HomeMy WebLinkAboutM092491September 24, 1991
Call to order - Board of Supervisors room, County
Administration Building, 25 County Center Drive,
Oroville. Supervisors McInturf, Houx, McLaughlin, Fulton
and Chair Dolan 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 Agenda
91-424 1. Budget transfer - action requested .. APPROVE BUDGET
TRANSFER B-11.
2. Appointment of nominees - declaration of candidacy
filed - action requested - APPOINT SUSAN GASTON, BEN
ELLIOTT AND JOHN HOBE TO TWO YEAR TERMS ON BERRY
CREEK COMMUNITY SERVICES DISTRICT; MARVIN LUNDBERG
AND PAUL R. THENGVALL TO FOUR YEAR TERMS ON DRAINAGE
DISTRICT #140; KURT ALBRECHT AND GEORGE CHAFFIN TO
FOUR YEAR TERMS ON TABLE MOUNTAIN IRRIGATION
DISTRICT; LARRY GRELL TO A FOUR YEAR TERM ON
RICHVALE IRRIGATION DISTRICT; ELMER LINDAHL AND GARY
STONE TO FOUR YEAR TERMS ON RTCHVALE SANITARY
DISTRICT; AND CHARLES H. JOHNSON, JR. AND WILLIAM
8. FIEDLER TO FOUR YEAR TERMS ON RECLAMATION
DISTRICT N0. 833.
3. Authorization to cross one foot no access strip,
AP 65-33-39, Glenwood Drive, Magalia - a request has
been received for access across that certain one
foot no access strip as shown on the subdivision
map of Sierra Del Oro Estates, Unit no. 2, as
recorded to book 34 of maps at pages 27 through 29.
This is in order to meet requirements for legal
access and to replace an existing structure which
was damaged - action requested - APPROVE PUBLIC
ACCESS ACROSS THAT CERTAIN ONE FOOT NO ACCESS STRIP
AS SHOWN ON THE SUBDIVISION MAP OF SIERRA DEL ORO
ESTATES UNIT NO. 2.
Page 291
September 24, 1991
September 24. 1991
91~-424 4. Sale of surplus property - 110 Condor Road, Oroville
(AP 041.-520-021) - a resolution has been prepared
declaring intention to sell surplus County owned
property at a minimum price of $24,000 cash, with
the bid opening set for November 5, 1991 at 10:30
a.m. at a regular meeting of the Board of
Supervisors - action requested - ADOPT RESOLUTION
91-111 AND AUTHORIZE THE CHAIR TO SIGN.
5. District Attorney - Board authorization is requested
to purchase one computer full page scanner, Hewlett
Packard plotter, one laser printer, matrix printer,
three computer terminals, two Gandolf DOVE units,
miscellaneous video equipment, one file cabinet, M.
G. West work station furniture, chair and computer
terminal in the maximum amount of $23,800 from the
environmental restitution settlement for utilization
by the code enforcement unit. Budget transfer B-11
has been prepared for the necessary appropriation -
action requested - ACCEPT ENVIRONMENTAL RESTITUTION
SETTLEMENT AND APPROVE PURCHASE OF FIXED ASSET
ITEMS.
6. Butte County Fire Department - Board approval is
requested to accept a donation from the Butte
Meadows-Jonesville Volunteer Fire Company of Squad
10, a 1979 GMC chassis ambulance (VIN no.
CCS339205047, license no. CPR05). Squad 10 was
recently sold to the Butte Meadows-Jonesville
Volunteers by the Chico Paramedics for $1.00 and has
a value with radio of $29,500 - action requested -
ACCEPT DONATION AND AUTHORIZE LETTER OF
APPRECIATION.
7. Adoption of an ordinance amending the grading
ordinance to clarify existing exemptions; to repeal
the agricultural exemption; and establish new
procedure for determination of exempt~.ons - action
requested - ADOPT ORDINANCE 2954 AND AUTHORIZE THE
CHAIR TO SIGN.
S, Adoption of an ordinance amending Article TTT of the
Butte County Code - the proposed ordinance deletes
in its entirety Section 2-20.7(b) which created an
assistant chief administrative officer position to
serve at the pleasure of the chief administrative
officer. The classified position of assistant chief
administrative officer was adopted by the Board in
the salary ordinance and position allocation
ordinance in March, 1991 - action requested - ADOPT
ORDINANCE 2955 AND AUTHORIZE THE CHAIR TO SIGN.
