HomeMy WebLinkAboutM080685August 6, 1985
Call to order - Soard of Supervisors room, County Administration
Building, 25 County Center Drive, Oroville.
Present: Supervisors Dolan, McInturf, McLaughlin, Wheeler and
Chairman Fulton; Martin J. Nichols, chief administrative officer;
Del Siemsen, county counsel; and Rubye Townsley, deputy clerk of
the Board.
Pledge of allegiance to the Flag of the United States of America.
55-505 Additional items from Board members to be addressed at the end of
the day.
1. Supervisor Wheeler - State Water Commission.
2. Supervisor McLaughlin - {a} bike path; (b) fence at Southgate
Acres {to be discussed with Agenda Item 3.56{h}.
3. Supervisor Wheeler - requested closed session on litigation
and potential litigation.
85-506 Items removed from the Consent Agenda far separate consideration:
(lig)
1. General Assistance cost-of-living allowance - the Welfare Director
submits recommendations for approval of the annual cost-of-living
allowance of 5.7% for recipients of General Assistance to commence
as of September 1, 1955.
2. Recision of tentative certification of cancellation of Land
Conservation Act Agreement - Michael G. and Andrea Kay Dawson -
cancel7ation fees in the amount of $2,202 were not paid in a
timely manner in accordance with existing Board policy.
3. Baldwin Contracting Company - petitions the Board to accept
into the county road system four cul-de-sac streets in the
Southgate Acres Subdivision and Southgate Acres II Subdivision.
Page 86
August 6, 1985
85-507 Consent A_ e9 nda
1. Amendment to minutes - April 2, 1985. AMENDED MINUTE ORDER $5-264
TO REFLECT THE ADOPTION OF RESOLUTION 85-49 FORMING COUNTY SERVICE
AREA 90 AND 93.
2. Approval of minutes, APPROVED MINUTES OF JULY 16, 19 AND 22,
1985.
3. Budget transfers. APPROVED BUDGET TRANSFERS B-333 AND B-334.
4. Formation of County Service Area No. 95 - the Butte County Local
Agency Formation Commission has approved the formation of County
Service Area No. 95 (Copley Acres Unit No. 3 - storm drainage).
In order to form the county service area, a public hearing must
be held. ADOPTED RESOLUTION 85-118 SETTING HEARING DATE FOR
SEPTEMBER 17, 1985 AT 11:00 A.M.
5. Butte County Board of Supervisors - amendment (item determined
to be categorically exempt from environmental review) to the
Butte County Code adding Section 24-37.65, Restoration of
Nonconforming Buildings or Structures. SET HEARING DATE FOR
SEPTEMBER 17, 1985 AT 11:15 A.M.
6. Butte County Planning Commission - proposed negative declaration
regarding environmental impact and code amendment to the Butte
County Cade to rename Section 24-66 A-2 (general} to U
(unclassified), renumber the section to 24-195 and revise the
wording. SET UEARING DATE FOR SEPTEMBER 17, 1985 AT 11:30 A.M.
7. RFC Surveyors - on behalf of Gary Jacobs, appeals the Planning
Commission`s denial of rezone (proposed negative declaration
regarding environmental review) from PA-C (planned area cluster)
to S-R (suburban residential) and PUD (planned unit development)
for a 33-unit residential subdivision and a variance by all
residents on property located on the east side of Alamo Avenue,
220 feet south of East Avenue, identified as AP 42-07 38, Chico
(File 85-46). SET HEARING DATE FOR SEPTEMBER 17, 1985 AT
1:45 P.M.
8. Judicial district consolidation - an advertised public hearing
is necessary to consider recommendations of the Judicial Council
concerning the consolidation or enlargement of judicial districts
and other alterations of district boundaries. SET HEARING DATE
FOR AUGUST 20, 1985 AT 11:00 A.M.
9. Butte County Library donation
Cade Section 25355, a donation
Josie Otwell of Chico for the
DONATION AND AUTHORIZED LETTER OF
Page 87
in accordance with Government
of $100 has been received from
purchase of books. ACCEPTED
APPRECIATION.
August 6, 1985
s5-507
(Cont'd) 10. Butte County Library donation - in accordance with Government
Code Section 25355, a donation of $200 has been received
from the Fraternal Order of Eagles for the purchase of books.
ACCEPTED DONATION AND AUTHORIZED LETTER OF APPRECIATION.
11. Report to the Board - Gary Jacobs - proposed negative
declaration and denied rezone from PA-C (planned area cluster)
to S-R (suburban residential) and PUD (planned unit
development) far a 33-unit residential subdivision and a
variance by all residents on property located on the east
side of Alamo Avenue, 220 feet south of East Avenue, identified
as AP 42-07-38, Chico (File 85-46}, ACCEPTED FOR INFORMATION.
72. Final map - Vera]1 Sheldon Subdivision - the developer has
provided a cash deposit to guarantee maintenance of facilities
far a period of one year starting July 26, 1985 on the four-lot
subdivision, AP 72-47-02, 03 and O4, property located on
the south side of Forbestown Road at Hide-A-Way. ACCEPTED
DEPOSIT BY DEVELOPER FOR TAXES OR SPECIAL ASSESSMENTS WHICH
ARE A LIEN BUT NOT YET DUE OR PAYABLE, APPROVED TWE FINAL
SUBDIVISION MAP AND AUTHORIZED THE CHAIRMAN TO SIGN THE
SUBDIVISION AGREEMENT.
