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HomeMy WebLinkAboutM082184August 21, 1984 Call to order - Board of Supervisors Room, County Administration Building, 25 County Center Drive, Oroville. Present: Supervisors Dolan, Fulton, Moseley, Wheeler and Chairman Saraceni; Martin J'. Nichols, chief administrative officer; Del Siemsen, county counsel; and Rubye Townsley, deputy clerk of the Board. Pledge of allegiance to the Fiag of the United States of America, Invocation - Supervisor Moseley 84-662 Additional items from Board members: to be addressed at the end of the day: 1. Supervisor Moseley would like to talk about an Air Resources meeting in September. 2. Supervisor Wheeler would like to talk about salaries. 3. Supervisor Wheeler requested an immediate closed session on personnel. C£~OSED SESSION: The Board recessed at 9:05 a.m. for a closed session on personnel. RECONVENE: The Board reconvened at 9:09 a.m. {NO ANNOUNCEMENTS) 84-663 Items removed from the Consent Agenda for separate consideration: {67) 1. Designation of lead agency for Forks of Butte Project {Water Right Application 27815). 2. Merit step advancement - the Chief Administrative Officer is eligible far a merit step increase from Step C to Step D of Range 37.5 with an effective date of August ll, 1984. Page 213 August 2l, 1984 August 21, 1984 84-664 Consent Agenda (lay) 1. Approval of minutes - August 6, 7, and $, 1984 -action requested -- APPROVE MINUTES. 2. Budget transfers - action requested - APPROVE BUDGET TRANSFERS B-7, B-8 and B-9. 3. Robert Millington, attorney at law - on behalf of Worth Bayles, et al, appeals the Advisory Agency's approval of Manny Erekson reversion to acreage and tentative parcel map (categorically exempt from environmental review), AP 22--10-04, two parcels, property located on the northeast corner of Milky Way and Rio Bonito Road in the Biggs area - action requested - SET PUBLIC HEARING DATE FOR AUGUST 28, 1984, AT 10:45 A.M. 4. E. and C, Contreras - abandonment, Kelly Ridge Estates, PUE Unit 2B, Lot 88, AP 69-07-26, Oroville - action requested - ADOPT RESOLUTION 84-137 SETTING PUBLIC HEARING DATE FOR SEPTEMBER 18, 1984. AT 10:00 A.M. 5. Ed Hunsaid - item on which requirement for an environmental impact report is being appealed for a rezone from TM--S (timber mountain - 5 acre parcels) to TM-1 (timber mountain - 1 acre parcels) located on the west side of Nope1 Drive, approximately 1600' southeast of Highway 32, identified as AP 63-09-18, Forest Ranch - action requested -- SET PUBLIC HEARING DATE FOR SEPTEMBER 18, 1984, AT 11:30 A.M. 6. Designation of county representative to Small County Advisory Committee {County Medical Services Program Contract) - action requested - DESIGNATE 32M BOTTLE TO SERVE UNTIL ~3UNE 30, 19$5, AND AUTHORIZE THE CHAIRMAN TO SIGN THE NOMINATION FORM. 7. Certification of cancellation fees - Ann Casey Land Conservation Act Agreement- action requested - CERTIFY CANCELLATION FEES FOR AP 41-03-27 AND 46 IN THE AMOUNT OF $36,942. 8. Donald L. Lucas - cancellation fees for Land Conservation Act withdrawal have been paid as required by the Board - action requested - DIRECT CLERK TO RECORD FINAL CERTIFICATE OF CANCEL- LATION OF LAND CONSERVATION ACT AGREEMENT FOR DONALD L. LUCAS. 