HomeMy WebLinkAboutM061284June 12, 1984
Call to order -- Board of Supervisors Room, County Administration
Building, 25 County Center Drive, Oroville.
84-471
Present: Supervisors Fulton, Moseley, Wheeler and Chairman Saraceni;
Martin J. Nichols, chief administrative officer; Del Siemsen, county
counsel; and Rubye Townsley, deputy clerk of the Board.
Absent: Supervisor Dolan
Pledge of allegiance to the Flag of the United States of America.
Invocation - Supervisor Moseley
Additional items from Board members to be addressed at the end of the
day:
1. Supervisor Wheeler would like to talk about the NACO Conference.
2, Supervisor Wheeler would like to submit donations from the
Cohasset PTA for a pipe installed at the school.
3. Supervisor Wheeler has some Chamber announcements to make later.
4. Supervisor Wheeler would like .'thank you' letter to be sent to
Eleanor Becker and her staff.
MO'T'ION: EXTEND LETTER DF THANK YOU TO ELEANOR BECKER, COUNTY CLERK,
HER STAFF, THE PEOPLE AT DATA PROCESSING,:ANU ALL OF THOSE
PRECINCT WORKERS IN THE COUNTY WHO DID SUCH A FINE J'OB ON
ELECTION NIGHT FOR THIS COUNTY.
M S
VOTE: l Y 2 AB 3 Y 4 Y 5 Y (Motion carried)
Page 98
June 12, 1984
June 12, 1984
84-471 5. Chairman Saraceni would like to report on Northern California
(Cont'd) Supervisors Association meeting and discussion of a representative
from the county to attend NACO meeting on the issue of federal
timber.
6. Martin Nichols, chief administrative officer, would like to
discuss three items: (1) Engineering Services for hydra facility;
(2) Jail funding problems; and, (3) State budget matter.
Consent Agenda
84--472 1. Approval of minutes - June 5, 1984. Action requested: APPROVE
(70) MINUTES AS RECOMMENDED FOR AMENDMENT. {AMEND MINUTE ORDER 84-468
RESCINDING RESOLUTION 84-97 AND WAIVING THE FIRST READING OF AN
ORDINANCE APPROVING THE DEVELOPMENT AGREEMENT FOR CLAY E. GUNN
PROPERTY.)
2. Budget transfers. Action requested: APPROVE BUDGET TRANSFERS
B-263, B-267 AND B-269.
3. Steven Earl Rainey - appeal of the Subdivision Violation Committee's
Condition Na. 1 (verify legal access to the property from a county
maintained road or state ha:ghway) and Condition No. 2 (verify
traversable access to the property from a publicly maintained road)
on application for determination regarding compliance with Chapter 20
of the Butte County Code for Subdivision Map Act for AP 47-28-31,
one parcel, property located 1,200 feet west of Cahasset Road and
Grunman Avenue intersection, north of the Chico Airport, Chico area.
Action requested: SET PUBLIC HEARING DATE FOR JULY 3, 1984, AT
10:15 A.M.
4. Thomas Reed, et al - appeal of requirement for an environmental
impact report for a General Plan Amendment from agricultural-residential
to industrial and a rezone from SR-3 to M-1 on property located on
the east side of Cohasset Road along Thorntree Raad, three miles
north of Chico, AP 48-01-17, 20, 21, 22, 23 {pins). Action requested:
SET PUBLIC HEARING DATE FOR JULY 3, 1984, AT 10:45 A.M.
5. Appointment to the Paradise Memorial Hall Committee. Action
requested: APPOINT ALBERT WALKER, VETERANS OF WORLD WAR I, TO
SERVE UNTIL NOVEMBER 29, 1984.
6. Appointment to Wyandotte Cemetery District. Action requested:
APPOINT MILES.MALLETTE TO SERVE UNTIL MAY, 1988.
Page 99
June 12, 1984
June 12, 1984
84-472 7, Appointment to Drainage District No. 200. Action requested:
(Cont'd) APPOINT ROBERT F. MORGAN TO SERVE UNTIL NOVEMBER 29, 1985.
