HomeMy WebLinkAboutM120385December 3 1985
Ca11 to order - Board of Supervisors room, Administration Center, 25 County
Center Drive, Oroville. Present: Supervisors Dolan, McInturf, Wheeler
and Chairman Fulton. Harvey Wallace, county counsel; Martin J. Nichols,
chief administrative officer; and Cathy Pitts, assistant clerk to the
Board. Absent; Supervisor Nfc~.aughlin.
Pledge of allegiance to the Flag of the United States of America.
8546 Additional items from Board members to be addressed at the end of the
day. {13)
1. Supervisor McInturf - consideration of resolution supporting Way
to Independent living Christmas Program.
2. Supervisor Dolan - problems on Regan lane rai]road separation.
3. Supervisor Dolan - establishing a reimbursement agreement policy
similar to that used by the City of Ghico.
4. Supervisor Dolan - question on subdivision/parcel map standard changes.
5. Supervisor Wheeler - water.
6. Chairman Fulton - closed session regarding the veterans' ]awsuit.
7. Supervisor Wheeler - closed session on personnel.
85-747 Item taken off agenda:
1. Jim Fink - proposed negative declaration and rezone from U
(unclassified) to TM-l & 2 (timber mountain - ] and 2 acre parcels)
for property located on the northeast side of Bald Rock Road,
approximately one mile east of Oro Quincy Highway, identified as
RP 62-56-07, northeast of Oroville. SE7 HERRING DATE FOR JANUARY 7,
7986 RT 2:30 P.M.
Page 211
December 3, 1985
December 3, 1985
85-748 Ttem added to the Consent Agenda:
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 jabs at no wage increase - action requested - WAIVE
THE SECOND READING AND ADOPT THE ORDINANCE.
85-749 Items removed from the Consent Agenda for separate consideration:
85-750
1. Budget transfers - action requested - APPROVE BUDGET TRANSFERS B-80,
B-$1, B-83, B-84, B-86, B-87, B-88, B-89, B-90, B-9T, B-92, B-93
AND B-94.
2. Stream Restoration Program grant applications - several Chico area
community groups have developed proposals for cleaning Dead Horse
Slough and Little Chico Creek and implementing a revegetation plan
on Chico Creek ~Lindo Channel/Sandy Gulch Diversion) - action
requested - RATIFY THE CHIEF ADMINISTRATTVE OFFICER'S LOCAL AGENCY
ENDORSEMENT OF THE PROJECTS FOR THE NONPROFIT AGENCY'S SUBMITTAL
TO THE STATE DEPARTMENT OF WATER RESOURCES.
3. Esplanade Manor contract - a contract has been prepared to provide
24-hour residential care services in the maximum amount of $54,030
covering the period July 1, 1985 through December 31, 1985 - action
requested - APPROVE CONTRACT AND AUTHORIZE THE CHAIRMAN TO SIGN.
Consent Agenda
1. Approval of minutes. APPROVE MINUTES OF NOVEMBER 5, 1985.
2. Paul Sauer - appeal of the Planning Commission's denial of rezone
(item on which environmental documents have not been completed) from
S-R (suburban residential) to R-3 {medium density residential) and
R-4 (maximum density residential - restricted service) for property
located on the east side of Floral Avenue, approximately one-half
mile north of East Avenue, identified as AP 48-03-4-58 and 59, Chico.
SET NEARING DATE FOR JANUARY 7, 1986 RT 10.30 A.M.
3. Santa Fe Pacific Timber Company -- rezone {categorically exempt from
environmental review} from FR-160 (foothill recreation - 160 acre
parcels) to TPZ-1fi0 (timber preserve - 160 acre parcels) for property
located along Island Bar Hi11 Road, {Ponderosa Way, approximately
two miles northwest of Lump kin Raad, identified as AP 71-06-02,
71-06-14, Feather Falls area (file 86-8}. SET HEARING DATE FOR
JANUARY 7, 1986 at 11:00 A.M.
Page 212
December 3, 1985
December 3, 1985
4. Richard Hughes - proposed negative declaration and rezone from A-R
(agricultural - ,residential) to C-2 (general commercial} property
located approximately 600 feet east of Highway 99, approximately
600 feet south of Wilson Landing Road, identified as AP 47-30-90,
Chico (file 85-67). SET HEARING DATE FOR JANUARY 7, 1986 AT 11:30 A.M.
5. Aime Hebert - proposed negative declaration and rezone from R-N
(residential nonconforming} to M-7 (light industrial) for property
located on the west side of Lincoln Blvd., south of Jefferson Street
and east of railroad tracks, identified as AP 35-20-1, lO, l9, 20,
23, 25 and 30, Oroville. SET HEARING DATE FOR JANUARY 7, 1986 AT
2:00 P.M.
