HomeMy WebLinkAboutM031180March 11, 1980
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The Board of Supervisors met at 9:00 a.m. pursuant to adjournment.
Present: Supervisors Dolan, Moseley, Wheeler, Winston and Chairman Lemke
Clif Nickelson, administrative officer; Dan Blackstock, county counsel; and
Clark A. Nelson, county clerk, by Cathy Pitts, assistant clerk to the Board.
Pledge of Allegiance to the Flag of the United States of America
Invocation by Supervisor Moseley
APPROVAL OF MINUTES
On motion of Supervisor Winston, seconded by Supervisor Wheeler
and unanimously carried, the minutes of March 4, 1980 were approved with
the correction to. minute order 80-348 regarding the north Esplanade rezone
as follows:
The map shoula be included that designates the "H-C" zoning
on the west side of the Esplande as presented by the Planning Staff.
APPROVE CETA ITEMS
On motion of Supervisor Dolan, seconded by Supervisor Wheeler
and unanimeusly carried, the following CETA items were approved:
1. Authorized the purchase of two Resusci Armies, for training
CPR with an approximate cost of $475 each.
2. Authorized $7 a day allowance fox CETA building inspector
trainee out-of-county assignments.
3. Authorized the Director to cancel the Title VI project with
Palermo School.
AUTHORIZE SENDING OF TELEGRAM RE: SENATE BILL 1300
Dan Blackstock, county counsel, reported on the Surface Mining
Committee meeting that was held regarding Senate Bill 1300 relating to
proposed changes to the Surface Mining and Reclamation Act of 1975.
The committee recommended that the Board send a telegram in opposition
to SB 1300. This bill would require that the state approve and review
the reclamation plans. This will eliminate local control. The state would
be given the authority to say what goes in the county reclamation plans and
would have specific authority to review the county's reclamation activities.
On motion of Supervisor Winston, seconded by Sugervisor Moseley
and unanimously carried, the sending of a telegram in opposition to
SB 1300 relating to the proposed changes to the Surface Mining and
Reclamation Act of 1975 was authorized.
On motion of Supervisor Dolan, seconded by Supervisor Wheeler
and carried, the waiving of the second reading of the salary ordinance
amendment implementing the personnel changes in CETA administration necessary
under the Title ViI plan was approved; Ordinance 2083 was adopted and the
Chairman authorized to sign. AXES: Supervisors Dolan, Moseley, Wheeler
and Chairman Lemke. NOES: Supervisor Winston.
ADOPT ORDINANCE 2083: WATVE SECOND READING OF SALARY ORDINANCE AMENDMENT
ADOPT RESOLUTION 80-46 CONSOLIDATION OF ELECTION
On motion of Supervisor Moseley, seconded by Supervisor Dolan
and unanimously carried, Resolution 80-46 consolidating the request from the
Pioneer School District and the City of Biggs with the ,Tune election was
adopted and the Chairman authcisf.~d to sign.
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!1PPROVE WEED CONTROL CONTRACT
On motion of Supervisor Winston, seconded by Supervisor Moseley
and unanimously carried, the contract with the State Department of
Transportation for the county to furnish. labor, equipment and materials
required to control and/or eradicate Johnson grass, Russian thistle and'
other noxious weeds on state highway rights-o£-way in the County of Butte
for the period Juiy 1, 1980 through, June 30, 1981 with the county costs
incurred not to exceed $6,000 was approved and the Chairman authorized to
sign..
APPROVE OIL AND GAS :-APPRAISAL CONTRACT
On motion of Supervisor Moseley, seconded by Supervisor Wheeler
and unanimously carried, the contract with Harold W. Bertholf & Associates
to conduct oil and gas appraisals and assessments and related work in an
amount not to exceed $3,260 for the period from July 1, 1979 to June 30,
19$0 was approved and the Chairman authorized to sign.
APPROVE BUDGET TRANSFERS
On motion of Supervisor Dolan, seconded by Supervisor Wheeler
and unanimously carried, the following budget transfers were approved:
8-99 - CETA transitions (various departments). Transfers $277,601
from regular salaries and wages and $104,174 from employee benefits in
the CETA - PSE transition budget to salaries and wages and employee
benefits in various county operating departments.
B-101 - Gridl~ Justice Court. Transfers $7 from publications and
legal notices to:memberships in order to cover higher than anticipated
membership dues for the California Judges Association and Clerks
Association.
B-102 - Central Services. Within Central Communications transfers
$64 from maintenance of equipment to professional and specialized
services in order to provide an appropriation for the analysis of a
microwave path and frequency coordination for a receiver control link.
Also transfers $3,000 from the reserve to the gas and oil budgetary
account in the motor pool to provide an additional appropriation for the
remainder of the fiscal year as a result of increased car pool usage
and the increased cost of gasoline.
B-103 - Stirling City Sewer District and Count Service Area 21
(oakridge Sewer). In each of the sewer districts, transfers $700 from
maintenance of structures, improvements and grounds to fixed assets -
equipment to cover the cost of purchase for an automatic feed sewer
cleaner needed for the districts. The cost is to be split on an equal
basis.
B-104 - Parental Stress Pr- ogram. Transfers $10,000 from the
reserve to professional and specialized services to provide an additional
appropriation in funding the Parental Stress Program for the months of
May and June 1980.
REPORT ON ATTORNEY GENERAL OPINION RE: SERVICE CHARGES FOR COUNTY SERVICE
AREAS MAINLY AMBULANCE SERVICES
Dan Blackstock, county counsel, reported on the Attorney General
opinion regarding service charges for county service areas. For the Gridley
Ambulance, County Service Area 37, the Board has levied a charge for services.
