HomeMy WebLinkAboutM041784April 77, 1984
Call to order - Board of Supervisors room, County Administration Center,
25 County Center Drive, Oroville. Present: Supervisors Dolan, Fulton,
Moseley, Wheeler and Chairman Saraceni. Del Siemsen, county counsel;
Martin Nichols, chief administrative officer; and Cathy Pitts, assistant
clerk to the Board.
Pledge of allegiance to the Flag of the United States of America
Invocation - Supervisor Moseley
84-310 Additional items from Board members to be addressed at the end of the
day. (34)
1. Northern California County Supervisors Association information
received at the last meeting - Supervisor Saraceni.
Consent Agenda (45)
84-311 Rpproval of minutes - April 10, 1984 - action requested - APPROVE MINUTES.
MOTION: TO APPROVE MINUTES
S M
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
Closed Bearings {48)
84-312 County Service Area No. 89 - Rack Creek Nord Area Drainage. The Board of
Supervisors initiated the formation of County Service Area No. 89 by
Resolution No, 83-137. The Butte Caunty.Local Agency Formation Commission
authorized the Board to hold the formation hearing at their September 1,
1983 meeting. (CONTINUED TO JUNE 12, 1984 AT 10:30 A.M. WITH REPORT
FROM PUBLIC WORKS ON MC CAIN DRAINRGE STUDY TO BE HELD AT THE SAME TIME)
Page 23.
April 17, 1984
April 17, 1984
84-313 Items removed from the consent agenda for separate consideration: {135)
1. Resolution honoring Paradise Supers ox AA Team.
84-314 Consent Agenda (151)
1. Budget transfers - action requested - APPROVE BUDGET TRANSFER B-199.
2. Resolution for proclaiming April Fair Housing Month - action requested -
ADOPT RESOLUTION 84-74 AND AUTHORIZE THE CHAIRMAN TO SIGN.
3. Revenue Sharing - proposed use hearing -- action requested -- SET PUBLIC
HEARING DATE FOR MAY 8, 1984 AT 10:00 A.M.
4. Bob Walters, Chico - appeals the denial of a sewage disposal permit
appiicatian to serve a one-bedroom apartment presently under construc-
tion at 1144 Stewart Avenue, Chico, AP 43-241-25 - action requested -
REFER TO COUNTY COUNSEL TO DETERMINE TF APPEAL CAN BE HEARD.
5. Baker, Cornell & Baumback, attorneys at law - on behalf of Jan Caperello,
file a claim in the amount of $25,591.15 as a result of alleged damages
occurring on February 9, 1984 at 223 West 27st Street, Chico - action
requested - DENY CLAIM AND REFER TO COUNTY COUNSEL AND RISK MANAGEMENT
COORDINATOR.
6. Distribution of excess tax proceeds from the sale of AP 041-01-0-133-0
in accordance with Revenue and Taxation Code Section 4b75 to
Robert Gard Merritt in the amount of $7,539.48 - action requested -
AUTHORIZE THE AUDITOR TO DISTRIBUTE EXCESS PROCEEDS AS RECOMMENDED.
7. Distribution of excess tax .proceeds from the sale of AP 044-01-0-016-0
in accordance with Revenue and Taxation Code Section 4675 to
Irvin D. Schlaf in the amount of $772.99 - action requested - AUTHORIZE
THE AUDITOR TO DISTRIBUTE EXCESS PROCEEDS AS RECOMMENDED.
$. Distribution of excess tax proceeds from the sale of AP 044-01-0-033-0
in accordance with Revenue and Taxation Code Section 4675 to
Irvin D. Schlaf in the amount of $646.58 - action requested - AUTHORIZE
AUDITOR TO DISTRIBUTE EXCESS PROCEEDS AS RECOMMENDED.
9. Distribution of excess tax proceeds from the sale of AP 051-23-0-044-0
in accordance with Revenue and Taxation Code Section 4675 to
Southern Adjustment Bureau, Inc., for Ferdinand Federlin in the
amount of $11,604.02 - action requested - AUTHORIZE THE AUDITOR TO
DISTRIBUTE EXCESS PROCEEDS AS RECOMMENDED.
Page 24.
Apri 1 17 , 1984
April 17, 1984
10. Distribution of excess tax proceeds from the sale of AP 072-73-0-076-0
in accordance with Revenue and Taxation Code Section 4675 to
Charles and Juanita Crawford in the amount of $439.51 - action
requested - AUTHORIZE THE AUDITOR TO DISTRIBUTE EXCESS PROCEEDS AS
RECOMMENDED.
