HomeMy WebLinkAboutM062684June 26, 1984
Call to order - Board of Supervisors Room, County Administration
Building, 25 County Center Drive, Oroville.
Present: Supervisors Dolan, Moseley, Wheeler and Chairman Saraceni;
Martin J. Nichols, chief administrative Officer; Del Siemsen, county
counsel; and Rubye Townsley, deputy clerk of the Soard.
Absent: Supervisor Fulton
Pledge of allegiance to the Flag of the United States of America.
Invocation - Supervisor Moseley
84-517 Additional items from Board members:
1. Supervisor Wheeler would like to discuss a drainage problem an
Mariposa and East Avenue.
2. Supervisor Dolan announced that the block grant for Chapmantown
had been received.
3. Supervisor Dolan requested a closed session on litigation.
84-518 Items removed from consent agenda for separate consideration:
I. Dane A. Cameron, attorney at law - on behalf of Floyd E. Jones,
Ruben Dominguez, William Price and Does I thorugh CC, file a
claim for personal injuries in the amount of $10,000 for each
claimant as a result of alleged damages incurred while in the
Butte County Jail.
2. Foothills Water Resources study - as a result of SB 2320 and
AB 3758, $70,000 is available to be allocated to Butte County
far the conduct of a Foothills Water Resources study.
Page 127
June 26, 1984
June 26, 1984
84-519 Consent Agenda
{38)
1. Approval of minutes - June 19, 1984. Action requested: APPROVE
P~INUTES.
2. Budget transfers. Action requested: APPROVE BUDGET TRANSFERS
5-283, B-287 r B--295, B--296, B-297.
3. Resolution of intention to rename a private road -- Aideng Court
(Cythiann Lane to end) to Cynthiann Court. Action requested:
ADOPT RESOLUTTON 84-106 SETTING PUBLIC HEARING DATE FOR JULY 17,
1984, AT 10:00 A.M.
4. Barnhart-Brown & Associates - on behalf of John Freeman, appeal the
Advisory Agency's denial of a revised tentative parcel map (item
an which a mitigated negative declaration has been recommended},
AP 61-08-143, four lots, property located on the south side of
Bald Rock Road, one mile southeast of the intersection of Zink
and Bald Rack Roads, Berry Creek area. Action requested: SET
PUBLIC HEARING DATE FOR JULY 17, 19$4, AT 10:45 A.M.
5. Sierra West Surveying - on behalf of Abbie Lauer, appeals the
Advisory Agency's Condition Na. 10 {reconstruct Helltown Road}
on a tentative parcel map, AP 63-02-22, two lots, property lacated
on the west side of Helltown Road, 3000 feet north of Centerville
Road, Helltown area. Action requested: SET PUBLIC HEARING DATE
FOR JULY 17, 19$4, AT 11:15 A.M.
6. Lippincott-Guth Associates - on behalf of Cherie 5myzer appeals
Condition No. 9 {obtain encroachment permit and construct standard
road approach providing adequate site distance at the intersection
of Round Va11ey Ranch Road and Clark Road} on tentative parcel
map, AP 55-4b-25, three parcels, property located on the south side
of Stoney Brook Lane approximately 1600 feet west of its inter-
section with Round Valley Ranch Road, Paradise area. Action
requested: SET PUBLIC HEARING DATE FOR JULY 17, 1984, AT 11:30 A.M.
7. Ronald Merlo - (item on which a requirement for an environmental
impact report is being appealed) general plan amendment from
orchards and field crops to agricultural-residential and rezone
from A-2 (general) to SR-1 (suburban residential - 1 acre parcels)
lacated on the south side of Oroville-Chico Highway, approximately
1400 feet east of Midway, identified as AP 40-06-04 (portion},
Durham. Action requested: SET PUBLIC HEARING DATE FOR JULY 24,
1984, AT 10:30 A.M.
Page 128
June 26, 1984
dune 26, 1984
84-519 8. .Floyd and Penny Readman - abandonment of alleyway, Block 35,
(Cont'd) located on Midway between Colusa Avenue and Thermalito Avenue,
extending 100 feet + west from 6th Street, AP 31-34-7-OS, Thermalito.
