HomeMy WebLinkAboutM040880April 8, 1980
STATE OF CAi,IFORNIA )
SS.
COUNTY OF BUTTE )
80- The Board of Supervisors met at 9:00 a.m. pursuant to adjournment.
v 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 Glay Castleberry
536 APPROVAL OF MINUTES
On motion of Supervisor Wheeler, seconded by Supervisor Dolan
and unanimously carried, the minutes of April 1, 1980 were approved as mailed.
537 ADOPT ORDINANCE 2091: WAVE SECOND READING OF SALARY ORDINANCE AMENDMENT
On motion of Supervisor Dolan, seconded by Supervisor Wheeler
and unanimously carried, the second reading of the salary ordinance
amendment establishing a position of probation officer for the Probation
Delinquency Prevention grant funded through CCCJ was waived; Ordinance 2091
as adopted and the Chairman authorized to sign.
538 PROVE CONTRACT WITH CSUC - PRIVATE INDUSTRIAL SiJ"RVEY
On motion of Supervisor Wheeler, seconded by Supervisor Dolan
and unanimously carried, the contract with CSUC to conduct an independent
survey of private business within the county was approved and the Director
authorized to sign.
539 UTHORIZE PURCHASE OF CHAINSAW AND RELIEVE ACCOUNTABILITY - CETA
On motion of Supervisor Wheeler, seconded by Supervisor Dolan
and unanimously carried, the purchase of a chainsaw at a cost of approxi-
tely $250 was authorized for CETA; the CETA inventory was relieved of
ccountability for the stolen saw.
540 PT RESOLUTION 80-69 1979-80 COUNTY JUSTICE SYSTEM SU3VENTION PROGRAM -
oDIFICATION I
On motion of Supervisor Moseley, seconded by Supervisor Dolan
nd unanimously carried, the 1979-80 County Justice System Subvention
rogram modification I reducing the amount from $398,247 to $335,355 was
pproved; Resolution 80-69 of assurances of nonsupplantation was adopted
nd the Chairman authorized to sign.
541 OPT RESOLUTION 80-70 1978-79 COUNTY JUSTICE SYSTEM SUBVENTION PROGRAM -
ODIFICATION II
On motion of Supervisor Dolan, seconded by Supervisor Moseley
nd unanimously carried, the 1978-79 County Justice System Subvention
rogram modification II for the carryover funds and adjustments to the
978-79 program. in the amount of $35,246 was approved; Resolution 80-70
iving assurances of nonsupplantation was adopted and the Chairman authorized
o sign.
542 PROVE BUDGET TRANSFERS
On motion of Supervisor Wheeler, seconded by Supervisor Dolan
nd unanimously carried, the following budget transfers were approved:
B-124 - Envirnnmental Review. Transfers $300 from transportation
nd travel to equipment maintenance to cover the costs of unexpected major
ehicle repairs.
Page 325. April 8, 3.980
April 8, 1980
80_ B-127 - Welfare Administration, Transfers $5,000 from salaries
~ and wages to overtime to cover overtime expenses in eligibility section due
to increases in caseload and temporary shortage of experienced staff.
B-128 - Assessor. Transfers $300 from office expense to maintenance -
equipment to cover routine office equipment maintenance.
B-129 - Board of Supervisors. Transfers $14 from office expense
to maintenance - equipment to cover repairs to the Board sound system which
were greater than anticipated.
543 AWARD BTD - AUTOMOTIVE EQUI_P_MENT
Tom Struthers, purchasing officer, set out the background of the
bids received.
Discussion of why the county did not go to the state to bid
on the police sedans held at this time. Mr. Struthers stated that the
CHP vehicles would not be suitable for the county purposes. The police
vehicles are specialized vehicles. Tt was felt that the county could
get abetter deal locally on these vehicles.
Supervisor Winston did not feel that the county was consistent
with their policy. Last week the Board had been told that the reason
the county bought from the state was because it was cheaper. Now, they
are being told because these are specialized vehicles it is cheaper to
go with the local dealers.
Clif Nickelson, administrative officer, stated that the reason:: hey
did not go with the same vehicles as those used by the CHP was because
the Ford vehicle had an additional support in the rear door windows with
a frame bar. This would give added protection when transporting prisoners.
Mr. Struthers did not feel that the present policy was inconsistent.
They try to get the best buy that they can that is suitable for the county
purposes. They always attempt to buy locally if there is no added cost.
The Administrative Office and Purchasing Office has been
instructed to bring the differences between local merchants and the state
to the Board whenever the bids are to be considered:.
On motion of Supervisor Winston, seconded by Supervisor Wheeler
and unanimously carried, the following bids were awarded:
Ed McConnell Ford of Gridley 12 police partrol sedans $91,523.83 including
sales tax
Hobble Chevrolet 1 3/4 ton cab & chassis/ $11,352.54 including
utility body sales tax
Ed Whitmeyer Ford of Chico L 3 yd. dump truck $181.1.53 including
sales tax
544 APPROVE CONTRACT - DEMOLITION OF COUNTY OWNED PROPERTY - HCD
On motion of Supervisor Moseley, seconded by Supervisor Dolan
and unanimously carried, the contract with Frank's Dozer Service of
Oroville in the amount of $2,238 for the demolit?on of county owned property
located at 2580 Ft. Wayne Street, Oroville was approved and the Chairman
authorized to sign.
545 PUBLIC HEARING DATE SET
The following public hearing dates were set:
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April 8, 1980
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547
548
549
. _ _ - _ _ _ _ - _ _ _ -April 8, 1980_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
1. A public heaxing date of April 29, 1980 at 10:00 a.m. was
set to consider Catherine M. Rush petition for variance to sections 19-10
and/or 19-12 of the Butte Couuty Code for placement of a mobile home on
AP 33-08-7-6 and 5, 270 incline Avenue, Oroville area. Zoning: "A-2"
2. A publicE-:hearing date of April 29, 1980 at 10:00 a.m. was
set to consider G. L. Ronsse petition for variance to sections 19-10 and/or
19-12 of the Butte County Code for placement of a mobile home on AP 33-09-022,
285 Incline Avenue, Oroville area. Zoning: "A-2"
APPROVE PENALTY RELIEF - ROY LEE
On motion of Supervisor Moseley, seconded by Supervisor Wheeler
and unanimously carried, the request for penalty relief by Roy Lee for
AP 034-27-052 was approved.
