HomeMy WebLinkAboutM030381March 3, 1981
STATE OF CALIFORNIA )
', ) SS.
', COUNTY OF BUTTE )
81- The Board o£ Supervisors met at 9:00 a.m. pursuant to adjournment.
{, ', Present: Supervisors Dolan, Lemke, Saraceni, Wheeler and Chairman Moseley.
', C1if Mickelson, administrative officer; by Mike Pyeatt, assistant administrative
officer; Dan Blackstock, county counsel; and Clark A. Nelson, county clerk-
',. recorder, by Nancy Wilson, deputy clerk.
Pledge of Allegiance to the Flag of the United States of America
', Invocation by Supervisor Lemke
'351 APPROVE MINUTES
On motion of Supervisor Dolan, seconded by Supervisor Lemke and
unanimously carried, the minutes of February 24, 19$1 were amended to read:
Minute order 81-319, page 102, paragraph one: "1Kx. Mackenzie is
not a member of the property owners and has not paid his share.; The
Paradise Pines Property Owners have paid for the one foot strip."
352 DECLARE FIXED ASSET.SURPLUS PROPERTY - DISTRICT ATTORNEY
On motion of Supervisor Lemke, aeconded by Supervisor Saraceni
and unanimously carried, the fixed asset (~k16724) an electric typewriter
be declared surplus was approved and the District Attorney to return to
', state as part of grant closeout for Criminal Justice grant.
'353 APPROVE PURCHASE OF FIXED ASSETS FOR DATA PROCESSING
On motion of Supervisor Wheeler, seconded by Supervisor Saraceni
and unanimously carried, the purchase of six file cabinets at a cost of
$1,176 for Data Processing unit to handle centralization of program source
listings was approved,
'354 APPROVE PROPERTY TAX EXCHANGE AGREEMENT - TAERMALITO IRRIGATION DISTRICT
', On motion of Supervisor Dolan, seconded by Supervisor Wheeler and
unanimously carried, an agreement relinquishing claims to property tax revenues
or an annexation proposal with Thermalito Irrigation District was approved
and the Chairman authorized to sign.
'355 PPROVE/DENY PENALTY ABATEMENT RE UESTS
On motion of Supervisor Dolan, seconded by Supervisor Wheeler and
unanimously carried, the following penalty abatement request was approved:
1. Terrie L. Steward, AP 045-13-2-029-0
the following penalty abatement requests were denied as over the 60 day period:
1. Brain K, Helton, AP 058-26-0-033-0
2. Dennis Lee and Suanne Harmon, AP 003-24-1-010-0
3. Steven K. Boeger and George J. Boeger, AP 039-32-0-016-0 and
39-32-0-017-0,
',35b PPROVE RELIEF FROM ACCOUNTABTLTTY SHORTAGE - DIRECTOR OF LIBRARIES
On motion of Supervisor Lemke, seconded by Supervisor Saraceni and
nanimously carried, the Airector of Libraries relief from accountability of
', $30 shortage was approved.
357
ROVE APPLICATION FOR AB 90 JUSTICE SXSTEM SUBVENTION PROGRAM. gpr.rTm-rnu R1_dQ..
On motion of Sugervisor Dolan, seconded by Supervisor Lemke and
nimously carried, submission of 1981-g~2 program application in the amount
$371,074 to the state for AB 90 Justice System Subvention Program was approved;
olution gl_gg was adopted and. the Chairman authorized to sign.
"Page 114.
March 3, 1981
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March 3, 1981
APPROVE BUDGET TRANSFERS
On motion of Supervisor Wheeler, seconded by Supervisor Saraceni
and unanimously carried, the following budget transfers were approved:
B-140 - Fire Departmen_t._ Transfers $1,420 from fixed assets -
equipment to rents and leases - structures due to a raise in rent for
Fire Station 4F•44, Chico.
B-141 - Oroville Constable. Transfers $200 from the reserve
to transportation and travel to cover an unanticipated increase in trans-
portation and travel costs.
B-142 - Juvenile Hall. Transfers $1,625 from the Juvenile Court
Wards budget to the Juvenile Hall rents and leases of equipment account to
cover the cost of a smoke deteetor_syste~-nstallation at the Juvenile Hall.
B-143 - Data Processing. Transfers $1,176 from rents and leases -
equipment to fixed assets - equipment to cover the cost of the purchase of
six file cabinets needed in order to uniformly central.z~ the 1800-1900
COBOL programs.
B-144 - Chico Municiyal Court. Transfers $6,000 from revenue
sharing plant acquisition - jail addition to office expense in order to
cover unanticipated increased costs in office expense due to extensive.
microfilming and other activities.
359ICONTINUE TO MARCH 10 1981 CONSIDERATION OF DISPOSITION OF THREE PARCELS - HCD
Gerald Lively, deputy administrative assistant, set out the
background on the proposed agreement with CHIP for a 90 day option to
purchase three parcels within the target area. They acquired the property
through HCD. The purpose is to eliminate blight, tear down the buildings
and rehabilitate the property and make disposition of it. They need this
program income for funds. They would like disposition of the property
before April 1 the deadline for the census figures to be out.
Supervisor Wheeler stated CHIP was a subsidized entity. She
questioned if they were the only ones to make an option.
