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HomeMy WebLinkAboutM061885June 18, 1985 Call to order - Board of Supervisors room, County Administration Building, 25 County Center Drive, Oroville. Present: Supervisors Dolan, McInturf, Wheeler and Vice-Chairman McLaughlin; Martin J. Nichols, chief administrative officer; Del Siemsen, county counsel; and Rubye Townsley, deputy clerk of the Board. Absent: Chairman Fulton. (MR. NICHOLS ADVISED THE BOARD THAT IN THE CHAIRMAN'S ABSENCE, THE VICE CHAIRMAN WOULD PRESIDE AT THE MEETING AND BE AUTHORIZED TO SIGN DOCUMENTS INDICATED FOR THE CHAIRMAN'S SIGNATURE.) Pledge of allegiance to the Flag of the United States of America. 85-417 Additional items from Board members to be addressed at the end of the day. 1. Supervisor McInturf - presentation of certificate to Liz Dahlmeier. 2. Supervisor Wheeler - comments regarding the scheduled Water Commission meeting and meeting in Sacramento. 3. Vice Chairman McLaughlin - comments concerning Economic Development Corporation and PIC and repairs on the Skyway. 4. Supervisor McInturf made presentation of Certificate of Appreciation to Liz Dahlmeier at this time. 85-~18 Items removed from the Consent Agenda for separate consideration: {l65} 1. Approval of minutes. 2. Budget transfer B-302 and budget transfer B-303. Page 35 June 18, ]985 85-418 {Cont'd} 3. Resolution amending Resolution 85-40 relating to school facility fees for Chico Unified School District. 4. Report to the Board - Drake/Isom - denied rezone (item on which a supplement to a previously certified EIR is being used) from A-2 (general) and S-H (scenic highway) to R-C (resource conservation} and either A-R (agricultural residential}, A-SR (agricultural suburban residential}, SR-1/2 (suburban residential - 1/2 acre parcels} or FR-1/2 (foothill recreational - 1/2 acre parcels} an property located on the east side of Humboldt Road, five miles northeast from Highway 99E, property identified as AP 46-35-04, 23, 46-71-17, 18 (portion), Chico. 5. Paradise Justice Court - relief from accountability - the court submits a listing of four criminal accounts totaling $910 and 28 traffic accounts totaling $486 applying for discharge of accountability pursuant to Government Code §25257 which have been deemed uncollectible. (AMENDED ONLY, TO REFLECT 3 TRAFFIC ACCOUNTS, RATHER TBAN 28.) 85-419 Consent Agenda (199} 1. Budget transfers. APPROVED BUDGET TRANSFERS 8-295, 8-297, B-299, 8-300, B-301, BT 304, 8-305, B-306, 8-309, 8-310, 8-317, B-312, B-313, B-315. 2. Jim Crane - proposed negative declaration and rezone from N-C (neighborhood commercial}, TM-5 {timber mountain -5 acre parcels) and R-1 (single family residential} to C-C (community commercial) property located on various parcels of the northwest side of State Highway 32, on both sides of Nopel Drive, identified as AP b3-11-19, 63-14-16, 63-15-23 and 24, Forest Ranch. SET HEARING DATE FOR JULY Tb, 1985, AT 10:30 A.M. 3. The Butte County Local Agency Formation Commission has approved the formation of County Service Area No. 94. ADOPTED RESOLUTION 85-97 SETTING NEARING DATE FOR JULY 16, 1985, AT 1T:00 A.M. TO CONSIDER FORMATION OF CSA 94, AND AUTHORIZE CHAIRMAN TO SIGN. 4. NorthStar Engineering - on behalf of Irk Merlo, appeals the Planning Commission's denial of a use permit (item categorically exempt from environmental review) to allow the segregation of a one-acre homesite on property zoned A-10 (agricultural - 10 acre parcels}, property located 1,050 feet east of Lane Pine Avenue between Little Chico Creek and Edgar Slough, identified as AP 39-09-12, Chico. SET HEARING DATE FOR JULY 16, 1985, AT 11:30 A.M. Page 36 June 18, 1985 85-419 (Cont'd) 5. Appointment to the Mental Health Advisory Board. APPOINTED GRACE L. VEITH TO SERVE UNTIL DECEMBER 31, 1985. 6. Appointments to the Land Conservation Act Committee. APPOINTED VIC JUGUM AND CLARENCE W. DALEY. 7. Resolution proclaiming June 24-30, 1985 as Chamber of Commerce Week in Butte County. ADOPTED RESOLUTION 85-98 RND AUTHORIZED CHAIRMAN TO SIGN. 8. Butte County Library donation - in accordance with Government Code §25355, a donation of $200 has been received from Adri nne White of Orovi71e for the purchase of large-print books. ACCE TED DONATION AND AUTHORIZED LETTER OF APPRECIATION. 