HomeMy WebLinkAboutM061979I
June 19, 1979
STATE OF CALTFORNIA )
SS.
COUNTY OF BUTTE )
79` The Board of Supervisors met at 9:00 a.m, pursuant to adjournment,
~ Present: Supervisors Dolan, Moseley, Winston and Chairman Lemke. C1if
Nickelson, administrative officer, by Mike Pyeatt, assistant administrative
officer; ban Blackstock, county counsel; and. Clark A. elson, county clerk,
by Cathy Pitts, assistant clerk to the Board. ABSENT:' Supervisor Wheeler.
Pledge of Allegiance to the Flag of the United States of America
Invocation by Supervisor Moseley
i 1022 APPROVAL OF MINUTES
On motion of Supervisor Moseley, seconded by Supervisor Dolan
and carried, the minutes of June 12, 1979 were approved as mailed with
the correction to minute order 79-986, page 400, line 5 to state could
not instead of could.
!; 1023 E%CUSE SUPERVISOR WHEELER FROM MEETING
On motion of Supervisor Winston, seconded by Supervisor Moseley
and carried ,_ Supervisor Wheeler was excused from the meeting.
1024 ADOPT RESOLUTION 79-109 EXPRESSTNG CONDOLENCE TO MR. MC Ci9INN FOR THE
DEATH 'OF ZOANN MC CAINx
On motion of Supervisor Winston, seconded by Supervisor Moseley
and carried, Resolution 79-109 expressing condolence to Mr. McCBinn for
the death of Zoann McCain was adopted and the Chairman authorized to sign.
1025 ADOPT RESOL'FITION 79-110 RE: PERSONNEL RULES AND RATIFY MEMORANDUM OF
UNDERSTANDING WITH BCEA
On motion of Supervisor Winston, seconded by Supervisor Dolan
and carried, the memorandum of understanding :.with BCEA was ratified;
Resolution 79-110 regarding Personnel Rules was adopted and the Chairman
authorized to sign.
';1026 APPROVE GRAND JURY BOARD OF SUPERVISORS ANNUAL AUDIT CONTRACT
On motion of Supervisor Moseley, seconded by Supervisor Dolan
and carried, the Grand Jury/Board of Supervisors annual audit contract with
the firm of Herbert J. McClanahan of Gridley in the amount ~f $15,000 was
approved and the Chairman authorized to sign.
-,1027 PPROVE PRISONER TRANSPORT AGREEMENT
On motion o£ Supervisor Dolan, seconded by Supervisor Moseley
and carried, the prisoner transport contract with Security Transport of
isalia for the air transportation of prisoners to be effective July 1,
1979 at a rate of 32~ per mile calculated on a round-trip basis was
pproved and the Chairman authorized to sign.
11028 UTHORTZE PURCHASE ORDER - ADNL[NISTRATION BUILDING FIRE HYDRAi4TS
On motion of Supervisor Winston, seconded by Supervisor Dolan
nd carried, the purchase order for the fire hydrants for the Administration
uilding at a cost of $14,779.64 with funding coming from the Administration
uilding contingency was authorized and the appropriation was approved.
..1029 PPROVE CONTRACT CHANGE ORDER N0. 21 - ADMINISTRATION BUILDING -PHASE I
On motion of Supervisor Winston, seconded by Supervisor Moseley.
nd carried, contract change order No. 21 for the Administration Building,
ha se I in the increasing amount of $2,762012 to provide for the necessary
able fabrications for the Board room was approved and the Chairman authorized
o sign; and appropriation with-funding to come from the construction
ontingency was approved. Page 416.
June 19, 1979.
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3une 19, 1979
79-1030 APPROVE CONTTNUtiNCE_OF COUNTX SERVICE. ,AREA 37 (GRTDLEX BMSULANGE) CONTRACT
v'' BEYOND JUNE 30 ON A MONTH TO MONTH BASIS
On motion of Supervisor Moseley, seconded by Supervisor Winston
and carried the continuance of County Service Area 37 (Gridley Ambulance)
contract beyond June 30 on a month to month basis was approved.
t 1031 APPROVE BUDGET TRANSFERS
On motion of Supervisor Moseley, seconded by Supervisor Winston
and carried, the following budget transfers were approved:
B-172 - Building and Grounds Maintenance. Transfers $3,500
from major maintenance to structures and improvements in order to
provide an appropriation for the purpose of removing an old defective
water-coaled air conditioner from the Chico Offices building and
replacing it with two air-cooled air conditioners salvaged from the
Paradise Library.
B-173 - Assessor. Transfers $1,310 from transportation and
travel and $52.23 from special department expense; with $100 going to
maintenance of equipment, $2l0 to professional and specialized
services, $1,000 to rents and leases of equipment and $52.23 to
publications and legal notices. The purpose of this transfer is to
cover current and anticipated deficiencies in the various accounts
and to provide sufficient appropriations for the balance of the fiscal
year.
B-174 - Bi~~s Judicial Court. Transfers $3,500 from the reserve
with $1,000 going towards extra help, $1,200 to overtime, $300 to jury
and witness expense, $b00 to office expense, $200 to professional and
specialized services and $200 to transportation and travel in order to
cover current and anticipated budget deficiencies brought about by
workload increases and the number of jury trials.
