HomeMy WebLinkAboutM112288~.~
November 2~ 1988
Ca11 to order - Board of Supervisors room. County Administration
Building, 25 County Center Drive, Oroville. Present: Supervisors
Dolan, Fulton, McE,aughlin, Vercruse and Chairman Mclnturf,
Martin J. Nichols, chief administrative officer; Susan Roff, county
counsel; and Carol Roach, assistant clerk to the Board.
Pledge of allegiance to the Flag of the United States of America.
88-67d Consent Amend„-a
1. Budget transfer - action requested - APPROVE BUDGET TRANSFER B-
41 (AGRICULTURE}.
2. Appointment to Mental Health Advisory Board - action requested -
REAPPOINT GAIL TAMS TO SERVE UNTIL DECEMBER 31, 1989.
3. Frank Davis Waggoner, 4roville - files a claim in the amount of
$100,004 as a result of alleged injuries and damages sustained
on about August 25, 1988 involving the Welfare Department -
action requested -DENY CLAIM AND REFER TO COUNTY COUNSEL AND
RISK MANAGEMENT.
4. Mari C. Snyder, attorney at law - on behalf of Pacific Gas and
Electric Company, files a claim for indemnification as a result
of Butte County Superior Court case No. 99550 (Helen Shelton and
Darryl Shelton vs. County of Butte, et al.} - action requested -
REJECT CLAIM AND REFER TO COUNTY COUNSEL AND RISK MANAGEMENT.
5. Stewart, Humpherys, Burchett, Sandelman & Thompson - on behalf
of City of Gridley, files a claim for indemnity for Butte County
Superior Court Case No. 97647 (Janet Ferguson, et al. vs. Adams
Trucking Company, Inc.} - action requested - REJECT CLAIM AND
REFER TO COUNTY COUNSEL AND RISK MANAGEMENT.
6. Philip Cozens,
files a claim
wrongful termin~
action requested
RISK MANAGEMENT.
attorney at law - on behalf of Sandra Lessa,
in an amount in excess of $10,400 alleging
3tion from employment with the County of Butte -
- REJECT CLAIM AND REFER TO COUNTY COUNSEL AND
Page 355 November 22, 1988
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November 22~, 1988
7. Award of bid -fire department utility vehicle -bids were
opened for a 4x4 vehicle for the fire department with the low
bidder meeting specifications being Pahl-Goodhue ~`ord in the
amount of $17,280 plus tax - action requested - AWARD BID.
8. Public Works chip spreader - price quotations have been received
for the purchase of a used chip spreader with the low price
meeting specifications being Bacon-Western Company of San
Leandro in the amount of 552,788, less a trade-in of $1,000 for
a 1975 spreader (County #175, fixed asset no. 012193) - action
requested - AUTHORIZE PURCHASE Of' USED CHIP SPREADER AND
DISPOSAL OF 3.975 SPREADER AS A TRADE-IN.
9. General Assistance vendor/voucher - amendments to the General
Assistance Manual have been prepared to implement the
vendor/voucher payment system for the food component of General
Assistance grants with an implementation date of
January 1, 19$9 - action requested - AFPROVE GENERAL ASSISTANCE
MANUAL AMENDMENTS.
10. General Assistance grant rates - amendments have been prepared
to the General Assistance Manual as determined by the
departmental study ordered by the Superior Court in Organ, et
al. vs. Dolan, et al. The amendment increases the grant maximum
to $284 for an individual, $473. for two persons, $549 for three
persons, $623 for four persons, $76 for each additional eligible
member in excess of four to a maximum grant of $927 for any
household -action requested - APFROVE AMENDMENT TO GENERAL
ASSISTANCE MANUAL.
11. 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 SECOND READING AND ADOPT ORDINANCE 2722.
12. Resolution of appreciation to Jacqueline Mardon - action
requested -- ADOPT RESOLUTION 88--178 AND AUTHORIZE THE CHAIRMAN
TO SIGN.