9. Butte County Library donation - in accordance with Government Code §25355, a donation of $100 has been received from a Chico Library patron for the purchase of books. ACCEPTED DONATION AND AUTHORIZED LETTER OF APPRECIATION. 10. Kamei A. 5aadoon - submits a claim in the amount of $700,000 for alleged damages incurred at an undesignated date while incarcerated in the Butte County Jail. REFERRED TO COUNTY COUNSEL AND RISK MANAGEMENT COORDINATOR. 11. Public Health - authorization is requested to purchase a pi petting machine for use in the Public Health laboratory in an amount not to exceed $1,200. AUTHORIZED PURCHASE OF FIXED ASSET. 12. Department of Public Works - authorization is requested to purchase two radio base stations, two OC remotes, one antenna and accessories in an amount not to exceed $3,500. AUTHORIZED PURCHASE OF FIXED ASSETS. 13. County Administrative Office - authorization is requested to purchase computer software in an amount not to exceed $335 with funding coming from existing funds in the department`s budget. AUTHORIZED PURCHASE OF FIXED ASSETS. 14. Ordinance amending Section 19-11 of the Butte County Code relating to sewage disposal. WAIVED THE SECOND READING, ADOPTED ORDINANCE 2475 AND AUTHORIZED THE CHAIRMAN TO SIGN. 15. Resolution amending Resolution 81-182 establishing procedures far consultant election for environmental impact reports. ADOPTED RESOLUTION 85-99 AND AUTHORIZED THE CHAIRMAN THE TO SIGN. 16. Resolution approving annexation to County Service Area No. 88. ADOPTED RESOLUTION 85-100 AND AUTHORIZED THE CHAIRMAN TO SIGN. Page 37 June 18, 1985 85- 419 (Cont'd} 77. Report to the Board - Harold Schooier - denied code amendment and rezone (proposed negative declaration) from A-40 (agricultural 40 acre parcels) to C-A {commercial airport} for property located approximately 4000 feet west of State Highway 99, approximately one mile north of the Meridian Road intersection, identified as AP 47-10-139 {portion}; Chico. ACCEPTED FOR INFORMATION. 18. Final map - Daisy Subdivision #2 - AP -55-44-88, 30 lots property located on the east side of Pentz Road, approximately 900 feet south of Country Club Drive, in the Paradise area. The developer has provided a cash deposit to guarantee construction of improvements. ACCEPTED DEPOSIT BY DEVELOPER FDR TAXES OR SPECIAL ASSESSMENTS WHICH ARE A LIEN BUT NOT YET DUE OR PAYABLE. APPROVED FINAL MAP. ACCEPTED EASEMENTS AS GRANTED IN THE OWNER'S CERTIFIGATE ON BEHALF OF THE PUBLIC. ACCEPTED GRANT IN FEE SIMPLE FOR MALIBU DRIVE AND ONE-FOOT NO-ACCESS STRIPS AS OFFERED IN THE OWNER'S CERTIFICATE. AUTHORIZED CHAIRMAN TO SIGN SUBDIVISION AGREEMENT. AUTHORIZED PUBLIC ACCESS ACROSS THE ONE-FOOT NO-ACCESS STRIP BETWEEN LOTS 9 AND i0 OF DAISY SUBDTVTSION UNIT NO. 1. 79. Final map - Merio Subdivision - AP 42-16-56, four lots property located on the southwest corner of Bidwell Avenue and West Sacramento Avenue in Chico. ACCEPTED DEPOSIT BY DEVELOPER FOR TAXES OR SPECIAL ASSESSMENTS WHICH ARE A LIEN BUT NOT YET DUE OR PAYABLE. APPROVED FINAL MAP. ACCEPTED EASEMENTS AS GRANTED IN ITEM A OF THE OWNER'S CERTIFICATE DN BEHALF DF THE PUBLIC. ACCEPTED GRANT IN FEE SIMPLE FDR SACRAMENTO AVENUE AS OFFERED IN ITEM B OF THE OWNER'S CERTIFICATE. (NOTE: NO CONSTRUCTION WAS REQllIRED; THEREFORE, NO SUBDIVISION AGREEMENT WAS PROVIDED.) 2D. Letter to the Chico city Council regarding endironmentai impact report on North Valley Plaza Mall annexation, including a request for the impact report to consider fiscal impacts. AUTHORIZED CHAIRMAN TO SIGN THE LETTER. 2l. Special District Augmentation Fund - the Auditor/Controller submits a report estimating the Special District Augmentation Fund to be $1,200,000 for fiscal fear 1985-86. ACKNOWLEDGED NOTIFICATION OF THE AMOUNT AVAILABLE IN THE SPECIAL DISTRICT AUGMENTATION FUND FOR 1985-85; SET HEARING DATE FOR JULY 2, 7985, AT 10:00 A.M.; AUTHORIZED WRITTEN NOTICE TO THE LEGISLATIVE BODY OF EACH SPECIAL DISTRICT; AND AUTHORIZED PUBLICATION OF SUCH NOTICE IN A NEWSPAPER OF GENERAL CIRCULATION NOT LESS THAN THREE (3) DAYS PRIOR TO THE HEARING. Page 38 June 18, 1985 85-419 (Cont'd) 22. Destruction of records - pursuant to Government Code §26201 the Auditor/Controller requests authorization to destroy certain records which have been microfilmed. AUTHORIZED DESTRUCTION OF RECORDS SPECIFIFiED BY AUDITOR iN HIS MEMO DATED JUNE 11, 1985, IN ACCORDANCE WITH GOVERNMENT CODE §SECTION 26201. 