HomeMy WebLinkAboutM121482MINUTES
December 14, 1982
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HILDA WHEELER, 7rd DEasriet. CHAIRMAN
AL 9ARACENI. Ist Distriee
JANE DOLAN, tad District
BERTHA MO5ELEY, nth Dtaseice
LEN FULTON. 5th Dirtriet
Ca11 to order - Board of Supervisors room, County Administration
Center, 25 County Center Drive, Oroville, California.
Present: Supervisors Dolan, Fulton, Moseley, Saraceni and Chairman
Wheeler; Mike Pyeatt, interim administrative officer; Del Siemsen,
county counsel; end Eleanor M. Becker, county clerk, by Rubye
Townsley, deputy clerk.
Pledge of allegiance to the Flag of the United States of America
Invocation (Supervisor Moseley)
Supervisor Saraceni introduced two visitors at this time:
his sister Lucille Whitney and his aunt Virginia Craig.
Recess: The Board recessed for closed session at 9:02 a.m.
Reconvene: The Board reconvened following closed session on personnel matters.
. (ANNOUNCEMENT THAT WRITTEN FINDINGS CONCERNING THE HEARING ON
DECEMBER 9, 1982, WILL BE FORTHCOMING AS SOON AS THEY ARE
TYPED)
82-1618 Approval of minutes - December 7, 1982 (CONTINUED UNTIL
DECEMBER 21, 1982)
82-1619 Additional items from Board members to be addressed at the
end of the day.
1. Policy recommended by the Fish and Game Committee -
Supervisor Saraceni
2. Recognition of a champion - Supervisor Saraceni.
82-1620 Items pulled from the agenda for separate consideration:
Award of bid - vehicles. Bids have been opened for the
purchase of five trucks with all low bidders meeting our
specifications.
Mr. Joe Ingolia - AP 50-26-06, Stark Lane, Paradise, requests
direction regarding his building and septic tanks.' CTO BE
DISCUSSED AT THE 11:00"HOUR)
Memorandum of Understanding - the BCEA/SEIU Local 916
advises that their membership has ratified the Memorandum
of Understanding as reached earlier by the negotiators.
(CONTINUED TO JANUARY 11, 1983)
82-1621 Consent Agenda
Budget transfers. Action requested: APPROVE BUDGET TRANSFERS
Award of bid - loader mounted snowplow. Bids were opened for the
purchase and installation of a snowplow attachement for a Cater--
piller loader for Public Works. The low bidder does not meet our
specifications, therefore it is recommended that the bid be awarded
BOARD OF SUPERVfSORS
Page 400.
December 14, 1982
December 14, 1932
to the second low bidder. Action requested: AWARD THE SNOWPLOW
BID INCLUDING CONTROLS AND INSTALLATION TO NORTHSTATE EQUIPMENT,
INC. TN THE AMOUNT OF $7,733 INCLUDING SALES TAX.
The Director of Libraries requests acceptance of a donation of
$100 to the Butte County Library Trust from Marjorie W. O'Brien,
Oroville, to be used to purchase new library books. Action requested:
ACCEPT DONATION IN ACCORDANCE WITH GOVERNMENT CODE SECTION 23555.
A. E. Baker - abandonment of a portion of Yuba Avenue, southwest
side of Grand Avenue, approximately 500 feet east of 10th Street,
AP 31-25-4-12, 31-25-01, 31-25-4-11, Thermalito. Action requested:
ADOPT RESOLUTION 82-187 SETTING A PUBLIC HEARING DATE OF
JANUARY 11, 1983, AT 10:00 A.M.
Eldon and Margaret Richert - proposed negative declaration regarding
environmental impact and rezone from "A-5" (agricultural - 5 acre
parcels) to "SR-1" (suburban residential - 1 acre parcels) on
property located on the south side of Cummings Zane, approximately
600 feet west of Lott Road, identified as AP 40-16--18, Durham.
Action requested: SET PUBLIC HEARING FOR JANUARY 18, 1983, AT
10:00 A.M.
