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HomeMy WebLinkAboutM062183M I N U T E S r~rrsrs;rr ••`~~ SUP~~•, a~ ~ ~ ~ +~ ' • '~: ~ • ~~• ~c,Jl /~y~ P ~ ~ ~ ~ : ~ j i* ' ~ *i ~': r y •~., covrs,,•• +rrrrr~a~• ~u~RD OF S~'PERV~S~RS iVc ~tl L.L\, :; ,7 pca cr:c:, ~HA:ft AL S.aR.aC v~, a; ']acr:cc iiILBA '~HE_LE R, are ~~s;:;.-; 0 ERT'i.i :d OScL_F, Bch Disa:tc LcV F:L?Oti, i;,y Ica;rec: June 21, 1983 83-537 Call to order - The Board of Supervisors Ronm, County Administration Building, 25 County Center Drive, Oroville, California. Present: Supervisors Fulton, Moseley, Saraceni and Chair Dolan; Mike Fyeatt, interim administrative officer; Del_Siemsen, county counsel; 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 idoseley Additional items by Board members to be addressed at the end of the day: 1. A budget transfer transferring $3,000 from the reserve to fixed assets within the Personnel Department budget to cover the cost of training equipment that was approved by the Board on April l2, 1983. (TO BE CONSIDERED AS PART OF CONSENT AGENDA) - Chair Dolan 2. A budget transfer transferring $20,000 from the reserve to professional services within the Administrative Office budget to cover the contract amount with the Butte County Economic Development Corporation. This transfer would preclude a cumbersome action including the amount in the 1983-83 budget. {TO BE CONSIDERED A5 PART OF CONSENT AGENDA) - Chair Dolan 3. Authorize a letter to the Office of Local Economic Development re- questing the assistance of the Pittsburgh Economic and Housing Develop- ment Corporation to assist in the preparation of a revolving loan fund under the Economic Development Administration's Title IX Program. This would allow up to $300,000 to assist small businesses impacted by high unemployment. The action requested is to authorize sending of a letter under Chair's signature. (TO BE CONSIDERED AS PART OF CONSENT AGENDA) - Chair Dolan. 4. Appeal by Al Norris and Karrie Allen relative to the Planning Commission's denial o£ a use permit for a recreational campground on AP 72-01-09. (TO BE CONSIDERED AS PART OF CONSENT AGENDA) - Chair Dolan 5. Clarify the waiver o£ £ees on the Dan Hays resubmittal of parcel map. from last week. - Chair Dolan Page 93 June 21, 1983 June 21, 1983 83-538 Items pulled from the consent agenda for separate consideration: 1. Issuance of 1983-84 Tax & Revenue Anticipation Notes. 83-539 Consent Agenda 1. Approval of minutes - June 14 and 15, 1983. Action requested: APPROVE MINUTES. 2. Budget transfers. Action requested: APPROVE BUDGET TRANSFERS B-235, B-238, B-243, B-245, B-246, B-247, B-251, B-253, B-254, B-257, B-260, B-261, B-263, B-264, B-265, B-266, B-267. 3. Billie June Terry - renewal of variance to §19-10 and/or §19-12 of the Butte County Code for placement o€ a mobile home on AP 22-16-42, 2896 4th Street, Biggs; zoning: A-2. Action requested: APPROVE VARIANCE RENEWAL. 