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HomeMy WebLinkAboutM061984June 19, 1984 Call to order - Board of Supervisors Room, County Administration Building, 25 County Center Drive, Oroville. Present: Supervisors Dolan, Fulton, Moseley, Wheeler and Chairman Saraceni; Martin J. Nichols, chief administrative officer; Del 5iemsen, county counsel; and Rubye.Townsley, deputy clerk of the Board. Pledge of allegiance to the Flag of the United States of America. Invocation - A moment of silence was observed in honor of County Assessor Ed Brown, who suffered a fatal heart attack aver the weekend, followed by invocation by Chairman Saraceni. 84-495 Additional items from Board members to be discussed at the end of the day: 1. Supervisor Wheeler would like to discuss a meeting with State Transportation Commissioner. 2. Chairman .Saraceni requested a report on the Assessor's Office. (MR NICHOLS GAVE A BRIEF REPORT, INDICATING THAT ACCORDING TO GOVERNMENT CODE SECTION 24105, IF THE ASSESSOR'S OFFICE TS VACANT, THE DUTIES OF SUCH OFFICE MAX BE DISCHARGED BY ASSISTANT UNTIL AN APPOINTMENT OF A SUCCESSOR. MR. LARRY LEACH, ASSISTANT ASSESSOR, REPORTED THAT THE OFFICE TS FUNCTIONAL AND REQUESTED A TIMELY APPOINTMENT OF A NEW ASSESSOR.) Motion: ACCEPT REPORT AND ALSO AT THIS TIME, SINCE MR. BROWN HAD NAMED MR. LEACH AS HIS ASSISTANT, TO APPOINT MR. LEACH AS THE~ASSESSOR. M Vote : 1 2 3 4 5 (A REQUEST WAS MADE TO SEPARATE THE MOTION) Motion: ACCEPT THE REPORT FROM MR. LEACH AND COUNTY COUNSEL. S M Vote: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried) Page 13.3 June 19, 19$4 June 19, 1984 84-495 Motion: APPOINT MR. LEACH A5 THE ASSESSOR. (Cont'd) S t''i Vote: 1 N 2 Y 3 N 4 N 5 Y (Motion failed) Motion: DIRECT ADMINISTRATIVE OFFICE AND COUNTY COUNSEL TO BEGIN DEVELOP A PROCEDURE WHEREBY WE CAN MAKE AN APPROPRIATE APPOINTMENT. S M Vate: I Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried) 84-496 Items removed from the Consent Agenda for separate consideration: (280) 1. Bill Cottingham - an behalf of South Fork Developers, appeals the Planning Department's requirement for a supplement to an environmental impact report for a General Plan Amendment from orchard and field crop to agricultural-residential on property zoned A-2 located on the east side of Midway at Mary Bill Ranch Road, identified as AP 40-02-116, two miles south of Chico, 2. Cogeneration power plant application - an application has been prepared to CSAC and the California Energy Commission requesting participation in the Public/Private Energy Partnership Program for a cogeneration power plan in the county which could save $138,060 per year in present utility casts. g4~-4g7 Consent Agenda (331) 1. Amendment to June 5, 1984, minutes. Action requested: AMEND MINUTE ORDERS 84-856 AND 84-459 AS RECOMMENDED BY CHIEF ADMINISTRATTVE OFFICER TN LETTERS DATED JUNE 13 AND JUNE 14, 1984. 2. Approval of minutes - June l2, 1984. Action requested; APPROVE MINUTES, AMENDING MINUTE ORDERS 84-482 AND 84-488 AS RECOMMENDED BY THE CHIEF ADMINISTRATIVE OFFICER IN LETTERS DATED JUNE 13 AND JUNE 14, 1984. 3. Budget transfers. Action requested: APPROVE BUDGET TRANSFERS B-270, 8-273, B--274, 5-275, 8-276, 8-277, 8-278, B-280 AND 8-281. 