Steve Musselman, administrative analyst, stated it is for people
who have a very low income. It is self help in conjunction with other people.
Most sales must be low or modest incomes. They cannot be put out to bid.
CHIP meets these requirements. They are scheduling ground breaking in the
next couple weeks.
Supervisar Wheeler did not feel they had substantial income for
that type of project. They have already purchased lots and not built on them.
Mr. Musselman stated there is a free option. This is the same
procedure they used for the sale of the last parcel. They can go out for
RFP's. There has been some other outside interests. Farm Homes could not
find anybody to live with their package proposal. CHIP has signed up people
who are willing and qualified.
Supervisor Wheeler stated before she could support this, she
wanted a commitment from CHTP. Tt is tax dollars going to build it.
Supervisor Lemke stated he felt it was a tremendous theory where
six families were all willing to help each one build their homes.
Mr. Musselman stated CHIP needed a commitment from the Board
before going to Farm Homes. Page 1i5.
March 3, 1981
March 3, 1981
Mr. Musselman stated they have not solicited county wide. They
have had people come into the office who were interested asking about the
lots. They have not put out RFP's. CHIP came to them with a proposal.
One lot has dirt from the EI Medio ditch on it. Another one they will
demolish and they have just acquired a third house which they will demolish.
The three just came to light within the last three weeks. The bugs on the
previous lots have been worked out and they are working against an April 1
There was a motion by Supervisor Wheeler, seconded by Supervisor
mke to deny an agreement allowing CHIP a 90 day option to purchase three
reels within the CDBG target area.
Supervisor Wheeler stated if the matter was continued for one
week to give staff time to recruit other proposals and to have CHIP appear
and set out their plans she would withdraw her motion.
Motion withdrawn. The matter was continued to March 10, 1981 for
consideration.
360 ADOPT ORDINANCE 2192: WAIVE SECOND READING OF SALARY ORDINANCE AMENDMENT
Bob Crisan, welfare director, set out the background on the
I~Homemaker Program. They have received $142,000 for the program. They
have set up the payroll program.. for this fiscal year. Tt is a month by
month program. If funds are not forthcoming from the state he will ask
the Board for guidance. A homemaker can perform in five different homes
or 52 hours per home at the rate of $3.35 per hour plus overhead. They
are doing a great saving. He understands they are going to legislation
for additional funding. They can show a saving. It is difficult for
individuals to find someone to stay with them when they get out of the
hospital. When state funds have run out he receives a telegram but the
state does not send notices to the individuals.
On motion-.. of~_:Supervisor Lemke, seconded by Superv~sos Dolan and
unanimously carried,~the..second reading of a salary ordinance amendment
eliminating the CJIS section, reflecting the new statutory salary for
municipal judges, adding six additional homemaker positions and reclassifying
the vacant air quality engineer position to investigator was waived; and
Ordinance 2192 was adopted and the Chairman authorized to sign.
Mr. Crisan stated there is no match money from the county on
the Homemaker Program. It is totally funded from the state and federal
government. There were delays in November 1979 in making payments.
When the federal and state funds are depleted the program is to
be terminated.
361
APPROVE CALIFORNIA CHILDREN SERVICES FUNDING - PUBLIC HEALTH
Dr, Svihus, public health director, set out the background on
the request to extend Children Services in excess of the state mandated
minimum county contribution of $15,740. The county or state has no controls
on the standards for elgibility. It is for bones, kidney and heart problems.
He is requesting an extension, if it is not granted they will close the program
immediately. If the program was stopped immediately with no new additions,
those currently being served would be funded. They only come to California
Children Services if they have no other insurance or do not qualify under
Medical or Medicare. Tt is their last resource. Expenses have rose.
Clif Mickelson, administrative officer, stated there was $15,000
budgeted. 'Page 116.
March 3, 1981
8].-
March 3, 1981
On motion of Supervisor Lemke, seconded by Supervisor Wheeler and
unanimously carried, authorization to extend Children Services in excess of
the state mandated minimum county contribution by $15,740 was approved.
PRESENTATION OF CHANNEL ONE DRUG ABUSE PREVENTION PROGRAM - COMMUNITY ACTION
AGENCY
James McNaughton, executive director, Community Action Agency
and Ted Klemm presented a slide on Channel One Drug Abuse Prevention Program
at this time.
362
Mr, McNaughton stated there is a similar program in Gridley.
The program is being chaired by youth. There were approximately 30 teens
in attendenee at the meeting last evening. Various merchants are donating
supplies and assistance.
PUBLIC HEARING DATE SET - VARIANCE FOR PLACEMENT OF MOBILE HOME
363
A public hearing date of March 24, 1981 at 10:00 a,m. for consider-
ation of the David and Wandalee Slankard request for variance to Sections
19-10 and/or 19-12 of the Butte County Code for placement of a mobile home
on AP 65-18-27, 6624 Woodward, Magalia area, zoning: "RT1A",
RECESS: 9:58 a.m.
RECONVENE: 10:10 a,m.
