HomeMy WebLinkAboutM080784August 7, 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
84-622 Additional items from Board members to be addressed at the end of the
(29) day:
1. Supervisor Fulton has two items to be discussed•
2. Chairman Saraceni would 1ike..to discuss a ballot proposal.
84-623 Items removed from the Consent Agenda far separate consideration.
(4~?
1. Approval of minutes - July 31, 1984.
2. County service area service charges - in order to levy charges
in the various county service areas which provide a major source
of revenue for those districts, it is necessary to accomplish
several prerequisite steps.
3. Oroville Chinese Cemetery - a report has been prepared relating to
the Native Sons of the Golden West request to make improvements
to the Oroville Chinese Cemetery.
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August 7, 1984
August 7, 1984
84-623 4. Butte County Arts Commission - master contract has been developed to
(Cont'd) provide for contracting with individuals and art organizations through-
out the county to conduct art activities consistent with Phase III
of the Arts Plan.
5. South Fork Developers (Bill Cottingham) appeals the Planning Commis-
sion's denial of rezone (item on which an environmental impact report
was previously certified) from "A-2" {general) to "PUD" (planned unit
development) to develop a I10-lot residential development on 110 acres,
property located on the east side of Midway at Mary Bill Ranch Road
identified as AP 40-02-116, Chico.
84-624 Consent Agenda
1. Budget transfer - action requested - APPROVE BUDGET TRANSFER B-316.
2. Soper-Wheeler Company rezone (item determined to be categorically
exempt from environmental review) from "A-2" (general) to "TP-160"
(timber preserve -- 160 acre parcels) located in the northeast 1/4
of Section 30, T20N, R8E MDB&M south of Lost Creek Reservoir, three
miles northeast of Clipper Mills, identified as AP 73-06-1$ - action
requested - SET PUBLIC HEARING DATE FOR SEPTEMBER 18, 1984, AT 10:45 A.M.
3. Consolidation of election - action requested -- AUTHORIZE CONSOLIDA-
TION OF PARADISE PARK AND RECREATION DISTRICT, DURHAM PARK AND
RECREATION DISTRICT AND FEATHER RIVER PARK AND RECREATION DISTRICT
ELECTIONS WITH THE NOVEMBER 6, 1984, GENERAL ELECTION.
4. Appointments to the Paradise Memorial Hall Committee - action requested -
APPOTNT RONALD BARNES, DELEGATE, AND RICHARD McCLINTOCK, ALTERNATE, TO
THE PARADISE MEMORIAL HALL COMMITTEE REPRESENTING VETERANS OF FOREIGN
WARS POST 2039 TO SERVE UNTIL DECEMBER 20, 1984.
5. Appointments to the Drug Abuse Committee - action requested -
APPOINT JEAN COVELL, JOSEPH GOOLSBY, ROCKY SURKE.AND SILL NELSON
7'0 SERVE UNTIL JULY, 1984; APPOINT KEN SMITH AND GEORGE WALKER TO SERVE
UNTIL JULY, 1986; AND APPOINT LARRY JONES AND WINTOONA LOPEZ TO SERVE
UNTIL JULY, 1985.
6. Appointments to the Alcohol Advisory Boaxd -.action requested -
APPOINT JOSEPH GOOLSBY, MELVIN SARGENT, JEAN COVELL,, BILL NELSON.AND~
ROCKY BIJRKE TO SERVE .UNTIL JULY, 1987; .APPOINT KEN SMITH TO SERVE
UNTIL JULY, 1986; AND APPOINT WINTOONA LOPEZ AND LARRY JONES TO SERVE
UNTIL JULY, 1985.
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August 7, 1984
August 7, 1984
84-624 7, Emergency Medical Services Committee - action requested - AUTHORIZE
{Cont'd0 CREATION OF A PARAMEDIC POSITION FOR THE EMERGENCY MEDICAL SERVICES
COMMITTEE AND DIRECT POSTING OF A VACANCY NOTICE.
S. LAFCo Commission travel - action requested - APPROVE OUT-OF-COUNTY
EXPENSES FOR LAFCo COMMISSIONER RALPH DROWN TO ATTEND THE CALAFCO
ANNUAL CONFERENCE SEPTEMBER 12-14, 1984, IN WEST SACRAMENTO.
9, Housing and Community Development 1983-84 Community Development
Block Grant Chapmantawn Program -- the annual performance ,report has
been prepared for the Chapmantown program for submittal to the state -
action requested -- APPROVE GRANTEE PERFORMANCE REPORT AND AUTHORIZE
THE CHAIRMAN TO SIGN.
