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HomeMy WebLinkAboutM111583November 15, 1983 Ca11 to order - Board of Supervisors Room, County Administration Center, 25 County Center Drive, Oroville. Present: Supervisors Fulton, Moseley, Saraceni, Wheeler and Chair Dolan; Martin J. Nichols, chief administrative officer, by Mike Pyeatt, deputy 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 83-926 Additional items from Board members to be addressed at the end of the day: 1. Public Works letter - Supervisor Saraceni $3-927 Items removed from the consent agenda for separate consideration: 1. Ordinance amending X26-3.1 of the Butte County Code relative to the Uniform Building Code, specifically the verification of any applicable laws of the jurisdiction in effect at the time of application for the permit. 2. Ordinance adding Chapter 36 to the Butte County Code relative to charging a fee for persons sentenced to the jail on week- ends or on other days during the week which are non work days. Page 275 November 15, 1983 November 15, 1983 3. Amendment to agreement with Chico Community Hospital - pro- vides for extending the agreement from September 30, 1983, to June 30, 1984, and provides for a maximum amount payable during the term of the agreement of $39,480. The contract covers emergency room services for the Mental Health Department. 83-928 Consent Agenda (35) 1. Approval of minutes - November 8, 1983. Action requested: APPROVE MINUTES. 2. Budget transfers. Action requested: APPROVE BUDGET TRANSFER B-61. 3. Butte County Library Trust - in accordance with Government Code X25355 accept donations of $350 and $116 from the Chico Friends of the Library. Action requested: ACCEPT DONATION 4. Merrill S. Cowee - request for variance to X19-10 and/or §19-12 of the Butte County Code for placement of a mobile home on AP 24-13-75, 1180 River Avenue, Gridley area; zoning: A-10. Action requested: SET PUBLIC HEARING DATE FOR DECEMBER 6, 1983, AT 10:00 A.M. 5.~ Charles E. Leman - request far variance to X19-10 and/or X19-12 of the Butte County Code for placement of a mobile home on AP 26-25-050, 1645 Halpin Lane, Oroville area; zoning: A-5. Action requested: SET PUBLIC HEARING DATE FOR DECEMBER 6, 1983, AT 10:00 A.M. 6. Mr. & Mrs. B. E. Oskin - request for variance to §19-10 and/or X19-12 of the Butte County Code for placement of a mobile home on AP 21-19-46, 870 Dewsnup Avenue, Gridley area; zoning: A--5. Action requested: SET PUBLIC HEARING DATE FOR DECEMBER 6, 1983, AT 10:00 A.M. 7. Board of Supervisors - proposed negative declaration regard- ing environmental impact and rezone from A-2 to A-R, N-C or C-l, M-l, M-2 and P-Q, Chapmantown area. Action requested: SET PUBLIC HEARING DATE FOR DECEMBER 13, 1983, AT 10:00 A.M. Page 276 November 15, 1983 Novem'be'r' l5, 1983 83_928 8. Amendment to Land Conservation Act agreement - Estate of (font'd} Nathan H. Thomasson. Action requested: APPROVE AMENDMENT TO AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. 9. Probation Department Trust Fund - in accordance with Govern- ment Code X25355 authorization is requested to establish a trust fund for donations and authorize the Chief Probation Officer to accept donations in an amount not to exceed $2,500. Action requested: AUTHORIZE ESTABLISHMENT OF TRUST AND AUTHORIZE CHIEF PROBATION OFFICER TO ACCEPT DONATIONS, 10. Community Action Agency - amendment to Contract 83-834-505 regarding the Department of Energy weatherization contract in order to increase the number of homes to be weatherized (105 low income homes) and provide for an additional $75,000 to provide for hiring additional persons. Action requested: ACCEPT AMENDMENT 1 TO CONTRACT 83-834-505 AND AUTHORIZE THE CHAIR TO SIGN, 11. Esplanade Manor agreement - an agreement has been prepared with Edith