HomeMy WebLinkAboutM111384November 13, 1984
84-796
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 Dalan.
Pledge of allegiance to the Flag of the United States of America.
Invocation - Supervisor Moseley.
Additional items from Baard members to be addressed at the end of the
day:
1. Supervisor Wheeler requested a resolution in appreciation for
Senator ,7ohnson's years of service to Butte County.
Motion: ADOPTED RESOLUTION 84-177.
M S
Vote: l Y 2 AB 3 Y 4 Y 5 Y (Motion carried)
84--797 Items removed from the Consent Agenda for separate discussion.
(54)
1. Ordinance establishing speed limits - Public Works has completed
traffic studies on the following roads and recommends they be speed
zoned for 25 miles per hour: Melvina Avenue (from Palermo Road to
South Villa Avenue), Irwin Avenue (from Melvina Avenue to South
Villa Avenue), Williams Avenue (from Melvina Avenue to Palermo-
South Honcut Highway), and Ludlum Avenue (from Melvina Avenue to
Palermo-Honcut Highway).
Page 32Q
November 13, 1984
84-797 2. Shasta County Jail Contract - a contract has been prepared for the
{Cont'd) placement of prisoners at the Shasta County Main Jail at a rate
of $48.50 per day per prisoner. Proposed is authorization for
ten prisoners, as needed.
3. Health Insurance Consultant Agreement - discussions have been held
with representatives of the Sher Group regarding a contract for
consultant services to review the county's health insurance plan.
4. Communications (b) - County of Mendocino -forwards its resolution
declaring its concern regarding the marijuana problem and suggests
a discussion at the CSAC annual meeting.
84-798 Consent Agenda
(70)
1. Approval of minutes - November 6, 1984. APPROVED MINUTES.
2. Budget transfers, APPROVED 'BUDGET TRANSFERS B-6b, 8-67, 8-70,
B-71r B-72, B-73 AND 8-74.
3. Report from Planning Commission on development agreement for
South Fark Developers {from 10/3D/84). PUBLIC HEARING DATE SET
FOR NOVEMBER 27, 19$4, AT 1:30 P,M.
4. NorthStar Engineering - on behalf of Ronald Mer1o, appeals the
Planning Commission's denial of a General Plan amendment from
orchard and field crops to agricultural residential and rezone
from A-2 {general) to SR-1 {suburban residential - 1 acre parcels),
and A-20 (agricultural - 20 acre parcels,), (item on which a
negative declaration has been recommended), AP 40-06-04, property
located on the southeast corner of Midway and Oroville-Chico
Highwayr south of Chico. PUBLIC HEARING DATE SET FOR DECEMBER 4,
1984, AT 10:45 A.M.
5. Report to the Board - Ron Merlo - proposed negative declaration
regarding environmental impact and denied rezone from A-2 (general)
to SR-1 {suburban residential - 1 acre parcels), on property
located on the southeast corner of Midway and Oroville-Chico
Highway, identified as AP 40-06-04r south of Chico. ACCEPTED FOR
INFORMATION ONLX.
Page 321
November 13, 1984
84-798 6. Compatible use within an Agricultural Preserve - a resolution has
(Cont'd) been prepared for compatible use as determined by the Board on
June 19, 1984, for storage reservoirs and irrigation areas.
ADOPTED RESOLUTION 84-178 AND AUTHORIZED THE CHAIRMAN TO SIGN.
7. Appointment to Oroville Memorial Ha11 Committee. APPOINTED
JIMMY CHASTAIN, DELEGATE; EDWARD McQUEEN, ALTERNATE - VFW, TO
SERVE UNTIL DECEMBER 3i, 1985.
