HomeMy WebLinkAboutM120589December 5, 1989
Call to order - Board of Supervisors roam, County
Administration Building, 25 County Center Drive,
Oroville. Supervisors Dolan, Mclnturf, McLaughlin,
Vercruse and Chairman Fulton present. William H.
Randolph, chief administrative officer; Susan Minasian,
county counsel; and Carol Roach, assistant clerk of the
Board.
Pledge of allegiance to the Flag of the United States of
America.
89-519 Items removed from the Consent Agenda for Board
consideration and action.
~.. Salary ordinance amendment - the ordinance increases
the annual salary of the Director of Mental Health
to $41,600 - action requested - WAIVE THE FIRST
READING OF THE ORDINANCE.
2. Acting mental health director ~- an agreement has
been prepared with Ginger Iverson to appoint her as
acting mental health director for up to six months
commencing October 17, 1989 at the current salary
until December 23, 1989 at which time the salary
ordinance increasing the position compensation would
become effective -~ action requested -~ APPROVE
AGREEMENT AND AUTHDRIZE THE CHAIRMAN TO SIGN.
3. Sale of County property, AP 06-37-9 - Board
authorization is requested for the sale of property
20 feet by 680 feet (13,600 square feet) in Chico
to an adjoining land owner, Lands End Real Estate
Development, for $9,000, plus $300 to reimburse the
County for an appraisal report and payment of
incidental costs. The County will retain a drainage
easement on the property. Concurrence of the sale
has been obtained from the Planing Commission -
action requested - DECLARE PROPERTY SURPLUS TO THE
NEEDS OF THE COUNTY, APPROVE THE SALE OF PROPERTY,
AND AUTHORIZE THE CHAIRMAN TO SIGN THE DEED
TRANSFERRING THE PROPERTY.
Page 336 December 5, 1989
November 21 1989
MOTION: MOVE TO DENY THE APPEAL, AND FINDING THAT THE
REQUIREMENTS OF CEQA HAVE BEEN COMPETED WITH,
I MAKE A MOTION TO ADOPT A NEGATIVE DECLARATION
WITH ENVIRONMENTAL MITIGATIONS FOR THE
SYCAMORE VALLEY ESTATES, PHASE II, TENTATIVE
SUBDIVISION ON AP 47-62-10 AND 11 AND AP 47-
63-04, 07, 08, 09, 10 AND 11, REVISED MAP NO.
3, FINDING THE PROJECT COULD HAVE AN EFFECT ON
THE ENVIRONMENT BUT WILL NOT HAVE A SIGNIFICANT
EFFECT IN THIS CASE PROVIDED THE REQUIRED
MITIGATION MEASURES ARE COMPLIED WITH. THOSE
MITIGATION MEASURES ARE ITEMS NO. 1 AND NO. 2
AS LISTED WITHIN THE PLANNING DIRECTOR'S REPORT
OF JUNE 20, 1989. THE MOTION IS MADE FINDING
THAT THE PROJECT TS IN CONFORMANCE WITH THE
BUTTE COUNTY GENERAL PLAN AND BUTTE COUNTY
ZONING. HAVING FOUND THE ABOVE, Z FURTHER MOVE
TO APPROVE THE PROJECT SUBJECT TO THE FOLLOWING
CONDITIONS, AND FINDING THAT APPROVAL WILL NOT
BE DETRIMENTAL TO THE HEALTH, SAFETY OR WELFARE
OF THE PEOPLE OF BUTTE COUNTY PROVIDED THE
REQUIRED CONDITIONS ARE COMPETED WITH.
CONDITIONS OF APPROVAL SHALL BE PUBLIC WORKS
CONDITIONS NO. 1 THROUGH NO. 17, PLANNING
CONDITION NO. 18, ENVIRONMENTAL HEALTH
CONDITIONS NO. 19 THROUGH NO. 24, MITIGATION
MEASURES NO. 25 AND NO. 26, AS NOTED IN LETTER
DATED SEPTEMBER 11, 1989 FROM BUTTE COUNTY TO
THE APPLICANT AS WELL AS BOARD OF SUPERVISORS'
CONDITIONS NO. 1: EXPAND THE POWERS OF CSA 94
TO INCLUDE STORM DRAINAGE MAINTENANCE; NO. 2:
PROVIDE GRANT DEEDS FROM ALL OWNERS OF RECORD
TO THE COUNTY OF BUTTE FOR A 60 FOOT WIDE
RIGHT-OF-WAY; AND NO. 3: CLEAN OUT ANDERSON
BRANCH TO UPPER LIMITS OF SUBDIVISION.
