HomeMy WebLinkAboutM050383. 4; ~ =~~ .
MINUTE S =~: ~ ~ BGARD OF SUPERVISORS
** *y jAYE DOLADt, snd Discrecc, CHAR
~~ i : ~ ~ .~L SAR.iCEVt, tat Dia trice
~~•• ~~~:'~'~ H2LDA WHEELER, 3rd. Diacnc:
~-~• U + BERTHA HOSE LEY. +eh Dixr:c:
~~ L1--4s--~---'' 1~9+ LEY FVLTOY, ich Dia trite
+~~~~i+~~ aCQ(~M" 1 ~~i
May 3, 1983
Call to order - The Board of Supervisors room, County Administration Build-
ing, 25 County Center Drive, Oroville California.
Present: Supervisors Fulton, Moseley, Saraceni, LVheeler and Chair Dolan.
Mike Pyeatt, interim administrative officer; Del Siemsen, county counsel;
and, Eleanor M. Becker, county clerk, by Rubye Townsley, deputy clerk.
Pledge of allegiance to the Flag of the United States of America.
Invocation - Clay Castleberry
83-383 Additional items from Board members to be addressed at the end of the day:
(23)
a. Discussion of Memorial Hall in Durham - Supervisor Moseley.
~b. Proposal to be put on the agenda for next week concerning the transfer
of another department to be under the control of the Administrative
Office. -Supervisor Wheeler.
c. Request of the Board's concurrence on a study to be submitted
relative to salaries. - Supervisor Wheeler.
d. Request for a closed session on .litigation. - Supervisor Wheeler.
e. Request for a closed session on negotiations. - Chair Dolan.
f. Announcement of lunch invitation to Board from Sheriff. - Chair Dolan.
83-384 Consent Agenda
(119)
1. Approval of minutes - April 26, 1983. Action requested: APPROVE
MINUTES.
2. Budget transfers. Action requested: APPROVE BUDGET TRANSFER B-182.
3. John Bozoky - abandonment building setback easement, Paradise Pines
Country Club Estates #3, Lot 137. Action requested: ADOPT RESOLU-
TION 83-70 SETTING PUBLIC HEARING FOR JUNE 7, 1983, AT 10:00 A.M.
Page 41
A7ay 3 , 1983
May 3, 1983
4. Butte County Board of Supervisors - amendment to Butte County Code
and proposed negative declaration regarding environmental impact,
Chapter 24, §72; "A-5" (agricultural - 5 acre parcels) zone to add
paragraph (A) (6) to provide for mining, quarrying, commercial exca-
vation and wood processing plants as allowed uses. Planning Commis-
sion recommends @72 to add paragraph (B) (5) to provide for mining,
quarrying, commercial excavation and wood processing plants under
uses requiring a use permit. Action requested: SET PUBLIC HEARING
FOR ,TUNE 7, 1983, AT 11:00 A.M.
5. Library Trust Fund - in accordance with Government Code §25355
acceptance of a donation of $300 to the Library Trust Fund from the
Friends of the Library, Paradise, is requested. Action requested:
ACCEPT DONATION TO THE TRUST FUND.
6. County Fire Warden - procurement/acceptance of surplus CDF radios.
Action requested: ACCEPT SCANNERS FOR INCLUSION IN THE BUTTE COUNTY
PROPERTY INVENTORY.
7. Mental Health Services - consultant contract to develop a needs
assessment and evaluation of juvenile runaways of Butte County in
the amount of $2,400. Action requested: APPROVE SERVICES CONTRACT,
AUTHORIZE CHAIR TO SIGN.
8. CETA audit review - a required step in phasing out of the CETA
Program - requires audit of the fiscal years 1982 and 1983. Action
requested: AUTHORIZE REQUEST FOR PROPOSALS FOR CETA AUDIT FISCAL
YEARS 1982 AND 1983.
9. Director of Health Services - agreement with Butte Community College
to provide ADN registered nurse program/locensed vocational nurse
clinical experience in Butte County facilities. Action requested:
APPROVE AGREEMENT.
