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HomeMy WebLinkAboutM091482M I N U T E S September 14, 1982 ~gRRRRiR • •.` .. SUPS -•, _. • `!- ~sauurga ~~ O'4.•~' '••,L •. ~ . ~ ~ • ~: . ~' ~ .~~~? BOARD OF SUPERVISORS * ~ ' ~~ HILDA WHEELER, 3rd District, CHAIRMAN ~~ ~ ~ y~ •~ r ~ ~~~ S •• • AL SARACENI, lst Dia Mct JANE AOLAN, 2nd District BERTHA MO5ELEY. +ek Diatricc !' A ++~ ~••~rr4 a.aa.a'aa•' ~•• •• ~ LEN FVLTO N, Stk Dia trier • ~C~ V l~ •• TIME ITEM NO. 9:00 a.m. Call to order - Board of Supervisors room, County Administration Center, 25 County Center Drive, Oroville Present: Supervisors Dolan, Fulton, Saraceni and Chairman Wheeler; Mike Pyeatt, interim administrative officer; Del Siemsen, county counsel; and, Eleanor M. Becker, county clerk, by Rubye Townsley, deputy clerk. Absent: Supervisor Moseley. Pledge of allegiance to the Flag of the United States of America. Invocation (Supervisor Saraceni} 47 82-7.341 Approval of minutes - June 23, 29, 30, July 7 and 13, and August 20 and 24, 1982. (CONTINUED TO SEPTEMBER 21, 1982) 67 82-1342 Additional items from Board members tc be addressed at the end of the day_ a. Request of the Board to appoint a committee to do a government study.- Supervisor Fulton b. Referrals to Counsel for interpretation ) c. Library hours ) d_ Letter to be forwarded to Highway Patrol )_ Chairman Wheeler e. County automobiles ) f. Bank erosion along Lindo Channel ) g. Appointment to Fiscal Review Committee, S.E. Chico Redevelopment Agency ) MOTTON: TO APPOINT SUPERVISOR DOLAN TO CHAIR THE FISCAL REVIEW COMMITTEE FOR SOUTHEAST CHICO REDEVELOPMENT AGENCY. S M ~ VOTE: l Y 2 Y 3 Y 4 A 5 Y (Motion carried) 82-1343 Items pulled from the Consent Agenda for separate consideration: .Bridge replacement - Oregon Gulch Road Resolution declaring through highways Ruddy Creek drainage basin agreement 210 $2-1344 Consent Agenda Budget transfers. Action requested: APPROVE BUDGET TRANSFERS. Salary ordinance amendment - adding five Deputy Sheriffs positions. Action requested: WAIVE THE SECOND READING AND ADOPT ORDINANCE 2308. Page 3~.6. September 14, 1982 Child Health and Disability Prevention Program Plan update for FY 1982-83 and FY 1983-84. Action requested: AFPROVE PLAN AND AUTHORIZE SUBMISSION TO STATE DEPARTMENT OF HEALTH SERVICES. Robert & Anna Adams - renewal of variance to Sections 19-10 and/or 19-12 of the Butte County Code for placement of a mobile home on AP 27-15-019, 3565 Grubbs Road, Oroville area. Zoning: A-5. Action requested: APPROVE VARIANCE RENEWAL. Milatz - renewal of variance to Sections 19-10 and/or 19-12 of the Butte County Code for placement of a mobile home on AP 65-09-06, 6275 Heritage Wood Lane, Magalia area. Zoning: TM-5. Action requested: APPROVE VARIANCE RENEWAL. Lawrence Towner - renewal of variance to Sections 19-10 and/or 19-12 of the Butte County Code for placement of a mobile home on AP 40-30-01, 10176 Jones Avenue, Chico area. Zoning: A-5. Action requested: APPROVE VARIANCE RENEWAL. In accordance with Government Code Section 29390 and Board of Supervisors' Resolution 75-177 the Auditor-Controller and the District Attorney recommend relief from accountability