HomeMy WebLinkAboutM072484\ -
July 24, 1984
Call to order - Board of Supervisors Room, County Administration
Building, 25 County Center Drive, Oroville.
Present: Supervisors Dolan, Fulton, Moseley, and Chairman Saraceni;
Martin J. Nichols, chief administrative officer; Del Siemsen, county
counsel; and Rubye Townsley, deputy clerk of the Board.
Absent: Supervisor Wheeler
Pledge of allegiance to the Flag of the United States of America.
Invocation - Supervisor Moseley
84-58.7 Additional items from Board members to be addressed at the end of the
day.
1. Chairman Saraceni would like to discuss the Board salaries issue.
84~-588 Items removed from the Consent Agenda for separate consideration.
1. George Savko abandonment item amended to change hearing date to
September 11, rather than August 21, as listed on-the agenda.
(AME'NDMII~]T ONLX)
2. Simpson--Mazzoli Immigration Bill - letters have been prepared
supporting full federal reimbuzsement of state and local costs
of providing health and. welfare services to legalized aliens.
3. Communications item -.Greater Chico Chamber of Commerce - requests
the Board to write a letter of protest on the abandonment of the
Stirling City Branch which serves the lower Skyway area.
Page 166
July 24, 1984
July 24,-1984
84-5gg Consent Agenda
(78}
1. Approval of minutes - July 17, 1984. Action requested: APPROVE
MINUTES.
2. Budget transfers. Action requested: APPROVE BUDGET TRANSFERS B-304,
B-305, B-306, B-208 AND B-309.
3. Resolution in appreciation to California Department of Forestry,
Butte County Fire Department and volunteers for their efforts in
the recent fire in Butte Creek Canyon. Action requested: ADOPT
RESOLUTION 84-120 AND AUTHORIZE THE CHAIRMAN TO SIGN.
4. George Savko - abandonment of portion of Munjar Road, 1/2 mile
section of Munjar Road, located 640 feet east of Hoby Lane, 1
mile ~ east of Meridian Road, AP 47-22-04, Chico. Action requested:
ADOPT RESOLUTION 84-i21 SETTING A PUBLIC HEARING FOR SEPTEMBER 11,
1984, AT ZO:DO A.M.
5. Butte County Planning Commission - amendment to Butte County Code
Section 2437 (item determined to be categorically exempt from
environmental review} non-conforming uses, substitution of residen-
tial non-conforming uses (including mobile homes}, abandonment,
restoration, maintenance and repairs of non-conforming uses, effects
of zone or code changes on previously issued building permits or
use permits, effects on non-conforming uses by obtaining a use
permit. Action requested: SET PUBLIC REARING FOR AUGUST 14, 1984,
AT 10:00 A.M.
6. Dennis K. Ragain - appeals the Advisory Agency's requirement for an
environmental impact report for the Heritage Condominiums Tentative
Subdivision, AP 44-21-39, which proposes 20 units on one lot,
property located approximately 250 feet southwest of the intersection
of Lassen Avenue and El Paso Way, on the southerly side of Lassen
Avenue, Chico area. Action requested: SET PUBLIC HEARING DATE
FOR AUGUST 14, 1984, AT 1x:45 A.M.
7. Barnhart-Brown & Associates - on behalf of Orval Dodge, appeal the
Advisory Agency's denial of tentative parcel map (item on which a
mitigated negative declaration is recommended}, AP 71-01-68 & 70,
three parcels for property located at the intersection of Encino
Grande Road and Deer Meadow Road in the Berry Creek area. Action
requested: SET PUBLIC HEARING DATE FOR AUGUST 14, 1984, AT
10:15 A.M.
Page 167
July 24, 1984
July 24, 1984
84-589 g, D. Wilgus and Rose M. Durant appeal the Advisory Agency's approval
(Cont'd) of a condominium conversion (item which has been determined to
be categorically exempt from environmental review) by parcel map
for Bruce Zillner, AP 40223-07, one parcel with four units,,
property located on the south side of Campbell Street approximately
250 feet west of its intersection. with Goodspeed Street, Durham area.
