HomeMy WebLinkAboutM021285February 12, 1985
Call to order - Board of Supervisors Room, County Administration
Building, 25 County Center Drive, Oroville.
Present: Supervisors Dolan, McInturf, McLaughlin, Wheeler and
Chairman Fulton; 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.
85-93 Additional items from Board members to be discussed at the end of .
the day:
1. Supervisor Dolan reported a problem with Dead Horse Slough.
2. Supervisor Dolan asked support for CDBG application for a grant.
3. Supervisor Wheeler wanted to discuss the Northern California
Supervisors Meeting.
4. Supervisor Wheeler requested a discussion of boundary line modification
for Dr. Mangus.
5. Chairman Fulton wanted to talk about PGandE underground wires.
85-94 Items removed from the Consent Agenda for Board discussion and action:
1. Grants to public libraries far the development of collections
about literacy.
2. Capital facilities master plan.
3. Minimum Security Work Furlough Facility.
4. Jail litigation contract.
Page 426
February 12, 1985
85-94 5. Department of the Army, Corps of Engineers - forwards Final Supplement II
(Cont'd) to Environmental Impact Statement, Sacramento River Bank Protection
Project.
6. State Fire Marshal - submits jail fire safety inspection report for
the Gridley Justice Court.
7. Chico Unified School District - writes to request reconsideration
of Frank Brazell's appeal regarding requirement for an environmental
impact report.
85-95 Consent Agenda
(99)
1. Approval of minutes. APPROVED MINUTES OF JANUARY 29, 31, AND
FEBRUARY 5, 1985.
2. Budget transfers. APPROVED BUDGET TRANSFERS 8-138 AND B-141.
3. Ordinance amending Section 20--65 of the Butte County Code providing
for delegation to Clerk of the Board of Supervisors the setting of
public hearing dates. WAIVED SECOND READING AND ADOPTED
ORDINANCE 2457.
4. Appointments to the E1 Medio CDBG Program Loan Committee. APPOINTED
SUPERVISORS McINTURF (CHAIRMAN) AND McLAUGHLIN ANA AUTHORIZED COMMITTEE
TO APPROVE LOANS IN THE EL MEDIO TARGET AREA.
5. Resolution authorizing Tax Collector to sell at public auction tax
defaulted property. ADOPTED RESOLUTION 85-12 AND AUTHORIZED THE
CHAIRMAN TO SIGN.
5. Agreement with Bidwell Wildlife Rehabilitation Center to provide
services far injured birds and animals in an amount not to exceed
$1500 for fiscal year 1984-85. APPROVED AGREEMENT AND AUTHORIZED
THE CHAIRMAN TO SIGN.
7. Schedule A Cooperative Agreement between California Department of
Forestry and County of Butte for fire protection services for fiscal
year 1984-85 in an amount not to exceed $2,345,572. APPROVED
AGREEMENT AND AUTHORIZED THE CHAIRMAN TO SIGN.
8. The Local Agency Formation Commission has approved the formation of
County Service Area #90, Southgate Acres Subdivision (storm drainage
and fire hydrants) and County Service Area #93, Pleasant Oaks Sub-
division (storm drainage and street lighting). ADOPTED RESOLUTION
85-13 SETTING PUBLIC HEARING FOR MARCH 19, 19$5, AT 10:15 A.M.
Page 427
February 12, 1985
85-95
(Cont'd) 9. Resolution of .intention to rename Caprino Way (County Club Drive to
end) to Trafalgar Square, Paradise area. ADOPTED RESOLUTION 85-14
SETTING PUBLIC HEARING DATE FOR MARCH 19, 1985, AT 10:30 A.M.
10. Resolution of intention to rename Broom Lane (Bald Rock Road to end)
to Martin Hill Lane, Oroville area. ADOPTED RESOLUTION 85-15
SETTING PUBLIC HEARING DA'I'S FOR MARCH 19, 19$5, AT 10:30 A.M.
11. Community Action Agency requests authorization to purchase food
transporters. AUTHORIZED PURCHASE OF EIGHT "TEMP TECH" FOOD TRANS-
PORTERS IN AN AMOUNT NOT TO EXCEED $3,304 USING SENIOR NUTRITION
PROGRAM FUNDS.
