HomeMy WebLinkAboutM111985
November l9, 1985
Cal] to order - Board of Supervisors room, County Administration
Building, 25 County Center Drive, Oroville.
Present: Supervisors Dolan, McInturf, McLaughlin, Wheeler and
Chairman Fulton; Martin J. Nichols, chief administrative officer;
Harvey Wallace, deputy county counsel; and Rubye Townsley, deputy
clerk of the Board.
Pledge of allegiance to the Flag of the United States of America.
$~~~09 Additional items from Board members to be addressed at the end
(( of the day.
1. Supervisor Wheeler - agenda for Forest Ranch meeting.
2. Supervisor Wheeler - proposal for a residential commercial
area in Chico.
3. Supervisor Wheeler - brief report on CSAC.
4. Supervisor McLaughlin - Municipal Affairs Agreement with
cities.
5. Chairman Fulton -additional items to be added to the agenda:
{a) Revenue Sharing - Statement of Assurances
{to be added to Consent Rgenda)
{b) Election Code 23520 appointments
{to be added to Regular Agenda).
Page 194
85-770 Items removed from the Consent Agenda:
(109)
7. Appointments to Durham Mosquito Abatement District.
2. John M. Edwards, attorney at law - on behalf of
Sharon Neukirchner, files a claim in the amount of $7,500
for alleged injuries resulting from her arrest by City of
Gridley police officers on July 27, 1985.
85-771 Consent Agenda
(125}
7. Budget transfers. APPROVED BUDGET TRANSFERS B--72, B-74,
8-77, AND B-79.
2. Barnhart-Brown and Associates - on behalf of Big Palley
Chemical Company, appeal the Advisory Agency's denial of
tentative parcel map (proposed mitigated negative declaration
regarding environmental impact), AP 24-11-76, three parcels,
property located on the south side of Nielson Road,
approximately 400 feet east of its Intersection with
Highway 99, Gridley area. SET HEARING DATE FOR DECEMBER 3,
1985 AT 2:30 P.M.
3. Louisiana Pacific Corporation - proposed negative declaration
and rezone from TPZ-160 {timber preserve zoning - l60 acre
parcels) to TM-20 (timber mountain 20 acre parcels) for
property located on the north side of Retson Road,
approximately 600 feet southeast of Laurel Street, identified
as AP 59-05-15, 59-06-20, Stirling City. SET HEARING DATE
FOR DECEMBER T7, 1985 AT 71:30 A.M.
4. Butte County Planning Commission - setbacks in nonconforming
substandard lots (referral from Board of Supervisors). SET
HEARING DATE FOR DECEMBER 17, 1985 AT 2:00 P.M.
5. Appointments to Oroville Mosquito Abatement District. APPOINTED
HAROLD KROEGER AND FRANK WALBURN TO SERVE UNTIL DECEMBER 37,
1987.
6. Paradise Memorial Hall Committee. APPOINTED JAMES HURST,
DELEGATE, AND MANUEL S. BACA, ALTERNATE, REPRESENTING DISABLED
AMERICAN VETERANS, PARADTSE CHAPTER NO. 706, TO SERVE UNTIL
DECEMBER 31, 7986.
Page 195
November 19, 1985
85-7T1 ~, Final map - Fourteen Mile House PUD - the developer has
(Cont'd} provided letters of credit to guarantee construction of
improvements and maintanance of facilities for a period of
one year starting an completion of construction for the project
containing 25 building lots, one agricultural lot and a common
area, AP 63-01-02, located on the east side of Highway 32,
at Fourteen Mile House, Forest Ranch area. ACCEPTED DEPOSIT
BY DEVELOPER FOR TAXES OR SPECIAL ASSESSMENTS WHICH ARE A
LIEN BUT NOT YET DUE OR PAYABLE; APPROVED THE FINAL MAP;
ACCEPTED GRANT IN FEE SIMPLE FOR PARCELS "A" AND "B" AS OFFERED
IN ITEMS "A" AND "B" OF THE OWNER'S CERTIFICATE; AND AUTHORIZED
THE CHAIRMAN TO SIGN THE SUBDIVISION AGREEMENT.
