HomeMy WebLinkAboutM102787-•\
October 27t 1987
Call to order - Board of Supervisors roam, County Administration
Building, 25 County Center Drive, Oraville. Present: Supervisors
Fulton, Mclnturf, McLaughlin and Chair Dolan. Martin J. Nichols,
chief administrative officer, by Mike Pyeatt, deputy administrative
officer; Susan Roff, county counsel; and Cathy Pitts, assistant clerk
to the Board.
Pledge of allegiance to the Flag of the United States of America.
87-517 Items removed from the Consent Agenda for consideration and action:
1. Budget transfer - action requested - APPROVE BUDGET TRANSFER B-
31.
Consent Agenda
87-518 1. Budget transfers - action requested - APPROVE BUDGET TRANSFERS
8-28, 8-29 AND B-30.
2. Abatement of burned substandard mobile home - 15048 Jack Pine
Way, Magalia -action requested -ADOPT RESOLUTION 87-256
SETTING A PUBLIC HEARING DATE FQR NOVEMBER 17, 1987 AT 1:45 P.M.
3. Abatement of substandard dwellings (substandard cabin, mobile
home) and illegal dump - Woodleaf Star Route, Bay 9541 - action
requested -ADOPT RESOLUTION 87-257 SETTING A PUBLIC HEARING
DATE FOR NOVEMBER 17, 1987 AT 1:45 P.M.
4. Koran Eggleston, c/o Thomas E. Edgar - abandonment of a public
road right-o#-way, AP 47-16-65, 66, 67. town of Nord - action
requested -ADOPT RESOLUTION 87-258 SETTING A PUBLIC HEARING
DATE FOR NOVEMBER 24, 1987 AT 9:00 A.M.
5. Edward A. Tornell, attorney at law - on behalf of
Sithane Phavong and Haumphane Phavang, file a claim in the
amount of $504,132 as a result of alleged injuries and damages
sustained on or about July 7, 1987 at the five-mile dam swimming
pool area of upper Bidwell Park - action requested -REJECT
CLAIM AND REFER TO COUNTY COUNSEL AND RISK MANAGEMENT.
Page 409
October 27, 1987
October 2~ 1987
6. John W. Wyatt, attorney at law - oa behalf of Charles House,
files a claim in the amount of $140,000 as a result of alleged
injuries and damages sustained on or about July 3, 1987 as a
result of a vehicle accident on East Eighth Street in Chico -
action requested - REJECT CLAIM AND REFER TO COUNTY COUNSEL AND
RISK MANAGEMENT.
7. Aeissuance of bonds -John D. Rogers - in accordance with
Government Code Sections 53461-53466, a petition has been
received to proceed with the reissuance of bands under the
Improvement Act of 1911 - action requested - ADOPT
RESOLUTION 87-259 AUTHORIZING THE REISSUANCE AND REPRINTING OF
BOND N0. 449, PRINCIPAL COUPONS 11--15, INTEREST COUPONS 20-29,
PARADISE PINES COUNTRY CLUB ESTATES, UNITS 1, 2 AND 3 AND
AUTHORIZE THE CHAIR TO SIGN.
8. Salary ordinance amendment - a salary ordinance has been
prepared conforming the current ordinance to budget allocations
within the Mental Health Department - action requested -WAIVE
THE SECOND READING AND ADOPT ORDINANCE 2631.
9. Sewage disposal ordinance amendment - the amendment incorporates
the recommendations of the Paradise Area Task Force on
Wastewater Management for a watershed protection zone -action
requested - WAIVE THE SECOND READING AND ADOPT ORDINANCE 2632.
10. Speed limits - Oraville-Chico Highway, Cussick Avenue and Lupin
Avenue -the Department of Public Works has completed traffic
studies and recommends that they be speed zoned as follows:
Oroville-Chico Highway (from the Midway to Neal Road}, 45 mph;
Cussick Avenue {from West Lindo Avenue to East Avenue} and Lupin
Avenue (from Cohasset Raad to the Chico city limits), 25 mph -
action requested - WAIVE THE FIRST READING OF THE ORDINANCE.
11. Notice of completion - Roadway ~lideaing and Obstacle Removal on
Various Butte County Raad, HES-OOOS{219}, Project No. SP-85-2 -
all work on the project has been completed in accordance with
the plans and speci#ications - action requested -ACCEPT THE
PROJECT AND AUTHORIZE THE FILING OF THE NOTICE OF COMPLETION.
12. Hazardous Waste Management Plan - an agreement has been prepared
with California Hazardous Waste Management Planners to prepare
the plan at a cost not to exceed $35,400 - action requested -
APPROVE THE CONTRACT AND AUTHORIZE THE CHAIR TO SIGN.
Page 410
October 27, 1987
October 2~ 1987
13. Hazardous Waste Management Plan - time extension - a letter has
been prepared for submission to the State Department of Health
Services requesting an extension of time for preparation of the
plan -action requested -APPROVE LETTER AND AUTHORIZE THE
DIRECTOR OF PLANNING TO SIGN ON BEHALF OF THE COUNTY.