8. Ordinance approving development agreement for Clay E. Gunn on pro-
perty located on the southeast corner of Clark Road and Durham-Pentz
Road, identified as a portion of AP 41-12-76, property located
approximately ten miles north of Oroville. Action requested:
WAIVE THE SECOND READING AND ADOPT ORDINANCE 2407.
9. Ordinance establishing speed limit ~- Public Works has completed
a traffic study on Entler Avenue and recommends it be speed zoned
for 35 mph. Action requested: WAIVE THE FTRST READING OF THE
ORDINANCE.
10~, Resolution of summary abandonment - portion of Skyway @ Magalia -
a portion of the old road prescriptive right-of-way which was used
by the county far road purposes is no longer required. Action
requested: ADOPT RESOLUTION 84-99 AND AUTHORIZE CHAIRMAN TO SIGN.
11.. Final map - Rosewood Subdivision - The developer has provided
performance, labor, and materials and maintenance bonds to guarantee
construction of improvements and maintenance of facilities for a period
of one year an the nine-lot subdivision, AP 42-03--58 and S9, property
located on the westerly side of Cussick Avenue, 330 feet north of
Lassen Avenue. Action requested: ACCEPT DEPOSIT BY DEVELOPER FOR
TAXES OR SPECIAL ASSESSMENTS WkfICH ARE A LIEN BUT NOT YET DUE OR
PAYABLE; APPROVE FINAL MAP; ACCEPT EASEMENTS AS GRANTED IN ITEMS A,
B AND C OF THE OWNER' S CER'T'IFICATE ON BEHALF OF 'T'HE PUBLIC; AND
AUTHORIZE THE CHAIRMAN TO SIGN THE SUBDIVISION AGREEMENT.
12. Lee Scofield - submits claim in the amount of $1,000,000 as a
result of alleged civil rights violations occurring on or about
March, 1983, and thereafter. Action requested: DENX CLAIM AND
REFER TO COUNTY COUNSEL AND RISK MANAGEMENT COORDINATOR.
I3. Karber, Miner, and Harvey, attorneys at law - on behalf of
Lawrence Van Riley submit claim in the amount of $25,000 as a
result of alleged injuries sustained. on February 26, 1984, in
Oraville involving the Sheriff's Department. Action requested:
DENY CLAIM AND REFER TO COUNTY COUNSEL AND RISK MANAGEMEN'T'
COORDINATOR.
i4. Cancellation of July 10, 1984, Board of Supervisors meeting.
Action requested: AUTHORIZE CANCELLATION OF MEETING.
Page 100
June 12, 1984
June 12, 1984
84-472 15. Relief from accountability - Oroville Justice Court - in accordance
(Cont'd) with provisions of Government Code Section 29390 and Board
Resolution 75-177 a request for relief from accountability in
the amount of $75.00 cash shortage occurring on May 15, 1984,
has been requested. Action requested: APPROVE RELIEF FROM CASH
SHORTAGE AND CHARGE THE LOSS AGAINST THE GENERAL FUND.
16. Sheriff - replacement of vehicle - request has been made to replace
a vehicle which has been damaged beyond economic repair at a cost
of $7,000. Budget transfer B-269 has been prepared to provide
the appropriation. Action requested: AUTHORIZE PURCHASE OF
REPLACEMENT VEHICLE.
17. Distribution of excess tax proceeds from the sale of AP 051--23-0-044-0
in accordance with Revenue and Taxation Code Section 4675. Action
requested: RESCIND DISTRIBUTION OF EXCESS PROCEEDS APPROVED ON
APRIL 17, 1984, (MINUTE ORDER 84-314) IN THE AMOUNT OF $11,604.02
AND APFROVE DISTRIBUTION TO SOUTHERN ADJUSTMENT BUREAU, INC., FOR
FOR FERDINAND F. FEDERLIN (50$) IN THE AMOUNT OF $5,802.01 AND
JULIE SHULAR (25g) IN THE AMOLJN'T OF $2,901.01.