4. George Wiget - request for variance to §19-10 and/os §19-12 of the Butte County Code for placement of a mobile home on AP 21-23-16, 423 Little Avenue, Gridley; zoning: A-40. Action requested: SET PUBLIC HEARING FOR JULY 26, 1983, AT 10:00 A.M. 5. Library Trust Fund -- in accordance with Government Code §25355 acceptance of a donation of $1,500 from the Chico Friends of the Butte County Library. Action requested=: ACCEPT DONATION TO TRUST FUND. 6. Air Pollution Control Distri-et - consideration of a revised New Source Review Rule. Action requested: SET PUBLIC HEARING FOR JULY 26, 1983, AT 10:30 A.M. 7. Senior Nutrition Program - fiscal year 1983-84. Action requested: AUTHORIZE COUNTY AUDITOR TO UTILIZE GENERAL FUND MONTES FOR THE SENIOR NUTRITION PROGRAM PENDING RECEIPT OF FUNDS FROM THE AREA AGENCY ON AGING. 8, Small Cities Community Development Block Grant Program - Contract #•82- STBG-003 in the amount of $600,000 has been prepared for participation in the program. Action requested: APPROVE AGREEMENT SUBJECT TO' REVIEW BY COUNTY COUNSEL AND THE AUDITOR AND ADOPT RESOLUTION 83-106 AUTHORIZING THE CHAIR TO SIGN THE AGREEMENT. 9. State Office of Economic Opportunity - contract with Community Action Agency to weatherize homes of low income persons from June 1, 1983, through March 31, 1984.. Funds to be received - $27,243. Action requested: APPROVE CONTRACT. 10. Solway, Tnc., contract renewal - 1983-84 - Women's Alcohol Recovery Program. County to pay $21,022. Action requested: APPROVE AGREEMENT. 11. North Valley Parent Education Network contract renewal - FY 1983-84, Juvenile Runaway Program. County to pay $6,000. Action requested: APPROVE CONTRACT. 12. California Youth Authority contract renewal - FY 1983-84 Juvenile/ Criminal Court Placement Agreement for diagnostic and treatment services and temporary detention in facilities of the Department of Youth Authority. County to pay an amount not to exceed $25,000. Action requested: APPROVE CONTRACT. Page 94 June 21, 1983 June 21, 1983 13. North Valley Parent Education Network contract renewal - FY 1983-84 Drug Prevention contract. County to pay an amount not to exceed $39,000 of federal grant funds. Action requested: APPROVE AGREEMENT. 14. Bar-O-Boys Ranch contract renewal _ FY 1983-84 .- Agreement for the housing of juvenile court wards at the rate of $900 per month for each ward. Action requested: APPROVE AGREEMENT. 15. Stirling City Sewer Service Area - resolution approving a loan in the amount of $200 to CSA No. 82 from the county service area revolving fund to be repaid in 1983-84. Action requested: ADOPT RESOLUTION 83-107 APPROVTNG LOAN. 16. CETA Annual Report - CETAC submits the Annual Report fro FY 82 outlining program activities, performance levels and expenditure levels. Action requested: ACCEPT REPORT. 17. CETA Vocational Education Grant - State Department of Education restrictions on the Vocational Education Grant monies for FY 83 were so restrictive that $103,787 of a total of $128,608 could not be planned or expended. CETAC requests Board concurrence to return the $103,787. Action requested: CONCUR WITH CETAC REQUEST TO RETURN $103,787 WITH COMMENT THAT IT COULD NOT BE PLANNED BECAUSE OF UN- REASONABLE DEPARTMENT OF EDUCATION RESTRICTIONS. 18. CSA No 87 - formation (Upper Mud Creek) - the Board of Supervisors has initiated a request for the formation of a county service area for drainage. LAFCo has approved the formation. Action requested:. __ ADOPT RESOLUTION 83-107A SETTING A PUBLIC HEARING FOR AUGUST 9, 1983, AT 10:30 A.M. 19. Planning Commissioners = reimbursement for out-of-county expenses. Action requested: APPROVE COMMISSIONER AVIS' CLAIM OF $117.50 AND COMMISSIONER LAMBERT'S CLAIM OF $119.05. 