HomeMy WebLinkAboutM052086May 20, 1986
Ca11 to order - Board of Supervisors room, County Administration
Building, 25 County Center Drive, Droville. Present: Supervisors
Dolan, Fulton, McInturf, Wheeler and Chairman McLaughlin;
Martin J. Nichols, chief 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.
85-273 Additional items from Board members to be addressed at the end
of the day.
1. Supervisor Dolan - letters of appreciation to two bus drivers.
2. Chairman McLaughlin - letter of appreciation to Senator Nielsen
for his efforts for SB 7917; discussion regarding North Valley
Plaza.
85-274 Items removed from the Consent Agenda for Board consideration
and action.
1. Inventory of county property - request fior relief from
accountability - in accordance with the provisions of the
Goverment Code, a17 inventory items which have been lost,
damaged, destroyed or otherwise not under the physical control
of departments have been reviewed by individual departments
and the Auditor.
2. Consideration of ordinance restricting the sale and use of
fireworks in Butte County.
Page 397
86-275
Consent Agenda
1. Approval of minutes of May 6, 1986. APPROVED MINUTES.
Budget transfers. APPROVED BUDGET TRANSFERS B-267, B-268,
B-27i, B-273, B-274, B-275, B-277, B-278 AND B-279.
Butte County Library donation -- in accordance with Government
Cade §25355, donations have been received as follows:
Association of Family Day Care Providers, $175 for the purchase
of books; Izella McGie, $200 far the purchase of books; and
Chico Friends of the Butte County Library, $350 for the purchase
of books and computer software. ACCEPTED DONATIONS AND
AUTHORIZED LETTERS OF APPRECIATION.
4. Appointment to the Jobs Training Partnership Act - Private
Industry Council. APPOINTED DICK RYAN TO REPLACE WAYNE HALL
TO SERVE UNTIL JUNE 1.4, 1989.
5. Gary Jacobs - proposed mitigated negative declaration regarding
environmental impact and tentative subdivision map for property
Tocated 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 (File 86-46A). SET HEARING DATE FOR
JUNE 3, T986 AT 2:00 P.M.
6. Richard Peters - proposed mitigated negative declaration and
rezone from U (unclassified) to M-2 (heavy industrial) for
property located an the west side of the Skyway opposite the
intersection of Humbug Road, identified as AP 40-02-87,
T1-05-69, Chico. SET HEARING DATE FOR JUNE 3, 1986 AT 2:30 P.M.
7. Richard M. Camaren, et al - rezone from U (unclassified) to
AR-2-1/2 (agricultural residential - 2-1/2 acre parcels)
{proposed negative declaration regarding environmental impact)
property located on the south side of Keefer Road and on the
west side of Cahasset Road, identified as AP 47-23-109, 110,
112 and 1i7 through 121, north of Chico. SET HEARING DATE
FOR JUNE 3, 1986 AT 3:00 P.M.
8. Final map - Copley Acres Unit III, Phase T - the developer
has provided Tetters of credit to guarantee construction of
improvements an the 27-lot subdivision, AP 36-54-18, located
on the north end of Melrose Drive. Required as a part of
the approval of this subdivision map is a resolution for the
summary abandonment of a portion of Hunter Drive and Crane
Avenue, previously deeded as a part of Copley Acres Unit II,
Phase T. Since these roads have not yet been constructed,
they will be realigned and dedicated in fee simple on the
Copley Acres Unit III Map. APPROVED THE FINAL MAP; ACCEPTED
EASEMENTS AS GRANTED IN THE OWNER'S CERTICATE ON BEHALF OF
THE PUBLIC; ADOPTED RE50LUTI0N 86--65 FOR SUMMARY ABANDONMENT
OF HUNTER DRIVE AND CRANE AVENUE EASEMENT AND AUTHORIZED THE
CHAIRMAN TO SIGN; ACCEPTED GRANT IN FEE SIMPLE FOR MELROSE
DRIVE, PARSON LANE, CRANE AVENUE, HART DRIVE, HUNTER DRIVE
AND ONE-FOOT NO-ACCESS STRIPS AS OFFERED IN THE OWNER`S
CERTIFICATE; AND AUTHORIZED THE CHAIRMAN TO SIGN THE SUBDIVISION
AGREEMENT.
Page 392
May 20, 1986
86- 27 5
(Cont'd} 9. Brant J. Bordsen, attorney at law - on behalf of Starkey
Ranch and Voda Starkey, fires a claim for indemnity in Civil
Action No. 88303 and entitled "Sylvia Saadati and Alice Muri,
plaintiffs, v Starkey Ranch, et a7." REJECTED CLAIM AND
REFERRED TO COUNTY COUNSEL AND RISK MANAGEMENT.