Action requested: ADOPT RESOLUTION $4-107 SETTING PUBLIC HEARING
DATE FOR JULY 31, 1984, AT 10:00 A.M.
9. Permits to use fireworks - Silver Dollar Fairgrounds in Chico
and North Forebay in Oroville - application has been made by
Pyro Spectaculars, Inc., of San Francisco to conduct public
fireworks displays on July 4, 1984, in accordance with various
sections of the Health and Safety Code. Action requested:
APPROVE PERMITS.
10. Gridley Memorial Hall rental rates - the Hall Committee is pro-
posing an increase in rental rates for the hall. Action
requested: APPROVE NEW RATES AS SUBMITTED BY THE HALL COMMITTEE.
11. Computer equipment - Agricultural Commissioner - Board authorization
is requested to acquire additional computer equipment of state
specifications in an amount not to exceed $6,000 which will provide
far terminals funded under the Pest Detection Trapping Contract.
Budget transfer 8-297 has been prepared to provide the necessary
appropriation. Action requested: APPROVE ACQUISITION OF ASSETS.
12. Computer equipment - Auditor/Controller - Board authorization is
requested to purchase an IBM personal computer, emulation board,
printer and necessary cables in order to accomplish the imple-
mentation and maintenance of the supplementary property tax roll
(SB 813}. Budget transfer 8-295 has been prepared to provide the
necessary appropriation in the amount of $7,500. Action requested:
AUTHORIZE PURCHASE OF' FIXED ASSETS.
13. Salary ordinance amendment -- the ordinance creates several new
classification titles which will eliminate an existing problem
of class titles crossing bargaining unit lines. The ordinance is
for technical purposes only and will not effect wages. Action
requested: WAIVE THE FIRST READING OF THE ORDINANCE.
14. Bar-O-Boys Ranch Contract - an agreement has been prepared with Del
Norte County for the placement of Juvenile Court wards for five
beds at the Bar-O--Bays Ranch at a cost of $990 per month per bed.
Action requested: APPROVE CONTRACT AND AUTHORIZE THE CHAIRMAN
TO SIGN.
15. County Service Area 34 (Gridley Swimming Pool) Contract - an agree-
ment has been prepared with the Butte County Fair Association for
operation and maintenance of the CSA 34 pool for the period July 1,
1984, through June 30, 1985. Action requested: APPROVE CONTRACT
AND AUTHORIZE THE CHAIRMAN TO SIGN.
Page 129
June 26, 1984
,Tune 26, 1984
84-519 16. 1984-85 transit claim - the SB 325/SB 620 funding claim from BCAG
{Cont'd) for the county`s participation in various transit projects and its
share of operation and maintenance of the Chico Amtrak Depot has been
prepared for $248,028 in SB 325 funds and $200,000 in SB 620 funds.
Action requested: AUTHORIZE THE ACTING PUBLIC WORKS DIRECTOR TO
SIGN THE CLAIM AND SUBMIT TO BCAG.
17. Amendment No. 2 to Oroville Express Contract - continues the
Oroville Express subsidized taxi system for the elderly and handi-
capped through June 30, 1985, and at the direction of the City
Council limits the hours of service between 10:00 a.m. and 10:00 p.m.
daily {county funding $71,416 from SB 325 funds and $33,398 from
fare revenues). Action requested: APPROVE AMENDMENT AND AUTHORIZE
THE CHAIRMAN TO SIGN.
18. Amendment No. 3 to Oroville Area Transit Contract - continues the
Oroville Area Transit System through June 30, 1085, and increases
the hourly rate by 2S~ paid to Oroville Bus Lines to $16.35 per
hour {City of Oroville, 54$ and county, 36~). Service hours are
being reduced from 22 hours per day to 13 hours, 20 per day
effective July 2, 1984, in order to contain public transportation
costs within the City of Oroville. Action requested: APPROVE
AMENDMENT AND AUTHORIZE THE CHAIRMAN TO SIGN.
