HomeMy WebLinkAboutM052080May 20, 1980
STATE OF CALIFORNIA )
SS.
COUNTX OF BUTTE )
80- The Board of Supervisors met at 9:00 a.m. pursuant to adjournment.
b resent: Supervisors Dolan, Moseley, Wheeler, Winston and Chairman Lemke.
lif Mickelson, administrative officer; Dan Blackstock, county counsel;
nd Clark A. Nelson, county clerk-recorder, by Nancy Wilson, deputy clerk.
ledge of Allegiance to the Flag of the United States of America
avocation by SupervisorsMoseley
796 PPROVAL OF MINUTES
On motion of Supervisor Dolan, seconded by Supervisor Moseley
nd unanimously carried, the minutes of May 13, 1980 were approved as
ailed with the amendment to Minute Order 80-756 by rescinding the action
cheduling a public hearing on June 17, 1980 at 10:00 a.m.
On motion"of Supervisor Aolan, seconded by Supervisor Wheeler
nd unanimously carried, corrections to the following minutes:
1. Minutes of March 25, 1980, Minute Order 80-469 to read:
AU-5745-74-2 MY 746 (2); and
2. Minutes of April 29, 1980, Minute Order 80-675, item 1 to
effect: on abandoned Sacramento Northern right-of-way.
RECESS: The Board recessed at 9:08 a.m:b go into executive session regarding
Personnel matters concerning the lay off of Building Inspectors
and regarding litigation.
RECONVENE: The Board reconvened at 9:45 a.m. after holding an executive
session regarding Personnel matters concerning the lay off of
Building inspectors and litigation. No announcements were
made at this time regarding litigation.
797 ONCUA WITH PUBLTC WORKS DIRECTOR REGARDING LAY OFF NOTICES TO BUILDING
NSPECTORS
The clarification of the Board's concurrence with the lay off
f Building Tnspectors by the Public Works Department and the re-employment
f the laid off employees as funds and workload warrant was held at this
ime.
Bob Potter, business agent, Butte County Employees` Association,
as concerned about the notices in regards to Inspectors I and II. He stated
t has been the policy in the past to meet with BCEA. Before the Board
ook final action BCEA would like to meet with the department head and
nalyze the procedures and come back to the Board with a recommendation.
Chairman Lemke noted the reason for the executive session was
t the request of Supervisor Winston. Chairman Lemke has received several
elephone calls and notices from the individuals affected. Supervisor Winston
anted to make sure they were following the Personnel rules and that equal
fights were being applied.
Jim Rackerby, personnel director, set out the background on the
les and regulations regarding lay offs. They have management rights.
e lay off rules have been in force since 1976 and in several instances
ve been used such as garbage disposal, animal control and data processing.
pfoyees with the county for': longer period and satisfactory ratings and
es with less than satisfactory reports but for the same period are evaluated.
felt the lay offs were a management right and not subject to the appeal
ocess. It is not a disc£plinar~~action, it is due to lack of work.
Page 422.
May 20, 1980
May 20,_1980
80-
3
Ct is not a grievance matter. His recommendation is if it would be helpful
to BCEA to be instructed of the matter he could as a courtesy send a directive
to BCEA that a lay off is pending. To negotiate the lay off process is
impossible.
reasons.
Chairman Lemke noted the lay affs were due to fiscal budgetary
Mr. Rackerby stated this item was placed before the Board for
clarity. It is a management decision whether or not to lay off within the
T, TI, or-III positions.
Clay Castleberry, public works director, stated it would be
impossible to meet and confer on .these-procedures. They feel they have
made the right decision. He felt they should meet with Mr. Potter to
discuss this matter and assure him they have followed the proper procedures.
On motion of Supervisor Wheeler, seconded by Supervisor Dolan
and unanimously carried, the Board is in concurrence with the lay off of
Building Inspectors from the Public Works Department and •the re-employment
of the laid off employees as funds and woxkload warrants was authorized.
Supervisor Winston stated his main concern is thatfthe rules and
regulations set forth are followed right down to the letter.
CONTINUE TO JUNE 17, 1980 AT 10:15 A.M. - BUTTE COUNTY PLANNING COMMISSION
PROPOSED NEGATIVE DECLARATION AND AMENDMENT OF BUTTE COUNTY GENERAL PLAN,
HOUSING ELEMENT
The Butte County Planning Commission proposed negative declaration
and amendment of Butte County General Plan, Housing Element was held as
advertised.
798
Bettye Blair, planning director, stated she had talked with Mr.
Reynaga of HCD and he would like the hearing continued for three weeks.
Steve Streeter, environmental review department, set out the
background on the project. If there were additional comments on the con-
tinued date they would like time to respond.
Ms. Blair indicated there was legislation coming up, 4B 2320
and AB 853 which might alter this element.
Hearing open to the public. .Appearing: No one.
Hearing is continued to June 17, 1980 at 10:15 a.m.
Chairman Lemke noted several items of concern. One being on
page 29, prohibited should be changed to prohibitive. On page 68 and 78
the term "Priority consideration shall be given to those programs which
involve private industry participation." should be deleted. These items
should be amended.
