HomeMy WebLinkAboutM102384October 23, 1984
Call to order - Board of Supervisors Room, County Administration
Building, 25 County Center Drive, Oroville.
Present: Supervisors Dolan, 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.
84-735 Additional items from Board members to be addressed at the end of the
(26) day.
1. Supervisor Wheeler announced she would be sending out a proposal
to the Board regarding restructuring the Planning Commission.
2. Supervisor Moseley reported on a traffic problem on Ord Ferry Road.
CLOSED SESSION: The Board recessed at 9:06 a.m. for a closed session
on personnel.
RECONVENE: The Board reconvened at 9:12 a.m. (NO ANNOUNCEMENTS.)
84-736 Items removed from the Consent Agenda for separate consideration.
(92)
1. Communications item "e": Butte County Veterans Council - writes
concerning an upcoming proposal to rename the Chico Veterans
Memorial Hall.
Page 291
October 23, 1984
84-737 Consent Agenda
103)
1. Approval of minutes - October l6, 1984. APPROVED MINUTES.
2. Budget transfers. APPROVED BUDGET TRANSFERS B-54, 8-57 AND B-58,
3. Robert M. Huskey - on behalf of Martin McClendon, appeals the
Advisory Agency's .denial of a tentative parcel map (proposed
mitigated negative declaration regarding environmental impact},
AP 72-47-08, two parcels, property located on the north side of
Hope Lane approximately 1200 feet west of its intersection with
Hurleton Swedes Flat Road, Oroville area. PUBLIC HEARING DATE
SET FOR NOVEMBER b, 1984, AT 10:30 A.M.
4. Roger Green - appeals the Planning Commission's denial of the
Green Rock Quarries use permit, mining permit and reclamation
plan (item on which a draft environmental impact report has been
prepared) on groperty zoned A-2 (general} located 1/2 mile east
of Coal Canyon Road, 1~-I/2 miles east from Highway 70, identified
as AP 41-14-14, Cherokee area. PUBLIC HEARING DATE SET FOR
NOVEMBER 6, 1984, AT 11:15 A.M,
5. Resolution supporting National Business Women's Week -- October 21 -
27, 1984. ADOPTED RESOLUTION 84-168 AND AUTHORIZED THE CHAIRMAN
TO SIGN.
6. Barry M. Meyers, attorney at law - on behalf of William C. Sgann,
submits a claim in the amount of $1,000,000 as a result of alleged
injuries sustained on October 15, 1984, while incarcerated in the
Butte County Jail. DENTED CLAIM AND REFERRED TO COUNTY COUNSEL
AND RISK MANAGEMENT COORDINATOR.
7. James A, Kealey, attorney at law ~- on behalf of Helen Sahagun,
files a claim for indemnification in Butte County Superior Court,
Action No. 84564, Zoa Elizabeth Corrado and Anthony Corrado vs.
Helen Sahagun, et al. DENTED CLAIM AND REFERRED TO COUNTY COUNSEL
AND RISK MANAGEMENT COORDINATOR.
8. Daniel B, Lorenz, attorney at law - on behalf of Dennis Vest,
Barbara Vest and Jacqueline Thomas, files individual claims in
the amounts of $3,000,000, $1,000,000 and $35,000, respectively,.
as a result of alleged injuries and. damages sustained on or about
July 15, 1984, in the vicinity of Oroville Airport. DENIED CLAIMS
AND REFERRED TO COUNTY' COUNSEL AND RISK MANAGEMENT COORDINATOR.
Page 292
October 23, 1984
84-737 9. Child Protective Services counseling agreements - agreements
(Cont'd) have been prepared with various individua3.s/organizations
providing child protective services counseling for children
at risk. Contracts cover the period duly 1, 1984, through
dune 30, 1985, and are .funded through Title XX allocations
in the amounts indicated:
Step II Psychological Services $80,000
Family Services Association 16,0D0
Claudia Smith-Wiley 9,950
aim Park 9,950
Dennis Bruce, MSW 9,95D
Eleanor Zahnd, MSW 9,950
Rod Letner, Psychologist 9,95D
Janet Rauch 9,950
APPROVED AGREEMENTS AND AUTHORIZED THE CHAIRMAN TO SIGN.
10. Controlled access highway agreement - State Route 32, between
Humboldt Road near Hog Springs and about one mile north of
Humboldt Road near Lomo - an agreement has been prepared with
the State of California covering the closing, relocation and
construction of the controlled access highway affecting county
roads. APPROVED AGREEMENT AND AUTHORIZED THE CHAIRMAN TO SIGN.
11. Agreement with Solway, Inc. - an agreement has been prepared
between the county and Solway, Inc., in the amount of $22,000
for female alcohol recovery services during 1984-55. APPROVED
AGREEMENT AND AUTHORIZED THE CHAIRMAN TO SIGN.
