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1982
August' 17 , f HILDA WHEELER, 3ed District. CHAIRMAN
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f~ ++ ~ j AL SARACEN[, 1st Dis[nct
1f ~~ ~~~~ p`y ~1 JANE DOLAN. 2nd District
~ BERTHA MOSELEY. 4th District
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i~rs••••rs••s s•s ~ LEN FULTON. 5th Distriei
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TIME ITEM N0.
g:p0 Call to order - Board of Supervisors room, County Adminis-
tration Center, 25 County Center Driver Oroville
Present: Supervisors Dolan, Fulton, Moseley, Saraceni and
Chairman Tdheeler; Mike Pyeatt, interim administrative officer;
Del Siemsen, county counsel; and Eleanor M. Becker, county
clerk, by Rubye Townsley, deputy.
Pledge of allegiance to the Flag of the United States of
America.
Invocation. (Supervisor Moseley
Recess: 9:02 a.m. Closed session. (Litigation)
Reconvene: 9:29 a.m. (No decisions made)
82-1271 Additional items from Board members to be addressed at
the end of the day:
a. Item for discussion - Supervisor Saraceni
b. Letters for Public Record - Chairman Wheeler
90 82-1272 Approval of ~9inutes - June 8, June 15, June 22, July 28,
August 3 and August 10, 1982, with the following corrections:
', June 8: Minute order g2_956 change Bettye Blair to
reflect Bettye Kircher.
Minute order 82-961 change Flo O'Flattery
to reflect Flo Opatrny.
June 22: Minute order 82_1052 should reflect that the
Board felt that local calls in each of the cities
will be provided as soon as practical, and whether
it was an Enterprise number or the Pacific Tele-
phone line between cities.
August 3: Minute order g2-1226 should reflect that the
Ridenour variance renewal not be held for one
week but until Supervisor Dolan could consult
with staff.
MOTION: TO APPROVE THE MINUTES OF JUNE 8, JUNE 15, JUNE 22,
JULY 28, AUGUST 3 AND AUGUST 10, 1982, AS CORRECTED.
M S
VOTE: 1 2 3 4 5 (Unanimously carried}
82-1283 Pulled from the consent agenda for separate consideration:
MOU with MCS Unit
Appointments to Adult Day Health Care Planning
Council
Consent Agenda
82-1284
', Budget transfers. Action requested: APPROVE BUDGET TRANSFERS.
Salary ordinance amendment - to reclassify and reallocate
vacant positions in the County Salary Ordinance. Action
requested: WAIVE FIRST READING
Page 300.
August 17, 1982
CETA vocational education grant - County CETA Program and
the State Department of Vocational Education for fiscal
year 1983. Action requested: APPROVE AGREEMENT, AUTHORIZE
CHAIRMAN TO SIGN.
Resolution setting office hours for the Butte County
Library effective September 12, 1982. Action requested:
ADOPT RESOLUTION 82-127.
Air conditioning improvement project - Butte County Jail --
final construction cost and contract. Action requested:
APPROVE ADDITIONAL APPROPRIATION OF $8,000 FROM EXISTING
JAIL MAINTENANCE REVENUE SHARING APPROPRIATION, APPROVE
CONTRACT WITH MCCLELLAND AIR CONDITIONING, AUTHORIZE
CHAIRMAN TO SIGN.
Ordinance - amending Section 40 of Chapter 15 of the
Butte County Code relative to bingo games. Action requested:
WAIVE THE SECOND READING ANA ADOPT ORDINANCE 2302.
1982-83 Family Planning Contract renewal. Action requested:
APPROVE AGREEMENT AND AUTHORIZE CHAIRMAN TO SIGN, APPROVE
SUBMISSION OF CONTRACT TO THE STATE, ACCEPT $75,000 PER
AGREEMENT.
Renewal of variance to Sections 19-10 and/or 1912 of
the Butte County Cade for placement of a mobile home.
Lonnie Taylor, AP 24-23-16, 43 Mocking Bird Lane, Oroville
area, zoning, A-5. Action requested: APPROVE VARIANCE
RENEWAL.