A. Lausten, dba Esplanade Manor, for 24 hour residential care services and is entered into on behalf of the counties comprising the Northeastern Ten County Mental Health Region covering the period October 1, 1983, through dune 30, 1984, for a maximum contract amount of $73,000 providing for 9,582 patient days/estimated units of service at a provisioned rate per unit of service of $7,65. Action requested: APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. l2. CETA audit reports - a report is being forwarded relative to the combined CETA audit and the Horace Pero case. Action requested: AUTHORIZE THE TRANSFER OF $1,138,38 FROM THE RESERVE AND AUTHORIZE THE AUDITOR TO FORWARD SAID AMOUNT TO THE DEPARTMENT OF LABOR TO RESOLVE THE HORACE PERO ISSUE, AUTHORIZE THE AUDITOR TO FORWARD $1,292.41 FRONI SUBRECIPIENT AGENCY REIMBURSEMENT ACCOUNTS TO RESOLVE A PORTION OF THE COMBINED AUDIT ISSUE, AND AUTHORIZE COUNSEL AND PERSONNEL DIRECTOR TO PROCEED WITH THE APPEAL OF THE REMAINING $51,913. Page 277 November l5, 1983 Nov'em'b'e'r' 15 , 19 8 3 83•-928 13. Farm-City Week - as part of the Chico Chamber of Commerce (Cont-'d} recognition of agriculture, a resolution is being prepared designating November 14-18, 1983, as Farm-City Week (Supervisor Wheeler}. Action requested: ADOPT RESOLUTION 83-•183 AND AUTHORIZE CHAIR TO SIGN. MOTION: APPROVE CONSENT AGENDA EXCEPT FOR ITEMS PREVTOUSL`.' REMOVED. S M VOTE: 1 V 2 v 3 '~ 4 V 5 V (Unanimously carried) $3-929 Ordinance amending X26-3.1 of the Butte County Code relative (65) to the Uniform Building Code, specifically the verification of any applicable laws of the ~uri~sdiction in effect at the time of application for the permit. MOTION: WAIVE THE SECOND ..READING AND ADOPT .ORDINANCE 2379 S M VOTE: l Y 2 V 3 ~' 4 v 5° (Unanimously carried} $3-930 Ordinance adding Chapter 36 to the Butte County Code relative (90) to charging a fee for persons sentenced to the fail on weekends or on other days during the week which are non work days. MOTION: WAIVE THE SECOND READING AND ADOPT ORDINANCE 2380. S M VOTE: l ~' 2 V 3 V 4° 5 V (Unanimously carried) Page 278 November 15, 1983 Novem'b'e'r' 1'S , 19 8 3 83-931 Amendment to agreement with Chico Community Hospital - provides _.(173..} for extending the agreement from September 30, 1983, to June 30, 1984, and provides for a maximum amount payable during the term of the agreement of $39,480. The contract covers emergency room services for the Mental Health Department. MOTION: APPROVE CONTRACT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN. S M VOTE: 1° 2 v 3 NV 4 ~' S v (Motion carried} Regular Agenda 83-932 Consideration of Madera County request far data processing {184) systems development for their Assessor's Office in accordance with a feasibility study developed by the County. (TABLED UNTIL NOVEMBER 29, 1983, FOR REVIEW BY DATA PROCESSING STEERING COMMITTEE AND MAIN-HURDMAN.} 83-933 Consideration of SB 325 project funding claim far submittal (479} to the Butte County Association of Governments in the amount of $21,700 covering rehabilitation, $20,000, and annual maintenance, $1,700. (From 11/8/83) MOTTON: APPROVE PROJECT FUNDING CLAIM AND AUTHORIZE THE PUBLIC WORKS DIRECTOR TO SIGN THE CLAIM. M S VOTE: 1 N 2 `s 3 V 4 N 5 {Motion carried) 83-934 Consideration of the releasing of a mobile home installation permit for Sylvester Bazilius on the west side of Autrey Lane (old V-C Road), Oroville, identified as AP 36-074-10. (Supervisors Saraceni} (CONTINUED TO LATER IN THE DA°} Page 279 November 15, 1983 November 15, 1983 83-935 Reconsideration of the Richard L. Stewart and Bruce Parks {812) abandonment of a portion of East Lindo Avenue, between Mangrove ---- Avenue and East 9th Avenue, Choc area. (From .11/8/83) MOTION: APPROVE THE ABANDONMENT SUBJECT TO THE NECESSARY AND LEGAL