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HomeMy WebLinkAboutM071889July 18, 1989 Ca11 to order - Board of Supervisors room, County Administration Building, 25 County Center Drive, Oroville. Supervisors McInturf, Vercruse and Chairman Fulton present. Supervisors Dolan and McLaughlin not present. William H. Randolph, chief administrative officer; Susan Minasian, county counsel; and Carol Roach, assistant clerk of the Board. Pledge of allegiance to the Flag of the United States of America. Consent Acenda 89-314 1. Approval of minutes - action requested -APPROVE MINUTES OF JUNE 27, 1989. 2. Renaming a private road in the Oroville area from Amberlee Lane (Upham Road to Gald Mountain Road) to LeFerre Lane - action requested - ADOPT RESOLUTION 89-107 SETTING A PUBLIC HEARING FOR AUGUST 15, 1989 AT 11:00 A.M. 3. Caunty library donation - in accordance with Government Code Section 25355, a donation of $150 has been received from James H. Kirks, Jr., Chico for the Butte County Library Trust for the purchase of books - action requested - ACCEPT DONATION AND AUTHORIZE LETTER OF APPRECZATTON, 4. Appointments to Chico Memorial Hall Committee - action requested - APPOINT STEVE DELTA (DELEGATE) AND REAPPOINT CLIFFORD DEBLER (ALTERNATE} OF THE FLEET RESERVE ASSOCIATION, BRANCH 65 TO SERVE UNTIL DECEMBER 31, 1989. Page 200 July 18, 1989 July 18, 1989 89-314 5. Final Map - South Fork Estates Subdivision - the developer has provided a letter of credit to guarantee maintenance of facilities for a period of one year commencing July 5, 1989 on the nine lot subdivision, AP 42-09-25, property located on the north side of Kennedy Avenue, 2000 feet west of Muir Avenue, Chico area - action requested - APPROVE THE FINAL MAP; ACCEPT EASEMENTS AS GRANTED IN ITEMS 1 AND 2 OF THE OWNER'S CERTIFICATE ON BEHALF OF THE AGENCIES LISTED; ACCEPT GRANT IN FEE SIMPLE KENNEDY AVENUE AND THE ONE FOOT NO ACCESS STRIPS AS OFFERED TN ITEMS 3 AND 4 OF THE OWNER'S CERTIFICATE; AND AUTHORIZE THE CHAIRMAN TO SIGN THE SUBDIVISION AGREEMENT. 6. Jodi L. Clary, attorney at law on behalf of David Meraz - files a claim in the amount of $150,000 as a result of alleged injuries and damages sustained in an automobile accident on or about January 30, 1989 - action requested - REJECT CLAIM AND REFER TO COUNTY COUNSEL AND RISK MANAGEMENT. 7. 1988/89 Final Report of the Butte County Grand Jury - action requested - DIRECT THE CHIEF ADMINISTRATIVE OFFICER TO SECURE COMMENTS FROM APPROPRIATE COUNTY OPERATING DEPARTMENTS. 8. Salary ordinance amendment - increases the "flat" salary rates for life guards and life guard/manager - action requested - WAIVE THE SECOND READING AND ADOPT ORDINANCE 2765. 9. Approval of plans and specifications - hazard elimination project no. HES-0005 (275) - plans and specifications have been prepared for widening of shoulders and culverts, installing signs, and placing pavement markings an various roads - action requested - APPROVE THE PLANS AND SPECIFICATIONS; AUTHORIZE THE CHAIRMAN AND DIRECTOR OF PUBLIC WORKS TO SIGN PLANS; ADOPT THE WAGE SCALE; AND SET BID OPENING ON AUGUST 10, 1989 AT 11:00 A.M. IN THE PUBLIC WORKS OFFICE, SUBJECT TO CALTRANS AND FHWA APPROVAL. Page 201 July 18, 1989 July 18, 1989 89-314 10. Applications for assistance - California Energy Commission - a technical assistance application has been prepared to study the feasibility of using water from the Thermalito Power Canal to cool three county buildings - action requested - ADOPT RESOLUTION 89-108 DIRECTING THE ADMINISTRATIVE OFFICE TO FILE THE APPLICATION. 