HomeMy WebLinkAboutM081280August 12, 1980
STATE OF CALIFORNIA )
SS.
COUNTY OF BIFPTE )
80_ The Board of Supervisors met at 9:00 a.m. pursuant to recess.
~ Present: Supervisors Dolan, Moseley, Wheeler and Chairman Lemke. Clif
Nickelson, administrative officer; Dan Blackstock, county counsel, by
Leo Battle, deputy county counsel; and Clark A. Nelson, county clerk,
by Cathy Pitts, assistant clerk to the Board. Absent: Supervisor Winston
Pledge o£ Allegiance to the Elag of the United States of America
Invocation by Supervisors Moseley
1299 APPROVAL OF MINUTES .
On motion of Supervisor Wheeler, seconded by Supervisor Moseley
and carried, the minutes of August 5, 1980 were approved as mailed.
EXECUTIVE SESSION: The Board recessed at 9:04 a.m, to hold an executive
session regarding personnel matters and meet and confer.
RECONVENE: The Board reconvened at 9:49 a.m. following an executive session
regarding personnel matters and meet and confer. No announcements
to be made at this time.
SUPERVISOR WINSTON PRESENT AT THTS TIME
1300 ADOPT RESOLUTION 80-168 EXPANDING THE PRIVATE INDUSTRY COUNCIL EPIC)
MEMBERSHIP
On motion of Supervisor Winston, seconded by Supervisor Dolan
and unanimously carried, Resolution 80-168 expanding the Private Industry
Council (PIC) membership to include an agricultural representative and
CETAC Chairman was adopted and the Chairman authorized to sign.
1301 CONCUR WTTH PRIVATE INDUSTRY COUNCIL (PTC) PLAN
On motion of Supervisor Dolan;:,seeonded by Supervisor Wheeler
and carried, the Board concured with the Private Industry Council (PIC)
.plan. AYES: Supervisors Dolan, Moseley, Wheeler and Chairman Lemke.
NOT VOTING: Supervisor Winston
1302 APPROVE CETA 1981 ANNUAL PLAN FOR SUBMISSION TO DEPARTMENT OF LABOR
Discussion of the 1981 annual plan fvr CETA held at this time.
.Tim Rackerby, personnel director, set out the background of the change
in the annual plan. Staff is recommending that the O.TT program be done
in-house and not done with EDD as has been done in the past.
Rod Sandretto, EDD, stated he had sent the Board a letter
which covers his presentation to the Board.
Discussion of reference to Board policy held at this time. Mr.
Rackerby stated that in the original establishment of the manpower program
the direction his office had was that the county wanted to minimize
the amount of overhead and administrative costs. When CETA came along
the Board affirmed that and the CETA staff expanded. They did not
contract out with non-profit organizations. Many agencies in the state
contracted their services nut. After a couple of years these counties
found they had lost the administrative control over the program. What had
a significant impact on the counties was the re-legislation of CETA in
1978 that said any error on the part of the subcontractor would be
the responsibility of the lead agency. That agency would have to absorb
the cost if the subcontractor did not pay for the error. That was when
they relooked at the contracts and analysed O,TT along with the other
programs.
Page 139.
August 12, 1980
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- Mr. Rackerby stated that the reason for the removal of the -
eligibility participation from EDD was because of the errors by EDD.
If EDD makes a mistake it is a county cost. They now have people in-house
that have run OJT for private non-profit ofganizations in other areas.
They have a survey by the College. They have an obligation under the
law now. They must now offer abroad range of participation to all sectors.
They will be doing this next year in addition to what EDD will be doing.
It is a timely point to consolidate one small portion of the program
back into the local administration where it belongs. The cost for
EDD running the program is $81,000 and the cost for the county to run
the program is $50,000.
Supervisor Winston stated the Board had a letter from James
Ryan, chairman of CETAC, asking that this matter go back to the Council
for further discussion and recommendation.
It was moved by Supervisor Winston seconded by Supervisor Moseley
that the plan be left like it is with EDD doing the OJT.
Mr. Rackerby stated that Mr. Sandretto was suggesting that
the state operate local programs.
Supervisor Moseley withdrew her second.
Mr. Rackerby stated that CETAC was to meet last week to review
the plan. They had submitted the plan earlier. This has never been in
the plan for EDD to have the contract. He was recommending that this
be run in-house.
Motion withdrawn.
It was moved by Supervisor Winston, seconded by Supervisor Moseley
that the county continue with EDD for the 1980-81 year.
Supervisor Winston hoped that this matter would be discussed
at the CETAC meeting very thoroughly.
Mr. Sandretto asked if the Board would care to state the
perameters for the study or discussion. Because of the salary situation
between the county and the state, the county could run the program at a
cheaper price, but EDD has had a good showing.
Supervisor Winston felt the desired result was to take the
unemployables and take them to a position where they can be employed.
If EDD is doing this for 100 people at $70,000 and the County is doing
this for 50 people at $50,000 the county would be looking to EDD to
do the job.
The study was referred to CETAC for the plan and to make
recommendations back to the Board.
Discussion of possible duplication of effort between agencies
held at this time. Mr. Sandretto stated that his department is required
to locate employment for people. If the county takes over the OJT program,
EDD will no longer talk OJT. They will continue to try and locate Sobs
for people whether they are involved in OJT or not. They will be contacting
employers. They are alsn the placement office o£ Butte College. The
ability to have OJT as one item when they are talking to potential
employers is something that enhances the job ability of their department.
