HomeMy WebLinkAboutM042484April 24, 1984
Call to order - Board of Supervisors room, County Administration Center,
Oroville.
Present: Supervisors Fulton, Moseley, Wheeler and Chairman Saraceni;
Martin J. Nichols, chief administrative officer; Del Siemsen, county
counsel; and, Rubye Townsley, deputy clerk of the Board.
Absent: Supervisor Dolan
Pledge of allegiance to the Flag of the United States of America
Invocation - Supervisor Moseley
$4-337 Additional items from Board members to be addressed at the end of the
day:
{SUPERVISOR DOLAN PRESENT AT THIS TIME)
1. Supervisor Wheeler would like to discuss two assembly bills and
would like to make some comments on the nitrate issue.
2. Supervisor Moseley would like to make a nomination to the Butte
County Council for Senior Citizens.
84-338 Consent agenda items amended, corrected or..removed for separate
consideration:
1. Approval of minutes - April 17, 1984.
2. Resolution authorizing the Chairman of the Board of Supervisors
to sign all contracts and resolutions approved by the Board.
Page 33
April 24, 1984
April 24, 1984
84-338 3. Paradise Bluffs Assessment District agreement - amount corrected
(Cont'd} to $23,695.
_~_. __Agricultural_Commisioner__revenue agreements -_amended to _reflect
recommendation to approve agreement and authorize the Chairman to
sign.
84-339 Consent Agenda
(80 }
1. Budget transfers. Action requested: APPROVE BUDGET TRANSFERS
~-200, s-2o1, ~-202.
2. Resolution proclaiming April 28, 1984, as "Endangered Species
Day." Action requested: ADOPT RESOLUTION 84-75 AND AUTHORIZE
CHAIRMAN To szGN.
3. Resolution amending Resolution 84-10 which corrects an erroneous
legal description relating to the summary abandonment of Indian
Drive in the Paradise area. Action requested: ADOPT RESOLUTION
84-76 AND AUTHORIZE THE CHAIRMAN TO SIGN.
4. GDA Engineering - an behalf of Terry Greerty, appeals the
Advisory Agency's requirement for an environmental impact
report for a tentative parcel map- AP 28-17-07 and AP 72-39-03,
20 parcels, property located approximately 1000 feet north of
the intersection of Hurleton Swedes Flat Road and Swedes Flat
Road on both sides of Hurleton Swedes Flat Road, Swedes Flat
area. Action requested: SET PUBLIC HEARING DATE FOR MAY 15,
1984, AT 10:15 A,M.
5. Palermo Volunteer Fire Company - request to return ownership
of Water Tender 72 so that it may be disposed of. Action
requested: AUTHORIZE RETURN OF OWNERSHIP OF 1953 GMC (LICENSE
E577679} TO FIRE COMPANY.
6. Steven Marc Stapleton, attorney - on behalf of Paul Harold
Koenig, files a cliam in the amount of $2,000,000 as a result
of alleged damages incurred an January 21, 1984, at the Butte
County Jail. Action requested: DENY CLAIM AND REFER TO COUNTY
COUNSEL AND RISK MANAGEMENT COORDINATOR.
7. Systems and Computer Technology - files a claim for refund of
taxes in the amount of $1,316.02 and expenses of $575 for fiscal
year 1983-84 in accordance with Revenue and Taxation Code Section
107.6. Action requested: DENY CLAIM AND REFER TO COUNTY COUNSEL.
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April 24, 1984
April 24, 1984
84-339 8. Receiving home daily rate -- the Welfare Director requests
(Cont'd) increased payment for children (13-19 years oldj placed in
receiving homes from $15.00 per day to $18.00 per day. Action
requested: AUTHORIZE INCREASE IN RATE.
9. Paradise Bluffs Assessment District - an agreement has been
prepared with Pacific Gas & Electric Company in the amount of
$23,695 to cover PG&E's cost of trenching, bacisfilling and
installation of utility facilities. Action requested: APPROVE.
AGREEMENT AND AUTHORIZE CHAIRMAN TO SIGN.
10. Agricultural Commissioner revenue agreements - between the
county and State Department of Faod and Agriculture as follows:
Agreement 6002 - Trapping, insect $74,670
Agreement 6054 - Pesticide use enforcement 32,575
Agreement 6112 - Agricultural Commissioner's salary 6,600
Agreement 6172 - Egg quality control 2x323
Agreement 6240 - - Nursery and seEd service 3,180
Agreement 6297 - Apiary inspection 500
Action requested: APPROVE AGREEMENTS AND AUTHORIZE THE CHAIRMAN
TO SIGN.
