HomeMy WebLinkAboutM042688April 264, 19$8
Call to order - Board of Supervisors room, Caunty Administration
Building, 25 Cvunty Center Drive, Oroville. Present: Supervisors
Dolan, Fulton, McLaughlin, Vercruse and Chairman Mclnturf.
Martin J. Nichols, chief administrative officer; Susan Roff, county
counsel; and Carol Roach, deputy clerk of the Board.
Pledge of allegiance to the flag of the United States of America.
88-226 Items removed from the Consent Agenda for Board consideration and
action.
1. Private road standards -land divisions - a resolution has been
prepared revising private road standards for RS-8-LD I, RS-B-
LD TI, RS-8-LD III and RS-B-LD IV - action requested -ADOPT
RESOLUTION REVISING PRIVATE ROAD STANDARDS AND AUTHORIZE THE
CHAIRMAN Tp STGN.
2. Personnel rule change - temporary assignment to fill a position,
Rule 13.4 (f) - action requested - APPROVE T2IMPORARY CHANGE IN
PERSONNEL RULE PENDING MEET AND CONFER DISCUSSTONS.
88-227
Consent A enda (25}
1. Amendment to minutes of April 5, 1988 - action requested - APIEND
MINUTE ORDER 88-213(8} TO REFLECT THE JERE BOLSTER TECHNTCAL
ADVTSOR CONTRACT IS FOR S45 PER HOUR, NOT TO EXCEED $4,500 PER
MONTH.
2. Budget transfers - action requested - APPROVE BUDGET TRANSFERS
B-178 (FIRE DEPARTMENT} and B-179 (FARM ADVISOR?.
3. County Library donations - in accordance ~~ith Government Code
Section 25355, donations have been received for books as
follows: Oroville Friends of the Library, $145 and Chico
Friends of the Library, three donations totaling $860 -action
requested - ACCEPT DONATIONS AND AUTHORIZE LETTERS OF
APPRECTATTON.
Page 113
April 26, 1988
A ril 26~, 1988
4. County Library donations - in accordance with Government Code
Section 25355, donations have been received for the Chico Branch
of the Butte County Library, $1,487.11 and Oroville Headquarters
Library, $400 - action requested -ACCEPT DONATIONS AND
AUTHORIZE LETTERS OF APPRECIATION.
5. Lee Max Barnett, Oroville - files a claim in the amount of
$1,000,000 as a result of alleged injuries and damages sustained
from July 17, 1986 while incarcerated in the Butte County Jail -
action requested - REJECT CLAIM AND REFER TO COUNTY COUNSEL AND
RISK MANAGEMENT.
6. Philip Henry Farley IV, Oroville - files a claim in the amount
of $1,000,000 as a result of alleged injuries and damages
sustained on or about January 6, 1988 while incarcerated in the
Butte County Jail - action requested - REJECT CLAIM AND REFER TO
COUNTY COUNSEL AND RISK MANAGEMENT.
7. Joseph F. Hart, Long Beach -files a claim in the amount of
$15,000 as a result of alleged damages sustained on or about
July 27, 1987 involving his arrest in Long Beach -action
requested - REJECfi CLAIM AND REFER TO COUNTY COUNSEL AND RISK
PANAGEMENT .
8. Scott A. Molitor, Oraville - files a claim in the amount of
$500,000 as a result of alleged injuries and damages sustained
on or about February 9, 1988 while incarcerated in the Butte
County Jail -action requested - REJECT CLAIM AND REFER TO
COUNTY COUNSEL AND RISK MANAGEMENT.
9. Fire Department radio equipment -Board authorization is
requested to purchase a mobile phone, mobile radio, and a
portable radio far placement an the hazardous materials response
unit. Budget transfer B-178 has been prepared to provide the
necessary appropriation - action requested - APPROVE PURCHASE OF
FIXED ASSET ITEM.