12. Nevada County - request Butte County to waive interest in providing
CSBG services in Nevada County. WAIVED INTEREST AND DIRECTED
COMMUNITY ACTION AGENCY DIRECTOR TO NOTIFY NEVADA COUNTY.
13. Right-of-way acquisition - Agreement for Sale - Eaton Road
Reconstruction Project No, 59171-83-1
Land Improvements Total
Security Pacific
National Bank .08 acre $1,276 $543 $1,819
(.03 net)
APPROVED AGREEMENT AND AUTHORIZED CHAIRMAN TO SIGN AND AUTHORIZED
AUDITOR TO DRAW WARRANT .UPON DEMAND OF COUNTY'S ESCROW AGENT.
14. Advanced step hiring - the Superior Court has selected a replacement
to the position in the Family Conciliation Court which will become
vacant February 22, 1985, through the retirement of Gordon Porter.
AUTHORIZED THE POSITION TO BE FILLED AT THE SOCIAL SERVICE WORKER TTI,
RANGE 20.0, STEP D.
15, Appointment to Mental Health Advisory Board. APPOINTED
DR. CARL ULBRICH TO SERVE UNTIL DECEMBER 31, 1985.
16. Mental Health Residential Treatment Center architect contract - a
contract has been prepared with Gene McFarren to design two-hour
fire resistant barriers for Fire Marshal occupancy recommendations.
APPROVED CONTRACT NOT TO EXCEED $1,200 SUBJECT TO REVIEW BY COUNTY
COUNSEL ANA AUDITOR,
17, Stewart, Craig, Humpherys, Burchett & Patrick,attorneys - on behalf
of Neil Daman and Pauline Damon, submit a claim in the amount of
$1,250,000 alleging damages from a vehicle accident on Highway 99,
1300 feet north of Nelson Shippee Road, on or about November 2, 1984.
REFERRED TO COUNTY COUNSEL AND RISK MANAGEMENT COORI7TNATOR.
Page 428
85-95 18. Communications.
{Cont'd)
a. Department of Veterans Affairs - writes to request relief
from penalty for overdue payment of property taxes. DENIED REQUEST
AS RECOMMENDED BY TAX COLLECTOR AND COUNTY COUSEL.
b. Del Norte County - Supervisor Joyce Crockett requests Board
support for legislation to locate a minimum security prison in
Del Norte County. ADOPTED RESOLUTION 85-16 IN SUPPORT OF 5B 95.
c. Department of Commerce - forwards information about the creation
of new programs and state support for the Butte County Economic
Development Corporation. ACCEPTED k`OR INFORMATION.
d. Peter Giampaoli, Chico - writes on behalf of Jack Meline requesting
county to pay, or arrange for cost sharing arrangement, to complete
improvements along North Avenue and East Avenue. REFERRED TO PUBLIC
WORKS DIRECTOR FOR REPORT AND RECOMMENDATION.
Motion: APPROVED CONSENT AGENDA.
S M
Vote: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
Regular Agenda
85-96 Grants to public libraries for the development of collections about
{111} literacy.
Motion: AUTHORIZED DIRECTOR OF LIBRARIES TO SUBMIT A REQUEST FOR
$4,500 GRANT.
M S
Vote: l Y 2 Y 3 Y 4 Y 5 Y {Unanimously carried}
(CHAIRMAN FULTON INDICATED THAT SOME ASSESSMENT NEEDED TO BE MADE
ON LITERACY IN BUTTE COUNTY AND ASKED THAT A REPORT BE PROVIDED.TO THE
BOARD . )
85-97 Capital facilities master plan - an agreement has been prepared with the
(147) Institute of Law and Policy Planning to prepare a capital facilities
master plan in an amount not to exceed $44,090. {CONTINUED TO
FEBRUARY 26, 1985.)
Page 429
February 12, 1985
85-98 Minimum Security work Furlough Facility --State Board of Corrections
{284) forwards contract approval of $1,000,0fl0. {NO ACTION TAKEN. ACCEPTED
FOR INFORMATION.)