S M
VOTE: 1 Y 2 AB 3 Y 4 AB 5 Y (Unanimously Carried}
89-514 Public hearing - Cedell C. Miser - appeal of Butte County
Planning Commission's approval of Tehama Alcohol Recovery
Center, Inc. use permit (proposed negative declaration
regarding environmental impact} to establish a short-term
alcohol rehabilitation program for eighteen people as a
public/quasi-public use on property zoned AR-MH-1
(agricultural residential-mobile home-one acre parcels),
property located an the east side of Pentz Road,
approximately 3/4 mile south of DeMille Road at 4846
Pentz Road, identified as AP 055-30-0-054, Paradise.
(1376)(***00)
MOTION: MOVE TO UPHOLD THE APPEAL.
M S
VOTE: 1 Y 2 AB 3 Y 4 AB 5 Y (Unanimously Carried}
Page 334
November 21, 1989
December 5 1989
89-520 7. Appointment to Butte County Mosquito Abatement
District - action requested - REAPPOINT BERNARD
KNAPP (DISTRICT 5) TO SERVE UNTIL DECEMBER 31, 1993.
8. Franklin Lee Evans, Paradise - files a
claim in the amount of $200,000 as a result of
alleged injuries and damages sustained on or about
June, 1989 involving the Sheriff's Office - action
requested -DENY CLAIM AND REFER TO COUNTY COUNSEL
AND RISK MANAGEMENT.
9. Dennis Hixson, Chico - files a claim in the amount
of $10,457.16 as a result of alleged injuries and
damages sustained on ar about September 12, 1989
in an accident involving a County dump truck -action
requested -DENY CLAIM AND REFER TO COUNTY COUNSEL
AND RISK MANAGEMENT.
10. Fire Department - Board authorization is requested
to purchase a 1973 International CDF Model #5 for
the Cohasset Volunteer Fire Company - action
requested -- AUTHORIZE PURCHASE OF FIXED ASSET ITEM.
11. County Clerk - the final 1989/90 budget included a
$2,000 appropriation for fixed assets, but failed
to identify the funds were for the purchase of three
electronic typewriters - action requested -
AUTHORIZE PURCHASE OF FIXED ASSET ITEMS.
12. Woodridge District bond and coupons -
Board approval is requested of the petition from
Marjorie N. Geiger to replace, at her cost, a lost
bond and coupons upon petitioner depositing security
in the amount of $1,596 - action requested - ADOPT
RESOLUTION 89.200 AUTHORIZING BOND/COUPONS
REISSUANCE AND AUTHORIZE THE CHAIRMAN TO SIGN.
13. 1990 Butte County Fair budget - Board approval is
requested of the budget in the amount of $579,897 -
action requested - APPROVE BUDGET AND AUTHORIZE THE
CHAIRMAN TO SIGN.
14. Salary ordinance amendment - Air Pollution
Control District - Board authorization is requested
to authorize the adoption of a new classification
of Deputy Air Pollution Control Officer, range 55,
and establishing a flexibly staffed clerical
position - action requested - WAIVE THE SECOND
READING AND ADOPT ORDINANCE 2796.
15. Salary ordinance amendment _ the ordinance correctly
assigns the position of clerk administrator at range
49 instead of range 46 as previously submitted -
action requested - WAIVE THE FIRST READING OF THE
ORDINANCE.
Page 338 December 5, 1989
December 5, 1989
89-520 16. Salary ordinance amendment -- probation officer
I/II -~ this position is part of the previously
approved agreement with the Office of Criminal
Justice Planning for a grant extending victim
witness services - action requested - WAIVE THE
FIRST READING OF THE ORDINANCE.
