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June 14, 1983
Call to order - The Board of Supervisors room, County Administration
Building, 25 County Center Drive, Oroville, California.
Present: Supervisors Fulton, Moseley, Saraceni and Chair Dolan; Mike
Pyeatt, interim administrative officer; and, Eleanor M. Becker, county
clerk, by Rubye Townsley, deputy clerk.
Absent: Supervisor Wheeler
Pledge of allegiance to the Flag of the United States of America.
Invocation - Supervisor Moseley
83-519 Additional items from Board members to be addressed at the end of the
day : ~.
1. Discussion of waiving first reading of ordinance relative to
Clerk of the Board - Chair Dolan
2. Legislative Alert from CSAC. -- Chair Dolan
3. Letter of resignation from Hugh Santos. - Chair Dolan
4. Request from Chico Chamber of Commerce relative to Health
Awareness Week. - Chair Dolan
5. Procedure relative to CAO. - Chair Dolan
83-520 Items pulled from the consent agenda for separate consideration:
I. Town of Paradise forwards a resolution requesting election concerning
Industrial Development Authority be consolidated with the county's
scheduled election on November 8, 1983. (REMOVED FROM AGENDA
PENDING REPORT AND/OR ACTION BY COUNTY CLERK)
2. Pratt School Mall Company requests county to quitclaim to them an
abandoned alley and portions of Brown Street and Goodspeed Street,
Durham. Public Works recommends approval.
3. PERS contribution - approval of department head PERS contribution
as approved for other employees.
Page 86
' June 14, 1983
,•~ ..
June 14, 1983
83-521 Consent Agenda
(63)
1. Approval of minutes - May 24, June 7 and June 9, 1983. Action
requested: APPROVE MINUTES.
2. Budget transfers. Action requested: APPROVE BUDGET TRANSFERS
B-231, B-233, B-236 and B-237.
3. Penalty abatement requests - change of ownership reports. Action
'requested: APPROVE THE FOLLOWING PENALTY ABATEMENT REQUESTS:
BENNETT ROAD WALNUT ORCHARDS, AP 047-0$-0-034-0; JACK D. WARD,
AP 044-51-0-032-0; NANCY ASUNA, AP 027-27-0-014-0; ED B. PLUMMER,
AP 050-28-0-012-0.
4. May Dunlap - request for variance to X19-10 and/or X19-12 of the
Butte County Code for placement of a mobile home on AP 22-24-124,
1609 Grace Road, Gridley area; zoning: A-5. Action requested:
SET PUBLIC HEARING DATE, JULY 12, 1983, AT 10:00 A.M.
5. Appointment to the Paradise Memorial Hall Committee Marine Corps
League, North Valley Detachment. Action requested: APPOINT
JAMES HAYES, DELEGATE; AND DAVID BLADORN, ALTERNATE, TO SERVE UNTIL
DECEMBER 31, 1983.
6. Revenue Sharing proposed use hearing. Action requested: SET
HEARING FOR JULY 19, 1983, AT 10:00 A.M.
7. Melvin Ike - proposed negative declaration regarding environmental
impact and rezone from "S-R" (suburban residential) and "R-3"
(medium density residential) to "C-1" (light commercial) located
on the north side of West 8th Avenue, approximately 450 feet west
of Meadow Road, identified as AP 43-07-7, 9, 44 and 45, Chico.
Action requested: SET PUBLIC HEARING FOR JULY 19, 1983, AT 10:30 A.M.
8. Robinson Timber - appeals Advisory Agency's environmental impact
report on a proposed parcel map, AP 62-04-205, Oroville Quincy High-
way, three miles north of Bald Rock Road. Action requested: SET
PUBLIC HEARING FOR JULY 19, 1983, AT 11:00 A.M.
9. Claim - in the amount of $2,000,000 alleging violation and infringe-
ment of constitutional and civil rights of William Eugene Vedrine.
Action requested: DENY CLAIM AND REFER TO COUNTY COUNSEL AND RISK
MANAGER.
10. Department of Food and Agriculture - egg and poultry quality contract
for fiscal year 1983-84. State to pay county an amount not to
exceed $1,979 for services rendered. Action requested: APPROVE
CONTRACT.
11. Contract - County of Lake requests secretarial assistance in the
court case People vs. Stanley and has agreed to reimburse the cunty
for actual costs of services. Action requested: APPROVE CONTRACT.
