HomeMy WebLinkAboutM070787-- -.
July 7~ 1987
Call to order - Baard of Supervisors room, County Administration
Building, 25 County Center Drive, Oroville. Present: Supervisors
Fulton, Mclnturf, McLaughlin, Vercruse and Chair Dolan.
Martin J. Nichols, chief administrative officer; Jahn Kenny, interim
county counsel, by Dan Montgomery, chief deputy county counsel; and
Cathy Pitts, assistant clerk to the Board.
Pledge of allegiance to the Flag of the United States of America.
$7-335 Items removed from the Consent Agenda for Board consideration and
action:
1. Approval of minutes - action requested -APPROVE MINUTES OF
JUNE 16, 1987 AND 3UNE 23, 1987.
.~
2. Data Processing service agreements - outside welfare users -
action requested -APPROVE SERVICE AGREEMENTS WITH OUTSIDE
WELFARE AGENCY ,7URISDICTIONS AND AUTHORIZE THE CHIEF
ADMINISTRATIVE OFFTCER TO SIGN ON BEHALF OF THE COUNTY.
3. Jail medical services cantract - a contract has been prepared
with California Forensics Medical Group, Inc. for jail medical
services, September 1, 1987 through August 30, 1990. The
contract is in the base amount of $362,108 - action requested -
APPROVE CONTRACT AND AUTHORIZE THE CHAIR TO SIGN.
87-336
Consent Agenda (30)
1. Budget transfers - action requested - APPROVE BUDGET TRANSFERS
8-197, B-198 AND B-202.
2. Wigga Wake - abandonment of a portion of Silvera Court right-of-
way, AP 41-47-66 and 94 - action requested - ADOPT RESOLUTION
87-103 SETTING A PUBLIC HEARING DATE FOR AUGUST 4, 1987 AT
11:00 A.M.
Page 307
July 7, 1987
July ~ 1987
3. Butte Avenue - abandonment of a portion of Butte Avenue right-
of-way, AP 31-22--3-14, 15, 16 and 17 and AP 31-22-4-9 - action
requested -ADOPT RESOLUTION 87-I04 SETTING A PUBLIC HEARING
DATE FOR AUGUST 4, 1987 AT 11:00 A.M.
4. County Library donations - in accordance with Government Code
Section 25355 donations have been received as follows:
Association of Family Day Care Providers, $250; Chico Friends of
the Library, $135; Friends of the Paradise Library, $1,000; and
Dr. Geoffrey A. Pricker, M.D., $100 - action requested - ACCEPT
DONATIONS AND AUTHORIZE LETTERS OF APPRECIATION.
5. County Fire Department - a donation of $7,400 has been received
from Knudsen and Sans, Tnc. for the purchase of fire hoses -
action requested -ACCEPT DONATION AND AUTHORIZE LETTER OF
APPRECIATION.
6. Appointments to the JTPA - Private Industry Council - action
requested - APPOINT PAT LONG, EXECUTIVE DIRECTOR OF THE UNITED
WAY, TO SERVE AS THE COMMUNITY-BASED REPRESENTATIVE UNTIL
JUNE 14, 1988.
7. Appointment to the Paradise Memorial Hall Committee - action
requested - APPOINT ALBERT PLUMB, DELEGATE, AND R. G. McLINTOCK,
ALTERNATE, AS THE DISABLED AMERICAN VETERANS REPRESENTATIVES TO
SERVE UNTIL DECEMBER 31, 1987.
8. Appointment to the Economic Development Corporation and Overall
Economic Development Program Committee - action requested -
APPOINT SUSAN ROBERTS FULTON TO SERVE UNTIL DECEMBER 31, 1988.
9. Appointment to the Deferred Compensation Advisory Committee -
action requested - APPOINT RUSSELL ADDY AND EMMETT POGUE AS THE
EMPLOYEE REPRESENTATIVES.
J.O. Appointment to Personnel Appeals Commission - action requested -
APPOINT 3IM BUTALA TO SERVE AS THE MANAGEMENT REPRESENTATIVE
ALTERNATE UNTIL DECEMBER 31, 1989.
11. Appointment to Redding Veterans Administration Medical Office
Advisory Group - action requested - APPOINT JAMES T. HAYES,
DELEGATE, AND RAYMOND E. BURTON, ALTERNATE.
