HomeMy WebLinkAboutM032784March 27, 1984
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 5iemsen, county counsel;
and, Rubye Townsley, deputy clerk.
Pledge of allegiance to the Flag of the United States of America.
Invocation - Supervisor Moseley
84-248 Additional items from Board members to be addressed at the end of the day:
1. Supervisor Wheeler would like to submit a letter for the record regarding
drainage fees.
84-249 Items removed from the consent agenda for separate consideration:
1. Housing Element update (CHANGE IN REQUESTED ACTION ONLY)
2. Report Pram County Counsel concerning the request of Lou Ann M. Rupp
for granting relief of taxes on property, AP 30-19-3-019.
3. State water Resources Control Board - forwards information on the
implementation of underground tank legislation and requests the
designation of a contact agency and person.
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March 27, 1984
84-250
Consent Agenda
1. Approval of minutes - March 20, 1984. Action requested: APPROVE
MINUTES.
2. Budget transfers. Action requested: APPROVE BUDGET TRANSFERS B-184,
B-185, B-186, B-187 AND s-188,
3. Richard Gavranich - abandonment of light and air easement, Lincoln
Park Subdivision, Lot 8, located on the west side of Greenview Circle,
200 ft northwest of Estates Drive, AP 40-37-21, Action requested:
CHANGE PUBLIC HEARING DATE FROM APRIL 3, 1984, TO MAY 1, 1984, AT
10:00 A.M.
4. Leonard Vaught - abandonment of public utilities easement, Northgate
Village Unit 1, Lots 33, 34 and 35. Action requested: CHANGE PUBLIC
HEARING DATE FROM APRIL 3, 1984, TO MAY 1, 1984, AT 10:00 A.M.
5. Butte County Library Trust - in accordance with Government Code Section
25355, accept donations of $100 from Chico Friends of the Library
for the purchase of books and $200 from the Eagles Auxiliary, Oroville,
for the purchase of large print books. Action requested: ACCEPT
DONATIONS.
6. Handicapped Board of Appeals. Action requested: APPOINT JAMES COLLINS
A5 THE ALTERNATE HANDICAPPED REPRESENTATIVE TO A TERM TO EXPIRE
JANUARY 18, 1986.
7. Butte County Veterans Council. Hall Committee. Action requested:
APPOINT JAMES M, HURST AND WILLARD P, HOPE TO SERVE UNTIL DECEMBER 31,
1984,
$, Butte County Housing Authority Board. Action requested: APPOINT
JOLA RHODES, DISTRICT 5 REPRESENTATIVE; GERALD C.. BANYARD AND JANIE.
WHITE, TENANT MEMBERS, TO SERVE UNTIL APRIL 16, 1987.
9. Mental Health Advisory Board. Action requested: APPOINT DR. HARRY
FISHBEIN, PSYCHIATRIST, AND REGINAL SILVA, PARENT/CONSUMER MEMBER, TO
SERVE U[~TIL DECEMBER 31., 19.85; AND APPOINT JEAN WOLD, R.N., TO SERVE
UNTIL DECEMBER 31, 19$4.
10. Community Action Agency. Action requested: APPOINT LOTS Mc DONALD AS
THE DISTRICT 5 REPRESENTATIVE TO SERVE UNTIL DECEMBER 31, 1984.
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March 27, 1984
84-250 11. Overall Economic Development Program Committee. Action requested:
(Cont'd) AUTHORIZE POSTING OF A NOTICE OF INTENT TO APPOINT A NEW OEDP
__ COMMITTEE.
l2. Butte County Fish and Game Commission equipment - authorization is
requested to purchase a depth recorder and related equipment at a
cost of $650 of which one-third of the cost will be reimbursed by
Plumas County. Budget transfer B-185 has been prepared to provide
the necessary appropriation. Action requested: AUTHORIZE PURCHASE
OF EQUIPMENT AND APPROVE CONTRACT BETWEEN BUTTE AND PLUMAS COUNTIES
PROVIDING FOR THE JOINT PURCHASE OF EQUIPMENT.
13. Housing Element update, Action requested: DIRECT PLANNING TO
HOLD PUBLIC HEARING...
