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HomeMy WebLinkAboutM092882MzNU~Es Septembea^ 28, 1982 ITEM N0. 82-1393 82-1394 ~O° SUP~;~+. :~Q•:' ~ ~;~0 ;~; ` ;~. :~• . ~a: . *: ~: • a~+~ OU1'S~~p~ BOARD OF SUPERV150R5 EIILDA WHEELER. 3rd Diauict, CHAIRMAN AL SARACENI, lat Diatrie! JANE DtlLAN. Ind Diiuict BERTHA MOSELEY. nth Diatriet LEH FULTO N. 5th Dlateict Ca11 to order - Board of Supervisors room, County Administration Center, 25 County Center Drive, Oroville. (00) Present: Supervisors Dolan, Fulton, Moseley, Saraceni and Chairman RTheeler. Mike Pyeatt, interim administrative officer; Del Siemsen, 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) CLOSED SESSION: The Board recessed at 9:02 a.m. to hold a closed session regarding litigation. RECONVENE: The Board reconvened at 9:24 a.m. following a closed session regarding litigation. No decisions were made. Approval of minutes - September 21 and 22, 1982. (34) MOTION: TO APPROVE MINUTES OF SEPTEMBER 21 AND 22, 1982 WITH T THE CORRECTION TO THE MINUTES OF SPETEMBER 22, 1982 TO REFLECT SUPERVT50R FULTON INSTEAD OF SUPERVISOR DULTON. S M VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Motion carried unanimously) Additional items from Board members to be addressed at the end of the day (50) a. Pleased to be back at Board meeting - Supervisor Moseley b• Mobile home-request by Hazel Gurtis- Supervisor Moseley c. Announcement regarding Nina Lambert - Supervisor Dolan d. Development petition for Canyon Park - Chairman Wheeler 82-1395 Pulled from the consent agenda for separate consideration: Resolution amending Resolution 82-1 for Air Pollution Control fees (REFERRED TO COUNTY COUNSEL FOR REPORT BACK ON OCTOBER 5, 1982) Library shelving and furniture award of bid Consideration of salary ordinance amendment transferring drug program staff to Mental Health (CONTINUED TO OCTOBER 12, 1982) 82'-1396 Consent A enda (125) ', 1. Budget Transfer. Action requested: APPROVE BUDGET TRANSFERS. 2. Renewal of variance to Sections 19--10 and/or 19-12 of the Butte County Code for placement of a mobile home: a. Harold Deal, AP 36-29-2-25, 2176 East Kusel Road, Oroville, zoning: "AR-MEI" b. Burldean Fiant, AF 34-07-114, 4619 Olive Highway, Oroville, zoning: "AR-MH-3" Page 331. September 28, 1982 1 September 28, 1982 c. Robert & Joan Hess, AP 40-46-15, 88 Honey Run Road, Chico, zoning: "FR-5" d. James & Mary Kent, AP 44-28-20, Route 1, Box 4750, Nord Highway, Chico, zoning: "A-2" e. Horace Kimbrell, AP 72-08-010, 9164 Pyandotte LaPorte Road, Oroville, zoning: "A-2" f. William & Dorie Laughlin, AP 27-24-7, 7664 Citrus Avenue, Oraville, zoning: "A-5" g• E.- C. Norwood, AP 28-13-24, Pleasant Grove Lane, P. O. Box 65, Bangor, zoning: "A-5" h. Wallace Wilcox, AP 28-19-95, 388 Mission Olive Road, Oroville, zoning: "A-5" ', Action requested: APPROVE VARIANCE. RENEWAL 3. Request for variance to Sections 19-10 and/or i9-12 of the Butte County Code for placement of a mobile home: Melba Dunlap, AP 24-04-2-013, 887 Vance Avenue, Biggs, zoning:. "A-40". Action requested: SET PUBLIC HEARING DATE FOR OCTOBER 19, 1982 AT 10:15 A.M. 4. CETA vocational education grant - modification to carry forward ', $30,160 to FY 1983. Action requested: APPROVE GRANT MODIFICATION AND AUTHORIZE DIRECTOR TO SIGN. 5. CETA economic development subagreement - adds $9,538 for FY 1983. Action requested: APPROVE SUBAGREEMENT AND AUTHORIZE DIRECTOR TO SIGN. 6. CETA Chico of€ice space