10. Brant J. Bordsen, attorney at Taw -- on behalf of Starkey
Ranch, Inc., files a c7 aim for indemnity in Civil Action
lio. 87695 and entitled "Janes M. White, crass-complainant,
v Laurie A. Isle, Kenneth E. Nash, Emkay, Inc., Carr Starkey,
Starkey Ranch, et aT." REJECTED CLAIM AND REFERRED TO COUNTY
COUNSEL AND RISK MANAGEMENT.
11. Brant J. Bordsen, attorney at law - on behalf of Starkey
Ranch and Yoda Starkey, files a claim for indemnity in Civil
Action No. 89114 and entitled "Barbara Ray, plaintiff, v
Starkey Ranch, et al." REJECTED CLAIM AND REFERRED TO COUNTY
COUNSEL AND RISK MANAGEMENT.
12. Acceptance of fixed assets - ~felfare Department - the Welfare
Director requests that the county accept donations from
employees and authorize the issuance of asset numbers on
the following items: refrigerator/freezer, coffee urn, dinette
table and chairs, and microwave oven. ACCEPTED ITEMS AND
AUTHORIZED ISSUANCE OF ASSET NUMBERS.
13. Chico Substation -~ replacement of equipment - the Sheriff
requests the replacement of fixed assets and controllable
items which were damaged as a result of a motorhome running
into the Sheriff Substation, including: color TV monitor,
$450; conference table, $500; desk, $350; two typewriters,
$300; two desk chairs, $400; three venetian blind window
covers, $225; and four conference table chairs, $600.
AUTHORIZED ACQUISITION OF ITEMS WITH FUNDING TO COME FROM
ANTICIPATED INSURANCE SETTLEMENT.
I4. DeSabla Volunteer Firefighters, Inc. - return of fire
equipment - the association requests the Board to return
ownership of four vehicles, county equipment Nos. 847, 848,
850 and 849 as they have been able to obtain liability
insurance. RETURNED OWNERSHIP OF FIRE VEHICLES TO DeSRBLA
AND AUTHORIZED BUTTE COUNTY FIRE DEPARTMENT AND PURCHASING
AGENT TO RETURN OWNERSHIP OF CERTIFICATES.
15. Proposition 4 appropriations limit calculations for 1886-87 -
the Auditor submits information relating to the Proposition 4
limitations far County of Butte and special districts under
the control of the Board of Supervisors. ACKNOWLEDGED RECEIPT
OF CALCULATIONS, DIRECTED THAT COPIES BE PROVIDED TO THE
COUNTY LIBRARY, DIRECTED THE AUDITOR TO PREPARE A RESOLUTION
FOR ADOPTION ON JUNE T7, 1986 - THE 1986-87 APPROPRIATIONS
LIMITS, TOGETHER WITH ANY COMMENTS RECEIVED THEREON.
Page 393
May 20, 1986
86-275
{Cant'd} 16. Chico Municipal Court - request far relief from
accountability - the clerk of the court requests relief
from accountability for 69 criminal accounts receivable
totaling $25,315.50 and 23 traffic accounts receivable totaling
$1,986.50. AUTHORIZED RELIEF FROM ACCOUNTABILITY AS
RECOMMENDED.
17. investments information report - the Treasurer submits the
April 30, 1986 report, together with comments, in accordance
with AB 1073 and the county's investment policy, ACCEPTED
FOR INFORMATION.
18. Monitoring Yisit No. 2 - CDBG Grant No. 82-STBG-003 - the
Public Works Director and consultant have developed a response
to the findings and recommendations contained in the recent
monitoring letter from the State Department of Housing and
Community Development. ACCEPTED FOR INFORMATION.
19. Program Supplement No. 43 - Master Agreement No. 03-5912
(federal projects) - Program Supplement No. 43 covers funding
far the Oroville-Chico Highway Bridge at Butte Creek, Bridge
Replacement Project No. BRSOS-007(18} as follows: federal
funding, $929,600; county matching funds, $232,400; total,
$1,162,000. The county's matching share is included in the
1985-86 Public Works budget. ADOPTED RESOLUTION 86-66
AUTHORIZING EXECUTION OF PROGRAM SUPPLEMENT NO. 43 AND
AUTHORIZED THE CHAIRMAN TO SIGN.
20. Approval of plans and specifications - Oroviile-Cfiico Higfiway
Bridge at Butte Creek, Bridge Replacement Project
No. BRSOS-007(!8) - plans and specifications have been
completed for the budgeted project. APPROVED PLANS ANO
SPECTFICATIONS; AUTHORIZED THE GHATRMRN RND DIRECTOR OF PUBLIC
WORKS TO SIGN THE PLANS; ADOPTED THE WAGE SCALE; AND SET
THE BID OPENING FOR JUNE 12, 1986 AT 11:00 A.M. IN THE PUBLIC
WORKS OFFICE.
