HomeMy WebLinkAboutM121785December 17, T985
CaTI to order - Board of Supervisors room, County Administration
Building, 25 County Center Drive, OroviTTe.
Present: Supervisors Dolan, McInturf, McLaughlin, Wheeler and
Chairman Fulton; Martin J. Nichols, chief administrative officer;
Harvey Wallace, county counsel; and Rubye Townsley, deputy clerk
of the Board.
Pledge of allegiance to the Flag of the United States of America.
85-780 Additional items from Board members to be addressed at the end
of the day.
1. Supervisor Wheeler - comments regarding Highway 32; discussion
of land use issue; Californians Against Double Taxation; and
Clipper service during holidays.
2. Supervisor McLaughlin - status of Municipal Affairs agreement.
3. Chairman Fulton - special meetings; PIC.
85-781 Items added to the Consent Agenda:
T. Head Start Program - relinquishment - the U.S. Department
of Health and Human Services desires specific approval of its
intention to relinquish the Head Start Program as of the end
of 7985, agreeing to perform a closeout audit identifying
inventories and covering outstanding issues which may be raised.
2. Court referral work volunteers - an agreement has been prepared
with the State Department of Transportation covering the placement
of court referral work volunteers to perform litter pick-up,
weed removal and various other duties at the Oroville and Chico
maintenance stations.
3. Detention facility equipment - authorization is requested
to acquire two commercial toasters at an estimated cost of $750.
Page 227
$5-782 Items removed from the Consent Agenda:
1. Budget transfers.
2. Notice of completion - Sheriff's Office reroofing project.
3. Allen R. Kennedy, Chico - writes forwarding a petition
reauesting that the Board of Supervisors initiate proceedings
disbanding County Service Area 87.
~149~3 Consent Agenda
1. ApproWal of minutes. APPROVED MINUTES OF NOVEMBER 19, NOVEMBER
27, AND DECEMBER 3, 1985.
2. Ron Graves & Associates - on behalf of Bob Condon, appeal
the Advisory Agency's denial of tentative parcel map {proposed
negative declaration regarding environmental impact},
AP 27-22-124 and 125, four parcels, property located on the
north side of Melody Lane approximately one mile east of
its intersection with Palermo Honcut Ffighway, Palermo area.
SET HEARING DATE FOR JANUARY 7, 1986 AT 3:00 P.M.
3. Gary Rawlins - abandonment - sanitary sewer easement,
AP 42-56-i8, 19, 2l and 22, Chico (File $6-I6}. ADOPTED
RES0Ll~TION 85-196A SETTING HEARING DATE FOR FEBRUARY 4, 1986
AT T0:3O A.M.
4. Jim Fink - proposed negative declaration and rezone from
U (unclassified} to TM-1 and 2 {timber mountain - one and
two acre parcels} for property located on the north side
of Bald Rock Road, approximately ane mile east of Oro Quincy
Highway, identified as AP 62-5fi-07, northeast of Oroville.
SET HEARING DATE FOR FEBRUARY 4, 1986 AT 10:30 A.M.
5. S. S. Hinaman - appeals the Planning Commission's denial
of a use permit to allow the reconstruction of a structure
located in the side yard setback one foot from the property
line (categorically exempt from environmental review} for
property zoned TM-i (timber mountain - ane acre parcels}
located on the southeast corner of Lakeside Way and Cedar
Path, identified as RP 62-1i6-37, Lake Madrone area, northeast
of Orovilie. 5ET HEARING DATE FOR FEBRUARY 4, T986 AT
71:00 A.M.
Page 228
December 17, 1985
85-783 6. Drake/Isam - appeal of the Planning Commission's denial of
(Cont'd) 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-7/2
(suburban residential - 1/2 acre parcels} on property located
an 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 (File 83-50). SET NEARING DATE FOR
FEBRUARY 4, 1986 AT 11:30 A.M.
7. Continued hearing - Butte County Planning Commission proposed
negative declaration and rezone from A-2 (general) to zoning
compatible with the industrial General Plan designation
including L-I {limited industrial), M-1 (light industrial),
and M-2 {heavy industrial) in the south Chico area (File
8b-2) (from 11/5/87}. RESET NEARING DATE FOR FEBRUARY 4,
1986 AT 2:D0 P.M..
8. Verne 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} for
property located at the northwest corner of Kennedy Avenue
and East Avenue, identified as AP 42-08-77, Chico. RESET
NEARING DATE FOR FEBRUARY 4, 1986 AT 2:30 P.M.
9. Appointor-tents to Paradise Memorial Hall Committee. APPOINTED
ED WHITE, DELEGATE, AND VERNON ELARTH, ALTERNATE, REPRESENTING
THE CALIFORNIA VETERANS SQUARE DANCE ASSOCIATION TO SERVE
UNTIL DECEMBER 31, 1986.
T0. Appointments to the Drug Abuse in Schools Advisory Committee.
APPOINTED WALT BEELER, MURIEL KELLEHER, FATHER JOHN CROWLEY,
DR. WILLIAM DRESSER, FRANCIS SMITH, MARIAN BRAMBLE GAGE,
DR. WILLIAM GTBSON, GARNEE FAULKNER, KRISANNE CHRISTENSEN,
JOE GOOLSBY, BRAD JACKSON, MARISA BARBARA, MICK GREY,
MIKE KELLY AND JOAN KUHL TO SERUE UNTIL DECEMBER 31, 1987.
