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HomeMy WebLinkAboutM110585November 5, 1985 85-676 Call to order - Board of Supervisors room, County Administration Building, 25 County Center Drive, Oroville. Pledge of allegiance to the Fiag of the United States of America. Present: Supervisors McInturf, McLaughlin, Wheeler and Chairman Fulton; Martin ~3. Nichols, chief administrative officer;. Harvey Wallace, county counsel; and Rubye Townsley, deputy clerk of the Board. Absent: Supervisor Dolan. Additional items from Board members to be addressed at the end of the day. 1. Supervisor McInturf - problem with parking around County Center. 2. Supervisor McLaughlin - Veterans Hall maintenance position; interpretation of policy by Planning staff. 3. Supervisor Wheeler - CSAC Conference. 4. Chairman Fulton - revenue sharing; Northern California Supervisors Association. 85-677 Items removed from the Consent Agenda, or amended: 1. Doris Murphy and Martha Si7lingsley - appeal the requirement for an environmental impact report on rezone from A-40 (agricultural - 40 acre parcels) to M-1 (light industrial) for property located in the area between Durham Dayton Highway; Highway 99 and Keenan Court, identified as AP 40-49-7, 9, east of Durham. Page 175 November 5, 7985 85-677 2. Typewriter - building inspection - the Public Works Department (Cont'd) requests authorization to acquire an electric typewriter at an estimated cast of $1,500. Budget: transfer B-59 has been prepared to provide the necessary appropriation. 3. Ordinance implementing the underground storage permit system as required by Health and Safety Code §25282. 4. Ordinance adding Section 72-23 to the Butte County Code regarding concealed weapon license applications. 5. Salary ordinance amendment -- this amendment consolidates the Sheriff`s budget units, adds semen deputy sheriff positions, and adds one Memorial Hali custodian position to the Memorial Halls. 6. Drinking driver services - the Alcohol Advisory Board recommends cancellation of the contract with the Sacramento Safety .Center for the delivery of the second offender drinking driver program and to certify any or all programs that meet the state regulations relative to delivering services to this population. 7. Thermaiito Irrigation District - the November 79 General Plan hearing (Planning File 85-29 A & of a conflict in times by the TO REFLECT THAT THE ACTION REQUE 1985 PUBLIC HEARING AND RESET 1985 AT 10:30 R.M.) requests the Board reschedule amendment and rezone public B} to December 3, 1985 because district personnel. (AMENDED ;STED IS TO VACATE NOVEMBER 79, THE HEARING FOR DECEMBER 77, 8. Trained police canine - Deputy Steve George is gifting "Reddy", a trained police canine to the Sheriff's Department with the condition Reddy will be returned to the deputy when he becomes unfit for service or the deputy Teaves the department. (AMENDED TO REFLECT THAT THE ACTION REQUESTED IS TO APPROVE AGREEMENT AND AUTHORIZE THE CHAIRMAN TO SIGN. 85-678 Consent Agenda (60} 7. Approval of minutes. APPROVED MINUTES OF OCTOBER 75 AND OCTOBER 22, 1985. 2. Budget transfers. APPROVED BUDGET TRANSFERS B-52, B-53, B-5$, B-59, B-60, B-63, B-64, B-65, B-66, B-68, B-69, AND B-70. 3. Thermalito Irrigation District - requests the Board reschedule the November 19 General Plan amendment and rezone public hearing (Planning File 85-29 A & B) to December 3, 1985 because of a conflict in times by the district personnel. VACATED NOVEMBER 19, 1985 HEARING AND RESET- THE HEARING FOR DECEMBER 77, 1985 AT 10:30 A.M.. Page 176 November 5, 1985 86-678 4. Ran Graves and Associates - on behalf of Dara Leonard, appeal (Cont'd) the Advisory Agency's denial of tentative parcel map (proposed mitigated negative declaration regarding environmental impact), AP 6T-35-22 (portion), four parcels, property located at the southeast corner of Bald Rock Road and Enumclaw Road, Bald Rock area. SET HEARING DATE FOR NOVEMBER 19, 1985 AT 2:30 P.M. 5. Lippincott-Guth Associates - on behalf of Donald Sorenson, appeals the Advisory Agency's approval of tentative parcel map (proposed mitigated negative declaration regarding environmental impact), AP 63-04-57, four parcels, property located on the west side of Doe Mill Road approximately 1,400 feet south of its intersection with Schott Road, Doe Mill Ridge area. SET NEARING DATE FOR NOVEMBER 19, 7985 AT 3:00 P.M. 6. Board of Supervisors - General Plan amendment (environmental impact report has been certified) from grazing and open land, low density residential and public to agricultural residential, industrial, and public for property generally located south of Grand Avenue, west of 18th Street and Larkin Road, north of East Hamilton Road, and east of State Highway 99, west of OroviTle. The project also includes all of the Thermalito Afterbay recreation area (84-72). SET HEARING DATE FOR NOVEMBER 19, 1985 AT 2:00 P.M. 7. Verne Andreasen - appeals the Planning Commission's denial of a variance (categorically exempt from environmental review) to allow the expansion of an existing office in the front yard setback on property zoned C-2 (general commercial) property located at the northwest corner of Kennedy Avenue and East Avenue, identified as AP 42-08-75, Chico. SET HEARING DATE FOR DECEMBER 3, 1985 AT 2:00 P.M. 8. Carol Rudolph - appeals the Planning Commission's denial of use permit (categorically exempt from environmental review) to allow a second dwe1Ting on property zoned A-R (agricultural - residential) property Located on the north side of Rancho Lane, 700 feet west of Garner Lane, identified as AP 47-29-74, north of Chico. SET NEARING DATE FOR DECEMBER 3, 1985 AT 11:30 A.M. 9. Butte County Local Agency Formation Commission has approved the formation of County Service Area No. 9b, 5ilvertree Subdivision (street lighting and storm drainage). ADOPTED RESOLUTION 85-170 SETTING DECEMBER 17, 1985 AT 10:30 R.M. A5 THE TIME FOR A PUBLIC HEARING ON THE PROPOSED FORMATION OF COUNTY SERVICE AREA N0. 96. 10. Butte County Library donations - in accordance with Government Code §25355, donations have been received for placement in the Butte County Library Trust: from Jeanne L. Jarrell, $100 and Friends of the Library in Oroville, $750. ACCEPTED DONATIONS AND AUTHORI7ED LETTERS OF APPRECIATION. Page 777 November 5, 1985 85-678 (Cont'd) T1. Trained police canine - Deputy Steve George is gifting EEReddy", a trained police canine t0 the Sheriff's Department with the condition Reddy will be returned to the deputy when he becomes unfit far service or the deputy leaves the department. APPROVED AGREEMENT AND AUTHORIZED THE CHAIRMAN TO SIGN. 12. city of Chico donation -- construction of the handicapped access at 196 Memorial Way has been completed at a cost of $4,172.13 which has been paid by the City of Chico. ACCEPTED DONATION AND AUTHORIZED LETTER OF APPRECIATION. 13. Appointment to Community Action Agency. APPOINTED DOUGLAS HECKMAN AS THE DISTRICT 1 REPRESENTATIVE TO SERVE UNTIL DECEMBER 31, 1988. 14. Appointment to Emergency Medical Care Committee. APPOINTED NANCY MURAVEZ AS THE HOSPITAL ADMINISTRATOR REPRESENTATIVE TO SERVE UNTIL JUNE 30, 1988. 15. Paradise Memorial Hall Committee. APPOINTED DAVID M. JERRO, DELEGATE, AND JOHN T. LEARY, ALTERNATE, FROM THE AMERICAN LEGION PARADISE POST 259; DONOVAN W. MONTGOMERY, DELEGATE, AND ALBERT C. WALKER, ALTERNATE, REPRESENTING PARADISE BARRACKS #304 VETERANS OF WORLD WAR I; AND GILBERT L. BAILEY, DELEGATE, RND CHESTER F. PERRY, ALTERNATE, REPRESENTING VETERANS OF FOREIGN WARS, WITH TERMS TO EXPIRE DECEMBER 31, 1986. 16. Appointment of Butte County representative to the North State Cooperative Library System Advisory Board. REAPPOINTED ROBERT H. BREMER TO A TERM TO EXPIRE DECEMBER 1987. l7. Dale Antonowich - conveyance of development rights and open area easement to comply with condition of use permit for AP 38-08-08, south Durham. APPROVED THE CONVEYANCE OF DEVELOPMENT RIGHTS AND OPEN AREA EASEPiENT. 18. Report to the Board - Harold Stepp - proposed negative declaration and denied rezone firom TM-5 (timber mountain - 5 acre parcels} to TM-1 {timber mountain - one acre parcels) far property located at the northeast corner of Nopel Drive and Cody Lane, 1/4 mile south of Highway 32, identified as AP 63-09-17, Forest Ranch (File 85-56}. 19. Report to the Board - Paul Sauer - denied rezone from S-R {suburban residential) to R-3 {medium density residential} and R-4 (maximum density residential restricted for property located on the east side of Floral Avenue, approximately 7/2 mile north of East Avenue, identified as AP 48-03-4-58 and 59, Chico. Page 778 November 5, 1985 85-678 20. Grady M. Davis, attorney at law - on behalf of August Santos, (Cont'd) fires a claim in the amount of $2,100,000 as the result of alleged damages occurring on or about June 2fi, 1985 relating to his arrest in PTumas County. REJECTED CLAIM AND REFERRED TO COUNTY COUNSEL AND RISK MANAGEMENT COORDINATOR. 21. Alan 5. Avis, attorney at law - on behalf of Joseph and Rosinda C. Schons, files a ciaim in the amount of $846.75 as a result of alleged damages incurred on ar about November 30, 1983 involving Butte County Superior Court Case No. 81918 (Schons v Kamp, et al ). REJECTED CLAIM FOR NOT BEING TIMELY FILED. 22. Norman J. Ryker, attorney at law - on behalf of Lisa Marie Woodard, files an amended ciaim in the amount of $2,110,500 as the result of alleged injuries and damages incurred in an automobile accident on or about May 4, 1985 on the Skyway. REJECTED CLAIM AND REFERRED TO COUNTY COUNSEL AND RISK MANAGEMENT COORDINATOR. 23. Kevin J. Sweeney, attorney at law - on behalf of Vincent Cuoco, files a ciaim in the amount of $25,000 as the result of a1Teged injuries and damages incurred on or about July 1, 1985 in an automobile accident on the Midway, south of Richvale. REJECTED CLAIM AND REFERRED TO COUNTY COUNSEL AND RISK MANAGEMENT COORDINATOR. 