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HomeMy WebLinkAboutM080283+*+r+++aa+~~~' ~,• O~ S I1p~, •. rrarrrfrr +~ . •r •r •. 4: ' o 'OQ` ~~ '~'~~ ~ BOARD OF SIJPERV150R5 :CA^ MINUTES iC~' ^ ~ • * ~ . ~ ~ ~ ~ R • ~ JANE DO LAN, tad Distr~e c, CHAIR AL SARACEYI, lse Diacnct -• __ ._ .... _. : ~'. :~ ~~~ ~~~ ~ `~ ~ 1 ra HILDA WHEELER,.3 rd Dis erw: BERTHA StOSELEY, +th Diatrtc: . ! ' r. •ra •• 1~ LEN FVLTO N SthDiatnet ,7 •~~i6r- ~~ •r~f ~•r~ , \.J( ~~~~~a!!l+~~1 August 2, 1983 Call to order - Board of Supervisors room, County Administration Center, 25 County Center Arive, Oroville. Present: Supervisors Fultonr Saraceni, Wheeler and Chair Dolan; Mike Pyeatt, interim administrative officer; Del Siemsen, county counsel; and, Eleanor M. Becker, county clerk, by Rubye Townsley, deputy clerk. Absent: Supervisor Moseley Pledge of allegiance to the Flag of the United States of America. Invocation - Supervisor Saraceni 83-639 CLOSED SESSION: The Board recessed at 8:06 a.m, for a closed session on negotiations and litigation. RECONVENE: The Board reconvened at 9:10 a.m. following a closed session. (NO ANNOUNCEMENTS MADE) 83-640 Additional items from Board members to be addressed at the end of (26) the day: 1. Discussion of an item relating to Governor of California. - Supervisor Saraceni. 2. Discussion of the possible formation of a Water Commission. - Supervisor Fulton. 83-641 Items removed from the Consent Agenda for separate consideration: 1. Ordinance amending §2-20.1B changing the period of written notice for removal from office to 180 days relative to the position of Chief Administrative Officer. 2. CETA FY 80-81 Audit Report - Department of Labor regulations provide a comment period prior to final determination of the FY 8-81 CETA audit. Comments have been submitted on the initial determination. Final comments are to be filed by August 11, 1983. Paye 130 August 2, 1983 August 2, 1983 83-642 ?, Consent Agenda 1. Approval of minutes - July 26, 1983. Action requested: APPROVE MINUTES. 2. Budget transfers - year end closing. Action requested: APPROVE BUDGET TRANSFERS B-278, B-279, B-282, B-283, 8-284, B-285 and B-286. 3. Vincent H. Dilley - renewal of variance to §19-10 and/or §19-12 of the Butte County Code for placement of a mobile home on AP 27-17-09, 291 Alta Airosa Drive, Oroville area; zoning: A-5. Action requested: APPROVE VARIANCE RENEWAL. 4. Gerald Sizelove - renewal of variance to §19-10 and/or §19-12 of the Butte County Code for placement of a mobile home on AP 25-22-067, 191 Watt Lane, Oroville area; zoning: A-5. Action requested: APPROVE VARIANCE RENEWAL. 5. Butte County display at Los Angeles County Fair. Action requested: AUTHORIZE PROSPECTOR DISPLAYS TO CONSTRUCT DISPLAY ON BEHALF OF BUTTE COUNTY AT NO COST TO THE COUNTY WITH ALL PREMIUMS, PRIZE MONIES AND AWARDS TO BE PAID TO PROSPECTOR DISPLAYS. 6. Application for discharge from accountability for collection of fine, assessment or penalty (Government Code §25257) - Gridley 3ustice Court. Action requested: AUTHORIZE DISCHARGE FROM ACCOUNTABILITY. 7. Renewal of Workers' Compensation claims agreement with Gates, McDonald. Action requested: APPROVE AMENDMENT TO SERVICES AGREE- MENT WITH GATES, Mc DONALD WITH THE PER CLAIM FEE OF $115 COMMENCING JULY 1, 1983, PER CLAIM FEE OF $120 COMMENCING JULY 1, 1984. 