21. Salary ordinance amendment - a salary ordinance has been
prepared to implement several technical classification changes
recommended by the Personnel Department and adding one new
social worker position to coordinate the General Rssistance
Work Program. WAIVED THE FIRST READING OF THE ORDINANCE.
22. General Assistance Recipient Work Program agreement - a
master agreement has been prepared for use in assigning General
Assistance recipients to outside governmental agencies for
the required work project opportunities. APPROVED MASTER
AGREEMENT DESIGNATING THE WELFARE DIRECTOR OR HIS
REPRESENTATIVE TO ENTER INTO AGREEMENTS ON BEHALF OF THE
COUNTY.
Page 394
May 20, 7986
86- 27 5
(Cont`d}
23. Mental Health medical professional liability insurance -
an agreement has been prepared with the Butte County
Independent Insurance Agents Association providing indemnity
for Butte County and securing the insurance cave ring the
period May 23, 1985 through June 29, T986 in the amount of
$25,650.95. APPROUED AGREEMENT AND AUTHORIZED THE CHAIRMAN
TO SIGN.
24. Amendment 4 - County Jaii Capital Expenditure Bond Act &rant -
the amendment reduces the county`s participation from $770,757
to $688,927 reflecting ineligible grant charges for bid
alternate No. 1, and amends the commencement date of the
grant to January 1, 1984. APPROVED AMENDMENT AND AUTHORIZED
THE CHATRMAN TO STGN.
25. parent Education Network contract amendment - an amendment
has been prepared to contract No. 15OO6 85/86 increasing
the contract from $79,850 to $85,663 covering the period
July 1, 1985 through June 30, 1986. The contract is for
the purpose of preventing neglect/abuse of children in high
stress families through in--home intervention services.
APPROVED CONTRACT AMENDMENT AND AUTHORIZED THE CHAIRMAN TO
SIGN.
26. Agricultural Commissioner - various agreements - six standard
agreements have been prepared between the county and State
Department of Food and Agriculture relating to on-going
services performed by the Agricultural Commissioner which
are for the 1986-87 fiscal year:
Contract No. Subject Amount
8003 Agricultural Commissioner`s Salary $ 6,600.00
8063 Nursery Stocfc Inspection 3,110.00
8137 Pesticide Permit Enforcement 33,100.00
8192 Insect Trapping 81,438.00
8376 Egg Inspection 1,972.74
8434 Apiary Inspection Performance 500.00
APPROVED AGREEMENTS AND AUTHORIZED THE CHAIRMAN TO SIGN.
27. 1986-87 Victim Witness Program - an application has been
prepared to the State Office of Criminal Justice Planning
in the amount of $81,600 covering operation of the Victim
Witness Program far the period July 1, 1986 through June 30,
1987. ADOPTED RES0LI11•I0N 86-67 DESIGNATTNG THE CHIEF PROBATION
OFFICER AS THE AUTHORIZED OFFICIAL TO SUBMIT THE APPLICATION
ON BEHALF OF THE COUNTY.
Page 395
May 20, 1986
86- 27 5
(Cont'd) 28. 0rovi77e Hospital contract - an agreement has been prepared
with OrovilTe Hospital to provide emergency room and ambulance
services for the Menta] Health Program in the amount of $22,500
covering the period July 1, 1985 through dune 30, 1986.
APPROVED AGREEMENT RND AUTHORIZED THE CHAIRMAN TO SIGN.
29. Law enforcement contract - II.S. Forest Service - an agreement
has been prepared between the County of Butte and U.S. Forest
Service, Plumas National Forest, covering eradication of
marijuana on Forest Service lands, covering the period April 7
through September 30, 1986 in the amount of $45,000. APPROVED
AGREEMENT AND AUTHORIZED THE CHAIRMAN TO SIGN, SUBJECT TO
REVIEW BY COUNTY COUNSEL AND THE AUDITOR.
30. AB 3075 (Farr} - transaction and use tax. AUTHORIZED LETTERS
OF SUPPORT.
31. AS 3174 (Waters) - redevelopment: tax increment proceeds.
AUTHORIZED LETTERS OF SUPPORT.
32. Safety Committee annual report -- the County Safety Committee
submits its first annual report and makes recommendations
for improving employee work safety. APPROVED RECOMMENDATIONS
RS SUBMITTED.
33. Health Plan Review Committee annual report - the Health Plan
Review Committee submits its annual report on the status
of the employee health plan and makes recommendations.
APPROVED RECOMMENDATIONS AS SUBMITTED.
34. Communications.
a. Willie H. ~ahnson, et al, Oroville - a petition containing
92 signatures has been received requesting that the county
work to install curbs, gutters and sidewalks on Various
streets within the E7 Medio area. AUTHORIZED LETTER
INDICATING THAT THIS IS AN INELIGIBLE ACTIVITY USING
COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS.
