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May 6, 1980
STATE OF CALIFORNIA )
SS.
COUNTY OF BUTTE )
80- The Board of Supervisors met at 9:00 a.m. pursuant to adjournment.
S Present: Supervisors Dolan, Moseley, Wheeler, Winston and Chairman Lemke.
Clif Nickelson, administrative officer; Dan Blackstock, county counsel; and
Clark A. Nelson, county clerk-recorder, by Nancy Wilson, deputy clerk.
Pledge of Allegiance to the Flag of the United States of America
Invocation by Supervisor Moseley
708 CONCOW SCHOOL EIGHTH GRADE STUDENTS VISIT
Eighth grade students from the Concow School were visitors in
the audience.
709 APPROVAL OF MINUTES
On motion of Supervisor Moseley, seconded by Supervisor Winston
and unanimously carried, the minutes of April 29, 1980 were approved as
mailed.
710 ADOPT.. ORDTNANCE 2102 SALARY ORDINANCE AMENDMENT
On motion of Supervisor Wheeler, seconded by Supervisor Winston
and unanimously carried, waived the second reading and. Ordinance 2102 a
salary ordinance amendment transferring Housing and Community Development
Program from Planning to Administration and eliminating one full-time
position was adopted and the Chairman authorized to sign.
711 UTHORIZE_ RENEWAL OF HEALTH INSURANCE RENEWAL - BLUE SHIELD AGREEMENT
On motion of Supervisor Wheeler, seconded by Supervisor Moseley
and unanimously carried, renewal of Blue Shield health insurance agreement
ith the increase in the local broker's service fee from .65% to 1% premium
for fiscal year 1981 was approved.
712 ETA CLERICAL TRATNING CONTRACT TAKEN OFF THE AGENDA
The CETA .clerical training agreement with Butte College was taken
off the agenda.
713. ~,PPROVE: CETA TITLE ITD MODIFICATION AND AUTHORIZED THE MANPOWER DIRECTOR
On motion of Supervisor Wheeler, seconded by Supervisor Dolan
d unanimously carried, the CETA Title IID modification to reprogram the
1,838 of Title IID money was approved and the Manpower Director was authorized
sign.
714 PPROVE:, CETA TITLE VI DEOBLIGATION
On motion of Supervisor Wheeler, seconded by Supervisor Winston
nd unanimously carried, the CETA Title VI deobligation money i,ndoiviiig the
iring.freese and carryover of $201, 786 modification approved and
he Manpower Director was authorized to sign.
715 UTHORIZE.. COUNTY CLERK TO SIGN HOLD HARMLESS AGREEMENTS
On motion of Supervisor Moseley, seconded by Supervisor Winston
nd unanimously carried, a hold harmless agreement for polling places on
lection day was approved and the County Clerk was authorized to sign.
716 PPROVE: LETTER GIVING CERTIFICATION OF POPULATION
On motion of Supervisor Winston, seconded by Supervisor Wheeler
nd unanimously carried, a letter requesting certification of its population
riot to May 23, 1980 of 141,200 was approved>
Page 391,
May 6, 1980
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May 6, 1980
80- 717 IAPPIiOVE NOWCASTING WEATHER SYSTEM AGREEMENT
b On motion of Supervisor Winston, seconded by Supervisor Moseley
and unanimously carried, the NOWCASTING WeaCher System Agreement in the
amount of $20,000 to purchase and install computer and scientific hardware
with the University Foundation of California State University, Chico was
approved and the Chairman authorized to signo
718 ADOPT RESOLUTION 80-94: WAIVE SECOND READING OF ORDINANCE ALLOWING APPROVAL
OR REJECTION OF CLAIMS BY THE AUDITOR ON BEHALF OF THE BOARD; ADOPT ORDINANCE
2103 On motion of Supervisor Wheeler, seconded by Supervisor Winston
and unanimously carried, the second reading of an ordinance repealing Butte
County Code Sections 2-77 through 2-86 relative to allowance of claims by
the Auditor was waived; Ordinance 2103 was adopted; Resolution 80-94 relative
to allowance to claims by the Auditor was adopted; aind the Chairman authorized
to sign said ordinance and resolution.
719 ADOPT RESOLUTION 80-95 - CHICO MUNICIPAL COURT IMPRESS FUND (CHANGE FUND)
On motion of Supervisor Moseley, seconded by Supervisor Wheeler
and unanimously carried, Resolution 80-95 increasing the impress fund
(change fund) within Chico Municipal Court from $50 to $150 was adopted
and the Chairman authorized to sign.
