HomeMy WebLinkAboutM110982M I N U T' E S
November 9, 1982
ITEM NO.
93
143
•~~i~7, SUp~ +,
• lYl
.. r,
;O~q `~ s~
;* : ~*
+~1 •~~~b~~n~~~~~~~
BOARD OF SUPERVISORS
EQLDA 7VHEELER, 3rd District. CHA[RMAN
AL SARACENI, [st Di~triet
JANE AOLAN, 2nd Diariee
BERTHA M08ELEY. 4th Dbsrict
LEN FULTON. 5th Dl~triet
Call to order - Board of Supervisors room, County Administration
Center 2S, County Center Drive, Oroville.
Present: Supervisors Dolan, Fulton, Moseley, Saraceni and
Chairman Wheeler; Mike Pyeatt, interim administrative officer;
Del Siemsen, county counsel; and, Eleanor M. Becker, county clerk,
by Rubye Townsleyr deputy clerk.
Pledge of allegiance to the Flag of the United States of America.
Invocation (Supervisor Moseley)
82-1534 Approval of minutes -November 2, 1982.
MOTION: TO APPROVE THE MINUTES OF NOVEMBER 2, 1982.
S M
VOTE: 1 2 3 4 5 (Unanimously carried)
82-1535 At this time Chairman Wheeler gave public recognition and commenda-
tion to the battalion chief and volunteer fire fighters involved
in fighting a fire this past week-end in the third district.
(LETTER OF APPRECIATION TO BE SENT FROM THE BOARD)
Recess: The Board recessed at 9:08 a.m. for executive session.
Reconvene: The Board reconvened at 9:52 following closed session for
litigation.
Recess: 9:53 a.m.
Reconvene: 10:00 a.m.
82-1536 The public hearing for Lucille Abts•appeal of Planning Commission's
denial of application to rezone property from A-R to AR-MH was
held at this time.
MOTION: NOTE THAT THE PROJECT IS CATEGORICALLY EX$MPT FROM
ENVIRONMENTAL REVIEW; AND FIND THAT THE PROPOSED REZONE
CONFORMS TO THE POLICIES, INCLUDING THE TEXT AND MAP,
OF THE BUTTE COUNTY GENERAL PLAN; AND APPROVE THE REZONE
ADOPTING AN ORDINANCE TO "A-5" (AGRICULTURAL 5 ACRE PARCELS)
FOR PROPERTY IDENTIFIED AS AP 36-14-40 (LUCILLE ABTS).
M S
VOTE: 1 2 3 4 5 (Unanimously carried)
82-1537 Donald L. Lucas public hearing on appeal of the requirements for
environmental impact report on an application to cancel a William-
son Act contract. (PUBLIC HEARING CONTINUED TO DECEMBER 7, 1982,
AT 10:00 A.M.)
Page 370.
November 9, 1982
November 9, 1982
165 82-1538 Additional items from Board members to be addressed at the end
of the day:
1. Report on meeting with Drainage District - Supervisor Saraceni.
2. Set meeting date £or Doe Mill Ridge study - Supervisor Fulton.
3. Update on what state is doing regarding drag poisoning protection;
information on improved septic disposal sites and letter to be
directed to Health Department - Chairman Wheeler.
82-1539 Consent Agenda
Budget transfers. Action requested: APPROVE BUDGET TRANSFERS,
Personnel Rules - resolution implementing the revisions to the
Personnel Rules as proposed by the Management Council has been
prepared. Action requested; ADOPT RESOLUTION 82-176 AND AUTHORIZE
CHAIRMAN TO SIGN.
Salary ordinance amendment - corrects the salaries for court
reporters and reclassifies a secretary position in the Treasurer's
Office. Action requested: WATVE FTRST READING.
Travel resolution - a resolution establishing a travel and re-
imbursement policy for various appointed boards and commissions
has been prepared. action requested: ADOPT RESOLUTION 82-177.
Personnel training program - Chico Community Hospital has volun-
teered to conduct first aid and CPR training for county workers.