PUBLIC HEARING: RUBY L. BOWLES REQUEST FOR VARIANCE TO SECTIONS 19-10 AND/OR
19-12 OF THE BUTTE COUNTY CODE FOR PLACEMENT OF A MOBILE HOME
364
The public hearing on the Ruby L, Bowles petition for variance to
Sections 19-10 and/or 19-12 of the Butte Counry Code for placement of a
mobile home on AP 25-03-030, 2321 Oakwood Lane, Oroville area, zoning: "A-2"
was held as advertised,
Lynn Vanhart, environmental health director, set out the request.
t is for a mother and daughter who both need to be close.-
Hearing open to the public. Appearing: No one,
Hearing closed to the public and confined to the Board.
On motion of Supervisor Lemke, seconded by Supervisor Saraceni
and unanimously-carried, the petition of Ruby L, Bowles for a variance to
Sections 19-10 and/or 19-12 of the Butte Counry Code for placement of a
mobile home on AP 25-03-030, 2321 Oakwood Lane, Oroville area, zoning "A-2"
was approved.
ADOPT RE50LUTIONS 8I-50, SI-5I AND 81-52: PUBLIC HEARING: ABANDONMENT
OF PUBLIC ROAD RIGHT-OF-WAY AND PUBLIC UTILITIES EASEMENT
The public hearings on the following items were held as advertised:
1. Oliver Barney abandonment of public road right-of-way, Hewitt
Avenue, between Palermo Road and Williams Avenue, Palermo.
2, DeWitt Hoffman abandonment of public utilities easement, Lot
93, Unit 15, Paradise Pines.
3, Keith LeValley abandonment of public utilities easement, Lot
24, Unit 2, Paradise Pines Country Club,
Bettye Blair, planning director, stated all of the abandonments
sere in order.
365
Page 117,
March 3, 1981
March 3, 1981
Hearing open to the public. Appearing:
1. Keith LeValley stated he-was representing the owner.
Hearing closed to the public and confined to the Board.
On motion of Supervisor Lemke, seconded by Supervisor Saraceni
unanimously carried, the following action was approved:
1. Adopted Resolution 81-50 on the Oliver Barney abandonment of
lic road right-of-way, Hewitt Avenue, between Palermo Road. and Williams
mue, Palermo and the Chairman authorized to sign;
2, Adopted Resolution 81-51 on the DeWitt Hoffman abandonment.
public utilities easement, Lot 93, Unit 15, Paradise Pines and the
irman authorized to sign;
3. Adopted Resolution 81-52 on the -Keith LeValley abandonment
public utilities easement, Lot 24, Unit 2, Paradise Pines Country Club
the Chairman authorized to sign,
366 fcONTINUED PUBLIC HEARING: JOHN FREEMAN PROPOSED NEGA TIVE DECLARATION AND
PPEAL OF DENIAL OF TENTATIVE PARCEL MAP, AP 27-25-05, FOUR LOTS, PROPERTY
LOCATED BETWEEN PALERMO HONCUT HIGHWAY AND CARMEL AVENUE, SOUTH OF CRAIG
The public hearing on the John Freeman proposed negative declaration
nd appeal of denial of tentative parcel map, AP 27-25-05, four lots, property
ocated between Palermo Hancut Highway and Carmel Avenue, south of Craig
venue, Palermo area was held as continued,
Lynn Vanhart, environmental health director, stated the hearing
ad been continued for further information on the soil and nothing had been
one.
Supervisor Saraceni stated he had met with Mr. Vanhart and Mr.
Hearing open to the public. Appearing:
I. John Freeman, applicant, looked at the area 7 to 8 months ago
or to purchasing the property. He had discussed the area with Mr. Nelson
Evironmental Health and he did not feel there was a major problem with
soil. After acquiring the property Ron Graves and Associates did perk
is and they felt they were okey. He has applied fora permit from sanatation,
2. Mike Evans, engineer, stated they had done perk testa and feared
he soil depth. There is rolling terrain, There is a problem with drainage
fter it goes underneath Che Honcut Highway, The culvert is small and causes
a ter backup. It causes flooding on the subject property. There are two
2 acre parcels. They divided it into four 6 acre parcels but have not.
eceived an answer from sanitation. They do not feel further tests should
e done. The rules do not apply on the two existing parcels, when they chose
o divide further it fell under the subdivision ordinance. The lower area
s rolling and swalley. The perk tests were in the higher elevation.
Mr. Vanhart stated they were dealing with two different ordinances.
land division there is a minimum of 2 to 3 feet of soil. Two to three feet
fists on the two parcels.
Supervisor Saraceni stated he had visited and walked the site and
s in agreement with Mr. Vanhart,`-He felt there would be a problem going
Page 118.
March 3, 1981
Ma_rc_h 3 ,_ 1981
into the four parcels, There are low and high areas. They would have to
maintain a system on the higher area for it to properly function,
Mr. Vanhart stated his offices works with applicants and makes
every effort to acquire a workable system which is available,
Hearing closed to the public and confined to the Board.
On motion of Supervisor Saraceni, seconded by Supervisor Lemke
and unanimously carried, the John Freeman appeal of denial of tentative
parcel map, AP 27-25-05, four lots, property located between Palermo Honcut
Highway and Carmel Avenue, south of Craig Avenue, Palermo area be denied;
applicant to proceed with the two twelve acre: parcels and finding that
the proposed project could not have a significant effect on the environ-
ment.:
Mr. Vanhart stated there is no way they can guarantee a permit
on the existing parcel. They will make every effort to work it out,
367
ADOPT ORDINANCE 2193: PUBLIC HEARING: PAUL TYLER PROPOSED NEGATIVE
DECLARATION REGARDING ENVIRONMENTAL IMPACT AND REZONE FROM "A-2 LTD."
