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HomeMy WebLinkAboutM050587M. aY 5 , 19$7 Coil to order - Board of Supervisors room, County Administration Building, 25 County Center Drive, Oroville. Present: Supervisors Fulton, Mclaturf, McLaughlin, Yercruse and Chair Dolan. Martin J. Nichols, chief administrative officer; Barney itallace, county counsel; and Cathy Pitts, assistant clerk to the Board. Pledge of allegiance to the Flag of the United States of America, 87-222 Iteo removed from the Coaseat Agenda: 1. Mark S. Heria, attorney at lair - on behalf of !'horn DeLey, 3eaanie Clayton, Dido Haaper, Shauna Heckert, Vickie xaernan and Maureen Pierce, files a alaia in the amount of $100,000 per claiarant for alleged damages sustained on or about February fi, 1987 relating to their arrest as a result of civil complaints. (TAKEN OFF AGBNDA.) 87--223 Consent ~ger~,~d t15) 1. Approval of minutes - action requested - APPROV& MIMliTES OF APRIL ai, 1987. 2. Budget transfata - action requested - APPROVE BUDGET TRANSFERS B-137. B-138, B-141, B-142, B-143, 8-1414 AND B-145. 3, Renaai.ag a public x~vad - a resolution has been prepared of giving notice of intention to rename a private road in the Oroville area of Butte County from Faunae Trail iLakenida iTay to end? to ]lppla Hill Circle as residents in the area have requested the name change - action requested - ADOPT RE$OLU'!`I4N 87-67 SETTING PUBLIC HEARING DATE FOR MAY 19, 1987 AT 11:fl0 A.H. 4. County Library donations - is accordance vith Govern~aent Code Section 25355, donations gave bees received as follotrs: $1,040 from Soroptiniat Interaatioaal of Chico for the purchase of books, and 5500 from Friends of the Paradise Library for the purchase of books - action requested -ACCEPT DONATIONS AND AUT$ORIZE LETTERS OF APPRECIATION. Page 242 May 5, 1987 M~5,i987 'S. Appointsent to Maternal.. Child and Adolescent Eealth Board - actioa requested - REAPPOINT DR. PAUL f~ASSERMAN TO SERVE UNTIL MARCB 1990. 6. Petition for cancellation of Land Conservation Act Agreeaeat - Langerwerf Dairp, -Inc. -the applicant has paid cancellation fees in the amount of $1,107.80 within the required time period -action requested - ACKNOitLEDG$ PAYMENT OF' CANCEW~ATZON F~ AND ORDER THA! THE FIIIAI+ CERlIFICA?8 OF CANCELLATION BE RECORDED. 7. Petition for cancellation of Lash Martin, alra Leah Gunn, paid the cancellation fees required time period - action cANCEL~ATION F~ AND ORDER CANG~ATION BE RSCORDBD. Land Conservation Act Agreeaeat - alca g. L. Gunn - the applicant has amounting to 5438.50 xithin the requested - ACKNOWLEDGE PAYMENT OF TEAT TNN FINAL CSRTIFICATS OF 8. Petition for caacshatioa of Land Conservation Act Apreesent - Federal Land Sank iAP 39-29-05) - it is recommended that the minutes of October 7, 1986, Minute Order 86--560, be amended to reflect that the cancellation fees Faust be paid prior to October 7, 1987, rather than December 31, 1986 -action requested - AMEND MINUS flF OGTOBSR 7, 1986 AS RECOMMENDED. 9. Doa~ald J. B1aRe, Jr „ attorney at lax - on behalf of Donald-Cos, files a Clain in the amount of $15,000 as a result of alleged danages sustained as ar about January 13, 1987 involving the Sheriff's Depart®eat and District Attorney's Office -action requested - R&7SCT CLAIM AND R$f'8R TO COUNTY GOUNSEI, AND RISK MANAG&1SNT. 10. Sheri##'s Departaent typemriter -Board authorization is requested to approve the acquisition of an electric typewriter in the amount of $435 to replace an older machine deemed to be beyond economical repair. Budget transfer 8-143 has been prepared to prov:lde the necessary appropriation - action .requested - AUTHORIZE ACQUISITION OF TYPEi1RTTER. 