HomeMy WebLinkAboutM030188~/
March ~ 1988
Call to order - Board of Supervisors room, County Administration
Building, 25 County Center Drive, Oroville. Present: Supervisors
Dolan, Fulton, McLaughlin, Vercruse and Chairman Mclnturf.
Martin J. Nichols, chief administrative officer; Susan Roff, county
counsel; and Carol Roach, deputy clerk of the Hoard.
Pledge of allegiance to the Flag of the United States of America.
__... . .
88--127 Items removed from Consent Agenda for Board consideration and
action.
1. Ordinance amending Chapter 26 of the Butte County Code to
incorporate minor revisions in Building Code administration and
flood control provisions - action requested - WAIVE THE FIRST
READING OF THE ORDINANCE.
2. Agricultural biologist hiring - Board authorization is requested
to hire a candidate at "C" step of the salary range -action
requested - AUTHORIZE ADVANCE STEP HIRING.
Consent A-genda~44?
88-128 1. Budget transfers -- action requested - APPROVE BUDGET TRANSFER B-
133 (FUBLIC HEALTH).
2. County Library donations - in accordance with Government Code
Section 25355 a donation of $200 has been received from the
Gridley Branch friends of the Library for the purchase of
books - action requested - ACCRPT DONATION AND AUTHORIZE LETTER
OF APPRECIATION.
3. County Library donations - in accordance with Government Code
Section 25355 a donation of $272 has been received for the Chico
Branch of the Butte County Library - action requested -ACCEPT
DONATION AND AUTHORIZE LETTER OF APPRECIATION.
4. Appointment to Law Library Board of Trustees - action
requested - APPOINfi RAOUL J. i~eCLERC, BAR ASSOCIATION
REPRESENTATIVE, TO SERVE UNTIL JANUARY 1, 1989.
Page 55 March 1, 19$8
March 1l 1988
5. Appointments to Bangor Cemetery District - action requested -
APPOINT W. E. ROMINGER, OLEO RUSSELL, AND MRS. WAYNE CLEM TO
SERVE UNTIL JANUARY 18, 1991.
6. Appointment to Board of Appeals for Handicapped Facilities -
actian requested -REAPPOINT PEGGY HORTON PAYNE, ALTERNATE
MEMBER, TO SERVE UNTIL JANUARY 18, 1990.
7. Gilbert and Elanar Powers, Oroville -file a claim in the amount
of $25,400 as a result of alleged injuries and damages sustained
on or about October 22, 1987 involving the Butte County
Interagency Narcotics Task Force -action requested - REJECT
CLAIM AND REFER TO COUNTY COUNSEL AND RISK MANAGEMENT.
8. Suzanne B. Smith, Oroville -files a claim in the amount of
$1,000,040 as a result of alleged damages sustained between
April 1987 and January 15, 1988 while incarcerated in the Butte
County Jail -action requested - REJECT CLAIM AND REFER TO
COUNTY COUNSEL AND RISK MANAGEMENT.
9. Juvenile Hall Proposition 52 grant -the California Youth
Authority has awarded Butte County $115,400 from Proposition 52
monies for deferred maintenance projects at the Juvenile Hall -
action requested - ACCEPfi GRANT.
10. Sheriff's Office typewriter - the department requests Board
authorization to purchase a typewriter for the radio
communications center at an estimated cost of $500 with funding
coming from within the department's fixed asset funds -action
requested - APPROVE PURCHASE OF FIXED ASSET ITEM.
11. 1986-87 audit report - Coopers and Lybrand, certified public
accountants, have completed the audit of financial statements
for the fiscal year ending June 30, 1987 and submit the
following reports: Report to Management, General Purpose
Financial Statements, Office of Criminal Justice Planning
Grants, Nontransit Fund and Transit Fund - action requested -
ACCEPT AUDIT REPORTS AND DIRECT CHIEF ADMINISTRATIVE OFFICER TO
SECURE DEPARTMENT COMMENTS TO THE REPORT TO MANAGEMENT.
12. Salary ordinance amendment - the recent reclassification of
positions in the District Attorney's Office was intended to
consider parallel classes in County Counsel. To address both
departmental classes, a reclass of legal secretary to legal
secretary II or legal services assistant is recommended - action
requested - WAIVE THE SECOND READING AND ADOPT ORDINANCE 2663.
