HomeMy WebLinkAboutM060584June 5, 1984
Call to order - Board of Supervisors Room, County Administration Center,
25 County Center Drive, Oroville. Present: Supervisors Fulton, Moseley,
Wheeler and Chairman Saraceni. Del Siemsen, county counsel; Martin N~achols,
chief administrative officer; and Cathy Pitts, assistant clerk to the Board.
Absent: Supervisor Dolan
Pledge of allegiance to-the Flag of the Elnited States of America
Invocation -- Supervisor Moseley
84-447 Additional items from Board members to be addressed at the end of the day. (.15)
1. Amendment to minutes of May 22, 7984 - Martin J. Nichols
2. Withdrawal of Russ Craninger request for c~[ari~fication of requirement
for EIR for rezone in Chico area - Martin J. Nichols
3. Request from County Counsel to seek outside assistance `in analysis of
application before EERC - Martin J. Nichols
4. Itinerary for NACo meeting in Seattle on July 7-1D, 1984 -
5 Supervisor Wheeler
5. Request for continuance far Signal dome Loans,-Inc., Retirement Trust,
appeal of denial of tentative parcel map - Supervisor Saraceni
5. Chico Veterans Memorial Hall maintenance - Supervisor Fulton
SIJPERVISDR DDLAN PRESENT AT THIS TIME
84-448 Items removed from the consent agenda-for separate consideration: (89)
1. Approval of minutes - May 22, 1984.
2. James H. Ripley, et a1,:P.aradise appeal of approval of Praying Monk
Mines and Singing Greek Mine use permit.
Page 84.
June 5, 1984
June 5, 1984
3. Request from State Division of Labor Standards Enforcement for free
use of the Chi ca Veterans Memorial Wal 1.
84-449- Consent'Agenda (92}
1. Budget transfers - action requested - APPROVE BUDGET TRANSFERS
B-248, 8-249, B-250, B-252, B-254, 8-255, B-256, 8-257, 8-258,
B-259, 8-260 AND B-261.
2. Penalty abatement requests - change of ownership reports - action
requested - APPR01lE AND DENY REQUESTS AS SUBMITTED.
3. Determination that a proposed storage reservoir and irrigation area
for the disposal of treated water from a sewage treatment plant for
the Lime Saddle Ridge Estates Pl1D, AP 41-D3-115, is compatible with
the LCA grazing contract for the Casey Ranch, AP 4i-03-46 and with
uses for Agricaltural Preserve #9 - action requested - SET PUBLIC
HEARING FOR JUNE 19, 1984 `AT 70:30 R.M.
4. Barnhart - Brown & Associates - the engineers appeal~Condition No. 3
(requirement for SC-250 prime coat which is a requirement of the RS-7A
road standard) for the Cynthiann tentative subdi.vi-sign, AP 27-07-59,
six parcels, property located approximately one-half mile north of
the intersection of Bohemia Avenue and Cynthiann Lane, Orovi.l7e area -
action requested - SET PUBLIC HEARING DATE FOR JUNE 19, 1984 AT
10:45 R.M.
5. Robert Berndt - proposed negative declaration regarding environmental
impact and rezone from "TM-2D" (-timber mountain - 20 acre parcels}
to "TM-5" (timber mountain - 5 acre parcels} located southwest of
the intersection of Coutolenc Road and Hupp Coutolenc Road, approxi-
mately 1-3/4 mile east of DeSabla, identified as AP 65-D1-20, north
of Magalia - action requested -- SET PUBLIC HEARING FOR JULY 3, 1984
AT 10:00 A. M.
6. Ann Casey - proposed negative declaration regarding environmental
impact and a request for cancellation of a Land Conservation Aet
Contract located on Pentz Road, south of-Lime Saddle Marina, identified
as AP 41-03-46, Paradise area - action requested - SET PUBLIC HEARING
FOR JULY 3, 1984 AT 10:3D R.M.
7. Request by Supervisor Fulton to be excused from June 26, 1984 Board of
Supervisors meeting.- action requeste d - AUTHORIZE ABSENCE.
$, Appointment to the Assessment'Appeals Board - action requested -
REAPPOTNT DOUG DREBERT TO SERVE UNTIL JUNE 1, 1987.
Page 85 .
June 5, 1984
June 5, 1984
9. Appointment to Civil Disaster Council - action requested - APPOINT
BOARD OF SUPERVISORS' VICE-CHAIRMAN LEN'FULTON TO THE CIVIL DISASTER
COUNCIL.
10: Refund a one-day rental fee to Soroptimist International of Paradise
for memorial hall fees - action requested - APPROVE REFUND IN THE
AMOUNT OF $175.
11. Saie price of proposed 1984-85 budget document - action. requested -
ESTABLISH SALE PRICE FOR 1984-85 PROPOSED BUDGET DOCUMENT AT $5.00
EACH, INCLUDING SALES TAX.