85-99 flail litigation contract.
{374}
Motion: RESCINDED AUTHORIZATION FOR SHERIFF'S ATTORNEY CONTRACT, UPON
ADOPTION OF CONSENT DECREE BY THE COURT.
M S
Vote: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
85-100 Department of the Army, Carps of Engineers - forwards Final Supplement II
{405) to Environmental Impact Statement, Sacramento River Bank Protection Project
(copy on file with County Administrative Office). REFERRED TO THE
PLANNING COMMISSION FOR COMMENTS
State Fire Marshal - submits jail fire safety inspection report for
the Gridley Justice Court. ACCEPTED REPORT AND REFERRED TO SHERIFF,
CHIEF ADMINISTRATIVE OFFICER AND PRESIDING JUDGE OF THE JUSTICE COURT.
Chico Unified School District - writes to request reconsideration of
Frank Brazell's appeal regarding requirement for an environmental impact
report. REFERRED TO CHIEF ADMINISTRATIVE OFFICER TO COORDINATE PRESENTA-
TION BY CHICO UNIFIED SCHOOL DISTRICT ON FEBRUARY 26, 1985, AT 9:30 A.M.
Motion: APPROVED ACTION AS REQUESTED ON THESE THREE ITEMS.
M S
Vote: l Y 2 Y 3 N 4 Y 5 Y (Motion carried)
85-101 Report from Chief Administrative Officer on request by Drake Homes/
(768) Butte Investments Corporation for issuance of mortgage revenue bonds
for an apartment complex on Lassen Avenue in the north Chico area
(from 1/29/85).
Motion: TO ADOPT THE PROPOSED RESOLUTION ESTABLISHING POLICY AND PROCEDURES,
INFORMATION STATEMENT, APPLICATION AND FEE SCHEDULE, AND
WAIVE THE 10~ REQUIREMENT FOR VERY LOW INCOME HOUSING AND
4~ SET ASIDE FOR HANDICAP ACCE55IBILITY, AND ADOPT THE
INDUCEMENT RESOLUTION PENDING APPROVAL OF FORM BY COUNTY COUNSEL.
M
Vote: 1 2 3 4 5
(MOTION DIES FOR LACK OF A SECOND.)
Page 430
February 12, 1985
85-10J. Motion:- TO ADOPT THE PROPOSED RESOLUTION ESTABLISHING POLICY AND
(Cont'd) PROCEDURES, INFORMATYON STATEMENT, APPLICATION AND FEE
SCHEDULE; WAIVE THE 10~ REQUIREMENT FOR VERY LOW INCOME,
BUT MAINTAIN THE 4~ SET ASIDE FOR HANDICAP ACCESSIBILITY,
ADOPTING THE INDUCEMENT RESOLUTION PENDING APPROVAL OF
FORM BY COUNTY COUNSEL.
M S
Vote: 1 N 2 N 3 Y 4 Y 5' N (Motion failed)
Motion: ADOPTED RESOLUTION 85-17 ESTABLISIING THE POLICIES AND
PROCEDURES, INFORMATION STATEMENT, APPLICATION AND FEE SCHEDULE,
NOT WAIVING THE 10~a FOR. VERY LOW INCOME ANA NOT WAIVING
THE 4~ HANDICAP ACCESSTBLITY SET ASIDE; ADOPTED INDUCEMENT
RESOLUTION $5-18, WITH COUNTY COUNSEL APPROVING FORM.
S M
Vote: l Y 2 Y 3 N 4 Y 5 Y (Motion carried)
85-102 Additional items from Board members:
1. Supervisor Dolan informed the Board that attached to Consent Agenda
Item #3.04 was a memo from Connerly & Associates regarding Dead
Horse Slough.
Motion: DIRECTED CONNERLY & ASSOCIATES TO SEEK ALTERNATIVES. TO
SOLVING THIS PROBLEM OF THE SLOUGH ON PEOPLE'S PROPERTY
AND TO PROCEED WITH THE PROGRAM AMENDMENT.
