Loading...
HomeMy WebLinkAboutM020486February 4, 1986 Call to order - Board of Supervisors room, County Administration Building, 25 County Center Drive, Oroville. Present: Supervisors Fulton, McTnturf, Wheeler and Chairman McLaughlin; Martin ~. Nichols, chief administrative officer; Harvey Ylallace, county counsel, by Claude Biddle, deputy county counsel; and Rubye Townsley, deputy clerk of the Board. Absent: Supervisor Dolan. Pledge of allegiance to the Fiag of the United States of America. Moment of silence in memory of the NASA crew who perished in the shuttle tragedy. (SUPERVISOR DOLAN PRESENT AT TWIS TIME.) 86-48 Additional items from Board members to be addressed at the end of the day. {NONE RT THIS TIME.) 86-49 Items removed from the Consent Agenda for Board consideration and action. 1. Approval of minutes. 2. Budget transfers. 86-50 Consent Agenda 1. Butte County Planning Commission -- proposed negative declaration regarding environmental impact and General Plan amendment to revise General Plan Land Use Element of the Chico Urban Area to reflect existing development, servicing constraints and achieve intergovernmental General Plan consistency in various areas within the Chico Urban Area (File 85-196). SET HEARING DATE FOR FEBRUARY T9, 1986 AT 3:00 p.M. Page 272 February 4, 1986 86-50 {Cont'd) 2. William Anglin - proposed negative declaration regarding environmental impact and rezone from U (unclassified} to AR-7 (agricultural residential - one acre parcels) on property located on the southwest corner of Highway 70 and Gold Run Court, identified as RP 25-02-36, Oroville. SET HEARING DATE FOR FEBRUARY 19, 1986 AT 3:30 P.M, 3. Butte County Library donation - in accordance with Government Code §25355, a donation has been received in the amount of $200 from the Ladies Auxiliary, Fraternal Order of Eagles, Oroville, for the purchase of books. ACCEPTED DONATION AND AUTHORIZED LETTER OF APPRECIATION. 4. Appointment to the Rir Pollution Control District Board of Directors. REAPPOINTED DIRECTORS JON M. ANDERSON, REGISTERED ENGINEER MEMBER, AND DR. WILLIAM COATS, PHYSICIAN MEMBER, TO SERVE UNTIL JANUARY 78, 1989. 5. Appointment to the Chico Veterans Memorial Hall Committee. APPOINTED E. LEE BAUGHN, PRIMARY MEMBER, AND CYRIL E. WILLIAMS, ALTERNATE, REPRESENTING THE CHICO CHAPTER, CALIFORNIA VETERANS SQUARE DANCE ASSOCIATION TO SERVE UNTIL DECEMBER 31, 1986. 6. Gary Jacobs - proposed mitigated negative declaration regarding environmental impact and rezone from PA-C (planned area cluster) to S-R (suburban residential) for five units and PUD (planned unit development) far 2O unit residential development on property located on the east side of Quista Drive and the west side of Alamo Avenue, 220 feet south of East Avenue, identified as AP 42-07-38, Chico. DIRECTED CLERK OF THE BOARD TO NOTIFY THE APPLICANT THAT PURSUANT TO BUTTE COUNTY CODE §24-28.1 "PRIOR TO THE BOARD OF SUPERVISORS SETTING A PUBLIC HEARING, AN ESTIMATED PUBLISHING FEE, AS PROVIDED FOR BY RESOLUTION OF THE BOARD OF SUPERVISORS, SHALL BE DEPOSITED WITH THE CLERK OF THE BOARD." 7. Report to the Board - George Havel - denied rezone {item on which the environmental documents have not been completed) from TM-5 (timber mountain - five acre parcels) to TM-2-1/2 (timber mountain 2-1/2 acre parcels) for property located at the end of Nopel Avenue, 2200 feet north of Highway 32, identified as AP 63-11-03, Forest Ranch. 8. Final map - Sierra Foothills Subdivision No. 2 - the developer has provided a cash deposit to guarantee maintenance of facilities for a period of one year starting January 22, 1986 for the subdivision, AP 63-30-128, located on the southerly end of Zinfandel Drive in the Doe Mill Ridge area, Forest Ranch area. APPROVED THE FINAL MAP; ACCEPTED EASEMENTS AS GRANTED IN ITEMS A AND B OF THE OWNER'S CERTIFICATE ON BEHALF OF THE PUBLIC; AND AUTHORIZED THE CHAIRMAN TO SIGN THE SUBDIVISION RGREEMENT. (NOTE: ALL TAXES AND LIENS HAVE BEEN PAID.) Page 273 February 4, T986 86-50 (Cont`d} 9. Zoning ordinance books - the Planning Director recommends a cast of $4.25 for new zoning ordinance books. APPROVED COST OF ZONING ORDINANCE BOOKS AT $4.25. 