12. Noel J. Wi~Ce, Berry Creek - submits claim for an; unspecified amount
as a result of alleged injuries incurred on February`16, 1984 and
subsequently as a result of a dog bite - action requested - DENY
CLATIN AND REFER TO COUNTY COUNSEL AND RISK MANAGEMENT~COORDTNATOR.
l3. F. L. Willis , J r. , attorney - on behalf of .George and Rosemary Rinker ,
submits a $500,000 claim for damages as a result of'the death of
Timothy Rinke r on January 27, 1984 at the Butte County Jaii - action
requested - RESCIND ACTION IN MINUTE ORDER 84-397'DATED MAY 115, 1984
AS A RECALCULATION OF THE.TTME INDICATED THAT TT WAS TIMELY FILED
AND REJECT CLAIM AND REFER TO COUNTY COUNSEL AND RISK MANAGEMENT
COORDINATOR.
14. Martha Davis.:- renewal of variance to Sections 19-10 and/or 19-72
of the Butte County Code for placement of a mobile home on
AP 46-70-4-006, 1299 East Humboldt, Chico. Zoning: "A-2°` -
action requested - APPR011E VARIANCE RENEWAL.
15. Margaret Dietz - renewal of variance to Sections l9--10 and/or 19-12
of the Butte County Cade for placement of a mobile homd on AP 40- 30-64,
2392 Blossom Lane, Durham. Zoning: "A-5" - action requested - APPROVE
VARIANCE RENEWAL..
76. Myra? J. Daffron - renewal of variance to Sections 19-10 and/or 19-12
of the Butte County Code for placement of a mobile home on AP 25-17-48,
715 E. Cox Lane, Orovil1e. Zoning: "A-5" -action-requested - APPROVE
VARIANCE RENEWAL.
l7. Ordinance establishing speed limit on Andover Drive and South Park
Drive to be zoned 25 miles per hour - action requested - WAIVE TWE
SECOND READING AND ADOPT ORDINANCE 2402..
18. Final map - Manning Rcres - AP 40-30-53 and 54, three lots on the
northeast corner of Junes Avenue and Blossom Lane,-Durham area.
These lots front on county roads which exceed the standards for
creation of lots which contain five acres or mere gross area and
therefore no construction is required - action .requested--
Page 86.
June 5, 1984
June 5, 1984
ACCEPT DEPOSIT BY THE DEVELOPER FOR TAXES OR.SPECIAL ASSESSMENTS
WHICH ARE A LIEN BUT NOT YET DUE OR PAYABLE, APPROVE THE FINAL
SUBDIVISION MAP, ACCEPT`EASEMENTS AS `OFFERED FOR DEDICATION TN
THE OWNER'S CERTIFICATE AND'AUTHORIZE THE CHAIRMAN TO SIGN THE
SUBDIVISION AGREEMENT.
19. Final Map - Daisy Subdivision Unit 7'- the developer has provided
cash deposits to guarantee completion of construction and maintenance
far one year an ,the fourteen-lot sub,di'vision,,AP 55-29-48, property
located on both sides of Royal Canyon Drive,:900 feet-south of Country
Club Drive ,. Paradise area - action requested - ACCEPT DEPOSIT BY THE
DEVELOPER FOR TAXES OR SPECIAL ASSESSMENTS WHICH ARE A LIEN BUT NOT
YET DUE OR PAYABLE., APPROVE THE- FINAL MAP, ACCEPT GRANT TN FEE SIMPLE
ROYAL CANYON LANE AND ONE-FOOT NO. ACCESS STRIP ;AND ACCEPT EASEMENTS
ALL AS OFFERED FOR DEDICATION IN THE OWNER'S CERTIFICATE-AND AUTHORIZE
THE CHAIRIMAN TO SIGN A DRAINAGE EASEMENT"-DEED AND THE SUBDIVISION
AGREEMENT.
2D. Final map - Philadelphia Square Phase T - the developer has provided
three irrevocable letters of credit to guarantee construction of
off-site and on-site improvements and .installation of fire hydrants
on the eleven-lot subdivfision,~AP 44-'46-46 and 47 ,. property located
on the east side of Esplanade, 600 feet south of .Eaton Road, Chico
area - action requested - ACCEPT~DEPOSIT BY THE. DEVELOPER FOR TAXES
OR SPECIAL ASSESSMENTS WHICH ARE A LIEN BUT NOT YET DUE OR PAYABLE;
APPROVE THE FINAL MAP.; ACCEPT EASEMENTS AS.DESCRTBED IN ITEMS 1, 2,
3 AND 6 OF THE.: OWNER`S CERTIFICATE.,ON BEHACF.OF THE SPECIFIC AGENCIES
AND PUBLIC UTILITIES TO WHICH THEY ARE OFFERED; ACCEPT ESPLANADE
RIGHT-OF-WAY AND ONE-FOOT'NO ACCESS STRIP AS DESCRIBED IN ITEMS 4
AND 5 OF THE OWNER'S CERTIFICATE IN .FEE SIMPLE; AND AUTHORIZE THE
CHAIRMAN TO STGN THREE SUBDIVISION AGREEMENTS (ONE FOR EACH LETTER
OF CREDIT).
