HomeMy WebLinkAboutM031886March i8, i98C
Call to order - Board of Supervisors room, County Administration
Building, 25 County Center Drive, Orovi1le. Present:
Supervisors Dolan, Fulton, McInturf, Wheeler and
Chairman McLaughlin; Martin ~. Nichols, chief administrative
officer; Harvey Wallace, county counsel; and Rubye Townsley,
deputy clerk of the Board.
Pledge of allegiance to the Flag of the fJnited States of America.
86152 Additional items from Board members to be addressed at the end
of the day.
1. Supervisor Wheeler - report on recent trip to ~lashington D.C.;'
consideration of levee system task force.
2. Chairman McLaughlin - appointment to Mosquito Abatement
District.
86--753 Items removed from the Consent Agenda for Board consideration
and action.
1. Cussick Avenue at Henshaw Avenue -- four-way stop - Public
Works has completed a traffic study at the intersection and
recommends it be declared a four-way stop.
2. Butte County Arts Commission - consulting services contract -
an agreement has been prepared between the county and
Cheryl A. King to perform consulting services in support
of Butte County Arts Commission activities. The agreement
i s i n the amount of $25,000 and 10% of new revenues recei ved;.
and covers the period July 7, 1986 through June 30, 1987.
Page 324
3. Butte County Arts Commission - grant application - a grant
application has been prepared for submittal to the California
Arts Council for Level I funding {$13,000) and Level II funding
(20,000).
4. Butte County Farm Bureau - writes regarding the need to improve
access to the Quincy area on Oro-Quincy Highway, between
Mountain House and the Bucks Lake Area.
86-7 54
Consent Agenda
1. Approval of minutes. APPROVED MINUTES OF MARCH 4, 1986,
AMENDING MINUTE ORDER 86-736 TO REFLECT THAT THE HEARING
WAS CL05ED.
2. Amendment to minutes - February 79, T986. AMENDED MINUTE
ORDER 86-715 (N0. T) TO RERD, "RUSS CRONINGER - REQUESTING
BOARD TO WAIVE OR REDUCE FEES FOR GARY JACOBS COST OF
PUBLISHING THE ORDINANCE."
3. Bodget transfers. APPROVED BUDGET TRANSFERS B-172, B-175,
B-777, B-779, B-182, B-183, B-186, B-T88, B-189, B-190, B--191,
B-792, B-193 AND B-194.
4. A. Dees, et aT - appeal of the Advisory Agency's approval
of Tal Denny tentative parcel map (proposed negative
declaration regarding environmental review}, AP 30-16-21,
four parcels, property located on the west side of 7th Street,
30O feet south of Feather Avenue, ThermaTito area. SET HEARING
DATE FOR APRIL T, T9$6 AT 3:00 P.M.
5. Renaming of private roads - resolutions have been prepared
establishing public hearing dates for two road changes as
follows: Jahtor Way (Bosmas Drive} to Olive Yiew Lane; Marney
Stone Road (Cherokee Road to End) to Table Top Drive. ADOPTED
RESOLUTIONS 86-30 AND 86-31 SETTING HEARING DATES FOR APRIL T5,
1986 AT 11:00 A.M. AND AUTHORIZED THE CHAIRMAN TO SIGN.
6. Beatrice Bullock - appeal of the Planning Commission`s denial
of a use permit to allow the segregation of a 4.6-acre homesite
and a variance to the two-acre maximum homesite and to the
40-acre starting requirement (proposed negative declaration
regarding environmental impact}, on property zoned A-40
(agricultural - 40-acre parcels) located on the south side
of West Liberty Road approximately 660 feet east of Losser
Avenue, identified as AP 2T-17-40, Gridley. SET HEARING
DATE FOR RPRIL 15, 7986 AT 71:15 A.M.
Page 325
March 18, 1986
86-154
(Cont'd) 7. Appointment to the Board of Appeals for Handicapped Facilities.
APPOINTED PEGGY NORTON-PAINE TD SERVE UNTIL JANUARY 18, 1988.
8. Durham Memorial Hall improvements - the Rotary Club of Durham
has requested the Board of Supervisors' approval of certain
improvements in and around the Durham Memorial Hall and
adjoining county property. ACCEPTED PROPOSAL A5 OFFERED
WITH IMPROVEMENTS TO BE COORDINATED WITH AFFECTED COUNTY
OPERATING DEPARTMENTS.
9. County Counsel - word processing equipment - the present
Vydec has been deemed to be beyond repair. Proposed is an
IBM 36 computer system and related equipment of a total cost
of $13,750. AUTHORIZED ACQUISITION OF FIXED ASSETS.