14. Hazardous Waste Management Plan - additional. funding - a letter
has been prepared to the State Department of Health Services
requesting additional funds for the plan - action requested -
APPROVE LETTER AND AUTHORIZE THE DIRECTOR OF PLANNING TO SIGN ON
BEHALF OF THE COUNTY.
15. Butte College Work Study Program - an agreement has been
prepared to place students in county departments to perform
extra help duties. with the county reimbursing the college 20~a
of salaries paid - action requested - APPROVE AGREEMENT AND
AUTHORIZE THE PERSONNEL DIRECTOR TO SIGN ON BEHALF OF THE
COUNTY.
16. AB 1733 grant -- the agreement with the State Department of
Social Services, Office of Child Abuse Prevention. requires a
letter from the Chair authorizing the Welfare Department to sign
claims for services provided under Grant No. RBA 7004 -action
requested - APPROVE LETTER AUTHORIZING BOB CRISAN,
MARGARET MITZEL AND SUSAN HARRIS TO SIGN MONTHLY CLAIMS ON
BEHALF OF THE COUNTY AND AUTHORIZE THE CHAIR TO SIGN.
MOTION: MOVE FOR THE ACTION A5 REQUESTED WITH THE REMOVAL OF BUDGET
TRANSFER B-31.
S M
VOTE: i X 2 Y 3 AB 4 Y 5 Y (Motion carried)
Public HearinQS and Timed Items
87-519
1. Public hearing -Owen Cole - abandonment of public utility
easement and light and air easement, Lots 25 and 26, Carriage
Manor Subdivision, AP 36-78-25 and 26.
{CONSIDERATION OF ALLOWING MOBILE HOME TO BE MOVED ON THE PROPERTY
AND ALLOWANCE OF ISSUANCE OF DEVELOPMENT PERMIT BASED UPON THE
ABANDONMENT OCCURRING FOR OWEN COLE TO BE CONSIDERED LATER IN THE
MEETING.)
MOTION: TO ADOPT RESOLUTION 87-260 SETTING A PUBLIC HEARING DATE FOR
NOVEMBER 24, 1987 AT 9:Ofl A.M.
M S
VOTE: 1 Y 2 Y 3 AB 4 Y 5 Y (Motion carried?
Page 411
October 27, 1957
October 2~ 1987
2. Public hearing - renaming of road in the Chica address area from
Winkle Drive (Lazy Trail Drive to Westmont Drive) to Lazy Trail
Drive as residents in the area have requested the name change.
{39}
MOTION: TO ADOPT RESOLUTION $7-261 SETTING A PUBLIC HEARING DATE FOR
NOVEMBER 17, 1987 AT 2:00 P.M.
M S
VOTE: 1 Y 2 Y 3 AB 4 Y 5 Y {Motion carried)
Reuular Agenda
87-520 Items removed from the Consent Agenda for Baard consideration and
action. (122)
1. Budget transfer - action requested - APPROVE BUDGET TRANSFER B-
31.
{TO BE CONSIDERED LATER IN THE MEETING WHEN THE LIBRARY FUNDING AND
SERVICE LEVELS REPORT IS GIVEN.}
87-521 Appointments - commissions and committees. (137) {NONE.}
87-522 Presentation of resolution - National Business Women's Week. {147}
{TAi~EN OFF AGENDA. CHAIR DOLAN TO PRESENT THE RESOLUTION TONIGHT.}
87-523 Consideration of municipal affairs agreement with the City of Chico.
E149} {CONTINUED UNTIL NOVEMBER 3. 1987.?
Public Hearin~Ls. and Timed Items
87-524 Public hearing -formation of County Service Area No. 103 (Morris
Subdivision} - the Butte County Local Agency Formation Commission has
approved the formation of CSA 103 for the purpose of providing street
lighting. 1163}
MOTION: TO ADOPT RESOLUTION 8T-262 ESTABLISHING COUNTY SERVICE AREA
NO. 103 (MORRIS SUBDIVISION}.
M S
VOTE: 1 Y 2 Y 3 AB 4 Y 5 Y {Motion carried)
Page 412
October 27, 1987
October 27L 1987
Recular Agenda
87-525 Plight of the Honey Run Covered Bridge. {Supervisor Fulton) (233)
{TAKEN OFF THE AGENDA TO BE BROUGHT BACK AT A LATER DATE.)
87-526 Report from the Public Works Director on bid opening for the
operation of the Butte County Transit and the Chico Clipper. (282)
MOTION: AWARD THE CONTRACT TO AMERICAN TRANSIT CORPORATION AND
AUTHORIZE THE CHAIR TO SIGN.
s M
VOTE: 1 Y 2 Y 3 AB 4 Y 5 Y (Motion carried)
87-527 Report from the Chief Administrative Officer on library funding and
service levels. (373) (DISCUSSED; CONTINUED UNTIL LATER IN THE
MEETING SO THAT A MOTION CAN BE PREPARED AND BROUGHT BACK FOR
CONSIDERATION.)
