HomeMy WebLinkAboutM020784February 7; 1984.•
Call to order - Board of Supervisors room, County Administration
Building, 25 County Center Drive, Oroville,
Present: Supervisors Dolan, Fulton, Wheeler and Chairman Sara-
ceni; Martin J. Nichols, chief administrative officer; Del
Siemsen, county counsel; and, Rubye Townsley, deputy clerk.
Absent: Supervisor Moseley
Pledge of allegiance to the Flag of the United States of America.
Invocation - Supervisor Wheeler
-109 Additional items from Board members to be addressed at the end
of the day:
1. Supervisor Wheeler.- requesting resolution supporting
reduction of federal grant that comes to legal services
corporations if they are successful in obtaining legal fees
from another governmental jurisdiction.
2. Supervisor Wheeler - memo to be read into the record
84-110 Items removed from the consent agenda for separate consideration:
1. Budget transfers.
2. Land Conservation Agreements - request for inclusion into
the Land Conservation Act for Sohnrey Bros.; Jack & Elizabeth
Rawlings; Jean Davis; The Fairlee Ranch; Walter & Hazel Little;
Berniece Morton Ts.; Onstott Orchards; Jack Norman Mariani; Jack
Dennis Mariani; Harold M. Everton; Elva Lorene Bjarklund; Lois
Delores Bultema and Doris Leona Peterson; Louis Righero etal;
Lance and Audrey Z. Tennis; Lance D. Tennis, Patrick G. Tennis
Page 423
February .7,,1984
February 7, 1984
and Kathy M. Garland; Richard and Lucille She11; Brian and Patri-
cia Robinson; Maynard & Irene Engle; Muriel J. Turner; and Darrell
W. Kister.
3. Land Conservation Agreement - request for inclusion into the
Land Conservation Act for John and Janice Haukenberry.
4. Butte County Veterans Council - James M. Hurst, president,
proposes an amendment to the Memorial Ha11 Regulations regarding
the granting of free use of the Memorial Halls to organizations,
84-111 Consent Agenda
(83}
1. Approval of minutes - January 31, 1984. Action requested:
APPROVE MINUTES.
2. Resolution of appreciation - Fred Carne, California Highway
Patrol. Action requested: ADOPT RESOLUTION 84--18 AND AUTHOR-
IZE CHAIRMAN TO SIGN.
3. Penalty abatement requests-- change of ownership reports.
Action requested: APPROVE REQUESTS AS FOLLOWS:
Mr. & Mrs. John A. Lewis, Jr.
Gordon L. Massae
John E. Massae
Sierra National Trust
Robert D. Coe
Thomas Sherard Krumholz
Maryanne Stoll
Mr, & Mrs. Bradley Memeo
Mr..&.Mrs. Fred R. Woell
Mr. & Mrs. Doug Wetmore
Page 424
AP 065-29-0--008--0
AP 069-51-0-022-0
AP 069-50-0~-013-0
AP 069-50-0-002-0
AP 069-51-0-023-0
AP 069-50-0-011-0
AP 069-50-0-016-0
AP 069-50-0-017-0
AP 069-50-0-018-0
AP 069-50-0-020-0
AP 045-08-1-022.0
AP 008-15-0-016-0
AP 048-27-0-003-0
AP 054-14-2-092-0
AP 008-57-0-006-0''
AP 046-45-0-006--0
February 7, 1984
Februar 7, 1984
84-lll 4. Rolleigh W. Hix - request for variance to sections 19-10
(Cont'd) and/or 19-12 of the Butte County Code far placement of a
mobile home on AP 36-22-13, 4151. Oro Bangor Highway, Oraville
area. Zoning: AR-MH. Action requested: SET PUBLIC HEARING
DATE FOR FEBRUARY 28, 1984, AT 10:00 A.M.