6. Suite County Library donation - in accordance with Government Code
§25355, a donation has been received in the amount of $2,195 from
the Chico Friends of the Library for placement in the Butte County
Library Trust. ACCEPT DONATION AND AUTHORI7E LETTER OF APPRECIATION.
7. Appointment to Personnel Appeals Commission. REAPPOINT ED BRONSON
AS A LABOR REPRESENTATIVE TO SERVE UNTIL DECEMBER 31, 1989.
8. Appointments to Durham Memorial Hall Committee. APPOINT SUPERVISOR
ED McLAUGHLIN AND MILTON WILLADSEN, WORTH B. GEORGE, JOHN PANUKE,
HUGH WILLS AND JOHN ROBLEY REPRESENTING AMERICAN LEGION POST 673,
WITH TERMS TO EXPIRE DECEMBER 31, 198fi.
9. Appointment to Mental Health Advisory Board. APPOINT
ROBERTO G. ROMANDIA AS THE PROFESSIONAL/COUNSELING REPRESENTATIVE
FOR A TERM TO EXPIRE DECEMBER 31, 1987.
70. Final map - Country Club Park Subdivision - the developer has provided
a cash deposit to guarantee construction of improvements within a
period of one year on the six-lot subdivision, AP 55-44-75, located
on the northwest corner of Country Club Drive and Royal Canyon Drive,
Paradise area. NOTING THAT ALL TAXES AND LIENS HAV£ BEEN PAID, APPROVE
THE FINAL MAP, ACCEPT EASEMENTS AS GRANTED IN THE OWNER'S CERTIFICATE
ON BEHALF OF THE PUBLIC, AND AUTHORIZE THE CHAIRMAN TO SIGN THE
SUBDIVISION AGREEMENT.
71. Brigham P. Jones, attorney at Taw - on
files a claim in the amount of $1,000,
Injuries and damages incurred on or about
of an automobile accident at the junction
Route 149. REJECT CLAIM.
Page 213
behalf of Margaret Sliton,
X00 as a result of alleged
Rugust 19, 1985 as a result
of State Route 70 and State
Qecember 3, 1985
December 3, 1985
12. Brigham P. Jones, attorney at law - on behalf of Mack Bliton, files
a claim in the amount of $500,000 as a result of alleged injuries
and damages incurred on or about August 19, 1985 as a result of an
automobile accident at the junction of State Route 70 and State
Route 149. REJECT CLAIM.
13. Leslie A. Burgermyer, attorney at law -- on behalf of
Kenneth Albert Maple, files an application for leave to present late
claim and claim alleging wrongful termination on or about December 37,
1984. DENY APPLICATION TO FILE LATE CLAIM.
14. Resolution honoring the 65th anniversary of the founding of the League
of Warren Voters. ADOPT RESOLUTION 85-192 AND AUTHORIZE THE CHAIRMAN
TO SIGN.
15. Resolution proclaiming December 75-21, 1985 as "Drunk and Drugged
Driving Awareness Week." ADOPT RESOLUTION 85-193 AND AUTHORIZETHE
CHAIRMAN TO SIGN.
76. Salary ordinance amendment - the salary ordinance creates three
new positions for the We1are Department to begin development of the
County Workfare {Gain) Program and implements final Welfare Department
budget based on state allocations. WAIVE SECOND READING RND ADOPT
ORDINANCE 2501.
i7. Salary ordinance amendment - the ordinance adds positions to the
Assessor, Sheriff, Public Works and Mental Health Departments, provides
reclassification and flexible staffing of positions and adds
information on legislatively set salaries for judges. WAIVE THE
FIRST READING OF THE ORDINANCE.
18. Ordinance adding to the Butte County Code procedures for vesting
tentative maps pursuant to Government Code §fi6498.1 through §66498.8.
WAIVE SECOND READING AND ADOPT ORDINANCE 2502.
19. Purchase and acceptance of pickup truck - Cohasset Volunteer Fire
Company - the volunteer fire department is donating ,$1,590 to the
county in order to acquire a pickup truck with utility body from
the State of California for use by the company. ACCEPT DONATION,
AUTHORIZE PURCHASE OF UEHICLE FROM THE STATE, AND ACCEPT THE VEHICLE
AS COUNTY PROPERTY TO BE ASSIGNED TO THE COHASSET VOLUNTEER FIRE
COMPANY AS A RESCUE SQUAD.
20. Print Shop
platemaker
of the Prin
platemaker - authorization is requested to replace a
at an estimated cost of $1,000 within existing funding
t Shop ISF budget. AUTHORIZE PURCHASE.
Page :2 ].4
December 3, I985
December 3, 1985
2l . JTPA copy machines - authorization i s requested to purchase two small
portable copy machines at an estimated cast of $2,500 to aid in the
eligibility process. AUTHORIZE ACQUISITION.
