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HomeMy WebLinkAboutM041586 April 15, 1986 Call to order - Board of Supervisors room, County Administration Building, 25 County Center Drive, Orovil7e. Present: Supervisors Dolan, Fulton, McInturf, Wheeler and Chairman McLaughlin; Martin J. Nichols, chief administrative officer, by Mike Pyeatt, deputy administrative officer; Harvey Wallace, county counsel; and Rubye Townsley, deputy clerk of the Board. Pledge of allegiance to the Flag of the United States of America. 56-210 Additional items from Board members to be addressed at the end of the day. 7. Supervisor Mclnturf -- a request from Plumas County. 2. Supervisor Dolan - received correspondence from Stanislaus County which was send to county's old address. {REQUESTED SOMEONE NOTIFY THEM OF CURRENT COUNTY ADDRESS.) 3. Supervisor Wheeler - report on CSAC Budget Committee meeting. $6-211 Items removed or added to the Consent Agenda: 1. Pollution study contract - a contract has been prepared with the State Water Resources Control Board for a pollution study for the Palermo area in the maximum amount of $19,951 which will require an approximate $50O county share. 2. Public Guardian - vacation carry over - the Public Guardian requests Board approval to extend her vacation carry over to April 30, 1956 in which to take time off. {PULLED FROM AGENDA.} Page 356 April 15, 1986 86- 211 (Cont`d} 3. Status report on interdepartment committee on child abuse. 4. Assembly Bill 3830 {Rogers} -- the bill would change the distribution manner of state vehicle fuel sales tax receipts earmarked for county roads. (PULLED FROM AGENDA.} 5. Planning Commissioner's travel - pursuant to Board resolution, authorization is necessary to approve funding for Commissioner Lambert to attend the California County Planning Commissioners Association meeting in Santa Rosa in the approximate amount of $60.{14. (ITEM ADDED TO CONSENT AGENDA.} 86-2x2 Consent Agenda (78) 1. Minutes of April 1, 1986. APPROVED MINUTES OF APRIL 7, 1986. 2. Budget transfers. APPROVED BUDGET TRANSFERS B-211, 8-212, B-214, B-219, B-221, B--224, B-226, B-227, B-232, 8-233 AND B-234. 3. Victim/Witness donation - a donation of a Sharp 19-inch color television set at a value of approximately $250 has been made to the program. ACCEPTED DONATION. 4. Butte County Library donation - in accordance with Government Code Section 25355, a donation has been received in the amount of $750 from Dr. and Mrs. Robert S. Johnson for the purchase of memorial books. ACCEPTED DONATION AND AUTHORIZED A LETTER OF APPRECIATION. 5. Appointments to the Oroville Memorial Hall Committee. APPOINTED JOHN ELTON, DELEGATE, AND ADOLPH BECERRIL, ALTERNATE, REPRESENTING DISABLED AMERICAN VETERANS, FEATHER RIVER CHAPTER 71, TO SERVE UNTIL DECEMBER 31, 198fi. 6. Shimizu Bros., Inc. - Land Conservation Act agreement cancellation - the cancellation fees in the amount of $476.80 have been paid for cancellation of the Land Conservation Act agreement for AP 47-13-76 (portion), property located on the north side of ~iilson Landing Road, T/4 mile west of Meridan Road, west of Chico. DIRECTED THAT THE CLERK OF THE BOARD RECORD THE FINAL CERTIFICATE OF CANCELLATION ON THE ABOVE PROPERTY. Page 357 April 15, 19$6 86-212 {Cont'd) 7. Final map - Little Chico Creetc Estates - the developer has provided a maintenance bond to guarantee maintenance afi facilities for a period of one year starting April T5, 1986 on the eight-lot subdivision and remainder, AP 56-24-33, located on both sides of Stage Road, 1200 feet north of State Highway 32, Forest Ranch area. APPROVED THE FINAL MAP; ACCEPTED EASEMENTS AS GRANTED IN THE OWNER'S CERTIFICATE ON BEHALF OF THE PUBLIC; ACCEPTED GRANT IN FEE SIMPLE STAGE ROAD RS OFFERED IN THE OWNER'S CERTIFICATE; AND AUTHORIZED THE CHAIRMAN TO SIGN THE SUBDIVISION AGREEMENT. 