5. Hamby Surveying, Inc. - The Surveyors, on behalf of Jahn W.
Hamby appeal the Advisory Agency's recommended mitigated
negative declaration regarding environmental impact and denial
of a tentative parcel map, AP 63-O1-100, dividing 42.35 acres
into 4 parcels at 10+ acres each, property located 2,000 feet
east of the intersection of Doe Mi11 Road and Summer Place
Road, Forest Ranch area. Action requested: SET PUBLIC
HEARING DATE FOR FEBRUAR~Z 28, 1984, AT 11:15 A.M.
6. Cook Associates - The engineer, on behalf of Don Choate,
appeals the Advisory Agency`s recommended mitigated negative
declaration regarding environmental impact and denial of a
tentative parcel map, AP 24-24-44, dividing approximately
82 acres into 4 parcels, one at 15.8 acres, one at 26.2 acres,
and two at 20 acres, property located on the north side of
Lower Honcut Raad near its intersection with Highway 70,
south of Oroville. Action requested: SET PUBLIC HEARING
DATE FOR FEBRUARY' 28, 1984, AT 11:30 A.M.
7. Director of:_Libraries::~- relief:.from accountability in - ::...
accordance with Government Code Section 29390 and Resolution
75-177 concerning the theft of $5.00 from the Biggs Branch
Library on ar about December 6, 1983. Action requested:
APPROVE RELIEF FROM CASH SHORTAGE.
8. Rodney A. Kline, attorney at law - The attorneys, on behalf
of Donna M. and Norman M. Gardner, submit application to file
a late claim and claim for personal injuries in the amount of
$150,000 as a result of alleged injuries occurring on or about
June 14, 1983, at Chico Junior High School. (From 1/24/84)
Action requested: DENv APPLICATION OF LATE CLAIM.
9. Steven J. Howell, attorney at law - The attorney, an behalf of
Jerry Short, submits a claim for alleged damages in the amount
of $500,000 as a result of an incident occurring on November 3,
1983, in Oroville. Action requested: REJECT CLAIM AND REFER
TO COUNTv COUNSEL AND RISK MANAGEMENT COORDINATOR.
Page 425
February 7, 1984
February 7, 1.984
84-111 10. Final map - Deer Peak Lake Estates - The developer has com-
(Cont'd) pleted construction of road and drainage facilities and
provided a maintenance bond to guarantee maintenance for a
period of one year from December 9, 1983, far the subdivision
identified as AP 41-03-60-, 41-04-31 and 41--97-37 and 38,
29 lots, property located on the north end of Rich Gulch
Raad, east of State Highway 70. Action requested: NOTE
THAT THE DEVELOPER HAS PAID ALL CURRENT TAXES OR SPECIAL
ASSESSMENTS AND THAT NO DEPOSIT IS REQUIRED; APPROVE THE FINAL
MAP AND ACCEPT EASEMENTS AS OFFERED FOR DEDICATIONS IN ITEMS
1, 2 AND 3 OF THE OWNER'S CERTIFICATE; AND AUTHORIZE THE
CHAIRMAN TO SIGN THE SUBDIVISION AGREEMENT.
11. Ordinance establishing speed limit on Esplanade - Public Works
has completed traffic studies on the Esplanade and recommends
the road be speed zoned for 35 MPH from Eaton Road to State
Highway 99. Action requested: WAIVE THE FIRST READING OF
THE ORDINANCE.
12. Salary ordinance amendment - the ordinance reclassifies
several positions which have been under review by the Person-
nel Department. Action requested. WAIVE THE SECOND READING
AND ADOPT ORDINANCE 2390.
13. Conveyance of development rights and open area easement for
Edwin A. Becker and Naomi G. Becker to comply with condition
of approval on use permit for AP 38-17-05. Action requested:
AUTHORIZE THE CHAIRMAN TO SIGN CONVEYANCE OF DEVELOPMENT
RIGHTS AND OPEN AREA EASEMENT.
