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1 =~? BOARD OF SUPERVISORS
MINUTES '*; *C
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HILDA WHEELER, 3rd Diseric t. CHAIRMAN
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AUgUSt 24 1982 • + i ~ttr •
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• AL SARACENI. le[ Die [ric[
JANE DOLAN, 2nd District
HERTFiA MOSELEY. 4th District
LEN FULTON. 5th District
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TIDIE ITEb4 NO.
9:00 a.m. Call to order - Board of Supervisors room, County Adminis-
tration Center, 25 County Center Drive, Oroville
Present: Supervisors Dolan, Fulton, Saraceni and Chairman
ivheeier; 2dike Pyeatt, interim administrative officer; Del
Siemsen, county counsel; and Eleanor M. Becker, county clerk,
by Rubye Townsley, deputy. Absent: Supervisor Moseley.
Pledge of allegiance to the Flag of the United States of
America.
Invocation. (Supervisor Saraceni)
82-1311 Approval of minutes - August 17, 1982.
MOTION: TO APPROVE MINUTES OF AUGUST 17, 1982.
2 ni
VOTE: l Y 2 Y 3 Y 4 A 5 Y (motion carried)
82-1312 Additional items from Board members to be addressed at
the end of the day.
a. Marriage licenses )
b. Illegal kennel ) -Supervisor Dolan
c. Ballot measure )
d. Fish restaurant )
e. Letters for the record - Chairman Wheeler
82-1313 Pulled from the consent agenda for separate consideration:
Merger of the Drug and Alcohol Programs
Certification of Law Enforcement Petition
Contracts - Jail construction portion only
• CETA fiscal year 83 final plan
::ETA plan review
CETA Summer Youth Program
Ordinance relative to parking commercial vehicles
-~ Resolution - 1982-83 final budget.
82-1314 Consent Agenda
Budget transfers.
Penalty abatement requests - change of ownership reports.
Action requested: APPROVE PENALTY ABATEMENT.
Sean F. Curran -- abandonment of road rights-of-way, South
Thermalito Subdivision, Larkin Road. Action requested:
ADOPT RESOLUTION 82-132 OF INTENT TO ABANDON, SETTING A
PUBLIC HEARING FOR SEPTEMBER 28, 1982, AT 10:15 A.M.
Resolution approving notice of intent to sell tax deeded
property. Action requested: ADOPT RESOLUTION 82-133 AND
AUTHORIZE CHAIRMAN TO SIGN.
Page 308.
August 24, 1982
Salary ordinance amendment - to reclassify and reallocate
vacant positions in the County Salary Ordinance. Action
requested: WAIVE THE 5SCOND READING AND ADOPT ORDINANCE
230 5.
Resolution authorizing execution of Program Supplement
No. 27 reference railroad crossing protection on Bennett
Road at SPTC Crossing No. C-194.3. Action requested:
ADOPT RESOLUTION 82-134 AND AUTHORIZE CHAIRMAN TO SIGN.
Resolution to consolidate the Special Recreation Districts
election with the General Election November 2, 1982.
Action requested: ADOPT RESOLUTION 82-135 AND AUTHORIZE
CHAIRMAN TO SIGN.
Claim by David G. Reding, III, in the amount of $100,000
regarding an investigation conducted by Sergeant Scott
McKenzie on or about May 25, 1982. Action requested:
DENY CLAIM.
Annexation to County Service Area 67 of Vista Del Cerro Unit
#2 - a petition has been Submitted initiating proceedings
for annexation of Vista Del Cerro Unit #2 to County Service
Area 67 for street lighting. LAFCo has approved the
annexation. Action requested: ADOPT RESOLUTION 82-136,
SETTING A PUBLIC HEARING FOR SEPTEMBER 28, 1982, AT 10:30 A.M.
Contracts and contract amendments. Action requested:
APPROVE CONTRACTS AND AUTHORIZE CHAIRMAN TO SIGN.
