HomeMy WebLinkAboutM030684March 6, 1984
84-189
84-190
Call to order - Board of Supervisors room, County Administration Building,
Oroville.
Present: Supervisors Dolan, Fulton, Moseley, Wheeler and Chairman Saraceni;
Martin J. Nichols, chief administrative officer; Del Siemsen, county counsel;
and, Rubye Townsley, deputy clerk.
Fledge of allegiance to the Flag of the United States of America.
Invocation - Supervisor Moseley
Presentation of resolutions:
MOTION: INCLUDE SUPERVISOR`WHEELER'S NAME AS AN "AYE" VOTE ON
RESOLUTION 8426 IN RECOGNITION OF WOMEN'S HISTORY WEEK.
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VOTE: l Y 2 Y 3 Y 4 Y S Y (Unanimously carried)
Supervisor Moseley presented Resolution 84-24 to Joe Carlile in appreciation
for his years of service in the Agriculture Department.
Resolution 84-26 in recognition of women's History Week will be presented
at a forum hosted by the League of Women Voters on the evening of
March 7, 1984, by Supervisor Dolan.
Additional items from Board members to be addressed at the end of the day:
1. Supervisor Wheeler announced that someone would be here at the 11:00
o'clock hour to speak to the Putney Street drainage problem.
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March 6, 1984
84-190 2. Supervisor Wheeler announced that a news release from County Supervisors
(Cont'd) Association reported a win on SB-90.
3. Supervisor Wheeler would like to amend a motion on the minutes of
February 2$, 1984, minute order #84-181.
4. Supervisor Moseley would like the Board to waive fees for use of
Memorial Hall use by Durham Parade and Picnic Committee and the Durham
Volunteer Fire Department.
MOTION: WAIVE FEES.
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VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
5. Supervisor Mosely would like information from the Public Works
Department on Rock Creek - Hampton Road flooding problem. (BILL CHEFF,
ACTING PUBLIC WORKS DIRECTOR, REPOR'T'ED THAT A LETTER HAD BEEN WRITTEN
TD THE LANDOWNERS.)
6. Chairman Saraceni would like the Board to pass a resolution reaffirming
intent to pledge allegiance to the Flag at each meeting, as requested by
the City of Berkeley.
MOTION: ADOPT RESOLUTION 84-34
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VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
84-191 Items removed from the consent agenda for separate consideration:
(197}
1. Minutes of February 28, 2984. (CONTINUED TO MARCH 13, 1984)
2. Ordinance adding Article II and TII to Chapter 36 of the Butte County
Code relative to incarceration. (CONTINUED TO MARCH 13, 1984):
3. Oroville Justice Court Security Facilities - Addendum No. 1 to the
Agreement for Architectural Services with Gene McFarren, dated August 24,
1982, has been prepared to provide for architectural services, topographic
survey and cost estimating. (CONTINUED TO MARCH 13, 1984}
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March 6, 1984
84-192 Consent Agenda
(230)
1. Approval of minutes - February 14, 1984. Action requested: APPROVE
_____ MINUTES.
2. Budget transfers. Action requested: APPROVE BUDGET TRANSFERS B-142,
8-163, B-165, B-166, B-167, 8-168 and B-170...
3. Penalty abatement requests - change of ownership reports. Action
requested: APPROVE THE FOLLOWING: MR. & MRS. GARY LITTLE, AP 021-05-
0-018-0; H, JEROME COLEMAN, AP 042-20-0-006-0; JEFFREY W. BEREIT, ETAL,
AP O12-25-2-009-0; TAM O'SHANTER INN, AP 004-19-0-044-0. DENY THE
FOLLOWING: MR. AND MRS. MONTY BETTY, AP 043-40-0-028-0.
4. Resolution proclaiming March 16-22 as Agriculture Week in Butte County.
Action requested: ADOPT RESOLUTION 84-35 AND AUTHORIZE fiHE CHAIRMAN TO
SIGN.
5, Personnel Appeals Commission. Action requested: REAPPOINT ART GILMAN
AS A MANAGEMENT REPRESENTATIVE TO SERVE UNTIL MARCH 6, 1988.
6. Gridley Memorial Ha11 Committee. Action requested: REAPPOINT TTM
fi0KUN0 (DELEGATE) AND SAM MCFCEE {ALTERNATE) REPRESENTING VFW POST 5731
TO SERVE UNTIL MARCH 6, 1985.
7. JTFA Frivate Industry Council. Action requested: APPOINT JIMMIE A.
fiHOMPSON AS THE LABOR REPRESENTATIVE TO SERVE UNTIL JUNE, 1986.
