HomeMy WebLinkAboutM071784July 17, 1984
Call to order - Board of Supervisors Room, County Administration
Building, 25 County Center Drive, Oroville.
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
84-563 Additional items from Board members to be addressed at the end of the
(24) day.
1. Supervisor Wheeler would like to report on the NACO meeting in
Seattle.
2. Supervisor Wheeler would like the Board to issue a proclamation
of appreciation to Fire Chief Teie, sutte County Fire Department,
CDF and volunteers for their efforts in the recent fire.
Motion: DIRECT STAFF TO PREPARE RESOLUTION.
M S
Vote: l Y 2 AB 3 Y 4 Y 5 Y (Motion carried}
3. Del Siemsen gave a report on the election of the Assessor. It
was his opinion the election of an Assessor must go on the
November ballot. (REPORT RECETVED. NO ACTION TAKEN.}
84-5&4 Consent Agenda
(148)
1. Approval of minutes - July 3, 1984. Action requested: APPROVE
MINUTES.
Page 150
July 17, 1984
July 17, 1984
84-564 2. Budget transfer. Action requested: APPROVE BUDGET TRANSFBR
(Cont'd) B-303.
3. Marvin Showmaker - abandonment of road right-of-way located on
the east side of the Midway, at its intersection with North Street,
west of the Southern Pacific Railroad, identified as AP 38-126-15,
Nelson. Action requested: ADOPT RESOLUTION 84-115 SETTING A
PUBLIC HEARING DATE FOR AUGUST 14, 1984, AT 10:00 A.M.
4. Linda Holm -- appeal of. the Advisory Agency's approval of
-Elsie A. Deeham tentative parcel map (item on which a negative
declaration regarding environmental impact is recommended),
AP 39-36.-35, dividing 1.7 acres to create two parcels for property
located approximately 600' east of the intersection of Orchard Way
and Marian Avenue on the north side.of Marian Avenue, Chico area.
Action requested: SET PUBLIC HEARING DATE FOR AUGUST 7, 1984,
AT 10:00 A.M.
5. Butte County Literary Donation - in accordance with Government Code
Section 25355 a donation of $2,500 has been made by the Chico
Friends of the Library to be used for library materials at the
Chico branch. Action requested: ACCEPT DONATION.
6. Appointments to Building Code Board of Appeals, Action requested:
APPOINT MILT SIRJESSEE AND GENE McFARREN A5 ALTERNATE MEMBERS
WITH TERMS TO EXPIRE AUGUST 1,-1988,
7. Appointment to the Paradise Memorial Hall Committee. Action
requested: APPOINT DONOVAN MONTGOMERY AS ALTERNATE MEMBER
REPRESENTING THE VETERANS OF WORLD WAR I TO SERVE UNTIL NOVEMBER 29,
19s4.
8. Appointments to Screening Committee to select a Superintendent
of Schools. Action requested: APPOINT ARLEY HOWSDEN AND
CLIF MICKELSON,
9. Appointment to Durham Irrigation District. Action requested:
APPOINT EMMETT A. COON TO SERVE UNTIL DECEMBER 3i, 1985.
10. Appointments to Butte County Maternal, Child and Adolescent Health
Board. Action requested: DIRECT LETTER OF APPRECIATION TO
DR. ROBIN NICHOLS AND APPOINT PAUL WASSERMAN AND LAWRENCE MASCARENAS
TO SERVE UNTIL MARCH 1988.
ll, Appointment to Gridley Memorial Hall Committee. Action requested:
APPOINT LESTER T. i3EPWORTH AS AMERICAN LEGION REPRESENTATIVE WITH
TERM TO EXPIRE DECEMBER 31, 19$4.
Page 151
July 17, 1984
July 17, 1984
84-564 12... Forrest McNabb ...renewal of variance to Section 19-10 and/or 19-12
(Cont'd) of the Butte County Code for placement of a mobile home on
AP 40-26-21, 9332 Frederick Lane, Durham area. Zoning: A-5.
Aetian requested: APPROVE VARIANCE RENEWAL
13. Juvenile Hall Inspection Report - the Butte County Health Bepartment
forwards a correction to its annual Juvenile Hall Inspection Report
prepared on May 16, 1984. Action requested: ACCEPT FOR INFORMATION.
14. Butte County Jail annual inspection - the Director of Health
Services forwards a copy of the Health Officer Report of the
annual inspection of the Butte County Jail. Action requested:
ACCEPT TOR INFORMATION AND REFER TO CHIEF ADMINISTRATIVE OFFICER.
15. Annexation of County Service Area 23 (Pleasant Valley Drainage).
Action requested: ADOPT RESOLUTION 84-116 APPROVING ANNEXATION
AS PROPOSED.
