HomeMy WebLinkAboutM041685April 16, 1985
Call to order - Board of Supervisors Room, County Administration
Building, 25 County Center Drive, Orovilie.
Present: Supervisors Dolan, Mclnturf, McLaughlin, Wheeler and
Chairman Fulton; Martin J. Nichols, chief administrative officer;
Del Siemsen, county counsel; and Rubye ~ownsley, deputy clerk of the
Board.
Pledge of allegiance to the Flag of the United States of America.
Invocation ~ Supervisor Wheeler.
85-269 Additional items from Board members to be addressed at the end of the
day:
1. Supervisor Dolan wanted to discuss a proclamation on Endangered
Species Day; policy direction on free dinner program; and requested
a closed session on a personnel matter.
2. Supervisor Wheeler wanted to give a brief overview of the Northern
Supervisors Meeting, and positions taken dealing with the water.
issue.
3. Supervisor McLaughlin wanted to discuss the filing of felonies
with the District Attorney.
85-270 Items removed from the Consent Agenda for separate consideration:
{66)
1. Budget transfers, adding 8-217.
2. Report in support of SB 617, SB 916 and SJR 14 regarding national
forest revenues.
Page 498
April 15, 1985
85-270 3. Agreements to retain attorney services - agreements have been
(Cont'd) prepared with the firms of Leonard and Lyde; Price, Price, Brawn
and Halsey; Robert L. Davis, Inc.; Albrecht, Mims and Battle
to provide outside legal counsel when requested by the county at
the rate of $75.00 an hour and 20~ per mile for vehicle usage.
4. Conveyance of development rights and open area easement for
John H. and Hortense Baker to comply with condition of approval
far the use permit on property identified as AP 42-05-25.
5. Final map - Central House Subdivision - AP 24-23-28, five lots,
located on the northwest corner of Central House Road and Lone
Tree Road.
6. Fire Department fixed assets - Budget transfer 5-203 provides
$8,000 appropriation for five self-contained breathing apparatus.
7. Claim for refund of property taxes - Paradise United Methodist
Church - a refund is being requested for AP 50-30-i9.for FY 1980-81
through 1984-85.
8. Law enforcement contract - an agreement has been prepared with the
Bureau of Land Management to eradicate marijuana and unauthorized
uses o£ BLM land for the period of April 1, 1985, to September 30,
1985, at the rate of $9.51 per hour for reimbursement of services
not to exceed the sum of $5,000.
85-271 Consent Agenda
(111)
1. Approval of minutes. APPROVED MINUTES OF MARCH 19, 1985, AND
APRIL 2, 1985.
2. Butte County Library donation - in accordance with Government Code
X25355 a donation of $1,000 has been made to the Butte County
Library Trust by William K. Williams for the purchase of books.
ACCEPTED DQNATION AND AUTHORIZED LETTER OF APPRECIATION FOR
CHAIRMAN'S SIGNATURE.
3. Appointment to the Butte County Health Planning Council. APPOINTED
JUDITH DELGADO TO SERVE UNTIL DECEMBER 31, 1987.
4. Appointments to the Maternal, Child and Adolescent Board. APPOINTED
RICHARD S. COUK, GERALDINE REASOR, LORAINE DEGRAFF AND LINDA STOTLER
TO SERVE UNTIL MARCH 1, 1988.
Page 499
April 16, 1985
85-271 5. Appointment to the Butte Water District - in accordance with
(Cont'd} Government Code X1780 the Board of Directors of the Butte water
District have appointed Gregory Correa to fill the vacancy left
upon the resignation of Charles Herrington. CONFIRMED AND
APPROVED OF THE DISTRICT'S APPOINTMENT.
6. Status of investments - Dick Puelicher, county treasurer/tax
collector, forwards monthly report in accordance with AB 1073
and county investment policy. ACCEPTED REPORT.
7. Biggs Justice Court -~ in accordance with Government Code §25257 and
X25258 the court requests relief from accountability for $1,83 taken
from the active accounts receivable list. GRANTED RELIEF FROM
ACCOUNTABILITY.
8. Equipment purchase - the County Public Health Officer requests
authorization to replace a weighing balance for the Public Health
Laboratory in an amount not to exceed $900. AUTHORIZED PURCHASE.
9. Cvunty Fire Warden -forwards recommendation to oppose AB 268
(Waters) and SB 79 (Dills). OPPOSED BOTH SILLS.
10. Custodial care for a court dependent. AUTHORIZED WELFARE DIRECTOR
TO ARRANGE AND PAY FOR CUSTODIAL CARE FOR A DEPENDENT IN .HER CURRENT
PLACEMENT.
11. Williams and Williams, attorneys - on behalf of Gary Contreras,
submits a claim in the amount of $150,000 alleging damages as a
result of a motorcycle/motor bike accident along Southern Pacific
Railroad tracks and "B" Street in Biggs on or about January 17, 1985.
REJECTED CLAIM AND REFERRED TO COUNTY COUNSEL AND RISK MANAGEMENT
COORDINATOR.
12. Resolution adopting bylaws for the Western Canal Water District.
ADOPTED RESOLUTION 85-50 APPROVING BYLAWS.
13. Out-of-county travel request - Planning Commissionef Nina Lambert
requests authorization to attend the County Planning Commissioners'
Association Meeting, Southern California District, on April 26,
1985, in Los Angeles in an amount of approximately $231.00.
AUTHORIZED TRAVEL.