11. Appointments to Butte Cocnty Mosquito Abatement District.
REAPPOINTED BERNARD KNAPP AND LYNN VANHART TO SERVE UNTIL
JANUARY 7, 1990.
i2. Appointments to Rock Creek Reclamation District. APPOINTED
BOB HENNIGAN, JEFF SHIMIZU AND RICHARD McGOWAN TO A TERM
AS SPECIFIED IN LAW.
13. Appointments to Gridley Memorial Na71 Committee. APPOINTED
TIM TOKUNO AND SAM McKAY, VFW POST 5731; HERBERT PERKINS,
AMERICAN LEGION POST 210: RAY ROBERTS, NORTH VALLEY DANCE
GROUP; AND GEORGE ALCOCK, ROTARY CLUB.
Page 229
December 17, 1985
$5-783 74. Jack L. Taylor, attorney at law - on behalf of David Saylor,
(Cont'd) files claim in the amount of $548,712 for alleged injuries
sustained as a result of a motorcycle accident at the
intersection of Palermo Road and Lone Tree Road on August 4,
1985. REJECTED CLAIM AND REFERRED TO COUNTY COUNSEL AND
RISK MANAGEMENT.
15. Ronald M. Sinoway, attorney at law - on behalf of
Danny Clements and Patricia Clements, files a claim in the
amount of $25,000,000 for alleged wrongful death of
Danny David Clements on August 14, 7985. DENIED CLAIM ANp
REFERRED TO COUNTY COUNSEL AND RISK MANAGEMENT.
16. 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 an the legislatively set
salaries for judges. WAIVED SECOND READING AND ADOPTED
ORDINANCE N0. X504.
17. Salary ordinance amendment - the ordinance adds one deputy
district attorney position and one deputy district attorney
investigator position to the District Attorney's Office;
reclassifies one juvenile hall counselor position {vacant)
to the Tower classification of typist clerk III; and deletes
five deputy county counsel positions. WAIVED THE FIRST
READING OF THE ORDINANCE.
18. Fee schedule - environmental health services - Town of
Paradise - a resolution has been prepared providing for
a fee schedule far a portion of the environmental health
services for the Town of Paradise. ADOPTED RESOLUTION 55-197
RND AUTHORIZED THE CHAIRMAN TO SIGN.
19. Resolution in recognition of James Gilpatrick, retiring
fire chief in Paradise. ADOPTED RESOLUTION 85-i98 AND
AUTHORIZED CHAIRMAN TO SIGN.
20. Community Action Agency equipment request - the a envy
requests Board authorization to purchase a stove, 650,
and dishwasher, $600, utilizing Head Start funds as part
of the Washington Center at the Chico site and for the
purchase of a vehicle utilizing expansion Head Start funds
for the Paradise Center. AUTHORIZED ACQUISITION OF EQUIPMENT
ITEMS.
2I. Fire Department property acquisition - the Butte College
Volunteer Fire Department (Company 25) desires to donate
a 1972 Ford pickup chassis (vehicle identification
No. F37YCM89070) as county property to replace an existing
squad chassis which has been determined to be beyond safe
use. ACCEPTED DONATION OF THE PICKUP CHASSIS AS COUNTY
PROPERTY AND AUTHORIZED LETTER OF APPRECIATION TO THE BUTTE
COLLEGE VOLUNTEER FIRE CHIEF AND COMPANY 25.
Page 230
December 17, 1985
85-783 22. Fire Department - substitution of fixed assets - the Fire
(Cont'd~ Department requests a deletion of 20 self-contained breathing
apparatus from the budget and utilization of the existing
$30,000 appropriation to acquire the following items:
68 pager monitors, $25,670; 2 handle talkies, $1,300; floto
pump, $830; chain saw, $400; rescue saw, $900; and portable
generator, $900. AUTHORIZED SUBSTITUTION OF FIXED ASSETS
AND AUTHORIZED PURCHASE.
23. Capital Facilities Master Plan - the Institute for Law and
Policy Planning has prepared a draft of the master plan
and submitted the document to the Administrative Office
for review. The organization requests the release of $3,OOa
of the lO% withholding brought about as a result of the
county's review processes. AUTHORIZED RELEASE OF $3,000
OF WITHHOLDING AMOUNTS.
24. Report on status of Butte County Detention Facility - Minimum
Security/Work Release Dormitory. APPROVED CONTRACT AMENDMENT
WITH THE STATE DEPARTMENT OF CORRECTIONS AND AUTHORIZED
THE CHAIRMAN TO SIGN.
25. Status of investments - the Treasurer submits the
November 1985 report in accordance with AB 1073 and the
county's investment policy. ACCEPTED FOR INFORMATION.
