HomeMy WebLinkAboutM041983M I N U T E S
April 19, 1983
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BOARD OF SUPERV150R5
jAYE DOLAN, :nd Ats:nc[, CHAIR
AL ~ARACE`7;, Is[ Dis uic[
HIi.D:. kH£ELE R, 3rd Dis tr w:
BERTHA .`d OSELEY, +th Distr:c[
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Minute Order
23
65
2. Budget transfers. Action requested: APPROVE BUDGET TRANSFERS.
3. Robert Armstrong - request for variance to Secions 19-10 and/or
19-12 of the Butte County Code for placement of a mobile home on
Armstrong Way, Gridley, CA. Zoning: A-40. Action requested:
SET HEARING FOR bjAY 17, 1983, AT 10:00 A.M.
4. Tom Tarman, Chico - appeals use permit imposed by the Planning
Commission for St. .john's Episcopal Church. Action requested:
SET PUBLIC HEARING FOR MAY 10, 1983, AT 10:00 A.M.
5. Ted Runge, Oroville - appeals Advisory Agency's denial of a
tentative parcel map, AP 71-01-084. Project foes not conform
with General Plan. Action requested: SET PUBLIC HEARING FOR
MAY 10, 1983, AT 10:30 A.M.
o. Sale of County Telephone Directories. Action requested:
AUTHORIZE SALE TO OTHER AGENCIES AND THE PUBLIC AT THE COST
OF $1.00. PER COPX.
Page 24
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 Pyeattr 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
83-338 Additional items from Board members to be addressed at the
end of the day:
(a) Discussion of the make-up of the Foothill Study Committee. -
Supervisor Wheeler
(b) Discussion of recent Private/Public Partnership Meeting
recently attended - to be discussed in conjunction with
item 4.Oo on the agenda. - Supervisor Wheeler.
(c) Discussion of proposal from Director of Finance on behalf of
the Governor to withhold additional motor vehicle in lieu funds. -
Chair Dolan
(d) Request from county counsel to consider resoluta.on to be
presented at Chico Municipal Airport Redevelopment Agency
hearing tonight. - Chair Dolan
83-339 Consent Agenda
1. Approval of minutes -- April 12, 1983. Action requested:
APPROVE MINUTES.
April 19, 1983
April 19, 1983
7. Appointment to the ~~ental Health Advisory Board. Action
requested: APPOINT BERNARD HIETPAS TO THE MENTAL HEALTH
ADVISORY BOARD TO SERVIE UNTIL DECEMBER 31, 1983.
8. Appointment to the Paradise Cemetery District. Action requested:
APPOINT WILLIAM CRAM TO THE PARADISE CEMETERY DISTRICT TO SERVE
UNTIL JULY 1984.
9. Appointment to the Agricultural Advisory Commission - District 5.
Action requested: APPOINT JERRY MENDON TO THE AGRICULTURAL
ADVISORY COMMISSION TO SERVE UNTIL DECEMBER 31, 1984.
Z0. Appointments to the Oroville Memorial Hall Committee. Action
requested: APPOINT LAWRENCE CATO AND HUGO HOGAN TO THE OROVILLE
MEMORIAL HALL COMMITTEE TO SERVE UNTIL DECEMBER 31, 1983.
11. Cameron, Persons, Persons & Miller - submits claim on behalf of
neil Johnson alleging violation of constitutional rights at
the Butte County Jail in the amount of $500,000. Action
requested: DENY CLAIM.
12. Paul T. Persons, John T. Luvaas, Jr., attorneys - submit claim
against the County of Butte, Board of Supervisors, Advisory
Agency, Hilda Wheeler, Bertha Moseley and Al Saraceni in the
amount of $1,000,000 alleging damages when the Quail Canyon
Tentative Subdivision was approved. Action requested:
DENY CLAIM.