8. Final map - Parkside Estates Subdivision - the developer
has provided a letter of credit to guarantee maintenance
of facilities for a period of one year starting November 19,
1985 on the eight--lot subdivision, AP 46-31-21 & 35, located
on the south side of Centennial Avenue, X00 feet east of
Rhondo Court, Chico area. ACCEPTED DEPOSTT BY DEVELOPER
FOR TAXES OR SPECTAL ASSESSMENTS WHICH ARE A LIEN BUT NOT
YET DUE OR PAYABLE; APPROVED THE FINAL MAP; ACCEPTED EASEMENTS
AS GRANTED IN ITEMS "A ," "B," "C," AND "D" OF THE OWNER'S
CERTIFICATE ON BEHALF OF THE PUBLIC; ACCEPTED GRANT IN FEE
SIMPLE FOR CENTENNIAL AVENUE A5 OFFERED iN ITEM "E" OF THE
OWNER'S CERTIFICATE; AND AUTHORIZED THE CWAIRFIAN TO SIGN
THE SUBDIVISION AGREEMENT.
9. Dane A. Cameron, attorney at law - an behalf of
Penny Kay Lucas, files a claim in the amount of $100,000
as a result of alleged injuries and damages resulting from
her arrest on or about July 21, 1985. REJECTED CLAIM RND
REFERRED TO COUNTY COUNSEL AND RISK MANAGEMENT COORDINATOR.
10. M. Melanie Howell, attorney at law - on behalf of
Mr. and Mrs. Gunter and Renate Ranft, fires a claim in the
amount of $T00,000 as a result of alleged injuries and damages
incurred as a result of an investigation by state and county
officers in the campaign against marijuana planting (CAMP),
on August 5, 1985. REJECTED CLAIM AND REFERRED TO COUNTY
COUNSEL AND RISK MANAGEMENT COORDINATOR.
11. Claude Barnes, Chico - files a claim in the amount of $100,000
as a result of alleged injuries and damages incurred on or
about June 15, 1985 during his' arrest in Chico. REJECTED
CLAIM AND REFERRED TO COUNTY COUNSEL AND RISK MANAGEMENT
COORDINATOR.
12. Fred B. Ithurburn, attorney at law - on behalf of
Jacqueline Crowley, a minor, by Bonnie Crowley, guardian,
files an application to file late claim and claim in the
amount of $350,000 as a result of alleged injuries sustained
on or about April 19, 1985 in an automobile accident on
Lincoln Boulevard, near Mi7T Street in Oroville. DENIED
APPLICATION TO FILE LATE CLAIM AND CLAIM.
Page T96
November T9, 1985
85-717
(Cont'd) 13. Ordinance adding Section 12-23 to the Butte County Cade
regarding concealed weapon license applications. WAIVED
THE SECOND READING AND ADOPTED ORDTNANCE 2498,
74. Ordinance adding Section 21-19.1 to Article III, Chapter 21,
of the Butte County Code to require Assessor's parcel numbers
on specified documents, WAIVED THE SECOND READING AND ADOPTED
ORDINANCE 2499.
15. Workfare (GAIN) Program - the salary ordinance creates three
new positions for the Welfare Department to begin development
of the County Workfare Program. WAIVED THE FIRST READING
OF THE ORDINANCE.
16. Salary ordinance amendment - the amendment reorganizes the
District Attorney's staff, consolidates the Sheriff's budget
units, adds two vocational assessment positions to BCET,
combines two Library part-time positions to a single position
and flexibly staffs a variety of departmental jobs at no
wage increase. WAIVED THE FIRST READING OF THE ORDINANCE.
17. Status of investments - the Treasurer submits the October 1985
report in accordance with AB 7023 and county's investment
policy. ACCEPTED FOR INFORMATION.
18. Open Space Subvention Act report - a resolution has been
prepared changing the authorized representative to submit
Open Space Subvention Act reports from the Auditor to the
Assessor. ADOPTED RESOLUTION 85-188 AllTHORIZING THE ASSESSOR
TO FILE OPEN SPACE SUBVENTION ACT CLAIMS AND AUTHORIZED
THE CHAIRMAN TO SIGN.
19. 1985-8fi SB-325 and SB-b20 transit project claim - the claim
for funds continues the current transportation projects
operating in Butte County, including Butte County Transit,
Orovil7e Area Transit, Chico Area Transit, Chico Clipper,
Oroville Express and the subsidized taxi ticket exchange
program, all of which are addressed in the current year's
budget. APPROVED CLAIM AND AUTHORIZED THE DIRECTOR OF PUBLIC
WORKS TO SIGN.
