HomeMy WebLinkAboutM041084April 10, 1984
Call to order - soard of Supervisors Room, County Administration Building
25 County Center Drive, Oroville.
Present: Supervisors Fulton, Moseley, Wheeler and Chairman Saraceni;
Martin J. Nichols, chief administrative officer; Del Siemsen, county counsel;
and, Rubye Townsley, deputy clerk of the Board.
Absent: Supervisor Dolan
Pledge of allegiance to the Flag of the United States of America.
Invocation - Supervisor Moseley
84-284 Additional items from Board members to be addressed at the end of the day:
1. Supervisor Wheeler would like to talk about some "Aunt Minnie's" which
were recently before the Board.
2. Supervisor Wheeler would like to submit a letter for the record and
for staff follow-up regarding change of ownership statement.
3. Supervisor Wheeler would like Mr. Thompson, C.A.A. Director, to be
present far a discussion regarding contracting license.
84-285 Items removed from._the consent agenda far separate consideration:
(SUPERVISOR DOLAN PRESENT AT THIS TIME.)
1. ..Approval of minutes - April 3, 1984.
2. SRI Study - the Stanford Research Institute economic development study
of Butte County is completed and the plan has been presented and approved
by the PTC.
Page 13
April 1D, 1984
April 1D, J.984
3. dTPA economic development marketing subagreement - the Overall Economic
Development Corporation has submitted a proposal to expend the $10,D00
set aside by the PIC for a marketing plan. The PIC has approved the
subgrant concept.
84-286 Consent Agenda
(58)
1. Butte County Library Trust - in accordance with Government Code Section
23555, accept donation of $300 from the Luncheon Pilot Club of Chico
for the purchase of books. Action requested: ACCEPT DONATION.
2. Victor Gipson/Robert Williams - abandonment of portion of Los Verieles
Road, Bangor, identified as AP 28-25-16, 28-26-58. Action requested:
ADOPT RESOLUTION 84-66 SETTING PUBLIC HEARING FOR MAY 15, 1984, AT
10:00 A.M.
3. dames W. Lewis, attorney at law - on behalf of Martin L. Bastion submits
claim in the amount of $43,385.50 as a result of alleged breach of
contract between dune 30, 1982, and December 31, 1983. Action requested:
DENY CLAIM AND REFER TO COUNTY COUNSEL AND RISK MANAGEMENT COORDINATOR.
4. Ordinance amending Section 2D-,10 of Chapter 20 of the Butte County Code
wherein the Aoard of Supervisors may act as the Advisory Agency for
planned unit developments where a tentative and final map is required.
Action requested: WATVE TiiE SECOND READING AND ADOPT ORDINANCE 2399.
S. Rescind Resolution 84-58 (A) - a resolution has been prepared superceding
the subject resolution regarding utilization of the Prime computer.
Action requested: RESCIND RESOLUTION 84-58 (A) AND ADOPT NEW RESOLUTION
84-66 (A) AND AUTHORIZE THE CHAIRMAN TO SIGN
6. Amendment to Resolution 84-44 (Northgate Village Subdivision Unit No: 1) -
a resolution has been prepared amending the subject resolution to
reflect the proper legal description in Lot 35 in the subdivision.
Action requested: ADOPT RESOLUTION 84-67 AMENDING RESOLUTION 84--44
AND AUTHORIZE THE CHAIRMAN TO SIGN.
7. dTPA handicapped project subagreement - the Superintendent of Schools
under 17TPA subagreement is developing job search assistance for handicapped
youth. The request is to adjust the subagreement budget items with no
increase to the overall agreement cost. Action requested: APPROVE THE
SUBAGREEMENT MODIFICATION REVTSTNG TT-TE BUDGET.
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April 10, 1984
April 10, 1984
84--286 8. Modoc County agreement for inpatient services - the agreement covers
{Cant'd} Butte County Mental Health Services to provide inpatient psychatzic
services to residents o£ Modoc..County in the amount of $150 per day
with an anticipated maximum amount of $2,000. Action requested:
APPROVE AGREEMENT AND AUTHORIZE THE CHAIRMAN TO SIGN.
