HomeMy WebLinkAboutM091785September 17, 1985
CaTT to order - Board of Supervisors room, County Administration
Building, 25 County Center Drive, Oroville.
Present: Supervisors Dolan, McInturf, McLaugh1in, Wheeler and
Chairman Fulton; Martin d. Nichols, chief administrative officer;
Del Siemsen, county counsel, by Harvey Wallace, deputy county counsel;
and Rubye TownsTey, deputy clerk of the Board.
Pledge of allegiance to the Flag of the United States of America.
Closed Session: The Board recessed at 9:03 a.m. for a closed session
on the litigation of Hyman vs Matt7y.
Reconvene: The Board reconvened at 9:73 a.m. (SEE MINUTE
ORDER 85-564}
85-555 Additional items from Board members to be addressed at the end of
the day.
i. Supervisor Mclnturf - appointment to Mosquito Abatement Qistrict
and discussion of an illegal woodcutting operation on Oakvale
Avenue.
2. Supervisor Doran, on behalf of the Board - offered
congratulations to Supervisor McLaughlin and his wife on the
birth of a son; late appeal of a condition on a map on Sacramento
Avenue; report on a letter being sent regarding repairs and
hydaulic study on Linda Channel.
3. Supervisor Wheeler - report on water forums.
4. Martin Nichols - added the following item to the Consent Agenda:
Sacramento Park Subdivision - abandonment of a portion of the
drainage easement on Lot 8, Sacramento Park Subdivision,
AP 42-44--5 (86-3},
Page 123
September T7,7985
85-556 Items removed from the Consent Agenda for consideration later in
the day:
i. Budget transfers.
2. Fixed asset - maintenance - Consent Decree - requested is
authorization to purchase a flowhood measuring instrument in
the amount of $2,050 with funding from the Consent Decree Budget
Unit 36T, to enable county maintenance to perform air balancing
tasks.
3. Butte County Library annual report - the Librarian submits the
1984-85 report in accordance with the provisions of the State
Education Cade.
4. Advance step hiring - the Librarian has requested and the
Personnel Director recommends authorization to fill the Tibrary
literacy grant project director position at Range 79.5, Step B.
5. Ordinance amending Chapter 18A of the Butte County Code relating
to Public Health permits for the food establishment inspection
program.
6. Environmental Health fees - a resolution has been prepared
approving a revised fee schedule far the Environmental Health
Division to reflect current costs for performing services.
7. Contract Change Order No. 1 - Butte County Detention
Facility - Minimum Security/Work Release Dormitory - CCO No. 1
has been prepared in the increasing amount of $T,274 and provides
for an increase in fireproofing and a change from horizontal
siding to vertical.
85-557
Consent Agenda
1. Amendment to minutes - Juiy 7b, 1985. AMENDED MINUTE ORDER
85-488 TO REFLECT CSA 94 IS SYCAMORE VALLEY SUBDIVISION RATHER
THAN PLEASANT VALLEY SUBDIVISION.
2. Approval of minutes. APPROVED MINUTES OF AUGUST 9, AUGUST 20
AND SEPTEMBER 7O, 1985.
3. National 4-H Week - a resolution has been prepared proclaiming
October 6-12, 7985 as National 4-H Week in recognition of the
achievements of 4-H members and their families. ADOPTED
RESOLUTION 85-141 AND AUTHORIZED THE CHAIRMAN TO SIGN.
Page 124
September 77, 1985
85- 557
(Cont'd} 4. Renaming of private road
set a hearing date on
(Oroville-Chico Highway to
residents in the area. ADO
HEARING DATE FOR OCTOBER 75,
a resolution has been prepared to
the renaming of Nutbuggy Drive
end} to Yia Verde as requested by
'TED RESOLUTION 85-142 SETTING PUBLIC
T985 AT 70:30 A.M.
5. Environmental Development Inc. - proposed negative declaration
and rezone from FR-40 (foothill recreational - 40 acre parcels}
to FR-5 {foothill recreational - five acre parcels) for property
located on the east side of Butte Creek, approximately 600 feet
east of Centerville Road, and T-1/4 mire south of HelTtown Road,
identified as AP 51-01-124, east of Chico (File 84-77}. SET
HEARING DATE FOR OCTOBER i5, 7985 AT 11:30 A.M.
6. Appointments to Richvale Recreation and Park District. APPOINTED
RUDREY STEPHENS AND CLINTON ROSE TO SERVE UNTIL NOVEMBER, 1988.
7. Appointments to the Substance Abuse Advisory Committee. APPOINTED
GARY W. SMITH, JAMES D. PATTERSON AND HAL C. WHTTEMAN TO SERVE
A TERM OF APPOINTMENT OF ONE, TWO AND THREE YEARS RESPECTIVELY.
8. Grantee performance reports - the reports covering the 7983-84
and 19$4-85 Community Development Block Grant Program have been
prepared for submittal to the State Department of Housing and
Community Development. AUTHORIZED THE CHAIRMAN TO SIGN REPORTS
AND FORWARD TO THE STATE.
9. Butte County Library donation - in accordance with Government
Code Section 25355, a donation of $100 has been received from
Edith Williams for the purchase of books. ACCEPTED DONATION
AND AUTHORIZED LETTER OF APPRECIATION.
T0. Public Health Department - the City of Chico has offered the
donation of two former City of Chico police cars {Inventory
No. 64 and 69} in order to replace two existing department
vehicles. ACCEPTED DONATION AND AUTHORTZED LETTER OF
APPRECIATION.
ll. Foothill Region Cooperative Groundwater Study - the Planning
Department requests Board concurrence in pursuing an agreement
with the State Department of Water Resources to proceed with
a groundwater study this year. AUTHORTZED DEVELOPMENT OF AN
AGREEMENT.
12. Ordinance amending Section 24--29 of the Butte County Code relating
to appeals from the Planning Commission and appeal fees. WAIVED
THE FIRST READING OF THE ORDINANCE.
