HomeMy WebLinkAboutM102583October 25, 1983
Call to order - The Board of Supervisors Room, County Adminis-
tration Center, 25 County Center Drive, Oroville.
Present: Supervisors Fulton, Moseley, Saraceni, Wheeler and
Chair Dolan; Martin J. Nichols, chief administrative officer;
Del Siemsen, county counsel; and Rubye Townsley, deputy clerk
of the Board.
Pledge of allegiance to the Flag of the United States of
America.
Invocation - Supervisor Moseley
83-857 Items removed from the consent agenda for separate consideration:
(48)
1. Purchase of CADS 1900 data entry configuration - the pre-
sent lease with the Sperry Corporation expires October 31,
1983, and a recommendation is being forwarded asking for
the purchase of the current system at a cost of $22,430,
including tax. Budget transfer B-44 has been prepared to
provide the necessary appropriation.
83-858- Consent Agenda
(63)
1. Approvai. of minutes - October 18, 1983. Action requested:
APPROVE MINUTES.
2. Budget transfers. Action requested: APPROVE BUDGET
TRANSFERS B-40, B-41, B-42, 8-43 and B-44.
Page 241
October 25, 1983
October 25, 1983
3. J. C. and Dorothy Keck - request for variance to X19-10
and/or X19-12 of the Butte County Cade far placement of
a mobile home on AP 28-05-23, Route 2, Box 2700A, Oroville;
street location - Middle Honcut Road area; zoning: A-2.
Action requested: SET PUBLIC HEARING FOR NOVEMBER 15, 1983,
AT 10:00 A.M.
4. Lavada NicGough - request for variance to X19-10 and/or
§19-12 of the Butte County Code for placement of a mobile
home on AP 26-27-008, 7855 Irwin Avenue, Palermo area;
zoning: A-2. Action requested: SET PUBLIC HEARING FOR
NOVEMBER 15, 1983, AT 10:00 A.M.
5. Willis D. Harris -- abandonment of a public utilities
easement, Kelly Ridge Estates, Unit 2B, Lot 99, located
south of Blue Oak Court, Belly Ridge area, identified as
AP 69-07-37, Oroville. Action requested: ADOPT
RESOLUTION 83-158 SETTING PUBLIC HEARING DATE FOR
NOVEMBER 15, 1983, AT 10:00 A.M.
6. Delevan S. Lisle -- abandonment of light and air easement,
Lindo West Subdivision, Lot 20, located on the west side
of Dixon Street, approximately 850 feet south of Lindo
Avenue, identified as AP 43-40-20, Chico. Action
requested: ADOPT RESOLUTION 83-169 SETTING PUBLIC HEARING
DATE FOR NOVEMBER 15, 1983, AT 10:00 A.M.
7. County Service Area No. 89 - Rock Creek Nord Area Drainage.
The Board of Supervisors initiated the formation of County
Service Area No. 89 by Resolution No. 83-137. The Butte
County Local Agency Formation Commission authorized the
Board to hold the formation hearing at their September 1,
1983 meeting. Action requested; ADOPT RESOLTUION $3-170
SETTING PUBLIC HEARING DATE FOR NOVEMBER 29, 1983, AT
10;00 A.M.
8. Robert E. Adams -renewal'.of variance to X19-10 and/or
X19-12 of the Butte County Code for placement of a mobile
home on AP 27-15-18, 3565 Grubbs Road, Oroville area;
zoning: A--5. Action requested: APPROVE VARIANCE RENEWAL.
9. James Kent - renewal of variance to X19-10 and/or X19-12
of the Butte County Code for placement of a mobile home
on AP 44-28-20, Route 1, Box 475C, Chico area; zoning: A-2.
Action requested: APPROVE VARIANCE RENEWAL.
Page 242
October 25, 1983
October 25, 1983
10. Richard Milatz - renewal of variance to §19-10 and/or
X19-I2 of the Butte County Code for placement of a mobile
--.- home on AF 65-09-06, 6-275 Heritage Woods Lane, Magalia;
zoning: TM-5. Action requested: APPROVE VARIANCE RENEWAL
11. Edgar C. Norwood - renewal of variance to X19-10 and/or
X19-12 of the Butte County Code for placement of a mobile
home on AP 28--13-24, Pleasant Grove Lane, Bangor area;
zoning: A-5. Action requested: APPROVE VARIANCE RENEWAL.
i2. 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 SECOND READING AND ADOPT ORDINANCE 2378.