13. Notice of completion - Gonstructian of Chapmantown Area
Improvement Project, Phase 3, Contract Na. 53235Q-84-1 - all
work on the project has been completed in accordance with
the plans and specifications. ACCEPTED PROJECT AND AUTHORIZED
FILING OF NOTICE OF COMPLETION.
T4. Annexation to CSA No. 23 (Pleasant Palley Storm Drainage) -
the Butte County Local Agency Formation Commission has approved
this annexation and forwarded it to your Board for
consideration. ADOPTED RESOLUTION 85-119 APPROVING THE
ANNEXATION RS PROPOSED.
15. Report from screening committee on proposals for administration
of the Community Development Block Grant Program. AWARDED
ADMINISTRATION OF CDBG PROGRAM TO CONNERLY 8 ASSOCIATES AND
AUTHORIZED PREPARATION OF CONTRACT.
76. Dane A. Cameron, attorney at law -- on behalf of Rocky Gordon,
fires a claim in the amount of $15,000 as a result of alleged
damages incurred as a result of his arrest on May T4, T985.
REJECTED CLAIM AND REFERRED TO COUNTY COUNSEL AND RISK
MANAGEMENT COORDINATOR.
77. Thomas A. Branson, attorney at law - on behalf of Bruce Choy,
Olga Choy, individually and as guardian for Nicole Choy,
a minor, makes claim for an unspecified amount of damages
as a result of an automobile accident on ar about April 12,
7985 in the area of the intersection of State Route 70 and
Ophir Road. REJECTED CLAIM AND REFERRED TO COUNTY COUNSEL
AND RISK MANANGEMENT COORDINATOR.
Page 88
August 6, 7985
85-507
(Cont'd) l8. Brant J. Bordsen, attorney at law - on behalf of Starkey Ranch,
files a claim in the amount of $72 plus any damages or
liabilities incurred relating to Superior Court Case No: 87708
{Neil R. Damon, et al, vs Starkey Ranch, et al) resulting
from an automobile accident an State Highway 99 north of
Nelson-Shippee Road on November 2, 1984. REJECTED CLAIM
AND REFERRED TO COUNTY COUNSEL AND RISK MANAGEMENT COORDINATOR.
19. Law Offices of Les Hait - on behalf of Douglas J. Cefali,
submits claim in the amount of $25,000 as a result of alleged
injuries and damages sustained on April T9, 20 and 22, 1985
as a result of his incarceration in the Butte County Jail.
REJECTED CLAIM AND REFERRED TO COUNTY COUNSEL RND RISK
MANAGEMENT COORDINATOR.
20. Gregory L. Bicla~ore, Stirling City - submits application
to present late claim and claim in the amount of $250,000
as a result of alleged damages incurred on or about August 27,
1984. DENIED REQUEST TO FILE LATE CLAIM.
2l. Penalty abatement requests - change of ownership reports.
APPROVED THE FOLLOWING REQUESTS: B.R.& D., AP 036-46-0-021-0,
AP 036-46-0-067--0 AND 068-0; JERALD & CAROL ZALVALNEY,
RP 007-07-3-020-0; WILLIAM & LORI TWISSELMAN, AP 042-42-0034-0;
MARK & CAROLYN RICHARDS, AP 042-42-0-038-0;
TORRIE & CANDY KELLEY, AP 001-15-0-043-0; RICHARD B, HOWARD,
AP 054-29-0-076-0; ALVIN W. GIBBON, JR., AP 036-17-6-007-0;
SUSAN L. FOOTS, AP 064-07-0-007-0; WAYNE & BONNIE ERICKSON,
AP 004-71-2-007-0; RON & LYNN DOSSIE, AP 048-]0-0-093-0;
LESTER HOWARD & CARLOS E. CASAGRANDE, AP 013-06-3-017-0;
GORDON BUFORD AND MAUREEN McCARTHY, AP 045-15-0-073-0;
DAVID & JOANN BEASLEY, AP 054-23-0-096-0; MARK BASTON AND
KARIN TRINKLER, AP 064-53-0-006-0; JOSEPH ADAMS,
AP 051--092-025-0; OSCAR CONN, AP 036-53-0-032-0. DENIED
THE FOLLOWING REQUESTS: LINDA McGRATH, AP 051-14-5-035-0,
SERIAL NOS. 85-2289, 2290; AND HERBERT W. HUMBER,
AP 006-23-0-003-0.
22. Gridley Judicial District - the court submits application
for discharge from accountability for collection of fine,
assessment or penalty on 19 cases amounting to $6,665 in
accordance with the provisions of Government Code
Section 25257. APPROVED REQUESTS.
23. Reissuance of warrant - Department of the Army - in accordance
with Government Code Section 29802, a request has been received
to reissue three county warrants amounting to $322.87.
AUTHORIZED THE ISSUANCE OF WARRANTS.
24. County Service Area No. 24, Zone 1 - a resolution has been
prepared to loan the service area $500 for the purpose of
covering maintenance costs with an effective date of June 30,
1985. Budget transfer B-333 has been prepared, in part,
to cover the appropriation. ADOPTED RESOLUTION 85-120 AND
AUTHORIZED THE CHAIRMAN TO SIGN.
Page 89
August 6, 1985
85- 507
(Cont'd) 25. Report from Auditor-Controller on contact with State
Controller's Office regarding reimbursement for homicide
trials. ACCEPTED FOR INFORMATION.