22. Head Start Program freezer - authorization is requested to purchase
a freezer at an estimated cast of $797.12 at the Oroville site in
order to store food as part of the program. AUTHORIZE PURCHASE
Z3. Computer hardware exchange - authorization is requested for the
Director of Public ~[orks to exchange computer hardware equipment
at no cost to the county, subject to review and approval by Data
Processing. AUTHORIZE EXCHANGE OF EQUIPMENT.
24. Detention Facility equipment - authorization is requested to acquire
fixed asset items for the new facility, including: nine seat lounges,
$3,850; two breathing apparatus, $2,000; four stora a units, $3,500;
an electric typewriter, $550; two microwave ovens, 1,500; and three
floor buffers, $900. AUTHORIZE ACQUISITION OF FIXED ASSETS ESTIMATED
AT A TOTAL COST OF $12,300.
25. County Veterans Service subvention - the allocation letter from the
State Department of Veterans Affairs has been received allocating
$8,175 for 1985-86. APPROVE COUNTY CERTIFICATION SETTING FORTH
QUALIFICATIONS OF THE UETERANS SERVICE OFFTCER AND AUTHORTZE THE
CHATRMAN TD SIGN.
26. Construction of pavement marking and signing at various locations
in Butte County, Hazard Elimination Project 03-BUT-CR-HES-OOOS (208},
Project No. SP-$5-1 - plans and specifications have been completed
for the subject project. APPROVE PLANS AND SPECIFICATIONS; AUTHORIZE
THE CHATRMAN AND DIRECTOR OF PUBLIC WORKS TO SIGN THE PLANS; ADOPT
THE WAGE SCALE; AND SET BID OPENING FOR DECEMBER 27, 1985 AT 71:00 A.M.
IN THE PUBLIC WORKS OFFICE.
27. JTPA dayshift modification - a modification has been prepared to
the JTPA dayshift contract which adds an additional $1,600 for fringe
benefits. APPROVE THE MODIFICATION AND AUTHORIZE THE EXECUTIVE OFFICER
TO SIGN.
28. 1985-86 Child Protective Services agreements - agreements have been
prepared to provide counseling and/or evaluation necessary in giving
protection to children-at-risk, each being in the amount of $9,950:
Family Service Association and STEP II Psychological Services. APPROVE
AGREEMENTS AND AUTHORIZE THE CHATRMAN TO SIGN.
Page 215
December 3, 1985
December 3, 1985
29. Amendment No. 1 - Parent Education Network contract - the amendment
adds contract language as required by the contract section of the
State Department of Social Services. APPROVE CONTRACT AMENDMENT
AND AUTHORIZE THE CHAIRMAN TO SIGN.
30. Liability c7 aims administrative services - proposals have been received
to provide independent liability claims administrative services to
the Risk Management Program. The evaluation team reviewing proposals
recommends that a contract be prepared with George Hills Company, Inc.
covering the period December 3, T985 through December 31, 1986.
APPROVE SELECTION OF GEORGE HILLS COMPANY, INC. AND AUTHORIZE THE
CHAIRMAN TO SIGN THE CONTRACT FOR SERVICES.
31. Head Start grant transition - a letter ,has been prepared to the U. S.
Department of Health and Human Services setting forth the Board's
desire to transition the Head Start grant to the Community Action
Agency. APPROVE LETTER AND AUTHORIZE THE CHAIRMAN TO SIGN.
32. Tehama County Psychiatric Health Facility - the Mental Health Director
requests that the Board designate the Tehama County Psychiatric Health
Facility as a facility for the treatment and evaluation of mental
disorder pursuant to §5150 and §5250 of the ~lelfare and Institutions
Code. APPROVE DESIGNATION AS RECOMMENDED.
33. Tehama County psychiatric inpatient care - a contract has been prepared
to provide far the caring of Butte County patients at the Tehama
County facility through December 31, 1985 at an estimated cost per
patient day of $217 (cast of services, less revenue received). APPROVE
AGREEMENT AND AUTHORIZE TH£ CHAIRMAN TO SIGN.
34. Glenn County contract - a contract has been prepared to provide
inpatient services to Glenn County mental health patients in the
Chico Psychiatric Health Facility recognizing maximum revenue not
to exceed $3#,650 covering the period July 1, 1985 through June 30,
1986. APPROVE CONTRACT AND AUTHORIZE THE CHAIRMAN TO SIGN.
35. Small water systems contract - a contract has been prepared with
the State Department of Health Services for water sampling evaluation
on 49 small water systems wherein the county will be reimbursed a
total of $36,275 to cover costs of the program during the 1985-86
fiscal year. APPROVE CONTRACT AND AUTHORIZE THE CHAIRMAN TO SIGN.
36. 1985-85 Maternal and child health agreement - an agreement has been
prepared with the State Department of Health Services providing $29,500
in revenue to assist and evaluate the prenatal health services and
needs within the county. APPROVE AGREEMENT AND AUTHORIZE THE CHAIRMAN
TO SIGN.