APPROVE PUBLIC WORKS ITEMS
On motion of Supervisor Winston, seconded by Supervisor Wheeler
and unanimously carried, the following Public Works items were approved:
I. Approved the plans and specifications for Ord Ferry Road
and Chico River Road, Project No. 42071-78-1; authorized the Chairman and
Director of Public Works to sign the plans; adopted the wage scale; and
set the bid opening at 11:00 a.m., May 1, 1980, Public Works Department
Building.
2. Approved contract change order No. 1 for Clark Road, FAU
Project No. Y746(2) in the increasing amount of $13,603.46 providing for
reimbursing contractor for costs of working around utilities which were not
anticipated and the Chairman authorized to sign; and authorized the
transfer of $13,603.46 from the road reserve.
3. Accepted the work of Robinson Construction Company, Inc. for
Clark Road, FAU Project No. Y746(2); authorized the Chairman to sign the
notice of completion and instructed the Clerk to record said notice with
the Recorder.
APPROVE FINAL SUBDIVISION MAP - .HILLTOP ACRES SUBDIVISION AND WOODSIDE
SUBDIVISION
On motion of Supervisor Wheeler, seconded by Supervisor Moseley
and unanimously carried, the following final subdivision maps were approved:
1. Approved Hilltop Acres final subdivision map (private road
subdivision), 16 lots, located in the west half of Section l4, T19N,
R,S.E., Hurleton area, AP 72-29-102; accepted public utility easements;
and recommended that offer for dedication of Mather Lane, Mackey Court
and Hershel Court for public use not be accepted.
2. Approved Woodside final subdivision map, 46 units, southeast
comer of Eaton Road and State Highway 99, Chico, AP 44-47-74; accepted
easement for public utility purposes (including watex, sewer, drainage,
electric, gas and communication facilities); accepted Silverbell Road,
Gardenside Court and Balboa Court in fee simple for county road purposes;
and authorized the Chairman to sign the subdivision agreement.
CONSIDERATION OF IMPROVEMENTS ON SWEDES FLAT ROAD AND HURLETON-SWEDES FLAT
ROAD - CONTINUED TO APRIL 15 1980
Discussion of improvements on Swedes Flat Road and Hurleton-
Swedes Flat Road held at this time. Clay Castleberry, public works
director, stated that he had given the Board a report with three
suggestions. One of the suggestions would be to install culverts at
three major crossing which would cost $24,000, $14,000 materials and
$14,000 for installation. He did-not have the money to do the improvements.
Page 327.
April 8, 1980
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He felt the only alternative would be to•:consider the matter at budget
time or to take the funds from-the road reserve.
The matter was continued to April 15, 1980 so that Supervisors
Dolan and Wheeler could visit the site.
ADOPT ORDINANCE 2092 & 2093: AUTHORIZE PAYMENT TO JON ANDERSON: PUBLIC HEARING
DATE SET FOR CONSIDERATION OF MERIDIAN MUNJAR, ROCK CREEK FLOOD DIVERSION,
MUD CREEK AREA PROJECT, AND THERMALITO DRAINAGE STUDY EIR AND NEGATTVE
550
Clay Castleberry, public works director, set out the background of
the drainage study that was done by Jon Anderson. There were three studies,
in one report. He asked that the Board adopt an ordinance to preserve the
natural drainage swayles as was done fox the Thermalito area.
On motion of Supervisor Wheeler, seconded by Supervisor Dolan
and unanimously carried, a public hearing date of May 27, 1980 at 10:30 a.m.
was set for consideration of the following and the Environmental Review
Director was instructed to circulate EIRs immediately:
1. Proposed negative declaration and decision on project for
Meridian Munjar drainage project.
project.
2. Draft EIR and decision on project for Rock Creek flood diversion
3. Draft EIR and decision on project.-for Mud Creek area project.
4. Proposed negative declaration and decision on project for
Thermalito drainage study.
On motion of Supervisor Wheeler, seconded by Supervisor Dolan
and unanimously carried, the following urgency ordinances were adopted
and the Chairman authorized to sign:
Ordinance 2092 - to preserve the natural drains and swayles for
Meridian Munjar drainage area.
Ordinance 2093 - to preserve the naturAl drains and swayles for
Rock Creek flood diversion area.
On motion of Supervisor Wheeler, seconded by Supervisor Dolan
and unanimously carried, payment to Jon Anderson for the Meridian
Munjar study was authorized.
Bettye Blair, planning director, made a report to the Board
regarding the preparation of the 1980-81 Community Development B1ock~:GxanC
application, She recommended that the Soard consider changing the proposed
contract with Connerly and Associates to require that records data belong
to the county and are part of the county records.
APPROVE CONTRACT WITH CONNERLX AND ASSOCIATES - HCD
551
Dan Blackstock, county counsel, advised that this would be in
the agreement.
Ward Connerly, Connerly and Associates, stated that this data
was included in the application sent to HUD and the county.
On motion of Supervisor Winston, seconded by Supervisor Moseley
and carried, the contract with Connerly and Associates to prepare the
1980-81 Community Development Block Grant application was approved and
the Chairman authorized to sign: ~~Y'~S Supervisors Dolan, Moseley, Wheeler,
and Winston. ABSTAINING: Chairman Lemke.
Page 328. April 8, 1980
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80- 552 DISCUSSION: SB 1627 (KEENE) RELATING TO PUBLIC PROJECT CONFORMITY TO
b GENERAL PLAN
Bettye Blair, planning director, set out SB 1627 (Keene) relating
to public project conformity to the General Plan. This report is for
information. This would refer to all districts.