10. Ordinance amending Section 2--94 and adding Section 2-95 to the Butte
County Code relating to Coroner's fees - action requested - WAIVE THE
FIRST READING OF THE ORDINANCE.
11. Advanced step recruitment - Personnel has been unsuccessful in
attracting candidates for the examination of senior building plan
checker and a second recruitment period is proposed at an advanced
step - action requested - AUTHORIZE RECRUITMENT OF SENIOR BUILDING
PLAN CHECKER UP TO THE "E" STEP OF THE PAY RANGE.
32. School Drop-out Program - the Employment and Training Office proposes
a contract with the Butte County Superintendent of Schools to offer
pre-employment training and remedial education to JTPA eligible school
drop--outs and the contract will train approximately 60 participants
at a cost of $69,300 - action requested - APPROVE CONTRACT AND
AUTHORIZE THE CHAIRMAN TO SIGN.
13. Basin timber sale -forest development road cooperative agreement -
the agreement covers maintenance of portions of Humboldt Road by
the U.S. Forest Service for the timber sale and no county funds are
involved - action requested - APPROVE AGREEMENT AND AUTHORIZE THE
CHAIRMAN TO SIGN.
14. Resolution declaring through highways - Public Works has completed
traffic studies and recommends certain roads be declared through
highways so stop signs can be erected on intersecting streets.- action
requested - ADOPT RESOLUTION 84-129 DECLARING THROUGH HIGHWAYS FOR:
FARLEY STREET FROM LAS PLUMAS AVENUE TO NORTH END, SOUTH VILLA AVENUE
FROM PALERMO-HONCUT HIGHWAY TO GRUBBS ROAD, GRUBBS ROAD FROM SOUTH
VILLA AVENUE TO DUNSTONE DRIVE, AND EAST FIRST AVENUE FROM CHICO CITY
LIMITS TO CHICO CITY LIMITS.
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August 7, 1984
August 7, 1984
84-624 15. Summary abandonment - portion of old Skyway at Magalia Dam - action
(Cont'd) requested - ADOPT RESOLUTION 84-130 FOR SUMMARY ABANDONMENT, AUTHORIZE
THE CHAIRMAN TO SIGN A QUIT CLAIM DEED CONVEYING ABANDONED PORTION OF
OLD SKYWAY AT MAGALIA DAM TO PARADISE IRRIGATION DISTRICT AS DESCRIBED
IN AGREEMENT WITH PARADISE IRRIGATION DISTRICT APPROVED AND DATED
MAY 6, 1975.
16. Mark A. Doughty, attorney at law - on behalf of Amber Doylene Lewis,
files a claim in the amount of $500,000 as a result of alleged injuries
and damages sustained as a result of a traffic accident on May 22, 1984,
at the intersection of State Route 99 and Neilson Avenue in Gridley -
action requested - REJECT CLAIM AND REFER .TO COUNTY COUNSEL AND RISK
MANAGEMIIVT COORDINATOR..
17. Report to the Board - Crystal and Donald Trott, Shirley and
Robert Scarlett, and Shirley Campton proposed negative declaration
regarding environmental impact and rezone from "A-R" (agricultural
residential} to "R-3" (medium density residential} on property located
on the east side of Cussick Avenue, 400 feet north of East Avenue,
identified as AP 42-45-24-25,26, 27 and 28, Chico - action requested -
ACCEPT FOR TNFORNlATION.
18. Report to the Board - Angela and Mary Calarco proposed negative
declaration regarding environmental impact and denied General Plan
amendment from low density residential to commercial on property zoned
"RT-1" {minimum density residential mobile home) located on the east
side of Skyway approximatley 600 feet north of Drexel Drive, identified
as AP 64-27-01, Paradise Pines area - action requested - ACCEPT FOR
INFORMATION.
19. Ordinance amending Ordinance 2393 to include the "AR-MH-S" zoning
district as adopted by the Board on February 28, 1984, which was
inadvertently omitted from the original ordinance and was part of the
Oroville rezone - action requested - ADOPT ORDINANCE 2420 AND AUTHORIZE
THE CHAIRMAN TO SIGN.
Motion: APPROVE CONSENT AGENDA
S
Vote : l Y 2 Y 3 Y 4 Y
M
5 Y {Unanimously carried)
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August 7, 1984
August 7, 1984
Regular Agenda
$4-625 Approval of minutes - July 21, 1984 - action requested -- APPROVE MINUTES
(94) AS RECOMMENDED FOR AMENDMENT BY CHIEF ADMINISTRATIVE OFFICER.
