HomeMy WebLinkAboutM090187September ~ 1987
Call to order - Board of Supervisors room, 25 County Center Drive,
Oroville. Present: Supervisors Fulton, Mclnturf, Vercruse and
Chair Dolan. Martin J. Nichols, chief administrative officer;
John Kenny, interim county counsel, by Dan Montgomery chief deputy
county counsel; and Pauline Romano, secretary. Absent:
Supervisor McLaughlin
Pledge of allegiance to the Flag of the United States of America.
87-419 Items removed from the Consent Agenda:
1. Approval of minutes - action requested -APPROVE MINUTES OF
AUGUST 11, 1987 AND AUGUST 18, 1987.
2. Special District appointments - the Board of Supervisors is
charged with making appointments pursuant to Elections Code
Section 23503 {c) where no person has been nominated to an
office -action requested -DIRECT THE CHIEF ADMINISTRATIVE
OFFICER TO SEEK NOMINATIONS OF QUALTFTED CANDIDATES FOR BUZZTAIL
COMMUNITY SERVICES DISTRICT, DRAINAGE DISTRICT 100, DRAINAGE
DISTRICT 200, TABLE MOUNTAIN IRRIGATION DISTRICT, RICHVALE
SANTTARY DISTRICT, AND ROCK CREEK RECLAMATION DISTRICT.
3. Final Map - Meadowlark Acres unit 1 - the developer has provided
Letters of Credit to guarantee construction of improvements
within one year for the 14 lot subdivision and common area, AP
07-42-40, 41, 43, and 44, property located on the east side of
Garner Lane, 600 feet north of State Highway 99, Chico area
action requested - APPROVE THE FINAL MAP; ACCEPT EASEMENTS AS
GRANTED IN ITEM 2 OF THE OWNER'S CERTIFICATE ON BEHALF OF THE
PUBLIC; ACCEPT GRANT IN FEE SIMPLE GOLDFINCH COURT AND NIGHTHAWK
WAY AS OFFERED IN ITEM 1 OF THE OWNER'S CERTIFICATE; AND
AUTHORIZE THE CHAIR TO SIGN THE SU$DIVISION AGREEMENT.
Page 354
September 1, 1987
September Ii 1987
4. County Counsel expenses -pending approval of an employment
agreement for County Counsel Susan Roff, Board action is
necessary to authorize a car allowance of $400 per month and
moving expenses not to exceed $2,000 -action requested -
APPROVE CAR ALLOWANCE AND MOVING EXPENSES.
Consent Aganda
87T420 1. Budget transfer. APPROVED BUDGET TRANSFERS B-1, B-2, B-3, and
B-4.
2. Late appeal -Rolf Dornseif - appeal of the Subdivision
Violation Committee conditions of approval on application for
determination, AP 56-24-33 (ptn} for property located on the
west side of Highway 32 approximately 1,000 feet north of Stage
Road, above Forest Ranch. FOUND THAT SUFFTCTENT JUSTIFICATION
EXTSTS PURSUANT TO BUTTE COUNTY SECTION 20-66 BASED UPON INPUT
RECEIVED FROM THE CHIEF ADMINISTRATIVE OFFICER AND PUBLIG WORKS
AND SET A PUBLIC HEARING ON THE APPEAL FOR SEPTEMBER 22, 1987 AT
10:00 A.M.
3. Abatement of substandard dwellings, and illegal dump - Woodleaf
Star Route Box 5491 - a report has been prepared by the Butte
Gounty Health Department identifying an attempt to abate a
substandard cabin, mobile home, and an illegal dump through the
state housing law and the Butte County Codes. PURSUANT TO
CHAPTER 32A OF THE BUTTE COUNTY CODE SET HEARING DATE FOR
SEPTEMBER 22, 1987 AT 10:30 A.M.
4. Abatement of burned substandard mobile home - 15048 Jack Pine
Way, Magalia - a report has been prepared by the health
department identifying their attempts to abate a burned
substandard mobile home. PURSUANT TO CHAPTER 32A OF THE BUTTE
COUNTY CODE SET HEARING DATE FOR SEPTEMBER 22, 1987 AT
10:45 A.M.
5. County Service Area No. 100 (Holly Gardens) - the Butte County
Local Agency Formation Commission has approved a resolution
authorizing the formation of CSA 100 to provide street lighting,
storm drainage maintenance, and sewer pump station maintenance.
ADOPTED RESOLUTION 87-229 RESCINDING RESOLUTION 87-112 AND
SETTING A PUBLIC HEARING DATE FOR OCTOBER 20, 1987 AT 11:00 A.M.
Page 355
September 1, 1987
September ~ 1987
6. County Service Area No. 102 (Meadowlark Acres) - the
Butte Caunty Local Agency Formation Commission has approved a
resolution authorizing the farmation of CSA 102 to provide
street lighting and storm drainage maintenance. ADOPTED
RESOLUTION 87-230 SETTING A PUBLIC HEARING FOR OCTOBER 20, 19$7
AT 11:15 A.M.
7. Appointments to Thompson Flat Cemetery District. APPOINTED
PAULINE HARTLEY, ED WRIGHT, AND DAViD EDWARDS TO SERVE UNTIL
APRIL 1, 1991.
8. Appointments to Housing Authority Board. APPOINTED
JANTCE REYNOLDS TO SERVE AS A TENANT MEMBER UNTIL
APRIL 21, 1987.