13. Final map - Robinson Mill Ranches Subdivision - 25 lots on the
northwest coiner of Eddy Court and Restive Drive, Forbestown
area. AP 73-11-60. The improvements have been constructed
and the developer has provided an irrevocable letter of credit
to guarantee maintenance fox a period of one year, ending
April 19, 1984. Action requested: APPROVE DEPOSIT BY DEVELOPER
OF $1,785.00 FOR TAXES 012 SPECIAL ASSESSMENTS WHICH ARE A LIEN
BUT NOT YET PAYABLE. APPROVE FINAL MAP AND ACCEPT DEDICATION
IN FEE SIMPLE OF EDDY COURT AND ONE-FOOT NO ACCE55 STRIP.
AUTHORIZE CHAIRP7AN TO SIGN SUBDIVISION AGREEMENT.
14. Resolution authorizing execution of highway easement for Bennett
Road crossing of Southern Pacific Railroad Crossing No. C-194.3.
No costs involved. Action requested: ADOPT RESOLUTION 83-65.
15. Cooperative Extension and Executive Order 12372. Action requested:
SEND LETTER REQUESTING COOPERATIVE EXTENSION BE EXCLUDED FROM
EXECUTIVE ORDER 12372.
16. Report from Planning Commission - consideration of adoption
of City of Oroville's Land Use, Circulation and Moise Elements,
File 83-69. Action requested: RECEIVE REPORT.
17. Midway Orchards - Land Conservation Act Withdrawal application -
request for a 90 day extension of time. Action requested:
GRANT 90 DAY EXTENSION OF TIME.
18. Board of Supervisors - referral to the Planning Commission to
consider reduction of densities and establishment of wildlife
corridors for a proposed specific plan for Bidwell Heights Land
Company to allow the development of an approximate 337 unit
cluster and conventional residential land project with neighbor-
hood commercial and recreation facilities on Doe Mi11 Ridge,
Page 25
April 19, 1983
April 19, 1983
approximately seven miles south of Forest Ranch, Action
Requested: SET PUBLIC HEARING FOR MAY 10, 1983, AT 1:30 P.M.
~ 19. Donation of Volunteer Fire Station sites - Clipper Mills
~ Volunteers and Brush Creek Volunteers. Action requested:
ACCEPT OWNERSHIP AND AUTHORIZE CHAIR TO SIGN GRANT DEEDS.
.MOTION: APPROVE CONSENT AGENDA
S P-f
VOTE: l Y 2 Y 3 Y 4 Y S Y (Unanimously carried)
Regular Agenda
65 83-340 Land Development Process Commission - report on road standards
and processes for PA-C zoning.
MOTION: THAT 6VE REFER THIS TO PUBLIC WORKS, REQUESTING THE
APPROPRIATE AMENDMENTS TO OUR STANDARDS, ORDINANCES
OR WHATEVER BE PREPARED.
M S
VOTE: l Y 2 Y 3 Y 4 Y S Y (Unanimously carried)
(PLANNING DEPARTMENT TO MEET WITH LAND USE COMMISSION)
180 83-341 Report re petition requesting developers help in improving roads
in Peak View Drive and Crest View Drive. (Continued from
April 12, 1983) (SUGGESTED THAT BOARD ASSIST RESIDENTS TO FORM A
ROAD MAINTENANCE DISTRICT. PUBLIC WORKS DIRECTOR TO BRING BACK
SUGGESTIONS ON APRIL 26, 1983)
225 33-342 Community Action Agency Administering Board - recommends merit
increase for the Executive Director, Range 23.0, step A to step B.
(CONTINUTED TO APRIL 26, 1983)
253 83-343 Economic Development Subgrant.
MOTION: I WILL MOVE THAT THE MONIES BE APPROPRIATED FROM THE
RESERVES, ~ TO THE PROFESSIONAL AND SPECIALIZED
SERVICES WITHIN THE BOARD OF SUPERVISOR'S BUDGET.
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
720 83-344 Chief Administrative Officer Selection Committee - District 4.