13. Salary ordinance amendment - the salary ordinance provides far
combining of positions into one budget unit in the Welfare
Department -action requested - WAIVE THE SECOND READING AND
ADOPT ORDINANCE 2664.
Page 56 March 1, 1988
March 1, 1988
14. Salary ordinance amendment -the ordinance reclassifies
positions in the County Clerk-Recorder's Office and adds two
microfilm technician positions - action requested -WAIVE THE
FIRST READING OF THE ORDINANCE.
15. Ordinance establishing speed limits -the Public Works
Department has completed traffic studies and recommends roads be
speed zoned as follows: Palermo-Honcut Highway (from Lower
Honcut Road to 0.6 miles north} to 35 mph and Northwood Drive
(from Rosewood Drive to Imperial Way) to 25 mph -action
requested - WAIVE THE FIRST READING OF THE ORDINANCE.
16. Temporary road closure -the Chico Velo Cycling Club is
requesting a temporary road closure on Honey Run Road from 8-
11:00 a.m. on May 7, 1988 from Rocking M Ranch at the bottom to
the intersection with Little Grand Canyon at the top, subject to
conditions set forth by Public Works and the California Highway
Patrol. Public Works does not recommend the barricading of a
seven-mile stretch of Skyway between Paradise and Chico - action
requested -AUTHORIZE TEMPORARY CLOSURE OF ROAD AS RECOMMENDED,
SUBJECT TO CONDITIONS.
17. Construction of Cox Lane Bridge, Bridge Replacement Project
No. BROS-007(19} - plans and specifications have been completed
for the budgeted project - action requested - APPROVE THE PLANS
AND SPECIFICATIONS; AUTHORIZE THE CHAIRMAN AND DIRECTOR OF
PUBLIC WORKS TO SIGN THE PLANS; ADOPT THE WAGE SCALE: AND SET
BID OPENING FOR MARCH 24, 1988 AT 11:00 A.M. IN THE PUBLIC WORKS
OFFICE, SUBJECT TO CALTRANS AND FEDERAL HIGHWAY ADMINISTRATION
APPROVAL.
18. Program Supplement Nos. 48 and 49 - Master Agreement Na. 03-
5912 - the program supplements cover funding for the
construction of the extension of Ophir Road from Lincoln Blvd.
to Lower Wyandotte Road. Supplement No. 48 is for the FAS
portion from Wyman Ravine to Lower Wyandotte Road {RS-V363(001?)
in the amount of 5555,000 (federal funds, $479,742 and state,
$75,258) and Supplement No. 49 is for the FAU funded portion of
Lincoln Blvd. to Wyman Ravine (M-V363{001}) with funding at
$468,000 (federal funds, $320,718 and state, $147,282}. County
matching share is to be provided by state matching funds -
action requested - ADOPT RESOLUTION 88-029 APPROVING SUPPLEMENT
NOS. 48 AND 49 AND AUTHORIZE THE CHAIRMAN TO SIGN.
19. Computerized traffic control devise inventory system agreement -
an agreement has been prepared with Associated Transportation
Engineers in the amount of 518.100 to customize software,
prepare computer specifications, conduct field survey and
associated work as part of an Office of Traffic Safety grant -
action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIRMAN
TO SIGN.
Page 57 March 1, 1988
March 1 1988
24. Request for Proposal - recent testing of Public Works fuel tanks
identified a leaking diesel tank in the Chico corporation yard
which has subsequently been removed. Public Works requests
Board authorization to issue a Request for Proposal to
investigate the potential for contamination and to recommend
appropriate action - action requested - AUTHORIZE ISSUANCE OF
REQUEST FOR PROPOSAL.
21. Legal services agreement - an agreement has been prepared with
the firm of Minasian, Minasian, Minasian, Spruance, Bober, Meith
and Snares to represent the county in the Daniel F. Hays vs.
County of Butte case {Superior Court No. 93610) in the amount of
$100 per hour, plus expenses - action requested -APPROVE
AGREEMENT AND AUTHORIZE THE CHAIRMAN TO SIGN.
