HomeMy WebLinkAboutM101684October 16, 1984
Call to order - Aoard 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; Dei Siemsen, county
counsel; and Rubye Townsley, deputy cleric of the Board.
Absent: Supervisor Dolan,
Pledge of allegiance to the Flag of the united States of America.
Invocation - Supervisor Moseley.
84-718 Additional items from Board members to be addressed at the end of the
(28} day.
i. Supervisor Wheeler reported that Superior Water will be having
a dinner meeting at La Hacienda in Chico on November 7 and felt
Sward members should attend and that a special invitation be issued
to Water Commission members also. {STAFF TO NOTIFY WATER
COMMISSION MEMBERS.)
84-719 ztems removed from the Consent Agenda for separate consideration.
(55}
1. 1985-86 Maternal, Child and Adolescent Health Multi-year Plan
Update.
84-720 Consent Agenda
(b0)
1. Approval of minutes - October 9, 1984. APPROVED MINUTES.
Page 282
October 16, 1984
84-720 2. Budget transfers. APPROVED BUDGET .TRANSFERS 8-45, B-46 AND B-48.
(Cont'd)
3. Millard C. Sturgeon -~ appeals the Planning Commission's revocation
of Chester M. Sturgeon use permit to allow an auto wrecking yard
on property zoned M-~2 (heavy industrial) property located on the
northeast corner of Ophir Road and Feather River Blvd., identified
as AP 36-50~-06, 27 and 2$, Oroville. PUBLIC HEARING DATE SET
FOR NOVEMBER 6, 1984, AT 10:00 A.M.
4. Butte County Planning Commission --proposed negative declaration
regarding environmental impact and amendment to the Butte County
Code Section 24-126 (E} (2) (PUD) clarifying requirements for
recreation or park area by revising the section of the code.
PUBLIC HEARING DATE SET FOR NOVEMBER 6, 1984, AT 10:15 A.M.
5. Edward Johnson - abandonment of alleyway, western Pacific
Addition, between Wilson Street and Grace Street, identified
as AP 33-042, Biock 3, Oroville. ADOPTED RESOLUTION 84-153
SETTING PUBLIC HEARING DATE FOR NOVEMBER 13, 1984, AT 10:00 A.M.
6. Ordinance establishing sgeed 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
SECOND READING AND ADOPTED ORDINANCE 2435.
7. Penalty abatement requests - change of ownership reports. APPROVED
PENALTY ABA'T'EMENT REQUESTS FOR TI3E FOLLOWING: MR. AND MRS.
WILLIAM R. MATCH, AP 012-07-9-Dal--O; EUGENE F. SYLVA, III,
AP O13-09-2-009-0; WAYNE L. SCHWAS AND DANNY & LINDSAY RUDISILL,
AP 048-10-0-027-0; DANIEL W. KOWALL, AP 044-74-0-071-0;
LINDY G. BLAYLOCK, AP 072-12-0-OI8-0; MR. AND MRS. STEVE RIVAS,
AP 044-08-1-016-0; PHILLIS A. QUEEN, AP 041-11-0-I26-0;
GLORIA B. MALONEY, AP 040-06.0-034-0; MR. AND MRS. SHELTON ENOCHS,
AP 004-18-3-D06-0; JAMES E. CLARK,. AP 044-13-2-027-0; MR. AND MRS.
FREDDIE M. MANCHUR, AP -66-30--0-031-0; PAUL A. STROHMAN, AP 045-26-
0-048-0; MR. AND MRS. ROBERT MILES, AP 042-36-0-008-0; MR. AND MRS.
TIMOTHY CONGER, AP OOS-l7-4-018-0; FRED CROSTHWAITE, ET AL,
AP 071-01-0-051-0; MR. & MRS. ROBERT L. GEORGE, AP 028-13-0-026-0;
MR: & MRS. DANIEL J. SULLIVAN, AP 045-23-0-034-0; MR. AND MRS.
