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HomeMy WebLinkAboutM081884September 18, 1984 Call to order - Board of Supervisors Room, County Administration Building, 25 County Center Drive, Oroville. Present: Supervisors Dolan, Fulton, Moseley, Wheeler and Chairman Saraceni; Martin J. Nichols, chief administrative Officr; Del Siemsen county counsel; and Rubye Tawnsley, deputy clerk of the Board. Pledge of allegiance to the Flag of the united, States of America. Invocation - Supervisor Moseley CLOSED SESSION: The Board recessed at 9:05 for a closed session. RECONVENE: The Board reconvened at 9:40 a.m. following a closed session on litigation. (NO ANNOUNCEMENT) 84-641 Additional items from Board members to be addressed at the end of the (24) day: 1. Supervisor Fulton wanted to discuss a brief item on water, 84-642 Items removed from the Consent Agenda for separate consideration: (3'7 ) 1. Budget Transfer 8--18. 2. Planning Commissioner's travel - Board authorization is requested to approve funding for Commissioner's Lambert, Avis and Vercruse to attend the California County Planning Commissioners Association meeting at Lake Arrowhead, October 11 - 13 in the approximate amount of $2,100, Page 239 September 18, 1984 3. Purchase of air conditioners - Chico Memorial Hall (Veterans Service Office) - Board authorization is necessary far the purchase of two air conditioners for the Chico Memorial Hall in the planned relocation of the Veterans Service Office. Budget Transfer 8-18 has been prepared to provide the necessary appropriation. 4. Fish and Game Commission Bylaws, 84-643 Consent Agenda (6I) 1. Approval of minutes - August 28, 1984. APPROVED MINUTES, 2. Budget transfers. APPROVED BUDGET TRANSFERS 8-19, 8-20, B-21 8-22, 8-23, 8-24, B-25, B-30 AND B-31. 3. Resolution in memory of Daniel M, Pellicciotti. ADOPTED RESOLUTION 84-150. 4. Eldon Sutton, Chico - appeals the Planning Commission's denial of a use permit (item on which a negative declaration regarding environmental impact has been recommended) to allow open storage and mini-storage as a home occupation on property zoned A-5 (agricultural - 5 acre parcels) located on the north side of Cosby Avenue, 600 feet east of Tone Pine Avenue, identified as as AP 39-47-03, Chico. PiJBLIC HEARING DATE SET FOR OCTOBER 2, 1984, AT 10:00 A.M. 5. Dave Jones, Chico - appeals the Planning Commission's denial of a use permit (item determined to be categorically exempt from environmental review) to a11ow a 2-story duplex on property zoned A-R {agricultural residential} located an the west side of Linden Street, approximately 300 feet south of East 9th Street, identified as AP 46-093-27, Chico. PUBLIC HEARING DATE SET FOR OCTOBER 2, 1984, AT 10:15 A,M. 6. R.F.C. Surveyors,- on behalf of Harold Urness, appeals the Planning Commission's denial of a rezone (item on which a negative declaration regarding environmental impact has been recommended} from R-3 (medium density residential} to PUD (planned unit development) on property located on the west side of Goodspeed Avenue, 350 feet north of Serviss Street, identified as AP 40-24-62, Durham. PUBLIC HEARING DATE SET FOR OCTOBER 2, 1984, AT 10:30 A.M. Page 240 September 18, 1984 84-643 7, Douglas S. Starr - appeals the Planning Commission's denial of a (Cont'd) rezone (item on which a negative declaration regarding environmental impact has been recommended) from TM-5 (timber mountain - 5 acre parcels) on property located on the south side of Forest Ranch Road, approximately 1/2 mile southwest from Highway 