HomeMy WebLinkAboutM050686May 6, 1986
Call to order - Board of Supervisors room, County Administration
Building, 25 County Center Drive, Orovi7le. Present: Supervisors
Dolan, Fulton, McInturf and Vice Chairman Wheeler;
Martin J. Nichols, chief administrative officer; Harvey Wallace,
county counsel; and Rubye Townsley, deputy cleric of the Board.
Absent: Chairman McLaughlin.
Pledge of allegiance to the Flag of the United States of America.
86-242 Additional items from Board members to be addressed at the end
of the day.
1. Supervisor Dolan - requested resolution far Endangered Species
Day.
2. Supervisor Wheeler - requested letter be sent in protest of
current ads on Prop 51.
86-243 Items amended, or removed from the Consent Agenda far Board
(43) consideration and action.
1. Approval of minutes of April 15, 1986 and April 22, 1986.
2. Child abuse vertical prosecution - a grant application has
been prepared to the State Office of Criminal Justice Planning
which will provide for an investigator and deputy district
attorney. FACTION REQUESTED AMENDED T0: "ADOPT RESOLUTION
AUTHORIZING THE CHIEF ADMINISTRATIVE OFFICER TO SIGN AND SUBMIT
A GRANT APPLICATION.")
Page 374
86-244
Consent Agenda
T. Butte County Library donation - in accordance with Government
Code §25355, donations have been received as follows: Chico
Friends of the Library, $3,000 for the purchase of books;
and Paradise Eagles Auxiliary, $200 far the purchase of large
type books. ACCEPTED DONATIONS AND AUTHORIZED LETTERS OF
APPRECIATION.
Appointment to Community Action Agency Board of Directors.
APPOINTED PEGGY SCOTT AS THE DISTRICT 1 REPRESENTATIVE TO
SERVE UNTIL DECEMBER 31, 1988.
Appointments to the Justice System Advisory Group. APPOINTED
TOM SHEA AS PUBLIC MEMBER RND JOE VANDERVOORT AS PUBLIC DEFENDER
REPRESENTATIVE, REPLACING FRANCISCO ZARATE.
4. Gary Jacobs - rezone from PA-C (planned area - cluster} to
S-R (suburban residential} far five units and PUD (planned
unit development) for a 20-unit residential development
(proposed mitigated negative declaration regarding environmental
impact) for property located on the east Side of Quista Drive
and the west side of Alamo Avenue, 220 feet south of East
Avenue, identified as AP 42-07-38, Chico. SET HEARING DATE
FOR MAY 20, 1986 AT 11:30 R.M.
5. Butte County Planning Commission - proposed negative declaration
regarding environmental impact, Bidwell Avenue, rezone from
U (unclassified), C-1 (light commercial), R-3 (medium density
residential}, to a zoning compatible with the Chico Area Land
Use Plan {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 85-65G). SET HEARING DATE FOR MAY 20,
1986 AT 2:00 P.M.
6. Frank and Janice Rea1e - appeal of the Planning Commission's
denial of a variance to minimum Tot size to create a .38-acre
and a .96-acre parcel (proposed negative declaration regarding
environmental impact) in a TM-T {timber mountain - one acre
parcel) zone for property located on the north side of Imperial
Way, approximately 250 feet east of Star Pine Court identified
as AP 65-12-55, Paradise Pines. SET HEARING DATE FOR MAY 20,
T986 AT 2:30 P.M.
7. Christopher Seegert - appear of the Planning Commission's
denial of rezone (proposed mitigated negative declaration
regarding environmental impact} from FR-TO {foothill
recreational - 10 acre parcels) to FR-5 (foothill
recreational - five acre parcels) for property located on
the northwest side of 07d Olive Highway, approximately 1/4
mile southwest of Forbestown Road, identified as AP 72-20-01,
OrovilTe area. SET HEARING DATE FOR MAY 20, T986 RT 3:00 P.M.
Page 375 May 6, 1986
8. 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 an
the northeast corner of Clark Road and Hidden Valley Road,
approximately 3/4 mile north of Clear Creek Cemetery Road,
identified as AP 41-41-53, south of Paradise {Fire 86-78).
SET HEARING DATE FOR MAY 20, 1986 AT 3:30 P.M.
9. Fire hydrant fund - resolution increasing the per frontage
foot cast from $1.25 to $1.72. SET HEARING DATE FOR JUNE 3,
1986 AT 11:00 A.M.
10. Report to the Board - Christopher Seegert - proposed mitigated
negative declaration regarding environmental impact and denied
rezone from FR-10 to FR-5 (foothill recreational - 5 acre
parcels) for property located approximately 1000 feet west
of Wyandotte, identified as AP 72-20-01, OraviTle area.
11. Country Commons, Phase II Subdivision (Harold Urness) - the
applicant requests a one-year extension of time to complete
required Improvements, AP 40-24-62, Durham area. AUTHORIZED
ONE-YEAR EXTENSION OF TIME TO COMPLETE REQUIRED TMPROVEMENTS
AND AUTHORIZED THE CHAIRMAN TO SIGN A NEW SUBDIVISION AGREEMENT.
