HomeMy WebLinkAboutM121383December 13, 1983
Call to order - Board of Supervisors Room, County Administra-
tion 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--1020 Additional items to be addressed at the end of the day:
1. Announcement from North Chico Volunteer fire Fighters. -
Chair Dolan
83-1021 Items removed from the consent agenda for separate consideration:
1. Report to the Board - Drake/Isom (Canyon Park Estates)
denied rezone (item on which an environmental impact report
was previously certified) from A-2 (general and S-H (scenic
highway) to S-R (suburban residential) and R-C (resource
conservation} on property located east of Highway 32 and
on the east side of Humboldt Road, five miles northeast
from Highway 99E, identified as AP 46-35-04, 23; 46-71-~17,
18 (ptn), Chico.
2. Report to the Board from the County Fire Warden concerning
the Paul and Cecilia Neil request for reimbursement of
finds paid into the fire hydrant installation fund.
Page 331
December 13, 1983
December 13, 1983
3. Salary Ordinance Amendment - the Ordinance makes technical
changes increasing salaries of Municipal and Superior
---- Court Judges and establishes a welfare investigator I
trainee classification for career development, and adds
a management position to Public Health.
83-1022
Consent Agenda
1. Approval of minutes - December 5, 1983, Action regeusted:
APPROVE MINUTES.
2. Budget transfers. Action requested: APPROVE BUDGET
TRANSFERS B-25, B-86, B-87, B-88 AND B-89.
3. Charles F. Lucas - request for variance to X19-IO and/or
§19-12 of the Butte County Cade for placement of a mobile
home on AP 21-19-39, 900 Dewsnup Avenue, Gridley area;
zoning: A-5. Action requested: SET PUBLIC bi,EARING FOR
JANUAR° 10, 1984, AT 10:00 A.M.
4. Sylvester Bazilius - rezone (item determined to be cate-
gorically exempt from environmental review} from A-R
(agricultural residential) to AR~-MH (agricultural residential-
mobile home) located an the west side of Autrey Lane (V-C
Road), approximately 130 feet south of Oak Knoll Way,
identified as AP 36-074-10, Oroville. Action requested:
SET PUBLIC HEARING FOR JANUAR° 10, 1984, AT 10:30 A.M.
5. County Service Area No. 91 - WACO Development (Street
Lighting) - the Butte County Local Agency Formation
Commission has approved the formation of a street lighting
district in the Lindo West Subdivision which was initiated
by a petition from the two Chico Supervisors. Action
requested: ADOPT RESOLUTION 83-198 SETTING PUBLIC HEARING
DATE FOR JANUAR`~ 24, 1984, AT 10:00 A.M.
6. Award of bid - transit buses - bids have been opened for the
purchase of two 40-foot transit buses for Butte County
Transit with the law bidder being Gillig Corporation of
Hayward. The buses, together with two bicycle racks and
Page 332
December 13, 1983
s3-1022
(Cont'd)
December 13, 1983
six extra seat cushions, total $414,717,60, including
sales tax, Action requested: AWARD SID AND ADDITIONAL
EQUIPMENT AS IDENTIFIED.
7. Purchase of vehicles - Welfare Department - the Board's
Committee recommends authorizing the purchase of four
automobiles at a cost of $24,000 with funding coming from
proposed savings as identified by the Welfare Director.
Action requested: AUTHORIZE ACQUISITION OF VEHICLES.
8. Donation of equipment - North Chico Volunteer Fire Company
donating a 1973 one-ton Dodge fire service salvage van.
Action requested: ACCEPT THE DONATION.
9. Planning Commissioner - reimbursement for out-of-county
expenses for California County Planning Commissioners Asso-
ciation meeting of January 8, 19$3, and California County
Planning Commissioners Association Central District meeting
of May 22, 1983. Action requested: APPROVE COMMISSIONER
LAMBERT'S CLAIM IN THE AMOUNT OF $374.
10. Revenue Sharing - statement of assurances to comply with
the provisions of the Revenue Sharing Act, 31 U.S.C.
6701-6724. Action requested: APPROVE STATEMENT OF
ASSURANCES AND AUTHORIZE THE CHAIR TO SIGN.
11. Resolution increasing Clerk filing fees pursuant to Assembly
Bill 243 for the purpose of micrographics for the Clerk's
Office to be effective January 1, 1984, and to continue
until January 1, 1988. Action requested: ADOPT RESOLUTION
83-199 INCREASING FEES AND AUTHORIZE THE CHAIR TO SIGN.
