HomeMy WebLinkAboutM052185~-
May 21, 1985
Ca11 to order - Board of Supervisors Room, County Administration
Building, 25 County Center Drive, Orovi1le.
Present: Supervisors Dolan, McInturf, McLaughlin, Wheeier and
Chairman Fulton; Martin J. Nichols, chief administrative officer;
Del Siemsen, county a..counsei; and Rubye ~ownsley, deputy clerk
of the Board.
Pledge of a1]egiance to the Flag of the United States of America.
85-354 Additional items from Board members to be addressed at the end
of the day:
1. Supervisor Wheeler wanted to advise the Board of successes
in the timber yield tax matter.
2. Supervisor Dolan-wished to share a complaint regarding Air
Pollution Control and a7 so had a question regarding school
tax fees.
85-355 Items removed from the %onsent Agenda for separate discussion:
1. Neil H. McCabe, attorney at ]aw - on behalf of Chico Unified
School District, appeals the Advisory Agency's approval of
Frank Brazell tentative parcel map (proposed negative
deciaration regarding environmental impact), AP 44-78-05,
four parcels, property located on the north side of Lassen
Avenue approximately 2100 feet west of the Esplanade, Chico
area.
2. Cliff Johnsen - appeais the Advisory Agency`s denial of
tentative parcel map (proposed negative declaration regardin g
environmental impact),. AP 040-02-135, three parcels, property
located on the south side of MarybilT Ranch Road approximately
4800 feet east of Midway in the Chico area.
3. Appointment to the Assessment Appeals Board.
Page 1
May 21,-1985
85-355 4. Buildings and Grounds maintenance - fixed assets - authorization
(Cont'd) is requested to purchase two lawn tractors in an amount not
to exceed $9,100 from within existing appropriations
5. Diagnostic studies (juveniles/criminal) - a contract has been
prepared with the State Department of Youth Authority for
diagnostic and treatment services and temporary detention
in 1985-86 at a cost of $2,130 per month per person per day,
or computed at 7/30 of the monthly rate
6. Bar-O-Bays Ranch contract - a contract has been prepared with
Del Norte County for the care and treatment of youth in 1985-86
at a rate of $1,040 per month per youth.
7. Master Environment Assessment - Durham-Dayton-Nelson Planning
Area - the Planning Department received five responses .to
the Request for Proposal previously approved by the Board.
8. City of Oroville, et al, - several letters have been received
supporting the establishment of a Narcotic Task Force within
the county.
85-356 Consent Agenda
1. Approval of minutes. APPROVED MINUTES OF APRIL 30 AND MAY 5,
7 985.
2. Budget transfers. APPROVED BUDGET TRANSFERS B-234, B-242,
B-248 B-249, B-252, B-253, B-254, B-255, B--256, B-257, B-258,
B--259, B-260, AND B-261.
3. A. L. Gaither and Loren G. Lewis - abandonment - portion of
Old Skyway right-of-way at Magalia (File 85-57). ADOPTED
RESOLUTION 85-69 SETTING HEARING DATE FOR JUNE 78, 1985, AT
10:00 A.M.
4. Sierra West Surveying - on behalf of Richard Hood, appeals
the Subdivision Violation Committee's condition to provide
40 foot legal access to a parcel on an application for
compliance with Chapter 20 of the Butte County Code,
AP 48-10-47, one parce], property located on the north side
of Melody Lane, approximately 200 feet west of its intersection
with North Avenue, Chico area. 5ET HEARING DATE FOR JUNE
4, 1985, AT 1:30 P.M.
Page 2
May 2T, 1985
85-356 5. Appointment to Agricultural Advisory Commission. APPOINTED
{Cont'd) JERRY HENDON AS THE DISTRICT 5 REPRESENTATIVE TO SERVE UNTIL
DECEMBER 31, 7988.
6. Appointments to the Sutte County Health Planning Council.
APPOINTED C. LYNN BROWN AND DAVID POSTER TO SERVE UNTIL
DECEMBER 37, 1986.
7. Appointment to the Northern California Health Systems Agency.
APPOINTED DR. MONROE SPRAGUE TO REPLACE DR. JAMES DeMETRY
TO SERVE UNTIL SEPTEMBER 7986.
8. Appointa!ient to Law Library Board of Trustees. APPOINTED
MElANIE HOWELL TO SERVE UNTIL DECEMBER 31, 1985.
9. Resolution in appreciation of Leonard Rathbun, retiring
superintendent of ThermaTito Elementary School District.
ADOPTED RESOLUTION 85-70 AND AUTHORIZED THE CHAIRMAN TO SIGN.
10. Resolution proclaiming June T985 as Sober Graduation Month.
ADOPTED RESOLUTION 85-71 AND AUTHORIZED THE CHAIRMAN TO SIGN.