9. Appointments to the Overall Economic Development Program Committee.
Action requested: APPOINT MEMBERS SET FORTH TN CHIEF ADMINISTRATIVE
OFFICER'S LETTER OF APRIL 4, 1984.
10. Communications:
a. organization for a Renewed Oroville - George Knight, chairman,
writes requesting Board support for the Rose Garden Project, home for
runaway pregnant reenage girls. Action requested: ACCEPT FOR
INFORMATION
B. Oroville Community ..Center Committee, Inc. - writes requesting
$500,000 in federal revenue sharing monies to assist in building a
public center in Oroville. Action requested: ACCEPT FOR INFORMATION
AND REFER TO THE BUDGET HEARINGS.
MOTION: APPROVE CONSENT AGENDA
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y {Unanimously carried
Regular Agenda
84-287 Approval of minutes - April 3, 1984. {SUPERVISOR DOLAN WOULD LIKE TO
{86} AMEND THE MINUTES,.. PAGE 11, MINUTE ORDER 84-282 TO REFLECT TNCLUSTON OF
CERTIFICATION OF A SUPFLEMENTAL ENVIRONMENTAL IMPACT REPORT.}
MOTION: APPROVE MINUTES AS AMENDED.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y {Unanimously carried0
84-288 SRI Study - the Stanford Research Institute economic development study of
{103} Butte Jaunty is completed and the plan has been presented and approved by
the PIC.
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April 10, 1984
April Z0, 1984
84-288
(Cont'd) MOTION; ACCEPT THE STUDY AND AUTHORIZE FINAL PAYMENT; DIRECT ADMINISTRATIVE
STAFF TO IMMEDIATELY SUBMIT A LETTER OF TRANSMITTAL TO CHAMBERS OF
COMMERCE AND ECONOMTC DEVELOPMENT GROUPS TO RESPOND TO THE BOARD
AND COMMENT ON THIS PARTICULAR REPORT TO THE BOARD".OF SUPERVISORS.
M S
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
$4-289 JTPA economic development marketing subagreement - the Overall Economic
(174} Development Corporation has submitted a proposal to expend the $10,000
set aside by the PIC for a marketing plan. The PTC has approved the subgrant
concegt. (REFERRED TO ADMINISTRATIVE OFFICE TO REQUEST THAT BGOEDC DISCUSS NEEDS
WITH OTHER ECONOMIC DEVELOPMENT GROUPS,}
84-290 Discussion of City of Chico letter concerning meeting with city officials
(218) on study of nitrates and the groundwater of the Chico area. (TO BE DISCUSSED
AT THE PUBLIC HEARING uON,NITRATES SCHEDULED FOR 2:30 P.M.)
84-291 Consideration of policy and procedure for collection of penalty fees on
(230) Williamson Act contract cancellations. {CONTINUED TO APRIL 17, 1984.)
84-292 Consideration of department heads' comments to Coopers and Lybrand report
(305) to management on the 1982-83 financial audit.
MOTION: LET RECORD SHOW T~-IAT THERE ARE NO ADDITIONAL COMMENTS.
S M
VOTE: l Y 2 Y 3 NV 4 Y 5 Y (Motion. carried)
84-293 Student drug abuse suppression program - the Sheriff will present a grant
(368) application for Board consideration, said application is to the State Office
of Criminal ~'ustice Planning in the amount of $69,000 {100 state funded)
for a twelve month program to operate May 1, 1984, to April 30, .1985,
in cooperation with the Oroville Union High School Superintendent.
MOTION: APPROVE GRANT APPLICATION, AUTHORIZE THE CHAIRMAN TO SIGN;
ADOPT RESOLUTION 84-68 DESIGNATING THE SHERIFF AS PROJECT DIRECTOR;
ADOPT RESOLUTION 84-69 DESIGNATING MEMBERS OF SHERIFF'S ADVISORY
COMMITTEE AS INITIAL MEMBERS OF 1'; COMMITTEE .TO REVIEW THIS GRANT,
THE COMMITTEE BEING A SUBSTITUTE TO THE ONE GIVEN CONCEPTUAL APPROVAL
ON 3/2Z/84. j
M S `
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried}
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April 10, 1984
April 10, 1984
84-294 Discussion of recommended procedure for consultant selection for environmental
(569) impact reports.
