HomeMy WebLinkAboutM051584May 15, 1984
Call to order -- Board of Supervisors room, County Administration
Building, 25 County Center Drive, Oroville.
Present: Supervisors Bolan, Fulton, Moseley, Wheeler and Chairman
Saraceni; Martin J. Nichols, chief administrative officer; Del Siemsen,
county counsel; and Rubye Townsley, deputy clerk of the Board.
Pledge of allegiance to the Flag of the United States of America.
Invocation - Supervisor Moseley
84-395 Additional items from Board members to be addressed at the end of the
day:
1. Supervisor Dolan would like to talk about the nitrate study;
the reopening of the Chapmantown Center; and the jail.
2. Supervisor Fulton would like to talk about the jail.
3. Chairman Saraceni would like to talk about a request from the
Historical Society.
4. Mr. Nichols would like to give a Senate Finance Committee report.
(MR. NICHOLS REPORTED ON TWO BILLS BEFORE THE LEGISLATURE ON
LONG-TERM FINANCES, A8 2468 AND SB 1300 WHICH WOULD GIVE
PROPERTY TAXES TO SCHOOLS.)
MOTION: AUTHORItiE A LETTER TO SENATE FINANCE COMMITTEE ASKING THAT
ACTION BE REVERSED.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
Page 62
May 15, 1984
May 15, 1984
54-396 Consent agenda items amended, corrected or removed for separate
consideration:
1. Budget transfers B-222, B-231 and 8-234.
2. Assembly Bill 3922 ~ provides for damages when property has been
damaged ar taken because of an enactment by a public entity
restricting or limiting the use of that property.
3. Communications item - Barnhart-Brown & Associates - writes
on behalf of Laura's Acres requesting clarification on Condition
No. 1 - sidewalks.
84--397 Consent Agenda
1. Approval of minutes - May 8. 1984. Action requested: APPROVE
MINUTES.
2. Budget transfers. Action requested: APPROVE BUDGET TRANSFERS
B--221, 8--~223r B`224, 8-227, B-229, B-230, B-233 AND B-235.
3. Resolution proclaiming May as California Neighborhood Watch Manth
and the week of May 13-19, 1984, as National Police Week in
California. Action requested: ADOPT RESOLUTION 84-89.
4. Resolution proclaiming June 11-15, 1984, as Alcoholism Action
Week 1984: For Youth In California. Action requested: ADOPT
RESOLUTTON 84-90.
5. Robert Huskey - on behalf of Signal Home Loans, appeals the Advisory
Agency's denial of a tentative parcel map (item on which a negative
declaration of environmental impact has been recommended},
AP 30-08-44, two parcels, property located on the southwest corner
of Poplar Avenue and Sweem Street, Thermalito area. Action
requested: SET PUBLIC HEARING DATE FOR JUNE 5, 1984, AT 10:15 A.M.
6. NorthStar Engineering, on behalf of Richard Ramsey, wishes to appeal
the denial of a use permit to allow homesite segregation on property
zoned A-5, located on the southwest side of Bell Road and Nord Avenue,
identified as AP 42-05-67, Chico (item on which a negative declaration
of environmental impact has been recommended}. Action requested:
SET PUBLIC HEARING DATE FOR JUNE 12, 1984, AT 10:00 A.M.
Page 63
May 15, 1984
84-397 7. Neal Road landfill - Public Works and the Neal Road Landfill
(Cont'd) Company recommend reducing septic tank dumping charges from
3/4 cents per gallon to 1/2 cents per gallon. Action requested:
ADOPT RESOLUTION 84-91 REDUCING GATE FEES FOR SEPTIC PUMPERS.
8. Plans and specifications have been completed for the flashing
beacon installation at Esplanade and Nord Highway, Project No.
56191-84-1 and. Upper Palermo Road, Project No. 18503-83-1.
Action requested: APPROVE PLANS AND SPECIFICATIONS; AUTHORIZE
CHAIRMAN AND ACTING DIRECTOR OF PUBLIC WORKS. TO SIGN PLANS;
ADOPT WALE SCALE; AND SET BID OPENING. AT 11:00 A.M., PUBLIC
WORKS OFFICE, DUNE 7, 1984.