26. Penalty abatement requests - change of ownership reports.
APPROVED THE FOLLOWING PENALTY ABATEMENT REQUESTS AS
RECOMMENDED BY CHIEF ADMINISTRATIVE OFFICER: GERALD COMPTON,
AP 047-38-0-003-0; FANNY LOUISE FERRARI, AP O28-39-0-064-0,
065-0, 066-0, 067-0, -68-0, 069-0, 070-0, 071-0, AND 072-0;
LYLE AND BARBARA DAM, AP 065-14-0-039-0; CLIFFORD ENDICOTT,
AP 056-11-0-073-0; CHARLES SISCO, AP 066-09-0-011-0; NASSAU
LIFE INSURANCE COMPANY, LTD, TRUSTEE FOR JOSHUA PALMS
INVESTMENTS, AP 058-26-0-008-0; FREDERICK AND AMY RAWLINS,
AP 047-44-0-026-0; MARY JILL RAMSEY AND JAMES C. MOREHEAD,
AP 003-01-2-007-0; FRANCES E. LOOMAN, AP 076-29-0-605-0;
ROBERT D. AURENTZ, AP 074-76-0-039-0; JOHN D. LURLLEN AND
ROBERT J. DUBOSE, AP 040-20-0-071-0, 042-22-0-017-0; CAROL
A. LESTER, AP 035-18-2-009-0; ROBERT W. SILRCCI, AP
Olt-30-0-030-0; CRAIG J. BROWN, AP 045-27-2-004-0;
GREG E. BAKER, AP 065-05-0-019-0; JOSEPH D. GROTTY,
AP 074-01-0-009-0; AND JAMES AND GAIL AGUILAR AND
DAVID AND SHARi HOPPER, AP 043-26-0-047-0. AND DENIED THE
FOLLOWING PENALTY ABATEMENT REQUEST A5 RECOMMENDED BY THE
CHIEF ADMINISTRATIVE OFFICER: RANCHHODBHAI AND
ANURADHA PATEL, AND DAHYHBHAI AND TARU PATEL,
AP 005-23-3-003-0.
Page 231
December 17, 1985
85-783 27. National School Lunch, Basic Breal
(Cont'd; Program audit - a letter agreement
Coopers & Lybrand, certified public
the audit for program years ending
in an amount not to exceed $2,100.
TO SIGN LETTER AGREEMENT.
kfast and Special Milk
has been prepared with
accountants, to conduct
June 30, 1984 and 1985
AUTHORIZED THE CHAIRMAN
28. Industrial development bond transfer allocation - the City
of Chico requests, and the Industrial Development Authority
recommends, the transfer of private activity bonds from
the county's 5O% allocation amounting to $400,000 for
expansion of a skilled nursing care facility to 144 beds
for CAREAGE (the Lynn Family Partnership). ADOPTED
RESOLUTION 85-199 TRANSFERRING PRIVATE ACTIVITY BONDS.
29. Highway easement - Nelson Road crossing of Southern Pacific
Railroad, Crossing No. C-171.5 - a resolution has been
prepared authorizing execution of a highway easement far
the Nelson Road crossing of Southern Pacific Railroad.
No cost is involved. ADOPTED RESOLUTION 85-200 AUTHORIZING
THE CHAIRMAN TO EXECUTE THE EASEMENT.
30. North Burbank Public Utility District - property exchange
agreement - an agreement has been prepared with the district
as part of the Villa Verona Community annexation wherein
the district agrees that no property tax will be exchanged
as a result of the annexation. APPROVED AGREEMENT AND
AUTHORIZED THE CHAIRMAN TO SIGN.
31. Settlement agreement - Systems and Computer Technology
Corporation - an agreement has been prepared settling the
possessory interest taxation case {superior Court Case
No. 82665). APPROVED SETTLEMENT AGREEMENT AND AUTHORIZED
THE CHAIRMAN TO STGN.
32. Bidwell Wildlife Rehabilitation Center - an agreement has
been prepared with the center in the amount of $2,000
providing for the caring of birds and animals as approved
in the budget. APPROVED CONTRACT AND AUTHORIZED THE CHAIRMAN
TO SIGN.
33. Mental Health medical grant - the North Valley Health Services
Library Consortium, for which the Mental Health Department
participates with ll other agencies, has been awarded a
$4,000 grant for 1985-86 to expand the health and medical
professional library services of each institution. ACCEPTED
GRAINY AND APPROPRIATED FUNDS.
34. School-Community Prevention Project - a renewal agreement
has been prepared with the State Department of Education
in the amount of $26,950 to provide a network of communication
among professional service agencies and to create a
partnership to effectively aid in reducing or preventing
the use and abuse of drugs by adolescents. No local funds
are required. APPROVED AGREEMENT AND AUTHORIZED THE CHAIRMAN
TO SIGN. page 232
December 17, 1985
85-783 35. Homeless mentally i17 proposal - a proposal has been prepared
(Cont'd} by the Mental Health Department to provide services to the
homeless mentally ill in developing a community support
system to provide training, screening, development of
individual service plans, and referral to service providers.
Proposed is $87,266 .for the first year which will require
a county match of $8,727. ENDORSED THE HOMELESS MENTALLY
ILL PROPOSAL AND AGREED TO PROVIDE THE $$,727 LOCAL COUNTY
MATCH.
36. Communications.
a. California Association for Local Economic Development -
writes supporting the activities of the Butte County Economic
Development Corporation. ACCEPTED FOR INFORMATION.
b. CAREAGE - writes supporting the Economic Development
Corporation activities in financing and building nursing
homes in Orovi7le and Chico. ACCEPTED FOR INFORMATION.
c. City of Gridley - writes advising that the mayor has
assigned the city's solid waste/recycling considerations
to an already established solid waste committee. ACCEPTED
FOR INFORMATION.
d. State Department of Commerce - writes advising that
Chairman Fuiton's statements regarding Governor Deukmejian's
Rural Renaissance initiative has been referred to their
department and expresses appreciation for Butte County's
input. ACCEPTED FOR INFORMATION.
e. Senator Pete Wilson - writes responding to the county's
concerns making enrollment of state and local government
employees in Social Security and Medicare mandatory. ACCEPTED
FOR INFORMATION.
