HomeMy WebLinkAboutM110883November 8. 1983
Call to order - Board of Supervisors Room, County Administra-
tion Center, 25 County Center Drive, Oroville.
Present: Supervisors Fulton, Moseley, Saraceni and Chair
Dolan; Martin ~. Nichols, chief administrative officer; Del
Siemsen, county counsel; and, Rubye Townsley, deputy clerk of
the Board.
Absent: Supervisor Wheeler
Pledge of allegiance to the Flag of the United States of
America.
Invocation - Supervisor Moseley
83-904 Additional items from Board members to be addressed at the
u end of the day:
1. A matter relative to the Foothill Study Committee. T
Supervisor Fulton.
2. Two letters received: one from Chico Square Dancers
Association relative to appointment to Memorial Hall
Committee; and, one from Dr. Turner relative to the
abandonment. on East Lindo Avenue.. - Chair Dolan
83-905 Items removed from the consent agenda for separate consideration:
1. SB 325 and SB 620 project funding claim for 1983-84 -
Public Works requests BCAG to approve $951,499 in SB 325
funds and $121,697 in SB 620 funds for road and bridge
maintenance as included iri the county's budget and requests
BCAG approval of Amtrak Depot maintenance funding and
operation.
Page 254
November 8, 1983
November 8, 1983
83_gpg Consent Agenda
(54}
1. Approval of minutes - November 1, 1983. Action requested:
APPROVE MINUTES.
2. Budget transfers. Action requested: APPROVE BUDGET
TRANSFERS B-54, B-55, B-56 AND B-57.
3. Proclamation - Winter Storm Preparedness Week. Action
requested: ADOPT RESOLUTION 83-180 PROCLAIMING NOVEMBER
13 - 19, 1983, AS WINTER STORM PREPAREDNESS WEEK AND
AUTHORIZE THE CHAIR TO SIGN.
4. Appointment of Howard Kalmer to the Community Action Agency
representing the District 3 nomination for a term to expire
December 31, 1986. Action requested: MAKE APPOINTMENT.
5. Authorize demolition of 209 Sycamore Street, Gridley -
a recommendation has been received indicating that the
county owned residence is unsafe for occupancy. Action
requested: AUTHORIZE NOTICE TO BE SENT TO COMMUNITY ACTION
AGENCY TO VACATE THE PREMISES AND AUTHORIZE DEMOLITION OF
THE STRUCTURE.
6.- Report on request for refund on building permit for AP
43-41-03 from Ramsey Construction Company. Action requested:
DENv REQUEST FOR REFUND.
7. Right-of-way contract and deed - Oro Dam Boulevard widen-
ing at Western Pacific Railroad. The county owns 0.219
acres located on the north side of State Route 162 and
as part of the widening~of Oro Dam Boulevard at the rail-
road underpass by CalTrans, county owned property is needed.
Action requested: APPROVE RIGHT~-OF-WAY CONTRACT AND
AUTHORIZE THE CHAIR TO SIGN AND AUTHORIZE THE CHAIR TO
SIGN THE GRANT DEED.
8. Mike Glaze - abandonment of public utilities easement -
Copley Acres, Unit #2, Phase 1, Lots 7 and 8. Action
requested: ADOPT RESOLUTION 83-181 SETTING A PUBLIC HEARING
DATE FOR DECEMBER 6, 1983, AT 10:00 A.M.
Page 265
November $, 1983
November 8, 1983
9. Chapmantown Community Development Block Grant - the Board
of Supervisors initiated a CDBG application for housing
___ rehabilitation and street improvement along "B," Beech,
and Boucher Streets, environmental documents attached.
Action requested: SET A PUBLIC HEARING DATE FOR DECEMBER 6,
1983, AT 10:00 A.M. TO RECEIVE COMMENTS ON THE ENVIRONMEN-
TAL DOCUMENT.
10. Ordinance adding Chapter 36 to the Butte County Code
relative to charging a fee for persons sentenced to the
jail on weekends or on other days during the week which
are non work days. Action requested: WAIVE THE FIRST
READING.
11. City of Oroville agreement - providing for the defense
by the County Counsel of the County of Butte of all
actions filed against city seeking a refund of taxes
assessed and levied on property within city. Action
requested: APPROVE AGREEMENT AND AUTHORIZE THE CHAIR
TO SIGN.
12. Amendment to Solway, Tnc., contract. The amendment adjusts
the provisional rate to $21.63 per unit of service (patient
day) to a maximum amount for alcohol recovery services
of $22,102 and provides for a maximum reimbursement of
$4,170 for costs incurred by the contractor in operating
the facility to meet state certification and licensing
standards pursuant to the provisions of the law. Action
requested: APPROVE THE AMENDMENT AND AUTHORIZE THE CHAIR
TO SIGN.