Action requested: SET PUBLIC HEARING DATE. FOR AUGUST 14, 1984, AT
10:30 A.M.
9. Butte County Library donation - in accordance with Government Code
Section 25355, donations of $225 from the Chico Friends of the
Library have been made for the purchase of memorial books and $120
for the purchase of books. Action requested: ACCEPT DONATIONS.
10, Butte County Library donation - in accordance with Government Code
Section 25355, donation of a one-island paperback display unit
purchased by Soroptimist International of Chico valued at $380 .has
been made. Action requested: ACCEPT DONATION.
11. Appointment to Private Industry Council. Action requested: APPOINT
GEORGE GTLBERT AS THE ECONOMIC DEVELOPMENT REPRESENTATIVE TO THE
PRIVATE INDUSTRY COUNCIL.
12. Superior Court Improvement Project bid documents. have been prepared
for the reroofing, sheet metal work and. repainting of the Butte
County Superior Court. Action requested: AUTHORIZE THE-CALL FOR
STD WITH BIDS TO BE OPENED ON AUGUST 15, 19$4, AT 2:30 P,M, TN
THE PURCHASING OFFICE.
13, Jail improvements - plans and specifications have been prepared for
reroofing and sheet metal work at the Butte County Jail as well
as heating, ventilation and air condition systems in the two
dormitories, make-up air unit replacement for the kitchen and reloca-
tion of the main jail cooling tower. Action requested: APPROVE
PLANS AND SPECIFICATIONS AND AUTHORIZE THE CALL FOR BID WITH BIDS TO
BE OPENED ON AUGUST 15, 1984, AT 2:30 P,M. IN THE PURCHASING OFFICE,
14. Notice of Completion - Midway Pavement Overlay, Project No. 26311-84-1 -
all work on .the project has been completed in accordance with the
plans and specifications. Action requested: ACCEPT PROJECT AND
AUTHORIZE FILING OF NOTICE OF COMPLETION.
Page .168
July 24, 1984
July 24, 1984
84-589 15. Program Supplement No. 32 to Master Agreement No. 03-59].2 (federal
(Cont`d) projects) - a resolution has been prepared authorizing execution
of the program supplement covering funding of Pentz Road from 1.2
miles south of Country Club Drive to Paradise town limit, FAS
Project No. Y 749(1) with funding a5 follows: federal, $366,435;
state match, $58,565. Action requested: ADOPT RESOLUTION
84-122 AND AUTHORIZE THE CHAIRMAN TO SIGN.
16. Right-of--way acquisition - Agreements for Sale - Eaton Road
Reconstruction Project No. 59171-83-1: -
Land Improvements TOTAL;"
Parcel 1 - E.M. Myers D.06 acre
& Alene Myers (0.02 net) 930 455 $1,385
Parcel 2 - R. Johnson 0.06 acre
(0.02 net.) 1,256 960 $2,216
Parcel 3 - R.V. Brown 0.03 acre
& E.O. Brown (D.O1 net) 150 -0- $ 15D
Parcel 5 - S. Orestano
& M.A.R. de Orestano (0.02 net) 1,170 -0- $1,170
Parcel b - R. W. Coak 0.05 acre
& M.E. Cook (0.02 net) 911 650 $1,561
Parcel 7 - 0.06 acre
Nancy Lee Sorge (0.02 net) 784 -0- $ 784
Parcel 29 - 0.06 acre
Madge Hanson (0.01 net) 372 -0- $ 372
Action requested: APPROVE AGREEMENTS FOR SALE, AUTHORIZE THE
CHAIRMAN TO SIGN AND AUTHORIZE THE AUDITOR TO ISSUE WARRANTS UPON
DEMAND OF THE COUNTY'S ESCROW AGENT.