21. County maintained road mileage - in accordance with'.Streets and
Highways Code Sect~on.2121, the county must certify to Caltrans
the current maintained road mileage each year whi eh 'i s l ,377.56
miles - action requested - ADOPT RESOLUTION 84-94 AND AUTHORIZE THE
CHAIRMAN TO STGN.
22. Federal excess vEhicles for volunteer fire program-requested is
acceptance of ownership of: 1970 International.pickup, I.D. #8635;
1975I~ternatianalCO 19506 truck, I.D. #R677; 1968 Dodge F-747 truck
(.single-axle tanker}, I.D. #8683; 1970 International 'F-'1$00 truck
(.tandem-axle tanker, I.D. .#8.713; and 1971 International 7600 2-1/2
ton stakeside truck, I.D. .#R724 - action requested - ACCEPT OWNERSHIP
AT NO COST TO THE COUNTY.
23. Purchase of additional typewriters - District Attorney - authorization
is requested to purchase two additional typewriters utilizing unencumbered
funds from the District Attorney`s fixed asset budget - action requested -
AUTHORIZE PURCHASE OF TYPEWRITERS.
Page 87,
June 5, 7984
June 5,1984
24. Juvenile Hall washing machine - authorization is requested to purchase
a washing machine at a cost of $500 to replace one which is beyond
economic repair. Budget transfer 8~-25~ has been prepared to provide
the necessary appropriation - action requested --.AUTHORIZE ACQUISITION.
25. Report from -the`Chief~Adminstrative Officer'`regarding Sheriff's
administrative captain - action requested -- APPROVE RECOMMENDATION TO
AUTHORIZE RETENTION OF ;A THIRD SHERIFF'S CAPTAIN POSITION.
26. Donald L. Lucas - request for time extension until August 1, 1984 to
pay penalty fees on Land Conservation Act'Agreement cancellation -
action requested - AUTHORIZE EXTENSION AND CERTIFY THE RECALCULATION
OF THE CANCELLATION FEE OF $16,565 TO THE AUDITOR'S OFFICE.
27. Michael G. and Andrea Kay Dawson.- cancellation fees for the Land
Conservation-Act Agreement for AP 41-15-29 and 31 have been re-
calculated and certified~by the Assessor`s Office to be $2,206 -
actian requested - CERTIFY THE CANCELLATION FEE OF" $2,206 TO'~THE
AUDITOR'S OFFICE.
28. Frank G. and Marion C. Bennett'- cancellation fees for-the Land
Conservation Act Agreement have been recalculated and certified by
the Assessor's Office to be $10,234 - action requested -- CERTIFY THE
CANCELLATION FEE OF $10,234 TO THE AUDITOR'S OFFICE.
29. Board of Supervisors/Grand Jury Audit Contract - the contract for
the conduct of the annual audit for fiscal years ending June 30, 1985
and 1985 has been prepared with the certified pu~Tic accountant firm
of Coopers and Lybrand in the amount of .$31,000, including penalty
provisions. The agreement fias been recommended by the Audit Committee
and has been approved by the Grand Jury - action requested - APPROVE
CONTRACT AND AUTHORIZE THE CHAIRMAN TO SIGN.
30. County Service Area loans - a resolution has been prepared appropriating
monies to County Service Areas 18 ($150}, CSA 37 ($10,0OOJ and CSA 22
($2,200). Budget transfers B-254 and B-255 have been~~ prepared to
provide the necessary appropriation - action requested - ADOPT
RESOLUTION 84-95 MAKING LOANS FROM THE COUNTY SERVICE AREA LOAN REVOLVING
FUND AS INDICATED.
31. 1984-85 Proposition 4 appropriations 'limit calculations - aet~ion requested
RCKNOWLEDGE RECEIPT OF THE CALCULATIONS BY THE .AUDITOR FOR 'THE COUNTY OF
BUTTE AND ALL SPECIAL DTSTRTCTS UNDER CONTROL OF .THE BOARD, DIRECT COPIES
BE PROVIDED TO THE COUNTY:LTSRARY, DIRECT THE AUDITOR TO BRING BACK PRIOR
TO JUNE 26 A RESOLUTION FOR ADOPTION OF THE APPROPRIATIONS LIMITS,
TOGETHER WITH ANY COMMENTS RECEIVED.
Page 88.
June 5, 1984
June 5, 1984
32. Drug. Enforcement-Contract - an agreement'.has been developed between
the county .and the U.S. Department~`of Justice,. Drug Enforcement
Administration , to provide . $10,000 `funding ~to perform activities i n
the detection and eradication' of marijuana. .Period of`the grant
from January l through .December 37, 79$4 - action requested - APPROVE
AGREEMENT AND~AUTHORTZE THE CWATRMAN TO SIGN.