9. Appointment of nominees to various special districts -the Board
is charged with making appointments pursuant to Elections Code
Section 23520 in which only one person has been nominated for
any elective office to be filled at an election. APPOINTED
LARRY GRELL TO RICHVALE IRRIGATION DISTRICT FOR FOUR YEARS;
T. C. DENNIS AND KEITH J. ERASER TO NORTH BURBANK PUBLIC UTILITY
DISTRICT FOR FOUR YEARS; CHARLES H. JOHNSON, 3R., AND
WILLIAM B. FIEDLER TO RECLAMATION DISTRICT ~~833 FOR FOUR YEARS;
EDWARD W. BOEGER, AND EARL E. KING TO BIGGS-WEST GRTDLEY WATER
DISTRICT FOR FOUR YEARS; FRANK 3. HATAMIYA AND MAURICE W. CARLIN
T4 BUTTE WATER DISTRICT FOR FOUR YEARS; JOAN MCAMIS,
JOSEPH J. SACCO, AND HARREL WILSON Tp LAKE MADRONE WATER
DISTRICT FOR FOUR YEARS; DON H. HEFFREN, E. FRANKLIN LARRABEE,
AND HOMER F. LUNDBERG TO WESTERN CANAL WATER DISTRICT FOR FOUR
YEARS.
10. Lee Max Barnett, Oroville ~ files a claim in the amount of
$1,000,000 as a result of alleged injuries and damages sustained
on July 20, 3uly 21, July 22 and August 10, 1987 while
incarcerated in the Butte County Jail. REJECTED CLAIM AND
REFERRED TO COUNTY COUNSEL AND RISK MANAGEMENT.
11. David Gutterez, Ghico - files a claim in the amount of X10,000
as a result of alleged injuries sustained on or about the third
week of June 1987 involving an altercation in the Butte Caunty
Jail. REJEGTED CLAIM AND REFERRED T4 COUNTY COUNSEL AND RISK
MANAGEMENT.
12. Ken Lindaas, Jr., Oroville - files a claim in the amount of
$1,000,000 as a result of alleged injuries and damages sustained
on or about May 15, 1987, while incarcerated in the Butte County
Jail. REJECTED CLAIM AND REFERRED TO COUNTY COUNSEL ANB RISK
MANAGEMENT.
Page 356
September 1, 1987
September ~ 1987
13. Ken Lindaas, Jr., Oroville - files a claim in the amount of
$1,000,000 as a result of alleged injuries and damages sustained
on or about August 1, 1987, while incarcerated in the Butte
County Jail. REJECTED CLAIM AND REFERRED TO COUNTY COUNSEL AND
RISK MANAGEMENT.
14. James A. Honer, attorney at law - on behalf of Albert and
Beverly Beeson, files an amendment/supplement to a previous
claim for damages sustained on or about April 6, 1987 as a
result of the Koppers incident. REJECTED AMENDMENT/SUPPLEMENT
TO CLAIM AND REFERRED TO COUNTY COUNSEL AND RISK MANAGEMENT.
J.S. Self insurance computer table - Board authorization is requested
to acquire a modular computer table in estimated amount of $500
for use with a micro computer previously authorized by the
Board. Budget transfer B-2 has been prepared to provide the
necessary appropriation. AUTHORIZED ACQUISITION OF FIXED ASSET.
16. Salary ordinance amendment - the ordinance reclassifies one
supervising correctional officer to a sheriff's sergeant
position to comply with the Penal Code, and adds an additional
assistant planner/associate planner position to the Planning
Department to be financed by funds from AB 2948 (Hazardous Waste
Management Plans). WAIVED THE SECOND READING AND ADOPTED
ORDINANCE 2515.
17. Ordinance amending Butte County Code Section 15-158 posting
requirements relative to smoking ordinance. WAIVED THE FIRST
READING OF THE ORDINANCE.
18. Employment of the handicapped - a resolution has been prepared
which covers an addition to the affirmative action section of
the Personnel Rules regarding hiring of the handicapped. The
employee organizations have been contacted and concur with the
changes. ADOPTED RESOLUTION 87-231 AND AUTHORIZED THE CHAIR TO
SIGN.
l9. Ophir Road, FAS Project No. V363(1} - license agreement -
construction of the Ophir Road project requires crossing over a
United States Department of Energy transmission line right of
way. Required is a license agreement granting the county the
joint use of the right of way for a period of fifty years, with
no cost to the county. APPROVED AGREEMENT AND AUTHORIZED THE
DIRECTOR OF PUBLIC WORKS TO SIGN ON BEHALF OF THE COUNTY.
Fage 357
September 1, 1987
i
September ~ 1987
20. Right-of-way acquisition - agreement of exchange - Ophir Road
Extension, Project No. 21461-84-1, FAU~FAS - it is necessary for
the construction of Ophir Road Extension that the county acquire
four perpetual easements from Lew and Irene Pratt to fulfill the
required mitigation measures by California Fish and Game and to
prevent heavy winter storm damage to the proposed road. The
property owner is requesting an exchange of said easement for
county right-of-way fencing of equal value
A.P. No.
Owners
Perpetual
Easements Acreage
36-21-32
Lew & Irene Fratt
2.51 acres
APPROVED AGREEMENT OF EXCHANGE AND ACCEPTED EASEMENT DEEDS.
21, Right-of-way acquisition -agreements for sale - Ophir Road
extension, Project No. 21461-84-1:
Im-
Parcel rp ove-
No. Owners Acres Land meat Total
4 Strelsky Total = .5461 .5180 None $1,200
Net = .5180
5 Mann Total = .8631 .8357 None $2,100
Net = .8357
APPROVED AGREEMENTS FOR SALE, AUTHORIZED THE CHAIR TO SIGN AND
AUTHORIZED THE AUDITOR TO ISSUE WARRANT UPON DEMAND OF THE
COUNTY'S ESCROW AGENT; AND ACCEPTED DEEDS AND AUTHORIZED THE
CHAIR TO SIGN CERTTFICATE OF ACCEPTANCE.
22. Parkland Bond Act of 19$6 - an application for funds has been
prepared for submission tp the State Department of Parks and
Recreation for the second year of a three year program
authorized by the Board. ADOPTED RESOLUTION 87-232 APPROVING
APPLICATION AND AUTHORIZING THE CHIEF ADMINISTRATIVE OFFICER TO
SIGN ON BEHALF OF THE COUNTY.