SESSION: The Board recessed at 9:45 a.m. to hold an executive
session regarding litigation.
. The Board reconvened at 10:15 a.m, following an executive
session regarding litigation. No announcements at this time.
553 ADOPT RESOLUTIONS 80-71 & 80-72: PUBLIC HEARING: WILLIAM B. WALKER &
ELEANOR M. GUY - ABANDONMENT OF PUBLIC UTILITIES EASEMENT AND RECREATIONAL
EASEMENT -- PARADISE PINES AREA
The public hearing on the following was held as advertised:
1. William B. Walkel' abandonment of public utilities easement
and recreational easement, Paradise Pines Country Club #3, Lot 124,
AP 66-18-15.
2. Eleanor M. Guy abandonment of public utilities easement
recreational easement, Paradise Pines Unit 10, Lot 143, AP 64-57-21.
Bettye Blair, planning director, set out the background of the
Hearing open to the public. Appearing: No one
Hearing closed to the public and confined to the Board.
On motion of Supervisor Moseley, seconded by Supervisor Wheeler
and unanimously carried, the following were abandoned reserving the five-
foot recreational easement; and the Chairman authorized to sign the
resolutions:
1. Resolution 80-71 abandoning public utilities easement and
recreational easement, Paradise Pines Country Club 4~3, Lot 124, AP 66-18-15
for William B. Walker.
2. Resolution 80-72 abandoning public utilities easement and
recreational easement, Paradise Pines Unit 10, Lot 143, AP 64-57-21 for
Eleanor M. Guy.
554 PUBLIC HEARING: COUNTY SERVICE AREA 59 (PARK VISTA SUBDIVISION, CHICO)`-
CONSIDERATION OF ADDITION OF TWO STREETLIGHTS AT A COST OF $1,185 OR
$16.92 PER LOT
The public hearing on County Service Area 59 (Park Vista
Subdivision, Chico) consideration of the addition of two streetlights
at a cost of $1,185 or $16.92 per lot was held as advertised.
Hearing open to the public. Appearing: No one.
Hearing closed to the public and confined to the Board.
On motion of Supervisor Wheeler, seconded by Supervisor Dolan
and unanimously carried, the addition of two streetlights at a cost of
$1,185 or $16.92 per lot was approved for County Service Area 59 (Park
Vista Subdivision, Chico).
Page 329.
April 8, 1980
_ April 8, 19$0 _ _ _ _ _
80- 555 DISCUSSION: ASSESSMENT DISTRICT CONSTRUCTION AND COUNTY SERVTCE AREA
~ MAINTENANCE OF PRIVATE ROADS
Discussion of assessment district construction and county service
area maintenance of private roads held at this time.
Clay Castleberry, public works director, stated that in
the past the Board has never used the assessment district for construction
and county service areas for maintenance of private road systems. This
is similar to sewer districts. Mr. Croninger and Mr. Hays, 5r. have asked
that this method be used. The road maintenance would be paid for by those
getting the benefit of the roads. There is an advantage of using this
method over that of a property owners association.
Aan Blackstock, county counsel, stated that!ahere were a number
of problems. When a road is built with 1911 or 1913 act bonds that
road becomes public property. After the county has b~iilt the road, they
would be turning around and saying that the county will not take this
road into the county road system. The county would be turning around and
forming a county service area for the maintenance. He was concerned with
the Attorney General's opinion regarding 1913 act bonds. He felt that
as of this time, the county could make a good case for the maintenance
on an assessment basis. He did not recommend that the Board get involved
with these types of county service areas.
Bob Brunsell, bond counsel, stated that Mr. Hays was perfectly
happy to build the roads to county standards. He is not asking for a private
road. The county does not want to accept these roads into the county
system for maintenance. As far as talking about an assessment district
for construction of the road, this would make the roads public in nature.
This would help to.avoid the cost for maintenance against the general
fund. A county service area is formed for the purpose of funding a
governmental service which is not performed by the county. The court has
held that road maintenance is appropriate use of county service area
funds. The question raised as to whether the service charge in a county
serive area might be construed to be a special tax, he was satisfied
that a service charge fox a direct cost of road maintenance would be
considered to be a special assessment. Under the County of Fresno case
it would not be covered under Article i3A.
Mr. Castleberry stated that it takes an action of the Board to
accept a road into the county maintained system. He felt that these
roads would be of local benefit. The revenue for each mile of county
road received from the state does not pay for what the county is spending
on the roads. He was reluctant to have roads accepted into the county
system.
Mr. Blackstock set out the problems that could arise from
this type situation. The county is going to have the liability of the
road. This would be subject to referendum. The Board could be in a
position of having to accept the road into the county system. On the
other side of the question, the Board would not be paying to control
the level of maintenance. This is a policy question for the Board.
The county will not be able to sit around'if a dangerous situation were
to come up. The maintenance would have to be done.
Public Works Director and Counsel were instructed to work with
bond counsel to bring back an analysis and procedure for this type
of item.
It was felt this would be a good way to handle construction
of private roads.
Page 330.
April 8, 1980
April 8,_ 1980
80- 556 PUBLIC HEARING: HALL PETROLEUM COMPANY - APPEAL OF CONDITIONS 1, 2 & 10 ON
b TENTATIVE PARCEL MAP, AP 40-31-08, TWO PARCELS, ON WEST SIDE OF THE
SACRAMENTO NORTHERN RAILROAD AND THE EAST SIDE OF MIDWAY AT THE SOUTHERN
PACTFIC RAILROAD CROSSING ON MIDWAY, CHICO AREA
The public hearing on Hall Petroleum Company appeal of conditions
1, 2 and 10 on tentative parcel map, AP 40-31-08, two parcels, on the
west side of the Sacramento Northern Railroad and the east side of Midway
at the Southern Pacific Railroad crossing or~lidway, Chico area was held
as advertised.
