HomeMy WebLinkAboutM100984October 9,-1984
Ca11 to order - Board of Supervisors Room, County Administration
Building, 25 County Center Drive, Oroville.
Present: Supervisors Dolan, Fulton, Moseley, Wheeler and Chairman
Saraceni; Martin S. Nichols, chief administrative officer, Del Siemsen,
county counsel; and Rubye Townsley, deputy clerk of the Board.
Pledge of allegiance to the Flag of the United States of America.
Invocation - Supervisor Wheeler (IN MEMORY OF ALAMEDA COUNTY SUPERVISOR
DON EXCELL)
84-699 Additional items from Board members to be addressed at the end of the day.
1. Supervisor Wheeler requested a letter of "good luck" be sent to the
new Chico Chamber of Commerce manager.
2. Supervisor Wheeler wanted to discuss a report regarding California
Water Forum.
3. Mr. Nichols added another item to the Consent Agenda - cooperative
agreement between Department of Education and the County, JTPA Frogram.
84-700 Consent Agenda
1. Approval of minutes - October 2, 1984. APPROVED MINUTES.
2. Budget transfers. APPROVED BUDGET TRNASFERS 8-42, B-44, AND 8-47.
3. Lippincott-Guth Associates - on behalf of Patrick McGorky, appeal
the Advisory Agency's Condition No. 10 (provide culWde-sac at the
end of the street} and Condition No. 13 (access easement to be
50 feet in width) on tentative parcel map, AP 63-09-30 (portion),
two parcels, property located approximately 400 feet southeast of
the intersection of Clearcut Lane and Nopel Avenue, Forest Ranch
area. PUBLIC HEARING DATE SET FOR OCTOBER 23, 1984, AT 10:45 A.M.
Page 272
October 9, 1984
84-700 4. Scott Leuders, attorney at law - on behalf of Mark Berardi, submits
(Cont'd) a claim totaling $100,000 alleging personal injury resulting from
a vehicle accident at the intersection of Olive Highway and Miners
Ranch Road on June 23, 1984. REJECTED CLAIM AND REFERRED TO
COUNTY COUNSEL AND RISK MANAGEMENT COORDINATOR.
5. David A. Offutt, attorney at law ~- on behalf of Christa Elaine Chalmers,
submits a claim totaling $2,650,000 for alleged personal injury
resulting from a vehicle accident at the intersection of E1 Monte
Avenue and Highway 32 on July 2, 1984. Claim for damages is also
being socght from State of California, Department of Transportation.
REJECTED CLAIM AND REFERRED TO COUNTY COUNSEL AND RISK MANAGEMENT
COORDINATOR.
6, Amendments to Family Planning Contract No. 84-83543. APPROVED
AMENDMENTS AND AUTHORIZED THE CHAIRMAN TO SIGN.
7. Contract for oil and gas apprisal services with Harold W. Bertholf,
Tnc., for the period July 1, 1984, through June 30, 1987 (three
years) at a cost of $14,400 per year. APPROVED AGREEMENT AND
AUTHORIZED CHAIRMAN TO SIGN,
8. Law Library annual report. ACCEPTED FOR INFORMATION.
9. North Country tentative subdivision - developer requests a one-
year extension to complete project. APPROVED ONE-YEAR EXTENSION
AND AUTHORIZED CHAIRMAN TO SIGN NEW SUBDIVISION AGREEMENT SUBJECT
TO RECEIPT OF SATISFACTORY LETTERS OF CREDIT.
10. County ordinance establishing speed limit of 35 miles per hour
on Shasta Avenue from Esplanade to Monticello. Lane and also
on the Skyway from 500 feet north of Columbine Road to Ponderosa
Way. WAIVED FIRST READING OF THE ORDINANCE.
11. North Burbank Public Utility District - proposed annexation of
AP 36-05-56, approximately two acres of residential property to
the district. ADOPT RESOLUTION 84-I61 APPROVING PROPERTY TAX
EXCHANGE AGREEMENT PERMITTING ALL PROPERTY TAXES TO REMAIN WITH
THE COUNTY, AND AUTHORIZE THE CHAIRMAN TO SIGN RESOLUTION AND
AGREEMENT.
12, Senior Nutrition Program -audit report for fiscal year 1983-84.
ACCEPTED AUDIT REPORT.
13. Contract Amendment III, Energy Crisis Intervention Program
Contract Na. 83-8.44-104. APPROVED AMENDMENT AND AUTHORIZED
THE CHAIRMAN TO SIGN.
