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HomeMy WebLinkAboutM121388December 1~ 1988 Call to order - Board of Supervisors roam, County Administration Building, 25 Caunty Center Drive, Oroville. Present: Supervisors Dolan, Fulton, McLaughlin, 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. 88-708 Items removed from the Consent Agenda for Board consideration and actian. 1. Superior Court filing fees - an amendment has been prepared to ordinance no. 2648 fixing Superior Court filing fees pursuant to Government Cade Section 68094 - action requested -WAIVE THE FIRST READING OF THE ORDINANCE. (CONTINUED fi0 12/20/88) 88-749 Consent Agenda 1. Approval of minutes -action requested - APPROVE MINUTES OF NOVEMBER 15, 1988. 2. Budget transfers - action requested - APPROVE BUDGET TRANSFERS B-45 (BUILDING AND GROUNDS), B-46 (PLANNING), B-50 (BUILDING AND GROUNDS}, B-51 (PLANNING), 8-52 (CSA #100}, AND B-53 (PUBLIC WORKS}, 3. County library donations - in accordance with Government Cade Section 25355, donations have been received for the Butte County Library trust for the purchase of books as follows: Chico Friends of the Library, two donations totaling $750, $1,999.49 from the estate of A. Marie Kegerris, Myles G. Tyler, executor, and X500 from paradise Friends of the Library - action requested - ACCEPT DONATIONS AND AUTHORIZE LETTERS OF APPRECIATION. 4. Appointment to Paradise Memorial Hall Committee - action requested - APPOINT LESLIE LYON, DELEGATE REPRESENTING DISABLED AMERICAN VETERANS CHAPTER 106 TO SERVE UNTIL DECEMBER 31, 1989. Page 375 December 13, 1988 December 13. 1988 5. Appointments to Oroville Memorial Hall Committee -~ action requested - APPOINT ROLAND STRANY, DELEGATE AND DAVE HOLLOWAY, ALTERNATE REPRESENTING AMERICAN LEGION POST 95 AND DON McMULLEN, DELEGATE AND LLOYD A. BLACKWELL, ALTERNATE REPRESENTING VETERANS OF FOREIGN WARS POST 9602 TO TERMS ENDING DECEMBER 31, 1989. 6. Final map - Sacramento Avenue Estates, Unit 2 - the developer has provided a letter of credit to guarantee maintenance of facilities for a period of one year on the 18 lot subdivision, AP 42--15--03 (ptn) and AP 42-15-04, property located on the north side of W. Sacramento Avenue, 280 feet east of St. Amant Drive, Chico area -action requested - APPROVE THE FINAL MAP; AND ACCEPT EASEMENTS AS GRANTED IN ITEMS A AND B OF THE OWNER'S CERTIFICATE ON BEHALF OF THE PUBLIC; ACCEPT GRANfi IN FEE SIMPLE W. SACRAMENTO AVENUE, GATEWAY LANE AND ONE FOOfi NO ACCESS STRIPS AS OFFERED IN ITEMS C AND D OF THE OWNER`S CERTIFICATE; AND AUTHORIZE THE CHAIRMAN TO SIGN THE SUBDIVISION AGREEMENT. 7. Final map - Henshaw Avenue Estates. Phase 3 -- the developer has provided bonds to guarantee construction of improvements within one year on the 27 lot subdivision, AP 06-54-02, property located on the south side of Renshaw Avenue, 90 feet east of Autumn Gold Drive, Chico area - action requested - APPROVE THE FINAL MAP; ACCEPT EASEMENTS AS GRANTED IN ITEM 1 OF THE OWNER'S CERTIFICATE ON BEHALF OF THE PUBLIC; ACCEPT GRANT IN FEE SIMPLE AUTUMN GOLD DRIVE, CHESTNUT ROSE LANE, AND ONE FOOT NO ACCESS STRIPS AS OFFERED IN ITEMS 2 AND 3 OF THE OWNER'S CERTIFICATE; ANA AUTHORIZE THE CHAIRMAN TO SIGN THIS SUBDIVISION AGREEMENT. 8. Sydnie Elizabeth Thornton, oraville -files a claim in the amount of $25,fl00 as result of alleged damages sustained on or about June 2, 1987 involving the Child Protective Services Division of the Welfare Department - action requested -REJECT CLAIM FOR NOfi BEING TIPiELY FILED. 