Page 2I6
December 3, 1985
December 3, 1985
37. Health insurance - administrative fo]low--up has been completed to
assure smooth implementation of the Heath Review Committee's
recommendation to change claims administrators and add a cost
containment program to the employee health plan. RATIFY AGREEMENTS
WITH THE LABOR ORGANIZATIONS, APPROVE THE CHANGES IN THE PLAN, AND
AUTHORIZE IMPLEMENTATION.
38. Advanced step hiring -- the Personnel Director requests authorization
to recruit psychiatrists at the top step of the pay plan and authorize
hiring of the Veterans Service Officer at the top step. APPROVE
ADVANCED STEP HIRING REQUESTS.
39. Rock Creek Reclamation District election - proponents have forwarded
nominations for the election board and established office location
to oversee the election pursuant to Water Cade §50700. APPOINT
HARRY McGOWAN, JOHN DONOHUE AND DARKEN RICE TO THE ELECTION BOARD
AND DESIGNATE THE OFFICE HEADQUARTERS FOR THE DISTRICT AT THE SHIMIZU
FARMS MAINTENANCE SHOP ON WILSON LANDING ROAD.
40. Statement of votes cast - November 5, 1985 General District Election.
ACCEPT CRNVASS OF VOTES FOR INFORMATION.
4]. 1985-86 County Aicaho] Plan - the Alcohol Advisory Board has reviewed
the plan and submits same to the Board for approval. APPROVE COUNTY
ALCOHOL PLAN AND AUTHORIZE STAFF TO FORWARD THE PLAN TO THE STATE
DEPARTMENT OF ALCOHOL AND DRUG PROGRAMS.
42. 1985-86 Mental Health Short-Doyle Plan, Part B - the state required
plan which is the detailed budget presentation has been reviewed
by the Mental Health Advisory Board and submitted to the Board for
action. APPROVE AND ADOPT PART B COUNTY SHORT-DOYLE PLAN AND AUTHORIZE
THE CHAIRMRN TO SIGN AND SUBMIT TO THE STATE DEPARTMENT OF MENTAL
HEALTH.
43. Communications.
a. Forest Ranch Community Association -- expresses appreciation for
the meeting conducted by the Board on November 21. ACCEPT FOR
INFORMATION.
b. Butte County Association of Cities - the association advises
that the Board's request of considering the formation of Solid
~iaste/Recycling Task Forces viii be referred to individual cities
for their consideration. ACCEPT FOR INFORMATION.
Page 217
December 3, 1985
December 3, 1985
44. Salary ordinance amendment - the amendment reorganizes the District
Attorney's staff, consolidates the 5heriff`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: WAIVE THE SECOND READING
AND ADOPT ORDTNANCE 2503.
MOTION: APPROVE CONSENT AGENDA WITH DELETIONS AND ADDITIONS.
S M
VOTE: l Y 2 Y 3 Y 4 A 5 Y (Motion carried)
Regu7_ar A_ Benda
85--751 Items removed from the Consent Agenda for Board consideration and action.
(97}
1. Budget transfers. APPROVE BUDGET TRANSFERS B-80, 8-81, B-83, B~84,
B-86, 8-87, 8-88, B-89, 8-90, B-91, B-92, B-93 AND B-94.
MOTION: TO APPROVE BUDGET TRANSFERS.
M S
VOTE: l Y 2 Y 3 Y 4 A 5 Y (Motion carried)
2. Stream Restoration Program grant applications - several Chico area
community groups have developed proposals for cleaning Dead Horse
Slough and Little Chico CreeiC and implementing a revegetation plan
on Chico Creek (Lindo Channel/Sandy Gulch Diversion).
MOTION: RATIFY THE CHIEF ADMINISTRATIVE OFFICER'S LOCAL AGENCY ENDORSEMENT
OF THE PROJECTS FOR THE NONPROFIT AGENCY'S SUBMITTAL TO THE
STATE DEPARTMENT OF WATER RESOURCES AND TO SEND LETTER OF
ENDORSEMENT.
S M
VOTE: l Y 2 Y 3 Y 4 A 5 Y (Motion carried}
3. Esplanade Manor contract - a contract has been prepared to provide
24-hour residential care services in the maximum amount of $54,030
covering the period July 1, 1985 through December 31, 1985. APPROVE
CONTRACT AND AUTHORIZE THE CHAIRMAN TO SIGN.
MOTION: MOVE FOR ACTION REQUESTED.
M S
VOTE: l Y Z Y 3 Y 4 A 5 Y {Motion carried)
Page 23.8
December 3, 1985
December 3, 1985
Public Hearings and Timed Items
85-752 Presentation by Rolfe Auerbach relating to crime and police protection
for the citizens of Butte County. {215} {TAKEN OFF AGENDA}
Regular Agenda
85-753 Presentation of letter of appreciation to George Hanna. (232) (SHERIFF
ACCEPTED LETTER ON BEHALF OF GEORGE HANNR.)