agreement with Overall Economic Develop- ment Corporation. Action requested: APPROVE AGREEMENT AND AUTHORIZE DIRECTOR TO SIGN. 7. CETA computer software maintenance agreement with Applied Computer I Services. Action requested: APPROVE AGREEMENT AND AUTHORIZE DIRECTOR TO SLGN. 8. Volunteer Fire Program -acquisition of seven €ederal excess property vehicles. Action requested: ACCEPT OWNERSHIP OF VEHICLES 9. County Health Services Plan and budget for FY 1982-83. Action requested: APPROVE PLAN AND BUDGET AND AUTHORIZE SUBMITTAL TO STATE DEPARTMENT OF HEALTH SERVICES 10. Rename Wyandotte-LaPorte Road (Mt. Ida Road to Old Olive Highway) to Mt. Ida Road. Action requested: ADOPT RESOLUTION 82-149 SETTING A PUBLIC HEARING DATE FOR OCTOBER 19, 1982 AT 10:30 A.M. ', 11. Appointments to the Assessment Appeals Board. Action requested: APPOINT RICHARD VERMILLION AS BOARD MEMBER AND STANLEY PITTMAN AS HEARING OFFICER TO SERVE UNTIL JUNE 3, 1985. 12. Appointments to the Building Code. Board of Appeals. Action requested: APPOINT RON GRAVES, LCS'D FRANKLIN AND GTLBERT BOWLES TO THE BUILDING CODE BOARD OF APPEALS TO SERVE UNTIL AUGUST 1, 1986. ', MOTION: APPROVE CONSENT AGENDA AS REQUESTED WITH DELETION OF ABOVE MENTIONED ITEMS S M ', VOTE: l Y 2 Y 3 Y 4 Y 5 Y Motion carried unanimous}.y) Page 332. September 28, 1982 82-1.397 82-1398 82-1399 82-1400 82-1401 82- I40 2 September 28, 1982 Library shelving and furniture - award of bid. Action requested: AWARD LIBRARY SHELVING BID OF $55,092 TO ROSS, MCDONALD COMPANY: AND AWARD WOODEN LIBRARY FURNITURE BID OF $67,169.47 TO CONSTRUCTION 5ALE5 ASSOCIATES (203) MOTION: APPROVE ACTION AS REQUESTED M S VOTE: 1 N 2 Y 3 Y 4 Y 5 Y (Motion carried) Re ular` Agenda Public Works recommends issuing a building permit to John Perky, Gridley rezone, based on (1) a permit has been issued for part of the area; (2) gas lines were installed to building sate prior to rezone; (3) septic tank permit has been issued; (4) subject to application being made to divide the land in accordance with the new rezone. Action requested: APPROVE BUILDING PERMIT (243) MOTION: APPROVE ACTION AS REQUESTED M S VOTE: 1 2 3 4 5 (motion withdrawn) (TO BE CONSIDERED ON OCTOBER 5, 1982) Items to be referred to Land Development Process Commission for their investigation. (510) MOTION: TO APPROVE AS PRESENTED NOTING THE COMMENTS OF SUPERVISORS DOLAN AND FULTON M S VOTE: l Y 2 Y 3 Y 4 X 5 Y (Motion carried unanimously) Report from County Counsel on claim of William Anderson. (750) MOTION: REJECT CLAIM AS NOT BEING TIMELY FILED AND REFER TO COUNTY COUNSEL AND RISK MANAGEMENT COORDINATOR S M VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Motion carried unanimou~,y) Ordinance adding Chapter 28A (K Housing Code regulations) to the Butte County Code relative to single family dwellings. Action requested: WAIVE FIRST READING Resolution establishing an Appeal Board to hear ail .appeals under Chapter 28A (K Housing Code) of the Butte County Code. Action requested: ADOPT RESOLUTION 82-150 (777) MOTION: APPROVE AS REQUESTED M S VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Motion carried unanimously). Consideration of procedures and budgetary transfers to allow the E1 Medio Neighborhood Corporation to issue new construction loans. (823. MOTION: APPROVE AS SET FORTH IN MEMO DATED SEPTEMBER 20, 1982 FROI? CONNERLY AND ASSOCIATES FOR THREE ITEMS AS LISTED S M VOTE: l Y 2 N 3 Y 4 Y 5 Y (Motion carried) RECESS: 9:55 