20. 7985-86 Child Protective Services agreements - agreements
have been prepared to provide for counseling and/or evaluation
necessary in providing protection for children at risk,
each being in the amount of $9,950: Sally Gjestsan, Step
TT Ps chalo ica7 Services, and Louis Nuernberger. APPROVED
AGREEMENTS R~D AUTHORIZED THE CHAIRMAN TO SIGN.
2T. Psychological testing - a contract has been prepared with
Occupational Uea7th Services of Oakland to perform
pre-employment psycho7ogicaT testing of peace officer
candidates covering the period November 1, 1985 through
dune 30, 7988 in the amount of $725 per test. APPROVED
CONTRACT AND AUTHORIZED THE CHAIRMAN TO SIGN.
Page 197
November 19, 1985
85-711
(Cant'd) 22. Maternal, Child, and Adolescent Health Plan - the plan
update covering fiscal year 1986-87 has been prepared
according to state guidelines and has been reviewed by the
Community Maternal, Child and Adolescent Health Advisory
Board and proposes a basic continuation of existing services.
AUTHORIZED THE CHAIRMAN TO SIGN THE PLAN AND APPROVED
SUBMISSION TO THE STATE.
23. 1985-8fi County Health Services Pian and Budget - the plan
and budget have been prepared for submission to the State
Department of Health Services in accordance with
Section 16700-16713 of the Welfare and Institutions Code
and includes a net county cost of $1,904,234, representing
a reduction of $36,364 from the previous year. APPROVED
THE 1985--86 COUNTY HEALTH SERVICES PLAN AND BUDGET; AUTHORIZED
THE CHAIRMAN TO SIGN THE CERTIFICATION OF THE PLAN RND BUDGET;
SET A HEARING DATE FOR DECEMBER ]7, 1985, AT 2:30 P.M. TO
DETERMINE IF THE REDUCTION AND NET COUNTY COST WILL BE
DETRIMENTAL TO THE HEALTH NEEDS OF THE PUBLIC OR IMPAIR
THE COUNTY'S ABILITY TO CARRY OUT THE COUNTY HEALTH SERVICES
PLAN; AND AUTHORIZED THE HEALTH OFFICER TO SUBMIT THE PLAN
AND BUDGET TO THE STATE ON BEHALF OF THE COUNTY.
24. Marijuana crime prosecution {SB 1130) - a resolution has
been prepared authorizing the District Attorney to submit
a grant agreement application with the State Office of
Criminal Justice Planning (OCJP) to provide $89,000 financial
assistance for prosecution of crimes involving marijuana.
ADOPTED RESULLiTION 85-i89 AND AUTHORIZED THE CHAIRMAN TD
SIGN.
24. Amendment No.
(85-ST8G-138) -
of $136,128 inc
for additional
Center repair.
THE CHAIRMAN TO
1 - community Development Slock Grant
the amendment in. the increasing amount
reases the grant in total to $420,000 providing
mousing rehabilitation and Work Training
APPROVED GRANT AMENDMENT AND AUTHORIZED
SIGN.
25. a. Sportsmen for Equal Access - writes recommending that
all further prosecution and enforcement of Fish and Game
Code Section 201fi, as it applies to navigable waters of
tme state, be discontinued. ACCEPTED FOR INFORMATION AND
REFERRED TO DISTRICT ATTORNEY, SHERIFF, AND COUNTY COUNSEL.
b. Senator Pete Wilson - the senator forwards information
concerning compromises reached in the Fair Labor Standards
Act via S. 1570. ACCEPTED FOR INFORMATION.
Page 198
November 19, 1985
$5-711
(Cont'd)
26. Revenue Sharing - Statement of Assurances - the Board of
Supervisors Approval is necessary to enable the release
of revenue sharing funds for Entitlement Period 17 (October 1,
1985 - September 30, 7986}, APPROVED STATEMENT OF ASSURANCES
AND AUTHORIZED THE CHAIRMAN TO SIGN.
Motion: APPROVED CONSENT AGENDA.
S M
Vote: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried}
Regular Agenda
85-712 Appointments to Durham Mosquito Abatement District. (CONTINUED
(153} TO DECEMBER 17, 1985.)
85-713 Bohn M. Edwards, attorney at law - on behalf of
Sharon Neukircfiner, files a claim in the amount of $7,500 for
alleged in,~uries resulting from her arrest by City of Gridley
police officers on July 27, 1985.
Motion: REJECTED CLAIM AND REFERRED TO COUNTY COUNSEL AND RISK
MANAGEMENT COORDINATOR.
