HomeMy WebLinkAboutM021379February 13, 1979
STATE OF CALIFORNIA )
SS.
COUNTY OF BUTTE )
79- The Board of Supervisors met at 9:00 a.m. pursuant to adjournment.
~5' Present: Supervisors Dolan, Moseley, Wheeler and Chairman Lemke. Clif
Mickelson, administrative officer; Ban Blackstock, county counsel; and
Clark A. Nelson, county clerk, by Cathy Pitts, assistant clerk to the Board.
ABSENT: Supervisor Winston.
Pledge of allegiance to the Flag of the United States of America
Invocation By Supervisor Moseley
248 ~YPPROVAL OF MINUTES
On motion of Supervisor Moseley, seconded by Supervisor Wheeler
and carried, the minutes of February 6, 1979 were-approved as mailed with
the correction to minute order 79-236 to show Building Code of Appeal Board.
249 WAIVE FIRST READINGS SALARY ORDINANCE AMENDMENT
On motion of Supervisor Moseley, seconded by Supervisor Dolan
and carried, the first reading of the salary ordinance amendment to create
a Senior Welfare Investigator classification and to reclassify a clerical
position in each of the Sheriff and Public Works Departments was waived,
250 APPROVE AGREEMENT WITH MUNICIPAL CODE CORPORATION
On motion of Supervisor Wheeler, seconded by Supervisor Dolan
and carried, the agreement with Municipal Code Corporation for looseleaf
supplemental service for the Butte County Code was approved and the Chairman
authorized to sign.
251 APPROVE LETTER OF AMENDMENT TO SYSTEMS & COMPUTER TECHNOLOGY AGREEMENT
On motion of Supervisor Dolan, seconded by Supervisor Wheeler
and 'carried, the letter of amendment to Systems & Computer Technology (SCI)
agreement was approved and the Chairman authorized to sign.
252 AUTHORIZE TRANSFER OF OUTSTANDING CHECKS TO GENERAL FUND - CHICO MARSHAL
On motion of Supervisor Wheeler, seconded by Supervisor Dolan
and carried, the transfer of 133 outstanding checks totaling $220.18 from
the Chico Marshal°s trust to the county general fund in accordance with
Government Code Section 50055 was approved.
253 UTHORIZEURFI;I~]Fa FROM7CASH SHORTAGE - MENTAL HEALTH
On motion of Supervisor Dolan, seconded by Supervisor Wheeler
and carried, relief from cash shortage in accordance with Government Code
Section 29390 for X25 of missing cash for the Mental Health Department
as authorized.
Administrative Officer to notify department handling cash that
easures be taken to use extreme caution to avoid placing temptation in
front of people.
254 DOPT RESOLUTION 79-27 TRANSFERRING CIVIL INVESTIGATIONS AND REPORTS FROM
ROBA'~ONODEPARTMENT TO WELFARE DEPARTMENT
On motion of Supervisor Dolan, seconded by Supervisor Moseley
j nd carried, Resolution 79-27 transferring civil investigations and reports
from the Probation Department to the Welfare Department was adopted• and the
hairman authorized to sign.
Page 121.
February 13, 1979
February 13, 1979
.. _ ~ ~ _ _ _
79- 255 ADOPT RESOLUTIONS 79-28 ASSURANCE AND RESOLUTION 79-29 APPROVING APPLICATION
~' AMENDMENT - AB 90 APPLICATION
On motion of Supervisor Moseley, seconded by Supervisor Dolan
' and carried, the following resolutions regarding the County Justice System
Subvention Erogram were adopted and the Chairman authorized to sign:
Resolution 79-28 giving assurances of the nonsupplanration of county
funds by the County Justice System Subvention Program application.
Resolution 79-29 approving the County Justice System Subvention
Program application amendment for Butte County.
256 APPROVE BUDGET TRANSFERS
On motion of Supervisor Dolan, seconded by Supervisor Wheeler
and carried, the following budget transfers were approved:
B-70 Welfare Administration. Increases the appropriatians to
household expense, $407; rents and leases of structures, $405; and allocated
costs received, $80p to cover the cost of moving the Chico Welfare Office.
Funding will be as follows: federal revenue, $Sb0.81; state funding, $528.b8;
and funds from the reserve in the amount of $122.51e
B-71 District Attornevo Transfers $12,000 from the reserve to
professional and specialized services to cover the cost of the testing pro-
gram contract with the State Department of Justice as approved by the
Board on January 30, 1979; minute order 79-189.
B-72 Federal Revenue Sharing. Transfers $8,000 from the Chico
Pound expansion project to the Administration Building (1859 Bird Street)
to cover the cost of the architect's agreement as approved by the Board
on January 30, 1979; minute order 79-190.
