HomeMy WebLinkAboutM013184January 31, 1984
Call to order - Board of Supervisors room, County Administration
Building, 25 County Center Drive, Oroville.
Present: Supervisors Dalan, Fulton, Moseley, Wheeler and Chairman
Saraceni; Martin J. Nichols, chief administrative officer; Del
Siemsen, county counsel; and, Rubye Townsley, deputy clerk.
Pledge of allegiance to the Flag of the United States of America.
Invocation -- Supervisor Moseley
Additional items from Board members to be addressed at the end
of the day. (NONE)
84-89 Items removed from the Consent Agenda for separate consideration:
1. Budget Transfer B-120.
84_gp Consent Agenda
(33)
1. Approval of minutes - January 24, 1984. Action requested:
APPROVE MINUTES.
2. Budget transfers. Action requested: APPROVE BUDGET TRANS-
FERS B-111, B-121, B-122, B-123 and B-124.
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January 31, 19$4
January 31, 1984
84-90 3. Oroville Area Transit grant application - the application for
(Cont'd) $89,040 from Urban Mass Transit Authority Section 18 is for
the purchase of three mini buses to replace those currently
in use in the Oroville Area Transit System as the vehicles
will have over 150,000 miles when replaced. The application
requires a local match of $22,260 to come from Transportation
Development Act funds. Action requested: AUTHORIZE THE
DIRECTOR OF PUBLIC WORKS TO SIGN REQUIRED CERTIFICATIONS,
ASSURANCES, AND CONTRACTS FOR THE GRANT APPLICATION.
(From 1/24/84)
4. Reappointment of Melanie Howell to the Butte County Law
Library Board of Trustees to serve until January 1985.
Action requested: MAKE APPOINTMENT.
5. Appointment of Lee Baughn and Jerry McLaughlin to the Chico
Memorial Hall Committee to serve until January 31, 1985.
Action requested: MAKE APPOINTMENT.
6. Appointment of Robert Stewart and Rocky Burks to the Butte
County Health Planning Council to serve until December 1984;
and also appoint Meridith Buchanan, Ed Black, Virginia
Ramshaw, Joseph DiRuscico, Dean Guyton, and Paul Karlstrom
to serve until December 1986. Action requested: MAKE
APPOINTMENTS.
7. Butte County Health Planning Council - forwards revised
bylaws. Action requested: ADOPT REVISED BYLAWS.
8. Robert B. Heaton, architect - wishes to appeal Planning
Commission denial of a variance to sideyard setback to
allow a dwelling three feet-eight inches from the property
line, located at the end of St. Michael Court, 700 feet
east of Monticello Lane, off Shasta Avenue, Chico. Action
requested: SET PUBLIC HEARING FOR FEBRUARY 28, 1984, AT
10:00 A.M.
9. Deputy Sheriffs' Physical Fitness Program - an agreement
has been reached with the Chico Industrial Medical Clinic
to provide professional medical and testing services
needed to implement the Deputy Sheriff's Physical Fitness
Program at an estimated cost of $13,500 for the remainder
of this fiscal year. Action requested- APPROVE AGREENIENT
AND AUTHORIZE CHAIRMAN TO SIGN;
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January 31, 1984
Januarv 31. 1984
84-90
(Cont'd}
10. North Chico Sanitary Sewer Study - Public Works recommends
.that Rolls, Anderson and Rolls, engineers, be retained
to perform the study at an estimated cost of $10,000
and that a budget transfer from the General Fund be pre-
pared to cover the casts. Funds to be repaid when
district is formed. Action requested: ACCEPT PROPOSAL
AND DIRECT PREPARATION OF A $10,000 TRANSFER FROM THE
GENERAL FUND.
11. Claim -- a claim has been submitted by A. Jahn Mer1o,
on behalf of Richard C. Bishop, in the amount of $500,000
alleging damages as a result of an incident occuring
on or about October 19, 1983. Action requested: REJECT
CLAIM AND REFER TO COUNTY COUNSEL AND RISK MANAGEMENT
COORDINATOR.
12. Property Tax Exchange Agreement - Conover Annexation -
the Thermalito Irrigation District has authorized the
President of their Board to sign an agreement for the
district eliminating any claim on property tax generated
within the annexation area. Action requested: ADOPT ....
RESOLUTION 84-15.APPROVING AGREEMENT AND AUTHORIZE THE
CHAIRMAN TO SIGN.
