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September 13, 1983
Ca 11 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 Townsley, secretary.
Pledge of allegiance to the Flag of the United States of America.
Invocation - Supervisor tdoseley
83-777 Additional items from Board members to be addressed at the end of the
day: '
1.. Discussion of an item relating to water. - Supervisor Fulton
2. Relating to Arts. m Supervisor Fulton
3. Announcement by Supervisor Wheeler that Butte County had received
an important win in the Friends of the Foothill case when the judge
held that withdrawal of the rezone was what the people were asking
for. - Supervisor Wheeler
4. Discussion of concerns relative to address changes in Chico. - Chair
Dolan.
5. A report by administrative officer later today concerning legislative
action regarding the budget. - Chair Dolan.
83-778 Item removed from the consent agenda for separate consideration:
1. Flood control maintenance area benefit assessment administrative
charge - levying of administrative cost pursuant to Water Code
§12878.40 for FY 1983-84
63-779 Consent Agenda
(110)
1. Approval of minutes r September 6, 1983. Action requested: APPROVE
MINUTES.
2. Budget transfers. Action requested: APPROVE BUDGET TRANSFERS
B-12, B-13, B-14 AND B-15.
Page 199
September 13, 1983
September l3, 1983
3. Appointment of Archie McDonald as the District 5 representative to
the Butte County Senior Citizens Council. Action requested: MAKE
APPOINTMENT.
4. Grounds maintenance - Chico Library - proposal has been developed
with the Chico Work Training Center in accordance with W & I Code
§19403 and 19404 for grounds maintenance service at the Chico Library
at a cost not to exceed $7,000 for the remainder of the fiscal year.
Action requested: ACCEPT PROPOSAL.
5. Salary ordinance amendment - provides for implementation of personnel
changes approved in the 1983-84 budget. Action requested: WAIVE
THE SECOND READING AND ADOPT ORDINANCE 2371 TO BE EFFECTIVE
OCTOBER 22, 1983.
6. Salary ordinance amendment - provides fox a reorganization of the
Chief Administrative Office by deleting a buyer I/II/III and creating
an administrative analyst I/II/III. Action requested: WAIVE THE
FIRST READING.
7. Administrative Review Policy - Chief Administative Officer recommends
the policy providing for administrative review. Action requested:
APPROVE POLICY.
8. Claim - a claim has been submitted by Systems & Computer Technology-
Corporation in the amount of $9,852.67 relating to a refund of taxes
paid. Action requested: DENY CLAIM, REFER TO COUNTY COUNSEL.
9. Claim - a claim has been sumbitted by Richard J. Molin on behalf of
Debbie Lind in the amount of $300,000 relating to alleged injuries and
damages as a result of an automobile accident occurring May 28, 1983.
Action requested: DENY CLAIM, REFER TO COUNTY COUNSEL AND RISK MANAGER.
Z0. M and H, #2 - proposed negative declaration regarding environmental
impact and rezone from A-2 (general) and C-2 (general commercial) to
PA-C (planned area cluster) located on Wyandotte Miners Ranch Road,
approximately 600' south of Olive Highway identified as AP 72-OS-09,
Oroville. Action requested: SET PUBLIC HEARING FOR OCTOBER 18, 1983,
AT 10:00 A.M.
11. Robert M. Huskey - on behalf of Signal Home Loans, appeal the
Planning Commission's denial of a variance to parcel size (item on
which a negative declaration regarding environmental impact has been
recommended) for AP 30-08-44, located on the southwest corner of Poplar
and Sweem Streets, Thermalito area. Action requested: SET PUBLIC
HEARING DATE FOR OCTOBER 18, 1983 AT 10:30 A.M.
12o Velma Pritchett - appeal of Planning Commission's denial of variance
to allow a carport 43' from the center line of Oro-Quincy Road on
property located on the west side of Oro-Quincy Road, approximately
one mile south of Bald Rock Road, Berry Creek area. Action requested:
SET PUBLIC HEARING DATE FOR OCTOBER 18, 1983, AT 11:00 A.M.
13. Renaming of private road - Dix Mine Road {Doe Mill Road to end) to
Kolar Road where the residents have requested the name change. Action
requested: ADOPT RESOLUTION SETTING PUBLIC HEARING DATE FOR OCTOBER 18,
1983, AT 10:00 A.M~ RESOLUTION 83-152.
14. Bus stop shelter - an agreement has been prepared with the Chico
Downtown Business Association to provide a bus stop shelter at First
Street and Esplanade at a cost to the county not to exceed $3,660
with funds comong from the Transportation Development Act. Action
requested: APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN.
