HomeMy WebLinkAboutM100284October 2, 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; Bel Siemsen,
county counsel, by Harvey Wallace, deputy county counsel; and Rubye
Townsley, deputy clerk of the Board.
Pledge of allegiance to the Flag of the United States of America.
84-679 Additional items from Board members to be addressed at the end of the
day.
1. Supervisor Wheeler wanted to comment on recent water legislation.
2. Supervisor Dolan wanted to report on Water Resources Control Board
meeting.
84-680 Items removed from Consent Agenda for separate consideration:
1. Approval of minutes - September 25, 1984.
84-681 Consent Agenda
1. Resolution of appreciation - Robert L. Robinson. ADOPTED
RESOLUTION 84-159 AND AUTHORIZED THE C~TAIRMAN TO SIGN.
Z. Ron Graves & Associates - on behalf of Carl Ritchey, appeal the
Advisory Agency's denial of a tentative parcel map (item for which
a mitigated negative declaration had been reocmmended), AP 71-01-99,
to create four parcels of 10 acres + each on the corner of Deer Meadow
Road and Dounacountre Lane, approximately 3000 feet southwest of the
intersection of Deer Meadow Road and Encina Grande Road, Berry Creek
area. PUBLIC HEARING DATE SET FOR OCTOBER 16, 1984, AT 11:15 A.M.
Page 262
October 2, 1984
84-681 3. G.D.A. Encingeering - on behalf of Terry Greerty appeals the
(Cant'd} Advisory Agency's denial of a tentative parcel map (item on which
previously certified environmedtal impact reports are being utilized},
AP 28-17-07 and 72-39-03. 20 parcels, approximately 1000 feet north
of the intersection of Hurleton-Swedes Flat Road and Swedes Flat
Road, Swedes Flat area. PUBLIC HEARING DATE 5ET FOR OCTOBER 16,
1984, AT 11:30 A.M.
4. Neil McCabe - attorney at law - on behalf of Chico Unified School
District, appeals the Advisory Agency's approval of Richard Ramsey
tentative parcel map (item on which a proposed negative declaration
was recommended), AP 42-D5-67, two parcels, property located
approximately 600 feet east of the intersection of Muir Avenue
and Bell Road on the south side of Beil Road, Chico area. PUBLIC
HEARING DATE SET FOR OCTOBER 23, 1984, AT 10:30 A.M.
5. Neil H. McCabe, attorney at law - on behalf of Chico Unified School
District, appeals the Advisory Agency's approval of Patrick McGorky
tentative parcel map (item on which a proposed mitigated negative
declaration was recommended), AP 63-09-30 (portion), two parcels,
property located approximately 400 feet southeast of the intersection
of Clearcut Lane and Nopel Avenue, Forest Ranch area. PUBLIC HEARING
DATE SET FOR OCTOBER 23, 1984, AT 10:30 A.M.
6. Board of Supervisors (Compton, Trott and Scarlett) - 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. PUBLIC HEARING DATE SET FOR OCTOBER 30,
1984, AT 10:00 A.M.
7. Robert Bockrath - proposed negative declaration regarding environ-
mental impact and rezone from SR-1 (suburban residential - 1 acre
parcels) to S-R (suburban residential) on property located at the
southwest corner of Forest Avenue and East 8th Street, identified
as AP 46-26-104 and 105, Chico. PUBLIC HEARING DATE SET FOR
OCTOBER 30, 1984, AT 10:15 A.M.
8. Board of Supervisors - amendment to the Butte County Code (item
determined to be categorically exempt from environmental review)
to amend Section 24-304 to allow a temporary mobile home as a
second dwelling in all zones allowing residential uses. PUBLIC
HEARING DATE SET FOR OCTOBER 30, 1984, AT 10:30 A.M.
Page 263
October 2, 1984
84-681 9. Consideration of implementing industrial development bond authority
{Cont'd} in Butte County. PUBLIC BEARING DATE SET FOR OCTOBER 23, 1984,
AT 10:QO A.M.