Oroville Area Law Enforcement Community Involvement Program.
Action requested: FORMALLY SUPPORT AND APPROVE PROGRAM.
Sam Martello and Sons - abandonment of public utility
easement on Lot 235 of Kelly Ridge Estates, Unit No. 3.
Action requested: ADOPT RESOLUTION 82-128 OF 2NTENT TO
ABANDON AND SET PUBLIC HEARING SEPTEMBER 21, 10:15 a.m.
Final map - Sierra Monte Manor Subdivision, ten lots on
Sierra Monte Drive at Orovihe-Quincy Highway, Oroville
area, AP 34-05-44. Action requested: ACCEPT TAXES AND
SPECIAL ASSESSMENT DEPOSIT; APPROVE FINAL MAP AND ACCEPT
EASEMENTS AS DESCRIBED IN OWNER'S CERTIFICATE. ROAD WORK
NOW COMPLETE. ACCEPT SERRA MONTE DRIVE DEDICATION INTO
COUNTY ROAD SYSTEM. SUBJECT TO MAINTENANCE BOND WHICH HAS
BEEN POSTER; AUTHORIZE CHAIRMAN TO SIGN SUBDIVISION
AGREEMENT.
MOTION: APPROVE CONSENT AGENDA WITH ITEMS DELETED AND
CORRECTED.
S M
VOTE: 1 2 3 4 5 (Unanimously carried]
321 82_1285 Memorandum of Understanding with the Management, Confidential
and Supervisory Unit for fiscal year 1982-83 and a separate
initial agreement for fiscal year 1983-84.
MOTION: TO ADOPT RESOLUTION 82-I29 RATIFYING AGREEMENTS,
CLARIFYING SECTION 2.06 TO REFLECT THAT THIS PRO-
VISION IS FOR FEMALE EMPLOYEES ONLX, AND AUTHORIZING
CHAIRMAN TO SIGN.
M S
VOTE: 1 N 2 Y 3 Y 4 Y 5 Y (Motion carried)
Page 301.
August 17, 1982
439 82-1286 Appointments to the Adult Day Health Care Planning Council
to establish Council. (CONTINUED TO SEPTEMBER 14)
Regular Agenda
82-1287 Clarification of C-2 {general commercial) zone regarding
small animal hospital pursuant to Code Section 24-20,
Paragraph (d}.
MOTION: WHEN THE CLEAN-UP ORDINANCE COMES FORWARD, THE
C-1 ANA C-2 ZONING DISTRICTS WILL BE AMENDED TO
REMOVE THE WORD 'SMALL' FROM 'SMALL ANIMAL
HOSPITAL' IN BUTTE COUNTY CODE SECTION 24-20,
PARAGRAPH ~ (d)
M S
VOTE: 1 2 3 4 5 (Unanimously carried)
Recess: 10:00 a.m.
Reconvene: 10:16 a.m.
860 Public Hearings and Timed Items
10:00 a.m.82-1288 B-004 - Community Action Program. Appropriates $32,860
of unanticipated revenue from the Office of Community
Services - federal aid for the Community Action Agency
third quarter block grant program as approved by OCS
June 1982.
10:00 a.m. B-005 - Community Action Program. Establishes a budget
for the Community Action Agency 1982-83 Senior Nutrition
and Transportation Programs as approved by the Area Agency
on Aging July 1982. Establishes appropriations in the
amount of $485,608 from unanticipated revenues as follows:
state aid - California State Department of Aging,
$316,061; federal aid - USDA, $59,517; participant
donations, $74,913; and miscellaneous matching in-kind
contributions.
MOTION: TO APPROVE BUDGET TRANSFERS B-004 and B-005
M S
VOTE: 1 2 3 4 5 (Unanimously carried)
10:15 a.m. 82.;1+289 Kenneth E. Haddick - appeal of the decision of the
Advisory Agency concerning the negative declarations and
parcel maps which divides property owned by James Bamford,
AP 73-30-22, 73-30-19 and 20 in the Forbestown area.