FINDINGS S M VOTE: 1 2 3 4 5 RECESS: 9:42 A.M. RECONVENE: 9:50 A.M. MOTION AMENDED: ADOPT RESOLUTION 83-185 APPROVING THE ABANDONMENT WITH THE FINDING THE COUNTY NO LONGER USES THAT PORTION BEING ABANDONED, AND NO NEED OR REASON EXISTS FOR FUTURE USE; AND CONDITIONED UPON MAINTAINING A DRAINAGE EASEMENT AND ALSO INGRESS AND EGRESS FOR PRIVATE BUSINESS USE. S M VOTE: l V 2 N 3 Y 4 Y 5 Y (Motion carried) 83-936 Report to the Board from the Public Health Department relative (1185) to the county's well drilling policy. (MR. VANHART AND SUPER- VISOR SARACENI TO MEET AND SUGGEST A COMMITTEE FOR REVIEW OF THE WELL DRILLING POLICY. TO BE CONTINUED TO NOVEMBER 29, 1983) _.. .. __ P'ubl'ic Hearings-and Timed Ttems 83-937 J. C. and Dorothy Keck - request for variance to §19-10 and/or (1571) §19-12 of the Butte County Code for placement of a mobile home on AP 28-05-23, Route 2, Box 2700A, Oroville; street location, Middle Honcut Road area; zoning: A-2. Lavada McGough - request far variance to X19-10 and/or X19-12 of the Butte County for placement of a mobile home on AP 26-27-008, 7855 Irwin Avenue, Palermo area; zoning: A-2. Page 280 November 15, 1983 Noyem'b'e'r 15 , 19 8 3 MOTION: APPROVE THE VARIANCES __ M S VOTE: 1° 2 ~ 3 v 4 `~ 5° (Unanimously carried) 83-938 ~ Willis D. Harris - abandonment of a public utilities easement, (1619) Ke11y Ridge Estates, Unit 2B., Lot 99, located south and east of Oak Hi11 Drive, 300 feet -~ south of Blue Oak Court, Kelly Ridge area, identified as AP~69-07-36, Oroville. MOTION; ADOPT RESOLUTION 83-186. APPROVING THE ABANDONMENT. M S VOTE: 1 V 2 `j 3 V 4 V 5 ~ (Unanimously carried) 83-939 Delevan S. Lisk - abandonment of light and air easement, Lindo (1668) West Subdivision, Lot 20, located on the west side of Lindo Avenue, identified as AP 43-40-20, Chico. MOTION: ADOPT RESOLUTION 83-187 APPROVING THE ABANDONMENT. S M VOTE: l V 2 Y 3 V 4_°._ 5 v (Unanimously carried) 83-940 Continued hearing - Edward L. McLaughlin - appeal of the (1698) Planning Commission's denial of a variance to minimum lot size in an SR-1 (suburban residential - once acre parcels) zone, item an 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 1,200 feet south of Durham-Dayton Highway. Durham. (FROM 11/8/83} MOTIDN: THE-- REQUIREMENTS OF CEQA HAVE BEEN COMPLETED AND CONSIDERED IN MAKING THIS DECISION AND A NEGATIVE DECLARATION IS ADOPTED; AND FIND THAT THE PROPOSED PROJECT MEETS THE REQUIREMENTS OF COUNT? CODE SECTION 24-162 AND 24-49; AND APPROVE THE VARIANCE TO MINIMUM LOT SIZE IN AN SR-1 (SUBURBAN RESIDENTIAL - 1-ACRE PARCELS) ZONE ALLOWING A .58 ACRE LOT AND A Page 281 November 15, 1983 N'oy~ember 15, 1983 .95 ACRE LOT ON AP 40-20-65 AND 40-20--33, SUBJECT TO THE FOLLOWING CONDITION: APPLICANT MUST COMPLY --- WITH ALL APPLICABLE STATE AND LOCAL STATUTES, ORDINANCES AND REGULATIONS. THERE ARE SPECIAL CIRCUMSTANCES APPLICABLE TO THE PROPERTY IN THAT THE PROPERTY IS DIVIDED BY DURHAM MUTUAL WATER COMPANY'S EASEMENT AND A LEVEE EASEMENT RUNS THROUGH THE EASTERN HALF OF THE PARCEL. S M VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried) Regular Agenda 83-941 Closed hearing - Board of Supervisors - Code amendment, A-2, (1880? to be limiting residential densities in the district to those density ranges specific in the Butte County General Plan. (From 13./8/83) (CONTINUED TO NOVEMBER 29, 1983) 83-942 Consideration of report covering recommendations for point (1952) funding of Cohasset Road improvements with the City of Chico. MOTION: CONCUR WITH PUBLIC WORKS RECOMMENDATIONS NOT TO SHARE IN THE COSTS AND DIRECT A LETTER BE SENT INFORMING THE CITY OF CHICO. S M VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried) Public Hearings and Timed Items $3-943 Continued hearing - Signal Home Loans -- proposed negative (2590) declaration regarding