Page 358
September 1, 1987
September ~ I987
23. Butte County Schools renewal agreement - the agreement provides
for day treatment services to severely emotionally disturbed
children and youth and covers treatment of twenty children who
have been referred to Loma Vista School as severely emotionally
disturbed. This is a revenue contract in an amount not to
exceed $$2,781. APPROVED AGREEMENT AND AUTHORIZED THE CHAIR TO
SIGN.
24. U. S. Postal Service contract amendment - an amendment been
prepared to the agreement with the United States Postal Service
increasing the transaction fee for food stamp issuance from
$1.90 per transaction to $2.01 to be effective October 1, 1987.
APPROVED CONTRACT AMENDMENT AND AUTHORIZED THE CHAIR TO SIGN.
25. Weights and Measures agreement - Agreement No. 3643 has been
prepared with the State Department of Food and Agriculture in
the amount of $8,275 to augment the Weights and Measures Program
during 1987-88. APPROVED AGREEMENT AND AUTHORIZED THE CHAIR TO
SIGN.
26. Drug Suppression Program counseling contract - a contract has
been prepared with Ed Cannoy in the amount of $7,654 to provide
individual and group therapy in substance abuse counseling
covering the period September 1, 1987 through August 31, 1988.
APPROVED AGREEMENT AND AUTHORIZED THE CHAIR TO SIGN.
27. Attorney services agreement - Ephraim Margolian - an agreement
has been prepared in the amount of $150 per hour plus expenses
to provide attorney services Covering litigation. APPROVED
AGREEMENT AND AUTHORIZED THE CHAIR TO SIGN.
28. Advance step hiring -chief deputy public guardian -public
administrator - Board authorization is requested to hire up to
the "E" step of the salary range. AUTHORIZED ADVANCE STEP
HIRING.
29. Hazardous Waste Management Plan Advisory Committee expenses -
the committee requests Board authorization to provide
reimbursement of registration fees for an upcoming training
workshop to be held in Davis on October 16, 1987. AUTHORIZED
REIMBURSEMENT.
MOTION: APPROVE THE CONSENT AGENDA.
S M
VOTE: l Y 2 Y 3 Y 4 AB 5 Y (Motion carried)
Page 359
September 1, 1987
Se t~ ember „I~ 1987
Reguxar A
87-421 Items removed from the Consent Agenda for Board consideration and
action.
1. Approval of minutes - action requested
AUGUST I1, 1987 AND AUGUST I8, 1987.
MINUTES OF AUGUST 18, 1987 UNTIL CORRECT
MOTION: APPROVE MINUTES OF AUGUST I1, 1987
PRESENT AT TIME OF RECONVENING.
S M
VOTE: l Y 2 Y 3 Y 4 AB 5 Y
- APPROVE MINUTES OF
(CONTINUED APPROVAL OF
SONS ARE MADE.)
TO REFLECT CHAIR DOLAN
(Motion carried)
2. Special District appointments - the Board of Supervisors is
charged with making appointments pursuant to Elections Code
Section 23503 (c) where no person has been nominated to an
office -action requested -DIRECT THE CHIEF ADMINISTRATIVE
OFFICER TO SEEK NOMINATIONS OF QUALIFIED CANDIDATES FOR BUZZTAIL
COMMUNITY SERVICES DISTRICT, DRAINAGE DISTRICT IOfl, DRAINAGE
DISTRICT 200, TABLE MOUNTAIN IRRIGATION DISTRICT, RICHVALE
SANITARY DISTRICT, AND ROCK CREEK RECLAMATION DISTRICT.
MOTION: APPROVE AS REQUESTED DELETING BUZZTAIL COMMUNITY SERVICES
DISTRICT.
S M
VOTE: l Y 2 Y 3 Y 4 AB 5 Y (Motion carried}
3. Final map - Meadowlark Acres unit 1 - the developer has provided
Letters of Credit to guarantee construction of improvements
within one year for the 14 lot subdivision and common area, AP
07-4240, 4I, 43, and 44, property located on the east side of
Garner Lane, 600 feet north of State Highway 99, Chico area -
action requested - APPROVE THE FINAL MAP; ACCEPT EASEMENTS A5
GRANTED IN ITEM 2 OF THE OWNER'S CERTIFICATE ON BEHALF OF THE
PUBLIC; ACCEPT GRANT IN FEE SIMPLE GOLDFINCH COURT AND NIGHTHAWK
WAY A5 OFFERED IN ITEM 1 OF THE OWNER'S CERTIFICATE; AND
AUTHORIZE THE CHAIR TO SIGN THE SUBDIVISION AGREEMENT. (NO
ACTION TAKEN - ITEM TO BE HELD.)
4. County Counsel expenses -pending approval of an employment
agreement for County Counsel Susan Roff, Board action is
necessary to authorize a car allowance of $400 per month and
moving expenses not to exceed $2,000 - action requested
APPROVE CAR ALLOWANCE AND MOVING EXPENSES.
Page 360
September 1, 1987
September 1,_ 1987
MOTION: APPROVE CAR ALLOWANCE AND MOVING EXPENSES.
S M
VOTE: l Y 2 Y 3 Y 4 AB 5 Y (Motion carried)
87-422 Appointments - commissions and committees.
a. Appointments to committee vacancies.
MOTION: APPOINT SANE DOLAN TO SERVE AS THE BOARD'S APPOINTMENT TO
THE ART COMMISSION.
M 5
VOTE: l Y 2 Y 3 Y 4 AB 5 Y (Motion carried)
87-423 Discussion of proposed advisory committee for U. S.Forest Service
land exchange in the Paradise area. (Supervisor Fulton) (838)
SUPERVISOR McLAUGHLTN PRESENT AT THIS TIME.