MOTION: I FIND THAT THE PROJECT IS IN CONFORMANCE WITH
THE BUTTE COUNTY GENERAL PLAN AND BUTTE COUNTY
ZONING AND WILL NOT HAVE A SIGNIFICANT EFFECT
ON THE ENVIRONMENT CONSIDERING THAT THE DRAINAGE
QUESTION WILL BE COVERED AND HAS BEEN SPOKEN TO
IN THOSE CONDITIONS AND IT WILL BE COVERED BY
PUBLIC WORKS CONDITIONS 50 THAT THOSE CONDITIONS
ON JULY 12, 1982, BUTTE COUNTY ADVISORY AGENCY
MINUTES, 1 - 15, SO I WOULD MOVE TO DENY THE
APPEAL.
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.
Page 302.
August 17, 1982
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
recordation of the final map.
9. Pay off any assessments.
10. Provide cul-de-sac at the end of the street.
11. Obtain encroachment permit and construct stand-
ard road approach providing adequate sight
distance at the intersection of Forbestown Road
and access road.
12. Pay any delinquent taxes.
13. Meet the requirements of the Butte County Fire
Department.
14. Show a 50 ft. leachfield setback from the
drainage way on parcels 1, 3 and 4.
15. Prove that the required quantities of domestic
water are available to parcels 1, 2, 3 and 4.
M 5
VOTE: l Y 2 N 3 Y 4 Y S Y (Motion Carried)
2125 10:30 a.m. g2-1290 Public hearing - the County of Butte intends to submit an
application to the Department of Housing and Urban Devel-
opment for funding under the Community Development Block
Grant Program in federal fiscal year 1982--83 for housing
rehabilitation, and public works improvements in the El
Medio project area. (CONTINUED TO AUGUST 24, 1982, AT
10:00 a.m.)
2367 11:00 a.m. g2-1291 Recognition of persons wishing to speak:
1. William Houston, regarding lawsuits.
Recess: 11:10 a.m. (The Board went into closed session at this
time for a general assistance fair hearing)
Reconvene: 11:50 a.m.
2982 11:15 a.m, 82_1292 Closed hearing - 1982-83 final budget and revenue sharing
hearing. (CONTINUED UNTIL LATER IN MEETING)
11:00 a.m. $2-1293 Recognition of persons wishing to speak:
** 1. William Bone, regarding zoning ordinance difficulty.
000 (MATTER TO BE BROUGHT BACK LATER IN MEETING)
2. Mrs. Alice-Lord, regarding chemical-fertilizer retail
sales business next to her property.
3. Lee Colby, requesting meeting between Board and
and Land Development Commission. (JOINT MEETING BETWEEN
BOARD AND LAND DEVELOPMENT COMMISSION TO BE HELD
ON AUGUST 24, AT 1:30:p.m.}
436 11:15 a.m. g2~-'1'294 Appearance of Yuba County Board members - Bean Clipper
Road Closure, Clipper Mills area. (COUNTY COUNSEL TO MEET
WITH YUBA COUNTX COUNSEL TO WORK OUT EQUITABLE SOLUTION)
11:00 82--1295 Recognition of persons wishing to speak:
1. Mrs. Alice Lord, regarding zoning on chemical fertilizer
retail sales business next to her property.
2. Ellen Sanders, on behalf of Butte County Friends of
the Foothills, regarding ballot measure to stop develop-
ment of Canyon Park Estates development.
Page 303:
August 17, 1982
Recess: 12:35 p.m.
Reconvene: 2:05 p.m.
1:30 p.m. 82-1296 Public Hearing - Butte County Planning Commission -
rezone (item on which an environmental impact report
has been required) of the Concow area, including the
Yankee Hill, Sig Send, Jarbo Gap, Concow Lake and
Jordan Hill areas.
