HomeMy WebLinkAboutM060678June b, 1978
STATE OF CALIFORNIA )
SS.
COUNTY OF BUTTE }
The Board of Supervisors met at 9:00 a.m. pursuant to adjournment.
Present: Supervisors Lemke, Madigan, Maseley, Richter and Chairman Winston.
Clif Nickelson, administrative officer; Dan Blackstock, county counsel; and
Clark A, Nelson, county clerk by Cathy Pitts, deputy clerk.
Pledge of Allegiance to the Flag of the United States of America
Invocation by Supervisor Moseley
78-1057 APPROVAL OF MINUTES
', On motion of Supervisor Richter, seconded by Supervisor Moseley
and unanimously carried, the minutes of May 30, 1978 were approved as
mailed.
78-1058 ANNOUNCEMENT BY CHAIRMAN WINSTON
Chairman Winston announced that on June 7, 1978 at 4:00 p,m.
in the Board of Supervisors Room he will hold a press conference with
staff present should Proposition 13 pass outlining what could happen
in Butte county.
78-1059 COMMUNICATIONS
Mr. and Mrso Jack Eo Lowe, et al, Oraville. Nr, and Mrs, Lowe forward a
list of 50 residents who are in apposition to the Solano Railcar
rezoning which is set for public hearing on June 20> To be placed
', in the file for the hearingo
Hanford and Darleen Underwood, Forest Ranch. Mr. and Mrs. Underwood appeal
the Advisory Agency`s condition ~~ll relating to the requirements
of a 60 foot right-nf-way, four lots, AP 56-24-25, southeast quarter
of the southeast quarter of Section 32, Township 24, north range 3
east, Forest Ranch area. Referred back to the Advisory Agency
with the statement that the Board would be in favor of a 40 foot
right-of-way providing no further divisions are made on the property.
Feather River Recreation and Park District. The District submits a request
for $30,000 of revenue sharing funding for roofing and aluminum
siding to the Oroville Municipal Auditorium. Referred to the
Revenue Sharing Committee,
George M. Houghton, Paradise, Mr, Houghton sends a letter taking issue with
County Counsel's proposal that litigation be brought against
Proposition 13. Mr. Houghton questions payment of dues to County
Counsel's association if this is what they support. Discussed;
no action taken. Tt was felt that all department heads should report
to the Board on meetings,c that they attend.
Aaron S, Yersy, Chico. Nr. Yerzy writes requesting information concerning
time and motion studies of various county positions< Tt is the
position of the Board that any citizen can view any operation as long
as it does not interfer with the employees work.
Joseph Polgar, Paradise, Mr. Polgar writes concerning a boundary line
problem he is experiencing in Paradise, This is a civil matter
and beyond the province of the Board,
Area 2 Developmental Disabilities Board. The Board writes concerning
clarification of their comments to the Access California Grant
proposal. Information.
Page 482.
June 6, 1978
June 6, 1978
Paradise Community Council. The Council writes in support of the activities
of the Paradise Municipal Advisory Council (MAC). Information.
County of Los Angeles. The Los Angeles County Board of Supervisors writes
concerning the rollback in residential property assessments at
the 1977 level. Information.
State Department of Transportation. The Department forwards information
concerning .the replacement of. the Gianelli Bridge across the
Sacramento River~on Highway 32. Information.
78-1060 AWARD OF BID - IMPRINTER/DETACHER
On motion of Supervisor Moseley, seconded by Supervisor Richter
and unanimously carried, the bid for the imprinter/detacher in the amoim.t
of $5,550.16 including sales tax was awarded to Standard Register Company.
78-1061 APPROVE PURCHASE - SOUND/SLIDE PROJECTOR
On motion of Supervisor Richter, seconded by Supervisor Lemke
and unanimously carried, the purchase of a sound/slide projector at an
estimated cost of $575 for the Health Department was approved,
7$-1062 ADOPT RESOLUTIONS OF INTENTION TO SELL SURPLUS PROPERTY AND SETTING
BTD OPENING FOR JULY 11 1978 AT 11:00 A.M.
On motion of Supervisor Lemkerseconded by..Supervisor Richter
and unanimously carried, tine following resolutions of intention to sell
surplus property and setting the bid opening for July 11, 1978 at 11:00 a.m.
were adopted and the Chairman Authorized to sign:
1. Resolution 78-103, sale of surplus property Control No. 7,
containing 1.28 acres located at the intersection of Kuse1 and Ophir
Road, Oroville at a minimum price of $3,800,
2. Resolution 78-104, sale of surplus property Control No. 8,
containing .981 acres at the intersection of Baggett-Palermo and Ophir
Road (north side), Oroville at a minimum price of $2,100,
3. Resolution 78-105, sale of surplus property Control No, 9,
containing 1.043 acres located at the intersection of Baggett-Palermo
and Ophir Road (south side), Oroville at a minimum price of $3,200.
4o Resolution 78-106, sale of surplus property Gontrol No. 10,
containing ,599 acres located at the intersection of Ophir Road and
Baggett-Marysville Road, Oroville at a minimum price of $800.
78-1Ob3 APPROVE AMENDMENT TO CONTRACT WITH FEATHER FALLS VOLUNTEERS AS
PART OF DISTRICT ALLOCATION PROGRAM
On motion of Supervisor Lemke, seconded by Supervisor Madigan
and unanimously carried', the amendment to the contract with Feather
Falls Volunteers as part of the District Allocation Program to permit
purchase of hose nozzels, ladders, walkie talkies, spine board straps,
blankets, file cabinets and miscellaneous fire items was approved and
the Auditor authorized to process the purchase order.