9. Report to the Board - Thomas Reed - proposed negative declaration regarding environmental impact and denied General Plan Amendment from agricultural-residential to industrial on property zoned SR-3 located on the east side of Cohasset Road along Thorntree Road, 3 miles north of Chico -- action requested - ACCEPT FOR INFORMATION. Page 214 August 21, 19$4 August 21, 1984 84-664 10. Report to tine Board - Thomas Reed - proposed negative declaration (Cont'd) .regarding environmental impact and denied rezone from SR-3 (suburban residential - 3 acre parcels) to M-1 (light industrial) located on; the east side of Cohasset Road along Thorntree Road, 3 miles north of Chico, identified as AP 48-01-17 (pt}, 20 (pt), 21 {pt), 22 (pt} and 23 {pt} - action requested - ACCEPT FOR INFORMATION, 11. Resolution supporting SB 1741 (Weights and Measures funding) - action requested -- ADOPT RESOLUTION 84-138. AND AUTHORIZE THE CHAIRMAN TO SIGN. 12. Claim of Timothy Stewart, Katrina Stewart and Timothy Stewart, Jr „ as a result of alleged injuries sustained on or about June 24, 1984, on Butte Meadows Road - action requested - REJECT CLAIM AND REFER TO COUNTY COUNSEL AND RISK MANAGEMENT COORDINATOR. (From 7/31/84. 13, Ordinance amending Section 5-12 of the Butte County Code authorizing a referee for the conduct of General Assistance fair hearings - action requested - WAIVE THE SECOND READING AND ADOPT ORDINANCE 2425, 14. Salary ordinance amendment _ the ordinance implements personnel decisions made in the 1984-85 budget providing for the addition of 40 new county positions and reclassification of six positions., action requested - WAIVE THE FIRST READING OF THE ORDINANCE. 15. Resolution approving agreement with Robert Berndt relating to reclassification of zoning - action requested - ADOPT RESOLUTION 84-139 AND AUTHORIZE THE CHAIRMAN TO SIGN. 16. Community Action Agency equipment purchase request - action requested - AUTHORIZE ACQUISITION OF TYPEV~TRITER AND SUPPLIES AS RECOMMENDED. 17. Award of bids - Superior Court Improvement Projects - bids have been opened for Project No. 6-85 (reroofing and sheet metal work) and Project No. 7-85 (repaint exterior} with the low bidders being four Counties Roofing of Chico, $50,995, and Jim's Painting of Chico, $15,77&, respectively. Total budget appropriation is $70,000 - action requested - AWARD SIDS TO LOW BIDDERS. 18. Paradise Memorial Hall air cleaners - the Paradise Veterans Council requests authorization to install air cleaners in the memorial hall and asks the county to accept the donation -action requested - ACCEPT DONATION OF AIR CLEANERS AND AUTHORIZE INSTALLATION. Page 215 August 21, 1984 August 21, 1984 84-664 19. Paradise Memorial Hall free use - Memorial Hall Committee recommends (Cont'd) that the Board approve free use of the hall for Children's Home Society far October 25, 1984, from 6 p.m. to 9 p:m.,and the Eagle Scout project blood drive an August 29, 1984, from l p.m, to 6 p.m. - action requested - AUTHORIZE FREE USE TO ORGANIZATIONS AS RECOMMENDED. 20. Memorial Hall rules and regulations - a resolution has been prepared amending the Memorial Hall rules and regulations to provide that all appointments to Memorial Hall committees and the Veterans Council Hall Committee expire December 31 of each year - action requested - ADOPT RESOLUTION 84-140 AND AUTHORIZE THE CHAIRMAN TO SIGN. 21, Retirement actuarial study - a contract has been prepared with the Public Employees' Retirement System in the amount of $308 to conduct an actuarial study to determine the cost of retired employees' 4$ cast-of-living request - action requested - APPROVE CONTRACT AND AUTHORIZE.THE CHAIRMAN TO SIGN. 22. Connerly & Associates contract amendment.