HomeMy WebLinkAboutM070186July 7, 7986
Call to order - Board of Supervisors room, County Administation
Building, 25 County Center Drive, QroviTTe. Present:
Supervisors Doran, Fulton, Mclnturf, Wheeler and Chairman McLaughlin;
Martin J. fVichols, chief administrative officer; Harvey Wallace, county
counsel; and Rubye Townsley, deputy clerk of the Board.
Pledge of allegiance to the Flag of the fJnited States of America.
86-376 Additional items from Board members to be addressed at the end of
{15} the day.
1. Supervisor Fulton - wanted the record to show that he was submitting
letters for Dr. Ward, Bili Cheff and Lynn Yanhart.
2. Supervisor Wheeler - requested a closed session on litigation.
3. Chairman McLaughlin - requested administrative staff send letters
to proper legislators requesting an informational meeting for
those people interested in the GW£li tower matter.
86-377 Items added to or removed from the Consent Agenda:
1. Designation of Board representative to attend Private Industry
Council meeting on July 7, 1986. {ADDED.)
2. City of Gridley building inspection agreement - as requested by
the city, an agreement has been prepared for the county to perform
building inspection within the city limits. Compensation will
be based upon building inspection fees collected. (ADDED.)
3. Gordon D. Schmaus - appeal of the Subdivision Violation Committee's
conditions i, ~, 3 and ~ and determination that property be treated
as one parcel on conditional Certificate of Compliance, AP 72-34-07,
T5, for property located on the northeast corder of the intersection
of Black Bart Road and Shenadoah Lane, Bald Rock area. (ADDED.}
Page X60
Jury 1, T986
86-377 4. Budget transfers. (REMOVED.)
(Cont'd)
5. AB 3015 (Farr) - authorizing counties to all 7/2 cent sales tax.
(REMOVED.
6. SB 2173 (Roberti) - attorney/client privilege. {REMOVED.)
86-378 Consent Agenda
{8l)
1. Approval of minutes of June l7, 1986. APPROVED MINUTES.
2. Doris A. Murphy and Martha A. Billingsley - proposed negative
declaration regarding environmental impact and rezone from A-40
(agricultural - 40 acre parcels) to M-1 (light industrial) and
a development agreement on property located between Durham-Dayton
Highway, State High~vay 99, and Keenan Court, identified as
AP 40-49-7, 9, approximately four miles east of Durham (File 86-6).
SET HEARING DATE FOR JULY 75, 1986 AT 11:00 A.M.
3. Jerry W. Ahrens - appeals the Planning Commission's approval of
John Folsom use permit to allow a private dog training facility
and kennel on property zoned A-5 {agricultural residential - five
acre parcels} located on the south side of Walker Lane,
approximately 1600 feet east of Highway 70, identified as
AP 25-T6-88, south of Oroville. SET NEARING DATE FOR JULY 15,
1986 AT 11:30 A.M.
4. Webb Brothers Construction - appeals Condition 6, 20 and Mitigation
Measure 4 on Silver Tree iI tentative vesting subdivision (proposed
mitigated negative declaration regarding environmental impact),
AP 42-15-16, 25, 27, 18, 76 lots, property located an the north
side of Bidwell Avenue approximately 2200 feet south and east
of its intersection with Sacramento Avenue, Chico. SET HERRING
DATE F0~ JULY T5, 1986 AT 3:30 P.M.
5. Butte County Planning Commission - proposed negative declaration
regarding environmental impact and General Plan Amendment from
low density residential to commercial on property zoned C-1 (light
commercial} located on the southwest side of Nord Avenue
(Highway 32), approximately 750 feet north of its intersection
with Stewart Avenue, identified as AP 43-24-1-27 and 28, Chico
(File 86-43). SET HEARING DATE FOR JULY 15, 1986 AT 2:00 P.M.
6. Butte County Planning Commission - proposed negative declaration
regarding environmental impact and rezone from R-N (residential
nonconforming) to M-1 (light industrial} and R-7 (single family
residential} on property located between the Southern Pacific
right-of-way and Myers Street, south of D Street, Oroville
(File 86-32}. SET NEARING DATE FOR AUGUST 5, 1986 AT 11:00 A.M.