78-1Ob4 APPROVE REALLOCATION OF FUNDS - GRIDLEY VOLUNTEERS AS PART OF
AISTRICT ALLOCATION PROGRAM
On motion of Supervisor Moseley, seconded by Supervisor Richter
and unanimously carried, the reallocation of funds previously authorized
to replumb the tanker and install front brakes along with an additional
,.$1,600 from the District 4 program to recondition the tanker for the
Gridley Volunteers was approved,
Page 483.
June 6, 1978
', June 6, 1978
78-1065 APPROVE CONTRACT CHANGE ORDER N0. II - ADMINISTRATION BUILDING
On motion of Supervisor Richter, seconded by Supervisor Madigan
and unanimously carried, Contract Change Order Noo ll to provide a
construction contract time extension of nine {g) calendar days due to
rain and poor site conditions in April for the Administration Building
was approved and the Chairman authorized to sign.
78-1066 AWARD CONTRACT - ADMINISTRATION BUILDING CONSTRUCTION - PHASE II
SECOND STORY ADDITION: AUTHORIZE ISSUANCE OF NOTICE TO PROCEED: APPROPRIATE
REVENUE SHARING FUNDS AS PER REPORT FOR CONTRACT AND ARCHITECTURAL SERVICES
On motion of Supervisor Richter, seconded by Supervisor Moseley
and carried, the contract for the Administration Building construction,
Phase II second story addition was awarded to Robert G. Fisher Company
in the amount of $847,700; issuance of notice to proceed was authorized;
the Chairman was authorized to sign contract; revenue sharing funds as
per .report for contract and architectural services were appropriated,
AYES:' Supervisors Madigan, Moseley, Richter and Chairman Winston.
NOES: Supervisor Lemke
78-1067 APPROVE CONTRACT WITH NIcFARREN/TARMAN ARCHITECTS FOR SCHEMATIC
DESIGN STUDIES FOR CHICO ANIMAL SHELTER
On motion of Supervisor Richter, seconded by Supervisor Madigan
and unanimously carried, the contract with McFarren/Taxman, Architects
in the amount of $1,500 to have schematic design studies and estimates
prepared for the Chico Animal Shelter was approved and the Chairman
authorized to sign,
78-1068 APPROVE PAYMENT OF BILLS FROM ADVANCED ROOFING COMPANY FOR REROOFING
OF MAIN ENTRANCE AND THE FARMERS HALL RESTROOMS ON THE GROUNDS OF THE
', BUTTE COUNTY FAIR
', On motion of Supervisor Moseley, seconded by Supervisor Lemke
and unanimously carried, payment of bills totaling $2,432 from Advanced
Roofing Company for the reroofing of the main entrance-and the Farmers
Hall restrooms on the gourds of the Butte County Fair was approved the
fair was authorized to submit them to the state for payment.
78-1069 APPROVE BUDGET TRANSFERS
On motion of Supervisor Lemke, seconded by Supervisor Richter
and unanimously carried, the following budget transfers were approved:
B-215 Buildings and Grounds Maintenance, Transfers $4,000 from
major maintenance to household expense in order to cover existing
deficiencies and to provide an appropriation for the remainder of the
fiscal year. This transfer voids and replaces B-215 which was approved
by the Board of Supervisors on May 30, 1978.
B-220 Baaxd of Suoervisorso Transfers $3,687.80 from tkze reserve
to professional and specialized services in order to cover the cost of
services provided by the Municipal Code Corporation for preparation of
updates to the Butte County Code for which no funds were budgeted in
1977-78,
B-221 Buildings and Grounds Maintenance, Transfers $3,150 from
major maintenance, with $150 going toward office expense and $3,000 to
transportation and travel in order to cover deficiencies and anticipated
expenditures for the balance of the fiscal year,
B-222 Juvenile Hall. Transfers $900 from the reserve to house-
hold expense in order to cover current and projected deficiencies brought
about by an increase in the cost of supplieso
B-223 Paradise Judicial District. Transfers $127.24 from out-of-
county travel to extra help and transfers $3,400 from the reserve, with
Page 484,
June 6, 1978
June 6, 1978
$200 going toward jury and witness expense, $2,000 to office expense,
and $1,200 to professional and specialized services in order to cover
current and projected deficiencies.
B-224 Environmental Review. Transfers $1,000 from the reserve
to professional and specialized services to cover current and projected
deficiencies caused by an increase in the workload for regular staff
requiring the contracting with outside consultants for initial study
work.
B-225 Health Services Agency. Within Public Health General
Services transfers $1,250 from medical and dental supplies, with $250
going toward special department expense and $1,000 to household expense.
Within Environmental Health transfers $500 from maintenance of equipment
to office expense. Within Mental Health General Services transfers
$2,000 from salaries and wages to overtime, $300 from household expense
to maintenance of equipment, and $2,000 from salaries and wages and
$1,000 from maintenance of structures, with $3,700 going toward regular
transportation and travel. Within Mental Health/DCRC transfers $200
from medical and dental supplies to maintenance of equipment. All the
above transfers are to cover unanticipated increase by transferring
appropriations from various line items within the same budget units.
