HomeMy WebLinkAboutM030883MIN U',T E S
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Minute Order
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BOARD OF SU PERVlSORS
JANE DOLAN, 2ntl District, CHAIR
AL SARACENI, Ise District
HLLDA WHEELER, 3rd DEstri c:
BERTHA MOSELEY, nth District
LEN FULTON, 5th Distriet
Call to Order - The Board of Supervisors room, County Administration
Building, 25 County Center Driver Oroville, California
Present: Supervisors Fulton, Moseley, Saraceni, 4dheeler and Chair
', Dolan; Mike Pyeatt, interim administrative officer, by Gerald Lively,
deputy administrative officer; Del Siemsen, county counsel; and,
Eleanor Dt. Becker, county clerk, by Rubye Townsley, deputy clerk.
Pledge of allegiance to the Flag of the United States of America
Invocation -- Clay Castleberry
• 29 83',-198 Additional items from Board members to be addressed at the end of
the day:
(a) Request for discussion of the time set for people to speak
_ on non-agenda items. - Supervisor Moseley
(b) Discussion of erosion problem in her area. - Supervisor Moseley
(c) Correspondence from City of Chico requesting a meeting concerning
the Warner Street extension. - Chair Ao1an
(d) Correspondence regarding food stamp distribution, the cost and
the manner. - Chair Dolan
', (e) Request to discuss last week's actions regarding the Williamson
Act. - Supervisor Wheeler
88 83',-i99 Consent Agenda
1. Correction to minutes. Action requested: CORRECT MINUTES OF
MARCH 1, 1983, TO REFLECT THE AMOUNT OF THE CONTRACT WITH
', CHILDREN'S HOME SOCIETY SHOULD HAVE BEEN $219,765.
', 2. Approval of minutes - February 24 and March 1, 1983. Action
requested: APPROVE MINUTES
3. Budget transfers. Action requested: APPROVE BUDGET TRANSFERS
4. Distribution of excess tax proceeds from the sale of Assessor's
Parcel Numbers 061-31-0-047-0; 061-31-0-048-0; 061-31-0-049-0;
061-31-0-050-0. Action requested: ORDER THE AUDITOR TO
DISTRIBUTE THE EXCESS PROCEEDS FROM TH$ SALE OF THE SUBJECT
PROPERTY IN ACCORDANCE WITH REVENUE AND TAXATION CODE 4675
', AS FOLLOWS: ESTHER VIZDAL, $1,852.80 AND SOUTHERN ADJUSTMENT
', BUREAU, $9,912.44.
5. Appointments to the Adult Day Health Care Planning Council.
Action requested: APPOINT CLARA POWERS, LENORE FULLER AND
ROXANNE BURNS TO THE ADULT DAX HEALTH CARE PLANNING COUNCIL.
', 6. Claim - James D. Mart, in support of application for leave
to present late claim on behalf of client Dean Marler. Action
requested: DENY LATE CLAIM, REFER Tp COUNSEL/RISK MANAGEMENT.
Page q76
March 8, 1983
March 8, 1983
7. Northwest Pacific Resources - abandonment of right-of-way,
Commercial Way, south of Ophir Road, Oroville. Action requested:
ADOPT RESOLUTION 83-26 SETTING HEARING FOR•MARCH 29, 1983, AT
10:00 A.M.
8. Property owners in area - abandonment county roads lying within
boundaries of Gray Lodge Wildlife Area (Farris Road and
Rutherford Road). Action requested: ADOPT RESOLUTION 83-27
SETTING HEARING MARCH 29, 1983, AT 10:00 A.M.
9. Thomas M. Groarke - AP 58-16--72 - tentative parcel map,
dividing 15.7 acres to create two parcels of 11.2 acres and
4.S acres each. Located approximately 2400 feet north of
of Jordan Hill Road and Granite Ridge Road intersection.
Jordan Hi11 Road splits the property. Item on which an
enviranmental impact report has been certified. Applicant
is appealing Condition 3 as listed on the conditions of approval.
The condition reads, "Provide two-way traversable access
RS--B--LD-I to each parcel from a county maintained road or
state highway." Action requested: SET PUBLIC HEARING MARCH 29,
1983, AT 11:30 A.61.
10. Approval of 1982-83 County Health Services Plan Update and
Budget supplement. Action requested: AUTHORIZE THE CHAIR TO
SIGN THE 1982-83 COUNTY HEALTH SERVICES PLAN UPDATE AND BUDGET
SUPPLEMENT AND AUTHORIZE THE DIRECTOR OF PUBLIC HEALTH TO
SUBPdTT THE REPORT TO THE STATE DEPARTMENT OF HEALTH SERIVDES.