720 ADOPT RESOLUTION 80-96 AUTHORIZING SHERIFF AS PROJECT DIRECTOR ANA APPLX
FOR RAPE CRISIS INTERVENTION GRANT
On motion of Supervisor Wheeler, seconded by Supervisor Dolan
and unanimously carried, Resolution 80-96 authorizing the Sheriff as project
director to sign grant application was adopted; contract with Rape Crisis
Intervention was approved; and the Chairman authorized to sign resolution
and contract.
721 APPROVE BUDGET TRANSFERS
On motion of Supervisor Wheeler, seconded by Supervisor Dolan
and unanimously carried, the following budget transfers were approved:
B-158 - _Community Action Procram - California Census Proiect.
Increases the appropriation for travel in the amount of $1,500 with revenue
coming from federal aid - Employment Development Department - State 0E0 as
part of contract amendment No. I to the California Census Project.
B-159 - Bi~cs Justice Court. Transfers $26,650 from the reserve
with $700 going toward overtime, $1,000 to office expense, $250 to trans-
portation and travel and $700 to jury and witness expense in order to cover
current and projected budgetary deficiencies.
B-161 - Sheriff-Coroner. Transfers $7,000 from professional and .
specialized services within the incarceration budget, with $4,000 going to
overtime within the incarceration budget and $3,000 to extra help within
the investigation bureau budget. The purpose of this transfer is to cover
current and projected deficiencies brought about by heavier than anticipated
court schedules and clerical costs.
5 162 - Sheriff-Coroner. Within the administration budget trans-
fers $1,000 from maintenance of equipment to office expense. Within the
patrol division increases the appropriation for clothing and personal
supplies, $2,000 and office expense, $1,000 with funding coming from revenue
sharing miscellaneous projects - miscellaneous expense. The purpose of these
increased appropriations is to cover current and projected budgetary
deficiencies for the balance of the fiscal year.
B-163 - Administration - HCD 701 Evaluation Pram. .Establishes
budgetary appropriation for the HCD 701 Evaluation Grant as approved by
Page 392.
May 6,.1980
80-
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the Department of Housing and Community Development covering the period
April 1, 1980 to August 30, 1980. Total amount of the transfer is $16,417
as follows: extra help, $9,500; employee benefits, $231; data processing
services, $1,186; and matching in-kind contributions, $5,500. Source of
funding is from federal aid in the amount of $10,971 and in-kind contrib-
utions, $5,500.
8-164 - Public Works - En ineerin and Administration. Transfers
$110 from professional and specialized services to fixed assets - equipment
in order to increase the appropriation to cover the cost for the purchase
of a tape drive for a desk calculator which was approved in the budget.
APPROVE PUBLIC WORKS BUDGET TRANSFERS
On motion of Supervisor Dolan, seconded by Supervisor Moseley
and unanimously carried, a transfer of $3,575 from the reserve for cont-
ingency to buildings and maintenance for an emergency septic tank at
Paradise Memorial Hall was approved.
72 2
SET PUBLIC HEARING DATE FOR SACRAMENTO ASSESSMENT DISTRICT
Set a public hearing date of May 13, 1980 at 7,1:15 a.m. for
consideration of a proposed negative declaration on Sacramento Avenue
Assessment District No. 1, west of Chico.
72 3
SET PUBLIC HEARING DATES -- 1980-81 HOUSING AND COMMUNITY DEVELOPMENT BLOCK
GRANT APPLICATION, CITIZENS_TARTICIPATION
Public hearing dates were set for the 1980-81 Housing and
Community Development Block Grant application, citizens participation for
May 20, 1980 at 11:00 a.m., June 3, 1980 at 10:00 a.m. and June 24, 1980
at 10:00 a.m.
72 4
APPROVE COMMUNITY ACTION AGENCY ITEMS
On motion of Supervisor Moseley, seconded by Supervisor Dolan
and unanimously carried, the following Community Action Agency items were
approved:
72 5
1. Rural Senior Services-Project contract amendment extending
the program from June 30 to September 30, 1980, increasing the grant award
from $65,182 to $86,909 and the Chairman authorized to sign.
2. .Successor in interest agreement and assignment with delegation
of duties to transfer-Rural Senior Services Project from County of Butte to
Area Agency on Aging - University Founc~tion;-effective May _1; 1980 and the
Chairman authorized to sign.
