HomeMy WebLinkAboutM022592February 25, 1992
Call to order - Board of Supervisors room, County
Administration Building, 25 County Center Drive,
Oroville. Supervisors Fulton, Houx, McInturf, McLaughlin
and Chair Dolan present. Starlyn Brown, acting chief
administrative officer; Susan Minasian, county counsel;
and Carol Roach, assistant clerk to the Board.
Pledge of allegiance to the Flag of the United States of
America.
92-72 Consent Aqenda
1. Approval of minutes - action requested - APPROVE
MINUTES OF FEBRUARY 7, 1992 AND FEBRUARY 11, 1992.
2. Budget transfers - action requested - APPROVE BUDGET
TRANSFERS B-86 (WELFARE/GAIN), B-87 (CENTRAL
DUPLICATING), B-88 (SHERIFF/OPERATIONS), B-89
(SHERIFF/SPECIAL ENFORCEMENT UNIT), B-90 (COUNTY
SERVICE AREA 111), B-91 (FIRE PROTECTION/REGULAR),
B-92 (NORTH COUNTY MUNICIPAL COURT), AND B-93
(SHERIFF/SPECIAL ENFORCEMENT).
3. County library donations - in accordance with
Government Code Section 25355, donations of $500
from Alice Keyes, Paradise, and $150 from Jean
Miller, Paradise have been received for the Butte
County trust fund for the purchase of books - action
requested - ACCEPT DONATIONS AND AUTHORIZE LETTERS
OF APPRECIATION.
4. Sheriff's Department - the Butte County Honorary
Deputy Sheriffs' Association has donated a 1980 GMC
five ton truck to pull the Captain Bob pancake wagon
as a replacement for the 1957 International truck
which previously pulled the Captain Bob wagon -
action requested - ACCEPT DONATION AND AUTHORIZE
LETTER OF APPRECIATION.
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February 25, 1992
February 25, 1992
92-72 5. Sheriff's Department - the Butte County Sheriffs'
Association has donated a computer, laser printer
and pagemaker with a value of $3,725 for use in the
Sheriff's Crime Prevention Office - action
requested - ACCEPT DONATION AND AUTHORIZE LETTER OF
APPRECIATION.
6. Butte County Fair Board - action requested -
APPOINT BRUCE STRICKLER, DISTRICT 3, TO A TERM
TO EXPIRE JANUARY 4, 1993.
7. Lake Oroville Area Public Utilities District -
proposed is a property tax exchange agreement for
the Short Avenue Annexation District No. 1 (Creelman
Annexation) - action requested - APPROVE AGREEMENT
AND AUTHORIZE THE CHAIR TO SIGN.
8. Final map - Butte Creek Ranch Subdivision - the
developer has provided a maintenance bond to
guarantee maintenance of facilities for a period of
one year starting January 31, 1992, twelve lots,
AP 11-38-22, property located on the east side of
Skyway, 500 feet south of Honey Run Road, Chico
area - action requested - APPROVE FINAL MAP; ACCEPT
EASEMENTS AS GRANTED IN ITEMS 1, 2 AND 4 OF THE
OWNER'S STATEMENT ON BEHALF OF THE PUBLIC; ACCEPT
GRANT IN FEE SIMPLE THE ONE FOOT NO ACCESS STRIP A5
OFFERED IN ITEM 3 OF THE OWNER'S STATEMENT; AND
AUTHORIZE THE CHAIR TO SIGN THE SUBDIVISION
AGREEMENT.
9. Library - Board authorization is requested to trade
in a computer which was released to the County upon
completion of a project with the North State
Cooperative Library System for an upgraded computer
and keyboard. The computer proposed for trade in
is unusable, and the balance of $537 required for
the purchase of a new computer is available within
existing fixed assets funds - action requested -
ACCEPT COMPUTER AND AUTHORIZE PURCHASE OF NEW
COMPUTER THROUGH THE UPGRADE.
10. Sheriff's Department - Board authorization is
requested for the purchase of uniforms and equipment
for the City of Biggs contract positions (2) in the
maximum amount of $6,824 with funding from the City
of Biggs contract, and uniform and equipment for the
Department of Water Resources contract position in
the maximum amount of $6,118 which is fully
reimbursable from the State. Budget transfer B-89
has been prepared for the necessary appropriation -
action requested - APPROVE PURCHASE OF FIXED ASSET
ITEMS.
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February 25, 1992
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February 25, 1992
92-72 11. County Service Area No. 111 (Haiku Estates) loan -
a resolution has been prepared to authorize a $4, 600
loan to CSA No. 111 (Haiku Estates) from the CSA
revolving loan fund. Budget transfer B-90 has been
prepared to provide the necessary appropriation -
action requested - ADOPT RESOLUTION 92-17 AND
AUTHORIZE THE CHAIR TO SIGN.
12. South County Municipal Court - the Auditor-
Controller has submitted the audit report for fiscal
year ended June 30, 1991 for the South County
Municipal Court - action requested - ACCEPT FOR
INFORMATION.
13. Adoption of a salary ordinance amendment authorizing
three Mental Health clinician II positions within
the Mental Health Department - the Butte County
Human Services Coordinating Council (which includes
the Welfare, Public Health, and Mental Health
Departments) have recently reached an agreement to
provide services on the evaluation and assessment
for support of foster care placement decisions.
Included in this agreement is the addition of the
three clinician II positions within the Mental
Health Department - action requested - ADOPT
ORDINANCE 2981 AND AUTHORIZE THE CHAIR TO SIGN.
14. Adoption of a salary ordinance amendment authorizing
within the Probation Department one half-time office
assistant II, I position. The position is to be
funded through the State Office of Criminal Justice
Planning, Project 90014 Butte Anti-drug Special
Supervision Unit - action requested - ADOPT
ORDINANCE 2982 AND AUTHORIZE THE CHAIR TO SIGN.