14. Board of Supervisors - proposed negative declaration and rezone
from A-2 to FR-10 and FR-40 as shown on Exhibit "BB" and rezone
from R-3 to A-R as shown on Exhibit "CC" on property located east
of Oroville/Quincy Highway and south of Forbestown Road (BB) and
on the south side of Ithaca Street between Myers Street and
Burlington Avenue (CC), Oroville. PUBLIC HEARING DATE 5E T FOR
MAY 21, 1985, AT 10:00 A.M.
Page 500
April 16, 1985
85-271 15. William Burke - proposed negative declaration and rezone from
(Cont`d} FR-5 to FR-2 (foothill residential - two acre parcels) for property
located on the south side of Honey Run Road, approximately 650 feet
east of the Skyway, bounded on the west by the Skyway and on the south
by Edgar Slough, identified as AP 40-46-15, 16, 17, 21 and 22,
southeast Chico. PUBLIC HEARING DATE SET FOR MAY 21, 1985, AT
10:45 A.M.
16. Report from Director of Public Works on request of Northern
California Independent Living Program to implement physically
handicapped requirements for apartments prior to state mandatary
date of September l5, 1985. AUTHORIZED LETTER NOT RECOMMENDING
REQUEST.
17. Final map - Hollybrook Subdivision Phase 4 -- AP 43-29-125 (portion),
13 lots, located an the southeast corner of Hampshire Drive and
and Fairgate Lane in the Chico area. The developer has provided
performance, labor and materials, and maintenance bonds to guarantee
construction of improvement maintenance of facilities for a
period of one year starting upon completion of construction.
ACCEPTED DEPOSIT BY DEVELOPER FOR TAXES OR SPECIAL ASSESSMENTS
WHICH ARE A LIEN BUT NOT YET DUE OR PARABLE. APPROVED FINAL MAP.
ACCEPTED EASEMENTS AS GRANTED IN ITEMS 1, 2 AND 3 OF THE OWNER'S
CERTIFICATE ON BEHALF OF THE PUBLIC. AUTHORIZED CHAIRMAN TO SIGN
SUBDIVISION AGREEMENT.
I8. Hollybrook Subdivision Fhase 5 - AP 43-29-125 (portion}, 18 lots,
located on the south side of Hampshire Drive in the Chico area.
The developer has provided performance, labor and materials, and
maintenance bonds to guarantee construction of improvements and
maintenance of facilities far a period of one year starting upon
completion of construction, ACCEPTED DEPOSIT BY DEVELOPER FOR
TAXES OR SPECIAL ASSESSMENTS WHICH ARE A DIEN BUT NOT YET DUE OR
PAYABLE, APPROVED FINAL MAP. ACCEPTED EASEMENTS AS GRANTED IN
ITEMS 1, 2 AND 3 OF THE OWNER'S CERTIFICATE ON BEHALF OF THE PUBLIC.
AUTHORIZED CHAIRMAN TO SIGN SUBDIVISION AGREEMENT, (THERE IS
ONE OWNER'S CERTIFICA'T'E FOR PHASES 4 AND 5.)
19. Ordinance establishing speed limit on Renshaw Avenue, Chico -
Public Works, in cooperation with the California Highway Patrol,
has completed a traffic study and recommends .it be zoned for 35 MPH.
WAIVED SECOND READING AND ADOPTED ORDINANCE~2464.
20. Ordinance establishing speed limit on Rosewood Drive and Imperial
Way. Public Works has completed a traffic study on Rosewood Drive
and Imperial Way and recommends the speed limit for both streets
be established at 25 MPH. WAIVED FIRST READING OF THE ORDINANCE.
Page 501
April l6, 1985
85-271 21. Lime treatment of Anita and Wilson Landing Roads, Project No.
(Cont'd) 60135E-84-1 -- plans and specifications have been completed for
lime treating Anita Road from Hamilton-Nord-Cana Highway to State
Highway 99 and Wilson Landing Road from 0,1 mile west of Carmen
Lane to State Highway 99E. APPROVED PLANS AND SPECIFICATIONS;
ADOPTED WAGE SCALE; 5ET BID OPENING FOR MAY 16, 1985, AT. 11:00 A,M,
TN THE PUBLIC WORKS OFFICE.
22. Chapman Area Improvement Project Phase TTI, Project No. 53235Q-84-1 -
plans and specifications have been completed for the above-noted
project. APPROVED PLANS AND SPECIFICATIONS; AUTHORIZED CHAIRMAN
AND DIRECTOR OF PUBLIC WORKS TO SIGN PLANS; ADOPTED WAGE SCALE;
AND SET BID OPENING FOR MAY 16, 1985, AT 11:00 A.M. IN THE PUBLIC
WORKS OFFICE.
23. Establishment of revolving fund - Family Support. In accordance with
the Auditor-Controller's directions, and within current appropriations,
a revolving fund is proposed covering Family Support activities
involving Internal Revenue tax return interceptions. AUTHORIZED
ESTABLISHMENT OF REVOLVING FUND PER GOVERNMENT CODE §29410.
24. Minimum Security/Work Release Facility - plans and specifications
have been prepared far Phase II construction activities. APPROVED
PLANS AND SPECIFICATIONS AND AUTHORIZED THE CALL FOR BIDS WITH THE
PURCHASING OFFICER BEING AUTHORIZED TO SET THE BID OPENING DATE.