13. Property tax exchange agreement - The Orchards Annexation.
The North Burbank Public Utilities District has authorized
the President of their Board to sign an agreement for the
District eliminating any claim on property tax generated
with the annexation area. Action requested: ADOPT RESOLU-
TION $4-16 APPROVING AGREEMENT AND AUTHORIZE THE CHAIRMAN
TO SIGN.
14. Butte County Board of Supervisors - proposed negative
declaration regarding environmental impact and Cade
amendment - A-2 to be limiting residential densities
in the district to those density ranges specified in the
Butte County General Plan - Countywide. Action requested:
SET PUBLIC HEARING FOR FEBRUARY 14, 1984, AT 10:45 A.M.
15. Butte County Planning Commission - proposed negative
declaration regarding environmental impact and Code amend-
ment - revision of PA-C (planned area cluster) zone to
PUD (planned unit development}. Action requested: SET
PUBLIC HEARING FOR FEBRUARY 28, 1984, AT 10:15 A.M.
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January 31, 1984
January 31, 1984
84-90
(Cont'd)
16. Kenneth Dugan - rezone (item determined to be categori-
cally exempt from environmental review) from AR-5 (agri-
cultural residential - 5 acre parcels) to AR-MH-S (agri-
cultural residential - mobile home - 5 acre parcels)
located an the west side of State Highway 32, approxi-
mately 600 feet north of Forest Ranch Raad, identified
as AP 63-18-07, No. of Forest Ranch. .Pctian requested : SET
PUBLIC HEARING FOR FEBRUARY 28, 1984, AT 10:45 A.M.
17. Legal services for LAFCo - the Butte County Local Agency
Formation Commission has expended available resources
far legal support. Action requested: AUTHORIZE A TRANS-
FER FROM THE RESERVE TO LAFCo IN THE AMOUNT OF $500 TO BE
UTILIZED FOR PROFESSIONAL SERVICES.
18. Trinity County - contract to provide acute psychiatric
inpatient care to clients referred by Trinity County for
the period of July 1, 1983, through June 30, 1984, for an
amount not to exceed $4,500. Action requested: APPROVE
CONTRACT AND AUTHORIZE CHAIRMAN TO SIGN.
19. Salary Ordinance Amendment - this salary ordinance reclassi-
fies several positions which have been under review by
the Personnel Department. Action requested: WAIVE THE
FIRST READING OF THE ORDINANCE.
19(a). Work Training Center - contract to provide counseling
rehabilitation services to clients of the Butte County
Mental Health Services for the period of October 1, 1983,
through June 30, 1984, in an amount not to exceed $135,000.
Funds have been budgeted. Action requested: APPROVE
CONTRACT AND AUTHORIZE CHAIRMAN TO SIGN.
20. a. Archie and Ruth Paterson, Chico - request clarification
on variance provided Gerald Lugenbeel, Jr. - AP 39-18-31
for a home occupation structure existing within a sideyard
setback in an A-10 zone. Action requested: REFER TO
PLANNING DIRECTOR FOR A REPORT BACK TO THE BOARD.
b. Butte County Economic Development corporation, Jay
Lyman, president, writes to advise that the Corporation
will provide staff support for reviving tine Overall Economic
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January 31, 1984
January 31, 1984
84-g0 Development Program Committee and will be submitting
(Cont'd) nominees for appointment by the Board of Supervisors.
Action requested: ACCEPT FOR INFORMATION AND REFER TO
CHTEF ADMINISTRATIVE OFFICER.
c. California Medical Association - Robert Burnett, M.D.,
president, forwards information about toxic chemicals and
urges the Board to adopt ordinances and provide public
education to protect environment and public health.
Action requested: REFER TO PUBLIC HEALTH OFFICER, CIVIL
DISASTER COORDINATOR, AND AGRICULTURAL COMMISSIONER.
d. League of Women Voters of Butte County - Kay Matzdorff,
president, forwards the League's Land Use Position Statement.
Action requested: ACCEPT FOR INFORMATION AND REFER TO
PLANNING COMMISSION.
e. Preston K. Minto, Chico - writes in opposition to
sewer ponds for the Ravenwood Development. Action requested:
ACCEPT FOR INFORMATION.
f. Department of General Services - State of California
forwards a negative declaration on a proposed 120 bed
conservation camp approximately 18 miles northeast of the
City of Oroville on Feather Falls Road. Action requested.:
REFER TO THE SHERIFF AND COUNTv FIRE WARDEN.
g. Governor George Deukmejian - forwards information on
the Governor's proposal for local governments as contained
in the 1984-85 Governor's budget. Action requested:
ACCEPT FOR INFORMATION AND REFER TO THE CHIEF ADMINISTRATIVE
OFFICER.
