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HomeMy WebLinkAboutM120683December 5, 1983 Call to order - Board of Supervisors Room, County Administration 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, deputy clerk of the Board, Pledge of allegiance to the Flag of the United States of America. Invocation - Supervisor Moseley 83-992 Additional items to be addressed at the end of the day: 1. Letter from Quentin Kopp regarding the Bach case. - Supervisor Wheeler. 2. Discussion of automobiles far Welfare Department. - Supervisor Wheeler. 3. Report from Water Committee, Northern California Super- visors Association meeting. - Supervisor Wheeler. 83-993 Changes in the consent agenda: 1. Remove: Budget transfer B-25 from item 3.02. Page 317 December 6, 1983 'De'c'eMb'er~ .6.,. 19'83 2. Add the following item: Parkside Estates Tentative Subdivision - appeal of condition 11 (provide permanent solution for drainage), AP 46--31-31 and 35, 8 lots, property located on the southeast side of Centennial Avenue, northeast of Manzanita Avenue, Chico area. Action requested: SET PUBLIC HEARING DATE FOR DECEMBER 20, 1983, AT 1:30 P.M. 83-994 Consent Agenda 1. Approval of minutes - November 22 and November 29, 1983. Action requested: APPROVE MINUTES. 2. Budget transfers. Action requested: APPROVE BUDGET TRANSFERS B-$0 AND B-81. 3. Robert M. Huskey.- an behalf of Nelson Galardi, appeals the Advisory Agency's denial of a tentative parcel map (item on which a mitigated negative declaration regarding environmental impact has been adopted), AP 62-39-03, three parcels, property located two miles northeast of the intersection of Seminole Drive and Oro-Quincy Highway, Berry Creek area. Action requested: SET PUBLIC HEARING DATE FOR DECEMBER 20 AT 10:00 A.M. 4. Lippincott-Guth Associates - on behalf of Jack Bailey, appeals Condition 12 (apply for and diligently pursue annexation to the Town of Paradise as requested by the Paradise Planning staff) for the Country Club Park Sub- division, AP 55-44-15, six parcels, property located approximately 1,200 feet east of the intersection of Pentz Road on the north side of Country Club Drive, Paradise. Action requested: .SET PUBLIC HEARING DATE FOR DECEMBER 20, 1983, AT 11:15 A.M. 5. Work Furlough Jail Facility - the Jail Construction Project Committee recommends that the Board of Supervisors authorize the Chief Administrative Officer to instruct the architect Page 318 December 6, 1983 December 6 , '19'83 83-994 for-the project to commence work in developing the neces- (Cont'd} sary plans-and specifications for the project and to work with the committee in developing a program statement for the facility. Action requested: APPROVE COMMITTEE RECOMMENDATIONS. 6. Superior Court microphones - Board action is necessary to authorize the acquisition of three microphones for the Superior Court public address system which have been classi- fied as fixed asset items. Budget transfer B-81 has been prepared to provide the necessary appropriation. Action requested: AUTHORIZE THE PURCHASE OF MICROPHONES. 7. 1983--84 final .budget document - the Chief Administrative Officer recommends the selling price of the final budget document to the public at a cost of $9.90, including sales tax. Action requested: ESTABLISH SELLING PRICE AT $9.90. 