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HomeMy WebLinkAboutM020387February 3,_ 1987 Call to order - Board of Supervisors room, County Administration Building, 25 County Center Drive, Oraville. Present: Supervisors Fulton, McInturf, McLaughlin, Vercruse and Chair Dolan; Martin 3. Nichols, chief administrative officer; Harvey Wallace, county counsel; and Rubye Townsley, deputy clerk of the Board. Pledge of allegiance to the Flag of the United States of America. $7-58 Items removed from the Consent Agenda for Board consideration and action. 1. Ordinance adding Article V to Chapter 15 of the Butte County Code regarding smoking in public places. 2. Assessor and Treasurer/Tax Collector Offices conflict state- ments - a resolution has been prepared adopting the departmental policy statements pursuant to Government Cade Section 1126 (b}. 87-59 Consent Acrenda E45) 1. Approval of minutes. APPROVED MINUTES OF JANUARY 14, J'AN'UARY 19 AND JANUARY 20, 1987. 2. Budget transfers. APPROVED BUDGET TRANSFERS B-69, B-70, B-71 ANA B-72. 3. Annexation to County Service Area No. 73 - a resolution has been prepared for the purpose of setting a public hearing for February 24, 1987 at 11:30 a.m. to consider the annexation. ADOPTED RESOLUTION 87-08 AND AUTHORIZED THE CHAIR TO SIGN. Page 147 87-59 4. Memorial {Cont'd) the Cali $612 and in order doors at AUTHORIZE Hall donations - donations have been received from Eornia Veterans Square Dance Club in the amount of the Paradise Veterans Council in the amount of 5544 to offset the installation of safety and security the Paradise Memorial Hall, ACCEPTED DONATION AND LETTERS OF APPRECIATION. 5. Report to the Board - Frost and Lusk Engineers ~ proposed negative declaration regarding environmental impact and denied rezone from FR-40 (foothill recreational - 40 acre parcels) and RT-112 {minimum density residential -mobile home - 112 acre parcels) to RT-1 {minimum density residen- tial mobile home), FR-1 (foothill recreational - one acre parcels) and FR-40 (foothill recreational - 40 acre parcels) on property located south of South Park Drive and west of Athens Way, identified as AP 51-03-42, west of Paradise. ACCEPTED FOR INFORMATION ONLY. 6. Walden Pond Estates, Phase T - the developer has provided a cash deposit to guarantee maintenance of facilities for a period of one year starting January 7, 1987 on the seven-lot subdivision, AP 73-18-149 and 152, property located an both sides of Forbestown Road at Kirsty Crescent Road, Forbestown area. APPROVED THE FINAL MAP; ACCEPTED EASEMENfiS AS GRANTED IN ITEMS 1 AND 2 OF THE OWNER`S CERTIFICATE ON BEHALF OF SPECIFIC ENTITIES; AND AUTHORIZED THE CHAIR TO SIGN THE SUBDIVISION AGREEMENT. 7. Silver Tree II, Phase TT - the developer has provided a letter of credit to guarantee construction of improvements within a period of one year an the 45-lot subdivision, AP 4 215-16, 25, 27 and 28, property located at the southerly end of Skylark Drive, Chico area. APPROVED THE FINAL MAP; ACCEPTED EASEMENTS AS GRANTED IN ITEM B OF THE OWNER'S CERTI- FICATE ON BEHALF OF THE PUBLIC; ACCEPTED GRANfi IN FEE SIMPLE SKYLARK DRIVE, FLAPIINGO ROAD, BRANDONBURY LANE, AND THE ONE- FOOT NO-ACCESS STRIP AS OFFERED TN ITEM A OF THE OWNER'S CERTIFICATE; AUTHORIZED PUBLIC ACCESS ACROSS THE ONE-FOOT NO- ACCESS STRIP AS SHOWN ON SILVER TREE IT, PHASE I, BOOK 104 OF MAPS AT PAGE 30; AND AUTHORIZED THE CHAIR TO SIGN THE SUBDIVISION AGREEMENT. 