HomeMy WebLinkAboutM091581September 15, 1981
OF CALIFORNIA )
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OF BUTTE )
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The Board of Supervisors met at 9:.00 a.m. pursuant to adjournment.
Present: Supervisors Dolan, Saraceni, Wheeler and Chairman Moseley. Clif
Nickelson, administrative officer; Del Siemsen, acting county counsel; and
Clark A. Nelson, county clerk, by Cathy Pitts, assistant clerk to the Board.
Absent: Supervisor Lemke
Pledge of Allegiance to the Flag of the United States of America
Invocation by Supervisor Saraceni
APPROVAL OF MINUTES
The minutes of August 3, 1981 were continued to September 22, 1981.
On motion of Supervisor Wheeler, seconded by Supervisor Dolan
and carried, the minutes of August 25, 26, 27 and 28, and September 1,
1981 were approved as mailed.
APPEARANCE: CARL MORTON, TREASURER-TAX COLLECTOR
Mr. Morton stated that Last week he had asked if he could have an
extension of consideration of the tax control clerk position to prepare
background information on this position. He wanted to appeal the Personnel
Director's decision relating to a reclassification for that position.
Jim Rackerby, personnel director, advised the Board they could
instruct his office to study or conduct a hearing on the matter.
That would be a separate item from the ordinance the Board will be
considering later in the meeting. His office has already done a study
and their position is that this should not be changed. He has advised
Mr. Morton that if he wants, he can come up and see him or submit additional
information.
Mr. Morton stated he wanted to appeal the decision and wanted
to know the procedure for doing so.
ADDITIONAL AGENDA ITEMS PRESENTED BY BOARD MEMBERS TO BE ADDRESSED AT THE
END OF THE DAY
Supervisor Wheeler stated she would be apprising the Board
of her activities with the people in Butte Meadows in their endeavor to
form a district or community group.
ADOPT ORDINANCE 2243: WAIVE SECOND READING OF SALARY ORDINANCE AMENDMENT
On motion of Supervisor Dolan, seconded by Supervisor Wheeler
and carried, the second reading of the salary ordinance amendment reflecting
departmental position additions, deletions and reclassifications pursuant
to the Board's 1981-82 final budget hearings was waived; Ordinance 2243
was adopted and the Chairman authorized to sign.
On motion of Supervisor Dolan, seconded by Supervisor Wheeler
and carried, the purchase of two Xerox telecopiers which are presently under
lease and are used to transmit patient information between the Chico and
Oxoville Offices for the Mental Health Department was approved..
AUTHORIZE PURCHASE OF XEROX TELECOPIER FOR MENTAL HEALTH
2353 IAPPROVE CHI CO AND PARADISE MEALS-ON-WHEELS .AGREEMENTS
Mike Pyeatt, assistant administrative officer, set out the
difference in the two contracts. N. T. Enloe Hospital furnishes the
meals for the Chico program and Feather River Hospital furnishes the
meals for Paradise. The contracts are with .two separate organizations.
Page 242.
September 15, 1981
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Chico has a program whereby they have a social worker who meets with the
clients and establishes the amount that client can pay. The meals that
are prepared by N. T. Enloe Hospital are a.-little greater than the $1.00
per meal. They receive a portion of the cost from the participantso Th_e
cost for preparation of the meals in the Paradise area is considerably
higher. To, try to go out and establish the amount. the c]:ient can pay is
somewhat less than in Chico. Chico also serves a greater number of people.
Clif Nickelson, administrative officer, stated that the cost for
preparation of the meals depends on the market and competition. Tn Chico
the competition is greater. The Board had a similar situation with the
Mental Health facility and the preparation of meals.
On motion of Supervisor Dolan, seconded by Supervisor Wheeler
and carried, the following agreements were approved and the Chairman
authorized to sign:
1. Chico Area Council on Aging, Inc. for operation of a Meals-on-
Wheels program within the Chico area in the amount of $1.00 per meal until a
maximum expenditure of $8,500 has been paid.
2. Paradise Council on Aging, Inc. for operation of a Meals-on-
Wheels program in the Paradise community in the amount of $2,85 per meal until
the maximum expenditure of $6,200 has been paid.
APPROVE ADMINISTRATIVE OFFICE AND CAA ITEMS
On motion of Supervisor Wheeler, seconded by Supervisor-Dolan
and carried, the following action was taken:
1. Approved the following penalty abatement requests:
a. Mr. & Mrs. Ellis F. Hunt, et al, AP 044-02-0-031-0
b. Mr. & Mrs. Ellis F. Hunt, AP 045-06-3-007-0
c. Jerome A. and Sharon Marie Wright, AP 058-22-0-015-0
d. Timothy J. Taylor, AP 005-28-4-007-0
e. Mr. & Mrs. Ronald L. Caporale, AP 064-40-0-020-0
f. Mr. & Mrs. Mark 5. Walker, AP 008-21-1-001-0
g. Mr. & Mrs. Owen K. Anderson, AP 053-16-2-033-0
h. David R. Goodson, AP 013-21-4-005-0
2. Denied the following penalty abatement request: Elsie L.
Powell, AP 072-33-0-060-0
3. Approved interim agreement with the Department of Labor to
carry on the CETA Title IV youth program until appropriation bill is passed
and the annual plan modified and the Director authorized to sign.
4. Approved the following budget transfers:
B-16 Federal Revenue Sharing - E1.Medio Ditch. This transfer
rebudgets the unencumbered balances amounting to $15,939.24 for the EI
Medio Ditch Farmers Home Administration project with funding coming from
unanticipated revenue - federal aid.
Fage 243.
September 15, 1981
September 15, 1981
81- B-17 - Elections. Transfers $188 from oRfice expense to fixed assets
$ ', in order to cover the freight expense on the purchase of voting. booths which
were included in the 1981-82 budget.
', B-18 - Community Action Program. Within the 1981 HEW Head Start
', Program, transfers~$14,415 between various line items pursuant to budget
modification !62 as approved by the Department of Health and Human Services
on August 27, 1981.
B-20 - Mental Health. Transfers $1,710-from food to-fixed assets --
equipment which will provide the necessary budget appropriation to fund the
purchase of two teleeopiers that are presently on lease.
B-21 - Community Action Program. Transfers $1,470 from other costs;
with $241 going to consumable supplies and $1,229 to rent, lease and purchase
of equipment within the 1981 Special Assistance Building Modification Program
to cover anticipated budgetary deficiencies in order to bring the program to
a close.
B-22 - Fish & Game Commission. Establishes an additional appropriation
the amount of $2,000 in special department expense in order to cover the
struction of two additional steps to the fish ladder at the Parrott-
lan Dam on Butte Creek. Funding is from unanticipated revenue.
5. .Approved the contract with National Center for Appropriate
Technology in the amount of $1,.500 for the construction of breadbox solar
water heaters on two homes ip the South Oroville area with the program
operating in cooperation with the Chico Housing Improvement Program`s Self-
Help Home Construction Program in the area and the Chairman authorized to sign.
2355. PUBLIC HEARING DATE SET
Clif Nickelson, administrative officer, stated that in order to
go through the red tape involved with obtaining funding assistance for the
jail construction it is necessary to hold a public hearing on September 29,
1981 for consideration and approval of the jail needs assessment study.
The study will be available on or before the hearing date.
Gerald Lively, deputy administrative officer, set out the time
frame for the grant application. That application must be prepared and
there are four studies that staff will have to prepare in response to the
needs assessment itself. The grant application must be done by November 1,
1981. The major effect will be to write the facilities plan in-lieu of archi-
tect`s drawings. The second part is to respond to all the needs identified
in the needs assessment. There must be adequate time for the public to comment.
A'•p~able hearing rdate of"'September ;'29.;.'1981 of 1Q;,00 a. m: wras set
fior consideration of the needs assessment study of the jail facility for
purposes of making application to the Board of Corrections for jail
construction funds.
2356 DIRECT COUNTY COUNSEL TO PREPARE SYNOPSIS OF ORDINANCE 2174,sBUTTE CREEK
CANYON REZONE TN COMPLIANCE WITH ELECTIONS CODE SECTION 3713
On motion of Supervisor Wheeler, seconded by Supervisor Saraceni
and carried, County Counsel was directed to prepare a synopsis of Ordinance
2174, Butte Creek Canyon Rezone, in compliance with Elections Code Section
3713 to be mailed out with the sample ballots.
