HomeMy WebLinkAboutM081484August 14, 1984
Call to order - Board of Supervisors Room, County Administration
Building, 25 County Center Drive, Oroville.
Present: Supervisors Fulton, Moseley, Wheeler and Chairman 5araceni;
Martin J. Nichols, chief administrative officer; Del Siemsen, county
counsel; and Rubye Townsley, deputy clerk of the Board.
Absent: Supervisor Dolan.
Pledge of allegiance to the Flag of the United States of America.
Invocation - Supervisor Moseley
$4--644 Additional items from Board members:
1. Supervisor Moseley would like the Board to pass a resolution.
84-645 Items removed from Consent Agenda for separate consideration.
1. Report to the Board - South Fork Developers (Bill Cottingham)
(item on which an environmental impact report has been previously
certified) denied General Plan Amendment from orchard and field
crops to agricultural - residential on property zoned A-2 (general)
located on the east side of Midway at Mary Bill Ranch Road,
identified as AP 40-02-116, Chico. (HELD FOR REPORT)
84--646 Consent Agenda
1. Minutes of August 7, 19$4 -- action requested - AMEND MINUTE ORDER
84-624, ITEM 12, TO REFLECT THE PERSONNEL DIRECTOR BEING AUTHORIZED
TO .SIGN THE SCHOOL DROP-OUT PROGRAM CONTRACT, AND ITEM 13 TO
REFLECT THE DIRECTOR OF PUBLIC WORKS SETNG AUTHORIZED TO SIGN
THE BASIN TIMBER SALE AGREEMENT.
Page 203
August 14, 1984
August 14, 1984
84-646 2. Budget transfer - action requested - APPROVE BUDGET TRANSFER B-6.
{Cont'a)
3. Wynoka Homes, Inc. - appeal of the Planning Commission's Condi-
tion No. 1 {contribute pro. rata share toward the installation
of a traffic signal at Lincoln Boulevard ana Monte Vista Avenue)
and Advisory Agency's Condition No. 18 {developer shall deposit
his pro rata share for future installation of traffic signals
at intersection of Monte Vista and Lincoln Boulevard as units
are developed. Deposit shall be in the form of cash, bond or
letter of credit. Amount of deposit shall be approved by Butte
County Department of Public Works.) on tentative parcel map,
AP 36-21--28, 53 lots, property located. on the southerly extensions
of Vista Del Cerro and Autrey Lane, Oroville - action requested -
SET PUBLIC HEARING DATE FOR AUGUST 2$, 19$4, AT 10:15 A.M.
4. Barnhart-Brown Associates - on behalf of Anton Rybka, appeal
the Advisory Agency's denial of a tentative parcel map
{revised #2) {proposed mitigated negative declaration regarding
environmental review), AP 73-11-65, three parcels, approximately
3600 feet south of the intersection of Robinson Mill Roaa and
Forbestown Road, Forbestown area-- action requested - SET PUBLIC HEARING
DATE FOR AUGUST 28, 1984, AT 10:30 A.M.
S. Butte County Board of Supervisors - proposea negative declaration
regarding environmental impact and rezone from R-C {resource
conservation} to AR-MH-2-1/2(agricultural residential mobile
home - 2-1/2 acre parcels) located on the west side of Pacific
Heights Road, 1/2 mile north of Welsh Road, Oak Grove area south
of Oroville, identified as AP 25-24-03, 93, 94, 96 -- action
requested - SET PUBLIC HEARING DATE FOR SEPTEMBER 18, 1984,
AT 10:30 A.M.
6. Butte County Plannning Commission {Shirley/Legare) - proposed
negative declaration regarding environmental impact and rezone
from TM-20 (timber mountain - 20 acre parcels) to TM-5 {timber
mountain - S acre parcels) located on the east side of Cohasset
Road, 3/4 mile north of Mud Creek Road, identified as AP 56-07-67,
72 {portions), Cohasset - action requested - SET A PUBLIC HEARING
DATE FOR SEPTEMBER 1$, 1984, AT 10:45 A.M.
7. Butte County Library donation - in accordance with Government
Code Section 25355, a donation of $200 has been made by Adrienne White
of Orovilie to be used for .large print books for the Oroville
Headquarters Library - action requested - ACCEPT DONATION.
Page 204
August 14, 1984
August 14, 1984
84-646 8. Ordinance amending Section 2-94 and adding Section 2-95 to the
(Cont'd) the Butte County Code relating to Coroner's fees - action
requested - WAIVE THE SECOND READING AND ADOPT ORDINANCE 2423.