Motion: APPROVED CONSENT AGENDA.
M S
Vote: l Y 2 Y 4 Y 4 Y
Page 396
5 Y (Unanimous1y carried)
May 20, 1986
Re~ guar Agenda
96-276
{66) Inventory of county property - request for relief from accounta-
bility - in accordance. with the provisions of the Government
Gode, all inventory items which have been lost, damaged, destroyed
or otherwise not under the physical control of departments have
been reviewed by individual departments and the Auditor.
Motion: REFERRED TO DISTRICT ATTORNEY FOR INVESTIGATION.
M 5
Vote: l Y 2 Y 3 Y 4 Y 5 Y {Unanimously carried)
86- 277
{134) Consideration of ordinance restricting the sale and use of fireworks
in Butte County.
Motion: WAIVED THE FIRST READING OF THE ORDINANCE.
M S
Vote: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
86-278 Additional items from Board members:
1. Chairman McLaughlin - consolidation of Biggs-Gridley Court.
(TO BE DISCUSSED AT THE END OF THE DAY.)
86-279 Introduction of Steve Brown, county fine warden. {RESOLUTION
OF APPRECIATION PRESENTED TO OUTGOING FIRE WARDEN BILL TEIE, WHO
THEN INTRODUCED STEVE BROWN. CERTIFICATE PRESENTED TO BILL TEIE
BY AUDITOR JIM JOHANSEN ON BEHALF OF THE MANAGEMENT COUNCIL.)
$6-280
{485) Report from Chief Administrative Officer on impact of
Proposition 51. (REPORT RECEIVED. NO ACTION TAKEN.)
86-281
(654) Report from Director of Public Works and Caltrans representatives
on the status of State Route 99 Four-Lane Expressway Project,
from 0.3 miles north o-~ Durham-Pentz Road to O.2 miles south of
the Skyway.
Motion: MADE MOTION OF INTENT TO PROCEED WITH NEGOTIATIONS.
M S
Vote: l Y 2 Y 3 Y 4 Y
5 Y (Unanimously carried)
Page 397
May 20, 1986
86-282
(1200} Status report on Inter-Department Committee an Child Abuse. {NO
ACTION TAKEN. STATISTICAL REPORT REQUESTED ON CHILD ABUSE
INVESTIGATIONS FOR THE MEETING OF JUNE 3.
Recess: TO:04 a.m.
Reconvene: 10:19 a.m.
86-283 Consideration of request of Mental Health Director to appoint
a psychologist at Range 29.0, Step E.
Motion: AUTHORIZED APPOINTMENT OF A PSYCHOLOGIST AT RANGE 29.0,
STEP E.
S M
Vote: T Y 2 Y 3 Y 4 Y 5 Y {Unanimously carried)
86- 284
{1970) Report regarding special districts allocation fund disbursement
process for 1986-87.
Motion: AUTHORIZED APPROPRIATE NOTICES TO SPECIAL DISTRICTS AND
SET HEARING DATE FOR JUNE 3, 7986, AT 3:30 P.M. REGARDING
SPECIAL DISTRICT AUGMENTRTION FUNDS.
S M
Vote: l Y ~2 Y 3 Y 4 Y 5 Y (Unanimously carried)
86- 28 5
(2063) Report on Assessment District Review Committee on the application
requestin formation of Plateau Park
g Assessment District. (from
{CONTINUED TO JUNE 3,
5/6/86} 1986.)
**
00
86- 286
(163) Consideration of request from Chico He ritage Association requesting
a letter asking that M and T Ranch Corporation set aside plans
to demolish the ranch's main house. (NO ACTION TAKEN. HOUSE
ALREADY DEMOLISHED.)
86-287
{170) Report from County Counsel regarding temporary work permits as
they relate to the county's cardroom ordinance. {NO ACTION TAKEN.)
86-288
(251) Report to the Board on recommendations of the Board of
Super~isars/Grand Jury Audit Committee concerning selection of
the audit firm.
Motion: SELECTED MATTHEWS, CRIPPEN AND 7ENNEY TO PERFORM THE
ANNUAL AUDIT AND SINGLE AUDIT FOR BUTTE COUNTY FOR THE
FISCAL YEAR ENDING JUNE 30, 1986.
M
Vote: l Y 2 Y 3 Y 4 Y
Page 398
S
5 Y (Unanimously carried}
May 20, 1986
86- 288
{Cont'd)
Motion: DIRECTED THE CHIEF ADMINISTRATIVE OFFICE AND
AUDITOR-CONTROLLER TO NEGOTIATE AN AGREEMENT TO PRESENT
TO THE BOARD FOR APPROVAL ON JUNE 3, 1986.
M S
Vote: l Y 2 Y 3 Y 4 Y 5 Y (Unanimous]y carried)
86- 289
(312) Discussion of State Department of Fish and Game letter regarding
protection of critical deer habitat in Butte County.