7T. Certificate of Appreciation - Elizabeth C. Dahlmeier (Butte
County Arts Commission). APPROVED CERTIFICATE OF APPRECIATION
AND AUTHORIZED THE CHAIRMAN TO SIGN.
12. Prison Health Services - jail equipment - in accordance with
the medical services contract, surveillance equipment was
purchased for monitoring purposes within certain areas of
the jail and Board action is necessary to accept the equipment.
ACCEPTED MONITORING AND ASSOCIATED EQUIPMENT AT A TOTAL
ESTIMATED VALU£ OF $3,982.
13. Jack M. Mitchell - submits claim in the amount of $7,000,000
for alleged damages incurred on an undesignated date while
incarcerated in the Butte County Jail. REFERRED TO COUNTY
COUNSEL AND RISK MANAGEMENT COORDINATOR.
74. Lynn Hubbard, III, attorney at Taw - on behalf of
Jonathan Robert Starkey, submits claim in the amount of
$1,000,000 for alleged damages occurring approximately September
1984 as a result of an arrest in Gridley. AUTHORIZED RETURN
OF CLAIM AS IT IS NOT TIMELY FILED.
15. Mark E. Myers, attorney at law - on behalf of Julie Schmunk
and Larry and Sandy Schmunk, files an application for leave
to present late claim and c7 aim in the amount of $500,000
as a result of alleged damages resulting from incidents
occurring in and around 1979 and T980. REJECTED APPLICATION
TO FILE LATE CLAIM.
Page 3
May 21, 1985
85-356 T6. Butte County Employees Association - on behalf of Cheryl Jones,
(Cont'd} et al, files a claim in the amount of $100,000 as a result
of alleged injuries occurring on or about January 23, 1985,
involving telephone conversations with the Sheriff's Department.
REJECTED CLAIM AND REFER TO COUNTY COUNSEL AND RISK MANAGEMENT
COORDINATOR.
17. Nell Lind - on behalf of Nell Lind, et al, files a claim in
the amount of $150,000 as a result of alleged injuries incurred
on or about January 24, 7985, as a result of telephone
conversations with the Sheriff's Department. REJECTED CLAIM
AND REFERRED TO COUNTY COUNSEL AND RISK MANAGEMENT COORDINATOR.
18. JTPA fiscal and compliance audit -- federal law requires a
service delivery area to have performed Independent fiscal
and compliance audits every two years. AUTHORIZED THE EXECUTIVE
OFFICER AND AUDITOR TO ISSUE A REQUEST FOR PROPOSAL AND DEVELOP
A RECOMMENDATION FOR AWARD BY THE BOARD NO LATER THRN AUGUST 6,
T 985.
79. Audit report - 1984 Community Serrices Block Grant and
Weatherization Programs - an audit report has been prepared
for Grant Numbers: 83-834505, 83-8]21006, 83-844104, 83-846307,
83-838703, and 84-852605. The report contains no negative
or adverse findings. ACCEPTED AUDIT REPORT AS SUBMITTED.
20. Reissuance of warrant - Gale C_ 5ligar - Board authorization
is necessary to reissue two county warrants in the total amount
of $47 in accordance with the provisions of Government Code
§29802(c}. AUTHORIZED REISSUANCE OF WARRANTS.
2T. Status of investments - the Treasurer submits the April 1985
report in accordance with AB 1073 and the county investment
policy. ACCEPTED REPORT.
22. Equal installments vn secured tax bills - a resolution has
been prepared directing the Auditor to reject any cent not
evenly divisible by two in the computation of taxes on the
county's secured assessment roll. ADOPTED RESOLUTION 85-72
AND AUTHORIZE THE CHAIRMAN TO SIGN.
23. 1985-8fi Proposition 4 appropriations limit calculations the
Auditor submits appropriations limit calculations for the
County of Butte and Special Districts under control of the
Board. ACKNOMiLEDGED RECEIPT OF THE PROPOSITION 4 APPROPRIATIONS
CALCULATIONS AS SUBMITTED; DIRECTED COPIES BE PROVIDED TO
THE COUNTY LIBRARY; DIRECTED THE AUDITOR TO BRING BACK TO
THE BOARD NO SOONER THAN FIFTEEN DAYS AND NO LATER THAN JUNE 78,
7985, A RESOLUTION FOR ADOPTION OF THE APPROPRIATION LIMITS,
TOGETHER WITH ANY COMMENTS RECEIVED THEREON.
Page 4
May 21, 1984
85-356 24. Maintained mileage within Butte County - in accordance with
(Cont'd) Streets and Highways Code §2T 21 the county must each year
certify to Caltrans the current maintained mileage of county
roads which this year is 1,377.65 miles. ADOPTED
RESOLUTION 85-73 AND AUTHORIZED THE CHAIRMAN TO SIGN.