M S
Vote: 1 Y 2 Y 3 N 4 Y 5 Y (Motion carried)
2. Supervisor Dolan asked for support of Board .for Connerly &
Associates to apply for a grant. The Department of Housing
and Urban Development is soliciting applications in Rental
Rehabilitation Program.
Motion: AUTHORIZED PREPARATION OF THE APPLICATION, ADOPTING
RESOLUTION $5-19, AND AUTHORIZING THE CHAIRMAN TO SIGN.
M 5
Vote : l Y 2 Y 3 Y 4 Y
5 Y (Unanimously carried)
RECESS: 10:20 A.M.
RECONVENE: 10:32 A.M.
Page 431
February 12, 1985
Public Hearings and Timed~Items
85-1D3 NorthStar Engineer~.ng.,~ - on behalf of Carl Rottschalk, appeals the
(2591) Planning Commission's denial of variance (proposed negative declaration
regarding environmental impact) to lot area to allow a 0.92 acre parcel
in a one-acre zone and variance to lot width to allow 98-foot frontage
on property zoned SR-1 (suburban residential - one acre parcels) for
property located on the east side of Bap Avenue, 2400 feet north of Shasta
Avenue, identified as AP 42-34-48, Chico.
Motion: FIND THAT THE REQUIREMENTS OF CEQA HAVE BEEN COMPLETED AND
CONSIDERED IN MAKING THIS DECISION; AND ADOPT A MITIGATED
NEGATIVE DECLARATION; AND FIND THAT TF3E PROJECT COULD HAVE A
SIGNIFICANT EFFECT ON THE ENVIRONMENT, SUT WILL NOT TN THIS
CASE BECAUSE OF THE ADOPTED MITIGATION MEASURES ATTACHED; AND
FIND THAT THERE ARE SPECIAL CIRCUMSTANCES APPLICABLE TO THE
PROPERTY INCLUDING SIZE, SHAPE, TOTOGRAPHY, LOCATION OR
SURROUNDINGS, AND THAT THE STRICT APPLICATION OF THIS CHAPTER
DEPRIVES SUCH PROPER'T'Y OF PRIVILEGES ENJOYED BY OTHER PROPERTY
IN THE VICINITY AND UNDER IDENTICAI, ZONING CLASSIFICATIONS,
NOTING THAT THE PLOT MAP SHOWING THE SIZE OF THE PROJECT SI'T'E
AND THE FACT THAT IT IS NOT ALLOWED GEOGRAPHICALLY THE SAME
PRIVILEGES AS THE SURROUNDING PROPERTIES; AND FURTHER GRANT
A VARIANCE TO ALLOW THE CREATION OF A .91 ACRE PARCET, AS SHOWN
ON THE SITE PLAN FOR AP 42-34-48 (CARL ROTTSCHALK) SUBJECT
** TO MITIGATIONS MEASURE5 AND CONDITIONS ATTACHED TO .THE MEMO
00 FROM PLANNING DATED FEBRUARY 5, 1985. ITEMS 1 THROUGH 6,
INCLUDING A SECOND VARIANCE TO THE LOT WIDTH.
M S
Vote: 1 N 2 N 3 Y 4 Y 5 N (Motion failed)
(PROJECT DEEMED DENIED.)
Regular Agenda
SS-104 Request to Planning Commission to hold hearing far consideration of
(48) revocation or modification of use permit for Praying Monk/Singing
Creek Mines (Supervisor Fulton).
Motion: GAVE WRITTEN COMPLAINTS TO PLANNING DIRECTOR AND AUTHORIZED
HER TO PURSUE THE PROBLEM.
M S
Vote: l Y 2 Y 3 Y 4 Y 5 y (Unanimously carried)
Page 432
February 12, 1985
Public Hearings and Timed Items
85-105 Board of Supervisors - proposed negative declaration and rezone from
(369} 5-R (suburban residential) to SR-1 (suburban residential - one acre
parcels} on property located in the Diamond, Stanley and Marion Avenues
area, Chico.
