HomeMy WebLinkAboutM072688July 26, 1988
Carl to order -- Board of Supervisors roam, County Administration Building,
25 County Center Drive, Orovi17e. Present: Supervisors Dolan, Fulton,
McL«uohTin, and Chairman Mclnturf. Martin J. Nichols, chief
administrative officer; Susan Roff, county courise1; and Lauretta Munster,
assistant clerk of the Board. Absent: Supervisor Vercruse.
Pledge of allegiance to the Flag of the United States of America.
88-424 Chairman McInturf introduced Emily Hornaday, reporter for the Oroville
Mercury newspaper, who is leaving for a new position in New Jersey;
and introduced Kathy Burns, a reporter for the Oroville Mercury who
will be filling in at County Center.
88-425 Supervisor Fulton introduced Scott McKinney, reporter for the Paradise
Past.
88-426 Items removed from the Consent Agenda for Board consideration and action.
1. Mervine Epting, OrovilTe, fires a claim in the amount of $2,400
as a result of an engagement ring which she alleges was removed
from her house by unknown persons on June 6 or June 7, 1988 -- action
requested - REJECT CLAIM AND REFER TO COUNTY COUNSEL AND RISK
MANAGEMENT.
Consent Agenda
88-427 1. Approval of minutes - action requested - APPROVE MINUTES OF JULY 12,
1988.
2. Budget transfers - action requested - APPROVE TRRNSFER 8-271 {COUNTY
SERVICE AREA 103).
3. County Library donations - in accordance with Government Code Section
25355, donations have been received for the Butte County Library
trust for the Oroville Branch in the amount of $800 - action requested
- ACCEPT DONATION AND AUTEiORIZE LETTER OF APPRECIATION.
Page 219
July 26, 1988
July 26, 1958
4. County Library donations - in accordance with Government Code Section
25355, donations have been received for the Butte County Library
trust for the Gridley Branch in the amount of $150 - action requested
- ACCEPT DONATIONS AND AUTHORIZE LETTER OF APPREICATION.
5. County Library donations - in accordance with Government Code Section
25355, donations have been received for the Butte County Library
trust for the Chico Branch in the amount of $680 - actian requested
- ACCEPT DONATIONS AND AUTHORIZE LETTER OF APPRECIATION.
6. County Library donations - in accordance with Government Code Section
25355, donations have been received for the Butte County Library
trust for the Paradise Branch in the amount of $400 -- action requested
- ACCEPT DONATION AND AUTHORIZE LETTER OF APPRECTATION.
7. Appointment to Private Industry Council - actian requested - APPOINT
ROBERT MILES AS THE CHICO BUSINESS REPRESENTATIVE TO A TERM EXPIRING
JUNE 14, 1991.
8. Holly Gardens Subdivision - the developer has provided a Letter
of Credit to guarantee construction of improvements within one year
and has also agreed not to oppose formation of an assessment district
for drainage facilities in Lindo Channel - action requested - APPROVE
FINAL MAP; ACCEPT EASEMENTS AS GRANTED IN ITEM TWO OF THE OWNERS
CERTIFICATE ON BEHALF OF THE PUBLIC; ACCEPT GRANT IN FEE SIMPLE
FUCHSIA WAY, DAHLIA WAY, ZINNIA WAY AND ONE-FOOT NO ACCESS STRIPS
AS OFFERED IN ITEM ONE OF THE OWNER`S CERTIFICATE; AND AUTHORIZE
CHAIRMAN TO SIGN SUBDIVISION AGREEP4ENT.
9. Brian Dale Harper, Oraville, files a claim in the amount of $15,000
as a result of alleged damages sustained on or about May 4, 1988
alleging he was falsely arrested by the Butte County Sheriff's
Department - action requested - REJECT CLAIM AND REFER TO COUNTY
COUNSEL AND RISK MANAGEMENT.