There have been times when they have been able to place two individual~•
with an employer after he has taken an OJT participant.
Page 140.
August 12, 1980
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Motion amended: the 1981 CETA annual plan was adopted with
the exception that the county •. .i''. contract for OJT with EDD will be
renewed for one year.
Vote on motion:
AYES: Supervisors Dolan, Moseley, Wheeler, Winston and
Chairman Lemke
NOES: None
Motion carried.
1303
ADOPT RESOLUTIONS 80-169 & 80-170: PUBLIC HEARINGS: BILL BIRGE AND
TERRY LOGUE ABANDONMENT OF PUBLIC UTILITIES EASEMENT TN PARABISE PINES
AREA
-The public hearing on the following was held as advertised:
1. Bill Birge abandonment of public utilities easement, Lot 152,
Paradise Pines ~d2.
2. Terry Logue abandonment of public utilities easement,
Lot 2, Paradise Pines Unit 4.
Bettye Blair, planning director, set out the background of
the abandonments.
Hearing open to the public. Appearing: No one.
Hearing closed to the public and confined to the Board.
1304
On motion of Supervisor Moseley, seconded by Supervisor Dolan
and unanimously carried, the following resolutions were adopted and
the Chairman authorized to sign:
1. Resolution 80-169 abandonment of public utilities easement,
Lot 152, Paradise Pines #2.
2. Resolution 80-170 abandonment of public utilities easement,
Lot 2, Paradise Pines Unit 4.
ADOPT ORDINANCE 2130: PUBLIC HEARING: LEE COLBY - PROPOSED NEGATIVE
DECLARATION AND REZONE FROM "C-1" (LIGHT COMMERCIAL) TO "M-1" (LIGHT
INDUSTRIAL), PROPERTY LOCATED ON THE EAST SIDE OF LINCOLN BLVD, APPROX.
1,320 FEET TO 3,300 FEET SOUTH OF MONTE VISTA, IDENTIFIED A5 AP 36-20-7
27 & 28 OROVILLE
The public hearing on Lee Colby proposed negative declaration
and rezone from "C-1" (light commercial) to "M-1" (light industrial),
property located on the east side of Lincoln Boulevard, approximately
1,320 feet to 3,300 feet south of Monte Vita, identified as AP 36-20-7,
27 and 28, Oroville was held as advertised.
Bettye Blair, planning director, set out the background of
the rezone.
Earl Nelson, environmental review director, set out the
background of the negative declaration.
Hearing open to the public. Appearing: Lee Colby. Mr.
Colby spoke in favor of the rezone.
Hearing closed to the public and confined to the Board.
Page. 141,
August 12, 1980
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- On motion of Supervisor Winston, seconded by Supervisor Moseley
snd unanimously carried, finding the proposed project could not have a
significant effect on the environment, a negative declaration was accepted.
On motion of Supervisor Winston, seconded by Supervisor Moseley
and unanimously carried, finding the proposed rezone is in conformance
Faith the General Plan and in the best interest of the public, the rezone
from "C-1" (light commercial) to "M-1" (light industrial), property located
on the east side of Lincoln Boulevard, approximately 1,320 feet to
3,300 feet south of Monte Vista, identified as AP 36--20-7, 27 and 28,
Oroville was approved; Ordinance 2130 was adopted and the Chairman authorized
to sign.
PUBLIC HEARING: HAYDEN RITCHEY - APPEAL OF ADVISORY AGENCY'S DENIAL OF
PROPOSED CONDITIONAL NEGATIVE DECLARATION AND TENTATIVE PARCEL MAP,
AP 62-51-43 & 44, FOUR LOTS, SOUTH SIDE OF BALD ROCK ROAD, APPROX.
1/4 MILE EAST OF OROVILLE-QUINCY HIGHWAY, BERRY CREEK AREA - CONTINUED
TO SEPTEMBER 16, 1980
The public hearing on Hayden Ritchey appeal of Advisory
Agency's denial of proposed conditional negative declaration and tentative
parcel map, AP 62-51-43 and 44, four lots, south side of Bald Rock Road,
approximately 1/4 mile east of Oroville-Quincy Highway, Berry Creek area
was held as advertised.
Earl Nelson, environmental review director, set out the background
of the negative declaration. The recommendation was for a conditional
negative declaration with mitigation for erosion control and drainage.
Erosion control is the main concern. The map was recommended for denial
because of the lack of fire protection. There is some concern with the
fact these are small lots and there are other small parcels in the area.
Hearing open to the public. Appearing: Mike Evans, representing
Mr. Ritchey. Mr. Evans stated that they received a memo from the Planning
Department prior to submitting the map that says it is in cnnformity with
the General Plan. They submitted an application on the basis of the
memo and dug wells and took deep soil tests. The Advisory Agency denied
the map on the basis of the fire response times. Mr. Evans submitted a
copy of the memo to the Board at this time. He felt that the better
way to go on situations of this type is to say there are requirements
for fire protection that must be mat. He felt that the water tanks would
perhaps be better done during the building stage as opposed to the
map stage. The map stage is nothing more than drawing lines on a map.
He felt that when the parcel was developed fire protection requirements
should be required, The fire Department is asking for a water tank and
that the brush be removed.
Hearing closed to the public and confined to the Board.