- an amendment has been prepared in the amount of $24,630 ($10,000, should special studies and environmental assessments be necessary) for prepara- tion of specific plan for the Chapmantown/Mulberry neighborhood - action requested - APPROVE CONTRACT AMENDMENT AND AUTHORIZE THE CHAIRMAN TO SIGN. 23. Prison Health Services, Inc., contract amendments - minor amendments have been prepared for inclusion in the contract - action requested - APPROVE CONTRACT AMENDMENTS AND AUTHORIZE THE CHAIRMAN TO SIGN. 24. Community Living Center Agreement - an agreement has been prepared for residential mental health services providing for continuation of the Creekside treatment facility in Paradise in 1984-85 in the amount of $156,048 - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIRMAN TO SIGN. 25. 1984-85 Community Development Bloclc Grant Agreement -- an agreement has been prepared with the State Department of Housing and Community Development in the amount of $600,000 covering housing rehabilitation and public facility improvements in the Chapman- town area of Chico covering the period June 30, 1984 through March 30, 1986 - action requested - APPROVE GRANT AGREEMENT AND ADOPT RESOLUTION 84-141.AUTHORIZING THE CHAIRMAN TO SIGN. Pabe 216 August 2l, 1984 August 21., 1988 84-6b4 26. Communications. (Cont'd) a. C. W. Stanton, Sr., Magalia - writes concerning the delivery of unwanted or unsolicited materials - action requested - REFER TO CHIEF ADMINISTRATIVE OFFICER FOR RESPONSE. b. Kelly Meagher, Chico - requests the Berard to ask the Grand Jury to make an investigation concerning the initiation of the duplicate voter registration inquiries - action requested - ACCEPT FOR INFORMATION AND FORWARD COPIES TO COUNTY CLERK AND GRAND JURY. c. U.S. Department of Housing and Urban Development - writes concerning the county's waiver request .for single audit report in conjunction with the Community Development Block Grant Program -- action requested - ACCEPT FOR INFORMATION AND REFER TO AUDITOR AND CONNERLY & ASSOCIATES FOR A REPORT AND RECOMMENDATION. Motion: APPROVE CONSENT AGENDA S M Vote: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried} Regular Agenda 84-665 Designation. of lead agency for Forks of Butte Project (Water Right (111} Application 27815). Motion: AUTHORIZE LETTER TO STATE WATER RESOURCES CONTROL BOARD THAT COUNTY DOES NOT DESIRE TO BECOME LEAD AGENCY. 5 M Vote: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried) 84-666 Merit step advancement - the Chief Administrative Officer is eligible (195) for a merit step increase from Step C to Step D of Range 37.5 with an effective date of August 11, 1984. Motion: APPROVE MERIT INCREASE. S M Vote: l y 2 y 3 y 4 y 5 y (Unanimously carried} Fage 217 August 21, 1984 August 21, 1984 84-667 Additional item: (317} 1. Dick Puelicher gave a report to the Board on action being taken to protect the treasury against a potential problem investment. (REPORT RECEIVED. NO AC'T'ION TAKEN.) Regular Agenda 84-668 Presentation by Jerry Smith, farm advisor, on the water tour of (377} the Northern Sacramento Valley. Motion: AUTHORIZE LETTER TO COOPERATIVE EXTENSION SERVICE RECOGNIZING AND ENDORSING THIS EXCURSION. M S