2S. Drug education contract - an agreement has been prepared with the
Department of Education to have the county provide drug abuse
prevention services for the period of January 1, 19$4, to
August 30, 1984, in an amount not to exceed $13,427. APPROVED
AGREEMENT ANA AUTHORIZED TIE CHAIRMAN TO 5IGN.
26. Payment for developmentally disabled children who are also dependents
of the court - supplemental cast of $66.00 for four court dependents
is requested to avoid relocation. APPROVED RATE INCREASE.
27. Authorization to purchase portable gublic address system for the
crime prevention officer utilizing grant funding. AUTHORIZED PURCHASE
OF PORTABLE PUBLIC ADDRESS SYSTEM,
28. Health insurance plan - an agreement has been reached between the
Sher Company, San Francisco, and Mike Andrews Insurance of Oroville
to act as co-brokers for the county's health insurance plan.
APPROVED THE CO-BROKER ARRANGEMENT AND AUTHORIZED THE CHAIRMAN TO
SIGN THE LETTER NOTIFYING BLUE SHIELD COMPANY OF THE COUNTY'S
INTENTION,
Page 502
April 16, 1985
85-271 29. Unemployment insurance status - the status of the court decision
(Cont'd) ruling unemployment insurance to be a state mandated cost to local
government, subject to Article VIII-B, Section 5., of the Consti-
tution and the pending legislation implementing the court ruling
has not yet been resolved. Based on the court decision the county
has withheld the last two quarters of reimbursement to the state.
A third quarter billing has been received. AUTHORIZED PERSONNEL
DIRECTOR TO-WITHHOLD PAYMENT OF UNEMPLO'Y'MEN'T' INSURANCE BENEFIT
CHARGES IN THE AMOUNT OF $24,686 FOR THE QUARTER ENDING 12/31/84
AND TO APPEAL THE CHARGES TO THE STATE INSURANCE APPEAT,S BOARD.
30. Report from Personnel Director on the annual wage survey of elected
and appointed officials. ACCEPTED FOR INFORMATION.
31. Report from Personnel Director on analysis of HR-1435 and 5-698
(age discrimination legislation). ACCEPTED FOR INFORMATION.
32. Robert J. Bay - appeals the Planning Commission's denial of variance
to minimum lot size to allow a one acre parcel and a 3.40 acre
parcel in an AR-5 zone (agricultural residential - 5 acre parcels)
(proposed negative declaration regarding environmental impact)
for property located on the west side of Forest Ranch Road, 300 feet
west of Highway 32, identified as AP 53-18-03, Forest Ranch.
PUBLIC HEARING DATE SET FOR .TUNE 4, 19$5, AT 10:00 A.M.
33. Tom Joaquin and Carl and Julia Holderbein appeal the Steven Curry
use permit (item categorically exempt from environmental review) to
allow a mobile home as a temporary second dwelling on property zoned
A-10 located on the east side of Crouch Avenue. 500 feet south of
Edgar Avenue in the Dayton area. identified as AP 39-15-43.
PUBLIC HEARING DATE SET FOR MAY 7, 1985, AT 11:00 A.M.
34. Urgency ordinance repealing Ordinance 2462 amending Chapter 24 of
the Butte County Cade. ADOPTED ORDINANCE 2465 REPEALING ORDINANCE
2462.
35. Ordinance amending.. Chapter 24 of the Butte County Code regarding
permitted uses in residential zones. WAIVED FIRST READING OF
THE ORDINANCE.
36. Resolution proclaiming the week of April 14-20, 1985, as National
Library Week. ADOPTED RESOLUTION 85-51.
37. Communications.
a. Far Northern Regional Center - requests the Butte County Area
Transit System be expanded to include a commuter run from Paradise
to transport approximately 30 to 35 of their clients. REFERRED
TO PUBLIC WORKS FOR A REPORT AND RECOMMENDATION.
Page 503
April 16, 1985
85-271 37. Communications (continued)
(Cont'd)
b. California--Oregon Transmission Project - forwards notice of
appropriation of a draft environmental impact report/environmental
impact statement for the California-Oregon Transmission Project.
REFERRED TO PUBLIC WORKS FOR REPORT AND RECOMMENDATION. (SEE MINUTE
ORDER 85-282 FOR FURTHER ACTION.)
c. California Association of Resource Conservation Districts -
writes to request recognition of April 1985 as "Soil Conservation
Month" in California. ADOPTED RESOLUTION 85-52 RECOGNIZING
ZIPRIL 1985 AS SOIL CONSERVATION MONTH.
d. Butte County Housing Authority - writes to request the reappoint-
ment of Manuel Naranjo to the Housing Authority Board of Commissioners
REAPPOINTED MANUEL NARANJO TO SERVE UNTIL THE THIRD THURSDAY IN
APRIL 1989.
e. State Department of Conservation - forwards a questionnaire
on Soil Conservation concerns. REFERRED TO FARM ADVISOR FOR
COMPLETION.
f. City of Gridley - sends notice that they will hold a public
hearing on April 15, 1985, at 7;30 p.m. at the Gridley Justice
Court Building to consider action to declare Hazel Street extension
open to travel by the getteral public. CONCURRED WITH RECOMMENDATIONS
OF CHIEF ADMINISTRATIVE OFFICER.
g. Clifford N. Johnsen, Chico - writes to request postponement
of the April 16, 1985, 2:00 p.m. public hearing concerning the
Board of Supervisors General Plan amendment from agricultural
residential to orchard and field crops of approximately 110 acres
on property zoned A-2 located on the east side of Midway on both
sides of Mary Bill Ranch Road, Chico. TO CONSIDER REQUEST AT
PUBLIC HEARING.
h. Town of Paradise - forwards Town Ordinance No, 131 consolidating
the General Municipal Election with the statewide General Election.