On motion of Supervisor Winston, seconded by Supervisor Wheeler
and unanimously carried, the request of Midvalley Title and Escrow Company
for refund of documentary transfer tax on recorded warranty deed for Stafac,
Inc. to Shell Oil Company was denied.
72 b
On motion of Supervisor Winston, seconded by Supervisor Dolan and
unanimously carried, the following Treasurer-Tax Collector items were ~ .
approved:
72 7
1. Authorized penalty relief for Gibralter Savings and Loan
ssociation, Account• No. 939-44-0-055,
2. Denied penalty relief for Edgar and Arloween Barney,
45-37-1-009-9.
Page 3930
May 6, 1980
May 6, 1980 ------------=------
80_ - 3. Denied penalty relief for Deborah A. Anderson, AP 51-15-1-37.
b
4. Denied claim for George and Carolee Glusco, AP 28-33-0-040-0.
728 AWARD OF BID ON ORD FERRY ROAD AND CHICO RIVER ROAD PRU;I~c;'1' Nu. 4GV/i-/o-~
Clay Castleberry set out the background on the Ord Ferry Road
and Chico-River Road, Project No. 42071-76-2 bid. The bid was less than
the estimate. Mr. Castleberry requested the Board award the contract.
He will be reducing his staff by nine. There are two more bids. They
are holding them until after opening those for the Oroville bridge.
On motion of Supervisor. Dolan, seconded by Supervisor Wheeler
and unanimously carried, the bid for the Ord Ferry .Road and Ghico River Road,
0~0~515,32f~,42071-76-2 was awarded_to Butte Creek Rock Company.,in the amount,
729
730
Clay Castleberry, public works director, set out the background
on the report to the Board concerning an interim improvement project at
Cohasset Road and Rio Lindo Avenue intersection at this time. The interim
praject would cost $15,000 to modify the intersection by providing a left-
turn lane on Cohasset Road turning into Rio Lindo Avenue by shifting painted
centerline four feet and widen pavement four to six feet from 400 feet west
of Rio Lindo Avenue to Mangrove Avenue.
On motion of Supervisor Wheeler, seconded by Supervisor Dolan
and unanimously carried, the interim improvement project at Cohasset Road
and Rio Lindo.Avenue intersection was approved with a cost of $15,000.
On motion of Supervisor Moseley, seconded by Supervisor Wheeler
and unanimously carried, the following were appointed to the County Commission
on Law Enforcement:
Nancy Kepner, Dayton area.
Donald Rystrom, Richvale area.
Supervisor Winston requested to be a member of the Commission.
meetings will be held in the Board of Supervisors' Room during the evenings.
731 REFERRED TO COUNTY COUNSEL FOR DESGRIPTION OF HISTORICAL INTEREST TOWN SITE
There was discussion held at this time regarding the historical
t town site of Cherokee and the adjoining Spring Valley Mine.
Biil Spruance, attorney. Mr. Spruance stated the owners of the
pring Valley Mine were interested in there being a map or legal description
esignating the local site and a designation of land uses in the area.
Referred to County Counsel for map or a legal description.
732 OMMUNICATIONS
ina Canfield, Chico. Ms. Canfield writes appealing the decision of the
Subdivision Violation Committee condition requiring a 60 foot
easement to a county maintained road or state highway, AP 71-16-23,
property located 1,400 feet sou theast of Lumpkin Road .and Craig
Access Road intersection, east of Oroville. Hearing set for
June 3, 1980 at 10:15 a.m.
ls, Anderson .and Rolls, Chico. The engineers, on behalf of Sergio Orestano,
write forwarding information relative to the public hearing
scheduled for 10:15 a.m. To be handled later in the meeting.
Page 394.
May 6, 1980
80-
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May 6, 1980
Paul R. Minasian, attorney at law. The attorney, on behalf of Peter D. and
Patricia Peterson (Peterson Ranch), writes forwarding information
with regard to the Meridian-Munjar area master drainage plan
project, appeals the negative declaration concerning environ-
mental impact and questions the adequacy of the environmental
impact report in regard to the Mud Creek master drainage plan.
Information; to be considered at May 27, 1980 hearing.
Thermalito Irrigation District. The district writes requesting that
consideration be given to releasing the accumulated funds within
the district boundaries for installation of fire hydrants.
See motion following communications.
atolls, Anderson and Rolls, Chico. The engineers write forwarding information
concerning the scheduling of a public meeting in Chico May 8,
1980 with regard to the proposed North Chico Trunk Sewer
Assessment District. Information; no action taken.
