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HomeMy WebLinkAboutM021087February 1~ 1987 Call to order - Board of Supervisors room, County Administration Building, 25 County Center Drive, Oroville. Present: Supervisors McInturf, McLaughlin, Vercruse and Chair Dolan; Martin J. Nichols, chief administrative officer; Harvey ~Tallace, county counsel; and Rubye Townsley, deputy clerk of the Board. Absent: Supervisor Fulton. Pledge of allegiance to the Flag of the United States of America. 87-77 Items removed from the Consent Agenda for Board consideration and (21? action. 1. Budget transfers. 2. Chico Municipal Court microcomputer acquisition - the department requests authorization to acquire two microcomputers, a memory expansion board, two network inter- face cards, two monitors/display adapters and related software at an estimated cost of $7,230 as part of its communication link with the State Department of Mator ~Tehicles . 3. Ordinance adding Article V to Chapter 15 of the Butte County Code regarding smoking in public places. d. Agreement to retain attorney services - an agreement has been prepared Faith the law firm of Herzig and Berlese covering certain legal representation and consultation services at a cost of $85 per hour, plus expenses. 5. Salary ordinance amendment - the ordinance provides for the cost-of-living adjustment for members of the Social Services Worker Unit. consistent with ratification of the PiOU. Page 159 87-78 Consent A~,enda E33) 1. Approval of minutes. APPROVED MINUTES OF JANUARY 27, 19$7. 2. Robert Connors - abandonment of light and air easement and public utility easement! Carriage Manor Subdivision, Lots 34 and 35, AP 36-78-34 and 35. ADOPTED RESOLUTION 87-1$ SETTING A PUBLIC HEARING FOR MARCH 3, 1.987 AT 11:00 A.M. 3. Appointments to Mental. Health Advisory Board. APPOINTED DONNA KEMP, GENERAL PUBLIC MEMBER, TO A TERM EXPIRING DECEMBER 31, 1.988; DAVID C. POTTER! M.D., PHYSICIAN MEMBER; MARGARET N. BROWN, CONSUMER/FAMILY MEMBER; SUZANNE LANGE, CONSUMER/FAMILY MEMBER; RICHARD RATLEDGE, CONSUMER/FAMILY MEMBER; SHARON ANDERSON, GENERAL PUBLIC MEMBER; AND CAROL PURCELL, PROFESSIONAL MEPIBER, ALL FOR TERMS EXPIRING DECEMBER 31, 1989, 4. Final map - Oro Monte Estates - the developer has provided a savings passbook to guarantee maintenance of facilities for a period of one year starting February 10, 19$7 on the 13-lot subdivision, AP 64-64-01 and a portion of AP 64-63-21, property located an the east side of Nimshew Road, 2,000 feet south of Humbug Road. APPROVED THE FINAL MAP; ACCEPTED EASEMENTS AS GRANTED TN THE OWNER'S CERTIFICATE ON BEHALF OF THE PUBLIC; ACCEPTED GRANT IN FEE SIMPLE TIMBER RIDGE DRIVE AS OFFERED IN THE OWNER'S CERTIFICATE; AUTHORIZED THE CHAIR TO SIGN ASSIGNMENT AS SECURITY SECOND ENDORSEPiENT FOR AS- STGNMENT OF SAVINGS PASSBOOK ACCOUNT; AND AUTHORIZED THE CHAIR TO SIGN THE SU$DIVTSION AGREEMENT. 5. Public Works typewriter - the department requests Board authorization to purchase a replacement typewriter at an estimated cast of $450 for use in the Public Works shop office to replace a typewriter deemed to be beyond economic repair. AUTHORIZED PURCHASE OF FIXED ASSET. 6. Sheriff's Department breath testing instrument - the department requests authorization to purchase an Alco-Sensor breath testing instrument to be used in the jail at an estimated cost of $475. Sufficient funding exists within the budget. AUTHORIZE PURCHASE OF FIXED ASSET. 