HomeMy WebLinkAboutM110684November 6, 1984
Call to order - Board of Supervisors Room, County Administration
Building, 25 County Center Drive, Oroville.
Present: Supervisors Fulton, 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 Dolan
Pledge of allegiance to the Flag of the United States of America.
Invocation - Supervisor Moseley.
84-777 Additional items from Board members to be addressed at the end of the
aay.
1, Supervisor Wheeler shared with the Board the fact that she had
been appointed as Vice-chair on the National Association of County
Governments Energy and Conservation and Resources Committee at the
national level.
Motion: ACKNOWLEDGED APPOINTMENT AND GAVE SUPPORT TO SUPERVISOR
WHEELER'S EFFORTS.
S M
Vote: l Y 2 AB 3 Y 4 Y 5 Y (Motion carried)
2. Chairman Saraceni announced that Mr. Paul Peterson, Butte County
Economic Development Corporation, was present and. would like to
address the Board. Mr. Peterson announced the resignation of
Dave Schmidt, director.
Motion: ADOPTED RE50LUTION 84~-175 IiV APPRECIATION FOR MR. SCHMIDT'S
YEARS OF SERVICE.
M S
Vote: l Y 2 AB 3 Y 4 Y 5 Y (Mo.tion carried)
Page 311
November 6, 1984
84-778 Items removed from the Consent Agenda far separate consideration.
{139)
1. Approval of minutes - October 30, 1984.
84-779 Consent Agenda
(147}
1. Budget transfers. APPROVED BUDGET TRANSFERS 8--60 AND 8-65.
2. V. Buryl Kramer -- appeal of the Advisory Agency's denial of
tentative parcel map and boundary line modification (item for which
a mitigated negative declaration regarding environmental impact has
been recommended}, AP 71-09-10, three parcels, approximately one mile
north of the Middle Fark Suspension Bridge an the east side of
Oro-Quincy Highway, Oroville area, PUBLIC HEARING DATE SET FOR
NOVEMBER 27, 1984, AT 11:15 A.M.
3. Ran Graves & Associates - on behalf of George Robison, appeal the
Planning Department's Condition #]. pertaining to combining parcels
2 & 3, and clustering development on parcels 1 & 4 on tentative parcel
map (item on which a mitigated negative declaration of environmental
impact has been recommended}, AP 5,1-08-136, four parcels, at the
southeast corner of Green Cedar Way and Bald Rock Road in the Bald
Rock area. PUBLIC HEARING DATE SET FOR NOVEMBER 27, 1984, AT
11:30 A.M.
4. Farris Road - abandonment of road right-of-way for Farris Road,
AP 22-13.7, extending one mile west from the most westerly corner of
Farris Road and a parallel right-of-way 1/2 mile to the north of the
Gridley-Colusa Highway, Gridley. ADOPTED RESOLUTION 84-176 SETTING
A PUBLIC HEARING DATE FOR DECEMBER 4, 1984, AT 10:00 A.M.
5. Butte County Library donation - in accordance with Government Code
Section 25355, a donation of $200 has been made by the Fraternal Order
of Eagles, Chico Auxiliary #218 for the purchase of large print books.
ACCEPTED DONATION.
6. Appointment to the Maternal, Child and Adolescent Health Board.
APPOINTED GERALDTNE REASOR TO SERVE UNTIL MARCH 1985.
7. Airport Land Use Commission (ALUC). AUTHORIZED MEMBERS TO RECEIVE
MILEAGE REIMBURSEMENT.
8. Sales price ~- 1984-85 Final ,Budget. SALES PRICE SET AT $500,
INCLUDING SALES TAX, TO COVER COST OF MATERIAL5.
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November 6, 1984
84-779 9. Change Order #1 - Public Works reroofing - a change order has been
(Cont'd) prepared in the amount of $1,477 far the placement of additional
perforated base sheet over the existing insulation before replacement
of the roof. Funding is to be provided from within the Buildings
and Grounds maintenance budget, APPROVED CHANGE ORDER.
10. Notice of Completion - Pentz Road Reconstruction (from 1.2 miles south
of Country Club Drive to Paradise town limit, approximately 0.1
mile north of Country Club Drive} Project Number 45471-81-1, FAS
03-BUT-CR-RS-Y749(1) - all work on the subject project has been
completed in accordance with plans and specifications. ACCEPTED
PROJECT AND AUTHORIZED FINAL FILING OF NOTICE OF COMPLETION.
11, Chico Redevelopment Project -- Chapmantown - a letter has been prepared
responding to the City of Chico regarding their request for a joint
City/County Redevelopment Agency in Chapmantown. APPROVED LETTER
AND AUTHORIZED DISTRICT 2 AND 3 SUPERVISORS TO SIGN.
