HomeMy WebLinkAboutM111588,,}
November 15, 1988
Call to order - Board of Supervisors room, County
Administration Building, 25 County Center Drive,
Oroville. Present: Supervisors Dolan, Fulton, Vercruse
and Chairman McInturf. Martin J. Nichols, chief
administrative officer; Susan Roff, county counsel; and
Nina Denton, deputy clerk to the Board. Not present:
Supervisor McLaughlin.
Pledge of allegiance to the Flag of the United States of
America.
(SUPERVISOR MCLAUGHLIN PRESENT}
88-658
Items removed from the Consent Agenda for Berard
consideration and action.
1. State TV Cable - transfer of cable television
franchise - action requested - ADOPT RESOLUTION
ACKNOWLEDGING TRANSFER OF STATE TV CABLE TO WESTERN
COMMUNICATIONS, THEN FROM WESTERN COMMUNICATIONS TO
THE CHRONICLE PUBLISHING COMPANY; AND DELAY ACTING ON
THE REQUEST TO TRANSFER THE CHRONICLE PUBLISHING
FRANCHISE UNTIL THE CITY OF CHICO HAS ACTED UPON THIS
REQUEST.
2. Amendment ~4 - Data processing technical advisor
services - the amendment with Peat, Marwick, Main and
Company for data processing technical advisor services
covers preparation of an advanced planning document
for submittal to the State Department of Social
Services and is in the amount of $26,240 - action
requested - APPROVE AMENDMENT AND AUTHORIZE THE
CHAIRMAN TO SIGN.
Consent Agenda
88-659
1. Approval of minutes - action requested - APPROVE
MINUTES OF OCTOBER 25, 1988 AND NOVEMBER 1, 1988.
Page 343 November 15, 1988
November 7..5,..1988
2. Budget transfers - action requested - APPROVE
BUDGET TRANSFERS B-34 (PUBLIC WORKS), B-35 (PUBLIC
WORKS}, B-37 (SHERIFF}, AND B-38 {PLANNING}.
3. Formation of County Service Area #114 (Nitrate
Action Plan implementation}~- the Local. Agency
Formation Commission has approved the formation of CSA
#114 to finance feasibility or planning studies and
administrative overhead relating to implementation of
the Nitrate Action Plan -action requested - ADOPT
RESOLUTION 88-171 SETTING A PUBLIC HEARING DATE FOR
DECEMBER 20, 1988 AT 11:00 A.M.
4. Patrick R. Beasley, attorney at law -- on behalf of
Robert Schwerin and Tammy E. Schwerin, files an
application to present late claim and claim in an
amount in excess of $25,000 as result of alleged
injuries and damages sustained on or about October 27.,
1987 while working in the vicinity of Highway 32 and
4th Street in Chico - action requested -- DENY
APPLICATION TO PRESENT LATE CLAIM.
5. Investments information report - the Treasurer-Tax
Collector submits the October 31, 1988 report in
accordance with AB 1073 and the county's investment
policy - action requested - ACCEPT FOR INFORMATION.
6. Penalty abatement request - change of ownership
reports - action requested - APPROVE PENALTY ABATEMENT
REQUESTS AS RECOMMENDED BY THE CHIEF ADMINISTRATIVE
OFFICER.
7. Law Library transfer - the Law Library Board of
Trustees requests the transfer of $2,506.39 from the
Gray Trust Fund (1080} to the Law Library Operating
Fund (1098) - action requested - APPROVE TRANSFER OF
FUNDS.
8. Speed limit ordinance - the Public Works Department
has completed traffic studies on Boucher Street and
West Rio Bonito Road and recommends that West Rio
Bonito Road (from Milky Way to the Biggs city limits)
be speed zoned to thirty-five miles per hour and
Boucher Street (from Humboldt Road to the Chico city
limits) be speed zoned to twenty-five miles per hour -
action requested - WAIVE THE FIRST READING OF THE
ORDINANCE.
Page 344 November 15, 1988
November 15_,_...1.988
9. Resolution proclaiming the week of November 21-27,
1988 as California Family Week - action requested -
ADOPT RESOLUTION 88-172 AND AUTHORIZE THE CHAIRMAN TO
SIGN.