8.. Penalty abatement requests - change of ownership reports. APPROVED
THE FOLLOWING REQUESTS AS RECOMMENDED BY CHIEF ADMINISTRATIVE
OFFICER: RICHTER INVESTMENT COMPANY, AP 004-03-6-006-0 AND 007-0;
JOHN M. LIROU AND RTTA A. LAWSON, AP 069-53.0-032-0; MR. & AND
MRS. LEONARD FISK, SR., AP 042--21-0-082-0; MR. AND MRS. GLEN
SANDERS, AP 036-40-1-020-D; MR. AND MRS. BRADFORD E. JOHNSON,
AP 052-O1-1-092-0; JAY HAWKER CONSTRUCTION, INC. AND JOE VAN ANTWERP,
AP 064-35-0-034-0; WILLIAM G. DENTINOr AP 031-05-3-029-0;
ADEL COLLETTI, AP 045-45-5-D03-0; ROBERT S. CLARK, AP 051-14-6-
014-0; EVELYN MAE DONNELLY, ET AL, AP 062-50-D-015-0; MR. AND MRS.
DAVID E. BRADLEY, AP 051-04--D-068-0; JAMES E. CLARK, ET AL,
AP 044-13-13-2-027-0.
9. Homeless and Emergency Runaway Effort donation - in accordance
with Code Section 25355, a donation of $282.20 has been made by
KHSL TV and other local businesses and organizations (Fleet Feet,
Knudson, Miller's Outpost, Enloe Hospital, amateur radio operators,
and others). ACCEPTED DONATION.
10. Audit close-out - Project 2D-2038 (Nutrition Education Mini-grant) -~
the State Department of Education, Office of Child Nutrition
Services, has accepted the close-out audit as there were no adverse
findings and the Community Action Agency has successfully completed
the project. CLOSED AUDIT AND ACCEPTED FINAL REPORT.
11. Veterans Service Office hours - a resolution has been prepared
amending Resolution No. 82-116 and setting new office hours for
the Veterans Service Office for Monday through Friday from
8:30 a.m. to 4:30 a.m. (exluding lunch hour). ADOPTED RESOLUTION
84-179 AND AUTHORIZED THE CHAIRMAN TO SIGN.
12. Big Chico Creek Estates, Unit No. 4 - the developer's engineer
requests the Board of Supervisors' approval to phase construction
of improvements within the subdivision (subdivision map has been
recorded). APPROVED THE DEVELOPER'S REQUEST, SUBJECT TO RECEIPT
BY THE COUNTY OF NECESSARY BONDS, LETTERS FROM .UTILITY COMPANIES
AND A SIGNED SUBDIVISION AGREEMENT.
Pabe 322
November 13, 1984
84-798 13. Emergency Medical Services - the Director of Health has requested
(Cont'd) that program responsibilities be the .subject of a contract.
AUTHORIZED CHIEF ADMINISTRATIVE OFFICER, IN COOPERATION WITkT THE
DIRECTOR OF HEALTH SERVICES, TO NEGOTIATE A CONTRACT TO PROVIDE
FOR THE OPERATIONAL RESPONSIBLLITIES OF THE EMERGENCY MEDICAL
SERVICES.
14. Employee agreement -- iHSS Contract - the Personnel Director
forwards a letter agreement between the county and the potentially
affected employee units regarding contracting out of the In-Home
Support Services Program. ACCEPTED FOR INFORMATION.
15. County Service Area 26 -~ Thermalito irrigation District .joint
Powers Agreement amendment - an amendment has been prepared
between the county and TID relating to the 3oint Powers Agreement
for County Service Area 25 which will permit the annexation of
new lands desiring sewer service solely to TTD and not jointly
to TID and CSa 25. APPROVE JPA AMENDMENT AND AUTHORIZED THE
CHAIRMAN TO SIGN.
16. Sierra West Surveying - on behalf of Perry McCort, appeals the
Advisory Agency's denial of tentative parcel map (proposed
mitigated negative declaration regarding environmental impact),
AP 58-20-65, four parcels, property located approximately
2000 feet northerly of the intersection of Miller Peak Road and
Pinkston Canyon Road, Concow area. PUBLIC HEARING DATE SET FOR
DECEMBER 4, 1984, AT 1D;15 A.M.
