HomeMy WebLinkAboutM091686September 16, 1986
Ca11 to order - Board of Supervisors room, County Administration
Building, 25 County Center Drive, Oroville. Present: Supervisor Dolan,
Fulton, McInturf, Wheeler and Chairman McLaughlin; Martin J. Nichols,
chief administrative officer; Harvey Wallace, county counsel; and
Rubye Townsley, deputy clerk of the Board.
Pledge of a1Tegiance to the Flag of the United States of America.
86-491 Additional items from Board members to be addressed at the end of
(20} the day.
1. Supervisor Wheeler - report on Mother Lode Conference and CSAC.
86-492 Items removed from the Consent Agenda for Board consideration and
(33} action.
1. Budget transfers.
2. Resolution of the Board of Supervisors refunding $701,665 to special
districts in accordance with Board action of August 26, 1986.
3. General Assistance cyst of living increase - the Welfare Director
submits an increase in issuance of emergency funds to families
or individuals and the annual cost of living allowance of 5.1q
for recipients of county General Assistance, to commence as of
September 1, 1986.
4. Speed limits on various county roads - the Department of Public
Works has completed traffic studies on various county roads and
recommends that they be speed zoned to 25 miles per hour:
Stump Drive (from Crestridge Road to Farley Street}; Margo
Lane (from Stump Drive to PJorth end); Becky Lane (from Stump
Drive to Oak Kno17 Way}; Diane Court {from Stump drive to North
end}; and Oak Kno17 Way (from Margo Lane to East end). {AMENDED
TO INCL~IDE AN ORDINANCE SETTING SPEED LIMITS ON LOWER WYANDOTTE
ROAD.)
Page 19
September 16, 1986
86-492
(Cont'd) 5. Ordinance amending Chapter 21 of the Butte County Code by adding
Sections 21-1.1 and 2i-1.2 relative to taxation.
6. Attorney services agreement - Ephraim Margolin - the agreement,
in an amount not to exceed $7,742.70 plus court costs and expenses,
provides for retaining the attorney for certain litigation and
consultation.
7. California Regional Water Quality Control Board - Central Valley
Region - writes concerning the Greater Chico Urban Area Nitrate
Action Plan, setting forth the need to hire a financial consultant
and engineer to evaluate costs, funding mechanisms, and the
feasibility of various alternatives.
8. City of Chico _ Fred Davis, city manager, writes requesting a
joint meeting of the City Council and Board to discuss the progress
of the Nitrate Action Plan.
$6-493 Consent Agenda
(125)
1. Approval of minutes. APPROVED MINUTES OF AUGUST 14, AUGUST 19
AND AUGUST 26.
2. Renaming of private roads - a resolution has been prepared for
the renaming of roads in the Orovil7e area as requested by
residents: Lake Madrone Road (Bald Rack to end) to Gamble Road;
and Ponderosa Way (Lumpkin Ro ad to end) to Lake Haven Way. ADOPTED
RESOLUTION 86-116 SETTING A HEARING DATE FOR OCTO BER 21, 1986
AT 11:00 A.M. AND AUTHORIZED THE CHAIRMAN TO SIGN.
3. Renaming of private road - a resolution has been prepared for
the renaming of a road in the Chico area as requested by residents:
Terra Bella Drive (Keefer Road to end) to Sweetbriar Drive. ADOPTED
RESOLUTION 86-117 SETTING HEARING DATE FOR OCTOBER 21, 1986 AT
11:00 A.M. AND AUTHORIZED THE CHAIRMAN TO SIGN.
4. Federal Land Bank - petition far cancellation of Land Conservation
Act agreement (proposed negative declaration regarding environmental
impact) for property located on the north side of Dayton West
Road, approximately one mile west of Dayton-Durham Highway,
identified as a portion of AP 39-29-05, Dayton. SET HEARING DATE
FOR OCTOBER 7, 1986 AT 11:15 A.M.
5_ Consideration of ordinance adding Chapter 37 to the Butte County
Code regarding a Butte County acarine mite quarantine. SET HEARING
DATE FOR OCTOBER 7, 1986 AT 2:00 P.M.
Page 20
September 16, 1986
86-493
(Cont`d) 6. Ron Graves & Associates - an behalf of Emma Morgenrotfi, appeal
the Planning Commission's denial of rezone (proposed mitigated
negative declaration regarding environmental impact) from U
(unclassified) to TM-2 {timber mountain - two acre minimum) property
located on the north side of Bald Rock road approximately 1000 feet
east of Sand Creek Drive, identified as AP 62-22-25, Berry Creek.
SET HEARING DATE FOR OCTOBER 7, 1986 AT 3:00 P.M.
7. Roger J. Diamond, attorney at law - on behalf of Jack Posner,
et a7, appeals the Planning Commission's denial of exception
pursuant to Butte County Code Section 24-36.4, amortization of
an adult entertainment business, on property zoned U (unclassified},
located at 2827 Esplanade, identified as AP 006-35-21, Chico.
SET HERRING DATE FOR OCTOBER 7, 1986 AT 3:30 P.M.
8. Butte County Planning Commission - proposed negative declaration
regarding environmental impact and rezone from R-4 {residential)
to either C-1 (light commercial), C-2 (general commercial), or
C-C (community commercial), N-C- {neighborhood commercial), or
H-C {highway commercial) for property located on both sides of
East Avenue from Cohasset to Ceres Avenue, Chico (File 84-70D).
SET HEARING DATE FOR OCTOBER 2T, 1986 AT 11:00 A.M.