2357 PUBLIC HEARING DATE SET
A.public hearing date of September 29, 1981 at 10:00 a.m. was set
for consideration of G. B. Simpson petition for variance to Sections 19-10 and/
or 19-12 of the Butte county Code for placement of a mobile home on
AP 27-081--025, 7127 Upper Palermo Road,.-Palermo area. Zoning: "A-5"
Page 244. September 15, 1981
September 15, 1981
81^2358 APPROVE BOARDING HOk1ES AND INSTITUTIONS (BHI): P'ACILiT~ES AND RATES
d' On motion of Supervisor Dolan, seconded.by..Supervisor Wheeler
and carried, the Bay Area Placement Committee recommendations of boarding
homes and institutions (BHI}.facilities and rates for`1981-82 were approved.
'..2359 APPROVE AGREEMENT-FOR SALE. AND CONTRACT CHANGE ORDER FOR SACRAMENTO AVENUE
ASSESSI~NT DISTRICT~NO. 1.
On motion of Supervisor Dolan, seconded by Supervisor Wheeler
and carried, the following were approved:
1.. Approved agreement for sale for acquisition for the storm
drainage easement as follows; the Chairman authorized to sign; and the
Auditor authorized to make payment from Sacramento Avenue Assessment.District
No. 1 funds upon demand from the county's escrow agent:
Pres-ton & Caroline Minto AP 43-20-32 $500
12360
2361
2362
2. Approved contract change order No. 7 for Sacramento Avenue
Assessment District No. 1 in the increasing amount of $10,277.25 which provides
for increases in various items of work and the Chairman authorized to sign.
APPROVE CONTRACT CHANGE ORDER AND NOTICE OF' COMPLETION - LINCOLN BLVD,
PROJECT N0. 18491-80-1
On motion of Supervisor Saraceni, seconded by Supervisor Dolan
and carried, the following was approved:
1. Approved contract change order No. 1 in the increasing amount
of $40,602.81 which provides for removing unsuitable material and replacing
with aggregate base and an asphalt concrete leveling course; with the
underrun of contract items resulting in a savings of $33,902.27 leaving a
net increase over the original low bid of $6,700..54; the Chairman authorized
to sign; and the Auditor authorized to transfer $6,700.54 from the road
reserve to cover the overrun of the original low bid for Lincoln Blvd, project,
2. Accepted the work of Robinson Construction Company, Inc. for
the Lincoln Boulevard, Project No. 18491-80-1; authorized the Chairman to
sign the notice of completion; and directed the Clerk to file said notice
with the Recorder.
APPROVE GREYHOUND LINES, INC. (PASSENGER FAIR CHANGEI .AGREEMENT
On motion of Supervisor Saraceni, seconded by Supervisor Dolan
and carried, the agreement with Greyhound Lines, Inc. to enable the operator
to charge passengers a fare equal to the Butte County transit fare for trips
within the county with the county and the cities participating in Butte
County Transit subsidizing the difference between the regular fare and the
reduced fare with the amount of the contract for the current fiscal year
being $5,000 with the county`s participation limited to $2,800 and the
cities assuming the remainder of the cost was approved and the Ghairman
authorized to sign.
ADDITIONAL MATTERS' PRESENTER BY PUBLIC WORKS
Clay Castleberry, public works director,- advised he planned to
call in the $35,000 Letter of Credit posted by Carr Mine owners. They
will be doing the work on Philbrook Road tomorrow.
Mr. Castleberry stated they plan to start in the southeast
quadrant of the county with the house numbering. They are changing almost
none of the existing street numbers. They will be starting within the
next few days.
Page 245.
September 15, 1981
September 15, 181
81.'2363 WAIVING OF FIRST READING OF ORDINANCE ADOETING 19Z.9~ UNIFORM BUILDING CODE
~' AND 1979 UNIFORM PLUMBING CODE-AND .ADOPTION OF RESOLUTION REGARDING FEES
CONTINUED TO OCTOBER 13; 1981
Consideration of-the waiving of-the first reading of the
', ordinance adopting the 1974 Uniform Building Code and-the 1979 Uniform
Plumbing Code and adoption of the resolution regarding fees was held at
this time.
', Supervisor Wheeler stated she had received a call from Lee Colby
asking that the Board hold this matter. The Land Development Commission
wants more input into this matter.
Bill Teie, fire warden, stated he had met with the Land Development
Commission the other day on this matter. Their main concern was not contained
in this ordinance but with the other one-half of the package a couple of
months ago, and that-was the subdivision water requirements. One-third of
the ordinance deals with fire. Those items are regarding buildings. They
are a little less stringent than what the Board considered earlier. He would
like to see the ordinance go forward.
Supervisor Wheeler stated she had not seen a copy of the final
proposal and would like to.
Lee Colby stated that he had met with Mr. Teie on September 3,
1981 and they will meet again on October 1, 1981. There were some concerns.
He felt that when the Land Development Commission was originally formed, they
were to receive a copy of the ordinances and resolutions that effect land
processes. They did npt receive a copy of this ordinance. They would like
to take a look at it before it becomes law. One of the questions is are
these more restrictive than the state codes. The commission would
appreciate a copy of the proposed ordinance.
Jim Glander, building department, stated he could meet with
the Commission and if there are problems, those items could be changed
or removed. The county is required to adopt those codes. They are tardy
in adoption of the codes. He had no objections to continuing this matter
until a little later.
James Hansen stated that if the state demanded that the uniform
codes be passed, why must the county waste time adopting the codes. The
laws should just be printed. He did not feel the county should have to
spend time duplicating the state laws if they were required.
Consideration of the ordinance adopting 1979 Uniform Building
Code and 1979 Uniform Plumbing Code and adoption of resolution regarding
fees was continued to October 13, 1981.
2364 DISCUSSION: BUTTE COUNTY PLANNING COMMISSION AMENDMENT TO CHAPTER 24 OF
THE BUTTE COUNTY CODE REGARDING THE DENSITY LIMITATIONS OF THE "R-3" AND
"R-4" ZONES
Lee Colby, land development commission, was interested in what
the Board was going to consider relative to the density limitations for
the "R-3" and "R-4" zones.
Charlie Woods, planning department, stated that the purpose
of the public hearing would be to consider bringing the densities in the
"R-3" and "R 4" zones into consistency with the General Plan. The Board
would be setting limits of density for these zones as it applies to
medium and high density. The density would comply with the new Housing
Element for the General Plan.
Page 246.
September 15, 1981
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September 15, 1981
PUBLIC HEARING: DANIEL MC WILLIAM5 - PROPOSED NEGATIVE DECLARATION AND
DENIED USE PERMTT TO ALLOW A SECOND SINGLE FAMILY DWELLING .ON PROPERTY
ZONED "TM-5" (TIMBER MOUNTATN - 5 ACRE PARCELS)., LOCATED ON THE SOUTH SIDE
OF WHISPERING PINES- ROAD, APPROX. 1/4 MILE EAST OF COHASSET ROAD, COHASSET
AREA TDENTIFTED AS AP 56-12-65
The closed .public hearing on Daniel McWilliams proposed negative
declaration and denied use permit to allow a second single family dwelling
on property zoned "TM-5" (timber mountain - 5 acre parcels) located on the
south side of Whispering Pines Road, approximately 1/4,.mle east of Cohasset
Road, Cohasset area, identified as AP 56-12-65 was held as continued.
Supervisor Wheeler stated that the use permit application flies
in the face of the adogted ordinances of the county law that has been
broken. The individual did build a facility without coming in and applying
for the necessary permits and is now asking the Board to bail them out.
They are not precluded from having a second dwelling if they apply for an
Aunt Minnie permit.
It was moved by Supervisor Wheeler, seconded by Supervisor Dolan
that the use germit for Daniel McWilliams to allow a second single family
dwelling on property zoned "TM-5" (timber mountain - 5 acre parcels) located
on the south side of Whispering Pines Road, approximately 1/4 mile east of
Cohasset Road, Cohasset area, identified as AP 56-12-65 be denied.