17. Penalty abatement requests - change of ownership reports. Action
requested: APPROVE THE FOLLOWING REQUESTS AS RECOMMENDED: TAUNA
BARKER, AP 073-18--0-065--0; FARMERS HOME ADMINISTRATION, AP 031-21-
1-029; MR. & MRS. ENRIQUE JACKSON, AP DO1-19-1-008-0; RICHARD L.
ROVETTO, AP 064-51-0-002-0; MR. & MRS. JAMES BOLES, AP 045-52-0-003-0;
MR. & MRS. PHILLIP M,GALLAGHER, AP 066-27-0-005-0; BIDWELL HEIGk1TS
LAND CO., AP D51-O1-0-128-0 AND AP 040-13-0-022-D; MR. & MRS.
BOBBIE ROWE,.AP 064-7D-0-024-0; MS. SALLX K. WALLS, AP 028-35-0-040-0;
MR. & MRS. THOMAS STIRLING, AP 051-10-4-033-0. DENY THE FOLLOWING
REQUESTS AS RECOMMENDED: DAVID LACKEY, AP 003-Q7-6-014-0; MR. & MRS.
MELVIN DEWSNUP, AP 010-23--0-023-0; JOHN F. CARTER, ET AL, AP 055-15-
OW058-0; CHARLES G. ELLIS & MR."& MRS. WILLIAM A. SCi3OCK, AP 064-
35-D09-0; MR. & MRS. DALE DALRYMPLE, AP 040-20-0-048-0; MR. STANLEY
WAREHIME, AP 012-03-3-017-0; M/M HERBERT W. AHNEMANN, AP 4--19-84.
Page 169
July 24, 1984
July 24, 198
84-589 l$. Nancy Coldren-Smith - files a claim in thie amount of $42,000 as a
(Cont'd) result of an incident .occurring on or about May 29, 1984, Action
requested: REJECT CLAIM AND REFER TO COUNTY COUNSEL AND RISK
MANAGEMENT COORDINATOR.
19. William Nelson.- files a claim for personal injuries in the amount
of X5,000,000 as.a result of alleged damages sustained while incar-
cerated in the county jail on or about April $, 1984. Action
requested: -REFER T4 COUNTY COUNSEL FOR RECOMMENDATION.
20. Communications.
a. Linda Halm, Chico -- requests that the appeal hearing on the
Elsie Deeham tentative parcel. map presently scheduled for
August 7, 1984, be continued until August 14, 1984. Action
requested: REFER TO AUGUST 7, 1984, HEARING.
b. Greater Chico Chamber of Commerce - requests the Board to write
a letter of protest on the abandonment of the Stirling City Branch
which serves the lower Skyway area. Action requested: AUTHORIZE
LETTERS OF PROTEST.
c. Paradise Recreation District - sends notification according to
Elections Code Section 23510.5 that there will be two director
position vacancies to be filled at the November 6 General Election.
Action requested: REFER TO COUNTY CLERK.
d. Dyanna Ballinger, et al - several letters have been received
requesting that consideration be given to extending county
right--of-way and construction of a crossing on-the Honcut Creek
between Vierxa Raad and Darby Raad. Action requested: REFER TO
PUBLIC WORKS FOR CONSIDERATION DURING BUDGET HEARINGS.
e. Argonaut Parlor No. 8, Native Sons of the Golden West - requests
Board permission to proceed with improvements to The Chinese Cemetery
on Feather River Boulevard. Action requested: REFER TO CHIEF
ADMINISTRATIVE OFFICER AND, COUNTY COUNSEL FOR RESEARCH AND RESPONSE.
f. State Department of Transportation - sends notification that
studies are being initiated relative to widening State Route 99
between Durham Highway and the Skyway and requests notification of
facilities or plans for development which might be affected by
the proposal. Action requested: REFER TO PUBLIC WORKS.