78-1070 APPROVE. LETTER PROTESTING PROPOSED CHANGE IN REMITTING SOCIAL SECURITY
CONTRIBUTIONS ON A MONTHLY BASIS RATHER THAN ON A QUARTERLY BASIS
On motion of Supervisor Lemke, seconded by Supervisor Richter
and unanimously carried, a letter protesting proposed change in remitting
Social Security contributions on a monthly basis rather than on a quarterly
basis was approved to be sent to Senators Cranston and Hayakawa; Congressman
Johnson; Senator Johnson; and Assemblyman Chappie and Statham and the
Chairman authorized to sign.
78-1071 ADOPT RESOLUTION 78-107: RESOLUTION AUTHORiZIrIG TAX-COLLECTOR TO
DESTROY PUBLIC RECORDS, DOCUMENTS, INSTRUMENTS, BOOKS AND PAPERS IN
HIS CUSTODY PURSUANT TO GOVERNMENT CODE SECTION 26205.1
On motion of Supervisor Lemke, seconded by Supervisor Madigan
and unanimously carried, Resolution 78-107 authorizing the Tax-Collector
to destroy public records, documents, instruments, books and papers in
his custody pursuant to Government Code Section 26205.1 was adopted and
the Chairman authorized to sign.
78-1072 APPROVE TREASURER - TAX COLLECTOR ITEMS
On motion of Supervisor Lemke, seconded by Supervisor Madigan
and unanimously carried, the following actioh was takem
1. Approved penalty relief for Debra M, Vilha, AP 58-16-100.
2. Denied penalty relief for Henry ~achow, AP 22-22-10.
3. Denied penalty relief for Interpacific Properties, Inc.,
AP 36-25-18, AP 36-53-01, AP 25-24-75, AP 25-24-09 and AP 25-24-54.
4. Denied penalty relief for In.terp'ac:fic~ Properfies, Inc,,
AP 40-02-02, AP 40-02-I19, AP 46-36-68, AP 46-36-14, AP 46-36-21~ and
AP 46-36-09.
5. Denied penalty relief for James T. Kennamer, account
No. 06-6212F2-00.
6. Denied penalty relief for Christine C. Roster, AP 40-37-09.
7. Denied penalty relief for Valdis Zarins, AP 05-08-5-07.
Page 485.
June 6, 1978
June 6, 1978
78-1073 APPROV,S PUBLIC WORKS ITEMS
On motion of Supervisor Lemke seconded by Supervisor Madigan
and unanimously carried, the following Public Works items were approved:
1. Accepted the curb, gutter, sidewalk and drainage facilities
on Elliott Road, Contract No. 58431-78-1; authorized Chairman to sign
Notice of Completion and the Clerk was instructed to record said Notice
of Completion with the Recorder.
2, Approved Roma Sean McClain Johnson final subdivision map;
south side of Humbug Road, 1,500 feet east of the Skyway, Chico, three
lots; accepted the Skyway and Humbug Road as shown on the map and offered
for dedication and granted in fee.
3. Authorized payment of engineering work which
has been completed for Sacramento Avenue Assessment District to date.
78-1074 ADDTTTONAL MATTERS PRESENTED BX PUBLIC WORKS
Clay Castleberry, public works director, stated that the
federal and state has approved the Skyway EIR, It was delivered to the
State clearing house for a 30 to 40 day wait.
Avenue.
Mr. Castleberry reported on the amount of mud found on Nelson
Mr. Castleberry to get together with Supervisor Richter and
Madigan to meet with the Chico City Council regarding public transportation.
78-1075 PUBLIC HEARING DATES SET
The following public hearing dates were set:
1, A public hearing date of June 27, 1978 at 10:15 aom. was
set for Butte Creek Canyon Zoning Committee -draft environmental impact
report and rezone from "A-2" (general) and "S-H" (scenic highway) to
"FR-5", "FR-10", "FR-20", "FR-40" and "FR-160" (foothill recreational
five, ten, twenty, forty and one hundred and sixty acre parcels) property
located in the Butte Creek Canyon from Skyway north to approximately
2-1/2 miles north of Helltowno
2, A public hearing date of June 27, 1978 at 10:15 a.m, was
set for Butte County Planning Commission - at the request of the Butte
Creek Canyon Zoning Committee - draft environmental impact report and
rezone from "A-2" (general) to "FR-2" (foothill recreation - two acre
parcels) property located between Humbug Road and Butte Creek from
approximately one mile north of Honeyrun Raad to approximately three
miles north of Hmeynat Road, containing" l50 acres, more or less, east
of Ghico.
3, A public hearing date of June 27, 1978 at 9:45 a.m. was
set for Glickman, Crumpler, Riley & Associates - draft environmental
impact report and rezone from "A-2 Limited" to "C-2" (general commercial)
property located on the southeast corner of Wagstaff Road and Clark
Road, identified as AP 50-19-48 (portion), containing eleven acres, more
or less, Paradise.
4. A.,public hearing date of June 20, 1978 at 9:30 a.m. was
set for Butte County Planning Commission - modification of Paragraph (c)
(3) of Sections~24-102 and 24-105 and Paragraph (d) (3) of Section 2 4 108
of the Butte County Code pertaining to rear yard requirements in "C-1"
(light commercial), "C-2" (general commercial),. and "C-C" (community
commercial) zones.
Page 486,
June. 6, 1978
June 6, 1978
78-1076 APPOINTMENTS CONTINUED TO JUNE 13, 1978
The following appointments were continued to June 13, 1978:
1. Appointment to the Oraville Mosquito Abatement District.
2. Appointments to the Housing and Community Development
Advisory Committee.