Public Hearings and Timed Items
87-528 Fublic hearing -formation of Berry Creek Community Services
District - the Local Agency Formation Commission has approved the
formation of the district, including within its boundaries the
existing Ponderosa Pines Subdivision, to provide for the ownership
and maintenance of a domestic water system. {182fl) {CLOSED HEARING
CONTINUED UNTIL NOVEMBER 17, 1987.)
MOTION: MAKE MOTION OF INTENT TO ADOPT THE RESOLUTION AUTHORIZING
FORMATION OF THE DTSTRTCT AND APFROVTNG THE PROPOSED
BOUNDARIES OF THE DISTRICT; AND TO ADVERTISE THE
AVAILABILITY OF THE BOARD OF DIRECTOR POSITIONS WITH THE
NUMBER OF SLOTS TO BE DETERMINED AT THE TIME THE BOARD
FORMALLY APPROVES THE DTSTRTCT.
M S
VOTE: 1 Y 2 Y 3 AB 4 X 5 Y (Motion carried)
RECESS: 10:17 a.m.
RECONVENE: 10:47 a.m.
87-529 Public hearing - Butte County Board of Supervisors - rezone {proposed
negative declaration regarding environmental impact} from A-4fl
(agricultural-40 acre parcels) and U (unclassified) to P-¢ (public,
quasi-public) on Property located on the north side of Ord Ranch
Road approximately 1,560 feet east of its intersection with Highway
99, Gridley (Sa1id Waste Transfer) and on the northwesterly side of
Heal Road, approximately 1-1/4 mile east of its intersection with
Highway 99, Butte College area (Neal Road Landfill) identified as AP
25-19-5fl and AP 4fl-12-12. (2244)
Page 413
October 27, 1987
October 2~ 1987
MOTION; FIND THAT THE REQUIREMENTS OF CEQA HAVE BEEN COMPLETED AND
CONSIDERED AND ADOPT A NEGATIVE DECLARATION; AND FIND THAT
THE PROPOSED REZONE TO P-Q COMPLIES WITH THE EXI5TING
GENERAL PLAN DESIGNATION AND LAND USE ON-SITE; AND ADOPT
ORDINANCE 2633 REZONING FROM A-40 TO P-Q PROPERTY IDENTIFIED
A5 AP 25-19-50 AND 40-12-12 (BUTTE COUNTY BOARD OF
SUPERVISORS}.
M S
VOTE: 1 Y 2 Y 3 AB 4 Y 5 Y (Motion carried?
87-530 Public hearing - Dennis Durkin - rezone (proposed negative
declaration with mitigation measures regarding environmental impact)
from A-SR (agricultural - suburban - residential) to R-1
(residential) on property located between Sacramento Avenue and Oak
Way approximately 900 feet west of Highway 32, identified as AP 42-
14-30, 42-15-2, 3, Chico. (2337)
MOTION: FIND THAT THE REQUIREMENTS OF CEQA HAVE BEEN COMPLETED AND
CONSIDERED, NOTING THAT MITIGATION MEASURES WILL BE ATTACHED
TO THE TENTATIVE SUBDIVISION MAP EXPECTED ON AP 42-14-30 AND
ALREADY HAVE BEEN ATTACHED TO THE SUBDIVISION ON AP 42-15-
02, 03, AND ADOPT A NEGATIVE DECLARATION; AND FIND THAT THE
REZONE COMPETES WITH THE GENERAL PLAN LAND USE DENSITIES AND
MAY SERVE TO MAKE THE PROPOSED LOTS MORE AFFORDABLE, IN
COMPLIANCE WITH THE HOUSING ELEMENT; AND ADOPT ORDINANCE
2634 REZONING TO R-1 THAT PROPERTY IDENTIFIED AS AP 42-14-3fl
AND PHASE I OF SACRAMENTO AVENUE ESTATES, AP 42-15-02
(PORTION} {DENNTS DURKIN).
