HomeMy WebLinkAboutM121884December 18, 1984
84-886
84-887
Call to order - Soard of Supervisors Raom, County Administration
Building, 25 County Center Drive, Oroville.
Present: Supervisors Dolan, Fulton, Moseley, wheeler and Chairman
Saracens; Martin 3. Nichols, chief administrative officer; Del Siemsen,
county counsel; and Rubye Townsley, deputy clerk of the Board.
Pledge of allegiance to the Flag of the United States of America.
Invocation - Robert Townsley.
Additional items to be addressed at the end of the day:
1. Chairman Saracens would like to appoint Hack Mclnturf to .the Board
of Directors of the Northern California•Supervisors Association.
Motion: AFFOINTED.HACK McINTURF, TO BE EFFECTIVE UPON TARING OFFICE.
M S
Vote: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
Consent Agenda
1. Approval of minutes. APPROVED MINUTES OF DECEMBER 11, 1984,
2. Budget transfers. APPROVED BUDGET TRANSFERS B-99, B-100, B-i01,
B-102 AND B-105.
3. Butte County Fair - the Board of Directors requests a transfer of
funds in order to balance the 1984 budget. APPROVED BUDGET
TRANSFER NO. 1984-1 FOR THE BUTTE COUNTY FAIR.
Fage 363
December 18, 1984
84-857 4. Butte County Fair - the Board of Directors submits a proposed
(Cont'd) operating budget of $324,809 for calendar year 1985. APPROVED
BUDGET.
5. Resolution of appreciation for Dr. Albert E. Raitt. ADOPTED
RESOLUTION 84-196 AND AUTHORIZED THE CHAIRMAN TO SIGN.
6. Ordinance repealing Section 13-111, .Butte County Code, relative
to mining committee. WAIVED SBCOND READING AND ADOPTED ORDINANCE
2447.
7. Appointment to Paradise Memorial Hall Committee. APPOINTED JAMES HAYES,
DELEGATE, AND ROBERT EASELEY, ALTERNA'T'E DELEGATE, NORTH VALLEY
DETACHME~7T, MARINE CORPS LEAGUE, TO SERVE UNTIL DECEMBER 31, 1985.
8. Appointment to Gridley Memorial Hall Committee. APPOINTED
HERBERT PERi~INS, DELEGATE, AND LESTER '1: HEPWORTki, ALTERNATE
DELEGATE, AMERICAN LEGION, TO SERVE UNTIL DECEMBER 31, 1985.
9. Appointment to Community Action Agency Board of Directors.
APPOINTED LOTS McDONALD, DISTRICT NO. 5, TO SERVE UNTIL DECEMBER 31,
7.988.
10. Appointment to Personnel Appeals Commission. APPOINTED LEO BATTLE,
MANAGEMENT REPRESENTATIVE, TO SERVE UNTIL DECEMBER 31, 1988; AND
BONNIE HUNTINGTON, MANAGEMENT REPRESENTATIVE ALTERNATE, TO SERVE
UNTIL DECEMBER 31, 1986.
11. Resolution establishing the Surface Mining Aggregate Operations
Committee. ADOPTED RESOLUTION 84-197 AND AUTHORIZED THE CHAIRMAN
TO SIGN.
12. Latimer, Kenkel & Bussey, attorneys, on behalf of Filemon Gutierrez,
Gina Gutierrez, Jesus Gutierrez, Mike Gutierrez, and Septien Gutierrez,
submit five individual claims, each totaling $250,000 for alleged
damages sustained during a search by the Butte County Sheriff's
Department on or before September 4, 1984. DENTED CLAIM AND
REFERRED TO COUNTY COUNSEL AND RISK MANAGEMENT COORDINATOR.
13. Family Service Association contract for the period of December 1,
1984, to .Tune 30, 1985, in the maximum amount of $8,760 - state
funded services include a Sexual Abuse Prevention Education Program
for junior high school students. APPROVED AGREEMENT AND AUTHORIZED
THE CHAIRMAN TO SIGN.
14. Parent Education Network contract for the period of December 1, 1984,
to June 30, 1985, in the maximum amount of $42,354 - state funded.
Services include a community education program on child abuse.
APPROVED CONTRACT AND AUTHORIZED THE CHAIRMAN TO SIGN.
Page 364
December 18, 1984
84-887 15. Community Action Agency -- a resolution has been prepared changing
(Cont'd) the Community Action Agency .(CAA) designation from the Board of
Supervisors to the Community Action Agency, Inc. ADOPTED RESOLUTION
84-198 AND AUTHORIZED THE CHAIRMAN TO SIGN,
16. Community Action Agency - CAA has proposed a contract for payroll
and consultation services with the.AUditor-Controller to be
effective January 1, 1985, with payment from CAA grant funds.
AUTHORIZED ADMINISTRATIVE OFFICE TO NEGOTIATE AND SIGN AGREEMENT.
17. Glenn County and Lassen County request waiver of Community Services
Block Grant (CSBG} service provision. WAIVED BUTTE COUNTX'S OPTION
TO PROVIDE CSBG SERVICES IN GLENN COUNTY AND LASSEN COUNTY AND
AUTHORIZED DIRECTOR TO NOTIFY THESE COUNTIES OF THE WAIVER,
18. 1985 Head Start Program. AUTHORIZED COMMUNITY ACTION AGENCY TO
CONTINUE OPERATING THE HEAD START PROGRAM THROUGH JANUARY 1985;
ADVANCED UP TO $40,000 OPERATING CASH PENDING RECEIPT OF GRANT
FUNDS; AND REQUIRED A FINANCIAL S'T'ATUS REPORT BE MADE ON
JANUARY $, 1985.