MOTION: ADOPT RECOMMENDED ACTION IN MEMO OF APRIL 4, 1984, FROM SUPERVISORS
FULTON AND WHEELER, AND UPON ADOPTION THE PLANNING DEPAR'T'MENT IS
DIRECTED TO DEVELOP DETAILS ON THE PROPOSAL.
S M
VOTE: 1 N 2 Y 3 N 4 N 5 Y (Motion failed)
MOTION: ASK PLANNING DIRECTOR TO PROVIDE US WITH DETAILS TO HOW THIS
PROPOSED PROCEDURE WOULD ACTUALLY WORK.
M S
VOTE: l Y 2 Y 3 Y 4 N 5 Y (Motion carried)
84-295 Consideration of resolution to amend Resolution 81-182 to revise environ-
{I220) mental review guidelines.
MOTION: ADOPT RESOLUTION 84-70
S M
VOTE; l Y 2 Y 3 N 4 N 5 Y (Motion carried)
84-295 Advisory Agency request for policy direction for interpretation of Policy
(1486) 4.1 of the Bidwell Heights Specific Plan from the February 28, .1984, meeting.
RECESS: 10:07 a.m.
RECONVENE: 10:24 a.m.
MOTION: INSTRUCT ADVISORY AGENCY NOT TO APPROVE THE DOE MILL VINEYARDS
CORPORATION AND LARRY LUDWIG PARCEL MAP PROJECTS UNTIL A COUNTY
SERVICE AREA IS FORMED.
S M
VOTE: 1 N 2'Y 3 N 4 N 5 Y (Motion failed)
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April 10, 1984
April 10, 1984
Public Hearings & Timed Items
$4-297. Earl and Bonnie Patterson - request far variance to section 19-IO and/or
(2048} 19--12 of the Butte County Code for placement of a mobile home on AP 31-26-20,
1184 Sierra Avenue, Oroville area. Zoning: A2. (CONTINUED OPEN TO
APRIL 17, 1984, AT 10:15 A.M,)
84-298 Renaming of a private road - Teal Court (E1 Monte Avenue to end) to Cajun
(2356} Court.
MOTION: ADOPT RESOLUTION 84-71 AND AUTHORIZE THE CHAIRMAN TO SIGN.
M S
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
Regular Agenda
84-299 JTPA/PIC - the Private Industry Council has proposed an agreement for the
(2410} Jobs Training Partnership Act. Several actions will be considered:
A. APPROVE THE AGREEMENT BETWEEN THE PRIVATE INDUSTRY COUNCIL AND THE BOARD.
B. ADOPT RESOLUTION DESIGNATING. CHIEF ADMINISTRATIVE OFFICER AS RESPONSIBLE
OFFICIAL FOR ADMINISTRATION OF AGREEMENT AND OUTLINING HIS AUTHORITIES.
C. APPROVE COOPERATIVE AGREEMENT WITH THE STATE ECONOMIC DEVELOPMENT DEPARTMENT.
D. APPROVE PROGRAM PLAN FOR FY 1985.
MOTION: FOR ACTION REQUESTED ON ITEM A, C AND D.
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried}
(ITEM B CONTINUED TO A LATER DATE)
James Rackerby, personnel director, suggested that the Board rescind
Resolution 84-66 (A) adopted earlier to be discussed later when Item B
is brought back.
MOTION: RESCIND RESOLUTION 84-66 (A)
S
VOTE: 1 Y 2 Y 3 Y 4 Y
Page 18
M
5 Y (Unanimously carried)
April 10, 1984
April 10, 1984
84-300 Additional items to be discussed by Board members.
