HomeMy WebLinkAboutM080382NI I'N U T E S
August 3, 1982
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ITEM NO.
BOARD OF SUPERVISORS
HILDA WHEELER. 3rd Diatrict, CHAIRMAN
AL SARACENI, lat Diatrict
]ANE DOLAN. 4nd Diatrict
BERTHA MOSELEY, 4th D[striee
LEN FIILTON. 5th District
9.00 a.m. Call to order - Board of Supervisors room, County Adminis-
tration Center, 25 County Center Drive, Oroville.
Present: Supervisors Dolan, Fulton, Moseley, Saraceni, and
Chairman 4dheelex; Mike Pyeatt, interim administrative officer; Del .
Siemsen, county counsel, by Harvey Wallace, deputy 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)
82-1223
82-1224
82-1225
82-122b
Report from County Fire Warden Bill Teie regarding train
derailment in south Chico area on August 2, 1982.
Report from Gerald Lively on new agenda format.
Reschedule Balkan public hearing from August 31 to 24.
Pulled from consent agenda for separate consideration:
__ finalization of General Plan amendments.
Consent Agenda
82-1226
Penalty abatement requests. Action requested: APPROVE
PENALTY e'1BATEMENT REQUESTS.
Distribution of excess tax proceeds in accordance with
Revenue and Taxation Code 4675.
Western Ranch operations Z00~ AP 065-36-0-027-0.
Action requested: ORDER THE AUDITOR TO DISTRIBUTE THE
EXCESS TAX PROCEEDS FROM THE SALE OF SUBJECT PROPERTY.
Prevention Project agreement - amendment to extend the
termination date of the contracts from June 30, 1982,
to August 31, 1982. Action requested: APPROVE AMENDMENT
TO PREVENTION PROJECT; AUTHORIZE THE CHAIRMAN TO SIGN;
APPROVE THE AMENDMENT TO THE PREVENTTON PROJECT SUBCONTRACT
WITH THE NORTH VALLEY PARENT EDUCATION NETWORK; AND
AUTHORIZE THE CHAIRMAN TO SIGN.
Renewal of variance to Sections 19-10 and/or 19-12 of the
Butte County Code for placement of a mobile home.
Floyd Ridenour, AP 39-31-3, 740 North Graves, Chico,
zoning.: A-10; (HOLD FOR ONE WEEK)
Rupert & Helen Hoecherl, AP 30-71-32, 1663 20th Street
Thermalito, zoning: A-2
Edward Correira, AP 72-14-23, 5175 Oro Bangor Highway,
Oroville, zoning: A-5
Action requested: APPROVE VARIANCE RENEWAL.
Community Action Agency has received notice of fourth
quarter funding award from the Office of Community Services.
Action requested: ACCEPT FOURTH QUARTER FUNDING.
Page 289
August 3, 1982
Community Action Agency - cash flow - Community Action
Agency Teen Center Program (CORRECTED TO INDICATE CHANNEL ONE DRUG
PREVENTION PROGRAM)_Action requested: APPROVE REQUEST FOR
THE USE OF COUNTY GENERAL FUNDS SUBJECT TO REIMBURSEMENT.
Community Action Agency - administrative costs. The
Director requests Board of Supervisors position opposing a
15~ limitation on administrative costs on grants from the
Community Services Block Grant funding for 1983. Action
requested: ADOPT RESOLUTION NO. 82-12i OPPOSING LIMITATION
ON ADMINISTRATIVE COSTS.
Child Health and Disability Prevention Board. Action
requested: APPROVE REORGANIZATION TO FORM THE BUTTE
COUNTY MATERNAL, CHILD AND ADOLESCENT HEALTH BOARD,
REAPPOINT AND FILL VACANCIES AS RECOMMENDED BY THE
PUBLIC HEALTH DIRECTOR.
Final map - Copra Subdivision.- four lots, west side of
Lower Wyandotte Road, north of Upper Palermo Road,
south Oroville, AP 36-21-21. Action requested: ACCEPT
DEPOSIT BY DEVELOPER, $543, FOR TAXES OR SPECIAL ASSESS-
MENTS, ACCEPT FINAL MAP AND AUTHORIZE CHAIRMAN TO SIGN
SUBDIVISION AGREEMENT.