The Legislature amended a section of the Government Code after Proposition 13
which specifically authorized charging for services in a county service area.
The opinion throws a question on whether or not a general levy throughout
a county service area is appropriate. He is questioning whether or not
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a particular-charge is a tax. It was the general consensus at the recent
County Counsels' Association meeting that if a charge is not making money
for the general fund and is used for a specific service and that service
is to the benefit of the property in question then it is not a speiial tax.
A special tax under Proposition 13 is not defined. The opinion does raise
the question of using ambulance service charges where there was doubt on
the method the county is using. The county is charging by the parcel.
The county is saying the availability of the ambulance services is of benefit
to the particular properties in the same vain as a sewer system.
Mr. Blackstock wondered if the Board would want to consider
holding an election for the county service area due to the question raised
in the opinion.
Supervisor Winston stated that he and Supervisor Moseley met
with the landowners when the per parcel service charge was being discussed.
The property owners agreed, including the major property owners, that they
were willing to have the assessment because it was a benefit to the land
and that was the only way to keep the ambulance service. If the county
were not challenged in court, this would continue as a service charge.
Supervisor Moseley felt that the people in the Gridley area
were enthusiastic about the ambulance service. This is a charge of $4.25
per parcel.
Clif Nickelson, administrative officer, stated that the total
cost of the operation is $46,516 per year with $22,825 in taxes and
$22,631 with service charges at the $4.25 per parcel rate. There are
problems. If the Board put this matter to a vote and the people did not
pass the issue, there are provisions that prohibit the county from
providing those services. One of the things he was concerned about was
the potential for a taxpayers suit.
It was felt that the people in Gridley want and need the
service that is being provided. The county will continue to assess a
service charge on the county service area and not place the matter on
the ballot.
ADOPT RESOLUTION 80-47 AUTHORIZING PLANNING DIRECTOR TO EXECUTE SALE OF
PROPERTY - HCD
On motion of Supervisor Wheeler, seconded by Supervisor Moseley
and unanimously carried, Resolution 80-47 authorizing the Planning
Director to execute the sale of 3337 Coiumbia,.Oroville to Sheila and
Michael ,7omar3 in the amount of $33,000 was adopted and the Chairman
authorized to sign.
APPROVE RENEWAL OF VARIANCE
On motion of Supervisor Wheeler, seconded by Supervisor Moseley
and unanimously carried, the following were approved:
1. Renewal of variance to sections 19-10 and/or 19-12 of the
Butte County Code for placement of a mobile home on AP 31-25-3-041, 1131
'.Grand Avenue, Oroville area, zoning: "A-2" for Fred C. Gates.
2, Renewal of variance to sections 19-10 and/or 19-12 of the
Butte County Code for placement of a mobile home on AP 30-71-32, 1663
20th Street, Oroville area, zoning: "A-2" for Rupert M. and Helen Hoecherl.
APPROVE AGREEMENT FOR SALE - TABLE MOUNTAIN BRIDGE, 28491-76-1
On motionr.+of Supervisor Winston, seconded by Supervisor Wheeler
and unanimously carried, the following right-of-way acquisition, agreement
for sale, Table Mountain Bridg~;:`~8491-76-1`was approved; the Chairman was
authorized to sign; and the Auditor was authorized to issue a warrant upon
demand of the county's escrow agent:
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Winifred W. Bates, et a1 0.13 acre $1,875
ADOPT RESOLUTION 80-48 SETTING PUBLIC HEARING ON RENAMING OF COUNTY ROADS
IN THE PARADISE AREA
On motion of Supervisor Moseley, seconded by Supervisor Wheeler
and unanimously carried, Resolution 80-48 of intention to rename county
roads in the Paradise address area setting a public hearing date of April 22,
1980 at 10:00 a.m. was adopted and the Chairman authorized to sign.
ADOPT RESOLUTION 80-49 REQUESTING PUBLIC ROAD CONNECTION AT STATE HIGHWAY
ENGINEER'S STATION "B" 730 TO HIGHWAY 32 NEAR 14 MILE HOUSE
On motion of Supervisor Wheeler, seconded by Supervisor Winston
and unanimously carried, Resolution 80-49 requesting public road connection
to Highway 32 near 14 Mile House at State Highway Engineer's Station "B"
710 was adopted and the Chairman authorized to sign.
PUBLIC HEARING DATE SET - COUNTY SERVSCE AREA 59 (STREET LIGHTS}
On motion of Supervisor Winston, seconded by Supervisor Wheeler
and unanimously carried, a public hearing date of April 18, 1980 at 10:15 a.m.
was set for consideration of the addition of two streetlights at a cost of
$1,185 or $16.92 per lot for County Service Area 59 (Park Vista Subdivision,
Chico)
AUTHORIZE PUBLIC WORKS TO PERFORM SAFETY IMPROVEMENT PROJECTS - BTG BEND
ROAD AT DARK CANYON ROAD AND_LOWER YANKEE HILL ROAD NEAR HIGHWAX 70
On motion of Supervisor Winston, seconded by Supervisor Moseley
and unanimously carried, Public Works was authorized to perform the
safety improvement projects, Big Bend Road at Dark Canyon Road and Lower
Yankee Hill Road near Highway 70 using $10,000 formefly budgeted for
railroad crossing protectian at Cox Lane and South Villa Avenue.
AUTHORIZE SUBDIVISION VIOLATION COMMITTEE TO ISSUE CERTIFICATES OF
COMPLIANCE WHEN ALL REQUIREMENTS HAVE BEEN MET FOR THE BLOOMER MOUNTAIN AREA
On motion of Supervisor Winston, seconded by Supervisor Wheeler
and unanimously carried, the Subdivision Violation Committee was authorized
to issue certificates of compliance when all requirements have been met for
the Bloomer Mountain area.