11, Nel~ara Departnent storage containers - Board authorization is requested to as~uire two storage containers for storage of closed welfare cases in the aaount of $5,000. Budget transfer 8145 has been prepared to provide the necessary appropriation - action requested - AUTHORIZE ACQUISITION OF FIXED ASSET ITEMS. Page 243 May 5, 1987 May 5~ 1987 12. Rafssuanre o! ~rarrant -Prank Negle -requested is the reisauance of a county xarrant is the amount of $5.40 dating back to May 13, 1982 pursuant to Government Code Section 29842(c) -action requested - AUTHORIZE REISSUAHCE OF WARRANT. 13. Penalty abateaeat requests -change of ownership reports - actioa requested -APPROVE PENALTY ABATSlfEHT REQUESTS A5 R$COMMENDED BY CHTSF ADMTNTSTRATIVS OFFICER. 14. 1985-86 audit -the firm of Matthexs, Crippen, Tenney and Coapanp have completed the audit report and submit the following documents: Management Report, Report on Saamination of Combined Financial Statements, Report on Compliance with Laxs and Regulations, Reports oa Internal Control, Office of Criminal Justice Planning Grants Financial and Compliance Audits. Transit Fund Report on Examination of Financial Statements. Non-Transit Fund Report on Saaminatian of Financial Statements, Metropolitan Planning Organization Report on Examination of Financial Statements, SB b24 Report oa Examination of Financial Statements and 5upplementai Information, 5B 325 Report on Examination of Financial Statements and Supplemental Information, and Audit Report of Health and Human Services Grant H-7057120 administered by Cvamunity Action Agency of Butte County - action requested - ACCEPT REPORTS AND DIRECT CHIEF ADMINISTRATIVE OFFICER TO SECURE DEPARTMENTAL COKMENTS TO THS REPORTS AS APPROPRIATE. 15. euild~ng inspection rasarve - the building inspection division of Public Works has requested a separate fund xhich xauld function as a reserve - action req~eested - ESTABLISH BUILDING INSPECTION RES$RVS TO BE EFFECTIVE JULY 1, 1987 SUBJECT TO PERIODIC REVIEW OF FUNDING LEVEL BY THE AUDITOR-CONTROLLER AND CHIRP ADMINISTRATIVE OFFICER. iG. Salary ordinance asend~ent -the ordinance deletes the classification of social service case aide, and adds three positions of social xorker supervisor I, i6 social xorker III/II/I positions, one typist clerk III/II position, sad three typist c1erR II/I positians - action requested --'BANE THS SECOND READING AND ADOPT ORDINA~ICS 2593. 17. Resolution proc3aiwiug May 7, 1987 as National Dap of Prayer - actioa requested -- ADOPT RESOLIjTlTON 87-68 AND AUTHORIZE THE CHAIR TO SIGN. 18. Resolution proclaioinQ May 9, 1987 as Endangered Species Day - action requested -ADOPT RESOLUTION 87-69 AND AUTHORIZE THE CHAIR TO SIGH. Page 244 May 5, 1987 May s 1987 19. Parking on Esplanade - a resolution has been prepared to prohibit the parking and standing of nehfcles on both sides of the Esplanade from the Chico City Limits to 300 feet north of Shasta Avenue - action requested - ADOPT' RSSOLOTION 87--70 AND AUTHORIZE THE CHAIR TO SIGN. 20. Oiler of dedicatfon - Southgate Court - a resolution bas been prepared to accept the offer of dedication for Southgate Court as offered by John McAmis in a parcel map recorded in Book 93 of Maps at Pages 99 and 100 -action requested - ADOPT 1tESOLUTION 87-71 TO ACCEPT OFFER OF DEDICATION AFTER MR. McAMIS HAS COMPLETED THE REQUIRED ROAD UPGRADING NORR. 21. Approval of Plana and spacilications - Pavement Overlay of Sk~ray, Ths Saplaaade and Bast Gridley Road, Project Na. AC-87- 1 - plans and specifications have been completed for the subject project -action requested - APPROVE PLANS AHD SPECIFICATIONS; ADOPT iiAGE SCALE; AND SET BTD OPENING FOR MAY 28, 1987 AT 11:00 A.M. IN THE PUBLIC itORlCS OFFICE. 