19. Harold A. Deal - appeals the Planning Commission's denial of
rezone from M-1 (light .industrial) to AR-MH (agricultural
residential - mobile home), AR-MH-2-1/2, AR-MH-3 and AR-MH-5
(agricultural residential -.mobile home 2-1/2, 3 or 5 acre..
minimums respectively) (proposed negative declaration regarding
environmental impact) for property located at the southeast corner
of iiusel Road and Lincoln Blvd., Oroville. PUBLIC HEARING DATE
SET FOR JANUARY l5, 1985, AT 10:30 A,M,
20. Barnhart-Brown & Associates - on behalf of Mr. Fred Kanna and
Mr. Scott Olry, appeal the Planning Commission's denial of rezone
(proposed negative declaration regarding environmental impact)
from AR-1 (agricultural residential - one acre parcels} to A-R
.(agricultural - residential} for property located on the southeast
corner of Almquist Drive and Mt. Ida Road, approximately 1500 feet
east of La Mirada Avenue, identified as AP 36--06--125, 133 and 135,
Oroville. PUBLIC HEARING DATE SET FOR JANUARX lS, 1985, AT
10:45 A.M.
21. Final map - Flower Subdivision, Unit 4 - AP 55-44-18, located on
the southeast corner of Country Club Drive and Pentz Raad, The
developer has provided cash deposits to guarantee construction
of improvements and maintenance of facilities for a period of
one year starting upon completion of the project. APPROVED FINAL
MAP; ACCEPTED EASEMENTS AND ONE-FOOT NO-ACCESS STRIP AS GRANTED IN
OWNER'S CERTIFICATE ON BEHALF OF THE PUBLIC; ACCEPTED GRANT IN FEE
SIMPLE CAPTRINO WAX AS OFFERED IN THE OWNER'S CERTIFICATE; AUTHORIZED
CHAIRMAN TO SIGN SUBDIVISION AGREEMENT. NOTED THAT TAXES OR SPECIAL
ASSESSMENTS HAVE SEEN PAID..
Page 365
December 18, 1984
84-887 22. Auditor/Controller requests a change in the purchase of fixed
(Cont'd) asset items. AUTHORIZED DELETION OF WORD PROCESSING SOFTWARE
AND ADDITION OF ADDITIONAL MEMORX FOR 'T'HREE PERSONAL COMPUTERS.
23. Advance step hiring for a Mental Health nurse. AUTHORIZED FILLING
OF TWO VACANT MENTAL HEALTH NURSE POSITIONS AT UP TO THE "C" STEP
OF THE SALARY RANGE.
24. Deferred Compensation Plan - Sacramento Savings - the Deferred
Compensation Plan administrator proposed a contract amendment
modifying the interest options for the plan. AUTHORIZED CONTRACT
AMENDMENT.
25. State Department of Education has offered $13,127 to Butte County
Alcohol and Drug Services Program to provide prevention education
services to Butte County Schools. APPROVED MOTION OF INTENT TO
ACCEPT FUNDS.
2b. Lease of word processing equipment - the 1984-85 Welfare budget
includes $14,600 for the first year's lease payments on a three-
year lease/purchase agreement for two word processing systems.
APPROVED LEASE AGREEMENT SUBJECT TO APPROVAL SY COUNTY COUNSEL
AND AUTHORIZED PURCHASING OFFICER TO EXECUTE THE AGREEMENT.
27. Report to Berard -- Scott Olry and Fred Kanner, proposed negative
declaration and denied rezone from AR-1 (agricultural-residential -
1 acre parcels} to A-R (agricultural-residential) for property
located on the southeast corner of Almquist Drive and Mt. Ida Road,
approximately 1500 feet east of La Mirada Avenue, identified as
AP 36-06-125, 133 and 135, Oroville. ACCEPTED FOR INFORMATION.
28. Report to the Board -- Butte County Planning Commission (Harold Deal),
proposed negative declaration and denied rezone from M-1 (light
industrial} to AR-MH, AR-MH 2-1/2, AR-MH--3, or AR-MH-S (agricultural
residential mobile home -- 2--1/2, 3 or 5 acre parcels), property
located at the southeast corner of Kusel Road and Lincoln Blvd..,
Oroville. ACCEPTED FOR INFORMATION.
29. Annexation to CSA 82 - Stirling City Sewer. ADOPTED RESOLUTION
84-199 APPROVING ANNEXATION AS PROPOSED.
30. Communications.
a. William P. Mace, executive director, Superior California Humane
Society - submits notice to terminate the county's Animal Control
Services Agreement, effective 5:00 p.m, on April 16, 1985.
REFERRED TO CHIEF ADMINISTRATIVE OFFICER FOR REPORT AND RECOMMENDATION.
Page 3b6
December 18, 1984
84--887 30. Communications (Continued)
(Cont'd)
b. Federal Energy Regulatory Commission - provides notice of
Oroville-Wyandotte Irrigation District's application for a major
license for the proposed Rock Creek No, 2 Project No. 3479,
located an the Dig and Little Kimshew Creeks, North Valley Creek,
Rock Creek and North Fork Feather River in, Butte and Plumas
Counties. ACCEPTED FOR INFORMATION.
c. William W. Gedais, engineer - writes concerning fees to mitigate
school over-crowding problems. ACCEPTRD FOR INFORMATION.
Motion: APPROVED CONSENT AGENDA.
S M
Vote: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
84-888 Additional items from Board members:
(135)
1. Supervisor Fulton, on behalf of the Board, presented plaques to
Supervisors Moseley and Saraceni for their years' of dedicated
service.