Page 292
September 24, 1991
Septen 24, 1991
91-424
9. Introduction of an ordinance establishing speed
limits an various County roads - the Department of
Public Works has completed traffic studies on
various County roads and recommends they be speed
zoned as contained in the ordinance - action
requested - WAIVE READING OF THE ORDINANCE.
10. Library bonds - authorized signatories -the trustee,
in the matter of the Butte County Library
Corporation bonds, is requesting a list of
designated signatories authorized to act on behalf
of the County - action requested - ADOPT RESOLUTION
91-112 AND AUTHORIZE THE CHAIR TO SIGN.
11. Contract change order no. 1 and notice of completion
for the Nelson Road reconstruction, project no.
31152-90-1 - contract change order no. 1 in the
increasing amount of $5,265.12 provides for an
increase in extra work for the trucking cost. Funds
are available in the project construction budget.
A11 work on the project has been completed in
accordance with the plans and specifications -
action requested - APPROVE CONTRACT CHANGE ORDER
NO. 1 AND AUTHORIZE THE CHAIR TO SIGN; ACCEPT
PROJECT, AUTHORIZE CHAIR TO SIGN NOTICE OF
COMPLETION, AND AUTHORIZE THE FILING OF THE NOTICE
OF COMPLETION.
12. Contract change order no. 1 - traffic signal
installation at the intersection of East Avenue at
Cussick Avenue, East Avenue, Ceres Avenue and
Esplanade at Eaton Road, County project no. TR-SIG-
91-1 - contract change order no. 1 in the increasing
amount of $5,908.31 provides for the changing of
signal heads type and installing service conduit and
conductors. Funds are available in the project
construction budget - action requested - APPROVE
CONTRACT CHANGE ORDER NO. 1 AND AUTHORIZE THE CHAIR
TO SIGN.
13. 1991/92 Memorandum of Understanding -
environmental protection agency worker safety
inspections - the proposed amendment changes the
department name from Department of Food and
Agriculture to California Department of Pesticide
Regulation - action requested - APPROVE AMENDMENT
TO AGREEMENT AND AUTHORIZE THE AGRICULTURAL
COMMISSIONER TO SIGN.
14. 1991/92 Memorandum of Understanding - pesticide use
reporting - the proposed amendment changes the
department name from Department of Faod and
Agriculture to California Department of Pesticide
Regulation - action requested - APPROVE AMENDMENT
TO AGREEMENT AND AUTHORIZE THE AGRICULTURAL
COMMISSIONER TO SIGN.
Page 293 September 24, 1991
September 24, 1991
91-424 15, Sutte County Mental Health Services/Lake County -
proposed is an agreement to provide a maximum of ten
patient days of acute psychiatric care, at a rate
not to exceed $325 per day, to specified Lake County
residents during fiscal year 1991/92. These
services will be limited to 72 hour detention and
14 day certification - action requested - APPROVE
AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN.
15, Urban Mass Transportation Administration (UMTA)
Section 18 capital assistance funds standard
agreement no. 64Q375 - the Department of Public
Works application for a capital assistance grant in
the amount of $84,749 has been certified by the
State Department of Transportation (Caltrans) as
having met all the statutory and administrative
requirements for approval - action requested -
APPROVE AGREEMENT AND AUTHORIZE THE DIRECTOR OF
PUBLIC WORKS TO SIGN ON BEHALF OF THE COUNTY SUBJECT
TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-
CONTROLLER.
17. Far Northern Regional Center (FNRC) agreement -
proposed is an agreement to provide two additional
hours of transportation services on Butte County
transit in order to transport FNRC clients between
Paradise and the Work Training Center located on
Fair Street in Chico. The cost of this service will
be subsidized by FNRC so that the County and the
contributing cities will not experience any
additional monetary costs - action requested -
APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN.
i8. Chapman-Mulberry neighborhood - Board approval is
requested of a Chapman-Mulberry clean-up budget to
be funded from Community Development Block Grant
(CDBG) Program income - action requested - APPROVE
BUDGET.
19, 1990/91 Grand Jury Final Report - draft comments
have been prepared - action requested - APPROVE
COMMENTS AND DIRECT THAT THEY BE SUBMITTED TO THE
PRESIDING JUDGE OF THE SUPERIOR COURT IN ACCORDANCE
WITH PENAL CODE SECTION 933(C).
20. Butte County Fish and Game Commission - the
Commission has nominated David M. McClain to act as
secretary for the Commission - action requested -
APPOINT DAVID M. McCLATN AS SECRETARY OF THE BUTTE
COUNTY FISH AND GAME COMMISSION.
