HomeMy WebLinkAboutM041691f.~•
April 15 ,__ 1991
Call to order - Board of Supervisors room, County
Administration Building, 25 County Center Drive,
Oroville. Supervisors Campbell, Fulton, Mclnturf,
McLaughlin and Chair Dolan 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.
91-151 Items removed from the Consent Agenda for Board
consideration and action.
1. Fire protection services agreement - the annual fire
protection services agreement with the State
Department of Forestry and Fire Protection has been
prepared in the amount of $3,560,481 covering fire
protection services for local agencies for 1990/91 -
action requested - ADOPT RESOLUTION APPROVING THE
AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN.
2. John Dougherty agreement - proposed is an agreement
for consulting services on an organizational
restructuring analysis which commences this date to
June 10, 1991 with total compensation not to exceed
$4,200 - action requested - APPROVE AGREEMENT AND
AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF
COUNTY COUNSEL AND AUDITOR-CONTROLLER.
91-152 ~ Consent Agenda
1. Budget transfers - action requested - APPROVE BUDGET
TRANSFERS B-139 (SHERIFF ADMINISTRATION}, B-142
(WATER RESOURCES GRANT), B-144 (PUBLIC HEALTH -
MEDICAL SERVICES}, B-145 {SHERIFF OPERATIONS), B-
146 (LIBRARY - LITERACY), B-147 (COUNTY COUNSEL),B-
148 (MENTAL HEALTH - ALCOHOL SERVICES}, B-151
(LIBRARY - CENTRAL), AND B-152 (JWENILE HALL).
Page 115 April 16, 1991
A~aril 16. 1991
91-152 2. County library donation - in accordance with
Government Code Section 25355, an anonymous donation
of $235 has been received for the Butte County trust
fund for the purchase of books - action requested -
ACCEPT DONATION.
3. Appointment to Bangor Cemetery District - action
requested - REAPPOINT W. E. "BILL" ROMINGER TO SERVE
UNTIL JANUARY 18, 1995.
4. Appointment to Emergency Medical Care Committee -
action requested - APPOINT STEVE BROWN AS FIRE
SERVICE REPRESENTATIVE.
5. Appointments to Maternal Child and Adolescent
Health Board - action requested - REAPPOINT RICHARD
S. COUK, DDS (PROFESSIONAL MEMBER}, ELLI MOON, RN
(SCHOOL PROFESSIONAL), AND GWIN RICHTER, RN, MSN
(SCHOOL HEALTH MEMBER} TO SERVE UNTIL MARCH 1, 1994.
6. Appointment to Mental Health Advisory Board -action
requested - APPOINT BARBARA NASH, FAMILY/CONSUMER,
TO SERVE UNTIL DECEMBER, 1992,
7. Appointments to Thompson Flat Cemetery District -
action requested - REAPPOINT EDWARD WRIGHT AND DAVID
P. EDWARDS, JR., AND APPOINT BILL CHAPMAN TO SERVE
UNTIL APRIL 1, 1995.
8, Appointment to Tri-County Economic Development
District and Tri-County Small Business Development
Advisory Committee - action requested - REAPPOINT
DAVE RAVEN TO SERVE UNTIL JUNE 30, 1992.
9. Final map - amended Clear Creek Subdivision, three
lots, AP 41-42-51, 52 and 53, property located on
the southeast corner of Clark Road and Hidden Valley
Road, Butte College area - action requested --
APPROVE FINAL MAP, AND ACCEPT EASEMENTS AS GRANTED
TN ITEMS 1 AND 2 OF THE OWNER'S STATEMENT ON BEHALF
OF THE AGENCIES LISTED.
10. Dick Bjork, guardian of a minor - files a claim in
the amount of $250,000 for alleged injuries and
damages sustained on or about February 28, 1991 in
an incident involving child protective services --
action requested - REJECT CLAIM AND REFER TO COUNTY
COUNSEL AND RISK MANAGEMENT.
Page 116
April 16, 1991
April 16, 1991
91~-152 11. Probation Department - Board authorization is
requested to purchase a refrigerator for the
department's Anti-Drug Special Supervision Unit to
be used for the storage of perishable presumptive
urinalysis drug testing kits and samples. The cost
of the refrigerator is not to exceed $900 from 100
percent State funding - action requested - APPROVE
PURCHASE OF FIXED ASSET ITEM.
12. New fire engine 42, North Chico - the Purchasing
Department requests that the Board award a contract
to Westates Truck Equipment Corporation for the fire
body portion of the new engine 42. This contract
has been bid and awarded through the State Office
of Emergency Services for $105,000 - action
requested - APPROVE PURCHASE OF FIXED ASSET ITEM.
