HomeMy WebLinkAboutM020183M I N U T E S
FEBRUARY 1, 1983
Minute Order
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BOARD OF SUPERVISORS
)AYE DOLAPf, ?ad Dis[n c[, CHAIR
AL SAR ACE VI, Lst Dis vict
HILDA WHEELER, 3rd Dis trio:
BERTHA ~tOSELE Y, 4th Dis[rct
LEN FVLTO N, nth Dis tric[
Call to order - Board of Supervisors room, County Administration
Building, 25 County Center brive, Oroville. (00)
Present: Supervisors Fulton, Moseley, Saraceni, Wheeler and Chair
Dolan. Mike Pyeatt, interim administrative officer; bel Siemsen,
county counsel; and Eleanor M. Becker, county clerk, by Cathy Pitts,
assistant clerk to the Board.
Pledge of Allegiance to the Flag of the United States of America
Invocation (Supervisor Moseley)
83-9P Additional items from Board members to be addressed at end of day:(g)
a. Giving certificate of appreciation for police officer of the
year {Supervisor Saraceni)
b. Report on CS AC conference (Supervisor Wheeler} (FEBRUARY 8, 1983)
c. Items on areas where flooding occurred (Supervisor Wheeler)
d. Request for closed session by Counsel (Chair Dolan) (CLOSED SESSIONS
', TO BE LISTED ON AGENDAS)
e. AB 36X and SB 174 money bills (Supervisor Wheeler)
Regular Agenda
83-92, The Director of Public Works requests consideration of a $30,000
loan to County Service Area 26 -- Thermalito Sewer (CONTINUED TO
FEBRUARY 15, 1983)(70)
83-93' I'teut pulled from the consent agenda for separate consideration: (75}
a. Larry r?cKinney appeal of Planning Commission's denial of use permit
b. :Ierald Lea appeal of tentative parcel map condition
c. BerneicL~Pratt appeal of Darrel Parsley tentative parcel map
d. Louis Duncan appeal of denial of time extension on final map
e. Kenneth Haddick appeal of Verall Sheldon tentative parcel map
f. Resolution amending Resolution 83-08 establishing County
Criminal Justice Facility Temporary Construction Fund
g. Final determination regarding audit of CETA sub grants
h. Resolution of intention to rename Knob Road.
Consent A enda '(93)
83-94' 1. Approval of minutes - January 25, 1983 - action requested -
APPROVE MINUTES
2. Penalty abatement requests - change of ownership reports -
action requested - APPROVE PENALTY ABATEMENT REQUESTS
3. Mark and Dorothy Ford - request for variance to Sections 19-10
and/or 19-12 of the Butte County Code for placement of a mobile
home on AP 39-21-070, Route 3, Box 127, Chico Street, Chico
area. Zoning: "A-20". Action requested - SET PUBLIC HEARING
FOR MARCH 1, 1983 AT 11:30 A.M.
4. B. C. Richter Contracting requests determination of whether a
mining and reclamation operation in an agricultural preserve is
a compatible use pursuant to Resolution 68-7 - action requested -
SET PUBLICH HEARING FOR MARCH 1, 1983 AT 11:30 A.M.
Page 445.
February 1,1983
February 1, 1983
S. February 22, 1983 public hearings - action requested RESCHEDULE
" PUBLIC HEARINGS FOR MARCH 1, 1983
6. The Dif.ector of Libraries requests acceptance of a donation of
$200 from the Friends of the Paradise Library to be used to
purchase new books. Action requested - ACCEPT DONATION IN
ACCORDANCE WITH GOVERNMENT CODE SECTION 25355.
7. Resolution establishing revolving Fund and impxest account for
Community Action Agency - action requested - ADOPT RESOLUTION 83-09.
8. Final map - Flower Subdivision Unit 2, 15 lots on the south side
of Country Club Drive, east of Pentz Road, Paradise area.