JQHN W. MARLER, ET AL, AP OSO-44-0-007-0; RALPH W. CARLSON,
AP 029-09-0-043-0; TAUNJA HOLLOWAY, AP 039-27-0-108-0; SAM AND
JUNE INTERMILI,, AP 053-16-1-022-0; MR. AND MRS. JEFFREY D. DATWYLER,
AP 069-22-0-051-0; MR. AND MRS. STEVEN DICK, AP 035-08-4-O11-0;
JANET H. FLORI, AP 036-40-3-012-0; JAMES P. WUNSCH, AP 043--31-0-
022-0; MR. AND MRS. RICHARD L. ROSE, AP 031-23-1-009-0;
JAMES MICHAEL PAIVA, AP 047--15-0.070-0; M/M BENJAMIN HOWELL,
AP 059-OS-9-008-0; JACK OXBORROW, AP 036-28-0-013-0; BOYD J. LEPPERT,
Page 283
October l6, 1984
84-720 AP 071-01-117-0; DALE LaROSE, AP.033-23-3-036-0; ARTHUR KERMOYAN,
(Cont'd) AP 069--22--0-026-0, 069-30-0--039-0; .MR. AND -MRS. LUCIAN E. TIELENS,
AP 013-28-9-049-0, 013-28-0-049-0, 013-38-0-059-0; MIC~IAEI, McNAIR,
AP 042-01-~0--075-0, 042-O1-0-076-0; .LINDSAY & DANNY RUDISILL,
AP 048-10-0-027-0 (TWO REQUESTS: SERIAL NO. 84-11207 AND S.)
8. Alternate provision - availability of Berard summaries - a resolu-
tion has been prepared to implement provisions of Government
Code Section 25150, as amended, providing for an alternate
procedure for making available summaries of Board of Supervisors'
proceedings, to be effective January, 1985. ADOPTED RESOLUTION
84-164, AND AUTHORIZED THE CHAIRN~AN TO SIGN.
9. 1984-85 County Health Services Plan and Budget - the plan and
budget have been prepared for submission to the State Department
of Health Services in accordance with provisions of the Welfare
and Institutions Code and provide for a maximum allocation of
$1,277,567 to cover a portion of the anticipated costs during the
year. APPROVED 1984 HEALTH SERVICES PLAN AND BUDGET, AUTHORIZED
THE CHAIRMAN TO SIGN THE CERTIFICATION OF THE PLAN AND BUDGET
AND AUTHORIZED THE DIRECTOR OF HEALTH SERVICES TO SUBMIT TkiE
PLAN AND BUDGET TO THE STATE.
10. RFC Surveyors,-- on behalf of Frank Brazell, appeals the Advisory
Agency's denial of appeal of the requirement for an environmental
impact report on tentative parcel map, AP 44-78-05, dividing
1.96 acres into four parcels, property located on the north side
of Lassen Avenue, approximately 2100 feet west of Esplanade,
Chico area. PUBLIC HEARING DATE SET FOR NOVEMBER 6, 19$4, AT
10:15 A.M.
11. Communications.
a. Ellen Holm, Paradise - writes favoring recommendations by the
ad hoc committee regarding deer herd populations. ACCEPTED FOR
INFORMATION.
b. Town of Paradise - writes requesting the Board oppose
elimination of the Justice Court in Paradise. ACCEPTED FOR
INFORMATION PENDING RECEIPT OF STATE JUDICIAL COUNCIL'S STUDY.
Motion: APPROVED CONSENT AGENDA.
M
Vote: 1 Y 2 AB 3 Y 4 Y
Page 284
S
5 Y {Motion carried)
October 16, 1984
4
Regular Agenda
84-721 1985-86 Maternal, Child and Adolescent Health Multi-year Plan Update -
(74} the plan has been prepared for .submission to the State Department of
Health Services for Family Planning, $47,951; Women, Infants and
Children's Program, $109,902;. Crippled Children Services, $485,000;
and Dental Health, $22,500 (County funds, $138,750). (REPORT GIVEN
BY HEALTH SERVICES DIRECTOR DR. AL RAITT ON THE EFFECTS PROPOSITION
41 WOULD HAVE ON THIS PROGRAM.}
(SUPERVISOR DOLAN FRESENT AT THIS .TIME.)