13. Resolution recognizing the dedication of California's Vietnam
Veterans Memorial - action requested - ADOPT RESOLUTION 88-179
AND AUTHORIZE THE CHAIRMAN TO SIGN.
14. Joint resolution of the Board and Private Industry Council
petitioning the Governor to designate the Butte County Private
Industry Council as the local substate grantee in the Butte
substate delivery area - action requested - ADOPT RESOLUTION 88-
180 AND AUTHORIZE THE CHAIRMAN TO SIGN.
Page 355 November 22, 1988
November 21 1988
15. Hazardous Waste Planning Conference ~ an agreement has been
prepared with the State Department of Health Services to provide
$2,640 in revenue to conduct a planning conference of north
state counties hazardous waste plans - action requested - ADOPT
RESOLUTION $8-181 APPROVING CONTRACT N0. 88-T42~1 AUTHORIZING
THE CHAIRMAN TO SIGN, AND NOTE THAT THE CONTRACT SUPERSEDES ONE
PREVIOUSLY APPROVED BY THE BOARD ON SEPTEMBER 20, 1988 BY MINUTE
ORDER N0. 88-564{351.
16. 1988/1989 County Short-Doyle Annual Plan "Part B" - the
document, which is a detailed plan and budget required by the
State Department of Mental Health in accordance with Welfare and
Institutions Code Section 5654 has been prepared -action
requested -ADOPT RESOLUTION APPROVING 1988/89 SHORT-DOYLE
ANNUAL PLAN FOR MENTAL HEALTH SERVICES AND AUTHORIZE THE
CHAIRMAN TO SIGN FORM 1.1B AND FORM 1.5B.
17. 1989/94 AIDS Community Education and Prevention Proiect
application - the application has been prepared far submittal to
the State Department of Health Services in the amount of
$55,404 - action requested - ADOPT RESOLUTION 88-182 APPROVING
THE APPLICATION AND AUTHORIZE THE CHAIRMAN TO SIGN.
18. Janice O'Donnell agreement - an agreement has been prepared in
the amount of $9,954 covering the period December 1, 1988
through December 31. 1989 to provide individual therapy for
children and parents in order to prevent abuse and neglect and
breakdown of the family structure - action requested -APPROVE
AGREEMENT ANA AUTHORIZE THE CHAIRMAN TO SIGN.
19. Karen Knight agreement - an agreement has been prepared in the
amount of $9,950 covering the period November 1, 1988 through
December 31, 1989 to provide sexual abuse therapy for children
and parents in order to prevent abuse and neglect and breakdown
of the family structure - action requested -APPROVE AGREEMENT
AND AUTHORIZE THE CHAIRMAN TO SIGN.
MOTION: MOVE TO APPROVE THE CONSENT AGENDA.
S M
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y {Unanimously carried}
Regular Agenda
88-675 Application for funding from the State of California Rural Economic
Development Infrastructure Program submitted by Butte County
Economic Development Corporation.
Page 357
November 22, 1988
November 2~ 1988
MOTION: MOVE THAT THE INFORMATION FOR THIS AGENDA ITEM DTD NOT
REACH THE ADMINISTRATIVE OFFICE IN fiIME FOR INCLUSION ON
THE AGENDA, AND BECAUSE OF THE DEADLINE FOR SUBMISSION OF
THE APPLICATION, THIS IS AN URGENCY ITEM FOR CONSIDERATION
BY THE BOARD.
M S
VOTE: T Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
88-676 Application for funding from the State of California Rural Economic
Development Infrastructure Program (REDIF).