Motion: FOUND THAT THE REQUIREMENTS OF CEQA HAVE BEEN COMPLETED AND
CONSIDERED AND ADOPTED A NEGATIVE DECLARA'T'ION; FOUND THAT THE
PROJECT COMPLIES WITH GOVERNMENT CODE SECTION 65860 REQUIRING
CONSISTENCY BETWEEN ZONING AND GENERAL PLAN; ADOPTED
ORDINANCE 2458 REZONING FROM S-R to SR~-1 FOR DIAMOND, MARION,
AND STANLEY AVENUE PROPERTIES.
5 M
Vote: l Y 2 Y 3 N 4 N 5 Y (Motion carried)
85-106 Butte County Planning Commission - revision of the "R" zones.
(806) (HEARING CLOSED AND CONTINUED TO MARCH 19, 1985. JOINT MEETING WITH
PLANNING COMMISSION ARRANGED FOR MARCH 12, 1985, WITH THIS ITEM TO
BE ON THE AGENDA FOR DISCUSSION.}
85-107 Barnhart-Brown & Associates - on behalf of Eugene Lahaie, appeal the
(1800} Advisory Agency's denial of tentative parcel map (proposed mitigated
negative declaration regarding environmental impact), AP 72-26-45,
three parcels, property located on the east side of Ponderosa Way
approximately 2000 feet north of its intersection with Lumpkin Road,
Oroville area.
Motion: BASED ON THE FACT THAT THE BOARD HAS NO POLICY REGARDING
THE DEER HERD ISSUE, ADOPTED A MITIGATED NEGATIVE DECLARATION
AND UPHELD THE APPEAL, WITH PUBLIC WORKS CONDITIONS
1 THROUGH 9, ENVIRONMENTAL HEALTH CONDITIONS 10 THROUGH 13,
AND MITIGATION MEASURES 1 THROUGH 6, WITH 2 and 4 AS
SUGGESTIONS ONLY. FOUND THAT THE PROJECT IS IN CONFORMANCE
WITH THE GENERAL PLAN AND ZONING.
M S
Vote: l Y 2 Y 3 Y 4 Y 5 N (Motion carried)
85-108 Ron Graves & Associates - on behalf of Dale Rash, appeal Condition No. 10
(2975} (have an archaeological survey prepared by a qualified professional on
Parcel 2 and incorporate any recommendations into the final map) on
tentative parcel map, AP 27-16-09, two parcels, for property located
on the east side of Dunstone Road, approximately 1000 feet north
of its intersection with Grubbs Road, Oroville area. (CONTINUED TO
MARCH 5, 1985, AT 10:00 A.M.}
Page 433
February 12, 1985
85-109 GDA Engineering - on behalf of Michael Fredricks, appeals the Advisory
(3057) Agency's denial of tentative parcel map (proposed mitigated negative
declaration regarding environmental impact), AP 28-17-69, two parcels,
property located on the northeast corner of Stoney Oaks Blvd. and Gold
*** Mt. Road, Oroville area.
Motion: BASED ON THE CIRCULATION PROBLEMS, UNACCEPTABLE MITIGATION
MEASURES, AND FINDINGS OF THE ADVISORY AGENCY, DENIED APPEAL.
M S
Vote: 1 Y 2 Y 3 N 4 N 5 Y (Motion carried)
85-110 Barnhart-Brown Associates - on behalf of Jack Lawson, appeal the
(39b) Advisory Agency's denial of tentative parcel map and boundary line
modification (proposed mitigated negative declaration regarding environ-
mental impact), AP '71-09-09 and 10, two parcels, for property located
on both sides of Kramer Road approximately 1000 feet south of Simmons
Road east of Qroville-Quincy Highway, north of Bidwell Bar Suspension
Bridge, Oroville area (from 1/29/85).