Motion: APPROVED PLAN UPDATE AND AUTHORIZED THE CHAIRMAN TO SIGN
THE PLAN.
M S
Vote: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
84-722 Resolution approving agreement with Douglas Starr, et al, relating
(392) to reclassification of zoning.
Motion: ADOPTED RESOLUTION 84--165, AND AUTHORIZED THE CHAIRMAN TO SIGN.
M S
Vote: i Y 2 N 3 Y 4 Y 5 N (Motion carried)
84-723 Report from Planning Director to have environmental impact reports
(450) prepared for South Chico, Heidinger Sweet Nectar and Bell Muir areas,
Chico.
Motion: DIRECTED PLANNING DIRECTOR TO PROCEED WITH PREPARING REQUESTS
FOR PROPOSALS FOR SOUTkI CHICO AND HEIDINGER SWEET NECTAR.
M S
Vote: l Y 2 N 3 Y 4 Y 5 N (Motion carried)
84-724 Report from Chief Administrative Officer on Intergovernmental Relations
(567) Committee meeting of October 11, 1984, regarding nitrates.
Motion: AUTHORIZED MR. VANHART TO HONOR THE SEWAGE DISPOSAL APPLICA-
TIONS RECEIVED FOR PREVIOUSLY APPROVED PROJEC'T'S OR PROJECTS
UNDER CONSIDERATION FOR APPROVAL AND MEETING THE SEWAGE
DISPOSAL REQUIREMENTS FOR SINGLE FAMILY RESIDENTIAL SUB-
DIVISIONS CONTAINED IN APPENDIX VII OF OUR LAND DIVISION
REGULATIONS. AUTHORIZED SUBMISSION OF PROPOSAL TO MR. CROOKS
O,F WATER QUALITY CONTROL BOARD WITH REGARD TO THE INTERIM
STANDARD - THREE UNITS PER ACRE - AND THAT WE CONTINUE TO
NEGOTIATE AND TO FINALIZE AN ACTION PLAN WITH THE CITY OF
CHICO, AND IF IT IS WITHIN THEIR PURVIEW TO NOT BE SUPPORTIVE
OF OUR ACTION THEN WE MUST GO THIS ONE ALONE, CONSIDERING THE
GREATEST MAJORITY OF THE LAND MASS IS WITHIN THE COUNTY'S PURVIEW.
Page 285
October 16, 1984
M S
84--724 Vote: 1 2 3 4 5
(Cont'd}
Motion amended: CLARIFIED THAT APPROVAL BE GIVEN TO THOSE THAT
MEET THE REQUIREMENT AS 5ET BY OUR S'T'ANDARDS AND IF THEY
DON'T, THEN THESE PEOPLE BE ABLE TO PETITION DIRECTLY TO
STATE WATER QUALITY.
M S
Vote: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried}
Motion: DIRECTED STAFF TO WORK TOWARD SCHEDULING HEARINGS ON THE
DRAFT ACTION PLAN ON THURSDAY EVENINGS, JANUARY 17 AND
JANUARY 31, TO BE HELD JOINTLY WITH CHICO CITY COUNCIL-
M S
Vote: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried}
Motion: AGREED TO A MEETING WITH CHICO WITH A SPECIFIC AND AGREED-
UPON AGENDA, AND TO DEVELOP THAT AGENDA ON ISSUES OF CONCERN
AT THE NEXT MEETING OF THE INTERGOVERNMENTAL RELATIONS
COMMITTEE.
M S
Vote: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
RECESS: 9:52 a.m.
RECONVENE: 10:06 a.m.
Public Hearings and Timed Items
84-725 Renaming o~ Timothy Road (from Larkin Road to end} to Rabe Road.
{1572)
Motion: ADOPTED RESOLUTION 84-166. .RENAMING ROAD.
M S
Vote: l Y 2 Y 3 X 4 Y 5 Y {Unanimously carried)
84-726 Consolidation of Oroville and Wyandotte Cemetery Districts.
