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HomeMy WebLinkAboutM010786Jan~aar,~ 7, 1986 Ca]l to order - Board of Supervisors room, County Administration Building, 25 County Center Drive, Oroville. Present: Supervisors Dolan, Mclnturf, McLaughlin, Wheeler and Chairman Fulton; Martin J. Nichols, chief administrative officer; Harvey Wallace, county counse]; and Rubye Townsley, deputy cleric of the Board. Pledge of allegiance to the Flag of the United States of America. 86-OT Election of Board Chairman. {35) Motion: ELECTED ED McLAUGHLIN AS CHAIRMAN. M S Uote: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried) {A PLAQUE WAS PRESENTED TO SUPERVISOR FULTON BY CHAIRMAN McLAUGHLIN IN APPRECIATION OF HIS EFFORTS AS CHAIRMAN DURING 1985.) 86-02 Election of Yice Chairman. (]30} Motion: ELECTED HILDA WHEELER AS VICE CHAIRMAN. S M Vote: l Y 2 Y 3 Y 4 Y 5 Y ( Unanimousay~ carried) (COMMENTS WERE MADE BY SUPERVISORS.) 86-03 Additional items from Board members to be addressed at the end (349) of the day. ]. Supervisor McTnturf - passibility of changing the number of Board meetings. 2. Supervisor Dolan _ vacancy in Economic Development Committee. Page 246 January 7, 1986 86-03 3. Supervisor Wheeler - resolution for the Taiwan government. {Cont'd) 4. Supervisor Fulton - increase in health fees and vacancy on Planning Commission. 5. Chairman McLaughlin - report on meeting concerning annexation of North Ya11ey Ma11. 86-04 Items added to, amended or removed from the Consent Agenda. T. A. Jeffrey Dehart, attorney, at law - on behalf of the City of Oroville, Jan Duke and Gary Grant, fires a claim for indemnity in the lawsuit of Pauline and Eugene Gilliam vs. County of Butte, City of Orovi71e, et a1. (PULLED FROM AGENDA TO BE BROUGHT BACK RT R LATER DRTE.) 2. Welfare Department - the Welfare Director submits a report requesting an augmentation of his 1985-8fi budget in the amount of $605,500 in local funds. 3. Personnel Appeals Commission - Commission Chairman Neil McCabe's term expires December 31, 1985 and he has indicated he does not wish to be considered for reappointment. 4. Joe Yarosevich - writes concerning problems with vehicle speed law enforcement on Keefer Road and Garner Lane. 5. Budget transfers. {CHIEF ADMINISTRATIVE OFFICER STATED THAT B-709 AND B-170 SHOULD BE ADDED TO THE OTHER BUDGET TRANSFERS.) 6. Resolution recognizing Martin Luther King Day. (ITEM ADDED BY CHIEF ADMINISTRATIVE OFFICER.) 86-05 Consent Agenda 7. Approval of minutes. APPROVED MINUTES OF DECEMBER 77, 7985. 2. Budget transfers. APPROVED BUDGET TRANSFERS 8-702, B-103, B-105 8-706, B-109 AND B-110. 3. Butte County Board of Supervisors - proposed negative declaration and amendment to Chico Area General Plan Policy Statement to allow the consideration of air agricultural zones in the orchard and field crop designation for the Chico Urban Area on property zoned A-2 (general}, A-5, A-20, A-40 {agricultural - 5, 7O, 20 and 40 acre parcels), located in the Chico Urban Area. SET NEARING DATE FOR FEBRUARY 4, 7986 AT 2.00 P.M. Page 247 January 7, 7986 86-05 4. Board of Supervisors - rezone {item on which an environmental (Cont'd} impact report has been certified) from U {unclassified) and AR-5 {agricultural residential - 5 acre parcels) to A-R (agricultural residential), AR-5, AR-70 (agricultural .residential - 10 acre parcels}, R-C (resource conservation) and A-40 (agricultural - 40 acre parcels) property generally located south of Grand Avenue, west of 18th Street and Larkin Road, north of East Hamilton Road, and east