HomeMy WebLinkAboutM040186Apri 1 7 , i 986
Ca17 to order - Board of Supervisors room, County Administration
Bui]ding, 25 Gounty Center Drive, Oroville.
Present: Supervisors Dolan, Fulton, McInturf, Wheeler and
Chairman McLaughlin; Martin J. Nichols, chief administrative
officer; Harvey Wallace, deputy county counsel; and Rubye ~ownsley,
deputy clerk of the Board.
Pledge of allegiance to the Flag of the United States of America.
86-]85 Additional items from Board members to be addressed at the end
of the day.
1. Supervisor Dolan ~ appointments; resolution regarding Child
Abuse Prevention Month.
2. Supervisor Fulton - penalty abatement matter.
3. Chairman McLaughlin - possible joint meeting with Chico City
Caunci 1.
86-186 Items from the Consent Agenda which were amended or removed for
separate consideration.
1. Copley f~cres, Unit III, Phase I - the developer has provided
letters of credit to guarantee construction of improvments
on the 27-lot subdivision, AP 36-54-18, located on the north
end of Me]rose Drive. Also required as part of the approval
of the subdivision is a resolution for the summary abandonment
of a portion of Hunter Drive and Crane Avenue, previously
deeded as part of Copley Acres, Unit II, Phase I. Since these
roads have not yet been constructed, they will be realigned
and dedicated in fee simple as part of the Copley Acres,
Unit III Map. (REMOVED FROM AGENDA.}
Page 340
86--186
(Cont'd} 2. Brant J. Bordsen, attorney at law - an behalf of Ralph Starkey,
files a claim for indemnification in the matter of Butte County
Superior Court Case No. 87708. (ACTION REQUESTED AMENDED
TO REFLECT THAT THE CLAIM IS TO BE DENIED.}
3. Assembly Bill 3775 (Cortese) - the bill would authorize counties
to contract for the operation of county jails.
4. General Assistance emergency regulations - the regulation
has been prepared in order to clarify an applicant's/recipient`s
ineligibility for the program when enrolled in an institution
of higher education. (REMOVED FROM AGENDA:)
86-187 Consent Agenda
(105}
1. Approval of minutes. APPROVED MINUTES OF MARCH 18, 1986
AMENDIIIG MINUTE ORDER 86-171 TO REFLECT THAT THE CANCELLATION
FEES ON THE LAND CONSERVATION ACT AGREEMENTS MUST BE PAIp
PRIOR TO DECEMBER 31, 1986.
2.- Budget transfers. APPROVED BUDGET TRANSFERS B--196, B-197,
B-199, B--204, B-205, B-208 AND B-209.
3. Edward Jasper - abandonment of a three foot public utility
easement, Lot 15, Meadow Estates Unit No. 3, AP 43-4T-T 5.
ADOPTED RESQLlITION 86-41 SETTING HEARING DATE FOR MAY 6, 1986
AT 11:00 A.M.
4. Butte County Planning Commission - Bidwell Avenue - proposed
negative declaration regarding environmental impact and rezone
from U {unclassified}, C-1 (light commercial}, R-3 (medium
density residential}, to a zoning compatible with the Chico
Area Land Use PT an (R-1, R-2, A-SR or S-R) on property located
on the north side of Bidwell Avenue, between Oak Lawn Avenue
and Nord Avenue, Chico (File 85-658}. SET HEARING DATE FOR
MAY 6, 1986 AT 11:00 A.M.
5. Abatement of substandard dwelling - 4871 Virginia Avenue,
Dro~ille - a report has been prepared by the Health Department
identifying their attempts to abate a substandard hawse through
the State Mousing Law and the County Code. PURSUANT TO
CHAPTER 26 OF THE BUTTE COUNTY CODE, SET HEARING DATE FOR
APRIL 15, 1986 AT 11:00 A.M.
6. Butte County Library donations - in accordance with Government
Code §25355, donations have been received as follows: $100
from Evelyn and Fred Torrey far the purchase of books; and
$542 from Chico Friends of the Library for purchase of books.
ACCEPTED DONATIONS AND AUTHORIZED LETTERS OF APPRECIATION.
7. Appointment to Reclamation District No. 833. APPOINTED
DANE ANDES TO SERVE UNTIL NOVEMBER 24, 1989.
Page 341
April T, 1986
86-187
(Cont'd) 8. Appointments to Housing Authority Board. APPOINTED
GENE McFARREN AND GEORGE WALKER TO SERVE UNTIL APRIL i9,
1990, AND APPOINTED JEANNE WHITE AND GERALD BANYARD AS TENANT
COMMISSIONERS TO SERVE UNTIL APRIL 21, 1988.