(2623)
1. Supervisor Wheeler would like to discuss some Aunt Minnie's that were
held in abeyance from March 27, 1984.
MOTION: RECOGNIZING THAT THIS IS A NEW OPINION AND THAT WE HAVE GRANTED
AND MADE FINDINGS IN THE PAST AND THIS BOARD WOULD BE RESPONSIBLE
FOR CREATING A HARDSHIP, I AM WILLING TO MAKE A FINDING ON THE
AUNT MINNIE PERMIT FOR H. BERNARD, AP 72-15~-005 AND FIND THAT A
VARIANCE SHOULD BE GRANTED BECAUSE OF SPECIAL CIRCUMSTANCES APPLI-_
CABLE TO THE PROPERTY INCLUDING SIZE, SHAPE, TOPOGRPAkiY, LOCATION
OR SURROUNDINGS AND THE STRICT APPLICATION OF THIS CHAPTER
DEFRIVES THIS PROPERTY OF THE PRIVILEGES EN~TOYED BY OTHER PROPERTY
IN THE VICINITY ANB UNDER IDENTICAL ZONING CLASSIFICATIONS.
M S
VOTE: l Y 2 N 3 Y 4 Y S N (Motion carried)
2. Supervisor Fulton would like to discuss the outstanding bill for Bidwell
Heights.
MOTION: AUTHORIZE COUNTY COUNSEL TO BRING A LAWSUIT TO RECOVER THE
OUTSTANDING BILL FOR BIDWELL HEIGHTS.
S M
VOTE: I Y 2 Y 3 :~ 4 N 5 Y (Motion carried)
RECESS: 10:48 a.m.
RECONVENE: 11:02 a.m.
(SUPERVISORS DOLAN AND FULTON ABSENT AT THIS TIb1E)
Public Hearings & Timed Items
84-301 Recognition of persons wishing to speak:
~*
00 1. Diane Avrit - requesting a county seal...to be placed at the 4-H center
in Maryland.
MOTION: AUTHORIZE ADMINISTRATIVE OFFICE TO WORT{ WITS-I BUT'I'E COUNTY 4-H
TO SUPPLY PLAQUE.
M S
VOTE: l Y 2 AB 3 Y 4 Y 5 AB (Motion carried}
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April 10, 1984
April 10, 19$4
84-301
(Cant'd} 2. Shari Greenfield - requesting the Soard to reconsider the denial of
her recent Aunt Minnie request. (SUPERVISOR WHEELER REQUESTED THAT
MR. VANHART SE PRESENT BEFORE A DECISION IS MADE.}
(SUPERVISOR FULTON PRESENT AT THIS TIME)
84-302 Additional items from Board members.
1. Supervisor Saraceni requested that the resolution designating the
chief administrative officer as the responsible PIC official, which
was continued to a later date earlier in the meeting (minute order
84-299), be brought back next week to be considered in conjunction
with the JTPA economic development marketing subagreement.
RECESS: 11:10 a.m.
RECONVENE: 11:25 a.m.
(SUPERVISOR DOLAN PRESENT AT THIS TIME)
Public Hearings & Timed Items
84-303 Recognition of persons wishing to speak:
(213)
1. 5hari.Greenfield (continued)
MOTION: GRANT A VARIANCE TO SUBDIVISION ORDINANCE 20-160 b
S M
VOTE: l Y 2 N 3 Y 4 Y~_' 5 N (Motion carried)
2. O. W. Clinkenbeard - representing residents of South Ithaca, requesting
that the Soard forward maps and information to the Planning Commission
to be considered when they have their hearing on the balance of the
Oroville General Plan.
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April 10, 1984
April 10, 1984
84-303 MOTION: REFER TO THE PLANNING COMMISSION,
(Cont'd)
M S
__ _ VOTE: l Y 2 Y 3 Y 4 Y 5 Y
RECESS: 11:34 a.m.
RECONVENE: 1:31 p.m.
(Unanimously carried)
84-304 Public road approaches to Highway 32 - consideration of three locations
(568} at Ten Mile House Road, La Castana Drive, and Altatina::Drive, 10 miles
northeast of Chico.