Page 294
September 24, 1991
September 24, 19.91
91-424 21. Advanced step hiring - Public Works Department -
Board authorization is requested to re-employ as a
lead-building inspector, salary range 186, at
step 3 a former employee who retired in 1989 after
15 years with the department - action requested -
AUTHORIZE ADVANCED STEP HIRING.
MOTION: MOVE TO APPROVE THE CONSENT AGENDA WITH ITEMS
3.13 AND 3.14 AMENDED TO "ACTION REQUESTED -
APPROVE AMENDMENT TO AGREEMENT AND AUTHORIZE
THE AGRICULTURAL COMMISSIONER TO SIGN."
S M
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried}
Regular Agenda
91-425 Items removed from the Consent Agenda for Board
consideration and action. (NONE)
91-426 Appointments - commissions and committees.
a. Appointments to committee vacancies. (NONE)
91-427 Consideration of an amended utility user tax ordinance -
action requested - WAIVE READING OF THE ORDINANCE. (40)
MOTION: MOVE TO WAIVE READING OF THE ORDINANCE AMENDED
TO REFLECT A FIVE PERCENT RESIDENTIAL AND ONE
PERCENT NONRESIDENTIAL USER TAX; ADD SECTION
21-101(B) "WHEN A SERVICE PROVIDER OFFERS
INCOME-BASED RATE REDUCTION FOR RESIDENTIAL
SERVICE USERS, AND TO THE EXTENT THAT A
RESIDENTIAL SERVICE USER QUALIFIES FOR SUCH
RATE REDUCTION IN ACCORDANCE WITH THE SERVICE
PROVIDERS' PROGRAM, THAT PORTION OF THE USERS'
BILL THAT QUALIFIES FOR SUCH REDUCTION SHALL
BE EXEMPT FROM THE TAX.", AND THEREBY DELETING
IN ITS ENTIRETY SECTION 21-104 "REBATE FOR LOW
INCOME HOUSEHOLDS"; EXTEND THE SUNSET CLAUSE
TO 1998; AND ADD SECTION 21-114 (B) "THE BOARD
SHALL REVIEW THE TAX DURING THE ANNUAL BUDGET
PROCESS, BUT IN NO EVENT LATER THAN OCTOBER 1
OF EACH YEAR."
M
VOTE: 1 2 3 4 5 (Motion Died Lack of Second)
Page 295
September 24, 1991
.,
September__24, 1991
91-427 MOTION: MOVE TO WAIVE READING OF THE ORDINANCE AMENDED
TO ADD SECTION 21-101(B) "WHEN A SERVICE
PROVIDER OFFERS INCOME-BASED RATE REDUCTION FOR
RESIDENTIAL SERVICE USERS, AND TO THE EXTENT
THAT A RESIDENTIAL SERVICE USER QUALIFIES FOR
SUCH RATE REDUCTION TN ACCORDANCE WITH THE
SERVICE PROVIDERS' PROGRAM, THAT PORTION OF
THE USERS' BILL THAT QUALIFIES FOR SUCH
REDUCTION SHALL BE EXEMPT FROM THE TAX.", AND
THEREBY DELETING IN IT5 ENTIRETY SECTION 21-
104 "REBATE FOR LOW INCOME HOUSEHOLDS" ; AND ADD
SECTION 21-114(B) "THE BOARD SHALL REVIEW THE
TAX DURING THE ANNUAL BUDGET PROCESS, BUT TN
NO EVENT LATER THAN OCTOBER 1 OF EACH YEAR."
M S
VOTE: l Y 2 Y 3 Y 4 N 5 N (Motion Carried)
(READING OF THE ORDINANCE DEFERRED UNTIL LATER TN
MEETING - REFER TO MINUTE ORDER 91-44D}
RECESS: 10:00 A.M.
RECONVENE: 10:17 A.M.
91-428 Resolution authorizing execution of Memorandum of
Understanding (MOU) regarding Oroville Area Enterprise
Zone -the City of Oroville is in the process of
finalizing the work necessary to obtain State approval
of the establishment of the Oroville Area Enterprise
Zone. Execution of a MOU by the City and County agreeing
to coordinate and facilitate new industrial and
commercial development within the enterprise zone is a
required step. The terms of the MOU have been resolved
by City and County staff - action requested - ADOPT
RESOLUTION AUTHORIZING THE CHAIR TO EXECUTE THE
MEMORANDUM OF UNDERSTANDING {MOU) ON BEHALF OF THE
COUNTY. {1851)
MOTION: MOVE TO ADOPT RESOLUTION 91-113 AUTHORIZING THE
CHAIR TO EXECUTE THE MEMORANDUM OF
UNDERSTANDING (MOU) ON BEHALF OF THE COUNTY.