PUBLIC HEARING: MRS. WILMA ROLLINS AND MR. & MRS. CLAUDE CLARK APPEAL
CONDITION 13 ON CERTIFICATE OF COMPLIANCE, AP 73-18-40,.LOCATED NEAR THE
CORNER OF FORBESTOWN ROAD AND NEW YORK FLAT ROAT1,_FORBESTOWN AREA
799
The public hearing on Mrs. Wilma Rollins and Mr. & Mrs. Claude
Clark appeal of condition 13 to provide a minimum of 30 feet of traversable
access to a county maintained road in compliance with the standards in
effect at the time of creation of the parcel on certificate of compliance,
AP 73-18-40, located near the corner of Forbestown Road and New York Flat
Road, Forbestown area was held as advertised.
Page 423.
May zo, 19so
80-
3
May 2a, 19so
Ciay Castleberry, public works director, set out the background of
this project.~:It is an appeal of a 30 foot right-of-way. The parcel was
bought 11 years ago.
Hearing open to the public. Appearing:
1. Collene Chapman, realtor. Ms. Chapman stated Mrs.. Rollins
was unable to sell the property. Tt is just a driveway to a single
residential parcel. Ms. Chapman displayed a map for the Board. An access
was granted in 1969 but was never recorded.
2. Mrs..Wilma Rollins, applicant. Mrs. Rollins'stated after
she had acquired the property Butte County notified the McKinnans they
must provide a 30 foot right-of-way to her property. She was not aware
of this until she visited the property. But the road was never recorded.
Hearing closed to the public and confined to the Board.
800
Bettye Blair, planning director, stated they have granted some
15 foot accesses when there was no possibility of further division and it
was stated that way. This is one acre and it has the square footage there.
They are working on changing the ordinance requirements at present.
On motion of Supervisor Winston, seconded by Supervisor Moseley
and unanimously carried, :. ;]1Krs. Wilma Rollins and Mr. & Mrs.
Claude Clark appeal of condition 13 to provide a minimum of 30 feet of
traversable access to a county maintained road in compliance with standards
in effect at the time of creation of the parcel on certificate of compliance,
AP 73-18-40, Forbestown area was upheld with no further division of property.
PUBLIC HEARING: ANTHONY SANTOS,-ET U% (GARY CORIA) PROI~OSED NEGATIVE
DECLARATION AND PETITION FOR CANCELLATION OF LAND CONSERVATION ACT AGREE-
MENT - CONTINUED OPEN HEARING TO JULY 22. 1980 AT 10:00 A.M.
The public hearing for Anthony Santos, et ux (Gary Coria) proposed
negative declaration and petition for cancellation of Land Conservation Act
Agreement was held as advertised.
Bettye Blair, planning director, stated the Board had copies of
the Land Conservation Act Committee findings. It is a request for removal
from the Williamson Act. Ms. Blair noted at the time of the request for
removal it was for 155 acres. -The Committee was concerned about the third
parcel. County Counsel advised them it would not be on parcel 31. This
parcel contains approximately 6 or 7 acres. It is open and grazing land.
Steve Streeter, environmental review department, indicated the
Board had a map where the subject property and the Isom-Hall property is
located. The Board had previously allowed Isom-Hall to withdraw. It is
in the "TM-~0" zone. They recommend a negative declaration.
Hearing open to-the public. Appearing: No one.
Dan Blackstock, county counsel, stated if the Board should be
inclined to be in favor of this petition, it should come back with the
entire thing. The six acres would not qualify under the grazing land.
Chairman Lemke read a memo from the Assistant Clerk to the Board
regarding a telephone call from Mr. Robert O`Neill.
The hearing was continued to July 22, 1980 at 10:00 a.m. to allow
the application to be resubmitted and go through the Land Conservation Act
Committee.
Page G24.
May 20, 1980
80-
a
801
May 20, 1980
RECESS: 10:40 a.m.
RECONVENE: 10:50 a.m. ,
SUPERVISOR WHEELER AND WINSTON ABSENT AT THIS TIME
ADOPT ORDINANCE: PUBLIC HEARING: IRENE LUND PARILER, DRAFT ENVIRONMENTAL
IMPACT REPORT AND REZONE FROM "A=5" (AGRICULTURAL - 5 ACRE PARCELS) TO
"A-10" (AGRICULTURAL - 10 ACRE PARCELS), PROPERTY SURROUNDING THE INTER-
SECTION OF AVACADO ROAD AND DUNSTONE DRIVE, AP 28-20-5, 7 AND 14 (PORTION),
NORTHWEST OF BANGOR
The public hearing on Irene Lund Parker draft environmental impact
report and rezone from "A-5" (agricultural - 5 acre parcels) to "A-10"
(agricultural - 10 acre parcels), property surrounding the intersection of
Avocado Road and Dunstone Drive, identified as AP 28-20-5, 7 and 14 (portion),
northwest of Bangor was held as advertised.
Steve Streeter, environmental review department, stated in Mr.
Nelson's memo to the Board he indicated the impact report had previously
been certified by the Board on November 6, 1979. Mr. Streeter set out
the background.
Chairman Lemke stated the Soard had copies of the Planning
Commision minutes and staff reports. It has been recommended for approval.
Hearing open to the public. Appearing: No ane.
Hearing closed to the Board and confined to the Board.
802
On motion of Supervisor Moseley, seconded by Supervisor Dolan
and carried, noting that the environmental impact report has previously
been certified and is in conformity with the General Plan, the rezone
from "A-5" (agricultural - 5 acre parcels) to "A-10" (agricultural - 10
acre parcels), property surrounding the intersection of Avocado Road and
Dunstone Drive was approved; Ordinance 2107 was adopted and the Chairman
authorized to sign.