Supervisor Dolan stated she was not at the hearing and since this
is the third time this has been scheduled and she did review the tape and
record she was prepared to vote on this matter. She has seen some things
that were wrong and they are not precluded from applying for an Aunt Minnie.
Vote on motion:
AYES: Supervisors-Dolan, Saraceni, Wheeler and Chairman Moseley
NOES: None
ABSENT: Supervisor Lemke
'2366
2367
2368
Motion carried.
PUBLTC HEARING DATE SET
A public hearing date of October 6, 1981 at 10:00 a.m. was set
fox consideration of Butte County Planning Commission amendment to Chapter 24
of the Butte County Code, Section 24-141, "R-3" zone and Section 24-144, "R-4"
zone to set density limitations as specified in the Butte County General
Plan.
APPEARANCE: WILLIAM HOUSTON
Mr. Houston stated he had sent a letter to the Board and had
asked to be placed on the agenda. He wanted an order from the Board to
act on the letter so the county can pay his medical bills.
Supervisor Dolan felt that Mr. Houston was out of order. He
has brought the county into court on this matter. This should not be
discussed at this time.
ADOPT ORDINANCE 2244: LOUISIANA PACIFIC TNCLUSTON INTO "TP-160" ZONE OF
PROPERTY IDENTIFIED AS AP 73-04-16 & 18, PURSUANT TO GOVERNMENT CODE
SECTION 51113.5 & SECTION 24-19 (C) OF THE BUTTE COUNTY CODE
On motion of Supervisor Wheeler, seconded by Supervisor Saraceni
and carried, finding that the subject parcels are sap able of producing the
annual volume of 15 cubic feet of wood pursuant to Section 51100 of the
Government Code; finding the rezoning of said properties from "TM--160"
to "TP-i60" is consistent with the Butte County General Plan; Ordinance 2244
Page 247.
September 15, 1981
September. l5, 19-81
$1- rezoning from "TM-160" to "TP-160" Louisiana Pacific property identified as
~ ' AP 73-04-16 and 18., pursuant to Government Code Section 51113.5 and Section
24-19 (c) of the Butte County Code and the`Chairman authorized to sign.
'.2369 CANCEL DIAMOND INTERNATIONAL CORPORATION .LAND CONSERVATION ACT CONTRACT
PURSUANT TO"GOVERNI~NT CODE SECTION 51282.5 (ET 5E .)
On motion of Supervisor Saraceni, seconded hy:Supervisor Wheeler
and carried, Diamond International Corporation Land°Conservation Act contract
for AP 56-07-50 and b6 was canceled pursuant: to Government Code Section
j 51282.5 (et seq.)
',2370 MADE INTERPRETATION OF NON-CONFORMLNG USE PROVISIONS FOR P
2371
Charlie Woods, planning department, stated that Jerry and Kay
Walters had approached the Planning Commission with replacement of one
dwelling unit on their property. This called into question the provisions
in the county zoning ordinance with respect to non-conforming uses. They
are asking the Board for an interpretation of those provisions. The
problem in the agricultural zones is that they are talking about a
primary residence. If they are replacing the old dwelling is this an
expansion of the non-conforming use. The final language has not been
drafted. If the original dwelling was 1,000 square feet and it is replaced
with a dwelling of 1,200 square feet this is the gray area relative to
whether this is a replacement of a non-conforming use or the expansion
of the non-conforming use.
On motion of Supervisor Dolan, seconded by Supervisor Saraceni
and carried, pursuant to Section 24-20, the Board has the authority and
responsibility to make interpretations when necessary; tine Board makes the
determination that nonconforming provisions as far as the replacement of a
nonconforming dwelling with another be permitted as neither an expansion
of use nor of the building, so as to permit the Walters to replace the
second dwelling;. and the Planning Department was requested to initiate
a study of non-conforming section in the zoning ordinance and recommend
changes.
THE DOE
AREA -
29, 1981
The report by the Planning Department on the Doe Mill Ridge study
area was considered at this time. Charlie Woods, planning department,
stated they had met with the property owners on the ridge. They have
identified consideration in the planning area. He felt the policy as
preceived by the department is described in the memo to the Board.
He asked that the matter be continued until the Planning Director was
present.
The matter was continued to September 29, 1981.
2372
ADOPT RESOLUTION 81-207A RESCINDING RESOLUTION 81-188 RE: THAD WAKEMAN
(ABANDONMENT: ADOPT RESOLUTION 81-208 SETTING PUBLIC HEARING DATE FOR
~ICONSIDERATION OF THAD WAKEMAN ABANDONMENT
Del Siemsen, acting county counsel, advised that the Board
Thad adopted Resolution 81-188 setting a public hearing date for consideration
of Thad Wakeman abandonment of a portion of Grand Avenue and a portion of
16th Street, Thermalito. The Legislature has amended the Code Section
relative to abandonments and the information in Resolution 81--188 was not
sufficient and additional information is required.
On motion of Supervisor Dolan, seconded by Supervisor .Wheeler
and carried, Resolution 81-207A rescinding Resolution 81-18$ adopted
August 18, 1981 setting a public hearing-date of September 29, 1981 at
10:00 a.m. was adopted; the public hearing date was vacated; Resolution
81-208 setting a public hearing date of October 20, 1981 at 10:00 a.m.
Page 248.
September 15, 1981
i
-__--______T~ Se~temherl52 1981J___________~____
81- for Thad Wakeman abandonment of a portion.of Grand Avenue and.a portion of
~' 16th Street, Thermalito was adopted; and the Chairman authorized. to sign
the resolutions.
RECESS: 10.:05 a.m.
RECONVENE: 10:21 a.m.
',2373 ADOPT RESOLUTION 81-20.9 :. PUBLIC HEARING;- RENl~NIING 6F PRIVATE ROAD, CHICO
ADDRESS AREA
The public hearing on the renaming of a private road in the
'! Chico address area of Comanche Creek Lane (from Pasco Companeros to end} to
Paseo Companeros was held as advertised.
', Clay Castleberry, gublic works director, set out the background
of the street name change.
Hearing open to the public. Appearing: No one.
', Hearing closed to the public and confined to the Board.
', On motion of Supervisor Dolan, seconded by Supervisor Wheeler
', and carried, the street name change of Comanche Creek Lane (from Paseo
Companeros to end) to Paseo Companeros in the Chico address area was
', approved; Resolution 8i-209 was adopted and the Chairman authorized to
sign.
2374 PUBLIC HEARING: CHARLES EMMETT PETITION FOR VARIANCE TO SECTIONS 19-10 AND/'OR
19-12 OF THE BUTTE COUNTY CODE FOR PLACEMENT OF A MOBILE HOME ON AP 30-11-77,
1549 14TH STREET THERMALITO AREA ZONING: "A-2"
The public hearing on Charles Emmett petition-for 'variance to
Sections 19-10 and/or 19-12 of the Butte County Code for placement of a mobile
home on AP 30-11-77, 1549 14th Street, Thermalito area, zoning: "A-2" was
held as advertised.
Hearing open to the public. Appearing: No one.
', Hearing closed to the public and confined to the Board.
', On motion of Supervisor Saraceni, seconded by Supervisor Dolan
and carried, the petition for variance to Sections 19-10 and/or 19-12 of
the Butte County Code for placement of a mobile home on AP 30-11-77,
1549 14th Street, Thermalito area, zoning: "A-2" for Charles Emmett was
approved for a period of one year.
2375 PUBLIC HEARING: BUTTE COUNTY PLANNING COMMISSION AMENDMENT TO BUTTE COUNTY
GENERAL PLAN, HOUSING .ELEMENT (FINAL DRAFT OF HOUSING ELEMENT APPLICABLE
TO THE UNINCORPORATED PORTIONS OF THE COUNTY)
', The public hearing on the Butte County Planning Commission
amendment to the Butte County General Plan, Housing Element (final draft
', of housing element applicable to the unincorporated portions of the county)
was held as continued.