18. Distribution of excess tax proceeds from the sale of AP 062-38-0-036-0
in accordance with Revenue and Taxation Code Section 4675 to Ramesh
Khanna in the amount of $10,608.97. Action requested: AUTHORIZE
THE AUDITOR TO DISTRIBUTE EXCESS PROCEEDS AS RECOMMENDED.
19. Distribution of excess tax proceeds from the sale of AP 062-53-0-007-0
in accordance with Revenue and Taxation Code Section 4675 to
Julie Shular in the amount of $909.69. Action requested: AUTHORIZE
THE AUDITOR TO DISTRIBUTE EXCESS PROCEEDS AS RECOMMENDED.
20. Distribution of excess tax proceeds from the sale of AP 071-25-0-029-0
in accordance with Revenue and Taxation Code Section 4675 to Julie
Shular in the amount of $1,138.26. Action requested: AUTHORIZE
THE AUDITOR TO DISTRIBUTE EXCESS PROCEEDS AS RECOMMENDED.
21. Program Supplement No. 31 - Midway Bridge @ Ash CreeEc, Bridge
Replacement Project No. ERRS-Y761(3) - a resolution has been
prepared covering funding on the project as follows: federal,
$268,000 and county matching, $67,000; total, $335,000. Action
requested: ADOPT RESOLUTION 84-100 AND AUTHORIZE THE CHAIRMAN TO SIGN.
22. Award of bid - flashing beacon installation at the intersection
of Esplanade and Nord Avenue, Project No. 56191-84-1. Action
requested: AWARD CONTRACT TO M & M ELECTRIC COMPANY FOR THE LOW
BID IN THE AMOUNT OF $9,969.
Page 101
June 12, 1984
June 12, 1984
84-472 23. Lease agreement -- 3300 Spencer Avenue, Oroville - an agreement
(Cont'd) has been prepared between Community Action Agency, Inc., and
County of Butte in the amount of $350 covering the eight-month
period from May 1 through December 31, 1984. Action requested:
APPROVE THE LEASE AGREEMENT AND AUTHORIZE THE CHAIRMAN TO SIGN.
24. Chico Clipper Amendment to Agreement No. 6 - provides for continu-
ation of the Clipper service through June 30, 1985, at a cost to
Butte County of $135,255 with funding as follows: Transportation
Development Act (SB 325), $108,430 and fares, $26,794. Action
requested: APPROVE AMENDMENT TO AGREEMENT AND AUTHORIZE THE
CHAIRMAN TO SIGN.
25. Viacom Cablevision - renewal agreement fro CATV services in the
Oroville unincorporated area through July 1, 2004. Action
requested: SET PUBLIC HEARING FOR JULY 17, 1984, AT 10:00 A.M.
26. Communications.
a. Blake & Associates - Marcia Blake writes thanking the Board
for its efforts in bringing about a practical, cost-effective
and attractive display for the State Capitol. Action requested:
ACCEPT FOR INFORMATION.
b. Butte County Special Districts Association ~- requests that an
early meeting be called to discuss distribution of Special District
augmentation funds. Action requested: REFER TO CHIEF ADMINISTRATIVE
OFFICE FOR PURPOSES OF CALLING MEETING.
c, Ghico Unified School District - Robert Ross, president, requests
clarification of the Board's letter regarding development fees.
Action requested: ACKNOWLEDGE RECEIPT OF LETTER AND REFER TO CHIEF
ADMINISTRATIVE OFFICER FOR REPORT.
Motion: APPROVE CONSENT AGENDA
M
Vote: l Y 2 AB 3 Y 4 Y
Page 102
5
5 X (Motion carried)
June 12, 1984
June 12, 1984
Regular Agenda
84-473
{83)
84-474
(191}
84-475
(265)
Report to Board of Supervisors on bid opening - Upper Palermo Road,
Project No. 18503-83-I - Budget Transfer B-267 bas also been prepared
to provide the necessary appropriation.
Motion: AWARD SID TO ROBINSON CONSTRUCTION COMPANY, AS REQUESTED.
