HomeMy WebLinkAboutM051094
May 10. 1994
Call to order - Board of Supervisors room, County
Administration Building, 25 County Center Drive,
Oroville. Present: Supervisors Dolan, Houx, Thomas and
Chair McLaughlin. Vacant: District 1. John S.
Blacklock, Chief Administrative Officer; Susan Minasian,
County Counsel; and Carol Roach, Assistant Clerk of the
Board.
Pledge of allegiance to the Flag of the United States of
America.
94-141 Items removed from the Consent Agenda for Board
consideration and action.
1. Richardson Springs Community Services District -
proposed is an agreement for full and complete
transfer of control and responsibility for the
Richardson Springs Wastewater Improvement Project
from the County of Butte/County Service Area
No. 130 to the Richardson Springs Community
Services District. This agreement will be executed
by the California Water Quality Control Board,
acknowledging that the Water Board will look only
to the community services district and not the
County/CSA as the entity responsible for the
project and the facility - action requested -
APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN.
94-142 1. Approval of minutes - action requested - APPROVE
MINUTES OF APRIL 26, 1994.
2. Budget transfers - action requested - APPROVE
BUDGET TRANSFER B-174 (CENTRAL DUPLICATING).
Page 127
May 10, 1994
94-142 3. Renaming private roads in the Chico area from
Plummers Lane (Cohasset Road to Trucking Lane) to
Two Oaks Drive, Manufactures Avenue (Cohasset Road
to Trucking Lane) to Plummers Drive, and Trucking
Lane (Manufactures Avenue to Plummers Lane) to
Browns Valley Drive - action requested - ADOPT
RESOLUTION 94-51 SETTING A PUBLIC HEARING DATE FOR
JUNE 14, 1994 AT 10:00 A.M.
4. County Library donation - in accordance with
Government Code Section 25355, a donation of $100
from Dale D. and Nadine C. Doerr, trustees,
Oroville has been received for the Butte County
Library Trust Fund for the purchase of books -
action requested - ACCEPT DONATION AND AUTHORIZE
LETTER OF APPRECIATION.
5. Sheriff-Coroner - Dorothy Russell, of Russell
Motor Sales, Oroville has donated a 1990 Ford
Tempo (vin no. 2FAPP36X3LB207135) to the County for
use by the Sheriff's Team of Active Retired Seniors
(S.T.A.R.S.) - action requested - ACCEPT DONATION
AND AUTHORIZE A LETTER OF APPRECIATION.
6. Gridley - Biggs Cemetery District - action
requested - REAPPOINT JOE HUGHES TO A TERM TO
EXPIRE MAY 1, 1998.
7. Oroville Wyandotte Irrigation District - proposed
is a property tax exchange agreement for Kenilworth
Avenue Annexation District No. 1 (Mendez) (LAFCo
94-38) - action requested - APPROVE AGREEMENT AND
AUTHORIZE THE CHAIR TO SIGN.
8. County Service Area No. 155 (Laurelwood Estates
Subdivision) - the Local Agency Formation
Commission (LAFCo) has approved expansion of powers
to County Service Area No. 155 (Laurelwood Estates
Subdivision) to include maintenance of a
pressurized fire protection system for the
subdivision - action requested - ADOPT RESOLUTION
94-52 AND AUTHORIZE THE CHAIR TO SIGN.
9. Air Pollution Control District - Board authorizat
ion is requested to purchase a TAB file system for
the office - action requested - APPROVE BUDGET
TRANSFER B-169 IN THE AMOUNT OF $500
(UNANTICIPATED REVENUE) AND PURCHASE OF FIXED ASSET
ITEMS.
Page 128
May 10, 1994
~ ~-.
May 10. 1994
94-142 10. East Gridley Fire Station - plans and
specifications have been prepared covering the
addition of two bays, a bathroom, and re-roof to
the fire station (AB 1519 MONIES) - action
requested - APPROVE PLANS AND SPECIFICATIONS AND
AUTHORIZE A CALL FOR BIDS WITH THE BID OPENING ON
JUNE 2, 1994 AT 2:00 P.M. IN THE PURCHASING OFFICE.
il. Conveyance of County property - Fire Department
Squad No. 12 - 1972 Dodge 4WH crew cab chassis
(County vehicle no. 880 E102011/vin no.
W25BE2S554745) - on September 9, 1986 the County
accepted a donated used truck chassis from the
Stirling City Volunteer Fire Company for use as a
rescue squad. A new chassis funded through the
50/50 cost share program has replaced the used
chassis which is now surplus to the Departments
needs. The voluntary company has requested that
the used chassis ownership be returned to them for
resale and subsequent income for use in purchasing
fire protection equipment for their community -
action requested - AUTHORIZE TRANSFER OF FIXED
ASSET ITEM. (FROM 4-26-94)
12. Notice of completion - bid no. 36-94 (installation
of HVAC system - Public works) - work on the
project has been completed in accordance with the
plans and specifications - action requested -
APPROVE NOTICE OF COMPLETION AND AUTHORIZE THE
CHAIR TO SIGN.