10. Water cooler donation - the California Veterans Square Dance
Association, Paradise Chapter, are donating $354 far the
purpose of acquiring a water cooler for placement in the
Paradise Memorial Ha17 Building. ACCEPTED DONATION; AUTHORIZED
ACQUISITION OF FIXED ASSET ITEM; AND AUTHORIZED LETTER OF
APPRECIATION TO THE ORGANIZATION.
11. Investments information report - the Treasurer submits the
February 28, 1986 report in accordance with AB 1073 and the
county's investment policy. ACCEPTED FOR INFORMATION.
12. County policy - use of county vehicles for commute purposes -
the Federal Tax Reform Act of 1984 included provisions for
taxing certain untaxed fringe benfits; among those are the
utilization of an employer-owned automobile for commute
purposes by an employee. A written policy has been developed
so that the county and employees commuting in county cars
have available special valuation rules. ADOPTED POLICY AS
SUBMITTED.
13. Legislation - state mandated local programs. RUTWORIZED
THE CHIEF ADMINISTRATIVE OFFICER TO DIRECT LETTERS TO THE
LOCAL GOVERNMENT COMMITTEE IN SUPPORT OF RCA 36 AND AB 3866,
NOTING OUR CONCERNS ABOUT THE PRACTICALITY OF PERIODICALLY
SUSPENDING THE MANDATES PENDING NEW APPROPRIATIONS.
14. 1986 Butte County Fair budget - the budget totaling $323,717
has been reviewed. APPROVED BUDGET.
15. Butte Creek Estates road striping - the residents of Butte
Creek Estates have requested double striping on Estates Drive
instead of the existing broken yellow stripes, and have offered
$300 to offset the extra cost of materials and labor. ACCEPTED
CONTRIBUTION TO 8E DEPOSITED IN THE ROAD FUND AND AUTHORIZED
PUBLIC WORKS TO PERFORM ADDITIONAL STRIPING WITH THE
UNDERSTANDING FUTURE RESTRIPING WOULD NEED TO BE FUNDED BY
RESIDENT5.
Page 326
March 18, 1986
86-154
(Cont'd) 16. Ophir Road Extension (FRS Project No. V363(1)) - a letter
has been prepared to the State Department of Fish and Game
voicing objections to their findings an the subject project
stating it would have an adverse impact upon "wetlands."
APPROVED LETTER AND AUTHORIZED THE CHAIRMAN TO SIGN.
17. Program Supplement No. 42 - railroad crossing protection
on Middle Honcut Road at WPRR Grassing No. 4-192.6 ~- the
program supplement to Master Agreement No. 03-5972 covers
funding for the installation of flashing lights and automatic
gates at the crossing, Project No. ARP-007(20}. Total funding
amounts to $126,000 {federal, $113,400 and county, $12,600).
ADOPTED RESOLUTION 86-32 AUTHORIZING EXECUTION OF PROGRAM
SUPPLEMENT AND AUTHORIZED THE CHAIRMAN TO SIGN.
18. Contract Change Order No. l - pavement marking and signing
at various locations in Butte Gounty - County Contract
No. SP-85-7, O3-BUT-O-CR-HES-OOOS(208) - CGO No. 1 in the
decreasing amount of $1,008 provides for a change in the
specification material for steel stop sign posts to a more
readily available substitute of equal quality far usage
as stop sign posts. APPROVED CHANGE ORDER AND AUTHORIZED
THE CHAIRMAN TO SIGN.
19. Right-of-way acquisition - agreements for sale - Oro~ille
Chico Highway Bridge Reconstruction at Butte Greek, Project
No. 48253-83-1:
Land Improvements Total
Parcel 1
Wm. H. Coats, M.D. .276 ac $1,000 -0- $1,000
Gwen C. Coats (.194 net)
Parcels 2, 2-R, 3, 3-A
Norman Y. Doman .213 ac $1,200 -0- $1,200
George Damon (.205 net)
APPROVED AGREEMENTS FOR SALE, AUTHORIZED THE CHAIRMAN TO
SIGN, AND AUTHORIZED THE AUDITOR TO ISSUE WARRANTS UPON
DEMAND OF THE COUNTY'S ESCROW AGENT.
20. Plans and specifications - Reconstruction of Rich~a7e Highway
{from T.3 miles to 3.0 miles east of Aguas Fri as Road},
Project No. 25202-86-7 - plans and specifications have
been completed for the subject budgeted project. APPROVED
PLANS AND SPECIFICATIONS; ADOPTED WAGE SCALE; AND SET BID
OPENING FOR APRIL 10, 1986 AT 11:00 A.M. TN THE PUBLTC WORKS
OFFIGE.
