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HomeMy WebLinkAboutM101883 October 18, 1983 Call to order - Board of Supervisors Room, County Administra- tion Center, 25 County Center Drive, Oroville. Present: Supervisors Fulton, Moseley, 5araceni, Wheeler and Chair Dolan; Martin J, Nichols, chief administrative officer; Del Siemsen, county counsel; and, Rubye Townsley, secretary. Pledge of allegiance to the Flag of the United States of America. Invocation - Supervisor Moseley 83-828 Additional items from Board members to be addressed at the end of the day: 1. Item concerning the Thermalito Drainage District. - Supervisor Moseley. 2. Report on attendance at two meetings concerning water. - Supervisor Wheeler, 3. Request that the Board pass two resolutions and approve a letter: -letter to Las Plumas High School commending them for their sponsorship of Band Festivo. -resolution on Beatitudes 15th anniversary. -resolution proclaiming National Business Week. -Chair Dolan Page 219 October 1$, 1983 October 1$, 1983 83-829 83-830 MOTION: TO APPROVE A LETTER TO BE SENT TO LAS PLUMAS HIGH SCHOOL COMMENDING THEM FOR THEIR SPONSORSHIP OF BAND FESTTVO; TO APPROVE RESOLUTION 83-15$ FOR THE OCCASION OF THE 15TH ANNTVERSARv OF BEATITUDES; AND, TO APPROVE RESOLUTION 83-159 PROCLAIMING THIS WEEK AS NATIONAL BUSYNESS WEEK. S M VOTE: 1° 2 3 4 5 (Unanimously carried) Items removed from the consent agenda for separate consideration: 1. Fish and Game Commission - purchase of motocycles - three wheel~motocycle as approved in the budget and a used 1981 250cc motocycle at a cost of $2,500 plus tax. 2. Appointment of Karen Vercruse as the District 3 represen- tative to the Butte County Planning Commission. 3. Appointment of Maxine Mendonsa to the Oroville Cemetery District Board of Directors to serve until January 19$7. Consent Agenda 1. Approval of minutes - September 20, 1983. Action requested: APPROVE MINUTES. 2. Budget transfers. Action requested: APPROVE BUDGET TRANS- FERS B-29, B-30, B-31, B-33, B-34, 8-35, B-36, B-37, B-38, B-39. 3. Penalty abatement requests - change of ownership reports, Action requested: APPROVE THE FOLLOWING PENALTY' ABATEMENT REQUESTS: Sherman S. Hinaman, Jr. - AP AP AF AP Heidi Hinaman -AP AP AP 038-21-0-012-0 038-22-0-003-0 038-22-0-009--0 029-oa-0-oo8-0 oa9-o~-0-039-0 029-07-0=039-0 029-07-0-059-0 Page 220 October 18, 1983 October 18, 1983 Laura J, and Rosary P, Del Ria -AP 010-26-0-050-0 Danny & Terri Carter -AP 036-65-0-064-0 Michael Leonard -AP 062-0$-0-049-0 Robert A. Coppa, Jr. -AP 064-53-0-040-0 Mr, & Mrs. Allan Brann -AP 003-17-1-003-0 Mr. & Mrs. Fred Kruger -AP 071-29-0-023-0 Laburnam Investors -AP 045-07-4-OO1W0 Kevin L. Pickering -AP 030-20-0-066-0 Craig Donalson & Michael Galli -AP 056-10-0-016-0 Donald Ward -AP 005-16-1-006-0 Jerry Zimmers, et al -AP 043-43-0-011W0 Thomas P. Reed -AP 047-52-0-010-0 Steven R. Hammer -AP 031-31-0-023-0 Ng Min Hong -AP 043=34-0-068-0 Susan K. Hume -AP 039-35-0-031-0 AP 039-48-0-017-0 David R. & Kathleen Letterman -AP -34-21-2-012-0 Mr. & Mrs. David Meyers -AP 033-05-b-010-0 Mr. & Mrs. Ramon M. Bara~as -AP 010-26-0-037-0 B. J. & Isabel Cassin -AP 008-57-0-016-0 Security Pacific National Bank -AP 054-13-1-007-0 4. Final map - Eastwind Condominium Subdivision - AP 44-054-15 and lb, condominium conversion of 32 units on one lot on the south side of Lassen Avenue, 500 feet west of the Esplanade in Chico. The developer has provided a cash deposit in lieu of Labor and Materials and Performance bands to guarantee construction of required improvements and placement of survey monuments. Action requested: ACCEPT DEPOSIT BY DEVELOPER OF $$,b07.46 FOR TAXES OR SPECIAL ASSESSMENTS WHICH ARE A LIEN BUT NOT YET DUE OR PARABLE; MAKE THE FINDING THAT THE APPLICANT HAS COMPETED OR WILL COMPLY WITH X66427.1 OF THE STATE SUBDIVISION MAP ACT; APPROVE FINAL MAP; ACCEPT GRANT IN FEE SIMPLE FOR LASSEN AVENUE AND EASEMENTS AS OFFERED IN ITEMS (A) AND (B) OF THE OWNER'S CERTIFICATE ON BEHALF OF THE PUBLIC; AND AUTHORIZE CHAIR TO SIGN SUBDIVISION AGREEMENT. 5. Final map - Westwood Condominiums - AP 43-22-11 & 12, condominium subdivision of 21 units on one lot and boundary line modification on the easterly side of State Highway 32, 700 feet northerly of Stewart Avenue, Chico area. The developer has provided Labor and Materials and Performance bonds to guarantee construction of required improvements, and a Maintenance band to guarantee maintenance of improve- ments for a period of one year from the date of completion and acceptance. Action requested: ACCEPT DEPOSIT By Page 221 October 18, 1983 October 18, 1983 DEVELOPER FOR TAXES OR SPECIAL ASSESSMENTS WHICH ARE A LIEN BUT NOT vET PA°ABLE; APPROVE FINAL MAP, ACCEPT GRANT TN FEE SIMPLE, RIGHT-OF-WAY FOR STATE HIGHWAv 32 AS OFFERED IN ITEM (A) OF THE OWNER'S CERTIFICATE, ACCEPT EASEMENTS AS OFFERED IN ITEM (B) OF THE OWNER'S CERTIFICATE ON BEHALF OF THE PUBLIC; AND AUTHORIZE CHAIR TO SIGN SUBDIVISION AGREEMENT. 