HomeMy WebLinkAboutM112983
November 29, 1983
Ca11 to order ~ Board of Supervisors Room, County Administration
Center, 25 County Center Drive, Crov~lle,
Present: Supervisors Pulton, Moseley, Saxaceni, Wheeler and
Chair Doran; Martin J. Nichols, chief administrative officer;
Del Siemsen, county counsel; and, Rubye Townsley, deputy clerk
of the Board.
Pledge of allegiance to the P1ag of the United States of
America.
Invocation - Supervisor Moseley
83-972 Additional items to be addressed at the end of the day:
1. Appointment to Air Pollution Control Boardx - Supervisor
Moseley
2. Report on Northern California Supervisors Association
meeting. ~ Supervisor Saxaceni
3. Appointment to Water Commission.- Supervisor j~~heeler
4. Petitions received to be entered into the record,
Supervisor Wheeler.
5. Closed Session requested ~y Counsel. r Chair Dalan
Page 3~5
November 29, 1983
November 29~, 1983
83,973 Consent Agenda
1. Budget transfers. Action requested: APPROVE BUDGET
TRANSFERS B~72, B~73, B-74, B-75, B-78 and B-79.
2. Penalty abatement requests ~ change of ownersfiip reports.-
Action requested; APPROVE THE FOLL0~1~TNG PENALTY ABATEMENT
REQUESTS:
Haase, Mr. ~ Mrs. James M
Atkin, Mx. ~ Mrs. Norman
Martin, James R.
McLain, Earl
Haapala, Annelle
Derrick, Mr. ~, Mrs. William F,
Tribble, Mr, ~ Mrs. Gregory
Delangre, Lawrence ~.
Reese, ~Ir. ~ Mrs, Rory
Drake Homes:
AP 048-~Q.2~OS8-8 through 61
AP 0.4841-~0~OO1n0 through
AP 048--42~0~002--0 through
Davis, Alvin D, , ,Tr,
AP 046-30-D--111-0
AP 045-29-2-OOS-O
AP 036-44-0--031-0
AP 029--04-0-004-0
AP 029-04-0-002-0
AP 029-~01~0-01.0-0
AP 062-12-0-034-0
AP 046-69--0-046-0
AP 042 ~44~0.~-0.0.7 td .
AP 064x12-O.~Q0.1--Q
AP 026-11n3~0.14-•0
[four parcels).,
82 [82 parcels).
19 [18 parcels )_
AP 010-26-0--0.39-0
3. California Ch.i1d Support Enforcement Week. - as part of
Governor Deuk~ejian~s proclamation declaring the week of
November 27, 1983, a resolut~.on has been prep axed, Action
requested: ADOPT RESOLUTION 83191 AND AVTHORxZE THE
CHAIR TO SIGN,
4. Rolliegh E, Hix -- rezone [item determ~:ned to be categorically
exempt from envixonmental review, from-A•-R agricultural
residential) to AR-MIi agricultural residential - mobile
home) on propoety located on the north side of Oro-Bangor
Highway, approximately 2800 feet southeast of Circle Drive,
identified as AP 36-22-13, Oroville, Action requested:
SET PUBLIC HEARING FOR DECEMBER 20, 1.983, AT 10:15 A.M.
5. Thomas R. Vickers - appeal of the Planning Commission's
denial of a variance to side yard setback to allow a carport
one foot from the property line (:item determined to be
Page 306
November 29, 1.983
No~r~em'be~r ~29,~ 1983
83-973 categorically exempt from environmental review) on property
(cont'd) zoned A-2 (general) located on the east side of Arbutus
Avenue, approximate3.y 150 feet north of Seventh Avenue,
identified as AP 45-042-13, Chico. Action requested: SET
PUBLIC HEARING DATE FOR DECEMBER 20, 1983, AT 10:30 A.M.
6. Rosalie Rath - Peach Tree Place Subdivision -- abandonment of
public utilities easement, Lots 7, 8, 9, AP 43-36-7, 8 and
9, Chico. Action requested: ADOPT RESOLUTION 83-192
SETTING A PUBLIC HEARING FOR JANUARY T0, 19$4, AT 10:00 A.M.
7. Appointment of Mike Boyd to the Emergency Medical Services
Committee to serve an indefinite term. Action requested:
MAKE APPOINTMENT.