11. Communications:
a. KIXE TV - writes requesting $6,000 toward the purchase
of production switcher equipment utilizing revenue sharing funds.
Action requested: REFER TO PUBLIC HEARING SET FOR MAY 8, 1984.
b. Rape Crisis Intervention - submits request for revenue sharing
funds in the amount of $8,000. Action requested: REFER TO
REVENUE SHARING PROPOSED USE HEARING SET FOR MAY $, 19$4.
c_ Butte County Farm Bureau - suggests changes to county
building codes relating to subfloors of homes being raised.
Action requested: REFER TO PUBLIC WORKS FOR REPORT AND
RECOMMENDATION.
MOTION: APPROVE CONSENT AGENDA
M S
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y tUnanimously carried)
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April 24, 1984
April 24, 1984
Regular Agenda
84-340 Approval of 'minutes - April 17, 1484. (SUPERVISOR SARACENI CORRECTED
(120_} _ THE MINUTES TO REFLECT_ THAT ON _ PAGE _29 , MINUTE- ORDER _ 8 4-3 24 , THIRD -LINE _ __
OF MOTZC~T, THE WORD 'ADDITIONAL' SHOULD BE INSERTED AFTER THE WORD 'REQUIRE',
THUS READING, "REQUIRE ADDITIONAL ACCESS."
MOTION: APPROVE MINUTES OF APRIL l7, AS CORRECTED.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
84-341 Resolution authorizing the Chairman of the Board of Supervisors to
(145} sign all contracts and resolutions approved by the Board.
MOTION: ADOPT' RESOLUTION 84-77 AUTHORIZING THE CHAIRMAN OF THE BOARD
OF SUPERVISORS TO SIGN ALL CONTRACTS AND RESOLUTIONS
APPROVED BY THE BOARD, AND THE VICE-CHAIRMAN TO SIGN IN HIS
ABSENCE, AND AUTHORIZE THE CHAIRMAN TO SIGN.
S M
VOTE: l Y 2 Y 3 Y 4 Y 5:Y (Unanimously carried}
84-342 Ordinance amending Ordinance 2252 reinstating the loo salary reduction
(173} for county department heads, excepting therefrom the Chief Administra-
tive Officer.
MOTION: WAIVE Tk3E SECOND READING OF THE ORDINANCEaTO RESTORE THE
lOg BACK TO OUR DEPARTMENT HEADS.
S M
VOTE: Z N 2 Y 3 Y 4 Y 5 Y (Motion failed)
(ORDINANCE READ INTO THE RECORD BY CHIEF ADMINISTRATIVE OFFICER)
MOTION: ADOPT ORDINANCE 2400
S M
VOTE: 1 N 2 Y 3 Y 4 N 5 Y (Motion carried}
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April 24, 1984
April 24, 1984
84-342 MOTION: REFER THIS ITEM PLUS THE STUDIES THAT THE PERSONNEL DEPARTMENT
(Cont'd) HAS PUT TOGETHER TO ANALYZE THE PLACEMENT OF OUR ADMINISTRA-
TIVE HEADS'SALARY POSITION STATEWIDE; REFER IT, ALONG WITH
WHAT WE HAVE SENT ON OUR OWN SALARY POSITION, TO THE GRAND JURY
____ _ FOR REVIEW AND A REPORT BACK T0_THE BOARD_ OF SUPERVT50RS, _ __
BECAUSE THIS IS AN ISSUE WE WILL BE DEALTNG WITH AT BUDGET
TIME FOR ANY ADVANCEMENTS THAT !!7AY BE CONSIDERED AND Z 'T'HINK
IT WOULD BE PRUDENT OF US TO GATHER AS MUCH INFORMATION AS
POSSIBLE.
M 5
VOTE: 1 N 2 Y 3 Y 4 N 5 Y (Motion carried}
84-343 JTPA/PIC - consideration of resolution to rescind Resolution 84-58 (a)
(335) regarding utilization of prime computer and resolution designating
Chief Administrative Officer as responsible official for administra-
tion of PIC agreement for the Jobs Training Partnership Act and
outlining his authorities. (from 4/10/84}
MOTION: ADOPT RESOLUTIONS 84-78 AND 84-79 AND AUTHORIZE THE CHAIRMAN
TO SIGN.
5 M
VOTE: l Y 2 N 3 Y 4 Y 5 N (Motion carried}
84-344 JTPA economic development marketing subagreement - consideration of
(546) Butte County Economic Development Corporation proposal to expand
the $10,000 set aside by the Private Industry Council for a marketing
plan. (from 4/10/84}
MOTION: REFER THE ISSUE SACK TO THE PTC FOR THEIR RECOMMENDATION ON
HOW THE MONEY WILL BE SPENT IN REGARD TO THE LONG-_i~ANGE
IMPLEMENTATION OF THE S.R.I. STUDYf TO BE BP.OUGHT SACK TO
THE BOARD ON MAY 22, 1984.