9. Richard M. Camaren, et al - proposed negative declaration
regarding environmental impact and rezone from U (unclassified)
to AR-2-1/2 {agricultural residential 2-i/2 acre parcels}
for property located on the south side of Keefer Road and
on the west side of Cohasset Road, identified as AP 47-23-109,
T10, lit and 117 through 121, north of Chico (File 86-26).
DIRECTED CLERK OF THE BOARD TO NOTIFY TIIE APPLICANT THAT
PURSUANT TO BUTTE COUNTY CODE §24-28.1 THAT 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.
10. Nichols Trust - proposed mitigated negative declaration
regarding environmental impact and rezone from AR-MH-3
(agricultural residential mobile home - three acre parcels}
to PUD (planned unit development} for property located on
the northeast corner of Clark Road and Hidden Valley Road,
approximately 3/4 mile north of Clear Creek Cemetery Road,
identified as AP 47-41-53, south of Paradise {File 86-18).
DIRECTED CLERK OF THE BOARD TO NOTIFY THE APPLICANT THAT
PURSUANT TO BUTTE COUNTY CODE §24-28.1 THAT 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.
71. Allison DeFrance - proposed mitigated negative declaration
regarding environmental impact and rezone from U (unclassified}
to FR-2 {foothill recreational - three acre parcels} for
property located on the east side of Ermarle Lane,
approximately 600 feet south of Bald Rock Road, identified
as AP 62-23-94, Berry Creek area (File 86-22}. DIRECTED
CLERK OF THE BOARD TO NOTIFY THE APPLICANT THAT PURSUANT
TO BUTTE COUNTY CODE §24-28.1 THAT 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.
12. Grady M. Davis, attorney at law - on behalf of
Banald Robert Cocking, files a claim for alleged damages
as a result of his arrest on November 9, 1985. REJECTED
CLAIM FOR NOT BEING TIMELY FILED.
i3. Tony Ray Manning - files an application for lease to present
late claim and claim for damages for alleged injuries and
damages sustained during an altercation with deputies on
June 23, 1985. DENIED APPLICATION TO FILE LATE CLAIM.
Page 342
Rpri 1 l , 1986
86-187
{Cont`d} 14. Robert A. 8ucco7a, attorney at Taw - on behalf of David Graves,
files a claim for alleged injuries and damages which occurred
on or about April 29, 1985 as a result of circumstances
involved in his arrest. REJECTED CLAIM FOR NOT BEING TIMELY
FILED.
T5. Brant J. Bordsen, attorney at law - on behalf of Ralph Starkey,
files a claim fior indemnification in the matter of Butte
County Superior Court Case No. 87708. DENIED CLAIM.
16. Acceptance of fixed assets - microfiche readers - the Assessor
requests the Board accept three microfiche readers received
from Real Estate Data, Inc., of Miami, Florida for use in
the Assessor's Office. ACCEPTED FIXED ASSETS.
17. Literacy Project equipment - the Director of Libraries requests
Board authorization to acquire a television monitor, VCR
and oak cabinet in the amount of $1,072 far use by tutors
in the Literacy Project. AUTHORIZED ACQUISITION OF FIXED
ASSETS.
18. Department comments - 1984-85 Financial Audit Report to
Management - as directed by the Board, departments have
commented upon fiindings and recommendations contained within
the audit report. ACCEPTED FOR INFORMATION.
19. 0rovi1le Justice Court - discharge from accountability -
the court requests discharge from accountability in accordance
with provisions of the Government Code for 108 cases
representing $29,533. AUTHORIZED DISCHARGE FROM ACCOUNTABILITY
FOR COLLECTION OF ASSESSMENT, PENALTY OR COSTS.
20. Treasurer/Tax Collector - relief from accountability - the
Treasurer requests relief from accountability in accordance
with provisions of Revenue and Taxation §2611.1 through 2671.3
for numerous accounts totaling $759,514. AUTHORIZED THE
TREASURER TO BE RELIEVED OF ACCOUNTABILITY FOR ALL ACCOUNTS
SET FORTH IN HIS MEMORANDUM OF MARCH 14, 1986, AND THAT THE
AUDITOR BE INSTRUCTED TO ADJUST THE CHARGES AGAINST THE
TREASURER BY LIKE AMOUNT.
21. Resolution in memory of Herbert McClanahan. ADOPTED
RESOLUTIQN 86-40 AND AUTHORIZED THE CHAIRMAN TO SIGN.
22. Resolution proclaiming the week of April 13-19 as "Celebration
of the Americas." ADOPTED RESQLUTIOH 86-42 AND AUTHORIZED
THE CHAIRMAN TO SIGN.
