HomeMy WebLinkAboutM052284May 22, 1984
Call to order - Board of Supervisors Room, County Administration
Building, 25 County Center Drive, 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 of the Board.
Pledge of allegiance to the Flag of the United States of America.
Invocation - Supervisor Moseley
84-419 Additional items from Board members to be addressed at the end of the
day:
1. Supervisor Wheeler would like to discuss a forum to be held
concerning water policy.
2. Supervisor Fulton would like to set a public hearing...
84-420 Consent agenda items amended or added:
1. Budget transfer 8-243 was amended to delete $5,000 indicated
for transfer from employee benefits to jury and witness expense,
thus reducing amount of the transfer to $110,644.
2. The bid opening date for the roof improvement project was corrected
to reflect June 14, rather than June 4, 1984.
3. Communication from Sierra Club item should be referred to County
Counsel rather than Planning Commission.
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May 22, 1984
May 22, 1984
84-420 4. Late items which should be included in the Consent Agenda are:
(Cont'd) (1) Butte County Transit Operations Contract, (2) Claim for
special facilities, Paradise Bluffs Assessment District, (3) Approval
of plans and specifications, Midway pavement overlay, (4) Ordinance
establishing speed limit on Andover Drive, and (5) Set public
hearing date on appeal of Planning Commission's approval of
Praying Monk Mines and Singing Creek Mine,
84-421 Consent Agenda
1. Approval of minutes - May 15, 1984. Action requested: APPROVE
MINUTES.
2. Budget transfers. Action requested: APPROVE BUDGET TRANSFERS
5-239, B-240, B-242, AND B-243.
3. Appointments to the Private Industry Council. Action requested:
APPOINT DON. A. LEE WILSON, JIM FLOOD, MARY P. DAYTON AND RONALD
GOLDEN T4 SERVE UNTIL JUNE 1987.
4. Appointments to the Northern California Health Systems Agency.
Action requested: APPOINT JEAN WOLD AND DR. AL RATTT TO SERVE UNTIL
SEPTEMBER 1986,
5. Ron Graves & Associates - on behalf of Mariana Investments, Inc.,
appeals the Advisory Agency's denial of a two-parcel land division
on property identified as AP fib-03-04, approximately 600 feet
northwesterly of the intersection of Putman Drive and Plumes Drive,
on the west side of Plumes Drive, Oroville. Action requested:
SET PUBLIC HEARING DATE FOR JUNE 12, 1984 AT 10:15 A.M.
6. Assembly Sill 2381 (Mojonnier). Action requested: TAKE POSITION
IN SUPPORT OF AB 2381,
7. Superior Court roof improvement project -- plans and specifications
have been prepared far-.the budgeted project. Action requested:
APPROVE PLANS AND SPECIFICATIONS AND SET BID OPENING FOR JUNE 14,
1984 AT 11:00 A.M. IN THE PURCHASING OFFICE.
8. Housing ElQment update - proposed negative declaration regarding
environmental review. Action requested: SET PUBLIC HEARING FOR
JUNE 19, 1984 AT 10:00 A.M.
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May 22, 1984
May 22, 1984
84-421 9. JTPA project equipment purchase. The demonstration grant with
~(Cont`d) the EDD offices and JTPA has been approved by the Governor. The
grant authorizes purchase of two video display terminals. Action
requested: AUTHORIZE PURCHASING OFFICER TO ACQUIRE THE TERMINALS
AT AN ESTIMATED COST OF $600 EACH, PAID l00% THRDUGH JTPA FUNDS.
Z0. Communications.
a. E1 Medio Neighborhood Development Corporation - writes requesting
$10,000 in revenue sharing funds for fiscal year 84-85. Action
requested: ACCEPT FOR INFORMATION AND DEFER CONSIDERATION UNTIL
BUDGET HEARINGS.
b. Sierra Club, Yahi Group - David Nopel writes to urge resolving
the question of ownership and administration of Lindo Channel.