MOTION: MOVE TO ADOPT RESOLUTION 88-183 IN SUPPORT OF THE
APPLICATION, AND AUTHORIZE THE CHIEF ADMINISTRATIVE OFFICER
fi0 ACT ON THE COUNTY'S BEHALF IN ALL MATTERS PERTAINING TO
THIS APPLICATION AND PROVIDE FOR 'THE EXECUTION OF ANY
DOCUMENTS RELATED TO THE REDIP APPLICATION.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y {Unanimously carried)
88--677 Items removed from the consent agenda for Board consideration and
action. {NONE)
88-678 Appointments - commissions and committees.
a. Appointments to Citizens Advisory Committee for the Energy,
Natural Resources and Recreation Element. {NONE)
b. Appointments to Lime Saddle Community Services District. (NONE}
c. Appointment to Magalia County Water District. {NONE}
d. Appointments to Richvale Recreation and Park District.
MOTION: MOVE TO APPOINT CLINTON ROSE RND AUDREY STEPHENS TO THE
RICHVALE RECREATION AND PARK DISTRICT.
M S
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
e. Appointments to committee vacancies.
MOTION: MOVE TO APPOINT BOB WENTZ, OROVILLE HOSPITAL ADMINISTRATOR,
T4 SERVE ON THE BUTTE COUNTY ECONOMIC DEVELOPMENT
CORPORATION AND THE BUTTE COUNTY OVERALL ECONOMIC
DEVELOPMENT CORPORATION FOR DISTRICT 1.
M S
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
Page 358
November 22, 1988
November 22~ 1988
88-679 Presentation by Sheriff Leroy Wood on peace officer status for
bailiffs. {130)
MOTION: MOVE TO APPROVE PEACM OFFICER STATUS FOR BAILIFFS.
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y {Unanimously carried}
88-680 Continuation of budget discussion from November 15, 1988:
a. Consideration of District Attorney budget reduction for 1988-89.
(PRESENTATION BY MICHAEL RAMSEY, DISTRICT ATTORNEY. NO ACTION
TAKEN.} (253)
b. Discussion of Proposition 98's effects on the budget.
{PRESENTATION BY THE CHIEF ADMINISTRATIVE OFFICER.} {420)
c. Adoption of B-36 implementing budget redactions approved by the
Board on October 18, 1988.
MOTION: MOVE FOR THE ADOPTION OF B-36 IMPLEMENTING BUDGET
REDUCTIONS AFPROVED BY THE BOARD ON OCTOBER 18, 1988 WITH
$12,000 ADDED BACK INTO THE LIBRARY BUDGET FOR THE PURCHASE
OF BOOKS. STAFF TO PROVIDE BOARD WITH EXPLANATION OF
SALARY SAVINGS FROM THE COUNTY CLERK-RECORDER BUDGET UNIT.
S M
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y {Unanimously carried}
8 $681 Presentation by Butte County Employees Association General Manager
Gifford Massey on the status of negotiations. {1390) {PRESENTATION
BY GIFFORD MASSEY, GENERAL MANAGER OF THE BUTTE COUNTY EMPLOYEES
ASSOCIATION.)
88-682 Report from County Clerk-Recorder Candace Grubbs on conduct of the
November 8 General Election. {1845} (PRESENTATION BY CANDACE
GRUBBS, CLERK--RECORDER OF THE NOVEMBER 8 CONSOLIDATED GENERAL
ELECTION STATEMENT OF VOTE TO THE BOARD. DISTRICT 5 SUPERVISOR
FULTON WAS PRESENTED WITH A RIBBON IN HONOR OF HIS DISTRICT
ACHIEVING THE HIGHEST VOTER TURNOUT; DISTRICT 3 SUPERVISOR VERCRUSE
WAS PRESENTED WITH A RIBBON IN HONOR OF HER DISTRICT ACHIEVING THE
SECOND HIGHEST VOTER TURNOUT; AND DISTRICT 5 SUPERVISOR FULTON WAS
PRESENTED A RIBBON IN HONOR OF THE TOWN OF PARADISE HAVING THE
HIGHEST VOTER TURNOUT.)