Contractor Amount Term Purpose
Esplanade $97,734.00 FY 82-83 Regional 24-hour
Manor (to be paid) care facility-
Chico Mental Health
Work Training $150,617.00 FY 82-83 Work experience -
Center (to be paid) Mental Health
Contractor - $6,115.00 Change Project 44191-75-I
Dayton Rd. (to be gaid) Order to lower depth of
#1 pier footings
Contractor - $4,800.00 Change FAS#Y-742(3) - FAU
Skyway rd. (to be paid) Order #M-Y742(1) -
const. #1 additional excava-
tion to construct
embankment
Contractor $11,053.50 Change Increase shoulder
Skyway rd. (to be paid} Order width and drain-
const. #2 age facilities
Contractor $8,000.00 Change Excavation and
Skyway rd. (to be paid) Order embankment
const. #3
Matson & Tsom $210.00 Contract To cover audit required
amend. for closure of
1980-81 HCD grant
City of Biggs -0- Contract Shortens notice period
amend. for cancellation
from 90 to 45 days
Do-It/WTC $10,370.00 7-1-81 to Rehabilitative programs
(to be paid) 9-30-81 Mental Health Dept.
Page 309.
August 24. 1982
Contractor Amount Term Purpose
State Dept. $49,321.00 FY 82-83 Licensing contract for
of Social (to be paid) foster family homes -
Services no match required -
Welfare Department
U.S. Forest $6,000.00 FY 82-83 Marijuana eradication
Service (to be recd) on public lands -
Sheriff
Ordinance amending Section 14 of the Butte County Code relative
to parking commercial vehicles weighing 10,000 pounds or more
in residential areas. (CONTINUED TO SEPTEMBER 21, 1982)
Establishment of service charges for various county service
areas in accordance with Government-Code Section 25210.77a.
Action requested: AUTHORIZE REPORT TO BE FILED WTTH THE CLERK
OF THE BOARD AND SET PUBLIC HEARING FOR SEPTEMBER 14, 1982,
10:30 A.M.
Resolution providing for loans to County Service Areas 61, 62,
68, 69, 72, 73 and 74. Action requested: ADOPT RESOLUTION
82-137 APPROPRIATING MONIES TO THE COUNTY SERVICE AREA LOAN
FUND AS INDICATED AND AUTHORIZE CHAIRMAN TO SIGN.
Ordinance - adding five Deputy Sheriff's positions. Action
requested: WAIVE FIRST READING.
MOTION: APPROVE CONSENT AGENDA WITH ITEMS DELETED.
S M
VOTE: l Y 2 Y 3 Y 4 A S Y (Motion carried)
82-1315 The Directors of Public Health and Mental Health recommend
the merging of the Drug and Alcohol Control Programs under
the Mental Health program. Action requested: AUTHORIZE
THE PERSONNEL DIRECTOR TO PREPARE THE APPROPRIATE SALARY
ORDINANCE AMENDMENT TRANSFERRING POSITIONS TO THE MENTAL
HEALTH DEPARTMENT TO FORM A DRUG AND ALCOHOL CONTROL PROGRAM.
MOTION: TO APPROVE ACTION AS REQUESTED.
M S
VOTE: l Y 2 Y 3 Y 4 A 5 Y (Motion carried}
82~,~t3'~6 Certification of Law Enforcement Petition - resolution of the
Board of Supervisors to consolidate with the November election.
MOTION: TO ADOPT RESOLUTION 82-138 ORDERING INCLUSION OF AN
ADVISORY MEASURE ON THE BALLOT OF THE GENERAL ELECTION
RELATIVE TO FUNDING OF LAW ENFORCEMENT STAFFING AND
RELATED EXPENSES: "ARE THE TAXPAYERS OF BUTTE COUNTY
WILLING TO SUPPORT ADDITIONAL TAXES AND/OR AUTHORIZE
CREATION OF ASSESSMENT DISTRICT TO FUND MANDATED LAW
ENFORCEMENT STAFFING LEVELS AND RELATED EXPENSES FOR
THE SHERIFF'S PATROL DIVISION, JAIL DIVISION, DISTRICT
ATTORNEY AND WELFARE DEPARTMENT?"