19. Family Planning Contract - a renewal contract has been prepared
by the State Department of Health Services in the amount of $47,951
covering the period July 1, 1984, through June 30, 1985. The
program is 100$ funded with state and federal funds. Action
requested: APPROVE CONTRACT AND AUTHORIZE THE CHAIRMAN TO SIGN.
20. Resolution establishing appropriations limit for Special Districts
under control of the Butte County Board of Supervisors for fiscal
year 1984-85 as required by Section 7910, Division 9, of the
California Government Code. Action requested: ADOPT RESOLUTION
84-10$ AND AUTHORIZE THE CHAIRMAN TO SIGN.
21. Resolution establishing appropriations limit for County of Butte
in the amount of $26,808,195 for fiscal year 19$4-85 as required
by Section 7910, Division 9, of the California Government Code.
Action requested: ADOPT RESOLUTION 84-109 AND AUTHORIZE THE
CHAIRMAN TO SIGN.
22. Acceptance of official canvass certification of the June 5, 1984,
Primary Election. Action requested: ACCEPT CERTIFICATE OF THE
COUNTY CLERK TO THE RESULT OF THE CANVASS QF THE VOTES.
Page 130
June 26, 1984
June 26, 1984
84.519 23. K. E. Thacker - proposed negative declaration regarding environ-
{Cont'd) mental review and rezone from "S-H" {scenic highway) and-"A-2"
(general) to "PUD" (planned unit development),. approximately
65 acres to allow a 25-unit residential development including
approximately 10 acres of sewage disposal facilities including a
pond and waste water irrigation area located on the west side
of Pentz Road, 5 miles south of Paradise, identified as
AP 41-03-115. Action requested: SET PUBLIC HEARING DATE FOR
JULY l7, 1084, AT 1:30 P.M.
24. Communications.
a. Town of Paradise - advises that Mayor Curt Campion is the
town's advisory representative to the Butte County Planning
Commission and Council Member Bernice Staveley is the alternate
representative. Action requested: ACCEPT FOR INFORMATION.
b. Butte County Farm Bureau - requests clarification of the Board's
policy on withdrawals from Williamson Act Contracts. Action
requested: REFER TO CHIEF ADMINISTRATIVE OFFICE FOR RESPONSE.
c. E1 Medio Neighborhood Development Corporation and Community
Concerns Organization - request loan of various equipment items
for use at its headquarters. Action requested: REFER TO COUNTY
COUNSEL AND CHIEF ADMINISTRATIVE OFFICE TO DETERMINE LEGAL .STATUS
AND AVAILABILITY OF SURPLUS EQUIPMENT.
Motion: APPRDVE CONSENT AGENDA
M S
Vate: l Y 2 Y 3 Y 4 Y 5 AB (Motion carried)
Regular Agenda
84-520 Dane A. Cameron, attorney at law - on behalf of Floyd E. Jones,
(60) Ruben Dominguez, William Price and Does I through CC, file a for
personal injuries i.n the amount of $10,000 for each claimant as a result
of alleged damaged incurred while in the Butte County Jail.
Motion: REJECT CLAIM AND REFER TO COUNTY COUNSEL AND RISK MANAGEMENT
COORDINATOR.
S M
Vote: 1 Y 2 Y 3 Y 4 Y 5 AB (Motion carried)
Page 131
June 26, 1984
June 26, 1984
84-521 Foothills Water Resources study - as a result of SB 2320 and AB 3'158,
{91) $70,000 is available to be allocated to Butte County for the conduct
of a Foothills Water Resources study. (SUPERVISOR WHEELER >?ELT THE
MONEY MIGHT BEST BE USED TO OFFSET COST OF PRESENT STUDIES FOR FLOOD
CONTROL, OR FOR BUILDING LEVEES. IF 'I'RIS STUDY IS PURSUED, SHE WOULD
LIKE TO KNOW THE FEASIBILITY OF IMPOUNDING WATER ON ROCK CREEK; WHAT
KIND OF STUDY IS TO BE CONDUCTED AND THE TIMELINE INVOLVED. CHAIRMAN
SARACENI FELT THERE MAY BE OTHER PRIORITIES FOR THE MONEY SUCH AS
PROBLEMS TN THE NITRA'T'E AREAS AND IN THE GRTDLEY ARFA.)