Action requested: ACCEPT CHICD COMMUNITY, HOSPITAL'S OFFER AND
INSTRUCT THE PERSONNEL DIRECTOR TO COORDINATE THE PROGRAM.
WIC supplemental food program - renewal agreement with the State
Department of Health Services in the amount of $76,656 for the
period 9/1/82 through 9/30/83. Action requested: APPROVE
AGREEMENT AND AUTHORIZE THE CHAIRMAN TO SIGN.
William T. Malcolm, Jr., - renewal of variance to Section 19-10
and/or 19-12 of the Butte County Code for.placement of a mobile
home on AP 36-31-96, 6085 Upper Palermo Road, Oroville area.
Zoning: A-R. Action requested: APPROVE VARIANCE RENEWAL.
K-Code pamphlet - the Department of Public Works recommends
selling these pamphlets for $1,00 in order to cover the cost of
printing. Action requested: AUTHORIZE THE CHARGE OF $1.00
FOR THE SALE OF K-CORE PAMPHLETS.
Forest development road cooperative agreement - this agreement
involves no county Funds and covers maintenance of a portion of
Humboldt Road by the U.S. Forest Service. Action requested:
APPROVE AGREEMENT AND AUTHORIZE DIRECTOR OF PUBLIC WORKS TO STGN.
Harold Nakamoto - conveyance of development rights and perpetual
open area easement to comply with condition of approval on
use permit on AP 24-18-11. Action requested: AUTHORIZE CHAIRMAN
TO SIGN ANIENDED CONVEYANCE OF DEVELOPMENT RIGHTS AND PERPETUAL
OPEN AREA EASEMENT.
Page 371.
November 9, 1982
.~.
November 9, 1982
James and Thelma Powell - conveyance of development rights and
perpetual open area easement to comply with condition of approval
on a use permit for AP 22-19-38. Action requested: AUTHORIZE
CHAIRMAN TO SIGN CONVEYANCE OF DEVELOPMENT RIGHTS AND PERPETUAL
OPEN AREA EASEMENT.
', Donald L. Lucas - proposed negative declaration regarding environ-
mental impact and rezone from "A-2" to "FR-40" on property located
approximately one-half mile west of String town Road, 3/4 mile north
of Hurleton Road, Lake Wyandotte area, identified as AP 72-18-41,
nine miles east of Oroville. Action requested: SET PUBLIC HEARING
FOR DECEMBER 7, 1982, AT 10:00 A.M.
Appointments to the Gridley Memorial Hall Committee. Action requested:
APPOINT HERBERT PERKINS AND LESTER HEPWORTH TO THE GRIDLEY MEMORIAL
HALL COMMITTEE TO SERVE UNTIL DECEMBER 31, 1983.
MOTION: TO APPROVE CONSENT AGENDA
M 5
VOTE: 1 2 3 4 5 (Unanimously carried)
200 82-1540 Final map - Copley Acres Unit 2, Phase I - 17 lots on north end
of Hunter Drive and Melrose Drive, Oroville. AP 36-54-20 and 21.
Performance, labor and materials, and maintenance bonds have been
provided to guarantee construction and maintenance o£ the required
improvements. Taxes and special assessments have been paid.
MOTION: APPROVE MAP SUBJECT TO PROPERTY BECOMING A PART OF THE
COUNTY'S SERVICE AREA FOR WYMAN RAVINE DRAINAGE, IF ONE
IS FORMED; AUTHORIZE ACCESS ACROSS THE EXISTING ONE FOOT
NO ACCESS STRIPS; ACCEPT GRANT IN FEE SIMPLE FOR HUNTER
DRIVE, HUNTER LANE, MELROSE DRIVE, AND ONE FOOT NO ACCESS
STRIPS AS SHOWN ON THE MAP; ACCEPT ITEMS B, C and D AS
OFFERED FOR DEDICATION IN THE OWNER'S CERTIFICATE ON
BEHALF OF BUTTE COUNTY; ACCEPT GRANT DEED FOR FUTURE
HUNTER DRIVE AND CRANE AVENUE AND AUTHORIZE CHAIRMAN TO
SIGN GRANT DEED AND SUBDIVISION ,AGREEMENT.