8. Appointment of Louis Parker to the Area II Developmental
Disabilities Board to serve until December 31, 1986. Action
requested: MAKE APPOINTMENT.
9. Reappointment of Henry Schmier, American Legion delegate,
and Leslie King, alternate delegate, to the Paradise
Memorial Hall Committee to serve until November 29, 19$4.
Action requested: MAKE APPOINTMENTS
10. Reappointment of Donovan Montgomery, Veterans of World
War I delegate, and Milford Gadd, alternate delegate, to
the Paradise Memorial Hall Committee to serve until
November 29, 19$4. Action requested: MAKE APPOINTMENTS.
11. Reappointment of Ray Roberts, Senior Dance Club delegate,
to the Gridley Memorial Hall Committee to serve until
November 29, 1984. Action requested: MAKE APPOINTMENT.
12. Resolution declaring through highways - Public Works has
completed a traffic study on Waterford Drive in the Chico
area and recommends it be declared a through highway from
Silverbell Road to Godman Avenue so that stop signs may be
erected on intersecting streets. Action requested; ADOPT
RESOLUTION 83-193 AND AUTHORIZE THE CHAIR TO SIGN.
13. Lakeridge Village Assessment District - utility construction
for North Burbank Public Utility District and Oroville
Wyandotte Irrigation District is nearing completion and
agreements with each of the utilities require submission
Page 307
November 29, 1983
November 29, 1983
83-973 of a 200 one year maintenance bond prior to acceptance by
(cont'd) the utility. Action requested: INSTRUCT THE AUDITOR TO
-- PA° THE MAINTENANCE BOND AMOUNT UPON RECZEPT OF SATISFACTOR°
CLAIM FORMS WITH MONIES COMING FROM THE INTEREST RECEIVED
FOR THE ASSESSMENT DISTRICT.
14. City of Chico agreement - an agreement authorizing the
County Health Officer to perform health and sanitation
services within the City of Chico which supersedes a similar
agreement dated August 15, 1949. Action requested:
APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN.
15. State Department of Water Resources/Northern District
agreement for a nitrate study - an agreement has been
prepared in the amount of $9,750 for additional work as
part of the nitrate sutdy in the Chico area which left
unanswered questions. Funding is from state revenues
being appropriated by budget transfer B-79. Action
requested: APPROVE CONTRACT AND AUTHORIZE THE CHAIR TO
SIGN.
MOTION: APPROVE.CONSENT AGENDA
S M
VOTE: 1 ~' 2° 3 y 4 V
Regular Agenda
5 ° (Unanimously carried)
83-974 Resolution revising office hours of the Butte County Library
(64) to be effective January 3, 1984.
MOTION: ADOPT RESOLUTION 83-194 AND AUTHORIZE THE CHAIR TO
SIGN.
S M
VOTE: 1 v 2 V 3 ~ 4 Y 5 ~ (Unanimously carried)
Page 308
November 29, 1983
November 29, 1983
83--975 Closed hearing - Board of Supervisors - proposed negative declara-
(92) Lion regarding environmental review and Code Amendment, A-2 to
____ be limiting residential densities in the district to those
density ranges specific in the Butte County General Plan.
(From 11/15/83)
MOTION: DENS ORDINANCE BEING PRESENTED; REFER IT BACK TO THE
PLANNING COMMISSION TO REINSTITUTE HEARINGS ON THE
SAME POLTC°, BUT EXPANDED TO COUNT°~-WIDE BASIS.
S M
VOTE: 1 y 2 N 3 Y 4 Y 5° (Motion carried)
83-976 Report to the Board relative to suggestion of committee to
(261) review the coun.ty's well drilling ordinance - Supervisor
Saraceni and Lynn Vanhart. (From 11/15/83}
MOTION: TO FORMALIZE COMMITTEE WITH THE NAMES LISTED ON MEMO
FROM L~'NN VANHART, DATED NOVEMBER 2$, 1983, A5
FOLLOWS: FRANK BRAZELL, W. J. BESSER, DAVID MOENCH,
TOM KRUSE, SUPERVISOR SARACENI AND LvNN VANHART.
