HomeMy WebLinkAboutM012583A.GEN DA
M I N U T E S
January 25, 1983
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BOARD OF SUPERVISORS
jA`FE DOLAY, 2nd Disrrtc;, CHAIR
AL SARAC£tiI, 1sc Dis tric;
HILDA R'HEELE R, 3rd Dis tri c:
BERTHA SfOSELEY, sch Dis v:c:
L E9I FVLT O:I, 5th Dis;rlct
Minute Order
', Call to order -- The Board of Supervisors room, County Administration
', Building, 25 County Center Drive, Oroville, California.
Present: Supervisors Fulton, Moseley, Saraceni, Wheeler and Chair Dolan;
Mike Pyeatt, interim administrative officer; Del Siemsen, county counsel,
by Jim Griffith, deputy 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
30 83-62 Additional items from Board members to be addressed at the end of
the day:
(a} Change in agenda format - an. experiment - Chair Dolan
(b) Letter from Durham Booster Club - Supervisor Wheeler
(c) A request from Senator Johnson's aide for Board to consider
SB 126 - Supervisor Wheeler
(d} Request for a closed session - Supervisor Wheeler
(e) Legislative bulletin from CSAC (to be discussed with Item 3.09) -
Supervisor Wheeler
100 83-63 Items pulled from the consent agenda for separate consideration:
', (a) Budget transfers
(b) Advance step hiring - Public Health microbiologist
(c) CAA Low Income Home Energy Assistance Program
(d) Ordinance approving development agreement and ordinance rezoning
property
(e) Land Conservation Act Agreements
178 83-64 Consent Agenda
1. Approval of minutes - June 4, 1982 and January 18, 1983.
', Action requested: APPROVE MINUTES
2. Appointment to the Butte County Council of Senior Citizens. .
Action requested: APPOINT PAT WARREN TO FILL TERM EXPIRING
JUNE 30, 1983
3. Appointment to the Butte County Veterans Hall Committees.
Action requested: MAKE APPOINTMENTS AS FOLLOWS: BIGGS MEMORIAL
HALL - MARK WEBER, DELEGATE, AND JAMES T. HAVES, ALTERNATE;
CHICO MEMORIAL HALL - ARNOLD MILLTNGTON, DELEGATE, AND ED BROWN,
ALTERNATE; GRIDLEY MEMORIAL HALL - HERBERT PERKINS, DELEGATE;
', PARADISE MEMORIAL HALL - JAME5 M. BURST, DELEGATE, AND MARVIN
', JOHNSON, ALTERNATE: OROVILLE MEMORIAL HALL - JIM CHASTAIN, DELEGATE
ANA ROY VANCE, ALTERNATE; DURHAM MEMORIAL HALL - WORTH B. GEORGE,
DELEGATE, AND MILTON WILLADSEN, ALTERNATE.
4. Appointment of alternate management member to Personnel Appeals
Commission. Action requested: APPOINT JACK McKILLOP TO FILL
TERM OF TWO YEAR5 BEGINNING WITH DATE OF APPOINTMENT.
S. Board room lighting. Action requested: AUTHORIZE PREPARATION
', BUDGET TRANSFER. -
Page 438
January 25, 1983
January 25, 1983
', 6. Resolution - authorizing the Board of Supervisors to receive
$371,350 for the County Justice System Subvention Program.
Action requested: ADOPT RESOLUTION 83-06
7. Over the counter issuance agreement amendment 3 to the food
stamp issuance agreement setting a rate per transaction o£ $1.58.
Action requested: APPROVE AMENDMENT NO. 3.
8. Conveyance of development rights and open area easement for Edward
Cheek to comply with condition o£ approval on use permit on
AP 24-04-47. Action requested: AUTHORIZE CHAIR TO SIGN CONVEYANCE
OF DEVELOPMENT RIGHTS ANA OPEN AREA EASEMENT.
9. James W. Kelm - application for withdrawal from the Williamson
Act on AP 27-04-053. Action requested: SET PUBLIC HEARING FOR
FEBRUARY 22, 1983, AT 10:00 A.M.