6. Lakeridge Village Assessment District - conveyance of sewer- age system and appurtenances to North Burbank Public Utility District. Action requested: AUTHORIZE CHAIR TO SIGN DEDI- CATION OF SEWERAGE S°STEM AND APPURTENANCES TO NORTH BURBANX PUBLIC UTILITY DISTRICT, AS PER ARTICLE 7 OF RESOLUTION N0. 81-270. 7. Lakeridge Village Assessment District - conveyance of water system and appurtenances to Oroville-Wyandotte Irrigation District. Action requested: AUTHORIZE CHAIR TO SIGN DEDI- CATION OF WATER SYSTEM AND APPURTENANCES TO OROVILLE- W°ANDOTTE IRRIGATION DISTRICT, AS PER ARTICLE 7 OF RESOLUTION N0. 81293. 8. Lakeridge Village Assessment District - deed of conveyance to Pacific Gas and Electric Company. Action requested: ADOPT RESOLUTION 83-160 APPROVING DEED OF CONVEYANCE AND AUTHORIZE THE CHAIR TO SIGN THE CONVEYANCE. 9. Ordinance establishing speed limit on Lower Wyandotte Road - 25 miles per hour from 200 feet north on V-6 Road to 700 feet south on Forestview Drive. Action requested: WAIVE THE FIRST READING OF THE ORDINANCE. 10. County Service Area 21 - Skansen Subdivision sewer pond access - Baldwin Contracting Company requests the existing access easements to the sewer pond for the subdivision be exchanged for a new access easement and road. Action requested: APPROVE QUIT CLAIM DEEDS FOR THE EXISTING ACCESS EASEMENT, ACCEPT NEW ACCESS EASEMENT DEEDS AND AUTHORIZE .THE CHAIR TO SIGN DEEDS. 11, Renaming of private road - Deception Lane (Deception River Road to end) to Lila Lane where the residents in the area have requested the name change. Action requested: ADOPT RESOLUTION 83-lbl SETTING PUBLIC HEARING DATE FOR NOVEMBER 22, 19$3, AT 10:00 A.N1. Page 222 October 18, 1983 October 18, 1983 12. JTPA - PIC executive agreement - an agreement outlining the Executive Officer's services to be provided through the Personnel Department. Action requested: APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. 13. Health insurance satellite agreement - Butte County Hous- ing Authority requests modification in their agreement with the county which includes Housing Authority employees .under the Blue Shield health insurance contract. Action requested: AUTHORIZE MODIFICATION OF THE AGREEMENT REDUCING THE HQUSING AUTHORITY'S REQUIREMENT TO CONTRIBUTE TOWARD EMPLOYEE CONTRTBUTIONS FROM 90% TO 70%. 14. Affirmative Action Plan - submittal of Plan for 1984. Action requested: APPROVE 19$4 AFFIRMATIVE ACTION PLAN. 15. Office lease - Drug and Alcohol Program - agreement with Chico Professional Offices for rental of space at 578 Rio Lindo Avenue in Chico from November 1, 1983, through October 31, 1984, at a cost of 65~ per square foot. Action requested: APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. 15. Postage accounting system - approval for the purchase of an electronic accounting system within the appropriation approved by the Board far a new mailing machine and electronic scale for the central mail operation is requested; Action requested: AUTHORIZE ACQUISITION OF ELECTRONIC ACCOUNTING SYSTEM. 17. Reroofing of county buildings - specifications have been prepared for the reroofing of six county buildings and the resealing of four other buildings as approved in the current budget. Action requested: AUTHORIZE A CALL FOR BIDS TO BE OPENED IN THE PURCHASING OFFICE ON MONDAY, OCTOBER 31, 1983. 18. Acquisition of microcomputers - Auditor's Office - the Auditor submits a proposal and request for the acquisition of three microcomputers with related peripherals and software at a price not to exceed $12,000. Action requested: APPROVE ACQUISITION. Page 223 October 18, 1983 October 18, 1983 19. Butte County Transit - authorization is requested to purchase two transit buses, two fare boxes, two two-way radios and two bike racks, with moneys in the current fiscal year's budget plus those being appropriated by budget transfer B-31. Action requested: AUTHORIZE PURCHASE OF FIXED ASSETS. 20, Butte County Law Library Trustees - forward for information their financial report for 1982-83 and a report on the number of books, periodicals and other publications in the Law Library for 1982-83. Action requested: ACCEPT REPORT. 