MOTION: ALLOW SUPERVISOR FULTON TO NOMINATE A FIVE PERSON COMMITTEE
THAT WOULD HAVE THE TASK OF LOOKING AT THE LAND EXCHANGE AND
ADVISE THE BOARD OF WHAT ACTION/INVOLVEMENT TO TAKE.
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y {Unanimously carried)
87-424 Report from Chief Administrative Officer on request
for resolution regarding disputed school impact fees. (1590)
MOTION: SEND THIS DISPUTE SACK TO THE CHICO UNIFIED SCHOOL DISTRICT
TO SOLVE THE PROBLEM WITH THE APPLICANT.
' S M
VOTE: l Y 2 Y 3 N 4 Y 5 Y (Motion carried)
87-425 Consideration of request by Sheriff to acquire state surplus property
Bell 47 helicopter. Budget transfer B-1 has been prepared to provide
the necessary appropriation.
MOTION: AUTHORIZE ACQUISITION OF FIXED ASSET.
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
87°426 Consideration of resolution opposing City of Chico annexations
because of projected loss of sales tax revenue to the county.
MOTION: ADOPT RESOLUTION $7-233 OPPOSING CITY OF CHICO ANNEXATIONS.
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
Page 361
September 1, 1987
September ~ 1987
87-427 Annual report of Agricultural Commissioner on acarine mite quarantine
ordinance. (NO ACTION TAKEN. PUBLIC HEARING TO BE SCHEDULED FOR
READOPTION OF ORDINANCE. (1426)
RECESS: The Board recessed at 10:00 a.m, to convene as Butte County Air
Pollution Control District Board of Directors. (2542)
RECONVENE: The Board reconvened at 10:4fl a.m. after adjourning as the Butte
Gounty Air Pollution Control Board of Directors.
Public Hearings and Timed Items
87-428 Public hearing - Leah Martin - appeal of Advisory Agency's denial of
tentative subdivision map (proposed negative declaration with
environmental mitigatipns regarding environmental impact}, AP 41-33-
52 and 53, one parcel plus remainder of property located on both
sides of Pentz Road approximately 1400 feet northerly of its
intersection with Highway 70, Goncow area. (x>s00 226)
MOTION: MOVE TO UPHOLD THE APPEAL; FIND THE PROJECT WILL NOT HAVE AN
AVOIDABLE IMPACT ON WILDLIFE HABITAT; ADOPT A NEGATIVE
DECLARATION OF ENVIRONMENTAL IMPACT; FIND THE PROJECT WILL
NOT HAVE A SIGNIFICANT EFFECT ON THE ENVIRONMENT BECAUSE OF
THE REQUIRED CONDITIONS OF APPROVAL; FIND THE PROJECT
CONFORMS TO BUTTE COUNTY ZONING AND GENERAL PLAN AND MOVE TO
APPROVE THE PROJECT SUBJECT TO PUBLIC WORKS CONDITIONS 1
THROUGH 5 AS NOTED IN LETTER OF JUNE 24, 1987; ENVIRONMENTAL
HEALTH CONDITIONS 1 AND 2 AS NOTED ON MEMO DATED JULY 31,
1987 AND PLANNING DEPARTMENT CONDITIONS AS NOTED ON PLANNING
DEPARTMENT REPORT OF JULY 2, 1987, WITH THE FOLLOWING
CHANGES TO CONDITIONS: CONDITION 1.; SHOW ALL FAULTS AND
LINEAMENTS IDENTIFIED BY THE GEOLOGIST WITHIN THE PARCEL
AP 41-33-53 PRIOR TO THE TSSUANGE OF DEVELOPMENT PERMITS ON
THE REMAINING PARCEL; CONDITION 3, MAP THE STEEP PORTIONS OF
PARCEL 41-33-53 WITH THE ASSISTANCE OF THE GEOLOGIST WHICH
ARE SUBJECT TO GROUND SLUMPING. THESE AREAS SHALL BE
DESIGNATED AS NO RESIDENTIAL DEVELOPMENT SITES. THIS
CONDITION MUST ALSO BE ADHERED TO PRIOR TO ISSUANCE OF
DEVELOPMENT PERMITS ON THE REMAINING PARCEL; WITH THE
DELETION OF CONDITON N0. 7,
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
Page 362
September 1, 1987
September ~ 1987
Regular Agenda
87-429 Report from Chief Administrative Officer and Sheriff
regarding jail planning and implementation of County Correctional
Facility Expenditure Bond Fund Act. (605)
MOTION: APPROVE THE FORMAL PROJECT PROPOSAL SUBMITTAL; ADOPT
RESOLUTION 233A RESERVING THE BOND ALLOCATION; FORM A NEEDS
ASSESSMENT ADVI50RY COMMITTEE; AND TO AUTHORIZE THE ISSUANCE
OF PROPOSALS FOR PROFESSIONAL CONSULTING SERVICES.
S M
VOTE: l Y 2 Y 3 Y ~ Y 5 Y {Unanimously carried)
Public Hearings and Timed Items
87-430 Continued hearing - Conrad R. and Doris Springer, Trustees, Proterra
Corporation (controlled by Springers) ~- appeal of denied use permit
to allow a combination mobile home park, residential rental unit,
vehicle and/or boat storage and seasonal RV use (proposed negative
declaration with mitigation measures regarding environmental impact)
on property zoned H-G {highway-commercial), located on the east side
of Lumpkin Road, approximately one mile past the Enterprise Bridge,
identified as AP 71-16-02, 03, Feather Falls area. (from 7/7/87)
(2326)
MOTION: DENY APPEAL.