10. 1988-89 SB-325/SB-620 project funding claim -Public
works has prepared the claim for submittal to Butte
County Association of Governments which includes
$1,505,652 for road and bridge maintenance as approved
in the county budget. Also included are modifications
to the county's transit claim that will provide funds
to assist in the purchase of new buses far the Chico
Area Transit and continued operation of the Gridley
Flyer - action requested - APPROVE THE 1.988-89 PROJECT
FUNDING CLAIM AND AUTHORIZE PUBLIC WORKS DIRECTOR TO
SIGN THE CLAIM.
11. Butte County Transit tickets - a request has been
received by California State University Chico to sell
3,500 transit tickets at a cost of $7.00 per 10
tickets - action requested - AUTHORIZE SALE OF
TICKETS.
12. Forest development road cooperative agreement --the
agreement with the U. S. Forest Service provides for
improvements to Humboldt Road, Skyway, and Humbug
Summit Road as part of the Little Grizzly timber sale.
No county funds are involved - action requested -
APPROVE AGREEMENT AND AUTHORIZE THE DIRECTOR OF PUBLIC
WORKS TO SIGN ON BEHALF OF THE COUNTY.
13. Sale of foreclosed properties - the county acquired
four properties in the El Medio neighborhood south of
oraville which were foreclosed upon and included in
a public auction but did not sell, They include: 2474
B Street, 3330 Columbia Street, 2523 and 2255 Fort
Wayne Street. They are now owned by Butte County -
action requested - AUTHORIZE SALE OF PROPERTIES,
PREFERABLY TO LOW INCOME FAMILIES.
14. CSAC Excess Insurance Authority Joint Powers Agreement
amendments -- amendments have been prepared to the
joint powers agreement including Article 14 (premium
surcharge), Article 23 (effect of withdrawal or
cancellation), and Article 25 (liability) --action
requested - APPROVE JOINT POWERS AGREEMENT AMENDMENTS.
Page 345 November 15, 1988
..,
November 15, 1988,
15. Rural economic development promotion activity
application - applications have been prepared for
submittal to the State Department of Commerce
including Activity 002E (Butte County Economic
Development Corporation} in the amount of $55,000 for
1988-89 and Activity 004 (Gridley Industrial Specific
Plan) in the amount of $35,000 - action requested -
ADOPT RESOLUTION 88-173 APPROVING SUBMITTAL OF THE
GRANT APPLICATIONS AND AUTHORIZE THE CHAIRMAN TO SIGN.
16. 1988-89 weights and measures agreement - contract No.
P-701404 has been prepared with the State Department
of Food and Agriculture in the amount of $6,954 to
augment, improve and maintain a uniform and viable
inspection program of establishments selling or
distributing petroleum products - action requested -
APPROVE AGREEMENT.
37. Library on-line conversion of holdings grant program -
an application has been prepared to the California
State Library in the amount of $9,377 which will
enable retrospective cataloging of titles before 1965
an the statewide data base - action requested -
AUTHORTZE DIRECTOR OF LIBRARIES TO APPLY FOR THE
GRANT.
18. Youth Links: Delinquency Prevention and Diversion
Program - a resolution has been prepared approving the
second year grant funding application with the State
Office of Criminal Justice Planning - action
requested -ADOPT RESOLUTION 88-174 AUTHORIZING THE
SHERIFF TO SIGN ON BEHALF OF THE COUNTY.
19. Tehama Alcohol Recovery Center contract - an agreement
has been prepared to deliver alcohol residential
services in Butte County in the maximum amount of
$96,180 covering the period October 1, 1988 through
June 30, 1989 - action requested - APPROVE CONTRACT
AND AUTHORIZE THE CHAIRMAN TO SIGN.
20. 1988-89 County Health Services multi,-year plan and
budget - the plan and budget have been prepared for
submission to the State Department of Health Services
in accordance with the provisions of the Welfare and
Institutions Code. The plan is a description of
public health services as they presently exist and the
budget summarizes the public health expenditures
approved in the final budget - action requested -
ADOPT THE MULTI-YEAR PLAN AND BUDGET AND AUTHORIZE THE
CHAIRMAN TO SIGN THE CERTIFICATE SECTION OF THE PLAN.