21. Right-of Tway for road purposes on Hupp Coutolenc Road - Rolland A. Vandegrift and Lucian B. Vandegrift, as trus- tees of the Vandegrift Trust. Action requested: ACCEPT EASTMENT DEED AND AUTHORIZE THE CHAIR TO SIGN. 22. Claim - a claim has been submitted by James H, Caswell in the amount of $25,00© for alleged damages brought about by noise being emitted into his property by Sierra Paci- fic Millwork Division on Kusel Road. Action requested: REFER TO COUNTS COUNSEL. 23. Salary advancements - Deputy County Counsel Michael 0, Harvey and Harvey Wallace to range 32.0, step E in accardT ante with Personnel Rules X12,13. Action requested: AUTHORIZE ADVANCEMENT. 24. Job sharing - Gridley Justice Court - Board authorization is needed to split a current deputy court clerk I position and to authorize advanced step hiring for a former em- ployee to return on an extra help basis at range 9.5, step D. Action requested: AUTHORIZE JOB SHARING AND EXTRA HELP ADVANCED STEP HIRING WHICH WILL RESULT IN COST SAVINGS. 25. Butte County Library Trust - in accordance with Govern- ment Code §25355 accept $300 donation from the Chico Velo Cycling Club, Action requested: ACCEPT DONATION. Page 224 October 18, 1983 October 18, 1983 26. City of Gridley agreement - providing for the defense by, County Counsel of County of Butte of all actions filed against city seeking a refund of taxes assessed and levied on property within city. Action requested: APPROVE AGREEMENT AND AUTHORIZE CHAIR TO SIGN. 27. Richard and Mary Gregg - renewal. of variance to X19-10 and/or X19-12 of the Butte Caunty Code for placement of a mobile home on AP 21-23--22, 227 West Evans Reimer Road, Gridley area; zoning: A-40. Action requested: APPROVE VARIANCE RENEWAL 28. Rupert M. & Helen Haecherl -renewal of variance to X19-10 and/or X19-12 of the Butte Caunty Code for placement of a mobile home on AP 30-71-32, 1663 20th Street, Oroville area; zoning: A-2. Action requested: APPROVE VARIANCE RENEWAL. 29. Lonnie O. Taylor - renewal of variance to §19~-10 and/or X19-12 of the Butte County Code for placement of a mobile home an AP 24-23-16, 43 Mockingbird Lane, Oroville area; zoning: A-5. Action requested: APPROVE VARIANCE RENEWAL. 30. Bachman and Associates -- on behalf of Joe Wagner and Den- nis Strothman, request to remove a condition of approval from the Lorna Heights Subdivision, recorded in the Office of the Butte County Recorder, in Book 43 of Maps, pages 61 and 62 for AP 47-35-05 and AP 47-35-03. Action requested: 5ET PUBLIC HEARING FOR NOVEMBER 22, 19$3, AT 10:00 A.M. 31. Robert M. Huskey, on behalf of Michael Pierce, appeals the Advisory Agency's denial of a tentative parcel map (item on which a mitigated negative declaration of envi- ronmental impact has been recommended), AP 28-17-86, creating four parcels southeast of Stoney Oaks Boulevard, Swedes Flat area. Action requested: SET PUBLIC HEARING DATE FOR NOVEMBER 1, 1983, AT 10:00 A.M. 32. Robert M. Huskey - on behalf of Ted Runge, appeals the Advisory Agency`s denial of a tentative parcel map (item an which a mitigated negative declaration of environmental Page 225 October 18, 1983 October 18, 1983 impact has been recommended), AP 61-08-145, creating four parcels an the south side of Bald Rock Road at Green Cedar way, Bald Rock area. Action requested: SET PUBLIC HEARING DATE FOR NOVEMBER 1, 1983, AT 10:15 A.M. 33. Robert M. Huskey - on behalf of Nelson Gelardi, appeals the Advisory Agency's requirement for an environmental impact report for a tentative parcel map, AP 62-39-03, three parcels on the west side of Oro Quincy Highway, northeast of the intersection of Oro Quincy Highway and Seminole Drive, Berry Creek area. Action requested: SET PUBLIC HEARING DATE FOR NOVEMBER 1, 1983, AT 10:30 A.M. 34. Hamby Surveying, Inc. - on behalf of Michael L. Ferguson, appeals conditions 9 and 11 as stated on the conditions of approval for a tentative parcel map (item on which a negative declaration of environmental impact has been adopted), AP 55-25-115, creating two parcels at the inter- section of Round Valley Ranch Road and Mariah Mesa Court, Paradise area. Action requested: SET PUBLIC HEARING DATE FOR NOVEMBER 1, 1983, AT 11:15 A.M. 35. Hamby Surveying, Inc. - an behalf of Dr. Jerome Niswonger, appeals conditions 8 and 15 as stated on the conditions of approval for a tentative parcel map (item on which a nega- tive declaration of environmental impact has