S M
VOTE: 1 Y 2 Y 3 AB 4 N 5 Y (Motion carried)
87-531 Public hearing - Thomas W. Kelly, attorney at law - on behalf of
Ron Saadati appeals the Planning Commission's approval of a use
permit to allow a restaurant on property zoned U (unclassified} and
S-H (scenic highway) (proposed negative declaration regarding
environmental impact) located on the north side of the Skyway, just
off of Oakridge Drive, approximately five miles east of Chico, AP 11-
42--15, 16. (2512) ** {O0)
MOTION: FIND THAT THE REQUIREMENTS OF CEQA HAVE BEEN COMPLETED AND
CONSIDERED IN MAKING THIS DECISION AND ADOPT A NEGATIVE
DECLARATION WITH CONDITIONS ATTACHED; AND, FIND THAT THE
PROPERTY HAS A HISTORIC USE OF A RESTAURANT, AND CAN BE MADE
COMPATIBLE WITH SURROUNDING LAND USES, AND MEETS THE
REQUIREMENTS OF BUTTE COUNTY CODE SECTION 24-47 SPECIFICALLY
THAT THE BUILDING WAS IN OPERATION AS A RESTAURANT PRIOR TO
THE DEVELOPMENT OF THE SUBDIVISION AND THE PROJECT HAS BEEN
SO CONDITIONED TO MINIMIZE AND HOPEFULLY ELIMINATE ANY
INCOMPATIBILITIES WITH THE NEIGHBORHOOD; AND, APPROVE THE
Page 414
October 27, 1987
October 2. 7r_ 1987
PROPOSED USE PERMIT TO ALLOW THE REOPENING OF THE VISTA LA
MESA RESTAURANT ON AP 11-42-15 AND 16 (RON SAADATI) SUBJECT
TO THE FOLLOWING CONDITIONS:
1. SHARE 50~ IN THE COST OF CONSTRUCTION OF A 6-FOOT SIGHT
OBSCURING FENCE ALONG THE NORTHEAST PROPERTY LINE AND
THE FIRST 300 FEET OF THE EAST PROPERTY LINE (TO THE END
OF THE EXISTING CURBING) ALONG SKANSEN SUBDIVISION
LOTS 2 AND 3.
2. ALL PARKING LOT LIGHTING SHALL BE DIRECTED INWARD TO
MINIMIZE GLARE.
3. A MINIMUM OF ONE LIGHT STANDARD SHALL BE INSTALLED ALONG
THE ACCESS DRIVEWAY SUFFICIENfi TO LIGHT ITS INTERSECTION
WITH VISTA LA MESA DRIVE.
4. AN EMERGENCY BREAK-AWAY GATE OR SIGHT-OBSCURING FENCE OF
CONSTRUCTION SATISFACTORY TO CHP, CDF AND COUNTY SHERIFF
SHALL $E INSTALLED AT THE PROPERTY LINE WHICH CROSSES
OARRIDGE DRIVE. IF THIS DATE IS EQUIPPED WITH A LOCK,
ALL SERVICE PROVIDERS SUCH AS CDF, HIGHWAY PATROL AND
THE SHERIFF SHALL BE PROVIDED WITH A KEY.
5. GATE ALONG OAKRIDGE DRIVE SHALL BE SIGNED "EMERGENCY
ACCESS ONLY."
6. EXISTING ACCESS ROAD TO BE UPGRADED TO ELIMINATE ALL
POTHOLES, INCLUDING THE CONSTRUCTION OF A PUBLIC ROAD
APPROACH AND MUST MEET THE REQUIREMENTS OF PUBLIC WORKS.
7. CLEAR ALL BRUSH WITHIN A MINIMUM OF 10 FEET OF BOTH
SIDES OF THE ACCESS DRIVE AND THE BUILDING.
8. ANY TRASH RECEPTACLE OR DUMPSTER SHALL BE SCREENED FROM
PUBLIC VIEW.
9. PARKING SHALL BE PROVIDED IN ACCORDANCE WITH BUTTE
COUNTY CODE SECTION 24-35, INCLUDING 5~S LANDSCAPING OF
THE PARKING LOT.
10. NO LIVE MUSIC, SPEAKERS, OR OTHER BROADCASTING EQUIPMENT
SHALL BE LOCATED OUT-OF-DOORS.
11. PROPANE DISPENSING SHALL MEET THE REQUIREMENTS OF CDF,
OR BE BROUGHT UP TO THEIR STANDARDS.
Page 415
Oc~.aber 27, 1987
October 27~, 1957
12. HOURS OF OPERATION SHALL BE LIMITED TO 10:00 A.M. TO
10:00 P.M. SUNDAY THROUGH THURSDAY. AND 10:00 A.M. TO
11:00 P.M. FRIDAY AND SATURDAY. NO FOOD OR DRINKS SHALL
BE SERVED AFTER THESE HOURS.
13. OPERATION OF THE RESTAURANT AND BAR SHALL GENERATE A
NOISE LEVEL OF NO MORE THAN 65 DB AT PROFERTY LINE.
14. MEET THE REQUIREMENT OF THE BUILDING DIVISION OF PUBLIC
WORKS INCLUDING A BUILDING INSPECTION TO IDENTIFY
REPAIRS NEEDED FOR THE VANDALISM WHICH HAS OCCURRED OVER
THE YEARS.