13. Resolution - apportionment accepting in full 1983-84
fiscal year federal aid secondary funds, $355,286 and state
highway matching funds, $100,000. Action requested:
ADOPT RESOLUTION 83-171 AND AUTHORIZE THE CHAIR TO SIGN.
14. B.H.I. accelerated rate request - case 045-51881 at a
monthly rate of $901 ($840 board and care and $61 personal
and incidental expenses}. Action requested: APPROVE NEW
RATE OF $901.
15. Resolution rescinding Resolution. 78-6 relating to the
County Clerk invoicing candidates submitting statement of
qualifications and authorizing County Clerk to collect
deposit therefor. Action requested: ADOPT RESOLUTION
83-172 AND DIRECT COUNT° COUNSEL TO PREPARE A RESOLUTION
RECOGNIZING INDIGENC"i' STATUS OF CANDIDATES.
16. Fish and Game Commission - purchase of motorcycles -
three wheel motorcycle as approved in the budget and a
250cc motorcycle at a cast of $2,500 plus tax. Action
requested: AUTHORIZE PURCHASES.
17. 1983-84 cooperative agreement between the California
Department of Forestry and the county far fire protection
services in an amount not to exceed $2,043,923. Action
requested: APPROVE CONTRACT AND AUTHORIZE THE CHAIR TO
SIGN.
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October 25, 1983
October 25, 1983
18. Webb Homes - appeal of the Advisory Agency's Conditions
5 and 9 on the Rosewood Tentative Subdivision, AP 42-03-58
and 59, nine lots, property located 600 feet southeast of
Bell Road an the southwest side of Cussick Avenue, Chico
area. Action requested: SET PUBLIC HEARTNG DATE FOR
NOVEMBER 15, 19$3, AT 10:30 A.M.
l9. Michael Heath. and Thomas Stevens - appeal the Advisory
Agency's approval of the Richard P. Kelso Tentative Sub-
division Map (item on which a mitigated negative declara--
tion has been recommended), AP 36-06-28 and 117, 654 lots,
property located 1900 feet east of La Mirada on the north-
east side of Mt. Ida Road, Oroville area. Action requested:
SET PUBLIC HEARTNG DATE FOR NOVEMBER 15, 1983, AT 11:1.5 A.M.
20. Butte County Library Trust - in accordance with Government
Code X25355 accept $500 donation from the Chico Friends
of the Butte County Library and $430 from the Paradise
Friends of the Library. Action requested: ACCEPT DONATION.
MOTION: TO APPROVE THE CONSENT AGENDA EXCEPT FOR PREVIOUSLY
DELETED ITEM.
M S
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
83-859 Purchase of CADS 1900 data entry configuration - the present
(75) lease with the Sperry Corporation expires October 31, 1983,
and a recommendation is being forwarded asking for the purchase
of the current system at a cast of $22,430, including tax.
Budget transfer B-44 has been prepared to provide the necessary
appropriation. Action requested: AUTHORIZE ACQUISITION.
MOTION: I WOULD MOVE TO ACCEPT THE PROPOSAL FROM STAFF AND
COMMENT THAT THIS WAS AN OUTSTANDING PRESENTATION.
M
VOTE : 1 Y 2 Y 3 s_' 4 Y
Page 24 4
S
5 Y (Unanimously carried)
October 25, 1983
October 25, 1983
Regular Agenda
83-86~ Appointments to the Butte County Water Commission.
{119)
MOTION: I WOULD MOVE TO APPOINT JEAN PRATT, PHIL KELLY AND
CHARLES RANDOLPH TO THE BUTTE COUNTY WATER
COMMISSION.
S M
VOTE: I Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
83-861 Request of the Public works Department for Board policy
(174) direction relating to the issuance of building permits.
(REFERRED TO ADMINISTRATIVE OFFICE STAFF TO MEET WITH MR.
