HomeMy WebLinkAboutM121184December 11, 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.
Invocation - Supervisor Moseley.
84-871 Additional items to be addressed at the end of the day:
(20)
1. Supervisor Wheeler wanted to discuss a matter involving General
Plan and land use language with Mrs., Kircher, planning director.
2. Supervisor Wheeler wanted to talk about a drainage issue on
West 8th Avenue.
84-$72 Items removed from
(59)
1. Communications
Butte Regional
of speed limit
to Bruce Road
the Consent Agenda far separate discussion:
Ttem (b): Legal Services of Northern California,
Office - the organization writes regarding reduction
on State Route 32, from State Highway 99 intersection
intersection.
84-873 Consent Agenda
(66)
1. Approval of minutes. APPROVED MINUTES Off' NOVEMBER 27, 1984, AND
DECEMBER 4, 1984
Page 355
December 11, 1984
84-873 2. Budget transfers. APPROVED BUDGET TRANSFERS B-93 AND B-94.
{Cont'd)
3. Resolution of appreciation - Michael G. Schrader. ADOPTED
RESOLUTION 84-190 AND AUTHORIZED THE CHAIRMAN TO SIGN.
4. Resolution of appreciation - Otto Behunin. ADOPTED RESOLUTION
84-191 AND AUTHORIZED THE CHAIRMAN TO SIGN.
5. Resolution of recognition - Al Liddle. ADOPTED RESOLUTION 84-192
AND AUTHORIZED THE CHAIRMAN TO SIGN.
6. Appointment to Oroville Memorial Hall Committee. APPOINTED
ROY VANCE, DELEGATE, AND CHARLES ROBERTSON, ALTERNATE, REPRESENTING
AMERICAN LEGION.
7. Appointment to Butte County Mosquito Abatement District. APPOINTED
RAY NORBY, DISTRTCT 2, AND TOM EDGAR, DISTRICT 3, TO SERVE UNTIL
JANUARY 1, 19$9.
8. Appointment to Gridley Memorial Hall Committee, APPOINTED
TIM TOKUNO, VFW DELEGATE, AND SAM Mc KAY, AI.,TERNATE, TO SERVE
UNTIL DECEMBER 31, 1985.
9. Ordinance repealing Section 13-111 of the Butte County Code relative
to mining committee. WAIVED THE FIRST READING OF THE ORDINANCE.
Z0. Solid Waste Advisory Committee and Infrastructure Advisory Committee.
AUTHORIZED FORMATION OF COMMITTEES IN ACCORDANCE WITH.RECOMMENDATIONS
OF CHIEF ADMINISTRATIVE OFFTCER.AND CHICO CITY MANAGER.
11. Martin Luther King's birthday. DESIGNATED MONDAY, JANUARY 21, 1985,
AS MARTIN LUTHER KING'S BIRTHDAY TO COINCIDE WITH THE MEMORANDUMS
OF UNDERSTANDING WITH THE LABOR ORGANIZATIONS AND APPROVED
DESIGNATION OF HOLIDAY,
12. Penalty abatement requests - change of ownership reports. APPROVED
THE FOLLOWING REQUESTS A5 RECOMMENDED BY CHIEF ADMINISTRATIVE
OFFICER: MR. & MRS. LOWELL PIERCE, AP 008-69-0-004-0, 008-69-0-
001-0; 008-69-0-009--0; 008-69-0-012-0, 013-O;.MR. & MRS.aTHHRMAN COY,
AP 050-O1-1-002-0; MR. & MRS. ROBERT L. TOLETTE, AP 046--11--3-015-0;
ARMANDO T. CUEVAS, AP 028-24-0-018-0; DENNIS R. BURROW, AP 043-13-
2-050-0; DRAKE HOMES (DOUGLAS EDGAR & JULIE M. MOREY}, AP 048-41-0-
032-0; GENEVA. COLE, AP 010-03-4-009-0; LINNEA M. JEFFRIES, AP 048-
36-0-017-0; ROBERT D. KIDD, AP 038-08-0-006-0, 032-0, 039-25-0-
034-0; PAUL CAVAGNARO, AP 003-07--2-010-0; MR. & MRS. MICHAEL J.