12. Frank Bennett tentative parcel map - the applicant requests
permission to cross one-foot no-access strips at the -west
end and east end of Shorthorn Drive, Keefer Road area,
AP 47-60-06, Chico area. AUTHORIZED CROSSING OF ONE-FOOT
NO-ACCESS STRIPS.
13. Robert E. and Iona J. Wicklund use permit - savings certificate
assignment - a second endorsement receipt for security and
direction to pay earnings on the savings certificate assignment
has been received in the amount of $1,500 for the use permit
on AP 55-51-1. AUTHORIZED THE CHAIRMAN TO SIGN THE SECOND
ENDORSEMENT.
14. Mary B. and Homer S. Mu11in - file a claim in the amount of
$355,000 as the result of the alleged wrongful death of
Floyd Steven MuTiin on December 31, 1985 fallowing release
from the Butte County Jail. REJECTED CLAIM AND REFERRED TO
COUNTY COUNSEL AND RISK MANAGEMENT.
15. Maxim Bach, attorney at law - on behalf of
David and Roanna Stephens, files a claim in the amount of
$3,OOD,00D for alleged injuries and damages incurred as the
result of the death of Scott Curtis Stephens (aka
Scott Curtis Buckland) in a traffic accident on the Skyway
south of Stirling City on January 14, 7986. REJECTED CLAIM
AND REFERRED TO COUNTY COUNSEL AND RISK MANAGEMENT.
Page 376
May 6, T98b
l6. Stephen Rosenberg, attorney at law - on behalf of
Burton and Cathryn Buckland, files a claim in the amount
of $1,000,000 as the result of alleged damages incurred
following the death of Scott C. Buckland in a traffic accident
on the Skyway south of Stirring City on January 14, 7985.
REJECTED CLAIM AND REFERRED TO COUNTY COUNSEL AND RISK
MANAGEMENT.
17. Donna Lee Sturgill, attorney at law - on behalf of
.Kenneth Floyd Clark, submits an amended claim in the amount
of $250,000 as the result of alleged injuries and damages
sustained on August T, 1985 in the vicinity of the intersection
of the Merrimac cutoff road and OroviT7e Quincy Highway.
REJECTED CLAIM AND REFERRED TO COUNTY COUNSEL AND RISK
MANAGEMENT.
18. Steven J. Walwyn, attorney at law - on behalf of
Jack Allen Johnson and Beverly Johnson, files a claim totaling
$15,000,000 as the result of alleged injuries and damages
incurred as a result of a traffic accident on December 31,
1985 on State Route 99 north of Cana Highway. REJECTED CLAIM
AND REFERRED TO COUNTY COUNSEL AND RISK MANAGEMENT.
19. JTPA furniture - the County Purchasing Officer has negotiated
the purchase of modular furniture from the JTPA Program in
the amount of $17,633.24. Budget transfer B-250 has been
prepared to provide the necessary appropriation. AUTHORIZED
PURCHASE OF MODULAR FURNITURE.
20. Mental Health fixed assets - the Psychiatric Hearth Facility
in Chico is in need of replacing a washer and dryer at a
cost of $835. Budget transfer B-256 has been prepared to
provide the necessary appropriation. AUTHORIZED PURCHASE
OF FIXED ASSET5.
21. Document sealing system/Burster imprinter - the Auditor
and Welfare Director request authorization to purchase a
document heat sealing system, including a Burster imprinter
with an integrated loop control for signing and searing welfare
warrants at an initial Gost of $19,x00, including maintenance
agreement. Budget transfer B-258 has been prepared to provide
the necessary appropriation. AUTHORIZED PURCHASE OF FIXED
ASSETS AND AUTHORIZED THE PURCHASING OFFICER TO NEGOTIATE
A TRADE-IN OF THE CURRENT EQUIPMENT OR TO PROPERLY DISPOSE
OF THE PROPERTY.
22. Penalty abatement requests - change of ownership reports.
DENIED PENALTY ABATEMENT REQUESTS AS RECOMMENDED BY THE CHIEF
ADMINISTRATIVE OFFICER AS FOLLOWS: MICHAEL L. FERGUSON,
AP 055-50-0-032-0; MR. & MRS. RICHARD WEBER, AP 051-42-0-004-0;
SYLVIA & CARROLL JORDAN, AP 062-37-0-041-0.
Page 377
May 6, 1986
23. Mental Health audit - the Mental Health Initiative of 1984
transferred the responsibility for audit of the Mental Health
Short-Doyle Program from the state to local agencies. Audits
for the fiscal years 1983-84 and 1984-85 are required to
be completed by June 30, 1986. AWARDED AUDIT TO MATTHEWS,
CRIPPEN AND TENNEY.