26. JTPA day-care subgrant - a subgrant has been prepared between
the county and the Valley Oaks Children's Services in the
amount of $15,000 to provide day-care referral to JTPA
eligibles. APPROVED THE SUBGRANT AND AUTHORIZED THE EXECUTIVE
OFFICER TO SIGN.
27. JTPA "dropout" subgrant - a subgrant has been prepared between
the county and the Butte County Superintendent of Schools
in the amount of $87,060 to continue the school dropout program
far JTPA eligibles for fiscal year 1985-86. APPROVED THE
SUBGRANT AND AUTHORIZED THE EXECUTIVE OFFICER TO SIGN.
28. JTPA training plan adjustment - the modification increases
the funding level for the Title IIB Snnmer Youth Employment
Program from $612,901 to a new allocation of $649,937. This
new funding level will increase the number of work experience
jobs for economically disadvantaged youth to 312. APPROVED
THE MODIFICATION AND AUTHORIZED THE CHAIRMAN TO SIGN.
29. Signature authorization - a form resolution has been prepared
authorizing the Chairman of the Board of Supervisors to sign
all contracts and resolutions approved by the Board. ADOPTED
RESOLUTION 85-121 AND AUTHORIZED THE CHAIRMAN TO SIGN.
30. Ratification of labor agreements - a Memorandum of
Understanding has been reached with each of the four bargaining
units for fiscal year 1985-86. The MOU's have been ratified
by the membership of the labor organizations and will become
effective when ratified by the Board of Supervisors. RATIFIED
THE MEMORANDUMS OF UNDERSTANDING WITH THE GENERAL UNIT, MCS
UNIT, LAW ENFORCEMENT GENERAL UNIT AND LAW ENFORCEMENT
MANAGEMENT-SUPERVISORY UNIT; AUTHORIZED TWE CHAIRMAN TO SIGN
AND AUTHORIZED THE PERSONNEL DIRECTOR TO SECURE AN ACTUARIAL
STUDY FROM PERS AMENDING THE COUNTY'S CONTRACT PURSUANT TO
GOVERNMENT CODE SECTION 20862.8.
31. Addendum No. l - agreement for housing of Butte County
prisoners in Shasta County correctional facilities - an
amendment to the agreement has been prepared extending the
termination date through dune 30, 1986 and making provisions
for year~to-year extensions thereafter. APPROVED AMENDMENT
TO AGREEMENT AND AUTHORIZED THE CHAIRMAN TO SIGN.
32. Butte County Detention Facility Minimum Security/Work Release
Dormitory - grant amendment - an amendment to the county's
contract with the State Board of Corrections has been prepared
which reduces the total project costs and county's hard match
by $102,856. APPROVED GRANT AMENDMENT AND AUTHORIZED THE
CHAIRMAP~ TO SIGN.
Page 90
August 6, 1985
85- 507
{Cont'd)
33. Butte County Arts Commission -- contract with Cheryl King
for arts coordinator services from July 1, 1985 to June 30,
1986 in the amount of $25,000, plus expenses not to exceed
$5,000. Funding is from a California Arts Council grant
received by the Arts Commission. APPROVED CONTRACT AND
AUTHORIZED THE CHAIRMAN TO SIGN.
34. Amendment No. 1 - Family Service Association of Butte and
Glenn Counties - the amendment to Contract No. 04-C-04 84-85
increases the limits of payments from $T 6,000 to $25,000
with monies coming from encumbered AS 1733 funds. APPROVED
CONTRACT AMENDMENT AND AUTHORIZED THE CHAIRMAN TO SIGN.
35. Child Protective Services agreement - an agreement has been
prepared with Randy Haapanen in the amount of $9,950 for
counseling and/or evaluation necessary in providing protection
for chi]dren at risk in the T984-85 fiscal year. APPROVED
AGREEMENT AND AUTHORIZED THE CHAIRMAN TO SIGN.
36. Child Protective Services agreement - an agreement has been
prepared with Anne Giel in the amount of $9,950 for counseling
and/or evaluation necessary in providing protection for
children at risk in the 1984-85 fiscal year. APPROVED
AGREEMENT AND AUTHORIZED THE CHAIRMAN TO SIGN.
37. Parent Education Network contract - the contract provides
for child abuse prevention programs to high risk children
and is in the amount of $62,700 covering the period July T,
1985 through June 30, 1986. APPROVED CONTRACT AND AUTHORIZED
THE CHAIRMAN TO SIGN.
38. Family Service Association of Butte and Glenn Counties - the
contract provides for child abuse prevention programs to
high risk children and is in the amount of $14,176 covering
the period July T, 1985 through June 30, 7986. APPROVED
CONTRACT AND AUTHORIZED THE CHAIRMAN TO SIGN.
39. Weights and measures quantity control verification - Contract
Na. 7515 has been prepared with the State Department of Food
and Agriculture in the amount of $8,376 covering operation
of the county's weights and measures program for the 1985-86
fiscal year. APPROVED AGREEMENT AND AUTHORIZED THE CHAIRMAN
TO SIGN.
40. County Service Area No. 4 {Paradise Pines) water quality
monitoring contract - an agreement has been prepared with
Robert L. Nevin, consulting engineer, to provide professional
services in the amount of $3,960 which represents an increase
of $395 over the previous year. APPROVED AGREEMENT AND
AUTHORIZED THE CHAIRMAN TO SIGN.