24. Charles Heimbuecher, Jr., Paradise - files a c7 aim in the amount of $250,000 as a result of alleged damages incurred while incarcerated in the Butte County Jail on or about June 19-23, 1985. REJECTED CLAIM AND REFERRED TO COUNTY COllNSEL AND RISK MANAGEMENT COORDINATOR. 25. Change Order Was. 2 {amended), 3 and 4 - Butte County Detention Facility - Minimum Security/Work Release Dormitory - CCO #2 in the increasing amount of $2,999.59 provides far electrical, HVAC, and plumbing resulting from the kitchen development and equipment bid. CCO #3 in the increasing amount of $3,096.97 for electrical changes in the unimproved area of the building and installation of a grease trap required by the City of Orovi7le. CCO #4 in the increasing amount of $2,198.00 provides for the addition of drain rock on the south side of the project area. APPROVED CHANGE ORDERS AND AUTHORIZED THE CHAIRMAN TO SIGN. 26. JTPA assessment program - JTPA, funds are available to purchase computerized vocational assessment equipment and software to enhance the assessment of JTPA clients. AUTHORIZED THE PURCHASE OF THE NECESSARY EQUIPMENT AND SOFTWARE IN THE AMOUNT OF $35,145. Page 179 November 5, 1985 85-678 (Cont'd) 27. Award of bid - Oroville Area Transit System buses - bids have been opened in the Purchasing Department for three buses to replace vehicles currently in service, with the low bidder being Wide One Corporation in the amount of $33,990 per vehicle. Funding is included in the 1985-86 budget and the City of Oroville has approved the award of bids. AWARDED BID TO LOW BIDDER. 28. Ordinance authorizing an amendment to the contract between the Butte County Board of Supervisors and the Board of Administration of the California Public Employees' Retirement System to implement the Memorandum of Understanding provision permitting sick leave accruals as service time upon retirement. WAIVED THE SECOND READING AND ADOPTED ORDINANCE 2496. 29. Ordinance adding Section 21-19.1 to Article III, Chapter 21, of the Butte County Code to require Assessor's parcel numbers on specified documents. WAIVED THE FIRST READING OF THE ORDINANCE. 30. Penalty abatement request - change of ownership report - Michael and Teresa Westlake (AP 063-O1-0-121-0) - the penalty abatement request was received over the 60-day time period set forth in the Revenue and Taxation Code. DENIED PENALTY ABATEMENT REQUEST. 31. Penalty abatement requests - change of ownership reports. APPROVED PENALTY ABATEMENT REQUESTS AS RECOMMENDED BY THE CHIEF ADMINISTRATIVE OFFICER, AS FOLLOWS: MR. & MRS. DRAGUTIN VRBETA, AP 055-51-0-001-0; LILIE B. WALTERS, ET AL, AP 052-02-4-064-0; MR. & MRS. GEORGE TYSON, AP 025-31-0-016-0, 017-0; SANNAR & BARROW BROTHERS, AP 025-20-0-068-0; S & B PROPERTIES, AP 009-20-2-014-0; MR. & MRS. ROBERT H. QUiNTANA, AP 066-51-0-010-0; MR. & MRS. JOHN OSBORNE, AP 002-15-0-053-0; AGNES M. NULL, AP 071-20-0-029-0; MR. & MRS. MICHAEL McPHERSON, AP 055-51-0-005-0; DAVID A. McINTYRE, AP 070-12-2-018-0; MR. & MRS. EDDIE PARLEY, AP 028-25-0-020-0; BUD WILLIAMS LAND, INC., ET AL, AP 002-12-0-032-0; MR. & MRS. ALLEN J. GARBER, AP 040-04-0-053-0; MR. & MRS. RICHARD PURR, AP 042-36-0-023-0: STELLA & ETHEL COOPER, AP 052-02-4-065-0; MYCHAL STEVENS LAHEY, AP 042-03-0079-0; MR, & MRS. PETER RIEHLMAN, AP 002-35-0 017-0; AUDREY P. SOULS, AP 063-24-0-03T-O; JAMES A. RITCHEY, JR., ET AL, AP 072-33-0-045-0; EDWARD HAYES, ET AL, AP 036-29-2-042-6; CAROL JEANETTE CROSS, AP 048-28-2-054-0; JOANNA M. GUSTA HUTTON, AP 065-38-0-060-0: MR. & MRS. LLOYD GREGORY NIETO, AP 055-44-0-036-0; NORTHSIDE CORPORATION, AP 048-04-0-020-0; ANDREW C. SILVA, AP 048-42-0-084-0; MR. & MRS. STANLEY F. NEWTON, AP 075-23-0-183-0; AND MR. & MRS. FRED McCOMBS, AP 053-25-0-024-0. DENIED THE FOLLOWING AS RECOMMENDED BY THE CHIEF ADMINISTRATIVE OFFICER: MICHAEL B. ALDRICH, AP 036-70-0-016-0;: MR. & MRS. MIGUEL CISNEROS, AP 045-19-2-044-0; JAMES LEDGERWOOD, AP 005-17-8-012-0, 005-07-3-008-0; AND FIRST INTERSTATE BANK, AP 010-07-2-011-0. Page 180 November 5, T985 85-678 32. Butte County Transit - fare increase - the Butte County (Cant'd) Intercity Transit Committee is recommending an increase in fares on midday trips from 60~ to 65~ to help offset operating expenses and will result in approximately $4,000 in extra fare revenues at current ridership levels. APPROVED FARE INCREASE TO BECOME EFFECTIVE NOVEMBER 11, 1985. 33. Juvenile Hall billing rate - the Auditor-Controller has completed his analysis of the cost and population in accordance with Welfare and Institutions Code §904. ADOPTED A NEW DAILY JUVENILE HALL RATE OF $47.23 TO BECOME EFFECTIVE DECEMBER T, 1985. 34. Industrial development bond transfer allocation - the city of Oroville requests, and the Industrial Development Authority recommends, the transfer of private activity bonds from the county's l5% allocation amounting to $500,000 for expansion of a skilled nursing care facility to 116 beds. ADOPTED RESOLUTION 85-177 APPROVING THE TRANSFER OF PRIVATE ACTIVITY BONDS. 