M S
VOTE: 1.. 2 3 4 5 (Unanimously carried)
324 '82-1541 Salary ordinance - this salary ordinance adjusts elected and
appointed department head salaries to correct the inequities
', created last July. (THIS ITEM REMOVED FROM AGENDA TO COME BACK
AT A LATER DATE)
345 L82-1542 Consideration of proposed Constitutional amendment to secure
', a stable source of revenue for local government. (Supervisor Wheeler)
MOTION: TO SUPPORT THIS AT THE CSAC CONFERENCE
S M
VOTE: 1 2 3 4 5 (Unanimously carried)
82-1543
James M. Ward, engineer, on behalf of Robert Warren, wishes to
appeal the Advisory Agency's denial of a tentative parcel map,
AP 24-26-17, two lots on the south side of East Gridley Road,
650-•feet east"of Banell Road, Gridley area. (PUBLIC HEARING
SET FOR NOVEMBER 23,-1982, AT 11:15 A.M.)
Page 372.
November 9, 1982
.~
November 9, 1982
Ron Graves and Associates, engineers, on behalf of Henry Runge,
wish to appeal the Advisory Agency's denial of a tentative parcel
map, AP 72-48-12, three lots located at the intersection of
j Hershel Court and Mather Lane, Swedes Flat area. (PUBLIC HEARING
SET FOR NOVEMBER 23, 1982, AT 11:30 A.M.)
1146
1217
Maxim Bach, attorney, oh behalf of James Carl Combs, submits a
claim against the county and Tax Assessore Ed Brown for alleged
damages resulting from personnel actions on August 23, 1982, and
October 15, 1982.
MOTION: TO DENY CLAIM
M S
VOTE: 1 2 3 4 5 (Unanimously carried)
Farm City Week - Mary Andrews, chairman, writes to invite Board
to the Farm City Week tour November 17, 1982.
MOTION: ADOPT RESOLUTION 82-178 RECOGNIZING FARM CITY WEEK
S M
VOTE: 1 2 3 4 5 (Unanimously carried}
82-1544 The public hearing for Dan Schafer appeal of decision of the
Advisory Agency on a tentative parcel map, Condition 18,
AP 41-09-12, three parcels, on Neal Road approximately 5.2
miles east of Highway 99 was held as scheduled.
MOTION: TO DENY APPEAL BUT ENCOURAGE APPLICANT TO REALIGN BOUNDARIES
TO INCLUDE ENOUGH USEABLE AREA IN EACH PARCEL.
S M
VOTE: 1 N 2 Y 3 Y 4 N 5 Y (Motion carried)
'82-1545 (1~4UEST FROM ADMINISTRATION TO CLARIFY ITEM 3.04 IN THE CONSENT
AGENDA. TWO RESOLUTIONS HAD BEEN PRESENTED FOR CONSIDERATION.
ACCORDING TO COUNSEL, THE RESOLUTION ADOPTED REFLECTED THE MINIMUM
STATE REQUIREMENT FOR AUTOMOBILE INSURANCE COVERAGE)
82-1546 Annexation to Thermalito Irrigation District and County Service
Area No. 26 - the Butte County Local Agency Formation Commission
has approved the annexation of approximately 325 acres to CSA
No. 26 and to the TID. The Board of Supervisors has been designated
the conducting authority in order to permit the concurrent
annexation to both districts. Public hearing held as scheduled.
MOTION: TO ADOPT RESOLUTION 82-179 APPROVING THE ANNEXATION OF
APPROXIMATELY 325 ACRES TO COUNTY•SERVICE AREA NO. 26
AND TO THE THERMALITO IRRIGATION DISTRICT.