VOTE: l Y 2 Y 3 Y 4 A S Y (Motion carried)
MOTION: TO ADOPT RESOLUTION 82-139 AUTHORIZING THE CERTIFICATION
OF THE LAW ENFORCEMENT PETITION FOR THE BALLOT.
S M
VOTE l Y 2 Y 3 Y 4 A 5 Y (Motion carried)
82--1317 Additional items from Board members to be addressed:
Supervisor Dolan discussed with the Board an additional item
which she would like to see on the November ballot.
MOTION: TO INCLUDE ON THE BALLOT AN ADVISORY MEASURE WHICH
WOULD STATE THAT IF THE MANDATORY STAFFING INITIATIVE
WERE TO PASS WHICH OF THE FIRE STATIONS SHALL BE CLOSED,
LISTING THE TWELVE STATIONS WITH A BOX IN WHICH TO
MARK 'YES' OR 'NO' AFTER EACH ONE.
M S
VOTE: 1 N 2 Y 3 N 4 A 5 Y (Motion failed)
Page 310.
August 24, 1982
MOTION: TO AUTHORIZE SUPERVISORS DOLAN AND SARACENI TO WORK
WITH THE ADMINISTRATIVE OFFICE ON A BALLOT ARGUMENT
AGAINST THE LAW ENFORCEMENT INITIATIVE.
M S
VOTE: l Y 2 Y 3 Y 4 A S Y (Motion carried)
82-1318 Contracts and contract amendments -jail construction
(HELD FOR LATER IN THE DAY)
1685 Recess: 9:56 a.m.
Reconvene: 10:13 a.m.
Regular Agenda
82-1319 Discussion of Mental Health services - Butte County Jail
(MEETING OF THE PRINCIPALS INVOLVED TO BE HELD TO WORK
ON SOLUTION OF PROBLEM)
Public Hearings and Timed Items
10:00 a.m. 82-1320 Public Hearing - M. W. Balken, proposed negative declaration
and rezone from "TM-5" and "TM-10" to "TM-3".
MOTION: I NOTE THAT PROVISIONS OF CEQA HAVE BEEN SATISFIED
AND CONSIDERED TN MAKING THIS RECISION, AND ADOPT
A NEGATIVE DECLARATION AND FIND THAT THE PROJECT
PROPOSAL TO REZONE PROPERTY FROM TM-S AND TM-10
TO TM-3 CONFORMS TO THE GENERAL PLAN POLICY AND
SATISFACTORILY MEETS CONDITIONS OF ZONING AND
DEVELOPMENT CRITERIA UNDER THE AGRICULTURAL GENERAL
PLAN CATEGORY, ANA ADOPT ORDINANCE 2306 TO REZONE
PROPERTY ON PARCELS 65-22-4 AND 6 AND 65-23-01,
5 and 6, M. W. BALKEN FILE 82069 FROM TM-5 AND 10
TO TM-3.
5 M
VOTE: l Y 2 Y 3 X 4 A 5Y (Motion carried)
82-1321 CETA fiscal year 83 final plan - the U.S. Department of
Labor has requested the final plan for fiscal year 83 to
be submitted by September 1, 1982. Action requested:
APPROVE THE PLAN AND AUTHORIZE CHAIRMAN TO SIGN PLAN AND
STATEMENT OF CONCURRENCE WITH CETAC.
CETA plan review. Action requested: CONCUR WITH STAFF'S
RESPONSE AND AUTHORIZE DIRECTOR TO RESPOND TO STATE.
