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May 10, 1983
83-409
83-410
Ca11 to order - The Board of Supervisors room, County Administration
Building, 2S County Center Drive, Oroville, 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
CLOSED SESSION: The Board recessed at 8:17 a.m. for a closed session on
personnel.
RECONVENE: The Board reconvened at 8:52 a.m, following a closed session
on personnel. {NO ANNOUNCEMENTS)
RECESS: 8:52 a.m.
RECONVENE: 9:06 a.m.
Additional items from Board members to be addressed at the end of the day:
(NONE)
Items pulled from the consent agenda for separate consideration:
1. Salary Ordinance amendment.
2. Appointment to the Mental Health Advisory Board.
3. Tentative appointment to Foothill Study Committee - Rob Shield.
83-411 Consent Agenda
1. Approval of minutes - May 3, 1983. Action requested: APPROVE MINUTES.
2. Budget transfers. Action requested: APPROVE BUDGET TRANSFERS.
3. TeleNational Communications - request for cable television franchise
in the Durham area. Action requested: SET PUBLIC HEARING FOR MAY 24,
1983, AT 11:00 A.M.
4. Distribution of excess tax proceeds from the sale of AP 053-11-D-070-0 -
Ward J. Bolton in the amount of $36,565.58 (100$). Action requested:
ORDER THE AUDITOR TO DISTRIBUTE THE EXCESS PROCEEDS FROM THE SALE OF THE
SUBJECT PROPERTY IN ACCORDANCE WITH REVENUE AND TAXATION CODE ®4675
AS FOLLOWS: WARD J. BOLTON, 100$.
5. Distribution of excess tax proceeds from the sale of AP 013-22-6-001-0 -
City o£ Oroville, in the amount of $3,366.98. Action requested:
ORDER THE AUDITOR TO DISTRIBUTE THE EXCESS PROCEEDS FROM THE SALE OF
THE SUBJECT PROPERTY IN ACCORDANCE WITH REVENUE AND TAXATION CODE X4675
AS FOLLOWS: CITY OF OROVILLE, $212.33.
Page 50
May 10, 1983
May 10, 1983
b. Authorize letter to State Department of Finance requesting certi-
fication of county population at 154,421 as of Jahuasy 1, 1983.
Action requested: AUTHORIZE LETTER.
7. Salary Ordinance amendment - this ordinance transfers Clerk to the
Board staff services to Administration, reclassifies positions in
the Treasurer-Tax Collector's Office and establishes the new Director
of Health Services. Action requested: WAIVE THE FIRST READING OF
THE ORDINANCE.
8. State Disability Insurance coverage - pursuant to the Memorandum of
Understanding with the Butte County Employees' Association, a majority
of employees in the unit have voted affirmatively for coverage under
the State Disability Insurance Programs. Action requested: ADOPT
RESOLUTION 83-74 MAKING APPLICATION FOR STATE DISABILITY INSURANCE
COVERAGE AND AUTHORIZE THE CHAIR TO SIGN.
9. Agreement with the Butte County Economic Development Corporation to
provide economic development activities. Action requested: APPROVE
AGREEMENT FOR 1982-83.
10. Department of Health Services - grant application for juvenile
runaway project. Acticn requested: APPROVE THE CONCEPT OF THE PRO-
JECT AND AUTHORIZE THE DIRECTOR OF HEALTH SERVICES TO FINALIZE THE
APPLICATION AND SUBMIT APPLICATION TO YOUTH DEVELOPMENT BUREAU.
11. California Land Conservation Act cancellation. Action requested:
APPROVE SPECIFIC RECALCULATIONS AS REQUESTED BY THE ASSESSOR.
12. The North Burbank Public Utility District wants to annex several
developed parcels to the district. They have agreed to allow property
tax to remain with the county. Action requested: ADOPT RESOLUTION 83-75
APPROVING THE PROPERTY TAX EXCHANGE AGREEMENT, AND AUTHORIZE THE CHAIR
TO SIGN BOTH THE RESOLUTION AND THE AGREEMENT.
13. Medical claims for indigents. Action requested: AUTHORIZE THE PAYMENT
OF MEDICAL CLAIMS FOR INDIGENTS IN THE AMOUNT OF $9,647.31 IN ACCORDANCE
WITH THE REPORT SUBMITTED BY THE DIRECTOR OF HEALTH SERVICES.
I4. California Counties Cooperative Audit Service Exchange Joint Powers
Agreement (Assessor). Action requested: APPROVE AGREEMENT, AUTHORIZE
CHAIR TO SIGN.
