HomeMy WebLinkAboutM050884MaY $, 19$4
Call to order -Board of Supervisors Room. County Administration
Building, 25 County Center Drive, Oroville
Present: Supervisors Dolan, Fulton, Moseley, ~dheeier and Chairman
Saraceni; 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
$4-380 Additional items from Board members to be addressed at the end of the
day:
1. Supervisor Moseley would like to make nominations to the Gridley-
Biggs Cemetery District.
84-381 Consent agenda items amended, corrected yr removed for separate
consideration:
I. Approval of minutes - May 1, 1984.
2. Deer Herd Study Panel.
84-382 Consent Agenda
1. Budget transfers. Action requested: APPRaVE BUDGET TRANSFERS
8-212, 8-213 AND B-215.
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May 8, 1984
May 8, 1984
84-382 2. Wyandotte Cemetery District Board of Directors. Action requested:
(Cont'd} REAPPOINT MELVIN C. TABER AND WILBUR MOORS TO SERVE UNTIL MAX 1988.
3. Paradise Memorial Hall Committee. Action requested: APPOINT JAMES
___ _TiAYES (MARINE CORPS.LEAGUE) AND-JACK JOHNSON (VETERANS OF FOREIGN
[nTARS) TO SERVE UNTIL DECEMBER 31, 19$4.
4. Robert M. Huskey, civil engineer - on behalf of Michael Pierce and
Francis Costello, appeals the Advisory Agency's denial of a revised
tentative parcel map (item on which a mitigated negative declaration
of environmental impact has been previously certified by the Board
of Supervisors}, AP 28-17-95, dividing 40 parcels into four parcels
of 7.88 acres, 11.40 acres, 10.77 acres and 10.09 acres, property
located on the southwest corner of Stoney Oaks Loop and Stoney
Oaks Boulevard, Swedes Flat area. Action requested: SET PUBLIC
HEARING DATE FOR JUNE 5, 1984, AT 10:00 A.M.
5. Mark McClintock -- proposed negative declaration regarding environ-
mental impact and rezone from A-40 (agricultural -- 40 acre parcels)
to A-15 (agricultural _ 15 acres parcels) located approximately
1200 feet west of State Highway 99, on the south side of Anita
Road, identified as a portion of AP 47-13-123, Chico. Action
requested: SET PUBLIC HEARING DATE FOR JUNE 5, 1984, AT 10:15 A.M.
6. Butte County Board of Supervisors - (item determined to be cate-
gorically exempt from environmental review) - amendment to Butte
County Code Section 24-21.28 b to change the definition of a
recreational vehicle park. Action requested: SET PUBLIC HEARING
DATE FOR JUNE 5, 1984, AT 10:30 A.M.
7. Butte County Board of Supervisors - (item determined to be cate-
gorically exempt from environmental review) - amendment to the Butte
County Code to add Section 24-304 to allow temporary mobile home as
a. second dwelling. Action requested: SET PUBLIC HEARING FOR
JUNE 5, 1984, AT 10:45 A.M.
8. County Service Area No. 87 - (Keefer Road/Rock Creek Drainage) -
the Local Agency Formation Commission has approved the Board's
request for the renaming of this county service area from Upper
Mud Creek Drainage to Keefer Road/Rock Creek Drainage. LAFCo has
also responded to the City of Chico's request that all city
property be excluded. Action requested: ADOPT RESOLUTION 84-86
INITIATING PROCEEDINGS AND SETTING THE PUBLIC HEARING DATE FOR
JUNE I2, 1984, AT 10:30 A.M.
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May 8, 1984
May 8, 1984
84-382 9. Establishment of County Service Area No. 92 {Rosewood Subdivision --
(Cont'd) street lighting) - the property owners of the subdivision have
applied for the formation of a street lighting county service area
and the application has been approved by LAFCo. Action requested:
ADOPT RESOLUTION 84-87 APPROVING THE FORMATION OF COUNTY SERVICE
AREA NO. 92.
10. Butte County population. Action requested: CERTIFY POPULATION
ESTIMATES FROM THE STATE DEPARTMENT OF FINANCE AS OF ,TANUARY 1, 19$4,
AND DIRECT AUDITOR/CONTROLLER TO FORWARD CERTIFTCATTON TO APPROPRIATE
AGENCIES.
ll. Advance step hiring - the Assessor requests and the Personnel
Director recommends authorization to hire an appraiser II at
range 20.5, step C. Action requested: AUTHORIZE ADVANCE STEP
HIRING.