25. Approval of plans and specifications - pavement overlay on
Skyway, Durham-Pentz Road and Palermo Road, Project No.
43341-84-1 plans and specifications have been completed for
the project. APPROVED PLANS AND SPECIFICATIONS; ADOPTED WAGE
SCALE; AND SET BID OPENING IN THE PUBLIC WORKS OFFICE FOR
JUNE 13, T985, AT 11:00 A.M.
26. Approval of plans and specifications - Eaton Road FAU Project
M-V 359(1) from Hicks Lane to 0.T mile east of Burnap Avenue -
plans and specifications have been completed for the budgeted
project. APPROVED PLANS AND SPECIFICATIONS; AUTHORIZED CHAIRMAN
AND DIRECTOR OF PUBLIC WORKS TO SIGN PLANS; ADOPTED WAGE SCALE;
AND SET BID OPENING IN THE PUBLIC WORKS OFFICE FOR JUNE 13,
1985, AT 11:00 A.M.
26. Approval of plans and specifications - Eaton Road FAU Project
M-V 359{1 ) from Hicks Lane to O.1 mire east of Burnap Avenue -
plans and specifications have been completed for the budgeted
project. APPROVED PLANS AND SPECIFICATIONS; AUTHORIZED CHAIRMAN
AND DIRECTOR OF PUBLIC WORKS TO SIGN PLANS; ADOPTED WAGE SCALE;
AND 5ET BID OPENING IN THE PUBLIC WORKS OFFICE FOR JUNE 13,
T985, AT 11:00 A.M.
27. Approval of plans and specifications - reconstruction of Burnap
Avenue from Lassen Avenue to Eaton Road and Godman Avenue
from Cimarron Drive to Eaton Road, Project No. 59195D-84-1 -
plans and specifications have been completed far the budgeted
project. APPROVED PLANS AND SPECIFICATIONS; AUTHORIZED THE
CHAIRMAN AND DIRECTOR OF PUBLIC WORKS TO SIGN PLANS; ADOPTED
WAGE SCALE; AND 5ET BID OPENING IN THE PUBLIC WORKS OFFICE
FOR JUNE T3, 1985, AT 1T:OO A.M.
28. Program Supplement No. 37 - Master Agreement No. 03-59]2 -
Oroville Quincy Highway, FAS Project No. RS-V366{1) Program
Supplement No. 37 provides additional funds for state provided
engineering and testing services for the project which was
completed in 1977 with funding coming from state matching
funds. APPROVED PROGRAM SUPPLEMENT N0. 37 AND ADOPTED
RESOLUTION 85-74 AUTHORIZING THE CHAIRMAN TO SIGN.
29. Alternative HTLY-III Antibody Testing Agreement - an agreement
has been prepared with the State Department of Health Services
to establish an alternate testing site as designated by the
state. The agreement provides for reimbursement of a total
of up to $25,667 far tests performed during the period of
May 1, T985, through June 30, T986. APPROVED AGREEMENT AND
AUTHORIZED THE CHAIRMAN TO SIGN.
Page 5
May 21, T985
$5-356 30. Senior Nutrition Project - budget revision - Contract
{Cont'd) Modification No. 2 has been prepared far the Titre IIIB
Transportation Contract which provides for the distribution
of one-time-only funds in the amount of $4,400 into the grant
and to adjust budgeted amounts to reflect the past nine months
of experience. APPROVED BUDGET REVISION AS SUBMITTED.
3T. Senior Nutrition Project - contract revisions - Contract
Modification No. 2 has been prepared to the Title IIIC Nutrition
Program as follows: distribution of one-time-only funds in
the amount of $14,385 to the congregate meals (C-1) grant
and $50 to the home delivered (C-2) grant; revision of project
income and non-match to reflect a decrease in the USDA amount
for C-T from $40,867 to $40,008 and C-2 from $27,377 to $26,404;
and revision of budget categories to reflect increases in
expenditure rates for C-T, $3,280; C-2, $2,337 and IIIB
{transportation), $1,023. APPROVED CONTRACT MODIFICATION
RND AUTHORIZED EXPENDITURE FROM EQUIPMENT CATEGORIES OF THE
GRANTS.
32. Senior Nutrition Project - kitchen renovation - Board
authorization is necessary to acquire several items of
non-expendable equipment totaling $19,772, expendable equipment
totaling $5,439 and a used passenger van, $7,861 in order
to complete kitchen renovation at 1184 East Avenue and provide
for senior meals. APPROVED EQUIPMENT LISTING.
33. Senior Nutrition Grant - kitchen renovation - only one bid
was received for renovation of the kitchen at 1184 East Avenue,
that being Larbro ConStructian of Chico in the amount of
$10,140. AWARDED BID.