16. Destruction of records...-- Auditor's Office - the Auditor requests
destruction of records pursuant to Government Code Section 26241
as they have been microfilmed: 1978-79 Courts Daily Cash Received
Register, 1979 Department of Public Works Road. Maintenance Time
Cards, 1979 Payroll Records, 1978-79 Appropriation Ledgers,
1978-79 Treasurer Cash Sub Ledger, June 30, 19.79, Outstanding
Encumbrance List, 1978-79 Journal Entries and Transfers. Action
requested: AUTHORIZE DESTRUCTION OF RECORDS.
17. 1984-85 Special District Augmentation Fund - the Auditor, in accord-
ance with Revenue and Taxation Code Section 98.6, sends notification
that the fund for 1984--85 is estimated to be $1,100,000. Action
requested: ACKNOWLEDGE NOTIFICATION OF AMOUNT AVAILABLE; SET
PUBLIC HEARING DATE .FOR JULY 31, 1984, TO COINCIDE WITH FINAL
BUDGET HEARINGS; AUTHORIZE WRITTEN NOTICE TO THE LEGISLATIVE
BODY OF EACH SPECIAL DISTRICT; AND AUTHORIZE PUBLICATION OF NOTICE
IN A NEWSPAPER OF GENERAL CIRCULATION.
18. Approval of plans and specifications - Chapman Area Improvement
Project, Phase TT,,Project No. 53235A-81-1 - plans and specifications
have been completed for the subject project.. Action requested:
APPROVE PLANS AND SPECIFICATIONS; AUTHORIZE CHAIRMAN AND DIRECTOR
OF PUBLIC. WORKS TO.SIGN PLANS; ADOPT WAGE .SCALE; AND SET BID OPENING
FOR AUGUST 9, 1984, AT 11:00 A.M. IN 'THE PUBLIC .WORKS OFFICE.
19. Notice of Completion - Ord. Ferry Road, Project No. 42071-83-1 --
all.work on the subject project has been completed in accordance
with glans and specifications. Action requested: ACCEPT PROJECT
AND AUTHORIZE FILING OF NOTICE OF COMPLETION.
Page 152
July 17, 1984
July 17, 1984
g4-564 20. Consent to. Common Use Agreement - Eaton Road, Project No.
{Cont'd} 59171-83-1 - a portion of the reconstruction of the Eaton Road
needs to be done on PG&E easements and a Consent to Common Use
at no cost to the county has been obtained from PG&E. Action
requested: APPROVE CONSENT TO COMMON USE AGREEMENT AND AUTHORIZE
THE CHAIRMAN TO SIGN.
21. Right-of-way contract and temporary construction easement - Midway
Bridge across Ash Creek, Project No. 26311-83-1 - a right-of-way
contract with Gorrill.Ranch to reimburse for possible loss of
irrigation water with a maximum cost of $7,500 and a temporary
construction easement has been obtained for the subject project.
Action requested: APPROVE RIGHT-OF-WAY CONTRACT AND AUTHORIZE
THE CHAIRMAN TO SIGN CONTRACT AND TEMPORARY CONSTRUCTION EASEMENT.
22, Right-of-way acquisition - Agreements for Sale - Eaton Road
Reconstruction Project No. 59171-83-1:
Land Improvements TOTAL
Parcel 16 -
J.E, Holopter & 0.61-acne 4,146 .::1,000 $5,146
Alice A. Holopter (0.11 net)
Parcel l7 - 1.23 acre 3,603 1,260 $4,863
CatherinE Bledsoe {0.03 net)
Parcel 27 -
Antonio A. Lucido 0.29
& Theresa Lucido (0.07 net.} 3,559 750 $4,309
Parcel 20 -
E. L. Watkins & O~ll acre
Christine Watkins {0.01 net) 183 0 $ 183
Parcel 19 -
Wm. H. Archer & 0.09 acre
Sherma C. Archer (0.01 net 748 0 $ 748
Parcel 15 -
Dean E. Vowell & 0.21 acre
Beverly A. Vowell (0.05 net) 1,699 225 $1,924
Action requested: APPROVE AGREEMENTS FOR SALE, AUTHORIZE THE
CHAIRMAN TO SIGN AND AUTHORIZE THE AUJIITflR TO ISSUE WARRANTS
UPON DEMAND OF THE COUNTY'S ESCROW AGENT.
Page 153
July l7, 1984
~.
July 17, 1984
84-564 23. Award of contract - Midway Bridge at Ash Creek, Project No,
(Cont'd) 2.6311-83-1 -- bids have been opened for the subject project with
low bidder being Barry 0. Lindeman in the amount of $204,859.75.
Action requested: AWARD .CONTRACT TO BARRX 0, LINDEMAN SUBJECT
TO CONCURRENCE BY CALTRANS AND FHWA.
24. Final Report of the Butte County Grand Jury for 1983-84. Action
requested: DIRECT CHIEF ADMINISTRATIVE OFFICER TO SECURE APPRO-
PRIATE DEPARTMENTAL COMMENTS AND TN ACCORDANCE WITH THE PENAL CODE.