Clay Castleberry, public works director, set out the background
of the appeal. This is located in the industrial area south of Gtelco.This
would be dividing one parcel from the Western Pacific property. It is
not two divisions for development. The ordinance for such parcel
maps requires improvements. They have a letter from California Water that
they will extend the water to the property. He felt it would be more
appropriate to waive the conditions on the condition that when the property
is developed that the improvements be put in at that time.
Hearing open to the public. Appearing: Tom Riegel, Shields
Engineering. Mr. Riegel stated that the property is proposed for storage
and parking. The area will be cleaned up. They are appealing the condition
~o place curb, gutter and sidewalk on the property. If these were
required the usable area would be about 45' x 150' of ground. The railroad
did not want to give up the railroad tracks. They are willing to sell the
property that would be used by Hall Petroleum.
Hearing closed to the public and confined to the Board.
Supervisor Winston stated that the only reason this parcel
map was being done was to remove the railroad track and siding from the
other holdings and to sell that parcel. The parcel is small and the
conditions would require a great expense. He felt it would be difficult
to build on the property. The requirements would be imposed if a
building permit were applied for.
Lynn Vanhart, environmental health director, stated that this
is a small lot and would be unusable for sewage disposal and water.
On motion of Supervisor Moseley, seconded by Supervisor Wheeler
and unanimously carried, the appeal was upheld and the conditions 1, 2
and 10 on tentative parcel map, AP 40-3108, two parcels, on the west side
of the Sacramento Northern Railroad and the east side of Midway at the
Southern Pacific Railroad crossing on Midway, Chico area for Hall
Petroleum Company were deleted.
557 (APPEARANCE: JACK LAWRY RE: LINDO MANOR SUBDIVISION_ZONING
Mr, Lawry stated that on November 20, 1979 the residents
submitted petitions to~the Board asking for a rezone on the subdivision
of "R-1" zoning. There were 80 signatures out of 106 residences. The
Board granted the request. The subdivision had been zoned "A-2"zoning.
When the matter came up for hearing, the people had been told there was
no need for them to appear as it would be handled matter of fact. At
the hearing there were tour parcels that front on Cohasset Road that
were taken out of the "R-1" zoning and placed in "R-4" interim zoning.
He asked that the Board go back to the original decision and have all
of the subdivision placed in "R-1" interim zoning,
558 APPEARANCE: BOB KUNTZr.
Mr. Kuntz stated that he was with the Feather River Power
Squadron.<~; Ranger Allen Hipps and Oroville Knifong from the U.S.M:"C.
auxiliary in Paradise were also-g~resent. He asked that the Board support
Page 331.
April 8, 1980
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Safe Boating Week for Lake Oroville. Mr. Kuntz set out the activities
planed for the week of June 8 to June 15, 1980.
Chairman Lemke advised Mr. Kuntz that the Board had a policy of
not issuing proclamations. A letter is to be sent in support of Safe
Boating Week at Lake Oroville.
DISCUSSION: REVENUE SHARING RE UEST BY FEATHER RIVER SENIOR CITIZENS ASSOC.
Jim McNaughton, community action agency executive director,
spoke in favor of alloting $72,000 in revenue sharing funds to the Feather
River Senior Citizens Association for completion of the center. They
have received commitments of over $65,000 for the center. The Board
has received a proposal from them for the revenue sharing funds.
559
Lucille Houser stated that the association has been working
on the center since 1975. The need for a senior citizens center is
greater than it was five years ago. The members of the association have
demonstrated that they are dedicated to the establishment of a senior
citizens center in Oroville.
Mr. McNaughton stated that the money was needed as soon as
possible. There was $14,000 in his budget that was allocated fox the
Oroville Meals-on-Wheels ,program. They are now providing for these
services under Department o£ Aging grant. These funds would be available
for the center. There was $56,000 allocated for the center in Chico.
This was not spent.
Clif Nickelson, administrative officer, stated that there were
funds under unallocated appropriation for revenue sharing funds. Those funds
shold be viewed in the same light as property tax revenue,in setting
priorities.
It was felt that this matter to be considered at budget time
along with the other revenue sharing requests as well as the county budget.
If Mr. McNaughton would like Co have the $14,800 from his
budget transferred, he should bring back a budget transfer.
DISCUSSION• INTERIM ZONING ON LTNDO MANOR SUBDIVISION, CHICO
Discussion of the interim zoning placed on the Lindo Manor
Subdivision, Chico held at this time.
Freida Stratton spoke in favor of having the interim "R--/+"
zoning remain on the four exterior lots. There was a chance £or everyone
to be heard at the hearing that was held before the Board. She did not
feel that "R-4" zoning would disrupt Che neighborhood.
Georgie Slower spoke in favor of retaining the interim "R-4"
zoning. Everyone in the neighborhood xeceived notice of the hearing
-held before the Board.
•. Discussion of whether the Board could change the interim "R-4"
:back to interim "R-1" held at Chis time. Dan Blackstock, county counsel,
stated that the Board could amend the ordinance Chat was adopted at the
time of Che hearing on the interim for a period of eight months.
560
Ms. Slower stated that Mr. and Mrs. Stratton have had their
property on the market since last September. She felt that it would
create a hardship for Mr. and Mrs. Stratton if the zoning were changed
to "R-1" zoning.
Page 332.
April 8, 1980
April_8, 1980
80-
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Jim Stratton stated that he sold his house when it was zoned
"A-2" zoning. The sale fell through when the property was in an interim
"R-1" zoning. Now that the property is in "R 4" zoning the property has
been sold and the deed has been signed. He will lose the sale of the
property if this is reverted back to the "R-1" zoning.
Supervisor Wheeler stated that the people still toad the opportunity
to work on the permanent zoning within the next eight months. She asked
if Mr. Stratton could guaxantee that the people buying his property would
not turn it into professional offices.or a day cage center. She felt the
Planning Commission had to be able to make a decision.
Bill Smith stated that he was sorry that he did not attend
the hearing that had been scheduled. He felt they had covered all their
bases and was sure that Supervisor Wheeler could attest to that fact.