8. George A. Havel tentative parcel map - the applicant requests permission to cross a one-foot no-access strip at the north end of Nope7 Drive, Forest Ranch area, AP 63-71-03. AUTHORIZED CROSSING OF ONE-FOOT NO-ACCESS STRIP AS RECOMMENDED BY THE PUBLIC WORKS DIRECTOR. 9. Annexation to County Service Area No. 25 {8urnap Subdivision) - annexation to CSA 25 to provide storm drainage to one parcel of 4.436 acres on which 13 single-family units are to be built is being requested. The annexation was approved by LAFCo on April 3, 7986. ADOPTED RESOLUTION 86-47 ANNEXING THE TERRITORY TO CSA 25. 10. Public WoriCS Subdivision Inspection - electronic typewriter - the department requests the purchase of an electronic memory typewriter with floppy disk drive and disks at an estimated cost of $1,400. AUTHORIZED ACQUISITION OF FIXED ASSET. 1T. Assessor's on-line inquiry system - the land development departments (Planning, Subdivision Inspection, Building Inspection and Environmental Health) request authorization to gain access to the Assessor's on-Tine inquiry system. Proposed are microcomputers and other supporting equipment which have been identified in a feasibility report prepared by the Data Processing Department. Budget transfer B-221 has been prepared to provide the necessary appropriation. AUTHORIZED PARTICIPATION IN THE ON-LINE INQUIRY SYSTEM, AND AUTHORIZED ACQUISITION OF COMPUTER EQUIPMENT AND RELATED ITEMS IDENTIFIED IN EXHIBITS "A" THROUGH "D" OF THE FEASIBILITY REPORT. 7.2. Mental Health - microcomputers - a feasibility report has been prepared which recommends the acquisition of two microcomputers and related items for the Mental Health Department. Budget transfer B-226 has been prepared to provide the necessary appropriation. AUTHORIZED ACQUISITON OF FIXED ASSETS AS RECOMMENDED. 13. Edwin D. Loomis, Paradise - submits a claim in the approximate amount of $998,230 resulting from alleged damages sustained on December 9, 1985 while incarcerated in the Butte County Jail. REJECTED CLAIM AND REFERRED TO COUNTY COUNSEL AND RISK MANAGEMENT. Page 358 April T5, 1986 86-212 (Cont'd} 14. Lynn D. Fender, attorney at law - on behalf of Richard Alan Pyle, submits a claim in the amount of $100,000, plus other expenses and damages incurred on January 29, 1986 in the Stirling City area involving the Sheriff's Department. REJECTED CLAIM AND REFERRED TO COUNTY COUNSEL AND RISK MANAGEMENT. 15. C. D. Matthews, Jr., attorney at law - on behalf of Robert Schiedeck, submits a claim for indemnity in the case of Heidi Schiedeck v. Robert Schiedeck, et al {Butte County Superior Court Case Ito. 89976). REJECTED CLAIM FOR INDEMNITY AND REFERRED TO COUNTY COUNSEL AND RISK MANAGEMENT. 16. Craig Eugene Daugherty - submits a claim in the estimated amount of $100,000 resulting from alleged injuries and damages incurred on or about December 8, 1985 at the corner of State Route 162 and Lower EJyandotte Avenue involving unspecified law enforcement officers. REJECTED CLAIM AND REFERRED TO COUNTY COUNSEL AND RISK MANAGEMENT. 