13. Contract amendment - Orovilie Medical Center Hospital -
an amendment to the existing agreement has been prepared
extending the period of the contract from September 30,
1983, to June 30, 1984. Action requested: APPROVE
CONTRACT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN.
MOTION: TO APPROVE THE CONSENT AGENDA EXCEPT FOR ITEM
PREVIOUSLY REMOVED.
S i"1
VOTE: l Y 2 Y 3 A 4 ., 5 Y (Motion carried}
Page 266
November 8, 1983
November 8, 1983
83~-907 SB 325 and.SB 620 project funding claim for 1983-84. Public
(84)______ Works requests BCAG to approve $951,499 in SB 325 funds and
$121,697 in SB 620 funds for road and bridge maintenance as
included in the county's budget and requests BCAG approval of
Amtrak Depot maintenance funding and operation.
MOTION: THAT WE APPROVE THE CLAIM AND MAKE A REQUEST TO BCAG
TO ASK CITIES FOR CONTRIBUTIONS
M S
VOTE: 1 2 3 4 5
MOTION AMENDED: TO APPROVE THE PROJECT FUNDING CLAIM AND
AUTHORIZE THE DIRECTOR OF PUBLIC WORKS TO SIGN, FOR
ALL THOSE PROJECTB EXCEPT AMTRAK
M
VOTE : 1 ~' 2 ~' 3 A
S
4 ~ 5 ° (Motion carried)
Regular Agenda
$3-908 Appointment to the Oroville Cemetery District Board of
(255) Directors.
MOTION: I WOULD MOVE FOR THE APPOINTMENT OF HOWARD FAIRBANKS.
M S
VOTE: l V 2 Y 3 A 4 5° (Motion carried)
83-909 Report from Board's committee regarding the application to the
(272) State Board of Corrections County Jail Capital Expenditure
Fund Grant Program. The Board will be asked to adopt a
resolution agreeing to submit the application for .funding to
the Board of Corrections and also agree to appropriate sufficient
funds to meet the 25o matching fund requirement if awarded
funding, and certify jail site land value for purposes of the
grant.
Page 267
November 8, 1983
November 8,'1'983
MOTION: I WOULD MOVE THAT WE ADOPT RESOLUTION 83-182 TO APPLv
F.OR THE GRANT OF ONE-MILLION DOLLARS FROM THE DEPARTMENT
OF.CORRECTZONS WITH THE IMPLICATION THAT WE COMMIT
$447;'000 IN ;MATCHING FUNDS; 1~ND, TO ADOPT RESOLUTION
$3-1$3 CERTIF~'ING THE VALUE OF THE JAIL SITE -
26.2 ACRES AT $19,700 PER ACRE FOR A TOTAL OF
$516,000, AND AUTHORIZE THE CHAIR TO SIGN.
S M
VOTE: l ~' 2 v 3 A 4 v 5 Y (Motion carried}
83-910 Ordinance amending §26-3.1 of the Butte County Code relative
(S48) to the Uniform Building Code, specifically the verification
of any applicable laws of the jurisdiction in effect at the
time of application for the permit. Action requested: WAIVE
THE FIRST READING OF THE ORDINANCE.
MOTION: FOR THE ACTION REQUESTED.
M S
VOTE: 1 '~' 2 Y 3 A 4 Y 5° (Motion carried)
83-911 Report to the Board concerning the .Intergovernmental Relations
(582) Commit tee meeting o f November 3, 1983, and northeast Chico
sewer study area. (INFORMATION. NO ACTION TAKEN.}
83-912 Report from the Chi ef Administrative Officer regarding presen-
(670) tation of the Joint Assembly Senate Local Government Committee
on new Partnership Tasl~ Force Report.
MOTION: THAT THE BOARD AUTHORIZE THE CHAIR TO REPRESENT THE
BOARD IN A JOINT PRESENTATION WITH A REPRESENTATIVE
FROM CIT° OF CHICO AT A HEARING TN REDOING ON
NOVEMBER 17, 19$3, OF THE JOINT ASSEMBLE AND SENATE
LOCAL GOVERNMENT, EXPRESSING BOARD'S CONCERNS REGARDING
REALIGNMENT CONCEPTS.
S M
VOTE: l Y 2 V 3 A 4 `' S V (Motion carried)
Page 268
November 8, 1983
November 8 , 1:9 8 3
83-913
(746)
Communica't'ions
1. Bachman & Associates - on behalf of William St..Clair and
John Shelton, the engineers request the Board set a public
hearing for November 29, 1983, regarding the supplemental
EIR for the Ravenwood PAC package sewage treatment plant.
{HOLD UNTIL PLANNING DIRECTOR IS PRESENT}
2. John L. Luvaas, Jr . , - writes supporting the temporary
school construction fee for building permits. (INFORMATION}
3. Butte County Library Corporation - provides input regarding
the discussed sculpture at the Chico Library and requests
an opportunity to discuss the subject with the Board.