AYES: Supervisors Dolan, Moseley and Chairman-Lemke
ABSENT: Supervisors Wheeler and Winston
PUBLIC HEARING: ANNETTE STRINGER APPEAL OF ADVISORY AGENCY CONDITION ON
TENTATIVE PARCEL MAP, AP 36-22-31, THREE LOTS, EAST STDE OF OROVILLE WYANDOTTE
ROAD, NORTH OF LOWER WYANDOTTE ROAD,,SOUTH OF OROVTLLE - CLOSED HEARING
CONTINUED TO JUNE 3, 1980 AT 11:15 A.M.
The public hearing on Annette Stringer appeal of Advisory Agency's
condition 11 (meet requirements of Butte County Fire Department) on a
tentative parcel map, AP 36-22-31, three lots, east side of Oroville
Wyandotte Road, north of Lower Wyandotte Road, south of Oroville was held
as advertised.
Bettye Blair, planning director, stated this is not a denied
project, it is an appeal as they did not want to conform or compromise
with condition ~kll.
.Dan Blackstock, county counsel,~stated in regards to a similar
action last week on fire hydrants he has been trying to meet with individuals
at TID and OWID to work out some kind of deposit and agreement. If they
are going to require fire protection or some ability into the subdivision,
they must have-some type of deposit and it must be worked out. They will
try to come up with conditions in the future that will be more workable.
Some of the officials have been out of town and he has not been able to
arrange a meeting. He would recommend continuing his hearing until after
the meeting and a report back -ram- to the Board from his office.
Page 425.
May 20, 1980
80-
3.
May, 20 z 1980 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
iUPERVISOR WHEELER AND WINSTON PRESENT AT THIS TIME
The hearing was open to the public. Appearing:
1. .Annette Stringer, Oroville. Mrs. Stringer noted all of the
conditions required previously have been met. Mrs .. Stringer presented a
letter to the Board from OWID noting the old line was to be abandoned and
the new line would not be ready for-two months.
Hearing closed to the public and confined to the Board.
Clay Castleberry, public works director, stated there was no master
plan for fire hydrants. The cost was based on.frontage, so many lineal feet.
That would be their share of the fire hydrant.
Supervisor Winston felt placing the burden of $2,200 was a little
unfair on the property owner. It would be more equitable to have a fire
vrotection district formed.
Mr. Blackstock stated the irrigation districts are unhappy about
assuming the role state wide of supplying water. .After you have the fire
plug it is the irrigation districts responsibility to maintain-them.
The hearing was continued to June 3, 1980 at 11:15 a.m.
803
804
805
APPEARANCE: ROY RONEY
Roy Roney, Chico. Mr. Roney read a statement concerning the Southern
Pacific Company refurbishing plant on Anita Road. He did not feel it was an
agriculture use. He felt they were in violation of the "A-40" zone. He had
called the Public Utilities Commission and Southern Pacific owns the property.
INSTRUCT COUNSEL TO FILE .INJUNCTION AGAINST SOUTHERN PACIFIC RAILROAD CAR
COMPANY - JAMES BROTHERS RE: ZONING VIOLATION
Chairman Lemke stated during the executive session held earlier
this matter regarding the Southern Pacific Railroad Car Company - 3ames
Brothers zoning violation was discussed.
On motion of Supervisor Dolan, seconded by Supervisor Wheeler
and unanimously carried, directed County Counsel to proceed with an injunctive
action for the alleged violation of the zoning ordinance.
PUBLIC HEARING: 1980-1983 HOUSING AND COMMUNITY DEVELOPMENT BLOCK GRANT
APPLICATION (CITIZENS PARTICIPATION)
The public hearing on 1980-1983 Housing and Community_Develppment
Block Grant Application (citizens participation) was held as advertised.
Ward Connerly, consultant for HCD, indicated todays hearing was for
comments on the performance of the program. July 7th is the deadline for
the grant application.
Hearing open to the public. .Appearing: No one
806
Hearin closed to the public,
No action taken at this time.
ADOPT ORDINANCE 2108 PUBLIC HEARING: CTiARLES W. AND SANDRA L. AVERY REZONE
FROM "A-R" (AGRICULTURAL RESIDENTIAL) TO "AR-MH" (AGRICULTURAL RESIDENTIAL -
MOBILE HOME),.PROPERTY LOCATED ON NORTH SIDE OF OAK KNOLL WAY (V-5),
AP 36-44-15 ANA 25,,OROVILLE
The public hearing on Charles W. and Sandra L. Avery rezone (item
not subject to environmental review) from "A-R" (agricultural residential)
to "AR MH" (agricultural residential - mobile homes), property located on
the north side of Oak Knoll Way-(V=5 Road), approximately 250. feet east of
gage 426.
May 20, 1980
80-
~'
Seacrest (V-F Road), identified as AP 36-44-15 and 25, Oroville was held as
advertised.
Bettye Blair, planning director, set out the background on the
project. Everything is in order.
Hearing open to the public. Appearing: No one.
Hearing closed to the public and confined to the Board.
807
808
809
810
On motion of Supervisor Winston, seconded by Supervisor Moseley
and unanimously carried, the rezone from "A-R" (agricultural residential)
to "AR-NIH" (agricultural residential - mobile homes), property located on
north side of Oak Knoll Way (V-5 Road), approximately 250 feet east of
Seacrest (V-F Road), AP 36-44-15 and 25, was approved; Ordinance 2108
was adopted and the Chairman authorized to sign.