Action requested: REFER TO COUNTY COUNSEL FOR A REPORT AND
RECOMMENDATION.TO CHIEF ADMINISTRATIVE OFFICER.
c. Friends of the Foothills - John L. Luvaas, Jr., attorney,
writes to. request that the Board enforce bonding requirements for
the Bidwell Heights Land Company project on Doe Mill"Ridge.
Action requested: REFER TO PLANNING FOR A REPORT.
d. State Department of Mental Health - forwards its review of
the Butte County Mental Health Program. Action requested: ACCEPT
FOR INFORMATION; COPY ON FILE WITH MENTAL. HEALTH AND ADMINISTRATION.
e. Chico Chamber of Commerce, Gridley Chamber of Commerce, and
State Department of Economic and Business Development - write
in support of the Marketing Strategy Plan submitted by the Butte
County Economic Development.Corporation. Action requested: ACCEPT
FOR INFORMA'T'ION.
f. Chief Administrative Officer - Martin Nichols writes to advise
that the Deukmejian administration is no longer pursuing a proposal
to eliminate the California Department of Forestry's ability to
provide fire services to counties. Action requested: ACCEPT FOR
IN~'ORMATLON.
11. Butte County Transit Operations Contract - proposals have been opened
for a three-year contract to operate Butte County Transit effective
July 1, 1984. with the low bidder being Westcoach, Inc., of Chico,
at a cost of $24.40 per vehicle hour. Action requested: APPROVE
CONTRACT AND AUTHORIZE THE CHAIRMAN TO SIGN.
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May 22, 1984
May 22, 1984
84-421 l2. Paradise Bluffs Assessment District - the owner has paid Del Oro
(Cont'd) Water Company $11,000 for special facilities which charge was not
included in the original assessment. Band counsel advises that
the charge against the district can be paid from district funds and
sufficient funding is available. Action requested: AUTHORIZE
THE AUDITOR TO PAY OWNER'S CLAIM TN THE AMOUNT OI" $11,000.
13. Approval of plans and specifications - Midway pavement overlay,
Project No. 26311-84-1 - plans and specifications have been completed
for the project. Action requested: APPROVE PLANS AND SPECIFICATIONS,
ADOPT WAGE SCALE, AND SET BID OPENING FOR JUNE 14, 1984, AT 11:00 A.M.
IN THE PUBLIC WORKS OFFICE.
14. Ordinance establishing ,speed limit on Andover Drive and South Park
Drive to be zoned 25 miles per hour. Action requested: WAIVE
THE FIRST READING OE' THE ORT]TNANCE.
15. James H. Ripley, et al, Paradise - appeals the Planning Commission`s
approval of the Praying Monk Mines and the Singing Creek Mine use
permit (proposed negative declaration regarding environmental impact),
to allow mining exploration to permit the use of explosives on
property zoned TM-40 (timber mountain - 40 acre parcels) located an
a portion of Section 3, 10 and 11, T21N, R3E, in the Little Butte
Creek Canyon, northwest of the Town of Paradise, AP 51-03-32, 33,
34, 35, and 36, Paradise area. Action requested: SET PUBLIC
HEARING .DATE FOR JUNE 12, 1984, AT 1:30 P.M.
MOTION: APPROVE CONSENT AGENDA, WITH CORRECTIONS AND ADDITIONS.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
Regular Agenda
84-422 Request for disposition from the Board on three land conservation contracts -
(104) Bennett, Pate--Eddington and Coria, as to whether or not the Board policies
adopted April 17, 1984 are retroactive. (WITHDRAWN FROM CONSIDERATION.
NO BOARD ACTION NECESSARY.)
84-423 Discussion of a Chapmantown/Mulberry Specific Plan.
{122)
MOTION: PROCEED, AND CONTRACT WITH CONNERLX & ASSOCIATES TO DO THE
WORK FOR US AS PROPOSED.