Charlie Woods, planning department, stated that the item before
the Board .involved the revised Butte County Housing Element as recommended
and modified by the Planning Commission. This spring the Board chose to
pursue the element through AB 2853. They-have prepared the element for the
90-day review period.. They have not received comments from HCD. Hearings
have been held with the Planning Commission. The .negative declaration was
sent to the state clearing house without comments. The Beard must adopt
the element before October 1, 1981. Of all those considerations with
the Housing Element, the item that provoked the most discussion was density.
Page 249.
September 15, 1981
81-
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._______~_____ September 15~ 1981 _________________
The Housing Element .Task Force originally suggESted two density standards;
one for those properties on sewer and the other for those properties on
septic tanks. The lower and higher standards-were recommended to remain
at the present level and those with sewer areas to have a maximum of about
20 dwelling units per acre.
Supervisor Dolan stated she would like an answer to her question
that since the Board has chosen to develop the Housing Element in
accordance with AB 2853 and this procedure requires that the element go to
HCD for comments and must be adopted on October 1, 1981. The Board does not
have the comments from HCD and probably won't have them by October 1, 1981.
HCD was not overly complimentary of the original draft. They are already
late in sending their comments. The law says that the Board must consider
the comments from HCD and the county is not considering the comments.
Del Siemsen, acting county counsel, advised that if the time
for responding had not expired the prudent course would be to wait. If
the time has expired, he could not predict what the court would do.
They could well say that the 90 days was not sufficient for comments.
Hearing open to the public. Appearing:
1. Jay Halpin. Mr. Halpin spoke regarding the density requirements
in the Housing Element. It was his understanding that the reason for the
Housing Element was to try to find ways to cut down on the cost of housing.
If the low density were one to six dwellings per-gross acreage for
septic systems there would be a 50 percent increase in density and a 50
percent cut in the cost of housing. Currently-the county has areas where
they axe allowing one to fifty units. He would like to see the final
decision by the Health and Public Works Departments as to whether the soil
can handle the number of dwellings. This could be taken on an individual
basis. He was talking about Iow density residential. He was also concerned
with "PA-C" density. He felt the land should be used to the maximum.
Supervisor Dolan stated that if that were the ,case then the
county should go .six stories high and put the properties on sewer.
Mr. Halpin felt that with the cost of housing, the county should
allow more density. He wondered if this sounded reasonable.
Supervisor Dolan felt that sometimes this would be reasonable.
It comes down to the location. There is more to consider than just physical
holding capacity. There are other issues of planning to be considered. She
felt that if the county made the density six units per acre that is what
everyone would get. To use property to the best efficiency is a good
concept.
Mr. Woods clarified that the one to four maximum comes about as
a result of requirements that an individual lot cannot go beyond a certain
size. What Mr. Halpin is talking about is that if the property were clustered
they believe it would still be low density. It would not be on an individual
lot. Between the Planning Commission and the Board you determine which
category is required in which area. This is across the board requirements.
The county would still exercise the control .of where they will be applied
through. zoning and area general plans.
2. James Hansen. Mr. Hansen stated that some years ago when
the general plan was in its infancy, he came before-the Board and told them
this was a dangerous weapon and would become law. It-was to be a guideline.
The general plan has become a thing of law. He did not feel that elected
people needed to pay extra people to do their thinking for them.
Page 250.
September 15, 1981
September 15~ 1981
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3. Lee Colby. Mr. Colby stated he was, appointed to the Housing
Element Task `Foree..Committee. The committee tried'Co work .out the density.
There were~two philosophies going. He took exeeption'to the sewer density
being proposed. He has four hundred applicants in his office who would
like to buy houses. He agreed with the low-density for houses on
septic systems. There is no doubt that aix or eight units are reasonable
to take care of the septic discharges. He realized that density is not
only lot size. The issues can be addxessed under the environmental_report
or the negative declaration. The committee recommended the following
densities: 1 to 8 low density; 9 to 16 medium density; and 17 to 30 high
density. The one to five is not much better than what they had. Under
Section 24-34 of the zoning ordinance there is discussion of the zero
Iot lines. They are allowed 4,000 square foot lots in the county. That
means they can only get eight and one-half houses per acre. In Los Angeles
area the lot cost is thirty five percent of the dwelling cost. The
information he received from Los Angeles felt that eighteen percent of
that thirty five percent is the cost of regulation and unnecessary
regulations that could be eliminated. If twelve percent of the lot cost
were eliminated. and six percent of the regulations were left, they could
qualify 477,000 people. He recommended that the Board set the density
in the sewer area at not less than-eight units per acre for low density.
Mr.-Colby stated that.Yuba County, which is south of Butte County
and more rural allow up to-forty units if the sewer can handle that amount
along with the other requirements. He did not feel that Butte County could
have six story high buildings because of the fire requirements. He felt
they could get four stories high. The applicants for housing that come
into his office are not looking at lot size but are looking for homes for
shelter and the basic American dream of owning a home.. He did not think
government had the right to deprive people by setting restrictive densities.
He did not feel the-lot sizes should be set in the general plan. If a
60-foot road were cut to 40 feet, this would cut the cost of the lot by
one-third. In Oroville the lot cost fox a fully improved lot is $15,000.
The cost will get worse-with these densities.
Mr. Woods stated that the information is listed on page 11,
Section III of the draft. The densities in that draft are: l to 5 low
density; 6 to 12 medium density; and 13 to 20 high density.
Mr. Colby recommends that the density be changed to: 1 to 8
low density; 9 to 15 medium density; and 16 to 25 high density. He would
like to see the square footage requirements for sewer taken out. He felt
that in order to have housing for everyone and to keep out of agricultural
lands is to have higher density in the sewered areas.
4. William Houston.
RECESS: 11:07 a. m.
RECONVENE: 11:17 a.m.
5. Evelyne Reader. Ms. Reeder was concerned with Thermalito
on the draft element. There is not going to be affordable housing in
Thermalito. There will be low income housing renters-and crime. The
sewer lines cannot take the density. She did-not feel that low income
', housing should be five dwellings per acre. She was opposed to the 6 to 12
units per gross acre and opposed to the 3,500 square foot lot. She was
', also speaking for A. C. Rhyne.
6. Phil Youngdahl. Mr. Youngdahl stated that in discussions
'aradise was not part of the fair share because they were just incorporated.
'aradise Pines has thousands of people. Some consideration should be
age 251.
September 15, 1981
81-
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2376
2377
September i5, 1983
give to Paradise in relation to the Paradise Pines area. He agreed with Mr.
Colby that they are not going to be able to .provide housing for people without
having inexpensive land. Unless there is adequate density there is never
going to be low income housing. If Butte County wants to put off growth,
they can do this by allowing only low density developments. He felt the
Boas~hould consider higher density.
7. Pete Giampaoli. Mr. Giampaoli understood that two different
densities were being considered. One of his concerns is on_the septic
density of 9 to 12 for maximum density. There are areas in Chico where
that density could be higher. -There should be some flexibility to allow
higher density with septic where the land-will allow the higher density.
Mr. Woods stated that when the density was discussed they
discussed the need to work closely with the Environmental Health Department.
In preparing the recommendation that was originally discussed by_the
Planning Commission from the Task Force, the numbers density-was identified
for areas with septic tanks up to that 20 units per acre figure. They
deal with units in terms of General Plan. They were talking about under
ideal circumstances that 20 units might be one bedroom units and if they
were doing two bedroom units the number would be reduced to maybe 16 units.
That was not practical to put down in terms of the General Plan.
Mr. Colby stated that the General Plan did not require the
designation. of square footage for lot size per dwelling unit. He asked
that the footage area be removed.
the typical range of lot sizes.
Mr. Woods stated that the footage area was included within the
ranges because the zoning districts deal with footage area. The footage
area would be considered under the zoning. The Planning Commission did
not agree with the 3,500 square foot designation. Those footage areas are
Mr. Colby stated these could be used in zoning. He felt the
lot size should be taken out of the Housing Element. If the county is going
to set the size in the General Plan, the size should be set at 3,500 square
feet. If the 3,500 was taken out then all the areas of footage should
be taken out. If these are for informational purposes then the chart
should say for informational uses only. If the densities are increased,
those figures would not be applicable. He felt that the county should
be sure to have the element adopted by October 1, 1981.