10. Agricultural Commissioner - agreement for pesticide use enforcement
fiscal year 1983-84 in the amount of $32,575. Action requested:
APPROVE AGREEMENT.
11. Agricultural Commissioner - agreement with the State Medfly Detection
Program for fiscal year 1983-84 in the amount of $93,129. Action
requested: APPROVE AGREEMENT.
12. Chief Probation Officer - resolution giving assurances of the non-
supplantation of county funds for the County Sustice System Subvention
Program - 1983-84. Action requested: APPROVE RESOLUTION 83-71.
13. The City of Chico has agreed to a specific property tax exchange
agreement for Esplanade Annexation District No. 12. -- Continental
Nut Company. Action requested: ADOPT RESOLUTION 83-72 APPROVING
PROPERTY TAX EXCHANGE AGREEMENT.
14. Claim - in the amount of $54,142.95 related to injuries sustained
during an attack by a dog - Leon Hylton, San Francisco. Action
requested: DENY CLAIM, REFER TO COUNTY COUNSEL AND RISK MANAGEMENT.
15. Claim - Hignell and Hignell - regarding damages in the area of Lindo
Channel. Action requested: DENY CLAIM, REFER TO COUNSEL AND RISK
MANAGEMENT.
16. B. K. Herndon, AP 73-18-104 - on Pdarch 14, 1983, B.K. Herndon deeded
Forbestown Road right-of-way to the county. This deed was later
found to be in error. Action requested: QUITCLAIM RIGHT-OF-WAY BACK
TO B. K. HERNDON AND ACCEPT GRANT DEED FOR NEW RIGHT-OF-WAY, AUTHORIZE
CHAIR TO SIGN.
Page 42
May 3, 1983
May 3, 1983
17. Agreement to provide engineering services and contract administra-
tion for Oroville-Quincy Highway, between Oroville city limits and
Meadowview Drive - an agreement has been prepared between the City
of Oroville and the County of Butte. Action requested: APPROVE
AGREEMENT AND AUTHORIZE CHAIR TO SIGN.
18. Approval of plans and specifications, South Oroville Improvement
Project, Phase V, Project No. 25505N-82-1, and Oroville-Quincy
Highway, Project No. 27503-82-1. Plans and specifications have been
Completed for the projects. Action requested: APPROVE PLANS AND
SPECIFICATIONS; AUTHORIZE CHAIR AND DIRECTOR OF PUBLIC WORKS TO SIGN
PLANS; ADOPT WAGE SCALE; SET BID OPENING AT-11:00 A.M., PUBLIC WORKS
OFFICE, MAY 26, 1983.
19. Memo - recommendation from the Planning Commission regarding elements
of the General Plan. Action requested: ACCEPT MEMO.
MOTION: TO APPROVE CONSENT AGENDA AS REQUESTED.
S M
VOTE: Z Y 2 Y 3 Y 4 Y S Y (Unanimously carried)
Regular Agenda
83-385 Penalty abatement requests - change of ownership reports, as follows:
(119) Mr. & Mrs. Adrian V. Stinnett - AP 044-50-0-010-0
Mr. & Mrs. Eugene C. Cairtar - AP 040-04-0-049=0
Duane E. Boman - AP 052-18-2-063-0
Wayne C. Gage - AP 026-14-4-022-0, AP 026-14-4-001-0, AP 026-14-4-002-0
MOTION: APPROVE PENALTY ABATEMENTS AS REQUESTED
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
83-386 Comments to Grand Jury/Board of Supervisors Audit Report. (NO ACTION
(130) TAKEN. STAFF WILL FORWARD TNFORMATION TO THE GRAND JURY)
83-387 Consideration of expanding the JTPA Task Force.
(157 )
idOTION: THAT WE ADD A MEP'IBER FROM THE EL MEDIO NEIGHBORHOOD
DEVELOPMENT CORPORATION AND MR. JAMES HAYES FROM THE
VETERANS COUNCIL.
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
83-388 Salary Ordinance Amendment. (CONTINUED TO LATER IN THE DAY AT THE
(190) REQUEST OF SUPERVISOR SARACENI)
g3-389 Ordinance for timed testimony.
