HomeMy WebLinkAboutM051987M~ 1~ 1987
Call to order - Board of Supervisors room, County Administration
Building, 25 County Center Drive, Oroville. Present: Supervisors
Fulton, McInturf, McLaughlin, Vercruse and Chair Dolan,
Harvey Wallace, county counsel by Carroll Ragland, chief deputy
county counsel; Martin J. Nichols, chief administrative officer by
Mike Pyeatt, deputy administrative officer; and Cathy Pitts,
assistant clerk to the Board.
Pledge of allegiance to the Flag of the united States of America..
87-250 Items removed from the Consent Agenda for Board consideration and
action.
1. 1987-88 Housing and Community Development - T~conomic
Develapment set aside -- an application has been prepared
with the State Department of Housing and Community Develapment
in the amount of 5137,500 far the following activities:
renovation of Chico-San building facilities, $1x0,000; off-site
improvements on Humboldt Street, $25,0(}0; and general
administration, $12,500 -action requested -- ADOPT RESOLUTION
APPROVING APPLICATION AND AUTHORIZE THE CHAIR TO SIGN.
87-251 Consent A~,,end_a (49?
1. Approval of minutes - action requested -APPROVE MINUTES OF
MAY 5 AND MAY 12, 1987.
2. Salary ordinance amendment -the ordinance reclassifies two
positions in the Treasurer/Tax Collector's Office, adds a
psychiatrist position to the Mental Health Department, and
reclassifies four eligibility worker positions in the Welfare
Department -action requested - WAIVE THE SECOND READING AND
ADOPT ORDINANCE 2595.
3. Maintained road mileage - a resolution has been prepared in
accordance with Streets and Highways Code Section 2121
certifying to CalTrans the current maintained mileage of county
roads which this year is 1,379.21 miles - action requested -
ADOPT RESOLUTION 87-77 AND AUTHORIZE THE CHAIR TO SIGN.
Page 250
May 19, 1987
M.~ 1~ 1987
4. 1987-88 transit claim - Public Works has prepared the claim for
SB-325 funds for public transportation projects as required by
the Transportation Development Act, including Butte County
Transit, Chico Area Transit, Oroville Area Transit, Oroville
Express, Chico Clipper, and the maintenance of the Amtrak
Depot - action requested -APPROVE CLAIM AND AUTHORIZE THE
DIRECTOR OF PUBLIC WORKS TO SIGN.
5. 1987-88 Tax and Revenue Anticipation Notes - proposals have been
received from underwriters and bond counsels for the issuance of
1987-$8 Tax and Revenue Anticipation Notes - action requested -
ACCEPT PROPOSAL FROM ERLIGH-BO$ER FOR UNDERWRITING SERVICES AND
HAWKINS, DELAFIELD, AND WOOD FOR BOND COUNSEL SERVICES.
6. 1987-88 Victim Witaess Assistance Program - an application has
been prepared to the State Office of Criminal. Justice Planning
in the amount of $87,155 for operation of the Victim Witness
Assistance Program - action requested - ADOPT RESOLUTION $7-78
AUTHORIZING THE CHIEF PROBATION OFFICER TO SIGN THE APPLICATION
ON BEHALF OF THE COUNTY.
7. Legislative bill position - AB 341 by Assemblymember Cortese
transfers the responsibility far indigent care to the State -
action requested - ADOPT POSITION OF SUPPORT AND AUTHORIZE THE
CBAIR TO SIGN LETTERS ON THE BOARD'S BEHALF.
MOTION: MOVE TO APPROVE THE CONSENT AGENDA.
S M
VOTE: 1 Y 2 Y 3 Y 4 X 5 Y (Unanimously carried)
Res~ular Agenda
87-252 Fiscal Relief Campaign - in conjunction with CSAC, the Board of
Supervisors will protest the impacts of state-mandated programs. (14}
{TO BE CONSIDERED LATER IN THE MEETING.)