14. Amendment to Land Conservation Act Agreement to amend acreage
on contract for Sargent Glenn Hoffman, Jr., etal. Action
requested:~APPROVE AMENDMENT. TO AGREEMENT AND AUTHORIZE THE
CHAIRMAN TO SIGN.
1S. Communications:
a. Glenn Baker, Magalia - sends information CDnCErning a
co-generation power plant in Sutter County. Action re-
quested: ACCEPT FOR INFORMATION AND REFER TO AIR POLLUTION
CONTROL.
b. Butte County Veterans Council - James M. Hurst, president,
writes indicating the Veterans Council does not recognize the
California Veterans Square Dance Association as a veterans
organization. Action requested: ACCEPT FOR INFORMATION.
Page 42fi
February 7, 1984
February 7, 1984
84-111 c. Lau Ann M. Rupp, Oroville - requests Board of Supervisors
(Cont'd) granting of relief for taxes on her property. Action
requested: REFER TO COUNTY COUNSEL FOR RECOMMENDATION TO
THE CHIEF ADMINISTRATIVE OFFICER REGARDING REVENUE AND
TAXATION CODE SECTION 4876.
d. Committee to Reform Spending Practice in the California
Legislature - the organization submits information and
requests support calling far reform of the Legislature's
$120 million "slush fund." Action requested: ACCEPT FOR
INFORMATION,
e. State Water Resources Control Board - Sends notification
of a public hearing to be held March 8, 1984, to receive
testimony on revised forest practice rules far use on state
and private lands to protect water quality. Action requested:
ACCEPT FOR INFORMATION.
MOTION: APPROVE CONSENT AGENDA.
M S
VOTE: l Y 2 Y 3 Y 4 AB 5 Y (Motion carried)
84-112 Budget transfer B-128. (CONTINUED TO FEBRUARY 14, 1984.)
84-113 Budget transfers,B-126 and B-127.
MOTION: APPROVE BUDGET TRANSFERS B-126 AND B-127.
M S
VOTE: l Y 2 Y 3 Y 4 AB 5 Y (motion carried}
84-114 Land Conservation Agreements - request for inclusion into the
(139) Land Conservation Act for Sohnrey Bros.; Jack & Elizabeth Rawlins;
Jean Davis; The Fairlee Ranch; Walter & Hazel Little; Berniece
Morton Tr.; Onstott Orchards; Jack Norman Mariani; Jack Dennis
Page 427
February 7, 1984
February 7, 1984
Mariam ; Harold M. Everton; Elva Lorene Bjorklund, Lois
Delores Bultema, and Doris Leona Peterson; Louis Righero,
eta1; Lance and Audrey Z. Tennis; Lance D. Tennis, Patrick
G. Tennis, and Kathy M. Garland; Richard and Lucille She11;
Brian and Patricia Robinson, Maynard & Irene Engle; Muriel
J. Turner; and Darrell W. Kister. (CONTINUED TO FEBRUARY 14,
1984.)
84-115 Butte County Veterans Council - James M. Hurst, president,
(162) proposes an amendment to the Memorial Hall Regulations regard.-
ing:.the granting of free use of the Memorial Halls to organi-
zations.
MOTION: AMEND ARTICLE 2, SECTION 1, PAGE 4 OF THE MEMORIAL
HALL REGULATIONS TO READ THAT ALL VETERANS ORGANIZATIONS
CHARTERED OR RECOGNIZED B`_'' CONGRESS OF THE UNITED STATES
OF AMERICA,;BY VIRTUE OF AUTHORITY CONTAINED IN TITLE
38, U.S. CODE SECTION 34Q2, BE GRANTED FREE USE OF
MEMORIAL HALLS. AS PROVIDED BY CALIFORNIA STATE LAW FOR
THEIR REGULAR SCHEDULED MEETINGS AND SPECIAL BUSINESS
MEETINGS. THEIR AUXILIARIES SHALL ALSO BE ENTITLED
TO MEET AT THE SAME SCHEDULED DATE AND TIME WITH THEM.