Motion: AUTHORIZED SUPERVISOR McINTURF TO MEET WITH MR. JENSEN
TO TRY TO CLARIFY BOARD'S POSITION AT THE PRESENT TIME
AND REPORT BACK TO THE BOARD.
M S
Vote: ] Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried}
Public Hearings and Timed Items
86-290
(511) 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.
Motion: ADOPTED RESOLUTION 8fi-fib, FINDING THAT THE RESIDENCE
LOCATED RT 4$71 VIRGINIA AVENUE, OROVILLE, CALFORNIA,
IS DECLARED A NUISANCE AND THAT THE BOARD OF SUPERVISORS
IS DIRECTING STAFF TO ABATE THE NUISANCE, AND THAT THE
ABATEMENT OF THE NUISANCE BY THE REMOVAL OF THE PROPERTY
I5 THE ONLY REASONABLE METHOD TO ABATE IT.
M S
Vote: ] Y 2 Y 3 Y 4 Y 5 Y (Unanimous1y carried)
Closed Session: The Board recessed at ]O:T7 a.m. for a closed
session regarding Butte v. City of Chico Downtown
Redevelopment Project.
Reconvene: The Board reconvened at ]1:47 a.m. (SEE FOLLOWING
MINUTE ORDER.)
(SUPERVISORS WHEELER AND FULTON ABSENT A7 THIS TIME.)
Page 399
May 20, ]986
86-291
(824) Report on Closed Session.
Motion: RETAINED THE LAW FIRM OF MILLER AND HYDE, AT THEIR
CUSTOMARY FEE, TO EVALUATE ALL CITY OF CHICO REDEVELOPMENT
PROJECTS.
S M
Vote: l Y 2 Y 3 RB 4 Y 5 AB (Motion carried)
{SUPERVISORS WHEELER AND FULTON PRESENT AT THIS TIME.}
Public hearings and Timed Items
86-292
(869) Gary Jacobs - rezone from PA-C (planned area - cluster) to S-R
{suburban residential) for 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 (Fi1e 86-46A).
Motion: NOTED THAT THE ENVIRONMENTAL DOCUMENTS REQUIRED BY CEQR
HAVE BEEN COMPLETED AND CONSIDERED IN MAKING THIS DECISION;
ADOPTED R MITIGATED NEGATIVE DECLARATION; FOUND THAT
THE PROJECT CONFORMS TO THE TEXT AND MAP OF THE BUTTE
COUNTY GENERAL PLAN; ADOPTED ORDINANCE 2524 REZONING
AP 42-07-38 TO S-R AND PUD (GARY JACOBS), AS PROPOSED,
SUBJECT TO THE CONDITIONS AND MITIGATION MEASURES LISTED
ON MEMO FROM PLANNING DATED MAY 9, 1986.
S M
Vote: l Y 2 N 3 Y 4 Y 5 N (Motion carried)
Recess: 12:26 p,m.
Reconvene: 1:45 p.m.
(SUPERVISORS DOLAN, FULTON AND WHEELER ABSENT AT THIS TIME.)
86-293
(2189} Recognition of persons wishing to speaEc.
1. Florence Prater - requested the Board to adapt a resolution
opposing Plumas, Lassen and Tahoe National Forests Ten Year
Land and Resource Management Plan Alternatives.
(SUPERVISOR FULTON PRESENT AT THIS TIME.)
Page 400
May 20, 1986
86-293
(Cont'd) Motion: DIRECTED LETTERS TO THREE FORESTRY OFFICIALS INDICATING
THE BOARD iS OPPOSED TO THE CLEARCUTTING CONCEPT, AND
THAT, INSTEAD, SUPPORT SELECT CUTTING.
M S
Vote: l Y 2 AB 3 AB 4 Y 5 Y (Motion carried)
2. Sill Cheff, public works director, - provided Board with
a report concerning insurance status of transit systems.
(SUPERVISOR WHEELER PRESENT AT THIS TIME.)
Motion: APPROVED RECOMMENDATIONS OF PUBLIC WORKS DIRECTOR, AS
LISTED IN REPORT.
S M
Vote: l Y 2 AB 3 Y 4 Y 5 Y (Motion carried)
3. Glenn Miller - regarding priorities in county funding.
4. Ted Runge - requesting suggestions for friend to obtain a
building permit without modifying map. (COUNTY COUNSEL ADVISED
THE BOARD CAN DO NOTHING. MATTER WILL HAVE TO GO THROUGH
*** ADVISORY AGENCY.)
000
5. Bob Crisan - providing information on child abuse committee
meetings.
6. Norma Smith - objecting to administrative staff present during
Board meetings.