35. County Service Area No. 92 - a resolution has been prepared loaning $250 to be disbursed from the County Service Area Loan Revolving Fund to CSA 92 (Rosewood Subdivision Street Lighting pistrict). Budget transfer B-64 has been prepared to provide the necessary appropriation. ADOPTED RESOLUTION 85-172 AND AUTHORIZED THE CHAIRMAN TO SIGN. 36. Notice of completion - Ord Ferry Road Bridge across Angel Slough {Project No. ERRS-Y460{1)) - all work on the project has been completed in accordance with the plans and specifications. ACCEPTED PROJECT AND AUTHORIZED FILING OF NOTICE OF COMPLETION. 37. Notice of completion - Eighteenth Street from State Highway i62 to Grand Avenue {Project No. 25441-84-1) - all work on the project has been completed in accordance with the plans and specifications. ACCEPTED PROJECT AND AUTHORIZED FILING OF NOTICE OF COMPLETION. 38. Approval of plans and specifications - traffic signal installation at the intersection of Skyway at Ponderosa Way, (Project No. 51261-85-1) - plans and specifications have been completed for the project. APPROVED PLANS AND SPECIFICATIONS; AUTHORIZED THE CHAIRMAN AND DIRECTOR OF PUBLIC WORKS TO SIGN THE PLANS; ADOPTED THE WAGE SCALE; ADD SET BID OPENING FOR NOVEMBER 27, 1985 AT T1:00 A.M. IN THE PUBLIC WORKS OFFICE. 39. 1985-86 Federal Aid Secondary and state highway matching funds apportionment to Butte County - a resolution has been prepared accepting the funds in full covering state and FAS revenue as follows: Federal Aid Secondary funds, $374,066 and state highway matching funds, $100,000. ADOPTED RESOLUTION 85-173 AND AUTHORIZED THE CHAIRMAN TO SIGN. Page 781 November 5, 7985 85-678 40. Program Supplement Nos. 40 and 41 - high hazard elimination (Cont`d) safety projects - resolutions have been prepared authorizing execution of the program supplements as requested by CalTrans in order to obligate federal funding. Butte County`s portion will be transferred from the road reserve next spring. ADOPTED RESOLUTIONS 85-174 AND 85-175 AND AUTHORIZED THE CHAIRMAN TO SIGN. 41. Access routes to terminals for larger trucks - Vehicle Code §35401.5 provides for access routes to terminals for larger trucks be determined jointly by the Department of Transportation and the local affected authority. A resolution has been prepared designating and authorizing the Director of Public Works as the local authority to identify routes and empower him to charge fees. ADOPTED RE50LUTI0N 85-176 AND AUTHORIZE THE CHAIRMAN TO SIGN. 42. Designation of county roads - Federal Aid Urban System - a resolution has been prepared revising the FAU System in the Chico urban area to include Glenwood Avenue and a portion of Sacramento Avenue. ADOPTED RESQLUTION 85-177 AND AUTHORIZED THE CHAIRMAN TO SIGN. 43. Right-of-way acquisition - agreement for sale - Eaton Road reconstruction {Project No. 54171-83-1): Improve- Parcel No. Name Acreage Land ments Total 8 Merle A. Webb T.4S 5,340 0 5,340 & Sons APPROVED AGREEMENT FOR SALE, AUTHORIZED THE CHAIRMAN TO SIGN AND THE AUDITOR TO ISSUE A WARRANT UPON DEMAND OF THE COUNTY'S ESCROW AGENT. 44. 1985-86 SB-325 Project funding claim - the claim requests the Butte County Association of Governments to approve $1,2T3,048 in 5B-325 funds for road and bridge maintenance as included in the approved county budget. APPROVED THE 1985-8b PROJECT FUNDING CLAIM AND AUTHORIZED THE DIRECTOR OF PUBLIC WORKS TO SIGN THE CLAIM. 45. 1985 CDBG augmentation fund - notification has been received from the State Department of Housing and Community De~eiopment committing an additianai $i 36,128 to be amended into Contract No. 85-STBG-138. ACCEPTED FOR INFORMATION. Page 182 November 5, 1985 85-678 46. 1983-84 and 1984-85 Community Development Block Grant (Cont'd) amendments - the 7983-84 amendments provide for reallocating budgeted funds from reconstruction to rehabilitation activities and to extend the grant term to June 1986 to allow completion of the rehabilitation projects. The 1984-85 program amendments are an extension of the grant term to allow time to obtain more applicants and complete construction and an expansion of the target area. AUTHORIZED THE DIRECTOR OF PUBLIC WORKS TO SUBMIT THE PROPOSED GRANT AMENDMENTS TO THE STATE DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT. 47. Skills Training Enhancement Project (STEP) - the county has been notified that its proposal far the demonstration project has been funded in the amount of $39,898 to increase the capacity of the community to respond to the mental health needs of special target populations, specifically, the elderly and Hispanics. ACCEPTED BLOCK GRANT AWARD. 