of State Highway 99, west of OrovilTe. The project also includes all of the Thermalito Afterbay recreation area and property east of Larkin Road southeast of Orovi7le Airport in the runway clear zone. (file 84-72) SET HEARING DATE FOR FEBRUARY 4, 1986 AT 3:30 P.M. 5. Resolution of intention to rename Bay Yiews Court (Mission Olive Road to end) to PTeasant View Lane. ADOPTED RESOLUTION 8fi-Ol SETTING HEARING- DATE FOR FEBRUARY 4, 1986 AT 3:30 P.M., AND AUTHORIZED THE CHAIRMAN TO SIGN. 6. Applications far inclusion into the Land Conservation Act. SET HEARING DATE FOR FEBRUARY 4, 7986 AT 4:00 P.M. 7. Butte County Library donation - in accordance with Government Code §25355, a donation has been received in the amount of $200 from Marjorie O`Brien, of Oroviiie, for the purchase of books. ACCEPTED DONATION AND AUTHORIZED LETTER OF APPRECIATION. 8. Butte County Library donation - in accordance with Government Code §25355, a donation has been received in the amount of $2,000 from Jay and Mary Gibson, of Chico, for the purchase of books. ACCEPTED DONATION AND AUTHORIZED LETTER OF APPRECIATION. 9. Student Drug Abuse Suppression Program donation - in accordance with Government Cade §25355, donations have been received from the Oroviile Elementary School District in the amount of $1,500 and from the Palermo Elementary School District i n the amount of $500 to be used to fund the Student Drug Abuse Suppression Program. ACCEPTED DONATIONS RND AUTHORIZED LETTERS OF APPRECIATION. l0. Appointments to the Mental Health Advisory Board. APPOINTED DR. LOUI5 NUERNBERGER, GRRCE VEITH, CHARLYNE B. CAVANAGH AND JOHANNA KING TO SERVE UNTIL DECEMBER 37, T988. Page 248 January 7, 1986 86-05 11. Report from Director of Planning - W. Warshawer - proposed (Cont`d} mitigated negative declaration regarding environmental impact and denied rezone from U (unclassified) to FR-3 (foothill recreational - 3 acre parcels) for property zoned U and S-H (scenic highway) located along Mt. Ratchet Road, south of Highway 162, approximately 1 mile northwest of the Canyon Creek Sridge, identified as RP 77-08-133, 134, 135 and 137, north of Orovi7le (file 86-16) ACCEPTED FOR INFORMATION. 12. Director of Planning - forwards conveyance of development rights and open area easement for Mark Merlo to comply with condition of approval on use permit for AP 39-09-12. AUTHORIZED CHAIRMAN TO SIGN CONVEYANCE OF DEVELOPMENT RIGHTS AND OPEN RREA EASEMENT. 13. Bruce Grinnell, attorney at law - on behalf of James Ernest Janes, files a claim in the amount of $1,000,000 as a result of alleged injuries incurred while incarcerated at the Butte County Jail on August 23, 7985. REJECTED CLAIM AND REFERRED TD COUNTY COUNSEL AND RISK MANAGEMENT. 14. David Allen, attorney at law - on behalf of George Texeira, files a claim in the amount of $103,000 alleging injuries incurred on or about August 24, 1985 while participating in a horse show at the Butte County Fairground. REJECTED CLAIM AND REFERRED TO COUNTY COUNSEL AND RISK MANAGEMENT. 15. J. D. Zink, attorney at law - on behalf of Clifford Frazier, files an application far leave to present a late claim and a claim in the amount of $1,710,000 as a result of alleged injuries and damages incurred on or about March 20, 1985 as a result of a bicycle and car accident on Table Mountain Boulevard. DENIED APPLICATION TD FILE LATE CLAIM AND REJECTED CLAIM. l6. John D. Barr, attorney at law - on behalf of Robert E. Horton, files a claim in the amount of $100,000 alleging slanderous and defamatory remarks by WiIT