12.~. Resolution supporting House Resolution 4170 removing the
employer pickup provisions on Social Security payroll
contributions. Action requested: ADOPT RESOLUTION
83-200 AND AUTHORIZE THE CHAIR TO SIGN.
13. Unemployment Insurance Agreement Amendment - a renewal
agreement has been prepared with the firm of Reed, Roberts
and Company covering unemployment insurance administration
which reduces the cost from $1.80 per year for each full time
employee to $1.26. Action requested: APPROVE CONTRACT
AND AUTHORIZE THE CHAIR TO SIGN.
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December 13, 1983
Decem'be'r 13, 1983
83-1022
(Cont'd) 14. Economic development study - the Private Industry Council
recommends awarding of a contract for a countywide economic
development study to Stanford Research International.
Action requested: APPROVE CONTRACT AND AUTHORIZE THE CHAIR
TO SIGN.
15. Bidwell Wildlife Rehabilitation Center Agreement - an
agreement has been prepared in the amount of $1,500 (Fish
and Game propagation funds) covering miscellaneous expenses
in providing for the care of wild animals. Contract covers
the period through June 30, 1984. Action requested:
APPROVE CONTRACT AND AUTHORIZE THE CHAIR TO SIGN.
16. 1983-84 Oil and Gas Appraisal Contract - an agreement has
been prepared with Harold W. Berthold, Inc., to provide
for technical oil and gas appraisals as may be necessary
for the Assessor. The contract covers the period July 1,
19$3, through June 30, 1984, and is in the amount of
$4,785. Action requested: APPROVE CONTRACT AND AUTHORIZE
THE CHAIR TO SIGN.
17. Agricultural Commissioner -
ment 5056 increasing subven
$2,237 (see budget transfer
implementation of pesticide
county. Action requested:
THE CHAIR TO SIGN.
Amendment 1 to Standard Agree-
tion funds in the amount of
8-87) for the enforcement and
permit regulations within the
APPROVE AMENDMENT AND AUTHORIZE
18. State funded computer equipment - Board authorization is
necessary to acquire computer equipment compatible with
state processing needs in implementing and maintaining
systems pertaining to pesticide use enforcement between
counties and the State Department of Food and Agriculture.
Action requested: AUTHORIZE ACQUISITION OF EQUIPMENT.
I9. Amendment 1 to State Water Resources Control Board Contract
No. 2-083-158-1 covering modifications to the nitrate study
grant which extends the contract period from September 30,
1983, to January 1, 1984, and amends various budget line
items in the grant without a change in the overall grant
amount. Action requested: APPROVE AMENDMENT AND AUTHORIZE
THE CHAIR TO SIGN.
Page 334
December 13, 1983
December 13, 1983
83-1022 20. Claim for indemnity or contribution from Willis Charles
(Cont'd) Ackzien as part of the action entitled Phillip Eugene
Savage and Peggy Savage, Plaintiffs, vs. Wi11is Charles
-- - Ackzien, et al. Action requested: REJECT CLAIM AND REFER
TO COUNTY COUNSEL AND RISK MANAGEMENT COORDINATOR.
21. Communications.
a. Joseph F. McGie - on behalf of the Butte County Coordina-
ting Council for the Developmentally Disabled requests that
the Board send a letter recognizing the leadership and
dedicated work of Barrie Dyer far his leadership of the
Council. Action requested: AUTHORIZE LETTER TO BE SENT.
b. William Wobbe, Oroville - writes expressing appreciation
to Public Works road crews for maintenance activities in
the Big Bend Road area. Action requested: INFORMATION
ONLv.
c. Shirley Smithey, Oroville - requests clarification of
her appeal relative to the Advisory Agency's conditions on
a tentative parcel map relating to a deposit to the Swede's
Flat Road fund, AP 28-17-83, property located on the north
side of Obert Drive, 1,300 feet east of Stoney Oaks Boulevard,
Swede's Flat area which was discussed at a March 15, 1983,
hearing. Action requested: REFER TO PUBLIC WORKS DEPART-
MENT FOR REPORT TO CHIEF ADMINISTRATIVE OFFICER.
d, Chico Community Hospital - writes supporting the need
far improving the intersection at Rio Lindo and Cohasset
Roads, and at the off ramp for Cohasset Road (north) and
Highway 99. Action requested: REFER TO PUBLIC WORKS
DEPARTMENT FOR RESPONSE IN ACCORDANCE WITH BOARD POLICY.
e. Kathy Hickam, Chico - writes regarding problems en-
countered with the District Attorney's Family Support Division.