TO "R-2" PROPERTY LOCATID ON THE SOUTHWEST CORNER OF THE INTERSECTION
OF YUBA AVENUE AND 7TH STREET IDENTIFIED AS AP 31-23-7-008 THERMALITO
The public hearing on the Paui Tyler proposed negative declaration
regarding environmental impact and rezone from "A-2 Ltd." (limited general)
to "R-2° (duplex residential), property located on the southwest corner of
the intersection of Yuba Avenue and 7th Street, identified as AP 31-23-7-008,
Thermalito was held as advertised.
Bettye Blair, planning director, stated the project was recommended
and brought forward from the Planning Commission, They found it in conform-
ance with the General Plan. The Planning Commission asked that staff
study and bring fortrard only this application at this time. The Boards ''~~
requested thedCommission _ , to hold further hearings on this property,
Earl Nelson, environmental review director, stared there were
minor concerns of traffic and drainage. They recommend a negative declaration.
Hearing open to the public. Appearing~C No one..
Hearing closed to the public and confined to the .Board.
On motion of Supervisor Saraceni, seconded by Supervisor Wheeler
and unanimously carried, finding that the proposed project could not have
a significant effect and is consistent with the General Plan and minimum
density a negative declaration was recommended; Ordinance 2193 rezoning
the Paul Tyler property from "A-2 Ltd," (limited general) to "R-2" (duplex
residential}, property located on the southwest corner of the intersection
of Xuba Avenue and 7th Street, identified as AP 31-23-7-008, Thermalito was
adopted and the Chairman authorized to sign.
On motion of Supervisor.Lemke, seconded by Supervisor Dolan and
unanimously carried, referred to the Planning Commission fora study on
the "R-2" zoning in the Thermalito area.
368
APPROVE/DENY PENALTY RELIEF REQUESTS - TREASURER-TAX COLLECTOR
On motion of Supervisor Lemke, seconded by Supervisor Wheeler and
unanimously carried, the following items were approved:
1. Authorized penalty relief for J. B, McCune on AP 056-13-0-010-1.
2. Denied penalty relief on Louis B. Harper on AP 034-63-0-011-0,
Page 119,
March 3, 1981
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_ March 3, _1981_ _ _ _
ADOPT RESOLUTIONS 81-53 81-54 AND 81-55 - PUBLIC HEARTNG DATES SET
On motion of Supervisor Lemke, seconded by Supervisor Dolan and
unanimously carried, the following items were approved:
1. Adopted Resolution 81-53 setting a public hearing date of
(April 7, 1981 at 10:00 a.m, for conaideration of Ronald .D, Williams
abandonment. of public utilities easement, Paradise Pines Unit 15, Lot 43
and the Chairman authorized to sign.
2, Adopted Resolution 81-54 setting a public hearing date of
April 7, 1981 at 10:00 a.m. for consideration of the E, Thomas Cotton and
Robert L. Sherman abandonment of public utilities and recreational easement,
Paradise Pines Unit 15, Lots 47 and 71 and the Chairman authorized to sign.
3. Adopted Resolution Si-55 setting a public hearing date of
April 7, 1981 at 10:00 a.m. 'for consideration of William Taylor abandonment
o£ public utilities and recreational easement, Paradise Pines Unit 10,
Lot 71 and the Chairman authorized to sign.
PUBLIC HEARING DATE SET
A public hearing date of March 24, 1981 at 10:00 a.m, was set for
conaideration of the Kent Parker proposed negative declaration regarding
environmental impact and rezone from "A-5" (agricultural - 5 acre parcels)
to "A-160" (agricultural - 160 acre parcels), property located: site 1 -
approximately one mile south of Bangor and 1/2 mile east of La Porte Road;
site 2 - on Swain Hill, two miles south of Bangor, identified as AP 28-23-9
and 28-09-2, Bangor.
A public hearing date of March 24, 1981 at 10:15 a.m. was set for
consideration of the Butte County Planning Commission amendment to Chapter 24
of the Butte County Code to add Section 24-201 Day Care Facilities,
REPORT TO THE BOARD - DENTED REZONE
There was a report to the Board on the Melvin 0, Carpenter proposed
negative declaration regarding environmental impact and denied rezone from
"RT-1" (minimum density residential - mobile home) to "C-C" (community
commercial), located on the southwest corner of the intersection of Skyway
and South Park Drive, identified as AP 66-08-44, Magalia,
CONTINUE TO MARCH 17 1981 - HOUSING ELEMENT AMENDMENT
Bettye Blair, planning director, stated in her memo to the Board
she requested direction regarding the 40 hours which the consultant was _
willing to give on the Housing Element Amendment,
SUPERVISOR WHEELER ABSENT AT THIS TIME
Ms. Blair stated the citizen's committee was working an the document.
She was pointing out the consultants information that it was not conforming
to their guidelines. There is a lot of clerical and mechanical work to be
done on the context and it cannot be achieved within the 40 hours, Ms.