37. Head Start Program - relinquishment - the U.S. Department
of Health and Human Services desires specific approval of
its intention to relinquish the Head Start Program as of
the end of 1985, agreeing to perform a closeout audit
identifying inventories and covering outstanding issues
which may be raised. AGREED TO RELINQUISH PROGRAM ACCORDING
TO CRITERIA OF THE U.S. DEPARTMENT OF HEALTH AND HUMAN
SERVICES.
38. Court referral work volunteers - an agreement has been
prepared with the State Department of Transportation covering
the placement of court referral work volunteers to perform
litter pick-up, weed removal and various other duties at
the Orovil1e and Chico maintenance stations. APPROVED
AGREEMENT AND AUTHORIZED THE CHAIRMAN TO SIGN.
Page 233
December 17, 1985
85--783 39. Detention facility equipment - authorisation is requested
(Cont'd) to acquire two commercial toasters at an estimated cost
of $750. AUTHORIZED ACQUISITION OF FIXED ASSETS.
Motion: APPROVED CONSENT AGENDA.
S M
Vote: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
~tegul ar Agenda
85-784 Budget transfers.
Motion: APPROVED BUDGET TRANSFERS B-71, B-97 AND B-99.
M S
Vote: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried}
85--785 Notice of completion - Sheriff's Office reroofing project.
(765)
Motion: ACCEPTED PROJECT AND AUTHORIZED THE FILING OF THE NOTICE
• OF COMPLETION.
M S
Vote: l Y 2 Y 3 Y ~ Y 5 Y (Unanimously carried)
85-786 Allen R. Kennedy, Chico - writes forwarding a petition requesting
(20p). that the Board of Supervisors initiate proceedings disbanding
County Service Area 87. (PULLED FROM AGENDA BY SUPERVISOR WHEELER
TO BE BROUGHT BACK ON FEBRUARY 4, 1985.)
85-787 Discussion and policy direction regarding the Bob Peacher matter
~~ „
{253) in allowing a Class A contractors construction equipment yard
and maintenance building in an A-d0 zone. (HELD UNTIL LATER
TN TH£ DRY.}
85-788 Report by Economic Development Corporation regarding the Caribou
(267) Mountaineering, Inc., application for $2,000,000 of industrial
development bonds for the construction of a manufacturing facility.
Motion: TENTATIVELY APPROVED THE APPLICATION AND TARGETED
ALLOCATION, WHEN RECEIVER, TO THE INDUSTRIAL DEVELOPMENT
AUTHORITY TO ISSUE THESE BONDS. SET HEARING DATE FOR
FEBRUARY 4, 1986 AT 2:15 P.M.
M S
Vote: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried}
Closed Session: The Board recessed at 9:20 a.m. for a closed
session regarding the consent decree.
Reconvene: The Board reconvened at 9:4b a.m. (NO ANNOUNCEMENTS.}
Page 234
December 17, 1985
85-789 Additional item:
(505}
1. Supervisor Wheeler requested expanded Chico Clipper Service
to include holidays. If the Chico City Council approves, the
cost would be split as follows: City of Chico, 63.767%, County
of Butte, 36.233%.
Motion: APPROVED EXPANDED SERVICE.
5 M
Vote: l Y 2 Y 3 Y 4 Y 5 Y {Unanimously carried)
Regular Agenda
85-790 Consent Decree construction and design activities - estimates
(572} for completion of design and construction activities for the
smoke evacuation controls, mechanical, and the audio and video
monitoring systems {various) and exit door security are estimated
to cost $222,093 in excess of current appropriations.
Motion: APPROVED CONTRACT FOR DESIGN OF SMOKE EUACUATION
MECHANICAL SYSTEM - GENE N1cFARREN, ARCHITECT; APPROVED
BUDGET TRANSFER B-100 AS SUBMITTED; AND DELEGATED TO
THE CHIEF ADMINISTRATIVE OFFICER THE AUTHORITY TO MAKE
SURE THIS IS COMPLETED SY THE AGREED--UPON DATE.
S M
Vote: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
85-791 Consideration of request by the Sheriff for reinstatement of
(828) the civil division.
Motion: ACCEPTED THE GIFT OF A COMPUTER FROM THE HONORARY DEPUTY
SHERIFF'S ASSOCIATION AND AUTHORIZED LETTER OF
APPRECIATION. REFERRED THE MATTERS OF COMPUTER EQUIPMENT
AND REINSTATEMENT OF THE CIVIL DIVISION TO BUDGET
COMMITTEE, SHERIFF, LEE CURTIS AND ADMINISTRATIVE OFFICER.
S M
Vote: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried}
Recess: The Board recessed at 10:24 a.m. for the purpose of
delivering petitions to the County Clerk regarding the
"Deep Pocket" initiative.
Reconvene: The Board reconvened at 10:35 a.m.
Closed Session: The Board recessed at 10:36 a.m. for a closed
session on the matter of Jones vs. County of
Butte.
Reconvene: The Board reconvened at 10:40 a.m. (NO ANNOUNCEMENTS.)
Page 235
December 17, 1985
Public Hearings and Timed Items
85-792 Consideration of farming County Service Area No. 96, Silvertree
(1649) Subdivision {street lighting and storm drainage) .
