HomeMy WebLinkAboutM110486November 4, 1986
Call to order - Board of Supervisors room, County Administration
Building, 25 County Center Drive, OrovilTe. Present:
Supervisors Dolan, Fulton, Mclnturf, Wheeler and Chairman McLaughlin;
Martin J. Nichols, chief administrative officer; Narvey Wallace, county
counsel; and Rubye Townsley, deputy clerk of the Board.
Pledge of allegiance to the Flag of the United States of America.
86-610 Additional items from Board members to be addressed at the end of
the day. (NONE.)
86-611 Items removed from the Consent Rgenda for Board consideration and
action. (NONE.)
86-612 Items added to the Consent Rgenda:
(20)
1. Industrial revenue bond financing and negative declaration regarding
environmental impact - Negley Tile Company application for
financing assistance through the issuance of tax exempt industrial
revenue bonds under the California Industrial Development Financing
Act.
2. Attorney services agreement - Law Offices of Stewart, 8umpherys,
Burchett, Patrick, Sandelman and Thompson - the agreement in
the amount of $75 per hour plus expenses covers attorney
representative services for litigation.
86-613 Consent Agenda
X34) 7. Approval of minutes. APPROVED r1INUTES OF OCTOBER 21, 1986.
2. Budget transfers. APPROVED BUDGET TRANSFERS 5-25, 5-26, B-27
AND B-28.
Page 73
86--613
(Cont'd) 3. William C. Bradley - abandonment of a portion of a six-foot public
utilities easement - Lot 82 Kelly Ridge Estates Unit 2B. ADOPTED
RESOLUTION 86-148 5ETTING HEARING DATE FOR DECEMBER 2, 1986 AT
11 :00 A.r1.
4. Elton R. Garner, Jr. - abandonment of Dyer Road. ADOPTED
RESOLUTION 86-149 SETTING HEARING DATE FOR DECEMBER 2, 1986 AT
11:OG A.M.
5, Appointment to Butte County Hauling Authority. APPOINTED
GLADYS WAIDELEY TO SERVE UNTIL APRIL 21, 1988.
6, Final map - Silver Tree II Subdivision, Phase I - the developer
has provided an irrevocable .letter of credit to guarantee
construction of improvements on the 24-lot subdivision,
AP 42-15-16, 25, 27, and 28, property located on the south end
of Skylark Drive, Chico area. APPROVED THE FINAL MAP; ACCEPTED
EASEMENTS AS GRANTED IN ITEh1 "C" OF THE OIdNER'S CERTIFICATE ON
BEHALF OF THE PUBLIC; ACCEPTED GRANT IN FEE SIMPLE BIDWELL AVENUE,
SKYLARK DRIVE, HERON LANE AND ONE-FOOT NO-ACCESS STRIP AS OFFERED
IN ITEMS "A" AND "B" OF THE OWNER'S CERTIFICATE; AND AUTHORIZED
THE CHAIRMAN TO SIGN THE SUBDIVISION AGREEMENT.
7. Annexation to County Service Area 96 - Webb Brothers Construction
has initiated the annexation of 17.88 acres (Silver Tree II
Subdivision) to CSA 96. The purpose of this annexation is to
provide street lighting for safety and security and to provide
maintenance of the storm drain system. The Butte County Local
Agency Formation Commission unanimously approved this proposed
annexation. Since the property owners have consented to this
annexation, it is possible for your Board to take action on this
proposed annexation without notice of public hearing. ADOPTED
RESOLUTION 86-i44 APPROVIPIG THE ANNEXATION AND AUTHORIZED THE
CHAIRMAN TO SIGN.
8. George Robison, attorney at law W on behalf of the Estate of
Stephen McPartland, files a claim in the amount of $1,000,000
as a result of alleged injuries which occurred on or about July 28,
1986 while riding in a bus operated by Oroville Bus Lines. REJECTED
CLAIM AND REFERRED TO COUNTY COUNSEL AND RISK MANAGEMENT.
9. Richard J. Molin, attorney at law - on behalf of Ronald Henson
and Linda 17enson, files a claim in the amount of $1,000,000 as
a result of alleged damages sustained on or about July 12, 1986
in an accident claiming the life of their daughter. REJECTED
CLAIM AND REFERRED TO COUNTY COUNSEL AND RISK MANAGEMENT.