10. Brant J. Sordsen, attorney at law - on behalf of Starkey Ranch and Voda Starkey, files a claim for indemnification regarding Butte County Superior Court Case No. 89116. REJECTED CLAIM AND REFERRED TO COUNTY COUNSEL AND RISK MANAGEMENT. ll. Brant J. Bordsen, attorney at law - on behalf of Starkey Ranch, files an indemnification claim for Butte County Superior Court Case Na. 89093. REJECTED CLAIM AND REFERRED TO COUNTY COUNSEL AND RISK MANAGEMENT. l2. Larry B. Moss, attorney at law - on behalf of Debra Ann Hart, files a claim for indemnification on Butte County Superior Court Case No. 87708. REJECTED CLAIM AND REFERRED TO COUNTY COUNSEL AND RISK MANAGEMENT. 13. Phillip and Sherry Myers - file a claim in the amount of $100,000 as a result of alleged damages resulting from an incident involving the Sheriff's Department on October 1, 1985. REJECTED CLATM AND REFERRED TO COUNTY COUNSEL AND RISK MANAGEMENT. 74. James C. Kuppenbender, attorney at law - on behalf of Kenneth Earl Jones; Christine A. Jones; Bradford J. Jones and Robert J. Jones, by and through their guardian ad litem, Christine A. Jones, files a claim and amended claim for alleged injuries and damages resulting from an accident at Oro Dam Raceway on October 13, 1985. REJECTED CLAIMS AND REFERRED TO COUNTY COUNSEL AND RISK MANAGEMENT. 15. Les Hait, attorney at law - on behalfi of Shirley Ellen Rolston, deceased, et al, files a claim in the amount of $3,217,790 resulting from an accident on State Highway 70 on October 9, 1985. REJECTED CLATM AND REFERRED TO COUNTY COUNSEL AND RISK MANAGEMENT. 76. Library typewriter - Board authorization is requested to acquire a typewriter in the amount of $683.70 as approved in the California Literacy Campaign budget. APPROVED ACQUISITION OF TYPEWRITER. 17. Air Pollution typewriter - Board authorization is requested to acquire an electric typewriter in the estimated amount of $890. Budget transfer B-731 has been prepared to provide the necessary appropriation. AUTHORIZED ACQUISITION OF TYPEWRITER. Page 274 February 4, 1986 86-5a (Cont'd) 18. Public Works equipment acquisition - the Public Works Director requests authorization to purchase two 4-6 ton steel rollers at the cost included in the budget for one roller. AUTHORIZED ACQUISITION OF SECOND STEEL ROLLER. 19. Penalty abatement requests - change of ownership reports. APPROVED THE FOLLOWING PENALTY ABATEMENT REQUESTS AS RECOMMENDED BY THE CHIEF ADMINISTRATIVE OFFICER: JACQUELINE S. REESE, AP 053-38-0-036-0; CHESTER C. GRANKA, AP 054-24-0-029-0; JEAN & JOHN KASSEL, AP 045-26-0-033-0. DENIED THE FOLLOWING AS RECOMMENDED BY THE CHIEF ADMINISTRATIVE OFFICER: MR. & MRS. TERRY LEE LOGUE, AP 050-43-0-009-0; MR. & MRS. E. H. OCHINERO, AP 035-43-0-088-0, 094-0 THROUGH 134-0; MR. & MRS. DOUGLAS B. WILSON, AP 024-12-0-056-0; AND MR. & MRS. STEPHEN D. NIEGEL, AP 048-42-0-018-0. 20. Local transportation fund claim - Amtrak Depot maintenance - the claim has been prepared for SB 325 funds for submittal to the Butte County Association of Governments to cover Butte County's portion of the maintenance for the Chico Amtrak Depot amounting to $1,700. APPROVED CLAIM AND AUTHORIZED DIRECTOR OF PUBLIC WORKS TO SIGN. 21. Contract amendment No. 5 - Connerly & Associates agreement - the amendment extends the terms of the agreement covering the 1983-84 and 1984-85 CDBG consultant agreement to June 30, 7986 with no cost to the county. APPROVED CONTRACT AMENDMENT AND AUTHORIZED THE CHAIRMAN TO SIGN. 22. Report on audit - Community Development Block Grant Nos. B-81DN-06-0003 and B-82-DH-06-0003 - the Department of Housing and Urban Development has submitted comments upon the audit of the subject grants. ACCEPTED COMMENTS FOR INFORMATION. 23. Reconveyance of Deed of Trust - 2221 "C" Street - a request for full conveyance has been prepared covering the property which is part of the county's Housing and Community Development Program. AUTHORIZED THE CHAIRMAN TO SIGN THE REQUEST FOR FULL CONVEYANCE. 24. Summary abandonment - portion of Bangor Park Road - a resolution for summary abandonment has been prepared covering a portion of Bangor Park Road right-of-way which was deeded in error and is no longer needed. This matter concerns the Butte View Recreational Club waiver of parcel map for four parcels on the south side of Bangor Park Road at Teddy Lane, Bangor area. ADOPTED RESOLUTION 86-08 FOR SUMMARY ABANDONMENT AND AUTHORIZED THE CHAIRMAN TO SIGN. Page 275 February 4, 1986 86- 50 (Cont'd) 25. Right-of-way exchange - portion of Bangor Park Road - the Butte View Recreational Club has provided a right-of-way deed for Bangor Park Road in exchange for an existing right-of--way that was deeded in error. APPROVED THE AGREEMENT, ADOPTED RESOLUTION 86--09 FOR EXCHANGE OF REAL PROPERTY, AND AUTHORTZEO THE CHAIRMAN TO SIGN THE RESOLUTION, AGREEMENT, QUITCLAIM DEED, AND ACCEPTANCE OF THE GRANT DEED. 26. Forest .development road cooperative agreement - Humboldt Road, Road No. 91422, and Humbug Summit Road, Road No. 91573 - an agreement has been prepared with the U.S. Forest Service covering maintenance of the subject roads to be performed by the Forest Service as part of timber sales and no county funds are involved. APPROVED THE AGREEMENT AND AUTHORIZED THE DIRECTOR OF PUBLIC WORKS TO STGN ON BEHALF OF THE COUNTY. 