10. Request far authorization of tax rate reduction in County Service
Areas 1, 11, 12, 14, 36, 47, and 56 - action requested - AUTHORIZE
THE ELIMINATION OF THE PRO RATA SHARE OF THE ONE-PERCENT LOCAL TAX
RATE FOR COUNTY SERVICE AREAS 1, 11, 12, 14, 36, 47 and 56 FOR FISCAL
YEAR 7988-89 IN ACCORDANCE WITH REVENUE AND TAXATION CODE 100.
11. Budget hearing schedule - the Chief Administrative Officer has
prepared a schedule of budget hearings for August 1, 3, 4, and 8,
1988 - action requested - APPROVE THE BUDGET HEARING SCHEDULE.
12. County Service Rrea No. 103 appropriation from the County Service
Area Loan Revolving Fund - actian requested - ADOPT RESOLUTION 88-111
RUTHORTZING LOAN TO COUNTY SERVICE AREA 103 (MORRIS SUBDIVISION)
WITH THE PROVISION THAT THE SUM DISBURSED SNRLL BE REIMBURSED TO
THE COUNTY SERVICE AREA LOAN REVOLVING FUND.
Page 220 July 26, 1988
July 26, 1988
13. Ordinance establishing speed limits on various county roads
engineering and traffic surveys have been completed on various county
roads and Public Works recommends they be speed zoned to allow the
CHP to enforce new speed limits by radar - action requested - WAIVE
THE FIRST READING OF ORDINANCE.
T4. Salary ordinance amendment - the ordinance implements a restructuring
of the Administrative Division of the Welfare Department with no
additional county cast - action requested - WAIUE THE SECOND READING
AND ADOPT ORDINANCE 2693.
15. Work on Cox Lane Bridge across Ravine has been completed in accord
with the plans and specifications - action requested - ACCEPT PROJECT,
AUTHORIZE CHAIRPAN TO SIGN NOTICE OF COMPLETION, AND NOTICE OF
COMPLETION TO BE FILED.
76. Blakeley Schwartz - a contract has been prepared with Planning
Concepts for a professional service fee of $45.00 per hour - action
requested - APPROVE THE CONTRACT AND AUTHORIZE THE CHAIRMAN TO SIGN;
APPROPRIATE $55,000 TO THE PLANNING DEPARTMENT PROFESSIONAL &
SPECIALIZED SERVICES ACCOUNT.
17. Office of Criminal Justice planning grant for Victim Witness - a
grant application has been prepared far the Victim Witness Program
in the amount of $87,155 with no local match - action requested
- ADOPT RESOLUTION 88-717{a) AUTHORIZING THE CHIEF PROBATION OFFICER
TO SUBMIT THE GRANT APPLICATION.
18. Victim Witness - an agreement has been prepared with the State Board
of Control in the amount of $46,500 far the purpose of verifying
and submitting claims for the unreimbursed financial losses of victims
of crime - action requested - ADOPT RESOLUTION 88-171(b) APPROUING
THE CONTRACT AND AUTHORIZE THE CHIEF PROBATION OFFICER TO SIGN.
19. Children's Trust Fund (AB 2994} - agreements have been prepared
with Family Services Association ($20,000} and with the Parent.
Education Network at {$28,000) to provide child abuse prevention
education and treatment. The Social Services Clearinghouse recommends
that a RFP be circulated for allocation of the balance of the AB
2994 monies - action requested - AUTHORIZE THE CHAIRMAN TO SIGN
THE CONTRACTS WITH PARENT EDUCATION NETWORK AND FAP9ILY SERVICES
ASSOCIATION; AND AUTHORIZE THE APPROPRIATION OF $94,554 FROM THE
CHILDREN'S TRUST FUND TO THE WELFARE DEPARTMENT BUDGET ACCOUNT
560-001,
20. Oroville Area Transit and Oroville Express - the Public Works Director
recommends increasin the fare for the Oroville Area Transit and
Orovil7e Express by 0.20 a ticket with an increase to the operator
of $0.18 per ticket - action requested - APPROVE THE INCREASES AND
AUTHORIZE THE CHAIRMAN TO EXECUTE AMENDMENTS TO THE AGREEMENTS.