He asked that each of the supervisors go through the neighborhood and
see it, He felt that the Board had made a decision that benefitted a
few people. There is a great deal of interest within the area for "R-1"
zoning. Mr. Smith set out the vacancy factor in the area for commercial
properties.
Ms. Slover stated that this property had been on the market
for a reasonable time as residential property. There are letters
from realtors that the home cannot be sold for residential use.
Ms. Stratton stated that she would like for the Board members
to come to her home and sit in the living room. There would be no way
to hear because of the traffic noise.
Bill Lowers,stated that in 1962 the area was a quiet residential
neighborhood, 'The road has changed from a two-lane to a four-lane
road. There is a two-story apartment house at the back of his property.
He does not have the privacy that he had at one time. He .did not feel
that "R-1" zoning would justify the price for his property. Mr. Lowers
set out the commercial property across the street from his property.
Mr. Stratton stated that if the property were, placed back in
the interim "R-1" zoning he would lose the sale of his property.
The matter was continued to later in the meeting.
PUBLIC HEARING: BARRY AND LYNN ROCKWELL, ET AL - APPEAL OF SUBDIVISION
COMMITTEE'S VARIANCE FROM CERTAIN CUL-DE-SAC AND ROADWAY REQUIREMENTS.: FOR
A PORTION OF THE VALLEY VIEW SUBDIVISION, AP 34-27-116, NORTHEAST SIDE
OF OAKVALE AVENUE, 1,500 FEET SOUTHEAST OF HILLDALE, OROVILLE: AND
CLOSED HEARING: JAMES E. HARTMAN - APPEAL OF ADVISORY AGENCY'S APPROVAL
OF VALLEY VIEW TENTATIVE SUBDIVISION MAP, AP 34-27-116, 80 LOTS, NORTHEAST
SIDE OF OAKVALE AVENUE, 1,500 FEET SOUTHEAST OF HILLDALE, OROVILLE
The public hearing on Sarry and Lynn Rockwell, et al appeal of
Subdivision Committee`s variance from certain cul-de-sac and roadway
requirements for a portion of the Valley View Subdivision, AP 34-27-116,
northeast side of Oakvale Avenue, 1,500 feet southeast of Hildale, Oroville
was held as advertised.
561
Clay Castleberry, public works directox, set out the background
of the appeal. The street in question exceeds the 500 foot limit. The
Advisory Agency reviewed it and granted the exception to the length based
on topography.
Hearing open to the public. Appearing:
Page 333.
April 8, 1980
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April 8, 1980
- - 1. Paul Minasian,-representing appellants and a number^of -
landowners in the area. Mr. Minasian set out the problems he had with the
action taken. The variance from the cul-de-sac is required because of
the lack of two entrances and exits. It is further required because of
lot size. If the request was to the amount of lots and density under
the present zone as a maximum size this would not be needed. He did not
find reference in the EIR to the variance or modification of the culde-sac.
It is a significant impact in that it is different from normal requirements.
He did not feel the Board could grant a variance without the EIR. The
development is being put together like a house of cards by trying to use
density and traffic circulation not warranted. He felt this should be
sent back and conditions apply that there is a detrimental impact on the
surrounding properties.
2. Mike Glaze, Cook and Associates, project engineer. Mr.
Glaze did not feel that the project had been put together like a house
o£ cards. The exception was a procedural move that the Board chose to
make. Another alternative was that the Board could have granted the
exception. The EIR is based on the tentative map and is totally comprehensive
as to what is now proposed. What is submitted is a cul-de-sae longer than
allowed because the current practice is that when a tentative map is
submitted with physcial differences the Advisory Agency considers those
and they determine whether the tentative map is out of character.
The EIR speaks to the tentative map.
Hearing closed to the public and confined to the Board.
Supervisor Winston questioned Mr. Minasian regarding the lot
size of the project and the current zoning density allowable.
Mr. Minasian stated that the zone permits a large size lot. That
is what has been proposed by the adjoining property owners. There would
not be circulation problems.
On motion of Supervisor Winston, seconded by Supervisor Wheeler
and carried, on the basis of the hearing held by the Advisory Agency,
the appeal of the Advisory Agency from certain cul-de-sac and roadway
requirements for a portion of the Valley View Subdivision, AP 34-27-116,.
northeast side of Oakvale Avenue, 1,500 feet southeast of Hilldale, Oroville
was denied finding in accordance with the Advisory Agency's findings that
special circumstances or conditions of topography or size or shape or
location affecting the property, that it will not be detrimental to the
public welfare or injurious to other property in the territory in which
the property is situated, in that a permanent solution to drainage is
being required by the Department of Public Works and that a provision is
being made in the subdivision for future circulation. AYES: Supervisors
Moseley, Wheeler, Winston and Chairman Lemke. NOES: Supervisor Dolan
Supervisor Dolan stated that she could not support the motion.
She did not feel that full circulation could be provided because. the
adjoining property owners did not plan on dividing.
On motion of Supervisor Winston, seconded by Supervisor Wheeler
and carried, having reviewed and considered the final environmental impact,
the following findings were made:
(1) Development which occurs pursuant to project approval,
when viewed in connection with other probable future projects, may result
in significant cumulative effects on the environment in the areas of
traffic increases, stormwater runoff increases and costs of public services.
All other impacts 3isted are either insignificant or will be reduced to a
Page 334.
April 8, 1980
80-
April 8, 1980 _ _
Level of insignificance by mitigation measures attached as conditions of
project approval.
(2) Mitigation measures to reduce and in some cases eliminate
potential significant environmental effects will be included in the
conditions of project approval. These mitigation measures will reduce
potential imgacts in the areas of traffic safety and traffic flow, surface
drainage accommodation, mosquito breeding, leakage and safety in
connection with the Palermo Canal, aesthetics, wildlife, erosion, and
soil stability. Although these measures will reduce environmental problems,
as noted above, significant environmental effects will remain in the
areas of off-site traffic, off-site surface drainage and provision
of public services. The scope of these problems extend far beyond the
boundaries of this one development, and equity demands that the solution
be areawide is scope, with each development - past, present and future -
paying its fair share of the cost. Presently no mechanism for solving
areawide traffic and drainage problems has been set up, and until the
problems become acute, voter approval of a vehicle such as an assessment
district is unlikely. Residential developments historically in many
cases have not paid their way as far as provision of public services,
and this problem was compounded by passage of Proposition 13 of 1978.