B-175 - Housine and Community Development, Transfers $20 from
office expense to publications and legal notices in order to cover the
cost of required publications.
B-176 - Community Action~Pro~ram - Rural Home Renair Program - 1979
Qrant year. Establishes a $10,000 EOC Rural Home Repair Program for the
period Junuary 1, 1979 through September 30, 1979 as part of the contract
with the Fresno County EOC. .Appropriation is as follows: salaries and
ges, $875; .fringe benefits, $101; travel, $24; and other costs, $9,000.
B-I77 - Agriculture Services - Poison Sales. Establishes an
additional appropriation of $6,000 for poisons for resale with
revenue coming from sales. This transfer will cover current and
anticipated expenditures of bait for di's~t°rbatoh of the grasshopper
infestation.
1032 APPROVE SUBMISSION OF 1979-80 ALCOHOL PLAN AND BUDGET
On motion of Supervisor Winston, seconded by Supervisor Dolan
and carried, submission of the 1979-80 Alcohol Program Plan and budget to
the-State Department of Substance Abuse in the amount of $133,622 with
anticipated revenues coming from fees and federal and state funds was approved,
103.3 ENY PENALTY RELIEF - LOTS M. DICLTS
On motion of Supervisor Moseley, seconded by Supervisor Dolan
and carried, the request for penalty relief by Lois M. Dicus for
P. 47-29-68 was denied.
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June '19, 1979
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APPROVE PUBLIC WORKS ITEMS
On motion of Supervisor Winston, seconded by Supervisor Moseley
and carried, the following Public Works items were approved:
1. Approved 1979-80 Chico Clipper contract deleting the wheel
chair assist van as requested by the Chico City Council because there is
a possibility of obtaining one or more vans under a social services
coordination grant was approved and the Chairman authorized to sign,
2, Approved Crestwood Subdivision Unit Noo 2 final subdivision
map; accepted public utility easements, drainage easements and road
easements as shown on the subdivision map and offered for dedication;
and authorized Chairman to sign subdivision agreement for the 78 lot
subdivision, AP 35-13-121 located at the north end of Crestridge Drive,
Oroville areas
3. Approved Rancho De Thunder Unit No. 2 final subdivision
map for the 11 lot subdivision, AP 47-26-171, located south of Rancho
De Thunder Unit No. 1, south end of Hereford Drive, Chico area; accepted
public utility easements, drainage easements, and road easements as shown
on the subdivision map and offered for dedication; and authorized the
Chairman to sign subdivision agreement.
4. ~d.opted Resolution t7~1-111 authori~ing~;coriveyan~+a;of water
faciEhites'to Del Oro;:Water_iCompany for Woodridge Assessment District and
Chairman authorized to sign.
5. Approved letter of appreciation to Paradise High School
and Andy Stauss, instructor, for the contribution of a Building Department
display model to assist citizens in the knowledge of building needs and
means and the Chairman authorized to sign.
ADOPT RESOLUTION 79-112 APPROVING 1978 FEDERAL AID URBAN PROGRAM FOR BUTTE
COIiNTY URBAN AREAS
On motion of Supervisor Winston, seconded by Supervisor Dolan
and carried, Resolution 79=1121 approving the 1478 federal aid urban program
for Butte County urban areas was adopted and the Chairman authorized to
sign,
APPROVE 1979-84 CAPITAL IMPROVEMENT PROGItkSM FOR INCLUSION IN THE BUTTE
COUNTY REGIONAL TRANSPORTATION PLAN UPDA~~
Clay Castleberry, public works director, set out the 1979-84
capital improvement program at this time.- This is to be submitted for
inclusion in the five-year regional transportation plan. He has a letter
from the Planning Commission that all are in accordance with the Planning
requirements. Staff spent several hours reviewing the plan in detail
and found that 90% were resubmissions.
On motion of Supervisor Moseley, seconded by Supervisor Winston
and carried, the 1979-84 Capital Improvement Program for inclusion in the
Butte County Regional Transportation Pian update was approved.
GOVERNMENT TO DO EIRONMENTAL REVIEW ANA PUBLIC WORKS DIRECTOR AUTHORIZED
TO ASSIST PROPERTY OWNERS IN.PREPARATION OF APPLICATION FOR CHANNEL
CLEARANCE AND CONSTRUCTION OF SMALL PROJEGT LEVEE ON NORTH SIDE OF CHICO
'REEK
Clay Castleberry, public works director, set out the request
that the county do the environmental review on the Chico Creek application
and assist the property owners in preparing an application for channel
c learance and construction of a small project levee. A group appeared
before the Board asking for help in arranging a meeting with the Corps
of Engineers. The property owners have asked for assistance in making
application fora permit. The property owners are willing to spend the
money. Page 418. June 19, 1979
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On motion of Supervisor Winston, seconded by
and carried, the government in to do the environmental
Works Director was authorized to assid= property owners
application for channel clearance and construction of
on the north side of Chico Creek.
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Supervisor Aolan
review and Public
in preparation of
small project levee
ADDITIONAL MATTER PRESENTED BY PUBLIC WORKS
Clay Castleberry, public works director, stated that the
barriicada will be on E1 Paso Way at Lassen Avenue.