34. Salary ordinance amendment - an ordinance has been prepared
adding seven new positions in the Mental Health Department.
WAIVED SECOND READING AND ADOPTED ORDINANCE 2470.
35. Final map - Four "M" Subdi~isivn - the developer has provided
an assigned savings certificate to guarantee maintenance of
facilities for a period of one year starting May 13, 7985,
on the four-parcel subdivision, AP 6T-35-19, property located
on the south side of Bald Rack Road, at Four "M" Court, in
the Bald Rock area. ACCEPTED DEPOSIT BY DEVELOPER FOR TAXES
OR SPECIAL ASSESSMENTS WHICH ARE A LIEN BUT NOT YET DUE OR
PAYRBLE; APFROVED FINAL MAP; ACCEPTED EASEMENTS GRANTED IN
THE OWNER'S CERTIFICATE ON BEHALF OF THE PUBLIC; ACCEPTED
GRANT IN FEE SIMPLE ONE-FOOT NO-ACCESS STRIP AS OFFERED IN
THE OWNER'S CERTIFICATE; AND AUTHORIZED THE CHAIRMAN TO SIGN
THE SUBDIVISION AGREEMENT (NOTE: FOUR "M" COURT AS OFFERED
FOR DEDICATION IS NOT ACCEPTED AT THIS TIME.)
Page 6
May 27 , 1985
85-356 36. Communications.
(Cont'd)
a. William H. Bober, III, attorney at law - forwards
information concering responses received on individuals wanting
to stay within or to be excluded from the Rock Creek
Reclamation District. ACCEPTED FOR INFORMATION.
b. Roger W. Cole, Chico - forwards information concerning
information concerning the effect of the proposed Sacramento
River Riprap Project. ACCEPTED FOR INFORMATION AND REFERRED
TO PLANNING DEPARTMENT.
c. State Regional Water Quality Control Board - Central
Ua17ey Region - forwards information advising that the
Hol7ybrook and Waterford Subdivisions in Chico have been
approved by the regional board. ACCEPTED FOR INFORMATION.
Motion: APPROVED CONSENT AGENDA.
S M
Vote: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
Regular Agenda
85-357 Neil F!. McCabe, attorney at Taw - on behalf of Chico Unified School
(36) District, appeals the Advisory Agency's approval of Frank Brazen
tentative parcel map (proposed negative declaration regarding
environmental impact), AP 44-78-05, four parcels, property located
on the north side of Lassen Avenue approximately 2100 feet west
of the Esplanade, Chico area.
Motion: SET HEARII~6 DATE FOR JUNE 4, 1985, AT 11:00 R.M.
S M
Vote: ] Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
85--358 Cliff Johnsen - appeals the Advisory Agency's denial of tentative
(55) parcel map (proposed negative declaration regarding environmental
impact), AP 040-02-T35, three parcels, property located on the
south side of MarybilT Ranch Road approximately 4800 feet east
of Midway in the Chico area.
Motion: SET HEARING DATE FOR JUNE 4, 1985, AT 11:30 A.M.
M S
Vote: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
Page 7
May 21, 1985
85-359 Appointment to the Assessment Appears Soard. (CONTINUED TO JUNE 4,
(7O5} T985. ADMINISTRATIVE OFFICE TO MAKE EFFORTS TO ADVERTISE VACANCY
AND SECURE INFORMATION ON MR. TALLEY'S QUALIFICATIONS AS WELL
AS OTHERS WHO MAY BE INTERESTED IN THE POSITION.}
85-360 Buildings and. Grounds maintenance - fixed assets - authorization
(189} is requested to purchase two Tawn tractors in an amount not to
$9,700 from within existing appropriations.
Motion: AUTHORIZED PURCHASE OF FIXED ASSETS.
S M
Vote: T Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried}
85-361 Diagnostic studies (juveniles/criminal} - a contract has been
(2TO) prepared with the State Department of Youth Authority for diagnostic
and treatment services and temporary detention in T985-86 at a
cost of $2,T30 per month per person per day, or computed at 7/30
of the monthly rate.
Mahon: ADOPTED RESOLUTION 85-75 APPROVING AGREEMENT AND AUTHORIZED
THE CHAIRMAN TO SIGN.
S M
Uote: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
85-362 Bar-O-Boys Ranch contract - a contract has been prepared with
(2T0) DeT Norte County for the care and treatment of youth in T985--86
at a rate of $1,040 per month per youth.
Motion: APPROVED AGREEMENT AND AUTHORIZED THE CHAIRMAN TO SIGN.
M S
Vote: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
85-363 Master Environment Assessment - Durham-Dayton-Nelson Planning
{290) Area - the Planning Department received five responses to the
Request for Proposal previously approved by the Board.
