HomeMy WebLinkAboutM082085August- 20, 1985
Call to order - Board of Supervisors room, County Administration
Building, 25 County Center Drive, Oroville.
Present: Supervisors Dolan, Mclnturf, 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:
85-529 Additional items from Board members to be addressed at the end
of the day.
T. Supervisor McInturf - junk and garbage disposal,
2. Supervisor McLaughlin - {a) railroad crossings;. (b) cost-of-
li~ing increases for General Assistance; (c) zoning
administrator.
3. Supervisor Wheeler - water and agriculture meeting:
4. Chairman Fulton - closed session request:
5. Mr. Nichols - extra item regarding risk management function
to be added to the Consent Agenda as Item 3.42{a):
85-530 Items removed from the Consent Agenda for. separate consideration:
1. James C. Farnsworth, attorney at law - an behalf of
Richard D, Stewart, a minor, files application for lease to
present late claim and claim in the amount of $750,000 as the
result of alleged injuries and damages sustained on or .about
November 19, 1984 in the vicinity of Centerville Road near
the intersection of Quail Run Raad.
2. Merit increase - Chief Administrative Officer,
Page 107
August 20, 1985
85-537
Consent Agenda
7. Approval of minutes. APPROVED MINUTES OF AUGUST 6, 1985.
2. Budget transfers. APPROVED BUDGET TRANSFERS B-1, B-2 AND B-3.
3. Lippincott-Guth Associates - on behalf of W. D. Van Alstyne,
appeals the Advisory Agency's denial of tentative parcel map
(proposed negative declaration regarding environmental impact),
AP 56-41-17, four parcels, property located on the north side
of Platt Mountain Road approximately 3000 feet east of its
intersection with Highway 32, Forest Ranch area. SET HEARING
DATE FOR SEPTEMBER 17, 1985 AT 1T:45 A.M.
4. County Service Areas - in order to levy service charges in
the various county service areas which provide a major source
of revenue for those districts it is necessary to accomp]ish
several prerequisite steps. DIRECTED THAT A REPORT OF SERVICE
CHARGES BE PREPARED IN RCCORDANCE WITH GOVERNMENT CODE
SECTION 252T0.77a AND THAT SAID REPORT BE FILED WITH THE CLERK
OF THE BOARD AND SET HEARING DATE FOR SEPTEMBER 77, T985 AT
2:00 P.M.
5. Paradise Evangelical Free Church - consideration of proposed
negative declaration and use permit to allow a church and facili-
ties on property zoned ARMH-1 (agricultural residential - mobile
home, one acre parcels) property located on the west side of
Pentz Road at Arden Way, identified as AP 55-29-21, south of
Paradise. 5ET HEARING DATE FOR SEPTEMBER 77, T985 RT 2:30 P.M.
6. Sacramento Park Subdivision - abandonment of a portion of the
drainage easement on Lot 8, Sacramento Park Subdivision,
AP 42-44-8 {86-3). ADOPTED RESOLf1TION 85-i31 SETTING HEARING
DATE FOR OCTOBER 1, 1985 AT 10:30 A.M.
7. George Havel - appeal of the requirement for an environmental
impact report for a rezone from TM-5 (timber mountain - 5 acre
parcels) to TM-2 -1/2 {timber mountain - 2-1/2 acre parcels)
on property located at the end of Nopel Avenue, 2200 feet north
off Highway 32, identified as AP 63-11-03, Forest Ranch {85-52).
SET HEARING DATE FOR OCTOBER 1, T985 AT 11:00 R.M.
$. Eugene B. Even -proposed negative declaration regarding environ-
mental impact and rezone from P-Q (public - quasi-public)
and TM-20 (timber mountain - 20 acre parcels) to TM-5 (timber
mountain - 5 acre parcels} for property located on both sides
of CoutoTenc Road, approximately ]/4 mile north of Lucretta
Road, identified as AP 5S-10-10fi, north of Paradise (85-28B).
SET HEARING DATE FOR OCTOBER 1, 1985 AT 2:00 P.M. WITH THE
GENERAL. PLAN AMENDMENT HEARING.