Page 346 November 15, 1988
November 15, 1988
21. California State University Chico nursing services
agreement - an agreement has been prepared to provide
far nursing experience to selected students through
July 1, 1991 -action requested - APPROVE AGREEMENT AND
AUTHORIZE THE CHAIRMAN TO SIGN.
22. GAIN program lease agreement - an agreement has been
prepared with Q Street Ltd. covering the lease of
property at 873 Mitchell Avenue for the GAIN program
and is in the amount of $3,443 per month covering the
period September 1, 1988 through August 31, 1991 -
action requested - APPROVE AGREEMENT AND AUTHORIZE
THE CHAIRMAN TO SIGN.
23. Job Training Partnership Act 8% funds - the Private
Industry Council and the Board must cooperatively
endorse the expenditure of Job Training Partnership
Act 8% funds which are required to be used for basic
education of AFDC recipients - action requested -
APPROVE COOPERATIVE AGREEMENT AND AUTHORIZE THE
CHAIRMAN TO SIGN.
24. Acting County Welfare Director - action requested -
APPOINT KIM GAGHAGEN AS ACTING WELFARE DIRECTOR TO
CARRY OUT THE DUTIES OF THAT POSITION UNTIL THE
RECRUITMENT AND HIRING PROCESS FOR PERMANENT
REPLACEMENT CAN BE COMPLETED.
25. County funding initiative - CSAC has requested the
Board to take formal action on the proposed initiative
to strengthen the mandates provisions of the
Constitution, and transfer 1/2 cent of the state's
sales tax to counties -action requested - AUTHORIZE
SUPPORT.
MOTION: MOVE TO APPROVE CONSENT AGENDA WITH REMOVAL OF
ITEMS 3.1Q AND 3.23.
S M
VOTE: 1Y 2Y 3Y 4Y 5Y
(Unanimously carried)
Page 347 November 15, 1988
November 15 1988
Regular Agenda
88-660 Items removed from the Consent Agenda for Board
consideration and action.
1. State TV Cable - transfer of cable television
franchise - action requested - ADOPT RESOLUTION
ACKNOWLEDGING TRANSFER OF STATE TV CABLE TO WESTERN
COMMUNICATIONS, THEN FROM WESTERN COMMUNICATIONS TO
THE CHRONICLE PUBLISHING COMPANY; AND DELAY ACTING ON
THE REQUEST TO TRANSFER THE CHRONICLE PUBLISHING
FRANCHISE UNTIL THE CITY OF CHICO HAS ACTED UPON THIS
REQUEST.(9)
MOTION: MOVE TO ADOPT RESOLUTION 88-175 ACKNOWLEDGING
TRANSFER OF STATE TV CABLE TO WESTERN
COMMUNICATION, THEN FROM WESTERN COMMUNICATIONS
TO THE CHRONICLE PUBLISHING COMPANY; AND DELAY
ACTING ON THE REQUEST TO TRANSFER THE CHRDNICLE
PUBLISHING FRANCHISE UNTIL THE CITY OF CHICO
HAS ACTED UPON THIS REQUEST.
S M
VOTE: 1Y 2Y 3Y 4Y 5Y (Unanimously carried)
2. Amendment ~4 - Data processing technical advisor
services - the amendment with Peat, Marwick, Main and
Company for data processing technical advisor services
covers preparation of an advanced planning document
for submittal to the State Department of Social
Services and is in the amount of $26,200 -- action
requested - APPROVE AMENDMENT AND AUTHORIZE THE
CHAIRMAN TO SIGN. (19)
MOTION: MOVE TO APPROVE AMENDMENT AND AUTHORIZE THE
CHAIRMAN TO SIGN.
M S
VOTE: 1Y 2Y 3Y 4Y 5Y (Unanimously carried)
(SUPERVISOR MCTNTURF ANNOUNCES BEFORE REGULAR AGENDA, THAT THE
BOARD MEETING WILL BE SHORT DUE TO COMMITMENTS OF SUPERVISOR
MEMBERS TO BUTTE COUNTY OFFICE DF EDUCATION AND TWO MEMBERS
OF BOARD AND STAFF TO ATTEND CALIFORNIA SUPERVISORS'
ASSOCIATION MEETING IN SOUTHERN CALIFORNIA.)