Motion: AUTHORIZED THE SELECTION OF DAYiD WADE AND ASSOCIATES
AND AUTHORIZED CDNTRACT NEGOTIATIONS WITH THE FIRM.
M S
Vote: l Y 2 Y 3 Y 4 Y 5 Y (Unanimousry carried}
85-364 City of OrovilTe, et al, - several letters have been received
{375) supporting the establishment of a Narcotic Task Force within the
county.
Motion: REFERRED TO CHIEF ADMINISTRATIVE OFFICER FOR CONSIDERATION
DURING UPCOMING BUDGET HEARINGS.
M S
Vote: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried}
Page 8
May 2l, 1985
85-365 Report to the Board on bid openings:
a. Chapman Area Improvement Project,
Phase III, Project No. 53235Q-84-1.
b. Anita Road and Wilson Landing Road,
Project No. 60135E-84-T.
Motion: AWARDED BID TO BUTTE GREEK CONSTRUCTIOR COMPANY IN THE
AMOUNT OF $10~T,849 AND AUTHORIZED AUDITOR TO TRANSFER
$12,000 FROM ACCOUNT 690-122-80.009 ROAD CONSTRUCTION
CONTINGENCY TO WORK ORDER N0. 2017, CHAPMAN AREA,
PHASE III.
M S
Vote: T Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried}
Motion: AWARDED BID TO BUTTE CREEK CONSTRUCTION COMPANY IN THE
AMOUNT OF $348,920 AND AUTHORIZED AUDITOR TO TRANSFER
$28,000 FROM ACCOUNT 690-122-80.009 ROAD CONSTRUCTION
CONTINGENCY TO WORK ORDER 2011, ANITA ROAD AND WILSON
LANDING ROAD.
M S
Vote: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
85-366 Presentation of Resolution 85-67 proclaiming May as Mental Health
Month was made to Matt Jackson of the Mental Health Advisory Board.
85-367 Consideration of request of Don Scott, on behalf of Joe Camenzind,
(982) to reconsider denied appeal relating to verification of legal
access on tentative parcel map, AP 40-02-136, four parcels, property
located approximately 2,800 feet east of the intersection of Midway
and Marybill Ranch road on the south side of Marybi7l Ranch Road,
Chico area. {COUNTY COUNSEL ADVISED THAT APPEAL CANNOT SE HEARD
AGAIN. LETTER OF APOLOGY TO BE SENT TO i~9R. SCOTT F'OR ITEM APPEARING
ON THE AGENDA.}
85-368 Report from Chief Administrative Officer on the Municipal Affairs
(1750) Agreement with the City of Chica.
Motion: REFERRED TO INTERGOVERNMENTAL RELATIONS COMMITTEE
AND CHICO ISSUES COMMITTEE FOR DIALOGUE.
M S
Vote: ] Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
85-369 Report from Chief Administrative Officer on Municipal Affairs
{1203) Agreements with the cities of Ororri7le, Paradise, Gridley and
Biggs .
Motion: APPROVED LETTERS AND AUTHORIZED THE CHAIRMAN TO SIGN.
S M
Vote: 1 Y 2 Y 3 Y 4 Y
Page 9
5 Y (Unanimously carried}
May 21 , 1985
55-370 Consideration of changes to Board of Supervisors representation
(1fi29} an BCAG and rotation of chairmanship.
Motion: AUTHORIZED CHAIRMAN TO SEND LETTER TO EACH OF THE CITIES
REFERENCING LETTER ON MUNICIPAL AFFAIRS AGREEMENT AND
ADDING THIS TO THE ITEMS FOR DISCUSSION.
S M
Vote: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried}
Recess: 10:02 a.m.
Reconvene: 10:16 a.m.
85-371 Report from Public Works Director on "Thermalito Cavern."
(1740}
Motion: AUTHORIZED USE OF $6,000 OF THE DRAINAGE FUND TO PROCEED
IN THE MATTER DESCRIBED IN THE MASTER DRAINAGE PLAN.
AUTHORIZED $500 FROM THE GENERAL FUND TO PUT UP APPROPRIATE
FENCING.
5 M
Vote: ] Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
Public Hearings and Timed Items
85-372 Wyandotte Creek Road - public utility easement abandonment Wyandotte
(2499} Creek Road located south of Lower Wyandotte Road identified as
AP 27--03-24, Orovi 11e.
Motion: ADOPTED RESOLUTION 85-76 APPROVING ABANDONMENT.
M S
Vote: 1 Y 2 Y 3 Y 4 Y 5 Y {Unanimously carried)
85-373 Board of Supervisors - proposed negative declaration and rezone
{2604) from A-2 to FR-lO 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 Farbestown Road (BB} and
on the south side of Ithaca Street between Myers Street and
Burlington Avenue (CC), OrovilTe.
