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September 6, 1983
Call to order - The Board of Supervisors room, County Administration
Building, 25 County Center Drive, Oroville.
Present: Supervisors Fulton, Moseley, Saraceni, Wheeler and Chair
Dolan; Martin Nichols, chief administrative officer and clerk of
the Board; Del Siemsen, county counsel; and, Rubye Townsleyr secretary.
Pledge of allegiance to the Flag of the United States of America.
' Invocation - Supervisor Moseley
83-759 Additional items from Board members to be addressed at the end of
(20) the day:
1. Discussion of actions regarding the Louisiana Pacific strike. -
Supervisor Fulton
2. Request for an opinion from county counsel regarding P.G.&E.
project. - Supervisor Fulton
83-760 Consent Agenda
(39)
1. Approval of minutes - August 30, 1983. Action requested:
APPROVE MINUTES.
2. Budget transfers. Action requested: APPROVE BUDGET TRANSFERS
B-08, B-09 and B-10.
3. Penalty abatement requests - change of ownership reports.
Action requested: APPROVE PENALTX ABATEMENT REQUESTS AS FOLLOWS:
Howard A. Jones AP 030-07-2-066-0, 067
Lynn Hubbard, III AP 035-13-3-004-0
Mr & Mrs. Douglas C. Lane AP 044-26-0-041-0
Mr. & Mrs. Ray E. Johnson AP 045-40-0-095-0
Mr. & Mrs. Robert W. Wildhirt AP 051-13-1-012-0
David M. Hurley AP 052-02-4-069-0
Mr. & Mrs. Martin J. Huckle AP 055-18-0-020--0
Mr. & Mrs. Michael 0. Hunt AP 062-36-0-006-0
Page 191
September 6, 1983
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September 6, 1983
4. Butte County Library Trust - in accordance with Government Code
Section 25355 accept $300 donation from the Chico Friends of
Butte County Library. Action requested: ACCEPT DONATION.
5. County Service Area No. 35 (North Chico Fire Hydrants) - resolu-
tion relative to dissolution of service area. Action requested:
ADOPT RESOLUTION 83-148 SETTING PUBLIC HEARING DATE FOR
OCTOBER 18, 1983, AT 10:00 A.M.
6. Appointment of Lt. Richard H. Gray as the law enforcement
representative to the Emergency Medical Services Committee.
Action requested: MAKE APPOINTMENT.
7. Resolution approving agreement for sharing cost of utilities
with Caltrans for safety lighting at various intersections of
county roads and state highways in the county. Action requested:
ADOPT RESOLUTION 83-149 AND APPROVE AGREEMENT.
8. Surplus sale - milk and cream tester. Action requested: DECLARE
TESTER SURPLUS AND AUTHORIZE SALE BY ADVERTISED SEALED BID.
9. Armored car service - Treasurer-Tax Collector - contract has been
prepared between the County and Loomis Armored Car Service to
provide the required service at a cost of approximately $1,400
for the remainder of the year. Action requested: APPROVE THE
CONTRACT AND AUTHORIZE PURCHASING OFFICER TO SIGN, SUBJECT TO
ESTABLISHMENT OF A BUDGETARY APPROPRIATION WITHIN THE DEPARTMENT'S
EXISTING BUDGET.
10. Janitorial services contract - Chico Library - it is necessary
to award the contract to the second low bidder (Super Clean Jani-
torial Company of Chico) at a price of $527.39 per month. Action
requested: RESCIND THE AWARD OF JULY 19, 1983, TO M & F MAINTEN-
ANCE AND APPROVE AN AGREEMENT WITH SUPER CLEAN JANITORTAL SERVTCE.
11. Gridley-Biggs ambulance contract renewal (County Service Area
No 37) - contract has been prepared with Oroville Medical Center
Hospital in the amount of $5,000 per month covering the period
July 1, 1983, through June 30, 1985. Action requested: APPROVE-
AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN.
12. Salary Ordinance amendment - provides for implementation of
personnel changes approved in the 1983-84 budget. Action requested:
WAIVE THE FIRST READING.