Page 343
April 1, 1986
86-187
(Cont`d} 23. Salary ordinance amendment - the ordinance increases salaries
for psychiatrist from Range 40.0 ($4173-$5080 per month}
to Range 42.5 {$4718-5748 per month), approximately a 13.2%
increase. The increase is recommended in order to meet the
critical recruitment needs to fill positions. WAIVED THE
FTRST READING OF THE ORDINANCE AND AUTHORIZED RECRUITMENT
UP TO THE TOP STEP OF THE NEW PAY RANGE.
24. Salary ordinance amendment - a salary ordinance amendment
has been prepared to create five new positions in the Juvenile
Ha11 and reclassify several positions in various departments.
WAIVED THE SECOND READING AND ADOPTED ORDII@AHCE 2519.
25. Gridley Latter Day Saints Church agreement - the use permit
issued to the Latter Day Saints Church, Gridley facility,
required the church to enter into an agreement with the county
relieving the county from maintenance responsibilities for
certain storm drainage facilities out of the county
right-of-way required for the church development. APPROVED
AGREEMENT AND AUTHORIZED THE CHAIRMAN TO SIGN.
26. Head Start transition - an agreement has been prepared between
the county, Gommunity Action Agency and the federal government
setting forth the criteria to transition the Head Start Program
from the county to the Butte County Community Action Agency
to be effective January 1, 7986. APPROVED AGREEMENT AND
AUTHORIZED THE CHAIRMAN TO SIGN.
27. Child Protective Services agreements - agreements have been
prepared with contractors to provide for counseling and/or
evaluation necessary in providing protection for
children-at-risk. Contracts are for 1985-86 in the amounts
indicated: Emmet G. Anderson, $4,700; Jim J. Park, $4,500;
Eleanor Zahnd, $9,950; and Saliy Gjeston, $4,000. APPROVED
AGREEMENTS AND AUTHORIZED THE CHAIRMAN TO SIGN.
28. GAI1~ Program - planning consultation agreement - an agreement
has been prepared with the Butte County Employment and Training
Administration to assist in the preparation of the county's
GAIN Plan. The total amount of the contract is a maximum
of $7,517.50 covering the period March 1 through June 30,
1986. APPROVED CONTRACT AND AUTHORIZED~THE CHAIRMAN:TO'SIGN.
29. Bureau of Land Management Law Enforcement Contract - an
agreement has been prepared with the Bureau of Land Management
for the Sheriff to provide protection of persons and property
on the public lands and roads administered by BLM. The
agreement covers reimbursement of salaries to $21.39 per
hour to a maximum of $i 5,000 covering the period April l
through September 30, 1986. APPROVED AGREEMENT AND AUTHORIZED
THE CHAIRMAN TO SIGN.
Page 344
Apri 1 1 , 7 986
86-187
(Cont'd) 30. Mental Health Advisory Board member travel - authorization
is necessary to approve funding for Judy Richmond to attend
the 1986 Conference of Mental Health Advocates far Children
and Youth to be held April 27-29, 1986 at Asi1omar at an
estimated cost of $185. AUTHORIZED TRAVEL.
31. Senate Bill 1707 {Noddy) -- a resolution is requested to support
the bill dealing with Williamson Act legislation. ADOPTED
RESOLUTION 86-43 AND AUTHORIZED CHAIRMAN TD SIGN.
32. Grand Jury - support for legislation to extend "watchdog"
functions. AUTHORIZED LETTER OF SUPPORT TO EXTEND FUNCTIONS
OF GRAND JURIES TO INCLUDE HOUSING RUTHORITIE5 AND CERTAIN
NONPROFIT PUBLIC BENEFIT CORPORATIONS.
33. Payment for developmentally disabled children - the Welfare
Director requests county approval of rates and supplementation
far nine developmentally disabled youngsters. who are also
dependents of the court. APPROVED RATE INCREASES AS
RECOMMENDED.
34. 1986 JTPA Plan - the Private Industry Council has prepared
the plan for program year 198b (July 7, 1986 - June 30, 1987).
APPROVED THE PLAN, AUTHORIZED THE CHAIRMAN TO SIGN AND
AUTHORIZED LETTER TO PRIVATE INDUSTRY COUNCIL.
35. Chief Administrative Officer absence - pursuant to County
Code the Chief Administrative Officer requests to be excused
from attending the April 75, 7986 Board meeting to appear
in Sacramento on county legislation. APPROVED REQUEST.
