HomeMy WebLinkAboutM060485June 4, 1985
Ca11 to order - Board of Supervisors room, County Administration
Building, 25 County Center Drive, Oroville.
Present: Supervisors Dolan, Mclnturf, McLaughlin, Wheeler and
Chairman Fulton. Martin J. Nichols, chief administrative officer;
Del Siemsen, county counsel; and Cathy Pitts, assistant clerk
to the Board.
Pledge of allegiance to the Flag of the United States of America.
85-389 Additional items from Board members to be addressed at the end
of the day.
7. Supervisor Mclnturf - resolution for Tom Ooyle.
2. Supervisor Wheeler - certificates of appreciation for
Janet Taylor and Leroy Shipp - Victims Miitness Program.
3. Supervisor Wheeler - interpretation and clarification of
the scenic highway zone.
4. Supervisor Wheeler - resolutions for firefighter of the year
award.
85-390 Items removed from Consent Agenda for separate consideration:
1. General Assistance Fair Hearing Referee Agreement - Amendment
no. 1 to the agreement with Leo Battle has been prepared
covering an increase in the amount of compensation from $75
to $200 for each fair hearing conducted - action requested -
APPROVE AMENDMENT AND AUTHORIZE THE CNRIRMAN TO SIGN.
Page i8
June 4, 1985
June 4, 1985
2. Butte County Special DiStrlCtS` ASSOCiation - 5ubmit5 lt5
recommendations for the distribution of special district
augmentation funds for 1985-86 - action requested - REFER
TO CHIEF ADMINISTRATIVE OFFICER AND FOR CONSIDERATION DURING
FINAL BUDGET HEARINGS.
3. State Department of Water Resources - submits estimated charges
of state project water for calendar year 1986 - action
requested ACCEPT FOR INFORMATION.
4. County Super~isars Association of California - forwards jail
needs survey to be completed as the basis for potential 1986
Jail Bond Act ballot measure - action requested - REFER
TO CHIEF ADMINISTRATIVE OFFICER FOR COMPLETION IN CONSULTATION
WITH THE SHERIFF.
85-391
Consent Agenda
1. Amendment to minutes of May 7, 1955. AMEND MINUTE ORDER
85-53 (iO) TO REFLECT ADOPTION OF RESOLUTIOR 55-55 REGARDING
THE ADDITION OF A FOURTH SUPERIOR COURT JUDGESHIP.
2. Budget transfers. APPROVE BUDGET TRANSFERS B-262, B-267,
B-269, B-270, B-271, B-272, B-273, B-274, B-275, B-277, B-278,
B-279, B-280, B-281 AND B-282.
3. Community Development Block Grant Program application -
an application has been prepared under the economic de~eiopment
portion of the program for 1985-86 in the amount of $180,000
covering a loan and related administrative costs to a wild
rice processing project. SET PUBLIC HEARING DATE FOR JULY 2,
1985 AT 10:00 A.M.
4. M. Don Marshall - proposed negative declaration and rezone
from PA-C to SR-i (suburban residential - one acre parcels)
property located at the southeast corner of Shasta Avenue
and Cussick Road, identified as AP 42-34-49, Chico. SET
PUBLIC HEARING DATE FOR JULY 2, 1985 RT 10:15 A.M.
5. Russell, Williams, and. Clark - rezone {categorically exempt
from environmental review) from A-2 (general) and TP-160
(timber preserve - 160 acre parcels) to TM-i {timber moun-
tain - one acre parcels) for property located on the west
side of Weiss Hi11 Road, l/2 mile south of Forbestown Road,
identified as AP 43-11-15; 73-74-Ob, 11, Forbestown area.
SET PUBLIC HEARING DATE FOR JULY 2, 1985 AT 10:30 A.M.
Page 19
June 4, 1985
June 4, 1985
6. Cliff Johnsen - appeal of the Planning Commission's denial
of use permit (proposed negative declaration regarding
environmental impact) to allow five duplexes on four lots
on property zoned A-R (agricultural-residential} located
on the north side of Cleveland Street, 200 feet east of Martin
Street (B Street), identified as AP 46-73-02, Chapmantown
area, Chico. SET PDBLIC HEARING DATE FOR JULY 2, 1985 AT
11:00 A.M.
7. Appointment to the Public Defender Advisory Committee. APPOINT
GRADY DAMS AS THE BARRISTER ASSOCIATION REPRESENTATIVE.
8. Appointments to the Emergency Medical Services Committee.
APPOINT JOHN BLACKLOCK, PUBLIC MEMBER; AND DR. RONALD JOHNSEN,
MEDICAL SOCIETY REPRESENTATIVE TO SERVE THREE-YEAR TERMS.
9. Appointment to the JTPA Private Industry Council. REAPPOINT
FRANSCISCO PENA, EMPLOYMENT DEVELOPMENT DEPARTMENT
REPRESENTATIVE TO SERVE UNTIL JUNE 14, 1988.
10. Appointment to the Mental Health Advisory Board. APPOINT
BYRON SARTLEY, CONSUMER MEMBER, TO SERVE UNTIL DECEMBER 31,
1987.