REPORT TO BOARD CONCERNING FEASIBILITY OF WEED ABATEMENT IN THE UNINCORPO-
RATED DURBAN AREAS OF THE COUNTY
Bob Paulus, fire warden, reported to the Board concerning the
feasibility of weed abatement in the ux;incorporated urban-:°areas"of'--the
County. He recognized the problem. Last Xear there were 564 vegetation
type fires in the county. Of the 564 fires, 50 were on grass type lots
in the urban areas of Oroville or Ghico. Mast occurred outside the
urban area.. A number of the grass fires in the urban areas were in the
flood control channel. To burn off Lindo Channel might create more problems
with erosion, Out of the vegetation fires the property damage was estimated
at $47,660. There was no loss of residences. Most of the damage was to
fences, vehicles and outbuildings. Damage caused by the grass fires in
the urban areas is not something they cannot live with. He cannot justify
the weed abatement grogram operating under the procedures that have been
set up. They have attempted to control the grass areas but have not
been able to because of agriculture. There is a conflict. To accomplish
taking care of the grass areas would be about $40,000 per year. This
would not including the mailing cost of notices. He did not advocate
weed abatement in the urban areas. The county is not quite urbanized to
start a weed abatement ordinance. Part of the environment of Butte County
is wild land. There is a state law which allows the-Fire Department to
go out .and have property cleared around residences for 30 to 100 feet.
They use this law as a vehicle to eliminate problems. If there is a grass
lot with no building this law is not applicable. He did not feel it would
be cost effective. The cost of putting out the 50 grass fides is around
$4,000 to $5,000.
REPORT TO BOARD ON REQUEST FOR .PENALTY RELIEF FOR TAXES NOT PAID IN FULL
AND ON CLAIM FOR ItEE'UND - MASON-MC DUFFIE COMPANY - CONTINUED TO JUNE 26,
1979
-The report to the Board on a request for penalty relief for
taxes not paid in full and on a claim for refund of taxes paid by Mason-
McDuffie Company was continued to June 26, 1979.
APPOINTMENT OF LAW ENFORCEMENT REPRESENTATIVE TO CITIZENS ADVISORY COMMITTEE
ON DRUG.ABUSE/ALCOHOL ADVISORY BOARD
On motion of Supervisor Winston, seconded by Supervisor Moseley
and carried, R. W. Azevedo was appointed as the law enforcement representative
to the Citizens Advisory Committee on Drug Abuse/Alcohol Advisory Boardo
John W. Hamby, Paradise. 7ff~e Surveyor, on behalf of Tom Heustis, requests
that the hearing scheduled for June 19 be canceled if they can
be assured that a voluntary deposit of a drainage fee with the
county can be made in lieu of a permanent drainage solution.
To be considered later in the meeting.
?Mateo Munoz, Chico. Mr. Munoz writes clarifying his presentation to the
Board at the June 5 revenue sharing hearing. Information;. no
action taken.
Page 419.
June 19, 1979
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District 1 Association for Mentally^and Physically Handicapped, Inc., Red
Bluff. The. Association writes forwarding its proposal for the
use of revenue sharing funds in the amount of $820. To be
considered later in the hearingo
Wayne J. Paul, Chicoo Mr. Paul writes concerning a proposed zoning change
on his property located at 2025 and 2035 Nord Avenue and requests
that the area up to Lindo Channel be deleted from the larger
zoning effort presently under considerations Referred to
Planning Commission for response.
Butte County Farm Bureau. The Bureau writes concerning the proposed land
use map currently under consideration and requests that it be
referred back to the Planning Commission for additional hearingso
Chairman to write letter in response.
Butte County Mosquito Abatement District, The District writes regarding
problems of mosquito breeding caused by underground electrical.
transformer installations and requests that the Board consider
alternatives. Referred to PG&E .and Public Works for commento
Sierra Pacific Tndustries, Chico. The company writes advising that they
have recently purchased Valley Forest Products' assets in
Orovilie and will be starting production in approximately July.
Information; no action takene
Jean Minasian, Oroville. Mrs. Minasian, Bicentennial Committee chairman,
writes requesting that the Soard prepare a certificate of
appreciation for Waldermar Wiederhoeft, deceased, who contributed
considerable effort to the Bicentennial Park. See motion
following communcations.
State TV Cable, Chico. The firm writes thanking the Board for its
indulgence in the matter of cable television undergrounding/
deregulation. Information; no action taken.
Paradise Municipal Advisory Council, The Council forwards information
summarizing its proceedings on the subject of a possible solution
to drainage problems in the upper Clear Creek watershedo
Information; no action taken,
Robert L. Hewitt, attorney at law. The attorney, on behalf of Orah
Murphy, requests that certain medical information be produced
for inspection relating to the medical care and treatment of
Alfredo Henry Flori while under the care and control of the county.
Referred to Counsel.