9. Oroville Chinese Cemetery •- Native Sons of the Golden West
request to make improvements to the Oroville Chinese Cemetery -
(from 8/7/84) - action requested - APPROVE LETTER AGREEMENT
AUTHORIZING WORK.
10. State/Vocal Partnership Program (Arts Council) - a resolution
and agreement has been prepared in the amount of $17,235 for
the Butte County Arts Commission to carry out the goals and
objectives of the Arts Plan - action requested - ADOPT RESOLUTION
N0. 84-132 AND APPROVE AGREEMENT AUTHORIZING THB CHAIRMAN TO
SIGN.
11. Report to the Board - South ForEc Developers (Bill Cottingham)
(item on which an environmental impact report has been previously
certified) denied rezone from A-2 (general) to PUC (planned unit
development) to develog a 110-lot residential development on
110 acres, located on the east side of Midway at Mary Bill Ranch
Road, identified as AP 40-02-116, Chico - action requested -
ACCEPT FOR INFORMATION; HEARING SET FOR AUGUST 21, 1984, AT
2:00 P.M.
12. Report on the formation of the Superintendent of Schools Selection
Committee and meeting to be held August l6, 1984, at 3:00 p.m.
in the Superintendent of Schools' Office - action requested --
ACCEPT FOR INFORMATION.
13. General Assistance Manual - an amended General Assistance Manual
has been prepared by the Welfare Department which provides for
fair hearings to be handled by a referee, technical changes in
definitions and amended language clarifying the manual - action
requested -- APPROVE GENERAL ASSISTANCE MANUAL UPDATE.
14. Ordinance amending Section 5-12 of the Butte County code authorizing
a referee for the conduct of General Assistance fair hearings -
action requested - WAIVE THE FIRST READING OF THE ORDINANCE.
15. Report on request of John L. Bailey, Jr., et al, for cancellation
of taxes in the amount of $4,242.11 together with penalties and
Costs of $2,807.78 - actian requested - AUTHORIZE REFUND TO
JOHN L. BATLEY AND MADELAINE BAILEY IN ACCORDANCE WITH PROVISIONS
OF REVENUE AND TAXATION CODE SECTION 5096(c).
Page 205
August 14, 1984
August 14, 1984
84-646 15. Award of bid - Chapman Area Improvement Project Phase II,
(Cont'd) Project Na, S323SA-83-1 - bids have been opened for the subject
project with the low bidder being Robinson Construction Construc-
tion Company in the amount of $272,512.50 - action requested -
AWARD BID AS RECOMMENDED,
17. Transfer of property to other governmental entities - a report
has been prepared recommending the Board give notice of intent
pursuant to Section 25365 to transfer property to other govern-
mental entities - action requested - AUTHORIZE GIVING NOTICE
OF INTENT AND SETTING SEPTEMBER 18, 1984, TO CONCLUDE THE
PROPOSED TRANSACTIONS.
18. Program Supplement No. 33 - railroad crossing protection of
Fruitvale Raad at SPTC Crossing Na, C-167.8 -- a program supplement
to Master Agreement No. 03-5912 covers funding for the installation
of flashing lights and automatic .gates at the crossing with
funding as follows: federal, $151,200; county $16,880 - action
requested - ADOPT RESOLUTION 83-133 AND AUTHORIZE THE CHAIRMAN
TO SIGN.
19. Program Supplement No. 34 - railroad crossing protection on
Nelson Raad at SPTC Crossing No. C-171-5 - a program supplement
has been prepared to Master Agreement No. 03-5912 covering
funding for the installation of flashing lights and automatic
gates at the crossing, with funding as follows: federal, $90,000;
and county, $10,000 - action requested - ADOPT RESOLUTION 84-134
AND AUTHORIZE THE CHAIRMAN TO SIGN.
20. Right-of-way acr~uisition - agreements for sale - Eaton Road
Reconstruction, Project No. 591-83 -1:
Parcel #28 -
Jimmy D. Fry &
Shirley Fry
Parcel # 18 -
V.M. Geizentanner
Acres
0.06
(0.01 net)
0.08
(0.03 net) $ 49.00
Land Improvements Total
$1,132,00
--- $1,132.00
$300.00 $ 791.00
action requested - APPROVE AGREEMENTS FOR SALE AND AUTHORIZE
THE CHAIRMAN TO SIGN AND AUTHORIZE THE AUDITOR TO ISSUE WARRANTS
UPON DEMAND OF THE COUNT'Y'S ESCROW AGENT.