The hearing was continued to September 22, 1981 at 1:30 p.m.
REPORT BY LAND DEVELOPMENT COMMISSION ON DRAFT DEVELOPMENT AGREEMENT
RESOhUT10N CONTINUED TO SEPTEMBER 22,_ 1981
The regort by the Land Development Commission on the draft
development agreement resolution-which was considered on September 1,
1981 was continued to September 22, 1981 at 1:30 p.m.
ADOPT ORDINANCE 2245: PUBLIC HEARING: BUTTE COUNTY BOARD OF SUPERVISORS
PROPOSED NEGATIVE DECLARATION AND REZONE FROM "t1 2" (GENERAL), "A-SR"
(AGRICULTURAL - SUBURBAN RESIDENTIAL): AND "C-1" (.LIGHT COMMERCIAL) TO
"$-3" (MEDIUM DENISTY RESIDENTIAL) :k`QR VA]1TOU5`PROPERTTES LOCATED 6N BOTH
SIDES OF WEST SACRAMENTO AVENUE, WEST OF AND WITHIN 2,000 FEET OF STATE
HWY 32, IDENTIFIED AS AP 43-26-6,. 14, 29, 30., 32 34, 35, 36, 37 & 39;
AP 43-28-8', 10, 11 & 12; & AP 43-29--71, CHI CO
The public hearing on Butte County Board of Supervisors proposed
negative declaration and rezone from "A 2" (.general), "A-SR" (agricultural -
suburban residential) and "C-1" (light commercial) to "R-3" (medium density
residential) for various properties located on both sides of West Sacramento
Page 252.
September 15, 1981
81-
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Avenue, west of and within 2,000 feet of State Highway 32, identified as
AP 43-26-6, 14, 29, 30,-32, 34; 35, 36, 37 and 39; AP 43-28-8, 10, 11 and
12; and AP 43-29-71, Chico was held as advertised.
Charlie Woods, planning department, set out the background
of the rezone.
Hearing open to the public. Appearing; Marian Dilley. Ms.
Dilley asked that her property be zoned "R-4".instead of-the proposed
"R-3" zoning. The land has good percolation.
Hearing closed to the public and confined to the Board.
2378
Hr. Woods stated that the Board will be considering changes
in the "R-3" and "R-4° zoning on October 6, 1981. If the Board wanted
to consider this request, it would have to be sent back to the Planning
Commission for consideration.
Supervisor Dolan stated that in terms of the number of units
per acre, there is no difference between the "R-3" and "R-4" zoning.
The "R-3" zoning will allow the maxium density allowable.
On motion of Supervisor Dolan, seconded by Supervisor Wheeler
and carried, finding that all environmental documents have been considered
in making a decision, a negative declaration was adopted; finding the
proposed rezone is consistent with the General Plan; the xezone from
from "A-2" (general), "A-SR" (agricultural - suburban residential) and
"C-1" (light commercial) to "R-3" (medium density residential) for various
properties located on both sides of West Sacramento Avenue, west of and
within 2,OOD feet ofStatQ_ Highway 32, identified as AP 43-26--6, 14, 29,
30, 32, 34, 35, 36, 37 and 39; AP 43-28-8, 10, 11 and 12; and AP 43-29-71,
Chico was approved; Ordinance 2245 was adopted and the Chairman authorized
to sign.
ADOPT ORDINANCE 2246: PUBLIC~'HEARING: CASA DE FLORES MOBILE HOME PARK
PROPOSED NEGATIVE DECLARATION AND REZONE FROM "FL-4" (MAXIMUM .DENSITY
RESIDENTIAL - RESTRICTED SERVICE) TO "MHP" (MOBILE HOME PARK) PROPERTY
LOCATED ON THE SOUTH SIDE OF LASSEN AVENUE, AT HORSEMAN AVENUE, IDENTIFIED
AS AP 44-21-29, CHICO
The public hearing on Casa De Flores Mobile Home Park proposed
negative declaration and rezone from "R-4" {maximum density residential - ~-
restricted service) to "MHP" (mobile home park) property located on the
south side of Lassen Avenue, at Horseman Avenue, identified as AP 44-21-29,
Chico was held as advertised.
Charlie Woods, planning department, set out the background
of the rezone.
Hearing open to the public. Appearing: Gene Damschen. Hr.
Damschen stated he was a general partner and was present if there were
any questions.
Hearing closed to the public and confined to the Board.
On motion of Supervisor Wheeler, seconded by Supervisor Saraceni
and carried., finding the proposed rezone will not have a significant
impact on the environment, a negative declaration as recommended was
adopted pursuant to the requirements of CEQA; finding the proposed rezone
is consistent with the medium density residential designation of the
Butte County General Plan; the rezone from "TZ 4" (maxium density
residential- restricted service) to "MHP" (mobile home park) property
Page 253.
~ September 15, 1981
81-
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Located on the south side of 'Lassen Avenue at Morseman Avenue, identified
as AP 44-21-29, Chico; Ordinance 224b was adopted and the Chairman authorized
.o sign.
2374 ADOPT ORDINANCE 2247: PUBLIC HEARING; PETER GIAMPAOLI PROPOSED NEGATIVE
DECLARATION AND REZONE FROM "R-3" (MEDIUM DENSITY RESIDENTIAL) TO "PA-C"
(PLANNER AREA - CLUSTER) TO ALLOW'A 45 UNIT RESI'DENTI'AL DEVELOPMENT ON
ROPERTY LOCATED ON THE NORTHI~TESTERLY CORNER OF JOSHUA TREE ROAD AND
OSADA WAY IDENTIFIED AS AP 44-61-8 9 10 & 11 CHICO
The public hearing on Peter Giampaoli proposed negative declaration
and rezone from "R-3" (medium density residential) to "PA-C" (planned area-
cluster) to allow a 45 unit residential development on property located
on the northwesterly corner of Joshua Tree Road and Posada Way, identifiied
as AP 44-b1-8, 9, 10 and 11, Chico was held as advertised.
Charlie Woods, planning department, set out the background
f the rezone.
Hearing open to the public. Appearing: Pete Giampaoli.
', Hearing closed to the public and confined to the Board.
It was moved by Supervisor Wheeler, seconded by Supervisor Saraceni
:hat noting the requirements of the California Environmental Quality Act
lave been completed and that the environmental documents have been
:onsidered in making this decision., a negative declaration was adopted; finding
.he project substantially conforms to the Genexal Plan; the rezone from
'R-3" (medium density residential') to °PA-C" (.planned area - cluster) to
allow a 45 unit residential development on property located on the north-
~esterly corner of Joshua Tree Road and Posada Way, identified as AP 44-61-8,
~, 10 and 11,, Chico was approved; Ordinance 2247 was adopted and the Chairman
authorized to sign subject to the following conditions:
1. Submit road and drainage plans to the Department of Public Works
for approval and install the required facilities.
2. Indicate a 50 ft. building setback line from the centerline of
Posada Way and Joshua Tree Road.
3. Street signs. shall be provided by the developer at all street inter-
sections per County requirements. (Submit 5 alternate street names
for each street to the County address coordinator for approval of
street names).
4. Construct inverted street section on all interior streets to 24 ft.
minimum paved width with vertical curb, gutter, and 2" AC, 4" AB,
SC 250 prime, fog seal and 95% relative compaction. Submit design~to
County Department of Public Works for approval. "R" value determina-
tions and other data may be required to support section design.
5. Street grades and-other features shall comply with the Butte County
Ordinances, design resolution and other accepted engineering standards.
6. Provide monumentation as required by the Department of Public Works in
accordance with accepted standards.
7. Provide permanent solution for drainage, including tieing onsite
drainage to the existing storm drain system.
', 8. All easements of record to be shown on the final map.
Page 254.
September 15, 1981
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81°
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', 2380
September 15, 1981
'9. Meet requirements of Butte County Fire Department or other responsible-
agency.
10. Street lighting shall be provided in accordance with Butte County
requirements, accepted design criteria, and recommendations of PG&E.
11. Provide 1 ft. no access strip along Joshua Tree Road except at approved
access locations.