8. Brinson Subdivision - the developer has provided a letter of credit to guarantee construction of improvements within a period of one year on the four-lot subdivision, AP 40-15-49, property located an the east side of Lott Raad, 1,200 feet north of Durham-Dayton Highway, Durham area. APPROVED THE FINAL MAP AND AUTHORIZED THE CHAIR TO SIGN THE SUBDIVISION AGREEMENT. Page 148 February 3, 1987 87-59 9. Sacramento Avenue Estates Unit I - the developer has provided (Cant'd? a letter of credit to guarantee construction of improvements within a period of one year on the 33-lot subdivision, AP 42- 15T02, property located on the north side of West Sacramento Avenue at Kingsburry Court, Chico area. APPROVED THE FINAL MAP; ACCEPTED EASEMENTS AS GRANTED IN ITEMS A AND B OF THE OWNER'S CERTIFICATE ON BEHALF OF THE PUBLIC; ACCEPTED GRAPdT IN FEE SIMPLE SACRAMENTO AVENUE, CLOTIDLE WAY, CORDELIA COURT, GILBERT LANE AND THE ONE-FOOT NO-ACCESS STRTP AS OFFERED IN ITEMS C AND D OF THE OWNER'S CERTIFICATE; AND AUTHORIZED THE CHAIR TO SIGN THE SUBDIVISION AGREEMENT. 10. Annexation to County Service Area No. 96 -Webb Brothers Construction has initiated the annexation of 12.13 acres (Silver Tree II Subdivision, Phase II? to the service area for the purpose of providing street lights. ADOPTED RESOLUTION 87-09 APPROVING THE ANNEXATION AND AUTHORIZED THE CHAIR TO SIGN. 11. Land Conservation Act contracts - contracts have been pre- pared with Charles Hicks, the Estate of Teresa Leuscher, John Mendonca, Dallas and Carolyn Smith, and Konyn Orchards, Inc. for inclusion into the Land Conservation Act. APPROVED CONTRACTS AND AUTHORIZED THE CHAIR fi0 SIGN. 12. Barry M. Meyers attorney at law - on behalf of James R. Francis files an application far permission to present late claim and claim far personal injury as a result of alleged injuries and damages sustained on or about September 17, 1986 while incarcerated at the Butte County Jail. DENIED APPLICATION TO PRESENT LATE CLAIM. 13. Building inspection typewriter -the department requests Board authorization to acquire a memory typewriter at an estimated cost of $800 to replace a typewriter deemed to be beyond economic repair. AUTHORIZED PURCHASE OF FIXED ASSET. 14. Probation computer equipment - the department requests an IBM/XT computer with monitor and keyboard, $2,675; a printer, $700; and additional hard disk for the Victim Witness computer in the District Attorney's Office, $730. APPROVED PURCHASE OF FIXED ASSETS. 15. Contract Change Order No. 2 - Butte County Superior Court Remodel Project -the change order in the amount of $336 covers relocation of the judge's wardrobe closet, $168 and raising of the judge's bench platform, $168. APPROVED CONTRACT CHANGE ORDER AND AUTHORIZED THE CHAIR TO SIGN. Page 1~9 February 3, 19$7 87-59 16. Notice of completion - Butte County Superior Court Remodel (cont'd) Project the praject has been completed in accordance with plans and specifications. ACCEPTED THE PROJECT, AUTHORIZED THE CHAIR TO SIGN THE NOTICE OF COMPLETION, AND DIRECTED THE CLERK TO RECORD THE NOTICE OF COMPLETION. 