(SUPERVISOR DOLAN ABSENT AT THIS TIME}
Page 70
May 21, 1985
85-373 Motion: NOTING THAT THE REQUIREMENTS OF CEQA HAUE BEEN COMPLETED
{Cont`d) AND CONSIDERED IN MAKING THIS DECISION, ADOPTED A NEGATIVE
DECLARATION REGARDING ENVIRONMENTAL IMPACT AND FOUND THAT
THE PROPOSED REZONE CONFORMS TO THE POLICIES INCLUDING
THE TEXT AND MAP OF THE BUTTE COUNTY GENERAL PLAN; ADOPTED
ORDINANCE 2471, APPROVING THE REZONE OF 1800 ACRES TO
FR 70 and FR 40 AS SHOWN ON EXHIBIT "BB" FOR THE AREA
LOCATED EAST OF OROVILLE/QUINCY HIGHWAY AND 50UTH OF
FORBESTOWN ROAD AND TO A-R FOR THOSE PARCELS FRONTING
ON ITHACA STREET AS SHOWN ON EXHIBIT "A" (HATCHED AREA)
BETWEEN MYERS STREET AND BURLINGTON AVENUE SOUTH OF
OROVILLE.
M S
Vote: l Y 2 AB 3 Y 4 Y 5 Y {Motion carried)
Recess: 71:28 a.m.
Reconvene: 11:38 a.m.
85-374 Pat Chapla - appeal of Condition 6 (provide permanent solution
(1092) far drainage) and Condition 9 (provide an easement for and construct
portion of Crouch Ditch across parcel to Edgar Slough. (CONTINUED
TO JUNE 4, 1985, AT 3:00 P.M.)
85-375 William Burke -- proposed negative declaration and rezone from
{27]1) 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, l6, 17,
2T and 22, southeast Chico.
Motion: FOUND THAT THE REQUIREMENTS OF CEQA HAVE BEEN COMPLETED
AND CONSIDERED AND ADOPTED A NEGATIVE DECLARATION; FOUND
THAT THE REZONE IS IN CONFORMITY WITH THE AGRICULTURE
RESIDENTIAL DESIGNATION OF THE BUTTE COUNTY GENERAL PLAN,
MAP RND TEXT AND ADOPTED ORDINANCE 2472 REZONING FROM
FR 5 TO FR 2 THOSE PROPERTIES IDENTIFIED AS AP 40-46-75,
16, 17, 21 AND 22, WILLIAM BURKE.
S M
Vote: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
$5-376 Lippincott-Guth Associates - on behalf of W. D. Alstyne, appeal
the Advisory Agency's denial of appear on the requirement of an
environmental impact report on tentative parcel map, AP 56-41-17,
four parcels, property located on the north side of Platt Mountain
Road approximately 3000 feet east of its intersection with Highway
32, Forest Ranch area. (CONTINUED OPEN TO JUNE 4, 1985, AT 3:15
P.M. }
Page l7
May 21, 1984
85-377 Revenue Sharing proposed use hearing. {Those appearing were
*** Marshall Ross, Chico Meals on Wheels; Coleen Jarvis, Rape Crisis
Intervention; Maureen Ryan, Catalyst, Ralph Willson, Paradise
Meals on Wheels; Joyce Lowery, H.E.R,E.; Virginia Bolton, STRIVE;
Lee Laney, Retarded Citizens.) {CIO ACTION TAKEN.}
Closed Session: The-Board recessed at 12:43 for a closed session
on a personnel matter during lunch.
Reconvene: The Board reconvened at 1:38 p.m. (NO ANNOUNCEMENTS.)
85-378 Recognition of persons wishing to speak:
(374)
1. Ron McGuire - requesting Board permission to cross a one foot
no access strip in Hanging Ridge Subdivision.
Motion: ALLOWED CROSSING OF THE ONE FOOT NO ACCESS STRIP.
M S
Vote: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried}
2. Louis Camenzind, Jr. - regarding Kimshew Hydro Project.
Regular Agenda
$5-379 Consideration of request from Butte County Veterans Council to
(574} rename the Chico Veterans Memorial Ha71 to £d Brown Memorial Ha71.
Motion: WENT ON RECORD AS FAVORING RENAMING OF CHICO VETERANS
MEMORIAL MALL TO THE ED BROWN VETERANS MEMORIAL HALL.
S M
Vote: l Y 2 Y 3 NV 4 Y 5 Y (Motion carried)
85-380 Appointments to JTPA Private Industry Council.
(755)
Motion: APPOINTED DENNIS LINDBERG, JOHN SHEA AND MARY NEYiN.
M S
Vote: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
85-381 Appointments to the Infrastructure Task Force {from 5/7/85).
(825)
Motion: APPOINTED STEVE DEPA.