9. Durham-Dayton-Nelson area plan - goals and objectives. SET HEARING
DATE FOR OCTOBER 21, 1986 AT 11:30 A.M.
i0. Appointment to Assessment Appeals Board. REAPPOINTED GIL JONES
FORA THREE-YEAR TERM TO EXPIRE JUNE 5, 1989.
i1. Butte County Library donations - in accordance with Government
Code Section 25355, donations have been received from: Chico
Friends of the Library, $200 for books in honor of volunteers;
P9r. and Mrs. Danny S. Clements, $50O for books in memory of
Danny David Clements; Adrienne Stealey White, $200 for the purchase
of books; and C,E. Kusel, $100 for subscriptions. ACCEPTED
DONATIONS AND AUTHORIZED LETTERS OF APPRECIATION.
12. Final map - Gold Country Subdivision - the developer has provided
a cash deposit to guarantee construction of improvements on the
two-lot subdivision, AP 11-36-14, property located on the. south
side of Centerville Road, one mile north of Center Gap Road, Butte
Creek Canyon area. APPROVED THE FINAL MAP; ACCEPTED EASEMENTS
AS GRANTED IN ITEM A OF THE OWNER'S CERTIFICATE ON BEHALF OF THE
PUBLIC; ACCEPTED GRANT IN FEE SIMPLE FOR CENTERVILLE ROAD AS OFFERED
IN ITEM B OF THE OWNER'S CERTIFICATE; AND AUTHORIZED CHAIRMAN
TO SIGN THE SUBDIVISION AGREEMENT.
13. Final map - Lunt Subdivision, AP 58-50-21, two lots on property
located on both sides of Nelson Bar Road, 3000 feet north of Lunt
Road, Concow area. APPROVED THE FINAL MAP AND ACCEPTED EASEMENT
AS GRANTED IN THE OWNER'S CERTIFICATE ON BEHALF OF THE PUBLIC.
(NOTE: NO CONSTRUCTION IS REQUIRED AS A CONDITION OF APPROVAL
OF THIS SUBDIVISION; THEREFORE, A SUBDIVISION AGREEMENT IS NOT
REQUIRED.)
Page 21
September 16, 1986
86-493
(Cont'd) 14. Final map - Loftus Subdivision, AP 27-18-14, 16 lots, property
located at the southeast corner of rlacintosh Avenue and Rail
Bridge Road, Palermo area. The final map was approved by the
Board of Supervisors on August 19, 1986. AUTHORIZED THE CHAIRMAN
TO SIGN THE Sf1BDIYISION AGREEMENT.
15. Final map - Philadelphia Square Phase II, lJnit I -- the developer
has provided a letter of credit to guarantee construction of
improvements on the 7-lot subdivision, AP 06-2T-68, property
located on the east end of Independence Circle, Chico area.
APPROVED THE FINAL MAP; ACCEPTED EASEMENTS AS GRANTED IN ITEMS 1
AND 2 OF THE OWNER'S CERTIFICATE ON BEHALF OF THE PUBLIC; AND
AUTHi~RIZED THE CHAIRMAN TO SIGN THE SUBDIVISION AGREEMENT.
16. Drainage easement - Copley Acres Subdivisions - drainage easement
from PGandE to the county is necessary to provide storm drainage
facilities. ACCEPTED EASEMENT DEED ON BEHALF OF THE COUNTY AND
AUTHORIZED THE CHAIRMAN TO STGN CERTIFICATE OF ACCEPTANCE.
17. Report to the Board - Emma Morgenroth - proposed negative
declaration regarding environmental impact and denied rezone
from U {unclassified) to TM-2 {timber mountain - 2 acre parcels)
for property located on the north side of Bald Rock Road,
approximately 1000 feet east of Sand Creek Drive, identified
as AP 62-22-25, Berry Creek {File 56-38). INFORMATION ONLY.
18. Report to the Board - Robin Kennedy - denied rezone (item on
which environmental documents have not been completed) Pram R-C
(resource conservation) and AR-MH-3 (agricultural residential
mobile home - three acre parcels) for property located on the
north and south side of Ponderosa Way, approximately T/2 mile
east of Nimshear Ridge Road, identified as RP 64-01-31, Paradise.
INFORMATION ONLY.
19. Robert David Martin - files a claim in the amount of $5,000,000
as a result of alleged damages sustained on or about May 1986
while under care of Butte County Mental Health. REJECTED CLAIM
AND REFERRED TO COUNTY COUNSEL AND RISK MANAGEMENT.
20. Jacquelyn Mae Itipes, Jack Allan Hipes and Carole Annette Hipes,
Oroviile - three claims have been filed in the amount of $15,000
each as a result of alleged damages sustained on Flay 10, 1986
as a result of an incident involving law enforcement. REJECTED
CLAIMS AND REFERRED TO COUNTY COUNSEL AND RISK MANAGEMENT.
21. Ken Brawn, Citrus Heights - files a claim in the amount of $700,000
as a result of alleged damages sustained on ar about May 30,
1986 as a result of his arrest and incarceration. REJECTED CLAIM
AND REFERRED TO COUNTY COUNSEL AND RISK MANAGEMENT.
22. Joanne Mantle and Greg Stanley - reconveyance of deed - the
conditions of the promissory note dated May 29, 1979 for Loan
No. 404{52) have been satisfied. APPROVED RECONVEYANCE AND
AUTHORIZED THE CHAIRMAN TO SIGN.
Page 22
September 76, 1986
86-493
(Cont'd) 23. Chapmantown clean-up - proposed is the utilization of $4,000
program income funds from the Community Development Block Grant
for the annual Chapmantown clean-up program. AUTHORIZED UTILIZATION
OF PROGRAM INCOME FUNDS.
24. Program Supplement No. 44 - Emergency Relief Funds on Various
FAS Routes - Program Supplement No. 44 to Master Agreement
No_ 03-5972 (Federal Projects) provides for reimbursement of
funds spent repairing flood damage on various federal aid routes
in Butte County. Available emergency relief funds approved are
$148,900, subject to submitting of itemized billings far repair
work. ADOPTED RESOLUTION 86-118 AUTHORIZING ExECUTION OF PROGRAM
5UPPLEMENT AND AUTHORIZED THE CHAIRMAN TO SIGN.