9. SB-325 transit claim - Public Works recommends transferring
$15,458 from the Oroville Express budget to the Chico Clipper
budget due to lower than expected ridership on the Express and
an unanticipated increase in ridership on the Clipper. Action
requested: APPROVE TRANSFER AND AUTHORIZE ACTING DIRECTOR OF PUBLIC
WORKS TO FORWARD A CLAIM TO BCAG.
10. Right-of-way acquisition ~ an agreement has been prepared to purchase
.32 acre from Lime Saddle Community Services District for $2,6x0
for the Pentz Road Reconstruction Project No. 45471-83-1. Action
requested: APPROVE AGREEMENT FOR .SALE AND AUTHORIZE CHAIRMAN TO SIGN;
AND AUTHORIZE AUDITOR TO DRAW WARRANT UPON DEMAND OF COUNTY'S
ESCROW AGENT.
11. Amendment to the 1983-84 County Medical Services Agreement to allow
unclaimed funds to be reallocated to counties that have experienced
high expenditures. Action requested: APPROVE AMENDMENT AND
AUTHORIZE THE CHAIRMAN TO SIGN.
12. Mental Health - requests authorization to purchase an electronic
typewriter costing $525. Action requested: AUTHORIZE PURCHASE.
I3. Planning Commission - Commissioner Lambert requests authorization to
attend the California County Planning Commissioners Association
Executive Board of Directors meeting on May 26, 1984. Action
requested: AUTHORIZE OUT-OF-COUNTY EXPENSES.
14. Resolution agreeing to .a 56/44$ property tax split for the Coy
annexation to the Town of Paradise. Action requested: ADOPT
RESOLUTION 84-92.
Page 64
May 15, 1984
May 15, 1984
84-397 15. Rezone from R-C to AR-MH 2-1/2 on property located on the west
(Cont'd} side of Pacific Heights Road, 1/2 mile north of welsh Road, Oak
Grove area, south of Oroville, identified as AP 25-24-03, 93,
94, 95, 96. Action requested: TNITIATE REZONE.
16, Repart.ta the Board -- Robert Vietti - proposed negative declaration
regarding environmental impact and denied rezone from S-R (suburban
residential} to PA-C (planned area cluster) to allow an 18 unit
residential development on 3 acres, located on the east side of
Ceres Avenue, 600 feet south of East Avenue, identified as AP
48-08-2-21, Chico. Action requested: ACCEPT REPORT.
17. F. L. Willis, Jr., attorney - on behalf of George and Rosemary
Rinker, submits a $5DO,ODO claim for damages as a result of the
death of Timothy Rinker on January 27, 1984, at the Butte County
Jail. Action requested: SEND WRITTEN NOTICE THAT CLAIM WAS NOT
FTLED TTMELY' AND IS BETNG RETi7RNED WTTHOUT FURTHER ACTTON.
18. Renewal of variance to Sections 19-10 and/or 19-12 of the Butte
County Code far placement of a mobile home for the following:
Richard W. Reese -AP 63-04-101, 5048 Derr Road, Forest
Ranch. Zoning: TM-5
Lynn VanLoan -AP 44-36-027, 2b11 Burnap Avenue,
Chico. Zoning: A-2
Irving E. Tyler -AP 56-09-48, Box 112, Cohasset Stage,
Chico. Zoning: TM-5
Bob Gowen -AP 48-05-1-44, 2700 Mariposa, Chico.
Zoning: RT-1
A. R. Feehrer -AP 72-27-41, 7203 Forbestown Road,
Oroville. Zoning: SH--MR
Charles & Nancy Leuder -AP 36-31-10, 4100 Foothill Boulevard,
Oroville. Zoning: A--5
Mary J. Rider -AP 25-14-3-19, 1921 Palermo Road,
Palermo. Zoning: A-2.
Alta R. Linn -AP 31-25-3-48, 1175 Grand Avenue,
Oroville. Zoning: A-2
Action requested: APPROVE VARIANCE RENEWALS
19. Communications:
a. Butte County Housing Authority - forwards report of activities
for 1983. Action requested: ACCEPT FOR INFORMATION.
b. Soper-Wheeler Company - submits a request to add AP 073-06--0--18
to timberland preserve. Action requested: REFER TO ASSESSOR AND
PLANNING DIRECTOR FOR A REPORT AND RECOMMENDATION.