17. Appointments to the Alcohol Advisory Board and Drug Abuse
Advisory Board. APPOINT DON BOWLBY, WINTOONA LOPEZ,
VIRGINIA LEWIS AND LARRY JONES TO THE-ALCOHOL ADVISORY BOARD
AND DRUG ABUSE ADVISORY BOARD TO SERVE t1NTIL JULY 1, 1988.
72. Appointment to Infrastructure Advisory Task Force. APPOINT
MIKE McENESPY TO SERVE AN UNDESIGNATED TERM.
13. Butte County Library donation - in accordance with Government
Code Section 25355, a donation of $200 has been received
from the Feather River Doll Guild (c/o Waldo Jane) far the
purchase of books. ACCEPT DONATION AND AUTHORIZE LETTER
OF APPRECIATION.
14. Dennis R, Hoptowit, attorney at law - on behalf of Gary Heil,
et al, submits claim in the amount of $2,500,000 far alleged
damages occurring on or about February 7, 7985 as a result
of an incident involving the Sheriff's Department in Oroville.
REJECT CLAIM AND REFER TO COUNTY COUNSEL AND RISK MANAGEMENT
COORDINATOR.
15. Legal Services of Northern California, Butte Regional Office -
on behalf of Adrian B. Shepard, submits a claim in the amount
of $10,000 for alleged damages incurred on various dates
since January 8, T985 resulting in denial of General
Assistance. REJECT CLAIM RND REFER TO COUNTY COUNSEL AND
RISK MANAGEMENT COORDINATOR.
Page 20
June 4, 1985
June 4, 1985
T6. Mental Health - fixed assets - the department requests authori-
zation to purchase five desks at an estimated cost of $380
each. Budget transfer 8-274 provides the necessary
appropriation. AUTHORIZE PURCHASE OF FIXED ASSETS.
77. Conveyance of development rights and open area easement -
Ken Collins - covers .compliance with the condition of approval
for the use permit on property identified as AP 24-04-46.
AUTHORIZE THE CHAIRMAN TO SIGN CONVEYANCE OF DEVELOPMENT
RIGHTS AND OPEN AREA EASEMENT.
18. Final map - Parham Subdivision - the developer has provided
bonds to guarantee maintenance of facilities for a period
of one year starting May 28, 7985 on the 31-Tot subdivision,
AP 27-78-76, property located east of the southerly end of
Grier Avenue, Palermo area. ACCEPT DEPOSIT BY DEVELOPER
FOR TAXES OR SPECIAL ASSESSMENTS WHICH ARE A LIEN BUT NOT
YET DUE OR PAYABLE, APPROVE FINAL MAP AND AUTHORIZE THE
CHAIRMAN TO SIGN THE SUBDIVISION AGREEMENT, NOTING THAT
EASEMENTS OFFERED FOR DEDICATION WERE NOT ACCEPTED AT THIS
TIME.
19. Final map - Oro Hills Subdivision - the developer has provided
bonds to guarantee maintenance of facilities for a period
of one year starting May 29, 1985 on the 16-lot subdivision,
AP 27-18-12 and 14, property located on the north side of
MacKintosh Avenue at the east end, Palermo area. ACCEPT
DEPOSIT BY DEVELOPER FOR TAXES OR SPECIAL ASSESSMENTS WHICH
ARE A LIEN BUT NOT YET DUE OR PAYABLE, APPROVE FINAL MAP
AND AUTHORIZE THE CHAIRMAN TO SIGN THE SUBDIVISION AGREEMENT,
NOTING THAT EASEMENTS OFFERED FOR DEDICATION WERE NOT ACCEPTED
AT THIS TIME.
2O. County Service Area 23 (Pleasant Valley Drainage District)
loan - a resolution has been prepared loaning $2,000 to
the district to be disbursed from the County Service Area
Loan Revolving Fund to be reimbursed in accordance with state
law, Budget transfer B-273 has been prepared to finalize
the loan appropriation. ADOPT RESOLUTION 85-78 AND AUTHORIZE
THE CHAIRMAN TO SIGN.
21. 7985-86 Tax and Revenue Anticipation Notes - a resolution
has been prepared authorizing the issuance of Tax and Revenue
Anticipation Notes, to pay operating expenses and other
obligations of the county, providing for the payment of such
notes, and maEcing other determinations in connection therewith.
ADOPT RESOLUTION 85-79 AND AUTHORIZE THE CHAIRMAN TO SIGN.
Page 21
June 4, T985
June 4, 1985
22. Assessment districts - resolutions have been prepared declaring
a surplus in improvement funds for various assessment districts
and covering the transfer of accrued interest from January 31,
1985 cutoff date to the General Fund or to offset
administrative casts. ADOPT RESOLUTIONS 85-80, 85-8i, 85-82,
85-83, 85-84, 85-85, 85-86, 85-87, 85-88, 85-89 and 85-90
FOR THE DISTRICTS INVOLVED AND AUTHORIZE THE CHAIRMAN TO
SIGN.