12. Pay off assessments.
13, Meet the requirements of the utility companies (ie., PG&E, Pacific
Telephone, water and sewer)e
14. Pay any delinquent taxes.
15. File a: tentative and final subdivision map and pay appropriate fees.
16. Developer shall provide all traffic safety signs including stop signs
17. Contribute $1,000 toward installation of traffic signals at the
intersection of Eaton Road and Silverbell Road.
18. Provide domestic water from the California Water Service Company.
19. Provide a sewage disposal design in compliance with Butte County and
California State Regional Water Quality Control Board requirements.
20. Provide a homeowners association, or other legal entity, reviewed
by the Butte County Health Department for the installation, repair,
maintenance or replacement of the sewage disposal systems.
21. Applicant must also comply with all other applicable State and local
statutes, ordinances and regulations.
Supervisor Dolan stated it should be pointed out that this is
a rezone where the density limitations by the rezone are within the
discretionary finding in conformance with the General Plan. The property
owner with the current "R-3" zoning could be building many more units
and exceed the density limit of the General Plan.
Vote on motion:
AYES: Supervisors Dolan, Saraceni, Wheeler and Chairman Moseley
NOES: None
ABSENT: Supervisor Lemke
Motion carried.
PUBLIC HEARING: ROBERT L. BROWN PROPOSED NEGATIVE DECLARATION AND APPEAL
OF PLANNING COMMISSION'S DENIAL OF REZONE, AP 48-O1-17, 20, 21, 22 & 23,
PROPERTY LOCATED ON THE NORTHEAST CORNER OF COHASSET ROAD AND THORNTREE
DRIVE CHI CO -CONTINUED TO SEPTEMBER 24 1981
The public hearing on Robert L. Brown `proposed negative declaration
and appeal of-the Planning Commission's denial of rezone, AP 48-01,17, 20,
21, 22 and 23, property located on the northeast corner of Cohasset Road
and Thorntree Drive, Chico was held as advertised.
A letter has been received from Mr. Brown. asking that the
hearing be continued to September 29, 1981.
Page 255.
September 15, 1981
81-
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September 15, 1981
- - Hearing open to the public. Appearing;.. No one.
The hearing was continued to September 29, 1981 at 10:15 a. m.
2381
2382
PUBLIC HEARTNG DATE 'SET
Dan Hays asked that the Board set~a;hearng for consideration of
the cable television system he is proposing to install. This area would
be easterly of Highway 32 in the Doe Mill Ridge area. This system would be
for private lands and there are agreements by all the: land owners to be
a part of the system. He is in the process of working with County Counsel
on drafting a franchise agreement. The area to be considered will be
portions of Sections 1, 2, 12, 11, l0, 14, 13, 23 and 24, T22N; R2E; and
portions of Sections 6, 7, 18 and 19, T22N, R3E. The more specific
description is being prepared. He agreed to pay the county for the cost
of the publications.
On motion of Supervisor,Saraceni, seconded by Supervisor Wheeler and
carried, a; public hearing date of October 20, 1981 at 10:15 a.m. was
set for consideration issuing a non-exclusive franchise for a community
antenna television system (CATV) for Buzztail Radio and Television
Company for the Doe Mill Ridge area east of Chico.
APPEARANCE: JAMES HANSEN
Mr. Hansen stated that the last time he was before the Board
was concerning the pot burning in Butte County. There were two articles
in the newspapers regarding this. Secrets in government are a no, no in
a free nation. He would like to see the news media cover. the pot burning.
He spoke regarding the newspapers articles that had been written about
him and his campaign.
2383 PUBLIC HEARING: JOHN FRANKLIN APPEAL OF CONDITIONS 5 & 6 TO THE TROY ESTATES
SUBDIVISION, AP 64-31-2, 4 & 7, 33 LOTS, PROPERTY LOCATED ON THE SOUTH SIDE
OF COLTER WAY EAST OF CARNEGIE ROAD PARADISE PINES AREA
The public hearing on Sohn Franklin appeal of conditions 5 and 6
to the Troy Estates Subdivision, AP b4-31-2, 4 and 7, 33 lots, property
located on the south side of Colter Way, east of Carnegie Road, Paradise
Pines area was held as advertised.
Clay Castleberry, public works director, set out the background
of the appeal. This subdivision is surrounded by Paradise Pines area.
They have reached a compromise is which the streets within the subdivision
site should be similar to the existing subdivision outside. For the cul-de-
sac streets, they would be the same as the other cul-de--sac streets. Troy
Way would be the same as Colter Way. He recommended that the Board sustain
the appeal on the condition of leaving the condition on the streets within
the subdisasion being built as those within the existing subdivision. They
', county had been asking for a higher standard and the applicant wanted a
lower standard.
Hearing open to the public. Appearing: Gary Lippincott. Mr.
', Lippincott stated he was representing the developer. He agreed that the
RS-4-A standard road would continue to apply'to that portion within Troy
', Way. The eul-de-sac would be similar to the other cul-de-sae-.type streets
in Paradise Pines, which would be similar to the RS-3-C standard. That
is about 24 feet of pavement. The portion of the xoad they are talking
about is the portion within the subdivision and would conform to Troy
Way on.the north side. This is the road that would be the connection
on the north subdivision Tine out to Carnegie Road.
Mr. Castleberry stated this was a compromise on the street width.
He recommended that the Board either sustain or reject 'the appealand considering
the appeal to proceed that the street width would be as other appropriate
streets and all other condition~`fo-remain the same.
Page 256.
September 15, 1981
81-
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2384
T=-____~___- SeptemberlS,_19_81_________________
Hearing closed to the public and confined to the Board.
On motion of Supervisor Saraceni, seconded by Supervisor Wheeler
and carried, the appeal of John Franklin of conditions 5 and 6 to the Troy
3states Subdivision, AP 64-31-3, 4, and 7, 33 lots, property located on the
south side of Colter-Way, east of Carnegie Road, Paradise Pines area was
sustained and the same standards will be applied on Carnegie Road to Troy
day as are applied on outside streets and that the cui-de-sae streets
gill be the same standards as the other cul-de-sac streets in the area
and the conditions are as follows:
5. Construct full street section on Troy Way within the
subdivision to RS-4-A geometric standards minimum structural section to be
?" AC and 8" AB SC 250 prime fog seal and 95% relative compaction. Submit
iesign to County Department of Public Works for approval. "R" value
3eterminations and other data may be required to support section design.
6. Construct full street section on cul-de-sac streets to
RS-4-B road standard with 2" AC, 8" AB, SC 250 prime, fog seal and 95%
selection compaction.
IC HEARING: BRUCE MC CREA - APPEAL OF'ADVISORY AGENCY'S CONDITION 8 ON
ATIVE PARCEL MAP, AP 47-37-25, TWO PARCELS, PROPERTY LOCATED ON THE
H SIDE OF KEEPER ROAD, WEST OF HICKS LANE, CHICO AREA
The public hearing on Bruce McCrea appeal of the Advisory Agency's
ition 8 on tentative parcel map, AP 47-37-25, two parcels, property
ted on the south side of Keefer Road, west of Hicks Lane, Chico area
held as advertised.
Supervisor Wheeler stated that a letter was received about the
drainage fees and they were not adequately notified so the Board made the
findings for the public hearing for Bruce McCrea. There-was also an
appeal by Tom Duncan in-the same letter. This appeal was not published.
The Soard can hear.Mr. McCrea's appeal and she stated she would be asking
the Board to make the findings and set a hearing for Mr. Duncan.
Hearing open to the public. Appearing: Bruce McCrea. Mr.
McCrea stated that in January the county was in the position of not collecting
drainage fees. He had received some money back. The engineer had advised
him there was no problem with the drainage by itself and that he would not
have to worry about the drainage. There is no clear definition of what
the condition means. He was not aware of the procedure. He has since
discovered that when he is ready to record Public Works is saying there
is a problem relative to this condition.
Supervisor Dolan stated that Mr. McCrea wanted the Board to
remover a condition. These parcels are in an area where the Board is
continually discussing the overall drainage problem. The county is at
some point in .the study. She wanted to know what happened if the study
determined that urban drainage systems were needed.