36. Communications
a. Mrs. D. D. Ramsdell, Biggs -- writes in support of continued
library funding. ACCEPTED FOR INFORMATION.
b. Leah Martin - gives notice of nonrenewal on Land
Conservation Act agreement for Leah Martin, aka E. L. Gunn,
aka Leah Gunn, for AP 47-33-53. ACCEPTED FOR INFORMATION
AND REFERRED TO PLANNING AND A5SE5SOR.
c. California Highway Patrol - writes advising of their
process of holding public hearings on proposed regulations
governing the routes to be used for the transportation of
certain radioactive materials. REFERRED TO CIVIL DISASTER
COORDINATOR AND PUBLIC WORKS DIRECTOR TO COORDINATE WITH
AFFECTED AGENCIES.
d. Paradise Memorial Ha11 Committee -- writes requesting
authorization to construct handicapped ramps and to refinish
the kitchen/dining room floors and steps. AUTHORIZED
IMPROVEMENTS TO BE COMPLETED IN ACCORDANCE WITH STATE AND
COUNTY STANDARDS AND AUTHORIZED LETTER.OF.APPRECIATIOtd.
Page 345
April 1, T986
86-187
(Cont`d) Communications (cont'd)
e. Chico Infrastructure Task Force - writes submitting the final
report on street facility improvement fees. ACCEPTED REPORT AND
REFERRED TO FINANCE COMMITTEE.
Motion: APPROVED CONSENT AGENDA.
S M
Vote: l Y 2 Y 3 Y 4 Y 5 Y {Unanimously carried}
Regular Agenda
86-188
{172) Assembly Bill 3775 (Cortese) - the bill would authorize counties
to contract for the operation of county jails.
Motion: SUPPORTED AB 375.
M S
Vote: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
86-789 Additional item:
Search and Rescue boat - the grant application with the State
Department of Boating and Waterways has been approved in the amount
of $25,000 for the purchase of a patrol boat for use in rescue
operations. Budget transfer B-270 has been prepared to provide
the necessary appropriation.
Motion: AUTHORIZED ACQUISITION OF FIXED ASSET AND APPROVED BUDGET
TRANSFER B-210.
S M
Vote: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried}
(AT THIS TIME PRESENTATION OF RESOLUTION 86-42, "CELEBRATION OF
THE AMERICAS," WAS MADE TO YOLANDA HOLT.)
Regular Agenda
86-190
(498) Report of the Government Operations Committee - recommendation
for a new telephone system.
Page 346
April 1, 1986
86-19a
(Cont'd)
Motion: APPROVED RECOMMENDATIONS OF THE GOVERNMENT OPERATIONS
COMMITTEE TO AUTHORIZE THE CONTRACT AND BUDGET TRANSFER,
AS OUTLINED IN LETTER TO THE BOARD FROM THE CHIEF
ADMINISTRATIVE OFFICER DATED MARCH 27, 1986.
M S
Vote: l Y 2 Y 3 Y 4 Y 5 Y {Unanimously carried)
86-19i
{1093) Consideration of resolution revising gate fees for tfie Neai Road
Landfill and amendment to agreement with the Neal Road Landfill
Company.
Motion: APPROVED THE GATE FEE SCHEDULE TO BECOME EFFECTIVE JUNE 7,
1986. ADOPTED RESDLUfIDN $6-44, AND AUTHORIZED THE
CHAIRMAN TO SIGN. APPROVED AMENDMENT TO AGREEMENT,
AUTHORIZED CHAIRMAN TO SIGN AND DIRECTED PUBLIC WORKS
TO WORK WITH CONTRACTOR ON FINDING A FORMULA BY WHICH
TO MEASURE THE COMPACTED LOADS THAT GO INTO THE FACILITY.
M S
Vote: 7 Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
Public Hearings and Timed Items
86~-192
(2726) Closed Session: The Board recessed at 10:12 a.m. for a closed
session on potential litigation regarding the
North Valley Ma71 annexation.
Reconvene: The Board reconvened at 17:34 a.m. (NO ANNOUNCEMENTS.)
86-793
(2138) County Service Area No. 97 (Stony Brook Estates Subdivision -
Street Lighting and Storm Drainage Maintenance) -- the Butte County
Local Agency Formation Commission has approved a resolution
authorizing the formation of the service area.
Motion: ADOPTED RESDLt1TIDN $b-45 APPROVING CSA 97.