70. Robert G. Simpson, attorney at law - on behalf of Sylvia Saadati,
files three claims for indemnity involving crass-complaint on
Superior Court Case No. 88303, Superior Court Case No. 89116
and Superior Court Case No. 89714 involving the Starkey
Ranch, et ai litigation. REJECTED CLAIMS AND REFERRED TO COUNTY
COUNSEL AND RISK MANAGEMENT.
Page 74
November 4, 7986
86-613
(Cont'd) 11. Purchase of drug program curriculum - the Mental Health Director
~~
requests acquisition of the Toughlove program curriculum for
use in their work with the community at a cost of $1,135. Budget
transfer B-25 has been prepared to provide the necessary
appropriation. AUTHORIZED PURCHASE OF CURRICULUM.
12. Inmate Welfare Fund - the Sheriff submits his report of
expenditures for the fiscal year ending June 30, 7986 in accordance
with Penal Code Section 4025 and California Administrative Code
Title 15, Section 1043. ACCEPTED FOR INFORMATION.
13. Investments information report - the Treasurer submits the
September 30, 1986 report in accordance with AB 1073 and the
county's investment policy. ACCEPTED FOR INFORMATION.
14. County Clerk's filing fees - a resolution has been prepared
increasing the Clerk's filing fees effective January 1, 1987
which allows for an increase of 6~ far the years 1987 and 1988
pursuant to Government Cade Section 68090. ADOPTED
RESOLUTION 86-145 AND AUTHORIZED THE CHAIRMAN TO SIGN.
15. Resolution declaring November 77 - 22, 1986 as Winter Storm
Preparedness Week. ADOPTED RESOLUTION 86-146 AND AUTHORIZED
THE {'HAIRMAN TO SIGN.
16. Ordinance amending Section 24-29 of the Butte County Code regarding
the Clerk of the Board of Supervisors setting public hearings,
WAIVED THE SECOND READING AND ADOPTED ORDINANCE 2563.
17. Ordinance amending Section 24-48 of the Butte County Code regarding
the Clerk of the Board of Supervisors setting public hearings.
WAIVED THE SECOND READING AND ADOPTED ORDINANCE 2564.
18. Ordinance amending Section 24-52 of the Butte County Code regarding
the Clerk of the Board setting public hearings. WAIVED THE
SECOND READING AND ADOPTED ORDINANCE 2565.
19. Salary ordinance amendment - the ordinance adds a library assistant
III, library assistant I and a half-time Tibrary assistant II
(Durham), reinstituting positions which were eliminated as a
result of layoffs. WAIVED THE FIRST READING OF ORDINANCE .
20. Amendment No. 4 - Rape Crisis Intervention agreement - the
amendment extends the agreement to provide funding in 1986-87.
APPROVED CONTRACT AMENDMENT AND AUTHORIZED THE CHAIRMAN TO SIGN.
21. Internship agreement -- a student work experience agreement has
been prepared with Cal-State University, Sacramento, to permit
nonpaid student interns an opportunity to gain experience in
county departments. APPROVED AGREEMENT AND AUTHORIZED THE
PERSf~NNEL DIRECTOR TO SIGN.
Page 75
November 4, 1986
86-613
(Cont'd) 22. Milk sample testing contract - an agreement has been prepared
with the State Department of Food and Agriculture in the amount
of $3,000 for the county to test milk samples in 1986-87. APPROVED
CONTRACT AND AUTHORIZED THE CHAIRMAN TO SIGN.
23. Family planning contract - the annual renewal application for
the Family Planning Services contract has been prepared for
submission to the State Department of Health in the amount of
$46,000 for FY 1987-88. AUTHORIZED THE DiREC70R OF PUBLIC HEALTH
TO SUBMIT THE RENEWAL APPLICATION ON BEHALF OF THE COUNTY.
24. Fire protection agreement - the annual agreement with the
Department of Forestry has been prepared for 1986-87 covering
fire protection service to the County of Butte in the amount
of $2,711,976 in accordance with the adopted budget. ADOPTED
RESOLUTIO~Y 86->!47 APPROVING AGREEMENT AND AUTHORIZED THE CHAIRMAN
TO SIGN.