GLANDER AND MR. CHEFF TO PROVIDE THE BOARD WITH MORE
INFORMATION AS TO THE PROS OF CONS OF ZONE DETERMINATION
AT THE TIME OF APPLICATION OR AT THE TIME OF ISSUANCE.)
Communications
84--86'2 1. Gerald A. Louie - submits his resignation as a member
(263) of the Privatelndustry Council. (REFERRED TO THE ADMINI-
STRATIVE OFFICE TO DETERMINE WHAT THE LAW REQUIRES IN
FILLING VACANCIES)
2. Blade & Leclerc - attorneys at law - the attorneys, on
behalf of Mr. and Mrs. Patrick F, McCormic, submit informa-
tion and a request for the Board to authorize the McCormics
to have access across the one foot wide strip of land
awned by the county on Plumas Avenue to allow access for
AP 30-037-26.
MOTION: BASED ON THE INFORMATION GIVEN TODAY, TO GRANT
PERMISSION TO THE McCORMICS TO CROSS THE 1 FT.
NO ACCESS STRIP, MAKING NO DETERMINATION AS TO THE
LEGALITY OR ILLEGALITY OF THIS AND OTHER PARCELS IN
THE VICINITY.
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
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October 25, 1983
October 25, 1983
3. State Fish and Game Commission - writes requesting a
summary of the Board's policy relating to deer habitat
protection with direct reference to the county's General
Plan. (REFERRED TO THE DEER HERD STUDY COMMITTEE,)
RECESS: 9:35 A.M.
RECONVENE: 9:55 A,M,
83-863 Presentation of resolution of appreciation to Dr, Frank Bennett.
(704) (PRESENTATION MADE By SUPERVISOR WHEELER TO DR. BENNETT IN
APPRECIATION FOR HIS ''EARS OF SERVICE ON THE PLANNING
COMMISSION.)
Public Hearings and Timed Items
83-864 David Forsman, Chico - appeal of Planning Commi ssion's denial
(869} of a use permit (item on which a negative decla ration regard-
ing environmental impact has been recommended) to allow the
segregation of a one acre homesite on property zoned A-5
{agricultural five acre parcels} located on the south side
of Rodeo Avenue, 1/4 mile west of Nord Avenue, identified as
AP 42-05-26, Chico, (CONTINUED TO NOVEMBER 8, 19$3, AT
11:45 A.M, TO ALLOW THE BOARD TIME TO REVIEW TH EIR DISCUSSION
ON JUL° 19 RELATIVE TO THEIR INTERPRETATION OF THIS ORDINANCE.
MR. SIEMSON AND/OR MR. STREETER TO PROVIDE THE BOARD WITH A
COPS OF THE MEMO RELATIVE TO LEGISLATION REGARD ING A SECOND
DWELLING UNIT THAT WOULD BE LARGER THAN 640 SQ. FT.}
83-865 Continued hearing - renaming of private road - Dix Mine Road
(1513} {Doe Mill Road to end} to Kolar Road where the residents have
requested the name change.
MOTION: I WOULD MOVE IN FAVOR OF THE NAME CHANGE, ADOPTING
RESOLUTION 83-1'73.
5 M
VOTE: l y 2 3 Y 4 N 5 y {Motion carried)
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October 25, 1983
October 25, 1983
83-86~ Continued hearing - Sperio Benias - appeal of Planning Commis-
{2043) lion's denial of a use permit (item on which a negative
_____ declaration regarding environmental impact has been recommended}
to allow a 27 unit mobile home parfc on property zoned "A-R"
(agricultural residential) located on the west side of Middle-
haff Lane {8th Street), approximately 500 feet south of the
Sacramento Northern Railroad right-of-way, identified as
AP 30-16-35 and 55, Thermalito. (From 9/13/83) {HEARTNG
VACATED AT THE REQUEST OF THE APPELLANT)
Regular Agenda
$3-867 Rolls, Anderson & Rolls - on behalf of Camino Real Subdivision,
(2100) appeals the Advisory Agency's denial of a request far an
extension of time to file the final map for the subdivision,
AP 44-37-06. (From 10/18/83) (CONTTNUED TO LATER TN THE DAV)
83-868 John E. McAmis - files a late conditional appeal to a tentative
(2181) 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. (From 10/18/83)
MOTION: TO MAKE THE FINDINGS THAT BECAUSE THE APPLICANT WAS
MADE AWARE OF THE SPECIFIC CONDITION AFTER THE TEN DA;'
APPEAL PERIOD, THERE ARE GOOD AND SUFFICIENT REASONS
TO HEAR THE LATE APPEAL, THAT IT WOULD NOT CHANGE THE
ENVIRONMENTAL DETERMINATTON AND DOES NOT CONFLICT WITH
THE GENERAL PLAN, AND SET THE PUBLIC HEARTNG DATE FOR
NOVEMBER 22, 19$3, AT 10:30 A.M.