Page 461
July 1, 1986
86-378
(Cont'd) 7. Appointments to Pine Creek Cemetery District. APPOINTED
DAVID S. JONES, ELWIN RONEY AND CALEB BAKER TO SERVE UNTIL JULY 1,
1990.
8. Appointment to the TPA Private Industry Council. APPOINTED
BILL TUFT A5 THE REDESIGNATED PRIVATE SECTOR REPRESENTATIVE TO
SERVE UNTIL JUNE T4, 1987.
9. Appointments to Drainage District 200. APPOINTED ROBERT MORGAN
AND AUDREY STEPHENS TO SERVE UNTIL NOVEMBER 24, 1989.
10. Final map - ~Iestgro~e Subdivision -- the developer has provided
letters of credit and cash deposits to guarantee construction
of improvements within one year on the 15-lot subdivision,
AP 06-33-04, 05, property located on the south side of
Shasta Avenue, 400 feet west of Esplanade, Chico. APPROVED THE
FINAL MAP; ACCEPTED THE EASEMENTS AS GRANTED IN ITEM N0. 1 OF
THE OWNER'S CERTIFICATE ON BEHRLF OF THE PUBLIC; ACCEPTED GRANT
DEED IN FEE SIMPLE, WESTGROVE COURT, AS OFFERED IN ITEM N0. 2
OF THE OWNER'S CERTIFICATE; AND AUTHORIZED THE CHAIRMAN TO SIGN
THE SUBDIVISION AGREEMENT.
1T. Maiden Pond Subdivision. - chip seal - the developer is required
to chip seal approximately 7400 feet of the Forbestown Road which
fronts the subdivision. Since county maintenance crews, as part
of the summer seal coat program, will be sealing Forbestown Road
on both sides of the subdivision, the developer has offered to
pay the county for its crews to do the necessary seal coat work.
AUT~IORIZED PUBLIC WORKS TO PERFORM THE WORK TO BE REIMBURSED BY
THE DEVELOPER.
12. Annexation to County Service Area No. 47 -
Ruby and Richard Crawford - proposed is the annexation of one
parcel of approximately 3.5 acres which is supported by the
applicant. ADOPTED RESOLUTION 86-84 APPROVING THE ANNEXATION.
13. Philip D. Kohn, attorney at law - on behalf of Midway Orchards,
et al, files application for iea~e to present late c7 aim for damages
and losses in an amount estimated at $10,000,000 as a result of
the destruction of a referendum petition. DENIED APPLICATION
TO PRESENT LATE CLAIM.
14. Srant J. Bordsen, attorney at law - on behalf of Starkey
Ranch, Inc., et ai, files a claim for indemnification in
Civil Action No. C18900, entitled "Rosalia White v.
Laurie A. Isle, et al. REJECTED CLAIM AND REFERRED TO COUNTY
COUNSEL AND RISK MANAGEMENT.
15. Norman J. Ryker, attorney at law - on behalf of Donald Graver,
et al, files a claim for alleged damages in the amount of $6,500
plus other damages yet to be determined as a result of the drainage
of surface waters from Regis Road during early March 1986. REJECTED
CLAIM AND REFERRED TO COUNTY COUNSEL AND RISK MANAGEMENT.
Page 462
July 1, 1986
86-378
(Cont'd) 16. J.D. Zink, attorney at law - on behalf of Blake Aiian Troy Merritt,
by parent and guardian, Linda L. Merritt, files a claim for alleged
injuries and damages in the amount of $70,000 from an occurrence
at Butte County Juvenile Hall on or about April 5, 1986. REJECTED
CLAIM AND REFERRED TO COUNTY COUNSEL AND RISK MANAGEMENT.
17. Grady Phillips, Oroville - submits claim in the amount of $30,000
as a result of alleged injuries on or about March 7, 1986 in
the Public Works yard in Oroville. REJECTED CLAIM AND REFERRED
TO COUNTY COUNSEL AND RISK MANAGEMENT.
l8. Law Offices of Les Hait - on behalf of Richard Cannon and
Virginia Cannon, file a claim in the. amount of $1,000,000 alleging
injuries and damages from an accident which occurred on the
Esplanade, north of Lassen Avenue, on or about March 16, 7986.