13. Claim - a claim has been submitted by the Butte Land Development
Corporation in the amount of $13,500 relating to stairways in
houses approved by Public Works. Action requested: DENY CLAIM,
REFER TO COUNTY COUNSEL. and risk manager.
14. Claim - a claim has been submitted by a Systems & Computer
Technology Corporation in the amount of $9,852.67 relating to
a refund of taxes paid. Action requested: REFER TO COUNTY
COUNSEL.
MOTION: TO APPROVE CONSENT AGENDA
S M
VOTE: l Y 2 Y 3 Y 4 Y S Y (Unanimously carried)
Page 192
September 6, 1983
September 6, 1983
83-761 Additional item from Board member:
1. Letter of resignation from Dr. Frank Bennett from the Butte
County Planning Commission. - Supervisor Wheeler
MOTION: TO ADOPT RESOLUTION 83-150 OF APPRECIATION FOR THE
SEVEN YEARS OF HIS ACTIVITY ON THAT BOARD.
S M
VOTE: l Y 2 Y 3 Y 4 Y S Y (Unanimously carried)
Regular Agenda
83-762 Resolution in memory of Ron Max.
(73 )
MOTION: THAT WE PREPARE RESOLUTION 83-151 OF APPRECIATION FOR THE
LATE RON MAX FOR HIS SERVICE TO THE COUNTY AS A PLANNING
COMMISSIONER AND SERVICE TO THE TOWN OF PARADISE.
5 M
VOTE: l Y 2 Y 3 Y 4 X S Y (Unanimously carried)
83--763 Appointment to the JTPA Private Industry Council
(99)
MOTION: I WOULD MOVE THAT WE APPOINT WALTER GRIMES TO THE JTPA PIC
AS A MEMBER FROM A COMMUNITY BASED ORGANIZATION.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
83-764 Report to the Board from Land Development and Planning Department;
(156) regarding the request from Rebecca Beisler to rezone a portion of
property to TM-5. (STAFF DIRECTED TO WRITE A LETTER TO MS. BEISLER
INDICATING COUNTY'S POSITION AND THAT PONDEROSA IS NOT A PUBLIC ROAD)
83-765 Dennis Strothman - reconsider Board of Supervisors' policy determina-
tion relative to further division of property in the Dusty Lane and
Garner Lane area, AP 47-35-03, four parcels, north of Chico. (CONTINUED
TO LATER IN THE MEETING)
83-765 Resolution revising the environmental review guidelines for services
(525) in contracting with consultants for the preparation of environmental
impact reports.
Land Development Study Commission - the Chairman submits information
relative to the environmental review guideline amendment and the
communication referred by the Board from Hamby Surveying concerning
the continuing appeals under the condition "Provide Circulation."
(Communications item)
(CONTINUED TO SEPTEMBER 13, 1983. SUPERVISORS FULTON AND WHEELER TO
BRING BACK RECOMMENDATIONS)
Page 193
September 6, 1983
September 6, 1983
83-766 Closed hearing - Board of Supervisors W specific plan {item on
(620) which a draft environmental impact report has been prepared) for
Bidwell Heights Land company to allow the development of an approxi-
mate 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). (EIR WAS CERTIFIED
ON 8/16/83; MOTION OF INTENT TO APPROVE SPECIFIC PLAN MADE ON 8/16/83)
Closed hearing - 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 acre parcels), "N-C" (neighbor-
hood 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,
7 miles east of Chico.
(CONTINUED TO SEPTEMBER 20, 1983)
83-767 Communications
(728)
1. Land Development Study Commission - the Chairman submits informa-
tion relative to the environmental review guideline amendment
and the communication referred by the Board from Hamby Surveying
concerning the continuing appeals under the condition "Provide
Circulation." (CONSTDERED EARLIER WITH MINUTE ORDER 83-765.
CONTINUED TO SEPTEMBER 13, 1983)
2. Chief Administrative Officer - sends notification of a Fiscal
Review Committee meeting in accordance with Health and Safety
Code Section 33353.5 et seq. at the request of Butte County
Mosquito Abatement District regarding the Chico Municipal Air-
port Redevelopment Project area - meeting set for October 13
at 9:00 a.m. (INFORMATION)
3. Viacom Cablevision - sends notification of collecting 9~
copyright royalty fees within the adjacent unincorporated areas
around the Town of Paradise. (INFORMATION)
4. Archie and Ruth Paterson, Chico - write concerning the use
permit a,nd variance on AP 39-18-31 - Lugenbeei property.
