HomeMy WebLinkAboutM120484December 4, 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 clerlr of the Board.
Pledge of allegiance to the Flag of the United States of America.
Invocation - Supervisor Moseley.
84-848 Additional items from Board members to be addressed at the end of the
day:
1. Supervisor Dolan attended the open house at the Butte County Economic
Development Corporation and wanted Audrey Taylor to repeat the nice
things that were said about the Board of Supervisors. Audrey Taylor
presented a picture far the. Board Room in appreciation far the
Board's sugport.
2. Supervisor Wheeler repartedt~at many political signs were still
on the landscape.
Motion: DIRECTED PUBLIC WORKS TO STD LETTERS TO INDIVIDUALS TO
REMOVE THEIR SIGNS.
M S
Vote: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
84-849 Items removed from the Consent Agenda for separate consideration.
(84)
1. Resolution authorizing execution of Program Supplement No, 36,
(ITEM AMENDED TO REFLECT THAT THE COUNTX FUNDING AMOUNT IS
$15,500 AND NOT $15,000 AS LISTED ON T~iE AGENDA.)
Page 345
December 4, 1984
84-849 2. Ordinance amending Section 19-14 of the Butte County Code relative
(Cont'd} to sewage disposal systems. (REMOVED FROM THE AGENDA.)
3. Ordinance amending Chapter 28 of the Butte County Code relative to
plumbing. (REMOVED FROM THE AGENDA,)
84--850 Consent Agenda
(95}
1. Budget transfers. APPROVED BUDGET TRANSFERS B-8$, B-89 AND B-90,
2. Penalty abatement requests - change of .ownership reports. APPROVED
THE FOLLOWING REQUESTS AS RECOMMENDED BY CHIEF ADMINISTRATIVE
OFFICER: DRAKE HOMES, AP AP 048-42-0-022-0 THROUGH AP 048-42-0-048-0;
MR. AND MRS. LaVERN F. GAFFANEY, AP 003-10-3-013-0; PUTNAM PARK
ASSOCIATES, AP 053-26-0-063-0; SYCAMORE GLEN INVESTORS, AP 048-43-0-
004--0; JAMES ANA LISA HOFF, AP 064-24-0-015-0; RONALD C. GORGE,
AP 004-12-2-003-0; ROBERT L. CRAWFORD, AP 042-32-0-016-0; MR. AND
MRS. MARK DIDUCA, AP 055-10-0-009-0; LINDA SWIHART, AP 005-24-3-006-0;
MR. AND MRS. JOHN T. WELSH, SR., AND MRS. .TORN T. WELSH, JR.,
AP 005-28-2-004-0; MARTIN O. SOYLAND, AP 064-55-0-003-0; MR. & MRS.
JOHN R. KEELING, AP 044-75-0-036-0; JEFFREX JOSEPH LERCHE, AP 046-
14-1-006-0 AND 007-0; DONALD J. MEYER AND MARIA C. MEYER, AP 039-
36-0-109-0, DENIED THE FOLLOWING REQUEST A5 RECOMMENDED BY CHIEF
ADMINISTRATIVE OFFICER: MR. AND MRS. GABRIEL GUTEIRREZ,
AP 010-26-0-051-0.
3. Appointments to the Durham Mosquito Abatement District. APPOINTED
JOHN HOUGHTON AND CHARLES POOLER TO SERVE UNTIL DECEMBER 31, 198.6.
4. Appointment to Oroville Memorial Hall Committee. APPOINTED
CHESTER C. STEGNER, DELEGATE, VFW POST 9602, AND JOHN JASTER,
ALTERNATE, VFW POST 9602, UNTIL DECEMBER 31, 1985,
5. County Cler[c submits canvass of votes cast in the November 6, 1984,
General Election, ACCEPTED FOR INFORMATION.
6. Barbara Lowery, on behalf of herself, Phillip Lowery and Robert Comer,
files a claim in the amount of $27,500 for damages sustained as a
result of alleged false arrest and imprisonment on or about
October 22. 19$4. DENIED CLAIM AND REFERRED TO COUNTY COUNSEL
AND RISK MANAGEMENT COORDINATOR.
