HomeMy WebLinkAboutM082584September 25, 1984
Ca11 to order - Board of Supervisors Room, County Administration
Building, 25 County Center Drive, Oroville.
Present: Supervisors Dolan, Fulton, Moseley, Wheeler and Chairman
Saraceni; Martin J. Nichols, chief administrative officer; Del Siemsen,
county counsel; and Rubye Townsley, deputy clerk of the Board.
Pledge of allegiance to the Flag of the United STates of America.
Invocation - Supervisor Moseley
84-661 Items removed from Consent Agenda for separate consideration:
1. R. Miles Allen appeal. (AMENDED TO ELTMTNATE AP 39-23-108)
2. Communications: Gerald N. de Roco, Oroville - writes requesting
information about the Airport Land Use Commission.
84-662 Consent Agenda
1. Approval of minutes - September 18, 1984. APPROVED MINUTES.
2. Budget transfers. APPROVED BUDGET TRANSFERS B-32, B-34, B-36,
B-37 AND B-38.
3. Ordinance amending Chapter 23S of the Butte County Cade relative
to water wells. WAIVED THE SECOND READING AND ADOPTED ORDINANCE
2432.
4. Resolution of intention to rename Timothy Road to Rabe Road.
ADOPTED RESOLUTION 84-157 SETTING A PUBLIC HEARING DATE FOR
OCTOBER 16, 1984, AT 10:00 A.M.
Page 253
September 25, 1984
84-662 5. R. Miles Allen - appeal of the requirement for an environmental
(Cont'd) impact report for. a General Plan amendment from orchard and field
crops to agricultural-residential on property located on the east
side of McAnarlin Avenue, 1/2 mile south of Roble Road, identified
as AP 39--23-110, Durham. PUBLIC HEARING DATE SET FOR OCTOBER 16,
1984, AT 10:30 A.M.
6. Consolidation of Oroville and Wyandotte Cemetery District. ADOPTED
RESOLUTION 84-158 SETTING PUBLIC HEARING DATE FOR OCTOBER 15, 1984,
AT 10:00 A.M.
7. Appointment to the Oroville Memorial Hall Committee. APPOINTED
ROBERT L. WOLFERSI3ERGER AND FERNANDO SERNA TO SERVE UNTIL
DECEMBER 31, 1984.
8. Butte Creek Canyon Volunteer Fire Company. AUTHORIZED COUNTY FIRE
WARDEN TO DEVELOP THE VOLUNTEER FIRE COMPANY; REQUESTED VOLUNTEER
FIRE COMPANY TO EXPLORE OPTIONS FOR CONSTRUCTING A FIRE STATION;
DELAYED FUNDING OF VOLUNTEER-FIRE COMPANY UNTIL FY 1985-86 BUDGET.
9. Raymond L. Sandelman, attorney - on behalf of Helen L. Alley, submits
a claim in the amount of $250,000 alleging damages resulting Pram
the issuance of a permit to dispose of the cremated remains of
Frank Charles Lato on or about December, 1982. REJECTED CLAIM AND
REFERRED TO COUNTY COUNSEL AND RISK MANAGEMENT COORDINATOR.
10. Raymond L, Sandelman, attorney - on behalf of Mary E. Shaw, submits
a claim in the amount of $250,000 alleging damages resulting from
the issuance of a permit to dispose of the cremated remains of
Frank Shaw on or about August, 1978. REJECTED CLAIM AND REFERRED
TO COUNTY COUNSEL AND RISK MANAGEMENT COORDINATOR.
11. Raymond L. Sandelman, attorney, on behalf of Edith Norris, submits
a claim in the amount of $250,000 alleging damages resulting from
the issuance of a permit to dispose of the cremated remains of
Frank Kenneth Norris an or about October, 1978. REJECTED CLAIM AND
REFERRED TO COUNTY COUNSEL AND RISK MANAGEMENT COORDINATOR.
12. Minimum security dormitory - Phase T - site development - bids were
opened;. in the Purchasing Office for the subject project, with the
low bidder being Richard Horton (Horton Enterprises}, Chico, in
the amount of $110,800 (engineer's estimate, $161,175}, AWARDED
STD TO LOW BIDDER.
13. Sheriff requests authorization to purchase a typewriter valued at
$600 for the Community Crime Resistance Grant Project, AUTHORIZED
PURCHASE OF THE TYPEWRITER NOT TO EXCEED $600 WITH GRANT FUNDS.
Page 254
September 2S, 1984
84-662 14. Pursuant to Section 26202 of the Government Cade, the Director
(Cont'd) of Public Health requests .authorization to dispose of selected
Department of Public Health financial records for the years 1952
through 1973 and receipt books for the years 1956 through 1981.
AUTHORIZED DESTRUCTION OF RECORDS.