11. Approval of plans and specifications - Ord Ferry Raad, Project No.
42071-83-1 - plans and specifications have been completed for the
budget project - action requested - APPROVE-PLANS AND SPECIFICATIONS;
AUTHORIZE THE CHAIRMAN AND ACTING PUBLIC WORKS DIRECTOR TO SIGN THE
PLANS; ADOPT IdAGE SCALE; AND SET BID OPENING FOR MRY 10, 1984 AT
17:00 A. M. IN THE PUBLIC GJORKS OFFICE.
72. Butte County Transit - Far Northern Regional Center has requested
free rides (maximum of twenty free rides per student) in order to
train persons with developmental disabilities to ride the system.
The Intercity Transit Advisory Committee has approved the program -
action requested - AUTHORIZE PUBLIC WORKS TO ISSUE FREE RIDE COUPONS
FOR THE TRAINING PROGRAM.
13. 1984-$5 road and bridge construction program -action requested -
AUTHORIZE PRELIMINARY ENGINEERING, RESERVING THE RIGHT TO AMEND THE
PLANNED ROAD AND BRIDGE PROGRAM DURING.BUDGET HEARINGS.
74. Ordinance amending Chapter 26 of Article TTI of the Butte County
Code relative to flood plain permits - action requested - WAIVE
THE FIRST READING OF THE ORDINANCE.
75. Letters in support of police and fire employee exemption from
mandatory retirement act - action requested - APPROVE LETTERS AND
AUTHORIZE CHAIRMAN TO SIGN.
76. Purchase of mobile radios - Welfare Department - the department
requests authorization to purchase a multi-channel mobile radio
for the special investigation unit. Radio.to be acquired from
existing budgeted funds - action requested - AUTHORIZE ACQUISITION
OF RADIO.
77. Purchase of mobile radios -- Public WorEcs.- the department requests
authorization to acquire eight two-way mobile radios rather than
five approved in the 1983-84 budget within the existing appropriation -
action requested - AUTHORIZE ACQUISITION OF RDDITIONAL RADIOS.
78. Connerly & Associates, Tnc., contract amendment - an amendment has
been prepared extending the term of the contract to December 31, 1984
for purposes of implementing and administering the 1982-83 and 1983-84
Community Development 61ock Grant programs in the E1 Medio and
Chapmantown neighborhoods with no additional costs - action requested -
APPROVE CONTRACT AMENDMENT AND AUTHORIZE THE CHAIRMAN TO SIGN.
Page 25.
Apri 1 17, 1984
Apri i i 7, 1984
19. Clar'i-Fication of advisory committee - several letters have been
received requesting clarification of'the Board's intent with regard
to a proposed advisory committee recommended by the Sheriff - action
requested - AUTHORIZE CHITEF ADMINISTRATIVE OFFICER TO NOTIFY ORGANIZA-
TIONS THAT THE COI+~`~ITTEE ESTABLISHED WAS FDR A SINGLE PURPOSE, LOCAL
SUPPRESS-TON 0~1_DRUG_ABUSE I1~__SCHOOLS_ PROGRAAi __ _ __
20. Communications.
a. Lake County Superior Court - Superior Court Judge John J. Golden
writes thanking the county, staff of the Superior Court, County Clerk's
Office, members of the Sheriff's Department and District Attorney for
support and assistance during the Stanley trial -- action requested -
ACCEPT FOR INFORMATION.
b. Greater Chico Chamber of Commerce - ~~rrites complimenting the Board
an their decision to provide funding for the Butte County Overall
Economic Development Corporation - action requested - ACCEPT FOR
INFORMATION.
c. Stile-Shea & Associates ~- files a claim far refund of taxes i n
the amount of $19,956.04 in accordance with Revenue and Taxation Code
Section 5097 - action requested - REFER TO TAX COLLECTOR AND COUNTY
COUNSEL FOR RECOMMENDATION.
d. Peter D. Peterson - writes in response to the Board's letter
concerning improvement in and around Gianeila Road - action requested -
REFER TO COUNTY COUNSEL AND PUBLTG WORKS DIRECTOR FOR REPORT AND
RECOMMENDATIONS.