85-754 Report from JTPA Executive Officer on employment-generating services
proposals. {314} {REFERRED TO BOARD COMMITTEE OF SUPERVISORS DOLAN AND
McI:AUGHLIN TO BRING BACK ON JANTIARY 7, 1986, )
85-755 Report from Treasurer/Tax Collector on federal legislation regarding
tax-exempt financing for local government. {1438)
MOTION: AUTHORIZE THE CHAIRMAN OR THE CHIEF ADMINISTRATIVE OFFICER TO
SIGN LETTERS TO SENATOR CRANSTON, SENATOR WILSON AND
CONGRESSMAN CRAPPIE EXPRESSING BUTTE COUNTY'S CONCERN.
S M
VOTE: l Y 2 Y 3 Y 4 A 5 Y (Motion carried)
MOTION: ADOPT RES0LUTIOI~ 85-194 AUTHORIZING THE CHIEF ADMINISTRATIVE
OFFICER TO EXECUTE, ON BEHALF OF THE BOARD OF SUPERVISORS, A
"PARTICIPATION AGREEMENT" WITH THE COUNTY SUPERVISORS ASSOCIATION
OF CALIFORNIA THAT WOULD PROVIDE FOR POSSIBLE BUTTE COUNTY
PARTICIPATION IN THE POOLED LOAN PROGRAM.
S M
VOTE: l Y 2 Y 3 Y 4 A 5 Y (Motion carried)
85-•756 Report by Public Works Director on bid opening construction of traffic
signal installation at the intersection of skyway at Ponderosa Way, Project
Ro. 512fii-85-1. (1636)
MOTION: AWARD CO~iTRACT TO LOW BIDDER, M & M ELECTRIC, IN THE AMOUNT OF
$77,953.
S M
VOTE: l Y 2 Y 3 Y 4 A 5 Y (Motion carried)
REGESS: 9:56 a.m.
RECONVENE: 10:20 a.m.
85-757 Report by Director of Public Works on Esplanade Underground Utility District
Rio. 1. (1768)
Page 219
December 3, 1985
December 3, 1985
MOTION: MOVE WE PROCEED.
M S
VOTE: l Y 2 Y 3 Y 4 A 5 Y {Nation carried)
85-758 Discussion of proposed ordinance to implement a fee on new development
to defray the cost of road improvements. (2077)
MOTION: DIRECT COUNTY COUNSEL TO DRAFT AN ORDINANCE IMPLEMENTING FEES
AND DIRECT THE CHIEF ADMINISTRATIVE OFFICER TO SEEK SOME
RESOLUTION WITH THE CITY OF CHICO IN MATTERS BROUGHT UP AND
THEN WHEN IT IS RIGHT TO SET THE MATTER FOR PUBLIC HEARING.
S M
VOTE: l NV 2 Y 3 Y 4 A 5 Y (Motion carried}
Public Hearings and Timed Items
85-759 1. Continued hearing - C]iff Johnsen - appeals the Advisory Agency's
denial of tentative parcel map (proposed negative declaration regarding
environmental impact}, AP 40-02-135, three parcels, property located
on the south Side of Marybill Ranch Road approximately 4800 feet
east of Midway in the Chico area {from 6/4/85). (2426} ** (00)
2. Discussion of setting hearing dates for General Plan amendments.
MOTION: SET GENERAL PLAN AMENDMENT FOR FEBRUARY 4, 1986 AT 2:00 P,M.
M S
VOTE: 1 Y 2 Y 3 Y 4 A 5 Y (Motion carried)
85-760
3. Continued hearing - Cliff Johnsen - appeals the Advisory Agency's
denial of tentative parcel map (proposed negative declaration regarding
environmental impact}, AP 40-02-135, three parcels, property located
on the south side of Marybill Ranch Road approximately 4800 feet
east of Midway in the Chico area (from 6/4/85).
MOTION: TO CONTINUE AS OPEN HEARING TO FEBRUARY 4, 1986 AT .3:00 P.M.
M S
VOTE: l Y 2 Y 3 Y 4 A 5 Y (Nation carried}
Revision to Regulation Y - Air Pollution Control permit fees.
THE BOARD RECESSED A5 A BOARD OF SUPERVISORS AT 10:52 A.M. TO RECONVENE
AS THE AIR POLLUTION CONTROL BOARD.
THE AIR POLLUTION CONTROL BOARD ADJOURNED AT 11:34 A.M. TO RECONVENE AS
THE BOARD OF SUPERVISORS
Page 220
December 3, X985
December 3, 1985
RECESS: 7T:35 a.m.
RECONVENE: 11:44 a.m.
