HomeMy WebLinkAboutM030183M I N U',T E S
March 1, 1983
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=~'~ BOARD OF SUPERVISORS
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:~ JANE DOLAN, 2nd D{evict,
AL SARACENt, Lse District
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• HILDA WHEELER, 3rd District
BERTHA t905ELEY, nth District
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• ••.•gr~s..a• ~1 • LEN FULTON, 5th District
Minute order
Call to order - The Board of Supervisors room, County Administration
Building, 25 County Center Driver Oroville, California.
Present: Supervisors Fulton, Moseley, Saraceni and Chair Dolan;
Mike Pyeatt, interim administrative officer, by Gerald Lively, deputy
administrative officer; Del Siemsen, county counsel; and, Eleanor M.
Becker, county clerk, by Rubye Townsley, deputy clerk. Absent:
Supervisor Wheeler.
Pledge of Allegiance to the Flag of the United States of America.
Invocation - Supervisor Moseley
20 83-179 Additional items from Board members to be addressed at the end
of the day:
(a) Announcement that Tom Struthers would be reporting on the
flooding situation in Nord and West Chico. - Chair Dolan
(b) A request that the following agenda items be postponed
indefinitely:
Community Action Agency - State Office of Economic Opportunity
has awarded a grant for services to American Indians Non-
I Reservation/Rancheria, $16,375 for calendar year 1983.
Community Action Agency -- receipt of an offer of $1,350,000
contract from California/Nevada Community Action Association for
weatherization program.
(c) Telephone message requesting the Larry Coonrod hearing be
continued. - Chair Dolan
(d) Announcement that the public hearing for Mark and Dorothy
Ford had inadvertently been omitted from the agenda but would
b2 held as advertized. - Chair Dolan
(e) A request that the Board pass a resolution proclaiming
National Women's History Week. - Chair Dolan
(f) A request to discuss letter received from Thermalito Irrigation
District. - Supervisor Moseley.
116 83-180 Items pulled from the consent agenda for separate consideration:
(a) Ordinance adding Article 13 to the Butte County Code -
Delinquency Prevention Commission. (CONTINUED TO MARCH 15, 1983)
', (b) Salary ordinance amendment ~- this amendment reclassified positions
in the Sheriff, Auditor, Welfare, Public Guardian and Treasurer-
', Tax Collector Departments.
195 83-181 Consent Agenda
', 1. Correction of minutes. Action requested: MAKE CORRECTTON.
Page 468
March 1, 1983
March 1, 1983
2. Approval of minutes, February 15, 1983. Action requested:
APPROVE MINUTES.
3. Budget transfers. Action requested: APPROVE BUDGET TRANSFERS.
4. Penalty abatement requests - change of ownership reports.
Action requested: APPROVE PENALTY ABATEMENT REgUESTS.
5. Dan and Terri Eekelbarger request for variance to Sections 19-10
and/or 19-12 of the Butte County Code for placement of a mobile
home on AP 41-29-97, Route I, Box 339, Oroville area; zoning:
A-2. Action requested: SET PUBLIC HEARING DATE FOR MARCH 22,
1983, AT 10:00 A.M.
6. Alice Bamford renewal of variance to Sections 19-10 and/or
19--12 of the Butte County Code for placement of a mobile
home on AP 25-17-50, Route 2, Box 2417, Oroville area;
zoning: A-5. Action requested: APPROVE VARIANCE RENEWAL.
7. Charles F. Leuder - renewal of variance to Sections I9-10
and/or 19-12 of the Butte County Code for placement of a
mobile home on AP 36-31-10, 4100 Foothill Boulevard, Oroville
area; zoning: A-5. Action requested: APPROVE VARIANCE
RENEWAL.
8. Martha Davis - renewal of variance to Sections 19-10 and/or
19-12 of the Butte County Code for placement of a mobile home
on AP 46-10-4-006, 1299 East Humboldt, Chico area; zoning:
A-2. Action requested: APPROVE VARIANCE RENEWAL.
