HomeMy WebLinkAboutM103084October 30. 1984
Call to order - Board of Supervisors Roam, County Administration
Building, 25 County Center Drive, Oroville.
Present: Supervisors Dolan, Moseley, wheeler and Chairman Saraceni;
Martin J. Nichols, chief administrative officer; Del Siemsen, county
counsel; and Rubye Townsley, deputy- clerk of the Board.
Absent: Supervisor Fulton.
Pledge of allegiance to the Flag of the United States of America.
Invocation - Supervisor Moseley.
84-751 Additional items from Board members to be addressed at the end of the
day:
1. Supervisor Wheeler requested that a resolution .and certificate..of
appreciation be sent to Frank Mertz, retiring general manager of KPAY.
Motion: ADOPTED RESOLUTION 84-172; APPROVED CERTIFICATE OF APPRECIATION.
S M
Vote: l Y 2 Y 3 Y 4 Y 5 AB (Motion carried)
2. Supervisor wheeler wanted to discuss a matter concerning the county's
requirement that a previously paved road be repaved by an individual.
3. Supervisor Wheeler wished to discuss a petition for refund of
monies.
84-752 Items removed from the Consent Agenda for separate consideration.
1. Amended Ed Hunsaid item to reflect that the hearing would be set
for November 27 at 10:30 a.m. rather than 10:00 a.m.
Page 300
October 30, 1984
84-752 2. Affirmative Action Plan - the Personnel Director submits the assessment
(Cont'd) of the 1984 Affirmative Action Plan and a recommended plan for 1985.
84-753 Consent Agenda
(71)
1. Approval of minutes - October 23,.19$4. APPROVED MINUTES.
2. Budget transfer. APPROVED BUDGET TRANSFER B-59•
3. Penalty abatement requests - change of ownership reports. APPROVED
THE FOLLOWING PENALTY ABATEMENT RE4UESTS: ANGELITA G. BILLER,
AP 028-08-0-022-0; PENNIMAN TITLE COMPANY, INC., AP 041-05-0-105-0;
JANE S. MATSON, ET AL, AP 008-52-0-003-0; MICKEX LaROSE, AP 062-
19-0--008-0; MR. AND MRS. TRACY M. HADAWAY, AP 026-13-6~-006-D;
CENTRAL BANK, LOAN PRODUCTION CENTER, AP 064-50-0-065-0;
THOMAS H. MARRON, AP 047-13-0-152-0; MR. AND MRS. CLIFTON NUCHOLS,
AP 001-D2-7-013-0; SECRETARY OF HOUSING & URBAN DEVELOPMENT,
AP 031-31-0-066-0; NORMAN F. ALVIS, AP 062-04-0-208-0; KENNETH N.
NAAS, AP 004-26-1--008-0; ELENORE WEISKER, AP 041-47-0--041-3;
MR. AND MRS. DOYLE F. GREGORY, AP 052-09-041-0; MR. AND MRS.
KENNETH E. BABCOCK, AP 066-28-0-020-0; M/M DONALD D. DIRKS,
AP 012-D3-2-002-0; ALLEN E. HOUGH, AP 036-42-0-026-0; STATE SAVINGS
& LOAN ASSOCIATION, AP 008-44-0-009-0, 008-44-D-044-D; 008-44-0-046-0,
008--44-0-044-0, 008--44-0-059-D; OROVILLE NELSON ASSOCIATES, AP 031-
17~-2-003-D; DONALD R. TRAVERS, AP 054-OS-0-061-0, 066-03-0-037-0,
065-23-0-001-0; MR. AND MRS. NORMAN JUE, AP 039-32-D-049-0 (Serial
Nos. 84-16869 & 70). DENIED THE FOLLOWING: MR. AND MRS. BILL
HOLLOWAY, AP 013-19-0-043-0; PAUL A. COONTZ, AP 052-23-8-O1D-0.