P1OTION: TO APPOINT CHARLES JOHNSON TO THE CHIEF ADMINISTRATIVE
OFFICER SELECTION COMMITTEE FROM DISTRICT 4.
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried}
{BOARD WILL DECIDE APRIL 26 WHETHER OR NOT TO INTERVIEW CANDI-
DATES ON MAY 31, 1983)
875 83-345 Planning Director requests direction on an amendment to revise
zoning policies for the Chico Area Land Use Plan, specifically
Section G, item a) 1) page 73 of the Land Use Element, Butte County
General Plan.
Page 26
April 19, 1983
April 19, 1983
MOTION: TO GO AHEAD AND SET THE HEARING DATE.
MOTTON AMENDED: TO INCLUDE SETTING THE DATE FOR HEARING FOR
MAY 17, 1983, AT 10:15 A.M.
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
RECESS: 9:40 A.M.
RECONVENE: 9:54 A.M.
1084 83-346 JTPA - Private Industry Council - the county has applied for desig-
nation as a Service Delivery Area (SDA) for administration of the
Jobs Training Partnership Act (JTPA) funds. A Private Industry
Council must be created to develop the annual plan.
MOTION: IT IS OUR INTENT TO ESTABLISH A COUNTY-WIDE TASK FORCE
AND WILL SPECIFICALLY IDENTIFY TASK FORCE BY NAME NEXT
WEEK, INCLUDING THE CHARGE ALSO.
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
1498 83-347 Nord Community - developer moratorium - discussion.
(SUPERVISOR SQHEELER AND CHAIR DOLAN TO WORK WITH MR. MCCAIN
AND AYR. CASTLEBERRY FOR SCHEDULING AND PUBLIC ANNOUNCEMENT OF
** INFORMATIONAL MEETING TO BE HELD WITHIN A MONTH)
00
RECESS: 10:48 A.tR.
RECONVENE: 11:02 A.M.
Public Hearings and Timed Items
87 83-348 Board of Supervisors - referral to the Planning Commission to
consider SR-5 and 10 (suburban residential - 5 and 10 acre parcels)
zoning in place of the previously considered SR-3 zoning the
northerly portion of the Bidwell Heights Land Company, rezone of
property located on Doe Mill Ridge approximately seven miles south
of Forest Ranch, approximately three miles east of Highway 32,
and seven miles east of Chico. (TO BE CONTINUED OPEN TO
MAY 10, 1983, AT.1:30 P.M. IN CONJUNCTION WITH SPECIFIC PLAN
HEARING, BIDWELL HEIGHTS)
1690 83-349 Continued open hearing - K.E. Thacker - appeal of requirement
for an environmental impact report on property identified as 'i
AP 41-03-115, on a request for rezoning from S-H and A-2 to PA-C,
located on the west side of Pentz P9agalia Highway, approximately
one mile north from Oroville Pentz Road, Paradise.
MOTION: I MOVE WE FIND THAT AN ARCHEOLOGICAL SURVEY AND A BOTANICAL
SURVEY HAVE BEEN CONDUCTED INDICATING NO PROBLEMS, AND
THAT OTHER CONCERNS ARE OVERSTATED IN THE INITIAL STUDY
CHECKLIST. MANY OF THESE SHOULD BE CONSIDERED "NOT
SIGNIFICANT" BECAUSE OF THE SMALL SCALE OF-THE PROJECT
AND THE ABSENCE OF KNOWN ENVIRONMENTAL PROBLEMS AT THIS
LOCATION. FOR THESE REASONS, I FURTHER MOVE THAT CHECK-
LIST ITEMS 1H, 3F, 4B, 11, l2, 13A, 13C, 13 F, 14A, 14B,
Wage 27
April 19, 1983
April 19, 1983
14C, 14D, 14E, 19, 21 AND 22C ALL BE MOVED FROM THE
"MAYBE" COLUMN TO THE "NO" COLUMN (THIS WOULD LEAVE
lE, 10, 16D, 17A, AND 17B IN THE "MAYBE" COLUMN), AND
THAT A MITIGATED NEGATIVE DECLARATION BE ADOPTED SUBJECT
TO THE FOLLOWING MITIGATION MEASURES:
1. MINIMIZE ROAR CUTS AND FILLS BY CONFORMING ROAD
ALIGNMENTS TO CONTOUR LINES.