MOTION: APPROVE CONSENT AGENDA 1rlITH
M S
VOTE: 1 Y Z Y 3 Y 4 ~Y
DELETIONS.
5 Y (Unanimously carried}
Regular Amanda
84-315 Status report of the Forks of Butte hydro power project {166}
MOTION: TO-FILE PETITION TO INTERVENE AND''PROTEST LICENSE APPLICATIONS
5 M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried}
Page 26,
April l7, 1984
Apri 7 17, 1984
84-316
MOTION: TO SEND INFORMATION TO WATER COMMISSION FOR COMING UP WITH REASONS
WHY WATER SHOULD BE PROTECTED, KEEPING TN MIND THAT WATER RIGHTS
NEED TO BE PROTECTED FOR THE PUBLIC GOOD BY A PUBLIC BODY, AND TO
REVIEW THE THOUGHTS THAT TOOK PLACE TODAY, AND TO LET THE STATE
WATER QUALITY CONTROL BOARD KNOW THAT THE BOARD WANTS A FORMAL
-_ __ NEARING, __ __ _ __ _ _ _ _ ___ __ __
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
Ordinance amending Ordinance 2280 re-establishing the salary of Board
members at $i 2,844 per year -action requested - WRTVE THE FIRST READING
OF TWE ORDINANCE.
Ordinance amending Ordinance 2047 increasing the mileage rate reimbursement
to 25~ per mile for Board members which is the same as other county employees-
action requested - WAIVE THE FIRST READING OF THE ORDINANCE.
Ordinance amending Ordinance 2252 reinstating-the 10~ salary reduction for
county department heads, excepting therefrom the Chief Administrative
Officer - action requested - WRTVE THE FIRST READING OF THE ORDINANCE. (1397}
MOTION: MOVE FOR ACTION AS REQUESTED.
5 M
VOTE: 1 N 2 Y 3 Y 4 Y 5 Y (Motion failed)
{!ORDINANCES READ INTO THE RECORD}
Public Hearings & Timed Items
84- 317
84- 318
Slide presentation by Butte County Grand Jury. (1843} (NO ACTION TAKEN)
RECESS: 10:19 a.m.
RECONVENE: 10:38 a.m.
Earl and Bonnie Patterson - request for variance to Sections 79-10 and/or
19-12 of the Butte County Code for placement of a mobile home on
AP 31-26-20, 1184 Sierra Avenue, Oroviile area. Zoning: "A-2".
MOTION: TO APPROVE REQUEST FOR VARIANCE TO SECTIONS 19-10 AND/OR 19-12
OF THE BUTTE COUNTY CODE FOR PLACEMENT OF A MOBILE HOME ON
AP 31-26-20, 1184 SIERRA AVENUE, OROVILLE AREA, ZONING: "A-2",
FOR EARL AND BONNIE PATThRSON
S M
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried}
Page 27.
Apri 1 17, 1984
April 17, 1984
84-319 Laura`s Acres tentative subdivision map - Barnhart-Brown & Associates on
behalf of Mrs. Laura Rivers, appeal conditions 2, 12 and 20 on Laura's
Acres tentative subdivision map (item on which a mitigated negative dec-
laration of environmental impact has been adopted), AP 36-54-12, 108 lots
plus remainder, located on the north side of Mt. Tda Road, north of the
intersection of Nit. Ida Road and Ora-Bangor~Highway, Oroville area.
** {2643} {**00} (CONTINUi=D TO APRIL 24, 1984 AT 2:30 P.M. 4~ITW SUPi;RVISOR
SARACENI TO MEET WTTW ENGINEER}
Regular Agenda
84-320 Appointments to the Private Industry Council. {48}
MOTION: TO APPOINT DON A. LEE WTL:SON; JOHN M. SHEA, AND GREGORY J. B.RTSLAIN
TO THE PRIVATE INDUSTRY COUNCIL
S M
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y {U.nanimously carried}
84-321 Report and recommendations of the Jail Advisory Committee for the Butte
County Detention Facility - action requested--APPROVE TWE RECON~+IENDED
PROJECT TOTALING $1,853,29.3, APPROVE THE RECOMM<rNDED FINANCING SCHEDULE
TO COVER THREE FISCAL YEARS, AND AUTWORTZE THE .CHIEF..ADMTNTSTRATIVE
OFFICER TO TNSTRUGT THE ARCi-iITECT TO PROCEED TN DEVELOPING THE NECESSARY
PLANS AND SPECTFTCATTONS TN ORDER FOR THE BOARD TO ISSUE A CALL FOR BID
AT A LATER DATE. {68}
MOTION: TO ACCEPT RECOMMENDATIONS i::, 2 AND 3 OF THE Ci-iTEF ADMINISTRATIVE
OFFICER
S M
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y {Unanimously carried}
84-322 Presentation by Assessor and consideration of supporting an,amendment to
Government Code Section 66492 relating to tax deposits on parcel maps. (.224)
MOTION: SEEK LEGISLATION TO-AMEND GOVERNMENT CODE SECTION 66492 TO WAIVE
BY ORDINANCE THE REQUIREMENTS OF ACCEPTING SECURITIES FOR PARCEL
MAPS OF FOUR .PARCELS OR LESS IF THE COUNTY CWOSES.