for the shortage of $43 occurring at the Chico Mental Health Office between March 5, 1982, and March 8, 1982. Action requested: APPROVE REQUEST FOR RELIEF FROM ACCOUNTABILITY. Resolution determining urban limits, functional classifications of roads and designating certain roads to be in the federal- aid system. Action requested: ADOPT RESOLUTION $2-142, AUTHORIZE CHAIRMAN TO SIGN. Snowplowing local roads. Action requested: AUTHORIZE DIRECTOR OF PUBLIC WORKS TO MEET WITH COMMUNITY GROUPS TO HELP THEM FIND WAYS OF SNOWPLOWING LOCAL ROADS. Rename Thompson Flat Cemetery Road (Cherokee Road to end) to Maxine Morris Drive. Action requested: ADOPT RESOLUTION 82-143 AND SET PUBLIC-HEARING FOR OCTOBER 12, 1982 AT 10:15 A.M. Placer Service Corps - rezone (item on which an environmental impact report was previously certified} from "A-5" to "A-40" located along North Honcut Creek and west of Dunstone Drive at Cox Lane, identified as AP 27-18-10, 27-23-4, 27-23-13, 28-20-12, ten miles southeast of Oroville. Action requested: SET PUBLIC HEARING FOR OCTOBER 12, 1982, AT 10:30 A.M. Appointment to the Law Library Board of Trustees. Action requested: APPOINT MELANIE HOWELL. Appointment to the Northern California Health Systems Agency Board of Directors. Action requested: APPOINT MERIDTTH BUCHANAN. Appointment to the Butte County Health Planning Council. Action requested: APPOINT SCOTT BOULANT. Appointments to the Pine Creek Cemetery District. Action requested: APPOINT DAVID B. JONES, ELWIN A RONEY AND CALEB BAKER. Page 317. September 14, 1982 Report to the Board - Lucille Abts - denied rezone (item determined to be categorically exempt from environmental review) from "A-R" to "AR-MH," property located approximately 500 feet off the east end of Oliva Avenue, approximately one-quarter mile east of Mt. Ida Road, identified as AP 36-14-40, Oroville. Contracts and contract amendments. Action requested: APPROVE CONTRACTS AND AUTHORIZE THE CHAIRMAN TO SIGN. Contractor Amount Term Purpose State Dept. of $22,500 FY 82-83 Dental Disease Preven- Health Serv. (income) tion Program grant North Sacra- $22,500 F'Y 82-83 Dental disease preven- mento Valley (to be paid) tion services for Rural Health children Project State Dept. of $30,641 Contract Medfly detection Food and (additional Amend. Agriculture incom) FY 82-83 Cal State Univ. -0- 7/82-6/85 Training of student Chico Nurses Bay Area Place- $ 1,205 FY 82-83 Joint study of proper ment Comm. (to be paid) rates for private and group homes Family Service $6,600 FSC 82-83 Mediation services Assoc. Loma Rica-Browns -0- Indefinite Automatic aid fire VFC & Foothill service agreements VFC State Dept. of $48,453 FY 82-83 Alcohol & drug abuse Alcohol & {income) programs Drug Abuse North Valley $40,453 FY 82-83 Operate alcohol & drug Parent Edu- (to be paid) abuse programs cation Network MOTION: TO APPROVE CONSENT AGENDA 5 M VOTE: l Y 2 Y 3 Y 4 A S Y (Motion carried) 255 82-1345 Bridge replacement - Oregon Gulch Road. Action requested: AUTHORIZE PUBLIC WORKS DIRECTOR TO PROCEED WITH BRIDGE REPLACEMENT AND TO ACCEPT COMMUNITY CONTRIBUTIONS. MOTION: TO APPROVE ACTION AS REQUESTED M S VOTE: l Y 2 Y 3 Y 4 A 5 Y (Motion carried) 325 82-1346 Resolution declaring through highways - Rose Avenue from Bidwell Avenue to Chico River Road; Oroville-Quincy Highway from State Highway 162 to Plumas County; Larkin Road from Oroville city ', Page 318. September. 