88-683 Closed hearing -- draft Environmental Impact Report for the Butte
County Hazardous Waste Management Plan. 12334)
MOTION: ACCEPT RECOMMENDATIONS OF STAFF MEMO DATED NOVEMBER 10,
1988, AND FIND THAT:
Page 359
November 22, 1988
November 22. 1988
1, THE BUTTE COUNTY PLANNING DEPARTMENT HAS PREPARED A
PROPOSED HAZARDOUS WASTE MANAGEMENT PLAN FOR BUTTE
COUNTY PURSUANT TO SECTIONS 25135, ET SEQ. OF THE
HEALTH AND SAFETY CODE; AND
2. THE PROPOSED HAZARDOUS WASTE MANAGEMENT PLAN HAS BEEN
SUBMITTED TO EACH INCORPORATED CITY IN THE COUNTY
PURSUANT fi0 SECTION 25135.7(a} OF THE HEALTH AND SAFETY
CODE; AND
3. AN ENVIRONMENTAL IMPACT REPORT WAS COMPLETED IN
COMPLIANCE WITH CEQA SECTION 15064(A}(1}; AND
4. SAID ENVIRONMENTAL IMPACT REPORT WAS CIRCULATED TO
RESPONSI$LE AGENCIES PURSUANT TO CEQA SECTION 15086;
AND
5. PUBLIC REVIEW OF THE DRAFT ENVIRONMENTAL IMPACT REPORT
WAS PROVIDED PURSUANT TO CEQA SECTION 15087 (A){1}, (C),
(D} , (E) . (F} AND (G) ; AND
6. COMMENTS WERE RECEIVED AND RESPONDED TO PURSUANT TO
CEQA SECTION 15088(a), {b} AND (c)(1); AND
7. SAID E.I.R. ANA COMMENTS RECEIVED THEREON IDENTIFIED
POTENTIALLY SIGNIFICANT ENVIRONMENTAL EFFECTS THAT THE
PROJECT MAY HAVE HAD BUT;
a. IMPACTS IDENTIFIED HAVE BEEN ADEQUATELY MITIGATED
AS IDENTIFIED ON PAGES 23 THROUGH 42 OF THE
ENVIRONMENTAL IMPACT REPORT; AND
b. THAT FUTURE SITE SPECIFIC AND PROJECT SPECIFIC
ENVIRONMENTAL REVIEW WILL ADDRESS DETAILED
CONSTRUCfiiON IMPACTS.
FIND THAT THE ENVIRONMENTAL IMPACT REPORT TOGETHER WITH ANY
COMMENTS RECEIVED DURING THE PUBLIC REVIEW PROCESS HAVE
BEEN REVIEWED AND CONSIDERED.
M S
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y {Unanimously carried)
RECESS: 10:17 A.M.
RECONVENE: 10:40 A.M.
(SUPERVISOR DOLAN ABSENT. NEIL McCABE PRESENT FOR SUSAN ROFF,
COUNTY COUNSEL.)
Page 360
November 22, 1988
November 2~ 1988
PUBLIC HEARINGS AND TIMED ITEMS
$8-684 Public hearing - Bachman & Associates on behalf of Glen E. Biggers,
appeals the Planning Commission's dental of proposed General Plan
amendment to agricultural residential and commercial from timber
mountain and a rezone (draft environmental impact report has been
prepared) from "U" (unclassified) to AR-5 {agricultural-residential,
five acre parcels), AR-3 {agricultural-residential, three acre
parcels), AR-1 (agricultural-residential, one acre parcels}, and NC
{neighborhood commercial), property located on the north sides of
Humboldt Raad east and north of Butte Meadows, identified as AP 60-
a~-21, 24 and 60-OS-24. (2410) {**00)
MOTION: FIND THAT THE ENVIRONMENTAL IMPACT REPORT HAS BEEN
PREPARED; FIND THAT THE PROJECT DOES NOT COMPLY WITH THE
SITE DESIGNATION CRITERIA AND ZONING FACTORS OF THE
COMMERCIAL ANA AGRICULTURAL-RESIDENTIAL GENERAL PLAN
DESIGNATIONS; AND BECAUSE OF THE COUNTY'S INABILITY TO
PROVIDE FURTHER RURAL SERVICES AT SUCH A DISTANCE FROM
SOURCES INCLUDING LAW ENFORCEMENT, FIRE PROTECTION, SNOW
PLOWING AND SCHOOLS; AND THAT THERE IS FURTHER CONCERN
REGARDING fiHE NEED FOR SUCH A PROJECT AND THE DEGRADATION
OF THE WATER QUALITY OF BUTTE CREEK, IT IS MOVED TO DENY
THE PROPOSED GENERAL PLAN AMENDMENT TO AGRICULTURAL-
RESIDENTIAL AND COMMERCIAL, AND THE REZONE TO AR-5, AR-3,
AR-i, AND NC ON AP 60-07-21, 24 AND 60-08-24 (AP 60-11-78}.