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y {Unanimously carried}
Public Hearings and Timed Items
84-323 Recognition of persons wishing to speak. (590}
Page 28.
Apri 1 1.7, 1984
Apri 1 17, 1984
1. Orrin B. Stratton - nitrate pollution in Chico area and need to
notify residents of health hazards.
2. Mike Evans - support of position by Assessor on Government Code
Section 66492.
3. Jimmy Umenhofer - request for letter to be sent to Bureau of Land
Management in addition to letters to Federal Energy Regulatory
Commission far the Butte hydro power project. (COUNSEL TO SEND LETTER)
84-324. Robert and Sandra Kir~Cpatrick - appeal conditions 1, 2 and 3 on a
conditional certificate of compliance, AP 62-50-125, one parcel approx-
imately 1300 feet south along a private drive which intersects Pine
Tree Lane at a point approximately 2OOO feet southwest of the intersection
of Bald Rack Road and Pine- Tree Lane, Bald Rock area, (987}
MOTION: FIND THAT BECAUSE OF THE SUBDIVISION BEING FORMED MANY YEARS
AGO BY DEED.AND MOST OF THE PROPERTIES ARE TN SEPARATE 01rJNERSHTP
TT WOULD BE UNREASONABLE. TO.REQUTRE ACCESS~ON THIS AND TO UPHOLD
.THE APPEAL FOR ROSERT RNU SANDRA KTRKPATRTCK APPEAL OF CONDITIONS
1, 2 AND 3 ON A CONDITIONAL CERTIFICATE OF COMPLIANCE, AP 62-50--125,
ONE PARCEL APPROXIMATELY 130O FEET SOUTH ALONG A PRIVATE DRIVE
WHICH INTERSECTS PINE. TREE LANE AT A PO.TNT'APPROXIMATELY 2000
FEET SOUTHWEST OF THE TNTERSECTI:ON OF BALD ROCK ROAD AND PINE
TREE LANE, BALD ROCK AREA.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
Regular Agenda
54-325 Report to the Board concerning the amount of land presently zoned in the
county, zoned "A-2", etc.. (1210) (INFORMATION; NO ACTION TAKEN)
84-326 Interpretation of Butte County Code Section 24-20, paragraph (d) regarding
the compatibility of ~a retreat'in a timber preserve zone (TPZ} as requested
by Fourth Angel Ministries. (7466} (CONTINUED TO LATER IN THE MEETING:WITH
CORRECTION IN MEMO TO REFLECT ,1UNE 14 TO 24, 1984}
84-327 Report on status of state discussions regarding possible elimination or
curtailing of.Dep.artment of Forestry Schedule A services. (2192}
MOTION: OPPOSE CHANGES TO THE ABILITY TO CONTRACT WITH THE DEPARTMENT
OF FORESTRY UNDER SCHEDULE A AND AUTHORIZE THE CHAIRMAN TO
SIGN A LETTER TO THE GOVERNOR.
S M
VOTE: l Y ~ 2 Y 3 Y 4 Y 5 Y (Unanimously carried}
Page 29.
Apri 1 l7, 1954
April 7y, 1984
$4-328
Additional. items from Board members to be addressed at the end of the
day. "('2340}
1. Ordinances regarding salary far Board members and department heads
and increase of mileage for Board members - Supervisor ~lheeler
Public Hearings & Timed Items
84-329 General Assistance Fair Hearing - Case No. 04-91-48190. {2374}
CLOSED SESSION: The Board recessed at 11:59 a.m~. to hold a c1.osed
session on the above fair hearing.