S M
Vote: ]. Y 2 AB 3 Y 4 Y 5 Y. (Motion carried}
(BUDGET TRANSFER F3-267 WAS APPROVED IN THE CONSENT AGENDA)
(SUPERVISOR DOLAN PRESENT AT THIS TIME)
Reconsideration of request to provide funding and participation in
the CSAC Water Task Force. (Supervisor Wheeler)
Motion: TO APPROVE FUNDING OF $363 FOR BUTTE COUNTY'S PORTION OF
REPRESENTATION IN THE NORTHERN SUPERVISORS CONTINGENT.
S M
Vote: 1 2 3 4 5
(DISCUSSION HELD.)
S M
Vote: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
Discussion of policy issues relating to acceptance of two grant
programs: Community Crime Prevention Grant and Student Drug Abuse
Suppression Program Grant.
Motion: APPROVE AND ACCEPT THE TWO GRANT PROGRAMS; APPROVE TRANSFER OF
$9,990 FRONT THE RESERVES FOR THE DRUG SUPPRESSION PROGRAM;
SHERIFF'S DEPARTMENT TO ACTIVELY PURSUE COMMUNITY PARTICIPATION
TN THE PROGRAMS AND TO SEEK THE FUNDING FOR THOSE POSITIONS
FROM NON-GENERAL FUND MONIES IN 'T'HE FUTURE; SHERIFF'S DEPART-
MENT TO WORK WITH ADMINISTRATION TO KEEP US AWARE OF HOW
THE PROGRAM IS PROCEEDING.
M S
Vote: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
Page 103
June 12, 1984
June 12, 1984
84-476 Ordinance to amend Chapter 19 of the Butte County Code relating to
(792') sewage disgasal. (BOARD TS REQUESTED TO WAIVE FIRST READING OF
MODIFIED ORDINANCE)
Motion: WAIVE FIRST READING OF THE AMENDED ORDINANCE.
M S
Vote: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
84-477 Additional items to be discussed.
(866 )
1. Mr. Nichols reported that County Counsel had recommended contracting
with Mr. Dick Harlan to provide technical, engineering consulting
services on the hydro project on Butte Creek.
Motion: AUTHORIZE COUNTY COUNSEL TO CONTRACT WITH MR. DICK HARLAN TO
PROVIDE TECHNICAL. ENGINEERING CONSULTING SERVICES ON THE
HYDRO PROJECT ON BUTTE CREEK, FOR $1,000.
S M
Vote: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
2. Mr. Nichols reported on jail funding praE~lems regarding
Proposition 2 and Proposition 16.
Motion: SUPPORT THE ALLOCATION OF PROPOSITION 2_MONTES AS RECOMMENDED
BY THE STATE BOARD OF CORRECTIONS; ALLOCATION OF MONIES MADE
AVAILABLE BY PROPOSITION 15 SHOULD BE ALLOCATED TkIROUGH A NEW
NEEDS ASSESSMENT PROCESS SIMILAR IN CONCEPT AND EXECUTION TO
THAT USED BY THE BOARD OF CORRECTIONS UNDER PROPOSITION Z;
ADVISE 'T'HE STATE LEGISLATURE AND THE GOVERNOR THAT THERE
REMAINS SUBSTANTIAL UNMET NEEDS FOR COUNTY JAIL FUNDING TN
EXCESS OF THE MONIES MADE AVAILABLE BY THE PEOPLE IN TWO
BALLOT PROPOSITIONS.
S
Vote: l Y 2 ~' 3 Y 4 Y
Page 104
M
5 Y (Unanimously carried)
June 12, 1984
June 12, 1984
3. Mr. Nichols informed the Board that a portion of SB 1379 says that
if counties do not fully meet all their health care obligations
then they are responsible for the bad debts in emergency rooms
of all hospitals in the county. The total cost to the county is .:.
estimated at between $3 and $4 million.
Motion: STRONGLY OPPOSE SUCH WORDING AND AUTHORIZE CHAIRMAN TO SEND
A LETTER TO MEMBERS OF THE CONFERENCE COMMITTEE AS WELL AS
OUR OWN LEGISLATORS THAT WE DO NOT LIKE THIS IDEA.