15. Butte County Alcohol and Drug Services - in accordance with
Government Code Section 25355 a donation of computer equipment
valued at $1,019 has been received from the Chico Elks Club for
use in the Alcohol and Drug Services Program. ACCEPTED DONATION.
16. Butte County Mental Health Short-Doyle Plan, 1985-86 "Part A".
ADOPTED PLAN AND AUTHORIZED SUBMISSION_TO CALIFORNIA STATE
DEPARTMENT OF MENTAL HEALTH...
17. Auditor/Controller submits a list of fixed asset items that have
been lost, damaged, destroyed or otherwise not under the physical
control of various county departments. AUTHORIZED RELIEF FROM
ACCOUNTABILITY.
18. Agreement with Cal State University, Chico, allowing the county
to provide nursing training for selected CSUC students for the
period July 1, 1985, through July 1, 1988. No funding required.
APPROVED AGREEMENT.
19. Agreement with State of California to operate Women, Infants and
Children Food and Health Program for the period of October 1, 1984,
through September 30, 1985. State and federal funds to be
received, $109,902. APPROVED AGREEMENT AND AUTHORIZED THE
CHAIRMAN TO SIGN.
20. Amendment to Department of Food and Agriculture Agreement Na. 6002
increasing the number of apple maggot traps to 60 and the arnaunt
of the contract to be received by $1,980. APPROVED AGREEMENT AND
AUTHORIZED THE CHAIRMAN TO SIGN.
21. Mental Health agreements - FY 1984-85:
C:nr-it-rar~{-nrc
Esplanade Manor - residential treatment
Chico Community Hospital. - E.R. services
Medical Center. of Oroville, - E.R. services
Glenn County - inpatient psychiatric. ser~rices
Trinity County - inpatient psychiatric services
Modoc County - inpatient- psychiatric services
APPROVED AGREEMENTS AND AUTHORIZED TI3E CHAIRMAN
Page 255
Amts. not to Exceed
Expenditure $109,462
Expenditure 39,200
Expenditure 22,500
Revenue 34,600
Revenue 4,500
Revenue 22,500
TO SIGN.
September 25, 1984
84-662 22. Child Protective Services counseling agreements for the period
(Cont'd) October 1, 1983, to June 30, 1984:
Contractor Amount to be paid
Janet Rauch Psychological Services $9.950
Magalia Counseling Center 9,950
Randy Haapanen, Ph.D. 9,950
Suzanne Henrion 9,950
Dennis Bruce, M.S.W. 9,950
Janice Gagerman 9,950
Heather McCloud 9,950
Claudia Smith-Vining 9,950
Jim Park, M.F.C.C. 9,950
Family Services Association 16,000
Gary Sahly 9,950
Lea Classen 9,950
Total $135,400
Funding provided by federal social service allocation. APPROVED
AGREEMENTS AND AUTHORIZED THE CHAIRMAN TO SIGN.
23. City of Chico proposes to annex Jim's Food and Beverage, 634 West
Sacramento Avenue, Chico. OPPOSED ANNEXATION AND DIRECTED CHIEF
ADMINISTRATIVE OFFICER TO NEGOTIATE .WITH THE CITY OF CHICO.
24. Juvenile Ha11 billing rate. ADOPTED A NEW DAILY JUVENILE HALL
SII,LING RATE OF $43.25 TO BE EFFECTIVE OCTOBER 1, 1984.
25. Baker vs. Brennan...County of Butte, et al, Butte County Superior
Court No. 85004. AUTHORIZED CHAIRMAN TO SIGN DISCLAIMER FORM.
26. Deputy jury commissioners - Civil Procedure Code Section 204.1
requires the Board of Supervisors concur with superior court judges
in the designation of jury commissioners to assist in the selection
of juries in justice and municipal courts. CONCURRED TN THE
DEPUTIZATTON OF GAIL COMPTON, SUSAN HAMLTN, JULIE STEMPEL, MARY
KUNTZE, SANDRA K. JONES AND CATERINE MOSBY AS DEPUTY JURY
COMMISSIONERS OF THE SUPERIOR COURT.
27. Clyde Harris, Chico - appeals the Planning Commission's denial
of a use permit (item determined to be categorically exempt from
environmental review) to allow an on-site sign 40 feet from the
center line of East Avenue and 42 feet from the center line of
Tom Polk Avenue on property zoned R-1 (single family residential}
located at the northeast corner of Tom Palk Avenue and East Avenue.
identified as AP 44-24--58, Chico. PUBLIC HEARING DATE SET FOR
QCTOBER 16, 1984, AT 10:45 A.M.
28. The 1984/85 State Budget Act has increased faster family rates
and specialized care rates, increased county cast of $13,665.
ADOPTED NEW RATES AS REQUIRED BY LAW.
Page 256
September 25, 1984
84-662 29. Communications.