12. 1984-85 SB 325 and SB b20 project funding claims -- claims have been
prepared for submittal to the Butte County Association of Governments
for $1,335,997 in SB 325 funds and $30,167 in SB 620 funds for road
and bridge maintenance as included in the budget. APPROVED CLAIM FOR
SUBMITTAL TO SCAG AND AUTHORIZED THE DIRECTOR OF PUBLIC WORKS TO SIGN.
13. Architect's agreement - Addendum 2 to the Architectural Services
Agreement with Gene McFarren covering Butte County Bail facilities
has been prepared to provide for the payment of architectural services
and developing bid alternatives as directed by county. APPROVED
CONTRACT AMENDMENT AND AUTHORIZED THE CHAIRMAN TO SIGN.
14. Unemployment insurance status - a recent court decision rules the
state's requirement far counties to provide unemployment insurance
to be a state-mandated cost subject to Article VIII B, Section 6,
of the Constitution. Direction for counties' action is not yet
clear. AUTHORIZED PERSONNEL DIRECTOR TO WITHHOLD SUBMITTAL OF
PAYMENT CLAIM FOR THE FOURTH QUARTER UNEMPLOYMENT REIMBURSEMENT AND
TO APPEAL THE CHARGES TO THE STATE INSURANCE APPEAL BOARD.
15. Communications.
a. State Fire Marshal - forwards inspection report of Butte County
Juvenile Hall dated June 12, 1984. ACCEPTED FOR INFORMATION,
b. City of Chico - Mayor Ory writes relative to development standards
relating to the nitrate study interim standards. ACKNOWLEDGED.
LETTER AND REFERRED TO CHICO ISSUES COMMITTEE TO BE DISCUSSED AT
INTERGOVERNMENTAL RELATIONS COMMITTEE.
Page 313
November 6, 1984
84-779 I5. Communications. (continued).
(Cont'd)
c. County of Nevada - writes concerning prosecution expenses faced
by the county and request financial participation by Butte. REFERRED
TO CHIEF ADMINISTRATIVE OFFICER, COUNTY COUNSEL AND DISTRICT
ATTORNEY FOR A REPORT AND RECOMMENDATION.
Motion: APPROVED CONSENT AGENDA.
M S
Vote: l Y 2 AB 3 Y 4 Y 5 Y (Motion carried)
Regular Agenda
84-780 Approval of minutes - October 30, 1984.
(175)
Motion: APPROVED MINUTES, AS MAILED.
M 5
Vote: l Y 2 AB 3 Y 4 Y S Y (Motion carried)
84-781 George Robison, attorney at law - makes a late appeal of the Advisory
(192) Agency's Condition No. 11 (prove that the required quantities of domestic
water are available to each parcel) on Cynthiann Subdivision, AP 27-05-2I
& 59, four parcels, property located approximately one-half mile north of
the intersection of Cynthiann bane and Bohemia Avenue, Oroville area.
(CONTINUED CINTIL LATER IN THE DAY FOR MR. M~iDONSA TO SE PRESENT.)
(SUPERVISOR DOF~AN PRESENT AT THIS TIME,)
84-782 Report from Public Works Director an the status of the Eaton Road
(240) FAU project.
Motion: REJECTED BIDS. TO BE READVERTIZED IN THE SPRING.
M S
Vote: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
84-783 Reconsideration of salary ordinance amendment regarding Board of
Supervisor members' salaries (Supervisor Wheeler).
(SUPERVISOR WHEELER READ INTO THE RECORD A PROPOSED ORDINANCE RAISING
SUPERVISORS' SALARIES TO $20,000 AND A PROPOSED ORDINANCE PROVIDING
FOR AUTOMOBILE EXPENSE REIMBURSEMENT OF $,25 PER MILE.)
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November 6, 1984
84-783 (THOSE GIVING TESTIMONY INCLUDED JAMES HANSEN, CINDY SCHONS, MICHELLE
(Cant'd) SEALY, NORMA SMITH, HELL LIND, GLEN MILLER, JOE SCHONS, KEN HARBARGER,
AND LANCE SMITH.)
Motion: SET PUBLIC HEARING FOR NOVEMBER 13, 1984, AT 9:15 A.M. FOR
PUBLIC INPUT.
M
Vote: 1 2 3 4 5
(MOTION DIED FOR LACK OF A SECOND. SUPERVISOR W#iEELER ASKED THAT THE
MATTER BE TABLED UNTIL AFTER THE FIRST OF THE YEAR.)
RECESS: 9:52 a.m.
RECONVENE: 10:18 A.M.
Public Hearings and Timed Items
84--784 Millard C. Sturgeon -- appeal of the Planning Commission's revocation
11787) of Chester M, Sturgeon's use permit to allow an auto wrecking yard an
property zoned M-2 (heavy industrial} property located on the northeast
corner of Ophir Road and Feather River Blvd., identified as AP 35-50-27
and 28, Oroville. (CONTINUED TO DECEMBER 4, 1984, AT 10:30 A.M.)