21. Housing and Community De-relopment loan documents execution
process. AUTHORIZED THE DIRECTOR OF PUBLIC WORKS OR HIS
DESIGNATED DEPUTY TO EXECUTE VARIOUS LOAN DOCUMENTS UPON
THE APPROVAL OF LOANS BY THE LOAN COMMITTEE.
Page 327
March 18, 1986
86-154
(Cont'd} 22. Butte County Agriculture Day -- a resolution has been prepared
declaring March 19, 1986 as Butte County Agriculture Day.
ADOPTED RESOLUTION 86-34 AND AUTHORIZED THE CHAIRMAN TO
SIGN.
23. Resolution of recognition - Carmel Andrew Spinale. ADOPTED
RESOLUTION 8b--33 AND AUTHORIZED THE CHAIRMAN TO SIGN.
24. Salary ordinance amendment - a salary ordinance amendment
has been prepared to create five new positions in the Juvenile
Hall and reclassify several positions in various departments.
WAIVED THE FIRST READING OF THE ORDINANCE.
25. Resolution of appreciation - Ray Johnston, La :porte district
ranger, United States Forest Service. ADOPTED
RESOLUTION 86-35 AND AUTHORIZED THE CHAIRMAN TO SIGN.
26. JTPA summer youth agreement - the fiscal year period for
the JTPA Title IIB Summer Program has been changed from
July through June to October through September. Accordingly,
a new agreement has been prepared as requested by the state
for the period October 7, 1985 through September 30, 1986
and will be initially funded with unexpended carry-over
dollars from last year's program. APPROVED AGREEMENT AND
AUTHORIZED THE CHAIRMAN TO SIGN.
27. 1986-87 County Medical Services Program letter of intent --
a declaration of intent has been prepared to contract with
the state for participation in the County Medical Services
Program (CMSP} during the period July 1, 1986 through June 30,
1987. AUTHORIZED THE CHAIRMAN TO SIGN THE DECLARATION OF
INTENT.
28. Small business technical assistance - a grant agreement
has been prepared in the amount of $25,000 to provide on-site
training, counseling and technical assistance to small
businesses with a high potential for growth or expansion.
No local funding is required. A condition of the grant
requires the county to contract with the Tri-County Economic
Development Corporation far implementation of tasks. Payment
would be at a rate of $52 per hour, not to exceed 480 hours.
APPROVED AGREEMENT WITH THE STATE AND AGREEMENT WITH
TAI--COUNTY ECONOMIC DEVELOPMENT CORPORATION AND AUTHORIZED
THE CHAIRMAN TO SIGN.
29. Banking services change - the Treasurer has obtained proposals
concerning banking services for the county and is recommending
a change to First Interstate Bank. AUTHORIZED TREASURER/TAX
COLLECTOR TO PROCEED WITH FIRST INTERSTATE SANK IN MAKING
THE NECESSARY TRANSITION FOR BANKING SERVICES.
Page 328
March 18, 1986
86-154
{Cont`d}
30. Communications.
a. Galda Largent, OrovilTe -- writes in support of continued
library funding. ACCEPTED FOR INFORMATION.
b. Cussick Area Neighborhood Council - writes urging the
Board to adopt an ordinance regulating on-street parking
of vehicles. REFERRED TO SHERIFF AND COUNTY COUNSEL FOR
A REPORT AND RECOMMENDATION.
c. Kelly Meagher, Chico - writes stating opposition to
the appeal fee for land use decisions. ACCEPTED FOR
INFORMATION AND AUTHORIZED LETTER EXPLAINING THE BOARD'S
POSITION.
d. Butte County FarTr~ Bureau - writes regarding the need
for continued funding of predatory animal control programs.
ACCEPTED FOR INFORMATION.
e. Chico Board of Realtors, Inc. - forwards a copy of the
1986 Statement of Policy of the California Association of
Realtors. ACCEPTED FOR INFORMATION.
f. City of Chico - Mayor Willis writes with regard to the
Board's letter to Special Districts concerning the allocation
of Special District Augmentation Funds and the relationship
to the North Yaliey Plaza Mall annexation. ACCEPTED FOR
INFORMATION.
g. Jere Lang, Durham - writes concerning the extension
of Mate TY Cable service to his residence. REFERRED TO
CHIEF ADMINISTRATIVE OFFICER FOR RESPONSE.
Motion: APPROVED CONSENT AGENDA.