WATROBA, AP 054-17-1081-0; MR. & MRS. HENRY E. KUBANT, AP 065-33-0
015-0; MICHAEL L. RUTLEDGE, AP 051-09--4-004-0. DENTED THE FOLLOWING
REQUESTS: MR. & MRS. LOWELL PIERCE, AP 008-69--0-002-0, 003-0;
MR.. & MRS... LEONARD W. NELSON, SR., AP 066-24-0-050-0.
Page 356
December 11, 1984
84-873 13. Acceptance of donations and .authorize purchase of fixed assets -
(Cant'd} donations in the amount of $I,OOO~each have been received from
the City of Oroville, Chico Exchange Club, and Thermalito Volunteer
Fire Company for the use toward the purchase of a mobile air
compressor for use at the .scene of emergencies to refill air bottles,
Also requested, is to forego the purchase of a mini-radio console
and substitute the following equipment: personal computer,
$2,000; 2 power protection units to maintain power to personal
computers during power fluctuations, $950; modem to interconnect
computers, $350; and mobile air compressor to refill air bottles,
$6,000. ACCEPTED DONATIONS AND AUTHORIZED ACQUISITION OF SUB-
STITUTE FIXED ASSET ITEMS.
14. Acceptance of trained police canine - Deputy John Muldown is gifting
"Buck" as a gift to the Sheriff's Department with the condition
that he be returned if and when the. animal becomes unfit for service
or the deputy leaves the department. ACCEPTED DONATION PURSUANT
Ta cONDITIOrrs,
15. Isaac Ehrlich, attorney at law - on behalf of Anna Rita Neuman,
files claim in the total amount of $3,000,000 as a result of alleged
injuries and damages sustained an ar about August 26, 1984, at the
intersection of Oro Dam Boulevard (SR--162) and Larkin Road. DENIED
CLAIM AND REFERRED TO COUNTY COUNSEL AND RISX MANAGEMENT COORDINATOR,
16. Isaac Ehrlich, attorney at law - on behalf ~ William Neuman, files
a claim in the total amount of $1,000,000 as a result of injuries
and damages sustained on or about. August 26, 1984, at the intersection
of Oro Dam Boulevard (SR-162} and Larkin Road. DENIED CLAIM AND
REFERRED TO COUNTY COUNSEL AND RISI4 MANAGEMENT COORDINATOR.
17. Resolution approving conditional zoning agreement for Ed Hunsaid
as approved by the Board of Supervisors on November 27, 1984.
ADOPTED RESOLUTION 84-193 AND AUTHORIZED THE CHAIRMAN TO SIGN.
18. Notice of .completion - Midway Bridge at Ash Creek, Project No.
BRRS-Y761(3) - all work on the subject project has been completed
in accordance with the plans and specifications. ACCEPTED PROJECT
AND AUTHORIZED FILING OF NOTICE OF COMPLETION.
19. Acquisition of drainage easement - Highway 99 Freeway, Chico -
recent reviews reveal that the county did not pay for the subject
drainage easement acquired in 1961 as part of an agreement with the
State of California. The agreement covers county reimbursement
of state costs in acquiring right-of-way for the easement. APPROVED
PROPOSAL BY DIRECT SALE TO COUNTY, AUTHORIZED THE CHAIRMAN TO SIGN
AND DIRECTED AUDITOR TO ISSUE WARRANT. IN THE AMOUN'T' OF $950 TO
CALTRANS.
Page 357
December 11, 1984
84-873 20. Communications.
(Cont'd)
a. Greater Chico Chamber of Commerce writes informing of the
chamber's reaffirmation supporting the Greenline. ACCEPTED FOR
INFORMATION.
Motion: APPROVED CONSE[~T AGENDA.
S M
Vote: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
Regular Agenda
84-874 Cammunications: Legal Services of Northern California, Butte Regional
(72) Office - the organization writes regarding reduction of speed limit
on State Route 32, from State Highway 99 intersection to Bruce Road
intersection.
Motion: ACCEPTED FOR INFORMATION ONLY.
M S
Vote: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
84-875 Additional items from Board members;
(105)
1. Chairman Saraceni requested the adoption of a resolution of appre-
ciation for Leo Mclnturf on the occasion of his retirement from the
Highway Patrol , to be p r e s e n t e d by Supervisor-elect Hack Mclnturf .
Motion: ADOPTED RESOLUTION 84-194 AND AUTHORIZED THE CHAIRMAN TO SIGN,
Vate: 1 2 3 4 5
2. Mr. Nichols announced that the appeal had been withdrawn on the
10:15 hearing on Southgate Industrial Park Unit 2.