(1699)
Motion: ADOPTED RESOLUTION 84-167 APPROVING CONSOLIDATION.:
S M
Vote: 1 Y 2 Y 3 Y 4 Y 5 Y {Unanimously carried)
Page 286
October 16, 1984
84-727 Formation of Rock Creek Reclamation District. (CONTINUED OPEN TO
(1842} OCTOBER 23 .AT 11:15 A.M.)
Closed~Hearings
84-728 Board of Supervisors (South Fork Developers) - General Plan amendment
(2233) 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 Chaco. identified as AP 40-02-116
(from 10/9/$4)
South Fork Developers (Bill Cottingham) - appeal the Planning 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 11D--lot residential development on 110 acres,
property located on the east side of Midway at Mary Bill Ranch Road,
identified as AP 4D-02-116, Chico {from 10/9/84)
(BOTH HEARINGS CONTINUED TO OCTOBER 23, 1984.
Motion: SET PUBLIC HEARING DATE FOR THE TENTATIVE SUBDIVISION MAP
FOR OCTOBER 30, 1984, AT 11:30 A.M.
M S
Vote: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried}
RECESS: 1D:25 a.m.
RECONVENE: 1D:38 a.m.
Public Hearings and Timed Items
84-729 R. Miles Allen - appeal of the requirement for an environmental impact
(2295) report for a General Plan amendment from orchard and field crop to
** agricultural-residential on property located on the east side of
00 McAnarlin Avenue, 1/2 mile south of Roble Road, identified as
AP 39-23-110, Durham. (CONTINUED CLOSED TO OCTOBER 30, 1984.)
84-730 Continued hearing - Barnhart-Brown and Associates, an behalf of
(219) Charles Hermann, appeal of the 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 Oroville-Quincy Highway, $00 feet east of Bald Rock
Road in the Bald Rock area (from 10/9/84)
Page 287
October 16, 1984
84-730 Motion: NOTED THAT THE REQUIREMENTS OF THE CALIFORNIA QUALITY ACT
(Cont'd) HAVE BEEN COMPLETED ANB CONSIDERED IN MAKING THIS DECISION;
ADOPTED A NEGATIVE DECLARATION REGARDING ENVIRONMENTAL IMPACT
NOTING THAT THE DEPARTMENT OF FISH AND GAME HAS NOT SUPPLIED
ANY DATE TO SUBSTANTIATE ITS CLAIM THAT THESE ADDITIONAL
PARCELS WILL HAVE A SUBS'T`ANTIAL ENVIRONMENTAL IMPACT. THE
CREATION OF PARCELS OF THIS SIZE IN THIS AREA WILL NOT CAUSE
A BARRIER TO DEER MIGRATION. FOUND THAT THIS AREA TS ZONED
FOR THE TYPE OF DEVELOPMENT PROPOSED AND THAT THERE ARE
ALREADY PARCELS OF SIMILAR SIZE IN THE AREA. IT WOULD BE
UNREASONABLE TO DENY THIS PROPERTY OWNER THE SAME RIGIiTS
ENJOYED BY OTHERS. FOUND THAT THE FROJECT CONFORMS TO THE
BUTTE COUNTY GENERAL PLAN AND UPHELD THE APPEAL OF THE
ADVISORY AGENCY'S DENIAL OF A TENTATIVE PARCEL MAP FOR
CHARLES HERMANN, AP 61-03-43, CREATING FOUR PARCELS,
WITH PUBLIC WORKS CONDITIONS 1 THROUGH 11 AND ENVIRONMENTAL
HEALTH CONDITIONS 12 THROUGH 18.
M S
Vote: l Y 2 N 3 Y 4 Y 5 N (Motian carried)
84-731 Clyde Harris, Chica - appeal of the Planning Commission's dental of
{426 a use permit {item determined to fie categorically exempt from environ-
mental review) to allow an on-site sign 40 feet from the centerline of
Tom Polk Avenue on property zoned R-1 {single family residential)
located at the northeast corner of Tom Polk Avenue and East Avenue,
identified as AF 44-24-58, Chico.