MOTION: TO APPROVE CONSENT AGENDA EXCEPT FOR ITEM DELETED PREVIOUSLY.
S M
VOTE: 1 Y 2 Y 3 Y 4 X 5 Y (Unanimously carried)
Page 200
September 13, 1983
September 13, 1983
83-780 Flood control maintenance area benefit assessment administrative charge -
(12,0) levying of administrative cost pursuant to Water Code §12878.40 for
FY 1983-84. Action requested: AUTHORIZE ADDITION OF ENTIRE ADMINIS-
TRATIVE COST.
MOTION: TO APPROVE, AS REQUESTED.
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried}
Regular Agenda
83-781 Closed hearing - John Shelton and Bill St. Clair - rezone (item on
(172) which there is a supplement to a previously certified EIR) from A-SR
(agricultural-suburban residential) and SR-1 (suburban residential -
one acre parcels) to PA-C (planned area cluster) to allow the develop-
ment on 85 acres with an evaporative sewage disposal system on 7S
acres on property located on both sides of Sycamore Creek, on the north
side of Eaton Road, approximately 2000 feet east of State Highway 99,
identified as AP 44-04-100, 101, 102, Chico. {CONTINUED UNTIL LATER
IN THE MEETING)
83-782 Request to initiate A-R zoning for the Chapmantown area of Chico.
(196
MOTION: I MOVE TO INITIATE THE PROPOSED A-R ZONING FOR THE CHAPMANTOWN
AREA OF CHTCO.
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
83--783 Consideration of sending letter of support for HR2902 (Synar), an
(258) amendment to the Copyright Act of 1976 reducing cable TV royalty
fees from 9~ to 2~.
MOTION: I WOULD LIKE TO MOVE THAT WE AUTHORIZE THIS LETTER, A DRAFT
OF WHICH IS INCLUDED IN OUR PACKETS, WITH THE CORRECTION
TO CHANGE THE WORD ON LINE THREE TO 'ROYALTY' INSTEAD OF
'LOYALTY', TO BE SENT TO CONGRESSMAN EUGENE CRAPPIE.
5 M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
83-784 Consideration of forming Butte County Water Commission. (COMMITTEE PROPOSAL
(3i7) OF 8/2/83 AMENDED TO REFLECT THAT THE FIVE COMMISSIONERS APPOINTED BY THE
SUPERVISORS WOULD RUN COTERMINOUS WITH THE SUPERVISOR'S TERM WITH THE
SUPERVISOR'S DISCRETION; TWO ADDITIONAL COMMISSIONERS APPOINTED BY THE
FIRST FIVE WOULD RUN IN ONE-YEAR TERMS ON A CALENDAR YEAR BASIS. CAO
DESIGNATED TO ASSIST AND WORK WITH. COMMISSION.)
MOTION: TO INITIATE THIS BUTTE COUNTY WATER COMMISSION AS OUTLINED
IN THE MEMO FROM FULTON AND WHEELER OF 8/2/83, AND AMENDED
TODAY, INCORPORATING THE SPIRIT OF THE MEMO OF SEPTEMBER 13
FROM THE BUTTE COUNTY WATER USERS ASSOCIATION.
S M
VOTE: 1 Y 2 Y 3 X 4 Y 5 Y (Unanimously carried),
83-785 CETA/JTPA Computer upgrade - federal and state officials have indicated
CETA funds can be utilized to upgrade the prime computer system in
(674) preparation of JTPA needs.
Page 201
September 13, 1983
September 13, 1983
MOTION: TO APPROVE THE ACQUISITION OF THTS COMPUTER UPGRADE
SUBJECT TO APPROVAL OF STATE AND FEDERAL OFFICIALS.
M S
VOTE: 1 Y 2 Y 3 Y 4 Y S Y (Unanimously carried)
83-786 Consideration of report and selection of vendor to provide consulting
(731) services regarding Butte County's data processing future.
MOTION: I WOULD MOVE FOR THE ACTION AS RECOMMENDED BY OUR COMMITTEE
ON PAGE OF TWO OF OUR SEPTEMBER 8 MEMO, AS FOLLOWS:
(1) MAKE A MOTION OF INTENT SELECTING MAIN-HURDMAN AS THE
CONSULTANT; (2) DIRECT COUNTY COUNSEL TO PREPARE A CONTRACT
AT A COST NOT TO EXCEED $53,045 AND CLEARLY DEFINING AND SETTING
FORTH THE WORK EFFORT; (3) APPOINT MARTIN NICHOLS A5 THE
PROJECT COORDINATOR; ANB, (4) APPOINT A FIVE-MEMBER STEERING
COMMITTEE TO PROVIDE ONGOING PR0.TECT DIRECTION, MONITORING
ACTIVITIES IN RELATION TO THE STUDX, APPROVE KEY DECISIONS,
AND SERVE AS A REVIEW COMMITTEE TO INSURE CONTRACT FULFILLMENT.