9. K. E. Thacker - appeal of requirement for an environmental
impact report on property identified as AP 41-03-115, on
a request for rezoning from S-H and A-2 to PA-C, located
on the west side of Pentz Magalia Highway, approximately
one mile north from Oroville Pentz Road, Paradise. Action
requested: SET PUBLIC HEARING FOR APRIL 5, 1983, AT 10:00 A.M.
10. Ronald and Marianne Dreisbach - rezone (Item not subjected to
environmental review) from TM-160 (timber mountain - 160 acre
parcels) and A-2 (general) to TPX-160 (timber preserve -
160 acre parcels) located along Binet Road, approximately
one mile north of LaPorte Road and on Fields Ridge Road,
approximately 1.5 miles east of Sucker Run Road, identified
as AP 71-23-7, 73-21-34 and 35, Forbestown. Action requested:
SET PUBLIC HEARING FOR MARCH 22, 1983, AT 2:00 P.M.
11. W. F. and K. Squyres/J. McLaughlin - proposed negative
declaration regarding environmental impact and rezone from
S-R (suburban residential) to C-1 (light commercial) property
located on the north side of West Eighth Avenue, approximately
400 feet west of Meadow Road, identified as AP 43-07-11,
43-08-01, Chico. Action requested: SET PUBLIC HEARING FOR
MARCH 22, 1983, AT 2:30 P.M.
12. Claim - Lynn Hubbard, III, attorney, on behalf of Wayne Corner,
submits claim in the amount of $150,000 relative to an
automobile accident October 1982. Action requested: DENY
CLAIM, REFER TO COUNSEL/RISK MANAGEMENT.
13. Claim - Lynn Hubbard, attorney, on behalf of Bustin Neva,
submits claim in the amount of $3,000 alleging false arrest.
Action requested: DENY CLAIM REFER TO COUNSEL/RISK MANAGEMENT.
Page 469
March 1, 1983
March 1, 1983
14. Claim - Jordan N. Peckham, attorney, submits a claim on behalf
of Wilma K. Manoogian, in the amount of $100,000 related to
a claim of injury occurring at the old Administration Building
November 1982. Action requested: DENY CLAIM, REFER TO COUNSEL/
RISK MANAGEMENT.
15. Claim - Gale L. Lawrence, attorney, on behalf of Robert D.
and Dianne R. Schoenstein, submits a claim of property damage
and loss of income due to damages and injury occurring on
Swedes Flat Road in 1982, total amount, $25,000. Action
' requested: DENY CLAIM,. REFER TO COUNSEL/RISK MANAGEMENT.
16. Claim - Tom Jenkins, adjuster, on behalf of Oroville Bus
Lines, Inman et al, submits a claim in the amount of $4,600
of property damage related to road conditions, Lower Wyandotte
Road, Janurary 1983. Action requested: REJECT CLAIM, REFER
TO COUNSEL/RISK MANAGEMENT.
17. Claim - Carole Manes submits a claim in the amount of
$250,000 resulting from alleged injuries occurring at a
City of Gridley construction project. Action requested:
DENY CLAIM, REFER TO COUNSEL/RISK MANAGEMENT.
18. Claim - Marilynne Owen, on behalf of Brad Owen, a minor,
requests permission to file a late claim with a proposed
claim in the amount of $10,000,000. Action requested:
ALLOW FILING, DENY CLAIM, REFER TO COUNSEL/RISK MANAGEMENT.
19. Claim - Brent Matthew Owen - requests permission to file a
late claim with the proposed-claim in the amount of $10,000,000.
Action requested: ALLOW FILING, DENY CLAIM, REFER TO COUNTY
COUNSEL/RISK MANAGEMENT.
20. Medical indigent claims as adjusted to Medi-Cal reates.
Action requested: APPROVE CLAIMS
21. Contract - Children's Home Society - Mental Health - for
youth treatment services covering the period of July 1, 1982,
to June 30, 1983, up to a maximum amount of $121,968 (Corner-
stone services). Action requested: APPROVE AGREEMENT.