8. Hoss and Carol Bernerd - request for variance to sections 19-10
and/or 19-12 of the Butte County Cade for placement of a mobile home on
AP 72-15-005, 4876 Foothill Boulevard, Oroville. Zoning: A5. Action
requested: SET PUBLIC HEARING DATE FOR MARCH 20, 1984, AT 10:00 A.M.
9. Lippincott-Guth Associates - on behalf of Robert D. Maners, appeals
the Advisory Agency's condition No. 11 on a tentative parcel map {item
on which a negative declaration of environmental impact has been adopted),
AP 55-37-54, four parcels, property located on the south side of Wayland
Road, approximately one-half mile west of Foster Road, Paradise area.
Action requested: SET PUBLIC HEARING .DATE FOR MARCH 20, 1984 AT 10:00 A,M.
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March 6, 1984
84-192 10. Shastan Company - rezone - {item on which a draft environmental impact
{Cont'd) report was required) from A-SR to PA-C {planned area cluster) to allow
a 67 unit residential development located on the south side of West
Sacramento Avenue, approximately 400 feet west of Oak Lawn Avenue, identi-
fied as AP 43-26-2, 43-29-72, Chico. Action requested: SET PUBLIC
HEARING DATE FOR APRIL 3, 1984, AT 2:00 P.M.
ll. Revenue Sharing Handicapped Regulations. Action requested: DESIGNATE
MARTIN J. NICHOLS, CHIEF ADMINISTRATIVE OFFICER, AS THE CONTACT TO COORDI-
NATE EFFORTS TO COMPLY WITH FEDERAL REGULATIONS.
l2. JTPA Membership -- Western Job Training Partnership Association.
Action requested: AUTHORIZE THE CHAIRMAN TO SIGN APPLICATION FOR MEMBERSHIP
WITH AN ADDITIONAL MEMBERSHIP FEE OF $25r00.
l3. Paradise Bluffs Assessment District No. 1 _ all work has been completed
in accordance with the plans and specifications. Action requested: ADOPT
RESOLU'T'ION 84-36 ACCEPTING THE WORK AND FINAL CONTRACT COSTS AND DIRECT
THE CLERK TO RECORD THE NOTICE OF COMPLETION.
l4. Purchase o£ used vans - a proposal has been developed to purchase up
to three used vans from the telephone company at a cost not to exceed
$5,000.00 at an auction to be conducted March l0, 1984. Budget transfer
B-167 has been prepared ta,.provide the necessary appropriation. Action
requested: AUTHORIZE ACQUISITION OF UP TO THREE VANS.
l5. Final map - Waterford Subdivision - P.A.C. Unit 1 - the develap~:r
has provided a cash deposit to guarantee construction of the required
improvements within one year on the 25-lot subdivision, AP 43-27-08 and
AP 43-29-15 and 117, property located on the southwest corner of Sacra-
mento Avenue and Victorian Park Avenue, Chico area. Action requested:
ACCEPT DEPOSIT BY DEVELOPER FOR 'TAXES OR SPECIAL ASSESSMENTS WHICH ARE A
LIEN BUT NOT YET DUE OR PAYABLE; APPROVE FINAL MAP; ACCEPT EASEMENTS A5
OFFERED FOR DEDICATION IN ITEMS {l}, {2) AND (3) OF THE OWNER'S CERTI-
FICATE ON BEHALF OF THE PUBLIC; AND, AUTHORIZE THE CHAIRMAN TO SIGN THE
SUBDIVISION AGREEMENT AND THE RIGHT--OF-WAY DEED FOR SACRAMENTO AVENUE.
l6. Mental Health ,lobs Bill Funding - an application has been prepared
in the amount of $10,252.00 to provide community cli~:nt services to
indiQiduals and families who are impacted by unemployment. Action requested:
AU'T'HORIZE SUBMISSION OF JOBS BILL APPLICATION.
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84-192 17. Community Action Agency Senior Nutrition and Transportation Programs -
(Cont'd} revisions have been made to the Congregate Meals - Served On Site budget,
Home Delivered Meals, and Transportation to Site/Home Delivery with no
overall increase. Requested are equipment items, including: electric
calculator, electric typewriter, refrigerator, fourteen food trans-
porters, two small serving carts, double-door refrigerator, computer
system/software, refrigerator/freezer, storage shed, wood desk and stain-
less steel custom Cart. Action requested: APPROVE BUDGET REVISTONS AND
AUTHORIZE ACQUTSITION OF EQUIPMENT ITEMS.