Page 9T
August 6, T985
85-507
(Cont'd) 41. Community Living Centers, dba Creekside contract - the contract
covers residential mental health services covering the period
July 1, 1985 through June 30, 1986 in the amount of $163,850.
APPROVED CONTRACT AND AUTHORIZED THE CHAIRMAN TO SIGN.
42. Work Training Center contract - a contract
with the Work Training Center to provide
recreational services for the Mental Health
covering the period July 7, 7985 through
an amount not to exceed $104,021. APPR~
AUTHORIZED THE CHAIRMAN TO SIGN.
has been prepared
socialization and
Department clients
June 30, 1986 in
~VED CONTRACT AND
43. Work Training Center contract - a contract has been prepared
with the Work Training Center covering vocational
rehabilitation services for the period July 1, 1985 through
June 30, 7986 in the amount of $46,587. APPROVED CONTRACT
AND AUTHORIZED THE CHAIRMAN TO SIGN.
44. City of Biggs law enforcement contract -- an agreement has
been prepared with the City of Biggs for the Sheriff to provide
specific law enforcement services for the period Juiy 7,
1985 - June 30, 7986 in the amount of $91,719. APPROVED
CONTRACT AND AUTHORIZED CHAIRMAN TO SIGN.
45. Agricultural Advisory Commission Bylaws - a resolution has
been prepared to approve and adopt the bylaws of the Butte
County Agricultural Advisory Commission. ADOPTED
RESOLUTI0~1 85-122 AND AUTHORIZED THE CHAIRMAN TO SIGN.
46. Ordinance regulating off-street parking on county-awned or
county-operated property. WAIVED SECOND READING AND ADOPTED
ORDINANCE 2478.
47. Mountain lion survey - the Fish and Game Commission requests
Board authorization to participate in a mountain lion track
survey to be performed by the Cooperative Extension, University
of California - Wildlife Extension in the approximate cost
of $200. AUTHORIZED PARTICIPATION IN SURVEY.
48. Chico Clipper - increase in fares - the City of Chico is
proposing to raise the fare on the Chico Clipper subsidized
taxi service to $1.00 which will coincide with Oroville and
Paradise. Current charges are 65~ for city residents and
80¢ for county residents. The increase is supported by the
CATS/Clipper and BCAG Citizens Advisory Committee. APPROVED
FARE INCREASES ON THE CHICO CLIPPER FOR COUNTY RESIDENTS
FROM 80¢ TO $1.00.
Page 92
August 6, 1985
85-507
(Cont'd) 49. County Service Area No. 37 {Gridley Ambulance Service) - a
contract amendment has been prepared with Oraville Medical
Center Hospital to extend the ambulance service on a
month-to-month basis at no increase in cost pending a review
of service requirements and seeking new bids. APPROVED
CONTRACT AMENDMENT, AUTHORIZED THE CHAIRMAN TO SIGN AND
AUTHORIZED FORMATION OF ADVISORY COMMITTEE TO REVIEW SERVICE
REQUIREMENTS, REVIEW BID RESULTS AND FORMULATE A RECOMMENDATION
TO THE BOARD ON AWARD OF BID.
50. Status report on Butte County Detention Facility Minimum
Security/Work Release Dormitory. ACCEPTED FOR INFORMATION.
51. Report from Water Commission on the Assembly Office of Research
report "Water Trading - Free Market Benefits for Imparters
and Exporters." ACCEPTED REPORT AND AUTHORIZED WATER
COMMISSION TO EXPLORE THE FEASIBILITY OF TRADING BUTTE COUNTY'S
STATF WATER ENTITLEMENT TO POTENTIAL DOWNSTREAM USERS.
52. EDA Economic Development District - a resolution has been
prepared supporting the concept of a newly created multi-county
non-profit corporation to foster economic development in
the Counties of Butte, Glenn and Tehama. ADOPTED
RESOLUTION 85-123 AND AUTHORIZED THE CHAIRMAN TO SIGN.
53. Appointment to Commission on Aging. APPOINTED MARGARET TAYLOR
A5 THE DISTRICT 3 REPRESENTATIVE.
54. Communications.
a. Chief Administrative Officer - writes the City of Chico
regarding fiscal impacts of the North Valley Plaza Mall
proposed annexation, recommending certain mitigation measures,
including a share of the sales tax, no annexation of the
shopping center, and a sharing of services. INFORMATION
ONLY.
b. City of Chico - the city forwards various information
and documents relating to Central Chico Redevelopment Project.
ACCEPTED FOR INFORMATION,
c. Butte County Law Enforcement Officers'
Association - forwards information and a proposal to maintain
staffing in lieu of a yet-to-be-filed lawsuit, the "lunch
hour lawsuit." REFERRED TO CHIEF ADMINISTRATIVE OFFICER,
COUNTY COUNSEL AND PERSONNEL DIRECTOR.
d. California Vehicle Foundation - requests the Board adopt
a resolution supporting its efforts to establish a museum
of automotive history in Sacramento, ADOPTED RESOLUTION 85-124
AND AUTHORIZED THE CHAIRMAN TO SIGN.