11. Elberta Ringer - renewal of variance to Sections 19-10 and/or
19-12 of the Butte County Code for placement of a mobile home
on AP 42-05-14, Route 1, Bos 765, Rodeo Avenue, Chic area.
Zoning:-A-S. Action requested: APPROVE VARIANCE RENEWAL.
12. Library - acceptance of microfiche reader Model NMI, Serial
#D142D201, valued at $300. Action requested: ACCEPT DONATION
IN ACCORDANCE i•QITH GOVERNMENT CODE X25355 AND AUTHORIZE PLACEMENT
OF THE ITEM ON FIXED ASSET INVENTORY.
13. California Children's Services Program funding. Action requested:
AUTHORIZE THE DEPARTMENT OF PUBLIC HEALTH TO EXCEED THE 1/40
MILL CCS OBLIGATION BY USING $17,600 CURRENTLY APPROPRIATED
IN THE DEPARTMENT'S BUDGET TO COVER THE ANTICIPATED INCREASED
EXPENSES IN THE CCS PROGRAM.
14. Approval of plans and specifications. Midway channelization
at Oroville-Chico Highway, Project No. 26311-82-1 - plan and
specifications have been completed for the above noted budget
project. Action requested: APPROVE PLANS AND SPECIFICATIONS;
AUTHORIZE CHAIR AND DIRECTOR OF PUBLIC WORKS TO SIGN PLANS;
ADOPT WAGE SCALE; SET BID OPENING FOR 11:00 A.M., PUBLIC WORKS
OFFICE, MARCH 31, 1983.
15. Declaration of Dlarch 14-19 as Special Olympics Week. Action
requested: ADOPT RESOLUTION 83-28.
MOTION: TO APPROVE CONSENT AGENDA
S M
VOTE: l Y 2 Y 3 NV 4 Y S X (Motion carried)
Page 477
March 8, 1983
March 8, 1983
136 83-200 On behalf of the Board Chair Dolan expressed appreciation to:
James Rackerby for bringing a savings to the county of $80,000
immediately, and a potential savings of $400,000 in the refinancing
of PERS contribution.
', Mike Harvey for providing a successful defense for the county in
a legal action.
', Regular Agenda
192 83-201 ;Outside legal counsel - redevelopment agencies. '
MOTION: TO RETAIN THE SERVICES OF MR. HYDE REGARDING REPRESENTATION
FOR THE COUNTY FOR THE CHICO MUNICIPAL AIRPORT REDEVELOP-
MENT PROJECT, AND AUTHORIZING A MAXIMUM FEE OF $2,000.
M S
VOTE: 1 2 3 4 5 (Unanimously carried)
400 83-202 Discussion of AB 1759 (foster care match requirements).
MOTION: I WOULD MOVE THAT BUTTE COUNTY BECOME ACTIVE PARTICIPANTS
IN THE LEGISLATION AND THAT WE CONTACT OUR LEGISLATIVE
REPRESENTATIVE AND OUR ADVOCATES TO ASSIST IN PROMOTION
THIS LEGISLATION ON OUR BEHALF.
M S
VOTE: 1 2 3 4 5 (Unanimously carried)
551 83-203 Salary ordinance amendment - this amendment reclassifies positions
in the Sheriff, Auditor, Welfare, Public Guardina and Treasurer-
'.. Tax Collector departments. {From 3/1/83)
MOTION: TO WAIVE THE SECOND READING
M S
', VOTE: 1 2 3 4 5 (Unanimously carried)
MOTION: I WOULD P+IOVE TO ADOPT ORDINANCE 2340 AMENDING ORDINANCE 2252.
S M
VOTE: 1 N 2 Y 3 Y 4 Y S Y (Motion carried)
1097 83-204 Report of flooding situation and resolution requesting Governor
to declare a state of emergency and request a Presidential disaster
declaration. (RECOGNITION AND APPRECIATION GIVEN TO THOSE PERSONS
WHO HAD ASSISTED)
MOTTON: ADOPT RESOLUTION 83-29 IN APPRECIATION TO THOSE TNDIVIDUALS
WHO ASSISTED FOR AN OUTSTANDING JOS.
M S
VOTE: 1 2 3 4 5 (Unanimously carried)
MOTION: TO CONCUR WITH THE RESOLUTION SENT TO THE GOVERNOR ON
BEHALF OF THE BOARD TO DECLARE A STATE OF EMERGENCY AND
', REQUEST THE SAME FROM THE PRESIDENT, ADOPTING RESOLUTION 83-30.