85-761 Public hearing to consider whether the Housing Authority of the County
of Butte should issue Variable Rate Multifamily Housing Revenue Demand
Sands, of aggregate principal amount not to exceed $3.5 million, for the
purpose of providing funds to finance development of a multi-family rental
housing project of approximately 115 residential rental units (including
approximately 23 units for law-income tenants}, parking, and relating
facilities Iocated on West 12th Street, one block west of Ivy Street,
Chico, California, by Merle A. Webb & Sons, a California general
partnership, ar its designee. (1338)
MOTION: ADOPT RESOLUTION 85-195 AUTHORIZING THE HOUSING AUTHORITY TO
ISSUE THE BONDS.
M S
VOTE: l Y 2 Y 3 Y 4 A 5 Y (Motion carried}
85-762 Report of Paradise Area Task Force for Wastewater Management. (1727}
MOTION: TO ACCEPT THE REPORT; TO PRESENT THE REPORT TO THE VARIOUS
AGENCIES AS RECOMMENDED BY THE TASK. FORCE; TO ASK THE PLANNING
COMMISSION, TOWN COUNCIL AND PARADISE IRRIGATION DISTRICT TO
HOLD A HEARING ON THIS MATTER; TO SET THE DEADLINE FOR SUBMISSION
OF COMMENTS BACK TO THE BOARD AT JANUARY 7O, 7986; TD HAVE THE
MATTER PLACED BACK ON THE BOARD`S JANUARY 21, 1986 AGENDA FOR
SETTING AN EVENING PUBLIC HEARING IN THE PARADISE AREA.
M S
VOTE: l Y 2 Y 3 Y 4 A 5 Y (Motion carried)
85-763 Carol Rudolph - appeals the Planning Commission's denial of use permit
(categorically exempt from environmental review) to allow a second dwelling
on property zoned A-R (agricultural - residential} property located on
the north side of Rancho Lane, 700 feet west of Garner Lane, identified
as AP 47-29-74, north of Chico. (2148)
MOTION: NOTE THE PROJECT IS CATEGORICALLY EXEMPT FROM ENVIRONMENTAL
REVIEW; FIND THAT THIS PROPOSED USE OF THE PROPERTY WILL NOT
IMPAIR THE INTEGRITY AND CHARACTER OF THE ZONE IN WHICH THE
LAND LIES AND THAT THE USE WOULD BE UNREASONABLY INCOMPATIBLE
WITH, 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; AND APPROVE THE USE PERMIT TO ALLOW
A SECOND DWELLING AS SHOWN ON THE SITE PLAN FOR AP 47-29-74,
DAVE AND CAROL RUDOLPH, SUBJECT TO CONDITIONS I-6 AS SET OUT
IN MEMO DATED OCTOBER 17, 1985.
S M
VOTE: 1 N 2 Y 3 Y 4 A 5 Y (Motion carried)
Page 221
December 3, 1985
December 3, 1985
CLOSED SESSION: The Board recessed at 72:15 p.m. to hold a closed session
regarding the following: {7} Anderson v. County of Butte;
{2) Hill, et al v. County of Butte, et al; {3) Butte
County Veterans' Council, et al v. County of Butte; and
(4} Potential litigation (Irvine Fruit Stand, et al v.
County of Butte.
RECONVENE: The Board reconvened at 1:35 p.m. (NO ANNOUNCEMENTS AT THIS
TIME.)
85-764 Recognition of persons wishing to speak. (2501} *** (000)
1. Joe McCarthy - request that his property be zoned M-1 the same as
the zoning requested by Aime Hebert.
MOTION: REFER THiS MATTER TO THE PLANNING COMMISSION TO LOOK AT THE
ENTIRE R-N ZONE.
M S
VOTE: 1 Y 2 Y 3 Y 4 A 5 Y {Motion carried}
2. James W. Deehan - problems with the Advisory Agency accepting his
parcel map in the Chapmantown area for processing because of
substandard parcel size and the Nitrate Action P7 an.
MOTION: REFER SACK TO THE ADVISORY AGENCY AND DIRECT THAT THE PLANNING
COMMISSION, THE ADVISORY AGENCY, HEALTH SERVICES, OR WHATEVER
DEPARTMENTS ARE INVOLVED, EXAMINE THE PARCEL MAP AND PRESENT
THEIR FINDINGS; AND IF THE AGENCIES DENY THE MAP, THIS GIVES
AN AVENUE TO PROCEED AND HAVE THE MATTER HEARD BEFORE THE BOARD.
M S
VOTE: 1 Y 2 Y 3 Y 4 A 5 Y (Motion carried)
3. James Hansen - regarding the mandatory wearing of seat belts.
Regular Agenda
85-765 Consideration of letter from State Water Resources Control Board concerning
underground storage tank program funding. (14) {DISCUSSED; NO ACTION
TAKEN.)