Page 108
August 20, 1985
85-531
{Cont'd} 9. Betty Simpson - proposed negative declaration regarding environ-
mental impact, General plan amendment from grazing and open
land to agricultural residential, rezone from A-2 {general},
5-H (scenic highway}, and PUD {planned unit development) to
allow a 25-unit residentia] development to PUD (planned unit
development) to allow a 54-unit residential development including
approximately TO acres of sewage disposal facilities including
a pond and wastewater irrigation area, and consideration of
tentative subdivision map on property located on the west side
of Pentz-Magalia Highway, approximately one mire north of
Messilla Valley Road, identified as AP 47-03-T15 and AP 41-47-93,
south of Paradise (83-306}. SET HEARING DATE FOR OCTOBER 7,
T985 AT 2:00 P.M. WITH THE GENERAL PLAN AMENDMENT HEARING.
10. Appointment to Citizens Commission to Review proposals for
a Department of Corrections. APPOINTED NED KIRKHAM AS THE
DISTRICT 2 REPRESENTATIVE.
ll. Appointment to Small County Advisory Committee (County Medical
Services Program). APPOINTED JIM BOTILL TO SERVE FOR THE PERIOD
OCTOBER T, T985 THROUGH SEPTEMBER 30, T98fi.
12. Butte County Substance Abuse Council - a resolution has been
prepared merging the Alcohol Advisory Board and the Citizens
Advisory Committee on Drug Abuse into one committee, ADOPTED
RESOLUTION 85Ti32 ESTABLISHING THE BUTTE COUNTY SUBSTANCE ABUSE
COUNCIL AND REAPPOINTED EXISTING MEMBERS AS LISTED IN MEMORANDUM
FROM DIRECTOR OF MENTAL HEALTH DATED AUGUST 5, 1985.
73. Butte County Library donation - in accordance with Government
Code Section 25355, donations have been received as follows:
Fraternal Order of Eagles/Chico Eagles Auxiliary, c/o
Tina Prieheim, $200; Hospice of Love, Gridley, $140;
W. J. Noethig, $100; Mrs. Charles S. McCulloch, $500; and an
anonymous donor, $400. ACCEPTED DONATIONS AND RUTHORI~ED LETTERS
OF APPRECIATION.
14. Cohasset Volunteer Fire Department - the department is donating
a 1,250 gallon GMC water tender and a 3/4 ton Chevrolet squad
truck for use in the volunteer fire program in Cohasset.
ACCEPTED OWNERSHIP.
15. Final map - The Country Commons Unit No. 2 - the developer
has provided an irrevocable letter of credit to guarantee con-
struction of improvements within one year on the eight-Tot
subdivision, AP 40-24-62, property located on the west end
of GorriTT Lane west of Goodspeed Street in Durham. ACCEPTED
DEPOSIT BY DEVELOPER FOR TAXES OR SPECIAL ASSESSMENTS WHICH
ARE A LIEN BUT NOT YET DUE OR PAYABLE; APPROVED FINAL MAP;
ACCEPTED EASEMENTS AS GRANTED IN THE OWNER'S CERTIFICATE ON
BEHALF OF THE PUBLIC; AND AUTHORIZED THE CHAIRMAN TO SIGN THE
SUBDIVISION AGREEMENT.
Page T09
August 20, T985
85-531
(Cont'd} 76. Tmprovement funds surplus - Shasta Union Drainage Assessment
District and Butte Creek Estates Assessment District - resolu-
tions have been prepared to transfer the balance of funds from
Shasta Union Assessment District to County Service Area 25
for maintenance and Butte Creek Estates Assessment District
balance to be transferred to the road fund in order to maintain
roads within Butte Creek Estates. ADOPTED RESOLUTIONS 85-133
AND 85-134 AND AUTHORIZED THE CHAIRMAN TO SIGN TRANSFERRING
ACCRUED INTEREST FROM MAY 37, 7985 CUTOFF DATE IN RESOLUTION5
TO GENERAL FUND OR TO OFFSET ADMINISTRATIVE COSTS.
17. Sewer assessment district and storm drainage assessment agree-
ments - a resolution has been prepared authorizing Lynn Yanhart,
director of Environmental Health, or Tom Reid, supervising
sanitarian, to sign agreements on behalf of the county. ADOPTED
RESOLUTION 85-i35 AND AUTHORIZED THE CHAIRMAN TO SIGN.