32, identified as AP 56-28-43, AP 56-36-20 and 21, Forest Ranch area. PUBLIC HEARING DATE SET FOR OCTOBER 2, 1984, AT 10:45 A.M. 8. County Service Areas 18, 67, 83 and 85 service charges - it is necessary for the Board to schedule new hearings for the establish- ment of service charges for the service areas. ADOPTED RESOLUTION 84-151 AMENDING RESOLUTION 84-149 DELETING APPROVED CHARGES FOR CSA'S 18, 67, 83 AND 85 AND PUBLIC HEARING DATE SET FOR OCTOBER 9, 1984, AT 10;00 A,M. 9. A. C. Bruhns, civil engineer - on behalf of John DeVries, appeals the Advisory Agency's denial of a tentative parcel map (recommended mitigated negative declaration regarding environmental impact}, AP 41-01-86, two parcels, property located approximately 6000 feet west of Dark Canyon Road, both sides of Yankee Vista Drive, Concow area, PUBLIC HEARING DATE SET FOR OCTOBER 9, 1984, AT 10:15 A,M, Z0. Barnhart-Brown and Associates - on behalf of Robert Cowden, appeal the Advisory Agency's denial of a tentative parcel map (recommended mitigated negative declaration regarding environ-- mental impact}, AP 72-~18-2$, three parcels, property located approximately 300 feet east of the intersection of Oroville Quincy Highway and Forbestown Road, Oroville area. PUBLIC HEARING DATE SET FOR OC'T`OBER 9, 1984, AT 10:30 A,M, 11. Barnhart-Brown and Associates, on behalf of Charles Hermann, appeal the Advisory Agency's denial of a tentative parcel map, AP 61-03-43, (recommended mitigated negative declaration regarding environmental impact), three parcels, property located on the north side of Oroville Quincy Highway 800 feet east of Bald Rock Road in the Bald Rock area. PUBLIC HEARING BATE SET FOR OCTOBER 9, 1984, AT 10:45 A.M. 12. Paul R. Minasian, attorney at law - submits petition in favor of the formation of the Rock Creek Reclamation District pursuant to Water Code Section 50000 et seq. ADOPTED RESOLUTION 84-152, GIVING NOTICE OF HEARING ON FORMATION OF DISTRICT FOR OCTOBER 16, 1984, AT 10:-00 A.M. 13. Federal Revenue Sharing Statement of Assurances - Entitlement Period 16 (October 1, 1984 through September 20, 1985). APPROVED STATEMENT OF ASSURANCES AND AUTHORIZED THE CHAIRMAN TO SIGN, page 241 September 18, 1984 84-643 14. Penalty abatement requests - change of ownership reports. (Cont'd) APPROVED THE FOLLOWING PENALTY ABATMENT REQUESTS: MR. & MRS. DENNTS L. RAGANS, AP 035-07-4-020-0; MYRNA VANDENPLAS, AP 042-48-0-006-0; CYNTHIA G. KOEHNEN AND GERALD 3. FAUGHN, JR., AP 045-09-015-0; JEFFREY L. & DEBORAH A, BIBLE, AP Q35-30-0-009-0; IMDAD AZIZ KHAN, AP 024-11-0-008-0; MR. & MRS. CHARLES LEMAN, AP 036-25-0-050-0; MR. & MRS. SAMUEL RUFFINO, SR. (et al), AP 044-67-0-009-0; MR, & MRS. DEAN RICHINS, AF 022-34-0-015-0; CECIL KETCHUM, AP 035-38-0-037-0, 38-0, 39-0, 40-0, 41-0; MR, & MRS. MARION ROBINSON, AP 056-37-0-001-0, 002--0, 003-0, 005-0, 008-0, 009-0, 010-0, 011-0, AP 056-38--0-001--0, 002-0, 003-0; CALIENTE FARMS, INC., AP 055-18-0-092-0, 093-0, 094--0; CRAIG DONALSON, AP 039-36-0-110-0; WILLIAM M. I3UBBARD, 044-20-0- 069--O;. F. CLARK GLASSON & ELIZABETH R. GLASSON, 044-20--069-0. DENIED PENALTY ABATEMENT REQUEST OF PHTLLIP DeCANN, AP 072-20-0- 033-0. 15. Appointments to Paradise Memorial Hall. APPOINTED LESLIE KING, DELEGATE, AND MICHAEL DORAN, ALTERNATE DELEGATE, TO SERVE UNTIL DECEMBER 31, 1985. 16. Appointments to the Building Code Board of Appeals. REAPPOINTED LYLE G. CHRYSLER, .TR., DAN COOK, STEVE IiONEYCUTT AND DORRANCE HERSHBERGER TO SERVE UNTIL AUGUST 1, 1988. 