Regular Agenda
84-889 Consideration of endorsement by Butte County Board of Education and
(354} appointment of Superintendent of Schools.
Motion: APPOINTED MR. EUGENE EVEN AS SUPERINTENDENT OF SCHOOLS.
5 M
Vote: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
(MR. EVEN ACCEPTED APPOINTMENT AND WAS SWORN INTO OFFICE BY ELEANOR SECKER,
COUNTY CLERK.)
Closed Hearings
84-890 RFC Surveyors - on behalf of Frank Brazell, appeal the Advisory Agency's
(589) denial of appeal of the requirement for an environmental impact report
on tentative parcel .map, AP 44-78-05, dividing 1.96+ acres into four
parcels, property located on the north side of Lassen Avenue approxi-
mately 2100 feet west of Esplanade, Chico area (from 12/11/84).
Page 367
December 18, 1984
84-890 Motion: UPHELD APPEAL. ADOPTED A NEGATIVE DECLARATION, FINDING THAT
(Cont'd) THE DIVISION OF A PARCEL DOES NOT CREATE. KIDS; THEREFORE,. THERE
ARE NO IMPACTS.
M S
Vote: l Y 2 N 3 Y 4 Y 5 N (Motion carried)
84-891 RFC Surveyors - on behalf of Dae Mill vineyards, appeal the Advisory
(926} Agency's denial of a tentative parcel map (item for which an environ-
mental impact report has previously been certified), AP 46-71-25,
dividing 93.2 acres into four parcels: of 20.0 acres each, property
located 300 feet south of Wilder Drive, west of Zinfandel Drive,
Doe Mill Ridge area (from 8/28/84).
RFC Surveyors.- on behalf of Larry Ludwig, appeal the Advisory Agency's
denial of a tentative parcel map (item on which a negative declaration
of environmental impact has been recommended), AP 51-O1-143, three
parcels, property located on both sides of Doe Mill Ridge, approxi-
mately 800 feet north of Hummer Road, Doe Mill Ridge area (from 8/28/84).
RECESS: 9:36 a.m.
RECONVENE: 9:47 a.m.
(SUPERVISOR DOLAN ABSENT AT THIS TIME.)
(Supervisor Wheeler felt that a clarification of the word 'further'
as found in Item 4.1, page 5, of the Bidwell Heights Specific Plan
was necessary; i.e., "A County Service Area is to be established
prior to the filing of any further tentative parcel or subdivision
maps." The Bidwell Heights Specific Plan was approved by the Board on
September 20, 1983.)
Motion: FOUND THAT THE WORD 'FURTHER' WAS TO BE APPLIED TO NEW
APPLICATIONS.
~~ M S
Vote: l Y 2 AB 3 Y 4 Y 5 N (Motion carried)
Motion: UPHELD APPEAL OF RFC SURVEYORS ON BEHALF OF DOE MILL VINEYARDS
ON AP 46--71-25, FINDING THAT IT IS CONSISTENT WITH THE
GENERAL PLAN AND SPECIFIC PLAN. CERTIFIED THE ENVIRONMENTAL
IMPACT REPORT THAT WAS ADOPTED FOR THE SPECIFIC PLAN,
INCORPORATING ALL THE FINDINGS MADE IN THE CERTIFICATION
OF THE ENVIRONMENTAL IMPACT REPORT FOR THE SPECIFIC PLAN
FOR BIDWELL HEIGHTS, INCLUDING ALL CONDITIONS A5 SET FORTH
BX PUBLIC WORKS AND ENVIRONMENTAL HEALTH.
M S
Vote: l Y 2 AB 3 Y 4.Y 5 N {Motion carried)
{SUPERVISOR DOLAN PRESENT AT-THIS TIME.)
Page 368 December 18, 1984
84-$9]. Motion: UPHELD APPEAL OF RFC SURVEYORS ON BEHALF OF LARRY LUDWTG,
(Cont'dy ON AP 51-O1-143, FINDING THAT IN THIS PROJECT THERE WAS A
PREVIOUSLY RECOMMENDED NEGATIVE DECLARATION. FOUND THAT THE
CERTIFICATION OF THE ENVIRONMENTAL IMPACT REPORT FOR SIDWELL
HEIGHTS WOULD APPLY TO THIS PROTECT FINDING IT CONSISTENT
WITH THE GENERAL PLAN AND SPECIFIC PLAN, CERTIFYING THE
ENVIRONMENTAL TMFACT REPORT THAT WAS ADOPTED FOR THE SPECIFIC
PLAN, INCORPORATING ALL THE FINDINGS MADE IN THE CERTIFICATION
OF THE ENVIRONMENTAL IMPACT REPORT OF THE SPECIFIC PLAN
FOR BIDWELL HEIGHTS, INCLUDING ALL OF THE CONDITIONS AS SET
FORTH BY PUBLIC WORKS AND ENVIRONMENTAL HEALTH.
M S
Vote: 3. Y 2 N 3 Y 4 Y 5 N (Motion carried)
84-992 Additional item:
(13.40)
1. Mr. Nichols reported that at the Board meeting of November 27 a
public hearing was set an the issue of formation o~ Rizztail Community
Services District. The hearing was duly noticed and advertised but
was inadvertently omitted from the agenda. The hearing will be held
at 10:15 a.m. today.
Regular Agenda
84-993 Implementation of Health Services Agency reorganization.
