HomeMy WebLinkAboutM011883M I N U T E S
January 18, 1983
'.Minute Order
30 83-27
65 '83-28
175 83-29
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BO~r~D OF SUPERVISORS
tIILDA WHEELER, 3rd Diatdet. CHAIR6IAN
AL SARACEHI. lat Dintriet
JANE DOLAti. Zed District
BER?SiA SlO3ELEY. Leh Diatriet
LEI~f FVLTON. Sth Dtatrict
Call to order - The Board of Supervisors room, County Administration
Building, 25 County Center Drive, Orovihe, California.
Present: Supervisors Fulton, Moseley, Saraceni, Wheeler and Chair
Dolan; Mike Pyeatt, interim administrative officer; Del Siemsen,
county counsel; and, Eleanor M. Becker, county clerk, by Rubye
Townsley, deputy clerk.
Pledge of allegiance to the Flag of the United .States of America.
Invocation - Supervisor Moseley
Additional items from Board members to be addressed at the end
of the day:
(a) Request for a discussion of the budget - Supervisor Pdoseley
(b) Letter received from Durham - Supervisor Wheeler
(c) Report of the death of a former supervisor - Supervisor Fulton
(d) Closed session requested by counsel - Chair Dolan
Items pulled from the consent agenda for separate consideration:
(a) Approval of minutes - January 11, 1983.
(b) Agreement setting the compensation to the County of Butte
for services rendered in connection with the levy, collection and
enforcement of the City of Oroville's sewer charge.
Consent Agenda
1. Budget transfers. Action requested: APPROVE BUDGET TRANSFERS.
2. Larry Nolan English - proposed negative declaration regarding
environmental impact and rezone from "TM-5" (timber mountain -
5 acre parcels) to "TM-2" (timber mountain - 2 acre parcels),
located on the east side of Robert E. Lee Drive (Nopel Drive),
approximately 1,500 feet north of Highway 32, Forest Ranch.
Planning Commission recommends TM-2 1/2 zoning. Action requested:
SET PUBLIC HEARING FOR FEBRUARY 15, 1983, AT 10:00 A.M.
3. Board~of Supervisors - proposed negative declaration regarding
environmental impact and rezone from "A-2" (general) and
"A-R" (agricultural residential) to "S-H" (scenic highway)
(the new alignment of Skyway), located within 350 feet on
both sides of the hew alignment of Skyway from the westerly
Paradise Irrigation District boundary to the westerly line
of Section 4, T2IN R2E (intersection with existing industrial
zone on Skyway), Paradise. Action requested: SET PUBLIC
HEARING FOIL FEBRUARY 15, 1983, AT 11:00 A.M.
4. Joe Gozza - Herbert Johnson appeal of Condition 1, tentative
parcel map, Monte Calle Lane, Magalia. Action requested:
SET PUBLIC HEARING FOR FEBRUARY 15, 1983, AT 10:30 A.M.
5. Agreement - California Department of Food and Agriculture
Nursery Stock Inspection in the amount of $1.590. Action
requested: APPROVE AGREEMENT.
Page 430
January 18, 1983
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292
January 18, 1983
6. Addendum No. 4 to Agreement for Technical Services Butte
County Arts Commission to cover Phase III - $12,000. Action
requested: APPROVE ADDENDUM NO. 4.
7. Salary ordinance amendment - provides reclassification of
positions in the District Attorney's Office, Welfare and Public
Works Departments and eliminates vacant positions in Buildings
and Grounds. Action requested: WAIVE THE SECOND READING
AND ADOPT ORDINANCE 2328.
8. CSA No. 30 (lighting) to include the installation of two
fire hydrants. Action requested: ADOPT RESOLUTION 83-04
MAKING APPLICATION TO BUTTE COUNTY LOCAL AGENCY FORMATION
CObll~IISSION TO CHANGE THE SCOPE OF COUNTY SERVICES AREA NO.