18. Communications:
a. Barr, Newlan & Sinclair, attorneys at law - on behalf of Howard
Jenks, submit a cliam in the amount of $250,000.00 plus other damages
as a result of an alleged incident occurring on December ~, 1983, involving
the Sheriff's Department. Action requested: REFER TO COUNTY COUNSEL AND
RISK MANAGEMENT COORDINATOR FOR RECOMMENDATION.
b. John F. Moonier, Jr., attorney at law - on behalf of Michael
McCrillis, files a cliam in the amount of $1;.000,000.00 glus special
damages as a result of alleged injuries/damages occurring on November 19,
1983, in the Nord area. Action requested: REFER TO COUNTY COUNSEL AND
RISK MANAGEMENT COORDINATOR FOR RECOMMENDATTON.
NIOTTON: APPROVE CONSENT AGENDA
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VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried}
Closed Hearing
84-193 Closed Hearing - Robert Heaton - appeal of a denied variance (item deter-
(245} mined to be categorically exempt from environmental review} to side yard
setback to allow a dwelling 3 feet 8 inches from the property Line on
property zoned R-3 {medium density residential} located at the end of
St. Michael Court, 700 feet east of Monticellor Lane off Shasta Avenue,
Chico, identified as AP 44-b7-11 and 12. {From 2/28/84)
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March 6, 1984
84-193 MOTION: FIND THAT THE PROJECT MEETS THE REQUIREMENTS OF THE BUTTE COUNTY
(Cont'd) CODE SECTION 24-49 AND GOVERNMENT CODE SECTION 65906 AND GRANT A
VARIANCE TO ALLOW THE CONSTRUCTION OF A BUILDING 3' 8" FROM THE
PROPERTY LINE AS SHOWN ON THE SITE PLAN AP 44-67-11 AND AP 44-67-
- 12, ROBERT HEATON, SUBJECT TO THE FOLLOWING CONDITIONS:
1. ADJUST THE EAVE DIMENSION TO COMPLY WITH UNIFORM BUILDING
CODE.
2. APPLICANT MUST COMPLY WITH ALL APPLICABLE STATE AND LOCAL
STATUTE5, ORDINANCES AND REGULA'T'IONS.
FURTHER NOTING THAT BECAUSE OF SPECIAL CIRCUMSTANCES APPLICABLE TO
THE PROPERTY INCLUDING SIZE, SHAPE, TOPOGRAPHY, LOCATION OR
SURROUNDINGS, THE STRICT APPLICATION OF THIS CHAPTER DEPRIVES
THIS PROPERTY OF PRIVILEGES ENJOYED BY OTHER PROPERTY IN THE
VICINITY AND UNDER IDENTICAL ZONING CLASSIFICATIONS.
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VOTE: l Y 2 N 3 Y 4 Y 5 Y (Motion carried)
Regular Agenda
84-194 Appointments to Conservation Camp Site Selection Committee, Districts
(389} 2, 3 and 4. (TO BE CONTINUED TO LATER IN THE DAY}
84-195 Report to Board of Supervisors on proposed Durham Planning Area No. 8.
(400} (NO ACTION TAKEN. SUPERVISOR MOSELEY AND PLANNING DIRECTOR TO MEET TO
CONSIDER INPUT FROM MEMBERS OF THE COMMUNITY)
84-196 Report an request from Dan Hays for payment on costs due from Environmental
{1453) Impact Report on Bidwell:.Heights and request for policy direction relative
to handling future payments. (From 2/28/83} (COUNTY COUNSEL AND PLANNING
DIRECTOR TO BRING BACK RECOMMENDATIONS REGARDING PAYMENT OF COSTS DUE
FROM ENVIRONMENTAL IMPACT REPORTS.)
84-19Z Report from County Counsel regarding the Richard Shears and Lynn Smith
(1806) public road access deposit and request for refund of $11,000. (From 2/14/84)
(NO ACTION TAKEN. BOARD WILL BE APPROACHED. TO SET PUBLIC HEARING REGARDING
ENVIRONMENTAL IMPACT REPORT.}
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March 6, 1984
RECESS: 10:02 A.M.
RECONVENE: 10:12 A.M.
