HomeMy WebLinkAboutM120688December 6~ 1988
Call to order - Board of Supervisors room, County
Administration Building, 25 County Center Drive,
Oroville. Present: Supervisors Fulton, McLaughlin,
Vercruse and Chairman McInturf. Absent: Supervisor
Dolan. Martin J. Nichols, chief administrative officer;
Neil MaCabe, deputy county counsel, and Nina Denton,
deputy clerk to the Board.
Pledge of allegiance to the Flag of the United States of
America.
88-691 Items removed from the Consent Agenda for Board
consideration and action.
1. Budget transfers - action requested - APPROVE BUDGET
TRANSFERS B-45 (AGRICULTURE), B-46 (PLANNING), AND
B-49 (COUNTY COUNSEL).
2. State TV Cable - proposed transfer of franchise
to Cooke Cablevision, Inc. -action requested - SET
PUBLIC HEARING DATE FOR DECEMBER 13, 1988 AT 10:30
A.M.
88-692 Consent Agenda
1. Appointments to Durham Mosquito Abatement District -
action requested - REAPPOINT CHARLES POOLER AND
ALBERT AMATOR TO SERVE UNTIL DECEMBER 31, 1990.
2. Appointments to Paradise Memorial Hall committee -
action requested - APPOINT HARRY HUDSON, DELEGATE
AND ROBERT STUART, ALTERNATE REPRESENTING THE
CALIFORNIA VETERANS SQUARE DANCE ASSOCIATION TO
SERVE UNTIL DECEMBER 31, 1989.
3. Appointments to Paradise Memorial Hall committee -
action requested - APPOINT RAYMOND ALVARADO,
DELEGATE AND DEAN SYBRANT, ALTERNATE REPRESENTING
AMERICAN LEGION POST 259 AND KENNETH E. SOULE,
DELEGATE AND FLOYD CREGGER, ALTERNATE REPRESENTING
VETERANS OF WORLD WAR T TO SERVE UNTIL DECEMBER 31,
3989.
Page 365 December 6, 1988
December 6, 1988
4. Amendment to Land Conservation Act agreement -
estate of N.H. Thomasson - an amendment to the Land
Conservation Act agreement has been prepared
amending the legal description - action requested -
APPROVE AMENDMENT TO AGREEMENT AND AUTHORIZE THE
CHAIRMAN TO SIGN.
5. Paradise Pines substation - notice of
completion - all work on the subject project has
been completed in accordance with the plans and
specifications - action requested - APPROVE NOTICE
OF COMPLETION AND AUTHORIZE THE CHAIRMAN TO SIGN.
6. Award of bid - Paradise Library reroof - bids were
opened for the reroofing of the library with the low
bidder being Four Counties Roofing Company of Chico
in the amount of $10,550 - action requested -AWARD
BID.
7. Public Works metal cutoff saw - Board authorization
is requested to purchase a new metal cutoff saw in
the estimated amount of $2,5x0 to replace a similar
item deemed to be beyond economic repair. Funding
is included within the budget - action requested -
AUTHORIZE PURCHASE OF FIXED ASSET ITEM.
8. Peace Officers Standards and Training
(P.O.S.T.) requirements for dispatchers - an
ordinance has been prepared accepting the penal code
requirements relating to the selection and training
standards for public safety dispatchers - action
requested - WAIVE THE FIRST READING OF THE
ORDINANCE.
9. 1988-89 Veteran Service Office funding - the county
certification has been prepared for submittal to the
State Department of Veterans Affairs relating to the
appointment, qualification and compensation of the
Veteran Service Officer in order to qualify for
funding in the amount of $19,276 - action
requested - AUTHORIZE THE CHAIRMAN TO SIGN
CERTIFICATIDN.
10. Edith A. Lausten, dba Esplanade Manor contract -- a
contract has been prepared for continuation of the
49 bed Regional/Supplemental program. The contract
is in the amount of $74,070 and covers the period
July 1, 1988 through June 30, x.989 -action
requested -APPROVE AGREEMENT AND AUTHORIZE THE
CHAIRMAN TO SIGN.
Page 366 December 6, 1988
December 6, 1988
11. Edith A. Lausten, dba Esplanade Manor contract - a
contract has been prepared in the maximum amount of
$36,559 covering the period October 15, 1988 through
June 30, 1989 providing supplemental board and care
for eleven mental health client beds - action
requested ~- APPROVE AGREEMENT AND AUTHORIZE THE
CHAIRMAN TO SIGN.