S M
Vote: T Y 2 Y 3 Y 4 Y
Page 7 2
5 Y (Unanimously carried}
May 21, 1985
$5-382 Chief Administrative Officer report vn Board of Supervisor committee
vacancies.
Motion: APPOINTED LUCILLE BOCKS TO BUTTE COUNTY COUNCIL ON AGING.
M S
Vote: i Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
85-383 Discussion of Bureau of Land Management letter offering the county
(899) an opportunity to participate in the formulation of mitigation
measures for the Forks of the Butte Hydro Project (from 5/7/85).
Motion: AUTHORIZED LETTER DECLINING OFFER.
M S
Vote: 7 Y 2 Y 3 Y 4 Y 5 Y {Unanimously carried}
Public Hearings and Timed Items
85--384 Manfred H. Erekson - The Church of Jesus Christ of Latter Day
(1034) Saints - proposed negative declaration and appeal of the Planning
Commission's denial of a use permit to allow construction of a
church chapel and recreation area on property zoned A-5
{agricultural -5 acre parcels) for property located vn the west
**** side of French Avenue 600 feet north of West Liberty Road identified
as AP 21-i3-1-16, Gridley area. (CONTINUED TO LATER IN MEETING.)
Closed Session: The Board recessed at 3:42 p.m. for a closed
session on a personnel matter.
Reconvene: The Board reconvened at 4:53 p.m. (NO ANNOUNCEMENTS).
85-385 Manfred H. Erekson - The Church of Jesus Christ of Latter Day
(1357) Saints - proposed negative declaration and appeal of the Planning
Commi55i0n's denial of a use permit to allow the construction
of a church chapel and recreation area on property zoned A-5
{agricu]tural 5 acre parcels) for property Tocated on the west
side of French Avenue 600 feet north of West Liberty Road identified
as AP 21-i3-T-7b, Gridley area. (CONTINUED FROM EARLIER IN THE
MEETING.)
Motion: MADE A MOTION OF INTENT TO APPROVE THE PROPOSED USE PERMIT
AMD MITIGATED NEGATIVE DECLARATION SUBJECT TO CONDITIONS
THAT WILL BE BROUGHT BACK AT THE NEXT MEETING.
S M
Vote: i Y 2 Y 3 Y 4 Y 5 N (Motion carried)
Page 7 3
May 2i, 1985
Recess: 5:15 p.m.
Reconvene: 5:22 p.m.
85-386 Barnhart--Brown and Associates - on behalf of Ed Ward, appeal the
(2185) Advisory Agency's denial of a tentative parcel map (proposed
mitigated negative declaration regarding environmental impact),
two parcels, AP 28-17-87, property located on the southeast corner
of Stoney Oaks Loop and Gold Mountain Road in the Oroville area.
Motion: UPHELD APPEAL OF ED WARD ON THE REVISED TENTATIVE PARCEL
MAP FOR AP 28-17-87, !VOTING THAT: (1) THE DEPARTMENT OF
FISH AND GAME HAS NOT PROVIDED EVIDENCE THAT ADVERSE IMPACT
TO MIGRATORY DEER HERDS WILL OCCUR, AND (2} PUBLIC WORKS
DEPARTMENT CONDITIONS 1 - 10, INCLUSIVE, ENVIRONMENTAL
HEALTH DEPARTMENT CONDITIONS 71 - T3, INCLUSIVE, PLANNING
DEPARTMENT CONDITION 14, AND MITIGATION MEASURES 1 7,
INCLUSIVE, WILL BE MADE CONDITIONS OF APPROVAL.
M S
Vote: ] Y 2 Y 3 Y 4 N 5 Y (Motion carried)
Corrected Motion: UPHELD APPEAL OF ED WARD ON THE REVISED TENTATIVE
PARCEL MRP FOR AP 28-17-87, NOTING THAT: (7} THE
DEPARTMENT OF FISH AND GAME HAS NOT PROVIDED EVIDENCE
THAT ADVERSE IMPACT TO MIGRATORY DEER HERDS WILL OCCUR,
AND (2) PUBLIC WORKS DEPARTMENT CONDITIONS 1 - 10,
INCLUSIVE, ENVIRONMENTAL HEALTH DEPARTMENT CONDITIONS
71 - 13, INCLUSIVE, PLANNING DEPARTMENT CONDITION 14,
AND MITIGATION MEASURES 1 7, INCLUSIVE, WILL BE MADE
CONDITIONS OF APPROVAL, ADOPTING A MITIGATED NEGATIVE
DECLARATION.
M S
Vote: 1 Y 2 Y 3 Y 4 N 5 Y (Motion carried}
85-387 Butte County Planning Commission - proposed negative declaration
(2480) and General Plan amendment for frontage property from low density
residential to commercial and west of the Mall from law density
residential to medium density residential and rezone from A-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} far property
located on both sides of East Avenue between Highway 99 and
Cohasset, Chico (from 5/7/85). (CONTINUED TO JUNE 4, 1985).