Mr. McCrea understood Supervisor Dolan's concerns. There is
nothing on the books to have any kind of solution. There is no drainage
problem to begin with. When there is a problem, the county will come in
and form an assessment district and it will make no difference whether
a person paid $100 ten years ago or not. He would not like to see his
parcel map waiting for the time that the county has the legal basis to
require fees. There are other parcels in the area that have not had to
come up with the drainage fee.
Page 257.
September 15, 1981
81'-
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September 15, 1981
Supervisor Dolan stated this was a catch 22 situation with both
the applicant and the county. If th~Board allows this to go through prior
to the study and some get by without contributing to the system, then it
could look like a deal. The-Board is trying to meet conflicting needs. They
are trying to study the area to see where the pipes are to go in and trying
to allow parcels to be divided. At same point, this must be taken care of.
Mr. McCrea stated that the fact that the property does not pay
will not make any difference to the drainage plan and there will be many
different lots that will all become part of the district. He did not
appeal the matter earlier because he thought that-what they were doing
was correct.
Hearing closed to the public and confined to the Board.
2385
*~*
6n motion of Supervisor Wheeler, seconded by Supervisor Saraceni
and carried, the par eel map of Bruce McCrea for AP 47-37-25, two parcels,
property located on the south side of Keefer Road, west of Hicks Lane,
Chico area was approved subject to all the conditions previously approved
with the exception of condition 8 which was deleted, and .that at a future
date when the drainage district is established Mr. McCrea will actively
participate in the formatienof that drainage district.
APPROVE LOAN FOR 2289 ELGIN STREET TINDER HOME PURCHASE ASS~ANCE PROGRAM
Ward Connerly, Connerly & Associates, set out the background
of the developer's proposal for 2289 Elgin Street for the home purchase
assistance program loan in the amount of $40,900 to Will Dvorak and Greg
Overlin. This is the first proposal they axe bringing forward to the
Board under the new program that was discussed a few meetings ago. They
have met with HUD, who approved the concept. They have received more
requests than they have money for the program. There are ten applications
from people he felt would qualify. He would like the loan to be not
to exceed $40,900. They do not want to get involved with providing
financing for the amount of purchase. He has not been able to verify
the purchase price for this property at this time. He wanted to verify
the acgtisition cost. The approval would be subject to getting a letter
from HUD that the amount that is being paid for acquisition would be an
eligible expense. Of the $40,900', $23,000 is for rehabilitation and the
rest would be for acquisition. This loan will be assumed by the applicant
accepted for purchase of the home after rehabilitation. Allowing the
buyer to do this does not constitute a cash payment.
Supervisor Dolan questioned whether the applicant developers
were currently the owners of the property.
Mr. Connerly advised they were not. There are realtors and
investors making purchases. These are vacant properties. This is for,
rehabilitation of structures that are blighted. There would be two
two--party agreements for this type of loan; one between the county and
developer for buying and rehabilitation and the other between the county
and the buyer and letting them assume the loan at the interest rate made
available to the county.
On motion of Supervisor Saraceni, seconded by Supervisor Wheeler
and carried, the loan under-the home purchase assistance program in an
amount not to exceed $40,.900 to Will Dvorak and Greg Overlin for improvements
of 2289 Elgin Street, Oroville was approved subject to receiving formal
approval on the amount of acquisition 6y HUD. AXES: Supervisors Saraceni,
Wheeler and Chairman Moseley. NOES: Supervisor Aolan. ABSENT: Supervisor
Lemke
Page 258.
September 15, 1981
811L386
a
2387
-_________= Se~temberl5~ 1981 ________________
APPROVE ADDENDUM TO AGREEMENT WITH COMMUNITY ACTION AGENCY FOR MINOR HOME
REPAIR PROJECT IN SOUTH OROVILLE (HCD)
Ward Connerly, Connerly & Associates, set out"the addendum to
the agreement with Community Action Agency of Butte County, Inc. for the
operation of a Minor Home Repair Project in South Oroville. There is a contract
with CAA for $33,000 that runs out the end of September. He was asking
that the contract be extended from October-1, 1981 to December 30, 1981
in the amount of $15,000 for the repair of about twelve houses. These
are owner-occupied houses.
On motion of Supervisor Saraceni, seconded by Supervisor Wheeler
and carried, the addendum to the agreement with the Community Action Agency
of Butte County, Inc. fox the operation of a Minor_Home Repair Prajeet in
South Oroville which will extend the agreement through December 31, 1981;
pay the agency up to $33,075 to effect minor repairs for a maximum of 42
houses during the period October 1, 1980 through. September 30,, 1981; and
pay the agency up to $15,000 for repairs of twelve houses for the period
October 1, 1981 through December 31, 1981 was approved and the Chairman
authorized to sign.
DISCUSSION-: PROGRESS REPORT OF CONNERLY AND ASSOCIATES, INC. ON ACTIVITIES
AND PROGRESS OF EXPENDITURES FOR THE 1978-79 & 1980-81 COMMUNITY DEVELOPMENT
BLOCK GRANTS: AUTHORIZE REIMBURSEMENT FOR TELEPHONE CALLS FOR FIRST
APPLICANT IN THE CHAPMANTOWN AREA AS PART OF THE PROGRAM
Ward Connerly, Connerly and Associates, reported on the progress
of their activities and progress of expenditures for the 1978-79 and
1980-81 Community Development Block Grants. He would like Supervisor
Dolan's support for the home assistance program.
Supervisor Dolan asked that the Board be provided with a written
report.
Mr. Connerly stated-that if Supervisor Dolan would like the report
in writing he would be happy to do so. This morning he met with Farmers
Home Administration and discussed the $16,000 that was left £rom the El
Medio Ditch. It appears the county will be allowed to use these funds
for surface improvements. They would like to use the funds for curb,
gutter and sidewalk for additional blocks. Within two weeks they will
come back with something specific. The public works activities are underway.
There are working in 13 blocks. The enthusiasm is great. They have
received approval of $500,000 for the 1981-82 grant. HUD was in the
county and monitored the program. There were no problems with the program.
Administration did an excellent job of getting the files established. Many
of the rehabilitation applications generated by Administration are in
progress, and Administration deserve a tremendous amount of credit. They
have $57,000 for the state deferred program and have approved $10,000
application. This application would be a piggyback for rehabilitation
in E1 Medio. There are two other applications under the state deferred
program. He mentioned-that the home purchase assistance program will be
a key of where they go in El Medio. Everytime they come in with an
application for a loan under the home assistance grogram, there will be
something different about that application.
Mr. Connerly stated there was one situation in Chapmantown where
they made a loan to an applicant who had to do the pioneering with them.
(They were acting as the owner builder which saves the applicant 20 to 30%
in cost. He would like to discuss the possibility of reimbursing that
applicant for the telephone calls she made. On the evolving program, he
felt that some of the calls were legitimate: He felt an amount of $150
would be reasonable. This should come out of the program expenses.
Other owner builders will not have to deal with this process.
Page 259.
September 15, 1981
~r~
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.-______--____Se_ptem_ber_l5_, 1981_,_______--__ _~_-_
It was moved by Supervisor Saraceni', seconded by Supervisor Wheeler
:hat the applicant in the Chapmantown area who was the first applicant on
.he program be reimbursed for telephone calls not to exceed $150 as part
if the program expenses.
Supervisor Dolan stated-that to include this as overhead is an
outright grant. She could not go along with this for the telephone calls.
Vote on motion:
AYES: Supervisors Saraceni, Wheeler and Chairman Moseley
NOES: Supervisor Dolan
ABSENT: Supervisor Lemke
Motion carried.
2388
RECESS: 12:50 p.m.
RECONVENE: 2:00 p.m.
ADOPT RESOLUTIONS 81-210 & 81-211: PUBLIC HEARING BUTTE COUNTY PLANNING
COMMLSSION GENERAL PLAN AMENDMENTS
The following public hearings were held regarding the Butte
County Planning Commission General Plan amendments as advertised:
1. Draft environmental impact report and Upper Paradise Ridge
amendment to the Land Use Element Map of the Butte County General Plan
of Grazing and Open Land, Timber Mountain, Agricultural Residential, Low
Density Residential, Medium Density Residential, and Commercial and Public.