AP 55-44-13 (portion). Performance and labor and matexiais
bonds have been provided to guarantee construction of improvements
within one year. Action requested - NOTE THERE ARE NO TAXES OR
SPECIAL ASSESSMENTS WHICH ARE A LIEN, BUT NOT YET PARABLE; APPROVE
FINAL MAP, ACCEPT GRANT IN PEE SIMPLE, FALCONS VIE[d COURT AND
FEATHER ROCK COURT, ACCEPT EASEMENTS AS OFFERED FOR DEDTCATTON
IN THE OWNER'S CERTIFICATE, AUTHORI7E CHAIR TO SIGN SUBDIVISION
AGREEMENT
9. Resolution accepting FY 1982-$3 federal and state highway matching
funds to Butte County. Federal aid secondary - $356,672; and
state highway - $100,000. Action requested - ADOPT RESOLUTION
83-10 AND AUTHORIZE THE CHATR TO STGN.
10. Appointment to the Community Action Agency - District No. 5 -
Action requested - APPOINT TONY CATALANp TO SERVE UNTIL
DECEMBER 31, 1984.
11. Appointment to the Northern California Health Systems Agency -
action requested - APPOINT DR. JAMES DeMETRY TO THE NORTHERN
CALIFORNIA HEALTH SYSTEMS AGENCY TO SERVE UNTIL SEPTEMBER 1986.
12. Request to increase foster care home rate - action requested -
AUTHORIZE FOSTER CARE HOME RATES OF $674 PER 'MONTH PER RESIDENT
FOR ME. AND MRS. STEPHEN JONES AND $975 PER MONTH PER RESTDENT
FOR MR. AND MRS. TOM CONNOR.
13. Ordinance approving a development agreement for certain real
property located at theState Highway 99 and Durham-Oroville Highway
Pentz Road interchange. Action requested - WAIVE FIRST READING
OF THE ORDINANCE.
14. Budget transfer request by Community Action Agency transferring
between various line items to cover necessary notices for end
of grant year. Action requested - APPROVE BUDGET TRANSFER
MOTION: TO APPROVE CONSENT AGENDA ITEMS WITH DELETIONS AND
ADDITIONS
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Motion carried unanimously)
83-95 '' Resolution amending Resolution 83-08 establishing the County Criminal
Justice Facility Temporary Construction Fund t(276)
MOTION: TO ADOPT RESOLUTION 83-11 SETTING DATE FOR FUND
S M
VOTE: l Y 2 N 3 N 4 Y 5 Y (Motion carried)
Page 446.
February 1, 1983
February 1, 1983
83-96 Final determination has been made regarding the audit of the CETA
subgrants {301)
MOTION: AUTHORIZE THE NOTIFICATTON TO CETA SUBGRANTEES OF DISALLOWED
COSTS BASED ON THE 80-81 AUDIT
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Motion carried unanimously)
Regular agenda
83-97 Report on budget process - Financial Projection Committee (3g2)
MOTION: DIRECTION THAT SUGGESTED FORMAT WOULD BE MEETING WITH
REPRESENTATIVES OF THE MANAGEMENT COUNCTL TO REVIEW FOR
COMMENT OR ADDTTION AND THE COMMITTEE OF THE COUNCIL TO
SE DR. RAITT, WALLY HERRING, SHERIFF BROOKS AND JIM
RACKERBY: TO RESTABLISH POLICY THAT EXPENDITURES WILL
MATCH REVENUES FOR 1983-84: THE COUNTY ADI~NISTRATIVE
OFFICER IS TO DELIVER A BALANCED BUDGET PER THAT POLICY
FOR PRELIMINARY ADOPTION BY JUNE 15, 1983: THE COMMITTEE
TO BRING BACK ON MARCH 1, 1983 A BUDGET PROCESS INCORPORATING
THE-GROUPING SYSTEM FOR DEPARTMENTS: AND THE BOARD WILL BEGIN
OR DO THE PROCESS OF ALLOCATING AN ALLOCATION TO EACH GROUP
TO BE DETERMINED FROM THE REVENUE PROJECTION
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Motion carried unanimously)
RECESS: 9:48 a.m.