Page 345
December 4, 19$4
84-856 7. Melanie Ruth Deets, on Behalf of herself and Rita Deets, files
(Cont'd) a claim in the amount of $1,5D0,000 alleging that negligent design
and maintenance of the intersection of Oro Dam Boulevard and Larkin
Road. caused her husband's death in an automobile vs. motorcycle
collision on August l8, 1984. DENIED CLAIM AND REFERRED TO COUNTY
COUNSEL AND RISK MANAGEMEN'T' COORDINATOR.
8. Maternal and Child Health Funding Agreement for FY 1984--85.
APPROVED AGREEMENT AND AUTHORIZED THE CHAIRMAN TO SIGN.
9. Board of Supervisors (Menlo) - proposed negative declaration and
General Plan amendment of approximately 6.7 acres from orchard and
field crops to agricultural-residential on property zoned A-2
(general) located approximately 500 feet south of Oroville-Chico
Highway, 1400 feet east of Midway, identified as AP 40~-06-04 (portion),
Durham. PUBLIC HEARING DATE SET FOR DECEMBER 18, 1984, AT 10:30 A.M.
10. Final map - Cynthiann Subdivision - AP 27-D7-59, four parcels,
located at the intersection of Cynthiann Lane and Cynthiann Court,
Oroville. The developer has provided a cash bond to guarantee
maintenance of facilities for a period of one year starting
October 4, 1984. ACCEPTED DEPOSIT BY DEVELOPER FOR TAXES OR SPECIAL
ASSESSMENTS WHICH ARE A LIEN SUT NOT YET DUE OR PAYABLE. APPROVED
FINAL MAP. NOTED THAT CYNTHIANN LANE AND CYNTHIANN COURT AS OFFERED
IN THE OWNER'S CERTIFICATE ARE NOT ACCEPTED AT THIS TIME. AUTHORIZED
CHAIRMAN TO SIGN SUBDIVISION AGREEMENT.
ll, Final map -- Vineyard Vista Subdivision - AP 56-24-88, 89, 90 and 91,
16 parcels, located on the east side of State Highway 32 at Stage
Road, Forest Ranch area. 'The developer has provided bonds to
guarantee completion of construction of improvements and maintenance
of facilities for a period of one year starting November 20, 1984.
ACCEPTED DEPOSIT BY DEVELOPER FOR TAXES OR SPECIAL ASSESSMENTS WHICH
ARE A LIEN BUT NOT YET DUE OR PAYABLE. APPROVED FINAL MAP. ACCEPTED
EASEMENTS AS GRANTED TN ITEMS 1, 2 AND 3 OF THE OWNER'S CERTIFICATE
ON BEHALF OF THE PUBLIC. AUTHORIZED CHAIRMAN TO SIGN SUBDIVISION
AGREEMENT.
12. Resolution authorizing execution of Program Supplement No. 36 which
provides funding for the installation of flashing lights and
automatic gates on Anita Road at South Pacific Train Crossing
No. C-193.b (includes federal funding of $139,500 and county
funding of $15,5D0). ADOPTED RESOLUTION 84-187. AND AUTHORIZED
CHAIRMAN TO SIGN.
Page 347
December 4', 1984
84-850 13. Midway Bridge at Ash Creek, Project No. 26311-83-1 - Contract
(Cont'd) Change Order No. 1 in the increasing amount of $1,397.15 to
provide for increased depth of bridge footings. APPROVED CONTRACT
CHANGE ORDER N0. 1 AND AUTHORIZED CHAIRMAN TO SIGN.
14. Salary ordinance amendment - an ordinance has been prepared creating
four new positions authorized by the Board to meet the requirements
of SS 813 and provides for several reclassifications to improve
county operations. WAIVED THE SECOND READING AND ADOPTED
ORDINANCE 2446
15. Resolution in recognition of Duane G. Powers, county superintendent
of schools. ADOPTED RESOLUTION 84-188.
