HomeMy WebLinkAboutM093080September 30, 1980
STATE OF CAhIFORNL4 )
SS.
COUNTY OF BIITTE )
80- The Board of Supervisors met at 9:00 a.m. pursuant to adjournment.
b Present: Supervisors Dolan, Moseley, Wheeler and Chairman Lemke. Clif
Mickelson, administrative officer; Dan Blackstock, county counsel; and Clark Ao
elson, county clerk-recorder, by Nancy Wilson, deputy clerk. Absent:
Supervisor Winston
of Allegiance to the Flag of the United States of America
anon by Supervisor Moseley
1517 PPROVAL OF MINUTES
On motion of Supervisor Wheeler, seconded by Supervisor Moseley
nd carried, the minutes of September 23, 1980 were approved as mailed.
1515 SUPERVISOR WTNSTON ERCUSED FROM MEETING
Chairman Lemke stated Supervisor Winston had called him and indicated
e would be out of town due to prior commitment.
1519 (ADOPT ORDINANCE. .2.7._43 SALARY ORDINANCE AMENDMENT
On motion of Supervisor Wheeler, seconded by Supervisor Dolan and
carried, +the second reading of a salary ordinance amendment implementing new
ositions and reclassifications as set forth in the FY 81 budget was waived
nd Ordinance 2143 to become offective November 8, 1980 was adopted and the
hairman authorized to sign.
1520 DOPT ORDINANCE 2144 SALARY ORDINANCE AMENDMENT
' On motion of Supervisor Moseley, seconded by Supervisor Wheeler and
arried, the second reading of a salary ordinance amendment implementing the
Y 81 budget positions for the Sheriff`s Department was waived and Ordinance
144 to become effective November 8, 1480 was adopted and the Chairman
uthorized to sign.
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1522
1523
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On oration of Supervisor Dolan, seconded by Supervisor Moseley and
arm ed, the health insurance contract amendment for- North State`CooperatiVe
#.brary System to include vision cere.rprogram at no'county.cost was approved.
On motion of Supervisor Moseley, seconded by Supervisor Wheeler and
arried, the response to the Department of Labor in regards to Audit Report
90-80-G-044-TI was approved and the Chairman authorized to sign.
On motion of Supervisor Wheeler, seconded by Supervisor Dolan and
arried, the authorization to hire the District Attorney`s Office CJIS
'roject Coordinator at the C range was approved.
.YES: Supervisors Dolan, Wheeler and Chairman Lemke
OES: Supervisor Moseley
BSENT: Supervisor Winston
On motion of Supervisor Moseley, seconded by Supervisor Dolan and
arried, Resolution 80-206 fixing tax rates in the County of Butte for 1980-81
as adopted and the Chairman authorized to sign.
1525 PPROVE PURCiiA SE OF EMERGENCY PAGING SYSTEM BY wM'Ll''AKC~ llL'YAK'1'MC~LV1
On motion of Supervisor Wheeler, seconded by Supervisox Moseley and
arried, the purchase of emergency paging system by Welfare Department at a
cost of $225 for the-Child Protective Services unit was approved.
Page 267.
September 30, 1980
September 30, 1980
80-1526
d
1527
On motion of Supervisor Moseley, seconded by Supervisor Wheeler and
carried, Contract Change Order #5 for Chico Municipal Court remodel in the
increasing amount of $431 for last minute corrections and involves no time
extensions (Budget Transfer 17) was approved and the Chairman authorized
to sign.
APPROVE PENALTY ABATEMENT REQUESTS
On motion of Supervisor Wheeler, seconded by Supervisor Moseley and
carried, the following penalty abatement requests were approved:
1. Norseman Duplex Investors, AP 044-70-0-001-0, 004-0, 005-0,
006-0, 007-0, 009-0, 019;0, 023-0, 029-0 and 033-0
2. Don M. & Linda K. Smith, AP 051-1b-2-064
3. Ethel N. Griggs, AP 055-41-0-011-0
4. Rodney Manning, AP 033-42-0-001-0
5. Kenneth L. Pedersen, AP 052-19-3-022-0
6. Mark F, Levine, AP 065-10-0-037-0
7. Evelyn W. Steinberg, AP 029-17-0-014-0
152 8
DENY PENALTY ABATEMENT REQUESTS
Clif Nickelson, administrative officer, stated the hoard was
sent a memo regarding the penalty abatement requests-which should be denied
in accordance with the provisions of Revenue and Taxation Code Section 483
as they exceed the 60 day time period.
On motion of Supervisor Wheeler, seconded by Supervisor Dolan and
carried, the following penalty abatement requests were denied in accordance
with Revenue and Taxation Code Section 483:
1. Phillip Leon & Beborah Jane Blurton, AP 071-27-0-004-0
152 9
2. Ethel M. Griggs, AP 030-35-0-056-0
RE6~IND PRIOR ACTION OF SEPTEMBER 16 1980 PENALTY tBATEMENT REQUESTS
On motion of Supervisor Wheeler, seconded by Supervisor Moseley
and carried, ~ ~ - the. prior action of Sepremberi.I6, 1980, minute
order 80-1411, regarding the penalty abatement request was rescinded and the
following penalty abatement requests pursuant to Revenue and Taxation Code
Section 483 were denied:
1. Golden Plan of California, AP 013-22-3-002-0
2. Heitman Children's Trust, AP 047-10-0-062-0, 047-10-0-092-0,
047-10-0-094-0 and 047-10-0-108-0
3. John A< Brose, AP 056-11-0-026-0
4. William J. Richter, AP 035-22-2-019-0
5. William 3. Richter, AP 034-58-0-028-0
6. David D. Mackey, AP 027-04-0-012-0
7. Sandra E. Hazel, AP 031-31-0-027-0
8. R. E. Tuck, AP 040-39-0-03'2-0
Page 268.