Report to the Board - Carl & Kris Herrmann - denied rezone (item
on which an environmental impact report was previously certified)
from "A-20" (agricultural - 20 acre parcels) to "A-5" (agricultural
5 acre parcels) on progerty located on the northwest cornier of
Nord Highway and Hosler Avenue, identified as AP 44-03-33, northwest
of Chico. (INFORMATION ONLY)
Contract amendment for the North Valiey Parent Education Network
providing advance payment from the State Department of Alcohol
and Drug Program - $5,000. Action requested: APPROVE AMENDMENT.
Contract amendment fox Community Living Centers (Creekside)
provides for an increasing contract amount of $7,915 and changes
wording regarding vacancy factor. Action requested: APPROVE
CONTRACT AMENDMENT.
Resolution transferring from Nor Cal Cablevision, Inc., to Viacom
Cablevision of Northern California a non-exclusive license to
construct, operate and maintain a community television system in
the County of Butte, surrounding the cities of Biggs, Gridley,
Oroville and Town of Paradise. Action requested: ADOPT
RESOLUTION 82-188.
The Treasurer-Tax Collector recommends approval of a request for
penalty relief. Action requested: APPROVE REQUEST FOR PENALTY
RELIEF, AP 945-01-1-017-0.
Butte County Fair - proposed budget for 1983. Action requested:
APPROVE PROPOSED BUDGET.
AB 1733 Child Abuse Grant. Action requested: AUTHORIZE SUBMISSION
OF NOTIFICATION OF INTENTION TO ADMINISTER THE BUTTE COUNTY ALLOCA-
TION IN THE ANTICIPATED AMOUNT OF $88,613; AUTHORIZE THE CHAIRMAN
TO SIGN THE NOTICE OF INTENTION: APPROVE THE USE OF THE SOCIAL
SERVICE CLARINCHOUSE COMMITTEE FOR THE PURPOSE OF AB 1733 CLEARING-
HOUSE ACTIVITIES: APPROVE ADDITIONAL MEMBERSHIP TO THE SOCIAL
SERVICES CLEARINGHOUSE COMMITTEE OF REPRESENTATIVES FROM THE
_.. ..
SUPERINTENDENT OF SCHOOLS AND CHILD ABUSE STEERING COMMITTEE.
Page 401.
December 14, 1982
December 14, 1982
The 1983 Headstart Grant has not yet been received, but it is
expected. Action requested: AUTHORIZE CONTINUANCE OF HEADSTART
PROGRAM PENDING RECEIPT OF THE 19$3 HEADSTART GRANT.
1983 Community Services Block Grant contract - the state has pro-
vided preliminary approval of the 1983 Community Services Block
Grant proposal. Action requested: ADOPT RESOLUTION 82-189
APPROVING THE CONTRACT AND AUTHORIZE CONTINUED OPERATION OF THE
PROGRAM PENDING STATE APPROVAL.
Community Action Agency requests authority to replace a copier
and two typewriters which were stolen from the Spencer Street
Center. Action requested: AUTHORIZE USE OF INSURANCE SETTLEMENT
TO PURCHASE REPLACEMENT EQUIPMENT NOT EXCEEDING $2,300.
CETA assessment - the FY 1981-82 fourth quarter assessment of the
CETA Program by the Department of Labor has been reviewed by staff
and a recommended response prepared. Action requested: CONCUR
WITH STAFF REPORT AND AUTHORIZE THE CHAIRMAN TO SIGN THE RESPONSE
LETTER.
Summary abandonment of surplus land - a Resolution of Summary
Abandonment has been prepared for a portion of Chico Canyon Road
adjacent to AP 4b-30-90, Chico, that is no longer needed for road
purposes. Action requested: ADOPT RESOLUTION 82-190 AND AUTHORIZE
CHAIRMAN TO SIGN.
Sale and quitclaim deed of surplus land - an Agreement for Sale
of surplus land has been prepared with Joe and Donald Lee, together
with a quitclaim deed, conveying surplus land on Chico Canyon Road
adjacent to AP 46-30-90 which is no longer needed for road purposes.
The adjacent property owner on the south side of this surplus
property has stated no interest in acquiring this property.
Action requested: APPROVE AGREEMENT OF SALE AND QUITCLAIM DEED
CONVEYING SURPLUS PROPERTY TO JOE AND DONALD LEE AND AUTHORIZE
CHAIRMAN TO SIGN.