MOTION: APPROVE CONSENT AGENDA
M S
VOTE: 1° 2 V 3 Y 4 V 5 V (Unanimously carried)
84-91 Budget transfer -- 8-120
(59}
MOTION: APPROVE BUDGET TRANSFER B-120.
S M
VOTE: 1 N 2 V 3 ~' 4 N 5 ~' (Motion failed)
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January 31, 1984
January 31, 1984
Regular Agenda
84-92 Status report concerning activities of the Butte County Economic
(90) Development Corporation. (REPORT GIVEN B'~' DAVE SCHMIDT. HE
REQUESTED A SUBCOMMITTEE OF THE BOARD OF SUPERVISORS INCLUDING
CHIEF ADMINISTRATIVE OFFICER AND COUNTY COUNSEL BE FORMED TO
WORK WITH THE CORPORATION'S BOARD OF DIRECTORS TO DETERMINE
POLICY POSITION, TO DEVELOP FINANCING.BUDGETAR`_'ALTERNATIVES,
TO PREPARE A DETAILED BUDGET PROJECTION, TO LOOK AT THE FISCAL
MANAGEMENT AND OVERSIGHT S`_'STEM OF THE CORPORATION, AND THE
SUGGESTED TIME FRAME IS APPROXIMATEL`_' THREE TO FOUR WEEKS.)
MOTION: APPROVE PROPOSAL AND APPOINT SUPERVISORS WHEELER AND
SARACENI TO THE SUBCOMMITTEE.
S M
VOTE: l V 2 Y 3 V 4 ~' S y {Unanimously carried)
84-93 Closed hearing - Midway Orchards - withdrawal from California
(403} Land Conservation Act (item on which a draft environmental
impact report has been prepared) for 110 acres located on the
east side of Midway at its intersection with Mary Bi11 Ranch
Road, between Entler Avenue and Oroville-Chico Highway, south
of Chico, identified as AP 40-02--116. (From 1/24/84}
MOTION: ASSESSOR CERTIFIES CANCELLATION ~'EE OF $39,359 TO THE
BOARD.; THE BOARD CERTIFIES CANCELLATION FEE OF $39,359
TO THE COUNT' AUDITOR.
M S
VOTE: ~. y 2 N 3 v 4 V 5 N (Nation carried)
84-94 Discussion of findings pursuant to Government Code 165971 and
(538) X65982 regarding development fees for Chico schools. (From
1/10/84)
MOt1'ION: ASK THE SCHOOL BOARD IF THEY WOULD AGREE TO A COMMITTEE
TO DRAFT A MEASURE FOR THE NOVEMBER BALLOT; MAKEUP
OF COMMITTEE, TO WORK WITH OUR COUNT? COUNSEL AND THEIR
LEGAL COUNSEL IN FORMULATING THE LANGUAGE, AS FOLLOWS:
BOB JEFFRIES, JANE KING, MAR°TA FUQUA, KAREN VERCRUSE,
JERE BOLSTER, DAVID JONES AND PAT FURR.
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January 31, 1984
January 31, 1984
M S
84-94 VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
(Cont'd)
84-95 Consideration of Economic Development Set-Aside portion of the
(1616) 1984-85 Community Development Block Grant Program.
MOTION: SET PUBLIC HEARING FOR FEBRUARY 14, 1984, AT 1:30 P.M.
FOR ECONOMIC DEVELOPMENT SET-ASIDE PROGRAM TO CONSIDER
APPLICATION UP TO $300,000. SET PUBLIC HEARING FOR
FEBRUARY' 28, 1984, AT 1:30 P.M. FOR CONSIDERATION OF
APPLICATTONS FOR THE REMAINING MONEY UNDER THE BLOCK
GRANT PROGRAM AS WELL AS THE JOBS BILL.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
84-96 Consideration of Russ Croninger request for clarification of
the Bidwell Heights Specific Plan. (From 1/17/84)
Continued closed hearing - Thomas R. Vickers - appeal of a
denied variance (item determined to be categorically exempt
from environmental review) to sideyard setback to allow a car-.
port one foot from the property line on property zoned A-2
(general) located on the east side of Arbutus Avenue, approxi-
mately 150 feet north of 7th Avenue, identified as AP 45-042-
13, Chico. (From 1/24/84)
Policy statement regarding urban limits in Chico. (Supervisor
Wheeler - from 1/24/84)
(SUPERVISOR WHEELER REQUESTED THAT THESE THREE ITEMS BE CON-
TINUED TO FEBRUARY 28, 1984.)