10. Donald L. Lucas - application for withdrawal from the Williamson
Act on AP 72-18-41. Action requested: SET PUBLIC HEARING FOR
FEBRUARY 22, 1983, AT 10:30 A.M.
11. Resolution authorizing exectuion of Program Supplement No. 29
covering funding of Midway Bridge at the Western Canal, Bridge
Replacement Project No. BRSS-Y761(2), County Project No. 26311-81-1.
Program Supplement No. 29 to Master Agreement No. 03-5912 (federal
projects) covers funding for construction of the Midway Bridge
across the Western Canal as follows: federal - $222,400;
Butte County - $55,600; total -- $278,000. Action requested:
ADOPT RESOLUTION 83-07.
12. W. Scott Rutherford - appeals Condition 2 on tentative parcel
map application regarding traversable access. Action requested:
SET PUBLIC HEARING FOR FEBRUARX 22, 1983, AT 11:00 A.M..
MOTION: TO APPROVE CONSENT AGENDA
M S
VOTE: 1 2 3 4 5 (Unanimously carried)
175 83-65 Budget transfers.
MOTION: TO APPROVE BUDGET TRANSFERS WITH THE EXCLUDING B-099.
M S
VOTE: 1 2 3 4 5 (Unanimously carried)
MOTION: TO APPROVE BUDGET TRANSFER B-099.
S M
VOTE: 1 N 2 Y 3 Y 4 N S N (Motion Carried)
217 83-66 Advance step hiring -- a Public Health microbiologist has been recruited
and will accept appointment at the "C" step of range 2I.0, $800
biweekly.
MOTION: TO APPROVE ACTION AS REQUESTED.
M S
VOTE: 1 2 3 4 5 (Unanimously carried)
289 83-67 CAA I~ow Income Home Energy Assistance Program in the amount of
', $58,650.
MOTION: TO APPROVE CONTRACT AWARD AND AUTHORIZE FUNDING IN THE
AMOUNT OF $12,500.
S M
VOTE: l Y 2 Y 3 N 4`:Y:-. 5 Y (Motion carried)
Page 439 January 25, 1983
675 83-68
700 83-69
780 83-70
887 83-71
900 83-72
1093 63-73
1175 83-74
1236 83-75
1419 83-76
January 25, 1983
Ordinance approving development agreement and ordinance rezoning
property.
MOTION: I MOVE FOR THE ACCEPTANCE AND APPROVAL OF THE DEVELOPMENT
AGREEP~iENT ORDINANCE 2332 AND ORDINANCE 2333 REZONING PROPERTY
FROM "A-2" (GENERAL) AND "A-40" (AGRICULTURAL - 40 ACRE
PARCELS) TO "M-1" (LIGHT INDUSTRIAL), PROPERTY LOCATED ON
BOTH SIDES OF STATE HIGHWAY 99 AT THE DURHAM-OROVILLE HIGHWAY,
PENTZ ROAD INTERCHANGE, IDENTIFIED AS AP 40-13-22, 23 AND
24, SOUTHEAST OF CHTCO.
S M
VOTE: l Y 2 N 3 Y 4 Y 5 N (P4otion carried)
Land Conservation Act - agreements have been prepared for 24 Land
Conservation Act applications which have been reviewed and recommended
for approval by the Land Conservation Committee at their meeting of
January 10, 1983.
MOTION: TO APPROVE AGREEMENTS
M S
VOTE: 1 2 3 4 5 (Unanimously carried)
Regular Agenda
Administrative Office restructure report. (CONTINUED TO
FEBRUARY 1, 1983, AT 2:00 P.M.)
Appointment to Amtrak Committee (District 4) (TO BE TAKEN OFF AGENDA
UNTIL DISTRICT 4 SUPERVISOR IS READY TO MAKE APPOINTMENT)
Appointment of Board members to various committees. (CONTINUED TO
FEBRUARY 1, 1983)
Midway Bridge @ Western Canal, Project No. 26311-81-1 (federal bridge
replacement funds).
MOTION: TO ACCEPT LOW BTD AND AUTHORIZE 20~.MATCH, AND AUTHORIZE
CHAIR TO SIGN.