(Cont'd)
a. Rotary Club of Gridley writes offering to .purchase new steel
chairs for the Gridley Memorial Hall if allowed to sell existing
wooden chairs.. REFERRED TO PURCHASING OFFICER.
b. Deer Herd Migratory Study - three letters have been zeceived
in opposition to the recommendations of the study. ACCEPTED FOR
INFORMATION.
Motion: APPROVED CONSENT AGENDA
S M
Vote: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
Regular Agenda
84-663 Communications: Gerald N. de Roco, Oroville - writes requesting
information about the Airport Land Use Commission. (CHAIRMAN
SARACENI REQUESTED THAT RESPONSE TO QUESTIONS BE ON NEKT WEEK's
AGENDA)
84-664 Status report on County Service Areas 87 and 89. (REPORT RECEIVED)
(72)
County Service Area No. 89 - Rock Creek/Nozd Area Drainage. The
Board of Supervisors initiated the formation of County Service Area
No. 89 by Resolution No. 83-137. The Butte County Local Area Formation
Commission authorized the Board to hold the hearing at their September 1,
1983, meeting. (closed hearing continued from 8/21/84)
Motion: AUTHORIZED NOTIFICATION TO LAFCo TkiAT THE BOARD NO LONGER
WISHES TO FORM COUNTY SERVICE AREA 89,
M S
Vote: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
(SUPERVISOR WHEELER TO REPORT BACK TO THE BOARD ON OCTOBER 9, 1984,
REGARDING STATUS OF CSA 87.)
84-665 Discussion of the "Thermalito Cavern" alternatives. (DISCUSSION HELD:.:
(261) REGARDING WHAT IS BEING DONE TO ALLEVIATE PROBLEM.)
84-666 Repozt on Eaton Road bid opening, FAU Project No. V359(I). (REPORT
(598) RECEIVED. NO ACTION TAKEN.)
Page 257
Septembez 25, 1984
84-667 Board of Sugervisors comments to 1983-84 Butte County Grand Jury
(810) Report.
Motion: ACCEPTED STAFF'S COMMENTS AS THE OFFICIAL COMMENTS TO THE
GRAND JURY REPORT FROM THE BOARD OF SUPERVISORS.
M S
Vote:. l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
84-668 Additional item:
912)
1. County Counsel Del Siemsen requested that the Board authorize
him to retain attorneys in.other counties for special, brief
court appearances, rather than :sending one of h.is deputies, at:a
savings to the county.
Motion: AFPROVED REQUEST.
S M
Vote: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
2. Appearance: Dan Ostrander ~- regarding the Baard's requesting a
report from county counsel on the Gemini Hydro Corporation proposal.
RECESS: 9:50 a.m.
RECONVENE: 10:07 a.m.
Public Hearings and Timed Items
~*
84-669 Planning Commission - report to the Soard regarding General Plan
(00) change for South Fork Developers. (from B/2I/84) (REPORT RECEIVED)
South Fork Developers (Bill Cattingham) - appeals the Planning
Commission's denial of a rezone (item on which an environmental impact
report was previously certified) from "A-2" (general) to "FUC"
(planned unit development) to develop a 110-lot residential development
on 110 acres, property located on the east side of Midway at Mary Bill
Ranch Road, identified as AP 40-02-115, Chico.
Motion; CONTINUED HEARING ON REZONE TO OCTOBER 9, 19$4, AT 1:30 P.M.
PUBLIC HEARING DATE FOR GENERAL PLAN AMENDMENT 5ET FOR
OCTOBER 9, 1984, AT 1:30 P.M.
M S
Vote: l Y 2 N 3 Y 4 Y 5 N (Motion carried)
Page 258
September 25, 1984
84-669 Motion: TO REFER THIS PROJECT TO THE CHICO ISSUES COMMITTEE OF THE
(Cont'd) INTERGOVERNMENTAL RELATIONS COMMITTEE.
M S
Vote: 1 N 2 Y 3 N 4 N 5 Y (Motion failed)
$4-67D Ronald Merlo - (item on which a requirement for an environmental
(406) impact report is being appealed) - General Plan Amendment from orchard
and field craps to agricultural-residential - 1 acre parcels located
on the south side of Oroville-Chico Highway, approximately 1400 feet
east of Midway, identified as AP 40-06-04 (portion), Durham.
(from 7/24/84). (HEARING CLOSED. ENGINEER INDICATED A MITIGATED
NEGATIVE DECLARATION MAY BE WORKED OUT WI'T'H THE PLANNING DEPARTMENT.
ITEM REMOVED FROM THE AGENDA.)