4. GDA Engineering - on behalf of Charles Johnson and Don Reich, appeals
the Advisory Agency's denial of tentative parcel map {proposed
mitigated negative declaration regarding environmental impact) to
create three parcels on the southeast corner of LaPorte Road and
Loma Rica Road, Bangor area. PUBLIC HEARING DATE SET FOR
NOVEMBER 13, 1984, AT 10:15 A.M.
5. Ed Hunsaid - proposed negative declaration regarding environmental
impact and rezone from TM--5 to TM-1 {timber mountain -- 1 acre parcels)
located on the west side of Nopel Drive, approximately 1600 ft.
southeast of Highway 32, identified as AP 63-09-18, Forest Ranch.
PUBLIC HEARING DATE SET FOR NOVEMBER 27, 1984, AT 10:30 A.M.
Page 301
October 30, 1984
84-753
(Cont'd) 6. Michael and Lynette Miller - proposed negative declaration regarding
environmental impact and rezone and development agreement from R-3
(medium density residential) to R-4 (maximum density residential
restricted service} to allow a residential care home on property
located at the end of Kovac Court,-east of Cohasset Highway, 275
feet south of Frontier Circle, AP 48-40-7, Chico. PUBT,TC HEARING
DATE SET FOR NOVEMBER 27, 19$4, .AT 10:15 A.M.
7. Community Action Agency Executive Director merit increase. APPROVED
MERIT INCREASE FROM! RANGE 23, .STEP B, TO RANGE 23, STEP C, TO BE
EFFECTIVE SEPTEMBER 20, 1984.
8. Acquisition of equipment - Welfare Accounting System - Welfare
Director requests the purchase of six Uniterm 100 personal computers
to use as terminals for the Welfare Accounting System rather than
leasing as presently funded in the budget, Budget Transfer 8-59
has been prepared to provide the necessary appropriation. AUTHORIZED
AC4UTSITION OF FIXED ASSETS.
9. 1984-85 federal aid secondary and state highway matching funds
apportionment - a resolution has been prepared accepting the apportion-
ment covering state and FAS revenue as follows: federal aid secondary
funds, $3b1,020 and state highway matching funds, $100,000. ADOPTED
RESOLUTION 84-173 AND AUTHORIZED THE CHAIRMAN TO SIGN.
10. Connerly & Associates, Inc., contract amendments - Amendments 3 and
4 have been prepared to the July 26, 1983, agreement with Cannerly &
Associates providing for increased compensation of $.5,650 per month
for the period October 1, 1984, through September 30, 1985, as part
of the 1984-85 Community Development Block Grant Program in Chap-~
mantown, and also contains provisions for default and termination.
APPROVED CONTRAC'T' AMENDMENT5 3 AND 4 AND AUTHORIZED THE CHAIRMAN TO
SIGN.
11. Community Action Agency -- acceptance of Contract Amendment 2 to
Contract 83-838-703 - the amendment to the contract with the State
Office of Economic Opportunity covers only technical changes in
reporting format and does not impact funds or operations. ACCEPTED
CONTRACT AMENDMENT 2 AND AUTHORIZED THE CHAIRMANV TO SIGN.
12. Community Action Agency - Amendment 1 to Contract 84-852-605 -the
amendment with the State Office of Economic Opportunity far the
agency's Energy Weatherization Contract extends the termination date
from September 30, 1984, to March 31, 1985. APPROVED CONTRACT
AMENDMENT 1 AND AUTHORIZED THE CHAIRMAN TO SIGN.
Page 302
October 30, 1984
84-753 13. Community Action Agency --Amendment 2 to Grant H-7057 - the
(Cont'd} Department of Health and Human Services has awarded the sum of
$4,550 to supplement the basic Head Start grant in order to provide
training and technical assistance to staff and parents of the Head
'Start Program. ACCEPTED AWARD.
l4. Communications.
a. Cook and Fite, Sacramento - the developers write indicating
their concern for the migratory deer study and their concern relating
to 40 acre parcels and development fees. ACCEPTED FOR INFORMATION
AND REFERRED TO PLANNING COMMISSION.
b. Land Development Commission - Lee Colby, chairman, writes
concerning proposed revisions of residential zones to comply with
the mandate of the Housing .Element and suggests scheduling of public
hearings, REFERRED TO CI3IEF ADMINISTRATIVE OFFICER AND PLANNING
DIRECTOR TO COORDINATE SETTING OF FUTURE PUBLIC HEARING DATE.