3. Supervisor Moseley welcomed the Civics Class from Biggs High School
and their instructor Sob Mortell.
Page X358
December 11, 1984
Regular Agexida
84-876 Report from Chief Administrative Officer, Board of Supervisors Health
(207) Committee and Director of Health Services on the organization of the
Health Services Agency.
Motion: ADOPTED RECOMMENDATZONS.OF CHIEF ADMINISTRATIVE OFFICER IN
LETTER TO BOARD DATED DECEMBER 7, 1984, WAIVING FIRST READING
OF ORDINANCE TO ESTABLISH POSITION OF COUNTY PUBLIC HEALTH
OFFICER AND WAIVING FIRST. READING OF ORDINANCE TO ESTABLISH
POSITIONS OF MENTAL HEALTH DIRECTOR AND PROGRAM CHIEF.
S M
Vote: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried}
84--877 Additional items:
1. Chairman Saraceni noted. that Sheriff Brooks was present and would
like to introduce "Buck." Sheriff Brooks presented a report on the
canine program.
Motion: REAFFIRMED EARLIER ACTION TO ACCEPT DONATION OF THE TRAINED
POLICE CANINE PURSUANT TO CONDITIONS.
M S
Vote: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
Regular Agenda
84-878 Butte County Minimum Security/Work Furlough Facility - a contract has
(398) been prepared with the State Board o~ Corrections in the amount of
$1,873,613 ($1,000,000, state, and $873,613, county} for construction
of facility in accordance with the County Jail Capital Construction
Fund Grant.
Motion: APPROVED CONTRACT, ADOPTED RESOLUTION 84-195 DESIGNATING PROJECT
DIRECTOR AND FINANCIAL OFFICER AND AGREEING TO APPROPRIATE
MATCHING FUNDS, AND AUTHORIZED THE CHAIRMAN TO SIGN.
S M
Vote: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
CLOSED SESSION: fihe Board recessed at 9:32 a.m. for a closed session
on litigation.
RECONVENE: The Board reconvened at 10:27 a.m. (NO ANNOUNCEMENTS.}
Page 359
December 11, 1984
Public Hearings"and-Timed _Items
84-879 Continued hearing - RFC Surveyors - on behalf of Frank Brazell, appeal
(811) the Advisory Agency's dental of appeal of the requirement for an environ-
mental impact report on tentative parcel map, AP 44-78--05, dividing 1.96
acres into four parcels, property located on the north side of Lassen
Avenue approximately 2100 feet west. of Esplanade, Chico area (from 11/13/84).
(CONTINUED CLOSED TO DECEMBER 18, 1984.)
84-880 Louis C. Camenzind, Jr. - appeals the Advisory Agency's approval of
(3052) Southgate Industrial Park Unit 2, tentative subdivision map (draft
environmental impact report regarding environmental impact), AP 40-40--26
and 44 (portion), 24 lots, property located 1,000 feet southwest a~
Highway 99 on the northwest side of Southgate Avenue. (HEARING WAS NOT
HELD. APPEAL HAD SEEN WITHDRAWN BY APPLICANT.)
84-881 Nicholas Monte - appeal of the Advisory Agency's Condition 18 (proof of
** water requirement) on the Parham Subdivision, AP 27-18-16, 31 parcels,
'00 property located 1,300 feet east of the southerly end of Greir Avenue,
Palermo area. (CONTINUED OPEN TO DECEMBER 18, 1984, AT 10:15 A.M.)
84-882 Barnhart--Brown & Associates - on behalf of Bill Warshawer, appeal the
(301) Advisory Agency's denial of tentative parcel map (proposed mitigated
negative declaration regarding environmental impact), AP 71-08-20
(portion), four parcels, property located on the west side of Ora-Quincy
Highway 3,200 feet south of its intersection .with Foreman Greek Road,
Berry Creek 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
SUBSTANTIATE ITS CLAIM THAT THESE PARCELS AT LESS THAN 40 ACRES
WILL HAVE A SUBSTANTIAL ENVIRONMENTAL IMPACT. THE CREATION OF
PARCELS OF THIS SIZE IN THE AREA WILL NOT CAUSE A BARRIER TO
DEER MIGRATION. DUE TO THE TOPOGRAPHY THERE WILL BE A NATURAL
LIMITING EFFECT ON THE NUMBER OF PARCELS IN THE AREA RESULTING
IN LARGE UNDEVELOPED AREAS 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 TkiIS PROPERTY OWNER THE SAME RIGHTS ENJOYED BY OTHERS.