8. Claim - a claim has been submitted by Opal M. Finklein in the amount of $25,000 resulting from alleged damages brought about by noise being generated from the Sierra Pacific Millwork Division plant on Kusel Raad covering the period October 18 to November 29, 1983. Action requested: REJECT CLAIM AND REFER TO COUNTY COUNSEL AND THE RISK MANAGEMENT COORDINATOR. 9. Final map - Meadowood Commons Condominium Subdivision, AP 43-07-07, one parcel containing 14 units, property located on the north side of West 8th Avenue, 650 feet east of the Southern Pacific Railroad tracks, Chico area. Action requested: ACCEPT DEPOSIT BV THE DEVELOPER FOR $3,639.38 FOR TAXES OR SPECIAL ASSESSMENTS WHICH ARE A LIEN BUT NOT YET DUE OR PAYABLE, AND APPROVE THE FINAL MAP AUTHORIZING THE CHAIR TO SIGN THE SUBDIVISION AGREEMENT. 10. Amendment -~a Land Conservation Act agreements to add acreage on contracts for Kruth, Hosler, Roneys, Hosley, Skinner Ranch, Inc., Mathys, Carlos, LeFevre, Griffith, Lewis Orchards, Paiva, Clifford Mathys, Thomas Dowd, William Johnson, and Johnson and Smith. Action requested: APPROVE AMENDMENTS TO AGREEMENTS AND AUTHORIZE THE CHAIR TO SIGN. Page 319 December 6, 1983 De~cemb.e.r..6 , "1'9'8'3 83-994 11. United States Postal Service agreement amendment increases (Cont'd) the fee for individual Food Stamp issuance from $1.58 to $1.65 per transaction to be effective January 1, 19$4. Action requested: APPROVE CONTRACT AMENDMENT NO. 4 AND AUTHORIZE THE CHAIR TO SIGN, 12, Community Action Agency - Amendment 2 to Office of Economic Opportunity Contract 8300-004 in order to provide for the reallocation of funds to properly fund ongoing programs and to delete a proposed Chico Multi-Service Center from the overall work plan. Action requested: APPROVE AMEND- MENT 2 AND AUTHORIZE THE CHAIR TO SIGN, 13. Communicatons: a. Henry and Lucille DeBock - submit notification of inten- tion to not renew their contract under the Williamson Act as of 1984. Action requested: ACKNOWLEDGE RECEIPT OF LETTER AND REFER TO ASSESSOR AND PLANNING DEPARTMENT. b. Friends of Parks Board involvement in Park in downtown Oro' CHIEF ADMINISTRATIVE HOLDS NO INTEREST IN BOARD OF EDUCATION. of Oroville - submit a request for the reflection pool in the Bicentennial ville. Action requested: AUTHORIZE OFFICER TO SEND NOTIFICATION THE COUNT'' THE PROPERTv, HAVING DEEDED IT TO THE c. Nora M. Wiley, Gridley - submits a report of her acti- vities representing Butte County on the North State Cooperative Library System Advisory Board. Action requested: ACCEPT FOR INFORMATION, d. Friends of Gridley Branch Library - write requesting county involvement in implementation of plans to landscape the Gridley Branch Library. Action requested: REFER TO CHIEF ADMINISTRATIVE OFFICER TO WORK WITH LIBRARIAN, PUBLIC WORKS AND ORGANIZATIONS. e. State Wildlife Conservation Board - advises that the agreements with the county for operation and maintenance of public access sites on Lake Oroville (Dark Canyon, Old Nelson Bar, Vinton Gulch and Stringtown Road) terminate this month and the state will be maintaining these sites exclusively. Action requested: INFORMATION ONLv. Page 320 December 6, 1983 De'c~emb.er 