Vote: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously cazzied) 84--669 Report on bid opening - Butte County Jail Improvement Projects. (980) Motion: AWARD BID NO. 8-85 TO HESTLER`S ROOFING OF SACRAMENTO TN THE AMOUNT OF $156,818 (ALTERNATE 2 ROOF SYSTEM, LESS ALTERNATE 3); AWARD BID NO. 9-85 TO MCCLELLAND ATR CONDITIONING IN THE AMOUNT OF $44,724; AND DIRECT PREPARATION OF' A BUDGET TRANSFER IN THE AMOUNT OF $58,542 FOLLOWING ADOPTION OF THE BUDGET. S M Vote: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried) $4-670 Discussion of arguments in favor of the advisory ballot measure (1041) for extended police services. Motion: APPROVE SUPERVISOR FULTON'S EDITED VERSION OF 'THE BALLOT MEASURE ARGUMENT AND AUTHORIZE CHAIRMAN TO SIGN, AND REQUEST THE SHERIF'F' TO SIGN. S M Vote: l Y 2 Y 3 Y 4 Y S Y (Unanimously carried) 84-671 Consideration of resolution to delete the requirement for SC-250 (1144) prime coat (penetration treatment) from RS-7, RS-7A and RS-9-LD T road standazds. (from 8/14/84) (CONTINUED TO ALLOW TIME TO READ REPORT FROM LAND DEVELOPMENT COMMISSION) Page 218 August 21, 1984 August 21, 1984 84-672 Status regart on Caunty Service Areas 87 and 89. (from 7/24/84) (1168) (CONTINUED TO SEPTEMBER 25, 1984. SUPERVISOR DOLAN TO ARRANGE A COMMUNITY MEETING PRIOR TO THAT TIME.) Public Hearings and Timed Items 84-673 Lincoln Development Company - appeals the Advisory Agency's Condition (1$83) No. 7 relating to road widths on The Pacesetter Estates Tentative Subdivision Map, AP 44-~01-58, AP 44-02-72 and 73, 29 lots, property located an the west side of Hicks Lane, approximately 2400 feet north os Sycamore Drive, Chico. Motion: UPHOLD THE APPEAL TO ALLOW 18'.ROAD WIDTHS FOR THE PRIVATE ROARS WITHIN THE INTERIOR OF THE PROPOSED PROJECT, NOTING THEY ARE PRIVATE ROARS AND WILL BE MAINTAINED BY THE HOMEOWNERS ASSOCIATION, STIPULATING THAT ALL OTHER CONDITIONS OF PUBLIC WORTCS, ITEMS 1 THROUGH 21 AND HEALTH DEPARTMENT CONDITIONS 22 THROUGH 25 AND SEVEN OTHER MITIGATION MEASURES MUST SE ADHERED TO BEFORE FINAL. APPROVAL. PUBLIC WORKS CONDITION NO. 7 AMENDED TO ALLOW 18' ROAR WTBTHS. M S Vate: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried) 8.4-674 Edward Surminsky -~ appeals the Advisory Agency's Condition No. 3 (2238) (provide permanent solution for drainage) on a tentative parcel map., AP 42-03-61, four parcels, property located on the northwest corner of Henshaw and Cussick Avenues, Chico. Motion: UPHOLD THE APPEAL ON CONDITION NO. 3; ALL OTHER CONDITIONS WILL APPLY. M Vote l Y 2 N 3 Y RECESS; 10:27 a.m, 5 4 Y 5 N (Matian carried RECONVENE: 10:46 a.m. Regular Agenda 84-675 (2755) Discussion of arguments in favor of the advisory ballot measure for extended police services. (SUPERVISOR FULTON INFORMED THE BOARD THAT THE BALLOT MEASURE ARGUMENT ADDPTED EARLIER IN THE MEETING [MINUTE ORDER 84-670] WAS THIRTEEN WORDS TOO LONG, AND RECOMMENDED DELETING THE LAST SENTENCE,) Page 219 August 21, 19$4 August 22, 19$4 84--676 Motion: APPROVE BALLOT MEASURE ARGUMENT WITH THE LAST SENTENCE DELETED. (Cont'd) S M Vote: I Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried) Public Hearings and Timed Items $4-677 Barnhart-Brown. & Associates - on behalf of Orval Dodge, appeal the: (2819) Advisory Agency's denial of a tentative parcel map (item on which a mitigated negative declaration is recommended), AP 71-01--68 & 70, ** three parcels for property located at the