FOUND 'T'HAT THE PROJECT CONFORMS TO THE BUTTE COUNTY GENERAL PLAN.
UPHELD THE APPEAL OF THE ADVISORY AGENCY'S DENIAL OF A TENTATIVE
PARCEL MAP FOR BILL WARSHAWER, AP 71-08-20 (PORTION), WITH
PUBLIC WORKS CONDITIONS 1 THROUGH 8 ANA ENVIRONMENTAL HEALTH
CONDITIONS 10 THROUGH 12.
M S
Vote: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
Page 360
December 11, 1984
84--883 Farris Road - abandonment of road r.ight~of-way for Farris Road,
(670) 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 north of the Gridley-
Colusa Highway, Gridley (from 12/4/84), (CONTINUED TO DECEMBER 18, 19$4,
AT 11:30 A.M.)
84-g84 Recognition of persons wishing to speak:
(1071)
1. Bill Geddis - regarding penalty fees for LCA withdrawal for
Ann Casey Ranch.
2. O.C. Milo Engdol - regarding penalty fees for LCA withdrawal for
Ann Casey Ranch. (REPORT FROM COUNTY COUNSEL AND ASSESSOR REQUESTED
FOR DECEMBER 18, 1984, AGENDA ON HOW FEES WERE CALCULATED.)
3. Norma Smith - reporting filing of petition for recall of Sheriff.
4. Sill Cattingham - requesting time extension for cancellation of
Land Conservation Act Agreements Midway Orchards.
Motion: APPROVED TIME EXTENSION FOR THE TENTATIVE CANCELLATION UNTIL
SIXTY DAYS FOLLOWING FINAL JUDGMENT, INCLUDING APPEALS, IN
LITIGATION FILED BY CITY OF CHTCO OR SIXTY DAYS AFTER FINAL
CERTIFICATION OF RESULTS IN REFERENDUM ELECTION AND A FINAL
JUDGMENT, INCLUDING APPEALS, IN ANY .LITIGATION CHALLENGING
SUCH RESULTS, WHICHEVER COMES LATER.
M S
Vote: l Y 2 Y 3 Y 4 Y 5 N (Motion carried)
5. Glenn Miller - concerning lawsuits and county spending.
6. Nell Lind - requesting the Board put the matter of Supervisors'
pay increase on the ballot. (NO ACTION TAREN.)
7. Frank Brazell -- regarding development fees far schools.
84-885 Additional items to be addressed:
(1893}
i. Supervisor Wheeler requested a return of drainage fees for a property
owner on corner of West 8th and Esplanade whose building permit
was never culminated.
Motion: APPROVED REFUND.
M S
Vote: l Y 2 Y 3 Y 4 X 5 Y (Unanimously carried)
Page 361
December 11, 19$4
84-885 2. Supervisor Wheeler reported on CSAC Executive Committee meeting and
(Cont'd) proposals concerning gas tax increase.
3. Supervisor Moseley reported she would be unable to attend the meeting of
of the Sacramento Valley Air Basin Control Council on Friday.
Motion: DESIGNATED AGRICULTURAL COMMISSIONER AS PROXY.
S M
Vote: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
4. Supervisor Wheeler requested a report on the concerns of Cliff Johnson
regarding five acre minimums in area where he proposes a fish farm.
(PLANNING DIRECTOR RESPONDED TO QUESTIONS ANA WILL CONTACT
MR. JOHNSON.)
5. Supervisor Wheeler requested staff to notify new supervisors of
Employee Relations Institute, January 23 and 24, 1985.
6. Supervisor Wheeler announced that CSAC Executive Committee will be
meeting the last Friday of each month.
CLOSED SESSION: The Board recessed at 12:45 p.m..~for a closed session
on litigation.
RECONVENE: The Berard reconvened at 1:15 p.m. following a closed session.
(NO ANNOUNCEMENTS MADE.)
ADJOURNMENT: There being nothing further before the Board at this time,
the meeting was adjourned at 1:I7 p.m.
a
.:~i,.[~
Chairman, Board of Supervisors
AT`T'EST:
MARTIN J. NICHOLS
Chief Administrative Officer and
Cler[c of th Board of Supe visors
By:
Page 352
December 11, 1984