10. Scheduling of Board meetings. APPROVED MEETING SCHEDULE CHANGE5
TO MEET ON NOVEMBER 13 AND CANCEL NOVEMBER 20 MEETING IN RECOGNITION
OF THANKSGIVING HOLIDAY SEASON.
I1. Penalty abatement requests - change of ownership reports. APPROVED
THE FOLLOWING PENALTY ABATEMENT REQUESTS AS SUBMITTED: MR, & MRS.
WAYNE R. SMITH, AP 068-04-0-064-0, MR. & MRS. PETER G. HOUTMAN,
AP 051-13-2-115-0, ELIZABETH A. FABELA, AP 035--16-5-020-0 AND 021-0,
JEFFERY C. PALMER, AP 001-02-2-012-0, CHARLES 0. & RUTHANNE LINDSAY,
AP 041-42-0-045-0, MR.& MRS. KARL F. SCHMTDT, AP 071-05-0-050-0,
MICHAEL M. MORAN, AP 005-03-3-020-0, MR. AND MRS. MICHAEL E. LANE
AND MR. AND MRS. GEORGE BECKERTNG, AP 048-41-0-073-0, MR. AND MRS,
STEVEN A. MORELAND, AP 040--48-D-015-~0, ri+~R. AND MRS. RANDY K. BARKER.
AP 050-41-0-001-O,.OTTO M. POPOVICH, AP 050-41-0-002-0, MR, AND MRS.
JAMES PTLUSO, AP 042-10-0-010-0, MR. AND MRS. RODNEY L. WILSON,
AP Q25-02-0-027-0, BARRY AND JOANNA SVENDSEN, AP 052-01-0-088-0,
LINDA LUCERO, REALTY COUNSEL, AP 004-27-4-003-0, MANUEL LA JUENESSE
AND CHRISTINA LA JUENESSE, AP 071-24-0-025-0, MR. & MRS.
PETER G. HOUTMAN, AP 051-13-2-114-0, HOWELL V. CAULKINES AND
LISA B. CHRISTENSEN, AP 048-08-2-075-0, RONALD G. McALISTER,ET AL,
MIKE L. & LUPE C. HAGELSTEB, AP 048-41-0-054-0, DENY THE FOLLOWING
PENALTY ABATEMENT REQUESTS AS SUBMITTED: M/M PATRICK J,. BURGESS,
AP 066-10-0-008-0, DENNIS J. CRUMB, AP 003-04-2-004-0.
12. Final map -- Leco professional complex condominium conversion
AP 36-37-26, one lot with three existing commercial units on
the northeast corner of Monte Vista Avenue and Farley Street,
Oroville area. {Note: There is no subdivision agreement to sign
since there is no construction required as part of the condominium
conversion}. ACCEPTED DEPOSIT BY DEVELOPER FOR TAXES OR SPECIAL
ASSESSMENTS WHICH ARE A LIEN SUT NOT YET DUE OR PAYABLE AND APPROVED
THE FINAL MAP.
13. Norris M. Goodwin, attorney at law - an behalf of Mr, and Mrs.
Floyd Cox, submits a claim in the amount of $60,000 as a result of
alleged damages to property during the reconstruction and resurfacing
of Upper Palermo Road {6428 Upper Palermo Road}. REJECTED CLAIM
AND REFERRED TO COUNTY COUNSEL AND RISK MANAGEMENT COORDINATOR.
14. Charles F. Lueder, attorney at law - on behalf of Tanya Cooper, et
aI (minors), submits a claim totaling $4,000,000 as a result of
alleged damages for personal injuries in the Forbestown area on
or about September 20, 1984. REJECTED CLAIM AND REFERRED TO COUNTY
COUNSEL AND RISK MANAGEMENT COORDINATOR.