S M
Vote: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
Page 347
April T, 1986
86-194
(21$7) Continued hearing - 5. S. Hinaman - appeals the Planning
Commission's denial of a use permit to a11ow the reconstruction
of a structure located in the side yard setback one foot from
the property line (categorically exempt from environmental review)
for property zoned TM-7 (timber mountain - one acre parcels) located
on the southeast corner of Lakeside Way and Cedar Path, identified
as AP 62-]16-31, Lake Madrone area, northeast of Orovi]1e. (from
2/4/86)
Motion: NOTE THAT THE PROJECT IS CATEGORICALLY EXEMPT FROM
ENVIRONMENTAL REVIEW AND FIND THAT THE PROPOSED USE,
UNAUTHORIZED CONSTRUCTION WITHOUT A BUILDING PERMIT,
DOES NOT COMPLY WITH THE BUTTE COUNTY CODE §24-37 AND
24-37.6, ABANDONMENT OF A NON-CONFORMING USE, ESPECIALLY
THAT THE PROPERTY WILL IMPAIR THE INTEGRITY AND CHARACTER
OF THIS ZONE IN WHICH THE LAND LIES AND THAT THE USE
WOULD BE UNREASONABLY INCOMPATIBLE WITH OR INJURIOUS
TO SURROUNDING PROPERTIES OR DETRIMENTAL TO THE HEALTH
AND GENERAL WELFARE OF THE PERSONS RESIDING AND WORKING
IN THE NEIGHBORHOOD 0R TO THE GENERAL HEALTH, WELFARE
AND SAFETY OF THE COUNTY, AND DENY THE USE PERMIT TO
ALLOW RECONSTRUCTION OF AN EXISTING STRUCTURE ONE FOOT
FROM THE PROPERTY LIME ON RP 62-16-3], S. S. HINAMAN.
M S
Vote: l Y 2 N 3 Y 4 N 5 N (Motion failed)
Motion: NOTED THAT THIS PROJECT IS CATEGORICALLY EXEMPT FROM
ENVIRONMENTAL REVIEW AND FOUND THAT THE PROPOSED USE
COMPLIES WITH THE BUTTE COUNTY CODE AND THAT THE USE
WILL NOT IMPAIR THE INTEGRITY RND CHARACTER OF THE ZONING
IN WHICH THE LAND LIES AND IT WOULD NOT BE UNREASONABLY
INCOMPATIBLE WITH OR INJURIOUS TO SURROUNDING PROPERTIES
OR DETRIMENTAL TO THE HEALTH AND GENERAL WELFARE OF PERSONS
RESIDING. APPROVED THE USE PERMIT TO ALLOW RECONSTRUCTION
OF EXISTING STRUCTURE ONE FOOT FROM THE PROPERTY LINE
SUBJECT TO THE CONDITIONS RECOMMENDED BY STAFF.
M S
Vote: 7 N 2 Y 3 Y 4 Y 5 Y {Motion carried)
Regular Agenda
86-195
(2566) Flood legislation for counties and individuals:
a. Ordinance adding Section 21-81 to the Butte County Cade relating
to implementation of provisions of the Revenue and Taxation
Code Section 191 {participation in the deferral and reappraisal
for the supplemental tax roll.
Page 348
April 1, 7986
8fi-i95
(Cont'd} b. Local agency claims procedure and advisory body.
Motion: ADOPTED ORDINANCE 2520 AUTHORIZING DEFERRMENT OF UNPAID
NOND£LINQU£NT 1985-8fi FISCAL YEAR SUPPLEMENTAL ROLL TAXES
ON PROPERTY DAMAGED OR DESTROYED BY MISFORTUNE OR CALAMITY.
**
00
S M
Vote: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
86-196
(72) Consideration of request by Dan Hays to consider 1911 Bond Act
Assessment District proceedings on various properties surrounding
the intersection of Highway 99 and Pentz Road.
Motion: AGREED TO ASK INDUSTRIAL DEVELOPMENT AUTHORITY ADVISORY
COMMITTEE TO ASSTST OUR ASSESSMENT DTSTRTCT SCREENING
COMMITTEE IN THE REVIEW OF THIS PROPOSAL AS WELL AS
DEVELOPING AN APPLICATION PROCEDURE FOR SIMILAR
APPLICATIONS AND TO PROVIDE BOARD WITH INFORMATION ON
OTHER FINANCING OPTIONS BESIDES ASSESSMENT DISTRICTS
FOR TNFRRSTRUCTURE FOR ECONOMIC DEVELOPMENT.
M S
Vote: 7 Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
(REPORT BACK FROM ASSESSMENT DISTRICT COMMITTEE ON MAY 6, 1986.)
Motion: TO ADOPT RESOLUTION TO START THE PROCESS FOR THE 1911
BOND ACT.
M S
Vote: I N 2 N 3 Y 4 N 5 Y (Motion failed)
Recess: 12:16 p.m.
Reconvene: 1:54 p.m.
Public Head and Timed Items
86-197
(555) Recognition of persons wishing to speak:
1. Dan Hays - requesting the Board to request a rehearing an
Plateau Park tentatirre parcel map, AP 40-13-22, because he
was not notified of hearing at the Advisory Agency level.
