HomeMy WebLinkAboutM112784November 27, 1984
Ca11 to order - Board of Supervisors Room, County Administration
Building, 25 County Center Drive, Oroville.
Present: Supervisors Fulton, Moseley, Wheeler and Chairman Saraceni;
Martin ~. 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.
84-821 Additional items from Board members to be addressed at the end of the
day:
1. Supervisor Wheeler reported that she had been elected to the
CSAC Executive Committee and would report on the CSAC meeting at
a later date.
84-822 Items removed from the Consent Agenda for separate discussion,
1. Approval of minutes - November 13, 1984.
2. Budget Transfer B~68
3. Louis C. Camenzind, 3r. - appeals the Advisory Agency's approval
of SouthgatE Industrial Park Unit 2, tentative subdivision map.
4. Final map - Vineyard Vista Subdivision.
Page 331
November 27, 1984
84-823
(72) Consent Agenda
1. Budget transfers. APPROVED BUDGET TRANSFERS 8-76, B-78, 8-79,
B-8 0, B-81, B-8 2, B~-8 3 AND B-8 4 AND s--8 5.
2. Barnhart-Brown & Associates - on behalf of Bill Warshawer, appeal
the Advisory Agency's denial of a tentative parcel map {proposed
mitigated negative declaration regarding environmental impact),
AP 71-OS-20 {portion), four parcels, property located on the west
side of Ora-Quincy Highway 3,200 feet south of its intersection
with Foreman Creek Road, Berry Creek area. PUBLIC HEARING DATE
SET FOR DECEMBER 11, 1984, AT 10:45 A.M.
3. Appointment to Paradise Memorial Hall Committee. APPOINTED
DONOVAN MONTGOMERX, VETERANS OF WORLD WAR I DELEGATE, AND
ALBERT WALKER, VETERANS OF WORLD WAR I ALTERNATE DELEGATE;
GTLBERT BAILEY, VFW DELEGATE AND CHESTER PERRY, VFW ALTERNATE;
JOHN J. MONROE, DISABLED AMERICAN VETERANS DELEGATE, AND JAMES M. kIURST,
DISABLED AMERCCAN VETERANS, ALTERNATE.
4. Treasurer-Tax Collector and Assessor office hours -~ a resolution has
,been prepared extending office hours from 7:00 a.m. until 6:00 p.m.
during periods of tax collection (two weeks prior to and one week
after tax installment dates). ADOPTED RESOLUTION 84-182 AND
AUTHORIZED THE CHAIRMAN TO SIGN.
5. Report from Chief Administrative Officer on Nevada Gounty request
for contribution to offset prosecution costs. AUTHORIZED LETTER
DECLINING TO FINANCIALLY PARTICIPATE.
6. John M. Laplante, attorney at law -- on behalf of H&S Crocker Company,
files a claim far indemnification in Butte County Superior Court.
Action No. 84093, Williard Berry vs. Oroville Union High School
District, et al. REFERRED TO COUNTY COUNSEL AND RISK MANAGEMENT
COORDINATOR.
7. Erwin J. Gruenebaum - submits a claim in the amount of $10,000
as a result of alleged injuries sustained on an unstated date at
the Mental Health Crisis Center. DENIED CLAIM AND REFERRED TO
COUNTY COUNSEL AND RISK MANAGEMENT COORDINATOR.
8. Steven J. Howell, attorney at law - on behalf of Vallarie Siervonti,
files a claim in the amount of $1,000,000 as a result of alleged
damages sustained during the period August 10, 1984, through
October 25, 1984, while at the Butte County Jail. DENIED CLAIM
AND REFERRED TO COUNTY COUNSEL AND RISK MANAGEMENT COORDINATOR.
Page 332
November 27, 1984
84-823 9. George Savko, Karen Savko, Keli Savko, and Micki Savko - file claims
(Cont'd) in the amounts of $2,250,000, $2,250,000, $2,100,000 and $2,100,040
respectively, as a result of alleged injuries and damages sustained
on or about September 18, 1984, as a result of abandonment proceedings
before the Board of Supervisors. DENTED CLAIMS AND REFERRED TO COUNTY
COUNSEL AND RISK MANAGEMENT COORDINATOR.