M S
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried}
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April 24, 1984
April 24, 1984
84-345
(900 }
84-346
{1230)
84-347
(1527}
Consideration of groposal to establish Functional groups of county
department heads and judges to foster improved communications between
the Berard and county management. (NO ACTION TAKEN)
Report from Agricultural Advisory Commission relating to agricultural
nuisance statements.
MOTION: REFER SACK TO THE AGRICULTURAL ADVISORY COMMISSION THE ISSUE
OF THE AGRICULTURAL NUISANCE STATEMENT: WHEN IS IT MOST
APPROPRIATE THAT PROPERTY OWNERS BE NOTIFIED SO THAT THEY HAVE
THE DISCLOSURE IN ADVANCE; AND. THE APPROPRIATENESS OF THE
AGRICULTURAL NUISANCE STATEMENT APPLICABILITY COLiNTY-WIDE.
ASK COUNTY COUNSEL TO REVIEW RECOMMENDATIONS IN ORDER TO AMEND
CURRENT ORDINANCE. _
S M
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried}
(DIRECTION GIVEN THAT MR. GENE KEYAWA BE INVITED TO NEXT AGRICULTURAL
ADVISORY MEETING.}
Consideration of report and recommendations concerning County Service
Area 24 (Chico, Mud, Sandy Gulch Flood Control District}.
MOTION: ACCEFT RECOMMENDATION OF CHIEF ADMTNTSTRATIVE OFFICER TO ADOPT
A POLICY TkIAT SAYS THAT WE I-IAVE NO MAINTENANCE RESPONSIBILITIES
WITHIN LINDO CHANNEL; THEY ALL BELONG TO THE STATE OF CALIFORNIA.
AFFLY THE BENEFIT ASSESSMENT FORMULA APPROVED MARCH 27 TO CSA
24 WHICH WILL ALI.~OW US TO COLLECT THE MONEY TO MEET Wk1ATEVER
THE ADOPTED $UDGET WILL BE FOR WORTf ON THE IMPROVED STRUCTURES
IN THAT SERVICE AREA AND WILL ALLOW US TO RECAPTURE THE LOAN
MADE TO THE SERVICE AREA FOR THIS FISCAL YEAR.
S M
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried}
RECESS: 9:56 a.m.
RECONVENE: 10:08 a.m.
Page 38
April 24, 1.984
April 24, 1984
Public Hearings & Timed Ttems
84-348 Stan Bell, Edna's Way - abandonment of road right-of-way for Edna's
-(169-9-}_ -- Way. __ _ _ __ __ _ __ __
Marvin Shewmaker - abandonment of road right-of-way, Colusa and Antelope
Streets, Nelson.
MOTION: APPROVE ABANDOMENTS, ADOPTING RESOLUTIONS 84-80 AND 84-81
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
Regular Agenda
84-349 Report from County Counsel relating to the Bob Walters appeal on the
(1801) denial of a sewage disposal permit application to serve a one--bedroom
apartment presently under construction at 1144 Stewart Avenue, Chico,
AP 43-241-25. (from 4/17%84) (CONTINUED TO MAY 1, 1984, IN ORDER FOR
MR. VANHART TO BE PRESENT.)
Public Hearings & Timed Items
84-350 Wynoka Homes, Inc. -- appeal of the Planning Commission's denial of a
(2009} use permit (categorically exempt from environmental review) to allow
multiple family dwellings in a single-family dwelling zone and a
variance to front yard setback to allow dwellings 39 feet from the
centerline of Spencer Avenue on property zoned R--N {residential
non-conforming) located on the north side of "C" Street, 100 feet west
of Roseben Avenue, AP 35-111--9 at the northwest corner of Oro Bangor
Highway and Spencer Avenue for AP 25-157-7. (CONTINUED TO MAY 8, 1984,
AT 10:30 A.M.)
Regular Agenda
84-351 Discussion of the third annual CSAC Statewide Public Information
(2171) Week April 23-27 - Stable Funding '84 --- "Bring the Power Home."
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April 24, 1984
April 24, 1984
84-351 MOTION: SUPPORT CSAC'S POSITION 100.