25. Community Action Agency 1983 summer food program audit - the audit
is being submitted as performed by the accountancy firm of
Matson & Tsom and reflects no exceptions or questioned costs.
Action requested: ACCEPT AUDIT REPORT.
26, Community Action Agency summer youth food program - a contract
has been prepared with United States Department of Agriculture
covering the serving of 240 lunches and 120 snacks for children
in Gridley and Oroville for the period July 18 through August 31
at an expected cost of $14,530. Action requested: ACCEPT CONTRACT
AS APPROVED.
27. Amendment No. 2 to Contract No. 83-844-104 - the contract with the
State Office of Economic Opportunity provides an additional
$69,618 in energy crisis assistance funds to be used in assisting
low income people to meet energy costs during time of emergency.
Action requested: ACCEPT CONTRACT AMENDMENT AND AUTHORIZE THE
CHAIRMAN TO SIGN AND AUTHORIZE CONTINUATION FOR ADVANCE FUNDING.
28. Land Conservation Act Agreement for James W. Kelm - as a result
of non-payment of penalty fees within the required timeframe it
is necessary to rescind tentative certification of cancellation.
Action requested. APPROVE CERTIFICATE RESCINDING CERTIFICATION OF
CANCELLATION AND DIRECT RECORDATION IN THE RECORDER'S OFFICE.
29. John L. Lanam, attorney at law - on behalf of John L, Bailey, Jr.,
et al, files a claim for cancellation of taxes and for refund of
$7,049.89 and penalty and costs for the years 1975-76 through
1978-79. Action requested: REFER TO COI7NTY COUNSEL, TAX COLLECTOR
AND ASSESSOR FOR RECOMMENDATION.
30. John Scott Matthew, attorney at law - on behalf of Larry Joe Ramirez,
files a claim for damages totaling $5,000,000 as a result of alleged
damages and injuries incurred on March 29, 1984, as a result of a
vehicle accident in Placer County. Action requested: REJECT CLAIM
AND REFER TO COUNTY COUNSEL AND RISK MANAGEMENT COORDINATOR.
Page i54
July 17, 1984
July 17, 1984
84-564 31. John Scott Matthew, attorney at law - on behalf of Jeneine Ramirez,
(Cont'd) files .a claim in the total amount of $500,000 as a result of alleged
injuries and damages incurred as a result of an automobile accident
on March 29, 1984, in Placer County. Action requested: REJECT
CLAIM AND REFER T.O COUNTY COUNSEL. AND.RTSK MANAGEMENT COORDINATOR,
32, Robert A. Glusman, attorney at .law - on behalf of Noble Curll and
Esther Curll, files a claim in the total amount of $255,000 as a
result of alleged damages incurred relating to the death of their
son on April 6, 1984. Action requested: REJECT CLAIM AND REFER TO
COUNTY COUNSEL AND RISK MANAGEMENT COORDINATOR.
33. Barry M. Meyers, attorney at law - on behalf of Johnnie A. Brown,
files a claim against the County of Butte and Town of Paradise in
the amount of $100,000 as a result of alleged damages incurred
as a result of his arrest and incarceration on May 28, 1984.
Action requested: REJECT CLAIM AND REFER TO COUNTY COUNSEL AND
RISK MANAGEMENT COORDINA'T'OR.
34. James A. Honer, attorney at law ~ on behalf of Zoa Elizabeth Corrado
and Anthony Corrado, files a claim totaling $50b,554.55 as a result
of alleged injuries and damages incurred as a result of an automobile
accident occurring in the vicinity of Lone Tree Road and Cox Lane
on April 9, 1984. Action requested: REJECT CLAIM AND REFER TO
COUNTY COUNSEL AND RISK MANAGEMENT COORDINATOR.
35. S. A. Coolidge, attorney at law - on behalf of Margaret E. Crowder,
files an application to file a late claim and a claim as a result
of alleged injuries incurred at the Gridley Memorial Hall on or
about December 1S, 1983. Action requested: REJECT APPLICATION TO
FILE LATE CLAIM.
36. Communications.
a. Mrs, Helen F. Moellendorf, Oroville - writt~s regarding approval
granted Applied Power Technology for a wood waste cogeneration
plant in Oroville. Action requested: REFER TO AIR POLLUTION CONTROL
FOR RESPONSE,
b. Town of Paradise - Leo Trombley, chief of police, writes
complimenting Deputy District Attorney Dennis Forland. Action
requested: ACCEPT FOR INFORMATION AND REFER TO DISTRICT ATTORNEY.
c. City of Chico - Karl Ory, mayor, submits
the Land Use Study for East Avenue which is
the Planning Commission. Action requested:
AND REFER TO PLANNING COMMISSION.