Mattly, Butte County District Attorney. REJECTED CLAIM AND REFERRED TO COUNTY COUNSEL AND RISK MANAGEMENT. l7. Fish and Game Commission - Bill D'Amato, Fish and Game secretary, requests authorization to purchase two hand-held radios for use by State Fish and Game Wardens. AUTHORIZED PURCHASE OF TWO HAND-HELD RADIOS. l8. Personnel Director requests authorization to purchase the fallowing fixed assets: one IBM PC/XT, $3,800; one Toshiba 35l P printer with tractor feed and cable, $1,475; and software - Dbase IIT, $475, Wordstar Pro-Pack, $350, and Lotus 7-2-3, $350. Budget transfer B-110 establishes an appropriation to purchase this equipment. AUTHORTZED PURCHASE OF FIXED A55ETS. Page 249 January 7, 7986 19. Butte County Fair Board - the Board of Directors request approval of budget transfer 1985-i and the 1986 Butte County Fair Budget totaling $376,043. APPROVED BUDGET TRANSFER 1985-1 AND REFERRED PROPOSED FATR BUDGET TO THE BOARD'S BUDGET COMMITTEE. 20. Jerry Walters - requests reissuance of a county warrant in the amount of $116.54. AUTHORIZED REISSUANCE OF THE COUNTY WARRANT TN THE AMOUNT OF $116.54 IN ACCORDANCE WITH PROVISTONS OF GOVERNMENT CODE §29802(c). 21. Audit report - James L. Johansen, auditor/controller, submits audit reports for the fiscal year ending June 30, 1985 for the Chico Municipal Court, Biggs Justice Court, Gridley Justice Court, Oroviiie Justice Court and Paradise Justice Court. ACCEPTED FOR INFORMATION. 22. Penalty abatement requests - change of ownership reports. APPROVED PENALTY ABATEMENT REQUESTS AS RECOMMENDED BY THE CHIEF ADMINISTRATIVE OFFICER: WILLIAM JEROME BOYES, III AND KATHRYN JEAN BOYES, AP 045-57-0-001-0; M. K. NORMAN, AP 028-30-0-018-Q; DENNIS ROBINSON, ET AL, AP 036-31-0-133-0; AND BENJAMIN D. PAINTER, AP 073-05-7-008-0. DENIED THE FOLLOWING PENALTY ABATEMENT REQUESTS A5 RECOMMENDED BY THE CHIEF ADMINISTRATIVE OFFICER: ERIC A. SOLDAHL, AP 007- 22-0-013-0; ,EDWARD C. & SARAH JANE BRUNO, AP 003-07-3-012-0; MARK S. ALLISON AND PAMELA C. RINGWOOD ALLISON, AP 042-33-0- 008-0 AND MARLENE DELAPP, AP 007-04-0-011-0. 23. Salary ordinance amendment - the ordinance adds one deputy district attorney position and one deputy district attorney investigator position to the District Attorney`s Office; reclassifies one juvenile hall counselor position (vacant} to the lower classification of typist clerk III; and deletes five deputy county counsel positions. WAIVED THE SECOND READING AND ADOPTED ORDINANCE 2506. 24. Resolution forming the County Assessment District Review Committee. ADOPTED RESOLUTION 86-02 AND AUTHORIZED THE CHAIRMAN TO SIGN. 25. Resolution setting forth approval of securities process under the State Subdivision Map Act - said resolution transfers responsibilities of the Clerk of the Board pursuant to Government Cade §66464 and 66493 to the Treasurer/Tax Collector. ADOPTED RESOLUTION 86-03 AND AUTHORIZED THE CHAIRMAN TO SIGN. Page 250 January 7, 1986 86-05 26. Resolution authorizing the Director of Public Works to submit (Cont'd) an application to the Department of Transportation for a $264,000 grant to be used to purchase two replacement buses for the Butte County Transit System. Local matching funds totaling $66,000 from county TDA sources have been established in the bus replacement reserve account. ADOPTED RESOLUTION 86-04 AND AUTHORIZED CHAIRMAN TO SIGN. 27. Senior Nutrition Program - an agreement has been prepared to permit the county to transfer to the Community Action Agency all accrued interest earned through September 30, 1985 on Senior Nutrition