(Cont'd)
M S
--- -- - VOTE: -- l Y- 2 Y 3 -Y - 4 Y _ 5- Y _(Unanimously carried)
MOTION: FOLLOW UP ON CAO'S SUGGESTION THAT THIS BOARD CONTACT ANY
GROUP INTERESTED IN THE ISSUE AND WHOSE HELP WE WOULD NEED
SO THAT WE DO HAVE STABLE PREDICTABLE FUNDING, AND THAT WE
ASK FOR THEM TO ASSIST US IN TkIIS LOBBYING EFFORT,
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
Public Hearings & Timed Items
84-352 Bachman & Associates, Chico - on behalf of Ms. Phoebe Gile, appeal of
(2523) the Advisory Agency's requirement for an environmental impact. report
on a tentative parcel map, AP 47-26-1$3 and 184, four parcels, property
** located approximately 600 feet southeasterly of the intersection of
00 Highway 99 and Keefer Road, on the east side of Highway 99, north Chico
area. (HEARING CLOSED AND CONTINUED TO MAY 1, 1984}
Regular Agenda
84-353 Presentation by District Attorney requesting salary advancements for
(450) deputy district attorneys pursuant to Personnel Rules Section 12.13.
(CONTINUED TO MAY 1, 1984)
Public Hearings & Timed Items
84-354 Rolls, Anderson, Rolls ~- on behalf of Kevin O'Laughlin, appeal the
(463) Advisory Agency's condition No. 1 on a tentative parcel map (construct
the frontage of a 0.52 acre parcel to RS-9-LD-II standard, i.e., curb,
gutter, sidewalk and required street sections), AP 42-45-34, two
parcels, property located on the southwest corner of Renshaw Avenue
and Cussick Avenue, Chico area.
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April 24, 1984
April 24, 1984
84-354 MOTION: UPHOLD APPEAL, BUT REWRITE CONDITION #1 TO SAY, "ENTER INTO
(Cont'd) AN AGREEMENT TO CONSTRUCT THE FRONTAGE OF A 0.52 ACRE PARCEL
TD RS-9-LD-TT STANDARD, i.e., CURB, GUTTER, SIDEWALK AND
REQUIRED STREET SECTIONS AT SUCH TIME TIiAT.CONTIGUOUS
DEVELOPMENT ON THE WEST SIDE OF CUSSICK OCCURS."
M S
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
84-355 Recognition of persons wishing to speak:
(771)
I. William Houston - objecting to the payment of attorney's fees from
his settlement agreement with the county.
84-356 Consideration of ordinance amending Chapter 26 of Article III of the
(1236) Butte County Code relative to flood plain permits.
MOTTDN: WATVE THE SECOND READING AND ADOPT ORDINANCE 2401.
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried}
84-357 Continued hearing - Cook Associates on behalf of Don Choate, appeal
(1296} 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 four 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 Road near its intersection with Highway 70,
south of Oroville. (from 4/3/84)
MOTION: UPHOLD THE APPEAL OF THE DENIAL, SUBJECT TO ORDINANCE 2401
BECOMING EF`F'ECTIVE, CERTIFYING THE MITIGATED NEGATIVE DECLARA-
TTON OF ENVIRONMENTAL IMPACT. ALSO FINDING THAT THE PROJECT
IS IN CONFORMANCE WITH THE BUTTE COUNTY ZONING AND BUTTE COUNTY
GENERAL PLAN AND SUBJECT TO THE CONDITIONS OF APPROVAI, AND
MITIGATION. MEASURES AS STATED IN MEMO FROM THE DEPARTMENT OF
PUBLIC WORKS, LAND DEVELOPMENT SEC'T'ION, DA'T'ED APRIL 2, 1984.
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
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April 24, 1984
April 24, 1984
84-358 Additional items to be addressed by Board members:
(1464 )
1. Supervisor Wheeler - requesting the Board support AB 2641.
MOTION: SUPPORT
S M
VOTE: 1 Y 2 Y 3 Y 4 Y ~ Y (Unanimously carried)
2. Supervisor Wheeler - reminding the Board that Dr. Raitt will be
giving a dissertation on AB 2381 on April 30, at 7:00 p.m. in Chico
City Council chambers.
3. Supervisor Wheeler - regarding the nitrate issue and questions that
have not been responded to. (LYNN VANHART AND SUPERVTSORS DOLAN
AND WHEELER TO ARRANGE A WORK SESSION WITH A DESIGNEE FROM THE
CHICO CITY COUNCIL, WATER QUALITY STAFF, DEPARTMENT OF WATER RESOURCES
STAFF, AND INVITING COMMENTS FROM kIYDROLOGISTS AND OTIiE}Z INTERESTED
EXPERTS, AND REPORT BUCK TO THE SOARD.)
4. Supervisor Moseley - nominating Leona Harrington to the Butte
County Council for Senior Citizens.
