HomeMy WebLinkAboutM032079March 20, 1979
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STATE OF CAhIFORNIA )
SS.
COUNTY OF BUTTE )
The Board of Supervisors met at 9:00 a.m. pursuant to adjournment.
Present; Supervisors Dolan, Moseley, Wheeler, Winston and Chairman Lemke.
Clif Mickelson, 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
.APPOINTMENT OF JAMES MC NAUGHTON - EOC DIRECTOR
On motion of Supervisor Winston, seconded by Supervisor Moseley
and unanimously carried, James McNaughton was appointed EOC Director.
APPROVAL OF MINUTES
On motion of Supervisor Winston, seconded by Supervisor Wheeler
and unanimously .carried, the minutes of March 13, 1979 were approved as
mailed.
DEFER TRANSFER OF FUNCTIONS TO TREASURER-TAX COLLECTOR FROM DISTRICT
ATTORNEY UNTIL BUDGET SESSION
Discussion of proposed salary ordinance amendment to add two
additional positions to the Treasurer-Tax Collector's Office held at
this time.
Carl Morton, treasurer-tax collector, stated that this change
was not requested by his office. This change was requested by the Court.
He did not make a request for increase in staffing. He did not feel that
the ranges that have been assigned to the Collector are compabable to
other counties. If they are going to take the jab over,-;the~* should
do the job with staff that is adequately paid. This would be requiring
people to appear in Superior Court and to work with all of the judges.
Supervisor Winston stated that he was opposed to any increase
in staff in the County of Butte until the 1979-80 budget session.
It was moved by Supervisor Winston, ~°seconded by Supervisor Moseley
that the entire matter regarding the transfer of functions be held in
abeyance until the 1979-80 budget session.
Clif Mickelson, administrative officer, stated that the Treasurer-
Tax.Collector collected the Public Defender funds for the Superior Court
but is not collecting them for the various municipal and justice courts.
This would be an increased level o€ effort of collections. The other part
is the transfer of collections for the Juvenile Hall Board and room from
the District Attorney to the Treasurer-Tax Collector.
Vote on motion:
AYES: Supervisors Dolan, Moseley, Wheeler, Winston and Chairman
Lemke.
Motion carried.
457
DECLARE ANIMAL CONTROL EQUIPMENT SURPLUS AND AUTHORIZE SALE BY ADVERTISED
SEALED BID AND AUTHORIZE NEGOTIATED SHORT TERM LEASE FOR PICKUPS AND RADIOS
On motion of ,Supervisor Wheeler, seconded by Supervisor Dolan
and unanimously carried, the following equipment was declared surplus
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March 20, 1979
March 20, 1979
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and sale by advertised sealed bid was authorized; negotiated short term
lease for three standard pickup trucks and four two-way radios-was authorized:
458
Quantity __ _, Inventory No. Description
1 12836 Cap Shure (tranquilizer) gun
1 12864 Rifle - 22 cal.
1 18265 "
1 13879 n n rr
1 13880 " " "
1 12279 " "
1 14125 Shotgun/Rifle - 410/22
1 14126 n n n n
1 09087 Horse Trailer ~- Home Made
1 -- 1978 Ford Cab & Chassis W/
Animal Control Body
1 12312 Animal Trap
1 12313 " "
1 12314 "
1 12315 '
2 -- rr ..
4 -- Ketch All poles
6 -- Halters
5 ~-- Lariats
2 --- Lead Ropes
1 Lot -- Miscellaneous Ammunition
1 Lot -W Dog Repellant
1 Lot -- Misc. Uniforms, Belts, etc.
APPROPRIATE X1,000 FOR SHERIFF'S SUBSTATION RADIO RELOCATION - CHICO
On motion of Supervisor Winston, seconded by Supervisor Wheeler
and unanimously carried, $1,000 was appropriated from revenue sharing for
the radio relocation of various radio networks and equipment in the new
Sheriff's Substation, Chico.
459
AUTHORIZE PURCHASE OF RADIO CONSOLE - SHERIFF'S SUBSTATION - CHICO
On motion of Supervisor Winston, seconded by Supervisor Moseley
and unanimously carried, purchase of a radio console for the Sheriff's
Substation, Chico so that all networks will be operable by a single microphone
and set of controls was authorized and $5,000 was appropriated from revenue
sharing.
460
APPROVE FIREWORKS PERMIT FOR RED DEVIL FIREWORKS COMPANY
On motion of Supervisor Moseley, seconded bq Supervisor Wheeler
and unanimously carried, the fireworks permit for Red Devil Fireworks
Company of Sacramento for an aerial foreworks display at Lake Oroville on
July 4 to be sponsored by the Rotary Ciub of Oroville was approved.