23. Chico Municipal Court - discharge of accountability for collec-
tion - the clerk of the court submits a listing of 90 criminal
accounts totaling $29,135 and 28 traffic accounts totaling
$2,346 applying far discharge of accountability pursuant
to Government Code Section 25257 which have been deemed
uncollectible. AUTHORIZE DISCHARGE FROM ACCOUNTABILITY.
24. Literacy program - an application has been prepared to the
Ca]ifornia State Library for establishment of a literacy
program under the California Literacy Campaign in the amount
of $84,477 and in-kind contributions, $9,500. AUTHORIZE
SUBMITTAL. OF APPLICATION.
25. Testing services -- Butte County Detention Facility -
J. H. Kleinfe1der and Associates - an agreement has been
prepared to provide materials testing services for the minimum
security/work release facility at the consultant's current
fee schedule at an estimated cost of $6,000. APPROVE AGREEMENT
AND AUTHORIZE THE CHAIRMAN TO SIGN.
26. 1984-85 Family Planning agreement amendment - the amendment
reduces the maximum amount payable from $47,951 to $42,000
to reflect actual billing activity during the year. APPROVE
CONTRACT AMENDMENT AND AUTHORIZE THE CHAIRMAN TO SIGN.
27. Department of Food and Agriculture agreements - revenue agree-
ments have been prepared with the State Department of Food
and Agriculture as follows in the amounts indicated:
Agricultura] Commissioner's salary {7076), $6,fi00; apiary
inspection/control 8 eradication (7136), $500; pesticide
use enforcement (7004), $33,186; egg quality control (7268},
$2,083.fi0; plant industry/nursery services {7197), $3,180;
and trapping, insect (7325}, $80,410. APPROVE AGREEMENTS
AND AUTHORIZE THE CHAIRMAN TO SIGN.
28. Mfork Training Center Socialization Program contract
amendment - the amendment extends services provided to include
assessment of skills areas related to food, clothing and
shelter for individuals thought to require LPS Conservatorship
and provides an additional $4,000 to cover contractor
difficulties in the start of the new program year. APPROVE
CONTRACT AMENDMENT AND AUTHORIZE THE CHAIRMAN TO SIGN.
Page 22
June 4, 1985
June 4, 1985
29. Acceptance of grant deed - Home Purchase Assistance Program -
as a result of potential time delays in property transactions
the consultant requests Board authorization to transfer title
of program properties when appropriate: AUTHORIZE THE CHAIRMAN
TO SIGN CERTIFICATES OF ACCEPTANCE ON INDIVIDUAL HOME PURCHASE
AS5ISTRNCE PROGRAM PROPERTIES WHEN TITLE TRANSFERS TO THE
COUNTY ARE APPROPRIATE.
30. 1981-82 CDBG Program closeout - the Department of Housing
and Urban Development has forwarded closeout documents for
the program which was fully expended in T984 and requests
a status report on the grant. AUTHORIZE THE CHAIRMAN TO
EXECUTE NOTICES OF COMPLETION TO BE RETURNED TO HUD WITH
STATUS REPORT.
31. Right-of-way acquisition - agreements for sale - Eaton Road
reconstruction, Project No. 59171-83-7 - Parcel. 26:
Land Impr: Total
Sergio Drestando & 1.82 acre $6,350 -O- $6,350
Maria Antonieta R. {0.47 net)
de Drestano
APPROVE AGREEMENTS FOR SALE, AUTHORIZE THE CHAIRMAN TO SIGN
AND AUTHORIZE THE AUDITOR TO TSSUE WARRANT UPON DEMAND
OF COUNTY'S ESCROW AGENT.
32. County supplementation - developmentally disabled children -
the Welfare Director requests county supplementation of $66
per month for four dependents (Social Service Case
Nos. 4C32583-1, 4C46690-3, 4058371-3, 42-18571-6} because
of the discrepancy between rates allowed by the State
Department of Social Services and State Department of
Developmental Disabilities. APPROVE COUNTY SUPPLEMENTATION
AS REQUESTED.
33. Permit to use fireworks -
tion has been made for
discharged at the North
APPROVE ISSUANCE OF PERMIT.
Pyro Spectaculars, Inc: - applica-
a public fireworks display to be
Forebay, Oroville on July 4, T985.
34. Communications.
a. Wreck Ohlson, Orovil]e - writes concerning the condition
of road repairs on Palermo Road. REFER TO DIRECTOR OF PUBLIC
WORKS.
b. Neighborhood Church, Chico - requests continuation of
Chico Clipper services on weekends as well as on midweek
evenings. REFER TO DIRECTOR OF PUBLIC WORKS.
Rage 23
June 4, 1985
June 4, 1985
c. Town of Paradise - in accordance with Government Code
Section 34092, forwards its Resolution 85-22 naming Calico
Lane within the town limits. ACCEPT FOR INFORMATION AND
REFER TO PUBLIC WORKS.
d. Association for Retarded Citizens Butte County, Inc_ -
submits a request far $13,054 in revenue sharing funds.