10. Relief from accountability - Public Health Department - the department
requests relief from accountability for a water cooler (Asset No. 7823?
that is unrepairable and is to be used for surplus parts. AUTHORIZED
RELIEF FROM ACCOUNTABILITY.
11. Purchase of water cooler - the Health Department requests authori-
zation to acquire a water cooler in the amount of $355 with anticipated
savings in the department's fixed asset budget. AUTHORIZED PURCHASE
OF WATER COOLER.
12. Purchase of data processing equipment - the Welfare Department
requests acquisition of a terminal multiplexer and personal computer
package and required software at a cost of $7,500 in order to complete
the acquisition of equipment for implementation of the Welfare
automated accounting system. Budget Transfer 8-84 has been prepared
to provide the necessary appropriation. AUTHORIZED ACQUISITION OF
EQUIPMENT.
13. Retirement study -- the Public employees' Retirement System has
completed the actuarial study to determine the cost of implementing
the 4~ cost-of-living adjustment requested by the retired employee
associations. ACCEPTED FOR INFORMATION.
14. Salary ordinance amendment - an ordinance has been prepared creating
four new positions authorized by the Board to meet the requirements
of SB 813 and provides for several reclassifications to improve
county operations. WAIVED THE FIRST READING OF THE ORDINANCE.
15. Memorandum of Understanding - Law Enforcement Management - Supervisory
Unit - an MOU has been reached with the Law Enforcement and Supervisory
Unit for 1984-85. RA'T'IFIED THE MEMORANDUM OF UNDERSTANDING AND
AUTHORIZED THE CHAIRMAN TO SIGN.
16. Department heads health insurance -- the Memorandums of Understanding
with each of the four employee units provide the county will pay
the full cost of the 5'~o health insurance premium increase, to
be effective December 1, 1984. Department heads are not covered by
these agreements and special action is required to grant an equal
benefit. AUTHORIZED DEPARTMENT HEADS TO RECEIVE THE SAME INCREASE
IN COUNTY CONTRIBUTION TOWARDS THE HEALTH INSURANCE AS OTHER EMPLOYEES.
Page 333
November 27, 1984
84-823 17. Ordinance establishing speed limit - Public Works has completed
(Cont'd) traffic studies on the following roads and recommends they be speed
zoned for 25 miles per hour: Melvina Avenue (from Palermo Road
to South Vi11a Avenue), Irwin Avenue (from Palermo Road to South
Villa Avenue), Williams Avenue (from Melvina Avenue to Palermo-
Honcut Highway), and Ludlum Avenue (from Melvina Avenue to Palermo-
Honcut Highway). WAIVED THE SECOND READING AND ADOPTED ORDINANCE
2441.
18. Paradise Bluffs Assessment District - pursuant to the agreement with
Pacific Gas and Electric Company, as approved by Resolution 83-132,
PGandE has requested conveyance of underground facilities,
AUTHORIZED THE CHAIRMAN. AND CLERK OF THE BOARD OF SUPERVISORS TO
SIGN THE CONVEYANCE.
19. Contract Change Order No, 1, Chapman Area Improvement Project,
Phase II - CCO #1 in the increasing amount of $810.05 provides
for constructing paved sidewalks and landings to provide access
to some of the residential dwellings. Funds are available in the
original budgeted amount for the project. APPROVED CHANGE ORDER
AND AUTHORIZED THE CHAIRMAN TO SIGN.
20. Notice of Completion - Chapman .Area Improvement Project, Phase TI -
all work on the subject project has been completed in accordance
with plans and specifications. ACCEPTED PROL7'ECT AND AUTHORIZED
FILING OF NOTICE OF COMPLE'T'ION.
21. Improvement Standards - the Public Works Department requests an
amendment to Butte County Improvement Standards (Section 10.04-4.02C
and Standard 5-30) in order to comply with currently used values
and state requirements. ADOPTED RESOLUTION 84-183 AND AUTHORIZED
THE CHAIRMAN TO SIGN.
22. 1983-84 Community Development Block Grant Program Changes - Connerly
and Associates request changes in the 1983-84 CDBG Program in
Chapmantown which include: extension of the grant term, expansion
of the current target area, revision of the rehabilitation
activity to include reconstruction of units for which rehabilitation
is not feasible, and addition of neighborhood clean-up effort as a
new activity. There is no change in total grant funds. AUTHORIZED
LETTER TO HCD REQUESTING PROGRAM CHANGES BE APPROVED AND AUTHORIZED
THE CHAIRMAN TO SIGN.