15. POST A PERFORMANCE BOND IN THE AMOUNT OF $10,000 TO
INSURE THAT THE FENCING, EMERGENCY BREAK-AWAY GATE,
LIGHTING, AND ACCESS ROAD CONDITIONS ARE MET WITHIN ONE
MONTH OF OPENING THE RESTAURANT, THE REMAINDER OF THE
CONDITIONS WITHIN ONE (1) YEAR.
lb. MEET HEALTH DEPARTMENT REQUIREMENTS AND BRING RESTAURANT
INTO COMPLIANCE WITH THE CALIFORNIA UNIFORM RETAIL FOOD
FACILITIES LAW.
17, MARE APPLICATION FOR A PUBLIC HEALTH PERMIT, PAY
REQUIRED FEES TO THE HEALTH DEPARTMENT, AND HAYS
INSPECTION AND PERMIT ISSUER PRIOR TO OPERATION.
18. PRIOR TO OPERATION, OBTAIN CLEARANCE FROM THE STATE FIRE
MARSHAL'S OFFICE AND SUBMIT SAME TO THE PLANNING
DEPARTMENT.
19. THE SALE OF BEER/AND OR WINE FOR CONSUMPTION OFF THE
PREMISES IS PROHIBITED.
20. ALL DOORS SHALL BE KEPT CLOSED AT ALL TIMES DURING THE
OPERATION OF THE PREMISES EXCEPT IN THE CASES OF
EMERGENCY OR TO PERMIT DELIVERIES.
21. SIGN THE ENTRANCE TO THE RESTAURANT ADJACENT TO VISTA LA
MESA TURNOFF ENTRANCE ROAD. THE SIGN IS NOT TO EXCEED
THREE (3) FEET IN HEIGHT AND THE ILLUMINATION IS TO BE
CONFINED TO THE SIGN.
22. MAINTAIN THE FROFERTY FREE OF LITTER.
23. THERE SHALL BE NO POOL TABLES OR COIN-OPERATED GAMES
MAINTAINED UPON THE PREMISES AT ANY TIME.
24. APPLICANT MUST ALSO COMPLY WITH ALL OTHER APPLICABLE
STATE AND LOCAL STATUTES, ORDINANCES, AND REGULATIONS.
Page 41S
October 27, 1987
October 2~ 1987
S M
VOTE: 1 Y 2 Y 3 AB 4 Y 5 Y {Motion carried)
87-532 Public hearing - Sidney J. Paton - appeals the Planning Commission's
denial of a variance to front yard setback to allow a carport 42 feet
from the centerline of the road on property zoned RT-1 {minimum
density residential - mobile home) (categorically exempt from
environmental review) located on the south side of Montrose Drive
between Arroyo Drive and McCabe Court, identified as AP 69-~38-59.
Kelly Ridge area in Oroville. (465)
MOTION: REFER THE REVISED VARIANCE BACR TO THE PLANNING COMMISSION
TO REHEAR THE NEW PLAN ALONG WITH TESTIMONY FOR AND AGAINST
THIS WITH THE COSTS TO BE BORNE BY THE APPLICANT.
H S
VOTE: 1 Y 2 Y 3 AB 4 Y 5 Y {Motion carried)
87-533 Public hearing - Safor Corporation -rezone (proposed negative
declaration regarding environmental impact) from R-C (resource
conservation) to RT-1 (minimum density residential - mobile home} for
property located on the southwest corner a€ South Park Drive and
Aadaver Drive, identified as AP 66-48-36, 38, 40, 41, Paradise Pines.
(1156)
MOTION: FIND THAT THE REQUIREMENTS OF CEQA HAVE BEEN COMPLETED AND
CONSIDERED IN HARING THIS DECISION AND ADOPT A NEGATIVE
DECLARATION; AND FIND THAT THE PROPOSED REZONE FROM R-C TO
RT-1 COMPLIES WITH THE LAND USE DESIGNATION ON-BYTE,
EXISTING LAND USE. AND OTHER ELEMENTS OF THE BUTTE COUNTY
GENERAL PLAN; AND ADOPT ORDINANCE 2635 REZONING TO RT--1 THAT
PROPERTY IDENTIFIED AS AP 66-$-36 (SAFOR CORPORATION).
S M
VOTE: 1 Y 2 Y 3 AB 4 Y 5 Y (Motion carried)
87-534 Public hearing - $duardo Vance/Clarence Hammer -rezone (proposed
negative declaration regarding environmental impact) from R-3
{residential) to C-2 {general commercial) property located an the
north side of Ora Dam Boulevard hest, 440 feet east of 18th Street,
identified as AP 30-24-26 {ptn) and 74, Thermalito. (1283?