4, Certificate of Appreciation - Barry Dyer, chairman of the Butte County Coordinating Council on Developmental Disabilities. Action requested: APPROVE CERTIFICATE OF APPRECIATION AND AUTHORIZE THE CHAIRMAN TO SIGN. Page 114 June 19, 1984 June 19, 1984 84-497 5. R. H. Skillin - proposed negative declaration regarding environ- (Cont'd) mental impact and rezone from A-20 and 40 (agricultural 20 and 40 acre parcels) to A-5 (agricultural - 5 acre parcels) located on the east and west side of Stanford Road at the Sacramento Northern Railroad right-of-way, identified as AP 39-19-04, 5, 6, 1$, 29, 30, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, and 47, Durham. Action requested: SET PUBLIC HEARING DATE FOR JULY 17, 19$4, AT 10:15 A.M. 6. Geddis, Christofferson, and Lenhardt - an behalf of Robert Stout, appeals the Planning Commission's denial of a use permit to allow the segregation of a two-acre homesite in an agricultural zone and variance to minimum parcel size standards (item on which a negative declaration regarding environmental impact has been recommended} on property zoned A-40 (agricultural - 40 acre parcels) located between Evans-Reimer Road and Higgins Avenue, 1000 feet west o~ Larkin Road, identified as AP 24-I5-2 and 24-15-65, Gridley area. Action requested: SET PUBLIC HEARING DATE OF JULY 17, 1984, AT 10:30 A.M. 7. John Dunbar - appeal of the Advisory Agency's Condition No. 9 (provide permanent solution for drainage] on a tentative parcel map, AP 42-03-43, three parcels, property located on the north side of the intersection of Alamo Avenue and Rebecca Court, Chico area. Action requested: SET PUBLIC HEARING DATE FOR JULY 3, 1984, AT I:45 P.M. 8. Appointments to the Paradise Cemetery District. Action requested: APPOINT WILLIAM CRAM AND STAN CLEWETT TO SERVE UNTIL JULY, 198$. 9. W. Howard Wells, attorney at law ~- on behalf of Stanley Deen and Jules and Edna L. Krentz, submits a claim in the amount of $200,000 related to the action of Debbie Lind vs. L & L Hydraulics, et al (Butte County Superior Court No. 83162}. Action requested: DENY CLAIM AND REFER TO COUNTY COUNSEL AND RISK MANAGEMENT COORDINATOR. 10. Declaration of surplus property - the Purchasing Officer has compiled a list of surplus county property that is obsolete, beyond economical repair or has no further use by county departments, to be sold at an auction to be hall June 23 at 10:00 a.m. in the Public works yard. Action requested: DECLARE ITEMS SURPLUS AS IDENTIFIED BY THE PURCHASING OFFICER AND AUTHORIZE SALE AT PUBLIC AUCTION. Page 115 June 19, 1984 June 19, 1984 84-497 11. Automatic microfilm retrieval system - Recorder's Office - F3oard {Cont'd) authorization is necessary to purchase the follaaing equipment: microfilm camera with stand, $6,500;; microfilm reader/printer, .$10,500; automatic retrieval controller, $3,500; three cartridge film readers, $5,D00; three jacket film readers, $1,000; film splicer and accessories, $3,00D; reduction and conversion of existing microfilm from 35mm to 16mm, $26,00D; miscellaneous sugplies, $2,000; and equipment maintenance, $2,500. Budget transfer 8-275 has been prepared to provide the necessary appropriation.. Action requested: AUTHORIZE ACQUISITION OF EQUIPMENT, SERVICES AND SUPPLIES. 12. Typewriter - Assessor's Office -the Assessor requests authorization to purchase an additional electric typewriter from funding available in the present fiscal year. Action requested: AUTHORIZE ACQUISITION OF TYPEWRITER. 