ADDITIONAL MATTER PRESENTED BY PUBLIC WORKS
Clay Castleberry, public works director, stated that he had been
contacted by property owners in the Lower Larkin Road area because of
drainage problems. This area is within a drainage district. There is a
culvert that has caved in and there are deep ditches along the road.
He has indicated to the property owners that since this is in a drainage
district and this was not county drainage that they should contact the
district members to have the matter resolved. He will write a letter to
the individuals and advise them that they should contact the drainage
district as this is not a county matter.
REPORT TO BOARD RE: LAND USE COMMITTEE AND MEETING WITH THE CHICO
INTERGOVERNMENTAL COMMITTEE
Discussion of the memo dated March 5, 1980 regarding the Land
Use Committee and meeting with the Chico Intergovernmental Committee held
at this time.
Supervisor Winston asked a question regarding the green line
mentioned in the memo. He felt that the county`s green line was going
down Glenwood Avenue.
Supervisor Wheeler stated that this was something the committee.
had taken under consideration. The report is very generalized. It still
must go to staff. Page 269.
March 11, 1980
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Supervisor-Winston stated that the report talks about the
City's primary sphere of influence and that agricultural area will be
amended within the city to reflect appropriate land use in the area. He
felt this was pretty loose. He hoped that the committee would consider
the establishment and agreement on the green line and not deal any longer
on the area that by previous actions have been urbanized.
Supervisor Dolan stated that there was a large discrepancy in the
northwest Chico area. The committee felt there should be direction given
to both staffs to work out how the designation should be. There is a
need to pecognize itt some areas there has been some zoning.
Supervisor Winston felt that there had been prior land divisions
that would create trends.
Supervisor Dolan felt that the committee had left the area
broad enough so as not to tell staff what to do so that the project can
go forward.
Discussion of the projects in the works which propose
suburban residential on prime agricultural .soils held at this time.
Supervisor Winston wondered if the project that was proposed was in
an area that had already had the trend set and there was an alternative
mentioned that the person with the project must endeavor to do the alternative
in place of the proposed project. This could be for a five acre parcel.
Supervisor Dolan stated that the committee was concerned with
a broader scope than five acre parcels. The reason the memo was drafted
was so that it was clear on the areas where rezones were concerned.
Supervisor Wheeler stated that this was a generalized proposal.
It was put together by staff for direction to be followed. The parcel
sizes and zoning would have to go to hearing and it would be up to the
property owners to make the decision.
Staff was directed to start the process with the Planning Commission.
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PUBLIC HEARING DATE SET
A public hearing date of April 1, 1980 at 10:30 a.m. was set
for consideration of Butte County Department of Public Works Baggett-
Palermo Road relocation, Kusel Road to .8 mile south (Project No. 18485C-79-1)
proposed negative declaration and decision to proceed with the project.
APPOINTMENT TO CHICO AREA BIKE COMMITTEE
On motion of Supervisor Wheeler, seconded by Supervisor Dolan
and unanimously carried, the following were appointed to the Chico Area
Bike Committee:
Phylis Dempsy
Chick Elliot
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APPOINTMENT TO THE AIR POLLUTION CONTROL HEARING BOARD
On motion of Supervisor Winston, seconded by Supervisor Wheeler
and unanimously carried, Gail Moffitt was appointed to the Air Pollution
Control Hearing Board as a private member.
On motion of Supervisor Winston, seconded by Supervisor Dolan
and unanimously .carried, Jon M. Anderson was appointed to the Air Pollution
Control Hearing Board.
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APPOINTMENT TO COMMUNITY ACTION BOARD - DISTRICT 2
On motion of Supervisor Dolan, seconded by Supervisor .Moseley
and unanimously carried, Harriett Weir was appointed as an alternate
member to the Community Action Board, District 2.
APPOINTMENTS CONTINUED TO MARCH 18, 1980
The following appointments were continued to March 18, 1980:
1. Appointment to the Community Action Board, alternate member,
District 4.
2. Appointment to the Emergency Medical Services Committee --
public member.
3. Appointments to L-he Citizens Advisory Committee on Drug Abuse
and Alcohol Advisory Board.
RESPONSE TO OFFICE OF REVENUE SHARING
The letter in response to the Office of Revenue Sharing threat
was accepted as information. '
MOTION TO ADOPT RESOLUTION 80-50 PLACING A MEASURE ON THE BALLOT AS
AN ADVISORY MEASURE RE: SALES TAX REVENUE - CONTINUED TO LATER TN THE
MEETING
It was moved by Supervisor Dolan, seconded by Supervisor Wheeler
that Resolution 80-50 placing an advisory measure on the June ballot
regarding sales tax revenue be adopted and the Chairman be authorized
to sign.
Supervisor Winston felt this was a wasted motion. The Legislature
is going to have tax pxoblems this year. The Legislature knows that the
counties and cities would like more of the sales tax revenue.
Dan Blackstock, county counsel, asked that the Board hold
action on the motion until he could prepare the language for the ballot
measure.
The vote on the motion was continued to later in the meeting.
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RECESS: 10:02 a.m.
RECONVENE: 10:16 a.m.
PUBLIC HEARING: TED HUBER -- PETITION FOR VARIANCE TO SECTIONS 19-10 AND/OR
19-12 OF THE BUTTE COUNTY CODE FOR PLACEMENT OF A MOBILE HOME ON AP 26-17-2-6,
7549 LINCOLN BOULEVARD OROVILLE AREA. ZONING: "A-2"
The public hearing on Ted Huber petition or variance to Sections
19-10 and/or 19-12 of the Butte County Code for placement of a mobile
home on AP 26-17-2-6, 7549 Lincoln Boulevard, Oroville area, zoning:
"A-2" was held as advertised.