25. Forest highway agreement - Orovi7le--Quincy Highway - the
Oroville-Quincy Highway is designated a forest highway route
and is eligible to be reconstructed with federal funding. Prior
to expenditure of federal funds, a forest highway agreement,
which sets forth the responsibilities of the county and the Federal
Highway Administration, must be executed. APPROVED AGREEMENT
AND AUTHORIZED THE CHAIRMAN TO SIGN.
26. Juvenile Hall inspection - the State Department of Youth Authority
forwards its inspection of the Butte County Juvenile Hall of
Juiy 15, 1986 and forwards a summary of the inspection report
granting approval far confinement of minors in accordance with
the maximum capacity established for the facility, contingent
upon receipt of a satisfactory subsidiary inspection report for
the school program. INFORMATION ONLY.
27. Superior Court Department 4 remodel - plans and specifications
have been prepared for necessary remodeling to accommodate the
fourth Superior Court Judge. APPROVED THE PLANS AND SPECIFICATIONS
AND SET BID OPENING FOR OCTOBER l5, 1985 AT 2:00 P.M. IN THE
PURCHASING OFFICE.
28. Computer Center micro-computer - requested is an additional
micro-computer, operating system and peripheral equipment from
that approved in the 1985-87 budget, with no additional budget
appropriation necessary. AUTHORIZED ACQUISITION OF ADDITIONAL
MICRO-COMPUTER.
29. Public Health micro-computer - requested is a portable computer,
printer, software and surge protector at a total cost of $7,000
for use within the Women, Infants, and Children (WIC) Program
which is 100q federally funded. AUTHORIZED ACQUISITION OF
EQUIPIliENT.
30. District Attorney micro-computers - requested is the acquisition
of two micro-computers, related peripheral equipment and software
to support the Major Narcotics Vendor Prosecution Program in
an amount not to exceed $9,369. AUTHORIZED ACQUISITION OF
MICRO-COMPUTERS. page 23
September l6, 1986
86-493
(Cont'd} 3T. Investments information report - the Treasurer submits the
August 31, 1986 report in accordance with AB 1073 and the county's
investment policy. ACCEPTED FOR INFORMATION.
32. Distribution of excess proceeds from tax defaulted property
sales - a report has been prepared recommending distribution
of excess proceeds from the sale of tax defaulted property in
accordance with Revenue and Taxation Cade Section 4675. ORDERED
DISTRIBUTION OF EXCESS PROCEEDS FROM MAY 16, 1985, TAX DEFAULTED
PROPERTY SALE IN ACCORDANCE WITH REVENUE AND TAXATION CODE
SECTION 4675 AS INDICATED IN THE AUDITOR'S r~EP90RANDUM OF AUGUST 20,
1986 AND COUNTY COUNSEL'S APPROVAL OF AUGUST 21, 7986.
33. Excess proceeds originating from tax sales - a resolution has
been prepared authorizing the Treasurer/Tax Collector to perform
certain acts relating to claims for excess tax sales proceeds.
ADOPTED RESOLUTION 86-119 AND AUTHORIZED THE CHAIR~+1AN TO SIGN.
34. AB 2536 monies - supplemental claims - supplemental claims have
been received from the County of Butte, Feather River Recreation
and Park District, Drainage District No. 1, City of Gridley and
the city of Oroville totaling $760,783.47. This is greater than
the remaining $112,556.34. AUTHORIZED DISTRIBUTION OF FUNDS
AS RECOMMENDED BY THE CIVIL DISASTER OFFICER IN HIS SEPTEP7BER 2,
1986 MEMO.
35. Law Library transfer - the Law Library Board of Trustees requests
Board approval of a $1,000 transfer from the Carleton Gray Trust
Fund to the Law Library's operating fund. AUTHORIZED TRANSFER
OF FUNDS.
36. Butte County Economic Development Corporation - a resolution
has been prepared recognizing the Butte County Economic Development
Corporation as the county-wide agency for services linking economic
development and job training. ADOPTED RESOLUTION 86-120 AND
AUTHORIZED THE CHAIRMAN TO SIGN.
37. Ordinance amending Section 4-1.4 of the Butte County Code relative
to animal violations. ~IAIVED FIRST READING OF THE ORDINANCE.
38. Pesticide residue sampling contract - Contract No. 8619 has been
prepared with the State Department of Food and Agriculture in
the amount of $1,450 for Butte County to perform pesticide residue
sampling at $72.50 per sample during the period duly 1, 7986
through dune 30, 7987. APPROUED CONTRACT AND AUTHORIZED THE
CHAIRMAN TO SIGN.
Page 24
September 16, 1986
86-493
(Cont'd} 39. legal representation agreement -- Paul Greisen - four properties
developed under the Home Purchase Assistance Program are involved
in bankruptcy proceedings and the assistance of outside counsel
to clear title is requested. The agreement limits the total
fee to $600. The appropriation far services was approved April 15,
1986 by budget transfer 8-12. APPROVED AGREEMENT AND AUTHORIZED
THE CHAIRMAN TO SIGN.
40. Skills Training Enhancement Project (S.T.E.P.) application -
the second year funding application has been prepared in the
amount of $56,552 with na local funds required. AUTHORIZED STAFF
TO SUBMIT THE APPLICATION FOR 7986-87 FUNDING.
41. Victim Witness Assistance Center agreement - a joint powers
agreement has been prepared with the State Board of Control to
provide funding for the Victim Assistance Center in the amount
of $36,500 to support one staff person to fully verify 200 claims
and also to provide data processing equipment and supplies covering
the period July 1, 1986 through June 30, 1987. APPROVED JOINT
POWERS AGREEMENT AND AUTHORIZED THE CHAIRMAN TO SIGN.
42. Amendment IVo. 1 - Grant No. 85-00070
the term of the grant from July 1, 1986
allows the Health Department to purch~
utilizing excess state grant funds and
appropriated by the Board. APPROVED
AUTHORIZED THE CHAIRMAN TO SIGN.