10. Farm Advisor microcomputer - Board authorization is requested to
purchase a portable lap top computer at an estimated cost of
$1,200. Budget transfer B-179 has been prepared to provide the
necessary appropriation - action requested - APPROVE PURCHASE OF
FIXED ASSET ITEM.
11. Penalty abatement requests -change of ownership reports -
action requested -APPROVE PENALTY ABATEMENT REQUESTS AS
RECDMMENDED BY THE CHIEF ADMINISTRATIVE OFFICER.
Page 1,14
April 26, 1988
April 26~ 1988
12. County Correctional Facility Capital Expenditure Bond Act - land
valuation - a resolution has been prepared establishing a value
for Juvenile Hall land to be used as some of the matching fund
provisions for the county's Proposition 52 application for
juvenile facilities - action requested - ADOPT RESOLUTION 88-047
ESTABLISHING VALUE AT $177,300 FOR THE PROPERTY AND AUTHORIZE
THE CHAIRMAN TO SIGN.
13. 1988-89 tax and revenue anticipation notes - proposals have been
received for underwriting and bond counsel services as part of
the planned issue of tax and revenue anticipation notes far the
coming fiscal year - action requested - ACCEPT PROPOSAL FROM
ERLICH-BOWER FOR UNDERWRITING SERVICES AND HAWKINS, DELAFIELD
AND WOOD FOR BOND COUNSEL SERVICES.
14. Salary ordinance -the ordinance increases the salaries for
sanitarian and related management classes by 2-1/2 percent
effective April 2, 1988; increases salaries for nursing and
related management classes by 12-1/2 percent, with 7-1I2 percent
effective April 2, 1988 and five percent effective September 3,
1988; increases public health nurse practitioner by 15 percent,
with 7-1/2 percent effective April 2, 1988 and 7-112 percent
effective September 3, 1988; and increases director of public
health nursing by ten percent, with five percent effective
April 2, 1988 and five percent effective September 3, 1988 -
action requested - WAIVE THE SECOND READING AND ADOPT ORDINANCE
2675.
15. Salary ordinance amendment - the ordinance deletes a supervising
justice court clerk I position and adds an account clerk/senior
account clerk position in the South County Municipal Court -
actian requested - WAIVE THE SECOND READING AND ADOPT
ORDINANCE 2676.
15. Salary ordinance amendment -the ordinance combines the
narcotics prosecution {320-003) and child abuse {320-004}
budgets with the District Attorney's criminal budget (320-001?
and family support division (320-002? budget codes to facilitate
use of personnel in the District Attorney's office -action
requested - WAIVE THE SECOND READING AND ADOPT ORDINANCE 2b77.
17. Salary ordinance amendment - the ordinance transfers a typist
clerk II/I position from the Victim Witness Grant Program (430-
0016) to the Board of Control Grant (430-0087) -action
requested - WAIVE THE SECOND READING AND ADOPT ORDINANCE 2675.
Page 115
April 26, 1988
April 26~ 1988
18. Approval of plans and specifications - Oroville-Quincy Hightaay
(from Meadowview Drive to State Highway 162} County Project
No. 27503-87-1 -plans and specifications have been completed
far the project -action requested - APPROVE PLANS AND
SPECIFICATIONS; AUTHORIZE THE CHAIRMAN AND DIRECTOR OF PUBLIC
WORKS TO SIGN THE PLANS; ADOPT THE WAGE SCALE; AND SET BID
OPENING FOR MAY 19, 1988 AT 11:00 A.M. IN THE PUBLIC WORKS
OFFICE.
19, Right-of-way acquisition - agreement for sale -- Oroville-Quincy
Highway (Meadowview Drive to State Highway 162}, Project
No. 27503-87-~,:
Parcel Improve-
No. Owner Acres Land menu Total
3 Donald R. Total. _ .0196 None $200
and Sue E. .019b
York
action requested - APPROVE THE AGREEMENT FOR SALE AND AUTHORIZE
THE CHAIRMAI`I TO SIGN; AUTHORIZE THE AUDITOR TO ISSUE WARRANT
UPON DEMAND OF THE COUNTY'S ESCROW AGENT; AND ACCEPT DEED AND
AUTHORIZE THE CHAIRMAN TO SIGN THE CERTIFICATE OF ACCEPTANCE.