48. Chico Professional Offices lease agreement - the agreement provides for office space at 578 Rio Lindo Avenue, Suite 4, for use by the Mental Health Department. The lease covers the period October i, 1985 through September 30, 1987 in the amount of $862.55 per month. APPROVED LEASE AGREEMENT AND AUTHORIZED THE CHAIRMAN TO SIGN. 49. Performance of professional counseling services agreement - an agreement has been prepared with Dr. Clarence Mahler for counseling services under the "Butte County Special Counseling Program" covering the period September 1, 1985 through June 30, 1986 in the amount of $60 per hour far services provided. APPROVED AGREEMENT AND AUTHORIZED THE CHAIRMAN TO SIGN. 50. Dental disease prevention contract and subcontract - a renewal contract has been prepared for the 1985-86 dental disease prevention contract with the State Department of Health Services, together with a subcontract with the Northern Sacramento Yalley Rural Health Project to operate the program. APPROVED CONTRACT N0, 85-86449 AND SUBCONTRACT AND AUTHORIZED THE CHAIRMAN TO SIGN. 51. Amendment fi - Catalyst: Womens' Advocates, Inc. - the amendment provides for an increase of funding from $1,250 per month to $1,900 per month from July 7, 1985. APPROVED CONTRACT AMENDMENT AND AUTHORIZED THE CHAIRMAN TO SIGN. 52. 1985-8fi cooperative fire protection agreement - the agreement has been prepared with the Department of Forestry to provide fire protection services for the period July 1, 1985 to June 30, 7986 in an amount not to exceed $2,572,071. APPROVED AGREEf~iENT AND AUTHORIZED THE CHAIRMAN TO SIGN. Page 183 November 5, 1985 85-678 53. Chico Clipper contract - a contract has been prepared with (Cont'd) Westcoach, Inc., to continue the current Chico Clipper program and provides fora 10~ per ticket increase to the contractor. The program is funded from Transportation Development Act Funds with the county's share being $64,472 (36.23 of the net cost). APPROVED THE 1985-86 CONTRACT AND AUTHORIZED THE CHAIRMAN TO STGN. 54. Child Protecti-re Services agreements - agreements have been prepared with the following contractors, each in the amount of $9,950: Heather McCloud, Dennis Bruce, Leo Classen, Janice O'Donnell and Butte Counseling Clinic. APPROVED AGREEMENTS AND AUTHORIZED THE CHAIRMAN TO SIGN. 55. Services to the homeless mentally i11 - the State Department of Mental Health is entertaining proposals for which Sutte has been al7acated $135,378 to be used for services to chronically mentally il] clients who are homeless or at risk of becoming homeless. AUTHORIZED THE MENTAL HEALTH DIRECTOR TO PREPARE A PROPOSAL FOR SUSMISSION TO THE STATE AFTER REVIEW AND APPROVAL BY THE BOARD. 56. JTPA Title III plan modification - the Private Industry Council has approved a plan adjustment to its Title III program, adding an additional $42,525. CONCURRED WITH THE PTC'S ACTION AND AUTHORIZED THE CHAIRMAN TO SIGN THE GRANT ADJUSTMENT. 57. JTPA child care contract modification - a modification has been prepared to the JTPA child care contract which adjusts line items in the budget. APPROVED MODIFICATION AND AUTHORIZED JTPA EXECUTIVE OFFICER TO SIGN MODIFICATION. 58. JTPA school dropout contract modification - a modification has been prepared to the JTPA school dropout contract which adds an additional $70,000 for space rental and equipment purchase. The modification also adjusts line items in the contract. APPROVED THE MODIFICATION AND AUTHORIZED JTPA EXECUTIVE OFFICER TO SIGN THE MODIFICATION. 59. Geothermal grant - a grant application has been prepared for submittal to the State Energy Commission in order to assess geothermal potential in Butte County. RDOPTED RESOLfITiQN 85-178 AUTHORIZING SUBMITTAL OF GRANT APPLICATION AND AUTHORIZED THE CHAIRMAN TO STGN. 60. Storm Preparedness/Flood Awareness - a resolution has been prepared proclaiming the week of November 10-16, 1985 as Storm Preparedness/FTood Awareness Week. ADOPTED RESOLtJTIQN 85-179 AND AUTHORIZED THE CHAIRMAN TO SIGN. Page 184 November 5, 1985 85-678 61. Veterans Service Office status report - action requested - (Cont`d} ACCEPTED FOR INFORMATION. 62. Veterans unity Month - a resolution has been prepared declaring November 1985 as Veterans Unity Month. ADOPTED RESOLUTION 85-180 AND AUTHORIZED THE CHAIRMAN TO ;IGN. 63. Resolution in appreciation of efforts of Senator Jim Nielsen in assisting Butte County in its financial plight during the 1985 legislative. session. ADOPTED RESOLUTION 85-181 AND AUTHORIZED THE CHAIRMAN TO SIGN. 64. Affirmative Action report -- the Personnel Department has conducted an analysis of the county`s FY $5 affirmative action effort and prepared an FY 86 plan. ACCEPTED THE REPORT AND ADOPTED THE PLAN. 65. Communications. a. Verne Elarth, Paradise - writes supporting the addition of the Memorial Hall custodian position. ACCEPTED FOR INFORMATION. b. Gerald and Lois A. Schultz, Paradise - writes asking that the Board allow the Paradise Ridge Runners Square Dance Club to use the Memorial Hall in 1986. REFERRED TO PARADISE MEMORIAL HALL COMMITTEE. c. Smoking