13. Haiku Estates Subdivision - the owner has encountered problems
with financing and cannot obtain a letter of credit to insure
installation of improvements on the subdivision for AP 44-77-0T
and desires to refire the project as a parcel map. RESCINDED
BOARD ACTION OF JULY 2, 1985 APPROVING HAIKU ESTATES SUBDIVISION.
Page 125
September l7, 1985
85-557
(Cont'd) 14. Steven A. Block, attorney at law - on behalf of Heidi Schiedeck,
files a claim in the amount of $250,000 as a result of alleged
injuries sustained in an automobile accident on or about May 17,
1985 on Robinson Mill Road, near Upham Road. DENIED CLAIM RND
REFERRED TO COUNTY COUNSEL AND RISK MANAGEMENT.
75. John Sanbrook, attorney at law - on behalf of Marion Shadwick,
et al, files a claim for equitable indemnity; far partial
equitable indemnity; for comparative indemity and/or for
contribution as a result of an automobile accident which occurred
on or about November 28, 1984 on West Eighth Avenue in Chico.
DENIED CLAIM AND REFERRED TO COUNTY COUNSEL AND RISK MANAGEMENT.
76. Denise J. Fischer, attorney at law - on behalf of
Gregory Luther Moyers, files application for late claim for
alleged personal injuries and property damage incurred as a
result of an automobile accident on April 79, 1985 on
Lincoln Blvd, south of Mills Street. REJECTED LATE CLAIM FOR
PERSONAL INJURIES AND REFERRED TO COUNTY COUNSEL AND RISK
MANAGEMENT.
17. Denise J. Fischer, attorney at Taw - on behalf of
Gregory Luther Moyers, fires a claim far partial equitable
indemnity in the matter Jacqueline Crowley, et al, vs.
Gregory Luther Moyers, et al, {Butte County Superior Court Case
No. 876T7). DENIER INDEMNITY CLAIM AND REFERRED TO COUNTY COUNSEL
AND RISK MANAGEMENT.
T8. Nancy Ornelas - files claims in the amount of $250,000 as a
result of alleged injuries and damages incurred on or about
May 15, T985 involving the Mental Hearth Department. DENIED
CLAIM RND REFERRED TO COUNTY COUNSEL AND RISK MANAGEMENT.
19. Computer Center typewriter - requested is the replacement of
an electric typewriter at an estimated cost of $500 as the
existing equipment is deemed beyond economic repair. Budget
transfer B-12 has been prepared to provide the necessary
appropriation. APPROVED ACQUISITION OF TYPEWRITER.
20. Kitchen facilities and equipment -- Minimum Security/Work Release
Dormitory - plans and specifications have been prepared for
kitchen facilities and equipment at the new building. ADOPTED
PLANS AND SPECIFICATIONS, AUTHORIZED A CALL FOR BIDS TO BE OPENED
IN THE COUNTY PURCHASING OFFICE ON OCTOBER 9, 1985 AT 2:30 P.M.
2l. Sheriff's Office reroofing - specifications have been prepared
for reroofing of the Administration Section of the Sheriff's
Office at 33 County Center Drive for the budgeted project.
ADOPTED PLANS AND SPECIFICATIONS AND AUTHORIZED A CALL FOR BIDS
TO BE OPENED IN THE PURCHASING OFFICE AT 2:30 P.M. ON
SEPTEMBER 23, T9$5.
Page T26
September 17, 1985
85- 557
(Cant'd) 22. Status of investments - the Treasurer submits the August, 1985
report in accordance with AB 1073 and the county investment
policy. ACCEPTED FOR INFORMATION.
23. Planning Department change box cash - the department requests
authorization to increase the change box cash on hand from $25
to $50. APPROVED REQUEST.
24. Road report designations - the State Controller requests
confirmation of designations to file the road report in accordance
with Section 2157 of the Streets and Highway Code. DESIGNATED
COUNTY AUDITOR AS THE RESPONSIBLE PERSON TO MAKE THE REPORT
AND THE ROAD COMMISSIONER TO CERTIFY THE REPORT PRIOR TO FILING
WITH THE STATE.
25. Vision care benefit - labor agreements with recognized employee
associations extend vision care to mast employees effective
October 1, 1985 and additional Board action is necessary to
extend the benefit to elected officials and appointed department
heads. AUTHORIZED VISION CARE COVERAGE FOR ELECTED OFFICIALS
AND DEPARThYENT HEADS EFFECTIVE OCTOBER 1, 1985.
26. Advance step hiring - the Mental Health Director has requested
and the Personnel Director recommends authorization to fill
a supervising mental health counselor pOSition at Range 20.0,
Step C ($799 biweekly}. AUTHORIZED ADVANCE STEP HIRING.
27. Ordinance repealing Chapter 3 of the Butte County Code relative
to air pollution. WAIVED THE SECOND READING AND ADOPTED
ORDINANCE 2482.
28. Ordinance amending Chapter 75 of the Butte County Code relating
to cardrooms. WAIVED THE SECOND READING AND ADOPTED
ORDINANCE 2483.
29. 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. WAIVED
THE SECOND READING AND ADOPTED ORDINANCE 2484.
30. Weights and measures fees - a resolution has been prepared
establishing fees for the registration of weighing and measuring
devices. ADOPT RESOLUTION 85-143 AND AUTHORIZED THE CHAIRMAN
TO SIGN.
31. Ordinance amending Section 14-103 (Ordinance No. 2478) regulating
offstreet parking on county-owned or county-operated property
pursuant to California Vehicle Code Section 22519. WAIVED THE
SECOND READING AND ADOPTED ORDINANCE 24$5.
Page 127
September T7, 1985
55-557
{Cont'd) 32. Resolution implementing parking restrictions at the Chico
Municipal Court and Chico Health Department parking lots. ADOPTED
RESOLUTION 85-144 IMPLEMENTING PARKING RESTRICTIONS AND AUTHORIZED
THE CHAIRMAN TO SIGN.