been adopted), AP 55-25-116, creating three parcels on Mariah Mesa, east of Round Valley Ranch Road, Paradise area. Action requested: SET PUBLIC HEARING DATE FOR NOVEMBER 1, 1983, AT 11:15 A.M. 36. Claude or Virginia Mathis - request for variance to $19-10 and/or X19-12 of the Butte County Code for placement of a mobile home an AP 25-22-22, Box 206 Stimpson Road, Oroville area; zoning: A-5. Action requested: SET PUBLIC HEARING DATE FOR NOVEMBER 8, 1983, AT 10:00 A.M. 37. Edward L. McLaughlin - appeals the Planning Commission's denial of a variance to minimum lot size in an SR-1 (suburban residential - once acre parcels) zone, item on which a negative declaration concerning environmental impact has been recommended, AP 40-20-65 and 33, property located on the east side of Stanford Lane, approximately Page 226 October 18, 1983 October 18, 1983 1,200 feet south o£ Durham-Dayton Highway, Durham. Action requested: SET PUBLTC HEARTNG DATE FOR NOVEMBER 8, 1983, _._ AT 10:00 A.M. 38. R.F.C. Surveyors _ on behalf of Carl Martellaro, appeals the Advisory Agency's denial of a tentative parcel map (item on which a negative declaration of environmental impact has been recommended), AP 46-71=28, creating three parcels, one at 5.1 acres +, one at 6.2 acres + and one at 8.7 acres +, located onBatt Road, approximately 200 feet west of A-1 Road, Forest Ranch area. Action requested: SET PUBLTC HEARTNG DATE FOR NOVEMBER 8, 1983, AT 10:30 A.M. 39. Geddis, Christofferson and Lenhardt - on behalf of Cindy's Northern, appeals conditions 8 and 23 as stated on the conditions of approval for a tentative subdivision map (item on which an environmental impact report has been certified}, AP 36-19-11 and 12, AP 36-21-09, AP 3~-22-111 and 112 and AP 36-46-29, creating 297 lots on property located south of Oro-Bangor Highway and east of Lower Wyandotte Road, Oroville area. Action requested: SET PUBLIC HEARING DATE FOR NOVEMBER 8, 19$3, AT 11:15 A.M, 40, Board of Supervisors - Code amendment, A-2 to be limiting residential densities in the district to those density ranges specific in the Butte County General Plan. Action requested: SET PUBLIC HEARING DATE FOR NOVEMBER 8, 1983, AT 11:30 A.M. 41. Stanley Pittman - submits resignation as Assessment Appeals Board Hearing Officer, Action requested: ACCEPT RESIGNA- TION, AUTHORIZE LETTER OF APPRECIATION AND DIRECT POSTING OF VACANC°. 42. Appointment of Herbert PerEcins and Lester Hart to the Gridley Memorail Heall Committee to serve until October 18, 1984. Action requested: MAKE APPOINTMENTS. 43. Appointment of Sydney Thomas, M.D. and Paul Karlstrom to the Northern California Health Systems Agency to serve until September 1986. Action requested: MAKE APPOINTMENTS. Page 227 October 18, 1983 October 18, 1983 44, Appointment of Dorothy V. Howard, Melanie Stuart and Buddy McMillan to the Butte County Health Planning Council to serve until December 19$6. Action requested: MAKE APPOINTMENTS. 45. Ordinance amending Chapter 20 of the Butte County Code providing for an Amended Subdivision Ordinance. Action requested: WAIVE THE SECOND READING AND ADOPT ORDINANCE 2376. 46. County Service Area No. 87 (Keefer Road/Rock Creek Drainage) - resolution appropriating $790 to be disbursed from the County Service Area Loan Revolving Fund to be repaid in 1984-85. Action requested: ADOPT RESOLUTION N0. 83-162 AND AUTHORIZE THE CHAIR TO SIGN. 47. Community Action Agency - Amendment Na. 1 to the Community Services Biock Grant Basic Grant to allow for program expansion in order to add a Volunteer Bureau, expand the Paradise Center, establish a center in Chico, and to supplement a rural transportation service. Action re- quested: APPROVE AMENDMENT TO CONTRACT #8300-004 AND AUTHORIZE THE CHAIR TO SIGN. 48. Community Action Agency - Emergency Food Bank expansion grant in the amount of $24,000 awarded by the State Office of Economic Opportunity for continuation and expansion of the Emergency Food distribution efforts. Action requested: ACCEPT GRANT #83-812-1006 AND AUTHORIZE THE COUNTY TO ADVANCE FUNDING PENDING RECEIPT OF ADVANCE FUNDS FROM THE STATE. 49. Community Action Agency - Amendment 3 to the LIHEAP con- tract for weatherization of low income homes, extending the existing contract from September 30, 1983, to December 31, 1983, and increasing funding from $154,500 to $254,500 to allow for an additional 100 low income homes being weatherized. Action requested: ACCEPT AMENDMENT NO. # TO CONTRACT N0, 8300-005 AND AUTHORIZE CHAIR TO SIGN. Page 228 October 18, 1983 October 18, 1983 50. Butte County Maternal, Child and Adolescent covering 1984-85, 1985-86 and 1986-87 fisca been prepared according to state guidelines a basic continuation of existing services. APPROVE SUBMISSION OF PLAN TO THE STATE AND CHAIR TO SIGN THE PLAN. Health Plan L years has and proposes Action requested: AUTHORIZE THE 51. 