ACCEPTED ORDINANCE AND APPROVED CONSOLIDATION OF ELECTION.
i. City of Chico - forwards notice of completion of draft environ-
mental impact report for Central Ghico Redevelopment Agency.
ACCEPTED REPORT AND REFERRED TO CHIEF ADMINISTRATIVE OFFICER
AND PLANNING DIRECTOR,
j. Butte County Economic Development Corporation writes to request
formation of a public/private partnership for stabilizing the
funding of Economic Development Corporation activities. ACCEPTED
FOR INFORMATION AND REFERRED TO PRIVATE INDUSTRY COUNCIL.
. Page 504
April 16, 1985
85-271 Motion: APPROVED CONSENT AGENDA.
(Cont'd) M S
Vote: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried}
Regular Agenda
85_272 Budget transfers.
(142)
Fire Department fixed assets - Budget transfer B-203 provides $8,000
appropriation for five self--contained breathing apparatus.
Motion: APPROVED BUDGET TRANSFERS 8-197, B-200, 8-201, B-202, 8-203
8-206, 8-208, B-209, B--211, 8-215, B-216, AND B-217. AUTHORIZED
PURCHASE OF FIVE SELF-CONTAINED BREATHING APPARATUS.
M S
Vote: 1 Y 2 Y 3 Y 4 Y 5 Y {Unanimously carried)
85-2Z3 Report in support of SB 617, SB 916 and 5JR 14 regarding national forest
(297) revenues.
Motion: ADOPTED POSITION OF SUPPORT TO RETAIN CURRENT REVENUE FORMULA
AND FOR THE CREATION OF A FOREST LANDS ADVISORY COMMITTEE AT
THE STATE LEVEL. GAVE DIRECTION TO ADMINISTRATIVE OFFICE TO
WRITE LETTERS TO SCHOOL DISTRICTS EMPHASIZING THE IMPORTANCE
OF THEIR PARTICIPATION AND LETTERS TO STATE REPRESENTATIVES.
S M
Vote: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
85-274 Agreements to retain attorney services - agreements have been prepared
{376) with the firms of Leonard and Lyde; Price, Price, Brown and Halsey;
Robert L. Davis, Inc.; and Albrecht, Mims and Battle to provide outside
legal counsel when requested by the county, at the rate of $75.00 an
hour and 20~ per mile for vehicle usage.
Motion: APPROVED AGREEMENTS AND AUTHORIZED CHAIRMAN TO SIGN.
S M
Vote: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
85-275 Conveyance of development rights and open area easement for John H. and
Hortense Baker to comply with condition of approval for the use permit
on property identified as AP 42-05-26.
Motion: AUTHORIZED CHAIRMAN TO SIGN CONVEYANCE OF DEVELOPMENT RIGHTS
AND OPEN AREA EASEMENT.
S M
Vote: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
Page 505
April 16, 1985
85-276 Final map - Central House Subdivision - AP 24-23-28, five lots. located
(533) on the northwest corner of Central House Road and Lone Tree Road.
(HELD UNTIL LATER IN THE MEETING WHEN LYNN VANHART COULD BE PRESENT.}
85-277 Claim for refund of property taxes - Paradise United Methodist Church -
(556) a refund is being requested for AP 50-30-19 for FY 1980-81 through
1984-85, (REFERRED TO COUNTY COUNSEL FOR A REPORT BACK ON MAY 7, 1985.)
85-278 Law enforcement contract - an agreement has been prepared with the
(579) Bureau of Land Management to eradicate marijuana and unauthorized uses
of BLM land for the period of April 1, 1985, to September 30, 1985,
at the rate of $9,51 per hour for reimbursement of services not to
exceed the sum of $5,000.
Motion: APPROVED CONTRACT AND AUTHORIZED SHERIFF AND CHAIRMAN TO
SIGN ON BEHALF OF THE COUNTY.
M S
Vote: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
85-279 Final map - Central House Subdivision - AP 24-23-28, five lots, located
(580) on the northwest corner of Central House Road and Lone Tree Raad.
Motion: ACCEPTED DEPOSIT BY DEVELOPER FOR TAXES OR SPECIAL ASSESSMENTS
WHICH ARE A LIEN BUT NOT YET DUE OR PAYABLE. APPROVED FINAL
MAP. (NOTED THERE IS NO OJNSTRUCTION OF OFF-STREET FACILITIES
REQUIRED AND THEREFORE NO SUBDIVISION AGREEMENT.)
M S
Vote: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
85-280 Ordinance amending Chapter 24 of the Butte County Code regarding
(661} permitted uses in residential zones. (ITEM. PULLED, AFTER HAVING
SEEN APPROVED WITH THE CONSENT AGENDA. MR. NICHOLS INDICATED
THE ORDINANCE DOES NOT REQUIRE TWO READINGS; THE ACTION REQUESTED
SHOULD HAVE BEEN TO-ADOPT THE ORDINANCE,, [MINUTE ORDER 85-271, NO. 35.)
SUPERVISOR McLAUGHLIN HAD QUESTIONS REGARDING ZERO LOT LINE PROVISIONS.)
Motion: RESCINDED PRIOR ACTION; ADOPTED ORDINANCE 2466; ASKED
PLANNING COMMISSION TO LOOK AT ZERO LOT LINE AMENDMENTS.