20. Amendment 2 -Butte County Fair Association agreement -- the
amendment extends the term of the existing agreement through
October 30, 198$ pending renegotiation of a new agreement -
action requested - APPROVE AMENDPiENT AND AUTHORIZE THE CHAIRMAN
TO SIGN.
21. Request far proposals -energy, natural resources, and
recreation element of the Butte County General Plan -the
Planning Department developed a request for proposals for
preparation of the element -action requested - AUTHORIZE
ISSUANCE OF REQUEST FOR PROPOSALS.
22. Legislative positions -the Chief Administrative Officer has
prepared a report recommending positions for ACA 53, SB 1023,
SB 1725, jail bands, AB 3500, SB 1753, and SB 2740 -action
requested - ADOPT POSITIONS AS RECOMMENDED AND AUTHORIZE LETTERS
OF SUPPORT ON BEHALF OF THE COUNTY.
MOTION: MOVE TO APPROVE THE CONSENT AGENDA WITH REMOVAL OF
ITEMS 3.05 AND 3.24.
P4 S
VOTE: 1Y 2Y 3Y 4Y 5Y
Page 116
(Unanimously carried}
April 26, 19$8
A__pril 2~ 1988
Regular Agenda
88-228 Ttems removed from the Consent Agenda for Board consideration and
action.
1. Private road standards -land divisions - a resolution has been
prepared revising private road standards for RS-8-LD I, RS-8-
LD TT, RS-$-LD ITT and RS-B-LD IV -action requested -ADOPT
RESOLUTION REVISING PRTVATE ROAD STANDARDS AND AUTHORTZE THE
CHAIRMAN TO SIGN.
MOTION: MOVE TO ADOPT RESOLUTION 88-048 REVISING PRTVATE ROAD
STANDARDS AMENDING RS-8-LD IV TO DOUBLE SEALCOAT AND 6"
AGGREGATE BASE.
M S
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
2. Personnel rule change - temporary assignment to fill a position,
Rule 13.4(f) - action requested - APPROVE TEMPORARY CHANGE IN
PERSONNEL RULE PENDING P1EET AND CONFER DISCUSSIONS. (CONTINUE
TO DATE UNCERTAIN.)
88-229 Appointments - commissions and committees. (325)
a. Appointments to Chico Nitrate Action Plan Implementation
Committee. (NONE)
}~. Appointments to committee vacancies. (NONE)
88-230 Ordinance adding Article T to Chagter 13 of the Butte County Code
establishing standards and regulation of grading -~ action
requested - ~dATVE fiHE FIRST READING OF THE ORDINANCE. (333) (REFER
TO MINUTE ORDER 88-233)
88-231 Publie Hearing - Richard Jones -- General Plan amendment from orchard
and field crops to agricultural-residential and rezone (proposed
negative declaration with mitigation measures regarding
environmental impact) from A-~5 (agricultural, five acre parcels) to
SR-1 (suburban-residential, one acre parcels), property located on
the northwest corner of Durham Dayton Highway and Burdick Road,
identified as AP 039-24-0-040, Durham. (File 88-20 A and B1 (TO BE
CALLED AT 11:00 A.M,)
CLOSED SESSION: The Board recessed at 9:29 a.m. for a closed
session on potential litigation.
RECONVENE: The Board reconvened at 9:45 a.m. following a closed
session for the purpose of potential litigation.
(SUPERVISOR McLAUGHLIPI ABSENT)
Page 117 April 2S, 1988
~.
Aril 26~ 1988
Regular Agenda
88--232 Appointments -- commissions and committees.
