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HomeMy WebLinkAboutM050388May 1 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 Board. Pledge o€ allegiance to the Flag of the United States of America. 88-245 Item removed from the Consent Agenda far Board consideration and action. 1. Fish and Game Commission -the Board has referred to the commission a resolution sponsored by the Sportmen's Council of Northern California which supports repeal of the Private Lands Wildlife Management Program - action requested - DO NOT SUPPORT RESOLUTION $8-1 SPONSORED BY THE SPORTSMEN'S COUNCIL OF NORTHERN CALIFORNIA AND REQUEST THE STATE FISH AND GAME COMMTSSTON TO SEEK WAYS OF REGULATING FEES CHARGED TO HUNT ON WILDLIFE MANAGEMENT AREAS. 88-246 Consent A enda 1. Approval of minutes - action requested - APPROVE MINUTES OF APRIL 19, 1988. 2. Budget transfers - action requested - APPROVE BUDGET TRANSFERS B-143 (HCD REHAB ACCOUNT), 8-180 (BOARD OF SUPERVISORS), B~181 (COUNTY COUNSEL), B-182 SELECTIONS) B-183 (BUILDINGS AND GROUNDS), AND B-184 (BUILDINGS AND GROUNDS). 3. Substandard structure -the Public Health Director requests a public hearing to declare a substandard building at 1242-44 Bruce Street, Chico, AP 005-38-1-005 a public nuisance - action requested - SET A PUBLIC HEARING FOR MAY 24, 1988 AT 11:00 A.M. 4. Appointments to Housing Authority, County of Butte -action requested - REAPPOINT GLADYS WAIDELEY AND JANTCE REYNOLDS AS TENANT MEMBERS TO SERVE UNTIL APRIL 21, 1990. Page 125 2iay 3, 19$8 M~ ~ 1988 5. Appointments to Gridley-Biggs Cemetery District - action requested - REAPPOINT LDWELL P. KING, ROSS A. PIPPITT AND LARENCE D. HAMMAN TO SERVE UNTIL NAY 1, 1992. 6. Appointment to Board of Appeals for Handicapped Facilities - action requested - APPOINT ROCKY BURKS TO SERVE AS ALTERNATE MEMBER UNTIL JANUARY 18, 1990. 7. Appointment to Gridley Memorial Hall -action requested - APPOINT EUGENE STRAW AS THE ROTARY CLUB REPRESENTATIVE TO SERVE UNTIL DECEMBER 31, 1988. 8. Meadowlark Acres Subdivision - Unit II, AP 07-42-40, 41, 42, 43 and 44, 15 lots, located on the east side of Garner Lane, 600 feet north of State Highway 99, Chico area. The developer has provided a letter of credit to guarantee construction of improvements within one year. The developer has also provided an agreement not to oppose formation of an assessment district for drainage facilities in Mud Creek - action requested T APPROVE FINAL MAP, ACCEPT EASEMENTS AS GRANTED IN THE OWNER'S CERTIFICATE ON BEHALF OF THE PUBLIC, ACCEPT GRANT IN FEE SIMPLE NIGHT HAWK COURT AS OFFERED IN THE OWNER'S CERTIFICATE, AND AUTHORIZE CHAIRMAN TO SIGN SUBDIVISION AGREEMENT. 9. Oak Way Subdivision, AP 42-14-100, 15 lots located at the south side of Oak Way, 700 feet east of Glenwood Avenue, Chico area. The developer has provided a cash deposit to guarantee construction of improvements within one year. The developer has also provided an agreement not to oppose formation of an assessment district for drainage facilities in Big Chico Creek - action requested -APPROVE FINAL I~tAP, ACCEPT EASEMENTS A5 GRANTED IN ITEMS A, B AND C OF THE OWNER'S CERTIFICATE ON BEHALF OF THE PUBLIC, NOTE ALMOND VISTA COURT AND 12WFOOT DRAINAGE EASEMENTS AS OFFERED IN ITEMS C AND D OF THE OWNER`S CERTIFICATE ARE NOT ACCEPTED AT THIS TIME, AND AUTHORIZE CHAIRMAN TO SIGN SUBDIVISION AGREEMENT. 