Lynn Vanhart, environmental health director, stated that Mr.
Huber requested cancellation o€ the hearing on February 28, 1980 which
was to late to cancel the publication for the hearing.
The Board acknowledged that the hearing was canceled.
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ADOPT ORDINANCE 2085: PUBLTC HEARING: BALDWIN CONTRACTING COMPANY, INC. -
PROPOSED NEGATIVE DECLARATION AND REZONE FROM "A-2" (GENERAL) TO "M-2"
(HEAVY INDUSTRIAL), PROPERTY LOCATED ON THE EAST SIDE OF SKYWAY AND THE
NORTH SIDE OF BUTTE CREEK, IDENTIFIED AS AP 40-02-3 (PART), CHICO
The public hearing on Baldwin Contracting Company, Inc. proposed
negative declaration and rezone from "A-2" (general) to "M-2" (heavy
industrial), property located on the east side of Skyway and the north side
of Butte Creek, identified as AP 40-02-3 (part), Chico was held as advertised.
Bettye Blair, planning director, set out the background of the
rezone.
Earl Nelson, environmental review director, set out the„background
of the negative declaration. This is an extension of industrial uses across
Skyway. There would be some loss of riparian vegetation. However, because
the area is to be retained in green belt the impact would not be significant.
Flooding is a concern. The owners are in the process of a long term
program to raise the elevation of the property. The Planning Commission
recommended the area be zoned "M-1" zoning. He recommended a negative
declaration. '
Hearing open to the public. Appearing:
1. Dallas Lewis. Mr. Lewis "stated that the Planning Commission
recommended "N.[-1" zoning. He concurred with that. He had another
correction and that was that the rezone should have been 400 feet deep
£rom the property line instead of the right-of-way. The plan for the
property is to divide it up and rent it out for small uses such as cabinet
shops. They are willing to work with the Public Works Department to
locate the access for proper site distance.
2. Janis Knox. Ms.Knox stated that she had no argument with the
fact that this should probably be "M-1" zoning. She questioned the fact
that an EIR was not requested in view of the fact that there might be
contamination. The traffic flow will be effected. Any time a streambed
is raised there is a chance of flooding up or down stream. She felt an EIR
would be appropriate.
Hearing closed to the public and confined to the Board.
It was moved by Supervisor Wheeler, seconded by Supervisor Moseley
that finding the proposed project could not have a significant effect on
the environment, a negative declaration be accepted.
Supervisor Dolan asked for comments regarding the effects
that wexe raised by Ms. Knox. She wondered what the impacts would be
with regard to flooding.
Mr, Nelson stated that much. of the raising of the property has
already been accomplished. He did not see any problem based on an evaluation
of the site. He felt that Ms. Knox would have a valid point if there
was something that blocked the stream such as a dam. Some kinds of
development can occur without any environmental review because of the
zoning on the property at the present time.
Vote en motion:
AYES: Supervisors Dolan, Moseley, Wheeler, Winston and
Chairman Lemke
NOES: None'
Motion carried.
Page 273.
March 11, 1980
March 11, 1980
80. On motion of Supervisor Wheeler, seconded by Supervisor Moseley
-~ and unanimously carried, the rezone from "A-2" {general) to "M-1" (light
industrial), property located on the east side of Skyway and the north
side of Butte Creek, identified as AP 40-02--3 (part), Chico for Baldwin
Contracting Company, Inc. was approved noting the project is in conformity
with the General Plan and goes from "A-2" generalized zoning designation
to a more restrictive zone; Ordinance 2085 was adopted and the Chairman
authorized to sign.
397 PUBLIC HEARING: LEON E. MAYER - DRAFT EIR AND REZONE FROM "A-2" (GENERAL)
TO "RT-i" (SINGLE FAMILY RESIDENTIAL - MOBILE HOME), PROPERTY LOCATED ON
THE NORTHWEST CORNER OF MT. IDA ROAD AND WYANDOTTE MINERS RANCH ROAD,
IDENTIFIED AS AP 72-09-09, OROVILLE - CONTINUED TO APRIL 1, 1980 AT
10:45 A.M.
The public hearing on Lean E. Mayer draft environmental impact
report and rezone £rom "A-2" (general) to "RT-1" (single family residential -
mobile home), property:!..located on the northwest corner of Mt. Ida Road
and Wyandotte Miners Ranch Road, identified as AP 72--fl9-09, Oroville was
held as advertised.
Bettye Blair, planning director, setcout the background of the
one. The Board has copies of the minutes and comments and staff findings.
re was no one at the hearing except the applicant. This is within the
vi11e study area and is listed as No. 3 priority,
Earl Nelson, environmental review director, set out the background
the environmental impact report. All concerns will be studied and
igated at the Advisory Agency when the subdivision map is processed. The
ject is immediately north of Cleveland Hills. Drainage and flood
and is a concern. There is also a conflict between two agencies
arding the riparian vegetation.
Supervisor Winston felt that this matter was such a sensitive
Lssue and should be referred back to the Planning Commission for hearing.
Hearing open to the public. Appearing:
1. Ted Bell. Mr. Be11 stated that the property owners that
were noticed were absentee property owners. No one on Mt. Ida Road
received notice of the hearing.
Ms. Blair set out the requirements for notice of a public
'nearing. She felt they were proper with the notice for the hearings.
Phere was a previous subdivision filed in 1972 approved by the Board of
Supervisors. There were extensions granted to the map and the map died.
The Planning Commission is to hold a published public hearing
on this matter. Ms. Blair stated that she could take this matter to
the Planning Commission on March 26, 1980.