M S
Vote: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
Page 506
April 16, 1985
85-281 Report from the Board's Budget Committee: (a) request for Superior
(899) Court Judge position; (b) Chico Community Center feasibility study.
{REPORT RECEIVED: {A) RECOMMENDATION TO BE FORTHCOMING AFTER JUDICIAL
NEEDS STUDY IS COMPLETED IN ABOUT THREE WEEKS; (B) PROPONENTS OF CENTER
.REQUESTED TO WRITE LETTER REQUESTING REVENUE SHARING FUNDS.)
85-282 California-Oregon Transmission Project -- forwards notice of appropriation
(1180) of a draft environmental impact report/environmental impact statement
for the California-Oregon Transmission Project. {THIS ITEM WAS
REFERRED TO PUBLIC WORKS UNDER THE CONSENT AGENDA. SUPERVISOR WHEELER
REQUESTED THAT THIS ALSO BE REFERRED TO PLANNING COMMISSION AND
AGRICULTURAL ADVISORY COMMISSION FOR REVIEfnT, AND ALSO REQUEST COMMENTS
.FROM PGandE_)
85-283 Bob Boyden, chairman of the K-Code Committee, requests Board direction
(1261) on whether or not to proceed with a new ordinance.
Motion: INDICATED INTENT TO CONTINUE WITH THE PROGRAM, AND REQUESTED
TkiE COMMITTEE TO COME FORWARD WITH A NEW ORDINANCE.
S M
Vote: l Y 2 Y 3 'Y 4 Y 5 Y (Unanimously carried)
RECESS: 9:58 A.M.
RECONVENE: 10:20 A.M.
Public Hearings and Timed Items
85-284 Wyandotte Creek Road easement abandonment - Wyandotte Creek Road
(1686} located south of Lower Wyandotte Road, identified as AP 27-03-24,
Oroville. (COUNTX COUNSEL ADVISED THAT THE WRQNG FORM WAS PUBLISHED
AND POSTED AND A NEW HEARING WOULD NEED TO BE SET. NO ACTION AT
THIS TIME. SEE MINUTE ORDER 85-298.)
85-285 Windfall Bar fire debris nuisance -- in accordance with Butte County
(1850) Code Section 32A-5, a hearing is necessary to consider evidence and
determine that a nuisance exists for AP 59-093-02, 04, 20, 17041/17039
Skyway, Stirling City.
Motion: BASED ON EVIDENCE PRESENTED, FOUND A NUISANCE DOES EXIST.
INITIATED PROCEEDINGS TO ABATE THE PROBLEM.
S M
Vote: 1 Y 2 y 3 Y 4 Y 5 y {Unanimously carried)
Page 507
April 16, 1985
85-286 Continued hearing -Butte County Planning Commission - amendment to
(2134} Butte County Code Section 24-66 - A-2 (general} limiting residential
densities in the district to those density ranges specified in the
Butte County General Plan (from 4/2/85},
(CHAIRMAN FULTON ABSENT AT THIS TIME}
Motion: ADOPTED ORDINANCE 2467, FINDING THAT IT MEETS THE REQUIREMENTS
OF CEQA.AND ADOPTED A NEGATIVE DECLARATION REGARDING ENVIRONMENTAL
IMPACT. FOUND IT NOT ONLY CONFORMS TO THE GENERAL PLAN, THAT
IS THE REASON TO DO IT.
S M
Vote: l Y 2 Y 3 N 4 Y 5 AS (Motion carried)
Regular Agenda
85--287 Consideration of Shastan Company, Tnc., request regarding county policy
(2599) to deal with existing construction projects in areas covered by the
Nitrate Action Plan (Supervisor Dolan).
Motion: FOUND THAT THIS PROJECT MEETS THE INTENT AND PURPOSE OF
TIDE NITRATE ACTION PLAN, PROVIDED 'IHE APPLICANT OBTAINS
CONCURRENCE FROM T~-TE REGIONAL WATER QUALITY CONTROL, BOARD.
M S
Vote: l Y 2 Y 3 Y 4 Y 5 AB (Motion carried)
85-288 Consideration of request by David Jones and Timothy Bollinger for
(2769) refund of development fees paid to county for development of AP 46-
Q93-027, Chico (Supervisor Wheeler).
(CHAIRMAN FULTON PRESENT AT TkiIS TIME}
** Motion: AUTHORIZED REFUND OF $600.
S M
Vote: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
85-289 Nitrate Action Plan.
(120)
Motion: REVISED ACTION PLAN TO ALLOW THE CITY OF CHICO UNTIL JUNE 1,
1985, TO ESTABLISH .STANDARDS FOR TEMPORARY LEAGI3 FIELD DRAINAGE
SYSTEM AND ADOPTION OF A WELL ORDINANCE; DESIGNATED SUPERVISORS
DOLAN AND WHEELER TO ATTEND WATER QUALITY CONTROL BOARD MEETING
APRIL 26, 1985, AT 1:30 P,M.