S M
VOTE: 1 2 3 4 5 (Unanimously carried)
Announcement by Chair Dolan that a Disaster Center will be set up
at the Silver Dollar Fairground in Chico as soon as possible to
assist flood victims. There is a number which is operational at this
time, 1-800-637-7700, for federal disaster assistance for homeowners
and businesses. A separate center will be set up for farmland
Page 478
March 8, 1983
March 8, 1983
3033
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83-205
MOTION: TO DIRECT A TELEGRAM TO THE CORPS OF ENGINEERS TO REQUEST
EMERGENCX REPAIRS ON CREEKBANKS, LEVEES, AND WHEREVER WE
DIRECT THEM. -
S M
VOTE: 1 2 3 4 5 (Unanimously carried)
MOTION: IT IS OUR INTENT TO DO WHATEVER IS NECESSARY AND HELPFUL
SO THAT WE CAN HAVE PARTICIPATION IN THE FLOOD INSURANCE
PROGRAM SO PROPERTY OWNERS AND BUSINESSES CAN GET ASSISTANCE.
M S
VOTE: 1 2 3 4 5 (Unanimously carried)
MOTION: TO PUT A SMALL DISPLAY AD IN CHICO PAPERS WITH LOCATION
AFTER DISASTER CENTER HAS BEEN SET UP, AND INFORMATION
OF POTENTIAL BENEFITS TO PROPERTY OWNERS AND BUSINESS
OWNERS.
M S
VOTE: 1 2 3 4 5 (Unanimously carried)
MOTION: DIRECTION GIVEN TO SEND NOTICE BY MAIL TO PROPERTY OWNERS
IN THE AREA INDICATING TO THEM THAT WE HAVE THE FEDERAL
DECLARATION AND THAT WE ARE PROCEEDING WITH THE FLOOD PLAIN
DESIGNATIONS AND PARTICIPATION IN FLOOD INSURANCE, AND A
CENTER AT THE FAIRGROUNDS , AND OTHER ESSENTIAL INFORMATION.
M s
VOTE: 1 2 3 4 5 (Unanimously carried)
(REQUEST BY CHAIR DOLAN THAT TOM STRUTHERS MEET WITH ALL THOSE WHO
RESPONDED TO THE EMERGENCY FORA DEBRIEFING, OR CRITICAL SESSION,.
SO THAT THE BOARD CAN DETERMINE WHAT WAS GOOD AND WHAT WAS NOT SO
THAT AN ASSESSMENT CAN BE MADE)
RECESS: 10:28 A.M.
RECONVENE: 10:42 A.M.
Public Hearings and Timed Items
HCD 727 - CDBG application for FY 1983-84 - Public Hearing.
MOTION: I WOULD SO r4OVE THE PASSAGE OF RESOLUTION 83-31 AUTHORIZING
SUBMISSION OF THE APPLICATION TO THE STATE AND APPROVING
THE CONTENTS OF THE APPLICATION, AUTHORIZING THE CHAIRMAN
OF THE BOARD OF SUPERVISORS TO SIGN THE APPLICATION,
AUTHORIZE THE CHAIRMAN OF THE BOARD OF SUPERVISORS TO
SIGN THE STATF.I9ENT OF ASSURANCE.
M S
VOTE: 1 2 3 4 5 (Unanimously carried)
365 83-206 Public Hearing - Jerald Lea - apgeal of Advisory Agency's Condition
', #1 for a tentative parcel mag, AP 41-48-35, Cherokee Road, Oroville
area.
MOTION: TO SUSTAIN THE APPEAL ON TAE CONDITION THAT A STATEMENT
WILL BE PLACED ON THE b7AP THAT THERE WILL BE NO FURTHER
DIVISIONS AND VERIFY THAT NO OTHERS WILL BE USING ..THE ROAD.
M S
VOTE: 1 2 3 4 5 (Unanimously carried
MOTION: TO REFER TO THE LAND DEVELOPMENT COMPSISSION FOR REVIEW
THE ROAD WIDTH STANDARD.
S M
VOTE: 1 2 3 4 5 (Unanimously carried
Page 479
March 8, 1983
Alarch 8, 1983
604
1114
1288
1336
2937
83-207 Public Hearing - Berneice Pratt - appeal of Advisory Agency's
approval of the Darrel Parsley tentative parcel map, AP 46-46-02,
four parcels, located east of Highway 99 and north of Keefer Road,
Chico. (CLOSED HEARING CONTINUED TO MARCH 15, 1983)
83-208 Public Hearing - Louis Duncan - appeal of Advisory Agency's denial
of a time extension to file a final map involving four parcels on
the north side of Hurleton Road, Lake Wyandotte area.