14, 1982 limits to East Gridley Road; Township Road from State Highway 99 to Sutter County; Durham-Pentz Road from .State Highway 99 to Pentz Road; and Pentz Road from State Highway 70 to Town of Paradise. Action requested: ADOPT RESOLUTION 82-144 ANB AUTHORTZE CHAIRMAN TO SIGN. MOTION: TO APPROVE ACTION AS REQUESTED, EXCLUDING ROSE AVENUE M S VOTE: l Y 2 Y 3 Y 4 A 5 Y (Motion carried) 373 82-1347 Ruddy Creek drainage basin agreement - an agreement has been prepared between the City of Oroville and Butte County delineating drainage basin responsibilities. Action requested: APPROVE AGREEH?ENT AND AUTHORIZE THE CHAIRMAN TO SIGN. MOTION: TO APPROVE ACTION AS REQUESTED, WITH AN ADDITIONAL AMEND- MENT WHICH READS, "ANY DRAINAGE MAINTENANCE FEES COLLECTED WITHIN THE UNINCORPORATED AREA OF COUNTY SERVICE AREA N0. 2G SHALL BE USED ONLY IN THE UNINCORPORATED AREA." M S VOTE: l Y 2 Y 3 Y 4 A 5 Y (Motion carried) Regular Agenda 550 82_1348 Discussion on participation in litigation against the State ofr California concerning increased Workers' Compensation benefits without a corresponding SB 90 appropriation. MOTION: TO SUPPORT THE COUNTY'S PARTICIPATION IN LITIGATION AGAINST THE STATE CONCERNING INCREASED WORKERS' COM- PENSATION BENEFITS WITHOUT A CORRESPONDING SB 90 APPROPRIATION. M S VOTE: l Y 2 Y 3 Y 4 A 5 Y (Motion carried) 718 82-1349 Discussion of options concerning leapfrog development petition. MOTION: TO CERTIFY THE REFERENDUM FOR THE NEXT STATE-WIDE ELECTION, NOVEMBER 1983. S M VOTE: 1 N 2 Y 3 N 4 A S Y (Motion failed) MOTION: TO RESCIND ORDINANCE N0. 2300 S M VOTE: l Y 2 N 3 Y 4 A 5 N (Motion failed} 1600 82-1350 Closed hearing - Dick Chappel appeal of conditions orx a tenta- tive parcel map (Conditions 12, 13 and 14) on property located at AP 41-O1-141, Hummer Road, approximately 1,000 feet west of Doe Mill Road, Forest Ranch area. (CONTINUED TO SEPTEMBER 28) Recess: 9:57 a.m. Reconven e: 10:10 a.m. Public Hearings and Timed Items 1723 10:13 a.m. $2-1351 Hearing re intention to rename a private road in Butte County: ', .Settler Lane (Stoney Oaks Boulevard to end) to Rattlesnake Gulch Road. (CONTINUED TO SEPTEMBER 28 AT 10:00 A.M.) Page 319. September 14, 1982 2700 10:00 a.m. g2-1352 Public hearing, A. E. Baker - abandonment of alleyway between parcels AP 31-271-01 and 31-271-11, Thermalito. MOTION: TO ADOPT RESOLUTION 82-145 ABANDONING ALLEYWAY AS REQUESTED. M S VOTE: l Y 2 Y 3 Y 4 A 5 Y (Motion carried) 2820 10:30 a.m. R2-1353 Public hearing, Upper Ridge Wilderness Area, Tnc. - protest of Planning Commission's action approving a use permit to the Paradise Unified School District for the proposed Paradise ** Pines Elementary School. 