12. S. Dwight Breed, attorney at Iaw - on behalf of Anna Ingram,
files a claim in the amount of $20,000 as a result of alleged
injuries sustained on or about May 26, 1987 at the Paradise
Veterans Memorial Hall - action requested - REJECT CLAIM AND
REFRR TO COUNTY COUNSEL AND RISK MANAGEMENT.
Page 308
July 7, 1987
3uly ~ 1987
13. Eugene Schneider, attorney at law - on behalf of
Karl David Schneider, files a claim in the amount of $25,250
alleging injuries and damages as a result of an automobile
accident on March 29, 1987 at the intersection of Manzanita and
Vallombrosa Avenues - action requested -- REJECT CLAIM AND REFER
TO COUNTY COUNSEL AND RISK MANAGEMENT.
14. Rodney 0. Manning - files a claim in the amount of $1,000,000
alleging damages as a result of investigative activities of the
District Attorney's Office on or about June 10, 1987 - action
requested - REJECT CLAIM AND REFER TO COUNTY COUNSEL AND RISK
MANAGEMENT.
15. Richard Martin Schwager - files a claim in the amount of
$2,000,000 alleging injuries while incarcerated at the Butte
County Jail between February 12, 1987 and March 10, 1987 -
action requested - REJECT CLAIM AND REFER TO COUNTY COUNSEL AND
RISK MANAGEMENT.
1b. Grady M. Davis, attorney at law - on behalf of
Wesley Marcus Johnson, files a claim in the amount of $1,000
alleging damages as a result of search/seizure of claimant's
automobile by the Butte County Interagency Task Force on
March 5, 1987 - action requested - REJECT CLAIM AND REFER TO
COUNTY COUNSEL AND RISK MANAGEMENT.
17. Grady M. Davis, attorney at law - on behalf of
Edmond Charles Johnson, files a claim in the amount of $500,000
as a result of alleged damages sustained during claimant's
arrest on March 5, 1987 by officers of the Butte County
Interagency Task Force - action requested - REJECT CLAIM AND
REFER TO COUNTY COUNSEL AND RISK MANAGEMENT.
18. Robert A. Perry, attorney
Corporation, files a claim
Leslie Wooldridge, plaintiffs,
County Superiar Court Case No.
CLATM FOR INDEMNITY AND RE
MANAGEMENT.
at law - on behalf of Arby's
for indemnity in the matter of
vs. Rene' Jellema, et al, Butte
93497 - action requested - REJECT
FER TO COUNTY COUNSEL AND RISK
19. Douglas M. Kilduff, attorney at law - on behalf of
Larry Dean Reynolds, files a claim far indemnity in the matter
of Eric Clifton Payne, et al, v. Larry Dean Reynolds, Butte
County Superior Court Case No. 93623 - action requested - REJECT
CLAIM AND REFER TO COUNTY COUNSEL AND RISK MANAGEMENT.
Page 309
July 7, 1987
July ~ 1987
20. Douglas M. Kilduff, attorney at law - on behalf of
Larry Dean Reynolds, files a claim for indemnity in the matter
of Wendy Marie Woodruff, et al, v. Larry Dean Reynolds, Butte
County Superior Court Case No. 94136 - action requested - REJECT
CLAIM AND REFER TO COUNTY COUNSEL AND RISK MANAGEMENT.
21. Dale David Nott - files a claim in the amount of $200,000 as a
result of alleged injuries sustained while incarcerated at the
Butte County Jail sometime between April and May of 1987 -
action requested - REJECT CLAIM AND REFER TO COUNTY COUNSEL AND
RISK MANAGEMENT.
22. Department comments - 1985-86 Financial Audit Report to
Management - as directed by the Board, departments have
commented upon findings and recommendations contained within the
audit report - action requested - ACCEPT FOR INFORMATION.
23. Affirmative action report - the Personnel Director forwards a
report of Affirmative Action for fiscal year 1985-86 and the
Affirmative Action Plan for fiscal year 19$6-87 -action
requested -- ACCEPT THE REPORT AND PLAN AND ADOPT RESOLUTION 87-
105 REVISING SECTION 4.3 (A} OF THE PERSONNEL RULES CLARIFYING
THAT THE AFFIRMATIVE ACTION PLAN COMPARISONS UTILIZE THE BUTTE
COUNTY LABOR FORCE RATHER THAN GENERAL POPULATION.