CETA Summer Youth Program - modification to include
additional summer funds, $22,905, in fiscal year 82
plan and Prime Sponsor reallocation $21,000 in administrative
funds to cover unbudgeted program cost. Action requested:
APPROVE MODIFICATION, AUTHORIZE CHAIRMAN TO SIGN PROGRAM
AMENDMENT AND STATEMENT OF CONCURRENCE WITH CETAC.
MOTION: TO AUTHORIZE DIRECTOR TO SIGN CETA DOCUMENTS,
RATHER THAN BOARD CHAIRMAN, BECAUSE OF THE CLOSE
TIME FRAMES INVOLVED.
M S
VOTE: l Y 2 Y 3 Y 4 A 5 Y (Motion carried)
MOTION: TO APPROVE ACTION REQUESTED ON ITEMS 3.13, 3.14
AND 3.15, WITH DIRECTOR AUTHORIZED TO SIGN.
M S
VOTE: l Y 2 Y 3 Y 4 A 5 Y (Motion carried)
2480 10:30 a.m. 82-1322 Public Hearing - the County of Butte intends to submit an
application to the Department of Housing and Urban Development
for funding under the Community Development Block Grant Program
in federal fiscal year 1982-83 for housing rehabilitation and
public works improvements in the E1 Medio project area.
(DISCUSSION - ITEM TO BE BROUGHT .BACK LATER IN THE MEETING)
August 24, 1982
Page 311.
82-1323 Butte County Overall Economic Development Corporation -
report on corporation status. (INFORMATION ONLY - NO
ACTION TAKEN)
Recess: 10:55 a.m.
Reconven e: 11:10 a.m.
**
DO 82-1324
Consideration of interim ordinance recommended by the
Planning Commission to regulate adult entertainment.
MOTION: TO ADOPT ORDINANCE 2307 TO REGULATE ADULT
ENTERTAINMENT,..WITH THE PROVISION THAT A-2
GENERAL ZONING ALSO BE INCLUDED.
M 5
VOTE: 1 X 2 Y 3 Y 4 A S Y (Motion carried)
MOTION: TO FORWARD A COPY OF THIS ORDINANCE TO INCORPORATED
CITIES OF BUTTE COUNTY TO ALSO ADOPT AN ORDINANCE
RELATIVE TO THE REGULATION OF ADULT ENTERTAINMENT
BUSINESSES.
M S
VOTE; l Y 2 Y 3 Y 4 A 5 Y (Motion carried)
450 82-13~'S Recognition of persons wishing to speak.
1. Teresa Moser - Interim adult entertainment ordinance.
2. Frank Brazell - Interim adult entertainment ordinance.
3. Teresa Moser - Inspections of adult theater.
C. Clay Castleberry - Error made by employee regarding
waiving building fee to public agencies.
MOTION: TO AUTHORIZE WAIVING BUILDING PERMIT FEE OF
$295.00 TO FEATHER RIVER PARKS AND RECREATION
DISTRICT.
M 5
VOTE: l Y 2 Y 3 Y 4 A S Y (Motion carried)
879 82-1326 Discussion of formation of community service district -
Bidwell Heights - report from Planning Director. (COUNSEL
ADVISED THAT BOARD ACTION ON AUGUST 17 ADOPTING RESOLUTION
82-130 IS A NULLITY BECAUSE THE BOARD HAD NO AUTHORITY
TO INITIATE SUCH ACTION)
970 82-1327 REPORT ON BID OPENING - SOUTH OROVILLE IMPROVEMENT
PROJECT, PHASE IV, PROJECT NO. 25505F-82-1.
MOTION: TO APPROVE ACTION AND AWARD BID TO BUTTE CREEK ROCK
IN THE AMOUNT OF $74,383.
M S
VOTE: l Y 2 Y 3 Y 4 A 5 Y (Motion carried)
1005 82--1378 Ruddy Creek drainage basin agreement - an agreement has
been prepared between the City of Oroville and Butte County
delineating drainage basin responsibilities. (CONTINUED
TO SEPTEMBER 14TH)
Recess: 12:15 a.m.
Reconvene: 1:45 p.m.