Motion: REFERRED TO ADVISORY AGENCY FOR REHEARING.
M S
Vote: 1 Y 2 Y 3 Y 4 Y 5 Y {Unanimously carried)
Page 349
Apri 1 1, 1986
3
86-197
{Cont`d) Recognition of persons {Cont`d},
2. Kris Weidman - urging support of SG 7.
3. Ken Edwards - urging support of SB 7.
4. Manuel Zamardo - urging support of SB 7.
5. Barbara Al by - urging support of SB 7.
6. Don North -- urging support of SB 7.
7. Frances Sku17y - urging support of SB 7.
Motion: TO SUPPORT SB 7.
M
Vote: 1 2 3 4 5
(MOTION DIED FOR LACK OF A SECOND.)
8. Yince O'Shaughnessy - urging support of SB.
9. Dennis Owens - urging support of SB 7.
70. Ted Weidman - urging support of SB 7.
77. Frank Brazell - comments regarding abortion.
12. Kathleen McCann - urging support of SB 7.
13. Kelly Meagher -- regarding Superior Court ruling on Bidwell
Heights Subdivision.
14. Frank Kircher - refuted newspaper quote that the Planning
Director "lived in the neighborhood" of the Bidwell Heights
Subdivision.
15. Glen [7iller - comments regarding parental control of minors.
76. Dan North -- urging support of SB 7.
17. Forest Freidman -- urging support of SB 7.
78. Kris Weidman - urging support of SB 7.
19. Ea~erne Tread - comments regarding abortion.
20. Janet Neimeier - urging support of SB 7.
21. Mrs: Guardino - urging support of SB 7.
22. Brian [latch - urging support of SB 7.
Page 350
April 1, 1986
86-197
(Cont'd)
23. Richard Zuress - urging support of SB 7.
24. John Merrifield - urging support of SB 7.
25. Irene Campbell - asking for reasons why Board does not support
S8 7.
26. Kris Weidman - urging support of SB 7.
27. Richard Zuress - urging support of SB 7.
Matian: IF THIS GROUP FEELS THAT IT CAN TRUST THE JUDGMENT OF
SOME OF THE BOARD MEMBERS TO SEND AN APPROPRIATE MESSAGE
TO SACRAMENTO OF THE BOARD'S CHOOSING, RATHER THAN WHAT
SOMEBODY HAS WRITTEN DOWN, THIS CAN BE SUPPORTED.
M
Vote: 1 Y 2 Y
*~~
000
Recess: 3:03 p.m.
S
3 Y 4 Y 5 Y {Unanimously carried)
Reconvene: 3:T8 p.m.
86-198
{04) Continued hearing - Harold and Shirley Stepp - appeal the Planning
Commission`s denial of rezone (proposed negative declaration
regarding environmental impact) from TM-5 (timber mountain -
five acre parcels) to TM-7 (timber mountain - one acre parcels)
far property located at the northeast corner of Nopel Drive and
Cody Lane, T/4 mile south of Highway 32, identified as AP 63-09-17,
Forest Ranch. (from 2/19/86) (CONTINUED TO MRY 6, 1986 AT 2:00 P.M.)
$6-199
(27) i. Continued hearing - Ron Graves and Associates - on behalf
of Robert and Gary Cowden, appeal the Advisory Agency's denial
of tentative parcel map (proposed mitigated negative declaration
regarding environmental impact), AP 071-01-12T, three parcels,
property located on the south side of the intersection of
Deer Meadow Road and Encina Grande Road, Berry Creek area.
(from 3/4/86)
2. Continued hearing - Ron Graves and Associates - on behalf
of William Marshall, appeal the Advisory Agency's denial of
tentative parcel map (proposed mitigated negative declaration
regarding environmental impact), AP 071-01-120, two parcels,
property located on the east side of the intersection of Deer
Meadow Road and Encina Grande Road, Harts Mill area. (from
3/4/$6)
Page 351
April 1, 1986
86-199
(Cont'd) 3. Continued hearing - Ron Graves and Associates - on behalf
of Ted Runge, appeal the Advisory Agency's denial of tentative
parcel map (proposed mitigated negative declaration regarding
environmental impact), AP 071-01-119 (portion), four parcels,
property located on the west side of the intersection of Deer
Meadow Road and Encina Grande Road, Harts Mill area. (from
3/4/86)
Motion: FOUND THAT THESE PROJECTS DO NOT CONFORM TO THE POLICIES
OF THE BUTTE COUNTY GENERAL PLAN; NAMELY, THE CIRCULATION
ELEMENT, THE OPEN SPACE ELEMENT, SAFETY ELEMENT, THE
IMPACTS TO PUBLIC SERVICES - PARTICULARLY POLICE AND
FIRE PROTECTION, AND WOULD SIGNIFICANTLY INJURE MIGRATORY
DEER HABITAT. DENIED THE TENTATIVE PARCEL MAP FOR
ROBERT COWDEN, AP 7l-O1-127; DENIED TENTATIVE PARCEL
MAP FOR WILLIAM MARSHALL, RP 71-01-120; AND DENIED
TENTATIVE PARCEL MAP FOR TED RUNG, AP 7 1-01-119.