13. Development Services, Planning Division/Local
Agency Formation Commission (LAFCo) - Board
authorization is requested to purchase a 486DX
33MHz personal computer with a 350 MB plus hard
drive, peripheral equipment and software in the
maximum amount of $2,000 (DEPARTMENT BUDGET) -
action requested - APPROVE BUDGET TRANSFER B-170
AND PURCHASE OF FIXED ASSET ITEMS.
14. Introduction of a salary ordinance amendment
to reinstate one office assistant II (75$) to full
time in the Agricultural Department (DEPARTMENT
FEES) - action requested - APPROVE BUDGET TRANSFER
B-171 AND WAIVE READING OF THE ORDINANCE.
15. Resolution concerning changes in maintained mileage
within Butte County - in accordance with section
2121 of the Streets and Highways Code, each year
the County must certify to Caltrans the current
maintained mileage of County roads (1,381.04
miles) - action requested - ADOPT RESOLUTION 94-53
AND AUTHORIZE THE CHAIR TO SIGN.
Page 129
May 10, 1994
May 10. 1994
94-142 16. Resolution proclaiming the week of May 15-21,
1994 as Wildfire Prevention Week in Butte County -
action requested - ADOPT RESOLUTION 94-54 AND
AUTHORIZE THE CHAIR TO SIGN.
17. Resolution proclaiming the week of May 15-21,
1994 as Salvation Army Week in Butte County -
action requested - ADOPT RESOLUTION 94-55 AND
AUTHORIZE THE CHAIR TO SIGN.
18. Agreement for right of way acquisition - LaPorte
Road (1.2 miles southwest of Bangor to Oroville
Bangor Highway), project no. 03531-92-1:
PARCEL
~~ Q~EB $~
1 Dale E. and Lucy J. 0.14
Hunsucker
PURCHASE
~Q IMPROVEMENTS TOTAL
$1,000 0 $1,000
action requested - APPROVE AGREEMENT FOR
ACQUISITION AND AUTHORIZE CHAIR TO SIGN; ACCEPT
DEED AND AUTHORIZE CHAIR TO SIGN CERTIFICATE OF
ACCEPTANCE.
19. Approval of plans and specifications for
reconstruction of 12th Street (State Highway 162 to
Grand Avenue), County contract no. 26451-92-1 -
plans and specifications have been completed for
the project - action requested - APPROVE PLANS AND
SPECIFICATIONS; AUTHORIZE CHAIR AND DIRECTOR TO
SIGN PLANS; ADOPT WAGE SCALE; AND SET BID OPENING
ON JUNE 1, 1994 AT 11:00 A.M. IN THE PUBLIC WORKS
OFFICE.
20. Approval of plans and specifications for
construction of Chico-Durham bike path (from Jones
Avenue to Hegan Lane), County project no. 26311-92-
1 - plans and specifications have been completed
for the project - action requested - APPROVE PLANS
AND SPECIFICATIONS; AUTHORIZE CHAIR AND DIRECTOR TO
SIGN PLANS; ADOPT WAGE SCALE; AND SET BID OPENING
ON JUNE 1, 1994 AT 11:00 A.M. IN THE PUBLIC WORKS
OFFICE.
Page 130
May 10, 1994
Mav 10. 1994
94-142 21. State/County cooperative agreement for installation
of traffic control signals at the intersection of
State Highway 32 and East Avenue (north of Lindo
Avenue) - proposed is a cooperative agreement that
supersedes the previous agreement (approved by the
Board on January 28, 1992) and increases the total
estimated project cost to $470,000
($60,000/County). The project is to be funded from
Chico Urban Area Street Facility Fees, to be
reimbursed at a later date by the State - action
requested - ADOPT RESOLUTION 94-56 AUTHORIZING
EXECUTION OF COOPERATIVE AGREEMENT AND AUTHORIZE
THE CHAIR TO SIGN.
22. Mediation Center of the North Valley (MCNV) - the
proposed renewal agreement is for the provision of
a small claims advisor service pursuant to Code of
Civil Procedure Sections 116.260 and 116.940
commencing March 1, 1994 through June 30, 1995 in
the maximum amount of $1,500 per month - action
requested - APPROVE AGREEMENT AND AUTHORIZE THE
CHAIR TO SIGN.
23. Mediation Center of the North Valley (MCNV) -
proposed is a modification of the agreement between
the County and MCNV for the award of a grant to
assist the funding of a Dispute Resolution Program
(dated December 3, 1991) extending the term of the
agreement to June 30, 1995, and providing an
allocation of funds, to be paid in semi-annual,
approximately equal installments (upon proper claim
submitted by MCNV), the total of which is not to
exceed $18,000 in fiscal year 1994-95. Should
revenue to the Trust Fund exceed $18,000,
additional appropriations and disbursements may be
made as agreed upon - action requested - APPROVE
MODIFICATION OF AGREEMENT AND AUTHORIZE THE CHAIR
TO SIGN PENDING APPROVAL OF COUNTY COUNSEL AND THE
AUDITOR-CONTROLLER.