27. Approval of plans and specifications - Pavement Overlay of Cohasset Road and Skyway, Project No. AC-$fi-lA and Paving Overlay of Oroville-Quincy Highway, Forbestown Road and Lower Wyandotte Road, Project No. AC-86-7B - plans and specifications have been completed for the two projects to be funded from SB 300 road monies. APPROVED THE PLANS AND SPECIFICATIONS; ADOPTED THE WAGE SCALE; AND SET BID OPENING AT 17:00 R.M. ON FEBRUARY 27, 1986 IN THE PUBLIC WORKS OFFICE. 28. Resolution declaring through highways - as part of the county's recently approved stop sign installation safety project, it is necessary to declare various county roads as shown in the resolution be designated as through roads so that stop signs can be erected at intersecting streets. ADOPTED RESOLUTION 86--10 AND AUTHORIZE THE CHAIRMAN TO SIGN. 29. Salary ordinance amendment - the amendment adds two civil deputy positions to the Sheriff's Department. WAIVED THE SECOND READING AND ADOPTED ORDINANCE 2512 TO BECOME EFFECTIVE MARCH 8, 198fi. 30. Settlement agreement - CNA Insurance Company - an agreement has been reached with CNA Insurance to reimburse the county $31,077.28 for costs associated with the defense and settlement of the Jones, Dominguez, Price lawsuit. APPROVED AGREEMENT AND AUTHORIZED THE CHAIRMAN TO SIGN. 31. JTPA - annual agreement - the annual agreement between the Board and the Private Industry Council has been prepared by the Board/PIC committee and approved by the full PIC. APPROVED THE AGREEMENT AND AUTHORIZED THE CHAIRMAN TO SIGN. Page 27fi February 4, 1986 86-50 (Cont'd} 32. Sheriff`s civil division - software agreement - an agreement has been prepared with Howard H. Hi71 to provide computer programs for the Sheriff's Department relating to the civil division. The agreement is in the amount of $12,720 and covers the period through June 30, 1986. APPROVED AGREEMENT AND AUTHORIZED THE CHAIRMAN TO SIGN. 33. Juvenile Hall agreement _ Lassen County - an agreement has been prepared which would enable Lassen County to place its juveniles in the Butte County Juvenile Hall at the current rate of $47.23 per day. APPROVED AGREEMENT AND AUTHORIZED THE CHAIRMAN TO SIGN. 34. 1985-86 Women, Tnfants and Children agreement - the agreement has been prepared with the State Department of Health Services in the amount of $118,743 covering participation in the WIC supplemental food program which is 100 federally funded. APPROVED AGREEMENT AND AUTHORIZED THE CHAIRMAN TO SIGN. 35. Esplanade Manor contract - an agreement has been prepared with Edith A. Lausten, dba Esplanade Manor, for the period January T through June 30, 1986 for residential treatment services. The amount of the contract is $63,094. APPROVED AGREEMENT AND AUTHORIZED THE CHAIRMAN TO SIGN. 36. California Youth Authority agreement - Juvenile Hall - an agreement has been prepared which would establish the Butte County Juvenile Hall as a regional center in providing twelve beds to the State of California in accepting juveniles. The term of the agreement covers July 1, 1985 through June 30, 1986. APPROVED AGREEMENT AND AUTHORIZED THE CHAIRMAN TO STGN. 37. Certificates of appreciation - Bonnie Northan and Tim Tolcuno. APPROVED CERTIFICATES OF APPRECIATTON AND AUTHORIZED THE CHAIRMAN TO SIGN. 38. Well destruction report - the Director of Environmental Health submits the three-month report covering destruction of wells and drainage wells. ACCEPTED FOR INFORMATION. (from 9/l7/85) 39. Planning Commissioner's travel - pursuant to Board resolution, authorization is necessary to approve funding for Commissioner Lambert to attend the Northern California district meeting in San Francisco in the approximate amount of $734.48 far transportation and meals. AUTHORIZED TRAVEL. 