12. Family Planning contract renewal - July 1, 1983, through December 31,
1983 - county to be reimbursed for contraceptive services -
$34,000. Action requested: APPROVE AGREEMENT, ACCEPT REVENUE OF
$34,000.
13. Butte County Overall Economic Development Corporation interim funding
for the period July 1 through September 30, 1983, in the amount of
$20,000. Action requested: AUTHORIZE CONTRACT AMENDMENT.
Page 87
June 14, 1983
June 14, 1983
14. Library Trust Fund - in accordance with Government Code X25355
acceptance of a donation o£ $100 £rom Soroptimist International,
Chico; $140 from Jackie Long, Cohasset; $300 from Friends of the
Library, Paradise; and $100 from Fane11 and Margaret Madsen, Chico.
Action requested: ACCEPT DONATION TO TRUST FUND.
15. Advisory Board travel reimbursement. Action requested: AUTHORIZE
REIMBURSEMENT OF TRAVEL EXPENSES FOR MEMBERS OF THE ALCOHOL ADVI-
SORY BOARD AND DRUG ABUSE COMMITTEE.
16. State Board of Equalization recommended abatements. Action
requested: ACCEPT RECOMMENDATIONS CONTAINED IN STATE BOARD OF
EQUALIZATION LETTER OF JUNE 1, 1983, AND ACCEPT SUBSEQUENT RECOM-
MENDATIONS BY THE STATE BOARD OF EQUALIZATION.
17. Resolutions establishing appropriations limit for the County of
Butte and special districts under the Board's control for fiscal
year 1983-84. Action requested: ADOPT RESOLUTION 83-98 AND:.
RESOLUTION 83-99.
18. Resolution agreeing to property tax split with City of Chico
for the Columbus Avenue Annexation District No. 4. Action requested:
ADOPT RESOLUTION 83-100.
19. CSA No. 88 formation - Douglas Geyer Construction, Inc., has
submitted a petition requesting the formation of a county service
area for drainage. LAFCo has approved the formation and authorizes
the Board to proceed without public hearing. Action requested:
ADOPT RESOLUTION 83-101 APPROVING THE FORMATION OF COUNTY SERVICE
AREA NO. 88.
20. Authorize submittal of preapplication to the Economic Development
Administration in the amount of $4 million by the Sheriff-Coroner.
Grant requires no match. Action requested: AUTHORIZE SUBMITTAL
OF PREAPPLICATION AND AUTHORIZE ADMINISTRATIVE OFFICER TO SIGN
GRANT DOCUMENTS AS REQUIRED.
21. Midway channelization at Oroville-Chico Highway, Project No.
26311-82-1. All work completed. Action requested: ACCEPT
PROJECT AND FILE NOTICE OF COMPLETION.
22. Monte Vista Avenue - request closure on June 19, 1983, for soap
box derby. Public Works recommends closure. Action requested:
AUTHORIZE CLOSING MONTE VISTA AVENUE ALL DAY ON JUNE 19, 1983,
FOR SOAP BOX DERBY.
23. County Service Area No. 34 - swimming pool agreement with Butte
County Fair Association. Action requested: AUTHORIZE EXTENSION
OF AGREEMENT TO JUNE 30, 1984.
MOTION: TO APPROVE CONSENT AGENDA WITH CHANGES AND DELETIONS.
S M
VOTE: l Y 2 Y 3 A 4 Y 5 Y (Motion carried)
83-522 Pratt School Mall Company requests county to quitclaim to them an abandoned
(118) alley and. portions of Brown Street and Goodspeed- Street, Durham. Public
Works recommends approval. (CONTINUED TO JUNE 21, 1983)
83-523 PERS contribution - approval of department head PERS contribution
(132) as approved for other employees.
Page 88
June 14, 1983
June 14, 1983
MOTION: FOR THE ACTION REQUESTED.
S M
VOTE: 1 N 2 Y 3 A 4 N 5 Y (Motion failed}
(CONTINUED UNTIL A FULL BOARD IS PRESENT)
Regular Agenda
83-524 Discussion of reconsideration of abandonment of a building setback
(532) easement {recreational easement) John Bozoky, Paradise Pines Country
Club Estates, No. 3, Lot 137.