24. Salary ordinance amendment - the ordinance increases the salary
for summer employees at the Biggs swimming pool, effective
June 23, 1987 -action requested - WAIVE THE FIRST READING OF
THE ORDINANCE.
25. Butte Community College Day - a resolution has been prepared
proclaiming September 12, 1987 as Butte Community College Day
and recognizing the 20th birthday of the college - action
requested -ADOPT RESOLUTION 87-106 AND AUTHORIZE THE CHAIR TO
SIGN.
26. Resolution rescinding Resolution 86-153 abandoning a public
utility easement - the resolution was erroneous titled and
described as a public utility easement instead of a right-oft-way
easement - action requested - ADOPT RESOLUTION $7-107 RESCINDING
RESOLUTION 86-153 AND AUTHORIZE THE CHAIR TO SIGN.
27. Ordinance adding Article IV, Section 36-30, Chapter 36 relative
to change of plea costs - action requested - WAIVE THE FIRST
READING OF THE ORDINANCE.
Page 310
July 7, 1987
July ~ 1987
28. PERS contract amendment - unused sick leave credit for safety
members - an ordinance has been prepared. which provides for
every 250 days (2000 hours of sick leave}, or fraction thereof,
an employee would be granted an additional year's service credit
when calculating retirement benefits. xhe PERS rate will
increase from 22.193 to 22.33 to the year 2000, with a
projected annual cost increase of approximately $4,100 - action
requested - WAIVE THE SECOND READING AND ADOPT ORDINANCE 2607.
29. Report from Director of Public Works concerning Schoenstein
parcel map anal improvements to Ricky Road - action requested -
AUTHORIZE DIRECTOR OF PUBLIC WORKS TO WRITE LETTER TO BONDING
COMPANY AUTHORIZING THEM TO PAY CONTRACTOR DTRECTLY WHEN THE
ROAD WORK HA5 BEEN COMPLETED AND APPROVED BY PUBLIC WORKS.
30. Department of Youth Authority - a renewal contract has been
prepared for fiscal year 1987-88 to continue operation of the
Butte County Regional Center at the county Juvenile Hall for
Youth Authority wards - action requested - APPROVE AGREEMENT AND
AUTHORIZE THE CHAIR TO SIGN.
31. Family Services Association of Butte and Glenn Counties - an
agreement has been prepared for fiscal year 3.987-$8 in an amount
not to exceed $20,000 from children's trust fund (AB 2994} to
provide group counseling and other services for abused and/or
neglected children - action requested - APPROVE AGREEMENT AND
AUTHORIZE CHAIR TO SIGN.
32. Parent Education Network - an agreement has been prepared for
fiscal year 1987-88 in an amount not to exceed $28,800 from the
children's trust fund (AB 2994) to provide parent counseling,
referral and other services designed to reduce child abuse -
action requested - APPROVE AGREEMENT AND AUTHORIZE THE GHAIR TO
SIGN.
33. Amendment No. $ - Catalyst: Women's Advocates, Inc. agreement -
domestic violence program - an amendment has been prepared
extending the term of the agreement through June 30, 1988
subject to budgetary appropriation from the county's domestic
violence fund -action requested -APPROVE AGREEMENT AND
AUTHORIZE THE CHAIR TO SIGN.
34. Milk sample testing agreement - a renewal agreement with the
State Department of Food and Agriculture has been prepared in an
amount not to exceed $4,000 state funds to provide milk sample
testing for fiscal year 1987-88 - action requested -APPROVE
AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN.
Page 311
July 7, 1987
Ju1y_ ~ 1987
35. Contractor's release - the Public Health Director requests
authorization to complete a contractor's release form with the
State Department of Health Services concerning Contract No. 85-
86356 involving the Women, Infants and Children Program during
the period of October 1, 1985 through September 30, 1986 -
action requested - AUTHORIZE THE CHAIR TO SIGN THE CONTRACTOR'S
RELEASE FORM.
36. Amendment No. 5 to agreement between Butte County and Western
Greyhound Lines Co. - the amendment provides for continuing
general public transit services on Western Greyhound Lines Ca.
buses at subsidized rates to a maximum of $5,000 for fiscal year
1987-88 - action requested - APPROVE AMENDMENT AND AUTHORIZE THE
CHATR TO SIGN.