M
VOTE: 1 2 3 4 5 (Dies - no second)
MOTION: REFER TO PLANNING COMMISSION FOR HEARING. THE PROJECTS TO BE
AS PRESENTED HERE TODAY EXCEPT FOR ONE MOBILE HOME CLOSEST
TO STREAM BED BE DELETED, WHICH ALSO DELETES THE REQUEST FOR
AN ALTERNATE STREAM BED; THAT THE PHASE III BE ONE DWELLING
UNIT WITH THE R.V. STORAGE AS INDICATED; THAT THE PROPERTY
OWNERS BE REQUIRED TO PROVIDE A WAIVER OF TIME LIMITS IN
WRITING FOR PERMIT STREAMLINING AND CEQA, AND THAT THE
PROPERTY OWNERS PROVIDE A GUARANTEE TO THE BOARD TODAY THAT
THEY WILL PROVIDE THE WAIVER OF TIME LIMITS; AND INCLUDE IN
THE DIRECTION TO STAFF THAT AN EiR NOT BE NECESSARY.
(Applicants acknowledged verbally the waiving of time
limits.)
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
Page 363
September 1, 1987
September ~ 1987
87-431 Public hearing -Cook Associates -General Plan amendment from
agricultural-residential to low density residential and rezone
(proposed negative declaration regarding environmental impact) from
AR-~1 (agricultural-residential - one acre parcels) to R'1
(residential), property located on the north side of Hillcrest Avenue
from approximately 550 feet west of Lodgeview Drive to Kelly Ridge
Road, on both sides of Lodgeview Drive from approximately 325 feet
north of Hillcrest Avenue to Hillcrest Avenue, and on the east side
of Kelly Ridge Road from approximately 200 feet north of Hillcrest
Avenue to approximately 800 feet south of Hillcrest Avenue,
identified as all of Assessor's Parcel Map pages 6954 and b9-55,
east of Oroville. (File 87-33A and B)
Public hearing -Jere Bolster -- proposed negative declaration with
mitigation measures regarding environmental impact and General Plan
amendment from medium density residential to commercial and rezone
from S-R (suburban _ residential) to C-2 (general commercial) for
property located on the southwest side of State Highway 32,
approximately 500 feet northwest of Oak Way, identified as AP 042-14-
73 and AP 042-14-114 (General Plan amendment) and AP 042-14-114
(rezone) (NOTE: The Planning Commission has recommended C-1 on both
parcels), Chico. (File 87-38A and B) (2694 ~~x000)
MOTION: ACCEPT STAFF RECOMMENDATIONS AS DATED JULY 20, 1987 AND MOVE
TO FINS THAT THE ENVIRONMENTAL DOCUMENTS HAVE SEEN COMPLETED
AND CONSIDERED IN MAKING THIS DECISION AND RECOMMEND THAT
THE BOARD OF SUPERVISORS ADOPT A NEGATIVE DECLARATION WITH
MITIGATION MEASURES (JERE BOLSTER) AND A NEGATIVE
DECLARATION (COOK ASSOCIATES); AND THE FINDINGS OF STAFF AS
FOLLOWS:
FIND THAT THE GENERAL PLAN AMENDMENT TO COMMERCIAL COMPETES
WITH SITE DESIGNATION CRITERIA SET OUT IN THE LAND USE
ELEMENT, CIRCULATION ELEMENT, AND ALL OTHER ELEMENTS OF THE
BUTTE COUNTY GENERAL PLAN, SPECIFICALLY BECAUSE OF THE
CONDITIONS SET FORTH IN THE NITRATE ACTION PLAN AND BECAUSE
OF COMPATIBLE USES IN THE NEIGHBORHOOD AND THAT THE GENERAL
PLAN AMENDMENT TO LOW DENSITY RESIDENTIAL CONFORMS TO THE
POLICIES OF THE BUTTE COUNTY GENERAL PLAN BECAUSE IT IS
CONSISTENT WITH THE PLAN AND FILLS OUT THE CURRENT
DEVELOPMENT; AND
ADOPT RESOLUTION 87-234 AMENDING THE GENERAL PLAN LAND USE
MAP FOR THE CHICO AREA TO SHOW COMMERCIAL FOR PROPERTY
IDENTIFIED ON EXHIBIT A--1, ATTACHED TO THE RESOLUTION AND
FOR THE OROVTLLE AREA TO SHOW LOW DENSITY RESIDENTIAL A5
SHOWN ON EXHIBIT B-1, ATTACHED TO THE RESOLUTION, AND
Page 364
September 1, 1987
September ~ 1987
ADOPT ORDINANCE 2517 TO REZONE TO C-1 THAT PROPERTY
IDENTIFIED AS AB 42-14-73 AND 42-14-114 (JERE BOLSTER); AND
ADOPT ORDINANCE 261b TO REZONE TO R-1 THAT PROPERTY
IDENTIFIED AS KELLY RIDGE ESTATES UNIT 8 (COOK ASSOCIATES);
AND ADOPT RESOLUTION $7-235 APPROVING THE CONDITIONAL ZONING
AGREEMENT FOR PROPERTY IDENTIFIED AS AP 42-14-73 AND 42-14-
114 (JERE BOLSTER) SUBJECT TO THE FOLLOWING CONDITIONS:
1. OWNER TO SIGN AN AGREEMENT TO PARTICIPATE IN A
DRAINAGE ASSESSMENT DISTRICT WHEN AND IF THE LOGAL
AGENCY ESTABLISHES SAID DISTRIGT IN THE FUTURE AND
MEET THE REQUIREMENTS OF THE NITRATE ACTION PLAN.
2. ANY NEW DEVELOPMENT OR CONVERSION OF THE EXISTING
SINGLE FAMILY RESIDENCE TO BE SERVED BY CAL WATER.
3. BOTH PARCELS BE LIMITED TO ONE COMMON DRIVEWAY
ACCESS EASEMENT FROM HIGHWAY 32 AT THE COMMON
PROPERTY LINE WHEN DEVELOPED TO COMMERCIAL USES.