Page 65
May 15, 1984
May 15, 1984
84-397 c. Oroville Ranger District, Plumas National Forest - writes
(Cont'd) that they are evaluating the feasibility of conducting a timber
sale within the Merrimac Compartment and requests certain information
Action requested: ACCEPT FOR INFORMATION AND REFER TO PLANNING
DIRECTOR.
d. Winding Creek Estates Subdivision, Chico - ten residents have
submitted a petition requesting that a 3' x 212' strip of county
property along Guynn Bridge Court, Chico, be declared surplus and
set for sale. Action requested: REFER TO PUBLIC WORKS FOR A
REPOR'T' AND RECOMMENDATION.
e. Raxanna M. To1en, Chico - writes concerning access to county
property. Action requested: REFER TO PUBLIC WORKS FOR A REPORT
AND RECOMMENDATION.
MOTION.;. .APPROVE CONSENT AGENDA
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
Regular Agenda
84-398 Budget transfers B-222, B-231 and B-234.
(177}
MO'T'ION: APPROVE F3UDGET TRANSFERS
S M
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
84-399 Assembly Bill 3922 -.provides for damages when property has been damaged
(252) ar taken because of an enactment by a public entity restricting ar
limiting the us.e of that property.
MOTION: AUTF30RIZE LETTER OPPOSING AB 3922
S M
VOTE: 1 N 2 Y 3 Y 4 Y 5 Y (Motion carried)
Page b6
May 15, 1984
May 15, 1984
84-400 Barnhart-Brown & Associates - writes on behalf of Laura's Acres
{482} requesting clarification on Condition No. 1 - sidewalks.
(CHAIRMAN SARACENI REPORTED THAT BECAUSE OF ORIGINAL ADVICE THE BOARD
DID NOT HEAR PART OF CONDITION #1 ON LAURA'S ACRES TENTATIVE SUBDIVISION
WHEN THIS PROJECT WAS PREVIOUSLY HEARD, AND WOULD LIKE TO 5ET A PUBLIC
HEARING BATE TO HEAR A PORTION OF CONDITION #1 THAT DEALS WITH INTERIOR
SIDEWALKS.}
MOTION: SET PUBLIC HEARING DATE FOR JUNE 12, 1984, AT 10:00 A.M.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y {Unanimously carried
84-401 Report to the Board on the jail population issue -- Chief Administrative
(539) Officer.
MOTION: A) AGREE WTTkI THE GOAL OF REDUCING JAIL POPULATION TO ITS
DESIGN CAPACITY OF 172.
B) AFFIRM THE SHERIFF'S ACTION OF MAY 11, 1984, TO TRANSFER
ADDITIONAL PRISONERS TO SHASTA COUNTY UNDER THE TERMS OF OUR
EXISTING AGREEMENT.
C) AUTHORIZE EXISTING COMMIfiTEE, SUPERVISORS FULTON AND
SARACENI, TO MEET WITH THE SHERIFF TO DISCUSS WHAT ADDITIONAL
ACTIONS ARE NECESSARY AND APPROPRIATE TO ACHIEVE THE REDUCED
POPULATION GOAL AND PROVIDE FOR AN ADEQUATE DETENTION FACILITY.
D} AGREE T~I.AT FUTURE PUBLIC .STATEMENTS INCLUDE CONSULTATION
WITH THE BOARD COMMITTEE.
S M
VOTE: l Y 2 Y 3 Y 1 4 Y!, 5 Y (Unanimously carried
84-402 Discussion of ordinance to amend Section 19-12 of the Butte County
(975} Code relating to area requirements of individual septic systems.
(from 5/8/84)
MOTION: CONTINUE TWO WEEKS
M
VOTE: 1 2 3 4 5
MOTION AMENDED: CONTINUE ONE WEEK.
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried}
(MR. VANHART REQUESTED TO PROVIDE A ONE-PAGE SUMMARY OF THE PROPOSED
CODE AMENDMENTS.) page 67
May 15, 1984
May 15, 1984
84-403 Determination by the Soard pursuant to Butte County Code Sections
(1102} 24-20, subparagraph (d) regarding definitions Section 24.21.45 -
cansideration of fraternity or sorority houses as a quasi-public
use. {from 5/8/84}
MOTION; MAKE A DETERMINATION THAT FRATERNITIES OR SORORITIES, OR
SIMTLAR INCORPORATED GROUPS, FIT WTTHTN THE DEFINITION OF A
PUBLIC OR QUASI-PUBLIC USE.