22, iMrkera' compensation claims administration - Regnant for Proposal - a Request for Proposal has been prepared and is recommended to be issued - action requested - AUTHORIZE ISSUANCE OF REQUEST FOR PROPOSAL. 23. Feather River Recreation and Park district/Palero Grange agreement - an agree®ent has been prepared pursuant to Butte County Code Section 19.10-A to expand as existing tank and/or leach field system - actioa requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. 24. Enviro~uental iapact report preparation agreement time extension - Planning associates has requested an extension of time to prepare the eavironffiental impact report for Rock Creek Roach to May 29, 19$7 - action requested - APPROVE THE EXTENSION OF TIME TO SUBMIT THE DRAFT EIR AS REQUESTED. 25. U. 5. Forest Service Cooperative LaM Enforcement agreement - an agreement has been prepared vith the Plumas National Forest covering eradication of marijuana oa Forest service lands and provides far revenue of $47,000 is FY 1987-88 - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN, Page 245 May 5. 1987 M_y 5~ 1987 26. Bureau of Land Management laK enforcement contract - an agreement has been prepared Kith the Bureau of Land Management providing far dari~uana eradication on public lands within Butte County and provides for reimbursement to the county of $9.51 per hour far extra help personnel and $21.39 per hour fora full- time deputy sheriff - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. 27. "At-Risk Youth" grant submission - a concept paper has been developed in response to an alcohol and drug abuse demonstration grant offered by the U. S. Office of Substance Abuse Prevention iAnnauncement Na. AD-87-01? - action requested - AUTHORIZE THE MENTAL HEALTH DSPAR~ TO SUBMIT THE GRANT APPLICATION. 28. Privatization of residential alcohol services - a letter of invitation has been prepared to private non-profit alcohol programs which would be the first step in implementation of a recommendation to shift alcohol residential services to the private sector - action requested - AUTHORIZE STAFF TO COMMENCl~ IMPLEMENTATION OF SHIFTING RESIDENTIAL ALCOHOL SERVICES TO THE PRIVATE SECTOR AND EXTEND AN INVITATION TO THE PRTYATE SECTOR TO PARTICIPATE. 29. Emergency medical services agreement amend®ent - an amendment has been prepared to the current agreement with Northern California Emergency Medical Services. Inc. to allow far the development and implementation of a trauma center in accordance with Health and Safety Code Section 1798.1fi$. Sufficient funding has been received from a local medical facility to caner the entire cast of the process - action requested -APPROVE AKSI~iDMENT TO AGREEMENT AND AUTHORIZE THR CHAIR TO SIGN. 30. Welfare Child Protective Services counseling agreement - a standard agreement has been prepared with Heather McCloud is the amount of $9,950 to provide family therapy covering the period January 1, 1987 through December 31, 1987 - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. 