15. Introduction of a salary ordinance amendment
transferring a personnel specialist position from
the Personnel Department to the Welfare Department
due to increased staffing needs and the level of
personnel support required by the Welfare
Department - action requested - WAIVE READING OF THE
ORDINANCE.
16. Introduction of a salary ordinance amendment to
flexibly staff currently budgeted allocated
positions for the following departments: Welfare,
Assessor, District Attorney, Public Works, Superior
Court, Mental Health, and County Clerk-Recorder.
The recommended changes will allow flexibility in
meeting recruitment needs. Included is the
correction of an administrative error for the
position of assistant health officer - action
requested - WAIVE READING OF THE ORDINANCE.
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February 25, 1992
February 25. 1992
92-72 17. Introduction of a salary ordinance amendment
incorporating positions approved as part of the
expansion of the Mental Health Department's Homeless
and Emergency Runaway Effort (H.E.R.E.) Program.
The youth services classification series has been
developed specifically for this special State and
Federal Program to provide services to youths and
their families. The program is funded by Federal
and State grants - action requested - WAIVE READING
OF THE ORDINANCE.
is. County of Butte/City of Biggs - proposed is a letter
of agreement for collection of County Sheriff impact
fees on developments within its incorporated
limits - action requested - APPROVE AGREEMENT AND
AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF
COUNTY COUNSEL AND THE AUDITOR-CONTROLLER.
19. Butte Basin Groundwater Users Association - Board
authorization is requested to pay $125,000 to the
Butte Basin Groundwater Users Association for
development of a hydrologic model of the Butte
Basin. The source of funds is the money received
from the Department of Water Resources pursuant to
the County's agreement for the Department to pay two
percent of the amount paid for water transfers out
of Butte County for 1991/92. Pursuant to that
agreement, the funds received are restricted for
water related purposes - action requested - APPROVE
MEMORANDUM OF UNDERSTANDING AND AUTHORIZE THE CHAIR
TO SIGN SUBJECT TO APPROVAL OF AUDITOR-CONTROLLER.
20. 1991/92 California Department of Forestry/Butte
County cooperative fire protection agreement -
proposed is the cooperative fire protection
agreement with the Department of Forestry and Fire
Protection in the amount of $3,941,000 - action
requested - ADOPT RESOLUTION 92-18 AUTHORIZING THE
CHAIR TO EXECUTE THE AGREEMENT ON BEHALF OF THE
COUNTY.
21. County of Butte/County of Colusa - the proposed
contract provides acute psychiatric inpatient care
to residents of Colusa County at Butte County's
Psychiatric Health Facility at the rate of $325 per
day in the maximum amount of $9,750 commencing
December 1, 1991 through June 30, 1992 - action
requested - APPROVE CONTRACT AND AUTHORIZE THE CHAIR
TO SIGN.
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February 25, 1992
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February 25, 1992
92-72 22. R. E. Harrington - unemployment insurance
administrative agreement - the proposed agreement
is effective January 1, 1992 through December 31,
1994. The charge for services has been reduced from
$1.15 per year, per full time equivalent position
to $1.00 per full time equivalent position as of
January 1, each year of the agreement - action
requested - APPROVE AGREEMENT AND AUTHORIZE THE
CHAIR TO SIGN.
23. Greystone Environmental, Inc. - proposed is an
amendment to the agreement to provide a 15 day time
extension for submittal of an Administrative Draft
Environmental Impact Report for the Rancho Esquon
General Plan Amendment - action requested - APPROVE
AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN.
24. Paradise Unified School District - the proposed
agreement provides funding for one-half time deputy
probation officer services for participation in the
operation of the S.T.A.R. Program commencing
January 1, 1992 through June 30, 1992 - action
requested - APPROVE AGREEMENT AND AUTHORIZE THE
CHAIR TO SIGN SUBJECT TO APPROVAL OF THE AUDITOR-
CONTROLLER.
25. Gridley Union High School District/Gridley Union
School District - the proposed agreements provide
for reimbursement to the County for the continued
availability and services of a deputy probation
officer for participation in the Probation and
School Services Program (PASS I) commencing July 1,
1991 through June 30, 1992 - action requested -
APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN
SUBJECT TO APPROVAL OF THE AUDITOR-CONTROLLER.
26. California State University, Dominguez Hills - the
proposed agreement a nursing student at CSU,
Dominguez Hills, will receive clinical experience
with the Department of Public Health effective
February 11, 1992 through February 11, 1995 - action
requested - APPROVE AGREEMENT AND AUTHORIZE THE
DIRECTOR - PUBLIC HEALTH TO SIGN SUBJECT TO APPROVAL
OF THE AUDITOR-CONTROLLER AND COUNTY COUNSEL.
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February 25, 1992
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February 25, 1992
92-72 27. Metcalf & Eddy - the consultant that provided the
investigation and evaluation of soil and groundwater
contamination at the Public Works Gridley Yard has
prepared a letter proposal for required quarterly
monitoring and oversight of evacuation and disposal
of contaminated material in the estimated amount of
$8,650 - action requested - APPROVE LETTER PROPOSAL,
AT A COST NOT TO EXCEED $8,650 WITHOUT PRIOR
APPROVAL OF THE DIRECTOR - PUBLIC WORKS SUBJECT TO
APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-
CONTROLLER.
28. Eldon R. and Margaret L. Faris - Welfare Department
lease - proposed is an agreement for the rental of
a storage facility/work area at 2640 Fifth Avenue,
Suites 4 and 5, Oroville. The term of the agreement
is two years at $0.20 per square foot for
approximately 5,000 square feet -action requested -
APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN
SUBJECT TO THE ISSUANCE OF AN OCCUPANCY PERMIT BY
THE CITY OF OROVILLE.