M S
Vote: l Y 2 Y 3 N 4 N 5 Y (Motion carried)
(SUPERVISOR WHEELER ABSENT AT THIS TIME.}
86-200
(493) A. Dees, et ai - appeal of the Rdvisory 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, 300 feet south of Feather
Avenue, Therma]ito area. {HEARING CLOSED AND CONTINUED TO MAY 6,
T9$6.)
(SUPERVISOR FULTON ABSENT AT THIS TIME.)
86- 201
(1322) dousing and Community Development - consideration of amendments
to the county's application in order to meet the needs of low
income households whose homes sustained flood damage in other
areas of the county.
Motion: AUTHORIZED LOAN COMMITTEE TO APPROVE LOANS FOR FLOOD
DAMAGE OUTSIDE THE TARGET AREA WHICH CANNOT BE REPAIRED
UNDER STATE OR F£D£RAL DISASTER PROGRAMS AND DIRECT
CONNERLY & AS50CIATES TO ADVISE THE STATE, RED CROSS
AND THE MEDIA OF THIS POLICY.
S M
Vote: l Y 2 Y 3 AB 4 Y 5 AB (Motion carried)
Recess: 4:07 p,m.
Reconvene: 4:23 p.m.
{SUPERVISOR FULTON PRESENT AT THIS TIME.)
Page 352
April 1, 1986
Regular Agenda
86-202 Report from committee concerning California Water Service Company's
construction of an air filtration tower at Sherman and 5th Avenues
in Chico. (from 3/18/86). {CONTINUED ITEM UNTIL APRIL 15, 1986.)
$6--203 Clarification of motion - Oro--iiie Airport Environs Plan.
(1427 }
Motion: CLARIFIED MOTION TO INCLUDE, "THEIR ACTION I5 CONSISTENT
WITH THE PURPOSES OF SECTION 21670 OF THE PUBLIC UTILITIES
CODE."
M S
Vote: l Y 2 Y 3 AB 4 Y 5 Y (Motion carried)
86-- 204
(1462) Discussion with representative of Butte County Farm Bureau and
Department of Public Works concerning flooding problems in Butte
County. (MO ACTION TAKE~t.)
86--205
(14$0) Status report from County Counsel on the reimbursement agreement.
(from 3/78/86}
Motion: DIRECTED THAT REIMBURSEMENT AGREEMENT BE FOR A 10-YEAR
PERIOD AND DELEGATED AUTHORITY TO SIGN REIMBURSEMENT
AGREEMENTS TO THE DIRECTOR OF PUBLIC WORKS.
M S
Vote: T Y 2 Y 3 AS 4 Y 5 Y (Motion carried}
86-2Q6
(1565) Report from County Counsel and Public Works Director on the status
of bonding and use permit conditions of Green Rock Quarry. (from
3/18/86} (DISCUSSED. NO ACTON TAKEN.)
86-207 Discussion of Chico Area Sewer Master Pian.
(2044}
(SUPERVISOR WHEELER PRESENT AT THIS TIME.)
Motion: ENVIRONMENTAL HEALTH DIRECTOR AND STAFF DIRECTED TO DRAFT
A LETTER TO REGIONAL WATER QUALITY CONTROL BOARD AND
THE CITY OF CHICO ADVISING THAT THE COMMUNITY CANNOT
AFFORD THE SEWER PLAN, AND TO REQUEST ALTERNATIVES.
