Loading...
HomeMy WebLinkAboutM081688a_. Aucrust 1~ 1988 Call to order - Board of Supervisors room, County Administration Building, 25 County Center Drive, Oroville. Fresent: Supervisors Dolan, Vercruse and Chairman McInturf. Martin J. Nichols, chief administrative officer; Susan Roff, county counsel; and Carol Roach, assistant clerk of the Board. Not present: Supervisors Fulton and McLaughlin. Pledge of allegiance to the Flag of the United States of America. 88-498 Items removed from the Consent Agenda for Board consideration and action. 1. Budget transfer - action requested - APPROVE BUDGET TRANSFER B-274. {CONTINUED TO 8/23/88? 2. Formation of County Service Area No. 112 (Young & Hobart Subdivision) - the Lacal Agency Formation Commission has approved the formation of CSA No. 112 far the purpose of providing sewer line maintenance - action requested -ADOPT A RESOLUTION SETTING A PUBLIC HEARING DATE FOR SEPTEMBER 27, 1988 AT 11:15 A.M. {CONTINUED TO 8/23/88) 3. Appointment to Emergency Medical Care Committee - action requested -APPOINT STEVE R. STMPSON TO SERVE AS THE PARAMEDIC REPRESENTATIVE UNTIL JUNE 30, 1991. (CONTINUED TO 8/23/$8} 4. Consideration of ordinance adapting Chico street fee schedule - action requested - WATVE THE SECOND READING AND ADOPT THE ORDINANCE. 88-499 Consent Acrenda 1. Approve minutes - action requested - APPROVE MINUTES OF JULY 19, 1988. Page 248 August i6, 1988 August 1~ 1988 2. Formation of County Service Area No. 111 {Haiku Estates Subdivision} - the Butte County Local Agency Formation Commission has approved the formation of CSA No. 111 for the purpose of providing street lighting and storm drainage maintenance - action requested - ADOPT RESOLUTION 88-121 SETTING A PUBLIC HEARING DATE FOR SEPTEMBER 27, 1988 AT 11:00 A.M, 3. Gounty library donations - in accordance with Government Code Section 25355, donations have been received for the Butte Gounty Library firust for books as follows: $100 from Harland E. Rex and $440 from Gridley Friends of the Library - action requested - ACCEPT DONATIONS AND AUTHORIZE LETTERS OF APPRECIATION. 4. Appointment to the County Medical Services Program {CMSP} Small County Advisory Committee -action requested -APPOINT JIM BOTTLE TO SERVE THROUGH SEPTEMBER 30, 19$9. 5. Appointments to Building Code Board of Appeals - action requested - REAPPOINT LYLE CHRYSLER, DAN COOK, STEVE HONEYCUTT, LEROY BIGGER TO SERVE UNTIL AUGUST 1, 1992. &. Final map -Haiku Estates Subdivision -the developer has provided letters of credit to guarantee construction of improvements within one year and has also provided an agreement not to oppose formation of an assessment district far drainage facilities in Mud Creek on the 24 lot subdivision, AP 06-33-01 and 02, property located on the south side of Shasta Avenue at Surrey Lane, Chico area - action requested - APPROVE THE FINAL MAP; ACCEPT EASEMENTS AS GRANTED IN ITEMS A, B AND C OF THE OWNER'S CERTIFICATE ON BEHALF OF THE PUBLIC; ACCEPT GRANT IN FEE SIMPLE BROOKVINE CTRGLE AND ONE FOOT NO ACCESS STRIPS AS OFFERED TN THE OWNER'S CERTIFICATE; AND AUTHORIZE THE CHAIRMAN TO SIGN THE SUBDIVISION AGREEMENT. 