Action requested: INFORMATION.
f. Will Mattly, District Attorney - writes providing
clarifying information regarding the complaint of Kathy
Hickam. Action requested: INFORMATION.
Page 335
December 13, 1983
December 13, 1983
g. U.S. Department of Labor ~- two letters have been received
relative to final determinations reached as part of the
CETA grant audits and incident report and advise of the
debt delinquency and the daily penalty that is accruing.
Action requested: REFER TO THE MANPOWER DIRECTOR FOR A
REPORT TO THE CHIEF ADMINISTRATIVE OFFICER.
MOTION: APPROVE CONSENT AGENDA
S M
VOTE: 1~ 2 Y 3 Y 4 5 `_' (Unanimously carried)
83-1023 Report to the Board - Drake/Isom {Canyon Park Estates} ~-
(47) denied rezone (item on which an environmental impact report
was previously certified) from A~-2 (general) and S-H (scenic
highway) to S-R (suburban residential) and R-~C (resource
conservation} on property located east of Highway 32 and
on the east side of Humboldt Road, five males northeast
from Highway 99E, identified as AP 46-35-04, 23; 46~-71-17, 18
(ptn), Chaco. (JERE BOLSTER PRESENTED THE BOARD WITH A LETTER
APPEALING THE DENIED REZONE.)
MOTION:
VOTE:
83-1024 Report t~
(101) Paul and
into the
DECEMBER
SET HEP.RING DATE FOR JANUARv 10, 1984, AT 10:45 A.M.
S M
1° 2 v 3 '~ 4 Y 5 (Unanimously carried}
~ the Board from the County Fire Warden concerning the
Cecilia Neil request far reimbursement of funds paid
fire hydrant installation fund. (CONTINUED TO
20, AT THE REQUEST OF COUNTS COUNSEL.)
$3~-1025 Salary Ordinance Amendment - the Ordinance makes technical
(122} changes increasing salaries of Municipal and Superior Court
Page 336
December 13, 1983
December 13, 1983
Judges and establishes a welfare investigator I trainee
classification for career development, and adds a management
position to Public Health.
MOTION: WAIVE FIRST READING
M S
VOTE; l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
Regular Agenda
83-1026 Report by Planning Commissioner Otto Behunin regarding the
(155) Airport Environs Plan around Oroville Airport. (MR. BEHUNIN
REQUESTED THAT THE BOARD HELP TN RESTRICTING SINGLE DWELLING
UNITS TN THE AIRPORT AREA. MATTER TO BE CONSIDERED AT HEARING
BEING SET BY BOARD ON OROVILLE AREA LAND USE PLAN TO BE HELD
ON JANUARY 17, 1984.)
83-1027 Oroville Area Land Use Plan - Amendment to the Butte County
354) General Plan and subsequent consistent rezoning (draft supple-
mental environmental impact report and an EIR prepared to the
City of Oroville`s General Plan on which the supplement is
based).
MOTION: SET PUBLIC HEARING ON THE
FOR JANUARY 17, 1984, AT
M
VOTE : l Y 2 Y 3 Y 4 Y
83-1028 Urgency Ordinance Amending Section
(445) Relative to Taxation.
GENERAL PLAN AND THE REZONE
~.:3a P.M.
S
5 v (Unanimously carried)
21 of the Butte County Code
MOTION: ADOPT URGENCY ORDINANCE 2382.
S ~M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
Page 337
December 13, 1983
December I.3, 19.83
83-1029
Community Action Agency - request far advancement of county
funds and interim funding request:
A. Contract 83-834-505 (Department of Energy Weatherization)
which was originally approved for $27,243 in September 1983
and subsequent amendments totalling $75,000.
B. Contract 833-34--104 (Energy Crisis Intervention) a new
contract for $50,644 where advance funds of $19,000 have been
received but anticipated excess expenditures are anticipated.