17. Appointments to the Kimshew Cemetery District. APPOINTED FRED PITNEY AND CAROLINE CLIFT TO SERVE UNTIL JULY 198$. 18. Butte County Superior Court donation - in accordance with Government Code Section 25355, a donation of $850 has been made by the Butte County Bar Association for shrubs, trees and plants to upgrade the landscaping of the Superior Court grounds. DONATION ACCEPTED. 19. Butte County Library donation - in accordance with Government Cade Section 25355, a donation of $1,000 has been made by Sally S. Young for the purchase of memorial books. DONATION ACCEPTED. 20. Report to the Board -- Douglas Starr - proposed negative declaration regarding environmental impact and denied rezone from TM-5 (timber mountain - 5 acre parcels) to TM-1 (timber mountain - 1 acre parcels) located on the south side of Forest Ranch Road, approximately 1/2 mile southwest from Highway 32, identified as AP 56-28-43, Forest Ranch. INFORMATION ONLY. 21. Report to the Board -- Harold Urness - proposed negative declaration regarding environmental impact and denied rezone from R-3 (medium density residential) to PUD (planned unit development) on property located on the west side of Goodspeed Avenue, 350 feet north of Serviss Street, identified as AP 40-24-62, Durham. INFORMATION ONLY. Page 242 September 18, 1984 84-643 22. Report to the Board - Butte County Board of Supervisors - denied (Cont'd) amendment to the Butte County Code (item determined to be categorically exempt from environmental review) to amend Section 24-404 to allow a temporary mobile home as a second dwelling in all zones allowing residential uses. INFORMATION ONLY. 23. Final map -Copley Acres Unit 2, Phase 2 - the developer has provided bonds to guarantee construction of improvements on the 6-lot subdivision, AP 36-53-23, property located on the north end of Melrose Drive, 200 feet north of Hunter Lane, Oroville area. ACCEPTED DEPOSIT BY DEVELOPER FOR TAXES OR SPECIAL ASSESSMENTS WHICH ARE A LIEN BUT NOT YET DUE OR PAYABLE; APPROVED THE FINAL MAP; AUTHORIZED ACCESS ACROSS THE 1-FOOT NO-ACCESS STRIP ON MELROSE DRIVE AS DEDICATED ON THE MAP FOR COPLEY ACRES, UNIT 2, PHA5E 1, RECORDED IN BOOK 85 OF MAPS, PAGES 89, 90 AND 91; ACCEPTED EASE- MENTS AS GRANTED IN THE OWNER'S CERTIFICATE ON BEHALF OF THE PUBLIC; ACCEPTED GRANT IN FEE SIMPLE FOR MELROSE DRIVE AND 1-FOOT NO-ACCES STRIP AS OFFERED IN THE OWNER'S CERTIFICATE; AND AUTHORIZER THE CHAIRMAN TO SIGN THE SUBDIVISION AGREEMENT. 24. Relief from accountability (Health Department) for a 1976 Chevrolet Vega, County Number 495 (Inventory Number 12540). AUTHORIZED RELIEF FROM ACCOUNTABILITY. 25. Relief from accountability {Paradise Justice Court) - the court is requesting relief from accountability for 41 cases amounting to $8,418 as the accounts are over three years old and have outstanding warrants of arrest issued and, if applicable, stop abstracts have been sent to the Department of Motor Vehicles. AUTHORIZED RELIEF FROM ACCOUNTABILITY. 26. Transfer of property to other governmental entities - pursuant to the provisions of Government Code Section 25365, it is recommended that county surplus property be transferred as follows: State Department of Food and Agriculture - 300 gallon volumetric prover, Lassen County - 50 Plectron alert monitors, Amador County - 20 Plectron alert monitors, 5iskiyou County - computer tape cleaner, City of Oroville - wooden bench and photo enlarger. AUTHORIZED TRANSFER OF PROPERTY. 