17. Resolution in memory of Judge William M. Savage. ADOPTED RESOLUTION 87-ZO AND AUTHORIZED THE CHAIR TO SIGN, 18. Salary ordinance amendment - the ordinance removes the Public Administrator function from the District Attorney's Office and adds it to the Public Guardian as well as changes the classification title of the position. WAIVED THE FIRST READING OF THE ORDINANCE. 19. Oroville Chemical People agreement - the agreement, in the amount of $1,50©, provides far the production and distribution of a quarterly newsletter in conjunction with the Drug Suppression Program -APPROVED AGREEMENT AND AUTHORIZED THE CHAIR TO SIGN. 20. Youth Authority delinquency prevention grant - a grant appli- cation has been prepared far submission to the California Youth Authority far the Probation Officer to administer a "systems development in delinquency prevention" praject for Butte County in the amount of $14,000 to operate through June 30, 1987. ADOPTED RESOLUTION 87-11 AUTHORIZING THE PROBATION OFFICER TO APPLY FOR AND ADMINISTER A DELINQUENCY PREVENTION GRANT. 21. Measure A proclamation - a resolution has been prepared requesting that the Governor and Legislature implement the will of the voters as manifest in Measure A by adopting a comprehensive program to solve county fiscal problems which would include funding of the courts, a shift of one-quarter cent sales tax and stabilization of mandated program expenditures. ADOPTED RESOLUTION 87-12 APPROVING THE PROCLAMATION AND AUTHORIZED fiHE CHAIR TO SIGN. 22. Appointment of Public Administrator - the Charter amendment combining the positions of Public Guardian and Public Administrator became effective January 6, 1987. APPOINTED ELIZABETH MAXON TO THE OFFICE OF PUBLIC ADMINISTRATOR. 23. Penalty abatement request -change of ownership reports. DENIED REQUEST OF~ ERIC JACOT, AP 005-19-4-003-0 AS RECOMMENDED BY THE CHIEF ADMINISTRATIVE OFFICE, Page 150 February 3, 1987 87-59 Motion: APPROVED CONSENT AGENDA. (Cont'd} S M Vote: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried) Regular Agenda 4 87-60 Ordinance adding Article V to Chapter 15 of the Butte County Code {52) regarding smoking in public places. {ADDITIONS WERE MADE TO THE ORDINANCE; THEREFORE, COUNTY COUNSEL RECOMMENDED WAIVING THE FIRST READING AGAIN.} Motion: WAIVED THE FIRST READING OF THE ORDINANCE. S M Vote: 1 Y 2 Y 3 Y 4 Y 5 Y {Unanimously carried) 87-61 Assessor and Treasurer/Tax Collector Offices conflict statements - {1~8) a resolution has been prepared adopting the departmental policy statements pursuant to Government Code Section 1126 (b}, Motion: ADOPTED RESOLUTION 87-13 APPROVING THE POLICY STAfiEMENT AND AUTHORIZED fiHE CHAIR TO SIGN. M S Vote: 1 Y 2 Y 3 Y ~ Y 5 Y {Unanimously carried) 87--62 Appointments - commissions and committees. {3.95) a. Appointment and issuance of proxy far representation on the Sacramento Valley Air Basin Control Council. Motion: APPOINTED SUPERVISOR McINTURF AS MEMBER AND SUPERVISOR DOLAN AS ALTERNATE; AUTHORIZED AIR POLLUTION CONTROL OFFICER OR HIS DESIGNATED DEPUTY AS PROXY. S M Vote: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried) b. Consideration of resolution changing terms of appointment far appointees representing Supervisorial Districts. Page 151 February 3, 1987 87-62 Motion: ADOPTED RESOLUTION 87--14, EXTRACTING THE FAIR BOARD FOR {Cont'd) FURTHER CONSIDERATION. M S Vote: l Y 2 Y 3 Y 4 X 5 Y {Unanimously carried) c. Consideration of Board committ ee assig nments. Motion: APPOINTED SUPERVISOR DOLAN TO THE ARTS COMMISSION. M S Vote: 1 X 2 Y 3 Y 4 Y 5 Y {Unanimously carried) Motion: APPOINTED SUPERVISOR McLAUGHLIN AS REPRESENTATIVE AND SUPERVISOR VERCRUSE AS ALTERNATE TO SUPERIOR CALIFORNIA ASSOCIATION. S M Vote: 1 Y 2 Y 3 Y 4 Y 5 Y {Unanimously carried) Motion: DISBANDED THE VETERANS BOARD MEMORIAL HALL COMMITTEE. S M Vote: l Y 2 Y 3 Y 4 Y 5 X {Unanimously carried) Motion: APPOINTED SUPERVISOR VERCRUSE TO THE COMMISSION ON AGING AND AREA AGENCY ON AGING. M S Vote: l Y 2 X 3 X 4 Y 5 Y {Unanimously carried) Motion: REAPPOINTED SUPERVISOR McINTURF TO EXCESS INSURANCE AUTHORITY. S M Vote: 1 X 2 Y 3 Y 4 Y 5 Y {Unanimously carried) Motion: TO RESCIND PRIOR APPOII~ITMENT T O LAFCo AND TO APPOINT SUPERVISOR I4eLALTGHLIN To LAFCO. M s Vote: i 2 3 4 5 {MOTIDN WITHDRAHN) Page 752 Febrcaary 3, 19$7 87-62 d. Board appointments to other committee vacancies. {Cont'd) Motion: REAPPOINTED LOUIS CAMEI`7ZIND TO THE SURFACE MINING AGGREGATE OPERATIONS COMMITTEE, DISTRICT 3. S M Vote: ~. Y 2 Y 3 Y 4 Y 5 Y {Unanimously carried) Motion: REAPPOINTED COMMISSION; COMMISSION; DEVELOPMENT SURFACE M DTSTRTCT 2. CINDY HEFFREN TO THE AGRICULTURAL ADVISORY ROBIN WILSON TO THE ECONOMIC DEVELOPMENT ROBIN WILSON TO THE OVERALL ECONOMIC PROGRAM COMMITTEE; AND FRED JACKSON TO THE INING AGGREGATE OPERATIONS COMMITTEE FROM M S Vote: 1 Y 2 Y 3 Y 4 Y 5 Y {Unanimously carried) {THE AGRICULTURAL ADVISORY COMMISSION WAS REQUESTED TO MEET AS SOON AS POSSIBLE AND REPORT BACK TO THE BOARD CONCERNING: {1) ACARINE MITE UPDATE; {2) FOWER RATE INCREASE; AND (3} DISCHARGE REQUIREMENTS FOR RICE GROWERS IN THE AREA.) 87-63 Presentation by Ray Narbaitz from Assemblyman Statham's Office (717) regarding support for the naming of the new Highway 32 bridge across the Sacramento River in honor of State Senator Ray Johnson. Motion: CONCURRED WITH NEIGHBORS ACROSS THE RIVER ANA ADOPTED RESOLUTION 87-14A, THE WORDING TO BE PROVIDED AFTER A COPY OF GLENN COUNTY'S RESOLUTIDN IS RECEIVED, TO NAME IT "GIANELLA BRIDGE" WITH A PLAQUE TO BE PLACED IN HONOR OF SENATOR JOHNSON. S M Vote: 1 Y 2 Y 3 Y 4 N 5 N (Motion carried) 87-64 Presentation by Superintendent of Schools Eugene Even presenting {1381) resolution of commendation to the Board of Supervisors for participation in the Emotionally Disturbed Students Froject. (RESOLUTION ACCEPTED. NO ACTION TAKEN.) 