Final map for Cambridge Condominiums, on lot, northeast side of
State Highway 32, 300 feet northwest of Stewart Avenue, Chico area..-
performance, labor and materials, and maintenance bonds have been
provided to guarantee construction and maintenance of the required
improvements. There are no taxes or special assessments which are
a lien but not yet payable. Action requested: NOTE THERE ARE
NO TAXES OR SPECIAL ASSESSMENTS, APPROVE FINAL MAP, ACCEPT GRANT
IN FEE NORD AVENUE AND ONE FOOT NO ACCESS STRIP, AND EASEMENTS FOR
PUBLIC UTILITIES, ALL AS OFFERED FOR DEDICATION IN ITEMS A, B
AND C OF THE OL~INER'S CERTIFICATE, AUTHORIZE CHAIRMAN TO SIGN
SUBDIVISION AGREEMENTo
PG&E contract for County Service Area 485 (Carriage Manor Street-
lights) - a five year contract with PG&E is required to provide
street lights for County Service Area ~~85. Action requested:
APPROVE CONTRACT.
Resolution authorizing execution of Program Supplement No. 28
to Master Agreement No. 03-5.912 for the installation of flashing
lights and automatic gates at a reialroad crossing on Nelson
Shippee Road. Includes federal funds of $54,225 and county funds
of $6,025. Action requested: ADOPT RESOLUTION 82-191.
Forest development road cooperative agreement - an amendment has
been prepared to 'provide for minor changes in responsibilities
between. the Forest Service and the county concerning reconstruction
Page 402.
December 14, 1982
1
December 14, 1982
of the Oroville-Quincy Highway from Mountain House to the Plumas
County line. Action requested: APPROVE AMENDED AGREEMENT AND
AUTHORIZE DTRECTOR OF PUBLIC WORKS TO SIGN.
Resolution rescinding Resolution 82-171 and increasing and
increasing civil filing fees in municipal and justice courts.
Action requested: ADOPT RESOLUTION 82-192.
', ~ Appointments to the Chico Memorial Hall Committee. Action requested:
APPOINT EVERETT CUDD AND ED BROWN TO THE CHICO MEMORIAL HALL COMMITTEE
TO SERVE A ONE YEAR TERM.
Appointment to the Community Action Agency. Action requested:
APPOINT REVEREND CARL FOWLER - DISTRICT 1, TO THE COMMUNITY ACTION
AGENCY TO SERVE UNTIL DECEMBER 31, 1984.
Appointments to the Durham Mosquito Abatement Aistrict. Action
requested: APPOINT CHARLES POOLER AND JOHN HOUGHTON TO THE
DURHAM MOSQUITO ABATEMENT DISTRICT BOARD OF DIRECTORS TO SERVE
UNTIL DECEMBER 31, 1984.
Appointments to the Butte County Mosquito Abatement District.
Action requested: APPOINT RAY NORBY, DISTRICT 2; THOMAS EDGAR,
DISTRICT 3; AND GARY JUSTESON, DISTRICT 4 TO THE BUTTE COUNTY
MOSQUITO ABATEMENT DISTRICT TO SERVE UNTIL DECEMBER 31, 1984.
MOTION: TO APPROVE CONSENT AGENDA WITH ITEMS 3.02, 3.06 AND
3.19 PULLED FOR SEPARATE CONSIDERATION
M S
VOTE: 1 2 3 4 5 (Unanimously carried)
821622 Award of bid - vehicles. Bids have been opened for the purchase
of five trucks with all low bidders meeting our specifications.
Action requested: AWARD VEHICLE BIDS, INCLUDING SALES TAX AS
FOLLOWS: z TON WINDOW VAN (CENTRAL SERVICES)- ED WITTMEIER
FORD -- $10,128.30; i TON LIGHT UTILITY PICKUP (FARM AAVI50R)
COURTESTY MOTORS GMC - $7,567.34; z TON CAB AND CHASSIS, OUR WHEEL
DRIVE WITH UTILITY BODY (PUBLIC WORKS) - ED McCONNEL FORD -
$12,399.58; TWO THREE-YARD DUMP TRUCKS (PUBLIC WORKS) -
PAHL-GOODHUE FORD - $36,887.01. (MATTER CONTINUED UNTIL
DECEMBER 21, 1982)
82-1623 Discussion of nuisance ordinance.