25. Amendment No. 1 - In-Home Supportive Services contract - the
amendment provides for the 1~ cost--of-living adjustment to the
contract with Remedy Home and Health Care, Inc. which provides
for a 5¢ increase in the hourly contract rate. APPROVED AMENDMENT
N0. 1 TO THE CONTRACT WITH REMEDY HOME AND HEALTH CARE, INC.
AND AUTHORIZED THE CHAIRMAN TO SIGN.
26. Report from Public Works Director on the status of the drainage
study in Chico (from 10/27/86}. ACCEPTED FOR INFORMATION.
27. Advance step hiring - the Personnel Director requests Board
authorization to hire public health nurse practitioner, public
health nurses, public health microbiologist, sanitarian II and
physical therapists up to the top step of the salary range as
the County is unable to recruit licensed medical personnel at
the "A° step of the salary range. AUTHORIZED ADVANCE STEP HIRING
AS REQUESTED.
28. Industrial revenue bond financing and negative declaration
regarding environmental impact - Kegley Tile Company application
for financing assistance through the issuance of tax exempt
industrial revenue bonds under the California Industrial
Development Financing Act. SET HEARING DATE E'OR NOVEMBER 18,
1986 AT 2:30 P.M.
29. Attorney services agreement - Law Offices of Stewart, Humpherys,
Burchett, Patrick, Sandelman and Thompson - the agreement in
the amount of $75 per hour plus expenses covers attorney
representative services for litigation. APPROVED AGREEMENT AND
AUTHORIZED THE CHAIRMAN TO SIGN.
Motion: APPROVED CONSENT AGENDA.
S M
Vote: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried}
Page 76
November 4, 1986
Regular A_ eg nda
$6-614 Report and policy direction on the 1987-88 Community Development Blocic
(49} Grant applications. (DISCUSSED, ND ACTION TAKEN.)
$6-615 Report and recommendation from Treasurer-Tax Collector relating to
(486) retention of bond counsel and underwriter for possible computer and
telephone financing and advance refunding of library bands.
Motion: AGREED TD ENGAGE ORRICK, HERRINGTON AND SUTCLIFFE AND SECURITY
PACIFIC, BOTH ON A CONTINGENCY BASIS, TO ASSIST COUNTY IN
STRUCTURING AND MARKETING POTENTIAL TAX-EXEMPT ISSUES. FINAL
CONTRACT IS TD BE BROUGHT BACK ON NOVEMBER 18, 1986.
S M
Vote: T Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
86-616 Report and recommendation from Board committee regarding a recruitment
(1123) plan fora Personnel Director. (from 10/21/86)
Motion: APPROVED REC0~9MENDATION OF THE COMMITTEE, AND ASKED MR. NICHOLS
TO HAVE A REPORT AT THE NEXT MEETING ON A PLAN WHEREBY
ADA9INISTRATIVE OFFICE CAN FILL IN IN THE ABSENCE OF A PERMANENT
PERSONNEL DIRECTOR.
S M
Vote: 1 N 2 Y 3 Y 4 Y 5 Y (Motion carried)
86-617 Report from Chico Issues Committee concerning referral of request
(1746) by Chico Unified School District to amend the school impact fee
schedule. (from 10/21/86}
Motion: SET HEARING DATE FOR NOVEP!~BER 18, 1986 RT 10:30 A.M.
M S
Vote: l Y 2 Y 3 NV 4 Y 5 Y (~~~9otion carried)
Public Heari_n~s and Timed Items
86-678 Closed session - The Board recessed at 10:10 a.m. for a closed session
an County of Butte vs. City of Chico, et al (Southeast
RDA bond lawsuit), Butte County Superior Court Case
No. 91304.
Reconvene: The Board reconvened at 10:50 a.m. (NO ANNOUNCEPIENTS)
86-619 Presentation by Robert Hagan, water specialist, Cooperative Extension -
(1995) University of California, regarding "Bridges Over Troubled Waters:
Understanding California's Water Controversies." (REPORT RECEIVED.