~.
a. Appointments to Chico Nitrate Action Plan Implementation
Committee. {TO BE RECALLED IN AFTERNOON)
88-233 Ordinance adding Article I to Chapter 13 of the Butte County Code
establishing standards and regulation of grading - action
requested - WAIVE THE FIRST READING OF THE ORDINANCE. {HELD UNTIL
AFTERNOON).
88-23~ Status report by Chief Administrative Officer on available financing
{contingency and unanticipated revenue) - action requested - APPROVE
BUDGET TRANSFERS FOR NORTH COUNTY MUNICIPAL COURT AND SUPERIOR COURT
BUDGETS AS RECOMMENDED. {775)
{SUPERVISOR McLAUGHLIN PRESENT)
MOTION: MOVE TO APPROVE BUDGET TRANSFERS FOR NORTH COUNTY MUNICIPAL
COURT AND SUPERIOR COURT BUDGETS, AND IMPLEMENT AN
IMMEDIATE HIRING FREEZE WITH ADPiINTSTRATIVE REVIEW.
S M
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
MOTION: MOVE TO DIRECT THE CHIEF ADMINISTRATIVE OFFICER TO PURSUE
LEGISLATIVE RELIEF STPiTLAR TO WHAT WAS RECEIVED BY SIERRA
COUNTY FOR EXPENSIVE MURDER TRIALS.
S M
VOTE: 1 X 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
88-235 Presentation to Board on roadside litter, dumping of garbage, and
alleged zoning and land use violations. (Chairman McInturf) {1220)
{THIS ITEM TO COME BACK BEFORE THE BOARD AS AN AGENDA ITEM WITH
SUGGESTIONS FOR A POSSIBLE SOLUTION.)
Public Hearings and Timed Items
88-236 Continued hearing - G. Kelly Meagher appeal. of Energy Growth
Partnership I use permit to allow an 11.9 MW hydro-electric project
{environmental impact report previously certified), including tunnel
opening, 100 feet steel penstock, 500 feet transmission line,
powerhouse, 5± acre off-site aggregate storage, fuel storage, 11
foot diameter tunnel, on property zoned TM-20, 40 {timber mountain -
20 acre, 40 acre parcels) located on DeSabla Powerhouse Road, 1800
feet west of the Skyway, identified as AP 65-01-1, 3, 31, 33, 34,
35, DeSahla. (21.95)(**00)
Page 1.3.8
April 26, 1988
~~
April 26, 198$
MOTION: MOVE TO MAKE A MOTION OF INTENT TO APPROVE THE USE PERMIT
FOR AId 11.9 MW HYDRO-ELECTRIC PROJECT ON AP 65-01-1, 3, 31,
33, 34, 35, ET AL; ENERGY GROWTH PARTNERSHIP T WHICH WILL
BE SUBJECT TO CONDITIONS AND FINDINGS TO INCLUDE A
PERFORMANCE BOND; AND fi0 ADDRESS CONCERNS AS PRESENTED BY
SUPERVISOR DOLAN AS FOLLOWS. MOTION OF INTENT TO BE
BROUGHT BACK BEFORE THE BOARD ON MAY 17, 1988 FOR
FINALIZATION.
ANALYSIS BACKGROUND
1. NEEDS A DEFINITIVE STATEMENT OF WHAT AGENCY HAS WHAT
AUTHORITY REGARDING THIS PROJECT. MAY NOT BE REQUIRED,
BUT WOULD CERTAINLY BE HELPFUL FOR MY AND THE PUBLIC'S
UNDERSTANDING OF HOW THE BOARD'S DECISION MAKING FITS
INTO THE SCHEME OF THINGS. SINCE AT LEAST FOUR
SPEAKERS IN FAVOR OF THIS PROJECT SAID SOMETHING LIKE
"DON'T WORRY, SOME OTHER AGENCY HAS LOOKED CAREFULLY AT
THAT" THIS SEEMS LIKE A SIGNIFICANT, NOT JUST HELPFUL,
REQUEST.