40. Mental Health Advisory Board member travel - authorization is necessary to approve funding for Grace Veith to attend the Mental Health Advisory Board`s quarterly business and training session to be held in Culver City on February 72, 1986 in the estimated amount of $400. AUTHORIZED TRAVEL. Page 277 February 4, 1986 86-50 {Cont'd) 41. Letter of support - underground utility projects - a letter has been prepared to the County Supervisors Association of California supporting introduction of legislation to amend Government Code §38793 providing counties with the same authority and option as cities in assessing costs of preparing real property for underground utility service as a lien against the property. APPROVED LETTER RND AUTHORIZED THE CHAIRMAN TO SIGN. 42. Resolution proclaiming February 22 - March 31, 1986 as Family Communication Week. ADOPTED RESOLUTION 86-T1 AND AUTHORIZED THE CHAIRMAN TO SIGN. 43. Communications. a. Mary N. and Aime J. Hebert, Oroville - writes regarding code changes which are presently under consideration before the Planning Commission. ACCEPTED FOR INFORMATION RND REFERRED TO PLANNING. b. North State R.I.D.S. Project - writes forwarding information concerning their involvement in providing educational information to individuals and organizations. ACCEPTED FOR INFORMATION. c. Butte County Special Districts Association - writes encouraging the Soard of Supervisors to continue distribution of the Special District Augmentation Fund based upon the 1985-86 fiscal year formula. REFERRED TO BUDGET COMMITTEE. d. Law Library Trustees - write requesting that $16,000 be included in the 1986-87 budget for funding assistance to the Law Library and that consideration be given to increasing filing fees to the maximum amount allowed. REFERRED TO CHIEF ADMINISTRATIVE OFFICER. e. Judge Jerome E. Warren, Oroville Justice Court - writes concerning overcrowded conditions of the holding roam facilities in the court. REFERRED TD GOVERNMENT OPERATIONS COMMITTEE, f. Dean Hi11, Oroville fire chief - writes concerning overcrowded conditions in the holding rooms at the Orovilie Justice Court facility. REFERRED TO GOVERNMENT OPERATIONS COMMITTEE. g. P-iartin J. Nichols, chief administrative officer - submits a copy of a letter sent to the Chico City Council regarding the draft environmental impact report for the North Va11ey Plaza Mall annexation. ACCEPTED FOR INFORMATION. Page 278 February 4, 1986 s6-50 {Cont'd) 43. Communications (continued) h. Martin J. Nichols, chief administrative officer - submits information on the status of the Governor's budget. ACCEPTED FOR INFORMATION. Motion: APPROVED CONSENT AGENDA. S M Vote: T Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried) Regular A~9enda 86-5T Approval of minutes. (SUPERUISOR DOLAN INDTCATED THAT IN THE MINUTES OF JANUARY 22, T986, PAGE 270, MINUTE ORDER 86-45, SHE WAS NOT THE MAKER OF THE FIRST MOTION.) Motion: APPROVED MINUTES OF JANUARY 22, AMENDING MINUTE ORDER 86-45, TO INDICATE THAT SUPERVISOR WHEELER MADE THE FIRST MOTION, SECONDED BY SUPERVTSOR FULTON. M S Vote: 7 Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried) Closed Session: The Board recessed at 9:T2 a.m. for a closed session on meet and confer. Reconvene: The Board reconvened at 9:20 a.m. (SEE FOLLOWING MINUTE ORDER.) 86-52 Report on closed session. Motion: APPROVED THE MEMORANDUM OF UNDERSTANDING BETWEEN BUTTE COUNTY AND BUTTE COUNTY LAW ENFORCEMENT OFFICERS' ASSOCIATION. WAIVED THE FIRST READING OF AN ORDINANCE ADDING FIVE DEPUTY SHERIFF POSITIONS AND ONE SHERIFF SERGEANT POSITION FOR THE REMAINDER OF THE 79$5-86 FISCAL YEAR. APPROVED BUDGET TRANSFER B-736 TO PROVIDE FOR THE APPROPRIATION FOR THE MOU WITH LAW ENFORCEMENT OFFICERS' ASSOCIATION FOR SETTLEMENT OF THE CODE 7 CLAIM. S M Vote: T Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried} Page 279 February 4, 1986 R~ Agenda 86-53 Budget transfers and report to Board from Finance Committee. (GERALD LIVELY REPORTED THAT BUDGET TRANSFER B-T19 IN THE AMOUNT OF $101,520 COVERS THE PRESENT DEFICIENCIES IN THAT UNIT; DEFICIENCIES IN THIS BUDGET UNIT TO BE REVIEWED MONTHLY AND A RECOMMENDATION AND BUDGET TRANSFER TO BE BROUGHT TO THE BOARD TO COVER SUCH DEFICIENCIES. B-721 WOULD BE CHANGED WITH RESPECT TO THE SOURCE OF THE FUNDS. THE $41,274 WOULD COME FROM THE RESERVES RATHER THAN UNANTICIPATED REVENUES.) Motion: APPROVED BUDGET TRANSFERS B-712, B-115, B-716, B-117, B-118, B-120, B-T22, B-123, B-127, B-13T, B-132 AND B-133; AND B--179 AND 8-121, AS AMENDED. M 5 Vote: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried) (FINANCE COMMITTEE RECOMMENDED THE ISSUE OF THE PHONES, A NONFINANCIAL ISSUE, BE REFERRED TO THE OPERATIONS COMMITTEE AND REQUESTED THAT THE FAIR BOARD BUDGET PREVIOUSLY REFERRED TO THE FINANCE COMMITTEE SE REREFERRED TO THE BUDGET COMMITTEE.) 