Page 206
August 14, 1984
August 14, 1984
84-646 21. Communications.
(Cont'd}
a. Rolls, Anderson & Rolls - on behalf of Alvinco, Inc._-
the engineers request an amendment to the Northpark Subdivision
agreement, extending completion date for improvements - action
requested - REFER TO PUBLIC WORKS FOR A REPORT AND RECOMMENDATION.
b. Chico Unified School District - the district forwards its
Resolution 278-84 and 279-84 requesting consolidation with the
General Election to be held November 6, 1984, on a measure to
levy a special tax of up to $68 per household -- action requested -
AUTHORIZE CONSOLIDATION OF ELECTION.
c. Regional Quality Control Board - Central Valley Region -
forwards its Resolution No. 84-074 regarding nitrates in the
Chico area ground waters and adoption of an action plan - action
requested - ACCEPT FOR INFORMATION.
d. Regional Quality Control Board - Central Valley Region -
writes concerning cumulative environmental impacts on proposed
subdivisions in Butte County - action requested - REFER TO
PLANNING AND ENVIRONMENTAL HEALTH FOR REVIEW AND RECOMMENDATION.
Motion: APPROVE CONSENT AGENDA,
M S
Vote: l Y 2 AB 3 Y 4 Y 5 Y (Motion carried)
84-647 Additional item:
(37)
1. Mr. Nichols reported having received a letter from the City of
Chico requesting consolidation of City of Chico Measures C
through E with the November 6 General Election.
Motions AUTHORIZE CONSOLIDATION OF CHARTER AMENDMENT MEASURES
WITH THE GENERAL ELECTION.
M S
Vote: l Y 2 AB 3 Y 4 Y S Y (Unanimously carried}
Page 207
August 14, 1984
August 14, 1984
(SUPERVISOR DOLAN PRESENT AT THIS TIME)
Regular Agenda
$4-648 Request for policy direction concerning ownership transfer of Lindo
(56) Channel to the City of Chico.
Motion: DIRECT THE CHICO URBAN ISSUES COMMITTEE TO CONTINUE DTS-
CUSSTONS WITH THE INTERGOVERNMENTAL RELATIONS COMMITTEE
RELATIVE TO TRANSFERRING OWNERSHIP OF LINDO CHANNEL TO
THE CITY OF CHTCO.
S M
Vote: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
$4-649 Ordinance amending Ordinance 2280 relative to Board of Supervisors
(138) compensation restoring 10~ pay reduction and granting 5~ pay increase.
Motion: WAIVE THE SECONb READING OF THE ORDINANCE.
M S
Vote: 1 N 2 Y 3 Y 4 N 5 Y (Motion failed)
Motion: WAIVE THE SECOND READING OF THE ORDINANCE.
M S
Vote: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
Motion: ADOPT THE ORDINANCE.
M S
Vote: 1 N 2 Y 3 Y 4 N 5 N (Motion failed)
84-650 Ordinance amending Ordinance 2047 granting an increase in travel allowance
(300) for Board of Supervisors members from 20~ per mile to 25~ per mile.
Motion: WAIVE THE SECOND READING OF THE ORDINANCE.
M S
Vote: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
Page 208
August 14, 1984
August 14, 1984
84-650 Motion: ADOPT .ORDINANCE 2424.
(Cont'd)
M S
Vote: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried
84-651 Selection of County Supervisors Association of California Board of
(374) Directors member for 1985.
Motion: APPOTNT SUPERVISOR WHEELER.
5 M
Vote: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
84-652 Additional item from Board member:
(528)
1. Supervisor Moseley would like a resolution for Leslie Deniz, of
Gridley, who won a silver medal in the Olympics for the women's
discus throw.
Motion: ADOPT RESOLUTION 84-135 IN RECOGNITION OF LESLIE DENIZ.
S M
Vote: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
84-653 CLOSED SESSION: The Board recessed at 9:22 a.m. for a closed session
(605) on General Assistance fair hearing - Case No. 04-01-44832 -
(from 8/7/84)
RECONVENE: The Board reconvened at 9:55 a.m.
Regular Agenda
84-654 Report to the Board - South ~'or.k Developers (Bill Cottingham) {item on
(617) which an environmental impact.report ha s. been previously .certified)
denied General Plan Amendment from orchard and field crops to agricultural-
residential an property zoned A-2 (general) located on the east side of
Midway at Mary Bill Ranch Road, identified as AP 40-02-116, Chico.