(REFERRED TO PLANNING AND PUBLIC WORKS)
5. California Regional Water Quality Control Board - Central Valley
Region - writes concerning inquiries received from county
residents concerned about cumulative environmental impacts of
proposed subdivisions in Butte County (INFORMATION)
6. Employment Development Department - forwards a list of equip-
ment from the CETA Program which shall be made available to the
JTPA Program. (INFORMATION)
7. U.S. Department of Labor - forwards a summary of the CETA Program
performance for the third quarter of fiscal year 1983.
(TNFORMATION).
Page 194
September 6, 1983
September 6, 1983
8. Lumber and Sawmill Workers, Local Union No. 2801, Oroville - thee,
President writes requesting an opportunity to address the Board
regarding the continuing labor dispute with the Louisiana-Pacific
Corporation at its Oroville facility. (OPPORTUNITY TO APPEAR AT
THE 11:00 O'CLOCK HOUR)
83-768 Additional items from Board members.
1. Consideration of whether bill had been paid regarding Sheriff's
Department costs incurred because of strike. - Supervisor Fulton
(REFERRED TO ADMINISTRATIVE OFFICE FOR DETERMINATION)
RECESS: 9:37 A.M.
RECONVENE: 10:07 A.M.
Public Hearings aiid Timed Items
83-769 A. L. Gaither - request for variance to Sections 19-10 and/or
(910) 19-12 of the Butte County.Code for placement of a mobile home on
AP 66-38-028, 13801 Skyway, Magalia area. Zoning: RT-l.
MOTION: I WOULD MOVE FOR THE ACTION REQUESTED.
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
83-770 George and Roberta Wilson - request for variance to Sections 19-10
(940) and/or 19-12 of the Butte County Code for placement of a mobile home
on AP 25-19-73, 85 Curly Lane, Biggs area. Zoning: A-40.
MOTION: I WOULD MOVE FOR THE ACTION REQUESTED.
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
83-771 Additional item from Board member:
(965)
Discussion of Deer Herd Study Committee, and the fact that there
is a Sunset date involved. - Supervisor Fulton. (BOARD DIRECTED THAT
PLANNING DIRECTOR CONVENE THAT COMMITTEE AND TO BEGIN WORK AS SOON
AS POSSIBLE)
Regular Agenda
83-772 Dennis Strothman - reconsider Board of Supervisors policy determination
(990) relative to further division of property in the Dusty Lane and Garner
Lane area, AP 47-35-03, four parcels, north of Chico. (NO ACTION TAKEN
AT TH25 TIME. SUBDIVISION ORBINANCE UNDER REVIEW. STAFF TO CONTACT
COMMITTEE TO SEE WHEN IT WILL BE COMING FORWARD.)
Page 195
September 6, 1983
Septemher 6, 1983
Public Hearings & Timed Items
83-773 Recognition of persons wishing to speak:
1. David Bigbee - to explain the Lumber and Sawmill Workers Union's'.
position on the current strike at Louisiana-Pacific and a request
that the Board pass a resolution urging the company to resume
negotiations with the union.
RECESS: 10:21 A.M.
RECONVENE: 10:33 A.M.
MOTION: I WOULD MOVE TO AUTHORIZE A LETTER BE SENT TO BOTH LOUISIANA-
PACTFIC AND THE LUMBER AND SAWMILL WORKERS LOCAL UNION
NO. 2801 TO REQUEST THAT NEGOTIATIONS IN GOOD FAITH BE
RESUMED.REGARDING THE CURRENT WAGE DISAGREEMENT.
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
83-774 Signal Home Loans, Inc. - rezone (item determined to be categorically
(1429) exempt from environmental review) from A-R (agricultural-residential)
to AR-MH (agricultural-residential -mobile home) located approxi-
mately 400 feet south of V-6 Road, identified as AP 36-073-25, Oroville.