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y {Unanimously carried)
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May 22, 1984
May 22, 1984
84-424 Additional items from Board members:
(229}
1. Supervisor Wheeler reported on round table discussion to be held
in Red Bluff on June 7, concerning policies regarding water, and
that representatives from Butte were invited to offer input, She
suggested that members of our Water Commission be encouraged
to attend.
Regular Agenda
84-425 Report by County Counsel and District Attorney on abatement action of the
{414) Fantasyland Book Store and Theatre at 2827. The Esplanade, Chico.
(from 5/8/84) (DISTRICT ATTORNEY TO PROCEED WITH CRIMINAL PROSECUTION.
PROPOSED RESOLUTION, AS SUGGESTED BY BUTTE COUNTY CITIZENS FOR DECENCY
THROUGH LAW, REFERRED TO ADMINISTRATIVE OFFICE AND COUNTY' COUNSEL FOR
A REPORT BACK ON JUNE 19, 1984.}
RECESS: 9:31 A.M.
RECONVENE: 9:45 A.M.
84-426 Russ Croninger requests clarification of requirement for an environ-
(915) mental impact report for rezone on AP 42-45-24, 25, 26, 27, and 28,
for property located on the east side of Cussick Avenue, 400 feet
north of East Avenue, Chico. (from 5/15/84) (POSTPONED UNTIL AFTER-
NOON TO ALLOW COUNTY COUNSEL AND BOARD MEMBERS TIME TO REVIEW PRDPOSAL
BY SUPERVISOR DOLAN.)
Public Hearings &. Timed Items
84-427 R.F.C. Surveyors. Inc., on behalf of Doe Mill Vineyards, appeals the
(2310) Advisory Agency's denial of a tentative parcel map {item for which
an environmental impact report has previously been certified),
AP 46-71-25, dividing 93.2 acres into four parcels of 20.0 acres,
22.0 acres, 25.2 acres and 26.0 acres each, property located 300 feet
south of Wilder Drive, west of Zinfandel Drive, Doe Mill Ridge area.
MOTION: PROJECT. BE CONTINUED TD JUNE 12 FOR FINAL DISPOSITION AT
THAT TIME FOR APPROVAL AND I WILL WORK WITH STAFF TO BRING
FORWARD. TF3E .NECESSARY LEGAL FINDINGS .
M S
VOTE:. l Y 2 N 3 Y 4 Y 5 N (Motion carried)
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May 22, 1984
May 22, 1984
84-428 R.F.C. Surveyors, Inc, - on behalf o~ Larry Ludwig, appeals the
(2654) Advisory Agency's denial of a tentative parcel map (item on which a
negative declaration of environmental impact has been recommended),
AP 51-01-143, three parcels, property located on both sides of Doe Mill
Ridge Road, approximately 80.0 feet north of Hummer Road, Doe Mill
Ridge area.
MOTION: PROJECT•BE CONTINUED TO JUNE 12 FOR FINAL DISPOSITION AT
THAT TIME FOR APPROVAL AND I WILL WORK WITH STAFF TO BRING
FORWARD THE NECESSARY LEGAL FINDINGS.
M S
VOTE: l Y 2 N 3 Y 4 Y 5 N (Motion carried}
84-429 Presentation by Superintendent of Schaals on appointment of new
(3018} Superintendent of Schools. (BOARD RECEIVED RESIGNATION SUBMITTED BY
** MR. DUANE POWERS, SUPERINTENDENT OF SCHOOLS, EFFECTIVE JANUARY 1, 1985.}
00
MOTION: FOLLOW RECOMMENDATIONS OF CHIEF ADMINISTRATIVE OFFICER TO
APPOINT TWO BOARD MEMBERS TO MEET WITH REPRESENTATIVES OF
THE BOARD OF EDUCATION TO DEVELOP MUTUALLY AGREEABLE
APPOINTMENT PROCEDURE.