37. Amendment No. 12 to the agreement for Gridley Transportation
Services -the amendment provides for continuing the Gridley
Flyer subsidized taxi for senior citizens and handicapped
individuals in the Gridley area. The estimated costs to Butte
County is $5,500 and is to be funded from transportation
development act (SB 325) funds - action requested -APPROVE
AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN.
38. Pesticide residue sampling contract - a renewal contract has
been prepared for fiscal year 19$7-88 in an amount not to exceed
$1,700 state funds to provide pesticide residua sampling of
agricultural crops - action requested - APPROVE AGREEMENT AND
AUTHORIZE THE CHAIR TO SIGN.
39. Recruitment of mental health staff services manager - action
requested -AUTHORIZE RECRUITMENT UP TO STEP E OF SALARY RANGE
25.5.
40. Destruction of records - the Auditor requests to destroy certain
county records - action requested - AUTHORIZE DESTRUCTION OF
SPECIFIED COUNTY AUDITOR RECORDS IN ACCORDANCE WITH GOVERNMENT
CODE SECTION 26201.
41. Conflict of interest code - Grand dory - the Superior Court
submits the code to the Idoard as the code reviewing body -
action requested - APPROVE CONFLICT OF INTEREST CODE.
MOTION: MOVE TO APPROVE THE CONSENT
S
VOTE: 1 Y 2 Y 3 Y 4 Y
AGENDA WITH THE DELETIONS.
M
5 Y (Unanimously carried)
Page 3i2
July 7, 1987
3uly 7, 1987
Regular A
87--337 Ttems removed from the Consent Agenda fox Board consideration and
action.
1. Approval of minutes - action requested -APPROVE MINUTES OF
JUNE 16, 1987 AND JUNE 23, 1987, (TAKEN OFF AGENDA.}
2. Data Processing service agreements - outside welfare users -
action requested -APPROVE SERVICE AGREEMENTS WITH OUTSIDE
WELFARE AGENCY JURISDICTIONS AND AUTHORIZE THE CHIEF
ADMINISTRATIVE OFFICER TO SIGN ON BEHALF OF THE COUNTY.
MOTTON: MOVE FOR THE ACTION.
M S
VOTE: 1 Y Z Y 3 Y ~ Y 5 Y (Unanimously carried}
3. Jail medical services contract - a contract has been prepared
with California Forensics Medical Group, Inc. for jail medical
services, September 1, 1987 through August 30, 1990. The
contract is in the base amount of $362,108 - action requested -
APPROVE CONTRACT AND AUTHORIZE THE CHATR TO SIGN. (90}
MOTION; MOVE TO APPROVE.
S M
VOTE: l Y 2 Y 3 Y ~+ Y 5 Y (Unanimously carried}
87-338 Appointments - commissions and committees. (147}
a. Board of Appeals for Handicapped Facilities - request to include
representatives from the Town of Paradise. (Supervisor Fulton)
MOTION: MOVE Tp APPOINT BEA STAVELEY TO THE BOARD OF APPEALS FOR
HANDTCAPPED FACILITIES.
M
VOTE: 1 2 3 4 5 (Motion withdrawn)
(CHIEF ADMINTSTRATIVE OFFICE TO VERIFY WHETHER THERE ARE VALID
APPOINTMENT VACANCIES TO ALL COMMITTEES AND COMMISSIONS.)
b. Appointments to committee vacancies. (APPOINTMENT TO BUTTE COUNTY
ARTS COMMISSION, DISTRICT 1, DISCUSSED; NO ACTION TAKEN.)
87-339 Presentation by Friends of the Butte County Library. (290)
MOTION: ACCEPT THE CHALLENGE AND APPROVE THE FIRST ANNUAL SOFTBALL
GAME FOR THE LIBRARY WITH SUPERVISOR McLAUGHLIN TO BE THE
COACH.
Page 313
July 7, ].987
July ~ 1987
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
87-340 Presentation of 1987-$8 assessment roll by county Assessor. (479)
(PRESENTATION MADE; NO ACTION TAKBN.)