RECONVENE: 10:10 a.m.
~~
Public Hearings and Timed Items
83-98 Helen K. Tedd - request for variance to Sections 19-10 and/or 19-12
of the Butte County Code for placement of a mobile home on AP 31-19-11,
942 Plumas Avenue, Oroville-Thermalito area. Zoning: "AR-MH" (1353)
MOTION: TO APPROVE THE VARIANCE FOR ONE YEAR BUT ASKING ENVIRONMENTAL
HEALTH DEPARTMENT TO REPORT TO THE BOARD IN THREE MONTHS
TIME
S M
VOTE : 1 2 3 4 5
MOTION: TO TABLE MOTION UNTIL FEBRUARY 8, 1983 AT 10:00 A.M.
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Motion carried unanimously)
83-99 Gary Jacobs - proposed negative declaration and rezone from "A-R"
(agricultural-residential) and "R-4" (maximum density residential)
', to "PA-C" (planned area-cluster) to allow the development of a 24
unit residential subdivision located on the west side of Ouista Drive
and the east side of Alamo Avenue, approximately 220 £eet south of
', East Avenue, Chico, identified as AP 42-07-38. (1912} (~rx00.)
MOTION: NOTE THAT THE ENVIRONMENTAL DOCUMENTS REQUIRED BY CEQA HAVE
BEEN COPfPLETED AND CONSIDERED IN MAKING THIS DECISION AND
ADOPT A NEGATIVE DECLARATION; AND FIND THAT THE PROJECT
CONFORMS TO THE BUTTE COUNTY GENERAL PLAN; AND ADOPT
ORBINANCE 2334 REZONING AP 42-07-38 TO "PA-C" (GARY JACOBS)
SUBJECT TO THE CONDITIONS 1 THROUGH 31 AS LISTED ON
PLANNING DEPARTMENT MEMO DATED JANUARY 27, 1983 WITH
THE FOLLOWING CHANGES TO CONDITIONS 21 AND 30:
Page 447.
February 1, 1983
February 1, 1983
21. Contribute pro rata share toward construction of left turn
lane at the intersection of East Avenue and Alamo Avenue.
30. Building permit applications for residences in this subdivision
shall be subject to any school mitigation fees if such fees
are established by an ordinance enacted prior to the filing of
such applications or if a Community Facilities Act of 1982
District is created pursuant to California Government Code
Section 53311, et seq, covering the project area prior to the
issuance of any building permits.
S M
VOTE: l Y 2 Y 3 X 4 Y 5 Y (Motion carried unanimously)
83-100 Planning Commission - extension of interim S-H, new alignment of
Skyway, Paradise. (50)
MOTION: TO APPROVE EXTENSION OF INTERTM S-H FOR A PERIOD OF
60 DAYS NOTING THE HEARING ON THE PERMANENT PLACE~:ENT OF
ZONING IS SCHEDULED FOR FEBRUARY 15, 1983; ADOPT
ORDINANCE 2335
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Motion carried unanimously)
83-101 Ronald L. Shute - appeal of Advisory Agency's denial of tentative
parcel map and proposed negative declaration, AP 56-21-61, four
parcels, 2,400 feet east of Highway 32 on both sides of Garland
Road, Forest Ranch area. (189}
MOTION: WITH THE LACK OF SUBSTANTIATING DATA FROM THE DEPARTMENT OF
FISH AND GAME, I FIND A SIGNIFICANT IMPACT ON THE DEER
HERD WTLL NOT OCCUR; I FTND THAT THE SHUTE PARCEL MAP
IS TN COMPLIANCE WITH THE COUNTY'S GENERAL PLAN; I FIND THAT
THE PROJECT HAS BEEN REVTEWED PURSUANT TO CEQA..AND COULD NOT
HAVE A SIGNIFICANT ENVIRONMENTAL TMPACT; UPHOLDING THE
APPEAL WITH THE ATTACHED CONDITIONS AS SET FORTH IN
DEPARTMENT OF PUBLIC WORKS P~MO DATED JANUARY 13, 1983 OF
PUBLIC WORKS CONDITIONS 1 THROUGH 12 AND ENVIRONMENTAL
HEALTH CONDITIONS 13 THROUGH 16.