461
462
APPROVE WEED CONTROL CONTRACT N0. 30464 WITH STATE DEPARTMENT OF
TRANSPORTATION
On motion of Supervisor Wheeler, seconded by Supervisor Winston
and unanimously carried, the weed control contract No. 30464 with the
Department of Transportation for the period July 1, 1979 through June 30,
1980 in an amount not to exceed $5,500 was approved and the Chairman
authorized to sign.
APPROVE LETTER AGREEMENT WITH PETERS ENGINEERING OF SACRAMENTO FOR
ENGINEERING SERVICES FOR BUTTE COUNTY FAIRGROUNDS
On motion of Supervisor Moseley, seconded by Supervisor Winston
and unanimously carried, the letter agreement with Peters Engineering of
Sacramento to design and prepare contract documentation for electrical work
to be performed at the Butte County Fairgrounds at a cost of $1,500,. plus
an hourly fee for substantial changes after design was approved and the
Chairman authorized to sign. Page 194.
March 20, 1979
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March 20, 1979
APPROVE BUDGET TRANSFERS
Budget Transfer B-104 to be held over until next week.
On motion of Supervisor Winston, seconded by Supervisor Dolan
and unanimously carried, the following budget transfers were approved:
B-105 Elections. Transfers $277 from office expense to maintenance
of equipment to cover maintenance expense for an iBM 29 keypunch machine
formerly paid by the Data Processing Department (but property of Elections}.
B-106 Recorder. Transfers $820 from maintenance of equipment to
rents and leases of equipment in order to cover rental of data input modules
installed after the final budget was approved.
B-107 County Service Area 53 (Upper Ridge Fire}: Transfers $6
from maintenance to small tools in order to cover a d~ cit within the
small tools account.
463
ADOPT RESOLUTION 79-44 AUTHORIZING RETENTION OF WILLIAM H. P. DOLAN~ JR.,
TO PERFORM APPRAISAL SERVICES FOR 2457 ELGIN STREET (HCI1)
464
On motion of Superyisor'Winstony seconded by Supervisor Moseley
and unanimously carried, Resolution 79-44 authorizing retention of William
H. P. -o1an, Jr. to perform appraisal services for 2457 Elgin Street for
a sum not to exceed $225 was adopted and the Chairman authorized to sign.
ADOPT RESOLUTION 79-45 AUTHORIZING COUNTY ADMINISTRATIVE OFFICER TO ERECUTE
CONTRACT WITH JOE WILLIAMS FOR APPRAISAL OF FIVE PARCELS LOCATED AT CALIFORNIA
AND BOUCHER STREETS, CHICO (HCD)
On motion of Supervisor Moseley, seconded by Supervisor Dolan
and unanimously carried, Resolution 79-45 authorizing the County Adminis-
trative Officer to execute a contract with Joe Williams for the appraisal
of five parcels located at California and Boucher Streets, Chico, for the
amount of $750 was adopted and the Chairman authorized to sign.
465
ADOPT RESOLUTION 79-46 DESIGNATING SUPERVISOR ROBERT A. WINSTON TO REVIEW
COMMUNITY DEVELOPMENT PROGRAM APPRAISALS
On motion of Supervisor Wheeler, seconded by Supervisor Dolan
and unanimously carried, Resolution 79-46 designating Supervisor Robert A.
Winston to review appraisals for purposes of meeting-CDBG requirements
was adopted and the Chairman authorized to sign.
466
ADOPT RESOLUTIONS 79-47, 79-48, 79-49 - PROPERTY ACQUISITION (EL MEDIO)
467
On motion of Supervisor Wheeler, seconded by Supervisor Dolan
and unanimously carried, the appraisal report from William H. P. Dolan, Jr.
was accepted; publication of notices of intent to acquire was authorized;
and the following resolutions were adopted and the Chairman authorized
to sign:
Resolution 79-47 establishing just compensation in accordance
with appraisal regort for 2457 Elgin Street, owner: Carol Reed, value:
$14,500. .
Resolution 79-48 establishing just compensation in accordance
with appraisal report for 2580 Ft. Wayne Street, owner: Rosario M. Blanca,
value: $17,500.
Resolution 79-49 establishing just compensation in accordance
with appraisal report for 2543 Ft. Wayne Street, owner: Robert E. Donnelly,
value: $11,500.
Page 195.