Program grant funds. APPROVED AGREEMENT AND AUTHORIZED THE CHAIRMAN TO SIGN. 28. Memorandum of Understanding modification - modification to the Memorandum of Understanding with the Law Enforcement General Unit has been reached regarding cash advances for mandatory training. MODIFIED THE MEMORANDUM OF UNDERSTANDING TO BECOME PART OF THE CURRENT MOU. 29. Family Planning Program - the County Director of Public Health requests authorization to submit the annual renewal application far the 1986-87 Family Planning Services contract. AUTHORIZED COUNTY DIRECTOR OF PUBLIC HEALTH TO SUBMIT THE RENEWAL APPLICATION FOR THE FAMILY PLANNING SERVICES CONTRACT FOR FUNDING IN THE AMOUNT OF $46,000 FOR FISCAL YEAR 1986-87. 30. Capital Project Grant - the Director of Public Health requests authorization to apply far a $15,000 Capital Project Grant from the State Department of Health Services in order to replace an outdated autoclave. APPROVED THE CAPITAL PROJECT GRANT AWARD AND AUTHORIZED THE CHAIRMAN TO SIGN THE GRANT. 31. Student Drug Abuse Suppression Program - Tom Wiebelhaus, project administrator, submits the November performance report concerning activities of the Butte County Drug Suppression Program. ACCEPTED FOR INFORMATION. 32. Pursuant to Article II, Section 2-3 of the Butte County Code, the next meeting of the Board of Supervisors is hereby scheduled for January 22, 1986, commencing at 10:00 a.m. in the Board of Supervisors Chambers, 25 County Center Drive, Orovi7le. Communications. 33. a. Chateau East Owners' Association - writes to express opposition to the County`s plan of widening East Avenue to a six-lane roadway from Ceres Avenue to Geanothus Avenue and the change in zoning from R-4 and S-R to either C-l, G-2, or N-C. ACCEPTED FOR INFORMATION AND REFERRED TO PLANNING COMMISSION. Page 251 January 7, 1986 86-05 33. Communications (Cont'd) (Cont'd) b. Henry P. Freeman - writes to advise that vertical cesspools and septic holes are polluting drinking water in the valley floor. ACCEPTED FOR INFORMATION AND REFERRED TO ENVIRONMENTAL HEALTH. c. Chief Administrative Officer - forwards letter sent to H_ L. Richardson, state senator. ACCEPTED FOR INFORMATION. d. Don Rogers, state assemblyman - writes to request support for AB 1460 which would give rural counties greater share of gasoline sales tax receipts for road maintenance, REFERRED TO CHIEF ADMINISTRATIVE OFFICER FOR REPORT AND RECOMMENDATION. 3~4. Resolution recognizing Martin Luther King, Jr., Day on January 20, 1986. ADOPTED RESOLUTION 86-05 AND AUTHORIZED THE CHAIRMAN TO SIGN. Motion: APPROVED CONSENT AGENDA. M S Vote: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried) R_ equl_ar Agenda 86-06 Joe Yarosevich - writes concerning problems with vehicle speed {463) law enforcement on Keefer Road and Garner Lane: Motion: AGREED TO IGNORE COMMUNICATION. M S Vote: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried) 86-07 Welfare Department - the Welfare Department submits a report (509) requesting an augmentation of his 1985-8fi budget in the amount of $605,500 in local funds. Motion: REFERRED TO CHIEF ADMINISTRATIVE OFFICE FOR REVIEW AND RECOMMENDATION. M Vote: 7 Y 2 Y 3 Y 4 Y Page 252 S 5 Y {Unanimously carried) January 7, 1986 86-08 Personnel Appeals Commission - Commission Chairman Neil McCabe's {658) term expires December 3T, 1985 and he has indicatd he does not wish to be considered for reappointment. Motion: AUTHORIZED CERTIFICATE OF APPRECIATION FOR NEIL McCABE AND REQUESTED THE COMMISSION TO NOMINATE A REPLACEMENT. S M