9. Robert W. Barrett, Oroville - files a claim in the amount of $50,000 plus punitive damages as a result of alleged damages sustained on or about August 16, 1988 involving damage to his automobile by representatives of City of Oroville and Town of Paradise Police Departments and Butte County Sheriff's Department - action requested - REJECT CLAIM AND REFER TO COUNTY COUNSEL AND RISK MANAGEMENT. 10. Buildings and Grounds arc welder -Board authorization is requested to purchase a wire arc welder, plus miscellaneous supplies in the amount of $692.50. Budget transfer B-50 has been prepared to provide the necessary appropriation -action requested - AUTHORIZE FURCHASE OF FIXED ASSET ITEM. Page 376 December 13, 1988 December 1~ 1988 il. Public Works micro-computer - Board authorization is requested to purchase a micro-computer and printer in the amount of $3,800 for the Public Works shop office to function as a terminal. for the Auditor's payroll system and other departmental capabilities. Funding exists within the Public Works budget -- action requested - AUTHORIZE PURCHASE OF FIXED ASSET ITEMS. 12. CSA X100 Holly Gardens subdivision) loan been prepared in order to provide a loan to area in the amount of $5,950 in order streetlights and provide sewer pump station maintenance. Budget transfer B-52 has been the necessary appropriation - action RESOLUTION 88-189 APPROVING THE LOAN AND AUT TO SIGN. - a resolution has the county service to energize the and storm drainage prepared to provide requested - ADOPT :iORIZE THE CHAIRMAN 13. Peace Officers Standards and Training and (P.O.S.T.} requirements for dispatchers - an ordinance has been prepared accepting the penal code requirements relating to the selection and training standards far public safety dispatchers -action requested - WAIVE THE SECOND READING AND ADOPT ORDINANCE 2725. 14. Homeless shelter agreement - an agreement has been prepared with the community Action Agency covering insurance indemnification for potential liability in the use of the Chico National Guard Armory for a homeless shelter. The agreement has a term through January 5, 1990 _ action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIRMAN TO SIGN. 15. Career Criminal Apprehension Program - an application has been prepared to the State Office of Criminal Justice Planning for funding of a Career Criminal Apprehension Program in the amount of $159,650 {state $152,685 and local $16,965). A resolution has been prepared designating the Sheriff as contract administrator to sign on behalf of the county - action requested - ADOPT RESOLUTION 88--190 APPROVING THE GRANT APPLICATION AND AUTHORIZE THE CHAIRMAN T4 SIGN. 16. 1988-89 AIDS related services agreement - an agreement has been prepared with the State Department of Health Services to provide $35,Ofl0 state funding for AIDS related services within Butte County during the current fiscal year -action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIRMAN TO SIGN, SUBJECT O REVIEW BY COUNTY COUNSEL AND THE AUDITOR. 17. University of California, Davis training agreement - an agreement has been prepared with the University of California. Davis to provide eligibility worker training in an amount not to exceed $20,000 covering the period July it 1988 through June 30, 1989 -action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIRMAN TO SIGN. Page 377 December 13, 1988 December l~ 1988 18. University of California, Davis training agreement - an agreement has been prepared with the University of California, Davis to provide on-site training for Adult/Children's Protection services in an amount not to exceed $4,000 covering the period July 1, 1988 through June 30, 1989 -action requested - APPROVE AGREEMENT AND AUfiHORTZE THE CHAIRMAN TO SIGN. 19. Child Protective Services agreement -agreements have been prepared for