33. University of California Extension, Davis -'a training agreement in
the amount of $21,288 has been prepared to provide eligibility staff
training for Welfare Department staff with sessions to be held through-
out Northern California. Budget transfer 6-259 has been prepared to
provide the necessary appropriation - action requested - APPROVE
AGREEMENT AND AUTHORIZE THE CHAIRMAN TO SIGN..
34. Counseling agreement - an agreement has been prepared with-Step II
Psychological Services in the .amount of $80,0OO to provide counseling
service for children for the period October 1, 1983 through~June 30,
1984 - action requested - APPROVE AGREEMENT-AND AUTHORIZE THE CHAIRMAN
TD sIGN.
35. Health Insurance Review Committee Report - the committee submits an
addendum to the annual report modifying Recommendation.~l to._provide
for continued claims payment services through the Butte-Glenn Medical
Foundation -- action requested - ACCEPT RECOMMENDATION 1 AS AMENDED.
36. JTPA FY 85 p.l an modi fi cati on - the state requires a to chni cal modification
to the annual plan separating the.financial agreement from 'the program
agreement which is primarily for bookkeeping purposes - action requested -
APPROVE GRANT MODIFTCATION'AND AUTHORIZE THE CHAIRMAN TO SIGN.
37. JTPA 8~ vocational education proposal - a joint proposal has been
prepared between-the county, Butte College, and Superintendent of
Schools to participate in vocational education training for economically
disadvantaged youth through-the continuation high schools. This proposal
is 5ubje Ct to the state's competitive bid process - action requested -
APPROIIE THE PROPOSAL CONCEPT AND AUTHORIZE THE CHAIRMAN TO SIGN.
38. JTPA Title III displaced workers grant - the state has allocated to
Butte County $125,335 of~Title III funds to assist in.re-training
workers displaced as a result of an industrial layoff. The PIC
recommends these funds remain unp'lanned'for the present - action
requested - CONCUR-WITH THE PTC AND AUTHORIZE LETTER TD BE SENT TO
THE STATE NOTIFYING THAT PLANNING OF THIS GRANT WILL BE HELD IN
ABEYANCE.
39. Communications.
a. Stockton Developmental Center- Doug ~VanMeter, executive director,
writes asking the Board to nominate Mrs. Carol Teal.ander to-the Stockton
Developmental Center Advisory Board - action requested - NOMINATE
CAROL TEALANDER FOR THE STOCKTON DEVELOPMENTAL CENTER ADVISORY BOARD AND
FORWARD TO GOVERNOR DEUKMEJTAN.
Page 89. June 5, 1984
June 5, 1984
b. Family Service Association of Butte and Glenn Counties - requests
$2,500 in re-venue sharing funds to provide one hundred hours of therapy
to low income people seeking help - action requested-'ACCEPT FOR
INFORMATION AND REFER TO CHIEF ADMTNISTRATTVE OFFICER FOR CONSIDERATION
DURING FINAL BUDGET~HEARINGS.
c. Viacom Cablevision - forwards ini=orm ation requesting the. county to
extend the current agreement concurrently with the.new City of Orovil7e
agreement to expire July 1, 2004 - action .requested - REFER TO CHIEF
ADMINISTRATIVE OFFICER FORA REPORT"AND RECOMMENDATION.
d. California State University,. Chico - Wesley Dempsey, PhD., writes
concerning the Butte-Creek Hydro Project and~his opposition to any
project that would disturb the Bureau of Land Management trail down
Butte Creek or affect the vegetation along 'it - action requested -
ACCEPT FOR TNFORMATTON.
e. State Department of Water Resources -"pursuant 'to provisions of the
Water Code certifies the amount requred'for.the cost of operation and
maintenance of Maintenance Area No. 5 (zones I, 2 and 5), Maintenance
Area No. 7 (zones 1, 2 and 3}; Maintenance ARea No. l3 (zones .l, 2 and 3},
and Maintenance Area No. :15 (zones 1, 2 and"3) for 1984-84 fiscal year -
action requested -- ACCEPT FOR TNFORMRTTON AND FORWARD TO AUDITOR/
CONTROLLER.
MOTION: TO APPROVE CONSENT AGENDA WITH DELETIONS AS STATED IN MINUTE
ORDER 84-448
M S
VOTE: 7 Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
Re ular.A~enda
84-450 Items removed from Consent Agenda for Board discussion and action:
1~. Approval of minutes - May 22, 1984 - action requested - APPROVE
MINUTES AS RECOMMENDED FOR AMENDMENT. (.131)
MOTION: TO APPROVE NfINUTE5 AS RECOMMENDED FOR AN7ENDMENT'AND CORRECTION TO
MINUTE ORDER 84-433 ON PAGE 79 LAST FOUR WORDS OF MOTION TO
REFLECT " DO NOT NOW ALLOW MOBILE HOMES."
M 5
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
2. James H. Ripley, et al - Paradise - appeals the Planning Commission`s
approval of the Praying Monk Mines and the Singing-Creek Mine use permit
(proposed negative declaration regarding environmental impact), to allow
mining exploration to permit the use of explosives on property zoned
Page 9~0.