(1169)
Motion: WAIVED SECOND READING AND ADOPTED ORDINANCE 2448 ESTABLISHING
POSITION OF HEALTH OFFICER; WAIVED SECOND READING AND ADOPTED
ORDINANCE 2449, SALARY ORDINANCE AMENDMENT ESTABLISHING POSITION
OF DIREC'T'OR OF MEN'T'AL HEALTH/ALCOHOL PROGRAM ADMINISTRATOR/
DRUG ABUSE PROGRAM ADMINISTRATOR, AND MENTAL HEALTH PROGRAM
CHIEF; APPOINTED ALEX COLLINS-THOMAS AS DIRECTOR OF MENTAL
HEALTH/ALCOHOL PROGRAM ADMINISTRATOR/DRUG ABUSE PROGRAM
ADMINISTRATOR AT STEP C, RANGE 30.5; AUTHORIZED RECRUITMENT
OF HEALTH OFFICER; AND APPOINTED DR. JULIAN LORENZ AS COUNTY
HEALTH OFFICER/CHILD HEALTH AND DISABILITY PREVENTION
PROGRAM DIRECTOR/MEDICAL DIRECTOR OF BUTTE COUNTY EMERGENCY
SERVICES AGENCY AT STEP E, RANGE 41.5; ALL ACTIONS TO BE
EFFECTIVE JANUARY 26, 1985.
M S
Vote: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
Page 369
December 18, 1984
84-994 Consideration of application to State Department of Parks and Recreation
(1352) to designate Richardson Springs Hotel as a point of historical interest
(Supervisor Wheeler}.
Motion: AUTHORIZED APPLICATION TO DESIGNATE RICHARDSON SPRINGS HOTEL,
RICHARDSON SPRINGS LODGE AND RICHARDSON SPRINGS HOME AS A POINT
OF INTEREST.
M 5
Vote: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
Public Hearings and Timed Items
84-995 Butte County Board of Supervisors (Thomas Reed, et al) - General Plan
{1527) amendment from agricultural residential to industrial (item on which
a negative declaration regarding environmental impact has been
recommended), property located on the north side of Throntree Drive
from approximately 600 feet east of Cohasset to approximately 2000 feet
east of Cohasset Road, identified as a portion of AP 48-01-17, 20, 21,
22 and 23, Chico. {HEARING OPENED AND CONTINUED TO THE 10:30 A.M,
MERLO GENERAL PLAN AMENDMENT HEARING.}
84-996 Continued hearing - Thomas Reed, et al - appeals the Planning Commission's
(1675) denial of a rezone (item on which a negative declaration regarding
environmental impact has been recommended) from SR-3 (suburban resi-
dential - 3 acre parcels).to M--1 (light industrial), property located
on the north side of Thorntree Drive from approximately 600 feet
east of Cohasset Road, identified as a portion of AP 48-01-17, 20,
21, 22 and 23, more particularly described as; the easterly 795 feet
of the 5E 1/4 of the SW 1/4 of Sec. 2, T22n R1E MDS&M and the southerly
920 feet of the SE 1/4 of the SW 1/4 of said Section 2, containing
52.14 acres, more or less, Chico (from 11/27/84}, (HEARING OPENED
AND CONTINUED UN'T'IL AFTER ACTION ON GENERAL PLAN AMENDMENT,)
Regular Agenda
$4-997 Report from County Clerk concerning sufficiency of referendum petition -
(1675) Midway Orchards/South Fork Developers.
Motion: PLACED REFERENDUM ON THE NOVEMBER 5, 1985, COUNTY--WIDE REGULAR
ELECTION, USING LANGUAGE CONTAINED TN EXHIEITS 1 AND 2, SUB~]'ECT
TO REVIEW BY COUNTY COUNSEL.
M S
Vote: 1 2 3 4 5
Page 370
December 1$, 1984
84-997 Amended Motion: TO ADD THE QUESTION, "SHALL THE BOARD OF SUPERVISORS
(Cont'd} REPEAL ORDINANCE 2445?"
M S
Vote: 1 N 2 Y 3 N 4 N $ Y {Motion amendment failed}
Vote on motion:
l Y 2 N 3 Y 4 Y 5 N {Motion carried)
Public Hearings and Timed Items
84-998 Consideration of formation of Buzztail Community Services District.
(2113)
Motion: ADOPTED RESOLUTION ESTABLISHING BUZZTAIL COMMUNITY SERVICES
DISTRICT.
M S
Vote • 1 2 3 4 5
{COUNTY COUNSEL ADVISED SUPERVISOR WHEELER THAT SHE WOULD NEED TO MAKE
FINDINGS RELATING TO CEQA.}
Motion continued: AFTER REVIEWING AND CONSIDERING THE ENVIRONMENTAL
IMPACT REPORT PREPARED FOR THE BIDWELL HEIGHTS SPECIFIC PLAN,
FOUND THAT THE PROJECT WILD HAVE A SIGNIFICANT EFFECT' ON THE
ENVIRONMENT AND ADOPTED BY REFERENCE THE OVERRIDING CONSIDERATIONS
ADOPTED SY THE BOARD OF SUPERVISORS ON SEPTEMBER 20, 19$3, AS
PART OF THE APPROVAL OF THE SPECIFIC PLAN. THE BOARD FOUND
THAT IT IS POSSIBLE TO MITIGATE SOME OF THE IMPACTS HIGH-
I,IGHTED TN THE ENVIRONMENTAL IMPACT REPORT AND ADOFTED BY
REFERENCE THE FINDINGS FOR APPROVAL OF THE SPECIFIC PLAN
ADOPTED BY THE BOARD OF SUPERVISORS ON SEPTEMBER 20, 1983;
FURTHER, THE BOARD APPROVED THE FORMATION OF COMMUNITY SERVICE
DISTRICT WITHOUT TkIE TRANSFER OF ANY EXISTING PROPERTY TAX
REVENUES WITH AN INDEPENDENT BOARD OF DIRECTORS TO BE ELECTED
A5 PROVIDED FOR IN THE COMMUNITY SERVICES DISTRICT AND
WITH THE FOLLOWING SPECIFIC POWERS: SUPPLEMENTAL POLICE PROTECTION,
FIRE, ROAD, WATER, SURFACE DRAINAGE, SEWER MAINTENANCE AND STREET
LIGHTING AUTHORI'T'Y.