33. Ordinance amending Section 19-5 of the Butte County Code relating
to sewage disposal. WAIVED THE FIRST READING OF THE ORDINANCE.
34. Community garden project - a lease agreement has been prepared
between the county and Chapman-Mulberry Advisory Council in
order to provide for a community garden project on a county-owned
parcel on California Street in Chico at a cost of $1.00 per
year. APPROVED LEASE AGREEMENT, SUBJECT TO REVIEW SY COUNTY
COllNSEL, AND AUTHORIZED THE CHAIRMAN TO SIGN.
35. Child protective services - counseling contracts several contracts
have been prepared covering the 1985-86 fisca] year, each in
the amount of $9,950 in which funding has been provided by
Title XX Block Grant for child welfare services as follows:
Jim Park - individual counseling
Family.Services - individual counseling
Dennis Bruce - individual counseling
Eleanor Zahnd - individual counseling
Step II Psychological Services - family counseling
Step II Psychological Services - individual counseling
Step II Psychological Services - sexual abuse counseling
APPROVED AGREEMENTS AND AUTHORIZED THE CHAIRMAN TO SIGN.
36. Foster family home licensing contract - an agreement has been
prepared with the State Department of Social Services for the
county to perform licensing with respect to foster family home
facilities in the amount of $55,332 covering the period duly T,
1985 through June 30, 7986. APPROVED AGREEMENT AND AUTHORIZED
THE CHAIRMAN TO SIGN.
37. Amendment No. 3 - Rape Crisis intervention contract the agreement
covers services to be provided in the amount of $7,000 covering
the period July 1, T985 through July T, 1986 and contains annual
renewal provisions. APPROVED AMENDMENT TO CONTRACT AND AUTHORIZED
THE CHAIRMAN TO SIGN.
38. JTPA cooperative agreement - an agreement has been prepared
between the county JTPA and the State Department of Education
for the administration of the 8% educational funds for fiscal
year 1986 in the amount of $45,294. APPROVED THE AGREEMENT,
AUTHORIZED THE CHAIRMAN TO SIGN, AND AUTHORIZED THE EXECUTIVE
OFFICER TO NEGOTIATE AND EXECUTE A SUBGRANT WITH THE
SUPERINTENDENT OF SCHOOLS.
Page 128
September 17, 7985
85- 557
(Cont'd} 39. Laboratory examination contract - the contract with Calusa County
covers examination of ]aboratory specimens for testing in Butte's
labs far suspected rabid animals at a reimbursed rate of $50
per animal. APPROVED AGREEMENT AND AUTHORIZED THE CHAIRMAN
TO SIGN.
40. 1985-86 milk sample testing contract - the contract with the
State Department of Food and Agriculture has been prepared in
the amount of $1,924.40. APPROVED CONTRACT RND AUTHORIZED THE
CHAIRMAN TO SIGN.
4T. 1985-86 CDBG program administration
for services has been prepared with
covering administration of the CDBG
October 1, ]985 through September 30,
$49,200. APPROVED AGREEMENT AND AUl'
SIGN.
contract - an agreement
Conneriy and Associates
program for the period
1986 in the amount of
HORIZED THE CHAIRMAN TO
42. Public Works Department - addressing project - the Pacific Bell
Telephone Company has agreed to provide X20,600 to assist in
the Butte County addressing project. ACCEPTED FUNDS AND
AUTHORIZED PROJECT.
43. Consulting services - North Palley Plaza Mall annexation
project - the Administrative Officer proposes contracting for
consulting services to provide analysis of the fiscal impacts
of the City of Chico's proposed annexation of the North Valley
Ma1]. AUTHORIZED CHIEF ADMINISTRATIVE OFFICER TO NEGOTIATE
A CONSULTING CONTRACT FOR AN AMOUNT NOT TO EXCEED $10,000.
44. Amendments to conflict of interest code - Office of Butte County
Treasurer-Tax Collector - the proposed amendments have been
submitted in accordance with Government Code Sections 87343
and 87307. APPROVED AMENDMENTS TO CONFLICT OF INTEREST CODE
AND DIRECTED SUBMITTAL TO THE COUNTY CLERK.
45. 1985-86 County Short Doyle Annual Pian for Mental Health
Services - Part A of the County Short Doyle Plan has been prepared
for submittal to the state. ADOPTED RESOLlfTION 85-145 APPROVING
PART A, COUNTY SHORT DOYLE PLAN AND AUTHORIZED THE CHAIRMAN
TO SIGN.
46. Status report -- Butte County Detention Facility - Minimum
Security/Work Release Dormitory. ACCEPTED FOR INFORMATION.
47. Annual inspection of jail facilities - the Public Health Officer
submits his annual inspection report of the Butte County Jail.
ACCEPTED REPORT AND REFERRED TO CHIEF ADMINISTRATIVE OFFICER
AND SHERIFF.
Page 129
September 17, 1985
85- 557
{Cont'd) 48. Communications.
a. Delbert Ni. Siemsen - submits his resignation as County Counsel
to be effective at completion of his term (October 10, 1985).