June 5, 1984
June 5 , 1984
"TM-40"-(timber mountain - 40 acre parcels} located on a portion of
Section 3, 70 and 11, T21N, R3E, in the Little Butte Creek Canyon,
northwest of the Town of Paradise, AP 51-03-32, 33, 34, 35 and 36,
Paradise area - action requested - CANCEL HEARING PREVIOUSLY SET
FOR JUNE 12, 1984 AT 1:30 P.M. {SUPERVISOR FULTON PRESENTED LETTER
FOR THE RECORD} (134}
MOTION: MOVE TO' CANCEL THE HEARING SET
S
VOTE : l Y 2 Y 3 Y 4 Y
3. Request from State Division of Lab
use of the Chico Veterans ~9emori al
REQUEST. (157)
FOR JUNE 12, 1984
M
5 Y {Unanimously carried)
~r Standards Enforcement for free
Hall - action requested - DENY
MOTION: TO REFER TO CHICO MEMORIAL HALL COMMITTEE.
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y {Unanimously carried)
84-451 Report to the Board of Supervisors on the status of the LaPorte Road Bridge
at Natchez Creek {Racker5y Bridge) Project. (PUBLIC WORKS DIRECTOR DILL BE
BRTNG`TNG BACK A BUDGET TRANSFER TN THE AMOUNT OF $6,000 TO COVER BUTTE COUNTY'S
SHARE OF ADDITIONAL CHARGES ON THE PROJECT AFTER THE YUBA COUNTY BOARD OF
SUPERVI50RS APPROVES THE NOTICE OF COMPLETION) (1$6}
84-452 Report to the Board on the request
county property along Shasta Union
TAKEN BY THE BOARD ON THE REQUEST)
84-453 Report from Director of Health Ser
{EMS) tri-county grant application
APPLICATION AS SUBMITTED. (331}
of Roxanna M. Tolen regarding access to
Drainage Di s try ct faci'l'ities . ( NO ACTION
{.256}
vices on the Emergency Medical Services
- action requested - APPROVE GRANT
MOTION: TO RPPROVE ACTION AS REQUESTED.
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
84-454 Ordinance to amend Chapter 79 of the Butte County Code relating to sewage
disposal - action requested - WAT11E THE SECOND READING AND ADOPT ORDINANCE.
(CONTINUED TO JUNE 12 1984) (.430)
84-455 Russ Croninger request for clarification of requirement for an envinonmenta1
impact report for rezone on AP 42-45-24, 25, 26, 27 and 28, for property
located on the east side of Cussick Avenue, 40O feet north of East Avenue,
Chico. (WITHDRAWN AT REQUEST OF MR. CRONINGER). {447}
Page 9.1
June 5, 1984
June 5,.19.84
84-456 Request for. revenue-set aside 6.y the Sheriff for purposes of
ti on - action requested --REFER TO BOARD'S BUDGET COMMITTEE
AND COMMUN-TTY DEVELOPMENT. (464
RECESS: 9:20 a.m.
RECONVENE: 9:32 a.m.
jail constr.uc-
ON LAW, JUSTICE
MOTTON: MO}1E FOR THE ADOPTION OF THE RECOMMENDATIONS PURSUANT TO REPORT
OF BOARD JAIL 6TUDY COMMITTEE DATED JUNE 5, 1984
S M
VOTE: 7 Y 2 Y 3 Y 4 Y 5 Y (.Unanimously carried)
84-457 Additional items presented for consideration. (.679)
MOTION: TO AUTHORIZE COUNSEL TO CONTACT APPROPRIATE PARTIES AND BRING
BACK A PRICE ON COMMENTING ON THE DOCUMENT FOR THE APPLICATION
BEFORE FERC ON THE HYDRO PROJECT RT THE FORKS OF BUTTE CREEK
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried).
Closed Hearings
84-458 1. R. F, C. Surveyors , Inc. - on beh.al f of Doe Mi Tl Vineyards , appeals the
Advisory Agency's denial of a tentative parcel map (item for which an
environmental impact report has previously-been certified), AP 46-77-25,
dividing 93.2 acres into four parcels of 20.0 acres, 22.0 acres, 25.2
acres and„26.0 acres each, property located 300 feet south of 4~ilder
Drive, west of Zinfandel Drive, Dae Mill Ridge area.
2. R. F.C.Surveyors, Inca - on behalf of Larry Ludwig, appeals the Advisory
Agency's denial of a tentative parcel map {item on which a negative
declaration of environmental impact has been recommended), AP 51-01-19-3,
three parcels, property located on both sides of Doe Mill Ridge, approxi-
mately $OO feet north of Hummer Road, Doe Mi17 Ridge area.
3. Bachman & Associates, Chico - on behalf of Ms. Phoebe Gi7e, appeal the
Advisory Agency's requirement far an environmental impact report on a
tentative parcel map, AP 47-26-183 and 184, four parcels, property
located approximately 600 feet southeasterly of the intersection of
Highway 99, north Chico area,
{CONTINUED TO JUNE 12, 1984) (.797}
Page 92.