ADOPT RESOLUTION 80-109 CLARIFYING MEMBERSHIP ON AGRICULTURAL ADVISORY
COMMISSION
On motion of Supervisor Dolan, seconded by Supervisor .Wheeler
and unanimously carried, Resolution 80-109 clarifying the membership on
the Agricultural Advisory Commission was adopted and the Chairman authorized
to sign.
ADOPT RESOLUTION 80-110 INCREASING.SHERIFF REVOLVING FET~iA_ACCOUNT
On motion of Supervisor Moseley, seconded by Supervisor Dolan
and unanimously carried, Resolution 80-110 increasing the Sheriff's revolving
fund account from $5,000 to $10,000 was adopted and the Chairman authorized
to sign.
AUTHORIZE: CHICO MUNICIPAL COURT REMODEL PURCHASE AND/OR INSTALLATION
OF REQUESTED ITEMS
On motion of Supervisor Wheeler, seconded by Supervisor Dolan
and unanimously carried, Chico Municipal Court remodel replacement of
air conditioning compressor, addition of auxiliary cooling unit and repair
to roof of Court building at a total cost of $13,030 was approved.. to
purchase and/or install subject items.
APPROVE BUDGET TRANSFERS
On motion of Supervisor Wheeler, seconded by Supervisor Dolan
and unanimously carried, the following budget transfers were approved:
B-172 - Supplemental Manpower Program - CETA Administration.
Establishes additional budgetary appropriations totalling $71,271 in order
to cover the cost of relocating to the new Administration Building and to
cover additional expenditures in conjunction with the computer purchase as
follows: communications, $2,000; office expense, $5,000; data processing
expense, $1,400; rents and leases - equipment, $500; rents and leases -
structures, $410; special department expense, $100; utilities, $1,700;
fixed assets, $59,261; and maintenance - structures, $900. Funding of the
transfer is from federal aid manpower programs.
8-173 - Treasurer-Tax Collector. Transfers $635 from the. reserve
to rents and leases of equipment to cover the cost of installation of the
central alarm system in the new Administration Building.
B-175 - Welfare Administration, Transfers $15,000 from employee
benefits with $9,500 going to office supplies, $500 to books and journals,
and $5,000 to__,postage. The purpose of this transfer is to cover the current
and projected budget deficiencies as a result of higher workload associated
costs.
Page 427.
May 20, 1980
May 20, 19x0
80-
B-7.76 - ,juvenile Hall. Transfers $5,000 from extra help and $1,000
from overtime within the juvenile hall budget with a total of $6.,000 going
to overtime within the AB 90 - CETA transition account. The purpose of the
transfer is to move the appropriation ;for overtime accumulated by counselors
partially funded through the AB 90 program from the general department to
the project level.
B-177 - Probation. Within the AB 90 - AB 3121 costs, transfers
$850 from regular salaries and wages with $50 going to overtime and $800 to
allocated costs received. Within the AB 90 - CETA transitition budget,
transfers $500 from regular salaries and wages to overtime. The purpose
of these transfers is to move appropriations from regular salaries to
overtime and allocated cost accounts not previously budgeted to cover
current and projected expenditures.
B-178 - Environmental Review. Transfers $500 from regular salaries
and wages to publications and legal notices to cover the budgetary deficiency
caused by a greater than expected number. of environmental impact reports
being processed.
B-180 - Public Works. Transfers $15,000 from the reserve for
contingencies road construction fund to the Cohasset Road and Rio Lindo
Avenue improvement project which was approved by the Board of Supervisors
on May b, 1980; Minute Order 80-729.
B-184 - Oroville 3ustice Court. Transfers $250 from office
expense to extra help to cover current and projected budgetary deficiencies
brought about by double court sessions and vacation leave.
$11
812
B-185 - Federal Revenue Sharine - Plant Acquisition. Transfers
$13,030 from unallocated miscellaneous expense to fixed assets - structures,
improvements and grounds at the Chico Municipal Court remodel project to
cover replacement of an air compressor, auxiliary air conditioner and roof
repairs.
B-186 - Public Works. Transfers $320,000 from the Table Mountain
Bridge project to the Chico River Road at M & T Canal project in order to
provide an appropriation to cover the awarding of the contract on May 1,
1980. Of the total, $315,000 is to cover the contract and $5,000 engineering.
CONTINUE` TO MAY 27, 1980 APPROVAL OF AGREEMENT FOR DISPOSITION OF BURBANK
Approval of an agreement for disposition of the Burbank School
site in south Oroville was continued to May 27, 1980 for the Board members
to study this matter further.
ACT - COMMUNITY ACTION AGEN
On motion of Supervisor Dolan, seconded by Supervisor idheeler-
and unanimously carried, the Rural Home Repair Program contract with Fresno
County Economic Opportunity Council in amount of $18,000 to provide health
and safety repairs to low income owned homes with housing specialist to assist
families in .preparation of loan applications was approved and the Chairman
authorized to sign.
813 APPROVE RELIEF FROM ACCOUNTABILITY THE COMMUNITY ACTION AGENCY AND APPROVED
On motion of Supervisor Moseley, seconded by Supervisor Wheeler
and unanimously carried, the Community Action Agency relief from account-
ability of an IBM typewriter and Realistic tape recorder which were stolen
February 15, 1980 was approved and the purchase of a replacement typewriter
was authorized.