10. Suzanne B. Smith, Oroville - files a claim in the amount of $1,800!000 as a result of alleged damages sustained an or about January 29, 1988 and March 11, 1988 in the Butte County Superior Court -action requested - REJECT CLAIM AND REFER TO COUNTY COUNSEL AND RISK MANAGEMENT. 11. Albert A. Lenzi, Jr., attorney at law - an behalf of Dorris L. Myers files a claim in the amount of $275,000 as a result of injuries and damages sustained on or about March 18, 1988 at the intersection of White Avenue and Acorn Court - action requested - REJECT CLAIM AND REFER TO COUNTY COUNSEL AND RISK MANAGEMENT. Page 126 May 3, 1988 M~Y 3~ 1988 12. Barry Roy Dundam, Oroville - files a claim in the amount of $750,00© as a result of alleged injuries and damages sustained an or about January 7, 1988 while incarcerated in the Butte County Jail -action requested - REJECT CLAIM AND REFER TO COUNTY COUNSEL AND RISK MANAGEMENT. 13. Sue Moss, Chico -files a claim in the amount of $25,OOfl alleging injuries and damages as a result of a vehicle accident on River Road on or about February 2b, 1988 - action requested - REJECT CLAIM AND REFER TO COUNTY COUNSEL AND RISK MANAGEMENT. 14. Walter A. Austin, Chico - files a claim in the amount of $10,000 alleging injuries and damages as a result of a vehicle accident on River Road on or about February 26, 1988 - action requested - REJECT CLAIM AND REFER TO COUNTY COUNSEL AND RISK MANAGEMENT. 15. Mary Margaret Austin, Chico - files a claim in the amount of $100,040 alleging injuries and damages as a result of a vehicle accident on River Road on or about February 26, 1988 -action requested -REJECT CLAIM AND REFER TO COUNTY COUNSEL AND RISK MANAGEMENT. 16. Elections Department computer equipment - Board authorization is requested to purchase two computer workstations, one Swingline Model 6325 decollator with paper control unit and one Swingline Model 6390 burster - action requested -APPROVE PURCHASE OF FIXED ASSETS ITEMS. 17. Buildings and Grounds lawn maintenance equipment - Board authorization is requested to purchase two commercial lawn mowers and one commercial sweeper. Budget transfer B-184 has been prepared to provide the necessary appropriation -action requested - APPROVE PURCHASE OF FIXED ASSET ITEMS. 18. Central duplicating equipment - Board authorization is requested to purchase two padding presses. Budget transfer B-184 has been prepared to provide the necessary appropriation - action requested - APPROVE PURCHASE OF FIXED ASSET ITEM. 19, Penalty abatement request - change of ownership report ~ DENY PENALTY ABATEMENT AS RECOMMENDED BY CHIEF ADMINISTRATIVE OFFICER. 