M S
VOTE: l `t 2 V 3 V 4 V 5 y (Unanimously carried)
(COMMITTEE TO SUGGEST SUNSET DATE AFTER FIRST MEETING)
83-977 Report to the Board - Heidinger-sweet Nectar - referral from
(343) the Board to the Planning Commission. (From 6/7/83)
(CONTINUED TO DECEMBER 13, 1983)
83-978 Maintenance area benefit assessments - the Assessor, Auditor,
(368) and County Counsel have reviewed the flood control maintenance
area benefit assessment of Mr. Andrew J. Cook, together with
the process which generated the benefit assessments, and have
prepared recommendations for Board determination of adjustments
to certain benefit assessments this year and Board review of
the entire process for fiscal year 1984-$5. (CONTINUED TO
LATER TN THE MEETING)
Page 309
November 29, 1983
November 29, 1983
83-979 Report from the Deer Herd Study Panel and request to extend
(375} the sunset date of December 31, 1983.
MOTION: TO EXTEND THE SUNSET ON THE DEER HERD STUDY COMMITTEE
TO MARCH 31, 1983.
S M
VOTE: l Y 2 '~ 3 Y 4 Y 5 Y {Unanimously carried)
83-980 JTPA - Older Worker Grant - the Private Industry Council has
{464) developed a program under Title 11B to serve older workers
which will be considered by the PIC for approval November 28.
MOTION: AUTHORIZE THE APPLICATION FOR THE OLDER WORKER GRANT
TO BE SUBMITTED TO THE STATE
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
83--981 Maintenance area benefit assessments - the Assessor, Auditor
(491) and County Counsel have reviewed the flood control maintenance
area benefit assessment of Mr. Andrew J. Cook, together with the
process which generated the benefit assessments, and have
prepared recommendations for Board determination of adjustments
to certain benefit assessments this year and Board review of the
entire process for fiscal year 1984-85.
MOTION: PUBLIC NOTICE TO BE GIVEN THAT ANYONE BELIEVING THEIR
ASSESSMENT INAPPROPRIATE MAY NOTIFY THE CLERK OF THE
BOARD OF SUPERVISORS OF THEIR REASONS, IN WRITING, NO
LATER THAN DECEMBER 20, 1983.
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 '~ (Unanimously carried
(MATTER TO BE PLACED ON THE AGENDA OF JANUARY 10, 1983)
Page 310
November 29, 1983
November 29, 1983
MOTION: SET PUBLIC HEARING DATE FOR JANUARv 10, 1984, AT
10:15 TO DETERMINE LAND USE CATEGORIES AND FACTORS
-- FOR THE NEXT FISCAL YEAR.
M S
VOTE: l ~ 2 ~ 3 v 4 v 5 (Unanimously carried)
Rublic He'ar'ings and Timed I't'ems
$3-982 Report to the Board of Supervisors by the Butte County Economic
(1015) Development Corporation relative to third quarter 1983
Corporation activities. (INFORMATION. NO ACTION TAKEN.}
RECESS: 9:44 A,M.
RECONVENE: 10:07 A,M.
83-983 County Service Area No. 89 - Rock Creek Nord Area Drainage.
(1258) The Board of Supervisors initiated the formation of County
Service Area No. 89 by Resolution No. 83-13'7. The Butte County
Local Agency Formation Commission authorized the Board to
hold the formation hearing at their September 1, 1983, meeting.
(HEARING CLOSED. CONTINUED Z'O DECEMBER 6, 1983,)
RECESS: 10:44 A.M.
RECONVENE: 10:53 A.M.
83-984 Concow Reservoir reorganization - the Butte County Local. Agency
(2716} Formation Commission has approved the simultaneous annexation
of Concave Reservoir to the Thermalito Irrigation District and
** the Table Mountain Irrigation District and the Board of Super-
00 visors has been designated the conducting~,auhhority,
Rage 311
November 29, 1983
November 29, 1983
MOTION: CLOSED HEARING CONTINUED TO JANUARY 10, 1984.
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried}
83-985 Revised fee schedule - Public Works Subdivision Inspection.
(2571) (HEARING OPENED AND CONTINUED TO 2:45 TN THE AFTERNOON.)
83-986 Recognition of persons wishing to speak:
(2587)
1. Louis Camenzind, Jr. - regarding the possibility of requir-
ing water tanks for fire protection in the rural areas.