12. Assembly Concurrent Resolution 150 relative to fire: protection.
Action requested: AUTHORIZE LETTER OF SUPPORT FOR ACR 150.
l3. Federal Forest Highway Funds allocation. Action requested:
AUTHORIZE LETTER SUPPORTING THE POSITION OF THE ASSOCTATION OF
OREGON COUNTIES WITH REGARD TO THE FOREST HIGHWAY FUND.
14. Tax and Revenue Anticipation Note issue for 1984--85 - contracts
have been prepared for financial management/underwriter services
with Ehrlich-Bober and Company, Tnc. {$38,000 fixed rate option),
and bond counsel service with Hawkins, Delafield & Woad ($6,500).
Action requested: APPROVE CONTRACTS AND AUTHORIZE THE CHIARMAN
TO SIGN.
15. Population growth and Municipal Court Districts. Action requested:
ADOPT RESOLUTION 84-88 REQUESTING THE STATE UUDICTAL COUNCIL TO
CONDUCT A REVIEW AND MAKE RECOMMENDATIONS FOR THE COUNTY JUDICIAL
SYSTEM.
16. Butte County Fire Department donations - in accordance with
Government Code Sectien 25355 a donation of $2,673.85 has been
made by the North Chico Volunteer Fire Department for acquisition
of equipment to put the North Chico water tender into operation.
Action requested: ACCEPT DONATIONS FOR PLACEMENT INTO THE
VOLUNTEER FIRE DEPARTMENT BUDGET SPECIAL DEPARTMENT EKPENSE
ACCOUNT.
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May 8, 1984
May 8, 1984
84--382 17. Final map -Flower Subdivision, Unit 3 - the developer has
(Cont'd) provided a cash deposit to guarantee construction of required
improvements within one year for the four-lot subdivision,
AP 55-44-34, property located on both sides of Royal Canyon
Lane, 20p feet southeast of Countzy Club Dzive in the Paradise
urea. Action requested: ACCEPT DEPOSIT BY DEVELOPER FOR TAXES
OR SPECIAL ASSESSMENTS WH.TCH ARE A LIEN BUT NOT YET DUE OR
PAYABLE, APPROVE FINAL MAP, ACCEPT EASEMENTS AS OFFERED FOR
DEDICATION IN THE OWNERS CERTIFICATE AND ACCEPT GRANT IN FEE
SIMPLE FOR ROYAL CANYON DRIVE, AND AUTHORIZE THE CHAIRMAN TO
SIGN THE SUBDIVISION AGREEMENT.
l8. Paradise Bluffs Assessment District - letter agreement with
Pacific Bell - covering, Pacific Bell's portion of trenching
work for utility installation. Action requested: APPROVE
LETTER AGREEMENT, AUTHORIZE ACTING PUBLIC WORKS DIRECTOR TO SIGN
AND AUTHORIZE AUDITOR TO INVOICE PACIFIC BELL FOR $3,687.50 AS
zTS sHARE OF cosTS.
l9. Midway Bridge at Ash Creek - a right-of-way services agreement
has been prepared covering services to be performed by Caltrans
right--of-way personnel. Action requested: APPROVE AGREEMENT,
AUTHORIZE THE CHAIRMAN TO SIGN AND DIRECT THE AUDITOR TO MAKE
ADVANCE DEPOSIT OF $2,900.
20. Esplanade and Nord Highway intersection flashing yellow lights -
an agreement has been prepared containing responsibilities of
county and Chico Unified School District for installation and
operation of the lights. Action requested: APPROVE AGREEMENT
AND AUTHORIZE THE CHAIRMAN TO SIGN.
21. Pentz Road at Lago Vista Way -- an agreement has been prepared
with Madre De Oro Partners covering the inclusion of a left--
turn lane in the county's FAS project for 1984-85 fiscal year.
Action requested: APPROVE CONSTRUCTION AGREEMENT AND AUTHORIZE
THE CHAIRMAN TO SIGN.
