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HomeMy WebLinkAboutM073184~ulY 31, 1984 Call to order - Board. of Supervisors Room,~County Administration Center, 25 County Center Drive, Orovil'ie. Present: Supervisors Dolan, Fulton, Moseley and Chairman Saraceni. Del 5iemsen, county. counsel; Martin J. Nichols, chief administrative officer, by Mike Pyeatt, deputy administrative officer; and Cathy Pitts, assistant clerk to the Board. Rbsent: Supervisor Wheeler Pledge of allegiance to the Flag of the United States of America Invocation - Supervisor Moseley 84-603 Additional items from Board members to be addressed at the end of the day.{20} 1. Request from Martin J. Nichols to be excused from the meeting because of illness - Chairman Saraceni 2. Request from Supervisor Wheeler to be excused from the meeting because of illness and request to ta61e salary consideration of Board members until a full Board is present - Chairman Saraceni 3. Welfare and workfare - Supervisor Fulton 84-604 Consent Agenda (46} 1. Approval of minutes - July 24, 19.84 - action requested.- APPRO]IE MINUTES. 2. Budget transfers - action requested - APPR011E BUDGET TRANSFERS 8-311, B-313, B-314, B-315, B-7 , B-2, B-3, B-4 AND B-5. 3. Western Canal Water District - petitions have been received signed by landowners owning at least 5Oq of the land within the proposed district according to State Water Code. District formation has been approved by the Local Agency Formation Commission -- action requested - ADOPT RESOLUTION 84-123 GIVING NOTICE OF HERRING ON PETITION ON FORMATION OF WESTERN CANAL WATER DISTRICT AND SET PUBLIC HEARING FOR SEPTEMBER 18, 1984 AT 10:00 A.M. Page 175. July 31, 7984 JuIY 31, 1984 4. Lincoln Development Company - appeals the Advisory Agency's Condition No. 7 relating.to road widths on a~tentative subdivision map, AP 44-01-58, AP 44-02-72 and 73, 29 lots, property located on the west side of Hicks Lane, approximately 2400 feet-north of Sycamore Drive, Chico - action requested - SET PUBLIC HEARTNG FOR AUGUST 21, 1984 .AT' 10:00 A. M. 5. Edward Surminsky - appeals the Advisory Agency's Condition No. 3 (provide permanent solution for drainage) on a:tentative parcel map, AP 42-03-61, four parcels; property located on :the northwest corner of Renshaw and Cussick Avenues, Chico'- action requested- SET PUBLTC HEARTNG-DATE FOR AUGUST 21, 1984 AT 10:15 A.P'[. 6. George Savko - abandonment'of a.portion~of Munjar Road,~l/2 mile + section of Munjar Road, located`-640 feet east of Floby~Lane, one mi1e+ east of Meridian Road, AP 47-22-04, Chico - action requested - ADOPT RESOLUTION 84-124 SETTING A PUBLIC HEARING FOR SEPTEMBER 18, 1984 AT 10:00 A. M. 7. County Service Rreas 1, 36 and 56 - autF~orizatibn of tax rate reduction in accordance with Revenue and Taxation Code,. the Auditor requests authorization to eliminate-the pro-=raga share of the l% local tax rate for the service areas-for 1584-85 - action requested - AUTHORIZE ELIMINATION OF PRO-RATA SHARE OF TAX RATE FOR 1984-85 FOR CSAs 1, 36 AND 56. 8. County Service Area .77 (Walnut Wood Street Lighting} - a resolution has been prepared in accordance with provisions of~the Government Code to loan $300 to the service area°from~the County Service. Area Revolving Fund. Budget transfer B-313 has been prepared to provide the necessary appropriation - action requested - ADOPT RESOLUTION 84-125 APPROPRIATING MONIES TO CSA 77. 