WE SUGGEST A COMMITTEE OF SUPERVISORS FULTON AND WHEELER, CHIEF
ADMINISTRATIVE OFFICER MARTIN NICHOLS, AUAITOR JTM JOHANSEN,
AND SHERIFF HAL BROOKS.
S M
VOTE: 1 NV 2 Y 3 Y 4 Y 5 Y (Motion carried)
83-787 Supervisors comments to the 1982-83 Butte County Grand Jury Final Report
(1253) as required by Penal Code §933(c). (CONTINUED UNTIL LATER IN THE
DAY)
83-788 Closed hearing - John Shelton and Bill St. Clair - rezone (item on
(1281) which there is a supplement to a previously certified EIR} from
A-SR (agricultural-suburban residential) and SR•-1 (suburban residential
one acre parcels) to PA-C (planned area cluster} to allow the develop-
ment of a 328 unit residential development on 85 acres with an evaporative
sewage disposal system on 75 acres on property located on both sides of
Sycamore Creek, on the north side of Eaton Road, approximately 2000
•feet east of State Highway 99, identified as AP 44-04-100, 101, 102,
Chico. (CONTINUED UNTIL LATER IN THE DAY)
RECESS: 9:50 A.M.
RECONVENE: 10:13 A.M.
Public Hearings and Timed Items
83-789 Public hearing establishing service charges for various county
(1396) service areas.
MOTION: TO ADOPT RESOLUTION 83-153 ESTABLISHING SERVICE CHARGES
FOR VARIOUS COUNTY SERVICE AREAS, EXCLUDING CSA 24 AND
26.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
Page 202
September 13, 1983
September 13, 1983
83-790 Spero Benias - (item on which a negative declaration regarding environ-
(2711} mental impact has been recommended} - appeal of Planning Commission's
denial of a use permit to allow a 27 unit mobile home park on property
zoned "A-R" (agricultural - residential} located on the west side of
Middlehoff Lane (8th Street}, approximately 500 feet south of the
Sacramento Northern Railroad right-of-way, identified as AP 30-16-35
and 55, Thermalito. (CONTINUED OPEN HEARING TO OCTOBER 25, 1983,
** AT 10:30 A.M.)
SUPERVISOR MOSELEY ABSENT AT THIS TIME
83-791 Jon Gregoire, c/o Carlton Lowen - proposed negative declaration and
(41) rezone from S-R (suburban residential) to PA-C (planned area cluster)
to allow a 45 unit residential development located an the southeast
corner of Shasta Avenue and Bay Avenue, identified as AP 42-34-49, Chico.
MOTION: I WOULD FIND THAT THE REQUIREMENTS OF CEQA HAVE BEEN
COMPLETED AND THAT MITIGATION MEASURES AND CONDITIONS
OF APPROVAL HAVE ADEQUATELY ADDRESSED THE POTENTIALLY
SIGNIFICANT ENVIRONMENTAL FACTORS; AND FIND THAT THE
PROJECT CONFORMS TO THE BUTTE COUNTY GENERAL PLAN;
AND MOVE TO ADOPT ORDINANCE 2372 REZONING FROM S-R
TO PA-C FOR JON GREGOIRE, SHASTA BAY ESTATES ON
AP 42-34-49, SUBJECT TO THE CONDITIONS AS LISTED
ON PLANNING STAFF MEMO TO THE BOARD OF SUPERVISORS
DATED SEPTEMBER 6, 1983, ITEMS 1 THROUGH 27.
M S
VOTE: l y 2 Y 3 Y 4 A 5 Y (Motion carried)
83-792 Robinson Timber, Inc. - G.D.A. Engineering, on behalf of Robinson
(118) Timber, Inc., appeals the advisory Ageney's decision to deny the
tentative parcel map for AP 62-04-209, four parcels on the east side
of Oro Quincy Highway at Seminole Drive, Lake Madrone area.
SUPERVISOR MOSELEY PRESENg' AT THIS TIME
MOTION: I MOVE TO ADOPT A MITIGATED NEGATIVE DECLARATION AS RECOMMENDED
FROM THE JULY 19, 1983, BOARD OF SUPERVISORS MEETING; AND,
I FIND THAT THE ZONING ALLOWS FOR THIS RURAL TYPE OF DEVELOP-
MENT. THE AREA HAS ADEQUATE FIRE FACILITIES, ROAD CAPACITY
AND IS NOT TOO EAR 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.