14. Robert K. and Sandra Kirkpatrick - appeal the Subdivision Violation
Committee's decision to grant a conditional certificate of compliance
(the condition being, "provide circulation pursuant to subdivision
ordinance in effect July 9, 1973"), AP 62-50-125, property located
approximately 1300 feet south along a private drive which intersects
Pine Tree Lane at a point approximately 2000 feet southwest of the
intersection of Bald Rock Road and Pine Tree Lane, Bald Rock area.
Action requested: SET PUBLIC HEARING DATE FOR APRIL 17, 1984, AT
11:15 A.M.
15. Child Abuse Prevention Month. Action requested: ADOPT RESOLUTION
$4-57 PROCLAIMING VICTIMS RIGHTS WEEK AND THE MONTH OF APRIL AS
CHILD ABUSE PREVENTION MONTH,
16. Ordinance establishing speed limit on Skyway (from South Park Drive
to Paradise town limits) at 35 mph and Durham-Dayton Highway (from
McAnarlin Avenue to Burdick Road) at 25 mph. Action requested:
WAIVE THE FIRST READING OF THE ORDINANCE.
17. Salary ordinance amendment - a salary ordinance amendment has been
prepared to implement several reclassification changes requested
as part of the 1983-84 budget process and to add a half-time position
in the Health Department. Action requested: WAIVE THE SECOND READING
AND ADOPT ORDINANCE 2396.
18. Water Commission bylaws - the Butte County Water Commission forwards
proposed bylaws for Board of Supervisors consideration and approval.
Action requested: APPROVE BYLAWS AND AUTHORIZE THE CHAIRMAN TO SIGN.
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March 27, 1984
March 27, 1984
84-250 l9. Assembly Bi11 375$ (Herger) - the Butte County Water Commission
{Cont'd) recommends your Board authorize a letter to Assemblyman Herger relating
to the conduct of additional studies on the Sacramento River and its
northern tributaries. Action requested: AUTHORIZE CHAIRMAN TO SEND
LETTER TO ASSEMBLYMAN HERDER.
20. Letter of clarification on SB 201 school fees, Action requested:
AUTHORIZE CHAIRMAN TO SEND LETTER TO CHTCO UNIFIED SCHOOL DISTRICT.
21. 1984-85 County Justice System Subvention Program - a resolution has
been prepared far program funding giving assurances of nan-supplantation
of county funds. Action requested: ADOPT RESOLUTION 84-58 AND
AUTHORIZE THE CHAIRMAN TO SIGN.
22. Consultant services agreement -Jerry Orton - an agreement has been
prepared for consultant services in the maximum amount of $1,000 to
plan and evaluate the future direction of the homeless and emergency
runaway effort (HERE) program. Action requested: APPROVE CONTRACT
AND AUTHORIZE THE CHAIRMAN TO SIGN.
24. Communications:
a. James W. Lewis, attorney at law - on behalf of Richard Dorr
submits a claim in the amount of $115,042 as a result of alleged
breach of contract between June 20, 1982, and December 31, 1983.
Action requested: REFER TO COUNTY COUNSEL AND RISK MANAGEMENT
COORDINATOR FOR REPORT AND RECOMMENDATIONS.
b. Magalia County Water District - forwards its resolution No. 77
urging the installation of a stop sign on the old Skyway at the
north and south corners of Indian Drive. Action requested: REFER
TO DIRECTOR OF PUBLIC WORKS FOR RECOMMENDATIONS AND RESPONSE.
25. CETA Modification - The CETA Program will close out on March 31, 1984.
This modification responds to the FY 82-83 audit and provides a non-
cash adjustment to the grant - action requested - APPROVE THE MODTFT-
CATION AND AUTHORIZE THE CFiATRMAN TO SIGN.
MOTION: APPROVE CONSENT AGENDA
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried
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March 27, 1984
March 27, 1984
Regular Agenda
84-251 Report from Caunty Counsel ~.oncerning the request of Lou Ann M. Rupp for
($$) granting relief of taxes on property, AP 30-19-2-019. (CHAIRMAN SARACENI
TO BRING BACK ON AGENDA AFTER CONFERRING WITH TAX COLLECTOR AND ASSES50R)
84-252 State Water Resources Control Board - forwards information on the imple--
(137) mentation of underground tank legislation and requests the designation of
a contact agency and person.
MOTION: DESIGNATE DEPARTMENT OF PUBLIC HEALTH, ANA DR. A~, RAITT AND LYNN
VANHART. AS CONTACT PERSONS.