1950 82-1329 Contracts and contract agreements - jail construction -
$35,200 for architectural services for jail design.
Action requested: APPROVE CONTRACT AND AUTHORIZE CHAIRMAN
TO SIGN.
MOTION: TO APPROVE ACTION AS REQUESTED.
S M
VOTE: l Y 2 Y 3 Y 4 A S.Y (Motion carried)
Page 312. August 24, 1982
2210 82-133C Consideration of claim from McCain Associates relating
to expenses in Evans vs. County of Butte litigation
regarding the Lassen Avenue Assessment District.
MOTION: TO APPROVE CLAIM FROM McCAIN ASSOCIATES IN
THE AMOUNT OF $10,544.04 AS SUBMITTED.
M 2
VOTE: 1 Y 2 Y 3 Y 4 A 5 Y (Motion carried)
2382 82-1331 Northern California emergency medical communications
*** system - funding to continue operation through November 1, 1982.
QO
MOTION: TO APPROVE CONTINGENCY FUNDING OF $1,220 TO CONTINUE
OPERATION AND MAINTENANCE OF THE EMERGENCY MEDICAL
COMMUNICATIONS SYSTEM THROUGH NOVEMBER 1, 1982.
M S
VOTE: 1 N 2 Y 3 Y 4 A 5 Y (Motion carried)
330 82--1332 Work session with Land Development Process Commission.
(DISCUSSION. MEETING CONTINUED TO WEDNESDAY, SEPTEMBER 22,
AT 10:00 A.M.}
Recess: 2:58 p.m.
Reconvene: 3:06 p.m.
1442 82-1333 Continued closed hearing - Dick Chappell appeal of conditions
on a tentative parcel map (Conditions 12, 13 and 14) on property
located at AP 41-O1-141, Hummer Road, approximately 1,000 feet
west of Doe Mill Road, Forest Ranch area. (CONTINUED TO
SEPTEMBER 14, 1982)
1455 82-1334 Consideration of recommending reappointment of Dean Meyer
to State Transportation Commission (Supervisor Wheeler)
MOTION: TO APPROVE LETTER WRITTEN IN SUPPORT OF RE-
APPOINTMENT OF DEAN MEYER TO STATE TRANSPORTATION
COMMISSION
S M
VOTE: l Y 2 Y 3 Y 4 A 5 Y (Motion carried)
1564 82-1335 Chairman Wheeler reported that no .response had been received
from a letter written in ~Iuly'to the State Board of Reclama-
tion regarding~Lihdo Channel. She asked that the Board write
a letter asking them to meet with the Board of Supervisors
and encourage them to do what they are charged with as to
the protection of those banks along that area.
1613 82-I33b Public Hearing - Community Development Block Grant Program
(CONTINUED FROM 10:30 a.m.)
MOTION: TO APPROVE SUBMISSION OF AN APPLICATION BY COUNTY
OF BUTTE TO THE DEPARTMENT OF HOUSING AND URBAN.
DEVELOPMENT FOR FUNDING UNDER THE COMMUNITY DEVELOP-
MENT BLOCK GRANT PROGRAM IN FEDERAL FISCAL YEAR
1982-83 FOR HOUSING REHABTLITATTON AND PUBLIC WORKS
IMPROVEMENT TN THE EL MEDIO PROTECT AREA.
M S
VOTE: l Y 2 N 3 Y 4 A 5 Y (Motion carried)
1833 82-1337 Resolution - 1982-83 final budget.
MOTION: TO APPROVE THE LATE CHANGES TO THE COUNTY SERVICE
AREA BUDGETS AS LISTED IN THE AUGUST 19, 1982 MEMO.
M S
VOTE: l Y 2 Y 3 Y 4 A 5 Y (Motion carried)
MOTION: ADOPT RESOLUTION 82-140 APPROVING EXPENDITURES FOR
FINAL BUDGET FOR FISCAL YEAR 1982-83.