** CHAIRMAN McLAUGHLIN PRESENTED DR. HAGAN WITH RESOLUTION 86-134, ADOPTED
00 ON OCTOBER 7, IN MIS HONOR.)
Page 77
November 4, 1986
$6-620 NorthStar Engineering - on behalf of Raymond D. Brinson, appeals
{189) Condition No. 3 {Construct full street section on access road and
one-half street section plus 72-foot lane an Lott Road to RS-4B
geometric standard. Minimum structural section to be 2" AC and 8"
AB, SC 250 prime, fog sear and 95% relative compaction. Submit design
to County Department of Public Works for approval. "R" value
determinations and other data may be required to support section
design.) for tentative subdivision map, RP 40-T5-49, four parcels,
property located on the east side of Lott Road T200 feet north of
Durham-Dayton Highway, Durham area.
Motion: UPHELD THE APPEAL OF RAYMOND D. BRINSON ON CONDITION NQ. 3,
AND EXCLUDED LOTT ROAD; MADE A REQUIREMENT THAT A PUBLIC
ROAD APPROACH BE CONSTRUCTED AT THE INTERSECTION OF THE ACCESS
ROAD AND LOTT ROAD AND REQUIRED A NEW CONDITION, AN RS-7
ROAD STANDARD.
M S
Vote: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried}
86-621 Fred Springer, c/o Arnold Pacific Properties - proposed mitigated
(459) negative declaration regarding environmental impact and General Plan
amendment from law density residential to medium density residential:
medium density residential to commercial; and commercial to medium
density residential and rezone from S-R (suburban residential) and
U (unclassified) to R-4 (residential) and R-3 (residential) and from
R-4 (residential) to C-2 (general commercial} on property located
between East Avenue and lienshaw Avenue, from 240 feet to 7050 feet
west of Esplanade, identified as AP 6-15-66, 77 and 72, Chico (File
86-35 A and B}.
Motion: MADE A MOTION OF INTENT TO APPROVE, WITH THE MITIGATED NEGATIVE
DECLARATION AND WITH THE CONDITIONS THE PLANNING COMMISSION
RECOMMENDS PLUS THE CONDITION OF THE HENSHAW/ESPLANADE PRO RATA
SIGNALIZATION, AND ALLOW, DURING THE INTERVENING TIME BEFORE
FINALIZATION, DISCUSSION TO OCCUR BETWEEN PUBLIC WORKS, PROJECT
APPLICANT, COUNTY COUNSEL (FOR REIMBURSEMENT AGREEMENT} AND
SUPERVISOR DOLAN ABOUT THE EXTENT OF IMPROVEMENTS WEST OF
THE PROJECT AND A REIMBURSEMENT AGREEMENT. SUPPORTED
NEIGHBORHOOD COUNCIL'S CONCERNS ABOUT IMPROVEMENTS WEST OF
THE PROJECT TO MAKE THE TRAFFIC FLOW MORE SAFELY, AND
CONVENIENTLY AS WELL, BUT NOT NECESSARILY IMMEDIATELY SUPPORTED
REQUIRING FOUR LANES 500 FEET WEST OF THE PROJECT. AGREED
THAT A REIMBURSEMENT AGREEMENT OUGHT TO BE PART AND PARCEL
OF ANY IMPROVEMENTS THAT ARE IMPOSED OFF FRONTAGE.
Ci S
Vote: T Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
Recess: 72:18 p.m.
Reconvene: 1:40 p.m.
Page 7$
November 4, 1986
86-G22 Recognition of persons wishing to speaic_
(1966)
7. Glenn Mi17er - assessment for libraries and comments of the Grand
Jury foreman at the last meeting.
2. Dominick Ielati - regarding Agenda Item No. 4.11. (SEE FOLLOWING
P4INUTE ORDER}
Regular Agenda
86--623 Drainage problem - Northeast Chico at Mariposa and East Avenues.
(Supervisor Wheeler} (REFERRED TO COUNTY COUNSEL TO MEET WITH
DR. HAZELTINE AND DR. WARD AND BRING BACK A REPORT ON NOVEMBER 1$,
7986.)