Senator Ray Johnson. Senator Johnson writes forwarding information concerning
the status on efforts by the Housing and Community Development
Commission to .adopt Class K Housing Regulations. Information;
no action takene
State Department of Water Resources. The department forwards its statement
of cost for watermaster service in the Butte Creek service area
in Butte County for the fiscal year. Information; no action
taken,
Chemtec, Tnc., Chico, The company appeals the conditions on use permit
for 8P 40-40-17< Set for hearing on July l0, 1979 at 16:45 aomo
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Feather River Senior Citizens Association, Inc. The association writes
requesting revenue sharing funds in order to complete their
building. To be considered during the hearing,
ADOPT RESOLUTION 79-113 OF APPRECIATION FOR SERVICE OF NORMAN WAGNER
FOR SERVICE WITH NORTHERN SUPERVISORS ASSOCIATION
On motion of Supervisor Winston, seconded by Supervisor Moseley
and carried, Resolution 79-113 of appreciation for services performed
by Norman Wenger for the NRrthern California Supervisors Association was
adopted and the Chairman authorized to sign,
APPOINTMENT TO KIMSHEW CEMETERY DTSTRIGT SUBJECT flTO THERE BEING NO
OTHER APPLICAIITS FOR POSITION
Chairman Lemke staked that Roy Stanton had resigned from the
Kimshew Cemetery District,
Administative Office to post vacancy and write letter of
appreciation to Mr. Stanton for his services on the Kimshew Cemetery
District.
On motion of Supervisor Lemke, seconded by Supervisor Moseley
and carried, Florence Brower was appointed as a member to the Kimshew
Cemetery District subject to there being no other applicants for the
position.
BOARD TO INITIATE REZONE FOR PROPERTY ON THE EAST SIDE OF ~SRYWAY, BETWEEN
PENTZ ROAD AND CLARK ROAD FOR "C-2" (GENERAL COMMERCIAL) ZONING
On motion of Supervisor Lemke, seconded by Supervisor Winston
and carried, the Board initiated a rezone from "A-2 Ltd." (limited general)
to "C-2" (general commercial) for property located on the east side of
Skyway, between Pentz Road and Clark Road.
OPPOSE SB 1211 RE: GAS RATIONING SYSTEM
On motion of Supervisor Winston, seconded by Supervisor Moseley
and carried, SB 1211 regarding gas rat~.oning system was opposed.
ADDITIONAL MATTER PRESENTED BY SUPERVISOR WINSTON
Supervisor Winston advised that he would be out of the state
starting June 26, 1974 to July 3, 1979,
BOARD~•MEETING OF JULY 3. 1979 NOT TO BE SCHEDULED
On motion of Supervisor Winston, seconded by Supervisor Dolan
and carried, the Board meeting of July 3, 1979 will not be scheduled,
EXECUTIVE SESSION: The Board recessed at 9:53 a.m. to hold an executive
session regarding litigation.
RECONVENE: The Board reconvened at 10:10 a.m. following an executive
session regarding litigation. Nothing to report at this time.
PUBLIC HEARING: JEFF DAY -.APPEAL OF ADVISORY AGENCY'S CONDITIONS ~~10 AND
15 ON TENTATIVE PARCEL MAP, TWO LOTS, AP 42-03-45, EAST END OF REBECCA
LANE. CHICO
The public hearing on the Jeff Day appeal of Advisory Agency's
conditions dk10 and 15 on a tentative parcel map, two lots, AP 42-03-45,
east end of Rebecca Lane, Chico was held at this time.
Clay Castleberry, public works director, set out the background
of the appeal at this time. This property was originally four parceled.
There are now two maps pending. The conditions are the requirement to
dedicate rights-af-way for the extension of Lassen Avenue which does not
go through. With present divisions there is going to be a need for
Page 421.
June 19, 1979
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additional street patterns. The Subdivision Map Act allows the requirements
of dedication for future extensions of roadways. The condition is to
provide 30-foot of right-of-way for the future extension of Lassen Avenue.
This is also a condition of the map for the Eslers. Mr. Castleberry
stated that the ather condition being appealed is the requirement for
permanent drainage. This is not economically feasible. His office has
been accepting a deposit with the Board's approval for an individual's
share of future drainage system. There is no drainage system proposed
for either of the two maps.
Hearing open to the public. Appearing: Everd McCain, representing
Jeff Day. Mr. McCain stated that the appeal on the providing of a permanent
drainage solution has been resolved. They support the deposit as long as
it can be done. This is the only practical solution. He withdrew his
appeal on condition ~k10 and felt that $1,800 per acre deposit was reasonable.
Mr. McCain stated that with regarding to condition ~k15, he questioned
the priority. If this was necessary it should have been required on the
previous parcel map. If this condition is required it would violate the
subdivision ordinance that parcels cannot have double frontage. Lassen
Avenue extension has never been shown on proposed maps: The primary
need for westerly travel would be part o£ Eaton Road extension. It has
been planned for some-timed There have been many other opportunities
where the right-of-way has not been required. He asked that the Board
consider this item at the same time that the appeal on the Brian and
Judith Eslter was considered.
Mr. Castleberry stated that if there was not so much activity
in the area, there would be no need for the requirement. He has had
assurances that Eaton Road will go through. He would be willing to
compromise that the property owner offer for dedication and have assurances.
The county could withdraw the offer of dedication if it was not needed.
Mr. McCain stated that this was acceptable to the applicant.