MOTION: A. NOTE THAT THE REQUIREMENTS OF THE CALIFORNIA
QUALITY ACT HAVE BEEN COMPLETED AND CONSIDERED IN
MAKING THIS DECISION, AND NOTE THE PREVIOUS ACTION
BY THE BOARD OF SUPERVISORS ON AUGUST 3, 1982, IN
APPROVING THE GENERAL PLAN AMENDMENT; AND
B. FIND THAT THE CONCOW AREA REZONE PROPOSAL IS
CONSISTENT WITH THE POLICIES OF THE BUTTE COUNTX
GENERAL PLAN, INCLUDING THOSE OF THE LAND USE
ELEMENT DESIGNATIONS PROPOSED FOR THE CONCOW AREA,
WHICH INCLUDE THE DRAFT FOOTHILL AREA RESIDENTIAL
DESIGNATION; AND
C. FIND THAT THE CONCOW AREA REZONE PROPOSAL
IS NECESSARY FOR GUIDING FUTURE DEVELOPMENT IN
THE CONCOW AREA, AND THAT THE PROPOSAL ENACTS THE
"ALTERNATIVE TO THE PROPOSED PROJECT" (NO. 7.5 IN
THE EIR, PAGE 79) BY PROPOSING LESS INTENSE
COMMERCIAL, INDUSTRIAL, AND RESIDENTIAL USES IN
SOME AREAS, AND THAT THE CONCOW AREA REZONE PRO-
POSAL BE ADOPTED BY ORDINANCE 2303 BY THE BUTTE
COUNTY BOARD OF SUPERVISORS.
REFER THE BOGGS PROPERTY BACK TO THE PLANNING
COMMISSION FOR STUDY AND CONSIAERATION OF THEIR
REQUEST.
S M
VOTE 1 N 2 Y 3 Y 4 N 5 Y (Motion carried)
429 2:30 p.m. 82-1297 Continued hearing - Sun Meadows PA-C - appeal of environ-
mental impact report requirement.
***
000 MOTION: TO DENY APPEAL
M S
VOTE: 1 N 2 Y 3 Y 4 N 5 Y (Motion carried)
Recess: 3:00 p.m.
Reconvene: 3:14 p.m.
260 82-1298
297 11:15 a.m. 82-1299
82-1300
Request from Public Works Director for the Board to
approve letter to Corps of Engineers.
MOTION: TO APPROVE LETTER TO U. S. CORPS OF ENGINEERS
FOR HELP ON THE LOWER HONCUT CREEK LEVEE PROJECT.
M S
VOTE: 1 2 3 4 5 (Unanimously carried)
Closed hearing - 1982-83 final budget and revenue sharing
hearing.
MOTION: TO APPROVE CHANGES IN COUNTY SERVICE AREAS.BUDGET.
S Y"i
VOTE: ]. 2 3 4 5 (Unanimously carried)
Resolution adopting expenditures for the final budget for
fiscal year 1982-83. .(CONTINUED TO AUGUST 20 at 1:30 P.M.)
Page 304.
August 17, 1982
Recess: 3:58 p.m.
Reconvene: 4:15 p.m.
594 82-1301 Report from Planning Commission on referral of Wookey
Road area off Munjar Road for study and rezoning to
A-160 (agricultural - 160 acre parcels). (CONTINUED
AT REQUEST OF CHATRMAN WHEELER)
628 82-1302 Clarification of PA-C (planned area - cluster) zone
pursuant to Code Section 24-20 Paragraph (d) regarding
the form and content of the development plan pursuant
to Code Section 24-126 Paragraph K. (CONTINUED TO
AUGUST 20 AT 1:30 P.M.)
123 g2_1303 Closed hearing - Dick Chappell appeal of conditions on
a tentative parcel map (Conditions 12, 13 and 14) on
property located at AP 41-OI-141, Hummmer Road, approxi-
mately 1,000 feet west o£ Doe Mill Road, Forest Ranch
area. (CONTINUED TO AUGUST 24)
*** 82-1304 Communications
000
Ron Graves and Associates, on behalf of clients (Friedman,
Boone, Foster and Lynnrich, Inc.), AP 72-22-05 (portion)
and 72-22-15, 16 and 17, appeals Condition 2 on a tenta-
tive parcel map which provides two way traversable access
from a county maintained road to serve all parcels -
located at Viewcrest Drive, approximately 800 £eet south
of Bonham Road, east Oroville. (PUBLIC HEARING SET FOR
- SEPTEMBER 21, 10:30 A.M.)