REJECTED CLAIM AND REFERRED TO COUNTY COUNSEL AND RISK MANAGEMENT.
19. Bertrand F. Ithurburn, attorney at law - on behalf of
Leonard James Jackson, a minor, files a claim in an unspecified
amount as the result of the death of James Stottlemeyer on April 7,
1986 while incarcerated in the Northern Nevada Correctional Center.
REJECTED CLAIM AND REFERRED TO COUNTY COUNSEL AND RISK MANAGEMENT.
20. Sheriff's Department radios and video recorder - requested are
four handi-talkie radios and a video camera/recorder with play-back
unit and battery charger at a total estimated cost of $4,500,
including tax, for use in the marijuana eradication effort,
utilizing SB i139 funding. AUTHORIZED ACQUISITION OF FIXED ASSETS.
21. Resolution recommending establishment of Committee on State/County
Relationships. ADOPTED RESOLUTION 86-85 AND AUTHORIZED THE
CHAIRMAN TO SIGN.
22. Medical services - Butte County Juvenile Hall - a report has
been prepared which recommends the addition of a public health
nurse practitioner position. ACCEPTED REPORT AND DIRECTED
PERSONNEL DIRECTOR TO PREPARE SALARY ORDINANCE AMENDMENT ADDING
THE POSITION.
23. Notice of completion - traffic signal installation at the
intersection of Skyway at Ponderosa Way, Project fto. 52261-85-1 -
all work on the project has been completed in accordance with
the plans and specifications. ACCEPTED PROJECT AND AUTHORIZED
FILING OF NOTICE OF COMPLETION.
24. Amendment Na. 4 - Oroville transportation services agreement -
the amendment continues the Oroville Express subsidized taxi
system for handicapped and senior citizens until June 30, 1987.
Contractor payment per regular ticket has been increased from
$2.60 to $2.75 to help offset the cost of insurance. Total cost
to the county for 1986-87 is $74,950 with funding coming from
Local Transportation Funds (SS 325) and fare revenues. APPROVED
AMENDMENT AND AUTHORIZED THE CHAIRMAN TO SIGN.
Page 463
July 1, 1986
86-378 25. Amendment No. 5 - Orovi7le area bus service agreement -- the
(Cont'd) amendment continues the Orovil1e Area Transit fixed route bus
system until June 30, 7987 and increases contractor payment from
$16.35 per vehicle service hour to $17.35 to help offset the
increased cost of insurance. Estimated cost to Butte County
for 1986-87 is $35,741 with funding coming from Local
Transportation Funds (SB 325) and fare revenues. APPROVED
AMENDMENT AND AUTHORIZED THE CHAIRMAN TO SIGN.
26. Amendment No. 11 - Gridley transportation services agreement -
the amendment continues the Gridley Flyer subsidized taxi service
for the elderly and handicapped until June 30, 1987 on the system
which is operated by the City of Gridley. Estimated cost to
the county in 1986-87 is $3,500 with funding coming from Local
Transportation Funds {SB 325) and fare revenues. APPROVED
AMENDMENT AND AUTHORIZED THE CHAIRMAN TO SIGN.
27. Amendment No. 3 - Paradise Express taxi system agreement - the
amendment allows Butte County to continue to act as administrator
of the Paradise Express taxi system in providing transportation
services in the Paradise urban area for handicapped and senior
citizens through June 30, 1987 for a fee of $3,700 (Butte County
does not participate in funding of this system). APPROVED AMENDMENT
AND AUTHORIZED THE CHAIRMAN TO SIGN.
28. Butte County Transit and Chico Clipper systems - an agreement
has been prepared with ~lestcoach, Inc. and Lindo Hanna & Abbott
Insurance as previously authorized by the Board to allow Butte
County to pay far insurance directly to an insurance company.
The current contracts have been amended as necessary to adjust
contractor costs and allow Butte County to pay for the required
insurance. All costs have been included in the 1986-87 budget.
APPROVED AGREEMENT RND AUTHORIZED THE CHAIRMAN TO SIGN.
29. Yictor residential services agreement - an agreement has been
prepared in the amount of $100,000 to provide residential treatment
services for mentally disturbed adolescents during the period
July 1, 1986 through June 30, 1986. APPROVED AGREEMENT AND
AUTHORIZED THE CHAIRMAN TO SIGN.