Hearing closed to the public and confined to the Board.
Supervisor Winston stated that he had a difference of opinion
in requiring dedication on maps of this type. He felt it violated
the Constitutional guarantee that property would not be taken without
just compensation. If Lassen Avenue goes through and there is no further
activity, the other peogle will be paid for their property.
meeting.
The decision on this matter was continued to later in the
PUBLIC HEARING: BRIAN AND JUDITH 'ESLER - APPEAL OF ADVISORY AGENCY'S
CQNAITIONS ~klo AND Z6 ON A TENTATIVE PARCEL MAP, TWO LOTS, AP 42-03-46,
CORNER OF ALAMO AVENUE AND REBECCA LANE~_CIiIC0
The public hearing on Brian and Judith Ester appeal of
.Advisory Aggency"s conditions ~k10 and 16 on a tentative parcel map, two
lots, AP 42-03-46, corner of Alamo .Avenue and Rebecca Lane, Chico was
held at this time.
Clay Castleberry, public works director, set out the appeal at
this time. This is the adjacent lot to the Jeff Day tentative parcel map
and has the same conditions.
Hearing open to the public..::-Appearinga 'Neil;-:McCabe, representing
Mr. and Mrs. Esler. Mr. McCabe stated that he had a letter from Mr. Carper
dated June 18, 1979 a neighbor of the Days and Eslters stating that he has
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June 19, 1979
June I9, 1979
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79- lived on the property for 30 years and does not want to see Lassen Avenue
3 extended. The letter was left for file. They are willing to deposit
$1,800 per acre to satisfy the condition of permanent drainage solution,
The other condition that ,is being appealed is the requirement for dedication
of Lassen Avenueo The basis objection to the requirement for the dedication.
is that there is no reasonable relationship to what is being proposed,
This is a three acre parcel. Mr. Ester is-now building a house on the
east portion of the property and the property will be cut in half. Access
for the property via Rebecca is on Alamo. Looking at the requirement
in terms of square feet this would be about 12,000 square feet. The
zoning in the area does not show a potential for traffic on this parcel,
The zoning is "A-5". Therei§ a difficulty with Section 2D-123 regarding
double frontage. A dedication for Lassen Avenue was not required in
the previous ;split done in 1978, F#e did not feel it should be required
at all as it is not in the plans, the General Plan or Master Road Plan.
The need for this should be established through the Planning process.
It is not consistent with present county requirements and is not a
reasonable relationship between the condition and what is proposed.
This would amount to taking. without compensation. He asked:that the
deposit be allowed and the condition for the dedication be deleted.
Hearing closed to the public and confined to the Board.
1051 DECISION ON APPEAL OF CONDITION. REQUIRING DEDICATION OF 30-FOOT RIGHT-OF-
WAY FOR LASSEN AVENUE EXTENSION FOR BOTH TENTATIVE PARCELS MAPS FOR
JEFF DAY AND BRIAN AND JUDITH ESLER WAS UPHELD
On motion of Supervisor Winston, seconded by Supervisor Moseley
and carried, based upon the lack of evidence relating to construction of
Lassen Avenue Extension and because it is not shown on any present
• circulation map or plan and because the offer of dedication or granting
of the easement is in violation of the Constitution which would constitute
the taking of property without just compensation; the appeal of Jeff
Day on condition ~~15 on a tentative parcel map, two lots, AP 42-03-45,
east end of Rebecca Lane, Chico and the appeal of Brian and Judith
Esler on condition ~~16 on a tentative parcel map, two lots, AP 42-03-46,
corner of Alamo Avenue and Rebecca Lane, Chico wese~~~helda
PUBLIC HEARING: ELIZABETH V. EISENHOUR - APPEAL OF ADVISORY AGENCY'S
CONDITION ~~8 RELATING TO A PERMANENT SOLUTION TO DRAINAGE ON_A TENTATIVE
PARCEL MAP, FOUR LOTS ,. AP 42-0-213 ,. SOUTH SIDE OF BELL ROAD, APPROX,
400 FEET WEST OF ALAMO AVENUE. CHICO
The public hearing on the Elizabeth V. Eisenhour appeal of
Advisory Agency's condition ~k8 relating to a permanent solution to
drainage on a tentative parcel map, four lots, AP 42-02-13, south side
of Bell Road, approximately 400 feet west of Alamo Avenue, Chico was
held at this time.
Clay Castleberry, public works director, set out the background
of the appeal. This is a four parcel split outside a drainage district.
He did not have the answer other than to require a permanent solution to
drainage or if the property owners offers a deposit toward a future system.
He was not sure the deposit would be the right answer.
Hearing open to the public. Appearing:
1. Elizabeth Eisenhour. Mrs. Eisenhour stated that she did
not see a drainage problem on Bell Road. It is already built up. She
proposed one building and one house later. She was confused about putting
up money for drainage that has not been proposed. SSheidid not see the
need for it. If and when a drainage system is needed it would be up to
everyone to pay. for it. Page 423,
June 19, 1979
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Aan Blackstock, county counsel, stated that the condition to
provide permanent drainage solution is no condition at a11. It should be
changed.
1~Iz.a Castleberry stated that a permanent solution is the taking
of water to a natural creek.