Bettye Blair, planning director, stated she hoped that the
fire protection standards would be coming forward to the Board in the
near future. This is why she took the position she did in the Planning
Director's report relative to an alternative of continuing this matter
until after the Board had taken action on the fire protection standards.
Ms. Blair stated that meeting the requirements of the Eire Department
would be conditions to allow the filing of the final map. The thread
of requiring the conditions does not exist after the final map has been
filed. She did not know hum the Board could assure that the
conditions would be met at the building permit level.
Del Siemsen, deputy county counsel, stated that the Board
could not apply the fire requirements to the building permits at this time.
Page 142.
August 32, 1980
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August 12, 1980
SUPERVISOR WI3EELER ABSENT ATTTHIS TIME-
Supexvisor Winston did not know how the county-could prevent
fires with words. He went into afire situation yesterday in the Craig
Mooretown Ridge area. The fire started with a young boy playing with
matches. Shortly before that time, he had gone to a piece of property
with Eire Warden, Teie and found a squatter with four people living in
a tent smoking in grass up to the shoulders. This property was heavily
wooded. As long as there are people there will be fires. The Fire
Department's prime responsibility is to the protection of the forest
and secondly to the protection of structures. If a person choses to
build a home in one of the unprotected areas he felt they had that right
to do so as long as he know the fire will cause the loss of the home.
He did not feel that government should assume the responsibilities for
the people in every phase of their lives.
William Teie, fire warden, stated that they will be distributing
the draft of the fire protection standards today. There will be staff
review and the draft should be to the Board within about 30 days.
The hearing was continued to September 16, 1980 at 10:00 a.m.
1306
SUPERVISOR WHEELER PRESENT AT THIS TIME
PUBLIC HEARING: ART WARNKE - APPEAL OF PROPOSED NEGATIVE DECLARATION AND
DENIAL OF TENTATIVE PARCEL_MAP, AP 47-25-143, THREE LOTS, WEST SIDE OF
HICKS LANE 1 800 FEET SOUTH OF CHICO ROAD CHICO AREA
The public hearing on Art Warnke appeal of proposed negative
declaration and denial of tentative parcel map, AP 47-25-143, three lots,
west side of Hicks Lane, 1,800 feet south of Chico Road, Chico area was
held as advertised.
Hearing open to the public. Appearing:
1. Cal Bachman, representing Mr. Warnke. Mr. Bachman stated
that the map was denied on the basis that it did not meet the General Plan.
He contended that it does meet the General Plan. He is asking for three
one acre parcels. The gross acreage is one acre. Most of the parcels
in that area are based on gross acreage. The landmarker comes just by
the bridge off Keefer Slough.
2. Russ Croninger, Ringel and Associates. Mr. Croninger
stated that he had clients who have groperty across the street from this
proposed parcel map. Their proposed parcel map has been continued twice
waiting for a decision of the Board on this appeal. During the Advisory
Agency meeting on Monday he was told that they would like to continue
the matter as the Board will be considering the airport rezone area
within the SR-l zoning. This area is in the agricultural residential
designation on the General Plan. The Planning Director's report for
their project says it is not suitable for a maximum of one acre lots.
The compatibility with the neighboring agricultural uses is questionable.
If it is approved it will be a growth inducive precedent in the area.
He did not see any agriculture in the area. He felt this was the best
use of the land. He felt the area did meet the General Plan.. The area
is zoned "A-2" zoning. He would like to see the property zoned "SR-1"
zoning. This area is adjacent to but clear of the Chico clear zone for
the airport. Granted there are large parcels to the south and to the
west of this property.
Bettye Blair, planning director, commented on the General
Plan designation for this property. It was designated agricultural
Page 143.
August 12, 1980
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August 12, 1980 _ _
residential in October. -The General Plan talks about agricultural residential
designation on page 49. There-are certain zones that are consistent with
the designation and others that might be consistenC with the designation.
She could not envision all of the agricultural residential designations
as one acre is size. The Hagenridge area is three acre parcels and some
of those have been divided. A gross acreage would conform if and when
the Board adopts the amendment to the subdivision ordinance.
Hearing closed to the public and confined to the Board.
On motion of Supervisor Wheeler, seconded by Supervisor Dolan
and unanimously carried, finding the proposed project could not have
a significant effect on the environment, a negative declaration was
recommended.
It was moved by Supervisor Wheeler, seconded by Supervisor Moseley
that the appeal of Art Warnke be upheld; the tentative parcel map,
AP 47-25-143, three lots, west side of Hicks Lane, 1,800 feet south of Chico
Road, Chico area be approved finding that it does conform to the General
Plan and it does meet the criteria as set forth in the General Plan as
set forth on Page 49 and all criteria in the agricultural residential
zoning subject to the following conditions:
1. Provide 2-way traversable access ItS-B-LD-III to each parcel from
a county maintained road or state highway.
2. Access to be reserved in deeds as per County Ordinance and offered
for dedication on the final map.
3. Show 50--ft. building setback line measured from centerline of
access easement.
4. Provide road maintenance agreement.
5. Show all easements of record on the final map.
6. Provide street name signs per requirements of the Department of
Public Works prior to recordation of the final map.
7. Provide permanent solution for drainage.
8. Pay off any assessments.
9. Obtain encroachment permit and construct standard road approach
providing adequate sight distance.
10. Pay any delinquent taxes.
11. Meet the requirements of the Butte County Fire Department.
12, Provide circulation.