Motion: APPROVED CONSENT AGENDA.
M S
Vote: l Y 2 Y 3 Y 4 Y 5 AB (Motion carried)
Regular Agenda
84-754 Affirmative Action Plan - the Personnel Director submits the assessment
(102) of the 19$4 Affirmative Action Flan and a recommended plan for 1985.
Motion: APPROVED THE 1985 PLAN.
S M
Vote: l Y 2 Y 3 Y 4 Y 5 AB (Motion carried)
84-755 Additional items from Board members.
(235)
1. Supervisor Wheeler had invited some officials from the Chico School
System to speak to the Board regarding Measure G. (TESTIMONY RECEIVED.
MR. NICHOLS REPORTED ON PROPOSITION 36.)
Motion: GAVE SUPPORT TO MEASURE G.
S M
Vote: ]. Y 2 Y 3 Y 4 Y 5 AB (Motion carried)
Page 303
October 30, 1984
Regular Agenda
84-756 Presentation by Jim Patterson, president, .Durham Rotary Club concerning
(75i} reconstruction of Putney Street in Durham.
Motion: APPROVED CERTIFICATES OF APPRECIATION FOR MR. PAfiTERSON
AND DURHAM ROTARY CLUB.
M S
Vote: l Y 2 Y 3 Y 4.Y 5 AB (Motion carried)
84-757 Reporrt from Director of .Public Works on the need to update the County
(1005) Solid Waste Management Plan and request to authorize issuance of Request
for Proposals to update the plan.
Motion: GAVE APPROVAL fi0 PROCEED WITH THE PLAN UPDATE, AND AUTHORIZED
PUBLIC WORKS DIRECTOR fib OBTAIN RFP's; TO COOPERA'PE WITH-THE
PROPOSED RECYCLING SOLID WASTE COMMITTEE.
M S
Vote: l Y 2 Y 3 Y 4 Y S AB (Motion carried)
84~-758 SB 813 - report on the costs of administration of the supplemental ral~.,
(1104)
Motion: AUTHORIZED THE CREATION OF THE ADDITIONAL POSITIONS AND
RE{~UESTED PERSONNEL DIRECTOR TO MAKE RECOMMENDATIONS ON THE
APPROPRIATE CLASSIFICATIONS.
S M
Vote: l Y 2 Y 3 Y 4 Y S AB (Motion carried)
Motion: AUfiHORZZED CHIEF ADMINISTRATIVE OFFICER TO PURSUE APPROPRIATE
LEGISLATION.
M S
Vote: l Y 2 Y 3 Y 4 Y 5 AB (Motion carried)
84-759 Report from Chief Administrative Officer in support of membership
(1277) in the CSAC Wor~sers' Compensation Reform Project.
Motion: AUTHORIZED MEMBERSHIP IN THE CSAC WORKERS' COMPENSATION REFORM
PROJECT AND APPROVED A $10,000 CONTRIBUTION FROM THE COUNTY
WORKERS' COMPENSATION FUND: $5,000 TO BE PAID IN 7.984-85 AND
$5,000 IN 1985-86.
5 M
Vote: l Y 2 Y 3 Y 4 Y 5 AB (Motion carried}
Page 304
October 30, 1984
84-760 Consideration of request by Airport Land Use Commission for $30.00
(1358) per member per meeting and authorization for mileage expense. (NO
ACTION TAKEN. COUNSEL ADVISED EXISTING POLICY PROVIDES FOR TRAVEL
EXPENSES.)