84-785 Butte County Planning Commission - (item on which a negative declaration
(2284) regarding environmental impact has previously been adopted) - amendment
** to the~Butte County Code Section 24-126(E)(2)(PUD) clarifying requirements
OO for recreation or park area by revising the section of the code.
(PLANNING DIRECTOR BETTYE KTRCHER AND RUSS CRONINGER TO MEET AND WORK
ON WORDING AND BRING BACK TO THE BOARD.)
84--786 RFC Surveyors - on behalf of Frank Brazell, appeals the Advisory Agency's
(71) denial of appeal of the requirement far an environmental impact report on
tentative parcel map, AP 44--78-05, dividing 1,96 acres into four parcels,
property located on the north side of Lassen Avenue approximately 2100
feet west of Esplanade, Chico area. (CONTINUED TO NOVEMBER 13, 1984,
AT 11:15 A.M.}
84~-787 Robert M. Huskey - on behalf of Marc McClendon, appeals the Advisory
(688) Agency's denial of tentative parcel map (proposed mitigated negative
declaration regarding environmental impact), AP 72-47-08, two parcels,
property located on the north side of Hope Lane approximately 1200 feet
west of its intersection with Hurleton Swedes Flat Road, Oroville area.
Page 315
November 6, 1984
84-787 Motion: NOTED THAT THE REQUIREMENTS OF-THE CALIFORNIA ENVIRONMENTAL
(Cont'd) QUALITX ACT HAVE BEEN COMPLETED AND CONSIDERED TN MAKING
THIS DECISION; ADOPTED A MITIGA'T'ED NEGATIVE DECLARATION
REGARDING ENVIRONMENTAL IMPACT USING THE MITIGATION MEASURE
PROPOSED BY THE APPLICAN'T' REGARDING PERIMETER FENCING. FOUND
THAT THIS AREA IS ZONED FOR THIS TYPE OF RURAL RESIDENTIAL
DEVELOPMENT AND THAT THERE AI2E PARCELS OF THIS SIZE THAT ALREADY
EXIST IN THE AREA AND IT WOULD BE UNREASONABLE TO DENY THIS
PROPERTY OWNER THE SAME RIGHTS ENJOYED BY OTHERS. FOUND THAT THE
PROJECT CONFORMS TO THE BUTTE COUNTY GENERAL PLAN AND UPHELD
THE APPEAL OF THE ADVISORY AGENCY'S DENIAL OF A TENTATIVE PARCEL
MAP FOR MARL McCLENDON, AP 72-47-08, CREATING TWO PARCELS,
WITH PUBLIC WORKS CONDITIONS 1 THROUGH 8, AND ENVIRONMENTAL
HEALTH CONDITIONS 9 THROUGH 12. PLANNING DEPARTMENT CONDITION
13 IS EXCLUDED. RECOGNIZED NE[~I MAP DATED NOVEMBER 5, 1984.
M S
Vote: l Y 2 Y 3 Y 4 Y 5 N (Motion carried)
84-788 Board of Supervisors (Campton, 'Trott and Scarlett) - proposed negative
(914) 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, 25, 27 and 28, Ghico (from 10/30/84).
Motion: THE REQUIREMENTS OF CEQA HAVE BEEN COMPLETED AND CONSIDERED TN
MAKING THIS DECISION. ADOPTED A MITIGATED NEGATIVE DECLARATION.
FOUND THAT THE PROJECT MEETS THE REQUIREMENTS OF THE GENERAL
PLAN, WHICH IS INCLUSIVE OF THE LAND USE ELEMENT. ADOPTED
ORDINANCE 2438 APPROVING THE CONDITIONAL ZONING TO R-3 FROM
A-R FOR PROPERTY IDENTIFIED BY AP 42-45-24, 25, 26, 27 AND 2$.
IMPOSED MITIGATION MEASURES AND CONDITIONS 1 THROUGH 7 SUGGESTED
IN MEMO FROM PLANNING DATED OCTOBER 24, 1984. NUMBERS 8AND 9
TO BE THOSE SUGGESTED BY THE WOODCREST HOMEOWNERS ASSOCIATION,
IN LETTER DATED OCTOBER 18,.1984, EXCEPT THAT NUMBER 9 WOULD
BE 25 FEET INSTEAD OF 30, AND WORDS "THEREFROM AND SHALL NOT
EXCEED ONE STORY IN HEIGHT" WOULD BE DELETED. NUMBER i0 WOULD
SE "COMPLYING WITH ALL THE OTHER APPLICABLE STATE AND LOCAL
STATUTES, ORDINANCES AND REGULATIONS." AUTHORIZED THE CHAIR TO
SIGN THE AGREEMENT THAT FULFILLS THESE CONDITIONS.