8fi-54 Presentation of report from the Child Abuse Task Force. Motion: REFERRED RECOMMENDATIONS, ITEMS 7 THROUGH 8, TO CHIEF ADMINISTRATIVE OFFICER, ALONG WITH PREVIOUSLY REFERRED RECOMMENDATIONS OF THE GRAND ~3URY, TO COORDINATE AND EXPEDITE. -- M S Vote: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried) (SEE MINUTE ORDER 86-70) (CHAIRMAN McLAUGHLIN RESIGNED THE CHAIR, TURNED THE MEETING OVER TO VICE CHAIRMAN WHEELER, AND WAS ABSENT FROM THE ROOM DURING DISCUSSION OF THE FOLLOWING ITEM.) 86-55 Consideration of applications for inclusion into the Land Conservation Act. Motion: APPROVED RECOMMENDATION OF THE COMMITTEE. S M Vote: 7 Y 2 Y 3 Y 4 AB 5 Y (Motion carried) 86-56 Consideration of comments to the City of Chico's draft environmental impact report on the North Valley Plaza Mall annexation project - action requested - APPROVE COMMENTS AND AUTHORIZE SUBMITTAL TO THE CITY OF CHICO. (CHAIRMAN McLAUGHLIN PRESENT AT THIS TIME AND RESUMED THE CHAIR.) Page 280 February 4, 7986 85-56 (Cont'd) Motion: ADOPTED CHIEF ADMINISTRATIVE OFFICER'S REPORT AS THE COUNTY'S COMMENTS AND AUTHORIZED CHIEF ADMINISTRATIVE OFFICER TO SEND A LETTER TO THAT EFFECT TO THE CITY OF CHICO. M S Vote: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried) (SUPERVISOR DOLAN INDICATED THAT AT A RECENT INTERGOVERNMENTAL CHICO ISSUES COMMITTEE MEETING, COUNCILMEMBER NICHOLS OFFERED TO BRING A RECOMMENDATION OF A STAY TO THE COUNCIL ON TWE PROCESS OF THE ANNEXATION. LETTER FROM BOARD CHAIRMAN TO BE SENT TO COUNCIL TO DETERMINE STATUS OF COUNCILMEMBER NICHOLS RECOMMENDATION.) 86-57 Consideration of application for declaration of necessity for utility easement - Veral7 L. and Ruth E. Shelton. Motion: SET PUBLIC HERRING DATE FOR MARCH 4, 1986 AT 11:00 A.M., REQUIRING THE APPLICANT TO SUBMIT $50.00 FOR PUBLICATION FEES. M S Vote: 1 N 2 N 3 Y 4 N 5 Y {Motion failed) Recess: 10:70 a.m. Reconvene: TO:28 a.m. 86-58 Report by Director of Public Works on the Neal Road Landfill. Motion: APPROVED PROCEEDING WITH NECESSARY STUDIES, TO BE FINANCED BY THE OPERATOR. AUTHORIZED GATE FEES BE INCREASED TO PROVIDE FOR CPI INCREASE AND PAYMENT FOR COST OF REQUIRED REPORTS, WELL5 AND MONITORING. DIRECTED PUBLIC WORKS TO PREPARE REVISED GATE FEE SCHEDULE SUBJECT TO REVIEW RND APPROVAL OF AUDITOR AND RETURN TO BOARD FOR APPROVAL AT FIR5T MEETING IN APRIL WITH NEW FEE SCHEDULE TO BECOME EFFECTIVE ~IUNE 1, 1986. NOTIFICATION WILL BE SENT TO ALL COLLECTORS CONCERNING THE FEE INCREASE. AUTHORIZED EXISTING ANNUAL PAYMENT OF $18,OOO.00 PER YEAR FROh1 OPERATOR BE PLACED IN SEPARATE FUND TO PROVIDE FOR FUTURE STUDIES OR IMPROVEMENTS TO LANDFILL WHICH MAY BE NECESSARY TO CONFORM TO APPLICABLE REGULATIONS. FEE RESOLUTION TO BE REVIEWED BY THE FINANCE COMMITTEE. S M Vote: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried) Page 281 February 4, 1986 86-59 Consideration of request of Karl Ory to reconsider the need for public hearing and use permit for California Water Service Company's air filtration tower at Sherman and 5th Avenues in Chico. Motion: SET HEARING DATE FOR PIARCH 4, 1986 AT 71:00 A.M. M S Vate: l Y 2 Y 3 N 4 N 5 Y (Motion carried) Public Hearings and Timed Items 86--60 Gary Rawlins - abandonment - sanitary sewer easement, AP 42-56-18, 19, 21 and 22, Chico {Fi1e 86-16). Motion: ADOPTED RE50LUTION 86-72 APPROVING ABANDONMENT. M S Vote: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried) 86-61 Jim Fink - proposed negative declaration and rezone from U (unclassified) to TM-1 and 2 (timber mountain - one and two acre parcels) for property located on the north side of Bald Rack Road, approximately one mile east of Oro Quincy Highway, identified as AP 62-56-07, northeast of OrovilTe. Motion: FOUND THAT THE REQUIREMENTS OF CEQA HAVE BEEN COMPLETED AND CONSIDERED IN MAKING THIS DECISION AND ADOPTED A NEGATIVE DECLARATION. FOUND THAT THE PROPOSED REZONE CONFORMS TO THE POLICIES INCLUDING THE TEXT AND MAP OF THE BUTTE COUNTY GENERAL PLAN. ADOPTED ORDINANCE 2513 REZONING TO TM-1 AND TM-2 THAT PROPERTY IDENTIFIED AS AP 62-56-07 (JIM FINK). M S Vote: l Y 