March 20, 1979
March 20, 1979
468
ADOPT RESOLUTIONS 79-50 & 79-51 -PROPERTY ACQUISITION (HCD)
On motion of Supervisor Winston, seconded by Supervisor Wheeler
and unanimously carried, the appraisal report from Joe Williams was accepted;
publication of notices of intent to acquire was authorized; and the following
resolutions were adopted and the Chairman authorized to sign:
Resolution 79-50 establishing just compensation in accordance
with appraisal report for 777 Virginia Street, owner: Marilyn Feneis, value:
$20,500.
Resolution 79-51 establishing just compensation in accordance
with appraisal report for 779 and 783 California Street, owner: Raymond R.
Davis, value: $20,000.
469
AUTHORIZE PREPARATION OF CHAPMANTOWN INNOVATIVE GRANT PROPOSAL APPLICATION
PUBLIC HEARING DATE SET FOR APRIL 3, 1979 AND APRIL 17, 1979
It was moved by Supervisor Moseley, seconded by Supervisor
Wheeler that the preparation of the Chapmantown innovative grant proposal
application be prepared by Connerly and Associates for a fee not to exceed
$3,500 and public hearing dates of April 3, 1979 at 11:0 a.m. and
April 17, 1979 at 10:00 a.m. be set for consideration of said grant
application.
Ward Connerly was present to discuss the Chapmantown innovative
grant proposal application. HUD has changed the ground-°rules for pre-
applications. There have been internal changes at HUD. The new program
manager is trying to have a greater impact. He is trying to spread the
funds around. As a result of that, the fact that Butte County has been
funded four times in a row might result in less money. Tf that happens
there might be some recommendation that they use all the block grant each
year in one area rather than splitting in two areas. They now have to
go after other money. Chapmantown probably has the greatest instance
of statistics that would match with the innovative grant. They will need
the support of the City of Chico and Citizen participation. Mr. Connerly
set out the money that is available at this time to the county:
Vote on motion:
AYES: Supervisors Dolan, Moseley, Wheeler, Winston and Chairman
Lemke.
Motion carried.
Mr. Connerly reported on what has been done to date regarding
the E1 Medio Ditch. The application has been tentatively approved. The
amount of the grant that is authorized is $262,500 and the loan would be
$12,200. Farmers Home will be submitting a list of conditions within the
week. They are going to have to wait for a couple of months to get. the
money.
470
APPROVE ECONOMIC OPPORTUNITY COUNCIL ITEMS
On motion of Supervisor Moseley, seconded by Supervisor Dolan
and unanimously carried, the following EOC items were approved:
1. Approved the Weatherization Assistance Program contract
amendment with the State Office of Economic Opportunity to extend the
agreement March 31 through June 30, 1979.
2. Authorized seeking state contract funds to operate a Crisis
Intervention Program which would provide relief from energy related crisis
which endanger health or increase-energy costs and would provide a one time
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March 20, 1979
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payment up to $250 for low income families to pay outstanding fuel bills
and other crisis related items such as blankets, etc. with the amount of
funding available $5,516 which must be expended prior to May 31, 1979.
3. Authorized seeking of state contract funds to operate an
Emergency Energy Assistance Program which would provide relief from energy
related crisis encurred during the winter of 1977-78 which endangered health
or resulted in increased energy costs and would provide for a one time
payment of $250 per qualified low income family to pay outstanding fuel
bills and other crisis related items with the amount of funding available
$7,171 and must be expended by May 31, 1979.
ADOPT RESOLUTION 79-52 SUPPORTING AB 425 CONCERNING INCREASE IN GENERAL
CLERK'S FILING FEES TO COVER THE COST OF DOCUMENT FILING AND PROCESSING
On motion of Supervisor Winston, seconded by Supervisor Wheeler
and unanimously carried, Resolution 79-52 supporting AB 425 concerning
increase in general clerk's filing fees to cover the cost of document
filing and processing was adopted and the Chairman authorized to sign.
RECESS: 9:35 a.m.
RECONVENE: 9:42 a.m.
STATEMENT BY SUPERVISOR DOLAN
Supervisor Dolan stated that she had voted on matters earlier
in the meeting regarding her €ather. She has received an opinon from
the Fair Political Practices Commission saying that there is no conflict
of interest. ,
AENY REQUEST FOR PENALTY RELIEF
On motion of Supervisor Winston, seconded by Supervisor Wheeler
and carried, the following requests for penalty relief were denied:
1. J. R. Ingram, Jr. - AP 03-09-5-011
2. B. J. Linder - AP 47-31-03.
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AYES: Supervisors Moseley, Wheeler, Winston and Ghairman Lemke
NOES: Supervisor Dolan
APPROVE AUCTIONEER'S LICENSE AND BOND
On motion of Supervisor .Moseley, seconded by Supervisor Winston
and unanimously carried, the auctioneer's license and bond for Tip Holloway
and Associates was approved.