6 , 19.83 83-994 14. Parkside Estates Tentative Subdivision - appeal of (Cont'd) Condition 11 (provide permanent solution for drainage), AP 46-31-31 and 35, 8 lots. property located on the southeast side of Centennial Avenue, northeast of Manzanita Avenue, Chico area. Action requested: SET PUBLIC HEARING DATE FOR DECEMBER 20, 1983, AT 1:30 P.M. MOTION: APPROVE CONSENT AGENDA S M VOTE: 1 t, 2 ~ 3 V 4 5 Y (Unanimously carried) Regular Agenda 83-995 Presentation by Lt. Dick Grey of the California Highway Patrol (100) introducing the new Area Commander for the Oroville CHP Office (Richard Fitzgerald). (CHAIR DOLAN WELCOMED THE AREA COMMANDER TO DUR COMMUNITY'. ) 83-996 Report by Planning Commissioner Otto Behunin regarding the (144) Airport Environs Plan around the Oroville Airport. (CONTINUED TO DECEMBER 13, 1983. SUPERVISOR MOSELEV ABSENT AT THIS TIME 83-997: Presentation of Chief Administrative Officer's status report on (148) recommendations relative to development fees for Chico schools. MOTION: SET PUBLIC HEARING DATE FOR JANUARY 10, 1984, AT 2:00 P.M. TO CONSIDER FINDINGS PURSUANT TO GOVERNMENT CODE §65971 and 65972 AND REQUEST THE SCHOOL DISTRICT TO APPEAR AND PRESENT A REPORT ON THEIR NECESSAR° FINDINGS. S M VOTE: 1 y 2 Y 3 y 4 AB 5 V (Motion carried) Page 321 December 6, 1983 Dec~emb'er 6, 1.9.83 SUPERVISOR MOSELEV RETURNS 83-998 North Chica sanitary sewer study - Public Works recommends (199) the Board authorize a master plan study for sanitary sewers for the unincorporated area north of Chico which would include a determination of feasible boundaries, collection and outfall systems including schematics or preliminary designs as well as financing alternatives. MOTION: AUTHORIZE PUBLIC WORKS TO INVITE PROPOSALS TO INCLUDE A RECOMMENDATION FOR FUNDING CONSIDERATION. M S VOTE: 1 '~ 2 v 3 v 4° 5 '~ (Unanimously carried) 83-999 Appointment of Butte County Director to the Northern California (278} County Supervisors Association. MOTION: APPOINT SUPERVISOR SARACENI M S VOTE; 1 y 2 V 3 Y 4 Y 5 ~' (Unanimously carried) 83-1000 Consideration of request from Way to Independent Living for a (292) waiver of use permit fees. (Supervisor Dolan - from 11/29/83) (CONTINUED TO DECEMBER 13, 1983} 83-1001 Closed hearing - Michael Health and Thomas Stevens - appeal of (305) the Advisory Agency's approval of 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. Ida Road, Oroville area. (From 11/29/83) Page 322 December 6, 1983 D'e'c emb~e~r '6 , '1'9'8 3 MOTION: I AM PREPARED TO GO AHEAD AND MAKE A MOTION THAT WOULD BE UTILIZING THE MINUTES ON PAGE 312 ON NOVEMBER 22, 19$3. (THE GENERAL PLAN AND ZONING PRES-~ ENTLY IN EFFECT ALLOW FOR THE DENSITY AND USE PROPOSED BV THE KELSO PROJECT. ANY CHANGES THAT MAY OCCUR TN THE FUTURE WITH THE GENERAL PLAN REVISION-UNDER REVIEW BY THE PLANNING COMMISSION FOR THTS AREA CANNOT BE USED TO DETERMINE CONFORMITY FOR THTS PROJECT NOW. THE SURROUNDING AREA IS RESIDENTIAL TN NATURE WITH PARCEL SIZES RANGING FROM A QUARTER ACRE TO 5 ACRES TN SIZE. THERE IS A SUBDIVISION WITH QUARTER ACRE PARCELS ACROSS THE STREET. I HAVE CHECKED WITH NORTH BURBANK PUBLIC UTTLTT~ DISTRICT AND THE:' HAVE A55URED ME THAT THERE IS SUFFICIENT CAPACITY IN THE SEWER LINE TO SERVE THIS PROJECT. AS FAR