Elizabeth Durham Joseph, Sacramento. Mrs. Joseph writes thanking the
Board for its action in declaring the Durham Oemetery as a
Pioneer Memorial Park. Tnformation; no action taken.
Radulovich Corporation,,Pa1o Alto. The corgoration, on behalf of Peterson
Tractor Comgany, writes forwarding a claim for refund of excess
property taxes paid for 197$-79 unsecured for assessment
#09-000014-00. Referred to Auditor.
Senator Robert Presley. Senator Presley writes asking that the county's
master land use planning and zoning deliberations now and in
coming years be given consideration in setting aside land for
mobile home parks. Referred to Planning Department.
State Air Resources Board. The board writes forwarding information concern-
ing the redesignation of certain lands from class II to class I
under the Prevention of Significant Deterioration (PSD) section
of the Clean Air Act. Information; no action taken.
nt of Housing and Urban Development. The department writes advising
that Jennifer Vargas-Carroll will be the new HUD representative
assigned to the Butte County area. Information; no action taken.
les ai. Hoffman, et a1.,,Paradise. Mr. Hoffman writes appealing the
denied lot split on AP 41-03-108. Set for public hearing on
May 20, 1980 at 11:30 a.m.
733 (APPROVE RELEASING ACCUMULATED FUNDS WITHIN THE DISTRICT BOUNDARIES FOR
On motion of Supervisor Moseley, seconded by Supervisor Winston
d unanimously carried, the releasing of accumulated funds within the
ermalito Irrigation District boundaries for installation of fire hydrants
s approved.
734 GSUPPORT OF SENSENBRENI~ER-VOLRMER AMENDMENT TO HUD COURT - ZONING DECISION
On motion of Supervisor Winston, seconded by Supervisor Moseley
and unanimously carried, this Board goes on record supporting an amendment
by Representatives Volkmer and 5ensenbrenner to eliminate the HUD court
and the HUD zoning decision review.
A letter is to be drafted and sent to Congressman Wydler and Mottl.
Page 395.
May 6, 1980
80- 735
736
737
738
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COUNTY COUNSEL TO PROCEED WITH SUIT AGAINST IRAN
On motion of Supervisor Winston, seconded by Supervisor Wheeler
and unanimously carried, County Counsel was instructed_to proceed-with a Iaw
suit against the Iranians to collect funds which were previously used to
pay a hospital bill.
ADDITIONAL MATTERS BY BOARD
Supervisor Wheeler announced the traffic signal lights would
begin blinking today at Pillsbury and East Avenue and Cohasset Roads.
RECESS: 9:48 a.m.
RECONVENE: 10:05 a.m.
SUPERVISOR WINSTON ABSENT AT THIS TIME
ADOPT RESOLUTION 80-97, 8D-98 AND 80-99 PUBLIC HEARINGS: ABANDONMENTS IN
PARADISE PINES AREA
The following public hearings were held as advertised:
1. Gerald Geist, abandonment of public utilities easement,
Lots 34, 37, 39, 40 and 41 of Paradise Pines Unit No. 15.
2. H..W. McCall, abandonment of public, utilities easement and
recreational easement for Unit 5, Paradise Pines, Lots 85, 86, 106, 107,
108, 109, 110 and 111.
3. Al Pelletier, abandonment of public utilities easement and
recreational easement, Lot 306, Unit 4, Paradise Pines Country Club.
Bettye Blair, planning director, stated all applications were
in order.
Hearings open to the public. Appearing: No one
Hearings closed to the public and confined to the Board.
On motion of Supervisor Wheeler, seconded by Supervisor Moseley
and carried, the fallawing resolutions were adopted and the Chairman
authorized to sign:
1, Resolution 80-97 abandoning the public utilities easement,
Lots 34, 37, 39, 40 and 41 of Paradise Pines Unit No. 15 for Gerald Geist
was approved;
2. .Resolution 80-98 abandoning the public utilities easement and
recreational easement for Unit 5, Paradise Pines, Lots 85, 86, 106, 107, 108,
109, 110 and 111 for H. W. McCall was approved;
3. .Resolution 80-99 abandoning the public utilities easement and
recreational easement, Lot 306, Unit 4, Paradise Pines Country Club for Al
Pelletier was approved.