M S
Vote: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
Closed Hearings
84-478 R.F.C. Surveyors, Tnc. - an behalf of Doe Mill Vineyards, appeals the
(1310) Advisory Agency's denial of a tentative parcel map (item for which an
environmental 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 6/5/84) (CONTINUED TO LATER TN THE DAY)
84-479 R.F.C. Surveyors, Inc. - on behalf of Larry Ludwig, appeals the Advisory
{1310) Agency's denial of a tentative parcel map (stem on which a negative
declaration of environmental impact has been recommended), AP 51-01-143,
three parcels, property located on bath sides of Doe Mill Ridge,
approximately 800 feet north of Hummer Road, Doe Mill Ridge area.
(From 6/5/84) {CONTINUED TO LATER IN THE DAY}
84-480 Bachman & Associates, Chico -- on behalf of Ms. Phoebe Gi1e, appeal
(1340) the Advisory Agency's requirement for 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 and Keefer Road, on the east side of Highway 99, north
Chico area. {from 6/5/84) (MATTER APPARENTLY RESOLVED - CONTINUED
TO JUNE 19, 1984)
84-481 Additional items from Board members:
(1391)
1. Supervisor Saraceni reported on a recent meeting of the Northern
California Supervisors Association in which they urged that each
county send a voting member to a NACo meeting in Seattle for the
purpose of a policy change in federal guidelines on timber.
Page 105
June 12, 1984
June l2, 1984
84~-481 Mpta.on: AUTHORIZE SUPERVISOR WHEELER TO ATTIIdD.
(Cont'd)
M S
Vote: 1 Y 2 Y 3 Y ~# Y 5 Y (Unanimously carried)
2. Supervisor Wheeler presented the Board with four checks totalling
$100 from the Cohasset P.T.A. as a donation toward a culvert which
was installed at the school by the Public Works Department.
Motion: ACCEPT DONATION AND DIRECT LETTER TO THE P.T,A. THANKING THEM
FOR THEIR PARTICIPATION.
M S
Vote: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
3. Chairman Saraceni read into the record a letter from Gertrude
Gilbert thanking the Berard for the Certificate of Appreciation
given to her on the event of her 40th birthday.
RECESS: 9:52 A.M.
RECONVENE: 10:07 A.M.
Public Hearings and Timed Items
84-482 NorthStar Engineering, on behalf of Richard Ramsey, appeal the denial
(1627) of a use permit (item on which a negative declaration of environmental
impact has been recommended) to allow homesite segregation on property
zoned A-5, located on the southwest side of Bell Road and Nard Avenue,
identified as AP 42-05-67, Chico,
Motion: Deny appeal,
M S
Vote: 1 N 2 Y 3 N 4 N 5 Y (Motion failed)
Motion: FIND THAT THE REQUIREMEN'T'S OF CEQA HAVE BEEN COMPLETED AND
CONSIDERED IN MAKING THIS DECISION AND ADOPT A NEGATIVE
DECLARATION REGARDING ENVIRONMENTAL IMPACT; FIND THAT THE
PROJECT MEETS REQUIREMENTS OF CODE SECTION 24-47, WHICH STATES
THAT THE PROPOSED USE DF THE PROPERTY WILL NOT IMPAIR THE
INTEGRITY AND CHARACTER OF THE ZONE IN WHICH THE LAND LIES
AND THAT THE USE WOULD NOT SE UNREASONABLY INCOMPATIBLE WITH,
OR INJURIOUS T0, SURROUNDING PROPERTIES OR DETRIMENTAL TO
THE HEALTH AND GENERAL WELFARE OF THE PERSONS RESIDING OR
Page 106
June 12, 1984
June 12. 1984
84-4$2 WORKING IN THE NEIGHBORHOOD OR TO THE GENERAL HEALTH, WELFARE
(Cont'd) AND SAFETY OF THE COUNTY; AND CODE SECTION 24-54 (a) (3)
WITH REGARD TO THE JUSTIFICATION OR THE NECESSITY OF THE
PROPOSED. SEGREGATION; AND APPROVE THE PROPOSED SEGREGATION
OF A PARCEL FOR USE AS A HOMESTTE ON AP 42-05-67, RAMSEY,
SUBJECT TO THE FOLLOWING CONDITIONS: PARCEL SHALL SE CREATED
PURSUANT TO THE REQUIREMENT OF THE STATE SUBDIVISION MAP
ACT, SUBDIVISION ORDINANCE LEACH FIELD AREA REQUIREMENTS
AND CHAPTER 20 OF THE BUTTE COUNTY CODE. AND I WOULD FURTkIER
NOTICE FOR THE RECORD THE PROJECT IS LOCATED WITHIN TfiE SELL
MUIR STUDY AREA. THERE IS A STRONG POSSIBILITY THAT THIS AREA
WILL BE INCLUDED INTO THE URBAN SIDE OF THE CHTCO AREA
GREENLINE WITHIN THE NEXT TEN YEARS, GIVING THE PROJECT
SITE THE POTENTIAL FOR FURTHER DEVELOPMENT.