- the amendment extends
to October 31, 1986 and
use a laboratory washer
county funds previously
CONTRACT AMENDMENT RND
43. Student Drug Abuse Suppression Program training contract - an
agreement has been prepared witYt the Orovil1e Elementary School
District to provide training to five members of the Sheriff's
Department Drug Suppression Program staff in an amount not to
exceed $450 during the 1986-87 academic school year. APPROVED
AGREEMENT AND AUTHORIZED THE CHAIRMAN TO SIGN.
44. Work Furlough Sentencing Program agreement - an agreement has
been prepared between Los Angeles County, Butte County and Cathleen
Bonsall setting forth terms and conditions to allow the applicant
to serve in the Work Furlough Sentencing Program in Los Angeles
County resulting from Case No. CR-39899. APPROVED AGREEMENT
AND AUTHORIZED THE CHAIRMAN TO SIGN.
45. Work Furlough Sentencing Program agreement - Cathleen Bonsall -
' the agreement provides far the applicant to pay for all costs
required by Las Angeles County and will indemnify Butte of any
costs relating to execution of the agreement with Los Angeles
County. APPROVED AGREEMENT AND AUTHORIZED THE CHAIRMAN TO SIGN.
Page 25
September 16, 1986
86-493
(Cont'd) 46. Contract amendment - Tri--County Economic Development Corporation -
the amendment authorizes an extension of the termination date
from September 30, 1986 to June 27, 1987 which covers
implementation of the Small Business Technical Assistance Grant
Program. APPROVED CONTRACT AMEND~~RENT AND AUTHORIZED THE CHAIRMAN
TO SIGN.
47. Addendum to architect's agreement - Butte County Jail smoke
evacuation system - the addendum increases the agreement by
$9,610 for design services with funding coming from existing
appropriations. APPROVED CONTRACT AMENDMENT AND AUTHORIZED THE
CHAIRMAN TO SIGN.
48. Merit increase - Health Officer. APPROVED PIERIT INCREASE FROM
RANGE 41.5, STEP C TO STEP D TO BE EFFECTIVE JUNE 28, 1986.
49. Butte County Airport Land Use Commission - Conflict of Interest
Code •- the commission forwards its Conflict of Interest Code
to the Board of Supervisors as the code reviewing body. APPROVED
THE CONFLICT OF INTEREST CODE AS SUB~7ITTED.
50. House Resolution 1309 - High Risk Occupational Disease Notification
and Prevention Act of 79$6. AUTHORIZED LETTERS OF OPPOSITION
TO LEGISLATORS.
51. Water Commissioner travel - authorization is requested to send
a Water Commission member to a University of California Cooperative
Extension Water Symposium to be held September 30 to October 2,
1986 in Asilomar. AUTHORIZED TRAVEL.
52. Communications.
a. Soper-Wheeler Company, Strawberry Valley - petitions to add
AP 073-08-0-006-0 to timberland preserve pursuant to Government
Code Section 57113.5. REFERRED TO PLANNING AND ASSESSOR.
b. Law Offices of Cooper, White & Cooper - on behalf of State TV
Cable, file claim for refund of 1982-83 unsecured property, Account
Nos. 27-001704-00 and 27-001705-00. REFERRED TO COUNTY COUNSEL,
c. Californians for Compensation Reform -- forwards a status report
on the organization's activity to secure passage of a negotiated
worker's compensation reform measure. INFORMATiOPd ONLY.
d. State Office of Historic Preservation - forwards information
concerning the nomination of the Southern Pacific Depot in Chico
to the National Register of Historic Places inventory. AUTHORIZED
LETTER OF SUPPORT.
Motion: APPROVED COPJSENT AGENDA.
S M
Vote: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
Page 26
September 16, 1986
86-494 Additional item:
1. Superior Court - request to purchase fixed asset equipment for
Department 4.
Plotion: APPROVED BUDGET TRANSFER B-9 AND AUTHORIZED PURCHASE OF ITEMS
AS REQUESTED IN LETTER FROM CHIEF ADMINISTRATIVE OFFICER
DATED SEPTEMBER 12, 1986.
M s
Vote: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
Regular Agenda
86-495 Budget transfers.
{l39)
Motion: APPROVED BUDGET TRANSFERS B-2, B-4, B-6 AND B-8.
M S
Vote: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
86-496 Resolution of the Board of Supervisors refunding $101,665 to special
{170) districts in accordance with Board action of August 26, 1986.
Motion: ADOPTED RESOLUTION 86-121.
S M
Vote: l Y 2 fd 3 Y 4 Y 5 N {Motion carried)
86--497 General Assistance cost of living increase - the Welfare Director
(198) submits an increase in issuance of emergency funds to families or
individuals and the annual cost of living allowance of 5.1~ for
recipients of county General Assistance, to commence as of September 1,
7 986.
Motion: DIRECTED WELFARE DIRECTOR TO PREPARE AN I>~tDEPENDENT STUDY
OF COSTS SO THAT THE BOARD CAN HAVE FULL INFORMATION FOR
A C01~1PARI50N IN ORDER TO TAKE AN APPROPRIATE ACTION.
~1 S
Vote: I N 2 Y 3 Y 4 Y 5 Y {motion carried)
86-498 Speed limits on various county roads - the Department of Public Works
(501) has completed traffic studies on various county roads and recommends
that they be speed zoned to 25 miles per hour:
Stump Drive (from Crestridge Road to Farley Street); Flargo Lane
{from Stump Drive to North end); Becky Lane (from Stump Drive to
Oak Knoll Way); Diane Court (from Stump drive to North end); and
Oak iCnoli Way (from Margo Lane to East end). (AMENDED TO INCLUDE
° AN ORDINANCE RAISING SPEED LIMITS TO 35 MILES PER HOUR ON LOWER
WYANDOTTE ROAD.)