A fair method of providing funds for services is needed, for this development
as well as others, past, present and future.
(3) Project alternatives are being rejected in favor of the
original proposal for the following reasons:
a. The "No project" alternative is being rejected because
it does not accomplish the project objectives, and the density standards
of the General Plan and zoning do not preclude a project of this density
at this location. (Refer to the "overriding consideration" below for
additional reasons why this alternative is being rejected.)
b. Division by parcel map is being rejected because it
could only occur through consecutive actions of a number of independent
developers, minimizing the likelihood of coordinated planning necessary
road and drainage improvements.
c. The "Planned Area Cluster Zone" alternative is being
rejected because all impacts related to population numbers would remain
the same, and the environmental benefits of greenbelts offer so little
advantage as to make the modification not worthwhile, particularly in
view of on-going maintenance and management responsibilities for the
greenbelt meas.
c. The "reduction of living units" alternative is being
rejected because with fewer lots, the cost of required urban improvements
(roads, utilities, drainage., curb, gutter and sidewalk, etc.) would increase
the cost per lot to the point where fewer persons would be able to afford
them, contributing to the difficulties experienced by low and middle
income families in finding parcels within their price range. Economics
of scale due to higher density would be diminished by density reductions.
d. Although there may be significant adverse environmental
effects resulting from the approval of this project, there are overriding
considerations which justify project approval. These overriding considerations
include (a) development in this area will help relieve pressure for
development of areas with prime agricultural soil. {b) The Butte County
General Plan projects continuing growth at between 2% and 3% per year,
and development of residential homesites is necessary to insure a continuing
adequate supply of homesites at reasonable cost to meet this need.
Page 335.
April 8, 1980
80-
_ _Apri18, 19_80 _ ______________
The General Plan further expresses a need .for a reasonable surplus of -
available development sites to avoid constriction of the market supply
and unnecessarily high land prices. Location of new development in
areas such as this which can be served by public water and sewer is
encouraged in the Plan. (c) The development as proposed is permitted
by the existing "A-R" zoning which has been in effect since 1957.
(5) The subdivision is in conformance with all elements of the
Butte County General Plan.
~. Having made the above findings, the project was approved subject
to the following conditions:
Mitigation Measures
1. Widen Oakvale Avenue along site frontage and construct left-turn
lane at subdivision entrance.
2. Provide for future straffic circulation to the north as shown on
tentative map.
Grade and pave a minimum of five (5) feet of the shoulder area o.
on the west side of Oakvale Avenue to form a pedestrian walkway
from the project intersection to the entrance to Ophir School,
Paint a standard crosswalk across Oakvale Avenue at project
entrance and install appropriate "Pedestrian Crossing" signs
each direction on Oakvale from crosswalk. Provide adequate
sight distance for traffic at the entrance to the subdivision.
4. Design the subdivision storm drain system to accamodate antici-
pated stormraater runoff, without using the Palermo Canal as a
runoff receptor.
5. Dispose of surface drainage to minimize standing water which would
induce mosquito breeding.
6. Improve and maintain the Palermo Canal (section through the site)
to eliminate leakage onto lower elevation property.
7, All utilities within the project site will be underground. Provide
drainage system for any underground vault to prevent mosquito
breeding.
8. Preserve existing .mature trees along portion of the westerly
subdivision boundary by easement or other effective means.
9. Provide a no development setback of 15 feet along watercourses
including the Palermo Canal. Provide drainage easements fox
significant natural watercourses. The location and width of
easement along Palermo Canal shall mast the requirements of
Oroville-Wyandotte Irrigation District.
10. Revegetate disturbed soil surfaces to prevent erosion and
siltation prior to winter storms. Use native plant species
to the maximum possible extent.
11. Avoid oversteepened slopes in construction and utilize proper
engineering practices to minimize the effects from road construction
and the development of building pads.
Page 336.
April 8, 1980
April 8, 1980
g0- 12. Complete roadway and building pad construction before the heavy
b precipitation period begins in December.
13. If Palermo Canal is not piped through the subdivision, provide
a minimum of 5-ft. high chainlink'fence adjacent to the Palermo
Canal where the ditch borders any lot of the subdivision.
Conditions of A
1. Provide a letter or other documentation fmm the Oroville-Wyandotte
Irrigation District stating that they are willing and able to
supply domestic water service to each parcel.
2. Provide a letter or other documentation from the North Burbank Public
Utility District stating that they are willing and a1h1e to supply
sewer service to each parcel.
3. Submit road and drainage plans to the Department of Public Works
for approval and install the required facilities.
4. Provide 20-f t. radius property line returns at all street inter-
sections.
5. Indicate a 50-f t. building setback line from the centerline of
Oakvale Avenue and all interior streets.
Street signs shall be provided by the developer at all street
intersections per County requirements. (Submit five alternate
street names for each street to the County address coordinator
for approval of street names.)
7. Construct full street section on main interior roads to RS-3B
geometric standard. Minimum structural section to be 2" AC and
8" AB, SC 250 prime and fog seal and 95% relative compaction.
Submit design to County Department of Public Works for approval.
"R" value determinations and other data may be required to support
section design.
8. Construct full street section and cul-de-sacs to RS-3C road standard
with 2" AC, 8" AB, SC 250 prime and fog seal. Widen Oakvale Avenue
and construct left-turn lane at subdivision entrance. Minimum
structural section to be 2" AC and 8" AB, SC 250 prime and fog
seal and 95% relative compaction. Submit design to County Depart-
ment of Public Works for approval. "R" value determinations and
other data may be required to support section design.