Motion: RE~-REFER TO WATER COMMISSION, WITH THE REQUEST THAT THEY
RECONSIDER IN LIGHT OF CONCERNS RAISED TODAY.
S M
Vote: l Y 2 Y 3 Y 4 Y 5 AB (Motion carried)
84-522 Request from the District Attorney for additional staffing. {NO
(221) ACTION TAKEN.)
84-523 Consideration of ordinance amending boundaries for the Gridley and
(505) Oraville Judicial Court Districts.
Motion: WAIVE THE FIRST READING OF THE ORDINANCE.
M S
Vote: l Y 2 Y 3 Y 4 Y 5 AB (Motion carried)
84-524 Report from Public Works and Environmental Health on the Bob Walters
(1395) request for refund of $289 of the fee paid for variance to septic
requirements.
Motion: DENY REQUEST FOR WAIVER OF FEES
NI S
Vote: l Y 2 Y 3 Y 4 Y 5 AB (Motion carried)
84-.5,25 Report from Personnel Director on retired county employees' request
(1502) for reviewing and improving retirement benefits and health care for
those employees already retired.
Motion: SET JULY 31, 1984, AT 10:00 A.M. AS A TIME FOR RETIRED
EMPLOYEES ASSOCIATION TO PRESENT THEIR REQUESTS TO THE
BOARD.
M S
Vote: l Y 2 Y 3 Y 4 Y 5 AB (Motion carried)
. Page 132
June 25, 1984
June 26, 1984
RECESS: 9:56 A.M.
RECONVENE: 10:16 A.M.
84-526 Additional items to be considered:
(1544 )
1. Martin Nichols reported on the proposed amendment to AB 3805,
regarding jail funding, introduced by Senator Presley.
Motion: ENDORSE AMENDMENTS.
M 5
Vote: l Y 2 Y 3 Y 4 Y 5 AB (Motion carried)
Public Hearings and Timed Ttems
$4--527 Butte County Transit Ribbon Cutting Ceremony (Administration Building
(1604) Parking Lot). (FRED CAVANAH, PUBLIC WORKS DEPARTMENT, PROVIDED
INFORMATION ON TWO NEW BUSES WHICH WILL GO INTO OPERATION ON
JULY 2, 1984.)
RECESS: The Board recessed at 10:25 a.m. for the ribbon cutting
ceremony and a demonstration ride on the new bus.
RECONVENE: 11x45 A.M.
Regular Agenda
84-528 Butte County Water Commission report on the Governor's water proposal
(1843) and related bills.
Motion: ACCEPT RECOMMENDATIONS AS PER THE REPORT SUBMITTED FROM OUR
WATER COMMISSION AND GIVE DIRECTION THAT A NOTE SHOULD.BE SENT
TO THEM FOR A JOB WELL DONE.
M S
Vote: l Y 2 Y 3 Y 4 Y 5 AB (Motion carried)
Page 133
June 26, 1984
June 26, 1984
84-529 Consideration of Well Construction Standards Committee - proposed
(1901} amendment to Chapter 23B of the Butte County Code regarding water
wells. (from 6/19/84)
Motion: WAIVE FIRST READING OF THE ORDINANCE.
M S
Vote: l Y 2 Y 3 Y 4 Y 5 AB (Motion carried)
84-530 Discussion on initiating a rezone of property located on East Avenue
(2106) (from I~ighway 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.
(from 6/19/84) (ITEM REMOVED. TO BE DEALT WITH BY SUBCOMMITTEE.)
84-531 Additional items to be discussed:
(2183)
1. Supervisor wheeler would like a letter to be sent to Jay Lyman,
who resigned from the P.I.C. thanking him for his volunteer service.
Motion: SEND A LETTER THANKING MR. LYMAN AND ALSO A CERTIFICATE OF'
APPRECIATION FOR THE YEARS OF VOLUNTEER SERVICE THAT HE HA5
GIVEN TO THE COUNTY THROUGH THE ECONOMIC DEVELOPMENT CORPORATION.