Mr. Blackstock stated that when there is a condition that broad
and general there is a question of what it means. A tentative map is to
set the conditions. I£ the condition was to take to a certain stream with
a certain capacity, that would be a condition,
Chairman Lemke stated that the obvious solution would be to
build a channel to a natural drain. One split is not going to be able to
provide permanent solution to drainage-in some instances, Mrs. Eisenhour
has rased the question that there isn't a drainage problem on Be11 Road._
Mr. Castleberry stated that the soil is better and these lots
by themselves do not create a problem, These lots with others do cause
a drainage problem.
2. Cal Bachman. Mr. Bachman stated that the basic feeling
is that there is no practical solution at this time to run any type
of closed circuit storm drain to Lindo Channel or Mud Creek. The ground
is excellent for percolation. There has been no flooding or drainage
problems in the area that he is aware of. He felt that i£ this area were
in a plan or study then it would be logical to pay the deposit for
irainage. He was sure that if the need arises there will be an assessment
istrict £omled where everyoiae will be required to participate in payment.
ie felt that this property was causing less drainage problems than the
small lots just westerly of this property.
Mr. Castleberry suggested that the Board reject the appeal
and allow him to work with the applicant.
Hearing closed to the public and confined to the Boardo
Chairman Lemke suggested that the condition be changed to
parry runoff to the nearest natural channel or storm drainage system.
Supervisor Winston stated that Mr. Castleberry has advised
:hat there is no projection for a storm drain to be put in. The Board
rezoned the area "A-5" zoning some months ago. This property is bounded
~y "A-5" zoning. There will be no more maximum density residential
subdivisions in that block. He did not feel that the condition was
=quitable in light o£ the zoning in the area.
It was moved by Supervisor Moseley, seconded by Supervisor Winston
:hat the appeal be upheld regarding condition d~8 'relating to a permanent
solution to drainage on a tentative parcel map, four Iots, AP 42-02'13,
south side of Be11 Road, approximately 400 feet west of Alamo Avenue,
;hico and the condition was deleted.
Supervisor Dolan stated that if that area would remain in "A-5"
;ning then it would be equitable. This property was rezoned and she felt
:hat the property owners should participate in a permanent solution for
Irainage..
Page 424.
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Vote on motion:
AYES: Supervisors Moseley, Winston and Chairman Lemke
NOES: Supervisor Dolan
ABSENT: Supervisor Wheeler
Motion carries.
PUBLIC HEARING: TOM HEUSTIS - APPEAL OF ADVISORY AGENCY'S CONDITION #6
RELATED TO A PERMANENT SOLUTION TO DRAINAGE ON A TENTATIVE PARCEL MAP,
PWO LOTS, AP 52-07-11, NORTH SIDE OF CRESTVIEW DRIVE, 900 FEET WEST OF
CRESTWOOD DRIVE,_PARADISE
-.... The public hearing on Tom Heustis appeal of Advisory Agency's
condition #6 related to a permanent solution to drainage on tentative
parcel map, two lots, AP 52-07-11, north side of Crestview Drive, 900
feet west of Crestwood Drive, Paradise was held at this times The
matter is mute after receiving letter from Mr, Heustis that the deposit
is acceptable.
APPEARANCE: PHIL MACE '
Mr. Mace presented the Board with a letter regarding the
Board's action last week to interim zone the south Chico area. He is
representing Midway Orchardso Midway Orchard has had a subdivision
project in process since December, 1977. They have spent over $50,000
for developing the project. The subdivision was the only economic
alternative because of the problems with the orchard. The Board intended
to exclude pending applications when the interim zone was approved.
The project is on file. In December, 1977 Midway Orchards were advised
to file a subdivision map before applying for cancellation of their
Williamson Act contract. When the Subdivision Committee reviewed the
map they felt that the contract should be cancelled-before the map was
acted upon. Midway Orchards did file a request to cancel the contract
and that is on appeal to the Board. They are willing to cancel the
application that is pending regarding the Land Conservation Agreement
and refile the application. The subdivision map application is on file
and has gone through environmental review. It is ready for completion
except for the technicality of the Williamson Act. contract, He requested
that the Board remove this property from the interim zone. The Planning
Commission on May 2, 1979 discussed an interim zone for that area and
felt that every application for development would be sent through appropriate
agencies within the county and could be controlled in that manner.
The Planning Commission agreed there was no need for an interim ordinance.
Dan Blackstock, county counsel, stated that it was his
understanding that the application has withdrawn their request for
subdivision review. Tf it went to hearing, it would be denied. The law
gives the Board the right to interim zone an area that is being studied.
They applied fox subdivision approval and when the matter of the Williamson
Act came up the Subdiv3s ion Review Committe was going to have to reject
the subdivision. There is no reason for the Subdivision Committee to hold
the application. He suggested that the matter be put up for hearing the
next time the Subdivision Committee meets if they .are holding the map.
Chairman Lemke stated that he did not feel that the Board should
take any action on this matter until the matter had been researched to
see what instructions were given to the Planning Director at the time the
Board considered the interim zoningo
Page 425.