8. Mental Health Services 1983-84 contracts and extensions are offered at the current funding levels: Work Training Center - three month extension; Esplanade Manor - three month extension; Community Living Centers - three month contract; oroville Medical Center Hospital FY 83-84 contract emergency room services; Chico Community Memorial Hospital FY 83-84 contract emergency room services; Louis G. Nuernberger, M.D. - FY 83-84 contract for psychiatric services; William H. Lorack, M.D. - FY 83-84 contract for psychiatric services; and, Crestwood Manor - FY 83-84 providing placement at Crestwood facilities. Action requested: APPROVE CONTRACTS 5UBJ'ECT TO REVIEW BY THE AUDITOR-CONTROLLER AND COUNTY COUNSEL. 9. Agreements with Adjustco and George Hills Company to provide adjusting and investigating services on general liability claims collectively not to exceed $20,000 FY 83-84. Action requested: APPROVE AGREEMENTS. 10. CAA - Choose Well - Be Well Curriculum 1983-84 to provide nutritional education at Butte County Head Start not to exceed $2,000. Action requested: APPROVE AGREEMENT ANA AUTHORIZE USE OF COUNTY FUNDS UP FRONT WHILE AWAITING REIMBURSEMENT. Page 13I August 2, 1983 August 2, 1983 111. CAA= - Department of Education - Nutritional Education Program 1983-84. Action requested: APPROVE NUTRITION EDUCATION GRANT FOR THE "MENU DESIGN FOR CHILD NUTRITION PROGRAMS" IN COOPERATION WITH BUTTE COLLEGE AND AUTHORIZE USE OF COUNTY DOLLARS FOR PROGRAM OPERATION NOT TO EXCEED $5,000 WHILE AWAITING REIMBURSEMENT. 12'.> Butte_ County Library Trust - in accordance with Government Code §25355 accept donations as follows: $100 from Fraternal Order of the Eagles, Ladies Auxiliary Chico and $100 from Fraternal . Order of the Eagles, Ladies Auxiliary #196, Oroville, Action requested: ACCEPT DONATIONS. 13.1- Salary Ordinance amendment - provides for implementation of a portion of the Sheriff's reorganization plan by retitling jailer classifications to correctional officers with no change in salary or benefit status. Action requested: WAIVE SECOND READING AND ADOPT ORDINANCE 2361. 14., Appointment of William Thompson as Acting Executive Director of the Butte County Community Action Agency to be effective August 22, 1983. Action requested: MAKE APPOINTMENT. 15. Mount Shasta Townshouses Condominium Subdivision: AP 44-053-98, eight units on one lot, on the south side of Shasta Avenue, 250 feet east of Esplanade, Chico area. Frontage improvements have been constructed and construction of drainage facilities is a requirement of obtaining a building permit. Action requested: ACCEPT DEPOSIT BY DEVELOPER OF $204.91 FOR TAXES OR SPECIAL ASSESSMENTS WHICH ARE A LIEN BUT NOT YET DUE OR PAYABLE; APPROVE FINAL MAP; ACCEPT PUBLIC UTILITY EASEMENTS AS OFFERED IN THE OWNER'S CERTIFICATE ON BEHALF OF THE PUBLIC. 16. Jay Halbert - rezone (item on which a supplement has been prepared for a previously certified environmental impact report) from A-SR (agricultural suburban residential) to PA-C (planned area cluster) of 20.74 acres to allow a 98 unit residential development on property located approximately 900 feet west of Oak Lawn Avenue, on the south side of West Sacramento Avenue, identified as AP 43-27-08, 43-29-12, and 43-29-15 (portion), Chico. Action • requested: SET PUBLIC HEARING FOR AUGUST 23, 1983, AT 10:30 A.M. 17. Claim - a claim has been submitted by the City of Chico from circumstances involving Wayne Marcel Corner vs. Herbert Peter Hogue, et al. Action requested: DENY CLAIM, REFER TO COUNTY COUNSEL AND RISK MANAGER. 