87-65 Consideration of resolution imposing a $7.00 assessment to be (1539) effective March 1, 1987 to be placed in trust and to be used for an automated warrant system. {Supervisor Fulton) Page 153 February 3, 1987 87-65 Motion: MADE A MOTION OF INTENT TO APPROVE AND AUTHORIZED (Cont'd) PREPARATION OF APPROPRIATE LEGAL DOCUMENTS FOR THE NEXT BOARD MEETING. S M Vote: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried) {REFERRAL PiADE TO OPERATIONS COMMITTEE TO DETERMINE IF THERE IS ANY OTHER SIMILAR LEGISLATION, WITH A REPORT BACK AS SOON AS POSSIBLE.) Recess: 9:52 a.m. Reconvene: 10:23 a.m. 87-b6 Report from Public Works Director and consideration of resolution (1711) amending improvement standards for subdivisions, parcel maps and site improvements pursuant to Chapter 20 of the Butte County Code. (from 1/20/87) Motion: ADOPTED RESOLUTION 87-15 AS PROPOSED BY STAFF AND ADOPTED SUBDIVISION STANDARDS FOR THE CHICO URBAN AREA, AMENDING THE MAP TO INCLUDE SYCAMORE CREEK BOUNDARY; DELETED COVENANT PROVISIONS AND REQUIRED PERMANENT SOLUTION FOR DRAINAGE FOR SUBDIVISIONS AND PARCEL SPLITS INSIDE THE GHIGO URBAN AREA AS DEFINED BY THE MAP. M S Vote 1 Y 2 Y 3 Y 4 N 5 Y {Motion carried) 87-67 Interpretation of accessory use to existing transmitting facility. (2902) ** Matian: MADE A MOTION OF INTENT TO MAKE THE DETERMINATION THAT 00 THIS IS AN ACCESSORY USE TO THE EXISTING 'TRANSMISSION FACILITIES ON THE PROPERTY AND HAVE STAFF PREPARE THE NECESSARY PAPER WORK TO PERMIfi THE CONSTRUCTION OF THE TOWER REQUESTED BY 4.W.I.D., AND TO REQUIRE THAT AN APPLICATION FOR ZONING BE SUBMITTED. M S Vote: 1 Y 2 Y 3 Y 87-68 Consideration of resolution {86) regarding improvement standa: Motion: ADOPTED RESOLUTION M Vote: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried) amending Resolutions 82-68 and 82.173 cds . 87-16. S 4 N 5 Y {Motion carried) Page 154 February 3, 1987 Recess: 10:59 a.m. Reconvene: 1i:18 a.m. (SUPERVISOR FULTON ABSENT AT THIS TIME.) Public Hearings and Tamed Items 87-69 Bill Warshawer - rezone from U (unclassified) to FR-10 {foothill {125) recreation - 10 acre parcels) {proposed mitigated negative declaration regarding environmental impact) property located at the end of Mt. Ratchel Drive, off of Highway 162 {Oroville-Quincy Highway), approximately one mile past the Canyon Creek Bridge, identified as AP 71-08-123, north of Oroville {File 87-20). (SUPERVISOR FULTON PRESENT AT THIS TIME.) Motion: FOUND THAT THE REQUIREMENTS OF CEQA HAVE BEEN COMPLETED AND CONSIDERED IN MAKING THIS DECISION AND ADOPTED A NEGATIVE DECLARATION; FOUND THAT THE PROPOSED REZONE CONFORPiS TO THE GENERAL PLAN INCLUDING THE TEXT AND MAP AND ADOPTED ORDINANCE 2578 REZONING TO FR-10 THAT PROPERTY IDENTIFIED AS AP 61-49-34, BILL WARSHAWER. M S Vote: l Y 2 Y 3 Y 4 Y 5 Y {Unanimously carried} ' Recess: 11:20 a.m. Reconvene: 7.1:30 a.m. 87-70 Consideration of recommendations of Lower Court Task Force as {183) implemented by SB 2367 establishing the North and South County Municipal Court Distracts. Motion: ADOPTED RESOLi3TI0N 87-17, AS OUTLINED ON PAGE 6, SECTION VIII, 4F THE MEMO FROM CHIEF ADMINISTRATIVE OFFICER DATED JANUARY 26, 1987. M S Vote: 1 Y 2 Y 3 Y 4 N 5 Y {Motion carried} Closed Session: The Board recessed at 11:40 a.m. for a closed session regarding the City of Chaco lawsuits {North Valley Mall, Southeast Bond and Downtown RDA}. Reconvene: The Board reconvened at 11:53. (NO ANNOUNCEPiENTS . } Page 155 February 3, 1987 ~\ {SUPERVISOR McLAUGHLIN ABSENT AT THIS TiME.