Page 273
October 9, 1984
84-700 14. Mental Health Department requests .authorization to purchase
(Cont'd) micro-computer system and associated equipment. Budget Transfer
B-47 provides the appropriation to purchase this equipment.
AUTHORIZED PURCHASE.
15. Communications.
a. William Dinsmore - Rolls, Anderson & Rolls, engineers -
submits blueprints and schedule of costs for development of Big
Chico Creek Estates, Unit No. 4. REFERRED TO PUBLIC WORFCS FOR
REPORT AND RECOMMENDATION.
16. Cooperative agreement between the State Department of Education,
Superintendent of Schools and the County regarding JTPA Program.
APPROVED AGREEMENT AND AUTHORIZED THE CHAIRMAN TO SIGN.
Motion: APPROVED CONSENT AGENDA.
S M
Vote: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
Regular Agenda
84-701 Welfare Director's report on feasibility of issuing invitation to bid
(82) on IHSS Program for 1985 and 1986.
Motion: ACCEPTED REPORT. APPROVED, IN CONCEPT, WELFARE DIRECTOR'S
REQUEST,, AUTHORIZING INVITATION TO SID.
M S
Vote: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
84-702 Status report on County S~:rvice Area 87 (Supervisor Wheeler} (from
(169} 9/25/84} (CONTINUED TO OCTOBER 30, 1984)
84-703 Report from County Counsel concerning levees on Nord/Gianella Road.'
(183)
Motion: INSTRUCTED COUNTY COUNSEL TO LEGALLY PURSUE THIS ISSUE
AND PREVENT DAMAGE TO COUNTY ROAD.
M S
Vate: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
Page 274
October 9, 1984
84--704 Discussion of Water Quality Control Board letter banning the issuance
{538) of septic tank permits in the Chico area where high nitrate concentrations
are found.
Motion: DIRECTED STAFF TO NEGOTIATE WITH REGIONAL WATER QUALTY CONTROL
BOARD TO IMPLEMENT INTERIM SEWAGE STANDARD FOR THE ENTIRE URBAN
AREA OF CHICO TO ALLOW PERMITS F'OR PROJECTS PRODUCING 1-,,ODD GAI,I.ONS
PER DAY PER ACRE, AND THAT .PROPOSED .NEW.CONST~RUGTION BE ON
COMMUNI'T`Y WATER SYSTEMS AND .STORM DRAINAGE SYSTEMS.
S M
Vote: l Y 2 Y 3 Y 4 Y 5 Y {Unanimously carried)
(SEE MINUTE ORDER 84-717 FOR FURTHER ACTION)
RECESS: 10:10 a.m.
RECONVENE 10:16 a.m.
Fublic Hearings and Timed Items
84--705 John Cunningham - abandonment of alley adjacent to AP 39-37-35, south
{2162) of Chico {from 9/24/84) (CONTINUED TO NOVEMBER 13, 1985, AT 10:00 A.M.)
84-706 Gounty Service Areas 18, 57, 83 and 85 service charges.
{22b8)
Motion: ADOPTED RESOLUTION 84-162.
S M
Vote: l Y 2 Y 3 Y 4 Y 5 Y {Unanimously carried)
84-707 A.C. Bruhns, civil engineer -- on behalf of John DeVries, appeals the
{2415) Advisory Agency's denial of a tentative parcel map (recommended mitigated
negative declaration regarding environmental impact), AP 41-01-86, two
parcels, property located approximately 6000 feet west of Dark Canyon
Road, bath sides of Yankee Vista Drive, Concow area.
Motion: NOTED THAT THE REQUIREMENTS OF THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT HAVE BEEN COMPLETED AND CONSIDERED IN MAKING THIS
DECISION. ADOPTED A MITIGATED NEGATIVE DECLARATION REGARDING
ENVIRONMENTAL IMPACTS, NOTING THAT THE DEPARTMENT OF FISH AND
GAME HAS NOT SUPPLIED ANY DATA TO SUBSTANTIATE ITS CLAIM
THAT THESE TWO PARCELS WILL RAVE A SUBSTANTIAL ADVERSE
ENVIRONMENTAL IMPACT. THE CREATION OF PARCELS THIS SIZE
IN THIS AREA WILL NOT CAUSE A BARRIER TO DEER MIGRATION AND
DWELLINGS~AND OTHER STRUCTURES ARE TO BE LOCATED IN THE
SOUTHERLY PORTION OF EACkI LOT {SOUTH .OF YANKEE VISTA DRIVE)
TO MITIGATE IMPACT ON WILDLIFE.