18. Planning fees - a resolution has been prepared amending
Resolution 81-182 to establish a fee for categorical exemptions.
ADOPTED RESOLUTION 85-136 AND AUTHORIZE THE CHAIRMAN TO SIGN.
19. Report on request of Community Living Centers for waiver of
use permit fees in the amount of $419 (from 7/16/85). DENIED
REQUEST AS RECOMMENDED.
20. Notice of completion - Reconstruction of Burnap Avenue and
Gadman Avenue, Project No. 59195D-84-1 - all work on the project
has been completed in accordance with plans and specifications.
ACCEPTED PROJECT AND AUTHORIZED FILING OF NOTICE OF COMPLETION.
21. Contract Change Order No. 1, Eaton Road, Project No. 59171-85-1,
FAU Project No. Y359{1) - CCO No. 7 in the increasing amount
of $3,67.39 provides for extension of drainage facilities
along Eaton Road into Dry Creek drainage channel. Funds to
cover this contract change order are available in the original
bid quantity. APPROVED CHANGE ORDER AND AUTHORIZE THE CHAIRMAN
TO SIGN.
22. Notice of completion - Reconstruction of Eaton Road, Project
No. 59171-85-1, FAU Project No. Y359(l) - all work on the
project is anticipated to be completed in accordance with the
plans and specifications on or about August 28, 1985. As the
next Board meeting will not be held until September 17, 1985,
Public Works is requesting authorization to accept the project
and file the notice of completion following completion of the
work. AUTHORIZED REQUEST.
23. Norman J. Ryker, attorney at law - on behalf of
Lisa Maria Woodard, files a claim for alleged injuries and
damages sustained on or about May 4, 1985 in an automobile
accident on the Skyway. RETURNED CLAIM FOR INSUFFICIENCY OF
INFORMATION.
Page 110
August 20, 1985
85-531
{Cont'd) 24. Larry L. Baumback, attorney at law - on behalf of Tamara Lee,
by and through her guardian Sharon Lee, files a claim in the
amount of $T,500,000 for alleged personal injuries sustained
under unspecified circumstances. RETURNED CLAIM FOR
INSUFFICIENCY OF INFORMATION.
25. Southern Pacific Transportation Company - files a c7 aim seeking
indemnity and/or apportionment of fault relating to the matter
Contreras vs Southern Pacific (Superior Court Case No. 88012}.
DENIED CLAIM AND REFERRED TO COUNTY COUNSEL.
26. JTPA training equipment - authorization is requested to purchase
an amplifying stethoscope in the amount of $450 to permit a
hearing-impaired JTPA trainee to complete LVN clinical training.
AUTHORIZED PURCHASE.
27. E}ata processing equipment - the county is able to acquire an
IBM card sorter (Serial No. 98220} at a cost of $574.10,
including tax, and recognize first year savings in rental
payments. Budget transfer B-3 has been prepared to provide
the necessary appropriation. AUTHORIZED PURCHASE.
28. Tax rate resolution - a resolution has been prepared fixing
the tax rate for the County of Butte for 1985-8b. ADOPTED
RESOLUTION 85-137 AND AUTHORIZE THE CHAIRMAN TO SIGN.
29. JTPA audit - ten audit firms responded to the Request for
Proposal to conduct the JTPA audit and proposals have been
reviewed by the Auditor and staff. AUTHORIZED THE JTPA EXECUTIVE
OFFICER TO EXECUTE A CONTRACT WITH THE QUEZADA, NAYARRO AUDITING
FIRM.
30. Status of investments - the Treasurer submits the July 1985
report in accordance with AB T073 and the county investment
policy. ACCEPTED FOR INFORMATION.
31. Ordinance repea]ing Chapter 3 of the' Butte County Code relative
to air pollution. WAIVED THE FIRST READING OF THE ORDINANCE.
32. Resolution rescinding various resolutions of the Board of Super-
visors concerning air pollution. ADOPTED RESOLUTION 85-138
AND AUTHORIZED THE CHAIRMAN TO SIGH.