ALL OTHER MEETINGS AND SOCIAL OR FUND-RAISING EVENTS
MUST BE APPROVED AND .SCHEDULED B~ THE MEMORIAL HALL
COMMITTEES.
S
VOTE: 1 2 3 4
MOTION: TABLE TO FEBRUARY 14, 1984.
S M
VOTE: 1 Y 2 Y 3 Y 4 AB
M
5
5 N (Motion carried)
84-116 Additional communication: Letter from Colonel Elarth regarding
amended Constitution and Bylaws of the California Veterans Square
Dance Association requesting that they be considered eligible for
free use of the memorial halls.
MOTION: REFER TO COUNSEL FOR A LEGISLATIVE INTERPRETATION.
S M
VOTE: 1 Y 2 Y 3 Y 4 AB
Page 428
5 V {Motion carried)
February 7, 1984
Fe'b'r'u'ary 7, 1984
Regular Agenda
84-1.17 Consideration of establishing Board of Supervisors' Budget
(484) Committee for 1984-85 (From 1/31/84) (CONTINUED TO FEBRUARY 14,
1984, TO ALLOW COUNSEL TIME TO LOOK INTO THE CONCEPT OF TWO
COMMITTEES AS PROPOSED BY CHAIRMAN SARACENI, TO MAKE SURE STATE
LAW IS NOT BROKEN.)
84-118 Discussion of the proposed McCabe Creek Conservation Camp.
(550)
MOTION: AUTHORIZE LETTER BE SENT TO APPROPRIATE OFFICIALS
DEMANDING MORE INFORMATION AND A PUBLIC HEARING TO
BE HELD IN THIS AREA.
S M
VOTE: l Y 2 Y 3 Y 4 AB 5 Y (Motion carried)
(COPIES OF THE LETTER TO BE SENT TO ALL OTHER NECESSARY ,
LEGISLATIVE REPRESENTATIVES IN SACRAMENTO AND THE OFFICE OF
FORESTRY AND CONSERVATION.)
RECESS: 10:12 A.M.
RECONVENE: 10:25 A.M.
Public Hearings' and Tried Items
84-119 Robert M. Huskey - appeals the Advisory Agency's requirement
(2218} for an environmental impact report on a tentative parcel map,
AP 30-24-53, four parcels, property located approximately 800
feet west of Larkin Road, on the south side of Afterbay Drive,
Thermalito area. (OPEN HEARING CONTINUED TO MARCH 6, 1984,
AT 10:00 A.~M. )
84-120 Appearance: Bill Thompson, requesting the Board to extend
(2389) authorization far Auditor to use County funds.for C.A.A. to
operate CSBG progam. The„Board .authorized $20,000 on December 13.
Page 429 February 7, 1984
Febr'uar'y 7, 1.984
84-120 MOTION: AUTHORIZE AN ADDITIONAL $20,000 FOR A TOTAL OF
{Cont'd) $40,000 TO CARRY THROUGH UNTIL THE CONTRACT IS
RECEIVED.
S M
VOTE: 1 Y 2 Y 3 Y 4 AB 5 ~' (Motion carried)
Public He'a'ri'ngs' and Timed Items
84-121 Butte County Board of Supervisors - proposed negative declara-
(2493) Lion regarding environmental impact and amendment to the zoning
ordinance to allow for conditional zoning. (CONTINUED OPEN
** TO FEBRUARY 14, 1984, AT 11:15 A.M.)
00
84-122 Clarification of conditions Oakvale Terrace Subdivision (North-
(04) west Pacific Resources, Inc.), AP 34--37-113, 72 lots, property
located on the west side of Oakvale Avenue, south of Hilldale
Avenue, Oroville area. (From 1/24/84) (CONTINUED TO
FEBRUARY 14, 1984, AT 11:30 A.M.)