13. Miscellaneous equipment - Sheriff - Board authorization is necessary to cover the cast of a half-ton van, microcomputer/word processor, VCR 8-hour tape playback with color monitor and a slide projector with cassette play capability for the Community Crime Prevention Grant; a 35 mm camera, with lens, and a color video camera for the Student Drug Abuse Prevention Program; and rescue breathing apparatus for the jail. Budget transfer B-277, 8-280 and 8--281 have been prepared to provide the necessary appropriations. Action requested: AUTHORIZE ACQUISITION OF EQUIPMENT. 14. Salary ordinance - ordinance adding community service officer and typist clerk III to the Sheriff's Crime Prevention Grant. Action requested: WAIVE THE SECOND READING AND ADOPT ORDINANCE 2408. 15. Bid opening - Midway Pavement Overlay, Project No. 26311-84-1. Action requested: AWARD CONTRACT TO ROBTNSON CONSTRUCTION COMPANX FOR THE LOW BID OF $168,144.80. 16. Ordinance establishing speed limit - Public Works has completed a traffic study on Entler Avenue and recommends it be speed zoned for 35 mph. Action requested: WAIVE THE SECOND RARING AND ADOPT ORDINANCE 2409. 17. Ordinance to amend Chapter 19 of the Butte County Code relating to sewage disposal. Action requested: WAIVE THE SECOND READING AND ADOPT ORDINANCE 2410. Page lib June 19, 1984 June 19. 1984 84-497, 18. Approval of plans and specifications - Midway Bridge @ Ash Creek, (Cont'd) Bridge Replacement Project No. ERRS-Y761(3) - plans and speci- fications have been completed for the budgeted project. Action requested: APPROVE PLANS AND SPECIFICATIONS; AUTHORIZE THE CHAIRMAN AND ACTING DIRECTOR OF PUBLIC WORKS TO SIGN THE PLANS; ADOPT WAGE SCALE; AND SET THE BID OPENING FOR JULY 12, 19$4, AT 11:00 A.M. IN THE PUBLIC WORKS OFFICE. 19. Paradise Bluffs Assessment District No, 1 - Lippincott-Guth Associates have incurred additional expenses designing utility trenching for the above-mentioned project and have requested $2,976.50 in compensation. Action requested: ADOPT RESOLUTION 84-102 AUTHORIZING ADDITIONAL ENGINEERING FEES FOR PARADISE BLUFFS ASSESSMENT DISTRICT N0, 1. 20, Amendment No. 1 - agreement for transportation services in the Paradise urban area for handicapped citizens and senior citizens - Public Works will receive $3,700 for continuing to provide administrative services to the Town of Paradise during 1984/85 relative to the Paradise Express which is a continuation of the service provided the town since 1979. Action requested: AUTHORIZE THE CHAIRMAN TO SIGN THE AMENDMENT. 21. Report to the Board on erosion along the old railroad right-of-way used for drainage purposes, known as "Thermalito Cavern." Action requested: AUTHORIZE INSTALLATION OF SEVEN SIGNS ALERTING THE PUBLIC NOT TO TRESPASS AT AN ESTIMATED COST OF $300 WHICH WOULD BE A CHARGE AGAINST THE COUNTY'S GENERAL FUND. 22. Gridley Library Landscape Maintenance Agreement - an agreement has been prepared with the City of Gridley for the city to provide landscape maintenance at the Gridley Library for a one-year period from May 15, 1984, amounting to four hours per month. Action requested: APPROVE AGREEMENT AND AUTHORIZE THE CHAIRMAN TO SIGN. 23. Tax and Revenue Anticipation Notes for 1984-85 - a resolution has been prepared authorizing the issuance of Tax and Revenue Anticipation Notes to pay the 1984-85 operating expenses and other obligations of the county, providing for the payment of such notes, and making other determinations in connection therewith, Action requested: ADOPT RESOLUTION 84-103 AND AUTHORIZE THE CHAIRMAN TO SIGN. Page 117 June 19, 1984 June 19, 1984 84-497 24. Childrens Home Society Contract - a renegotiated agreement (from (Cont'd) September 20, 