12. State Legalization Impact Assistance Grant funds -
an agreement has been prepared with the State
Department of Health Services to provide funds for
unreimbursed public health care services provided
to persons who are legalized pursuant to the
provisions of the Immigration Reform and Control Act
of 1986. The agreement covers the 1987-88 and 1988-
89 fiscal years - action requested - APPROVE
AGREEMENT AND AUTHORIZE THE CHAIRMAN TO SIGN.
13. Palermo Community Council agreement - this agreement
covers operation and use of the Palermo Community
Center building (former fire station) for a period
of ten (10) years commencing December 6, 1988 -
action requested - APPROVE AGREEMENT AND AUTHORIZE
THE CHAIRMAN TO SIGN.
14. Assessor's Office hours - a resolution has been
prepared pursuant to Butte County Code Section 2-1
reducing the hours for receiving incoming telephone
calls between 10:00 a.m. and 3:00 p.m. -~ action
requested - ADOPT RESOLUTION 88-186 APPROVING
REDUCED HOURS AND AUTHORIZE THE CHAIRMAN TO SIGN.
15. Feather River Recreation and Park District -letter
of support - the district requests a letter of
support to the governor in order to obtain a state
grant to build a senior center/community center in
Oroville - action requested - AUTHORIZE LETTER OF
SUPPDRT.
16. Advanced step hiring - the Planning Department
requests Board authorization to hire a Typist Clerk
III at the {C) step of the salary range and
Environmental Health two (2) Sanitarian II positions
be hired at the "C" step of the salary range -
action requested -AUTHORIZE ADVANCED STEP HIRING.
MOTION: MOVE TO APPROVE THE CONSENT AGENDA WITH REMOVAL
OF ITEMS 3.D1 AND 3.05.
S M
VOTE: 1Y 2A 3Y 4Y 5Y (Unanimously carried)
Page 367 December 6, 1988
December ~ 1988
Regular Agenda
88-693
88-694
Items removed from the Consent Agenda for Board
consideration and action.
1. Budget transfers - action requested - APPROVE BUDGET
TRANSFERS B-45 (AGRICULTURE), B-46 (PLANNING), AND
B-49 (COUNTY COUNSEL).
2. State TV Cable - proposed transfer of Public
Hearings franchise to Cooke Cablevision, Inc. -
action requested - SET PUBLIC HEARING DATE FOR
DECEMBER 13, 1988 AT 10:30 A.M. (229)
MOTION: MOVE TO CONTINUE ITEMS 3.01 AND 3.05 TO
DECEMBER 13, 1988
M S
VOTE: 1Y 2A 3Y 4Y 5Y (Unanimously carried)
Presentation of California Vietnam Memorial dedication
resolution. PRESENTED TD DAVE SPENCER, VIETNAM VETERAN
AND MIKE BURKS, VETERANS SERVICE OFFICER. (250)
88-695 Appointments - commissions and committees.
a. Appointments to Citizens Advisory Committee for the
Energy, Natural Resources and Recreation Element.
MOTION: MOVE TO APPOINT JEFF MONACO TO CITIZENS
ADVISORY COMMITTEE FOR THE ENERGY, NATURAL
RESOURCES AND RECREATION ELEMENT. (423)
M S
VOTE: 1Y 2A 3Y 4Y 5Y (Unanimously carried}
b. Appointments to Lime Saddle Community Services
District. (CONTINUED TO DECEMBER 13, 1988)
c. Appointment to Magalia County Water District.
(CONTINUED TO DECEMBER 13, 1988)
d. Appointments to committee vacancies.
MOTION: MOVE TO REAPPOINT NANCY LEUDER TO AGRICULTURAL
ADVISORY COMMISSION, MANUEL NARANJO, JR. TO
BUTTE COUNTY HOUSING AUTHORITY BOARD, AND DR,
WILLIAM DOBIS TO OROVILLE CEMETERY DISTRICT.
M S
VOTE; 1Y 2A 3Y 4Y 5Y (Unanimously carried)
Page 358
December 6, 1988
December 6, 1988
88-696 Report from Sheriff on jail escapes, (600} (REPORT BY
SHERIFF LEROY WOOD ON JAIL ESCAPES.)