Public Hearings and Timed Items
86-624 Amendment of improvement standards/resolution of design for
(2995} subdivisions, parcel maps, and site improvements pursuant to Chapter 20
of the Butte County Cade far water supply, sewage disposal, road and
*** fire protection standards.
000
(SUPERVISOR WHEELER ABSENT AT THIS TIME.)
(CONTINUED OPEN TO DECEMBER 2, 1986, AT 2:00 P.M.}
86-625 NorthStar Engineering - on behalf of Robert Skillen, appeals the
Advisory Agency`s denial of tentative subdivision map (proposed
mitigated negative declaration regarding environmental impact),
AP 40--05-09 and 40-11-69, 18 lots, property located on the south side
of Mesa Road, 1200 feet southwesterly of Orovi7le-Chico Highway, Durham
area. (CONTINUED OPEN TO JANUARY 6, 1987 AT 11:00 A.M..)
Regular Agenda
86-626 Report from Health Officer regarding possibility of contaminated soil
(1015) in Northwest Chico. (from 10/21/86) (NO ACTION TAKEN.)
$6-627 Consideration of Gunter Ranft letter concerning the rezone agreement
(7040) and restrictions for AP 75-25-01 and 02. (from 10/21/86}
Motion: INTERPRETED SCALE ON ZONING MAP TO BE 7000 FEET AND HRVE
THAT 1000 FEET INDICATED ON EXHIBIT 2, SO THAT THE 7000 FEET
OPEN SPACE AREA FROM THE REAR BOUNDARY OF THE PROPERTY IS
INDICATED.
M S
Vote: 1 Y 2 Y 3 AB 4 Y 5 Y (Nation carried)
Page 79
November 4, 1986
86-628 Request for interpretation for William Retzer regarding fish farm
(7166} with fishing pond open to the public, fish sales, 78-space RV park
and eight campsites in an A-20 zone.
Motion: FOUND THAT THE PROVISIONS FOR HUNTING AND FISHING CAMPS IN
THE A-t0, 20, 40, AND 160 ZONES ~lAS INTENDED TO APPLY TO
SEASONAL CLUB ACTIVITIES AND SIMILAR USES, AND THAT THE
PROPOSAL FOR AP 44-03-79 (WILLIAM RETZER} SHOULD BE CONSIDERED
A COMMERCIAL OUTDOOR RECREATIONAL FACILITY AND NOT APPROPRIATE
IN THE AGRICULTURAL ZONES.
S M
Vote: i Y 2 Y 3 AB 4 Y 5 Y (Motion carried}
86-629 Bartel We17s proposal and contract - a proposal has been received
to conduct a setiver financing study in the Chico urban area in an amount
not to exceed $16,000 and budget transfer B-15 has been prepared to
provide the necessary appropriation (from 10/27/86).
Matian: APPROVED CONTRACT, AUTHORIZED THE CHAIRMAN TO SIGN AND APPROVED
BUDGET TRANSFER.
M S
Vote: 7 Y 2 Y 3 AB 4 Y 5 Y {Motion carried)
86-630 Discussion of Butte Creek Bridge. (from 10/27/86) {RiATTER HAS BEEN
(1332} RESOLVED.)
86-631 Policy discussi on regarding rotation of Chairman. (Supervisor Wheeler)
(1355} (from 10/21/86) (NO ACTION TAKEN.)
86-632 Appointments to Industrial Developmen t Authority. (from 10/27/86)
{1450}
Motion: APPOIN TED ROBIN tdILSON.
M S
Vote: l Y 2 Y 3 AB 4 Y 5 Y (Unanimously carried)
Recess: 2:54 p.m.
Reconvene: 3:72 p.m.
(SUPERVISOR DOLAN ABSENT AT THIS TI~~IE.)
Public Hearings and Timed Items
86-633 Bi71 Warshawer - appeals the Advisory Agency's denial of Mt. Ratchet
(1477) tentative subdivision map (proposed mitigated negative declaration
regarding environmental impact), AP 61-49-34 (new number, AP 77-08-134),
four parcels, property located at the south end of Mt. Ratchet Drive
approximately 3000 feet from its intersection with Orovilte-Quincy
Highway, Orovi71e area.