1983) has been prepared covering the period July 1, 1983, through June 30, 1984, covering youth treatment outpatient- , services in the maximum amount of $21,912 for 332 estimated units of service at $66.00 per unit and youth treatment services at Cornerstone for a maximum contract amount of $33,015 for 382 estimated units of service at $86.43 per unit. Action requested: RESCIND ACTION OF SEPTEMBER 20, 1983, APPROVING AMENDMENT TO THE CHILDRENS HOME SOCIETY C+~NTRACT AND APPROVE THE RENEGOTIATED CONTRACT, AUTHORIZING THE CHAIRMAN TO SIGN. 25. Weatherization Contract - California Office of Economic Opportunity - Contract 84-852-605 has been prepared in the amount of $20,000 to weatherize a minimum of 26 low-income homes between June 1, 1984, and September 30, 1984. Action requested: ACCEPT CONTRACT AS SUBMITTED AND AUTHORIZE THE CHAIRMAN TO SIGN. 26. Amendment No. 2 - Foad Sank Expansion Grant Contract 83-812-1006 - the amendment transfers funds within various budget units which also covers the purchase of refrigeration equipment in the amount of $2,300. Action requested: APPROVE CONTRACT AMENDMENT AND AUTHORIZE THE CHAIRMAN TO SIGN. 27. Amendment No. l to Contract 83-846-307 - the amendment covers weatherization of a minimum of 224 low-income homes between July 1, 1984, and December 31, 1984, and is in the amount of $118,000. Action requested: APPROVE CONTRACT AMENDMENT AND AUTHORIZE THE CHAIRMAN TO SIGN. 29. Communications. a. Bob Walters, Chaco - requests a refund of $289 of the fee gaid for variance to septic requirements. Action requested: REFER TO ENVIRONMENTAL HEALTH AND PUBLIC WORKS k'OR A RECOMMENDATION. b. Dennis K. Ragain - Lassen Investors No. 1 - appeals the requirement of the Planning Department for an environmental impact report on condominium tentative subdivision, AP 44-21-39, ane parcel, with 20 units, property located approximately 250 feet southwest of the intersection of Lassen Avenue and E1 Paso Way, Chico area. Action requested: REFER TO PLANNING DEPARTMENT AS APPLICANT MUST FIRST APPEAL TO THE ADVISORY AGENCY. c, State Department of Transportation - sends notification initiating studies for widening of State Highway Route 99 from Live Oak city limits to East Biggs Road (3 miles north of the City of Gridley), requesting comments. Action requested: REFER TO PUBLIC WORKS AND PLANNING DEPARTMENT FOR RESPONSE. Page 118 June 19, 1984 June 19, 1984 84-497 29. Communications (continued) (Cant'd) d. Governor's Office of Local Government Affairs - forwards elements of interest to the Sacramento Valley in the administration water legislation package contained in the Governor's water program. Action requested: REFER TO WATER COMMISSION. e. Governor's Office -- forwards the Governor's proclamation pursuant to the provisions of Election Code Section 2553 declaring the General Election to be held November 6, 1984. Action requested: REFER TD COUNTY CLERIC . Motion: APPROVE CONSENT AGENDA S M Vote: l Y 2 Y 3 -Y 4 Y 5 Y (Unanimously carried) Regular Agenda 84-498 Bill Cottingham - on behalf of South Fork Developers, appeals the (319} Planning Department's requirement for a supplement to an environ- mental impact report for a General Plan Amendment from orchard and field crop to agricultural-residential on property zoned A-2 located on the east side of Midway at Mary Bill Ranch Road, identified as AP 40-02-116, two miles south of Chico. Motion: THE APPEAL BY THE SOUTH FORIC DEVELOPERS OF THE STAFF DETER- MINATION THAT