Public Hearings and Timed Items
84-97 Public hearing - Dennis Durkin - proposed negative declaration
{2230 regarding environmental review and denied rezone from A-SR
(agricultural suburban residential) to R-3 (medium density
residential) located approximately 350 feet southwest of State
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January 31, 1954
January 3I, I984
84-97 Highway 32, approximately 3/8 mile northwest of W. Sacramento
(Cont'd) Avenue, identified as AP 43-29-108 and 109, Chico.
MOTION: CONCUR. WITH PLANNING COMMISSION AND DENS REZONE.
M S
VOTE: 1 N 2 V 3 N 4 N 5° (Motion failed)
MOTION: FIND THAT THE REQUIREMENTS OF CEQA HAVE BEEN COMPLETED
AND CONSIDERED IN MAKING THIS DECISION AND ADOPT A
NEGATIVE DECLARATION; AND, FIND THAT THE PROJECT MEETS
THE REQUIREMENTS OF BUTTE COUNTY CODE SECTIONS 24-33,
24-35 AND 24-141 AND THE PROPOSED REZONE MEETS THE
REQUIREMENTS OF THE BUTTE COUNTv GENERAL PLAN LAND
USE ELEMENT; AND, ADOPT ORDINANCE 2389 REZONING
AP 43-29-10$ AND 109 FROM A-SR TO R-3 (DENNIS DURKIN).
M
VOTE: 1 ~' 2 N 3 V
RECESS: 10:25 A.M.
S
4 y 5 N (Motion carried)
RECONVENE: 10:45 A.M.
Regular Agenda
84-98 Discussion of agricultural nuisance statement. (Supervisor
(2647) Dolan) (From 1/24/84) (REFERRED TO THE AGRICULTURAL ADVISORv
COMMISSION FOR RECOMMENDATLONS REGARDING (1) POSSIBLE CHANGE IN
THE TIME THE STATEMENT I5 SIGNED, AND, (2) SPECIFIC ZONES, RATHER
THAN COUNTY-WIDE.)
84-99 Repozt by Supervisor Wheeler concerning CSAC meeting held
~~2893) January 20, 1984. (From 1./24/84) (SUPERVISOR WHEELER ASKED
THAT THIS BE CONTINUED UNTIL AFTERNOON AT THE TIME OF THE
FISCAL FORECAST.)
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January 31, 1984
January 31, 1984
84-100 Consideration of Drake/Isom (Canyon Park Estates) as a matter
(2927) to be referred to the Planning Commission. (Supervisor Wheeler)
(REFERRED TO THE PLANNING COMMISSION FOR HEARINGS PROCESS DUE
TO CHANGES IN CEQA)
84-101 Chief Administrative Officer report concerning annexations by
(3026) the City of Chico.
MOTION: REAFFIRM OUR POSITION THAT OUR PROPERTY TAX EXCHANGE
AGREEMENT INVOLVES MORE THAN PROPERTY TAXES.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
84-102 Paradise Area Task Force on Wastewater Management. {Supervisor
(3097) Fulton)
** MOTION: ADAPT RESOLUTION 84-17 ESTABLISHING THE PARADISE AREA
00 TASK FORCE ON WASTEWATER MANAGEMENT AND APPOINT LYNN
VANHA RT, JON LANDER, CURT CAMPTON, PHIL KELL`? AND
MATT MATSON TO SERVE UNTIL DECEMBER 31, 1984.
S M
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
84-103 City of Oroville's policy and procedure for acquisition of
(6$) avigation easements. (REFERRED TO AIRPORT LAND USE COMMISSION
FOR POSSIBLE. HEARINGS AND REPORT BACK TO THE BOARD.)
RECESS: 10:58 A.M.
RECONVENE: 11:06 A.M.
(SUPERVISOR FULTON ABSENT AT THIS TIME.)
84-104 Clarification of action regarding development fees for Chico
(115) schools - Minute Order 84-94)
(ACTION POSTPONED UNTIL SUPERVISOR FULTON IS PRESENT.)
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January 31, 1984
January 31, 1984
Public Hearings and Timed Items
84-105 Recognition of persons wishing to speak:
(141)
(SUPERVISOR FULTON PRESENT AT THIS TIME.)