Page 93
August 6, 1985
85-507
(Cont`d) Communications {continued)
e. Town of Paradise - Mayor Staveley writes acknowledging
receipt of correspondence relating to a proposed Municipal
Affairs Agreement. ACCEPTED FOR INFORMATION.
f. County of Tehama - writes requesting Butte County support
introduction of legislation which will allow county input
into the approval of doe hunts on private wildlife management
areas. REFERRED TO FISH AND GAME COMMISSION FOR A REPORT
AND RECOMMENDATION.
g. A & Q Engineering, Chico - sends notification of their
intent to petition for the formation of Pentz Road Assessment
District to be located in the vicinity of Pentz Road and
Highway 99. REFERRED TO PUBLIC WORKS DIRECTOR.
h. County of Shasta - writes forwarding ideas and requests
Butte County support in assisting the Northern California
county Supervisors Association on haw the fiscal crisis in
counties can be addressed by the State Legislature. ACCEPTED
FOR INFORMATION.
i. State Department of Housing and Community
Development - advises that Butte County has been awarded
$283,872 from the 1985 State Community Development Block
Grant Program. ACCEPTED FOR INFORMATION AiVD REFERRED TO
DIRECTOR OF PUBLIC WORKS.
j. State Water Resources Control Board - sends notification
that the Board has approved completion of Butte County's
groundwater nitrate contamination study on February 27, 1985
and commends the Board's actions. ACCEPTED FOR INFORMATION.
k. County of Ventura - writes requesting support for AB 454
regarding continued state funding far foster care. AUTHORIZED
LETTER OF CONTINUED SUPPORT.
Motion: APPROVED CONSENT AGENDA.
M S
Vote: l Y 2 Y 3 Y 4 Y
Page 94
5 Y (Unanimously carried)
August 6, 1985
Regular Agenda
85-508 General Assistance cost-of-living allowance - the Welfare Director
(7bl} submits recommendations far approval of the annual cost-of-living
allowance of 5.7% for recipients of General Assistance to commence
as of September 1, 1985.
Motion: APPROVED INCREASES AS RECOMMENDED.
S M
Vote: T Y 2 Y 3 Y 4 Y 5 N (Motion carried)
85-509 Recision of tentative certification of cancellation of Land Conser-
{284} vation Act Agreement - Michael G. and Andrea Kay Dawson -
cancellatian fees in the amount of $2,202 were not paid in a
timely manner in accordance with existing Board policy.
Motion: APPROVED A CERTIFICATE RESCINDING CERTIFICATION OF
CANCELLATION OF LAND CONSERVATION ACT AGREEMENT AND
DIRECTED RECORDING OF CERTIFICATE; AUTHORIZED NOTICE
OF NON-RENEWAL OF LAND CONSERVATION ACT AGREEMENT ENTERED
INTO BY THE COUNTY OF BUTTE AND EARL H. PARKER, ET UX,
AS RECORDED BY BUTTE COUNTY RECORDER ON FEBRUARY 26,
7976.
S M
Vote: T Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
85-510 Baldwin Contracting Company - petitions the Board to accept into
(306) the county road system four cul-de-sac streets in the Southgate
Acres Subdivision and Southgate Acres II Subdivision. {REFERRED
TO PUBLIC WORKS DIRECTOR FORA REPORT AND RECOMMENDATION.)
85-517 Closed hearing - 1985-86 final budget.
(361}
7. Consideration of setting new office hours far Butte County
Library; consideration of resolution setting new office hours
for Planning Department.
Motion: ADOPTED RESOLUTION 85-125 SETTING NEW OFFICE HOURS FOR
BUTTE COUNTY LIBRARY; ADOPTED RESOLUTION $5-126 SETTING
NEW OFFICE HOURS FOR PLANNING DEPARTMENT.
S M
Uate: T Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
2. Consideration of resolution adopting land development fees
for the Public Works Subdivision Inspection Unit.
Motion: ADOPTED RESOLUTION 85-127 SETTING LAND DEVELOPMENT FEES
FOR THE PUBLIC WORKS SUBDIVISION INSPECTION UNIT, WITH
A REVIEW AND REPORT AND RECOMMENDATION FROM MR. CHEFF
IN SIX MONTHS.
S M
Vote: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
Page 95
August 6, 1985
8 5- 511
{Cont'd) 3. Consideration of resolution for adopting fees being removed
from the zoning code and adding an appeal fee and publishing
fees.
Motion: DIRECTED COUNTY COUNSEL TO PREPARE AN ORDINANCE FOR
THE CHANGING OF THE FEES FOR CHAPTER 24 OF THE COUNTY
CODE.
S M
Vote: T Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
4. Consideration of ordinance authorizing weights and measures
fees for commercial weighing and measuring instruments.
{HELD UNTIL LATER IN THE DAY.)
5. Consideration of ordinance amending Article 70 of the Butte
County Code regarding the powers and duties of the Planning
Commission - the General Plan and establishment of the zoning
administrator. (HELD UNTIL LATER IN THE DAY.}
6. Consideration of ordinance amending Butte County Code
Section 24-43, et seq, regarding zoning administrator. (HELD
UNTIL LATER IN THE DRY.)
7. Report by Chief Administrative Officer on study of County
Counsel's Office.
Motion: DECIDED NOT TO LAY OFF THE. TWO POSITIONS IN COUNTY
COUNSEL'S OFFICE AT THIS TIME.
S M
Vote: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
8. Salary ordinance amendment deleting 23 positions from the
Sheriff`s Department.
Motion: WAIVED SECOND READING OF THE ORDINANCE.
S M
Vote: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
Motion: ADOPTED ORDINANCE 2479.