intersection of Encina 00 Grande Road and Deer Meadow Road in the Berry Creek area. Motion: I WOULD MOVE AND NOTE THAT REQUIREMENTS OF THE CALIFORNIA ENVIRON- MENTAL QUALITY ACT .HAS BEEN COMPLETED AND CONSIDERED IN MAKING THIS DECISION; ADOPT A NEGATIVE DECLARATION REGARDING ENVIRONMENTAL IMPACT, AND FIND THAT WHEN TkIE LEGISLATURE MANDATED THE DEPARTMENT OF FISH AND GAME TO MANAGE THE STATE'S DEER HERbSr THEY DID NOT GIVE THEM THE POWER TO REZONE OR CONDEMN PRIVATE PROPERTY FOR USE A5 WILDLIFE PRESERVES; NOTE THAT THE DEPARTMENT OF FISH AND GAME HAVE NOT GIVEN ANY INFORMATION TO SUBSTANTIATE THEIR CLAIM THAT THERE THESE THREE PARCELS WILL HAVE A SUBSTANTIAL ENVIRONMENTAL IMPACT. THE CREATION OF PARCELS THIS SIZE TN THIS AREA WOULD NOT CAUSE A BARRIER TO DEER MIGRATION. DUE TO .THE TOPOGRAPHY THERE WILL BE A NATURAL LIMITING EFFECT ON THE NUMBER OF PARCELS IN THE AREA RESULTING IN LARGE UNDEVELOPED AREAS FOR DEER MIGRATION AND WILDLIFE HABITAT. I FIND THAT THIS AREA IS ZONED FOR THIS TYPE OF RURAL RESIDENTIAL DEVELOPMENT. THERE ARE PARCELS OF THIS SIZE AND SMALLER THAT ALREADY EXIST IN THE AREA AND IT WOULD BE UNREASONABLE TO DENY THIS PROPERTY OWNER THE SAME RIGHTS ENJOYED BY OTHERS. I FIND THAT THE PROJECT CONFORMS TO THE BU'T'TE COUNTY GENERAL PLAN AND UPHOLD THE APPEAL OF THE ADVISORY AGENCY'S DENIAL OF A TENTATIVE PARCEL MAP FOR ORVAL DODGE, AP 71-O1-68 AND 70, CREATING THREE PARCELSr ONE. TWENTY-ACRE PARCEL, ONE TWENTY-FIVE-ACRE PARCEL, AND ONE THIRTY-THREE-ACRE PARCEL, WITH PUBLIC WORKS CONDITIONS THROUGH 9, ENVIRONMENTAL HEALTH CONDITIONS 10 AND 11, AND MITIGATIONS RECOMMENDED BY THE PLANNING DIRECTOR'S REPOR'T' OF JULY 2, 1984. M S Vote: l Y 2 Y 3 Y 4 Y 5 N (Motion carried) Page 220 August 21, 1984 August 21, 1984 Regular Agenda 84-678 Consideration of request for proposal - technical assistance regarding (84) data processing services in Butte County. Motion: AUTHORIZE ISSUANCE OF REQUEST FOR PROPOSALS. M S Vote: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried) 84-679 Discussion of report concerning Greater Chico Chamber of Commerce's (135} request that the Board write a letter of protest on the abandonment of the Stirling City Branch Railroad serving the lower Skyway area. (from 7/24/84} {CONTINUED TO LATER IN THE MEETING} Public Hearings and Timed Items 84-680 Consideration of resolution authorizing eminent domain for acquisi- (177} tion of property on Eaton Road, Project No. 59171-83-1 (parcel 8 - John Shelton, William St. Clair and Ken Baker} Motion: ADOPT RESOLUTION 84-142 AUTHORIZING EMINENT DOMAIN FOR ACQUISITION OF PROPERTY. S M Vote: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried} 84-581 Recognition of persons wishing to speak: (241) 1, Michele Sealy - regarding the merit increase for the Chief Administrative Officer. (SUPERVISOR DOLAN ASSENT AT THIS TIME) Regular Agenda 84-682 Consideration of resolution to delete the requirement for SC--250 prime (318) coat (penetration treatment) from RS-7, RS-7A and RS-9-LD I road standards. (CONTINUED FROM EARLIER TN THE MEETING jMINUTE ORDER $4-671]) Motion: ADOPT RESOLUTION 84-143 ELIMINATING THE REQUTREMIIVT-FOR THE FRIME COAT ON GRAVEL ROADS, AS RECOMMENDED BY OUR LAND DEVELOPMENT COMMISSION. M S Vote: 1 Y 2 AB 3 Y 4 Y 5 Y (Motion carried} Page 221 August 21, 19$4 August 21, 1984 84-683 Discussion of report concerning Greater Chico Chamber of Commerce's (415) request