Blair stated she would meet with Supervisor Saraceni to bring him up to
date on all of the information,
SUPERVISOR WHEELER PRESENT AT THIS TIME
Ms. Blair stated there will be new appointments .to the citizens
committee, The openings will be posted and she will bring back new appoint-
ments for the committee,
The matter was continued, to March 17,.1981.
Page 120.
March 3, 1981
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376
March 3, 1981
AUTHORIZE CANCELLATION OF GEORGE AND KIM SOSNOFF LAND (:UNSN~RVA'i'lUN H(s1iF5EM~':D
Bettye Blair, planning director, set out the background on the
immediate cancellation of their Land Conservation Agreement pursuant to
Government Code Section 51112, The TP zoning is parallel with the request.
On motion of Supervisor Lemke, seconded by Supervisor Wheeler
and unanimously carried, the immediate cancellation of the Land Conservation
Agreement signed:by George and Kim Sosnoffwas authorized; and the property
be converted to TPZ zoning was approved.
ADOPT ORDINANCE 2194 -- INTERIM ZONE - REFER_TO PLANNING FOR STUDY OF AREA
Bettye Blair, planning director, stated the request was referred
to Planning from last weeks meeting, Their recommendation was for denial,
They felt the entire area should be studied and not done on a piecemeal
basis. The zoning does not provide for mobile homes in this area. There.
is new legislation whereby the housing unit must be on permanent footing.
Supervisor Saraceni stated the individual was coming out of the
hospital and this was the reason for the request at this time, He would
like to see the zoning studied but felt this request should be approved.
On motion of Supervisor Saraceni, seconded by Supervisor Wheeler
and unanimously carried, Ordinance 2194 an interim ordinance zoning to
"AR-M<i" for the H, C, Giabruno property identified as AP 36-30-21 was
adopted and the Chairman authorized to sign,
On motion of Supervisor Wheeler, seconded by Supervisor Saraceni
and unanimously carried, referred to Planning Department the entire area
east of Upper Palermo Road and south of Wyandotte Road to be studied
regarding placing into the "AR-MH" zone was approved,,
Supervisor Wheeler stated she would like to refer to staff and
County Counsel for a report regarding the total ramification to the
agriculture organizations within Butte County of an ordinance pertaining
to suits against nuisance. Such a document has been approved by the State
of North Carolina. She feels the farmers were there first.
CONTINUE TO MARCH 10, 1981 - APPOINTMENTS
The following appointments were continued to March 10, 1981:
1. Appointment to the Agricultural Advisory Commission - District 5.
2, Appointment to the Butte County Fair Board - District 5.
377
APPROVE APPOINTMENTS TO HANDICAPPED BUILDING CODE BOARD OF APPEALS
On motion of Supervisor Dolan, seconded by Supervisor Wheeler and
unanimously carried, the appointments to the Handicapped Building Code
Board of Appeals were:
Dan Peterson
Rosa Bettencourt, alternate
378
APPROVE APPOINTMENTS TO AIR POLLUTION CONTROL HEARING BOARD
On motion of Supervisor Wheeler, seconded by Supervisor Dolan and
unanimously carried, the appointments to the Air Pollution Control Hearing
Board were:
Carl Leverenz
Harry Hansen
Page 121.
March 3, 1981
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March 3, 1981 _
CONTINUE TO MARCH 10 1981 APPOINTMENT TO THE MENTAL HEALTH ADVISORY BOARD
The appointment to the Mental Health Advisory Board was continued
to March 10, 1981.
TAKEN_.OFF-.AGENDA.> - _.JOINT MEETING WITH PLANNING COMMISSION
The joint meeting with the Planning Commission scheduled for
March 4, 19:81 was taken off the agenda.
Supervisor Saraceni stated he had received several phone calls
from the Planning Commissioners regarding a heavy hearing schedule.
Planning Director Bettye Blair is to come back with suggested dates.
381
382
COMMUNICATIONS
Association for Retarded Citizens, Chico. The organization writes requesting
that the Board proclaim March to be Mental Retardation Month. A
letter of support to be forwarded.
Mr, and Mrs. Edward Gettle, Chico, The Gettles write in opposition to a
proposed rezoning of the Burson and Hobart tract near E1 Paso
Way in Chico. Information; no action taken.
MacKinnon Family, Chico, The MacKinnons write in opposition to a proposed
rezoning of their property on Glenwood Avenue in Chico. Infor-
mation; no action taken.
Robert F. Adams, Chico, Mr, Adams writes in opposition to a proposed
rezoning from ASR to accommodate the proposed green line in the
Chico area. Information; no action taken.
Brian D. Rea, Rock Canyon Farms, Forest Ranch. Mr. Rea writes urging the
Board of Supervisors to renew the Land Conservation Act agreement
affecting the real property which he manages. Referred to the
Land"Conservation Act Committee.
Paradise Ambulance Service. Richard Crabtree writes providing information
on the operation of the Paradise Ambulance Service. Information;
committee meeting is scheduled,
U. S. Department of Labor - CE TA, The department provides information on
their quarterly assessment, of performance on all Butte County CE TA.
programs. Response of Personnel Director handled later in the
meeting.
Carl Vernon Hecker, Clipper Mills. Mr. Hecker submits a claim alleging
losses and damages resulting from an accident occurring December 30,
1980, See motion following communications.