APPROVE PENALTY CANCELLATION - CITY OF CHICO TAX BILLS
On motion of Supervisor Winston, seconded by Supervisor Dolan
and unanimously carried, blanket authorization under Revenue and Taxation
Code for penalty cancellation by the Auditor for corrected bills inside the
city limits of Chico that were paid within 30 days after receipt of corrected
bills or that were paid within 30 days after receipt of a notice of shortage
was approved.
APPROVE PLANS AND SPECIFICATIONS - STORM DRAINAGE FACILTIES, SANITARX SEWERS
AND STREET: IMPROVEMENTS CHAPMANTOWN AREA -PROJECT N0. 53235R-77-I
On motion of Supervisor Winston, seconded by Supervisor Wheeler
and unanimously carried, the plans and specifications for the storm drainage
facilities, sanitary sewers and street ~eprovements Chapmantown area:,
Project Na. 53235R-77--1 were approved; the Chairman and Director of Public
Works were authorized to sign plans; the wage scale was adopted; and bid
opening was set for April 12, 1979 at 11:00 a.m. at the Public Works
0£f ice. Page 197,
March 20, 1979
March 20, 1979
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478
PRESENTATION BY LEO J. TROMBATORE, DISTRICT DIRECTOR, DEPARTMENT OF
TRANSPORTATION SET FOR APRIL 10, 1979 AT .11:30 A.M.
A presentation to the Board by Leo J. Trombatore, district
director, Department of Transportation was set for April 10, 1979 at
11:30 a.m.
ADDITIONAL MATTER PRESENTED BY SUPERVISOR WHEELER
Supervisor Wheeler stated that logging-trucks are tearing up
Keefer Road. She felt that this should be looked into.
Clay Castleberry, public works director, stated that Keefer Road
is not designed to handle that type of use. The logging trucks are legal
and have a right to use the road. He will contact the logging companies
and attempt to have them use another road.
4a9
DISCUSSION AB 585 (GAGE) RELATING TO IMPLEMETATION OF STATE URBAN DEVELOPMENT
STRATEGY BY REQUIRING LOCAL GENERAL PLANS BE CONSISTENT WITH SPECIFIED
STATE POLICIES: OPPOSE AB 585
Supervisor Winston agreed that vacant land in developed areas
should be developed if there is a means devised whereby the land could be
acquired at representative market value.
It was moved by Supervisor Winston, seconded by Supervisor
Wheeler that the Board concurs in voicing concerns regarding AB 585 (Gage)
to their legislative representatives and have input into the hearings
in opposition to the bill.
Bettye Blair, planning director, stated that the General Plan
does not speak to the specified state policies. She had brought this
matter to the Board's attention as there could be problems.
Vote on motion:
AYES: Supervisors Moseley, Wheeler, Winston and Chairman Lemke.
NOES: Supervisor Dolan
Motion carried.
Bettye Blair reported on AB 619. This deals with the transfer
of certain procedures from governing bodies to advisory agencies.
This wouldn't have the impact that the General Plan proposal would.
No action taken on AB 619 at this time.
480
PUBLIC HEARING: GARY NORTHUP - REVIEW OF DRAFT ENVIRONMENTAL IMPACT REPORT
AND CONSIDERATION OF CERTIFICATION OF THE FINAL ENVIRONMENTAL IMPACT REPORT
AND USE PERMIT TO ALLOW A 62 UNIT APARTMENT GOMPLEX ON PROPERTY ZONED
"A-2 LTD.^ LOCATED ON THE WEST SIDE OF SHADOWBROOK WAY, APPROX. 300 FEET
WEST OF CLARK ROAD, IDENTIFIED AS AP 53-12-57, PARADISE
The public hearing on the Gary Northup review of environmental
impact report and consideration of certification of the final environmental
impact report and use permit to allow a 62 unit apartment complex on property
zoned "A-2 Ltd." located on the west side of Shadowbrook Way, approximately
300 feet west of Clark Road, identified as AP 53-12-57, Paradise was held
as advertised.