MOTION: TO WAIVE THE FIRST READING OF THE ORDINANCE AS
REQUESTED.
M S
VOTE: 1 2 3 4 5 (Unanimously carried)
82-1624 Discussion of AB 10 -drug poisoning protection. (CONTINUED
TO DECEMBER 21, 1982)
82-1625 Discussion - comments on draft environmental review Chico
Airport Redevelopment Agency Project.
MOTION: TO ACCEPT POLICY DIRECTION AND COMMENTS AS SUBMITTED
BY STAFF ON CHZCO AIRPORT REDEVELOPMENT AGENCY
PROJECT AND THE COMMENTS ON ENVIRONMENTAL REVIEW.
M S
VOTE; __._,_1__ __2 3 4 5 CUnanimously carried)
Page 403.
December 14, 1982
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December 14, 1982
82-1626 Policy direction concerning ordinance to regulate the fencing of
swimming pools. (TAKEN UNDER SUBMISSION - TO BE CONTINUED TO
JANUARY 11, 1983.)
412 82--1627 Dick Chappell - Ringel & Associates, Inc., on behalf of Dick
Chappell, appeal the Advisory Agency's Conditions 12, 13 and 14
on the tentative parcel map for AP 51-01--141, four parcels on
Hummer Road, approximately 1,000 feet west of Doe Mill Road,
Forest Ranch area. (CONTINUED TO JANUARY 11, 1983}
418 82-1628 Consideration of a certificate of merit to honor William H.P.
Dolan for his 23 years of service on the Juvenile Justice Commission.
MOTION: APPROVAL, A8 REQUESTED
M S
VOTE: 1 2 3 4 5 (Unanimously carried)
MOTION: THAT JANE DOLAN MAIZE THE PRESENTATION
M S
VOTE: 1 2 3 4 5 (Unanimously carried)
Recess: 9:58 a.m.
Reconvene: 10:15 a.m.
450 82-1629 Public hearing for Charles Elder - abandonment of a portion of
Smullin Street right-of-way, north of the intersection of
Smullin and School Streets was held at 10:15 a.m.
MOTION: TO APPROVE ACTION AS REQUESTED, ADOPTING
RESOLUTION 82-193
M S
VOTE: 1 2 3 4 5 (Unanimously carried)
505 g2-1630 Public hearing for Rohert R. Green - request for variance to
Sections 19-10 and/or 19/12 of the Butte County Code for placement
of a mobile home on AP 27-22-63, 1391 Cox Lane, Oroville area,
zoning, A-5, was held at 10:20 a.m.
MOTTON: APPROVE REQUEST FOR VARIANCE TO SECTIONS 19-10 AND/OR
:_ 19=12 OF THE BUTTE COUNTY CODE FOR PLACEMENT OF A_~MOBILE
HOME ON AP 27-22=63; 1391 COX LANE.
5 M
VOTE: 1 2 3 4 5 (Unanimously carried)
543 82-1631 Public hearing for Goldie Springer - request for variance to
Sections 19-10 and/or 19-12 of~the Butte County Code for placement
of a mobile home on AP 47-15-23, Route 4, Box 423, Chico area,
Hamilton-Nord-Cana; zoning, ARMH, was held at 10:25 a.m.
MOTION: APPROVAL OF THE VARIANCE
S M
VOTE: i 2 3 4 5 (Unanimously carried
581 g2.-1632 Board of Supervisors - (item determined to be categorically
exempt from environmental review}. Public hearing held at
10:30 a.m.
A. .Amendment to Butte County Code Chapter 24 defining mobile
home parks, recreational vehicles and mobile homes;
I B. Amendment to Butte County Code Chapter 24 to allow mobile
home parks in residential areas; and
Page 404.
December 14, 1982
7
December 14, 1982
C. Amendment to Butte County Code Chapter 24 to allow mobile
homes as dwelling units in all zones allowing residential uses.
MOTION: THAT THE BOARD ADOPT ORDINANCE 2323, ADOPTING THE
AMENDMENT AS OUTLINED IN "A" AND "B" AND FURTHER TO
DIRECT STAFF TO BRING US WHATEVER THE APPROPRIATE
FORMAT IS FOR US TO AMEND BUTTE COUNTY CODE TO ALLOW
MOBILE HOMES AS DWELLINGS IN ALL ZONES ALLOWING
RESIDENTIAL USES IN THAT THOSE MOBILE HOMES ARE THOSE
WHICH WOULD BE ALLOWED BY THAT DEFINITION OF BEING ON
A FOUNDATION.