the following individuals organizations to provide therapy services to the Welfare Department Child Protective Services division in the amount of $9,950 each covering the period January 1, 1989 through December 31, 1989: Family Service Association, family therapy; Family Service Association, individual therapy; Dennis Bruce, family therapy; Dennis Bruce, group therapy; Dennis Bruce, parents united therapy; Sally Gjestson, family therapy; Jim Voss, family therapy; and Eleanor Zahnd-Calvert, family therapy -action requested W APPROVE AGREEMENTS AND AUTHORIZE THE CHAIRMAN TO SIGN. rf0TI0N: MOVE TO APPROVE THE CONSENT AGENDA WITH IfiEM 3.04 AMENDED TO JOHN J. MONROE INSTEAD OF LESLIE LYON, ANA THE REMOVAL OF ITEM 3.13. S M VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried} Regular Agenda. 88-710 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. MOTION; MOVE TO APPOTNfi JOHN LANE 4F PARADISE. S M VOTE: l Y 2 Y 3 Y 4 Y 5 Y {Unanimously carried) c. Appointment to Magalia County Water District. (REFER TO MINUTE ORDER 88-717} d. Appointments to committee vacancies. MOTION: MOVE TO REAPPOINT WALT WINN TO THE BUTTE COUNTY FAIR BOARD. S M VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y {Unanimously carried} Page 378 December 13, 1988 December 13y 1988 88-711 88-712 88-713 MOTION: VOTE: MOTION: VOTE: MOVE TO APPOINT GENE HURRAY TO THE BUTTE COUNTY FAIR BOARD FROM DISTRICT 1. M S 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried? MOVE TO REAPPOINT HAROLD BURDICK TO THE BUTTE COUNTY HOUSING AUTHORITY FOR DISTRICT 4. M S 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried} Report from Chief Administrative Officer on funding recommendations for the California Wildlife, Coastal and Park Land Conservation Act of 1.988. {113} MOTION: MOVE TO AUTHORIZE APPLICATION FOR $6,500 FOR FENCING FOR THE CHINESE CEMETERY FOR FISCAL YEAR 1.9$9/90 APPROPRIATION, AND PREPARE THE NECESSARY INFORMATION TO PROVIDE FOR APPLICATION TO ACQUIRE THE SACRAMENTO NORTHERN RIGHT OF WAY FOR FUNDING YEAR TWO OR THREE. AT THE END OF TWO YEARS, THE BOARD WORK CLOSELY WITH THE RECREATION DISTRICTS SO fiHAT ANY UNUSED FUNDS DO NOT REVERT BACK TO THE STATE. S M VOTE: l Y 2 Y 3 Y 4 Y 5 Y {Unanimously carried} Request of Paul Sauer for exemption from street facility improvement fees {Butte County Code Section 10-32}. (462} MOTION: MOVE TO DENY THE REQUEST OF PAUL SAUER FOR EXEMPTION FROM STREET FACILITY IMPROVEMENT FEES {BUTTE COUNTY CODE SECTION 10-32} . S M VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried} Report from Chief Administrative Officer on Public Defender contracts: (850} a, Contract with Dennis Hoptowit for representation of indigent Steven Edward Crittenden - action requested -~ APFROVE CONTRACT AND AUTHORIZE THE CHAIRMAN TO SIGN. b. Amendment to agreements with J. Joseph Vandervoort and Schroder and Mueller pending completion of feasibility study to create a Butte County Public Defender's Office -action requested - APPROVE AMENDMENTS AND AUTHORIZE THE CHAIRMAN TO SIGN. MOTION: MOVE TO APFROVE REPRESENTATION AUTHORIZE THE C COUNSEL. M S VOTE. 1 Y 2 Y 3 THE CONTRACT WITH DENNIS HOPTOWIT FOR LEGAL OF INDIGENT STEVEN EDWARD CRITTENDEN AND HAIRMAN TO SIGN, SUBJECT TO REVIEW BY COUNTY Y 4 Y 5 Y {Unanimously carried) Page 379 December 13, 1988 December 1~ 1988 MOTION: MOVE TO APPROVE CONTRACT AMENDMENTS WITH THE VANDERVOORT AND SCHRODER AND MUELLER LAW FIRMS TO CONTINUE THE BIFURCATED PUBLIC DEFENDER CONTRACT SERVICES. M S VOTE: 1 NV 2 Y 3 Y 4 N 5 N (Motion failed to carry) 88-714 88-715 88-716 MOTION: MOVE TO APPROVE CONTRACT AMENDMENTS WITH THE VANDERVOORT AND SCHRODER AND MUELLER LAW FIRMS TO CONTINUE FOR STX MONTHS