HomeMy WebLinkAboutM032084March 20, 1984
Call to order ~ Board of Supervisors room, County Administration Building,
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.
Pledge of allegiance to the Flag of the United States of America.
Invocation - Supervisor Moseley
Presentations - California Women in Agriculture. (Presentations to be made
later in the day.)
84-231 Additional items from Board members to be addressed during the day:
1. Chairman Saraceni would like to discuss a request from Mr. Cottingham
regarding the Williamson Act.
2. Supervisor Wheeler would like to talk about a lawsuit.
3. Supervisors Moseley would like the record to show that while approving
mail-outs of the Community Attitude Study for Durham at county expense
on March 13, the county would not takepart in the Growth Plan at this
time.
4. Supervisor Moseley reported that the variance request from Richvale
had been cleared up. This was a mail-out item in the Board's packets.
Page 484
March 20, 1984
March 20, 1984
84-232
Consent Agenda
1. Approval of minutes - March 13, 1984. Action requested: APPROVE MINUTES
AS RECOMMENDED FOR AMENDMENT BY CHIEF ADMINIS'T'RATIVE OFFICER AS FOLLOWS:
CANCEL HEARING DATE WHICH WAS SET FOR SHARI GREENFIELD'S REQUEST
FOR VARIANCE AND REQUEST ENVIRONMENTAL HEALTH TO RESUBMIT THE
APPLICATION CITING THE PROPER CODE SECTION.
2. Budget transfers. Action requested: APPROVE BUDGET TRANSFERS 8-174,
B-179, B-180 and B-181.
3. Biggs Swimming Pool (CSA 31) Advisory Board. Action requested:
APPOINT JOE COX AND HANK UPTON TO SERVE AN INDEFINITE TERM.
4. Ordinance adding Article II and III to Chapter 35 of the Butte County
Code relative to incarceration. Action requested: WAIVE THE SECOND
READING AND ADOPT ORDINANCE 2393.
5. Salary Ordinance Amendment - a salary ordinance amendment has been
prepared to implement several reclassification changes requested as
part of the 1983-84 budget process and to add a half-time position in
the Health Department. Action requested: WAIVE THE FIRST READING OF
THE ORDINANCE.
6. LAFCo Commissioners - two LAFCo Commissioners have requested
authorization to attend the LAFCo 1984 Rural Counties Workshop being held
March 22 and 23, 1984, in Stockton. Action requested: AUTHORIZE
COMMISSIONERS TO ATTEND AT COUNTY EXPENSE.
7. Stan Bell, Edna's Way - Abandonment of road right-of-way for
Edna's Way. Action requested: ADOPT RESOLUTION 84-51 SETTING
PUBLIC HEARING DATE FOR APRIL 24, 1984, AT 10:00 a.m.
8. Marvin Showmaker - Abandonment of road right-of-way, Colusa and
Antelope Streets, Nelson. Action requested: ADOPT RESOLUTION 84-52
SETTING PUBLIC HEARING DATE FOR APRIL 24, 1984, AT 10:00 A.M.
9. Conveyance of Development Rights and Open Area Easement - Doris
Everett Oliver, Katherine Everett Larsen, Henry Brown Everett and
Munson Bernard Everett - to comply with condition o£ approval of
use permit for Mrs. Paul Larsen, AP 36-22-181. Action requested:
AUTHORIZE CHAIRMAN TO SIGN CONVEYANCE OF DEVELOPMENT RIGHTS AND
OPEN AREA EASEMENT.
Page 485
March 20, 1984
March 2d, 1984
84-232 10. Veneral Desease Awareness Month Proclamation. Action requested:
(Cont'd) ADOPT RESOLUTION 84-53 DESIGNATING APRIL AS VENERAL DISEASE
AWARENESS MONTH ANA AUTHORIZE THE CHAIRMAN TO SIGN.
11. 1983--84 N3ental Health County Plan Update, Part B - the update is
being submitted upon recommendation of the Mental Health Advisory
Board. Action requested: ADOPT PLAN UPDATE AND AUTHORIZE SUBMITTAL
TO THE STATE.