June 5, 1984
June 5, 1984
Public Hearings & Timed Items
84-459 Presentation by Chief Administrative Officer of`propased 1984-85 budget -
action requested - ADOPT RESOLUTION 84-96 APPROVING 1984-85 PROPOSED BUDGET
AND SET FINAL BUDGET HEARING FOR .JULY 31, 1984 AT 10:00 A.M.
MOTION: TO ADOPT ACTION AS 'REQUESTED.
VOTE: l Y 2 Y 3 Y 4 Y 5 Y {Unanimously carried}
..
84-460 Additional items from Board members to 6e addressed at the end of the day. (1216}
MOTION: AUTHORIZE PREPARATION OF BID SPECIFTC,4TIONS AND FIND THE ESTIMATED
$12,500 FOR PAINTING AND PRIMTNG OF CHICO VETERANS MEMORIAL HALL.
S M
VOTE: 1 N 2 Y 3 Y 4 N 5 Y {Carried)
Public Hearings- & Timed Items
84-461 Robert M. Huskey, civil engineer -- an beh.al'f of Michael Pierce and
Francis Costello, appeal the Advisory Agency"s denial~af a revised
tentative parcel map (.item on which a mitigated negative declaration of
environmental impact has been previ ausly eerti fled by 'the Board of Supervisors } ,
AP 28-17-95, dividing 40 acres into four parcels of 7.88 acres, 11.40 acres,
10.77 acres and 10.09 acres, property located on `the southwest corner of
Stoney Oaks Loop and Stoney Oaks Boulevard, Swedes Flat area. (1535}
SUPERVISOR DOLAN ABSENT AT THIS TIME.
MOTION: TWILL NOTE TFIRT`THERE TS A PREVIOUSLY CERTIFIED MITIGATED NEGATIVE
DECLARATION OF ENIIRONMENTAL IMPACT; FIND THAT THE AREA IS ZONED
.FOR THIS TYPE OF RURAL DEVELOPMENT. THE-AREA HAD ADEQUATE FIRE
FACTLTTIES, ROAD CAPACITY AND TS NOT T00 FAR .FROM .COMMERCIAL SERVICES
AND SCHOOLS FOR THE TYPE OF-RURAL DEVELOPMENT-AND :IS A MATTER OF
CHOICE INDIVIDUALS MAKE WFIEN THEY DECIDE WHERE THEY WANT TO LIVE.
THIS PROJECT I5 NOT A SUBDIVISION IN WHICH MORE THAN 20 PARCELS
ARE BEING CREATED ON A CUL-DE-SAC. PROPERTY OWNERS IN THE AREA
ARE WORKING TOWARD TFIE CREATION OF A DISTRICT TO IMPROVE THE COUNTY
ROAD. THERE HAS BEEN NO SUBSTANTTATTNG DATA FROM THE DEPARTMENT OF
FISH AND GAME THAT THESE 'FOUR PARCELS WILL HAVE A SUBSTANTIAL
ENVIRONMENTAL IMPACT ON-DEER HERDS. I FIND THAT THE PROJECT
CONFORMS TO THE GENERAL'PL:AN`AND UPHOLD THE APPEAL OF THE ADVISORY
AGENCY'S DENIAL OF A REVISED TENTATIVE PARCEL MRP FOR MICHAEL PIERCE
AND FRANCIS COSTELLO ON ,4P 28-17-~95, DIVIDING 40 ACRES INTO FOUR
PARCELS OF 7.88 ACRES, 1O.09 ACRES, ~1O.77 ACRES AND 71.40 ACRES,
WITH- PIJBLTC WORKS CON DITTONS T-l0 AND .ENVIRONMENTAL HEALTH CONDITIONS
11 AND l2 ON MEi~ DATED JUNE" l , 7 984.
Page 93..
June 5, 1984
June 5, 1984
M S
VOTE: l Y 2 A 3 Y' 4 Y 5 N (,Carried}_.
SUPERVISOR DOLAN PRESENT AT THIS TIME.
RECESS: 10:T5 a.m.
RECONVENE: 10:27 a.m.