1983-84 County Health Services Plan and budget - prepared in accordance with the Welfare and Institutions Code where the county will be awarded a maximum allaccatian of $1,220,660 to cover a portion of the anticipated costs of county health services in the fiscal year. Action requested: APPROVE THE COUNTY HEALTH SERVICES PLAN AND BUDGET, AUTHORIZE THE CHAIR TO SIGN THE CERTIFICATION OF THE PLAN AND BUDGET, AND AUTHORIZE THE DIRECTOR OF HEALTH SERVICES TO SUBMIT THE PLAN AND BUDGET ON BEHALF OF THE COUNT°. MOTION: TO APPROVE THE CONSENT AGENDA EKCEPT FOR PREVIOUSLY DELETED ITEMS. S M VOTE- l Y 2 V 3 Y 4 Y 5 Y (Unanimously carried} 83-831 Fish and Game (129) motorcycle as motorcycle at FISH AND GAME BOARD: I.E., ' RESTOCKING,) Commission - purchase of motocycles - three wheel approved in the budget and a used 1981 250cc a cost of $2,500 plus tax. (RE-REFERRED TO THE COMMISSION TO REQUEST INPUT ON CONCERNS OF THE WHETHER OR NOT THIS MONEY SHOULD BE USED FOR 83-832 Appointment of Karen Vercruse as the Distirct 3 representative (345} to the Butte County Planning Commission. Action requested: APPOINT KAREN VERCRUSE TO THE'~BUTTE COUNTY PLANNING COMMISSION TO SERVE UNTIL DECEMBER 31, 1986. MOTION: I WOULD MOVE FOR THE APPOINTMENT OF KAREN VERCRUSE AS THE REPRESENTATIVE FROM DISTRICT 3, ACCEPTING THE RESIGNATION OF MR. BENNETT. Page 229 October 18, 1983 October l8, 1983 M S VOTE: l Y 2 ~' 3 Y 4 N 5 V {Motion carried) 83-833 Appointment of Maxine Mendonsa to the Oroville Cemetery Dist- (604) rict Board of Directors to serve until ,7anuary 1987. (CONTINUED TO NOVEMBER 1, 1983} CLOSED SESSION: The Board recessed at 9:25 a.m. for a closed session on personnel. RECONVENE: The Board reconvened at 9:55 a.m. following a closed session on personnel. {NO ANNOUNCEMENTS) RECESS: 9:55 a.m. RECONVENE: 10:06 a.m. Public Hearings ar~d Timed Items 83-834 Renaming of private road - Dix Mine Road {Doe Mill Road to (533) end} to Kolar Road where the residents have requested the name change. {CONTINUED OPEN TO OCTOBER 25, 1983, AT 10:00 A.M.) 83-835 County Service Area No. 35 (North Chico Fire Hydrants) - (769) public hearing relative to dissolution of service area. MOTION: I WOULD MOVE FOR THE ACTION REQUESTED, ADOPTING RESOLUTION 83-163. M S VOTE: 1 V 2 v 3 v 4 `_' 5 `~ (Unanimously carried) 83-836 M and H #2 -- proposed negative declaration regarding (840} environmental impact and rezone from A-2 (general} and Page 230 October l8, 1983 October 18, 1983 C-2 (general commercial} to PA-C (planned area cluster} located on Wyandotte Miners Ranch Road, approximately 600 feet south of Olive Highway identified as AP 72--05-09, Oroville. MOTION: T WOULD MOVE AND FTND THAT THE REQUIREMENTS OF CEQA HAVE BEEN COMPLETED AND CONSIDERED IN MAKING THIS DECISION, AND ADOPT THE NEGATIVE DECLARATION; FTND THAT THE PROPOSED REZONE CONFORMS TO THE POLICIES, INCLUDING THE TEXT AND MAP OF THE BUTTE COUNT' GENERAL PLAN; AND ADOPT ORDINANCE 2377 FOR THE REZONING OF 1.14 ACRES, MORE OR LESS, TO C-2 AND 3.4 ACRES, MORE OR LESS, TO PA-C, ON A PORTION OF AP 72-05-09 (M & H NO. 2} SUBJECT TO THE CONDITIONS 1 THROUGH 18 AS LISTED ON THE MEMO FROM PLANNING DATED OCTOBER 12, 1983. M S VOTE: l Y 2 ~ 3 Y 4° 5 V (Unanimously carried} Regular Agenda 83-837 Rolls, Anderson & Rolls - on behalf of Camino Real Subdivision, (946) appeals the Advisory Agency's dental of a request for an ex- tension of time to file the final map for the subdivision, AP 44-37-06, (CONTINUED TO OCTOBER 25, 1983} 83-838 John E. McAmis - files a late conditional appeal to a tentative (958} parcel map (item on which a negative declaration of environ- mental impact has been adopted}, appealing condition 11 as stated on the conditions of approval which reads, "meet the requirements of the Butte County Fire Department," AP 40-40-36 and 37, creating six parcels on the northeasterly side of Southgate Lane, Chico area. (CONTINUED TO OCTOBER 25, 1983} 83-839 Report from Chief Administrative Officer on the Intergovern- {972} mental Relations Committee meeting of October 13, 1983. Page 231 October 18, 1983 October 18, 1983 (CHIEF ADMINISTRATIVE OFFICER RECOMMENDED THAT THE BOARD AUTHORIZE HIM TO WORK WITH PUBLIC