Page 221 July 26, 1988
_~
Jury 26, 1988
2T. The State has forwarded the CMSP contract far Butte County's continued
participation in CMSP for FY 1988-89 - action requested -- APPROVE
CONTRACT AND AUTHORIZE THE CHAIRMAN TO SIGN.
22. Oroville Wyandotte Irrigation District requests consolidation of
the recall election with the November 8, 1988 general election -
action requested - APPROVE THE CONSOLIDATION.
MOTION: MOVE TO APPROVE CONSENT AGENDA WITH THE REMOVAL OF ITEM 3.10.
S M
VOTE: 7 Y 2 Y 3 A 4 Y 5 Y (Motion carried)
(SUPERVISOR VERCRUSE PRESENT)
Regular Agenda
88-428 Item removed from the Consent Agenda for Board consideration and action.
1. Mervine Epting, OroviTTe, files a claim in the amount of $2,400 as
a result of an engagement ring which she alleges was removed from
her house by unknown persons on June 6 or 7, 1988 - action requested
- REJECT CLAIM AND REFER TO COUNTY COUNSEL AND RISK MANAGEMENT.
MOTION: MOVE TO REJECT CLAIM.
S M
VOTE: T Y 2 Y 3 Y 4 Y 5 Y {Motion carried)
88-429 Appointments -- commissions and committees. NO APPOINTMENTS WERE MADE.
88-430 Neal Road Landfill - gate fee increase - consideration of a revised gate
fee schedule for Neal Road landfill - action requested - APPROVE RESOLUTION
ESTABLISHING GATE FEES AND AUTHORIZE CHAIRMAN TO SIGN.
MOTION: APPROVE RESOLUTION 88-1T2 ESTABLISHING GATE FEES BUT TO ELIMINATE
THE $5.30 MINIMUM, CHARGE REGULAR FEE PER TIRE, AND ADD DEMOLITION
COST OF $1.70.
S M
VOTE: 7 Y 2 Y 3 Y 4 Y 5 Y {Motion carried)
88-431 Consideration of adopting a resolution placing a sales tax measure as
authorized by AB 999 on the November ballot.
MOTION: P10VE TO AUTHORIZE THE CHIEF ADMINISTRATIVE OFFICER TO PREPARE
A RESOLUTION FOR BOARD ACTION ON AUGUST 2, 1988 SUBMITTING THE
SALES TAX TO THE VOTERS IN NOVEMBER.
S M
VOTE: 7 Y 2 Y 3 Y 4 Y 5 Y (Motion carried)
Page 222 July 26, 1988
July 26, 1988
88-432 Discussion of jail, court, and other capital construction needs and
financing options including utilization of general obligation bonds.
(REPORT BY CHIEF ADMINISTRATIVE OFFICER.} CONCENSUS OF DISCUSSION THE
BOARD l~lILL NOT 8E PLACING ANY MEASURE CONCERNING GENERAL OBLIGATION BONDS
ON THE BALLOT THIS NOVEMBER.
(SUPERVISOR PRcLAUGHLIN ABSENT}
88-433 Year end closing budget transfer - the Auditor-Controller has prepared
the final budget transfer for fiscal year 1987-88. This transfer covers
deficiencies in all budgets - action requested - APPROVE BUDGET TRANSFER
B-272. (ITEP9 PULLED UNTIL BUDGET HEARING PROCESS)
$8-43~ Discussion by Senator Quentin Kopp on legislative concern regarding county
fiscal problems. (TO BE TAKEN UP SOPIETIME AFTER LUNCH)
88-435 Report from the Planning Director on the interpretation of wineries as
agricultural processing plants -- action requested - {A) FIND THAT A WINERY
DOES NOT MEET THE DEFINITION OF AN AGRICULTURAL PROCESSING PLANT. (B)
INITIATES R CODE AMENDMENT TO ADOPT THE ABOVE DEFINITIONS AND POLICIES
TO REGULATE AGRICULTURAL PROCESSING PLANTS. PLANNING DIRECTOR TO REPORT
TO BOARD IN AT LEAST TWO WEEKS.
88-436 Consideration of street improvement fees for the Chico Urban Area. (This
item vras continued from the July 19, 1988 meeting but was not listed
on the agenda.)