Page 80
November 4, 1986
86-633
(Cont'd) Motion: FOUND TWAT SUFFICIENT EVIDENCE HAS NOT BEEN SUBMITTED TO
VERIFY THAT THIS PROJECT WOULD CAUSE DAMAGE TO WTLDLIFE OR
IJILDLIFE HABITAT. ADOPTED A MITIGATED NEGATIVE DECLARATION
OF ENVIRONMENTAL IMPACT FOR THE MT. RATCHEL TENTATIVE
SUBDIVISION ON AP 6T-49-34. FINDING THAT THIS PROJECT CONFORMS
TO THE BUTTE COUNTY GENERAL PLAN AND 70NING, UPHELD THE APPEAL
OF THE ADVISORY AGENCY'S DENTAL OF THIS PROJECT AND APPROVED
THE MT. RATCHEL TENTATIVE SUBDIVISION MAP ON AP 67-49-34,
APPROVAL .BEING SUBJECT TO PUBLIC WORKS CONDTTIONS 1 THROUGH
i0, ENVIRONMENTAL HEALTH CONDITIONS T1 THROUGH 16 AND
MITIGATION MEASURES T THROUGH 13 AS STATED IN PiEFRO DATED
OCTOBER 15, 1986 FROM THE DEPARTMENT OF PUBLIC WORKS TO THE
BOARD OF SUPERVISORS.
M S
Dote: l Y 2 AB 3 AB 4 Y 5 Y (Motion carried}
86-634 Joseph Burrell - appeals the Planning Commission's denial of
(2299) Donna ~Ioaberry/Joe Burrell General Plan amendment (item on which a
draft environmental impact report has been prepared} from orchard
~`*'~~` and field crops to agricultural residential on property zoned A-5
0000 (agricultural - five acre parcels} located on bath sides of Muir Avenue
south of Bell Road, west of Alamo Avenue, north and east of the Southern
Pacific Railroad and north of East Avenue, Chico (File 84-45).
(CONTINUED OPEN TO DECEMBER 2, 1986 AT 2:15 P.M.)
Closed Flearings
86-635 7. Closed hearing - Butte County Planning Commission - proposed
(667) negative declaration regarding environmental impact and rezone
from R-4 {residential) to either C-T (Tight commercial}, C-2
(general commercial}, or C-C (community commercial), N-C
(neighborhood commercial) or H-C {highway commercial) for property
located on both sides of East Rvenue from Cohasset to Ceres Avenue,
Chico (File 84-70 D). (from 10/21/86)
2. Closed hearing - Butte County Planning Commission - General Plan
amendment (proposed negative declaration regarding environmental
impact} from commercial to low density residential on property
zoned RT-1 {minimum density residential mobile home} located on
the northeast corner of Kelly Ridge Road and Royal Oaks Drive,
identified as AP 69-O1-36 and 69-Oi-25, Kelly Ridge, OroviTle
(File 87-5}. (from 10/21/86)
3. Closed hearing - Butte County Board of Supervisors - code
amendment to amend the "U" zone (unclassifed) with proper language
to include the requirement to rezone to a more specific zone prior
to subdivision, countywide (File 86-47}. (from 10/21/86)
Page 81
November 4, 1986
86- 635
(Cont`d} 4. Closed hearing - Durham-Dayton-Nelson area plan - goals and
objectives. (from 70/21/86}
(ALL CLOSED HEARINGS CONTINllED TO NOVEMBER 78, 1986.)
86-636 Additional item.
T. Discussion of meeting slates in December.
n9ation: DECIDED NOT TO MEET ON DECEMBER 16, 1986.
S M
Vote: T Y 2 AB 3 AB 4 Y 5 Y (Motion carried}
Closed session: The Board recessed at 4:20 p.m. for a closed Session
on meet and confer and the Schoenstein, et al lawsuit.
Reconvene: The Board reconvened at 4:41 p.m. (NO ANNOUNCE~9ENTS.)
Adjournment: There being nothing further before the Board at this
time the meeting was adjourned at 4:42 p.m. to reconvene
on November T8, 1986 at 9:00 a.m.
C ~
Chairman, Board of Sty rvisors
ATTEST:
MARTIN J. NICHOLS
Chief Administrative Officer and
Clerk of the Board of Supervisors
By
Page 82
November 4, 1986