Page 428.
May 20, 1980
-____~~~_ __M~~.za, 1980___________________
80- 814 SET PUBLIC HEARING DATE OF JUNE 10, 1980 AT 10:15 A.M. FOR HO RACE R. KIMBRELL
~ PETITION FOR VARIANCE TO SECTIONS 19-10 AND/OR 19-12 OF BUTTE COUNTY CODE
815
816
817
818
819
A public hearing .date of June 10, 1980-at 10:15 a.m. was set to
consider 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 72-08-010, 9164
Wyandotte-La Porte Road, Oroviile area.
APPROVE. ROBERT E. ADAMS RENEWAL OF VARIANCE TO SECTIONS. 19-10 AND/OR 19-12
OF THE BUTTE COUNTY CORE FOR PLACEMENT OF A MOBILE HOME. AP 27-15-18. OROVIL
On motion of Supervisor Moseley, seconded by Supervisor Wheeler
and unanimously carried, the variance renewal to Sections 19-10 and/ox 19-12
of the Butte County Code far placement of a mobile home on AP 27-15-18, 3565
Grubbs Road, Oroville area, zoning: "A-5" for Robert E. Adams was approved,
APP,RO\IE REI3EWAL OF VARIANCE_ - GRACE I. NICHOLS
On motion of Supervisor Wheeler, seconded by Supervisor Moseley
and unanimously carried, the variance renewal to Sections 19-10 and/or 19-12
of the Butte County Code for placement of a mobile home on AP 26-12-4-002,
7246 Hewitt Avenue, Palermo area, zoning: "A-2" for Grace I. Nichols was
approved.
APPROVE MATERNAL AND CHILD HEALTH CATEGORICAL ALLOTMENT CONTRACT - PUBLIC
(HEALTH
On motion of Supervisor Moseley, seconded by Supervisor Wheeler
and carr~.ed, the Maternal and Child Health Categorical Allotment contract
in the amount of $2,871 .to assist the County was approved and the Ghairman
authorized to sign.
AYES: Supervisors Dolan, Moseley, Wheeler and Chairman Lemke
NOES: Supervisor Winston
APPROVE TREASURER-TA% COLLECTOR ITEMS
On motion of Supervisor Wheeler, seconded by Supervisor Moseley
and unanimously carried, the following Treasurer-Tax Collector items were
approved:
1. Deny `claim for refund, Gus and Elsie Poether, AP 48-29-69.
2. Authorize request for penalty relief, Mary 5. Kimmons,
AP 65-44-001, AP b5-45-001 and AP b5-45-013.
PUBLIC HEARING: CHARLES E. HOFFMAN, ET AL APPEAL OF NEGATIVE DECLARATION
AND TENTATIVE PARCEL MAP AP 41-03-108 .PENTZ AREA
The public hearing on Charles E. Hoffman, et al appeal of the
Advisory Agency's denial of a proposed negative declaration and tentative
parcel map,_AP 41-03-108, two parcels, east side of Pentz-Magalia Highway
and north and south of old Pentz-Magalia Highway where they intersect to
the north, Pentz area was held as advertised.
Clay Castleberry, public works director, set out the background
on the project. There are two parcels which are divided by a road. The
General Plan does not allow far such a division.
Bettye Blair, planning director, stated the General Plan designation
was open and grazing which sets a minimum 40 acre size parcel. The Applicant
was notified when they presented subdivision map. They applied for a use
permit for a kennel. The General Plan Amendment was enacted after they
had applied.
Chairman Lemke had visited the site and described the area. They
are requesting a kennel and this is a good location. The second parcel is
Page 429.
May 20, 1980
_ _ _ _ _ -- - _ _ _ _ _ ~y 20, 1980 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
80- to be used as a boat storage.
b
Hearing open to the public. .Appearing:
1. Gary Lippincott,.Paradise. Mr..l.ippincott set out the back-
. ground of the application process. They applied in September 1979. The
General flan Amendment was approved in October. The applicants are trying
to get financing but must get the approval of the parcel map first.
2. Charles Hoffman, Paradise. Mr. Hoffman purchased the land
in order to establish a business. The proposed use would not change the
impact on the area. He has invested a considerable amount of money into
this project. The grazing rule was not in effect when they purchased the
property.
Dan Blackstock, county counsel, stated he felt if the Board
wished to approved the project it would be consistent with the General
Plan policies and programs. Basically they are not changing things.
3. Craig Noiv~ane Paradise. Mr.Norman stated they had checked
th the county prior to purchasing the property when they applied for a
e permit for the kennel. He has placed all of his money into this project.
Hearing closed to the public and confined to the Board.
On motion of Supervisor Winston, seconded by Supervisor Moseley
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 Winston, seconded by Supervisor Moseley
and unanimously carried, moved to uphold the appeal of Charles E. Hoffman,
et al, finding that the proposed project is in conformity with the General
Plan when it was adopted; the tentative parcel map, AP 41-03-108, two parcels,
east side of Pentz-Magalia Highway and north and south of old Pentz Magalia
Highway where they intersect to the north,.Pentz area was approved subject
to the following conditions:
1. Verify legal parcel.
2. .Provide two-way traversable access RS-B-LD-II to each parcel from a
county maintained road or state highway.
3. Show 50-ft building setback line measured from centerline of Miocene
Circle.