REFER TO CHIEF ADMINISTRATIVE OFFICER AND CONSIDERATION DURING
FINAL BUDGET HEARINGS.
e. Strive Center, Paradise - submits follow-up information
to the revenue sharing proposed use hearing. REFER TO CHIEF
ADMINISTRATIVE OFFICER AND CONSIDERATION DURING FINAL BUDGET
HEARINGS.
f. County Narcotic Task Force - statements of support have
been received for the proposed Inter-County Narcotic Task
Force. ACCEPT FOR INFORMATION.
g. Robert L, Hewitt, attorney at law - writes supporting
an increase of taxes upon liquor to provide a funding source
to combat a]cohol and drug abuse problems. ACCEPT FOR INFORMA-
TION.
h. State Reclamation Board - sends notification that adoption
of the final EIR on Chico Landing to Red Biuff -and approval
of the bank protection project wiiT be considered at their
June 21, 1985 meeting in Sacramento - action requested - ACCEPT
FOR INFORMATION.
MOTION: APPROVED CONSENT AGENDA WITH DELETIONS.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
Regular Arc ends
85-392 Items removed from Consent Agenda for Board consideration and action:
1. General Assistance Fair Hearing Referee Agreement - Amendment
Ho. 1 to the agreement with Leo Battle has been prepared covering
an increase in the amount of compensation from $75 to $200 for
each fair hearing conducted. APPROVE AMENDMENT AND AUTHORIZE THE
CHAIRMAN TO SIGN.
MOTION: TO APPROVE ACTION REQUESTED.
M S
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
Page 24
June 4, 1985
June 4, 1985
2. Butte County Special Districts' Association - submits its recommenda-
tions for the distribution of special district augmentation funds
for T985-8b.
MOTION: TO REFER TO CHIEF ADMINISTRATIVE OFFICER FOR CONSIDERATION DURING
FINAL BUDGET HEARINGS AND SET PUBLIC HEARING DATE FOR JULY 2,
T985 AT TO:OO A.M.
S M
VOTE: T Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried}
3. State Department of Water Resources - submits estimated charges
of state project water for calendar year T986. ACCEPT FOR INFORMATION.
MOTION: TO APPROVE ACTION AS REQUESTED.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
4. County Supervisors Association of Gaiifornia - forwards jail needs
survey to be completed as the basis for potential T986 Jail Bond
Act ballot measure.
MOTION: MOVE FOR ACCEPTANCE AND GIVE STAFF DIRECTION TO FILL OUT AND
SEND IN SURVEY ADDING FIVE-YEAR PROJECTED HISTORICAL PATTERN
OF COST.
S M
VOTE: ] Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried}
85-393 Presentation of Data Processing Master Plan and Annual Work Plan for
7985-86 as recommended by the Steering Committee. (350)
MOTION: MOVE TO ACCEPT MASTER PLAN AS HAS BEEN PRESENTED.
M S
VOTE: T Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
85-394 Discussion of Chico Unified School District fees relating to use permits
for second living units and Chapmantown rehabilitation involving
demolition of the old living unit and reconstruction of a new unit.
MOTION: MOTION OF INTENT TO WRITE AMENDMENT TO WAIVE FEES UNDER CERTAIN
CONDITIONS TO EXEMPT STRUCTURES THAT ARE REHABILITATED OR RECON-
STRUCTED WITHIN THE PERAMETERS OF A CODE VIOLATION OR REHABIL-
ITATION AREA.
M S
VOTE: T Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
RECESS: 9:58 a.m.
RECONVENE: 10:24 a.m.
SUPERVISORS DOLAN AND McLAUGHLIN ABSENT AT THIS TIME.
Page 25
June 4, T985
June 4, 1985
Public Hearings and Timed Items
$5-395 Bruce McDougal - abandonment of public road easement, portion of Oak
Way right-of-way, property located on the south side of Oak Way, 650± feet
southwest of its intersection with Highway 32, identified as AP 42-T4-720,
Chico. (1758}
SUPERVISOR DOLAN PRESENT AT THIS TIME.
MOTION: MOVE FOR APPROVAL AND ADOPT RESOLUTION 85-91
M S
VOTE: 7 Y 2 Y 3 Y 4 AB 5 Y (Unanimously carried}
85-396 Robert J. Bay - appeals the Planning Commission's denial of variance
to minimum lot size to allow a one acre parcel and a 3.40 acre parcel
in an AR-5 zone (agricultural residential - 5 acre parcel} (proposed
negative declaration regarding environmental impact) for property located
on the west side of Forest Ranch Road, 300 feet west of Highway 32,
identified as AP 63-T8-03, Forest Ranch. {1823} ** (00}
SUPERVISOR McLAUGHLIN PRESENT AT THIS TIME.