22. Waiver request - State Department of Alcohol and Drug Program.
Action requested: APPROVE WAIVER OF MAXIMUM RATE SCHEDULE
FOR BUTTE COUNTY'S ARUG COUNSELING PROGRAM THROUGH JUNE 30,
1983, AND AUTHORIZE APPROVAL TO BE COMMUNICATED TO THE STATE
DEPARTMENT OF ALCOHOL AND DRUG PROGRAMS.
23. Parent Education Network contract - Mental Health. Action
requested: APPROVE CONTRACT BETWEEN THE COUNTY OF BUTTE
AND THE PARENT EDUCATION NETWORK FOR SHELTER .CARE CONSULTATION
FOR THE PERIOD JANUARY 1, 1983, TO JUNE 30, 1983, IN AN AMOUNT
UP TO $3,000.
24. FY 82-83 Rape Crisis agreement. Action requested: APPROVE
AGREEMENT FOR $7,000.
25. Lowell V. Smith - appeal of Advisory Agency's denial of
tentative parcel map, AP 28-17-85, to create four parcels
approximately 1200 feet south of Swedes Flat Road and Stoney
Oaks Boulevard intersection, on west side of Stoney Oaks
Boulevard, north of Bangor (item on which negative declaration
of environmental impact has been recommended). Action requested:
5ET PUBLIC HEARING FOR MARCH 15, 1983, AT 1:30 P.M.
Page 470
March i, 1983
March 1, 1983
26. Shirley Smithey - appeal of Advisory Agency's denial of tenta-
tive parcel map and proposed Public Saorks' Conditions 9 and
20, AP 28-17-83, to divide 39 acres + to create four parcels,
one at 8 acres and three at 10 acres for residential use, on
the north side of Obert Drive, 1300 feet east of Stoney Oaks
Boulevard, Swedes Flat area (item on which negative declaration
of environmental impact has been recommended) Action requested:
SET PUBLIC HEARING FOR MARCH 15, 1983, AT 1:45 P.M.
27. Robert Schoenstein - appeal of Advisory Agency's denial of
tentative parcel map, AP 72-33-46, creating four parcels,
1/2 mile north of Hurleton Swedes Flat Road and Purple Rocks
Lane, Swedes Flat area (Item on which negative declaration
of environmental impact has been recommended). Action requested:
SET PUBLIC HEARING FOR MARCH 15, 1983, AT 2:00 P.M.
28. Resolution of intention to rename a private road in Butte
County - Pleasure Court (end to Centennial Avenue) to Crow
Canyon Court. Action requested: ADOPT RESOLUTION 83-23
SETTING PUBLIC HEARING FOR MARCH 29, 1983, AT 10:00 A.M.
29, Cooperative agreement for intercity transportation services -
Amendment No. 1. Action requested: APPROVE AGREEMENT.
30. Appointments to the Gridley Memorial Hall Committee. Action
requested: APPOINT TIM TOKUNO, DELEGATE, AND SAM McKEY,
ALTERNATE, TO THE GRIDLEY MEMORIAL HALL COMMITTEE TO SERVE
UNTIL DECEMBER 31, 1983, OR UNTIL THE APPOINTMENT OF THEIR
SUCCESSORS.
31. Appointment to the Butte County Veterans' Council Hall Committee.
Action requested: APPOINT TIM TOKUNO, DELEGATE, AND HERBERT
PERKZNS, ALTERNATE, TO THE BUTTE COUNTY VETERANS' COUNCIL
HALL COMMITTEE TO SERVE UNTIL DECEMBER 31, 1983, OR UNTIL THE
APPOINTMENT OF THEIR SUCCESSORS.
32. Public Health equipment purchase. Action requested: APPROVE
THE PURCHASE OF ONE REFRIGERATOR AT A COST NOT TO EXCEED $700.