20. Ordinance - Clerk of the Board of Supervisors. Action requested: WAIVE SECOND READING AND ADOPT ORDINANCE 2358. 21. Forest development road cooperative agreement - Happy Days timber sale. Covers maintenance of gortions of Humboldt Road, Humbug Summit Road and Skyway by the U. S. Forest Service for timber sales. No county funds involved. Action requested: APPROVE AGREEMENT AND AUTHORIZE DIRECTOR OF PUBLIC WORKS TO SIGN. 22. Contract - right-of-way acquisition, Project No. 51261-82-1 (parcel 1). Bradley J. Johnson - 0.03 acres - $1,200. Action requested: APPROVE CONTRACT AND AUTHORIZE AUDITOR TO ISSUE WARRANT UPON DEMAND OF COUNTY'S ESCROW AGENT. 23. Transportation systems - fare increases. Action requested: INCREASE BUTTE COUNTY TRANSIT FARES 104 FOR OUT-OF-TOWN TRIPS AND 254 FOR IN-TOWN TRIPS. INCREASE OROVTLLE EXPRESS FARES 104. INCREASE OROVILLE AREA TRANSIT FARES 154 FOR ADULTS AND 104 FOR ELDERLY, HANDICAPPED AND YOUTHS. 24. Amendment No. 2 to Agreement for Bus Services in the Oroville area. This amendment extends the Oroville Area Transit System through fiscal year 1983/84 and includes a 54 increase in heurly service rate and a provision to zeplace running gear of the two buses at a cost not to exceed $9000. Action requested: APPROVE CONTRACT. Page 95 June 21, 1983 June 21, 1983 25. Amendment No. 1 to Cooperative Agreement for Transportation Services in the Oroville urban area. This amendment revises the percentage split for the Oroville Area Transit System to 46~ for Butte County and 54$ for the City of Oroville. The previous split was 38~ for the county and 62~ for the city. Action requested: APPROVE CONTRACT. 26. Amendment No. 1 to Agreement - Transportation Services in the Oroville Urban Area for handicapped and senior citizens. This amendment extends the Oroville Express service through fiscal year 1983-84 and provides for the following ticket prices: $2.60 for regular tickets (increased 54); $7.00 for wheelchair van tickets (no increase); and a patron fare of $1 (increasd 10~). Action requested: APPROVE CONTRACT. 27. Don Struble - abandonment of road right-of--way, Olive Avenue, Palermo. Action requested: ADOPT RESOLUTION 83-108 SETTING PUBLIC HEARING FOR JULY 26, 1983, AT 11:00 A.M. 28. Byron George - conveyance_of development rights and open area easement as required by the use permit granted on February 3, 1983. Action requsted: APPROVE CONVEYANCE OF DEVELOPMENT RIGHTS AND OPEN AREA EASEMENT. 29. Ray Holt, c/o Hamby - abandonment drainage easement - Schott Subdivision Lot 9. Action requested: ADOPT RESOLUTION 83-109 SETTING PUBLIC HEARING DATE JULY 19, 1983, AT 11:30 A.M. 30. Appointments to the Assessment Appeals Board. Action requested: APPOINT GIL JONES TO A TERM EXPIRING JUNE 2, 1986; JOFL'~T PEACE TO A TERM EXPIRING JUNE 3, 1985; DOUG DREBERT TO A TERM EXPIRING JUNE 4, 1984; AND, WILLIAM TALLEY AS AN ALTERNATE MEMBER. 31. Auditor-Controller - job sharing of one internal auditor position. Action requested: APPROVE ADVANCE STEP HIRING OF DAVE KELLY AS AN EXTRA HELP INTERNAL AUDITOR, RANGE 22, STEP E AND THE ADVANCE STEP HIRING OF ROBERT JOHNSON AS AN INTERNAL AUDITOR, RANGE 22 STEP E (AT A 60~) LEVEL) TO FILL THE POSITION TO BE VACATED BY MR. KELLY WITH THE CONDITION THAT ADVANCE STEP HIRINGS RESULT IN A NET COST SAVINGS TO THE COUNTY OF APPROXIMATELY $4,000 ON AN ANNUAL BASIS. 