Matian: APPROVE CONSENT AGENDA
M S
Vote: 1 Y 2 Y 3 AB 4 Y 5 Y (Motion carried
Page 3.70
July 24, 1984
July 24, 1984
Regular Agenda
84-590 Simpson-Mazzoli Immigration Bill - letters have been prepared supporting
{88} full .federal reimbursement of•state and local costs of providing health
and welfare services to legalized aliens. (CLARIFICATION SY SUPERVISQR.
FULTON THAT THE BOARD IS NOT SUPPORTING THAT BILL, BUT ADVISING
LEGISLATORS THAT IF THEY VOTE FOR THE BILL THE BOARD WOULD LIKE FOR
THEM TO INCLUDE. THE FEDERAL REIMBURSEMENT.)
Motion: AUTHORIZE CHAIRA3AN TO SIGN LETTERS TO FEDERAL LEGISLATORS.
S M
Vote: l Y 2 Y 3 AB 4 Y 5 Y {Motion carried)
84-591 Communications: b. Greater Chico. Chamber of Commerce -- requests the
(108) Baard to write a letter of protest on the abandonment of the Stirling
City Branch which serves the .lower Skyway area, {REFERRED TO PLANNING,
.PUBLIC WORMS AND ECONOMIC DEVELOPMENT FOR A REPORT AND RECOMMENDATION
TO THE BOARD NEXT WEEK.)
84-592 Consideration of request far endorsement - Water Hugger 150 Boat Race
(345) Project. (REFERRED TO THE SHERIFF'S DEPARTMENT)
84-593 Report from Planning Commission relating to the Airport Land Use
(401) Commission. (LETTER TO BE WRITTEN TO ASSOCIATION OF CITIES REQUESTING
THAT THEY MEET WITH TWO MEMBERS OF THE AIRPORT LAND USE COMMISSION TO
DISCUSS TRANSITION OF CURRENT PROJECTS. REQUESTED THAT REPORT OF THE
AIRPORT STUDY BE PRINTED AND PUBLISkTED.)
84-594 Foothills Water Resources Study - as a result of SB 2320 and AB 2758,
(615) $70,000 may be available for alloaaticn to Butte County for the conduct
of a Foothills Water Resources Study, (from 7/17/84) (CONTINUED TO
JULY 31, 1984)
84-595) Additional item from Baard members to be addressed:
(660)
1. Chairman Saraceni requested that the Board salary issue be
clarified. (MR. NICHOLS PRESENTED A REPORT. PRESENTATIONS FROM THE
FLOOR RECEIVED. NO ACTION TAKEN.}
RECESS: 10:12 a,m.
RECONVENE: 10:33 a.m.
Page 171
July 24, 1984
July 24, 1984
Public Hearings and Timed Items
84-596 Report from McCain Associates on the proposed Storm Drainage Master
(2277) Plan of the rock Creek--Nord area.
County Service Area No. 89 - Rock Creek/Nord Area Drainage. The Board
** of Supervisors initiated the formation of County Service Area No. 89
00 by Resolution No. 83-1.37. The Butte County Local Agency Formation
Commission authorized the Board to hold the hearing at their
September 1, 1983, meeting. {from 6/12/84)
Motion: APPROVE CONCEPT OF THIS PLAN;, CALL. FOR THE FINALIZATION OF
IT AND THEREFORE THE APPROVAL OF THE COUNTY SERVICE AREA A
MONTH FROM NOW; .TO DECLARE IT IS THE BOARD'S INTENT TO ACCEPT
ALTERNATIVE SOI.,UTIONS,ALTERNATIVE TO. THIS PLAN AND THE FORMATION
OF THE ~A, THAT ARE OFFERED BY PRIVATE PROPERTY OWNERS AS LONG
AS IT MEETS THE APPROVAL OF OUR PUBLIC WORKS DIRECTOR; CALL
FOR A REPORT ON WHAT IS BEING DONE TO IMPLEMENT COUNTY SERVICE
AREA 87 ON THE EAST SIDE OF THE HIGHWAY.