M S
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
91-429 Report to the Board on the establishment of a City of
Oroville Intergovernmental Relations Committee. {1927)
MOTION: MOVE TO APPROVE THE CONCEPT OF THE
ESTABLISHMENT OF A CITY OF OROVILLE
INTERGOVERNMENTAL RELATIONS COMMITTEE.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
Page 296 September 24, 1991
September 24 ,.___1991
91-429 (SUPERVISOR McINTURF TO WORK WITH THE ADMINISTRATIVE
OFFICE AND BRING TO THE BOARD MEMBERSHIP REQUIREMENTS)
Public Hearin s and Timed Items
91-430 Public hearing - Glen Biggers - consideration of General
Plan Amendment from T-M (timber mountain? to A-R
(agricultural - residential} and commercial and rezone
(draft environmental impact report has been prepared)
from U (unclassified} to AR-1,3,5 (agricultural
residential - one, three and five acre parcels) and N-C
(neighborhood commercial), praperty located on both sides
of Humboldt Road, approximately 3,200 feet east of
Skyway, AP 050-110-078, Butte Meadows area north of
Chico. (2055} (**00}
Public hearing - Yuba Sutter Disposal - consideration of
General Plan Amendment from orchard and field crops to
industrial and rezone (negative declaration with
mitigation measures regarding environmental impact
determined) from P-Q (public - quasi-public) to M-2
(heavy industrial), property located an the north side
of Drd Ranch Road, approximately one half mile east of
State Highway 99, AP 025-190-050, Gridley area. (410)
Public hearing - Michael Paisley - consideration of
General Plan Amendment from low density residential to
commercial and rezone (proposed negative declaration
regarding environmental impact) from A-SR (agricultural -
suburban residential) to C-2 (general commercial),
property located on the northeast corner of Eaton Road
and Hicks Lane, AP 007-240-078, Chico. (501)
MOTION: MOVE TO ACCEPT THE RECOMMENDATIONS OF STAFF
MEMORANDA DATED MAY 16, 1991 (PAISLEY);
JUNE 19, 1.991 (YUBA BUTTER DISPOSAL); AND
JULY 30, 1991 (BIGGERS AS AMENDED BY THE
PLANNING COMMISSION); AND A. FIND THAT
1. INITIAL STUDIES WERE COMPLETED IN COMPLIANCE
WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
REGARDING THE YUBA SLITTER DISPOSAL AND PAISLEY
GENERAL PLAN AMENDMENT AND REZONE PROPOSALS.;
2. SAID STUDIES AND COMMENTS RECEIVED THEREON
IDENTIFIED POTENTIALLY SIGNIFICANT
ENVIRONMENTAL EFFECTS THAT THE PROJECT MAY HAVE
HAD, BUT: (A} REVISIONS IN THE PROJECT PLANS
OR PROPOSALS MADE BY OR AGREED TO BY THE
APPLICANT WOULD AVOID SUCH EFFECT OR MITIGATE
SUCH EFFECTS TO A POINT WHERE CLEARLY NO
SIGNIFICANT ENVIRONMENTAL EFFECTS WOULD OCCUR;
AND (B) THERE IS NO SUBSTANTIAL EVIDENCE BEFORE
THE COUNTY THAT THE PROJECT AS REVISED MAY
HAVE SIGNIFICANT EFFECT ON THE ENVIRONMENT.;
Page 297 September 24, 1991
~~t
Septembex- 24, 1991
~~
91-430 3. A DRAFT ENVIRONMENTAL IMPACT REPORT HAS
BEEN PREPARED FOR THE GLEN BIGGERS GENERAL PLAN
AMENDMENT AND REZONE, ; 4. SAID DRAFT EIR AND
COMMENTS RECEIVED THEREON IDENTIFIED POTENTIAL
SIGNIFICANT ENVIRONMENTAL EFFECTS THAT THE
PROJECT MAY HAVE HAD, BUT: (A) REVISIONS IN
THE PROJECT PLANS OR PROPOSALS MADE BY OR
AGREED TO BY THE APPLICANT WOULD AVOID SUCH
EFFECTS OR MITIGATE SUCH EFFECTS TO A POINT
WHERE CLEARLY NO SIGNIFICANT ENVIRONMENTAL