84-761 Additional item:
{1450)
1. A report was given by Lynn Vanhart, Environmental Health Director,
and Mr. Grant, from Cal 'Water, regarding pollutants recently found
in some Chico wells.
RECESS: 9:57 a.m.
RECONVENE: 10:07 a.m.
Public Bearings and Timed Items
84-762 Board of Supervisors (Compton, Trott and Scarlett) - proposed negative
(1804) declaration regarding environmental impact and rezone from A-R
(agricultural-residential) to R-3 (medium density residential) on
property located on the east side of Cussick Avenue, 400 feet north of
East Avenue, identified as AP 42-45-24, 25, 26, 27 and 28, Chico.
(CONTINUED TO NOVEMBER 6, 1984, AT 10:45 A.M.)
84-763 Robert Bockrath - proposed negative declaration regarding environmental
(2575) impact and rezone from SR-1 (suburban residential - l acre parcels)
to S-R (suburban residential) on property located at the southwest corner
of Forest Avenue and East 8th Street, identified as AP 46-26-104 and
l0$, Chico.
Motion: NOTED THAT THE REQUIREMENTS OF CEQA HAVE BEEN COMPLETED AND
CONSIDERED IN MAKING THIS DECISION; ADOPTED A NEGATIVE DECLARA-
TION OF ENVIRONMENTAL IMPACT; FURTHER FOUND THAT THE PROJECT
DOES CONFORM TO THE BUTTE COUNTY GENERAL PLAN AND POLICIES;
ADOPTED ORDINANCE 2436 REZONING FROM 5R-1 TO SUBURBAN -
RESIDENTIAL THAT PROPERTY LOCATED AT THE SOUT~7EST CORNER OF
FOREST AVENUE AND EAST 8TH STREET, AP 46-26-I04 - ROBERT
BOCKRATH.
S M
Vote: l Y 2 Y 3 Y 4 Y 5 AB (Motion carried)
Page 305
October 30, 1984
84-764 Board of Supervisors - amendment to the Butte County Code (item determined
{2685) to be categorically exempt from~envirorimental review) to amend Section
24-304 to allow a temporary mobile home as a second dwelling in all zones
allowing residential uses. (CONTINUED TO NOVEMBER 13, 1984, AT 10:30 A.M.)
Regular Agenda
84-755 Report from Planning Commission regarding General Plan amendment -
{2919} Thomas Reed (from 9/24/84). (CONTINUED TO NOVEMBER 27, 1984, TO SET
PUBLIC HEARING DA'T'E. }
Public Hearings and Timed ztems
84-765 Continued hearing - Thomas Reed, et al - appeals the Planning Commission's
(2987} denial of a rezone (item on which a negative declaration regarding environ-
mental impact has been recommended) from SR~-3 (suburban residential - 3
acre parcels) to M-L (light industrial), property located on the north
side of Thorntree Drive from approximately 600 feet east of Cohasset
Road, identified as a portion of AP 48-O1-17, 20, 21, 22 and 23, more
particularly described as: the easterly 795 feet of the SE 1/4 of the
SW 1/4 of Sec. 2, T22N R1E MDB&M and the southerly 920 feet of the SE 1/4
of the Sw 1/4 of said Section 2, containing 52.14 acres, more. or less,
Chico (from 9/24/84). (CONTINUED TO NOVEMBER 27, 1984, AT 10:45 A.M.)
Regular Agenda
84-757 Report from Planning Commission on development agreement, South Fork
(3064) Developers (from 10/9/84}, (PLANNING COMMISSION WAS UNABLE TO HEAR
** THIS MATTER ON OCTOBER 25, 1984, FOR LACK OF A QUORUM.)
00
Motion: REQUESTED REPORT FROM PLANNING COMMISSION IN TIME FOR BOARD
TO SCHEDULE PUBLIC HEARING DATE FOR NOVEMBER 27, 1984.