31, Arta Co~a~nisaion grant -the county, on behalf of the Arts Commission, has been awarded a 5750 grant from the California State Suer School Arts Foundation to conduct a recognition event honoring the California Arts Scholars - action requested ~- APPROVE AGREEMENT AND AUTHORIZE CHAIR TO SIGN. 32. Tinter Commission board meeber travel -Water Commissioners Jean Pratt and Steve Casey have requested authorization to attend the U.C, Cooperative Extension "Mountains to the Bay" tour an June 17-19, 1987 at an estimated cost of $224 each - action requested - AUTHORIZE TRAVEL. Page 246 May 5. 1987 M~5,1987 MOTION: TO APPROVE THE CONSENT AGENDA. S M VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried} Reuular Aoeada 87-224 Appointments - ca~ama.ssions and committees. (40) .a» Appointr~eat to Airport Laad Use Commission. MOTION: TO APPOINT CARL WALTSRS TO THE AIRPORT LAND USE COMMISSION. S M VOTE; 1 NV 2 Y 3 Y 4 Y 5 Y (Motion carried) b. Appointments to Emergency Medical Care Committee. (71) MOTION: TO APPOINT JUDITH WISE, EMERGENCY DEPARTMENT MEMBER, AND DIANE BASS, INTENSIVE MOBILE UNIT CARE. 5 M VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried} c. Appointments to committee vacancies. (1031 MOTION: TO APPOINT STEVE HONEYCUTT, DISTRICT 3 REPRESENTATIVE, TO ECONOMIC DEVELOPMENT COMMITTEE, INDUSTRIAL DEVELOPMENT AUTSORITY AND OVERALL ECONOMIC DEVELOPMENT PROGRAM. M S VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried} 87-225 Presentation of resolution proclai®iag May 9, 1987 as Endangered Species Day. {122) $7-226 Presentation by County Clerk as .the resolutions to consolidate elections to even numbered year for school aad special district elections. {247} MOTION: TO TAKE THE FIRST TXO ACTIONS RECOMMENDED AND AUTHORIZE CONTINUED EXCHANGE OF IDEA5 OR RESEARCH ON THE POSSIBILITY OF EXCHANGING THE VOTOMATTC DEVISES FOR DATAYOTE AND THE COST TO BS, BEFORE THE HOARD MAKES A FINAL DECISION, FORWARDED ON TO THE HOARD AND THE ADMINISTRATIVE OFFICE SO WE CAN KIND OF GET AN IDEA OF NHAT TO ANTICIPATE TN THAT AREA, RECOGNIZING IT CAN BE OFFSET HY COSTS TO THE CONSOLIDATED DISTRICTS. M S VOTE : ~. 2 3 4 5 Page 247 May 5, 1987 M.~..Y 5y 1987 87-227 AMENDED MOTION: voTE: 1 Y TO AUTHORIZE EXAMINATION OF THE EXCHANGE OF YOTQMATIG DEVISES FOR OTHER DEVICES, HOT SOLELY RELATED TO DATAVOTE. M S 2 Y 3 Y 4 Y 5 Y (Unanimously carried? Report from Chief Administrative Officer an procedures for Koppers Inquiry Committee - action requested - ADOPT PROCEDURES. (1429) } NOTION: MOVE FOR THE ACTION REQUESTED. S M VOTE: 1 Y 2 Y 3 Y 4 Y 5 X (Unanimously carried} MOTION: AUTHORIZE THE CHAIR OF THE BOARD OR CHIEF ADMINISTRATIVE OFFICER TO E%FRESS OUR CONCERN TO THE FEDERAL AHD STATE AGENCIES AHD SEE IF THE CLEANUP PROCESS CAN BE EXPEAITEA SO KOPPERS CAN GET BACK IN BUSINESS. M S VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y {Unanimously carried? 87-228 Caasideratian of issuing Request for Proposals to provide predesign consultation in development of a new Human Services building - action requested - APPROVE ISSUANCE OF REQUEST FOR FROPOSALS. 