7. Resolution amending Resolution 86-165 relating to special inspections conducted by the Agricultural Commissioner. ADOPTED RESOLUTION $7-19 AND AUTHORIZE THE CHAIR TO SIGN. 8. 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 SECOND READING AND ADOPTED ORDINANCE 2580. Page 160 February 1(}, 1987 87-78 (Cont'd} 9. Amendment to Northern California Emergency Medical Service, Inc., contract -the amendment permits the organization to act as the county's agent in the implementation of mobile intensive care nursing regulations, implementation of air ambulance standards, and the designation of a trauma center provided such designation is in compliance with state regulations. APPROVED CONTRACT AMENDPIENT AND AUTHORIZED THE CHAIR TO SIGN. 10. Alcohol Recovery Center privatization -- the Mental Health Director forwards information regarding a recommended process to shift alcohol residential Services to the private sector. ACCEPTED FOR INFORMATION AND REFERRED TO GOVERNT2ENT OPERATIONS COMMITTEE. Motion: APPROVED CONSENT AGENDA. M S Vote: lY 2Y 3Y 4Y Regula~_ Agenda 87-79 (37) Budget transfers. 5 AB (Motion carried} {SUPERVISOR FUIITON PRESENT AT THIS TIME.) Motion: APPROVED BUDGET TRANSFER B-73, B-74 AND B-76, AND REFERRED B-77 TO FINANCE COMMITTEE. S M Vote: 1 2 3 4 5 Amended Motion: APPROVED BUDGET TRANSFERS B-73, B-74, B-76 AND APPROVED B-77, ITEMS 1, 2 AND 3. REFERRED THE AFDC ~ PORTION TO THE FINANCE COMMITTEE FOR RECOMMENDATION AND ACTION ON FEBRUARY 24. S M Vote: ~. N 2 Y 3 Y 4 Y 5 Y (Motion carried} 87-80 Chico Municipal Court microcomputer acquisition - the department (257} requests authorization to acquire two microcomputers, a memory expansion board, two network interface cards, two monitors/display adapters and related software at an estimated cost of $7,230 as part of its communication link with the State Department of Motor Vehicles. Page 767 February 70, 7987 87-$0 Motion: AUTHORIZED ACQUISITION OF FIXED ASSET ITEMS. (Cont'd) M S Vote: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried) 87-81 Ordinance adding Article V to Chapter 15 of the Butte County Cade (278) regarding smoking in public places. Piotian: WAIVED THE SECOND READING. M S Vote: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried) Motion: ADOPTED ORDINANCE 2581.. M S Vote: 1 Y 2 Y 3 Y 4 N 5 Y (Motion carried) 87-82 Salary ordinance amendment - the ordinance provides far the cost- af-living adjustment far members of the Social Services Worker Unit, consistent with ratification of the MOU. (PULLED. ORDINANCE WAS ADOPTED ON FEBRUARY 3, 1987. 87-83 Agreement to retain attorney services - an agreement has been prepared with the law firm of Herzig and Berlese covering certain legal representation and consultation services at a cast of $85 per hour, plus expenses. Motion: APPROVED AGREEMENT AND AUTHORIZED THE CHAIR TO SIGN. M S Vote: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried) 87--84 Appointments - commissions and committees. (35©) a. Consideration of changing terms of appointment far Butte County Fair Board. Motion: IMPLEMENTED TERMS AS OUTLINED IN MEMO TO ED McLAUGHLIN FROM MIKE PYEATT DATED FEBRUARY 4, 1987, APIENDED TO REFLECT THAT THE EXPIRING TERMS ARE 1989 AND 1991. M S Vote: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried) b Board appointment to other committee vacancies. (NONE) (COUNTY COUNSEL REQUESTED TO HAVE