AS THE DRAINAGE QUESTION IS CONCERNED, T HAVE CHECKED ON THE PROCEDURE USED BY THE PUBLIC WORKS SUBDIVISION DEPARTMENT ON ALL SUBDIVISION MAPS. THE PROJECT WILL HAVE TO INSTALL WHATEVER DRAINAGE FACTLT-- TTES-ARE REQUIRED TO PROVIDE A PERMANENT SOLUTION TO DRAINAGE AS A CONDITION OF APPROVAL OF THE FINAL MAP. PUBLIC WORKS CANNOT KNOW WHAT WILL BE REQUIRED UNTIL THE PROJECT IS ENGINEERED. THEREFORE, ANY SPECIFIC REQUIREMENTS WOULD ONLY BE GUESSING AS TO WHAT WILL BE NEEDED PRIOR TO THE PROJECT BEING ENGINEERED AND WHY THERE IS CONDITION #1 - SUBMIT ROAD AND DRAINAGE PLANS TO PUBLIC WORKS FOR APPROVAL AND INSTALL THE REQUIRED FACILITIES AND CONDITION #9 - PROVIDE PERMANENT SOLUTION •FOR DRAINAGE. FORM DRAINAGE MAINTENANCE DISTRICT. I MOVE TO ADOPT A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR THE RICHARD KELSO SUBDIVISION ON MT. IDA ROAD, OROVILLE, TO CREATE 64 LOTS ON AP 36-- 0&-28 AND 117 WITH THE MITIGATIONS PROPOSED BY THE BUTTE COUNTV ADVTSOR~ AGENCY ON OCTOBER 10, 198.3, AND FIND THAT THE PROJECT TS TN CONFORMANCE WITH THE GENERAL PLAN AND ZONING AND WILL NOT HAVE A SIGNIFICANT EFFECT ON-THE ENVIRONMENT, AND DENY THE APPEAL OF MICHAEL HEATH AND THOMAS STEVENS AND APPROVE THE TENTATIVE SUBDIVISION MAP WITH PUBLIC WORKS CONDITIONS 1 THROUGH 17 AND HEALTH DEPARTMENT CONDITIONS I$ AND 19.} M S VOTE: 1 v 2 N 3 Y 4 Y 5 N (Nation carried) Page 323 December 6, 1983 D.ec'emb'er .6. 1983 83-1002 Closed hearing - County Service Area No. 89 - Rock Creek Nord (432) Area Drainage. The Board of Supervisors initiated the formation ~- of CSA #89 by Resolution No. 83-137. The Butte County Local Agency Formation Commission authorized the Board to hold the formation hearings at their September 1, 1983, meeting. (From 11/29/83) (CONTTNUED TO DECEMBER 13, 1983) RECESS: 9:37 A.M. RECONVENE: 9:47 A.M. 83-1003 Report from the Butte County Planning Commission acting as the (982) Airport Land Use Commission, clarifying their recommendation relative to representation of the City of Chico and Oroville as members. {RECOMMENDATION THAT THESE MEMBERS SIT AS VOTING MEMBERS ON THE AIRPORT LAND USE COMMISSION.} MOTION: ADD THE TWO MEMBERS, REPRESENTATIVE FROM THE CITv OF CHICO AND A REPRESENTATIVE FROM THE CIT° OF OROVILLE TO THE AIRPORT LAND USE COMMISSION. M S VOTE: 1° 2 Y 3 v 4 V 5 V (Unanimously carried) 83-1004 Request for Board policy interpretation of Butte County Code {1017) X24-20, Subparagraph 3d, regarding the number of dwelling units per parcel - Section 24-138 R-2 (duplex residential) zone. MOTION: IT TS THE BOARD'S INTERPRETATION THAT DWELLING GROUPS ARE AN ALLOWABLE USE IN R--2, THE SAME AS FOR R-3. M S VOTE: 1 ~' 2 y 3 v 4 v 5 (Unanimously carried} 83-1005. Report from Board Committee (Dolan and Wheeler) regarding dis- (1100) cussions 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 11/29/83) Page 324 December 6, 1983 D~e~c em'b~e r' 6 ~ 19 8 3 MOTION: DIRECT INITIATION OF HEARINGS FOR AN AMENDMENT TO CONSOLIDATE THE R-l, R--2, R-3 AND R-4 ZONES ESTABLISHING PERMITTED USES INCLUDING BUT NOT LIMITED TO DENSITIES AND DEVELOPMENT STANDARDS. S M VOTE: 1° 2 V 3 `~ 4~ 5~ (Unanimously carried 83--100. Report from Chief Administrative Officer on Project Independence. (1254} o MOTION: ADOPT RESOLUTION 