M S
VOTE: 1 X 2 N 3 Y 4 Y 5 N (Motion carried)
', Re~lar Agenda
83-102 Larxq Ludwig - closed hearing - appeal of Advisory Agency's require-
ment to provide an environmental impact report on tentative parcel
map, AP 51-01-143, four parcels, on both sides of Doe Mill Road,
', 800 feet north of Hummer Road, Doe Mill Ridge area. (968)
MOTION: WITH THE LACK OF SUBSTANTIATING DATA FROM THE DEPARTMENT OF
FISH AND GAME T FIND THAT A SIGNIFICANT IMPACT ON DEER
HERDS WTLL NOT OCCUR: AND I FTND THAT THE PARCEL MAP
IS TN COMPLTANCE WITH THE COUNTY'S GENERAL PLAN: I FIND
THAT THE PROJECT HAS BEEN REVIEWED PURSUANT TO CEQA AND
COULD NOT HAVE A SIGNIFICANT ENVIRONMENTAL IMPACT:
AMENDED MOTION: I WOULD MOVE TO UPHOLD MR. LUDWIG'S APPEAL OF
THE ADVI50RY AGENCY'S REQUIREMENT TO PROVIDE AN ENVIRON-
MENTAL IMPACT REPORT BASED UPON THOSE SAME KINDS OF
CONDTTIONS.
S M
VOTE: 1 X 2 N 3 Y 4 Y 5 N (Motion carried)
Page 448.
February 1, 1983
February 1, 2983
83-103 Clarence L. Sells - closed hearing - proposed negative declaration
and appeal of the Planning Commission's denial of a variance to
minimum lot size requirements to allow a 1.87 acre and a 2.98 acre
parcel to be created from a 4.84 acre parcel on property zoned
"TM-5" (timber mountain - 5 acre parcels) located approximately
200 feet west of the intersection of Nopel Drive and Cody Lane,
identified as AP 63-10-2, Forest Ranch. {1036)
MOTION: T FIND THAT THE REQUIREMENTS OF CEQA HAVE BEEN COMPLETED
AND CONSIDERED IN MAKING THIS AECTSION AND ADOPT A NEGATIVE
DECLARATION; I FIND THAT, BECAUSE OF SPECIAL CIRCUMSTANCES
APPLICABLE TO THE SUBJECT PARCEL, INCLUDING LOCATION AND
SURROUNDINGS, THE STRICT APPLICATION OF THIS CHAPTER
DEERIVES SUCH PROPERTY' OF PRIVILEGES ENJOYED BX OTHER
PROPERTY IN THE VICINITY AND UNDER IDENTICAL ZONING
CLASSIFICATION, ANB; APPROVE A VARIANCE TO ALLOW PARCELS
SMALLER THAN THE MINIMUM 51ZE ALLOWED BY THE "TM-5"
ZONE ON AP 63-10-02 (CLARENCE SELLS), SUBJEC T TO THE
CONDITIONS 1, 2 AND 3 LISTED ON PLANNING DEPARTMENT
MEMO DATED JANUARY 19, 1983
S M
VOTE: I Y 2 N 3 Y 4 Y 5 N (Motion carried)
83-104 Interpretation of the application of Chapter 24 regarding o££-
street parking, Section 24-35. (NO CHANGES TO BE MADE IN
INTERPRETATION. SUPERVISOR SARACEN I, PUBLIC WORKS AND PLANNING
TO CONTINUE TO TALK WITH BERRY CREEK HEALTH CENTER ABOUT WAYS
TO HELP WITH THE PROBLEM) (1089)
83-105 Report to the Board on George Robison letter regarding Peak View
and Crest View parcel map improvements. (CLERK TO PREPARE TRANSCRIPT
OF MOTION MADE BY BOARD. TO BE CONSIDERED ON FEBRUARY 8, 1983) (1577)
83-106 The Director of Public Works recommends a resolution o£ appreciation
for community service - Elmer Ames. {2599.)