M 5
VOTE: l Y 2 Y 3 Y 4 Y 5 Y {Unanimously carried)
MOTION: REFER TO CHICO ISSUES COMMITTEE AND INTERGOVERNMENTAL RELATIONS
COMMITTEE THE QUESTION OF AN APPROPRIATE SITE AND ZONING FOR
SORORITIES AND FRATERNITIES WITHOUT A USE PERMIT.
M
VOTE: 1 Y 2 Y
S
3 Y 4 Y 5 Y (Unanimously carried)
RECESS: 10:02 A.M.
RECONVENE: 10:27 A.M.
Public Hearings & Timed Items
84-404 Victor Gipson/Robert Williams - abandonment of portion of Los Verjeles
(1899) Road, Bangor. identified as AP 28-25-16, 28-~26--58.
MOTION: ADOPT RESOLUTION $4-93 APPROVING ABANDONMENT.
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
84-405 GDA Engineering - on behalf of Terry Greerty, appeals the Advisory
(2009) Agency's requirement for an environmental impact report for a tentative
parcel map, AP 2$--17.07 and AP 72--39--03, 20 parcels, property located
north of the intersection of Hurleton Swedes Flat Raad and Swedes
Flat Road, Swedes Flat area. {CONTINUED TO JUNE 5, 1984, AT 1:30 P.M.
Page 68
May l5, 1984
May 15, 1984
84-406 Continued hearing - Clay E. Gunn - proposed negative declaration regarding
(2694) environmental impact, development agreement and rezone from A-160
(agricultural - 160 acre parcels} to C-C (community commercial), on
** property located on the southeast corner of Clark Road and Durham-
00 Pentz Road, identified as a. portion of AP 41-12-76, approximately ten
miles north of Oroville. (from 4/24/84) (CONTINUED TO JUNE 5, 1984,
AT 2:30 P.M.
RECESS: 11:47 A.M.
RECONVENE: 11:52 A.M.
84-407 Recognition of persons wishing to speak:
(1671)
1. William Houston - regarding medical bills.
84-408 CLOSED SESSION: The Board recessed at 11:55 a.m. for a closed session
(1705) on litigation.
RECONVENE: The Board reconvened at 11:58 a.m. following a closed session
on litigation. (NO ANNOUNCEMENTS)
84-409 Recognition, of persons wishing to speak:
1. Russ Croninger - requesting the Board to consider Item 4.08 on the
agenda at this time, (SEE FOLLOLdING MINUTE ORDER)
84-410 Russ Croninger
impact report
located an the
Avenue, Chico.
84-411 Recognition of
(1908}
requests clarification of requirement for an environmental
Eor rezone on AP 42-45-24, 25, 2.6, 27, and 28 for property
east side of Cussick Avenue, 400 feet north of East
(CONTINUED TO MAY 22, 1384)
persons wishing to speak:
1, William Houston - regarding medical bills.
MOTION: RECESS FOR LUNCH
M
VOTE: 1 2 3 4 5
(MOTION DIES FOR LACK OF A SECOND.)
(SUPERVISOR5 DOLAN, FULTON AND WHEELER ABSENT AT THIS TIME. MEETING
RECESSED FOR LACK OF A QUORUM.)
Page 69
May 15, 1984
May l5, 1984
RECONVENE: The Board reconvened at 12:10 a.m.
84-412 Recognition of persons wishing to speak:
{2001)
1. Kelly Meagher -regarding the Nitrate Study meeting recently held.
Regular Agenda
84-413 C.A.A. organizational status report - C.A.A. Executive Director.
(2314)
MOTION: APPOINT SUPERVISORS MOSELEY A~iD WHEELER AS A COMMITTEE TO
MEET WITH A C.A.A. COMMITTEE.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y {Unanimously carried}
84-414 Report to Board on bid opening - Ord Ferry Road, Project No. 42071-83-1.