11581} NOTION: TO MOVE FOR THE ACTION REQUESTED. M S VOTE; l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried) RECESS: 1x:17 a.m. RECONVENE: 10:34 a.m. 87-229 Cansideratian of request to same a part of Lindo Channel as "Mercer Park." (2114) MOTION: TO ADOFT RESOLUTTOH 87-72 DEDICATING A PART OF LINDO CHANNEL AS 'MERCER PARK" TO BE PRESENTED AT THE TIME OF DEDICATION. N S VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried} 87-230 Closed hearic~Q - Richard Peters - proposed negative declaration with mitigation measures regarding environmental impact and rezone from U {unclassified) to M-1 (light industrial) and development agreesent on property ].orated on the west side af~the Skyway across frara its intersection with Honey Run Road, identified as AP 40-02-87, southeast Chaco. (23fi9) {SET PUBLIC HEARING DATE FOR MAY 19, 1987 AT 9:15 A.M. TO CONSIDER REVISED DEVELOPMENT AGREEMENT.) Page 248 May 5, 1987 M,~ 5,L 1987 87-231 Consideration of Cliff Johnsen late appeal~to the 3ohnsen/Houser tentative parcel ®ap, AP 40-02-135, three lots. Condition No. 2 {provide two--way traversable access RS-8-LDI to each parcel from a county maintained road or state highway. A note may be placed on the map stating that the road is to be built at the time residential development permits or applied for.}, property located south of Mary Bill Ranch Road, approximately 4,200 feet east of Midway, Chico area. {2571} {TO DIRECT STAFF TO CONTACT MR. 30HNSEN INDICATING THE APPROPRIATE PLACE FOR THIS MATTER IS THE ADVISORY AG$NCY POINTING flUT THE CODE SECTION AND ACTION NECESSARY TO BRING THE MATTER BACK BEFORE THE ADVISORY AGENCX,} 87-232 Interpretation of Butte County Code Section 24-204 regarding home occupation for off-sale beer and Trine license. {2584} MOTION: TO FIND THIS IS NOT AN ALLOWED USE UNDER `THE DEFINITION OF A HOME OCCUPATION. S M VOTE: l Y 2 Y 3 Y 4 Y 5 Y {Unanimously carried} 87-233 Consideration of City a# Chico letter requesting the county to consider amending the Chico Urban Area General Plan to show Warner Street as a collector street with "interrupted alignment." {2891) (REFERRED TO PLANNING DIRECTOR AND PUBLIC WORK5 DIRECTOR FOR REPORT BACK TO THE BOARD} 87-234 Report on State Water Project contractors meeting. {Supervisor Vercruse} {3425} {LETTER TO BE SENT TO WATER COMMISSION TELLING THEM T$E BOARD IS INTERESTED; THE BOARD RECEIVED THE REPORT; AND NO COMMENT WAS MADE.} 87-235 Report oa CSAC legislative meeting. {3467} ** {04) {SUPERVISOR VERCRUSE AND CHIEF ADMINISTRATIVE OFFICER TO RECOMMEND A SUGGESTION AS TO HOW TO PARTICIPATE IN THE SYMBOLIC CHAINING UP OF SOM$ FACILITY FOR TEN MINUTES. THE MATTER TO BE BROUGHT BACK MAY 19, 1987.} RECESS: 11:04 a,m. RECONVENE: 11:19 a.m. Page 299 May 5, 1987 May 5~ 1987 Fublic Hearians and Tised hens 87-236 Public hearing -notion of latent to approve the General Plan apEendmeat for 3oseph Burrei - appeal of the Planning Commission's denial of Doaaa MaaberrylJ'oe Burrel General Plan amendment {item on which a draft environmental impact report has been prepared) from orchard and field crops to agricultural residential as property zoned A-5 (agricultural -five acre parcels) located oa both sides of Muir Avenue south of Bell Road, west of Alamo Avenue. Chico {File 84-85}, with the stipulation that a drainage district be formed at the initiation of the area property a~-ners, and that the Bell Muir area be included in the current traffic study, {from 4!7/87) MOTION: MOVE TO FORMALIZE MOTION OF INTENT AND CERTIFY THE ENVIRONMENTAL REVIEW DOCUMENTS, THE EIR, FIND THAT THE REQUIREMENTS OF CEQA HAVE BEEN MET AND THAT THE ENVIRONMENTAL REVIEW IS COMPLETE; BUT STIPULATE THAT THE GENERAL PLAN AMENDMENT WILL NOT BE FINAL UNTIL: 1. THAT A DRAINAGE DISTRICT BE FORMED FOR THE AREA AT THE INITIATION OF THE PROFERTY OWNERS TO PROVIDE THE FINANCING FOR CONSTRUCTION AND 1AINTENANCE OF NECESSARY IMFROVEIiENTS; AND 2, THAT THE AREA BE INCLUDED IN THE TRAFFIC STUDY THAT IS CURRENTLY BEING DONE FOR THE NORTHWEST CHICO AREA AND THE EAST AVENUE CORRIDOR AND A MEANS TO IMPLEMENT THE STUDY; AND 3. THAT OTHER IMPACTS AS IDENTIFIED TN THE BELL-MUIR EIR BE ADDRESSED IN A POLICY STATEMENT TO BE A PART OF THE GENERAL FLAN AMENDMENT. 