that the Board write a letter of protest on the abandonment of the Stirling City Branch Railroad serving the lower Skyway area. (from 7/24/84) Motion: AUTHOR A LETTER TO THE PUC PROTESTING ABANDONMENT. M S Vote: 1 Y 2 AB 3 Y 4 Y 5 Y (Motion carried) RECESS: 11:11 a.m. RECONVENE: 11:16 a.m. (SUPERVISOR DOLAN PRESENT AT THIS TIME) Public Hearings and Timed Items 84-684 Dennis K. Ragain - appeals the Advisory Agency's requirement for (455) an environmental impact report for the Heritage Condominiums Tentative Subdivision, AP 44-21-39, which proposes 20 units on one lot, property located approximately 250 feet southwest of the intersection of Lassen Avenue and E1 Paso Way, on the southerly side of Lassen Avenue, Chico area. (CONTINUED CLOSED TO AUGUST 28, 1984) 84-685 D. Wilgus and Rose M. Durant - appeal the Advisory Agency's approval (889) of a condominium conversion for Bruce Zillmer.-(item which has been determined to be categorically exempt from environmental review), by parcel map, AP 40-223-07, one parcel with four units, property located on the south side of Campbell Street approximately 250 feet west of its intersection with Goodspeed Street, Durham area. Motion: DENY APPEAL, NOTING THAT THE PROJECT IS CATEGORICALLY EXEMPT FROM ENVIRONMENTAL REVIE4~T; APPROVE THE CONDOMINIUM CONVERSION FOR BRUCE ZILLMER ON AP 4©-223-07, APPROVAL SUBJECT TO PUBLIC WORKS CONDITIONS 1 THROUGH 12. S M Vote: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried} 84-686 Butte County Planning Commission - amendment to Butte County Code (1260} Section 24-37 (item determined to be categoriaally exempt from environ- mental review} non-conforming uses - clarifying definitions, continued use of non-conforming uses, substitution of residential non-conforming uses (including mobile homes}, abandonment, restoration, maintenance and repairs of non-conforming uses, effects of zone or code changes on previously issued building permits or use permits, effects on non-conforming uses by obtaining a use permit. Page 222 August 21, 1984 August 21, 1984 84-686 (Cont'd) 84-687 {1576) Motion: NOTING THAT THIS PROJECT I5 CATEGORICALLY' EXEMPT FROM ENVIRON- MENTAL REVIEW, ADAPT ORDINANCE 2426 AMENDING BUTTE COUNTY CODE SECTION 24-27 REGARDING NON-CONFORMING USES. M S Vote: lY 2Y 3Y 4Y RECESS: 11:50 a.m. RECONVENE: 1:48 p.m. (SUPERVISOR FULTON ABSENT AT THIS TIME} Recognition of persons wishing to speak: 5 Y (Unanimously carried) 1. Russ Croninger - requesting that the Board direct the Planning Commission to reinstate public hearings on the Compton, Trott and Scarlett rezone which had been approved and then rescinded because of a sewer problem. Motion: GIVE DIRECTION TO THE PT,ANNING COMMISSION TO INITIATE HEARINGS ON THIS PROJECT. S M Vote: l Y 2 Y 3 Y 4 Y 5 AB {Motion carried} 84-688 Soper-wheeler Company rezone (item determined to be categorically (1620) exempt from environmental review) from "A-2" (general} to "TP-160" (timber preserve - 160 acre parcels) located in the northeast 1/4 of Section 30, T20N, R8E MDB&M south of Lost Creek Reservoir, three miles northeast of Clipper Mills, identified as AP 73-06-18. Motion: NOSE THAT THE PROJECT IS CATEGORICALLY EXEMPT FROM ENVIRON- MENTAL REVIEW; FIND THAT THE PROJECT TS CONSISTENT WITH THE POLICIES OF THE BUTTE COUNTY GENERAL PLAN; AND ADOPT ORDINANCE 2427 APPROVING THE REZONE OF 120 ACRES TO TPZ-160 FOR AP 73-06-18, SOPER-WHEELER. M