12. Communications.
a, GDA Engineering, Oroville - on behalf of Mr. and Mrs.
O.C. Engdol (Ms. Anne Casey}, writes concerning latitude in
assessment of penalties for cancellation of the Anne Casey
Land Conservation Act Agreement. REFERRED TO COUNTY COUNSEL FOR
REPORT AND RECOMMENDATION,
b. C. L. Pierce, Forest Ranch - writes concerning the need to
eliminate sharp turns an Schott Road from Highway 32 east to
Doe Mill Road. REFERRED TO PUBLIC WORKS FOR CONSIDERATION.
c. Mary Strong, Chico - writes concerning the condition of
Godman Avenue in the vicinity of Eaton Road. REFERRED TO
PUBLIC WORKS FOR CONSIDERATION,
d. City of Oroville -,Ian Duke, acting city administrator,
forwards the City Council's support on the continued use of the
Oroville Justice Court in downtown Oroville, rather than relocation.
ACCEPTED FOR INFORMATION AND AUTHORIZED LETTER INFORMING CITY OF
STUDY BY STATE JUDICIAL COUNCIL,
Page 293
October 23, 1984
84--737 12. Communications {continued}
(Cont'd)
e. Butte County Veterans Council -writes requesting the Board
appropriate the sum of $100 far use by the Butte County Veterans
Hall Committee. ACCEPTED RECOMMENDATION OF CHIEF ADMINISTRATIVE
OFFICER AND AUTHORIZED FETTER TO THE VETERANS COUNCIL THAT
SUFFICIENT FUNDING E~SISTS IN THE PRESENT VETERANS MEMORIAL
HALL BUDGET.
f. Jim Rac~cerby, personnel director - forwards report on
renewal rates for the employee health insurance plan to be
effective December 1, 1984. ACCEPTED FOR INFORMATION.
Motion: APPROVED CONSENT AGENDA.
M S
Vote: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried}
84-738 Mr. Nichols indicated that Item 10 of the Consent Agenda .(Controlled
access Highway agreement - State Route 32} required that a resolution
be adopted.
Motion: ADOPTED RESOLUTION 84-169.
M S
Vote: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
Regular Agenda
84-739 Butte County Veterans Council -writes concerning an upcoming proposal
to rename the Chico Veterans Memorial Hall.
Motion: ACCEPTED RECOMMENDATIONS OF CHIEF ADMINISTRATIVE OFFICER AND
AUTHORIZED LETTER TO THE VETERANS COUNCIL, AMENDING THE LAST
PARAGRAPH OF THE LETTER TO READ ONLY. "IT IS MY RECOMMENDATION
THAT YOU AUTHORIZE MY OFFICE TO COMMUNICATE WITH THE VETERANS
COUNCIL AND SUGGEST THAT THEY OFFER FURTHER DETAILED
INFORMATION."
S M
Vote: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
Page 294
October 23, 1984
84-740 Consideration of appointment to the Air Pollution Control District
(211) Hearing Berard.
Motion: APPOINTED WENDELL LUNDBERG TO SERVE UNTIL JANUARY 18, 1985.
M S
VOTE: l Y 2 Y 3 Y 4 Y S Y. (Unanimously carried}
84-741 Health insurance consultant -- the Health Insurance Review Committee
(246} forwards its recommendation regarding the selection of a consultant.
Motion: AUTHORIZED CHIEF ADMINISTRATIVE OFFICER AND PERSONNEL DIRECTOR
TO NEGOTIATE A CONTRACT WITH THE SHER GROUP OF SAN FRANCISCO,
S M
Vote: l Y 2 Y 3 Y 4 Y 5 Y {Unanimously carried)
GOOSED SESSION: The Board recessed at 9:23 a.m. for a closed session
on litigation.
RECONVENE: The Board reconvened at 9:48 a.m. (NO ANNOUNCEMENTS,}
84-742 Additional items from Board members:
1. Chairman Saraceni announced that Butte Creek Trail Council had
invited members of the Board and public to attend a presentation
and discussion regarding the Butte Creek Hydroelectric Project at
the Paradise Town Hall on October 24, 1984, at 7:00 p.m.
Closed Hearings
84-743 Board of Supervisors (South Fork Developers} - General Plan amendment
from orchard and field crop to agricultural-residential on property zoned
"A-2" (general}, located on the east side of Midway at Mary Bill Ranch
Road, two miles south of Chico, identified as AP 40--02-116 (from 10/16/84}.