3. Appointment to the Butte County Council for Senior Citizens.
78-1077 APPOINTMENT TO ASSESSMENT APPEALS BOARD
', On motion of Supervisor Lemke, seconded by Supervisor Madigan
and unanimously carried, Paul Horton was appointed as a member of the
', Assessment Appeals Board.
78-1078 REFER LOCAL GOVERNMENT SERVICES OF CALIFORNIA GUIDELINES FOR
DETERMINING CLAIMABLE MANDATES TO AUAITOR FOR COMMENT
', Discussion of guidelines for determining claimable mandates
was held at this time.
Clif Mickeison, administrative officer, set out the background
of the guidelines. RCRC has been in contact with Local Government Services
of California regarding state mandates that will cost the county money
but that have SB 90 disclaimers.
The matter is referred to the Auditor for comment.
78-1079 APPROVE RENEWAL OF VARIANCE TO SECTIONS 19-10 AND/OR 19-12 OF THE
BUTTE COUNTY CODE FOR PLACEMENT OF A MOBILE HOME
. On motion of Supervisor Lemke, seconded by Supervisor Moseley
and unanimously carried, the following renewals for a variance to Sections
19-10 and/or 19-12 of the Butte County Code for placement of a mobile
home were approved for a period of one year:
1. Charles F. Lueder, 4100 Foothill Blvd,, Orov3.11e, AP 36-31-10y
Zoning: A-5.
2. Mildred Rexroat, Cohasset, AP 56-09-48, Zoning: T-M 5.
RECESS: 9:30 a.m.
RECONVENE: 9:43 a.m.
78-1080 WELFARE DIRECTOR REPORT RE: TRANSPORTATION NEEDS SURVEY RESULTS AND
REQUEST FOR CONSIDERATION TO AID FAMILIES IN NEED OF TRANSPORTATION
Bob Crisan, welfare director, set out the study of transportation
needs that his department has conducted, As of May 1, 1978 there were
91 families without transportation, Those application that were not
processed as of May 1, 1978 were not included in the survey.
Supervisor Richter stated that of the 91 famibes there were
many that were in the area of subsidized taxi service. Out of 2,236 people
contacted, 21 percent did not respond and 78.7 percent made a response.
There were 133 who had other means of transportation available. Supervisor
Richter questioned Mr. Crisan regarding these people.
Mr, Crisan indicated that question ~k5 showed haw the transportation
need was met. His office is charting the location of the 91 families without
transportation to see if they came within the subsidized taxi service.
Mr. Crisan was directed to meet with Mr, Castleberry to familiarize
him with the survey before the next BCAG meeting.
'- . ,..,::C _~~<.i^~i, a-:" ~~?,! .i'..
Page 487.
June 6, 1978
June 6, 1978
78-1081 PUBLIC HEARING: JOHN J. MARAN - APPEAL OF DRAFT ENVIRONMENTAL TMPACT
REPORT AND USE PERMIT TO ALLOW A TEN UNIT MOBILE HOME PARK ON PROPERTY ZONED
"A-2 LIMITEDI'' LOCATED ON THE WEST SIDE OF FOSTER ROAD, APPROX. 150 FEET
SOUTH OF SOUTHERN PACIFIC RAILROAD RIGHT-OF-WAY, IDENTIFIED AS AP 52-25-fig,
PARADISE
The public hearing on the John J. Ma ran appeal of draft
environmental impact report and use permit to allow a ten unit mobile
home park on property zoned "A-2 limited" located on the west side of
Foster Road, approximately 150 feet south of Southern Pacific Railroad
right-of-way, identified as AP 52-25-69, Paradise ,was held as advertisedo
Earl Nelson, environmental review director, set out the
background of the draft environmental impact report at this time,
At the last hearing some questions were raised and several of those
questions were provided to his department in writing. The questions
have been responded too There were questions relating to sewage
disposal. The Health Department is satisfied with the sewage disposal
planso
Supervisor Richter questioned Mr. Nelson regarding the
difference between adverse significant impact and adverse impact at
this time.
', Mr. Nelson stated that significant is related to the possible
impacts. It is regarding the magnitude and value of the impacts. This
is for the Board to determine. The project is ten mobile home units.
It has been reduced Exam forty units to ten units. The impact is
reduced accordingly. The main concern is the compatibility with the
', neighborhoodo
', Hearing on the draft environmental impact report open to
', the publico Appearing:
to Phil~Mace, attorney representing home owners. Mr, Mace
questioned Mr. Nelson whether the irreversable adverse affects are now
', nonexistent for those items listed on pages 19 and 20.
Mr. Nelson responded that the impact will occur. His office
is taking the position that the magnitude of them is not great enough
to be considered significant.
2, Patrick Porgans. Mr. Porgans stated that he had been
retained by Counsel to do some research. Mr. Porgans pulled three
water samples. Th:ey:appearc~o bei°:fs~.om3~aa spring or possibiy a water
drainage district. The water was tested at the Henrici Laboratories
in Chico. The water was contaminated, That does not mean there is a
definite problem from sewage. Additional studies would have to be done.
The three samples that were taken were positi"ve. Mr, Porgans pointed
', out on the map the areas that the tests were made.
Hearing was recessed at this time to be continued after the
', next hearing.