17. Communications.
a. Federal Emergency Management Agency - sends information
regarding the undertaking of a flood insurance study for the
county. ACCEPTED FOR INFORMATION AND REFERRED TO CHIEF
ADMINISTRATIVE OFFICER.
b. California Veterans Square Dance Association - writes forwarding
new information and asks that their organization be added to the
list of authorized units eligible to have free use of memorial
halls. ACKNOWLEDGED RECEIPT OF LETTER AND REFERRED TO BUTTE
COUNTY VETERANS COUNCIL FOR RECOMMENDATION..
c. City of Chico - forwards Statement of Preparation of Redevelopmnet
Plan for the Central Chico Redevelopment Project. ACCEPTED TO
INFORMATION AND REFERRED TO CHIEF ADMINISTRATIVE OFFICER.
Motion: APPROVED CONSENT AGENDA.
M S
Vote: l Y 2 AB 3 Y 4 Y 5 Y (Motion carried)
Page 323
November 13, 1984
Regular Agenda
84-799 Ordinance establishing speed limit -- Public Works has completed
(75) studies on the following roads and recommends they be speed zoned
for 25 miles per hour: Melvina-Avenue (from Palermo Road to South
Villa Avenue), Irwin Avenue (from Palermo Road to South Villa Avenue),
Williams Avenue (from Melvina Avenue to Palermo-Honcut Highway),
and Ludlum Avenue (from Melvina Avenue to Palermo-Honcut Highway)
(SUPERVISOR DOLAN PRESENT AT THIS TIME.)
Motion: WAIVED THE FIRST READING OF THE ORDINANCE.
S M
Vote: l Y 2 Y 3 Y 4 Y 5 Y {Unanimously carried)
84-80n Shasta County Jail Contract - a contract has been prepared for the
(190) placement of prisoners as the Shasta County Main Jail at a rate of
$48.50 per day per prisoner, Proposed is authorization for ten
prisoners, as needed {MR, NICHOLS INDICATED A TECHNICAL PROBLEM HAD
ARISEN AND WOULD LIKE THIS ITEM REMOVED FROM THE AGENDA UNTIL A LATER
DATE.)
84-801 Health Insurance Consultant Agreement - discussions have been held
(197) with representatives of the Sher Group regarding a contract for
consultant services to review the county's health insurance plan,
Motion: AUTHORIZED THE HEALTH INSURANCE CONSULTANT CONTRACT WITH
THE SHER GROUP OF SAN FRANCISCO IN AN AMOUNT NOT TO EXCEED
$15,000.
S M
Vote: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
84-802 Communications {b) - County of Mendocino - forwards its resolution
(210) declaring its concern regarding the marijuana problem and suggests
a discussion at the CSAC annual meeting. {MEETING TO SE HELD AT
THE CSAC CONFERENCE ON WEDNESDAY AT 5:00 P.M.)
84-803 Additional items:
(222)
1. Mr. Nichols reported that a Notice of Completion for the repainting
of the Superior Court House had been received.
Motion: ACCEPTED PROJECT. AUTHORIZED FILING OF THE NOTICE OF COMPLETION.
S M
Vote: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
Page 324
November 13, 1984
84-803 2. Supervisor Wheeler would like Minute Order 84-796 amended in order
(Cont'd) to show a."yes" vote for Supervisor Dolan on the resolution adapted
for Senator Johnson.
Motion: AMEND MINUTE ORDER TO SHOW A "YES" VOTE FOR SUPERVISOR DOLAN.
M S
Vote: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
Regular Agenda
84-804 Report from Chief Administrative Officer on 1985 Legislative Program
(260} (from 11/6/84).
Motion: AbOPTEb PLATFORM AND LEGISLATIVE AGENDA.
M S
Vote: l Y 2 Y 3 Y 4 Y 5 Y {Unanimously carried)
84-805 Report from Chief Administrative Officer recommending policy support
(334} for a resolution before the County Supervisors Association of California
general assembly affecting the sharing of Welfare, Health and Court
casts (from 11/6/84).
Motion: ADOPTED RESOLUTION 84-180 REQUESTING RESOLUTION A-2, AS
AMENDED, BE ADOPTED.