33. Replacement vehicle. Action requested. DECLARE VEHICLE 695
SURPLUS: AUTHORIZE ITS RELEASE TO THE INSURANCE COMPANY FOR
SALVAGE: AUTHORIZE THE PURCHASE OF A 1980 PLYMOUTH VOLARE FROM
THE HERTZ CORPORATION FOR THE AMOUNT OF $3,816 INCLUDING SALES
TAX.
34. Purchasing Officer - declaration of surplus equipment micro-
film processor, film duplicator. Action requested: DECLARE
THE UNITS SURPLUS AND AUTHORIZE DISPOSAL BY SEALED BID SALE.
35. Personnel Appeals Commission - the labor organizations have
agreed on the renomination of Ed Bronson as the member and
Richard Hood as the alternate member to the Butte County
Personnal Appeals Commission. Action requested: APPOINT
ED BRONSON AS THE REGULAR MEMBER TO A FOUR YEAR TERM AND
RICHARD HOOD AS AN ALTERNATE MEMBER TO A TWO YEAR TERM.
36. Public Employees' Retirement System resolution - the Public
Employees' Retirement System provides an opportunity for
contracting agencies to extend the pay out period from the
year 2000 to 2011. This will result in a reduction in the
county contribution rate for retirement and extend the period
of time the liability is to be paid out. Action requested:
ADOPT RESOLUTION 83-24 AND AUTHORIZE THE CHAIR TO SIGN.
Page 471
March 1, 1983
March 1, 1983
275
320
350
510
624
721
780
37. Cable television services in unincorporated areas of Paradise.
', Action requested: SET PUBLIC HEARTNG FOR MARCH 22, 1983, AT
11:30 A.M.
MOTION: TO APPROVE CONSENT AGENDA WITH ITEMS DELETED AND CHANGED.
P4 S
VOTE: l Y 2 Y 3 A 4 Y 5 Y (Motion carried}
83-182 Salary ordinance amendment - this amendment reclassifies positions
in the Sheriff, Auditor, Welfare, Public Guardian and Treasurer/
T'ax Collector Departments. Action requested: WAIVE THE FTRST
READING OF THE ORDINANCE.
MOTION: TO APPROVE THE ACTION REQUESTED.
M S
VOTE: l Y 2 Y 3 A 4 Y 5 Y (Motion carried)
I Regular Agenda
83-183 Report on request of George Robison requesting waiver of fees
in the total amount of $153. (CONTINUED TO MARCH 8, 1983)
83-184 Discussion of George Schwindeman's letter requesting an audit
of various memorial hall incomes. (CONTINUED UNTIL SUPERVISOR
FULTON BRINGS IT BACK ON THE AGENDA)
83-185 Motion of intent to loan up to $30,000 to CSA #26 for drainage
purposes. (CONTINUED UNTIL SUPERVISOR MOSELEY BRINGS IT BACK ON
THE AGENDA)
83-186 Agreement providing for the defense by the County Counsel of county
of all actions filed in Superior Court against city seeking a
refund of taxes assessed and levied on property within city.
MOTION: TO APPROVE AGREEMENT, AS REQUESTED
M S
VOTE: l Y 2 Y 3 A 4 Y 5 Y (Motion carried)
Communications
83-I87 James H. Caswell, Oroville - requests the Board of Supervisors
adopt a noise ordinance. (SUPERVISOR SARACENT TO BRING BACK ON
THE AGENDA)
83-188 Additional items from Board members to be addressed at the end
of the day:
', (1) A request that the Board pass a resolution proclaiming National
Women's History Week. - Chair Dolan
MOTION: ADOPT RESOLUTION 83-25 PROCLAIMING THE WEEK OF MARCH 6
THROUGH MARCH 12, 1983, AS NATIONAL WOMEN'S HISTORX WEEK.
S M
VOTE: l Y 2 Y 3 A 4 Y 5 Y (Motion carried)
2) Discussion of communications from Auditor regarding the 2~ refund
of taxes (Barrett vs. County of Santa Clara). Chair Dolan
(NO ACTION TAKEN)
gage 472
March 1, 1983
833
900
1212
March 1, 1983
RECESS: 9:32 A.M.