Public Hearings & Timed Items
84-1p8 Esplanade Assessment District No. 1
(1894)
MOTION: AUTHORIZE FILING OF PETITION, AUTHORIZE L•'ILING OF CERTIFICATE
REGARDING THE PETITION, ADOPT RESOLUTION 84-37 ACCEPTING 'T'HE
PETITION, AUTHORIZE FILING OF THE BOUNDARY MAP, ADOPT RESOLUTION
84-38 APPROVING BOUNDARY MAP, ADOPT RESOLUTION 8439 APPROVING
AGREEMENT FOR ENGINEERING SERVICES, ADOPT RESOLUTION 84-40
APPROVING AGREEMENT FOR LEGAL SERVICES AND ADOPT RESOLUTION
84-41 OF INTENTION, SUBJECT TO AA4ENDMENT OF BOUNDARY LINE TO
REFLECT '200 FEET NORTH OF EATON ROAD.'
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VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
84-199 Continued hearing - Robert M. Husfcey - appeals the Advisory Agency's
(2].74} requirement for an Environmental Impact Repart on a tentative parcel
map, AP 30-24-53, four parcels, property located approximately 800 feet
west of Larkin Road, on the south side of Afterbay Drive, Thermalito
area. (Pram 2/7/84) (REFERRED TO AIRPORT LAND USE COMMITTEE FOR
CONSIDERATION, TO BE BROUGHT BACK ON THE AGENDA OF MARCH 20 AT 10:30 A.M.~-
OPEN HEARING.)
84-200 Douglas S. Starr - negative declaration and appeal of the Planning
(2661) Commission's denial of a rezone of property from TM-5 (timber mountain -
five acre parcels} to TM--1 (timber mountain - one acre parcels}, property
** located on the south side of Forest Ranch Road, approximately 1/2 mile
00 west of State Highway 32, identified as AP 56-2843, 56--36-20 and 2I,
Forest Ranch area.
RECESS: 11:35 A.M.
RECONVENE: 11:40 A.M. ..
(HEARING CLOSED. CONTINUED TO MARCH i3, 1984, FOR SUPERVISOR WHEELER TO
MEET WITH COUNTY COUNSEL AND PLANNING DIRECTOR TO FORMULATE A MOTION OF
APPROVAL.)
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March 6, 19$4
March 6, 1984
84-201 Rolls, Anderson, Rolls - on behalf of Kevin O'Laughlin - appeal the
(1994) Advisory Agency's condition No. 4 {provide permanent solution for drainage),
on tentative parcel map, AP 42-45-34, two parcels, property located on the
south corner of Henshaw Avenue and Cusick Avenue, Chico area.
MOTION: i7PHOLD APPEAL
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VOTE: l Y 2 N 3 Y 4 Y 5 Y (Motion carried)
84-202 Recognition of persons wishing to speak:
{2633)
1. Henry McCall ~- requesting Spard to pass a resolution or write a letter
to the Governor asking him to oppose AB--l.
2. Mr. Shirley - requesting opposition to AS-1.
3. dim Patterson - regarding the drainage problem on Putney Avenue.
(SUPERVISOR MOSELEY TO MEET WITH PUBLIC WORKS AND BRING SACK A
PROPOSAL TO..THE BOARD.)
*** 4. Randy Watkins - requesting information on Board's decision on agenda
000 item 6.01.
Regular Agenda
84-203 Report concerning condition No. 17 on the Pheasant Oaks Subdivision in
{40) Chico relating to construction of a cul-de-sac on Alamo Avenue. {From
2/28/84)
MOTION: SINCE IT HAS SEEN DETERMINED THAT IT I5 IN THE INTEREST OF THE
PUBLIC THAT ALAMO AVENUE BE A CUL-DE-SAC, DIRECT THE ACTING
PUBLIC WORKS DIRECTOR TO DO WHATEVER IS NECESSARY TO SEE THAT
THE ROAD IS CLOSED.
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VOTE: 1 Y 2 Y 3 NV 4 Y 5 Y (Motion carried)
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Public Hearings & Timed Items
(CHAIRMAN SARACENI ABSENT AT THIS TTME, TURNING THE GAVEL OVER TO VICE-
., CHAIRMAN FULTON.)
84-204 CLOSED SESSION: The Board recessed at 12:20 p.m. far a clased session
(210) on General Assistance Fair Hearing, Case #04-90-60695.
RECONVENE: The Board reconvened at 12:48 p.m. following a closed session
for a fair hearing and for a matter of litigation. (NO
ANNOUNCEMENTS):.
AIk7OURNMENT: There being nothing further before the Board at this time
the meeting was adjourned at 12:49 p.m.
~,~,
Chairman, Board of Supervisors
ATTEST:
MARTIN J. NICHOLS
Chief Administrative Officer and
Clerk of the Board of Supervisors
By:
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