HomeMy WebLinkAboutM110480November 4, 1980
SfiATE OF CALIFORNIA )
SS.
COUNTY OF BUTTE )
80_ The Board of Supervisors met at 9:00 a.m. pursuant to adjournment.
~ Present: Supervisors Dolan, Moseley, Wheeler, Wittston and Chairman Lemke.
Clif Nickelson, administrative officer; Dan Slackstock, county counsel; and
Clark A. Nelson, county clexk, by Cathy Pitts, assistant clerk to the Board.
Pledge of A7.legiance to the Flag of the United States of America
Invocation by Supervisor Moseley
1719 APPROVAL OF MINUTES
On motion of Supervisor Dolan, seconded by Supervisor Moseley
and unanimously carried, the minutes of October 21 and October 28, 1980
were approved as mailed with amendment to the minutes of October 21,
1980, minute order 80-1701 to reflect the authorization to purchase an
airless spray paint unit, a water stripper and miscellaneous small tools
for a total cost of $4,000 which includes taxes for Community Action Agency.
1720 ADOPT ORDINANCE 2155: WAIVE SECOND READING OF SALARY ORDINANCE AMENDMENT
On motion of Supervisor Dolan, seconded by Supervisor Wheeler
and unanimously carried, the second reading of the salary ordinance
that reclassified several clerical positions and adds a 20% pharmacist
position from extra help to regular help was waived; Ordinance 2155 was
adopted and the Chairman authorized to sign.
1721 ADOPT ORDINANCE 2156: WAIVE SECOND READING OF SALARY ORDINANCE AMENDMENT
On motion of Supervisor Moseley, seconded by Supervisor Dolan
and carried, the second reading of the salary ordinance amendment that
adds three additional deputy sheriff positions to the Sheriff's Patrol
Division was waived; Ordinance 2156 was adopted and the Chairman authorized
to~ZSign. AYES: Supervisors Dolan, Moseley, Wheeler and Chairman Lemke.
NOES: Supervisor Winston.
Supervisor Wheeler stated she had been hearing comments about
the six positions. There are many people working overtime and they are not
being compensated because the overtime pay is going to these positions.
She asked that Jim Rackerby, personnel director, look into this matter.
1722 AUTIi0RT2E PURCHASE OF E UIPMENT FOR SHERIFF'S DEPARTMENT
On motion of Supervisor Wheeler, seconded by Supervisor Dolan
and carried, the following equipment for the Sheriff's Department was
authorized to be purchased: three subcompact pickup t $1,200$2three~pushee
radios, $5,G00; three sirens, $900; three light bars,,
bumpers, $750; three roll bars, $750; and three walkie talkies, $2,700.
AYES: Supervisors Dolan, Moseley, Wheeler and Chairman Lemke. NOES:
Supervisor Winston.
Supervisor Dolan asked if the equipment could be salvaged from
the Sheriff's 'vehicles that had been wrecked.
Clif Nickelson, administrative officer, stated they had salvaged
what they could from the wrecked vehicles. These subcompact tnicias are
four-wheel drive vehicles so the Sheriffs deputies can travel some of the
back roads.
1723 APPROVE SPECIFICATIONS FOR REROOFING OF OROVILLE JUSTICE COURT AND CALL
FOR BIDS
On motion of Supervisor Dolan, seconded by Supervisor Wheeler
and unanimously carried, the specifications for the rexoofing of the
Page 357.
November 4, 1980
80-
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November 4, 1980
Oroville Justice Court and Chico Memorial Hall buildings with urethane
foam was approved and the call for bids to be opened in the Purchasing
Office November 25, 1980 was authorized:
APPROVE NOTTCE OF COMPLETION - CHICO MUNICIPAL COURT REMODEL
On motion of Supervisor Moseley, seconded by Supervisor Wheeler
and unanimously carried, the work of Charles R. Priddy, Jr. was accepted
for the Chico Municipal Court remodel propect; the Chairman was authorized
to sign the notice of completion and the Clerk directed, to record said
notice with the Recorder.
1724
APPROVE/bENY REQUESTS. FOR PENALTY_ABATEMENT
On motion of Supervisor Winston, seconded by Supervisor Wheeler
and unanimously carried, the following action was taken on the requests
fox penalty abatement:
1725
1. Approved request for penalty abatement for Robert L. Menard,
AP 66-11-45.
2. Approved request for penalty abatement for William F.
Zeitner, AP 34-42-60
3. Approved request for penalty abatement for John C. Schroder,
AP 044-04--0-029-0
4. Approved request for penalty abatement for Edmond C. and
Donna M. Burl for AP 065-05=0-015-0
5. Approved request for penalty abatement for Ararat W. Brinker
for AP 030-08-0-040-0 .
6. Denied request for penalty abatement for William Santos
for AP 66-23-09.
DISCUSSION AND POLTCY DIRECTION ON SHERIFF'S MANAGEMENT STIIDY - CONTINUED
TO NOVEMBER 18, 1980
Discussion and policy direction on proposals for the Sheriff's
management study was continued to November 18, 1980.