a. m. RECONVENE: 10:15 a.m. Page 333. September 28, 1982 1 September 28, 1982 Public-Hearings and Timed Items 8211403 Continued hearing - intention to rename a private road in Butte County: Settler Lane (Stoney Oaks Boulevard to end) to Rattlesnake Gulch Road. (978) MOTION: MOVE TO DENY CHANGE M S VOTE: 1 X 2 Y 3 Y 4 Y 5 Y (Motion carried unanimously). MOTION: ADOPT RESOLUTION 82-151 SETTING A PUBLIC HEARING DATE OF OCTOBER 26, 1982 AT 10:00 A.M,TO RENAME A PRIVATE ROAD IN BUTTE COUNTY: SETTLER LANE (STONEY OAKS BOULEVARD TO END) TO STONEY OAKS LOOP M S VOTE: 1 Y 2 Y 3 Y 4 X 5 Y (Motion carried unanimously) 82-1404 Sean F. Curran - abandonment of road rights-of-way, South Thermalito Subdivision, Larkin Road. (1083) MOTION: APPROVE ABANDONMENT AND ADOPT RESOLUTION 82-152 M S VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Motion carried unanimously) 82--1405 Continued hearing - Martin Friedman - appeal of the Advisory Agency's Condition 2 on tentative parcel map, AP 72-22-18, four parcels, at the end of cul-de-sac on View Crest Drive, off Peak View Drive,. east Oroville area. Continued hearing - William Boone - appeal of the Advisory Agency's condition 2 on tentative parcel map, AP 72-22-15, four parcels, on View Crest Drive, approximately 800 feet south of Bonham Road, east Oroville area. Continued hearing - Ellis Foster - appeal of the Advisory Agency's. condition 2 on tentative parcel map, AP 72-22-17, three parcels, one mile, more or less, south of Forbestown Road and one mile east of Old Olive Highway, east Oroville area Continued hearing - Lynnrich, Inc. - appeal of the Advisory Agency`s condition 2 on tentative parcel map, AP 72-22-16, four parcels, one mile, mare or less, south of Forbestown Road and one mile east of 01d Olive Highway, east Oroville area. (1107) (CONTINUED TO OCTOBER 5, 1982 AT 11:15 A.M.) Regular Agenda 82-x:406 Policy regarding Board of Supervisor endorsement of statewide ballot measures. (1165) MOTION: ADOPTION OF POLICY POSITION OF NOT ENDORSING ANY STATEWIDE PROPOSITIONS S M VOTE: 1 N 2 Y 3 N 4 N 5 Y (Motion failed) Public Hearings and Timed Items 82-1407 Annexation to County Service Area No. 67 of Vista Del Cerro Unit No. 2 for street lighting. (1799} MOTION: APPROVE ANNEXATION AND: ADOPT RESOLUTION 82-153 M c:-~::~, S VOTE : l Y 2 Y "^ `~ ~3` Y 4 Y 5 Y (Motion carried unanimously) Page 334. September 28, 1982 September 28, 1982 82-1408 Additional items from Board members: (1999) a. Meeting with Chico Chamber of Commerce on October 20, 1982 at 3:30 g.m. - Chairman. Wheeler b. Volunteer Fire Fighters Recognition Day - Chairman Wheeler RECESS: 10:48 a.m. RECONVENE: 11:00 a.m. 82-1409 Recognition of persons wishing to speak. (2152) 1. Evelyn Reeder, regarding items addressed by Board members 2. Patrick Porgans, synopsis of Redtape Abatement Water Report *~ No. 2 3. Eldon Brower, Water Advisory Committee, urging opposition of Proposition 13 (00) 4. Karen Vercruse, Water Advisory Committee, urging opposition of Proposition 13 S. Ron Miller, Butte County Farm Bureau, urging opposition of Proposition 13 6. Mary Palmer, grievance with Butte County hiring system. (REFER TO ADMINISTRATIVE OFFICER AND PERSONNEL DIREGTOR FOR REPORT BACK TO THE BOARD ON CONCERNS RAISED) 7. Richard Redmond, taking exception to Water Advisory Committee request for opposition to Proposition 13 8. Howard Clark, requesting water issue be placed on agenda MOT SON: ADOPT RESOLUTION 82-154 