12. Butte County Arts Commission, Phase III, Arts Plan - the plan has
been submitted outlining goals and objectives of the Arts Commission
to be submitted to the California Arts Council. Action requested
APPROVE PLAN AND AUTHORIZE SUBMITTAL TO CALIFORNIA ARTS COUNCIL
AND ADOPT RESOLUTION 84-54.
13. Maintenance Area Benefit Assessments to determine land use cate-
gories and factors for FY 1984. Action requested: ACCEPT THE
RECOMMENDATION OF CHIEF ADMINISTRATIVE OFFICER AND AUDITOR FOR
INFORMATION TO CONSIDER ON MARCH 27, 1984, AT 10:00 A.M.
14. Community Action Agency Vehicle Purchase Authorization - Board
Authorization is necessary to replace one vehicle deemed to be
beyond economic repair and to add an additional vehicle for use
in the law income Weatherization Project. Action requested:
AUTHORIZE PURCHASE OF TWO VAN-TYPE VEHICLES.
15. Adult/Elder Protective Agency Designation -- the Welfare Director
requests designation of the Department of Social Welfare as the
Adult/Elder Protective Agency in order to provide mandated services
in accordance with AB 1845 and SB 1210. Action requested: MAKE
DESIGNATION.
16. Systems and Computer Technology Corporation Contract Audit -
Coopers and Lybrand forwards. their completed report on the records
of SCT manpower delivery pursuant to contract. Action requested:
ACCEPT FOR INFORMATION AND REFER TO CHIEF ADMINISTRATIVE OFFICER.
17. Nitrate Study of the Chico area - the final report by the State
Department of Water Resources, Northern District, on the study of
nitrates in the groundwater in the Chico area has been prepared.
Action requested: ACCEPT FOR INFORMATION AND SET PUBLIC HEARING
DATE FOR APRIL 10, 1984, AT 1:30 P.M.
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March 20, 1984
March 20, 1984
84-232
(Cont`d)
18. Communications:
a. Darrell W. Stevens, Oroville - writes in support of the Rose
Garden Project being developed by the Community Concern Organization.
Action requested: INFORMATION ONLY.
b. Martin ~. Nichols, chief administrative officer -forwards a
report on county population projections. Action requested;
INFORMATION ONLY,
c. MCS Board of Directors - submits information concerning county
library operating hours. Action requested: ACCEPT FOR INFORMATION
AND REFER TO PERSONNEL DIRECTOR
d. Law Offices of California Indian Legal Services - submits
amended summons and complaint in the case of Hardwick vs, U.S.,
Civil No, c-79--1710-SW. Action requested: ACCEPT FOR INFORMATION
AND REFER TO COUNTY COUNSEL FOR RECOMMENDATION.
e. Federal Emergency Management Agency - submits information which
may. result in a revision to the Flood Hazard Boundary Map for the
county. Action requested: ACCEPT FOR INFORMATION AND REFER TO PUBLIC
WORKS AND RISK MANAGEMENT COORDINATOR,
f. State Reclamation Board -- sends notice of preparation of a
draft mitigated negative declaration on the Sacramento River, Chico
Landing to Red Sluff, Reach 1 Project. Action requested: REFER TO
PLANNING DEPARTMENT AND WATER ADVISORY COMMISSION.
MOTION: APPROVE CONSENT AGENDA
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
AMENDED MOTION: ON ITEM 17, THE HEARING FOR THE NITRATE STUDY WILL
BE SET FOR APRIL 10, 1984, AT 2:30 P,M., RATHER THAN AT 1:30 P.M.
S M
VOTE: 1 Y 2 Y 3 Y 4 Y
5 Y (Unanimously carried)
Page 487
March 20, 1984
March 20, 1984
84-233 Additional items from Board members:
{114)
Supervisor Saraceni would like to discuss a request from Rutan & Tucker,
attorneys at law, on behalf of Midway Orchaf.ds,.for clarification/
modification of resolution approving tentative cancellation of LCA
Agreement.