County service area service charges - in order to levy charges in the
various county service areas which provide a major source of revenue far
those districts, it is necessary to accomplish several prerequisite steps --
action requested - DIRECT THAT A REPORT OF SERVICE C~-IARGES BE PREPARED TN
ACCORDANCE WITH GOVERNMENT CODE SECTION 25210.77a AND THAT SAID REPORT BE
FILED WITH THE CLERK OF THE BOARD AND SET PUBLIC HEARING DATE FOR AUGUST
28, 1984, AT 10:15 A.M.
South Fork Developers (Bill Cottingham) - appeals the Planning Commission's
denial of rezone (item on Which an environmental impact report was previously
certified) from "A-2" (general) to "PUD" (planned unit development) to
develop a 1l0-lot residential development on 110 acres, property located
on the east side of Midway at Mary Bill Ranch Road identified as AP 40-02-116,
Chico - action requested - SET PUBLIC HEARTNG.DATE FOR AUGUST 28, 1984,
AT 10:30 A.M.
Motion: I WOULD MOVE THAT WE SET THE THREE HEARINGS IN THE AFTERNOON OF
THE 21st.
S M
Vote : 1 2 3 4 5
Motion amended: TO INCLUDE SOPER-WHEELER REZONE (AGENDA ITEM 3.04)
FOR RESCHEDULING TO AUGUST 21, AT 1:45 A.M.
S M
Vote: l Y 2 Y 3 Y 4 Y S Y (Unanimously carried)
(ITEM 3.01 - SETTING PUBLIC HEARING DATE FOR WESTERN CANAL WATER DISTRICT
REMOVED FROM MOTION. HEARING LEFT AT SEPTEMBER 18, 1984 AT 10:00 a.m.
COUNTY SERVICE AREA SERVICE CHARGES HEARING SET FOR AUGUST 21, AT 1:30 P.M.;
SOPER-WHEELER COMPANY REZONE BEARING AT AUGUST 21, AT 1:45 P.M.;
SOUTH FORK DEVELOPERS AT AUGUST 21 AT 2:00 P.M.)
84-626 Approval. of minutes - July 31,-1984
Motion: APPROVE MINUTES AS SUBMITTED.
S M
Vote : 1 2 3 4 5
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August 7, 1984
August 7, 1984
84-627 Oroville Chinese Cemetery - a report has been prepared relating to the
(242) Native Sons of the Golden West request to make improvements to the
Oroville Chinese Cemetery. {CONTINUED TO AUGUST 14, 1984)
84-628 .Butte County Arts Commission -master contract has been, developed to provide
(290) for contracting with individuals and art organizations throughout the
county to conduct art activities consistent with Phase III of the-Arts Plan.
Motion: AUTHORIZE CHIEF ADMINISTRATIVE OFFICER TO SIGN CONTRACTS FOR
BUTTE COUNTY ART'S COMMISSION ACTIVITIES.
S M
Vote: l Y 2 Y 3 Y 4 Y S Y (Unanimously carried)
84-629 Consideration of the Board's annual vacation - September 4 (day after
{360) Labor Day) and September 11, 1984 (from 7/31/84). (CONTINUED TO
AUGUST l4, 1984)
84-630 Consideration of salary adjustments far Board of Supervisor members.
(385) (from 7/31/84)
Motion: WAIVE FIRST READING OF AN ORDINANCE RESTORING 10$ AND
INCREASING 5$; AND MAINTAINING THE $315 PER MONTH TRAVEL
ALLOWANCE.
M
Vote: 1 2 3 4 5
Motion amended: TO INCLUDE THE OPTION OF 2S~ PER MILE REIMBURSEMENT.
GIVE POLICY DIRECTION THAT ANY CLERICAL OR ADMINISTRATIVE SUPPORT
THAT MAY BE REQUESTED OR REQUIRED BY ANY SUPERVISOR k3E HANDLED BY
THE ADMINISTRATIVE OFFICE.
S M
Vote: 1 N 2 Y 3 Y 4 N 5 N (Motion failed)
Motion: WAIVE THE FIRST READING OF AN ORDINANCE THAT WOULD RESTORE
THE loo CUT MADE IN 1982, AND GRANT THE 5$ INCREASE THAT EVERY
OTHER COUNTY EMPLOYEE RECEIVED TkIIS YEAR.
M S
Vote: 1 N. 2 Y 3 ~Y 4 N. 5 Y (Motionfailed) .-
Motion: WAIVE THE FIRST READING~OF AN ORDINANCE THAT WOULD RESTORE
THE 10~ CUT MADE IN 1982, AND GRANT THE So INCREASE THAT
EVERY OTHER COUNTY EMPLOYEE RECEIVED THIS YEAR.