24. Underground storage tank permit - waiver request - a request
has been received from the E1 Medio Fire Protection District
requesting a waiver of the local permit fees. ADOPTED A
POLICY POSITION OF NOT WAIVING UNDERGROUND STORAGE TANK PERMIT
FEES FOR OTHER PUBLIC ENTITIES, AS THEY CAN APPLY FOR
REIMBURSEMENT FROM THE STATE DIRECTLY.
25. Transfer of fund balance - the Auditor submits information
recommending the transfer of fund balances in the Lindo Channel
Drainage Trust and Chico-Mud-Sycamore Maintenance District
Trust to County Service Area 24 (Chico-Mud Creek Drainage)
to be available for maintenance in the 1986-$7 fiscal year.
APPROVED RECOMMENDATION.
26. 1986-87 Tax and Revenue Anticipation Notes issuance -
agreements have been prepared for services which are contingent
upon issuance of the notes as follows: financial
management/underwriter services, Ehriich-Bober & Company,
Inc.; band counsel services, Hawkins, DelafieTd & Woad.
APPROVED AGREEMENTS AND AUTHORIZED CHAIRMAN TO SIGN.
27. Maintained mileage within Butte County - in accordance with
Streets and Highways Code §2T 27, a resolution has been prepared
for the county to certify to Caltrans the current maintained
mileage of county roads which this year is 1,378.73 miles.
ADOPTED RESOLUTION $6-54 AND AUTHORIZED THE CHAIRMAN TO SIGN.
28. Resolution supporting the OroviTle Golden Gifts to Education
Awards. ADOPTED RESOLUTION 86-55 AND AUTHORIZED THE CHAIRMAN
TO SIGN.
29. Resolution supporting AS 2759 (flute) - County .Veterans
Service Officers funding. ADOPTED RESOLUTION 86-56 AND
AUTHORIZED THE CHAIRMAN TO SIGN.
3O. Resolution proclaiming May 1986 as Mental Health Month -
action requested - ADOPTED RESOLUTION 86-57 AND AUTHORIZED
THE CHAIRMAN TO SIGN.
31. Rental of Gridley Memorial Hall - cancellation notice -
the Community Action Agency requests that the county forgive
the 30-day notice requirement prior to cancellation of the
rental far the Senior Nutrition Project. WAIVED THE
NOTIFICATION PERIOD.
Page 378
May 6, 1986
32. USDA Summer Food Service Program - the Community Action Agency
is requesting that Butte County act as sponsor in its
application for participation in the Summer Food Service
Program for children, to operate in both Gridley and OroviT7e.
AUTHORIZED THE COMMUNITY ACTION AGENCY AS THE COUNTY'S DESIGNEE
TO SUBMIT THE APPLICATION AND BUDGET DOCUMENTATION, AND
APPROVED CONTINUATION OF THE 1985 FISCAL ARRANGEMENT FOR
HANDLTNG THE FUNDS AND CLAIMS.
33. Amendment No. 1 - Connerly & Associates, Inc. contract -
the amendment provides for no payments during the months
of February or March 1986, but would allow $8,200 per month
for April and May 1986. APPROVED CONTRACT AMENDMENT AND
AUTHORIZED THE CHAIRMAN TO SIGN.
34. Butte Meadows refuse disposal site - property sale - Butte
County presently has a 43/192 interest in a 4.24 acre parcel
in the Butte Meadows area which served as a refuse disposal
site. IN ACCORDANCE WITH THE PROVISIONS OF THE ORIGINAL
AGREEMENT FOR SALE, AUTHORIZED THE CHAIRMAN TO EXECUTE AN
AGREEMENT FOR SALE AND QUTTCLAIM DEED TO RECONVEY 11/192
INTEREST TO THE ORIGINAL SELLER, SIDNEY W. PHILCOX, FOR
$121.45, AND AUTHORIZED REMAINING 32/192 INTEREST TO BE
INCLUDED BY THE COURT REFEREE FOR SALE ALONG WITH ADJACENT
PARCELS AT A PUBLIC SALE, THE FULL VALUE OF SUCH INTEREST
TO BE ESTABLISHED BY THE COURT REFEREE.
35. Amendment No. 1 - apple maggot contract - an amendment has
been prepared to Contract No. 7325 which would provide an
additional $3,575 to service 240 apple maggot traps from
May 1 through June 30, 1985. APPROVED CONTRACT AMENDMENT
AND AUTHORIZED THE CHAIRMAN TO SIGN.
35. Lease agreement - 584 Rio Lindo Avenue - an agreement has
been prepared with Pau] K. and N. Jeannine Forberg for the
lease of 2,750 square feet in the building located at 584
Rio Lindo Avenue which will provide for centralizing the
Mental Health management staff. The lease covers the period
May 1, 1985 through June 30, 1988 at an initial monthly cost
of $1,725. APPROVED AGREEMENT AND AUTHORIZED THE CHAIRMAN
TO SIGN.
37. State Water Project entitlement study - an agreement has
been prepared with the firm of Leedshill-Herkenhoff in the
amount of $77,750 to assess the economic potential of the
county's State Water Project entitlement. The contract ca17s
for the study to commence June 7, 1986 and be completed by
October 1, 1986. APPROVED CONTRACT AND AUTHORIZED THE CHAIRMAN
TO SIGN.