June 19, 1479
June 19, 1979
79- 1055 CONTINUED. PUBLIC HEARING: REVENUE SHARING PROPOSED USE .HEARING - INPUT
b ON PROPOSED USES OF REVENUE SHARING FUND EXPENDITURES FOR NERT FISCAL YEAR
The public hearing on the revenue sharing proposed use hearing
for input on proposed uses of revenue sharing fund expenditures for next
fiscal year was held as continued.
Chairman Zemke stated that there is a memo from the Administrative
Office and a letter from Camp Woodhill.
Hearing open to the public. Appearing:
1. Marshall Ross, Chico Area Council on Aging, Meals on Wheels
Program. Mr. Ross read a letter regarding the Meals on Wheels program.
They received $7,500 for the fiscal year 1978-79. By June 30, 1979
8,196 meals will have been provided to residents of the unincorporated
areas of Chico, These meals are availaHe seven days a week, He requested
$7,500 of revenue sharing funds for the fiscal year 1979-80. He submitted
a written proposal.
2. Margaret Guttierrez, Camp Woodhill. Mrs.•Guttierrez stated
that Camp Woodhill was started about ten years ago for the physcially
and mentally handicapped. Last year they served about 70 persons from
Butte County. This year they expect about 35 people. She requested
revenue sharing in the amount of $23.42 per camper for 42 campers.
Far Northern Regional Center has been providing funds for the camp.
Because of Proposition 13 the funds are not available this year. This
does not duplicate the services of Area II Developmental Disabilities
Planning Board, They serve no programs. There are no funds available
from the Area II Board. The cost for each camper will be $180.42.
3. Michael Arens, Richvale Foundation. Mr. Arens stated that
the foundation provides necessary services to Richvale. They are helping
to keep the community informed. There is no other area for meetings.
The place is used continually throughout the year. He requested $3,500
to repair the paving in front of the center. He presented a Letter to
the Board.
4o Warren Rose, Richvale Airport. Mr. Rose stated that the
Richvale Airport is used for agriculture. The airport is on property
under a 99 year lease. Since this is a private airport they are not
entitled to a percentage of the gas for aviation fuel. He requested
that the Board allocate $7,500 far the repair of the truck loading area,
parking area and part of the airstrip,
5. Audrey Stephens, Richvale Volunteer Fire Department.
Mr. Stephens requested revenue sharing money for a pickup to have medical
aid equipment. The medical aid equipment is currently being stored on
the fire truck and it is .overloaded. Mr. Stephens read a letter requesting
$5,000 to $10,000 for a one ton pickup.
6, John Nobel, Chico. Mr. Nobel supported the new library
project in Chico which the Board has committed revenue sharing funds.
He was here because he heard the Board is considering reducing the size
of the library, He hoped that this was not the case.
7. Ramona Flynn, Chico. Mrs. Flynn concurred with Mr. Nobel_
and the efforts to building of the library. She was anxious to see the
library built as soon as possible.
Hearing closed to the public and confined to the Board.
Page 426.
June 19, 1979
79-
5!!
1056
1057
June 19, 1979
Supervisor Dolan stated that she had received letters from people
supporting the building of the library at the size recommended..
APPEARANCE: PATRICK PORGANS
Mr. Porgans spoke regarding the future of water development
in California and its relationship to Northern California supply.
3e has studied water development for the last eight years. He furnished
the Board with a copy of his presentation. He read the presentation at
this time.
RECESS: 11:55 a.m.
RECONVENE: 2:05 p.m.
;LOSED PUBLIC HEARING: BUTTE COUNTY PLANNING COMMISSION - DRAFT EIR AND
,ENERAL PLAN.. LAND USE ELE~TIT - CONTINUED TO JULY 31, 1979 AT 2:00 P.M.
The closed, public hearing on the Butte County Planning Commission
graft:environmental impact report and General Plan Land Use Element was
field as continued.
The following changes were made in the text at this time:
PAGE 55.
Delete entire gnage and add the following:
V, IMPLEMENTATION PROGRAM
A, LAND USE LAN MAPS
1. SCALE AND INTREPRETATION
The comprehensive land use map for Butte County is
essentially one official map. The land use element,
however, contains separate land use plan maps for each
of the areas around the four incorporated cities and
the community of Paradise. The designated land uses
for these areas are displayed on maps having a larger
scale than the over-all county comprehensive land use
map. The purpose is to provide greater detail for the
urban and community areas. The small communities in
the county will have maps of larger scale and detail
taken for these areas. As each urban area and each
community area map is amended and adopted, the detail
of land uses for these areas will be found on their
respective land use plan mapo
The Goverrnaent Code recognizes the general plan as
consisting of a diagram or map in addition to a text
which sets forth policies and standards for development.
Section 65302 reads:
"The general plan shall consist of a statement
of development policies and shall include a
diagram or diagrams and text setting forth
objectives, principles, standards and plan
proposals."
The test defines guidelines for development and
establishes the f~newark. for making judgments and
decisions on land use and planning concerns.
Page 427.
June ~19, 1979
June l9, 1979
When this general plan is reviewed as to consistency
with any project, reliance for any findings of consistency
or inconsistency shall not be solely based on the land use
map.