M S
Vote: l Y 2 Y 3 AB 4 Y S Y (Motion carried}
(FINALIZATION OF PLAN AND REPORT TO BE ON AGENDA FOR AUGUST 21, 1984)
84-597 Ronald Merlo - {item on which a requirement for an environmental impact
(1674) report is being appealed) - general plan amendment from orchard and field
crops to agricultural--residential and rezone from A-2 (general) to
SR-1 (suburban residential.- 1 acre parcels) located on the south side
of Oroville-Chico Highway, approximately 1480 feet east of Midway,
identified as AP 40-0&-0.4 (portion), Durham. (CONTINUED TO
SEPTEMBER 25, 1984, AT 10:00 A.M.)
$4-598 Continued hearing - Barnhart-Brown & Associates - appeal of Condition
No. 3 (requirement for SC 250 prime coat which is a requirement of the
RS-7A Road Standard) for Cynthiann Tentative Subdivision, AP 27-07-59,
six parcels, property located approximately one-half mile north of the
intersection of Bohemia Avenue and Cynthiann Lane, Oroville area.
(from 7/17/84) (ITEM PLACED ON THE AGENDA IN ERROR. HEARING HAD BEEN
SCHEDULED. FOR AUGUST 7, 1984, AT 10:14 A.M.)
Page l72
July 24, 1984
July 24, 1984
84-599
(1773)
*~*
000
84-600
(284)
Recognition of persons wishing to speak.
1. Several people spoke concerning Board salaries. They included:
.Norma Smith, Ken Harberger, Vickie Maedge, Orrin B. Stratton,
John Roberts, Doris Goodson, Lance Smith and. Michele Seely.
Viacom Cablevision - renewal agreement for CATV services in the Oroville
unincorporated area .through July 1, 2004. (from 7/17/84) (CDNTTNUED
TO AUGUST 7, 1984, AT 10:15 A,M.)
Closed Hearings
$4-601 R,F.C, Surveyors, Inc, -- on behalf of Doe Mill Vineyards. appeals the
Advisory Agency's denial of a tentative parcel mag (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 each, property located
300 feet south of Wilder Drive, west of Zinfandel Drive, Doe. Mill Ridge
area. (from 7/17/84)
R, F.C. Surveyars, Inc. -~ on behalf of Larry Ludwig, appeals the 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,
thr+~E parcels, property located.:.on both sides of Doe Mill Ridge.
approximately 800 feet north of Hummer Road, Doe Mill Ridge area.
(from 7/17/84}
(BOTH HEARINGS CONTINUED-TO-JULY 31, 1984.)
CLOSED SESSION: The Board recessed at-12:32 p.m. for a closed session.
RECONVENE: The Board reconvened at 1:15 p.m. following a closed session
on litigation. (SEE•FOLLOWTNG MrNU'I`E ORDER.)
(SUPERVISOR DOI,AN ABSENT AT THIS TIME)
84-602 Report on closed session.
(322)
Motion; AUTHORIZE ATTORNEY'S FEES FOR TG~iO LAWYERS, $75.00 AN HOUR
TO REPRESENT CAPTAIN MTCK GREY AND DEPUTY KLUTE OF THE
SHERIFF'S OFFICE IN THE ANDERSON CASE.
S M
Vote: 1 Y 2 AB 3 AB 4 Y 5 Y (Motion carried)
Page 173
July 24, 1984
July 24, 1984
A~iJ0i7RNMENT: There being nothing further before the Board at this
time the meeting was adjourned at 1:17 p.m,
C~f/L_
Chairman, Board of Supervisors
AT'T'EST: MARTIN J. NICHOT,S
Chief Administrative Officer and
Clerk Board of Supervisors
By:
Be
Page 174
July 24, 1984