Motion: NOTED THAT THE PROJECT IS CATEGORICALLY EXEMPT FROM ENVIRON-
MENTAL REVIEW. FOUND THAT THE PROJECT WILL NOT IMPAIR THE
INTEGRITY AND CHARACTER OF THE ZONE IN WHICH THE LAND LIES
AND THAT THE USE WILL NOT BE UNREASONABLY INCOMPATIBLE WITH
OR TNJURTQUS TO THE 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. APPROVED THE USE PERMIT
TO ALLOW A SIGN WITHIN THE SETBACKS OF THE TOM POLK AVENUE
AND EAST AVENUE ON AP 44-24-58 (CLYDE HARRIS) SUBJECT TO
CONDITIONS 1 THROUGH 5 AS LISTED ON THE MEMO FROM PLANNING
DATED OCTOBER 10, 1984.
M S
Vote: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
84-732 Recognition of persons wishing to speak. (NO ONE APPEARED).
(621)
Page 288
October 16, 1984
84-733 Ron Graves & Associates - on behalf of Carl Ritchey, appeal of the
(637) Advisory Agency's denial of a tentative parcel map (item for which
a mitigated negative declaration has been recommended}, AP 71-01-99,
to create four parcels of 10 acres of 10 acres ~ each on the corner
of Deer .Meadow Road and Dounacauntre Lane, approximately 3000 feet
southwest of the intersection of~Deer Meadow Road and Encina Grande
Road, Berry Creek area,
Motion: NOTED THAT THE REQUIREMENT OE THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT HAVE BEEN COMPLETED AND CONSIDERED IN MAKING THIS
DECISION. ADOPTED A MITIGATED NEGATIVE BECLARATION REGARDING
ENVIRONMENTAL IMPACT, NOTING THAT THE DEPARTMENT DF FISH ANA
GAME HAS NOT SUPPLIED DATA TO SUBSTANTIATE ITS CLAIM THAT
THESE ADDITIONAL THREE PARCELS WILL HAVE A SUBSTANTIAL
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
zN THIS AREA WILL NOT CAUSE A BARRIER TO DEER MIGRATION.
THE MITIGATIONS PROPOSED BY THE APPLICANT ARE ADDED TO THE
PROJECT TO ADDRESS THE IMPACTS. FOUND THAT THIS AREA IS
ZONED FOR THIS TYPE OF RURAL RESIDENTIAL DEVELOPMENT. THERE
ARE PARCELS OF THIS SIZE IN THE AREA AND IT WOULD BE UN-
REASONABLE TD DENY THE 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 CARL RITCHEY,
AP 71-01-99, ADDING PUBLIC WORKS CONDITIONS 1 THROUGH 9,
ENVIRONMENTAL HEALTH CONDITIONS 10 THROUGH 13 AND PLANNING
DIRECTOR'S CONDITION 15 TO THE PROJECT, AND MITIGATION
MEASURES 1 THOUGH 7 AS LISTED ON THE MEMO FROM PUBLIC WORKS
DATED OCTOBER 11, 1984.
M S
Vote: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried}
84-734 G.D.A. Engineering - on behalf of Terry Greerty, appeal of the Advisory
(936) Agency's denial of a tentative parcel map (item on which previously
certified environmental impact reports are being utilized), AP 28-17-07
and 72--39-03, ~0 parcels approximately 1000 feet north of the intersection
of Hurleton-Swedes Flat Road and Swedes Flat Road, Swedes Flat area.
Motion: MADE A MOTION OF INTENT TO UPHOLD APPEAL ON TERRY GREERTY
TENTATIVE PARCEL MAP, AND CONTINUED HEARING TO OCTOBER 23
FOR FINAL MOTION.
M S
Vote: 1 Y 2 N 3 Y 4 Y
Page 289
5 N (Motion carried}
DGtaber 16, 1984
Ai7J0E3R~]M~]T: There being nothing further before the Board at this
time the meeting was adjourned. at 11:35 a.m. to reconvene
on October 23, J.984, at 9:00 a.m.
Chairman, Board of Supervisors
ATTEST:
MARTYN J. NICHOLS
Chief Administrative Officer and
Clerk of the Board o£ Supervisors
BX ' C~t~P.Y-cry
Page 290
October 15, 2984