30. American Indian Alcohol Project - notice has been received from
the State Department of Alcohol and Drug Programs that Butte
County has been awarded $112,000 to operate an outreach service
program to American Indians in Butte, Plumas and Glenn Counties
over the next 18 months. A contract has been prepared with North
Valley Indian Health to provide the necessary services. ACCEPTED
$1I2,000 IN SUBVENTION REVENUES, APPROVED CONTRACT, AUTHORIZED
THE CHAIRMAN TO SIGN,-AND REFERRED TO THE BUDGET COMMITTEE AND
ADMINISTRATION THE REQUEST TO INCREASE THE 1986--87 BUDGET IN
THE AMOUNT OF $74,840.80.
Page 464
July 1, I986
86-378 31. 1986-87 Family Planning contract renewal - an agreement has been
(Cont`d} prepared with the State Department of Health Services to provide
contraceptive information and services to low income residents
of the county. The contract is in the amount of $46,000 and
covers the period July 1, 1986 through June 30, 1987. APPROVED
CONTRACT AND AUTHORIZED THE CHAIRMAN TO SIGN.
32. General Assistance Recipient Work Program agreement - a revised
master agreement has been prepared amending indemnification
provisions from the earlier agreement approved by the Board.
APPROVED REVISED MASTER AGREEMENT AND AUTHORIZED THE WELFARE
DIRECTOR OR HiS REPRESENTATIVE TO 5IGN ON BEHALF OF THE COUNTY.
33. Child abuse prevention contract - Eleanor Zahnd - the agreement
in the amount of $2,000 provides for child abuse prevention
services covering the period July i, 1985 through June 30, 1986.
APPROVED AGREEMENT AND AUTHORIZED THE CHAIRMAN TO SIGN.
34. 1986-87 child abuse prevention contract - an agreement has been
prepared with the State Department of Social Services providing
funding in the amount of $94,596. APPROVED AGREEMENT AND
AUTHORIZED THE CHAIRMAN TO SIGN.
35. Public Health nursing agreement - an agreement has been prepared
with the trustees of California State University which will provide
appropriate clinical nursing experience for nursing students
of the university covering the period July 1, 1985 through June 30,
1988. APPROVED AGREEMENT AND AUTHORIZED THE CHAIRMAN TO SIGN.
36. Mental Health nursing agreement - an agreement has been prepared
with the trustees of California State University which will provide
appropriate clinical nursing experience for nursing students
of the university covering the period July 1, 1985 through June 30,
1988. APPROVED AGREEMENT AND AUTHORIZED THE CHAIRMAN TO SIGN.
37. Legal services agreement - Donald F. Stanton - an agreement has
been prepared to provide legal services to the county as necessary
in matters of litigation. The contract is in the amount of $75.00
per hour plus other stated incidental costs. APPROVED AGREEMENT
AND AUTHORIZED THE CHAIRMAN TO SIGN.
38. Merit advancement - Public Works Director - action requested -
APPROVE MERIT ADVANCEMENT OF PUBLIC WORKS DIRECTOR FROM STEP B
TO STEP C OF SALARY RANGE 36.5.
39. Deputy sheriff hiring - the Sheriff requests the Board authorize
setting of the specific salary of a deputy sheriff candidate
in accordance with personnel rules, Section 12.13, because of
the importance to the successful operation of the department
of the county. AUTHORIZED STEP C HIRING FOR CANDIDATE.
Page 465
July 1, 1986
86-378 40. Permit to use fireworks - Fyro Spectaculars, inc. - application
{Cont'd) has been made for public fireworks display to be discharged at
the Silver Dollar Fairgrounds in Chico and North Forebay in
Oroville on July 4, 1986. APPROVED ISSUANCE OF PERMIT.
41. Destruction of records - the Auditor/Controller requests
destruction of records in accordance with Government Code
Section 26201 as follows: 1980-81 appropriation ledgers; 1980-81
fund ledgers; 1980-81 general ledger; 1980-81 revenue detail;
7981 payroll records; 1980-81 accounts payable warrant registers;
7980-81 tax journals; 1979-80 summary report of child support
payment; 1980-81 summary report of child support payment; 1981-82
summary report of child support payment. AUTHORIZED DESTRUCTION
OF RECORDS AS REQUESTED.