MOTION: FIND THAT THE REQUIREMENTS OF CEQA HAVE BEEN COMPLETED AND
CONSIDERED IN HARING THIS DECISION AND ADOPT A NEGATIVE
DECLARATION; AND FIND THAT TBE PROPOSED REZONE WILL CONFORM
TO ALL THE POLICI$S INCLUDING THE TEXT AND THE MAP OF THE
BUTT$ COUNTY GENERAL PLAN IF TH$ CONDITIONS ARE MADE A FART
OF THE REZONE; AND ADOPT ORDINANCE 2536 REZONING TO C-2 TRAY
Page 417
October 27, 1987
October 2~ 1987
PROPERTY TDENTTFIED AS AP 30-20-26 (PORTION) AND AF 30-20-
74; AND ADOPT RESOLUTION 87-263 APPROVING THE AGREEMENT ~IITH
EDUARDO VANCE AND CI,ARENCE HAMMER IMPLEMENTING THE FOLLO~TING
CONDITIONS:
1. DEED TO THE COUNTY OF BUTTE 40 FEET OF RIGHT-OF-WAY
MEASURED FROM THE CENTERLINE OF STATR HIGHAAY 162 (ORO
DAM BLVD. NEST).
2. MEET THE CONDITIONS OF CALTRANS AND OBTAIN NECESSARY
ENCROACHNENT PERMITS FROM CALTRANS FOR THE DEVELOPMENT
OF THE ABOVE PARCELS.
3. APPLICANT MUST ALSO COMPLY KITH ALL OTHER APPLICABLE
STATE AND LOCAL STATUTESr ORDINANCES ANA REGULATIONS,
S M
VOTE: l Y 2 Y 3 AB 4 Y 5 Y (Motion carried?
CLOSED SESSION: The Hoard recessed at 11:52 for lunch and to hold a
closed session on actual litigation pursuant to
government code section 54956.9(a} for the following
cases: two lawsuits of County of Butte v. City of
Chico, Case Nos. 340790 and 88631; Mason v. Board of
Supervisors, et al, Case Na. 96251; Organ v. Dolan,
Case Na. 96241; and Midway Orchards v. County of
Butte, Case Nos. 59095 and 75957
RECONVENE: The Board of Supervisors reconvened at 2:13 g.m.
foliowiag lunch and a closed session on litigation. (NO
ANNOUNCEMENTS WERE MADE.}
Public HearinQS and Timed Items
87-535 Public hearing - Butte County Planning Commission - proposed negative
declaration regarding environmental impact and amendment to the Butte
County zoning ordinance to implement the Recycling Act of 1986. This
amendment would permit a recycling center within 1/2 mile of each
food store with annual sales of $2 million or more. (1433)
MOTION: ADOPT A NEGATIVE DECLARATION REGARDING ENVIRONMENTAL IMPACT;
AND FIND THAT THE ADOPTION OF THE AMENDMENT TO PERMIT
RECYCLING FACILITIES IS CONSISTENT WITH BUTTE COUNTY GENERAL
PLAN POLICIES AND OTHER COUNTY DOCUMENTS, INCLUDING THE
SOLID ftASTE MANAGEMENT PLAN; AND ADOPT ORDINANCE 2637 TO SET
OUT CONDITIONS AND PROCEDURES FOR PERMITTING RECYCLING
FACII,ITISS WITHIN COMMERCIAL. INDUSTRIAL, PUBLIC/QUASi-
Page 418
October 27r 1987
October 27~ 19$7
PUBLIC ZONES WITHIN BUTTE COUNTY; AND ADOPT RESOLUTION 87--
264 SETTING FORTH THE FILING AND APPEAL FEES FOR RECYCLING
FACILITIES SUBJECT TO ADMINISTRATIVE AND SITE DEVELOPMENT
PERMITS FROM THE PLANNING DEPARTMENT.
S M
VOTE: l Y 2 Y 3 AB 4 Y 5 Y (Motion carried
87-536 Public hearing - Butte County Board of Supervisors - consideration of
proposed negative deciaratian regarding environmental impact and
amendment to the Butte County Code, Chapter 24 - comprehensive zoning
ordinance involving the following subjects:
ARTICLE
i PURPOSE. PRINCIPLES AND STANDARDS
2 ESTABLISHMENT AND DESIGNATION OF ZONES, INTERPRETATION OF
BOUNDARIES. AND AMENDMENTS TO THE PLANNING AND ZONING LAW
3 DEFINITIONS
4 AGRICULTURAL ZONE
5 COMMERCIAL FQRESTRY ZONE
6 TIMBER PRESERVE ZONE
8 RESIDENTIAL ZONE
9 SUBURBAN RESIDENTIAL ZONE
i0 RURAL RESIDENTIAL ZONE
12 COMMERCIAL ZONE
13 SCENIC HIGHWAY ZONE
15 INDUSTRIAL ZONE
17 FOOTHILL RESIDENTIAL ZONE
18 TIMBER MOUNTAIN ZONE
21 OPEN SPACE ZONE
22 PLANNED UNIT DEVELOPMENT ZONE
23 RESOURCE CONSERVATION ZONE
24 PUBLIC/QUASI-PUBLIC ZONE
25 UNCLASSIFIED ZONE
26 OVERLAY OR COMBINING ZONES
27-31 RESERVED (ALSO ARTICLE 7, 11, 14, 16, 19-20?