7. Annexation to County Service Area No. 104 {Riverbend Subdivision} - the Butte County Local Agency Formation Commission has approved the annexation of 15 parcels comprising five acres located adjacent to West Lindo Avenue, Chico to CSA No. 104 for the purpose of obtaining street lighting and storm drainage maintenance - action requested - ADOPT RESOLUTION 88- 123 APPROVING THE ANNEXATION AND AUTHORIZE THE CHAIRMAN fi0 SIGN. 8. Investments information report - the Treasurer/Tax Collector submits the July 29, 1988 report in accordance with AB 1073 and the County's investment policy - action requested - ACCEPT FOR INFORMATION. 9, Reissuance of warrant -Kenneth and Vicky Smith -action requested - AUTHORIZE REISSUANGE OF WARRANT 54353 DATED JANUARY 1©, 1984 IN THE AMOUNT OF $8.94. Page 249 August 16, 1988 Au~st 16~, 1988 14. Amendment No. 1 - Connerly & Associates agreement - the amendment provides for continuation of the professional services agreement for administration of Community Development Block Grant program income funds through June 30, 1989 at the same monthly fee of $840 -action requested -APPROVE CONTRACT AMENDMENT AND AUTHORIZE THE CHAIRMAN TO SIGN. 11. Resolution declaring August 18, 1988 as Maria Benton/Exchange Club Child Abuse Prevention Awareness Day - action requested - ADOPT RESOLUTION 88-124 AND AUTHORIZE THE CHAIRMAN TO SIGN. 12. Salary ordinance amendment -the ordinance completes the agreement with the General Unit adopted in Ordinances 2675 and 2683 to increase the salaries of the nursing and related management classes - action requested - WAIVE THE FIRST READING OF THE ORDINANCE. 13. Contract change order No. 1 - Grainland Road, Durnel Drive and Cana Highway reconstruction, Project No. 39153-88-1 - the change order in the decreasing amount of $1,355.65 provides for the final adjustment in contract items at contract prices and extra work far regrading a portion of Grainland Road - action requested -APPROVE CHANGE ORDER AND AUTHORIZE THE CHAIRMAN TO SIGN. 14. Notice of completion - Grainland Road, Durnel Drive and Cana Highway reconstruction, Project No. 39153-88-1 - all work on the project has been completed in accordance with the plans and specifications - action requested - ACCEPT PROJECT AND AUTHORIZE THE CHAIRMAN TO SIGN NOTICE OF COMPLETION AND AUTHORIZE FILING OF NOTICE OF COMPLETION. 15. Contract change order No. ~. - Fourteenth Street reconstruction, project No. 26455A-87-1 -the change order in the increasing amount of $22,843.74 provides for final adjustment in contract items at contract prices and extra work for regrading and lime treating portions of the subgrade -- action requested - APPROVE CHANGE ORDER AND AUTHORIZE THE CHAIRMAN TO SIGN. 16. Notice of completion - Fourteenth Street reconstruction, project No. 26455A-87-1 - all work on the project has been completed in accordance with the plans and specifications - action requested - ACCEPT PROJECT, AUTHORIZE THE CHAIRMAN TO SIGN NOTICE OF COMPLETION AND AUTHORIZE FILING OF NOTICE OF COMPLETION. Page 254 August 16, 1988 August 1~ 1988 17. County Veteran Service Officer - Medi-Cal Cast Avoidance Program Participation agreement - a letter of assurances has been prepared to the State Department of Veterans Affairs agreeing to participate in the Medi-Cal Cost Avoidance Program with a small unidentified amount of revenue being reimbursed to Hutte County - action requested - APPROVE LETTER OF ASSURANCE PARTICIPATION AND AUTHORIZE THE CHAIRMAN TO SIGN. 1$. Amendment to AIDS contract - an amendment has been prepared to Agreement No. 85-87245 with the State Department of Health Services adjusting the maximum amount payable to Butte County for 1987-88 to reflect the actual expenditures - action requested - APPROVE CONTRACT AMENDMENT AND AUTHORIZE THE CHAIRMAN TO SIGN. 19. 