9. Resolution establishing and modifying well construction and destruction standards - action requested - ADOPT RESOLUTION 84-126 AND AUTHORIZE THE CHAIRMAN TO SIGN. 10. Resolution amending Resolution 82--57 regarding establishment of fees for Environmental Health Services -- action requested = ADOPT' ' ~ (i.;~ . i:`" RESOLUTION 84-127 AND AUTHORIZE THE CHAIRMAN TO SIGN. 11. Award of Bid - Reconstruction of~Pentz Road,'FAS Project Y-749{1}, County Project No. 45471-83--i - 67"ds have been opened for the project .with the low bidder being Butte Creek Construction Company in the amount of $405,040 - action requested - RWARD CONTRACT TO BUTTE CREEK CONSTRUCTION COMPANY. Page 1J6. July 31, 19.84 J~ 31 , 1984 12. Right-of--way acquisition - agreements for sale - Eaton Road Reconstruc- tion, Pro,~ect No. 59171-83-1: Land Improvements Total Parcel 4 Alfred L. Garner & 0.08 acre $1,276 $ 543 $1,879 Marsha Garner .(0.03 net} action requested - APPROVE AGREEMENTS-.FOR SALE, AUTHORIZE THE CHAIRMAN TO SIGN AND AUTHORI7E THE- AUDITOR TO ISSUE WARRANTS UPON DEMAND OF THE COUNTY'S ESCROW AGENT. 13. Final .map - Pleasant Oak Subdivision - the developer has provided an irrevocable letter of credit to `guarantee construction of"improvements on the 25-lot subdivision, AP "42-07-169 and 170,: located on the east side of Alamo Avenue, 50O"feet south of East Avenue, Chico area - action requested - ACCEPT DEPOSIT BY DEVELOPER FOR TAXES OR~SPECIAL ASSESSMENTS WIiTCH ARE R LIEN, BUT NOT YET PAYABLE; APPROVE THE FINAL MAP; ACCEPT EASEMENTS AS GRANTED TN ITEMS B AND C OF THE OWNER'S CERTIFICATE ON BEHALF OF THE PUBLIC.; ACCEPT GRANT IN FEE SIMPLE, BRADFORD COURT, AS OFFERED TN ITEM A OF THE OWNER'S CERTIFICATE; AND AUTHORIZE THE CHAIRMAN TO SIGN THE SUBDIVISION AGREEMENT, I4, Gridley Judicial Di s.tri ct - appl i cat.i on for discharge from accountabi 1 i ty in accordance with the provisions of Government Code Section 25257 the court is requesting discharge"from accountability for collection of fine, assessment or penalty-for 37 cases totaling.~$10,860 - action requested - AUTHORTZE DISCHARGE FROM ACCOUNTABILITY FOR COLLECTION OF FINE, ASSESSMENT ~R PENALTY. I5, Budget transfer - 1982-83 El Medio Community.Development Block Grant Program - the consultant is recommending the transfer of .$70,000 from the rehabilitation acti vi ty~ ~to ~ the new construction acti:vi ty which wi l l allow construction of-two additional homes to be sold~unde r the county's Home Purchase Assistance Program - aeti"on requested --`APPROVE LETTER TO DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT REQUESTING APPROVAL OF TRANSFER. 16. .Acceptance of conveyance - 2221- "C" Street - action requested - AUTHORIZE THE CHAIRMAN TO SIGN CERTIFICATE OF ACCEPTANCE TO ALLDW RECORDATION OF DEED GRANTING TITLE TO BUTTE COUNTY. 17. Price, Price, Davis, Brawn ~& Kal sey - on behalf of the City . of Chico and J. Fossett, the attorneys make a claim against the county-far indemnity in an action (Glenn County Superior~`Court No. 19341} - action requested - REJECT CLAIM AND REFER TO COUNTY COUNSEL AND RISK MANAGEMENT COORDINATOR. Page 1.77. July 31, 1984 July 31, 1984 18. Daryl J. McKinstry, attorney - on behalf of Grace McIntire, submits a claim :in the amount of $55,000 as a result of alleged injuries sustained on April 19, 1984 in the vicinity of Butte County Courthouse - action requested - REJECT CLAIM AND REFER TO COUNTY COUNSEL AND RISK MANAGEMENT COORDINATOR. 19. Gerald B. Glazer, counselor=at-law - on behalf of~Timothy Stewart, Katrina Stewart and Timothy Stewart, Jr., a notice of claim has been received in the amount of $500,000 as a result of alleged injuries sustained on or about June 24, 1984 on Butte Meadows Road - action requested - REFER TO COUNTY COUNSEL AND RISK MANAGEMENT COORDINATOR FOR RECOMMENDATION. 