As an example, Government Code § 65860 defines the require-
went of consistency as regards rezoning as:
"The various land uses authorized by the ordinance
are compatible with the objectives, policies, general
land uses, and programs specified in such a plan."
Government Code 5~ 66473.5, dealing with subdivisions, in
defining consistency, states:
"A proposed subdivision shall be consistent with
a general plan or a specific plan only if the local
agency has officially adopted such a plan and the
proposed subdivision or land use is compatible with
the objectives, policies, general land uses and
programs."
Government Coda ~ 65402 requixes that prior to acquisition
or disposition of property that such proposed action be
reviewed as to "conformity" with the general plan.
Thus it is readily apparent that the required consistency
finding for either a subdivision or zoning may not be based
solely on a map determination, but rather, upon the
objectives, policies, general land uses and programs
specified in the entire general plan.
Due to their "general" and long-term nature, land use plan
maps do not need, nor ordinarily show, precise locations and
definite boundaries. For this reason, land u'se plan maps
do not operate as, or in the place of, zoning maps.
IMPLEMENTATION'
a. Land use plan maps are and shall be printed on a scale
of 1" = 4 miles for rural areas and 1" = 2,000 feet
for urban areas.
b. The decision-making agency shall decide which land use
category is the more appropriate where development
sites are split by or adjacent to indefinite categ.gry
boundaries not following known physical features or
property lines. •
c. Proposed uses that would be inconsistent with the land
use plan map designations, but are surrounded by and
contiguous to similar existing uses shall be considered
consistent with the land use plan map.
Page 56, Delete first and second paragrahs lines 2 to 12,
Pages 57 & 58. Delete line 50 to 56 on page 57. Delete line
to 3 on page 58 and add the following:
It is important to note that the urban categories (residential,
commercial and industrial) require zoning which allows urban uses and
Page 4280
June 19, 1979
•
79
June 19, 1979
densities immediately. The greater range of consistent zoning classifications
allowed in the rural categories (Orchard and Field Crops, Grazing-Open Land,
Timber-mountain and Rural Residential), places more attention and emphasis
on zoning Go determine densities. This distinction in density limitations
encourages the early development of urban designations and discourages
the premature conversion of resource production areas to more intense
uses.
Paee 58. line 4. Start line with:Althougho
Page 58. Line 14. Add the following at the end of the sentence:
as soon as practical.
Pale 57, Line 25. Delete: or unclassified zones.
Page 59.
No changes<
Pie 60~ Line 20. Add: or any other plans adopted by the
Board of Supervisors.
Paee 61.
No changes.
Page 62. Imnlementation(a). Change to read: The county will
review development of policies and proposals for both county and city
general plans with incorporated cities.
Under implementation. Add: In the spirit of cooperationo
Page 63.
Delete: Lines 37 to 39.
Line 29. Delete: In 1974 and change to read: The Butte County
LAECo adopts spherzs or long-range service plans far all the cities and
districts in the County, taking into account,, existing boundaries, natural
and man-made features, service capabilities and the probable future service
needs of the area based on growth trends, population projections and the
Butte County General Plan and appropriate City General Plan.
Pa es 64 & 65. Line 32. Delete: justification for all.
Pale 66. Line 31:. Delete: all,and add: the reasonable.
Pa~,e 67< Line 52. Delete: original development,and add:
revision.
Page 68.
No changes.
RECESS: 3:17 p.mo
RECONVENE: 3:27 p.m.
Page 67._Lnes 35 & 36. Delete: and the State Office of Planning
and Research.
Page 429.
June 19, 1979
June 19, 1979
_ _ _ _ _ _ _ _ _ _ _ = T ~ ~ _ ~ _ _ _ _ _ _ _ - . ~ _ ~ .. ~ . a
79- On motion of Supervisor Winston, seconded by Supervisor Moseley
vile and carried, a motion of intent to approve the text of the Land Use Element
as amended on reprint February 1979 was approved and the amended Land Use
Element was referred back to the Planning Commission for consideration
of the amendments and requested the Planning Commission hold additional.
public hearing on the Land Use Map for the benefit of those that have
had no input into the Land Use Map changes and that this is to be additional
hearing or hearings as necessary.
The hearing on the Land Use Element was continued to July 31,
1979 at 2:00 p.m.
Planning Director requested to write letter to Mr. Geiger,
Butte County Farm Bureau, notifying him of the time and place of Planning
Commission hearings.
The letter from Mr. Garcia with a map of his property was to be
considered at the time of the Planning Commission hearings.
1058 ADDITIONAL MATTER PRESENTED BY CHAIRMAN LEMKE
Chairman Lemke directed Counsel to look into the letter to
the Editor of the Enterprise-Recoxd from Glen Douthit in which he has
made some charges regarding house cleaning in government at all levels
beginning at the local level and the item regarding money they have
stolen.
ADJOURNMENT
There being nothing further before the Board at this time, the
meeting was adjourned at 3:35 p.m. to reconvene on Tuesday, June 26, 1979
at 9:00 a.m.
ATTEST: CLARK A. NELSON, COUNTY CLERK-
RECORDER and ex-officio Clerk
of the Board of Supervisors ./
Chairman, Board of Supervisors
By
Page 430.
June~l9, 1979