S M
Vote: 7 Y 2 Y 3 Y 4 Y 5 Y (llnanimous7y carried}
85-714 Report from Chief Administrative Officer on County 1986 Legislative
(794) Program.
Motion: ADOPTED LEGISLATIVE PROGRAM.
S M
Vote: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried}
85-715 1985-86 first quarter financial status report - Auditor-Controller
(635} and Chief Administrative Officer. (INFORMATION ONLY.}
Recess: 10:06 a.m.
Reconvene: 10:28 a.m.
Page 199
November 79, 7985
Public Hearings and Timed Items
85-716 Report from Public Health Director and County Counsel on smoking
(1982} control legislation in Butte county (from 10/15/85).
**
OO Motion: TO ADOPT AN ORDINANCE ON A 6-MONTH TRIAL BASIS.
M
Uote: 1 2 3 4 5
{MOTION DIFS FOR LACK OF A SECOND.}
Motion: ADOPTED RESOLUTION 85-19D SUPPORTING THE RIGHT TO A
SMOKE-FREE ENVIRONMENT AND ENCOURAGING THE ESTABLISHMENT
OF NON-SMOKING SECTIONS IN ALL PUBLIC PLACES. REFERRED
ORDINANCE TO CITIES TO DETERMINE IF THEY CONCUR.
S M
Vote: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
85-717 Appearance by Senator Jim Nielsen. (PRESENTATION BY CHAIRMRN
{1126) FULTON TO SENATOR NIELSEN OF RESOLUTION 85-187 IN APPRECIATION
OF HIS EFFORTS IN ASSISTING BUTTE COUNTY IN ITS FINANCIAL PLIGHT
DURING THE 1985 LEGISLATIVE SESSION.)
Recess: 1]:40 a.m.
Reconvene: 11:54
85--778 Continued hearing - Drake/Isom - appeal of the Planning
Commission's denial of a rezone (item on which a supplement to
a previously certified EIR is being used} from A-2 (general}
and S-H (scenic highway) to R-C (resource conservation) and either
A-R (agricultural residential}, A-SR {agricultural suburban
residential), SR-1/2 (suburban residential l/2 acre parcels}
on property located on the east side of Humboldt Road, five miles
northeast from Highway 99E, property identified as AP 46-35-04,
23, 46-171-17, 18 (portion), Chico (from 9/17/18 for the purpose
of setting another hearing) (File 83-50) (SET lfEARING DATE FOR
DECEMBER 17, ]985 AT 2:30 P.M.}
85-7i9 buy Rents, Inc., et al - proposed negative declaration and rezone
(1671) from C-1 {light commercial} to M-1 (light industrial} for property
located at the southeast corner of W. 8th Avenue and Highway 32,
identified as AP 43-19-07, Chico (File 85-58).
Motion: ADOPTED ORDINANCE 2500 APPROVING REZONE.
S M
Vote: 7 Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
Page 200
November l9, 1985
85-720 Dennis Goslin - proposed negative declaration regarding
(2009) environmental impact and use permit to allow a ceramic studio
as a school on property zoned 5-H (scenic highway) located on
the north side of Humboldt Avenue, 115 feet west of
E7 Monte Avenue, identified as AP 46-26-213, Chico (CONTINUED
TO LATER IN THE DAY).
85-721 Doug Dauterman - abandonment of bike path right-of-way and drainage
(2b97) easement, Guynn Bridge Court, south of Guynn Bridge Court, 150 feet
*~r* east of Guynn Avenue, Chico area.
000 A1otion: BASED ON DISCUSSION, MADE MOTION OF INTENT TO ABANDON
AND DIRECTED STAFF TO PREPARE THE APPROPRIATE FINDINGS.
M S
Vote: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
Closed 5essian: The Board recessed at 12:48 p.m. for a closed
session for the litigation matter of Hiil vs.
County of Butte.
Reconvene: (CHAIRMAN FULTON ABSENT AT THIS TIME. MEETING
RECONVENED 8Y VICE-CHAIRMAN McLAUGHLIN.) The Board
reconvened at 2:00 p.m. (NO ANNOUNCEMENTS.)
85-722 Recognition of persons wishing to speak.
{370) 7. Katherine Schwartz - on behalf of neighbors, petitioned that
Mission Olive Road be paved.
(CHAIRMAN FULTON PRESENT AT THIS TIME.)
{MATTER REFERRED TO COUNSEL TO MEET WITH PUBLIC WORKS AND REPORT
BACK TO THE BOARD ON DECEMBER 17, 1985}.