S M
VOTE: 1 NV 2 Y 3 Y 4 Y 5 Y (Motion carried)
'; 82-1547 The public hearing for Gary Jacobs appeal of environmental checklist
requiring the preparation of an environmental impact report,
AP 42-07-38, west side of Quista Drive, east side of Alamo Avenue,
approxima.tely__220__£eet south of East Avenue, north Chico was held
', as scheduled.
Page 373.
November 9, 1882
~''
November 9, 1982
MOTION: TO UPHOLD THE APPEAL.
S M
VOTE: 1 2 3 4 5 (Unanimously carried)
1700 82--1548 The closed hearing for John Henry Construction appeal of the
Planning Commission's denial of a request for a use permit (item
determined to be categorically exempt from environmental review)
I to allow the change of a non-conforming use from a real estate
office to a contractor's office including the storage of equipment
on property zoned "H-C" (highway commercial) located on the
I northeast corner of the Skyway and Cedar Lake Road, identified
as AP 65-21-65, north of Paradise, was held as scheduled.
MOTION: NOTE THAT THIS PROJECT IS CATEGORICALLY EXEMPT FROM
ENVIRONMENTAL REVIEW AND MAKE THE FINDINGS REQUIRED
BY THE BUTTE COUNTX CODE SECTION 24-47, APPROVE THE
USE PERMIT TO CHANGE A REAL ESTATE OFFICE TO A CONTRACTOR'S
OFFICE INCLUDING THE STORAGE OF EQUIPMENT, FUEL AND
MATERIAL SUBJECT TO THE FOLLOWING CONDITIONS:
1. NO DRIYIEWAY ACCESS ALLOWED TO SKYWAY.
2. SEWAGE DISPOSAL BE INSTALLED UNDER PERMIT AND
2NSPECTION OF BUTTE COUNTY DEPARTMENT OF PUBLIC
HEALTH, AIvY CONSTRUCTION OR DEVELOPMENT TO COMPLY
WITH AREA REQUIREMENT OF THE ZONING ORDINANCE.
3. ALL AGGREGATE MATERIALS TO BE STORED WITHIN A
THREE-SIDED BIN.
4. ANY: LIGHTS TO BE SHTELDED OR DIRECTED AWAY FROM
NEIGHBORING PARCELS.
5. DUMP TRUCKS NO LARGER THAN A SINGLE OR DOUBLE AXLE
ARE TO BE STORED ON THE STTE.
', 6. ONLY CONVENTIONAL BACKHOES, NO HEAVY--DUTY BACKHOES,
TO BE STORED ON THE STTE.
7. INSTALL CHATNLTNK FENCE WITH REDWOOD LATHS SIX FEET
HIGH ALONG EASTERLY PROPERTY LINE FROM EXISTING
CHAINLINK FENCE TO CEDAR LAKE DRIVE.
8. INSTALL DECORATIVE RUSTIC FENCE ALONG WESTERLY
FRONTAGE FIVE FT. HIGH FROM SOUTHWESTERLY CORNER
OF EXISTING MOBILE HOME SOUTHERLY TO OLD DOGTOWN ROAD.
9. INSTALL DECORATIVE RUSTIC FENCE TO ENCLOSE AREA OF
UNDERGROUND FUEL STORAGE AND CONSTRUCTION YARD AREA
FROM SOUTHWESTERLY SIDE OF EXISTING MOBILE TO CEDAR
LAKE DRIVE AS DELINEATED ON THE APPROVED SITE PLAN.
Z0. APi?LICANT MUST ALSO COMPLY WITH OTHER APPLICABLE
STATE AND LOCAL STATUTES, ORDINANCES AND REGULATIONS.
S M
_VOTE:------ 1------- 2- 3 4 '5 (Unanimously carried)
Page 374.
November 9, 7.982
3
November 9, 1982
Recess: 11:00 a.m.
Reconvene: 11:17 a.m.