4. INSTALL CURB, GUTTER, SIDEWALK AND DRAINAGE UPON
CONVERSION OF THE EXISTING SINGLE FAMILY STRUCTURE
OR DEVELOPMENT OF AP 42-14-114.
5. CONSTRUCT A TWO-WAY LEFT TURN LANE WITH STANDARD
TAPERS TO DEPARTMENT OF CALIFORNIA TRANSPORTATION
REQUIREMENTS.
6. CONTRIBUTE A PRO RATA SHARE TO THE GOST FOR THE NEW
WEST SIDE FIRE STATION FUND AS DETERMINED BY THE GDF
FOR COMMERCIAL ZONING.
7. OWNER TO SIGN A COVENANT RUNNING WITH THE LAND THAT
NOISE MITIGATION MEASURES INCLUDING AN EIGHT FOOT
MASONRY 50UND WILL BE INSTALLED AS NECE55ARY SO THAT
DEVELOPMENT AND OPERATION OF COMMERCIAL USES WILL
NOT GENERATE MORE THAN 60 DB AT THE NORTHWEST AND
SOUTHWEST PROPERTY LINES.
8. ALL STRUCTURES SHALL BE LOCATED A MINIMUM OF 25 FEET
FROM THE SOUTHWEST RIGHT-OF-WAY OF HIGHWAY 32.
9. EXTERIOR LIGHTING SHALL BE SHIELDED FROM HIGHWAY 32.
10. APPLIGANT MUST ALSO COMPLY WITH ALL OTHER APPLICABLE
STATE AND LOCAL STATUTES, ORDINANCES, AND
REGULATIONS.
Page 365
September 1, 1987
September 1~, 1987
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
Regular Agenda
87-432 Consideration of deer herd mitigation fees as proposed by State
Department of Fish and Game. (Supervisor McTnturf) (230)
MOTION: DIRECT STAFF TO PUT THIS CONCEPT INTO FORMAT APPROPRIATE
FOR PUBLIC HEARING.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
RECESS: 12:32 P.M.
RECONVENE: 1:42 P.M.
Public Hearings and Timed Ttems
87-433 Public hearing - Charles Hicks - appeal of conditions of a use permit
(categorically exempt from environmental review) to allow a second
dwelling on property zoned U (unclassified), property located
northeast of Oroville in the Bald Rock area, on the south side of
Bald Rock Road approximately 300 feet west of Jatko Road, identified.
as AP 62-21-125, Berry Greek. (1225)
MOTION: APPROVE ALL OF THE FINDINGS OF STAFF IN THEIR MEMO OF 3ULY 7,
1987, A, B, C AS FOLLOWS:
A. FIND THAT THE PR03ECT IS CATEGORICALLY EXEMPT FROM
ENVIRONMENTAL REVIEW; AND
B. FIND THAT A SECOND DWELLING UNIT WILL NET A DENSITY OF
ONE DWELLING PER 7 ACRES COMPATIBLE WITH SURROUNDING
DEVELOPMENT PATTERSN, AND WOULD MEET THE REQUTREMENTS OF
BUTTE COUNTY CODE SECTIONS 24-47 AND 24-195 SPECIFICALLY
THAT IT WOULD NOT BE INCOMPATIBLE WITH THE SURROUNDING
PROPERTIES NOR IMPAIR THE INTEGRITY OF THE ZONE AND
DENSITY IN WHICH IT LIES; AND
C. APPROVE THE USE PERMIT TO ALLOW A SECOND DWELLING UNIT
WITH NO SIZE RESTRICTION ON AP 61-21-125 (CHARLES AND
SHARON HICKS)
AND CONDITIONS C 1. THROUGH 5. AND CONDITION 7.
M S
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
Page 366
September 1, 1987
September ~ 1987
87-434 Public hearing - David Holloway - appeal of the Planning Commission's
denial of a variance (categorically exempt from environmental review)
to the required front yard setback to allow a covered deck 4fl feet
froze centerline on property zoned R-1 (residential), property located
on the southwest corner of Northview Drive and Westwood Way,
identified as AP 68-19-18, Oroville. (2150)
MOTION: FIND THAT THERE ARE SPECIAL CIRCUMSTANCES APPLICABLE TO THE
PROPERTY THAT DEPRIVE 'THE PROPERTY OF PRIVILEGES ENJOYED BY
OTHER PROPERTY IN THE VICINITY AND UNDER THE SAME ZONING
CLASSIFICATION; NOTE THAT THIS PROJECT IS CATEGORICALLY
EXEMPT FROM ENVIRONMENTAL REVIEW; AND FIND THAT PRIVILEGES
ENJOYED BY OTHER PROPERTY TN THE VICINITY AND UNDER
IDENTICAL ZONING CLASSIFICATIONS BECAUSE THERE WERE OTHERS
(THE LATTICE WORK, ETC.) THAT WERE IDENTIFIED BY THE
APPLICANT WHEN HE CAME FORWARD AT THIS HEARING; AND GRANT A
VARIANCE TO ALLOW THE CONSTRUCTION OF A COVERED DECK 40 FEET
FROM THE CENTERLINE OF NORTHVIEW DRIVE AS SHOWN ON THE SITE
PLAN FOR AP 68-19-I8 (DAVID HOLLOWAY) SUBJECT TO THE
FOLLOWING CONDITIONS:
1. MEET THE REQUIREMENTS OF THE BUILDING DIVISION OF THE
BUTTE COUNTY DEPARTMENT OF PUBLIC WORKS.
2. MEET THE REQUIREMENTS OF P G & E.
3. APPLICANT MUST ALSO COMPLY WITH ALL OTHER APPLICABLE
STATE AND LOCAL STATUTES, ORDINANCES, AND REGULATi0N5.