M S
Vote: 1 2 3 4 5
(CONTINUED TO LATER IN MEETING FOR~COUNSEL TO REVIEW A TECHNICALITY.
SEE MINUTE ORDER 84-1003.}
Page 371
December 18, 1984
84--999 Continued hearing -Nicholas Monte - appeal of the Advisory Ag:ency's
(570) Condition 18 (proof of water requirement} on the Parham Subdivision,
AP 27-18-16, 31 parcels, property located 1300 feet east of the southerly
end of.Greir Avenue, Palermo area (from 12/11/84).
Motion: UPHELD APPEAL OF. CONDITION NUMBER 18 (PROOF OF WATER) FOR
NICHOLAS MONTE, AP 27-18-16, FINDING THAT THE REQUIREMENT
APPEARS TO BE ARBITRARY AND NOT EQUALLY APPLIED TO ALL
PROJECTS BECAUSE THE SUBDIVISION ORDINANCE REQUIRES FIVE
GALLONS PER MINUTE FOR A SUBDIVISION, BUT INDIVIDUALS CAN
GET APPROVAL OF A WELL PRODUCING THREE GALLONS PER MINUTE.
M S
Vote: I Y 2 N 3 Y 4 Y 5 N {Motion carried)
(CHAIRMAN SARACENI RECOMMENDED THAT THIS ORDINANCE BE REVIEWED
BY A CITIZENS: COMMITTEE AND A RECOMMENDATION BROUGHT BACK TO THE BOARD.}
84-1000. Board of Supervisors (Merlo) - proposed negative declaration and General
(821} Plan amendment of approximately 6.7 acres from orchard and field crops
to agricultural-residential on property zoned A-2 (general) located
approximately 500 feet south of Oroville-Chico Highway, 1400 feet
east of Midway, identified as AP 40-06-04 (portion}, Durham.
Butte County Board of Supervisors (Thomas Reed, et al} - General Plan
amendment from agricultural residential to industrial {item on which
a negative declaration regarding environmental impact has been
recommended), property located on the north side of Thorntree Drive
from approximately 600 feet east of Cohasset to approximately 2000 feet
east of Cohasset Road, identified as a portion of AP 48-01-17, 20,
21, 22 and 23, Chico. {Continued from earlier in the meeting, Minute
Order No. 84 -995.}
Motion: ADOPTED RESOLUTION 84-200 ADOPTING AN AMENDMENT TO THE CHTCO
AREA LAND .USE MAP OF THE LAND USE ELEMENT OF THE BUTTE COUNTY
GENERAL PLAN, "WHEREAS, THIS BOARD PURSUANT TO GOVERNMENT CODE
SECTION 65356.1 REFERRED TO THE PLANNING COMMISSION A PROPOSED
AMENDMENT, AS SHOWN ON EXHIBIT A ATTACHED HERETO, TO THE CHICO
AREA LAND USE MAP OF THE LAND USE ELEMENT; AND WHEREAS,
PURSUANT TO GOVERNMENT CODE SECTION 65356.1, THE PLANNING
COMMISSION HELD A HEARING ON THIS PROPOSED AMENDMENT AND SUBMITTED
A REPORT TO THIS BOARD; AND WHEREAS, THE BOARD HAS READ AND
CONSIDERED THE INITIAL STUDY FOR A NEGATIVE DECLARATION REGARDING
ENVIRONMENTAL IMPACT; AND WHEREAS, THE BOARD FINDS THAT THE
PROPOSED AMENDMENT TO THE CHICO AREA LAND USE MAP IS CONSISTENT
WITH THE ELEMENTS OF THE BUTTE COUNTY GENERAL PLAN, AND IN
PARTICULAR IT TS CONSISTENT WITH THE CHICO AREA LAND USE PLAN
IN THAT THE CHICO AREA LAND USE PLAN PERMITS AGRICULTURAL
RESIDENTIAL LAND USE TO OCCUR ON TIIE AGRICUL'T'URAL SIDE OF 'T'HE
Page 372
December 18, 1984
84-1aa0 THE GREE[3 LINE WITHIN THOSE .AREAS SO DESIGNATED AS AGRICULTURAL-
(Cont'd} RESIDENTIAL ON THE CHICO AREA LAND USE MAP; AND WHEREAS THE BOARD
FINDS THAT THE PROPOSED AMENDMENT IS IN CONFORMANCE WITH THE
CONDITIONAL ZONING AND DEVELOPMENT CRITERIA OF THE AGRTCULTURAL-
RESTDENTIAL DESIGNATION OF THE BUTTE COUNTY GENERAL PLAN IN THAT:
(1) THE PROPOSAL IS COMPATIBLE .WITH NEIGHBORING AGRICULTURAL
ACTIVITIES THROUGfrI THE PROVISION OF A 100 FOOT MINIMUM BUFFER
FROM THE PROPOSED RESIDENCES ON THE 50UTH AND WEST PROPERTY
LINES AND FUTURE INSTALLA'T'ION OF PERIPHERAL FENCING WHERE
NEEDED. {2) EVIDENCE OF ADEQUATE WATER AND SEWAGE DISPOSAL
CAPACITY HAS BEEN AND TS BEING DEMONSTRATED TO THE BUTTE COUNTY
HEALTH DEPARTMENT. THE NITRATE ACTION PLAN WILL APPLY TO
SUBSEQUENT DEVELOPMENT AT THE DISCRETION OF TF3E REGIONAL
WATER QUALITY CONTROL BOARD. .(3) ADEQUA'T'E FIRE PROTECTION
FACILITIES ARE AVAILABLE FROM THE FIAR STREET AND DURHAM FIRE
STATIONS WITH RESPONSE TIMES OF 5-6 MINUTES. THE BUTTE
COUNTY FIRE DEPARTMENT HAD NO REQUIREMENT'S OR OBJECTIONS, fiHE
PROPERTY FRONTS ON THE OROVILLE-CHICO HIGHWAY WHICH SERVES
AS ADEQUATELY MAINTAINED APPROVED ROAD ACCESS BETWEEN CHICO
AND DURHAM. INTERIOR ROADS ARE TO SE CONSTRUCTED PER COUNTY
STANDARDS. (5) REASONABLE ACCESSIBILITY TO COMMERCIAL SERVICES
AND SCHOOLS IS AVAILABLE BY VIRTUE OF THE PROJECT'S LOCATION
BETWEEN CHICO AND DURHAM. TRAVEL TIME TO MANY COMMERCIAL
SERVICES TS WITHIN 10 MINUTES TO i5 MINUTES TN EITHER DIRECTION.