11. City of Gridley rural renaissance agreement - the agreement provides for development of the specific plan for the Gridley industrial area utilizing rural renaissance funds in the amaunt of $35,000 - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIRMAN TO SIGN. 12. Richard Davis agreement - an agreement in the maximum amount of $1,500 has been prepared to render technical and professional services in connection with the on-site visual inspection of the transit coach being manufactured at the Gillig plant in Hayward - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIRMAN TO SIGN. 13. Pesticide residue agreement - agreement 89-0002 has been prepared with the State Department of Food and Agriculture in the amount of $4,270 covering the period July 1, 1989 through June 3©, 1990 -- action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIRMAN TO SIGN. MOTION: MOVE TO APPROVE THE CONSENT AGENDA. M S VOTE: 1 Y 2 AB 3 Y 4 AB 5 Y (Unanimously Carried) Regular Actenda 89-315 89-316 Items removed from the Consent Agenda for Board consideration and action. (NONE} Appointments - commissions and committees. a. Appointments to the South Paradise Rezone Citizens Advisory Committee - action requested - MAKE APPOINTMENTS. {CONTINUED TO AUGUST ~., 1989) b. Appointments to committee vacancies. (NONE} (SUPERVISORS DOLAN AND McLAUGHLIN PRESENT) Page 202 July 18, 1989 July 18..,___1989 89-317 Consideration of letter from Joseph L. Burrell regarding the Bell- Muir Study Area. (CONTINUED TO AUGUST 15, 1989) 89-318 CLOSED SESSION: The Board recessed to closed session at 9:12 a.m. for the purpose of meet and confer and pending litigation of William St. Clair and John Shelton vs . County of Butte and City of Chico pursuant to Government Code Section 54956.9(a). RECONVENE: The Board reconvened at 9:53 a.m. following a closed session on meet and confer and pending litigation. (NO ANNOUNCEMENTS) Public Hearings and Timed Items (NEIL MCCABE, DEPUTY COUNTY COUNSEL PRESENT) 89-319 Public hearing - Jane Dolan - appeal of the Advisory Agency's approval of James Dias, West Chico Estates tentative subdivision map (negative declaration with environmental mitigations recommended), AP 43-04-10, 54 lots, property located at the intersection of Fern Avenue and West 11th Avenue lying immediately east of the S.P.R.R., Chico area. (237) (CONTINUED OPEN TO AUGUST 1, 1989 AT 11:15 A.M.) 89-320 Public hearing - consideration of an ordinance adding article VII entitled "Dangerous Animals" to Chapter 4 of the Butte County Code - action requested - WAIVE THE FIRST READING OF THE ORDINANCE. (300) MOTION: MOVE TO WAIVE THE FIRST READING OF THE ORDINANCE. M S VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) RECESS: 10:47 A.M. RECONVENE: 10:52 A.M. Page 203 July 18, 1989 July 18~ 