DUE TO THE PROXIMITY OF PLUMAS NATIONAL FOREST LANDS AND
TOPOGRAPHY IN THE AREA, THERE WILL SE A NATURAL LIMITING
EFFECT ON THE NUMBER OF PARCELS IN THE AREA RESULTING IN
LARGE UNDEVELOPED AREAS FOR DEER MIGRATION AND WILDLIFE
HABITAT. AS PREVIOUSLY STATED TN THE APPEAL OF THE EIR
REQUIREMENT, THERE HAS BEEN NO SUBSTANTIATING DATA FROM THE
DEPARTMENT OF FISH AND GAME THAT THERE WILL BE 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 ROBINSON TIMBER, INC., ON
AP 62-04-205 (PORTION) WITH PUBLIC WORKS CONDITIONS 1 THRU
11 AND ENVIRONMENTAL HEALTH CONDITIONS 12 THRU 14 ON MEMO
DATED SEPTEMBER 7, 1983.
M S
VOTE: 1 Y 2 N 3 Y 4 y 5 N (Motion carried)
Page 203
September 13, 1983
September 13, 1983
RECESS: 11:04 A.M.
RECONVENE: 11:11 A.M.
83-793 Recognition of persons wishing to speak:
(239)
1. Sheriff Hal Brooks - presenting letters of commendation to
Sgt. Albert Imhoff, Deputy Perry Reniff, Deputy Larry Estes
and Officer Kenneth Klassen. Distinguished Service Awards
were presented to Deputies Larry Estes, Roger Levey and Kenneth
Klassen. The Board of Supervisors presented Certificates of
Appreciation to retirees Raymond Baxter, George William Hall and
Charles Hoke.
83-794 Douglas Starr - appeal of the requirement for an EIR on a request
(582) for rezone from TM-5 to TM-1 located on the south side of Forest
Ranch Road, approximately 1/2 mile west from Highway 32, identified
as AP 56-28-43, 56-36-20 and 21, Forest Ranch.
MOTION: I WOULD MOVE TO UPHOLD MR. STARR'S APPEAL AND ADOPT
A NEGATIVE DECLARATION, FINDING IT COULD NOT HAVE A
SIGNIFICANT EFFECT ON THE ENVIRONMENT.
M S
VOTE: l Y 2 N 3 Y 4 X 5 N (Motion carried)
83-795 Recognition of persons wishing to speak:
(2177)
2. Alex Sarcadi - wanting to know if there was any way the end
of Middlehoff could be blocked off to keep people from
coming through. (SUPERVISOR MOSELEY TO MEET WITH BILL CHEFF
TO DETERMINE WHAT CAN BE DONE)
3. Don Blake - concerning problems with subdivision,:requirements
an Oakvale Avenue. (CHAIR DOLAN STATED THIS ITEM WOULD BE ON
THE REGULAR AGENDA FOR SEPTEMBER 20, 1983)
4. Barry Meyers - concerns regarding travel policy.
83-796 Continued hearing - Eldon Richert - Shields Surveying Service, on
(2730) behalf of Eldon Richert, appeals the Advisory Agency's decision to
deny the tentative parcel map for AP 40-16-18, four parcels on the
south side of Cummings Lane, 400 feet west of Lott Road.
MOTION: TO GRANT A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT
FOR THE ELDON RICHERT PARCEL MAP, AP 40-16-18, FINDING 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. I FURTHER MOVE TO APPROVE THE
TENTATIVE PARCEL MAP FOR ELDON RICHERT, AP 40-16-18, SUBJECT
TO THE PUBLIC WORKS AND ENVIORNMENTAL HEALTH DEPARTMENT
CONDITIONS AS STATED IN THE MEMO TO THE BOARD OF SUPERVISORS
.DATED JULY 28,.1983, PLUS A CONDITION TO RECORD ON THE DEED
THAT THESE PARCELS WILL BE INCLUDED TN A DRAINAGE DISTRICT
WHEN ONE IS FORMED.
