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HomeMy WebLinkAboutM050184May 1, 1984 Call to order - Board of Supervisors room, County Administration Center, Oroville. Present: Supervisors Fulton, Moseley, Wheeler and Chairman Saraceni; Martin d. Nichols, chief administrative officer; Del Siemsen, county counsel; and, Ru6ye Townsley, deputy clerk of the Board. Absent: Supervisor Dolan Pledge of allegiance to the Flag of the United States of America Invocation - Supervisor Moseley 84-365 Additional items from Board members to be addressed at the end of the day. (NONE AT THIS TIME) 84-366 Consent agenda items amended, corrected or removed for separate consideration: 1. Community Action Agency advance operating funds - second quarter funding of contract No. 83-838703 (community service block grant) request is made for county to advance $25,000 pending receipt of grant funds (FUNDS RECEIVED. NO BOARD ACTION IS NECESSARY) 84-367 Consent Agenda 1. Approval of minutes - April 24, 1984. Action requested: APPROVE MINUTES, AS RECOMMENDED FOR AMENDMENT B3' CHIEF ADMINISTRATIVE OFFICER. (AMENDING MINUTE ORDER 84-339 TO INCLUDE A COMMUNICATIONS ITEM -LETTER FROM BUTTE COUNTY FARM BUREAU SUGGESTING-CHANGES TO COUNTY BUILDING CODES RELATING TO SUSFLOORS OF HOMES BEING RAISED. REFERRED TO PUBLIC WORTiS FOR REPORT AND RECOMMENDATION.) Page 45 May 1, 1984 May 1, 1984 84-367 2. Budget transfers. Action requested: APPROVE BUDGET TRANSFERS (Cont'd} B-206, 8-210 AND B-211. 3_.___Penalty__abatement__rege~ests -__change of__ownership .reports. Action requested: APPROVE THE FOLLOWING REQUESTS: CHARLES V. OAKS MR. & MRS. BURYL KRAMER EDWARD L. WEBBER & LAURIE JOJNSON DONALD RAY BROWN RICHARD L. & ANN BOLLINGER RICHARD & CAROL HOFFMAN M/M ADOLPH V. MANGINI JOYCE E. KIRKLAND & DEBBIE POWERS M/M HENRY VANEK MR. & MRS. GARY ARCORACI MR. & MRS. SAM SUMNER DARYL C. CLELAND DENY THE:_.FOLLOWING.REAUES'T'S: ONE STOP AUTO WRECKING, TNC MR. JOHN LEE MR. & MRS. G. ROGERS ANDERSON WEYERHAUSER MTG. CO. MR. & MRS. WILLIAM S. H. PANG POSNER, MR. JACK, ET AL MR. & MRS. JAMES H. MUNSON AP 056-40-0-006-0 AP 036-50-0-052-0 AP 043-36-0-007-0 AP 048-01-0-017-0 AP 005-24-1-015-0 AP 058-33-0-459--0 AP 069-26-0-015-0 AP 048-06-3-056-0 AP 027-14-0-028, 29, 30 & 31 AP 043-17-0-024-0 AP 065-18-0-022-0 ap 044-13-1-002-0 AP 035-17-5--001-0 AP 035-20-0-001-0 AP 035-20-0-010-0 AP 035-20-0-020-0 AP 035-20-0-030-0 AP 008-44-0--001-0 AP 061-32-0-009-0 AP 026-23-0-044-0 AP 042-45-0-019-0 AP 044-79~-0-021-0 AP 053-33-0-013-0 4. R.F.C. Surveyors, Inc. - on behalf of Doe Mill Vineyards, appeals the Advisory Agency's denial of a tentative parcel snap (item for which an environmental impact report has previously been certified},: AP 46-71-25, dividing 93,2 acres into four parcels of 20.0 acres, 22.0 acres, 25.2 acres and 26.0 acres each, property located 300 feet south of Wilder Drive, west of Zinfandel Drive, Doe Mill Ridge area. Action requested: SET PUBLIC HEARING DATE FOR MAY 22,.1984, AT 10:00 A.M. Page 46 May 1, 1984 May 1, 1984 84-367 5. R.F.C. Surveyors, Inc. - on behalf of Larry Ludwig, appeals the (Cont'd) Advisory Agency's denial of a tentative parcel map (item on which a negative declaration of environmental impact has been recommended) , AP 51--01--143, _three__parcels,__property located on both sides of Doe Mill Ridge Road, approximately 800 feet north of Hummer Road, Doe Mill Ridge area, Action requested: SET PUBLIC HEARING DATE FOR MAY 22, 1984, AT 10:15 A.M, 6. Butte County Library donations - in accordance with Govern- ment Code Section 25355 donation of six microfiche readers have been made by Pacific Be11 for the library branches. Action requested: ACCEPT DONATIONS, 7. Public Defender Advisory Committee. Action requested: APPOINT LEO BATTLE TO SERVE AS THE SAR ASSOCIATION MEMBER ON THE COMMITTEE. 8. Butte County Health Planning Council. Action requested: APPOINT HAROLD F. GRAY AND HOWARD KALMER TO SERVE UNTIL DECEMBER 31, 1984. 9. Handicapped Board of Appeals. Action requested: APPOINT PEGGY NORTON-PATNE AS AN ALTERNATE MEMBER TO SERVE UNTIL JANUARY 18, 198&. 