S
Vote: T Y 2 Y 3 Y 4 Y
M
5 Y (Unanimously carried}
Regular Agenda
86-755 Cussick Avenue at Ffenshaw Avenue -four-way stop - Public Works
has completed a traffic study at the intersection and recommends
it be declared a four-way stop.
Motion: ADOPTED RESOLUTION 86-3fi DECLARING FOUR-WRY STOP AND
AUTHORIZED THE CHAIRMAN TO SIGN.
M S
Vote: l Y 2 Y 3 Y 4 Y 5 Y {Unanimously carried)
Page 329
March 18, 7986
86-756 T. Butte Gounty Arts Commission - consulting services contract -
an agreement has been prepared between the county and
Cheryl A, King to perform consulting services in support
of Butte County Arts Commission activities. The agreement
is in the amount of $25,000 and 10% of new revenues received
and covers the period July 1, 1986 through June 30, 1987.
2. Butte County Arts Commission - grant application - a grant
application has been prepared for submittal to the California
Arts Council for Level I funding ($13,000} and Level II funding
($20,000}.
Motion: APPROVED AGREEMENT WITH CHERYL KING AND AUTHORIZED THE
CHAIRMAN TO SIGN. ADOPTED RESOLUTION 86-37 AND AUTHORIZED
THE CHRIRMRN TO SIGN.
M S
Vote: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried}
86-157 Butte County Farm Bureau - writes regarding the need to improve
access to the Quincy area on Oro-Quincy Highway, between Mountain
House and the Bucks Lake Area.
Motion: ACCEPTED FOR INFORMATION AND AUTHORIZED LETTER EXPLAINING
THE BOARD'S POSITION.
S M
Vote: 1 NV 2 Y 3 Y 4 Y 5 Y (Motion carried}
86-158 Presentation of resolution proclaiming Butte County Agriculture
Day. (PRESENTATION OF RESOLUTION 86-34 MADE TO PAT MEAD,
CALIFORNIA WOMEN IN AGRICULTURE, WHO THEN PRESENTED BOARD MEMBERS
WITH BASKETS OF COMMODITIES PRODUCED IN BUTTE COUNTY.}
Motion: DIRECTED A LETTER OF THANKS BE SENT TO WOMEN IN
AGRICULTURE.
S M
Vote: 7 Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
86-159 TPA employment generating services contract - a contract has
been prepared with the Butte County Economic Development
Corporation to implement the economic development activities
approved at the February 4, 1986 Board meeting. (from 3/4/86)
Motion: AMENDED MINUTES OF FEBRUARY 4, 1986, MINUTE ORDER 86-74,
AS RECOMMENDED BY THE CHIEF ADMINISTRATIVE OFFICER;
APPROVED CONTRACT AND AUTHORIZED THE CHAIRMAN TO SIGN.
S M
Vote: l Y 2 Y 3 Y 4 N 5 Y {Motion carried}
Page 330
March 18, 1986
86-160 Report from committee concerning California Water Service Company's
construction of an air filtration tower at Sherman and. 5th Avenues
in Chico. (from 3/4/86)
Motion: CONTINUED TO APRIL 1, 1986.
S M
Vote: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
86-161 Consideration of request by Forest Ranch Community Association
Land Use Committee for the Board of Supervisors to authorize
a master environmental assessment. (NO ACTION TAKEN.)
86-162 Discussion of letter from Thomas d. Lando, City of Chico community
services director, stating that the City Council will not hold
a public hearing on the environmental impact report on the North
Val]ey Plaza prezoning.
Motion: ADOPTED RESOLUTION 86-38 REQUESTING THE CITY OF CHICO
TO HOLD A PUBLIC HEARING ON THE ENVIRONMENTAL IMPACT
REPORT, AND SAYING THAT IF THEY DON'T THE BOARD MAY
HOLD ONE.
M S
Vote: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
Recess: 10:10 a.m.
Reconvene: 10:32 a.m.
86-163 Request far interpretation of Butte County Code Section 24-2O(d)
regarding requirement far a use permit for installation of a
storage building far Robb Cheel.
Motion: INTERPRETED CODE SECTION 24-20(d) TO ALLOW AN APPLICANT
TO ADD ADDITIONAL STRUCTURES WHICH WERE NOT LISTED ON
HIS ORIGINAL BUILDING PERMIT; SUCH STRUCTURES WOULD
BE SPECIFICALLY AND NARROWLY LIMITED ONLY TO RADIO
BROADCAST TOWERS, AND WOULD APPLY THROUGHOUT THE COUNTY.
5 M
Vote: 1 N 2 Y 3 Y 4 Y 5 Y (Motion carried}
86-164 Consideration of request by Corby Powell to refer the site plan
review for AP 65-46-02 {File No. 8b-29) to the Advisory Agency
for consideration in removing the limited access limitations
imposed for the subdivision map.