BUSSING IS AVAILABLE FOR STUDENTS GOING TO DURHAM SCHOOLS; THERE
IS ALSO THE OPTION OF SOME STUDENTS fiRANSFERRING TO CHICO SCHOOLS,
AND WHEREAS, THE BOARD FINDS THAT THE PROPOSED AMENDMENT DOES
NOT CHANGE THE LOCATION OF THE CHTCO AREA LAND USE PLAN GREEN
LINE, THUS NO FINDINGS ARE REQUIRED TO BE MADE AS SET FORTH TN
THE CHTCO AREA LAND USE PLAN; AND NOW, THEREFORE, BE IT RESOLVED
BY THE BUTTE COUNTY BOARD OF SUPERVISORS THAT THE AMENDMENT OF
THE CHICO AREA LAND USE MAP AS SHOWN ON EXHIBIT A ATTACHED
HEREfiO BE ADOPTED AND INCORPORATED WITHIN TE3E CHICO AREA LAND
USE MAP OF THE LAND USE ELEMENT OF THE GENERAL PLAN OF THE
COUNTY OF BUTTE. SE IT FURTHER RESOLVED, THAT THE LAND USE
DESIGNATION CHANGE FROM AGRICULTURAL-RESIDENTIAL TO INDUSTRIAL
FOR THE AREA IDENTIFIED ON ESHISIT B ATTACHED HERETO AND
INCORPORATED BY REFERENCE, IS HEREBY ADOPTED AND APPROVED SY
fiHE BOARD OF SUPERVISORS OF THE COUNTY OF BUTTE AS AN AMENDMENT
TO THE BUTTE COUNTY GENERAL PLAN LAND USE ELEMENT; SAID
AMENDMENT TO BE THE LAND USE POLICY FOR THE COUNTY OF BUTTE
IN THE AFFECTED AREA FOR ALL FINDINGS PURSUANT TO LAW. BE IT
FURTHER RESOLVED, THAT THE BOARD OF SUPERVISORS FINDS THAT THE
INITIAL STUDIES AND NEGATIVE DECLARATIONS PREPARED FOR THE
GENERAL PLAN AMENDMENTS AND REZONE, IDENTIFIED A5 EXHIBIT C
AND D, ARE ADEQUATE FOR THESE PROJECTS FOR COMPLIANCE WITH fif3E
CALIFORNIA ENVIRQNMENTAL QUALTY ACT {CEQA}. BE IT FURTHER
Page 373
December. l8, 1984
84~-1000 RESOLVED T~IAT PURSUANT TO GOVERNMENT CODE SECTION b5359,
(Cont'd} THAT THE GENERAL PLAN BE ENDORSED TO SHOW THAT THE ABOVE
AMENDMENT HAS SEEN APPROVED BY THIS BOARD."
S M
Vote: l Y 2 N 3 Y 4 Y 5 N (Motion carried)
84-1001 Continued hearing - Thomas Reed, et al - appeals the Planning Commission's
(1371) denial of a rezone (item on which a negative declaration regarding
environmental impact has been recommended) from SR-3 (suburban residential -
3 acre parcels) to M-1 (light industrial), property located on the
north side of Thorntree Drive from approximately 600 feet east of
Cohasset Road, identified as a portion of AP 48-01-17, 20, 21, 22 and
23, more particularly descrived as: the easterly 795 feet of the SE 1/4
of the 5W i/4 of Sec. 2, T22N R1E MDB&M and the southerly 920 feet
of the SE 1/4 of the SW 1/4 of said Section 2, containing 52.14 acres,
more or less, Chico (Continued from earlier in the meeting, Minute Order,.
84-995).
Motion: FOUND THAT THE REQUIREMENTS OF CEQA HAVE BEEN COMPLETED AND
CONSIDERED IN MAKING THIS DECISION AND FOUND THAT THE PROJECT
DOES NOT COMPLY WITH THE BUTTE COUNTY GENERAL PLAN POLICIES
FOUND ON PAGES 1, 2, 27, 28, 30 35, 36, 38 and 54, NOR THE
CHICO AIRPORT ENVIRONS PLAN AND DENIED, WITHOUT PREJUDICE,
THE PROPOSED REZONE FROM SR-3 TO M-1 ON AP 48-01-17, 20, 21,
22 AND 23 (PORTIONS), THOMAS REED, ET AL. THE. BOARD RECOMMENDED
THAT THE APPLICANT SUBMIT AN APPLICATION FOR CONSIDERATION OF
AN INDUSTRIAL PUD ON THE PROFERTY.