ACCEPTED RESIGNATION AND REFERRED TO CHIEF ADMINISTRATIVE OFFICER
FOR REPORT ON OCTOBER 1.
b. Bayles Farms, et al, Biggs - writes supporting utilization
of funds to pave Droville-Quincy Highway. ACCEPTED FOR
INFORMATION.
c. Butte County Rice Growers Rssociation - writes expressing
appreciation for the outstanding job of rebuilding the Richvale
Highway/Southern Pacific rail crossing. ACCEPTED FOR INFORMATION.
d. Butte County Association of Cities - writes expressing
concerns relating to court consolidation. REFERRED TO CHIEF
ADMINISTRATIVE OFFICER FOR REPLY.
e. Viacom Cablevisian -- writes advising of an increase of rates
far basic cable television service in and around Oroville
beginning October 7, 1985 by $0.25. ACCEPTED FOR INFORMATION.
f. Butte County Economic Development Corporation - writes
forwarding a status report of the Economic Development Set Aside
portion of the 1985 Community Development Block Grant program
fora wild-rice processing plant. ACCEPTED FOR INFORMATION.
g. William J. Price, Tehachapi - writes requesting information
related to the annual report of expenditures from the county
jail inmate welfare fund. REFERRED TO AUDITOR-CONTROLLER AND
SHERIFF FOR HANDLING.
h. Thermalito Irrigation District - writes regarding the concern
expressed to the Soard of Supervisors concerning the drawing
down of Concow Reservoir. ACCEPTED FOR INFORMATION.
i. Cooper, White and Cooper, attorneys at law - on behalf of
State TY Cable, file a claim for refund of 1981-82 unsecured
property tax account iVos. 27-001704-00 and 27-001705-00. REFERRED
TO COUNTY COUNSEL.
j. Aime J. Hebert, Oroville - writes requesting the Soard
initiate rezoning of AP 30-1D-20 to M-1. ACCEPTED FOR INFORMATION
AS APPLICATION HAS BEEN MADE TO THE PLANNING DEPARTMENT AS OF
5EPTEMBER 5, 1985.
Ec. U.S. Department of Housing and Urban Development - writes
advising of their desire to close out the county's 1982 grant
by September 30, 1985 for the Small Cities Program. REFERRED
TO CONNERLY AND ASSOCIATES FOR COMPLETION.
Page 130
September 17, T985
85- 557
{Cont`d} 49. Sacramento Park Subdivision - abandonment of a portion of the
drainage easement on Lot 8, Sacramento Park Subdivision,
AP 42-44-8 (86-3). ADOPTED RESOLUTION 85-146 SETTING HEARING
GATE FOR NOVEMBER 5, 7985, AT T0:3O A.M.
Motion: APPROVED CONSENT AGENDA.
M S
Vote: T Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
Regular Agenda
$5--558 Budget transfers.
Motion: APPROVED BUDGET TRANSFERS B-335, B-33G, B-5, B-6, B-7,
B-8, B-9, B-70, B-11, B-T 2, B-]3, B-14, B-]5, B-16. B-T7,
B-18 B-T9, B-2T, B-22, B-24, B-25 AND B-26.
M S
Vote: T Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
85-559 Fixed asset - maintenance - Consent Decree - requested is authorization
(237} to purchase a flowhood measuring instrument in the amount of $2,050
with funding from the Consent Decree Budget Unit 36T, to enable county
maintenance to perform air balancing tasks.
Motion: AUTHORIZED PURCHASE.
S M
Vote: T Y 2 Y 3 Y 4 Y 5 Y {Unanimously carried)
85-560 Butte County Library annual report - the Librarian submits the 1984-85
(320} report in accordance with the provisions of the State Education Code.
Motion: ACCEPTED REPORT FOR FILING, CORRECTING ITEM #24 TO REFLECT
2T ACTUAL POSITIONS RATHER THAN 22.
S M
Vote: ] Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
85-56] Advance step hiring - the Librarian has requested and the Personnel
Director recommends authorization to fill the library literacy grant
project director position at Range 19.5, Step B.
Motion: AUTHORIZED ADVANCE STEP HIRING.
5 M
Vote: 7 Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried}
Page ]37
September 17, T985
$5-562 Ordinance amending Chapter 18A of the Butte County Code relating
(355) to public Health permits far the food establishment inspection program.
Motion: WAIVED FIRST READING OF THE ORDINANCE.
M S
Vote: i Y 2 Y 3 Y 4 Y 5 Y {Unanimously carried)
85-5b3 Environmental Health fees - a resolution has been prepared approving
(476) a revised fee schedule for the Environmental Health Division to reflect
current costs for performing services.
Motion: ADOPTED RESOLUTION 85-147, AMENDING TO DELETE THE FEES IN
ITEMS C AND D, PAGE 5, WITH A REPORT SACK FROM MR. VANHART
IN 3 MONTHS.
M S
Vote: l Y 2 Y 3 Y 4 Y 5 Y {Unanimously carried)
85-564 Contract Change Order No. 1 - Butte County Detention
{744) Facility - Minimum Security/Work Release Dormitory CCO No. 1 has
been prepared in the increasing amount of $1,274 and provides far
an increase in fireproofing and a change from horizontal siding to
vertical.
Motion: APPROVED CHANGE ORDER AND AUTHORIZED THE CHAIRMAN TO SIGN.
S M
Vote: i Y 2 Y 3 Y 4 Y 5 Y {Unanimously carried)
85-565 Report on closed session. {LEO BATTLE, ATTORNEY, ANNOUNCED THAT
(805) TWE SLANDER SUIT OF HYMAN VS MATTLY HAS BEEN SETTLED. THE BOARD
AUTHORIZED $45,000 TO BE PAID TO THE PLAINTIFF, AND MR. MATTLY WILL
MAKE APOLOGIES THROUGH THE MEDIA.)
Regular Agenda
85-5b6 Presentation by Patricia A. Long, United Way of Butte County executive
(842} director, requesting permission to allow United Way to distribute
campaign brochures to county employees.
Motion: PERMISSION GRANTED.
S M
Vote: i Y 2 Y 3 Y 4 Y 5 Y {Unanimously carried)
Page 132
September 17, 1985
85-567 Report by Chief Administrative Officer on urgency ordinance detailing
(890) layoffs of the Sheriff's Department; authorization to allow the Auditor
to pay salaries until ordinance takes effect; and ratify sending
of layoff notices (from 9/10/85).
Motion: ADOPTED URGENCY ORDINANCE 2486.
M S
Vote: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
85-568 Report from Public Works Director on leasing of county-owned property
(1080} at Troxei and Duncan Roads. (NO ACTION TAKEN.)