2 Y 3 Y ~ Y 5 Y (Unanimously carried} 86-62 S. S. Hinaman - appeals the Planning Commission's denial of a use permit to a11ow the reconstruction of a structure Tocated in the side yard setback one foot from the property line (categorically exempt from environmental review} for property zoned TM-1 {timber mountain - one acre parcels) located on the southeast corner of Lakeside Way ,and Cedar Path, identified as AP 62-1T6-31, Lake Madrone area, northeast of Oroville. (HEARING OPENED AND CONTINUED TO APRIL 1, 1986 AT 11:30 A.M. Regular Agenda 86-63 Report by the Director of Public Works on the request of the Far Northern Regional Center to establish a Butte County transit route between Orovil1e and Paradise. Page 282 February 4, 19$6 86-63 (Cont'd) Motion: APPROVED RECOMMENDATIONS OUTLINED IN MEMO TO BOARD FRONT PUBLIC WORKS DATED JANUARY 28, 1986, AMENDING ITEM NO. 3 TO READ, ''SHOULD FAR NORTHERN REGIONAL CENTER NOT CONTRIBUTE THE REQUIRED AMOUNT, BUTTE COUNTY WILL DISCONTINUE THE ROUTE." S M Vote: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried} 86-64 Discussion of compatibility of sewage treatment ponds in an A-20 {agricultural - 20 acre parcels} zone in conjunction with Rancho Esplanade Mobile Home Park. Motion: AGREED THAT THIS IS NOT AN ALLOWABLE USE IN AN A-20 ZONE. M S Vote: l Y 2 Y 3 Y 4 Y 5 Y {Unanimously carried) 86-65 Report from Board committee regarding employment generating services contract. (from 12/3/85) {CONTINUED UNTIL LATER IN THE RAY.} 8b-66 Consideration of draft fee resolutions for the Underground Storage Tank Program. {from T/22/86) Motion: ADOPT A RESOLUTION ACCEPTING THE FEE SCHEDULE AND THAT WE WILL IMPOUND STATE SURCHARGES. M S Vote: 1 2 3 4 5 (Motion withdrawn) Motion: DIRECT A RESOLUTION BE PREPARED ESTABLISHING A FEE SCHEDULE FOR THIS PROGRAM THAT DOES NOT INCLUDE THE COLLECTION OF THE STATE SURCHARGE. M S Vote: 1 N 2 Y 3 Y 4 N 5 N (Motion failed) Motion: ADOPTED RESOLUTION 86-13 ESTABLISHING A FEE SCHEDULE FOR THIS PROGRAM THAT IMPOUNDS STATE SURCHARGES UNTIL FURTHER ACTION OF THE BOARD AND DOES NOT INCLUDE LOCAL ADMINISTRATIVE SURCHARGE. M S Vote: 1 N 2 Y 3 Y 4 Y Recess: 11:30 a.m. Reconvene: 11:40 a.m. Page 283 5 N (Motion carried) February 4, 1986 Public Hearings and Timed Items 86-67 Drake/Isom - appeal of the Planning Commission's denial of a rezone (item on which a supplement to a previously certified EIR is being used) from A-2 (general) and S~H (scenic highway) to R-C (resource conservation) and either A-R {agricultural residential}, A-SR (agricultural suburban residential), SR-i/2 (suburban residential - T/2 acre parcels} on property located on the east side of Humboldt Road, five miles northeast from Highway 99E, property identified as AP 46-35-04, 23, 46-171-17, 18 (portion}, Chico {Fire 83-50} {HEARING CONTINUED OPEN TO MARCH ~, 1986 AT 2:00 P.M. Regular Agenda 86-68 Consideration of appointments to the Butte County Fair Board. Motion: TO ACCEPT RECOMMENDATIONS OUTLINED BY SUPERVISOR McINTURF IN HIS LETTER TO THE BOARD DATED FEBRUARY 3, 1986. M 5 Uote: 7 Y 2 Y 3 N 4 N 5 N (Motion failed) Motion: APPOINTED NADINE GILLUM FOR A TERM ON THE FRIR BOARD. M S Vote: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried) Motion: APPOINTED JEAN MINASIAN TO THE FAIR BOARD. M S Vote: T Y 2 Y 3 Y 4 Y 5 y {Unanimously carried) {APPOINTMENT FROM DISTRICT 4 TO BE MADE LATER.) Recess: 12:12 p.m. Reconvene: 1:38 p.m. (SUPERVISOR FULTON ABSENT AT THIS TIME.) Public Hearings and Timed Items 86-69 Recognition of persons wishing to speak. 1. Muriel Kelleher - comments regarding Child Abuse Task Force recommendations. 2. Sob Hyman -- problems with a tentative parcel map. Page 284 February 4, T986 86-fig {Cont'd) (SUPERVISOR FULTON PRESENT AT THIS TTME.) 3. Norma Smith - child abuse investigations. 4. Louis Camenzind, Jr. - newspaper article regarding more money for Sheriff; Plumas National Forest ETR; and restoring the Constitution. 5. Nell Lind - child abuse investigations. 6. AT Tarbush - announcement that replica of the Veterans Vietnam Memorial WaTI to be in Chico February T~ - 2~, and requesting a proclamation regarding Vietnam Veterans Appreciation Day. Motion: ADOPTED RESOLUTION 86-14 PROCLAIMING VIETNAM VETERANS APPRECIATION DAY. M S Vote: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried) 7. ETIa Mae Burch - rabies quarantine in Palermo area. 8. Don StrubTe - rabies quarantine in Palermo area. 86-7O Additional items from Board members: 1. Supervisor Fulton -- commented that some of the topics covered in "recognition of persons who wish to speak" should really be agenda items to be addressed more fully. 