S M
Vote: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
84-1002 NorthStar Engineering - on behalf of Ronald Merlo, appeals the Planning
(1606) Commission's denial of a rezone from A-2 (general) to SR-1 (suburban
residential - 1 acre parcels), and A-20 (agricultural - 20 acre parcels},
(item on which a negative declaration regarding environmental impact
has been recommended), AP 40-06-04, property located on the southeast
corner of Midway and Oroville-Chico Highway, south of Chico (from 12/4/84).
Motion: FOUND THAT THE PROPOSED REZONE IS CONSISTENT WITH THE TEXT
AND THE POLICIES OF THE BUTTE COUNTY GENERAL PLAN, THE
AGRICULTURAL RESIDENTIAL LAND USE CATEGORY OF THE LAND USE
ELEMENT, AND MORE PARTICULARLY, TS CONSISTENT WITH THE CHICO
AREA LAND USE PLAN AND MAP, AS AMENDED. ADOPTED ORDINANCE
2450 REZONING AP 40-06-04 (PORTION} FROM A-2 (GENERAL} TO
SR-1 (SUBURBAN RESIDENTIAL - 1 ACRE PARCELS) AND A-20 (AGRICUL-
TURE - 20 ACRE MINIMUMS} FOR THE RON MERLO PROPER`T`Y IN DURHAM.
S M
Vote: l Y 2 N 3 Y 4 Y 5 N (Motion carried)
Page 374
December 18, 1984
84-1003 Consideration of formation of.Buzztail Community Services District.,
(1797) (Continued from earlier in the meeting, Minute Order 84-998).
Motion continued: ADOPTED RESOLUTION 84-201 AUTHORIZING THE FORMATION
OF AND ESTABLISHING THE BOUNDARIES OF THE PROPOSED BUZZTAIL
COMMUNITY SERVICES DISTRICT. ADOPTED RESOLUTION $4-202
SETTING AN ELECTION. FOR ESTABLISHING TFiE DISTRICT AND THE
ELECTION OF THE DIRECTORS ON MARCH 5, 1985, WITHIN THE
DISTRICT BOUNDARIES.
M S
Vote: 1 Y 2 N 3 Y 4 Y 5 N (Motion carried)
84-1004
(1$38) Lee Halstrom.- appeals the Advisory Agency's denial of tentative
parcel map (proposed negative declaration regarding environmental impact),
AP 58-21-154, four parcels, property located approximately 500 feet
southeast of the intersection of Yankee Hill Road and Yankee Vista
Drive on the north side of Yankee Vista Drive, in the Concow area.
Motion: FOUND THAT THE REQUIREMENTS OF CEQA HAVE BEEN COMPETED AND
CONSIDERED IN MAKING THIS DECISION; ADOPTED A MITIGATED NEGATIVE
DECLARATION AS PROPOSED BY THE APPLICANT, NOTING THAT THE
DEPARTMENT OF FISH AND GAME HAS NOT BUFFETED ANY DATA TO
SUBSTANTIATE ITS CLIAM THAT THESE PARCELS WILL HAVE A SUB--
STANTIP,L ENVIRONMENTAL IMPACT. THE CREATION OF THESE PARCELS
TN THIS AREA WILD NOT CREATE A BARRIER TO DEER MIGRATION.
FOUND THAT THIS AREA TS ZONED FOR THIS 'T'YPE OF RURAL RESIDENTIAL
DEVELOPMENT. THERE ARE PARCELS OF THIS SIZE THAT ALREADY EXIBT
IN THE AREA AND IT WOULD BE UNREASONABLE TO DENY THIS PROPERTY
OWNER THE SAME RIGHTS ENJOYED BY OTHERS. FOUND THAT THE
PROJECT CONFORMS TO THE BUTTE COUNTY GENERAL PLAN AND UPHELD
THE APPEAL OF THE ADVISORY AGENCY'S DENTAL OF A TENTATIVE
PARCEL MAP FOR I,EE HALSTROM, AP 58-21-154, WITH PUBLIC WORKS
CONDITIONS I THROUGH 11 AND ENVIRONMEN'T'AL HEALTH CONDITIONS
12 THROUGH 14.
M S
Vote: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
Regular Agenda
84-1005 Cliff Johnsen - on behalf of Joe and Eileen Camenzind, files a late
(2010) appeal on Conditions No. 2 (verify legal access) on tentative parcel
map, AP 40--02-136, four parcels, property located approximately 2800 feet
east of the intersection of Midway and Mary Bill Ranch Road on the
south side of Mary Bill Ranch Road. Chico area.
Page 375
December 18, 1984
84-1005 Discussion of amendment to Butte County Code Section 15-85 regarding
(Cont'd) differences between county-and City of Ghico ordinances (Supervisor
Wheeler).
Request to attend National Association of Counties Conference
March 2 - b, 1985, in Washington, D.C. (Supervisor Wheeler}.
(SUPERVISOR WHEELER REQUESTED THAT THESE THREE ITEMS BE PULLED FROM
THE AGENDA 1UNTIL AFTER THE FIRST OF THE YEAR.)
{SUPERVISOR WHEELER ABSENT AT THIS TIME)
Public Hearings and Tinned Items
84-1006 Recognition of persons wishing to speak:
(20$1)
1. James Hansen - requesting an ordinance to protect the Flag.
2. Bill Geddis -- inquired as to the time Agenda Item 4.06 would
be heard.