30 TO INCLUDE THE INSTALLATION OF TWO FIRE HYDRANTS.
9. Contract Change Order No. 6 - Dayton Road Relocation, Project
', No. 44191-75-1 ~ in the increasing amount of $205 for the
removal and disposal of two concrete septic tanks. Action
requested: APPROVE CHANGE ORDER NO. 6, AUTHORIZE CHAIRMAN
TO SIGN.
10. Community Action Agency - requests approval to purchase
refrigerator in the amount of $299. Action requested:
APPROVE PURCHASE.
MOTION: APPROVE CONSENT AGENDA
M S
VOTE: 1 2 3 4 5 (Unanimously carried)
',83-30 Approval of Minutes - January 11, 1983
MOTTON: APPROVE MINUTES OF JANUARY 11, 1983, AS PRESENTED.
S M
VOTE: 1 2 3 4 5 (Unanimously carried)
',83-31 Agreement setting the compensation to the County of Butte for
services rendered in connection with the levy, collection and
enforcement of the City of Oroville's sewer charge.
MOTION: APPROVE AGREEMENT, AS REQUESTED
M S
VOTE: 1 2 3 4 5 (Unanimously carried)
Regular Agenda
183-32 Nominations to commissions.
MOTION: APPROVE APPOINTMENTS AS FOLLOWS:
AIR POLLUTION HEARING BOARD: JON ANDERSON, DR. WTLLTAM"
', COATS AND GAIL MOFFIT.
LAW LIBRARY TRUSTEES: MELANIE HOWELL
BANGOR CEMETERY DISTRICT: b+I. E. ROMINGER, CLEO RUSSEL
AND MRS. WAYNE CLEM.
OROVILLE CEMETERY DISTRICT: WILLIAM A. TURNER AND MORRIS
GOATLEY.
OROVILLE N1OSQUITO ABATEMENT DISTRICT: RUSSELL JONES AND
RODNEY MIMMS.
Page 431
January 18, 1983
January 18, 1983
FISH AND GAME COMMISSION: JESS L. GILLUM, TRVTNG PAHL
AND ALVIE HAWKS (NOMINATIONS YET TO COME FOR DISTRICTS
1AND3).'
604
664
DRUG ABUSE COMMITTEE: JOYCE QUAXTMAN, VIRGINIA LEWIS AND
STAN McNAIR.
AGRICULTURAL ADVISORY COMMISSION: HUGH SANTOS AND HAMS
GABSKI (NOMINATION YET TO COME FOR DISTRICT 5)
PLANNING COMMISSION: NINA LAMBERT, DR. FRANK BENNETT ANA
ALAN AVIS.
BUTTE COUNTY FAIR BOARD: MRS. P. J. MINASIAN, MRS. NADINE
GILLUM AND JOHN K. ORME.
COMBINED EMPLOYMENT AND TRAINING ADVISORY COUNCIL: JANE DOLAN,
BOB CRISAN, ROBERT LOFASO, FRANCISCO PENA, MEL PETERSON, L. F.
CHAPMAN, KELLY KEOPPEL AND KIM MILLS.
BUTTE COUNTY HEALTH PLANNING COUNCIL: JOAN DARBY, EVELYN
MOREHEAD, ROBIN NICHOL5, M.D. AND MADGE HAYNES.
BOARD OF APPEALS FOR HANDICAPPED FACILITIES: DAN COOK,
LOU CHRYSLER, JR., TOM EDGAR, ROSA BETTENCOURT AND JERRY ROOT.
OVERALL ECONOMIC DEVELOPMENT CORPORATION: VERNON FISH AND
WAYNE HALL. (NOMINATION YET TO COME FOR DISTRICT 4)
LAND DEVELOPMENT STUDY COMMISSION: STEVE SCARBOROUGH
(NOMINATIONS YET TO COME FROM DISTRICTS 2 and 3)
COUNTY BEAUTIFICATION AND CLEAN-UP COMMITTEE; NANCY DIX
AND PdONTY EAST (NOMINATION YET TO COME FROM DISTRICT 3)
BUTTE COUNTY COUNCIL FOR SENIOR CITIZENS: NO ONE (NOMINATIONS
YET TO COME FROM DISTRICT 1 ANA 4)
AGRICULTURAL ADVISORY COMMISSION: MXRON OPENSHAW, AS
ALTERNATE-AT-LARGE.