CLOSED SESSION: The Board recessed at 12:22 p.m. for three
General Assistance Fair Hearings: Case No. 04-91-51732;
Case No. 04-91-49672; and, Case No. 04-91-47275
RECONVENE: The Board reconvened at 2:14 p.m. following closed
sessions and a lunch break.
83-987 Continued hearing - Michael Heath and Thomas Stevens - appeal
(2734) of the Advisory Agency's approval of Richard P. Kelso tentative
~~~ subdivision map (item on which a negative declaration has been
000 recommended), AP 36-06-28 and 117, 64 lots, property located
1900 feet east of La Mirada on the northeast side of Mt. Ida
Road, Oroville area. (From 11/15/83)
SUPERVISOR MOSELEY ABSENT AT THIS TIME.
MOTION: THE GENERAL PLAN AND ZONING PRESENTLY IN EFFECT ALLOW
FOR THE DENSITY AND USE PROPOSED BY THE KELSO PROJECT.
ANY CHANGES THAT MAY OCCUR IN THE FUTURE WITH THE
GENERAL PLAN REVISION UNDER REVIEW B° THE PLANNING
COMMISSION FOR THIS AREA CANNOT BE. USED TO DETERMINE
CONFORMITY FOR THIS PROJECT NOW. THE SURROUNDING AREA
TS RESIDENTIAL IN NATURE WITH PARCEL SIZES RANGING
FROM A QUARTER ACRE TO 5 ACRES IN SIZE. THERE IS A
SUBDIVISION WITH QUARTER ACRE PARCELS ACROSS THE STREET.
I HAVE CHECKED WITH NORTH BURBANK PUBLIC UTILITY DISTRICT
AND THEY HAVE ASSURED ME THAT THERE IS SUFFICIENT
Page 312
November 22, 1983
Noy'emb'e'r'29, 1983
CAPACTT`j. _IN__.THE _SEWER_ LINE__T.O_ SERVE.;:THLS PROJECT.._ _ THE
PROJECT WILL HAVE TO INSTALL WHATEVER DRAINAGE FACILI-
TIES ARE REQUIRED TO PROVIDE A PERMANENT SOLUTION TO
DRAINAGE AS A CONDITION OF APPROVAL OF THE FINAL MAP.
PUBLIC WORKS CANNOT KNOW WHAT WILL BE REQUIRED-UNTIL
THE PROJECT IS ENGINEERED. THEREFORE, AN w' SPECIFIC
REQUIREMENTS WOULD ONL° BE GUESSING AS. TO WHAT WILL
BE NEEDED PRIOR TO THE PROJECT BEING ENGINEERED AND
WHV THERE IS CONDITION #I - SUBMIT ROAD AND DRAINAGE
PLANS TO PUBLIC WORKS FOR APPROVAL AND INSTALL THE
REQUIRED FACILITIES AND CONDITION #9 - PROVIDE PERMA-
NENT SOLUTION FOR DRAINAGE. FORM DRAINAGE MAINTENANCE
DISTRICT. I MOVE TO ADOPT A MITIGATED NEGATIVE
DECLARATION OF ENVIRONMENTAL IMPACT FOR THE RICHARD
KELSO SUBDIVISION ON MT. IDA ROAD, OROVTLLE, TO CREATE
64 LOTS ON AP 36-06-28 AND lI7 WITH THE MITIGATIONS
PROPOSED B~ THE BUTTE COUNTv ADVISORv AGENC~_' ON
OCTOBER 10, 19$3; AND FIND THAT THE PROJECT IS IN
CONFORMANCE WITH THE GENERAL PLAN AND ZONING AND WILL
NOT HAVE A SIGNIFICANT EFFECT ON THE ENVIRONMENT, AND
DENv THE APPEAL OF MICHAEL HEATH AND THOMAS STEVENS
AND APPROVE THE TENTATIVE SUBDIVISION MAP WITH PUBLIC
WORKS CONDITIONS 1 THROUGH 17 AND HEALTH DEPARTMENT
CONDITIONS 18 AND 19.