September 30, 1980
September 30, 1980
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A letter of explanation is to be mailed each individual explaining
the Board's action.
1530 APPROVE CONTRACT AMENDMENT TO FACILITIES MANAGEMENT CONTRACT
There was a motion by Supervisor Wheeler, seconded by Supervisor
Dolan, the amendment to the Systems and Compyter Technology Corporation
contract in the amount of $22,175.37 in exchange for 4.68 man months of
original contract commitment as a result of work undertaken and completed
as part of the CETA grants management system be approved and the Chairman
authorized to sign.
Clif Nickelson, administrative officer, set out the background
of the amendment request. When the CETA program decided to go on computer
there was a prior commitment with 5CT for one type of hardware. They are
trying to get the contract reimbursed for the full amount of man months.
Mr. Rackerby, personnel director, stated after the study for the
'computer request the federal government required more updated." information.
SCT looked at the system as to their needs.
Vote on motion:
AYES: Supervisors Dolan, Moseley, Wheeler and Chairman Lemke
ABSENT: Supervisor Winston
1531 CONTINUED TO OCTOBER 7 1980 CONSIDERATION OF UNIVAC SYSTEM 80 CONTRACTS
Continued to October 7, 1980 consideration of Univac System 80
contract in order for more information to be obtained.
1532 APPROVE BUDGET TRANSFERS
On motion of Supervisor Dolan, seconded by Supervisor Wheeler
and carried, the following budget transfers were approved:
B-11 - Communit Action Pro ram - Senior Nutrition Pro'ect.
Transfers $3,500 from fringe benefits to salaries and wages within the
Community Action Agency 1980 Senior Nutrition Program as approved by the
State Department of Aging on September 8, 1980.
B-12 - Communit Action Pro ram - Head Start. Transfers $1,800
from medical and dental expense and $2,000 from travel; with $1,400 going to
liability insurance and $2,400 to telephone expense in order to cover higher
than anticipated costs within the 1980 Head Start budget.
B-13 - Communit :fiction Pro ram - Housin Winterization Round III.
Increases the appropriation for salaries and wages, $4,02$; fringe benefits,
$863; travel, $1,000; space costs and rentals, $172; consumable supplies,
$9,967: and other costs, $3,970. The transfer is made pursuant to contract
modification #4 as approved by the State Office of Economic Opportunity on
September 17, 1980 with funding coming from state aid in the amount of
$20,000.
B-15 - Administration - HCD 701 Evaluation Program. Transfers
$6,023 from extra help, $165 from employee benefits and $1,186 from data
processing services; with $7,374 going to professional and specialized
services to cover the contract with Connerly & Associates to develop an .
effective community development monitoring system.
B-l6 - Sheriff-Coroner. Within the patrol division increases the
appropriation for regular salaries, $32,064 and employee benefits, $14,340.
Within the incarceration budget increases the appropriation for regular
wages, $28,341 and employee benefits, $12,973. Within the services division
increases regular wages, $17,0~O;:aud'employee benefits, $6,325. Total amount
of the transfer is $111,053 with funding coming from the reserve and provides
Page 269.
September 30, 1980
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1534
1535
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September 3D, 1980 _ _ _ _
the necessary appropriation to fund the nine new positions within the-
iheriff's Departments
B-17 - Federal Revenue.Sharine. Transfers $400 from the E1 Medio
inch project to the Chico Municipal Court remodel project and provides for
the funding of change order ~~5 as well as building-and grounds maintenance
3dministxative overhead costs attributable to ,the remodel project.
4PPROVE COMMUNITY ACTION AGENCY ITEMS
On motion of Supervisor Wheeler, seconded by Supervisor-Dolan and
carried, the following Community Action Agency items were approved:
1. Approved the Senior Nutrition Program contract assignment
by transferring the Senior Nutrition Program contract from the California
Department of Aging to the University Foundation (Area Agency on Aging) to
become effective October 1, 1980 and the Chairman authorized to sign.
2. Approved the Rural Senior Service Project contract assignment`
from the California Department on Aging to the University Foundation {Area
Agency on Aging) to cover the period May 1 through September 30, 1980 with
a transfer balance of $86,909 from August 29, 1980 and the Chairman
authorized to sign.
ACCEPT "JAWS OF LIFE" FOR THE OROVILLE AREA
William Teie, fire warden, presented Mrs. Fairbanks and Mrs.
Saraceni from the "Jaws of Life Committee".
Mrs. Fairbanks stated through a community effort the Committee was
able to purchase two "~'aws of Life" and were donating one unit and accessories
to Butte County stipuZating_, that it be permanently located in the Oroville
area or specifically at the Itelly Ridge Fire Station.
On motion of Supervisor Moseley, seconded by Supervisor Wheeler
and carried, accepted the "Jaws of Life" unit and accessories to be maintained
and used as needed by the County and with the written agreement and under-
standing that the unit be permanently located in the Oroville area or more
specifically Ke11y Ridge Fire Station and a letter of appreciation be
written to the "Jaws of Life Committee".
APPROVE WOMEN INFANTS AND CHILDREN AGREEMENT -PUBLIC HEALTH
On motion of Supervisor Wheeler, seconded by Supervisor Dolan and
carried, the Women, Infants and Children agreement with the State Department
of Health Services in the amount of $58,264 to provide for operation of the
1980-81 WIC agreement covering the period October 1, 1980 through September 30,
1981 was approved and the Chairman authorized to sign.
SET PUBLIC HEARING DATE - NUISANCE ABATEMENT
Set a public hearing date of October 21, 1980 at 11:15 a.m. for
consideration to initiate abatement proceedings on a burned out house,
AP 35-21-1-3, located on the north side of Grove Street, 334 feet east of
Lincoln Street, Oroville.