:+~ S
Vote: l Y 2 Y 3 Y 4 Y S Y {Unanimously carried)
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August 7, 1984
August 7, 1984
84-630 Motion: SALVAGE MILEAGE REIMBURSEMENT RATE FOR THE BOARD OF SUPERVISORS
(Cont'd} AT THE SAME LEVEL AS COUNTY EMPLOYEES, 2.54 PER MILE.
M S
Vote: 1 N 2 Y 3 Y 4 N 5 Y (Motion failed}
Motion: WAIVE THE FIRST READING TO AMEND THE ORDINANCE TO CHANGE THE
MILEAGE REIMBURSEMENT RA'Z'E TO 254.
M $
Vote: l Y 2 Y 3 Y 4 Y 5 Y {Unanimously carried}
Motion: IT TS THE POLICY OF THIS BOARD THAT ANY ADMINISTRATIVE OR CLERICAL
ASSISTANCE THAT IS REQUIRED OR REQUESTEp BY INDIVIDUAL BOARD
MEMBERS BE HANDLED THROUGH THE ADMINISTRATIVE OFFICE.
M S
Vote: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried}
Motion: WAIVE THE FIRST READING OF AN ORDINANCE ELIMINATING THE
X315 TRAVEL ALLOTMENT.
M
Vote: 1 2 3 4 5 (Motion dies for lack
of a second)
84-531 Appointm ent to the Emergency Medical Services Committee.
(1581}
Motion: APFOINT CHRIS LeVENTON.
M S
Vote: l Y 2 Y 3 Y 4 Y 5 Y {Unanimously carried}
84-632 Ordinanc e calling and providing for a special County Charter election
(1606} to amend Section 9 of Article IV of the Butte County Charter covering
vacancy in elective county office and the selection of County Superin-
tendent of Schools for placement before the voters on November &, 1984.
Motion: ADOPT ORDINANCE 2421, AMENDING WORbS, "QUALIFICATION OF HIS
SUCCESSOR" T0, "QUALIFICATION OF A SUCCESSOR."
M S
Vote: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried}
RECESS: 10:00 a.m.
RECONVEN E: 10:24 a,m,
Page 193
August '7, 1984
August 7, 1984
Public Hearings and Timed Items
84-633 Linda Halm - appeal of the Advisory Agency's approval of Elsie A. Deeham
(1807) tentative parcel map (item on which a negative declaration regarding environ-
mental impact is recarnmended), AP 39-36-35, dividing 1.7 acres to create
two parcels for property located approximately 600 feet east of the
intersection of Orchard Way and Marian Avenue on the north side of Marian
Avenue, Chico area. (CONTINUED TO SEPTEMBER l8, 1984, AT 11:15 A.M.)
84-634 Continued hearing - Barnhart-Brown & Associates - appeal of Condition No.
(2117) 3 (requirement of SC 250 prime coat which is a requirement of the RS-7A
road standard) for Cynthiann tentative subdivision, AP 27-07-59, six parcels,
property located approximately one-half mile north of the intersection of
Bohemia Avenue and Cynthiann Lane, Oroville area. (from 7/17/84)
(CONTINUED TO AUGUST l4, 1984, AT 11:30 A.M.
84-635 Viacom Cablevision - renewal agreement far CATV services in the Oroville
(2289) unincorporated area through July 1, 2004. (HEARING VACATED. TO BE RE-
SCHEDULED AND READVERTISED LATER.)
84-636 Continued hearing - Robert Berndt - proposed negative declaration regarding
(2289) environmental impact and rezone from "TM-20" (timber mountain -- 20 acre
parcels) to "TM--S" (timber mountain - 5 acre parcels) located southwest
of the intersection of Coutelenc Road and Hupp Coutolenc Road, approximately
1-3/4 miles east of De Sabla identified as AP 65-01-20, north of Magalia.
(from 7/31/84)
Motion: NOTE THAT THE REQUIREMENTS OF CALIFORNIA ENVIRONMENTAL QUALITY
ACT HAVE BEEN COMPLETED AND CONSIDERED TN MAKING THIS DECISION;
ADOPT A NEGATIVE DECLARATION REGARDING ENVIRONMENTAT, IMPACT AND
FIND fiHAT THE PROPOSED REZONE CONFORMS TO THE POLICIES INCLUDING
THE TEXT AND MAP OF THE BUTTE COUNTY GENERAL PLAN; AND ADOPT -_
ORDINANCE 2422 REZONING APPROXTMATLEY FIFTEEN ACRES TO "TM-5"
FOR AP 65-O1-20 (ROBETtT BERNDT) SUBJECT TO THE ZONING BEING
CONDITIONED THAT fiHE APPLICANT MEET TkiE REQUIREMENTS OF THE
PARADISE IRRIGATION DTSTRTCfi FOR SEDIMENT PONDS.