{216)
MOTION: TO ADOPT AN ORDINANCE LIMITING TIMED TESTIMONY, WITH
AN EXTENSION OF THE LIMIT GRANTED ONLY BY A MAJORITY
VOTE OF THE BOARD.
?age 43
May 3, 1983
May 3, 1983
S M
VOTE: 1 2 3 4 5 (Motion Withdrawn)
83-390 Development fee - new construction - schools. Appointments to a
(647) "HOmebuyer Fee Task Force."
MOTION: TO ACCEPT THE HOMEBUYERS SCHOOL FEE TASK FORCE
COMPRISED OF REPRESENTATIVES FROM CHICO UNIFIED
SCHOOL DISTRICT, CITY OF CHIO, BUTTE COUNTY PLANNING
STAFF, BUTTE COUNTY TAXPAYERS ASSOCIATION, HOOKER
OAK P.T.A., CHICO AREA CHAMBER OF COMMERCE, BUTTE
COUNTY BOARD OF SUPERVISORS, JERE BOLSTER AND LEE
COLBY.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y {Unanimously Carried)
83-391 Proposed lease for the area known as Scotty's Boat Landing between the
(862) County of-Butte and John W. Scott.
MOTION: TO APPROVE THE LEASE BETWEEN THE COUNTY OF BUTTE
AND JOHN W. SCOTT, AS SUBMITTED.
M 5
VOTE: l Y 2 X 3 Y 4 Y 5 Y (Unanimously carried)
83-392 Continued closed hearing - 14 Mile House, Inc. - rezone (item on which
(1093) a draft environmental impact report was required) from "TM-5 and 40"
{timber mountain - 5 and 40 acre parcels) to "PA-C" {planned area -
cluster) to allow the development of 25 residential units with one
lot of 20, acres for agricultural use plus 156 acres of open space,
located on the east side of Highway 32, approximately 1.5 miles south
of Forest Ranch, 14 miles northeast of Chico.
MOTION: I WOULA MOVE TO FIND THAT THE DRAFT ENVIRONMENTAL IMPACT
REPORT HA5 BEEN PREPARED IN ACCORDANCE WITH CEQA AND CON-
SIDERED IN MAKING THIS DECISION, AND CERTIFY THE ENVIRON-
MENTAL IMPACT REPORT AS BEING COMPLETE. FIND THAT THE
PROJECT COULD HAVE A SIGNIFICANT EFFECT ON THE ENVIRONMENT
BUT WILL NOT IN THIS CASE WITH THE ADOPTED CONDITIONS AND
MITIGATION MEASURES AND FIND THAT THE PROJECT CONFORMS TO
THE POLICIES OF THE BUTTE COUNTY GENERAL PLAN REJECTING
ALTERNATIVES ON PAGE 30 OF THE ENVIRONMENTAL IMPACT REPORT,
AND'THE ALTERNATIVE WILL THEN, IN FACT, BE NO PROJECT AT ALL.
- ~ ALTERNATIVE 1 - HIGHER DENSITY
DISADVANTAGES: ENVIRONMENTAL IMPACTS ASSOCIATED WITH HUMAN
OCCUPATION ON THE SITE WOULD INCREASE SIGNIFICANTLY IF
THIS ALTERNATIVE WERE USEDo THE AVAILABILITY OF WATER FOR
MORE RESIDENCES HAS NOT BEEN ESTABLISHED. THE LEACHFIELD
AREA FOR THE EASTERN PORTION OF THE PARCEL WILL NOT A000M-
MODATE A HIGHER DENSITY. SOILS OF THE AIKEN-COHASSET ASSO-
CIATION ON THE WESTERN PORTION OF THE PARCEL ARE NOT SUITABLE
FOR LEACHFIELD DISPOSAL OF EFFLUENT. DEMANDS ON PUBLIC
SERVICE WOULD BE GREATER. ELECTRICAL ENERGY AND GASOLINE
CONSUMPTION WOULD INCREAS. ADDITIONAL ENCROACHMENTS ON
HIGHWAY 32 WOULD BE REQUIRED.