84--123 Recognition of persons wishing to speak:
(478) 1, Colonel Elarth - regarding the status of the California
Veterans Square Dance Association's use of the Memorial
Hall.
2. Donald Clayton, F. R.O.C. - requesting waiving building fees
for renovation of county-owned building. (CONTINUED TO
FEBRUARY' 14, 1984, AFTER MORE INFORMATION IS SUBMITTED
FROM THE PUBLIC WORKS DEPARTMENT.)
3. Kelly Meagher - regarding money owed to county by Bidwell
Heights Land Company for environmental impact report costs.
4. Bill Cottingham - regarding a statement received from the
Planning Department.
Page 430
February 7, 1984
February 7, 1984
84-124 Item pulled from consent agenda:
(1110}
Land Conservation Agreement - request for inclusion into the
"" Land Conservation Act for John and Janice Haukenberry.
(CONTINUED TO FEBRUARY 14, 1984)
84-125 Additional items from Board members:
(1182}
1. Supervisor Wheeler entered a letter into the record from
Richard Shears and Lynn Smith regarding an $11,000 deposit
made fora public access road and a request for a return of
the money. {REFERRED TO COUNTY COUNSEL FOR A RESPONSE ON
FEBRUARY 14, 19$4.)
2. Supervisor Wheeler advises that a communication from Mr.
Bill Harp, 3502 Bridle Lane, Chico, states .that the. people in
that area would like a road maintenance district established.
(REFERRED TO BILL CHEFF AND DEL SIEMSEN)
~~~` 3. Supervisor Wheeler entered into the record a memo from
000 herself to the Board dated February 6, 1984, regarding statements
made in the aftermath of the Midway Orchards Williamson Act
agreement.
RECESS: 11:39 A.M.
RECONVENE: 1:34 P.M.
(SUPERVISOR FULTON ABSENT AT THIS TIME)
Public Hearings and Timed' Items
84=126
~~~~
0000 Closed heating - Oroviile Area Land Use Plan - amendment to the
Butte County General Plan and rezone (draft supplemental
environmental impact report and an EIR prepared to the City of
Oroville's General Plan on which the supplement is based).
(From 1/31/$4) (IN RESPONSE TO MR. SARACENI'S CONCERNS,
BETTYE RIRCHER, PLANNING DIRECTOR, MADE RECOMMENDATIONS
Page 431
February 7, 1984
February 7, 1984
84-126 REGARDING REFERRALS TO THE PLANNING COMMISSION FOR AREA EAST
(Cont'd) OF WYANDOTTE -- MINERS RANCH ROAD; URBAN RESERVE AREA; AIRPORT
AREA; COMMERCIAL STRIP ALONG OLIVE HIGHWAY', PG&E PROPERTIES.)
MOTION: MAKE A MOTION OF INTENT TO APPROVE, INCORPORATING
MRS. KIRCHER'S COMMENTS.
M S
VOTE: 1 ~' 2 Y 3 ~' 4 AB 5 AB (Motion carried)
(CONTINUED TO FEBRUARY? 28, 1984, FOR FINAL ACTION.)
84-127 Additional items from Board members:
(343)
1. Supervisor Dolan submitted a letter from Eldon "Bud"
Sutton requesting Board's interpretation of what is allowable
in an agricultural 5-acre zone. (REFERRED TO PLANNING DIRECTOR
AND COUNTY COUNSEL TO PROVIDE BOARD WITH RECOMMENDATIONrON
FEBRUARY 14, 1984.)
CLOSED SESSION: The Board recessed at 1:50 p.m. for a closed
session.
RECONVENE: The Board reconvened at 2:13 following a closed
session on litigation. (NO ANNOUNCEMENTS.)
ADJOURNMENT: There being nothing further before the Board at
the time the meeting was adjourned at 2:14 p.m.
Chairman, Board of Supervisors
ATTEST:
MARTIN J. NICHOLS
Chief ~.dminis ative Officer and
C1er of the and
Page 432
February 7, 1984