Earl Nelson, environmental review director, set out 'the
environmental impact report at this time. The main concerns relate to
drainage. .This 62 unit apartment complex is on 7.8 acres. This is north
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of the Stoneson Development project. The impacts are the same as the
previous project. The combination of these two and other pxoj@cts are
cumulative. These effects relate to conversion of the land from their
existing use to the proposed use. Traffic would increase. There is a
study underway that analyzes>the channel. The results are not in.
Some problem areas have been identified down stream. There are solutions
available. These have not been specifically. formulated. The Board of
Zoning Adjustment added mitigation measures.
Bettye Blair, planning director, set out the use permit at
this time. She provided an exhibit that shows the proximity to the
Stonesone project. The Board has received copies of the Board of Zoning
Adjustment minutes and staff findings and copies of letter submitted.
Chairman Lemke stated that there is a letter from Phil Mace
in opposition to the use permit without a drainage solution.
Hearing open to the public. Appearing:
1. Pam Figge, MAC liason to planning matters; stated that MAC
has been concerned. She set out the density of the Northup and Stoneson
projects. .She set out the activity that has been taking place in the area.
If the Board issues a use permit, it will allow the developer to start
development ten days without having to solve the physical problems.
She hoped that the Board would require the physcial work to be done prior
to the project.
Supervisor Winston stated that MAC had only commented on multiple
family dwelling regarding the possible drainage problems. There were
about 400 single family dwelling permits in 1978 in Paradise and the Board
has received no comments from MAC regarding these. 'They have created a
cumulative~ffect on the problems as well as any multiple family dwellings.
(Clay Castleberry, public works director, stated that they maintain
the existing drainage pipes. Property owners were contacted to get permission
to work on drainage for the Stonesone project and they turned down the
offer. A large assessment district would be the only way to put in all
the facilities for this area.
2. Robert Guth, ~representing Northup, stated that Supervisor
Winston has presented what he had planned to present. They are looking to
McCain and Associates to make the specific recommendations regarding the
drainage solution for the Stoneson development. They met with the property
owners downstream to get easements and were unsuccessful.
3. Ced"ell Miser felt that the building of the project should
be postponed until-- the drainage problem is solved. He spoke regarding
the study done by McCain and Associates in 1968. It is impractical for
a single groject to provide the requirements needed to solve the drainage
problems. There is a need to find out what is needed and do the required
things to solve the drainage problems.
4. Dave Riley, chairman, MAC, stated that everyone agrees that
it would be easier if the report was available. At the meetings held by
MAC, no one has expressed any discontentment with the use of the land.
5. Floyd Powell, owner of the Northup property, stated that the
apartments are within the General Plan. He would hate to see the project
held up. The drainage problem has been there for 25 or 30 years. These
projects are not what made the flooding downstream. This project-would
supply one percent of the runoff to the basin which is a small percentage
when everything is taken into consideration. They are"willing to go
Page 199.
March 20, 1979
March 20, 1979
along with whatever is required when the report comes out.
Hearing closed to the public and confined to the Board.
Discussion of what type of restrictions the Board had on the
owner after a use permit was granted held at this time. Mr. Castleberry
stated that the county could require the developer to post a guar-antee
for his share of a drainage system. This could be estimated. within the
next 30 days.,
Mr. Guth stated that the on site improvements are a condition of
approval. Most of that is there at the present time.
On motion of Supervisor Winston, seconded by Supervisor Moseley
and unanimously carried, because the Board has reviewed the contents of
the draft environmental impact report, the comments received thereon, and
responses to those comments, the final environmental impact report was.
certified to have been completed in compliance with the California
Environmental Quality Act, the State EIR Guidelines and the Butte County
Environmental Review Guidelines. '
On motion of Supervisor Winston, seconded by Supervisor Wheeler
and unanimously carried, based on the Board's knowledge and research and
on information presented to the Board concerning this project, including
the environmental impact report which was considered in arriving at a
decision, finding that the project could have a significant effect on the
environment but will not in this case because of the adopted mitigation
measures listed below:
1. Provide a permanent solution for drainage. Submit plans for same to
Department of Public Works for approval and install required facilities.
Developer shall participate in off-site drainage improvements on
drainage course from-this project to and including limits of downstream
area as designated in McCain's current drainage study. Further, that
all downstream drainage problems are to be identified and physcially
solved prior to construction of project.
2. Meet the requirements of the Paradise Fire Protection District.
3. Meet the requirements of the Butte County Environmental Health Department
and the California Regional Water Quality Control Board.
4. Provide the opportunity for the Society for California Archaeology
to enter the property and survey, map, measure, photograph, collect,
and otherwise record the archaeological resources on the subject
property within a period of one year after project approval.