20. JTPA Tile TTT annual plan - the annual plan for Title III displaced worker grant in the amount of $125,335 has been prepared by the PTC Planning Committee - action requested - APPROVE THE PLAN AND AUTHORIZE THE CHAIRMAN TO SIGN. 21. Jail Medical Services Profession~Agreement - an'agreement has-been prepared with Prison Health Services, Inc. ,. to provide professional medical services in-the jail. The contract .covers-the period August 30, 1984 through August 29, 1987 with the first year cost be-i~ng $234,768 - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIRMAN TO SIGN. 22. dater quality monitoring, Paradise Pines (CSA 4) - a~.~~contract has been prepared with'Robert L. Nevin, consulting engineer, to provide water quality monitoring services in 1984-85 in the amount of $3,565 - action requested - APPROVE CONTRACT AND AUTHORIZE THE CHAI-KHAN TO SIGN. 23. Emergency Medical Services Contract - a contract has been prepared with the State Emergency Medical: Servi ces Authority :in the amount of $25,177 revenue) to develop and improve the coordination~of emergency medical services between. the counties and regions - action requested - APPROVE CONTRACT AND AUTHORIZE THE CHAIRMAN TO SIGN. 24. Maternal., Child and Adolescent Health multi-year plan update application - an application in the amount~of $20;000 state funding has been prepared with the State Department of Health Services in order to identify the perinatal services that wi11 be accomplished during the period July 1, 1984 through June 30, 1987 - action requested - APPROVE APPLICATION AND AUTHORIZE THE CHAIRMAN TO SIGN. 25. Milk Testing Contract - an agreement-.has been prepared with the State Department of Food and Agriculture to provide milk sample testing services in the amount of $1,839.50 {revenue) in .1984-85 - action requested -- APPROVE CONTRACT ANO AUTHORIZE THE CHAIRMAN TO SIGN. .Page 1.78. July 31 , 1984 _ JUIy 31 , 1984 25. 1984-55 County Medical Services Program Contract - a contract has been prepared with the State Department of Health Services to allow the state to administer a medical services program for'certified eligibles in the county and is con- sistent with the Board approved Declaration of Intent of April 3, 1984 - action requested - APPROVE CONTRACT AND AUTHORIZE THE CHAIRMAN TO 5TGN. 27. Community Action Agency Child Care E'ood Program - Agreement No. 04-1153-5 has been prepared with the State Department of Education Office of Child Nutrition Services to continue providing nutritional services to Head Start children an estimated monthly operating expense and reimbursement of $5,528 - action requested ~ ACCEPT GRANT AWARD. 28. Gridley Senior Recreation Program - an. agreement has been prepared between the Community Action Agency and the City of Gridley in the amount of $12,655 (city, $5,111 and fees, $7,544} covering GRA providing technical services in the carrying out of the Gridley Senior Recreation Program - action requested - APPROVE CONTRACT AND AUTHORTZE.THE CHAIRMAN TO SIGN. 29. Gridley Memorial Hall Contract -- an agreement has been prepared between the county and Community Action Agency utilizing the Gridley'Veterans Memorial Hall to provide noon meals-for seniors. -The agreement is on a month-to-month basis from July 1, 1984 at a rate of $l 87 per month - action requested - APPROVE AGREEMENT. AND AUTHORIZE THE CHAIRMAN TO SIGN. 30. Choose Well ; Be Well Nutrition -Curriculum' - a=.contract has been received from the State Department of Education to conduct the Choose Wel1;. Be.We11 Nutrition Curriculum in Head Start classes during the 1984-85 school year.- Funding in the amount of $1,734 will 6e used to purchase instructional materials and food, curriculum guides and staff 'training - action requested - ACCEPT GRANT AWARD. 31. Authorization for advance funding - the Community Action Agency requests authorization for the Auditor to advance spending pending receipt of monies from the State Office of Economic Opportunity as part of an approved $20,000 weatF~erization program for 26 low-income households - action requested - AUTHORIZE ADVANCE SPENDING. 