23. Resolution estab]ishing appropriations limit of $28,483,707 for the County of Butte for fiscal year 1985-86 as required by Section 7970, Division 9, of the California Government Code. ADOPTED RESOLUTION 85-101 ESTABLISHING APPROPRIATIONS LIMIT AND AUTHORIZED THE CHAIRMAN TO SIGN. 24. Resolution establishing appropriations limit for Special Districts under control of the Butte County Board of Supervisors far fiscal year 1985-86 as required by Section 7910 of the California Government Cade. ADOPTED RESOLUTION 85-102 ESTABLISHING APPROPRIATIONS LIMIT FOR SPECIAL DISTRICTS AND AUTHORIZED THE CHAIRMAN TO SIGN. 25. Status of investments - the Treasurer submits the May 1985 report in accordance with AS 1073 and the County Investment Policy. ACCEPTED REPORT. 26. Paradise Justice Court - relief from accountability - the court submits a listing of four criminal accounts totaling $910 and three traffic accounts totaling $486 applying far discharge of accountability pursuant to Government Code §25257 which have been deemed uncollectib7e. AUTHORIZED RELIEF FROM ACCOUNTABILITY. 27. Department of Social Services - a revenue agreement for FY 1985-86 has been prepared with the State Department of Social Services to continue Child Abuse and Neglect Prevention Programs in Butte County in an amount not to exceed $94,596. ADOPTED RESOLUTION 85-703 APPROVING AGREEMENT AND AUTHORIZED THE CHAIRMAN TO SIGN. 28. Residential treatment service agreements - the Director of Mental Health requests approval of an agreement with Crestwood Manor, Modesto for an expenditure not to exceed $75,890 and agreement with Crestwood Manor, Sacramento, far an expenditure not to exceed $14,276. Both agreements are for residential treatment services for the period November 1, 1984, through June 30, 1985. APPROVED AGREEMENTS AND AUTHORIZE THE CHAIRMAN TO SIGN. 29. Butte County Victim Witness Program - a resolution has been prepared authorizing the Chief Probation Officer to submit a grant application for $80,000 to fund the Victim Witness Program in FY 1985-86. ADOPTED RESOLUTION 85-104 AND AUTHORIZE THE CHAIRMAN TO SIGN. Page 39 June 18, 7985 85- 419 (Cont'd) 30. Psychological testing services - two professional firms have responded to the invitation for bids for psychological testing for peace officers. The evaluating committee recommends award of bid to William Shear Associates, Inc., at the rate of $370 per candidate examination. AUTHORIZED PERSONNEL DIRECTOR TO EXECUTE A CONTRACT WITH WILLIAM SHEAR ASSOCIATES, INC., TO PROVIDE PSYCHOLOGICAL TESTING SERVICES FOR PEACE OFFICERS. 3]. Coordinated operating agreement between U.S. Bureau of Reclamation and Department of Mater Resources. REFERRED THE AGREEMENT TO THE BUTTE COUNTY WATER COMMISSION FOR REVIEW AND RECOMMENDATION. 32. ~lorkers' compensation the Risk Management Gates, McDonald t administration at th and at the rate of presently paying $120 THE CHAIRMAN TO SIGN. claims administration services contract - Coordinator submits a renewal agreement with o provide workers' compensation claims e rate of $140 per claim during FY 1985-$6 $150 per claim during FY 1986-87. We are per claim. APPROVED AGREEMENT AND AUTHORIZED 33. Contract for mechanical engineering evaluation services - per the Consent Degree, a contract has been prepared for evaluation services of the hearing, ventilation and air conditioning systems at the Butte County Jail_ APPROVED AGREEMENT IN AN AMOUNT NOT TO EXCEED $8,931 AND AUTHORIZED THE CHAIRMAN TO SIGN. 34. Consultant services agreement - the Chief Administrative Officer requests authorization to contract for consultant services for the North Palley Plaza Mall annexation. APPROVED AGREEMENT AND AUTHORIZED THE CHAIRMAN TO SIGN. 35. Transcription service agreement - the Chief Administrative Officer requests authorization to contract with J-B Secretarial Services for legal and administrative transcript services at the rate of $6.00 an hour. APPROVED AGREEMENT AND AUTHORIZED THE CHAIRMAN TO SIGN. 36. Amendment No. 2 to agreement for transporatian services in the Paradise Urban Area for handicapped citizens and senior citizens the amendment provides for Suite County to continue administering the Paradise Express subsidized taxi service contract and for the town of Paradise to pay the county $3,700 for administrative services. APPROVED AMENDMENT N0. 