2. DELINEATION OF WHO IS THE LEAD AGENCY. iT APPEARS THE
COUNTY'S ROLE IS LIMITED TO CONSIDERATION OF A USE
PERMIT ONLY FOR THOSE ASPECTS OF THE PROJECT ON PRIVATE
LAND AND THAT WE ARE A RESPONSIBLE AGENCY UNDER CEQR.
HOWEVER, TT IS NOT CLEAR TO ME WHETHER OUR APPROVAL IS
NECESSARY FOR THE PROJECT TO PROCEED. WHAT IS A
RESPONSIBLE AGENCY RESPONSIBLE FOR?
3. I READ IN THE STAFF REPORT THAT THE RWQCB WILL, OR HAS,
TAKEN SOME ACTION RELATIVE TO THIS PERMIT. DOES THAT
PLACE ANY CONFLICT ON SUPERVISOR VERCRUSE EITHER HERE
OR THERE? 4R TS STAFF INCORRECT AS TO WHAT STATE
AGENCY ACTS ON THIS?
4. SECURE BETTER, CLEARER EXPLANATION OF HOW THE PRESENT
USE PERMIT TS RELATED AND/OR DIFFERENT FROM THE INITIAL
PROPOSAL THIS BOARD DISCUSSED - AND POR THAT MATTER,
ANY OTHER REVISIONS THAT HAVE BEEN MADE ALONG THE WAY.
5. WHAT KIND OF LONG TERM USE OF COUNTY RESOURCES - ROADS
(AND WHAT ROADS), SHERIFF'S PATROL, ENVIRONMENTAL
HEALTH, ZONING COMPLIANCE REVIEW, ETC. -WILL THIS
PROJECT REQUIRE?
6. TS THE EIR CERTIFIED BY WRCB THE SAME AS THE ONES? WE
HAVE RECEIVED?
7. T WOULD APPRECIATE A DELINEATION - PERHAPS ON ZONING
MAP OF OWNERSHIP OF THESE LANDS AND WHAT PARTS OF THIS
PROJECT ARE ON WHOSE LAND.
Page 119 April 26, 1988
A ril 2-.~. 1988
8. BACKGROUND INFORMATION SHOULD INCLUDE A TOPOGRAPHIC
MAP, AND HAVE ALL THE ROADS THAT REALLY EXIST WITH
THEIR USED LANES SHOWN.
9. NOT JUST WITH THIS PROJECT BUT OTHERS, I DON'T LIKE THE
READABILITY OF SOME OF THE MAPS. IF SOME COLOR
REPRODUCTION TS NECESSARY - ESPECIALLY WHEN PROJECT
COMFONENTS ARE SHOWN ON THE SAME MAP THAT SHOWS LAND
CONTOURS -THEN DO TT. I WOULD HAVE PiUCH PREFERRED
READABLE MAPS THAN A COLOR REPRODUCTION OF A PHOTO OF
BUTTE CREEK. TF THIS CAN'T BE DONE ON THE SCALE OF A
REPORT DOCUMENT, THEN HAVE THE APPLICANT PROVIDE
DISPLAY MAPS THAT FULFILL THIS PURPOSE. THE TWO MAFS
DISPLAYED AT THE APRIL 19 HEARING DIDN'T DO THIS.
CONDITIONS
I FIND LITTLE COMFORT IN THE NEBULOSITY REGARDING
MONITORING ASPECTS OF fiHE CONDITIONS AS WELL AS A LACK OF
SPECIFICITY TO SOME. READING FROM THE LIST CONTAINED
WITHIN THE MARCH 23, 1988 PLANNING MEMO (PART OF THE
PLANNING DEPARTMENT PACKET?, MY QUESTIONS ARE:
1. WHAT ROADS ARE THESE? WHAT IMPROVEMENTS WILL BE
REQUIRED? WHAT ABOUT ANY ROADS, I.E. SKYWAY, OF TOWN
OF PARADISE?