84-452 Robert Huskey - on behalf of Sir3nal Home Loans, Inc.:., Retirement Trust -
appeals the Advisory-Agen.cy's denial of a tentative .parcel map (.item on
which a negative declaration of environmental impact has been recommended),
AP 30-08-44,-two parcels, property located on the southwest corner of
Poplar Avenue and Sweem Street, Thermalito area. (`1745.) (CONTINUED OFF
AGENDA, TO BE RE-PUBLISHED IdHEN NIATTER'IS BROUGHT BACK llP ON THE AGENDA)
84-463 Mark McClintock - proposed negative declaration regarding environmental
impact and rezone from 'A-40': (agricultural - 40 acre parcel-s) to "A-15"
{agricultural - 75 acre parcels} located approximately -1200 feet west of
State Highway 99, on the south side of Anita Road, identified as a portion
of AP 47-73-1:23, Chico. {1809}
MOTION: FIND TWAT THE REQUIREMENTS OF CEQR HAVE BEEN COMPLETED AND CONSIDERED
IN MAKTNG THIS DECISION ,4ND ADOPT A NEGATIVE DECLARAT-TON; FIND THE
PROPOSED PROJECT CONFORMS TO THE BUTTE COUNTY GENERAL PLAN; AND
ADOPT ORDINANCE 2403 REZONING FROM "A-40" to "A-l5" PROPERTY
LOCATED ON A PORTION OF AP 47-13-723.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried}
84-464 Butte County Board of Supervisors - (.item determined to be categorically
exempt from environmental review} - amendment'to-Bute County Code
Section 24.21.28b to change the definition of a recreational vehicle
park. (1905}
MOTION: APPROVE'-THE CODE AMENDMENT NOTING THIS PROJECT I5 CATEGORICALLY
EXEMPT FROM ENVIRONMENTAL REVTEW-AND ADOPT ORDTNANCE 2404.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y {Unanimously carried)
RECESS: 10:32 a. m.
RECONVENE: 10:48 a.m.
SUPERVISOR WHEELER ABSENT AT THIS TIME
Page 94.
June 5, 1984
June 5, 1984
84-465 Butte County Board of Supervisors - item determined to be categorically
.exempt from environmental rev~`ew) - amendment 'to the .Butte County. Code to
add Section 24-304 to a11ow temporary mobile home as a second dwelling..{1974)
SUPERVISOR WHEELER PRESENT AT THIS TIME
MOTION: ADOPT ORDINANCE 2405 AS WAS PROPOSED LEAVING TN THE WORDS, "CLOSE
FRIENDS" NOTING THAT~THTS PROJECT IS CATEGORICALLY EXEMPT FROM
ENVIRONMENTAL REVIEW.
-M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y {Unanimously carried)
NATION: FOR THE PROJECTS THAT HAVE BEEN HELD TN ABEYANCE PENDTNG~.THE
ABOVE CHANGE, THAT FEES EITHER BE REFUNDED OR TRANSFERRED TO
APPLY TOWARD-THE USE PERMIT COSTS.
M 5
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
84-465 Recognition of persons wishing to speak. (2539)
1. Michael Pierce, Swedes Flat Road. Mr. Pierce spoke regarding the
Deer Herd Committee. He also supported the hearing on Terry Greerty.
2. Robert Miller, Bean Creek Road. Mr. Miller spoke regarding the
** problems obtaining a building permit because he-had no public road
access to his property. (*00)
RECESS: 11:17 a.m.
RECONVENE: 1:35 p.m..
SUPERVISOR DOLAN ABSENT AT THIS TIME
84-457 Continued hearing - GDA Engineering - vn behalf of Terry Greerty, appeals
the Advisory Agency's requirement for an environemtnal impact report for
a tentative parcel map, AP 2$-17-07 and AP 72-39-03, 20 parcels, property
located north of the intersection of Hurleton Swedes Flat Road and Swedes
Flat Road, Swedes Flat area, {94)
SUPERVISOR DOLAN PRESENT AT THIS TIME
MOTION: 'T FIND THAT THE INFORMATION AVAILABLE TN THOSE DOCUMENTS IS
SUFFTCTENT TO BE USED SO THAT ANEW EIR WILL NOT BE REQUIRED
FOR--THE CREATION OF 20 ADDITIONAL PARCELS OF 20 ACRES EACH.
THE STATE TS IN THE PROCESS OF DOING A STATEWIDE STUDY ON
THE DECLINE OF ALL DEER HERDS WITHIN THE STATE. IT WAS STATED
IN THE NEWS THAT THE STATE FISH AND GAME~DEPARTMENT DOES NOT
KNOW WHY THERE TS A STATEWIDE DECLINE IN DEER POPULATION, BUT
IT COULD BE DISEASE, TWO CONSECUTIVE WET WINTERS, LACK OF
Page 9.5.
June 5, 1984
June 5, 1984
VEGETATION ]'~ANADEMENT, NATURAL E}IOLUTIQN OR SOME OTHER REASON.