AN ETR SUPPLEMENT IS REQUIRED FOR THE APPLICANT'S GENERAL PLAN AMENDMENT APPLICATION SHALL BE HEARD BY THE BOARD AT ITS REGULAR MEETING ON JUNE 26, AND THAT THE STAFF BE DIRECTED TD COMPLETE THE INITIAL ENVIRONMENTAL CHECIC LIST FORM FOR THE APPLICAN'T'S PUD REZONE AND SUBDIVISION APPLICATION BY JUNE 21ST, AND IF STAFF DETERMINES THAT AN EIR SUPPLEMENT OR OTHER SIMILAR ADDITIONAL DOCUMENT IS REQUIRED FOR THE PUD REZONE AND SUBDIVISION APPLICATION THEN THE BOARD SHALL REVIEW 'THAT DETERMINATION AT THE HEARING ON JUNE 26 AND THAT THE HEARING ON JUNE 26 BE DULY NOTICED IN ACCORDANCE WITH THE COUNTY ENVIRONMENTAL REVIEW GUIDELINES BY MAILED NOTICE TO ALL INTERESTED PERSONS IDENTIFIED ON THE COUNTY'S MAILfING LIST, AND THAT SUCH NOTICE SHALL INDICATE THAT THE ABOVE SUBJECTS WILL BE DISCUSSED AND ACTED UPON. THE REASON T AM ASKING FOR THIS TO BE SENT OUT DIRECTLY TO THE INDIVIDUALS IS BECAUSE EVER SO OFTEN WE COME UP WITH SOMEBODY WHO SAYS, 'WE WEREiQ'T NOTIFIED-' AND WE ARE WORTrGING ON A TIME LINE FOR THIS. S M Vote: l 2 3 4 5 Page 119 June 19, 1984 June 19, 1984 84-498 (DISCUSSION HELD CONCERNING THE PUBLIC HEARING DATE AND WHE'T'HER THERE (Cont'd) WAS ADEQUATE TIME FOR NOTIFICATION. FiETTYE KIRCHER, PLANNING DIRECTOR REQUESTED CLARIFICATION OF THAT PORTION OF THE MOTION DIRECTING .STAFF TO COMPLETE THE INITITIAL STUDIES.) Alternative motion: SET PUBLIC HEARING DATE FOR JULY 3RD FOR THE APPEAL OF THE REQUIREMENT FOR A SUPPLEMENTAL EIR. M 5 Vote: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried) (SUPERVISOR MOSELEY TO MEET WITH MRS. KIRCHER AND COUNTY COUNSEL TO DETERMINE IF THE APPLICATION AND SPECIFIC PLAN IS COMPLETE AND TO BRING THIS BACK BEFORE THE MEETING IS OVER.) $4-499 ~ Cogeneration power plant application - an application has been (804) prepared to CSAC and the California Energy Commission requesting participation in the- Public/Private Energy Partnership Program for a cogeneration power plant in the county which could save X138,000 per year in present utility costs. Motion: AUTHORIZE SUBMITTAL OF APPLICATION. M S Vote: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried) 84-500 Report from Administrative Officer and County Counsel - proposed (970} resolution suggested by Butte County Citizens for Decency through Law. (from 5/22/84) (IT WAS THE RECOMMENDATION OF THE CHIEF ~` ADMINISTRATIVE OFFICER THAT FOR REASDNS OF UNENFORCABILITY AND POTENTIAL LIABILITY TO THE COUNTY THAT BOTH NUISANCE ORDINANCE AND ZONING ORDINANCE BE REPEALED. SUPERVISORS DOLAN AND WHEELER TO WORK WITH TERESA MOSER~ AND ANOTHER REPRESENTATIVE OF THE CITIZENS FOR DECENCY' THROUGH LAW TO WORK ON THE WORDING OF THE ORDINANCE TO MAKE IT ENFORCEABLE.) .84-501 Report from Chief Administrative Officer regarding Regional Water (1474} Quality Control hearing on nitrate study. Motion: DESIGNATE SUPERVISORS DOLAN AND WHEELER TO REPRESENT COUNTY AT MEETING ON JUNE 22, IN CHTCO. M S Vote: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried) Page 120 June 19, 1984 June 19, 1984 84--502 Report from Supervisors' Committee on selection procedure far a new Superintendent of Schaals Matian: APPROVE RECOMMENDATIONS AS OUTLINED TN LETTER TO THE BOARD FROM SUPERVISORS WHEELER AND MDSELEY, BATED JUNE 14, 2.984. S M Vote: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried) Motion: DIRECT COUNTY COUNSEL AND ADMINISTRATIVE STAFF TO AUTHOR A PIECE OF LEGISLATION FOR THE BALLOT IN NOVEMBER TO CHANGE THE CHARTER TO READ THAT THE POWER TO APPOINT