32. Communications. a. Strive Center, Paradise - requests revenue sharing funding in the amount of $2,000 - REFER TO BUDGET HEARINGS. b. League. of Women voters of Butte ::County - writes urging the Board to take several measures relating to ttSe nitrate problem in the Chico area - action requested - ACCEPT-FOR INFORMATION AND REFER TO ENVIRONMENTAL HEALTH DEPARTMENT. c. U. S. Department of Housing and Urban Development- submits its monitoring review report on .the 1981 and 1982 Community Development Block Grant Program - action requested - ACCEPT FOR 'i~CVFORMATION. .. d. U. S. Department of the Interior.- Fish- and Wildlife Service - forwards information on the approved-Butte Sink Land Protection Plan - action requested- ACCEPT FOR INFORMATION. Page 1.79. July 31, 7984 July 31 , 1984 MOTION: TO APPROVE CONSENT AGENDA M S VOTE: i Y 2 Y 3 AB 4 Y 5 Y (Carried) Regular Agenda. 84-605 Consideration of the Board's annual vacation - August 28, September 4 {.day after Labor Day} and September ll. (CONTINUED TO AUGUST 7, 1.984} (62) 84-606 Consideration of Butte County Water.Commission repart on AB 3631 (San Francisco Bay Protection} and 56 2196 (flood control - delta levees} - action requested - OPP05E AB 3631 AND SUPPORT SB 2196 TN .CONCEPT. (CDNTINUED FOR MORE INFORMATION FROM WATER COMMISSION REQUESTING A STATEMENT OF OPINION AND REASONS AS TO HOW THE COMMISSION ARRIVED AT THEIR OPPOSITION AND. SUPPORT FOR THE BILLS} (.78) 84-b07 Community Action Agency status report -- action requested - SET PUBLIC HEARING FOR AUGUST 14, 1984 AT 11:15 A.M. {_151} MOTION: TO SET HEARING AS INDICATED M S VOTE : l Y 2 Y 3 AB 4 Y 5 Y {.Carried} 84-608 Annual report of Public Defender Adv~~sory Committee and consideration of contract amendments with tRe Public Defender contract firms. (185} MOTION: TO MOVE FOR THE ACTION AS REQl7ESTED IN MEMO DATED JULY 20, 1984 TO TWE BOARD OF SUPERVISORS FROM SUPERVISOR DOLAN S M VOTE: i Y 2 Y 3 AB 4 Y 5 Y (Carried) 84-609 Report from Planning Commission regarding mitigation of school- impacts. (ACCEPTED REPORT WITH ADMINISTRATIVE OFFICE TO CHECK TO SEE WHEN WOULD BE THE BEST TIME TO PUT TOGETHER A MEETING BETWEEN THE BOARD AND THE SCHOOL DISTRICT) (356) '84-610 Report from Planning Commission regarding removal of second dwelling on parcel granted an "Aunt Minnie.".{REFERRED TO COUNSEL FOR OPINION AS TO THE OPTIONS LOOKING OVER BOTH BONDING AND LTENTNG PROCESSES AND TO REPORT BACK TO THE BOARD}'{464} 84-671 Foothills Water Resources Stady - as a result of SB 2320 and AB 2758, $70,000 may be available for alivcatian to Butte County for the conduct of a Foothills Water Resources Study. (587) MOTION: To apply for this $7Q,OOD.under AB 2758.- S M VOTE: l Y 2 Y 3 AB 4 Y 5 Y (Carried} Page i$0. July 31 , 1984 July 31 , 19.84 84-672 Closed Hearings 1. R.F.C. Surveyors, Tnc. = on behalf of Doe Mill Vineyards, appeals the Advisory Agency`s denial of a tentative parcel map (.item for which an environmental impact report has previously been certified}, AP 46-71-25, dividing 93.2 acres into fo«r parcels of ZO.0 acres each, property 1 ocated 300 feet south of Wi 1 der- •Dri ve, west ofi Z-i n~'ande7 • Drive, Doe Mi 17 • Ri dge area . 2. 