Further finding that the proposed project is' in accordance with the General
Plan and noting that the environmental impact report has been certified aid
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 or general welfare of the persons residing
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, 2, 3 & 4 Mitigation Measures above.
5. Install at least three 6" by 4-1/2" by 2=1/2" hydrants with 6" gate
valves on a 6" water main. Hydrants should be located at 300-foot
intervals and the water m~.~;:shall be looped to prevent dead end mains.
Connect two dead end roads around building B. Subject to requirements
of Butte County Health Department and Water Quality Control Board.
Page 200.
March 26, 1979
March 20, 1979
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6. Install sidewalk along property frontage on Shadowbrook.
7. If downstream drainage problems cannot be solved during construction
period bond can be posted of the type and in an amount satisfactory
to the Aepartment of Public Works.
Applicant must also comply with all other applicable State and local statutues,
ordinances and regulations.
481
PUBLIC HEARING: KEVIN FTSCHER PROPOSED NEGATIVE DECLARATION AND APPEAL OF
CONDITIONS 1, 7, 10 AND 13 ON GREEN PINES TENTATIVE SUBDIVISION MAP, 18
LOTS, AP 50-212-12 AND 20, NORTH SIDE OF BILLE ROAD AT SAWMILL ROAD,
PARADISE
The public hearing on the Kevin Fischer proposed negative
declaration and appeal of conditions T, 7, 10 and 13 on Green Pines tentative
subdivision map, 18 lots, AP 50-212-12 and 20, north side of Bille Road
at Sawmill Road, Paradise was held as advertised. Del Siemsen, deputy
county counsel, stated that the approval of the map had not been appealed
so there was no requirement to go through the negative declaration.
Clay Castleberry, public works director, set out the background
of the appeal at this time. The Board had indicated the drainage pipe
on Sille would go so far and would be turned loose in the gutter.This
is an appeal of the formation of drainage plans for Bille Road..:- Since
the map was submitted, they have revised the road standards to not require
curb, gutter and sidewalk. He felt that that solved condition 467.
The county asked for minor work along Bille Road along the frontage.
The last condition being appealed is the street lighting requirement.
Hearing open to the public. Appearing: Gary Lippincott. Mr.
Lippincott stated that there is a drainage problem in Paradise. Condition
967 relating to street construction. He would like to have the condition
changed to LS-10--5 standards. The method of stubbing for the street
lights would be acceptable. The main item that is being appealed is the
drainage condition. Several years ago the Board approved a subdivision
with drainage to Forest Lane. They put in the physical drainage to
Forest Lane. Mr. Lippincott stated that they did not have any objection
to the on-site drainage.
Hearing closed to the public and confined to the Board.
On motion of Chairman Lemke, seconded by Supervisor Moseley
and unanimously carried, the appeal of conditions for the Green Pines
tentative subdivision map was upheld with the following changes:
Condition 461 to stay the same. Condition 967 to be changeid to use LS-10-5
standards instead of RS-2-B standards. Condition 4610 to be worked out
with Public Works as indicated in testimony this morning. Condition 4613
with the new policy that was adopted to require stubout for street lighting
in accordance with Butte County Requirements.
482
MOT10N OF INTENT TO INCLUDE LANGUAGE DEFINING PARKING SPACE FOR CLARIFICATION
OF ORDINANCE 1750: AUTHORIZE PREPARATION OF APPROPRIATE ORDINANCE WITH
REGARD. TO UIVDERGROUNDING OF CABLE TV FACILITIES
Lee Colby, Wynoka Homes, presented a letter to the Board .regarding
the zoning ordinance and the requirements for parking spaces on single
family dwellings.
On motion of Supervisor Winston, seconded by Supervisor Wheeler
and unanimously carried, the Board made a motion of intent to include
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March 20, 1979
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the following language defining parking spaces in the zoning ordinance
and for Counsel to bring back the necessary paperwork:
Tf a lot is within subdivision which had dedicated sixty foot
streets improved to county standards, the area beyond the dedicated street
area of thirty feet and the fifty foot setback may be considered as parking
area provided it is accessible and useable.
Mr. Colby also spoke regarding the requirements to put undex-
grounding in for the cable TV company. The Board has passed an ordinance
to require the developer to furnish undergxound cable TV to any lot.
He was opposed to this ordinance that would require a private enterprise
to subsidize another enterprise.
On motion of Supervisor Winston, seconded by Supervisor Moseley
and unanimously Carried, the appropriate paperwork is to be prepared
to .. delete this requirement.