22. Diagnostic Services contract.--
the California Youth Authority
performed under order from the
1984-85. The contract amount
services. Action requested:
THE CHAIRMAN TO SIGN.
a contract has been prepared with
for diagnostic studies to be
Superior Court foz fiscal year
is $2,400 per month for professional
APPROVE AGREEMENT AND AUTHORIZE
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May 8, 1984
May 8, 1984
84-382 23:; Amendment to 1983-84 Women, Infants and Children Agreement -
(Cont'd) amendment to Agreement No. 83-81755 A-1 has been prepared
increasing the amount payable to the county in the amount of
$5-639. Action requested: APPROVE AMENDMENT AND AUTHORIZE
THE CHAIRMAN TO SIGN.
24. a. Archie and Ruth Lea Paterson, Chico ~ writes concerning
the status of variance No. 82-IO far AP 39-18-31. Action
requested: REFER TO PLANNING DEPARTMENT FOR A REPORT TO THE
BOARD.
b. G.D.A. Engineering, Oroville - on behalf of Mrs. Matty J.
Keely and Braly Zumwalt, request the Board to initiate abandonment
procedures of road rights-of-way crossing their client's property.
Action requested: REFER TO PUBLIC WORKS.
MOTION: APPROVE CONSENT AGENDA
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried}
Regular Agenda
84-383 Approval of minutes - May 1, 1984. {SUPERVISOR DOLAN 6dOULD LIKE TO
{36} AMEND THE MINUTES OF MAY 1, PdINUTE ORDER 84-371 TO REELECT THAT
DIRECTION WAS GIVEN TO PUBLIC WORKS TO RENEW NEGOTIATIONS WITH
SOUTHERN PACIFIC FOR RELOCATION OF CROUCH DITCH SOUTHWARD ALONG
THE RAILROAD RIGHT-OF-WAY FROM ESTES ROAD TO EDGAR SLOUGH.)
MOTION: APPROVE MINUTES OF MAY 1, 1984, AS AMENDED.
M 5
VOTE: l Y 2 Y 3 Y 4 Y 5 Y {Unanimously carried)
84-384 Deer Herd Study Panel.
(~9)
MOTION: SEND TO PLANNING COMMISSION.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried}
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May 8, 1984
May 8, 1984
84-385 Consideration of request by District Attorney for hearing on report
(100} of surveillance of The Fantasyland Book Store and Theater at 2827 The
Esplanade for May 15, 1984. (CHIEF ADMINISTRATIVE OFFICER REQUESTED
A TWO WEEK DELAY IN ORDER TO bIEET WITH COUNTY COUNSEL AND DISTRICT
ATTORNEY REGARDING PROCEDURAL REQUIREMENT.}
MOTION: FOR ACTION AS REQUESTED BY ADMINISTRATIVE STAI'F.
M S
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
84-386 Report relating to the Bob Y7alters appeal on the denial of a sewage
(173) disposal permit application to serve a one-bedroom apartment presently
under construction at 1144 Stewart Avenue, Chico, AP 43-241-25.
(from 4/24/84).
MOTION: HEAR MR. WALTER'S APPEAL DF THE DENIAL OF A SEWAGE DISPOSAL
PERMIT.
M S
VDTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
MOTION: SET PU$LIC HEARING ON THE WALTERS APPEAL FOR MAY 22, 1984,
AT 10:45 A.M.
M S
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
Closed Hearings
84-387 Bachman & Associates, Chico - on behalf of Ms. Phoebe Gile, appeal
(363) of the Advisory Agency's requirement for an environmental impact
report on a tentative parcel map, AP 47-26-183 and 184, four parcels,
property located approximately 600 feet southeasterly of the intersection
of Highway 99 and Keefer Road, on the east side of Highway 99, north
Chico area. (from 5/1/84) (CONTINUED TO MAY 22, 1984.)
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May 8, 1984
May 8, 1984
RECESS: 9:17 A.M.
RECONVENE: 9:54 A.M.
-_ _ Regular Agenda
84-388 Determination by the Board pursuant to Butte County Code Sections
(397) 24-20, subparagraph (d} regarding definitions Section 24-21.45 -
consideration of fraternity or sorority houses as a quasi-public use.
(CONTTNUED TO MAY 1~, 1984, TO REVIEW SANTA BARBARA VS. ADAMSON
COURT CASE.)