10. Stile-Shea & Associates claim for refund of taxes - report from Treasurer/Tax Collector recommending denial of claim in the amount of $19,956.04 in accordance with Revenue and Taxation Code Section 5097. Action requested: DENY CLAIM FOR REFUND. 11. John and Dorothy Sobota - file a claim far unspecified damages and to provide full indemnity and contribution as a result of an automobile accident occurring February 28, 1982, on Drescher Tract Road. Action requested: DENY CLAIM AND REFER TO COUNTY COUNSEL AND RISK MANAGEMENT COORDINATOR. 12. Upper Palermo Road - project No. 185-3-S1-1 - in order to clarify provisions of the State Water Code regarding responsibility on the relocation of facilities it is recommended that the county install pipes to be furnished by Oroville Wyandotte Irrigation District as part of the reconstruction on the subject project. Action requested: APPROVE RECOMMENDATION. Page 47 May 1, 1984 May 1, 1984 84-367. 13. Award of bid - reroofing county buildings -- bids have been opened (Cont'd) for the reroofing of six county buildings identified in the 1983-84 budget, as follows: Meyers Roofing Service - Chico - ----- Healah-Building, -$10,871;-Oroville-Bird_Street-Health-Building, $5,720; and Oroville County Center Health Services Building, $&,941. Advance Roofing Company - Chico Municipal Building, $19,40D and Oroville Social Welfare Building, $30,870. Four Counties Roofing - Mental Health Building, $22,380. Action requested: AWARD SIDS A5 RECOMMENDED. 14. SCT contract letter modifications -- covering extension of phase- over plan for provisions subject to 30-day ca11 for plan and elimination of 1984-85 annual. work plan provisions. Action requested: APPROVE LETTER MODIFICATIONS AND AUTHORIZE THE CHAIRMAN TO SIGN. 15. Communications: a. City of Oroville - submits information concerning deferment of the $10,000 set aside for a marketing plan. Action requested: ACCEPT FOR INFORMATION AND REFER TO PRIVATE INDUSTRY COUNCIL. b. William W. and Joan Lewis - request the Board waive a City of Chico requirement listed on their parcel map far AP 43-08-46 concerning the requirement for curbs, gutters, sidewalks, etc. Action requested: REFER TO COUNTY COUNSEL AND PUBLIC WORKS FOR REPORT AND RECOMMENDATION. MOTION: APPROVE CONSENT AGENDA S M VOTE: l Y 2 AB 3 Y 4 Y 5 Y (Motion carried) Regular Agenda 84-368 Discussion of ,letter from William C. Teie, ranger-in-charge, Department (5I) of Forestry, removing Butte County as a site for a conservation site. (SUPERVISOR DOLAN PRESENT AT THIS TIME) MOTION: DISBAND CONSERVATION CAMP SITE SELECTION COMMITTEE AND AUTHORIZE LETTER OF APPRECIATION TO BE SENT. S M VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried) Page 48 May 1, 1984 May 1, 1984 84-369 Recommendations of Chief Administrative Officer to adjust salaries of (132) deputy district attorneys pursuant to Section 12.13 of the Personnel Rules. MOTION: APPROVE ACTION RECOMMENDED BY CHIEF ADMINISTRATIVE OFFICER. S M VOTE: 1 N 2 Y 3 Y 4 N 5 N (Motion failed} 84-370 Presentation by representatives of the U.S. Forest Service on the status (276) of the Oroville-Quincy Highway reconstruction project. MOTION: ACCEPT RECOMMENDATIONS OF THE FOREST SERVICE TO PROCEED WITH THE PRO~7ECT; DIRECT A LETTER TO THE FEDERAL HIGHWAY COMMISSION EXPRESSING SUPPORT, M S VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried) 84-371 Right-of-way exchange - portion of Dayton West Road for a portion of (431} the Crouch Ditch right-of-way - consideration of agreement for exchange of real property for public use, resolution for summary abandonment for a portion of Dayton West Road, quitclaim deed to Dayton Mutual Water Company and grant deed from Dayton Mutual Water Company. (from 12/20/84) MOTION: APPROVE AGREEMENT FOR EXCHANGE OF REAL PROPERTY FOR PUBLIC USE, ADOPT RESOLUTION $4-82 FOR SUMMARY ABANDONMENT FOR A PORTION OF DAYTON WEST ROAD, APPROVE QUITCLAIM DEED TO DAYTON MUTUAL WATER COMAPANY AND ACCEPT GRANT DEED FROM DAYTON MUTUAI,WATER COMPANY. M S VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried) MOTION: SEND A LETTER TO THE PROPERTY OWNERS OF CROUCH DITCH THANKING THEM FOR THEIR COOPERATION IN OUR ACHIEVING IT. M S VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried} Page 49 May 1, 1984 May 1, 1984 $4-371 MOTION: SEND NOTIFICATION TO TkIE CITY OF CHICO THAT NOW THAT THE (Cont'd) DITCH IS A PUBLIC DITCH THAT WE: (1) WANT TO REVIEW ALL PLANS IN WORKS BY WHICH PROJECTS WITHIN THE CITY ARE PROPOSED TO DUMP STORK! DRAINAGE INTO CROUCH DITCH; AND (2} PUT THEM ON __- - _ _ __ NOTICE_ THAT _WE_ WILL_ NOT APPROVE IT _ _ __ M S VOTE:. l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried) 84-372 Additional items to be addressed: (583) I. Supervisor Wheeler reported that some street signs have been torn down in the Keefer Road area and requested Public Works to look into the matter and suggest replacement costs since they are private road signs. 