17. Cindy R. Okamoto, attorney at law - an behalf of Debra Susan Douglas and Jason Calvin Douglas submits a claim in the amount of $102,397.12 for aT1eged injuries and damages resulting from an accident on December 17, 1985 in the vicinity of the East 20th Street overpass above Highway 99 in Chico. REJECTED CLAIM FOR INSUFFICIENT INFORMATION. 18. Investments information report - the Treasurer submits the March 31, 1986 report in accordance with AB 1073 and the county's investment policy. ACCEPTER FOR INFORMATION. 19. Relief from accountability - the Sheriff requests relief from accountability of the Civil Trust Fund in accordance with Government Code Section 29390 and Board Resolution 75-177 in the amount of $52.55. AUTHORIZED RELIEF FROM ACCOUNTABILITY AS RECOMMENDED BY THE AUDITOR AND DISTRICT ATTORNEY AND THAT THE CIVIL DIVISION TRUST FUND BE REIMBURSED BY A CHARGE TO THE GENERAL FUND. 20. Revolving fund - Sheriff-Coroner records unit - a resolution has been prepared to establish a revaluing fund for the purpose of making change in the records unit of the Sheriff's Department. ADOPTED RESOLUTION 86-48 AND AUTHORIZED THE CHAIRMAN TO SIGN. 21. Butte County Detention Facility - audit - proposals have been received for the conduct of the audit of the County Jail Capital Expenditure Bond Act. Johnson and Heller, certified public accountants, have submitted the lowest proposal in an amount not the exceed $1,590. AUTHORIZED THE ADMINISTRATIVE OFFICER TO ENTER INTO A CONTRACT 4~ITH JOHNSON AND HEELER, CERTIFIED PUBLIC ACCOUNTANTS, FOR THE CONDUCT OF THE AUDIT. Page 359 April i5, 1986 86- 213 (Cont'd) 22. Penalty abatement requests - change of ownership reports. DENIED PENALTY ABATEMENT REQUESTS AS RECOMMENDED BY THE CHIEF ADMINISTRATIVE OFFICER AS FOLLOWS: SHARLENE MOORS, AP 009-17- 3-002-0; MR. AND MRS. JAMES EVERHART, AP 046-21-1-030-0 AND CARRY A. WHITE, AP 062-07-0-434-0. 23. Transfer of title - 2150 Oro Bangor Highway, Oravi7le - 5haran Alexander has fuTfiTled the terms of the installment sales contract for the purchase of the property. AUTHORIZED THE CHAIRMAN TO SIGN AN INDIVIDUAL GRANT DEED TRANSFERRING TITLE OF THE PROPERTY. 24. 7984-85 Community Development Slack Grant - Minor Nome Repair Program - a proposal has been developed to contract with the Community Action Agency to operate the program in Chapmantown in an amount not to exceed $67,500. AUTHORIZED THE DIRECTOR OF PUBLIC WORKS TO SUBMIT A LETTER TO STATE HOUSING AND COMMUNITY DEVELOPMENT REQUESTING APPROVAL OF THE MINOR HOME REPAIR PROGRAM. 25. Salary ordinance amendment - the ordinance increases salaries for psychiatrist from Range 40.0 ($4173-5080 per month) to Range 4Z.5 ($4778-5748 per month} approximately a 13.2% increase. The increase is recommended in order to meet the critical recruitment needs to fi1T positions. WAIVED THE SECOND READING RND ADOPTED ORDINANCE 2521. 26. Resolution proclaiming May 1, 1986 as National Prayer Day. ADOPTED RESOLUTION 86-49 AND AUTHORIZED THE CHAIRMAN TO SIGN. 27. Designation of county authorized agent - a resolution has been prepared designating the civil disaster officer as the point of contact far matters relating to the filing of applications far federal aid under Public Law 93-288 for county departments, private nonprofit organizations and public agencies working through the county for firing purposes. ADOPTED RESOLUTION 85-50 RND AUTHORIZED THE CHAIRMAN TO SIGN. 28. ldfental Health outreach services - a