WORKS DIRECTOR AND CTT° OFFICIALS TO DETERMINE WHAT OPTIONS THE BOARD MAv HAVE IF IT WISHES TO CONSIDER THE INSTALLATION OF SEWERS FOR THE NORTHEAST CHTCO AREA, AND AUTHORIZE HIM TO WORK WITH CITY AND SCHOOL DISTRICT OFFICIALS TO DETERMINE THE OPERATIONAL DETAILS OF THE SCHOOL FEE PROPOSAL) MOTION: TO APPROVE THE ACTION AS RECOMMENDED Bu THE CHIEF ADMINISTRATIVE OFFICER AND ADDING THAT THE INFORMA- TION BE PROVIDED TO THE PLANNING COMMISSION FOR ADVICE ON THESE ISSUES. M S VOTE: 1° 2 '~ 3° 4 V 5 V (Unanimously carried) 83-040 Selection of Butte County CSAC Board of Director member far (1065) 1984. MOTION: T WOULD NOMINATE SUPERVISOR SARACENI TO BE OUR DIRECTOR FOR THIS NEXT FEAR. M S VOTE: 1 V 2 V 3 Y 4~ 5 V {Unanimously carried) 83-841 Report from the Chief Administrative Officer an appointments (1178) to the Private Industry Council. (BOARD DESIGNATED THE CHAIR, VICE-CHAIR, AND THE ADMINISTRATIVE OFFICER TO REQUEST THAT P.I.C. ALSO DESIGNATE REPRESENTATIVES TO SEE IF THERE TS A RESOLUTION TO THIS ISSUE OF EXPANDING THE P.I.C.) 83-842 Consideration of resolution creating the Butte County irlater {1234) Commission. MOTION: I WOULD MOVE FOR THE ADOPTION OF RESOLUTION $3-164 AND AUTHORIZE THE CHAIR TO SIGN. M S VOTE: l Y 2 V 3 v 4 V 5 Y {Unanimously carried) Page 232 October 18, 1983 October 18, 1983 83-843 Appointments to the Butte County Water Commission. (NAMES (1269) PUT IN NOMINATION AND APPROVED WERE JEAN PRATT FROM DISTRICT 4 AND PHIL KELLv FROM DTSTRICT 5. SUPERVTSOR WHEELER INDICATED SHE INTENDED TO NOMINATE CHARLES RANDOLPH, AFTER DISCUSSING IT WITH HTM) 83-844 Report from the Chief Administrative Officer concerning law (1332) enforcement services invoice to Louisiana Pacific Corporation. (POTNT HA5 BEEN MADE, BUT BOARD WILL NOT PURSUE COLLECTION OF THESE INVOICES.) Public Hearings and Timed Items 83-845~a Signal Home Loans - proposed negative declaration regarding (1576), environmental impact and appeal of the Planning Commission's denial of a variance to minimum lot size to a11ow a 7,300 squire foot corner lot on property zoned A-2 (general) located on the southwest corner of Poplar Avenue and Sweem Street, Thermalito, AP 30-08-44. (CONTINUED TO NOVEMBER 15, 1983, AT 10:30 A.M.) Regular Agenda 83-846 Consideration of City of Chico request and Board of Supervisors (1573) reponse concerning an amendment to the Butte County Transit Agreement which would allow the issuance of free ride passes to persons being released from jail to return to their homes within Butte County. MOTION: TO APPROVE SENDING LETTER TO CIT'~ OF CHICO RESPECT- FULL~?' DECLINING THIS PROPOSAL. M S VOTE: l v 2 v 3 Y 4 '~ 5° (Unanimously carried) $3-847 Report from the Land Development Commission concerning the (1635) Housing Element of the General Plan, the Comprehensive Zoning Page 233 October 18, 1983 October 18, 1983 Ordinance No. 1750 and the Subdivision Ordinance, Butte County Code Chapter 20 which is presently under adoption as revised. (CONTINUED TO NOVEMBER 1, 1983, TO ALLOW INPUT FROM THE PLANNING DIRECTOR) 83-848 Report from the Land Development Commission recommending change (1698) to the proposed ordinance amending X24-126 planned unit development zone (formerly PA-C zone). (REFERRED TO THE PLANNING COMMTSSTON FOR THEIR INPUT WHEN THE° HAVE THE HEARING ON CHANGING PA-C TO PUD) 83-849 Report to the Board of Supervisors from Land Development (175&) Commission concerning statement of conditions relating to curb, gutter and/or sidewalk. (Consideration of Donald Blake request to waive curb, gutter and sidewalk requirements has been continued to November 1, 1983, at 10:45 a.m.) MOTION: I WOULD MOVE THAT ROAD STANDARDS RS-2 SETS FORTH ONL° THE ROAD IMPROVEMENT WITHIN THE PAVED AREA. IF CURB AND GUTTER OR CURB, GUTTER AND SIDEWALK ARE TO BE REQUIRED, THAT SHOULD BE SET FORTH AS A SEPARATE CONDITION. M D VOTE: 1° 2 v 3 ~' 4 y 5 Y (Unanimously carried} 83-850- Communications (1850) 1. Sanford N. and Ella M. McLaughlin, Chico - write com- mending dim Schultz and his crew of the Public Works Department for their efforts in maintenance improvements of Lindo Channel. (PUBLIC WORKS TO RECEIVE COPY OF LETTER) 2. W. T. Burch, et al, Forest Ranch - requests the Board to rehear the matter of Douglas Starr`s hearing of September 13, 1983, relative to his appeal for a requirement of environmental impact report. (NO COMMENT BECAUSE OF PENDING LITIGATION) Page 234 October 18, 1983 October 18, 1983 3. Mrs. Gerald Dion, Chico - writes supporting the Midway Orchards proposal to