78-1082 ADOPT ORDINANCE 1930: PUBLIC HEARING: SIERRA DEL ORO HOME OWNERS
ASSOCIATION - PROPOSED NEGATIVE DECLARATION AND REZONE FROM "RT-1"
(NLtNIMOM DENSITY RESIDENTIAL - MOBILE HOME) TO "R-MH" (RESIDENTIAL -
MOBILE HOME) PROPERTY DESCRIBED AS BEING SIERRA DEL ORO SUBDIVISION,
UNITS 1, 2 3 AND 4 LOCATED NORTH OF ROSEWOOD DRIVE, EAST OF SKYWAY,
SOUTH OF IMPERIAL DRIVE, AND WEST OF NORTHWOOD DRIVE TO ALLOW ONLY
SINGLE-FAMILY MOBILE HOME DWELLINGS
The public hearing on the Sierra Del Oro Home Owners Association
proposed negative declaration and rezone from "RT-1" (minimum density
residential - mobile home) to "R-MH" (residential - mobile home) property
described as being Sierra Del OtpeS~~.~vision, Units 1, 2, 3 and 4 located
Page 488. June 6, 1978
June 6, 1978
north of Rosewood Drive, east of Skyway, south of Imperial Drive, and west
of Northwood Drive to allow only single-family mobile home dwellings was
held as advertised. Jim Lawson, planning director, set out the background
of the rezone. The Planning Commission vote was 4 to 0, 1 absento
Hearing on the negative declaration open to the public.
Appearing: Ixis Ashley. Mr, Ashley sbated that there are no enviroYnnental
problems. There is no change in the use of the propertyo It is already
mobile homese Mr. Ashley spoke in favor of the negative declarationo
Hearing closed to the public and confined to the Board.
On motion of Supervisor Lemke, seconded by Supervisor Moseley
and unanimously carried, on the 'basis of the initial evaluation the
proposed project ceuld not have a significant effect on the environment,
and a negative declaration was recommended.
Hearing on the rezone open to the publico Appearing: Mro
Ashley. Mr. Ashley felt that the rezone should be accomplished, There
is a deed restriction on the land and this would be in keeping with the
deed restrictions. The residents do not want to see homes built in
the area.
Hearing closed to the public and confined to the Baard.
On motion of Supervisor Lemke, seconded by Supervisor Richter
and unanimously carried, based on the findings of the negative declaration,
with the finding that this is consistent with the General Plan the rezone
from "RT-1" to "R-MH" property desctibed as being Sierra Del Oro Subdivision,
Units 1, 2, 3 and 4 located north of Rosewood Drive, east of Skyway, south
of Imperial Drive, and west of Northwood Drive to allow only single-family
mobile home dwellings was approved; Ordinance 1930 was adopted and the
Chairman authorized to sign.
78-1083 CONTINUED PUBLIC HEARING: JOHN J. MARAN - APPEAL OF DRAFT ENVIRON-
MENTAL IMPACT REPORT ANA USE PERMIT TO ALLOW A TEN UNIT MOBILE HOME PARK
ON PROPERTY ZONED "A-2 LTMITED" LOCATED ON THE WEST SIDE OF F05TER ROAD,
APPROX. 150 FEET SOUTH OF SOUTHERN PACIFIC RAILROAD RIGHT-OF-WAY, IDENTIFIED
AS AP 52-25-69, PARAAISE
The continued public hearing on the John J, Maran appeal of
draft envirozmiental impact report and use permit to allow a ten unit
mobile home park on property zoned "A-2 Limited" located on the west
side of Foster Road, approximately 150 feet south of Southern Pacific
Railroad right-of-way, identified as AP 52-25-69, Paradise was held
as recessed.
Mr. Porgans summarized his researcha The analysis shows that
bacteria was found. The test showed coliform bacteria in the waters
Paradise is the largest unincorporated area and does not have sewage
treatment systems. It might be advisable to do some research on this.
The Hea'~h Department contends that there are no problems.
Mr. Porgans submitted three copies of sample tests from
Henrici Laboratories - 03384, 03398, 03397 and 03397.
Hearing was recessed at this time to be continued after the
next hearing.
Page 489.
June 6, 1978
June 6, 1978
78-1084 PUBLIC HEARING: JERRY B. SHARPE - APPEAL OF DENIED VARIANCE TO ALLOW
A BUILDING THREE FEET FROM THE PROPERTY LINE ON PROPERTY ZONED "A-5°
LOCATED, ON .THE. EAST. SIDE OF JONES AVENUE, APPROX. 1/4 MILE SOUTH OF
MIDWAY, IDENTIIIED AS AP_40-30-34, AURHAM
The public hearing on the Jerry B. Sharpe app ®1 of denied
variance to allow a building three feet from the property line on property
zoned "A-5" located on the east side of Jones Avenue, approximately 1/4
mile south of Midway, identified as AP 40-30-34, Durham was held at this
time, Jim Lawson, planning director, set out the background of the
variance. The Board of Zoning Adjustment voted 3 to 0 to deny the
variance as they could not make the findings required.
Hearing open to the public. Appearing: Jerry B. Sharpe.
Mr. Sharpe set out his reasons fox wanting the variance. His position
tas set out in his letter of appeal. The building is outlined in the
plot plan. Tt was to compliment the area. This would have no affect
on the adjoining property.
Hearing closed to the public and confined to the Board.
On motion of Supervisor Madigan, seconded by Supervisor Richter
and unanimously carried, the Jerry B, Sharpe appeal was denied.