32 PROCEDURES -- ENVIRONMENTAL REVIEW, GENERAL PLAN AMENDMENTS,
REZONES, INTERIM ZONING, NONCONFORMING USES, USE PERMITS. MINING
PERMITS AND RECLAMATION FLANS. 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
38 OFF-STREET PARKING
39 ADULT ENTERTAINMENT BUSINESSES
40 TEMPORARY RESIDENTIAL PERMITS
41 TEMPORARY USES - MOBILE HOME RESIDENCES
42 MOBILE HOME PARK STANDARDS
Page 419
October 27, 1987
October 27 ~ 1987
43 DEVELOPMENT AGREEMENTS
44 CONSTRUCTION OF ADDITIONAL DWELLING UNIT
45 RESIDENTIAL NONCONFORMING USE STANDARDS
APPENDICES
A. CHAPTER 13 OF THE $UTTE COUNTY CODE: MINING AND DREDGING
$. RESOLUTION 74-109: MO$ILE HOME PARKS, RECREATIONAL VEHICLE PARKS,
TRAVEL TRAILER PARKS
C. FEES
D. RESOLUTION 79-20: PROCEDURE FOR TIMBER PRESERVE ZONING - INITIAL
AND REZONING (1511}
(CONTINUED TO NOVEMBER 3, 1987 AT 2:00 P.M. WITH A DISPLAY AD SHOWING
THE POINTS TO BE DISCUSSED AT EACH MEETING TO $E ADVERTISED IN THE
NEWSPAPER.)
ReQUiar Agenda
87-537 Report from the Chief Administrative Officer on library funding and
service levels. (334}
MOTION: ADOPT BUDGET TRANSFER N0. 31 APPROPRIATING 5236,000 FROM
UNANTICIPATED REVENUE AND $34,000 FROM THE LIBRARY TRUST
FUND FOR A TOTAL OF $270,000 TO VARIOUS LINE ITEMS IN THE
LIBRARY BUDGET. DIRECT THE ADMINISTRATIVE OFFICE TO REVIEW
THE STATUS OF THE REVENUE ANTICIPATED FROM NON-COUNTY
SOURCES BY JANUARY 31, 198$ AND RECOMMEND CORRESPONATNG
REDUCTIONS IN THE LIBRARY BUDGET TF THE PROJECT REVENUE HAS
NOT BEEN RECEIVED. ADOPT AS THE POLICY OF THE BOARD THAT
TAE GRANT FROM THE LIBRARY FOUNDATION EAPPRO%IMATELY
$55,000) NOT BE APPROPRIATED UNTIL SUCH TIME AS THE
UNANTICIPATED REVENUE HAS BEEN RECEIVED FROM NON-COUNTY
SOURCES. DIRECT THE LIBRARIAN TO IMPLEMENT HOURS OF SERVICE
FOR THE BRANCHES ACCORDING TO THE CONTRIBUTIONS RECEIVED
FROM NON-COUNTY SOURCES.
S M
VOTE: i N 2 Y 3 AB 4 N 5 Y {Motion failed)
MOTION: ADOPT BUDGET TRANSFER N0. 31 APPROPRIATING $6'7,400 IN
UNANTICIPATED REVENUE AND $34,000 FROM THE LIBRARY TRUST
FUND FOR A TOTAL OF $101,400 TO THE LIBRARY BUDGET UNIT,
SALARIES AND $ENEFITS LINE ITEMS. DIRECT THE DIRECTOR OF
LIBRARIES TO IMPLEMENT HOURS OF OPERATION FOR THE OROVILLE,
GRIDLEY, PARADISE AND DURHAM BRANCHES BASED ON THE
CONTRIBUTIONS RECEIVED FROM HON-COUNTY SOURCES. ADOPT AS
POLICY THE BOARD'S INTENTION TO MATCH NON-COUNTY
CONTRIBUTIONS DOLLAR-FOR-DOLLAR UP TO $135r000r ADDING THAT
Page 420
October 27, 1987
October 2._...s. 1987
ANX MONIES COMMITTED BY BUTTS COUNTY COMMUNITIES BY NOON ON
FRIDAY, OCTOBER 29, WILL BE MATCHED. MOVE THAT THE CHAIRMAN
SST UP A TWO-PERSON COMMTTTSS TO REVIEW THE LTBRARX
OPERATION AND PROCEED i~ITH INITIATING VOLUNTEER SERVICES TO
GO ALONG WITH THE APPROPRIATION TODAY WHICH KILL STILL GIVE
THS BOARD THE FLEXIBILITY THEY NEED TO MAKE THIS FUNCTION.
S M
VOTE: ~. 2 3 4 5
RECI:55: 3:33 p.m.
RECONVENE: 4:05 p.a~.
VOTE: ~. 2 3 4 5 (Motion withdrawn.?