(ORAL REPORT GIVEN BY BETTYE KTRCHER, PLANNING DIRECTOR)
Page 209
August 14, 1984
August 14; 1984
$4-655 Additional item from Board members:
{675)
1. Chairman Saraceni reported on a meeting with federal engineers and
others on the matter of paving 14 miles of Oro-Quincy Highway and
that Plumas County Board of Supervisors was not in favor of the
project,
Motion: AUTHORIZE LETTER TO PLUMAS COUNTY BOARD OF SUPERVISORS
REQUESTING RECONSIDERATION OF THE PROTECT,
5 M
Vote. l Y 2 Y 3 Y 4'Y S Y (Unanimously carried)
Regular Agenda
84-656 Report to Board - South Fork Developers (Minute Order 84-655)
Motion: ACCEPT REPORT
M S
Vote: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
Public kIearings and Timed Items
84--657 Marvin Snowmaker - abandonment of road right-of-way located an the
(837) east side of the Midway, at its intersection with North Street, west
of the Southern Pacific Railroad, identified as AP 38-26-I5, Nelson.
Motion: ADOPT RESOLUTION $4-136 APPROVING ABANDONMENT.
S M
Vote: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
84-658 Recognition of persons wishing to speak:
(838)
1. Kelly Meagher - Concerning letter received from Water Quality
Control Board being referred to Planning and Environmental Health.
2. iCen Harbarger - regarding the level of funding for the Sheriff,
3. Glenn Miller - regarding the level of funding for the Sheriff.
4. Norma Smith - regarding the level of funding for the Sheriff,
5. Lewis Forbes - regarding the level of funding for the Sheriff.
Page 210
August 14, 1984
August l4, 1984
84-658 6. Nell Lind - regarding the level of funding for the Sheriff, and
(Cont'd) presenting petitions to rescind Board's and Judge Warren's
• pay increases.
7. Glenn Miller - regarding the level of funding for the Sheriff.
8. Bob Evans - regarding the level of funding for the Sheriff.
** 9. Norma Smith -- regarding the budget and the amount allocated for
00 child abuse.
10. Bob Evans - regarding the need for advisory groups and
counseling services,
11. Sheriff Brooks - regarding meeting referred to by prior speakers,
and wording on the ballot measure
12. Joe Schons - regarding Supervistirs'salaries.
13. Lea Battle - regarding Supervisors' duties being a full-time job.
14. Cindy Schons - regarding the budget.
15. Glenn Miller - regarding chemicals in the water.
$4-659 Consideration of Community Action Agency status report re "De-Greening."
(1209)
Motion: ADOPT ADMINIS'I'RATTVE OFFICE'S RECOMMENDATIONS TO PHASE OUT THE
COMMUNITY ACTION AGENCY AND REVIE[nT THE STATUS OF THE CAA AFTER
A THREE YEAR PERIOD.
M S
Vote: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
84-660 Continued hearing - Barnhart-Brown & Associates - appeal of Condition
(1401 No. 3 (requirement of SC 250 prime coat which is a requirement of the
RS-7A road standard) for Cynthiann tentative subdivision, AP 27-07-59
six parcels, property located approximately one-half mile north of the
intersection of Bohemia Avenue and Cynthiann bane, Oroville area.
Motion: UPHOLD APPEAL
M S
Vote: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
(STAFF TO BRING FORWARD MECHANISM-. NECESSARY TO CHANGE THE ROAD
STANDARD. MORE INFORMATION REQUESTED FROM LAND DEVELOPMENT STUDY
COMMISSION AS TO WHY RECOMMENDATION WAS MADE.)
Page 211
August 14, 1984
August 14, 7.984
84-661 Additional item:
1. Mr. Nichols requested the Board to set a public hearing date
for Lippincott-Guth Associates appealing the Advisory Agency's
Condition #9 on Gr-,ove Ranches .parcel map in the ~agalia area.
Motion: SET PUBLIC HEARING DATE POR AUGUST 2$, 1984, AT 10:45 A.M.
M S
Vote: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
ADJOURNMENT: There being nothing further before the Board at this
time the meeting was adjourned at 12:1.4 p.m.
z
~/L~~~i;2.fi
Chairman, Board of Supervisors
ATTEST:
MARTTN J. NICHOLS
Chief Administrative Officer and
Cler~C~of the Board of Supervisors
BY = %~( ~-mss s~~~ f~.~-- - - - -
Deputy/Clerk
Page 212
August l4, 1984