restrictions - letters of support of an ordinance to enforce smoking restrictions have been received from Tonya Dale, Magalia and Gene Michael Gordon, Chico. ACCEPTED FOR INFORMATION. d. Hal T. Brooks, sheriff - writes requesting reinstatement of the civil division. REFERRED TO CHIEF ADMINISTRATIVE OFFICER FOR REPORT AND RECOMMENDATION. e. Tam Struthers, civil disaster coordinator - forwards a report on the activities undertaken by the Civil Disaster Office during 1984-85. ACCEPTED FOR INFORMATIDN. f. Chico Unified School District - in accordance with Board of Supervisors Ordinance 2463, forwards a copy of the 7985-86 annual school impact fee report for the district. ACCEPTED FOR INFORMATION. g. State Department of Water Resources - advises that the department has conducted an initial environmental study to determine whether the Thermalito Afterbay Dam pressure relief system project would have a significant environmental impact and requests comments by November 12, 1985. REFERRED TO PLANNING DEPARTMENT AND WATER COMMISSION. Motion: APPROVED CONSENT AGENDA. S M Vote: l Y 2 AB 3 Y 4 Y 5 Y (Motion carried} Page 185 November 5, 1985 Regular Agenda 85-679 Doris Murphy and Martha Billingsley - {140) for an environmental impact report (agricultural - 40 acre parcels) to M-1 property located in the area between Highway 99 and Keenan Court, identified of Durham. appeal the requirement on rezone from A-40 {light industrial) for Durham Dayton Highway, as RP 40-49-7, 9, east Motion: SET BEARING HATE FOR DECEMBER 17, 1985 AT 11:00 A.M. S M Uote: l Y 2 AB 3 Y 4 Y 5 Y (Motion carried) 85-680 Ordinance implementing the underground storage permit system (161) as required by Health and Safety Codes §25282. (HELD UNTIL DR. WARD COULD BE PRESENT.) 85-681 Typewriter - building inspection - the Public Works Department (185) requests authorization to acquire an electric typewriter at an estimated cost of $1,500. Budget transfer B-59 has been prepared to provide the necessary appropriation. Motion: AUTHORIZED PURCHASE OF TYPEWRITER. M S Vote: T Y 2 AB 3 Y 4 Y 5 Y (Motion carried) 85-682 Ordinance adding Section 72-23 to the Butte County Code regarding (260} concealed weapon license applications. Motion: t•IAIVFD THE FIRST READING OF THE ORDINANCE. S M Vote: 1 Y 2 AB 3 Y 4 Y 5 Y (Motion carried) 85-683 Salary ordinance amendment - this amendment consolidates the (374) Sheriff's budget units, adds seven deputy sheriff positions, and adds one Memorial HaTI custodian position to the Memorial Halls. (HELD UNTIL LATER IN THE DAY.} 85-684 Drinking driver services - the Alcohol Advisory Board recommends (393) cancellation of the contract with the Sacramento Safety Center for the delivery of the second offender drinking driver program and to certify any or all programs that meet the state regulations relative to delivering services to this population. Motion: DTD NOT, AT THIS TIME, ADOPT RECOMMENDATIONS OF THE ALCOHOL ADVISORY BOARD. REQUESTED ALCOHOL ADVISORY BOARD TO MEET WITH REPRESENTATIVES OF THE SACRAMENTO SAFETY CENTER TO CONSIDER AGAIN THEIR PROPOSAL FOR A CONTRACT WITH THE COUNTY. REQUESTED COUNTY COUNSEL INVESTIGATE LEGAL ISSUES REGARDING THE CONTRACT AND REPORT TO THE BOARD. M S Vote: l Y 2 AB 3 Y 4 Y 5 Y (Motion carried) Page 186 November 5, 1985 85-b85 Ordinance implementing the underground storage permit system (545) as required by Health and Safety Codes §25282. Motion: NOT TO ADOPT THE ORDINANCE. M Vote: l Y 2 AB 3 Y (ALTERNATIVE PLAN REQUESTED ENVIRONMENTAL HEALTH DIRECTOR.) S 4 Y 5 Y (Motion carried) OF PUBLIC HEALTH DIRECTOR AND 85-686 Consideration of support far the multiple defendants liability (884) for tort damages ("peep Pocket") initiative. Motion: ADOPTED RESOLUTION 85-182. ~9 S Vote: l Y 2 AB 3 Y 4 Y 5 Y (Motion carried) (REPRESENTATIVES FROM CITIES AND CHAMBERS OF COMMERCE WHO APPEARED TO SIGN AND/OR PLEDGE SUPPORT FOR THIS INITIATIVE WERE: BERNICE STAVELY, GEORGIE WILLIS, JANA WILSON, CAROL WRRBACHER, BILL THEBACH, DON BOWLBY, JOHN ISENHART, HOWARD COLLINS, CHARLES HICKS, ERNIE PAUL, AL TOWNSEND, AMY SPENCER--PENNINGTON, FOLLOWED BY COUNTY OFFICIALS.} Closed Session: The Board recessed at 9:48 a.m. for a short break followed by a closed session on the litigation of Harvey vs. County of Butte. Reconvene: The Board reconvened at 10:23 a.m. (SEE MINUTE ORDER N0. 85-688 FOR REPORT.) 85-687 Recognition of persons wishing to speak: (7 447 ) 1. Sheriff Brooks introduced the new police canine "Reddy" to the Board of Supervisors. 