2. Supervisor Fulton - felt that the presentation of report from the Child Abuse Task Force needed further action from the Board. (SEE MINUTE ORDER N0. 86-54) Motion: REFERRED RECOMMENDATIONS 7 AND 2 FROM THE TASK FORCE REPORT TO MR. NICHOLS, ASKING HIM TO WORK UP WHAT THE COSTS WOULD BE FOR THE TWO CHILD ABUSE TNVESTIGATORS AND A PROSECUTOR AND PUT AN ITEM ON THE AGENDA FOR THE MEETING ON FEBRUARY 11 AT 7:30 P.M., REDEFINING THAT MEETING AS A SPECIAL MEETING ON WASTEWATER TASK FORCE AND THE POSSIBILITY OF HIRING THE INVESTIGATORS AND PROSECUTOR FOR CHILD ABUSE INVESTIGATIONS. 5 M Vote: l Y 2 Y 3 Y 4 Y 5 Y {Unanimously carried) Page 285 February 4, 1986 86-70 (Cont`d} Motion: AGREED TO GIVE CONSIDERATION TO REMOVING THOSE EXISTING POSITIONS IN TWE SHERIFF'S OFFICE THAT WERE APPROPRIATED FOR IN THIS BUDGET YEAR FOR THIS SPECIFIC REASON. S M Vote: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried) Recess: 2:50 p.m. Reconvene; 3:12 p.m. 86-71 Continued hearing - Butte County Planning Commission proposed negative declaration and rezone from A-2 {general) to zoning compatible with the industrial General Plan designation including L-I (limited industrial}, M-1 (light industrial), and M-2 (heavy industrial} in the south Chico area (File 86-2). {from 11/5/85) Motion: FOUND TWAT TWE REQUIREMENTS OF CEQA HAVE BEEN COMPLETED AND CONSIDERED AND ADOPTED A NEGATIVE DECLARATION. FOUND TWAT THE PROPOSED ZONES COMPLY WITH THE CHICO AREA LAND USE PLAN ON WHICH AN EIR WAS PREPARED. ADOPTED ORDINANCE 2514 REZONING TWE PROPERTIES AS SHOWN ON EXHIBITS 1, 2, AND 3 IN THE PACKET FROM PLANNING DEPARTMENT. S M Vote: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried) 86-72 Butte County Board of Supervisors - proposed negative declaration and amendment to Chico Area General Plan Policy Statement to allow the consideration of all 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-4O (agricultural - 5, 70, 2O and ~0 acre parcels), located in the Chico Urban Area. (File 85-66) Motion: ADOPTED A MOTION OF INTENT TO AMEND TWE CHICO AREA GENERAL PLAN POLICY STATEMENT TO ALLOW THE CONSIDERATION OF ALL AGRICULTURAL ZONES IN TWE ORCHARD AND FIELD CROP DESIGNATION FOR THE CHICO URBAN AREA AND TH05E EXISTING ZONES BEING U, A-5, A--10, A-20, A-40 AND THE A-160. S M Vote: 1 N 2 Y 3 Y 4 N 5 Y (Motion carried) (ITEM TO BE ON THE REGULAR AGENDA ON MARCH 4, 7986.} 86-73 Public hearing regarding industrial development bonds far the construction of Caribou Mountaineering, Inc., facility. (SUPERVISOR DOLAN ABSENT AT THIS TIME.) Page 286 February 4, 7986 86-73 {Cont'd} Motion: ADOPTED RESOLUTION 86-75 APPROVING THE ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE BONDS FOR THE CARIBOU MOUNTAINEERING PROJECT {7} UPON THE CONDITION THAT BONDS CANNOT BE ISSUED UNTIL (a) PROPERTY HAS BEEN REZONED TO A CLASSIFICATION CONSISTENT WITH THE PROJECT, AND (b) DEVELOPMENT APPROVALS AND PERMITS FOR THE PROJECT HAVE BEEN OBTAINED BY THE APPLICANT; RND (2) APPROVAL SHALL BE WITHOUT PREJUDICE TO THE COUNTY IN EXERCISTNG ITS FULL LEGAL DISCRETION IN ADMINISTERING ITS REZONING, DEVELOPMENT APPROVAL, AND PERMIT ISSUANCE PROCEDURES A5 TO THE SUBJECT PROJECT. S M Vote: l Y 2 AB 3 Y 4 Y 5 Y {Motion carried) (SUPERVISOR DOLAN PRESENT AT THIS TIME.} Regular Agenda 86-74 Report from Board committee regarding employment generating services contract. (CONTINUED FROM MINUTE ORDER 86-65.) Motion: AWARDED CONTRACT TO ECONOMIC DEVELOPMENT CORPORATION OF BUTTE COUNTY, UNDER THE AUTHORITY TO AWARD THE CONTRACT, REJECTING THE RFP PROCESS. M S Vote: 1 N 2 Y 3 Y 4 N 5 Y (Motion carried) Recess: 4:53 p.m. Reconvene: 5:12 p.m. 86-75 Setting of joint meeting with Chico City Council to discuss street facility fees. (Chairman McLaughlin) {NO MEETING PLANNED AT THIS TIME.) Public Hearings and Timed Items 86-76 Continued hearing - Verne Andreasen - appeals the Planning Commission`s denial of a variance (categorically exempt from environmental review) to allow the expansion of an existing office in the front yard setback on property zoned C-2 {general commercial} for property located at the northwest corner of Kennedy Avenue and East Avenue, identified as AP 42-08-77, Chico. {from T2/3/85} (CONTINUED TO MARCH 4, 1986 AT 2:30 P.M.