MOTION: APPOINT LEONA HARRINGTON.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
CLOSED SESSION: The Board recessed at 11:20 a.m. for a 5-minute break,
followed by a closed session on litigation and a closed session
on meet and confer.
RECONVENE: The Board reconvened at 2:08 p.m. following closed sessions.
No announcements at this time. (See minute order 84-360}
(SUPERVISORS DOLAN AND WFIEELER ABSENT AT THIS TIME}
Public Hearings & Timed Items
84-359 Continued hearing - Clay E. Gunn -proposed negative declaration
(1865) regarding environmental impact, development agreement and rezone from
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April 24, 1984
April 24, 1984
84-359 A-160 (agricultural - 160 acre parcels) to C-C {community commercial),
(Cont'd} on property located on the southeast corner of Clark Road and Durham-
Pentz Raad, identified as a portion of AP 41-12-76, approximately ten
miles north of Oroville. (from 4/3/84)
(SUPERVISOR WHEELER PRESENT AT THIS TIME)
(HEARING CONTINUED TO MAY 15, 1984, AT 10:30, DEVELOPMENT AGREEMENT
TO BE HEARD AT THE SAME TIME.)
84-360 Report on closed session on litigation.
MOTION: AUTHORIZE QUENTTN KOPP TO INCLUDE THE COE3NTY OF BUTTE IN HIS
LAWSUIT TO RECOVER FEES IN THE WHEELER-EACH CASE.
M S
VOTE: l Y 2 AB 3 Y 4 Y 5 Y {Motion carried)
84-361 Additional items to be addressed:
1. Martin Nichols announced that AB 340D had passed its first hurdle
by being passed by the Assembly Health and Human Services.
2. Chairman Saraceni announced that Assemblyman Statham will be in
Chico on Friday at the Elks Club at 2:00 p.m. and will be presented
a plaque from the county.
RECESS: 2:18 p.m.
RECONVENE: 2:34 p.m.
(SUPERVISOR DOLAN PRESENT AT THIS TIME)
Public Hearings & Timed Items
84-362 Continued hearing -- Laura's Acres tentative subcivision map, Barnhart-
(2271} Brown & Associates on behalf of Mrs. Laura Rivers, appeal conditions
2, 12 and 20 on Laura's Acres tentative subdivision map (item on
which a mitigated negative declaration of environmental impact has
been adopted), AP 36-54-12, 108 lots plus remainder, located on the
north side of Mt. Ida Road, north of the intersection of Mt. Ida Road
and Oro-Bangor Highway, Oroville area. (from 4/17/84}
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April 24, 1984
April 24, 1984
84-362 MOTION: CONDITION #1 IS NOT PART OF THIS APPEAL AND CANNOT BE HEARD
(Cont'd) AS A LATE APPEAL BECAUSE IT WAS A MITIGATION MEASURE.
CONDITION #2 - TO PROVIDE A PERMANENT SOLUTION FOR DRAINAGE
WILL STILL SE A REQUIRED CONDITION, BUT THE REQUIREMENT TO
------ - - FORM A COUNTY_SERVICE AREA_FOR_STORM_DRAINAGE_MAINTENANCE __
(PER WYMAN RAVINE DRAINAGE STUDY) WOULD BE AN UNREASONABLE
REQUIREMENT FOR ANY ONE DEVELOPMENT. THEY WILL AGREE TO
JOIN. A COUNTY SERVICE AREA IS ONE IS FORMED. CONDITION #12
WILL REMAIN AS REQUIRED BY PUBLIC WORKS. CONDITION #20 WILL
BE TO CONTRIBUTE A PRO-RATA SHARE TOWARDS A TRAFFIC SIGNAL
FUND ESTABLISHED AT THE INTERSECTION OF FOOTHILL BOULEVARD/
ORO-F3ANGOR HIGHWAY/FAIRHTLL DRIVE, NOT TO EXCEED $1,000.
I MOVE TO CHANGE CONDITIONS 2 AND 20 A5 PROPOSED.
M S
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
84-353 1. Supervisor Wheeler announced she had just received a copy of the
(2491) Amici Curiae brief filed by county coizrasel:from-Kings:.County. _......
Fifty-seven counties and thirty-two cities have officially become
part of the action involving the John Bach case,.
2. Tom Struthers reported~.on an earthquake which had just occurred
in the San Jose area.
ADJOURNMENT: There being nothing further before the Board at this
time the meeting was adjourned at 2:42 p.m.
Chairman.,.-Board of Supervisors
ATTEST:
MARTIN J. NICkiOLS
Chief Administrative Officer and
Clerk of the Board
By: a
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April 24, 1984