13. Investment information report -- the Treasurer/Tax
Collector submits the March 31, 1991 report in
accordance with AB 1073 and the County's investment
policy - action requested - ACCEPT FOR INFORMATION.
14. Resolution proclaiming the week of April 14-20 as
National Library Week - action requested - ADOPT
RESOLUTION 91-42 AND AUTHORIZE THE CHAIR TO SIGN.
15. Sheriff's revaluing fund for extradition - Board
authorization is requested to increase the revolving
fund from $10,000 to $20,000 to provide adequate
monies to handle increased costs during the extended
time required for State reimbursement. The Audator-
Controller concurs with the request - action
requested - ADOPT RESOLUTION 91-43 AND AUTHORIZE THE
CHAIR TO SIGN.
16. Program supplement na. 56 - Public Works - a
resolution has been prepared authorizing execution
of program supplement no. 56 to 1oca1 agency - state
agreement no. 03-5912 for federal aid projects as
follows: $735,047, federal funds -- $120,953, state
matching funds, reconstruction of LaPorte Road from
0.5 miles west of Loma Rica Road to 1.4 males east
of Loma Rica Road, federal aid secondary project no.
RS-V364 (3 ) - action requested - ADOPT RE50LUTTON 91-
44 AND AUTHORIZE THE CHAIR TO SIGN.
Page 117
April 16, 1991
A ril 16 1991
91-152 17, California Energy Commission Grant - a resolution
has been prepared authorising the submittal of an
application for a grant to update the Butte County
Code to implement the policies of Energy, Natural
Resources and Recreation of the Butte County General
Plan, and authorizes the Planning Director to
execute on behalf of the County all necessary
applications, contracts, and agreements and
amendments thereto - action requested - ADOPT
RESOLUTION 91-45 AND AUTHORIZE THE CHAIR TO SIGN.
18. Connerly & Associates, Inc. - proposed is a
consultant services agreement to revise and update
the County's General Plan Housing Element. The term
of the agreement is six months from date of
execution, and for compensation not to exceed
$7,000 - action requested - APPROVE AGREEMENT AND
AUTHORIZE THE CHAIR TO SIGN.
19. Planned Parenthood Shasta/Diablo - proposed is an
agreement wherein the County Department of Public
Health laboratory will perform selected laboratory
testing effective March 1, 1991 - action requested -
APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN
SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE
AUDITOR-CONTROLLER.
20. 991/93 Maternal Child Health multiyear funding -
under the terms of the program, the State Department
of Health Services will make available 100 percent
State funding for selected program activities
directed toward mothers and children -- action
requested - APPROVE APPLICATION AND AUTHORIZE THE
CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL
AND THE AUDITOR-CONTROLLER.
21. "R" House - proposed is an amendment to the
agreement to provide planning and program
development services to Alcohol and Drug Services.
The amendment extends the agreement through June 30,
1991 at a maximum fiscal year cost of $53,246 -
action requested - APPROVE AGREEMENT AMENDMENT AND
AUTHORIZE THE CHAIR TO SIGN.
22. SB 185 (Thompson} - increases the penalties for
anyone convicted of attempting to evade a peace
officer by driving a vehicle at high speeds - action
requested .» AUTHORIZE LETTER OF SUPPORT,
Page 118
April 16, 1991
April 16, 1991
91-152
23. Chico Velo Cycling Club - Board authorization is
requested for the closure of Honey Run Road from
approximately two miles east of Centerville Road to
the Paradise Town limits on Saturday, April 27,
1991 for a bicycle race pursuant to issuance by the
Sheriff of parade permits. The Public Works
Director does not object to the permits with noted
modifications - action requested - AUTHORIZE ROAD
CLOSURE.
2~. Film Liaisons in California, Statewide (FLICS) -
the Chico Visitor and Information Bureau (CVIB) and
the Association of Butte County Chambers of Commerce
request Board endorsement of Susan Peterson of the
Chico Visitor and Information Bureau (CVIB) as the
Butte County representative to FLICS - action
requested - APPROVE ENDORSEMENT LETTER AND AUTHORIZE
THE CHAIR TO SIGN.
MOTION: MOVE TO APPROVE THE CONSENT AGENDA WITH THE
REMOVAL OF ITEMS 3.17 AND 3.23.
S M
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
Regular Agenda
91-153 Items removed from the Consent Agenda for Board
consideration and action.