THE BIFURCATED PUBLIC DEFENDER CONTRACT SERVICES. M S VOTE: 1 NV 2 Y 3 Y 4 Y 5 Y (Motion carried) Report by Chief Administrative Officer on the reorganization of Welfare, Mental Health and Public Guardian functions -action requested: a. Direct the Chief Administrative Officer to distribute report to interested parties; and b. Appoint a committee of two supervisors to meet with the Chief Administrative Officer and affected department heads and report to the Board on January 10, 1989. (1330) MOTION: MOVE TO DIRECT THE CHIEF ADMINISTRATIVE OFFICER TO DISTRIBUTE THE REPORT TO INTERESTED PARTIES; AND A COMMITTEE OF SUPERVISOR DOLAN, AND IF POSSIBLE, ANOTHER BOARD MEMBER TO MEET WITH THE CHIEF ADMINISTRATIVE OFFICER AND AFFECTED DEPARTMENT HEADS AND REPORT TO THE BOARD ON JANUARY 10, 1989. S M VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried} Status report on trial court funding negotiations. (CONTINUED TO 12/201$8} Authorize a letter to Governor Deukmejian on the need to include additional financial assistance far counties in his proposed state budget. (1560} MOTION: MOVE TO DEUKMEJIAN. VOTE: 1 Y 2 Y AUTHORIZE THE PROPOSED LETTER TO GOVERNOR S M 3 Y 4 Y 5 Y (Unanimously carried} 88-717 Appointments - commissions and committees. c. Appointment to Magalia County Water District. MOTION: MOVE TO APPOINT JTM SKOTVOLD TO SERVE UNTIL NOVEMBER, 1992. S M VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried) Page 380 December 13, 1988 December 1~ 1988 CLOSED SESSION: The Board recessed to closed session at 9:57 a.m. on a personnel matter, and actual litigation of McMahon vs. Dolan and Organ vs. Dolan pursuant to Government Cade Section 54955.9(a}. {1643} RECONVENE: The Board reconvened at 10:35 a.m. following a closed session on a personnel matter and actual litigation. (NO ANNOUNCEMENTS} (NEIL McCABE, DEPUTY COUNTY COUNSEL PRESENT FOR SUSAN ROFF, COUNTY COUNSEL.} Public Hearings and Timed Items 88-718 Public hearing - State TV cable franchise. (1700) MOTION; MOVE TO ADOPfi RESOLUTION 8$-191 TRANSFERRING THE CHRONICLE PUBLISHING COMPANY FRANCHISE TO COOKE CABLEVISION. M S VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried) {DIRECT STAFF TO PURSUE A MECHANISM THAT MIGHT BE AVAILABLE TO THE COUNTY TO ESTABLISH AND ADMINISTER A MEANS TEST FOR THE ESTABLISHMENT OF A COUNTY SENIOR CITIZEN DISCOUNT RATE. JAMES W. STOWELL, PRESIDENT, STATE TV CABLE, TO FURNISH A LETTER TO THE COUNTY STATING THEIR WILLINGNESS TO EXTEND A SENIOR CITIZEN DISCOUNT RATE TO ALL ELIGIBLE SUBSCRIBERS IN THE COUNTY AREA UPON THE COUNTY ESTA$LISHING AND ADMINISTERING A MEANS TEST WHEREBY SUCH ELIGIBLE PERSONS AND THEIR PLACE OF RESIDENCE WOULD BE FORWARDED TO STATE TV CABLE.) 88-719 Recess at 11:02 a.m. as the Board of Supervisors and convene as the Air Pollution Control Board. Public hearing -Butte Gounty Air Pollution Gantrol Board - consideration of regulations to require installation of vapor recovery nozzles at retail gasoline service stations, and amendments to existing vapor recovery regulations that pertain to bulk gasoline distribution facilities. {2590) {**p0) MOTION: MOVE TO ADOPT STAFF RECOMMENDATIONS 480,000 GALLON LIMIT, BUT ALSO DIRECT RECOMMENDATION RE URBAN AREAS WHERE SOLUTION MAY BE FOUND FOR GAS ST. COMPETITION WITH EACH OTHER. M VOTE: 1 2 3 4 5 (Died Page 381 TO INCLUDE THE STAFF TO EXPLORE A A MORE EQUITABLE ~TIONS IN DIRECT for lack of second) December 13, 1988 _ ;= ~,. December 1~ 1988 MOTION: MOTION TO ADOPT STAFF RECOMMENDATIONS TO INCLUDE A 120,000 GALLON LIMIT. M VOTE: 1 2 3 4 5 (Died for lack of second) MOTION: MOVE TO DO NOTHING AND LET THE STATE SET UP ITS' OWN PROGRAM. S M VOTE: 1 N 2 N 3 N 4 Y 5 Y (Motion