SUPERVISOR WINSTON PRESENT AT THIS TIME
PUBLIC HEARING: DOROTHY HARRIS,.PETITION FOR VARIANCE TO SECTIONS 19-10 ANA/OR
19-12 OF THE BUTTE COUNTY CODE FOR PLACEMENT_OF__A MOBILE HOME
The public hearing for Dorothy Harris petition for variance to
Sections 19-10 and/or 19-12 of the Butte County Code for placement of a mobile
home on AP 36-2-2-22, 4400 Lower Wyandotte, Oroville area; .zoning: "AR-MH"
was held as advertised.
Page 396.
May 6, 1980
May 6, 1980
80-- Lynn Vanhart, environmental health director, set out the background
$ on the petition. .Everything is in order.
Hearing open to-the public. Appearing: No one.
Hearing closed to the public and confined to the Board.
On motion of Supervisor Winston, seconded by Supervisor Moseley
and unanimously carried, the petition for variance to Sections 19-10 and/or
19-12 of the Butte County Code for placement of a mobile home on AP 36-2-2-22,
4400 Lower Wyandotte, Oroville area; zoning: "AR-MH" for Dorothy Harris
was approved for a period of one year.
739 PUBLIC HEARING: CONTINUED - CONSIDERATION OF "DEGREENING" OF THE COMMUNITY
ACTION AGENCY
The public hearing for consideration of "degreening" of the
Community Action Agency was held as advertised.
Supervisor Winston stated he had received a telephone call from
Dorothy Paradis expressing opposition to the "degreening"•.
Hearing open to the public. Appearing:
1. Phyliss Wyman, representing the Indians of the area and the
Berry Creek Rancherar, Ms. Wyman was concerned how this would effect the
Indians and the programs that they now have.
.7im McNaughton, Community Action Agency executive direetar„
stated they hold annual public hearings for needs assessments. On current
projects they would receive the money and follow through. He set out the
methods that could be used.
2. Frank Meyers, Palermo. Mr. Meyers spoke in opposition to
the "degreening". He felt it was an over staffed welfare office. He felt
too much of the cost was spent on administration.
Hearing closed to the public and confined to the Board.
Supervisor Winston stated he would like this itEm continued
before making a final decision. He would like a recap of advantages and
disadvantages of "degreening". He would like the Administrative Officers
comments in writing.
The closed hearing was continued for two to three weeks.
740 PUBLIC HEARING: CONTINUED TO MAY 20, 1980 AT 11:45 A.M. SERGIO ORESTANO
APPEAL OF CONDITIONS ON AP 44-37-06, 48 LOTS, SOUTH SIDE OF EATON ROAD,
BETWEEN MORSEMAN AVENUE AND BURNAP ROAD CHICO
The Sergio.Orestano agpeal of Advisory Agency's condition 12 and
the condition that each lot provide the minimum septic tank leaching area
required by the ordinance, exclusive of the front setback area, AP 44-37-06,
48 lots, south side of Eaton Road, between Norseman Avenue and Burnap Road,
Chico was held as advertised.
Chairman Lemke noted the R.~11s,.Anderson and Ro11s, letter
under communications on todays agenda. They also received another letter
and piece of information from Supervisor Wheeler on this matter.
Clay Castleberry, public works director, set out the conditions
being appealed. Staff recommends a narrow 12 foot frontage be improved.
It could be required with the condition that the County ask the developer
Page 397.
May 6, 1980
80-
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.___-___==--=May 6,=1980 ___________________
to complete the work and when it is developed further that developer will be
required to reimburse the original developer.
Del Siemsen, deputy county counsel, stated there were some
provisions in the Map Act. He would like to research the matter and bring
it back to the Board.:- _
Lynn Vanhart, environmental health director, was concerned about
the limited area for leach lines. If the area was further developed they
could not gain access to the back. The present requirements were brought
about by an ordinance through Water Quality Control Board.
Supervisor Wheeler questioned Mr. Vanhart about his memo on
this matter. In the memo Mr. Vanhart had indicated his predecessor was
more liberal. Supervisor Wheeler felt the design before them was being
used as the total use of the land. She felt they were asking too much.
She felt this should be considered when the committee meets..
Mr. Vanhart felt his decision was the interpretation of the
ordinance. The ordinance was written to give them .leeway.
Hearing .opened to the public. Appearing:
1. Ellis Rolls, representing applicant. Mr. Ro11s felt the
ground conditions and gerk were good. They did not feel it would cause
a problem.
Hearing closed to the public and confined to the Board.
741
Mr. Siemsen set out the exception and read from Section 20-4.
He stated if they denied the appeal of condition 12 and the County could
not solve the appeal they could come back and appeal again. If they file
,the map and record it then the appeal is dead. He could not record the
map.