1. Fire protection services agreement - the annual fire
protection services agreement with the State
Department of Forestry and Fire Protection has been
prepared in the amount of $3,560,81 covering fire
protection services far local agencies for 1990/91 -
action requested - ADOPT RESOLUTION APPROVING THE
AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN.
MOTION: MOVE TO ADOPT RESOLUTION 91-46 APPROVING THE
AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN.
M S
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried}
Page 119
April 16, 1991
..~
Aoril 16, 1991
91-154 2. John Daugherty agreement - proposed is an agreement
for consulting services on an organizational
restructuring analysis which commences this date to
June 10, 1991 with total compensation not to exceed
$4,200 - action requested - APPROVE AGREEMENT AND
AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF
COUNTY COUNSEL AND AUDITOR-CONTROLLER.
MOTION: MOVE TO APPOINT A BOARD COMMITTEE OF CHAIR
DOLAN AND SUPERVISOR MCLAUGHLIN; APPROVE
AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN
SUBJECT TO APPROVAL OF COUNTY COUNSEL AND
AUDITOR-CONTROLLER.
M S
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
91-155 Appointments - commissions and committees.
a. Appointments to committee vacancies. (NONE)
91-156 Introduction of an ordinance implementing the
classification study - action requested - WAIVE READING
OF THE ORDINANCE. (200}
MOTION: MOVE TO WAIVE READING OF THE ORDINANCE TO
INCLUDE ALL CORRECTIONS PROVIDED TO DATE.
S M
VDTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
91--157 Report on bid opening for reconstruction of LaPorte Road,
federal aid project FAS-RS-V354(3) CRP-L089(127) -action
requested - AUTHORIZE AWARD OF CONTRACT TO LOW BIDDER,
SUBJECT TO FHWA AND CALTRANS APPROVAL. ($86)
MOTION: MOVE AUTHORIZE AWARD OF CONTRACT TO LC?W BIDDER
FRANKLIN CONSTRUCTION, INC., PARADISE, TN THE
AMOUNT OF $589,152.42 SUBJECT TO FHWA AND
CALTRANS APPRDVAL.
M S
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
91-158 Report from Planning Department and code enforcement
regarding status of non-compliance of conditional zoning
requirements at Ielati Fun Park - action requested -
BOARD DIRECTION AND ACTION IF DEEMED APPROPRIATE. (1002)
MOTION: MOVE TO CONTINUE THIS ITEM INDEFINITELY.
M S
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
Page 120
April 16, 1991
Anri1 16, 1991
91-159 Consideration of a request from the Community Action
Agency for a use permit application fee waiver, and a
reduction of the waiting period for approval of a use
permit application. (1151) (ADMINISTRATIVE OFFICE TO
VERIFY THE AVAILABILITY OF FUNDS FOR THE USE PERMIT FEE
WITHIN THE CDBG PROGRAM, AND THE PROCESSING OF THE
APPLICATION TO BE CONDUCTED WITHIN A TIME FRAME THAT
ALLOWS FOR DRAW DOWNS TO BE RECEIVED IN A TIMELY MANNER)
Public Hearin s and Timed Items
{NEIL McCABE, ASSISTANT COUNTY COUNSEL PRESENT)
91-160 Continued hearing - Conflict of Interest Code, Butte
County w Fair Political Practices Cammissian - proposed
is the amendment of the County's Conflict of Interest
Code pursuant to Government Code Section 87306 - action
requested - ADOPT RESOLUTION AMENDING THE BUTTE COUNTY
CONFLICT OF INTEREST CODE AND AUTHORIZE THE CHAIR TO
SIGN. (1620) (HEARING OPENED AND CONTINUED OPEN TO
MAY 7, 1991 AT 11:30 A.M.)
91-161. Public hearing - Rolls, Anderson & Rolls, on behalf of
Gene F. Camp - consideration of an appeal of the
Subdivision Violation Committee's condition (verify legal
access to the parcel from a publicly maintained road in
compliance with Chapter 20, Section 134 of the Butte
County Code) on a conditional Certificate of Compliance,
AP 07-02-117 & 119, one lot, property located 800 feet
north of Eaton Road and 1, 600 feet west of Cohasset Road,
North Chico area. (1657) (HEARING OPENED AND CONTINUED
OPEN TO MAY 21, 1991 AT 10:15 A.M.