42. Report on pollution studies - the Director of Environmental Health
sends information concerning the deletion of the Durham, Nelson,
Dayton pollution studies from the priority list. INFORMATTON
ONLY.
43. Annual inspection of Juvenile Hali facilities - the Health Officer
forwards his report in accordance with the provisions of state
law. REFERRED TO ADMINISTRATIVE OFFICER TO REVIEW RECOMMENDATIONS
WITH CONCERNED DEPARTMENTS.
44. Employee health plan - the Health Plan Review Committee submits
a supplemental report recommending a reduction in the health
premium rate of increase for 1986-87. ADOPTED THE REPORT AND
RECOMMENDATION IMPLEMENTING THE LOWER PREMIUM RATES AS INDICATED.
45. A8 i707 (Noddy} - Williamson Act subvention - action requested -
INFORMATION ONLY.
46. Communications.
a. Rape Crisis intervention - writes concerning the need for
$8,000 in funding. REFERRED TO BUDGET COMMITTEE.
b. Pacific Gas and Electric Company - submits information
concerning the five-year underground conversion allocation
project. ACCEPTED FOR INFORMATION:
c. City of Chico - Mayor Willis writes regarding the County
of Butte v. City of Chico, et al (Southeast Chico Redevelopment
Area} litigation. ACCEPTED FOR INFORMATION AND REFERRED
TO COUNTY COUNSEL.
d. City of Chico - Mayor Willis forwards updated information
concerning the meeting of the respective staffs with regard
to the Ritrate Action Flan implementation. ACCEPTED FOR
INFORMATION.
Page 466
July 1, 1986
86- 378
{Cont'd} 46. Communications. (Cont'd)
e. State Department of water Resources - submits watermaster
service charges for T986-87 in the Butte Creek service area.
ACCEPTED FOR INFORMATION AND REFERRED TO AUDITOR.
47. Designation of Board representative to attend Private Industry
Council meeting on July 7, T986. DESIGNATED SUPERVISOR McINTURF.
48. City of Gridley building inspection agreement - as requested
by the city, an agreement has been prepared far the county to
perform building inspection within the city limits. Compensation
will be based upon building inspection fees collected. APPROVED
AGREEMENT SUBJECT TO COUNTY COUNSEL'S REVIEW AND AUTHORIZED THE
CHAIRMAN TO SIGN.
49. Gordon D. Schmaus -- appeal of the Subdivision Violation Committee's
Conditions T, 2, 3 and 4, and determination that property be
treated as one parcel on conditional Certificate of Compliance,
AP 72-34-07, T5, for property located on the northeast corner
of the intersection of Slack Bart Road and Shenadoah Lane, Bard
Rock area. SET HEARING DATE FOR JULY 15, T986 AT 4:00 P.M.
Motion: APPROVED CONSENT AGENDA.
M S
Vote: T Y 2 Y 3 Y 4 Y 5 Y {Unanimously carried}
Re_ gular Agenda
86-379 Budget transfers.
Motion: APPROVED BUDGET TRANSFER B-328.
S M
Vote: T Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
86-380 AB 3015 (Farr) - authorizing counties to add T/2 cent sales tax.
Motion: ADOPTED RESOLUTIOR $6-86, AND DIRECTED LETTERS BE SENT
EXPRESSING CONCERNS ABOUT STATE MANDATES.
Vote: T Y 2 Y
86-38T 6. SB 2173 (Roberti)
Motion: OPPOSED THIS
S
Vote: T Y 2 Y
S M
3 Y 4 Y 5 Y {Unanimously carried}
- attorney/client privilege.
WITH INDIGNITY AND ANGER.
M
3 Y 4 Y 5 Y (Unanimously carried)
Page 467
July T, 1986
86-382 Additional item
1. Report from Personnel Director and Auditor regarding payment for
unemployment insurance.
Motion: AUTHORIZED WITHDRAWAL OF PRIOR INSTRUCTIONS TO WITHHOLD
PAYMENTS, AND INSTRUCTED PER50NNEL DIRECTOR AND AUDITOR TO
TAKE THE NECESSARY ACTION TO PROTECT THE COUNTY'S INTEREST.