00 Recess: 11:35 a.m. Reconvene: 11:45 a.m. MOTION: I MOVE THAT WITH THE DELETION OF ITEM F-3 IN THE CONDITIONS, AND AGREEING TO A FURTHER STUDY OF COMPTON DRIVE AT PHASE. II, THAT WE APPROVE THIS PROJECT FINDING THE PROPOSED USES OF THE PROPERTY WILL NOT IMPAIR THE INTEGRITY AND CHARACTER OF THE ZONE TN WHICH THE LAND LIES AND THAT THE USE WOULD NOT BE UNREASONABLY INCOMPATIBLE WITH, OR INJURIOUS TO, SURROUNDING PROPERTIES OF DETRIMENTAL TO THE HEALTH AND GENERAL WELFARE OF THE PERSONS RESIDING OR WORKING IN THE NEIGHBORHOOD OR TO THE GENERAL HEALTH, WELFARE AND SAFETY OF THE COUNTY, GRANTING A USE PERMIT WITH CONDITIONS AND CERTIFYING THE ENVIRONMENTAL IMPACT REPORT AS SET FORTH TN THE SUGGESTED MOTION FROM THE PLANNING DEPARTMENT DATED SEPTEMBER 7, 1982. S M VOTE: l Y 2 Y 3 Y 4 A 5 Y (Motion carried) 11:45 a.m. 82_1354 Hearing re establishment of service charges for various county service areas in accordance with Government Code Section 25210.77a. (RESET PUBLIC HEARING FOR SEPTEMBER 28, 1982, 11:15 A.M. DUE TO ADVERTISING PROBLEMS) 82-1355 Public hearing, Ron Graves and Associates, on behalf of clients {Friedman, Boone, Foster and Lynnrich, Inc.), AP 72-22-05 {portion) and 72-22-15, lfi and 17, appeals Condition 2 on a tentative parcel map which provides two way traversable access from a county maintained road to serve all parcels - located at View Crest Drive, approximately 800 feet south of Bonham Road, east Oroville. (CONTINUED TO SEPTEMBER 21 AT 10:30 A.M.) Regular Agenda 2385 82-1356 Hugh Santos, chairman, Agricultural Advisory Commission spoke to the Board expressing his concerns about the functions of the Commission and about the dedication of of some of the appointees. (BOARD MEMBERS WHOSE APPOINTEES DID NOT ATTEND RECENT MEETING TO CONTACT THEM TO DISCUSS THIS ISSUE) Recess: 12:12 p.m. Reconvene: 1:34 p.m. Public Hearings and Timed Items ?732 82_1357 Recognition of persons wishing to speak. 1. Tom Wilson, regarding Butte County Arts Commission Page 320. September 14, 1982 i MOTION: TO APPOINT SUPERVISOR FULTON TO ARTS COUNCIL S M VOTE: l Y 2 Y 3 Y 4 A 5 Y (Motion Carried) 82-1358 Additional items from Board members: 1. Discussion of erosion problem along Lindo Channel - Chairman Wheeler. Public Hearings and Timed Items Recess for Closed.Session: 1:55 p.m. 292 1:55 p;. m. 82-1359 Interview of Community Action Agency Executive Director candidates. (NO ACTION TAKEN. CONTINUED TO SEPTEMBER 21, 1982) Reconvene: 3:27 p.m. Recess 3:28' p.m. Reconvene: 3:46 p.m. • Recess for Closed Session: 3:47 p.m. (NO ACTION TAKEN ON ONE ITEM; ACTION TAKEN ON BEAN CLIPPER ROAD: DECLARATORY RELIEF ALONG WITH YUBA COUNTY) Reconvene: 4:22 p.m. Regular Agenda 400 82-1360 Mary Reed - request for interim zone to allow second dwelling unit, a mobile home, on her property. (REQUEST WITHDRAWN, PERMIT WAS ISSUED ON AUGUST 31) 410 82-1361 The Planning Director recommends a charge of $3.00 for the sale of the new zoning ordinance and requests Board policy on the sale of this text to out of county public agencies. MOTION: TO APPROVE THE $3.00 CHARGE FOR SALE OF NEW ZONING ORDINANCE AND TO RECIPROCATE WITH COUNTIES WHO AO NOT CHARGE BUTTE COUNTY FOR THEIRS. S M VOTE: l Y 2 Y 3 Y 4 A 5 Y (Motion carried) 82-1362 Report from County Administrative Officer concerning alternative funding for Sheriff patrol services. (DISCUSSION. HOLD IN ABEYANCE} 82-1363 Appointment