Motion: ADOPTED RESOLUTION 85-202 FORMING COUNTY SERVICE AREA 46;
ADOPTED RESOLUTION 85-203 LOANING $250 FROM THE COUNTY
SERVICE AREA REVOLVING FUND TO CSA 96 TO COVER START
UP ELECTRICITY BILLS.
M S
Vote: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
85-793 Tbermalito Irrigation pistrict - proposed negative declaration
(1694) regarding environmental impact, General Plan amendment from public
to foothill area residential and rezone from P-Q
(public quasi-public) to FR-20 (foothill recreational - 20 acre
parcel) for property located on the south side of Jordan Hill
Road at the south end of Concave Reservoir in the Concow area,
identified as AP 58-16--04 and 58-17-O1.
Motion: NOTED THRT THE REQUIREMENTS OF THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT HAVE BEEN COMPLETED AND
CONSIDERED IN MAKING THTS DECISTON AND ADOPTED A NEGATIVE
DECLARATION REGARDING ENVIRONMENTAL IMPACT; FOUND THAT
THE PROPOSED GENERAL PLAN AMENDMENT AND REZONE CONFORM
TO THE POLICIES OF THE BUTTE COUNTY GENERAL PLAN INCLUDING
THE LAND USE ELEMENT TEXT AND MAP; ADOPTED
RESOLUTION 85-204 AMENDING THE BUTTE COUNTY GENERAL
PLAN TO INDICATE THAT AP 58-16-04 AND 58-17-01, THERMALITO
IRRIGATION DISTRICT, BE DESTGNATED FOOTHILL AREA
RESIDENTIAL; ADOPTED ORpiNANCE 2505 REZONING AP 58-16-04
AND 58-17-01, THERMALITO IRRIGATION DISTRICT, TO FR-20.
S M
Vote: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
Regular Agenda
85-794 Discussion and policy direction regarding the Sob Peacher matter
{1862) in allowing a Class "A" contractors construction equipment yard
and maintenance building in an A-40 zone. (PLANNING DIRECTOR
A~JD COUNTY COUNSEL TO PROVIDE MORE INFORMATION AND BRING BACK
TO THE BOARD ON JANUARY 7, 1986.)
Page 236
December 17, 1985
Public hearings and Timed Items
85-795 Boris Marphy and Martha Billingsley - appeal the requirement
(2721} for an environmental impact report on rezone from A-40
** (agricultural 40 acre parcels) to M-7 (light industrial} for
OO property located in the area between Durham-Dayton Highway,
Highway 99 and Keenan Court, identified as AP 40-49-7, 9, east
of Durham.
Motion: REFERRED BACK TO PLANNING STAFF TO GO THROUGH THE
DEVELOPMENT AGREEPiENT PROCESS.
S M
Vote: 7 Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
8 5 796 Louisiana Pacific Corporation - proposed negative declaration
(521) and rezone from TPZ-160 (timber preserve zoning - 160 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 59-05-75, 59-Ob--20,
Stirling City. (File 85-4) {SEE MINUTE ORDER 85-805.)
Motion: NOTED THAT THE ENVIRONMENTAL DOCUMENTS HAVE BEEN COMPLETED
AND CONSIDERED IN MAKING THIS DECISION AND RECOMMENDED
THAT THE BOARD OF SUPERVISORS ADOPT A NEGATIVE DECLARATION
REGARDING ENVIRONMENTAL IMPACT; FOUND THAT THE PROPOSED
REZONE CONFORMS TD THE POLICIES, INCLUDING TEXT AND
MAP OF THE BUTTE COUNTY GENERAL PLAN; FOUND THAT A PUBLIC
HEARING HAD SEEN HELD WITH NOTICE OF THE HEARING BEING
GIVEN TO ALL OWNERS OF LANDS SITUATED WITHIN ONE MILE
OF THE EXTERIOR BOUNDARY OF THE LAND UPON WHICH IMMEDIATE
REZONING IS PROPOSED; FOUND THAT THE IMMEDIATE REZONING
IS NOT INCONSISTENT WITH THE PURPOSES OF SUBDIVISION (j}
OF SECTION 3 OF ARTICLE XIIT OF THE CONSTITUTION AND
OF THIS CHAPTER; FOUND THAT THE BOARD SHALL TENTATIVELY
APPROVE THE REZONE AND DIRECTED THAT AN APPLICATION
FOR IMMEDIATE REZONING, TOGETHER WITH A SUMMARY OF THE
PUBLIC HEARING AND ANY OTHER INFORMATION REQUIRED, BE
DIRECTED TO THE STATE BOARD OF FORESTRY FOR THEIR
CONSIDERATION PllRSUANT TO SECTION 4621.2 OF THE PUBLIC
RESOURCES CODE; FOUND THAT THE FINAL APPROVAL OF THE
REZONING WILL BE GIVEN ONLY IF THE STATE BOARD OF FORESTRY
HAS APPROVED THE CONVERSION PURSUANT TO SECTION 4b27.2;
AND FOUND THAT THE RESOLUTION REQUIRED TO IMPLEMENT
THE CONDITIONAL ZONING WILL BE CONSIDERED ONLY AFTER
THE FINAL ZONING ORDINANCE HAS BEEN ADOPTED.
M S
Vote: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
Page 237
December 17, 7985
Re_ guZar Agenda
85-797 Paradise Gem and Mineral show - request for Memorial Ha17 rental.