13. Provide an area for wells and a one hundred foot leachfield
setback from those areas on each parcel
14. Provide a one hundred foot leachfield setback around existing
wells; either within the property or within one hundred feet of
the property boundaries.
15. Provide the required usable sewage disposal area on each parcel.
Page 144.
August 12, 1980
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Supervisor Dolan questioned the condition relative to provide
permanent solution to drainage. She also had a question regarding the
condition to provide circulation. Did this refer to the outside area.
Clay Castleberry, public works director, stated that he had
been discussing the drainage situation and the master storm drainage
plans with Mr. Minasian. They will be making a presentation to the Board.
Some of the property owners on the west side are willing to form a district
if the county will form a district on the east side. There is no permanent
solution to drainage at the present time. He felt that the proposal
regarding drainage would be before the Board before the map is ready to
be filed as a final map. He will be able to work with the developer on
the circulation requirement. There is a question because of the cul-de-sac.
It exceeds the amount required and the Board would have to give an
exception to the cul-de-sac requirement.
Vote on motion:
AYES: Supervisors Moseley, Wheeler, Winston and Chairman Lemke
NOES: Supervisor Dolan.
Motion carried.
**
1307
RECESS: 10:55 a,m.
RECONVENE: 11:10 a.m.
ADOPT ORDINANCE 2131: PUBLIC HEARING: BUTTE COUNTY PLANNING COMMISSION -
PROPOSEA NEGATIVE DECLARATION AND REZONE FROM '•'~L-2" (GENERAL), "P-Q"
(PUBLIC - QUASI PUBI:IG) AND "S-H" (SCENIC HIGHWAY} to "A-5" (AGRICULTURAL
.5 ACRE PARCELS) AND "A-40" (AGRICULTURAL - 40 ACRE PARCELS) FOR COUNTY
DUMP SITE AND SURROUNDING AREA LOCATED ALONG BOTH SIDES OF CLARK ROAD
(HWY 191) FROM TOWN OF PARADISE LIMITS SOUTH APPROX. ONE MILE PARADISE
The public hearing on Butte County Planning Commission proposed
negative declaration and rezone from "A-2" (general), "P-Q" (public -
quasi public) and "S-H" (scenic highway) to "A-S" (agricultural - five
acre garcels) and "A 40" (agricultural - 40 acre parcels) for county
dump site and surrounding area located along both sides of Clark Road
(highway 141) from Town of Paradise limits south approximately one
mile, Paradise was held as continued.
Hearing open to the public. Appearing: No one.
Hearing closed to the public and confined to the Board.
Chairman Lemke felt that Cecil Johnson's property should be
excluded from the rezoning. He felt the highest and best use for that
property would be residential. He did not feel the Board should zone
that property "A-40" zoning at this time.
On motion of Chairman Lemke, seconded by Supervisor Wheeler
and unanimously carried, finding the praposed project could not have
a significant effect on the environment; a negative declaration was
recommended.
On motion of Chairman Lemke, seconded by Supervisor Wheeler
and unanimously carried, the rezone from "A-2S' (g~neial); "P-Q" _(public -
quasi,,publi¢)°and "S-H"-(scenic highway) to "A-5" (agricultural - five
acre parcels) and "A-40° (agricultural -- 40 acre parcels) for county dump
site and surrounding area located along both sides of Clark Road
(Highway 191) from Town of Paradise limits south approximately one mile,
raradise with the exclusion of the Cecil Johnson property was approved
finding it consistent with the~General Plan; Ordinance 2131 was adopted
and the Chairman authorized to sign.
Page 145. August 12, 1980
August 12, 1980
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ENVIRONMENTAL HEALTH DEPARTMENT TO CONTACT NORTH BURBANK UTILITY DISTRICT
RE: COMPLAINT ABOUT SEF7AQE PROBLEM TN KELLX RIDGE AREA
Wade McCarthey spoke regarding a problem with the sewers in
the Kelly Ridge area. He submitted a petition to the Board in June,
1979 requesting that something be done about the odor from the
sewers in the Kelly Ridge area. There was some activity: with North
Burbank Utility District. The problem still exists. He has discussed
the problem with the California Department of Forestry. There are some
very large willows growing between Copely and Lodgeview. He felt there
was some type of fracture in the pipeline. They have not found anywhere
where sewage has surfaced. They are getting the odor of the sewage.
He felt that someone should take a soil sample along the pipeline.
Lynn Vanhart, environmental health director, stated that
they had investigated the problem. At that time the odor seemed to
be coming from the clubhouse. The clubhouse has a pumping station.
The problem seemed to be that the sewage stood overnight and when it
was pumped out the gas' would vent through the manholes. The people
in Kelly Ridge were doing the pumping more often. He checked the lines with
North Burbank Utility District. They could find no evidence of a
broken line. There does seem to be some green ground along the line but
also khis is the natural drainage line for the area. He would be happy
to meet with North Burbank Utility District and see if they could find
the answer. They will check with the people in Kelly Ridge.
Mrs. Danenhouser spoke regarding the odor in the area. Since
June 3, 1980 she has had sixteen consecutive instances of the odor. Three
of these instances lasted from one hour to an hour and one-half.
She felt that a soil test would show there was bacteria.
The Health Department was instrucked to follow up with the
North Burbank Utility District and do everything that can be done to
alleviate the problem.