B-73 Data Processine. Transfers $150,537.56 from regular salaries,
$1,104.30 from overtime, $64,037.44 from employee benefits and $127,867.10
from the reserve; with $315,450 going to professional and specialized
services, $696.40 to extra help, $4,100 to maintenance of equipment,
$20,000 to office expense, $3,300 to rents and leases of equipment, and
$655 to fixed assets- equipment. A total of $128,522.10 will be distributed
to users. The purpose of this transfer ~s to provide for the facilities
management contract with Systems and Computer Technology as approved by
the Board on January 2, 1979, minute order 79-3; to reduce salary and
benefit accounts to reflect the transition of Data Processing employees to
SCT; to increase various service and supply accounts to avoid anticipated
deficiencies; and to increase fixed assets in order to allow the acquisition
of work scheduling equipmento
'~ 257 APPROVE CONTRACT AMENDMENT - CONNERI,Y AND ASOCIATES (HCDI
On motion of Supervisor Dolan, seconded by Supervisor Moseley
and carried, the contract amendment which provides for billing for an account
clerk position under the contract with Connerly and Associates for HCD was
approved and the Chairman authorized to sign.
258 ADOPT RESOLUTION 79-30 AUTHORIZING COUNTY ADMINISTRATIVE OFFICER TO RETAIN
SERVICES OF JOE WILLIAMS TO PERFORM REAL ESTATE PROPERTY APPRAISALS FOR
On motion of Supervisor Moseley, seconded by Supervisor Dolan
and carried, Resolution 79-30 authorizing the County Administrative Officer
to retain the services .of Joe Williams, Chico to perform real estate property
appraisals for two parcels in an amount not to exceed $475 was adopted-and
the Chairman authorized to sign,
Page 122,
February 13, 1979
February 13, 1979
79!- 259 AUTHORIZE COUNTY ADMINISTRATIVE OFFICER TO EXECUTE COMMUNITY DEVELOPMENT
~'' BLOCK GRANT LOAN F@I~~:, EMERGENCY REPAIRS
On motion of Supervisor Dolan, seconded by Supervisor Wheeler
and carried, the County Administrative Officer was authorized to execute
Community Development Block Grant loan for emergency repairs at 3% in an
amount not to exceed '",}400 for property located at 2457 Elgin Street,
Oroville.
260 REFER LETTER FROM GHIGO IMPROVEMENT PROGRAM RE: REQUEST THAT COUNTY PARTICIPATE
IN CALIFORNIA HOU5ING FINANCE AGENCY MORTGAGE ASSISTANCE PROGRAM WHICH
PROVIDES 9% LOANS UP TO $10,000 AS PART OF COUNTY'S HOUSING REHABILITATION
EFFORTS TO ADMINISTRATIVE OFFICER AND CONNERLY AND ASSOCIATES TO IMPLEMENT
PROGRAM
Larry Brooks, administrative office, stated that in the
past it has been the Board's policy to make Ioans and not grants in one
or anothero In certain cases when the rehabilitation costs are below
$10,000 the California Housing Finance Agen~~y (CHFA) can work.
The letter from Chico Improvement Program regarding their
request that the county participate in the California Housing Finance Agency
mortgage assistance program which provides 9% loans up to $10,000 as part
of the county's housing rehabilitation efforts was referred to Administrative
Officer and Connerly and Associates to implement the program.
261 ADOPT RESOLUTION 79-31 MAKING APPLICATION TO L'lsEGa RE: PROPOSAL FOR
ESTABLISHI~3ENT OF_COUNTY SERVICE AREA 59 (PARK [TJtSTA STREET LIGHTS}
Clay Castleberry, public works director, stated that he was
interested to know where they are going as far as street lighting requirements.
The Legislature is looking at about four or five different ways to fund
street lights. One possibility would be to ask PG&E. and the utilities
to pay for them and add a little amount to everyone's bills. He did not
£eel that this would be a workable solution. In subdivisions and in the
subdivision ordinance he wanted to know whether they should continue to
require street lights. There are problems. The developer makes a deposit
for three years and he has a letter from everyone in the subdivision saying
they do not want to pay for street lights. They are holding money they
know will not be spent. In a new subdivision they can geix the money for
two or three years energy.
Clif Mickelson, administrative officer, stated that there is
no way the Board can form a service area and pay for it on the ad valorem
tax fairly. Mr. Lawrence maintained that he would not pay the bills unless
they were voter approved. If the property owners wanted to pay directly.
for the street lights they could form a homeowners association.
Dan Blackstock, county counsel, stated that last year there
was an attempt by the County Counsel's Association to remove lighting
districts ad entities and authorize the take over by public utilities.