29. City of Chico - submits resolution no. 102 91-92
calling for a special municipal election for the
purpose of submitting to the voters a question
regarding the approval of 500 units of low income
housing, and requests the consolidation of the
special municipal election with the statewide
election on June 2, 1992 - action requested - BOARD
DIRECTION AS REQUESTED.
30. Paradise Irrigation District - submits resolution
no. 92-02 calling for a measure authorizing the
execution of a loan contract with the State of
California and a revenue installment purchase
contract to be submitted to the voters, and
resolution no. 92-03 requesting the Board of
Supervisors provide for a district election to be
held June 2, 1992 - action requested - BOARD
DIRECTION AS REQUESTED.
31. Butte County Library Corporation Board of
Directors - with the retirement of the outstanding
library bonds, the Board recognizes John Nopel
(President), Ramona Flynn (Vice President), Nora
Wiley (Treasurer), Joan Morgan (Secretary) and Sandy
Boyd (member) for their service on the Board of
Directors since the corporation's inception in
1980 - action requested - AUTHORIZE CERTIFICATES OF
APPRECIATION AND AUTHORIZE THE CHAIR TO SIGN.
MOTION: MOVE TO APPROVE THE CONSENT AGENDA.
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
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February 25, 1992
February 25, 1992
Regular Agenda
92-73 Items removed from the Consent Agenda for Board
consideration and action. (NONE)
92-74 Appointments - commissions and committees.
a. Appointments to committee vacancies.
MOTION: MOVE TO APPOINT DENNIS ROBINSON TO FILL THE
DISTRICT 1 VACANCY TO THE SURFACE MINING
AGGREGATE OPERATIONS COMMITTEE TO SERVE UNTIL
DECEMBER 31, 1992.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
b. Buzztail Community Services District - action
requested - APPOINTMENT OF TWO DIRECTORS.
MOTION: MOVE TO APPOINT MAGDALENA ORR AND JIM LEAVELL
TO PROVIDE THE BUZZTAIL COMMUNITY SERVICES
DISTRICT BOARD WITH A QUORUM.
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
92-75 BOARD DISCUSSION ON ITEM FOR WHICH THE PUBLIC HEARING HAS
ALREADY BEEN HELD - Roger Green on behalf of Green Rock
Quarries - consideration of an appeal of the Planning
Commission's denial of a use permit/mining
permit/reclamation plan (draft environmental impact
report has been prepared) to extend the period of
operation on the existing mining permit to 50 years and
allow the use of explosives on property zoned "U"
(unclassified), property located on T20N, R3E, Section
12, MDB&M, at the end of Coal Canyon Road, at the base
of Table Mountain, AP 041-140-014, 028, 320, 034; 041-
160-031, 037, 039, 044, 045; 041-210-045, north Oroville.
(218) (CONTINUED TO MARCH 24, 1992)
MOTION: MOVE TO APPROVE AN EXTENSION OF THE EXISTING
USE PERMIT UNTIL MARCH 31, 1992.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
92-76 Consideration of revised recruitment plans for Chief
Administrative Officer and Director-Personnel. (780)
MOTION: MOVE TO APPROVE AMENDED RECRUITMENT PLANS FOR
CHIEF ADMINISTRATIVE OFFICER AND DIRECTOR-
PER50NNEL.
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
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February 25, 1992
February 25, 1992
92-77 Consideration of a request from the Fish and Game
Commission for a letter from the Board to legislators
regarding implementation of AB 544 and AB 1297
(ISENBERG). (871)
MOTION: MOVE FOR BOARD APPROVAL OF LETTERS AS
SUBMITTED.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
92-78 Trial Court Funding Program - State law requires counties
wishing to participate in Trial Court Funding to make
such election not later than March 1 - action requested -
ADOPT RESOLUTION TO PARTICIPATE IN TRIAL COURT FUNDING,
AUTHORIZE THE CHAIR TO SIGN, AND FORWARD TO PRESIDING
JUDGES FOR ADOPTION AND SIGNATURE. (1101)
MOTION: MOVE TO ADOPT RESOLUTION 92-19 TO PARTICIPATE
IN TRIAL COURT FUNDING, AUTHORIZE THE CHAIR TO
SIGN, AND FORWARD TO PRESIDING JUDGES AND
ADOPTION AND SIGNATURE.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
92-79 Consideration of a request for a ballot measure relating
to regulation of smoking in enclosed public places and
workplaces - action requested:
A. ADOPT A RESOLUTION CALLING ELECTION AND
CONSOLIDATING IT WITH THE JUNE 2, 1992 PRIMARY
ELECTION; OR
B. ADOPT A RESOLUTION CALLING ELECTION AND
CONSOLIDATING IT WITH THE NOVEMBER 3, 1992 GENERAL
ELECTION. (1270) (**00)
MOTION: MOVE TO INSTRUCT OUR ADMINISTRATIVE OFFICE AND
DIRECTOR-PUBLIC HEALTH TO WORK WITH THE CITIES
TO DEVELOP A UNIFORM BALLOT MEASURE TO PLACE
BEFORE THE VOTERS SO THAT WE HAVE AN EVEN
PLAYING FIELD OVER THE ENTIRE COUNTY; THAT
EVERYONE GETS AN OPPORTUNITY TO VOTE ON THE
SAME MEASURE; AND THE RULES ARE THE SAME FOR
EVERYBODY IN THE COUNTY. FURTHER, BROUGHT INTO
THIS PROCESS SHOULD BE CHAMBERS OF COMMERCE,
BUSINESS COMMUNITIES, COUNTY COUNSEL, CITY
COUNSELS, AND APPROPRIATE CITY OFFICIALS.
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
RECESS: 10:33 A.M.
RECONVENE: 10:48 A.M.