27. Purchase of additional lawnmower (Building and Grounds) - Board authorization is necessary to purchase an additional lawnmower with no increase in cost beyond the existing budgetary appropriation. AUTHORIZED PURCHASE OF FIXED ASSET ITEM. Page 243 September 18, 1984 84-643 28. Purchase of insulation blower (C.A.A.} - the Community Action (Cont'd} Agency is requesting the purchase of an insulation blower for the Department of Energy's weatherization program in the amount of $3,381. AUTHORIZED PURCHASE. 29. Award of bid - reroofing of Public Works building -- bids have been opened for reroofing of Public Works with the low bidder being Meyers Roofing Service of Yuba City in the amount of $8,985. AUTHORIZED AWARD OF BID TO LDW BIDDER. 30. Ordinance amending Chapter 23B of the Butte County Code relative to water wells. WAIVED THE FIRST READING OF THE ORDINANCE.. 31. Report to the Board from Director of Health Services and Welfare Director relating to participation in the Medical Quality Review Committee. DIRECTED CHIEF ADMINISTRATIVE OFFICER TO ADVISE THE STATE THE COUN'T'Y DOES NOT DESIRE TO PARTICIPATE. 32. Report from Chief Administrative Officer on funding request of Butte County Health Planning Council. DIRECTED CkiIEF ADMINISTRATIVE OFFICER TO ADVISE THE COUNCIL TO SEEK ALTERNATIVE FUNDING FROM THE HEALTH SYSTEMS AGENCY. 33. Paul T, Persons, attorney - the attorney submits individual claims on behalf of James Richard Featherstone, Frank Wilcox and Robert C. Devinney, each in the amount of $100,000 as a result of alleged damages during incarceration in the Butte Ccunty Jail. REJECTED CLAIMS. AND REFERRED TO COUNTY COUNSEL AND RISK MANAGEMENT COORDINATOR. 34. Edna d. Bills, Oroville - submits a claim in .the amount of $91,704.68 as a resu~.t of alleged damages sustained depriving her of her employment as Treasurer/Tax Collector resulting from an illegal election. REJECTED CLAIM AND REFERRED TO COUNTY COUNSEL AND RISK MANAGEMENT COORDINATOR. 35. Barr, Newlan & Sinclair, attorneys as law ~- on behalf of Steve Pantaleoni, a claim is submitted in the amount of $150,000 as a result of alleged damages in the matter Dulai v. Pantaleoni, County of Butte, et al. REJECTED CLAIM AND REFERRED TO COUNTY COUNSEL AND RISK MANAGEMENT COORDINATOR. 36. Grant deed - 2127 A Street (Joyner} - the terms of the installment sales contract for the purchase of 2127 A Street have been ful- ~illed under the home purchase assistance program. AUTHORIZED THE CHAIRMAN TO SIGN THE GRANT DEED. Page 244 September 18, 1984 84-643 37. Public Defender extraordinary expenses ~- pursuant to the provisions (Cont'd). of the Public Defender Contract and upon recommendation of Public Defender Advisory Committee, approval of extraordinary expenses in the amount of $4,600 to J. Joseph VanDervoort is requested in the matter of the people v. Donnie Beacham and a related Welfare and Institution Code Section 300 case. APPROVED PAYMENT OF EXTRAORDINARY COSTS. 38. Contract amendment - Superior California Humane Society - recommended is an amendment to the agreement to allow the shelter to be open to the public on Sundays from 1:.00 p.m. to 3:00 p.m. APPROVED CONTRACT AMENDMEN'T' AND AUTHORIZED THE CHAIRMAN TO SIGN. 39. Nursing Services Contract - a contract has been prepared with the Butte County Superintendent of Schools Office in the amount of $10,000 which will allow the Health Department to continue to provide nursing services in selected schools within the county. APPROVED CONTRACT AND AUTHORIZED THE CHAIRMAN TO SIGN. 40. Dental Disease Prevention Contract and Subcontract - a contract has been prepared with the State Department of Health Services and a