Child Protective Services counseling agreement amendments.
The Director requests approval of contract amendments with
local agencies. (nine with Family-Services Association and nine
with Step II Psychological Services). which meet state require-.
ments to claim_in-grant funding for the service,. The purpose
of the contract: amendment is for cost recovery. Action
requested: APPROVE CONTRACT AMENDMENTS, AUTHORIZE CHAIRMAN
TO SIGN.
MOTION: APPROVE THE CONSENT AGENDA WITH ITEMS DELETED AND
.CORRECTED.
M S
VOTE: 1 2 3 4 5 (Unanimously carried)
8221227 Finalization of General Plan amendments by resolution:
A. Chico Urban Area Land Use (Greenline);
B. Concow Area General Plan amendment;
C. Butte County Planning Commission cleanup General
Plan amendment.
MOTION: 'CERTIFY FINAL ENVIRONMENTAL IMPACT REPORT ON THE
CONCOW GENERAL PLAN AMENDMENT.
S M
VOTE: 1 2 3 4 5 (Unanimously carried)
MOTION: ADOPT RESOLUTION 82-122 ADOPTING THE CHICO AREA LAND
.USE PLAN INCLUDING ASSOCIATED WRITTEN POLICIES, THE
CONCOW AREA LAND USE PLAN AND FOOTHILL AREA RESIDENTIAL
LAND USE DESIGNATION AS AN AMENDMENT TO THE BUTTE COUNTY
GENERAL PLAN AND AMENDING THE LANGUAGE OF THE LAND USE
.ELEMENT OF THE BUTTE COUNTY GENERAL PLAN.
M S
VOTE: 1 N 2 Y 3 Y 4 N 5 Y (Motion carried)
Regular Agenda
82-1228 ~ California Green Thumb -.Supervisor Wheeler
MOTION: ADOPT RESOLUTION NO. 82-123 TO GIVE RECOGNITION
TO GREEN THUMB ORGANIZATION.
M S
VOTE: 1 2 3 4 5 .(Unanimously carried)
Page 290.
August 3, 1982
10-
10:
82-1229 Pest response expenditure .account - establishment of
emergency fund in the amount of $15,000 for pest control
in the event of emergencies - discussion.
MOTION: TO ESTABLISH AN EMERGENCY FUND IN THE AMOUNT OF
$15,000 FOR PEST CONTROL IN THE EVENT OF EMERGENCIES.
M S
VOTE: 1 2 3 4 5 (Unanimously carried)
82-1230 Report on herbicide spraying - Forest Ranch area -
Supervisor Wheeler. (STAFF WILL BE PREPARING LETTERS OF
RESPONSE', FOR APPROVAL OF THE BOARD - ITEM PULLED FROM AGENDA)
82-1231 Financial impact study - Supervisor Wheeler. (From 7/27/82)
(ITEM PULLED FROM AGENDA)
82-1232 Discussion of funding for Northern California Emergency
Medical Care Council.
MOTION: DENY THE FUNDING PROPOSAL AS PRESENTED.
S M
VOTE: l Y 2 N 3 N 4 Y 5 Y (Motion carried)
Recess: 10:13 a.m.
Reconvene: 10:25 a.m.
Publie Hearings and Timed Items
15 a.m. 8.2-1233 James E. Bremner - appeal of Condition 13 on a tentative parcel
map, four parcels, on Cussick Avenue, approximately 4,000 feet
north of Be11 Road, north Chico, AP A2-O1-70 and 71. (ITEM
REMOVED PER LETTER FROM APPLICANT'S ENGINEER - CONDITION TO
BE HANDLED THROUGH PUBLIC WORKS.)
QO a.m, 82_1234 Sun Meadows PA-C - appeal of environmental impact report
requirement. (ITEM HELD OVER UNTIL AUGUST l7 at 2:30 p.m.)