Motion: REFERRED SITE PLAN TO THE ADVISORY AGENCY, KEEPING
CONDITIONS OPEN.
S M
Vote: 1 N 2 Y 3 Y 4 N 5 Y (Motion carried)
Page 337
March 18, 1986
86-165 Status report from Public Works on the reimbursement agreement
and parcel map road standard changes. (Information sent to Board -
from 3/4/86.) (CONTINUED TO APRiL 1, 1986.)
86-166 Appointments to the Butte County Fair Board.
Motion: REAPPOINTED JOHN K. ORME AND APPOINTED JOE CARLISLE
TO FILL THE REMAINDER OF HERBERT McCLANAHRN'S TERM.
M S
Vote: T Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
Motion: DIRECTED THAT A RESOLUTION BE PREPARED IN APPRECIATION
OF HERBERT McCLANAHAN.
M S
Vote: T Y 2 Y 3 Y 4 Y 5 Y {Unanimously carried)
86-167 Appointment of Public Defender representative to the County Justice
Subvention Program Advisory Group.
Motion: APPOINTED FRANCISCO ZARATE.
M S
Vote: 1 Y 2 Y 3 Y 4 Y 5 Y {Unanimously carried)
86-T68 Appointments to the Maternal, Child and Adolescent Fleaith Board.
Motion: APPOINTED PAT WARREN AND LEE LANEY.
S M
Vote: 7 Y 2 Y 3 Y 4 Y 5 Y {Unanimously carried}
86--769 Appointments to the Solid Waste Recycling Task Force.
Motion: APPOINTED HENRY JOHNSON.
M S
Vote: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried}
86-770 Appointments to the Durham-Dayton-Nelson Area Citizens Advisory
Committee.
Motion: APPOINTED DON McNELIS, ROBERT SANDERS, BRENDA BRIMHALL,
GUS GORE, RODNEY W. PETERSON, MORRIS J. KEENEY,
SUSAN MURPHY, MYLES PUSTEJOVSKY, AND ROSALIE CARTWRIGHT.
S
Vote: T Y 2 Y 3 Y 4 Y
Recess: 10:55 a.m.
Reconvene: 1T:O7 a.m.
Page 332
M
5 Y (Unanimously carried}
March 78, 1986
Puhlic Hearings and Timed Items
86-i71
1. Langerwerf Dairy Inc. - petition for cancellation of land
Conservation Act agreement {proposed negative declaration
regardin environmental impact), AP 040-14-01
(portion -withdrawal of five acres, leaving a 74-acre parcel
under contract, from the California Land Conservation Act
{Williamson Act}, property located on the north side of
Durham-Dayton Highway, T/4 mile east of Esquon Road, Durham
area.
2. Leah Martin, aka E. L. Gunn, aka Leah Gunn - petition for
cancellation of Land Conservation Act agreement {proposed
negative declaration regarding environmental impact),
RP 41--33-53 - withdrawal of 5.7 acres from the California
Land Conservation Act {Williamson Act), property located
on the northeast side of Pentz-Magalia Highway, approximately
1000 feet northwest of State Highway 70, Paradise area.
3. Shimizu Bros. - petition for cancellation of Land Conservation
Act agreement {proposed negative declaration regarding
environmental impact), AP 047-13-76 (portion) - withdrawal
of 3.16 acres, leaving a 42.12--acre parcel under contract,
from the California Land Conservation Act {Williamson Act),
property located on the north side of Wilson Landing Road,
1/4 mile west of Meridian Road, west of Chico.
Motion: ACCEPTED SHIMiZU BROTHERS NOTICE OF NONRENEWAL.
S M
Vote: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
Motion: FOUND THAT THE CANCELLATION OF EACH OF THE CONTRACTS
IS CONSISTENT WITH THE PURPOSE OF THE CHAPTER, MAKING
ALL THE FOLLOWING FINDINGS OF THE CANCELLATIONS FOR
LAND ON WHICH A NOTICE OF NONRENEWAL HAS BEEN SERVED
PURSUANT TO SECTION 51-245. THE CANCELLATIONS WILL
NOT LIKELY RESULT IN THE REMOVAL OF ADJACENT LANDS FROM
AGRICULTURAL USE. THE CANCELLATIONS ARE FOR AN
ALTERNATIVE USE, WHICH IS CONSISTENT WITH THE APPLICABLE
PROVISION OF THE COUNTY GENERAL PLAN. THE CANCELLATIONS
WILL NOT RESULT IN DISCONTIGUOUS PATTERNS OF URBAN
DEVELOPMENT. THERE IS NO PROXIMATE NONCONTRACTED LAND
WHICH IS BOTH AVAILABLE AND SUITABLE FOR THE USE TO
WHICH IT IS PROPOSED CONTRACT LAND BE PUT, OR THAT
DEVELOPMENT OF TH£ CONTRACTED LAND PROVIDE MORE CONTIGUOUS
PATTERNS OF UBRAN DEVELOPMENT THAN DEVELOPMENT OF
PROXIMATE NONCONTRACTED LAND. ADOPTED A NEGATIVE
DECLARATION ON EACH APPLICATION.