S M
Vote: l Y 2 Y 3 Y 4 Y 5 Y (Motion carried)
2. Supervisor Wheeler reported a drainage problem on Mariposa and
East Avenue. (REFERRED TO PUBLIC WORKS FOR A RESPONSE BACK
ON JULY 3, 1984)
3. Supervisor Wheeler called the Board's attention to a letter from
Plumas County in the Board's packets regarding forest receipts
formula for roads and schools. and requested that the Board's
reaffirm its opposition tb the Forest Service proposal.
4. Supervisor Wheeler thanked Supervisor Dolan, Mr. Vanhart, Tom
Reed and.Bettye Kircher for attending:~~the nitrate hearing.
Because of a family illness she was unable to attend.
5. Supervisor Wheeler expressed concerns regarding an application
for permission to crass a railroad. (TO BE DEALT WITH DURING
THE HEARING NEXT WEEK ON THE SOUTH FORK APPEAL)
Page 134
June 26, 1984
84--531 6. Supervisor Wheeler directed the Board's attention to a letter
(Cont'd} received in the packet from Mr. Sutherland regarding improvements
to his property. (JOHN MENDONSA, PUBLIC WORKS DEPARTMENT, TO
WORK WITH MR. SUTHERLAND ON THE MATTER.}
7. Del Siemsen reported on a matter relating to last week's
authorization for the Sheriff to retain an outside attorney.
(SUPERVISOR DOT.,AN REQUESTED THAT THIS MATTER BE DISCUSSED IN
CLOSED SESSION},
8. Mr. Nichols requested the Board take action opposing the
Department of Agriculture's redistribution of forest receipts_
so that Supervisor Wheeler may have a resolution to take to
the upcoming meeting..
Motion: FOR THE ACTION REQUESTED, ADOFTING RESOLUTION 84-110.
S M
Vote: l Y 2 Y 3 Y 4 Y 5 AB (Motion carried)
9. Steve Baker, from Connerly & Associates, announced that Chapmantown
block grant was approved, but E1 Medio was not successful. He
recommended some guideline changes in the Chapmantown program.
Because some needs are being unmet, he recommended small grants
under $5,000 to the elderly owners. For the owner-investors, he
recommended one-half loan and one-half grant, both to have
recapture provisions.
Motion: APPRDVE THESE PROGRAM GUIDELINES.
M S
Vote: l Y 2 Y 3 Y 4 Y 5 AB (Motion carried)
Closed Hearings
84-532 R.F.C. Surveyors, Inc. - on behalf of Dae Mill Vineyards, appeals the
(2879) 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. (f ram 6/19/84)
R.F.C. Surveyors, Tnc. - on behalf of carry 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-O1-143,
three parcels, property located on both sides of Doe Mill Ridge, approxi-
mately 800 feet north of Hummer Road, Doe Mill Ridge area. (from b/19/84}
(BOTH HEARINGS CONTINUED TO JULY i7, 1984)
Page 135
June 26, 1984
June 26, 1984
Public Hearings and Timed Ttems
84-533 Recognition of persons wishing to speak:
(2914}
1. Frank Brazzell - comments regarding wells and nitrate problems,
and the passibility of using a portion of a federal allocation
to alleviate problems.
CLOSED SESSION: The Board recessed at 11:25 for a closed session
on personnel and litigation.
RECONVENE: The Board reconvened at 12:34 p.m. following a closed
session.. There were no announcements regarding personnel.
On the matter of litigation, Mr. Nichols reported that in
,researching the Charter in the matter of appointing a new
Assessor, he found that when an appointment is made by the
Board to fill an elective office vacancy, that appointee is
to hold office unitl the election and qualification of his
successor. Tn that light, as soon as Mr. Puelicher is sworn
in, he will assume the duties of Treasurer/Tax Collector.
ADJOt3RNN1ENT: There being nothing further before the Board at this
time the meeting was adjourned at 12:36 p.m.
Chairman, Board a~ Supervisors
ATTEST: MARTIN J. NTC~-TOLS
Chief Administrative Officer and
Clerk of the Board of Supervisors
Clerk/Deputy ~ T
Page 136
June 26, 1984