87-341 Acceptance of report - Koppers Inquiry Ad Hoc Committee. (from
b/lb/87) (590)
MOTION: MOVE TO FORMALLY ACCEPT THE REPORT.
S M
VOTE: I Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
87-342 Report from Planning Director concerning sewage ponds policy
statement - action requested -ADOPT RESOLUTION FOR THE POLICY
STATEMENT ON SEWAGE PONDS. (from 5/16/87) (608}
MOTION: ADOPT RESOLUTION 87-108 WITH THE LANGUAGE CHANGES AS
PROP05ED BY SUPERVISOR VERCRUSE.
M S
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
87-343 Report from Planning Director concerning Chico urban area greenline
policy. (1130)
MOTION: DIRECT PLANNING COMMISSION TO CONDUCT A REVIEW ALONG THE
LINES PRESENTED BY THE PLANNING DIRECTOR AND REPORT BACK TO
THE BOARD,
M S
VOTE: I Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
$7-344 Report from Planning Director on Cliff Johnsen's letter regarding
residence for an agricultural employee. (1161) (DIRECT THE PLANNING
COMMISSION THAT APPROPRIATE ZONING BE CONSIDERED AS PART OF THE
GREENLINE REVIEW AND TO INITIATE ZONING FOR THE UNCLASSIFIED ZONES
CONGUR1tENT WITH THE FIVE-YEAR REVIEW PROCESS ON THE GREENLINE.
DIRECT THE ADMINISTRATIVE OFFICER TO PREPARE A LETTER TO MR. JOHNSEN
BASED ON THE PLANNING DIRECTOR'S MEMO.)
RECESS: 10;07 a.m.
RECONVENE: 10:22 a.m.
87-345 Report from Chief Administrative Officer concerning Welfare
management audit. (1849)
Page 314
July 7, 1987
July 7,~ 1987
MOTION: REFER THE MATTER TO THE GOVERNMENT OPERATIONS COMMITTEE FOR
A SCHEDULED DETAILED DISCUSSION WITH THE WELFARE DIRECTOR
AND WHO HE WANTS TO BE PRESENT AND THE CHIEF ADMINISTRATIVE
OFFICER AND WHO HE WANTS TO BE PRESENT AND THAT THIS
INFORMATION AND FURTHER INFORMATION BE REFERRED TO THE
COMMITTEE.
M S
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
CLOSED SESSION: The Board recessed at 10:25 a.m. to hold a closed
session regarding litigation on the County of
Butte v. City of Chico concerning the downtown and
North Valley Mall lawsuits.
RECONVENE: The Board reconvened at 11:06 a.rrt. following a closed
session regarding litigation. (NO ANNOUNCEMENTS MADE.)
Public Hearings and Timed Items
87-346 Public hearing - Jugum ranch - consideration of appeal of the
Advisory Agency's denial of an appeal of an EIR requirement an
tentative subdivision map, AP 40-18-06, 40-07-10, 17, 20, 13 lots,
property located on both sides of Janes Avenue from Yocum Avenue
southerly, Durham area. (1985} X~ (00) (CONTINUED TO AUGUST 18, 19$7
AT 11:00 A.M.) (FORMAL ADOPTION OF THE CHICO UNIFIED SCHOOL DISTRIGT
BOUNDARIES AND THE DIVIDING LINE BETWEEN THE DURHAM-DAYTON-NELSON AND
CHICO PLANNING AREAS TO BE CONSIDERED ON AUGUST 18, 1987.)
87-347 Public hearing - Canrad R. and Doris Springer, Trustees, Proterra
Corporation (controlled by Springers) - consideration of negative
declaration with mitigation measures regarding environmental impact
and use permit to allow a combination mobile home park, residential
rental unit, vehicle and/ar boat storage and seasonal RV use on
property zoned H-C (highway-commercial), located on the east side of
Lumpkin Road, approximately one mile past the Enterprise Bridge,
identified as AP 71-16-02, 03, Feather Falls area. (41) (CONTINUED TO
SEPTEMBER 1, 1987 AT 11:00 A.M.)
Regular Agenda
87-34$ Discussion of mitigation fees relating to the deer herd issue. (from
6/2/87} (107) (CONTINUED TO AUGUST 18, 1987)
Page 315
July 7, 1987
July ~ 1987
87-349 Planning Director requests interpretation of zoning code Section 24-
20(d) regarding installation of a temporary construction trailer in
an A-40 zone. (297) (CONTINUED UNTIL LATER IN THE MEETING.)