2. ALL GRADING TO BE DONE IN ACCORDANCE 49ITH CHAPTER 70 OF
THE UNIFORM BUILDING CODE AND PERTINENT RECOMMENDATIONS OF
THE EROSION AND SEDIMENTATION CONTROL HANDBOOK (P.Y.
AMTMOTO, MAY, 1978, CALIFORNIA DEPARTMENT OF CONSERVATION).
3. Prompt revegetation of construction sites and road
grading.
4. Pflaintain two feet depth in all ponds, and limit SOD
(BTOCHEDIICAL OXYGEN DEMAND) LOADING RATES TO LESS THAN
0.8 POUNDS/DAY PER 1000 SQUARE FEET OF LAGOON SURFACE.
5. Control surface-EMERGENT AND MARGINAL SANK-SIDE
VEGETATION.
6. MAINTAIN MOSQUITO FISH TN THE PONDS OR USE PESTICIDES
AS NEEDED.
7. PONDS TO BE SEALED TN ACCORDANCE WITH REQUIREMENTS OF
THE CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD AND
BUTTE COUNTY HEALTH DEPARTMENT.
8. SURROUND THE PONDS WITH A SIX-FOOT HIGH CHAIN LINK
FENCE WITH A LOCKED GATE.
9. LANDSCAPE THE OUTSIDE OF THE BANKS WHICH SURROUND THE
PONDS, AND THE FENCES.
10. MAINTAIN 100-FOOT SEPARATION BETWEEN PONDS AND
DS9ELLING UNITS.
S M
VOTE: l Y 2 N 3 Y 4 Y 5 N (Motion carried)
3081 83-350 Board of Supervisors - proposed negative declaration regarding
environmental review and rezone from A-40 (agricultural - 40 acre
parcels) to A-5 (agricultural - 5 acre parcels) located southwest
of the intersection of State Highway 99 and Richvale Highway, to
correct Ordinance No. 1589, west of Oroville.
MOTION: I WOULD MOVE TO ADOPT ORDINANCE 2347 REZONING AP 29-17-12,
15, 16, 27,41, 42, 49, 50, 69 AND 70 TO A-5 TO CORRECT
AN ORDINANCE, NUMBER 1589, DATED JUNE 17, 1975.
S M
VOTE: 1 2 3 4 5
MOTION APIENDED TO INCLUDE: FIND THAT THE REQUIREMENTS OF CEQA HAVE
BEEN COMPLETED AND CONSIDERED IN MAKING THIS DECISION AND
ADOPT A NEGATIVE DECLARATION, AND FIND THAT THE PROPOSED
REZONE CONFORMS TO THE POLICIES, INCLUDING THE TEXT AND
MAP, OF THE BUTTE COUNTY GENERAL PLAN.
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
(SUPERVISOR MOSELY TO TALK WITH PEOPLE IN THE AREA TO SEE IF THEY
C~7OULD LIKE FOR BOARD TO INITIATE REZONING)
Page 28
April 19, 1983
April 19, 1983
645 83-351 Recognition of persons wishing to speak:
1. Dewey G. Riscioni, District Ranger, Oroville - regarding
the President's "Asset Management Program'.' proposal.
RECESS: 1:58 P.M.
RECONVENE: 2:30 P.M.
2. Dan Blackstock on behalf of St. John's Episcopal Church -
requesting the Board request an opinion of the Attorney General
relative to accessibility within a church santuary - whether
the state can mandate controls as to the height of an altar;
and, requesting Board direct Public works to release the plans
with the three areas of concern disapproved - (1)ramp to sanctuary,
(2) elevator to choir loft, (3) ramp to location of pipe organ.