Page 27
September 16, 1985
86-49$
(Cont'd) Motion: MIAIYED FIRST READINGS OF THE TMIO ORDINANCES.
ht S
Vote: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried}
85-499 Ordinance amending Chapter 21 of the Butte County Gode by adding
(579} Sections 21-1.7 and 21-i.2 relative to taxation.
Motion: WAIVED FIRST READING OF THE ORDINANCE.
Vote: 7 Y
56-500 Attorney servi
{540) an amount not
provides for
consultation.
M 5
2 Y 3 Y 4 Y 5 Y {Unanimously carried)
ces agreement - Ephraim Margolin - the agreement, in
to exceed $7,742.70 plus court costs and expenses,
retaining the attorney for certain litigation and
Plotion: APPROVED AGREEMENT AND AUTHORIZED THE CHAIRMAN TO SIGN.
S M
Vote: l Y 2 Y 3 Y 4 Y 5 Y {Unanimously carried)
86-5Oi Addendum to architect's agreement - Butte County Jail smoke evacuation
{566} system - the addendum increases the agreement by $9,510 for design
services with funding coming from existing appropriations. (APPROVED
ON THE CONSENT AGENDA. DISCUSSION ONLY AT THIS TIME.}
86--502 California Regional Muter Quality Control Board - Central Valley
(648) Region - writes concerning the Greater Chico Urban Area Nitrate Action
Plan, setting forth the need to hire a financial consultant and engineer
to evaluate costs, funding mechanisms, and the feasibility of various
alternatives, (REPORT GIVEN BY SUPERVISOR DOLAN ON BACKGROUND OF
NITRATE ACTIOPI PLAN. REQUESTED ADMINISTRATIVE OFFICER TO PROVIDE
A REPORT TO BOARD OF SUPERVISORS, CITY OF CHICO AND REGIONAL WATER
QUALITY CONTROL BOARD ON PROGRESS BEING MADE.)
86-503 City of Chico - Fred Davis, city manager, writes requesting a joint
{700} meeting of the City Council and Board to discuss the progress of the
Nitrate Action Pian. (SUPERVISOR DOLAN THOUGHT IT WAS APPROPRIATE
TO REFER TO THE CHICO ISSUES COMMITTEE, BUT ALSO EXPRESSED OTHER
CONCERNS.}
86-504 Presentation by Flo Opatrny, president, Honey Run Covered Bridge
(76i) Association.
(SUPERVISOR WHEELER ABSENT AT THIS TIME.)
Motion: APPROVED ACTION AS REQUESTED BY FLO OPATRNY IN HER LETTER
OF AUGUST 25, 7986 FOR BOARD TO WRITE A LETTER TO THE STATE
PARK AND RECREATION DISTRICT INDICATING COUNTY'S WILLINGNESS
TO DISCUSS DONATING THE PROPERTY TO THE STATE AND RELINQUISHING
OWNERSHIP.
Page 28
September i6, 1986
86-504
(Cont'd)
5 M
Vote: 1 Y 2 Y 3 AB 4 Y 5 Y (Unanimously carried)
86-505 Presentation by Greater Chico Chamber of Commerce regarding a planned
(i]84) city/county forum. (HELD UNTIL LATER IN THE MEETING.)
(SUPERVISOR WHEELER PRESENT AT THIS TIME.)
86-506 NorthStar Engineering - on behalf of Raymond D. Brinson, makes a late
(1217) appeal on Condition No. 3 (construct full street section on access
road and one-half street section plus i2-foot lane on Lott Raad to
RS-46 geometric standard. Minimum structural section to be 2" AC
and 8" AB, SC 250 prime, fog seal and 95% relative compaction. Submit
design to County Department of Public Works for approval. "R" value
determinations and other data may be required to support section
design.} for tentative subdivision map, AP 40-75-49, four parcels,
property located on the east side of Lott Road 1200 feet north of
Durham-Dayton High4lay, Durham area.
friotion: ALLOWED THE LATE APPEAL, FINDING THE PROP05ED APPEAL WILL
NOT AFFECT THE FINDINGS AND DETERMINATIONS OF THE ENVIRONi~9ENTAL
REVIEW, `THAT IT WILL NOT BRING ABOUT AN INCONSISTENCY IN
THE FINDINGS OF THE GENERAL PLAN OR ZONING, THAT THE FRCTS
PRESENTED GIVING GOOD AND SUFFICIENT REASOPi ARE (1} PERSONAL
CIRCUMSTANCES WITHIN THE FAMILY AND (2) NEW INFORMATION ABOUT
DIFFERENT STANDARD FOR A DIVISION ADJOINING THE SAF~IE ERSEP1ENT
THAT THEY WISH TO DISCUSS, WHICH WAS INFORMATION THAT CAA1E
TO THE APPLICANT AFTER THE DECISION, AND FOUND THAT THE PARCEL
MAP HAS NOT BEEN RECORDED. SET HEARING DATE FOR NOVEMBER 4,
1986, AT 1T:00 A.M.
M S
Vote: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
86-507 Consideration of request by Richard M. Camaren for interpretation
(1420) of a condition an a parcel map and of hoafcing into the existing
Sacramento Avenue Drainage District for AP 43-29-106, iO7, iO8 and
109.
Motion: DIRECTED THAT MR. CAP4AREN BE ADVISED THAT (1) THE BOARD IS
STRICTLY INTERPRETING THAT CONDITION ON THE MAP, AND (2)
THAT HOOKING INTO THE EXISTING FACILITIES OF SACRAMENTO AUENUE
DRAINAGE R5SESSP~IENT DISTRICT WILL NOT BE ALLOWED.
M S
Vote: i Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
Recess: l0:iO a.m.
Reconvene: 10:25 p.m
Page 29
September 16, 1986
86-508 Consideration of issuing Request far Proposal for computer hardware
(7788) and systems software Bata Processing Master Plan for finance node.