S M
Vote: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried}
84--$06 Discussion of amendment to Butte County Code Section l5-$5 regarding
(375} differences between county and City of Chico ordinances (Supervisor
Wheeler}r (CONTINUED TO NOVEMBER 27, 1984).
84-807 Discussion of expanding the Land Conservation Act Committee to include
(394) a wider range of occupations, i.e., Cattlemen's Association, Rice
Growers, etc. (REFERRED TO AGRICULTURAL ADVISORY COMMISSION FOR
RECOMMENDATION.)
84-808 Interpretation of Butte County Code Section 27-174 relating to exploratory
(457) seismology tests.
Motion: INTERPRETED THIS USE AS ONE. REQUIRING A USE PERMIT.
S M
Vote: 1 N 2 Y 3 Y 4 N 5 X (Motion carried)
Page 325
November 13, 1984
84-809 Consideration of General Plan amendment proposal for East Avenue,
(854) from Freeway 99 to Pleasant Valley High School (Supervisor Wheeler).
Motion: REFERRED TO PLANNING COMMISSION FOR CONSIDERATION FOR HEARINGS
TO BRING THE AREA INTO CONFORMITY WITH EXISTING LAND USE.
S M
Vote: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried}
84-810 Report from Director of Planning on transportation fees proposal by
(1245) City of Chico.
Matian: GAVE DIRECTION TO STAFF TO GATHER MORE INFORMATION TN ORDER
TO DEVELOP A FEE SCHEDULE TO BE CONSIDERED, AND THEN TO CONVENE
A CITIZENS COMMITTEE TO HEAR IT.
NI S
Vote : 1 X 2 Y 3 Y 4 Y 5 Y
Closed Hearing
84-811 Roger Green - appeals the Planning Commission's denial of the Green
(1484} 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 4I-14-14, Cherokee
area (from 11/5/84)
Motion: FOUND THAT THE REQUIREMENTS OF CEQA HAVE BEEN COMPLETED AND
CONSIDERED IN MAKING THIS DECISION; CERTIFIED THE ENVIRONMENTAL
IMPACT REPORT AS BEING COMPLETE; FOUND THAT THE PROJECT COULD
HAVE A SIGNIFICANT EFFECT ON THE ENVIRONMENT, BUT WILL NOT
IN THIS CASE BECAUSE OF THE ADOPTED MITIGATION MEASURES ATTACHED
HERETO AND BY THIS REFERENCE MADE A PART HEREOF; SUCH MITIGATION
MEASURES ALSO APPEARING ON PAGES 19 TO 22 OF THE EIR ARE FOUND
TO SUBSTANTIALLY LESSEN THE SIGNIFICANT ENVIRONMENTAL EFFECTS
AS IDENTIFIED ON PAGES 9 TO 18 OF THE EIR AND DISCUSSED IN THE
APPENDICES AND ADDENDUMS. THOSE ENVIRONMENTAL EFFECTS WHICH
ARE UNAVOIDABLE (REFER TO PAGE 23 OF THE EIR) WILL CEASE UPON
RECLAMATION OF THE PROJECT AREA; ALTERNATE SITES WERE CONSIDERED
AND REJECTED IN FAVOR OF THE PROPOSED SITE AS WELL AS THE
NO PROJECT AND EXPANDED PROJECT ALTERNATIVES DISCUSSED ON
PAGE 24 OF THE EIR; FOUND THAT THE REQUIREMENTS OF BUTTE COUNTY
CODE SECTIONS 24-47, 13-103 THROUGH 13-115, THE SURFACE MINING
AND RECLAMATION ACT HAVE BEEN MET. SPECIFICALLY THAT: THE
PROPOSED USES OF THE PROPERTY WILL NOT IMPAIR THE INTEGRITY
Page 326
November 13, 1984
84-811 AND CHARACTER OF THE ZONE IN WHICH THE LAND LIES AND THAT USE
(Cont'd) WOULD NOT BE UNREASONALBY INCOMPATIBLE WITH, OR INJURIOUS TO,
SURROUNDING PROPERTIES OR DETRIMENTAL TO THE HEALTH AND GENERAL
WELFARE OF THE PERSONS RESIDING OR WORKING IN THE NEIGIiBORH00D
OR TO THE GENERAL HEALTH, WELFARE AND SAFETY OF THE COUNTY; AND
FOUND THAT GOVERNMENT CODE SECTION 15084 (e) HAS BEEN MET, SPECIFI-
CALLY THAT PRIOR TO USING THE DRAFT PREPARED FOR THE APPLICANT, THE
LEAD AGENCY SUBJECTED THE DRAFT TO A COMPLETE REVIEW ANA ANALYSIS.