33. Amendment No. lO - Gridley transportation services agreement - an
amendment has been prepared to the agreement with the City
of Gridley and the Golden Featfier Flyer which extends the
termination date to June 30, 1985 and provides for minor fare
increases. APPROVED AMENDMENT AND AUTHORIZED THE CHAIRMAN
TO SIGN.
34. Amendment No_ 1 - Wagerman and Associates agreement - the
amendment covers provisions for contract extension from
September 1, 1985 and contains specified provisions for
termination at no increase in cost. APPROVED AMENDMENT AND
AUTHORIZE THE CHAIRMAN TO SIGN.
Page lTi
August 20, 1985
85-531
{Cont`d} 35. Family Planning contract renewal - a renewal has been prepared
to Contract No. 85-86-87 with the State Department of Health
Services in the amount of $46,000 covering the period duly T,
1985 through dune 30, 1986. APPROVED CONTRACT AND AUTHORIZED
THE CHAIRMAN TO SIGN.
36. Bar--O-Boys Rancf~ contract - the Chief Probation Officer is
requesting that the contract with Del Norte County fior housing
of juvenile court wards at the Bar-O-Boys Ranch be canceled.
CANCELED CONTRACT AND AUTHORIZED CHIEF ADMINISTRATIVE OFFICER
TO PROVIDE 30-DAY WRITTEN NOTIFICATION TO DEL NORTE COUNTY.
37. Tehama County contract for Mental Health inpatient services -
a contract has been prepared with Tehama County in the amount
of $5,240 for Butte to continue to send certain clients requiring
physical restraint until such time as improvements are made
to the residential treatment facility. APPROVED CONTRACT AND
AUTHORIZED THE CHAIRMAN TO SIGN.
38. 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 Genera] Unit. WAIVED
THE SECOND READING AND ADOPTED ORDINANCE 2481.
39. Ordinance amending Section 14-103 (Ordinance loo. 2478) regulating
offstreet parking on county-owned or county-operated property
pursuant to California Vehicle Code Section 22519. WAIVED
THE FIRST READING OF THE ORDINANCE.
40. Limited leave of absence - Public Health Officer
Dr. Chester L_ Ward requests Board authorization granting
noncompensated leaves of absence not to exceed cumulative 30 days
in any calendar year while providing consultation services
to the U.S. Government pursuant to Personnel Rules 13.4x.
AUTHORIZED LIMITED LEAVES A5 REQUESTED.
41. Risk management function - the Board is requested to approve
several actions relating to risk management: {1) Designate
Mike Pyeatt and Steve Musselman as Butte County alternates
to the CSAC Excess Insurance Authority, {2) Designate Mike Pyeatt
and Steve Musselman to represent the county in small claims
actions. APPROVED DESIGNATIONS.
42. Communications.
a. Dane A. Cameron, attorney at ]aw - on behalf of Rocky Gordon,
sends notification that a tort claim filed against the county
has a7 so been filed on the City of Chico. ACCEPTED FOR
INFORMATION AND REFERRED TO COUNTY COUNSEL AND RISK MANAGEMENT.
b. Charles B. Johnson, La Porte Stage Route - writes concerning
the need to provide additional funding for specified earmarked
protection services. ACCEPTED FOR INFORMATION.
Page lit
August 20, 1985
$5-531
{Cant`d} 42. Communications {continued}
c. Mrs. Erna Hawkins, Chico - writes concerning objectional
emissions emanating from a body shop on East Lassen Avenue
in Chico. REFERRED TO PLANNING FORA REPORT AND RECOMMENDATION.
d. City of Chico - Mayor Willis writes forwarding information
concerning the city's concerns on commercial rezoning on East
Avenue in Chico. ACCEPTED FOR INFORMATION AND REFERRED TO
PLANNING COMMISSION COMMITTEE ON EAST AVENUE LAND USE
CONSIDERATIONS.
e. City of Chico - Mayor Willis writes in response to the
county's letter and offers clarification as to the proceedings
and process on the Central Chico Redevelopment Project area.
ACCEPTED FOR INFORMATION.
f. Regional Water Quality Control Board - Central Valley
Region - forwards information concerning the holding of a local
meeting(s) of the Water Quality Control Board concerning
groundwater contamination south of Koppers plant in Oraville.