18. Claim - a claim has been submitted in the amount of $300,000 by Mr. Anoop Singh Dulai & Son on an issue regarding drainage and damage to kiwi crops. Action requested: DENY CLAIM AS BEING LATE, REFER TO COUNTY COUNSEL AND RISK MANAGER. 19. Claim - a.claim has been submitted by the County of Glenn, Glenn County Board of Education and Glenn County Superintendent of Schools regarding the case of Scott Alan Blaylock vs. James Todd Black. Action requested: DENY CLAIM, REFER TO COUNTY COUNSEL AND RISK MANAGER. MOTION: TO APPROVE CONSENT AGENDA WITH THE DELETION OF ITEMS PREVIOUSLY MENTIONED. $ M VOTE: l Y 2 Y 3 Y 4 A 5 Y (Motion carried) Page 132 August 2, 1983 August 2, 1983 83-642 Ordinance amending ~2-20.1B changing the period of written notice for (80) removal from office to 180 days relative to the position of Chief Administrative Officer. Action requested: WAIVE SECOND READING AND ADOPT ORDINANCE. MOTION: TO WAIVE SECOND READING. M S VOTE: 1 N 2 Y 3 Y 4 A S Y {Motion failed) ,(ORDINANCE READ INTO THE RECORD) MOTION: TO ADOPT ORDINANCE 2362. M S VOTE: 1 N 2 Y 3 Y 4 A 5 Y (Motion carried) 83-643 CETA FY 80-81 Audit Report - Department of Labor regulations provide (212) a comment period prior to final determination of the FY 80-81 CETA audit. Comments have been submitted on the initial determination. Final comments are to be filed by August 11, 1983. Action requested: AUTHORTZE STAFF RESPONSE TO BE FORWARDED TO DOL DURING COMMENT PERIOD. MOTION: TO APPROVE THE ACTION AS REQUESTED. M S VOTE: l Y 2 Y 3 Y 4 A S Y (Motion carried) Regular Agenda 83-644 Federal Emergency Food and Shelter Program - rescind Resolution 83-115 (335) authorizing grant application in the amount of $37,325. Action requested: RESCIND RESOLUTION. (4 votes required) MOTION: I WOULD MOVE FOR THE ACTION REQUESTED, INCORPORATING OUR RECOMMENDATION THAT THE DEPARTMENT OF SOCIAL SERVICES CONTRACT WITH UNITED WAY S M VOTE: l Y 2 Y 3 Y 4 A 5 Y (tdotion carried) 83-645 Penalty abatement requests --change of ownership reports. MOTION: TO APPROVE THE FOLLOWING PENALTY ABATEMENT REQUESTES: MARY E. FORD - AP 038-17-0-012-0; CAROLE J. GORDON - AP 036-47-0-019-0; MR. & MRS. ROY L. SHEPARD - AP 076-28-0-006-0; DONNA D. DANIELS MILES - AP 053-18-0-129-0; MR & MRS. JOHN LANE - AP 041-47-0-090-D; ALBERT P FISHER - AP 064-56-0-041-0; PAUL S. BEGBIE - AP 065-33-0-045-0; VICTOR & LUCRECIA GRAY - AP 033-36-0-032-0 - NEw 033-36-0- 079-0; MR. & MRS. DALE G. GRAY - AP 043-11-2-020-0; AGUSTIR CARRILLO - AP 026-23--0-053-0; MORENE E. NAULT - AP 047-10-0-024-0; DAVID M. TEMPLE -- AP 045-09-4-005-0; ROSENDA C. SCHONS - AP 071-OS-0-001-0; WILLIAM L. ADAMS - AP 005-12-2-009-0; AND, RAMIRO MEDRANO - AP 027-31-0-016-0 AND 026-23-0-053-0. S M VOTE: l Y 2 Y 3 Y 4 A 5 Y (Motion Carried) Page 133 August 2, 1983 August 2, 1983 83-64b CETA/JTPA computer upgrade - the Department of Labor and the Governor (404) have released the freeze on upgrading ADP equipment. DOL will authorize use of existing CETA funds for upgrading the county's Prime computer to meet JTPA needs. Action requested: AUTHORIZE THE PURCHASING OFFICER TO NEGOTIATE ACQUISISTiON OF THE FOLLOWING EQUIPMENT: 1 - 1600, 75 IPS TAPE BRTVF,; 1 - 512K MEMORY BOARD; 1 - 8-LINE AMLC PORT BOARD; 3 - ADDS VIEWPOINT TERMINALS. MOTION: I WOULD MOVE TO AUTHORIZE THE APPROVAL OF THE FUNDING;AND.