REPORT ON RESIDENCY REQUiREPiENT FOR THE COMMISSION ON AGING AT THE NEXT BOARD MEETING.) Page 162 February 10, 7987 87--85 Consideration of resolution authorizing the issuance of tax and {428) revenue anticipation notes to pay 1986-87 operating and other expenses of the Butte Community College District in an amount not to exceed $3,500,000, providing for the payment of such notes and making other determinations in connection therewith. Motion: ADOPTED RESOLUTION 87-20 AUTHORIZING ISSUANCE OF BONDS. M s Vote: l Y 2 Y 3 Y 4 N 5 N (Nation carried) 87-86 Report by Chief Administrative Officer presenting the annual (803) financial status report on financial condition and the forecast for FY 1987-88. {ACCEPTED REPORTS; REFERRED REPORT FOR REVIEW BY BOARD OF SUPERVISORS' FINANCE COMMITTEE; AND ESTABLISHED WORKSHOP FOR FEBRUARY 24, 1987 TO DISCUSS REPORT ANA BUDGET~ISSUES.} 87-87 Cooperative Personnel Services contract (1174) prepared with the Cooperative Personnel tha recruitment and candidates screening the hiring of the Personnel Director. C~ of 52,000 for professional services and $500 for expenses. - a contract has been Services for conducting process associated with ~ntract is in the amount an amount not to exceed Piotion: AUTHORIZED CHIEF ADMINISTRATIVE OFFICER, ON BEHALF OF THE BOARD OF SUPERVISORS, TO CONTRACT WITH COOPERATIVE PERSONNEL SERVICES TO RECRUIT THE PERSONNEL DIRECTOR. S M Vote: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried) (DISCUSSION ON C~HO THE APPOINTING AUTHORITY IS TO BE WAS CONTINUED TO FEBRUARY 24, 1987.) Recess: 10:05 a.m. Reconvene: 1.0:20 a.m. 87-88 Consideration of request by Richard M. Camaren and {2007} Carol Ann Blanton to tie into the Sacramento Avenue Drainage Assessment District facilities and release of foundation permit far AP 43--29°106, 107, 108 and 109. {REFERRED TO COUNTY COUNSEL TO SEE IF SPACE CAN BE RENTED IN A DRAINAGE ASSESSMENT DISTRICT, AND THE COST INVOLVED, AND TO REPORfi BACK ON MARCH 3, 1987.) Public Hearincts and Timed Items 87-89 Presentation of report by the Paradise Area Task Farce on {2940) Wastewater Management. Page 163 February 1Q, 1987 87-89 Tiotion: REFERRING TO REPORT OF OCTOBER 24, ADOPTED THE (Cant'd? RECOMMENDATIONS AND IMPLEPIENTATION SCHEDULE, WITH THE ** CHANGE NOTED IN THE WORDING ON ITEM 3 DEALING WITH ONSITE WASTEWATER PANAGEMENT DISTRICT, AS FOLLOWS: "THAT COUNTY PLANNING FOR AN ONSITE WASTEWATER MANAGEMENT DISTRICT BE INITIATED FOR DOMESTIC WATERSHED ZONE, IN KEEPING WITH THE TOWN OF PARADISE." S M Vote• l Y 2 Y 3 Y Q Y 5 Y (Unanimously carried) Regular Agenda $?-90 Consideration of establishing a transportation task force on the (569) upper ridge. {Supervisor Fulton) Motion: GAVE GENERAL BLESSING TO FORMULATE A JOINT TOWN AND COUNTY CITIZENS' TASK FORCE TO LOOK AT CIRCULATION AND RELATED ISSUES, WITH A DEFINITIVE STATEMENT OF CHARGE AND MEMBERSHIP ON MARCH 3, 1987. S M Vote: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried} Public Hearings and Timed Items 87-91 Michael W. Cannon -appeals the Advisory Agency's approval of {1159) tentative parcel map {proposed mitigated negative declaration regarding environmental impact), AP 11-35-34, two parcels, property located on both sides of Helltown Road appra:cimately 1,300 feet northwest of Centerville Road, Butte Creek Canyon area. Motion: NOTING THAT THE FINDINGS BY THE BOARD OF SUPERVISORS, AT THEIR MEETING OF AUGUST 9, 19$3 REGARDING THE REZONE TO FR-5 OF PROPERTIES ON HELLTOWN ROAD, ARE NOT APPLICABLE TO THIS PROJECT AND FINDING THAT THIS PROJECT CONFORMS TO THE BUTTE COUNTY ZONING AND GENERAL PLAN, ADOPTED A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AND UPHELD MICHAEL CANNON'S APPEAL OF THE ADVISORY AGENCY'S ACTION AT THEIR MEETING OF JANUARY 12, 19$7, NAMELY THE CONDITIONS N0. 