The county would be out of street lighting districtse This bill has not
gotten anywhere. This would be the perfect solution and would take the
billing off the ad valorem taxeso He recommended that the Board try to
see that the bill was passed,
Bill Turpin, administrative analyst, stated that the reason
the county is in street lighting is the same reason they are into police
protection.and fire protections Zn the interim the board could implement
service charges to hold over until the Legislature comes along and makes
it easy to pay for street lights.. The problem is not unique for Butte
County,
Page 123.
February l3, 1979
i
l
79=
~''
262
263
264
265
266
February 13, 1979
- _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ~ _ - _ _ _ _ _ _ _ _ ~ ~ . _ ~. ~ G
Chairman Zemke stated that everyone is making a decision that
they do not want to pay a service charge while the ligh'ts'-are still on.
He suggested at the public hearing that the county let the bills run out
and turn off the lights and then see who wants lights and who does not.
Mr. Turpin stated that the petition for the Park Vista street
lights calls for a service change. The people understand that there will
be a service charge in addition to the $4 rate.
On motion of Supervisor Dolan, seconded by Supervisor Wheeler
and carried, Resolution 79-31 making application to LAFCo regarding the
proposal for establishment of County Service Area 59 (Park Vista Street
Lights) was adopted and the Chairman authorized to sign.
SUPERVISOR WINSTON EXCUSED FROM MEETING
On motion of Supervisor Wheeler, seconded by Supervisor Dolan
and carried, Supervisor Winston was excused from today's Board meeting.
DISCUSSION: POLICY RE: STREET LIGHTS IN SUBDIVISIONS
Chairman Zemke stated that the Board should discuss what they
want to do regarding policy of street lights in subdivisions. There was
talk of a second election because the first one could have been confusing
as far as the ballot measure. The problem with lighting districts is
that there is no longer enough money being collected because of the increase
in utility costs. In order to keep the lights on this year, the Board
used bailout money.
Dan Blackstock, county counsel, recommended that until the
Board learned what the Legislature is going to do with the method of
apportionment of the $4 tax rate it would be useless to hold an election.
Discussion of liability if the county did not continue to
pay for the street lights held at this time.
Mr. Blackstock advised the Board that they did not need to
hold an election to use the service charge.
Matter continued to February 27, 1479 for report from Auditor,
Counsel, Public Works and Administration regarding payment for county
service areas, drainage districts and ambulances. Also to be presented
is outline of what the Legislature is considering.
PUBLIC HEARING DATE SET
A public hearing date of March 6, 1979 at 10:00 a.m. was set
for consideration of David L. Bullis petition for variance to Sections
19-10 and/or 19-12 of the Butte County Code for placement of a mobile home
at 7129 Pentz Aoad, Paradise, AP 50-04-31o Zoning: A-2 limited.
APPROVE RENEWAL OF VARIANCE - ERNIE KATZDORN
On motion of Supervisor Moseley, seconded By Supervisor Dolan
and carried, the renewal of variance to Sections 19-10 and/or 19-12 of the
Butte County Code for property located in Magalia off the Skyway (P.O. Box
617), for placement of a mobile home at AP 65-07-030, zoning: TM-5 was
approved for a one year period for Ernie Katzdorn,
DENY PENALTY RELIEF JOHN HESKER
On motion of Supervisor Wheeler, seconded by Supervisor Dolan
and carried, request for penalty relief for John Hesker for AP 55-02-37
and 75 was denied.
Page 124.
February 13, 1979
~-.
February 13, 1979
79 267 DISCUSSION: PARADISE LIBRARY HEATING PUMP INSTALLATION (BID 67-78) HELD
'~! OVER
Discussion of the Paradise Library heating pump instaIlation
(Bid 67-78) was held over at this time,
268 COMMEND EFFORTS OF PUBLIC WORKS DEPARTMENT EMPLOYEES DURING SNOW STORM
IN PARADISE
On motion of Supervisor Moseley, seconded by Supervisor Dolan
and carried, the efforts of the Public Works Department employees during
the snow storm in Paradise were commended.
269 CONFIRM EXISTING POLICY OF NOT EXTENDING SANDING BEYOND MAIN ROADS
Clay Castleberry, public works director, stated that his office
is working with the CHP on the sanding of main roads. They are placing
signs that say use chains and snow tires on portions of the road. His
office will make gfxdgments in the best interest of the county.
On motion of Supervisor Wheeler, seconded by Supervisor Dolan
and carried, the policy of not extending sanding beyond main roads was
confirmed. •
270 REPORT:. SNOWPLOWING TO BUTTE MEADOWS - INFORMATION
The report on snowplowing to Butte Meadows was given for
information. Clay Castleberry, public works director, stated that he
had indicated in his memo it would not be a tremendous expenditure to
-i plow in the Butte Meadows area.
Supervisor Wheeler stated that she had received many calls
from people against any further plowing. The reason that she had brought
the issue up was to take a look at the entire area that is being plowed
at present.
