HomeMy WebLinkAboutM080288
August 2, 19$8
88- q~51
Call to order - Board of Supervisors room, County Administration Building,
25 County Center Drive, Oroville. Present: Supervisors Dolan, Fulton,
Vercruse, and Chairman McInturf. Martin ~. Nicho1s, chief administrative
officer; Susan Roff, county counsel; and Lauretta Munster, deputy clerk
of the Soard. Absent: Supervisor McLaughlin.
Pledge of allegiance to the Flag of the United States of America.
Items removed from the Consent Agenda for Board consideration and action.
1. Portfolio management information agreement ~- an agreement has been
prepared with Telerate Systems Incorporated in order to implement
the active portfolio management system previously discussed by the
Board. The agreement, in the amount of $12,820, covers the basic
service, connect charges, installation, equipment rental, and circuit
mileage - action requested -. APPROVE AGREEPIENT SUBJECT TO REVIEW
BY COUNTY COUNSEL AND THE AUDITOR RND AUTHORIZE THE TREASURER TAX
COLLECTOR TO SIGN.
2. Butte Community College - tax and revenue anticipation notes (TRAN)
- a resolution has been prepared authorizing a tax and revenue antici-
pation note issuance to pay operating and other expenses for Butte
Community College in 1988-89 in an amount not to exceed $3,000,000
- action requested - ADOPT RESOLUTION AUTHORIZING THE CHAIRMAN TO
SIGN RND AUTHORIZE OTHER APPROPRIATE ACTIONS BY COUNTY OFFICERS
AS REQUIRED.
88-452
Consent Agenda
1. Resolution proclaiming September 1988 as United Way month action
requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIRMAN TO SIGN.
2. Ordinance establishing speed limits on various county roads - action
requested - ADOPT ORDINANCE NO. 2697 A~dD AUTHORIZE THE CHAIRMAN
TO SIGN.
Page 230 August 2, 1988
f I
August 2, 1988
3. Right-of-way acquisition - agreement for sale - Ophir Road extension
(Lincoln Blvd. to Lower Wyandotte Road), Project No. 214b1-84-7;
Par.# Owner Acres Land Impr• Total
1 R.W. Schulz 2.100 $11,130 None $11,130
Action requested - APPROVE AGREEMENT FOR SALE; AUTHORIZE THE
CHAIRMAN TO SIGN; AUTHORIZE THE AUDITOR TO ISSUE WARRANT UPON
DEMAND OF THE COUNTY'S ESCROW AGENT; ACCEPT DEED AND AUTHORIZE
THE CHAIRMAN TO SIGN CERTIFICATE OF ACCEPTANCE.
4. Temporary closure - Honey Run Road - the Public Works Director has
prepared a report recommending the closure of Honey Run Road for
two weeks beginning August 22, 1988, from 8:00 a.m, to 5:00 p.m.,
Pianday through Friday, subject to immediate opening in case of
emergency - action requested - APPROVE RECOMMENDATION OF PUBLIC
WORKS DIRECTOR.
5. County Service Area #4 (Paradise Pines) water quality monitoring
contract - the agreement has been prepared with consulting engineer
Robert L. Nevin in the amount of $3,960 providing for the monitoring
program as required by the Central Valley Regional Water Quality
Control Board. The contract covers services far FY 1988-89 - action
requested - APPROVE CONTRACT ANO AUTHORIZE THE CHAIRMAN TO SIGN.
6. Request for proposal - Community Development Biock Grant Program
Administration - a request for proposal has been prepared for issuance
to consultants to operate the CDBG Program for the 1988-89 grant
which has been approved in the amount of $600,000 - action requested
- AUTHORIZE THE ISSUANCE OF REQUEST FOR PROPOSALS AND APPOINT A
RFP REVIEW COMMITTEE COMPRISED OF SUPERVISORS DOLAN AND P1cINTURF,
DIRECTOR OF PUBLIC WORKS, CHIEF ADMINISTRATIVE OFFICER, AND
AUDITOR-CONTROLLER.