24. 1993-94 Workers Compensation Insurance Fraud
Prevention Program Grant - because of delays at the
State level in forwarding cases to Butte County,
current fiscal year expenditures have not been
made. "Rollover" of the award to fiscal year 1994-
95 with offsets against the coming year's program
is permitted. There are no County costs associated
with this program - action requested - ADOPT
RESOLUTION 94-57 AUTHORIZING THE DISTRICT ATTORNEY
TO ENTER INTO A GRANT AWARD AGREEMENT WITH THE
STATE DEPARTMENT OF INSURANCE FOR THE PROSECUTION
OF WORKERS' COMPENSATION INSURANCE FRAUD AND
AUTHORIZE THE CHAIR TO SIGN.
Page 131
May 10, 1994
94-142
25. Emergency Food and Shelter Program (Phase XII) -
the Mental Health Department wishes to be a local
recipient organization and accept $3,000 in funding
from the Butte, Glenn, Colusa FEMA Board under
Phase XII of the Emergency Food and Shelter
Program. The funds will be used for an emergency
shelter voucher program for the homeless mentally
ill. The term of this agreement is January 1, 1994
through September 30, 1994 - action requested -
APPROVE PROGRAM PARTICIPATION AND THE ACCEPTANCE
AND DEPOSIT OF $3,000 IN FEMA FUNDS INTO A COUNTY
MENTAL HEALTH DEPARTMENT CHECKING ACCOUNT TO
CONDUCT THIS PROGRAM.
26. State Department of Alcohol and Drug Programs -
proposed is amendment A4 to the State negotiated
net amount (NNA) contract (NET04-91) to amend
payment provisions (fiscal year 1992-93 amounts are
amended) and incorporating the budget forms as
submitted by the County's Alcohol and Drug
Services. The term of the contract is July 1,
1992 through June 30, 1993 in the maximum amount of
$2,448,073 (State/Federal) - action requested -
APPROVE AMENDMENT TO CONTRACT AND AUTHORIZE THE
CHAIR TO SIGN.
27. Cherokee Volunteer Fire Station - on July 27, 1993
the Board approved a 50 year lease on Cherokee Road
(AP 041-50-0-010-0) for a future volunteer fire
station site. Since that time the Cherokee
volunteers have raised a substantial amount of
money and are almost ready to start construction of
a metal two-bay apparatus room and training room -
action requested - WAIVE ALL COUNTY FEES ASSOCIATED
WITH PERMITS ISSUED FOR SEPTIC SYSTEMS, LAND USE,
LAND PLANNING, AND BUILDING CONSTRUCTION AND
INSPECTION.
28. City of Biggs - submits resolution 94-4, requesting
the Board of Supervisors permit the County Clerk to
render services to the city relating to the
November General Election (November 8, 1994) -
action requested - AUTHORIZE THE COUNTY CLERK-
RECORDER TO CONDUCT AND CANVASS THE RETURNS OF THE
NOVEMBER 8, 1994 CONSOLIDATED ELECTION.
MOTION: I MOVE TO APPROVE THE CONSENT AGENDA WITH THE
REMOVAL OF ITEM 3.24.
~S M
VOTE: 1 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
Page 132
May 10, 1994
May 10. 1994
Regular Agenda
94-143 Appointments - commissions and committees.
a. Appointments to committee vacancies. (NONE)
94-144 Land Conservation Act agreement - the Land Conservation
Act Advisory Committee has reconsidered and recommends
for approval (subject to six conditions listed in the
staff report dated April 12, 1994) the application of
Mr. and Mrs. Richard Jones for an amendment to the
existing Williamson Act agreement for ±302 acres, AP 039-
200-061, property located on Crouch Avenue, Durham area -
action requested - APPROVE AMENDMENT TO THE APPLICATION
AS REQUESTED FOR 40 ACRE PARCELS OR ALTERNATIVELY, 80
ACRE PARCELS AND AUTHORIZE THE CHAIR TO SIGN. (FROM 4-
12-94)
MOTION: I MOVE TO APPROVE THE AMENDMENT OF THE
WILLIAMSON ACT CONTRACT WITH THE FOLLOWING
CONDITIONS: (1) FOUR PARCELS OF NOT LESS
THAN 40 ACRES, WITH ONE OF THE PARCELS
RESTRICTED FROM THE DEVELOPMENT OF A SINGLE
FAMILY HOME, WOULD BE PERMITTED.; (2) ONE
PARCEL OF NOT LESS THAN 135 ACRES RESTRICTING
THE DEVELOPMENT OF A SINGLE FAMILY HOME.;
(3) AI,L OF THE PROPERTY WOULD BE IN ORCHARD
CROP PRODUCTION.; (4) NONE OF THE PROPERTY
WOULD BE UTILIZED FOR WATER SKI FAKES,
ALTHOUGH A POND FOR IRRIGATION PURPOSES WOULD
BE PERMITTED IF IT IS NO MORE THAN FOUR ACRE
FEET. ; (5) THE SIAUGH ALIGNMENT THROUGH THE
PROPERTY WOULD BE ABANDONED AND VACATED UPON
THE ACQUISITION OF AN ALTERNATE WATER SOURCE,
WHICH MAY, IN FACT BE FROM A PORTION OF THE
SIAUGH AREA.; AND (6) THE AMENDMENT OF THE
CONTRACT WOULD BE PERMITTED ONLY IN
CONJUNCTION WITH THE APPROVAL AND RECORDATION
OF A SUBDIVISION MAP.