M S
Vote: 1 N 2 Y 3 Y 4 Y 5 Y {Motion carried)
9. Salary ordinance amendment - implements the staffing changes
approved in the 1985-86 budget and the salary adjustments
shown in the Memorandum of Understanding with the General
Unit.
Motion: WAIVED FIRST READING OF ORDINANCE.
S M
Vote: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
Page 96
August 6, 1985
85- 571
(Cont'd) 10. Consideration of resolution supporting SB 1091 (Campbell).
Motion: ADOPTED RESOLUTION 85-128 SUPPORTING SB 1091.
S M
Vote: T Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried}
11. Approve detailed listing of budgetary changes from the
proposed budget.
72. Adopt resolution approving and adopting expenditures for
the final budget for FY 1985-86.
Motion: ADOPTED RESOLUTION 85-I29, INCLUDING DETAILED LISTING
OF BUDGETARY CHANGES.
M S
Vote: T Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
T3. Report from Chief Administrative Officer on 1986-87 budget
process.
Motion: MOVED THAT A BOARD COMMITTEE WORK WITH THE ADMINISTRATIVE
OFFICE TO DEVELOP PROCESSES BY WHICH WE CAN FORMALIZE
AN ONGOING CITIZEN INVOLVEMENT IN THE AREAS OF
(T} UNDERSTANDING STATE LEGISLATION AND REGULATION IMPACTS
AND WORKING FOR THEIR CHANGE; {2) UNDERSTANDING CITIES'
ANNEXATION AND REDEVELOPMENT POLICIES AND ASSISTING
US TO ACHIEVE A BETTER BREAK FOR THE COUNTY; (3) ASSISTING
US IN A SEARCH FOR FLEXIBILITY IN DEVELOPING OUR OWN
REVENUE SOURCES.
M S
Vote: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
{SUPERUISORS DOLAN AND McINTURF APPOINTED AS BOARD COMMITTEE.)
Recess: 10:17 a.m.
Reconvene: 10:40 a.m.
Public Hearings and Timed Items
85-512 Planning Commission - code amendment (item determined to be
categorically exempt from environmental review) to modify side
yard setback requirements for nonconforming substandard lots
in zones requiring large setbacks. Sections 24-37.10
(nonconforming parcels of record). (from 5/7/85) (CONTINUED
CLOSER TO AUGUST 20, T985.}
Page 97
August 6, 1985
** Recess: The Board recessed as a Board of Supervisors at 10:52 a.m.
to sit as the Air Pollution Control District Board of
Directors.
Reconvene: The Board reconvened at 11:25 a.m. as a Board of
Supervisors.
85-513 Jim Crane - proposed negative declaration and rezone from N-C
{81l) (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, an both sides of Napel Drive, identified as
AP 63-11-19, 63-74-76, 63-15-23 and 24, Forest Ranch.
{from 7/16/85)
Motion: NOTED THAT THE REQUIREMENTS OF CEQA HAVE BEEN COMPLETED
AND CONSIDERED IN MAKING THIS DECISION AND ADOPTED A
NEGATIVE DECLARATION REGARDING ENVIRONMENTAL IMPACT;
FOUND THAT THE PROPOSED REZONE DOES NOT CONFORM TO THE
POLICIES INCLUDING THE TEXT AND MRP OF THE BUTTE COUNTY
GENERAL PLAN; DENIED THE REZONE OF APPROXIMATELY 2.4 ACRES
TO H-C {HIGHWAY COMMERCIAL); AND ADOPTED ORDINANCE 2g8O
REZONING APPROXIMATELY 0.3 ACRES TO N-C FOR AP 63--1Z-i9
ONLY (JIM CRANE).
S M
Vote: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried}
85-514 NorthStar Engineering - on behalf of Mark Merlo, appeals the
(1699) 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 Lone Pine Avenue
between Little Chico Creek and Edgar Slough, identified as
AP 39-09-12, Chico. {from 7/16/85)
Motion: TO UPHOLD THE PLANNING COMMISSION'S DECISION DEFYING
THE USE PERMIT, FINDING THAT IT DOES NOT CONFORM TO
THE WAY THE ORDINANCE IS WRITTEN NOR WAS BEEN
ADMINISTERED.
M
Vote: 7 2 3 4 5
(MOTION DIES FOR LACK OF A SECOND.)