A NEW SUPERINTENDENT WOULD BE TRANSFERRED TO THE BOARD OF EDUCATION. S M Vote: l Y 2 Y 3 Y 4 Y 5 Y (Unanimous~.y carried) (CHAIRMAN 5ARACEN2 APPOINTED SUPERVISORS MDSELEY AND WHEELER TO CONTINUE ON THE COMMITTEE TO SELECT A NEW SUPERIN'T'ENDENT.) RECESS: 9:58 a.m. RECONVENE: 10:12 a.m. 84-503 Consideration of Butte County Grand Jury interim report regarding (2.724) salaries and mileage reimbursement. (MR. NICHOLS RECOMMENDED THAT THE BOARD RECEIVE THIS REPORT AND THANK THE GRAND JURY.' DEFER ANY ACTION ON B0~1RD MEMBERS' SALARIES UNTIL SUCH TIME SALARIES FOR ALL EMPLOYEES ARE CONSIDERED. ALLOW ADMINISTRATIVE OFFICER AND PERSONNEL DIRECTOR TO T7O A COMPARISON STUDY OF DEPARTMENT HEADS' SALARIES.) Motion: FOR THE ACTION AS REQUESTED BY ADMINISTRATIVE STAFF AND THE DIRECTION THEY ARE SEEKING AND TO THANK THE GRAND JURY FOR THE DILIGENCE BY WHICH THEY' BROUGHT THIS FORWARD TO THE BOARD OF SUPERVISORS. M S Vote: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried) Public Hearings and Timed Items 84-504 Housing Element update -- proposed negative declaration regarding (1875) environmental review. Page 121. June l9, 1984 June 19, 1984 84-504 Motion: ADOPT THE NEGATIVE DECLARATION, BECAUSE WE HAVE REVIEWED (Cont'd} THE DOCUMENTS PERTINENT TO THAT, AND TO APPROVE THE HOUSING ELEMENT UPDATE AS PREPARED BY PLANNING DEPARTMENT AND APPROVED BY BCAG, ADOPTING RESOT,UTION 84-104. M S Vote: l Y 2 Y 3 Y 4 Y S Y (Unanimously carried) (CONCERNS EXPRESSED BY THE CITIES OF GRIDT,EY AND CHICO":.REFERRED TO T'HE PLANNING DEPARTMENT, AS TO HOW IT CAN BE DONE, AND WHAT TIME FRAME.) 84-505 Determination that a proposed storage reservoir and irrigation area (2369} for the disposal of treated water from a sewage treatment plant for the Lime Saddle Ridge Estates PUD, AP 41-03-115, is compatible with the LCA grazing contract for the Casey Ranch, AP 41-03-46 and with uses for Agricultural Preserve No. 9 Motion: FIND THAT THE STORAGE RESERVOIRS AND IRRIGATION AREAS FOR THE DISPOSAL OF TREA'T'ED WATER FROM SEWAGE TREATMENT PLANTS ARE COMPATIBLE USES WITHIN ANY AGRICULTURAL PRESERVE OF THE COUNTY OF BUTTE AS WELL AS WITH ANY LAND CONSERVATION AGREEMENT FOR ORCHARDS, FIELD CROPS, OR GRAZING PURPOSES. S M Vote: 1 X 2 Y 3 Y 4 Y 5 Y (Unanimously carried} Regular Agenda 84-506 Consideration of We11 Construction Standards Committee - proposed (2860) amendment to Chapter 23B of the Butte County Code regarding water ~~' wells. (from 6/5/84) (MR. VANHART TO WORK WITH COUNTY COUNSEL ON .. 00 ORDINANCE AND BRING BACK JUNE 26, 1984) Public Hearings and Timed Items 84-507 Barnhart-Brown & Associates - the engineers appeal Condition No. 3 (104} {requirement for SC-2S0 prime coat which is a requirement of the RS-7A Road Standard) for Cynthiann Tentative Subdivision. AP 27-07- 59, six parcels, property located approximately one-half mile north of the intersection of Bohemia Avenue and Cynthiann Lane, Oroville area. (HEARING CONTINUED TO JULY 17, 1984,, AT 10:45. ROAD STANDARD REQUIREMENT REFERRED TO LAND DEVELOPMENT :STUDY COMMISSION FOR A REVTE4d AND RECQMMENDATION.) Page 122 June 19, 1984 June 19. 19$4 84-508 Recognition of persons wishing to speak: (460} 1. Bill Houston - concerning medical bi11s. 2. Frank Brazzell - concerning the well drilling ordinance. 