IN MAKING NECESSARY CHANGES THE DOCUMENT HAS BECOME THAT OF THE
LEAD AGENCY WHTCH IS THE COUNTY; AND APPROVED THE PROPOSED USE PERMIT,
MINING PERMIT AND RECLAMATION PLAN ON AP 41-14-14 (PORTION) (GREEN
ROCK QUARRIES} SUBJECT TO THE MITIGATION MEASURES AND CONDITIONS
(CONDITIONS ARE MARKED WITH A "C") 1 THROUGH 53, AS LISTED ON
MEN10 FROM PLANNTNG DATED NOVEMBER 9, 1984.
S M
Vote: l Y 2 N 3 Y 4 Y 5 N (Motion carried}
RECESS: 10:15 a.m.
RECONVENE: 10:26 a.m.
84-812 Supervisor Wheeler questioned Bettye Kircher, Planning Director, regarding
(2430) the hearing for Ron Merlo that was set this morning, particularly splitting
the General Plan amendment from the rezone.
Public Hearings and Timed Items
84-813 Continued hearing -John Cunningham - abandonment of alley adjacent to
(2464} AP 39-27-35, south. of Chico {from 10/9/84}, (APPEAL WITHDRAWN BY
APPLICANT.)
84-814 Edward Johnson - abandonment ~~f alleyway, Western Pacific Addition, between
(2482) Wilson Street and Grace Street, identified as AP 33-042, Bloc~C 3, Oroville.
Motion: ADOPTED RESOLUTION 84-181 APPROVING ABANDOMENT.
M S
Vote: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
84-815 GDA Engineering - on behalf of Charles Johnson and Don Reich, appeals
(2510) 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 Raad and Loma Rica Road,
Bangor area.
Page 327
November 13, 1984
84-815 Motion: NOTED THAT THE REQUIREMENTS OF THE CALIFORNIA ENVIRONMENTAL
(Cont'd) QUALITY ACT HAVE BEEN COMPLETED AND CONSIDERED TN MAK.TNG THIS
DECISION; ADOPTED A MITIGATED NEGATIVE DECLARATION, ACCEPTING
THE MITIGATION MEASURES AS PROPOSED BY THE APPLICANT. THE
ZONING AND GENERAL PLAN ALLOW FOR PARCELS OF THIS SIZE. THE
AREA HAS ADEQUATE FIRE FACILITIES, ROAD CAPACITY P.i~FD IS NOT
T00 FAR FROM COMMERCIAL SERVICES AND SCHOOLS FOR THIS TYPE
OF LOW DENSITY RURAL RESIDENTIAL DEVELOPMENT. THIS TYPE OF
USE TS NOT INCOMPATIBLE WITH NEIGHBORING AGRICULTURAL USES.
FOUND THAT THE PROJECT CONFORMS TO THE BUTTE COUNTY GENERAL
Pi~AN AND UPHELD THE APPEAL OF THE ADVISORY AGENCY'S DENTAL OF
A TENTATIVE PARCEL MAP FOR CHARLES JOHNSON AND DON REICH,
AP 28-~10-24, CREATING THREE PARCELS, WITiI PUBLIC WORKS CONDITIONS
1 THROUGH 5 AND ENVIRONMENTAL HEALTH CONDITIONS 6 THROUGH 9.
M S
Vote: l Y 2 N 3 Y 4 Y 5 Y (Motion carried)
84-816 Continued hearing - Board of Supervisors - amendment to the Butte
(2973) County Code (item determined to be categorically exempt from environ-
mental review) to amend Section 24-404 to allow a temporary mobile home
** as a second dwelling in all zones allowing residential uses (from
00 10/30/84}.