15., Appointments to the Wyandotte Cemetery District. Action requested:
APPOINT J. W. RUTHERFORD, DALLAS BAER AND WANDA SITTON TO THE WYANDOTTE
CEMETERY DISTRICT'S BOARD OF DIRECTORS TO SERVE UNTIL MAY 1987.
I6. Appointment to the Drug Abuse Committee. Action requested: APPOINT
GARY BRUCE TO THE DRUG ABUSE COMMITTEE TO SERVE UNTIL JULY 1, 1984.
17. Claim - Boccardo Law Firm, on behalf of Evelyn Aiello and other,
submits claim for damages for wrongful death. Action requested:
DENY CLAIM.
18. Final map - Big Chico Creek Estates Unit 4 - 95 lots on the south side
of West Sacramento Avenue, 3000 feet west of Highway 32, Chico area;
AP 42-15-34 and 37 and 43-29-14 and 22. The developer has supplied an
irrevocable letter of credit to guarantee construction of improvements
and installation of California Water Service and Pacific Gas and
Electric facilities. Action requested: APPROVE DEPOSIT BY DEVELOPER
Page 51
May 10, 1983
May 10,• 1983
OF $8,815.81 FOR TAXES OR SPECIAL ASSESSMENTS WHICH ARE A LIEN
BUT NOT YET PAYABLE; APPROVE FINAL MAP; ACCEPT DEDICATION OF EASEMENTS
AS GRANTED IN ITEMS A, B AND C OF THE OWNER'S CERTIFICATE; ACCEPT
GRANT IN FEE SIMPLE SACRAMENTO AVENUE, WESTMONT DRIVE, WESTMONT
COURT, WINKLE DRIVE, LAZY TRAIL DRIVE, HILLGROVE COURT, BRIDLEWOOD
COURT, FERNBROOK LANE AND CREEK HAVEN PLACE AS OFFERED IN ITEM D
OF THE OWNER'S CERTIFICATE; AUTHORIZE CHAIR TO SIGN SUBDIVISION
AGREEMENT.
19. Contract Change Order No. 1, Midway Bridge across Western Canal,
Project No. 26311-81-1 - CCO No. 1 in the decreasing amount of
$435 provides for eliminating a portion of guard rail end sections
because of deleting a driveway access to Midway. Action requested:
APPROVE CCO NO. 1 AND AUTHORIZE CHAIR TO SIGN.
20. Ordinance establishing speed limit on Marian Avenue. Action regested:
WAIVE FIRST READING.
21. Carr salvage sale and Rock and Hang salvage sale - these agreements
cover maintenance of portions of Humboldt Road by the U.S. Forest
Service for timber sales. No county funds involved. Action requested:
APPROVE AGREEMENTS AND AUTHORIZE DIRECTOR OF PUBLIC WORKS TO SIGN
ON BEHALF OF COUNTY.
22. Proposition 4 appropriation limit calculations for fiscal year
1983-84. Action requested: ACKNOWLEDGE RECEIPT OF THE PROPOSITION
4 APPROPRIATIONS LIMIT CALCULATIONS FOR THE COUNTY OF BUTTE AND
ALL SPECIAL DISTRICTS UNDER THE CONTROL OF THE BOARD OF SUPERVISORS
FOR FISCAL YEAR 1983-84, DIRECT THAT COPIES BE PROVIBED TO THE
COUNTY LIBRARY, AND FURTHER DIRECT THAT THE AUDITOR BRING BACK TO
THE BOARD NO SOONER THAN 15 DAYS AND NO LATER THAN JUNE 30, 1983,
A RESOLUTION FOR ADOPTION OF THE 1983-84 APPROPRIATIONS LIMITS,
TOGETHER WITH ANY COMMENTS RECEIVED THEREON.
MOTION: TO APPROVE CONSENT AGENDA WITH ITEMS DELETED FOR SEPARATE
DzscnssloN.
M s
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
83-412 Salary Ordinance amendment.
(76)
MOTION: TO WAIVE SECOND READING OF THE ORDINANCE.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
MOTION: TO ADOPT ORDINANCE 2349.
S S
VOTE: l Y 2 N 3 Y 4 Y 5 N (Motion carried)
83-413 Appointment to the Mental Health Advisory Board. Action requested:
(98) APPOINT REGINA SILVA TO THE MENTAL HEALTH ADVISORY BOARD TO SERVE UNTIL
DECEMBER 31, 1985. (CONTINUED TO MAY 17, 1983)
Page 52
May 10, 1983
May 10, 1983
83-414 Tentative appointment to Foothill Study Committee - Rob Shield. Action
(144) requested: APPOINT ROB SHIELD TO FOOTHILL STUDY COMMITTEE. {NO FURTHER
APPOINTMENTS TO BE MADE, SUT CANDIDATE URGED TO ATTEND MEETINGS AND TO
HAVE INPUT)
Regular Agenda
83-415 Consideration of request for proposal for data processing consultant
{250) and designation of subcommittee to develop procedure.