S M
VOTE: 1 Y 2 AB 3 Y 4 Y 5 Y (Unanimously carried}
$8-685 Public hearing -Advanced Water Technology, Inc. appeals the
Subdivision Violation Committee`s Condition No. 1 (Verify legal
access to the parcel from a publicly maintained road.}, No. 2
{Provide two-way traversable access to the parcel from a publicly
maintained road.}, and No. 3 {Meet the requirements of the zone at
the time the parcel was created.} of the conditional Certificate of
Compliance, AP 61-08-44, 45, one parcel, property located an both
sides of Sean Creek Road approximately five miles from Bald Rock
Road, Bald Rock area. {890}
MOTION: MOVE TO DENY THE APPEAL OF ADVANCED WATER TECHNOLOGY, INC.
ON AP 61-OS-44 AND AP 61-OS-45.
M S
VOTE: l Y 2 AB 3 Y 4 Y 5 Y (Unanimously carried)
(JOE RUMP, PRESIDENT, ADVANCED WATER TECHNOLOGY, INC. CLAIMS THE
RIGHT TO ANY LEGAL REDRESS IN THIS MATTER.)
Page 361
November 22, 1988
November 22~, 1988
88-686 Public hearing - Butte County Board of Supervisors - consideration
of proposed negative declaration regarding environmental impact and
amendment to the Butte County General Plan Circulation Element to
allow for the extension of West 8th Avenue from Highway 32 to West
Sacramento Avenue, property located on the extension of West 8th
Avenue from Highway 32 to West Sacramento Avenue, Chico. (1145}
MOTION: MOVE TO ACCEPT THE RECOMMENDATION OF STAFF MEMO DATED
OCTOBER 18, 1988, AND FIND THAT:
A. AN INITIAL STUDY WAS COMPLETED IN COMPLIANCE WITH CE¢A.
B. SAID STUDY AND COMMENTS RECEIVED THEREON IDENTIFY
POTENTIALLY SIGNIFICANT ENVIRONMENTAL IMPACTS TO THE
INTERSECTION OF HIGHWAY 32 AND WEST 8TH THAT fiHE
PROJECT MAY HAVE HAD, BUT:
1. TURN POCKETS AND A TRAFFIC SIGNAL ARE PROPOSED TO
BE INSTALLED ON WEST 8TH AND HIGHWAY 32 TO
ACCOMMODATE EXISTING AND PROJECTED LOADS OF
TRAFFIC, AND
2. THE SIGNAL AND TURN POCKET WILL BE FUNDED 50 PERCENT FROM
THE STATE OF CALIFORNIA AND 50 PERCENT FROM THE
CITY OF CHICO ACCORDING TO THE ROAD FEE IMPACT
FUNDING LIST, AND
3. THERE IS NO SUBSTANTIAL EVIDENCE BEFORE THE COUNTY
THAT THE PROJECT MAY HAVE A SIGNIFICANT AFFECT ON
THE ENVIRONMENT.