22. Eca-Analysts contract - a contract has been prepared with the
firm to prepare an environmental impact report for a General
Plan Amendment, rezone and tentative subdivision map application
for Glen Biggs an AP 60-7-21, 22 and AP 60-08-24. The contract
is in the amount of $14,d58 -action requested -APPROVE
AGREEMENT AND AUTHORIZE THE CHAIRMAN TO SIGN.
23. State Arts Council Grant - action requested -AUTHORIZE THE
CHIEF ADMINISTRATIVE OFFICER TO SIGN GRANT DOCUMENTS AND
NEGOTIATE A CONTRACT WITH THE UNIVERSITY FOUNDATION TO
ADMINISTER THE ARTS PROGRAM ON BEHALF OF THE COUNTY.
MOTION: TO APPROVE CONSENT AGENDA WITH ITEMS 3,16 AND 3.25 REMOVED.
M S
VOTE: ~. Y 2 Y 3 Y 4 Y 5 Y {Unanimously carried)
Recrular Agenda
88-129 Items removed from the Consent Agenda for Board consideration and
action. {50)
1. Ordinance amending Chapter 2fi of the Butte County Cade to
incorporate minor revisions in Building Cade administration and
flood control provisions -- action requested - WAIVE THE FIRST
READING OF THE ORDINANCE. {NO ACTION TAKEN.)
2. Agricultural biologist hiring - Board authorization is requested
to hire a candidate at "C" step of the salary range -action
requested - AUTHORIZE ADVANCE STEP HIRING.
MOTION: MOVE TO AUTHORIZE ADVANCE STEP HIRING.
M S
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y {Unanimously carried)
Page 58
March 1, 1988
March 1 1988
88-130 Appointments - commissions and committees. (88)
a. Appointment to Air Pollution Control Board.
MOTION: MOVE TO APPOINT MILTON LaMALFA, FARMER, AS A PUBLIC MEMBER
OF THE AIR POLLUTION CONTROL BOARD.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried}
8 8 131 Public Library Foundat
prepared to appropriate
which has been received
B-131. {104)
MOTION: MOVE TO APPROVE
S
VOTE: l Y 2 Y 3
88-132 Consider selection of
requested: {115) (**00)
ion grant -budget transfer B-131 has been
$54,078 from the Public Library Foundation
- action requested - APPROVE BUDGET TRANSFER
BUDGET TRANSFER B-131.
M
Y 4 Y 5 Y (Unanimously carried}
long-term funding of libraries -action
a. ADOPT RESOLUTION PLACING SALES TAX OVERRIDE ON THE JUNE BALLOT.
b. ADOPT RESOLUTION PLAGING GANN LIMIT OVERRIDE
AUTHORIZATION ON THE JUNE BALLOT.
c. ADOPT RESOLUTION PLACING AN AMENDMENT TO THE COUNTY CHARTER
DEDICATING COUNTY REVENUE TO THE LIBRARY ON THE JUNE BALLOT.
MOTION: MOVE THAT IT IS
MEASURES, ON THE
ITEM 4.04 A, B AND
WE WOULD FINALIZE
WE WOULD SO DESIGi
9:00 a.m.
S
VOTE: 1 N 2 Y 3 N
OUR INTENTION TO PLACE A MEASURE, OR
JUNE BALLOfi THAfi CONSTITUTE BASICALLY
C AS SHOWN ON THE MARCH 1, 1988 AGENDA.
THIS LANGUAGE AT A SPECIAL MEETING WHICH
VATE TODAY AS THE STH OF MARCH, 1988 AT
M
4 Y 5 Y {Nation carried?
88-133 Consideration of placing state mandates advisory measure on the June
ballot - action requested -ADOPT RESOLUTION PLACING ADVISORY
MEASURE ON THE JUNE BALLOT. {NO ACTION TAKEN.) {575}
RECESS: 10:55 A.M.
RECONVENE: 11:18 A.M.