Page 155
information regarding
under consideration by
ACCEPT. FOR INFORMATION
July 17, 1984
July 17, 1984
84-564 36. Communications (continued}
(Cant'd)
d. Al Raitt, director of health services - forwards a report
concerning the notification given to physicians alerting them to
the results of the recent nitrate study. Action requested:
ACCEPT FOR INFORMATION
e. Governor's Office - Deane Dana, III, appointments assistant,
requests the Board to consider applications and nominations of
county employees fpr the Medical duality Review Committee. Action
requested: REFER TD DIRECTOR OF HEALTH SERVICES AND WELFARE
DIRECTOR FOR REPORT AND RECOMMENDATIONS AND NOMINATIONS.
f. State Department of Transportation - submits information on
an informational meeting on the proposed Highway 99 improvements
in Sutter and Sttte Counties to be held Juiy 18, 1984, at 7:00 p.m.
in the Gridley Veterans Memorial Hall. Action requested: ACCEPT
FOR INFORMATION.
g. State Department of Water Resources - submits the statement
of charges for watermaster service in .the Sutte Creek service
area in Butte County for 1984-85. Acticn requested; REFER TO
AUDI'T'OR/CONTROLLER.
h. State Department of Water Resaurces - submits the statement
of charges for state water project. payments in calendar 1985
totaling $16,976. Action requested: INFORMATION ONLY
Motion: APPROVE CONSENT AGENDA.
S M
Vote: l Y 2 AS 3.Y 4 Y 5 Y (Motion carried}
Regular Agenda
84-565 Consideration of medical services contract - Butte County Jail.
(159)
Motion: APPROVE THE CONTRACT AND AUTHORIZE THE CHAIRMAN~~TO SIGN.,.,
SUBJECT TD REVI.EW.OF STAFF; ASSIGN RESPONSIBILITY FDR THE
DAY-TO-DAY ADMINISTRATION OF THE CONTRACT TO THE SHERIFF-
CORONER. AS REQUIRED BY COUNTY ORDINANCE, THE CHIEF
ADMINISTRATIVE OFFLCER WILL REMAIN RESPONSIBLE TO MONITOR
THE ADMINISTRATION OF THIS CONTRACT.
S M
Vote: l Y 2 AB 3 Y 4 N 5 Y (Motion carried)
Page 156
July 17, 1984
duly 17, 1984
84-566 Consideration of report from Chief Administrative Officer on possible
{293) temporary solution to jail overcrowding and related matters.
(SUPERVISOR DOLAN PRESENT AT THIS TIME.)
Motion: ACCEPT~REPORT;.AU.THORIZE THE CHIEF ADMINISTRATIVE OFFICER TO
DEVELOP A PROPOSAL FOR A TEMPORARY HOUSING FACILITY OF: 60 BEDS
AND SUBMIT SUCH TO THE STATE BOARD OF CORRECTIONS AND THE STATE
FIRE MARSHAL; AUTHORIZE THE CHIEF ADMINISTRATIVE OFFICER AND
THE SHERIFF-CORONER TO DISCUSS CONTRACTING FOR JAIL BEDS WITH
SHASTA COUNTY'; DEFER UNTIL BUDGET SESSIONS THE SHERIFF'S
REQUEST FOR 1$ ADDITIONAL POSITIONS; AUTHORIZE STAFFING OF
10 POSITIONS A',~'iSUCH TIME THEVFACILITY IS APPROVED AND SIDS
ACCEPTED . T~~ i°a,eA~)/
S M
Vote: 1 X 2 Y 3 Y 4 Y 5 Y (Unanimously carried}
84--567 Additional item:
(930}
1. Mr. Nichols reported on a.memorandum from the Sheriff's Officer
regarding a Work Alternative Program.
Motion: AUTHORIZE SHERIFF TO ESTABI:,ISH:WORIC ALTERNATIVE PROGRAM AND
THE AUDITOR TO ESTABLISH NECESSARY FEES TO IMPLEMENT THE
PROGRAM.
S M
Vote: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
$4-568 Ordinance granting department heads the same cost of living increase
(1055} as the other units.
Motion: WAIVE THE SECOND READING AND ADOPT ORDINANCE 2415 TO BE
EFFECTIVE AUGUST 25, 1984.
M S
Vote: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried}
$4-569 Ordinance implementing equity adjustments per Memorandum of Understanding
with the two bargaining units and department heads.
Motion: WAIVE THE SECOND READING AND ADOPT ORDINANCE 2416 TO BE
EFFECTIVE JANUARY l2, 1985.
M S
Vote: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
Page 157
July l7, 1984
July 17, 1964
84-570 Ordinance implementing recommendations of the Grand Jury regarding
compensation for Board members.
Motion: WAIVE THE SECOND READING.
S M
Vote: l Y 2 Y 3 Y 4 Y 5 Y {Unanimously carried)
Motion: ADOPT ORDINANCE 2417 TO BE EFFECTIVE SEPTEMBER 22, 1984.
S M
Vote: l Y 2 Y 3 Y 4 Y 5 N (Motion carried)
84-571 Award of bid - janitorial services for Chico Library. (from 7/3/84)
(1196)
Motion: AWARD BID TO CONTRACTOR RECOMMENDED BY THE PURCHASING OFFICER.