20. Hire a Veteran Week - a resolution has been prepared proclaiming May 1-7, 1988 as "Hire a Veteran Week" -action requested ADOPT RESOLUTION 88-049 AND AUTHORIZE CHAIRMAN TO SIGN. Page 127 May 3, 1988 I+Ta~r ~ 1988 21. Approval of plans and specifications - construction of Fourteenth Street from State Highway 162 to Grand Avenue, County Project Na. 25455A-87-1. Plans and specifications have been completed for the project - action requested - APPROVE PLANS AND SPECIFICATIONS; AUTHORIZE CHAIRMAN ANTI DIRECTOR OF PUBLIC TdORKS TO SIGN PLANS; ADOPT WAGE SCALE; AND SET BID OPENING FOR JUNE 2, 1988 AT 11:00 A.M. TN THE PUBLIC WORKS OFFICE. 22. Contract extension - the consultant preparing the environmental impact report far use permit to construct a new elementary school in the Bell-Muir area has requested the contract be extended from March 7 to April 19, 1988. The contract also includes a revised work program, staff and bid price - action requested - APPROVE CONTRACT AND AUTHORIZE CHAIRMAN TO SIGN. 23. Privatization of detox - an agreement has been prepared between the county and Tehama Alcohol Recovery Center to commence the first phase of the planned privatization of the alcohol detax program. The contract is for the period May 1, 1988 through June 30, 1988 in an amount not to exceed $13,259 and provides for: {1) remodeling of the existing facility; (2} obtaining necessary state licenses and certifications; and {3} development of a transition plan - action requested -APPROVE CONTRACT SUBJECT TO APPROVAL BY COUNTY COUNSEL AND AUTHORIZE CHAIRMAN TO SIGN. 24. Butte County' transit claim - the county's FY 1988-89 public transportation claim in the amount of $475,579 is being presented for consideration - action requested - APPROVE GLAIM AND AUTHORIZE THE DIRECTOR DF PUBLIC WORKS TO SIGN. MOTION: T+fOVE TO APPROVE THE CONSENT AGENDA WITH THE REMOVAL OF ITTaM 3.25. S VOTE: 1 Y 2 Y M 3 Y 4 Y 5 Y (Unanimously carried) Re__~u_lar Agenda 88-247 Items removed from the Consent Agenda far Board consideration and action. (34) 1. Fish and Game Commission - the Board has referred to the commission a resolution sponsored by the Sportmen's Council of Northern California which supports repeal of the Private Lands Wildlife I~fanagement Program - action requested -- DO NOT SUPPORT RESOLUTION $8-1 SPONSORED BY THE SPORTSMEN'S COUNCIL DF NORTHERN CALIFORNIA AND REQUEST THE STATE FISH AND GAME COT4PTISSION TO SEEK WAYS OF REGULATING FEES CHARGED TO HUNT ON WILDLIFE PYANAGEPiT'aNT AREAS . Page 128 May 3, 1988 M.~Y 3~ 1988 ri0TI0N: MOVE TO APPROVE ACTION AS REQUESTED. r~ s VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried) 88-248 Appointments - commissions and committees. (90) a. Appointments to Chico Nitrate Action Plan Implementation Committee. (NONE) b. Appointments to committee vacancies. {NONE) 88-249 Presentation of resolution - hire a Veteran Week. (PRESENTATION BY CHAIRMAN McINTURF TO BUD LYON, PRESIDENT, BUTTE COUNTY VETERANS' COUNCIL.