85-569 Report from Public Works Director on federally funded high hazard
(1237) elimination safety projects.
Motion: APPROVED BUDGET TRANSFER OF $18,000 FROM THE ROAD CONTINGENCY
TO COVER COUNTY'S TO% SHARE OF THE PROJECT; AUTHORIZED PUBLIC
WORKS TO PROCEED WITH PRELIMINARY ENGINEERING ON OTHER SAFETY
PROJECTS; ADOPTED RESOLUTION 85-148 AUTHORIZING EXECUTION
OF PROGRAM SUPPLEMENT NO. 39.
S M
Vote: 7 Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried}
85-570 Addendum to Planning Director's report on the Tyme Mai du Tribe - Berry
(1452) Creek Rancheria proposed land acquisition. (ACCEPTED FOR INFORMATION.)
Recess: 10:04 a.m.
Reconvene: 10:25 a.m.
85-571 Consideration of county economic development policy (Supervisor Mclnturf}.
(1589)
Motion: REFERRED TO ECONOMIC DEVELOPMENT COMMITTEE.
M S
Voter l Y 2 Y 3 Y 4 Y 5 Y {Unanimously carried)
Public Hearings and Timed Items
85-572 Butte County Planning Commission - hearing for the purpose of
(1gg2) developing land use planning policies for the Cahasset/Forest Ranch
Planning Area Committee. Hearing is to be based upon the report
prepared by the Cohasset/Forest Ranch Planning Area Committee on
the following: environmental constraints (from 6/4/85) (CONTINUED
OPEN TO OCTOBER 1, 1985, AT 10:30 A.M.).
Page 133
September T7, 1985
85-573 Drake/Isom - appeal of the Planning Commission's denial of a rezone
{3063) {item on which a supplement to a previously certified EIR is being
** used) from R-2 (general} and S-H (scenic highway) to R-C {resource
conservation} and either A-R (agricultural residential), R-SR
{agricultural suburban residential), SR-1/2 (suburban
residential - 1/2-acre parcels) on property located on the east side
of Humboldt Raad, five miles northeast from Highway 99E, property
identified as AP 46-35-04, 23, 46-171-17, T8 (portion), Chico (from
7/2/85 - for the purpose of setting another hearing). (CONTINUED
TO NOVEMBER 79, 1985, AT 11:00 A. M. FOR THE PURPOSE OF SETTING ANOTHER
HEARING.)
85-574 Formation of County Service Area No. 95 - the Butte County Local
(118) Agency Formation Commission has approved the formation of County
Service Area No. 95 (Copley Acres Unit No. 3 - storm drainage).
In order to form the county service area, a public hearing must be
herd.
Motion: ADOPTED RESOLUTION 85-149 FORMING CSA 95.
S M
Vote: T Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried}
Regular Agenda-
85-575 Report from Planning Director on letter of Erna Hawkins regarding
(161) the operation of a body shop in an L-1 (limited industrial) zone.
(REFERRED TO COUNTY COUNSEL TO DETERMINE IF IT IS A PUBLIC NUISANCE;
ASKED SUPERVISOR WHEELER TO MAKE HER FILE AVAILABLE; ASKED AIR
POLLUTION CONTROL FOR AN UPDATED REPORT.)
85-576 Pursuant to Government Code Section 65358 consideration of initiating
(323) an amendment to the General Plan for the Ron Merlo project
(Supervisor Wheeler). (NO ACTION TAKEN.)
Public Hearings and Timed Items
85-577 Butte County Board of Supervisors - amendment {item determined to
(555) be categorically exempt from environmental review) to the Butte County
Code adding Section 24-37.65 Restoration of Nonconforming Buildings
or Structures.
Motion: NOTED THAT THE PROJECT IS CATEGORICALLY EXEMPT FROM
ENVIRONMENTAL REVIEW; ADOPTED ORDINANCE 2487 AMENDING THE
BUTTE COUNTY CODE SY ADD.ING SECTION 24-37.65 TO READ AS
FOLLOWS: "§24-37.65 RESTORATION OF NONCONFORMING BUILDINGS
OR STRUCTURES. A NONCONFORMING BUILDING OR STRUCTURE WHICH
DOES NOT CONFORM TO THE REQUIRED SIDE YARD, REAR YARD OR
Page 134
September 17, 1985
85-577
(Cont'd) STREET SETBACK AREAS, WHICH IS DEMOLISHED, DAMAGED, OR
DESTROYED TOTALLY OR IN PART, MAY BE RESTORED TO A TOTAL
FLOOR AREA OR TO THE SAME EXTENT AS THE ORIGINAL ONLY UPON
SECURING A USE PERMIT PURSUANT TO SECTION 24-43."
M S
Vote: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
Regular Agenda
85-578 Discussion of setting hearing on General Plan amendments for
(fi53) November 19, 1985. {CHAIRMAN SET IEEARING DATE FOR NOVEMBER 19, 1985,
AT 2:00 P.M.)
Recess: 11:28 a.m.
Reconvene: 11:37 a.m.
Public hearings and Timed Items
85-579 Butte County Planning Commission - proposed negative declaration
{750) regarding environmental impact and code amendment to the Butte County
Code to rename Section 24-66 A-2 (general) to U (unclassified),
renumber the section to 24-195 and revise the wording.
Motion: FOUND THAT THE REQUIREMENTS OF CEQA HAVE BEEN MET AND ADOPTED
A NEGATIVE DECLARATION REGARDING ENVIRONMENTAL IMPACT; FOUND
THAT THIS ZONING ORDINANCE AMENDMENT CONFORMS TO THE BUTTE
COUNTY GENERAL PLAN; ADOPTED ORDINANCE 2488 AMENDING TWE
CODE TO RENAME A-2 TO U, AND REVISE THE WORDING AS PROPOSED
BY THE PLANNING COMMISSION.