4. Provide road maintenance agreement.
5. Deed to the County of Butte 60 ft. right-of-way along Miocene Circle.
6. Indicate a 55-f t. building setback from the centerline of Pentz-Magalia
Highway.
7. Show all easements of record on the final map.
S. Pay off any assessments.
9. .Pay any delinquent taxes.
10. Provide a 100-ft. leachfield free area around existing wells within the
property or within 100 feet of the property boundaries.
Page 430.
May 20, 1980
80-
82 0
-_______--===May 20:1980=====______=______
11. Either-prove the availability of domestic water on Parcel 2 or place
the statement on the map that there is no evidence that domestic water
is available.
12. Shaw two (2) acres of useable sewage disposal area on each lot.
CLOSED HEARING: SERGIO ORESTANO APPEAL OF CONDITION 12 AND CONDITION THAT
EACH LOT PROVIDE THE MINIMUM SEPTIC TANK LEACHING AREA, AP 44•-37-06, 48
'LOTS, CHICO
The closed hearing for the Sergio Orestano appeal of condition 12
and condition that each lot provide the minimum spetic 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 continued:
Supervisor Wheeler indicated DeI Siemsen, Deputy County Counsel
had sent them a memo regarding this matter. She did not feel the property
owner should be required to complete this condition.
Clay Castleberry, public works director, indicated he did not
feel they should require this payback procedure. He felt they should
modify and compromise to reconstruct on their side and only overlay the
existing side. Do a half street section.
It was moved by Supervisor Wheeler, seconded by-Supervisor Dolan
. to uphold Mr. Orestano appeal of the Advisory Agency number 12 with.
Mr. Castleberry recommending half a section be overlayed.
Ellis Rolls, engineer, stated the motion was to uphold the appeal
but require the overlay as recommended by the Public Works Director on one
section of the road.
Supervisor Wheeler withdrew her motion at this time.
821
On motion of Supervisor Wheeler, seconded by Supervisor Winston
and unanimously carried, the appeal of Sergio Orestano requirement
of half street construction, overlay only be on the property owners side
of the street was upheld
Supervisor Wheeler stated she would watch this area very closely
as this area is growing very rapidly ' is very •aware- of the road and
paving of the area.
CLOSED HEARING RE: DEGREENTNG OF COMMUNITY ACTION AGENCY
The closed hearing for consideration of "degreening" of the
Community Action Agency was held at this time.
Chairman Lemke noted they had received numerous letters from
parents of the Oroville Head Start Program in favor of "degreening". There
was a petition from the Oroville Head Start and a petition from Gridley Head
Start.
Supervisor Winston questioned if the backup material he had
requested had been sent to him for review. .Others are concerned about
certain wastes and certain parts of E.O.C. There are some areas overlapping.
He had received several telephone calls with concerns of retaining control.
Clif Nickelson, administrative officer, noted the Board will have
imput from their members on committees. They will no longer have anything
to say at this level. They would have to get their own accountants and do
their own books. As an in-kind service he recommended they be allowed to
use the old hospital building services. The county would not be liable.
Page 431,
May 20, 1980
80-
____Ma 2a 19so ____
- - - o _ - _ - - - ~ L n - - _ _ _ - - ~ ... c =.
Jim McNaughton, executive director of Community Action Agency stated
the Board would have one-third of the appointments to the CSA Board.
Supervisor Winston felt this was another example of giving away
to an appointed official duties which an elected official has been given
the responsibility to handle.
There was a motion by Supervisor Dolan to adopt the resolution as
to "degreening" the Community Action Agency.
Motion dies for lack of a second.
On motion of Supervisor Dolan, seconded by Supervisor Moseley and
unanimously carried, Harriett Weir was appointed as the representative to
the Community Action Board, instead of as the alternate.
822 SET PUBLIC HEARING DATE
A public hearing date of June 10, 1980 at 10:30 a.m. was set for
consideration of Joe Escobar, Jr. proposed conditional negative declaration
and appeal of the Advisory Agency's denial of a tentative parcel map,
AP 73-14-03, two lots, east side of Oroville Forbestown E~oad at Weiss
Hill Road, Forbestown area.
823 APPROVE PUBLIC WORKS ITEMS -
On motion of Supervisor Moseley, seconded by Supervisor Wheeler
and unanimously carried, the following Public Works items were approved:
1. Approved Meadow Estates Unit No. 2 Subdivision final map;
accepted grant in fee right of way for West 11th Avenue; accepted easements
granted for light and air; accepted easement for public utility purposes
(including water, sewer, drainage, electric, gas and communications
facilities), for two lot subdivision located south of West 11th Avenue,
between Fern Avenue and Ho11y Avenue, AP 43-04-129, AP 43-054-18, AP 43-07-OS
and 05, Chico area; and the Chairman authorized to sign subdivision agreement.
2. Approved plans and specifications for Sacramento Avenue, Pro-
ect No. 54123-79-1; the Chairman and Director of Public Works were author-
zed to sign the plans; adopt the wage scale; and set bid opening for 11:00
.m. on June.12, 1980 in the Public Works Office.
3. Approved plans and specifications for bicycle pathway at
outhern Pacific Railroad, Project No. BP 7$-1; the Chairman and the
ublic Works Director authorized to sign; the wage scale was adopted; and
et the bid opening for 11:00 a.m. on June 12, 1980 in the Public Works Office.