84-671 John Cunningham - abandonment of alley adjacent to AP 39-37-35,
(858) south of Chico. (CONTINUED OPEN UNTIL OCTOBER 9, 1984, AT 10:D0 A.M.}
84-672 Thomas Reed et al - appeals the Planning Commission's denial of rezone
(1033) (item on which a negative declaration regarding environmental impact
has been recommended) from SR-3 (suburban residential - 3 acre parcels)
to M-L (light industrial), property located on the nozth side of
Thorntree Drive from approximately 6D0 feet east of Cohasset Road to
approximately 2000 feet east of Cohasset Road, identified as a portion
of AP 48-01-17, 20, 21, 22 and 23, more particularly described as:
the easterly 79S ft. of the SE l/4 of the SW 1/4 of Sec. 2, T22N R1E
MDB&M and the southerly 920 ft. of the SE 1/4 of the SW 1/4 of said
Section 2, containing 52.14 acres, mare or less, Chico.
Motion: CONTINUED HEARING OPEN TO OCTOBER 30, 1984, AT 10:DO A.M.
REFERRED GENERAL PLAN AMENDMENT TO PLANNING COMMISSION FOR
REVIEW AND REPORT BACK TO THE BOARD ON OCTOBER 30, 1984.
M S
Vote: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
84-573 Grove Ranches, Inc. - appeal of the Advisory Agency's Condition No. 9
(1198} (designate a 100-foot no-building area from the center line of the
creek) on tentative parcel map, AP 64-63-21 and AP 64--64-01, four
parcels, approximately 100 feet southwest of the intersection of
Nimshew Road, Magalia area. (from 8/28/84)
Motion: DENIED APPEAL.
S
Vote: l Y 2 y 3 Y 4 Y
Page 259
M
S Y (Unanimously carried)
September 25, 1984
84-b74 Recognition of persons wishing to speak:
(1536)
1. Calvin Patterson - regarding a denied leach line permit. (REFERRED
TO ENVIRONMENTAL HEALTH FOR A REPORT SACK ON OCTOBER 2, 1984)
2. Hamilton Halt - regarding the Madrone Water District.
3. Stephanie Wyatt - concerning the absence of justice in the govern-
mental system.
4. C. C. Charity - concerning conditions in Edan Canyon.
*** S. Warren Hampton - regarding flooding conditions an Nord/Gianella Road.
ooa
6. Glenn Miller - concerning the annexation of property by water
districts.
7. Nell Lind - requesting Board appoint a special grand jury to investi-
gate Sheriff's Department (REFERRED TO COUNTY COUNSEL).
8. C. C. Charity - regarding investigation into water district.
9. Cindy Schons -- regarding citizens' use of the Grand Jury.
10. Glenn Miller - concerning the operation of the Grand Jury.
84--6.75 Community Development Block Grant Guidelines for the Rehabilitation
(571) of Residential Property.
Motion: APPROVED GUIDELINES.
A M
Vote: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
CLOSED SESSION: The Board recessed at 12:00 noon for a closed session,
followed by a lunch break,
(SUPERVISOR MOSELEY ABSENT AT THIS TIME)
RECONVENE: The Board reconvened at 1:35 p.m. following a closed
session on litigation. (SEE FOLLOWING MINUTE ORDER)
84-b76 Report on closed session.
(650)
Motion: AUTHORIZED $20,000 SETTLEMENT IN THE MATTER OF FLORI VS.
BUTTE COUNTY.
S M
Vote: l Y 2 Y 3 Y 4 AB S Y (Motion carried)
Page 260
September 2S, 1984
84-677 Nitrate Action Plan.
(677)
**** RECESS: 2:52 p.m.
RECONVENE: 3:06 p.m.
***** Motion: REQUESTED THAT REGIONAL QUALITY CONTROL BOARD EXTEND DEADLINE
00000 FOR PLAN FINALIZATION TO MARCH 1, 1985, AND THAT A SUMMARY
OF COMMENTS MADE IN THE HEARING BE MADE AVAILABLE TO THE
CHICO ISSUES COMMITTEE.
S M
Vote: l Y 2 Y 3 Y 4 AB 5 Y (Motion carried)
84-678 Additional items from Board members:
(85}
1. Supervisor Wheeler submitted a letter for the record from W. D.
Peppard.
2. Supervisor Wheeler requested a public forum regarding Propositions
4l and 36. (ADMINISTRATIVE STAFF IS WORKING ON ANALYSES OF
BOTH ITEMS. TO BE ON REGULAR AGENDA AS SOON AS POSSIBLE.)
3. Supervisor Dolan would like a resolution in appreciation of
Bob Robinson. (TO BE PREPARED AND LISTED ON AGENDA FOR
OCTOBER 2, 1984.}
ADSOURNMENT: There being nothing further before the Board at this
time the meeting was adjourned at 4:27 g.m. to reconvene at
9:00 a.m, on October 2, 1984.
~~~~
Chairman, Board of Supervisors
ATTEST:
MARTIN J. NICHOLS
Chief Administrative Officer and
Clerk of the Board of Supervisors
Page 261
September 25, 1984