Public Hearings and Timed Items
87-253 Bid opening - sale of county-owned property
(Ventura. et al}. (28} (TAKEN OFF CALENDAR TO BE BROUGHT BACK AT A
LATER DATE.}
Page 261
May 19, 1987
MSC 19 1987
Regular Agenda
87-254 Items removed from the Consent Agenda for Board consideration and
action. (fi3}
1. 1987-88 Dousing and Community Development - Economic
Development set aside - an application has been prepared
with the State Department of Hausa.ng and Community Development
in the amount of $151,250 for the following activities:
renovation of Chico-San building facilities, $100,OOfl; off-site
improvements on Humboldt Street, $25,flflfl; contingency, $12.500;
and general administration, $13,750.
MOTION: TO ADOPT RESOLUTION 87-79 APPROVING APPLICATION AND
AUTHORIZE THE CDAIR TO SIGN,
M S
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
87-255 Appointments - commissions and committees.
a. Appointments to committee vacancies. {gg} (DIRECTION GIVEN TO
NOTIFY APPROPRIATE AGENCIES OF EXPIRED TERMS LETTING THEM KNOW
THAT THE BOARD WOULD BE WILLING TO i~AKE THE REAPPOINTMENTS IF THE
APPOINTEES ARE STILL INTERESTED.)
87-25b Report from Chief Administrative Officer and County Counsel
concerning Measure "E" lawsuit. (17fl}
MOTION: MOVE TO MAKE THE RECOMMENDATIONS AS PRESENTED IN THE
STRONGEST SENSE ADOPTING RESOLUTION '87-80 AND AUTHORIZING
THE CHAIR TO SIGN.
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried}
87-257 Fiscal Relief Campaign - in conjunction with CSAC, the Board of
Supervisors will protest the impacts of state-mandated programs.
(307) {THE BOARD RECESSED AT 9:24 A.M. TO DOLD THEIR PROTEST TO TDE
IMPACTS OF STATE-MANDATED PROGRAMS OUTSIDE THE BUILDING WHERE A
SDERIFF'S VEHICLE AND FIRE TRUCK WERE CDAINED TOGETHER TO
SYMBOLICALLY SHOW WHAT STATE MANDATES ARE DOING TO COUNTIES. THE
BOARD RECONVENED IN THE BOARD ROOM AT 9:44 A.M.)
Page 2b2
May 19, 1987
M..~ 1~ 1987
Public Hearings and Timed Items
87-258 Richard Peters -proposed negative declaration with mitigation
measures regarding environmental impact and rezone from U
(unclassified) to M-1 (light industrial.) and development agreement on
property located on the west side of the Skyway across ftrom its
intersection with Honey Run Raad, identified as AP 40-02-87,
southeast Chico. {316)
MOTION: FIND THAT THE REQUIREMENTS OF CEQA HAVE BEEN COMPLETED AND
CONSIDERED AND ADOPT A NEGATIVE DECLARATION WITH MITIGATION
MEASURES; AND FIND THAT THE REZONE TO M-1 AND DEVELOPMENT
AGREEMENT CONFORM TO THE GENERAL PLAN DESIGNATION ON-SITE,
AND THE POLICIES OF THE BUTTE COUNTY GENERAL FLAN IN ITS
ENTIRETY, BECAUSE ANY PROBLEMS HAVE BEEN MITIGATED BY THE
CONDITIONS TN THE DEVELOPMENT AGREEMENT AND ZONING; AND
ADOPT ORDINANCE 2596 REZONING TO M-1 THAT PROPERTY
IDENTIFIED AS AP 40-02--87, 11-05-69 (RICHARD FETERS),' AND
ADOPT ORDINANCE 2597 APFROVING THE DEVELOPMENT AGREEMENT
ATTACHED HERETO AS EXHIBIT A.
S M
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
87-259 Butte County Planning Commission -proposed negative declaration
regarding environmental impact and amendment of the Butte County Code
Sections 24-54 and 24.55 for the segregation of homesites in
agricultural zones (24-54} and segregation of agricultural processing
uses in agricultural zones (24-44) countywide. (File 87--4) {1202)
MOTION: MAKE A MOTION OF INTENT TO APPROVE AS CURRENTLY REVISED AND
ASK THAT STAFF BE DIRECTED TO BRING BACK THE FINAL ORDINANCE
ADDING CONTINUOUS OWNERSHIP OF NOT LESS THAN FIVE YEARS.