Page 348 November 15, 1988
November 15, 1988
Public Hearings and Timed Items
88-661 CLOSED SESSION: The Board recessed at 9:15 a.m. for a
closed session on personnel and actual
litigation: Goncalvez vs. County of
Butte, a worker's compensation case;
these are all held pursuant to Government
Code Section 54956.9 subsection a.
Friends of the Foothills vs. County of
Butte; Leslie Woolridge vs County of
Butte; Glen Organ et al vs Jane Dolan et
al; Floyd Jones et al vs Hal Brooks et
al; Scotts Valley Band of Pomo Indians
of the Sugar Bowl Rancheria vs the United
State of America, Butte County et a1;
County of Butte vs Ashoenemiro Vukusich
et al; George Texeira vs County of Butte;
County of Butte vs Garner; and Mason vs
County of Butte.
RECONVENE: The Board reconvened at 10:20 a.m.
following closed session an meet and
confer and actual litigation. (NO
ANNOUNCEMENTS)
Regular Agenda
88-662 Continuation of budget discussion from October 18, 1988:
a. Presentation by District Attorney Michael Ramsey on
Board adopted budget reduction far 1988-89.
(PRESENTATION BY MICHAEL RAMSEY, DISTRICT
ATTORNEY)(88)
b. Discussion of Proposition 98's effects on the
budget. (CDNTINUED TO NOVEMBER 22, 1988}
c. Adoption of B-36 implementing budget reductions
approved by the Board on October 18, 1988.
(CONTINUED TO NOVEMBER 22, 1988)
88-663 Presentation by Butte County Employees Association
General Manager Gifford Massey on the status of
negotiations. {CONTINUED TO NOVEMBER 22, 1988}
88-664 Report from Agriculture Commissioner Richard Price an
acarine mites. (BOARD REAFFIRMS MOTION OF OCTOBER 18,
1988 RELATIVE TO ACARTNE MITE ORDINANCE.)
Page 349 November 15, 1988
November 15, 1988
(SUPERVISORS MCLAUGHLIN AND VERCRUSE, AND CHIEF ADMINISTRATIVE
OFFICER ARE ABSENT.)
88--665 Appointments - commissions and committees.
a. Appointments to Citizens Advisory Committee far the
Energy, Natural Resources and Recreation Element.
(CONTINUED TO NOVEMBER 22, 1988)
b. Appointments to Lime Saddle Community Services
District. (CONTINUED TO NOVEMBER 22, 1988)
c. Appointment to Magalia County Water District.
{CONTINUED TO NOVEMBER 22, 19$8)
d. Appointments to Richvale Recreation and Park
District. (CONTINUED TO NOVEMBER 22, 1988)
e. Appointments to committee vacancies. (NONE)
88-666 Consideration of resolution setting a date for hearing
to set standards for dental care pursuant to Welfare and
Institutions Code Section 17001. (1007)
MOTION: ADOPT RESOLUTION $8-176 SETTING A DATE FOR
HEARING AND AUTHORIZE THE CHAIRMAN TO SIGN.
S M
VOTE: lY 2Y 3AB 4AB 5Y (Unanimously carried)
88-667 Presentation by Sheriff Leroy Wood on peace office r
status for bailiffs - action requested - REFER TO BUDGET
COMMITTEE. (CONTINUED TO NOVEMBER 22, 1988.)
88-668 Report by Public Works on request of Lippicott Surveying,
on behalf of Roif Dornseif for interpretation and
clarification on condition no. 4 "verify legal access to
the parcel from publicly maintained road" on a
conditional certificate of compliance, AP 56-24-33
(portion), property located on the west side of Highway
32, 1,000 feet north of Stage Road, above Forest Ranch.
(1118)
Page 350 November 15, 1988
November 15, 1988
MOTION: THE BOARD DETERMINES THAT IN THIS SPECIFIC
INSTANCE, THE LEGAL ACCESS TO THE PARCEL IS
THAT WHICH PHYSICALLY EXISTS - 20' WIDE
OPENING, 35' EASEMENT AND IF THERE IS TO BE
FUTURE FURTHER DIVISION OF THIS PARCEL EITHER
BY ZONING DR PARCEL MAP - THE 60' WIDE EASEMENT
WILL BE ACHIEVED.