M S
Vote: l Y 2 Y 3 N 4 Y 5 Y (Unanimously carried)
85-580 Lippincott-Guth Associates - on behalf of W. D. Van Aistyne, appeals
(1485) the Advisory Agency's denial of tentative parcel map (proposed negative
declaration regarding environmental impact), AP 5fi-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.
Motion: FINDING THAT NO DATA HAS BEEN PRESENTED THAT SHOWS THAT
THIS PROJECT WILL SUBSTANTIALLY INTERFERE WITH THE MOVEMENT
OF MIGRATORY OR RESIDENT WILDLIFE OR THAT THIS PROJECT WILL
SUBSTANTIALLY REDUCE WILDLIFE HABITAT, FINDING THAT THIS
PROJECT CONFORMS TO THE BUTTE COUNTY GENERAL PLAN AND ZONING,
I MOVE TO ADOPT A NEGATIVE DECLARATION OF ENVIRONMENTAL
Page 135
September 17, 1985
85-580 IMPACT FOR THE W.D. VAN ALSTYNE TENTATIVE PARCEL MAP ON
(Cont'd) AP 56-41-17, FINDING THAT THE PROJECT WILL NOT HAVE A
SIGNIFICANT IMPACT ON THE ENVIRONMENT, DOTING THE ABOVE
i WOULD MOVE TO UPHOLD THE APPEAL OF THE ADVISORY AGENCY`S
DENIAL OF THIS PROJECT AND APPROVE THTS PROJECT SUBJECT
TO THE CONDITIONS STATED ON THE MEMO FROM DEPARTMENT OF
PUBLIC WORKS DATED SEPTEMBER 10, 1985.
M
Vote : 1 2 3 4 5
(MOTION DIES FOR LACK OF A SECOND}
Motion: DENIED PROJECT BASED ON INCOMPATIBILITY WITH THE GENERAL
PLAN POLICIES.
S M
Vote: l Y 2 Y 3 N 4 Y 5 Y {Motion carried)
Closed Session: The Soard recessed at T2:17 p.m. fora closed session
on Midway Qrchards litigation, three workers
compensation cases (James Lancaster, Jonathan Myers
and Richard Bush) and a personnel matter.
Reconvene: The Board reconvened at 1:38 p.m. (NO ANNOUNCEMENTS)
85-581 Recognition of persons wishing to speak:
{2011)
1. Jo Terry - introduced Kay Schwartz, newly hired literacy
coordinator.
2. Steve Baker - requested Board action on Certificate of Completion
on the closeout of the county's 1982 grant.
Motion: AUTHORIZEp CHAIRMAN TO EXECUTE THE DOCUMENTS AND FORWARD
TO THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT.
S M
Vote: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
3. Nina Lambert - invited Board to attend County Planning
Commissioners meeting in Chico.
4. Bud James - objected to the one-year limit placed on his cement
car cleaning operation at the last meeting.
Motion: ALLOWED CEMENT CAR CLEANING AS RLLOWED UNDER THE STIPULATION
BETWEEN COUNTY, SOUTHERN PACIFIC AND JAMES BROTHERS BOXCAR
CLEANING OPERATIONS.
S M
Vate: 1 Y 2 Y 3 Y 4 Y 5 Y {Unanimously carried}
5. JoAnn Townsend - introduced herself as a member of the Grand
Jury and informed the Board she would be attending Soard meetings.
Page 136
September 17, 1985
85-582 RFC Surveyors - on behalf of Gary Jacobs, appeals the Planning
(2525} Commission's denial of rezone (proposed negative declaration regarding
~*~ environmenta7~review) from PA-C (planned area cluster) to S-R (suburban
residential) and PUD (planned unit development} far a 33-unit
residential subdivision and a variance by a1T residents on property
located on the east side of Alamo Avenue, 220 feet south of East
Avenue, identified as AP 42-07-38, Chico (File 85-46).
Motion: REOPENED HEARING AND CONTINUED TO OCTOBER 15, T985, AT
1:45 P.M.
M S
Vote: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried}
85-583 County Service Areas - in order to levy service charges in the various
(384) county service areas which provide a major source of revenue for
those districts it is necessary to accomplish several prerequisite
steps.
Motion: ADOPTED RESOLUTION 85-150 CONFIRMING SERVICE CHARGES.
M S
Vote: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
85-584 Paradise Evangelical Free Church - appeals the
(554) approval of use permit to allow a church and
negative declaration regarding environmental
zoned ARMH-T (agricultural residential - mobile h
property located on the west side of Pentz
identified as AP 55-29-21, south of Paradise.
Planning Commission's
facilities (proposed
impact) on property
ome, one-acre parcels)
Road at Arden Way,
Motion: FOUND THAT THE REQUIREMENTS OF CEQA HAVE BEEN COMPLETED
AND CONSIDERED; ADOPTED A NEGATIVE DECLRRATION. FOUND THAT
THE PROJECT COMPLIES WITH BUTTE COUNTY CODE SECTIONS 35-24-35,
43, 94 AND 7T3, SPECIFICALLY THAT THE PROPOSED CHURCH WILL
NOT IMPAIR THE INTEGRITY AND CHARACTER OF THE AR-MH--l AND
H-C ZONES AND THAT THE USE WOULD NOT BE UNREASONABLE
INCOMPATIBLE WITH OR INJURIOUS TO SURROUNDING PROPERTIES
OR DETRIMENTRL TO THE HEALTH AND GENERAL WELFARE OF THE
PERSONS RESIDING OR WORKING IN THE NEIGHBORHOOD OR TO THE
GENERAL HEALTH, WELFARE AND SAFETY OF THE COUNTY. APPROVED
THE PROPOSED USE PERMIT TO ALLOW A 7,250 SQUARE FOOT CHURCH
ON AP 55-29-21, PARADISE EVANGELICAL FREE CHURCH, SUBJECT
TO THE CONDITIONS LISTED ON COUNTY PLANNING MEMO DATED
SEPTEMBER 4, 1985, AMENDING ITEM 5 TO REFLECT THE LANGUAGE
PROPOSED IN THE LETTER FROM THE APPLICANT DATED AUGUST 28,
T 985.