ACCEPTED FOR INFORMATION.
g. U.S_ Department of Housing and Urban Development - sends
notification of close-out certification for Project No.
B-81-DN-O6-0003, Small Cities Program, subject to final audit.
ACCEPTED FOR INFORMATION AND REFERRED TO PUBLIC WORKS DIRECTOR
AND CONNERLY & ASSOCIATES.
h. National Association for the Advancement of Colored People -
Butte County Branch - writes concerning representation for
the poor on the Community Action Agency Governing Board.
ACCEPTED FOR INFORMATION AND REFERRED TO COMMUNITY ACTION AGENCY
REQUESTING RESPONSE.
Motion: APPROVED CONSENT AGENDA.
M S
Vote: 1 Y 2 Y 3 Y 4 Y 5 Y {Unanimously carried}
Regular Agenda
85-532 James C. Farnsworth, attorney at law - on behalf of
( 110} Richard D. Stewart, a minor, files application for leave to present
late claim and claim in the amount of $750,000 as the result of
alleged injuries and damages sustained an or about November l9,
1984 in the vicinity of Centerville Road near the intersection
of Quail Run Road - action requested - GRANT APPEAL TO FILE LATE
CLAIM, DENY CLAIM AND REFER TO COUNTY COUNSEL AND RISK MANAGEMENT.
Page lI3
August 20, 7985
85-532
{Cont`d) Motion: GRANTED APPEAL TO FILE LATE CLAIM, DENIED CLAIM AND REFERRED
TO COUNTY COUNSEL AND RISK MANAGEMENT.
M S
Vote: T Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
85-533 Merit increase - Chief Administrative Afficer.
(147}
Motion: APPROVED MERIT INCREASE.
S M
Vote: T Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
Closed Session: The Board recessed at 9:20 a.m. for a closed session
on Brooks vs Butte County and on a personnel matter.
Reconvene: The Board reconvened at 9:5b a.m. {SEE MINUTE
ORDER N0. 85-535}
85-534 Consideration of report of the budget committee regarding fire
{425) station closings.
Motion: LEAVE FAIR STREET FIRE STATION OPEN.
5 M
Vote: 1 2 3 4 5 {NO VOTE)
Amended motion: MADE POLICY DECISION TO MAINTAIN FAIR STREET FIRE
STATION OPEN AND CONVERT BIGGS TO A VOLUNTEER
STATION, EFFECTIVE OCTOBER 1.
S M
Vote: 7 Y 2 Y 3 Y 4 N 5 N (Motion carried)
85-535 Report on closed session. {AIM RACKERBY, PERSONNEL DIRECTOR,
(1169) REQUESTED A MODIFICATION TO THE LAW ENFORCEMENT GENERAL UNIT CONTRACT
OVERTIME PROVISIONS TO PERMIT THE WELFARE DEPARTMENT TO ESTABLISH
FOUR 10-HOUR DAY SCHEDULES. THE LAW ENFORCMENT UNIT HAS RATIFIED
THE AMENDMENT.)
Motion: RATIFIED MODIFICATION #T TO THE LAW ENFORCEMENT GENERAL
UNIT MOU, SECTION 11-3.
S M
Vote: T Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
Page T14
August 20, T985
85-536 Report from Board committee on Financial Stability Commission.
(1200)
Motion: ADOPTED RESULlTTION 85-139 FORMING COUNTY FINANCIAL STABILITY
COMMISSION, AND DIRECTED TWAT THE RECRUITMENT AS CALLED
FOR TN THE RESOLUTION BE TO OCTOBER 1, THAT
SUPERVI50RS McINTURF AND DOLAN B£ DESIGNATED TO SCREEN
THE NOMINATIONS FOR GEOGRAPHICAL POPULATION AND
OCCUPATIONAL, ETCETERA, BALANCE AND THAT SUPERVISORS DOLAN
AND McINTURF PROVIDE THOSE RECOMMENDATIONS, AS WELL AS
ALL NAMED NOMINEES, TO THE BOARD FOR SELECTION OCTOBER 15.