S M
VOTE: I N 2 Y 3 NV 4 Y 5 Y (Motion carried)
84-253 Appointments to Conservation Camp Site Selection Committee - Districts
{262) 2 and 4. {from 3/2Q/84)
MOTION: APPOINT BE'T'H METZGER, DISTRICT 4.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
84-253 Request for Board direction on renaming of old Skyway through the town
{29&) of Magalia.
MOTION: T,EAVE THE NPaME 'SKYWAY' ON THE OLD ROAD GOING THROUGH MAGALIA
AND DESIGNATE THE NE[nT ALIGNMENT AS 'NEW SKYWAY.'
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y {Unanimously carried)
84-254 JTPA Administration - the Prime computer system maintenance contract with.
{362) Applied Computer Services ends March 33., 1984, and requested is extension
of the contract through dune 3Q, 1985 to be funded with JTPA funds.
{from 3/12/84)
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March 27, 1984
March 27, 1984
84-254 J~TPA Prime computer utilization -- the Personnel Department and the Auditor's
(Cont'd) Office both use the Prime computer for ,7TPA fiscal program control. The
Auditor also uses limited computer time in the county budget process.
Revisions are necessary to offset this county use with in-kind auditor
services. (from 3/13/84.)
MOTION: APPROVE CONTRACT EXTENSTON AND ADOPT PRIME COMPUTER UTILTZATTON
RESOLUTION NO. 84-58 (A) AND AUTHORTZE THE CHAIRI~iAN TO SIGN.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
84-255 Presentation by Sheriff-Coroner on request to establish Local Suppression
(393} of Drug Abuse in Schools Advisory Committee.
MOTION: APPROVED CONCEPT AS PRESENTED BY THE SHERIFF.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
(MARTIN NICHOLS, CHIEF ADMINISTRATIVE OFFICER, INDICATED VACANCTES WOULD
HAVE TO $E POSTED.)
84-256 Consideration of request
(833) to cross a one-foot wide
Lane in the Bald Rock are
MOTION: APPROVED.
S
t.70TE: 1 Y 2 Y
RECESS: 9:40 A.M.
RECONVENE: 9:57 A.M.
from GDA Engineering on behalf of Wayne.Grif£ith
"no access strip" at the east end of Star Crest
~a for AP 62-07-33.
M
3 Y 4 Y 5 Y (Unanimously carried)
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March 27, 1984
March 27, 1984
Public Hearings & Timed Items
84-257 Maintenance Area Benefit Assessments to determine land use categories and
{979) factors for FY 1984. (from 3/13/84)
MOTION: ADOPT SECOND ALTERNATIVE AS RECOMMENDED BY THE CHIEF ADMINISTRATIVE
OFFICER IN MEMO DATED MARCH 14, 1984,- ADOPTING RESOLUTION 84-59.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y {Unanimously carried)
84~-258 Continued hearing - Cook Associates on behalf of Don Choate, appeal the
(1097; Advisory Agency's recommended mitigated negative declaration regarding
environmental impact and denial of a tentative parcel map, AP 24-24-44,
dividing approximately 82 acres into 4 parcels, one at 15.8 acres, one at
26.2 acres, and two at 20 acres, property located on the north side of
Lower Honcut Road near its intersection with Highway 70, south of Oroville.
{from 3/13/83) (HEARING CONTINUED OPEN TO APRIL 3, 1984, AT 11:15 A.M.
PUBLIC WORKS, ENVIRONMENTAL HEALTH AND PLANNING DEPARTMENTS REQUESTED
TO PREPARE CONDI'T`IONS THEY FEEL ARE NECESSARY.)
RECESS: 10:06 A.M.
RECONVENE: 10:33 A.M.
84-259 Determination of whether the use of property for a church is a compatible
(1256) use in an agricultural preserve for property located on the north side of
Rio Bonito Road, approximately 3000 feet west of Highway 99, identified
** as AP 22-10-05, Biggs.
00
RECESS: 11:50 A.M.
RECONVENE: 11:58 A.M.
MOTION: AFTER CONSIDERATION OF ALL THE TESTIMONY', FIND T~-IAT CHURCHES WILL
BE COMPATIBLE USE IN AGRICULTURAL PRESERVES; ADOPT RESOLUTION 84-60
AMENDING RESOLUTION 68-7 TO PERMI'T' CHURCHES [nTITHIN AG PRESERVES.