contract has been prepared with the Butte-6ienn Family Service Association to provide outreach services and serf-help support services to the Hispanic community during the period April 1, 1986 through June 30, 1986 in an amount not to exceed $6,000. APPROVED AGREEMENT AND AUTHORIZED THE CHAIRMAN TO SIGN. 29. Tehama County inpatient services contract - a contract has been prepared with Tehama County to provide inpatient services for Butte County clients requiring physical restraints and i5 similar to a previous agreement. The contract is in the maximum amount of $5,240 and covers the period November 1, 1985 through June 30, 7986. APPROVED AGREEMENT AND AUTHORIZED THE CHAIRMAN TO SIGN. Page 360 April 15, 1986 86-212 (Cont'd} 30. Supplemental rates for residential care - an application has been prepared to the State Department of Mental Health to provide access to $56,573 in state funds to supplement SSI rates paid to residential care providers. This program is 100% state funded with no local county match. APPROVED THE APPLICATION AND AUTHORIZED THE MENTAL HEALTH DIRECTOR TO SUBMIT TO THE STATE DEPARTMENT OF MENTAL HEALTH ON BEHALF OF THE COUNTY. 31. Family planning amendment - an amendment to the 1985-86 family planning contract with the State Department of Health Services has been prepared which provides for updated income eligibility guidelines, increased fee schedule and modified billing and certification instructions. The maximum amount payable under the contract has not changed. APPROVED CONTRACT AND AUTHORIZED THE CHAIRMAN TO SIGN. 32. 19$5-86 standard agreement for county health services - an agreement has been prepared with the State Department of Health Services which will provide for reimbursement to Butte County up to $1,330,219 covering a portion of 1985-86 county health services costs. APPROVED STANDARD AGREEMENT AND AUTHORIZED THE CHAIRMAN TO SIGN. 33. Welfare training contract - an agreement has been prepared with UC Davis Extension to provide training for eligibility worker staff. Total amount of the contract is $20,000 and provides for no county cost. APPROVED AGREEMENT AND AUTHORIZED THE CHAIRMAN TO SIGN. 34. Child abuse prevention contract - Amendment No. 1 to the Family Services Association contract has been prepared amending the term of the contract through December 31, 1985, reducing the amount of the contract from $14,000 to $13,825, and providing for a $175 cash and/or in--kind match from the contractor. APPROVED AMENDMENT N0. 1 TO CONTRACT 15006 AND AUTHORIZED THE CHAIRMAN TO SIGN. 35. Child protective services - group counseling - an amendment has been prepared to the STEP II psychological Services contract covering the period July 1, 1985 through June 30, 1986 which reduces the hourly rate from $60 per hour to $45 per hour for therapy. APPROVED AMENDMENT AND AUTHORIZED THE CHAIRMAN TO SIGN. 36. Impounded property tax agreement - an agreement has been prepared with the City of Chico which provides for the release of impounded funds to each agency as follows: Chico, $418,000; county, $418,800; and retention of impounds amounting to $209,400. APPROVED AGREEMENT AND AUTHORIZED THE CHAIRMAN 70 SIGN. Page 367 April 15, 7986 86-- 212 (Cont'd) 37. Chief Administrative Officer absence - pursuant to County Code the Chief Administrative Officer requests to be excused from attending the May 6, 1986 Board meeting to attend the National Emergency Training Center course on disaster planning. APPROVED REQUEST. 