S M
VOTE: 1 2 3 4 5 (Unanimously carried)
Recess: 10:50 a.m.
Reconvene: 10:58 a.m.
1583 82-1b33 Board findings read by Chairman Wheeler to be entered into
the public record:
THIS BOARD, HAVING HELD A DULY NOTTCED HEARING PURSUANT TO THE
PROVISIONS OF GOVERNMENT CODE SECTION 27641(b), HEREBY MAKES THE
FOLLOSdING FINDINGS, DECLARATIONS AND COMMENTS:
I
WE WISH TO EXPRE55 OUR APPRECIATTON TO THE DISTRICT ATTORNEY FOR
HIS INCISIVE AND CLEAR PRESENTATION OF THE EVIDENCE, THIS BOARD
APPRECIATES THE TIME AND. EFFORT THAT EHE DISTRICT ATTORNEY HAS HAD
TO EXPEND IN THIS MATTER, AND YET MAINTAIN HIS OTHERWISE HEAVY
SCHEDULE AS DISTRICT ATTORNEY.
II
THIS BOARD WISHES TO THANK ALL THE WITNESSES WHO APPEARED AT THE
HEARING FOR THEIR ASSISTANCE AND COOPERATION.
III
THIS BOARD FINDS AND DETERMINES THAT THE EVIDENCE SUSTAINS THE
GRAND JURY'S CONTENTION THAT DEL SIEMSEN FAILEA TO PROPERLY COMPLETE
THE STATEMENTS OF ECONOMIC INTEREST FORM. THERE IS NO QUESTION BUT
THAT HE HAD AN INTEREST IN REAL PROPERTY IN MAY 1980, WHICH SHOULD
HAVE BEEN REPORTED IN SEPTEMBER 1980. THE EVIDENCE REFLECTS THAT
IT WAS THROUGH NEGLECT ON THE PART OF DEL SIEMSEN THAT HE FAILEA
TO REPORT THE PROPERTY IN QUESTION. WE DO NOTE THAT IN THE SUB-
SEQUENT REPORTS OF AUGUST 28, 1981, AND OCTOBER 14, 1981, HE DID
PROPERLY DISCLOSE HIS INTEREST IN REAL PROPERTY THROUGH THE
CORPORATION. THUS WE FIND NO MALFEASANCE OR MISCONDUCT IN OFFICE,
NO INTENT TO DECEIVE, AND DO NOT BELIEVE THAT HIS FAILURE TO REPORT
HIS INTEREST IN THE PROPERTY SHOULD RESULT IN DISMISSAL. WE
REPRIMAND HIM AND STRONGLY ADMONISH HIM TO CAREFULLY COMPLETE ALL
REQUIRED FORMS IN THE FUTURE.
IV
ONE ASPECT ABOUT THIS MATTER THAT CONCERNS THIS BOARD IS THE
APPEARANCE BY DEL SIEMSEN AT THE ADVISORY BOARD HEARING ON HIS
PARTNERS' (OR ASSOCIATE IN PROPERTY TRANSACTIONS) APPLICATION
FOR A PARCEL MAP. ALTHOUGH WE DO NOT ACCEPT DEL SIENlSEN'S
', EXPLANATION THAT HE DID NOT BELIEVE HE WAS GIVING HIS SOON TO BE
.. . .,-PARTNER-ANY-SPECIAL BENEFIT OR ASSISTANCE, WE WOULD LIKE TO
POINT OUT THAT QUITE OFTEN APPEARANCE OF FAVORITISM CAN BE AS BAD
AS ACTUAL FAVORITISM ITSELF. WE-WOULD EXPECT THAT NO REPETITION OF
SUCH AN INCIDENT WOULD OC~Q,i~R IN THE FUTURE.
Page 405.