ADOPT RESOLUTION 80-171 AUTHORIZING SUBMITTAL OF REQUEST FOR GRANT
FUNDS FROM JUDICIAL COUNCIL JURY UTILITIZATION GRANT PROGRAM
On motion of Supervisor Wheeler, seconded by Supervisor Dolan
and carried, Resolution 80-171 authorizing submittal of a request for
grant funds from Judicial Council Jury Utilization Grant Program
(LEAA Grant for Jury Studies) was adopted and the Chairman authorized
to sign. AYES: Supervisors Dolan, Moseley, Wheeler and Chairman Lemke.
NOES: Supervisor Winston.
PLANNING STAFF INSTRUCTED TO LOOK INTO THE SPECIFIC DENSITY REQUIREMENTS
FOR THE INDIVIDUAL ZONES
Lynn Dempsey spoke regarding the problem of the multi-dwelling
project in Durham. There will be 28 three bedroom apartment complex
built in an "R-3" zone. She understood the problems and concerns of
each side. There is a problem of density. The General Plan shows the
land use as medium density. The "R-3" zone calls for medium density.
The plan developed for this area for 2.3 acres is high density. The
problem comes in the definition of what is high versus medium density.
There is nothing writken out setting out which is medium and which is
h~,gh density. She felt there should be a definition on specific
density requirements-put in the zones.
Bettye Blair, planning director, stated that the resolution of
'ithis problem would be fox the density requirement to be drafted into
'the specific zone that sets forth the number of units per acre in a
particular zone. The General Plan talks about medium density being
five to eight units per acre. The Planning Commission and the Board
have made the density for "R-3"~€~e to eight or nine to twelve units
per acre. Page 146.
August 12, 1980
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August 12, 1980
Discussion of whether the Board could put an inte im zone on
the groperty held at this time. Del Siemsen, deg4 countounsel, stated
that the law requires that an area would have a potential /oning under
study or anticipated to be studied. The purpose of an interim is to
prevent degradation of the area. The Board has in the past determined
that the mere application is a vested interest. There has been no
court case saying that an application is a vested interest. The cases
required more.
The Planning staff was instructed to look into specific numbers
for density requirements in zones.
Tom Beer spoke regarding the multi--dwelling project in Durham.
He had submitted a petition to the Board of 12B names in opposition to
this project. He was concerned with the high density problem. The
interim zoning requested did nat go through. He felt there would be many
problems with this type of development in a small area. He did not agree
with. the environmental review board.
Chairman Lemke advised Mr. Beer that the project had been approved
because it fits in the zoning and the General Plan. There is no appeal
of the granting of a septic tank permit. The Board is unable to help
solve the problem.
George Leeds. Mr. Leeds stated he lived across the street
from the proposed project in Durham. He wanted to know if the developers
were going to be required to take ten feet off each side of the
road in order to improve Goodspeed. He was opposed to the developer
being allowed to take ten feet from his property..
Mr. Leeds was advised that the developer is not being required
to obtain right-of-way for the improvement to Goodspeed. All improvements
would be done on the public right-of-way.
ADOPT SPECIFICATIONS - COUNTY SERVICE AREA ~~37 (GRIDLEY-BIGGS AMBULANCE):
AUTHORZE CALL FOR BIDS TO BE OPENED IN PURCHASING OFFICE
Qn motion of Supervisor Winston, seconded by Supervisor Moseley
and unanimously carried, the specifications for the County Service Area
No. 37 (Gridley-Biggs Ambulance) service contract were adopted; the call
for bids to be opened in the Purchasing Office on September 10, 1980 at
2:30 p.m. was authorized.
DECLARE TREES SURPLUS AND AUTHORIZE PURCHASING OFFICE TO DISPOSE OF THEM
On motion of Supervisor Moseley, seconded by Supervisor Winston
-and unanimously carried, 18 dead walnut trees and stumps in the Chico
area were declared surplus and the Purchasing Officer was authorized to
dispose of them to the highest bidder.
AWARD BID - TRANSIT BUSES
On motion of Supervisor Wheeler, seconded by Supervisor Dolan
and unanimously carried, the bid fof four 14 passenger buses at a unit
price of $58,443 which includes an additional $318 for spare seat cushions
with the total award including sales tax being in the amount~of $248,116.32
was awarded to United Bus Sales, Inc.
PUBLIC HEARING DATE SET
A public hearing date of August 26, 1980 at 10:30 a.m. was set
for consideration of per parcel service charges for various County
Service Areas in order to continue present services.
Page 147.
August 12, 1980
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- _ _ _ _ _ _ -_ _ _ _ =August 12 ~ 1980 - ~ _ _ _ _ _ _ = _ _ _ -
Jim Johansen, auditor, stated he was concerned with the request
for a per parcel service charge for County Service Area 53 because of
AB 618 which deals with police and fire special districts. In order to
have a service charge one of the primary distinctions is that the benefit
is readily identifible... He recommended that in this particular case
that the Fire Department and the Planning Department attempt to identify
the benefit on the individual parcels.
Fire Department instructed to work on information as to whethex
CSA 53 is receiving above normal coverage from the county and report
back to the Board on August 26, 1980 at 10:30 a.m.
APPROVE BUDGET TRANSFERS
On motion of Supervisor Dolan, seconded by Supervisor Wheeler
and carried, the following budget transfers were approved:
B-1 - Community Action Program. Establishes the 1980 Summer Youth
Recreation Program funding in the amount of $12,033 with funding coming
from federal aid. The grant covers the period June 1, 1980 to September 30,
1980.