38. Termination of insurance coverage - Westcoach, lnc. - Public Works has been informed that effective April 23, 1986, Westcaach, Inc. will no longer have the requisite insurance to operate the Chico Clipper, Butte County Transit, Chico Area Transit and Paradise Express. AUTHORIZED PUBLIC WORKS DIRECTOR TO SUSPEND SERVICES ON APRIL 23, 1986, UNLESS AND UNTIL PROPER INSURANCE COVERAGE AS REQUIRED IN THE OPERATION CONTRACTS CAN BE OBTAINED. 39. Senate Bill 2499 (Garamendi) - the bill would provide funding assistance far the conduct of a soil survey in Butte County. SUPPORTED SB 2499. 40. Planning Commissioner's travel - pursuant to Board resolution, authorization is necessary to approve funding for Commissioner Lambert to atend the California County Planning Commissioners Association meeting in Santa Rosa in the approximate amount of $60.00. AUTHORIZED TRAVEL. 4T. Communications. a. Streaminders, Chico - Mary E. Meyer, project coordinator for the Lindo Creek revegation project, writes informing that they have been awarded two grants to enhance Chica's creekside projects and offers their appreciation to Bettye Kircher. ACCEPTED FOR INFORMATION AND REFERRED LETTER TO PLANNING DIRECTOR. b. Martin J. Nichols, chief administrative officer - provides informational copy of letter to Central Yalley Regional Water Quality Control Board stating the Board's position on the Nitrate Action Pian which calls far severing the entire Chico urban area. ACCEPTED FOR INFORMATION ONLY. c. State Department of Fish and Game ~- forwards information which sets forth a specific requirement for state agencies to consult with the Department of Fish and Game on projects subject to CEQA. REFERRED TO PLANNING DIRECTOR. Motion: APPROVED CONSENT AGENDA. S Vote: l Y 2 Y 3 Y 4 Y Page 362 M 5 Y (Unanimously carried} April l5, 7986 Regular Agenda 86-213 Status report on interdepartment committee on child abuse. {89) Motion: ACCEPTED REPORT FOR INFORMATION RND REQUESTED UPDATE MONTHLY ON REGULAR AGENDA. s M Vote: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried} 86- 214 (250) Pollution study contract - a contract has been prepared with the State Water Resources Control Board for a pollution study for the Palermo area in the maximum amount of $T9,951 which wiT7 require an approximate $500 coun-~y share. Motion: APPROVED CONTRACT AND AUTHORIZED THE CHAIRMAN TO SIGN. S M Vote: T Y 2 Y 3 Y 4 Y 5 Y {Unanimously carried) 86-215 (289} Report from Citizens Commission to Review Proposals to form a Department of Corrections in Butte County. Motion: DIRECTED THAT THE COMPASSION BE DISSOLVED AND THAT R LETTER OF THANKS BE SENT TO COMMISSION MEMBERS. M S Vote: 7 Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried) 86-216 (375} Presentation of county water policy by dean Pratt, chairman, Butte County Water Commission. Motion: ACCEPTED REPORT AS POLICY, WITH THANKS TO THE WATER COMMISSION, AND DIRECTED THAT A COPY BE SENT TO CSAC WATER TASK FORCE COMMITTEE AS AN OFFICIAL DOCUMENT FROM THE COUNTY OF BUTTE. S M Vote: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried) 86- 2l 7 {5T8} Report from committee concerning California Water Service Company's construction of an air filtration tower at Sherman and 5th Avenues in Chico. (from 4/1/86) Motion: INTERPRETED BUTTE COUNTY CODE 24-24{D) AS FOLLOWS: WHEN AN APPLICANT OBTAINS A BUILDING PERMIT UNDER THE A-2 ZONE AND BEGINS CONSTRUCTION OF A WRIER STRIPPING TOWER