S M
Uote: 7 Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
Page l37
September 17, 7985
85-585 Interpretation of ordinance as it relates to conditional PA-C zoning
(772) land trust {Supervisor Wheeler).
Recess: 3:T0 p.m.
Reconvene: 3:21 p.m.
Motion: FOUND THAT THE APPLICANT HAS ONE YEAR FROM THE TIME OF THE
FILING OF THE FINAL MAP TO BRING FORWARD THE LAND TRUST.
MOVED THAT THE BOARD HOLD A PUBLIC HEARING IN FOUR MONTHS
TO REVIEW THE TRUST FOR PUBLIC LANDS AS PRESENTED BY THE
APPLICANT.
S M
Vote: T Y 2 Y 3 Y 4 Y 5 Y (Unanimous1y carried)
Public Hearings and Timed Items
85-586 Ron Graves and Associates - on behalf of Dara Leonard, appeal the
(1706} Advisory Agency's denial of tentative parcel map {proposed mitigated
negative declaration regarding environmental impact), AP 71-0]-97,
four parcels, property located on the east side of Deer Meadow Road
and on the north side of Dounacountre Lane, Bald Rock area.
Motion: FINDING THIS PROJECT DOES NOT CONFORM TO THE BUTTE COUNTY
GENERAL AND WILL HAVE AN AVOIDABLE IMPACT ON WILDLIFE, DENIED
APPEAL OF THE ADVISORY AGENCY'S DENIAL OF THE TENTATIVE
PARCEL MAP, DORA LEONARD, AP 71-01-97.
M S
Vote: T Y 2 Y 3 N 4 Y 5 Y (Motion carried)
85-587 Presentation by City of Biggs regarding closure of the Biggs Fire
(2365) Station.
Motion: CONTIPlGENT ON PASSAGE OF AB 340, MOVED TO REOPEN BIGGS FIRE
STATION FOR THIS FISCAL YEAR AND RE-EVALUATE AT THE BUDGET
HEARINGS NEXT YEAR.
S M
Vote: 1 2 3 4 5
Amendment to Motion: MOVED THAT THE MOTION BE AMENDED TO THIS: THAT
THE MONEY THAT'S FOR THIS FISCAL YEAR BE USED
TO FUND THE BIGGS STATION UNTIL THE END OF
THE CALENDAR YEAR TO GIVE US TIME TO WORK OUT
AN ORGANIZATIONAL PLAN WITH CHIEF TEIE FOR
SOME COMBINATION OF PATD STAFF AND VOLUNTEER
STAFF.
S M
Vote: T Y 2 Y 3 N 4 N 5 N (Motion faired)
Page 138
September 17, 1985
85-587
(Cont'd) Vote on
Motion: T Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
*~~*
Motion: CONTINGENT ON PASSAGE OF AB 340, MOVED TO REOPEN BANGOR
EIRE STATION FOR THIS FISCAL YEAR AND RE-EVALUATE RT THE
BUDGET HEARINGS NEXT YEAR.
M S
Vote: T Y 2 Y 3 Y 4 Y 5 Y {Unanimously carried)
(TESTIMONY REGARDING LEGISLATIVE SILLS RECEIVED FROM
ASSEMBLYMAN WALLY HERDER. TESTIMONY REGARDING BIGGS AND BANGOR FIRE
STATIONS RECEIVED FROM SEVERAL CITIZENS.)
Recess: 5:05 p.m.
Reconvene: 5:17 p.m.
85-588 Additional item.
1. Martin Nichols requested the Board set a public hearing on the
Solid Waste Management Plan.
Motion: SET HEARING DATE FOR OCTOBER 1, 1985, AT 11:45 A.M.
S M
Vote: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
Regular Agenda
8,5-589 Consideration of requesting Attorney General's opinion on a question
relating to conditions of temporary school fees (Supervisor Wheeler).
Motion: REQUESTED COUNTY COUNSEL TO REFER TO THE ATTORNEY GENERAL
THE QUESTION PROPOSED IN SUPERVISOR WHEELER'S MEMO OF
SEPTEMBER 10, 1985 AS IT PERTAINS TO RESIDENTIAL DEVELOPMENT
SCHOOL FEES, SENDING ALONG THE COUNTY'S FINDINGS AND THE
FINDINGS OF THE SCHOOL DISTRICT.
PI S
Vote: T N 2 N 3 Y 4 Y 5 Y (Motion carried)
85~-590 Consideration of adopting policy position that agricultural production
(243$} processing be limited to those products or by-products that are
produced on the subject property (Supervisor Wheeler) {NO ACTION
TAKEN) .
85-591 Discussion of agenda for joint meeting with Planning Commission (from
(2698) 6/4/85) (NO ACTION TAKEN).
Page 139
September 77, 1985
(SUPERVISOR WHEELER ABSENT AT THIS TIME.)
85-592 JTPA PIC appointment - nominations have been made by the Gridley
(2835) Chamber of Commerce far appointment to the Gridley private business
seat on the Private Industry Council.
Motion: APPOINTED RMY SPENCER-PENNINGTON.
S M
Vote: T Y 2 Y 3 AB 4 Y 5 Y (Unanimously carried)
{SUPERVISOR WHEELER PRESENT AT THIS TIME.)
85-593 Report from County Counsel regarding legal description of tax-deeded
(2923) property of Joe and Cindy Schons {from 8/20/85) {CONTINUED TO
*,~**~ OCTOBER 1 , l 985) .
85-594 Report from Water Commission on coordinating operating agreement
(355) between the EI.S. Bureau of Reclamation and State Department of Water
Resources and Senate Bi17 210 (Ayala), the Water Quality Bond Act
of 1986. (INFORMATION ONLY)
85-595 Report from Chief Administrative Officer on Chico issues (land use
agreement and transportation committees) .