M S
Vote: l Y 2 N 3 Y 4 Y 5 N (Motion carried)
84-483 Barnhart-Brown and Associates, an behalf of Mrs. Laura Rivers _ appeal
(1937) a portion of Condition No, l which deals with interior sidewalEss on
Laura's Acres tentative subdivision map (item on which a mitigated
negative declaration of environmental impact. has been adopted),
AP 36-54-12, 108 lots plus remainder, located on the north side of
Mt. Ida Road, north of the intersection of Mt. Tda Road and Oro-Bangor
Highway, Oroville area. (COUNSEL ADVISED THE BOARD THAT THERE IS NO
LEGAL PROCEDURE FOR HAVING THE HEARIidG~AS-,NOW SET AND THAT THE ONLY
LEGAL PROCEDURE FOR CONSIDERING THE MATTER IS FOR THE APPLICANT TO
PURSUE THE REQUESTED RELIEF, WITH REGARD TO A PORTION OF CONDITION.
NO. 1, AFTER THE MAP HAS BEEN RECORDED.)
Motion: VACATE HEARING.
S M
Vote: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
84-484 Ron Graves & Associates, on behalf of Mariana Investments, Inc. --
(2087) appeal of the Advisory Agency's denial of a two-parcel land division
on property identified as AP 68-03-04, approximately 500 feet north-
westerly of the intersection of Putman Drive and Plumas Drive, on the
west side of Plumas Drive, Oraville.
Motion: FIND THAT THE PROPOSED PROJECT COULD NOT HAVE A SIGNIFICANT
EFFECT pN TkIE ENVIRONMENT AND ADAPT A NEGATIVE DECLARATION.
AS PER THE INFORMA'T'ION SUBMITTED BY MR. VANHART, DIREC'T'OR
OF ENVIRONMENTAL HEALTH, THERE TS NO~HEALTH OR SAFETY PROBLEM
Page 107
June l2, 1984
June 12, 1984
84-484 IN GRANTING AN EXCEPTION TO THE AREA REQUIREMENTS FOR SEWAGE
{Cont'd) DISPOSAL ON THE PROJECT; FIND THAT THE PROJECT CONFORMS TO
THE GENERAL PLAN AND ZONING, AND UPHOLD THE APPEAL OF MARIANA
INVESTMENTS TO CREATE TWO PARCELS, AP 68-Q3-04, WITH PUBLIC
WORKS CONDITIONS l THROUGH 8 AS LISTED ON MEMO DATED JUNE 7,
AND ENVIRONMENTAL HEALTH CONDITIONS A5 LISTED ON MEMO DATED
JUNE 8. THERE ARE SPECIAL CIRCUMSTANCES OR CONDITIONS OF
TOPOGRAPHY OR SIZE OR SHAPE OR LOCATION OR EXISTING DEVELOPMENT
AFFECTING THE PROPERTY AND THAT THE GRANTING OF THE EXCEPTION
WIE,L NOT BE DETRIMENTAL, TO THE PUBLIC WELFARE OR INJURIOUS TO
OTHER PROPERTY IN THE TERRITORY IN WHICH THE PROPERTY IS
SITUATED.