MOTION: AMEND SECTION 3 DF THE FINDINGS .AND DETERMINATIONS OF RESOLUTION
84-11 TO READ IN TTS ENTIRETY AS FOLLOWS: "CANCELLATION OF THE
LAND CONSERVATION ACT CONTRACT FOR THE MIDWAY ORCHARDS PROPERTY
IS SUBJECT TO THE PAYMENT OF THE CANCELLATION FEES IN THE AMOUNT
PRESCRIBED BY STATUTE AND DETERMINED BY THE ASSESSOR. THOSE
FEES ARE TO BE PAID ON THE APPROVAL BY THE COUNTY DF ALL THE
DISCRETIONARY ACTIONS REFERENCED IN SECTIONS 4 BELOW AND BEFORE
THE COUNTY RECORDS A CERTIFICATE OF CANCELLATION OF CONTRACT
TO FINALIZE THE TENTATIVE CANCELLATION." FURTHER MOVE THAT THE
BOARD ADOPT RESOL,UTI.ON 84-55 AND FIND THIS AMENDMENT TO
RESOLUTION $4-ll IS NOT A PROJECT FOR THE PURPOSES DF THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT.
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried}
Regular Agenda
84-234 Appointments to Conservation Camp Site Selection Committee - Districts 2
{352} and 4. {NO ACTION TAKEN)
84-235 Town of Paradise - resolution approving a 56/44 percent property tax
(379) split with the Town of Paradise for the Basil Vance Annexation. (From
3/13/84)
MOTION: ADOPT RESOLUTION 84-56 APPROVING PROPERTY TAX SPLIT,
S M
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y {Unanimously carried)
g4-23b Presentations - California Women in Agriculture. {CHAIRMAN SARACENI PRE-
(431) SENTED KAYE SKILLEN, REPRESENTATIVE OF CALIFORNIA WOMEN IN AGRICULTURE WITH
RESOLUTION 84-35 PROCLAIMING AGRICULTURE WEEK. MS. SKTLLIN PRESENTED EACH
BOARD MEMBER WITH A BOX OF LOCALLY GROWN FOOD PRODUCTS FROM THE FARM
COMMUNITY.
Page 488
March 20, 1984
March 20, 1984
Regular Agenda
84-237 Report to the Board - evaluation of library operating on Saturdays.
(520} (From 11/29/83)
MOTION: CONTINUE WITH THE PRESENT HOURS UN'T'IL BUDGE'T' IS ADOPTED AND
REFER TO ADMINISTRATIVE OFFICE FOR R~TIEW AND RECOMMENDA'T'IONS.
S M
VOTE: l Y 2 Y 3 ~ 4 Y 5 Y (Unanimously carried)
84-238 Repart to the Board regarding Rotary Club sponsored improvements to
(1207) drainage on Putney Drive, in Durham. (Supervisors Moseley - from 2/13/84)
(REFERRED TO PUBLIC WORKS AND COUNTY COUNSEL TO LOOK AT OPTIONS AND
RECOMMENDATIONS BACK TO THE BOARD.)