} {106) 88-250 Presentation by Bud Lyon, president, Butte County Veterans' Council, awarding Butte County the Chico Office State Employment Development Department's "Employer of the Year" for promoting employment opportunities to veterans. {PRESENTATION BY BUD LYON, PRESTDEIdT, BUTTE COUNTY VETERANS' COUNCIL TO CHAIRMAN rIcINTURF, ON BEHALF OF THE BOARD OF SUPERVISORS.) {200) 88-251 Report from Director of Public Works concerning public road approach - A & Q Engineering - Highway 32 near Engineers Station 404+50. {NO ACTION TAKEN.) (235) 88--252 Report from Planning Director concerning Blakeley/Swartz Ranch project review. {STAFF TO RESPOND TO THE ASSOCIATION OF CITIES WITH FACTUAL INFORMATION THAT IT IS NOT YET APPROPRIATE FOR THE BOARD TO CONSIDER T~3IS ACTION.) {279} 88-253 Consideration of letter and recommendations concerning library financing from library support groups of Butte County -action requested - AUTHORIZE COUNTY'S LOB$YIST TO PURSUE URGENCY LEGISLATION SIMILAR TO MENDOCTNO COUNTY. {360) MOTION: MOVE TO AUTHORIZE COUNTY'S LOBBXIST TO PURSUE URGENCY LEGISLATION SIMILAR TO MENDOCINO COUNTY. M S VOTE: 1 Y 2 Y 3 Y 4 N 5 Y (Nation carried) 88-254 Report from Chief Administrative Officer on state deficit and its impact on trial court funding. (940) ri0TI0N: MOVE TO CONSIDER THIS AS AN EXTRA ITEM ON THE BOARD'S AGENDA FINDING THAT AN EMERGENCY SITUATION EXISTS AS DEFINED IN SECTION 5495b.5 OF THE GOVERNMENT CODE. S r1 VOTE: l Y 2 Y 3 X 4 Y 5 Y (Unanimously carried} Page 129 May 3, 1988 19$8 MOTION: MOVE TO ADOPT POLICY POSITION, AND AUTHORIZE A LETTER TO THE GOVERNOR AND OUR LEGISLATORS, THAT TF THERE TS A SHORTFALL, THAT THE SHORTFALL BE PROPORTIONAL TO ALL THE PROGRAMS THE STATE FINANCES TPICLUDING EDUCATION AND STATE PROGRAMS. THAfi THE FULL BRUNT OF THIS, OR THE MAJORITY OF THE BRUNT, SHOULD NOT FALL EXCLUSIVELY ON COUNTY PROGRAMS PARTICULARLY STIdCE WE HAVE THE PROBLEMS THAT WE D0. S PI VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried) MOTION: MOVE THAT THE LETTER TO THE GOVERNOR AND OUR LEGISLATORS INCLUDE PYENTION OF THE FACT THAT WHEN THE STATE DELAYS TTS DEADLINE, OR DELAYS THE PASSING OF TTS BUDGET, THAT IT MAKES OUR BUDGET PROCESS THAT MUCH HARDER. S M VOTE: 1 N 2 Y 3 Y 4 Y 5 X (Motion carried) PSOTION: AUTHORIZE A LETTER TO THE GOVERNOR REGARDING THE COUNTY'S TECHNICAL CONCERNS ON THE TRIAL COURT FUNDING ACT AS TT RELATES TO THE MANDATED PROGRAMS. S M VOTE: l Y 2 Y 3 Y 4 Y 5 X (Unanimously carried) 88-255 Report from Director of Public Works an Oroville Express subsidized taxi service. (1410) MOTION: MOVE THAT IF THE COUNTY HAS A CDNTRACTOR WHO IS NOT IN COMPLIANCE WITH THE LAW, THAT TS AN EMERGENCY AS DEFINED TN SECTION 54956,5 OF THE GOVERNMENT CODE, AND THAT THE BOARD PROCEED WTfiH THE MATTER. S M VOTE: 1 X 2 Y 3 Y 4 Y 5 Y (Unanimously carried? MOTION: MOVE TO CONTINUE WITH 4ROVILLE BUS LINES AND AUTHORIZE PUBLIC WORKS TO GO OUT TO BID AS SOON AS POSSIBLE FOR A GONTRACTOR WHO CAN MEEfi ALL OF THE CRITERIA; NOTIFY CSAC EXCESS CARRIER THAT THE COUNTY IS UNDERTAKING Aid ADDITIONAL RISK FOR A TEMPORARY PERIOD OF TIME; AND AUTHORIZE THE PUBLIC WORKS DIRECTOR TO SEND A LETTER OF TERMINATION TO THE CONTRACTOR WHEN THE SPECIFIC DATE IS DETERMINED FOR A NEW CARRIER TO BE ON BOARD. M S VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried? Page 130 May 3, 1988 rim ~ 1988 88--25b Grading