COMMUNITY ACTION AGENCY: NO ONE (NOMINATION YET TO COME
FROM DISTRICT 5)
MENTAL HEALTH ADVISORY BOARD: DR. ROBIN NICHOLS, DR. MOREY
WEINGARTEN, THOMAS BELL, CHARLYNE B. CABANAGH AND JOHANNA
KING.
S M
VOTE: 1 2 3 4 5 (Unanimously carried)
83-33 Appointments to committees. (CONTINUED TO JANUARY 25, 1983}
'83-34 Report - Financial Projection Committee - available revenues
1983-84 (COMMITTEE TO REPORT BACK TO THE BOARD ON FEBRUARY 1, 1983,
WITH SPECIFIC RECOMMENDATIONS TO GAIN MORE REVENUE)
RECESS: 10:27 A.M.
RECONVENE: 10:36 A.M.
Page 432
January 18, 1983
', January 18, 1983
Public Hearings And Timed Items
2932 '83-35 Public Hearing - Eldon and Margaret Richert proposed negative
.declaration regarding environmental impact and rezone from "A-5"
(agricultural - 5 acre parcels) to "SR-1" (suburban residential -
suburban residential - 1 acre parcels) on property located on
i the south side of Cummings Lane, approximately 600 feet west of
Lott Road, identified as AP 40-16-18, Durham.
MOTION: I FIND THAT THE REQUIREMENTS OF CEQA HAVE BEEN COMPLETED
AND CONSIDERED IN MAKING THE DECISION AND RECOMMEND THAT
WE ADOPT A NEGATIVE DECLARATION AND FIND THAT THE PROPOSED
RE20NE CONFORMS TO THE POLTCIES INCLUDING THE TEXT OF THE
BUTTE COUNTY GENERAL PLAN, AND RECOMMEND ADOPTING
ORDTNANCE 2329 APPROVING THE REZONE OF 32 ACRES TO "SR-1"
FOR AP 40-16-18.
S M
VOTE: 1 2 3 4 5 (Unanimously carried)
3100 83-36 Public Hearing - Ronald L. Shute - appeal of AdviSOry Agency's
finding that his tentative parcel map is not in compliance with
** the county's General Plan; AP 56-21-61, four parcels, 2,400 feet
00 ', east of Highway 32 on both sides of Garland Road, Forest Ranch
area.-- proposed negative declaration of environmental impact.
(OPEN HEARING CONTINUED TO FEBRUARY 1, 1983, AT 10:45 A.M.)
1098 83-37 Public Hearing - Shirley Smithey - appeal of Advisory Agency's
requirement for an environmental impact report on a tentative
parcel map, AP 28-17-83, four parcels, on the north side of Obert
Drive, 1,300 feet east of Stoney Oaks Boulevard, Swedes Flat area.
(CONTINUED TO JANUARY 25, 1983, AT 11:15 A.M.)
1183 83-38 Public Hearing - William Lewis - appeal of Advisory Agency's
requirement that City of Chico road improvements be met for a
tentative parcel map, AP 43-08-46, three parcels, located on the
north side of Taest Eighth Avenue, at the intersection of Meadow
Road and West Eighth Avenue, Chico.
MOTION: TO SUSTAIN THE APPEAL BUT NOTE THAT THE IMPROVEMENTS ARE
TO BE PUT IN IF THE CITY WOULD AUTHORIZE IT DONE NOW
AND COUNTY PUBLIC WORKS DIRECTOR CONCURS THAT IT IS SAFE,
OR THE REQUIREMENT BE WAIVED; AND FIND THAT IT WOULD
', NOT HAVE AN EFFECT. ON THE ENVIRONMENT AND THIS PROJECT
_ CONFORMS TO THE GENERAL PLAN.