4. WREN THOSE TWO THINGS ARE DONE, THE GENERAL PLAN AMENDMENT WILL BE DONE WITH THE OTHER ITEMS CERTIFIED IN THE EIR. 5. DIRECT PUBLiC WORKS STAFF TO MEET WITH THE PROPONENTS AND GET WITH SHASTA UNION DRAINAGE ASSESSMENT DISTRICT, OTHER DISTRICTS, DRAW MAPS, AND DEVELOP A PROPOSAL FOR MAINTENANCE IN THE AREA. M S VOTE: 1 N 2 Y 3 Y 4 Y 5 Y {Motion carried} CLOSED SESSION: The Board recessed at 3.2:20 p.m. to have lunch and then hold a closed session regarding meet and confer in employee matters. RECONVENE: The Board reconvened at 2:37 p.m. following lunch and a closed session. {NO ANNOUNCEMENTS TO BE MADE AT THIS TIME.} Page 250 May 5, 1987 M~ 5s 3.98? 87-237 Public hearing - Brace C. Kitchell w proposed negative declaration regarding envirnnmental impact and rezone Eros U (unclassified) to FR-2 {foothill-recreational, two acre parcels). located at tt~e southwest corner of Hidden Springs Road and Horseshoe Trail, identified as AP 71-34-01, Berry Creek. (2238) MOTION: MOVE TO UPHOLD THE APPEAL; FIND THAT REQUIREMENTS OF CEQA HAVE BEEN COMPLETED AND ADOPT A NEGATIVE DECLARATION; FIND THIS DOES COMPLY KITH THE BUTTE COUNTY GENERAL PLAN LAND USE ELEMENT POLICIES BECAUSE OF THE MITIGATION MEASURES AND CONDITIONS 1 THROUGH 3 AND CONDITIONS 1 AND 2; ADOPT ORDINANCE 2594 REZONING TO FR-2 THAT PROPERTY IDENTTFTED AS AP 71-34-Oi; ADOPT RESOLUTION 87-73 APPROVING THE CONDITIONAL ZONING AGREEMENT SUBJECT TO CONDITIONS 1 THROUGH 8 OF TH$ PLANNING COMMISSIDN MINUTES OF MARCH 11, 1987; AND TO INCLUDE THAT THE CONDITIONAL ZONING AGREEMENT BE SIGNED BY THE APPLICANT KITHIN THE NEXT TEN DAYS. M S VOTE: 1 Y 2 Y 3 N 4 Y 5 Y {Motion carried) 87-238 Public hearing - Lippincott-Guth Associates - on behalf of Troy Estates 5ubdivisian appeal the Advisory Agency's denial of the subdivision map (proposed negative declaration with mitigation measures regarding environmental impact), AP 64-31-03, 04, and 07, 32 iota, property located on both sides of Troy 3fay approximately 3.70 feet south of Colter Way and 140 feet east of Carnegie Road, Paradise Pines area. (2957) ***{0001 {TO $E CONTINUED UNTIL AFTER THS UPPER RIDGE TRAFFIC TASK FORC£ HAS BADE THEIR RECOMMENDATIONS. AT THAT TIKE, A PUBLIC HEARING DATE TO BE SET AND THE MATTER IS TO BE READVERTISED.) RECESS: The Board recessed at 3:12 p.m. to convene as Butte County Air Pollution Control District Board of Directors. RECONVENE: The Board recaaveaed at 3:17 p.m. after adjourning as the Butte County Air Pollution Gontral Board of Directors. 87-239 Public com•ent. {PRESENTATIONS 3tILL BE LIMITED TO FIVE MINUTES. THE BOARD OF SUPERVISORS I5 PROHIBITED BY STATE LAK FROM TAKING ACTION ON AMY' ITE3~ PRESENTED IF IT IS NOT LISTED ON THE AGENDA.) 3.. Glen Hiller. Concow - spoke about his strong concern regarding chesical dioxins and the reopening of Koppers. Page 251 May 5, 1987 M. aY 5,y 1~d7 ADJOURNME!(T: There being nothing #urther before the Board at this time the meeting was adjvuraed at 3:25 p.m. to reconvene oa Tuesday, May 12. 1987 at 9:44 a.m. ATT MAR Off By: Page 252 May 5, 1987