Page 275
October 9, 1984
84-707 FOUND THAT THE AREA IS ZONED FOR THIS TYPE OF RURAL RESIDENTIAL
(Cont'd) DEVELOPMENT. THERE ARE PARCELS OF THIS SIZE AND SMALLER THAT
ALREADY EXIST TN THE .AREA AND IT WOULD BE UNREASONABLE TO
DENY THIS PROPERTY OWNER THE SAME RIGHTS ENJOYED BY OTHERS.
FOUND THAT THE PROJECT CONFORMS TO THE BUTTE COUNTY GENERAL
PLAN AND UPHELD THE APPEAL OF THE ADVISORY AGENCY"S DENIAL OF
A TENTATIVE PARCEL MAP FOR JOHN DeVRIES, AP 41--D1-86, CREATING
TWO PARCELS WITH PUBLIC WORKS CONDITIONS, ENVIRONMENTAL HEALTH
CONDITIONS AND MITIGATION MEASURES IN MEMO FROM PUBLIC WORKS
DATED OCTOBER 4.
M S
Vote: l Y 2 Y 3 Y 4 Y 5 N (Motion carried)
84-708 Barnhart-Brown and Associates - on behalf of Robert Cowden, appeal the
(2806} Advisory Agency's denial of tentative parcel map (recommended mitigated
negative declaration regarding environmental impact}, AP 72-18--28, three
parcels, property located approximately 300.feet east of the intersection
of Oroville-Quincy Highway and Forbestown Raad, Oroville area.
Motion: NOTED THAT THE REQUIREMENTS OF THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT HAVE SEEN COMPLETED AND CONSIDERED IN MAKING THIS
DECISION. ADOPTED A MITIGATED NEGATIVE DECLARATION REGARDING
ENVIRONMENTAL IMPAC'T'S, NOTING THAT THE DEPARTMENT OF FISH AND
GAME HAS NOT SUPPLIED ANY DATA TO SUBSTANTIATE IT5 CLAIM THAT
THESE ADDITIONAL PARCELS WILL HAVE A SUBSTANTIAL ADVERSE
ENVIRONMENTAL IMPACT. THE CREATION OF PARCELS OF THIS SIZE
IN THIS AREA WILL NOT CAUSE A BARRIER TO DEER MIGRATION. THE
HOMESTTES WILL BE CLUSTERED TO MITIGATE IMPACTS ON WILDLIFE
AND THE APPLICANT WILL BE REQUIRED TO UTILIZE STANDARD EROSION
CONTROL MEASURES AND CONSTRUCTION TECHNIQUES TO MINIMIZE
CONSTRUCTION IMPACTS.
FOUND THAT THIS AREA IS ZONED FOR THIS TYPE OF RURAL RESIDENTIAL
DEVELOPMENT. THERE ARE PARCELS OF THIS SIZE AND SMALLER THAT
ALREADY EXIST TN THE AREA AND IT WOULD BE UNREASONABLE TO DENY
THIS PROPERTY OWNER THE SAME RIGHTS ENJOYED BY OTHERS.
FOUND THAT THE PROJECT CONFORMS TO THE BUTTE COUNTY GENERAL
PLAN AND UPHELD THE APPEAL OF THE ADVI50RY AGENCY'S DENIAL
OF A TENTATIVE PARCEL MAP FOR ROBERT COWDEN, AP 72-18-28,
CREATING THREE PARCELS WITH PUBLIC WORKS CONDITIONS, ENVIRON-
MEN'T'AL HEALTH CONDITIONS AND MITIGATION MEASURES IN MEMO FROM
~* PUBLIC WORKS DATED OCTOBER 4, 1984.
00
M S
Vote: l Y 2 Y 3 Y 4 Y 5 N (Motion carried}
Page 276
October 9, 1984
84-709 Additional item .from Planning Director.
(62)
Ronald Merlo - (item an which a requirement for an environmental impact
report is being appealed} - general plan amendment from orchard and
field crops to agricultural--residential - 1 acre parcels} located on
the south side of Oroville-Chico Highway approximately 1400 feet
east of Midway, identified as AP 40-06-04 (portion), Durham.