(SUPERVISOR DOLAN PRESENT)
88-697 Discussion and policy direction regarding alleged code
violations. {1350}
MOTION: MOVE THAT INVESTIGATIONS REGARDING STANDARDS
OF MAINTAINING LIVESTOCK BE GIVEN THE LOWEST
PRIORITY, AND NOT INVESTIGATED UNTIL THE BOARD
HAS HAD AN OPPORTUNITY TO CORRECT SOME OF THE
INADEQUACIES WITHIN THE VARIOUS ZONES. DIRECT
STAFF TO BRING FORWARD THAT SECTION OF THE CODE
REGARDING LIVESTOCK SO THE BOARD CAN ACT ON
IT. STAY ENFORCEMENT FOR A MONTH WHILE THE
ORDINANCE IS BEING PREPARED, AND REVIEWED BY
THE BOARD BY THE END OF JANUARY,
S M
VOTE: 1Y 2Y 3Y 4Y 5Y (Unanimously carried)
88-698 Presentation by Butte County Citizens for Responsible
Land Use regarding current and proposed comprehensive
zoning ordinance and proposed rezone for the Palermo--
Honcut area. (2249}(~*OD) (PRESENTATION BY MEMBERS OF THE
BUTTE COUNTY CITIZENS FOR RESPONSIBLE LAND USE.)
Public Hearings and Timed Items
88-699 Public hearing - Ruben and Karen Heredia -rezone
(proposed negative declaration with mitigation measures
regarding environmental impact} from "U" (unclassified)
to FR-5 (foothill recreational, five acre parcels),
property located on the end of Adobe Lane, approximately
16D0 feet west of Clark Road, identified as AP 041-08-0-
D37, Butte College area. (917)
MOTION: ACCEPT THE RECOMMENDATIONS OF STAFF MEMO DATED
OCTOBER 3, 1988 AND A. FIND THAT: (1) AN
INITIAL STUDY WAS COMPLETED TN COMPLIANCE WITH
THE CALIFDRNIA ENVIRONMENTAL QUALITY ACT; (2)
THE REQUIREMENTS OF THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT HAVE BEEN COMPLETED
AND CONSIDERED IN MAKING THIS DECISION AND
ADOPT A MITIGATED NEGATIVE DECLARATION; (3} THE
PROJECT COULD HAVE A SIGNIFICANT AFFECT ON THE
ENVIRONMENT, BUT WILL NOT IN THIS CASE BECAUSE
OF THE ADOPTED MITIGATION MEASURES ATTACHED AND
INCORPORATED IN THE INITIAL STUDY; THE PROPOSED
Page 369 December 6, 1988
December 6. 1988
REZONE CONFORMS TO THE POLICIES, INCLUDING THE
TEXT AND MAP, OF THE BUTTE COUNTY GENERAL PLAN;
AND (B) ADOPT AN ORDINANCE NO. 2723 REZONING
TO FR-5 THAT PROPERTY IDENTIFIED AS AP 41-08-
37 {RUBEN AND KAREN HEREDIA) AND; {C} ADOPT
RESOLUTION NO. 88-187 TO ENTER INTO A
CONDITIONAL ZONING AGREEMENT TO IMPOSE THE
MITIGATION MEASURES 1-4 ON PAGE 8 OF THE
ENVIRONMENTAL ANALYSIS AT THE TIME OF THE
SUBDIVISION {1} PROVIDE AN ASPHALT PUBLIC
ROADWAY APPROACH AT ADOBE ROAD AND CLARK ROAD
TO MITIGATE TRAFFIC HAZARDS CAUSED BY AN
INCREASE IN CONFLICTING TURNING MOVEMENTS; AND
(2} PLACE A DUST BzNDER ON THE ROADWAY TO
REDUCE TRAFFIC IMPACTS CAUSED BY THE PROPOSED
PROJECT (3) PROVIDE A BODY OF WATER FOR FIRE
FIGHTING PURPOSES TO MITIGATE THE FIRE HAZARDS
ASSOCIATED WITH THE PROPOSED PROJECT (4)
CDNTACT THE DEPARTMENT OF ANTHROPOLOGY,
CALIFORNIA STATE UNIVERSITY, CHICO, TO REQUEST
A RECORDS CHECK TO DETERMINE THE ARCHAEOLOGICAL
SIGNIFICANCE OF THE SITE AND WHETHER ANY
ADDITIONAL MITIGATION MEASURES ARE NECESSARY.