(CONTINUED TO OCTOBER 30, 1984}
South Fork Developers (Sill Cottingham) - appeal the Planning Commis-
sions's denial of a rezone (item on which an environmental impact report
was previously certified) from °A-2" (general} to "PUD" (planned unit
development} to develop a 110-lot residential development on 110 acres,
property located on the east side of Midway at Mary Bill Ranch Road,
identified as AP 40-02-116, Chico (from 10/15/$4). (CONTINUED TO
OCTOBER 30, 1984.,
84-744 GDA Engineering - on behalf of Terry Greerty, appeals the Advisory
{395) Agency's denial of a tentative parcel map {item on which previously
certified environmental impact reports are being utilized), AP 28-17-03,
20 parcels, approximately 1000 feet north of the intersection of Hurleton-
Swedes Flat Road and Svaedes Flat Road, Swedes Flat area {from 10/16/84).
Page 295
October 23, 1984
84.744 Motion: NOTED THAT THE REQUIREMENTS OF THE CALIFORNIA ENVIRONMENTAL
(Cont'd) QUALITY ACT HAVE BEEN CQMPLETED AND CONSTDEREp IN MAKING
THIS DECISION. ADOPTED A MITIGATED NEGATIVE DECLARATION
REGARDING ENVIRONMENTAL IMPACT, USING PREVIOUSLY CERTIFIED
EIR'S OF 1975 AND 19$0,- NOTING THAT THE DEPARTMENT OF FISH AND
GAME HAS NOT SUPPLIED DATA TO SUBSTANTIATE TTS CLAIM THAT
THESE 20 ACRE PARCELS WILL HAVE A SUBSTANTIAL ADVERSE
ENVIRONMENTAL IMPACT ON DEER HERDS. THE CREATION OF PARCELS
OF THIS SIZE TN THIS AREA WILL NOT CAUSE A BARRIER TO DEER
MIGRATION. IF THE DEPARTMENT OF FISH AND GAME FEELS THIS
PRIVATE PROPERTY TS A CRITICAL DEER CROSSING "WINDOW" FOR THE
AREA, THEN THE STATE SHOULD PURCHASE THIS PRIVATE PROPERTY
OR EASEMENTS FOR PUBLIC USE.-.NOT CONDEMN PRIVATE PROPERTY
WITHOUT COMPENSATION. MITIGATIONS 2, 3 AND 4 AS PROPOSED BY
THE APPLICAT30N ON MEMO FROM PUBLIC WORKS DATED OCTOBER 11 WERE
ADDED TO THE PROJECT TO ADDRESS IMPACTS. FOUND THAT THIS
AREA IS ZONED FOR THIS TYPE OF RURAL RESIDENTIAL DEVELOPMENT.
THERE ARE OTHER PARCELS OF THIS SIZE AND SMALLER IN THE AREA
AND TT WOULD BE UNREASONABLE TO DENY THIS PROPERTY OWNER TkiE
SAME RIGHTS ENJOYED BY OTHERS. FOUND THAT THE PROJECT CONFORMS
TO THE BUTTE COUNTY GENERAL PLAN AND UPHELD THE AFPEAL OF THE
ADVISORY AGENCY'S DENIAL OF A TENTATIVE PARCEL MAP FOR
TERRY GREERTY, AP 28-17-07 AND 72-39-03, ADDING PUBLIC WORKS
CONDITIONS 1 THROUGH 7 AND ENVIRONMENTAL HEALTH CONDITIONS
8 THROUGH 12 AS LISTED ON THE MEMO FROM PUBLIC WORKS pATEp
OCTOBER I1, 1984, AND THEY WILL AGREE TO JOIN A ROAD MAINTENANCE
DISTRICT WHEN ONE IS FORMED.
M 5
Vote: l Y 2 N 3 Y 4 Y 5 N (Motion carried)
RECESS: 9.55 a.m.
RECONVENE: 10:05 a.m.
Public Hearings and Timed Items
84-745 Gonsideratian of .implementing industrial development bond authority
(487} in Butte County.
Motion: ADOFTED RESOLUTION 84-170 NAMING THE PRESENT SUPERVTSORTAL
APPOINTMENTS TO THE BOARD OF DIRECTORS OF THE BUTTE COUNTY
OVERALL ECONOMIC DEVELOPMENT, INC., AS THE BOARD OF DIRECTORS
OF THE INDUSTRIAL DEVELOPMENT AUTHORITY OF BUTTE COUNTY FOR
THE PURPOSE OF MAKING APPLICATION FOR INDUSTRIAL REVENUE
BONDS UNDER THE CRITERIA, GUIDELINES AND RESTRICTIONS SET
Page 296
October 23, 1984
84-745 FORTH IN THE "CALIFORNIA INDUSTRIAL DEVELOPMENT FINANCING ACT."