84-239 Laura's Acres Tentative Subdivision Map - Barnhart-Brawn & Associates
(1692) on behalf of Mrs. Laura Rivers, appeal portions of conditions 1 and 2
and all of conditions 4, 12, 20 and 21 on Laura's Acres tentative sub-
division map (item on which a mitigated negative declaration of environ-
mental impact has been adapted), AP 36-54-12, 108 lots plus remainder,
located on the north side of Mt. Tda Road, north of the intersection of
Mt. Ida Road and Oro--Bangor Highway, Oroville area. (FINDINGS BY THE
BOARD ARE NECESSARY Oi~i THIS LATE APPEAL IN ORDER TO SET PUBLIC HEARING -
fram 3/i3/83)
MOTION; CONDITION #1 (INCLUDING SIDEWALKS) WAS A MITIGATION MEASURE
AND TS NOT OPEN FOR APPEAL. I FIND THAT (1) THE PROPOSED
CHANGE IN THE CONDITIONS WILL NOT ADVERSELEY AFFECT OR CAUSE
A MODIFICATION OF THE FINDINGS AND DETERMINATIONS MADE TN THE
ENVIRONMENTAL REVIEW PROCESS; AND, (2) THE PROPOSED CHANGE
TN THE CONDITIONS WILL NOT BRING ABOUT AN INCONSISTENCY TO THE
GENERAL PLAN OR TO THE ZONE OR TO ANY SPECIFIC PLANS FOR THE
PROPERTY TN QUESTION; AND (3) THE FACTS ARE PRESENTED GIVING
GOOD AND SUFFICIENT REASON WHY THE CONDITIONS IN QUESTION WERE
NOT APPEALED WITHIN THE TEN DAY PERIOD; AND (4} THE FINAL MAP
HAS NOT BEEN RECORDED; AND SET A PUBLIC HEARING FOR APRIL 17,
AT 10:00 A.M. TD HEAR THE APPEAL OF CONDITIONS 2, 12.AND 20
ON LAURA'S ACRES TENTATIVE SUBDIVISION - AP 36-54-13. THE
REASON REFERRED TO IN #3 WAS A PROBLEM IN COMMUNICATION. THE
APPEAL DID NOT REACH THE COUNTY.
MOTION AMENDED: SET HEARING FOR APRIL 17, AT 10:30 RATHER 'T'HAN 10:00 A.M.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
Page 489
March 20, 1984
March 20, 1984
RECESS: 10:08 a.m.
RECONVENE: 10:15 a.m.
Public Hearings & Timed Items
84-240 Hoss and Carol Bernerd ~- request for variance to sections 19-10 and/or
(1905) 19--12 of the Butte County Code for placement of a mobile home on
AP 72-15--005, 2876 Foothill Boulevard, Oroville. Zoning A5,
(HEARING CLOSED. CONTINUED TO ALLOW COUNTY COUNSEL TO MEET WITH LYNN
VANHART TO DETERMINE IS THIS IS A REQUEST FOR ZONING VARIANCE.)
84-241 Lippincott-Guth Associates -- on behalf of Robert D. Maners, appeals the
(1983) Advisory Agency's condition No. 11 on a tentative parcel map (item on
which a negative declaration of environmental impact has been adopted),
AP 55-37-54, four parcels, property located on the south side of Wayland
Road, approximately one-half mile west of Foster Road, Paradise area.
MOTION: DENY APPEAL
.. S M
VOTE: 1 N 2 Y 3 N 4 N 5 Y (Motion failed)
MOTION: UPHOLD APPEAL OF MR. MANERS ON CONDITION #ll ON THE TEN'T'ATIVE
PARCEL MAP, AND FIND THAT IT DOES NOT CONFLICT WITH THE
COUNTY'S ZONING OR ANY ADOPTED OR PROPOSED ELEMENT OF THE COUNTY
GENERAL PLAN OR SPECIFIC COMMUNITY PLAN.
M S
VOTE: l Y 2 N 3 Y 4 Y 5 N (Motion carried)
84-242 Continued hearing - Robert M. Huskey - appeals the Advisory Agency's
(2710) requirement for an environmental impact report on a tentative parcel
map, AP 30-24-54, four parcels, property located approximately 800 feet
** west of Larkin Road, on the south side of Afterbay Drive, Thermalito area.
00 (From 3/6/84) (HEARING~CLOSED. CONTINUED TO MAY 1, 1984, UNTIL ENVIRONS
STUDY IS COMPLETED.)