Mro Castleberry set out how the county is reimbursed for their
snowplowing efforts. They reimburse a portion of the funds the following
year, That money goes in for improvements and maintenance. If the money
has all been spent the county does not always receive the funds that it
expends. Mr. Castleberry stated that they could consider figures at budget
time.
RECESS: 9:55 a.mo
RECONVENE: 10:05 aom.
271 PUBLIC HEARING: BRENDA KIMMEL -APPEAL OF CONDITIONS 2 and 3 ON A PROPOSED
NEGATIVE DECLARATION AND USE PERMIT TO ALLOW A BEAUTY SHOP ON PROPERTY
ZONED "A-2 LIMITED", LOCATED ON THE EAST SIDE OF CLARK ROAD APPROX. 200
FEET NORTH OF WARREN ROAD PARADISE !2DENTIFIED AS AP 50-052-24
The public hearing on the Brenda Kimmel appeal of conditions 2
and 3 on a proposed negative declaration and use permit to allow a
beauty shop on property zoned "A-2 limited", located on the east side of
Clark Road approximately 200 feet north of Warren Road, Paradise, identified
as AP 50-052-24 was held as advertised.
Earl Nelson, environmental review director, set out the background
of the negative declaration. This project involves a request for installation
of a beauty shop in a garage that is being extended. All checks on the
checklist were checked No.
Bettye Blair, planning director,, set out the use permit at
this time. She has distributied minutes of the Board of Zoning Adjustment
and posted an exhibit for the Board's consideration. This was approved
subject to conditions of approval. The two concerns were offsite improvements
and curb, gutter and sidewalk.Page 125.
February 13, 1979
i
79-
3
February 13, 1979
Chairman Lemke stated that several people above Wagstaff Road
had to put in additional improvements as a result of a tradeoff with the
urban area box. It was decided that Clark Road would be required to
install curb, gutter and "sidewalks and road widening as it occurrede
A number of commercial installations have been required to put in the
improvements.
Clay Castleberry, public works,,director, stated that within
two years they will be working on Clark Road to Wagstaff Road. There is
traffic that warrants it if there is money available above Wagstaff.
He felt that this should be required. It can be done with a guarantee
or bond and a reasonable amount of time, There is no target date for
the road widening above Wagstaff Roads The possibility of conditioning
within three years exists.
Hearing open to the public, Appearing: Brenda Kimmel. Ms.
Kimmel stated that her business would be very small. She has already
provided three parking spaces in front of her house for parking. There
will be parking for her vehicle behind the house, There is visability
for access and egress onto the road. She could do the improvements over
a period of time. She has asked the Sanitation Department to check out
the proposed problem with the spetic. She has just built another septic
tank for the beauty shop.
Hearing closed to the public and confined to the Board.
On motion of Supervisor Moseley, seconded by Supervisor Wheeler
and carried, on the basis of the initial evaluation, finding the project
could not have a significant effect on the environment, a negative declaration
was recommended.
On motion of Supervisor Moseley, seconded by Supervisor Dolan
and carried, finding that the proposed use of the property will not impair
the integrity and character of the zone in 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 resid~:ng or working in the neighborhood or to the general
health, welfare and safety of the County, .the use permit was approved
subject to the following conditions:
1. Requirements of the Butte County Health Department.
2. Construct vertical curb, gutter and sidewalk along Clark Road frontage
to be completed within three years.
3. Construct necessary road widening along Claxk Road frontage to be
completed within three years.
4. Provide drainage solution as xequired by Public Works Departments
5. Deed 40 ft, of right-of-way to County of Butte measured from the
centerline of Clark Road.
6o Cars of applicant and employees must be parked in the rear outside the
setback area.
7. Three parking spaces must be provided for customers--not within the
setback area.
Applicant must also comply with all applicable state and local statutes,
ordinance and regulations, Page 126.
February 13, 1979
79- 272
~'
February 13, 1979
ADOPT ORDINANCE 2002: PUBLIC HEARING: JOHN LECHNER - PROPOSED NEGATIVE
DECLARATION AND RE20NE FROM "SR" (SUBURBAN RESIDENTIAL) TO "R-3" (MEDIUM
DENSITY RESIDENTIAL) PROPERTY LOCATED ON THE NORTHWEST CORNER OF WEST 12th
AVENUE AND LINDO AVENUE IDENTIFIED AS AP 43-03-23 CONTAINING 0,37 ACRES
MORE OR LESS, CHICO
The public hearing on Jahn Lechner proposed negative declaration
and rezone from "S-R" (suburban residential) to "R-3" (medium density
residential) property located on the northwest corner of West 12th Avenue
and Lindo Avenue identified as AP 43-03-23 containing 0,37 acres more
or less, Chico was held as advertised.