1988-89 AIDS education project contract - contract Na. 8894166 has been prepared with the State Department of Health Services in the amount of 565,000 to provide for AIDS education -action requested - APPROVE CONTRACT AND AUTHORIZE THE CHAIRMAN TO SIGN. 20. 1988-89 family planning agreement - agreement no. $8-93870 has been prepared with the State Department of Health Services in the amount of 540,000 to provide for Family Service Planning activities -action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIRMAN TO SIGN. 21. 1988-89 milk examination contract - contract no. 88-0450 has been prepared with the State Department of Food and Agriculture in the amount of $4,000 to provide for milk examination for the state -action requested - APPROVE CONTRACT AND AUTHORIZE THE CHAIRMAN TO SIGN. 22. 1988-89 drug and alcohol plan and budget (preliminary) -the Substance Abuse Advisory Council has reviewed the plan and recommends it be approved in the amount of 5270,408 for drug and $513,338 for aleohvl - action requested - APPROVE fiHE FLAN AND BUDGET AND AUTHORIZE THE CHAIRMAN TO SIGN THE PLAN CERTIFICATION. 23. Parent Education Network contract - an agreement has been prepared between the Department of Social Welfare (Child Protective Division) and the Parent Education Network in the amount of $94,596 covering the period July 1, 1988 through June 30, 1989 covering parenting classes, in-home parenting education, and child care services - action requested - APPROVE CONTRACT AND AUTHORIZE THE CHAIRMAN TO SIGN. Page 251 August 16, 1988 August 161 2988 24. Consolidation of election - City of Chico - the city forwards its resolutions and ordinance requesting the Board to consolidate a General Municipal Election to be held on November 8, 3.988 with the statewide General Election -action requested - AUTHORIZE CONSOLIDATION OF ELECTION. 25. Consolidation of election -- City of Oroville - the city forwards its Resolution No. 4318 requesting the Board to consolidate a General Municipal Election to be held an November 8, 1988 with the statewide General Election - action requested -- AUTHORIZE CONSOLIDATION OF ELECTION. 26. Butte County Hazardous Waste PYanagement Plan extension - a letter has been prepared for submittal to the State Department of Health Services requesting an extension of time from October 1, 1988 to February 1, 2989 to submit the final plan - action requested - APPROVE REQUEST AND AUTHORIZE THE CHAIRMAN TO SIGN LETTER. 27. General Assistance regulation changes -action requested - APPROVE APiENDNfENTS TO THE GENERAL ASSISTANCE MANUAL AS SUBMITTED. MOTION: DOVE TO APPROVE CONSENT AGENDA WITH REMOVAL OF ITEMS 3.02, 3.04, 3.08 AND 3.31. M S VOTE. l Y 2 Y 3 Y 4 AB 5 AB {Unanimously carried) Regular Agenda 88-504 Items removed from the Consent Agenda for Board consideration and action. 