2. Supervisor Wheeler requested the Board refer the area on East.Avenue from Highway 99 Freeway to Hooker Oak Park for review and possible rezone. MOTION: DIRECT PLANNING STAFF AND PLANNING COMMISSION TO STUDY AND LOOK AT A REZONE FOR THAT PARTICULAR AREA. M S VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried) RECESS: 9:45 A.M. RECONVENE: 10:00 A.M. Closed Hearings 84-373 Bachman & Associates, Chico - on behalf of Ms. Phoebe Gile, appeal of (791) the Advisory ,Agency's requirement for an environmental impact report on a tentative parcel map, AP 47-26-183 and 184, four parcels, property located approximately b00 feet southeasterly of the intersection of Highway 99 and Keefer Road, on the east side of Highway 99, north Chico area. (from 4/24/s4) {CONTINUED To MAY $, 19a4) Paga 5D May 1, 1984 May 1, 1984 84-374 Robert M. Huskey - appeals the Advisory Agency's requirement for an (832) environmental impact report on a tentative parcel..map, AP 30-29-53, four parcels, property located approximately 800 feet west of Larkin Road, on the south side of Afterbay Drive, Thermalito area. (from 3/20/84) ---- __ (CONTINUED C3NTIL-REPORT IS-FORTHCOMING-_FROM__THE-PLANNIA7G-DIRECTOR_ __ 84-375 Circulation Element to the Butte County General Plan (item on which a (869) draft environmental impact report was prepared) (from 4/17/84} MOTION: CERTIFY THE ENVIRONMENTAL IMPACT REPORT AS HAVING MET THE REQUIREMENTS OF CEQA, STATE GUIDELINES AND THE BUTTE COUNTY GUIDELINES FOR ENVIRONMENTAL REVIEW, MAKING THIS MOTION BASED ON OUR REVIEW AND READING OF THE DRAFT ENVIRONMENTAL REPORT, THE COMMENTS RECEIVED TN WRITING AND ORALLY AT THE PLANNING COMMISSION HEARINGS, PLUS THE RESPONSES. M S VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried) MOTION: ADAPT RESOLUTION 84-83 DELETING THE CURRENT TRANSPORTATION ELEMENT AND ADOPTING THE CIRCULATION ELEMENT AS PROPOSED. M S VOTE: lY 2Y 3Y 4Y RECESS: 9:45 A.M. RECONVENE: 10:00 A.M. 5.Y (Unanimously carried) Public Hearings & Timed Items 84-376 Richard Gavranich -- abandonment of light and air easement, Lincoln Park (949) Subdivision, Lot 8, located on the west side of Greenview Circle, 2fl0 feet northwest of Estates Drive, AP 40-37-21, Chico. MOTION: ADOPT RESOLUTION 84-84 APPROVING ABANDONMENT. ~ S VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried} Page 51 May 1, 1984 May 1, 1984 84-377 Leonard Vaught - abandonment of a public utilities easement, Northgate (997) Village Unit 1, Lots 33, 34 and 35. MOTION: _ADOPT-RESOLUTION-84-85~-APPROVING--ABANDONMENT___ ___ ___ ___ S M VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried) RECESS: 10:05 A.M. RECONVENE: 11:00 A,M. (SUPERVISOR FULTON ABSENT AT TTiTS TIME) 84-37$ Recognition of persons wishing to speak: (1075) 1. Kelly Meagher - concerning a possible conflict of interest regarding the county retaining Mr. Quentin Kopp as an attorney.in various lawsuits. (SUPERVISOR FULTON PRESENT AT THIS TIME) 84--379 Additional items from Board members: 1. Supervisor Wheeler requested the Board present certificates of appreciation to ten academic achievers who will be honored by the Fellows Club in Oroville on May 10, 1984, at 7:00 p.m.., MOTION: DIRECT STAFF TO PREPARE CERTIFICATES FOR EACH S'T'UDENT TO BE PRESENTED AT THE DINNER ON MAY 10, S M VOTE: l Y 2 Y 3 Y 4 Y 5 X (Unanimously carried) ADJOURNMENT: There being nothing further before the Board at this time the meeting was adjourned at 11:15 a.m. _ ~~ ATTEST: Chairman, Board of Supervisors MARTIN J, NICHOLS Chief Administrative Officer and Clerk/off the Board of Supervisors age 52 May 1, 1984