MOTION: TO APPROVE REQUESTS
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
987 83-352 Communications
1. Eileen Ritter, president, Cohasset P.T.A. - writes to request
that a culvert be placed in a drainage ditch located in front
of the Cohasset Elementary School. (REFERRED TO PUBLIC WORKS)
2. Department of Alcohol and .Drug Program - sends notice of approval
of emergency service for the Butte County Drinking Driver
Program. (INFORMATION ONLY)
3. James Hurst, president, .Butte County Veterans' Councils,
forwards a resolution of the council recommending James Hayes
for appointment to the county's Private Industrial Council.
(REFER TO TASK FORCE COMMITTEE WHEN IT IS ESTABLISHED)
1022 83-353 Additional items from Board members to be addressed at the end
of the day:
1. Report of some phone calls regarding the make-up of the
Foothill Study Committee. - Supervisor Wheeler
(COMMITTEE AS CONSTITUTED WILL STAY)
2. Request of staff to look. into the matter of state-owned
• land. •- Supervisor Moseley.
3. Discussion of memo relative to designation of persons to
Open Grazing Committee - two members from Agricultural Advisory
Committee, a land owner, a cattle rancher and a federal govern-
ment representative. - Supervisor Fulton
4. Request for item to be put on agenda for next week - that
Supervisors Fulton and Saraceni to bring forward format,
public hearings regarding special districts for water and
and power users, Butte Creek Dam Project. - Supervisor Fulton
5. Discussion of memo written to John Vasconcellos and Al Alquist
from Michael Franchetti requesting approval of $60,000,000
to be withheld in 83-84 motor vehicle in lieu funds , - Chair Dolan.
MOTION: TO DIRECT THE SAME LETTER THAT WE DID BEFORE TO THE WAYS
AND MEANS COMMITTEE AND SENATE FINANCE COMMITTEE WITH A
CC TO DIRECTOR OF FINANCE TI~AT WE OPPOSE ANY MOVE TO TAKE
MOTOR VEHICLE IN LIEL12'
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
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April 19, 1983
April 19, 1983
6. Discussion of AB 759 - asking to repeal sunset date of
August 31, 1983, regarding existing 95~ state, 5~ county sharing
ratio for non-federal cost of the foster care program. -
Supervisor 44heeler.
MOTION: THAT LETTER IN SUPPORT OF AB 759 BE SENT TO THE
PERTINENT PEOPLE.
M S
VOTE: l Y 2 Y 3 Y 9 Y 5 Y (Unanimously carried)
7. Discussion of recent Private/Public Project meeting recently
attended. - Supervisor Wheeler (SUPERVISOR WHEELER TO SEND
DATA RELATI'V'E TO LEGISLATION TO BOARD MEMBERS)
8. Consideration of adopting resolution to be presented at
the Chico Municipal RDA hearing. - Chair Dolan
MOTION: TO ADOPT RESOLUTION 83-66, AUTHORIZING COUNTY OF BUTTE
TO RECEIVE ALL OF THE TAX REVENUES ATTRIBUTABLE TO INCREASES
IN THE TAX RATE IMPOSED.
s M
VOTE: l Y 2 Y 3 Y 4 Y S Y (Unanimously carried)
CLOSED SESSION: The Board recessed at 2:58 p.m. for a closed
session on litigation.
RECONVENE: The Board reconvened at 3:57 p.m, following a closed
sesson on litigation. (NO ANNOUNCEMENTS)
ADSOURNNENT: There being nothing further before the Board the
meeting was adjourned at 3:58 p.m.
it Board of Supervisors
ATTEST: ELEANOR M. BECKER, COUNTY CLERK
and ex-officio Clerk of the
Board of ezvisors
By:
Page 30
April 19, 1983