(from 9/25/84)
Motion: UPHELD APPEAL. DIRECTED STAFF TO PREPARE A NEGATIVE DECLARATION,
FINDING THAT THE GENERAL PLAN AMENDMENT WOULD NOT HAVE A
SIGNIFICANT EFFECT ON THE ENViRQNMENT,
S M
Vote: 1 Y 2 N 3 Y 4 Y 5 Y (Motion carried)
Public Hearings and Timed Items
84-710 Barnhart-Brown and Associates, on behalf of Charles Hermann, appeal the
(254} Advisory Agency's denial of a tentative parcel map, AP 61-03-43,
(recommended mitigated negative declaration regarding environmental
impact), three parcels, property located on the north side of Oraville-~
Quincy Highway, 800 feet east of Bald Rock Road in the Bald Rock area,
(CONTINUED TO OCTOBER 16, 19$4, AT 10:30 A.M,
84-711 George Robinson, attorney at law - on behalf of Louis Duncan, appeals
(311) the Advisory Agency's denial of a tentative parcel rnap (recommended
mitigated negative declaration regarding environmental review},
AP 58--52--04, four parcels, property located on the north side of
Highway 70, 800 feet east of Big Send Road, Concow area.
Motion: TO DENY APPEAL, BASED-ON. COMMENTS .FROM .THE DEPARTMENT
OF FISH . ANI} GAME.
M
Vate: 1 2 3 4 5
(MOTION DIES FOR LACK OF A SECOND.}
Motion: NOTED THAT THE REQUIREMENTS OF THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT HAS SEEN COMPLETED AND CONSIDERED IN MAKING THIS
DECISION. ADOPTED A MITIGATED NEGAT.IVE=DECLARATION REGARDING
ENVIRONMENTAL IMPACT, NOTING THAT THE DEPARTMENT OF FISH
AND GAME HAS NOT SUPPLIED ANY DATA TO SUBSTANTIATE ADVERSE
ENVIRONMENTAL IMPACT. 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. THE CREATION OF PARCELS OF THIS SIZE
Page 277
October 9, 1984
84--711 IN THIS AREA WOULD NOT CAUSE A BARRIER TO DEER MIGRATION.
(Cont'd} FOUND 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 SE UNREASONABLE TO
DENY THIS PROPERTY OWNER THE SAME RIGHTS ENJOYED SY OTHERS.
FOUND THAT THE PROJECT CONFORMS TO THE BUTTE COUNTY GENERAL
PLAN AND UPHELD THE APPEAL OF THE ADVISORY AGENCY'S DENIAL
OF A TENTATIVE PARCEL MAP FOR LOUIS DUNCAN, AP 58-52-04
CREATING FOUR PARCELS WITH PUBLIC WORKS CONDITIONS, ENVIRON-
MENTAL HEALTH CONDITIONS AND MITIGATION MEASURES IN MEMO
FROM PUBLIC WORKS DATE OCTOBER 4, 19$4.
M S
Vote: l Y 2 Y 3 Y 4 Y 5 Y (Motion carried)
Regular Agenda
84-712 Workshop on Proposition 41 (from 10/2/84}
(528}
Motion: EVENT ON RECORD AS STRONGLY OPPOSING PROPOSITION 41.
S M
Vote: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried}
Public Hearings and Timed Items
84-713 Recognition of persons wishing to speak. (NO ONE APPEARED)
(2108)
Closed Hearings
84-714 Eldon Sutton - appeals the Planning Commission's denial of a use permit
(2137) (item on which a negative declaration regarding environmental impact has
been recommended) to allow open storage and mini-storage as a home
occupation on property zoned A-5 (agricultural - 5 acre parcels) located
on the north side of Cosby Avenue, identified as AP 29-47-03, Chico
(from 10/2/84).
Motion: APPROVE THE USE PERMIT, FIND THAT THE REQUIREMENTS OF CEQA
HAVE SEEN CONSIDERED IN MAKING THIS DECISION AND ADOPT
A MITIGATED NEGATIVE DECLARATION, FINDING THAT THIS COULD
HAVE A ,S IGNIFICANTvEFFECT ON.:~.T~-IE ENVIRONMENT, BUT WILL NOT
Page 278
October 9, 1984
84-714 BECAUSE OF THE ADOPTED CONDITIONS THAT WILL BE PART OF THIS
{Cont'd) MOTION. I WOULD FIND .THAT THE PROPOSED USE WILL NOT IMPAIR THE
INTEGRITY AND CHARACTER OE .THE .Z ONE, WILL NOT BE UNREASONABLY
INCOMPATIBLE WITH OR IN~'URIQ[I5 TO SURROUNDING PROPERTIES OR
DETRIMENTAL TO THE GENERAL WELFARE OF PERSONS RESIDING IN THE
NEIGHBORHOOD OR THE COMMUNITY, AND APPROVE THE USE PERMIT WITH
THE CONDITIONS THAT WERE IN THE MEMO PROVIDED TO US WITH A
REPORT FROM PI,ANIVING WITH-THESE ADDITIONS: (13) LIMIT THE
USE TO THE THREE BUILDINGS, {14) ATTACH TO THE LEASE AGREEMII~]T
DUR ALREADY APPROVED AGRICULTURAL NUISANCE STATEMENT, AND (15)
INSTALL A SIGN AT THE EXIT OF THE PROPERTY THAT SAYS, "RIGHT
TURN ONLY."