ALTERNATIVE 2 - LOWER DENSITY
DISADVANTAGES: PER CAPITA COSTS FOR SERVICES, ROADS AND
OTHER IMRPVEMENTS MAY BE EXCESSIVE. INDIVIDUAL SEPTIC SYSTEMS
MAX CREATE PROBLEMS ON CERTAIN PORTIONS OF THE SITE. ECONOMIC
RETURN TO THE PROPONENT FROM: THE PROJECT WOULD BE DIMINISHED
REDUCING THE LIKLIHOOD OF SUBDIVISION DEVELOPMENT.
Page 44
May 3, 1983
May 3, 1983
ALTERNATIVE 3 - NO PROJECT
DISADVANTAGES: NO ENVIRONP~TAL DISADVANTAGES CAN BE IDENTI-
FIED FOR THIS ALTERNATIVE, EXCEPT THAT A FUTURE PROJECT
HAVING LESS DESIRABLE CHARACTERISTICS COULD BE PROPOSED
FOR THE SITE AT SOME FUTURE DATE. DENIAL OF THE PROJECT
WOULD NOT, PRECLUDE DEVELOPMENT OF THE SITE UNDER THE
CURRENT ZONING AND GENERAL PLAN DESIGNATION, AND ANY
DEVELOPMENT COULD CREATE SOME NABITAT DISTURBANCE AND
POTENTIAL FOR EROSION.
ALSO, I WOULD MOVE TO ADOPT ORDINANCE 2348 REZONING THE
PROPERTY FROM "TM-5" AND "TM-40" TO °PA-C" FOR AP 63-01-02
FOR 14 MILE HOUSE, INC., SUBJECT TO CONDITIONS OUTLINED
~ IN THE MEMO FROM THE PLANNING DEPARTMENT DATED APRIL 20, 1983,
WITH THE INSERTION OF PLACING A YEAR'S TIMELINE ON ITEM 18.
S NI
VOTE: l Y 2 Y 3 Y 4 Y S N (Motion carried}
83-393 Janitorial service contract - Butte County Libraries, Chico/Gridley.
(1441)
MOTION: I WOULD MAKE A MOTION OF INTENT TO CONTRACT FOR JANITORIAL
SERVICES FOR THE TWO NEW LIBRARIES AND AUTHORIZE ADMINIS-
TRATIVE AND PERSONNEL STAFF TO MEET WITH THE EMPLOYEES'
ASSOCIATION.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y(Unanimously carried)
83-394 AB 1733 Child Abuse Grant funds - Multi Disciplinary Council. Action
(1518} requested: ACCEPT PROPOSALS; AUTHORIZE THE PREPARATION OF AGREEMENTS
AND CONTRACTS WHERE APPROPRIATE TO BEGIN THESE PROGRAMS AS ANTICIPATED;
DESIGNATE WELFARE DIRECTOR TO MONITOR PROGRAP4; APPROPRIATE A LINE
ITEM FOR THE BUDGET FOR $88,613, THE AMOUNT FOR THE GRANT TO BE DIVIDED
AMONGST THE PROPOSALS.
MOTION: FOR THE ACTION REQUESTED.
M S
VOTE: l Y 2 Y 3 Y 4 Y S Y (Unanimously carried)
RECESS: 9:58 A.M.
RECONVENE: 10:14 A.M.
Public Hearings and Timed Items
83-395 Mathew Weber - request for variance to Sections 19-10 and/or 19-12 of
(1687} the Butte County Code for placement of a mobile home on AP 42-06-53,
Route 1, Box 750-A, Rodeo Avenue, Chico area; zoning: A-5.
MOTION:---'I.WOULD MOVE APPROVAL OF .THE VARIANCE.