(807} (Supervisor Fulton)
Motion: APPROVED REQUEST, WITH CONDITIONS OUTLINED IN LETTER
FRAM CHIEF ADMINISTRATIVE OFFICER DATED DECEMBER 12,
7 985.
M S
Vote: l Y 2 Y 3 Y 4 Y 5 Y {Unanimously carried)
Public Hearings and Timed Items
85-798 Ran Graves and Associates - on behalf of David Enget, appeal
(998) the Advisory Agency`s Condition No. i7 (Apply for and diligently
pursue a 20-acre minimum, single-family zone.) on tentative
subdivision map, AP 028-09-0-004-0 and AP O2$-23-0-033-0, 17
parcels, property located on the south side of Los Verjeles Road
approximately 1-1/2 mires southeast of its intersection with
LaPorte Road, Bangor area.
Motion: TO UPHOLD APPEAL.
M S
Vote: l Y 2 N 3 Y 4 N 5 N (Motion failed)
Motion: DENTED APPEAL.
M 5
Vote: 1 N 2 Y 4 N 4 Y 5 Y (Motion carried)
85-799 Recognition of persons wishing to speak.
(1626)
T. Emily Fortier - requested permission for agricultural burning
in the Duncan Road and Traxe7 Way triangle.
Motion: DIRECTED ADMINISTRATIVE OFFTCE TO PREPARE LEASE AGREEMENT,
SUBJECT TO REVIEW BY COUNTY COUNSEL, CDF, PUBLIC WORKS
AND AIR POLLUTION CONTROL, FOR A TRIAL PERIOD OF THREE
MONTHS.
S M
Vate: 1 N 2 Y 3 Y 4 N 5 Y (Motion carried)
Page 238
December 17, 1985
85-799 2. Bill Teie - requested the Board to assume ownership of De
(Cont'd) Sabia Volunteer Fire Company equipment, because of the fire
company's inability to obtain insurance.
Motion: AGREED TO ASSUME OWNERSHIP.
S M
Vote: T Y 2 Y 3 Y. ~ Y 5 Y {Unanimously carried)
3. Dick Puelicher, treasurer-tax collector - reported that
property tax collections were well ahead of expectations.
4. Glenn Mi17er - extended season's greetings to the Board.
85-800 Butte County Planning Commission - setbacks in nonconforming
{3067) substandard lots {referral from Board of Supervisors). (HEARING
*** VACATED.)
aoa
Closed Session: The Board recessed at 2:10 p.m. for a closed
session on the matter of Janes vs. Brooks.
Reconvene: The Board reconvened at 2:22 p.m. (NO ANNOUNCEMENTS.)
Regular Agenda
85-8OT Consideration of County Welfare Director's request for twa child
{O5) protective service investigators.
Motion: WAIVED FIRST READING OF AN ORDINANCE ADDING TWO CHILD
ABUSE IHYESTIGATORS TO THE DISTRICT ATTORNEY'S OFFICE;
DIRECTED COUNTY COUNSEL TO SEE IF FINDINGS CAN BE MADE
TO ADOPT AN EMERGENCY ORDINANCE AT THE JANUARY 7 MEETING;
REQUESTED GRAND JURY TO IHYESTIGATE THE ALLEGATIONS
OF THE WELFARE DIRECTOR THAT CERTAIN CHILD ABUSE CASES
ARE GOING UNINVESTIGATED AND TO DETERMINE IF ADDITIONAL
RESOURCES RRE NECESSARY AND, IF So, WHERE THEY SHOULD
BE LOCATED.
M S
Vote: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
Page 239
December 17, 1985
public Hearings and Timed Items
85-802 1985-86 - County Health Services Plan and Budget - public hearing
(gOg) 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 P7 an.
Motion: ADOPTED RESOtUTION 85-20b FINDING THAT THERE IS NO
DETRIMENTAL IMPACT ON THE HEALTH NEEDS OF THE PUBLIC
IN THE CASE OF •PUBLIC HEALTH SERVICES, NOR IS THERE
A DETRIMENTAL IMPACT ON THE HEALTH NEEDS OF INDIGENTS
IN THE CASE OF INPATIENT AND OUTPATIENT SERVICE, NOR
IS THERE ANY IMPAIRMENT OF THE ABILITY OF THE BUTTE
COUNTY PUBLIC HEALTH DEPARTMENT TO CARRY OUT THE SERVICE
LEVELS SPECIFIED IN THE 1985-$6 COUNTY HEALTH SERVICES
PLAN.
M S
Vote: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried}
Regular Agenda
85-803 Report by Director of Public Works and Director of Planning
(1323' regarding the request of O. W. Clinkinbeard requesting discussion
on the status of building permit application by Phil G. Sofos
on AP 35-18-08 far a multi-family development. {NO ACTION TAKEN.}
Recess: 3:30 p.m.
Reconvene: 3:45 p.m.
{SUPERVISOR McLAUGHLIN ASSENT AT THIS TIME.}
85-804 Report from Substance Abuse Council (Alcohol Advisory Board)
(2756} on second offender drinking driver services. (From 11/5/85)
Motion: ADOPTED POLICY RECOMMENDATION OF THE SUBSTANCE ABUSE
COUNCIL, LISTED IN THE MEMO FROM ALCOHOL PROGRAM
ADMINISTRATOR DATED DECEMBER 12, 7985, AND AUTHORIZED
THE ALCOHOL ADMINISTRATOR TO IMPLEMENT THE PROGRAM.