23. Ordinance amending Section 19-14 of the Butte County Code relative
to sewage disposal systems. WAIVED THE FIRST READING OF THE ORDINANCE.
Page 334
November 27, 1984
84-823 24. Communications.
{Cont'd)
a. R. Gorrill Ranch Enterprises.- sends notification they da not
wish to renew the Williamson Act Contract on AP 39-40-005,
AP 39-41-001 and AP 39-40-032. ACCEPTED FOR FILING AND REFERRED
TO PLANNING DEPARTMENT AND ASSESSOR.
b. Department of Aging - requests the Board select an appropriate
committee to be the review and comment body for community--based
long term care in Butte County. REAFFIRMED DESIGNATION OF ADULT
DAY HEALTH CARE COUNCIL.
c. Governor's Office - submits information soliciting nominations
for the Stockton State Hospital Board. REFERRED TO MENTAL HEALTH
DIRECTOR AND MENTAL HEALTH ADVISORY BOARD FOR RECOMMENDATION.
d. Governor's Office - writes soliciting nominations for the
Napa and Sonoma State Hospital Boards, REFERRED TO MENTAL HEALTH
DIRECTOR AND MENTAL HEALTH ADVISORY BOARD FOR NOMINATIONS.
e. Maurice L. Norman, Paradise - writes requesting the county assist
in upgrading the gravel road through the State Wildlife Area southwest
of Oroville. REFERRED TO PUBLIC WORKS FOR RESPONSE.
f. Sandra A. Stack, Oroville - writes concerning her interest in
acquiring a portion of Wyandotte Creek Road and her interest in
negotiating the purchase. REFERRED TO PUBLIC WORKS DIRECTOR TO
INITIATE ABANDONMENT PROCEEDINGS AND NEGOTIATE TERMS OF SALE.
g. Zane W. de Arakal, assistant superintendent of schools/personnel -
forwards report of the Butte County Superintendent of Schools Screening
Committee and advises of first meeting of the Selection Committee.
ACCEPTED REPORT FOR INFORMATION AND AUTHORIZED LETTERS OF APPRECIATION
TO SCREENING COMMITTEE MEMBERS.
Motion: APPROVED CONSENT AGENDA.
S M
Vote: l Y 2 AB 3 Y 4 Y 5 Y {Motion carried)
Regular Agenda
84-$24 Approval of minutes - November 13, 1984. (MINUTE ORDER 84-798, ITEM NO. 4
(80) AMENDED TO REFLECT THE PUBLIC HEARING BATE FOR ZONING FOR DECEMBER 4, 1984,
AT 10:45 A.M. MINUTE ORDER 84-818, MOTION AMENDED TO, "ADOPTED ORDINANCE
2440, AS AMENDED. INITIATED. HEARINGS ON DEFINITION OF AGRICULTURAL PUD's."
A~NDED MINUTE ORDER 84-812~T0 INDICATE THAT MERLO GENERAL PLAN AMENDMENT .
WAS REFERRED TO THE-PLANNING COMMISSION.}
.._
;.....
Page 335
November 27, 19$4
(SUPERVISOR DOLAN PRESENT AT THIS TIME.}
84-824 Motion: APPROVED MINUTES, AS AMENDED.
(Cont'd)
M S
Vote: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
84-825 Budget Transfer 8-68. (NOT APPROVER AT TkiIS TIME.)
(157)
84-826 Louis C. Camenzind, dr. - appeals the Advisory Agency's approval of
{165) Southgate Industrial ParEc Unit 2, tentative subdivision map {draft
environmental impact report regarding environmental impact), AP 40-40-26
and 44 (portion), 24 lots, property located 1,000 feet southwest of
Highway 99 on the northwest side of Southgate Avenue, Chico area.
Motion: PUBLIC HEARING DATE SET FOR DECEMBER 11, 19$4, AT 10:15 A.M.