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February 25, 1992
Public Hearings and Timed Items
92-80 Public hearing - consideration of Community Development
Block Grant application in the amount of $500,000 to the
California Department of Housing and Community
Development for funding under the CDBG Program for 1992
to provide funding for housing rehabilitation projects
in the Stirling City, Palermo and Thermalito areas -
action requested - ADOPT RESOLUTION APPROVING THE
APPLICATION AND AUTHORIZE THE CHAIR TO SIGN. (522)
MOTION: MOVE TO ADOPT RESOLUTION 92-20 APPROVING THE
APPLICATION AND AUTHORIZING THE CHIEF
ADMINISTRATIVE OFFICER TO SIGN THE STATEMENT
OF ASSURANCES AND APPLICATION ON BEHALF OF THE
COUNTY, AND DESIGNATING THE DIRECTOR-PUBLIC
WORKS TO OVERSEE THE FAIR HOUSING AND HISTORIC
PRESERVATION POLICIES.
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
92-81 Closed hearing - Clifford T. Ashby - consideration of
General Plan Amendment from medium density residential
to commercial and rezone (proposed negative declaration
regarding environmental impact) from R-1 (residential)
to C-1 (light commercial), property located on the
northwest corner of Nord Road and Esplanade, AP 006-170-
028, Chico.
Public hearing - Terry Cross - consideration of General
Plan Amendment from agricultural residential to
commercial and rezone (proposed negative declaration
regarding environmental impacts) from "U" (unclassified)
to C-2 (general commercial), property located on the
north side of Oroville-Quincy Highway approximately 400
feet east of Bald Rock Road, AP 061-410-019, northeast
of Oroville.
Public hearing - Lotte Blum and John Pullen -
consideration of General Plan Amendment from grazing and
open lands to agricultural residential and rezone
(proposed negative declaration regarding environmental
impact) from FR-40 (foothill recreational - 40 acre
parcels) to FR-20 (foothill recreational - 20 acre
parcels), property located on the west side of Lynterlee
Way at the end of Indian Springs Road (approximately
40.22 acres) and also property located on both sides of
Sunnyside Lane, approximately 1/4 mile west of McCann
Drive (approximately 40.15 acres), AP 055-360-017 and
019, southwest of Paradise.
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February 25, 1992
February 25. 1992
92-81 Public hearing - Anderson Brothers Corporation -
consideration of General Plan Amendment from agricultural
residential to commercial and rezone (proposed negative
declaration with mitigation measures regarding
environmental impact) from SR-1 (suburban residential -
one acre parcels) to C-2 (general commercial) and a
development agreement, property located on the east side
of Highway 99 approximately 200 feet north of Wilson
Landing Road and Highway 99, AP 047-270-027 and 023,
Chico.
Public hearing - Charles Robidart - consideration of
General Plan Amendment from agricultural residential to
public and from public to agricultural residential and
rezone (item determined to be categorically exempt from
environmental review) from TM-3 (timber mountain - three
acre parcels) to P-Q (public - quasi-public) and from P-
Q (public - quasi-public) to TM-3 (timber mountain -
three acre parcels), property located on the west side
of Coutelenc Road, approximately 600 feet south of Rancho
Oaks Road, AP 065-230-007 and 065-260-007, north of
Paradise. (737)
MOTION: MOVE TO A. FIND THAT: (1) INITIAL STUDIES
FOR GENERAL PLAN AMENDMENTS AND REZONES WERE
COMPLETED IN COMPLIANCE WITH THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT FOR TERRY CROSS,
ANDERSON BROTHERS CORPORATION, LOTTE BLUM/JOHN
PULLEN, CHARLES ROBIDART AND CLIFFORD ASHBY.,
(2) SAID STUDIES AND COMMENTS RECEIVED THEREON
IDENTIFIED NO SIGNIFICANT EFFECTS THAT THE
PROJECTS MAY HAVE., (3) NEGATIVE DECLARATIONS
HAVE BEEN COMPLETED AND CONSIDERED IN
COMPLIANCE WITH THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT AND REFLECT THE INDEPENDENT
JUDGEMENT OF THE COUNTY OF BUTTE., (4) THE
GENERAL PLAN AMENDMENT FOR TERRY CROSS WOULD
CONFORM WITH THE POLICIES, INCLUDING THE TEXT
AND MAP, OF THE BUTTE COUNTY GENERAL PLAN,
BECAUSE IT IS DESIGNATED IN THE GENERAL PLAN
FOR POTENTIAL COMMERCIAL., (5) THE GENERAL
PLAN AMENDMENT FOR LOTTE BLUM/JOHN PULLEN TO