~ PRIOR TO PURCHASE BEING MADE, FINAL REVIEW BY BOARD AND DATA PROCESSING COMMITTEE. M S VOTE: Z Y 2 Y 3 Y 4 A 5 Y (Motion carried) 83-647 Continued closed hearing - Richard L. Stewart and Bruce Parks - abandon- (543) ment of portion of E. Lindo Avenue between Mangrove Avenue and E. 9th Avenue, Chico. (CONTINUED TO AUGUST 23, 1983) 83-648 Proposal for specific committee and guidelines for committee to study (607) Department of Fish and Game concerns. (From 7/26/83) (SUPERVISOR FULTON RECOMMENDED TO THE BOARD THAT A COMMITTEE OF SEVEN MEMBERS COMPOSED OF AN INDEPENDENT PLANNER, A PROFESSIONAL ENVIRONMENTAL PLANNING CONSULTANT, AN ENGINEER, PLANNING COMMISSIONER, MEMBER OF FISH AND GAME COMMISSION, LANDOWNER, MEMBER FROM THE STATE FISH AND GAME DEPARTMENT BE ESTABLISHED FOR THE PURPOSE OF MAKING RECOMMENDATIONS TO THE BOARD REGARDING DEER HERDS AND MIGRATORY MANAGEMENT AND FOR THE STUDY TO BEGIN SEPTEMBER 1, 1983, FOR 120 DAYS.) MOTION: TO ADOPT THE PURPOSE, MEMBERSHIP AND THE POSTING OF THE IDENTIFIED CATEGORIES AND THE TERMS. S M VOTE: l Y 2 Y 3 Y 4 A 5 Y (Motion carried) 83--649 Petition asking for work along Lindo Channel removing build--up of rock (680) and sand. (From 7/26/83) MOTION: TO AUTHORIZE WORK IN THE CHANNELS WITHIN CSA 24, AND PENDING FINAL BUDGET ADOPTION, FOR A MAXIMUM OF $25,000. M S VOTE: l Y 2 Y 3 Y 4 A 5 Y (Motion carried) 83-650 Discussion of hydro project - Forks of the Butte. (COUNTY COUNSEL TO (854) BRING FORWARD AGAIN AS SOON AS ADDITIONAL INFORMATION IS OBTAINED) 83-651 A. Board of Supervisors.- referral to the Planning Commission for the (1038) area generally known as the Be11-Muir area located in northwest Chico (bounded on the west by the Southern Pacific Railroad tracks, on the south by East Avenue and Renshaw Avenue, on the east by Alamo Avenue and on the north by Bell Road and Muir Avenue) is designated as a "Study Area No. 1." This designation shall be in addition to that shown on the Chico Area Land Use Plan Map. B. Board of Supervisors - consideration of an amendment to the Land U~ Element of the Butte County General Plan pursuant to Government Code §65356.1 The proposed amendment is to revise zoning policies applicable to the Chico Area Land Use Plan. Action requested: DIS- CUSSION ON POSSIBLY SETTING A PUBLIC HEARING DATE. (PUBLIC HEARING DATE SET FOR OCTOBER 18, 1983, AT 1:30 P.M.) Page 134 August 2, 1983 August 2, 1983 83-652 Appointment of a Citizens Advisory Committee for Transportation Element (1215) of the General Plan. Action requested: APPOINT CITIZENS ADVISORY COMMITTEE. MOTION: TO ADOPT THIS FORMATION OF A CITIZENS ADVISORY COMMITTEE TO REVISE THE TRANSPORTATION ELEMENT OF THE GENERAL PLAN AND PROVIDE INPUT TO THE COUNTY PLANNING COMMISSION BEFORE HEARINGS ON THIS ELEMENT COMMENCE. THIS IS TO BE A 34- MEMBER COMMITTEE, AS RECOMMENDED BY THE MEMO FROM PLANNING DEPARTMENT DATED JULY 27, 1983. S M VOTE: 1 Y 2 Y 3 Y 4 A S Y (Motion carried) 83-653 Establishment of a density policy for A-2 zoning districts. (Super- (1384) visor Dolan - from 7/19/83) MOTION: THAT WE REFER THE A-2 DENSITY ZONINO TO STAFF FOR DELIBERATION AND TO