Vote: 7 Y 2 Y 3 Y 4 Y 5 Y {Unanimously carried) (CHAIRMAN McLAUGHLIN INDICATED HE WOULD LIKE FOR LETTERS TO BE SENT TO ALL BOARD OF SUPERVISORS' ADVISORY AGENCIES REQUESTING MORE THAN ONE NOMINATION WHENEVER POSSIBLE.) Recess: 9:30 a.m. Reconvene: 9:38 a.m. 86-09 iteport concerning child abuse investigations: (770} a. Preliminary report from the Grand Jury. b. Consideration of a salary ordinance adding two child abuse investigators to the District Attorney's Office. (THE CHIEF ADMINISTRATIVE OFFICER READ THE REPORT FROM THE GRAND JURY ,WHICH HAD JUST BEEN PRESENTED TO THE BOARD.) Motion: DIRECTED CHIEF ADMINISTRATIVE OFFICER TO PROCEED WITH IMPLEMENTING ITEMS 6 AND 7 OF THE GRAND JURY FINDINGS. M S Vote: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried} (NO FURTHER ACTION WAS TAKEN ON THE SALARY ORDINANCE AT THIS TIME.) 86-10 iteport from Board Budget Committee on request by Sheriff for (1205) reinstatement of the Civil Division. Motion: IMPLEMENTED BUDGET COMMITTEE'S RECOMMENDATION TO REINSTATE THE DIVISION, ADDING TWO CIVIL DEPUTY POSITIONS AND THE REQUESTED COMPUTER ITEMS, APPROVING A BUDGET TRANSFER TRANSFERRING FROM RESERVES THE NECESSARY FUNDS TO FINANCE $19,000 IN VARIOUS COMPUTER ITEMS AND $32,804 IN SALARIES, WAGES AND BENEFITS FOR THE TWO CIVIL DEPUTIES. S Vote: 1 Y 2Y 3Y 4Y M 5 Y (Unanimously carried) Page 253 January 7, 1486 $6-17 Report from Chief Administrative Officer regarding request from (1390} Economic Development Corporation to apply for a Sudden and Severe Economic Dislocation Grant. Motion: ADOPTED RESOLUTION 86-06, CONTINGENT UPON THE MATCH BEING AVAILABLE FROM NON-COUNTY GENERAL FUND SOURCES. S M Vote: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried} 86-12 Report from Planning Director and County Counsel regarding the (1502} Bob peacher matter in a7 lowing a Class "A" contractors construction equipment yard and maintenance building in an A-40 zone. (from 12/17/85) {CONTINUED TO FEBRUARY 4, 1986 IN ORDER TO OBTAIN MORE INFORMATION.} 86-13 Planning Director requests Board consideration of a use permit {1552) fora water filtration tower at East 5th Avenue and Sherman Avenue in Chico. Motion: TO FIND THAT A USE PERMIT IS NECESSARY IN THIS INSTANCE. M S Vote: 7 N 2 Y 3 N ~# N 5 Y (Motion failed} 86-i4 Report from Public Forks Director on bid opening for construction (2085} of pavement marking and signing at various locations in the county and the hazard elimination project - County Project No. SP--85-1. Motion: AWARDED BID TO HANKS ENTERPRISES AND A BUDGET TRANSFER IN THE AMOllNT OF $14,000 FROM THE ROAD CONTINGENCY FUND. S M Vote: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried) 86-15 Report from Public forks Director on SB 300 fonds and proposed (2364) pavement overlay project. Motion: AUTHORIZED PUBLIC WORKS DEPARTMENT TO PROCEED WITH SB 300 FUNDS DESIGN AND TO PREPARE BID. S M Vote: T Y 2 Y 3 Y 4 Y 5 Y {Unanimously carried} 86--76 Consideration of an ordinance establishing the Underground Storage (2715) Tank Program. Motion: WAIVED THE FIRST READING OF THE ORDINANCE.' M S Vote: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried) Page 254 January 7, 1986 Recess: 70:32 a.m, Reconvene: 10:43 a.m. Public Hearings and Timed Items 86--17 Paul Sauer - appeal of the Planning Commission's denial of rezone {2734) (item on which environmental documents have not been completed) from S-R (suburban residential} to R-3 (medium density residential) and R-4 {maximum density residential restricted service) for ** property located on the east side of