S M
VOTE: l Y 2 Y 3 Y 4 Y S Y (Unanimously carried}
gage 45
May 3, 1983
May 3, 1983
83--396 Continued open hearing - Joe Lema, Jr. - appeal of Advisory Agency's
(1725) denial of tentative parcel map (item on which a negative declaration
of environmental impact has been recommended), AP 69-11-09, dividing
1.06 acres into two parcels, one at 0.52 acre and one at 0.54 acre,
on Lodgeview Drive approximately 350 feet north of Hillcrest Avenue,
Oroville area. (CONTINUED OPEN TO MAY 24, 1983, AT 10:00 A.M.)
Regular Agenda
83-397 Communication requesting a Board initiated rezone, AP 72-01-09, 10, 11, 12.
(1801) (HOLD, PENDING USE PERMIT PROCEEDINGS)
83-398 Report to the Board - denied - Rawlins Construction Co. - rezone (item
(1944) on which a draft environmental impact report has been prepared) from
"A-R" (agricultural-residential) to "PA-C" (planked area cluster)
to allow a 36 unit residential development on property located on
the east side of Alamo Avenue, approximately 300 feet south of East
Avenue, identified as AP 42-07-169 and 170, Chico. (INFORMATION.
NO ACTION TAKEN)
83-399 Memorial hall rental rates schedule.
(1947)
MOTION: TO APPROVE RENTAL RATES SCHEDULE~FOR HALLS AS SUBMITTED.
S M
VOTE: 1 X 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
MOTION: I WOULD MOVE THAT WE WAIVE THE FEES FOR FIREFIGHTERS
FUNDRAISING ACTIVITY SCHEDULED AT THE BIGGS HALL ON
MAY 7, 1983, AND FOR THE COMMUNITY AFFAIR SCHEDULED
AT DURHAM HALL ON MAY 14, 1983.
M s
VOTE: l Y 2 Y 3 Y 4 Y 5 Y {Unanimously carried)
83-400
(2166)
1. Chico Area Recreation District - requests participation in a special
coed softball game with a team to consist of local government board
members and administrative staff for May 7, 1983. (SUPERVISORS DOLAN
AND WHEELER TO PARTICIPATE)
2. E1 Dorado County Board of Supervisors - requests support fox a resolu-
tion opposing California Supervisors Association proposed budget
1983-84. (CONTINUED TO D1AY 10, 1983)
3. Local Government Services Division - provides notification that the
County Merit System has been scheduled for review during the last
week of May. (INFORMATION ONLY)
Page 46
May 3, 1983
May 3, 1983
4. Attorney General's opinion - concludes that a city policy department's
costs transporting a person under W and I Code 5150 to a mental health
facility for treatment and 72 hour evaluation are the responsibility
of the city. (INFORMATION ONLY)
5. John Bertocchi - requests an extension and waiver of fee costs for
a building permit and septic system permit
MOTION: TO GRANT A CREDIT REFUND TO MR. BERTOCCHI, AS PER PUBLIC
WORKS REQUEST, TOWARD RENEWAL PERMIT COST
M S
VOTE: 1 2 3 4 5 (MOTION TABLED UNTIL AFTER
PUBLIC HEARING)
Public Hearings and Timed Items
83-401 John Shelton and Bill St. Clair - rezone (item on which there is a supple-
(2740) ment to a previously certified EIR) from "A-SR" (agricultural suburban
residential) and "5R-1" (suburban residential ane acre parcels) to
"PA-C" (planned are cluster) to allow the development of a 328 unit
residential development on 75 acres on property located on both sides
of Sycamore Creek, on the north side of Eaton Road, approximately
** 2000 feet east of State Highway 99, identified as AP 44-04-100, 101,
102, Chico.
MOTION: I WOULD MAKE A MOTION OF INTENT TO APPROVE BASED ON
APPROVAL BY THE CITY OF CHICO FOR SEWER HOOKUPS.
M S
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
(CONTINUED TO P4AY 17, 1983, FOR FINAL ACTION)
83-402 Paradise Bluffs Assessment District No. 1 re convenience and necessity.