17. Salary ordinance amendment - the ordinance changes
the typist clerk I/II position in the Public
Guardian/Public Administrator's Office to a flexibly
staffed position of typist clerk I/II/III -- action
requested - WAIVE THE FIRST READING OF THE
ORDINANCE.
18. Salary ordinance amendment - the ordinance adds one
health education I/II position to be 100 percent
state funded from the traffic safety agreement with
the State Office of Traffic Safety - action
requested - WAIVE THE FIRST READING OF THE
ORDINANCE.
19. Alternate office hours - pursuant to Butte County
Code Section 2-1, Board approval is requested for
a reduction in public office hours in the
Administrative, Cooperative Extension, County Clerk,
Elections, Public Guardian/Administrator, Public
Health and Recorder departments and South County
Municipal Court (Oroville and Gridley} and North
County Municipal Court (Chico and paradise} in order
to implement the 38 hour work week for general unit
employees - action requested - ADOPT RESOLUTION 89-
201 AND AUTHORIZE THE CHAIRMAN TO SIGN.
20. Butte County Transit monthly pass - recommended is
a transit "super pass" which would be good for
unlimited travel an both Butte County Transit and
Chico Area Transit Service -- action requested -
APPROVE THE USE OF MONTHLY PASSES ON BUTTE COUNTY
TRANSIT.
21. Paradise Express - an agreement for administration
of the Paradise Express has been prepared with the
Town of Paradise -action requested - APPROVE
AGREEMENT AND AUTHORIZE THE CHAIRMAN TO SIGN.
22. Memorandum of Understanding, Butte County Library
Services far Fiscal Year 1989/90 (City of
Oroville/County of Butte) - the proposed MOU
provides for city funding of the continuation of
library services at the Oroville branch of the
County library system for the balance of the 1989/90
fiscal year - action requested - APPROVE MOU AND
AUTHORIZE THE CHAIRMAN TO SIGN.
Page 339
December 5, 1989
December 5, 1989
89-520 23. Assignment of counsel - County Counsel proposes to
assign Butte County Employees Association v. County
of Butte to Carroll, Burdick and McDonough,
attorneys at law -action requested - APPROVE
ASSIGNMENT OF COUNSEL.
24. Assignment of counsel - County Counsel proposes to
assign Larry Suggett v. Director of Environmental
Health to Robert A. Glusman, attorney at law --
action requested - APPROVE ASSIGNMENT OF COUNSEL.
25. Assignment of counsel - County Counsel proposes to
assign Denton v. County of Butte to Marsh, Marsh,
Volpe and Molin, attorneys at law - action
requested - APPROVE ASSIGNMENT OF COUNSEL.
26. Assignment of counsel - County Counsel proposes to
assign Vandegrift v. Pacific Bell to Remy and
Thomas, attorneys at law - action requested -
APPROVE ASSIGNMENT OF COUNSEL.
27. Esplanade Manor contract - the contract provides a
socialization program far Mental Health Department
clients in the maximum amount of $51,234 for the
period July 1, 1989 through June 30, 1990 -- action
requested - APPROVE CONTRACT AND AUTHORIZE THE
CHAIRMAN TO SIGN.
28. Crestwood Hospitals, Inc. dba Crestwood Geriatric
Treatment Center contract -~ the contract provides
residential treatment services for the period
July 1, 1989 through June 30, 1990 in the maximum
amount of $58,400 - action requested - APPROVE
CONTRACT AND AUTHORIZE THE CHAIRMAN TO SIGN,
29. Memorandum of Understanding - Mental Health Data
System Microcomputer Users Association - provides
for data processing services far fiscal year 1989/90
in the amount of $14,280 - action requested
APPROVE MOU AND AUTHORIZE THE CHAIRMAN TO SIGN.
30. Oroville Hospital -- the contract provides emergency
room and ambulance services to designated clients
of the County"s Mental Health Inpatient Unit for
the term July 1, 1989 through June 30, 1990 in the
maximum amount of $22,500 - action requested -
APPROVE CONTRACT AND AUTHORIZE THE CHAIRMAN TO SIGN.