Re ular A enda
(WILLIAM H. RANDOLPH, CHIEF ADMINISTRATIVE OFFICER, NOT
PRESENT)
91--162 Mooretown Indian Rancheria - action requested:
A. DEVELOP A POSITION ON THE PLACEMENT OF A RANCHERIA
NEAR PENTZ ROAD IN BUTTE COUNTY; DIRECT STAFF TO
PREPARE THE COUNTY'S COMMENTS TO BE RECEIVED BY THE
APPROPRIATE REVIEWING AGENCY BY APRIL 23, 1991;
B. AUTHORIZE STAFF TO RETAIN A CONSULTANT FOR PURPOSES
OF PREPARING COUNTY'S RESPONSE TO THE TRIBAL FINDING
OF NO SIGNIFICANT IMPACTS (FONSI); AUTHORIZE THE
CHIEF ADMINISTRATIVE OFFICER TO EXECUTE THE CONTRACT
ON BEHALF OF THE COUNTY; AND
Page 121 April 16, 1991
April 16, 3.991
91-162 C. APPOINT A BOARD COMMITTEE OF ONE OR TWO SUPERVISORS
TO PARTICIPATE IN MEETINGS WITH CONGRESSMAN HERGER
AND ANY OTHER NECESSARY REPRESENTATIVES OF HUD AND
THE BUREAU OF INDIAN AFFAIRS. (1774) (**00)
(SUPERVISORS FULTON AND McLAUGHLIN NOT PRESENT}
RECESS: 10:10 A.M.
RECONVENE: 10:30 A.M. (SUPERVISORS FULTON AND
MCLAUGHLIN PRESENT)
91-152 Mooretown Indian Rancheria - action requested:
A. DEVELOP A POSITION ON THE PLACEMENT OF A RANCHERIA
NEAR PENTZ ROAD TN BUTTE COUNTY: DIRECT STAFF TO
PREPARE THE COUNTY'S COMMENTS TO BE RECEIVED BY THE
APPROPRIATE REVIEWING AGENCY BY APRIL 23, 1991;
B. AUTHORIZE STAFF TO RETAIN A CONSULTANT FOR PURPOSES
OF PREPARING COUNTY'S RESPONSE TO THE TRIBAL FINDING
OF NO SIGNIFICANT IMPACTS (FONSI}; AUTHORIZE THE
CHIEF ADMINISTRATIVE OFFICER TO EXECUTE THE CONTRACT
ON BEHALF OF THE COUNTY; AND
C. APPOINT A BOARD COMMITTEE OF ONE OR TWO SUPERVISORS
TO PARTICIPATE IN MEETINGS WITH CONGRESSMAN HERGER
AND ANY OTHER NECESSARY REPRESENTATIVES OF HUD AND
THE BUREAU OF INDIAN AFFAIRS. (1774) (**00)
(SUPERVISOR FULTON NOT PRESENT; SUPERVISOR FULTON
PRESENT}
(SUPERVISOR McLAUGHLIN NOT PRESENT; SUPERVISOR McLAUGHLIN
PRESENT}
Page 122
April 16, 1991
April 16. 199]
91~-162 MOTION: DEVELOP A POSITION ON THE PLACEMENT OF A
RANCHERIA NEAR PENTZ ROAD IN BUTTE COUNTY;
DIRECT STAFF TO PREPARE THE COUNTY'S COMMENTS
TO BE RECEIVED BY THE APPROPRIATE REVIEWING
AGENCY BY APRIL 23, 1991; AUTHORIZE STAFF TO
RETAIN A CONSULTANT FOR PURPOSES OF PREPARING
COUNTY~S RESPONSE TO THE TRIBAL FINDING OF NO
SIGNIFICANT IMPACTS (FONSI}; AUTHORIZE THE
CHIEF ADMINISTRATIVE OFFICER TO EXECUTE THE
CONTRACT ON BEHALF OF THE COUNTY; APPOINT
SUPERVISORS CAMPBELL AND McLAUGHLIN AS A BOARD
COMMITTEE TO PARTICIPATE IN MEETINGS WITH
CONGRESSMAN HERGER AND ANY OTHER NECESSARY
REPRESENTATIVES OF HUD AND THE BUREAU OF INDIAN
AFFAIRS; AND A REQUEST TO SEEK A DELAY OF THE
PUBLIC COMMENT AN ADEQUATE PERIOD UNTIL THE
HYDROLOGY REPORT IS AVAILABLE FOR
DISSEMINATION.
S M
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried}
91-163 Discussion and action on Gridley Prison application
process. (26'78) (~**00)
{SUPERVISOR FULTON NOT PRESENT; SUPERVISOR FULTON
PRESENT}
MOTIDN: MOVE TO CONTACT OUR LEGISLATIVE
REPRESENTATIVES, CALIFORNIA DEPARTMENT OF
CORRECTIONS, AND DUR LOBBYIST, DALE WAGERMAN,
INDICTING THAT WE WOULD OPPDSE ANY SPECIAL
LEGISLATION THAT WOULD BYPASS THE CURRENTLY
EXISTING PROCESSES BY WHICH LAND USE DECISIONS
ARE MADE iN THIS COUNTY. ALSO, THAT WE FEEL
VERY STRONGLY, AND WOULD INSIST THAT A FISCAL
ANALYSIS BE MADE AS TO ITS IMPACTS ON BUTTE
COUNTY.