483
APPROVE EXTENSION OF TIME FOR FILING FINAL P2ItCEL MAP, AP 56-05-35
Dan Hays stated that he was here at the request of California
American Land Exchange regarding Highway 32 and access at Santos Way.
On November 21, 1978 Mr. Davis and California American Land Exchange
were told they could file a final subdivision map. AL1 of the conditions
have been met with the exception of conditions 4{10 and ~t12. Condition #5
says to close the existing access to Hwy 32 and obtain legal access to
Santos Way. There is a small opening of 20 feet allowed by CALTRANS and
the Board. The people in the area were told to gain access to Santos Way.
'There is no legal access onto Santos Way and there is no way that this
condition can be met. He asked that the Board grant an extension of time
for a:a':6 month period. He also asked that the Board grant a temporary
access of 20 feet until such time as legal access is obtained to Santos
Way. They are willing to make a diligent effort to solve the problem.
Clay Castleberry, public works director, stated that he had no
problem with the six month extension. If the Board approved the map, they
would be approving a 20 foot access to a public road. The ordinance
requires a 60 foot acess to a public road. Once the map is recorded
the property can be transferred. The road is shown on the county master
plan.
On motion of Supervisor Wheeler, seconded by Supervisor Dolan
and unanimously carried, a 12 month extension of time for filing a final
parcel map for AP 56-05-35 was granted.
484
x+85
f1PPEARANCE: ROBERT GUTH
Mr. Guth asked for clarification of the action that was taken
regarding the Gary Northup use permit. Solving the physical drainage
problems could be a time factor. Tt could take up to two years if an
assessment district must be Formed.
ap .
Tt was felt that each project would be considered as it came
PUBLIC WORKS DIRECTOR WAS AUTHORIZED TO SEND A 90 DAY CANCELLATION NOTICE
CO OPERATOR OF PARADISE TAXI AND AUTHORIZED CALL FOR BIDS
Karen Webby, with the STRIVE group in Paradise, spoke regarding
the taxi service in Paradise. She used the taxi under the previous owner
and under the present owner. She stated that the service was not good.
the has had to wait for one hour for the present taxi.
Chairman Lemke stated. that he had received numerous complaints
about the taxi service in Paradise.
Page 202.
March 20,1979
March 20~ 1979
7S
486
487
488
489
4901
On motion of Supervisor Winston, seconded by Supervisor Lemke
and unanimously carried, Public Works Director was authorized to send a
90-day cancellation notice to the operator of the Paradise Taxi and was
authorized to call for bids.
APPEARANCE: ROGER TRIPLET
Mr. .Triplet spoke regarding the poor taxi service in Paradise.
WAIVE FIRST READING OF ORDINANCE AMENDING ARTICLE I OF CHAPTER 4 OF THE
BUTTE COUNTY CODE RELATING TO ANIMAL CONTROL
On motion of Supervisor Moseley, seconded by Supervisor Winston
and unaimously carried, the first xeading of the ordinance amending Article I
of Chapter 4 of the Butte County Code relating to animal control was waived.
CLARIFICATION OF BUTTE COUNTY CODE SECTION 15-79 CONCERNING DEFINITION OF
CARDROOM EMPLOYEES
Dan Blackstock, county counsel, stated that the question came
up as to who is an employee that has to be licensed for a cardroom.
His opinion was that the intent was to cover only those employees directly
involved with the game. Those persons taking change are not provided for
by the ordinance. He did not believe that a change to the ordinance to
require change persons to be covered was needed.
Supervisor Winston stated that the intrepretation of the
cardroom ordinance is only those people directly involved in that game
and that people taking change are not directly involved with the card playing.
APPOINTMENTS CONTINUED TO MARCH 27, 1979
The following appointments were continued to March 27, 1979:
1. Appointment to the Butte County Mosquito Abatement District -
District 2.
Committee.
2. Appointment to the Biggs Swimming Pool District Advisory
COMMUNICATIONS
McCain Associates, Chico. The Engineers, on behalf of Jayred and Towne,
appeal the Advisory Agency's denial of draft environmental impact
report and Southgate Acres Subdivision, AP 40-04-35 & 37, 20 lots,
south side of Entler Avenue,, 750 feet east to property line,
Chico. Set for hearing April 10, 1979 at 10:00 a.m.
Butte. County Employee's Association. The Association writes concerning
the agreement they have reached with the Superintendent of
Schools regarding fiscal independence. Information; no action
taken.