16. General Assistance Standards. REVISED ARTICLE 1, RESIDENCE (PAGE 1);
ADDED TO SECTION. C. ARTICLE 6, EMPLOYABLE PERSONS {PAGE 5}; ADDED
VII, REPAYMENT OF GENERAL ASSISTANCE (PAGE 10): AND REVISED SECTION G,
REHEARING (SECOND LEVEL OF THE APPEALS PROCESS} (PAGE 17) IN A000RD-
ANCE WITH MEMO FROM COUNTY WELFARE DIRECTOR DATED NOVEMBER 29, 1984.
17. Dissolution of certain Board-appointed committees. DISSOLVED THE
FOLLOWING COMMITTEES AND AUTHORIZED LETTERS OF APPRECIATION TO
COMMITTEE MEMBERS: COMMITTEE TO REVIEW FEASIBILITY OF ESTABLISHING
A HUMAN RELATIONS COUNCIL; EMPLOYMENT OF THE HANDICAPPED; TRAVEL
ALLOWANCE POLICY COMMITTEE; SUPERVISORS' TRAVEL POLICY COMMITTEE;
SPACE ALLOCATION COMMITTEE; DELEGATION TO MEET WITH AS50CIATION OF
CITIES; BUTTE COUNTY ECONOMIC CORPORATION - SUBCOMMITTEE; AMTRAK
DEPOT ADVISORY COMMITTEE; BEAUTIFICATION AND CLEAN-UP COMMITTEE;
CHICO BIKE STUDY COMMITTEE; COHASSET/FOREST RANCH PT~ANi~IING AREA
COMMITTEE; OPEN GRAZING COMMITTEE; OROVILLE BIKE STUDY COMMITTEE;
PARADISE BIKE STUDY COMMITTEE; CITIZENS ADVISORY COMMITTEE -
TRANSPORTATION ELEMENT OF THE GENERAL PLAN; AND WELI.~ CONSTRUCTION
POLICY COMMITTEE.
18. Lee Halstrom - appeals the Advisory Agency's denial of tentative
parcel map (proposed negative declaration regarding environmental
impact), AP 58-21--154, four parcels, property located approximately
500 ft. southeast of the: intersection of Yankee Hiil Road and Yankee
Vista Drive in the Concow area. PUBLIC HEARING DATE SET FOR
DECEMBER 18, 1984, AT 10:45 A.M.
19. Application for late claim and claim for indemnification in Butte
County Superior Cotirt Action No. 83162, Debbie Lind vs. L&L
Hydraulics and Machine Works, et al. REJECTED LATE CLAIM AND
REFERRED TO COUNTY COUNSEL AND RISK MANAGEMENT COORDINATOR.
2Q. George Robison, attorney at law, submits a claim in the amount of
X100,000 as a result of alleged damages resulting from actions of
the Environmental Health Department. DENIED CLAIM AND REFERRED
TO COUNTY COUNSEL AND RISK MANAGEMENT COORDINATOR.
Page 34$
December 4, 1984
84-850 21. Disposition of historical safes. AUTHORIZED THE BUTTE COUNTY
(Cont'd) HISTORICAL SOCIETY TO TAKE CUSTODY OF A VAULT DOOR AND "CANNONBALL"
SAFE.
Motion: APPROVED CONSENT AGENDA.
S I"1
Vate: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
84-851 Additional item to be addressed:
(15a)
1. Mr. Nichols reported that Audrey Taylor, Butte County Economic
Development Corporations Was present with a request for an endorsement.
Ms. Taylor requested the Board lend its endorsement to a Rural
Assistance Business Center (no county funds involved}.
Motion: GAVE SUPPORT.
M S
Vote: l Y 2 Y 3 Y 4 Y 5 Y {Unanimously carried}
Regular Agenda
84-852 Report from Public WorEcs Director on the status of Wyandotte CreeEc Road.
{187) {REPORT RECEIVED FROM MR. CHEFF THAT COUNSEL HAD DETERMINED COUNTY
HAS NO INTEREST IN THE RIGHT-OF-WAY AT THE PRESENT TIME,)
84-853 Report from Planning Director on residential zones. (REPORT RECEIVED
(223.) FROM BETTYE KTRCHER THAT PROPOSED ZONING AMENDMENT IS STILL IN HEARINGS
AT THE PLANNING COMMISSION AND THEREFORE NOT APPROPRIATE FOR BOARD TO
5ET A HEARING AT THIS TIME.)