M S
VOTE: 1 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
94-145 Update on Sacramento legislative and budget activities.
(240) (THE CHIEF ADMINISTRATIVE OFFICER REPORTED ON THE
STATUS OF THE STATE BUDGET AND ITS IMPACT ON LOCAL
GOVERNMENT, AND THE PROJECTED $300,000,000 SHORTFALL IN
THE PROPERTY TAX TRANSFER EARMARKED FOR THE EDUCATIONAL
REVENUE AUGMENTATION FUND [ERAF])
Page 133
May 10, 1994
94-145 MOTION: I MOVE TO REQUEST THE BOARD SEND A LETTER OF
PROTEST OF THE CALIFORNIA CITIZENS
COMPENSATION COMMISSION'S 37 PERCENT RAISE FOR
THE LEGISLATURE, AND A REQUEST THAT THE
LEGISLATURE CONSIDER LOWERING, OR
SIGNIFICANTLY REDUCING, THEIR PER DIEM.
S M
VOTE: 1 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
94-146 Consideration of a resolution in opposition to
Proposition 180 - "CALPAW '94" - action requested - ADOPT
RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (417)
MOTION: I MOVE TO ADOPT RESOLUTION 94-58 AND AUTHORIZE
THE CHAIR TO SIGN.
M S
VOTE: 1 2 N 3 Y 4 Y 5 Y (Motion Carried)
94-147 Report to Board regarding bids received May 4, 1994 for
construction of Oroville Bangor Highway and LaPorte
Road - action requested - AWARD CONTRACT TO LOW BIDDER.
(979)
MOTION: I MOVE TO AWARD THE CONTRACT TO LOW BIDDER
LORANG BROTHERS CONSTRUCTION, COLFAX IN THE
AMOUNT OF $1,084,130.20.
S M
VOTE: 1 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
94-148 State Department of Social Services/ County of Butte -
Interim Statewide Automated Welfare System (ISAWS)
Project - action requested - APPROVE MEMORANDUM OF
UNDERSTANDING AND AUTHORIZE THE CHAIR TO SIGN. (1018)
MOTION: I MOVE TO APPROVE THE MEMORANDUM OF
UNDERSTANDING AND AUTHORIZE THE CHAIR TO SIGN.
M S
VOTE: 1 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
94-149 Items removed from the Consent Agenda for Board
consideration and action.
1. Richardson Springs Community Services District -
proposed is an agreement for full and complete
transfer of control and responsibility for the
Richardson Springs Wastewater Improvement Project
from the County of Butte/County Service Area No.
130 to the Richardson Springs Community Services
District. This agreement will be executed by the
California water Quality Control Board,
acknowledging that the Water Board will look only
to the community services district and not the
County/CSA as the entity responsible for the
project and the facility - action requested -
APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN.
(NO ACTION TAKEN)
Page 134
May 10, 1994
94-150 CLOSED SESSION: The Board recessed at 9:45 a.m. for
a closed session for existing
litigation pursuant to Government
Code Section 54956.9 (Potts v.
Anderson, Administrative Hearing No.
93270213 BU; State No. 04-35-110361;
County of Butte v. Holcomb, Butte
County Superior Court No. 63544; 3d
DCA No. 3 Civil C015096; Moench v.
Huerta, Butte County Superior Court
No. 116643; and Turner, Richter v.
County of Butte), and anticipated
litigation pursuant to Government
Code Section 54956.9 (North County
Parents Association for Children
with Special Needs v. California
Department of Education, request for
permission to join amicus brief.)
RECONVENE: The Board reconvened at 10:20 a.m.
following a closed session for existing
litigation pursuant to Government Code
Section 54956.9 (Potts v. Anderson,
Administrative Hearing No. 93270213 BU;
State No. 04-35-110361; County of Butte
v. Holcomb, Butte County Superior Court
No. 63544; 3d DCA No. 3 Civil C015096;
Moench v. Huerta, Butte County Superior
Court No. 116643; and Turner, Richter v.