PLANNING COMMISSION FOR REVIEW. S M VOTE: 1 Y 2 Y 3 Y 4 A 5 Y (Motion carried) RECESS: 10:05 a.m. RECONVENE: 10:19 a.m. Public Hearings & Timed Items 83-654 Eldon Richert - Shield Surveying Service, on behalf of Eldon Richert, (1640) appeals the Advisory Agency's decision to deny the tentative parcel map for AP 40-16-18, four parcels on the south side of Cummings Lane, 400 feet west of Lott Road. (CONTINUED TO AUGUST 23, 1983, AT 10:00 A.M.) 83-655 Communications (1746) 1. Jane Mickelson, spokesperson - residents Palmetto Avenue, Chico - requests that attention be given to the Palmetto Avenue problem of speed and safety. (REFER TO PUBLIC WORKS TO RESPOND WITH APPROPRIATE RECOMMENDATIONS} 2. Department of Health and Human Services - requests that the rental fee for the use of Veterans Memorial Halls. in Gridley and Paradise be waived. (REFERRED TO PUBLIC WORKS TO CONFER WITH HALL COMMITTEES AND BRING BACK RECOMMENDATIONS TO THE BOARD) 3. U.S. Department of Agriculture - Forest Service provides information and notice that receipts from sales of timber in the Bullards Bar Reservoir project held in a suspense account since 1967 are proposed for use to acquire private lands in the Truckee River vicinity. (INFORMATION ONLY) 4. Allen R. Kennedy, Chico - provides his views on drainage in the Nord area, Rook Creek and Mud Creek drainage areas. (SUPERVISOR WHEELER TO RESPOND) Page 135 August 2, 1983 August 2, 1983 5. Employment Development Department - provides notice of a conference on employment and training implementing JTPA in California August 16 and 17, 1983, Woodlake Inn, Sacramento. (INFORMATION. BUTTE COUNTY HAS BEEN DESIGNATED AS A SERVICE DELIVERY AREA, P.I.C. HAS BEEN CERTIFIED, AND THE FIR5T MEETING OF P.I.C. WILL BE WEDNESDAX, AUGUST 10, 1983 AT 2:00 P.M.) 6. Department o£ Education -,provides notice that the modification on the non-financial agreement for CETA in the amount of $24,821 and $128,608 has been approved. (INFORMATION) 7. David Forsman, Chico - appeals the Planning Commission's denial for a use permit to allow the segregation of a one acre homesite on property zoned A-5 (agricultural 5 acre parcels) located on the south side o£ Rodeo Avenue, 1/4 mile west off Nord Avenue, identi- fied as AP 42-OS-26, Chico. Mr. Forsman wishes to have a public hearing set at a time immediately following the public hearing discussed in Item 4.04. (PUBLIC HEARING SET FOR OCTOBER 25, 1983, AT 10:00 A.M.) 8. Michael Glaze, Oroville - submits a request for Board initiated rezone on AP 72-01-09, 10, 11 and 12. (REFERRED LETTER TO PLANNING COMMISSION TO BE CONSIDERED WHEN INITIATING REZONE IN OROVILLE AREA) 9. Butte County Water Users Association - provides information and their support on Senate Constitutional Amendment No. 16 and provide additional language. (INFORMATION. SUPERVISOR WHEELER TO REQUEST A COPY OF THE AMENDMENT} 10. Town of Paradise - Richard L. Crabtree, mayor, provides Town of Paradise Resolution 83-32 supporting the expansion of the Butte County Intercity Transit System to the Paradise Pines area and requests Board consideration of same. (DEALT WITH BY BCAG) Public Hearings & Timed Items 83-656 Rock Creek Estates Tentative Subdivision - Mike Dehnke appeals the (2157) Advisory Agency's decision to approve the Rock Creek Estates Tentative Subdivision, AP 47-23-25, 30 