2 TO THE AGREEMENT AND AUTHORIZED THE CHAIRMAN 70 SIGN. 37. Amendment No. 7 to agreement for operation of Butte County Transit - the amendment provides for continuation of the Butte County Transit System as operated by Westcoach, Inc., of Chico, through June 30, 7986. The system is funded jointly by Butte County and the five incorporated cities. The county portion of the contract is $728,454 and comes from state transit assistance (SB 620) funds. APPROVED. THE AMENDMENT RND AUTHORIZED THE CHAIRMAN TO SIGN. Page 40 June 18, 1985 85-47 9 (Cont'd} 38. 18th Street reconstruction project - an agreement has been prepared with the City of Oroville to provide engineering services and contract administration for the city's portion of the project. Revenue agreement is estimated at $18,000. APPROVED AGREEMENT AND AUTHORIZED THE CHAIRMAN TO SIGN. 39. CDBG loan approval - the county CDBG consultant submits suggestions for streamlining the loan approval process. APPOINTED SUPERVISOR DOLAN, SUPERVISOR McINTURF AND WARD CONNERLY TO TH£ REHABILITATION LOAN COMMITTEE; AND AUTHORIZED CHIEF ADMINISTRATIVE OFFICER OR DESIGNATED DEPUTY TO EXECUTE LOAN DOCUMENTS. 40. Right-of-way exchange - an agreement has been prepared allowing for an exchange of right-of-way with Bruce McDougal for other right-of-way along Oak Way which is needed for road purposes. APPROVED AGREEMENT FOR EXCHANGE OF PROPERTY, ADOPTED RESOLUTION 85-105 AND AUTHORIZED THE CHAIRMAN TO SIGN AGREEMENT AND THE QUIT CLAIM~DEED. 41. Resolution authorizing execution of Program Supplement No. 38 covering funding far Ord Ferry Road Bridge at Angel Slough, Bridge Replacement Project No. BRRS-V460(1} total cost of the project is estimated at $815,OO0, with $652,000 being funded by the federal government and $163,000 funded by the county as proposed in the 1985-86 Public Works budget. ADOPTED RESOLUTION 85-106 AND AUTHORIZED THE CHAIRMAN TO SIGN. 42. Approval of plans and specifications - Ord Ferry Road at Angel Slough, Bridge Replacement Project No. BRRS-V460(l}. Plans and specifications have been completed. APPROVED FUNDING FROM PROPOSED 7985-86 PUBLIC WORKS BUDGET; APPROVED PLANS AND SPECIFICATIONS; AUTHORIZED CHAIRMAN AND DIRECTOR OF PUBLIC WORKS TO SIGN PLANS; ADOPTED WAGE SCALE; SET BID OPENING JULY 1l, 7985 AT 17:00 A.M. IN PUBLIC WORKS OFFICE. 43. Road closure - Richvale Highway and East Avenue - Southern Pacific Transportation Company crossings. APPROVED CLOSURE REQUEST AND AUTHORIZED COUNTY TO PROVIDE SIGNING AND CROSSING PAVING. 44. Resolution setting hearing date to determine public necessity, health, safety or welfare for the formation of an underground utility district on the Esplanade, Chico: ADOPTED RESOLUTION 85-707 SETTING HEARING DATE FOR JULY 16, 1985, AT 17:45 A.M: Page 41 June 18, 1985 85-419 (Cont'd} 45. Penalty abatement requests - change of ownership reports. APPROVED PENALTY ABATEMENT REQUESTS AS RECOMMENDED 8Y CHIEF ADMINISTRATIVE OFFICER AS FOLLOWS: SOUTHLAND CORPORATION, AP 033-39-0 001-0; JOHN R PATRICIA SINGER, AP 050-2T-1-082-0; HURRAY & HELEN SCHMIDT, AP 052-O1-0-046-0; R & R ENTERPRISES, INC., AP 004-20-2-006-0; STEPHEN & DENISE HUGHES, AP 045-11-3-018-0; JOHN P. & JEANNETT R. COOPRIDER, AP 02T-08-0-027-0; RALPH G. MILLER, AP 058-33-0-035-0; DOUGLAS & DIANA LAWSON, AP 036-05-0-145-0; FREDERICK J. & VIRGINIA S. SANDOZ, AP 045-08-2-075-0; DAVID L. & DEBRA G. NELSON, AP 007-40-0-OTT-O; GERTRUDE M. KENDALL, AP 041-08-0-T06-0; MR. & MRS. JIM HOCKSTAFF AND MR. & MRS. FRANK TERSTEGGE, AP 005-36-0-008-0; JOHN R. ~ BARBARA S. GOMEZ, AP 002-41-1-010-0; JACK H. BARYON, AP 065-34-0-033-0; BANK OF AMERICA NT & SA, OREO MARKETING NORTH #3361, AP 025-24-0-078-0; CARLETON & JOAN SOMMER, AP 039-31-0-005-0; TONY A. & SHIRLEY JEAN WORTHAM, AP 048-06-3-035-D; MARGARET R. SELKIRK, AP 005-06-4-006-0; THOMAS & LINDA MALONE, AP 006-27-0-024-0; LYLE & SUZIE BENEDICT, AP 050-73-0-072-0; EUGENE & RDA MAE BROWN, AP 025-31-0-070-0; HARRIS LANDOWNING CORPORATION, AP 029-14-0-003-0 (PIN), SERIAL NOS. 85-4594 AND 85-4595; D & C ENTERPRISES, INC., AP 072-45-0-OOT-O AND -002-0; CARL A. & MELVA M. VOLLERSON, TRUSTEES, AP 062-38-0-008-0; AND DENIED REQUESTS AS RECOMMENDED BY CHIEF ADMINISTRATIVE OFFICER A5 FOLLOWS: AMANDA L. ROULLETT, AP 036-74-0-012-0; MR. & MRS. DENNIS BOHNEMAN, AP 064-25-0-O1T3-0; MR. & MRS. STEPHEN B. LUNDIN, RP 042-30-0-013-0; AND JIM BAKER, ET RL, AP 077-02-045-0. 