S M
VOTE: l Y 2 y 3 Y 4 Y 5 N (Motion carried)
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March 27, 1984
84-260 Recognition of persons wishing to speak:
(1086)
1. Bob Willoughby - presenting the Board with a report of Cooperative
Extension in Butte County in 1983.
2. Ben Woodson- requesting immediate funding for AGAPE project. (MR.
WOODSON ADVISED TO MEET WITH CHIEF ADMINISTRATIVE OFFICER.)
3. Kelly Meagher - regarding unpaid Bidwell Heights Environmental Impact
Report costs.
MO'T'ION: UNLESS 2 AM ADVISED THAT THERE IS SOME OTHER WAY, 'T'HAT WE INITIATE
PROCEEDINGS IN SUPERIOR COURT.
M
VOTE: 1 2 3 4 5 {Motion dies for lack of second)
(SUPERVISOR WHEELER REQUESTED A BREAK-DOWN OF THE CHARGES.)
RECESS: 12:22 P.M.
RECONVENE: 1:33 P.M.
Closed Hearings
84-261 Wylie J. Sesser - request for variance to sections 19-10 and/or 19-12
(1720) of the Butte County Code for placement of a mobile home on AP 44-03-156,
Rt. 1, Sox 478-D, Chico area, Hosler Avenue. Zoning: "ARMH-3" (from 3/20/84)
Hoss and Carol Bernerd - request for variance to sections 19-IO and/or 19-12
of the Butte County Code for placement of a mobile home on AP 72--15-005,
2876 Foothill Boulevard, Oroville. Zoning "A-5". (from 3/20/84)•
MOTION: INITIATE ZONING AMENDMENT TO ALLOW A SECOND MOBILE HOME RESIDENCE
FOR THE PURPOSES DELINEA`CED IN THE "AUNT MINNTE" PROCEDURE FOR
THOSE ZONES THAT ALLOW MOBIDES, ESTABLISHING A USE PERMIT PROCEDURE
TO DO THE SAME THING THE "AUNT MINNIE" WOULD D0.
M S
VOTE : l Y 2 Y 3 Y 4 Y 5 Y
{NO ACTION TAKEN ON REQUESTS FOR VARIANCE AT THIS TIME.)
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March 27, 1984
$4-262 County Medical Services Program {MIA) - workshop and notice of intent to
(2360) enter into a contact with the State Department of Health Services for
-- participation in the CMSP Program for the period July 1, 1984. through
June 30, 1985. (NO ACTION TAKEN. MATTER TO SE LISTED ON THE REGULAR
AGENDA ON APRIL 3, 1984.)
84-263 Joint Meeting - Board of Supervisors and Planning Commission to discuss
(2379 variances, agricultural segregations and other. items.
*~~
000 RECESS: 2:50 P.M.
RECONVENE: 3:02 P.M.
Russ Croninger requested clarification of the motion adopting Resolution
81-217 on September 29, 1981, as it refers to lot sizes:
MOTION: IT WAS THE BOARD'S INTEN'T' TO ELIMINATE MINIMUM LOT SIZES
BECAUSE THA'I' LEVEL OF SPECIFIC INFORMATION WAS INAPPROPRIATE
ZN THE GENERAL PLAN HOUSING ELEMENT AND SHOULD BE DEALT WITH
TN ANOTHER MANNER.
M 5
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried}
{SUPERVISOR WHEELER RECOMMENDED THAT THE REQUEST FROM THE PLANNING COMMIS-
SION THAT REPRESENTATIVES FROM COUNSEL, PUBLIC WORKS AND ENVIRONMENTAL
HEALTH BE PRESENT AT COMMISSION MEETINGS BE REFERRED TO THE ADMINISTRATIVE
OFFICER TO DISCUSS WITH DEPARTMENT HEADS RELATIVE TO THE COSTS INVOLVED.)
,x;,84-264 Consideration of the recommendations of the Chief Administrative Officer
,:_(3050) and the Sheriff-Coroner regarding organizational responsibilities for
county civil defense preparedness functions. (WITHDRAWN AT THE REQUEST
OF THE SHERIFF.}
ADJOURNMENT; There being nothing further before the Board at this time
the meeting was adjourned at 3:46 p.m.
ATTEST:
MARTIN J. NICHOL
Chi Administr 've Officer
C1e of th Bo r
By:
Chairman, Board of Supervisors
and
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March 27, 1984