Ordinance Committee. {1777) rI0TI0N: MOVE TO ESTABLISH A GRADING ORDINANCE REVIEW COI~IMITTEE WITH A REPRESENTATIVE TO BE APPOINTED FROM EACH DISTRICT, AND EACH MEMBER OF THE BOARD TO BRING BACK THE NAMES FOR NOMINATION AT THE BOARD MEETING OF MAY 17, 1988. S M VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y {Unanimously carried} RECESS: 10:30 A.M. RECONVENE: 11:02 A.M. Public HearincFS and Timed Items 88-257 Public hearing -Roberta Taylor appeal of use permit to allow a private breeding kennel on property zoned A-5 {agricultural, five acre parcels) (proposed negative declaration regarding environmental impact has been recommended), located on the south side of Laura Lane, approximately 700 feet west of Lott Road, identified as AP 040-26-0-072, Durham. (2830) {**00) ri0TI0N: FIND THAT THE REQUIREMENTS OF GEQA HAVE BEEN COMPLETED AND CONSIDERED; FIND THAT THE PROPOSED USE WOULD BE INCOriPATIBLE WITH AGRICULTURAL OPERATIONS AND RESIDENTIAL USES TN THE IMMEDIATE VICINITY; AND DENY THE PROPOSED USE PERMIT ON AP 40-26-72 FOR ROBERTA TAYLOR TO ALLOW A 25 DOG PRIVATE BREEDING KENNEL. M S VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y {Unanimously carried) RECESS: 11:24 A.M. RECONVENE: 11:35 A.M. (CHAIRMAN McINTURF ABSENT} 88-258 Public hearing -Lippincott Surveying, on behalf of Safor Corporation - abandonment of a drainage easement, AP b6-08-3b. {475) MOTION: MOVE TO ADOPT RESOLUTION 88-050 FOR THE ABANDONMENT OF DRAINAGE EASEMENT, AP 066-08-36. M S VOTE: 1 AB 2 Y 3 Y 4 Y 5 Y {Motion carried) RECESS: 11:38 A.ri. RECONVENE: 11:52 A.Nl. Page 131 May 3, 1988 May 3, 1988 88-259 Public hearing - Community Development Block Grant {CDBG} Program (fiscal year 1.988-89). County application for approximately $500,000 to pursue housing rehabilitation and related activities in the Chapmantown and E1 Medio neighborhoods. (543) MOTION: MOVE TO ADOPT RESOLUTION 8$-051 AND RESOLUTION 88-052 AND AUTHORIZE THE CHAIRMAN TO SIGN THE ASSURANCES AND THE APPLICATION ON BEHALF OF THE COUNTY. M S VOTE: 1 AB 2 Y 3 Y 4 Y 5 Y {Motion carried} RECESS: 12:03 P.M. CLOSED SESSION: The Board to reconvene at 1:30 p.m. fora closed session for the purpose of litigation (Doran v. County of Butte, pursuant to Section 54956.9{b} of the Government Code, and Hardwick vs. United States and County of Butte, Rinker vs. County of Butte, and Ashby vs. County of Butte, pursuant to Section 54956.{a) of the Government Code}, and on personnel. RECONVENE: The Board reconvened at 2:43 p.m. following a closed session for the purpose of litigation and personnel. (REFER TO MINUTE ORDER 88-250} {CHAIRMAN McINTURF PRESENT} 88-260 Report on closed session. {875) (COUNTY COUNSEL ANNOUNCED NO ACTION TO REPORT ON THREE OF THE CASES DISCUSSED IN CLOSED SESSION; AND IN THE CASE OF HARDWTCK VS. UNITED STATES OF AMERICA, COUNTY OF BUTTE, ET AL. A SETTLEMENT HAS BEEN REACHED BY THE BOARD.) MOTION: MOVE TO ADOPT RESOLUTION 88-053 APPROVING STIPULATION ~'OR ENTRY OF JUDGMENT IN THE MATTER OF TILLIE HARDWICK VS. UNITED STATES OF AMERICA, ET AL. M S VOTE: I Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried} Public