MOTION: BECAUSE WE HAVE REVIEWED THE CONTENTS OF THE DRAFT~ENVIRONMENTAL
IMPACT REPORT, THE COMMENTS RECEIVED THEREON, AND THE RESPONSES
TO THOSE COMMENTS, I THEREFORE, MOVE THAT WE CERTIFY THAT THE
FINAL ENVIRONMENTAL IMPACT REPORT HAS BEEN COMPLETED IN COMPLIANCE
WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT GUIDELINES AND BUTTE
COUNTY ENVIRONMEN`T'AL REVIEW GUIDELINES; RECOMMEND THAT THE THREE
PROPOSED ROAD CONNECTIONS AT 10 MILE HOUSE, LA CASTANA DRIVE AND
ALTATZNA DRIVE BE APPROVED BY THE CALIFORNIA TRANSPORTATION
COMMISSION; REQUIRE THAT FUNDS BE DEPOSITED WITH THE COUNTY FOR
IMPROVEMENT OF PUBLIC ROAD APPROACHES TO CALTRANS STANDARDS AS A
CONDITION OF APPROVAL FOR ALL PROPOSED LAND DIVISIONS AND SUS-
DIVISIONS SERVED BY THESE ROADS; AND, REQUIRE THE FORMATION OF
AN ASSESSMENT DISTRICT TO MAINTAIN ALL PROJEC'T' AREA ROADS TO
COUNTY STANDARDS; ADOPT RESOLUTION 84-72.
M S
VOTE: I Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
RECESS: 1:45 p.m.
RECONVENE: 2:30 p.m.
84-305 Nitrate study of the Chico area - the final report by the State Department
(916} of Water Resources, Northern District, on the study of nitrates in the
groundwater in the Chico area has been prepared.
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April 10, 1984
April l0, 1984
84-308 MOTION: ACCEPT THE CITY COUNCIL'S OFFER TD HOLD HEARINGS OR MEETINGS
(Cont'd} FOR FURTHER PUBLIC INPUT, AND THEY CAN INVITE US, AND TN THAT
** TO DIRECT OUR STAFF TO COOPERATE AND HELP TO COORDINATE THE
----- 000 --- ---- --------INFORMATION TO BE AVAII,AIBLE FOR WHATEVER MEETING THEY CHOOSE;
SECOND, TO REFER THIS REPORT AND ITS RECOMMENDATIONS TO THE
CHICO ISSUES COMMITTEE TO MEET WITH STAFF, STATE AND LDCAL -
WHOMEVER WE CAN GATHER - TO BEGIN TO DISCUSS AND DEVELOF AN
ACTION PLAN TO DEAL WITH THE NITRATE PROBLEM IN THE CHICO
AREA, AND THROUGH THAT COMMITTEE TD APPROACH THE CITY STAFF FIRST
AND THEN THE INTERGOVERNMENTAL RELATIONS COMMITTEE; AND, THIRD,
TO REFER FOR RECOMMENDATION THE REQUEST TI-IAT WE SEEK FURTHER SCIEN=:..
TIFIC ANALYSIS OR STUDY ALSO TO THE CHICO ISSUES COMMITTEE TO
REPORT WHERE TO GO WITH THAT REQUEST.
M S
VOTE: 1 N 2 Y 3 Y 4 Y 5 Y (Motion carried}
84-309 Additional items
(790}
1. Mr. Nichols re
DeGarmo that a
dedication of
ATTEND.}
!be disc
rt~d t
d:
at a request had been received from Richard
ntative from the Board be present for the
ak Depot. (SUPERVISOR DOLAN DESIGNATED TO
ADJOURNMENT: There being nothing further before the Board at this time
the meeting was adjourned at 3:SS p.m.
L~ ~~L
Chairman, Board of Supervisors
ATTEST:
MARTIN J. NICHO
Chi f Adminsitr ive Officer and
Cle k of t e Bo d of Supervisors
By
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April 10, 1984