2. WHO MAKES THIS DETERMINATION? OVER WHAT TIME? IS THIS
SPECIFIC ENOUGH T4 AVOID HAGGLING OR LEGAL PROBLEMS?
3. IS THIS ENOUGH MONEY? HOW LONG A BOND TERM? OVER WHAT
PERIOD OF TIME CAN COUNTY DETERMINE DAMAGE HAS BEEN
DONE?
4. ARE THERE OTHER ENVIRONMENTAL HEALTH CONDITIONS? TS
THIS A CLOSED OR OPEN ENDED CONDITION?
5. HOW ABOUT CONTAINMENT IN CASE OF SPILL - IS THAT WHAT
PAVING AND DIKING MEANS? SOME OF THE WORSE SPILLS T'M
AWARE OF HAVE BEEN AT UTILITY SITES.
&. T00 VAGUE. TO WHAT STANDARD OF CONTROL? ONCE A DAY
WATERING? IF WE THINK THERE WON'T BE COMPLAINTS ABOUT
DUST DURING CONSTRUCTION WE'RE BEING FORGETFUL.
9.d.4. WHO DECIDED ON THIS AMOUNT? WHO GETS IT? WHO
ADMINISTERS IT? IF THIS IS KNOWN TT SHOULD BE PART OF
QUESTION.
Page 120
April 26, 1988
A ril 2~ 1988
10. TO WHOM ARE THESE RESULTS SUBMITTED? HOW IS THIS
INFORMATION RETAINED AND MADE AVAILABLE FOR USE OF
INTERESTED PUBLIC - NOW AND IN THE FUTURE?
CURIOSITY
1. IS THE REVENUE INFORMATION SUBMITTED BY JOHN CORDES
(LETTER DATED APRIL 6, 198$ TO MARTIN NICHOLS, CHIEF
ADMINISTRATIVE OFFICER} CORRECT? I SUSPECT IT IS
OVERSTATED BY 80~.
2. WHY DID THE ETR CONSULTANT APPEAR TO SPEAK AS A
PROPONENT OF THE PROJECT? I THOUGHT OUR NEW PROCEDURES
WERE DESIGNED TO ELIMINATE THIS.
S M
VOTE: l Y 2 N 3 Y 4 Y 5 Y {Motion carried}
88-237 Public hearing - Richard Jones - General Plan amendment from orchard
and field craps to agricultural-residential and rezone (proposed
negative declaration with mitigation measures regarding
environmental impact) from A-5 (agricultural, five acre parcels) to
SR-1 (suburban-residential, one acre parcels}, property located on
the northwest corner of Durham Dayton Highway and Burdick Road,
identified as AF 039-24-0--040, Durham. (File 88-20 A and B) (850)
MOTION; MOVE TO MAKE A MOTION OF INTENT TO ADOPT A NEGATIVE
DECLARATION; APPROVE THE GENERAL PLAN AMENDMENT, AND ADOPT
THE ORDINANCE FOR REZONING TO BE BROUGHT BACK BEFORE THE
BOARD ON PiAY 24, 1988.
S M
VOTE: 1 Y 2 N 3 Y 4 NV 5 Y (Motion carried)
88--238 Public hearing - A & Q Engineering - an behalf of A. John Merlo,
appeals the Advisory Agency's Condition No. 14 (Provide
circulation.} and Condition Na. 27 (Provide circulation pursuant to
subdivision ordinance requirements, Section 20-133.) on tentative
parcel map, AP 05-20--01, 38 lots, property located on the east side
of Esplanade approximately 400 feet north of Commercial Avenue,
Chico. (1185)
{SUPERVISOR FULTON ABSENT)
MOTION: MOVE fi0 DENY APPEAL OF
AND NO. 27.