M S
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
91-164 Update by the Chief Administrative Officer on
Sacramento/legislative activities. (650) (NO ACTION
TAKEN)
91-165 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.) (654) (NONE}
Page 123
April 16, 1991
April 16,__1991
91-166 Communications
Communications received and referred, (COPIES OF ALL
COMMUNICATIONS ARE AVAILABLE IN THE CLERK OF THE BOARD
OFFICE.)
a. NorthStar Engineering on behalf of Patricia and
Brian Robinson - submit a notice of nonrenewal of
a land conservation agreement, and petition to
cancel land conservation agreement on AP 40-1$-53
AND 54 - action requested - REFER TO PLANNING
DIRECTOR AND ASSESSOR.
b. Ken Steidley, Chair, Butte County Coordinating
Council - advises the Board that due to the lack of
monies allocated by the State of California to the
Far Northern Regional Center (FNRC), funds will run
out for the purchase of services for developmentally
disabled individuals on June 9, 1991. Board support
of state legislation to fund services for the
developmentally disabled is requested - action
requested - REFER TO CHIEF ADMINISTRATIVE DFFICER.
c. Senator Mike Thompson, Fourth District - requests
Board support far legislation that will establish
the correct protocol for coordinating joint
prescribed burning operations in California - actian
requested - REFER TO CHIEF ADMINISTRATIVE OFFICER
AND COUNTY FIRE WARDEN.
d. John Almberg, Stirling City - writes regarding snow
plowing and/or removal an a portion of Quartz Street
and in front of the community center - action
requested -- REFER TO PUBLIC WORKS DIRECTOR.
e. Fred Davis, City Manager, City of Chico - forwards
an invitation for attendance at a seminar regarding
Storm Water Management Programs required by the
Federal Environmental Protection Agency on
Wednesday, April 17, 1991 at 7;30 p.m. in the City
Council Chambers - action requested - REFER TO
CHIEF ADMINISTRATIVE OFFICER.
f. Mary Andrews, Mayor, City of Chico - forwards a
request an behalf of the City Council that the Board
agree to hold a joint meeting to discuss the County
General Plan designation of Warner Street in order
that the issue can be resolved and the City and
County can plan for the long-range transportation
needs of the Chico Urban Area - action requested -
REFER TO CHIEF ADMINISTRATIVE OFFICER, AND PLANNING
DIRECTOR.
Page 124
April 16, 1991
A ri1 16 1991
91-166 g. Mary Andrews, Mayor, City
request on behalf of the
County find a permanent,
provide parking for the Chip
requested - REFER TO CHTCO
ADMINISTRATIVE OFFICER,
ADMINISTRATOR.
of Chico - forwards a
City Council that the
long-term solution to
~o Veterans Hall - action
ISSUES COMMITTEE, CHIEF
AND GENERAL SERVICES
h. Mary Andrews, Mayor, City of Chico - notifies the
Board that the City Council, at its meeting of
April 2, 1991, agreed with a recommendation from its
Intergovernmental Committee and the Board's Chico
Issues Committee that the County consider amending
its land grading regulations to conform to those
adopted by the City - action requested - REFER TO
CHIEF ADMINISTRATIVE OFFICER AND PUBLIC WORKS
DIRECTOR.
91-167 CLOSED SESSION: The Board recessed to 12:48 p.m. for
a closed session for the purpose of
actual litigation pursuant to
Government Code Section 54956,9(a)
(Ann Stroud v. County of Butte).
RECONVENE; The Board reconvened at 1:05 p.m.
following a closed session for the purpose
of actual litigation pursuant to
Government Code Section 54956.9(a) (Ann
Stroud v. County of Butte), (NO
ANNOUNCEMENTS)
ADJOURNMENT: There being nothing further before the
Board at this time, the meeting was
adjourned at 1:05 p.m. to reconvene on
Tuesday, April 23, 1991 at 9:00 a.m.
~~vv, c:nair
of Supervisors
ATTEST:
WILLIAM H. RAND~LPH, Chief -i~iistrative Officer
and C erk of ~h~ Board of Supervisors
BY : ~-
Page 125
April 16, 1991