Goldstein, Barceloux & Goldstein. The attorneys, on behalf of Christoper
James Perez, submit a claim for injuries and damages alleged to
have occurred January 7, 1981. See motion following communications,
REJECT CLAIMS - CARL VERNON HECKER AND CHRiSTOPER JAMES PEREZ
On motion of Supervisor Wheeler, seconded by Supervisor Lemke and
unanimously carried, the following claims were rejected and referred to
County Counsel and Risk Management Coordinator:
1. Carl Vernon Hecker, Clipper Mi11s claim alleging losses and
damages resulting from an accident occurring December 30, 1980; and
2. Christoper James Perez claim for injuries and damages alleged
to have occurred January 7, 1981.
Paga 122,
March 3, 1981
81- 383
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March 3, 1981 _ _
APPEARANCE: LARRY JENKINS--PREFERRED TO PUBLIC WORKS AND SUPERVISOR SARACENI
Larry Jenkins, Oroville, questioned who issued building permits.
He has trouble with water backing up onto his property, He felt the problem
was caused by Wynoka Homes contractor. He would not like to see any additional
homes built until the drainage problem is solved.
Referred the matter to Public Works and Supervisor Saraceni.
384
385
REPORT FROM PERSONNEL DIRECTOR RE: CETA PUBLIC SERVICE EMPLOYMENT PHASE-OUT
Jim Rackerby, personnel director, presented a memo to the Board
regarding the notification from the Department of Labor on President Reagan's
plan to phase-out the Public Service Employment. (PSE) jobs program (Title IID
and Title VT). His office will be reviewing and taking appropriate action
to their recommendation. They have received a telegram -iriplemen€anq `an
immediate freeze on hiring and degartment direction to impleY[[e~~ 'phase-oui.
by September 30, 1981. The memo includes data regarding jobs filled in
each title. Between now and the September 30, 1981 deadline they will
attempt to place them in private sector jobs. They will need between
$4 and 4 1/2 million to operate. They will be reporting back if there
are any problems. They will study the administrative staff of their office
during the phase-out-period. Staff will be reassigned to other activities ox
laid-off.
Supervisor Saraceni stated he hoped there would be more jobs
in the private sector. They are trying- to get private industry to come
into Butte County.
CONTINUED PUBLIC HEARING: ENVIRONMENTAL DEVELOPMENT, INC., PROPOSED NEGATIVE
DECLARATION AND REZONE FROM "A-2" (GENERAL) TO "FR-40" (FOOTHILL RECREATIONAL
40 ACRE PARCELS), PROPERTY LOCATED APPROXIMATELY SEVEN MILES SOUTH OF SCHOTT
ROAD, ON DOE MILL ROAD, IDENTIFIED AS A PORTION OF AP 46-71-15, FOUR MILES
WEST OF PARADISE
The public hearing on Environmental Development, Inc. proposed
negative declaration regarding environmental impact and rezone from "A-2"
(general) to "F`R-40" (foothill recreational - 40 acre parcels), property
located approximately seven miles south of Schott Road, on Doe Mill Road,
identified as a portion of AP 46-71-15, four miles west of Paradise was
held as continued.
Bettye Blair, planning director, stated this project had been
referred back to the Planning Commission for consideration of "FR-5" zoning.
Ms. Blair indicated the map posted on the board. She set out the zoning on
the map.
Earl Nelson, environmental review director, stated the Hayes
environmental determination. was applicable to this project, The negative
declaration was written for 40 acre parcels. The 5 acre development or
allowing the portion of the division to 5 acres would be identical to the
Hays project. One area of concern was maximum development of the entire
ridge and the effect to the entire area.
Hearing open to the public. Appearing:
1. Jeff Cussick. Mr. Cussick posted an aerial photo map on the
board at this time. There was discussion at the map. He would like to see
the top zoned "A-2" or 5 acre zoning. He would be opposed to changing any
of the zoning on the lower area that was zoned several years ago.
Supervisox Lemke was told by County Counsel this was a result of
a condition that he actively pursue zoning. Supervisor Lemke stated if the
Board turns this project down it is their action they deligently pursued
zoning. Page 123.
March 3, 1981
81-
3
Maxch 3, 1981
Mr, Cussick stated he would rather it remain "A-2" than the 5 to 10
acre zone, He could come back later fora zone change.
Mr. Nelson stated the figure in the EIR shows 1700 acres in "A-2"
on the ridge.
Supervisor Wheeler stated they should deny the project and direct
staff to work .with property ownera in the area to delineate "A-2" zoning
in the area,
Supervisor Dolan stated this came forward because there was a
subdivision map that was filed, This is a report of staff because the map
was being filed. They could have looked at it before it went to Planning,
2. Russ Croninger, representing Mr. Hayes and a number of owners
in the Doe Mill area. They are currently working on a large map in the
area. Zhey felt there was a circulation problem, He felt Mr. Cussick had
a valid point. They are only dealing with land, He would work with staff
to formulate the size of parcels and on circulation, It might speed up
their development plans.