M S
Vote: l Y 2 N 3 Y 4 Y 5 AB {Motion carried)
84-768 Status report on County Service Area 87 (Supervisor Wheeler) (from
{95} 10/9/84}. (REPORT RECEIVED. NO ACTION TAKEN.)
Page 306
October 30, 1984
Closed Hearings
84-769 R. Miles A11en - appeal of the requirement for an environmental impact
(210) report for a General Plan amendment from orchard and .field crop to
agricultural-residential on property located on the east side of McAnarlin
Avenue, 1/2 mile south of Roble Road, identified as AP 39-23-110, Durham
{from 10/16/84).
Motion: UPHELD APPEAL; DIRECTED STAFF TO PREPARE A NEGATIVE DECLARATION,
FINDING THE GENERAL PLAN AMENDMENT WOULD NOT HAVE A SIGNIFICANT
EFFECT ON THE ENVIRONMENT.
S M
Vote; l Y 2 N 3 Y 4 Y 5 AB (Motion carried)
84-770 Board of Supervisors (South Fork Developers) - General .Plan amendment
(250} ~ from orchard and field crap to agricultural - residential on property
zoned "A-2" (general}, located an the east side of Midway at Mary Bill
Ranch Road, two miles south of Chico, identified as AP 40-02-116 (from
10/23/84). (SUFERVTSOR WHEELER READ THE PROPOSED RESOLUTION 84-174 INTO
THE RECORD.)
Motion: ADOPTED RESOLUTION 84-174, APPROVING GENERAL PLAN AMENDMENT.
M S
Vote: l Y 2 N 3 Y 4 Y 5 AB {Motion carried)
84-771 South Fork Developers (Bill Cattingham) -appeal the Planning Commission's
(621) denial of a rezone (item on which an environmental impact report was
previously certified) from "A-2" (general) to "PUD" (planned unit develop-
ment) to develop a 110-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 (from 10/23/84). (CONTINUED; TO SE CONSIDERED
WITH Tt~E 11:30 TIMED HEARING ON THE SUBDIVISION MAP,)
Fublic Hearings and Timed Items
$4-772 Recognition of persons wishing to speak.
{672)
1. Allen R. Kennedy - regarding ballot proposition pamphlets mailed
to individuals.
2, Nell Lind - concerning Measure B.
-Page 307
October 30, 1984
84--772
(Cont'd)
84-773
(2352)
~**
000
84-774
(65)
3. Cindy Schons - regarding inadequate Sheriff's Department response
to matter of armed men adjacent to her property.
Motion: REQUES'T'ED REPORT FROM SHERIFF'S DEPARTMENT AS SOON AS POSSIBLE.
S M
Vote: l Y 2 Y 3 Y 4 Y 5 AB (Motion carried)
4. Joe Schons - concerning off-agenda-item on Proposition 36.
5. Glenn Miller - regarding lack of law enforcement in Butte County.
6. George Robison - regarding inconsistency in water well ordinances
dealing with parcel maps and subdivision maps. (REPORT
FROM DR. RAITT REQUESTED.}
7. Louis Camenzind, Jr. - requesting investigation into Planning
Commission's lack of a quorum to hear the South Fork
matter.
Presentation to the Board of Supervisors from State Department o~ Finance
regarding CDF Schedule A Contract. {REPORT RECEIVED.)
South Fork Developers (Bill Cottingham) - consideration of tentative
subdivision map {item on which an environmental. impact report was
previously certified), AP 40-02-116, 110-lot residential development on
110 acres, property located on the east side of Midway at Mary Bi11
Ranch Road, Chico.
Closed hearing - South Fork Developers (Bill Cottingham} - appeal the
Planning Commission's denial of a rezone (item on which an environmental
impact report was previously certified) from "A-2" (general) to "PUD"
(planned unit development) to develop a 110-lot residential development
on 110 acres, property located an the east side of Midway at Mary Bill
Ranch Road, identified as AP 40-02-116, Chico (CONTINUED FROM EARLIER
IN THE MEETING - MINUTE ORDER 84-771)
RECESS: 12:08 p.m.