On motion of Supervisor Wheeler, seconded by Supervisor Mosaley
and unanimously carried, the appeal .of Sergio Orestano on condition
that each lot provide the minimum spetic tank leaching: area required by-
ordinance, exclusive of the front setback area, AP 44-37-06, 48 lots,
south side of Eaton Road, was upheld and the condition 12 deleted.
-Report back from County Counsel on condition 12 continued to
May 20, 1980 at 11:45 a.m. The time extr:nsion was approved by Mr. Rolls.
ADOPT ORDINANCE 2104 PUBLIC HEARING: WILLIAM BURCH PROPOSED NEGATIVE
DECLARATION AND REZONE FROM "AR-5" (AGRICULTURAL RESIDENTIAL - 5ACRE-
PARCELS) TO "TM-5" (TIMBER MOUNxAIN - 5 ACRE PARCELS), AP 63-18-2, FOREST RAN
The public hearing on William Burch proposed negative declaration
and rezone from "AR-5" (agricultural residential - 5 acre parcels) to "TM-5"
(timber mountain - 5 acre parcels) property located on the east side of State
Highway 32 at Fitzgerald Drive, AP 63:18-2 (portion)., Forest Ranch was held
as advertised.
Bettye Blair, planning director, stated everything was in order.
Earl ].Nelson, environmental review director, stated they could
use a conditional negative declaration or a negative declaration.
Hearing open to the public. Appearing:
1. William Burch, Forest Ranch. Mr. Burch stated this is the
second part of a project. The-."~ti-5" zone is consistent with a promise to
Page 398.
May 6, 1980
80-
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May 6, 1980
^the adjoining property owners.
Hearing closed to the public and confined to the Board.
On motion of Supervisor Wheeler, seconded by Supervisor Moseley
and unanimously carried, finding that although the proposed project could
have a significant effect on the environment, there will not be a signif-
icant effect in this case because the mitigation measure described below
has been added to the project and a negative declaration was recommended:
1. Secure streambed Alteration Permit from State Department of Fish and
Game for any alteration of the stream course or crossing to provide
access to tike "TM-5" area.
On motion of Supervisor"Wheeler, seconded by Supervisor Moseley
and unanimously carried, the rezone from "AR-5" (agricultural residential -
5 acre parcels) to "TM-5" (timber mountain - 5 acre parcels), property
located on the east. side of State Highway 32 at Fitzgerald Drive, identified
as AP 63-18-2 (portion), Forest Ranch was .approved; noting the project is
in conformance with the General Plan and the Planning Commission recomm-
endation; Ordinance 2104 was adopted and the Chairman authorized to sign.
74"2
ADOPT ORDINANCE 2105: PUBLIC HEARING: JACK GOODMAN PROPOSED NEGATIVE
DECLARATION AND REZONE FROM "A-2" (GENERAL) TO "C-2" (GENERAL COMMERCIAL)
THAT PROPERTY LOCATED ON THE NORTHWEST CORNER OF MANGROVE AVENUE AND
9TH STREET, AP 45-034-21. CHICO
The public hearing on Jack Goodman proposed negative declaration
and rezone from "A-2" (general) to "C-2" (genera 1, commercial) that property
located on the northwest corner of Mangrove Avenue and 9th Street, identified
as AP 45-034-21, Chico was held as advertised.
Bettye Blair, planning director, set out the background of
the rezone. Everything is in order.
Earl Nelson, entii.ronmental review director, recommended a
negative declaration.
Hearing open to the public. Appearing: No one.
Hearing closed to the public and confined to the Board.
743
On motion of Supervisor Wheeler, seconded by Supervisor Bolan
and unanimously carried, finding that the proposed project could not have
a significant effect on the environment, a negative declaration was
recommended.
On motion of Supervisor Wheeler, seconded'by Supervisor Moseley_
and unanimously carried, the rezone from "A-2" (general) to "C-2" (general
commercial) that property located on the northwest corner of Mangrove
Avenue and 9th Street, identified as AP 45-034-21, Chico was approved;
noting the project is in conformity with the General Plan and the majority
of the Planning Commission; Ordinance 2105 was adopted and the Chairman
authorized to sign.
ADOPT ORDINANGE 2106: PUBLIC HEARING: JAMES T. CLANTON REZONE FROM "C-1"
(LIGHT COMMERCIAL) AND "A-R" (AGRICULTURAL RESIDENTIAL) TO "M-1" (LIGHT
INDUSTRIAL)THAT PROPERTY LOCATED ON THE SOUTHEAST CORNER OF LINCOLN BOUL-
EVARD AND OPHIR ROAD AP 36-27-50."AND 51 _OROViLLE .