S M
VOTE: 1 ~' 2 V 3 V 4 `~ 5 v (Unanimously carried)
CLOSED SESSION:- The Board recessed at 10:48 a.m. for a closed
session on personnel.
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October 25, 1983
October 25, 1983
83-869 RECONVENE: The Board reconvened at 11:04 a.m. following a
(2346) closed session on personnel. (THE BOARD REVIEWED
THE MEMORANDUM OF UNDERSTANDING WITH THE MANAGE-
MENT UNIT OF THE BUTTE COUNTY LAW ENFORCEMENT OFFICERS
ASSOCIATION, THE SAP~IE~TERMS AS THE ONE PREVIOUSLY
RATIFIED WITH THE GENERAL UNIT. BECAUSE TT TS A
MANAGEMENT UNIT AND NOT PAID FOR OVERTIME, THE
BOARD AGREES TO AN ADDITIONAL ADMINISTRATIVE
LEAVE DAY)
MOTION: TO RATIFY THE M.O.U.
M S
VOTE: I Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried}
Public Hearings and Timed Items
83-870 Robert J. Smith - appeal of Planning Commission's denial of
Chico Congration of Jehovah's Witnesses use permit (item on
which a negative declaration regarding environmental impact
has been recommended} to allow a church on property Zoned
** "L-I" (limited industrial} located on the south side of Entler
Avenue, approximately 400 feet east of Laguna Court, identified
as AP 40-40-26, Chica. {CONTINUED TO LATER IN THE DAY)
83-871. Recognition of persons wishing to speak:
(178)
1. Alex Sarcadi - regarding a. barrier being tarn down on
a private road.
2. Bob Boyden - requesting an endorsement from the Berard of
a proposal of the Barrier Committee to
Conserve Water.
MOTION: TO DIRECT A LETTER TO THE GOVERNOR AND THE RESOURCES
AGENCY AND DEPARTMENT OF WATER RESOURCES SAVING DON'T
BURY THIS, DON'T TABLE IT, STUDY IT. THERE IS A WAY
THAT THE CORP CAN ANALYZE TT AT SAUSALITO.
M S
VOTE: 1 2 3 4 5
Page 248
October 25, 1983
October 25, 1983
MOTION AMENDED: TO SEND A LETTER TO THE GOVERNOR ADVISING HIM
AND THE OTHER AGENCIES THAT THE BOARD OF
SUPERVISORS WOULD SEND A LETTER SAVING THAT
THE BARRIER MAV BE A VIABLE SOLUTION AND ASK
THAT IT BE STUDIED ON THE ARMY CORP OF ENGINEERS
MODEL IN SAUSALITO,
M
VOTE: 1 2 3 4 5
MOTION AMENDED: THAT THE BOARD OF SUPERVISORS HAS BEEN MADE
AWARE OF THE PROPOSAL OF THE CALIFORNIA BARRIER
COMMITTEE TO CONSERVE WATER AND WE ENCOURAGE
THAT ITS VTABILIT~' BE ANALYZED AND THAT WE
WANT TO KNOW WHEN, HOW, AND THE RESULTS.
M S
" VOTE: 1 Y 2 Y 3 Y 4 V 5 V (Unanimously carried)
3. Henry McCall - Thanfcing the Board for rescinding resolution
. 78--6 and inquiring into the status of the
Walter Johnson request for refund,
83-872 Robert J. Smith - appeal of Planning Commission's denial of
Chico Congregation of Jehovah's Witnesses use permit (item on
which a negative declaration regarding environmental impact
has been recommended) to allow a church on property zoned "L-T"
(limited industrial) located on the south side of Entler
Avenue, approximately 400 feet east of Laguna Court, identified
as AP 40-40-26, Chico. (CONTINUED FROM EARLIER IN THE DAY.)