7. Consolidation of election - Town of Paradise - the Town forwards
its Resolution 88-27, a resolution requesting the Board to consolidate
a General Municipal Election to be held on November 8, 1988 with
the statewide general election - action requested - AUTHORIZE
CONSOLIDATION OF ELECTION.
8. AS 3341 (Floyd} - binding arbitration concerning negotiations for
salary and benefits for police and fire fighters - action requested
- OPPOSE AB 3341 AND AUTHORIZE LETTERS OF OPPOSITION.
MOTION: MOVE TO APPROVE CONSENT AGENDA WITH REMOVAL OF ITEMS 3.05
and 3.07.
S M
VOTE: l Y 2 Y 3 Y 4 A 5 Y (Motion carried)
Page 231 August 2, 1988
August 2, 1988
Regular Agenda
88-453 Items removed from the Consent Agenda for Board consideration and action.
T. Portfolio management information agreement - an agreement has been
prepared with Telerate Systems Incorporated in order to implement
the active portfolio management system previously discussed by the
Board. The agreement, in the amount of $12,820, covers the basic
service, connect charges, installation, equipment rental, and circuit
mileage.
MOTION: MOVE TO APPROVE AGREEMENT SUBJECT TO REVIEW BY COUNTY COUNSEL
AND THE AUDITOR AND AUTHORIZE THE TREASURER - TAX COLLECTOR
TO SIGN.
S M
VOTE: l Y 2 Y 3 Y 4 A 5 Y (Motion carried}
2. Butte Community College - tax and revenue anticipation notes (TRAM}
- a resolution has been prepared authorizing a tax and revenue
anticipation note issuance to pay operating and other expenses for
Butte Community College in 1988-89 in an amount not to exceed
$3,000,000 - action requested - ADOPT RESOLUTION N0. 88-719
AUTHORIZING THE CHAIRMAN TO SIGN AND AUTHORIZE OTHER APPROPRIATE
ACTTONS BY COUNTY OFFICERS AS REQUIRED.
h40TI0N: MOVE TO ADOPT RESOLUTION NO. 88-719 AUTHORIZING THE CHAIRMAN
TO SIGN AND AUTHORIZE OTHER APPRORIATE ACTIONS BY COUNTY OFFICERS
AS REQUIRED.
S M
VOTE: l Y 2 Y 3 Y 4 A 5 Y (Motion carried)
88-454 Appointments - commissions and committees. (NO APPOINTMENTS WERE MADE}
SUPERVISOR VERCRUSE REQUESTED REPORT ON NITRATE ACTION PLAN FOR MEETING
OF AUGUST 16, 1988.
88-455 Presention by Patricia A. Long, executive director, United Way of
Butte-Glenn Counties. SUPERVISOR McINTURF PRESENTED RESOLUTION $8-178
TO MS. LONG DECLARING SEPTEMBER 1988 UNITED WAY MONTH AND AUTHORIZED
DISTRIBUTION OF UNITED WAY BROCHURE AND DONOR CRRD TO EACH COUNTY
EMPLOYEE, AND AUTHORIZE PAYROLL DEDllCTION CONTRTBUTIONS.
(SUPERVISOR McLAUGHLIN PRESENT)
CHAIRMAN McTNTURF ANNOUNCED THE AUGUST 3, 1988 BUDGET SE55ION HAS BEEN
MOVED FROM 9:00 A.M. TO 8:00 A.M.
Page 232 August 2, 1985
,~.._
August 2, 1988
88-456 Resolution placing a sales tax measure as authorized by AB 999 on the
November 8, 1988 ballot.
r90TI0N: ITEM TO BE PLACED ON THE NOVEMBER 8, T988 BALLOT AS STATED
IN RESOLUTION 88-120.
S M
VOTE: T N 2 Y 3 Y 4 Y 5 Y (Motion carried}
CHAIRMAN McINTURF APPOINTED SUPERVISORS FULTON AND VERCRUSE TO SERVE
AS A REVIEW COMMITTEE FOR BALLOT ARGUMENT.
88-457 Consideration of ordinance adopting Chico street fee schedule.
MOTION: MOVE TO WAIVE THE FIRST READING OF THE ORDINANCE.