85-766 Discussion of letters from Ridge Taxpayers` Association and Senator
W. L. Richardson concerning 5B 1139 funding and helicopter acquisition,
(51) (DISCUSSED; NO ACTION TAKEN.)
85-767 Discussion of setting hearing dates for General Plan amendments. (264)
(HANDLED EARLIER IN THE MEETING.)
Page 222
December 3, 1985
December 3, 1985
85-76$ Discussion and policy direction - Forks of the Butte Project {from 71/5/85).
(271) (TO BE PLACED ON THE AGENDA FOR DECEMBER 17, 1985 FOR A REPORT FROM
PLANNING DEPARTMENT ON SETTING A PUBLIC HEARING FOR THE DRAFT ENVIRONMENTAL
IMPACT REPORT.)
public Hearings and Timed Items
85-769 Yerne Andreasen - appeals the Planning Commission's denial of a variance
(categorically exempt from environmental review) to allow the expansion
of an existing office in the front yard setback on property zoned C-2
(general commercial) property located at the northwest corner of Kennedy
Avenue and East Avenue, identified as AP 42-08-75, Chico. {365) (CONTINUED
AS OPEN HEARING TO JANUARY 21, 1986 AT 10:45 A.M.)
Regular Agenda
85--770 7. Report from Planning Commission on the Bidwell Heights Specific Plan
referral from the Board {file 82-82). {387)
2. Report from Planning Commission regarding the Zoning Administrator
as referred by the Board.
(DISCUSSED; NO ACTION TAKEN.)
85-771 Consideration of adding Memorial Hali custodian {Supervisor Fulton). (497)
(DISCUSSED; NO ACTION TAKEN.)
85-772 Appointment of Oroville Area business representative to the Jobs Training
Partnership Act/Private Industry Council to serve until June 14, 1988.
(522)
MOTION: TO FILL THE VACANCY AND APPOINT AL TOWNSEND.
M S
VOTE: l Y 2 Y 3 Y 4 A 5 Y (Motion carried)
85-773 Report from Chief Administrative Officer on the status of legislation
to control deer management area hunts. (539)
MOTION: SUPPORT TEHAMA COUNTY TN THEIR EFFORTS TO GET LEGISLATION TO
CONTROL DEER MANAGEMENT AREA HUNTS.
M S
VOTE: l Y 2 Y 3 Y 4 A 5 Y (Motion carried)
Page 223
December 3, 1955
December 3, 1985
Closed Hearings
85-774 Doug Dauterman -- abandonment of bike path right-o#-way, Guynn Bridge Court,
south of Guynn Bridge Court, 150 feet east of Guynn Avenue, Chica area
(file 86-ZO) (from 11/19/85). (670)
MOTION: NOTE THAT THIS PROJECT IS CATEGORICALLY EXEMPT FROM ENVIRONMENTAL
REVIEW; FURTHER FIND THAT THIS PROJECT DOES NOT CONFLICT WITH
THE POLICIES OF THE CIRCULATION ELEMENT OR THE CHICO URBAN AREA
GENERAL PLAN REGARDING PUBLIC ACCESS THAT WOULD APPLY TO THE
LINDO CHANNEL AREA; IN THAT ABANDONMENT OF THIS EASEMENT DOES
NOT PRECLUDE THE DEVELOPMENT IN THE LONG TERM OF AN EFFECTIVE
CONTINUOUS BIKE PATH SYSTEM; AND, THAT IN THE INTERIM THE BIKE
PATH AS IT CURRENTLY PHYSICALLY EXISTS, IS NOTHING MORE THAN
A NUISANCE AND AN ACCESS TO VANDALISM AND A POTENTIAL LIABILITY
TO THE COUNTY; IT DOES NOT CONNECT TO AN INTERNAL OR AN EXTERNAL
CIRCULATION SYSTEM AND CANNOT ENCOURAGE BIKE USE; AND THEREFORE,
APPROVE THE REQUEST FOR ABANDONMENT OF THE RIGHT-OF-WAY OF A
BIKE PATH LOCATED ON THE SOUTH SIDE OF GUYNN BRIDGE COURT, 150
FEET EAST OF GUYNN AVENUE; ADOPT RESOLUTION 85-196 AND AUTHORIZE
THE CHAIRMAN TO SIGN.
M S
VOTE: l Y 2 Y 3 Y 4 A 5 Y (Motion carried)
85-775 Butte 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-7 {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 B&D) {from li/l 9/85). (730) (CONTINUED TO
DECEMBER 17, 1985.)
85-776 Butte County Planning Commission - development of land use planning policies
far the Cohasset/Forest Ranch Planning Area Committee (from 11/21/85).
{741) (CONTINUED TO FEBRUARY 4, 1986.}
85-777 Additional items. (882)
7. Supervisor McInturf ~- Henry Woodsen, Way to Independent Living, request
for a proclamation or resolution supporting Christmas Spirit Month.