5 AND MITIGATION MEASURE N0. I1 ARE NOT REQUIRED. APPROVAL IS SUBJECT TO PUBLIC WORKS CONDITIONS 1 THROUGH 4r HEALTH DEPARTMENT CONDITIONS 6 THROUGH 10 AS NOTED IN LETTER DATED JANUARY 13, 1987 FROM BUTTE COUNTY TO MICHAEL CANNON. CONDITIONS N0. 5 IS CHANGED TO READ "PLACE NOTE ON FINAL MAP REGARDING PAYMENT TO CHICO UNIFIED SCHOOL DISTRICT IPYPACT FEES." Page 164 February 10, 1987 87-91 S M {Cant'd) Vote: 1 N 2 Y 3 N 4 Y 5 Y (Motion carried} {SEE MINUTE ORDER N0. 87--98} Regular Agenda 87-92 Interpretation of accessory use to existing transmitting facility. {2147} {from 213/87} Motion: NOTWITHSTANDING THE LANGUAGE OF SECTION 24-37.3 AND 24- 37.4, IT IS THE BOARD OF SUPERVISORS INTERPRETATION OF THESE SECTIONS PURSUANT TO SECTION 24-20{D) THAT A PUBLIC ENTITY 4FHICH HAS ESTABLISHED A LEGAL 1"dONCONFORMING USE MAY ADD AN ACCESSORY STRUCTURE TO EXPAND AN EXISTING TRANSMISSION FACILITY ON THE PROPERTY BE ERECTING A MICROWAVE RADIO COMMUNICATION ANTENNA. M 5 Vote: l Y 2 Y 3 Y 4 Y 5 Y {Unanimously carried} (SUPERVISOR FULTON ABSENT AT THIS TIME.} 87-93 Closed hearing - Joseph Burrell - appeals the Planning (2141) Commission's denial of Donna Mooberry/Joe Burrell General Plan amendment {item on which a draft environmental impact report has been prepared} from orchard and field craps to agricultural resi- dential an property zoned A-5 (agricultural -five acre parcels) located on both sides of Muir Avenue south of Bell Road, west of Alamo Avenue, Chico (File 84-45}. {from 1/20187) {REFERRED TO A COMMITTEE OF SUPERVISORS DOLAN AND VERCRUSE FOR A REPORT ON MARCH 17, 1987 ON POSSIBLE MITIGATION MEASURES AND HOW THEY CAN BE IMPLEMENTED.} $7-94 1. Closed hearing - Gordon Mathews - General Plan amendment from {2280} orchard and field crops to industrial, rezone from U *** (unclassified) to M-2 (heavy industrial}, and a development agreement for a 50-year gravel extraction and processing plant lease on property located approximately 1-1/2 miles west of State Highway 70, along the Feather River and seven miles south of Oroville, 3/4 mile south of Palermo Road, 1/2 mile north of Power House Hill Raad, identified as AP 25-16-~ 47, south of Oraville {File 86-31 A, B, C). {from 1/20/87) Page T65 February 10, T987 87-94 2. Closed hearing - Darrel W. Kister - appeal of Gordon Mathews (Cont'd) mining permit and reclamation plan to allow gravel extraction and a processing plant on a 51-acre site for up to 50 years (proposed mitigated negative declaration regarding environmental impact) an property located approximately 1-1/2 miles west of State Highway 70, along the Feather River and seven miles south of Oroville, 3/4 mile north of Power House Hill Road, identified as AP 25-15-47, south of Oroville. (from 1/z01s7) (SUPERVISOR FULTON PRESENT AT THIS TIME.) Motion: ADOPTED MOTION AS SUGGESTED IN MEMO FROM PLANNING DATED FEBRUARY 5, 1987, FINALIZING THE ADOPTION OF RESOLUTION 87-21 APPROVING THE GENERAL PLAN AMENDMENT AND ORDINANCE 2582 APPROVING THE REZONE, WITH FINALIZATION OF THE REST OF IT AFTER THIRTY DAYS, AMENDING