MOTION: TO RESCIND ACTION ON THE ABANDONMENT OF RECREATIONAL EASEMENT,
JOHN BOZOKY, PARADISE PINES COUNTRY CLUB ESTATES, NO. 3,
LOT 137.
M 5
VOTE: l Y 2 Y 3 A 4 Y S Y (Motion carried)
83-525 Energy regulation fee schedule - the Director of Public Works requests
(618) establishment of fees to cover the cost of new energy regulations. The
Director recommends minimum fees of $15 for plan checking and $30 for
inspection with additional fees to be charged on an hourly rate..
MOTION: TO ADOPT RESOLUTION 83-102, ESTABL25HING FEE SCHEDULE.
M S
VOTE: l Y 2 Y 3 A 4 Y 5 Y (Motion carried)
83--526 Appointments to the Assessment Appeals Board. Action requested:
(668) APPOINT THREE MEMBERS TO SERVE TERMS EXPIRING JUNE 5, 1984, JUNE 3,
1985, AND JUNE 2, 1986. (SUPERVISORS FULTON AND SARACENI TO BRING
BACK RECOMMENDATIONS ON JUNE 21, 1983)
83-527 Board committee recommendations for Private Industry Council appoint-
(720) meets. Action requested: MAKE APPOINTMENTS AS PRESENTED.
MOTION: TO APPROVE APPOINTMENTS TO THE P.T.C. AS OUTLINED BY
SUPERVISORS FULTON AND WHEELER IN THEIR MEMO DATED
JUNE 8, 1983, EXCEPT FOR LEAVING THE 'OTHER' CLASSIFICATION
UNASSIGNED AT THIS POINT, AND TO RECOMMEND TO P.I.C. THAT
A SYSTEM OF INVOLVEMENT BE DEVELOPED SO THAT ALL WHO APPLIED
TO BE ON THE P.I.C. CAN BE INVOLVED WITH PROGRAMS.
S M
VOTE: l Y 2 Y 3 A 4 Y 5 Y (Motion carried)
83-528 Consideration of providing notice of contract nonrenewal to public
(1324) defender firms. (CONTINUED TO JUNE 21; 1983)
83-529 Discussion of drainage service area for the Nord area.
(1432)
MOTION: THAT THE BOARD APPLY TO LAFCO FOR THE FORMATION OF A COUNTY
SERVICE AREA FOR DRAINAGE MAINTENANCE FOR THE AREA WEST
OF HIGHWAY 99 AND BETWEEN ROCK AND MUD CREEP„ ADOPTING
RESOLUTION 83-103.
M S
VOTE: l Y 2 Y 3 A 4 Y 5 Y (Motion carried)
Page 89 June 14, 1983
June 14, 1983
RECESS: 9:58 A.M.
RECONVENE: 10:22 A.M.
Public Hearings & Timed Items
83-530 Continued public hearing - TeleNational Communications request for
(1525) cable television franchise in the Durham area.
MOTION: THAT WE ADOPT RESOLUTION 83-104 AND AUTHORIZE CHAIR TO
SIGN AGREEMENT ISSUING A NON-EXCLUSIVE FRANCHISE TO
TELENATIONAL INVESTMENT CORPORATION FOR THE DURHAM AREA.
S M
VOTE: l Y 2 Y 3 A 4 Y 5 Y (Motion carried)
53-531 Communications
(1800)
1. Butte County Farm Bureau - writes in support of an open range
ordinance. {REFERRED TO OPEN RANGE COMMITTEE)
2. California State University. Chico - Paul Karlstrom, coordinator,
Disabled Student Services, requests Board opposition to
Assembly Bill 1873. (CONTINUED. MORE INFORMATION REQUESTED)
Public Hearings and Timed Items
83-532 Michael Pierce and Francis Costello - appeal of Advisory Agency's
(1832) requirement for EIR, AP 28-17-95, four parcels on the southwest corner
of Stoney Oaks Loop and Stoney Oaks Boulevard, Swedes Flat area.
(CONTINUED TO JULY 19, 1983, AT 11:30 A.M.)
83-533 Additional items from Board members to be addressed:
(1918)
1. A request to waive the first reading of an ordinance relative
to the Board appointing the Chief Administrative Officer as
Clerk of the Board of Supervisors. - Chair Dolan.