3. Bill Cheff - reporting a request to close Monte Vista Avenue for the Soap Box Derby this Sunday. Motion: APPROVE, AND FOR DERBY OFFICIALS TO WORK WITH PUBLIC WORKS AS FAR AS SIGNING •TS CONCERNED. M S Vote: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried} 4. Bill Cheff - reporting a request to close Larkin Road from 10:00 to 11:30 a.m. on July 14th and 15th. Motion: APPROVE CLOSING OF LARKIN ROAD FROM 10:00 A.M. TO 11:30 A.M., SATURDAY, JULY 14, AND SUNDAY, JULY 15, SUBJECT' TO 'T'HEM TNSfiALLING PROPER BARRICADES AND SIGNING, WITH FLAGMEN, AT THE INTERSECTION OF LARKIN ROAD AND HAMILTON ROAD, AND AT THE INTERSECTION OF LARKTN ROAD AND STATE HIGHWAY 162 AND THAT THEY PROVIDE A MEANS FOR EMERGENCY VEHICLES TO GET THROUGH IF NEEDED. S M Vote: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried) 84-509 General Assistance Fair Hearing - Case No. 04-90-54823. (996} Motion: DENY APPEAL, BECAUSE APPELLANT FAILED TO APPEAR. 5 M Vote: 1 Y 2 Y 3 Y 4 Y 5 Y {Unanimously carried) Regular Agenda 84-510 Discussion of initiating a rezone of property located on East Avenue (902 (from Highway 99 Freeway to Hooker Oak Park} as it was the consensus of the Planning Commission to respond that the project has been referred to a subcommittee consisting of Commissioners Vercruse and Lambert. (CONTINUED TO JUNE 26, 1984} Page 123 June 19, 1984 June 19, 1984 84-511 Consideration of Superior California Water Association proposed (996) water policy (Supervisor Wheeler). (SUPERVISOR WHEELER SUGGESTED SENDING PROPOSED WATER POLICIES FROM SUPERIOR CALIFORNIA WATER ASSO- CIATION TO OUR WATER COMMISSION, SUPERVISOR FULTON INDICATED THERE ARE THREE. AREAS TO WHICH HE WOULD LIKE FOR.THEM TO PAY CLOSE ATTENTION: (1} WATER STORAGE AND CONVEYANCE FACILITIES - IF THE COMMISSION AGREES WITH THE FIRST SENTENCE THAT MORE .STORAGE FACILITIES ARE NEEDED BASED ON THE LEAKY SYSTEM AND LOSS OF WATER DUE TO VARIOUS REASONS; (2) INSTREAM WATER USES - HAVE INSTREAM USERS HAD MUCH INPUT INTO THIS, AND DO CURRENT METHODS REALLY GIVE ADEQUATE PROTECTION; AND {3) WATER CONSERVATION - SHOULD BE NOTED TN DOCUMENT THAT WE MOVE 12 CUSTC MILES OF WATER ACROSS THE STATE ANNUALLY, 10 FOR AGRICULTURE AND 2 FOR INDUSTRIAL AND DOMESTIC USE. ACCOUNT NEEDS TO BE TAKEN OF THE LEAKY SYSTEM AND POSSIBLE SAVINGS THAT COULD BE MADE IN WATER CONSERVATION.) Motion: FORWARD THIS LOCUMENT FROM THE SUPERIOR WATER ASSOCIATION TO OUR WATER COMMISSION, ALONG WITH COMMENTS THAT HAVE BEEN MADE BY BOARD MEMBERS, AND THAT WE ASK THEM TO OFFICIALLY COMMENT BACK TO US PRIOR TO OUR JULY 3 MEETING SO THAT WE COULD HAVE THAT INFORMATION TO REVIEW, BECAUSE SUPERIOR WATER BOARD MEETS AGAIN ON JULY 11 AND DON HEFFREN, OUR REPRESENTATIVE, HAS INDICATED HE WOULD LIKE A POSITION TO TAKE FORWARD FOR BUTTE COUNTY. M S Vote: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried) (STAFF DIRECTED TO DRAFT SUPERVISOR FULTON'S COMMENTS AND FORWARD TO THE WATER COMMISSION} Clased Hearings 84-512 Bachman & Associates, Chico - on behalf of Ms. Phoebe Gile, appeal (1212) the Advisory Agency's requirement for an environmental impact report on a tentative parcel map, AP 47-26--183 and 184, four parcels, property located approximately 600 feet southeasterly of the irztersectian of Highway 99 and Keefer Road, on the east side of Highway 99, north Chico area. (from 6/12/84) Mation: BASED ON A.LETTER, DATED JUNE 12, 1984, FROM THE CHICO UNIFIED SCHOOL DISTRICT STATING THAT THIS PROJECT WILL NOT HAVE AN ADVERSE IMPACT ON SCHOOLS WITHIN THE DISTRICT, T MOVE TO UPHOLD PHEBE GTLE'S APPEAL OF THE ADVISORY AGENCY'S REQUIREMENT FOR AN ENVIRONMENTAL IMPACT REPORT ON TENTATIVE PARCEL MAP, AP 47-26-183 AND 184, FINDING THAT THE PROJECT WILL NOT HAVE AN ADVERSE IMPACT ON THE ENVIRONMENT. M S Vate: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried) Page 124 June l9, 1984 June 19, 1984 84.