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October 2, 1984
84-681 15. General assistance fair hearing referee agreement - an agreement
(Cont'd) has been prepared with Leo A. Battle, attorney at law, for the
conduct of General Assistance fair hearings in the interim amount.
of $75,00 per fair hearing. APPROVED AGREEMENT AND AUTHORIZED THE
CHAIRMAN TO SIGN.
84-682
16. Victim/Witness Program lease agreement - a renewal agreement has
been prepared with Mary Reed for the rental of office space
at 170 East Second Avenue in Chico in the amount of $400 per month
covering a two-year period from July 8, 1984, through July 7, 1986.
APPROVED AGREEMENT AND AUTHORIZED THE CHAIRMAN TO SIGN,
17. Fouts Springs Soys Camp Agreement - an agreement has been prepared
with Counties of Solano, Yolo and Colusa for the use of Fouts
Springs Boys Camp far fiscal year 1984-85 in the amount of
$1,269 per month per ward. APPROVED AGREEMENT AND AUTHORIZED
THE CHAIRMAN TO SIGN.
18. JTPA child care contract - an agreement has been prepared with
Valley OaEcs Children's Services in the amount of $33,939 in order
to implement state regulations which require child care services
be coordinated through an agency designated by the Superintendent
of Schools. APPROVED CONTRACT AND AUTHORIZED THE JTPA EXECUTIVE
DIRECTOR TO SIGN.
19. Labor relations agreement -- a Memorandum of Understanding has been
reached with the Butte County Law Enforcement Officers' General
Unit and has been ratified by the law enforcement group. RATIFIED
THE MEMORANDUM OF UNDERSTANDING.
Motion: APPROVED CONSENT AGENDA,
S M
Vote: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
Regular Agenda
Approval of minutes - September 25, 1984.
Motion: APPROVED MINUTES WITH AMENDMENT TO MINUTE ORDER 84-664 THAT
THE MOTION READ, "AUTHORIZED NOTIFICATION TO LAFCo THAT THE
BOARD NO LONGER WISHES TO PROPOSE EXTENSION OF FLOOD CONTROL
POWERS TO CSA 89."
M S
Vote: l Y 2 Y 3 X 4 Y 5 Y (Unanimously carried)
Fage 265
October 2, 1984
84-683 Appointments to the Private Industry Council.
(68)
Motion: APPOINTED BRUCE ALDRIDGE.
M S
Vote: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
84-b84 Report from Director of Environmental Health on request of Calvin Patterson,
[90} 2119 Zuni Avenue, Ch1Cb (AP 43-053-07) for waiver of sewage disposal
ordinance requirement regarding connection to city sewer service.
(from 3/25/84}
Motion: DIRECTED STAFF TO CONSIDER REWRITING THE ORDINANCE TO
ALLOW REPAIRS TO EXISTING SYSTEMS.
M S
Vote: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
(MR. VANHART, ENVIRONMENTAL HEALTH DIRECTOR, TO WORK WITH MR. PATTERSON
ON TEMPORARY 503'~UTIONS TO THIS PROBLEM. )
Motion: DIRECTED STAFF TO WRITE A LETTER TO THE CITY OF CHICO
TNDTCATING CONCERNS REGARDING THE LENGTH OF TIME IT TA~CES,
AND THE COSTS, TO HOOK UP TO TkiE CITY SEWER SYSTEM.
S M
Vote: l Y 2 Y 3 Y 4 Y 5 Y [Unanimously carried)
84-585 Report from County Counsel regarding "Special Grand Jury.'.' (from 9/25/84}
(319) (REPORT RECEIVED. NO ACTION TAKEN.)
84-b86 Consideration of establishing fees for development agreements.
(368}
Motion: ADOPTED RESOLUTION $4-160 ESTABLISHING A FEE OF $509.
S M
vote: 1 N 2 Y 3 Y 4 Y 5 Y (Motion carried)
84-6$7 Report regarding inquiry on specific plan .for Bidwell Heights.
[495) [REPORT GIVEN FOR INFORMATIONAL PURPOSES ONLY.)