County of Butte), and anticipated
litigation pursuant to Government Code
Section 54956.9 (North County Parents
Association for Children with Special
Needs v. California Department of
Education, request for permission to join
amicus brief.) (NO ANNOUNCEMENTS)
Invocation - Rev. Michael J. Newman, S.D.S.,
Pastor/Director, Newman Catholic Community
Public Hearings and Timed Items
94-151 Public hearing - Bob Woodworth - consideration of an
appeal of the Development Review Committee's denial of a
tentative parcel map (negative declaration with
environmental mitigations recommended), AP 66-52-02, four
parcels, property located on the north side of Ponderosa
Way, approximately 500 feet east from its intersection
with Nimshew Road, Nimshew area. (1263)
Page 135 May 10, 1994
94-151 MOTION: I MOVE TO DENY THE APPEAL FINDING THAT THERE
ARE TRAFFIC AND TRANSPORTATION CONCERNS IN THE
UPPER RIDGE AREA WHICH MUST BE MITIGATED AND
THAT THIS SITE APPEARS TO HAVE SIGNIFICANT
ARCHAEOLOGICAL ARTIFACTS WHICH REQUIRE SOME
TYPE OF PROTECTION. FURTHER, FIND THAT THE
EXISTENCE AND TYPE OF TRAFFIC CONCERNS
INDICATE THIS PROJECT DOES NOT CONFORM TO THE
LAND USE ELEMENT AND CIRCULATION ELEMENT OF
THE BUTTE COUNTY GENERAL PLAN.
S M
VOTE: 1 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
94-152 Public hearing - Butte County Planning Commission -
consideration of a rezone (determined to be a general
rule exemption from environmental review) of ten acres
zoned R-1 (residential) to SR-1 (suburban residential -
one acre parcels), property located on the north side of
Dakota Avenue, approximately 3,500 feet west of Highway
99 at 260 Dakota Avenue, identified as AP 022-180-021,
Biggs. (2275)
MOTION: I MOVE TO (A) FIND THAT THE PROJECT IS
COVERED BY ARTICLE 5, SECTION 15061(b)(3) OF
THE CEQA GUIDELINES WHICH STATE THE ACTIVITY
IS COVERED BY THE GENERAL RULE THAT CEQA
APPLIES ONLY TO PROJECTS WHICH HAVE THE
POTENTIAL FOR CAUSING A SIGNIFICANT EFFECT ON
THE ENVIRONMENT. WHERE IT CAN BE SEEN WITH
CERTAINTY THAT THERE IS NO POSSIBILITY THAT
THE ACTIVITY IN QUESTION MAY HAVE A
SIGNIFICANT EFFECT ON THE ENVIRONMENT, THE
ACTIVITY IS NOT SUBJECT TO CEQA; (B) FIND THAT
THE PROPOSED ZONING CHANGE TO SR-1 IS
CONSISTENT WITH THE BUTTE COUNTY GENERAL PLAN
DESIGNATION OF MEDIUM DENSITY RESIDENTIAL AND
RECOMMEND THAT AS PART OF THE GENERAL PLAN
UPDATE, THIS PROPERTY BE RETURNED TO A-5; AND
(C) RECOMMEND ADOPTION OF ORDINANCE 3136
REZONING TO SR-1 THE PROPERTY IDENTIFIED AS AP
o22-1so-o21 (sTOCxTON).
M S
VOTE: 1 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
Page 136
May 10, 1994
Mav 10. 1994
94-153 Public hearing - Doug Perske - consideration of an appeal
of the Development Review Committee's conditions no. 1
(Either provide a pump test indicating that the existing
well provides adequate water for a residence, or place a
note on the certificate stating that there is no evidence
that domestic water is available.), no. 2 (Verify legal
access to the parcel from a publicly maintained road in
accordance with Section 20-134 of the County Code.), and
no. 3 (Provide two-way traversable access to the parcel
from a publicly maintained road.) on a Conditional
Certificate of Compliance, AP 56-10-26, one parcel,
property located on the southeast end of Bull Creek Lane
and Cohasset Highway, Cohasset area. (2590) (**00)
MOTION : I MOVE FOR A MOTION OF INTENT TO UPHOLD THE
APPEAL OF CONDITION 2 AND REQUIRE THE
APPLICANT TO PROVIDE A 30 FOOT NON-EXCLUSIVE
EASEMENT TO COHASSET ROAD AND THAT A NOTE BE
PLACED ON THE CERTIFICATE OF COMPLIANCE THAT
NO FURTHER DIVISION OF THIS PARCEL WILL BE
ALLOWED UNTIL ACCESS IS PROVIDED IN ACCORDANCE
WITH SECTION 20-134 OF THE BUTTE COUNTY CODE.