M S
Vote: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
84-572 Ordinance implementing recommendations of the Grand Jury regarding
(1246) compensation for Board members. (COMMENTS FROM THE FLOOR REGARpING
PRIOR ACTION. NO FURTHER ACTION TAKEN.}
RECESS: 10:02 a.m.
RECONVENE: 10:21 a.m.
(SUPERVISORS DOLAN AND WHEELER ABSENT AT THIS TIME}
Public Hearings and Timed Items
84-573 Public Hearing -- Intention to rename a private road - Aideng Court
(1880) (Cynthiann Lane to end} to Cynthiann Court.
Motion: ADOPT RESOLUTION 84-118.
M S
Vote: l Y 2 AB 3 AB 4 Y 5 Y (Motion carried)
(SUPERVISOR WHEELER PRESENT AT THIS TIME)
84--574 Viacom Cablevision - renewal agreement for CA'Z'V services in the Oroville
(1938) unincorporated area through .July 1, 2004. (CONTINUED TO JULY 24, 1984,
AT 11:15 A.M.)
Page 158
July 17. 1984
r
July 17, 1984
(SUPERVT50R DOLAN PRESENT AT THIS TIME)
84-575 R. H. Skillin - proposed negative declaration regarding environmental
(2047) impact and rezone from A-20 and 40 (agricultural - 20 and 40 acre
parcels) to A-5 (agricultural - 5 acre parcels) located on the east
and west side of Stanford Road at the Sacramento Northern Railroad
right-of-way, identified as AP 38-19-04, 5, 6, 18, 29, 30, 33, 34, 35,
36, 37, 38, 39, 40, 41, 42, 43, 44, and 47, Durham.
Motion: FIND THAT THE REQUIREMENTS OF CEQA HAVE BEEN COMPLETED AND
CONSIDERED IN MAKING THIS DECISION AND &AOPT A NEGATIVE
DECLARATION REGARDING ENVIRONMENTAL IMPACT; AND FIND THAT THE
PROPOSED REZONE DOE5 CONFORM TO THE POLICIES OF THE BUTTE
COUNTY GENERAL. PLAN; AND ADOPT ORDINANCE 241$ REZONING THE
PROPERTY LOCATED ON THE EAST AND WEST SIDE OF STANFORD ROAD
AT THE SACRAMENTO. NORTHERN RAILROAD RIGHT-OF-WAY, FROM
A-20 AND A-40 TO A-5, DURHAM (R.H. SKILLTN ET AL)
S M
Vote: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
84-576 Geddis, Christofferson, and Lenhardt - an behalf of Robert Stout, appeals
(2783) the Planning Commission's denial of a use permit to allow the segregation
of a two-acre homesite in an agricultural zone and variance to minimum
parcel size standards (items on which a negative declaration regarding
*~ environmental impact has been recommended) on property zoned A-40
00 (agricultural - 40 acre parcels) located between Evans-Reimer Road
and Higgins Avenue, 1000 feet west of Larkin Road, identified as
AP 25-15-2 and 24-15-65, Gridley area.
Motion: I FIND THAT THE REQUIREMENTS OF CEQA HAVE BEEN COMPLETED AND
CONSIDERED IN MAKING THIS DECISION AND ADOPT A NEGATIVE
DECLARATION; AND FIND THAT THE PROJECT MEETS THE REQUIREMENTS
OF SECTION 24-47 SPECIFICALLY: THE PROPOSED USES OF THE PROPERTY
WILL NOT IMPAIR THE INTEGRITY AND CHARACTER OF THE ZONE TN WHICH
THE LAND LIES AND THAT THE USE WOULD NOT BE UNREASONABLY
INCOMPATIBLE WITH, OR INJURIOUS TO, SURROUNDING PROPERTIES OR
DETRIMENTAL TO THE HEALTH AND GENERAL WELFARE OF THE PERSONS
RESIDING OR WORKING. IN THE NEIGHBORHOOD OR TO THE GENERAL HEALTH,
WELFARE AND SAFETY OF THE COUNTY; AND SECTION 24-49 SPECIFICALLY:
"VARIANCES FROM THE TERMS OF THIS CHAPTER SHALL $E GRANTED ONLY
WHEN, BECAUSE OF SPECIAL CIRCUMSTANCES APPLICAALE TO THE PROPERTY,
INCLUDING SIZE, SHAPE, TOPOGRAPHY, LOCATION OR SURROUNDING, THE
.STRICT APPLICATION OF THIS CHAPTER DEPRIVES SUCH PROPERTY OF
PRIVILEGES ENJOYED BY .OTHER PROPERTY IN THE VICINITY AND UNDER
IDENTICAL ZONING CLASSIFICATION. ANY VARIANCE GRANTED SHALL
BE SUBJECT TO SUCH CONDITIONS AS WILL ASSURE THAT TIIE ADJUSTMENT
THEREBY AUTHORIZED SHALL NOT CONSTITUTE A GRANT OF SPECIAL
PRIVILEGES INCONSISTENT WITH THE LIMITATIONS UPON OTHER PROPERTIES
Page 159
July 17, 1984
Juiy 17, 1984
84-576 IN THE VICINITY AND ZONE IN WHICH SUCH PROPERTY IS SITUATED.