Motion: AGREED WITH PLANNING COMMISSION NOT TO ALLOW SECOND DWELLING
UNITS IN ALL ZONES. ADOPTED ORDINANCE 2439 AMENDING SECTION
24-404 REINSTATING THE INTENT SECTION OF THE ORDINANCE.
M S
Vote: l Y 2 Y 3 Y 4 X 5 Y (Unanimously carried)
84-817 Additional items:
1. Supervisor Dolan mentioned that Nina Lambert had been elected
President of the County Planning Commissioners Association for the
State of California, and that because of this the Annual Conference
would be held in Butte County.
Motion: AUTHORIZED ADMINISTRATIVE OFFICE AND PLANNING DEPARTMENT TO
OFFER ASSISTANCE TO NINA LAMBERT WHERE. NEEDED TO PREPARE
FOR THE CONFERENCE.
M S
Vote: l y 2 y 3 Y 4 y
5 Y (Unanimously carried)
Page 328
November 13, 1984
CLOSED SESSION: The Board recessed at 10:53 a.m. for a closed session
on personnel.
RECONVENE: The Board reconvened at 11:32 a.m, following a closed session,
84-818. Recognition of persons wishing to speak.
(353
1. Russ Croninger - regarding PUD ordinance hearing held November 6,
which was referred to Mr. Croninger and Planning Director. He
understood the item was to have been listed on this week's agenda:
Report from Planning Director - Butte County Planning Commission
(item on which a negative declaration regarding environmental
impact has previousl been adopted) -- amendment to the Butte
County Code Section 24-126(E)(2)(PUD) clarifying requirements
for recreation or park area by revising the section of the code.
Motion: ADOPTED ORDINANCE 2440, AS AMENDED. INITIATED HEARINGS ON
DEFINITION OF AGRICULTURAL PRESERVES.
M S
Vote: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
2. Norma Smith - regarding expenditure of county funds.
3. Cindy Schons - concerning studies approved by the Board.
4. Wayne C. Turner - regarding possible Board action in support of
bill to reform slushfund.
5. Frank Brazen - comments regarding Items 4.07 and 4.08 on the agenda,
6. Glenn Miller - regarding sending Butte County prisoners to another
county.
84-819 Continued hearing - RFC Surveyors - on behalf of Frank Brazen , appeals
(862) the Advisory Agency's denial of appeal of the requirement for 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 (from 11/6/84). (LETTER TO BE WRITTEN TO CHTCO UNIFIED
SCHOOL DISTRICT ASTCING WHAT THEIR PLANS ARE CONCERNING DEVELOPMENT FEES;
HEARING CONTINUED TO DECEMBER 11, 1984, AT 10:00 A.M,)
Page 329
November 13, 1984
CLOSED SESSION: The Board recessed at 12:12 p.m. for a closed session
on personnel.
RECONVENE: The Board reconvened at 12:45 p.m. following a closed session
on personnel (SEE FOLLOWING MINUTE ORDER.}
84-820 Report on closed session - Following an evaluation conducted by the
(1523) Chief Administrative Officer, with input by the agricultural community ,
the Board considered reappointment of Agricultural Commissioner, Mr.
Joe Bandy.
Motion: APPOINTED MR. BANDY TO ANOTHER FOUR-YEAR TERM COMMENCING ON
NOVEMBER 13, 1984, AND ENDING ON NOVEMBER 12, 1988.
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 to reconvene on Tuesday,
November 27, 1984, at 9:00 a.m.
_ ~~ 1
Chairman, Board of Supervisors
ATTEST:
MARTIN J. NIGHOLS
Chief Administrative Officer and
Gler[c of the Board of Supervisors
By: ~
Page 330
November 13, 1984