M S
VOTE: 1 2 3 4 5 (Unanimously carried)
1547 '83-39 Public Hearing - Larry Ludwig - appeal of Advisory condition to
provide an environmental impact report, AP 51--01-143, Doe Miil
Ridge area. (CONTINUED CLOSED TO FEBRUARY 1, 1983, WITH THE
DIRECTION FOR PLANNING TO ASK SPECIFIC QUESTIONS OF FISH AND
GAME AS TO HOW THEY ARRIVED AT THEIR DECISION).
RECESS: 11:50 A.M.
RECONVENE: 11:58 A.M.
2291 '83-40 Public Hearing - Dan Hays - proposed negative declaration regarding
environmental impact and rezone from "A-2" (general) and "A-40"
', (agricultural - 40 acre parcels) to "M-1" (light industrial) with
a d3velopment agreement for property lcoated on both sides of
State Highway 99 at the Durham-Oroville Highway, Pentz Road
interchange, identified as-A$.40-13-22, 23 and 24, southeast of Chico.
(CONTINUED UNTIL LATER IN THE DAY)
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January 18, 1983
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1500
January 18, 1983
83-41 Public Hearing -- Carl A. Herrmann - appeal of Planning Commission's
decision to deny a request for a rezone from "A-20" to "A-5,"
AP 44-03-33, heard by the Planning Commission December 2, 1982.
(CONTINUED TO LATER IN THE DAY)
83-42 Recognition of persons wishing to speak. (CONTINUER TO LATER IN
THE DAY)
RECESS: The Board recessed at 12:02 P.M, for a closed session on
matters of litigation.
RECONVENE: The Board reconvened at 12:40 P.M, following a closed
session (NO ANNOUNCEMENTS AT THIS TIME)
83-43 Public Hearing - Carl A. Herrmann - appeal of Planning Commission's
deGlS.l.On t0 deny a request for a rezone frpm "A-20" t0 "A-5,"
AP 44-03-33, heard by the Planning Commission December 2, 1982.
(CONTINUED TO LATER IN THE DAY)
RECESS: 1:05 P.M.
RECONVENE: 2:15 P.M.
83-44 Public Hearing - Dan Hays - proposed negative declaration regarding
environmental impact and rezone from "A-2" (general) and "A-40"
(agricultural - 40 acre parcels) to "M-1" (light industrial) with
a development agreement for property located on both sides of State
Highway99 at the Durham-Oroville Highway, Pentz Road interchange,
identified as AP 40-13-22, 23 and 24, southeast of Chico.
MOTION: THAT THE ENVIRONMENTAL DOCUMENTS HAVE BEEN CONSIDERED
AND THE REQUIREMENTS OF CEQA MET AND THE PROJECT IS
SUBSTANTIALLY IN CONFORMANCE WITH THE GENERAL PLAN
AND THAT A DEVELOPMENT AGREEMENT BE ENTERED INTO.
S M
VOTE: l Y 2 N 3 Y 4 Y S N (Motion carried)
MOTION: I MOVE TO ADOPT ORDINANCE 2330 REZONING AP 40-12-22,
23 AND 24 FROM "A--2" AND "A-40" TO "M-1" ONLY AFTER
THE DEVELOPMENT AGREEMENT HAS BEEN FULLY EXECUTED.
S P1
VOTE: l Y 2 N 3 Y 4 Y 5 N (Motion carried)
83-45 Carl A. Herrmann - appeal of Planning Commission's decision to
deny a request for a rezone from "A-20" to "A-5", AP 44-03-33,
heard by the Planning Commission December 2, 1982.
MOTION: TO REFER TO THE PLANNING COMMISSION STAFF'S RECOMMENDATION
FOR CHANGING THE WORDING OF ZONING REGULATIONS
M S
VOTE: 1 2 3 4 5 (Unanimously carried}
MOTION: TO DENY THE REZONE FROM "A-20" BASED ON NON-CONFORMANCE
WITH THE GENERAL PLAN.
S M
VOTE: 1 2 3 4 5 (Unanimously carried)
Regular Agenda
83-46 Initial study has been prepared on the Board of Supervisors'
initiated project to rezone to "M-2" and change the General
Plan designation for 360 acres south of Oroville.