S Vote: l Y 2 Y 3 Y 4 Y {SUPERVISOR FULTON PRESENT AT THIS TIME} Page 223 5 AB (Motion carried} August 21, 1984. August 21, 1984 Closed Hearings 84-689 R.F.C. Surveyors, Inc. - on behalf of Doe Mill Vineyards, appeals (1701) the 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 8/7/84) 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 51-O1-143, three parcels, property located on both sides of Doe Mill Ridge, approximately 80.0 feet north of Hummer Road, Doe Mill Ridge area. (from 8/7/84) County Service Area No. 89 - Rock Creek/Nord Area Drainage. The Board of Supervisors initiated the ,formation of County Serv~.ce Area No. $9 by Resolution No. $3-137. The Butte County Local Area Formation Commission authorized the Board to hold the hearing at their September 1, 1983, meeting. (from 7/24/84) (DOE MILL VINEYARDS AND LARRX LUDWTG HEARINGS CONTINUED TO AUGUST 28. COUNTY SERVICE AREA 89 HEARING CONTINUED TO SEPTEMBER 25, 1984.) CLOSED 5ESSION; The Board recessed at 1:54 for a closed session on litigation. RECONVENE: The Board reconvened at 2:15 g.m. Public Hearings and Timed Items 84-690 South Fork Developers (Sill Cottingham) - appeals the Planning (1753) Commission's denial of a rezone (item on which an environmental impact report was previously certified) from "A-2" (general) to "PUD" (planned unit development) to develop a 110-tat residential development on 110 acres, property located on the east side of Midway at Mary Sill Ranch Road, identified as AP 40-02-116, Chico. Motion: THIS ITEM IS ABSENT A GENERAL PLAN CHANGE, AND AT THIS TIME THE REZONE IS NOT CONSISTENT WITki THE GENERAL PLAN; DIRECT THE BACK TO THE PLANNING COMMISSION TO BE HEARD FOR A GENERAL PLAN CHANGE, COVERED UNDER CODE SECTION 65356.1. ON SEPTEMBER lD, AND SUBMIT A REPORT BACK TO THE-BOARD ON SEPTEMBER i8, SO THAT THE BOARD COULD CONSTDER.BOTH ISSUES AT ONE TIME. Page 224 August 2l, 1984 August 21, 19$4 M S 84-690 Vote: 1 2 3 4 5 (Cont'd) Motion amended; TO REFLECT THAT THE PLANNING COMMISSION WILL HOLD A PUBLIC HEARING ON SEPTEMBER 20 AND SUBMIT A REPORT BACK TO THE BOARD ON SEPTEMBER 25. M S Vote: l Y 2 N 3 Y 4 Y 5 Y {Motion carried) (THIS HEARING ON THE ZONING CONTINUED TO SEPTEMBER 25, AT 1D:00 A.M.; AT THAT TIME IT WILL BE CONTINUED TO THE DATE~WHICH IS SET FOR THE HEARING ON THE GENERAL PLAN CHANGE.) 84-591 Additional items from Board members: (2302) 1. Supervisor Wheeler would like for the Board to pass a resolution recognizing the years of service that KHSL has given to the North Valley. She would like to present it to them at the grand opening on September 19. Motion: ADOPT RESOLUTION 84-144. M S Vote: l Y 2 Y 3 Y 4 Y 5 Y {Unanimously carried) 2. Supervisor Dolan would like to appoint a proxy to attend the Sacramento Valley Basin Water and Air Pollution Control meeting on September 7 in Yuba City. Motion: GIVE PROXY TO JOE BANDY. M S Vote: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried) CLOSED SESSION: The Board recessed at 2:30 p.m. for a closed session on potential litigation and litigation. RECONVNE: The $oard reconvened at 3:00 p.m. Page 225 August 2i, 1984 August 21, 1984 AA70URNMENT: There being nothing further before the Board at this time the meeting was adjourned at 3:02 p.m. ~.~_ ,~ Chairman, Board of Supervisors AT'T'EST: MARTIN J. NTCHOLS Chief Administrative Officer and Clerk of the Board of Supervisors Deputy Page 226 August 21, 1984