2. Ed White - requesting Paradise Veterans Square Dance be seated
on the Paradise Memorial Hall Committee.
Motion: APPROVED THE VETERANS SQUARE DANCE REPRESENTATION ON
THE PARADISE MEMORIAL HALL COMMITTEE.
S M
Vote: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
3. Norma Smith - requesting the Board to move the public speaking
portion of the agenda back to the 11:00 a.m. hour.
Page 201
November 19, 19$5
Glosed Session: The Board recessed at 2:23 p.m. to interview
Community Action Agency Executive Director
candidates.
Reconvene: The Board reconvened at 2:58 p.m. (SEE FOLLOWING
MINUTE ORDER.}
85-7'23 Report on closed session.
(1003}
Motion: APPQINTED EDWIN A, BURKE AS THE DIRECTOR AT THE SECOND
STEP OF SALARY RANGE 29.
M S
Vote: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
85-724 1. Butte County Board of Supervisors - (previously adopted
(1049) negative declaration regarding environmental impact) amendment
to the Butte County General Plan Land Use Element to show existing
solid waste facilities on property zoned A-2 (general), M-2 (heavy
industrial} and A-40 {agricultural 40 acre parcels) property
located off Neal Road approximately T-1/2 miles east of Highway 99,
Chico, and off Ophir Road 1-T/4 miles east of Highway 99,
identified as AP 40-12-12, 10 (ptn}; 36-20-3, 75, 25-19-50 {ptn)
(File 85-64).
2. Board of Supervisors - General Pian amendment (environmental
impact report has been certified) from grazing and open land,
low density residential and public to agricultural residential,
industrial, and public for property generally located south of
Grand Avenue, west of T8th Street and Larkin Road, north of East
Hamilton Road, and east of State Highway 99, west of Oroville.
The project also includes a17 of the Thermalito Afterbay recreation
area (84-72}.
Motion: FOUND THAT THE REQUIREMENTS OF THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA) HAVE BEEN COMPLETED
AND CONSIDERED IN MAKING THIS DECISION, NOTING THE
PREVIOUS CERTIFICATION OF THE ENVIRONMENTAL IMPACT REPORT
FOR THE OROVTLLE AIRPORT LAND USE PLAN ON SEPTEPIBER 16,
1985 BY THE BUTTE COUNTY AIRPORT LAND USE COMMISSION.
CERTIFIED THE ENVIRONMENTAL IMPACT REPORT FOR THE PURPOSE
OF GENERAL PLAN AMENDMENTS AND SUBSEQUENT REZONES.
ADOPTED A NEGATIVE DECLARATION REGARDING ENVIRONMENTAL
IMPACT FOR THE SOLID WASTE MANAGEMENT PLAN REVISION.
FOUND THAT THE PROPOSED GENERAL PLAN CONFORMS TO THE
POLTGIES, INCLUDING THE TEXT AND MAP, OF THE BUTTE COUNTY
GENERAL PLAN. ADOPTED RESQLUTION 85-I91 APPROVING A
GENERAL PLAN AMENDMENT TO AGRICULTURAL RESIDENTIAL,
GRAZING RND OPEN LAND, INDUSTRIAL, AND PUBLIC FOR VARIOUS
AREAS IN THE VICINITY OF THE OROVILLE AIRPORT AND
THERMALITO AFTERBAY, AS SHOWN ON EXHIBIT "A", TO SOLID
WASTE DISPOSAL FACILITIES FOR TH05E AREAS IDENTIFIED
ON EXHIBIT "B1 ," °62" AND "B3," AND THE SOLID WASTE
MANAGEMENT TEXT AMENDMENT AS SHOWN ON EXHIBIT "B5."
Page 202 November 19, T985
85-724
(Cont'd)
M S
Vote: ] Y 2 Y 3 Y 4 Y 5 Y {Unanimously carried)
$5~-725 Consideration of ordinance pursuant to the Vesting Tentati--e
(]425} Map Act, Government Code Sections 66498.1 - 66498.8.
Motion: WAIVED THE FIRST READING OF THE ORDINANCE.
S M
Vote: l Y 2 Y 3 Y 4 Y 5 Y {Unanimous]y carried)
85-726 Ran Graves and Associates - on behalf of Dora Leonard, appear
{1873) the Advisory Agency's denial of tentative parcel map (proposed
mitigated negative declaration regarding environmental impact),
AP 6T-35-22 (portion), four parcels, property located .at the
southeast corner of Bald Rock Road and Enumclaw Road, Bald Rock
area.