46. Meru advancement - the Director of Public darks requests consideration of a merit advancement from Step A to Step B effective July 3, 1985. APPROVED MERIT ADVANCEMENT. 47. Waterfowl Habitat Easement Program - a letter has been received requesting Board authorization to include additional acreage in the U.S. Fish and Wildlife Service Waterfowl Habitat Easement Program. APPROVED RICHARD LINO YANNELLI'S REQUEST TO INCLUDE 80 ACRES AND RICHARD BHRTLESON'S REQUEST TO INCLUDE 70 ACRES. 48. General Assistance Regulations - the We]fare Director submits changes pursuant to court decision of Jennings vs Janes. APPROVED GENERAL ASSISTANCE REGULATIONS CHANGES AS SUBMITTED. 49. Communications: a. County Narcotic Task Force - statements of support have been received for the proposed Inter-County Narcotic Task Force. ACCEPTED FOR INFORMATION. Page 42 June T8, 1985 85-419 (Cont'd) Communications (continued} b. Tyme Maidu Tribe - Berry Creek Rancheria - writes to request Board of Supervisors' support for their proposed acquisition of 234 acres of BLM land near Berry Creek. REFERRED TO PLANNING DIRECTOR AND GOUNTY COUNSEL FORA REPORT AND RECOMMENDATION. c. County Library System - letters have been received in opposition to reducing funding far the County Library System. ACCEPTED FOR INFORMATION. d. Monterey County Board of Supervisors - writes to encourage active opposition to AB 2206 {Cortese): property tax revenue allocations and transfers. REFERRED TO CHIEF ADMINISTRATIVE OFFICER. e. San Bernardino Board of Supervisors - writes to request support for SB 210 (Ayala) - Water Quality Bond Act of 1986. REFERRED TO WATER COMMISSION FORA REPORT AND RECOMMENDATION. f. U.S. Arnty Corps of Engineers - submits an application to place concrete bridge footing and rock riprap during replacement of the 6ianella Bridge on Sacramento the River. ACCEPTED FOR INFORMATION. g. Ralph W. Carlson, Richvale - writes concerning possible county employee layoffs. ACCEPTED FOR INFORMATION. h. Wayne C. Turner, Oroville - writes concerning county fiscal affairs. ACCEPTED FOR INFORMATION. i. State Reclamation Board - forwards final environmental impact report on the Sacramento River Riprapping Project from Chico Landing to Red Bluff (copy on file with Clerk of the the Board}. ACCEPTED FOR INFORMATION. Motion: APPROVED CONSENT AGENDA. M 5 Vote: l Y 2 Y 3 Y 4 Y 5 AB {Motion carried) Regular Agenda 85-420 Approval of minutes. (MINUTES OF JUNE 4, 1985, AMENDED AS FOLLOWS: THIRD MOTION OF MINUTE ORDER 85-396 TO READ, "TO TABLE THE MOTION, WITH THE PURPOSE OF THE TABLING TO RECONSIDER AFTER THE BOARD CONSIDERS THE POLICY FOR PRELIMINARY REVIEW AND APPROVAL BY RESPONSIBLE DEPARTMENTS RELATING TO DRAINAGE, WATER, ETC., PRIOR TO APPLYING FOR USE PERMITS AND VARIANCES." MOTION OF MINUTE QRDER 85-~E05 TO READ, "FIND THAT THE REQUIREMENTS OF CEQA HAVE Page 43 June 18, 1985 85-420 (Cont'd) 85-42T (203) 85-422 (271) BEEN COMPLETED AND CONSIDERED IN MAKING THIS DECISION AND ADOPTED A MITIGATED NEGATIVE DECLARATION; FIND THAT THIS PROPOSED USE OF THE PROPERTY COMPLIES WITW BUTTE COUNTY CODE SECTIONS 24-35, 24-43, 24 47 AND WILL NOT IMPAIR THE INTEGRITY AND CHARACTER OF THE ZONE IN WHICH THE LAND LIES RND THAT THE USE WOULD NOT BE UNREASONABLY INCOMPATIBLE WITH, OR INJURIOUS T0, 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 USE PERMIT FOR A 14,760 SQUARE FOOT CHAPEL, 141 STALL PARKING LOT ON AP 2T-13-T-T6 FOR MANFRED EREKSON, LDS CHURCH, SUBJECT TO THE MITIGATION MEASURES AND CONDITIONS RS SET FORTH IN PLANNING MEMO DATED MAY 29, ]985, WITH THE FOLLOWING CORRECTION DELETING ANY REFERENCE TO THE SOFTBALL FIELDS, CONCESSION STAND, AND RESTROOMS AND CHANGING CONDITION 8 AS FOLLOWS: 'PROVIDE DESIGN FOR SEWAGE DISPOSAL SYSTEM BASED ON CHURCH SEATTNG CAPACITY. MAXIMUM WATER FLOW AND PERCOLATION DATA."') Motion: APPROVED MINUTES OF MAY 21, 1985; APPROVED MINUTES OF JUNE 4, 7985, AS AMENDED; APPROVED MINUTES OF JUNE 5, 1985. M S Vote: l Y 2 Y 3 Y 4 Y 5 AB (Motion carried} Budget transfer B-302 and budget transfer B-303. {BUDGET TRANSFER B-302 WILL BE TAKEN UP WITH AGENDA ITEM 4.05. BUDGET TRANSFER B-303 AMENDED TO ADD $2,000 FROM UNANTICIPATED RESERVES, MAKING A TOTAL TRANSFER OF $9,900.