7. Terry Korton - Sheriff's Office - requesting Soard approval
of grant applications to the Office of Criminal ~3ustice and
planning for crime prevention programs, in the amount of
$46,520, with a county match of $9,304 to come from the core
budget.
Motion: ADOPTED R£SOLUTTON 86-69 AUTHORIZING SHERIFF`S DEPARTMENT
TO APPLY FOR CRIME PREVENTION FUNDS FROM THE STATE.
S M
Vote: l Y 2 AB 3 Y 4 Y 5 Y (Motion carried)
8. Orrin B. Stratton - regarding water problems in Chico.
Page 401
May 20, 1986
Pu61ic Hearings and Timed Items ~
86-294
(695) Butte County Planning Commission - proposed negative declaration
regarding environmental impact, Bidwell Avenue, rezone from U
(unclassified}, C-T (light commercial), R-3 (medium density
residential), to a zoning compatible with the Chico Area Land
Use PTan (R-l, 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 85-65C).
Motion: FOUND THAT THE REQUIREMENTS OF CEQA HAVE BEEN COMPLETED
AND CONSIDERED AND ADOPTED A NEGATIVE DECLARATION; FOUND
THAT THE PROPOSED REZONE COMPLIES WITH THE CHICO AREA
LAND USE PLAN AND OTHER ELEMENTS OF THE BUTTE COUNTY
GENERAL PLAN, WITH THE EXCEPTION OF AREA 6 FOR WHICH
A GENERAL PLAN AMENDMENT HAS BEEN INITIATED; ADOPTED
ORDINANCE 2525 REZONING AREAS 5 AND 7 AS FOLLOWS: {1}
AREA 5 - REZONE FROM C-1 AND U TO R-3; (2} AREA 7 -
REZONE FROM C-l AND U TO R-3.
S M
Vote: l Y 2 AB 3 Y 4 Y 5 Y (Motion carried}
Recess: 2:34 p.m.
Reconvene: 2:42 p.m.
86-295
(796} Frank and Janice Reale - appeal of the Planning Commission's denial
of a variance to minimum lot size to create a .38-acre and a
.96-acre parcel (proposed negative declaration regarding
environmental impact} in a TM-1 {timber mountain - one acre parcel}
zone far 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.
Motion: MADE A MOTION OF INTENT TO UPHOLD THIS APPEAL, WITH
FINDINGS BASED ON THE FACT THRT IT IS NOT A SPECIAL
PRIVILEGE SINCE IT IS TOTALLY SURROUNDED BY SMALLER LOTS,
AND THEREFORE, IT WOULD NOT NECESSARILY BE
PRECEDENT-SETTING, AND FURTHERMORE, IN TERMS OF THE
DRAINAGE PROBLEM WHICH SEEMS TO BE THE MOST SIGNIFICANT
DIFFICULTY, ALL INDICATIONS ARE, SUPPORTED BY A LETTER
FROM JOHN ANDERSON, THAT THE DRAINAGE IS TD THE WEST,
RATHER THAN TO FIR HAVEN WATERSHED.
S M
Vote: 1 N 2 AB 3 Y 4 Y 5 Y (Motion carried)
(TO BE BROUGHT BACK ON JUNE 3, 1986 FOR FINAL MOTION.}
Page 402
May 20, 1986
Regular A
86-296
{1322) Interpretation of Zoning Code Section 24-~t9S, U {unclassified).
Motion: APPROVED ACTION A5 REQUESTED IN MEMO FROM PLANNING DATED
MAY 13, 1986.
Vote: l Y 2 AB 3 Y 4 Y 5 Y (Motion carried)
Public Hearings and Timed Items
86-297
(1428} Christopher Seegert - appeal 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, OroviT1e area (File 86-T1).
(SUPERVI50R WHEELER ABSENT AT THIS TIME.}
Motion: NOTED THAT THE REQUIREMENTS OF CEQA HAVE BEEN COMPLETED;
FOUND THAT THE PROPOSED REZONE DOES NOT COMPLY WITH THE
GENERAL PLAN AND ALL OF ITS ELEMENTS; AND DENIED THE
PROPOSED REZONE TO FR-5 ON AP 72-20-01 (CHRIS SEEGERT).
M S
Vote: l Y 2 AB 3 AB 4 Y 5 Y (Motion carried)
Recess: 3:32 p.m.
Reconvene: 3:47 p.m.
(SUPERVISOR WHEELER PRESENT AT THIS TIME.)
$6-298 Nichols Trust - proposed mitigated negative declaration regarding
(2544) environmental impact and rezone from AR-MH-3 (agricultural
residential mobile home - three acre parcels) to PUD (planned
unit development} for property located on the northeast corner
of Clark Road and Hidden Valley Road, approximately 3/4 mile north
of Clear Creek Cemetery Road, identified as AP 41-41-53, south
of Paradise (File 86-18}.