Motion: FINDING THAT THE PROJECT WILL NOT HAVE AN IMPACT ON
THE ENVIRONMENT, ADOPTED A MITIGATED NEGATIVE DECLARATION
OF ENVIRONMENTAL IMPACT FOR THE DORA LEONARD TENTATIVE
PARCEL MAP ON AP 62-35-22 (PORTION). UPHELD APPEAL
OF THE ADVISORY AGENCY'S DENIAL, FINDING THAT THE PROJECT
IS IN CONFORMANCE WITH THE BUTTE COUNTY GENERAL PLAN
AND WILL NOT HAVE AN ADVERSE IMPACT ON WILDLIFE. PUBLIC
WORKS CONDITIONS 7 THROUGH 9, ENVIRONMENTAL HEALTH
CONDITIONS 10 THROUGH T2, AND MITIGATION MEASURES 1
THROUGH 5, ARE TO BE CONDITIONS OF APPROVAL.
M S
Vote: ] Y 2 Y 3 Y 4 Y 5 Y (Unanimous]y carried)
(SUPERVISOR McINTURF TO GO WITH PLANNING AND PUBLIC WORKS DIRECTORS
TO LOOK AT THIS AREA AND BRING RECOMMENDATIONS BACK TO THE BOARD.)
Recess: 3:39 p.m
Reconvene: 3:47 p.m.
85-727 Lippincott--Guth Associates - on behalf of Donald Sorenson, appeals
(3009) the Advisory Agency's approval of tentative parcel map (proposed
**** mitigated negative declaration regarding environmental impact),
0000 AP 63-04-57, four parce]s, property ]ocated on the west side
of Doe Mil] Road approximately 1,400 feet south of its intersection
with Schott Road, Doe Mi11 Ridge area.
Page 203
November 19, T985
85-727
{Cant'd) Motion: SENT PROJECT BACK TO THE ADVISORY AGENCY TO BE REPUBLISHED
AND REHEARD AND FOR CLARIFICATION OF CIRCULATION TO
COUNTY ROAD STANDARDS.
S M
Vote: l Y 2 Y 3 Y 4 Y 5 Y {Unanimously carried)
85-728 Continued hearing
(532) William Reynolds,
rezone {proposed
impact} from TM-5
(timber mountain -
east of Cohasset
Road, identified
iT/5/85).
-Lippincott-Guth Associates - on behalf of
appeal the Planning Commission`s denial of
negative declaration regarding environmental
(timber mountain - five acre parcels} to TM-2
two acre parcels) for property located 475 feet
Road approximately 2,000 feet south of Vilas
as AP 56-17-12, Cohasset (File 85-50) (from
Motion: NOTED THAT THE REQUIREMENTS OF CEQA HAVE BEEN COMPLETED
AND CONSIDERED AND FOUND THAT THE REZONE DOES NOT COMPLY
WITH THE BUTTE COUNTY GENERAL PLAN AND DENIED THE REZONE
FROM TM-5 TO TM--2 ON AP 55-17-12, PARTNERSHIP OE
WILLIAM REYNOLDS.
S M
Vate: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
Regular Agenda
85-729 Request of girector of Libraries to reopen the Biggs Library
(850) as a volunteer branch.
Motion: AUTHORIZED REOPENING THE LIBRARY WITH VOLUNTEERS, WITH
SUPERVISION TO BE PROVIDED BY DIRECTOR OF LIBRARIES.
S M
Vote: l Y 2 Y 3 Y 4 Y 5 Y {Unanimously carried)
85-730 Report on revenue implications ofi not implementing SB 813
{1328} {supplemental roll) fiscal year 1985-86.
Motion: AUTHORIZED EXPENDITURE OF $63,500 FOR THE PREPARATION
AND COLLECTION OF THE SUPPLEMENTAL ROLL AND TO FURTHER
PURSUE RETROACTIVE LEGISLATION ALLOWING COUNTIES TO
DEDUCT ADMINISTRATIVE COSTS OF THE SUPPLEMENTAL ROLL
PRIOR TO DISTRIBUTING PROPERTY TAX PROCEEDS TO
PARTICIPATING AGENCIES, UNDERSTANDING THAT THIS I5 UNDER
DURESS AND AT THE ADVICE OF COUNSEL AND ADMINISTRATIUE
STAFF.