failed to carry) MOTION: MOVE TO ADOPT RESOLUTION 88-2 OF THE BUTTE COUNTY AIR POLLUTION CONTROL DISTRICT ADOPTING RULES AND REGULATIONS PERTAINING TO VAPOR RECOVERY AS RECOMMENDED BY STAFF TO INCLUDE THE 480,000 GALLON LIMIT. S M VOTE: 1 Y 2 Y 3 Y 4 N 5 N (Motion carried) MOTION: MOVE TO DIRECT STAFF TO EXPLORE WHATEVER INEQUITIES MIGHT BE CREATED BY THI5 SITUATION IN. THE URBAN AREAS, AND REPORT BACK TO THE BOARD. S M VOTE: ~. Y 2 Y 3 Y 4 N 5 N (Motion carried) The Butte County Air Pollution Control Board adjourned at 11:40 a.m. to reconvene as the Butte County Board of Supervisors. 88-72fl Senator Jim Nielsen appeared before the Board to present Butte County with a check in the amount of $1,020,967 representing the County's share of the stabilization legislation, and AB 650 block grant program. Public Hearings and Timed Items 88-721 Public hearing - S & L Developers -rezone (proposed negative declaration regarding environmental impact} from A-SR (agricultural, suburban-residential} to R-1 (residential}, property located on the north side of W. Sacramento Avenue, approximately 1/2 mile west of Highway 32, identified as AP 42-15-2 (ptn), 42-15--3, 4; 42-62-33, Chico. (**00) {1083} Page 382 December 13, 1988 December 13~ 1988 MOTION: FIND THAT THE ENVIRONMENTAL REQUIREMENTS HAVE BEEN COMPLETED AND CONSIDERED, NOTING THAT MITIGATION MEASURES HAVE BEEN AND WILL BE ATTACHED TO THE TENTATIVE SUBDIVISION MAP, AND FIND THAT THE REZONE COMPETES WITH THE GENERAL PLAN LAND USE DENSITIES AND MAY SERVE TO MAKE THE PROPOSED LOTS MORE AFFORDABLE IN COMPLIANCE WITH THE HOUSING ELEMENT,' AND ADOPT ORDINANCE 2?26 APPROVING A REZONE TO R-1 {RESIDENTIAL) ON AP 42-15-3, 4, AND 42-62-33. M S VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y {Unanimously carried} Regular Agenda $8-722 Presentation by Art Winslow, State Department of Water Resources regarding Northern California Drought Alleviation Program (aircraft cloud seeding.) {1160} (PRESENTATION BY ART WINSLOW OF STATE DEPARTMENT OF WATER RESOURCES.) 88-723 Communications Communications received and referred. {COPIES OF ALL COMMUNICATIONS ARE AVAILABLE IN THE CLERK OF THE BOARD OFFICE.} a. Butte County Special Districts Association writes proposing the distribution of Special district Augmentation Funds over the next few years - action requested - REFER TO CHIEF ADMINISTRATIVE OFFICER FOR REPORT. 88-724 Public comment. {PRESENTATIONS WILL BE LIMITED TO FIVE MINUTES. THE BOARD OF SUPERVISORS IS PROHIBITED $Y STATE LAW FROM fiAKING ACTION ON ANY ITEM PRESENTED IF IT IS NOT LISTED ON THE AGENDA.} {1949) (NONE) Rectuiar Actenda 88-725 Board authorization of a letter to Senator Nielsen thanking him for the stabilization and block grant fund monies, and asking for his help this year as follows: 1. Convincing the Governor to keep the marijuana eradication money {SB 1139} in the budget, 2. Supporting efforts to help with the County's continuing fiscal problems. {Problem not solved by Trial Court Funding.) 3. Supporting legislation to eliminate the judicial sign-off for receipt of Trial Court Funding. Page 383 December 13, 1988 "F December 1.3. 1988 88-725 CSAC reorganization of their policy committee structure to include participation by all supervisors, not just Board of Directors members, to encourage more than one person from each county to get involved. (Supervisor Vercruse) ADJOURNMENT •. There being nothing further before the Board at this time, the meeting was adjourned at 12:13 p.m. to reconvene on Tuesday, December 2©, 1988 at 9:00 a.m. 4~/ - airman, Board of Supervisors ATTEST: MARTIN J. NICHOLS, hief Administrative Office and Clerk o the Board By• Page 384 December 13, 1988