Motion: ACCEPTED RECOMMENDATION BY DATA PROCESSING STEERING COP9MITTEE
TO DTSTRIBUTE A REQUEST FOR PROPOSAL TO HEWLITT-PACKARD,
HONEYWELL, NATIONAL CASH REGISTER RND INTERNATIONAL BUSINESS
MACHINES, AND NOTING FOR THE PUBLIC, THE STEERTNG COMMITTEE'S
RECOMMENDATIONS ON PAGE 3, ITEM H.
S M
** Vote: 7 Y 2 Y 3 Y 4 Y 5 Y {Unanimously carried)
00
86-509 Appointment of 5eaier of Weights and Measures.
(20}
Motion: APPOINTED JOE BANDY.
S M
Vote: 7 Y 2 Y 3 Y 4 Y 5 Y {Unanimously carried)
{h9R. BANDY ACCEPTED RPPOTNTMENT.)
86--570 a. Interpretation of compatibility of sewage treatment ponds in an
( 7 01 A-40 zone.
b. Interpretation of whether or not sewage treatment ponds can be
considered in an M-1 zone. (from 8/26/86}
Motion: FOUND THAT SEWAGE DISPOSAL PONDS ARE NOT A PERh9ITTED USE
WITHIN THE MEANING OF SECTION 24-81 A-4O (AGRICULTURAL) ZONE
OF' THE BUTTE COUNTY COMPREHENSIVE ZONING ORDINANCE.
M S
Vote: 1 Y 2 Y 3 Y 4 Y 5 Y {Unanimously carried)
(ITEM CONTINUED UNTIL LATER TN THE MEETING.)
Public Hearings
86-517 County service area service charges.
(762)
Motion: ADOPTED RESQLl1TIQH 86-122.
S M
Vote: t Y 2 Y 3 Y 4 Y 5 Y {Unanimously carried}
86-512 David Mennucci - abandonment of Butte Avenue right--of-way located
(812) from Grand Avenue, just east of 6th Street, to 5th Street, at a point
220 feet south of Grand Avenue, identified as RP 31-223, 224, Therma7ito
area (Fire 87-6)
Page 30
September 76, 1986
86-512
(Cont'd) Motion: ADOPTED RESQLUTION 86-123 APPROVING THE REQUEST BY MR. MENNUCCI
THAT THE ABANDONMENT BE AMENDED TO ALLOW FOR THE NORTHERN
ONE-HALF OF THE REQUESTED ABANDONMENT BETWEEN 5TH AND 6TH
STREET AS IT LIES BETWEEN LOTS T AND 8 TO THE SOUTHERLY SIDE
AND ABANDON ALL OF RIGHT-OF-WAY AS IT ADJOINS GRAND AVENUE,
RETAINING 40 FEET RIGHT OF WAY FOR ACCESS TO LOTS T THOUGH
8. THE RIGHT-OF-WAY WOULD NO LONGER BE A THROUGH STREET
BUT WOULD BE A DEAD END RIGHT OF WAY 40 FEET IN .WIDTH.
S M
Vote: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried}
86-5I3 Renaming of private road in the OroviTle area of Butte County: Gorman
(916) Ranch Road {Swedes Flat Road to end} to Chinese Wall Road. Residents
in the area have requested this name change.
Motion: ADOPTED RESOLUTION 86-124 APPROVING NAME CHANGE.
M S
Vote: T Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried}
86-514 PlichaeT V. Sexton, attorney at law, on behalf of Riggs Property
(955} Management, appeals the Planning Commission's denial of Coak and
Associates {proposed negative declaration regarding environmental
impact) rezone from RT-1 {minimum density residential mobile home}
to C-1 (Tight commercial} for property located on the northeast corner
of Roya] Oaks Drive and Kelly Ridge Road, Kelly Ridge area, identified
as AP 69-O1-36, east of Oroville.
Motion: DENIED APPEAL OF RIGGS PROPERTY MANAGEMENT FOR THAT PROPERTY,
THE T.9 ACRES, LOCATED ON THE NORTHEAST CORNER OF ROYAL OAKS
DRIVE, KELLY RIDGE ROAD AREA, IDENTIFIED AS AP 69-OT-36.
M S
Vote: T Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
$6-515 Cook Associates -- rezone (proposed negative declaration regarding
(2655) environmental impact) from RR-1 (agricultural residential - one acre
parcels) to R-2 {duplex residential) for property located on the east
side of Oman Drive and on the west side of Royal Oaks Drive and rezone
from AR-1 to R-1 (single family residential) for property located
on the west side of Oman .,Drive and on Fowler Court and Minims Court,
west of Royal Oaks Drive, identified as AP 69-53-1 through 51, east
of OrovilTe (Fire 86-37B).
Motion: FOUND THAT THE REQUIREMENTS OF CEQA HAVE BEEN COMPLETED AND
CONSIDERED IN MAKING THIS DECISION AND ADOPTED A NEGATIVE
DECLARATION REGARDING ENVIRONMENTAL IMPACT AND FOUND THAT
THE REZONE TO R-1 DOES CONFORP~ TO THE POLICIES OF THE BUTTE
COUNTY GENERAL PLAN INCLUDING THE MAP AND TEXT OF THE LAND
USE ELEMENT OF THE CIRCULATION ELEMENT AND ADOPTED
ORQINANCE 2551 TO REZONE TO R-i THAT PROPERTY LOCATED ON
Page 31
September 16, 1986
8b-5i 5
(Cont'd) THE EAST SIDE OF Ot4AN DRIVE IDENTIFIED AS AP 69-53-T THROUGH
14, AND 69-53-51 AND THAT PROPERTY LOCATED ON THE WEST SIDE
OF OMAN DRIVE AND FOWLER COURT AND MIMS COURT IDEtJTiFIED
AS AP 69-53-1 THROUGH 50.