M S
VOTE: lY 2Y 3Y 4Y 5Y (Unanimausiy carried)
88-700 Public hearing - Malcolm MacNaughton - appeal of a denied
variance to minimum lot size (proposed negative
declaration regarding environmental impact) to allow a
9.08 acre parcel in 20 acre minimum zone on property
zoned "U" (unclassified), property iacated on both sides
of Clear Creek Cemetery Road, approximately 1/2 mile east
of Clark Road identified as AP 41-11-91, 92, 100, south
of Paradise. (1110}
MOTION: FIND THAT THE REQUIREMENTS OF CEQA HAVE BEEN
COMPLETED AND CONSIDERED; AND FIND THAT THE
ISSUANCE OF A VARIANCE IN THIS INSTANCE WOULD
CONSTITUTE A SPECIAL PRIVILEGE, AND THERE ARE
NO SPECIAL CIRCUMSTANCES INCLUDING SIZE, SHAPE,
TOPOGRAPHY, LOCATION, OR SURROUNDINGS WHICH
DEPRIVES THE PROPERTY OF PRIVILEGES ENJOYED BY
OTHER PROPERTY IN THE VICINITY; AND DENY THE
PROPOSED VARIANCE FOR MALCOLM MACNAUGHTON ON
AP 41-13-91, 92, 100.
S M
VOTE: lY 2Y 3Y 4N 5Y (Motion carried)
Page 370 December &, 1988
December ~ 1988
88-701 Public hearing - Webb Homes - rezone (proposed negative
declaration with mitigation measures regarding
environmental impact) 50' x 1759.17' strip to H-C
(highway-commercial} from S-R (suburban-residential),
property located on the west side of the Esplanade
approximately 2275 feet north of Shasta Avenue,
identified as AP 6-50-01 (ptn}, 5-50-03 (ptn), Chico.
{1450)
MOTION: ACCEPT RECOMMENDATION OF STAFF MEMO DATED
OCTOBER 5, 1988; AND (A) FIND THAT: 1. AN
INITIAL STUDY WAS COMPLETED IN COMPLIANCE WITH
CEQA; 2. SAID STUDY AND COMMENTS RECEIVED
THEREON IDENTIFIED POTENTIAL SIGNIFICANT
ENVIRONMENTAL EFFECTS THAT THE PROJECT MAY HAVE
HAD, BUT, {a) REVISIONS IN THE PROJECT PLANS
AND THE USE OF CONDITIONAL ZONING AGREED TO BY
THE APPLICANT WOULD AVOID SUCH EFFECT OR
MITIGATE SUCH EFFECTS TO A POINT WHERE CLEARLY
NO SIGNIFICANT ENVIRONMENTAL EFFECTS WOULD
OCCUR AND, (b) THERE TS NO SUBSTANTIAL EVIDENCE
BEFORE THE COUNTY THAT THE PROJECT AS REVISED
MAY HAVE A SIGNIFICANT AFFECT ON THE
ENVIRONMENT. {B) FIND THAT SAID NEGATIVE
DECLARATION TOGETHER WITH ANY COMMENTS RECEIVED
DURING THE PUBLIC REVIEW PROCESS HAS BEEN
REVIEWED AND CONSIDERED; {C} ADOPT A NEGATIVE
DECLARATION; (D} FIND THAT THE PROPOSED REZONE
TO H-C ON THE 50 FT. STRIP PREVIOUSLY DESCRIBED
COMPETES WITH THE COMMERCIAL SITE DESIGNATION
CRITERIA AND ZONING FACTORS AS LISTED ON PAGE
53 OF THE BUTTE COUNTY GENERAL PLAN LAND USE
ELEMENT; (E} ADOPT ORDINANCE 2724 REZONING TO
H-C THAT PROPERTY IDENTIFIED AS AP 6-50-1 AND
3 (PORTION) TOTALING APPROXIMATELY 2.02 ACRES
AS DESCRIBED ON THE ATTACHED DESCRIPTION, AND
(F) ADOPT RESOLUTION 88-188 APPROVING A
CONDITIONAL ZONING AGREEMENT (WEBB HOMES)
SUBJECT TO THE FOLLOWING CONDITION: "CONSTRUCT
A 6 FT. SOUND WALL OF BRICK, MASONRY, STUCCO,
OR CONCRETE BLOCK BETWEEN THE RESIDENTIAL AND
COMMERCIAL LOTS ON AP b-50-3, 4. THE WALL
SHALL BE LOCATED ON AP 6-50-03, PRIOR TO
ISSUANCE OF A BUILDING PERMIT ON AP 6-50-03 FOR
COMMERCIAL USE."
M S
VOTE: 1Y 2Y 3Y 4Y 5Y (Unanimously carried)
Page 371 December 6, 1988
December ~ 1985
Regular Agenda
88-702
88-703
Report from Director of Public Works regarding the Neal
Road landfill waste discharge requirements. (1470)
(PRESENTATION BY BILL CHEFF, DIRECTOR OF PUBLIC WORKS.)