(788) (CONTINUED TO Pf1AY 17, 1983. 10:00 A.M., AT THE REQUEST OF MR. BRUNSELL)
83-403 Recognition of persons wishing to speak:
(846)
1. Flo O'Patrny - regarding upgrading and improving Huneyrun Covered Bridge.
MOTION: TO AUTHORIZE A LETTER OF APPRECIATION TO THE COMMITTEE;
ACCEPT THEIR CONTRIBUTION, AND AUTHORIZE THE PUBLIC WORKS
• DEPARTMENT TO DO THE WORK.
2d S
VOTE: l Y 2 Y 3 Y 4 Y S Y (Unanimously carried)
2. Bill Meggison - regarding inefficiences in the Sheriff's Department.
3. Dennis Lindbert - submitted petition regarding the condition of a
portion of Old 99E.
4. Shirley Woo - opposing a request by Western Geo-Engineers for the
Board to support ACR 56 and AB 2117 to require PGandE to lower costs
for Sacramento Valley natural gas.
Page 47,
May 3, 1983
May 3, 1983
83-404 Douglas Dauterman, Winding Creek Estates - abandonment of public utilities
(2173) easement, Lot 9.
MOTION: TO ADOPT RESOLUTION 83-73, APPROVING ABANDONMENT.
S M
VOTE: l Y 2 Y 3 Y 4 Y S Y (Unanimously carried)
83-405 Communications
(2320)
i. 'John Bertocchi - requests an extension and waiver of fee costs for
a building permit and septic system permit.
MOTION: TO AUTHORIZE ISSUANCE OF PERMIT FOR THE ACTUAL COSTS
OF REPROCESSING ONLY.
5 M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
2. Western Geo-Engineers - request Board support for ACR 56 and AB 2117
to require PGandE to lower costs for Sacramento Valley natural gas.
(INFORMATION)
3. Senator Ray Johnson - requests support in opposing HR 1437 (Burton} -
a proposal to increase wilderness designations.
MOTION: TO SUPPORT SENATOR RAX JOHNSON'S PROPOSAL TO OPPOSE
.. HR 1437 {Burton).
M S
VOTE: l Y 2 NV 3 Y 4 Y 5 NV (Motion carries)
4. Petition - opposes reducing the minimum traversable access width of
roads from 20 feet to lb feet, (HOLD UNTIL STANDARD CHANGE PROPOSAL
COMES FORWARD).
5. Gary E. Klima, Oroville - requests a refund of funds deposited by
him held in trust for infrastructure improvements in the total
amount of $3,000, plus all accrued interest since 1980. (SUPERVISOR
SARACENT TO ARRANGE MEETING OF PEOPLE IN THE AREA)
RECESS: 12:11 P.M.
83-406 RECONVENE: The Board reconvened at 1:00 p.m. at the Sheriff's Department
for a tour of a modular jail facility.
RECESS: 2:00 P.M.
RECONVENE: The Board reconvened in the Board room at 2:16 p.m.
83-407 Additional items from Board members:
(2900)
1. Request.: of the Board for Mr. Rob Shield to be appointed to the Foothill
Study Committee. - Supervisor Wheeler. (SUPERVISOR WHEELER TO HAVE MR.
SHIELD CONTACT BOARD MEMBERS. DECISION ON MAY 10, 1983, IF NECESSARY)
Page 48.
May 3, 1983
May 3, 1983
Regular Agenda
83-408 Salary Ordinance Amendment.
~*:~~)
MOTION: TO WAIVE THE FIRST READTNG OF AN ORDINANCE AMENDING
THE SALARY ORDINANCE, ESTABLISHING THE SECOND DEPUTY
COCINTY ADMINISTRATIVE OFFICER POSITION.
S M
VOTE: 1 2 3 4 5 (NO VOTE TAKEN. FIRST
READING OF ORDINANCE READ INTO THE RECORD BY SUPERVISOR WHEELER).
CLOSED SESSION: The Board recessed at 2:27 for a closed session on
litigation and employee negotiations.
RECONVENE: The Board reconvened at 3:10 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 3:11 p.m.
' air, Board of Supervisors
ATTEST: ELEANOR M. BECKER, COUNTY CLERK
and ex-offic'o Clerk to the
Butte u Board of Supervisors
By:
Page 49
May 3, 1983