{Cont'd) ANY SUCH CONDITION IMPOSED UPON ISSUANCE OF A VARIANCE MUST BE
REASONABLY RELATED TO THE USE OF THE PROPERTY FOR WHICH THE
VARIANCE IS REQUESTED. AND.SECTTON 24--54 AND 24-81; AND
APPROVE THE PROPOSED.USE PERMIT FOR AN AG. SEGREGATION AND
VARIANCE TO MINIMUM PARCEL SIZE QN AP 24-15-2 AND 65 (STOUT)
SUBJECT TO THE FOLLOWING CONDITIONS:
i. DEED TO THE COUN'T'Y OF BUTTE 30 FEET OF RIGHT-OF-WAY FROM
THE, CENTERLINE OF HZGGINS AVENUE AND EVANS REIMER ROAD:.
2. PARCELS SHALL BE CREATED PURSUANT TO THE MAP ACT OF THE BUTTE
COUNTY CODE AND THE STATE SUBDIVISION MAP ACT.
3. PRIOR TO THE DIVISION BEING EFFECTIVE, THE OWNER OR
OWNERS OF THE PROPERTY INCLUDED IN THE APPROVED DEVELOPMENT
PLAN SHALL EXECUTE AND CAUSE TO BE RECORDED IN THE OFFICE OF
THE RECORDER OF BUTTE COUNTY A RESTRICTION BINDING UPON THE
ORIGINAL OWNERS AND THEIR HEIRS, SUCCESSORS AND ASSIGNS, WHICH
DISALLOWS ADDITIONAL DWELLINGS FROM BEING LOCATED ON THE PROPERTY
UNTIL EITHER OF THE FOLLOWING CONDITIONS OCCUR:
A. THE PROPERTY IS REZONED TO ANY OTHER ZONE; OR
B. AT LEAST TEN (10) YEARS HAS ELAPSED FROM DATE OF
RECORDATION AND THE COMMISSION FINDS CIRCUMSTANCES
REGARDING SAID PROPERTY AND OTHER PROPERTIES IN THE
AREA HAVE CHANGED SUFFICIENTLY TO RECONSIDER THE
RESTRICTION.
4. APPLICANT MUST ALSO COMPLY WITH ALL OTHER APPLICABLE STATE
AND LOCAL STATUTES, ORDINANCES, AND REGULATIONS.
S M
Vote: l Y 2 N 3 Y 4 Y 5 N (Motion carried)
84-577 Continued hearing - Bernhard-Brown & Associates - appeal of Condition
(248) No. 3 (requirement for SC 250 prime coat which is a requirement of
the RS-7A Raad Standard) for Cynthiann Tentative Subdivision., AP 27-07-59,
six parcels, property located approximately one-half mile north of the
intersection of Bohemia Avenue and Cynthiann Lane, Oroville area.
(from 6/18/84) (CONTINUED TD AUGUST 7,.1984, AT 10:15 A.M.
84-578 Barnhart-Brown & Associates, on behalf of John Freeman, appeal the
{303) Advisory Agency's denial of a revised tentative parcel map {item on
which a mitigated negative declaration has been recommended),
AP 61-OS-143, four. lets,-property located on the south side of Bald
Rock Road, one mile southeast of the intersection of Zink and. Bald Rock
Roads, Berry Creek area.