RECONVENE: 9:47 A.M.
RECESS: The Board recessed at 9:47 a.m. for closed session on
I matters of litigation.
RECONVENE: The Board reconvened at 10:13 a.m. following a closed
session on matters of litigation. (NO ANNOUNCEMENTS MADE)
83-189 'Business from the floor:
1. A representative from State TV Cable spoke to the Board brierly
at this time and presented a check to the county for franchise
fees for 1982.
Public Hearings & Timed Items
83-190 Public Hearing - James W. Kelm - proposed negative dellaration
regarding environmental review and an application for withdrawal
from the Williamson Act on AP 27-04-053.
MOTION: I FIND THAT THE REQUIREMENTS OF CEQA HAVE BEEN COMPLETED
AND CONSIDERED IN MAKING THIS DECISION AND ADOPT A NEGA-
TIVE DECLARATION; AND
FIND THAT THE CANCELLATION WILL NOT RESULT TN DISCONTI-
GUOUS PATTERNS OF DEVELOPMENT AND CONFORMS TO THE GENERAL
PLAN AND CONFORMS TO THE REQUIREMENTS OF GOVERNMENT CODE
SECTION 51282.1 ET SEQ.; AND
TENTATIVELY APPROVE THE CANCELLATION OF JAMES W. KELM ON
AP 27-04-53 SUBJECT T0:
A TENTATIVE APPROVAL OF A PETITION TO CANCEL A CONTRACT
SHALL BE VALID FOR ONE YEAR FROM THE DATE OF STS RECORDA-
TION PURSUANT TO SECTION 51283.4. IF THE LANDOWNER HAS
BEEN UNABLE TO SATISFY ALL THE CONDITIONS AND CONTIN-
GENCIES GVITHTN THAT PERIOD, THE PROVISIONS OF SUBDIVISION
(C) OF SECTION 51283.4 SHALL APPLY AND THE TENTATIVE
', APPROVAL OF THE CANCELLATION OF THE CONTRACT SHALL BE
WITHDRAWN, UNLESS THE LANDOWNER HAS PAID THE REQUIRED
CANCELLATION FEE, HOWEVER, THE BOARD MAY ALSO EXTEND
THE ONE-YEAR TIME PERIOD FOR A RESONABLE PERIOD UPON A
FINDING THAT THE LANDOWNER HAS PROCEEDED WITH DUE
AILIGENCE AND HAS BEEN PREVENTED FROM SATISFYING THE
CONDITIONS AND CONTINGENCIES BY CIRCUMSTANCES BEYOND HIS
CONTROL.
CANCELLATION FEES WILL BE AT THE MAXIMUM AMOUNT.
M S
VOTE: l Y 2 Y 3 A 4 Y 5 Y (Motion carried}
RECESS: 10:26 A.M.
RECONVENE: 10:35 A.M.
83-191 Public Hearing - Donald L. Lucas - proposed negative declaration
regarding environmental review and an application for withdrawal
from the Williamson Act on AP 72-18-41.