84-854 Report on CSAC Annual Meeting (Supervisors Saraceni and Wheeler)
(312} (REPORT RECEIVED. NO ACTION TAKEN.)
84--855 Report from Chief Administrative Officer on Shasta County Jail Contract.
(487)
Motion: APPROVED CONTRACT.
S M
Vote: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
Page 349
December4, 1984
84-856 Report from Chief Administrative Officer on the status of Surface
(553) Mining Aggregate Operations Committee.
Motion: GAVE DTRECTTON TO COUNTY COUNSEL TO PREPARE ORDINANCE TO ABOLFSH
COMMITTEE AND DIRECTED CHIEF ADMINISTRATIVE OFFICER TO PREPARE
RECOMMENDATIONS ON A NEW COMMITTEE.
M S
Vote: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried}
RECESS: 9:32 A.M.
RECONVENE 9:42 A.M,
$4--857 Reconsideration of interpretation of Butte County Code Section 24-174
(802) relating to exploratory seismology tests (from 11/13 and 11/27/84).
(NO FUR'T'HER ACTION TAKEN. }
$4-858 Paradise Area Task Force on Wastewater Management (Supervisor Fulton).
(2116 )
Motion: EXTENDED TASK FORCE FOR ANOTHER SIX MONTHS.. (UNTIL JUNE 30, 1985},
S M
Vote: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
Public Hearings and Timed Items
84--859 Recognition of county employees by the Drug Enforcement Administration.
(PLAQUES WERE PRESENTED TO RONALD GHAPLIN, JERRY SMITH AND JOHN HUFFAKER
BY THE DRUG ENFORCEMEN'T' ADMINISTRATION FOR THEIR EFFORTS IN MARIJUANA
ERADICATION.)
84-860 Continued hearing - Linda Holm.- appeal of the Advisory Agency's approval
(2398} of Elsie A. Deeham tentative parcel map (item on which a negative
declaration regarding environmental impact is recommended), AP 39-35-35,
dividing 1.7 acres to create two parcels for property located approximately
600 feet east of the intersection of Orchard Way and Marian Avenue on
the north side of Marian Avenue, Chico area (from 9/18/84),
Motion: DENIED APPEAL. ADOPTED NEGATIVE DECLARATION REGARDING ENVIRON-
MENTAL IMPACT FOR ELSIE DEEHAM PARCEL MAP TO CREATE TWO PARCELS
ON AP 39-36-65, NOTING THAT THE PARCEL MAP IS IN CONFORMANCE WITH
THE GENERAL PLAN IN LIGHT OF THE EXISTING DWELLING UNITS AND
NO INCREASE IN DENSITIES AND WITH THE UNDERLYING S-R ZONING.
APPROVED PARCEL MAP ON AP 39-36--65, WITH PUBLIC WORKS CONDITIONS
1 THROUGH 7, ENVIRONMENTAL HEALTH CONDITIONS 8 THROUGH 12, AND
PLANNING DEPARTMENT CONDITION N0. 13.
S M
Vote: l Y 2 N 3 Y 4 Y 5 N (Motion carried)
Page 350
December 4, 1984
84-861 Farris Road - abandonment of road right-of-way for Farris Road,
(2810) AP 22-13-7, extending one mile west from the most westerly corner of
** Farris Road and a parallel right--of-way l/2 mile to the north of the
00 Gridley-Colusa Highway, Gridley. (CONTINUED TO DECEMBER 11, 19$4, AT
11:15 A.M.
84-862 Sierra West Surveying ~ on behalf of Perry McCort, appeals the Advisory
(70) Agency's denial of tentative parcel map (proposed mitigated negative
declaration regarding environmental impact), AP 58-20-65, four parcels,
property lcoated approximately 2000 feet northerly of the intersection
of Miller Peak Road and Pinkston Canyon~Raad, Concow area.