EFFECTS WOULD OCCUR.; AND (B) THERE IS NO
SUBSTANTIAL EVIDENCE BEFORE THE COUNTY THAT THE
PROJECT AS REVISED MAY HAVE SIGNIFICANT EFFECT
ON THE ENVIRONMENT.; 5. THE MICHAEL PAISLEY
PROPOSED GENERAL PLAN AMENDMENT AND REZONE
REFLECTS THE EXISTING LAND USE OF THE PROJECT
SITE AND COMPLIES WITH GOVERNMENT CODE
REQUIREMENTS OF COMPATIBILITY AND CONSISTENCY
BETWEEN GENERAL PLAN DESIGNATIONS AND ZONING
DISTRICTS.; 6. THE YUBA SUTTER DISPOSAL
PROPOSED GENERAL PLAN DESIGNATION AND REZONE
CONFORMS WITH THE CURRENT AND PROPOSED USE OF
THE SURROUNDING PROPERTIES AND THE SITE
DESIGNATION CRITERIA FOR THE INDUSTRIAL LAND
USE DESIGNATION AND WILL HELP PROMOTE POLICIES
CONTAINED WITHIN THE BUTTE COUNTY HAZARDOUS
WASTE MANAGEMENT.; 7. THE GLEN BIGGERS
PROPOSED AGRICULTURAL RESIDENTIAL AND
COMMERCIAL GENERAL PLAN DESIGNATIONS
SUBSTANTIALLY CONFORM WITH THE SITE DESIGNATION
CRITERIA CONTAINED WITHIN THE LAND USE ELEMENT
AND THE SURROUNDING USES.; B. ADOPT A NEGATIVE
DECLARATION FOR THE GENERAL PLAN AMENDMENT AND
REZONE FOR THAT PROPERTY IDENTIFIED AS AP 007-
240-078 FOR THE MICHAEL PAISLEY APPLICATION.;
C. ADOPT A NEGATIVE DECLARATION WITH
MITIGATION MEASURES FOR THE GENERAL PLAN
AMENDMENT AND REZONE ON PROPERTY IDENTIFIED AS
AP 025-190-050 FOR THE YUBA SUTTER DISPOSAL
APPLICATION.; D. ADOPT AND CERTIFY AS FINAL
THE DRAFT ENVIRONMENTAL DECLARATION REGARDING
IMPACT, INCLUDING THE REVISIONS MADE BY THE
PLANNING COMMISSION, FOR THE GLEN BIGGERS
APPLICATION.; E. ADOPT CORRECTED RESOLUTION 91-
114 AMENDING THE GENERAL PLAN TO COMMERCIAL FOR
THAT PROPERTY IDENTIFIED AS AP 007-240-078,
MICHAEL PAISLEY; AMENDING THE GENERAL PLAN TO
INDUSTRIAL FOR PROPERTY IDENTIFIED AS AP 025-
190-050, YUBA SUTTER DISPOSAL; AND AMENDING THE
GENERAL PLAN TO AGRICULTURAL--RESIDENTIAL AND
COMMERCIAL ON PROPERTY IDENTIFIED AS AP 060-
110-078, GLEN BIGGERS.; F. ADOPT A MOTION OF
INTENT TO ADOPT AN ORDINANCE REZONING TO C-2
Page 298
September 24, 1991
September 24, 199.1
91-430 THAT PROPERTY IDENTIFIED AS AP 007-240-078,
MICHAEL PAISLEY.; G. ADOPT A MOTION OF INTENT
TO ADOPT AN ORDINANCE REZONING TO M-2 THAT
PROPERTY IDENTIFIED AS AP 025-190-050, YUBA
BUTTER DISPOSAL.; H. ADOPT A MOTION OF INTENT
TO ADOPT AN ORDINANCE REZONING TO TM-2, TM-3,
TM-5 AND H-C, THAT PROPERTY IDENTIFIED AS AP
060-110-078, GLEN BIGGERS, AS DESCRIBED IN THE
ORDINANCE TEXT.; I. ADOPT A MOTION OF INTENT
TO ADOPT A RESOLUTION APPROVING A CONDITIONAL
ZONING AGREEMENT ON PROPERTY IDENTIFIED AS AP
025-190-050, YUBA BUTTER DISPOSAL, SUBJECT TO
THE FOLLOWING CONDITIONS: 1. NO HAZARDOUS
WASTE FACILITY SHALL OPERATE WITHOUT AN
OPERATION PLAN APPROVED BY THE CALIFORNIA
DEPARTMENT OF HEALTH SERVICES AND A BUTTE
COUNTY USE PERMIT.; 2. THE M-2 ZONING SHALL
REMAIN TN EFFECT WHILE THE PROPERTY IS UNDER
OWNERSHIP BY BUTTE COUNTY. TRANSFER OF THE
PROPERTY TO PRIVATE OWNERSHIP SHALL INITIATE
A GENERAL PLAN AMENDMENT AND REZONE. ; J. ADOPT
A MOTION OF INTENT TO ADOPT A RESOLUTION
APPROVING A CONDITIONAL ZONING AGREEMENT ON
PROPERTY IDENTIFIED AS AP 060-110-078, GLEN
BIGGERS, SUBJECT TO THE FOLLOWING CONDITIONS:
1. STRUCTURES SHALL BE BUILT TO RESIST LATERAL
MOVEMENT AS OUTLINED TN THE REQUIREMENTS OF THE
UNIFORM BUILDING CODE FOR SEISMIC ZONE 3.
