIPATED DISCUSSION DURING CLOSED SESSION OF PENDING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54955,9 (A) OF DOLAN V. McMAHON. 89-517 Communications Communications received and referred. (COPIES OF ALL COMMUNICATIONS ARE AVAILABLE TN THE CLERK OF THE BOARD OFFICE.) (NONE) $9-518 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.) (352) (NONE) ADJOURNMENT: There being nothing further before the Board at this time, the meeting was adjourned at 12:51 p . m. to reconvene on Tuesday, Decemb~,r 5, 1989 at 9:00 a.m. f ~-- rman,~t3oara o~ supervisors ATTEST: WILLIAM H. RANLPH, Chief Administrative Officer and Clerk of t Board of Supervisors By: Page 335 November 21, 1989