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 (from 5/7/85). (CONTINUED
TO JUNE 4, 1985.}
Page 14
May 21, 1985
85-387 Board of Supervisors - General Plan amendment (previously certified
(Cont'd) EIR) from agricultural residential to orchard and field crops
on property zoned A-2 (general) located approximately 500 feet
south of OrovilTe-Chico Highway, 1400 feet east of the Midway,
identified as a portion of AP 40TO6-O4, Durham (Mersa, File 85-36)
(from 4/16/85). (CONTiNEJED TO ~IUNE 4, 1985).
Board of Supervisors - General Plan amendment (previously certified
EIR) from agricultural residential to orchard and field crops
of approximately 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 $5-27) {from 5/7/85). (COI~TINL~ED TO JUNE 4,
1985).
Planning Commission - rezone (item on which there was a previously
certified EIR) the areas zoned A-2 (general) located on the
agricultural side of the Chico greenline to zoning compatible
with the General P1 an {SR-i in agricultural residential areas,
agricultural zones except A-5, A-10) on property located on the
north side of Sell Road, southeast of Mud Creek, Chico (File 85-43)
{from 5/7/85).
Motion: ADOPTED ORDINANCE 2473 APPROVING REZONE FROM A-2 TO A-40
NOTING THAT IT DOES CONFORM TO THE GENERAL PLAN AND
CERTIFYING THE ENVIRONMENTAL IMPACT REPORT DONE FOR THE
CHICO AREA GENERAL PLAN IN 1982.
M S
Vote: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried}
85-388 Additional items from Board members:
1. Supervisor Wheeler reported that efforts to maintain current
formula regarding Timber Tax have been successful.
2. Supervisor Wheeler reported on the CSAC Conference.
3. Supervisor Wheeler informed the Board that an invitation had
been received from Madera County to tour their Department
of Corrections.
4. Supervisor Wheeler requested staff to find out haw much money
there is in uncollected property taxes, and to see if it would
be passible to have a period of forgiveness of penalties.
5. Supervisor Wheeler reported that NACo is going to continue
to lobby far Federal Revenue Sharing monies.
Page l5
May 21, 1985
85-388 6. Supervisor Dolan had received complaints against the Air
(Cont'd} Pollution Control District.
Motion: REFERRED COMPLAINTS OF ADMINISTRATION OE THE AIR POLLUTION
CONTROL DISTRICT TO SUPERVISORS DOLAN RND McLAUGHLIN
WHO MAKE UP THE AIR POLLUTION CONTROL COMMITTEE.
M S
Vote: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried}
7. Supervisor Dolan reported it had come to her attention that
in enacting an ordinance requiring fees an building permits
to pay for classrooms the fees were being imposed an "Aunt
Minnie's", and felt this is inappropriate. She was also
concerned about builders who are replacing present structures.
Motion: IF THE ORDINANCE DOES REQUIRE THE FEES ON "AUNT MINNIE`S,"
THE BOARD WILL AMEND THE ORDI~tANGE TO CHANGE THAT.
M S
Vote: 7 Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried}
{THE MATTER OF FEES FOR REPLACING EXISTING STRUCTURES WILL BE
BROUGHT BACK LATER.}
8. Supervisor McLaughlin requested a resolution for Richard
Landess, retiring school superintendent in Durham.
Motion: ADOPTED RESOLUTION 85-~77, AND AUTHORIZED THE CHAIRMAN
TO SIGN.
S M
Vote: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried}
9. Supervisor McLaughlin requested staff to look into a problem
with overgrowth in Cherofcee Canal.
10. Supervisor McLaughlin wondered about reconsideration of JTPA
Plan the Board approved at the last meeting. Apparently EDC
feels that money is available from PIC.
Motion: REQUESTED OTPA CONSIDER FUNDING ECONOMIC DEVELOPMENT
CORPORATION. DIRECTED THAT SUPERVISORS DOLAN AND McLAUGHLIN
MEET WITH THE ECONOMIC DEVELOPMENT CORPORATION TO TAKE
THAT MESSAGE TO PIC AND WORK IT OUT.
S M
Vote: 1 N 2 Y 3 Y 4 Y 5 Y (Motion carried)
Page 15
May 27 , 7 985
ADJOt1R~fMENT: There being nothing further before the Board at
this time the meeting was adjourned at 6:05 p.m.
C
Vice Chairman, Boar of Supervisors
ATTEST: MARTI~f J. NICHOLS
Chief Administrative Officer and
Clerk of the Board of Supervisors
By ~ ~ o~ C~'~~~D~..
Page 17
May 21, 1985