Motion: FOUND THAT THE REQUIREMENTS OF CEQA HAVE BEEN COMPLETED AND
CONSIDERED IN MAKING THIS DECISION; ADOPTED A MITIGATED
NEGATIVE DECLARATION AS PROPOSED BY THE APPLICANT, NOTING
THAT THE DEPARTMENT OF FISH AND GAME HAS NOT SUPPLIED ANY
DATA TO SUBSTAN'T'IATE ITS CLAIM THAT THESE PARCELS AT LESS
THAN FORTY ACRES TN SIZE WILL HAVE A SUBSTANTIAL ENVIRONMENTAL
IMPACT. THE CREATION OF PARCELS OF THIS SIZE TN THE AREA WILL
NOT CAUSE A BARRIER TO DEER MIGRATION. DUE TO THE TOPOGRAPHY
THERE WILL SE A NATURAL LIMITING EFFECT ON THE NUMBER OF PARCELS
TN THE AREA RESULTING IN A LARGE UNDEVELOPED AREA FOR DEER
MIGRATION AND WILDLIFE HABITAT. FOUND THAT THIS AREA IS ZONED
FOR THIS TYPE OF RURAL RESIDENTIAL DEVELOPMENT. THERE ARE PARCELS
OF THIS SIZE AND SMALLER THAT ALREADY EXIST IN THE AREA AND WOULD
BE UNREASONABLE TO DENY THIS PROPER'IrY OWNER THE SAME RIGHTS ENJOYED
BY OTHERS. FOUND THAT THE PROJECT CONFORMS TO THE BUTTE COUNTY
GENERAL PLAN. UPHELD THE APPEAL OF THE ADVISORY AGENCY'S DENIAL
OF A TENTATIVE PARCEL MAP FOR PERRY MCCART, AP 58-20-65, WITH
PUBLIC WORKS CONDITIONS 1 THROUGH 11, ENVIRONMENTAL HEALTH
CONDITIONS 12 THROUGH 14 AND PLANNING DEPARTMENT CONDITION 15.
M S
Vote: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
84-863 Millard C. Sturgeon - appeal of the Planning Commission's revocation of
,(445) Chester M. Sturgeon's use permit to allow an auto wrecking yard on
property zoned M-2 (heavy industrial), property located on the northeast
corner of Ophir Road and Feather River Blvd., identified as AP 26-50-27
and 28, Oroville (f ram ll/6/84). (CONTINUED TO DECEMBER 18, AT 11:15 A.M.)
84-864 NorthStar Engineering - on behalf of Ronald Merlo, appeals the Planning
(701) Commission's denial of a rezone from A-2 (general} to SR-1 (suburban
residential - 1 acre parcels}, and A-20 (agricultural -- 20 acre parcels),
(item on which a negative declaration regarding environmental impact has
been recommended}, AP 40-06-04, property located on the southeast corner
of Midway and Oroville-Chico Highway, south of Chico. (CONTINUED TO
DECEMBER 18, 1984, AT 10:30 A.M.
Page 351
December 4, 1984
$4865 Recognition o£ persons wishing to speak:
(850 )
1. Bob Boyden - presented a report from the Owner-Built Code Committee
and inquired as to the Board's wishes in continuing- the program.
(TO.BE ON THE REGULAR AGENDA OF JANUARX 15, 1985).
2. Glenn Miller - regarding commendations made earlier to officers
involved in marijuana eradication and use of Sheriff's Department
funds.
3. Fran~C Brazen -concerning water problems in the Chico area.
RECESS: 11:32 A.M.
RECONVENE: 11:40 A.M.
84-86b Workshop on lower court system budgetary problems and County Judicial
(1518) Council's report.
~*~
000 Motion: ADOPTED CHIEF ADMINISTRATIVE OFFICER'S RECOMMENDATIONS FROM
THE 11/29/84 REPORT ON LOWER COURTS AS FOLLOWS:
A. REFERRED CALIFORNIA STATE JUDICIAL COUNCIL'S REPORT TO THE
CHIEF ADMINTSTRATTVE OFFICER FOR ANALYSIS OF THE THREE OPTIONS.