(REFERRED TO CHIEF ADMINISTRATIVE OFFICER TO RESPOND)
4. Assemblyman Norm Waters and Senator Ray Johnson - the
legislators forward information regarding the Auburn Dam
tour and briefing to be held on November 17 at the Auburn
Bureau of Reclamation Office. {INFORMATION)
5. U.S. Department of Housing and Urban Development - the
department writes indicating that the program revision
proposed for Grant #B-81-DN-06-0003 is consistent with
program regulations. (INFORMATION)
5. U.S. Department of Housing and Urban Development - HUD
concurrence has been received to revise activities for
Grant #B--82-DN-05-0003 in the E1 Medio Area.
(INFORMATION)
7. U.S. Department of Housing and Urban Development - writes
offering clarification to the request to establish an
account in covering loan recipients who are delinquent
in paying fire insurance and/or property taxes.{INFORMATION)
$. U.S. Department of Labor, Employment and Training Adminis-
tration - writes forwarding the final determination that
$1,138.38 are unallowable costs regarding Incident Report
83-ETA-0-009. (THIS LETTER AND ANOTHER RECEIVED VESTERDA~'
FROM DEPARTMENT OF LABOR TO BE REFERRED TO PERSONNEL
DIRECTOR FOR A REPORT BACK TO THE BOARD.)
Page 269
November 8, 1983
November 8, 19$3
9. Letter from Chico Square Dancers Association requesting
appointment of delegate and alternate to Chico Memorial
Hall Committee. {REFERRED TO ADMINISTRATION}
10. Letter from Dr. Turner regarding the abandonment of a
portion of E. Lindo Avenue. (TO BE LISTED ON REGULAR
AGENDA OF NOVEMBER 15, 1983)
CLOSED SESSION: The Board recessed at 9:27 a.m. for a closed
session on personnel matters.
RECONVENE: The Board reconvened at 10:06 a.m, following a
closed session on personnel. (SEE FOLLOWING
MINUTE ORDER)
83-914 Report on closed session: The General Unit of the Employees
(898) Association has ratified their agreement, which includes no
wage increase, modification of health plan and amount county.
contributes to health, insurance and change in vacation schec~ul:es
for employees. '
MOTION: I WOULD MOVE FOR RATIFICATION.
S M
VOTE: 1 y 2 '' 3 A 4 i 5 y (Motion carried}
Public Hearings and Timed Items
83-915 Claude or Virginia Mathis - request far variance to X19-10
{974} and/or X19-12 of the Butte County Code for placement of a
mobile home on AP 25--22-22, Box 206, Stimpson Road, Oroville
area; zoning: A--5.
MOTION: I WOULD MOVE THAT THE MATHIS VARIANCE BE APPROVED
ON AP 25-22-22, BOX 206, STIMPSON ROAD, OROVILLE AREA.
M S
VOTE: 1 '~ 2 Y 3 A 4 ~' S y (Motion carried)
Page 270
November 8, 1983
November 8, 1983
83-916 Edward L. McLaughlin - appeals the Planning Commission's
(10.12) denial of a variance to minimum lot size in an SR-1 (suburban
residential - one acre parcels) zone, item on which a negative
declaration concerning environmental impact has been recommended,
AP 40-20-65 and 33, property located on the east side of Stan-
ford Lane, approximately 1,200 feet south of Durham-Dayton
Highway, Durham. (CONTINUED TO NOVEMBER 15, 1983 AT 10:00 A.M.)
Communications
83-917 1. Bachman & Associates - on behalf of Williams St. Clair and
(1126) John Shelton, the engineers request the Board set a public
hearing for November 29, 1983, regarding the supplemental
EIR for the Ravenwood PAC package sewage treatment plant.
(PLANNING DIRECTOR RECOMMENDS THAT THE BOARD NOT SET
HEARING UNTIL AFTER THE PLANNING COMMISSION'S DECISION
ON THE PROJECT)
83-918 Additional items from Board members:
(116$)
1. Mr. Avis requests one-half hour on next week's agenda
to make a report. - Supervisor Fulton (PRESENTATION BY
COHASSET - FOREST RANCH STUDY COMMITTEE TO BE ON THE
AGENDA OF NOVEMBER 15 AT 2:00 P.M.)
RECESS: -10:15 A.M.
RECONVENE: 10:30 A.M.
SUPERVISOR FULTON ABSENT AT THIS TIME
Public Hearings and Timed Items
83-919 R.F.C. Surveyors - on behalf of Carl Martellaro, appeals the
(1216) Advisory Agency's denial of a tentative parcel map (item on
which a negative declaration of environmental impact has been
Page 271
November 8, 1983
No'vem'b'e'r '8, 1983
recommended), AP 46-71-28, creating three parcels, one at
- - 5.1 acres ~-; one at 6.2 acres ~-, and one at 8.7 acres -~,
located on~Batt Road, approximately 200 feet west of A-1
Road, Forest Ranch area. (CONTINUED TO NOVEMBER 15, 1983,
AT 11:00 A.M.)