MOTION: TO ACCEPT THE PROCESS AS OUTLINED IN THE MEMO FROM SUPER-
VISOR WHEELER TO THE BOARD OF SUPERVISORS, DATED MAY 6, 1983.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
83-416 Reconsideration of Giovanni Bertocchi request for an extension of fee
(435) costs for a building permit and septice system permit. (CONTINUED
TO MAY 17, 1983)
83-417 Penalty abatement requests - change of ownership reports.
(448)
MOTION: TO APPROVE PENALTY ABATEMENT REQUESTS FOR MR. & MRS. LOWELL
F. PRIOR, AP 005-20-5-008-0; BENNETT ROAD WALNUT ORCHARDS,
AP 047-11-0-008-0; MR. JAMES HAWKINS, AP 056-08-0-115-0;
AND MR. & MRS. JESUS C. CEBALLOS, AP 021-30-0-035-0.
S M
VOTE: l Y 2 Y 3'X 4 Y 5 Y (Unanimously carried)
MOTION: TO DENY PENALTY ABATEMENT REQUESTS FOR RANDY SHINN,
AP 008-31-0-004-0.
S M
VOTE: 1 Y 2 Y 3 Y 4 Y S Y (Unanimously carried)
83-418 E1 Dorado County Board of Supervisors - requests support for a resolution
(515) opposing California Supervisors Association proposed budget for 1983-84.
MOTION: TO SUPPORT THE CSAC BUDGET AS PRESENTED.
M S
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
83--419 The Sheriff has submitted claims for lost, stolen or damaged property
(578) from members of the Search and Rescue unit requesting replacement -
total amount is $508.80. Board approval is required for replacement.
MOTION: APPROVE REPLACEMENT, AS REQUESTED.
S M
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
Page 53
May 10, 1983
May 10, 1983
83-420 Petition regarding minimum traversable access-road width.
(622)
MOTION: TO ADOPT RESOLUTION 83-76, CHANGING THE ROAD WIDTH
STANDARDS TO 20 FEET WITHIN THE PROPOSED DEVELOPMENT
AND 16 FEET FROM THE BORDER OF THE PARCEL TO THE
COUNTY-MAINTAINED ROAD, AND THIS WOULD BE APPLICABLE
TO MAPS NOT YET FINALLY APPROVED.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y {Unanimously carried)
83-421 Application, procedure and fees schedule for specific plans.
(752)
MOTION: TO ADOPT RESOLUTION 83-77, APPROVING THE ACTION REQUESTED.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y {Unanimously carried)
83-422 Wind generators and interpretation of their application in various
(883} zones. (PLANNING DIRECTOR TO APPROACH THE PLANNING COMMISSION WITH
A PROPOSAL OF SETTING PUBLIC HEARING, AND ALLOWTNG PLANNING DIRECTOR
TIME TO GENERATE MORE INFORMATION ON A STATE-WIDE BASTS AT A CONFERENCE
LATER THIS MONTH)
83-423 Request from Chico Housing Improvement Program for authorization to
(1030} make housing rehabilitation loans within a designated area in conjunction
with a State HCD Deferred Loan Program. (CONTINUED TO MAY 17, 1983)
83-424 Discussion of policy direction - procedure for handling office
(1301) remodeling requests (Supervisor Dolan). (CONTTNUED TO MAY 17, 1983)
Public Hearings and Timed Items
83-425 Tom Tarman, Chico - appeal of use permit imposed by the Planning
(1395) Commission for the St. ,john The Evangelist Church. (WITHDRAWN AT
THE REQUEST OF THE APPLICANT)
83-426 Communications
(1426)
1. Butte College - supports open nomination process for the Private
Inudstry Council (JTPA) and submits a nomination. (INFORMATION)
2. Jack Egbert, Chico - requests clarification on the Department of
Public Works responsibilities in certain areas. (REFERRED TO
PUBLIC WORKS)
3. Norman A. and Josephone T. Wright, Paradise - request return from
the Public Works Department of a deposit in the amount of $3,623.