S M
Vote: l Y 2 Y 3 X 4 Y 5 Y (Unanimously carried)
84-827 Final map - Vineyard Vista Subdivision - the developer has provided
(303) bands to guarantee completion of construction of improvements and
maintenance of facilities for a period of one year starting November 20,
1984, on the 16-parcel subdivision, AP 56-24-88, $9, 90 and 9I, located
on the east side of State Highway 32 at Stage Road, Forest Ranch area.
(WITHDRAWN FROM AGENDA UNTIL LITIGATION IS SETTLED.)
84-828 Presentation by Audrey Taylor, executive director, Butte County Economic
(349) Corporation. (REPORT RECEIVED. NO ACTION TAKEN.)
84-829 Report from the Private Industry Council Executive Director. (REPORT
(483} RECEIVER. NO ACTION TAKEN.}
84-829 Nicholas Monte - files a late appeal of the Advisory Agency's Condition 18
(785) (proof of water requirement} on the Parham Subdivision, AP 27-18-16,
31 parcels, property located 1,300 feet east of the southerly end of Greir
Avenue, Palermo area.
Motion: FOUND THAT THE PROPOSED CHANGE IN THE CONDITIONS WILL NOT AD-
VERSELY~ AFFECT OR CAUSE MODIFICATION OF THE FINDINGS AND
DETERMINATIONS MADE TN THE ENVIRONMENTAL REPORT PROCESS AND THE
PROPOSED CHANGE TN THE CONDITIONS WILL NOT BRING ABOUT AN
INCONSISTENCY TO THE GENERAL PLAN OR TO THE ZONE OR TO ANY
SPECIFIC PLAN FOR THE PROPERTY IN QUES'T'ION AND THE FACTS PRESENTED
GIVE GOOD AND SUFFICIENT REASON WHY THE CONDITIONS IN QUESTION
WERE NOT APPEALED WITHIN THE TEN DAY PERIOD. PUBLIC HEARING
DATE SET. FOR DECEMBER 11, 1984, AT 10:15 A,M,
M S
Vote: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
Page 336
November 27, 1984
84-830 Data processing Resources Management Agreement - an agreement has been
(834) prepared with SCT Resources Management Corporation for operation of the
Data Processing Center and implementation of the Butte County Data
Processing Strategy.
Motion: APPROVED AGREEMENT AND AUTHORIZED THE CHAIRMAN TO SIGN.
M S
Vote: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
84--831 Consideration of development standard for the Greater Chico Urban Area
(1274) pending adoption of the Nitrate Action Plan (interim - interim standard}.
Motion: APPROVED INTERIM PLAN UNTIL FINAL ONE IS ADOPTED.
S M
Vote: 1 N 2 Y 3 Y 4 N 5 Y (Motion carried)
84~-832 Consideration of resolution allowing the Butte County Sheriff to
(1353) implement a work alternative program in accordance with Penal Code
Section 4024.2.
Motion: ADOPTED RESOLUTION 84-184.
S M
Vote: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
84-833 Discussion of City of Chico notice of preparation of a draft environ-
(1380} mental impact report for the proposed redevelopment plan far the
Central Chico Redevelopment Project. (CHIEF ADMINISTRATIVE OFFICE
WILL SE SOLICITING COMMENTS FROM DEPARTMENTS.)
84-834 Report from Planning Commission regarding General Plan amendment -
(1500) Thomas Reed (from 10/30/$4). (CONTINUED UNTIL TIMED HEARING LATER IN
THE DAY . )
84-835 Additional items from Board members:
1. Chairman Saraceni noted that a request had been received .from the
Land Development Commission to set a public heafing on the revision
of residential zones.
2. Supervisor Wheeler requested a resolution in honor of Jim Lynch.
Motion: ADOPTED RESOLUTION 84-185.
M S
Vote: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
Page 337
November 27, ].984
RECESS: 9:54 a.m.
RECONVENE: 10:09 a.m.
Public Hearings and Timed Items
84-836 Continued hearing -- formation of Rock Creek Reclamation District
(1660) (from 10/23/84}.
~*
QO Motion: ASKED LAFCo TO RECONSIDER .ITS RESOLUTION TO AUTHORIZE THE
BOARD TO CONDUCT' HEARING.