S M
Vote: 7 Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
Regu'tar Agenda
86-383 Consideration of ordinance consolidating the Biggs-Gridley Justice
Courts .
Motion: WAIVED SECOND READING OF THE ORDINANCE.
M S
Vote: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
Motion: ADOPTED ORDINANCE 2532.
S M
Vote: ~1 Y 2 Y 3 Y 4 N 5 Y (Motion carried)
86-384 Report from Chief Administrative Officer and County Counsel on request
of Board for options in withdrawing from the Welfare System. {CONTINUED
TO JULY 22 FOR FURTHER DISCUSSION.)
86-385 Salary ordinance amendment - the ordinance creates 34 new positions
in the Welfare Department for administration of the GAIN Program,
establishes flexible staffing of the legal clerk series and places
all appointed department heads on a flat rate salary at E step of
the current range. (TO BE DISCUSSED LATER IN THE DAY.}
86-386 Submittal of report by the Multi-Department Committee on Child Abuse,
(REFERRED TO BUDGET COMMITTEE FOR THEIR MEETING ON JULY 7.}
86-3$7 Request for interpretation of the Zoning Cade pursuant to Section 24-20.
Motion: MADE INTERPRETATION OF SECTION 24-36.4 THAT "ADDITIONAL PERIOD
OF TIME" SHALL BE NOT IN EXCESS OF 90 DAYS.
M S
Vote: 7 Y 2 Y 3 Y 4 Y 5 Y {Unanimously carried}
Page 468
July 1, 1986
86-387
(Cont'd) Motion: AGREED THAT THE DISCRETIONARY PROCESS WOULD BE BY USE PERMIT
AND THAT IT BE SOLELY LIMITED TO FACTUAL DETERMINATION OF
THOSE ITEMS IN THAT CODE SECTION, 24-36.4
M S
Vote: 7 Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
Glosed Session: The Board recessed at 70:08 a.m. for a 10-minute
break followed by a closed session on litigation
matters of Paulsen vs. County of Butte and Gounty
of Butte vs. City of Chico in the North Valley Mall
annexation matter, and a personnel matter.
Reconvene: The Board reconvened at 11:00 a.m. (NO ANNOUNCEMENTS.)
Public Hearings and Timed Items
86-388 Greater Avenues for Independence {GAIN) - a public hearing on the
GAIN plan is required by the State Department of Social Services Manual
of Eligibility and Assistance Standards Section 42-720.41 to allow
the public to present their views and suggestions. (CONTINUED UNTIL
LATER IN THE DAY.)
{CHAIRMAN McLAUGHLIN DIRECTED THAT LETTERS OF THANKS BE SENT TO THOSE
WHO WORKED ON THE GRIN PRESENTATION.)
86-389 Gary Jacobs - proposed mitigated negative declaration regarding
environmental impact and rezone from PA-C (planned area cluster) to
5-R (suburban residential) for five units and PUD {planned unit
development) far a 20-unit residential development and tentative
subdivision map for property located on the east side of Quista Drive
and the west side of Alamo Avenue, 220 feet south of East Avenue,
identified as AP 42-07-38, Chico (File 86-46A).
Motion: NOTED THAT THE PREVIOUSLY ADOPTED MITIGATED NEGATIVE
DECLARATION OF ENVIRONMENTAL IMPACT FOR THE REZONE TO PUD
MAY 20, 1986 FOR ORDINANCE 2524; FOUND THAT THE PROJECT
CONFORMS TO THE BUTTE COUNTY GENERAL PLAN (TEXT AND MAP)
AND THE RECENTLY ADOPTED PUD ZONING; AND APPROVED THE TENTATIVE
SUBDIVISION MAP TO CREATE 20 LOTS ON AP 42-07-38 (PORTION)