Mr. Bell stated that he was sure that the Board had heard a
great many of the agruments before. Mr. Be11 reviewed the history of
the development on the site and the neighbors opposition which is referred
to in Appendix F, page 8 of the EIR. Mr. Bell spoke regarding the
tentative subdivision map on page 6 of the EIR. Ali of the objections
are the same as those raised in 1972. He was concerned with the switch
from permanent housing to mobile homes. He felt that the Oaks was an
exception and not the trend for the area. He felt that if the reason
for having mobile homes because of economical reasons there was contradictory
thinking by putting the development so far away from town which will
create an energy problem. Mr. Be11 showed the Board pictures of a different
subdivision. He did not submit them for the record.
Page 274.
March 11, 1980
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2. Tom Stevens. Mr. Stevens was opposed to the roadway going
.o the project. There is no way that Mt. Ida Road can handle the additional
=raffic. He was not opposed to growth but felt that the county should
Eiden Mr. Ida Road if they were to approve this project.
3. Mike Taylor. Mr. Taylor stated that he would be speaking to
Planning Commission. He works for the Forest Service. He was on
property this morning. There is evidence of moving and standing
r anywhere from 20 to 150 feet away from the existing North Honcut
k. He was concerned with possible flooding. He felt that this matter
~1d be discussed while there is fresh evidence.
4. Homer Poore. Mr. Poore stated that he would like to see
rezone approved. This project is between the Oaks and Kelly Ridge
type of development. The area is not agricultural; all the trees are
d. Drainage of the property can be taken care of. He felt this would
an adult type development. There is a shopping center within walking
tance of the project.
5. Richard Warmack. Mr. Warmack stated that he would like to
the existing zoning stay the way it is. He was opposed to high
sty building. There is quite a bit of fruit..:= :~e->
Discussion of drainage held at this time. Mr. Nelson stated
this was one of the issues that would be studied at the time of
subdivision process.
6. Mr. Mayer. Mr. Mayer stated that he did not intend to
develop the parcel. The engineer has recommended drastic changes to the
subdivision as presented. He agreed that there was a drainage problem
along the creek. He felt that this could be taken care of. One of
the reasons for a mobile home development is that he has some personal
friends that are being moved out of their parks in Sunnyvale and would
like to have property to move their .mobile home to. Many of these people
eve no place to go. This property is fairly close to the shopping center.
There are buffers around the property. The new design will be for clusters
leaving open space areas.
7. Paula Kelso. Ms. Kelso stated that there is agriculture
the area. There are cattle and horses in the area. She would like to
the area remain rural. This project could be a hazard to the livestock
the area.
The hearing was continued to April 1, 1480 at 10:45 a.m.
The matter was referred to the Planning Commission to hold
a published public notice.
RECESS: 11:25 a.m.
RECONVENE: 11:31 a.m.
398 APPEARANCE: DOMINIC IMPERIAL
Mr. Imperial-spoke to the Soard regarding his xequest for
penalty relief. He asked that the Board rescind their action denying
his request. He felt that he had done everything that he could to pay
his taxes on time. He had contacted his postmaster and was told he
should bring his taxes to the county offices on the 11th. He was fined
for being late. If he had put the tax bill in the mail and it arrived on
Che 11th it would be acceptable. There were sixteen people that were allowed
penalty xelief. He felt that if he were penalized then the other sixteen
people should also be penalized.
Page 275,
Marhh ll, 1980
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80. Discussion of the procedure regarding appeals of requests for
~. penalty relief held at this time. Del Siemsen, deputy county counsel,
stated there was no stated procedure. The penalty can be appealed to
the Board. This is what the Board had in front of them originally.
The Board took action on the appeal. He assumed that the Board could
rescind their action and reconsider the matter. Tt would have to come-
within the requirements of the grounds for granting penalty relief.
Mr. Morton has recommended that this did not apply.
Mr. Imperial stated that someone had told him that if a tax
bill is postmarked on the 11th in a rural area it is accepted.
The matter was continued to later in the meeting when Mr.
Morton will be present.
399 COMPLAINT RE: TRANSIENTS AND STORAGE OF-RAIL CARS BY SOLANO RAIL COMPANY
ON LINCOLN BLVD., OROVILLE REFERRED TO PLANNING DEPARTMENT AND ZONING
INVESTIGATOR FOR A REPORT BACK TO THE BOARD ON MARCH 18, 1980: INSTRUCT
SHERIFF TO HELP CLEAN TRANSIENTS OUT OF THE AREA
Henry McCall spoke regarding the Solano Rail Company matter on
Lincoln Blvd., Oroville. The people were dissatisif(ed with the parking
of the rail cars in the area. Mr. Girdler. was agreeable to having the
cars moved when there were other areas he could move the cars to. Mr.
McCall set out what had happened at the Board meetings in the past
regarding this matter. Mr. Girdler became angry with the residents and
moved the cars back into the area. Mr. McCall submitted a letter from
Leon P. and Karen A. Randall regarding the conditions in the area and
the fact that there are transients living in the parked cars. He felt
that if Mr. Girdler parked the cars in this area, he should have to
obtain a use permit and should have a fence or retaining wall around
the cars. There is a hazard with the grass. He felt this should be
looked into.
James Barnus felt there should be an iron wall between the
cars and the residences. He would like to see the cars moved from this
location.
Martha Pugh spoke regarding the transients who were sleeping
in the cars and ~~using them for sanitary facilities. With the number '
of transients in the area there have been problems with people coming into
their yards. There is also a problem with children playing in the area.
Caroll Taylor spoke regarding the transients in the area. One
morning he counted nine of them coming out of one car.