M S
Vote: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
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November 6, 1984
84-789 Recognition of persons wishing to speak.
(1051)
1. Sheriff Hal Brooks - presented Board with copy of press release
asked for volunteers in various phases of law enforcement, and
requested an increased rate from $55 to $75 per hour for outside
counsel in the Coopers' lawsuit,
Motion: AUTHORIZED $75.00 PER HOUR.
S M
Vote: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
2. Frank srazell - comments on school board fees, the Reagan rally,
water wells and board salaries hearing.
3. James Hansen - regarding law enforcement.
4. Cindy Schons - questioned the need for outside counsel for lawsuits.
5. Glen Miller - comments regarding Supervisor Dolan's charges filed
with the Grand Jury.
6. FCen Harbarger - rebutting statement made earlier that no one was
present from District 3 during salary discussion,
84- 790 Roger Green - appeals the Planning Commission's denial of the Green
(1973) Rock Quarries use permit, mining permit and reclamation plan (item on
which a draft environmental impact report has been prepared) on property
zoned A-2 (general) located 1/2 mile east of Coal Canyon Road, 1-1/2
miles east from Highway 70, identified as AP 41-14-14, Cherokee area.,
(HEARTNG CONTINUED UNTIL AFTERNOON.)
CLOSED SESSION: The Board recessed at.12:00 g.m.-for a closed session
on litigation followed by a lunch break.
RECONVENE: The Board reconvened at 1:32 p.m. (NO ANNOUNCEMENTS.)
84-:7.31 Roger Green - appeals the Planning Commission's denial of the Green Rock
(2316} Quarries use permit, mining permit and reclamation plan (item on which a
*** draft environmental impact report has been prepared) on property zoned
000 A-2 (general} located 1/2 mile east of Coal Canyon Road, 1-1/2 miles
**** east from Highway 70, identified as AP 41-14-14, Cherokee area.
0000
RECESS: 2:58 p.m.
RECONVENE: 3:13 p.m.
(HEARING CLOSED. CONTINUED UNTTL NOVEMBER 13, 1984.)
Page 317
November 6, 1984
Regular Agenda
84~-792 Report from Chief Administrative Officer on 1985 Legislative Program,
(1850) (CONTINUED TO NOVEMBER 13, 1984.)
84-793 Report from Chief Administrative Officer recommending policy support for
a resolution before the County Supervisors Association of California
general assembly affecting the sharing of Welfare, Health and Court costs,
(CONTINUED TO NOVEMBER 13, 1984.)
84-794 George Robison, attorney at law - makes a late agpeal of the Advisory
{1901) Agency's Condition No. 11 (prove that the required quantities of domestic
water are available to each parcel) on Cynthiann Subdivision, AP 27-05-21
& 59, four garcels, property located approximately one-half mile north
of the intersection of Cynthiann Lane and Bohemia Avenue, Oroville area.
Motion: MADE FINDINGS THAT THE PROPOSED CHANGE IN THE CONDITIONS WILL
NOT ADVERSELY AFFECT OR CAUSE A MODIFICATION OF THE FINDINGS
AND DE'T'ERMINATIONS MADE IN THE ENVIRONMENTAL REVIEW PROCESS;
AND THE PROPOSED CHANGE IN THE CONDITIONS WILL NOT BRING ABOUT
AN INCONSISTENCY TO THE GENERAL FLAN, OR TO THE ZONE OR TO ANY
SPECIFIC PLANS FOR THE FROPERTY IN QUESTION; AND THE FACTS ARE
PRESENTED GIVING GOOD AND SUFFICIENT REASON WHY TFIE CONDITIONS
IN QUESTION WERE NOT APFEALED WITHIN THE TEN-DAY PERIOD; AND
THE PARCEL MAP 012 FINAL MAP HAS NOT BEEN RECORDED. SET PUBLIC
HEARING DATE TO HEAR APPEAL FOR NOVEMBER 27, 19$4, AT 11:45 A,M.
M S
Vote:: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
84-795 Additional items from Board members:
(2095)
1. Supervisor Dolan asked the Board to approve Certificates of
Apgreciation to be presented at the Annual Mental Health Advisory
Board's annual dinner on Thursday to former Chair Reverend Jim Austin
and current Chair Jerry Kenkel,
Motion: APPBQVED CERTIFICATES OF APPRECIATION.
M S
Vate: l Y 2 X 3 Y 4 Y 5 Y (Unanimously carried}
Page 318
November 6, 19$4
ADJOURNMENT: There being nothing further before the Board at this
time the meeting was adjourned at 4:43 p.m. to reconvene at
9:00 a.m, on November 13, 1984.
Chairman,,Board of Supervisors
ATTEST:
MARTIN J . NICHOI,S
Chief Administrative Officer and
Clerk of the Board of Supervisors
__~ ~
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November 6, 7.984