M S
Vote: 7 Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
Public Hems and Timed Items
85-537 Claudia and L. Clark Vollintine - appeal of the PTanning Commission`s
(1540) denial of a variance to side yard setback (item determined to be
categorically exempt from environmental review) to allow an existing
barn five feet from the property line {70 feet required) on property
zoned FR-10 (foothill recreational - 10 acre parcels), property
located at the end of Dawn Terrace Road, approximately 80O feet
south of Crest Drive, approximate]y 1/4 mile west of Highway 70,
identified as AP 58-26-08, Yankee Hi11 area (from 7/16/85}.
Motion: NOTED THAT THE PROJECT IS CATEGORICALLY EXEMPT FROM
ENVIRONMENTAL REVIEW: AND FOUND THAT THIS PROJECT MEETS
THE REQUIREMENTS OF THE BUTTE COUNTY CODE SECTION 24-49
IN THAT BECAUSE OF SPECIAL CIRCUMSTANCES APPLICABLE TO
THE PROPERTY, INCLUDING SIZE, SHAPE, TOPOGRAPHY, LOCATION
OR SURROUNDINGS, THE STRICT APPLICATION OF THIS CHAPTER
DEPRIVES SUCH PROPERTY OF PRIVILEGES ENJOYED BY OTHER
PROPERTY IN THE VICINITY AND UNDER IDENTICAL ZONING
CLASSIFICATION. GRANTED VARIANCE TO ALLOW THE STRUCTURE
FIVE FEET FROM THE PROPERTY LINE ON AP 58-26-0$
(CLAUDTA AND CLARK VOLLINTINE) SUBJECT TO THE FOLLOWING
CONDITIONS: (T) STRUCTURE SHALL NOT BE RENTED, LEASED
OR IN ANY WAY USED RS A DWELLING UNIT; (2) APPLICANT TO
COMPLY WITH ANY REQUIREMENTS OF THE BUILDING DIVISION
OF PUBLIC WORKS; {3) APPLICANT MUST ALSO COMPLY WITH ALL
OTHER APPLICABLE STATE AND LOCAL STATUTES, ORDINANCES,
AND REGULATIONS.
M S
Vote: 1 N 2 Y 3 Y 4 N 5 Y (Motion carried}
Recess: 17:03 a.m.
Reconvene: 11:12 a.m.
Page 115
August 20, 1985
$5-538 Consideration of recomrr~endations of the Judicial Council concerning
(2737} the consolidation or enlargement of judicial districts and other
alterations of district boundaries.
**
Motion: ADOPTED THE LOWER COURT TASK FORCE REPORT TO THE BOARD
OF SUPERVISORS - JULY 7985 AS GUIDING COUNTY POLICY FOR
THE ORGANIZATION AND ADMINISTRATION OF THE BUTTE COUNTY
LOWER COURT SYSTEM.
M S
Vote: T Y 2 Y 3 Y 4 Y 5 Y {Unanimously carried)
Motion: *WAIVED THE FIRST READING OF AN ORDINANCE CONSOLIDATING
THE BIGGS AND GRIDLEY JUDICIAL DISTRICTS INTO ONE DISTRICT.
S M
Vote: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried}
Motion: ADOPTED RESOLUTION 85-140 REQUESTING THE LEGISLATURE TO
CREATE THE SOUTH COUNTY MUNICIPAL COURT DISTRICT.
S M
Vote: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
(DIRECTION GIVEN FOR ADMINISTRATIVE OFFICER TO PREPARE A CONTRACT
FOR JUDICIAL SERVICES.)
Motion: DIRECTED THE PERSONNEL DIRECTOR TO MEET WITH AFFECTED
EMPLOYEE ORGANIZATIONS.
M S
Vote: l Y 2 Y 3 Y 4 Y 5 Y {Unanimously carried}
Motion: *WAIVED THE FIRST READING OF THE ORDINANCE ANNEXING THE
PARADISE JUDICIAL DISTRICT INTO THE CHICO MUNICIPAL COURT
DISTRICT.