S M
Vote: 7 Y 2 Y 3 Y 4 N 5 Y {Motion carried}
Page 204
November l9, 1985
85-731 SB 1139 budget transfer - request by the Sheriff-Coroner to
(1857) appropriate $250,000 received under SB 1139 (marijuana eradication
funds}.
Motion: MADE A MOTION OF INTENT TO APPROVE. REFERRED TO
ADMINISTRATIVE OFFICE AND CAPTAIN GREY TO BRING A PLAN
TO SPREAD THE MONEY THROUGH SEPTEMBER OF NEXT YEAR,
TO SEE WHETHER OR NOT THE PROGRAM IS REFUNDED BY THE
*~**~ LEGISLATURE AND SIGNER BY THE GOVERNOR. FIRST READING
oaooa OF THE ORDINANCE ADDING POSITIONS WILL BE ON DECEMBER 3,
AND SECOND READING AND ADOPTION ON DECEMBER 17, UNLESS
COUNSEL CAN MAKE FINDINGS TO ADOPT AN URGENCY ORDINANCE.
M S
Vote: l Y 2 Y 3 Y 4 Y 5 Y {Unanimously carried}
Recess: 5:23 p.m.
Reconvene: 5:35 p.m.
85-732 Discussion and policy direction relating to the
(129) De Sabi a-Center-ri17e Hydroelectric Project. (NO ACTION TAKEN.
P.G.AND E. IS TO SUBMIT APPLICATION FOR A USE PERMIT.)
85-733 Final Welfare Departrnent budget based on state allocations.
{707) Motion: APPROVED BUDGET AND BUDGET TRANSFER B-78. AMENDED ACTION
ON MINUTE ORDER 85--711, #15, TO INCLUDE THIS BUDGET.
S M
Vote: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried}
85-734 Request of Director of Public Works to add an additional road
worker position to be financed through restricted road monies.
Motion: DIRECTED PERSONNEL DIRECTOR TO PREPARE AN ORDINANCE
ADDING ONE ROAD MAINTENANCE WORKER I POSITION TO THE
PUBLIC WORKS DEPARTMENT.
M S
Vote: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried}
85-735 Discussion of the county having an expense of an EIR consultant
(7085} for preparation of an environmental impact report far the following
files: Bell Muir Area, Chico 84-37; South Chico Area 84-38;
Heidinger & Sweet Nectar Area 84-39; Moaberry Burrell 84-45;
Lloyd & Herbert Heidinger 8457 (from l/15/85).
Motion: FOUND THAT THE COUNTY DOES NOT HAVE THE MONEY TO PREPARE
ENVIRONMENTAL IMPACT REPORTS.
M S
Vote: l Y 2 Y 3 Y 4 Y
Page 205
5 Y (Unanimously carried)
November 19, 1985
$5-736 Report from County Counsel on the nuisance factor regarding the
complaint of Erna Hawkins relating to a body shop on East Lassen
Avenue, Chico (from 10/15/85). (NO NUISANCE CAUSE OF ACTION
WAS FOUND RND THERE IS NO ZONING VIOLATION.}
85-737 Report of Board of Supervisors Committee regarding appointments
to Financial stability Commission (from 10/15/85). (STILL WITH
COMMITTEE. RECRUITMENT PERIOD STTLL OPEN).
85--738 Report from Board Committee (Supervisors Mclnturf and Wheeler)
(1225} on l~orthern California County Supervisors Association.
Motion: RESUMED MEMBERSHIP TN NORTHERN CALIFORNIA COUNTY
SUPERVISORS ASSOCIATION. DIRECTED ADMINISTRATIVE STAFF
TO APPROPRIATE THE REVENUE FROM EXISTING BOARD`S BUDGET.
AGREED TO BE ACTIVE PARTICIPANTS IN CHANGING THE
STRUCTURAL MAKE-UP.
S M.
Vote: l Y 2 N 3 Y 4 N 5 Y (Unanimously carried}
Closed Hearing
85-739 Sutte County Planning Commission - proposed negative declaration
regarding environmental impact and rezone from R-4 (maximum density
residential restricted service) and S-R (suburban residential}
to either C-1 (light commercial), C-2 (general commercial), C-C
(community commercial), N-C (neighborhood commercial) or H-C
(highway commercial) for property having frontage on East Avenue
located east of Cohasset road and west of Ceres Avenue, Chico
(File 84-70 8&D) (from 10/15/85). (CONTINUED TO DECEMBER 3,
1985. }
Regular Agenda
85-740 Election Code 23520 appointments - the County Clerk-Recorder
(1958} forwards nominations for appointment of directors to various
irrigation, water and community services distracts.