M S
VOTE: 1 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
(HEARING CONTINUED OPEN TO TUESDAY, MAY 24, 1994 AT
10:00 A.M.)
94-154 Continued hearing - Rosemary and Melvin Bodarke -
consideration of the Planning Commission's denial of a
use permit (negative declaration regarding environmental
impacts has been recommended) to allow a horse arena,
boarding and training of horses on property zoned A-20
(Agricultural - 20 acre parcels) , property located at the
end of Alberton Avenue, south of Chico River Road, at
10176 Alberton Avenue, identified as AP 039-140-013,
Chico. (FROM 4-12-94) (40)
MOTION: I MOVE TO APPROVE THE APPEAL FINDING THAT
A. AN INITIAL STUDY WAS COMPLETED IN
COMPLIANCE WITH THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT WHICH IDENTIFIED POTENTIAL
SIGNIFICANT ENVIRONMENTAL EFFECTS THAT THE
PROJECT MAY HAVE HAD, BUT PROVISIONS IN THE
PROJECT PLANS OR PROPOSALS AGREED TO BY THE
APPLICANT WOULD MITIGATE SUCH EFFECTS TO A
POINT WHERE CLEARLY NO SIGNIFICANT
ENVIRONMENTAL EFFECTS WOULD OCCUR; B. THE
BOARD OF SUPERVISORS HAS INDEPENDENTLY
REVIEWED, ANALYZED AND CONSIDERED THE PROPOSED
Page 137
May 10, 1994
94-154 NEGATIVE DECLARATION WITH MITIGATION MEASURES
PRIOR TO HARING ITS DECISION ON THE PROJECT,
AND SAID NEGATIVE DECLARATION REFLECTS THE
INDEPENDENT JUDGMENT OF THE COUNTY OF BUTTE;
C. THE PROJECT IS IN CONFORMANCE WITH THE
BUTTE COUNTY GENERAL PLAN AND ZONING AND WILL
NOT HAVE AN EFFECT ON WILDLIFE AND IS
DEMINIMUS AND THAT APPROVAL OF THE PROJECT
WILL NOT BE DETRIMENTAL TO THE HEALTH, SAFETY,
OR WELFARE OF THE PEOPLE OF BUTTE COUNTY
PROVIDED THE REQUIRED CONDITIONS AND
MITIGATIONS ARE COMPLIED WITH; AND D. SUBJECT
TO THESE FINDINGS, MAKE A MOTION TO ADOPT A
NEGATIVE DECLARATION WITH MITIGATION MEASURES
AND APPROVE THE USE PERMIT FOR BODARKE ON AP
039-140-013 TO ALLOW AN EQUESTRIAN FACILITY.
APPROVAL SHALL BE SUBJECT TO THE FOLLOWING
CONDITIONS: 1. APPLICANT SHALL MAINTAIN A
CONTRACT WITH A DISPOSAL COMPANY FOR THE
REMOVAL OF MANURE A MINIMUM OF TWICE A MONTH.
ADDITIONALLY, COLLECTION AND STORAGE OF MANURE
SHALL BE ADMINISTERED TO WEEKLY WITH THE
APPLICANT MAINTAINING A COVERED COMPOST
FACILITY. APPLICANT SHALL COMPLY WITH THE
CONDITIONS IMPOSED BY THE ENVIRONMENTAL HEALTH
DEPARTMENT THAT THE FACILITY BE MAINTAINED IN
A CLEAN AND SANITARY MANNER.; 2. REQUIRE A 50
FOOT NO DISTURBANCE SETBACK FROM THE TOP BANK
OR OUTER EDGE OF THE RIPARIAN VEGETATION,
WHICHEVER IS GREATER, ALONG THE DRAINAGE CANAL
THAT REPRESENTS THE SOUTHERN BOUNDARY OF THE
PARCEL AND LITTLE CHICO CREEK WHICH BORDERS
THE NORTHERN BOUNDARY OF THE PARCEL. NO
STRUCTURES, DUMPING, FILL MATERIAL, OR
EXCAVATION SHALL BE ALLOWED IN THE NO
DISTURBANCE SETBACK. VEGETATION REMOVAL SHALL
BE LIMITED TO THAT NECESSARY FOR FLOOD CONTROL
AND NORMAL ORCHARD OPERATIONS. ALL NATIVE
TREES, IN A LIVING CONDITION SHALL BE
RETAINED. ALL VEGETATION REMOVAL SHALL BE
APPROVED BY THE DEPARTMENT OF FISH AND GAME
PRIOR TO REMOVAL.; 3. TREES SHALL BE PLANTED
BETWEEN THE COVERED RIDING ARENA AND THE SOUTH
PROPERTY LINE OF THE PROJECT SITE FOR THE
PURPOSE OF SERVING AS A WINDBREAK AND A SCREEN
TO ATTENUATE NOISE, DUST AND DRIFT OF
AGRICULTURAL SPRAYS. SUCH TREES SHALL BE
PLANTED AT INTERVALS OF FIVE FEET AS NECESSARY
TO AUGMENT THE EXISTING TREE LINE. THE TREES
TO BE PLANTED SHALL BE FAST GROWING TREES OF A
Paqe 138
May 10, 1994
94-154 TYPE SUITABLE FOR THE INTENDED PURPOSE AND NOT
LESS THAN FIVE GALLON SIZE. THE TREES SHALL
BE WATERED, FERTILIZED AND OTHERWISE
MAINTAINED IN A MANNER TO ENCOURAGE THEIR
GROWTH AND MAINTAIN THEIR VIGOR.; 4. THE
ALMOND ORCHARD ON THE PROJECT SITE SHALL BE
MAINTAINED IN ACCORDANCE WITH GOOD
AGRICULTURAL PRACTICES IN ORDER TO MINIMIZE
THE HARBORAGE OF PESTS AND DISEASES
POTENTIALLY HARMFUL TO NEIGHBORING
AGRICULTURAL ACTIVITIES. IF THE ORCHARD IS
NOT SO MAINTAINED, IT SHALL BE REMOVED BY THE
APPLICANT.; 5. THE OPERATION OF ORGANIZED
EVENTS AND TRAINING SESSIONS WILL BE CONDUCTED
DURING THE HOURS OF 8:00 A.M. AND 10:00 P.M.