MOTION: NOTING THERE WAS A NEGATIVE DECLARATION DETERMINATION; FINDING
THE REQUIREMENT5 QF CEQA HAVE BEEN COMPLETED AND CONSIDERED;
FIND THAT THE PROPOSED PROJECT IS IN COMPLIANCE WITH BUTTE COUNTY
CODE SECTION 24-49, THAT THERE ARE SPECIAL CIRCUMSTANCES APPLICA-
BLE TO THE PROPERTY INCLUDING SIZE, SHAPE, TOPOGRAPHY, LOCATION
OR SURROUNDINGS, AND THE STRICT APPLICATION OF THIS CHAPTER
DEPRIVES THIS PROPERTY OF PRIVILEGES ENJOYED BY OTHER PROPERTY
IN THE VICINITY AND UNDER IDENTICAL ZONING CLASSIFICATION; AND
APPROVE THE VARIANCE TO ALLOW A ONE-ACRE PARCEL AND A 3.40-ACRE
PARCEL IN AN AR-5 ZONE (AGRICULTURAL RESIDENTIAL - 5 ACRE PARCEL)
FOR PROPERTY LOCATED ON THE WEST SIDE OF FOREST RANCH ROAD,
300 FEET WEST OF HIGHWAY 32, IDENTIFIED AS AP 63-T8-03, FOREST
RANCH.
M
VOTE: T 2 3 4 5 (Motion withdrawn}
MOTION: TO UPHOLD THE PLANNING COMMISSION"S DENIAL AND TO DENY APPEAL.
S M
VOTE: T 2 3 4 5 (See motion below)
MOTION: TO TABLE THE MOTION, WITH THE PURPOSE
AFTER THE BOARD CONSIDERS THE POLICY
RELATING TO DRAINAGE, WATER, ETC.
PERMITS AND VARIANCES.
M
VOTE : T Y 2 Y 3 Y 4 N 5 Y
Page 26
OF THE TABLING TO RECONSIDER
FOR PRELIMINARY INSPECTIONS
PRIOR TO APPLYING FOR USE
(Motion carried)
June 4, 1985
June 4, 1985
85-397 Neil H. McCabe, attorney at law -- on behalf of Gridley Assembly of God
Church - appeals the Planning Commission's conditions on use permit
{proposed negative declaration regarding environmental impact} to allow
the expansion of an existing church facility on property zoned A-5
{agricuTtura1-5 acre parcels) located on the east side of Humble Avenue,
350 feet south of East Gridley Road, identified as AP 24--OT-110, Gridley.
{58)
SUPERVISOR WHEELER ABSENT AT THIS TIME.
SUPERVISOR WHEELER PRESENT AT THIS TIME.
MOTION: MOTION OF INTENT TO CHANGE CONDITION NO. 4 AS FOLLOWS: CONSTRUCT
MODIFIED S-l8 PUBLIC ROAD APPROACH AT THE INTERSECTION OF HUMBLE
AVENUE AND ORO GRTDLEY HIGHWAY AS APPROVED BY THE DEPARTMENT
OF PUBLIC WORKS; AND CONDITION N0. ll AS FOLLOWS: MAINTAIN
300-FOOT SETBACK FOR BUILDINGS AS LONG AS THE ADJACENT PROPERTY
REMAINS IN AGRICULTURAL PRODUCTION; A 750-FOOT SETBACK FOR FOOD
CONCESSION STANDS; AND 100-FOOT SETBACK FOR DUGOUTS.
5 M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
85-398 Neil H. McCabe, attorney at law - on behalf of Chico Unified School
District, appeals the Advisory Agency's approval of Frank Brazell
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. (1014)
SUPERVISOR McLAllGHLIN ABSENT AT THIS TIME.
SPERVISOR McLAUGHLIN PRESENT AT THIS TIME.
MOTION: NOTING THE BOARD OF SUPERVISORS PREVIOUSLY ADOPTED A NEGATIVE
DECLARATION; FINDING THE PROJECT I5 IN CONFORMANCE WITH THE
GENERAL PLAN; AND APPROVE THE TENTATIVE PARCEL MAP, WITH CONDI-
TIONS IMPOSED BY THE ADVISORY AGENCY ON APRIL 29, 1985 AS SET
OUT IN APRIL 30, 7985 LETTER TO APPLICANT SETTING FORTH PUBLIC
WORKS CONDITIONS T THROUGH 11 AND HEALTH DEPARTMENT CONDITIONS 72
THROUGH 76, ADDING THE FOLLOWING CONDITION AS CONDITION T7:NOTA-
TION TO BE PLACED ON THE MAP THAT THE PROJECT IS SUBJECT TO
BUTTE COUNTY ORDINANCE 2463 AND RESOLUTION 85-40.
M S
VOTE: 1 N 2 Y 3 N 4 Y 5 Y (Motion carried)
SUPERVISOR WHEELER ABSENT AT THIS TIME.
85-399 Cliff Johnsen - appeals the Advisory Agency's denial of tentative parcel
map (proposed negative declaration regarding environmental impact),
AP 40-02-735, three parcels, property located on the south side of
MarybiTl Ranch Road approximately 4800 feet east of Midway in the Chico
area. (2631) *** {000)
Page 27
June 4, 1985
June 4, 1985
SUPERVISOR WHEELER PRESENT AT THIS TIME.
MOTION: TO CONTINUE AS A OPEN HEARING UNTIL DECEMBER 3, 1985 AT 10:30 A.M.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried}
CLOSED SESSION: The Board recessed at 12:49 p.m. to hold a closed session on
personnel, litigation, meet and confer and to have lunch.
RECONVENE: The Board reconvened at 7:52 p.m. following iunch and a closed session.