S M
VOTE; 1Y 2Y 3Y 4Y
ADVISORY AGENCY'S CONDITIONS NO. 14
5 AB {Motion carried)
Page 121
April 26, 1988
A~ 26,E 198
88-239 Public bearing - A. C. Bruhns -rezone (proposed negative
declaration regarding environmental impact? from U {unclassified) to
SR-1 (suburban residential, one acre parcels?, property located at
the southwest corner of Morrow Lane and Cramer Lane, identified as
AP 040-03-0-061, 062, Chico. {File 88-23}(1850)
{SUPERVISOR FULTON PRESENT)
MOTION: FIND THAT THE REQUIREMENTS DF CEQA HAVE BEEN COMPLETED AND
CONSIDERED IN PfAKING THIS DECISION AND ADOPT A NEGATIVE
DECLARATION; AND FIND THAT THE PROPOSED REZONE CONFOR,~iS TO
THE POLICIES, INCLUDING THE TEXT AND MAP, OF THE BUTTE
COUNTY GENERAL PLAN. MAKE THE FINDING THAT THE PROPOSED
REZONING WILL BE {1) COMPATIBLE WITH NEIGHBORING
AGRICULTURAL ACTIVITIES, {2} HAS ADEQUATE WATER SUPPLY
FACILITIES, {3) FIND THAT THE ROAD ACCESS HAS SUFFICIENT
CAPACITY TO SERVICE THE AREA AND IS ADEQUATELY MAINTAINED,
(4} FIND THAT REASONABLE ACCESSIBILITY TO COMMERCIAL
SERVICES AND SCHOOLS EXISTS; AND ADOPT ORDINANCE 2679
REZONING TO SR-1 THAT PROPERTY IDENTIFIED AS AP 040-03-061,
062,
S M
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y {Unanimously carried)
CLOSED SESSION: The Board recessed at 11:59 a.m. to reconvene in
closed session at 1:30 p.m. for the purpose of
pending litigation as follows: Organ vs. Dolan,
and Dolan vs. McMann.
RECONVENE: The Board reconvened at 2:10 p.m. fallowing a closed
session for the purpose of pending litigation. (NO
ANNOUNCEMENTS MADE.) (***00)
Regular, Agenda
88-240
Ordinance adding Article I to Chapter 13 of the Butte County Code
establishing standards and regulation of grading - action
requested -- WAIVE THE FIRST READING OF THE ORDINANCE. (11)
MOTION: MOVE TO ADOPT URGENCY' ORDINANCE 2680 FOR THE IMMEDIATE
PRESERVATION OF THE PUBLIC PEACE, HEALTH AND SAFETY TO TAKE
EFFECT IMMEDIATET,Y PURSUANT TO SECTION 25123 OF THE
GOVERNMENT CODE OF THE STATE OF CALIFORNIA. THE FACTS
CONSTITUTING THE URGENCY INVOLVE AN AREA ~dHICH HAS UNIQUE
RESOURCES, SCENIC NATURAL BEAUTY, STREAMS, CREEKS, VERNAL
POOLS, DIVERSITY OF VEGETATION AND FISH AND WILDLIFE THAT
MAY WELL BE IN DANGER. THAT ALL DF THE ABOVE RESOURCES ARE
Page 122
April 26, 1988
,.
At~ril 2,-6 1988
SUBJECT TO SERIOUS DAMAGE BY IMPROPER AND UNCONTROLLED
GRADING, CLEARING AND TREE REMOVAL INCLUDING, BUT NOT
LIMITED T0, EROSION AND SILTATION JEOPARDIZING OR
DESTROYING FISH AND WILDLIFE AND DESTRUCTION OR
CONTAMINATION OF SOURCES OF WATER BEING USED FOR DOMESTIC
AND OTHER PURPOSES.