AS SET OUT BY THE WATER ADVISORY COPIMITTEE SHOWING A NO VOTE ON PROPOSITION 13 M S VOTE: 1 Y 2 NV 3 Y 4 Y 5 NV (Motion carried) (INVITE REPRESENTATIVE FROM DEPARTMENT OF WATER RESOURCES AND PERSON WHO WROTE INITIATIVE TO SPEAK TO BOARD ON OCTOBER 12, 1982) 82-1410 Continued hearing re establishment of service charges for various county service areas in accordance with Government Code Section 25210.77a. (1327) MOTION: APPROVE. SERVICE CHARGES WITH DELETION OF CSA 26 DRAINAGE FEES AND ADOPT RESOLUTION 8~2-155 S M VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Motion carried unanimously) RECESS: 12:21 p.m. RECONVENE: 1:53 p.m. R~ aBenda 82-1411 Continued closed hearing - Dick Chappell appeal of conditions on tentative parcel map (conditions 12, 13 and 14) on property located on AP 41-01-141, Hummer Road, approximately 1,000 feet west of Doe Mill Road, Forest Ranch area. (CONTINUED TO OCTOBER 12, 1982) (1805) 82:.;1;!+12 Director of Planning requests policy direction on the zoning of ', mobile homes and mobile home parks. (1872) MOTION: ACCEPT RECOMMENDATIONS OF STAFF AS SET FORTH ON MEMO DATED SEPTEMBER 23, 1982, ITEMS 2 AND 3. M S VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Motion carried unanimously) Page 335. ~! September"28, 1982 September 28, 1982 82-1413 Selection of Community Action Agency Executive Director. (2447) ~~~ CLOSED SESSION: The Board recessed at 2:10 p.m. to hold closed session regarding selection of Community Action Agency Executive Director RECONVENE: The Board reconvened at 2:47 p.m. following closed session MOTION: APPDINT ROBERT LO FASO AS COMMUNITY ACTION AGENCY EXECUTIVE DIRECTOR M S VOTE: 1 N 2 Y 3 Y 4 N 5 Y (Motion carried) 82-1414 Director of Planning requests policy direction on the zoning of mobile homes and mobile home parks. (.2535} MOTION: INITIATE &~ZONE FROM "AR" TO "AR-MH" FOR LOWER WYANDOTTE AS DELINEATED ON PREVIOUS STUDY AND "AR" DISTRICT NEAR THE TOWNSHIP OF NORD. M S VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Motion carried unanimously) 821415 Board of Supervisors' comments to the 1981-82 Final Grand Jury Report. (LETTER TO BE SUBMITTED SETTING FORTH COMMENTS OF BOARD MEMBERS) (2582) 82-1+16 Communications (150) Department of the Army, Corps of Engineers, forwards a response to the Board's letter of August 16, 1982 concerning levy erosion on North Honcut Creek. (INFORMATION: NO ACTION TAKEN) Butte County Farm Bureau expresses concern over the Board's consideration of service districts to fund Sheriff patrols. (INFORMATION: NO ACTION TAKEN) Connerly and Associates provide information about an environmental review monitoring visit by HUD auditors. (INFORMATION: NO ACTION TAKEN) Paradise Pines Property Owners Association expresses appreciation for the assistance provided by Eleanor Becker, county clerk- '. recorder, during their recent election of directors. (INFORMATION: COPY TO BE SENT TO COUNTY CLERK-RECORDER) Elizabeth"~apscott,•program manager, HUB, acknowledges receipt of the county's revised implementation schedule and advises of the need to expend current grant funds in order to be eligible for future grant funding. (TNFORMATION: NO ACTTON TAKEN} ', Dawn Andre, South Feather Watershed Council, requests time to speak to the Board concerning the U. S. Forest Service vegetation management plan. (REFER TO ADMINISTRATIVE OFFICE TO CORRESPOND. WITH HER) Department of the Army, Corps of Engineers, forwards in~£ormation about