S M
VOTE: l Y 2 X 3 Y 4 Y 5 Y (Unanimously carried}
Page 204
September 13, 1983
September 13, 1983
Regular Agenda
83-797 Supervisors comments to the 1982-83 Butte County Grand Jury Final
(3046) Report as required by Penal Code §933(c). (CONTINUED TO SEPTEMBER 20,
1983)
83-798 Closed hearing - John Shelton and Bill St. Clair - rezone (item on
*** which there is a supplement to a previously certified EIR) from A-SR
(agricultural - suburban residential) and SR-1 (suburban residential -
on acre parcels) to PA-C (planned area cluster) to allow the develop-
ment of a 328 unit residential development on 85 acres on property
lacated on both sides of Sycamore Creek, on the north side of Eaton
Road, approximately 2000 feet east of State Highway 99, identified
as AP 44--04-100, 101, 102, Chico. (From 8/30/83)
MOTION: NOTE THAT THE ENVIRONMENTAL DOCUMENTS REQUIRED BY CEQA HAVE
BEEN COMPLETED AND CONSIDERED IN MAKING THIS DECISION AND
CERTIFY THE SUPPLEMENT TO THE EIR AS BEING COMPLETE; ANB,
NOTE THAT THE PROJECT COULD HAVE A SIGNIFICANT EFFECT ON THE
ENVIRONMENTL BUT WILL NOT IN THIS CASE BECAUSE OF THE PROPOSED
CONDITIONS OF APPROVAL AND MITIGATION MEASURES; FIND THAT
THE PROJECT CONFORMS TO THE POLICIES OF THE BUTTE COUNTY
GENERAL PLAN; REJECTLNG OTHER ALTERNATIVES IN FAVOR OF PROPOSAL,
PAGE 16 OF SUPPLEMENT, RECOMMEND THAT WE ADOPT ORDINANCE 2373
REZONING PROPERTY SOUTH OF SYCAMORE CREEK FROM A-SR to PA-C.
APPROVAL IS SUBJECT TO THE FOLLOWING CONDITIONS AS SUBMITTED,
ITEMS 1 THRU 35 AS AMENDED, AS FOLLOWS: ITEM 19, CHANGED TO
READ, "FILE A TENTATIVE AND FINAL SUBDIVISLON MAP, PAY
APPROPRIATE FEES."; ITEM 29, SECTIONS A, B AND C ARE DELETED;
ITEM 29, THE WORD 'OR' IN LINE THREE TS CHANGED TO THE WORD
'UNLESS'; AND, ITEM 31 CHANGED TO "FORM A COUNTY SERVICE AREA
FOR DRAINAGE MAINTENANCE. THIS CONDITION: ONLY APPLIES TO
DRAINAGE SYSTEMS THAT DRALN RIGHTS-OF-WAY OUTSIDE OF SUDAD.
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
83-799 Communications
(180)
1. Supervisor Jane Dolan - submits a report outlying.a proposal for
the formation of two standing Board of Supervisors committees -
finance and operations and recommends the matter be placed on the
September 20 regular agenda at which time a resolution will be
considered. (TO BE PLACED ON THE AGENDA FOR SEPTEMBER 20, 1983)
2. John L. Luvaas, Jr. - attorney at law - forwards information
concerning state/county responsibilities relating to assessing
and the control of water problems brought about by development.
(INFORMATION)
83-800 Additional items to be addressed by Board members:
(352 )
1. Concerns regarding the fact that someone has applied to appropriate
water from the forks of Butte, and that Counsel is aware of this. -
Supervisor Fulton.
2. Report that 2nd edition of the newletter from Arts Council is
out, which shows areas of art interest and response to first issue. -
Supervisor Fulton
Page 205
September 13, 1983
September 13, 1983
3. Report that the Postmaster is changing addresses in western part
of Chico. and concerns of the residents that Public Works may be
making additional changes in the near future. - Chair Dolan
(REFERRED TO PUBLIC WORKS TO ADVISE WHEN CHANGES IN WEST CHICO
MAY OCCUR)
4. Request that Mr. Nichols give a report concerning legislative
action regarding the budget. - Chair Dolan (MR. NICHOLS REPORTED
THAT THERE IS A VEHICLE TO SUSPEND THE DEFLATOR IN SB 127, AND
SHOULD BE ACTED UPON QUICKLY)
CLOSED SESSION: The Board recessed at 12:50 p.m. for a closed session.
RECONVENE: The Board reconvened at 1:04 p.m. following a closed
session on matters of litigation. (ANNOUNCEMENT THAT
THE BOARD HAD AUTHORIZED COUNTY COUNSEL'S OFFICE TO
.INITIATE A LAWSUIT IN THE MATTER OF LESLEY SMOTHERS'
OPERATION OF AN ILLEGAL CAMPGROUND AND/OR TRAILER PARK
IN BUTTE MEADOWS AREA.)
ADJOURNMENT: There being nothing further before the Board at this
time the meeting was adjourned at 1:05 p.m.
--
Cha'r, Board f Supervisors
ATTEST:
icer
Page 206
September 13, 1983