MOTION: TO DIRECT STAFF TO BEGIN PREPARATION OF AN ENVIRONMENTAL
IMPACT REPORT (IN-HOUSE)
M _l S
VOTE: l Y 2 N 3 Y 4 Y S N (Motion carried)
Page 434
', January 18, 1983
January 18, 19$3
RECESS: 3:13 P.M.
RECONVENE: 3:26 P.M.
SUPERVISOR WHEELER ABSENT AT THIS TIME
Public Hearings and Timed Items
2099 83-47 Recognition of persons wishing to speak:
1. Henry McCall - to inform the Board that the City of Oroville
had gone on record as being in support of
SB 126.
Regular Agenda
2215 ', 83-48 Butte County Code - discussion X24-29 - limitations on
time for oral comments {TO BE CONSIDERED AT A LATER DATE)
SUPERVISOR WHEELER PRESENT AT THIS TIME
RECESS: 3:32 P.M. The Board recessed at this time for a closed
session on litigation.
RECONVEN: 3:48 P.M. The Board reconvened at this time following
closed session on litigation. {NO ANNOUNCEMENT
MADE AT THIS TIDE)
2337 83-49 Consideration of resolution approving recommendations of the
Department of Public Welfare increasing the level of general
**** assistance.
00
MOTION: TO PROPOSED A 2~ INCREASE OF THE PRESENT PAYMENT LEVEL
TO BE APPLIED TO THE FOOD ALLOWANCE.
M S
VOTE: l Y 2 N 3 Y 4 Y 5 Y (Motion carried)
MOTION: TO ADOPT RESOLUTION 83-05 APPROVING THE 2~s INCREASE
M S
VOTE: l Y 2 N 3 Y 4 Y 5 Y {Motion carried)
207 '83-50 Discussion of loss of civil filing fees revenues:
MOTION: TO REAFFIRM OUR POSITION AGAINST THE PROPOSAL TO
REDIRECT FIVE PERCENT OF CIVIL COURT FILING FEES TO
THE SUPPORT OF LEGAL SERVICES PROGRAMS.
M S
VOTE: 1 2 3 4 5 {Unanimously carried)
260 '83-51 Consideration of loan to the National Association of Counties.
SUPERVISOR MOSELEY ABSENT AT THIS TIME
MOTION: TO DIRECT THAT A LETTER BE SENT TO CSAC ADVISING THAT
THE BOARD IS NOT IN FAVOR OF THIS PROPOSAL.
S M
VOTE: l Y 2 Y 3 Y 4 A S Y (Motion carried)
357 ', 83-52 Bed-and-Breakfast inns in California (REFERRED TO PLANNING
COMMISSION FOR ADVICE)
450 83-53 __Sma~,l~.hyd.co-.plants in the FR zones dnd the definition of what
a small hydro plant is. (REFERRED TO THE PLANNING COMMISSION
FOR ADVICE}
Page 435
', January 18, 1983
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580
642
700
820
838
878
January 18, 1983
83-54 FAS projects - proposed priority list. (CONTINUED TO
JANUARY 25, 1983, - PUBLIC WORKS DIRECTOR TO BE PRESENT)
', 83-55 Jobs Training Partnership Act (JTPA) - the new Federal manpower
law, JTPA, provides block funding to the state to be passed through
to local service delivery areas (SDA's). Contiguous counties with
a common labor market may join together to form an SDA. Notice
to the Governor of such arrangements must be made within the next
30 days.
MOTION: AUTHORIZE LETTER TO SE SENT TO NEIGHBORING COUNTIES
REQUESTING THAT THEY GIVE CONSIDERATION TO THIS MATTER
QUICKLY AND TO ADVISE US WITHIN TWO WEEKS OF THEIR
INTENTION TO JOIN IN A CONSORTIUM OR THEIR INTENTION
NOT TO JOIN, AND AUTHORIZE CHAIR TO SIGN LETTER.