(PUBLIC WORKS DEPARTMENT IS IN THE PROCESS OF RESEARCHING THI5
MATTER)
4. Archie and Ruth Paterson, Chico - provide information on use permit
and variance, AP 39-18-31, and request reconsideration of the granting
of that use permit. (REFERRED TO SUPERVISOR DOLAN)
Page 54
May 10, 1983
May 10, 1983
5. Clifford Sellers, Chico - writes in oppositicn to the Donalson
tentative parcel mag approved April 12, 1983. (TAKEN UNDER
ADVISEMENT)
6. Jay Lyman, president, Butte County Economic Development Corporation -
provides a response to aspects of a formal audit to be conducted by
the CETA Director. (INFORMATION )
7. Ringel & Associates, Chico - Chanticleer, AP 42-07-83, requests
abandonment of a driveway easement on the final subdivision map.
(REFERRED TO PUBLIC WORKS TO BRING BACK APPROPRIATE ACTION)
8. Lassen National Forest - provides information regarding an open
range ordinance. (REFER TO THE COMMITTEE WHICH IS BEING FORMED)
9. Walter L. Johnston, Chico -- requests clarification and action on
candidate fees for election activities. (ADMINISTRATIVE OFFICER
TO RESPOND),
10. Butte County Historical Society - provides information on the or-
ganization's activities and requests endorsement. (INFORMATION)
11. Additional communications.
a, Communication relative to the retirement of Public Works
Airector. - Chair Dolan
b. Communication from Soon Yong Hong requesting list of success-
ful farmers in the county. - Supervisor Fulton (REFERRED TO
AGRICULTURAL COMMISSION)
RECESS: 10:23 a.m.
RECONVENE: 10:36 a.m.
Public Hearings and Timed Items
SUPERVISOR WHEELER ABSENT AT THIS TIME
83-427 Henxy Runge, Jr. - tentative parcel map - AP 71-01-84, dividing 63+ acres
into four parcels, two at 20+ acres, one at 10 acres + and one at
I3 acres +, for agricultural residential purposes, approximately 1600 feet
south of the intersection of Encina Grande Road and Oro-Quincy Highway.
Applicant appeals Advisory Agency`s denial of this project.
SUPERVISOR WHEELER PRESENT AT THIS TIME
MOTION: I FIND THAT THE TOPOGRAPHY IN THE AREA WILL HAVE A NATURAL
LIMITING EFFECT ON THE NUMBER OF PARCELS IN THE AREA AND
THERE WILL REMAIN LARGE UNDEVELOPED AREAS FOR DEER MIGRATION
AND HABITAT. NO DATA HAS BEEN PRESENTED THAT SHOWS THIS
PROJECT WILL INTERFERE SUBSTANTIALLY WITH THE MOVEMENT OF ANY
RESIDENT OR MIGRATORY WILDLIFE. I DO NOT AGREE THAT THE
CREATION OF THESE FOUR PARCELS WILL SUBSTANTIALLY REDUCE WILD-
LIFE HABITAT AND I HAVE TAKEN THE COMMENTS OF THE DEPARTMENT
OF FISH AND GAME INTO CONSIDERATION IN REACHING THAT DETERMINATION.
THE 10, 13 AND 20 ACRE PARCEL SIZES ARE NOT SUITABLE FOR URBAN
AREAS AND, THEREFORE, ARE BEST LOCATED TN RURAL AREAS, THERE
ARE OTHER PROPERTIES OF THESE SIZES IN THE AREA AND WOULD NOT
BE PRECEDENT-SETTING. REASONABLE ACCESSIBILITY TO COMMERCIAL
Page 55
May 10, 1983
May 10, 1983
SERVICES AND SCHOOLS IS A MATTER OF PERSONAL CHOICE AND OPINION.
A DETERMINATION OF AVALLABILITY OF ADEQUATE FIRE PROTECTION
FACILITIES IS, AGAIN, A MATTER OF OPINION AND PERSONAL CHOICE.
I FLND THAT THE PROJECT COULD HAVE A SIGNIFICANT EFFECT ON THE
ENVIRONMENT BUT WILL NOT IN THIS CASE BECAUSE MITIGATION
MEASURES HAVE BEEN ADDED TO THE PROJECT:
1. IF AN ARCHAEOLOGICAL/HISTORICAL SURVEY IS NECESSARY,
AND SIGNIFICANT CULTURAL RESOURCES ARE DISCOVERED,
THE TENTATIVE MAP IS TO BE REFERRED BACK TO THE ADVISORY
AGENCY FOR APPROPRIATE MITIGATION MEASURES.
2. UTILIZE STANDARD EROSION CONTROL MEASURES AND CONSTRUC-
TION PRACTICES TO MINIMIZE EROSION AND OTHER CONSTRUCTION
IMPACTS.