9. Street grades and other features shall comply with the Butte County
Ordinances, design resolution and other accepted engineering
standards.
10. Provide monumentation as required by the Department of Public
Works in accordance with accepted standards.
11. Provide permanent solution for drainage.
12. All easements of record to be shown on the final map.
13. Meet requirements of Butte County Fire Department or other
responsible agency.
Page 337.
April 8, 1980
80-
3
562
563
- _ _ _ _ _ _ _ - _ _ = April 8z 1980_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
14. Street lighting shall be provided in accordance with Butte .County
requirements, accepted design criteria, and recommendations, of PG&E.
15. Submit site development plan to Department of Public Works for
apgroval and construct or install the required facilities.
16. Provide one-foot no access strip along Oakvale Avenue and at
intersection of street "D" and northerly property line.
17. Pay off assessments.
18. Meet requirements of PG&E and Pacific Telephone Company.
AYES: Supervisors Moseley, Wheeler, Winston and Chairman Lemke
NOES: Supervisor Dolan
Supervisor Dolan stated that she did not agree with the elimination
of the mitigation measure. She felt the alternative for the project
was lower density. She. did not feel the overriding considerations were
significant.
RECESS: 12:09 p.m.
RECONVENE: 12:17 p.m.
ADOPT ORDINANCE 2094: INTERIM ORDINANCE AMENDING ORDINANCE 2086 RE:
LINDO MANOR SUBDIVISION INTERIM ZONING TO "R-lE'
Ms. Hains spoke in opposition to the interim "1t 4" zoning placed
on the exterior lots.
On motion of Supervisor Wheeler, seconded by Supervisor Moseley
and unanimously carried, Ordinance .2086 was amended on the Lindo Manor .
Subdivision from interim "R•~l" and interim "R--4" for the exterior four ••
lots to interim "R-1" for the entire subdivision as set out in the
original interim for the property for the period of eight months;
Ordinance 2094 was adopted and the Chairman authorized to sign.
COMMUNICATIONS
Rolls, Anderson and Rolls, Chico. The engineers, on behalf o£ Sergio •
Orestano and the Camino Real Subdivision, appeal the Advisory
Agency condition that each lot provide the minimum septic tank
leach field area exclusive of the setback, AP 44-37-06, 48 lots,
located between Burnap and Morseman Avenue on Eaton Road, Chico.
Set for hearing May 6, 1980 at 10:15 a.m.
Bachman & Associates, Chico. The engineers, on behalf of Floyd Reynolds,
AP 42-14-16, request postponement of a public hearing scheduled
for April 15, 1980 to consider their appeal of condition 6,
tentative parcel map. Administrative Office to write advising
applicant that the hearing has been published and will have
to be opened.
Petition - county service area - lighting. Citizens of the North Park
Subdivision between Eaton Road and Lassen Road, Chico, petition
the Board for a county service area for streetlighting. See
motion following communications.
Estelle A. Schleicher, attorney at law. The attorney, on behalf of
Nada J. Bray, files a claim in the amount of $190,200.50 for
alleged personal injuries occurring as a result of an automobile
accident at the intersection of The Skyway and Notre Dam Blvd
on December 24, 1979. No action. required; this does not involve
the county. Page 338.
April 8, 1980
80-
3
-_____-___= AQril8i1980=====_____= W =_____=
Ebert Millington, attorney at law. The attorney provides information
in the case of County of Butte vs. Donald and Corlene Tourte,
No. 70795. See discussion following communications.
T. (Bizz) Johnson, member of Congress. Congressman Johnson
provides information on Amtrak's Coastal Starlight train.
Information; no action taken.
atricea L. Dean, Anaheim. Ms. Dean, representing Western Manufactured
Housing Institute, provides information on manufactured housing..
Information; no action taken.
aradise Chamber of Commerce. J. Wayne Hall, representing the Paradise
Chamber of Commerce, requests permission to locate their business
Offices on county property in Paradise. See discussion following
communications.
ger :7. Lederer, Chico. Mr. Lederer writes expressing concern that
motorcycles are ruining the esthetics and utility of Lindo
Channel for recreational purposes. See motion following.
communications.
William A. Few, pastor, Bakersfield. Reverend Few writes
requesting support of SB 1827 which defines and limits pornography.
Information; no action taken.
atimer & Kenkel, attorneys at law. The attorneys, on behalf of Lori J.
Martin, file a claim in the amount of $500,000 as a result
of an automobile accident on January 1, 1980. See motion
. following communications.
564 REFER PETITION FROM CITIZENS OF NORTH PARK SUBDIVISION BETWEEN EATON ROAD
D LASSEN ROAD, CHICO RQUESTING FORMATION 6F COUNTY SERVICE AREA FOR
STREETLIGHTING TO LAFCo
On motion of Supervisor Wheeler, seconded by Supervisor Moseley
nd unanimously carried, the petition from the citizens of the North
ark Subdivision between Eaton Road and Lassen Road, Chico requesting
ormation of a county service area for streetlighting was referred to
FCo, with the findings that the the petitioners will be responsible
for fees.
565 ISCUSSION: CASE OF COUNTY OF BUTTE VS. DONALD AND CORLENE TOURTE,
0. 70795
Don Tourte stated that he would like to discuss the action
Bing taken by the Board against him.
Dan Blackstock, county counsel, stated that he had sent
e Board a letter before this case was filed setting out that this was
orage of inflammables and a facility for welding which would require
use permit under the "A-2" zoning. The Board directed that the suit
filed. Mr. Millington appeared before the Board asking that this
tter be settled without going to court. Mr. Blackstock stated that
s office has asked that Mr, Millington answer the suit. The only other
tion would be for the Board to take action for his office to dismiss
~e case. The neighbors have filed a petition requesting that the county
oceed with the suit.
Mr. Tourte stated that only one neighbor was involved. The
of the neighbors have no objection to his operation. He applied to
county for a building permit and obtained an occupancy permit from
state. He did not store inflammables. He has solvents and some
Page 339.