environmental impact and appeal of the Planning Commission's denial of a variance to minimum lot size Page 282 November 15, 1983 November 15, 1983 to allow a 7,300 square 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. (From 10/18/83) (CONTINUED TO JANUAR° 17, 19$4, AT 10:00 A.M.) 83-944 Webb Homes - appeal of the Advisory Agency's Conditions 5 and (2663) 9 on the Rosewood Tentative Subdivision, AP 42-03-58 and 59, nine lots, property located 600 feet southeast of Bell Road ** on the southwest side of Cu ssick Avenue, Chico area. 00 MOTION: UPHOLD THE APPEAL OF THE APPLICANT ON BOTH CONDITIONS. S M VOTE: 1 v 2 3 ~' 4 Y 5 ~' (Unanimously carried) RECESS: 10:15 A.M. RECONVENE: 11:11 A.M. 83-945 Recognition of persons wishing to speak: (108 ) 1. Jim Rackerby, PIC administrator, requesting Board's approval for issuing requests for proposals (RFD's) for. the development of strategies and plans to expand the economic and employment base in Butte County. A recommendation will come before the Board on becember 13, 1983. MOTION: AUTHORIZE ISSUING REQUESTS FOR PROPOSALS M S VOTE: 1 `~ 2 Y 3 V 4 ~' S: v (Unanimously carried) ,•°~ 2. Ed Brown - regarding the status of Administrative Review on two vacancies in his office, and Madera County request for data processing programming. 3. Henry McCall - regarding fees for candidates statements and a waiver of fees for indigents. Page 283 November 15, 1983 No'vem'b'e'r' 15 , 19 8 3 4. Andrew Cook - concerning assessment on his property. (RELATED TO COMMUNICATION ITEM #3 - TO BE REFERRED. TO ASSESSOR AND AUDITOR) ~~ 5. Louis Camazind - regarding maintenance on Butte Creek Levee. (REFERRED TO PUBLIC WORKS) 6. Hank McGowan - regarding the flooding problem on Diamond Avenue relative to Crouch Ditch. 83-946 Continued hearing - R.F.C. Surveyors - on behalf of Carl Martel- (852) laro, 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 $.7 acres +, located on Batt Road, approximately 200 feet west of A-1 Road, Forest Ranch area. (From 11/$/83) ' (HEARING CONTINUED OPEN TO DECEMBER b, 1983, AT 10:15 A.M.} 83-947 Michael Health and Thomas Stevens - appeal of the Advisory (1138) Agency's approval of the Richard P. Kelso tentative subdivision map (item on which a mitigated negative declaration has been recommended}, AP 36-06-28 and 117, 64 lots, property located 1900 feet east of La Mirada on the northeast side of Mt. Tda Road, Oroville area. (CONTINUED OPEN TO NOVEMBER 29, 1983, AT 2:00 P.M.) RECESS: 12:29 P.M. RECONVENE: 2:05 P.M.. Re g u l a r A'g'e'n'da 83-948 Consideration of the releasing of a mobile home installation (2754} permit for Sylvester Bazilius on the west side of Autrey Lane (old V-C Road), Oroville, identified as AP 36-074-10. {Supervisor Saraceni) (CONTINUED TO NOVEMBER 22, 1983) Page 284 November 15, 1983 Novembex 15, 19'83 Public He~a'rings and Tim'ed' "I't'ems 83-949 Presentation by Cohasset/Forest Ranch Study Committee. (2763) MOTION: INITIATE PUBLIC HEARINGS AT THE PLANNING COMMISSION *** LEVEL ON FOOTHILL DEVELOPMENT STUD` WITHIN PLANNING 000 AREA NO. 2, AND PROVIDE COPIES TO ALL RELEVANT COMMISSIONS AND COUNTY OPERATING DEPARTMENTS FOR THEIR REVIEW AND RECOMMENDATIONS. 5 M VOTE: 1 `~ 2 Y 3 Y 4 Y 5 Y (Unanimously carried) RECESS: 2:40 P.M. RECONVENE: 2:54 P.M. $3-950 Continued hearing - David Forsman - appeal of Planning (837} Commission's denial of m use permit (item on which a negative declaration regarding 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-OS-26, Chico. (From 11/8/83) MOTION; THE REQUIREMENTS OF CEQA HAVE BEEN COMPLETED AND CON- SIDERED IN TN MAKING THIS DECISION TO ADOPT A NEGATIVE DECLARATION; AND FIND THAT THE PROPOSED PROJECT MEETS THE REQUIREMENTS OF SECTT_ON 24-47 AND 24-59 OF THE BUTTE COUNTY CODE; AND APPROVE THE USE PERMIT TO ALLOW THE SEGREGATION OF A 1-ACRE