Page 490
March 20, 1984
March 20, 1984
Regular Agenda
84-243 Report to Soard of Supervisors - Berard of Supervisors - proposed negative
(298} declaration regarding environmental impact and amendment to the zoning
ordinance to a11ow for conditional zoning. (From 2/14/84)
MOTION: IMPLEMENT CONDITIONAL ZONING AS RECOMMENDED BY THE PLANNING
COMMISSION AND AMEND IT TO INCLUDE WRITTEN CONTRACTS, AND
ADOPT ORDINANCE 2394
S M
VOTE: i 2 3 4 5
AMENDMENT TO MOTION: BOARD TO REVIEW IN EIGHTEEN MONTHS.
S I''I
VOTES 1 N 2 Y 3 X 4 Y 5 Y {Motion carried}
Public Hearings & Timed Items
84-244 Recognition of persons wishing to speak:
{666)
1. Itelly Meagher - regarding the court's ruling an the Canyon Park Estates
lawsuit.
2. Lance Smith -reporting on the meeting last week in Durham regarding
the Durham Area Study Plan.
Regular Agenda
$4-245 Report to the Board of Supervisors - Butte County Planning Commission -
{815) proposed negative declaration regarding environmental impact and code
amendment - revision of PA-C (planned area cluster) zone to PUD (planned
unit development). (From 2/28/84)
MOTION: FIND THAT THE REQUIREMENTS OF CEQA HAVE BEEN MET AND A NEGATIVE
DECLARATION REGARDING ENVIRONMENTAL IMPACT OF THIS CODE AMENDMENT
BE ADOPTED AND FIND THAT THE ZONING ORDINANCE AMENDMENT DOES
CONFORM TO THE BUTTE COUNTX GENERAL PLAN AND ADOPT ORDINANCE
2395 REPEALING THE PA-C AND ADDING THE PUD.
M S
VOTE; 1 2 3 4 5
Page 491
March 20, 1984
March 20, 1984
84-245 AMENDMENT TO MOTION: ADD THE WORD "AGRICULTURAL" TO SECTION A.
(Cont'd)
M S
VOTE: 1 Y 2 Y 3 Y 4 Y 5 N (Amendment to motion carried)
AMENDMENT TO MOTION: PUT THE WORDING IN (E) 2, "IN COMBINED AGRICULTURAL
AND RESIDENTIAL PROJECTS A COMMON AREA SHALT, BE REQUIRED ONT,Y
FOR THE RESIDENTIAL PORTION."
M S
VOTE: l Y 2 N 3 Y 4 Y 5 N (Amendment to motion carried)
MOTION: FIND THAT THE REQUIREMENTS OF CEQA FIAVE BEEN MET AND A NEGATIVE
DECLARATION REGARDING ENVIRONMENTAL IMPACT OF THIS CODE AMENDMENT
BE ADOPTED AND FIND THAT THE ZONING ORDINANCE AMENDMENT DOES CONFORM
TO THE BU'T'TE COUNTY GENERAL PLAN AND ADOPT ORDINANCE 2395 REPEALING
THE PA-C AND ADDING THE PUD.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
Closed Hearings
84-246 Closed hearing - Wylie J. Besser -- request for variance to sections 19-10
(1174) and/or 19-12 of the Butte County Code for placement of a mobile home on
AP 44-03-156, Rt. 1, Box 478-D, Chico area - Hasler Avenue. Zoning: ARMH-3.
(From 3/13/84) (CONTINUED TO MARCH 27, 1984.)
84-247 Additional items from Board members:
(1200)
1. Supervisor Wheeler made comments relative to a recent .decision on the
Canyon Park lawsuit.
CLOSED SESSION: The Board recessed at 11:30 a.m. for a closed session on
litigation.
RECONVENE: The Board reconvened at 11:34 following a closed session.
{NO ANNOUNCEMENTS.)
Page 492
March 20, 1984
March 20, 1984
ADJOURNMENT: There being nothing further before the Berard at this time
the meeting was adjourned at 11:35 a.m.
C~ ~
Chairman, Board of Supervisors
ATTEST:
MARTIN J. NICHOLS
Chief Administrative Officer and
C1erK of the Hoard of Supervisors
Hy
Page 493
March 20, 1984