M S
VOTE: 1 2 3 4 5 (Unanimously carried)
CSAC Statewide Public Information Week - information has been submitted
from CSAC complete with a request for active participation.
MOTION: THAT WE ACCEPT THE PROPOSAL AND DIRECT ADMINISTRATIVE STAFF
TO BRING FORWARD THE NECESSARY INFORMATION AND RESOLUTION.
S M
VOTE: 1 2 3 4 5 (Unanimously carried)
FAS projects - proposed priority list,
MOTION: TO APPROVE PRIORITY LISTING TO BE INCLUDED IN THE BUTTE
COUNTY REGIONAL TRANSPORTATION PLAN.
M S
VOTE: 1 2 3 4 5 (Unanimously carried)
RECESS: 9:48 a.m.
RECONVENE: 9:59 a.m.
Resolution establishing surcharges for traffic and other types of
misdemeanors.
MOTION: TO ADOPT RESOLUTION ~3-08 PUTTING THE SURCHARGE ON ALL FINES
INCLUDING PARKING.
S M
VOTE: l Y 2 N 3 N 4 Y S Y (Motion carried)
Page 440
January 25, 1983
January 25, 1983
Public Hearings and Timed Items
2156 83-77 Public Hearing for Clarence L. Se11s - negative declaration and appeal
of Planning Commission's denial of a variance to minimum lot size
requirements to allow a 1.87 acre and a 2.98 acre parcel from a 4.84
** acre parcel, AP 63-10-2, property zoned TM-5 (timber mountain - 5 acre
00 minimum), property located 200 feet west of the intersection of Nopel
Drive and Cody Lane, Forest Ranch area. (CLOSED HEARING CONTINUED
TO FEBRUARY 1, 1983)
52 83--78 Public Hearing for Theresa Veer - appeal of the Planning Commission's
negative declaration on Butte College request for a use permit to allow
auto body repair and painting for instructional purposes on property
located on the west side of the Esplanade approximately 400 feet north
of Shasta Avenue, Chico area, interim A-2 limited zone, AP 44-59-14.
MOTION: I MOVE TO DENY THE APPEAL AND FIND -THAT THE REQUIREMENTS
OF CEQA HAVE BEEN COMPLETED AND CONSIDERED IN MAKING THIS
DECISION AND ADOPT A MITIGATED NEGATIVE DECLARATION; AND
FIND THAT THE PROJECT COULD HAVE A SIGNIFICANT EFFECT ON THE
ENVIRONMENT, BUT WILL NOT IN THIS CASE BECAUSE OF THE ADOPTED
MITIGATION MEASURES ATTACHED; AND MAKE THE FINDINGS REQUIRED
BY THE BUTTE COUNTY CODE SECTION 24-47; AND, APPROVE THE USE
PERMIT TO ALLOW AUTO BODY REPAIR AND PAINTING ON AP 44-59-14
SUBJECT TO CONDITIONS 1 THROUGH 8 AS OUTLINED TN MEMO FROM
PLANNING DEPARTMENT DATED JANUARY 19, 1983, AND FURTHER
FIND THE PROPOSED USES OF THE PROPERTY WILL NOT IMPAIR THE
INTEGRITY AND CHARACTER OF THE ZONE IN WHICH THE LAND LIES
AND THAT THE USE WOULD NOT BE UNREASONABLY INCOMPATIBLE WITH,
OR INJURIOUS TO SURROUNDING PROPERTIES OF DETRIMENTAL TO THE
HEALTH AND GENERAL WELFARE OF THE PERSONS RESIDING OR WORKING
IN THE NEIGHBORHOOD OR TO THE GENERAL HEALTH, WELFARE AND
SAFETY OF THE COUNTY.
S M
VOTE: 1 2 3 4 5 (Unanimously carried)
RECESS: 10:50 a.m.
RECONVENE: 11:04 a.m.
300 83-79 Public Hearing for Robert Shoenstein - appeal of Advisory Agency's
requirement for environmental impact report on tentative parcel map,
AP 72-33-46, dividing 40 acres to create four parcels at ten acres
each for rural residential use, 1/2 mile north of Hurleton Swedes
Flat Road and Purple Rock Road intersection, frontage on north side
of Purple Rock Road, Swedes Flat area.