C. Community Service Block Grant Program interim funding up
to a maximum of $20,000,
MOTION: GRANT ADVANCEMENT OF FUNDS AND DIRECT ADMINISTRATIVE
OFFICE TO COORDINATE A LETTER WITH MR. THOMPSON TO BE
SENT TO THE STATE OFFICE OF ECONOMIC OPPORTUNITY
EXPRESSING CONCERNS OF THE BOARD RELATIVE TO ADVANCING
GENERAL FUNDS FOR STATE-MANDATED PROGRAMS,
M S
VOTE: 1 Y 2 Y 3 Y 4 Y 5.Y (Unanimously carried)
83-1030 Closed hearing - County Service Area No. 89 - Rock Creek Nord
(405) 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.
MOTION: 1. AUTHORIZE PUBLIC WORKS TO RETAIN AN ENGINEER TO
DEVELOP A PLAN FOR THE INTERNAL DRAINAGE MAINTENANCE.
2. ADOPT RESOLUTION 83-201 MAKING APPLICATION TO LAFCO
~ EXTEND COL1N'.PA' SERVICE AREA 89 AUTH(JRITY TO INCLUDE FLOOD CONTROL,
3. APPOINT A CITIZENS COMMITTEE REPRESENTATIVE OF
AREAS EAST AND WEST, WITH SUPERVISOR WHEELER TO
RECOMMEND THOSE FROM THE EAST SIDE AND SUPERVISOR
DOLAN TO RECOMMEND THE WEST SIDE, TO RECOMMEND TO THE
BOARD A WAY TO PROCEED WITH FLOOD CONTROL.
Page 338
December 13, 1983.
December 13, 1983
4. DIRECT PUBLIC WORKS TO COORDINATE WITH PROPERTY
OWNERS TO ALLEVIATE PONDTNG AND FLOODING IN THE
FOLLOWING AREAS, THIS LJINTER IF POSSIBLE:
A. NORD HIGHWAY AND HOSLER LANE;
B. NORD HIGHWAY AND CARMEN/VICTOR LANE RAILROAD
TRACKS; AND,
C. HAMILTON/NORD/CANA HIGHWAY AS IT APPROACHES
TOWN TO THE NORTH,
M S
VOTE: ~. ° 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
(FORMA~i'ION OF CSA 89 CONTINUED TO APRIL 17, 1984,._PENDTNG OUTCOME OF
EFFORT PROPOSED IN MOTION.)
RECESS: 9:42 A.M.
RECONVENE: 10:01 A.M,
Public Hearings and Tamed- Items
83-1031 Jack M. and Betty Hendershot - request for variance to §19-10
(1099) and/or X19-12 of the Butte County Code for placement of a mobile
home on AP 27-10-002, 7415 Reservoir Road, Oroville area;
zoning: A-5.
MOTION: APPROVE VARIANCE.
M S
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y {Unanimously carried)
83--1032 Board of Supervisors - proposed negative declaration regarding
(1130) environmental impact and rezone from A-2 to A-R, N-C or C-l,
M-1, M--2 and P-Q, Chapmantown area.
Page 339
December 13, 1983
December 13, 1983
MOTION: ADOPT ORDINANCE 2383 APPROVING REZONE FROM A-2 TO A-R,
N-C, M-l, M-2 AND P-Q, AS PER EXHIBIT '7a"MAP OF CHAPMAN-
TOWN AREA NOTING THE PREVIOUSLY CERTIFIED ENVIRONMENTAL
- -- - IMPACT REPORT AND FINDING THE PROPOSED REZONE CONFORMS
TO THE BUTTE COUNTY GENERAL PLAN, TEXT AND MAP OF THE
CHICO AREA.
S M
VOTE : 1 2 3 4 5
MOTION TO AMEND: EXCLUDE THOSE PROPERTIES WITHIN THE COUNTY
BOUNDED BY EAST 8TH AND EAST 9TH, BARTLETT AND THE
FREEWAY.
M S
VOTE: 1 Y 2 N 3 Y 4 Y 5 Y (Motion carried}
VOTE ON ORIGINAL MOTION APPROVING REZONE (ORDINANCE 2383):
UNANIMOUSLY CARRIED.
RECESS: 10:24 A.M.
RECONVENE: 10:42 A.M.
83-1033 Bachman & Associates - on behalf of William St. Clair and John
(1906) Shelton - amendment to Ravenwood PAC (item on which there are
supplements to a previously certified environmental impact
report) to rezone from SR-1 (suburban residential one acre
** parcels) to PA-C (planned area cluster) to allow the installation
00 of a package sewer treatment plant utilizing spray irrigation
of waste water far eucalyptus trees to be planted over the
remainder of the 75 acres, AP 44-04-100 and 101, Chico area.