83-195 SUPPORTING PROJECT TNDEPENDENCE~ AS A GOAL. M S VOTE: 1° 2 '~ 3 V 4 V 5 v (Unanimously carried) 83-1007, Report from Chief Administrative Officer on "Bring the Power Home" (1351) CSAC's three year work plan. MOTION: ACCEPT RECOMMENDATIONS FROM CHIEF ADMINISTRATIVE OFFICER IN HIS MEMO TO THE BOARD, DATED DECEMBER 2, 1983.AND ADOPT RESOLUTION 83-196. S M VOTE: 1 v 2 Y 3 `s 4 '~ 5 (Unanimously carried) Public Hearings and Timed 'I't'ems 83-1008 Mike Glaze - abandonment of public utilities easement - Copley (1447) Acres, Unit #2, Phase 1, Lots 7 and 8. MOTION: ADOPT RESOLUTION 83-197 APPROVING ABANDONMENT M S VOTE: l v 2 y 3 Y 4 v 5 Y (Unanimously carried} Page 325 December 6, 19$3 D~e~ceinber~ 6, 1983 83-1009 Merrill S. Cowee - request for variance to §19-10 and/or §19- {1470) 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 Charles E. Leman - request for variance to X19-10 and/or ~19- 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. Mr, and Mrs. B. E. Oskin - request far variance to X19-10 and/or ~I9-12 of the Butte County Code for placement of a mobile home on AP 21-I9-46, 870 Dewsnup Avenue, Gridley area; zoning: A-5. MOTION: APPROVE REQUESTS FOR VARIANCES. ... M S VOTE: 1 ~' 2 V 3 v 4 y 5° (Unanimously carried) 83-1010 Chapmantawn Community Development Block Grant - proposed negative (1507) declaration regarding environmental impact - the Board of Supervisors initiated a CDBG application for housing rehabili- tation and street improvement along "B," Beech, and Boucher Streets, environmental documents attached. MOTION: FIND THAT THE REQUIREMENTS OF CEQA HAVE BEEN COMPLETED AND CONSIDERED AND ADOPT A NEGATIVE DECLARATION; AND FIND THAT THE REQUIREMENTS OF N.E.P.A. HAVE BEEN COMPLETED AND CONSIDERED. AND ADOPT A FINDING OF NO SIGNIFICANT IMPACT; AND AUTHORIZE THE CHAIRMAN OF THE BOARD TO APPLv TO H.U.D. FOR A RELEASE OF FUNDS. M VOTE: l V 2 y 3 t' RECESS: 10:07 A.M. S 4 Y 5 ° (Unanimously carried) RECONVENE: 10:19 A.M. Page 326 December 6, 1983 De~cemb~e~r 6 , 1983 83-1011 Cont.inue~l hearing - R.F,C. Surveyors - on behalf of Carl Martel- (1591} laro, appeals the Advisgry Agency's denial of a tentative parcel map (item on which a negative declaration of environmenta impact has been recommended), AP 47-71-28, creating three parcels, one at 5.1 acres +, one at 6.2 acres +, and one at 8.7 acres + located on Batt Road, approximately 200 feet west o£ A-1 Road, Forest Ranch area. (From 11/15/83) (OPEN HEARING CONTINUED.. TO. DECEMBER.- 20, ~ 1983.,.- AT. 10s ~5- A.M., ) 83-1012 Additional item from Board member to be discussed: 1. Inquiry as to whether the county will observe Martin Luther King holiday in January. - Supervisor Fulton (MR. NICHOLS INFORMED THE BOARD THAT GOVERN91? HAD ISSUED AN EXECUTIVE ORDER NAMING THE THIRD MONDA° IN JANUAR" AS A GUBERNATORIAL PROCLAIMED HOLIDA~'. HE IS WORKING WITH COUNSEL TO DETERMINE IF THAT APPLIES TQ THE COUNT`r.) Pub'l'ic' Hearings and Timed Items 83-1013 Revised fee schedule - Public Works Subdivision Inspection. (2010) (Continued from 11/29/83) MOTION: APPROVE REVISED FEE SCHEDULE THAT WE HAVE TN FRONT OF US AS REQUESTED B° THIS BOARD ORTGINALL~_' SUBMITTED BY PUBLIC WORKS DIRECTOR THROUGH THE CHIEF ADMINISTRA- TIVE OFFICER. S M VOTE: 