S M
Vote: T 2 3 4 5 (NO VOTE)
(*COUNTY COUNSEL SUGGESTED THAT ACTION ON THE ORDINANCES BE DEFERRED
UNTIL ONE ORDINANCE COULD BE PREPARED WHICH WOULD ANNE}( PARADISE
INTO CHICO AND CONSOLIDATING GRIDLEY AND BIGGS. THE SUPERVISORS
WHO MADE AND SECONDED TH05E TWO MOTIONS AGREED TO AMEND THEM AS
MOTIONS OF INTENT, DEFERRING ACTION UNTIL SEPTEMBER 17. ALSO
DEFERRED UNTIL SEPTEMBER T7, WILL BE THE ITEM TO WAIVE FIRST READING
OF AN ORDINANCE REPEALING THE CURRENT ORDINANCE THAT DESCRIBES
~7UDICIAL BOUNDARIES.)
Recess: 12:30 p.m.
Reconvene: 1:48 p.m.
Page 116
August 20, 1985
(SUPERVISOR WHEELER ABSENT AT THIS TIME.)
85-539 Recognition of persons wishing to speak.
(2333} 1. Jan Woll -- introduced Anita Douglas, Solway, and requested
continued funding far the women's alcohol program.
2. Alex Collins-Thomae, mental health director - explained funding
of the alcohol program. (MENTAL HEALTH DIRECTOR TO WORK WITH ALCOHOL
ADVISORY BOARD AND BRING BACK RECOMMENDATION FOR CONTINUED FUNDING
FOR THE WOMEN`S ALCOHOL PROGRAM.
~~* 3. Glenn Miller, Concow - regarding hazardous conditions at Lake
Concow.
Regular Agenda
85-540 Ordinance adding Chapter 23C to the Butte County Code relating
(2g} to commercial weighing and measuring instruments; amending Chapter 2
of the Butte County Code regarding the powers and duties of the
Planning Commission - the General Plan and establishment of the
zoning administrator; and amending Chapter 24 of the Butte County
Code relating to zoning. (PLANNING DIRECTOR REPORTED THAT A NEW
ORDINANCE WAS BEING PREPARED DELETING THE PORTION REFERRING TO
BONING RDMINISTRATOR. CONTINUED TO LATER IN THE DAY; SEE MINUTE
ORDER NO. 85-550.)
85-541 Discussion and interpretation of home occupation in the A-5 zone.
(162} (ITEM PULLED FROM THE AGENDA. INTERPRETATION NO LONGER NECESSARY.)
85-542 Report from County Counsel on tax-deeded property legal description
(179) problems of Joe and Cindy Schons (from 8/6/85).
Motion: DIRECTED THAT COUNTY COUNSEL WORK WITH PUBLIC WORKS DIRECTOR
TO WORK OUT A LEGAL DESCRIPTION SO THAT THE SCHONS' CAN
GET TITLE INSURANCE AND REPORT BACK ON SEPTEMBER 17.
S M
Vote: 7 Y 2 Y 3 AB 4 Y 5 Y {Motion carried)
Recess: 2:49 p.m.
Reconvene: 3:08 p.m.
85-543 Report from Public Works Director on Duncan Road and Traxe1 Way
(_1251} intersection.
Motion: DIRECTED BILL CHEFF TO DRAW UP A LEASE AGREEMENT WITH
THE FORTIERS FOR BOARD CONSIDERATION AND APPROVAL ON
SEPTEMBER T7, AND DIRECTED PUBLIC WORKS TO INITIATE
ABANDONMENT OF THIS RIGHT-OF-WAY FOR ROAD PURPOSES.
M S
Vote: 7 Y 2 Y 3 AB 4 Y 5 Y (Motion carried}
Page 117
AUgUSt 2O, 1985
85-544 Consideration of James Railway Company request to combine cleaning
(1753) operations for railcars which haul cement with existing operations
on Anita Road. (Supervisor Dolan)
Motion: PURSUANT TO SECTION 1 OF THE STIPULATION AND ORDER (SUPERIOR
COURT CASE NO 71942) ALLOWED CLEANING OF CEMENT CARS AND
CALLED FORA REVIEW IN ONE YEAR.
S M
Vote: l Y 2 Y 3 AB 4 Y 5 Y (Motion carried)
85-545 Report to the Board on letter of John L. Luvaas concerning Bidwell
Heights Specific Plan and bond requirement (from 7/16/85).
Motion: REFERRED CONSIDERATION OF SPECIFIC PLAN AND GENERAL PLAN
TO THE PLANNING COMMISSION FOR DISCUSSION RND
RECOMMENDATION.