M S
VOTE: 1Y 2Y 3AB 4AB 5Y (Unanimously carried}
Public Hearings and Timed Items
88-669 Public hearing - renaming of a private road from Seasons
Way (Hooker Oak Avenue to end} to Four Seasons Way.
MOTION: MOVE TO ADOPT RESOLUTION 88--177 TO RENAME
SEASONS WAY (HDOKER OAK AVENUE TO END} TO FOUR
SEASONS WAY. (1454)
M S
VOTE: 1Y 2Y 3AB 4AB 5Y (Unanimously carried)
88-670 Continued hearing - draft Environmental Impact Report far
the Butte County Hazardous Waste Management Plan. (1462)
(CONTINUE CLOSED THE DRAFT ENVIRONMENTAL IMPACT REPORT
TO NOVEMBER 22, 1988. CONTINUE OPEN THE HAZARDOUS WASTE
MANAGMENT PLAN TO JANUARY 24, 1989 AT 11:00 A.M.}
88-671 Public hearing - Charles D. Kelly -- rezone {proposed
negative declaration regarding environmental impact) from
"U" (unclassified) to FR-10 (foothill - recreational, ten
acre parcels), property located on the east side of
Foster Road, approximately 1/3 mile south of Wayland
Road, identified as AP 55-46-40, Paradise. (1642)
Page 351 November 15, 1988
November 15, 1988.
MOTION: FIND THAT THE REQUIREMENTS OF CEQA HAVE BEEN
COMPLETED AND CONSIDERED TN MAKING THIS
DECISION AND ADOPT A NEGATIVE DECLARATION; AND
FIND THAT THE PROPOSED REZONE CONFORMS TO THE
POLICIES, INCLUDING THE TEXT AND MAP, OF THE
BUTTE COUNTY GENERAL PLAN BECAUSE IS MEETS THE
GENERAL PLAN REQUIREMENTS AND RECLASSIFIES "U"
PROPERTY INTO SPECIFIC ZONING SURROUNDED BY
SIMILAR PARCEL SIZES; AND ADOPT ORDINANCE 2721
REZONING TO FR-10 THAT PROPERTY IDENTIFIED AS
AP 55-46-40 (CHARLES KELLY).
S M
VOTE: 1Y 2Y 3AB 4AB 5Y (Unanimously carried)
Regular Agenda
88-672 Report from County Clerk-Recorder Candace Grubbs on
conduct of the November 8 General Election. (CONTINUED
TO NOVEMBER 22, 1988.)
Communications
88-673 Communications received and referred. (COPIES OF ALL
COMMfJNTCATIONS ARE AVAILABLE IN THE CLERK OF THE BOARD
OFFICE.)
a. Law Library Berard of Trustees - submits its annual
report as required by Section 6349 of the Business
and Professions Code (INFORMATION ONLY).
b. California Waste Management Board -writes concerning
the need that county solid waste management plans
be reviewed at least every three years and revised
where necessary to be consistent with state policy -
action requested - REFER TO PUBLIC WORKS.
c. Law office of Morrison & Foerster, San Francisco -
on behalf of Santa Fe Pacific Realty Corporation,
files claims far refund far Southern Pacific Land
Company far 1983-84 and 1984-85, and Southern
Pacific Industrial Development far 1984-85 -action
requested -- REFER TO COUNTY COUNSEL.
Page 352 November 15, 1988
~~
November 15. 1988
88-674 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 TF IT IS NOT
LISTED ON THE AGENDA.}
1. Glenn Miller - on District Attorney's budget and
funding law enforcement and fire protection. (1752}
ADJOURNMENT: There being nothing further before the Board
at this time, the meeting was adjourned at
11:20 a.m. to reconvene on Tuesday, November
22, 1988 at 9:00 a.m,
Chairman, Board of S rvisors
ATTEST:
MARTIN J. NIC S, Chief Administrative Officer
and lerk of h Board of Supervisors
By: ~
Page 353 November 15, 1988