AND SUBSEQUENTLY THAT ZONING IS CHANGED TO A U ZONE, THERE MAY BE LIMITED MODIFICATIONS, SUCH AS A CHARCOAL FILTER, WITHOUT THE REQUIREMENT FORA USE PERMIT. Page 363 April 15, 1986 86-277 (Cont'd) 86-218 {797} 86- 219 (811) 86-220 (1712} M S Vote: 1 Y 2 N 3 Y 4 Y 5 Y (Motion carried) Request to correct: levy of delinquent taxes - C. William Johnson (Tax Bill 09728-0 and 09729-0}. (CONTINUED TO MAY 6, 1986.) Las Plumas High School Band Boosters' request to close Autrey Lane adjacent to the high school. Motion: APPROVED REQUEST OF THE BAND BOOSTERS IN THE CL05URE OF THIS ROAD, AND ASKED MR. CHEFF, COUNTY COUNSEL AND BAND BOOSTERS TO WORK OUT A MUTUALLY ACCEPTABLE PLAN THAT WOULD NDT BE A LIABILITY TO THE COUNTY. S M Vote: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried) Review of proposed FEMA regulations by Civil Disaster Director (Supervisor Wheeler). Motion: DIRECTED A STRONG LETTER OF OPPOSITION BE SENT TO THE FEDERAL AGENCY AND DIRECTED A COPY BE GIVEN TO CSAC SPECIAL TASK FORCE ON FEDERAL DISASTER. AUTHORIZED SENDING TOM STRUTHERS TO TESTIFY BEFORE THE CSAC TASK FORCE COMMITTEE ON CIVIL DISASTER ON BEHALF OF BUTTE COUNTY. s M Vote: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried) Recess: 10:04 a.m. Reconvene: 10:24 a.m. THE BOARD RECESSED AS A BOARD OF SUPERVISORS AT 10:24 A.M. TO CONVENE AS THE AIR POLLUTION CONTROL BOARD. THE AIR POLLUTION CONTROL BOARD ADJOURNED AT 70:33 A.M. TO RECONVENE AS THE BOARD OF SUPERVISORS. Page 364 April 15, 1986 Regular Agenda 86- 221 (2310} Request for interpretation - applicable standards for sewage disposal, i.e. Chapter 19 of the Butte County Cade {sewage disposal) or Appendix VII of Resolution 82-68 (improvement standards far subdivisions, parcel maps, etc.). Motion: DIRECTED LYNN VANHART AND COUNTY COUNSEL MEET WITH WATER QUALITY CONTROL BOARD AND R MEMBER OF THE SURVEYING COMMUNITY TO TRY TO RESOLVE THE CONFLICT OF THE TWO DOCUMENTS. S M Uote: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried} 86-222 {2864) Report to the Board on bid opening - Reconstruction of Richvale Highway, Project No. 25202-8fi-7. Motion: AWARDED BID TO LOW BIDDER, $ALDWIN CONTRACTING, FOR $154,370. S M Vote: 7 Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried} 86-223 (2909) Clarification of motion - inclusion of conditions of approval for R Z Inc. variance to 50-foot front yard setback to allow a structure 40 feet from the centerline of White Avenue on property zoned C-2 and U, property located on the southeast corner of White Avenue and the Esplanade, identified as AP 006--08--1-28, Chico. Motion: AMENDED MOTION IN MINUTE ORDER 86-207, R. Z. INC., TO INCLUDE CONDITIONS OIITLINED IN MEMO FROM PLANNING DATED APRIL 4, 1986. S M Vote: 1 N 2 Y 3 Y 4 Y 5 Y (Motion carried) 86-224 (2980} Appointments to Substance Abuse Council. (CONTINUED TO MAY 6, 1986.) 86-225 Appointments to Building Code Board of Appeals. ~* 00 Motion: APPOINTED LEROY BIGGERS. M S Vote: l Y 2 Y 3 Y 4 N 5 Y (Motion carried) Page 365 April 15, 1986 86-226 Appointments to the Justice System Advisory Droop. Motion: APPOINTED COLEEN JARVIS TO FILL POSITION VACATED BY MARGO DUNN. M S Vote: T Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried) (ITEM TO BE ON AGENDA FOR MAY 6, T986, FOR ADDITIONAL APPOINTMENT.) 