AND SHALL BE LIMITED TO 25 VEHICLES AT ANY
PROPOSED ACTIVITY PER DAY EXCEPT THAT EVENTS
CONDUCTED PURSUANT TO CONDITION 6 ARE TO BE
CONCLUDED BEFORE 8:00 P.M.; 6. APPLICANT SHALL
LIMIT THE NUMBER OF ORGANIZED EVENTS TO FOUR
(4) A YEAR. THIS LIMITATION DOES NOT APPLY TO
THE DAILY TRAINING OF HORSES.; 7. THE USE OF
ANY VOICE AMPLIFICATION SYSTEMS SHALL BE
LIMITED TO THE ARENA AREA AND SHALL NOT EXCEED
80 DB AT ANY ADJOINING PROPERTY LINE.; 8. THE
APPLICANT WILL SEND WRITTEN NOTICE TO EACH
RESIDENCE AND OWNER OF A PARCEL OF REAL
PROPERTY WITHIN A DISTANCE OF 350 FEET FROM
THE BOUNDARIES OF THE PROJECT SITE AND/OR
FRONTING ON ALBERTON ROAD NOT LESS THAN 14
DAYS PRIOR TO HOLDING OF ORGANIZED EVENTS ON
THE PROJECT SITE.; 9. THE APPLICANT WILL AVOID
HOLDING ORGANIZED EVENTS AT TIMES WHEN
AGRICULTURAL SPRAYING APPLICATIONS ARE BEING
CONDUCTED ON ADJACENT PARCELS, PROVIDED THAT
THE OWNER OR REPRESENTATIVE OF ADJACENT
PROPERTIES HAS GIVEN 14 DAYS ADVANCE NOTICE
THAT SUCH SPRAYING IS TO BE DONE.; 10. NO MORE
THAN 25 HORSES SHALL BE BOARDED ON SITE AT ANY
ONE TIME, UNLESS AN APPLICATION FOR
MODIFICATION OF THIS PERMIT IS MADE TO THE
PLANNING COMMISSION AND GRANTED FOLLOWING A
PUBLIC HEARING.; 11. FOR THE PURPOSES OF ON-
SITE TRAINING, NO MORE THAN FIVE ADDITIONAL
HORSES SHALL BE TRANSPORTED DAILY TO AND FROM
THE SITE UNLESS AN APPLICATION FOR
MODIFICATION OF THIS PERMIT IS MADE TO THE
PLANNING COMMISSION AND GRANTED FOLLOWING A
PUBLIC HEARING.; 12. HORSE RIDING ACTIVITIES
SHALL REMAIN ON THE PROJECT SITE AND SIGNS
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May 10, 1994
94-154 WILL BE POSTED IN CONSPICUOUS LOCATIONS IN THE
STABLE NOTIFYING RIDERS THEY WILL NOT BE
PERMITTED TO RIDE ONTO ADJACENT PROPERTIES OR
ONTO ALBERTON ROAD. IT IS UNDERSTOOD THAT
HORSES MAY BE TRANSPORTED FROM THE PROJECT
SITE FOR RIDING AND COMPETITIVE EVENTS TO BE
HELD ELSEWHERE OFF-SITE.; 13. APPLICANT SHALL
SIGN A RIGHT-TO-FARM STATEMENT BENEFITING
ADJACENT PROPERTIES INCLUDING, BUT NOT LIMITED
TO M&T RANCH AND ITS SUCCESSORS AND ASSIGNS,
AND ADDITIONALLY THE APPLICANT AGREES TO
EXECUTE A HOLD HARMLESS WITH BUTTE COUNTY
RELATIVE TO CONTINUED AGRICULTURAL ACTIVITIES
ON SURROUNDING PROPERTIES, INCLUDING, BUT NOT
LIMITED TO, AERIAL AND GROUND APPLICATIONS OF
AGRICULTURAL MATERIALS NECESSARY FOR THE
PRODUCTION OF AGRICULTURAL COMMODITIES AND
PRODUCTS.; 14. APPLICANT AGREES TO SIGN THE
AGREEMENT IN SUBSTANTIALLY ITS PRESENT FORM AS
PRESENTED BY M&T RANCH AND MEET ALL CONDITIONS
STIPULATED THEREIN.; 15. THE APPLICANT SHALL
PAY THE CURRENTLY REQUIRED FEE ($200) INTO THE
BATTALION 4 BUTTE COUNTY WATER TENDER FUND AND
PROVIDE ALL WEATHER ACCESS TO THE BARN FOR A
40,000 POUND FIRE APPARATUS.; 16. BUILDING
PERMIT FEES AND ANY CURRENT, OR NEW, IMPACT
FEES ARE TO BE PAID AT THE FEE LEVEL IN PLACE
AT THE TIME OF THE APPLICATION FOR THE
BUILDING PERMIT.; 17. APPLICANT SHALL ALSO
COMPLY WITH ALL OTHER APPLICABLE STATE AND
LOCAL STATUTES, ORDINANCES AND REGULATIONS.;