RECESS: 10:32 A.M.
RECONVENE: 11:00 A.M.
SUPERVTSOR FULTON PRESENT AT THIS TTME
83-920 Recognition of persons wishing to speak:
(1257)
1. Kay Matzdorff, President, League of Women Voters - regarding
the possibility of keeping the libraries open on Saturdays.
2. Jo Terry, Librarian - regarding the fact that the Board sets
the hours of the libraries being open and a suggestion
that a change not be made until after the first of the year.
3. Barbara Seawall, League of Women Voters - regarding library
hours.
(THE MATTER WILL BE PLACED ON THE REGULAR AGENDA OF NOVEMBER 22)
83-921 Geddis, Christofferson and Lenhardt - on behalf of Cindy's
{1740) Northern, appeals Conditions 8 and 23 as stated on the condi-
tions of approval for a tentative subdivision map (item on
which an environmental impact report has been certified),
AP 36-19-11 and 12, AP 36-21-09, AP 36-22-111 and 112, and
AP 36-46-29, creating 297 lots on property located south of
Oro-Bangor Highway and east of Lower Wyandotte Road, Oroville.
MOTION: GIVEN THE INFORMATION WHICH HAS BEEN SUBMITTED, MEETING
WITH THE PEOPLE IN THE AREA AND THOSE WHO HAVE PRESENTED
TESTTMON°, AND CONSIDERING CONDITIONS WHICH WE HAVE HAD
Page 272
November 8, 1983
November 8, 1983
** FOR OTHER DEVELOPMENTS IN FORMING SERVICE AREAS, I
00 WOULD MOVE. TO UPHOLD THE APPEAL ON CONDITION 23 AND
I WOULD DENY THE APPEAL ON CONDITION 8, AND ON THE
CONDITION DENIED WOULD ASK THAT WE HAVE PUBLIC WORKS
ALSO WORK WITH THE APPLICANT. ON THE PROPER RIGHTS-OF-WAY.
M S
VOTE: 1 ~' 2 Y 3 A 4 Y 5 N (Motion carried)
(COUNTY COUNSEL ASKED MR. SARACENI TF HE WOULD CLARIF`r THE
STATEMENT OF PUBLTC WORKS WORKING WITH THE APPLICANT ~- IF
THAT MEANT THE COUNTY SHOULD TNSTTTUTE CONDEMNATION ACTION.
MR. SARACENI RESPONDED THAT HE WOULD MEET WITH PUBLIC WORKS
AND THAT HE. WAS:.:HOP.EFUL SOMETHTNG~:COULD`,BE .WORKED DUT WLTHOUT.'
GOING TO CONDEMNATION PROCEEDINGS.)
83-922 Board of Supervisors - Code amendment, A-2 to be limiting
(18$) residential densities in the district to those density ranges
specific in the Butte County General Plan. (HEARING CLOSED;
TO BE LISTED ON REGULAR AGENDA OF NOVEMBER 15, 1983, FOR A
DECISION.)
83-923 David Forsman - appeal of Planning Commission's denial of a
(664) use permit (item on which a negative declaration regarding
environmental impact has Been recommended) to allow the
segregation of a one acre homesite on property zoned A-5
(agricultural five acre parcels) located on the south. side
of Rodeo Avenue, 1/4 mile west of Nord Avenue, identified
as AP 42-05-26, Chico. (CONTINUED TO NOVEMBER 15, 1983, AT
2:30 P.M.)
Additional Items
83-924 Request as to the status of the resolution dealing with
(672) removing storm drain meaintenance from CSA 26. ~- Supervisor
Moseley (STAFF TS PREPARING RESOLUTION)
Page 273
November 8, 1983
November 8, 1983
83-925 Abandonment of E. Linda Avenue - Del Siemsen recommended that
(721) the Board rescind resolution 83-177 adopted Last week, and
continue hearing on this matter.
MOTION: I G~OULD MOVE TO RESCIND THE ABANDONMENT OF A PORTION
OF EAST UNDO AVENUE.
S M
VOTE: l v 2 V 3 A 4 `? 5 V (Motion carried)
(HEARING TO BE CONTINUED ON THE REGULAR AGENDA OF NOVEMBER 1S)
ADJOURNMENT:
ATTEST:
There being nothing further before the Board at
this time the meeting was adjourned at 12:22 p.m.
MARTIN J. N CHOLS
Ch~A,Q1mi istr/~St
C ~. r (af~f t. ~~ r.
Bpi
firer and
Page 274
November 8, 1983