renewal agreement has been prepared to subcontract with the Northern Sacramento Valley Rural Health Project to conduct the program in the amount of $22,500. APPROVED CONTRACT WITH STATE AND SUBCONTRACT WITH NORTHERN SACRAMENTO VALLEY RURAL HEALTH PROJECT AND AUTHORIZED THE CHAIRMAN TO SIGN. 41. Rape Crisis Intervention Contract - Amendment No. 2 has been prepared with the agency in the amount of $8,000 to cover the period July 1, 1984, through June 30, 1985. APPROVED CONTRACT AMENDMENT AND AUTHORIZED THE CHAIRMAN TO SIGN. 42. Chico Meals on Wheels Contract - Amendment No. 3 to the agreement with the Chico Area Council on Aging, Inc., has been prepared in the amount of $7,500 covering the period October 1, 1984, through October, 1985. APPROVED CONTRACT AMENDMENT AND AUTHORIZED THE CHAIRMAN TO SIGN. 43. Paradise Meals on Wheels Contract - Amendment No. 3 to the agreement with Paradise Council on Aging, Inc., has been prepared in the amount of $5,200 covering the period October, 1984, through October, 1985. APPROVED CONTRACT AMENDMENT AND AUTHORIZED THE CHAIRMAN TO SIGN. 44. Greyhound Lines, Inc., Contract Amendment - Amendment No. 2 has been prepared with Greyhound Lines, Inc., extending the current agreement through June 30, 1985, which allows the individuals to ride Greyhound routes in which duplicate county transit's routes for the same fare charged by Butte County Transit. The county's share of the cost is approximately $3,930 to be funded from Transportation Development Acts funds. APPROVED CONTRACT AMENDMENT AND AUTi30RIZED THE CHAIRMAN TO SIGN. page 245 September 18, 1984 84-643 45, Eligibility Worker Training Program Agreement - an agreement has (Cont'd) been prepared with the Regents of the University of California in the amount of $10,000 for the period July 1, 1984, through June 30, 1985. U.C. Davis will provide the local 2S~ match and the county will secure the other 75g from the state. APPROVED CONTRACT AND AUTHORIZED THE CHAIRMAN TO SIGN. 46. Licensing Contract - a contract has been prepared with the State Department of Social Services in the amount of $44,414 wherein the county performs licensing functions for foster family homes, covering the period July 1, 1984, through June 30, 1985. APPROVED CONTRACT AND AUTHORIZED THE CHAIRMAN TO SIGN. 47. Child Abuse and Neglect Prevention and Intervention Program - Amendment No. 1 to Agreement No. 12097 has been prepared in the amount of $52,668 wherein the county extends AB-1733 contracts to the Parent Education Network and Family Service Association through June 30, 1985. APPROVED CONTRACT AMENDMENT AND AUTHORIZED THE CHAIRMAN TO SIGN, ACCEPTING CONDITIONS OF THE AMENDMENT AS RECOMMENDED BY THE WELFARE DIRECTOR. 48. George Robison, attorney at law - on behalf of Louis Duncan, appeals the Advisory Agency's denial of a tentative parcel map (recommended mitigated negative declaration regarding environmental review), AP 58-52-04, four parcels, property located on the north side of Highway 70, 800 feet east of Big Bend Road, Concow area, PUBLIC HEARING DATE SET FOR OCTOBER 9, 1984, AT 10:45 A.M, 49. Communications, a. Paradise Air Center - writes commending city, county and state emergency crews in follow-up to the aircraft accident on August 22 at the airport, ACCEPTED FOR INFORMATION AND DIRECTED COPIES SE SENT TO CONCERNED DEPARTMENTS. b, Greater Chico Chamber of Commerce - requests Board of Supervisors' input an specific needs applicable in the area of economic development. REFERRED COMMENTS TO THE CHIEF ADMINISTRATIVE OFFICER FOR