MOBILE HOMES SHALL BE PLACED ON PERMANENT
FOUNDATIONS; 2. STRUCTURES SHALL NOT BE BUILT
IN THE MOUNTAIN MEADOW AREAS, CLOSE TO THE
BANKS OF BUTTE CREEK, ON RIVER TERRACES OR THE
BLUFF NORTH OF THE TERRACES. THESE AREAS SHALL
BE DELINEATED ON ALL RECORDED PARCEL MAPS OR
SUBDIVISION MAPS AS 'ENO-DEVELOPMENT" ZONES.;
3. A NOTE SHALL BE PLACED ON THE FINAL
SUBDIVISION MAP STATING THAT ANY FILL DEVELOPED
DURING LEVELING OF A SITE SHALL BE COMPACTED
TO 95 PERCENT TO DISCOURAGE LURCHING, SLUMPING,
AND DIFFERENTIAL SETTLING.; 4. PHYSICAL
DISTURBANCE OF THE BLUFF NORTH OF BUTTE CREEK
SHALL BE LIMITED TO WORK THAT IS ABSOLUTELY
NECESSARY TO PROVIDE EROSION CONTROL OR
DRAINAGE IMPROVEMENTS AS DETERMINED BY THE
BUTTE COUNTY PUBLIC WORKS DEPARTMENT. ANY CUTS
OR ALTERATIONS SHALL BE REVEGETATED AND
PROTECTED PHYSICALLY FROM STORM WATER EROSION
BY STRAW, STRAW BALES, OR COBBLES . ; 5. THE 100-
YEAR FLOOD PLAIN ELEVATION SHALL BE ESTABLISHED
BY A LICENSED ENGINEER IN ACCORDANCE WITH FEMA
REQUIREMENTS PRIOR TO RECORDATION OF THE FINAL
SUBDIVISION MAP. A NOTE SHALL BE PLACED ON THE
FINAL SUBDIVISION MAP STATING THAT THE
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September 24, 1991
September 24, 19.91
91-430 FINISHED FLOOR OF ANY BUILDING MUST BE AT LEAST
ONE FOOT HIGHER THAN THIS ESTABLISHED FLODD
ELEVATION.; 5. ALL EXISTING DEFINABLE DRAINAGE
CHANNELS EXCEPT A5 PROVIDED IN CONDITION NO.
7 SHALL BE MAPPED BY THE PROJECT ENGINEER AND
SHALL BE PRESERVED AS DRAINAGE CHANNELS.