S M
Vote: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
Page 333
March 18, T986
86--171
(Cont'd) Motion: CERTIFIED THE CANCELLATION OF VALUATION FEES AS CALCULATED
BY THE ASSES50R'S OFFICE.
S M
Vote: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
Closed Hearings
86-172 Closed hearing - Verne Andreasen - appeal of 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) far property located at the northwest corner of Kennedy
Avenue and East Avenue, identified as AP 42-OS-77, Chico. (from
3/4/86)
Motion: NOTED THRT THIS PROJECT IS CATEGORICALLY EXEMPT FROM
ENVIRONMENTAL REVIEW RND FOUND THAT THE VARIANCE SHALL
BE GRANTED DUE TO SPECIAL CIRCUMSTANCES APPLICABLE TO
THIS PROPERTY IN THAT ENCROACHMENT INTO THE SETBACK
IS NECESSARY FOR ANY EXPANSION, AND THAT STRICT
APPLICATTON OF THIS CHAPTER DEPRIVES .THE PROPERTY OF
PRIVILEGES ENJOYED BY OTHER PROPERTY WHICH COULD BE
EXPANDING THEIR BUSINESS AREA. APPROVED THE VARTANCE
TO ALLOW THE EXPANSION OF THE EXTSTING OFFICE TN THE
FRONT YARD SETBACK, WITH CONDITTONS OF COMPLYING WITH
ENVTRONMENTRL HEALTH REQUIREMENTS, NOTING THE BOARD
HAS BEEN ADVISED THAT PG&E WILL GRANT ENCROACHMENT,
AND COMPLYING WITH THE BUILDING DIVISION REQUIREMENTS
AND ANYTHING ELSE THAT'S IN STATE AND LOCAL LAW.
S M
Vote: 1 N 2 Y 3 Y 4 N 5 Y (Motion carried)
86-173 Additional items from Soard members:
1. Chairman McLaughlin - Appointment to Sutte County Mosquito
Abatement District - District 4.
Motion: REAPPOINTED GARY JUSTESON.
S M
Vote: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
2. Supervisor Wheeler - consideration of establishing a task
force made up of Supervisors from Shasta, Tehama, Glenn,
Butte, Sutter, Yuba, Yolo and Sacramento Counties to deal
with the problem of our levee system. (SUPERVISOR WHEELER
TO CONTACT SUPERVISORS FROM THOSE COUNTIES TO DETERMINE LEVEL
OF SUPPORT FOR THIS PROJECT.)
Page 334
March 18, 1986
Public Hearings and Timed Items
86-T74 Continued hearing - Bill Warshawer - appeals the Planning
Commission's denial of rezone {proposed mitigated negative
declaration regarding environmental impact) from U (unclassified}
to FR-3 {foothill recreational - three acre parcels) for property
zoned U and S-H (scenic highway) for property located along
Mt. Ratchel Road, south of Highway l62 approximately one mile
northwest of the Canyon Creek Bridge, identified as AP 71-08-133,
134, 135 and 137, north of OroviTle (File 86-T6). (from 2/19/86)
Motion: REFERRED TO PLANNING COMMISSION TO CONSIDER ITEMS LISTED
IN EXHIBIT FROM MR. WARSHAWER.
M S
Vote: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
Recess; 11:49 a.m.
Reconvene: 1:39 p.m.
(SUPERVISOR WHEELER ABSENT AT THIS TIME.)
86-175 Recognition of persons wishing to speak.
T. Anne Giel - requesting report of meeting between departments
regarding child abuse investigations. {REPORT GIVEN. FUTURE
REPORTS TO BE PLACED ON THE AGENDA MONTHLY.)
2. Irma Walker - severing of Chico Urban Area.
(SUPERVISOR WHEELER PRESENT AT THIS TIME.}
3. Orrin B. Stratton - requesting copy of the state mandate
to install sewers in Chico.
4. Jack Andrews and Dick Roark- requesting Board support Plumas
County in opposing commercial rafting on Middle Fork of Feather
River.