M S
Vote: T Y 2 Y 3 Y 4 AB 5 Y (Motion carried}
Page 240
December 17, 1985
Pttb1 i c Heari_r~~ and Timed Items
85-805 Louisiana Pacific Corporation - proposed negative declaration
(2318} and rezone from TPZ-160 (timber preserve zoning - 160 acre
parcels) to TM-20 (timber mountain - 2O 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 Lity. (File 86-4) (AFTER DISCOVERING THAT THE HEARING
HAD BEEN NOTICED FOR 2:30 P.M. RATHER THAN THE SCHEDULED TIME
DF 11:30 A.M., THE PUBLIC HEARING WAS REOPENED. [SEE MINUTE
ORDER 85-796.])
Motion: NOTED THAT THE ENVIRONMENTAL DOCUMENTS HAVE SEEN COMPLETED
AND CONSIDERED IN MAKING THIS DECISION AND RECOMMENDED
THAT THE BOARD OF SUPERVISORS ADOPT A NEGATIVE DECLARATION
REGARDING ENVIRONMENTAL TMPACT; FOUND THAT THE PROP05ED
REZONE CONFORMS TO THE POLICIES, INCLUDING TEXT AND
MAP OF THE BUTTE COUNTY GENERAL PLAN; FOUND THAT A PUBLIC
HEARING HAD SEEN HELD WITH NOTICE DF THE HEARING BEITdG
GIVEN TO ALL OWNERS OF LANDS SITUATED WITHIN ONE MILE
OF THE EXTERIOR BOUNDARY DF THE LAND UPON WHICH IMMEDIATE
REZONING IS PROPOSED; FOUND THAT THE IMMEDIATE REZONING
IS NOT TNCONSISTENT WITH THE PURPOSES OF SUBDIVISION {j)
OF SECTION 3 OF ARTICLE XIIT OF THE CONSTITUTION AND
OF THIS CHAPTER; FOUND THAT THE BOARD SHALL TENTATIVELY
APPROVE THE REZONE AND DIRECTED THAT AN APPLICATION
FOR TMMEDIATE REZONING, TOGETHER WITH A SUMMARY OF THE
PUBLIC HEARING AND ANY OTHER INFORMATION REQUIRED, BE
DIRECTED TO THE STATE BOARD DF FORESTRY FOR THEIR
CONSIDERATION PURSUANT TO SECTION 4621.2 OF THE PUBLIC
RESOURCES CODE; FOUND THAT THE FTNAL APPROVAL OF THE
REZONING WILL BE GIVEN ONLY IF THE STATE BOARD OF FORESTRY
HAS APPROVED THE CONVERSION PURSUANT TO SECTION 4621.2;
AND FOUND THAT THE RESOLUTION REQUIRED TO IMPLEMENT
THE CONDITIONAL ZONING WILL BE CONSIDERED ONLY AFTER
THE FINAL ZONING ORDINANCE HAS SEEN ADOPTED.
S M
Vote: 7 Y 2 Y 3 Y 4 AB 5 Y (Unanimously carried)
Regular Agenda
85-806. Consideration of changes in the time line of the Nitrate Action
(2460} Plan for the Greater Chico Urban Area.
(SUPERVISOR McLAUGHLIN PRESENT AT THIS TIME.)
Motion: APPROVED RECOMMENDED AMENDMENTS TO THE ACTION PLAN.
M S
Vote: 1 Y 2Y 3Y 4Y
Page 247
5 Y (Unanimously carried)
December 77, 1985
85-807 Report by county counsel and Director of Public Health concerning
{252g) the Underground Storage Tank Program and fee resolution.
*~~* Motion: WAIVED FIRST READTNG OF THE UNDERGROUND STORAGE PERMTT
0000 ORDINANCE, WITH AN INTENT TO IMPOUND THE STATE'S PORTION
OF THE FEES PENDING OllTCOME OF LAWSUIT OF MONTERREY
COUNTY VS. THE STATE.
M S
Vote: l Y 2 Y 3 Y 4 N 5 N (Motion failed);
85-808 Report from Director of Public Health on implementation of
(93} AB 2185 - toxic emergency response plan.
Motion: DESIGNATED PUBLIC HEALTH AS THE LEAD AGENCY FOR AB 2185.
M S
Vote: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
$5-809 Consideration of resolution to enable the District Attorney to
(295} apply far SB 1139 marijuana funds.
Motion: ADOPTED RESOLUTION 85-206 A.
M S
Vote: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried}
85-810 Report from County Counsel and Public Works Director regarding
(305} paving of Mission Olive Road. (from 11/19/$5) (NO ACTION TAKEN.}
85-871 Discuss ion and policy direction - Forks of the Butte Project.
(537} (from 1 2/3/85}
Motion: SET HEARING DATE ON DRAFT ENVIRONMENTAL IMPRCT REPORT
FOR JANUARY 7, 1986 AT 2:30 P.M.
M S
Vote: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
85-872 Report by County Counsel and Director of Planning on density
(589} bonuses for law income housing.
Motion: ADOPTED RESOLUTION 85-207 IMPLEMENTTNG DENSITY BONUS
PROCEDURES IN BUTTE COUNTY.
S M
Vote: 1 NV 2 Y 3 N 4 Y 5 Y (Motion carried)
Page 242
December 17, 1985
3
8~ Appointment to the 0rovi7le Cemetery District.
3}
(
Motion: APPOINTED JUDY ROBINSON.