APPROVE PUBLIC WORKS ITEMS
On motion of Supervisor Moseley, seconded by Supervisor 'Wheeler
and carried, the following Public-Works items were approved:
1. Approved contract change order No. 3, Table Mountain Bridge
across the Feather River, Project ~k28491-76-1 in the increasing amount of
$315 provides for revising of bearing assemblies at Piers 3, 4 and 5 and the
Chairman authorized to sign.
•- •• Page 270.
September 30, 1980
September 30, 1980
80- J 2. Approved an agreement with Town of Paradise for the town to
~ aintain subdivision, parcel maps and site improvement files within the
'ncorporated area and the Chairman .authorized to sign.
3. Approved-the Caltrans revised cooperative agreement No. 30879
hich provides for $26,000 increased state funding on the Sacramento Avenue
ssessment District to $148,500 and the Chairman authorized to sign.
1538 DDPT RESOLUTION 80-207 AND 80-208 SETTTN~~Y~P,~E'HEARING DATES FOR ABANDON-
TS OF PUBLIC UTILITIES AND RECREATTONAL EASEMENTS
On motion of Supervisor Moseley, seconded by Supervisor Wheeler
nd carried, the following were approved:
1. Resolution 80-207 setting a public hearing date of November 4,
980 at 10:00 a.m. for consideration o£ the Robert Anderson abandonment of
ublic utilities and recreational easement, Lot 155, Paradise Pines Unit 14
as adopted and the Chairman authorized to sign.
2. Resolution 80-208 setting a public hearing date of November 4,
980 at 10:00 a.m. for consideration of Cook Associates abandonment of
iscellaneous public utilities easements, Ke11y Ridge Estates, Units 4A, 4B,
Unit 6 and the Chairman authorized<-to sign. -
3. Set a public hearing date of November G~, 1980 at 10:00 a.m.
or consideration of reversion to acreage and resubdivision parcel map of
ots 269 through 276 and 280, Unit 4B.
1539 pRDINANCE ADOPTED AND RESCINDED RE: SECTION 14-50 OF THE BUTTE COUNTY CODE
On motion of Supervisar Wheeler, seconded by Supervisor Moseley
nd carried, waived the secdnd„reading -of'an ord'n2ince:; Ordinance 'adding
ection 14-50.to the Butte .County Code xegulatng.overnight parking of
ommercial vehicles was adopted and the Chairman authorized to sign.
Chairman Lemke presented two letters in regards to the ordinance.
tter from Sierra Del Oro Property Owners Association and Paradise Pines
operty Owners Association, Inc. requesting their county maintained roads
included in this ordinance.
Clay Castleberry, public works,director, stated everyone of these
ns would cost $100 and it would cost $2,500 for the signs in the ordinance
possibly $20,000 for these additional requests and he had not anticipated
s amount in his budget. They must replace signs that are stolen.
Chairman Lemke noted if the ordinance was county wide there would
no commercial parking on residential streets and would effect everyone.
Dan Blackstock, county counsel, stated to initiate a zone for this
e would not work. It would not work in areas outside of the Chico area.
is the question of how do you define residential areas. The ordinance
work better by using specific streets. It is up to the Board.
On motion of Supervisor Dolan, seconded by Supervisor Moseley and
arried, the previous motion regarding adoption of an ordinance adding Section
4-50 to the Butte County Code regulating overnight parking of commercial
ehicles was rescinded; to reconsider the ardinance and restudy the matter
s to implementation and costs.
Mr. Blackstock stated the Board could adopt the ordinance but not
gut up the signs. He will work with Mr. Castleberry and obtain more information.
Page 271.
September 30, 1980
__ Septembe_r30, 1980 _____~___~____
80-1540 PPROVE AUTHORIZING COUNTY COUNSEL TO SUBMIT COMMENTS ON DRAFT EIR FOR CENTRAL
a ALLEY PROJECT IN OPPOSITION
Discussion was held at this time regarding County Counsel's report
concerning the federal government plans in the reauthorization of the Central
alley Project.
On motion of Supervisor Dolan, seconded by Supervisor Moseley and
carried, County Counsel is to submit comments on draft EIR for Central Valley
Project to express opposition to the project as outlined in memo to the
Board on September 26, 1980.
1541 REPORT TO THE BOARD ON OCTOBER 7, 1980 ON FINANCIAL CONSULTANT FOR THE
Ban Black stock, county counsel, stated he would have a report
back to the Board on October 7, 1980 regarding the financial consultant
for the libraries.
1542 APPOINTMENT OF CSA(: riUAitu uF 1111cr:yrux rnriacac
Chairman Robert Lemke was appointed as a member of the GSAC Board
of Directors.
1543 COMMUNICATIONS
Charles Held, North Hollywood. Mr. Held writes appealing the Subdivision
Violation Committee's conditions ~~1 (verifying 60 foot legal
access) and condition ~~2 (provide two way traversable access)
on conditional certificate of compliance, AP 58-15-50, 1,300
feet north of Hoffman Road, west of Camelot Subdivision, Lake
Concow area. Set for public hearing on October 21, 1980 at 11:30 a.m.
John Wo Fry, Oroville. Mr. Fry writes commenting upon the Board's ~3aiving
of fees in regard to follow-up action on the appeal of Claudia
Normandin. Referred to Planning staff for report back on fees..
Cecil McIntyre, et al, Chico. The parties write forwarding information
concerning their participation with regard to the proposed
Northeast Chico Sewer Assessment District. Information; no action
taken.
Mr. and Mrs. Edwin E. Ryan, et al, Nelson. In follow-up to an earlier
letter, Mr. and Mrs. Ryan write concerning development taking
place within the Nelson community. Information; no action taken.
Supervisor Moseley and county staff working on issue.
California State Fair. The State Fair writes thanking the Board for partic-
ipating in the 1980 Maid of California Pageant. Information; no
action taken.
Drake Homes, Chico. The firm writes concerning their earlier request to
form a county service area for streetlighting purposes in the
Woodside Subdivision and asks that the county loan the district
the necessary funds for operation of the district until it is
self-supporting. Administrative Officer to report back on the
costs involved.