No announcements at this time.
SUPERVISOR WHEELER AND CHAIRMAN FULTON ABSENT AT THIS TIME.
85-400 Recognition of persons wishing to speak. (856)
SUPERVISOR WHEELER PRESENT AT THIS TIME.
T. Robert Bremer, Oroviile - county budget, particu7arTy the library
budget.
2. Larry Randa]1, Chico - school development fees and using them for
the purpose they were intended.
3. dames Hansen - enlarging the police state in Butte County.
4. Emily Fortier - requesting that they be allowed to burn at the Troxia7
Road and Duncan Way intersection.
CHAIRMAN FULTON PRESENT AT THIS TIME.
5. Norma Smith, Oroviile - budgetary deficiencies in Butte County.
6. Glen Miller, Concow - county budget deficiencies.
7. Frank Brazeil - questions of the Board on school development fee
requirement for his tentative parcel map.
8. Nell Lind, Oroviile - proposed Drug Task Force.
85-401 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-TO-47, one parcel, property located on the north
s7 de of Melody Lane, approximately 200 feet west of its intersection
with North Avenue, Chico area. (2306)
MOTION: TO UPHOLD THE APPEAL AND MOVE TO GRANT THE PROVISIONS OF A 29-FOOT
ACCESS EASEMENT.
S M
VOTE: T Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
Page 28
June 4, 1985
June 4, 1985
$5-402 Sutte County Planning Commission - hearing far the purpose of developing
land use planning policies for the Cohasset/Forest Ranch Planning Area
Committee. Hearing is to be based upon the report prepared by the
Cohasset/Forest Ranch Planning Area Committee on the following:
environmental constraints, fire protection, transportation and
circulation, water supply, wildlife and ecology, financing public
services, law enforcement. (2723} **** (0000)
SUPERVISOR DOLAN ABSENT AT THIS TIME.
(PUBLIC HEARING DATES SET FOR SEPTEMBER 17, 1985 AT 10:30 A.M. TO CONSIDER
ENVIRONMENTAL CONSTRAINTS; OCTOBER 1, 1985 AT 10:30 A.M. TO CONSIDER
FIRE PROTECTION, TRAN5PORTATION AND CIRCULATION; OCTOBER 15, 1985 AT
10:30 A.M. TO CONSIDER WATER SUPPLY, WILDLIFE AND ECOLOGY; AND NOVEMBER 5,
1985 AT 10:30 A.M. TO CONSIDER FINANCING PUBLIC SERVICES AND LAW ENFORCE-
MENT.}
85-403 Continued hearing - Fat Chap7a - appeal of Condition 6 (provide permanent
solution for drainage) and Condition 9 (provide an easement for and
construct portion of Crouch Ditch across parcel to Edgar Slough) on
tentative parcel map, AP 39-39-77, two parcels, property located on
the southeast corner of Diamond Avenue and Stanley Avenue, Chico area
(from 5/2i/85). (452}
SUPERVISOR DOLAN PRESENT AT THIS TIME.
SUPERVISOR McLAUGHLIN ABSENT AT THIS TIME.
SUPERVISOR McLAUGHLIN PRESENT AT THIS TIME.
SUPERUISOR WHEELER ABSENT RT THIS TIME.
SUPERVISOR WHEELER PRESENT AT THIS TIME.
MOTION: TO UPHOLD APPEAL OF CONDITIONS WITH CONDITION 6 NOT NECESSARY
RND CONDITION 9 CHANGED TO READ AS FOLLOWS: PROVIDE i2-FOOT
WIDE DRAINAGE EASEMENT ALONG THE EASTERN BOUNDARY OF THE PROPERTY.
INSTALL A 24-INCH PIPE THROUGH THE EASEMENT AND NECESSARY SLOPE
PROTECTION ALONG THE CHANNEL BANK AT THE POINT OF ENTRANCE,
WHICH WOULD BE EDGAR SLOUGH.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
85-404 Lippincott-Guth Associates - on b
Advisory Agency's denial of appeal on
impact report on tentative parcel
property located on the north side
3000 feet east of its intersection
{From 5/21/85}. (1176) {CONTINUED TO
ehalf of W.D. A7styne, appeal the
the requirement of an environmental
map, AP 56-41-17, four parcels,
of Platt Mountain Road approximately
with Highway 32, Forest Ranch area
JUNE 18, 1985 AT 10:30 A.M.}
RECESS: 3:32 p.m.
RECONVENE: 3:52 p.m.
SUPERVISOR DOLAN ABSENT AT THIS TIME.
Page 29
June 4, 1985
June 4, 7985
Closed Hearings
85-405 Manfred H. Erekson - The Church of Jesus Christ of Latter Day Saints -
proposed negative declaration and appeal of the Planning Commission's
denial of a use permit to allow the construction of a church chapel
and recreation area on property zoned A-5 (agricultural - 5 acre parcels)
for property located on the west side of French Avenue 600 feet north
of West Liberty Road identified as AP 2T-T3-1-16, Gridley area (from
5/23/85). (1208)
SUPERVISOR DOLAN PRESENT AT THIS TIME.