1980 '' 82_1549 County policy on medically indigent adults (MIAs)
** MOTION: TO CONTRACT WITH THE STATE OF CALIFORNIA FOR THE
00 INITIAL PERIOD OF SIX MONTHS.
S M
', VOTE: 1 2 3 4 5 (Unanimously carried)
606 82-1550 Recognition of persons wishing to speak:
1. William Houston - requesting a statement in writing that
the Board refused to pay his medical bills.
850 ' 82-1551 Public hearing pursuant to Government Code ~ 27641 (b) -
County Counsel. (CONTINUED TO NOVEMBER 23, 1982, 1:.30 P_. M. AT
REQUEST OF THE DISTRICT ATTORNEX}
870 ' 82_1552 City Council _ Chico _ request a meeting with the Board of
Supervisors on November 22, 1982, at 4:00 p.m. to discuss
expenditures of SB 325 transportation funds for the proposed
Amtrak Depot. (STAFF TO REQUEST CITY-COUNTY~INTERGOVERNMENTAL
COMMITTEE MEETING FOR NOVEMBER 22, 1982, AT 4;00 P.M.)
Department of Health and Human Services - William C. Hill,
district director, writes to explain the communication chain
', involved with the Tylenol incident in Oroville_ (ITEM TO BE
PUT ON THE AGENDA FOR DECEMBER 14, 1982)
', Hecht, Diamond & Greenfield, attorneys, on behalf of Anthony
', Thomas, appeal the Planning Commission's denial of a conditional
use permit to allow an adult bookstore in an existing commercial
building located on property zoned A-2 Ltd. (proposed C-2)
located on the west side of the Esplanade, approximately 250 feet
north of Lassen Avenue, identified as AP 44-052T40, Chico.
(PUBLIC HEARING SET FOR DECEMBER 7, 1982, AT 10:15 A.M.)
900 ', 82-1553 Additional items from Board members to be addressed:
1. Report on Wyman Ravine area committee meeting. Smaller
committee was chosen to look at drainage area and will
be reporting back at the meeting on the 29th. - Supervisor
Saraceni.
2. Request for a date to be set for Supervisors Fulton and
Wheeler to meet in regard to the land use study for the
Doe Mill Ridge area. (LAND USE COMMITTEE TO MEET NOVEMBER 24,
1982, AT 10:00 A.M.) - Supervisor Fulton.
3~---Announcement-that the Board of Supervisors will not be meeting
on November 30, 1982. - Chairman Wheeler
Page 375.
November'9, 1982
November 9, 1982
', 4. Inquiry as to when the hearing on the proposed ordinance
on adult entertainment would be rescheduled. - Supervisor Dolan
(HEARING RESCHEDULED TO DECEMBER 7, 10:45 A.M,)
5. Report on telephone called received regarding Veteran's
buildings and rental. - Supervisor Saraceni (SUPERVISOR
SARACENI TO DIRECT CALLER TO SUPERVISOR FULTON)
6. Report that CSAC lawsuit is being heard and final arguments
to be heard on December 27, 1982. Written decision should
be received in January. - Chairman wheeler
I 7. Letter received from Health Department regarding septic disposal
sites. - Chairman Wheeler (REFERRED TO MR. VANHART OF ENVIRON-
MENTAL HEALTH FOR REPORT BACK TO THE BOARD)
8. Request for appointment to CAA Board - Chairman wheeler
MOTION: TO APPOINT DON BARRIER TO THE COMMUNITY ACTION AGENCY
BOARD.
S M
VOTE: 1 2 3 4 5 (Unanimously carried)
9. Request for staff to prepare a list of committees and
appointments for Supervisors Dolan and Fulton. - Chairman
Wheeler-
', Adjournment: The Board adjourned at 12:25 p.m. to reconvene on
Tuesday, November 16,-1982, at 9:00 a.m.
ATTEST: ELEANOR M. BECKER, COUNTY CLERK-
''. RECORDER and ex-officio Clerk to the
Butte County Board of Supervisors
By:
i an, Board of Supervisors
Page 376.
November 9, 1982