A9otion: MADE A MOTION OF INTENT TO FIND THAT THE REQUIREMENTS
OF CEQA HAVE BEEN COMPLETED AND CONSIDERED AND TO ADOPT
A MITIGATED NEGATIVE DECLARATION; AND TO FIND THAT THE
REZONE SUBSTANTIALLY COMPLIES WITH THE GENERAL PLAN;
TO ADOPT AN ORDINANCE REZONING THAT PROPERTY IDENTIFIED
RS AP 41-41-53 (NICHOLS TRUST) TO PUD AND APPROVE THE
SUBDIVISION OF SEVEN PARCELS PLUS COMMON AREA SUBJECT
TO CONDITIONS 1 - 31 AS LISTED ON MEMO FROM PLANNING
DATED MAY 9, 1986.
Page 403
May 20, 1986
86-298
(Cont'd}
S M
Vote: l Y 2 AB 3 Y 4 N 5 Y (Motion carried)
Re_ gular Agenda
86-299
(2870)
86-300
(2923)
86-301
**~~
0000
86-302
(35}
Consideration of appointment to the Jobs Training Partnership
Act Private Industry Council.
Motion: APPOINTED BUD TRACY
M S
Vote: l Y 2 AB 3 Y 4 Y 5 Y (Nation carried}
Consideration of appointments to Durham Irrigation District. (from
5/6/86) (NO ACTION TAKEN.)
Closed Hearings
Closed hearing - Butte County Planning Commission - development
of land use planning policies for the Cohasset Planning Area
Committee (File 83-$4A} {from 5/6/86}
Motion: WAIVED THE SECOND READING AND ADOPTED ORDINANCE 2526.
M S
Vote: l Y 2 AS 3 Y 4 Y 5 Y (Motion carried)
Closed hearing - 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. (from 5/6/86}
Nation: FINDING THAT THE CREATION OF TWO MORE PARCELS IN THIS
AREA WILL NOT CONFLICT WITH LAND USE ELEMENT, THE
CIRCULATION ELEMENT, THE OPEN SPACE ELEMENT AND THE SAFETY
ELEMENT OF THE GENERAL PLAN, ADOPTED A MITIGATED NEGATIVE
DECLARATION OF ENVIROMENTAL IMPACT FOR THE RAY DAHLGREN
TENTATIVE PARCEL MAP ON AP 47-25-85; AND FTNDING THAT
THIS PROJECT CONFORMS TO THE BUTTE COUNTY GENERAL PLAN
AND ZONING, UPHELD THE APPEAL OF THE ADVISORY AGENCY'S
Page 404
May 20, 1986
86-302 DENIAL OF THIS PROJECT AND APPROVED THE TENTATIVE PARCEL
{Cont`d) -MAP FOR RAY DAHLGREN ON AP 41-25-85; APPROVAL BEING SUBJECT
TO PUBLIC WORKS CONDITIONS T THROUGH 5, ENVIRONMENTAL
HEALTH CONDITIONS 7 THROUGH 10 AND MITIGATION MEASURES
1, 2 AND 3 AS THEY ARE STATED ON MEMO DATED APRIL 16,
1985 FROM DEPARTMENT OF PUBLIC WORKS TO THE BOARD OF
SUPERVISORS.
M S
Vote: l Y 2 AB 3 Y 4 Y 5 Y (Motion carried)
86- 303
(73} Closed hearing - Ron Graves and Associates - on behalf of
Ellis Foster, appeal the Advisory Agency's denial of tentative
subdivision map (proposed mitigated negative declaration regarding
environmental impact}, AP 58-T7-T8 and AP 58-20-05, l2 parcels,
property located on the west side of Highway 70 at Ponderosa Way
and Deadwood Road, Concow area. (from 5/6/86)
Motion: FINDING THAT SUFFICIENT EVIDENCE HA5 NOT BEEN SUBMITTED
TO VERIFY THAT THIS PROJECT WOULD CAUSE DAMAGE TO WILDLIFE
OR WILDLIFE HABITAT, ADOPTED A MITIGATED NEGATIVE
DECLARATION OF ENVIRONMENTAL IMPACT FOR THE ELLIS FOSTER
TENTATIVE SUBDIVISION ON AP 58-17-18 AND 58-20-05; FINDING
THAT THIS PROJECT CONFORMS TO THE BUTTE COUNTY GENERAL
PLAN AND ZONING, UPHELD THE APPEAL OF THE ADVISORY AGENCY'S
DENIAL OF THIS PROJECT AND APPROVED THE TENTATIVE
SUBDIVISION MAP FOR ELLIS FOSTER ON AP 58-17-78 AND
58-20-05; APPROVAL BEING SUBJECT TO PUBLIC WORKS CONDITIONS
1 THROUGH 9, ENVIRONMENTAL HEALTH CONDITIONS 10 THROUGH
14, AND MITIGATION MEASURES 1 AND. 2 AS STATED ON MEMO
DATED APRIL 22, 1986 FROM DEPARTMENT OF PUBLIC WORKS
,TO THE BOARD OF SUPERUISORS.