', MOTION: I WOULD FIND THAT THE REQUIREMENTS OF CEQA NAVE BEEN COM-
PLETED AND CONSIDERED IN MAKING THIS DECISION AND ADOPT A
Page 473
', March 1, 1983
March 1, 1983
NEGATIVE DELCARATION; AND
FIND THAT THE CANCELLATION WILL NOT RESULT IN DISCONTI-
GUOUS PATTERNS OF DEVELOPMETTT AND CONFORMS TO THE GENERAL
PLAN AND CONFORMS TO THE REQUIREMENTS OF GOVERNMENT CODE
SECTION 51282.1 ET SEQ.; AND
TENTATIVELY APPROVE THE CANCELLATION OF DONALD L. LUCAS ON
AP 72-18-41 SUBJECT TO:
A TENTATIVE APPROVAL OF A PETITION TO CANCEL A CONTRACT '
SHALL BE VALID FOR ONE YEAR FROM THE BATE OF ITS RECORDA-
TION PURSUANT TO SECTION 51283.4. IF THE LANDOWNER HAS
BEEN UNABLE TO SATISFY ALL THE CONDITIONS AND CONTINGENCIES
WITHIN THAT PERIOD, THE PROVISIONS OF SUBDIVISION (C) OF
SECTIONS 51283.4 SHALL APPLY AND THE TENTATIVE APPROVAL
OF THE CANCELLATION OF THE CONTRACT SHALL BE WITHDRAWN,
UNLE55 THE LANDOWNER HAS PAID THE REQUIRED CANCELLATION
FEE. HOWEVER, THE BOARD MAY ALSO EXTEND THE ONE-YEAR
TIME PERIOD FOR A REASONABLE PERIOD UPON A FINDING THAT
THE LANDOWNER HAS PROCEEDED WITH DUE DILIGENCE AND HAS
BEEN PREVENTED FROM SATISFYING THE CONDITIONS AND CONTIN-
GENCIES BY CIRCUMSTANCES BEYOND HIS CONTROL.
CANCELLATION FEES WILL BE AT THE MAXIMUM AMOUNT.
M S
VOTE: l Y 2 Y 3 A 4 Y 5 Y (Motion carried)
1350 83-192 Discussion. by_Ed,:.Brown,.county assessor, regarding cancellations,
when cancellation .fees are paid, and the financial effects of the
Land Conservation Act.
2380 83-193 W. Scott and Bridget Rutherford - appeal the Advisory Agency's
Conditions 2 and 18 on the tentative parcel map for AP 63-02-70,
three parcels, almost one mile south of Crown Point Road and Doe
Mill Road intersection. Doe Mill Road intersects parcel at
northeast corner. North Chico area.
RECESS: 10:12 A.M.
RECONVENE: 10:18 A.M.
(RUTHERFORD HEARING WILL BE CONTINUED IN OPEN STATUS UNTIL
MARCH 29, 1983 AT 10:15 A.M.)
RECESS: 11:21 A.M. '
RECONVENE: 11:32 A.M.
i.
2769 83-194
Public Hearing - Mark and Dorothy Ford - request for variance to
Sections 19--10 and/or 19-12 of the Butte County Code for placement
of a mobile home on AP 39-21--070, Route 3, Box 127, Chico Street,
Chico area; zoning: A-20.
MOTION: I WOULD MOVE APPROVAL.
S M
VOTE: l Y 2 Y 3 A 4 Y 5 Y (Motion carried)
2856 83-195 Public Hearing - B. C. Richter Contracting - requests determination
** ' of whether a mining and reclamation operation in an Agricultural
00 ', Preserve is a compatible use pursuant to Resolution 68-7.
(CONTINUED TO MARCH 29, 1983, AT 11:00 A.M.)
Page 474
March 1, 1983
2878 83-196
2995 83-197
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March 1, 1983
Announcement by Chair Dolan that she had spoken on the telephone
to Tom Struthers,-Civil Disaster Coordinator, and he had reported
on the flooding situation in the Nord area and requested that the
Board declare a local state of emergency.
MOTION: TO DECLARE A LOCAL STATE OF EMERGENCY.
S M
VOTE: 1 2 3 4 5 (Motion carried)
Public Hearing - Larry Coonrod. Matthew York appeals the Advisory
Agency's approval of the Larry Coonrod tentative parcel map for
AP 56-08-113, four parcels on the west side of Hollow Oak Drive,
approximately 2000 feet west of Cohasset Highway.
(OPEN HEARSNG CONTINUED TO MARCH 29. 1983, AT 10:30 A.M.)
ADJOURNb1ENT: There being nothing further before the Board at
this time the meeting adjourned at 1:15 P.M.
Page 475
March 1, 1983
Butte County Board of supervisors