Upper Ridge Wilderness Area, Inc. - submits a protest of
the Planning Commission's action approving a use permit
to the Paradise Unified School District for the proposed
Paradise Pines Elementary School. (PUBLIC HEARING SET FOR
SEPTEMBER 14, 10:30 A.M.)
Robert Williams, legislative advisor, provides information
declaring a statewide general election to be held
November 2, 1982. (INFORMATION ONLY-- NO ACTION TAKEN)
Department of the Army provides information on a public
hearing held 28 April 1982 in Chico:-for the Sacramento
River and Tributaries Bank Protection and Erosion Control
Investigation. (INFORMATION ONLY - NO ACTION TAKEN)
Jordan N. Peckham, attorney, submits a claim on behalf
of David G. Reding, III, in an amount of $100,000 regarding
an investigation conducted by Sergeant Scott McKenzie on
or about May 25, 1982. (HOLD FOR AUGUST 24 ON CONSENT
AGENDA WTTH COUNSEL'S RECOMMENDATION)
City of Chico - Mardi Worley, mayor, requests the Board
of Supervisors place the issue of Canyon Park Estates on
the ballot. (FOR INFORMATION AND REVIEW - NO ACTION TAKEN)
• Revenue sharing entitlement fox this quarter.
MOTION: TO ACCEPT THIS QUARTER'S ENTITLEMENT (ENTITLEMENT
PERIOD 13); TO APPROVE THE STATEMENT OF ASSURANCES
AND AUTHORIZE CHAIRMAN TO SIGN.
S M
VOTE: 1 2 3 4 S (Unanimously carried)
Page 305.
august 17, ].982
64 11:00 82-1305 William Bone - interim zone - AP 21-10-33, Gridley area.
MOTION: I MOVE THAT THE BOARD ADOPT AN INTERIM RT-1A
ZONING DISTRICT FOR A PERTOD OF 120 DAYS FOR
MR. BONE'S PROPERTY, AP 21-10-33, TO PROTECT
THE HEALTH, SAFETY AND WELFARE OF THE PUBLSC.
I AM ASKING THAT THE PLANNING COMMSSSION REFER
TO THE INTERIM IN THEIR STUDY OF THE AREA.
T MOVE TO ADOPT ORDINANCE 2304 AND REQUEST THAT
CHAIRMAN BE AUTHORIZED TO SIGN.
S M
VOTE: l Y 2 N 3 Y 4 Y 5 Y (Motion carried)
206 11:00 82--1306 Recognition of persons wishing to speak:
1. Dan Hays, Jr. - requesting that the Board initiate an
application to LAFCo for formation of a Community Service
District.
MOTION: I MOVE TO ADOPT RESOLUTION 82-130 MAKING APPLICATION
TO I,AFCO FOR FORMATION OF A COMMUNITY SERVICE DISTRICT.
M S
VOTE: 1 2 3 4 5 (Unanimously carried}
300 82-1307 Additional items from Board members to be addressed:
Supervisor Saraceni discussed the matter of tentative
parcel map water conditions.
Chairman Wheeler requested a resolution for Richard De Garmo
in appreciation for his part in bringing Amtrak to Chico.
MOTION: TO ADOPT RESOLUTION 82-131 IN APPRECIATION OF
RICHARD DE GARMO'S PART IN BRINGING AMTRAK TO CHICO.
M 2
VOTE: 1 2 3 4 5 (Unanimously carried)
Chairman Wheeler discussed the issue of some people being
upset with the rules of conduct printed on the agenda.
Recess: The Board recessed at 5:15 p.m. to reconvene on Friday,
August 20, at 1:30 p.m.
Page 306.
', August 17, 1982