} Motion: APPROVED AMENDED BUDGET TRANSFER B-303. M S Vote: l Y 2 Y 3 Y 4 Y 5 AB {Motion carried} Resolution amending Resolution 85-40 relating to school faci]ity fees for Chico Unified School District. Motion: ADOPTED RESOLUTION 85-1Q8 WITH THE AMENDMENT THAT IT BE RETROACTTVE TO THE DATE OF APPROVAL OF THE ORDINANCE SETTING THE FEES. M S Vote: l Y 2 Y 3 Y 4 Y 5 AB (Motion carried) 85-423 Report to the Board - Drake/Isom - denied rezone (item on which a {379) supplement to a previously certified EIR is being used) from A-2 (general} and S-H (scenic highway) to R-C (resource conservation) and either A-R (agricultural residential), A-SR (agricultural suburban residential}, SR-l/2 (suburban residential - l/2 acre parcels} or FR-T/2 {foothill recreational 1/2 acre parcels) on property Tocated on the east side of Humboldt Road, five miles northeast from Highway 99E, property identified as AP 46-35-04, 23, 46-71-17, 18 {portion), Chico. (ACCEPTED FOR INFORMATION. HEARING DATE TO BE SET LATER IN THE MEETING.) Page 44 June 18, 1985 85-424 {5~8) Additional item: 1. Sheriff Brooks requested that the Board accept the third canine unit, and authorize drag and alcohol abase program contract with Family Services. He also advised the Board of a formation of a citizens' committee to study the Sheriff's budget. Motion: ACCEPTED THE DOG, AND AUTHORIZED THE SHERIFF TO INCUR MAINTENANCE EXPENSES FOR THE BALANCE OF THE FISCAL YEAR FROM TH£ APPROPRIATIONS WITHIN THE SHERIFF'S DEPARTMENT. AUTHORIZED LETTERS OF THANKS TO DEPUTY VAN GOTTMAN, MR. SCHRODER, CHICO ELKS CLUB ANC PARADISE VETERANS, POST 259. S M Uote: 1 Y 2 Y 3 Y 4 Y 5 AB (Motion carried} Motion: APPROVED FAMILY SERVICES CONTRACT SUBJECT TO THE APPROVAL OF AUDITOR AND OCJP, AND AUTHORIZE THE CHAIRMAN TO SIGN. S M Vote: l Y 2 Y 3 Y 4 Y 5 AB (Motion carried) {The Sheriff informed the Board of the membership of the Citizen's Committee to study the budget in the Sheriff's Department, and requested appointments from the Board. NO APPOINTMENTS MADE RT THIS TIME.) Regular Agenda 85W425 Consideration of proposed Nitrate Action Plan amendments and sewer (1093) assessment and storm drainage assessment district agreements within the greater Chico Urban Area. (CONTINUED TO JULY 2, 1985.) 85-426 Additional items: (1290) 7. Supervisor Wheeler reported on meeting with legislators on fiscal matters which she and Mr. Nichols attended in Sacramento on June 17. (SUPERVISOR DOLAP', ABSENT AT THIS TTME) Page 45 June 18, 1985 Public Hearings and Timed Items 85-427 {1715 A. L. &aither and Loren &. Lewis - abandonment - portion of Old St4Yway right-of-way at Magalia (File 85-57). Motion: ADOPTED RESOLUTION 85-109 APPROVING ABANDONMENT. S M Vote: l Y 2 AB 3 Y 4 Y Recess: 10:03 a.m. 5 AB (Motion carried) Reconvene: T0:20 a.m. Regular Agenda. 85-428 (1762} 85-429 (1898) (SUPERVISOR DOLAN PRESENT AT THIS TIME.) Discussion of 18-month review of conditional zoning. Motion: REQUESTED A REVIEW Ah'.lVUALLY. M S Vote: l Y 2 Y 3 Y 4 Y 5 AS {Motion carried} Public Warks Director's report on bid opening for Eaton Road; Burnap Avenue and Godman Avenue; and pavement overlay protect. Motion: ANARDED SIDS AS FOLLOWS: EATON ROAD, FAU PROJECT N0. M-V359{l) TO BUTTE CREEK CONSTRUCTION COMPANY IN THE AMOUNT OF $329,271, SUBJECT TO GALTRANS AND FHWA APPROVAL; SURNAP AND GODMAN AVENUES, PROJECT N0. 59195D-84-1 TO J. E. ~IcAMIS, INC., IN THE AMOUNT OF' $115,028; PAVEMENT OVERLAY, PROJECT N0. 43341-84-1 TO BUTTE CREEK CONSTRUCTION COMPANY IN THE AMOUNT OF $211,108. M S Uote: l Y 2 Y 3 Y 4 Y 5 AB (Motion carried) Pu67ic Hearings and Timed Items 85-430 Continued hearing - Lippincott-Guth Associates -- on behalf of (2098} 1~.D_ Alstyne, appeal the Advisory Agency's denial of appeal 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 (From 6/4/85). (CONTINUED TO JULY 2, 1985, AT 11:30 A.M.) Page 46 June 18, 1985 Regular Agenda 85-431 Report by Chief Administrative Officer on the bid opening held June 6, {2170} 1985 for the second phase of construction of the minimum security detention facility. Motion: AWARDED BID N0. 