SUBJECT TO THE SAME LIST OF 36 CONDITIONS, INCLUDING TWO
MITIGATION MEASURES, AS ADOPTED FOR THE REZONE TO PUD (BY
ORDINANCE 2524), FINDING THAT THE PROJECT WILL NOT BE
DETRIMENTAL TO THE HEALTH, SAFETY OR WELFARE OF THE PEOPLE
OF BUTTE COUNTY PROVIDED THE REQUIRED CONDITIONS ARE
IMPLEMENTED. NOTED THAT THE ENVIRONMENTAL DOCUMENTS REQUIRED
Page 469
July 1, 7986
86-389 BY CEQA HAVE BEEN COMPLETED AND CONSIDERED IN MAKING THIS
(Cont'd) DECISION AND ADOPTED A P~IITIGRTED NEGATIVE DECLARATION; FOUND
THAT THE PROJECT CONFORMS TO THE TEXT AND MAP OF THE BUTTE
COUNTY GENERAL PLAN; ADOPTED ORDINANCE 2533 REZONING
AP 42-07-38 TO S-R AND PUD (GARY JACOBS), AS PROPOSED, SUBJECT
TO THE CONDITIONS AND MITIGATION MEASURES, ITEMS 1 THROUGH
36 ON MEMO FROM PLANNING DATED MAY 9, 1986.
S M
Vote: l Y 2 N 3 Y 4 Y 5 N {Motion carried)
86-390 Recognition of persons wishing to speak:
T. Dick Puelicher - report on status of credit rating and interests
rates.
2. John Martin - concerns about the GWEN tower project.
3. Nell Lind - requested Board to enlist help of other counties in
sending letters to Governor and Legislature regarding state
mandates.
Motion: AGREED TO 5END COPIES OF LETTERS T0, AND REQUEST PARTICIPATION
FROM, ALL OTHER CALIFORNIA COUNTIES.
S M
Vote: T Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
Motion: AGREED TO INSPIRE CSAC TO HAVE A LEGISLATIVE RALLY IN AUGUST
WHEN THE LEGISLATURE COMES BACK IN SESSION, TO DELIVER THESE
LETTERS.
S M
Vote: i Y 2 Y 3 Y 4 Y 5 Y {Unanimously carried)
4. Dan Galper - concerns regarding the GWEN tower matter.
5. Barbara Castro - concerns regarding the GWEN tower matter.
6. Helen Kinney - concerns regarding the GWEN tower matter.
Regular Agenda.
86-39T Salary ordinance amendment - the ordinance creates 34 new positions
in the Welfare Department for administration of the GAIN Program,
establishes flexible staffing of the legal clerk series and places
all appointed department heads on a flat rate salary at E step of
the current range.
Page 470
July ~, 19s6
(Cont'd) Motion: WAIVED SECOND READING OF THE ORDINANCE.
M S
Vote: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
Motion: ADOPTED ORDINANCE 2534.
M S
Vote: 1 N 2 Y 3 Y 4 N 5 Y (Motion carried)
Public Hearings and Timed Items
86-392 Greater Avenues for Independence (GAIN) - a public hearing on the
GAIN plan is required by the State Department of Social Services Manual
of Eligibility and Assistance Standards Section 42-720.41 to allow
the public to present their views and suggestions.
Motion: ADOPTED MANUAL, INCLUDING GRIEVANCE PROCEDURE, SUB,lECT TO
APPROVAL BY COUNTY COUNSEL.
M S
Vote: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried}
Re~ gular R_ eg nda
86-393 Bidwell Heights - renewal of motion to make findings
{Supervisor Wheeler).
Motion: TO REFER SACK TO THE PLANNING COMMISSION FOR RECISION OF
THE SPECIFIC PLAN.
M
Vote : 1 2 3 4 5
(MOTION DIED FOR LACK OF A SECOND.)
86-394 Consideration of State Department of Fish and Game request to nominate
two persons to review future drafts of the "Outdoor Alert" pamphlet.
i~lotion: DELEGATED AUTHORITY TO COUNTY DEPARTMENT OF FISIi AND GAME
TO NOMINATE THE TWO PERSONS.
M S
Vote: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried}
$6-395 Bidwell Heights - renewal of motion to make findings
(Supervisor Wheeler)
(SUPERVISOR WHEELER REItUESTED, AND CHAIRMAN CONCURRED, THAT A TRANSCRIPT
OF PROCEEDINGS BE SENT TO THE COURT, ALONG WITH A RETURN OF THE WRIT
AND A NOTATION THAT THERE ARE TWO NEW SUPERVISORS ON THE BOARD.)