AGRICULTURAL-RESIDENTIAL REFLECTS THE DESIRED
LAND USE FOR THE PROJECT SITE AND IS LOCATED
WITHIN THE SPHERE OF INFLUENCE OF THE TOWN OF
PARADISE AND SHALL BE INCLUDED IN THE PARADISE
URBAN RESERVE TO BE CONSISTENT WITH THE
PARADISE LAND USE PLAN., (6) THE GENERAL PLAN
AMENDMENT FOR CLIFFORD ASHBY WOULD CONFORM WITH
THE POLICIES OF THE BUTTE COUNTY GENERAL PLAN
BECAUSE IT FRONTS ON ESPLANADE AND OTHER AREAS
OF THE ESPLANADE ARE ALSO DESIGNED COMMERCIAL. ;
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February 25, 1992
February 25, 1992
92-81 B. ALSO FIND THAT: (1) AN INITIAL STUDY FOR THE
GENERAL PLAN AMENDMENT AND REZONE WAS COMPLETED IN
COMPLIANCE WITH CEQA FOR ANDERSON BROTHERS
CORPORATION., (2) SAID STUDY AND COMMENTS RECEIVED
THEREON IDENTIFIED POTENTIALLY SIGNIFICANT
ENVIRONMENTAL EFFECTS THAT THE PROJECT MAY HAVE HAD
BUT: (A) REVISIONS IN THE PROJECT, PLANS, OR
PROPOSAL MADE BY OR AGREED TO BY THE APPLICANT WOULD
AVOID SUCH EFFECTS OR MITIGATE SUCH EFFECTS TO A
POINT WHERE CLEARLY NO SIGNIFICANT EFFECTS WOULD
OCCUR; AND (B) THERE IS NO EVIDENCE BEFORE THE
COUNTY THAT THE PROJECT AS REVISED MAY HAVE A
SIGNIFICANT EFFECT ON THE ENVIRONMENT., {3) THE
NEGATIVE DECLARATION HAS BEEN COMPLETED AND
CONSIDERED IN COMPLIANCE WITH THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT AND REFLECTS THE
INDEPENDENT JUDGEMENT OF THE COUNTY OF BUTTE., (4)
THE COUNTY GENERAL PLAN AMENDMENT FOR ANDERSON
BROTHERS CORPORATION TO COMMERCIAL PROVIDES FOR
COMPATIBLE DEVELOPMENT WITH EXISTING LAND USES AND
COMPLIES WITH THE POLICIES OF THE BUTTE COUNTY
GENERAL PLAN.; C. ALSO FIND THAT: (1) THE GENERAL
PLAN AMENDMENT AND REZONING FOR CHARLES ROBIDART TO
PUBLIC AND AGRICULTURAL-RESIDENTIAL IS CATEGORICALLY
EXEMPT (CLASS 5(A)) FROM THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT., (2) THE GENERAL PLAN
AMENDMENT FOR CHARLES ROBIDART TO PUBLIC AND
AGRICULTURAL-RESIDENTIAL REFLECTS THE DESIRED LAND
USE FOR THE PROJECT SITE AND COMPLIES WITH THE
POLICIES OF THE BUTTE COUNTY GENERAL PLAN.; D. ALSO
FIND THAT: (1) THE REZONE FROM "U" (UNCLASSIFIED)
TO H-C (HIGHWAY COMMERCIAL), TERRY CROSS., (2) THE
REZONE FROM FR-40 (FOOTHILL RECREATIONAL - 40 ACRE
PARCELS) TO FR-20 (FOOTHILL RECREATIONAL - 20 ACRE
PARCELS), LOTTE BLUM/JOHN PULLEN., (3) THE REZONE
FROM R-1 (RESIDENTIAL) TO C-1 (LIGHT COMMERCIAL),
CLIFFORD ASHBY., (4) THE REZONE FROM SR-1 (SUBURBAN
RESIDENTIAL) TO C-2 (GENERAL COMMERCIAL), ANDERSON
BROTHERS CORPORATION., AND (5) THE REZONE FROM P-
Q (PUBLIC - QUASI/PUBLIC) TO TM-3 (TIMBER MOUNTAIN -
3 ACRE PARCELS) AND FROM TM-3 (TIMBER MOUNTAIN - 3
ACRE PARCELS) TO P-Q (PUBLIC - QUASI/PUBLIC),
CHARLES ROBIDART COMPLIES WITH THE GOVERNMENT CODE
REQUIREMENT OF COMPATIBILITY AND CONSISTENCY BETWEEN
THE GENERAL PLAN DESIGNATION AND SPECIFIC ZONING.;
E. ADOPT NEGATIVE DECLARATIONS FOR THE GENERAL PLAN
AMENDMENTS AND REZONES FOR PROPERTY IDENTIFIED AS
(1) AP 061-410-019 (TERRY CROSS)., (2) AP 055-360-
017 AND 055-360-019 (LOTTE BLUM/JOHN PULLEN)., (3)
AP 006-170-028 (CLIFFORD ASHBY).; F. ADOPT A
NEGATIVE DECLARATION WITH MITIGATION MEASURES FOR
THE GENERAL PLAN AMENDMENT AND REZONE FOR PROPERTY
IDENTIFIED AS AP 047-270-023 AND 047-270-027
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February 25, 1992
February 25. 1992
92-81 (ANDERSON BROTHERS CORPORATION).; G. ADOPT
RESOLUTION 92-21 AMENDING THE BUTTE COUNTY
GENERAL PLAN LAND USE ELEMENT TO COMMERCIAL,
AGRICULTURAL-RESIDENTIAL AND PUBLIC-
QUASI/PUBLIC, AND EXPANDING THE LIMITS OF THE
PARADISE URBAN RESERVE POLICIES.; H. ADOPT
ORDINANCE 2983 REZONING: (1) TO H-C (HIGHWAY
COMMERCIAL) A PORTION OF PROPERTY IDENTIFIED
AS AP 061-410-019 (TERRY CROSS)., (2) TO FR-
20 (FOOTHILL RECREATIONAL - 20 ACRE PARCELS)
THOSE PROPERTIES IDENTIFIED AS AP 055-360-027
AND 055-360-019 (LOTTE BLUM/JOHN PULLEN)., (3)
TO C-1 (LIGHT COMMERCIAL) THAT PROPERTY
IDENTIFIED AS AP 006-170-028 (CLIFFORD ASHBY).,
(4) TO C-2 (GENERAL COMMERCIAL) A PORTION OF
PROPERTIES IDENTIFIED AS AP 047-270-023 AND
047-270-027 (ANDERSON BROTHERS CORPORATION).,
(5) TO P-Q (PUBLIC/QUASI-PUBLIC) AND TM-3
(TIMBER MOUNTAIN - 3 ACRE PARCELS) PORTIONS OF
PROPERTIES IDENTIFIED AS AP 065-230-007 AND
065-260-007 (CHARLES ROBIDART).; AND I. ADOPT
ORDINANCE 2984 APPROVING THE DEVELOPMENT
AGREEMENT FOR ANDERSON BROTHERS CORPORATION.