CHIEF ADMINISTRATIVE OFFICER REQUESTED TO PRESENT INFORMATION
ON ADDITIONAL ORGANIZATIONAL OPTIONS WHICH SEEM APPROPRIATE.
S. TRANSFERRED $100,000 FROM THE RESERVES TO OROVILLE JUSTICE
COURT PROFESSIONAL AND SPECIALIZED SERVICES ACCOUNT.
TRANSFERRED $50,000 FROM THE RESERVES TO CHICO MUNICIPAL
COURT PROFESSIONAL AND SPECIALIZED SERVICES ACCOUNT.
DIRECTED THE CHIEF ADMINISTRATIVE OFFICER TO PRESENT RECOM-
MENDATIONS ON THE REORGANIZATION OF THE FAMILY CONCILIATION
COURT AND ESTABLISHED AN 18-MONTH REVIEW FERIOD TO REEVALUATE
THE COSTS OF PROVIDING THIS SERVICE.
ADOPTED RESOLUTION 84-189 ADOPTING THE FEE SCHEDULE PROPOSED
FOR THE SUPERIOR COURT FILINGS AND FAMILY CONCILIATION COURT
SERVICES.
REQUESTED THE TREASURER-TAX COLT,ECTOR TO DEVELOP RECOMMENDATIONS
FOR PROCEDURES TO DETERMINE ELIGIBTLTTY' FOR WAIVING OF COURT
FEES AND REPAYMENT OF WAIVED FEES.
DIRECTED THE CHIEF ADMINISTRATIVE OFFICER TO PREPARE A
FEA5TBTLITY STUDY ON THE ESTABLISHMENT OF A PUBLIC DEFENDER
DEPARTMENT. page 352
December 4, 1984
84-866 DIRECTED THE CkiIEF ADMINISTRATIVE OFFICER TO CONSIDER THE
(Cont'd) FEASIBILITY OF CONTRACTING FOR TWO FULLTIME JUSTICE COURT
JUDGES TO BE USED BY THE LOWER COURTS AS A PART OF THAT
OFFICE'S REVIEW OF THE JUDICIAL COUNCIL STUDY.
S M
Vote: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
Regular Agenda
84-867 Appointment to the Oroville Cemetery District Board of Directors.
(73)
Motion: APPOINTED DALLAS BAER.
S t''1
Vote: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
84-868 Additional items to be addressed.
(2ao)
1. Mr. Nichols informed the Board that a letter had been received from
Mr. Camenzind withdrawing his appeal on Southgate Industrial Park, which
had been set for hearing on December 11, at 10:15~a.m.
Motion: ACKNOWLEDGED RECEIPT OF THE LETTER.
S M
Vote; l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
CLOSED SESSION: The Board recessed at 12:27 p.m. for a closed session
on litigation.
RECONVENE: The Board reconvened at 12:45 p.m. (SEE FOLLOWING MINUTE
ORDER.)
84-869 Report on closed session.
(226)
Motion: SETTLED LAWSUIT WITH BAILEY TRUCKING FOR THE COUNTY IN THE AMOUNT
OF $1,000 FOR REPAIR OF NORD-CANA ROAD DAMAGED BY THIS TRUCKING
COMPANY.
M S
Vote: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
Page 353
December 4, 1984
(SUPERVISOR FULTON ABSENT AT THIS TIME.)
84-870 Additional item to be addressed:
(250}
1. Supervisor Wheeler mentioned that Oroville Mercury reporter Al Liddle
would be leaving to accept a position in the Bay Area.
Motion: DIRECTED RESOLUTION BE PREPARED RECOGNIZING HIS EFFORTS AND
ABILITY TO REPORT OBJECTIVELX.
M S
Vote: l Y 2 Y 3 Y 4 Y 5 AB (Motion carried}
ADJOURNMENT: There being nothing further before the Board at this time
the meeting was adjourned until December 11, 1984, at 9:00 a.m.
~T
Chairman, Board of Supervisors
ATTEST:
MARTIN J. NICHOLS
Chief Admini trative Officer and
Cler o£ thef Board of Su ferv' sors
By
Page 354
December 4, 1984