B-2 - Community Action Program. Establishes the budget fox the
1980 Community Action Agency's Summer Food Program grant in the amount of
$8,917 with funding coming from federal aid. The grant covers the period
June 16, 1980 through August 29, 1980.
B-3 - Commun_itg Action Program. Establishes the budget fox the
1980 Community Action Agency Rural Home Repair Program contract in the
amount of $18,000 with funding coming from federal aid. The contract covers
the period May 1, 1980 through August 31, 1980.
B-4 - Community Action Program. Establishes the budget appropriation
for the Community Action Agency 1.980 cost of living, training and
technical assistance, special health grant, handicapped grant and carry-
over grants in the amount of $137,496 as approved by the Departmentr•bf
Health, Education and Welfare. The budget is comprised of federal aid
in the amount of $110,776 and in-kind contributions of $26,720.
AYES: Supervisors Dolan, Wheeler and Chairman Lemke
NOES: Supervisors Moseley and Winston
APPROVE SENIOR RECREATION PROGRAM - CITY OF GRIDLEY CONTRACT (CAA)
On motion of Supervisor Moseley, seconded by Supervisor Wheeler
and unanimously carried, the contract with the City of Gridley for the
Community Action Agency to provide administrative support to the city's
Senior Recreation Program in the amount of $1,234.79 and covering the
period August 1, 1980 through June 30, 1981 was approved and the Chairman
authorized to sign.
APPROVE VARIANCE RENEWAL - HAROLD J. AND RUTH E. LANEY
On motion of Supervisor Wheeler, seconded by Supervisor Winston
and unanimously carried, the renewal of variance to Sections 19-10 and/or
19-12 of the Butte County Code for placement of a mobile home on
AP 28-19-26, 305 Dunstone Drive, Oroville area, zoning: "A-5" for
Harold J. and Ruth E. Laney was approved.
APPROVE PUBLIC WORKS ITEMS
On motion of Supervisor Moseley, seconded by Supervisor Dolan
and unanimously carried, the following Public Works items were approved:
Page 148,
August 12, 1980
C~ ~_
~~-~ c~
~6 _ ~ ~
~~ - 7~'
80-
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1319
' 1320
August
1. Authorized refunc
$5,454 for Gary Dykes that was
map for AP 47--26-177, property
2,100 feet east of Highway 99E
2. Accepted the rm
Subdivision Unit ~~2; authorize
performance bonds and commencE
arcel
~~-Q~s oad,
~ ~ '~o~-~ 7 woo
and
3. Accepted the road and drainage improvements for~io`r.'th Park
Subdivision, Phase 1; authorized the release of labor and materials and
performance bonds; and commenced the one year maintenance period.
4. Approved the contract with GalTrans in the amount of $3,000
to provide maintenance of county traffic signal installations at various
locations in the 1980-81 fiscal year and the Chairman authorized to sign.
5. Accepted the work of Ferrante Construction Co. for bike
pathway, Southern Pacific Railroad at CSU, Chico, BP 78-1; authorized the
Chairman to sign the notice of completion and directed the Clerk to file
said notice with the Recorder.
6. Approved the contract amendment with the Neal Road Landfill
Company for the operation of the landfill which extends the contract through
1993 with a 120 day cancellation provision with contractor to keep all gate
fees and pay the county $13,000 per year; the gate fee increase is to be
implemented within 60 days and enforced for at least a three year period;
the Chairman authorized to sign; and the new fee increases were approved.
ADOPT RESOLUTIONS 80-172, 80-173 & 80-174 RE: SETTING PUBLIC HEARING DATES
FOR ABANDONMENT OF PUBLIC UTILITIES EASEMENT AND RECREATIONAL EASEMENTS
TN PARADISE PINES AREA
On motion of Supervisor Dolan, seconded by Supervisor Wheeler
and unanimously carried, the following resolutions were adopted:
1. Resolution 80-172 setting a public hearing date of September 16,
1980 at 11:15 a.m. for consideration of Myron 0. Stolle abandonment of
public utilities easement and recreational easement, Paradise Pines No. 15,
Lot 97.and the Chairman authorized to sign.
2. Resolution 80-173 setting a public hearing date of September 16,
1980 at 11:15 a.m. for consideration of Leo J. Brunski abandonment of
public utilities easement, Paradise Pines No. 4, Lot 142. and the Chairman
authorized to sign.
3. Resolution 80-174 setting a public hearing date of September 16,
1980 at i1:I,5 a.m. for consideration of Frank Correia abandonment of
',public utilities easement and recreation easement, Paradise Pines No. 12,
'Lot':120 and the Chairman authorized to sign.
PUBLIC HEARING DATE SET
The following public hearing dates were set:
1. A public hearing date of September 23, 1980 at 1Oc15 a.m.
was set fox consideration of M. W. Balken proposed negative declaration and
rezone from "TM-10" (timber mountain -- ten acre parcels) to "TM-5" (timber
mountain - five acre parcels), property located on the west side of
Coutolenc Road, approximately 300 feet north. of Ponderosa Way, identified
as AP 65-23-2, north of Paradise.
Page 149.
August 12, 1980
August 12z 1980
80- 2. A public hearing date of September 23, 1980 at 10:30 a.m. was
~i set for consideration of Theron Walker and Jim Moore proposed negative
declaration and rezone from "A-2" (general) to "FR-5" (foothill recreational
five acre parcels), property located on the east and west. sides of Oregon
Gulch Road from Condor Road 1/2 mile south and on the east side of Cherokee
Road from Condor Road 1/4 mile north, identified as AP 41-25-29, north
of Oroville.