56-85 FOR THE BASE BID ANC ALTERNATES I AND II TO THE LOWEST RESPONSIBLE BIDDER, NlQDERN STEEL CONSTRUCTION DBA NfQDERN BUILDING CONEPANY, $1,330,169 AS RECOMNENDED IN CHIEF ADMINISTRATIVE OFFICER'S LETTER DATED JUNE 11; APPROVED BUDGET TRANSFER B-302. S M Vote: l Y 2 Y 3 Y 4 Y 5 AB (Motion carried) 85-432 Report by Chief Administrative Officer concerning the resignation (2710) of Bill Thompson, executive director, Community action Agency; the appointment of an interim director; and selection process far a new executive director. Mat.ion: ACCEPTED RESIGNATION OF MR. WILLIAM THOMPSON EFFECTIVE JUNE 28, 1985, AND AUTHORIZED A LETTER FROM THE BOARD INDICATING APPRECIATION FOR THE FINE JOB HE HAS DONE; APPOINTED DIANNE DOTSON AS ACTING EXECUTIVE DIRECTOR, EFFECTIVE JUNE 79, 1985; AGREED TO THE RECRUTTMENT AND SELECTION PROCESS OUTLINED IN LETTER FROM CHIEF ADMINISTRATIVE OFFICER DATED JUNE 13, APPOINTING MR. NICHOLS AND JIM RACKERBY TO SERVE AS THE COUNTY REPRESENTATIVE ON THE SCREENING COMN:ITTEE. S M Vote: l Y 2 Y 3 Y 4 Y 5 A8 {Motion carried) {INTRODUCTION OF MS. DOTSON TO THE BOARD AT THIS TIME.) 85-433 Appointment to Assessment Appeals Board. ~* 00 Motion: APPOINTED JOHN PAYNE AS HEARING OFFICER AND REAPPOINTED WILLIAM TALLEY TO THE APPEALS SOARD. M S Vote: l Y 2 Y 3 Y 4 Y 5 AB {Motion carried} 85-434 Report from Chief Administrative Officer to continue June T8, 1985 Board meeting until June 25, 1985 at 10.00 a.m. to consider FY 1985--86 proposed county budget. Motion: AGREED TO CONTINUE THIS MEETING TO l0:OC R.M. ON TUESDAY, AND INDICATED THAT IF MEMBERS OF THE PUBLIC WANT TO ADDRE5S THE BOARD, THAT WILL BE ALLOWED. M S Vote: 1 Y 2 Y 3 Y 4 Y 5 AB (Motion carried} Page 47 June 18, 1985 85-435 Appointments to Small (196 TO Jl1LY 2, ig85) _ 85-436 Chief Administrative (465} Committee vacancies. Motion: APPOINTED RAN S Vote: 1 Y 2 Y Business Rural Assistance Center. (C0NTINt1ED Officer's report of Board of Supervisors' 3Y MELINE TO THE FISH AND GAME COINMISSION. M 3 Y 4 Y 5 AB (Motion carried) Clased Hearings 85-437 Neil H. McCabe, attorney at law - on behalf of Gridley Assembly of (542) Gad Church - appeals the PTanning Commission's conditions on use pernEit (proposed negative declaration regarding environmental impact) to allow the expansion of an existing church facility on property zoned A-5 (agricultural-5 acre parcels) located on the east side of Humble Avenue, 350 feet south of East Gridley Road, identified as AP 24-01-110, Gridley (from 6/4/85). Motion: UPHELD APPEAL, FINDING THAT THE REQUIREMENTS OF CEQA HAVE BEEN COMPLETED AND CONSIDERED AND ADOPTED A MITIGATED NEGATIVE DECLARATION; FOUND THAT THE PROJECT COMPLIES WITH BUTTE COUNTY CODE SECTION 24-47, SPECIFICALLY THAT THE PROPOSED USE OF THE PROPERTY 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 NEIGHBOF.'HOOD OR TO THE GENERAL HEALTH, WELFARE, AND SAFETY OF THE COUNTY; APPROVED THE USE PERMIT TO ALLOW CONSTRUCTION OF A 4560 SQ. FOOT CHAPEL, 7080 SQUARE FOCI GYMNASIUM, AND 2520 SQUARE FOOT NEW OFFICES-CLASSROOMS ON AP 24-01-110 (GRIDLEY ASSEME~LY OF GOD) SUBJECT TO THE FOLLOWING MITIGATION MEASURES AND CONDITIONS AS OUTLINED IN MEMO FROM PLANNING DATED JUNE 5, 1985: (1) PROVIDE NECESSARY DRAINAGE EASEMENTS, (2) PARKING AREA TO BE DOUBLE CHIP SEALED; (3) CONSTRUCT HUMBLE AVENUE TO A MINIMUM 24-FOOT ROAD WIDTH FROM ARCHER AVENUE TO ORO-GRIDLEY HIGF~WAY. ROAD SURFACE TO BE A MINIMUM OF A DOUBLE CHIP SEAL; (4) CONSTRUCT A MODIFIED STANDARD S-18 PUBLIC ROAD APPROACH AT THE INTERSECTION OF HUMBLE AVENUE AND ORO-GRIDLEY HIGHWAY, AS APPROVED BY THE DEPARTMENT OF PUBLIC WORKS; {5) PROVIDE ALL NECESSARY TRAFFIC SAFETY SIGNS INCLUDING STREET AND STOP SIGNS; (b) SUBMIT CONSTRUCTION AND DRAINAGE PLANS TO DEPARTMENT OF PUBLIC WORKS AND DRAINAGE DISTRICT #1 FOR APPROVAL AND INSTALL THE REQUIRED FACILITIES; (7} NEW BUILDINGS TO CONNECT TO EXISTING SEWAGE DISPOSAL SYSTEM AND WELL; (8) INSTALL Page 48 June 18, 1985 85-437 {Cont'd} LANDSCAPING AND PARKING AS