to the Paradise Cemetery District. (HOLD TO SEPTEMBER 21, 1982) 82-1364 Appointments to the Adult Day Health Care Planning Council to establish Council. MOTION: TO APPOINT THE FOLLOWING PEOPLE TO THE ADULT DAY HEALTH CARE COUNCIL: FRAN BRUCE; THELMA WILKINSON; FRIEDA FORTIER; PEG TAYLOR; TONY S¢UTLLACE; WILLIAM LORACK, M.D.; BARBARA ANDERSON; HARLAN ADAMS; FAUL MARTTNSON; NTNO CALARCO; SALLY ZIVE; R. STEVEN PULVER- MAN, M,D.; LYNN McENESPY; LEE EXUM; MARY GRANNEMAN; CAROLYN HAWLEY; BARRTE-DYER; NANCY TALLEY; RICHARD POWELL; AND, RICHARD PETTERSEN. M S ', VOTE: l Y 2 Y 3 Y 4 A S Y (Motion carried) " Page 321. September 14, 1982 856 82-13b5 Communications Geddis, Driscoll, Christofferson & Lenhardt, engineers, on behalf of Jean Trueblood, wish to appeal the Advisory Agency's denial for a waiver of Chapter 20 of the Butte County Code concerning a tentative parcel map (AP 21--01-01 and 18). (PUBLIC HEARING DATE SET FOR SEPTEMBER 28, 1982, AT 10:45 A.M.) Elizabeth Tapscott, HUD program manager, grants permission to expand the county's housing rehabilitation target area. (INFORMATION ONLY) The Agricultural Advisory Commission recommends that the Board of. Supervisors support both AB 801 and AB 3672. (INFORMATION) . The Agricultural Advisory Commission recommends that the Board allow retail stores in agricultural zones so long as they meet existing county ordinances. (RE-REFERRED TO AGRICULTURAL ADVISORY COMMISSION) Community Legal Information Center, Welfare Rights Organization requests a new fair hearing for case #04-90-33303. (REQUEST WITHDRAWN) David M. Jay, U.S. Department of Agriculture, acknowledges receipt of Board of Supervisors' letter of August 30, 1982, relative to herbicide applications. (INFORMATION ONLY) Additional Communications: 1. Letter from E1 Dorado County inviting Assessor from Butte County to look at their computer program. 2. Late appeal - Cliff Johnsen, TENTATIVE CONDOMINIUM SUBDI- VISION, ten units approximately 400 ft. west of Warner Street and West 2nd Avenue, Chico area, appeal of Public Works Condi- tion #7. (PUBLIC-HEARING SET: SEPTEMBER 28, 1982, 10:30 a.m.) $2-1366 Additional items from Board members: 1. Reauest for a copy of the write-up given at the last Veterans' meeting, and to give them a chance to discuss the issue at next week's meeting - Supervisor Fulton 2. Request that Chairman appoint Supervisors Fulton and Dolan to a committee to put together a format for public hearings: relative to .the reorganization of the administrative office. ', - Supervisor Fulton. .(CHAIRMAN APPOINTED SUPERVISORS DOLAN AND FULTON TO THIS COMMITTEE) 3. Request to look into the county vehicle situation.- Chairman Wheeler (CHAIRMAN :WHEELER AND'SUPERVTSOR SARACENI TO SERVE ON COMMITTEE TO STUDY THIS.MATTER) 4. Letter received relative to Library hours - Chairman Wheeler (LETTER TO BE SENT TO JO TERRY) Page 322. September 14, 1982 °` Adjournment: The Board adjourned at 5:15 p.m. to reconvene on Tuesday, September 21, 1982 at 9:00 a.m. ATTEST: ELEANOR A4. BECKER, COUNTY CLERK- RECORDER and ex-officio Clerk to the Butte County Board of Supervisors h irman, Boar of Supervisors Page 323. September 14, 1982