} 87-71 Sierra West Surveying - on behalf of John Cuseo, appeals the (475} Advisory Agency`s Condition 10 (provide circulation as per Section 20-133 of the Butts County Code} and Condition 15 {provide circu- lation per Section 20-133 of the subdivision ordinance) an tenta- tive parcel map, AP 55-25-36, three parcels, property located on Round Valley Ranch Road approximately 1-1/4 mile southwest of Clark Raad, Paradise area. (SUPERVISOR McLAUGHLIN PRESENT AT THIS TIME.} Motion: FOUND THAT THERE ARE SPECIAL CIRCUMSTANCES REGARDING TOPOGRAPHYf UPHELD APPLICANT'S APPEAL OF CONDITIONS N0. 10 AND 15 FOR THE JOHN CUSEO TENTATIVE PARCEL MAP ON AP 25-55-35 AS PLACED BY THE ADVISORY AGENCY AT THEIR MEETING OF JANUARY 5, 1987; APPROVED MAP, DELETING CONDITIONS N0. 10 AND 15. S M Vote: 1 N 2 X 3 Y 4 Y 5 Y (MOTION CARRIED} Recess: 12:03 p.m. Reconvene: 1:40 p.m. $7-72 Report from citizens committee regarding the Public Comment {740) section of the agenda. {COMMITTEE REQUESTED THAT THE BOARD HAVE AN ADVERTISED PUBLIC HEARING ON WHETHER THE BOARD WILL HAVE A TIME CERTAIN FOR PUBLIC COMMENT OR FOR THE BOARD TO DESIGNATE 11:30 .M. AS THE PUBLIC COMMENT TIME. COMMITTEE CHARGED A VIOLATION OF THE BROWN ACT AND WOULD LIKE REDRESS WITHIN THIRTY DAYS OF THE ACTION. Motion: TO GO BACK TO THE 11:30 HOUR. M Vote: 1 2 3 4 5 {MOTION DIED FOR LACK OF A SECOND.} (CHARGES OF BROWN ACT VIOLATION REFERRED TO COUNTY COUNSEL.) $7-73 Report from citizens committee regarding Supervisors' pay. {CONTINUED TO MARCH 3, 1987.} Page 156 February 3, 1987 87-73 Closed Session: The Board recessed at 2:10 p.m. an meet and (Cont'd) confer, Anderson lawsuit and Stevenson lawsuit. (1697) Reconvene: The Board reconvened at 3:06 p.m. fSEE FOLLOWING MTNUTE ORDER.) 87-74 Report on closed session. fN0 ANNOUNCEMENT REGARDING BUTTE VS. STEVENSON.) Motion: RATTFTED MEMORANDUM OF UNDERSTANDING WITH THE SOCIAL WORKERS ASSOCIATION, ADOPTING ORDINANCE 2579. S M Vote: l Y 2 Y 3 Y 4 Y 5 Y fUnanimously carried) Piotion: AUTHORIZED ATTORNEYS TO FILE NECESSARY PAPERS TO RECOVER ATTORNEYS' FEES AND COSTS IN THE ANDERSON LAWSUIT. S M Vote: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried) 87-75 Communications Communications received and referred. (COPIES OF ALL COMMUNICATIONS ARE AVAILABLE IN THE CLERK OF THE BOARD OFFICE.) a. Chico Area Recreation and Park District - writes requesting the re-enactment of the park and recreation land dedication fee ordinance. (REFERRED TO CHICO ISSUES COMMITTEE.) b. Thermalito Irrigation District - writes transmitting Resolution 87-02 establishing election day for board members to be held the same day upon which a statewide general election is held. (REFERRED TO COUNTY CLERK.) 87-76 Public comment. fN0 ONE APPEARED.) Page i57 February 3, 1987 Adja~rnment; There being nothing further before the Board at this time the meeting was adjourned at 3;08 p.m. to recan~ene at 9:00 a.m. an February 1fl, 1987. ATTEST: MARTIN J. NICH Chief Administ Clerk of the Board By. Page 158 February 3, X987