December 14, 1982
December 14, 1982
V
ONE OF THE DUTIES OF THE COUNTY COUNSEL TS TO SERVE AS THE CTVIL
LEGAL ADVISOR TO THE GRAND JURY. WE EXPECT DEL SIEMSEN TO FULFILL
THAT DUTY AND TO BE AVAILABLE FOR ASSISTANCE AND LEGAL AAVICE
WHENEVER THEY REQUEST IT. WE FEEL CONFIDENT THAT DEL SIEMSEN
WILL WORK WITH THE GRAND JURY TO THE BEST OF HIS ABILITY.
MOTION: TO ACCEPT THE FINDINGS AS PRESENTED
S M
VOTE: 1 2 3 4 5 (Unanimously carried}
1705 Public hearing on Bidwell Heights Land Company - specific plan and
xezane (item on which an environmental impact report has been
prepared) from "A-2" (general) and "A-160" (agricultural -
160 acre parcels) to "SR-2" and "SR-3" (suburban xesidential -
2 and 3 acre parcels), "N-C" (neighborhood commercial),
°PA-C" (planned area cluster), and "P-Q" (public-quasi public)
to allow the development of an approximately 385 unit cluster and
conventional residential land project with neighborhood commercial
and recreatinnal facilities on property located on Doe Mill
Ridge, approximately seven miles south of Forest Ranch, one mile
%;~~ east of State Highway 32, seven miles east o£ Chico.
00
Recess: 11:58 a.m.
Reconven e: 12:02 p.m.
82-1634 Correction to Findings read into the record earlier in the
meeting:
THE SECOND SENTENCE OF PART TV SHOULD READ: "ALTHOUGH WE DO
ACCEPT DEL SIEMSEN'S EXPLANATION........"
664 82-1635 Public hearing - Bidwell Heights -- continued.
(OPEN HEARING TO BE CONTINUED TO DECEMBER 21, 1982, AT 1:30 P.M.)
Recess: 12:23 p.m.
Reconven e: 1:34 p.m.
1401 82-1636 Mr. Joe Ingolia - AP 50-26-06, Stark Lane, Paradise, requests
direction regarding his building and septic tanks.
MOTION: TO ALLOW MR. ANGOLIA TO TRANSFER THE VESTED TNTEREST
THAT HE NOW HOLDS IN EITHER SITE "A" OR "C" AS MOBILE
PERMITS TO RESIDENTIAL PERMIT AT "E"
S M
VOTE: 1 2 3 4 5 (Unanimously carried)
1950 82-1637 At this time Supervisor Saraceni introduced Bobby Chacon, of
Butte County, who recently won the Featherweight Championship
of the World
2141 82-]:638 Discussion of the Sacramento County Board of Supervisors request
to adopt a resolution supporting Preprint Assembly Bill 9 (Greene)
(TO BE BROUGHT BACK FOR DISCUSSION IF IT BECOMES A BILL)
2159 82-1.639 Discussion of committee vacancies
MOTION: TO APPOINT MR. RICHARD CRABTREE OF PARADISE TO THE
- - -- --'- _"' "'""--EMERGENCY MEDICAL SERVICES COMMITTEE
S M
i VOTE: 1 2 3 4~ 5 (Unanimously carried)
Page 40.6.
December 14, 1982
December 14, 1982
82-1640 (DIRECTION GIVEN FOR STAFF TO PULL ALL THE APPOINTMENTS,
EXPIRATION DATES, VACANCIES, ETC., SO THAT THE BOARD
CAN REVIEW THIS ON JANUARY 11, 1983)
82-1641 Recognition of persons wishing to speak:
1. David Zachary -- relative to the 40-acre parcel size, and
support of the Fish and Game Committee's
position
2. Dick Bjork - relative to the El Medio District and its
economic problems, and asking support of the
Board (SUPERVISOR SARACENI AND MIKE PYEATT
TO WORK ON THIS AND REPORT SACK TO THE BOARD)
'.942
82--1642 California State Automobile Association - writes requesting
a refund of taxes in the amount of $79.82 for FY 1978-79 for
property described as AP 013-26-0-40, located at 2451 Oro Dam
Boulevard, Oroville. (HOLD UNTIL SUPREME COURT SUIT IS SETTLED
WITH SANTA CLARA COUNTY RELATTVE TO THIS ISSUE - PER COUNSEL)
California State Automobile Association - writes requesting a
refund of taxes in the amount of $115.97 for fiscal yeax 7.978-79
for property described as AP 045-15-0-083 located at 1160 East
First Avenue, Chico. (HOLD UNTIL SUPREME COURT SUIT IS SETTLED
WITH SANTA CLARA COUNTX RELATIVE TO THIS ISSUE - PER COUNSEL)
Pacific Coast Building Products, Inc. - writes requesting a refund
of taxes in the amount of $19.28 for property described as AP 036-02-
2-044 and also in the amount of $42.46 for property describes as
AP 36-02-2-42. (HOLD UNTIL SUPREME COURT SUIT IS SETTLED WITH
SANTA CLARA COUNTY RELATIVE TO THIS ISSUE - PER COUNSEL)
County Supervisors Association of California - writes requesting
that the Board of Supervisors provide assistance in reversing the
Legislature`s new policy to cease providing an annual $6p,000 block
grant for newly created Superior Court judgeships.