1. Consideration of ordinance adopting Chico street fee schedule - action requested -WAIVE THE SECOND READING AND ADOPT THE aRDINANCE. MOTION: MOVE TO WAIVE THE SECOND READING OF THH ORDINANCE. S M VOTE: l Y 2 Y 3 Y 4 AB 5 AB {Unanimously carried) MOTION: MOVE TO ADOPT ORDINANCE 2695. S M VOTE: 1 N 2 Y 3 Y 4 AB 5 AB {Motion carried) $8-501 Appointments - commissions and committees. {NONE? Page 252 August 16, 1988 A._ugus~ 1__6, 1988 8$--502 Consideration of accepting a late appeal - Jane Southcott -appeal of the Flanning Commission's denial of a use permit {item determined to be categorically exempt from environmental review} to allow an additional dwelling on property zoned AR-5 {Agricultural- Residential -five acre parcels? located at the northeast end of Patenaude Court, 1/4 mile north off of Circle Drive, identified as AP 36-14-057, Oroville area. {163} MOTION: MOVE THAT THE BOARD HAS BEEN ADVISED THAT THIS WOULD NOT CHANGE THE ENVIRONMENTAL REVIEW FINDINGS; DOES NDT CONFLICT WITH THE GENERAL PLAN; THE BOARD HAS BEEN PRESENTED 'WITH SUFFICIENT REASON WHY THE APPLICANT MISSED THE DEADLINE FOR FILING AN APPEAL T.E. ILLNESS AND DUT 4F TOWN, AND SET THE PUBLIC HEARING FDR SEPTEMBER 13, 1988 AT 11;15 A.M. M S VOTE: 1 Y 2 Y 3 Y 4 AB 5 AB {Unanimously carried) 88-503 Status report on implementation of zoning code enforcement. (REPORT ON ZONING CODE VIOLATIONS ON RESERVOIR ROAD BY AL PAULSON, OROVILLE; REPORT ON STATUS OF CODE ENFORCEMENT OFFICERS, VIOLATION ENFORCEMENT AND THIS SPECIFIC VIOLATION BY BETTYE KIRCHER, PLANNING DIRECTOR; NExL McCABE, DEPUTY COUNTY COUNSEL; HOWARD SNYDER, ENVIRONMENTAL HEALTH, AND LT. JAMES MILLER, CALIFORNIA HIGHWAY PATROL.) {373) 88-504 Ordinance adding Chapter 41 to the Butte County Code establishing code enforcement policies and procedures - action requested -- WAIVE THE FIRST READING OF THE ORDINANCE; DIRECT THE DRAFT ORDINANCE TO THE MUNICIPAL COURT JUDGES FOR THEIR REVIEW AND COMMENTS FRIOR TO ADOPTING THE ORDINANCE; AND CONTINUE THE SECOND READING AND ADOPTION TO SEPTEMBER 13, 1988. {1255} MOTION: MOVE FOR THE ACTION AS REQUESTED. M S VOTE: 1 Y 2 Y 3 Y 4 AB 5 AB (Unanimously carried) 88-505 Report from Planning Director on the interpretation of wineries as agricultural processing plants - action requested - {~,) FIND THAT A WINERY DOES NOT MEET THE DEFINITION OF AN AGRICULTURAL PROCESSING PLANT. {B) INITIATES A CODE AMENDMENT TO ADOPT THE .ABOVE DEFINITIONS AND POLICxES TO REGULATE AGRICULTURAL PROCESSING PLANTS. {1501) Page 253 August 16, 1988 August 15,E 1988 MOTION: MOVE TO DIRECT STAFF NOT TO PURSUE THE CODE AMENDMENT AND CHANGE OF THE DEFINITION FOR AGRICULTURAL PROCESSING, BUT INSTEAD REQUEST THAT THE INCLUSION OF A TASTING ROOM IN THE APPLICATION BE ELIMINATED, PURSUE THE WINERY NOW, AND HAVE STAFF PURSUE A CODE AMENDMENT THAT WOULD ADDRESS TASTING ROOMS AS A USE PERMIT AND HAVE APPLICANT, WHEN READY FOR A TASTING ROOM, COME BACK AND APPLY FOR A USE PERMIT FOR THE TASTING ROOM ONLY. S M VOTE: 1 Y 2 Y 3 Y 4 AB 5 AB (Unanimously carried) 88-506 Boat drags in the afterbay scheduled for August 20-21, 1988, and traffic regulation on Grand Avenue which requires Board authorization. (1634) MOTTON: MOVE TO FIND THAT THIS MATTER AROSE AFTER THE POSTING OF THE AGENDA. S M VOTE: 1 Y 2 Y 3 Y 4 AB 5 AB (Unanimously carried) PiOTION: AUTHORIZE THAT GRAND AVENUE FROM 24TH STREET TO ITS WESTERLY END BE DESIGNATED AND POSTED NO PARKING ON A TEMPORARY BASIS ON SATURDAY, AUGUST 20, 1988 AND SUNDAY, AUGUST 21, 1988. S M VOTE: l Y 2 Y 3 Y 4 AB 5 AB (Unanimously carried) Public Hearings and Timed Items 88-507 CLOSED HEARING: The Board recessed at 10:22 A.M. for a closed session for the purpose of personnel and actual litigation {Harvey vs. County of Butte, case no. 89282) pursuant to Government Code Section 54956.9(a). RECONVENE: The Board reconvened at 11:05 a.m. following a closed session for the purpose of personnel and actual litigation. (NO ANNOUNCEMENTS.) (Mike Pyeatt, deputy administrative officer present representing Martin J. Nichols, chief administrative officer.) (Neil McCabe, deputy county counsel present representing Susan Roff, county counsel.) 