Page 160
July i7, 1984
July 17, 1984
84-57$ Motion: THE REQUESTED MITIGATION MEASURE OF THE DEPARTMENT OF FISH
(Cont'd) AND GAME FOR 40 ACRE MINIMUM PARCEL SIZES TO LESSEN IMPACT
ON DEER HERDS IN AN AREA THA'T' HAS BEEN ZONED FOR 5 ACRE PARCELS
FOR MANY YEARS. IS AN UNREASONABLE MITIGATION TO IMPOSE ON
INDIVIDUAL PRIVATE PROPERTY OWNERS AND CONSTITUTES A DOWN-
ZONTNG OF THEIR PROPERTY WITkiOUT COMPENSATION. THE DEPARTMENT
OF FISH AND GAME HAS GIVEN NO DATA TO SUBSTANTIATE THEIR CLAIM
THAT THESE FOUR PARCELS WILL HAVE A SUBSTANTIAL ENVIRONMENTAL
IMPACT ON DEER HERDS. THE STATE IS PRESENTLY IN THE PROCESS
OF DOING A STATEWIDE STUDY ON DEER HERDS AND HOW TO BEST
MANAGE THAT STATE RESOURCE. I FIND THAT THE AREA IS ZONED FOR
TfILS TYPE OF RURAL DEVELOPMENT AND THAT THERE ARE OTHER PROPERTIES
IN THE AREA OF SIMILAR SIZE. 'T'HIS PROJECT TS NOT TOO FAR
FROM COMMERCIAT, SERVICES AND SCHOOLS FOR THIS TYPE DF RURAL
DEVELOPMENT AND TS A MATTER OF CHOICE INDIVIDUALS MAKE WHEN
THEY DECIDE WHERE THEY WANT TO LIVE. I FIND THAT THE PROJECT
CONFORMS TO THE GENERAL PLAN. AND ALTHOUGH THE PROPOSED
PROJECT COULD. HAVE A SIGNIFICANT EFFECT ON THE ENVIRONMENT.,
THERE WILL ,NOT BE A SIGNIFICANT EFFECT IN THIS CASE BECAUSE
THE MITIGATION MEASURES AS RECOMMENDED BY THE PLANNING DIRECTOR'S
REPORT OF MAY 30~ 1984, HAVE BEEN ADDED, TO THE PROJECT; AND
MOVE TO ADOPT A MITIGATED NEGATIVE DECLARATION AND UPHOLD TiiE
APPEAL OF JOHN FREEMAN TENTATIVE PARCEL. MAP ON AP 61-08-143
WITH PUBLIC WORIC5 CONDITIONS 1 - 11 AND ENVIRONMENTAL HEALTH
CONDITIONS 12 AND 13 ON MEMO DATED JULY 12, 1984. AN INFORMA-
TIONAL NOTE TO:BE PLACED. ON THE MAP THAT PURCHASERS MIGHT BE
SUBJECT TO FEES. `
M S
Vote: 1 Y 2~ N `• .. 3 Y 4 Y 5 N (Motion carried)
84-579 Presentation.by Patricia A. Long, Butte County United Way Executive
(550) Director.
Motion: ADOPT RESOLUTION 84-119 PROCLAIMING THE MONTH OF SEPTEMBER
AS UNITED WAY MONTH, AND AUTHORIZING DISTRIBUTION OF PLEDGE
CARDS TO COUNTY EMPLOYEES.
M S
Vote: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
84-580 Recognition of persons wishing to speak.
(653)
1. William Houston - regarding medical bills.
2. Frank Brazzell - regarding developer fees for schools.
Page 161
July 17, 1984
Uuly 17, 1984
84-581 Sierra West Surveying - on behalf of Abbie Lauer, appeals the Advisory
(1459) Agency's Condition No. 10 (reconstruct Helltown Road) on a tentative
parcel: map, AP 63-02-22, two lots, property located on the west side of
Helltown Road, 3000 feet .north of Centerville Road, Helltown area.
(MR. FULTON PREFACED HIS MOTION WITH A CAUTIONARY NOTE THAT THE PROPERTY
AT THE END OF THE ROAD MIGHT AT SOME TIME BE DEVELOPED AND THAT THE
BOARD MAY AT THAT TIME RE4UIRE THAT SOMETHING BE DONE WITH THE ROAD.)
Motion: UPHOLD APPEAL OF ABBIE LAUER SCF8:3ECT TO CONDITIONS 1 THROUGH
9 AND 11 THROUGH 15.
5 I`'i
Vote: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
Motion: DIRECT STAFF TO BRING BACK TO THE BOARD A PROCEDURE TO
IMPLEMENT A ROAD MAINTENANCE DISTRICT FOR THE AREA.
M S
Vote: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
84-5$2 Lippincott-Guth Associates - on behalf of Cherie Smyzer, appeals
(2180) Condition No. 9 (obtain encroachment permit and construct standard
road approach providing adequate site distance at the intersection of
Round Valley Ranch Road and Clar[c Road) on tentative parcel map,
AP 55-46-25, three parcels, property located an the south side of Stoney
Brook Lane approximately 1600 feet west of its intersection with Round
Valley Road, Paradise area.
Motion: UPHOLD APPEAL OF CHERI SMYZER SUSdECT TO CONDITIONS 1-$
AND 10 - 12.
S M
Vote; l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
Regular Agenda
84-583 Discussion on choosing consultant for preparation of an environmental
(2605) impact report for the Bell-Muir area pursuant to Resolution 75-57,
*** as amended.
oao
Motion: REAFFIRM THE FACT THAT THE BOARD HAS GIVEN DIRECTION THAT
THE BELL-MUIR AREA BE CONSIDERED FOR CONTINUED STUDY AND
CONSIDERA'T'ION OF A GENERAL PLAN.CHANGE AND REZONE AND ALSO
THAT THE ENVIRONMENTAL IMPACT STUDY BE CONDUCTED IN-HOUSE
BY STAFF.
M S
Vote: 1 2 3 4 5
Page 162
July 17, 1984
July 17, 1984
84-583 Motion Amended: TO INCLUDE THAT WE DIRECT STAFF TO GO AHEAD AND
(Cont'd) CONTRACT WITH EARTH METRICS TO DO THE EIR FOR THE $ELL-
MUIR STUDY AREA.