INCLUSION OF RESPONSE TO THE CHAMBER. c. American Savings and Loan Association -- regarding North Country Subdivision, request a one-year extension of the subdivision agreement and the extension on the letter of credit in lieu of bonds. REFERRED TO PUBLIC WORKS FOR REPORT AND RECOMMENDATION. d. Hal T. Brook, Sheriff - submits request fnr $325,000 in unanticipated revenue as the result of the passage of AB 3400 to be committed to Sheriff's operations. ACKNOWLEDGED REQUEST, TOGETHER WITH RESPONSE OF CHIEF ADMINISTRATIVE OFFICER. Page 246 September 18, 1984 84-543 49. Communications (continued) (Cont'd) e. Victoria E. Young, attorney at law - writes regarding an "Assessment Amortization Schedule" from the North Burbank Public Utility District. REFERRED TO CHIEF ADMINISTRATIVE OFFICER AND AUDITOR. f. State Department of Health Services - writes indicating their approval of the Maternal and Child Health Budget and Scope of Work Addendum for 1984-85. INFORMATION ONLY. g. State Department of Water Resources, Northern District - Donald ,7. Finlayson, chief, advises that AB 3758 and SB 2320, which would have provided funding for the Foothill Water Resources Study, did not pass. REFERRED TO CHIEF ADMINISTRATIVE OFFICE TO MEET WITH WATER COMMISSION, PLANNING DEPARTMENT AND STATE TO DISCUSS ALTERNATE FUNDING OF PLAN. Motion: APPROVE CONSENT AGENDA. M F Vote: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried) Regular Agenda 84-b44 Budget Transfer B-18 (69) Purchase of air..conditianers - Chico Memorial Hall (Veterans Service Office) - Board authorization is necessary for the purchase of two air conditioners for the Chico Memorial.Ha11 in the planned relocation of the Veterans Service Office. Budget Transfer B-18 has been prepared to provide the necessary appropriation.. (ITEMS REN3OVED FROM THE AGENDA) 84-645 Fish and Game Bylaws. (ON PAGE 1, ITEM 1, LAST LINE, AMENDED TO (93) ELIMINATE THE WORD "INCLUDING" AND INSERTING "AND." PAGE 1, ITEM 6, FIRST LINE, AMENDED TO ELIMINATE THE WORD "PRESIDENT" AND INSERTING TIIE WORD "CHAIR. ") Motion: APPROVED BYLAWS AS AMENDED. S Vote: lY 2Y 3Y 4Y Page 247 M 5 Y (Unanimously carried) September 18, 1984 84-646 Planning Commissioner's travel - Board .authorization is requested (135) to approve funding for Commissioners Lambert, Avis and Vercruse to attend the California County Planning Commissioners Association meeting at Lake Arrowhead, October 11 -.13 in the approximate amount of $2,100. Motion: AUTHORIZED TRAVEL AND APPROVED EXPENSES. M S Vote: l Y 2 Y 3 Y 4 'Y 5 Y (Unanimously carried) 84-647 Appointments to Airport Land Use Commission. (320) Motion: APPOINTED NINA LAMBERT AND OTTO BEHUNIN. S M Vote: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried) 84-648 Resolution establishing Butte County Management Council. (350) Motion: ADOPTED RESOLUTION 84-153 AND AUTHORIZED THE CHAIRMAN TO SIGN. M S Vote: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried) 84-649 Board of Supervisors comments to 1983-84 Butte County Grand Jury (374) Report. Motion: DIRECTED STAFF TO DEVELOP COMMENTS, TAKING NOTE OF WHAT HAS ALREADY BEIIV ACCOMPLISHED; AND TO BRING THOSE COMMENTS BACK TO THE-BOARD NEXT WEEK. S M Vote: l Y 2 Y 3 Y 4 5 Public Hearings and Timed Items 84-650 E. and C. Contreras - abandonment, Kelly Ridge Estates, PUE Unit 2B, (457) Lot 88, AP 69-07-26, Oroville. Motion: ADOPTED RESOLUTION 84-154 APPROVING ABANDONMENT. M S Vote: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried) Page 248 September 18, 1984 84-651 Western Canal Water District -petitions have been received signed by (490) landowners owning at least 50~ of the land within the proposed district according to the State Water Code. District formation has been approved by the Local Agency Formation Commission. Motion: ADOPTED RESOLUTION 84-155 NAMING AND ESTABLISHING THE BOUNDARIES AND DESCRIPTION OF THE WESTERN CANAL WATER DISTRICT; ADOPTED RESOLUTION $4-156 CALLING FORMATION ELECTION FOR WESTERN CANAL WATER DISTRICT. Ni 5 Vote: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried) 84-652 George Savko -~ abandonment of a portion of Munjar Road, 1/2 mile + (703) section of Munhar Road, located 540 feet east of Hoby Lane, one mile + east of Meridian Road, AP 47-22-04, Chico. ~ RECESS: 11:05 A.M. RECONVENE: 11:18 A. M. Motion: DENIED ABANDONMENT. FOUND THAT MUNJAR ROAD IS THE MAJOR AND MOST PRACTICAL ACCESS TO THE PROPERTY OF H. H. THOMAS50N. GAINING ACCESS FROM ROCK CREEK ROAD APPEARS TO SE IMPRACTICAL. ROCK CREEK ROAD I5 NARROW AND THE BRIDGES PRECARIOUS. MUNJAR ROAD IS MAINTAINED AND WIDE ENOUGH TO HANDLE LARGE OR HEAVY EQUIPMENT THAT IS NEEDED TO SUSTAIN THE THOMASSON RANCH. M S Vote: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried) 84-653 Butte County Board of Supervisors -~ proposed negative declaration (2880; regarding environmental impact and rezone from R-C (resource conservation) to AR-MH-2--21/2 (agricultural residential mobile home - 2-1/2 acre parcels) located on the west side of Pacific Heights Road, 1/2 mile north of Welsh Road, Oalc Grove area south of Oroville, identified as AF 25-24-03, 93, 94, 95, 96. Motion: FOUND THAT THE REQUIREMENTS OF CEQA HAVE BEEN COMPLETED AND CONSIDERED TN MAKING THIS DECISION AND ADOPTED A NEGATIVE DECLARATION; FOUND THAT TkfiE PROJECT COMPLIES WITH THE BUTTE COUNTY ZONING ORDINANCE SECTIONS 24-27 THROUGH 24-29 AND 24-95; ADOPTED ORDINANCE 2430 REZONING FROM R-C to AR-MH-2-1/2 AP 24-25-3, 93, 94, 95, 96 ,; PACIFIC HEIGHTS ROAD. M S Vote l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried) Page 249 September 18, 1984 84-654 Butte County Planning Commission (Shirley/Legare) -- proposed negative (3033) declaration regarding environmental impact and rezone from TM-20 (timber mountain - 20 acre parcels} to TM-5 (timber mountain - 5 acre parcels) located on the east side of Cohasset Road, 3/4 mile north of Mud Creek Road, identified as AP 56-07-67, 72 (portions), Cohasset. Motion: FOUND THAT THE REQUIREMENTS OF CEQA HAVE BEEN COMPLETED AND CONSIDERED IN MAKING THIS DECISION; ADOPTED A NEGATIVE DECLARATION REGARDING ENVIRONMENTAL IMPACT; FOUNb THAT THIS PROJECT CONFORMS TO THE FOLICIES AND THE MAP OF THE BUTTE COUNTY G;SNERAL PLAN AND LAND USE ELEMENT; ADOPTED ORDINANCE 2431 REZONING APPROXIMATELY 10 ACRES TO TM-5 FOR A PORTION OF AP 5b-07-67 AND 72. S M ** Vote: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried) 00 84-655 Recognition of persons wishing to speak: (10) 1. Adele Higgins - regarding lack of police protection in Forbestown. 2. C. C. Charity - concerning Lake Madrone Water District 3. Norma Smith -- regarding lack of Sheriff's response to Forbestown conditions. 4. Nell Lind - regarding the Sheriff's Department. 5. Glenn Miller -concerns regarding county spending. 6. Vern Russell - requesting police protection for Forbestown. 7. Ken Harbarger - concerning better use of county funds. 8. Lewis Forbes - concerns regarding lack of response by Board to Forbestown people. 9. Ken Harbarger -regarding the accountability of the 5heriff's Degartment. 10. Adele Higgins - concerning a state investigation through the Attorney General. 