Aepartment of Labor. A telegram has been received with regard to the
availability of funds to contunue CETA operations after Sept-
ember 30, 1980. Information; no action taken.
RECESS: 9:43 a.m.
RECONVENE: 10:06 a.m.
Page 272.
September 30, 1980
------------= September30~ T980 =_==________=_
80- 154. PUBLIC HEARING: CONTINUED - MRS. JANIS ECIiARD, APPEAL OF CONDITION NO. 2
d ON TENTATIVE PARCEL MAP,.AP 71-03-17, FOUR LOTS, 1/4 MILE EAST OF BEAN
CREEK ROAD BETWEEN BALD ROCK ROAD AND ROCKERFELLER ROAD BALD ROCK AREA
The hearing on Mrs. Janis Eckard appeal of condition No. 2 on
tentative parcel map, AP 71-03-17, four lots, 1/4 mile east of Bean Creek
Road, between Bald Rock-Road and Rockerfeller Road, Bald Rock area was
held as continued.
John Mendonsa, public works department, set out the background
on the appeal. His office had received no responses from Mrs. Eckard.
_ The condition was to verify legal access to a county maintained road to
the county. There was no 60 foot access deeded on her property.
Chairman Lemke stated the Clerk had received a petition from
Mr. D. 0. Crose et al, agreeing to allow Robert Gilbert to represent
them at this hearing.
Hearing open to the public. Appearing:
1. Mika Evans, engineer, -0roville. Mr. Evans had posted a map
on the board indicating the parcels where owners agreed to give access,
those that did not and where there had been no response to inquiries.
2. Mrs. Eckard, applicant. Mrs. Eckard presented a letter from
Sid and Cecelia Leschinsky which had been addressed to Mr. Castleberry
requesting the road be declared as legal access and a letter from Joanne
Malone of-Palo Alto stating she could not attend the hearing but would send
a written statement to Mr. Castleberry. Mrs. Eckard set out the various
property owners she had contactede Some owners felt there was legal access
as it stands now. Some were willing to give the access but not to deed it
to the county.
Dan Blackstock,county counsel, stated if the-road they are trying
to prove has been in existence for a number of years, perhaps Mrs. Eckard
could get affidavit from long time residents so statingo They have accepted
this in the past. They could get an affidavit of adverse use. This is to
give assurance the county building inspector may be able to inspect the
property without being charged with trespassing.
Mr. Blackstock stated the Forest Service has the right to close
off the road at any time. His office has not corresponded with them for
some ten years and he did not feel their position had changed. It has been
a policy in the past to allow development with the notation the Forest Service
could close it at any time.
Mrs. Eckard stated 'she would try to get an easement from the
Bureau of Land Management, but she could not get a permanent one.
3. Robert Gilbert, Berry Creek. Mr. Gilbert stated he lived on
Rockerfeller Road. He had talked with Mr. Segar of the California Division
of Forestry who indicated the road only had to be graded once every four years.
He stated the property owners were willing to help but there parcels are
small and do not wish to give up part of their parcels.
4. Martin Rline. Mr. Kline stated he was in favor of anyone having
legal access to their property.
5. Charles Slack, Bean Creek Road. Mr. Slack stated he had re-
surveyed his property and there is a difference from what the deed shows.
He was concerned if the Forest Service should close the road he would not
have access to his property.
Page 273.
September'30, 1980
September 30, 1980
80-
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Mrs. Eckard stated they were trying to accomplish a mutual easement
ind easement to the property that is landlocked. There axe approximately
!2 people that have agreed to sign fora temporary easement. And she could
.rj+ to get an easement through Forest Service lande
Mr. Blackstock stated if they could get the easement it would be
better. In the past they have accepted adverse users affidavits. It is a
matter of the Board's policy. They could go back to the Forest Service
again. .Regarding a quiet title the applicant should contract her attorney.
Hearing closed to the public and confined to the Board.
On motion of Supervisor Moseley, seconded by Supervisor Wheeler
and carried, the appeal of the Advisory Agency's condition No, 2 on Mrs.
Janis Eckard's tentative parcel map, AP 71-03-17, four lots, 1/4 mile
east of Bean Creek Road, between Bald Rack area was dened;_recommending
Mrs. Eckard get an affidavit from people giving permission for the route.
1545 PUBLIC HEARING: CONTINUED - BOARD OF SUPERVISORS,.APPEAL OF DENTED REZONE
FROM "FR-10" TO "FR-5" THAT PROPERTY LOCATED ON THE NORTH•SIDE OF LUMPKIN
ROAD,-ONE-HALF MLLE SOUTHEAST OF CRAIG RECREATION AREA ACCESS ROAD, OWNED
BY B`?1tON AND HELEN CARSON AP .71-16:0. .EAST.OF ORO~LILLE '1~DOPTI~ORDINANCE 2145
The hearing on Board of Supervisors appeal of denied rezone (item
on which a previously certified environmental impact report was supplemented
ith site-specific data) from "FR-10" (foothill recreational - 10 acre parcels)
to "FR-5" {foothill recreational - 5 acre parcels) that property located on
the north side of Lurapkin Road, one-half mile southeast of the Craig -
Recreation Area Access Road, owned by Byron and Helen Larson, identified as
. P 71-16•-30, east of Oroville was held as continued.
Bettye Blair, planning director, set out the background on the
denied rezone. It was denied by Planning Commission and Mr. and Mrs. Larson
appealed the matter.
Earl Nelson, environmental review director, stated the impact was
reviously certified for the Craig-Mooretown rezone. They have prepared a
supplemental check list. The surrounding area is 10 acres. There would be
change to smaller parcels. If the project should be approved environ-
ental findings will need to be made. The subject project is approximately
one-third mile fram Lake Oroville.