MAINTENANCE OF CHANNELS SHALL BE THE
RESPONSIBILITY OF THE HOMEOWNERS'ASSOCIATION.;
7. EXISTING DRAINAGE CHANNELS DISRUPTED BY
DEVELOPMENT SHALL BE REPLACED BY CANALS OR
PIPES . ANY NEW CANALS SHALL BE LINED WITH ROCK
TO PREVENT EROSION.; 8. THE INTEGRITY OF THE
TWO DRAINAGEWAYS LEADING FROM THE LARGER
MEADDWS THROUGH LOTS 1, 2 AND 3 SHALL BE
MAINTAINED. ROADWAY CROSSINGS CAN BE ALLOWED
TF THE DRATNAGEWAYS ARE PROTECTED BY CULVERTS.;
9. RUNOFF FROM PAVED SURFACES USED FOR
COMMERCIAL PARKING SHALL BE DIRECTED THROUGH
PLANTED LANDSCAPED AREAS OR INTO INFILTRATION
TRENCHES, RATHER THAN BE DIRECTLY CONVEYED TO
THE CREEK IN PIPES OR DITCHES, THIS WILL
RELEASE SUSPENDED PARTICULATES AND REDUCE THE
IMPACT UPON BUTTE CREEK.; 10. A 100 FOOT
SETBACK SHALL BE ESTABLISHED FROM THE RIPARIAN
ZONE ALONG BUTTE CREEK, EXCEPT WHERE THE
VERTICAL SEPARATION ON LOTS 22 AND 25 PROVIDES
AN ADEQUATE SETBACK AREA. A 100 FOOT SETBACK
SHALL BE ESTABLISHED FROM THE EDGES OF THE TWO
LARGE MEADOWS ALONG THE NORTHERN BOUNDARY, AND
A 50 FOOT SETBACK FROM THE EDGE OF THE BLUFF
NORTH OF BUTTE CREEK. NO RESIDENTIAL
DEVELOPMENT SHALL BE PERMITTED IN THESE SETBACK
AREAS, THE RIPARIAN ZONE OR MEADOWS. SETBACK
LINES SHALL BE RECORDED ON THE DEEDS FOR EACH
LOT AND SHOWN ON THE FINAL RECORDED MAP.;
11. ALL AREAS OF SOIL EXPOSED FOR CONSTRUCTION
SHALL BE COVERED BY BUILDINGS, PAVING, OR WITH
MULCH (OR SIMILAR MATERIAL) BEFORE THE ONSET
OF FALL RAINS.; 12. LOCUS 1 AS LISTED IN THE
ARCHAEOLOGICAL REPORT SHALL EITHER BE SHOWN AS
A "NO DEVELOPMENT ZONE" ON THE FINAL MAP, OR
THE DEVELOPER MAY CONTRACT FOR ADDITIONAL FIELD
WORK AND LITERATURE REVIEW TO ESTABLISH THE
REAL HISTORIC VALUE OF THE SITE PRIOR TO
TENTATIVE SUBDIVISION MAP APPROVAL.; 13. SHOULD
ANY SUBSURFACE CULTURAL REMAINS OR ARTIFACTS
BE ENCOUNTERED DURING CONSTRUCTION ACTIVITIES
ON THE SITE, WORK SHOULD BE HALTED UNTIL A
QUALIFIED ARCHAEOLOGIST HAS MADE A
DETERMINATION OF THEIR SIGNIFICANCE.; 14. A
SECOND EMERGENCY ACCESS ROUTE SHALL BE PROVIDED
TO CONNECT LOTS 1 THROUGH 7 AND 10 THROUGH 16
WITH HUMBOLDT ROAD. THIS SHALL BE AN ALL-
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September 24, 1991
Se tember 24 1991
91-430
WEATHER ROAD ON AN EASEMENT FROM A LOT IN THE
SERIES 13 THROUGH 16, BUILT TO A ROAD STANDARD
TO BE DETERMINED BY THE BUTTE COUNTY PUBLIC
WORKS DEPARTMENT PRIOR TO ACCEPTANCE OF THE
FINAL SUBDIVISION MAP. ; 15. THE ACCESS EASEMENT
SERVING LOT 26 SHALL BE DEFINED ON A SPECIFIC,
RECORDED EASEMENT ROUTE.; 16, VEGETATION
REMOVAL SHALL BE LIMITED TO THAT NECESSARY FOR
DEVELOPMENT FOR THE PROJECT CONTEMPLATED AND
COMPLIANCE WITH ADOPTED FIRE SAFETY
REGULATIONS ; ; 1'7 . ROOF MATERIALS SHALL BE UL
CLASS A OR B.; 18. ROADSIDE STRIPS OF 10 FEET
SHALL BE CLEARED OF BRUSH AND MAINTAINED AS
CLEARED STRIPS ON ALL NEW ROADS THROUGH THE
PROJECT.; 19. THE PRESSURIZED WATER SYSTEM
SHALL BE DEVELOPED ACCORDING TO THE DESIGN
PREPARED BY THE BC/CDF FIRE DEPARTMENT. ; 20.