M S
Vote: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried}
85-814 Appointments to Durham Mosquito Abatement District. (from
(865} 11/79/85)
Motion: APPOINTED STEVEN D. JONES, DALE ANTONOWICH AND
DON BOLLERUD.
S M
Uote: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
85-815 Discussion of San Diego County's letter regarding suit potential
(901) against the state on the impact of the AB 8 property tax allocation
system. (COUNTY COUNSEL ADVISED THE BOARD THAT PARTICIPATION
WOULD COST BETWEEN $70,000 AND $20,000.}
Motion: AUTHORIZED ACTIVE PARTICIPATION WITH SAN DIEGO COUNTY
IN THE LAWSUIT.
S M
Vote: l Y 2 Y 3 Y 4 N 5 Y (Motion carried)
85-816 Appointments to Richvale Sanitary District, Durham Irrigation
(7827} District, Drainage District Ho. 100 and Drainage District Ho 200.
(from 11/19/85)
Motion: APPOINTED FLOYD BROWN TO DURHAM IRRIGATION DISTRICT.
S M
Vote: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried}
85-817 Report from Supervisor Wheeler -- water symposium in Butte County.
(1371} (from 12/3/85}
(SUPERVISOR DOLAN ASSENT AT THIS TIME.)
Motion: CONCEPTUALLY APPROVED THE WATER SYMPOSIUM, GIVING
SUPERVISOR WHEELER AUTHORITY TO COORDINATE WITH SUPERIOR
CALIFORNIA AND THE WATER COMMISSION AND BRING BACK TO
THE BOARD ON JANUARY 7, 1986.
M S
Vote: 1 Y 2 AB 3 Y 4 Y 5 Y (Motion carried)
Page 243
December 17 , 1985
Closed Hearin
85-818 Butte County Planning Commission -- proposed negative declaration
(1579) 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 B&D) {from 12/3/85) (CONTINUED TO JANUARY 7, 1985.
85-819 Additional items from Board members:
(1637}
(SUPERVISOR DOLAN PRESENT AT THIS TIME.}
1. Supervisor Wheeler - informed the Board she would be a
participant in a group called "Safer Highway 32," and reported
on their plans.
2. Supervisor Wheeler - requested that the Board reconsider
the Van Alstyne parcel map. (NO ACTION TAKEN.} .
3. 5uper-risor Wheeler - informed the Soard that she had been
invited to a meeting in Cohasset on January 9 regarding the
foothill study issue.
4. 5uper~isor McLaughlin - requested a status report of the
Municipal Affairs agreement. {MR. NICHOLS REPORTED THAT THE
CITY OF CHICO HAD BEEN SENT THE PROPOSED AGREEMENT AND THE CITY
MANAGER RESPONDED WITH A MOU REGARDING THE AGENDA FOR FUTURE
DISCUSSIONS OF THE AGREEMENT. HE AND COUNTY COUNSEL FELT THIS
WAS NOT NECESSARY. THE CHICO ISSUES COMMITTEE AGREED TO MAKE
THE MOU A RESOLUTION IN RESPONSE TO THE AGREEMENT.}
5. Chairman Fulton - requested special meetings be Set regarding
budget issues, joint meeting with Planning Commission and Advisory
Agency, and closed sessions with department heads.
Motion: SET DATE FOR REGULAR MEETING ON THE BUDGET PROCESS FOR
JANUARY 22, 1985, AT 10:00 A.M. .
S M
Vote: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried}
(OTHER MEETTNGS TO BE SET AT A LATER DATE.}
Page 244
December 17, 1985
85-819 6. Chairman Fulton - polled supervisors as to their thoughts
(Cont'd) on separating the PIC from the county. (SUPERVISOR DOLAN THOUGHT
THE PIC SHOULD STAY WITH THE COUNTY; SUPERVISOR McLAUGHLIN THOUGHT
THEY SHOULD BE INDEPENDENT; SUPERVISORS McINTURF, WHEELER AND
CHAIRMAN FULTON WERE NEUTRAL.)
7. Supervisor Mclnturf - asked the status of the Financial
Stability Commission. (SUPERVISORS McINTURF AND DOLAN TO MEET
RND GO AVER NOMINEES AND MAKE A RECOMMENDATION TO THE BOARD ON
JANUARY 7, 1986.}
Closed Session: The Board recessed at 5:30 p.m. for a closed
session on two workers compensation cases, one
potential litigation on Harvey vs. County of
Butte, and a personnel matter.
Reconvene: The Soard reconvened at 5:55 p.m. {SEE FOLLOWING
MINUTE ORDER.)
85-820 Report on closed session.
Motion: REJECTED CLAIM OF MICHAEL HARVEY.
S M
Vote: l Y 2 Y 3 Y 4 Y 5 Y {Unanimously carried)
Motion: R£TAIHED QUE~[TII~ lCOPP TO DEFEND THE COUNTY IN THE HARVEY
LAWSUIT.
Vote: 7 Y 2 N 3 Y 4 Y 5 Y (Motion carried)
Adjournment: There being nothing further before the Board at
this time the meeting was adjourned at 5:58 p.m.
to reconvene on January 7, 1986 at 9:00 a.m.
'~~,t <
Chairman, Board of pervisors
ATTEST: t~IF-RTIN J. NICHOLS
Chief Administrative Officer
and Clerk of the Board of Supervisors
y. ~~1.,,.. P.D Aa Y
Page 2~5
December 17, 1985