HOMESITE IN AN AGRICULTURAL ZONE ON AP 42-05-26 (FORSMAN) SUBJECT TO THE CONDITIONS AS SET FORTH IN THE STAFF FINDINGS, I THROUGH 5, OF THE BUTTE COUNTY PLANNING COMMISSION DATED JULY 7, 19$3. M S VOTE: l Y 2 Y 3 ~' 4 Y 5 Y (Motion carried) Page 285 November 15, 1983 No.v'ember 15 , 19'83 83--951 ~ Communications (104© } ~- 1. Pacific Telephone - writes forwarding comments with regard to the Board's concern relative to the recent rearrangement of the Butte Ye11ow Pages. {INFORMATION) 2. Paradise Pines Property Owners Association, Inc. - Arlene J. Briggs, general manager, writes requesting a reduction of assessment for tax bill 62018-0 on parcel 64-29-09. (INFORMATION. ASSESSMENT APPEALS BOARD WILL BE HEARING REPORT ON THIS MATTER}. 3. Andrew J. Cook Durham - writes concerning the direct assess- ment placed upon his property relative to maintenance districts which appear excessive when compared to adjoining properties. (REFERRED TO ASSESSOR AND AUDITOR FOR REPORT WITH RECOMMENDATIONS.} 4. Chico 2000 - writes supporting the adoption of a classroom construction fee schedule for additional classrooms in the Chico Unified School District. {INFORMATION} 5. John Ost, Chico - writes requesting the establishment of a citizens advisory panel for County Service Area 24 improve-~ ments and comments upon the improvments to the Lindo Channel. (TO BE PLACED ON THE AGENDA OF THE INTERGOVERNMENTAL RELATIONS COMMITTEE} 6. City of Oroville, et a1 - several letters have been received supporting the application to open a rock quarry in the Coal Canyon area by Green Rack Quarrier which is presently under environmental review. Letters received to date are from the City of Oroville, Ted Runge, Tri Valley Tractors, Inc., Fred T. Huntington, Omark Industries, and Simpco Lands. (NOT DISCUSSED. NO ACTION TAKEN) 7. Assemblyman Dan Rogers - Assemblyman Rogers forwards the California Legislature's resolution proclaiming November 20-26, 1983, as Family Week. MOTION: ADOPT RESOLUTION 83-188 1983, AS FAMILY WEEK. M VOTE : 1 ~' 2 V 3 ~? 4 '~' Page 286 PROCLAIMING NOVEMBER 20-26, S 5 v (Unanimously carried} November 15, 1983 83-952 Novem'b'er 15, 1983 A~d~d~i t i ono l I't em s 1. Supervisor Saraceni addressed his concerns regarding a memo -from Public Works Director relaying a request from the State Department of Resources and M and T Ranch for the County to share in the costs and use of Public Works equipment to repair breaks in the levee along the Sacramento. Supervisor Saraceni feels the Board should develop a policy to address requests such as this. 2. Supervisors Saraceni presented his concerns regarding a letter from the Public Works Director to Mr. Tom Stevens regarding the Kelso Development re drainage, Supervisors Saraceni and Moseley requested the Public Works Director to be present during the Kelso hearing on November 29, 1983, at 2:QO p.m. CLOSED SESSION: The Board recessed at 3:15 p.m, for a closed session on Meet and Confer. RECONVENED: The Board reconvened at 3:24 p.m. followed the closed session. (SEE FOLLOWING MINUTE ORDER) 83-953 Report on closed session - The MCS unit has ratified their (1498) Memorandum of Understanding. The terms are similar to others ratified this year -- no increase in pay. In Lieu of overtime, another day of administrative leave is approved. MOTION: RATIFY M.Q.U. WITH MCS UNIT AND ADOPT RESOLUTION 83-1$9 AMENDING SECTION 12.14{j) OF THE BUTTE COUNTY PERSONNEL RULES RE OVERTIME FOR EXEMPT EMPLOYEES. S M VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried) ADJOURNMENT: There being nothing further before the Board at this time the meeting was adjourned at 3;26 P.M. Page 287 November ].5, 1983 Novemf~ez .15., 1983 ATTEST: MARTIN J. NZCHOLS CY~ief Adminis ra~ive Otf'''cer and C1er[cf'1of/~be~BgQrd ~ / 0 $Y-f- Page 2$8 November 15, 1983