82-.1235 Closed hearing - Michael G. Dawson - reconsideration of
mitigated declaration and application for cancellation
of Land Conservation Agreement on AP 91-15-31. (From
7/28/82)
MOTION: A. FIND THAT THE REQUIREMENTS OF CEQA HAVE BEEN
..COMPLETED AND CONSIDERED IN MAKING THIS DECISION
AND MOVE TO AAOPT A NEGATIVE DECLARATION; and
B. FURTHER FIND THAT CANCELLATION TS IN THE PUBLIC
INTEREST; THAT OTHER PUBLIC CONCERNS SUBSTANTIALLY
OUTWEIGH THE OBJECTIVES OF THIS CHAPTER; and
THAT THERE IS NO PROXIMATE NONCONTRACTED LAND WHICH IS
NOT RESTRICTED BY A WILLIAMSON ACT CONTRACT, WHICH IS
SUFFICIENTLY CLOSE SO THAT IT CAN SERVE AS A PRACTICAL
ALTERNATIVE FOR THE PROPOSED RESIDENTIAL USE.
C. MOVE TO APPROVE THE CANCELLATION OF THE PROJECT.
D. PAY APPROPRIATE CANCELLATION FEES.
S M
VOTE: l Y 2 N 3 Y 4 Y S N (Nation carried)
10
45 a.m. 82-1236 Building permit fees for energy requirements - establishment
of fees to cover costs of plan checking and building inspection
for new state energy regulations. (CONTINUED TO AUGUST 10}.
Page 291.
August 3, 1982
g'2-12'37- Ann Pyeatt, on behalf of the Chico Lioness Club, presented
the Butte County Fire Department with five encapsulating
chemical protective suits. Chairman Wheeler accepted the
donation'on behalf of the Board.
.:00 a.m.. 82-1.238 Recognition of persons wishing to speak:
1. Alice Lord, regarding chemical fertilizer retail sales
business next to her property.
2. Bob Earls, requesting Board to look into the matter of the
use of county cars and stating his opposition to S.A.L.
days being taken away from county employees.
3. Don Meade, rebuttal to Ms. Lord's statements.
4. Clay, Castleberry, regarding Gianella Bridge and Highway 99
from', the Sutter County line to Gridley, before California
Transportation Commission.
5. Emily Fortier, regarding herbicide spraying,
.:15 a.m. 82-1239 Distribution of Special Aistrict Augmentation Fund.
MOTION: SUPPORT RECOMMENDATION AND ADOPT THE DISTRIBUTION
OF SPECIAL DISTRICT AUGMENTATION FUND.
M 5
VOTE: 1 2 3 4 S (Unanimously carried)
Recess: 11:26 a.m.
Reconvene: 11:34 a.m.
.:30 a.m~ 82-1240 Continued hearing - William Hoffman - proposed negative de-
claration and tentative parcel map, AP 71-40-37, to create two
parcels, one at more or less 4.4 acres, and one at more or less
S, acres, from a 9..5 acre parcel, property located on both
sides of Simmons Road, approximately 7/10 mile north of
Oroville-Quincy Road, tern miles northeast of Oroville.
MOTION: TO ADOPT A MITIGATED NEGATIVE DECLARATION. THE ROAD
DIVIDES THE PROPERTY. RESIDENTIAL DEVELOPMENT EXISTS
IN THE IMMEDIATE AREA. SIMMONS ROAD IS NOT A CUL-DE-
SAG IN REGARD TO A SUBDIVISION ORDINANCE. THIS TS
NOT A SUBDIVISION. THE PROJECT DOES SATISFY CONDI-
TIONAL CRITERIA, CONFORMS TO THE GENERAL PLAN. MOVE
TO UPHOLD THE APPEAL WITH PUBLIC WORKS CONDITIONS 1
THROUGH 11; ENVIRONMENTAL HEALTH CONDITIONS 12 AND 14
FOR BOTH PARCELS 1 AND 2.
MITIGATION MEASURES:
1. All earthwork to be conducted using standard erosion
control measures such as:
a. Avoidance of hillslope areas in excess of 30~
slope.
b. Earthwork to avoid the rainy season (approx.
November 1 to March 30).
c. Revegetation of all exposed soil surfaces and/or
use of other soil stabilization techniques as
necessary to protect against soil erosion.
d. Elimination of only that resident vegetation
necessary for road construction or other site
clearing which occurs prior to filing the final
map.
2. Properly sized and installed drainage culverts
shall be placed in any drainage courses crossed
by roads or driveways as required by the Depart-
ment of Public Works.