31. Victor Residential Centers, Inc. - the contract
provides residential treatment services to mentally
ill adolescents for the term July 1, 1989 through
June 30, 1990 in the maximum amount of $132,280 -
action requested - APPROVE CONTRACT AND AUTHORIZE
THE CHAIRMAN TD SIGN.
Page 340
December 5, 1989
December 5, 1989
89-520
32. Family Planning Amendment No. 88-93870, A-01 - this
amendment reflects the changes in the current State
budget which adjusts from $40,000 to $31,200 the
maximum amount payable to the County during the
1989/90 fiscal year and the two year contract
maximum from $80, 000 to $71, 200 - action requested -
APPROVE AMENDMENT AND AUTHORIZE THE CHAIRMAN TO SIGN
SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR.
33. State Office of Traffic Safety - a traffic safety
agreement has been
Health Department
educational program
of crashes involvi
pedestrians. The th
State funded in the
requested - APPROV]
CHAIRMAN TO SIGN SUB.
AND THE AUDITOR.
prepared wherein the Public
will plan and execute an
designed to decrease the number
ng automobiles, bicycles and
ree year project is 100 percent
amount of $123,633 - action
AGREEMENT AND AUTHORIZE THE
TECT TO REVIEW BY COUNTY COUNSEL
34. State Department of Social Services - an agreement
has been prepared establishing the County as the
entity responsible for performing licensing
functions for foster family home facilities. This
has been standard procedure for the County, and does
not require a County match - action requested -
APPROVE AGREEMENT AND AUTHORIZE THE CHAIRMAN TO SIGN
SUBJECT TO REVIEW BY COUNTY COUNSEL.
35. Leave of absence - County Counsel requests Board
approval of a four month leave of absence without
pay commencing January 2, 1990 to May 2, 1990 -
action requested - APPROVE LEAVE OF ABSENCE.
3f . Assignment of Acting County Counsel - Board approval
is requested for the assignment of Chief Deputy Neil
McCabe as Acting County Counsel at the salary of
County Counsel from salary savings realized from the
leave of absence without pay of County Counsel -
action requested - APPROVE ASSIGNMENT.
37. Feather Falls Union School District - consolidation
of election request - action requested - ACKNOWLEDGE
RECEIPT OF THE DISTRICT'S RESOLUTION, DIRECT THE
CLERK OF THE BOARD TO NOTIFY ALL DISTRICTS AND
REQUEST INPUT ON THE EFFECT OF CONSOLIDATION, AND
DIRECT THE COUNTY CLERK TO PREPARE AN IMPACT
ANALYSIS OF THE PROPOSED CONSOLIDATION.
38. Advance step hiring - air quality engineer I and
II - Board authorization is requested for advance
step hiring up to step 5 of the salary range -
action requested - AUTHORIZE ADVANCE STEP HIRING,
Page 341
December 5, 1989
December 5 1989
89-520 39. Salary ordinance amendment -- acting county counsel -
proposed is a salary ordinance amendment temporarily
budgeting one chief deputy county counsel position
alternately as chief deputy county counsel/county
counsel - action requested - WAIVE THE FIRST READING
OF THE ORDINANCE.
40. Butte County Jail Facilities Program - proposals
have been received and evaluated for the conduct of
pre-architectural facility programming for a new
jail with the recommendation that Jay Farbstein and
Associates, Inc. of San Luis Obispo be selected in
the amount of $43,305 - action requested - APPROVE
SELECTION OF CONSULTANT AND AUTHORIZE THE CHIEF
ADMINISTRATIVE OFFICER AND SHERIFF TO NEGOTIATE AND
ENTER INTO AN AGREEMENT ON BEHALF OF THE COUNTY.
41. Butte County Hazardous Waste Management Plan - the
Planning Department has submitted a status report
based on correspondence from the Department of
Health Services W action requested - INFORMATION
ONLY.
MOTION: MOVE TO APPROVE THE CONSENT AGENDA WITH THE
REMOVAL OF ITEMS 3.16, 3.28 AND 3.43.
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
Regular Agenda
89-521 Items removed from the Consent Agenda for Berard
consideration and action.