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 environmenta7 impact has been recommended),.'AP 51-01-143, three parcels, property located on both sides of Doe Mili.Ridge, approxi- mately 800 feet north of Hummer`Road, Doe Mill Ridge area (CONTINUED TO AUGUST 7, 7984) (709) RECESS: 9:27 a.m. RECONVENE; 9:41 a.m. 84-613 Additional items from Board members to 6.e addressed at the end of the day (749) 1. Board of Supervisors' salary increase previously approved - Supervisor Moseley MOTION: MOVE TO RESCIND ACT TON TAKEN AND TO PUT THE PAY RAISE ON THE BALLOT SD THAT THE PEOPLE CAN VOTE FOR THAT. S M VDTE: 1 2 3 4 5 AMENDED MOTION: WAIVE THE .FIRST READING OF THE ORDINANCE RESCINDING ORDINANCE 2415.APPROVING THE BOARD DF SUPERVISORS' SALARY INCREASE. S M VOTE: 7 Y 2 Y 3 AB 4 Y 5 Y (Carried} MOTION;, MDTION OF INTENT TO ADOPT AN ORDINANCE FOR THE BDARD OF SUPERVISORS` SALARY TO INCLUDE RESTORING THE 70% SALARY CUT THE BOARD TOOK IN JULY, 1982; TD INCLUDE GIVING A 5% RAISE; TO RESCTND THE $315 PER MONTIi; AND THAT THE MILEAGE ALLOWANCE BE INCREASED FROM 20¢ PER MILE TD 25¢ PER MILE. S M VOTE: 1 N 2 Y 3 AB 4 N 5 Y (Failed) Page 181. July 31 , 1984 July- 31, 1984 Public Hearings -and Timed Items 84--674 Floyd and Penny Rea:dman - aGandonment of alleyway, Block 35, located. on Midway between Co1usa Avenue and Thermalito Avenue, extending 100- feet west from 6th Street, AP 31-34-7-08, Thermalito. (.1410} MOTION: TO APPROVE THE ABANDONMENT FOR FLOYD AND PENNY READNIAN WITW THE CORRECTION TO THE LOCP;TION TO REFLECT ABANDONMENT OF ALLEWAY, BLOCK 35; LOCATED MIDWAY BETWEEN COLUSA AVENUE AND THERMALITO AVENUE, EJ~TENDING THE FULL LIMIT OF THE BLOCK FROM 6TH STREET TO 7TH STREET, THERMALITO AND TO ADOPT RESOLUTION 84-128 S M VOTE: l Y ~ 2 Y 3 R8 4 Y 5 Y (Carried} 84-615 1984-85 final budget hearing (_145.7} a. Assessor's report on 1984-85 assessment roll. b. Auditor-Controller's final status report - financial condition. c. Chief Administrative 0-Ffi cer' s report - financial status fore cast - final budget recommendations. (:CONTINUED TO .AUGUST 6, 1984) d. 5peci al Districts - report on Speci al District augmentation funds. (CONTINUED TO AUGUST 5, 1984} e. Retired employees' request for increases. MOTION: TO AUTHORIZE THE ACTUARIAL STUDY TO BE DONE S M VOTE: l Y 2 Y 3 AB 4 Y 5 Y (.Carried) f. Scheduling of hearings and consideration of revenue sharing and final budget. MOTION: TO CONTINUE BUDGET HEARINGS TO AUGUST 6; 8 AND 9, 1984 AT 10:00A.M. S M VOTE: 7 Y 2 Y 3 AB 4 Y 5 Y (Carried} RECESS: 10:55 a.m. RECONVENE: 11:10 a.m: 84-616 Recognition of pe rsons wishing to speak. (344} 1. Russ Croninger - school di`strict'fees and information on Doe Mill Vineyards and Larry LudWi'g:. tentative°parcel-maps. Page 182. July 31 , 1984 July 31, 1984.. 2. Norma Smith - rescinding of Board of Supervisors' salary increase. 3. C. 0. Patterson - voting for only one Supervisor, the Constitution, the library and Judge Rix. 4. Nell Lind - rescinding of Board~of Supervisors' salary increase. 5. Cindy Schans - Proposition 36 and the problems~it will create: 84-617 Continued hearing - Robert Berndt -proposed negative declaration regarding . environmental impact and rezone from "TM-20":(timber mountain - 20 acre parcels) to "TM-5" (.timber mountain - 5 aere.parce~ls} located-southwest of the intersection of Coutolenc Raad and Hupp~Coutolenc-Road, approximately 1-3/4 miles east of De5a61a identified as AP 65-01-20; north of Magalia. (7112) (.CONTINUED TO AUGUST 7; 1984 AT 70:30 A.M.} 84-678 Additional items from Board .members to be addressed at the end of the day. (1139) 1. Welfare and.warkfare article in San Francisco Cronicle - Supervisor Fulton (MATTER TO BE RFFERRED~TO WELFARE DIRECTOR-FOR REPORT:ON FEASIBILITY OF ._ :USING THE WORKFARE PROGRAM SIMT~LAR TO SAN MATEO COUNTY} Re ular Agenda 84-619 Consideration of the Board's annual vacation -:August 28, September 4 (day after Labor Day} and .September 11. (1239)'(CONTINUED TO AUGUST 7, 1984} CLOSED SESSION: The Board recessed at 11:40 a. m. to hold a closed session on litigation RECONVENE: The Board reconvened at 12:00 fallowing a closed session on litigation (NO ACTION TAKEN} RECESS: The Board recessed at 12:01 p.m. to reconvene on Monday, August 6, 1984 at 10:00 a.m. Page 183. July 31, 1984