lots plus common area approximately 6,400 feet north of Keefer Road and Cohasset Highway intersection, on the north side of Cohasset Road, north Chico area. MOTION: I WOULD MOVE TO UPHOLD THE ADVISORY AGENCY'S DECISION TO APPROVE THE SUBDIVISION MAP WITH ALL THE ATTACHED MITIGATION MEASURES AND DENY THE APPEAL. ~~ 00 S M VOTE: 1 2 3 4 5 (Motion withdrawn) (CONTINUED TO AUGUST 9, 1983, TO ALLOW TIME FOR MORE INFORMATION TO BE OBTAINED. BOARD DIRECTS PLANNING ANB LAND DEVELOPMENT STAFF TO LOOK AT POSSIBLE CHANGES IN STANDARDS TO PARCEL MAPS AND INFORMATION ON WHAT SHASTA AND EL AORADO COUNTIES ARE DOING) 83-657 Recognition of persons wishing to speak: (l85) 1. Tony Gehringer, Assistant Assessor, 'presented Board with :_ report on 1982-83 Assessment Roll. 2. Bob Crisan, Welfare Director regarding wage and benefits increase request for department heads. Page 136 August 2, 1983 August 2, 1983 83-658 Additional items from Board members to be addressed at the end of the day: 1. A proposal to establish a Butte County Water Commission composed of 7 members to inform the Board on water concerns, and to provide a liaison between the Board and water users. - Supervisor Fulton (TO BE CONSIDERED ON AUGUST 9, 1983) 2. A report that the Governor had signed AB 163 easing energy regula- tions, and a request that this be discussed by the Board. - Super- visor Saraceni. (TO BE ON THE AGENDA OF AUGUST 9, 1983) RECESS: 11:15 a.m. RECONVENE: 11:30 a.m. Public Hearings & Timed Items 83-659 Paradise leash law boundaries and ordinance. (595) MOTION: TO WAIVE THE FIRST READING OF THE ORDINANCE. S M VOTE: l Y 2 Y 3 Y 4 A S Y (Motion carried) SUPERVISOR MOSELEY PRESENT AT THIS TIME 83-660 Special District Augmentation Fund. (THE PURPOSE OF THE HEARING (803) WAS TO RECEIVE INPUT REGARDING THE USE OF SPECIAL DISTRICT AUGMENTATION FUNDS. TESTIMONY RECEIVED FROM: BILL TEIE, FIRE DEPARTMENT; ERNIE REYNOLDS, SPECIAL DISTRICTS ASSOCIATION; ADELE HAGENS, CITIZEN; JERRY HUGHES, CHICO AREA PARK DISTRICT; LOTS MCDONALD, HISTORICAL SOCTETY; THAD WAKFNIAN, CITIZEN; DR. HAZELTINE, MO54UIT0 ABATEMENT DISTRICT; DAVLD JONES, PINECREER CEMETERY DISTRICT; DENNIS LEE, EL MEDIO FIRE DISTRICT; CANDY GRUBBS, *~* OROVILLE CEMETERX DISTRICT; ROBERT PENNINGTON, DRAINAGE DISTRICT #1; 000 HAL HIGGTNS, FEATHER RIVER RECREATION & PARK DISTRICT; AND, TERRY ASH, PARADISE RECREATION DISTRICT. THE BOARD CALLED A MEETING FOR THURSDAY, AUGUST 4, AT 10:00 A.M. OF A COMMITTEE COMPOSED OF A REPRE- SENTATIVE FROM EACH OF THE SPECIAL DISTRICTS, A REPRESENTATIVE FROM THE AUDITORS OFFICE, A REPRESENTATIVE FROM THE ADMINISTRATIVE OFFICE, AND SUPERVISOR FULTON FOR THE PURPOSE OF DISCUSSING: (1) WHAT A 50g REDUCTION IN ALLOCATION WOULD MEAN; (2) WHAT PERCENTAGE THE AUGMENTATION FUND REPRESENTS IN EACH DISTRICT; (3) POSSIBLE CHANGES AT THE STATE LEVEL, AND THEIR EFFECTS; AND, (4) POSSIBLE FORMATION OF DISTRICTS TO PROVIDE COUNTY-WIDE FIRE PROTECTION. BOARD TO MAKE DECISION ON TUESDAY, AUGUST 9, 1983 AT 11:45 A.M~) CLOSED SESSION: The Board recessed at 12:52 p.m. for lunch and a closed session on litigation. RECONVENE: The Board reconvened at 3:55 p.m. following a closed session. (NO ANNOUNCEMENTS MADE) RECESS: There being nothing further before the Board at this time the meeting was recessed until Monday, August 8, at 10:00 a.m. Page 137 August 2, 1983