Agricultural Advisory Commission. The Commission writes forwarding its
recommendations for the retention of agricultural preserves
and the formulation of a feasibility study for an up-to-date
land and soil map. Discussed; referred recommendation regarding
agricultural preserves to the Planning Commission. Referred
recommendation regarding land and soil map to Farm Advisor
for comment and the comment that there is not funding available
for said map and they should seek funding sources. Administrative
Office to post vacancy of Frank Stewart who resigned from the
Agricultural Advisory Commission with a letter to be written
in appreciation of his services.
Page 203.
March 20, 1979
°_______=====March 20, 1979__________________
Paradise Municipal Advisory Council. The Council writes concerning drainage
and related problems in the Paradise area and specifically the
Northup project presently under consideration. Matter handled
earlier in the meeting.
Chico Unified School District. The District forwards information concerning
the conduct of a comprehensive study of transportation in the
greater Chico area. Information.; no action taken.
John W. Green, Paradise. Mr. Green writes with regard to the assessment
and taxation of personal type property. Acknowledged; information
no action taken.
Chico 2000. The organization writes concerning the need for an environ-
mental impact report for the Sacramento Avenue Drainage District
No. 1. Referred to Environmental Review Director to get back
to Administration as to whether hearing is necessary.
Metropolitan Water District of Southern California. The District writes
forwarding information and indicating their support for constru-
tion of the Peripheral Canal. Continued to March 27, 1979.
State Department of Alcoholic Beverage Control. The Department forwards
information concerning the procedure for commenting upon applica-
tions for alcoholic beverage licenses. Information; no action
taken.
State Department of Transportation. The Department forwards information
concerning the replacement of the Gianelli Bridge and the
historical importance of the bridge. Public Works to decline
invitation to maintain said bridge.
William P. Mace, Paradise. The Attorney writes requesting that the Board
consider drainage problems from the Northup Use Permit and
Stoneson properties and requests that the Board secure a legal
opinion as to their responsibility regarding drainage problems.
Matter handled earlier in the hearing.
Oylen G. Barkley. Mr. Barkley submits his resignation as the. Veterans
Representative to the County Employment and Training Advisory
Council (CETAC) effective February 26, 1979. Administrative
Officer to goat vacancy.
491
492
493
ADOPT RESOLUTION 79-53 IN APPRECIATION OF SERVICE PERFORMED BY CHICO
FIRE CHIEF D.ON KAYE
On motion of Supervisor Wheeler, seconded by Supervisor Winston
and unanimously carried, Resolution 79-53 in appreciation of services
performed by Chico Fire Chief Don Raye was adopted and the Chairman
authorized to sign.
ADOPT RESOLUTION 79-54 IN APPRECIATION OF SERVICES PERFORMED BY CLEM
MEITH
On motion of Supervisor Moseley, seconded by Supervisor Dolan
and unanimously carried, Resolution 79-54 in appreciation of services
performed by Clem Meith was adopted and the Chairman authorized to sign.
ADDITIONAL MATTERS PRESENTED BY BOARD MEMBERS
Chairman Lemke, stated that CSAC will have their first legislative
rally and general association meeting April 4, 5 and 6, 1979 in Sacrzmento.
He had postcards available if anyone was interested in attending.
Page 204.
March 20, 1979
494
-___________= March 20, 1979 ~~~______________
INSTRUCT PLANNING COMMISSION TO HOLD HEARINGS ON THE NEIGHBORHOOD COMMERCTAL
ZONE TO ALLOW SINGLE FAMILY F:ESIDENCES
On motion of Supervisor Lemke, seconded by Supervisor Moseley
and unanimously carried, the Planning Commission was instructed to hold
hearings on the neighborhood commercial zone to allow single family
residences.
EAECUTIVE SESSION: The Board recessed at 12:20 p.m. to hold an executive
session Y•egarding litigation and personnel matters.
RECONVENE: The Board reconvened at 12:45 g.m. following an executive
session regarding personnel issues with the District Attorney's
Office and advised the Personnel Department to hold the matters
in abeyance until. negotiations. There were no announcements
regarding the litigation matters discussed.
4 95
EOC DIRECTOR TNTRODUCED
Chairman Lemke introduced James McNaughton, EOC Director.
ADJOURNMENT
There being nothin€; further before the Board at this time, the
meeting was adjourned at 12:4.6 p.m. to reconvene on Tuesday, March 27,
1979 at 9:00 a.m.
ATTEST: CLARK A. NELSON, COUrfTY CLERK
RECORDER and ex-officio Clerk
of the Board of Supervisors ~
Chairman, Board of Supervisors
By
Page 205.
March Z0, 1979