Public Hearings and Timed Stems
Public hearing - Sierra West Surveying on behalf of
Newport Federal, appeals the Planning Commission's denial
of proposed General Plan amendment from grazing and open
land to agricultural--residential and rezone (proposed
negative declaration with mitigation measures regarrding
environmental impact) from FR-40 (foothill-recreational,
40 acre parcels) to FR-10 and 20 (foothill-recreational,
10 and 20 acre parcels), property located on the east
side of Centerville Road approximately 600 feet north of
Fort Humbug Road, across from the Centerville
Powerhouse, identified as AP 011-34-0-014-0, Butte
Creek Canyon.(1912)
MOTION: NOTE THAT THE REQUIREMENTS OF CEQA HAVE BEEN
COMPLETED AND CONSIDERED IN MAKING THIS
DECISION; AND (B) FSND THAT THE PRDPDSED
GENERAL PLAN AMENDMENT AND REZONE DO NOT
CONFORM TO THE POLICIES OF THE BUTTE COUNTY
GENERAL PLAN BECAUSE OF THE LOCATION OF THE
PROPERTY, THE ROAD, FIRE HAZARDS, DISTANCE FROM
SCHOOLS, TRAFFIC, GRADIENTS, AND ST WOULD BE
PRECEDENT SETTING, AND THE CURRENT GENERAL PLAN
AND ZONING IS A RESULT OF THE DESIRES OF THE
CURRENT OWNERS AND RESIDENTS, AND (C) DENY THE
GENERAL PLAN AMENDMENT TO AGRICULTURAL
RESIDENTIAL AND REZONE TO FR-10 & 20 (FOOTHILL
RECREATIONAL - 10 AND 20 ACRE PARCELS) OF
APPROXIMATELY 60 ACRES ON AP 011-34-0-014-00
(NEWPORT FEDERAL).
S M
VOTE: 1Y 2Y 3Y 4Y 5Y (Unanimously carried)
Regular Agenda
88-704
1989 Board of Supervisors' meeting schedule. (3025}
MOTION: MOVE THAT THE BOARD 1989 SCHEDULING BE THE
FIRST AND THIRD TUESDAY OF EVERY MONTH, AND
THAT THE ADMINISTRATIVE OFFICE DEVELOP A
CALENDAR IN THAT REGARD.(~~*00}
S M
VOTE: 1N 2N 3N 4Y 5Y (Motion failed to carry)
Page 372 December 6, 1988
December ~ 1988
88-705 Communications received and referred. {COPIES OF ALL
COMMUNICATIONS ARE AVAILABLE IN THE CLERK OF THE BOARD
OFFICE.}
* a. Northwest Society far the Prevention of Cruelty
to Animals - writes submitting proposal for the
removal of stray dead animals - action
requested - REFER TO DIRECTOR OF PUBLIC HEALTH
FOR REPORT AND RECOMMENDATION.
* b. State Department of Food and Agriculture -
writes informing the Board of their decision
regarding Butte County's request to be removed
from the honey bee tracheal mite control zone -
action requested ~- INFORMATION ONLY.
88-706 CLOSED SESSION: The Board announced a closed session
on actual litigation pursuant to
Government Code Section 54956.9 {a)
as follows: McMahon vs Jane Dolan,
Case No, 93325; potential litigation
Ganclaves vs. County of Butte; two
personnel matters pursuant to
Government Code 54957, and one meet
and confer item.
{SUPERVISORS FULTON AND MCLAUGHLIN ABSENT}
88-707 Public Comment. (PRESENTATIONS WILL BE LIMITED TO FIVE
MINUTES. THE BOARD OF SUPERVISORS TS PROHIBITED BY STATE
LAW FROM TAKING ACTION ON ANY ITEM PRESENTED TF IT TS NOT
LISTED ON THE AGENDA.}(394)
RECESS: 1.2:15 P.M. FOR CLOSED SESSION AS PREVIOUSLY
ANNOUNCED UNDER MINUTE ORDER 88-706.
RECONVENE: The Board reconvened at 1:25 p.m. fallowing
closed session on personnel, meet and
confer, actual and potential litigation.
{NO ANNOUNCEMENTS}
Page 373 December 6, 1988
December 6, 1988
ADJOURNMENT: There being nothing further before the Board
at this time, the meeting was adjourned at
1:25 p.m. to reconvene on Tuesday, December
13, 1988 at x:00 a.m.
Board o~'Supervisors
ATTEST:
MARTIN J. NICHOLS, Chief Administrative Officer
and Clem of the ~ard of Supervisors
By:
Page 374 December 6, 1988