-513 R.F.C. Surveyors, Inc. - on behalf of Doe Mill Vineyards, appeals (1250) the Advisory Agency's denial of a tentative parcel map (item far which an environmental impact report has previously been certified), AP 46-71-25, dividing 93.2 acres into four parcels of 20.0 acres each, property located 300 feet south of Wilder Drive, west of Zinfandel Drive, Doe Mill Ridge area. (from ,6/12/84) R.F.C. Surveyors, Inc. - on behalf of Larry Ludwig, appeals the Advisory Agency's denial of a tentative parcel map (item on which a negative declaration of environmental impact has been recommended), AP 51-01-143, three parcels, property located on both sides of Doe Mill Ridge, approximately 800 feet north of Hummer Road, Doe Mill Ridge area. (from 6/12/84) (BO'T`H HEARINGS CONTINUED TO JUNE 26, 1984} 84-514 Additional items to be discussed: (1264) 1. Martin Nichols reported on recent legislative action regarding jail funding and .a cost-of-living increase to AFDC recipients. 2. Supervisor Wheeler reported on a meeting with State Transportation Commissioner Ron Azevedo where funding for Paradise Interchange was discussed, CLOSED SESSION: The Board recessed at 11:35 a.m. for a ten-minute break followed by a closed session. RECONVENE: The Board reconvened at 1:40 p.m. following a closed session on litigation. (SEE FOLLOWING MINUTE ORDER) 84-515 Motion: DIRECT THE CHIEF ADMINISTRATIVE OFFICER IN CONSULTATION WITH (1520) COUNTY COUNSEL TO PREPARE A PROPOSED ORDINANCE, IF NECESSARY, TO ADJUST THE $OUNDARIES OF THE OROVILLE JUSTICE COURT. M S Vote: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried) Page l25 June 19, 1984 June 19, I984 84--515 Motion: IT IS THE k3OARD'S UNDERSTANDING THAT COUNTY COUNSEL'S OFFICE (Cont'd) WOULD CONTINUE TO PROVIDE SMALL CLAIMS ADVISORY SERVICE TO THE PUBLIC UNTIL THE BOARD DEEMS THERE IS NO LONGER A NEED FOR SUCH A SERVICE OR THAT THE BOARD WOULD SEEK SOME OTHER ENTITY TO PROVIDE THE SERVICE. M S Vote: I Y 2 NV 3 Y 4 Y 5 Y {Motion carried} Motion: WITH REFERENCE TO THE LAWSUIT ON THE JAIL AND THE SHERIFF, I WOULD MOVE TO AUTHORIZE AN OUTSIDE ATTORNEY TO REPRESENT THE SHERIFF IN 'T'HIS LAWSUIT AT A MAKTMUM FEE OF $100 AN HOUR, S M Vote: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried) 84~-516 Additional items from Board members: (1592) I. Supervisor Moseley reported that she had met with County Counsel, Mrs. Kircher and Steve Streeter and the July 3 hearing on South Fork Developers is a hearing only for the appeal of the supplemental ETR. 2. Supervisor Wheeler related that an inquiry had been made by the news media as to whether ar not the screening process far the appointment to the County Superintendent of~Schools Review Committee would be subject to a public hearing process. Motion: DIRECT ,AN OPINION FROM COUNTY COUNSEL AS TO WHETHER OR NOT THE SCREENING PROCESS FOR THE APPOINTMENT TO THE COUNTY SUPERINTENDENT OF SCHOOLS REVIEW COMMITTEE WOULD BE 5UBJECT TO A:~PUBLIC OR AN=OPEN HEARING PROCESS. S M Vote: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried} ADJOURNMENT: Motion: TO ADJOURN IN MEMORY OF ED BROWN. M S Vote: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried) .~~ ATTEST: MARTIN J. NICHOLS Chairman, Board of Supervisors Chief Administrative Officer and Clerk of~the Board Page 126 By; June 19, 1984