5 M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
(CHAIRMAN SARACENI APPOINTED SUPERVISORS MOSELEY AND WHEELER TO A
COMMITTEE TO WORK WIT~i SCHOOL BOARD MEMBERS)
84-430 Bob Walters - appeal on the denial of a sewage disposal permit appli-
(245} cation to serve a one-bedroom apartment presently under construction
at 1144 Stewart Avenue, Chico, AP 43-241-25.
MOTION: GRANT APPEAL BASED ON THE FACT THAT WE HAVE UNDER CONSIDERA-
TION A PROPOSED AMENDMENT TO THE ORDINANCE THAT WOULD ALLOW
THIS.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously-carried)
(MR, VANHART TO ADVISE MR. WALTERS THAT HE STILL NEEDS TO APPLY FOR
A VARIANCE TO THE Zt~NING REQUIREMENT)
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May 22, 1984
MaY 22- 1984
84-431 Recognition of persons wishing to speak:
(492)
1. Greg Webb - concerning a problem with obtaining a permit to repair
leach lines. He had been told that he needed to hook up to the city
sewer and this was not satisfactory to him because of the $7,000 cost,
(MR. VANHART INFORMED THE BOARD THAT HIS OFFICE HAD AU'T'HORIZED
EMERGENCY MEASURES. SUPERVISORS DOLAN AND SARACENI TO MEET WITH Mr.
VANHART FOR A POSSIBLE ORDINANCE AMENDMENT AS AN OVERALL SOLUTION TO
PROBLEMS SUCH AS THIS, AND WTLL~REPORT BACK TO THE BOARD.)
RECESS: 11:12 A.M,
RECONVENE: 11:20 A.M.
84-432 General Assistance Fair Hearing - Case No. 04-91-65493.
(925)
MOTION: DENY APPEAL BECAUSE APPELLANT FAILED TO APPEAR.
M S
VOTE: l Y 2 Y, 3 Y 4 Y 5 Y (Unanimously carried)
(SUPERVISOR WHEELER ABSENT AT THIS TIME)
84-433 Robert D, Lee - request for variance to Sections 19-ZO and/or i9-12
(1007} of the Butte County Code for placement of a mobile home on AP 30-15-28,
1141 Feather Avenue, Oroville, Zoning: A-R.
MOTION: ASK FLANKING COMMISSION TO CONSIDER AMENDING OUR ZONING
ORDINANCE TO ADD THE 'AUNT MINNIE' PROCEDURE THROUGH
USE PERMIT BE AVAILABLE. IN ALL ZONES THAT DO NOT NOW ALLOW
A SECOND TEMPORARY DWELLING.
M S
VOTE: l Y 2 Y 3 AB 4 Y 5 Y (Motion carried}
(MR. LEE TO APPLY FOR A USE PERMIT AFTER ORDINANCE IS AMENDED}
(SUPERVISOR WHEELER PRESENT AT THIS TIME)
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May 22, 1984
Mav 22. 1984
Regular Agenda
84-434 Discussion of ordinance to amend Section 19-12 of the Butte County
(1729) Code relating to area requirements of individual septic systems.
(from 5/15/84)
MOTION: WAIVE THE FIRST READING OF THE ORDINANCE, DELETING THE
WORDS ON THE BOTTOM OF PAGE 99 OF THE DRAFT, "PURSUANT
TO SEC ."
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried}
84-435 Report to the Board an staffing of the Environmental Health Office
(1977) in Chico. (from 5/8/84) (REFERRED TO BUDGET COMMITTEE)
RECESS: 12:00 P.M.
RECONVENE: 1:32 P.M.
84-436 Discussion of Sutte County Farm Bureau proposal for a change in the
(2255) Building Code. (from 4/24/84)
MOTION: REQUEST MR. GLANDER'S OFFICE TO CONTACT THE FARM BUREAU
AND DEVELOP AN ORDINANCE THAT WOULD REGULATE THE BUILDING
CONSTRUCTION IN AREAS THAT WE IDENTIFY A5 POTENTIAL FLOOD
HAZARD AREAS.
M S
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
84-437 Discussion of expansion of the LCA Committee to include a wider range
(2881) of occupations.