32. A budget transfer transferring $3,000 from the reserve to fixed assets within the Personnel Department budget to cover the cost of training equipment that was approved by the Board on April 12, 1983. Action requested: APPROVE BUDGET TRANSFER B-270. 33. A budget transfer transferring $20,000 from the reserve to professional services within the Administrative Office budget to cover the contract amount with the Butte County Economic Development Corporation. This transfer would preclude a cumbersome action including the amount in the 1983-84 budget, Action requested: APPROVE BUDGET TRANSFER B-269. 34. Authorize a letter to the Office of Local Economic Development re- questing the assistance of the Pittsburgh Economic and Housing Develop- ment Corporation to assist in the preparation of a revolving loan fund under the Economic Development Administration's Title IX Program. This would allow up to $300,000 to assist small businesses impacted by high unemployment. Action requested: AUTHORIZE SENDING LETTER UNDER CHAIR'S SIGNATURE. 35. Appeal by Al Norris and Karrie Allen relative to the Planning Commission's denial of a use permit for a recreational campground on AP 72-01-09. Action requested: SET PUBLIC HEARING FOR JULY 26, 1983, AT 10:00 A.M. Page 96 June 21, 1983 June 21, 1983 MOTION: APPROVE CONSENT AGENDA WITH BELETION AND ADDITIONS, PREVIOUSLY MENTIONED. g M VOTE: 1 Y 2 Y 3 A 4 Y 5 Y (Motion carried) 83-540 Issuance of 1983-84 Tax & Revenue Anticipation Notes. (89 ) MOTION: TO APPROVE RESOLUTION 83-110 SUPPLEMENTING AND AMENDING RESOLUTION 83-b9; APPROVE RESOLUTION 83-111 AFFIRMING THAT MONIES IN THE SELF- INSURANCE LIABILITY FUND AND THE UNEMPLOXMENT COMPENSATION INSUR- ANCE CLAIM PAYMENT FUND AND THE WORKERS COMPENSATION RESERVE FUND ARE AVAILABLE ONLY FOR THE DESIGNATED PURPOSES AND ARE REASONABLY REQUIRED FOR SUCH PURPOSES; AND AUTHORIZE CHAIR TO SIGN, AS OUT- LINED IN MEMO FROM AUDITOR DATED JUNE 20, 1983. M S VOTE: l Y 2 Y 3 A 4 Y 5 Y (Motion carried) Regular Agenda 83-541 Adopt proposed budget and set public hearing dates. MOTION: TO ADOPT A RESOLUTION 83-112 ADOPTING PROPOSED BUDGET AND SETTING THE FIRST HEARING DATE FOR JULY 20, 1983, AT 10:00 A.M. S j`1 VOTE: l Y 2 Y 3 A 4 Y 5 Y (Motion carried} RECESS: 9:58 A.M. RECONVENE: 10:27 A.M. 83-542 Report to the Board from the Open Range ordinance Committee. (Supervisors (1484} Fulton and Saraceni) (SUGGESTED THAT BOARD NOT ADOPT AN OPEN RANGE ORDINANCE AT THIS TIME) 83-543 Director of Planning requests interpretation of the application of (1918) Chapter 24 regarding C-1/C-2 zoning districts. (DISCUSSED. POSTPONED -~. ** UNTIL LATER IN THE DAY) 00 Public Hearings & Timed Items 83-544 Eminent domain acquisition of property on Skyway -notice provided Evelyn (305) Dewey, c/o Franklin Dewey, property owner, stating that a resolution authorizing acquisition of real property by eminent domain would be presented to the Board of Supervisors on June 21, 1983, to be heard at 11:00 a.m. MOTION: TO ADOPT RESOLUTION 83-113 AUTHORIZING ACQUISITION OF REAL PROPERTY BY EMINENT DOMAiN FOR THE SKYWAY, PROJECT N0. 