April. 8, 1980
80-
_Ap_ril 8, 1980
paint thinner for specific ,jobs. If he were using these products to
sell them, he could see having to obtain a use permit. The Planning
Department had told him that he did not need a use permit,
SUPERVISOR WINSTON ABSENT AT THIS TIME
Bettye Blair, planning director, stated that Mr. Tourte has
an auto repair and body shop. Throughout the county in the "A-2" zoning
as a matter of record a use permit is required. The important issue is
that the Board is talking about a zoning violation. Anyone else with
the same type of operation had been asked to apply for a use permit.
In subsequent conversations with the Planning Department staff, Mr. Tourte
was aware that a use permit was needed. When he had made inquiry, he
had said that the operation would be for auto repair. It does not always
include body shop.
No action taken at this time.
COUNSEL TO CONTACT PARADISE PARK AND RECREATION DEPARTMENT RE: THREE
WAY AGREEMENT FOR PARADISE CHAMBER OF COMMERCE USE OF COUNTY PROPERTY:
PARKING SITUATION REFERRED TO COUNSEL AND PUBLIC WORKS TO WORK OUT
SOLUTION
Discussion of the request by Paradise Chamber of Commerce to
locate their business offices on county property in Paradise held at this
time.
566
Chairman Lemke stated that the Chamber of Commerce was asking
permission to go before the Paradise Park and Recreation District to
obtain permission to place their business office on county property.
The district holds the property in custody for the county. The chamber
is asking for permission to place a mobile unit on the property.
Dan Blackstock, county counsel, stated that this could present
a problem. Tt could be use of gublic property far non-public purposes.
The county does fund the Chamber of Commerce on a contracting basis
in return for certain advertising work they do. The agreement could
be worked out for use of this property in return for certain advertising
by the chamber for a certain length of time.
Discussion of the parking groblem at the county property
in Paradise held at this time.
Wayne Hail ,stated that parking would not be a problem. During
the day there would probably be no more than two or three cars. The
biggest parking problem would be at night. This would not create a
problem for the county offices. He had observed that there are many
people who parkin the county area who go on bus rides and people who
work in the area. They have had the site checked by the county people
to make sure that they would be complying with county regulations.
County Counsel to contact Paradise Park and Recreation District
and give them the information on this matter.
Discussion of the parking problem and how to solve it held
at this time.
Clif Nickelson, administrative officer, suggested that the
Board adopt a standard ordinance which would prohibit parking in the.
area except for people coming in to visit the property. He did not
feel that setting a certain time limit would help the situation.
Page 3.40.
April 8, 1980
80-
April 8, 1980
The parking problem on the county property in Paradise was
referred to Counsel and Public Works to work out a solution.
INSTRUCT COUNSEL TO PREPARE ORDINANCE RESTRICTING USE OF MOTORCYCLES
ON LINDO CHANNEL
On motion of Supervisor Wheeler, seconded by Supervisor Dolan
and carried, Counsel was instructed to prepare an ordinance
for Board consideration restricting the use of motorcycles on Lindo
Channel for the portion not covered in the previous ordinance that was
adopted,
567
REJECT CLAIM - LORI J. MARTIN
On motion of Supervisor Wheeler, seconded by Supervisor Dolan
and carried, the claim of Lori J. Martin in the amount of
$500,000 as a result of an automobile accident on January 1, 1980 was
rejected and referred to Counsel and Risk Management Coordinator.
568
Chairman Lemke stated the Board had received a memo from
Ed Brown, assessor, regarding withdrawals from the Land Conservation
Act agreement and cancellation penalties. He would like to have the
Board allow a lien on the property in place of the penalty fee.
RECESS: 1:02 p.m.
RECONVENE: 2:I4 p.m.
SUPERVISOR WINSTON PRESENT AT THIS TIME
569
Dan Blackstock, county counsel, advised that the Board does
not allow recordation of a subdivision map without the penalty having been
paid. He was not aware that the penalty was not paid for the Isom and
Hall cancellation.
Referred to Counsel for a report back to the Board.
The Board received a memo from Ed Brown, assessor, regarding
the request for a transfer from office expenses to fixed assets in order
to purchase an IBM Selectric typewriter. Referred to Administrative
Office for a report back to the Beard.
Discussion of request by Assessor for car. Chairman Lemke
stated that Ed Brown had requested a car or a monthly allowance. He
has been unable to get a county car.
Clif Nickelson, administrative officer, set out the county
officials that have county cars. The Assessor has vehicles available
through his office.
Ed Brown, assessor, stated that he had been told he would get
a county car. He has county business all over the county. Mr. Brown
set out his reasons for wanting the car. The appraisal staff 3n his
office has access to the county vehicles assigned to his office. There
are times when these vehicles are not available for his use.
No action taken at this time.
Chairman Lemke advised that the Board had received letters from
Lassen County Clerk and San Benito as far as the contraetss for data
processing are concerned.
There is a letter and memo on the Veteran Service Officer
continuing services. The headquarters will be changed from Chico to Oroville.
Page 341.
April 8, 1980
80-
=_____-_____=Apri18, 1480__________________
The letter from Theresa Hyland in opposition to the "PA-C"
zoning in the Butte Creek Canyon was referred to the Planning Commission.
Copies of the NACo letter regarding payment of in-lieu taxes
to be made for the Board members.
EXECUTIVE SESSION: The Board recessed at 2:34 p.m. to hold an executive
session regarding litigation and meet and confer.
RECONVENE: The Board reconvened at 3:29 p.m. following an executive
session regarding litigation and meet and confer. No
announcements to be made at this time.
ADJOURNMENT
There being nothing further before the Board at this time,
the meeting was ad3ourned at 3:30 p.m. to reconvene on Tuesday, April 15,
1980 at 9:00 a.m.
ATTEST: CLARK A. NELSON, COUNTY CLERK-
RECORDER and ex-officio Clerk
o e B d of Supervisors
gy.:.
,~/
~~ ~/
C airman, Board of Supervisors
Page 342. April 8, 1980