1989 89-321 Public hearing - George Glenn - Carriage Manor PUD - abandonment of a 10-foot Public Utility Light and Air Easement, lots 55 and 56 Carriage Manor PUD, property located on the south side of Chaise Drive, 50 feet east of Calash Drive, in Carriage Manor, identified as AP 35- 78-55 and 56, Oroville. {1930) MOTION: MOVE TO FIND THIS ABANDONMENT IN CONFORMITY WITH THE GENERAL PLAN SUBJECT TO THE FOLLOWING CONDITION: RESERVING, HOWEVER, TO PACIFIC GAS AND ELECTRIC COMPANY THE RIGHT FROM TIME TO TIME TO INSTALL, MAINTAIN, REPAIR, OPERATE, REPLACE, REMOVE AND RENEW UNDERGROUND CONDUITS, PIPES, SERVICE BOXES, WIRES, CABLES, AND ELECTRICAL CONDUCTORS; UNDERGROUND SWITCHES, FUSES, TERMINALS, AND TRANSFORMERS; AND FIXTURES AND APPURTENANCES, FOR THE OPERATION OF SAID FACILITIES WITHIN THE STRIP OF LAND DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF LOT 55 AS SHOWN ON THE MAP ENTITLED "CARRIAGE MANOR SUBDIVISION" FILED FOR RECORD ON OCTOBER 26, 1978 IN BOOK 66 OF MAPS AT PAGE 48, BUTTE COUNTY RECORDS AND RUNNING THENCE SOUTH 5.0 FEET TO THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION, THENCE N 89 DEGREES 30 ' 00" E 5.0 FEET; THENCE S 5.0 FEET; THENCE S 89 DEGREES 30' 00" W 10.0 FEET; THENCE N 5.0 FEET; THENCE N 89 DEGREES 30' 00" E 5.0 FEET TO THE TRUE POINT OF BEGINNING; AND ADOPT RESOLUTION $9-109 ABANDONING THE PUBLIC UTILITY EASEMENT. M S VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) 89-322 Public hearing - William McGuire - rezone (proposed negative declaration regarding environmental impact) from A-R (agricultural-residential) and U (unclassified) to SR-1 (suburban-residential, one acre parcels), property located approximately 1,700 feet southwest of the Chico Canyon Road and Centennial Road intersection on the south side of Chico Canyon Road, identified as AP 011-02-0- 002, 01.6, 095, Chico. (1987) Page 204 July 18, 1989 July_ 1.$ ,_ _19.89 MOTION: MOVE TO ACCEPT THE RECOMMENDATIONS OF STAFF MEMORANDUM DATED APRIL 2 5 , 19 8 9 ; AND FIND THAT 1. THE REQUIREMENTS OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT HAVE BEEN COMPLETED AND CONSIDERED IN MAKING THIS DECISION AND A NEGATIVE DECLARATION IS HEREBY APPROVED AND ADOPTED; 2. THE PROPOSED REZONE CONFORMS TO THE POLICIES, INCLUDING THE TEXT AND MAP, OF THE BUTTE COUNTY GENERAL PLAN BECAUSE IT IS IN AN AREA OF THE SAME TYPE OF DEVELOPMENT; AND ADOPT ORDINANCE 2766 REZONING TO SR-1 THAT PROPERTY IDENTIFIED AS AP 11-02-02, 16 AND 95. S M VDTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) 89-323 Public hearing - Butte County Planning Commission -- consideration of an ordinance amending section 24-37.6 of the Butte County Code {proposed negative declaration regarding environmental impact) pertaining to the abandonment of non-conforming uses; the purpose of which is to clarify the property owners right to rebut presumed abandonment of a non-conforming use and adds specific appeal procedures. MOTION: MOVE TO FIND THAT THE REQUIREMENTS OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) HAVE BEEN COMPLETED AND CONSIDERED IN MAKING THIS DECISION AND ADOPT A NEGATIVE DECLARATION; AND ADOPT ORDINANCE 2767 AMENDING SECTION 24-37.6 