Motion: UPHELD APPEAL BASED ON CONDITIONS 1 through 12 OF THE PUBLIC
WORKS DEPARTMENT, 13 THROUGH 15 OF ENVIRONMENTAL HEALTH,
AND MITIGATION MEASURES 1 THROUGH 12, EXCEPT 11 (a) AND (d)
WHICH ARE BENEVOLENT SUGGESTIONS, FINDING THAT THE PROJECT
MEETS THE REQUIREMENTS OF THE BUTTE COUNTY ZONING AND
GENERAL PLAN, FINDING THAT THE REQUIREMENTS OF CEQA HAVE BEEN
COMPLETED AND CONSIDERED IN MAKING THIS DECISION, AND ADOPTED
A MITIGATED NEGATIVE DECLARATION.
M 5
Vote: l Y 2 Y 3 X 4 N 5 Y (Motion carried)
85-111 Recognition of persons wishing to speak:
(852)
1. Orrin B. Stratton - regarding nitrate problems.
2. Janes Hansen - concerning drug problems and investigations.
3. Dan Hays - regarding Dr. Mangos' appeal.
Motion: REFERRED TO ADVISORY AGENCY FOR RECONSIDERATION OF A
DIFFERENT PARCEL MAP.
S M
Vote: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
Page 434
February 12, 1985
Regular Agenda
85~-112 Ordinance repealing Ordinance 2445 which approved the development agreement
(1383) for South Fork Developers (Bill Cottingham, et al) (from 2/5/85).
y Motion: WAIVED THE SECOND READING OF THE ORDINANCE.
~~ S M
Vote: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
;~
~ Motion: ADOPTED ORDINANCE 2459.
S M
Vote: l Y 2 Y 3 N 4 Y 5 Y (Unanimously carried)
85-113 Report on Land Conservation Act agreements for inclusion in 1985.
(1429)
Motion: APPROVE ACTION AS REQUESTED ON LETTER OF CHIEF ADMINISTRATIVE
DFFICER DATED FEBRUARY 7, 1985, EXCEPT APPROVE J.H. McKNIGHT
RANCH, INC., AGREEMENT SUBJECT TO VERIFICATION OF LEGAL PARCEL.
S M
Vote: l Y 2 Y 3 Y 4 Y 5 Y {Unanimously carried0
85-114 1. Report on drainage fees for the Gridley area {from 2/5/85}.
2. Public Works Director report concerning North Chico Area Storm
Drainage Study.
3. Preliminary report by Chief Administrative Officer on the
President's proposed budget for fiscal year ].985--86,
4, Report on scheduled and unscheduled committee vacancies.
(ALL ITEMS CONTINUED TO FEERUARY 26, 1985.)
85 115 Discussion of Governoz Deukmejian's Executive Order proposing
{1573} establishment of Toxic Materials Department. (NO ACTION TAKEN.}
85--116 Additional items from Board members:
1. Supervisor Dolan informed the Board that Mayor Ory would be
meeting with Mr. Chappie on Friday and that an invitation had
been extended to a Board member to be present.
2. Supervisor Wheeler reminded the Board of the Northern California
County Supervisors Association meeting on Friday and to remember
to bring a door prize.
Page 435
February 12, 1985
85-116 3. Supervisor Wheeler said that she needed to work with staff to put
(Cont'd} together comments and testimony regarding federal revenue sharing
for the NACO meeting in Washington.
4. Supervisor Wheeler made an appointment to the Mining Committee.
Motion: APPOINTED LOUIS CAMENZIND, JR.
S M
Vote: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried}
5. Supervisor McLaughlin made an appointment to the Mining Committee.
Motion: APPOINTED GERALD C. CLEMMETSON.
S M
Vote: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried}
6. Chairman Fulton reported that money was available for PGandE to
underground wires. He asked that a report be made available within
six weeks as to how much money was available and where the under-
grounding should be.
CLOSER SESSION: The Board recessed at 1:14 p.m, for a closed session
on litigation in the matter of ~timberly Montgomery vs. County
of Butte.
RECONVENE: The Board reconvened at 1:23 p.m. (NO ANNOUNCEMENTS MADE}
RECESS: There being nothing further before the: Board, the meeting
was recessed at 1:24 p.m. until February 21, 1985, for a
joint meeting with the Chico City Council on the Nitrate
Action Plan, to be held in Council Chambers, Chico.
Page 436
February 12, 1985