M S
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y {Unanimously carried)
(COUNTY COUNSEL TO BRINK BACK A WRITTEN REPORT ON THE APPROPRIATENESS
OF INCLUDING OWNERSHIP TIME.)
Re_,_gular A~er~da
87-260 DiscUSSion of county policy objectives in upcoming San
Francisco/Sacramento - San Joaquin Delta estuary hearings. (1804}
MOTION: TO DESIGNATE BILL TURPTN AND ASK FOR A REPORT TO THE BOARD
AND WATER COMMISSION.
M S
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried}
Page 263
May 19, 1987
May 19 L 1987
87-251 Presentation by Public Works Director on Traffic Safety Week and
placement of "Buckle Up" bumper stickers on county cars. (2088)
MOTION: TO ADOPT RESOLUTION 87-81 AND DIRECT PUBLIC WORKS TO PLASTER
BUMPER STICKERS ON ALL COUNTY CARS.
S M
VOTE: 1. Y 2 Y 3 Y 4 Y 5 Y EUnanimously carried)
87-262 Report from Public Works Director on bid opening - reconstruction of
River Road, Chico River Road, Hamilton-Hord-Cana Highway aad Meridian
Road, Project Na. 57102-8fi-1. (2275)
MOTION: TO AWARD THE BID TO ROBINSON CONSTRUCTION COMPANY, THE LOW
BIDDER, IN THE AMOUNT OF $8fl3,987.50.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
87-263 Report by Fuhlic Works Director - Ophir Raad, FAS-FAU Project No.
Y3fi3 (1) . (231,31
MOTION: FIND THAT PUBLIC TESTIMONY HAS BEEN HEARD AND CONSIDERED AND
THAT THE PROJECfi MEETS THE REQUIREMENTS OF THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT, AND ADOPT A NEGATIVE DECLARATION;
FIND THAT THE 4PHIR ROAD EXTENSION PROJECT COMPLIES WITH THE
CIRCULATION ELEMENT AND ALL OTHER ELEMENTS OF THE BUTTE
COUNTX GENERAL PLAN; AND AUTHORIZE PUBLIC WORKS TO REQUEST A
"FINDING OF NO SIGNIFICANT IMPACT" FROM THE FEDERAL HIGHWAY
ADMINISTRATION TO COVER NEPA REQUIREMENTS AND REQUEST FHWA
APPROVAL TO PROCEED WITH THE PROJECT.
M S
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Uaanimously carried}
87-264 Report from Public Works Director vn letter from Jere Green regarding
road standards on parcel map. (from 4/7/87} {2531} (LETTER TO BE
WRITTEN TO MS. GREEN ADVISING THAT THE MATTER WAS NOT PROPERLY BEFORE
THE BOARD AND SHOULD BE HEARD AT THE ADVISORY AGENCY.)
87-265 Consideratian of resolution implementing new environmental review
guidelines is conformity with the California Environmental Quality
Act. (3044) ** (fl0)
MOTION: TO ADOPT RESOLUTION 87-82 AND RESOLUTION 87-83 AND AUTHORIZE
THE CHAIR TO SIGN.
S M
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Uaanimously carried)
Page 264
May 19, 1987
~~ 1~ 1987
Puhlic Hearings and Timed Items
87-266 Fuhlic hearing -consideration of renaming a private road in the
Oroville area of Butte County from Fawnee Trail {Lakeside Way to End}
to Apgle Hill Circle as residents in the area have requested the name
change. (3170)
MOTION: TO APPROVE RENAMING A PRIVATE ROAD; ADOPT RESOLUTION 87-8d
AND AUTHORIZE THE CHAIR TO SIGN.