Motion: AGREED TO JOIN PLUMAS COUNTY IN OPPOSING COMMERCIAL
P,AFTING ON THIS WILD RIVER.
M S
Vote: l Y 2 Y 3 Y 4 Y 5 Y {Unanimously carried)
5. Frank Brazell - nitrate problems.
6. Glenn Miller - comparing situation in the Philippines to
Butte County.
Page 335
March 1$, 1986
86-176 Additional item:
1. Star Brown, Planning Department, presented copies and reported
on the Master En~ironmenta7 Assessment for the Durham -
Dayton-Nelson Planning Area.
Public Hearings and Timed Items
86-177 Americor -- on behalf of R.Z., Inc. - appeals the Planning
Commission's denial of a variance (categorically exempt from
environmental review} to 50-foot yard setback to allow a structure
40 feet from the centerline of White Avenue on property zoned
C-2 (general commercial) property located on the southeast corner
of White Avenue and the Esplanade, Chico.
Motion: NOTE THAT THE PROJECT IS CATEGORICALLY EXEMPT FROM
ENVIRONMENTAL REUIEW AND FIND THAT THERE RRE SPECTRE
CIRCUMSTANCES APPLICABLE TO THE PROPERTY, INCLUDING
SIZE, SHAPE, TOPOGRAPHY, LOCATION AND SURROUNDINGS THAT
DEPRIVE THE PROPERTY OF PRIVILEGES ENJOYED BY OTHER
PROPERTY IN THE VICINITY UNDER IDENTICAL ZONING
CLASSIFICATIONS. MOVE TO GRANT THE VARIANCE TO ALLOW
THE CONSTRUCTION OF THE DRIVE-THROUGH WINDOW STRUCTURE
~'~0 FEET FROM THE CENTERLINE OF WHITE AVENUE AS SHOWN
ON THE SITE PLAN FOR AP 06-08-128, R.Z., INC., SUBJECT
TO THE CONDITIONS LISTED ON THE MEMO FROM THE PLANNING
COMMISSION DATED FEBRUARY 20, 1986, ITEMS 1, 2, 3, 4
AND 5. FIND THAT THE VARIANCE SHALL BE GRANTED DUE
TO SPECIAL CIRCUMSTANCES APPLICABLE TO THIS PROPERTY
IN THAT THE ENCROACHMENT INTO THE SETBACK IS NECESSARY
FOR ANY EXPANSION AND THAT STRICT APPLICATION OF THIS
CHAPTER DEPRIVES THE PROPERTY ENJOYED BY OTHER PROPERTY
WHICH COULD BE EXPANDING THEIR BUSINESS AREA. MOVE
TO APPROVE THE VARIANCE TO ALLOW THE EXPANSION OF THE
EXISTING CONSTRUCTION OF THE DRIVE-THROUGH WINDOW
STRUCTURE 40 FEET FROM THE CENTERLINE OF WHITE AVENUE
AS SHOWN ON THE SITE PLAN FOR AP 06-0$-128.
M S
Vote: I N 2 N 3 Y 4 Y 5 N (Motion failed}
86-178 Report from Dewey Riscioni, district ranger, U.S. Forest Service,
regarding the Forest Management Plan on National Forest. (REPORT
RECEIVED. NO ACTION TAKEN.)
Recess: 2:58 p.m.
Reconvene: 3:03 p.m.
Page 336
March 78, 1986
$6-179 Additional items from Board members:
T. Chairman McLaughlin - reported that Green Rock Quarries had
begun operation without putting up the bond money required
by the use permit. (BILL CHEFF, PUBLIC WORKS DIRECTOR,
REPORTED ON THE OPERATION. MRS. GREEN INFORMED THE BOARD
THE OPERATION HAD BEGUN BECAUSE THE ROCK WAS NEEDED TO REPAIR
THE LEVEES WEAKENED BY THE FLOOD, AND ASSURED THE BOARD THE
CASH OR A LETTER OF CREDIT WOULD BE FORTHCOMING THE NEXT
DRY. REFERRED THE MATTER TO COUNTY COUNSEL, PLANNING AND
PUBLIC WORKS FOR FOLLOW-UP.)
Closed Hearings
86-180 Closed hearing - 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-l (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 (File 84-70 B&D}. (from 3/4/86} (CONTINUED
TO APRIL 1, 1986.}
$6-18i Closed hearing - Butte County Planning Commission development
of Tand use planning policies for the Cohasset/Forest Ranch
Planning Area Committee. (File 83-84A - from 2/4/86}
Motion: COPTINUED TO APRIL 2, 1986 AT 7:30 P.M. AT COHASSET.