This matter was referred to the Planning Department and the Zoning
Investigator for a report to the Board on March 18, 1980. The Sheriff ,
was instructed to send a couple of units to the area to help clean
up bhe transient problem.,
400 PUBLIC HEARING: CHARLES TAYLOR ~ APPEAL OF ADVISORY AGENCY'S DENIAL OF
PROFOSED NEGATIVE DECLARATION AND TENTATIVE PARCEL MAP, AP 25-24~-20, TWO
LOTS, WEST SIDE OF LONE TREE ROAD, APPROX. 1/4 MILE NORTH OF PALERMO
ROAD PALERMO AREA
The public hearing on Charles Taylor appeal of Advisory Agency`s
denial of proposed negative declaration and tentative parcel map, AP 25-24-20,
two lots, west side of Lone Tree Road, approximately 1/4 mile. north of
Palermo Road, Palermo area was held as advertised.
Page- 276.
March'l1, 1980
80-
3'
John Mendonza, public works department, stated that the map was
denied by-the Advisory Agency.- There are~awo mobile homes on the parcel
at this time. This parcel map did not meet the three to .one ratio
regarding parcel size. It-was determined that the map would not meet
the criteria d12 requirement.
Lynn Vanhart, environmental health director, stated that the
soil depth would not met the standards for division.- A small portion of
the parcel was fine. There are two existing mobile homes on the property
with individual systems. The existing systems are satisfactory.
Earl Nelson, environmental review director, set out the background
of the negative declaration. He recommended a negative declaration.
Hearing open to the public. Appearing: Mike Evans, representing
Mr. Taylor. Mr. Evans stated that there had been an Aunt Minnie on the
property. That mobile home had been removed from the property. The
property is a 50% interest between Mr. Taylor and Mr. Britton. Mr. Taylor
is asking for the parcel split so that he can sell his piece of property.
Mr. Evans stated that in order to solve the three to one ratio would be
to reserve the westerly portion for l.eachfield purposes. All that is
being done with this parcel map is drawing a line on a map. There would be
no physical changes. They would be happy with the stipulation that there
be no further divisions on the property. Putting a 60--foot access would
not serve any purpose. There is a well to serve both properties.
Hearing closed to the public and confined to the xoard.
On motion of Supervisor Winston, seconded by Supervisor Moseley
and°unanimously carried, finding the proposed project-could not have a
significant effect on the environment, a negative declaration was accepted.
On motion of Supervisor Moseley, seconded by Supervisor Winston
and unanimously carried, the appeal was upheld; the tentative parcel map,
AP 25-24-20, two lots, west side of Lone Tree Road, approximately 1/4
mile north of Palermo Road, Palermo area for Charles Taylor was approved
finding it is in conformity with the General Plan and Agricultural-
Residential Land Use Element subject to the fallowing conditions:
1. Deed to the County of Butte 30 ft. right-of-way from the centerline
of Lone Tree Road.
2. Indicate a 50-f t. building setback from the centerline of Lone Tree
Road.
3. Show all easements of record on the final map.
4. Pay off any assessments.
5. Obtain encroachment permit fox all driveways, new or existing, and
construct to County standards.
6. Pay any delinquent taxes..
7. Provide each parcel with an approved well site.
8. Provide 100-ft. leachfree setback from the drainage Swale traversing
Parcels 1 and 2.
9. Show existing well on Parcel 1 and a 100-f t. leachfree setback.
. No further division to be stamped on the map.
Page 277.
March 11, 1980
March 11 ~ 1~$9 ~ _ _ ~: _. _ ~ ~ -
80- 40i ADOPT ORDINANCE 2086: PUBLIC HEARING - EXTENSION OF "INTERIM R-1" (SINGLE
3' FAMILY RESIDENTIAL), PROPERTY IDENTIFIED AS UNITS i, 2 & 3 OF THE LINDO
-__ The public hearing on the extension of "Interim R-1" (single
family.residential), property identified as Units 1, 2 and 3 of the
Lindo Manor Subdivision was held as advertised.
Supervisor Wheeler stated that she was going to ask that the
interim be extended because this matter is gaing to be going to hearing
before the Planning Commission when the EIR is finished. She was aware
that the interim had caused a hardship on a few people. This property
is in the "A-2" zoning without the interim and she felt that this interim
should continue.
Bettye Blair, planning director, stated that they axe waiting for
impact report in order to go to hearing. The hearing would probably
be earlier Chan the first part of May. She recommended that if the
d extended the interim that they do so for an eight month period of
If a specific zone is adopted then the interim is dead.
Hearing open to the public. Appearing:
1. Frieda Stratton. Ms. Stratton stated that they had tried
o sell their property. They entered into an agreement to sell their
roperty for use as a real estate office., This was legal when they
hecked with the county. The interim zone was then passed by the county.
his property is the area that faces Cohasset Road. There is afire
epartment across the street now along with a used car lot. Residential
amilies are not interested in their houses. She presented letters to
he Board at this time regarding the possibility of selling their property.
hey were not opposed to the remainder of the subdivision being kept in
R-1" zoning. She would like to have her property excluded from the
nterim. She submitted a letter from one of her neighbors along with
witnessed statement.
2. Georgia Slower. Ms. Slower showed the Board a map of the
rea setting out the commercial businesses in the area. The zoning across
he street from the Stratton's property is commercial. Their side of the
treet is residential. If the interim is continued they cannot sell the
roperty. Thera is expected to be about 10,000 cars per day in ten years.
ny residential home should be 200 feet away from a road with that amount
f vehicles. She did not feel the interim should be extended.
3. Bill Lowen. Mr. Lowen asked that his property be excluded
the interim and allowed to be commercial. The area is building up with
rcial businesses.
4. Edith Hanes. Ms. Hanes felt that both sides of the road
be zoned commercial.