Earl Nelson, environmental review director, set out the background
of the negative declaration. This is a relatively small project and for
that reason the impacts noted are small in magnitude. The request is for
multiple family residences. There are a number of single family and some
duplexes to the south. The other question relates to drainage. There
is a proposal to form a drainage district. This property drains away from
Lindo Channel. The project is small and the problem can be solved. He
recommended a negative declaration. Mro Nelson stated that he has been
advised by Counsel that cumulative effects have to be hung on tangible
effects. They are looking at this project somewhat by itself. He felt
that it would be a Board policy to consider the entire area in any approval.
The determination to require a negative declaration relates more to the
importance of the impacts and an EIR would not be necessary in this case.
Supervisor Dolan stated that where one project might be okay
it might be another project that might have impacts.
Bettye BIa3.r, planning director, set out the background of the
rezone, The Planning Commission found that this proposal conforms to the
general plan and has a density of 5 to 8 dwellings per acre. She has
presented the Board with a map that delineates the problem of the "A-2"
zoning across the street to the south. The "A-2" zone has been quite
activeo The "S-R" zone is a very old zone of about 10 or 12 years,
Clay Castleberry, public works director, reported on the
drainage situation in the area. The permanent solution for the natural
drain would be Lindo Channel. He felt that the drainage problem could
be accomplished as a community effort. The drainage plan should be
approved,
Hearing open to the public, Appearing: John Lechner< Mro Lechner
stated that ~~cihb a three block radius there are eleven duplexes. There are
about four of them across the street. There is also a new triplex in the
neighborhood, ,
Hearing closed to the public and confined to the Board.
On motion of Supervisor Wheeler, seconded by Supervisor Moseley
and carried, the proposed negative declaration for the rezone from "S-R"
to "R-C+" property located on the northwest corner of West 12th Avenue
and Lindo Avenue identified as AP 43-03-23 containing 0.37 acres more
or Less, Chico was accepted on the basis of the findings that the proposed
project could not have a significant effect on the environment and that
permanent drainage plan be required by Butte County Public Works Department.
AYES: Supervisors Moseley,. Wheeler and Chairman Lemke. NOES; Supervisor
Dolan, ABSENT: Supervisor Winston.
On motion of Supervisor Wheeler, seconded by Supervisor Moseley
and carried, noting a negative declaration lias been accepted, the rezone
Page 127.
February 13, 1979
February 13, 1979
from "S-R" (suburban residential) to "R-3" (medium density residential)
property located on the northwest corner of West 12th Avenue and Lindo
Avenue identified as AP 43-03-23 containing 0.37 acres more or less,
Chico was approved for John Lechner with the finding ,that the rezone
is in compliance with the General Plan-and-is compatible with present
development in the area; Ordinance 2002 was adopted and the Chairman
authorized to sign. AXES: Supervisors Moseley, Wheeler and Chairman
Lemke, NOES: Supervisor Dolan. ABSENTY_ Supervisor Winston.
273
DISCUSSION: LAND DEVELOPMENT PROPOSAL - CRAIG RECREATION AREA ROAD
Clay Castleberry, public works director, asked that this matter
be held over until Supervisor Winston is present.
The matter continued to February 20, 1979,
274
275
276
277
ADOPT RESOLUTION 79°32: APPROVING REVISED MAP~lNCLUDING GENERAL SWEDES
IIiAT-BANGOR AREA AS MOUNTAIN RECREATIONAL AREA MAP
On motion of Supervisor Wheeler, seconded by Supervisor Moseley
and carried, Resolution 79-32 approving the revised land development
map that reflects the inclusion of the general Swedes Flat-Bangor area
as a mountain recreational area map was adopted and the Chairman authorized
to sign.
ADOPT RESOLUTION 79-33: APPROVING ADDITION OF STANDARD SRS-1 TO IMPROVEMENT
STANDARDS FOR LAND DEVELOPMENT
On motion of Supervisor Moseley, seconded by Supervisor Wheeler
and carried, Resolution 79-33 approving addition of standard SRS-1 to the
improvement standards for land development was adopted and the Chairman
authorized to sign.
PUBLIC WORKS AUTHORIZED TO APPROVE LESS THAN 60 FOOT ACCESS FOR USE OF
EXISTING PARCELS WHEN THEY ARE AWARE OF THE IMPROBABILITY OF ADDITIONAL
RIGHT-OF-WAX PROPOSAL WHICH ELIMINATES THE NEED OF APPLICANT PAYING THE
FEE AND GOING THROUGH CERTIFICATE OF COMPLIANCE HEARINGS
Clay Castleberry, public works director, stated that he was
asking for authorization to issue a building permit for persons that
d'o not have 60 foot access and who would have to go through the notice
of compliance procedure and pay a $100 fee. There have only been six
such matters within the last 1-1/2 years that have come to the Board
and they were approved. He recommended that the Board allow staff to
make the finding without having the person pay the $100 fee if they
know that additional rightrof-way cannot be obtained and issuing of a
building permit. This would not be allowed for new parcels only for
those created in the past without the 60 foot access.