M S
VOTE: l Y 2 Y 3 Y 4 N 5 Y (Motion carried)
88-458 Citizen`s Advisory Committee - energy, natural resources, and recreation
element to the Butte County General Plan.
f~10TION: MOVE TO AUTHORIZE ESTABLISHMENT OF CITIZEN'S ADVISORY COMMITTEE.
S M
VOTE: 7 Y 2 Y 3 Y 4 Y 5 Y (Motion carried)
88-459 Closed hearing - David Manthei - proposed negative declaration with
mitigation measures regarding environmental impact and rezone from FR-40
{Foothill Recreational - 4O acre parcels) to FR-3 {Foothill Recreational
- 3 acre parcels } on Lots 2 and 3 to Richardson Hi17s Subdivision,
approximately T/4 mile north of Richardson Springs Road on the east
side of Cahasset Road and the west side of Panorama Drive, identified
as AP 47-23-0--059, 060, Northeast Chico. (FILE 87-26 FROM 2/23/88)
MOTION: MOUE TO TAKE THE SUGGESTED ACTION AND MOVE TO TAKE A, B, C
AND D AS OUTLINED IN THE MEMO DATED JULY 22, 198$ AS FOLLOWS:
A. FIND THAT THE REQUIREMENTS OF CEQA HAVE BEEN COMPLETED
AND CONSIDERED IN MAKING THIS DECISION AND ADOPT A NEGRTIVE
DECLARATION WITH MITIGATION PEASURES; AND
B. FIND THAT THE PROPOSED REZONE WILL CONFORM TO ALL THE
POLICIES, INCLUDING THE TEXT AND MAP, OF THE BUTTE COUNTY
GENERAL PLAN IF THE MITIGATION MEASURES AND INDEMNITY
AGREEt4ENT ARE MADE R PART OF THE REZONE; AND
C. ADOPT AN ORDINANCE REZONING TO FR-5 THAT PROPERTY IDENTIFIED
AS AP 47-23-59 AND 60 (DAVE MANTHEI); AND
Page 233
August 2, 1988
August 2, 1988
D. APPROVE THE INDEMNITY AGREEMENT AND AUTHORIZE THE CHAIRMAN
TO SIGN.
5 M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y {Motion carried)
88-460 Closed hearing - Paul Hendricks on behalf of Chico Unified School District
- proposed negative declaration regarding environmental impact and apeals
the Planning Commission's denial of a use permit to allow a public use
(an e]ementary school for 500 students} on property zoned AR-5
(Agricultural - Residential - 5 acre parcels) located on the southwest
corner of Highway 32 and Schott Road, identified as AP 63-21-15, l6,
18, Forest Ranch. (From 7-T2-88)
MOTION: ACCEPT RECOMMENDATION OF STAFF MEMO DATED AUGUST 2, 1988; MAKE
THE FINDINGS LISTED UNDER "A"; AND INCLUDE ALL OF THE CONDITIONS
NUMBERED l THROUGH 25 AS RENUMBERED WITH THE ADDITION OF
REQUIREMENT OR LANGUAGE REGARDING CROSSING GUARDS (N0. 23}.
A. Find that:
1. An Initial Study was completed in compliance with CEQA.
2. Said Study and comments received thereon identified
patential7y significant environmental effects that the
project may have had but:
a. Revisions in the project plans or proposals made
by or agreed to by the applicant would avoid such
effects or mitigate such effects to a point where
clearly no significant environmental effects would
occur, and
b. There is no substantial evidence before the County
that the project as revised may have a significant
effect on the environment.
3. A proposed Negative Declaration has been completed in
compliance with CEQA and is approved and adopted.
B. Find that said Negative Declaration together with any comments
received during the public review process have been reviewed
and considered.
C. Approve the proposed Use Permit to allow a 500-student
elementary school on AP 63-21-75, 16, 18 {Chico Unified
School District), subject to the following conditions:
Page 234 August 2, 1988
August 2, 7988
T. School districts are agents of the State. It is incumbent
upon the district to meet all of the State's requirements.
Any costs associated with meeting the State's conditions
are the responsibility of the Chico Unified School
District and not the County of Butte.