Page 379
May 5, 1986
38. Child abuse vertical prosecution - a grant application has
been prepared to the State Office of Criminal Justice Planning
which will provide for an investigator and deputy district
attorney. ADOPTED RESOLUTION 86-58 AND AUTHORIZED THE CHIEF
ADMINISTRATIVE OFFICER TO SIGN AND SUBMIT A GRANT APPLICATION.
39. Wildlife habitat easement - inclusion of additional acreage
(Chambers, Davis and Meyer, Inc.) - the parties request
inclusion of an additional i00 acres which is contiguous
to the present boundaries of the easement project and Gray
Lodge State Wildlife Area. AUTHORIZED INCLUSION OF 100 ACRES
IN THE WATERFOWL HABITAT EASEMENT PROGRAM AND DIRECTED A
CERTIFIED COPY OF THE MINUTE ORDER AND LETTER BE SENT TO
THE U.S. FISH AND WILDLIFE SERVICE.
40. AB 2905 (Waters) - emergency helicopter service. OPPOSED
AB 2905, UNLESS THE BILL IS AMENDED TO REMOVE COUNTY COSTS.
41. AB 4041 and RB 4042 (Cortese) - state funding of social
services. AUTHORIZED LETTERS OF SUPPORT.
42. Communications.
a. William C. Teie, county fire warden - writes submitting
his resignation as County Fire Warden to be effective May 31,
1986. ACCEPTED RESIGNATION, APPROVED CERTIFICATE OF
APPRECIATION, AND APPOINTED JOHN STEVEN BROWN AS COUNTY FIRE
WARDEN UNDER THE AUTHORITY GRANTED TN GOVERNMENT CODE §24008.
b. WiiTiam J. D'Amato, Chico - submits resignation as
secretary to Butte County Fish and Game Commission. ACCEPTED
RESIGNATION, AUTHORIZED CERTIFICATE OF APPRECIATION, AND
DIRECTED CHIEF ADMINISTRATIVE OFFICER TO SEEK APPLICANTS
FOR THE POSITION.
c. Butte County Farm Bureau - the Pentz-Thermalito Farm
Center and the United Farm Center writes supporting the
reconditioning and paving of Orovi7le-Quincy Highway, between
Mountain House and Bucks Lake. ACCEPTED FOR INFORMATION.
d. Butte County Mental Health Advisory Board - Matt Jackson,
chairman, writes forwarding information concerning development
of a 30-bed residential treatment facility for adolescents.
AUTHORIZED SUPPORT.
e. City of Chico - Fred Davis, city manager, forwards
information concerning the environmental impact report for
the North Valley prezone. ACCEPTED FOR INFORMATION.
Page 380
May 6, 1986
42. Communications. (Cont'd)
f. State Department of Housing and Community Development -
submits its report of the findings and recommendations
regarding monitoring visit No. 2 for CDBG Grant
No. 82-STBG-003. REFERRED TO PUBLIC WORKS AND CONNERLY &
ASSOCIATES FORA REPORT RND RECOMMENDATION.
g. State Department of Fish and Game - writes forwarding
their analysis of the proposed Ophir Road Extension Project
determining that the project could cause a significant adverse
impact on wetland habitat. REFERRED TO PUBLIC WORKS DIRECTOR
FORA REPORT.
h. Governor's Office - Huston T. Carlyle, Jr., writes in
response to the county's letter with regard to funding problems
facing local governments. ACCEPTED FOR INFORMATION.
i. Governor's Office of Emergency Services - forwards the
Governor's proclamation to the existence of a state of
emergency in the County of Butte as a result of heavy rains,
high winds, flooding and mud slides beginning on February 12,
1986. ACCEPTED FOR INFORMATION.
j. William H. Johnson, et al, Oroville - a petition has
been received signed by several persons requesting expansion
of the number of street lights within County Service Area 17
and an extension of service to a greater area. REFERRED
TO DIRECTOR OF PUBLIC WORKS TO WORK WITH PGandE TO BRING
FORTH A REPORT AND RECOMMENDATION TO THE BOARD.
Motion: APPROVED CONSENT AGENDA.
S l
Vote: l Y 2 Y 3 Y 4 AB 5 Y (Motion carried)
Regular Agenda
86-245
Approval of minutes of April 15, 1986 and April 22, 1986.
{CHAIRMAN McLAUGHLIN PRESENT AT THIS TIME.)
Motion: APPROVED MINUTES OF APRIL 22, 1986. APPROVED MINUTES
OF APRIL 15, 19$6 AMENDING MINUTE ORDER 86-232 TO REFLECT
THAT SUPERVISOR McINTURF VOTED "NO" AND SUPERVISOR
McLAUGHLIN VOTED "YES."