S M
Vote: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
Page 508
April l6, 1985
,~
85-29.0: l~part from Board of .Supervisors Jail Committee on establishment of
(177) Department of Corrections (from 4/2/85 (THE COMMITTEE PROPOSED
'T'HE ESTABLISHMENT OF A COUNTY-WIDE COMMISSION OF FIVE MEMBERS, ONE FROM
EACH DISTRICT, TO BE CALLED "CITIZENS COMMISSION TO REVIEW PROPOSALS
FOR DEPARTMENT OF CORRECTIONS. COMMISSION IS TO WORK UNDER THE JAIL
COMMITTEE TO ADDRESS QUESTIONS THAT WERE BROUGHT UP IN THE CHIEF
ADMTNTSTRATIVE OFFICER'S PLAN AND QUESTIONS THAT HAVE SEEN BROUGH'T' UP
BY THE SHERIFF AND TO BRING BACK A REPORT TN SIX MONTHS WITH A RECOMMENDATION
AS TO WHETHER OR NOT TO ESTABLISH A DEPARTMENT OF CORRECTIONS.)
Motion: SUPPORTED PROFOSAL PRESENTED BY THE JAIL COMMITTEE.
S M
Vote: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
(RESOLUTION TO ESTABLISH COMMISSION AND NOMINATIONS TO COMMISSION WILL
BE ON THE AGENDA FOR MAY 7,. 19$5.)
85-291 Report from Water Commission and Planning Director on Board referral
(723} regarding Oraville Wyandotte Irrigation District ETR for proposed
Rock Creek No. 2 Hydroelectric Project (from x/2/85}.
Motion: ACCEPTED REPORT FROM COMMISSION AND AUTHORIZED LETTER TO
BE SENT TO SECRETARY, FEDERAL ENERGY REGULATORY
COMMISSION.
S M
Vote: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried}
85~-292 Report from Supervisor Dolan on Crouch Ditch.
(9~0)
Motion: SET A TARGET ~R THE RESOLUTION OF THIS DRAINAGE PROBLEM
FOR SEPTEMBER 1, 1985, AND A STATUS REPORT IN A MONTH ON:
(1) THE SPECTFiC PLAN SETNG PREPARED FOR THE CHAPMAN/MULBERRY
AREA INCLUDE WkiATEVER IS NECESSARY TO RESOLVE TkIE DRAINAGE
PROBLEM TN THE MULBERRY bTSTRTCT, (2) RESTATE OUR COMMUNICA-
TION TO CITY OF CHICO THAT STORM WATER RUNOFF NOT CAUSE ANY
MORE PROBLEMS, EITHER TO THE MULBERRY DISTRICT OR PEOPLE
ALONG DIAMOND AVENUE (3.} ASK PUBLIC WORKS TO DETERMINE
THE MOST FEASIBLE ROUTING OF STORM WATER .AT THE RAILROAD
TRACKS, BOTH SIDES, AND THAT SOUTHERN PACIFIC OR WHOMEVER
IS APPROPRIATE SE CONTACTED ABOUT ACHIEVING AN EASEMENT FOR
THAT. ALSO INCLUDE COMANCHE CREEK IN OUR COMMUNICATION
TO THE CITY OF CHTCO AND ALSO ASK. PUBLIC WORKS TO CONSIDER
THAT IN THEIR WORK ON WHERE TO ROUTE THE STORM WATER.
M S
Vote: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
Page 509
April 16, 1985
Public Hearings and Timed-Items
85-293
(1490}
~~~
000
85--294
(29D)
1985 Community Development Block Grant application.
Motion: APPROVED SUBMISSION OF AN APPLICATION FOR $450,000., PRE-
PARED BY CONNERLY & ASSOCIATES FOR REHABILITATION PROJECTS AND
WORK TRAINING CENTER REPAIR; APPROVED SUBMISSION OF AN APPLICATION
FOR $150,000 PREPARED BY ECONOMIC DEVELOPMENT CORPORATION FOR
A LOAN TO GOURMET VALLEY FOODS, A WILD RIGS PROCESSING FIRM; AND
AUTHORIZED CHAIRMAN TO SIGN APPLICATIONS,
S M
Vote: 1 2 3 4 5
Alternate Motion: APPROVED SUBMISSION OF AN APPLICATION FOR $420,000
PREPARED BY CONNERLY & ASSOCT~~iTES FOR REHABILITATION PROJECTS
AND WORK TRAINING CENTER REPAIR: APPROVED SUBMISSION OF AN APPLI-
CATION FOR $180,000 PREPARED BY ECONOMIC DEVELOPMENT CORPORATION
FOR A LOAN TO GOURMET VALLEY FOODS, A WILD RICE PROCESSING FIRM; AND
AUTHORIZED CHAIRMAN TO SIGN APPLICATIONS.
S M
Vote: 1 N 2 Y 3 Y 4 Y S Y {Motion carried)
CLOSED SESSION: The Board recessed at 12:30 p,m, for a lunch break
and closed session on a personnel matter, Meet and Confer,
Chico tax exchange lawsuit and potential litigation.
RECONVENE:- The Board reconvened at 1:37 p.m. following lunch and a
closed session. (SEE MINUTE ORDERS 85-294 AND 85-3D7.}
Report on closed session.
Motion: APPROVED CONTRACT WITH RICHARD HY~ & ASSOCIATES OF SACRAMENTO
FOR AN ESTIMATED FEE OF $100 PER HOUR TO REPRESENT THE COUNTY
IN ITS POSITION ON THE CENTRAL CHICO REDEVELOPMENT PROJECT.
S M
Vote: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
85-295 Recognition of persons wishing to speak:
(308)
1. Nell Lind - regarding the Central House Subdivision map, and
suggested that any potential water pollution problems be
disclosed on the map.
2. Louis Camenzind, Jr. - concerning. things happening in agriculture,
3. Frank Brazell - comments regarding: (1) Crouch Ditch, {2) understaffing
of the Environental Health office, and (3) literature left on
Chico High School lockers regarding "Gay and Lesbian Awareness
Days."