2. A registered soils engineer shall oversee grading,
compaction and preparation of foundations. Particular
attention shall be given to slope preparation, compaction,
stabilization, and foundations over the old pond area.
3. All cut or fill banks over six feet shall be covered
with a suitable matting material to protect soil from
wind and water erasion.
4. Landscaping and sprinklers to be installed on all banks
over six feet.
5. Areas disturbed by grading, construction and vegetation
removal shall be avercovered and stabilized with pavement,
riprap and/or vegetation to protect the soil from erosion.
b. Drainage plans shall be submitted to the Department
of Public Works and the State Architect for approval.
All required facilities shall be installed.
7. Plant two rows of evergreen trees on TO-foot centers
along the west and south property lines, where native
vegetation has been removed.
8. A71 parking lot Tights to be directional and
"low-spillover."
9. If deemed necessary by the Fire Department, widen the
graver driveway for fire truck access and turnaround.
Tank shall be fitted with a Fire Department connection.
T0. The 30,000-gallon water tank shall be filled at a rate
not to exceed 6,000 ga11ons per day.
ll. Prior to any development related grading, provide
verification that the grading will not adversely affect
the location, design, installation or operation of the
sewage disposal system.
12. Sewage dispasaT system shall be approved by and installed
pursuant to the requirements of the Regional Water Quality
Control Board and Butte County.
Page 235 Rugust 2, 1988
August 2, 1.988
13. Provide verification that adequate quantities of potable
water are available for the school. Provide the
verification to Environmental Health prior to beginning
site improvement.
14. Provide a public water supply system and well in
compliance with the California Safe Drinking Water Act
and the Butte County We7T Ordinance.
15. Any dumpster or trash cans located on--site shall be
contained within a sight-obscuring fence.
16. Six-foot chain link fence sha11 be installed along the
west and north lines of "paved play" and "soccer fields"
shown on the site plan, when "paved play" and "soccer
fields" are constructed. Fence on north side of "paved
play" to be removed when fence is installed on the north
side of the "soccer field."
17. Items {a)-{f) below, or such other standards and
requirements as may be imposed on CUSD by CalTrans in
connection CUSD's encroachment permit, provided that
funding therefor is approved by the Office of Local
Assistance and the State Allocation Board:
a. Construct left-turn channelization for westbound
traffic on Highway 32.
b. Cut back the bank an the east side of Highway 32
to improve sight distance for vehicles on Schott
Road.
c. Construct a right-turn lane on eastbound Highway
32.
d. Install a crosswalk across the highway and flashing
amber vaarni ng 1 i ghts .
e. Lay a thin blanket of AC overlay on Highway 32 within
the limits of work.
f. Install recessed pavement markers on Highway 32.
g. CUSD agrees to indemnify County and hold County
harmless for any costs or expenses incurred by County
in the course of completing construction of items
{a)-{f) above.
18. Set back the well 100 feet from property lines.
Page 236 August 2, 1988
August 2_,_1988
19. Meet the requirements of the Department of Fish and
Game concerning construction within the "development
zone" of migratory deer herds.
20. Record reversion to acreage on AP 63-21-15, 16, & 18.
22. No buildings or playground equipment shall be constructed
within 20 feet of overhead lines without PG&E's written
permission. No costs associated with relocation of
poles shall be borne by the County.
23. School District shall bear full liability and financial
responsibility should crossing guards ever be needed.
24. Pursuant to Butte County Code Section 24-48.1, Chico
Unified School District has two years from the date
of permit issuance to begin construction.
25. Applicant to comply with a17 other state and local
statutes, ordinances, and regulations.
88-461
M S
VOTE: 7 Y 2 Y 3 Y 4 Y 5 Y (Motion carried}
Report from state mandates committee on a proposed county crisis
conference.
P~70TION: BOARD APPROVE THIS CONCEPT AND HAVE THE CHIEF ADMINISTRATIVE
OFFICE WORK WITH THE ECONOMIC DEVELOPMENT CORPORATION TO SET
THE CONFERENCE UP ON SEPTEMBER 15, 1988.
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Motion carried}
88-462 Selection of CSAC Board of Director Member for 1989.