TT IS THE STATE'S RESPONSTBILTTY TO MANAGE THE DEER HERDS AND
THEY HAVE BEGUN TF{AT PROCESS BY BEGINNING THEIR STUDY THAT SHOULD
SUPPLY ADDITIONAL INFORMATION AS. TO WHAT THE STATE'INTENDS TO DO
TN THE FUTURE THAT WILL NOT TAKE PR'I'VATE PROPERTY RIGHTS AWAY BY
IGNORING THE ZONING THAT. PROPERTY OWNERS HAVE E{AD FOR YEARS. THE
REPORT OF THE BUTTE COUNTY DEER-HERD STUDY PANEL DOES NOT GIVE
ANY NEW INFORMATION THAT SHOWS,THIS AREA IS BEING SIGNIFICANTLY
U5ED FOR MIGRATION OF DEER OR THAT~THIS AREA HAS SIGNIFICANT WINTER
FEED AVAILABLE~AT THIS LOWER LEVEL OF THE WINTER RANGE AREA TO
CAUSE A SUBSTANTIAL ENVIRONMENTAL IN7PACT ON THE DEER HERD. AT
THIS POINT, THE STUDY PANEL OFFERS NO. NEW ACCEPTABLE MITIGATION
MEASURES. I MOVE TO UPF{OLD THE APPEAL OF THE ADVISORY AGENCY'S
REQUIREMENT FOR AN EIR FOR A TENTATIVE PARCEL MAP FOR TERRY
GREERTY ON AP 28-1'7-07 AND~72-39-03 TN THE SWEDES FLAT AREA.
MOTION AMENDED: TO INCLUDE THE 1,~7~5 AND 1.98Q EIRS.
M S
VOTE: 1 Y 2 N 3 Y 4 Y 5 N (Carried}
RECESS: 1:47 p.m.
RECONVENE:- 2:33 p.m.
SUPERVISORS DOLAN AND SARACENI ABSENT AT THIS TIME
SUPERVISOR SARACENI PRESENT AT THIS TIME
SUPERVISOR DOLAN PRESENT AT THIS TIME
84-468 Continued hearing - Clay E. Gunn
environmental impact, development
(agricultural - 160 acre parcels}.
property located on the southeast
Road, identified as a portion of
north of Orovi 1 ie {.451 }
proposed negative declaration regarding
agreement-and rezone from "A-160"
to " C- C" (_communi ty commercial } , on
corner of Clark Road and Durham-Pentz
~P 41-12-76,~approximately ten miles
MOTION: FIND THE REQUIREMENTS OF CEQA HAVE-BEEN COMPLETED AND CONSIDERED
IN MAKING THIS DECISION `AND ADOPT A MITIGATED NEGATIVE DECLARATION;
FIND THE PROJECT MEETS THE REQUIREMENTS OF THE GENERAL PLAN LAND
USE ELEMENT PAGE 53,`AND SECTION 24-35 OF THE BUTTE COUNTY CODE;
ADOPT ORDINANCE 2405 APPROVING THE REZONE FROM "A--160" TO "C-C"
{.COMMUNITY COMMERCIAL} AND ADOPT RESOLUTION 84-97 APPROVING THE
DEVELOPMENT AGREEMENT FOR AP 41-Y2-76 FOR CLAY E.~GUNN SUBJECT
TO THE MITIGATION MEASURES 1-8 SET=FORTH ON PLANNING DEPARTMENT
MEMO DATED MAY 9, 1984-,ADDING CONDITION 9, " APPLICANT TO PRY A
PRO-RATA SHARE TOWARD FUTURE INSTAELATION OF A FLASHING YELLOW
LIGHT AT THE INTERSECTION:OF FIIGHWAY 191 `AND ~PENTZ."
M S
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y {Unanimously carried}.
Page 96.
June 5, 1984
June 5, 7984
RECESS: 2:42 p.m.
RECONVENE: 3:02 p. m.
SUPERVISOR DOLAN ABSENT AT THIS TIME
84-469 Report from Well Construction Standards Committee - proposed amendment
to Chapter 236 of the Butte County Code regarding water wells (716)(***OOO)
*** (CONTINUED TO JUNE 19, 19$4 AS CLOSED HEARING ON THE REGULAR AGENDA)
84-470 Additional items from Board members to be addressed at the end of the day.
7. Letter f rom Sutherland Landscape & Maintenance Inc. regarding the
site improvement conditions for issuance of a building permit -
Supervisor Wheeler. (REFERRED TO PUBLIC WORKS FOR REPORT BACK)
2. Request to allow trip to Seattle for NACO conference from July 7-10, 1984 -
Supervisor Wheeler.
MOTION: TO ALLOW SUPERVISOR WHEELER TO GO TO SEATTLE FOR THE NACO CONFERENCE
AT A C05T OF APPROXIMATELY X500.
S M
]TOTE: 7 N 2 A 3 Y 4 N 5 Y (Motion failed)
3. Resolution in appreciation of retiring CHP Officer Brian D. McGie.
MOTION: ADOPT RESOLUTION 84--98 IN APPRECIATION OF BRIAN D. MC GIE, RETIRING
CHP OFFICER.
M S
VOTE: 1 Y 2 A 3 Y 4 Y 5 Y (Carried)
ADJOURNMENT; There being nothing further before the Board at this time, the
meeting was adjourned at 4:34 p,m. to reconvene on Tuesday, June 12, 1984 at
9:00 a.m.
G~ _ _~ _
Chairman, Board of Supervisors
ATTEST
MARTIN J. NICHOLS, Chief Administrative
Officer and Cler~C of the Board
By ~o~rur-r~-~~~~ -~r~.'
Page 97.
June ~, 1984