S M
VOTE: l Y 2 Y 3 Y 4 A S Y (Motion carried)
SUPERVISOR MOSELEY PRESENT AT THIS TIME
83-56 Dick Chappell - appeal of Advisory Agency's Conditions 12, 13 and
14 on the tentative parcel map for AP 51-01-141, four parcels on
Hummer Road, approximately 1,000 feet west of Doe Mill Road,
Forest Ranch area.
MOTION: I MOVE TO DENY THE APPEAL OF CONDITIONS 12, 13 AND 14;
AND THE CONDITIONS WOULD STAY:
1. PROVIDE CIRCULATION TO PUBLICLY MAINTAINED;
ROADS VIA AT LEAST TWO ROUTES.
2. PROVIDE EVIDENCE OE WATER THROUGH TI-IE HEALTH
DEPARTMENT AT THE fiIME OF RECORDING OF THE
FINAL MAP.
3. THE APPLICANT IS TO SUBMIT A LETTER TO THE
PLANNING DEPARTMENT REQUESTING EXCLUSION FROM THE
SPECIFIC PLAN PRIOR TO FILING THE FINAL MAP,
4. APPLICANT RESERVES THE RIGHT TO REENTER THE
SPECIFIC PLAN AT A LATER DATE.
AND ADDITING A CONDITION:
1. DEVELOPMENT LOCATIONS TO BE CLUSTERED IN ACCORAANCE
WITH THE REQUIREMENTS OF THE DEPARTMENT OF FISH
AND GAME AND PLANNING DEPARTMENT PRIOR TO RECORDATION
OF FINAL MAP.
S M
VOTE: l Y 2 N 3 Y 4 Y 5 N (Motion carried)
!83-57 Discussion of financial commitment for the Amtrak Building Fund.
(NO MOfiION. COMMITMENT STANDS)
83-58 City of Chico - cable television consultant proposal. (CONTINUED
TO JANUARY 25, 1983)
', 83-59 Ordinance amending Nuisance Ordinance No. 2324 (urgency ordinance).
MOTION: TO ADOPT URGENCY ORDINANCE 2331 AMENDING ORDINANCE 2324.
M 5
VOTE: l Y 2 Y 3 Y 4 A 5 Y (Motion carried)
': COmmUhiOdtiOtl5
!83-60 CSAC Statewide Public Information Week - information has been
', submitted from CSAC complete with a request for active participation.
(CONTINUED TO JANUARY 25, 1983)
Page 436
January 18, 1983
', January 18, 1983
2. George Robison - provides comments on an appeal of parcel map
conditions by Friedman, Lyn-Rich, Foster and Boone concerning road
width and interpretations o€ policy. {REFERRED TO PUSLTC WORKS
FOR CLARIFICATION)
3. Claim - Gary L. Koch submits claim in the amount of $10,000
regarding his dismissal from employment.
MOTION: TO DENY CLAIM
M S
VOTE: l Y 2 Y 3 Y 4 A S Y {Motion carried)
j 4. Claim - Wayne Corner in the amount of $150,000
MOTION: THAT NOTTCE BE SENT TO CLAIMANT THAT CLAIM IS INSUFFTCIENT
IN NATURE
• M S
VOTE: l Y 2 Y 3 Y 4 A 5 Y {Motion carried)
83-61 Additional items from Board members:
1. Announcement of the death of Homer Parker, a former
supervisor from 1953 to 1956. - Supervisor Fulton
2. Submission of letters from the Department of Transportation
regarding the Hays Rezone. -- Chair Dolan.
977 RECESS: The Board recessed at 4:40 p.m. for a closed session.
RECONVENE: The Board reconvened at 5:03 p.m. following a closed
session on litigation. (ANNOUNCEMENT THAT BOARD HAD
ACCEPTED A COMPROMTSE AND RELEASE IN THE MARJORIE
GRAHAM WORKERS COMP CASE)
ADJOURNMENT: There being no further business before the Board
at this time the meeting was adjourned at S:OS p.m.
to reconvene at 9:00 a.m. on January 25, 1983.
ATTEST:
OR M. B KER, COUNTY CLERK/RECORDER
a x-officio Clerk of the
Butte County Board of Supervisors
~'~i~r
ane lan, Chair
Page 437
January 18, 1983