RECONVENE: 1:34 p.m.
Motion: THE BOARD, HAVING READ AND CONSIDERED THE ENVIRONMENTAL IMPACT
REPORT PREPARED FOR THE WITHDRAWAL OF THE PROPERTY IN QUESTION
FROM LAND CONSERVATION AGREEMENT, THE COMMEN'T'S TO THAT ENVIRON-
MENTAL DOCUMENT FOR THIS PROJECT AND THE RESPONSES PREPARED BY
STAFF, FOUND THAT THE ENVIRONMENTAT, DOCUMENT IS ADEQUATE AND
HAS BEEN COMPLETED IN COMPLIANCE WITH THE REQUIREMENTS OF
CEQA; INCORPORA'T'ED HEREIN BY REFERENCE, AND APPROVED, THE
MITTGATTON MEASURES, THE FINDINGS AND DETERMINATIONS OF
Page 308'
October 30, 1984
$4-774 OVERRIDING CONSIDERATIONS,.ATTACHED AS EXHIBIT S, MADE BY
(Cont'd) THE BOARD OF SUPERVISORS TN APPROVING THE WITHDRAWAL OE THE PROPERTY
FROM THE LAND CONSERVATION AGREEMENT; FOUND THAT THE PROPOSED
'PUD ZONE AND TENTATIVE SUBDIVISION MAP ARE CONSISTENT WITH THE
TEXT AND THE POLICIES OF THE BUTTE GOUNTY GENERAL PLAN, THE
AGRICULTURAL RESIDENTIAL LAND USE CATEGORY OF THE LAND USE
ELEMENT, AND MORE PARTICULARLY, TS CONSISTENT WITH THE CHICO
AREA LAND USE PLAN AND MAP AS AMENDED; ADOPTED ORDINANCE 2437
REZONING AP 4Q-02-116 FROM A-2 (GENERAL} TO PUD (PLANNED UNIT
DEVELOPMENT), SUBJECT TO TT3E CONDITIONS AS SET FORTH IN THE STAFF
FINDINGS FROM THE PLANNING DEPARTMENT DATED AUGUST 2, 19$4;
APPROVED THE TENTATIVE SUBDIVISION MAP SUBJECT TO 'T'HE CONDITIONS
AS SET OUT IN THE PUD.
M S
Vote: l Y 2 N 3 Y 4 Y 5 AB (Motion carried}
$4-775 Presentation .to the Board of Supervisors-from State Department of
(1051) Finance regarding CDF Schedule A Contract.
Motion:. AUTHORIZED CHIEF ADMINISTRATIVE OFFICER TO SEND A LETTER TO
THE STATE DIRECTOR OF FINANCE STRONGLY SUPPORTING THE CONTINUED
AUTHORITY FOR COUNTIES TO CONTRACT WITH CDF FOR LOCAL FIRE
SERVICES.
M S
Vote: l Y 2 Y 3 Y 4 Y 5 AB (Motion carried)
CLOSED SESSION: The Board recessed at 2:15 p.m. for a closed session
on litigation.
RECONVENE: The Board reconvened at 2:26 p.m. (SEE FOLLOWING MINUTE
ORDER.)
$4-776 Report on closed session.
(lla4)
Motion: AUTHORIZED OUTSIDE COUNSEL FOR THE COOPERS LAWSUIT AT A MAXIMUM
OF $55.00 PER HOUR FOR THE SHERIFF.
M S
Vote: l Y 2 Y 3 Y 4 Y
5 AB (Motion carried)
Page 309
October 30, 19$4
ADJOURNMENT: There being nothing further before the Board at this
time the meeting was adjourned at 2:27 p.m, to reconvene on
November 6, 3.984, at 9:00 a.m.
~~.~
L~ ,
Chairman, Board of Supervisors
ATTEST:
1++jARTIN J. NTCHOLS
Chief Administrative Officer and
Cler of the Boa of Supervisors
Sy
Page 310
October 30, 1984