M S
VOTE: 1 Y 2 Y 3 Y 4 A 5 Y (Motion carried)
rage 313. ~ -
August 24, 1982
MOTION: TO ADOPT RESOLUTION 82-141 FIXING TAX RATES IN
' THE COUNTX OF BUTTE FOR FISCAL YEAR 1982-83 AND
SETTING DELINQUENCY RATE AT 8~.
M S
VOTE: l Y 2 Y 3 Y 4 A S Y (Motion carried)
2050 82-1338 Chairman Wheeler announced that officials from Shasta County
have asked if Butte County's finance committee, Chairman,
Administrator and Auditor would consider meeting with them
to discuss budgetary considerations.
2120 82-1339 Communications
City of Chico - Chico Redevelopment Agency - provides informa-
tion regarding intent to amend boundaries of existing South-
east Chico Redevelopment Project area. (ADMINISTRATIVE STAFF
TO PREPARE A REPLY)
2370 City of Gridley - provides information per City Resolution
No. 54 establishing sewer bond tax rate at $.027 per each
$100 full cost valuation. (REFERRED TO AUDITOR)
2376 United States Department of Agriculture - submits response
statement to Board of Supervisors statement of reason
opposing herbicide spraying. (REFERRED TO ADMINISTRATION)
2580 Jean Pratt, Oroville - provides information proposing an
ordinance on camping/living in unauthorized areas of Butte
County. (REFERRED TO PLANNING AND COUNSEL FOR REVIEW)
2590 Butte County Community Development Block Grant audit for
program years 1978, 1980 and 1981 submitted by Matson and
Isom Accountancy Corporation. (INFORMATION ONLY - NO ACTION
TAKEN)
2602 82-1340 Additional items from Board members to be addressed at the
end of the day.
1. Supervisor Dolan reported that Chico Municipal Judge
Ann Rutherford and Eleanor Becker have come to an
agreement whereby marriage licenses may be bought in
Chico soon.
2. Supervisor Dolan said that the owners of Nunzio's in
Chico are concerned about the California Restaurant Act
requiring that crab be cooked inside of buildings. She
ask that the Board look into this matter and if it is
a requirement that the Board request that the law be
changed.
3. Supervisor Dolan reported on a dog kennel on Aspen
Street which is operating without a use permit.
(COUNSEL TO WRITE LETTER ADVISING THEM TO GET THE PERMIT)
4. Supervisor Dolan reported that an agreement had been
reached between 'the Mental Health Department and the
jail whereby mental health counselors would provide
screening and treatment in the jail.
5. Supervisor Fulton announced that a welcome reception
would be given in Paradise for its new town manager
on August 31 at 7:30 - 9:30 p.m.
6. Bettye Kircher, Planning Director, reported that more
than 300 post cards which had been mailed out concerning
a rezone had been returned because the addresses which had
been rural had been changed and the forwarding had expired.
Her concern was that there should be better communication
between the departments in order to update addressed before
the tax bills go out in October.
Page 314.
August 24, 1982
7. Chairman Wheeler requested staff to check with Mr. Bandy
concerning SB-1326 and also asked the Board to oppose
sB-238.
8. Chairman Wheeler requested that the following letters
be entered into the record:
a. Letters urging support of an interim ordinance to
regulate adult entertainment were received from
Jere Green, Judy Starkey, Linda W. Crow, Pat Peterson,
Terri Burton and Mrs. Evelyn Burton.
b. Letter from Sandy Smoley, uring support of Carol
Hallet for Lieutenant Governor.
3165 Recess: 3:38 p.m. Closed session (Litigation)
Reconvene: 3:58 p.m. (No decisions made)
Adjournment: The Board adjourned at 3:58 p.m. to reconvene on
Tuesday, September 14, 1982.
ATTEST: ELEANOR M. BECKER, COUNTY CLERK
and ex-officio Clerk of the
Board of supervisors
Board of Supervisors
Page 315 .
August 24, 1982