(SUPERVISOR McLAUGHLIN ABSENT}
Page 59
March 1, 1988
``_
March ~ 1988
Public Hearings and Timed Items
88-134 Public hearing - Lonnie Watkins - consideration of rezone (negative
declaration regarding environmental impact) firom "U" (unclassified)
to SR-1 {suburban - residential, one acre parcels), located on the
north side of Entler Avenue, 1200 feet east of the Midway,
identified as AP 040-04-0-022, 23, Chico. {File 8$-21) {600)
MOTION: MOVE THAT WE FIND THAT THE REQUIREMENTS OF CEQA HAVE BEEN
COMPLETED AND CONSIDERED AND ADOPT A NEGATIVE DECLARATION;
AND FIND THAT THE REZONE COMPETES WITH THE GENERAL PLAN
DESIGNATION OF AGRICULTURAL RESIDENTIAL AND IS COMPATIBLE
WITH SURROUNDING PROPERTIES AND NOT DETRIMENTAL TO THE
HEALTH OR GENERAL WELFARE OF PERSONS RESIDING OR WORKING IN
THE NEIGHBORHOOD OR TO THE GENERAL HEALTH, WELFARE, AND
SAFETY OF THE COUNTY; AND THAT WE ADOPT ORDINANCE 2665
REZONING TO SR-1 THAT PROPERTY IDENTIFIED AS AP 040-04-0-
022 AND 023.
M S
VOTE: 1 Y 2 Y 3 Y 4 AB 5 Y {Nation carried)
Regular Agenda
{SUPERVISOR McLAUGHLIN PRESENT)
88-135 Emergency repairs - 3 County Center Drive - the high winds of
February 28, 1988 caused considerable roof damage at 3 County Center
Drive necessitating repairs which staff believes are covered by
Government Code Section 54956.5 and Public Contracts Code
Section 20134{a) - action requested - MAKE FINDING THAT THE STORM IS
A DISASTER WHICH IMPAIRS PUBLIC HEALTH, PUBLIC SAFETY, OR BOTH AS
DEFINED BY GOVERNMENT CODE SECTION 54956.5; MAKE FINDING OF GREAT
EMERGENCY AS DEFINED BY PUBLIC CONTRACTS CODE SECTION 20134; AND
AUTHORIZE THE PURCHASING OFFICER TO NEGOTIATE FOR THE NECESSARY ROOF
REPAIRS OR REPLACEMENT. {650)
MOTION: MOVE TO MAKE A FINDING THAT THIS IS AN EMERGENCY AGENDA
ITEM WHICH NEEDS TO BE CONSIDERED fiODAY.
M S
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
MOTION: MOVE TO MAKE A FINDING OF GREAT EMERGENCY AS DEFINED BY
PUBLIC CONTRACTS CODE SECTION 20134; ANA AUTHORIZE THE
PURCHASING OFFICER TO NEGOTIATE FOR THE NECESSARY ROOF
REPAIRS OR REPLACEMENT.
S M
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
Page 60
March 1, 1988
March 1~ x.988
Public Hearings and Timed Items
88-136 Public hearing - Butte County Planning Commission - rezone
properties zoned "U" (item on which an environmental impact report
was previously certified? to an agricultural zone consistent with
Greenline policies (A-20 through A-260) and the Land Use Element,
located west of the Chico Urban Area Greenline, east side of Dayton
Road, southwest of Southern Pacific Railroad and north of Orchard
Way, and on both sides of Midway from Hegan Lane to approximately
1/~4 mile south of Oroville-Chico Highway, Chico. (File 88-7} (824}
MOTION: MOVE TO FIND THAT THE REQUIREMENTS OF CEQA HAVE BEEN
COMPLETED AND CONSIDERED AS DESCRIBED IN THE INITIAL STUDY
AS SET I"ORTH IN EXHIBIT A-1; AND ADOPT OVERRIDING FINDINGS
AS SET FORTH IN EXHIBIT A-2 AND READOPT THE 1982 CHICO
URBAN AREA LAND USE PLAN EIR ON FILE IN THE PLANNING
DEPARTMENT AND INCORPORATED BY REFERENCE; AND FIND THAT THE
PROPOSED ZONING COMPLIES WITH ALL ELEMENTS OF THE BUTTE
COUNTY GENERAL PLAN: AGRICULTURAL-RESIDENTIAL DEVELOPMENT
POLICIES, AND CHICO URBAN AREA LAND USE POLICIES, AND WILL
BRING THE ZONING AND GENERAL PLAN INTO CONFORMITY AS
REQUIRED BY GOVERNMENT CODE SECTION 65860; ANA ADOPT
ORDINANCE 2666 APPROVING THE REZONE TO A-24 IN AREAS 1a~
1b, AND 3, AND APPROVING A REZONE TO A-44 IN AREA TWO AS
SET FORTH TN EXHIBIT A-3. EXHIBITS ARE ATTACHED TO PLANNING
COMMISSION MEMORANDUM DATED FEBRUARY 18, 198$.