86-227 (66) Consideration of support for Operation Slush Fund (Supervisor Fulton}. Motion: SUPPORTED OPERATION SLUSH FUND. S M Vote: T Y 2 N 3 Y 4 N 5 Y (Motion carried} 86-228 (138) Consideration of support far Assembly Bill 3290 - aviation/jet fuel sales tax: grants to airports. (Supervisor Fulton} Motion: SUPPORTED ASSEMBLY BILL 3290. S M Vote: T Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried) 86- 229 (243) Consideration of Assembly Bill 2674 (Connelly) - Brown Act amendments. (INFORMATION ONLY. NO ACTION TAKEN.) Public Hearings and Timed Items 86-230 (415) T. Public hearing - consideration of road name change - Jahtor Way {Bosmas Drive} to Olive Yiew Lane. 2. Public hearing - consideration of road name change - Marney Stone Road (Cherokee Road to End} to Table Top Drive. Motion: ADOPTED RESOLUTION 86-51 AND RESOLUTION 85-52 APPROVING ROAD NAME CHANGES. S M Vote: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried} Page 3b6 April T5, T98b 86- 231 (439) Abatement of substandard dwelling - 4877 Virginia Avenue, Orovil7e - a report has been prepared by the Health Department identifying their attempts to abate a substandard house through the State Housing Law and the County Code. (CONTINUED TO LATER IN THE MEETING.} 86-232 (633) Beatrice Bulloctc - appeal of the Planning Commission's denim of a use permit to aiiow 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-4O (agricultural - 40 acre parceis) located on the south side of West Liberty Road approximately 660 feet east of Losser Avenue, identified as AP 21-i7-40, Gridiey. Motion: FOUND THAT THE REQUIREMENTS OF CEQA HAVE BEEN COMPLETED RND CONSIDERED AND ADOPTED A NEGATIVE DECLARATION; FOUND THAT THE USE PERMIT TO SEGREGATE A HOMESITE ON AP 21-17-40 COMPLIES WITH THE BUTTE COUNTY CODE SECTION 24-43, 46, 47, 49, 54 AND WOULD NOT IMPAIR THE INTEGRITY AND CHARACTER OF THE ZONE IN WHICH THE LAND LIES, AND THAT THE USE WOULD NOT BE UNREASONABLY INCOMPATIBLE WITH, OR INJURIOUS T0, SURROUNDING PROPERTIES OR DETRIMENTAL TO THE HEALTH AND GENERAL WELFARE OF THE PERSONS RESIDING OR WORKING IN THE NEIGHBORHOOD OR TO THE GENERAL HEALTH, WELFARE AND SAFETY OF THE COUNTY; AND FOUND THAT THE VARIANCE TO THE 40 ACRE MINIMUM PARCEL SIZE COMPLIES WITH BUTTE COUNTY CODE SECTION 24-49, SPECIFICALLY THAT THE PARCEL SIZE DEPRIVES IT FROM ENJOYING A HOMESITE SEGREGATION, R USE THAT CAN BE CONSIDERED ON ADJACENT PROPERTIES; AND FOUND THAT THE VARIANCE TO THE TWO ACRE MAXIMUM HOMESITE PARCEL IS JUSTIFIED BY THE LOCATION OF THE KIWI ORCHARD; AND APPROVED THE USE PERMIT AND VARIANCE ON AP 21-17-40 (BEATRICE BULLOCK) SUBJECT TO CONDITIONS i THROUGH 5 LISTED ON Ey1E?~10 FROM PLANNING DATED FEBRUARY 20, 19$6. M S Vote: l Y 2 Y 3 Y 4 N 5 Y (Motion carried) Regular Agenda 86-233 Selection of alternate dates for a joint meeting with the Chico City Council regarding street facility improvement fees. (REFERRED TO CHICO ISSUES COMMITTEE.} Page 367 April 15, 1986 Public Hearings and Timed Items 86-234 {g69} Butte County Planning Commission - development of Tand use planning policies for the Cohasset/Forest Ranch Planning Area Committee {File 83-84A). Motion: MADE MOTION OF INTENT TO APPROVE THE SPECIFIC LANGUAGE, AS PROPOSED BY THE COHASSET COh1MITTEE, TO BE USED FOR THE COHASSET LAND USE PLANNING AREA, SUBJECT TO FINAL CONSIDERATION BY THE BOARD ON MAY 6, 1986. S M Vote: T Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried) Recess: 12:02 p.m. Reconvene: 1:40 p.m. 86-235 Recognition of persons wishing to speak: (2288) 1. Roger Green - requesting clarification of use permit conditions for Green Rock Quarries. **~ 000 (SUPERVTSOR WHEELER ABSENT AT THIS TIME.) 2. Ken Hopper - proposals regarding landfills and the burning of materials. 