85-688 Report on ciased session, (1552) Motion: R~TAINEI3 QUENTIN KOPP AT THE STANDARD FEE OF $75.00 PER HOUR TO DEFEND THE COUNTY IN THE MATTER OF MICHAEL HARVEY YS. COUNTY OF BUTTE. S M Vote: l Y 2 AB 3 Y 4 Y 5 Y (Motion carried) Page 187 November 5, 1985 Regular Agenda 85-689 Ordinance implementing the County Counsel Office reorganization. (1590} Motion: WAIVED THE SECOND READING AND ADOPTED ORDINANCE 2497. M S Vote: l Y 2 AB 3 Y 4 Y 5 Y (Motion carried} Public Hearings and Timed Items 85-690 Sacramento Park Subdivision - abandonment of a portion of the (7936) drainage easement on Lot 8, Sacramento Park Subdivision, AP 42-44-8 (86-3). Motion: ADOPTED RESOLUTION 85-183 APPROVING ABANDONMENT. S M Vote: 7 Y 2 Y 3 Y 4 Y 5 Y (Motion carried) 85-691 1. Butte County Planning Commission - hearing for the purpose {2049) of developing land use planning policies for the Cohasset/Forest Ranch Planning Area Committee. Hearing is to be based upon the report prepared by the Cohasset/Forest Ranch Planning Area Committee on the following: financing public services and law enforcement. 2. Continued hearing - Suite County Planning Commission hearing for the purpose of developing land use planning policies for the Cohasset/Forest Ranch Planning Area Committee. Hearing is to be based upon the report prepared by the Cohasset/Forest Ranch Planning Area Committee on the following: water supply, r~ildlife and ecology (from 10/15/85). 3. Continued hearing - Butte County Planning Commission hearing far the purpose of developing land use planning policies for the Cohasset/Forest Ranch Planning Area Committee. Hearing is to be based upon the report prepared by the Cohasset/Forest Ranch Planning Area Committee on the following: fire protection, transportation and circulation (from 10/15/85). 4. Continued hearing - Butte County Planning Commission hearing for the purpose of developing land use planning policies for the Cohasset/Forest Ranch Planning Area Committee. Hearing is to be based upon the report prepared by the Cohasset/Forest Ranch Planning Area Committee on the following: environmental constraints (from 10/15/85). (HEARINGS CONTINUED OPEN TO NOVEMBER 21, 1985, AT 7:30 P.M., AT FOREST RANCH SCHOOL.) Page 188 November 5, 1985 85--692 Renaming of public road -. Second Street (School Street to end) {2797) to Neighbor Street in Honcut as requested by residents in the area. Motion: ADOPTED RESQLllTION 85-184 APPROVING NAME CHANGE. Vote: l Y 2 AB 3 Y 4 Y 5 Y (Nation carried} 85-693 Steven D. Lane Construction, Inc. - abandonment of three-foot (2878} public utility easement, Lot 126, Big Chico Creek Estates Unit No. 4, AP 42-47-43. Motion: ADOPTED RESOLEITION 85-185 APPROVING RBANDONMENT. S M Vote: l Y 2 AB 3 Y 4 Y 5 Y (Motion carried) 85-694 Sierra West Surveying - on behalf of Robert and Sally Terrill, (2817} appeals the Advisory Agency's denial of tentative parcel map (proposed mitigated negative declaration regarding environmental ** impact), AP 063-01-107, three parcels, property located on both 00 sides of Blacfcberry Road approximately 3000 feet east of its intersection with Crown Point Road, Forest Ranch area. Matian: UPHELD APPEAL, WITH PUBLIC WORKS CONDITIONS 7 THROUGH 8, ENVIRONMENTAL HEALTH CONDITIONS 9 THROUGH 14, AND MITIGATION MEASURES 1 AND 2, AS LISTED ON MEMO FROM PUBLIC WORKS DATED OCTOBER 29, 1985. S M Vote: 1 Y 2 AB 3 Y 4 Y 5 Y (Motion carried) 85-695 Butte County Planning Commission - proposed negative declaration (427) and rezone from A-2 (general) to zoning compatible with the industrial General Plan designation including L-I (limited industrial), M-1 (light industrial), and M-2 (heavy industrial) in the south Chico area (File 86-2). Motion: REFERRED REXNOR, LITTLE LEAGUE, AND MORROW LANE KPAY PROPERTY BACK TO THE PLANNING COMMISSION, AND CONTINUED EfEARING TO JANUARY 21, 1986 AT 10:30 A.P9. S M Vote: 7 Y 2 AB 3 Y 4 Y 5 Y (Motion carried) 85-696 Lippincott-Guth Associates - on behalf of William Reynolds, appeal (1304) the Planning Comrr,ission's denial of rezone (proposed negative declaration regarding environmental impact) from TM-5 {timber mountain -- five acre parcels) to TM-2 (timber mountain - two acre parcels} for property located 415 feet east of Cohasset Road approximately 2,000 feet south of Viias Road, identified as AP 56-17-12, Cohasset (File 85-50) (CONTINUED TO NOVEMBER 19, 1985 AT 3:15 P.M.) Page 189 November 5, 1985 Regular Agenda 85-697 Report by Welfare Director on implementation of AB 2580 - Greater {1357) Avenues for Independence (Gain). Motion: SUPPORTED IMPLEMENTATION OF THE PROGRAM AND APPROVED THE THREE T00~ FUNDED POSITIONS TO FACILITATE THE PRELIMINARY PLANNING PROCESS, AS LONG AS THE THREE POSITIONS ARE TOOq FUNDED. M S Vote: T Y 2 AB 3 Y 4 Y 5 Y (Motion carried) 85-698 Report by Chief Administrative Office and County Counsel concerning Shakeys-Skippers annexation in Chico. Motion: ADOPTED RESOLUTION 85-lSfi OPPOSING THE CITY OF CHICO'S PROPOSED ANNEXATION. S M Vote: i Y 2 AB 3 Y 4 Y 5 Y (Motion carried) Recess: l2:Ol p.m Reconvene: 1:54 p.m. 85-699 Recognition of persons wishing to speak: {1865) T. John Bawling - requesting the Board to hold a public hearing on whether the Housing Authority of the County of Sutte shou]d issue Variable Rate I~uitifamily Housing Revenue Demand Bands for the Pine Tree Apartments Project. Motion: SET HEARING DATE FOR DECEMBER 3, T985 AT TT;00 A.M. M S Vote: ] Y 2 AB 3 Y 4 Y 5 Y (Motion carried) 2. Glenn Miller - regarding adequate iaw enforcement in the County. 