M S
Vote: 1 2 3 4 5
(MOTION TA$LED. SUPERVISORS DDLAN AND WHEELER TO WORK TOGETHER TD
MAKE RECOMMENDATIONS ON WHAT IS BEST IN ORDER FOR PEOPLE TO DEVELOP
l ACRE .PARCELS.)
RECESS: 12:50 P.M.
RECONVENE: 1:55 P.M.
(SUPERVISORS DOLAN AND WHEELER ABSENT AT THIS TIME)
84-584 K. E. Thacker - proposed negative declaration regarding environmental
(935) review and rezone from "S-H" (scenic highway) and "A-2" (general) to
"PUD" (planned unit development), approximately 64 acres to allow a
25-unit residential development including approximately 10 acres of
'~*** sewage disposal facilities including a pond and waste water irrigation
0000 area located on the west side of Pentz-Magalia Highway, approximately
one mile north from Pentz Road, 5 miles south of Paradise, identified
as AP 41-03--115.
Motion: FIND THAT THE. REQUIREMENTS OF CEQA HAVE BEEN COMPLETED AND
CONSIDERED IN MAKING THIS DECISION AND MOVE. WE ADOPT A MITIGATED
NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AND I FIND THAT
THE REZONE CONFORMS TO THE BUTTE COUNTY GENERAL PLAN, TEXT
AND POLICIES, IN SECTION 24-I26 OF THE ZONING ORDINANCE, THE
PLANNED UNIT DEVELOPMENT, AND THEREFORE I MOVE ADOPTION OF
ORDINANCE 2419. REZONING TO PUD THAT PROPERTY IDENTIFIED AS
AP 41-03-115 AND A PORTION OF AP 41-03-46, FOR MR. TRACKER
AND OTHERS, SUBJECT TD THE CONDITIONS AND MITIGATION.-
MEASURES AS RECOMMENDED SY THE. PLANNING DEPARTMENT ON MEMO
DATED JULY 9, 1984, WITH THE FOLLOWING ADDITIONS OR DELETIONS:
ITEM NO. 2: AMENDED TO READ, "COMPLY WITH POLICIES OF THE
DEER HERD STUDY PANEL AND/OR POLICIES OF THE BOARD OF
SUPERVISORS WHICH DO NOT REQUIRE RELOCATION OR REMOVAL OF
IMPROVEMENTS NECESSARY FOR THE COMPLETION OF THE PROJECT.
ITEM NO. 4(e): AMENDED TO READ, "CUL-DE-SACS TO BE 90
FOOT DIAMETER.
ITEM ND. 4(e): DELETED.
Page 163
July 17, 1984
July l7, 1384
84-584 .ITEM NO. 4(g):' DELETE WORDS, "AND EXTERIORS OF BUILDINGS."
(font' d )
ITEM.NO. 4{h): THE WORKS., "TNSTALLATION TO OCCUR PRIOR TO
CONSTRUCTION OF ANY DWELLTNG UNITS." TO BE CHANGED TO,
"INSTALLATION TO OCCUR PRIOR TO HABITATION OF FIRST DWELLING
UNIT,"
S M
Vote: l Y 2 AB 3 AB 4 Y 5 Y {Motion carried)
Closed Hearings
84-585 R.F.C. Surveyors, Inc. - on behalf of Doe Mill Vineyards, appeals the
(186) Advisory Agency's denial of a tentative parcel map (item far which an
environmental impact report has previously been certified), AP 4b-71-25,
dividing 93.2 acres into four parcels of 20.O.acres each, property
located 300 feet south of Wilder Drive, west of Zinfandel Drive, Doe
Mill Ridge area. (from 6/26/84)
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 5i-O1-143, three parcels, property located on both sides of Doe
Mill Ridge, approximately 800 feet north of Hummer Road, Doe Mill
Ridge area. (from 6/25/84}
(BOTH HEARINGS CONTINUED TO JULY 24, 1484.)
Regular Agenda
84-58b Report from Planning Commission relating to the Airport Land Use
(194) Commission. (from 7/3/84}
Foothills Water Resources Study - as a result of SB 2320 and AB 2758,
$70,00.0 is available to be allocated to Butte County for the conduct
of a Foothills Water Resources Study. (from 7/3/84)
(BOTH ITEMS CONTINUED TO JULY 24, 1984.)
Page 164
July 17, 1984
July 17. 1984
ADJOiTRNMENT: There being nothing further before the Board at this
time the meeting was adjourned at 3:OQ p.m.
~/~ ,S/~
ChairCm~ain,CBOar~d 1o~f Supervisors
ATTEST:
MARTIN ~'. NICHOLS
Chief Administrative Officer and
Clerk o~ the soard of Supervisors
Sy:
fie uty
Page 165
July 37, 1984