87-350 Report from County Counsel on the status of Measure "E". (from
6/16/87) (463) (VERBAL REPORT GIVEN; DISCUSSED; NO ACTION TAKEN.)
87 351 Report from Finance Committee concerning court professional services.
(583)
MOTION: MOVE THAT WE ADOPT THIS POLICY AND PROCEDURE AND AUTHORIZE
THE CHIEF ADMINISTRATIVE OFFICER TO WORK WITH ALL THE JUDGES
TO IMPLEMENT THE POLICY AND PROCEDURE.
S M
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
87-352 Report from Chief Administrative Officer concerning the status of
state budget and necessary county actions regarding the financing of
state mandated programs. (736) {REPORT GIVEN; DISCUSSED; NO ACTION
TAKEN.)
RECESS: 12:02 p.m.
RECONVENE: 1:36 p.m.
Public Hearings and Timed Items
87-353 Public hearing - Jere Bolster - consideration of proposed negative
declaration regarding environmental impact and rezone from PA-C
(planned area - cluster) to R-1 and R-3 (residential) for property
located on the south side of Lassen Avenue, approximately 270 feet
west of El Paso Way, including the parcel at the end of E1 Verano Way
west of E1 Pasa, identified as AP 7-06-67, 6$ (ptn), Ghico. (File
87-37) (880}
MOTION: NOTE THAT THE REQUIREMENTS OF CEQA HAVE BEEN COMPLETED AND
CONSIDERED TN MAKING THIS DECISION AND ADOPT A NEGATIVE
DECLARATION REGARDING ENVIRONMENTAL IMPACT; AND FIND THAT
THE PROPOSED REZONE CONFORMS TO THE POLICIES, INCLUDING THE
TEXT AND MAP OF THE BUTTE COUNTY GENERAL PLAN BECAUSE THE
DENSITY TS LESS THAN ALLOWED AND CONFORMS WITH NEIGHBORHOOD
DESIRES; AND ADOPT ORDINANCE 2608 REZONING TO R-1 AND 4-3
` THAT PROPERTY IDENTIFIED AS AP 7-06-67 AND 68 (PORTION); AND
ADOPT RESOLUTION 87-109 APPROVING AN AGREEMENT FOR
CONDITIONAL ZONING (JERE BOLSTER, ET AL) SUBJECT TO THE
FOLLOWING CONDITIONS:
1. AREA ZONED R-1 ACCESS IS LIMITED TO EL VERANO AND THE
AREA ZONED .R-3 ACCESS IS LIMITED TO LASSEN AVENUE.
Page 316
July 7, 1987
July ,7~ 1987
2. MAXIMUM DENSITY ALLOWED WILL BE 21
AND 3$ UNITS IN THE R-3 AREA.
S M
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y
UNITS IN THE R-1 AREA
(Unanimously carried)
Regular Agenda
87-354 Report from County Counsel on the status of Measure "E". (from
b/lb/87) {1334) (SUPERVISOR VERCRUSE REPORTED ON LOS ANGELES COUNTY
ACTION TAKEN REGARDING THIS MATTER.)
Public Hearings and Timed Items
87-355 Public hearing - Thomas Steed - consideration of rezone
{categorically exempt from environmental review) from A-4
(agricultural -residential) to AR-MH (agricultural-residential -
mobile home) on property located on the west side of l2th Street
approximately 275 feet south of Nelson Avenue, identified as AP 30-
03-5-11, Thermalito. (1388}
MOTION: FIND THAT THIS PROJECT IS CATEGORICALLY EXEMPT FROM
.ENVIRONMENTAL REVIEW {CLASS 3E}; AND FIND THAT THE PROPOSED
REZONE WOULD BE COMPATIBLE WITH EXISTING DEVELOPMENT AND
PROPOSED DEVELOPMENT IN THE COMMUNITY, CONFORMS TO THE LOW
DENSITY RESIDENTIAL GENERAL PLAN AND HOUSING ELEMENT BECAUSE
THE CHANGING OF THE DENSITY IN THE AREA WILL NOT BE
STGNII`IGANT; AND ADOPT ORDINANCE 2b09 REZONING TO AR-MH
(AGRICULTURAL RESIDENTIAL -MOBILE HOME) THAT PROPERTY
IDENTIFIED AS AP 30-03-5-11 (THOMAS STEED).