M S
Vote: l Y 2 Y 3 Y 4 Y 5 Y (Unanimousiy carried)
Recess: 12:20 p.m.
Reconvene: i:45 p.m.
86-516 Recognition of persons ti~rishing to spea~C.
i. Glenn Miller - comments regarding city annexations.
2. Donna Barker - problems with filth and health nuisance in
neighbarhaod. (DIRECTED LETTER BE WRITTEN TO GREAT
*** WESTERN REQUESTING THEM TO ABATE TWE NUISANCE.)
000
3. iYell Lind - suggestion for possible so]ution to Ms. Barker`s
problem_
Regular A_~enda
$6-517 Presentation by Greater Chico Chamber of Commerce regarding a planned
(245) city/county forum.
Motion: AGREED TO MEET IN JOINT SESSION WITH THE CHICO CITY COUNCIL
FOR PURP05ES OF DISCUSSING RESOLUTION OF DIFFERENCES THAT
UP TO DATE HAVE LED TO LITIGATION.
M S
Vote: i Y 2 Y 3 Y 4 Y 5 Y {Unanimously carried)
Public Hearings and Timed Items
86-518 Recognition of persons wishing to speak.
1. Mr, and Mrs. Sweedle - prab1ems with access on Lakeride Estates
building lot.
(SUPERVISOR DQLRN ABSENT AT THIS TIME.)
Page 32
September 76, T986
Regular Agenda
86-519 Consideration of request by Erna Hawkins for a loan of $26,000 to
(828) Buzztai7 Community Services District. (from 8/19/86)
Motion: MADE MOTION OF INTENT FOR RESOLUTION TO BE PREPARED AND BROUGHT
BACK TO BOARD FOR DTSPOSITION,
A9
Vote: 1 2 3 4 5 '
(MOTION DIED FOR LACK OF A SECOND. NO FURTHER ACTION AT THIS TIME.}
Public Hearings and Timed Items
86-520 Butte County Planning Commission - code amendment to add Section 24-31
(1148} to the Butte County Code to allow far aliquot parts of sections,
countywide.
Motion: FOUND THAT THE REQUIREMENTS OF CEQA HAVE BEEN COMPLETED AND
ADOPTED A NEGATIVE DECLARATION; FOUND THAT THE AP9ENDMENT
TO RECOGNIZE ALIQUOT PARTS OF 640 ACRE SECTIONS WILL CONFORM
TO POLICIES OF THE GENERAL PLAtJ RND WILL AVOID SOP~E VARIANCES
TO MINIMUM PARCEL SIZE APPLICATIONS. ADOPTED ORDINANCE 2552
AP4ENDING THE ZONING ORDTNANCE TO ALLOW ALIQUOT PARTS,
F,UTHORIZED PROCESSING OF THE McMAIN'S BUILDING PERMIT.
S M
Vote: T Y 2 AB 3 Y 4 Y 5 Y (Motion carried}
86-521 Butte County Board of Supervisors - code amendment to amend the "U"
(1339) (unclassified} zone with proper language to Include the requirement
to rezone to a more specific zone prior to subdivision, countywide.
(HEARING CLOSED AND CONTINUED TO OCTOBER 7, 1986,}
(SUPERVISOR DOLAN PRESENT RT THIS TIME.)
Recess: 2:54 p.m3.
Reconvene: 3:05 p.m.
(SUPERVISORS DOLAN RND FULTON ABSENT AT THIS TIME.}
Re_ gular Agenda
86-52Z Consideration of request by Erna Hawkins for a loan of $26,000 to
(1940) Buzztail Community Services District.
(SUPERVISOR FULTON PRESENT AT THIS TIME.)
Page 33
September T6, 1986
86-522
(Cant'd) Motion: AUTHORISED AGREEMENT WITH THE DISTRICT FOR RETMBURSEMENT.
S M
Vote: ] Y 2 AB 3 Y 4 Y 5 Y (Motion carried)
Public Hearings and Timed Items
86-523 Lippincott-Guth Associates - on behalf of Renaldo N. Herrera, appeal
(7992) the Advisory Agency's denial of tentative parse] rnap (proposed negative
declaration regarding environmental impact), AP 58-68-5, four parcels
property located on the west side of Pde7son Bar Raad, 1200 feet
southwesterly of Lunt Road, Concow area. (CONTINUED TO NOVEMBER ]8,
7986 AT 17:00 A.M.)
Regular Aqenda
86-524 Report to the Board by Director of Public Works regarding funding
(2139) assistance from Pacific Be]1 to complete the readdressing program
in Butte County. (TNFORMATION ONLY.)
(SUPERVISOR McINTURF VACATED ROOM AT THIS TIME TO AVOID ANY APPEARANCE
OF~CONFLICT IN THE FOLLOWING ~4ATTER.)
86-525 Request interpretation - development of commercial property at the
(2245) corner of Olive Highway and Canyon Drive, Orovilie.
Matian: FOUND THAT THE DEVELOPMENT OF A SERVICE STATION/MINI MART
WOULD NOT BE R SUBSTANTIVE CHANGE.
M S
Vote: ] AB 2 Y 3 Y 4 Y 5 Y (Motion carried)
(SUPERVISOR McINTURF PRESENT AT THIS TIME.)
Public Hearings and Timed Items
86-526 Sierra West Surveying - on behalf of Elly Kelly, appeals the Advisory
{2439) Agency's denial of tentative parcel map {proposed mitigated negative
declaration regarding environmental impact), AP 57-43-OT, (new number,
AP T1-36-0) two parcels, property located at the north end of Sean
Flat Lane, approximate]y T/2 mile north of its intersection with
Centerville Road, in the Butte Creek Canyon area.