2. Proposed negative declaration and Lawrence Hammons amendment
to the Land Use Element of the Butte County General Plan to change the
Land Use Map designation from Low Density Residential to Industrial.
Charlie Woods, planning department, set out the background of
the amendments.
Hearing open to the public. Appearing:
1. Bill Spruance, representing Norma Frances King. Mr.
Spruance stated that Ms. King is the owner of mineral rights on 130 acres
in the upper ridge area. He was not speaking against the plan. Under
the proposed amendment, the area where the mineral rights are situated would
be designated as low density residential. These mineral rights are at
an elevation of 100 feet below the surface. There is not a mining operation
on the surface now. He was looking for assurance that when and if the
time comes that the underground rights are looked at that there is
something in the zone to protection of those rights. The entrance to
the type of mining: would be outside low density area. At the Planning
Commission hearing .they were given some assurances that it would be
possible with a General Plan amendment to accomplish what is needed for the
mineral rights, either in the form of an overlay or an amendment to the
zoning districts.
Mr. Woods advised that the amendment under discussion does
not have a major direct bearing on Mr. Spruance's client. That is in the
nature of a zoning issue. There are probably a number of ways to handle
that type of problem. He has contacted other counties where mining is
active and it has never been a problem.
2. E. M. Burgess. Mr. Burgess stated that the amendment effected
,his property. He set out where his property was located. He would like
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I September 15, 1981
81-
September 15, 1981
his property low density. He is working on a project at the present time.
The railroad divides his property and there is a division on the amendment.
Mr. Woods stated that the amendment proposes this property as
for agricultural and rural residential. He did not think there would be
a problem for Mr. Burgess.
Hearing closed to the putilic and confined to the Board.
Hearing reopened to the public. Appearing:
3. Glen Russell. Mr. Russell stated he owned nine acres adjoining
Mr. Hammons property. He was in favor of the amendment.
Hearing closed to the public and confined to the Board.
2389
2390
2391
2392
2393
2394
2395
On motion of Supervisor Saraceni, seconded by Supervisor Wheeler
and carried,+#~tie•~following;resolutions were adopted and the Chairman
authorized to sign:
1. Resolution 81-210 accepting and certifying the final environ-
mental impact report for the revised Paradise Area Land Use Plan (Paradise
Upper Ridge).
2. Resolution 81-211 adopting the revised Paradise Area Land
Use Plan and amending the Oroville Area Land Use Plan as an amendment to
the Butte County General Plan taking in the Upper Paradise Ridge amendment
and the Lawrence Hammons amendment.
APPOINTMENT TO THE HOUSING ELEMENT TASK FORCE DISTRICT 4 TAKEN OFF AGENDA
Consideration of the appointment to the Housing Element Task
Force, District 4 was taken off the agenda.
APPOINTMENT TO THE OVERALL ECONOMIC DEVELOPMENT PROGRAM COMMITTEE,
DISTRICT 1
On motion of Supervisor Saraceni, seconded by Supervisor Dolan
and carried, Steven Howell was appointed to the Overall Economic
Development Program Committee, District 1.
APPOINTMENT TO THE COUNTY EMERGENCY MEDICAL SERVTCES~COMMITTEE
On motion of Supervisor Dolan, seconded by Supervisor Wheeler
and carried, John Hawkins was appointed to the County Emergency Medical
Services Committee to replace John Thurman.
APPOINTMENT TO THE BUTTE COUNTX PUBLIC
On motion of Supervisor Dolan, seconded by Supervisor Wheel
and carried, Dennis Hoptowit was ratified as appointment to the Butte
County Public Defender Advisory Committee.
APPOINTMENT TO TfiE PERSONNEL APPEALS COMMISSION, COMMUNITY MEMBER
On motion of Supervisor Dolan, seconded by Supervisor Saraceni
and carried, Neil McCabe was appointed as the community member of the
Personnel Appeals Commission.
APPOINTMENT TO GRIDLEY SENIOR CITIZENS ~'
On motion of Chairman Moseley, seconded by Supervisor Saraceni
and carried, Clancey Stute was appointed to the Gridley. Senior Citizens.
ADDITIONAL MATTERS PRESENTED BY BOARD MEMBERS
Supervisor Wheeler asked that a letter of reaffirmation be sent
to Harlan Adams for appointment to the Butte County Senior Citizens Committee.
Page 261.
September 15, 1981
September 15, 1981
81-2396 COMMUNICATIONS
~' Bob C. Tuttle, Chico. Mr. Tuttle writes appealing the Planning Commission's
denial of his request for variance (.categorically exempt from
environmental-review) to allow structures: two feet from the side
property line on propi2rty zoned "S-R" (suburban -residential),
_AP 39-38-30, property located on'the east side. of Dayton Road,
', approximately-350 feet south of Marian Road, Chico area. Set
for hearing October 6, 1981 at 11:30~a.m.
', Ruth Murphy, Chico. Ms. Murphy writes thanking the Board for their
decision not to rezone the Gary Smith property and for its
budgetary decisions. Information; no action taken.
N. R. Stanley, Fiddletown. Mr. Stanley writes in opposition to reductions
', proposed for the memorial hall budget. Letter to be written.
', Butte County Historical Society. The society writes asking for the correct-
designation of Long's Bar Road and the erection of new road
signs. Referred to Public Works Director.
Erma L. Walters, attorney at law. The attorney, on behalf of Jkffery Lamb,
files a claim in the amount of $10,.000 as a result of alleged
damages sustained on or about June 26, 1981 while incarcerated
in the jail. To be considered on September 22, 1981.
Mrs. Josephine Byrns. Mrs. Byrns writes in follow-up to the Board forwarding-
', a complaint to the Sheriff concerning the conduct of a deputy
sheriff in the matter People vs. Larry Bruce Byrns. Referred to
', Sheriff and Counsel for response.
Connerly & Associates, Inc. The Housing and Community Development consultant
forwards his report to the Board on the rights of the physically
', handi-apped with regard to the Community Development Block Grant
', Program. Copy to be forwarded to Jess Ehmke.
', Robert Brown, Chico. Mr. Brown writes asking that the hearing scheduled
for September 15, 1981 relative to his appeal of the Planning
Commission's denial of rezone and asks that the hearing be
continued to September 29, 1981. Handled earlier in the meeting.
2397 VICTIM'S BILL OF RIGHTS INITTATIVE TO BE CONSIDERED ON OCTOBER 20, 1981
', TNSTEAD OF OCTOBER 6, 1981
Consideration of the Victim's Bill of Rights Initiative is to
be considered on October 20, 1981 at 11:00 a.m instead of October 6, 1981
as considered in the meeting of September 1, 1981.
2398 MAKE FINDINGS PURSUANT TO SECTION 20-66 OF.`THE.BUTTE COi7NT'Y CODE AND
SET PUBLIC HEARING DATE FOR TOM'DUNCAN APPEAL OF CONDITION ON TENTATIVE
PARCEL MAP
On motion of Supervisor Wheeler, seconded by Supervisor Saraceni
and carried, the findings pursuant to Section 20-66 of the Butte County
Code based on the fact the applicant was not adequately notified, were
made; a public hearing date, of October 6, 1981 at 10:15 a.m. was set for .
consideration of Tom Duncan, appeal of condition. 8 (provide permanent
solution for .drainage), on tentative parcel map, AP 37-47-23, two parcels,
on the south side of Keefer Road, west of Hicks Lane, north Chico area.
CLOSED SESSION: The Board recessed at 2:56 p.m, to hold a closed session
on meet and confer and litigation.
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September 15, 1981
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September 15, 1981
RECONVENE: The Board reconvened at 3:55 p.m. following a closed session
regarding .meet and confer and litigation. No action taken.
ADJOURNMENT
There being nothing further before the Board at this time, the
meeting was adjourned at 3:56 p.m. to reconvene on Tuesday, September 22,
1981 at 9:00 a.m.
ATTEST: CLARK A. NELSON, COUNTY CLERK-
RECORDER and ex-officio Cle
of the Board of Supervisor
Chairman, Board of S ervisors
By
Page 263.
September 15, 1981