the bank protection project on the Sacramento River between Chico Landing and Red Bluff. (INFORMATION: NO ACTION TAKEN) George=Robison, on behalf of Alfred Zadig, provides information concerning the appeals of Martin Friedman, Ellis Foster, Lynnrich, Inc., and William Boon scheduled for public hearing on September 28, 1982 at 10:15 a.m: (TO BE CONSIDERED ON OCTOBER 5, 1982} Page 336. ', September 28, 1982 i (J September 28, 1982 82-1417 82--1418 82-1419 Brislain and Zink, attorneys, on behalf of James Britt and Samuel Brown, submit a claim for alleged damages sustained as a result of an incident involving the Sheriff's Department on June 12,.1982 in the Gridley area. MOTION: REJECT CLAIM AND REFER TO COUNTY COUNSEL AND RISK MANAGEMENT COORDINATOR 5 M VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Motion carried unanimously) Rolls, Anderson and Rolls, engineers, on behalf of Douglas Grant, file a late appeal regarding AP 43=27-04, two parcels, located on the south side of West Sacramento Avenue, 450 feet east of St. Amant Drive., Chico area. (CONTINUED TO OCTOBER 5, 1982) James T. Hayes, chairman, Butte County Veterans Council, submits information xelative to the Veterans Memorial Hall Committees and related matters. (REFER TO PUBLIC WORKS AND STAFF) John D. Cunningham, Chico, request written notification for any petition of abandonment of the 20-foot alley between parcels 035 and 030 of Assessor's Parcel Map No. 39-37, property located off Dayton Road between Marian Avenue and Stanley Avenue. (REFER TO PUBLIC WORKS AND PLANNING DEPARTMENTS) John J. Reed, Oroville, requests interim zoning to place a mobile home on AP 036-03-84, property located on Pinecrest Avenue, Oroville area. (REFER TO PLANNING) Warren Associates, Chico, requesting use of Veterans Memorial Hall in Chico. for a permanent theater site for Peppermint Palace Theater. REFER TO PUBLIC WORKS DIRECTOR, TOM WILSON OF ARTS COUNCIL AND TO ADMINISTRATIVE OFFICE TO COMMUNICATE BACK T6 THEM THAT BOARD IS INTERESTED IN DISCUSSING THE MATTER) Paradise Unified School District regarding the fact the county would not be providing snow removal service to the Upper Ridge, Magalia, Faradise Pines and De Sable during the 1982-83 school year. (REFER TO SUPERVISOR FULTON AND PUBLIC WORKS DIRECTOR) Additional items from Board members. (388) a. The Board meeting will be continued to September 30, 1982. - Chairman Wheeler b. Inter-governmental meeting concerning Amtrak - Chairman Wheeler c. County vehicle committee - Chairman Wheeler Consent Agenda Salary ordinance amendment - creates a psychologist position and reclassifies nurse positions. Action requested: WAIVE FIRST READING. '(435) MOTION: TO APPROVE AS REQUESTED S M VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Motion carried unanimously) Re ular Agenda Public Works recommends issuing a building permit to John Perky, Gridley rezone, based on (1) a permit has been issued for part of the area; (2) gas lines were installed to building site prior to rezone; (3) septic tank permit has been issued; (4) subject to application being made to divide the land in accordance with the new rezone. Actiotl.r~quested: APPROVE BUILDING,PERMIT (550) Page 337. September 28, 1982 September 28, 1982 MOTION: APPROVE ACTTON AS REQUESTED S M VOTE: I 2 3 G 5 (motion withdrawn} RECESS: The Board recessed at 3:57 p.m. to reconvene on Thursday, September 30, 1982 at 2:00 p.m. Page 338. September 28, 1982