C. THE NEGATIVE DECLARATION HAS BEEN COMPLETED IN
COMPLIANCE WITH CEQA ANA IS HEREBY ADOPTED.
D. FIND THAT SAID NEGATIVE DECLARATION TOGETHER WITH ANY
COMMENTS RECEIVED DURING THE PUBLIC REVIEW PROCESS HAVE
$EEN REVIEWED AND CONSIDERED.
E. ADOPT RESOLUTION 88-184 APPROVING A GENERAL PLAN
AMENDMENT TO THE CIRCULATION ELEMENT TO ALLOW FOR THE
EXTENSION OF WEST 8TH AVENUE FROM HIGHWAY 32 TO WEST
SACRAMENTO AVENUE.
M S
VOTE: 1 Y 2 AB 3 Y 4 Y 5 Y iUnanimously carried)
Page 3b2
November 22, 1988
November 2~ 1988
8$-687 Public hearing - Sierra West Surveying on behalf of Newport Federal,
appeals the Planning Commission's denial of proposed General Plan
amendment from grazing and open land to agricultural-residential and
rezone (proposed negative declaration with mitigation measures
regarding environmental impact) from FRW40 (foothill-recreational,
44 acre parcels} to FR-10 and 24 (foothill-recreational, 10 and 24
acre parcels}, property located on the east side of Centerville Road
approximately 640 feet north of Fort Humbug Road, across from the
Centerville Powerhouse, identified as AP 011-34-0-014-4, Butte Creek
Canyon. (1234)
MOTION: MOVE TO CONTINUE THIS PUBLIC HEARING OPEN TO
DECEMBER 6, 1988 AT 11:45 A.M.
M S
VOTE: l Y 2 AB 3 Y 4 Y 5 Y (Unanimously carried)
88-688 Communications
Communications received and referred. (COPIES OF ALL COMMUNICATIONS
ARE AVAILABLE IN THE CLERK OF THE BOARD OFFICE.)
a. Donald W. Littlejohn, attorney at law -writes forwarding
comments relating to the environmental assessment of the
proposed Sacramento River National Wildlife Refuge in Colusa,
Glenn, Butte and Tehama counties - action requested - REFER TO
PLANNING DEPARTMENT.
b. California Regional Water Quality Control Board - writes
forwarding adopted order amending water quality control plan for
the Chico Urban area - action requested - INFORMATION ONLY.
c. U. S. Department of Transportation forwards a copy of their
report on the triennial review of Butte County's transit
operation - action requested - INFORMATION ONLY.
88-689 Fublic Comment. (PRESENTATIONS WILL BE LIMITED T4 FIVE MINUTES.
THE BOARD OF SUPERVISORS TS PROHIBITED BY STATE LAW FROM TAKING
ACTION ON ANY ITEM PRESENTED IF IT TS NOT LISTED ON THE AGENDA.)
(NONE}
88-690 CLOSED SESSION: The Board recessed to closed session at 11:40 a.m.
on a personnel matter pursuant to Government Code
Section 54957, meet and confer, and matters of
actual litigation pursuant to Government Code
Section 54956.9(x): Gien Organ, et ai. vs. Jane
Dolan, et al., no. 96241; Leslie Woolridge vs.
County of Butte, et al., no. 93497; and George
Texeira vs. County of Butte, et al., no. 91402.
Page 363 November 22, 1988
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November 2~ 1988
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RECONVENE: The Board reconvened at 11:53 a.m. following a closed
session on personnel, meet and confer and actual
litigation. (NO ANNOUNCEMENTS)
ADJOURNMENT: There being nothing further before the Board at this
time, the meeting was recessed until Tuesday,
December 6, 1988 at 9:00 a.m.
Chairman, Board of Su rvisors
ATTEST:
MARTIN J. NICHOLS, Chief Administrative Officer
and Cle k of the and of Supervisors
By•
Page 36d
November 22, 1988