M S
Vote: 1 Y 2 Y 3 Y 4 Y 5 Y {Unanimously carried}
84-485 Additional items to be discussed:
(2401}
1. Mr. Nichols distributed an ordinance that had been prepared adding
two positions in order to implement the Crime Prevention Grant
approved in Minute Order 84-475.
Motion: WAIVE FIRST READING OF ORDINANCE.
M S
Vote: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried}
Public Hearings and Timed Items
84-486 Report from Public Works on McCain drainage study report.
(2447}
Motion: SET PUBLIC HEARING DATE FOR JULY 24, 1984, AT 10:00 A.M.,
AND TO ALLOW ONE HOUR FOR THE HEARING.
S M
Vote: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried
84--487 County Service Area No. 89 -- Rock Creek/Nord Area Drainage. The
{2652) Roard of Supervisors initiated the formation of County Service Area
No. 89 by Resolution No. 83-137. The Butte County Local Agency
Formation Commission authorized the Board to hold the formation hearing
at their September 1, 3.983, meeting (From 4/1'7/84}
Page 108
June l2, 1984
June 12, 1984
84-487 Motion: CONTINUE HEARING TO JULY 24, 1984, AT 10:00 A.M.
(Cont'd)
M S
Vote: l Y 2 Y 3 Y 4 Y S Y (Unanimously carried)
Motion: REAI7VERTIZE THIS HEARING.
M S
Vote: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
84-488 County Service Area No. 87 - (Keefer Road/Rock Creek Drainage) -
** the Local Agency Formation Commission has approved the Board's
00 request for the renaming of this county service area from Upper Mud
Creek Drainage to Keefer Road/Rock Creek Drainage. LAFCo has also
responded to the City of Chico's request that all city property be
excluded.
Motion: ADOPT RESOLUTION 84-101 APPROVING NAME CHANGE ONLY. SEND
THE CITY OF CHICO'S REQUEST' BACK TO LAFCo FOR REVIEW.
S M
Vate: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
$4-489 Additional item to be discussed:
(235)
1. Mr. Nichols recommended that the Board set a hearing date for an
appeal just received from Go11a Hostick on the denial of a use
permit for a second dwelling an property zoned A-R located on
the south side of Centennial Road, 750 fit. west of Manzanita Avenue,
identified as AP 40-30-103, Chico.
Motion: SET PUBLIC HEARING DATE FOR JULY 3, 1984, AT 1:30 P.M.
M S
Vote: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
RECESS: 10:52 A.M.
RECONVENE: 11:05 A.M.
Page 109
June 12, 1984
June 12, 1984
Public Hearings and Timed Items
84-490, Recognition of persons wishing to speak:
(252)
1. Kelly Meagher - inquiring about the Doe Mill Vineyards and Larry
Ludwig appeals and statements regarding last Tuesday's election.
2. Bill Houston - concerning his right to free speech and requesting
the county pay his medical bills.
84-491 Wynoka Homes, Inc. - appeal of the Planning Commission's denial of a
{748) use permit (categorically exempt from environmental review to allow
multiple family dwellings in a single-family dwelling zone and a
variance to front yard setback to allow dwellings 39 feet from the
centerline of Spencer Avenue on property zoned R-N (residential non-
conforming} located on the north side of "C" Street, i00 feet west of
Roseben Avenue, AP 35-111-9 at the northwest corner of Oro Bangor
Highway and Spencer Avenue for AP 25-157-7 {from 5/8/84)
Motion: NOTE THAT THIS PROJECT IS CATEGORICALLY EXEMPT FROM ENVIRON-
MENTAL REVIEW AND FIND 'T'HA'I' THIS PROJECT DOES NOT MEET THE
REQUIREMENTS OF SECTION 24-47, FINDING THE PROPOSED USE OF THE
PROPERTY WILL IMFATR THE INTEGRITY AND CHARACTER OF THE ZONE
AND BE INCOMPATIBLE WITH SURROUNDING PROPERTY, AND DENY THE
USE PERMIT TO ALLOW THE CONSTRUCTIQN OF TWO DWELLING UNITS
ON AP 35-111-9 AND STX DWELLING UNITS ON AP 35-157-07. FIND
THIS PROJECT DOES MEET THE REQUIREMENTS OF SECTION 24-49 FOR
A VARIANCE TO THE FRONT YARD SETBACK TO ALLOW DWELLINGS
39 FEET FRgM THE CENTERLINE OF SPENCER AVENUE, AP 35-157-07,
AND THAT THERE IS A DEPRIVATION OF PRIVILEGES BEING ENJOYED
BY MANY OTHER PROPERTIES IN THE VICINITY AND IN THE SAME ZONE
AND UPHOLD THE APPEAL ON THE VARIANCE REQUEST.