Floral Avenue, approximately 00 one-half mile north of East Avenue, identified as AP 48-03-4-58 . and 59, Chico. Motion: BASED ON GOVERNMENT CODE §65956(b) WHICH STATES, "FAILURE OF AN APPLICANT TO SUBMIT COMPLETE OR ADEQUATE INFORMATION MAY CONSTITUTE GROUNDS FOR DISAPPROVING A DEVELOPMENT PROJECT," DENIED THE REQUEST FOR A REZONE ON AP 48-03-4-58 AND 59, WITHOUT PREJUDICE. M F Vote: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried) 86-78 Santa Fe Pacific Timber Company - rezone (categorically exempt (625) from environmental review) from FR-160 (foothill recreation - 16O acre parcels} to TPZ-760 {timber preserve - 160 acre parcels) far property located along Island Bar Hill Road, (Ponderosa Way, approximately two miles northwest of Lumpkin Road, identified as AP 77-06-02, 77-06-74, Feather Falls area. (File 86-8) Motion: NOTED THAT THE. PROJECT IS CATEGORICALLY EXEMPT FROM ENVIRONMENTAL REVIEW AND FOUND THAT THIS PROJECT CONFORMS TO THE POLICIES INCLUDING TEXT AND MAP OF THE BUTTE COUNTY GENERAL PLAN, AND ADOPTED ORDINANCE 2507 REZONING FROM FR-T6O TO TPZ-160 THAT PROPERTY IDENTIFIED RS AP 71-06-02 AND 71-06-14, SANTA FE PACIFIC TIMBER COMPANY. M S Vote: l Y 2 Y 3 Y 4 Y Regular Agenda 5 Y (Unanimously carried} 86-19 Report an water symposium - Supervisor Wheeler. (from 12/17/85} (57$} (PLANS OUTLINED BY SUPERVISOR WHEELER. NO ACTION TAKEN.) 86-20 Appointments to Richvale Sanitary District, Drainage District No. 100 and Drainage District Na. 200. {from 12/17/85) (CONTINUED UNTIL FEBRUARY 4, 1986.) Page 255 January 7, 1986 86-21 Paradise Area TasK Force far Wastewater Management. (645) Motion: SET PUBLIC HEARING FOR FEBRUARY 5, 1986 AT 7:30 P.M. AT THE P.O.A. CLUB MOUSE IN PARADISE PINES. S Vote: 1 Y 2 Y 3 Y 4 Y (SEE MINUTE ORDER 86-33.) 86-22 1. Discussion of request by the (736) become the JTPA administering en 2. Discussion of a reorganization Department and JTPA functions. M 5 Y (Unanimously carried) Private Industry Council to t;ty. plan separating the Personnel Motion: DESIGNATED A BOARD COMMITTEE TO NEGOTIATE A NEW AGREEMENT WITH THE PIC; WAIVED FIRST READING OF ORDINANCE AMENDMENT TRANSFERRING 50~ OF THE PERSONNEL DIRECTOR POSITION FROM JTPA TO PERSONNEL; APPROVED A BUDGET TRANSFER IN THE AMOUNT OF $6,400 AND ACQUISITION OF A PERSONAL COMPUTER AND SOFTWARE SYSTEM FOR PERSONNEL; APPROVED CERTIFICATE OF APPRECIATION TO JIM RAGKERBY FOR ADMINISTERING THE PROGRAM FOR THE PAST FEW YEARS. S Dote: l Y 2 Y 3 Y 86-23 Report from Chief Admini (870) election equipment. Motion: APPROVED TRANSFER TO THE ELECTIONS OF $66,400 TO PAY M 4 Y 5 Y (Unanimously carried) strative Officer regarding purchase of FROM THE APPROPRIATION FOR CONTINGENCIES DEPARTMENT, SPECIAL DEPARTMENT EXPENSE, FOR THE ALREADY PURCHASED EQUIPMENT. M S Vote: T Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried) Recess: 11:28 a.m. Reconvene: 11:35 a.m. Public Hearings and Tamed Items 86-24 Richard Hughes - proposed negative declaration and rezone from (1062} A-R (agricultural - residential) to C-2 (general commercial} property located approxir~ately b00 feet east of Highway 99, approximately 600 feet south of Wilson Landing Road, identified as AP 47-30-90, Chico. (File 85-67) Page 256 January 7, 1986 86-24 Motion: FOUND THAT THE REQUIREMENTS OF CEQA HAVE BEEN COMPLETED (Cont`d) AND CONSIDERED IN MAKING THIS DECISION AND ADOPTED A NEGATIVE DECLARATION AND FOUND THAT THE PROPOSED REZONE CONFORMS TO THE POLICIES, INCLUDING THE TEXT AND MRP, OF THE BUTTE COUNTY GENERAL PLAN; ADOPTED ORDINANCE 2508 REZONING TO C-2 