OF THE BUTTE COUNTY CODE PERTAINING TO THE ABANDONMENT OF NONCONFORMING USES AS STATED IN EXHIBIT B OF MEMORANDUM DATED MAY 19, 1989. S M VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) 89-324 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.) (2184) {NONE) Page 205 July 18, 1989 July 18, 1989 RECESS: 11:05 A.M. RECONVENE: 11:31 A.M. (SUPERVISOR DOLAN NOT PRESENT) Public Hearings and Timed Items 89-325 Public hearing - Butte County Planning Commission - consideration of code amendment {proposed negative declaration regarding environmental impact) to allow the consideration of wood lots in the A {agricultural), FR {foothill recreational), and TM series {timber mountain} zones, with a use permit in each case, countywide. {2243) (SUPERVISOR DOLAN PRESENT) MOTION: FIND THAT THE REQUIREMENTS OF CEQA HAVE BEEN COMPLETED AND CONSIDERED IN MAKING THIS DECISION AND ADOPT A NEGATIVE DECLARATION; AND FIND THAT THE PROPOSED CODE AMENDMENT CONFORMS TO THE POLICIES, INCLUDING THE TEXT AND MAP OF THE BUTTE COUNTY GENERAL PLAN BECAUSE IT PROVIDES FOR A USE PERMIT PROCEDURE FOR A COMMERCIAL ACTIVITY AND IS OTHERWISE ALLOWED FOR IN THE GENERAL PLAN; AND ADOPT ORDINANCE 2758 AMENDING THE BUTTE COUNTY CODE TO ALLOW WOOD LOTS AS A CONDITIONAL USE IN THE AGRICULTURAL, FOOTHILL-RECREATIONAL, AND TIMBER MOUNTAIN ZONES SPECIFICALLY: SECTION 24-72 (b) (5) WILL BE AMENDED TO READ: "MINING, QUARRYING, COMMERCIAL EXCAVATION AND WOOD PROCESSING PLANTS INCLUDING WOOD LOTS." SECTIONS 24-75(x)(5}, 24-76(a)(5) , 24- 78 (a) (5) , 24-81(a) (5} , and 24-84 {a) (5} WILL BE AMENDED TO READ "MINING, QUARRYING, COMMERCIAL EXCAVATION AND WOOD PROCESSING FOR WOOD GROWN ON-SITE." THE FOLLOWING SECTIONS 24-75, 24- 76, 24-78, 24-81, 24-84, 24-111.5, 23-112, 24- 112.05,24-112.1, 24-112.2,24.112.3, 24-112.4, AND 24-112.5 WILL BE AMENDED TO ADD UNDER {b) USES REQUIRING USE PERMITS, THE FOLLOWING: "WOOD LOTS." SECTIONS 24-165{b)(2), 24- 168(b)(2), 24-171{b)(2}, 24-172(b}{2), 24- 174 {b} {2) , 24-177 {b) (2} , 24~-180 (b) {2) , 24- 183 {b} (2) , AND 24-186 (b) (2) WILL BE AMENDED TO READ: "COMMERCIAL WOOD PROCESSING PLANTS INCLUDING WOOD LOTS." Page 206 July 18 , 3.989 July 18. 1989 ADOPT A NEW CODE SECTION 24-21.451 DEFINING WOOD LOTS. SAID SECTION WOULD READ: "WOOD LOTS: AN AREA OR PARCEL OF LAND USED FOR SPLITTING, SAWING, BUNDLING, STORING, AND SALE OF FIREWOOD AND KINDLING. THE PRODUCTION OR SALE OF LUMBER IS NOT INCLUDED IN THIS DEFINITION, HOWEVER, MILL ENDS OR SCRAP LUMBER PIECES MAY BE SOLD ON-SITE. S M VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) 89-32b Communications a. Holly Borchard, Paradise - writes regarding the Missouri "Adapt a Highway" program and its possible implementation in Butte County. (REFER TO PUBLIC WORKS DIRECTOR) b. Reverend Bill Hamilton, Paradise - writes regarding church services at the Butte County Jail. (REFER TO SHERIFF) ADJOURNMENT: There being nothing further before the Board at this time, the meeting was adjourned at 11:4 3 a . m. to reconvene on Tuesday, J}~ly 25, 1989 at 9:00 a.m. ,~Doard of Supervisors ATTEST: WILLIAM H. RANDOLPH, Chief Administrative Officer and Clerk of the Board By: Page 207 July 18, 1989