1 N 2 u 3 N 4 N 5 ~ (Motion failed) MOTION: TO TABLE AND. COME FORWARD LAND DEUELOPI M VOTE: 1 Y 2 N REFER TO THE ADMINISTRATIVE OFFICER TO WITH A REPORT ON THE ORGANIZATION OF:THE !SENT STUD PREVIOUSL'Y' DIRECTED B° THE BOARD. S 3 V 4 Y 5 N (Motion carried) Page 327 December 6, 1983 De~c~embe~r~ ~6 , 19'8 3 CLOSED SESSION: The Board recessed at 10:42 a.m. for a closed session on litigation RECONVENE: The Board reconvened at 11:03 a.m. (NO ANNOUNCMENTS) Public Hearings and Timed Items $3-1014 gecognition of persons wishing to speak: (2549) . 1. James Caswell -- presented petitions regarding noise ordinance. (CHAIR DOLAN INDICATED MATTER TO BE REFERRED TO COUNTY COUNSEL FOR RECOMMENDATIONS AND TO PLANNING DIRECTOR TO REVIEW THE NOISE ORDINANCE.) $3-1015 Additional item from Board member: 1. Correction to minute order 83-987.to reflect a sentence omitted which should have been included: "AS FAR AS THE DRAINAGE QUESTION IS CONCERNED, I HAVE CHECKED ON THE PROCEDURE USED BY THE PUBLIC WORKS SUBDIVISION DEPARTMENT ON ALL SUBDIVISION MAPS". - Supervisor Saraceni MOTION: AMEND MINUTE ORDER $3-9$7 TO INCLUDE THE SENTENCE. M S VOTE: l V ~2 NV 3 Y 4 Y 5 NV {Motion carried) Regular Agenda 83-1016 Consideration of response to Chico City Council's comments on urban development in the greater Chico urban area. (Supervisor Wheeler} Page 328 December 6, 1983 De~c~embe~z~ 6', 1~9~83 MOTION: ACCEPT SUPE RESPONSE TO ** DEVELOPMENT 00 . S VOTE: 1 ° 2 NV RVISOR WHEELER`S POSITION PAPER AS A CHICO CITE COUNCIL"S POSITION ON URBAN TN GREATER CHICO-URBAN AREA. M 3 v 4° 5 ~ (Motion carried) 83-1017 Additional items from Board members. (70) 1. Letter received from Mr. Kopp that the Supreme Court had .upheld the decision of the State Appelate Court regarding a lien placed upon her personal property.- - Supervisor Wheeler. 2. Discussion of automobiles for Welfare Department. - Supervisor Wheeler. (CONTINUED TO DECEMBER 13, 1983) 3. .Request for support in~b~ing nominated to the CSAC Water Task Force. - Supervisor Wheeler. MOTION: RECOMMEND SUPERVISOR WHEELER AS ONE OF THE TWO MEMBERS FROM NORTHERN CALIFORNIA SUPERVISORS ASSOCIATION TO THE WATER TASK FORCE. S M VOTE: 1 V 2 Y 3 y 4 ~' 5 ~' (Unanimously carried) CLOSED SESSION: The Board recessed at .11:20 a.m, for a closed session on litigation. RECONVENE: The Board reconvened at 11:36 a.m. following a closed session. (SEE FOLLOWING MINUTE ORDER) 83-1018 Report on closed session: Maxim Bach has filed lawsuit with multiple allegations against the county, Deputy County Counsel Mike Harvey and others. Counsel requests Board authorization for outside counsel for defense. Page 329 December 6, 1983 D~e~C~em'b'e r 6. ~ 19 8 3 MOTION: APPROVE ACTION AS REQUESTED. __ _ M S VOTE: 1° 2 V 3° 4 Y 5° (Unanimously carried} 83-lOlg Additional items from Board members: 1. A request to correct the minutes of November 29, 1983, minute order 83-979 to reflect the sunset date for the Deer Herd Study Committee is March 31, 1984, not 1983. - Chair Dolan MOTION: AMEND MINUTES AS REQUESTED. M S VOTE: 1° 2 y 3 Y 4 ~' 5 v (Unanimously carried) ADJOURNMENT: There being nothing further before the Board at this time the meeting was adjourned at 11:37 a.m. AT` MA] Ch: ClE By rage .s.su December 6, 1983