1. Salary ordinance amendment -the ordinance increases
the annual salary of the Director of Mental Health
to $41,600 - action requested - WAIVE THE FIRST
READING OF THE ORDINANCE. (54)
2. Acting mental health director - an agreement has
been prepared with Ginger Iverson to appoint her as
acting mental health director for up to six months
commencing October 17, 1989 at the current salary
until December 23, 1989 at which time the salary
ordinance increasing the position compensation would
become effective - action requested - APPROVE
AGREEMENT AND AUTHORIZE THE CHAIRMAN TO SIGN.
MOTION: MOVE TO WAIVE THE FIRST READING OF THE
ORDINANCE AND APPROVE AGREEMENT AND AUTHORIZE
THE CHAIRMAN TO SIGN.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
Page 342
December 5, 1989
December 5, 1989
3. Sale of County property, AP 06-37-9 _ Board
authorization is requested for the sale of property
2D feet by 680 feet (13,600 square feet) in Chico
to an adjoining land owner, Lands End Real Estate
Development, for $9,000, plus $300 to reimburse the
County for an appraisal report and payment of
incidental casts. The County will retain a drainage
easement on the property. Concurrence of the sale
has been obtained from the Planing Commission -
action requested - DECLARE PROPERTY SURPLUS TO THE
NEEDS OF THE COUNTY, APPROVE THE SALE OF PROPERTY,
AND AUTHORIZE THE CHAIRMAN TO SIGN THE DEED
TRANSFERRING THE PROPERTY. {238)
MOTION: MOVE THAT THE GENERAL SERVICES ADMINISTRATOR
ADVISE THE ADJOINING LANDOWNERS OF THE
AVAILABILITY FOR SALE OF THIS PROPERTY TO
DETERMINE IF THERE IS AN INTEREST ON THEIR
BEHALF.
M S
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried}
89-522 Appointments - commissions and committees. (550)
a. Appointments to committee vacancies.
b. Appointment of a Board of Supervisors member to the
Tri-County Economic Development Corporation to serve
until June 30, 1991.
MOTION: MOVE TO REAPPOINT SUPERVISOR DOLAN AS THE BOARD
OF SUPERVISORS MEMBER TO THE TRI-COUNTY
ECONOMIC DEVELOPMENT CORPORATION TO SERVE UNTIL
JUNE 3D, 1991.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
89-523 Presentation by the Association of Butte County Chambers
of Commerce -- action requested - ADOPT A RESOLUTION IN
RECOGNITION OF THE ASSOCIATION AND AUTHORIZE THE CHAIRMAN
TO SIGN. (636)
MOTION: MOVE TO ADOPT RESOLUTION 89-202 IN RECOGNITION
OF THE ASSOCIATION AND AUTHORIZE THE CHAIRMAN
TO SIGN.
M S
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
Page 3 /~ 3
December 5, 1989
December 5, 1989
89-524 CLDSED SESSION: The Board recessed to closed session
at 9:30 a.m. for meet and confer and
actual litigation pursuant to
Government Code Section 54956.9(x)
of Organ v. Dolan, Payne v. County
of Butte, Suggett v. Butte Caunty
Environmental Health, Santos v.
Austin, St. Clair v. Caunty of Butte,
Rushing v. County of Butte, and
potential litigation pursuant to
Government Code Section 54956.9 (b)
of bankruptcy.
RECONVENE: The Board reconvened at 10:33 a.m,
fallowing a closed session on actual and
potential litigation, and meet and confer.
(NO ANNOUNCEMENTS) (SUPERVISORS McINTURF
AND McLAUGHLIN NOT PRESENT)
Public Hearings and Timed Items
89-525 Public hearing - consideration of applications for
Planning/Technical Assistance Grants to the State
Department of Housing and Community Development - action
requested -ADOPT RESOLUTIONS APPROVING THE APPLICATIONS
AND AUTHORIZE THE CHAIRMAN TO SIGN THE RESOLUTIONS,
APPLICATIONS AND STATEMENTS OF ASSURANCES. ($00)
(SUPERVISOR McINTURF PRESENT}
MOTION: MOVE TO ADOPT RESOLUTIONS 89-203 AND 89-204
APPROVING THE APPLICATIONS AND AUTHORIZE THE
CHAIRMAN TO SIGN THE RESOLUTIONS, APPLICATIONS
AND STATEMENTS OF ASSURANCES.