REQUIRED BY 24-35; (9) ANY SCHOOL OR CHURCH SIGN TO BE INSTALLED ON AP 24-07-1T0 IN FULL COMPLIANCE WITH SETBACK REQUIREMENTS. REMOVE THE EXISTING SCHOOL SIGN AT HUMBLE/ORO-GRIDLEY INTERSECTION; (10) LIGHTING OF OUTDOOR PLAY AREA SHALL BE SHIELDED FROM ADJACENT PROPERTIES AND RESTRICTED FROM USE BEYOND 10:00 P.M.; {11) MAINTAIN A 3OO FDOT SETBACK FROM THE ORCHARD ON THE EAST FOR MAJOR BUILDINGS AS LONG AS THE ADJACENT PROPERTY REMAINS IN AGRICULTURE PRODUCTION, i50 FOOT SETBACK FOR FOOD CONCESSION STANDS, AND l0O FOOT SETBACK FOR DUGOUT AND OTHER OPEN SPORTS RELATED STRUCTURES; AND (12) APPLICANT MUST ALSO COMPLY WITH ALL OTHER APPLICABLE STATE AND LOCAL STATUTES, ORDINANCES, AND REGULATIONS. S M Vote: l Y 2 Y 3 Y 4 Y 5 AB {Motion carried) 85-438 Additional items from Board members: 7. Supervisor Wheeler said if the other Board members would like, she would meet with the Mater Commission on the evening of June 25. (SUPERVISOR DOLAN POINTED OUT THAT THE COMMISSION WOULD BE EXPECTING TO MEET WITH THE BOARD, SO ALL BOARD MEMBERS SHOULD ATTEND.) {747} 2. Vice Chairman McLaughlin expressed concerns about funding for EDC, and wondered if the JTAA Alan, formerly approved, could be modified to include more funds for job-creating activities. Motion: OFFICIALLY REQUESTED MODIFICATION TO THE 85-86 JTPA PLAN REGARDING THE AMOUNT OF FUNDING AVAILABLE TO JOB-CREATING ACTIVITIES AND REQUESTED AN OPPORTUNITY TO MEET WITH THE PIC TO DISCUSS THAT MODIFICATION. S M Vote: l Y 2 Y 3 Y 4 Y 5 AB (Motion carried} Public Hearings and Timed Items $5-439 Recognition of persons wishing to speak: (7360} 1. Ken Schooner and Sherman Tobias - requesting the Board designate July 6 as Oroville Blues Festival Day. Motion: DESIGNATED JULY 6 AS OROVILLE BLUES FESTIVAL DAY. M S Vote: 7 Y 2 Y 3 Y 4 Y 5 AB (Motion carried} Page 49 June 18, 1985 85-439 (Cont'd) 2. Norma Smith - staffing of the Sheriff's Department. 3. Frank Brazell - regarding the need for the public to have information regarding some Consent Agenda items. 4. Glen Miller - regarding Supervisor Wheeler`s comments on Sacramento meeting. 85-440 Additional items from Board members: 1. Supervisor Wheeler would like to set hearing date for the following item: Drake/Isom - denied rezone (item on which a supplement to a previously certified EIR is being used) from A-2 (general) and S-H (scenic highway) to R-C (resource conservation} and either A-R (agricultural residential), A-SR (agricultural suburban residential), SR-T/2 (suburban residential - T/2 acre parcels} or FR-1/2 (foothill recreational 7/2 acre parcels) on property located on the east side of Humboldt Road, five miles northeast from Highway 99E, property Identified as AP 46-35-04, 23, 46-71-T7, T8 {portion), Chico. Motion: SET HEARING DATE FOR JULY 2, 1985, AT 2:00 P.M. S M Vote: l Y 2 Y 3 Y 4 Y Recess: 12:02 p.m. Reconvene: 7:40 p.m, 5 AB (Motion carried) Public Hearings and Timed Items 85-441 Recognitions of persons wishing to speak: (2288) 1. C.C. Charity - regarding the Lake Madrone Water District. 2. Robert Bremer - presentation of a check for library donation. Motion: ACCEPTED LIBRARY DQNATION IN TWE AMOUNT OF $100 FROM OROVILLE FRIENDS OF THE LIBRARY. S M Uote: l Y 2 Y 3 Y 4 Y 5 AB (Motion carried} Page 50 June 18, 1985 $5-44i (Cont'd) 3. Glen Miller - regarding staffing of Sheriff's Department and Fire Department. 4. Emily Fortier - regarding problems with burning to the intersection of Duncan Road and Troxel Way. {POSSIBLITY OF THE COUNTY LEASING THIS PROPERTY TO THE FORTIERS TO BE INVESTIGATED.) 5. Nell Lind - concerning budget cuts. 6. Stan Fortier - regarding problems with squirrels and a request for a permit to burn at night. (ADMINISTRATIVE STAFF TO CHECK WITH MR. BRNDY TO SEE IF THIS CAN BE ALLOWED.) Closed Session: The Board recessed at 2:23 p.m. for a closed session on Meet and Confer, on the Jenkins workers compensation lawsuit, and on Midway Urchards lawsuit. Reconvene: The Board reconvened at 3:04 p.m. {NO ANNOUNCEMENTS}. Recess: The Board recessed at 3:06 p.m. to reconvene in the Board of Supervisors Room on Dune 25, 1985, at 10:00 a.rrt. for consideration of the proposed budget, and at 6:30 p.m. for a joint meeting with the Butte County Water Commission. Page 5i June 18, 1985