withdraw from the Land Conservation Act. (Hearing scheduled for October 25, 1983) 4. Leroy M. Krueger, et al, Chico - requests that the Board consider removing their property and all other parcels in the Alamo Avenue, Bell Road, Nord Avenue study group out of the "Greenline" area. (PERTAINS TO AFTERNOON HEARING) 5. Butte County Agricultural Advisory Commission - recommends that the Board send a letter to the State Department of Conservation requesting Butte County be considered for a soils survey and to ascertain there would be no cost to the county for the service. MOTION: TO SEND A LETTER TO THE DEPARTMENT OF CONSERVATION ASKING FOR A SOILS SURVEY AT NO COST TO THE COUNT?. M S VOTE: l Y 2 v 3 V 4° 5 Y (Unanimously carried) 6. Butte County Airport Land Use Commission -- forwards their findings pursuant to the Public Utilities Code that the General Plan is not consistent with the Chico Airport Environs Plan for stated reasons. (INFORMATION) 7. Chico Unified School District - Don A. Cloud, associate superintendent, asks that the Board provide input relative to the finding of waiving an environmental impact report on the Douglas Starr matter. (NO COMMENT BECAUSE OF PENDING LITIGATION.} 8. City of Chica - Thomas J. Lando, planning director, sends notification that the Chico Redevelopment Agency and Chico City Council will hold a public hearing on November 15 to consider proceedings for the adoption of Amendment No. 1 to the Southeast Chico Redevelopment Project Area. (INFORMATION) 9. City of Chico - Mayor Karl E. Ory writes concerning urban development around Chico and specifically the Ravenwood development in the northeast Chico area. (REFER TO INTER- GOVERNMENTAL RELATIONS COMMITTEE AND MR. NICHOLS} Page 235 October 18, 1983 October 18, 1983 10. Walter L. Johnston, Chico -- submits an additional request asking that the Board refund $269 for fees paid for his candidate statement in the last primary election. (INFORMATION - FOR POSSIBLE ACTION AT A LATER DATE) 11. Kenneth L. McFadden, Vuba City - forwards information relative to the assessment levied on his sailboat. (TNFORMATION} 12. Butte County Farm Bureau - forwards an informational copy of a letter sent to the Grand Jury requesting that the Private Industry Council be investigated relative to membership. (INFORMATION) 13. Senator Ray Johnson -~ submits information with regard to Senate Bill 270 (Dills} relative to air pollution. (INFORMATION) 14. State Department of Fish and Game - forwards a copy of its response to the Butte County Mosquito Abatement District's complaint and accusation of inappropriate regulations and abuse of discretion. (INFORMATION) 15. State of California - the Governor's Office forwards information requesting the Board consider proclaiming the week of October 24-28 as California's Safe Schaals Week. MOTTON: MOVE FOR THE ADOPTION OF RESOLUTION 83--165 PROCLAIMING OCTOBER 24 - 28 AS CALIFORNIA'S SAFE SCHOOLS WEEK. S M VOTE: i 2 ~ 3 V 4 V 5° (Unanimously carried) 16. State Department of Veterans Affairs - write requesting the Board issue a proclamation declaring November 1983 as Veterans Unity Month - a Salute to Women Veterans. MOTION: MOVE FOR THE ADOPTION OF RESOLUTION 83-166 PROCLAIMING THE MONTH OF NOVEMBER VETERAN UNITY MONTH - A SALUTE TO WOMEN VETERANS. S M VOTE: 1 ~ 2 Y 3 V 4 v 5 Y (Unanimously carried) Page 236 October 18, 1983 October 18, 1983 17. State Division of Water Rights - writes forwarding infor- mation concerning the proposed annexation of lands around Concow Reservoir and an investigation they are undertaking. .(The Board will be asked to set a public hearing in the near future as the conducting authority to hear the annexation.) (INFORMATION) 18. United States Department of Agriculture - Farest Service - Zane G. Smith, Jr., regional forester, writes indicating that Butte County's comments to the draft environmental impact statement for vegetation management for reforestation for the Pacific Southwest Region were received after the August 31, 1983, closing date. (INFORMATION) RECESS: 10:55 a,m. RECONVENE: 11:13 a.m. Public Hearings-and Tied Items 83-851 Veima Pritchett - appeal of the Planning Commission's denial (2342) of a variance {item determined to be categorically exempt from environmental review) to allow a carport 43 feet from the centerline of Oro Quincy Road, on property zoned A-2 (general) located on the west side o£ Oro Quincy Road, approximately one mile south of Bald Rock Road, identified as AP 62-09-62, Berry Creek. MOTION: IN THIS PARTICULAR