Public Hearings & Timed Items
84-389 Revenue Sharing - proposed use hearing. (TESTIMONY RECEIVED. TO SE
(1239 CONSIDERED DURING BUDGET HEARINGS,)
84-390 Wynoka Homes, Inc. - appeal of the Planning Commission`s denial of a
(1777) use permit (categorically exempt from environmental review} to allow
multiple family dwellings in a single-family dwelling zone and a
variance to front yard setback to allow dwellings 39 feet from the
centerline of Spencer Avenue on property zoned R-N (residential
non-conforming} located on the north side of "C" Street, 100 feet
west of Roseben Avenue; AP 35-111-9 at the northwest corner of Oro
Bangor Highway and Spencer Avenue for AP 25-157-7. (from 4/24/84)
(CONTINUED TO JUNE 12, 1984, AT 11:15 A.M.}
(SUPERVISOR WHEELER ABSENT AT THIS 'T'IME)
84-391 Additional items from Board members to be addressed:
(2096)
1. Supervisor Moseley would like to reappoint members to the Gridley-
Biggs Cemetery District.
MOTION: REAPPOINT LOWELL P. KING, ROSS PIPPITT AND JAMES A. FARRAR
TO THE GRIDLEY-BIGGS CEMETERY DISTRICT.
M
VOTE: 1 Y 2 Y 3 AB 4 Y
(SUPERVISOR WHEELER PRESENT AT THIS TIME)
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S
5 Y (Motion carried}
May $, 1984
May 8, 1984
CLOSED:.SESSION: The Board recessed at 10:4b for a closed session
on litigation.
RECONVENE: The Board reconvened at 11:03 a.m. following a closed
session on litigation.- {NO ANNOUNCEMENTS.)
Public Hearings & Timed Items
$4-392 Recognition of persons wishing to speak:
(2103)
1. Flo O'Patrny - requesting the Board adopt an ordinance covering
the Honeyrun Covered Bridge area. (MATTER TAKEN UNDER SUS-..
MISSION, WITH A REPORT BACK IN TWO WEEKS.)
2. ,Toe Sandy - asking the Board to support SB 1741.
MOTION: SUPPORT SS 1741 AND DIRECT IT TO ALL NECESSARY TN3lTVIDUALS
TN SACRAMENTO.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y {Unanimously carried)
3. Russ Croninger - regarding a proposed ordinance amendment to bring
the sewage disposal ordinance into compliance with P.U.D.
(TO SE ON AGENDA FOR 5/15/84); and regarding office hours
of the Chico office of Environmental Health.
4. Allan Kennedy - submitted a petition from property owners in
CSA $7 in opposition to any fees imposed without a vote of
the property owners. He also spoke concerning per parcel
school fees.
5. James Hansen - regarding a candidates forum and~•regarding veterans
issues.
*~ 6. Robert Lee - regarding a problem with a variance. (PUBLIC HEARING
00 SCHEDULED FOR MAY 22, 1984, AT 11:15 A.M.
(SUPERVISOR WHEELER ABSENT AT THIS TIME.)
7. Bill Houston - regarding medical bills which he claims the
county should pay.
(SUPERVISOR WHEELER PRESENT AT THIS TIME.)
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May 8, 1984
May 8,.1984
8. PatricEc Porgens - regarding the groundwater study.
9. Ben Woodson - regarding the home for the homeless and revenue
sharing funds.
84-393 CLOSED SESSION: The Board recessed at 11:47 for General Assistance
(540) Fair Hearings on Case No. 04.90-44832 and Case No. 04-91-
48190.
RECONVENE: The Board reconvened at 1:39 p.m. following closed session
for Fair Hearings. (NO ANNOUNCEMENTS)
84-394 Additional items from Board members:
1. Supervisor Saraceni would like the Board to approve a Certificate
of Appreciation for Gertrude Gilbert, 90 years old, for her
contributions to Oroville and Butte County.
MOTION: APPROVE CERTIFICATE OF APPRECIATION.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried}
AT?JOURNMENT: There: being nothing further before the Board at this
time the meeting was adjourned at 1:40 p.m.
Chairman, Board of Supervisors
ATTEST:
MARTIN J. NTCHOLS
Chief Adminis five Officer and
C]gerk of the o rd of Supervisors
By
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May 8, 1984