M S
VOTE: 1 Y 2 Y 3 Y 4 AB 5 Y (Unanimously Carried)
89-526 Public hearing - formation of County Service Area Na. 124
(A1amo East Subdivision} - the Local Agency Formation
Commission has approved the formation of CSA No. 124 for
the purpose of providing street lights and storm drainage
facilities. (850)
MOTION: MOVE TO ADOPT RESOLUTION 89-205 APPROVING THE
FORMATION OF CSA NO. 124 {ALAMO EAST
SUBDIVISION).
M S
VOTE: 1 Y 2 Y 3 Y 4 AB 5 Y (Unanimously Carried)
Page 344
December 5, 1989
December 5, 1989
89-527 Public hearing - Idalene S. Adams - abandonment of a ten
foot public utility easement for Lot 12, Oak Lawn Manor
Subdivision, identified as AP 43-26-26, Chico, (890}
MOTION: MOVE TD ADOPT RESOLUTION 89-206 APPROVING THE
ABANDONMENT.
M S
VOTE: 1 Y 2 Y 3 Y 4 AB 5 Y (Unanimously Carried)
89-528 Public hearing - Samuel J. Roth, M.D. - abandonment of
a 60 foot right-of-way known as Fletcher Road, Oroville,
AP 27--12-11. (920}
MOTION: MOVE TO ADOPT RESOLUTION 89-207 APPROVING THE
ABANDONMENT.
M S
VOTE: l Y 2 Y 3 Y 4 AB 5 Y (Unanimously Carried)
Regular Agenda
89-529 Discussion of West Chico Estates road alignment, AP 43-
o4-la. {s5o}
(SUPERVISOR McLAUGHLIN PRESENT)
MOTION: MOVE TO SET A PUBLIC HEARING FOR
JANUARY 9, 1990 AT 11:00 A.M.
M S
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
89-530 Consideration of recruitment plan for Welfare Director -
actian requested: (1313)
a. ADOPT THE RECRUITMENT PLAN.
MOTION: MOVE TO ADOPT THE RECRUITMENT PLAN,
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
b. DESIGNATE A BOARD MEMBER TO SERVE ON THE SCREENING
PANEL. (CHAIRMAN FULTON APPOINTED SUPERVISOR
VERCRUSE TO SERVE ON THE SCREENING PANEL.)
c. APPROVE ADVERTISEMENT OF THE CURRENT SALARY LEVEL
DEPENDENT UPON QUALIFICATIONS OF APPLICANT.
MOTION: MOVE TO APPROVE RECRUITMENT UP TO $52,572 BASED
UPON QUALIFICATIONS OF APPLICANT.
M S
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
89-531 Treasurer-Tax Collector report on active treasury
investment policy. (1573) (PRESENTATION BY DICK
PUELICHER, TREASURER--TAX COLLECTOR)
Page 345 December 5, 1989
December 5. 1989
Public Hearincrs and Timed Items
59-532 Public hearing - William Hauselt - appeal of the Planning
Commission's requirement for an environmental impact
report on a rezone from A-10 (agricultural, ten acre
parcels} to SR-1 (suburban residential, one acre
parcels}, property located on the east side of Highway
99, identified as AP 47-43--03, north of Chico. (1746}
MOTION: MOVE TO ACCEPT THE RECOMMENDATIONS OUTLINED
IN STAFF MEMORANDUM OF NOVEMBER 2$, 1989 AND
MAKE THE FINDINGS LISTED; ADOPT A NEGATIVE
DECLARATION WITH MITIGATIONS WITH THE
CONDITIONS THAT ARE LISTED ONE THROUGH SIXTEEN;
INCORPORATE INTO THE PROPOSED CONDITIONS THE
NEW REVISED LIST STATING THE CONDITIONS FOR
THREE PROPERTY OWNERS {HAUSELT, AP 047-430-003;
LEVY, AP 047-440-012; LIPTRAP, AP 047-260-138);
AND THAT WOULD ALLOW FOR THE APPLICATION UNDER
CONDITIONAL ZONING.