CASE, BECAUSE OF THE SPECIAL CIR- CUMSTANCES TO THE PROPERTY INCLUDING SIZE, SHAPE AND TOPOGRAPHY, LOCATION AND THE SURROUNDINGS INCLUDING THE LOCATION OF THE CREED, THE STRICT APPLICATION OF THIS CHAPTER DEPRIVES SUCH PROPERTY OF PRIVILEGES ENJOYED BY OTHER PROPERTY IN THE VICINITY AND UNDER THE IDENTIFIED ZONING CLASSTFTCATION, AND I WOULD FIND THAT THE PROJECT IS CATEGORICALLY EXEMPT FROM ENVIRON- MENTAL REVIEW AND FIND THAT THIS PROJECT MEETS THE REQUIREMENTS OF BUTTE COUNTY CODE SECTION 24-49 AND CALIFORNIA GOVERNMENT CODE SECTION 56906 AND APPROVE A VARIANCE TO ALLOW THE CONSTRUCTION OF A CARPORT Page 237 Octaber 18, 1983 October 18, 1983 43 FEET FROM THE CENTERLINE OF ORO QUINCY ROAD AS SHOWN ON SITE PLAN AP 62-09-62, PRITCHETT MAP, SUBJECT TO THE FOLLOWING CONDITIONS: 1. OBTAIN PERMITS FROM BUTTE COUNTv BUILDING DEPARTMENT. 2. APPLICANT MUST ALSO COMPLY WITH ALL STATE AND LOCAL STATUTES AND ORDINANCES AND REGULATIONS. M S VOTE: 1° 2 N 3 `t 4 Y 5 N (Motion carried) 83-852. Presentation by Patricia A. Lang, executive director, Butte (2718) County United Way, requested Board authorization to make payroll deductions and distribute United Way literature with payroll checks. MOTION: T MOVE FOR THE ACTION REQUESTED AND COMMEND MS. LONG IN THE ACTIVITIES OF UNITED WAY IN OUR COUNTY. M S VOTE: l Y 2 Y 3 Y 4 N 5 Y (Motion carried) 83-853 Recognition of Nancy Lueder, organizer of the Band Festivo; (3048) and Jill Evans, Sandy Leinbaugh and Gina Neilson, guest ~~ observers in conjunction with National Business Week. 83-85~ Recognition of persons wishing to speak: (72) 1. Colonel. Elarth, California Veterans Squaredance Association requesting a member and alternate from that organization to be on the Paradise Memorial Hall Committee. (MR. NICHOLS TO ADVISE ON PROPER PROCEDURE) 2. James Hansen - regarding the voting power of veterans and their spouses. Page 238 October 18, 1983 October 18, 1983 3. William Burch - regarding the status of scheduled hearing Thursday night at the Planning Commission regarding the matter of Douglas Starr. (REZONE CAN BE HEARD) 4. Ivan Cunningham - regarding the history of the zoning of the Forest Ranch area, and problems which prevail. 5. Jan Ramorey - regarding the concerns of mothers in the Forest Ranch area concerning the traffic and potable water in the school. 6. Mrs. Walter E. Nelson - regarding the septic tank problems in the Forest Ranch area, 7. Jack Schmidt - regarding concerns for human well-being because of the water situation. 8. Glenn Miller W regarding the draining of Lake Concow. 9. Frank Brazzell - regarding the proper drilling and sealing of water wells. (WELL DRILLING STANDARDS REFERRED TO ENVIRONMENTAL HEALTH) RECESS: 12:24 p.m. RECONVENE: 1:39 p.m. 83-855 Butte County Board of Supervisors - consideration of an amend- (1b32) meat to the Land Use Element of the Butte County General Plan pursuant to Government Code X55356.1 The proposed amendment is to revise zoning policies applicable to the Chico Area Land Use Plan, specifically. ~G {page 73 of the LUE), items a) 1). Butte County Board of Supervisors - amendment to the Chico Area Land Use Plan Greenline Policy - Study Area No. 1 for the ~*~ Bell Muir area - File 83-87. (PUBLIC HEARING TO BE CONTINUED TO NOVEMBER 22, 1983, AT 7:30 IN CHICO - LOCATTON TO BE DETERMINED LATER. RESIDENTS WILL BE NOTIFIED PRIOR TO THE HEARING. Page 239 October 18, 1983 October 18, 1983 83-856 Additional items from Board members: (164) (SUPERVISOR WHEELER ABSENT AT THTS TTME) 1. Request from Thermalito Drainage Committee to rescind Resolution 81-84. - Supervisor Moseley. MOTION: I WOULD MOVE THAT WE MAKE APPLTCATTON TO LAFCO TO REMOVE THE POWER OF STORM DRAIN MAINTENANCE FROM COUNT° SERVICE AREA 26, ADOPTING RESOLUTION 83-15bA. S M VOTE: 1° 2 y 3 A 4 Y 5 '~ (Motion carried) (SUPERVISOR WHEELER PRESENT AT THTS TTME) 2. Report to the Board regarding meetings regarding water and water policy adopted by Northern Supervisors Association. - Supervisor Wheeler. MOTION: TO ADOPT RESOLUTION 83-167, ADOFTING THE STATEMENT. S M VOTE: ~. v 2 v 3 V 4 V 5 V (Unanimously carried) CLDSED SESSION: The Board recessed at 2:28 p.m. for a closed session. RECONVENE: The Board reconvened at 3:28 p.m. following a closed session litigation and personnel. (NO ANNOUNCEMENTS) ADJOURNMENT: There being nothing further before the Board at this time the meeting was adjourned at 3:29 p.m. ATTEST: '~ Cha r, Board of Supervisors MA T N J NI OL e A in i e 0 icer n, o i ar o Supervisors age 24ff October 18, 1983