Hearinus and Timed Items 88-261 Public hearing -- adoption of a specific plan along the East Avenue corridor {proposed negative declaration regarding environmental impact has been recommended); incorporating General Plan amend-nents to low density residential, public and commercial; rezones to R-1, P-Q, C-1 and R--P; development policies; and consideration of anew Page 132 A1ay 3, 1988 M._._Y 3 19 8 8 zoning district - residential-professional (R-P). The plan covers frontage properties from North Avenue to Mariposa Avenue and properties within 700 feet of East Avenue from Mariposa Avenue to I4anzanita Avenue, excepting therefrom properties on the south side of East Avenue between North Avenue and Ceres Avenue, Chico. (950? {**~00} MOTION: MOTION OF INTENT TO FIND THAT THE REQUIREMENTS OF CEQA HAVE BEEN COMPLETED AND CONSIDERED AND ADOPT A NEGATIVE DECLARATION; AND ADOPT A RESOLUTION APPROVING THE GENERAL PLAN AMENDMENT TO THE BUTTE COUNTY GENERAL PLAN, CHICD URBAN AREA LAND USE PLAN, AS DESIGNATED DN FIGURE 3; TO BE BROUGHT FORWARD FOR FINALIZATION ON MAY 24, 1988 WITH THE BOARD'S OTHER GENERAL PLAN AMENDMENTS. S M VOTE: l Y 2 Y 3 Y 4 Y 5 Y {Unanimously carried? MOTION: MOTION OF INTENT TO APPROVE THE PROPOSED SPECIFIC PLAN WITH ADDITIONS TO INCLUDE PERFORMANCE STANDARDS FOR COMMERCIAL USES; THE CDNSIDERATIDN OF RESIDENTIALWPROFESSIONAL ZONING FOR MARIPOSA EASfi TO THE END OF THE CORRIDOR, AND A RESOLUTION ADOPTING A SPECIFIC PLAN INCORPORATING THESE LAND USE CHANGES, DEVELOPMENT POLICIES AND INFRASTRUCTURE STANDARDS TD BE BROUGHT FORNARD FOR FINALIZATION ON MAY 24, 1988. S M VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y {Unanimously carried) I~iOTION: FIND THAT THE REQUIREMENTS OF CE¢A HAVE BEEN COMPLETED AND CONSIDERED AND ADOPT A NEGATIVE DECLARATION, AND ADOPT ORDIPiANCE 2b82 REZONING TO R-P (RESIDENTIAL PROFESSIONAL), AND P-Q (PUBLIC/QUASI-PUBLIC) THAT AREA DESIGNATED ON FIGURE 4. M S VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried) Communications 88-262 Communications received and referred. (COPIES OF ALL COMMUNICATIONS ARE AVAILABLE IN THE CLERK OF fiHE BOARD OFFICE.) a. North Burbank Public Utility District -writes to request consolidating the election of district directors with the statewide general election - action requested - REFER TO COUNTY CLERK FOR REPORT AND RECOMMENDATION. b. City of Oroville - Mayor 3ana Wilson writes concerning problems with mutual aid in the area of law enforcement services - action requested -REFER TO CHIEF ADMINISTRATIVE OFFICER. Page 133 May 3, 2988 M~ ~ 1988 88-263 Public comment. (PRESENTATIONS WILL BE LIMITED TO FIVE MINUTES. THE BOARD OE SUPERVISORS IS PROHIBITED BY STATE LAW FRO24 TARING ACTION ON ANY ITEM PRESENTED IP IT IS NOT LISTER 4N THE AGENDA.) {1418) {NONE) ADJOURNMENT: There being nothing further before the Board at this time, the meeting was adjourned at 4.30 p.m. to reconvene on Tuesday, May 17, 1988 at 9:00 a.m. G hairman, Board of Supervis ATTEST: MARTIN J. NTCHOLS, Administrative Officer and Clerk of the Board By• Page 134