Page 510
April lb, 1985
Regular Agenda
85-296 Discussion of SB 290 (Foran) regarding gas tax increases and AB 14b0
(685) (Rogers) regarding the sharing of vehicle fuel sales tax.
Motion: ADOPTED RESOLUTION 85-53 SUPPORTING SB 290.
S M
Vote: 1 X 2 Y 3 X 4 N 5 Y (Motion carried)
Public Hearings and Timed Items
85-297 The following public hearings were held as one item:
(1051}
1. Butte County Planning Commission - proposed negative declaration
and General Plan amendment for frontage property from low density
residential to commercial and west of the Ma11 from
low density residential to medium density residential
and rezone from P,-2 (general} and R-1 (single family
residential) to N-C (neighborhood commercial); A--2-
to R-1; C-C (community commercial} to R-2 (duplex residential} and
R-1 to H-C .(highway commercial) for property located an both sides
of East Avenue between Highway 99 and Cohasset, Chico.
2. Butte County Planning Commission -- proposed negative declaration
and General Plan amendment to revise the General Plan Land Use Element
of the Chico Urban Area to reflect existing development, servicing
constraints and achieve intergovernmental General Plan consistency in
the Chico Urban Area.
3. Board of Supervisors - General Plan amendment (previously certified
ET R} from agricultural residential to orchard and field crops on
property zoned A-2 (general) located approximately 500 feet south of
Oroville-Chico Highway, 1400 feet east of the Midway, identified as a
portion of AP 40-06-04, Durham (Mer1o, File 85-36).
4. Board of Supervisors - General Plan amendment (previously certified
EIR) from agricultural residential to orchard and field crops of approxi-
mately 110 acres on property zoned A-2 (general) located on the east side
of the Midway on both sides of Marybill Ranch Road, two miles south of
Chico, identified as AP 40-02-116, Chico (South Fork, File 85-27).
Page 511
April 16, 1985
$5 29,7, '5. Planning Commission -rezone (item on which there was a previously
(Cont'd) certified EIR) the areas zoned A-2 (general) located on the agricultural
side of the Chico greenline to zoning compatible with the General Plan
{SR-1 in agricultural residential areas ,, agricultural zones except A--5,
A-10) on property located {1) on the north side of Bell Road, southeast
of Mud Creek; (2) east side of Dayton Road, southeast of Southern
Pacific Railroad. and north of Orchard Way; {3) both sides of Midway
from Hegan Lane to approximately 1/4 mile south of Oroville-Chico
**** Highway (File 85-43).
~aoo
Recess: 2:53 p.m.
Reconvene: 3:10 p.m.
*****
00000 Recess: 5:40 p.m.
Reconvene: 5:48 p.m.
(SUPERVISORS DOLAN AND McLAUGHLIN ASSENT AT THIS TIME)
(HEARINGS CLOSED. HEARING #1 REFERRED TO SUPERVISOR WHEELER AND
PLANNING DIRECTOR FORA REPORT BACK ON MAY 7, 1985. HEARINGS #2,
~3, #4, AND #5 REFERRED TO SUPERVISORS DOLAN AND McLAUGHLIN AND PLANNING
DIRECTOR FOR A REPORT BACK ON MAX 7, 1985.)
85-298 Wyandotte Creek Road easement abandonment - Wyandotte Greek Road located
(1597) south of Lower Wyandotte Road, identified as AP 27-03-24, Oraville.
Motion: ADOPTED RESOLUTION 85-54 SETTING PUBLIC HEARING DATE FOR
MAY 2I, 1985, AT 10:00 A.M.
S M
Vote: l Y 2 AB 3 Y 4 AB 5 X (Motion carried)
{SUPERVISORS DOLAN AND MCLAi7G~-TLIN PRESENT AT THIS TIME1
Regular Agenda
$5-299 Consideration of letter submitting Board comments on Sacramento River
(1638) Bank Protection Project {from 4/2/85). (CONTINUED TO MAY 7, 1985.)
85-300 Resolution updating status of Agricultural Advisory Commission.
(1788)
Motion: ADOPTED RESOLUTION 85-55 AND AUTHORIZED CHAIRMAN TO SIGN.
S 1"Z
Vote: l Y 2 Y 3 Y 4 Y
Page 512
5 Y (Unanimously carried)
April 16, 1985
85-3D1 Discussion of date and time to meet with Chico City Council concerning
(1980} land use differences within the Chico Urban Area. (MR. NICHOLSTO
WRITE LETTER TO CHICO CITY COUNCIL THAT MATTERS WILL BE DTSCUSSED-SY
'THE INTERGOVERNMENTAL RELATIONS COMMITTEE.
Closed Hearing
$5-302 Closed hearing - Rock Creek Reclamation District boundaries (from 3/19/85).
(2059} (HEARING CONTINUED TO REGULAR AGENDA 0~` MAY 7, 1985.}
Regular Agenda
85-303 Board of Supervisors/County Planning Commission joint meeting
(2329} of May 7, 19$5 - the Commission requests Board input for the joint
meeting agenda. (NO INPUT SUBMITTED BY THE BOARD.)
85-304 Appointment to Infrastructure Task Force (from 4/2/85).