3. A public hearing date of September 23, 1980 at 11:15 a.m. was
set for consideration of B. A. and B. J. Smith rezone from "A-R" (agricul-
rural - residential) to "AR-MH" (agricultural residential - mobile home),
property located on the south side of Lower Wyandotte Road, approximately
l/2 mile east of Upper Palermo Road, identified as AP 36-31--88, south of
Oroville~ (item categorically exempt from environmental review).
1321 AUTHORIZE LETTERS TO LEGISLATORS IN SUPPORT OF AB 2827 (IMBRECHT) RE:
APPROPRIATION OF STATE FUNDS FOR GRANTS TO COUNTIES TO COMPUTERTZE
ENVIRONMENTAL DECTSION MAKING PROCESS
Earl Nelson, environmental review director, set out the background
of Assembly Bill 2827 (imbrecht) relative to the appropriation of state
funds for grants to counties to computerize the environmental decision
making process. They-have been looking into the potential of using
computers to expedite the environmental review process. This bill
would make grants available to seek ways for using data processing.
On motion of Supervisor Wheeler, seconded by Supervisor Dolan
and carried, a letter to legislators in support of AB 2827 (imbrecht)
regarding appropriation of state funds for grants to counties to computerize
environmental decision making process was authorized. AYES: Supervisors
Dolan, Wheeler and Chairman Lemke. NOES: Supervisors Moseley and Winston.
,1322 CLOSED PUBLIC HEARING: MARION C. AND FRANK G. BENNETT - DRAFT EIR AND
PETITION FOR CANCELLATION OF LAND CONSERVATION ACT AGREEMENT
The closed public hearing on Marion C. and Frank G. Bennett
draft environmental impact report and petition for cancellation of Land
', Conservation Act agreement was held as continued.
Bettye Blair, planning director, stated that in the event the
Board takes action to allow the withdrawal from the Williamson Act there
are specific required findings the Board must make pursuant to Government
Code Section 51282.
Earl Nelson, environmental review director, set out the
background of the environmental impact report. If the Board approves
the petition, the Board has to make findings as to whether there will
be significant effects on the environment or not. The area is under
study for zoning. Some of the surrounding orchards have been proposed
', for subdivisions.
Tt was moved by Supervisor Wheeler, seconded by Supervisor Moseley
that the petition for cancellation of Land Conservation Act Agreement for
Marion C. and Frank G. Bennett be approved finding that there are no
alternative uses $nd agricultural uses are no longer possible acknowledging
the grevious certified EIR has been noticed and there would not be an
adverse effect on the environment; finding pursuant to the findings set
forth in Government Code Section 51282; finding that the cancellation is
not consistent with the gurposes of this Chapter and the cancellation is
in the gublic interest and that the petitioner mast pay a cancellation
fee of $9,549.
Page 150.
August 12, 1980
R
80-
T323
1324
1325
132b
1327
1328
1329
August 12, 1880
- Supervisor Winston stated he would like nothing better to vote
for the cancellation. He did not see how he could vote for the motion
considering part of the Government Code Section.
Supervisor Dolan agreed with Supervisor Winston. She felt that
if the area were rezoned it would be easier to be able to make the findings.
She could not find any factual basis for the findings.
Vote on motion:
AYES: Supervisors Moseley, Wheeler and Chairman Lemke
NOES: Supervisors Dolan and Winston
Motion carried.
ADOPT RESOLUTION 80-175 APPROVING STUDY OF FOOD NUTRITION NEEDS AND
CONFIRMING PRESENT GENERAL ASSTSTANCE ALLOTMENT RELATIVE TO FOOD
On motion of Supervisor Winston, seconded by Supervisor Wheeler
and unanimously carried, Resolution 80-175 approving the study of food
nutrition needs and confirming the present general assistance allotment
relative to food was adopted and the Chairman authorized to sign.
ADOPT ORDINANCE 2132: WAIVE SECOND READING OF ORDINANCE RELATING TO MOBILE
HOME PARK STREET NAMIl4G
On motion of Supervisor Wheeler, seconded by Supervisor Winston
and carried, the second reading of the ordinance relating to mobile home
park street naming was waived; Ordinance 2132 was adopted and the Chairman
authorized to sign. AYES: Supervisors Wheeler, Winston and Chairman Lemke.
NOES: Supervisors Dolan and Moseley.
GONSIDERATTON OF WAIVING SECOND READING AND ADOPTION OF ORDINANCE ADDING
SECTION 14-50 TO THE BUTTE COUNTY CODE REGULATING OVERNIGHfPARKING OF
COMMERCIAL VEHICLES - CONTINUED TO AUGUST 19, 1980
Consideration of the waiving o£ the second reading and adoption
of the ordinance adding Section 14-50 to the Butte County Code regulating
overnight peaking of commercial vehicles was continued to August 19, 1980.
CONSIAERATION OF WAIVING SECOND READTNG AND ADOPTION OF ORDINANCE AMENDING
CHAPTERS 20 & 24 OF THE BUTTE COUNTY CODE REGARDING REGULATIONS AND CONTROL
OF SUBDIVISIONS AND TO ZONING RE UTREMENTS _ CONTINUED TO SEPTEMBER 17 1980
`".•.' Consideration of waiving the second reading and adoption o£
the ordinance amending Chapters 20 and 24 of the Butte County Code regarding
'regulations and control of subdivisions and to zoning requirements was
.continued to September 17, 1980 at 10:00 a.m.