ITEM "G" TO FURTHER REFINE CONDITIONS REGARDING THE START OF THE PROJECT. S M Vote: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried) 87-95 Closed hearing - NorthStar Engineering (178) Robert Skillin, appeals the Advisory Agency' subdivision map (proposed mitigated negative environmental impact), AP 40--05-09 and AP property located on the south side of intersection with Oroville-Chico Highway, 1/27187) - an behalf of s denial of tentative declaration regarding 40-11-69, 18 lots, Mesa Road at its Durham area. (f ram Motion: FINALIZED MOTION OF INTENT THAT THIS PROJECfi CONFORMS TO THE GENERAL PLAN, FINDING THAT THE DIVISION OF THE 180 ACRE SKILLEN RANCH INTO PARCELS OF LESS THAN 20 ACRE PARCELS CONFORMS TO THE 5 ACRE CONDITIONAL CRITERIA OF THE AGRICULTURAL-RESIDENTIAL DESIGNATION ONSITE. A 100 FOOT BUILDING SETBACK FROM THE SOUTH PROPERTY LINE WOULD PROTECT AGRICULTURAL USES FROM ENCROACHMENT BY RESIDENTIAL USES TN THE IMMEDIATE PROXIMITY OF PROPERTY LINES. WATER STORAGE WILL BE PROVIDED FOR USE BY CDF, BUTTE COUNTY FIRE. MESA ROAD AND OROVTLLE-CHTCO HIGHWAY WILL BE IMPROVED TO ACCOMMODATE INCREASE TRAFFIC GIVEN THE FLAT TERRAIN PROXIMITY TO DURHAM AND PROPOSED DEVELOPMENT DENSITY, THE PROJECT HAS REASONABLE ACCESSIBILITY TO COMMERCIAL SERVICES AND SCHOOLS M S Vote: ~. Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried) Page 1b6 February 10, 1987 Communications 87-99 Communications received and referred. (COPIES OF ALL COMMUNICATIONS ARE AVAILABLE IN THE CLERK OF THE BOARD OFFICE.) a. Thomas M. Dunn, dba Tom's Disposal -writes commenting on the Solid Waste Task Force recommendations. (REFERRED TO PUBLIC WORKS DIRECTOR AND PUBLIC HEALTH DIRECTOR) b. Mrs. Linda Buck Chico - writes concerning the disposal of household paint and motor oil. (REFERRED TO PUBLIC WORKS DIRECTOR AND PUBLIC HEALTH DIRECTOR.) Adjournment: There being nothing further before the Board at this time the meeting was adjourned at 3:41 p.m. to reconvene at 9:00 a.m. on February 24, 1987. ATTEST: MARTIN d. NICHOLS. Chief Administrative Officer and Clerk of the Board By Page 16$ February 10, 19$7 87-95 Motion: REFERRED MAP BACK fi0 THE ADVISORY AGENCY FOR REHEARING. {Cant'd} M S Vote: l Y 2 Y 3 Y 4 Y 5 Y {Unanimously carried) Recess: 12:25 p,m. Reconvene: 2:13 p.m. (SUPERVISOR MCLAUGHLIN ABSENT AT THIS TIME.) 87-96 Public comment. (NO ONE APPEARED.} Closed Session: The Board recessed at 2:15 p.m. for a closed session on the three Chico lawsuits {Southeast Bond, Downtown RDA, North Valley Mall) and a workers compensation case, Mr. Wertheim. Reconvene: The Board reconvened at 3:35 p.m. {SEE FOLLOWING MINUTE ORDER.) 87-97 Report on closed session. {374) Motion: AUTHORIZED COUNTY COUNSEL TO INITIATE THE NECESSARY LEGAL PROCEEDINGS TO APPEAL JUDGE PATRICK'S DECISION IN THE SOUTHEAST RDA. M S Vote: 1 Y 2 N 3 Y d AB 5 Y (Motion carried) Public Hearings and Timed Items 87-98 Michael W. Cannon -appeals the Advisory Agency's approval of tentative parcel map {proposed mitigated negative declaration regarding environmental impact}, AP 11-35--34, two parcels, property located on both sides of Helltown Road approximately 1,360 feet northwest of Centerville Road, Butte Creek Canyon area. {SEE MINUTE ORDER 87-91.} Motion: RESCINDED PRIOR MOTION ON THIS ITEM AND SET HEW HEARING DATE FOR MARCH 3, 1987 AT 11:00 A.M. S M Vote: 1 Y 2 N 3 Y 4 AB 5 Y {Motion carried) Page 167 February 10, 1987