Motion: FOUND THAT THE REQUIREMENTS OF CEQA HAVE BEEN COMPLETED
AND CONSIDERED IN MAKING THIS DECISION AND ADOPTED A
FEGATIVE DECLARATION; FOUND 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 UNREASOFABLY INCOMPATIBLE WITH,
Page 98
August 6, 1985
85-514 OR INJURIOUS TO SURROUNDING PROPERTIES OR DETRIMENTAL
(Cont'd) 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; FOUND THAT THE PROJECT
MEETS THE REQUIREMENTS OF BUTTE COUNTY CODE SECTION
24-54 AND APPROVE THE USE PERMIT TO ALLOW THE SEGREGATION
OF A PARCEL FOR USE AS A HOMESITE ON AP 39-02-12 (MARK
MERLO) SUBJECT TO THE FOLLOWING CONDITIONS: (1} PARCELS
SHALL BE CREATED PURSUANT TO THE REQUIREMENTS OF THE
STATE SUBDIVISION MAP ACT AND CHAPTER 20 OF THE BUTTE
COUNTY CODE: (2} APPLICANT MUST COMPLY WITH THE RULES
AND REGULATIONS OF THE BUTTE COUNTY ENVIRONMENTAL HEALTH
DEPARTMENT; (3} PRIOR TO THE DIVISION BEING EFFECTIVE,
THE OWNER OR OWNERS OF THE PROPERTY INCLUDED IN THE
APPROVED DEVELOPMENT PLAN SHALL EXECUTE AND CAUSE TO
BE RECORDED IN THE OFFICE OF THE RECORDER OF BUTTE COUNTY
A RESTRICTION BINDING UPON THE ORIGINAL OWNERS AND THEIR
HEIRS, SUCCESSORS AND ASSIGNS, WHICH DISALLOWS ADDITIONAL
DWELLINGS FROM BEING LOCATED ON THE PROPERTY UNTIL EITHER
OF THE FOLLOWING CONDITIONS OCCUR - (a) THE PROPERTY
IS REZONED TO ANY OTHER ZONE, OR - (b} AT LEAST TEN
(10) YEARS HAS ELAPSED FROM DATE OF RECORDATION, AND
THE COMMISSION FINDS CIRCUMSTANCES REGARDING SAID PROPERTY
AND OTHER PROPERTIES IN THE AREA HAVE CHANGED SUFFICIENTLY
TO RECONSIDER THE RESTRICTION {ORDINANCE NO. 2167,
SECTION 6, 11-25-80}; AND (4) APPLICANT MUST AL50 COMPLY
WITH ALL OTHER APPLICABLE STATE AND LOCAL STATUTES,
ORDINANCES, AND REGULATIONS.
S M
Vote: i Y 2 N 3 Y 4 Y 5 N {Motion carried)
Recess: 72:20 p.m.
Reconvene: 1:15 p.m.
(SUPERUISOR DOLAN ABSENT AT THIS TIME}
85-515 Additional items from Board members:
i. Supervisor Wheeler asked to be excused at 2:00 p.m. to attend
to a family matter.
2. Supervisor Wheeler announced that the State Water Commission
will be meeting in Chico City Council Chambers on October 3
and 4 to receive input on water needs of the north state
and wi1T tour water facilities in the county.
Supervisor Wheeler will speak and be a panelist on the 4th.
The Board is invited, and she asked the Board to coordinate
a "host/no-host" dinner meeting for them. She wi11 be bringing
back a proposal for a forum on water.
Page 99
August 6, 1985
85-5T6 Recognition of persons wishing to speak. (PRESENTATIONS WILL
(2978) BE LIMITED TO FIVE MINUTES.)
*** T. Robert Besser - regarding a zoning violation in his
neighborhood.
(SUPERVISOR DOLAN PRESENT AT THIS TIME)
Motion: REQUESTED THE DISTRICT ATTORNEY TO FILE A MISDEMEANOR
COMPLAINT ON THTS ZONING VIOLATION AND IF HE CHOOSES
NOT T0, THEN AUTHORIZED COUNTY COUNSEL TO FILE A CIVIL
SUIT FOR INJUNCTIVE RELIEF.
M S
Vote: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried}
2. Russ Croninger - requesting an appointment to the Land Use
Commission.
3. ne71 Lind - regarding the jail consent decree.
4. Cindy Schons - problem with legal description of property
bought at a county sale.
(SUPERVISOR WHEELER ABSENT AT THIS TIME)
5. Joe Schons - problem with legal description of property bought
at a county sale.
5. Lewis Forbes - regarding differences between Board and Sheriff.
Regular Agenda.
$5-5i7 Report on Oroville-Quincy Highway paving project
(776) (Supervisor McInturf).
Motion: OFFICIALLY SUPPORTED FEDERAL FUNDING FOR THE
OROVILLE-QUINCY HIGHWAY PROJECT. DIRECTED COUNTY COUNSEL
TO INVESTIGATE NECESSARY LEGAL ACTION AGAINST THE
APPROPRIATE UNITED STATES GOVERNMENT AGENCIES TO SECURE
THROUGH THE COURTS POLICY CWANGES THAT WILL PREVENT
THE PLUMAS COUNTY BOARD OF SUPERVISORS FROM HAVING VETO
POWER OVER THIS PROJECT. MR. RISCIONI HAS INDICATED
TWAT IN A VERY SHORT TIME HE COULD 5ET UP A MEETING
WITH REPRESENTATIVES FROM THE FEDERAL HIGHWAY COMMISSION
SO THAT WE MIGHT BE ABLE TO BEGIN NEGOTIATIONS IN AN
ATTEMPT TO RESOLVE THIS BEFORE GETTING INTO A COURT
ROOM SITUATION. AUTHORIZED SUPERVISOR McINTURF TO
OFFICIALLY REPRESENT BUTTE COUNTY'S POSITION IN FUTURE
DISCUSSIONS RND NEGOTIATIONS REGARDING THIS PROJECT.
Page 7 00
August 6, 1985
85-5T7
(Cont`d} M S
Vote: T Y 2 Y 3 A8 4 Y 5 Y (Motion carried}
85--5T8 Report on bid opening - 1$th Street, Project No. 25441-84-7.
(1289}
Motion: AWARDED SID TO SALDWIH CONTRACTING COMPANY, INC.
M S
Vote: l Y 2 Y 3 RB 4 Y 5 Y {Motion carried)
85-519 Additional items from Board members:
(7380)
7. Supervisor McLaughlin wished to discuss the abandonment of
a bike path. (PUBLIC WORKS DIRECTOR TO CONTACT APPROPRIATE
PERSONS TO SUBMIT PETITION FOR ABANDONMENT.}
Regular Agenda
85-520 Discussion of possibility of two temporary mobile homes as
{1449) additional dwellings being installed on one parcel.