11. Glenn Miller - regarding a state investigation into whether the' Sheriff's Department is adequately funded. 12. Kitty Fowler - regarding the conditions in Forbestown. Page 250 September 18, 1984 84-656 Linda Holm -- appeal of the Advisory Agency's approval of Elsie A. Deeham (2437} tentative parcel map {item on which a negative declaration regarding environmental impact is recommended}, AP 39-36-35, dividing' 1,7 acres to create two parcels for property located approximately 600 feet east of the ;intersection of Orchard Way and Marian Avenue an the north *** side of Marian Avenue, Chico area. 000 Motion: TO TABLE AND READVERTISE HEARIKG_AFTER REPORT ON .STANLEY PARK AREA HAS COME BACK FROM THE FLANKING COMMISSION, M S Vote: 1 2 3 4 5 Alternate motion: CONTINUED OPEN UNTIL NOVEMBER 13, AT 10:00 A.M. M S Vote: l Y Z Y 3 Y 4 Y 5 Y {Unanimously carried) 84-657 Ed Hunsaid - item on :which requirement for an environmental impact (165} report is being appealed for a rezone from TM--S {timber mountain - 5 acre parcels ) to TM-1 {timber mountain - ~. acre parcels) located on the west side of Nopel Drive, approximately 1600 feet southeast off Highway 32, identified as AP 63-09-18, Forest Ranch. (CONTINUED UNTIL AFTER LUNCH) RECESS: 1:05 P.M. RECONVENE: 2:I0 P.M. 84--658 Ed Hunsaid ~- item on which requirement for an environmental impact {244) report is being appealed for a rezone from TM-5 {timber mountain - 5 acre parcels) to TM-1 {timber mountain - 1 acre parcels) located on the west side of Nopel Drive, approximately 1600. feet southeast off Highway 32, identified as AP 63-09-18, Forest Ranch. (HEARING CLOSED..,:- ITEM~TO BE REMOVED FROM AGENDA; AFPELLANT•zS TO APPLY FOR CONDITIONAL ZONING.) 84-659 Linda Holm - appeal of the Advisory Agency's approval of Elsie A. Deeham tentative parcel map (item on which a negative declaration regarding environmental impact is recommended), AP 39~-36-35, dividing 1.7 acres to create two parcels for property located approximate1y~600 feet east of the intersection of Orchard Way and Marian Avenue on the north side of Marian Avenue, Chico area.. (HEARING WAS PREVIOUSLX SET FOR NOVEMBER 13. BOARD WILL NOT BE MEETING 'T'HAT DAY, SO HEARING WILL BE DECEMBER 4, 1984 AT 10:00 A.M.} Page 251 September 18, 1984 84-660 Additional items from Board members: 84-661 1. Supervisor Fulton requested a written opinion from County Counsel regarding a document submitted by Property Owners' Association. 2. Supervisor Fulton requested a report from County Counsel regarding a proposal from Gemini Hydro Corporation. CLOSED SESSION: The Soard recessed at 2:28 p.m. for a closed session. RECONVENE: The Board reconvened at 3:12 p.m. following a closed session on litigation. (NO ANNOUNCEMENTS) (SUPERVISOR MOSELEY ABSENT AT THIS TIME) CLOSED SESSION: The Board recessed from 3:13 p.m. until 4:00 p.m. when they went into closed session. RECONVENE: The Berard reconvened at 5:25 p.m. following a closed session on litigation. (SEE FOLLOWING MINUTE ORDER) Report on closed session. Motion: AUTHORIZED SHERIFF TO HIRE AN ATTORNEY FOR ADDITIONAL LEGAL COUNSEL AT $55.000 AN HOUR, ON CASES OF CONFLTCT. 5 M Vote: l Y 2 Y 3 Y 4 AB 5 Y (Motion carried) ADJOURNMENT: There being nothing further before the Board at this time the meeting was adjourned at 5:28 p.m. to reconvene at 9:00 a.m. September 25, 1984. ~. Chairman, Board of Supervisors ATTEST: MARTIN J. NICHOLS Chief Administrative Officer and Clerk of the Board of Supervisors By: Page 252 September 18, 1984