S M
VOTE: 1 N 2 Y 3 Y 4 Y 5 Y (t~lotion carried}
PUBLiC HEARINGS AND TIMED ITEASS
$8-241 Public Hearing - Gary Jacobs - rezone (proposed negative declaration
regarding environmental impact} from PUD (planned unit development)
to S-R (suburban residential), property located between Alamo Avenue
and Quista Drive, 182 feet south of East Avenue, identified as
AP 42-37-70, Chico. (File 88-24} (77)
MOTION: MOVE TO FIND THAT THE REQUIREMENTS OF THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT HAVE BEEN COMPLETED AND
CONSIDERED IN MAKING THIS DECISION AND ADOPT A NEGATIVE
DECLARATION; AND FIND THAT THE PROPOSED REZONE CONFORMS TO
THE POLICIES, GOALS, AND OBJECTIVES INCLUDING THE TEXT AND
MAP OF THE BUTTE COUNTY GENERAL PLAN; AND MAKE THE FINDING
THAT THE ZONE CHANGE REQUEST IS A CONSISTENT ZONE WHICH
MEETS ALL ZONING FACTOR CRITERIA OUTLINED WITHIN THE
GENERAL PLAN UNDER THE MEDIUM DENSITY RESIDENTIAL
DESIGNATION; AND ADOPT ORDINANCE 2681 REZONING TO S-R
(SUBURBAN RESIDENTIAL} THAT PROPERTX IDENTIFIED AS AP 42-
37-70.
M S
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried}
88-242 Public hearing - Sierra West Surveying an behalf of Philip LaRocca,
appeals the Advisory Agency's denial of tentative parcel map
{proposed negative declaration with environmental mitigations
regarding environmental impact}, AP 63-24-37, three parcels,
property located at the southwest corner of the intersection of Dae
Mi11 Raad and Summer Place Raad, Forest Ranch area. {159}
MOTION: MOVE TO DENY THE APPEAL FINDING THAT THE PROJECT DOES NOT
CONFORM TO THE GENERAL PLAN.
S M
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y {Unanimously carried}
Communications
88-243 Communications received and referred. {COPIES OF ALL COMMUNICATIONS
ARE AVAILABLE IN THE CLERK OF THE BOARD OFFICE.}
Page 123
April 26, 1988
Y~'1
A~2~_~.988
a. Wells Fargo Bank, San Francisco - submits a claim for a refund
of taxes pursuant to Revenue and Taxation Cade Sections 509G and
5097 in the amount of $4,770.94 levied for fiscal year 1983-84
plus interest. (REFERRED TO TREASURER-TAK COLLECTOR AND COUNTY
COUNSEL.)
b. A & Q Engineering, Chico - writes petitioning for a public road
connection to State Highway 32 at Post I~file 16.00 and requests
the Board to initiate rezoning restricting lot sizes to the
Simmons/Drake Ranch development to 40 acres. (ROAD CONNECTION
REQUEST REFERRED TO PUBLIC WORKS. LETTER TO BE WRITTEN ON
REZONE REQUEST ASKING APPLICANT TO I~AKE APPLICATION WITH
PLANNING DEPARTMENT.}
c. Butte County Association of Cities - writes asking for the
formation of a technical advisory committee to review the
proposed Blakely/Swartz Ranch development project and that the
developer be asked to allocate funding to the technical advisory
committee of the cities to reimburse costs with the review
process. (REFERRED TO PLANNING .DIRECTOR FOR REPORT AND
RECOMMENDATION.)
88-244 Public comment. (PRESENTATIONS WILL BE LIMITED TO FIVE PSINUTES. THE
BOARD OF SUPERVISORS IS PROHIBITED BY STATE LAW FROM TAKING ACTION
ON ANY ITEM PRESENTED IF IT IS NOT LISTED 4N THE AGENDA.) (NONE)
ADJOURNPiENT: There being nothing further before the Board at this
tame the meeting was adjourned at 2:20 p.m. to
reconvene on Tuesday, May 3, 1988 at 9:00 a.m.
Chairman, Board of Super ars
ATTEST:
MARTIN 3. NICHOLS, Chief Administrative
Officer and Clerk of the Board
By•
Page 124
April 26, 1988