P1OTION: TO UPHOLD THE APPEAL AND TO GRANT THE TIME EXTENSION.
M S
VOTE: 1 2 3 4 5 {Unanimously carried)
RECESS: 11:30 A.M.
RECONVENE: 11:40 A.M.
f~
83-209 Craig Donalson, AP 39-36-105, tentative parcel map dividing 0.91
acre into two parcels; one of 0.61 and one of 0.30 acre on the south
', side of Orchard Way, approximately 800 feet west of the intersection
of Orchard Way and Diamond Avenue, 1/2 mile south of Chico. Item
for which negative declaration regarding environmental impact has
been recommended. Applicant appeals Advisory Agency's denial of
this project. (CONTINUED TO MARCH 29, 1983, AT 10:00 A.M.)
Regular Agenda
83-210 Report on budget process. Financial Projection Committee
I (SUPERVTSOR FULTON TO PREPARE MEMO AND AISTRIBUTE TO BOARD AND
MATTER TO BE CONTINUED TO t4ARCH 15, 1983)
83-211 Ordinance approving a development agreement for certain real property
located at the State Highway 99 and Durham-Oroville Highway,
Pentz Road interchange.
MOTION: TO WAIVE FIRST READING OF THE ORDINANCE
S M
VOTE: 1 2 3 4 5 (Unanimously carried)
RECESS: 12:25 P.M.
RECONVENE: 1:22 P.M.
Public Nearings and Timed Items
83-212 RECESS: The Board recessed at 1:22 p.m, for Executive Session for
', General Assistance hearing, 04-90-32928.
RECONVENE: The Board reconvened at 1:57 p.m. following Executive
Session
RECESS: 1:58 p.m.
RECONVENE: 2:09 p.m.
{-213 RECESS: The Board recessed at 2:10 p.m. for Executive Session
for General Assistance hearing, 90-31134.
RECONVENE: The Board reconvened at 2:45 following Executive Session
RECESS: 2:46 p.m.
', RECONVENE: 3:04 p.m.
Page 480
March 8, 1983
riarch 8, 1983
18
341
1885
1925
83-214 Additional items from Board members to be addressed at the end of
day:
Discussion of problems of drainage and erosion .in the Thermalito
area. - Supervisor Moseley (REFERRED TO THERMALITO DRAINAGE
COMb1ITTEE, TO BE BROUGHT BACK ON THE AGENDA BY SUPERVISOR MOSELEY)
Regular Agenda
83-215 Report from County Counsel concerning small hydroelectric plant -
Butte County.
MOTION: I WOULD MOVE THAT WE AUTHORIZE THE APPLICATION FOR THIS
PARTICULAR PR0.7ECT TO BE PREPARED BY DICK HARLAN WITH
EXPENDITURES OF UP TO $2,000 TO GO FORWARD IMMEDIATELY
S M
VOTE: 1 2 3 4 5 (Unanimously Carrie&)
(MEETING TO BE HELD THURSDAY, MARCH 10, 1983, AT 7:30 P.M. FOR
THE SOLE PURPOSE OF AISCUSSING THIS ISSUE)
83-216 CSAC SB 90 service - report
MOTION; I WOULD MOVE THAT WE SUBSCRIBE TO THE CSAC SB 90 SERVICE
M F
VOTE: 1 2 3 4 5 (Unanimously carried)
83'-217 Reconsideration of the cancellation of the Williamson Act contracts
for James Kelm and Donald Lucas to include the certified cancellation
', fees from the Assessor.
MOTION: RESCIND PREVIOUS ACTION APPROVING CANCELLATION
M S
VOTE: l Y 2 Y 3 NV 4 Y 5 Y (Motion carried)
MOTTON: ACCEPT CANCELLATTON FEES CERTTFTED SY THE ASSESSOR
FOR DONALD L. LUCAS AND JAMES KELM.