S M
Vote: 1 NV 2 Y 3 Y 4 Y 5 NV (Motion carried)
86-182 C]osed hearing - 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-7/2 (suburban residential -- 1/2 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, l8 (portion}, Chico (File 83-50}. (from 3/4/86}
Motion: REFERRED BACK TO THE PLANNING COMMISSION TO CONSIDER
POINTS INCLUDED IN MEMO FROM BETTYE KIRCHER TO
SUPERVISOR McINTURF DATED MARCH 14, 1986.
M S
Vote: l Y 2 Y 3 Y 4 Y 5 N (Motion carried)
Page 337
March 18, 1986
86-T83
1. Closed hearing - Butte County Planning Commission proposed
negative declaration regarding environmental impact and General
Pi an amendment to revise General Plan Land Use Element of
the Chico llrban Area to reflect existing development, servicing
constraints and achieve intergovernmental General Plan
consistency in various areas within the Chico Urban Area
{File 85-19B}. (from 3/4/86)
Motion: ADOPTED RESOLUTION 86-39 DELETING THE "WHEREASES" IN
THE EXHIBITS REFERRING TO THE POLICY AMENDMENT; THEREFORE
MAKING IT A RESOLUTION THAT IS SOLELY A GENERAL PLAN
AMENDMENT, A LAND USE DESIGNATION, NOT A POLICY AS SUCH.
M S
Vote: i N 2 Y 3 Y 4 N 5 Y (Motion carried)
2. Closed hearing - Butte County Soard oi= Supervisors proposed
negative declaration and amendment to Chico Area General
Plan Policy Statement to allow the consideration ofi all
agricuTturaT zones in the orchard and field crop designation
for the Chico Urban Area on property zoned A-2 (general},
A-5, R-20, A-~O (agricuTturaT - 5, 10, 20 and 40 acre parcels},
located in the Chico Urban Area. {Fire 85-66) (from 3/4/86}
Motion: REREFERRED THIS POLICY CHANGE TO THE PLANNING COMMISSION
WITH THE ADDITIONAL REFERRAL FOR THEM TO CONSIDER
DEVELOPING POLICY LANGUAGE TO ALLOW PROPOSALS FOR PROPERTY
THAT ABUT THE GREENLINE THAT WOULD ALLOW FINDING OF
CONSISTENCY IF THE PROJECT MET CERTAIN CRITERIA WHICH
WOULD INCLUDE CLUSTERING OF PARCELS OR RESIDENCES SUCH
AS THE OVERALL DENSITY IS THE SAME AND ALSO TO INCLUDE
THOSE CONDITIONAL ZONING AND DEVELOPMENT CRITERIA AND
ZONING FACTORS ON PAGE 46 OF THE GENERAL PLAN.
M S
Vote: 1 N 2 Y 3 N 4 Y 5 Y (Motion carried}
(SUPERVISOR DOLAN INDICATED SHE WOULD LIKE TO ATTEND THE PLANNING
COMMISSION MEETING WHEN THIS IS DISCUSSED.}
CTosed Session: The Board recessed at 4:14 p.m. for a closed
session on the following matters: Harrison
v County of Butte; Stewart v. County of Butte;
Spann v. County of Butte; Dulai v. County of
Butte; Jones v. County of Butte; Gilliam v.
County of Butte; Sumpter v. County of Butte;
Central Chico Redevelopment Project lawsuit;
and potential litigation concerning the G.A.
Manual.
Reconvene: The Board reconvened at 5:17 p.m. (SEE FOLLOWING
~AINUTE ORDER. }
Page 338
March 18, T986
56-184
Report on closed session. (NO ANNOUNCEMENTS EXCEPT FOR THE EQUITY
LAWSUIT.)
(SUPERVISOR OOLAN ABSENT AT THIS TIME.)
Motion: EMPLOYED THE FIRM OF LIVINGSTON AND MATTESICH TO BE
LEAD COUNSEL IN CONJUNCTION WITH THE COUNTY COUNSEL'S
OFFICE IN THE PURSUIT OF THE EQUITY LAWSUIT.
S M
Vote: 7 Y 2 AB 3 Y 4 Y 5 Y (Motion carried)
Adjournment: There being nothing further before the Soard at
this time the meeting was adjourned at 5:18 p.m.
to reconvene on April 1, 19$6 at 9:00 a.m.
C f
Chairman, Board of Supervisors
ATTEST:
MARTIN J. NICHOLS
Chief Administrative Officer and
Clerk of the Board of Supervisors
By: ~~
Page 339
March 18, 1986