3. Ken Harbarger - comments regarding the water committee, funding
for the Sheriff's Department and contaminated water.
4. John Windham - regarding safety of the streets.
5. Cindy Schans - thanking Supervisors Moseley and Saraceni for
their years of service on the Board.
(SUPERVISOR FULTQN ABSENT AT THIS TIME}
$4-1007 Continued hearing - Millard C. Sturgeon - appeal of the Planning
(2812) Commission's revocation of Chester M. Sturgeon's use permit to allow
an auto wrecking yard on property zoned M-2 (heavy industrial},
property located on the northeast Garner of Ophir Raad and Feather
River Blvd., identified as AP 26-50-27 and 28, Oroville,(from 12/4/84).
Motion: UPHELD APPEAL. DID NOT REVOKE USE PERMIT,
M S
vote: l Y 2 AB 3 Y 4 Y 5 AB (Motion carried}
84-1008 Continued hearing - Farris Road - abandonment of road right-of-way for
*** Farris Road, AP 22-13-7, extending one mile west from the most westerly
000 corner of Farris Road and a parallel right-of-way 1/2 mile north of
the Gridley-Colusa Highway, Gridley {from 12/11/84}.
(ENGINEER WITHDREW FROM CONSIDERATION THE ABANDONMENT OF THE WESTERLY
EXTENSION OF FARRIS ROAD OVER THE 5OUTHERLY b0 ft. OF CLIENT'S PROPERTY,)
Page 376
December 18, 1984
84-1008 Motion: ADOPTED RESOLUTION 84-203 APPROVING ABANDONMENT OF RIGHT-OF--WAY
(Cont'd) A5 PROPOSED ON PETITION FOR PARCEL 1, WHICIrI IS THE RIGHT-OF-WAY
THROUGH THE CENTER OF THE PROPERTY.
S M
Vote: l Y 2 Y 3 AS 4 Y 5 AB (Motion carried)
Regular Agenda
84-1009 Report from County Counsel and Assessor on cancellation of Williamson
(103) Act fees - Ann Casey (from 12/11/84}. (NO ACTION TAKEN.}
84-1010 Report from Chief Administrative Officer concerning application for
($00} participation in the California Major Narcotics Vendors Program.
Motion: ADOPTED RESOLUTION 84-204 AUTHORIZING THE DISTRICT ATTORNEY
TO SUBMIT A REQUEST FOR PROPOSALS TO THE STATE OFFICE OF
CRIMINAL JUSTICE PLANNING FOR THE MAJOR NARCOTIC VENDORS
PROSECUTION PROGRAM ON BEHALF OF TF3E BOARD OF SUPERVISORS.
THE REQUEST FOR PROPOSAL SHALL BE SUBJECT TO THE REVIEW
OF THE CHIEF ADMINISTRATIVE OFFICER PRIOR TO SUBMISSION
TO THE STATE.
M S
Vote: l Y 2 Y 3 AB 4 Y 5 AB (Motion carried)
84-1011 Presentation by Sheriff Brooks concerning investigative services
(823) for Child Protective Services. (HELD. WILL BE LISTED ON A FUTURE
AGENDA.)
84--1012 Barnhart-Brown & Associates - on behalf of Fred Karma and Scott Olry,
(852) appeal the Planning Commission's denial of General Plan amendment
(proposed negative declaration regarding environmental impact) far
property located on the southwest corner of Almquist Drive and Mt. Ida
Road, approximately 1500 feet east of La Mirada Avenue identified as
AP 36-06125, 133 and 135, Oroville.
Harold A. Deal - appeals the Planning Commission's denial of General
Plan amendment from industrial to low density residential (proposed
negative declaration regarding environmental impact} for property
located at the southeast corner of Kusel Road and Lincoln Blvd.
(NO ACTION TAKEN,}
Page 377
December I8, 1984
84-1.013 Report from the Director of Public works on the Solid Waste Management
(865) Plan Update.
Mahon: AUTHORIZED HIRING OF EMCON ASSOCIATES TO PERFORM PLAN UPDATE.
M S
Vote: l Y 2 Y 3 AB 4 Y 5 AB (Motion carried)
84-1014 Report to the Board on legislation to address the inequities in
(878) funding drug abuse services.
Motion: AUTHORIZED LETTER BE SENT TO SENATOR NIELSEN,
M S
Vote: 1 Y 2 Y 3 AS 4 Y 5 AB (Motion carried)
84-1015 Report on study far capital facility needs. (CONTINUED TO JANUARY 8, 1985.}
(898)
84-1016 Ordinance setting compensation for trial jurors at $10.00 as required
(gl9) by state law.
Motion: WAIVE FIRST READING.
S I"I
Vote: 1 2 3 4 5
(FOUR VOTES REQUIRED FOR WAIVING FIRST READING OF AN ORDINANCE.
ORDINANCE READ INTO THE RECORD BY MR. NTCHOLS.)
84-1017 Report and recommendation from the Health Insurance Review Committee
(967( concerning employees' health insurance claims administration.
Motion: REFERRED TO CHIEF ADMINISTRATIVE OFFICER, PERSONNEL DIRECTOR
AND HEALTH INSURANCE CONSULTANT FOR REVIE~+7 AND REPORT.
M S
Vote: l Y 2 Y 3 AB 4 Y 5 AB (Motion carried}
Page 378
December 18, 1984
ADJOURNI~NT: There being nothing further before the Saard at this
time the meeting was adjourned at 12:45 p.m.
!'
v
Ch irman, B rd of Supervisors
ATTEST:
MARTTN J. NYCHOTeS
Chief Administrative
Clez
$x=
Page 379
December 18, 1984
pfficer and