CONSTRUCT ALL ROADS TO COUNTY PUBLIC ROAD
STANDARDS AND OFFER THEM FOR DEDICATION TD THE
COUNTY.; 21. ESTABLISH A COUNTY SERVICE AREA
TO PROVIDE POLICE AND FIRE SERVICES COVERING
AT LEAST THE PROJECT AREA.; 22. ESTABLISH A
COUNTY SERVICE AREA FOR SNOW REMOVAL SERVICES
FOR THE NEW ROADS CDNSTRUCTED BY THIS PROJECT. ;
AND 23. SHOW THE PORTION OF LOT 22 EAST OF
BUTTE CREEK AS A "NO-DEVELOPMENT" ZONE AND
PROVIDE AN ACCESS EASEMENT. ALSO DESIGNATE THE
100 FOOT NO-DEVELOPMENT SETBACKS ALONG THE
CREEK AS ACCESS EASEMENTS.
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
(THE MOTIONS OF INTENT ON THE REZONES TO BE CALENDARED
AS CLOSED HEARINGS ON NOVEMBER 5, 1991)
91-431 Public hearing - GAIN plan update fiscal year 1991/92 -
a public hearing is required by the State Department of
Social Services - action requested - APPROVE PLAN FOR
SUBMISSION TO THE STATE DEPARTMENT OF SOCIAL SERVICES AND
AUTHORIZE THE CHAIR TO SIGN. (1156)
MOTION: MOVE TO APPROVE
FOR SUBMISSION
SOCIAL SERVICES.
S
VOTE: 1 Y 2 Y 3 Y 4
THE 1991/92 GAIN PLAN UPDATE
TO THE STATE DEPARTMENT OF
M
Y 5 Y (Unanimously Carried)
RECESS: 11:27 A.M.
RECONVENE: 11:38 A.M.
Page 301
September 24, 1991
September 24, 1991
Re lar A enda
91-432 Introduction of an ordinance amending Article IV of
Chapter 2 of the Butte County Code redistricting the
supervisorial districts in the County of Butte - action
requested - WAIVE READING OF THE ORDINANCE. (1235) (NO
ACTION TAKEN; CONTINUED TO OCTOBER 1, 1991)
91-433 Report to the Board on zoning of AP 036-130-119, property
located at 3311 Foothill Boulevard, Oroville. {1527) {NO
ACTION TAKEN)
91-434 Update by Chief Administrative Officer on
Sacramento/legislative activities. (1563) (NO ACTION
TAKEN)
91-435 Report to the Board on the development regulatory process
in Butte County - action requested - ACTION AS DEEMED
APPROPRIATE. (1570)
MOTION: MOVE TO ACCEPT THE FINDINGS OF THE STUDY AND
DIRECT THE ADMINISTRATIVE OFFICE TO WORK WITH
THE BOARD COMMITTEE TO PREPARE THE ACTIONS
NECESSARY TO IMPLEMENT PHASE I.
M S
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
Public Hearings and Timed Items
91-436 A closed session will be necessary for the purpose of
Litigation, personnel matter, and meet and confer,
(2122) (NONE)
Communications
91-437 Communications received and referred. (COPIES OF ALL
COMMUNICATIONS ARE AVAILABLE TN THE CLERK OF THE BOARD
OFFICE.) (NONE)
91--438 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.) (NONE)
Page 302
September 24, 1991
September 24. 1991
91-439 Supervisor McLaughlin asked Administrative Office staff
if they have had an opportunity to contact Mr. Pete
Bonadelli, Director, State Department of Fish and Game,
regarding the State's inability to pay fees to counties
in lieu of property taxes on designated wildlife areas.
(September 17, 1991/minute order no. 91-423). Further,
the Board has received correspondence from Lassen County
indicating they are not going to forward their
"environmental review fund" to the State because Fish and
Game has indicated they are not going to make their in
lieu payment to Lassen County. Can Butte County do the
same thing? Wildlife Conservation Board minutes indicate
the State is going to acquire additional property in
Butte County.
Recrular Acrenda
91-440 Consideration of aY
action requested
(2171)
MOTION: MOVE TO
AMENDED.
S
VOTE: 1 Y 2 Y
a amended utility user tax ordinance -
- WAIVE READING OF THE ORDINANCE.
WAIVE READING OF THE ORDINANCE AS
M
3 Y 4 Y 5 Y (Unanimously Carried)
ADJOURNMENT: There being nothing further before the
Board at this time, the meeting was
adjourned at 12:07 p.m. to reconvene on
Tuesday, October 1, 1991 at 9:00 a.m.
JAjNE DOLE , Cha
WILLIAM H. RANDOLPH, Ch of Admin strative Officer
and Clerk of a Board Supe isors
By:
Page 303
September 24, 1991