Page 292.
August 3, 1982
3. Road grades shall not exceed 15~. Driveway loca-
tions to conform with terrain, following contours
as much as possible and avoiding steeper slopes.
CONDITIONS:
1. Verify legal parcel.
2. Verify legal access.
3. Provide two-way traversable access RS-8-LD-I to
each parcel from a county maintained road or
state highway.
4. Access to be reserved in deeds as per county
ordinance and offered for dedication on the
final map.
5. Show 50 ft. building setback line measured from
centerline of access easement.
6. Provide road maintenance agreement.
7. Show all easements of record on the final map.
8. Provide street name signs per requirements of
the Department of Public Works prior to recorda-
tion of the final map.
9. Pay off any assessments.
10. Pay any delinquent taxes.
11. Meet the requirements of the Butte County Fire
Department.
12. Show a 50 ft. leachfield setback from the drainage
way on parcels 1 and 2.
13. Prove that the required quantities of domestic
water are available or place the statement on
the map that "there is no evidence that domestic
water is available" for parcel 2.
M S
VOTE: l Y 2 N 3 Y 4 Y 5 Y (Motion carried)
11:00 a.m. 82-1241 Recognition of persons wishing to speak:
1. James Hanson, new agenda format.
2. Ellen Sanders, requesting rehearing on Canyon Park Estates
3. Tom McCready, regarding development of Doe Mill Ridge area.
MOTION: TO PLACE CANYON PARK ESTATES PA-C REZONE ON NOVEMBER
BALLOT AND REFER IT TO COUNSEL AND STAFF FOR PRE-
PARATION OF THE WORDING AS PRESENTED BY THE BUTTE
COUNTL FRIENDS OF THE FOOTHILLS.
S M
VOTE: 1 N 2 Y 3 N 4 N 5 Y (Motion failed)
4. Karen Vercruse, encouraging Board to be more discriminat-
ing regarding development north of Chico.
8~- 1242 Duncan Road and Troxel Way intersection - Fortier request
for use - agricultural burning - discussion. (Supervisor
Wheeler)
MOTION: TO ALLOW THE PEOPLE IN THE COMMUNITX TO USE INTER-
. SECTION FOR AGRICULTURAL BURNING SUBJECT TO
ADMINISTRATIVE REVIEW.
S M
VOTE: 1 2 3 4 5
MOTION WITHDRAWN. AGRICULTURAL BURNING ALLOWED TO CONTINUE
WITH THE BOARD TO LOOK AT FROM ADMINISTRATIVE LEVEL AND ISSUE
RESPONSE TO REQUEST.
Page 293.
- -- August 3, 1982
Recess: 12:45 p.m.
Reconvene: 2:00 p.m.
Recess: The Board recessed at 2:01 p.m. to convene as the Air
Pollution Control District.
.: 30 p.m. 82-1243 Air Pollution Control District permit fee system -
discussion.
MOTION: TO IMPLEMENT THE FEE SCHEDULE AS PRESENTED; ADOPT
RESOLUTION NO. 82-1, AND AUTHORIZE THE CHAIRMAN TO
SIGN.
S M
VOTE: 1 Y 2 Y 3 N 4 N 5 Y (Motion carried)
MOTION: THE PROGRAM IS TO RUN ON MINIMUM STANDARDS AND THE
FEE SCHEDULE IS NOT TO BE VIEWED AS A STARTING
POINT TO INCREASE FEES.
M S
VOTE: l Y 2 Y 3 N 4 Y 5 Y (Motion carried)
Recess: The Air Pollution Control District recessed at 3:12 p.m.
to reconvene as the Board of supervisors
Reconvene: 3:13 p.m.
!: 00 p.m. 82-1244 Impasse procedure - the county and BCEA/SEIU Local 916
negotiators have been meeting on a new agreement for the
General Unit of representation. The parties are at impasse
and have invoked the impasse procedure. The final step in
the procedure is resolution of the impasse by the Board of
Supervisors. Action requested: ADOPT RESOLUTION 82-124
IMPLEMENTING THE COUNTY'S FINAL OFFER AND AUTHORIZE THE
PERSONNEL DIRECTOR TO ESTABLISH ADMINISTRATIVE PROCEDURES
PURSUANT TO SECTION 11.11 AND 11.12 OF THE PERSONNEL RULES.