Ms. Blair stated they would like to have the Planning Department
involved with development plans on Doe Mill Road. Tt will help to have
the over all scope, -There ahould be an instructional workshop with
developers such as predevelopment conference. It could be with one or
two or more meeting with the Planners with preliminary plans. It should
include Environmental Health, Environmental Review and Fire Department..,
Mr, Croninger was in agreement. This could make for a viable
project by looking at a scope of the plans for the area. There was concern
on the open grazing idea.
Hearing closed to the public and confined to the Board.
386
On motion of Supervisor Wheeler, seconded by Supervisor Saraceni
and unanimously carried, the Environmental Development, Inc, request for
rezone from "A-2" (general) to "FR-40" (foothill recreational - 40 acre
parcels), property located approximately seven miles south of Schott Road,
on Doe Mill Road, identified as a portion of AP 46-71-15, four miles west
of Paradise be denied on testimony given; and direct Planning staff to
study the Doe Mill Road and ridge area.
RESOLUTION 81'6` ANA 81-~:7 - PUBLIC HEARING: SOUTH OROVILLE ASSESSMENT
The public hearing an the South Oroville Assessment District was
held as advertised.
Robert Brunaell, bond counsel, set out the background on the South
O~oville Assessment District. In order to close the Farm Home Administration
loan to the district it is necessary to begin the process of authorizing
issuance of improvement bonds per the Improvement Bond Act of 1915. It is
necessary that two resolutions be adopted. The interest rate will be 5 percent.
Hearing open to the public. Appearing: No one.
Hearing closed to the public and confined to the Board.
On motion of Supervisor Saraceni, seconded by Supervisor Lemke and
unanimously carried, the following action was taken:
1, Adopted Resolur.ion 8I-~ authorizing issuance of improvement
onds under the provisions of tI~ d~}iprovement Bond Act of 1950 in the
Page' 124.
March 3, 1981
March 3,1981
principal amount of $12,500; ~.+ ~ ~ T
81•
2. Adopted Resolution 81-57 directing publication of a notice inviting
sealed bids for improvement bonds with bids to be received no later than
Tuesday, March l7, 1981 at 11:00 a.m. in the Board of Supervisors Room, 25
County Center Dxive, Oroville.
387 CONTINUE TO MARCH 24, 1981 AT-10:30 A,M, - PUBLIC HEARING: BUTTE COUNTX
PLANNING COMMISSION AMENDMENT TO CHAPTER 24 OF THE BUTTE COUNTY CODE TO
STANDARDIZE SPACE REQUIREMENTS FOR LIVESTOCK IN THE "A-R", "AR-5", "AR-MH",
"AR-MH-3", "AS-R", "FR-2", "FR-5", "FR-lb; "FR-20", "FR-40", "FR-160", "S-R",
"SR-l/2rr~ nSR-1", "SR-3n, nTM-1", "TM-2", nTM-2 1/2ne „~-3n, nTM-5", rrTM-10",
"TM-20" "TM-40" AND "TM-160" ZONES, COUNTYWIDE
The public hearing on the Butte County Planning Commission amendment
to Chapter 24 of the Butte County Code to standardize space requirements for
livestock in the "A-R", "AR-5", "AR-MH", "AR-MH-3", "AS-R", "FR-2", "FR-5",
"FR-l0", "FR-2D", "FR-40", "FR-160", "S-R", „SR-1/2,', nSR-1", "SR-3", „Tl~-l",
"TM-2°, °TM-2'~", "TM-3", "TM-5", "TM-10°, °TM-20", "TM-40" erid "TM-160" zone3,
countywide was held as advertised.
Bettye Blair, planning director, set out. the background on the
hearing, The Planning Commission originally went to square footage of live-
stock in four specific zones. There was a lot of public information and input.
They denied their own project because of their second hearing they were
stymied. She asked that if this project were to be approved that the final
decision be continued for two weeks because of the extensive publication.
She had given copies of the letter from Mr. McCabe~to the members. He is
supportive of the proposal,
Earl Nelson, environmental review director, s€at@dr~fxe~orginal
checklist is applicable to the revised amendment considerations. The major
problems would be maintenance of odor, flies and bites from animals, They
recommend.. a negative declaration,
Ms. Blair stated the original proposal was before the Agricultural
Advisory Commission for review. There had been dissuasion at the .'Planning
Commission level regarding tethering within 50 foot of adjacent~,property.
Supervisor Dolan stated the testimony shows concerns covered under
the nuisance ordinance. She felt the good neighbor policy should take care
of it.
Supervisor Lemke stated he felt it was the animal owners responsibility
to keep the area clear where they keep their animals. He did not know how
they would enforce it.
Ms. Blair stated the Commission determined legislation would be
necessary to cover the maintenance of animals. The nuisance would have to
be a health hazard to humans.
Hearing open to the public. Appearing:
1, Linda Seager, Chico. Mrs. Seager stated her neighbors were not
the cooperative type. They own exo+rircbirds. There is a terrible fly problem,
She has called the Zoning Investigator and Health Department but with no
action, She was told she could get 40 goats. Her neighbors are very hostile,
She has to live with it or sell her property.
Dan Slackstock, county counsel, stated it is a private nuisance, not
a public one. The county cannot enforce it. She must seek her own counsel.
Page 125.