3. Jim C~elson - introduced himself as a member of the Grand Jury. Regular Agenda 85-700 Discussion of the Forks of the Butte project. (DIRECTED STAFF (~T74) TO MEET WITH ENERGY GROWTH GROUP FOR A STATUS REPORT AND RECOMNENDATION BACK TO THE BOARD.} 85-701 Consideration of Sheriff's request to provide additional jail {2500 staffing. (NO ACTION TAKEN.) Page T90 Noverr,ber 5, 7 9$5 85-702 Appointment of Chico area business representative to the Private (2995) Industry Council. Motion: APPOINTED DENNIS McMANUS TO SERVE UNTIL JUNE 14, 1987. M S Vote: l Y 2 AB 3 Y 4 Y 5 Y (Motion carried) 85-703 Consideration of resolution submitted by Board Committee on *** Economic Development Policy {from 10/15/85). 000 Motion: ADOPTED RESOLUTION 85-187, CHANGING THE THIRD PARAGRAPH TO "...CREATE NEW JOB OPPORTUNITIES AND ECONOMIC BENEFIT FOR ALL OF OUR CITIZENS AND ENHANCE OUR AGRICULTURAL, INDUSTRIAL, AND COMMERCIALLY DIVERSIFIED ECONOMIC BASES." M S Vote: l Y 2 AB 3 Y 4 Y 5 Y (Motion carried) 85-704 Report by Chairman Fulton and Chief Administrative Officer on (114} the Senate Local Government legislative hearing and proposals for the Rural Renaissance Initiative. Motion: ACCEPTED REPORT AS OFFICIAL POSITION. S M Vote: l Y 2 AB 3 Y 4 Y 5 Y (Motion carried) Motion: DIRECTED THAT REPORT BE SHARED WITH CITY COUNCILS AND CHAMBERS OF COMMERCE INDICATING THAT COMMENTS WOULD BE WELCOMED. S M Vote: l Y 2 AB 3 Y 4 Y 5 Y (Motion carried) 85-705 Report from Board of Supervisors Health Insurance Committee (522} (Supervisors Dolan and McInturf) (from 10/15}. Motion: ACCEPTED RECOMMENDATIONS l AND 2, RS PROP05ED IN LETTER FROM HEALTH PLAN COMMITTEE DATED OCTOBER 30, 1985. S M Vote: l Y 2 AB 3 Y 4 Y 5 Y (Motion carried) 85-706 Additional items from Board members: (622} 1. Supervisor Wheeler - proposal by the National Association of Counties to fund an educational program in key congressional diStriCtS to secure the reauthorization of the Revenue 5har-ing Program. Page 191 November 5, 1985 85-706 (Cont'd} Matian: CONTINUED SUPPORT OF THE NACO CAMPAIGN FOR REAUTHORIZATION OF GENERAL REVENUE SHARING. M S Vote: l Y 2 AB 3 Y 4 Y 5 Y (Motion carried} 2. Supervisor Wheeler - requesting direction from the Board as to how to vote far the CSAC Suburban Section Second Vice President, 3. Supervisor McInturf - concerns regarding parking around the County Center Building. Motion: REQUESTED CHIEF ADMINISTRATIVE OFFICER TO RE-EMPHASIZE PARKING RESTRICTIONS TO DEPARTMENT HEADS. M Vote: 1 2 3 ~ 5 (MOTION DIES FOR LACK OF A SECOND.} 4. Supervisor McFaughlin - concerns regarding policy interpretations being made by Planning staff. 5. Supervisor McLaughlin - regarding rescinding action to rehire custodian far Memorial Ha71s. {TO BE DISCUSSED IN CLOSED SESSION,) 6. Chairman Fulton - Butte County Child Abuse Council request for Board participation in a Task Force to research investigation procedure for child abuse cases. Motion: APPOINTED CHAIRMAN LEN •FULTON. M S Vote: l Y 2 AB 3 Y 4 Y 5 Y (Motion carried) 7. Chairman Fulton - reconsideration of membership in Northern California Supervisors Association. {SUPERVISORS MciNTURF AND WHEELER APPOINTED TO STUDY THE MATTER.) 8. Supervisors Wheeler - reported that CSAC Executive Committee took a position in support of ACA 32. Motion: EXPRESSED SUPPORT FOR THE CONCEPT OF ACA 32. M S Vote: l Y 2 AB 3 Y 4 Y 5 Y {Motion carried) Page 192 November 5, 1985 85~-707 Closed Session: The Board recessed at 3:20 p.m. for a closed session on litigation of Jones vs. Sroaks, Veterans Council, and potential Cade 7 litigation. Reconvene: The Board reconvened at 4:22 p.m. following closed session. {SEE FOLLOWING MINUTE ORDER.) 85-708 Report on closed session. (MR. NICHOLS ADVISED THAT BECAUSE (1758) OF THE CODE 7 LAWSUIT, AND PROBABLE COST TO THE COUNTY, THE SEVEN DEPUTY SHERIFF POSITIONS LISTED IN AGENDA ITEM 3.34 NOT BE ADDED.) Salary ordinance amendment - this amendment consolidates the Sheriff's budget units, adds seven deputy sheriff positions, and adds one Memorial Hall custodian position to the Memorial Halls. Motion: RESCINDED PREVIOUS ACTION OF WAIVING THE FIRST READING OF THE ORDINANCE. S M Vote: l Y 2 AB 3 Y 4 Y 5 Y (Motion carried) Motion: DIRECTED THAT PERSONNEL DIRECTOR PREPARE AN ORDINANCE COMBININ& SHERIFF'S BUDGET UNIT AS PRESCRIBED BY THE CONSENT DECREE. S M Vote: l Y 2 AB 3 Y 4 Y 5 Y (Motion carried) Motion: TO DIRECT PERSONNEL DIRECTOR TO PREPARE AN ORDINANCE RETURNING THE CUSTODIAN POSITION TO THE VETERANS MEMORIAL HALL. M S Vote: 1 N 2 AB 3 Y 4 N 5 Y (Motion failed) Adjournment: There being nothing further before the Board at this time, the meeting was adjourned at 4:25 p.m. Ch irman, Board of Supervisors ATTEST: MAR Chi Cie By: LS ative Officer and and of Supervisors November 5, 19$5 i