(2675)
MOTION: AWARD CONTRACT TO BUTTE CREEK CONSTRUCTION COMPANY FOR DOW
BID OF $212,568.00
S I~
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried}
MOTION: APPROVE BUDGET TRANSFER 236, WHICH INCREASES APPROPRIATION
FOR ORD FERRY ROAD BY TRANSFERRING $13x000 FROM ROAD
CONSTRUCTION CONTINGENCY ACCOUNT'. #690-122-0-80.009 Ta
ORD FERRY ROAD ACCOUNT #530-009-2004-48.001.
M S
VOTE: l Y 2 Y 3 Y 4 Y S Y (Unanimously carried}
84-415 Additional items from Board members:
1. Supervisor Wheeler discussed a traffic problem at the Cohasset
Road interchange and the possiblity of acquiring property which
is for sale nearby.
Page 70
May 15, 1984
Ma~~15, 1984
Regular Agenda
84-416 Consideration of forming a Chapmantown REhabilitation Loan Committee.
(3063 )
MOTION: DESIGNATE THAT THE REHABILITATION LOAN COMMITTEE FOR CHAPMANTOWN
DEVELOPMENT BLOCK GRANT TARGE'T' AREA BE THE TWO CHTCO SUPERVISORS.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
84-417 Employee Health Insurance Review Committee - submits its annual report
and recommendations to the Board and the labor organizations.
(RECOMMENDATION #l TO BE RELISTED ON THE AGENDA FOR JUNE 5, 1984.
RECOMMENDATIONS 2r 3r AND 4 REFERRED TO STAFF FOR .BUDGET REVIEW.}
84--418 Additional items from Board members:
1. Supervisor Dolan e~cpressed three, areas of concern relative to
the Nitrate Study, (1) Has the Board made a decision on hiring someone
to augment the report (sti11 unanswered and unknown); (2) Would the
Board reaffirm .that the Board motion made at the conclusion of the
hearing was to direct the Chico Issues Committee to meet with the
City to develop an action plan to implement recommendations in the
report. :~(3) Recommendation of seeking an alternative source of water
for the high nitrate areas.
MOTION: DIRECT THE CAO TO COORDINATE THE DEVELOPMENT OF INFORMATION.
ON CHOICES AVAILABLE TO RESIDENTS IN 'T'HE HIGH NITRATE AREAS
AND INCLUDE IN THAT AN ESTIMATE OF COSTS, IF i~OSSTBLE; WHO
TO CONTACT; HOW THE ALTERNATIVES CAN BE FINANCED; AND WAYS THAT
THE COUNTY CAN OR CANNOT ASSIST; AND MAKE THE AVAILABILITY OF
THIS INFORMATION KNOWN IN THE NEIGHBORHOODS OF HIGH NITRATE
AREAS.
M S
VOTE: l Y 2 Y 3 Y 4 y 5 Y (Unanimously carried)
MOTION: DIRECT CAO OR ENVIRONMENTAL HEALTH TO DETERMINE IF THE CITY
AND COUNTY QUALIFY FOR A CLEAN WATER GRANT.
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
Page 71
May 15, 1984
May i5, 1984
84--41$ 2. Supervisor Moseley would like the Board to waive the fees for the
(Cont'd) use of the Memorial Hall foz the .Biggs Firemen Benefit to be held on
June 2, 1984.
MOTION: WAIVE FEES.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
3. Chairman Saraceni had received a request from the Historical
Society to designate 14-Mile House an historical point of interest.
(TO BE LISTED ON THE AGENDA FOR MAY 22, 1984}
4. Supervisor Dolan reported that the Chapman Center is reopening
and will have a celebration this Sunday and would like the Soard to
send an appzopriate form of appreciation.
MOTION: AUTHORIZE LETTER.
M
VOTE: l Y 2 Y 3 Y
S
4 Y 5 Y (Unanimously carried)
CLOSED SESSION: The Board recessed at 12:45 foz a closed session on
litigation.
RECONVENE: The Board reconvened at 1:02 p.m. following a closed session.
(NO ANNOUNCEMENTS)
ADJOURNMENT: There being nothing further before the Soard at this
time the meeting adjourned at 1:02 p.m.
Chairman, Board of Supervisors
AT'T'EST:
MARTIN J. NICHOLS
Chief Administrative Officer and
Clerk of the. Board of Supervisors
By
Fage 72
May 15, 1984