S M
Vote: l Y 2 AS 3 Y 4 N 5 Y (Motion carried)
86-304
(126} Closed hearing - W. Warshawer - proposed mitigated negative
declaration regarding environmental impact and appeal of the
Planning Commission's denial of a rezone from U (unclassified)
to FR-3 (foothill recreational - 3 acre parcels} for property
zoned U and S-H (scenic highway} located along Mt. Ratche7 Road,
south of Highway 162, approximately one mile northwest of the
Canyon Creek Bridge, identified as AP 71-08-133, 134, 735 and
137, north of Orovil7e (File 86-15). {from 3/l8/86)
Motion: AGREED TO SETA NEW PUBLIC HEARING.
M S
Vote: l Y 2 AB 3 Y 4 Y 5 Y (Motion carried}
(ITEM TO BE LISTED ON THE CONSENT AGENDA ON JUNE 3, 7986 TO 5ET
HEARING DATE, PROVIDED NECESSARY FEES HAVE BEEN PAID.)
Page 4O5
May 20, 1986
86-305
(245) Closed hearing - Butte County Board of Supervisors - proposed
negative declaration and amendment to Cfiico Area General Plan
Policy Statement to allow the consideration of aTl agricultural
zones in the orchard and field crop designation for the Chico
Urban Area on property zoned U (unclassified}, A-5, A-10, A-20,
A-4O (agricultural -- 5, 10, 20, 40 acre parcels} located in the
Chico Urban Area (File 85-66). (from 3/1$/86) (CONTINUED TO
JUNE 3, 1986.}
86-306
{493} Closed hearing - Robert Bay - proposed negative declaration
regarding environmental impact and appeal of a denied variance
to minimum lot size to allow a one acre parcel and a 3.40 acre
parcel in an AR-5 (agricultural residential - five acre parcels)
zone for property located on the west side of Forest Ranch Road,
300 feet west of Highway 32, identified as AP 63-18-03, Forest
Ranch. (from 6/4/85)
Motion: NOTED THAT THE REQUIREMENTS OF CEQA HAVE BEEN COMPLETED
AND CONSIDERED; FOUND THAT THE PROPOSED PROJECT DOES
NOT COMPLY WITH THE BUTTE COllNTY CODE SECTION 24-49,
THAT THERE ARE NO SPECIAL CIRCUMSTANCES APPLICABLE TO
THE PROPERTY INCLUDING SIZE, SHAPE, TOPOGRAPHY, LOCATION
OR SURROUNDINGS, AND THE STRICT APPLICATION OF THIS CHAPTER
DOES NOT DEPRIVE SUCH PROPERTY OF PRIVILEGES ENJOYED
BY OTHER PROPERTY IN THE VICINITY AND UNDER IDENTICAL
ZONING CLASSIFICATION; AND DENIED THE PROPOSED VARIANCE
TO ALLOW A 1 AND A 3.4 ACRE PARCEL IN AN AR-5 ZONE
(ROBERT BAY), AP 63-18-03,
M S
Vote l Y 2 AB 3 Y 4 Y 5 Y (Motion carried)
86-307 Additional items:
1. Chairman McLaughlin - thought it would be appropriate to send
a letter to Senator Neilsen thanking him for his efforts in
SB 1917.
2. Supervisor Wheeler - wished to make an appointment to Economic
Development Corporation.
Motion: REAPPOINTED PAUL PETERSON, FROM DISTRICT 3.
ra s
Vote: 1 Y 2 AB 3 Y 4 Y 5 Y (Unanimously carried}
Page 406
May 20, 1986
86-307
(Cont'd) 3. Chairman McLaughlin - requested a hearing date be set far
a public hearing on the consolidation of Siggs-Gridley Justice
Court.
Motion: SET NEARING DATE FOR JUNE 17, 1986 AT 11;00 A.M.
S M
Vote: l Y 2 AS 3 Y 4 Y 5 Y (Motion carried}
4. Chairn~an McLaughlin and Gerald Lively briefed the Board on
actions by Chico City Council regarding annexation of the
North Valley Mail.
Closed Session: The Board recessed at 4:43 p.m. for a closed
session on meet and confer; potential litigation
involving the North Valley Mall and the Crisan
claim, and a personnel matter.
Reconvene: The Board reconvened at 5:42 p.m. (NO ANNOUNCEMENTS.)
' Recess: There being nothing further before the Board at this
time, the meeting was recessed at 5:43 p.m.to reconvene
on March 27, 1986 at 9:00 a.m.
Page 407
May 20, 1986