M S
Vate: l Y 2 Y 3 AB 4 Y 5 Y (Motion carried)
85-546 Consideration of ordinance amending Chapter 15 of the Butte County
(1924) Code relating to cardraoms. (Supervisor Wheeler)
Motion: WAIVED FIRST READING OF THE ORDINANCE.
M S
Vote: l Y 2 Y 3 AB 4 Y 5 Y (Motion carried)
85-547 Consideration of appointments to Tri-County Economic Development
(2018) District and Tri-County Small Business Development Advisory
Committee. (Supervisor Dolan) (SUPERVISOR DOLAN FELT THAT SINCE
THE TWD GROUPS MEET AT THE SAME TIME IT WOULD BE APPROPRIATE THRT
THE SAME PEOPLE SERVE ON BOTH GROUPS.)
Motion: APPOINTED SUPERVISOR DOLAN AND HUGH SANTOS TO THE TRI-COUNTY
ECONOMIC DEVELOPMENT DISTRICT.
M S
Vote: l Y 2 Y 3 AB 4 Y 5 Y (Motion carried)
(DIRECTED ADMINISTRRTIVE OFFICE TO ASK RUDREY TAYLOR IF THE FOUR
MEMBERS PREVIOUSLY APPOINTED WOULD BE WILLING TO STEP ASIDE.)
Closed Hearings
$5-548 Closed hearing - Planning Commission - code amendment (item
(2226) 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) (85-3T) (from 8/6/85).
Page 718
August 20, 1985
85-548
(Cont'd) Motion: REFERRED CONSIDERATION OF TEN-FOOT SIDE YARD SETBACKS
TO PLANNING COMMISSION FOR DISCUSSION AND REPORT BACK
TO THE BOARD.
M S
Vote: l Y 2 Y 3 AB 4 Y 5 Y (Motion carried)
85-549 Additional items from Board members:
1. Supervisor McLaughlin informed the- Board that a representative
from the California Public Interest Research Group was in the
audience and would like to discuss the bottle bi17, AB 2020.
Motion: SUPPORTED AB 2020.
5
Vote: l Y 2 Y 3 AB
M
4 Y 5 Y (Motion carried}
Regular Agenda
$5-550 Ordinance adding Chapter 23C to the Butte County Code relating
to commercial weighing and measuring instruments and amending
Chapter 24 of the Butte County Code relating to zoning (CONTINUED
FROM EARLIER IN THE DAY; SEE MINUTE ORDER N0. 85-540.)
Motion: WAIVED FIRST READING OF THE ORDINANCE.
M 5
Vote: 1 Y 2 Y 3 AB 4 Y 5 Y (Motion carried)
85-551 Additional items from Board members.
1. Supervisor Mcinturf - junk and garbage disposal. (WILL BE
DISCUSSED WHEN PUBLIC WORKS DIRECTOR IS PRESENT.)
2. Supervisor McLaughlin - concerns regarding zoning appeals coming
to the Board rather than the Planning Commission. {PLANNING
DIRECTOR TO MEET WITH PLANNING COMMISSION AND BRING BACK REPORT
TO TWE BOARD.)
3. Supervisor McLaughlin - requested a letter be sent to Southern
Pacific Railroad regarding good work done on railroad crossings.
4. Supervisor McLaughlin - concerns regarding cost-of-living
increase granted to General Assistance recipients. (CONTINUED
TO SEPTEMBER 17, 7985}
5. Supervisor McLaughlin - reported that Superior California Water
would be meeting in La Hacienda in Chico the first part of
September and encouraged Board members to attend.
Page 1T9
August 20, 1985
Closed Sessioo: The Board recessed at 3:52 p.m. for a matter of
litigation - Ieiati v5 County of Bone.
Reconvene: The Board reconvened at 4:13 p.m. (NO ANNOUNCEMENTS}
Adjournment: There being nothing further before the Board at this
time,the meeting was a~[journed at 4:74 p.m.
n, uaara of ~upervzsors
ATTEST: '"
MARTIN ~. NICHOLS, Chief Administrative
Officer and Clerk of the Board
$y:
Deputy
Page 720
August 20, 1985