S M
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried}
MOTION: DURING THE
COMMISSION Ti
1974 MOBILE
PERMITS.
VOTE: 1 Y 2 Y
CODE AMENDMENT HEARINGS, DIRECT THE PLANNING
3 CONSIDER AMENDING THE ZONING CODE 50 THAT PRE
HOMES WILL BE ALLOWABLE IN ALL ZONES WITH USE
M S
3 Y 4 Y 5 Y (Unanimously carried)
Page 317
July 7, 1987
Ju1V ~ 1987
87-356 Public hearing -Don Deter, et a1 - consideration of proposed
negative declaration with mitigation measures regarding environmental,
review and rezone from U (unclassified) to P-Q (public, quasi-
public), SR-1 (suburban-residential - one acre parcels) and M-1
{light industrial), located along the west side of the Midway
approximately 1,000 feet south of Hegan Lane, identified as AP 39-06-
65, 70, 71, 93, and 94, Chico. (1605)
MOTION: FIND THAT THE REQUIREMENTS OF CEQA HAVE BEEN COMPLETED AND
CONSIDERED AND ADOPT A NEGATIVE DECLARATION; AND FIND THAT
THE PROPOSED REZONE TO P-Q, SR-1 AND M-1 IS COMPATIBLE WITH
THE GENERAL PLAN DESIGNATIONS ON-BYTE AND HISTORICAL LAND
USE AND COMPETES WITH BUTTE COUNTY CODE SECTION 24-27
THROUGH 29, SPECIFICALLY BECAUSE OF THE FOLLOWING: IT
ELIMINATES THE U ZONING AND PROVIDES SPECIFIC ZONING, TT TS
DN THE URBAN SIDE OF THE GREENLINE, MEETS THE GOVERNMENT
CODE SECTION 65861 TO BRING ZONING INTO CONFORMITY WITH THE
GENERAL PLAN ADOPTED BY THE BOARD OF SUPERVISORS TN 1985-
1986, AND IT BRINGS INTO GONFORMITY THE GENERAL PLANS OF THE
CITY AND COUNTY; AND ADOPT ORDINANCE 2610 REZONING TO P-l,
5R-1 AND M-1 THAT PROPERTY IDENTIFIED AS AF 39-06-65, 70,
71, 93 AND 94; AND ADOPT RESOLUTION 87-110 APPROVING THE
AGREEMENT FOR THAT PROPERTY IDENTIFIED AS AP 39-06-65, 93
AND 94 (DON DETER, ET AL). THE AGREEMENT WILL BE SUBJECT TO
THE FOLLOWING CONDITION:
1. UPON APPLICATION FOR A SUBDIVISION ON PARCEL 36-06-94,
THE EXISTING AIR STRIP WILL BE ABANDONED.
M S
VOTE: 1 Y Y 3 Y 4 Y 5 Y (Unanimously carried)
87-357 Public comment. (PRESENTATIONS WILL BE LIMITED TO FIVE MINUTES. THE
BOARD OF SUPERVISORS TS PROHIBITED BY STATE LAW FROM TAKING ACTION ON
ANY ITEM PRESENTED IF IT IS NOT LISTED ON THE AGENDA.) (1740)
~.. LaNora Nelsan, representing Concerned Citizens for Education -
spoke opposing the proposed Indian bingo games.
2. Wade McCarthy, representing Disabled American Veterans - spoke in
opposition to the proposed Indian bingo games.
3. Mary Jones, representing Palermo Grange - spoke in opposition to
the proposed Indian bingo games.
4. John Russell spoke in opposition to the propased Indian bingo
games for the Catholic Church and the Las Plumas Band Boosters.
Page 3i8
July 7, 1987
July 7~ 1987
(REPORT ON THE PROPOSED ACQUISITION OF LAND BY THE BUREAU OF INDIAN
AFFAIRS TO BE PLACED ON THE AGENDA FOR AUGUST 18, 1987.)
6. Glen Miller, Concow - spoke regarding SCT, county vehicles being
driven by department heads and the budget problems facing Butte
County.