MOTION: THE NEED FOR PLACING THE MATTER ON THE AGENDA WAS SUBSEQUENT
TO THE AGENDA BEING POSTED.
s r~
VOTE: l Y 2 Y 3 Y 4 A 5 Y (Motion carried)
{SUPERVISOR EULTON ABSENT}
RECESS: 10:30 a.m.
RECONVENE: 11:05 a.m.
(SUPERVISORS FULTON AND McLAUGHLIN PRESENT}
MOTION: MOTION WAS MADE TO ADOPT THE FULL FEE SCHEDULE
S M
VOTE: 1 N 2 Y 3 Y 4 N 5 Y (Motion carried)
SUPERVISOR VERCRUSE REQUESTED COUNTY COUNSEL STAFF GO OVER ORDINANCES
TO BE FINALIZED ON AUGUST 2, 1988.
Page 223 July 26, 1988
Jul.v 26, 1986
Public Hearings _a_nd Timed Items
88-437 Public hearing - Ruth Rasmussen - abandonment of a right-of-way, portion
of Hewitt Avenue, AP 26-23-6, 7, and 9, Palermo. {FROM 6/12/88)
P40TION: MOVE TO ADOPT RESOLUTION 88-1T2(a) APPROVING ABANDONMENT,
ht S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y {Motion carried)
88-438 Public hearing - Richard E, Haines - abandonment of a ten foot public
utility easement, lot 185, Kelly Ridge Estates Unit No. 1, AP 69-1427.
(FRONT 6/21 /88 }
MOTION: PROVE TO ADOPT RESOLUTION 88-112(b) APPROVING ABANDONMENT.
M 5
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Motion carried)
88-439 Public hearing - formation of County Service Area No. 108 (E1 Verano
Estates Subdivision} - the Local Agency Formation Commission has approved
the formation of CSA 108 for the purpose of providing storm drainage
maintenance and street lighting. (FROM 6/21/88}
FROTION: MOVE TO ADOPT RESOLUTION 88-173 APPROVING FORMATION OF COUNTY
SERVICE AREA 108 FOR THE PURPOSE OF PROVIDING STORM DRAINAGE
MAINTENANCE AND STREET LIGHTING.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Motion carried}
88-440 Public hearing - formation of County Service Area No. 109 {~ialnut Grove
Subdivision) - the Local Agency Formation Commission has approved the
formation of CSA 109 for the purpose of providing storm drainage
maintenance and street lighting. {FROM 6/21/88)
MOTION: P10VE TO ADOPT RESOLUTION 8$-114 APPROVING FORMATION OF COUNTY
SERVICE AREA 109 FOR THE PURPOSE OF PROVIDING STORM DRAINAGE
MAINTENANCE AND STREET LIGHTING.
M S
DOTE: 1 Y 2 Y 3 Y 4 Y 5 Y {Motion carried}
Page 224 July 26, 1988
duly 26, 1988
88-441 CLOSED SESSION: The Board recessed at 11:15 a.m. for the purpose of
meet and confer.
88-442 RECONVENE: The Board reconvened at 11:35 a.m. (No announcements}
88-443 Public hearing - formation of County Service Area No. 110 {Renshaw Avenue
Estates Subdivision} - the Local Agency Formation Commission has approved
the formation of CSA 110 for the purpose of providing storm drainage
maintenance and street lighting. (FROM 6/21/88)
MOTION: MOVE TO ADOPT RESOLUTION $8-115 APPROVING THE FORMATION OF CSA
il0 FOR THE PURPOSE OF PROVIDING STORM DRAINAGE MAINTENANCE
AND STREET LIGHTING.
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y {Motion carried}
88-444 Public meeting to discuss Butte County's Community Development 81ock
Grant Annual Performance Report far the Home Repair Program - action
requested - AUTHORIZE THE CHAIRMAN TO SIGN THE ANNUAL PERFORMANCE REPORT.
MOTION: t40VE TO AUTHORIZE THE CHAIRh~AN TO SIGN ANNUAL PERFORMANCE REPORT.