1. Russ Croninger - suggesting Board form policy re public
input at closed hearings. (REFERRED TO STAFF TO FORMULATE
POLICY FOR BOARD APPROVAL.)
2. Russ Croninger - requesting a time certain for his request
for clarification - agenda item 4.05:
Consideration of Russ Croninger request for clarification
of the Bidwell Heights Specific Plan. (ITEM RESCHEDULED FOR
FEBRUARY 14, 1984, AT 11:15 A.M.)
3. Louis Camenzind, Jr. - regarding Pacific Legal Foundation
Seminar and a request that material be duplicated and
distributed to Board and Planning Commission members, and
discussion of a newspaper article re bus tour of ag area by
Supervisor Dolan.:
4. Nick Tzugaris - petition re improving Crouch Ditch flooding
problem. (SUPERVISOR DOLAN RESPONDED THAT STEPS WERE BEING
TAKEN: (1) ACTION TO ACQUIRE OWNERSHIP. (2) INTERGOVERNMENTAL
RELATIONS COMMITTEE DIRECTED CITY AND COUNTY PUBLIC WORKS
DEPARTMENTS TO WORK ON THE PROBLEM. SHE REQUESTS A REPORT
FROM THE DEPARTMENTS ON WHAT IS BEING DONE AT THE NEXT
INTERGOVERNMENTAL RELATIONS COMMITTEE MEETING.)
5. Frank Brazzell - requesting Board to make written comments
on ways to create better government.to Butte County Citizens
for Better Government.
6. Lloyd Heidinger - requesting to be known before the Board
as "Mr. Hostage", comments regarding greenline, and comments
regarding newspaper article on bus tour.
7. Herb Heidinger - opposing city representation on county
planning commission.
Page 4~0
January 31, 1984
January 31, 1984
Regular Agenda
84-106 Discussion of findings pursuant to Government Code X65971 and
(110.4) X65982 regarding development fees for Chico schools. (CLARIFICA-
_..._ ._
TION OF EARLIER ACTION.)
MOTION: DEN~_' DEVELOPER FEE AS PROPOSED B~_' THE CHICO UNIFIED
SCHOOL DISTRICT.
M S
VOTE: l Y 2 N 3 V 4 V 5 (Motion carried)
Public Hearings and Timed Items
CLOSED SESSION: The Board recessed at 11:42 a.m. for a General
Assistance Fair Hearing - Case #04-90--10640.
RECONVENE: The Board reconvened at 1:35 p.m. fallowing a closed
session for a Fair Hearing and for a lunch break.
(NO ANNOUNCEMNTS.)
yi
84-107 Oroville Area Land Use Plan - Amendment to the Butte Caunty
(1162) General Plan and rezone (draft supplemental environmental
*** impact report and an EIR prepared to the City of Oroville's
000 General Plan on which the supplement is based). (HEARING CLOSED
AND CONTINUED TO FEBRUAR'~ 7, 1984, AT 1:30 P,M.)
84-108 Chief Administrative Officer's presentation of the economic
(505) and fiscal forecast for budgeting fiscal year ].984-85.
MOTION: ACCEPT REPORT ON BUDGET FORECAST AND BUDGET STATUS.
S M
VOTE: 1 `~ 2 V 3 '~ 4 Y 5 `~ (Unanimously carried)
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January 31, 1984
January 31, 1984
84-108
(Cont'd) MOTION:
VOTE:
ADOPT PROPOSED BUDGET PROCESS.
M S
l Y 2 3 4 V 5 v
(CONSIDERATION OF. ESTABLISHING BOARD OF SUPERVISORS 1984-85
BUDGET COMMITTEE TO BE PLACED ON REGULAR AGENDA FOR
FEBRUAR~' 7, 1984.)
(SUPERVISOR MOSELEY AND SUPERVISOR WHEELER ABSENT AT THIS TIME)
CLOSED SESSION: The Board recessed at 3:05 p.m. for a closed
session on Litigation.
RECONVENE: The Board reconvened at 3:14 p.m following a closed
session on litigation. (NO ANNOUNCEMENTS)
ADJOURNMENT: There being nothing further before the Board at
this time the meeting was adjourned at 3:15 p.m.
Cam- ~/_~C~'~-
Chairman, Board of Supervisors
ATTEST:
MARTIN J. NICHOLS
Chief Administrative Officer and
Clerk of the B and o~f Supervisors
-Deputy ~ \ ""-
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January 31, 1984