THAT PROPERTY IDENTIFIED AS THE WESTERLY 42 feet of AP 47-30-90, RICHARD HUGHES. S M Vote: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried) Closed Hearings 86-25 Butte County Planning Commission - proposed negative declaration regarding environmental impact and rezone from R-4 (maximum density residential restricted service) and S-R (suburban residential) to either C-7 (Tight commercial), C-2 (general commercial), C-C (community commercial), N-C (neighborhood commercial) or H-C (highway commercial) for property having frontage on East Avenue located east of Gohasset Road and west of Ceres Avenue, Chico (file 84-70 B&D}. (from 12/17/85) (CONTINUED TO FEBRUARY 4, 1986. ) 86-26 Additional items from Board members: 1. Supervisor Fulton - questions regarding the scheduled meeting for .lanuary 22, 1986. (BOARD INDICATED THAT FOR MEETINGS LIKE THIS, WHICH MAY NOT CONTINUE UNTIL AFTERNOON, THE BUSINESS FROM THE FLOOR WOULD BE PLACED AT THE END OF THE AGENDR.) CEOSED SESSION: The Board recessed at 11:42 a.m. for lunch and far a closed session on potention litigation involving North Valley Mali EIR, a personnel matter, Code 7 lawsuit, and Anderson vs. Butte lawsuit. RECONVENE: The Board reconvened at 3:45 p.m. following a lunch break and a closed session. (SEE FOLLOWING MINUTE ORDER.) 86-27 Report on closed session. (MR. NICHOLS INDICATED ONLY TWO ITEMS WERE DISCUSSED: POTENTIAL LITIGATION INVOLVING NORTH UALLEY MALL AND ANDERSON VS. BUTTE.) Motion: RATIFIED RETAINING THE FIRM OF KRONICK, M(}SKOYITZ, TIEDEMANN & GIRARD TO REPRESENT THE COUNTY OF BUTTE ON THE NORTH VALLEY PLAZA MALL ENVIRONMENTAL IMPACT REPORT S M Vote: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried) Page 257 ~lanuary 7, 1986 Public Hearings and Timed Items 86-28 Recognition of persons wishing to speak. (1342) 7. Kelly Meagher - proposed wildlife preserve in Butte Creek Canyon. 2. Marge Redding - requesting help from Supervisors in obtaining permit to build a dwelling on her property for disabled son. 3. Alvin Ogle - requesting a Grand Jury investigation into the Sheriff`s Department. 4. Paul Segore - complaints regarding county fees. ~** 5. Bob Crisan - remarks regarding Grand Jury report on child 000 abuse investigations. Motion: REQUESTED GRAND JURY FOR CLARIFICATION AND DETAIL WITH REGARD TO ITS REPORT DATED JANUARY 6, AT LEAST ITEMS 7 THROUGH 4. REQUESTED COUNTY COUNSEL TO REVIEW THE CASES THAT WELFARE DIRECTOR MENTIONED AND TO SRiNG BACK A REPORT AND OPINION ON THOSE. S M Vote: l Y 2 Y 3 Y 4 Y 5 Y {Unanimously carried) 6. Nell Lind - questions regarding the number of cases investigated regarding child abuse. 7. Mr. Casey - asking support for the preservation of the Gianella Bridge. {REPORT FROM PUBLIC WORKS DIRECTOR REQUESTED.) 8. Henry Woodson - requesting Board participation in Martin Luther King Day celebration. Public Heari~s and Timed Items 86-29 Aime Hebert - proposed negative declaration and rezone from R-N (936) {residential nonconforming) to M-1 (light industrial) for property located on the west side of Lincoln Blvd., south of Jefferson Street and east of railroad tracks, identified as AP 35-20-1, 10, T9, 20, 23, 25, and 30, OrovilTe. Motion: FOUND THAT THE REQUIREMENTS OF CEQA HAVE BEEN COMPLETED AND CONSIDERED IN MAKING THIS DECISION AND ADOPTED A NEGATIVE DECLARATION; FOUND THRT THE PROPOSED REZONE CONFORMS TO THE POLICIES, INCLUDING THE TEXT AND MAP OF THE BUTTE COUNTY GENERAL PLAN; AND ADOPTED ORDINANCE 2509 REZONING TO M-1 (LIGHT INDUSTRIAL) THAT PROPERTY IDENTIFIED AS AP 35-20-1, 70, 