MOTION: ADOPT BUDGET TRANSFER N0. 31 APPROPRIATING 5236,fl00 FROM
UNANTICIPATED REVENUE AND $34,000 FROM THE LIBRARY TRUST
FUND FOR A TOTAL OF $270,000 TO VARIOUS LINE ITEMS IN THS
LIBRARY BUDGET. DIRECT THE ADMTNISTRATTVE OFFICE TO REVIEW
THS STATUS OF THS REVENUE ANTICTPATSD FROM NON-COUNTY
SOURCES BY JANUARY 31, 1988 AND RECOMMEND CORRESPONDING
REDUCTIONS IN THE LIBRARY BUDGET IF THE PROJECT REVENUE HAS
NOT BSSN RECEIVED. ADOPT AS THS POLICY OF THE BOARD THAT
THE GRANT FROM THS LIBRARY FOUNDATION (APPROXTMATSLY
555.000) NOT BE AFPROPRIATSD UNTIL SUCH TIME AS THS
UNANTICIPATED REVENUE HAS BSSN RSCSIVSD FROM NON-COUNTY
SOURCES. DIRECT THE LIBRARIAN TO TMPLSMSNT HOURS OF SERVICE
FOR THE BRANCHES ACCORDING TO THS CONTRIBUTIONS RECEIVED
FROM NON-COUNTY SOURCES. UNDER NO CIRCUMSTANCES WOULD THE
585.000 SITTING AS A DRAi~ AGAINST CONTRIBUTIONS FROM CITIES
SUCH AS cHIGO BE EXPENDED WITHOUT A LIKE CONTRIBUTION FROM
THE CITIES AND TOWN. MOVE THAT A TWO-PERSON COMMITTEE
COMPRISED OF SUPSRVISOR5 FULTON AND DOLAN BE ESTABLISHED TO
LOOK AT THE ORGANIZATION OF THE LIBRARY INCLUDING THE
OVERHEAD AT THS HSAD¢UART£RS IN OROVILLS, BETTER WORKING
RELATIONSHIP WITH THS VOLUNTSSRS, ¢UALTFTCATTONS OF THE
VOLUNTSSRS AND INTSRBRANCH TRANSFER OF BOOKS, A COMMITMENT
IN FULL WOULD HAYS TO BE MADE BY EACH OF THE CITIES FOR A
TOTAL of s13~,oao sXP~arrDlTUR~.
s M
YOTS: 1 Y 2 Y 3 AB 4 Y 5 Y (Motion carried)
MOTION: DIRECT THE CRAIR TO WRITE LETTERS TO THE CITY OF OROVILLE
AND GRIDLEY THANKING THEM FOR THEIR CONTRIBUTION AND THS
SXCSLLSNT RELATIONSHIP THAT EXISTS WITH THS CITIES.
M 5
VOTE: 1 Y 2 Y 3 AB 4 Y 5 Y (Motion carried)
Palle 421
October 27, 1987
Octo er 2~ 1987
Public Hearings and Timed Items
87-538 1. Public hearing -Owen Cole - abandonment of public utility
easement and light and air easement, Lots 25 and 26, Carriage
Manor Subdivision, AP 36-78-25 and 26. E1615)
NOTION: MOV& TD AUTHORIZE THE BUILDING DEPARTMENT TO RELEASE
MR. COLE'S DEVELOPMENT PERMITS. THE BUILDING DEPARTMENT IS
DIRECTED TO IMMT~DIATELY AITHDRAW THOSE PERMITS IN THE EVENT
MR. COLE DOES NOT COMPLETE THE REVERSION AND UTILITY
CONNECTION.
M S
VOTE: 1 Y 2 Y 3 AB 4 Y 5 Y (Motion carried?
87-539 Consideration of releasing underground tank program impounds.
{Government Operations Committee) 116691 (CONTINUED UNTIL
NOVEMBER 3, 1987,)
87-540 Closed hearing - David Manthei - appeal of the determination of the
Planning Department that an environmental impact report is required
on rezone from U {unclassified) to FR-3 {foothill recreational -
three acre parcels} for Lots 2 and 3 of Richardson Hills Subdivision,
property located approximately 1/4 mile north of Richardson Springs
Road an the east side of Cohasset Road and the west side of Panorama
Drive identified as AP 47-23-59, 60, northeast Chico. (File 87-36)
(from 10/20/87) {1686? {CONTINUED TO NOVEMBER 17, 1987.1
87-541 Public comment. {FRESENTATIDNS WILL BE LIMITED TO FIVE MINUTES. THE
BOARD OF SUPERVISORS IS PROHIBITED BY STATE LA's FROM TARING ACTION ON
ANY ITEM PRESENTED I£ IT IS NOT LISTED ON THE AGENDA.) (NONE)
ADJOURNMENT: There being nothing further before the Hoard at this
time, the meeting was adjourned at 4:20 p.m. to
reconvene on Tuesday, November 3. 1987 at 9:00 a,m.
ATT
MAR
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October 27, 1987