MOTION: TO SUPPORT RESOLUTION A-2 FROM THE COUNTY SUPERVISORS
ASSOCIATION CONCERNING ANNUAL BLOCK GRANTS FOR NEWLX
CREATED SUPERIOR COURT JUDGESHIPS.
S M
VOTE: 1 2 3 4 5 ,(Unanimously carried)
', Monroy & Sneathern, attorneys, on behalf of James C. Hill; James
j C. Hill, as guardian ad litem for James Travis Hill, Jeremy Dayson
Hill, K.D. Hill, Charles Isaac Hill and Benjamin Tyler Hill in
the amount of $12,600,000 for alleged damages incurred as a result
', of a traffic accident on August 26, 1982, near Larkin Road and Palm
I Avenue
MOTION: TO DENY CLAIM
M S
VOTE: 1 2 3 4 5 (Unanimously carried)
Page 407,
December 14, 1982
December 14, 1982
Ronald L. Shute - wishes to appeal the Advisory Agency's finding
that his tentative parcel map is not in compliance with the. county's
General Plan; AP 56-21-61, four parcels, 2,400 feet east of Highway
32 on both sides of Garland Road, Forest Ranch area - proposed
negative declaration of environmental impact. (PUBLIC HEARING
SET FOR JANUARY 18, 1983, AT 10:15 A.M.
Shirley Smithey - wishes to appeal the Advisory Agency's require-
ment for an environmental impact report on a tentative parcel map,
AP 28-17-83, four parcels, on the north side of Obert Drive, 1,300
feet east of Stoney Oaks Boulevard, Swedes Flat area. (PUBLIC
HEARING SET FOR JANUARY 18, 1983, AT 10:30 A. M.)
Justin T. Smith, Chico - writes to object to the granting of a use
permit for an adult bookstore at 2837 Esplanade, Chico.
(INFORMATION ONLY)
Kelly Meagher, Butte County Friends of the Foothills - wishes to
appeal the Advisory Agency's decisions on the Quail Canyon tenta-
tive subdivision, maps and environmental impact documents. (ITEM
IS SCHEDULED FOR PUBLIC HEARING ON DECEMBER 21, 1982, AT 11:15 A.M.)
William Lewis, Chico - wishes to appeal the Advisory Agency's
requirement that City of Chico road improvements be met for a
tentative parcel map, AP 43-08-46, three parcels, located on the
north side of West Eighth Avenue at the intersection of Meadow
Road and West Eighth Avenue, Chico (PUBLIC HEARING SET FOR
JANUARY 18, 1983, AT 10:45 A.M.)
MOTION: FINDING THAT THIS WILL NOT CHANGE THE ENVIRONMENTAL
DETERMINATION; DOES NOT CONFLICT WITH ZONING OF
GENERAL PLAN; AND, THERE IS A GOOD AND SUFFICIENT
WHY IT WAS LATE, I WOULD MOVE AND FIND THAT THE GOOD
AND SUFFICIENT REASON WAS LACK OF CLARITY OVER WHAT THE
EXACT CONDITIONS WERE BY THE CITY OF CHTCO AS PER
COUNTY ROADS.
s ra
VOTE: 1 2 3 4 5 (Unanimously carried)
82-1643 Additional items from Board members to be addressed:
1. Committee report and recommendation for a policy on
40 acre mimnimum parcels. -- Supervisor Saraceni
MOTION: I WOULD MOVE THAT IT IS OUR UNDERSTANDING THAT THE ADVISORY
AGENCY IS WAITING FOR A SPECIFIC POLICY FROM THE BOARD OF
SUPERVISORS REGARDING THE 40 ACRE MINIMUM PARCEL SIZE
RECOMMENDED BY THE STATE FISH AND GAME DEPARTMENT IN
DEER HABITAT AND MIGRATION AREAS AND IS CONTINUING THEIR
OWN POLICY OF DENYING PARCEL SPLITS THAT DO NOT CONFORM
TO THE 40 ACRE MINIMUM.