The public hearing on James T. Clanton rezone from "C-1" (light
commercial) and "A-R" (agricultural residential) to "M-1" (light industrial)
that property located on the southeast corner of Zincoln Boulevard and Ophir
Page 399.
.May 6, 1980
SO-
gR 33 2May 6, 1980
Item'on w~iic~lnegative aeclara~iondhas'been previouslyecertifievdertised.
Bettye Blair, planning director, set out the background on the
rezone. .Everything is in order.
comments.
Earl Nelson, environmental review,.director, had no additional
Hearing open to the public. Appearing:
1. Elsie Lackie, Lincoln Boulevard, Oroville. Mrs. Lackie
was concerned about the adjoining property.
Ms. Blair indicated on the map where the property was located.
Mrs. Lackie was advised this project was a different area. She
was further advised the drainage was not in an area-where the county was
responsible. Mr. Castleberry will meet with Mrs.. Lackie to discuss the
problem.
Hearing closed to the public and confined to the Board.
On motion of Supervisor Winston, seconded by Supervisor Moseley
and unanimously carried, the rezone from "C-1" (light commercial) and "A-R"
(agricultural residential) to "M-1° (light industrial) that property located
on the southeast corner of Lincoln Boulevard and Ophir Road, identified as
AP 36-27-50 and 51, Oroville was approved; finding that it is adjacent to
similar zoning and that the property zone change is in conformity with the
General Plan and further finding that the Planning Commission approved
the project by a unanimous vote; Ardinance 2106 was adopted and the
Chairman authorized to sign.
RECESS: 11:10 a.m.
RECONVENE: 11:23 a.m.
PUBLIC HEARING: T. C. HUNT APPEAL OF ADVISORY AGENCY'S DENIAL OF PROPOSED
NEGATIVE DECLARATION AND TENTATIVE PARCEL MAP, AP 58-21-76 (PORTION), TWO
PARCELS, EAST SIDE OF BTG BEND ROAD SOUTH OF HIGHWAY 70 WHERE IT INTERSECTS
WITH PULGA ROAD, YANKEE HILL AREA
The public hearing on T.-C. Hunt appeal of Advisory Agency's
denial of proposed negative declaration and tentative parcel map, AP 58-21-76
(portion), two parcels, east side of Big Bend Road "south of Highway 70 where
it intersects with Pulga Road, Yankee Hi11 area was held as advertised.
648
Clay Castleberry, public works director, stated the appeal:
concern the negative declaration and items other than Public Works. He
referred the hearing to Planning and Fire Department.
Bettye Blair, planning director, set out the background on the
appeal. The proposed subdivision does not conform with the criteria of
the General Plan for adequancy of fire protection.
Earl Nelson, environmental review director, stated they recommended
a negative declaration.
Hearing open to the public. Appearing:
1. Gordon Shields, Paradise. Mr. Shields stated they have no
problem with the environmental report. Tt is the fire department criteria.
There is adequate water storage in the area.
Hearing closed to tt~e public and confined to-the Board.
age 400.
May 6, 1980
80-
May 6, 1980
On motion of Supervisor Winston, seconded by Supervisor Wheeler
and unanimously carried, finding that the proposed project could not have
a significant effect on the environment, a negative declaration was
recommended.
On motion of Supervisor Winston, seconded by Supervisor Wheeler
and carried, the appeal of T. C. Hunt of Advisory Agency's denial be upheld;
finding that in the interpretation of the General Plan as to lack of fire
protection it is not consistent with the Land Use Element subject to the
below listed conditions:
1. Provide two-way traversable access RS-8-LD-II to each parcel from a
county maintained road or state highway.
2. Indicate a 50-ft. building setback from the centerline of Pu1ga Road
and Big Bend Road.
3. Show all easements of record on the final map.
4. Provide permanent solution for drainage.
5. .Pay off any assessments.
6. Obtain encroachment permit for any new driveways.
7. .Pay any delinquent taxes.
8. ,Show existing and proposed wells with 100 feet leachfieldfree area
around each well site. If proposed well site setbacks infringe upon
neighboring properties, obtain easements from neighboring property
owners.
9. Prove water.
l0. Show required sewage disposal -area on each parcel.