MOTION: INDICATE TO THE LAND CONSERVATION COMMITTEE THAT THE BOARD
HAS CONSIDERED THEIR REQUEST AND WILLING TO CONSIDER EXPANDING
THE COMMITTEE AND REQUEST A SPECIFIC RECOMMENDATION.
S
VOTE: l Y 2 Y 3 Y 4 Y
Page 80
M
5 Y (Unanimously carried)
May 22, 1984
May 22, 1984
84-438 Discussion o£ Nitrate Study action plan. {Supervisors Dolan and
(3017) Wheeler.
*~*
000 MOTION: 1. DIRECT LE'T'TER TO OBSTETRICIANS/GYNECOLOGISTS/PEDIATRICIANS
OF .STUDY FINDINGS AND ASK THEY NOTIFY PATIENTS.
2. CALL FOR WELL CONSTRUCTION STANDARDS COMMITTEE REPORT;
HEARING TO BE ON JUNE 5, AT 3:00 P.M.
3. DIRECT ENVIRONMENTAL HEALTH TO DEVELOP INFORMATION ON
GALLONAGE PER ACRE SEPTIC REQUIREMENTS.
4. BAN DRY WELLS.
5. REQUEST ENVIRONMENTAL HEALTH TO PROVIDE BOARD WITH ESTIMATE
OF TIME AND COSTS AND WHETHER THERE IS NEED TO RETAIN
CONSULTANT SERVICES TO IMPLEMENT THE RECOMMENDATIONS OF
NITRATE STUDY - PARTICULARLY THE RECOMMENDATIONS TO
ELIMINATE EXISTING DRAINAGE WELLS AND TO DEVELOP A PROGRAM
OF MONITORING WATER QUALITY IN HIGH NITRATE AREAS AND SHALLOW
WATER ZONES.
6. REQUEST THE CITY OF CHICO TO ALSO ADOPT A BAN ON DRY WELLS.
7. COMMUNICATE WITH THE WATER RESOURCES CON'T'ROL BOARD WHAT
WE HAVE DONE AND WHAT WE ARE DOING.
MOTION AMENDED: UNDER ITEM #5, TO ALSO REQUEST ENVIRONMENTAL HEALTH
AND ADMINISTRATIVE STAFF TO PREPARE AN RFP IN CONSIDERATION
OF HIRING A CONSULTANT TO ASSIST IN ADVANCING THIS STUDY;
TO GATHER MORE INFORMATION AND REPORT BACK TO THE BOARD,
INCLUDING A COST ESTIMATES TO DECIDE IF WE WANT TO PROCEED
FURTHER.
M ~ S
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
84-439 Discussion of a request to support the CSAC Water Task Force.
(1110)
MOTION: SUPPORT
M
VOTE: 1 2 3 4 5 (Motion dies for Lack o€
a second)
MOTION: AUTHORIZE A LETTER TO CSAC THAT WE DECLINE TO PARTICIPATE.
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y {Unanimously carried)
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May 22, 1.984
May 22, 1984
84-440 Report from County Counsel concerning a request from the Historical
{139I} Society to designate 14-Mile House as an historical point of interest.
MOTION: REQUEST THE DEPARTMENT OF PARKS AND RECREATION TO DESIGNATE
14-MILE HOUSE AS AN HISTORICAL POINT OF INTEREST.
M S
VOTE: 1, Y 2_ Y 3, Y 4. Y 5 Y (Unanimously carried)
$4-441 Consideration of possible ordinance - Honeyrun Covered Bridge,
(1421) {from 5/8/$4) {CONTINUED TO JUNE 5, 19$4)
84-442 JTPA Economic Development Marketing Subagreement - consideration of
{1440) Butte County Economic Development Corporation proposal to expand the
$10,000 set aside by the Private Industry Council for a marketing
plan - report from PTC, {from 4/24/84)
MOTION: APPROVE PROPOSAL, AGREEMENT BETWEEN COUNTY AND CORPORATION TO
PROVIDE THAT COMMENTS BE SOLICITED FROM .OTHER CI'T'IES AND
DEVELOPMEN'T' CORPORATIONS BEFORE FINALIZATION OF FINAL DOCUMENT.