84-588 Report on letter from Gerald de Roca regarding Airport Land Use
(570) Commission. (from 9/24/84) [INFORMATIONAL LETTER TO BE SET7T TO
MR. D~ Roca.)
84-689 Report from Chief-Administrative Officer on implementation of data
605) processing strategy.
Page 266
October 2, 1984
84-689 Motion: AUTHORIZED ADMINISTRATIVE OFFICER TO NEGOTIATE WITH MAIN HURDMAN
(Cont'd) UNDER EXISTING AGREEMENT TO DEVELOP THE .PRELIMINARY PROPOSAL
FOR A COUNTY DATA PROCESSING DEPARTMENT.
M S
Vote: I Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
84-690
(754) Report from Chief Administrative Officer on Measure S .(law enforcement
funding advisory measure). (REFORT RECEIVED. ND ACTION TAKEN.)
84-691 Workshop on Proposition 35 and Proposition 41. .
(791)
Motion: OPPOSED PROPOSITION 36.
S M
Vote: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
(DISCUSSION OF PROPOSITION 41 TO BE ON NEXT WEEK'S AGENDA.)
RECESS: 10:06 a.m.
RECONVENE: 10:20 a.m.
Public Hearings and Timed Items
84-692 Eldon Sutton - appeals the Planning Commission's denial of a use: permit
(1969) (item on which a negative declaration regarding environmental impact has
been recommended) to allow open storage_ and mini-storage as a home
occupation on property zoned A-5 (agricultural -- 5 acre parcels} located
on the north side of Cosby Avenue, identified as AP 29-47-03, Chico.
** (CONTINUED CLOSED TO OCTOBER 9, 19$4.)
00
84-693 Dave Jones ~ appeals the Planning Commission's denial of a use permit
(100) -(item determined to be categorically exempt from environmental review)
to allow a two-story duplex an property zoned A-R (agricultural
residential) located on the west side of Linden Street, approximately
300 feet south of East 9th Street, identified as AP 46-093-27, Chico.
Motion: NOTE. THAT PROJECT TS CATEGORICALLY EXEMPT FROM ENVIRONMENTAL
REVIEW; FIND THAT THE PROPOSED USE WOULD IMPAIR THE INTEGRITY
AND CHARACTER OF THE ZONE IN WHICH THE LAND LIES; USE PERMIT
TO ALLOW A DUPLEX BE DENTED.
M S
Vote: I N 2 Y 3 N 4 N 5 Y (Motion failed.)
Page 267
October 2, 1984
84-693 Motion: NOTED THAT THIS PROJECT IS CATEGORICALLY EXEMPT FROM ENVIRON-
{Cont,'d} MENTAL REVIEW; FOUND THAT THE :PROPOSED USE OF THE PROPERTY WILL
NOT IMPAIR THE INTEGRITY AND CHARACTER OF THE ZONE IN WHICH THE
LAND LIES AND THAT THE .USE WOULD NOT BE UNREASONABLY INCOMPATIBLE
WITH, OR INJURIOUS TO SURROUNDING PROPERTIES OR DETRIMENTAL
TO THE HEALTH AND GENERAL WELFARE OF THE PERSONS RESIDING OR
WORKING TN THE NEIGHBORHOOD OR TO THE GENERAL HEALTH, WELFARE
AND SAFETY OF THE COUNTY; APPROVED USE PERMIT WITH CONDITIONS
1 THROUGH 7, AS OUTLINED IN MEMO FROM PLANNING DATED
SEPTEMBER 25, 1984.
M S
Vote: l Y 2 N 3 Y ~# Y 5 N (Motion carried)
84-694 R.F.C. Surveyors - on behalf of Harold Urness, appeals the Planning
(372) Commission's denial of a rezone (item on which a negative declaration
regarding environmental impact has been recommended) from R-3 (medium
density residential) to PUD (planned unit development) on property
located on the west side of Goodspeed Avenue, 350 feet north of Serviss
Street, identified as AP 4024-62, Durham.