M
VOTE: 1 2 3 4 5
(MOTION DIES FOR LACK OF A SECOND. HEARING CONTINUED TO
DECEMBER 6, 1983 - CLOSED)
83--988 Report from Board committee (Dolan and Wheeler) regarding
(988) discussions with the Land Development Commission concerning
the Housing Element of the General Plan, the Comprehensive
Zoning Ordinance No. 1750, and the Subdivision Ordinance,
Butte County Code Chapter 20 which is presently under adoption
as revised. (From 11/22/83} (COMMITTEE UNABLE TO MEET WITH
COMMISSION AS PLANNED ON NOVEMBER 28. ANOTHER MEETING ARRANGED
FOR DECEMBER 5, AND REPORT BACK TO THE BOARD ON DECEMBER 6.)
Page 313
NoveTnber 22, 1983
No~rember 29, 1983
83-989 Revised fee schedule -- Public Works Subdivision Inspection.
(1263) (CONTINUED TO DECEMBER 6, AT 10:30 A.M.)
83-990 Communications
(1298)
1. William and Joanna Mazurek, Oroville - write commending
Public Works employees for correcting drainage problems
in the county right-of-way in their neighborhood along
16th Street. (INFORMATION)
2. Gladys Janes, Chico - supports the request for funding to
repair the break in the M & T levee along the Sacramento
River. (INFORMATION)
3. Omni Arts, Chico - submits a request asking that the Arts
Commission meetins be held in the evenings. {REFERRED
BACK TO THE ARTS COUNCIL FOR OPINION)
4. Chico 2000 -- writes submitting information relative to
the General Plan change in the Bell-Muir Avenue area.
(PERTAINS TO HEARING SCHEDULED FOR DECEMBER 13.)
5. City of Chico - Mayor Ory writes forwarding the city's
opposition to changes in the adopted county General Plan
in the area of Midway Orchards and the Be11-Muir Road area.
(PERTAINS TO HEARING SCHEDULED FOR DECEMBER 13.)
6. City of Chico - Mayor Ory writes forwarding information
relative to Lindo Channel improvements and requests input
from the county prior to meetings being held by the Inter-
governmental Relations Committee. {INFORMATION)
7. City of Chico - Thomas J. Lando, planning director, forwards
information concerning the amended Redevelopment Plan for
the Southeast Chico Redevelopment Project which was approved
by the City Council on November 15. (INFORMATION.)
83-991 Additional items to be discussed by Board members.
(1387 )
Appointment to Water Commission. - Supervisor Wheeler
Page 314
November 29, 1983
N~ot~ember 29, 1983
MOTION; APPOINT RICK CINQUINI, FROM CHICO, TO THE WATER
COA'1NITSSION,
M S
VOTE: 1° 2 V 3 V 4 AB 5 ~ (Motion carried)
2. Petitions received in opposition to a proposed Casinos Unlimited,
197 East Avenue, to be submitted to the Planning Commission.
- Supervisor Wheeler.
3. Letter received from Suzanne Roach, Postal Instant Press, Mangrove
Avenue, Chico, ,with concerns that her check for: payment of~taxeshad
not cleared the bank and County is contending she will be'charged a
penalty. - Supervisor Wheeler (CHIEF ADMINISTRATIVE
OFFICER TO INVESTIGATE AND REPORT BACK TO THE BOARD)
4. Request for authorization from the Board to have the
Administrative Office serve the secretary/staff .function
in conjunction with: Supervisor Saraceni's serving as
Chairman of the Governmental Operations Committee for
the Northern California Supervisors Association. -
Supervisor Saraceni
MOTION: APPROVE REQUEST.
M S
VOTE: 1 y 2 Y 3 ~' 4 AB 5 Y (Motion carried)
5. Request from Way to Independent Living for a waiver of
use permit fees. - Chair Dolan
(COUNSEL ASKED TO CONTINUE THIS MATTER TO DECEMBER 6, 1983)
CLOSED SESSION: The Board recessed at 3:18 p,m, for a closed
session on litigation.
RECONVENE: The Board reconvened at 3:38 p,m, following a
closed session on litigation, (NO ANNOUNCEMENTS)
Page 315
November 29, 1983
Navember~ 29, 1'9'83
ADJOURNMENT:' There being nothing further before the Board at
this time the meeting was adjourned at 3:39 p.m.
ATTEST:
MARTIN J. ICHOL
Chie A m'ni ra,i e O ficer and
Cle„~~ he Bo.'rd ;of supervisors
Page 3I6
November 29, 1983