MOTION: FTND THAT THE REQUIREMENTS HAVE BEEN COMPLETED AND CONSIDERED
IN MAKING THIS DECISION AND ADOPT A MITIGATED NEGATTUE DECLARA-
TTON; FIND THAT THIS PROPOSED USE OF THE PROPERTY COMPLIES WITH
BUTTE COUNTY CODE S£CTTONS 24-35, 24-43, 24-47 AND WILL NOT
IMPAIR THE INTEGRITY AND CHARACTER OF THE ZONE IN WHICH THE
LAND LIES AND THAT THE USE WOULD NOT BE UNREASONABLY INCOMPATIBLE
WITH, OR INJURIOUS TO SURROUNDING PROPERTIES OR DETRIMENTAL
TO THE HEALTH AND GENERAL WELFARE OF THE PERSONS RESIDING OR
WORKING IN THE NEIGHBORHOOD OR TO THE GENERAL HEALTH, WELFARE
AND SAFETY OF THE COUNTY; AND APPROVE THE US£ PERMIT FOR A 14,760
SQUARE FOOT CHAPEL, l41 STALL PARKTNG LOT ON AP 21-13-T-16 FOR
MANFRED £RIKSON, LDS CHURCH, SUBJECT TO THE MITIGATION MEASURES
AND CONDITIONS AS SET FORTH IN PLANNING MEMO DATED MAY 29, 7985
WITH THE AFOREMENTIONED DELETIONS.
S M
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y {Unanimously carried}
85-406 Report on Closed Session. (1364)
MOTION: APPOINT DR. CHESTER WARD AS HEALTH OFFICER EFFECTIVE JULY 1,
1985 AT THE "C" STEP OF THE SALARY RANGE
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
85-407 General Plan amendments and rezone: {1407}
a. Butte County Planning Commission - proposed negative declaration
and General Plan amendment for frontage property from low density
residential to commercial and west of the MaIT from low density
residential to medium density residential and rezone from A-2 {general)
and R-i (single family residential} to N-C (neighborhood commercial);
A-2 to R-1; C-C (community commercial) to R-2 (duplex residential) and
R-1 to H-C (highway commercial) for property located on both sides of
East Avenue between Highway 99 and Cohasset, Chico (from 5/21/85},
b. Butte County Planning Commission - proposed negative declaration
and General Plan amendment to revise the General Plan Land Use Clement
of the Chico Urban Area to reflect existing development, servicing
constraints and achieve inter-governmental General Plan consistency
in the Chico Urban Area (from 5/21/85).
page 30
June 4, 1985
June 4, 1985
c. Board of Supervisors - General Plan amendment (previously certified
EIR) from agricultural residential to orchard and field crops on property
zoned A-2 (general) located approximately 500 feet south of Oroville-Chico
Highway, 1400 feet east of the Midway, identified as a portion of
AP 40-06-04, Durham (Merlo, File 85-3fi) (from 5/21/85).
d. Board of Supervisors - General Plan amendment (previously certified
EIR) from agricultural residential to orchard and field crops of
approximately l10 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-T16, Chico {South Fork, File
85-27) (from 5/21/85).
MOTION: EXCLUSIVE OF THE ZONING IN ITEM (A), FIND THE REQUIREMENTS OF
CEQA HAVE BEEN COMPLETED AND CONSIDERED IN MAKING THIS DECISION
AND ADOPT A NEGATIVE DECLARATION AND PREVIOUSLY CERTIFIED EIR
FOR THE PROPOSED PROJECTS AND" ADOPT RESOLIITIQN 85-92 APPROVING
THE PROPOSED GENERAL PLAN AMENDMENTS.
S M
VOTE: l Y 2 Y 3 N 4 Y 5 Y (Unanimously carried)
MOTION: FIND THAT THE PLANNING COMMISSION CONSIDERED A VARIETY OF REZONE
PROPOSALS ON THE SUBJECT PROPERTIES, HELD HEARINGS AND ACCEPTED
PUBLIC INPUT AND DETERMINED THAT THE RECOMMENDED ZONINGS ARE
SUITABLE FOR THESE PROPERTIES GIVEN THE HIGH TRAFFIC VOLUMES
AND PROXIMITY TO HIGHWAY 99 AND THE MALL; FIND THAT THE BOARD
OF SUPERVISORS HAS RECEIVED THE PLANNING COMMI55ION'S RECOMMENDA-
TIONS AND HELD HEARINGS ON SAME AS REQUIRED BY GOVERNMENT CODE
SECTION 65$56; FIND THAT THE REQUIREMENTS OF CEQA HAVE BEEN
COMPLETED AND CONSIDERED AND ADOPT R NEGATIVE DECLARATION REGARD-
ING ENVIRONMENTAL IMPACT; FIND THAT THE PROPOSED PROJECT MEETS
THE REQUIREMENTS OF THE BUTTE COUNTY CODE SECTIONS 24-33, 24-28,
AND THE BUTTE COUNTY GENERAL PLAN LAND USE ELEMENT, PAGES 50,
51 AND 53; AND ADOPT ORDINANCE 2474 REZONING AS PROPOSED, THE
PROPERTIES DESIGNATED ON TWE ATTACHED MAP FROM C-C TO R-2; A-2
TO R-1; R-1 TO H-C; R-1 AND A-2 TO C-C.