M
VOTE: 1 2 3 4 5 {Nation died for lack of second)
(HEARING CONTINUED OPEN TO DECEMBER 19, 1989 AT
6:30 P.M,)
89-533 Continued hearing - Lucky Seven Ranch Christian
Fellowship - consideration of appeal of a use permit to
convert existing warehouse into a church on property
zoned "U" (unclassified), S-H (scenic highway) (proposed
negative declaration with mitigation measures regarding
environmental impact), property located on the northeast
corner of Clark Road and O'Neal Road approximately nine
miles north of Oroville on Clark Road, 2,400 feet north
of Highway 70, AP 41-15-31, Oroville. (2367)
MOTION: MOVE TO UPHOLD THE APPEAL.
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y {Unanimously Carried)
Reciular Agenda
(SUPERVISORS McLAUGHLIN AND VERCRUSE NOT PRESENT}
89-534 Closed hearing - Rolls, Anderson & Rolls on behalf of
James Black - consideration of a rezone (proposed
negative declaration regarding environmental impact) from
A-5 {agricultural - five acre parcels), to SR--1/2
(suburban residential}, property located at the northeast
corner of Turner Lane and Burdick Road, approximately
1,100 feet south of Durham-Dayton Highway, identified as
AP 039-24-0-020, Durham. (2760) (~*00)
Page 346
December 5, 1989
December 5 , 3.989
RECESS: 11:35 A.M.
RECONVENE: 11:40 A.M.
89-535 Closed hearing - Rolls, Anderson & Rolls on behalf of
James Black - consideration of a rezone (proposed
negative declaration regarding environmental impact) from
A-5 (agricultural - five acre parcels), to SR-1/2
(suburban residential), property located at the northeast
corner of Turner Lane and Burdick Raad, approximately
1,100 feet south of Durham--Dayton Highway, identified as
AP 039-24-0-020, Durham. (CONTINUED HEARING CLOSED TO
JANUARY 23, 1990)
89-536 Closed hearing - consideration of a resolution
establishing new fees and increasing existing fees in the
Planning Department - action requested - ADOPT A
RESOLUTION AND AUTHORIZE THE CHAIRMAN TO SIGN. {35)
{SUPERVISORS McLAUGHLIN AND VERCRUSE PRESENT)
MOTION: MOVE TO ADOPT RESOLUTION 89-20$ AND AUTHORIZE
THE CHAIRMAN TO SIGN.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
89-537 Board interpretation pursuant to Butte County Cade
Section 24-20(d) for fish ponds and accessary uses in
agricultural zones. (590)
MOTION: MOVE TO FIND THAT {1) THE SALE OF BEER AND
WINE, ESTABLISHMENT OF A BAIT AND TACKLE STORE,
THE SELLING OF FOOD PRODUCTS NOT GROWN OR
PRODUCED ON-SITE, AND THE OPERATION OF A "SMOKE
HOUSE" FOR THE CURING AND SMOKING OF MEAT
PRODUCTS, IS NOT COMPATIBLE WITHIN AN
AGRICULTURAL ZONE; (2) FIND THAT THE ACCESSORY
USES TO AN AQUACULTURE OPERATION xNCLUDE
ALLOWING ON~SITE FISHING FOR THE PUBLIC, THE
RENTAL OF FISHING EQUIPMENT, THE SALE OF BAiT
AND FISHING TACKLE NECESSARY FOR ON-SITE
FISHING, THE CLEANING, PREPARATION AND SALE OF
FISH PRODUCED ON-STYE, INCLUDING SMOKING FISH
GROWN ON-SITE; AND (3) RECOMMEND THAT THE BOARD
DIRECT THE PLANNING COMMISSION TO REVIEW THE
DEFINITION OF AGRICULTURAL-PROCESSING AND
FORWARD RECOMMENDATIONS.