Motion: FOUND THAT THE REQUIREMENTS OF CEQA HAVE BEEN COMPLETED AND
CONSIDERED TN MAKING THIS DECISION; ADOPTED A NEGATIVE
DECLARATION; AND FOUND THAT THE PROJECT MEETS THE REQUIREMENTS
OF Ti~iE BUTTE COUNTY CODE SECTION 24-49 SPECIFICALLY, GRANTING
OF THE VARIANCE SHALL NOT CONSTITUTE A SPECIAL PRIVILEGE, AND
SECTION 24-126 SUBSECTION E (2) AND THE REQUIREMENTS OF THE
HOUSING AND LAND USE ELEMENTS; ADOPTED ORDINANCE 2433 REZONING
FROM R-3 (MEDIUM DENS3TY RESIDENTIAL} TO FUD {PLANNED UNIT
DEVELOPMENT) TO ALLOW CONSTRUCTION OF 21 UNITS ON 2.33 ACRES
ON AP 40-24-62 (URNESS) SUBJECT TO CONDITIONS 1 THROUGH 15
AND 17 THROUGH 26, A5 LISTED ON MEMO FROM PLANNING DATED
SEPTEMBER 25, 1984.
S M
Vote: l Y 2 Y 3 Y 4 Y 5 X (Unanimously carried)
84-595 Douglas Starr - appeals the Planning Commission's. denial of a rezone
{1778) {item on which a negative declaration regarding environmental impact
has been recommended) from TM-5 (timber mountain - 5 acre parcels)
to TM-1 (timber mountain - 1 acre parcels} on property located on the
south side of Forest Ranch Road, approximatley 1/2 mile southwest from
#iighway 32, identified as AP 56-28-43, AP 56-36-20-and 21, Forest Ranch
~*~ area.
000
Page 268
October 2, 1984
84-695 Motion: FOUND 'PRAT THE REQUIREMENTS OF CEQA HAVE BEEN COMPLETED AND
(Cont'd} CONSIDERED IN MAKING THIS DECISION AND ADOPTED A MITIGATED
NEGATIVE DECLARATION; FOUND :THAT THE PROJECT COMPLIES WITH THE
REQUIREMENTS OF BUTTE COUNTY 'GENERAL PDF1N. AND BUTTE COUNTY CODE
SECTION 24-27r 24-28 AND 24-174; ADOPTED ORDINANCE 2434 REZONING
WITH CONDITIONS AS AUTHORIZED BY SECTION 24-28 FROM TM-5 TO
TM-1 ON AP 56-28-43, 56-36-20 'AND 21 (DOUGLAS STARK) SUB~7ECT
TO THE FOLLOIWNG MITIGATION MEASURES AND CONDITIONS:
MITIGATION MEASURES:
1. Pay fees as agreed, to C.U.S.C.
2. Install a mutual water system under permit by Department of
Corporations and Department of Environmental Health.
3. Trim brush along the curve of the westerly intersection of
Forest Ranch-Road and Highway 32, the entrance to the school
site; and Schott Road and Highway 32.
4. Apply dust pallative such as Calcium Chloride on non-paved
roads to minimize dust.
5. No site disruption or construction during rainy season.
6. Mulch or reseed exposed soils at onset of rainy season.
7. Gravel or pave all roads.
8. No vegetation or tree removal except for those directly
in the driveways or houses.
9. Homesite fencing limited to 4 or 5 strand barb ware no
lower than 16" nor higher than 48" above ground.
10. Install a swimming pool or water storage of 7500 gal.
minimum with drafting connection or water pump.
11. No shake roofs or exterior shake siding will be allowed,
l2. Clear all dead brush from within 30 feet of homesites and
10 feet of roadways.
13. Construct homesites within 150 feet of the main access road.
CONDITIONS:
14. All parcels to meet minimum usable sewage disposal area and
proof of water pursuant to Butte County Subdivision Ordinance
Chapter 20.