} Page 2$7 February 4, 7986 86-77 Continued hearing - Cliff Johnsen - appeals the Advisory Agency's denial of tentative parcel map (proposed negative declaration regarding environmental impact), AP 40-02-T35, three parcels, property Tocated on the south side of Marybill Ranch Road approximately 4,800 feet east of Midway in the Chico area. (from 12/3/85) (CONTINUED to MARCH 4, 1986 AT 3:00 P.M.) 86-7$ Board of Supervisors - rezone (item on which an environmental impact report has been certified) from U (unclassified) and AR-5 (agricultural resident ial - five acre parcels) to A-R (agricultural residential}, AR-5, AR-10 (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 Raad, and east of State Highway 99, west of Oroville. The project also includes all of the Thermalito Afterbay recreation area and property east of Larkin Road southeast of Oroville Airport in the runway clear zone (File 84-72). (CONTINUED TO FEBRUARY 19 798b AT 2:30 P.M. 86-79 Public hearing - consideration of renaming Bay Views Court (Mission Olive Road to end) to Pleasant View Lane. Motion: ADOPTED RESOLUTION 85-15 RENAMING BAY VIEWS COURT TO PLEASANT VIEW LANE. M S Vote: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried) Regular Agenda 86-80 Consideration of revised fee resolution for the Food Establishment Inspection Program adding 103 to the original fees. (from 1/22/86) Motion: ADOPTED RESOLUTION 8b-17 APPROVING FEE SCHEDULE OF A TOq INCREASE. S M Vate: l Y 2 Y 3 Y 4 N 5 Y (Motion carried) 85--81 Report from the Intergovernmental Relations Committee regarding a joint Board meeting with the Chica City Council to review the Sanitary Sewer Master Plan. Motion: SET A MEETING WITH CHICO CITY COUNCIL FOR FEBRUARY TO AT 7:30 P.M. M Vote: 7 Y 2 Y 3 Y 4 Y Page 288 5 5 Y (Unanimously carried) February 4, 1986 86-82 OrovilTe Issues Committee - negotiations are being conducted on tax increment in accordance with the agreement between the county and the City of Orovil7e. These discussions have currently included the issues of municipal affairs, redevelopment, and regional land use. (FORMED A COMMITTEE, SUPERVISORS FULTON AND McINTURF, WITH CHAIRMAN McLAUGHLIN AS ALTERNATE, TO MEET WITH STAFF AND REPRESENTATIVES OF THE CITY OF OROVILLE. 86-83 Discussion of Veterans Memorial Hall rental policy. (Supervisor Fulton) (NO ACTION AT THIS TIME.) 86-84 Consideration of appointments to the Superior California Water Association. Motion: APPOINTED SUPERVISOR McLAUGHLIN, RICK CINQUINI AND DON HEFFREN AS MEMBERS. M S Vote: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried) {MR. NICHOLS TO CONTACT STEVE DILG AND JEAN pRATT TO SEE TF THEY WOULD BE INTERESTED IN BEING ALTERNATES. 86-85 Appointments to the RichvaTe Sanitary District, Drainage District No. 100 and Drainage District No. 200. (from 7/7/86) (NO ACTION TAKEN.) 86-86 Additional items: 1. Butte County Detention Facility - kitchen development - the project has been completed in accordance with the plans and specifications. 2. Butte County Detention Facility - construction - the architect has given notification that the project is substantially complete. Motion: (1} APPROVED NOTICE OF COMPLETION AND AUTHORIZE FILING; AND, (2} AUTHORIZED CHIEF ADMINISTRATIVE OFFICER TO FILE NOTICE OF COMPLETION PENDING COMPLETION OF ITEMS ON THE CORRECTION LTST (PUNCH LIST). S M Vote: 7 Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried} Page 289 February 9~, 1986 Closed Hearings 85-87 Butte County Planning Commission - development of Tand use planning policies for the Cohasset/Forest Ranch Planning Area Committee. (from 12/3/85) (CONTINUED TO MARCH TS, 1986.) 86-88 Butte County PTanning 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-1 {light 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 Cohasset Road and west of Ceres Avenue, Chico {fire 84-70 B&D). (from 1/7/86) (CONTINUED TO MARCH 4, T986.) 86-89 Additional items from Board members: 1. Chairman McLaughlin reported that a hearing on the Forks of the Butte Project will be held March 10. {SUPERVISOR FULTON TO ATTEND THE HEARING.) ADJOURNMENT: There being nothing further before the Board at this time the meeting was adjourned at 5:58 p.m. to reconvene on February l0, 1986 at 7:30 p.m., in the Chico City Council Chambers. C Chairman, Board of upervisars ATTEST: MARTIN J. NICHOLS Chief Administrative Officer and Clerk of the Board of Supervisors By: Page 290 February 4, 1986