88-508 Public hearing - David Enget - consideration of proposed negative declaration of rezone from A-5 {Agricultural, five acre parcels) to A--24 (Agricultural, 24 acre parcels) on property located on the south side of Las Ver,~eles Road approximately 1.5 miles east of La Porte Road, identified as AP 28-49-44 and 28-23-33, Bangor. (2399) Page 254 August 16, 1988 Au ust 1~ 198$ MOTION: FIND THAT THE REQUIREMENTS OF CEQA HAVE BEEN COMPLETED AND CONSIDERED IN MAKING THIS DECISION AND RECOMMEND THAT THE BOARD OF SUPERVISORS ADOPT A NEGATIVE DECLARATION; AND FIND THAT THE PROPOSED REZONE TO A~20 CONFORMS TO THE POLICIES, INCLUDING THE TEXT AND MAP, OF THE BUTTE COUNTY GENERAL PLAN BECAUSE THE PROPOSED ZONING IS COMPATIBLE WITH THE TERRAIN AND USES OF ADJACENT PROPERTIES; AND ADOPT ORDINANCE 2698 REZONING TO A-20 THAT PROPERTY IDENTIFIED AS AP 28-09°07 AND 28-23-33 (DAVID ENGET}; AND ADOPT RESOLUTION 88-122 APPROVING AN AGREEMENT SUBJECT TO THE FOLLOWING CONDITION: 1. APPLICANT TO COMPLY WITH ALL STATE AND COUNTY ORDINANCES AND POLICIES IN EFFECT AT THE TIME OF THE FILING OF THE FINAL MAP. M S VOTE: 1 Y 2 Y 3 Y 4 AB 5 AB (Unanimously carried) RECESS: 11:09 A.M. RECONVENE: 11:15 A.M. 88509 Public hearing - James Nell Stanley and Ann Ross Mowery - appeal of the Subdivision Violation Committee conditions, AP 71-24-25: 1. Provide satisfactory evidence that a suitable site for the installation and replacement of a sewage disposal system far a single family residence exists on the property; 2. Verify legal access to the property from a publicly maintained road; 3. Frovide traversable access to the property from a publicly maintained road. {2484} MOTION: MOVE TO DENY THE APPEAL. M S VOTE: 1 Y 2 Y 3 Y 4 AB 5 AB {Unanimously carried} 88-510 Public hearing -Terry Greerty - appeal of the Advisory Agency requirement that an Environmental Impact Report be prepared on tentative parcel map, AP 28-17-07 and AP 72-23-03, 20 parcels, property located approximately 1,000 feet north of the intersection of Hurleton Swedes Flat Road and Swedes Flat Road on both sides of Hurleton Swedes Flat Road, Swedes Flat area. (2915) (**00} MOTION: MOVE S VOTE; 1 Y 88-511 Communication ARE AVAILABLE TO DENY THE APPEAL. M 2 Y 3 N 4 AB 5 AB (Motion carried} Communications 5 received and referred. (COPIES OF ALL COMMUNICATIONS IN THE CLERK OF THE BOARD OFFICE.) Page 255 August 1b, 1988 i Aug~t5t 161 1988 a. Housing Authority of the County of Butte -- writes advising that Janice Reynolds no longer qualifies as tenant commissioner to the Housing Authority Board. {DIRECT THAT VACANCY BE POSTED IN ACCORDANCE WITH THE LAW.) b. State Department of Finance - writes in follow-up to previous Board communications related to the Trial Court Funding Program. (REFER TO CHIEF ADMINISTRATIVE OFFICER.} 88-512 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.} RECESS: There being nothing further before the Board at this time, the meeting was adjourned at 11:50 a.m. to reconvene on Tuesday, August 23, 1988 at 9:00 a.m. C airman, Board of Supervis ATTEST: MARTIN J. NICHOLS, Chief Administrative Offic and Clerk o the Board By : ' ~.. Page 256 August 16, 1.988