Page 34
September T6, 1986
86-526
(Cont'd) Motion: FOUND THAT SUFFICIENT EVIDENCE HAS NOT BEEN SUBMITTED TO
VERIFY THAT THIS PROJECT WOULD CAUSE DAMAGE TO WILDLIFE OR
WILDLIFE HABITAT; ADOPTED NEGATIVE DECLARATION REGARDING
ENVIRONMENTAL IMPACT FOR THE ELLY KELLY TENTATIVE PARCEL
MAP ON AP 11-36-01; FOUND THAT THIS PROJECT CONFORMS TO THE
THE BUTTE COUNTY GENERAL PLAN AND ZONING; UPHELD THE APPEAL
OF THE ADVISORY AGENCY'S DENIAL OF THIS PROJECT AND APPROVED
THE TENTATIUE PARCEL MAP FOR ELLY KELLY ON AP 11-36-07.
APPROVAL IS SUBJECT TO PUBLIC WORKS, ENVIRONMENTAL HEALTH,
AND PLANNING DEPARTMENT'S CONDITIONS AS STATED ON MEMO DATED
AUGUST 26, 1986 FROM DEPARTMENT OF PUBLIC WDRKS TO THE BOARD
OF SUPERVISORS.
S M
Vote: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
Regular Agenda
86-527 Discussion of setting a General Plan amendment hearing date. (SET
{26I0} HEARING DATE FOR OCTOBER 2i, I986)
86-528 Discussion of Butte County Code regarding the Board of Supervisors
{2644) setting of public hearings. {Supervisor Dolan)
Motion: DIRECTED COUNTY COUNSEL TO PREPARE THE THREE ORDINANCES
NECESSARY TO AMEND THE CODE TO ALLOW ADMINISTRATIVE OFFICE
SET PUBLIC HEARINGS.
M S
Vote: I Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried}
86-529 Report from County Counsel on underground storage tonics. {from 8/19/86}
(2779} (NO ACTION TAKEN.)
~~**
aoao
86-530 Consideration of proposed responses to the 19$5-$6 Final Report o1=
(364} the Butte County Grand Jury. (NO ACTION TAKEN. MATTER TO BE LISTED
ON CONSENT AGENDA FOR OCTOBER 7, I986.)
Public Hearings and Timed Items
86-531 Brian Dillavou - on behalf of concerned Guynn Rvenue residents, appeals
(420} the Advisory Agency`s approval of William I~torris tentatirre subdivision
map (proposed mitigated negative declaration regarding environmental
impact), AP 42-07-57, 75 Tots, property located on the north side
of Lindo Channel, west side of Guynn Avenue approximately 850 feet
south of its intersection with East Avenue, Chico area.
Page 35
September 16, 1986
86--531
(Cont'd) Motion: UPHELD APPEAL.
ra s
Vote: l Y 2 Y 3 N 4 N 5 Y (Motion carried)
Recess: 4:35 p.m.
Reconvene: 4:57 p.m
P4otion: GAVE DIRECTION TO ENVIRONMENTAL HEALTH THAT THEY POST AND
ADVISE PEOPLE THAT THEY CAN STILL BUILD ON SEPTIC TANKS,
ALLOWING FOR WHAT THE NITRATE ACTION PLAN SPEAKS TO, AND
FOUND THAT THE COUNTY SHOULD BEAR THE RESPONSIBILITY OF THE
BURDEFJ OF THIS APPLICANT IN REFERRING HIM BACK TO ADVISORY
AGENCY FOR CONSIDERATION OF SEPTIC SYSTEMS, 8 LOTS, ON THIS
PARTICULAR APPLICATION OF BILL MORRIS', THAT ERRONEOUS OR
MISLEADING INFORMATION WAS GIVEN TO THE APPLICANT, AND GAVE
DIRECTION THAT THEY E}tPEDITIOUSLY PROCESS THE APPLICATION.
S M
Vote: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried}
86-532 Consideration of resolutions for the CSAC Annual Meeting regarding:
(235T) (a) Legislation to implement Measure A.
(b) Support of distressed counties legislation for i9$6-87.
(c) Organization of a campaign to qualify and pass a State
Constitutional Amendment to secure fiscal relief for counties.
Motion: APPROVED THE RESOLUTIONS RS SUBMITTED AND DIRECTED THE CHIEF
ADMINISTRATIVE OFFICER TO FORldARD THE RESOLUTIONS AND NECESSARY
DOCUPiENTS TO CSAC.
M S
Vote: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
86-533 Appointment to JTPA - Private Industry Council.
Motion; APPOINTED MOLLY MICHAELS.
5 M
Vote: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried}
86-534 a. Interpretation of compatibility of sewage treatment ponds in an
A-40 zone.
b. Interpretation of whether or not sewage treatment ponds can be
considered in an M-1 zone. (from earlier in the meeting}
Motion: MADE INTERPRETATION THAT SEWAGE TREATP1ENT PONDS ARE NOT AN
ALLOWED USE IN AN M~-1 ZONE.
M S
Vate: 7 Y 2 Y 3 NV 4 Y 5 Y (Motion carried}
Page 36
September 16, 1986
86-535 Additional items from Board members:
T. Supervisor McInturf requested a resolution for Dan Shaffer, retiring
editor of the Orovi77e P4ercury.
P~iotion: ADOPTED RESOLUTION $6-125,
M S
Vote: T Y 2 AB 3 Y 4 Y 5 Y {lotion carried)
2. Supervisor N~cInturf relayed a request from Las Piamas Band Boasters
for Board to sponsor a trophy for Band Festivo. (SUPERVISOR
McINTURF ~IAD INDICATED TO THEP~I THAT aJOULD BE A GIFT OF PUBLIC
FUNDS.)
Adjournment: There being nothing further before the Board at this
time the meeting was adjourned at 5:50 p.m., to reconvene
on Tuesday, October 7, 1986 at 9:00 a.m.
r
e ~..
Chairman, Board of Supervisors
ATTEST:
MARTIN J. NICHOLS, Chief Administrative
Officer and CTerk of the Board
By
Page 37
September 76, 7986