M S
VOTE: l Y 2 Y 3 NV 4 Y S Y (Motion carried)
MOTION: I FIND THAT THE REQUIREMENTS OF CEQA HAVE BEEN COMPLETED
AND CONSIDERED IN MAKING THIS DECISION AND ADOPT A NEGATIVE
DECLARATION; AND
FIND THAT THE CANCELLATTON WILL NOT RESULT IN DISCONTIGUOUS
PATTERNS OF DEVELOPMENT AND CONFORMS TO THE GENERAL PLAN
AND CONFORMS TO THE REQUIREMENTS OF GOVERNMENT CODE
SECTION 51282.1 ET SEQ.; AND
TENTATIVELY APPROVE THE CANCELLATION OF JAMES W, KELM,
AP 27-04-53 AND DONALD L. LUCAS, AP 72-18-41, SUBJECT TO:
A TENTATIVE APPROVAL OF A PETITION TO CANCEL A CONTRACT
SHALL BE VALID FOR ONE YEAR ON CONDITION OF PAYMENT OF
FEES AND NOTING THAT THE FEES HAVE BEEN CERTIk'IED BX THE
ASSESSOR.
S M
VOTE: I Y 2 Y 3 NV 4 Y S Y (Motion carried)
Page 481
March 8, 1983
March 8, 1983
2100
2298
83-218 Discussion - CSAC Building Fund cost. (Supervisor Wheeler)
MOTION: TO CONTRIBUTE OUR ASSESSMENT TO THE CSAC BUILDING FUND
S M
VOTE: l Y 2 N 3 Y 4 Y 5 Y (Motion carried)
83-219 Additional items from Board members to be discussed at the end of
the day:
', (a),Correspondence from Chico City Council requesting that the Board
find a convenient date for the Board, Public Works and Planning
Staff to further discuss the matter of Warner Street extension. -
Chair Dolan (ADMINISTRATIVE STAFF TO CONTACT MAYOR TO ASK IF
TT WOULD BE ACCEPTABLE TO FIRST HAVE AN INTER-GOVERNMENTAL
RELATIONS COMMITTEE OR WHATEVER GROUP THEY WISH TO IDENTIFY AND
CHICO ISSUES COMMITTEE TO rkEET FIRST, AND REPORT BACK'.TO THE BOARD}
(b) Discussion of correspondence received relative to foodstamps, the
distribution and the cost, etc. (REFER TO WELFARE DIRECTOR TO
REPORT BACK TO THE BOARD AFTER TWO WEEKS)
', (c) Discussion of the time set for people to speak on non-agenda
items. - Supervisor Moseley (TO BE DISCUSSED MARCH 15, 1983)
(d) Request to discuss last week's actions regarding the Williamson
Act and Timber Preserves, - Supervisor Wheeler (SUPERVISOR WHEELER
TO GET COPY OF TAPE TO LISTEN TO LAST WEEK'S DISCUSSION)
RECESS: 4:22 p.m.
RECONVENE: 4:36 p.m,
Public Hearings and Timed Items
2542
83-220 Draft ordinance for County Administrative Officer responsibilities -
resolution establishing review process for department head wages -
resolution establishing Butte County Management Council.
MOTION: TO ALLOW THE WORDING ON PAGE 3, LINE 9, "E", "EVALUATE
DEPARTMENTAL AND OTHER REQUESTS PRIOR TO BEING SUBMITTED TO
THE BOARD" TO STAY IN THE ORDINANCE.
S M
VOTE: l Y 2 N 3 Y 4 Y S Y (Motion carried)
MOTION: ON PAGE 6, LINE 23, I WOULD CHANGE THE WORD "AUTHORIZE"
TO "MONITOR."
S M
VOTE: 1 N 2 Y 3 N 4 N S Y (Motion failed)
MOTION: I MOVE TO ELIMINATE SECTION "C", LINE 4, PAGE 7.
S M
VOTE: 1 2 3 4 5 (Unanimously carried)
MOTION: TO ACCEPT ORDINANCE AS IT HAS BEEN AMENDED TODAY BY
CONSENSUS AND BY VOTE.
S M
VOTE: 1 2 3 4 5
MOTION: TO WAIVE THE FIRST READING OF THE ORDINANCE.
s M
VOTE: 1 2 3 4 5 (Unanimously carried)
Page 482
March 8, 1983
March 8, 1983
MOTTON: FOR THE RECRUITMENT OF CAO TO BE TNHOUSE RECRUITMENT.
S M
VOTE: 1 2 3 4 5 (Unanimously carried)
RECESS: The Board recessed for Executive Session at 6:02 p.m. on
matters of litigation.
RECONVENE: The Board reconvened at 6:50 following a closed session
on litigation. (NO ANNOUNCEMENTS MADE)
RECESS: There being nothing further before the Board at this
time the meeting was recessed until March 10, 1983, at
7:30 p.m.
Page 483
March 8, 1983