CHAIRMAN McINTURF EXERCISED PREROGATIVE OF THE CHAIR AND APPOINTED
SUPERUISOR VERCRUSE TO THE POSITION.
88-463 Discussion of joining Northern California County Supervisors Association.
(Supervisor Vercruse)
MOTION: THAT BUTTE COUNTY NO LONGER BELONG TO SACRAMENTO - MOTHER LODE
SUPERVISORS ASSOCIATION.
VOTE: l Y 2 Y 3 Y
RECESS: 70:15 A.M.
RECONVENE: 11:03 A.M.
M S
4 Y 5 Y ( P~oti on carried )
Page 237 August 2, 1988
August 2, T9$8
Public Hearings and Timed Items
88 464 Continued hearing - Debra Anderson (Chiarucci} c/o Bachman and Associates
- abandonment of Old Glenwood Avenue located on a portion of "Old"
Glenwood Avenue extending from State Highway 32 along Lindo Channel
to Glenwood Avenue, AP 42-13-T and 46, Chico. (From 7-72-88},
MOTION: MOVE THAT THE ABANDONMENT PETITION BE DENIED.
M S
VOTE: T Y 2 Y 3 Y 4 Y 5 Y (Nation carried}
88-465 Continued hearing - Wheeler Orchards -- proposed negative declaration
regarding environmental impact and appeal of the Planning Commission's
approval of a Use Permit to allow the segregation of a one acre
agricultural homesite on property zoned A--5 (Agricultural - 5 acre
parcels} located on the south side of Sheldon Avenue, 60O -~ feet west
of Larkin Road, identified as AP 024-08-0-050, Gridley. (From 7-T9-88)
h10TI0N: DEFER ACTION ON THE APPEAL UNTIL SUCH TIME AS THE COUNTY CODE
CAN BE AMENDED TO DELETE THE REQUIREMENT THAT CONTIGUOUS PARCELS
UNDER RELATED OWNERSHIP MUST BE INCLUDED WITHIN THE PLAN AND
COVENANT. SUCH AN AMENDMENT COULD PROVIDE THAT ONLY THE PARCEL
FROM WHTCH THE HOMESITE IS BEING SEGREGATED MUST BE INCLUDED
WITHIN THE DEVELOPMENT PLAN AND COVENANT. THIS WOULD BE R
CHANGE OF POLTCY REQUIRING A CODE AMENDMENT WHICH SHOULD BE
CONSIDERED FIRST BY THE PLANNING COMMISSION AND THEN REFERRED
BACK TO THE BOARD OF SUPERVISORS FOR ACTION. THE PLANNING
DIRECTOR ADVISES THAT THE APPLICANT IS WTLLTNG TO WAIVE ALL
TTME DEADLINES AND WAIT FOR SUCH AMENDMENT TO BE MADE BEFORE
REQUESTING ACTION ON THE APPEAL. SUPERVISOR McLAUGHLIN AND
VERCRUSE TO DRAFT LANGUAGE FOR THE PLANNING COMMISSION TO
CONSIDER AND BRING BACK BOTH THAT LANGUAGE AND THIS APPLICATION
AT A TIME CERTAIN.
M s
VOTE: 7 Y 2 Y 3 Y 4 Y 5 Y (Nation carried)
Communications
88-466 Communications received and referred. {COPIES OF ALL COMMUNICATIONS
RRE AVAILABLE IN THE CLERK OF THE BOARD OFFICE.)
A. James L. Simpson, Bridgeport - writes requesting the Board follow
the Tead of Mono County to end the mandatory underground tank testing
until such time as tank testers are certified by the state and are
required to carry liability insurance. {REFER TO PUBLIC HEALTH
FOR REPORT AND RECOr~EMENDATTON)
Page 238 August 2, 7988
August 2, 1988
88--467 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 11:33 A.M. to reconvene in
budget session on Wednesday, August 3, 1988 at 8:00 a.m.
airman, Board o Supervis
ATTEST:
MRRTIN J. NICHOLS, Chief Administrative
Offic r and Clerk of the Board
By .a~.~
Page 239 August 2, 1988