March 3, 1981
81~
3. Lois Story, E1 Monte, Chico. Mrs. Story lives in Che "S-1"
zone, It does not permit livestock. They moved there in 1959 and wanted
horses. They-went to Planning and had the zone changed. She was supportive
of the proposal. It was a reasonable compromise. Mrs. Story set out the
figures regarding the impact of the number of horses and money spent to
maintain them, There are pony clubs and 4-H clubs for the youth in this
Ms. Blair stated set backs come from drainage and septic.
4. Patty Roach, Dry Creek Road, Oroville. Mrs. Roach did not
feel limiting the number of animals would solve the problem of maintenance.
Her husband is a horse trainer. She did not feel the county should be limit-
ing the number, it should be up to the individual. If ti~ere is a problem
the Health Department should be called and they will take care of 'cit.
Ms. Blair stated if the county is going to have square footage
for livestock, they are not talking about strictly agriculture zones. They
are trying to be uniform.
Mrs. Roach attended several Planning Commission hearings and she
aid not think the Commissioners listened to what the people talked about.
5. Tony Holiquist, Durham. Mr. Holiquist stated they are concerned
about all the 4-H kids. He feels by having the animals to work with and
enjoy they do not get into .:€-;c:z trouble. He suggested limiting the number
of animals per family members.. `~
*~~
March 3, 1981 _ _ _ _
2, Caroline Craw, Larkin Road, Biggs. Mrs. Crow lives in an area
,oned' "A-2" • 'On the adjoining property there .are' a'thorse and;' pony. ~~There is
a terrible problem with the smell, especially when it rains, When they
called the Health Department they were told to get hogs and put in their back
yard, She did not feel animals should be so close to their wells. They
should not allow animals on such a small lot,
6. Ron College, Thermalito. Mr. College felt they should solve
the nuisance problem and not the number of animals. He is a horse shoer
and feels most of the people take care of their animals. He felt there
are tao many controls now.
Supervisor Dolan stated the proposal was for leas, .r°~
It is allowing more animals in zones than now exists. The nuisance ordinance
is not a tool for control of noise and odor.
7, DeVere Pace, Chico. Mr. Pace stated he felt the solution is
the best compromise. He does not like restrictions. He hopes they will
approve the proposal.
8. Dorothy Bess, Cohasset, Chico, Mrs. Bess felt if children
had animals it made them into better individuals. It is important to keep
families doing things together. There are many people interested in horse
shows, races and trail rides, Flys can travel as far as 300 miles.
Mrs. Story advised the audience how to get ridgy of the flies.
She felt the ordinance should include 4-H projects. They are normally short
term projects.
Mr. Blackstock advised it is a state law not a county law.
Ms.-Blair stated the discussion of 4-H and FFA organizations was
scussed with County Counsel and it was their opinion they should not set
t any particular club as there are ones= which~'inight be overbooke`d`.
Page 126.
March 3, 1981
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389
390
391
392
March 3, 1981
The hearing was continued to March,24, 1981 at 10:30 a.m.
Supervisor Lemke stated he would like the matter referred to
the Agricultural Advisory Commission.
DISCUSSION: REGARDING SWEDES FLAT ROAD - APPROVE.iJSE__OE_TUBES
Supervisor Saraceni reported on a discussion with Clay Castleberry,
public works director, regarding Swedes Flat Road drainage problem, They
could obtain used tubes to use at no cost, There are people willing to
perform same of the-work, Public Works will make their equipment available
when they are in the area. It will make the road accessable. Other improve-
ments must be done by the residents. The road will be useable year round.
On motion of Supervisor Saraceni, seconded by Supervisor Lemke
and unanimously carried, to obtain atac+ aW the used tubs for use on Swedes
Flat Road with no money being used with the exception of maintenance time
by Public Works to put the tubs in place and the people from the area are
to do the work; the road maintenance time is to be used when they are in
the area was approved.
Supervisor Wheeler presented the report from the Sewage Disposal
Committee.
ADDITIONAL COMMUNICATIONS
Jim Min to, Durham. Mr, Minto writes appealing the Advisory Agency's decision
concerning a Boundary Line Modification on AP 38-18-15, corner of
White Drive and Taylor .Avenue. Seta public hearing date of
March 31, 1981 at 10:00 a,m.
ADDITIONAL ITEMS BY BOARD MEMBERS
Supervisor Lemke was concerned that the Sheriff study was taking
so long.
Clif Mickelson, administrative officer, stated they will have it
by budget time for their consideration.
EXECUTIVE SESSION: The Board recessed at 12:37 p.m. Co hold an executive
session regarding litigation.
RECONVENE: The Board reconvened at 1:18 p.m. after holding an executive
session regarding litigation. See motion below.
~THORIZE COUNTY COUNSEL TO TAKE ACTION RE: BARER MINE
On motion of Supervisor Lemke, seconded by Supervisor Saraceni and
~animously carried, County Counsel was authoried to take appropriate action
ainst various individuals to require compliance relative to the damage and
oblems with the roads and reclamation permit requirements in connection
th the Bader Mine in the event the promises for compliance are not forth
There being nothing further before the Board at this time, the meet-
was adjourned at 1:19 p.m. to reconvene at 9:00 a.m. on March 10, 1981.
'TEST: CLARK A. NELSON, COUNTY CLERTC-
RECORDER and ex-officio Clerk
of the and of Supervisors
Chairman, Board of uperviso
Page 127.
March 3, 1981