I FIND THAT THE PROJECT CONFORMS TO THE POLICIES OF THE GENERAL
PLAN AND T MOVE TO UPHOLD THE APPEAL AND APPROVE THE TENTA-
TIVE PARCEL MAP FOR HENRY RUNGE, AP71-O1-84, WITH PUBLIC WORKS
CONDITIONS 1 THROUGH 13 AND ENVIRONMENTAL HEALTH DEPARTMENT
CONDITIONS 14 and 15 ON MEMO DATED MAY 5, 1983.
M S
VOTE: 1 2 3 4 5
MOTION AMENDED: MITIGATION MEASURE NO. 1 IS AMENDED TO REFLECT THAT
RECOMMENDATIONS OF THE ARCHAEOLOGIST WILL BE FOLLOWED FOLLOWING
THE ARCHAEOLOGICAL SURVEY THAT IS BEING DONE.
M S
VOTE; l Y 2 N 3 Y 4 Y S N (Motion carried)
83-428 Report and request for support from property owners re: efforts to
(2796) complete westerly end of Mud Creek. (Supervisor Dolan)
** MOTION: TO ADOPT RESOLUTION 83-78 MAKING APPLICATION TO LAFCO
TO ANNEX THE AREA DEFINED BY MAP TO CSA 24 AND REQUESTING
EXPANSION OF POWERS TO INCLUDE CAPITAL IMPROVEMENTS.
M S
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
83-429 Recognition of persons wishing to speak:
(334)
i. Henry McCall - Concerns regarding cemeteries and Cemetery
District meetings and concerns regarding candidate fees for election
activities.
83-430 CLOSED SESSION for General Assistance fair hearing, at 11:00 a.m.
(761) RECONVENE: The Board reconvened following a closed session for
General Assistance fair hearing.at 11:13 a.m.
CLOSED SESSION: The Board recessed at 11:15 a.m. for a closed session
on litigation.
RECONVENE: The Board reconvened at 12:11 p.m. following a closed
session on litigation.
RECESS: 12:12 P.M.
RECONVENE: 1:39 P.M.
Page 56
May 10, 1983
May 10, 1983
83-431 Board of Supervisors - specific plan (item on whicy a draft environ-
(761) mental impact report has been prepared) for Bidwell Heights Land Company
to allow the development of an approximate 337 unit cluster and
conventional residential land project with neighborhood commercial and
recreation facilities on Doe Mill Ridge, approximately seven miles south
of Forest Ranch, three miles east of State Highway 32, seven miles east
of Chico, zoned "A-2" (general) and "A-160" (agricultural 160 acre
parcels).
Board of Supervisors - rezone (item on which a draft environmental
impact report has been prepared) for Bidwell Heights Land Company from
"A-2" (general) and "A-160° (agricultural 160 acre parcels) to "SR-2, 3, 5,
and 10" (suburban residential 2, 3, 5, and 10 acre parcels), "N-C"
(neighborhood commercial), "PA-C" (planned area - cluster), and "P-Q"
(public- quasi-public) on property identified as AP 46-71-18 (ptn),
25, 26, 29; 46-81-01 through 17; 51-01-127 through 143, 51-02-83,
'*** 98, 99 and 100, seven miles east of Chico.
RECESS: 3:06 P.M.~ - ,
RECONVENE: 3:18 P.M.
****
(ENVIRONMENTAL IMPACT PORTION OF HEARING CLOSED; SPECIFIC PLAN AND
REZONE CONTINUED TO May 24, 1983, AT 1:30 P.M.)
CLOSED SESSION: The Board recessed at 4:50 p.m. for a closed session
on personnel.
RECONVENE: The Board reconvened at 5:01 p.m. (IT WAS DETERMINED THAT
THERE WAS NO CAUSE FOR A CLOSED SESSION)
(ANNOUNCEMENT MADE THAT DURING THE CLOSED SESSION ON LITIGATION AT
11:15 A.M. THE BOARD AGREED TD A REQUEST BY SUPERVISOR WHEELER THAT
SHE BE ALLOWED TO HIRE HER OWN ATTORNEY IN THE BACH CASE AND THAT
SHE HAD CHOSEN MR. KOPP)
ADJOURNMENT: There being nothing further before the Board at the
time the meeting was adjourned at 5:05 p.m.
Board of Supervisors
ATTEST:
ELEANOR M. BECKER, COUNTY CLERK/RECORDER
and ex-officio Clerk to the
By. But Board of Supervisors
Deputy Clerk
Page 57
May 10, 1983