S M
VOTE: 1 NV 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
Regular Agenda
92-82 Consideration of a petition requesting a reduced speed
limit on Arroyo Way in Chico. (1105) (NO ACTION TAKEN)
(SUPERVISOR McLAUGHLIN AND ACTING CHIEF ADMINISTRATIVE
OFFICER STARLYN BROWN NOT PRESENT)
92-83 Closed hearing - Butte County Board of Supervisors -
consideration of various General Plan Amendments and
rezoning (item on which an environmental impact report
has been prepared), properties located within the Durham-
Dayton-Nelson planning area. The action also includes
policy standards and the designation of the Durham
planning area as separate from the Chico planning area.
The area is bordered on the east by Highway 99, on the
west by the Sacramento River, on the north by the Durham
Unified School District northern boundaries, and the
Western Canal and the County line in the south. (1131)
MOTION: MOVE TO ADOPT THE FINAL FINDINGS AND MOTIONS
INCLUDED IN THE PLANNING STAFF MEMORANDUM DATED
FEBRUARY 19, 1992 BASED UPON THE MOTION OF
INTENT ADOPTED BY THE BOARD ON JANUARY 2 8 , 19 9 2
AND TO INCLUDE THE CORRECTION OF THE PUD AREA.
S M
VOTE: l Y 2 N 3 N 4 NP 5 Y (Motion Failed)
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February 25, 1992
92-83 MOTION: MOVE TO A. FIND THAT: 1. A DRAFT
ENVIRONMENTAL IMPACT REPORT HAS BEEN PREPARED,
REVIEWED AND CONSIDERED IN COMPLIANCE WITH THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT., 2. SAID
DRAFT EIR AND COMMENTS RECEIVED THEREON
IDENTIFIED POTENTIAL SIGNIFICANT IMPACTS THAT
THIS PROJECT MAY HAVE HAD, BUT: (A)
MITIGATION MEASURES IDENTIFIED WITHIN THE DRAFT
EIR HAVE MITIGATED SUCH IMPACTS TO A LEVEL OF
INSIGNIFICANCE., (B) POLICY MEASURES IN
EXHIBIT I OF THE AUGUST 8, 1991 STAFF FINDING
TO BE INCORPORATED INTO THE COUNTY'S GENERAL
PLAN LAND USE ELEMENT WILL FURTHER ENSURE THAT
THIS PROJECT WILL BE MITIGATED TO A LEVEL OF
INSIGNIFICANCE., (C) THERE IS NO SUBSTANTIAL
EVIDENCE BEFORE THE COUNTY THAT THIS PROJECT
MAY HAVE A SIGNIFICANT EFFECT ON THE
ENVIRONMENT., 3. ADEQUATE RESPONSES TO
COMMENTS HAVE BEEN PREPARED AND ARE
INCORPORATED IN THE DRAFT EIR TO CREATE THE
FINAL EIR., 4. THE DRAFT EIR PREPARED FOR
ALTERNATIVE N0. 6 ADEQUATELY COVERS THE ENTIRE
RANGE OF IMPACTS ASSOCIATED WITH ALTERNATIVE
NO. 6A, BECAUSE: (A) ADOPTION OF ALTERNATIVE
NO. 6A REPRESENTS A LESS INTENSE DEVELOPMENT
POTENTIAL AND THEREFORE LESS IMPACTS ON THE
ENTIRE RANGE OF ISSUES IS EXPECTED., (B)
ALTERNATIVE NO. 6A FALLS WITHIN THE RANGE OF
ALTERNATIVES DISCUSSED IN THE DRAFT EIR,
PARTICULARLY ALTERNATIVE NO. 2 (BUILD OUT AT
A LOWER DENSITY)., 5. THE EXISTING DURHAM-
DAYTON-NELSON PLANNING AREAS'S GENERAL PLAN
LAND USE DESIGNATIONS AND POLICIES ARE
INTERNALLY INCONSISTENT, AND PORTIONS OF THE
EXISTING ZONING ARE INCONSISTENT WITH THE
GENERAL PLAN., 6. THE PROPOSED AREA PLAN IS
INTERNALLY AND EXTERNALLY CONSISTENT BECAUSE
THE GENERAL PLAN AND ZONING ARE CONSISTENT WITH
EACH OTHER AND THE PLAN COMPLIES WITH POLICIES
ESTABLISHED FOR THE AREA AND WITH THE EXISTING
GENERAL PLAN., 7. THE DELETION OF
APPROXIMATELY 2,190 ACRES OF LAND CURRENTLY
SUBJECT TO THE CHICO GREENLINE POLICIES IS
NECESSARY IN ORDER TO CREATE CONSISTENT AND
SEPARATE LAND USE POLICIES BETWEEN DIFFERENT
PLANNING AREAS AND ELIMINATE INCONSISTENCIES
BETWEEN THE EXISTING DURHAM AND CHICO AREA
PLANS WHERE THE TWO OVERLAP IN THE NORTH DURHAM
AREA., 8. THE SAID 2,190 ACRES DELETED FROM
THE CHICO GREENLINE POLICIES WILL BE SUBJECT
TO THE PROVISIONS OF THE DURHAM-DAYTON-NELSON
PLAN AND OTHER PROVISIONS IDENTIFIED IN THE
EXISTING COUNTY GENERAL PLAN LAND USE ELEMENT
WHICH WILL CONTINUE TO RECOGNIZE PRESERVATION
AND PROTECTION OF PRIME AGRICULTURAL SOILS.,
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February 25, 1992
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February 25. 1992
92-83 9. NEW ZONING DESIGNATIONS WHICH ARE
CONSIDERED "CONDITIONALLY CONSISTENT" WITH THE
GENERAL PLAN LAND USE DESIGNATIONS CONFORM TO
THE CONDITIONAL ZONING CRITERIA AND ARE AS
FOLLOWS: (A) THE DAYTON INSERT CHANGE FROM
ORCHARD AND FIELD CROPS, A-40 TO AGRICULTURAL -
RESIDENTIAL, SR-1 AND THE NELSON INSERT CHANGE
FROM LOW DENSITY RESIDENTIAL, UNCLASSIFIED TO
AGRICULTURAL-RESIDENTIAL, SR-1 ARE NECESSARY
TO REFLECT THE PREDOMINANT EXISTING PARCEL
SIZES AND EXISTING DWELLING DENSITIES.,
(B) THE DURHAM INSERT RECOMMENDING
AGRICULTURAL-RESIDENTIAL, SR-1 NORTH, SOUTH AND
WEST OF THE DURHAM SCHOOL IS RECOMMENDED DUE
TO THE PROXIMITY TO THE URBAN BOUNDARIES, THE
PROXIMITY TO SERVICES AND EXISTING LOT SIZES.