MOTION: AFTER REVIEWING THE INFORMATION PRESENTED, COMMENTS RECEIVED,
PERSONAL KNOWLEDGE AND RESEARCH AND THE LACK OF SUBSTANTIATING
DATA FROM THE DEPARTMENT OF FISH AND GAME, I FIND THAT A
SIGNIFICANT IMPACT ON DEER HERDS WILL NOT OCCUR, I FIND
THAT THE PROJECT HAS BEEN REVIEWED PURSUANT TO CEQA AND COULD
NOT HAVE A SIGNIFICANT ENVIRONMENTAL IMPACT AND UPHOLD THE
APPEAL.
M S
VOTE: l Y 2 N 3 Y 4 Y 5 N (Motion carried)
1058 83-80 Public Hearing for Lowell V. Smith - appeal of Advisory Agency's
requirement for an environmental impact report on tentative parcel map,
AP 28-17-85, dividing a 40 acre parcel into four parcels,•located
approximately 1,200 feet south of Swedes Flat Road and Stoney Oaks
Boulevard intersection, on west side of Stoney Oaks Boulevard, north
of Bangor.
Page 441
January 25, 1983
1540
1740
2807 83-83
***
00
90 83•-84
108 83'-85
121 83'-86
• Regular Agenda
Interpretation of uses in the "L-I" (limited industrial) zone
pursuant to X24-20, Paragraph D, of the Government Code.
MOTION: THAT WE ALLOW THE BODY SHOP IN THE LIMITED INDUSTRIAL ZONE
UNDER PERMITTED USES, IDENTIFIED UNDER SUBSECTION 3 WHERE
PERMITTED USES INCLUDE WOODWORKING, CABINET SHOP, SHEET
METAL WORK, PRINTING AND ENGRAVING -- MORE CLOSELY TO
THOSE THAT ARE INCLUDED THAN THOSE WHICH ARE EXCLUDED.
M S
VOTE: 1 2 3 4 5 (Unanimously carried)
January 25, 1983
MOTION: AFTER REVIEWING THE INFORMATION PRESENTED, COMMENTS RECEIVED,
PERSONAL KNOWLEDGE AND RESEARCH AND THE LACK OF SUBSTANTIATING
DATA FROM THE DEPARTMENT OF FISH AND GAME, TF FIND THAT A
SIGNIFICANT IMPACT ON DEER HERDS WILL NOT OCCUR, I FIND THE
PROJECT HAS BEEN REVIEWED PURSUANT TO CEQA AND COULD NOT HAVE
A SIGNIFICANT ENVIRONMENTAL IMPACT AND UPHOLD THE APPEAL.
M S
VOTE: 1"Y 2 N 3 Y 4 Y 5 N (Motion carried)
Public Hearing for 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.
MOTION: AFTER REVIEWING THE INFORMATION PRESENTED, COMMENTS
RECEIVED, PERSONAL KNOWLEDGE AND RESEARCH ANA THE LACK OF
SUBSTANTIATING DATA FROM THE DEPARTMENT OF FISH AND GAME, I
FIND THAT A SIGNIFICANT IMPACT ON DEER HERDS-WILL NOT
OCCUR, I FIND THE PROJECT HAS BEEN REVIEWED PURSUANT TO CEQA
AND COULD NOT HAVE A SIGNIFICANT ENVIRONMENTAL IMPACT AND
UPHOLD THE APPEAL.
M S
VOTE: l Y 2 N 3 Y 4 Y S N (Motion carried)
(SUPERVISOR WHEELER REQUESTED THAT STAFF FIND OUT THE
SIZE OF THE DEER HERDS, HOW MANY HUNTING LICENSES ISSUED
AND THE NUMBER OF DEER KILLED}
83-81
83•-82
Interpretation of uses in the "A-R" (agricultural residential) zone
as it pertains to underground indoor shooting ranges.
MOTION: THAT THIS USE BE CONSIDERED AS RECREATION-TYPE OR COUNTRY
CLUB-TYPE UNDER USES REQUIRING USE PERMITS.