Hearing open to the public. Appearing:
1. Byron Larson,. E1 Cerrito. Mr.Larsgn_ set out the history of
is application and his reasons for appealing the rezone. He has spent the
etter part of six to seven years going to meetings regarding this prot~lem.
e had worked for 20 years for Western Pacific. He and three partners purchased
the property in 19b7. He had hoped to retire and move up to this area. On
ecemirer 18, 1973 the area was zoned one dwelling on 20 acres. At that time
he Craig-Mooretown Residents was formed and he became a party of the groupo
e was wanting five acre splits on his property. There is no problem with
ercolation tests on his property. Mr. Larson presented a map to the Board.
'~* r. Larson. set out the location of his property. There is lake view and was
he reason for purchasing the property. He set out the area where the leach
fines could be placed. He is fifty percent owner.
Mr. Nelson indicated there is 5 percent to 30 percent slopes in the
Hearing closed to the public and confined to the Board.
Page 274.
September 30, 1980
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September 30, 1980
Mr. Evans stated in 1963 Mr. Tom Finless surveyed the property
with the State of California and there was 20.52 acres before the easements.
Mr. Nelson responded to Supervisor Wheeler's question regarding
the watex being a significant effect that there could be some discretion.
There could be cumulative effects on the five acre splits, it is a judgment
factor either way.
On motion of Supervisor Wheeler, seconded by Supervisor Moseley
and carried, finding that the Craig-Mooretown environmental impact report
certified on Maxch 4, 1980 which was ';supplemerited'.with-site specific-data
is app~.icablerfoi this project:" ._
On motion of Supervisor Wheeler, seconded by Supervisor Moseley
and carried, finding that the proposed project is in conformity with the
Land Use Element of the General Plan and all of the other elements of the Genera]
Plan the rezone from "FR-10" (foothill recreational - 10 acre parcels) to
"FR-5" (foothill recreational - 5 acre parcels) that property located on the
north side of Lumpkin Road, one-half mile southeast of the Craig~tecreation
Area Access-Road, owned by Byron and Helen Larson, identified as AP 71-16-30,
east of Oroville was approved; Ordinance 2145 was adopted and the .Chairman
authorized to sign,
Supervisor Dolan stated she felt the 10 acre zone should stand
and agreed with the Planning Director's Report.
Supervisor-Moseley stated she felt Mr. Larson had tried to work
very deligently towards the rezone.
Vote on motion:
AYES: Supervisors Moseley, Wheeler and Chairman Lemke
NOES: Supervisor Dolan
ABSENT: Supervisor Winston
154b
PUBLIC HEARING: HENRY MARTIN, SR. APPEAL OF DENIAL OF PROPOSED NEGATIVE
DECLARATION AND TENTATIVE PARCEL MAP,.AP 47-25-146, THREE PARCELS, PROPERTY
LOCATED ON THE WEST SIDE OF HICKS LANE, ,APPROXIMATELY 1,500 FEET SOUTH OF
KEEFER ROAD (ON LAND MARK DRIVE)_A_PRIVATE ROAD, CHICO AREA
The public hearing on Henry Martin, Sr. appeal of Advisory Agency
denial of proposed negative declaration and tentative parcel map, AP 47-25-14b,
three parcels, property located on the west side of Hicks Lane, approximately
1,500 feet south of Keefer Road (on Land Mark Drive) a private road, Chico
area was held as advertised.
John Mendonsa, public works department, set out the background on
the appeal. It was denied because of non compatible use neighboring an
agricultural use.
Earl Nelson, environmental review director, stated this is within
the area covered by the Chico Environs report. There are no .specific
environmental problems with the project.
Hearing open to the publico Appearing:
1. Russ Croninger, Ringel & Associates. Mr.. Croninger set out
the background on the projecto He was present when Mr.ti,Tarnke's' project
was approved. This project is across-the road. At the Advisory Agency
meeting they were told to wait-for the Chico Airport rezone to be heard.
Then they were delayed until the Art Warnke project was heard. They were
'told the Board ..did not make a policy decision so the project would have to
be denied, It is'"A-Z" propertye Mr. Croninger stated if it takes policy
Page 275.
September 30, 1980
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_ _ _ _ _ _ _ _ _ _ _ _ _ _ September 30,-1980 = - _ _ _ - - _ _ _ _ _ _ -
Erom the Board to the county staff level, he wished-somebody would make them
;o they would not have to wait-5 to 6 weeks.
2. De Vere Pace, Chico. Mr. Pace stated he lives on Hicks Lane
south of the project. He agreed with Mr. Croninger. He urged the Board
to approve this application.
Hearing closed to-the publ~ic:~and confined to the Board.
On motion of Supervisor Wheeler, seconded by Supervisor Moseley
and carried, finding that the proposed project could pot have a significant
effect on the environment, a negative declaration was accepted.
AYES: Supervisors Moseley, Wheeler,and Chairman Lemke
NOES: Supervisor Dolan '
ABSENT: Supervisor Winston
On motion of Supervisor Wheeler., seconded by Supervisor Moseley
and carried, the appeal of Henry Martin, Sr. tentative parcel map, AP 47-25-14b,
three parcels, property located on the west side of Hicks Lane, approximately
1,500 feet south of Reefer lioad (on Land Mark Drive) a private road, Chico
area Was upheld; finding it does conform with the Land i7se Element of the
General Plan and meets the guarantees as set by the State; subject to the
following conditions as approved by the Advisory Agency:
1. Provide two-way traversable access RS-8-LD-II 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
easements
4. Provide road maintenance agreemento
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. Provide cul-de-sac at the end of the street.
0, Obtain :encroachment permit and construct standard road approach providing
adequate sight distances
1. -Pay any delinquent taxes.
2. Meet the requirements of the Butte County Eire Department. -
. Provide an area for wells, and a one hundred foot leachfield setback
from the areas on each parcel.,
Provide a one hundred font setback around any existing wells, either
• within the property or within one hundred feet of the property boundaries.