78-1085 CONTINUED PUBLIC HEARING: JOHN J. MARAN - APPEAL OF DRAFT ENVIRON-
MENTAL IMPACT REPORT AND USE PERMIT TO ALLOW A TEN UNIT MOBILE HOME PARK
ON PROPERTY ZONED "A-2 LIMITED" LOCATED ON THE WEST SIDE OF FOSTER ROAD,
APPROX. 150 FEET SOUTH OF SOUTHERN PACIFIC RAILROAD RIGHT-OF-WAY, IDENTIFIED
AS AP 52-25-69, PARADISE
', The continued public hearing on the John J. Maran appeal of
draft environmental impact report and use permit to allow a ten unit
', mobile home park on property zoned "A-2 limited" located on the west
side of Foster Road, approximately 150 feet south of Southern Pacific
Railroad right-of-way, identified as AP 52-25-69, Paradise was held
as recessed.
3. Phil Mace. Mr. Mace stated that there is more or less
a final impact report that identifies a mosquito problem, stream and
marsh existing pollution and there is a soils profile. In the area
of the leach fields there is seven feet of soil and no water level.
This is in addition to not knowing the type of soil. The exact
prof~e under the leach fields is not known. Mr. Mace stated that
he would consider the main missing response to be to Geologist
', Lydon's letter, Mr. Mace felt that the comments should be terminated
at this point. The main objections axe to traffic, water, sewer and
health problems.
4. Bernard Paul. Mr, Paul set out what the property had
been like when he purchased it. At the time the property was purchased
it was impossible to get into the property except by a small path.
The EIR is a well prepared report. Mr. Paul stated that when the
property was originally cleared there were mosquitos on the property.
After it had been cleared there were no more mosquitos: Since the
property has been overgrown the mosquitos have returned. Less than
ten days ago Mr. Paul found two dead deer in the swamp. When the
property was cleared in 1964, Mr. Paul found an old barbed wire fence.
This has been there for over 50 years. Mr. Paul stated that the
property cannot grow anything.:>Iftthis property were developed it
would eliminate the fire hazard that is presently there.
Hearing closed to the public and confined to the Board.
Lynn Vanhart, supervising sanitarian Health Department, responded
to the coliform bacteria found in the water. He would be more concerned
Page 490,
June 6, 1978
June 6, 1978
if the bacteria had not been found. There is no cross section in the
area. The Ieach lines have been worked out as well as the replacement
of the Ieacfiing< The sewage will be no problem.
L On motion of Supervisor Richter, seconded by Supervisor Moseley
and unanimously carried, all the comments in the addendum to the comments
and queries are adequate; the comments made here today in regard to the
conta~i:nation of the stream are insignificant as per the report of the
Health Officer and in view of the fact that the water flows from up
above; because the Board has reviewed the contents of the draft envi.ron-
mental impact report, the comments received thereon, and the responses
to those comments, therefore, the Board certifies that the final environ-
mental impact report has been completed in compliance with the California
Environmental Quality Act, the State EIR Guidelines and the Butte County
Environmental Review Guidelines.
Jim Lawson, planning director, set out the background of the
use permit. The Board of Zoning Adjustment approved the use pezinit on
a vote of 2 to 1. It complies with the General Plan in density. The
', Board of Zoning Adjustment placed 15 conditions on the use permit.
Hearing on the use permit open to the public. Appearing:
', 1. Mr. Truxton. Mr, Truxton set out the traffic situation
in the area. The intersection of Foster and Busch~ann is conjested.
The road is narrow and the traffic is moving very fast.
2. Claude R. Nelson. Mr, Nelson stated that he is concerned
with the traffic that will be created as a result of the trailer park,
The area is a mud hole and it is felt that Mr. Moran cannot clean it
up. He was opposed to having mobile homes in the area. Mr. Nelson
showed the Board pictures of a large backhoe that was buried in the
mud . '
3. Lillian Swift. Mrs. Swift spoke in opposition to the
use permit. It is not compatible with the neighborhood, The traffic
problem on Foster Road is bad. Mrs, Swift stated that she was ordered
off Mr. Maran's property by his sister-in-law when they were attempting
to replace a fence that had been destroyed as a result of an accident.
They also put up a barracade. Mrs. Walters demanded that the barracade
be removed, which it was.
3. Bud Conklin. Mr. Conklin spoke regarding the traffic
problem on Foster Road. MAC voted to oppose the use permit, Mr. Conklin
questioned the right of the Board of Zoning Adjustment to override MAC
and 34 residents who were opposed to the use permit.
4a Bernard Paul. Mra Paul stated that there was a traffic
problem on Foster Road, He felt that the major portion of the traffic
would turn and go up into Paradise, Mr, Paul stated that the reason
most of the people are against the use permit is the fear that Buschmann
Road will be put through.
5. Claude Nelson. Mr. Nelson stated that he and a neighbor
had paid for the light at the intersection in the hopes of slowing
the traffico This had not helped.
6. Patrick Porgans. Mr. Porgans stated that he had just
received a report from Henrici Laboratories regarding the water samples.
The number of coliforms depend on the use around the water. It is over
the 16 count. There is evidence that the water is contaminated with
fedal coliforma
Page 491,
June 6, 1978
3une 6, 1978
7. Irma L. Walters, attorney at law. Mrs. Walters set out
the road situation. Mr. Paul had erected a cable gate with lock on the
road. Mr. Mayan had left the gate up. When the County was putting
in a pipe down Buschmann they had asked for a key and had taken the
cable off the road. Mr. Mayan has not put the cable back up. When
she passed the property the other day, there was a cross tie barracading
the road with flags. A gentlemen was work on the fence. Mrs. Walters
related the events that followed regarding the gate and the flags.
The traffic problem is already in existence, The. project will not
create any more traffic problems.