M S
Vote: l Y 2 Y 3 Y 4 Y 5 Y {Unanimously carried)
Closed Hearings
84-492 R.F.C. Surveyors, Inc. - on behalf of Doe Mill Vineyards, appeals the
(975) Advisory Agency's denial of a tentative parcel map (item far which an
environmental 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. (CONTINUED TO .TUNE 19, 1984)
Page 110
June 12, 1984
June 12, 1984
84-493 R.F.C. Surveyors, Inc. - 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 51-01-143, three parcels, property located on both sides of Doe
Mill Ridge, approximately 840 feet north of Hummer Road, Doe Mill
Ridge area.(CONTINUED TO ..JUNE 19, 1984)
84-494 Additional items from Board members:
(1000)
1. Supervisor Wheeler suggested an orientation process for the four
supervisorial candidates.
Motion: FROM THIS DAY FORWARD THAT EACH CANDIDATE BE MAILED NOT ONLY
'T'HE AGENDA BUT A PACTCET SO THAT THEY CAN CONTINUE TO FOLLOW
THE PROCESS SO THAT WHEN THEY COME THEY ARE NOT DEPENDENT,
THAT WHEN THEY BECOME AN OFFICIAL MEMBER OF THIS BOARD THEY
ARE BETTER EDUCATED IN THE PROCESS THAN I FEEL I WAS WHEN T
TOOK OFFICE THA'I' FIRST YEAR. I DEPENDED A GREAT DEAL ON MY
COLLEAGUES, SOMETIMES AT THE DETRIMENT OF MY CONSTITUENCY,
AND I WOULD LIKE THIS TO BE A FORMAL EDUCATIONAL PROCESS
FOR THESE PEOPLE WHO HAVE GIVEN UP THEIR TIME AND ARE INTERESTED
TN BEING ELECTED OFFICIALS IN THIS COt3NTY.
M S
Vote: 1 2 3 4 S
(MOTION WITHDRAWN)
Motion: THAT WE DIRECT ADMINTSTRATTVE STAFF TO SEND AN INVITATION TO
PROVIDE INFORMATION AS PER THE REQUEST OF THE INDIVIDUAL
CANDIDATES ... AND TF THE CANDIDATES DEEM NECE55ARY TO STT
AND HAVE A CONFERENCE WI'T'H THE ADMINISTRATOR, THEN THAT ALSO
BE A COURTESY EXTENDED THEM.
M
Vote: 1 2 3 4 5
(MOTION WITHDRAWN - THE MAJORITY FELT THIS WAS A BTT PREMATURE.
CHAIRMAN SARACENT INDICATED IT WOULD BE CONSIDERED AFTER THE NOVEMBER
ELECTION.)
Page 111
June 12, 1984
June 12. 1984
CLOSED SESSION: The Board recessed at 11:40 a.m. for a closed session.
RECONVENE: The Board reconvened at 11:55 a.m. following a closed
session on litigation. (NO ANNOUNCEMENTS)
ADJOURNMENT: There being nothing further before the Board at this
time the meeting was adjourned at 11:56 a.m.
~~ -~`~"
^Chairman, Board of Supervisors
ATTEST: MARTIN J. NTCHOLS
Chief Administrative Officer and
C1er~C of the Hoard of Supervisors
BY ~ ,~' ~ r
Page 112
.Tune 12, 1984