5. Provide the required usable sewage disposal area on each parcel, and if
necessary, locate the dwelling construction site on Parcel 1 within the
•.aell setback. Page 276.
September'30, 1980
80-
b,
September 30, 1980 _
.16. Provide an easement for any portion of water well leachfield setback Y
area that extends into a neighboring property.
Supervisor Dolan stated the discussion-was similar to the one
across the street. She agrees with the Planning Director's findings and
daes not believe it conforms and it will have an impact on the surrounding
area. There is the drainage problem.
Supervisor Wheeler stated until a drainage proposal comes before
the Board it is wrong to hold up projects like this. It is an "SR-1"
designation from staff. There is going to be another study in Novembero
Vote on motion:
AYES: .Supervisor Moseley, Wheeler and Chairman Lemke
NOES: Supervisor Dolan
ABSENT: Supervisor Winston
1547
PUBLIC HEARINGS: ERNEST AND RUTH SMITH APPEAL OF DENIAL OF NEGATIVE DECLAR-
ATION REGARDING ENVIRONMENTAL IMPACT AND TENTATIVE PARCEL. MAP,,AP 28-08-11
(PORTION), TWO PARCELS,.PROPERTY LOCATED OFF OF HOMER LANE (PRIVATEE ROAD),
.OFF OF LAPORTE ROAD, NEAR THE BUTTE-YUBA COUNTY LINE, HONCUT AREA AND
MR. AND MRS. A. TRU%TON SUTKE APPEAL OF DENIAL OF A PROPOSED NEGATIVE
DECLARATION REGARDING ENVIRONMENTAL IMPACT AND TENTATIVE PARCEL MAP,
AP 28-08-11 (PORTION), FOUR LOTS,.PROPERTY LOCATED OFF OF HOMER LANE
(PRIVATE ROAD), OFF OF LAPORTE ROAD „ NEAR THE BUTTE-YUBA COUNTY LINE,
HONCUT AREA
The following hearings were held as advertised:
1. Ernest and Ruth Smith appeal of the Advisory Agency's denial
of a negative declaration regarding environmental impact and tentative parcel
map, AP 28-08-11 (portion), two parcels, property located off of Homer-Lane
(private road), off of LaPorte Road, near the Butte-Yuba County line,
Honcut area.
2. Mr. and Mrs. A. Truxton Sutke appeal of Advisory .Agency's
denial of a proposed negative declaration regarding environmental impact and
tentative parcel map, AP 28-08-11 (portion), four lots, property located
off of Homer Lane (private road), off of LaPorte Road, near the Butte-Yuba
County line, Honcut area.
John Mendonsa, public works department, stated the parcel numbers
are the same as they were divided and the roll came out. It has not been
given a new number.
.Earl Nelson, environmental review director, stated they used a
previous check list for these two projectso They recommend a negative
declaration.
Bettye Blair, planning director, stated the Planning Director's
Report sets out their position.
Hearing open to the public. .Appearing:
1. Ralph Byers, representing Mr. Sutke. Mr. Byers stated there
is a 20 acre minimum parcel zone. A11 of the surrounding property is in
Williamson Act and will not be divided again.
2. Bob Ruffin, engineer. Mr. Ruffin stated he had mailed the
Board a letter dated August 20, 1980.
Page 277.
.September 30, 1980
,~
September 30, 1980
80'. Hearing closed to the public and confined to the Board,
a
On motion of Supervisor Moseley, seconded by Supervisor Wheeler
and carried, finding that the proposed projectscould not have a significant
effect on the environment, negative declarations were accepted.
AYES: .Supervisors Ftoseley, Wheeler and Chairman Lemke
NOES: Supervisor Dolan
ABSENT: Supervisor Winston
On motion o£ Supervisor Moseley, seconded by Supervisor Wheeler
and carried, finding that the following projects are in conformity to all
elements of the General Plan the appeals were upheld; subject to the
conditions of the Advisory Agency listed below:
1. Tentative parcel map of Ernest and Ruth Smith, AP 2$-08-11
(portion), two parcels, property located off of Homer Lane`.~dprivate road),
off of LaPorte Road, near the Butte-Yuba County line, Honcut area; subject
to the following conditions:
1. Provide two-way traversable access RS-8-LD-I 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.
S. Show all easements of record on the final map.
b. .Provide street name signs per requirements of the Department of Public
Works prior to recordation of the final map.
7. Pay off any assessments.
8o Provide cul-de-sac at the end of the street.
9. Pay any delinquent tales.
l0o Show a one hundred (100) foot leachfield setback from the high water
mark of the stream on Parcels one (1) and two (2).
11. .Either prove the availability of domestic water on each. parcel or place
the statement on the map that there is no evidence that domestic water
is available.
12, Show two acres of usable sewage disposal area on each parcel.
2. Mr. .and Mrs. A. Truxton Sutke tentative parcel map, AP 28-OS-11
(portion), four lots, property located off of Homer Lane (private road), off
of LaPorte Road, near the Butte-Xuba County line, Honcut area; subject to
the following conditions.
1. Provide two-way traversable access RS-B-LD-I 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.
Page 278.
September 30, 1980
80-
September 30, 1980
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. .Pay off any assessmentsa
8. .Provide cul-de-sac at the end of the street.
9. Obtain encroachment permit and construct standard road approach
providing adequate sight distance at intersection of Homer Lane and
LaPorte Road.
10. Pay any delinquent taxes.
11. Meet the requirements of the Butte County Fire Department.
i2. .Provide circulation. Cul-de-sac length is excessive.
13. Show a fifty (50) foot sewage disposal setback from the drainage way
on Parcel 2.
14o Prove that the required quantities of domestic water are available to
each parcel or place the statement on the map that there is no evidence
that domestic water is available.
15. Show two acres of usable sewage disposal area on each parcel (minimum
parcel size of £ive (5) acres gross).