$, Irwin Swift. Mr. Swift stated that he was concerned
with putting up his fence when Mrs, Walters had talked to him. The
reason the fence was down was because of an accident. Mr. Swift felt
that the barracade was a safety feature. The traffice is bad.
9. Phil Mace. Mr. Mace set out the width of Foster Road,
It is 21 feet wide at the top of the parcel and 22 feet wide at the
bottom of the property. There is a need for pedestrian access.
There will be no facilities in the park. It is basically a small
subdivision. Three units per acre is pretty dense. The neighborhood
was told at the BZA meeting that they should have rezoned the area.
The neighborhood was of the opinion that it was to late to apply for
a rezone. They are ready to process a rezone application. It is
unfortunate because of one county agency who prevented the people to
compete with this project. There are alternatives to this project.
The developer should be required to post signs that the water should
notbe drank as it is polluted,
ltr. Mrs. Walters. Mrs. Walters stated that Mr. Mayan did
not plan to enlarge the project.
11. Leonard Lloyd, MAC. Mr. Lloyd stated that Mr, Mayan
had stated at the MAC meeting that he did intend to develop further.
Hearing closed to the public and confined to the Board,
Supervisor Lemke questioned staff regarding the question
raised that the neighborhood was mislead by the county as to the zoning
of the area.
Mr. Lawson stated that the comment was made at the Board of
Zoning Adjustment hearing .with MAC. It was stated that they should
have sought rezoning. It was too late at that point. The basic
problem is the underlying zone. It is A-2 limited and allows this
use.
Supervisor Lemke advised that he had received a call from
a member of MAC who stated that the decision was not unanimous to the
opposition. Supervisor Lemke wondered if there would be the same
opposition if ten homes were to go in.
Mr. Castleberry responded to the traffic situation. There
are traffic problems on many of the roads in the Paradise areao The
traffic will continue to increase somewhat. Along Foster there will
be many more roads created. It does not have pedestrian facilities.
Mr. Castleberry recommended that the Buschman extension be put in the
budget two years agog It has been postponed, Some of the road will
be dedicated.
Chairman Winston stated that the Buschmann extension is a
sensitive areao He has walked the property and looked at the test
holes. He felt that the Health Department had made an investigation.
Page 492.
.Tune 6, 1978
June 6, 1978
On motion of Supervisor Madigan, seconded by Supervisor Richter
and unanimously carried, based on the Board's own knowledge and research
and on information presented to them concerning this project, including
the environmental impact report which was considered in arriving at a
decision, finding that the project could have a significant effect on the
environment but will not in this case because of the adopted mitigation
measures attached hereto and by this reference made a paxt hereof; having
found the above, the project was approved and the appeal denied subject
to the following conditionsa(including mitigation measures):
1. At least one fire hydrant on an adequate water main. Hydrant
shall be located not more than 500 ft. from the farthest part
of any mobile home site.
2. Frontage on Foster Road to be constructed to RS 9 LD III standard,
i.e, curb, gutter, sidewalk, and required street sectione
3. Deed to the County of Butte 30 feet right-of-way from the
centerline of Foster Road.
4. Submit drainage plans to Dept. of Public Works for approval
and install required facilities.
5. Indicate a 50 ft. building setback from the centerline of
Foster Road and Buschmann Road extension.
6, Provide street name signs per requirements of the Dept. of
Public Works.
7. Deed right-of-way for Buschmann Road extension.
8. Construct north 1/2 section for Buschmann Rd, extension to RS 9
LD IIi Standard and 12 ft. on south side. Extend proposed cul-
de-sac road to the south to tie in with Buschmann Road extension.
9. Obtain encroachment permit.
10. Requirements of Butte County Health Department.
11. Adequate visibility at the intersection shall be assured by
maintenance of visually unobstructed views at the driveway access
at Foster Road.
12. Grading of the site shall be done only during the dxy season
of the year to avoid soil erosion.
l3, To mitigate the archaeological impacts associated with the
project, the scheduling of the planned development will be
altered. The project can proceed with the development of hots
1-4 and 7-10, but cannot proceed with lots 5 and 6 until the
archaeological resources have been studied by a qualified
archaeologist. The archaeological site will be systematically
studied, and all collecting and recording of artifacts will
be done prior to development on those two lots, Subsequent
development of lots 5 and 6 will be subject to obtaining a
letter of release from a qualified archaeologist. "Development"
as used above includes percolation tests or other activities
which would involve substantial soil excavation on lots 5 and 6.
14. Regular maintenance of the watercourse shall be provided to
reduce the mosquito health risk for the inhabitants. Regular
maintenance shall consist of the removal of only as much vegeta-
tion and soil as is necessary to keep the water flowing
in the watercourse and no~'`alldta~ standing water condition.
Page 493. June 6, 1978
June 6, 1978
The maintenance of the stream area through. periodic cleaning
and removal of some vegetation shall be the resgonsibility
', of the developer. The Butte County Mosquito Abatement District
will be responsible for the control of mosquitoes by various
methods which. may include the application of diesel.doil, chemicals
or providing access to fish that could reduce the mosquito population.
Other than this maintenance of the watercourse, no development
within the marsh area will be doneo
The applicant must also conform to all other applicable State and local
statutes, ordinances and regulationso
. RECESS: 11:50 a.m.
RECONVENE: 11:53 a.m.