M S
Vote: l Y 2 Y 3 N 4 Y S Y (Motion carried)
84-837 Michael and Lynette Miller - proposed negative declaration regarding
(836) environmental impact and rezone and development agreement from R-3
(medium density residential) to R-4 (maximum density residential
restricted service) to allow a residential care home on property located
at the end of Kovac Court, east of Cohasset Highway, 275 feet south
of Frontier Circle, AP 48-40-7, Chico.
Motion: FOUND THAT THE REQUIREMENTS OF CEQA HAVE BEEN COMPLETED AND
CONSIDERED AND ADOPTED A MITIGATED NEGATIVE DECLARATION; AND
FOUND THAT THE PROPOSED PROJECT MEETS THE REQUIREMENTS OF
F3UTTE COUNTY CODE SECTION 24-28, 24-141, AND 24,144, RESOLUTION
81-229 AND GOVERNMENT CODE SECTION 55865.0 THROUGH 55859.5
(REGULATING DEVELOPMENT AGREEMENTS); AND ADOPTED ORDINANCE 2442
APPROVING THE PROPOSED DEVELOPMENT' AGREEMENT A5 AMENDED; NAMET,Y+
SECTION 7(d}, ADD AFTER (d): "NOTHING TN THIS ARTICLE SHALL
PREVENT THE DEVELOPMENT OF THE CARE HOME AS PROPOSED OR ONE
SINGLE-FAMILY DWELLING IN LIEU THEREOF;"AND SECTION $(m} SHALL
READ:°THE REST HOME FACILITIES ARE TO HOUSE UP TO 15
AMBULATORY PERSONS WITH THE POSSIBILITY OF 50 PERCEDIT
EXPANSION UPON APPLICATION AND APPROVAL OF A USE PERMIT BY
THE PLANNING COMMISSION;"AND ADOPTED ORDINANCE 2443 REZONING
FROM R-3 TO R-4 THAT PROPERTY IDENTIFIED AS AP 48-40-07
(MICHAEL MILLER).
S M
Vote: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
Page 338
November 27, 1984
$4-838 Ed Hunsaid -- proposed negative declaration zegarding environmental impact
(854) and rezone from TM-5 to TM-1 (timber mountain - 1 acne parcels} located
on the west side of Nopel Drive, approximately 1600 feet southeast of
Highway 32, identified as AP 63-09-18, Forest Ranch.
Motion: FOUND THAT THE REQUIREMENTS OF CEQA HAVE BEEN COMPLETED AND
CONSIDERED IN MAKING THIS DECISION AND ADOPTED A MITIGATED
NEGATIVE DECLARATION; FOUND THAT THE PROPOSED REZONE MEETS
THE .REQUIREMENTS OF BUTTE COUNTY CODE SECTIONS 24-27, 24-48,
24-165 AND BUTTE COUNTY LAND USE ELEMENT PAGES 30, 34, 49,
56, AND 58; AND ADOPTED ORDINANCE 2444 FOR CONDITIONAL ZONING
FROM TM-5 TO TM-1 ON AP 63-09-18 {ED HUNSAID} SUB3ECT TO
MITIGATION MEASURES 2 THROUGH 7 AND CONDITIONS 9 THROUGH 14
AS LISTED ON MEMO FROM PLANKING DATED NOVEMBER 16, 1984.
M S
Vote: l Y 2 N 3 Y 4 Y 5 N (Motion carried)
84-839 Continued hearing - Thomas Reed, et al - appeal the Planning Commission's
denial of a rezone (item on which a negative declaration regarding
environmental impact has been recommended) from SR--3 (suburban residential -
3 acre parcels) to M-1 (light industrial), property located on the north
side of Thorntree Drive from approximately 600 feet east of Cohasset
Road, .identified as a portion of AP 48--01-17, 20, 22, and 23, more
particularly described as: the easterly 795 feet of the SE 1/4 of
the SW 1/4 of Sec. 2, T22N RlE MDB&M and the southerly 920 feet of the
SE 1/4 of the SW 1/4 of said Section 2, containing 52.14 acres, more
or less, Chico (from 10/30/84).
Report fzom Planning Commission regarding General Plan amendment -
Thomas Reed (from earlier in the day - Minute Order 84-834).