On motion of Supervisor Wheeler, seconded by Supervisor Moseley
and carried, Public Works was authorized to approve building permits for
parcels with less than 60 foot access for use of existing parcels (not for
any land division) when they are aware of the improbability of additional
right-of-way proposal eliminating the need of applicant paying the fee and
;oing through the certificate of compliance hearings.
30LD OVER FOR THIRTY DAYS CONSIDERATION OF EAST CHICO, NORTHWEST CHICO
9ND THERMALITO STORM DRAIN MASTER PLANS
Clay Castleberry, public works director, asked that the
approval on the East Chico, northwest Chico and Thermalito storm drain
Waster plans be held over for thirty days as they have to go through,-.
the environmental process.
The matter continued for thirty days for progress reporto
Page 128.
February 13, 1979
February 13, 1979
79 278 ACCEPT IMEROVEMENTS - KELLY RIDGE SUBDIVISION UNIT 4C
`~' On motion of Supervisor Moseley, seconded by Supervisor Dolan
and carried, the improvements for Kelly Ridge Subdivision Unit 4C were
accepted; release of performance and labor and materials bond was authorized
and commencement of the maintenance period•authorized.
279 PUBLIC WORKS INFORMATION AND DISCUSSION ITEMS
Discussion of parcels created prior to March 1972 was held at
this time. Clay Castleberry, public works director, asked for direction:
The process o£ reviewing subdivisions at the present time involves going
back and reviewing the family treese Nevada County is not going through
this process. They-are saying that parcels created before that time are
not important to parcels created at this time. This would make the
process easier,
Public Works and Counsel to confer with District Attorney and
report back to the Board within two weeks.
Discussion of drainage and parcel map standards held at this
time. Mr. Castleberry reported that they are continuing to review. He
will be bringing more recommendations to the Board within 30 days to
iron out problems.
Chairman Lemke reported on the February 7 meeting with .the City
of Chico regarding the County Public Transportation Study Committee meeting.
Supervisors Dolan and Wheeler; Clay Castleberry, public works director;
Del Siemsen, deputy county counsel; and members from the City of Chico
were appointed to the study committee. This committee will study the
transportation program with funding from SB 325 funds with recommendations
to be made to BCAG. Chairman Lemke stated that he made the statement that
personally he is not willing to make any compromise on the present standing
of BCAG towards 5B 325 money while the lawsuit is hanging over their
heads.
Mr. Castleberry stated that Mr. Siemsen had made the comment
at the meeting that if the City of Chico submitts for their share of-the
urban development that BCAG could not tell the Board of Supervisors to
revise its claim to meet the City of Chico. There would be a stalemate
if the Board did not change its piano
Mr. Castleberry reported on .the Nine Northern Counties Supervisors
Association meeting. They voted to recoupend and send a delegation to the
State Highway Commission to endorse three projects not in the present
state. plan: (1) the overpass in Shasta County; (2) a section of Hwy 97
in Modoc County; and (3) the expressway on Hwy 99 between Durham and
Ghico. The Hwy 99 connection will cost $7 million and is not presently
budgeted. This was the Noo 1 recommendation of BCAG Iast year.
PUBLIC HEARING DATES SET
The following public hearing dates were set:
1. A public hearing date of February 27, 1979 at 10:30 aomo
was set for consideration of Dan Hays environmental impact report and
rezone from "A-2" (general) and "Interim A-40" (agricultural - 40 acre
parcels) to "SR-3" (suburban residential - three acre parcels) property
located on the east side of Cohasset Road, approximately one mile north
of Eaton Road, identified as a portion of AP 48-01-9, lb, 13 and 16,
containing 131 acres, more or less, Chico.
Page 129.
February 13', 1979
February 13, 1979
281
282
283
284
285
286
2. A public hearing date of February 27, 1979 at 10:45 a.m.
was set for consideration of Sopex-Wheelex Corporation proposed categorical
exemption from environmental review, pursuant to Section 5113.5 of the
California Government Code and rezone from "A-2" (general) to "TP-160"
(timber preserve - 160 acre parcels) property located south of Sly Creek
Reservoir, approximately 1/2 mile north of LaPorte Road, approximately
one mile east of Lewis Ridge Road, identified as AP 73-06-11, containing
5.8 acres, more or less, east of Oroville..