AS WE WERE ADVISED BY THE STATE REPRESENTATIVES AT OUR
JOINT MEETING, SINCE THIS 40 ACRE MINIMUM IS A STATEWIDE
RECOMMENDATION AND DOES NOT TAKE SPECIFIC INFORMATION
{I.E., GENERAL PLANS, ZONING, PRESENT PARCEL SIZES IN THE
AREA, TOPOGRAPHY, ETC.} INTO CONSIDERATION IN REGARDS TO
THEIR RESPONSE TO PARCEL SPLITS AND SUBDIVISION MAPS,
FINAL DECISIONS ARE MADE BY BOARDS OF SUPERVISORS.
WE PROPOSE THE POLICY ON PARCEL MAPS AND SUBDIVISIONS
IN IDENTIFIED AREAS OF DEER HABITAT AND MIGRATION NOT
BE DENIED ON THE BASIS OF A GENERAL STATE POLICY OF 40
ACRE MINIMUMS, BUT WOULD RE ¢JIRE A RESPONSE FROM THE
Page 408.
December 14, 1982
December 14, 1982
THE STATE FISH AND GAME DEPARTMENT TO INCLUDE SPECIFIC DATA
OR SCIENTIFIC INFORMATION FROM THE PROJECT AREA IN DETER-
' MINING A SUBSTANTIAL IMPACT WOULD OCCUR AND CONTINUE TO
USE OUR GENERAL PLAN, ZONING, TOPOGRAPHY AND PRESENT
PARCEL SIZES IN AN AREA IN APPROVAL OF PROJECTS.
I WOULD ALSO INCLUDE IN THE MOTION THAT WE WOULD RECOMMEND
SENDING A LETTER OF SUPPORT TO THE CALIFORNIA COUNTY
PLANNING COMMISSIONERS ASSOCIATION, STATE ASSEMBLY, STATE
SENATE, AND THE GOVERNOR ELECT OF THE STATE OF CALIFORNIA
FOR THE RESOLUTION OPPOSING STATE ENCROACHMENT OF LOCAL
LAND USE AUTHORITY PASSED AT THE 1982 CALIFORNIA COUNTY
PLANNING COMMISSIONERS' ASSOCIATION MEETING.
I WOULD ADD TO THIS THAT UP IN BEDDING BT OUR NORTHERN
CALIFORNIA SUPERVISORS ASSOCIATION MEETING, IN DISCUSSING
THIS WITH THE COUNTY SUPERVISORS, THEY ASR THAT WE
FORWARD THEM OUR RESOLUTION AND OUR POLICY BECAUSE THEY
WOULD LIKE TO HAVE A COPY OF IT.
M S
VOTE: 1 2 3 4 5
MOTION: TO TABLE
M
VOTE: 1 2 3 4 5
{MATTER TO BE ON THE AGENDA FOR DECEMBER 21, 1982)
Recess: 2:32 p.m.
Reconvene 2:37 p.m.
SUPERVISOR MOSELEY ABSENT AT THIS TIME ,
Recess: 2:38 p.m. The Board recessed at this time for closed session.
$UPERVISOR WHEELER ABSENT AT THIS TIME
Reconvene: The Board reconvened at 3:15 p.m. following a closed session on
two matters. One was on litigation. (NO DECISIONS MADE)
The other matter was a Workers Compensation Case. (THE BOARD
ACCEPTED A SETTLEMENT OFFER TN THE CASE REGARDING ART
ANDERSON)
Recess: Since a quorum would not be present at the 4:00 p.m. meeting in Chico
the Board recessed at 3:16 p.m. to reconvene at 9:00 a.m. on
Friday, December 17, 1982.
Page 409.
December 14, 1982
~f