M S
Vote : l Y 2 Y 3 Y 4 Y
Page 38l
5 Y (Unanimously carried)
May 6, 1986
86-246 PRESENTATION OF RESOLUTION 86-55, SUPPORTING OROVILLE GOLDEN GIFTS
(123} TO EDUCATION AWARDS, MADE TO ROD RITCHIE AT THIS TIME.
Closed Session: The Board recessed at 9:12 a.m. for a closed
session on meet and confer.
Reconvene: The Board reconvened at 9:45 a.m. (NO ANNOUNCEMENTS.}
(SUPERVISOR FULTON ABSENT AT THIS TIME.)
86-247 Additional items:
(206)
1. Allison DeFrance - proposed mitigated negative declaration
regarding environmental impact and rezone from U (unclassified)
to FR-2 {foothill recreational - two acre parcels) for property
located on the east side of Ermarle Lane, approximately 600 feet
south of Bald Rock Road, identified as AP 62-63-94, Berry
Creek area (File 86-22).
2. CPS legal services - an agreement has been prepared with
Gene Michael Gordon, attorney at Taw, to provide legal services
to the Welfare CPS Unit. The agreement is in the amount of
$60,000 for a one year period commencing April l5, 1986, subject
to 90 days cancellation.
Motion: SET PUBLIC HEARING DATE FOR De FRANCE APPEAL FOR JUNE 3,
7986 AT 11:30 A.M. APPROVED CPS LEGAL SERVICES AGREEMENT
RND AUTHORIZED THE CHAIRMAN TO SIGN.
S M
Vote: T Y 2 Y 3 Y 4 Y 5 AB {Motion carried)
(SUPERVISOR FULTON PRESENT AT THIS TIME.)
Regular Agenda
86-248 Budget transfers.
{223}
Motion: APPROVED BUDGET TRANSFERS B-213, B-235, B-240, B-244,
B--248, B-250, B-252, B-253, B-256, B-257, 8-258, B-259,
B-260, B-261, B-262, B-263, B-264 AND B-265.
M 5
Vote: 7 Y 2 Y 3 N 4 Y 5 Y (Motion carried)
86-249 Discussion with representative of the Butte County Farm Bureau
(572} and Department of Public Works concerning flooding problems in
Butte County. (from 4/1/86)
Page 382
May 6, 7986
$6-249 Motion: ASKED MR. CHEFF TO BRING A PLAN TO THE BOARD FOR MAPPING
(Cont'd} THOSE KNOWN AREAS AND HOW MUCH THAT WOULD TAKE OF HIS
RESOURCES, OR WHAT ADDITIONAL RESOURCES IT WOULD TAKE.
SUPERVISOR DOLAN DESIGNATED TO WORK WITH MR. CHEFF.
S M
Vote: i Y 2 Y 3 Y 4 Y 5 Y {Unanimously carried)
(AT THIS TIME CHAIRMAN McLAUGHLIN VACATED THE CHAIR BECAUSE OF
A POSSIBLE CONFLICT OF INTEREST.}
86-250 Request to correct levy of delinquent taxes - C. William Johnson
(I405) {Tax Bi17 09728-0 and 09729-0}. (from 4/15/86) (NO ACTION TAKEN.)
Recess: 10:34 a.m.
Reconvene: 70;45 a.m.
(CHAIRMAN McLAUGHLIN PRESENT AT THIS TIME.}
86-253. Report to the Board - proposed Plateau Park Assessment District.
(1690 (from 4/1/86}
Motion: APPROVED RECOMMENDRTTDNS OF THE ASSESSMENT DISTRICT REVIEW
COMMITTEE AS LISTED IN LETTER TO BOARD DATED APRIL 28,
1986.
M S
Vote: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
86-252 Consideration of resolutions to recognize Butte County in the
(2245} Plumas and Tahoe National Forest Ecosystem. (Supervisor Wheeler)
~~
00 Motion: ADOPTED RESOLUTIONS 86-59 AND 86-60 AS SUBMITTED,
ELIMINATING ITEMS "2" AND EF3 li
M S
Vote: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
(SUPERVISOR WHEELER ABSENT AT THIS TIME.}
Public Hearings and Timed Items
86-253 Edward Jasper - abandonment of a three foot public utility easement,
(497} Lot l5, Meadow Estates Unit No. 3, AP 43-41-15.
Motion; ADOPTED RESOLUTION 86-67, APPROVING ABANDONMENT.
M S
Vote: 7 Y 2 Y 3 AB 4 Y 5 Y (Motion carried}
Page 383
May 6, 1986
86-254 Butte County Planning Commission - Bidwell Avenue - proposed
(527) 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 Plan {R-l, R-2, R-SR or S-R} on property located on the north
side of Bidwell Avenue, between Oak Lawn Avenue and Nord Avenue,
Chico (File 85-65B).