(Cont'd} ADOPTED RESOLUTION 84-171 NAMING THE GOVERNING BOARD, BOARD OF
SUPERVISORS, AS THE ALTERNATE BOARD OF DIRECTORS OF THE
INDUSTRIAL DEVELOPMENT AUTHORITY, APPOINTED: CORKY HAA7M01~7,
BY SUPERVISOR OF DISTRICT 1; JOSEPH NICHOLS, BY SUPERVISOR
OF DISTRICT 2; PAUL PETERSON, BY SUPERVISOR OF DISTRICT 3,
EUGENE HURRAY, BY SUPERVISOR OF DISTRICT 4; AND MARGARET BARRON,
BY SUPERVISOR OF DISTRICT 5.
M S
Vote : 1 2 3 4 5
Motion amended: DIRECTED MR. NICHOLS TO WORK WITH BOND COUNSEL AND
MS. TAYLOR CONCERNING REGULATIONS REGARDING POOLING OF ALLO-
CATIONS, IF LEGAL AND POSSIBLE TO PROCEED AND IF AMENDMENT
TO RESOLUTION TS NEEDED, IT WILL BE BROUGHT BACK TO THE BOARD.
M S
Vote: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
RECESS: 10:15 a.m.
RECONVENE: 10:30 a.m.
84-746 Neil H. McCabe, attorney at law - on behalf of Chico Unified School
(801} District, appeals the Advisory Agency's approval of Richard Ramsey
tentative map (item on which a proposed negative declaration regarding
environmental impact was recommended}, AP 42-05-67, two parcels, property
located approximately 600 feet east of the intersection of Muir Avenue
and Bell Road on the south side of Bell Road, Chico area. (APPEAL
WITHDRAWN.}
84--747. Neil H. McCabe, attorney at I.aw -- on behalf of Chico Unified School
(829) District, appeals the Advisory Agency's approval of Patrick McGorky
tentative parcel map (item on which a proposed mitigated negative
declaration of environmental impact was recommended), AP 63-09--30
(portion), two parcels, property located approximately 400 feet south-
east of the intersection of Clearcut Lane and Nopel Avenue, Forest
Ranch area. (APPEAL WITHDRAWN.)
RECESS: 10:34 a.m.
RECONVENE: 10:45 a.m,
Page 297
October 23, 1984
84-748 Lippincott-Guth Associates -- on behalf of Patrick McGarky, appeal the
(906) Advisory Agency's Condition No. 10 (provide cul-de--sac at the end of
the street) and Condition No. .l3 (access easement to be 50 feet in
width) on tentative parcel map, AP 63-09-30 (portion), two parcels,
property located approximately 400 feet southeast of the intersection
of Clearcut Lane and Nope1 Avenue, Forest Ranch area.
Motion: UPHELD APPEAL OF THE ADVISORY AGENCY'S CONDITIONS 10 AND 13,
ALLOWING A 30 FOOT WIDTH RATHER THAN 50; ALLQWED A 16 FOOT
WIDTH, RATHER THEN 20 ON PRIVATE RAODWAY PROVIDING ACCESS
TO PARCEL 2; ALL OTHER CONDITIONS ON MEMO FROM PUBLIC WORKS
DATED SEPTEMBER 19, 1984, WILL APPLY.
M S
Vote: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
CLOSED SESSION: The Board recessed at 10:53 far a closed session on
litigation.
RECONVENE: The Board reconvened at 11:05 a.m. (NO ANNOUNCEMENTS)
$4-749 Recognition of persons wishing to speak.
(1180)
1. Orrin B. Stratton - regarding Measure B.
2. Glen Halsey - concerning Proposition 29, Cal-Vet Bond Measure.
3. Ellen Roemelt - regarding a speeding problem in Palermo.
4. Louis Camenzind, Jr. - problems with excavations by. telephone company,
followed by rains. (REFERRED TO PUBLIC WORDS DIRECTOR)
5. Norma Smith, concerning Measure B.
6. Cindy Schons - regarding absence of Sheriff's services and
Measure B.
Motion: ACCEPTED MR. HALSEY'S REQUEST, AND ENDORSED CAL-VET BOND
MEASURE.
M S
Vote r l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
84-750 Continued hearing - formation of Rock Creek Reclamation District
(2175) (from 10/16/84) (CONTINUED TO NOVEMBER 27, 1984, AT 10:00 A.M.)
~*
00
Page 298
October 23, 1984
CI,OSE~I SESSION: The Board recessed at 12:25 p.m, for a closed session
on litigation.
RECONVENE: The Board reconvened at 12:32 p.m. (NO ANNOUNCEMENTS.)
ADJ0~7RNMENT: There being nothing further before the Berard at this
time the meeting was adjourned at 12:33 p.m. to reconvene
an October 30, 1984, at 9:00 a.m.
CSC a
Chairman, Board of Supervisors
ATTEST:
MARTIN J. NICE S
Chief Administ five Officer and
Clerk of tie B rd of Supervisors
By
Page 299
October 23, 1984