S M
Vote: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
84--637 R.F.C. Surveyors, Tnc. - on behalf of Doe Mill Vineyards, appeals the
(2290) 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 each, property located
300 feet south of Wilder Drive, west of Zinfandel Drive, Doe Mill Ridge
area (from 7/31/84)
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August 7, 1984
August 7,19$4
84-637 R.F.G. Surveyors, Inc. - on behalf of Larry Ludwig, appeals the Advisory
(Cont'd) Agency's denial of a tentative: parcel map (item on which a negative declara-
tion of environmental impact has been recommended), AP 51-01--143, three
parcels, property located on both sides of Doe Mill Ridge, approximately
800 feet north of Hummer Road, Doe Mill Ridge area. (from 7/31/$4),
(BOTH HEARINGS CONTINUED TO AUGUST 21, 1984)
CLOSED SESSION: The Board recessed at 10:42 a.m. for a closed session
on Labor relations and litigation.
RECONVENE: The Board reconvened at 11:07 a.m. following a closed session.
(NO ANNOUNCEMENTS MADE.)
84-638 Recognition of persons wishing to speak:
(2700)
1. Sheriff Hal Brooks - requesting two Supervisors to meet with Sheriff's
staff and Administrative staff to prepare ballot measure regarding
funding for Sheriff's office. (SUPERVISORS FULTON AND SARACENI
TO MEET WITH .STAFF}
** 2. Kelly Meagher - requesting the Board to ask Grand Jury investigation
00 of "witch hunt° regarding newspaper article about double
registration and voting by students.
3. Lee Colby - Concerns regarding continued hearings, and Board vacations.
84-639 Additional items to be considered:
1. Martin Nichols reported that the County service area hearing would
require a 14-day notice, so Board will need to hear that .item
on August 28, 1984, AT 10:00 a.m.
Motion: THAT WE BREAK SEPTEMBER 4 AND 11.
M S
Vote: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried}
84-64.0 CLOSED SESSION: The Board recessed at 11:36 a.m. for a closed sesson
on General Assistance Fair Hearings, Case Nos. 04--90-26408
and 04--91-44832.
RECONVENE: The Board reconvened at 12:42 following closed session.
(DECISION ON CASE N0. 04-93-44832 CONTINUED TO AUGUST 14.}
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August 7, 1984
August 7, 1984
RECESS: 12:42 P.M.
RECONVENE: 1:40 P.M.
84-641 Jail facility workshop to discuss temporary housing, interim jail
{536~~ facility and related items.
000 Motion: IT IS OUR INTENTION CONCEPTUALLY TO CONSTRUCT TEMPORARY HOUSING
AS FISTED AS AN ALTERNATIVE ON ADMINISTRATIVE OFFICER'S MEMO
OF AUGUST 3, UNDER 1 (A); TO CONSTRUCT PERMANENT FACILITY .ON
AN.ACCELERATEb BASIS, UNDER CONSTRUCTION ALTERNATIVES I (D);
AND TO MOVE FORWARD WITH INCARCERATION ALTERNATIVES 2 (A),
(B) ANb {C}; ASK ADMINISTRATIVE STAFF TO DO THEIR BEST
ON THE BUDGET AND BRING IT BACK TO THE BOARD.
S M
Vote: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
84-&42 Additional items from Board members:
(1052)
I. Supervisor Fulton would Like recognition given to outgoing Chairman
of JTPA Morris Goatley, and incoming Chairman, Wayne Hall.
Motion: APPROVE CERTIFICATE OF APPRECIATION TO MORRIS GOATLEY AND
LETTER OF CONGRATULATIONS TO WAYNE HALL.
S M
Vote: l Y 2 Y 3 Y 4 Y 5 Y {Unanimously carried)
2. Supervisor Fulton reported that permit fees for the Stirling Mountain
Jamboree fund raiser for senior citizens would be $100.
Motion: WAIVE FEES.
5 M
Vote: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
3. Chairman Saraceni reported that the committee would be meeting this
afternoon to work on the ballot proposal for jail funding.
RECESS: There being nothing further before the Board at this time the
meeting was recessed at 3:30 p.m. to reconvene on August 8,
1984, at 10:00 a.m.
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August 7, 1984