AYES:. Supervisors Moseley, Wheeler, Winston and Chairman Lemke
NOES: Supervisor Dolan
649
PUBLIC HEARING: ROBERT JOHNSTON APPEAL OF ADVISORY AGENCY'S DENIAL OF
PROPOSED NEGATIVE DECLARATION AND TENTATIVE PARCEL MAP, AP 63-O1-100, 4
PARCELS, NORTHWEST QUARTER OF SECTION 16, T23N, R3E; 1/4.MTLE EAST OF
DOE MILL ROAD AT A POINT 1/2 MILE SOUTH OF DOE MILL ROAD AND SCHOTT
ROAD INTERSECTION
The public hearing of Robert Johnson appeal of the Advisory
Agency's denial of proposed negative declaration and tentative parcel map,
AP 63-01-100, 4 parcels, northwest quarter of Section 16, T23N, R3E; 1/4
mile east of Doe Mill Road at a point 1/2 mile south of Doe Mill Road and
Schott Road intersection was held as advertised.
Bettye Blair, planning director, stated it was the same findings
as the previous hearing and the same discussion.
Hearing open to the public. .Appearing:
1. Gordon Shields, Paradise. Mr. Shields indicated this project
was a little further away. He was in favor of the project.
Hearing closed to the public and confined to the Board.
Page 401.
May 6, 1980
80-
a
. _ - - _ _ _ _ - _ _ _ =Ma?6-~ 1980 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Ori.-motion of Supervisor Wheeler,~seconded by Supervisor Winston
and unanimously carried, finding that the proposed project could not have
a significant effect on the environment, a negative declaration is recommended.
On motion of Supervisor Wheeler, seconded by Supervisor Moseley
and carried, the appeal of Robert Johnston denial of the tentative parcel
map, AP 63-01-1D0, 4 parcels, northwest quarter of Section 16, T23N, R3E;
1/4 mile east of Doe Mill Road at a point 1/2 mile south of Doe Mill Road
and Schott Road intersection indicates that the property parcel map is .in
conformance with the General Plan and refers~o interpretation of the General
Plan to the fire responses was upheld subject to the below listed conditions:
1. Verify legal access.
2. Provide two-way traversable access RS-B-LD-I to each parcel from a
county maintained road or state highway.
3. Access to be reserved in deeds as per County -0rdinance and offered for
dedication on the final map.
4. Show 50-ft. building setback line measured from centerline of access
easement.
5. Provide road maintenance agreement.
6. Show all easements of recoxd on the final map.
7. Provide street name signs per requirements of the Department of Public
Works prior to recordation of the final map.
8. .Pay off any assessments.
9. Provide cul-de-sac at the end of the street.
10. Pay any delinquent taxes.
11. Meet the requirements of the Butte County Fire Department.
I2. Provide a 100-ft. leachfield free area around existing wells either
within the property or within 100 feet of the property boundaries.
13. Show a 50-ft. leachfield setback from>the drainageway on Parcels 1, Z,
3 and 4. ~,~ _ .
1,14. Either-prove the availability of domestic water or place the statement
on the map that there is no evidence that domestic water is available.
AYES: Supervisors Moseley, Wheeler, Winston and Chairman Lemke
NOES: Supervisor Dolan
ADDITIONAL MATTERS BY BOARD MEMBERS
Chairmam>hemke stated he had received complaints about some of
the County forms in regards to ethnic designation. The forms need to be
standardized.
650
Chairman Lemke stated the address coordinator should keep the
local area print shops informed as to the effective dates of changes of
addresses.
Page 402.
May 6, 1980
May s, 19so
80- Supervisor Wheeler stated she would like PG&E to make an energy
~ audit for the County and she and Supervisor Dolan would come back with a
report,
Chairman Lemke stated he had received two letters from individuals
in Paradise and would like them referred to the Zoning Investigator. .Letter
from Mrs. L. B. Smith and Mrs. and Mrs- Edwin Jones et al.
E%ECUTI'VE SESSION: The Board recessed at 11:44 a.m. to hold an executive
session regarding meet and confer and litigation.
RECONVENE: The Board reconvened at 12:20 p.m. following an executive
session regarding meet and confer and litigation. No announce-
ments were made at this time.
ADJOURNMENT
There being nothing fuxther before the Board at this time, the
meeting was adjourned at 12:21 p.m. to reconvene on Tuesday, May 13, 1980
at 9:00 a.m.
ATTEST: CLARK A. NELSON, COUNTY CLERK-
RECORDER and ex-officio Clerk
of the Board of Supervisors
Chairman, Board o Supervisors
By
Page 403.
May 6, 1980