Motion: APPOINTED THOSE NOMINATED, AS LISTED ON MEMORANDUM OF
NOVEMBER T5, 19$5, FROM ELEANOR BECKER.
M S
Vote: T Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
(CONTINUED APPOINTMENTS TO RICHVALE SANITARY DISTRICT, DURHAM
IRRIGATION DISTRICT, DRAINAGE DISTRICT #100 AND DRAINAGE DISTRICT
#200 TO DECEMBER 3, 1985.)
Page 206
November 19., 1985
Public Hearings and Timed Items
85-741 Dennis &oslin - proposed negative declaration regarding
environmental impact and use permit to allow a ceramic studio
as a school on property zoned S-H {scenic highway} located on
the north side of Humboldt Avenue, 115 feet west of
E1 Monte Avenue, identified as AP 46-26-213, Chico.
Motion: FOUND THAT THE REQUIREMENTS OF CEQA HAVE BEEN COMPLETED
AND CONSIDERED IN MAKING THIS DECISION AND ADOPTED A
MITIGATED NEGATIVE DECLARATION. FOUND THAT THE PROJECT
COULD HAVE A SIGNIFICANT EFFECT ON THE ENVIRONMENT BUT
WILL NOT IN THIS CASE BECAUSE OF ADOPTED MITIGATION
MEASURES. FOUND THAT THE PROPOSED USE OF THE PROPERTY
WILL NOT IMPAIR THE INTEGRITY AND CHARACTER OF THE ZONE
IN WHICH THE LAND LIES AND THE USE WOULD .NOT BE
UNREASONABLY INCOMPATIBLE OR INJURIOUS TO SURROUNDING
PROPERTIES OR DETRIMENTAL 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 USE PERMIT TO ALLOW A CERAMIC
STUDIO AND SHOP AS SHOWN ON SITE PLAN FOR AP 46-26-213,
DENNIS GOBLIN, SUBJECT TO THE FOLLOWING CONDITIONS RND
MITIGATION MEASURES UPHOLDING MITIGATION MEASURE ITEMS
1 THROUGH 4 ON PLANNING DEPARTMENT'S MEMO TO THE
SUPERVISORS DATED NOVEMBER 5, 1985 UPHOLDING THE
CONDITIONS OF THE APPEAL ON ITEM 5 THAT A NOTATION BE
MADE THAT CONSTRUCTION. OF VERTICAL CURS, GUTTER,SIDEWALKS
AND ONE-HALF A STREET SECTION ON HUMBOLDT AVENUE TO
RS-2A ROAD STANDARDS NOT BE REQUIRED UNTIL SUCH TIME
AS DEVELOPMENT OCCURS IN THE AREA, AND ALSO ITEM 8,
EASEMENT TO EL MONT£, IF IT IS TO BE USED, THAT THE
ACCESS EASEMENT BE CONDITIONED ON ONE-WRY INGRESS OR
EGRESS ONLY, MAKING ALL THE OTHER CONDITIONS APPLICABLE
ON MEMO DATED NOVEMBER 5, 7985.
M 5
Vote: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried}
85-742 Additional items from Board members:
1. Supervisor Wheeler - citizens of Forest Ranch would like
to speak to the Board about highway safety when the Board meets
on November 21, 1985.
2. Supervisor Wheeler - announced she would be working with
planning directors of county and City of Chico regarding a
professional-residential zone in Chico.
3. Supervisor Wheeler - reported on CSAC meeting and that she
was re-elected to the CSAC Executive Committee.
Page 207
November 7 9, 1985
Closed Session: The Board recessed at 6:48 p.m. for a closed
session Jones vs. Brooks, County vs. Chico
Redevelopment Agency, a meet and confer matter
and the Harry Gi11 compensation matter.
Reconvene: The Board reconvened at 7:58 p.m. (NO ANNOUNCEMENTS.)
85-743 Additional Item:
1. Well drilling ordinance. {SUPERVISORS McINTURF AND McLAUGHLIN
APPOINTED TO MEETING WITH WELL DRILLING COMMITTEE TO REVIEW THE
NOTICE REQUIREMENTS UNDER THE WELL DRILLING ORDINANCE.)
Recess: There being nothing further before the Board at this
time, the meeting was recessed until November 21, 1985,
at 7:30 p.m. at the Forest Ranch School.
Page 208
November 19, 1985