51261-83-1. 5 M VOTE: l Y 2 Y 3 A 4 Y 5 Y {Motion carried) Page 97 June 21, 1983 June 21, 1983 83-545 State TV Cable request for renewal of franchise and expansion of (448) franchise area. MOTION: TO ADOPT A RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN AN AGREEMENT ISSUING A NON-EXCLUSIVE FRANCHISE TO STATE CABLE TV FOR THE CHICO AND DURHAM AREA; INCLUDED IN THE MOTION WOULD BE THEIR CONVERSATION WITH STAFF REGARDING THE AGREEMENT THAT WAS ACCEPTABLE TO STATE TV CABLE, AS WELL. M S VOTE: l Y 2 N 3 A 4 Y 5 N (Motion failed) MOTION: TO GRANT THE REQUEST FOR THE FRANCHISE IN THE DURHAM AREA, AMENDING EXISTING FRANCHISE TO INCLUDE THAT AREA SHOWN AS DURHAM AS SET FORTH IN THE MAP. M VOTE: 1 2 3 4 5 (Motion withdrawn) (CONTINUED TO JULY 12, 1983 - CLOSED HEARING) 83--546 Recognition of persons wishing to speak: (1862) 1. Kelly Meagher - regarding proposed developers' fees involving Chico Unified School District. 83-547 Continued hearing - Rawlins Construction Company - appeal of Planning Com- (2015} mission's denial of rezone from "A-R" (agricultural residential} to "PA-C" (planned area - cluster) to allow a 41 unit residential development on property located on the east side of Alamo Avenue, approximately 300 feet south of East Avenue, identified as AP 4207-169 and 170, more particularly described as follows: parcels two and three as shown on that certain parcel map recorded in the Office of the Recorder of the County of Butte, State of California, on November 9, 1979, in Book 73 of Parcel Maps, at Page 83 and 84; containing b.13 acres, more or less, Chico (item on which a draft environmental impact report has been prepared). (WITHDRAWN AT THE REQUEST OF THE APPLICANT) Regular Agenda 83-548 Director of Planning requests interpretation of the application of Chapter (2131) 24 regarding C-1/C-2 zoning districts. MOTION: THAT THE BOARD FINDS THAT THE WORDS 'THEATER AND AMPHITHEATER' DO NOT EQUATE. S M VOTE: 1 N 2 Y 3 A 4 N S Y (Motion fails) (CONTINUED TO JULY 12, 1983) Page 98 June 21, 1983 June 21, 1983 83-549 Report from the Public Defender Advisory Committee. (2569) MOTION: TO AUTHORIZE A FORMAL NOTICE OF NON-RENEWAL TO BOTH PUBLIC DEFENDER CONTRACTORS. M S VOTE: l Y 2 Y 3 A 4 Y 5 Y (Motion carried) MOTION: TO DIRECT THAT REQUESTS FOR PROPOSALS FOR PUBLIC DEFENDER SERVICES BE AEVELOPED. M S VOTE: l Y 2 Y 3 A 4 Y 5 Y (Motion carried} 83-550 Director of Planning requests interpretation of the application of Chapter 24 regarding C-1/C-2 zoning districts. MOTION: TO REFER 'THEATER' - 'AMPHITHEATER' TO THE PLANNING COMMISSION FOR THEIR INTERPRETATION OF DEFINITION BET"v7EEN NOW AND JULY 12, 1983 S M VOTE: l Y 2 Y 3 A 4 Y S Y (Motion carried) Communications 83-551 (3109) 1. Governor George Deukmejian - writes to express appreciation of letters received from fourth and fifth graders in Bangor regarding the state song. (INFORMATION ONLY) 2. Department of Water Resources - provides estimated charges for the States Water Project contract for calendar year 1984. (REFERRED TO THE AUDITOR) 3. Richard Crabtree, Paradise - writes to express concerns about the transportation of certain Mental Health patients. (REFERRED TO ADMINISTRATIVE OFFICE TO BRING BACK AFTER RECEIVING