MOTION: I FIND THAT THE REQUIREMENTS OF CEQA HAVE BEEN COMPLETED
AND CONSIDERED IN MAKING THIS DECISION, MOVE TO ADOPT
A NEGATIVE DECLARATION; AND FIND THAT THE PROPOSED
PROJECT MEETS THE REQUIREMENTS OF SECTON 24-47 OF
THE BUTTE COUNTY CODE; AND T WOULD MOVE TO APPROVE
THE USE PERMIT TO ALLOW THE CONSTRUCTION OF A CHURCH
AND RELATED FACILITIES ON ASSESSOR'S PARCEL NO.
40-40-26, CONGREGATION OF JEHOVAH'S WITNESSES, SUBJECT
TO THE FOLLOWING CONDITIONS LISTED ON THE MEMO FROM
THE PLANNING DEPARTMNET, DATED OCTOBER 20, 19$3:
CONDITIONS 1 THROUGH 4; CONDITIONS 6 THROUGH 11,
Page 249
October 25, 1983
October 25, 1983
CHANGING CONDITION ZO TO READ "WIDEN" RATHER THAN
"CONSTRUCT," AND FURTHER DIRECT THAT A "ND THRDUGH
TRUCKS" SIGN BE INSTALLED, AND THAT THE BOARD WILL
COMMUNICATE W I TH THE HI GHGv"A'~' PATROL TO LET THEM KNOW
AND THAT WE WOULD LIKE FOR THAT TO BE ENFORCED.
S M
VOTE: l Y 2 N 3 V 4 Y 5° (Motion carried)
83-873 CLOSED SESSION: The Board recessed at 12:09 p.m. for a closed
(1457) session to conduct a General Assistance
fair hearing - case ~k04-91-24504.
RECONVENE: The Board reconvened at 12:37 p.m. following
a closed session for a fair hearing. (NO
ANNOUNCEMENTS)
RECESS: 12:3$ p.m.
RECONVENE: 1:47 p.m.
83-874 Continued hearing -,Midway Orchards - withdrawal from Califor-
(1471) nia Land Conservation Act (item on which a draft environmental
impact report has been prepared) far 110 acres located on the
east side of the Midway at its intersection with Mary Bi11
Ranch Road, between Entler Avenue and Oroville Chico Highway,
south of Chico, identified as AP 40-02-116 (FROM 8/30/83)
RECESS: 2:09 p.m.
RECONVENE: 2:27 p.m.
(MIDWAY ORCHARDS HEARING CLOSED. CONTINUED TO NOVEMBER 1, 1983)
83-875 Report from Sheriff BraoE~s regarding his department's press
(2899) policy and planning far a new county jail. (WORKSHOP TO BE
*** CONDUCTED NOVEMBER 1, 1983, BETWEEN THE BOARD, CAO, MIKE HARVEY,
STEVE REPLOGLE AND SHERIFF AND HIS STAFF.)
Page 250
October 25, 1983
October 25, 1983
Regular Agenda
83-.8.7.6 Rolls, Anderson & Rolls - on behalf of Camino Real Subdivision,
(773} appeals the Advisory Agency's denial of a request for an
extension of time to file the final map for the subdivision,
AP 44--37-06. (CONTINUED TO NOVEMBER 1, 1983, TO ALLOW TIME
TO DETERMINE WHETHER A SIMILAR ACTION HAS BEEN TAKEN B~_' THE
BOARD . }
CLOSED SESSION: The Board recessed at 3:20 p.m, for a closed
session on personnel.
RECONVENE: The Berard reconvened at 3:55 p.m. fallowing a
closed session on personnel. (NO ANNOUNCEMENTS}
ADJOURNMENT: There being nothing further before the Board at
this time, the meeting was adjourned at 3:59 p.m.
r, Board o~ 5uperv~sors
ATTEST:
MARTIN J. NICHOLS
Chief Administrative Officer
and Clerk of he Board
By:
Page 251
October 25, 1983