~*~~
0000
M S
Vote: 1 Y 2 Y 3 Y 4 Y
Page 353
5 Y (Unanimously carried}
Apri 7 7 , 7 986
Closed Hearings
86-208
(801) Closed hearing - Butte County Planning Commission proposed negative
declaration regarding environmental impact and rezone from R-4
(maximum density residential restricted service) and S-R (suburban
residential} to either C-1 {Tight commercial), C-2 (general
commercial}, C-C (community commercial), N-C {neighborhood
commercial} or H-C {highway commercial) for property having frontage
on East Avenue located east of Cohasset Road and west of Ceres
Avenue, Chico (File 84-70 B&D). (from 3/18/86) {CONTINUED TO
MAY 6, 1986.}
86-209
{854) Closed hearing - Americor - on behalf of R.Z., Inc. - appeals
the Planning Commission's denial of a variance (categorica71y
exempt from environmental review) to 50-foot yard setback to allow
a structure 40 feet from the centerline of White Avenue on property
zoned C-2 (general commercial} property located on the southeast
corner of White Avenue and the Esplanade, Chica. (from 3/1$/86)
Motion: NOTED THAT THE PROJECT I5 CATEGORICALLY EXEMPT FROM
ENVIRONMENTAL REVIEW AND FOUND THAT THERE ARE SPECIAL
CIRCUMSTANCES APPLICABLE TO THIS PROPERTY IN THAT IT
IS THE BOARD'S UNDERSTANDING THAT THE ONLY WAY THE BUSINESS
CAN EXPAND AND COMPETE AS LIKE BUSINESSES IN THE AREA
IS TO ENCROACH INTO THE SIDE YARD SETBACK AND STRICT
APPLICATION OF THIS CHAPTER DEPRIVES THE PROPERTY OWNER
OF RIGHTS ENJOYED BY OTHER PROPERTIES IN THE AREA.
APPROVED THE VARIANCE TO ALLOW EXPANSION OF THE EXISTING
CONSTRUCTION OF THE DRIVE-THROUGH WINDOW 40 FEET FROM
THE CENTERLINE OF WHITE AVENUE.
M S
Vote: T N 2 Y 3 Y 4 Y 5 Y (Motion carried)
86-210 Additional items from Board members:
(CHRTRMAN McLAUGHLIN ABSENT AT THIS TIME)
Supervisor Golan - requested the Board ratify her appointments.
Motion: APPOINTED ROBIN WILSON TO ECONOMIC DEVELOPMENT CORPORATION
BOARD OF DIRECTORS; GRACE MARVIN TO COMMUNITY ACTION
AGENCY 80ARD OF DIRECTORS; AND MARY BLACK, MARY BRASHEARS
AND CHARLES FELDHAUS TO COMMUNITY TRANSIT ADVISORY
COMMITTEE.
M S
Vote: i Y 2 Y 3 Y 4 AB 5 Y (Motion carried)
Page 354
Apri 7 7 , 1986
(CHAIRMAN McLAUGHLIN PRESENT AT THIS TIME.}
2. Supervisor Dolan - requested resolution for Child Abuse
Prevention Month.
Motion: ADOPTED RESOLUTTON 86-46 PROCLAIMING APRIL "CHILD ABlJSE
PREVENTION MONTH."
M S
Vote: T Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried}
Motion: APPROVED CERTIFICATE OF APPRECIATION TO THE CHICO EXCHIANGE
CLUB CONGRATULATING THEM ON THEIR 75TH ANNIVERSARY OF
EXCHANGE CLUBS AND TN RPPRECTATION FOR THEIR WORK IN
COMMUNITY SERVTCES.
M S
Vote: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried}
Motion: APPROVED CERTIFICATE OF APPRECIATION TO BE PRESENTED
TO VIRGINIA SATIR AT THE LUNCHEON IN HER HONOR.
M S
Vote: 1 Y 2 Y 3 Y 4 Y 5 Y {Unanimously carried)
3. Supervisor Fulton - announced that the penalty abatement item
had been resolved.
4. Supervisor Fulton - informed the Board he would not be able
to attend the scheduled meeting in CohasSet on April 2.
5. Chairman McLaughlin - suggested that the setting of a joint
meeting with Chico City Council be delayed until negotiations
over the tax split progresses further.
86--211 Closed hearing - Butte County Planning Commission - development
of land use planning policies far the Cohasset/Forest Ranch Planning
Area Committee (File 83--84A). (from 3/18/86} {MEETING SCHEDULED
FOR APRIL 2, 1986 AT 7:30 P.M. WA5 CANCELED DUE TO THE FACT A
QUORUM OF BOARD MEMBERS WOULD BE UNABLE TO ATTEND.}
Closed Session: The Board recessed at 5;48 p.m. for a closed
session on the litigation matters of Dulai and
Harrison.
Reconvene: The Board reconvened at 6:10 p.m. (NO ANNOUNCEMENTS.}
Page 355
Apri;,l 7 , T 986
Rdjournment: There being nothing further before the Board at
this time the meeting was adjourned at 6:ii p.m.
to reconvene on April l5, 1986.
~^ ~
Chairman, Board of pervisors
ATTEST: MARTIN +l. NICHOLS
Chief Administrative Officer and
Clerk of the Board of Supervisors
By: .~
Page 356
April 1, 1986