Closed Session: The board recessed at 4:00 p.m. for meet and confer.
Reconvene: 4:42 p.m.
MOTION: APPROVE ACTION AS REQUESTED
S M
VOTE: 1 N 2 Y 3 Y 4 Y 5 Y (Motion carried)
Recess: 4:47 p.m.
Reconvene: 4:52 p.m.
82-1245 upland game bird hunting - Lake Oroville. The Fish and
Game Commission recommends support for opening the west
Branch and Potter's Ravine areas to upland game bird hunting -
discussion.
MOTION: TO SUPPORT OPENING OF THE WEST BRANCH AND POTTER'S
.RAVINE AREAS TO UPLAND GAME BIRD HUNTING.
M S
VOTE: 1 2 3 4 5 (Unanimously carried)
82-1246 Appointments to the Community Action Agency Board of Directors,
Districts 3 and 5. (From 7/27/82) (CONTINUED TO AUGUST lOj
82-1247 Appointments to the Butte County Council of Senior Citizens -
Districts 1 and 2. (From 7/27/82} (DISTRICT 1 APPOINTMENT
CONTINUED TO AUGUST 10).
MOTION: APPOINT MABEL SATTGAST TO THE BUTTE COUNTY COUNCIL
OF SENIOR CITIZENS, DISTRICT 2.
S M
VOTE: 1 2 3 4 5 (Unanimously carried}
Page 294.
- August 3, 1982.
82-1248 Clarification of Ordinance 2277.
MOTION: MOTION OF INTENT THAT SECOND UNIT UNDER SEPARATE
ROOF BE ALLOWED PER PROVISIONS OF ORDINANCE 2277:
THAT IS, &40 SQ. FT. MAXIMUM STRUCTURE, ADULTS
60 YEARS OF AGE OR OLDER;. AND STAFF DIRECTED TO
PREPARE AMENDMENT.
M S
VOTE: 1 2 3 4 5 (Unanimously carried)
82-1249 Gary Paul Jacobs, Oroville - request for rezone to medium
density zoning on 3.26 acres on Alamo Avenue, AP 42-07-37.
(REFERRED TO PLANNING)
Frank Bennett, John Shelton and others - request cancellation
of the Williamson Act contract on AP 47-10-37. (REFERRED TO
ASSESSOR FOR ACTION)
Goldstein, Barceloux & Goldstein, attorneys -- submit a claim
for damages on behalf of three clients seeking damages of
$500,000'relating to an occurrence on May 10, 1982, at the
intersection of East and Cohasset Avenues, Chico.
MOTION: TO DENY CLAIM AND REFER TO COUNTY COUNSEL AND
RISK MANAGEMENT COORDINATOR.
S M
VOTE: 1 2 3 4 S {Unanimously carried)
Orrick, Herrington & Sutcliffe, attorneys - submit a final
opinion on the 1982 tax and revenue anticipation notes of the
County of Butte. (INFORMATION COPY TO TREASURER)
Marsh, Marsh & Glusman, attorneys - offer an opinion on ambu-
lance service contracts with the Paradise Ambulance Service,
Chico Ambulance Service and the contract cancellation.
(REFERRED TO COUNSEL FOR A REPORT BACK TO THE BOARD.)
Larry Stirling, assemblyman 77th District - requests information
from the. Board in preparation of legislation requiring the
state budget be adopted on a specific date. (LETTER TO BE
SENT THAT THE LEGISLATURE SHOULD FOLLOW THE CONSTITUTION
THAT THE BUDGET BE AAOPTED BY JUNE 15.)
Maida Larsen, secretary - Paradise Melody Club - requests
some adjustment in the Paradise Memorial Hall Committee makeup.
(REFERRED TO PUBLIC WORKS.)
The Association of Water .Project Agencies provides information
on the formation of a new non-profit mutual benefit corporation,
state water contractors, and requests certain assistance.
(DISCUSSED. NO ACTION TAKEN.)
Recess: The Board recessed at 5:13 p.m. to reconvene on Tuesday,
August 10, 1982, at 9:00 a.m.
Page 295.
August 3, 1982