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
Page 347
December 5, 1989
December 5, 1989
Air Pollution Control Board
Recess at 12:21 p.m. as the Board of Supervisors and
convene as the Air Pollution Control District Board of
Directors. (1175)(***00)
89-538 Approval of minutes of October 31, 1989 - action
requested - APPROVE MINUTES.
MOTION: MOVE TO APPROVE THE MINUTES OF OCTOBER 31,
1989.
S M
VOTE: 1 NV 2 NV 3 Y 4 Y 5 Y (Unanimously Carried)
89-539 Memorandum of Understanding - Butte County Association
of Governments - provides $70,000 to the Air Pollution
Control District to meet the transportation control
requirements of the California Clean Air Act - action
requested - APPROVE THE MEMORANDUM OF UNDERSTANDING AND
AUTHORIZE THE CHAIRMAN TO SIGN.
MOTION: MOVE FOR ACTION AS REQUESTED.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
89-540 Closed hearing -- consideration of implementation of a
countywide Motor Vehicle Inspection Program (MVIP} by the
State of California.
(CHAIRMAN FULTON NOT PRESENT)
(CHAIRMAN FULTON PRESENT)
MOTION: MOVE TO IMPLEMENT A COUNTYWIDE MOTOR VEHICLE
INSPECTION PROGRAM (MVIP}.
M S
VOTE: 1 N 2 Y 3 Y 4 N 5 N (Motion Failed}
MOTION: MOVE TO DIRECT JEFF MOTT, AIR POLLUTION CDNTRDL
OFFICER, TO CONTACT THE COUNTIES IN THE BASIN
TD HOLD A WORKSHOP HERE IN BUTTE COUNTY AND
INVITE SUPERVISORS AND AIR QUALITY PEOPLE FROM
EACH COUNTY TO COME TOGETHER TO ADDRESS THE
PROBLEM ON A BASIN-WIDE BASIS TO SEE IF THERE
IS ANY CONSENSUS TO MAKING SOME MINIMUM MOVES
TOWARD DOING THAT.
M S
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y {Unanimously Carried)
The Air Pollution Control District Board of Directors
adjourned at 1:10 p.m. to reconvene as the Butte County
Board of Supervisors.
Page 348
December 5, 1989
December 5, 1989
Public Hearin s and ,T..,,_
_ g imed Items
89-541 Public hearing - William Hauselt - appeal of the Planning
Commission's requirement for an environmental impact
report on a rezone from A-10 (agricultural, ten acre
parcels) to SR-1 (suburban residential, one acre
parcels}, property located on the east side of Highway
99, identified as AP 47-43-D3, north of Chico. (56) (NO
ACTION TAKEN)
89-542 CLOSED SESSION: The Board recessed at 1:12 p.m. to
closed session for potential and
actual litigation as announced under
minute order 89-524.
RECONVENE: The Board reconvened at 1:45 p.m.
following a closed session on potential
and actual litigation. {NO ANNOUNCEMENTS)
Communications
89-543 Communications received and referred. (COPIES OF ALL
COMMUNICATIONS ARE AVAILABLE IN THE CLERK OF THE BOARD
OFFICE.)
a. John H. Nopel, President, Butte Caunty Library
Corporation - writes forwarding information
concerning operation of the Chico and Gridley
libraries with respect to requirements of
indenture - action requested - REFER TO
ADMINISTRATIVE OFFICE.
89-544 Public Comment. (PRESENTATIONS WILL BE LIMITED TO FIVE
MINUTES. THE BOARD OF SUPERVISORS IS PROHIBITED BY STATE
LAW FROM TAKING ACTION ON ANY ITEM PRESENTED IF IT IS NOT
LISTED ON THE AGENDA.) (NONE)
Page 349
December 5, 1989
December 5, 1989
ADJOURNMENT: There being nothing further before the
Board at this t~.me, the meeting was
adjourned at 1:45 p.m. to reconvene on
Tuesday,/~ecember 12, 1989 at 10:00 a.m.
Board of ~pervisors
ATTEST:
WTLLTAM H. RANDO
and Cle k of th
By:
H, Chief Administrative Officer
oard of Supervisors
Page 350
December 5, 1989