Motion: FOUND THAT THE REQUTREMENTS OF CEQA HAVE BEEN COMPLETED
AND CONSIDERED RND ADOPTED A NEGATIVE DECLARATION REGARDING
ENVIRONMENTAL IMPACT. FOUND THAT THE PROPOSED REZONE
COMPLIES WITH THE CHICO AREA LAND USE PLAN AND OTHER
ELEMENTS OF THE BUTTE COUNTY GENERAL PLAN. ADOPTED
ORDINANCE 2523 REZONING AREAS 1-4 TO R-l, AREA $ TO R-2,
AREA 9 TO R-l, AREA TO TO SR-l, AND AREA 11 TD R-3.
M S
Vote: l Y 2 Y 3 AB 4 Y 5 Y (Motion carried)
Regular Agenda
86-255 Resolution opposing the City of Chico proposed annexation of the
{570} West Eighth Avenue Annexation District No. 3.
Motion: ADOPTED RESOLUTION 86-62 AND AUTHORIZED THE CHAIRMAN
TO SIGN.
M S
Vote: l Y 2 Y 3 AB 4 Y 5 Y {Motion carried)
86-256 DiSCUSSiOn of T986-$7 proposed road and bridge projects.
(582)
Motion: GAVE PRELIMINARY APPROVAL OF PROPOSED 7986-87 ROAD AND
BRIDGE CONSTRUCTION PROGRAM, SUBJECT TO FINAL BUDGET
REVIEW AND AVAILABILITY OF FUNDS, AND AUTHORIZATION TO
BEGIN PLANNING AND ENGINEERING OF THE PROJECTS.
S M
Vote: T Y 2 Y 3 AB 4 Y 5 Y (Motion carried}
86-257 Consideration of ordinance regulating on-street parking of vehicles.
(from 3/18/86} {CONTTNUED TO JUNE 17, l9$6,)
(SUPERVT50R WHEELER PRESENT AT THIS TIME.)
86-258 Report to the Board regarding appointments to the Durham Irrigation
(644) District, insurance problems and continuing operations. {CONTINUED
TO MAY 20, 7986.)
Page 384
May 6, 1986
86-259 Consideration of ordinance restricting the sale and use of fireworks
(902) in Butte County. (Supervisor Wheeler)
Motion: TO NAIVE FIRST READING OF ORDINANCE, EXHIBIT "B."
S M
Vote: T 2 3 4 5
Amendment to motion: TO SUBSTITUTE EXHIBIT "A" FOR EXHIBIT "B "
S M
Vote on amendment: l Y 2 Y 3 Y 4 N 5 Y (Motion carried)
Amended motion: MADE MOTION OF INTENT TO ADOPT ORDINANCE, EXHIBIT
..A ~~
S M
Vote: l Y 2 Y 3 Y 4 N 5 Y (Motion carried}
Recess: 12:08 pm.
Reconvene: 1:32 p.m.
Public Hearin and limed Items
86-260 Recognition of persons wishing to speak.
(1496)
1. Robert Bremer - chided Board for library conditions.
2. Sheriff Brooks - presented latest member of canine unit "Fred,"
and requested he be accepted by Board.
Motion: ACCEPTED CANINE, SUBJECT TO FINALIZING CONTRACT.
M S
Uote: l Y 2 Y 3 Y 4 Y 5 Y (unanimously carried)
Regular Agenda
86-261 Discussion of Nitrate Action Plan. (Supervisor Doran)
(1781)
Motion: DIRECTED STAFF TO INFORM REGIONAL WATER QUALITY CONTROL
BOARD THAT THE BOARD VIEWS IMPLEMENTATION OF THE PROVISIONS
OF THE NITRATE ACTION PLAN ALONG THE PRIORITIES LISTED
T, 2 AND 3 ON LETTER FROM SUPERVISOR DOLAN DATED APRIL 29,
1986, AND NO. 4: TO HAVE STAFF RECOMMEND TO US AMENDMENTS
TO THE PLAN TO REFLECT CURRENT INFORMATION, PARTICULARLY
REGARDING THE DATES AND TIME LINES, AND ALSO BOARD POLICY
REGARDING NOT PURSUING AN URBAN RREA-WIDE A55ESSMENT
DISTRICT.
Page 385
May 6, 1986
86- 261
{Cont'd} M S
Vote: T NV 2 Y 3 N 4 Y 5 Y (Motion carried)
86-262 Joint meeting of Board ofi Supervisors and Planning Commission.
(2378 )
Motion: CONFIRMED TENTATIVE ACTION OF THE BOARD ON APRIL 22 TO
SET THE MEETING DATE FOR MAY 27, 1986 AT 9:00 A.M.
M S
Vote: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
86-263 Distressed Counties Conference, May 30, Modesto. (DESIGNATED
SUPERVISOR WHEELER AS REPRESENTATIVE, AND SUPERVI50R McINTURF,
ALTERNATE, TO ATTEND CONFERENCE.)
Closed Hearings
86-264 A. Dees, et aT - appeal of the Advisory Agency's approval of
(2551} Tat 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 fleet south of Feather
Avenue, Thermalito area.