APPOINTMENTS TO LAND DEVELOPMENT COMMITTEE
Chairman Lemke appointed Robert Guth to the Land Development
Committee.
Committee.
Supervisor Moseley appointed Ron Graves to the Land Development
Appointment to the Land Development Committee (District 2) was
continued to August 19, 1980.
APPOINTMENT TO COMMUNITY ACTION AGENCY
Supervisor Moseley appointed Ray Garner to the Community
Action Agency.
APPOINTMENT TO DRAINAGE DISTRICT N0. 200
Audrey Stevens was appointed to Drainage District No. 200
Page 151.
August 12,-1980
80- 1330
-___-___====-August 12, 1980_________________--
APPOINTMENTS TO BUILDING CODE BOARD OF APPEALS
On motion of Supervisor Winston, seconded by Supervisor Dolan
and unanimously carried, the following were appointed to the Building
Code Board of Appeals:
Lyle G. Chrysler, Jr.
Ban Cook
Steve Honecutt
Dorrance Hershberger
1331
1331
ADOPT RESOLUTION 80--176 RELATING TO EMERGENCY REPAIRS TO THE SACRAMENTO RIVER
On motion of Supervisor Moseley, seconded by Supervisor Wheeler
and unanimously carried, Resolution 80-176 relating to emergency repairs
to the Sacramento River was adopted and the Chairman authorized to sign.
COMMUNICATIONS
Mxs. R. Shepard, Chico. Mrs. Shepard writes in opposition to the proposed
-Gary Rawlins use permit which is scheduled for public hearing on
August 19 at 11:30 a.m.. To be considered at the time of the hearing.
Robert -. Jeffords, 3r., Paradise. Mr. Jeffords writes requesting return
of drainage deposit for AP 51-182-b8 in Paradise in the amount of
$8,458. Referred to Public Works.
Thomas Heustis, Paradise. Mr. Heustis writes requesting return of drainage
deposit- on a tentative parcel map for AP 52--07-11 in the amount
of $1,422. Referred to Public Works.
William A. Morgan, Brookings, Oregon. Mr. Morgan writes requesting Board
assistance for the summary abandonment of a utility easement for
Carriage Manor Mobilehome Subdivision, Lot 38. Referred to
Planning Commission.
Gridley Union School District. The district forwards its resolution asking
the Board of Supervisors to consider a subdivision fee ordinance
upon a final decision of the state courts an the constitutionality
of such a fee. Administrative Office to prepare a letter for
each school district explaining the Board's pelicy.
County of Santa Clara. The county forwards its proclamation declaring a
state of local emergency as a result of the infestation of the
Mediterranean fruit fly and its potential loss of agriculturalists
and the economy of Santa Clara County and asks for the Board's
support. Referred to the Agricultural Commissioner for a report
back to the Board.
National Association for the Advancement of Colored People (NAACP). The
organization writes in opposition to the Sheriff's Department
plan to increase personnel and asks that blacks and other minorities
be hired in the department. Referred to the Sheriff and Personnel.
Paradise Genealogical Society. The organization writes in follow-up to its
original request regarding the use of the Paradise county building
for a genealogical and historical library. Referred to the
Library and the Town of Paradise to see if they might be
able to provide room for the society.
Butte County Fair. The fair writes requesting the county to provide reserve
officers during the period of the fair at the flat fee of $3,000.
See motion following communications.
Page 152.
August 12, 1980
80-
b
1332
1333
August 12, 1980
Bill Siverling, CSAC. Mr. Siverling writes advising that SB 180 {Marks)
exten3s this year's legal deadline for adoption of the county
budget and statutes which require a tax rate be set to
September 34, 1980. Information; no action taken.
City of Chico. The'city writes advising that the improvement of Cohasset
Road from Mangrove Avenue westerly to the existing four-lane
section has been included in their budget and asks that the
county include $225,000 in the Butte County budget for this
project. To be considered at budget session.
D & D Construction, Durham. The company forwards petitions and asks for
assurance that the project will continue without interim zoning
on property located on Goodspeed Street in Durham. Handled
earlier in the meeting.
ADVISE BUTTE COUNTY FAR THAT THE BOARD WILL PROVIDE RESERVE OFFICERS
AT COST AND THE COUNTY CANNOT SUBSIDIZE THE BUTTE COUNTY FAIR
On motion of Supervisor Winston, seconded by Supervisor Moseley
and unanimously carried, the Butte~County Fair is to be advised that the
Board will provide reserve officers at cost and the county cannot subsidize
the Butte County Fair. .
ADDITIONAL MATTERS PRESENTED BY BOARD MEMBERS
Chairman Lemke advised that Friday and Saturday would be the
Nine Northern Counties Supervisors Association meeting in Quincy.
Supervisor Dolan stated the Board had received copies of the
letter from the Mayor of Chico to Clay Castleberry, public works director,
regarding the improvements done on Cohasset Road.
Discussion of memo regarding the contract for County Counsel
held at this time. It was felt this should be done during budget sessos~
or executive session.
RECESS: The Board recessed at 12:47 p.m. to reconvene on Wednesday,
August 13, 1980 at 9:00 a.m.
Page 153.
August I2, 1980