M S
VOTE: Z Y 2 Y 3 Y 4 N 5 N (Motion carried)
Rectular Agenda
88--137 Consider selection of long-term funding of libraries -- action
requested: (ITEM RECALLED AND MOTION RESTATED} (1600}
a. ADOPT RESOLUTION PLACING SALES TAX OVERRRIDE ON THE JUNE BALLOT.
b. ADOPT RESOLUTION PLACING GANN LIMIT OVERRIDE AUTHORIZATION ON
THE JUNE BALLOT.
c. ADOPT RESOLUTION PLACING AN AMENDMENT TO THE COUNTY CHARTER
DEDICATING COUNTY REVENUE TO THE LIBRARY ON THE JUNE BALLOT.
MOTION: MOVE TO HOLD A GENERAL MEETING ON MARCH 8, 19$8, 9:40 A.M.,
TO DISCUSS LIBRARY FUNDING OPTIONS AND TO DEVELOP SPECIFIC
LANGUAGE WITH REFERENCE TO THE OPTIONS IN ITEM 4.44A, B AND
C OF THE MARCH 1, 19$8 BOARD AGENDA.
S M
VOTE: 1 N 2 Y 3 Y 4 Y 5 Y (Motion carried}
Page 61
March 1, 1988
March 1. 1988
Public Hearings and Timed Items
88-i38 Public hearing - Butte County Planning Commission - rezone
properties now zoned "U" (unclassified) (item on which an
environmental impact report was previously certified} to a zone
compatible with the General Plan, including A-5, 20 and 40
(agricultural, five, 20 and 40 acre parcels); R-1, 2, 3, 4
(residential); C-1 (light commercial}; S-R {suburban-residential}
and P-Q (public/quasi-public} on property located west of Highway
99, east of the Chico Greenline from Mud Creek, south to East First
Avenue, Chico. (File 88-17} (1675)
(SUPERVISOR FULTON ABSENT}
MOTION: MOVE THAT WE ADOPT THE PLANNING COMMISSION'S FINDINGS AND
RECOMMENDATIONS EXCEPT FOR THOSE AREAS RECOMMENDED FOR R-2;
THAT WE REFER THOSE AREAS IDENTIFIED ON EXHIBIT B-4 AS
1.1, 5.5 AND 5.7 TO THE PLANNING COMMISSION FOR THEIR
DELIBERATION AND RECOMMENDATION BACK TO US FOR R-1; AND
ADOPT ORDINANCE 2667 AS MODIFIED.
M S
VOTE: 1 Y 2 Y 3 Y 4 N 5 AB (Motion carried)
(SUPERVISOR FULTON PRESENT)
88-139 CLOSED SESSION: The Board recessed to hold a closed session pursuant
to Section 54956.9(a) of the Government Code on pending litigation
as follows: Organ v. Dolan; Midway Orchards v. County of Butte;
McMann v. Dolan; Mason v. County of Butte, and 3ones v. Brooks, and
a meet and confer item.
RECONVENE: The Board reconvened at 2:03 p.m. following a closed
session regarding litigation and meet and confer. (NO
ANNOUNCEMENTS MADE.}
Fublic Hearings and Timed Items
88-140 Butte County Planning Commission - public hearing to review and
evaluate the location of the Chico Area Greenline (item on which an
environmental impact report was previously certified) in accordance
with the amendment and review policy of the Chico Area Land Use Plan
adopted by the Butte County Board of Supervisors Resolution 82-122,
August 3, 1982. (File 8$-6) {NO ACTION fiAKEN UPON RECOMPIENDATION OF
COUNTY coUNSE~.}
Page 62
March 1, 1988
.~~
March ~ 1988
88-141 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.)
(NONE)
ADJOURNMENT: There being nothing further before the Board at this
time the meeting was adjourned at 2:06 p.m. to
reconvene on Tuesday, March 8, 1988 at 9:00 a.m.
ATTEST:
MARTIN J. NICHOLS, Administrative
Office and erk of the Berard
By-
~.
Chairman, Board of Supervis s
Page 63
March 1, 1988