Motion: FOUND THAT THIS PROJECT COULD HAVE A STGNIFICANT EFFECT
ON THE ENVIRONMENT BUT WILL NOT HAVE, PROVIDING THE BELOW
LISTED MITIGATING MEASURE IS ADOPTED FOR THIS PROJECT.
ADOPTED A MITIGATED NEGATIVE DECLARATION OF £NVIROMENTRL
IMPACT FOR THE TRL DENNY PARCEL MAP TO CREATE FOUR PARCELS
ON AP 30-16-21. FOUND THAT THE PROJECT IS IN CONFORMITY
WITH THE BUTTE COUNTY GENERAL PLAN AND ZONING. DENIED
APPEAL OF THE ADVISORY AGENCY'S APPROVAL OF THE MAP,
AND APPROVED TENTATTUE PARCEL MAP FOR TAL DENNY ON
AP 30-T6-21. APPROVAL IS SUBJECT TO CONDITIONS 1, 3,
4 THROUGH 71, 13, 14, T5 AND 16 AS NOTED ON MEMO DATED
MARCH 78, 1986 FROM DEPARTMENT OF PUBLTC WORKS, LAND
DEVELOPMENT SECTION, TO THE BOARD OF SUPERVISORS.
MITIGATION MEASURE: ACCESS ROAD FOR THIS PROJECT WILL
BE CONSTRUCTED AS PER ATTACHED TYPICAL SECTION. THE
ACCESS ROADS ARE MIDDLEHOFF LANE FROM THE END TO EXISTING
PAVEMENT AT ITS NORTH END OF THE PROJECT ROAD. PROJECT
ROAD AND 7TH STREET FROM THE PROJECT ROAD TO THE EXISTING
PAVEMENT AT THE SOUTH END OF 7TH STREET.
M S
Vote: 1 Y 2 Y 3 Y 4 Y 5 Y {Unanimously carried}
Page 386
May 6, 1986
Public Hearings and Timed Items
86-265 Continued hearing - Harold and Shirley Stepp - appeal the Planning
(2678) Commission's denial of rezone (proposed negative declaration
regarding environmental impact) from TM-5 {timber mountain -
five acre parcels) to TM-1 (timber mountain - one acre parcels}
for property located at the northeast corner of Nopel Drive and
Cody Lane, 1/4 mile south of Highway 32, identified as AP 63-09-17,
Forest Ranch. (from 4/1/86} (CONTINUED TO JUNE 3, 1986 AT
11:45 A.M.)
Closed Hearings
86-266 Closed hearing - Butte County Planning Commission proposed negative
(2772} declaration regarding environmental impact and rezone from R-4
(maximum density residential restricted service) and S-R (suburban
residential) to either C-1 (light commercial}, C-2 (general
commercial}, C-C (community commercial}, N-C (neighborhood
commercial} or H-C (highway commercial} for property having frontage
on East Avenue located east of Cohasset Road and west of Ceres
Avenue, Chico (File 84-70 8&D). (from 4/1/86) (CONTINUED TO
JUNE 3, T986.)
86-267 Closed hearing
(2884) of land use ~
Committee (File
Motion: WAIVED
Vote: 7 Y
- Butte County
~7anning policies
83-84A). (from 4/
THE FIRST READING
S M
2Y 3Y 4Y
Planning Commission development
far the Cohasset Planning Area
15/86)
OF THE ORDINANCE.
5 Y (Unanimously carried)
Recess: 2:08 p.m.
Reconvene: 2.14 p.m.
86-268 Drake/Isom - appear of a denied rezone {item on which a supplement
(2997) to a previously certified environmental impact report is being
used) from U {unclassified) and S-H (scenic highway) to R-C
(resource conservation) and either A-R (agricultural residential},
A-SR (agricultural - suburban residential), SR-1/2 {suburban
residential- 1/2 acre parcels) or FR-1/2 (foothill recreational -
1/2 acre parcels) on property located on the east side of Humboldt
Road, five miles northeast from Highway 99E, identified as
AP 46-35-04, 23; 46-71-17, 18 (portion}, Chico (File 83-50}.
(from 3/18/86}
Page 387
May 6, T986
$6-268 Motion: MAKE A MOTION OF INTENT, NOTING THAT THE MAKER OF THE
(Cont'd) MOTION IS GOING TO WORK WITH STAFF TO FINALIZE AND BRING
FORWARD TO THE BOARD THE FINAL MOTION. NOTE THAT THE
PREVIOUSLY CERTIFIED EIR AND SUPPLEMENT TD THE FINAL
EIR FOR CANYON PARK ESTATES HAS BEEN CONSIDERED IN MAKING
THIS DECISION. FIND THAT THE PROJECT CONFORMS WITH THE
SPECIFIC PLAN ADOPTED BY THE BOARD OF SUPERVISORS ON
APRIL 13, 19$2, RESOLUTION 82-63. FIND THAT THE PROJECT
WILL NOT HAVE A SIGNIFICANT EFFECT ON THE ENVIRONMENT
AND RECOMMEND THAT THE BOARD OF SUPERVISORS ADOPT AN
ORDINANCE REZONING THE PROPERTY FROM A-2 AND S-H TO S-R
AND R-C AS SHOWN ON THE EXHIBIT FOR AP 46-35-04 AND 23
46-7T-T7 AND 18 FOR JOHN DRAKE AND HOWARD ISOM.