MOTION: TO ADOPT RESOLUTION 83-12 OF APPRECIATION FOR ELMER AMES
M S
VOTE: 1 X 2 Y 3 Y 4 Y 5 Y {Motion carried unanimously}
83-107 CSAC Statewide Public Information Week - presentation of information
and adoption of resolution. '(2644)
MOTION: TO ADOPT RESOLUTION 83-13 DESIGNATING WEEK OF JANUARY 31,
1983 A8 PROJECT INDEPENDENCE WEEK FOR LOCAL GOVERNMENT
M 5
VOTE: l Y 2 Y 3 Y 4 Y 5 Y {Motion carried unanimously}
83-108 Appointment of Board members to various committees. (CONTINUED TO
FEBRUARY 8, 1983) (2679)
Communications
83-109 Chico Community Day Care Center - submits a request for funding for
', the 1983-84 fiscal year. (LETTER TO BE DRAFTED FOR REQUESTS FOR
FUNDING THAT STATES THE COUNTY WILL NOTIFY THE REQUESTER WHEN THE
', BOARD IS HOLDING THE REQUIRED HEARING AS TO THE USE OF REVENUE
SHARING MONIES AND THAT THE BOARD HAD RECEIVED THE CORRESPONDENCE)
(2684)
Page 449.
February 1, 1983
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February lr 1983
Additional items from Board members:
83-110
MOTION: APPROVE CERTIFICATE OF APPRECIATION FOR POLICE OFFICER
OF THE YEAR FOR THE SHERIFF TO MAKE THE PRESENTATION
TO OFFICER 4TH0 IS CHOSEN (2717)
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Motion carried unanimously)
MOTION: LETTER OF APPRECIATION TO BE SENT TO CITIZENS FOR DECENCY
THROUGH LAW THANKING THEM FOR THEIR LEGAL ASSISTANCE IN
DEVELOPING THE PORONOGRAPHTC ORDINANCE (2753)
s M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Motion carried unanimously)
Areas of flooding in northeastern and eastern portions of Chico
and requests for possible formation of maintenance districts
(Supervisor Wheeler) (2776)
Consideration of livestock ordinance for open range (TO BE
CONSIDERED ON FEBRUARY 8, 1983 AT 11:00 A.M.) (2877)
RECESS: 12:19 P.M.
RECONVENE: 2:07 P.M.
Board of Supervisors workshop - County Administrative Officer
function (2973) (***00) (****00)
MOTION: THAT COUNTY ADMINISTRATIVE OFFICE FUNCTION CONTINT7E
M S
VOTE: l Y 2 Y 3'Y 4 Y 5 Y (Motion carried unanimously)
MOTION: TO DIRECT THAT COUNTY COUNSEL PREPARE A DRAFT ORDINANCE
BASED ON POLICY INDICATIONS TODAY
M 5
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Motion carried unanimously)
(TO BE CONTINUED TO FEBRUARY 15, 1983)
CLOSED SESSION: The Board recessed at 3:42 p.m. to hold a break and
closed session
RECONVENE: The Board reconvened at 5:14 p.m. following a closed session.
Consent A~~enda _(88)
1. Lippincott-Guth, engineers, on behalf of Jerald Lea, wish to
appeal the Advisory Agency's condition 1, for tentative parcel
map, AP 41-48-35, 2 parcels, directly south of Littlefield
Reservoir between Los Ranchos Road and Zonalea Lane, approxi-
mately 1600 feet southeast of Humpyback Road and Los Ranchos
Road intersection Oroville area - action requested SET
PUBLIC HEARING FOR FEBRUARY 15, 1983 AT 11:30 A.M. TO BE
IMMEDIATELY CONTINUED TO MARCH 8, 1983 AT 10:00 A.M.