1S. Applicant must also comply with all other applicable state
and local statutes, ordinances and regulations..
M 5
Vote : l Y 2 N 3 Y 4 Y
Page 269
5 N (Motion carried)
October 2, 1984
84-696 Recognition of persons wishing .to speak:
{~25)
1. Nell Lind -- comments regarding .County Counsel's report on~a
'special grand:~ury'.
2. Tom Sorenson - regarding action of the Board last week in granting
relief from accountability for fixed asset items.
3. Stephanie Wyatt - regarding the Lake Madrone Water District.
4. Hamilton k~o1t - concerning Lake Madrone Water District.
5. Glenn Miller - regarding the inventory list of items for which
relief from accountability was granted.
RECESS: 1:02 p.m,
RECONVENE: 2:10 p.m.
(SUPERVISOR MOSELEY ABSENT AT THIS TIME.)
CLOSED SESSION: The Board recessed £or a closed session at 2:11 p.m.
RECONVENE: The Board reconvened at 2:54 p.m. Following a closed session
on litigation and personnel. {SEE FOLLOWING MINUTE ORDER.)
84-697 Report on closed session. {MR. NICHOLS REPORTED THAT THE APPOINTMENT
(1487) OF THE COUNTY AGRICULTURAL COMMISSIONER, WHO IS APPOINTED FOR
A FOUR-YEAR TERM, EXPIRES OCTOBER 21, 1984, AND WAS SEiNG
BROUGHT TO THE BOARD FOR ANY DIRECTION THEY MAY WISH TO GIVE.}
Motion: DIRECTED CHIEF ADMINISTRATIVE C&'FTCER TO SET UP SOME KIND OF
PROCESS WHEREBY MEMBERS OF THE FARM COMMUNITY MAY PROVIDE
INPUT TO THE BOARD THROUGH THE CAO. CHIEF ADMINISTRATIVE
OFFICER DIRECTED TO SORT OUT VALID CONCERNS AND REPORT BACK
TO THE BOARD.
M S
Vote: l Y 2 Y 3 Y 4 AB 5 Y {Motion carried)
84-698 Additional items from Board members:
(1550)
1. Supervisor Wheeler reported on AB 178 which had been signed
into law by the Governor.
Page 270
October 2, 1984
~..
84-698 Motion: DIRECTED A LETTER OF CDNGRATf3LATIONS BE SENT TO ASSEMBLYMAN
(Cont'd) NORM WATERS, AND THE GOVERNOR FOR SIGNING TT, WITH A COPY TO
GO TO THE WATER COMMISSION.
M S
Vote: l Y 2 Y 3 Y 4 AB 5 Y (Motion carried)
(REPORT ON AB 178 TO SE PREPARED BY CHIEF ADMTNTSTRATIVE DFFICER.)
2. Supervisor Dolan reported on the recent meeting of the Regional Water
Quality Control Board. The Board did approve the Supervisors' request
for an extension to March 1 for the Nitrate Action Plan, but will
follow a conservative approach in the meantime regarding approving
any new septic systems. Supervisor Dolan recommended scheduling
at least three workshops to develop the action plan.
3. Mr. Nichols reported that the Governor had signed AB 3400.
Motion: AUTHORIZED LETTER TO BE SENT TO GOVERNOR AND FEOPLE WHO
ASSISTED, THANKING THEM.
M S
Vote 1 Y 2 Y 3 Y 4 AB 5 Y (Motion carried)
ADJOURNMENT: There being nothing further before the Soard at this
time the meeting was adjourned at 3:14 p.m. to reconvene
at 9:00 a.m, on October 9, 1984.
[%f~ {
Chairman, Board of Supervisors
ATTEST:
MARTIN ~'. NICHOLS
Chief Administrative Officer and
Clerk of the Board of Supervisors
By:
Page 271
October 2, 1984