~** M
000 Vote: 1 2 3 4 5
(MOTION WITHDRAWN.)
Motion: I WOULD MOVE THAT THIS PROJECT BE SENT BACK TO STAFF
TO COMPLETE THE SUPPLEMENTAL EIR IN ACCORDANCE WITH
CALIFORNIA STATE LAW AND THAT IT BE BROUGHT BACK TO OUR
MEETING OF JUNE 3.
M
Uote: 1 2 3 4 5
(MOTION DIED FOR LACK OF A SECOND}
(SUPERVISOR WHEELER REQUESTED PLANNING DIRECTOR TO IMMEDIATELY
ADDRESS THE SUPPLEMENTAL EIR AS IS REQUIRED BY CALIFORNIA STATE
LAW, AND BRING A PACKAGE SACK TO THIS BOARD ON JUNE 3, 1986)
Public Hearings and Timed Items
86-269 GDA Engineering - on behalf of Ray Dahlgren, appeal the Advisory
Agency's denial of a tentative parcel map (proposed mitigated
negative declaration regarding environmental impact), AP 41-25-85,
three parcels, property located at the northeast corner of Cherokee
Road and Derrick Road intersection, Cherokee area.
(SUPERVISOR WHEELER ABSENT AT THIS TIME.}
Motion: P"BADE MOTION OF INTENT TO UPHOLD APPEAL PENDING CORRECT
FINDINGS PROPERLY WORDED BY STAFF, INCLUDING PUBLIC WORKS
CONDITIONS 1 - 5, ENVIRONMENTAL HEALTH CONDITIONS 7-10,
OMITTING PLANNING DEPARTMENT CONDITION N0. T1, AND
MITIGATION MEASURES 1-3 ON MEMORANDUM DATED -APRIL l6,
1986.
M S
Vote: l Y 2 N 3 AB 4 Y 5 Y (Motion carried}
Page 388
May 6, 1986
(SUPERVISOR WHEELER PRESENT AT THIS TIME.)
86-270 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. (CHAIRMAN RESET PUBLIC
HEARING FOR MAY 20, 1986 AT 11:00 A.M.}
Closed session: The Board recessed at 2:47 p.m. far a closed
session on potential litigation regarding the
North Valley Mall, the equity lawsuit and potential
litigation regarding Mental Health insurance
claim.
Reconvene: The Board reconvened at 3:43 p.m. {NO ANNOUNCEMENTS.)
86-27T Ron Graves and Associates - on behalf of E17is Foster, appeal
(909} the Advisory Agency`s denial of tentative subdivision map (proposed
mitigated negative declaration regarding environmental impact},
AP 58-17-78 and AP 58-20-05, 12 parcels, property located on the
west side of Highway 70 at Ponderosa Way and Deadwood Road, Concow
area.
Motion: MADE A MOTION OF INTENT TO UPHOLD THIS APPEAL AND REFER
TO STAFF TO BRING BACK FINDINGS, INCLUDING PUBLIC WORKS
CONDITIONS 1-9; ENVIRONMENTAL HEALTH CONDITIONS 10-14
AND MITIGATION MEASURES 1 AND 2, LISTED ON MEMO OF
~'~PRIL 22, 1986.
S M
Vote: l Y 2 Y 3 Y 4 Y 5 Y {Unanimously carried}
86-272 1986-87 County Justice System Subvention Program application.
(1315)
Motion: ADOPTED RESOLUTION 86-63 APPROVING APPLICATION.
M S
Vote: 7 Y 2 Y 3 Y 4 Y 5 Y {Unanimously carried)
86-273 Additional items from Board members:
1. Supervisor Dolan requested a resolution declaring next Saturday
as Endangered Species Day.
Motion: ADOPTED RESOLUTION 86-64.
M S
Vote: 1 Y 2 Y 3 Y 4 Y
Page 389
5 Y (Unanimously carried)
May 6, 1986
8fi- 27 3
(Cont`d) 2. Supervisor Wheeler requested a letter opposing the current
T.V. ads regarding the Deep Pocket initiative.
Motion: AUTHORIZED LETTER TO FPPC, WITH CHAIRMRN`S SIGNATURE,
DEMANDING AN INVESTIGATION AND ALSO A LETTER TO THE STATE
ATTORNEY GENERAL ADMONISHING HIM FOR HIS ACTIVITY IN
THIS PARTICULAR AREA.
S M
Vote: T Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
Adjournment: There being nothing further before the Board at
this time, the meeting was adjourned at 4:08 p.m.
'~~C
Chairman, Board o Supervisors
ATTEST: MARTIN J. NiCHOLS
Chief Administrative Officer and
Clerk of the Board
By:
Page 390
May 6, 7986