Motion: CONTINUED ZONING HEARING TO DECEMBER 18, 1984, AT 10:00 A.M.;
GENERAL PLAN AMENDMENT TO BE HEARD AT THE SAME TIME. REFERRED
ZONING BACK TO THE PLANNING COMMISSION FOR CONSIDERATION OF
CONDITIONAL ZONING PER PLANNING DIRECTOR'S MEMO OF NOVEMBER 20.
M S
Vote: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried}
84-840 Recognition of persons wishing to speak:
(1300}
1. Hank McGowan - concerning the Crouch Ditch problem.
2. Ken Harbarger - regarding an alternate solution to the nitrate
problem.
3. George Savko - regarding his invention to purify water.
Page 339
Novembez 27, 1984
84-840 4. Merrit Horning - regarding Mr. Savko's invention.
(Cant'd)
5. Bill Bober - concerning a decision made by the Board on
November 13th to require a use permit for exploratory seismology
tests.
6. Randy Bargelt - explanation of seismology testing being done
currently in Paradise.
*** 7. Mr. Stack - concerning acquiring a portion of Wyandotte Creek Road,
aoo
8. Louis Camenzind, Jr. - requesting status report on Mining Advisory
Committee.
Motion: DIRECTED CHIEF ADMINISTRATIVE OFFICER TO REPORT BACK ON THE
STATUS OF THE COMMITTEE.
M S
Vote: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried}
9. Earl Nelson - requesting the Board to allow him time later in the
day to request a public hearing on BuzztaiZ Community Services
District.
84-841 V. Buryl Kramer - appeal of the Advisory Agency's denial of tentative
(249) parcel map and boundary line modification (item for which a mitigated
negative declaration regarding environmental impact has been recommended),
AP 71-09-10, three parcels, approximately one mile north of the Middle
Fork Suspension Bridge on the east side of Oro-Quincy Highway, Oroville
area.
Ron Graves & Associates -- on behalf of George Robison, appeal of the
Planning Department's Condition No. 1 pertaining to combining parcels
2 & 3, and clustering development on parcels 1 & 4 on tentative parcel
map (item on which a mitigated negative declaration of environmental
impact has been recommended), AP 61-08-136, four parcels, at the southeast
corner of Green Cedar Way and 13a1d Rock Road in the Bald Rock area.
George Robison - appeal of the Advisory Agency`s Condition No. 11
(prove that the required quantities of domestic water are available
to each parcel) an Cynthiann Subdivision, AP 27--05--21 & 59, four parcels,
property located approximately one-half mile north of the intersection
of Cynthiann Lane and Bohemia Avenue, Oroville area.
(THREE HEARINGS OPENED AND CONTINUED TO AFTERNOON.}
RECESS: 12:18 p.m.
RECONVENE: 1:40 p.m.
Page 340
November 27, 1984
(SUPERVISORS DOLAN AND FULTON ABSENT .AT TkIIS TIME.)
84-842 V. Buryl Kramer -- appeal of the Advisory Agency's denial of tentative
(298) parcel map and boundary line modification (item for which a mitigated
negative declaration regarding environmental impact has been recommended),
AP 71-09-10, three parcels, approximately one mile north of the Middle
Fork Suspension Bridge on the east side of Ora-Quincy Highway, Oroville
area.
(SUPERVISOR FULTON PRESENT AT THIS TIME.)
Motion: FOUND THAT THE REQUIREMENTS OF CEQA HAVE BEEN COMPLETED AND
CONSIDERED IN MAKING THIS DECISION AND ADOP'T'ED A MITIGATED
i~3EGATIVE DECLARATION USING MITIGATIONS AS PROPOSED BY THE
APPLICANT; AND FOUND THAT THE AREA IS ZONED FOR THIS TYPE OF
RURAL RESIDENTIAL DEVELOPMENT AND THAT THE AREA HAS ADEQUATE
FIRE FACILITIES, ROAD CAPACITY AND IS NOT T00 FAR FROM COM-
MERCIAL SERVICES AND SCHOOLS FOR THIS TYPE OF RURAL DEVELOPMENT
AND ZS A MATTER OF CHOICE INDIVIDUALS MAKE WHEN THEY DECIDE
WHERE THEY WANT TO LIVE. FOUND THAT THE GENERAL PLAN DESIGNA-
TION IS A-R (AGRICULTURAL RESIDENTIAL) AND TS APPROPRIATE FOR
THE AREA AND THAT THIS PROJECT CONFORMS TO THE GENERAL PLAN.