S M
VOTE: T Y 2 Y 3 Y 4 Y 5 Y (Motion carried)
$8-445 Closed hearing - adoption of a specific plan along the East Avenue Corridor
{proposed Negative Declaration regarding environmental impact has been
recommended}; Rezone to R-P; development policies; and a fee schedule.
The plan covers frontage properties from North Avenue to Mariposa Avenue
and properties within 700 feet of East Avenue from Pariposa Avenue to
h9anzanita Avenue, excepting therefrom properties on the south side of
East Avenue between North Avenue and Ceres Avenue, Chico.
MOTION: MOVE TO MAKE THE FINDINGS THAT THE REQUIREMENTS OF CEQA HAVE
BEEN MET AND THAT THE SPECIFIC PLAN COMPLIES AND I5 COMPATIBLE
WITH THE GENERAL PLAN AND THAT WE ADOPT RESOLUTION 88-116 ADOPTING
A SPECIFIC PLAN FOR EAST AVENUE CORRIDOR WITH THE FEE SCHEDULE
ATTACHED AND ADOPT ORDINANCE 2694 APPROVING THE ZONING OF THE
UNINCORPORATED PROPERTIES ALONG THE CORRIDOR FROM U, S-R & R-P
AS IDENTIFIED ON FIGURE 4 OF THE PLAN.
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Motion carried)
Page 225 July 26, 1988
July 26, 198$
88-446 Communications received and referred. {COPIES OF ALL COMTIUNICATIONS
ARE AVAILABLE IN THE CLERK OF THE BOARD OFFICE.)
a. City of Chico submits resolution for the annexation of East Avenue
annexation District No. 6 to LAFCO. (INFORMATION ONLY)
b. City of Chico notice of hearing on the Renshaw Avenue Annexation
District No. 2 set for August 2, 1988 at 7:30 p.m. in the Council
Chambers. {INFORMATION ONLY}
c. Sheriff Leroy Wood - provides statistical information on the Home
Incarceration Program for the month of June 1988. (INFORMATION ONLY}
d. Sheriff Leroy Wood - provides information on activities in the City
of Biggs for the month of June 1988. (INFORMATION ONLY}
$8-447 Public Comment. {PRESENTATIONS WILL BE LIMITED TO FIVE MINOTES. THE
BOARD OF SUPERVISORS IS PROHIBITED BY STATE LAW FRO~1 TAKING ACTION ON
ANY ITEh1S PRESENTED IF IT IS NOT LISTED ON THE AGENDA.} (NONE)
RECESS: 11:40 a.m.
RECONVENE: 1:35 p.m.
Regular Agenda
88-44$ Discussion by Senator Quentin Kopp on legislative concern regarding county
fiscal problems. {INFORMATION ONLY - NO ACTION TAKEN}
88-449 CLOSED SESSION: The Board recessed at 2:10 p.m. for a closed session
for the following: Case of Michael Harvey vs. County
of Butte, Case No. 89282, held pursuant to Government
Code Section 54956.9(a); case of Friends of the Foothills
vs. County of Butte, Case No. 80050, held pursuant to
Government Code Section 54956.9(a}. Two cases involving
potential litigation: County of Butte vs. State Board
of Equalization; and County of Butte vs. State of
California, bath held pursuant to Government Code Section
54956.9(b).
RECO`iUENE: The Board reconvened at 3:10 p.m. following a closed session
concerning litigation. There were no announcements.
Page 226 July 26, 1988
July 26, T988
CLOSED SESSION: The Board recessed at 3:15 p.m. in closed session for
a personnel matter.
RECONVENE: The Board reconvened at 3:25 p.m. following a closed session
concerning personnel. There were no announcements.
ADJOURNr4ENT: There being nothing further before the Board at this time,
the meeting was adjourned at 3:27 p.m. to reconvene on
Monday, August i, 1988 at 9:00 a.m,
Chairman, Bo d o Sup isors
ATTEST:
MARTIN J. NICHOLS Chief Administrative
Offi er and Clerk o the Board
By a.~ ~-_
Page 227 Juiy 26, 1988