M S
VOTE: 1 NV 2 Y 3 Y 4 Y 5 Y (Motion carried)
RECESS: 2:41 P.M.
RECONVENE: 2:51 P.M.
(SUPERVISOR McLAUGHLTN ABSENT AT THIS TIME.)
87-435 Public hearing - Richard Wrobel - appeal of the Planning Commission°s
denial of variance (proposed negative declaration regarding
environmental impact) to minimum lot size to allow a three-acre and a
seven-acre parcel on property zoned FR-10 (foothill-recreational, 10
acre parcels), property located along Eleran Lane approximately 500
feet south of Hoffman Road, identified as AP 58-33-16, Concow. (2919)
MOTION: REQUIREMENTS OF CEQA HAVE BEEN COMPLETED AND CONSIDERED IN
MAKING THIS DECISION; AND FIND THAT THERE ARE SPECIAL
CIRCUMSTANCES APPLICABLE TO THE PROPERTY INCLUDING SIZE, AND
SURROUNDINGS, THAT THE STRICT APPLICATION OF THE ZONING
REQUIREMENTS DEPRIVE THE PROPERTY OF PRIVILEGES ENJOYED BY
OTHER PROPERTY IN THE VICINITY AND UNDER IDENTICAL ZONING
Page 367
September 1, 1987
1
September ~ 1987
CLASSTFTCATIONS; BECAUSE SUBJECT PROPERTY IS FULLY
SURROUNDED BY SMALLER THAN TEN-ACRE PARCELS AND BECAUSE IT
IS ONLY ONE OF TWO TEN-ACRE PARCELS (OUT OF ABOUT 35)
BETWEEN HOFFMAN ROAD AND LAKE WILENOR; AND THEREFORE MOVE TO
APPROVE THE VARIANCE TO ALLOW THE CREATION OF A THREE-ACRE
AND SEVEN-ACRE PARCEL ON AP 58-33-1b (RICHARD WROBEL)
SUBJECT TO THE CONDITIONS AS LISTED IN D 1 THROUGH 17 IN
FINDINGS OF STAFF MEMO OF JUNE 24, 19$7.
S M
VOTE: I N 2 Y 3 Y 4 AB 5 Y (Motion carried)
87-436 Public hearing - Oroville Wyandotte Irrigation District - South Fork
Power Project - rezones (proposed negative declaration regarding
environmental impact} from U (unclassified) to P-Q (public, quasi-
public) for property located an the south side of Forbestown Road
approximately 1,500 feet west of the Challenge cut-off, Forbestown,
identified as AP 73-3i-02, east of Oroville. (2990)
MOTION: FIND THAT THE REQUIREMENTS OF CEQA HAVE BEEN COMPLETED IN
CONSIDERATION OF MAKING THIS DECISION AND RECOMMEND THE
BOARD OF SUPERVISORS ADOPT A NEGATAIVE DECLARATION AND FIND
THE PROJECT CONFORMS TO THE POLICIES OF BUTTE COUNTY GENERAL
PLAN BECAUSE THE POLICIES OF THE BUTTE COUNTY GENERAL PLAN
INDICATES THAT EXISTING FACILITIES SHOULD BE RECOGNIZED WHEN
FEASIBLE AND SHOULD BE SITED ON A CONVENIENT LOCATION FOR
THEIR INTENT AND PURPOSE.
THE LOCATION ON SITE AS PICKED BY OWID SHOULD BE CONVENIENT
FOR THE SOUTH FORK PROJECT AND BECAUSE OF THE 24 YEAR
HISTORY OF THIS SITE P-Q ZONING WOULD BE APPROPRIATE. THE
PROJECT IS LOCATED ON A PUBLICLY MAINTAINED ROAD AND IS IN
AN AREA WHERE IT IS COMPATIBLE WITH SURROUNDING USES; AND
ADOPT ORDINANCE 2619 REZONING P-Q THAT PROPERTY IDENTIFIED
AS AP 73-31-02, OWTD.
M S
VOTE: l Y 2 Y 3 Y 4 AB 5 Y (Motion carried)
Regular Agenda
(SUPERVISOR McLAUGHLIN PRESENT AT THIS TIME.)
87-437 Report from Auditor-Controller adopting additional tax rates. {lfl)
MOTION: ADOPT RESOLUTION 87-23b ADOPTING ADDITIONAL TAX RATES,
M 5
VOTE: I Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
Page 368
September 1, 1987
September ~ 1987
87-438 Closed hearing - Jugum Ranch - consideration of appeal of the
Advisory Agency's denial of an appeal of an ETR requirement on
tentative subdivision map, AP 40-18-06, 40-07-10, 17, 20, 13 lots,
property located on both sides of Jones Avenue from Yocum Avenue
southerly, Durham area. (from 8118/$7) {58)
MOTION: MOVE TO UPHOLD THE APPEAL OF THE EIR REQUIREMENT;
ENVIRONMENTAL DOCUMENT HAS TO BE REVISED TO REFLECT THE
FINDINGS OF ITEMS 1 THROUGH 12 OF THE INTER DEPARTMENTAL
MEMO OF AUGUST 31, 1987; AND REFER BACK TO ADVISORY AGENCY
FOR A PUBLIC HEARING AS AN ITEM ON WHICH A MITIGATED
NEGATIVE DECLARATION IS RECOMMENDED, MITIGATION MEASURES AND
CONDITIONS TO BE WORKED OUT WITH THE ADVISORY AGENCY.
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y {Unanimously carried)
87-439 Discussion and direction from the Board on a question raised at the
May 27, 1987 Planning Commission meeting concerning a mobile home
only zone. (from 8118187) (242)
MOTION: THAT
ZONINi
AS TT
VOTE: 1 Y
87-440 Discussion of
zones. (b57)
IT IS THIS BOARD'S POLICY THAT WE WOULD NOT HAVE
WHICH EXCLUDES ANY PARTICULAR KIND OF HQUSING AS LONG
IS UP TO CQDE.