S M
VOTE: T Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
Regular Agenda
85-408 Consideration of proposed Nitrate Action P7 an amendments and sewer assess-
ment and storm drainage assessment district agreements within the greater
Chico urban area. (CONTINUED TO JUNE 78, 1985 REGULAR AGENDA.)(1590)
Page 33
June 4, 1985
June 4, 7985
85-409 Consideration of ordinance amending Section 19-11 of the Butte County
Code relating to sewage disposal (from 5/21/85). {1623)
MOTION: WAIVE THE FIRST READING OF THE ORDINANCE.
M S
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
85-410 Discussion of recommended procedure for consultant election for environ-
mental impact reports. (1709)
MOTION: MOTION OF INTENT TO ADOPT A RESOLUTION TO CHANGE THE ENVIRONMENTAL
REVIEW PROCESS OUTLINED IN THE MAY 30, 1985 MEMO EXCEPT IT WILL
BE THE PLANNING DIRECTOR WHO CHOSES THE BEST QUALIFIED CONSULTANT.
M S
VOTE: 1 Y 2 Y 3 Y 4 N 5 Y (Unanimously carried)
CHAIRMAN FULTON ABSENT AT THIS TIME.
85-411 Discussion of an agenda and setting of a joint meeting with the Planning
Commission (from 5/7/85). (MATTER TAKEN OFF AGENDA UNTIL AFTER BUDGET
SESSION.) (2563)
$5-412 Appointment to JTPA Private Industry Council. (COMMUNITY ACTION AGENCY
TO BE ASKED TO COME UP WITH ANOTHER NOMINATION.) (2616)
MOTION: TO APPOINT SHERMAN TOBIAS
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 AB (Motion carried)
85-413 Consideration of proposal for engineering services for feasibility study
on the use of Thermalito Canal water as the primary air conditioning
coolant far selected County Center buildings. (2649) ***** (00000)
CHAIRMAN FULTON PRESENT AT THIS TIME.
MOTION: MOVE TO CONTRACT SUBJECT TO RECEIVING CONCEPTUAL APPROVAL FROM
THE STATE OF CALIFORNIA AND TO PROCEED AFTER THE BUDGET IS IMPLE~
MENTED THIS YEAR.
S M
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Motion carried)
85-414 Report
Researc
(92)
MOTION:
VOTE:
from Chief
h report pri
TO REFER TO
M
TY 2Y
Administrative Officer on the Assembly Office of
posing a state water policy to allow water trading.
WATER COMMISSION.
S
3 Y 4 Y 5 Y (Unanimously carried)
Page 32
June 4, 1985
June 4, 1985
85-415 Additional items from Board members to be addressed at the end of the
day.
1. Supervisor McInturf - resolution for Tom Dayle. (344)
MOTION: ADOPT RESOLUTION 85-93 IN RECOGNITION OF TOM DOYLE ON HIS GRADUA-
TION FROM THE AIR FORCE ACADEMY.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
2. Supervisor Wheeler - resolutions for firefighter of the year award.
MOTION: ADOPT RESOLUTI0~1 85--94 FOR LEE SHERMAN, 1984 FIREFIGHTER OF
THE YEAR; RESOLUTION 85-95 FOR SOB MONTAGUE, 1983 VOLUNTEER
FIREFIGHTER OF THE YEAR; AND RESOLUTION 85-96 FOR JERRY DAVIS,
1984 VOLUNTEER FIREFIGHTER OF THE YEAR.
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
3. Supervisor Wheeler - certificates of appreciation for Janet Taylor
and Leroy Shipp - Victims Witness Program.
MOTION: TO PREPARE CERTIFICATES OF APPRECIATION FOR JANET TAYLOR AND
LEROY SHIPP FOR THEIR OUTSTANDING AND EXTRA-ORDINARY EFFORTS
IN DEALING WITH VICTIMS THROUGH THE VICTIMS WITNESS PROGRAM.
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
4. Supervisor Wheeler - interpretation and clarification for the scenic
highway zone far the Goslin's for property located at the corner
of E7 Monte and Highway 32.
MOTION: THAT THE BOARD WOULD INTERPRET THIS AS A SCHOOL TO ALLOW THEM
TO APPLY FOR A USE PERMIT.
S M
VOTE: 1 N 2 Y 3 Y 4 N 5 Y (Motion carried)
5. Martin J. Nichols, chief administrative officer - announced the
Board had held a closed session on litigation and meet and confer
and there was nothing to announced other than the appointment of
Dr. Ward.
CLOSED SESSION: The Board recessed at 5:08 p.m. to hold a closed session on a
personnel matter.
RECONVENE: The Board reconvened at 5:25 p.m. following a closed session on a
personnel matter. There were no announcements.
RECESS: The Board recessed at 5:25 p.m. to reconvene on Wednesday, June 5, 1985
at 71:30 a.m.
Page 33
June 4, 1985