RECONVENE: The Board reconvened at 1:30 p.m. following a closed session
and ranch. (HEARTNG WAS CONTINUED TO MAY 1, 1984 AT
11:75 A.M.)
84-330 Circulation Element to the Butte County General P1 an (item on which a
draft environmental impact report was prepared). (2380)
MOTTON: MOTION OF INTENT TO CERTTFY~THE REPORT AND ADD THE ITEMS
BROUGHT UP BY MR. GETST FOR THE CITY OF GRTDLEY TN THE
REPORT. .
M 5
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
(COIVTTNUED TO MRY 1, 1984 AS A CLOSED HEARTNG) "
84-331. General Assistance Fair.Hearing -- Case No. 04-91-48190. (2931) (HEARING
DATE CHANGED TO MAY~B, 1984 AT 1.1:30 A.M.}
Re~ ~ular'A enda
84-332 Consideration of policy and procedure for collection of penalty fees on~
Williamson Act contract cancellation. (29b6)
MOTTON: MOVE FOR ACTIONS~UNDER THE THREE RECOMMENDATIONS BY ADMINISTRATIVE
OFFICE STAFF.
M S
VOTE: l Y ~2 Y 3 Y 4 Y 5 Y (Unanimously carried)
Page 30.
April 17, 1984
Apri i 1~7, 7 984
84-333 Interpretation of Butte County Code Section 24-20., paragraph (d} regarding
the compati6iTity of a retreat in a timber preserve zone (TPZ) as requested
*** by Fourth Ange7~ Ministries. (3056) (***000}
MOTION: FIND THAT A RETREAT IS A COMPATIBLE USE BECAUSE OF BUTTE COUNTY
_-- __ _CODE SECTIONS 24-20(d) ANl) 24=190(a) (1_}
AMENDED MOTION: FINDING THE RETREAT TS COMPATIBLE. BECAUSE OF THE FOLLOWING
ASPECTS: USE IS TEMPORARY; IT IS FOR RECREATION IN THIS
INSTANCE BECAUSE OF EFFORTS TO SHOW STUDIES TN NATURAL
SCIENCES; AND THERE TS NO NEED NO.R PLAN TO RLTER THE SITE.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried}
84-334 Consideration of policy and pr.ocedur~ for collection of penalty fees on
Williamson Act contract cancellation. (567) (LETTER TO BE SENT TO FARM
BUREAU ADVISING OF ACTION TAKEN BY BOARD}
Consent Agenda
84-335 Resolution. honoring Paradise Supersnx AA Team - action requested - ADOPT
RESOLUTTON`'84=73~AND AUTHORIZE VICE-CFfATRMAN TO SIGN (670)
MOTION: TO APPROVE AS REQUESTED.
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
RESOLUTION WAS PRESENTED TO THE MANAGER OF THE TEAM.
Re._ Oul ar Agenda
84-336 Ordinance amending Ordinance 2280 re-establishing the salary of Board
members at $12,844 per year - action requested`- WAIVE THE FIRST READING
OF THE ORDINANCE.
Ordinance amending Ordinance 2047~increasing the mileage rate reimbursement
to 25~ per mile for Board members wF~ich is the same as other county employees-
action requested - WAIVE THE FIRST READING OF THE ORDINANCE. (776)
MOTION: TO TABLE THE ABODE ITEMS AND DTRECT.ADMINISTRATIVE OFFICE STAFF
TO SUBMIT THESE TWO ITEMS TO THE GRAND'~7URY FOR REVIEW AND
COMMENT TO THIS BOARD ASKING FOR THE RECOMMENDATION TO COME
FORWARD SO TT MAY BE CONSIDERED DURING BUDGET SESSION.
' M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
Page 31.
April 17, 1984
April 77, 1984
CLOSED SESSION: The Board recessed at 2:20 p.m. to hold a closed session.
RECON1lENE: The Board reconvened at 2:84 p.m. following a closed session
regarding litigation. (NO DECTSTONS l~lERE MADE)
------- --- -ADJOURNMENT _ _ __
There being nothing further before the Board at this time, the meeting
was adjourned at 2:35 p.m. to reconvene on Tuesday, April 24, 7984 at
9:00 a.m.
AL SARACENT, Chairman
Butte County Board of Supervisors
ATTEST:
MARTTN J. NTCHOLS, Chief Administrative
Offi er and Clerk of the Board
By
Page 32.
Apri 1 17, 1984