REPORT OF DENIED REZONE - R, D, BLASINGAME
Report to the Board concerning R. K. Blasingam denied negative
declaration and rezone from "A-2" (agricultural - five acre parcels) to
"R-1" (single family residential) property located on the east side of
,zones Avenue approximately 300 feet north of Durham Oroville Highway,
identified as AP 40-18-40, containing I4o92 acres more or less, Durham
was accepted by the Board as information.
REPORT OF__pENIED REZONE - ELIZABETH V. EISENHOUR
Report to the Board concerning Butte County Board of Supervisors
(Elizabeth V. Eisenhour) denied negative declaration and rezone from "S-R"
(suburban residential) to "A-5" (agricultural - five acre parcels) property
located on the south side of Be1I Road, approximately 50 feet west of
91amo Avenue, identified as AP 42-02-13, containing 300 acres, mnre or
Less, Chico was accepted by the Board as information.
ADOPT ORDINANCE 2003: URGENCY ORDINANCE AMENDING CHAPTER 13 OF THE BUTTE
;OUNTY CODE CONCERNING CHANGE IN HEARING BODY FROM BOARD OF ZONING ADJUSTMENT
CO PLANNING COMMISSION
On motion of Supervisor Dolan, seconded by Supervisor Wheeler
and carried, Ordinance 2003 an urgency ordinance amending Chapter 13 of the
3utte County Code .concerning change in hearing body from the Board of
3oning Adjustment to the Planning Commission was adopted and the Chairman
authorized to sign,
~.DOPT ORDINANCE 2004: URGENCY ORDINANCE ESTABLISHING TEMPORARY PERMITS FOR
3RAVEL AND AGGREGATE EXTRACTION WHERE CONDUCTED FOR THE PURPOSE OF RE-
~LAIMING AGRICULTURAL LAND
On motion of Supervisor Wheeler, seconded by Supervisor Dolan
and carried, Ordinance 2004 an urgency ordinance establishing temporary
permits for gravel and aggregate extraction where conducted for the purpose
>f reclaiming agricultural land was adopted and the Chairman authorized
.o sign.
fISCUSSION: LAND DEVELOPMENT PROPOSAL - CRAIG RECREATION AREA ROAD
APPEARANCE: LESLIE STEIDI. - CONTI_NUED DISCUSSION TO FEBRUARY 27. 1979
Ms. Steidl stated that she was interested in the land development
.n the Craig Mooretown Ridge area. She understood that the mattex would
~e continued to February 20, 1979. She talked with Harold Bradshaw,
iepartment of Parks and Recreation. This road is access to the Craig
iooretown State Park area. Mr. Bradshaw was not aware that the matter
rould be discussed. She asked that the matter be continued for two
leeks as a timed item.
The matter was continued to February 27, 1979 at 11:00 a,m.
.nstead of February 20, 1979.
PPEARANCE: MARGARET PROSISE, BUTTE MEADOWS
Mrs. Prosise stated that she was under the impression that
he Butte rEeadows' snowplowing subject would be brought up this morning.
he asked what the Board had done regarding this matter?
Page 130.
February 13, 1979
79'~
3i
2871
2881
2891
290
February 13, 1979
-_______--_~-.~ W _ W ~______________~------_
Chairman Zemke advised Mrs. Prosise that the Board haldecided
that at the present time it would be very difficult to institute snowplowing
policy for the Butte Meadows area. The Board will discuss snowplowing
to Butte Meadows during this coming budget session and include the
recommendations or not include them at that time,
Supervisor Wheeler advised Mrs. Prosise that she would notify
her when the matter is discussed at budget time.
APPOINTMENT, TO THE BUTTE COUNTY MOSQUITO ABATEMENT DISTRICT - CONTINUED
TO FEBRUARY 20, 1979
The appointment to the Butte County Mosquito Abatement District
was continued to February 20, 1979.
APPOTNTMENT TO NORTH STATE COOPERATIVE LIBRARY SYSTEM CITIZENS ADVISORY
BOARD
On motion of Supervisor Moseley, seconded by Supervisor Dolan
and carried, Nora Wiley, Gridley was appointed as a member of the North
State Cooperative Library System Citizens Advisory Board.
APPOTNTMENT TO BUTTE COUNTY COUNCIL FOR SENIOR CITIZENS - CONTINUED TO
FEBRUARY 20 1979
The appointment to the Butte County Council for Senior Citizens
was continued to February 20, 1979,
APPOINTMENTS TO OROVILLE MEMORIAL HALL COMMITTEE: ADMINISTRATIVE OFFICER
TO LOOK INTO WHETHER ALTERNATIVES TO NON-PROFIT ORGANIZATIONS ARE LEGAL
On motion of Supervisor Wheeler, seconded by Supervisor Dolan
and carried, the following were appointed to the Oroville Memorial Hall
Committee:
Peter G, Gibson, regular member, to replace Mr. Curtis
James E. Wright, alternate member, to replace Mr. Thacker
291
2921
Administrative Officer to look into whether alternatives to
non-profit organizations are legal.