3. Glenn Miller - offering suggestions regarding Green Rock Quarries. Closed Hearings 86-236 {614} Closed hearing - Robert M. Huskey, appeal of Advisory Agency's requirement far an enrrironmental impact report on a tentative parcel map, RP 30-29-53, four parcels, property located approximately 800 feet west of Larkin Road, on the south side of Afterbay Drive, Thermalito area. (from 5/1/84) {SUPERVISOR WHEELER PRESENT AT THIS TTME.) Motion: DENIED THE APPEAL ON THE BASIS THAT THE OROVILLE AIRPORT ENVIRONS LAND' USE PLAN HAS BEEN ADOPTED, AND THAT THE SUBSEQUENT GENERAL PLAN AMENDMENT AND REZONE WILL NOT PERMIT THE CREATION OF PARCEL SIZE REQUESTED. M S Vote: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried) Page 368 April T5, 1986 86-237 Closed hearing - Louisiana Pacific Corporation - proposed negative declaration regarding environmental impact and rezone from TPZ-150 (timber preserve - 150 acre parcels} to TM-20 (timber mountain - 20 acre parcels) for property located on the north side of Retson Road, 600 feet southeast of Laurel Street, identified as AP 59-05-15, AP 59-06-20, Stirling City. Motion: ADOPTED A NEGATIVE DECLARATION REGARDING ENVIRONMENTAL IMPACT, ADOPTED ORDINANCE 2522 REZONING FROM TPZ-i60 TO TM-20 FOR THAT PROPERTY IDENTIFIED AS AP 59-05-15 AND AP 59-05-20 (LOUISIANA PACIFIC CORPORATION), ADOPTED RESOLlJTION 86-52 TO IMPLEMENT. THE CONDITIONAL ZONING, AND REQUESTED THE ASSESSOR TO PROVIDE INFORMATION REGARDING CANCELLATION PENALTIES IN ACCORDANCE WITH GOVERNMENT CODE SECTION 51142. S M Uote: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried) Public Hearings and Timed Items 86-238 Abatement of substandard dwelling - 4871 Virginia Avenue, Oroville - a report has been prepared by the Health Department identifying their attempts to abate a substandard house through the State Housing Law and the County Code. {CONTINUED FROM EARLIER IN THE MEETING.) (ANOTHER PUBLIC HEARING SET FOR MAY 6, 1986 AT 3:00 P.M. 86--239 Additional items: 1. Mike Pyeatt reported on the following late appeal: GDA Engineering - on behalf of Ray Dahlgren - appeal of the Advisory Agency's denial of a tentative parcel map and boundary line modification (proposed mitigated negative declaration regarding environmental impact}, AP 4i-25-85, three parcels, property located at the northeast corner of Cherokee Road and Derrick Road intersection, Cherokee area. (HEARTNG DATE SET FOR MAY 6, 19$5 AT 2:30 P.M.) 2. Supervisor McInturf - informed the Board of a request from Plumas County Board of Supervisors for Butte County to grade and prepare county's section of Bucks lake Road for an alternate route. Motion: DIRECTED PUBLIC WORKS TO PROCEED WITH ALL HASTE TO PREPARE COUNTY'S SECTION OF THAT ROAD. M S Vote: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried} Page 369 Anri 1 15, i 986 86-239 (Cont'd} 3. Supervisor Wheeler - reported on CSAC Executirre Committee meeting and the possible increase in dues far the coming year. Closed Session: The Board recessed at 2: 3T p.m. far a closed session on potential litigation regarding the North Valley Mail annexation. Reconvene: The Board reconvened at 3:08 p.m. (NO ANNOUNCEMENTS.} Recess: There being nothing further before the Board at this time, the meeting was recessed at 3:09 p.m. to reconvene on April 22, 198fi at 9:00 a.m. Page 370 Apri l 15, 1986