INPUT FROM SHERIFF AND MENTAL HEALTH DIRECTOR) 4. Art Bratschi, Oroville - privides recommendations Concerning Oro Dam underpass. (INFORMATION TO BE FORWARDED TO CITY OF OROVILLE) 5. Chico Area Council on Aging - requests $7,500 in revenue funding for fiscal year 1983-84. (ITEM SCHEDULED FOR HEARING ON JULY 19, 1983) 6. Janice K. Laman, Chico - writes in opposition to fare increases for the Butte County Transit System. {REFERRED TO FRED CAVANAH TO RESPOND, PROVIDING INFORMATION REGARDING GRANT FOR THE PURCHASE OF NEW BUSES) 7. Diane K. Graves, Chico - writes in opposition to fare increases for the Butte County Transit System. (REFERRED TO FRED CAVANAH.TO RESPOND, PROVIDING INFORMATION REGARDING GRANT FOR THE PURCHASE OF NEW BUSES) 8. Karl Ory, mayor, City of Chico - provides information concerning the questions raised by the City Council concerning the Ravenwood planned area cluster development. (ADMINISTRATION TO RESPOND) 9. A petition is being forwarded to the Board concerning replacement and realignment of the Cussick Avenue Bridge. (REFERRED TO PUBLIC WORKS} Page 99 June 2I, 1983 June 21, 1983 10. Dan Hays, Chico - requests time on the Board's agenda. of June 21, 1983, to discuss street alignment and widths for Plateau Park Industrial Subdivision. (CONTINUED TO JULY 12, 1983} ll. Department of Water Resources - sends notification of budgetary requirements for levee maintenance areas 5, 7, 13 and 15. (REFERRED TO AUDITOR} i2. Donald A Barrier - submits his resignation as the District 3 representative to the Community Action Agency. (LETTER, OF APPRECIATION FOR SERVICE TO BE SENT AND NOTICE OF VACANCY TO BE POSTED). 13. Butte County Special Districts Association - submits their recom- mendation concerning distribution of special district augmentation funds. (SPECIAL HEARING AT A LATER DATE) 14. Additional communications: (a) Letter from Ray Johnson. re approval of Community Development 'Block Grant, $600,000. (b) Letter from Don Willis requesting proclamation from Board designating Amateur Radio Week. MOTION: ADOPT RESOLUTION~83-114 DECLARING THE WEEK OP JUNE 19 THROUGH JUNE 25, 1983, AS AMATEUR RADIO WEEK. S M. VOTE: l Y 2 Y 3 A 4 Y 5 Y (Motion carried) 83-552 Additional items from Board members to be disused at the end of the day: 1. Clarify the waiver of fees on the Dan Hays resubmittal of parcel map last week. MOTION: THE BOARD FINDS THAT THERE IS REASON TO BELIEVE THAT THE RE4UEST FOR'AN EXTENSION WAS MADE, BUT CAN MAKE NO DETERMINATION ABOUT WHERE IT IS, OR IN WHOEVER'S FILE, AND AUTHORIZE THE EXTENSION OF THE MAP, AND AUTHORIZE RETURN OF FEES WHICH MR. HAYS PAID FOR RESUBMITTAL. S M VOTE: l Y 2 Y 3 A 4 Y 5 Y (Motion carried) 2. Letter from City of Oroville thanking Supervisor Saraceni and Clay Castleberry for attending meeting on the underpass project, and requesting that they participate in future meetings. MOTION: FOR SUPERVISOR SARACENS AND CLAY CASTLEBERRY TO PARTICTPATE IN THE UNDERPASS PROJECT. M S VOTE: l Y 2 Y 3 A 4 Y 5 Y (Motion Carried) ADJOURNMENT: There being nothing further before the Board at this time the meeting was adjourned at 12: 5 p m. ATTEST: ELEANOR M. BECKER, COUNTY CLE /RECORDER and Cha r, Board of Supervisors e o ficio Cle to t _e County Board of rviso s 1 100 June 21, 1983