AUTHORIZE PURCHASE OF EXTRACATION KIT FOR THERMALITO FIRE STATION FOR
DEPARTMENT OF FORESTRY
On motion of Supervisor Moseley, seconded by Supervisor Wheeler
and carried, the purchase of an extracation kit for the Thermalito Fire
Station in the amount of $1212,85 with money to come from revenue sharing
was authorized for the Aepartment of Forestry,
COMMUNICATIONS
Geddis, Driscoll and Associates, Oroville. The Engineers, on behalf of
Thomas Corrigan, request a 12-month extension on a parcel map
that expired on December 20, 1978,. AP 72-25-Z0, four lots,
intersection of Hruleton and Stringtown Road, southeast of Oroville.
Counsel to-write letter advising that extensions cannot be granted
after a parcel map has expired,
Chico Improvement Program. The Firm writes requesting that the county
participate in the. California Housing Finance Agency mortgage
assistance program which provides 9% loans up to $10,600 as
part of the county's housing rehabilitation efforts. Information.
Nate Knodt, Chico. Mr. Knodt writes requesting that the county oppose
funding cut backs for Amtrack. See motion following communications.
Page'131.
February 13, 1979
February 13, 1979
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ -~ _ _ _ _ _ _ _ _ _ _ _ _ ~ -. _ T
79` Dick Sjork, Oroville. Mr. Bjork writes requesting that the county establish
a! a public defender's office as an operating departmento Referred
to Counsel for his opinion.
Harris, McCabe & Sanford, attorneys at law., The Attorneys, on behalf of
Don D, Nagler, forward a claim in the amount of $15,000 as a
result of alleged injuries incurred in the Butte County Jailo
See motion following communications.
State Department of General Serviceso The state sends notification of the
availability of surplus property located north of Magalia near
Paradise Lake. Referred to Public Works to work with Paradise
Irrigation District and Paradise Recreation and Park District.
State Department of Food and Agriculture. The state forwards its findings
of the audit for the Butte County Fair in Gridley. Referred
to the Auditor.
Lippincott Surveying, Paradise. The Surveyors, appeal the Advisory Agency's
denial of Eden Pines Unit ~k2 revised tentative subdivision map,
six lots, west side of Pentz-Magalia Highway, south side of Gate
Lane,. Paradise, AP 50-01-48. Set for hearing March 6, 1979 at
10:15 a.m.
293 AUTHORIZE LETTER TO US SECRETARY OF TRANSPORTATION IN SUPPORT OF LETTER
FROM NATE KNODT REGARDING OPP05TTTON TO FUNDING CUT BACKS FOR AMTRAK
On motion of Supervisor Wheeler, seconded by Supervisor Dolan
and carriedy a letter was authorized to the U. S. Secretary of Transportation
in support of the letter from Nate Enodt regarding opposition to funding
cut backs for Amtrak. AYES: Supervisors Dolan, Wheeler and Chairman Lemke.
NOES: Supervisor Moseley. ABSENT: Supervisor Winston.
REJECT CLAIM - DON D. NAGLER
On motion of Supervisor Moseley, seconded by Supervisor Wheeler
and carried, the claim of Don Do Nagler in the amount of $15,000 as a
result of alleged injuries incurred in the Butte County Jail was rejected
and referred to Counsel and Risk Management Coordinator.
295 ADDITIONAL MATTERS PRESENTED BY BOARD MEMBERS
Supervisor Wheeler submitted additional petitions from the
Beekeepers of Butte County for the record and a petition from the Beekeepers
Associations
Supervisor Mosely stated that she has had a request to have
Butte County's representative from the Superior California Senior
Citizens Nutritional Program present at the meetings,
Administrative Officer wi31 meet with Supervisor Winston
regarding this matter and advise Supervisor Moseley.
Chairman Lemke stated that he had received a letter from
Jan Davis, Paradise regarding home day care centers. The licensing was
turned over to the State Department of Health from the Butte County
Welfare Department, Mse Davis has asked that the licensing be done
on the county level.
Letter referred to Welfare Director for report with two weekso
Page I32.
February 13, 1979
February I3, 1979
- - - - - - - - - - - - - - - = C - _ ~ _ _ _ _ _ _ - _ - _ - _ - _ _ _
ADJOURNMENT
There being nothing further before the Board at this time,
the meeting was adjourned at 11:30 a.m. to reconvene on Tuesday,
February 20, 1979 at 9:00 a.m.
ATTEST: CLARK A. NELSON, COUNTY CLERK
RECORDER and ex-officio Clerk ~
of the Bard of Supervisors
By `~ Chairman, Boa rd 'of Supervisors
Page ,133.
February 13, 1979