AGREED TO THE REQUEST TO ALLOW TZFE,PRESENT 16 FOOT ROAD WIDTH
BECAUSE OF TOPOGRAPHY AND TO ELIMINATE ADDITIONAL EROSION AND
ALSO NOTING THAT THE FIRE DEPARTMENT HAS APPROVED THE ROAD
AS PROPOSED. UPHELD THE APPEAL OF TkIE ADVT•SORY AGENCY'S DENIAL
OF A TENTATIVE PARCEL MAP AND BOUNDARY LINE MODIFICATION FOR
V. BURYI, KRAMER, AP 71-09-10, THREE PARCELS, WITH PUBLIC WORKS
CONDITIONS 1 THROUGH 9 AND ENVIRONMENTAL HEALTH CONDITIONS 10
THROUGH 13.
M S
Vote: l Y 2 AB 3 Y 4 Y 5 NV (Motion carried)
(SUPERVISOR DOLAN PRESENT AT THIS TIME.)
84--843 Ron Graves & Associates - on behalf of George Robison, appear. of the
(493) Planning Department's Condition Na. 1 pertaining to combining parcels
2 & 3, and clustering development on parcels 1 & 4 on tentative parcer.
map (item on which a mitigated negative declaration of environmental
impact has been recommended}, AP 61-OS-136, four parcels, at the southeast
corner of Green Cedar Way and Bald Rock Road in the Bald Rock area.
Motion: FOUND THAT THE REQUIREMENTS .OF CEQA HAVE BEEN COMPLETED AND
CONDIDERED IN MAKING THIS DECISION AND ADOPTED A MITIGATED
NEGATIVE DECLARATION USING MITIGATIONS AS PROPOSED BY THE
APPLICANT; AND FOUND THAT THERE IS NO DATA FROM THE DEPARTMENT
OF FISH AND GAME SHOWING THE JUSTIFICATION OF TkIE PLANNING
DEPARTMENT REQUIREMENT TO COMBINE PARCELS 2 AND 3 OR CLUSTERING
Page 341
November 27, 1984
84-843 DEVELOPMENT ON PARCELS 1 AND 4; AND UPHELD THE APPEAL OF
(Cont'd) GEORGE ROBTSON ON AP 61-08-136 WITH PUBLIC WORKS CONDITIONS
1 THROUGH 11 AND ENVIRONMENTAL HEALTH CONDITION 12.
M S
Vote: 1 X 2 X 3 X 4 Y 5 N (Motion carried)
84-844 George Robison - appeal of the Advisory Agency's Condition No. 11
(633) (prove that the required quantities of domestic water are available to
each parcel) on Cynthiann Subdivision, AP 27-05-21 & 59, four parcels,
property located approximately one-half mile north o£ the intersection
of Cynthiann Lane and Bohemia Avenue, Oroville area,
Motion: DENTED APPEAL.
M S
Vote: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
84-845 South For1c Developers (Bill Cottingham) - consideration of a development
(932) agreement pursuant to Government Code Section 65865 et seq. for a PUD
rezone on property located on the east side of Midway at Mary Bill
Ranch Road, identified as AP 40-02- 116, Chico.
(SUPERVISOR WHEELER-NOTED THAT THE NAMES OF RONALD J, LAFFINS AND
RICHARD H. LAFFINS SHOULD ALSO BE INCLUDED IN THE DEVELOPMENT AGREEMENT
AS PARTNERS.)
Motion: ADOPT THE DEVELOPMENT AGREEMENT PURSUANT TO GOVERNMENT CODE
SECTION 65855 FOR PUD REZONE ON PROPERTY LOCATED ON THE EAST
SIDE OF MTDWAY AT MARY BILL RANCH IDENTIFIED AS AP 40-20-115,
AND ADOPT ORDINANCE TO THAT EFFECT.