5. Bruce Norley. Mr. Norley stated that the interior of the
ivision was not going to be developed into commercial property. He felt
Board should allow the people that want to sell, sell their property.
6. Elisha Erpeno. Ms. Erpeno did not have any problem with
:xcluding part of the area for commercial. She did not want to see the.
area revert back to "A-2" zoning. She felt that the results of the
Cnterim zoning was because the Strattons wanted to sell their property.
ehe reason for the request was to keep the homes as homes and because of
possible traffic problems.
Page 278.
March I1, 1980
$0=
3
____--~_y=~ Marchll, 1980 =__~______________
7, Frieda Stratton. Ms. Stratton stated that when the original
petition was obtained, the people were not told what they were doing. The
people were told the petition was to stop a car lot.
Supervisor Wheeler felt the interim should be extended so that
the Planning Department could finish the study being conducted. She
received many calls requesting that the interim be extended.
RECESS: 12:36 p.m.
RECONVENE: 1:45 p.m.
8. Fred Hockett. Mr. Hockett stated that he was excluded from
the interim zoning. There are restrictions on the deeds to these properties
that require that the property remain residential until 1982. Everyone
in his neighborhood was opposed to being annexed to the city. He did not
feel the people who have obeyed their covenants should be penalized. There
is an increase in taxation for the properties that are residential because
some of the people did not fo~aow the covenants and went commercial. He
did not feel that this was right. His assessment increased because of
the commercial uses in the area. There was no consideration of the
covenants and restrictions on the property.
Hearing closed to the public and confined to the Board.
It was moved by Supervisor Wheeler, seconded by Supervisor
Dolan that the'intexim R-1° (single family residential), for property
identified as Units 1, 2 and 3 of the Lindo Manor Subdivision be extended
for a period of eight months.
Supervisor Winston stated that recently he had heard about
the desirability of "H-C" zoning which gives the Planning Commission and
Board of Supervisors control over what is allowed in that zone. He felt
that this would be a good zone for the Cohasset Road area.
Ms. Blair stated that the "R-4" zoning would not require a
in the General Plan. The area across Cohasset Road is in an
zoning.
Vote on motion:
AYES: Supervisors Dolan and Wheeler
NOES: Supervisors Moseley, Winston and Chairman Lemke
Motion fails.
On motion of Supervisor Dolan, seconded by Supervisor Moseley
carried, the interim zoning was amended so that the four parcels
rating on Cohasset are "Interim R-4" with the "Interim R-11t zoning
the other area property identified as Units 1, 2 and 3 of the Lindo
or Subdivision was extended for a period of eight months; Ordinance
6 was adopted and the Chairman authorized to sign. AYES: Supervisors
an, Moseley, Winston and Chairman Lemke. ABSTAINING: Supervisor Wheeler.
Discussion of whether the Planning Commission had control over
held at this time. Dan Blackstock, county counsel, stated that
is a civil matter. The Planning Commission and the Board of
visors have no control over CC&Rs. The Assessment Appeals Board
consider CC&Rs with regard to assessment on property in certain
Supervisor Winston suggested that Mr. Hockett get together with
and the Assessor. Page 279.
March ~11, 1980
March 11, 1980
g0- 402 USTAIN DECTSION'TO DENY RE UEST'FOR PENALTY RELIEF - DOMINIC IMPERIAL
b Carl Morton, tax collector, spoke regarding the request
or penalty relief of Dominic imperial. The point Mr. Tmperial is referring
o regarding the difference in postmarks is that there are some cases
here a post office closes the postmark off at 3:00 p.m. or 4:00 p.m.
y mail received after that time would be postmarked the following 'day.
agalia Post Office closes at S:OOp.m. and it would have had the proper
ostmark on it. The tax payment would have been postmarked the 10th if
he mail had been deposited before 5:00 p.m. He did not consider the
equest to be reasonable cause. He did not pay his taxes when he should have.
f the Board relieves the penalty .for him, they would have to do it for
vervone else.
Mr. Imperial stated that Mr. Morton had not told him that
t had to be postmarked before 5:00 p.m. He was told that if the bill had
een postmarked the llth it would be acceptable. The Postmaster in
agalia is waiting for a call from anyone in the county regarding how
e tried to pay his taxes on time. Mr. Imperial stated that he would
e satisfied with the penalty if Mr. Morton would penalise the other
ixteen people. He felt the penalty was a mistake.
On motion of Supervisor Winston, seconded by Supervisor Wheeler
carried, the decision on the request for penalty relief for Dominic
rial to be denied was sustained. AYES: Supervisors Moseley, Wheeler
ton and Chairman Lemke. NOES: Supervisor Dolan.
403 Supervisor Dolan stated that if it was the intent to approve
11 the 'fax Collector's recommendations, then the Tax Collector should
ake the final decision and the Board should not have to make a decision
n this matter. If the recommendations can be changed, then the Board should
e able to do so.
403 ADOPT ORDINANCE 2087: INTERIM "M-1" ZONING FOR AP 22-11-31 & 22-11-24,
GRIDLEY AREA - RED TOP RICE GROWERS PROPERTY
On motion of Supervisor Moseley, seconded by Supervisor Winston
and unanimously carried, Ordinance 2087 zoning AP 22-11-31 & AP 22-11-24
property owned by Red Top Rice Growers Property, Gridley area an
"Interim M-1" zoning was adopted finding it is in the best interest of
the public heath and welfare and the Chairman authorized to sign.
404 UTHORIZE CITY OF CHICO TO CONTINUE PROCEEDINGS FOR THE NORTHEAST CHICO
ANTTARY SEWER ASSESSMENT DISTRICT
On motion of Supervisor Dolan, seconded by Supervisor Winston
nd unanimously carried, the City of Chico was given authorization to
ontinue proceedings for the northeast Chico Sanitary Sewer Assessment
istrict and the county assures the city they will participate with staff.