MOTION: ADOPT RESOLUTION 85-i97 PROCLAIMING THE MONTH OF DECEMBER AS
"CHRISTMAS SPIRIT MONTH."
M S
VOTE: l Y 2 Y 3 Y 4 A 5 Y (Motion carried}
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December 3, 1985
December 3, I985
2. Supervisor Dolan - request that Bi71 Cheff, public works director,
contact the Railroad Company regarding the condition of the Hegan
Lane railroad separation.
3. Supervisor Wheeler - preliminary plans for water symposium in Butte
County to include Board of Supervisors, Senator Nielsen's Office,
Director of Department of Water Resources, Superior California Water
Association, and County Water Commission to discuss, among other
things, county of origin, and will be bringing a draft back to the
Board on December 17, 1985.
4. Supervisor Dolan - request for status on the subdivision/parcel map
standard revisions.
5. Supervisor Dolan - information regarding the reimbursement agreement
policy which the City of Chico uses.
MOTION: REQUEST THE
AND COUNTY C(
PROCESS THAT
ADOPTING FOR
REVIEW COSTS.
M
VOTE : 1 Y 2 Y
DEPARTMENT OF PUBLIC WORKS, PLANNING DEPARTMENT
1UNSEL TO REVIEW THE PROPOSED REIMBURSEMENT AGREEMENT
THE CITY OF CHICO USES FOR THE COUNTY TO CONSIDER
PUBLIC WORKS IMPROVEMENTS AS WELL AS ENVIRONMENTAL
S
3 Y 4 A 5 Y (Motion carried)
Public Hearings and Timed Items
85-778 Barnhart-Brown and Associates - on behalf of Big Valley Chemical Company,
appeal the Advisory Agency's denial of tentative parcel map {proposed
mitigated negative declaration regarding environmental impact), AP 24-11-7b,
three parcels, property located on the south side of Nielson Road,
approximately 400 feet east of its intersection with Highway 99, Gridley
area. (1229)
MOTION: TO GRANT A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT
FOR THE BIG VALLEY CHEMICAL COMPANY TENTATIVE PARCEL MAP ON
AP 24-11-76, FINDING THRT THE PROJECT COULD HAVE A SIGNIFICANT
EFFECT ON THE ENVIRONMENT, BUT WILL NOT HAVE A SIGNIFICANT EFFECT
IN THIS CASE PROVIDED THE PROPOSED MITIGATION MEASURE IS COMPLIED
WITH, AND FIND THAT THIS PROJECT .CONFORMS TO THE APPLICABLE
BUTTE COUNTY ZONING. AND GENERAL PLAN; FURTHER MOVE TO UPHOLD
THE APPEAL OF THE ADVISORY AGENCY'S DENIAL OF THE TENTATIVE
PARCEL MAP FOR BIG VALLEY CHEMICAL COMPANY; WITH THE APPROVAL
SUBJECT TO THE MITIGATION MEASURE AND CONDITIONS OF APPROVAL
AS THEY ARE NOTED ON THE MEMOS TO THE BOARD OF SUPERVISORS DATED
NOVEMBER 21, 1985 AND NOVEMBER 21, 1985 (SUPPLEMENT).
Page 225
December 3, 1985
December 3, 1985
M S
VOTE : l Y 2 Y 3 Y 4 A
5 Y (Motion carried)
85-779 Additional items. (T 483)
T. Supervisor Dolan - report on Intergovernmental Chico Issues Committee
meeting.
MOTION: DIRECT COUNTY COUNSEL TO DRAFT AN AGREEMENT THAT WOULD BE
PRESENTED TO THE CITY OF CHICO WHEREBY THE COUNTY WOULD OFFER
PROPERTY TAX REVENUES NOME IMPOUNDED BE RELEASED ON A 40 (COUNTY}-
40 (CITY)-20 (IMPOUNDED)q; OR, IF THE CITY SO CHOSES, 50
(COUNTY)-40 (CITY}-10 (IMPOUNDED)% WITH THE PROVISO THAT THIS
DOES NOT ELIMINATE THE COUNTY'S ABILITY TO PROTEST ANNEXATIONS
OR SPLITS THAT MAY BE FORTHCOMING; AND AUTHORIZE THE CHIEF
ADMINISTRATIVE OFFICER TO NEGOTIATE THE AGREEMENT.
M S
VOTE: T Y 2 Y 3 Y 4 A 5 Y (Motion carried)
ADJOURNMENT: There being nothing further before the Board at this time,
the meeting was adjourned at 2:49 p.m. to reconvene on
Tuesday, December T7, T9,~5 at 9:00 a.m.
ATTEST:
MARTIN J. NICHOLS, Chief Administrative
Officer and Clerk of the Board
By
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n , ~oa~d Ofi ~Lt~pervl sors
December 3, 1985