19, 20, 23, 25, RND 30, RIME HERBERT, ET AL. M S Vote: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried) Page 258 January 7, 7986 86-30 Environmental Impact Report - Forfcs of the Butte. (PUBLIC INPUT TAKEN. DIRECTION GIVEN TO SEND LETTER TO WATER **** RESOURCES CONTROL BOARD REQUESTING PUBLIC HEARING BE HELD IN Oooa BUTTE COUNTY,AND OFFERING BOARD ROOM FOR THIS PURPOSE.) Recess: 4:45 p.m. Reconvene: 4:58 p.m. (SUPERVISOR DOLAN ABSENT AT THIS TIME.) 86-31 Ron Graves & Associates - on behalf of Bob Condon, appeal the (7665} Advisory Agency's denial of tentative parcel map (proposed negative declaration regarding environmental impact}, AP 27-22-124 and 125, four parcels, property located on the north s7 de of Melody Lane approximately one mile east of its intersection with Palermo Honcut Highway, Palermo area. ***** Motion: FOUND THE TENTATIVE PARCEL MAP FOR BOB CONDON ON 00000 AP 27-22-124 RND 27-22-124 DOES NOT CONFORM TO THE POLICIES OF THE BUTTE COUNTY GENERAL PLAN, AND DENIED THE APPLICANT'S APPEAL OF THE ADVISORY AGENCY'S DENIAL GF THE TENTATIVE PARCEL MAP OF BOB CONDON ON AP 27-22~-124 and 27-22-725. M S Vote: 1 Y 2 AB 3 N 4 Y 5 Y {Motion carried} 86-32 Additional items from Soard members: {379) i. Supervisor McInturf - requesting that the Board meet more often . (SUPERVISOR DOLAN PRESENT AT THIS TIME.) Motion: SET FEBRUARY 79, 1986 AT 9:00 A.M. AS A REGULAR MEETING OF THE BOARD. S M Vote: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried) 2. Supervisor Dolan - informed the Board that Joe Nichols is resigning from EDG Board of Directors and that the vacancy should he posted. Motion: AUTHORIZED LETTER OF APPRECIATION TO JOE NICHOLS. M Vote: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried) Page 259 January 7, l9$6 86-32 3. Supervisor Wheeler - requested a resolution far the County (Cont'd) of Taipei. Motion: DIRECTED STAFF TO PREPARE A RE50LUTION FORMING A SISTER/COUNTY RELATIONSHIP WITH THE COUNTY OF TAIPEI, BRINGING THE RESOLUTION SACK TO THE BOARD FOR ADOPTION. M S Vote: 7 Y 2 Y 3 Y 4 Y 5 Y {Unanimously carried) 4. Supervisor Wheeler - presented copy of a letter from Sally Teasda7e with petitions requesting immediate installation of traffic signals at the East Lassen Avenue and Cohasset Road area_ Motion: DIRECTED LETTER BE SENT TO CITY OF CHICO ALONG WITH PETITIONS URGING THE CITY TO EXPEDITE THE INSTALLATION OF THE STOP LIGHTS. S M Vote: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried} Regular Agenda 86-33 paradise Area Task Force for Wastewater Management. (SEE MINUTE ORDER 86-22.) (HEARING DATE WA5 RESET FOR FEBRUARY 77 AT 7:30 AT THE P.O.A. CLUBHOUSE IN PARADISE PINES.) 86-34 Additional items from Board members: 1. Supervisor Fulton - problems with health fees in regard to food establishments. Motion: AGREED THAT NO ONE WILL BE REQUIRED TO PAY A PENALTY FOR ANYTHING MORE THAN THE FEE FOR THE PREVIOUS YEAR, UNTIL BOARD CAN RESOLVE THIS. M S Vote: T Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried} (CONTINUED TO JANUARY 22, 1986.) CLOSED 5E55ION: The Board recessed at 6:42 for a closed session on Meet and Confer, Code 7 lawsuit and a personnel matter. RECONVENE: The Board reconvened at 7:09. (ND ANNOUNCEMENTS.) Page 260 January 7, 7986 AQJOURNMENT: There being nothing further before the Board at this time the meeting was adjourned at 7:10 p.m., to reconvene on January 22, 1986 at 10:00 a.m. Chairman, Board o upervisor ATTEST: MARTIN J. NICHOLS Chief Administrative Officer and Clerk of the Board of Supervisors By: Page 261 January 7, 1986