AND 18. MINOR CHANGES MAY BE APPROVED
ADMINISTRATIVELY BY THE DIRECTOR OF
DEVELOPMENT SERVICES OR DESIGNEE UPON RECEIPT
OF A SUBSTANTIATED WRITTEN REQUEST BY THE
APPLICANT. PRIOR TO SUCH APPROVAL,
VERIFICATION SHALL BE MADE BY EACH DEPARTMENT
OR DIVISION THAT THE MODIFICATION IS
CONSISTENT WITH THE APPLICATION, FEES PAID AND
ENVIRONMENTAL DETERMINATION AS CONDITIONALLY
APPROVED. CHANGES DEEMED TO BE MAJOR OR
SIGNIFICANT IN NATURE SHALL REQUIRE A FORMAL
APPLICATION FOR AN AMENDMENT.
M S
VOTE: 1 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
Paqe 140
May 10, 1994
94-155 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.) (355)
1. Stephen Sayre, Conservation Chair, Yahi Group,
Sierra Club - stopping the deforestation of our
mountain communities.
2. Paul Vesely, Magalia - appeared in opposition to a
Paradise Post article regarding a potential
moratorium against new construction in the Upper
Ridge.
94-156 CLOSED SESSION: The Board recessed at 11:35 a.m. for
a recess until 1:15 p.m. followed by
a closed session for existing
litigation pursuant to Government
Code Section 54956.9 (Butte County
Employees Association [BCEA] v.
County of Butte, Butte County
Superior Court No. 117550 and
Turner, Richter v. County of Butte),
liability claims pursuant to
Government Code Section 54956.95
(Bradbury v. County of Butte, a
workers' compensation matter), and a
conference with labor negotiator
William Avery pursuant to Government
Code Section 54957.6.
RECONVENE: The Board reconvened at 2:18 p.m.
following a closed session for existing
litigation pursuant to Government Code
Section 54956.9 (Butte County Employees
Association [BCEA] v. County of Butte,
Butte County Superior Court No. 117550
and Turner, Richter v. County of Butte),
liability claims pursuant to Government
Code Section 54956.95 (Bradbury v. County
of Butte, a workers' compensation
matter), and a conference with labor
negotiator William Avery pursuant to
Government Code Section 54957.6. (NO
ANNOUNCEMENTS)
Page 141
May 10, 1994
94-157 Communications
Communications received and referred. (COPIES OF ALL
COMMUNICATIONS ARE AVAILABLE IN THE CLERK OF THE BOARD
OFFICE.)
a. Dick Puelicher, Treasurer-Tax Collector - forwards
to the Board the findings of Public Employees
Retirement System (PERS) employed actuaries that
Butte County, along with almost all other members
of PERS, has insufficient assets on deposit with
the retirement system to meet estimated future
pension obligations along with a recommendation for
financing this pension liability. (ACCEPT FOR
INFORMATION)
ADJOURNMENT: There being no further business before
the Board, the meeting was adjourned at
2:18 p.m. to reconvene on Tuesday,
May 24, 1994 at 9:00 a.m.
hn~
ED McLAUGHLIN CHAIR
Butte County Board of Supervisors
ATTEST:
JOHN S. BLACKIACK, Chief Administrative Officer
and Clerk the Board of Supervisors
a~~ ~--
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May 10, 1994