S M
2 Y 3 Y 4 Y 5 Y (Motion carried}
manufactured homes and mobile homes in residential
MOTION: ALLOW THE USE OF MANUFACTURED HOMES (NEWER MOBILES) AS
TEMPORARY SECOND DWELLINGS TN ALL RESIDENTIAL ZONES SUBJECT
TO USE PERMITS. CONDITION SUCH USE PERMITS TO PROHIBIT
PLACEMENT OF MANUFACTURED HOMES ON PERMANENT FOUNDATIONS SO
A5 TO FACILITATE THEIR REMOVAL.
M S
VOTE: l Y 2 Y 3 Y 4 Y S Y (Unanimously carried}
MOTION: ADOPT POLICY AS RECOMMENDED IN PLANNING DEPARTMENT MEMO OF
AUGUST 21, 1987, PART A, AS FOLLOWS: INSTALLATION OF
ADDITIONAL OLDER (NON-CODE) MOBILES BE RESTRICTED TO THESE
ZONES: A, F-R, AND T-M AND THAT THEIR AUTHORIZATIONS AS
"AUNT NINNIES" BE AUTHORIZED ONLY IN THE SAME ZONES AND ONLY
WITH USE PERMITS. OLDER MOBILES WOULD CONTINUE TO BE
ALLOWABLE IN MOBILE HOME PARKS (BY USE PERMIT IN ALL
RESIDENTIAL ZONES IN THE NEW CODE).
M S
VOTE: l Y 2 Y 3 N 4 Y 5 Y (Motion carried)
Page 369
September 1, 1987
3
S~tember ~ 1987
Public Hearings and Timed Items
87-441 Public hearing - Butte County Board of Supervisors - consideration of
proposed negative declaration regarding environmental impact and
amendment to the Butte County Code, Chapter 24 - comprehensive zoning
ordinance involving the following subject: (2595}
ARTICLE
1 PURPOSE, PRINCIPLES AND STANDARDS
2 ESTABLISHMENT AND DESIGNATION OF ZONES,
INTERPRETATION OF BOUNDARIES, AND AMENDMENTS TO
THE PLANNING AND ZONING LAW
32 PROCEDURES -- ENVIRONMENTAL REVIEW, GENERAL
PLAN AMENDMENTS, REZONES, INTERIM ZONING,
NONCONFORMING USES, USE PERMITS, MINING PERMITS
' AND RECLAMATION PLANS, VARIANCES,
REAPPLICATION, ZONING VIOLATIONS, HOMESITE AND
AGRICULTURAL PROCESSING USE SEGREGATIONS
33 SIGN REGULATIONS
34 CERTIFICATE OF CONDITIONAL USE
35 LIVESTOCK ANIMAL MAINTENANCE
36 GUEST HOUSES
37 HOME OCCUPATIONS
39 ADULT ENTERTAINMENT BUSINESSES
40 TEMPORARY RESIDENTIAL PERMITS
41 TEMPORARY USES - MOBILE HOME RESIDENCES
43 DEVELOPMENT AGREEMENTS
44 CONSTRUCTION OF ADDITIONAL DWELLING UNIT
MOTION: ADOPT ORDINANCE 2620, AMENDING CHAPTER 24 OF THE BUTTE
COUNTY CODE, SECTION 24-304, PROVISIONS FOR TEMPORARY MOBILE
HOMES.
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried}
(HEARINGS CONTINUED OPEN UNTIL OCTOBER 27, 1987 AT 10:00 A.M.)
87-442 Webb Homes -appeal. of Advisory Agency's denial of Countryside
Estates tentative vesting subdivision map (proposed negative
declaration with environmental mitigations regarding environmental
impact, AP 6-28-27 and 30, 21 lots, property located nn the south
side of Shasta Avenue approximately 2,000 feet west of the Esplanade,
Chico area. (2879)
MOTION: APPROVE WITH THE CONDITIONS PROVIDED IN THE AUGUST 25, 1987
MEMO BY STAFF WITH THE LANGUAGE CHANGED IN NUMBER Z a. THAT
INCLUDES THE WORDS "INTERIM PROVISIONS" (OF THE NITRATE
ACTION PLAN}; AND MAKE THE CEQA FINDINGS ONE AND TWO THAT IT
Page 369
September 1, 1987
September ~ 1987
COMPLIES WITH CEQA AND THE REQUIREMENTS HAVE BEEN MET; AND
THE CONDITIONS ATTACHED 'IO THE PUBLIC WORKS LETTER DATED
MAY 13, 1987.
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
Regular Agenda
87-443 Consideration of employment agreement for County Counsel. (2948)
OFF CALENDAR
87-444 Public comment. (PRESENTATTONS WILL BE LIMITED TO FIVE MINUTES. THE
BOARD OF SUPERVI50R5 I5 PROHIBITED BY STATE LAW FROM TAKING ACTION ON
ANY ITEM PRESENTED IF IT I5 NOT LISTED ON THE AGENDA.) (NONE) (2915)
CLOSED SESSION: The Board recessed at 4:32 p.m. for a closed session
nn a matter of litigation - Carol Vance vs. County
of Butte e~ ate.
RECONVENE; The Board reconvened at 4:55 p.m. Supervisor
McLaughlin not present at this time.(NO ANNOUNCEMENTS
WERE MADE.)
ADJOURNMENT: There being nothing further before the Board at this
time the meeting was adjourned at 4:55 p.m. to
reconvene at 9:00 a.m. on September 15, 1987.
Chair; Board of Supervisors
ATTEST:
MARTIN 3. NICHOL5, Chief Administrative
Officer and Cle of the Board
By:
Page 370
September 1, 1987