4. Approved Contract change order No. 2, Skyway FAS Project No.
742(2) which provides for the method of measurement of the imported borrow
tem. No costs are involved and the Chairman authorized to sign.
5. Accepted the work of Robinson Construction for Colusa Highway,
roject No. 09161-79-1; authoxized the Chairman to sign notice o£ completion;
nd direct the Clerk to file said notice of completion with the Recorder.
6. Adopted Resolution 80-111 approving the supplemental Dayton Road
elocation (SPC 183.8) agreement and the Chairman authorized to sign.
The following public hearing dates were set:
82 4
1. A public hearing date of June 10, 1980 at 10:45 a.m. was set
consideration of R. A. Schott proposed negative declaration and rezone
Page 432.
May 20, 1980
80-
~'
82 5
826
827
828
_ _ _ _ _ _ _M_ay 20,_1980 _ _
prom "A-2 Ltd." toT"RT-1" {minimum density residential - mobile home),
property located on the north side of Indian Drive, approximately 900
Feet west of Skyway, identified as AP 66-51-1, Magalia.
2. A public hearing date of June L0, 1980 at 11:15 a.m, was
>et fox consideration of the Butte County Planning Commission rezone (item
~n which environmental impact report was certified) from "A-2" (general),
'A-5".(agricultural - 5 acre parcels), "SR-1" (suburban residential - 1 acre
parcels) and "A-R" (agricultural - residential) to "C-2" (general commercial),
'C-1" (light commercial), "SR-1" and "A-5", that property located along
iighway 32 from west of Muir Avenue to Lindo Channel, Chico.
REPORT TO THE BOARD RE: DENIED REZONES
1. Report to the Board regarding the denied draft environmental
impact report and general plan change for James Parr/Robert Terrill from
grazing and open land to agricultural residential on property zoned "TM-40"
(timber mountain - 40 acre parcels), located approximately 200 to 3,000
Feet east of Highway 32, identified as AP 63-O1-101 and 102, two miles
south of Forest Ranch.
2. .Report to the Board regarding the denied proposed negative
declaration and rezone for Richard Shipley from "F R-20" (foothill recreational -
?0 acre parcels) to "F R-5" (foothill recreational - 5 acre parcels), property
located south of Lumpkin Road and west of Ponderosa Way approximately two
Hiles northeast of the Enterprise Bridge between Oroville and Feather Falls,
identified as AP 71-19-30.
5ET PUBLIC HEARING DATE
A public hearing date of June L0, 1980 at 11:30 a.m. was set
for consideration of Richard Shipley proposed negative declaration and
rezone from "FR-20" (foothill recreational - 20 acre parcels) to "F R-5"
(foothill recreational - 5 acre parcels}, property located south of Lumpkin
Road and west of Ponderosa Way approximately two miles northeast of the
Enterprise Bridge between Oroville and Feather Falls, identified as
AP 71-19-30.
ADOPT ORDINANCE 2109 REPEALING ORDINANCE 1398 RE: ESTABLISHMENT OF USE
PERMIT PROCEDURE FOR ALLOWANCE OP HOMES DESCRIBED UNDER WELFARE AND
INSTITUTIONS CODE SECTION 5116
On motion of Supervisor Dolan, seconded by Supervisor Wheeler
and unanimously carried, Ordinance 2109 repealing Ordinance 1398 relating
to the establishment of a use permit procedure for the allowance of homes
described under Welfare and Institutions Code .Section 5116 was adopted
and the Chairman authorized to sign.
APPROVE JOINT POWERS AGREEMENT W1TH SACRAMENTO AIR POLLUTION CONTROL DISTRICT
On motion of Supervisor Wheeler, seconded by Supervisor Moseley
and unanimously carried, the Joint powers agreement with Sacramento Air
Pollution Control District was approved the Chairman authorized to sign
and propose amendments to other counties.
828 AMEND MINUTES OE MAY 13. 1980. MINUTE ORDER 80-791
Dan Blackstock, county counsel, stated he would like the minutes
of May 13, 1980, Minute Order 80-791 corrected, regarding the Harold Thompson
use permit and negative declaration, In the May 13, 1980 minutes only the
appeal was denied. The amended motion should refect the granting of the
use permit and the conditions.
On motion of Supervisor Moseley, seconded by Supervisor Dolan
and unanimously carried, the minutes of May 13, 1980, minute order 80-791
was amended to reflect the following:
Page 433.
May 20, 1980
-_-____-__== ray=2o,i9so=====____-.________=_
80- Finding that although the proposed project could have a significant
,y effect on the environment but will not in this case because the following
mitigation measures have been added to the project and a negative declaration
was recommended:
1. No access directly from Oro Dam Blvd.
2. All exterior lighting shall be shielded and directed to avoid distractions
to passing-motorists and adjacent residents. -
the-use permit to allow a mobile home sales lot in an "A-2" zone, AP 30-195-16,
northeast corner of 12th Street and Oro Dam Boulevard west, Oroville for
Harold Thompson, et al was approved finding that the proposed uses 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 and
general welfare of the persons residing or working in the neighborhood or
to the general health, welfare and safety of the county; subject to the
following conditions:
1. Construct vertical curb, gutter, sidewalk and widen Oro-Dam Blvd. to
32 ft. to face of curb (similar to RS-2A) which is:
The one-half street section consists of an 18-foot wide paved road,
with vertical curb (placed at 20 feet to face of curb), gutter, and
a 5-foot wide sidewalk. Minimum road structural section to be 2"
asphalt concrete, 8° class 2 aggregate base, fog seal, prime coat, and
95% relative compaction of subgrade. (Condition ~~'1 can be delayed 18
months~r until such time as highway is approved subject to reevaluation
in 18 months)
2. Construct vertical curb, gutter, sidewalk and widen 12th Street to
RS-2A road standard. (Condition d~2 can be delayed 18 months)
3. .Provide a permanent solution for drainage. (Condition 4~3 can be delayed
18 months)
4. .Submit construction and drainage-plans to Department of Public Works
and Caltrans for approval, obtain encroachment permits and install
the required facilities. (Condition ~~4 can be delayed 18 months)
5. Install a 6-inch fire hydrant on TID watermains at the 12th and Oro
Dam Blvd.. intersection. (Eondition ~~5 can be delayed 18 months)
6. No access directly from Oro Dam Blvd.
7. All exterior lighting shall be shielded and directed to avoid distractions
to passing motorists and adjacent residents.
Applicant must also: comply with-all other applicable State and local
statutes, ordinances and regulations.
830 APPOINTMENT TO THE CHILD HEALTH AND DISABILyTY PREVENTION PROGRAM ADVISORY
On motion of Supervisor Dolan, seconded by Supervisor Moseley
and unanimously carried, the appointments of Ms. Pat Warren and Ms. Ji11
Coates to the Child Health and Disability Prevention Program Advisory Board
were approved.
831 COMMUNICATIONS
Kate Archuleta, Feather Fa11s. Ms. Archuleta writes appealing the Subdivision
Violation Committee conditional certification of compliance to
provide a 60 foot access to property, AP 71-05-49 one mile south
of Sucker Run Road, off. of Lump in Road, Feather falls area. .Set
for hearing on June 17;'1980 at 10:00 a.m. .
Page 434.
May 20, 1980
80-
~.
_ - - _ _ _ _ _ _ =May 20, 1980 = _ - - _ _ _ = _ _ _ _ _ _ _ _ _ _ -
~harles 0. Storey, Chico. Mr. Storey writes requesting return of drainage
deposit for his parcel map on AP 44-41-26. .Referred to Public
Works and Auditor.
Degreening Connnunity Action Agency. Seventeen letters have been received
requesting that the Community Action Agency be released from the
control of the county. Held earlier in the meeting.
R. Moore, Magalia. Mrs. Moore writes concerning a neighborhood
problem on Oak Park Drive in Magalia. Referred to County Counselo
Biggs Volunteer Fire Companyo Russell Dover, assistant chief, writes in
follow-up to an earlier request for revenue sharing funds. To
be considered later and placed in budget file.
Supervisor Moseley presented a request for the Durham Bike Path
to be considered with other revenue sharing requests.
1as Johnson, Santa Gruz. Mr. Johnson writes forwarding information
concerning Assembly Bill 2947 and requests the Board to take
an action to support the legislation. Information; no action taken.
of Los Angeles. The Board of Supervisors writes asking that the
Board express its concern and opposition to Assembly Bill 2786
relating to the establishment of a state hazardous waste focility
sitting council. See motion following communications.
832
833
tote Department of Health Services. The department writes forwarding
information concerning the 1980 potential of mosquito-borne
encephalitis. Tnformation; no action taken.
eral Energy Regulatory Commission. The commission writes with regard to
the relicensing for the Rock Creek - Cresta Project No. 1962
located on the north fork of the Feather River and requests comments.
Information; no action taken.
hard C. Shipley, Paradise. Mr. Shipley writes appealing the Planning
Commission's denial of rezone on AP 71-19-30. Set for hearing
earlier in the meeting. June 10, 1980 at 11:30 a.m.
. Katharine Whitney, Chico. Mrs. Whitney writes concerning an outside
audit of Community Action Agency. Information; no action taken.
On motion of Supervisor Winston, seconded by Supervisor Wheeler
d unanimously carried, the Board expresses its concern and opposition to
sembly Bi11 2786 relating to establishment of a state hazardous waste
cility sitting council.
Chairman Lemke had a letter from Tom Wilson, Paradise, Area Art
ouncil Board requesting a letter of support be sent designating June as
Art Festival Month" in the Town of Paradise. A letter is to be sent.
Supervisor Wheeler requested Chat a letter be sent in support of
Citizens to Jerry Hughes, CARD.
.Supervisor Wheeler noted the Chico Visitors and Convention Bureau
d prepared a pamphlet "Chico Restaurant and Entertainment Guide" which
s beautifully '. done and would be useful to many individuals. The
amber was interested in having CSAC meet in Chico in the future.
Page 435.
May 20, 1980
_ _ _ _ _ _ _ _ _ _ _ = May 2 01 1_9 8_0 = _ _ _ _ _ _ _ - _ - - _ _ _ _ _ - _
80- The Board was informed there might be a request to hold an additional
v meeting on June 26, 1980 to consider a problem with the Sacramento Avenue
Assessment District which should be heard during this fiscal year.
ADJOIIRNMENT
There being nothing further before the Board at this time, the
meeting was adjourned at 12x43 p.m. to reconvene on Tuesday, May 27, 1980
at 9:00 a.mo
ATTEST: CLARK A. NELSON, COUNTX GLERK-
RECORDER and ex-officio Clerk
of the Board of Supervisors
By
Chairman, Board of Supervisors
Page 436.
May 20, 1980