AGRICULTURAL PRODUCTION WILL NOT BE
SIGNIFICANTLY IMPAIRED BY THIS CHANGE.,
10. THE NEW LAND USE AND ZONING DESIGNATIONS
APPLIED TO THE PLANNING AREA ADVANCE LEGITIMATE
GOVERNMENTAL INTERESTS, AND DO NOT SERVE TO
DEPRIVE ANY LANDOWNERS OF ALL, OR SUBSTANTIALLY
ALL, OF THE USE OF THEIR LAND., 11. THE FINAL
EIR, WHICH INCLUDES REVISIONS TO THE DRAFT EIR,
COMMENTS RECEIVED FROM PERSONS, ORGANIZATIONS
AND PUBLIC AGENCIES (WHICH INCLUDES THEIR
IDENTIFICATION), AND RESPONSES TO THE COMMENTS,
REFLECTS THE INDEPENDENT JUDGEMENT OF THE
COUNTY OF BUTTE AND HAS BEEN
CONSIDERED.; B. CERTIFY THE FINAL EIR.; C.
ADOPT EXHIBIT I, AS THE FINAL GOALS, OBJECTIVES
AND POLICIES FOR THE DURHAM-DAYTON-NELSON
PLANNING AREA AND EXHIBIT II, AS THE URBAN
RESERVE POLICIES, AS CONTAINED IN THE AUGUST
8, 1991 STAFF FINDINGS TO THE PLANNING
COMMISSION.; D. THE COUNTY SHALL WITHIN ONE
(1) YEAR FROM ADOPTION OF THE PLAN, ADOPT AN
IMPLEMENTATION PROGRAM THAT SPECIFIES TIME
LINES AND RESPONSIBILITIES IN CARRYING OUT EACH
POLICY.; E. ADOPT RESOLUTION 92-22 APPROVING
ALTERNATIVE NO. 6A FOR THE DURHAM-DAYTON-NELSON
PLANNING AREA AS MODIFIED BY DELETING THE
AGRICULTURAL RESIDENTIAL GENERAL PLAN LAND USE
DESIGNATION ON SHEET 2 OF 2 FOR ALTERNATIVE
N0.6A THAT WAS PROPOSED TO BE ADDED AT THE
JANUARY 28, 1992 BOARD OF SUPERVISORS MEETING.
THIS WILL NOW REFLECT THAT THE GENERAL PLAN
LAND USE DESIGNATION FOR THIS AREA WILL BE
ORCHARD AND FIELD CROPS AS SPECIFIED IN
ALTERNATIVE NO. 6. INCORPORATES THE GOALS,
OBJECTIVES, POLICIES AND URBAN RESERVE POLICIES
DEVELOPED FOR THE PLANNING AREA INTO THE LAND
USE ELEMENT OF THE GENERAL PLAN; AND F. ADOPT
ORDINANCE 2985 APPROVING ALTERNATIVE NO. 6A,
AS THE ZONING DESIGNATIONS FOR THE DURHAM-
DAYTON-NELSON AREA PLAN AS MODIFIED BY:
Page 64
February 25, 1992
February 25. 1992
92-83
(1) DELETING THE 5R-1 ZONING DESIGNATION ON
SHEET 2 OF 2 FOR ALTERNATIVE NO. 6A THAT WA5
PROPOSED TO BE ADDED AT THE JANUARY 28, 1992
BOARD OF SUPERVISORS MEETING. THIS WILL NOW
REFLECT THAT THE ZONING FOR THIS AREA WILL
REMAIN A-5 AS SPECIFIED IN ALTERNATIVE NO. 6
AND AS SPECIFIED IN THE CURRENT ZONING., AND
(2) CHANGING THE R-3 ZONING DESIGNATION TO PUD
FOR THAT DEVELOFMENT LOCATED WEST OF GOODSPEED
STREET IN ACCORDANCE WITH THE INTER-
DEPARTMENTAL MEMORANDUM DATED FEBRUARY 19,
1992.
S M
VOTE: 1 Y 2 Y 3 Y 4 NP 5 N (Motion Carried)
(SUPERVISOR McLAUGHLIN AND ACTING CHIEF ADMINISTRATIVE
OFFICER STARLYN BROWN PRESENT)
92-84 Advisory ballot measure regarding division of California
into two states - action requested - ADOPT RESOLUTION
CALLING ELECTION AND CONSOLIDATING IT WITH THE JUNE 2,
1992 PRIMARY ELECTION. (1878)
MOTION: MOVE TO ADOPT RESOLUTION 92-23 CALLING FOR THE
ELECTION AND CONSOLIDATING IT WITH THE JUNE 2,
1992 PRIMARY ELECTION.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
Public Hearings and Timed Items
92-85 Public hearing - NorthStar Engineering on behalf of Roger
Sohnrey - consideration of an appeal of the Advisory
Agency's denial of a tentative subdivision map (proposed
negative declaration with environmental mitigations), AP
40-15-01, seven lots, property located on the east side
of Lott Road approximately 800 feet south of Cummings
Road, Durham area - action requested - OPEN HEARING AND
CONTINUE OPEN TO MARCH 24, 1992 AT 10:45 A.M. (1911}
(HEARING OPENED AND CONTINUED OPEN TO MARCH 24, 1992 AT
10:45 A.M.)