Motion: REQUESTED CHIEF ADMINISTRATIVE OFFICER TO WRITE TO CITY
OF CHICO: (1) THAT THE BOARD IS WILLING TO MEET ON RESOLVING
THE LAND USE AGREEMENT AS SOON AS IT IS FEASIBLE, BUT TO DO
IT BEFORE THE PLANNING COMMISSION HAS HAD A REVIEW IS
INAPPROPRIATE. (2} WHENEVER THEY WANT TO SET UP AN
INTERGOVERNMENTAL COMMITTEE TO TALK ABOUT DISBANDING THE
COUNTY-WIDE COMMITTEE AND GIVING IT TO CHICO, BOARD WOULD
BE MORE THAN WILLING TO SHOW UP; AND, (3) WHAT ,HAPPENED
TO BOARD'S MONTH-LONG REQUEST TD MEET TO HAVE A DIALOGUE
AND THOROUGH DISCUSSION ON MUNICIPAL AFFAIRS AGREEMENT,
AND IS THERE SOME REASON WHY THEY ARE MORE WILLING TO MEET
WITH THE ASSOCIATION OF CITIES TO DISCUSS TWAT DOCUMENT
THAN BOARD OF SUPERVISORS.
M S
Vote: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
85-596 Consideration of resolution {financial stabilization) for CSAC annual
(589) meeting.
Motion: AUTHORIZED THIS AS BUTTE COUNTY'S RESOLUTION, ALONG WITH
ATTACHED NEEDS STATEMENT,
M S
Vote: l Y 2 Y 3 Y 5 Y (Unanimously carried)
85-597 Selection of CSAC Board of Directors' members of 1986
(620) (SUPERVISOR WHEELER DESIGNATED AS MEMBER).
Page 140
September 77, 1985
85-598 Consideration of maintaining membership in Northern California Counties
(654) Supervisors Association (Supervisor Wheeler).
Motion: TO REINSTATE MEMBERSHIP IN NORTHERN SUPERVISORS ASSOCIATION,
WITH MONEY FOR DUES COMING FROM SUPERVISOR WHEELER'S EXTRA
HELP FUND.
M
Vote : 7 2 3 4 5
(MOTION DIED FOR LACK OF A SECOND)
8 5599 Drafting of responses to 1984-85 Final Report of the Butte County
(898 ) Grand Flury.
Motion: REFERRED TO SUPERVISORS DOLAN AND WHEELER TO DRAFT RESPONSES.
M S
Vote: 7 Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried}
85~-600 Report from Chief Administrative Officer regarding legislation.
{982} (CONTINUED TO OCTOBER 7, 19$5.)
85-601. Report on committee vacancies.
Motion: APPOINTED LYNN VANHART TO MOSQUITO ABATEMENT DISTRICT TO
FILL THE UNEXPIRED TERM OF MR. TIDWELL.
M S
Vote: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
Motion: APPOINTED TOM WILSON TO BUTTE COUNTY COMMISSION ON AGING,
AND ASKED THAT THAT COMMISSION TO BE CONVENED.
S M
Vote: l Y 2 Y 3 Y 4 Y 5 Y {Unanimously carried)
Recess: The Board recessed at 6:22 p.m. to set as the Air Pollution
Control District Board of Directors.
Reconvene: The Board reconvened at 6:24 p.m.
85-602 Additional items from Board members:
(7 25O)
7. Supervisor McInturf - reported on an illegal woodcutting operation
on Oakvale Avenue.
Motion: AUTHORIZED LEGAL COUNSEL TO PURSUE THIS MATTER BY WHATEVER
MEANS NECESSARY TO PUT A STOP TO THIS ILLEGAL USE.
M S
Vote: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried}
Page 141
September 17, 1985
85-602
(Cont'd) 2. Supervisor Dolan - late appeal of a condition on the following
matter: Melinda Seif, Celeste Wolf and Virginia Wolf - tentative
parcel map, AP 42-75-08, 2 parcels on the south side of Sacramento
Rvenue, approximately 250 feet west of its intersection with
Westmount Drive, Chico area.
Motion: GRANTED LATE APPEAL, FINDING THEY DIG NOT KNOW THE PROCESS
AND SET HEARING [LATE FOR NOVEMBER 5, 1985, AT 11:00 A.M.
M S
Vote: T Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
3. Supervisor Dolan - reported on an erosion problem on Lindo Channel.
4. Supervisor Wheeler - requested the Board to review her memo from
the Water Task Force and asked that it also be submitted to the
Water Commission.
5. Supervisor Wheeler - commented on the handicap ramp at her office
building and the Veterans Building.
6. Supervisor Wheeler - requested permission to go to the Water
Commission and diSCU$$ possibTity of setting up meeting with
them, CAO, and County Counsel regarding feasiblity of water
trading.
7. Supervisor Wheeler - requested official statement from County
Counsel regarding life estates, and whether they are legal parcels.
8. Supervisor Dolan - requested Board initiate an abandonment of
an easement that runs across two properties an Gwynn Bridge Court.
Motion: SET WEARING DATE FOR NOVEMBER 5, 1985, AT 17:30 A.M. ON
ABANDOPIMENT OF THE EASEMENT TO THE LINDO CHANNEL AT GUYNN
BRIDGE, A 3-1/2 FOOT STRIP.
M S
Vote: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
Closed Session: The Board recessed at 6:38 p.m. on Midway Orchards
litigation.
Reconvene: The Board reconvened at 6:40 p.m. (NO ANNOUNCEMENTS.)
Adjournment: There being nothing further before the Board at this
time the meeting was adjo ned at 6:40 p.m.
ATTEST: Cha' B d o pervisars
MARTIN J. NICHOLS, Chief Administrativ
Officer and Clerk of the Board
By:
~ P a e 14
September 17, 1985