83-111
83-112
2. Berneice Pratt, Chico - wishes to appeal the Advisory Agency's
approval of the Darrel Parsley proposed mitigated negative
declaration and tentative parcel map, AP 46-46-02, four parcels,
located on east side of Highway. 99, 800 feet plus, north of
Keefer Road, north Chico area -Action requested SET PUBLIC
HEARING FOR FEBRUARY 15, 1983 AT 11:30 A.M. TO BE IMMEDIATELY
CONTTNUED TO-MARCH 8, 1983 AT 10:30 A.M.
Page 450.
February 1, 1983
February 1, 1983
3. Robert Huskey, engineer, on behalf of Louis Duncan, wishes to
appeal the Advisory Agency's denial of a time extension to
file a final map involving four parcels on the north side of
Hurleton Road, west end of Lake Wyandotte, Lake Wyandotte
area - action requested - SET PUBLIC HEARING FOR FEBRUARY 15,
1983 AT 11:30 A.M. TO BE IMMEDIATELY CONTINUED TO MARCH 8,
1983 AT 11:00 A.M.
4. Kenneth Haddick, Forbestown, wishes to appeal the Advisory
Agency's approval of Verall Sheldon negative declaration
and tentative parcel map, AP 73-30-21, four parcels, approxi-
mately 1400 feet east side of Bamford Way, east Oroville
area..- action requested - SET PUBLIC HEARING FOR FEBRUARY 15,
1983 AT 11:30 A.M. TO BE IMMEDIATELY CONTTNUED TO MARCH 15,
3983 AT 10:30 A.M.
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Motion carried unanimously)
83-113 Report on closed session. (THE BOARD DID HAVE A WORKSHOP AND CREATED
WHAT THEY BELIEVE IS A NEWLY CONSTITUTED ADMINISTRATIVE OFFICER
POSITION WHICH WILL BE FINALIZED ON FEBRUARY 15, 1983. AT THAT TIME,
IT IS THE BOARD'S INTENT TO ANNOUNCE AND RECRUIT THE POSITTON. THE
BOARD DISCUSSED THE REQUEST TO CREATE A POSITION AND HAVE DECTDED
NOT TO ADD A POSITION TO THE CURRENT ADMINISTRATT~IE OFFICE STRUCTURE
NOR TO ADD A POSITION TO THE NEWLY CONSTITUTED ADMINISTRATIVE OFFICE.
IT IS THE BOARD'S INTENTION. THAT ONCE THE ORDINANCE IS FINALTZED, AT
THAT POINT THE BOARD WILL GIVE DIRECTION TO RECRUIT TO FILL THE POSITION.
(169)
83-114 Bachman & Associates, engineers, on behalf of Larry McKinney, wish
to appeal the Planning Commission's denial of a use permit for 22
duplexed on AP 31-29-OOi, Thermalito (SET PUBLIC HEARING FOR
MARCH 15, 1983 AT 11:00 A.M.) (200)
83-115 Resolution of intention to rename Knob Road (Sig Bend Road to Big
Bend Road) to Park Hi11 Circle (212)
MOTION: TO ADOPT RESOLUTION 83-14 SETTING PUBLIC HEARING FOR MARCH 15,
1983 AT 10:00 A.M.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Motion carried unanimously)
83-1I6 Additional items from Board members:
Letter from Tehama County relative to SDA designations (Supervisor
Wheeler) (229)
ABJOURNMENT: There being nothing further before the Board at this
time, the meeting was adjourned at 5:23 p.m. to reconvene on Tuesday,
February 8, 1983 at 9:00 a.m.
air -Board of Supervisors
ATTEST: ELEANOR M. BECKER, COUNTY CL RK
and ex--officio Clerk the
Board of upervisor
age 451.
February 1, 1983