Page 471
.luly 1 , 1986
Closed Ileari ngs
86-396 John S. Morgan, et al - rezone from FR-10 to FR-5 (foothill
recreational - five acre parcels} proposed mitigated negative
declaration regarding environmental impact} far property located on
both the north and south sides of Hurleton Road, approximately 1000 feet
west of Wyandotte, identified as AP 72-20-O1, 72-25-01, 02, Oroville
area (File 86-11). (from 6/17/86}
{SUPERVISOR WHEELER ABSENT AT THIS TIME.)
Motion: FOUND THAT THE REQUIREMENTS OF CEQA HAVE BEEN COMPLETED AND
CONSIDERED IN MAKING THIS DECISION AND ADOPTED A MITIGATED
NEGATIVE DECLARATION; FOUND THAT THE REZONE FROM FR-TO AS
SHOWN ON EXHIBIT N0. T TO FR-5 COMPLIES WITH THE BUTTE COUNTY
GENERAL PLAN; ADOPTED ORDINANCE 2535 REZONING TO FR-5 A PORTION
OF THAT PROPERTY IDENTIFIED AS AP 72-25-01, 02, AS SHOWN
ON EXHIBIT N0. 1 (MORGAN, RANFT}; AND ADOPTED RESOLUTION 86-$7
APPROVING THE AGREEMENT.
M S
Vote: l Y 2 Y 3 AB 4 Y 5 Y (Motion carried)
(SUPERVISOR WHEELER PRESENT AT THIS TIME.}
86-397 Closed hearing - Butte County Planning Commission proposed negative
declaration regarding environmental impact and rezone from R-4 {maximum
density residential restricted service) and S-R (suburban residential)
to either C-1 (Tight commercial), C-2 (general commercial), C-C
(community commercial), N-C (neighborhood commercial} or H-C (highway
commercial} for property having frontage on East Avenue located east
of Cohasset Road and west of Ceres Avenue, Chico (File 84-70 B&D}.
(from 6/77/86)
Motion: REFERRED BACK TO THE PLANNING COMMISSION FOR REVIEW OF ALL
CONDITIONS, WITH A PUBLIC HEARING.
M S
Vote: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried}
(SUPERVISOR FULTON ABSENT AT THIS TIME.}
86-398 Closed hearing - Drake/Isom - appeal of a denied rezone (item on
which a supplement to a previously certified environmental impact
report is being used) from U (unclassified) and S-H (scenic highway}
to R-C (resource conservation} and either A-R (agricultural
residential}, A-SR (agricultural - suburban residential}, SR-1/2
(suburban residential - 1/2 acre parcels) or FR-T/2 (foothill
recreational - T/2 acre parcels} on property located on the east
side of Humboldt Road, five miles northeast from Highway 99E, identified
as AP 46-35-04, 23; 46-7T-17, 78 (portion), Chico (File 83-50). (from
6/77/86) (SUPERVISOR WHEELER SUBMITTED DELETIONS AND CORRECTIONS FOR
THE RECORD AND TO SEND TO STAFF FOR REVIEW, WITH A MOTION OF INTENT
TO BE MADE ON AUGUST 5, 1986.)
Page 472
July 1, 1986
SUPERVISOR WHEELER ABSENT AT THIS TIME.}
86-399 C1ased hearing - Nichols Trusi: - proposed mitigated negative declaration
regarding environmental impact and rezone from AR-MH-3 agricultural
residential mobile home - three acre parcels} to PUD (planned unit
development) far property located on the northeast corner of Clark
Road and Hidden Valley Road, approximately 3/4 mile north of Clear
Creek Cemetery Road, identified as AP 41-41-53, south of Paradise
(File 86-78}. (from 6/l7/86) (CONTINUED TO JULY 15, 7986.)
Adjournment:
There being nothing
time the meeting was
T986.
further before the Board at this
adjourned until 9:00 a.m. on July 75,
~ ~`
Chairman, Board of pervisors
ATTEST: MARTIN ~. NICHOLS, Chief Administrative Officer
and Clerk of the Board of Supervisors
By ~ E..~i ~y~~wr.~~~ __ ~~,~
Page 473
July 1, 7986