M
Vote: 1 2 3 4 5
(MOTION TABLED)
Motion: FOUND THAT THE PLANNING COMMISSION, COUNTY OF BUTTE, HELD A DULY
NOTICED PUBLIC HEARING ON THE PROPOSED DEVELOPMENT AGREEMENT BETWEEN
THE COUNTY OF BUTTE AND MIDWAY ORCHARDS ON NOVEMBER 1, 1984, SUBMITTED
ITS REPORT TO THE BOARD OF.SUPERVISORS. THE BOARD OF SUPERVISORS
HELD A DULY NOTICED PUBLIC HEARING ON THE DEVELOPMENT AGREEMENT
ON NOVEMBER 27, THIS DATE, AND FOUND THAT THE DEVELOPMENT
AGREEi}TENT IS IN CONFORMITY WITH THE BUTTE COUNTY GENERAL PLAN
AND THAT THE ENVIRONMENTAL IMPACT REPORT BE CERTIFIED FOR THE
WITHDRAWAL OF THE SUBJECT PROPERTY FROM THE LAND CONSERVATION
AGREEMENT AND IS ADEQUATE FOR THIS PROJECT. ADOPTED ORDINANCE
2445 APPROVING DEVELOPMEN'T' AGREEMENT BETWEEN THE COUNTY OF
BUTTE AND MTDWAY ORCHARDS, ATTACHEb AS EXHIBIT A, PURSUANT
TO ARTICLE 2.5, CHAPTER 4, TITLE 7 OF THE CALIFORNIA GOVERNMENT
Page 342
November 27, 1984
84-845
(Cont'd)
84-846
(1a41)
CODE, COMMENCING WITH SECTIONS 65864 AND RESOLUTION 81-229
OF THE BOARD. OF 5UPERVISORS OF THE COUNTY OF BUTTE.
M 5
Vote: l Y 2 N 3 Y 4 Y 5 N (Motion carried)
Additional items:
1. Supervisor Wheeler requested a discussion of some of the wording
in the Interim Nitrate Plan approved earlier in the day (Minute
Order 84-831}. She wanted clarification of. the the phrase, "with
the Greenline being the western boundary." Supervisor Dolan proposed
that the warding be changed to, "will be applied to the development
in the Greater Chico Urban Area per the attached map,." and attach
the map.
2. Mr, Nichols reported that the report was ready on the Buzztail
Community Services District petition, and that it was apparently
legally qualified.
Motion: ADOPTED RESOLUTION 84-186 SETTING PUBLIC HEARING-DATE FOR
DECEMBER 18, 1984, AT 10:15 A.M.
M S
Vote: l Y 2 N 3 Y 4 Y 5 N (Motion carried)
3. Supervisor Wheeler requested a report from County Counsel on
Item 3.20 of the Consent Agenda - Vineyard Vista Subdivision
(Minute Order 84-827) (COUNSEL AND PUBLIC WORKS OFFICIALS TO
MEET AND MAKE RECOMMENDATION.)
CLOSED SESSION: The Board recessed at 2:53 p.m. for a closed session
on litigation.
RECONVENE: The Board reconvened at 3:55 following a closed session.
(SEE FOLLOWING MINUTE ORDER.)
84-847 Motion: HIRED DUTSTBE ATTORNEY, CHARLEY BARRETT FROM SACRAMENTO, TO
DEFENB THE COUNTY AND TREASURER DICK PUELIGI~ER IN A QUO
WARRANTO PROCEEDING BEFORE THE ATTORNEY GENERAL'S OFFICE
IN THE EDNA BILLS LAWSUIT AGAINST THE COUNTY.
M S
Vote: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
Page 343
November 27, 1984
84-847 Motion: SET ASIDE ACTION OF THE BOARD OF SUPERVISORS GRANTING A USE
(Cont'd) PERMIT FOR THE CHURCH OF JESUS CHRIST OF LATTER DAY SAINTS
TO BUILD ON THE CORNER OF MILKY WAY AND RIO BONTTA ROAD,
AP 22-10-05; DIRECTED APPLICANT TO IMMEDIATELY SEEK
ENVIRONMENTAL IMPACT REFORT PREPARATION,
M S
Vote: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
ADJOURNMENT: There being nothing further before the Board at this
time the meeting was adjourned at 4:05 p.m.
Chairman, Board of Supervisors
ATTEST:
MARTIN J. NICHOLS
Chief Administra
Clerk of the Soa~
By:
ve Officer and
of Supervisors
Page 344
November 27, 1984