M
Vote: 1 2 3 4 5
(MOTION DIES FOR LACK OF A SECOND.)
Motion: DENIED APPEAL.
M S
Vote: I Y 2 N 3 Y 4 Y 5 Y {Motion carried}
CLOSED SESSION: The Board recessed at 11:50 a.m, for a closed session
on litigation, followed by a lunch break.
RECONVENE: The Board reconvened at 1:35 p.m. (NO ANNOUNCEMENTS)
(SUPERVISOR FULTON ABSENT AT THIS TIME.)
Public Hearings and Timed Items
84-715 Board of Supervisors (South Fork Developers} - General Plan amendment
(2571) from orchard and field crop to agricultural--residential on property
zoned "A-2" (general), located on the east side of Midway at Mary Bill
*** Ranch Road, two miles south of Chico, identified as AP 40-02-116.
ooa
South Fork Developers (Bill Cattingham) - appeals the Planning
**** Commission's denial of a rezone (item on which an environmental impact
0000 report was previously certified} from "A-2" (general) to "PUD"
(planned unit development) to develop a 110-lot residential development
on 110 acres, property located on the east side of Midway at Mary
Bill Ranch Road, identified as AP 40-02-116, Chico (from 9/25/84).
Motion: MADE MOTION OF INTENT TO APPROVE GENERAL PLAN AMENDMENT
RESOLUTION, PUD REZONE ORDINANCE AND TENTATIVE SUSDIVTSION
MAP.
M S
Vote: l Y 2 N 3 Y 4 Y 5 AB (Motion carried)
Page 279
October 9, 1984
84-715 Motion: REFERRED DEVELOPMENT P:GREEMENT TO PLANNING COMMISSION TO
(Cont'd) BE HEARD ON OCTOBER 25, WITH A REPORT BACK TO THE BOARD
ON OCTOBER 30 TN ORDER FOR BOARD TO SET THE PUBLIC HEARING
DATE.
M S
Vote: 1 Y 2 Y 3 Y 4 Y 5 AB (Motion carried)
(FINALIZATION OF MOTION OF INTENT TO SE MADE ON OCTOBER 16, 1984.}
(PLANNING DIRECTOR TO BRING BACK A REPORT ON COST ESTIMATES FOR
ENVIRONMENTAL IMPACT REPORTS TO BE DONE ON SOUTH CHICO, HEIDINGER-
SWEET NECTAR AND BELL, MUIR FOR BOARD INITIATED GENERAL PLAN CHANGE
ON OCTOBER 16, 19$4.)
84-716 Additional items from Board members to be addressed at the end of
(1520) the day.
1. Supervisor Wheeler wanted the Berard to send a letter to new manager
of Chico Chamber of Commerce welcoming him and wishing him well
and extending cooperative hand.
Motion: AUTHORIZE LETTER TO HOWARD COLLINS.
S M
Vote: l Y 2 Y 3 Y 4 Y 5 AB (Motion carried}
2. Supervisor Wheeler wanted a letter sent to Jim Lynch, former chamber
manager, thanking him for his efforts on county committees, etc.
Motion: AUTHORIZE LETTER TO JTM LYNCH.
S M
Vote: l Y 2 Y 3 Y 4 Y 5 AB (Motion carried)
(SUPERVISOR MOSELEY ABSENT AT THIS TIME.)
Regular Agenda
84-717 Discussion of Water Quality Control Board letter banning the issuance
of septic tank permits in the Chico area where high nitrate concen-
trations are found. (SEE MINUTE ORDER 84--704)
Motion: ACKNOWLEDGED RECEIPT OF LETTER. AUTHORIZED MR. VANHART TO
OPERATE UNDER ITS TERMS UNTIL SUCH TIME A NEW AGREEMENT
CAN BE NEGOTIATED.
M S
Vote: l Y 2 Y 3 Y 4 AB 5 AB (Motion carried)
Page 280
October 9, 1984
ADJOURI3MENT: There being nothing further before the Board at this
time the meeting was adjourned at 4:20 p.m, to reconvene at
9:00 a.m, on October 16, I984.
L~~--- ..._,__ y
Chairman, Board of Supervisors
ATTEST:
MARTIN J. NICHOI,S
Chief Administrative Officer and
C~.erk of the Board of Supervisors
Sy:
Page 28,i
October 9 , 1.984