MOTION: TO WAIVE THE FIRST READING OF THE ORDINANCE, AS REQUESTED.
S M
VOTE: l Y 2 Y 3 A 4 Y 5 Y (Motion carried)
2. Legislative Alert received from CSAC urging opposition to
earmarking of accelerated property tax revenues. - Chair Dolan
MOTION: THAT WE IMMEDIATELY CONTACT MEMBERS OF CONFERENCE COMMITTEE
TO OPPOSE EARMARKING ACCELERATED PROPERTY TAX REVENUE FOR
SCHOOLS AND THAT COUNTIES BE ALLOWED TO RETAIN UP TO 10$
TO COVER ADDITIONAL ADMINISTRATIVE COSTS.
S M
VOTE: l Y 2 Y 3 A 4 Y 5 Y (Motion carried)
Page 90
June 14, 1983
June 14, 1983
3. Announcement that Hugh Santos had resigned from Agricultural Advisory
Commission. (NOTICE OF VACANCY TO BE POSTED AND LETTER OF THANKS
DIRECTED TO BE SENT TO MR. SANTOS)- Chair Dolan
4. Chico Chambers of Commerce has requested that the Board adopt .
a resolution naming June 27 through July 1 as Chico Health Awareness
Week. - Chair Dolan
MOTION: TO ADOPT RESOLUTION 83-105 PROCLAIMING THE WEEK OF JUNE 27
THROUGH JULY 1 AS CHICO HEALTH AWARENESS WEEK.
S M
VOTE: 1 X 2 Y 3 A 4 Y 5 Y (Motion carried)
CLOSED SESSION: The Board recessed at 10:45 a.m. fox a closed session.
RECONVENE: The Board reconvened at 11:32 a.m. following a closed session
on litigation. (NO ANNOUNCEMENTS MADE)
Public Hearings & Timed Ttems
83-534 Recognition of persons wishing to speak:
(2330)
1. Dan Hays - requesting waiver of fees on map. {MATTER TO BE
ADDRESSED LATER IN THE MEETING)
2. James Rackerby - requesting an additional appropriation of $3,000
for judge's fees in the Scofield hearing.
MOTION: TO EXTEND CONTRACT WITH JUDGE AND AUTHORIZE AN ADDITIONAL
$3,000.
S M
VOTE: l Y 2 Y 3 A 4 Y S Y (Motion carried)
83-535 Additional items by Board members to be addressed:
(2SS9)
4. Procedure relative to CAO. Recommendation to continue designation
of Mike Pyeatt as Acting Administrative Officer until Chief Adminis-
trative Officer position is filled.- Chair Dolan
MOTION: FOR THE ACTION REQUESTED.
M S
VOTE: l Y 2 Y 3 A 4 Y 5 Y (Motion carried)
RECESS: 11:38 A.M.
RECONVENE: 11:47 A.M.
Public Hearing & Timed Items
83-536 Recognition of persons wishing to speak:
2700)
1. Dan Hays (continued from earlier in the meeting.)
MOTION: THAT THE FEES FOR THE RE-SUBMITTAL OF THE MAP BE ESTABLISHED
SUCH THAT COUNTY COSTS ARE COVERED.
S M
VOTE: l Y 2 Y 3 A 4 Y 5 Y (Motion Carried)
:_ Page 91
June 14, 1983
June 14, 1983
RECESS: BECAUSE COUNTY COUNSEL WAS NOT AVAILABLE FOR A CLOSED SESSION,
THE MEETING WAS CONTTNUED UNTIL JUNE 15, 1983, FOLLOWING THE
BCAG MEETING.
*:tt****:t**:t*****:t*****,t***June 15, 1983x*~r***~**~r**,~********,r,r:r**:r*****
RECONVENE: The Board reconvened at 10:05 a.m. on June 15, 1983.
CLOSED SESSION: The Board recessed at 10:06 a.m. for a closed session.
RECONVENE: The Board reconvened at 10:37 a.m. following a closed
session on litigation. (NO ANNOUNCEMENTS MADE)
ADJOURNMENT: There being nothing further before the Board at this
time the meeting was adjourned at 10:37 a.m.
Board of Supervisors
ATTEST: ELEANOR M. BECKER, CO CLE /RECORDER
an e -officio Clerk to the
B ounty Board f Super 'sors
By: ~
Page 92
June 14, 1983