MOTION: I WOULD MOVE, AND NOTE THAT THE~PROJECT IS CATEGORICALLY
EXEMPT FROM ENVIRONMENTAL REVIEW, FIND THE PROPOSED REZONE
CONFORMS TO THE POLICIES INCLUDING THE TEXT AND MAP OF THE
BUTTE COUNTY GENERAL PLAN AND ADOPT ORDINANCE 2370 REZONING
.8 ACRES TO "AR-MH" ON AP 36-073-25, SIGNAL HOME LOANS, INC.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
RECESS: 10:38 A.M.
RECONVENE: 11:06 A.M.
83-775 Michael Pierce, Francis Costello - (item on which a mitigated
(1561) negative declaration of environmental impact has been recommended) --
tentative parcel map, AP 28-17-95, dividing 40 acres into four 10-
acre parcels on the southwest corner of Stoney Oaks Loop and Stoney
Oaks Boulevard, Swedes Flat area. Applicants appeal the Advisory
Agency's denial of this project.
MOTION: I MOVE TO ADOPT A MITIGATED NEGATIVE DECLARATION AS RECOM-
MENDED FROM THE JULY 19, 1983, BOARD OF SUPERVISORS MEETING;
AND, I FIND THAT THE AREA IS ZONED FOR THIS TYPE OF RURAL
DEVELOPMENT. THE AREA HAS ADEQUATE FIRE FACILITIES, ROAD
CAPACITY AND IS NOT T00 FAR FROM COMMERCIAL SERVICES AND
SCHOOLS FOR THIS TYPE OF RURAL DEVELOPMENT AND IS A MATTER
OF CHOICE INDIVIDUALS MAKE WHEN THEY DECIDE WHERE THEY
WANT TO LIVE. THIS PROJECT IS NOT A SUBDIVISION IN WHICH MORE
THAN 20 PARCELS ARE BEING CREATED ON A CUL-DE-SAC. PROPERT'Y'
OWNERS IN THE AREA ARE WORKING TOWARD THE CREATION OF A
DISTRICT TO IMPROVE THE COUNTY ROAD. AS PREVIOUSLY STATED
IN THE APPEAL OF THE EIR REQUIREMENT, THERE HAS BEEN NO
SUBSTANTIATING DATA FROM THE DEPARTMENT OF FISH AND GAME
Page 196
geptember 6, 1983
September 6, 1983
THA'T' THESE FOUR PARCELS WILL HAVE A SUBSTANTIAL ENVIRONMENTAL
IMPACT ON DEER HERDS. I FIND THAT THE PROJECT CONFORMS TO
THE GENERAL PLAN AND UPHOLD THE APPEAL AND APPROVE THE
TENTATIVE PARCEL MAP FOR MICHAEL PIERCE AND FRANCIS COSTELLO
ON AP 28-17-95 WITH THE CONDITIONS OF PUBLIC WORKS 1 THROUGH
10 AND ENVIRONMENTAL HEALTH 11 THROUGH 12, ON MEMOR DATED
SEPTEMBER 1, 1983.
M S
VOTE: l Y 2 N 3 Y 4 Y 5 N (Motion carried)
83-776, Recognition of persons wishing to speak:
1. Bill Teie, Ranger in Charge - report to Board re fire this weekend
when an unpredicted wind shift caused a control burn to get out
of control.
2. Janice Walker - regarding a building permit which could not, for
various reasons, be used and a request that the Board reissue the
permit or refund fees. (REFERRED TO PUBLIC WORKS DEPARTMENT
CLOSED SESSION: The Board recessed for a closed session on litigation
and meet and confer at 11:28 a.m.
RECONVENE: The Board reconvened at 11:50 a.m. following a closed session
on litigation and meet and confer. (NO ANNOUNCEMENTS)
(ANNOUNCEMENT BY CHAIR THAT THE BOARD OF SUPERVISORS WOULD NOT MEET
ON SEPTEMBER 27, OCTOBER 4 AND 11, 1983.)
ADJOURNMENT: There being nothing further before the Board at this
time the meeting was adjourned at 11:52 a.m.
ATTEST:
Mart
and
By:
Chai Board of Supervisors
Page 197
a Officer
September 6, 1983