7. William Houston - spoke regarding the Butte County Charter and
the budget problems,
Regular Agenda
87-358 Planning Director requests interpretation of zoning code Section 24-
20(d) regarding installation of a temporary construction trailer in
an A-40 zone. (2632) %~*X(000}
MOTION: MOVE THE RECOMMENDATIONS AS RECOMMENDED BY THE PLANNING
DIRECTOR.
S M
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
Communications (13}
87-359 Communications received and referred. (COPIES OF ALL COMMUNiCATI0N5
ARE AVAILABLE IN THE CLERK OF THE BOARD OFFICE.)
a. Butte Caunty Historical Society. -writes to clarify their
position with regard to their acquisition of the Durham Cemetery.
(REFERRED TO COUNTY COUNSEL FOR REPORT AND RECOMMENDATION.)
(DISCUSSED; NO ACTION TAKEN.)
b. Michael and Dot Renwick - write to request clarification of
whether a preschool child care center may be located at the corner of
Lower Wyandotte and Wheeler Avenue on AP 36-28-32 and 36 which is
zoned AR-MH-2-1/Z. (REFERRED TO PLANNING DIRECTOR FOR REPORT AND
RECOMMENDATTON.)
c. John S. Morgan - writes concerning delays in obtaining approval
for tentative parcel map AP 72-25-02. (REFERRED TO PLANNING AND
PUBLIC WORKS FOR REPORT AND RECOMMENDATTON.)
d. Economic Development Corporation - Nancy Holdinghausen, economic
development specialist, writes concerning the Butte County exhibit at
the California State Fair. (INFORMATION ONLY.)
Page 319
July 7, 1987
3uly ~ 1987
Reg~la~ Agenda
87-360
Report from Chief Administrative Officer regarding revised Board of
Supervisors meeting schedules for July and August. (136)
MOTION: CANCEL HEARINGS SCHEDULED FOR JULY 21 AND 28, 1987, ADOPT
SCHEDULE AS PRESENTED BY CHIEF ADMINISTRATIVE OFFICER AND
ADOPT RESOLUTYON 87-111 SETTING A PUBLIC HEARING DATE OF
SEPTEMBER 1, 1987 AT 11:00 A.M. FOR JOHN J. STARK -
ABANDONMENT OF SIX-FOOT AND EIGHT-EDDY PUBLIC UTILITY
EASEMENT, KELLY RIDGE ESTATES N0. 3, LOT 41, AP 69-19-41.
S M
VOTE: 1 N 2 Y 3 Y 4 Y 5 Y (Motion carried)
CLOSED SESSION: The Board recessed at 2:52 p.m, to hold a closed
session on the following litigation: Butte
County v. City of Chico (North Valley Mall}, Case
No. 340790; potential litigation on County of
Butte v. Brown Brothers; Scott Valley Band of Pomo
Indians of the Sugar Bowl Rancheria v. The United
States of America; and Pauline Gilliam v. County of
Butte.
RECONVENE: The Board reconvened at 3:19 p.m. following a closed
session regarding litigation. {NO ANNOUNCEMENTS WERE
MADE},
RECESS: 'The Board recessed at 3:20 p.m. to reconvene on Wednesday,
July 8, 1987 at 10:00 a.m.
is st ~'c it x X x ~ ~'e x July ~ 1987 ~'c ~t s'c :'c s2 9c sc ~'c :c ~
87-361
Call to order - Board of Supervisors room, County Administration
Building, 25 County Center Drive, Oroville. Present: Supervisors
Fulton, Mclnturf, Vercruse and Chair Dolan, Martin J. Nichols, chief
administrative officer; John Kenny, interim county counsel, by
Carroll Ragland, chief deputy county counsel; and Cathy Pitts,
assistant clerk to the Board. Absent: Supervisor McLaughlin.
Discussion of county taking over responsibility for old Gianella
Bridge. (Supervisor Dolan)
MOTTON: MOVE UNDER THE REQUIREMENTS OF THE BROWN ACT AMENDMENT THAT
"THE NEED TO TAKE ACTTON ON THIS ITEM AROSE" AFTER THE
AGENDA WAS POSTED PURSUANT TO GOVERNMENT CODE SECTION
54954.2(B} (2).
M S
VOTE: l Y 2 Y 3 Y 4 AB 5 Y (Motion carried)
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