Supervisor-Dolan stated she agreed with the Planning Director's
report, these projects are not in conformity with the General Plan. It is
outlined in the memo, it is not compatible.:
Vote on motion:
AYES: .supervisors Moseley, Wheeler and Chairman Lemke
NOES: Supervisor Dolan
ABSENT: Supervisor Winston
1548
PUBLIC HEARING: ADOPT RESOLUTION 80-2D9 - BUTTE COUNTY HOUSING ELEMENT
PROPOSED NEGATIVE DECLARATION REGARDING ENVIRONMENTAL IMPACT AND RESOLUTION
RE UESTING EXTENSION OF TIME AS PROVIDED BY GOVERNMENT CODE
The public hearing on the Butte County Housing Element proposed
negative declaration regarding environmental impact and resolution requesting
an extension of time as provided by the Government Code for preparation and
adoption of the amended housing element. was held as advertised.
Hearing open to the public. Appearing: No one.
Hearing closed to the public and confined to the Board.
Dan Blackstock, county counsel, stated the county does have a
housing element, they are just requesting an extension. The resolution
will indicate we have an adequate element and the amendment will bring
additional information up-to-date.
Page 279.
.September 30, 1980
80-
d
September 30, 1980
On motion of Supervisor Wheeler, seconded by Supervisor Dolan and J
carried, finding the proposed Butte County Housing Element could not have
a significant effect on the environment, a negative declaration was approved.
On motion of Supervisor Wheeler, seconded by Supervisor Moseley
and carried,. Re solution 80-209 requesting an extension of time for the
Butte County Housing Element as provided by the Government Code for preparation
and adoption of the amended housing element was adopted and the Chairman
authorized to sign.
r~
1549
1550
1551
Bettye Blair, planning director, presented the Board members with
a memo reporting on the meeting she and Chairman Lemke had attended in
Sacramento regarding the housing element.
Dan Blackstock, county counsel, stated AB 2853 has been signed
into law by the Gavernor. They must have the housing element working by
October 1, 1981.
There was discussion held regarding the effects of the new laws.
The county and cities will have to meet and discuss the implementation of
the housing elements.
APPEARANCE: BOB BUROW
Mr. Bob Burow, Chico. Mr. Burow stated nearby residents of the
Silver Dollar Fair Speedway contributed towards having a decibel reading
of noise levels. He presented the report to the Board. The decibel reading
was 76 and 10 can be added because it was at night. It is a public nuisance.
Referred the report to County Counsel for a report back. The
information presented to the Board should be made available for the Fair
Board.
Supervisor Wheeler stated this was the last race of the year. It
was a purse of $45,000. There were between 11,000 and 12,000 people. -They
brought income to the restaurants and motels.
APPEARANCE: MICHAEL.ARENS
Mr. Michael Arens, member of the Fair Board. Mr. Arens stated the
Fair Board did care about the decibel reading and the recent problems. They
have met with the individuals and the;,Fair Board has contacted Caltrans
regarding the noise factors. He was offended by the comment the Fair Board
did not care.
Chairman Lemke stated they are going to work on it together to
everyones benefit.
Mr. Arens was before the Board to report on a meeting with Supervisor
Moseley and the residents of Nelson. Mr. H~ronimus from Planning Department
was also present. The developer is attempting to build 34 houses._ There are-~•
only 27 houses at the present time. There is going to be a population
explosion in less than one year. The deeds of the area were recorded in 1878
there are a lot of problems with the septic and water systems in the area.
He noted Edwin Ryan had written the Board a second letter.
Health.
Chairman Lemke suggested they contact Lynn Vanhart of Environmental
APPEARANCE: -PAM BOWEN
Ms. Bowen spoke regarding a newspaper article that had quoted
Supervisor Winston regarding the Rape Crisis Center. She felt the statement
was obscene and rude. She invited the members to an awareness meeting on
Wednesday, October 1, 1980 at 7~,Q.,p.m. The county has not provided them with
Page 280.
September 30, 1980
September 30, 1980
80- housing as previously promised. .She hoped the Tiape -0 risis Center had the
~ support of the Board members.
1552 APPEARANCE: TOM HURSETH
Mr. Hurseth of Durham stated he was a racer and he wanted to
cooperate in any ways
RECESS: 12:17 p.m.
RECONVENE: 1:38 p.m.
SUPERVISOR MOSELEY ABSENT
1553 CONTINUED TO OCTOBER 7, 1980 - REPORT TO THE BOARD ON DENIAL OF GENERAL PLAN
AMENDMENT IN THE FOREST RANCH AREA
The report to the Board on the Butte County Board of Supervisors
environmental impact report and Planning Commission's denial of General
Plan amendment fxom grazing and open land to agricultural - residential,
property located 200 to33,000 feet east of Highway 32, approximately four
miles south of Forest Ranch, identified as AP 63-01-101 and 102, Forest
Ranch was held at this time.
Dan Blackstock, county counsel, set out the background on the
three General Plan Amendments during one year.
Bettye Blair, planning director, stated the Gridley-Biggs General
Plan Amendment would be coming forward. It goes before Planning Commission
October 15th, she does not forsee any problems. Ms. Blair stated the Lime
Saddle Amendment had been in the works for three years. They must act
within 90 days or the Yarr-Terrill Amendment would be moot.
Supervisor Wheeler stated they could open the hearing next week
and make a decision when more Board members were present.
Continued the matter to October 7, 1980,
1554 CONTINUED TO OCTOBER 7, 1980 AT 1:30 P.M, CONTINUED HEARING ON ORDINANCE
AMENDING CHAPTER 20 AND 24 OF THE BUTTE COUNTY CODE REGARDING REGULATIONS
AND CONTROL OF SUBDIVISIONS AND TO ZONING REQUIRRMENTS
The continued hearing on ordinance amending Chapter 20 and 24 of
the Butte County Code regarding regulations and control of subdivisions and
to zoning requirements was continued to October 7, 1980 at 1:30 p.m. when
more Board members are present.