(2376)
Motion: APPOINTED TOM SORENSEN
M S
Vote: l Y 2 Y 3 Y 4 Y S Y (Unanimously carried)
$5-305 Appointment to Infrastructure Task Force (from 4/2/85). (CONTINUED TO
(2412) MAY 7, 1985.}
85-306 Chief Administrative Officer report of Board of Supervisors' committee
(2447) vacancies. (CONTINUED TO MAY 7, 1985).
85-307 Report an closed session held earlier~~in the day.
(CHAIRMAN FULTON READ THE FOLLOWING STATEMENT: THE BOARD OF SUPERVISORS
OF THE COUNTY OF BUTTE HAS DETERMINED THAT IT WILL DISMISS THE PENDING
CITY OF CHICO VS. THE COUNTY OF BUTTE APPEAL, CASE NUMBER 3 CIVIL 24577,
BASED UPON CONFERENCES CONDUCTED BETWEEN FRED DAVIS, CHICO CITY MANAGER,
AND MARTIN 3. NTCHOLS, CHIEF ADMINISTRATIVE OFFICER OF THE COUNTY OF BUTTE,
THE BOARD OF SUPERVISORS BELIEVES THAT DISMISSAL OF THE PENDING LAWSUIT
DEMONSTRATES ITS GOOD FAITH IN ATTEMPTING TO RESOLVE THE EXISTING DISPUTE
BETWEEN THE CITY OF CHICO AND COUNTY OF BUTTE AS IT RELATES TO THE SHARING
OF SALES TAX ANNEXATION AND LAND USE. IT IS THE HOPE OF THE BOARD OF
SUPERVISORS THAT THE TWO PUBLIC ENTITIES WILL 5IT DOWN AND DISCUSS THE
DISPOSITION OF REVENUES FOR THE BENEFIT OF THE RESIDENTS OF THE COUNTY
OF BUTTE, THE BOARD OF SUPERVISORS ,. .THROUGH .ITS INDIVIDUAL MEMBERS,
Page 513
April 16, 1985
85-307 INTENDS TO MEET WITH THE RESPECTIVE CITIES LOCATED WITHIN THE COUNTY OF
(Cont'd) BUTTE TO DISCUSS THE ISSUE OF THE PROPER DISTRIBUTION OF SALES TAX AND
FROPERTY REVENUES SO THAT ALL THE CITIZENS OF THE COUNTY OF BUTTE
RECEIVE APPROPRIATE SERVICES WHETHER RENDERED BY A CITY OR BY THE COUNTY.
TIME BOARD OF SUPERVISORS FLANS TO REQUEST RETIRED THIRD DISTRICT COURT
OF APPEALS JUSTICE BERTRAM DANES TO CONTINUE TO ACT AS A MEDIATOR IN
THIS AREA 50 AS TO ENCOURAGE IMPARTIAL ANALYSTS OF ALL THE FACTS AND
EQUITY INVOLVED TN THE PROPER DTSTRIBUTTON OF LIMITED REVENUES AVAILABLE
TO THE CTTY OF' CHICO AND THE COUNTY OF BUTTE.)
85-3:08 Additional items from Board members:
(2581)
1. Supervisor Dolan would like a resolution designating Saturday,
April 20, as Endangered Species Day:in Sutte County.
Motion: ADOPTED RESOLUTION 85-56 AND AUTHORIZED THE CHAIRMAN TO SIGN.
M S
Vote: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
2. Supervisor Dolan reported on meeting in which she and
Supervisor Wheeler met with members of the Council of Churches
regarding the free dinner program. The meetings will continue
to investigate ways .the program can be brought into compliance with
state law, but also consider changing the state law to exempt such
programs.
Motion: AUTHORIZED SUPERVTSOR5 DOLAN AND WHEELER TO CONTACT LOBBYISTS
TO WORK ON THE POSSIBLITY OF CHANGING THE LAW.
M S
Vote: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
3. Supervisor Wheeler said she would put the report on file of the
Northern Supervisors' meeting. She reported there are two bills
the Board should support, both dealing with area of origin.
Motion: AUTHORIZED LETTER OE SUPPORT FOR ACA 16 AND SCA 17.
S M
Vote: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
Page 514
April 16, 1985
85-309 4. Supervisor McLaughlin expressed concerns regarding the filing of
(Cont'd) felonies in Oroville, and the problems in the holding cell. He
wondered if a letter could be sent to the District Attorney to
spread the filings out to the other towns. (MR. NICHOLS REPORTED
THAT THE MATTER IS BEFORE TkIE COURT'S TASK FORCE.)
5. Supervisor Wheeler reported that the Northern Supervisors had taken
a position of opposition to a bill regarding inspection of wells.
Motion: AUTHORIZE LETTER OPPOSING SB 715.
S M
Vote: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
6. Supervisor Mclnturf would like a resolution of recognition for
Marcy Perrucci, who was named to the highest state office of
the Order of Rainbow Girls.
Motion: ADOPTED RESOLUTION 85-57 AND AUTHORIZED THE CHAIRMAN TO SIGN.
M S
Vote: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
7. Supervisor McLaughlin requested that agendas be mailed earlier,
****** so Supervisors have more time to review materials. (MR. NICHOLS
000000 INDICATED THAT DEPARTMENTS WOULD BE NOTIFIED OF AN EARLIER DEADLINE
AND THAT AGENDA PACKETS WILL, BE MAILED OUT ON THURSDAY.)
Recess: The meeting was recessed at 6:32 p.m. to reconvene at 10:00 a.m.
on April 30, 1985, for Meet and Confer.
Page 515
April 16, 1985