405 OPT RESOLUTION 80-50 PLACING ADVISORY MEASURE ON THE BALLOT RE: SALES
AX REVENUE
Dan Blackstock, county counsel, read the advisory measure that
as placed on the ballot by San Diego County. This would give the counties
'02 instead of $.O1 out of the $.06 sales tax.
Vote'~on-motion from minute order 80-392 taken at this time:
AYES: Supervisor Dolan, Wheeler and Chairman Lemke
NOES: Supervisors Moseley and Winston
Motion carried.
Page 280.
March 11, 1980
80- 406
407
March 11, 1980
COMMUNICATIONS
Parental Stress. Letters in support of the continuation of the Parental
Stress Program have been received from Arnold and Charlotte
Nuroek, Janet~.Simonds and Nancy McDaniel. Information; no
action taken.
Jeffrey D. Wright, Chico. Mr. Wright writes in opposition to the
proposed Butte Creek Rock Company unit cluster development in
the Butte Creek Canyon which is currently under Planning Commission
consideration. Referred to Planning Commission.
Chico Airport Commission. The commission writes requesting the county
to require the dedication of avigation easements in connection
with the subdivision of all land that is included ti?3ahin the
Chico Municipal Airport -- Airport Environs Plan and also asks
that alternative land use plans be given consideration in
preserving prime agricultural land for agricultural purposes
only within the area of the Airport Environs Plan. Referred
to Planning Commission.
Thomas E. Edgar, attorney at law. Mr. Edgar forwards information concering
a meeting that was held to discuss the green line west of Chico
and the northeast and southeast Chico sewer assessment districts.
Handled earlier in the meeting. Supervisor Dolan to answer letter.
Attorney General George Deukmejian. The Attorney General forwards
information concerning his proposal that the Governor convene an
advisory committee to study the potential impact of Proposition 9
on government in California. See motion following nommunications.
Assemblyman Eugene A. Chappie. Assemblyman Chappie forwards information
concerning the county's jurisdiction over mobile homes that
are not within a mobile home park. Referred to the Planning
Commission for study.
State Department of Forestry. The department writes advising that the
regulations of the Board of Forestry have been amended to
require a timberland conversion permit be issued by the Director
of Forestry for any immediate rezoning from TPZ of more than three
acres. Information; this has been issued to the Planning Director.
California State University - Chica. The university forwards its draft
six month plan on the PSA III Area Agency on Aging and schedule
of public hearings. The Butte County hearing is scheduled for
March. 19 from 2:00 p.m. to 4:00 p.m. in the Board of Supervisors
room. Information; no action taken.
Federal Energy Regulatory Commission. The commission forwards a copy
of the revised application for amendment to license project
462100 (State Department of Water Resources), Thermalito Afterbay
Power Plant and request comments in the preparation of an
environmental impact statement, if ~.~required. Information;
no action taken.
SUPPORT ATTORNEY GENERAL`S PROPOSAL THAT GOVERNOR CONVENE AN ADVISORY
COMMITTEE TO STUDY POTENTIAL IMPACT OF PROPOSITION 9
On motion of Supervisor Winston, seconded by Supervisor Moseley
and unanimously carried, the Attorney General's proposal that the Governor
convene an advisory committee to study the potential impact of Proposition 9
on government in California ways supported.
age 281.
March 11, 1980
80- 408
b
_ March 11, _1980 _ _
ADDITIONAL MATTERS PRESENTED BY BOARD MEMBERS - - - - - - - - - - - J - - -
Clif Nickelson, administrative officer, submitted a copy of
a Letter he received from Bob Hewitt regarding the hiring of Rodney Clark.
Information; no action taken.
Chairman Lemke set out the letters received:
Letter from Valley Air Basin with recommendation from Agricultural
Commissioner.
Letter from Northern California Health Systems.
Memo on Durham Cemetery.
Copy of a letter sent to Janet Levy, Department an Aging, from
the County of Tehama. This is regarding Triple As and various hearings
held. The Northern California Superoisors'sAssociation took action asking
for a hearing with Ms. Levy present.
Letter from the Department of Commerce regarding the public
relations in order to obtain a proper count;: Administrative Officer
to refer the letter to the Planning Department.
Administrative Office to refer letter regarding the Milwaukee
taxpayers savings regarding the welfare programs to Welfare Department.
Supervisor Wheeler stated that last week the Board received
a copy of a letter from Glenn County Recorders Office in reference to the
data processing system and giving support to the computers. She set out
the letters of support that had been received.
Supervisor Winston questioned Supervisor Dolan regarding her
vote on the request of penalty relief by DominicJ.Imperial. He wandered
if the Board was spinning their wheels asking Mr. Morton for his
recommendations.
Supervisor Dolan stated that the process allows an appeal to
the Board. Faur members of the Board did not agree with her. She
was exercising her vote as a Board members.
APPOINTMENT TO COMMUNITY ACTION BOARD - DISTRICT 4
On motion of Supervisor Moseley, seconded by Supervisor Dolan
and unanimously carried, Donna Stafford was appointed as the member to
the Community Action Board, District 4 with Supervisor Moseley the
alternate.
ADJOURNMENT.
There being nothing further before the Board at this time, the
meeting was adjourned at 3:14 p.m. to reconvene on Tuesday, March 18, 1980
at 9:00 a.m.
ATTEST: CLARK A. NELSON, COUNTY CLERK-
RECORDER and ex-officio Clerk
of the Boar of Supervisors
- Chairman, Board of Supervisors
By
Page ,282.
March 11, 1980