1555 BOARD OF SUPERVISORS RESPONSE TO THE 1979-80 GRAND JURY FINAL REPORT
The Board of Supervisors response to the 1979-80 Grand Jury Rinal
Report was held at this time.
Clif Mickelson, administrative officer, set out the requirements
of the Board. There are various department head responses to the Grand
Jury's recommendations. They may or may not comment on their observances.
IPage 3: @omments by the Board: The recommendations were never taken
lightly, but within the physical possibilities of Sutte County.
IPage 4: Comments by the Board: The recommendation is taken care of. Thanked
the Grand Jury for the method of funding the recommendation.
Page 7: Comments by the Board: The recommendation is covered in their
implementation.
Page 8: Comments by the Soard: They are supportive of the Mental Health
Department. Page 281.
September~30, 1980
September 30, 1980
80-
~'
Page 14: Comments by the Board: The Board agrees with the Administrative
Officer's reports.
Page 16: Comments by the Board: The Board has encouraged participation
and although cooperation has been offered, actual membership
on the committee has been refused. The Board extends the offer
again.
Ed Brown, assessor, spoke regarding the Data Processing Committee.
The Committee refused to let him cooperate. Mr. Crisan and Mr. Hal Brooks
would not accept that. It is true he does not intend to go back on the
Committee. The Committee decided he could not cooperate other than as a
member.
Page 20: Comments by the Board: The Board is implementing the recommendation
of the Grand Jury.
Supervisor Wheeler stated Ed Brown, assessor, has been cooperating
as far as any work has been done. He has been working with the Data Process-
ing staff, she appreciates that and wants it made public:
Page 23: Comments by the Board: No comments. In agreement.
Page 24: Comments by the Board: No comments, In agreement.
Page 25: Comments by the Board: Do not have the financial means to implement.
Page 26: Comments by the Board: The Board is implementing the recommendation.
Page 27: Comments by the Board: A portion of the recommendation has been
accomplished. There is no funding for extra staff where there is
the Board will look upon it.
Page 30: Comments by the Board: The Fire Warden has just presented Soard
with plans after working with Planning and is being studied for
implementation in the near future.
Page 33: Comments by the Board: The Board is implementing the jail personnel
recommendation.'
Page 35: Comments by the Board: The Board is implementing the recommendations.
Page 36: Comments by the Board: The Board is implementing the recommendation,
.Page 37: Comments by the Board: The matter is being taken care of.
Page 38: Comments by the Board: The matter is being worked on.
Page 39: Comments by the Board:. The Board is implementing the recommendation.
Chairman Lemke questioned Mr. Nickelson regarding the study. The
Administrative Office is to make a report to the Board next week.
Chairman Lemke stated he appreciated-~the~atti,tude involving the
Board and in delivering their recommendations and hoped the Grand Jury will
do the sameo
~CUTIVE SESSION: The Board recessed at 2:21 p.m, to go into executive
session regarding litigation and discussion with the
Agricultural Commissioner.
Page 282.
September 30, 1980
80-
a'.
1556
September 30, 1980
RECONVENE: The Board reconvened at 2:48 p.m. following an executive session
regarding litigation and discussion with the Agricultural
Commissioner. There were no announcements regarding the litigation
matter at this time. The Agricultural Commissioner is to present
a. report within three weeks to the Board:: on October 21, 1980 at
1:30 p.m.
ADDITIONAL MATTERS BY BOARD MEMBERS
Discussion was held regarding Fire Warden William Teie's recommend-
ations. They will consider the alternates at a later time.
Chairman Lemke had received a memo from the City of flroville.
1557
1558
1559
1560
1581
hUTHORIZE LETTER TO CONGRESSMEN HAROLD T. (BIZZ) JOHNSON
On motion of Supervisor Wheeler, seconded by Supervisor Dolan and
carried, authorized a letter of support to Congressman Harold T. (Bizz)
Johnson regarding the emergency flood control work on the Sacramento River
below Chico Landing; additional letters to Senators Cranston..and Hayakawa.
',ADDITIONAL MATTERS BY BOARD MEMBERS
There was a report back to the Board from Ed Brown concerning the
(Chico Redevelopment Plan for southeast Chico.
AUTHORIZE REFUND OF:-TAXES - DIAMOND~TNTERNATIUNAL--CORD . .-.
,, Chairman Lemke read the report back to theBoard from A$sessor Ed
B~awn~concerning refund of taxes by Diamond International Corp.
On motion of Supervisor Wheeler, seconded by Supervisor Dolan and
carried, pursuant to California Revenue and Taxation Code Section 4986 the
refund of taxes to Diamond International Corp., Red Bluff was authorized.
ADDITIONAL MATTERS BY BOARD MEMBERS
Letter from U. S. Council for the International Year of Aisabled
Personso Referred to Administrative Office for proper-:action to be taken.
Letter from Board of Supervisors, County of Sacramento. Toby
Johnson, president,-Sacramento Va11ey:.Basinwide Air Pollution Control Council.
APPEARANCE: ED KELLY
Mr. Ke11y, Chico, spoke to the Board regarding an article he read
in the Sacramento Bee on .September 28, 1980 relative to earthquakes and the
Civil Defense procedures.
Clif Mickelson, administrative officer, stated we have a Civil
(Defense Director who is aware of the problem.
,ADJOURNMENT
There being nothing further before the Board, the meeting was
ad}ourned at 3:07 p.m. to reconvene on Tuesday, October 7, 1980 at 9:00 a.m.
ATTEST: CLARK A. NELSON, COUNTY CLERK-
RECORDER and ex-officio Clerk
of lthe Board of Supervisors
Chairman, Board of Sup rvisors
By
Page 283.
September 30, 1980