M S
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
Regular A_ e~ nda
87-267 Closed hearing - Darrel W. Kister - appeal of
Gordon Kathews mining permit and reclamation plan to allow gravel
extraction and a processing plant an a 51-acre site far up to 50
years (proposed mitigated negative declaration regarding
environmental impact) on property located approximately 1-112 miles
west of State Highway 70, along the Feather River and seven miles
south of Oroville, 3/~4 mile south of Palermo Raad, 1/2 mile north of
Power House Hiil Road, identified as AP 26-15-47, south of Oroville
(File 86-31A, B. C}. {from 4/7/87)
MOTION: FIND THAT A GENERAL PLAN AMENDMENT FROM ORCHARD AND FIELD
CROFS TO INDUSTRIAL WAS APPROVED BY RESOLUTION 87-21, A
REZONE FROM 7 {UNCLASSIFIED) TO M-2 (HEAVY INDUSTRIAL) WAS
APPROVED BY ORDINANCE 2582, A DEVELOPMENT AGREEMENT WAS
APPROVED BX ORDINANCE 25$9, A USE PERMIT TO ALLOW THE
MANUFACTURE OF RACK, SAND, GRAVEL, AND THE INSTALLATION OF A
10,000 GALLON DIESEL STORAGE TANK WAS APPROVED, USE PERMIT
NO, 86-38 ON THE SUBJECT PROPERTY; MOVE TO APPROVE THE
MINING PERMIT AND RECLAMATION PLAN SUBJECT TO 29 CONDITIONS
AS SET OUT IN PLANNING MEMO DATED MAY 1$, 1987; FINDING THAT
THE REQUIREMENTS OF CEQA HAVE BEEN COMPETED WITH AND
COMPLETED AND A NEGATIVE DECLARATION WITH MITIGATION
MEASURES HAS BEEN PREVIOUSLY ADOPTED WITH THE AFOREMENTIONED
APPROVALS AND SAID NEGATIVE DECLARATION FULLY ADDRESSED AND
ANTICTFATED THE MINING PERMIT AND RECLAMATION PLAN AND
READOPT A NEGATIVE DECLARATION WITH MITIGATION MEASURES.
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried}
RECESS: 11:10 a.m.
RECONVENE: 11:27 a.m.
Page 255
May 19, 1987
Nam 1~ 1987
87-268 Presentation by Citizens for Clean Water. (166) (PRESENTATION WAS
MADE BY MICHELLE SEALY, FRESTDENT OF THE CITIZENS FOR CLEAN WATER.3
87-269 Consideration of Board clarification o€ uses allowed in the U zone.
(Supervisor Vercruse) (d70}
MOTION: TO REQUIRE A USE PERMIT BUT ZN THE MEANTIME DIRECT STAFF TO
ALLOW THE INSPECTIONS TO OCCUR SO THAT CONSTRUCTION CAN
PROCEED AND BE COMPLETED.
M S
VOTE: 1 Y 2 Y 3 Y d Y 5 Y (Unanimously carried)
87-270 Public comment. (PRESENTATIONS WILL BE LIMITED TO FIVE MINUTES. THE
BOARD OF SUPERVISORS TS PROHIBITED BY STATE LAW FROM TAKING ACTION ON
ANY ITEM PRESENTED IF IT IS NOT LISTED ON THE AGENDA.) (896)
1. Nell Lind - spoke regarding the public comment time.
2. James Hansen -spoke regarding the public comment time, the
Koppers incident and contaminated dumping at the landfill.
3. Sue Powers - spoke regarding looking into proposed industry to
find out what chemicals are going to be used before permits are
issued.
CLOSED SESSION: The Board recessed at 12:07 p.m. to hold a closed
session on Estrada n. County of Butte.
RECONVENE: The Board reconvened at 12:27 p.m. following a closed
session regarding litigation. (NO ANNOUNCEMENTS MADE)
Communications
87-271 Communications received and referred. (COPIES OF ALL COMMUNICATIONS
ARE AVAILABLE ZN TBE CLERK OF THE BORRD OFFICE.}
a. Cliff Johnsen, Chico ~ writes requesting the allowance of a
second home on a lot in property zoned "U". (Referred to
Planning for report and recommendation.}
b. Senator Marian Bergeaan - writes concerning Supervisor Dolan's
appearance testifying on SB 253. (Information only}
Page 266
May 19. 1987
May 1~ 1987
ADJOURNMENT: There being nothing further before the Board at this
time, the meeting was adjourned at 12:28 p.m. to
reconvene on Tuesday, June 2, 198? at 9:00 a.m.
Boards of Supervisors
ATTEST:
MARTIN J. NICHOL Chi Administ ative
Officer a C1 of the
By:
Fage 2b7
May 19, 198 7