78-1086 ADOPT ORDINANCE 1931: INTERIM ZONING "R-Mff" (RESIDENTIAL - MOBILE
HOME) PROPERTY DESCRIBED AS BEING SIERRA DEL ORO SUBDIVISION, UNITS 1,
2, 3 AND 4 LOCATED NORTH OF ROSEWOOD DRIVE, EAST OF SKYWAY, SOUT~T OF
ZM3.'ERTAL DRIVE,, AND WEST OF NORTHWOOD DRIVE TO ALLOW ONLY SINGLE-FAMILY
MOBILE HOME DWELLINGS
On motion of Supervisor Lemke, seconded by Supervisor Madigan
and unanimously carried, property described as being Sierra Del Oro
Subdivision, Units 1, 2, 3 and 4 located north of Rosewood Drive, east
', of Skyway, south of Imperial Drive, and west of Northwood Drive was
interim zoned "R-MH" (residential - mobile home) to allow only single-
'..., family mobile home dwellings; wTth:.thecfiri.dings that it is in the
interest of the public health and safety and the public welfare
would require it to preserve the integrity of the zone while being
processed; Ordinance 1931 was adopted and the Chairman authorized
to signs
78-1087 ADDITIONAL MATTER PRESENTED BY COUNSEL
', Del Siemsen, deputy county counsel, advised the Board that
the ETR for the CMR Taxpayers Association rezone will not be available
for the hearing next week. This must still go to the clearing house-...
', Jim Lawson, planning director, was instructed to arrange
for a press release that the ETR was not ready. The hearing will be
held as scheduled.
78-1088 APPEARANCE: DON BLAKE
Mr. Blake spoke regarding the pollutants at Kaiser Steel Mill
in Southern California. They are considered the worst pollutors in
'. Southern California. In the PG&E NOT the emissions of S02 and N02
are twice as much as Kaiser. This is being done for 300 jobs, 75~of
which will be local. Mra Blake stated that he was going to fight
the PG&E fossil fuel plant any way he could. Mr. Blake has made an
offer to the Board previously for use of the material he has gatheredo
78-1089 APPEARANCE: LOTS STANTON
Mrs. Stanton stated that they had been caught up in the process
of applying for as affidavit declaration regarding placement of a second
dwelling on their property, They had investigated the possibilities and
', were going to apply for an affidavit declaration. This would be for
', her parents who were in the process of selling their home. The affidavit
', was not completed at the time the Board took action to not allow these,
The proper departments were instructed that Mrso Stanton's
affidavit declaration was to be honored,
78-1090 APPEARANCE: BUSS CRONINGER RINGEL AND ASSOCIATES
Mr, Croninger presented an idea to the Board that is being
used in other counties regardiµng..ge~94_~.ine setbacks and the ability
Page 4940 June 6, 1978
June 6, 1978
to be able to sell one .half of a duplex with a common wall. The two
duplexes would have to be on their own septic and electricity. There
would be a zero lot line as the common wall between the duplexes would
be the property line.
Chairman Winston advised that the Board would need input
from staff regarding this concept,
78-1091 DISCUSSION:. EL MEDIO DITCH - STATUS OF FARMERS HOME ADMINISTRATION
GRANT/LOAN PROPOSAL
Ward Connerly was present to discuss the status of the Farmers
Home Administration grant/loan proposal for the EZ Medio Ditch. The
deadline for the application was June 1, 1978. There has been an extension
', granted, The Farmers Home Administration will give the County $175,000
which represents about 40 percent of the $410,000 provided the County
takes out a loan of $50,000. After the property owners have one percent
of the debt then Farmers Home Administration will entertain the loan.
There would be a problem in going to the property owners in the area
and asking them to take out a loan for $50,000. Mr. Connerly stated
', that he has exhausted ways to get the loan of $175,000. The Farmers
Home Administration will not accept a first lien on the County property
in South Oroville and will not accept rehabilitation money, There has
been no definite answer from HUD.
The county could submit the application to Farmers Home
Administration for the $175,000 grant and indicate that they will
take out a $50,000 loan under the 1920 act. An assessment could
be levied on the property under the 1915 act. The loan could be
paid off with $58,000 in block grant funds. Mr. Connerly stated that
he needs to know from the Board if this can be approached with the
possibility of going the 1915 act route.
The matter is continued to June 13, 1978 far a report from
Counsel and the Administrative Office regarding using funds and looking
at Proposition 13 implications.
78-1092 APPROVE LETTER TO U. S. SENATORS AND CONGRESSMAN RE: SACRANTENTO RIVER
BANK PROTECTION PROJECT TN AREAS NOT COVERED BY AN EXISTING PROJECT
On motion of Supervisor Madigan, seconded by Supervisor Moseley
and unanimously carried, a letter was authorized to the U. S. Senators
and Congressman regarding bank protection along the Sacramento River
', whexe there is not an existing project and supporting such a project.
78-1093 ADDITIONAL MATTER PRESENTED BY SUPERVISOR MOSELEY
Supervisor Moseley asked if the Board would consider an interim
zoning for the Les Adolph propertyo His property is located off Ithica
', Street and would be zoned M-1,
Jim Lawson, planning director, stated that the zoning was A-R
at the present time, The General Plan shows a property as being residential.
The interim zoning would be/huled out as t~e M-1 zoning is a less
restrictive zoning than the A-R. ~ rl
ADJOURNMENT
There being nothing furt er before t r his t e, e
meeting was adjourned at 12;30 p,m to reconve n ~ea , J n , 1978
at 9:00 a.m. `` JJ
ATTEST C/~LAR/~K A,/'NELSON,000U/N~TY CLERK
By `mac, !r ~' 6lj !/i,~ Chi ai. , oar o Supexvi
Page 495e
June 6, 1978