M S
VOTE: 1 2 3 4 5 (Unanimously carried)
RECESS: 12:25 p.m.
RECONVENE: 12:37 p.m.
Report to the Board on George Robison letter re Peak View and Crest
View parcel map improvements. (CONTINUED TO FEBRUARY 1, 1983)
Butte County Code - discussion §24-29 - limitations on time for
oral comments. {CHAIR WILL BRING THIS BACK ON THE AGENDA AT A
LATER DATE)
City of Chico - cable television consultant proposal.
MOTION: I MOVE THAT WE RESPECTFULLY SEND A LETTER ADVISING THE
CITY OF CHICO TO GO AHEAD WITH THE STUDY BUT THAT WE CANNOT
SHARE THE COST.
S M
VOTE: 1 2 3 4 5 (Unanimously carried)
Page 442
January 25, 1983
January 25, 1983
154
214
325
482
1314
83-87 3efferson A. Boggs - writes requesting response by the Board to rezoning
to FR-10 for parcels in the Concow area, AP 58-17-18 and AP 58-20-05.
(LETTER TO BE WRITTEN FOR CHAIR TO SIGN)
83-88 Improving soils/planning information systems in Butte County -
a summary and a countywide study of .options to update soils maps for
the county.
MOTION: FOR INFORMATION TO BE REFERRED TO AGRICULTURAL ADVISORY
COMMISSION AND THEN TO PLANNING FOR ADVICE ON HOW TO PROCEED
S M
VOTE: 1 2 3 4 5 (Unanimously carried)
83-89 Communications
1. William E. Anderson - submits claim in the amount o£ $162,025.89
alleging a violation of employment contract.
MOTION: TO DENY CLAIM
S M
VOTE: 1 2 3 4 5 (Unanimously carried)
2. Senator Ray 3ohnson - provides information on Senate Joint
Resolution No. 1 relative to disclosure of personal information
concerning public assistance program applicants and recipients.
(TO BE BROUGHT BACK IN A WEEK OR TWO)
3. Butte County Farm Bureau - submits a request for reorganization
of the Agricultural Advisory Commission. (REFERRED TO AGRICULTURAL
ADVISORY COMMISSION)
4. Chico Area Recreation and Park District has concerns about the
exact boundaries of the Bidwell River Park and provides comments
on the Sierra Club Yahi Group letter dated November 4, 1982.
(REFERRED TO COUNSEL TO REVIEW PERTINENT DOCUMENTS, AND ALSO
REFERRED TO PUBLIC WORKS AND PLANNING. TO BE BROUGHT BACK ON
THE AGENDA IN A WEEK OR TWO}
', 5. Letter from Durham Booster Club requesting that roads be closed
during the Almond Blossom Run. (REFERRED TO PUBLIC WORKS)
6. Verbal request from Senator Ray Johnson's aide for Board to
support redistricting bill.
', MOTION: TO SUPPORT THE BILL, AS REQUESTED
S M
VOTE: l Y 2 NV 3 Y 4 Y 5 Y (Motion carried)
83-90 Business from the floor:
1. Carl Herrmann - regarding land use decisions previously made by
the Board.
2. Christine Herrmann -regarding land use decisions previously made
by the Board
', 3. William Houston - services which the county should provide and his
lawsuit.
4. Clay Castleberry - regarding the weather forecast and the problems
he faces with requests to protect private property.
RECESS: The Board recessed at 1:22 p.m. for closed session.
', RECONVENE: The Board reconvened at 1:58 p.m. following closed session
on matters of personnel and litigation. (NO ANNOUNCEMENTS
MADE)
Page 443
January 25, 1883
January 25, 1983
ADJOURNMENT: There being no further business before the Board at this
time the meeting was adjourned at 2:.00 p.m. to reconvene
at 9:00 a.m. on February 1, 1983.
ATTEST
R M. BECK R, COUNTY CLERK/RECORDER
nd ex-officio Clerk of the
Butte County Board of Supervisors
E DOLAN, CHAIR
Page 444
January 25, 1983
J