(CONTINUED TO JANUARY 17, 1984.)
RECESS: 11:58 A.M.
RECONVENE: 12:10 P.M.
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December 13, 1983
December 13, 1983
83-1034 Recognition of persons wishing to speak:
(1361)
--- 1. Don Blake - regarding condition on Oakdale Terrace
Subdivision. {MATTER TO BE SET FOR HEARING
LATER IN THE DA~1' . )
2. Adele Higgins - regarding voter registration lists and
their inaccuracies.
3. Oren Hampton - regarding flooding conditions an Gianella
because of levees being built adjacent to the
road. (REFERRED TO COUNTY COUNSEL AND PUBLIC
WORKS TO DETERMINE LEGALITY OF LEVEES.)
4. Rod Weyand - requesting Neet and Confer regarding Martin
Luther King holiday. (REQUEST REFERRED TO
NEGOTIATORS.)
5. Del E11is - requesting county assistance with truck and
driver to help volunteer workers in clean-up
project.
MOTION: DIRECT PUBLIC WORKS TO PICK UP THE WORKERS, BRING THEM
OUT, DROP THEM OFF IN THE MORNING, PICK THEM UP IN THE
EVENING AND ASSIST WITH A DUMP TRUCK TO PICK UP WHAT
THEY CLEAN UP OUT OF THOSE DITCHES WHEREVER THEE? ARE
WORKING.
M S
VOTE: l ~' 2 Y 3 `~ 4 V 5 ~ (Unanimously carried)
83-1035 Butte County Board of Supervisors - consideration of an amendment
(2624) to the Land Use Element of the Butte County General Plan pursuant
to Government Code X65356.1 The proposed amendment is to revise
zoning policies applicable to the Chico Area Land Use Plan,
~~`~ specifically, ~G {page 73 of the LUE) , items a) 1) .
000 (From 11/22/83)
Butte County Baard of Supervisors - amendment to the Chico Area
Lane Use Plan Greenline Policy - Study Area No. 1 for the Bell-
Muir area - File No. 83-87. (From 11/22/83)
(HEARING CLOSED. CONTINUED TO DECEMBER 20, 1983, FOR ACTION.)
Page 341
December 13, 1983
December 13, 1983
Regular Agenda
83-1036 Report to the Board - Heidinger-Sweet Nectar - referral from
(272) the Board to the Planning Commission. (From 11/29/83)
(CONTINUED TO DECEMBER 20, 1983, IN ORDER TO REVIEW THE RECORD.)
83-1037 Consideration of request from way to Independent Living for a
(880) waiver of use permit fees. (Supervisor Dolan from 12/6/83).
MOTION: WAIVE FEES
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y {Unanimously carried)
CLOSED SESSION: The Board recessed at 1:11 p.m, for closed
session on two General Assistance Fair Hearings,
(Case No. 04-91-51732, fromll/29/83, and Case No.
04-91-47275, from 11/29/83), and also litigation. (SEE
FOLLOWING MINUTE ORDER.
RECONVENE: 3:15 p.m.
83-1038 Report on closed session: County Counsel requested authorization
to retain outside counsel to represent the county's
interest in the SCT lawsuit, because of conflict.
MOTION: AUTHORIZATION TO RETAIN OUTSIDE COUNSEL.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
83-1039 Don Blake request for clarification of condition on Ted Crovello
subdivision map {Continued from earlier in the meeting, Minute
Order # 83-1034). {APPEAL SET FOR HEARING JANUARY 10, 1983,
AT 10:00 a.m.)
Page 342
December 13, 19$3
December 13, 1983
83-1040 Additional items from Board members:
Announcement that North Chico Volunteer Fire Fighters had
raised $19,125 toward a water truck, and with other contributions
now have enough to purchase the truck. - Chair Dolan.
(LETTER OF CONGRATULATIONS TO BE SENT.)
ADJOURNMENT: There being nothing further before the Board at
this time the meeting was adjourned at 3:20 p.m.
f
Char, Board of .Supervisors
ATTEST:
MARTIN J. NZCHOL
Chief n tr tive fice~ a
Cler~h~B ~.x.d
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December 13, 1.983