Motion: CONCURRED WITH PLANNING STAFF'S INTERPRETATION THAT
THE REFERENCE TO A SECOND UNIT MEANS ONLY TWO.
S M
Vote: ] Y 2 Y 3 AB 4 Y 5 Y (Motion carried)
85-521 Discussion of setting hearing dates on General Flan amendments
(1570} for September 17, 1985. {HEARING SET FOR OCTOBER 7, 1985, AT
2:00 P. M.)
85--522 Additional item:
(7780)
T. Bettye Kircher, planning director, requested the Board to
initiate a General Plan amendment fora solid waste facility.
Motion: INITIATED GENERAL PLAN AMENDMENT TO DESIGNATE THE EXISTING
HEAL ROAD, OROVILLE WOOD WASTE SITE AND THE GRIDLFY
TRANSFER STATION.
M S
Vote: l Y 2 Y 3 AB 4 Y 5 Y (Motion carried)
Page 701
August 6, T985
85-522
(Cont'd) 2. Roctc Creek Reclamation District - information has been received
from the Local Agency Formation Commission concerning persons
desiring to be left out of the proposed district and suggests
that notices be given regarding setting the public hearing
in accordance with law.
Motion: SET HEARING DATE FOR OCTOBER 15, T985 AT 2:00 P.M.
M S
Vote: l Y 2 Y 3 AB 4 Y 5 Y {Motion carried)
Regular Agenda
85-523 Discussion of administrative process and adapting fees for
(2250) administration and review of environmental impact reports.
Motion: ADOPTED RESOLEITION 85-130 APPROVING FEES.
S M
Vote: l Y 2 Y 3 AB 4 Y 5 Y (Motion carried)
85-524 Additional item from Board members:
(2400)
1. Supervisor McInturf wished to discuss the Fair Street Fire
Station. (BUDGET COMMITTEE RECOMMENDS DUSCUSSING THIS ITEM
ON AUGUST 20, 1986.)
2. Supervisor McInturf questioned the necessity to fire proof
steel beams in the jail construction project (from backup
material for Agenda Item 3.52). {MR. NICHOLS ASSURED HIM
THIS WAS A NECESSITY.)
Closed Session: The Board recessed at 3:10 p.m. for a closed
session on worker's compensation cases, jail
lawsuit, and McCri11is lawsuit.
Reconvene: The Board reconvened at 3:52 p.m. (SEE FOLLOWING
MINUTE ORDER.)
Page 702
August 6, 1985
85-525 Motion: IT WAS MOVED THAT THE BUTTE COUNTY BOARD OF SUPERVISORS,
IN ACCORDANCE WITH GOVERNMENT CODE §995.8, AGREES TO
RETAIN THE FIRM OF POPELKA, ALLARD, McCOWN, JONES AND
HOWARD TO REPRESENT THEM AS A GROUP AND AS INDIVIDUALS
IN THE CASE OF JONES, ET AL, YS. BROOKS, ET AL, THROUGH
THE COMPLETION OF THIS ACTION, INCLUDING, BllT NOT LIMITED
TO, ANY CONTEMPT OF COURT HEARINGS, CIVIL OR CRIMINAL,
AND THAT, FURTHER, THE BOARD OF SUPERVISORS OF THE COUNTY
OF BUTTE FINDS THAT SUCH DEFENSE WOULD BE IN THE BEST
INTERESTS OF THE COUNTY OF BUTTE AND THAT THE CHALLENGED
RCTION OF THE SUPERVISORS AND THE BOARD WERE IN GOOD
FAITH, WITHOUT ACTUAL MALICE AND IN THE APPARENT INTERESTS
OF THE COUNTY OF BUTTE.
S M
Vote: 7 Y 2 Y 3 AB 4 Y 5 Y {Motion carried)
Regular Agenda
85-526 1. Consideration of resolution for adopting fees being removed
(2570) from the zoning code and adding an appeal fee and publishing
fees. (CONTINUED FROM EARLIER IN THE DAY.)
2. Consideration of ordinance authorizing weights and measures
fees for commercial weighing and measuring instruments.
(CONTINUED FROM EARLIER IN THE DAY.}
3. Consideration of ordinance amending Article 70 of the Butte
County Code regarding the powers and duties of the Planning
Commission - the General Plan and establishment of the zoning
administrator. (CONTINUED FROM EARLIER IN THE DAY.}
4. Consideration of ordinance amending Butte County Code Section
24-43, et seq, regarding zoning administrator. (CONTINUED
FROM EARLIER IN THE DAY.}
Motion: WAIVED FIRST READING OF ORDINANCE AMENDING BUTTE COUNTY
CODE IN RELATION TO ADDING THE SECTION ON WEIGHTS AND
MEASURES AND CHANGING THE ZONING CODE.
M S
Uote: l Y 2 Y 3 AB 4 Y 5 Y {Motion carried}
Adjournment: There being nothing further before the Board at
this time, the meeting was adjourned at 3:55 p.m.
Page 103
August 6, 1985
'~'~ - L l~
L N FULTON, hairman of the
Butte County Board of Supervisors
ATTEST:
MARTIN J. NICHOLS
Chief Administrative Officer and
Clerk of the Board of Supervisors
By:
Page 104
August 6, 1985