M S
VOTE: l Y 2 Y 3 X 4 Y 5 Y (Unanimously carried)
84--443 Russ Croninger requests clarification of requirement for an environ-
mental impact report for rezone on AP 42-45-24, 25, 25, 27, and 28
far praperty located on"the.east side of Cusick Avenue, 400 feet
north of East Avenue, Chico.• {CQN`I'INUED FROM EARLIER IN THE MEETING}
. MOTION: THIS BOARA ACCEPT, ~I~I CONCEPT, AS MITIGATION OR CONDITION
LANGUAGE WHICH TS PROPOSED IN MY MEMO TO SUPERVISOR WHEELER
OF MAY 14, AND THAT WE ASK OUR PLANNING DEPARTMENT TO PUT
IT INTO PROPER LANGUAGE FORM AND THAT WE SAID IT TO THE
SCHOOL DISTRICTS.
M 5
VOTE: 1 N 2 Y 3 N 4 AB 5 Y {Motion failed)
Closed Hearings
84-444 Bachman & Associates, Chico -- on behalf of Ms, Phoebe Gile, appeal the
(1999) Advisory Agency's requirement for an environmental impact report on a
tentative parcel map, AP 47-26-183 and 184, four parcels, property
located approximately 600 feet southeasterly of the intersection of
Highway 99 and Keefer Road, on the east side of Highway 99, north
Chico. area. (from 5/8/84) {CONTINUED TO JUNE 5, 1984)
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May 22, 1984
May 22, 1984
84-445
(2030)
84-446
(2279)
Additional items to be considered:
1. Martin Nichols reported that CSAC's Legislative Bulletin had just
been received. with reports on action of SB 1300, and recommended
the Board take a position as opposed,.unless amended.
MOTION: FOR ACTION REQUESTED.
MOTION AMENDED: INCLUDE REQUESTING THE SAME ORGANIZATIONS THAT
SUPPORTED US PREVIOUSLY TO NOW ~TOIN OUR EFFORTS.
S M
VOTE: l Y 2 Y 3 Y 4 AB 5 Y (Motion carried}
2, Supervisor Wheeler stated she previously passed out to Board
members information concerning water policy, and requested
staff send copies of it to the Water Commission and to encourage
them to attend.
MOTION: WITH ALL DUE RESPECT AND APPRECIA'T'ION FOR THE EFFORTS THAT
OUR TWO PUBLIC MEMBERS HAVE MADE IN REPRESENTING US ON THE
SUPERIOR CALIFORNIA WATER COMMISSION, WE WOULD LITCE ONE OF
THEM TO CONSIDER STEPPING ASIDE SO THAT WE COULD APPOINT A
MEMBER OF OUR WATER COMMISSION.
M S
VOTE: 1 Y 2 Y 3 Y 4 AS 5 Y (Motion carried)
CLOSED SESSION: The Board recessed at 3:02 p.m. for a closed session
on litigation.
RECONVENE: The Board reconvened at 3:20 following a closed session.
(SEE FOLLOWING MINUTE ORDER)
MOTION: TO CONTRACT WITH OUTSIDE COUNSEL FOR PURPOSES OF PROSECUTING
THE DURHAM CEMETERY CASE ON A CRIMINAL BASIS, TOTAL COS'T' NOT
TO EXCEED $19,500.
M S
VOTE: l Y 2 Y 3 Y 4 AB 5 Y (Motion carried)
AATOURNMENT: There being nothing further before the Board at this time
the meeting was adjourned at 3:20 p.m,
ATTEST: Chairman. Board of Supervisors.
MARTIN ~. NICHOLS
Chief Administrative Officer and
Clerk of the oard of Supervisors
Sy:
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May 22, 1984