(SUPERVISOR McLAUGHLIN NOT PRESENT)
92-86 Continued hearing - NorthStar Engineering on behalf of
Raymund Jans - consideration of an appeal of the Advisory
Agency's denial of a tentative subdivision map (proposed
negative declaration with environmental mitigations), AP
40-07-04, seven lots, property located on the west side
of Jones Avenue approximately 700 feet south of Blossom
Lane, Durham area. (1932)
Page 65
February 25, 1992
February 25. 1992
RECESS: 11:35 A.M.
RECONVENE: 11:45 A.M.
92-86 Continued hearing - NorthStar Engineering on behalf of
Raymund Jans - consideration of an appeal of the Advisory
Agency's denial of a tentative subdivision map (proposed
negative declaration with environmental mitigations), AP
40-07-04, seven lots, property located on the west side
of Jones Avenue approximately 700 feet south of Blossom
Lane, Durham area.
MOTION: MOVE TO DENY THE APPEAL FINDING THAT THE
PROPOSED PROJECT DOES NOT CONFORM TO THE
GENERAL PLAN POLICIES OF ORCHARD AND FIELD
CROPS AND THE LAND USE ELEMENT OF THE GENERAL
PLAN.
S M
VOTE: l Y 2 Y 3 Y 4 NP 5 Y (Unanimously Carried)
92-87 Continued hearing - NorthStar Engineering on behalf of
Glenn Wood - consideration of an appeal of condition no.
1 (frontage on Miller and Butte Avenue to be constructed
to RS-3-B standard, submit road and drainage plans to the
Department of Public Works for approval and install
required facilities) on tentative parcel map (proposed
negative declaration with environmental mitigations), AP
39-31-28, two parcels, property located at the northwest
corner of Butte Avenue and Miller Avenue, Chico area.
(2628)
(SUPERVISOR MCLAUGHLIN PRESENT)
MOTION: MOVE TO UPHOLD THE APPEAL AND REVISE CONDITION
NO. 1 AS FOLLOWS: 1. SINGLE CHIP SEAL
FRONTAGE ON MILLER AVENUE AND BUTTE AVENUE TO
COUNTY STANDARDS.
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
Regular Aae
92-88 Update by Acting Chief Administrative Officer on
Sacramento/legislative activities. (2990) (STARLYN
BROWN, ACTING CHIEF ADMINISTRATIVE OFFICER, REPORTED THAT
SENATOR LESLIE HAS INTRODUCED ON BEHALF OF BUTTE COUNTY
A BILL THAT UTILIZES POVERTY CRITERIA AND SELF HELP
MEASURES TO ALLOW COUNTIES LIKE OURSELVES ON THE EDGE TO
OBTAIN HELP FROM THE STATE OF CALIFORNIA)
Page 66
February 25, 1992
February 25. 1992
92-89
CLOSED SESSION: The Board recessed at 12:05 p.m. for
the purpose of actual litigation
pursuant to Government Code Section
54956.9(a) (Wheeler v. Bach, and all
of the State Board of Equalization
utility lawsuits), and a personnel
matter.
RECONVENE: The Board reconvened at 1:10 p.m.
following a closed session for the purpose
of actual litigation pursuant to
Government Code Section 54956.9(a)
(Wheeler v. Bach, and all of the State
Board of Equalization utility lawsuits),
and a personnel matter. (***00) (NO
ANNOUNCEMENTS)
92-90 Communications
Communications received and referred. (COPIES OF ALL
COMMUNICATIONS ARE AVAILABLE IN THE CLERK OF THE BOARD
OFFICE.)
a. Mike Thompson, Senator, 4th District - writes the
Board seeking their comments and input regarding
the on-going negotiations between the State Board
of Equalization, the major utility companies, and
the California State Association of Counties Task
Force (CSAC) - action requested - REFER TO COUNTY
COUNSEL FOR APPROPRIATE RESPONSE.
b. Stan Hensley, Assistant Superintendent, Chico
Unified School District - forwards to the Board the
District's Resolution No. 486-92, a "Resolution of
the Chico Unified School District Board of Education
Requiring New Development to Fully Mitigate Its
Impact on Chico Unified School District Schools" -
action requested - REFER TO CHIEF ADMINISTRATIVE
OFFICER, DIRECTOR - PLANNING, AND DIRECTOR - PUBLIC
WORKS.
c. Kevin Jones, Oroville - submits a request to the
Board for a building permit at 2424 B Street,
Oroville, AP 35-084-19 without payment of additional
fees and penalty. A permit was applied for and
$199.35 and $32.80 in fees paid in 1989 - action
requested - REFER TO DIRECTOR - PUBLIC WORKS FOR
REPORT AND RECOMMENDATION.
Page 67
February 25, 1992
February 25, 1992
92-91 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.)
1. Elizabeth Howard, Oroville - an alleged dangerous
dog (rottweiler) which belongs to her neighbor, and
her failure to get help from County staff. (BOARD
DIRECTION TO THE ADMINISTRATIVE OFFICE TO OBTAIN A
DETAILED REPORT ON THE ALLEGED INCIDENTS INVOLVING
THE ROTTWEILER FROM THE DIRECTOR-PUBLIC HEALTH AND
THAT THE SITUATION BE RECTIFIED AS SOON AS POSSIBLE)
2. Jane Davis, Biggs - the recent fatal accident at the
corner of Highway 99E and East Biggs Road, and the
need for Cal Trans to make improvements to this
dangerous intersection.
ADJOURNMENT: There being nothing further before the
Board at this time, the Board meeting was
adjourned at 1:20 p.m. to reconvene on
Tuesday, March 10, 1992 at 9:00 a.m.
Cha
ATTEST:
STARLYN BROWN, A ing Chief Astrative Officer
and lerk of t e Board of Supervisors
By : -'r ~- ~--
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February 25, 1992