1726
MOTION OF INTENT TO OFFER CONTRACT TO CURRENT CONTRACTOR'S OF PUBLIC
DEFENDER SERVTCES AT THE SAME CONTRACT COST
Tt was moved by Supervisor Winston, seconded by Supervisor Wheeler
that the Public Defender's contract with Warren, Schroder and Mueller be
offered to that firm with no increase in contract price, the contract would
contain 3/4 of the Consumer Price Index as per contract of September 6,
1977; further the contract be for a period of three years and that it
contain in addition to other material in paragraph 13 on the contract
dated September 6, 1977 wherein the decision to cancel may be made by
majority of the Superior Court ,judges and the conflict of interest
contract be offered at no increase in contract amount with this to be
a motion of intent.
1727
Clif Nickelson, administrative officer, stated the amount for
these two contracts would be within budget.
Mike Pyeatt, assistant administrative officer, stated the
current Public Befender's contract budget is $222,482 and the conflict
of interest contract budget is $46,760 plust.a 75 percent cost of living
allowance.
Page 358.
November 4, 1980
80-
November 4, 1980
- - ^Mr. Nickelson felt that by having a county public defender's
office the costs would be considerably over the current budget.
Supervisor Winston stated that many of the comments made relative
to the Aublic Defender's Office have gotten out of hand. In his.
investigation, in talking to people involved in the system, it might appear
that the bad cases, were being dumped on the conflict of interest contractors.
He felt that if this were the case, that under paragraph 13, the Board or
the judges could take immediate action to cancel the contract.
Supervisor Dolan felt the bifurcated system has a lot of merit
and would be mast cost effective. The conflict cases are growing. The
Board could be faced with a request for an increase. The conflict contractors
have said they would be interested in submitting a proposal for the prime
contractor with an office in Chico, which is not presently offered.
She wondered why the county was not asking for two proposals.
Supervisor Winston felt that contrary to recently received
correspondence and it seems to be a concensus that there has been good
service provided by the present public defender. In the opinion of
veteran observers, the firm has been giving efficient services. County
Counsel's memo cites the same thing. This contract would contain a
cancellation clause.
Discussion of the hold harmless clause held at this time. Dan
Blackstock, county counsel, stated the county has always had a hold
harmless clause if litigation would be brought against the public
defender. He dad not know of the insurance carried by the contractor.
There is not the high degree of exposure in criminal malpractice. The
potential is in dealing with probate matters. He would be happy to
add a hold harmless clause and a provision could be added to require
a certain amount of insurance for malpractice. The way the county could
have to pay anything for malpractice in a criminal matter would be similar
to the Corona Case in Sutter County. There will have to be a new trial.
This could be costly. If that happened the Board would have to look at
the contract very closely and the Superior Court would also be looking at
the matter. He felt the county was sufficiently covered. They could require
a certificate of insurance if the Board wants this done.
Dick Bjork stated he had information he felt was vital to the
contract. He felt the contract had to be rewritten.
Supervisor Dolan stated the Board had received requests from
people for a chance to give public input relative to the contract.
Supervisor Winston stated that as long ago as April, 1979 the
Board has had the report from Ernst and Ernst with an overview of the
services provided. Butte County has a cost of $1.52 per capita against
a high of $4.00 par capita with a public defenders' office.
Mr. Bjork stated Solaro County rejected the report from Ernst
and Ernst as inaccurate.
Paul Persons, CLIC, stated he submitted a letter to the Board
asking for a public hearing. He felt he had new information.
Chairman Lemke advised Mr. Persons the Board would be voting on
on a motion of intent. When the contract comes back to the Board and if
the judges have said it is a reasonable contract, the Board will hold
a public hearing. Page 359.
November 4, 1980
80-
3
November 4, 1980
Vote on motion:
AXES: Supervisors Moseley, Wheeler, Winston and Chairman Lemke
NOES: Supervisor Bolaa
Motion carried.
1728
1729
1730
1731
APPROVE BUDGET TRANSFERS
On motion of Supervisor Dolan, seconded by Supervisor Wheeler
and carried, budget transfer 8-36 - Sheriff - Patrol. Transfers $80,545
from the reserve with $29,217 going to salaries, $13,528 to benefits,
$5,100 to clothing and $32,700 to equipment. The purpose of this transfer
is to provide the necessary budget appropriation for three additional
deputy sheriffs and associated non personnel costs was approved. AYES:
Supervisors Dolan, Moseley, Wheeler and Chairman Lemke. NOES: Supervisor
Winston.
On motion of Supervisor Dolan, seconded by Supervisor Moseley
and unanimously carried, budget transfer B-38 - Manpower Administration.
Established an additional appropriation in maintenance 'of structures in
the amount of $2,000 with funding coming from federal aid - manpower
revenue sharing - in order to cover the cost of repairs to the CETA
storeroom roof was approved.
APPROVE ABDITIONAL FUNDING FOR HCD AUDIT
Supervisor Winston questioned the added funding for the audit
to be conducted by Matson and Isom Accountancy Corporation for HCD. He
felt the Board would be doing away with the entire bid process if they
allowed changes. He had experienced bidding in his business that when
he bid a project, if the amount was not enough he had to absorb the cost.
If the county gets the reputation of letting contracts and then agreeing
on an increase it will make a mockery of the whole bid system.
Clif Nickelson, administrative officer, stated that after
discussing the matters with the auditors, it was not uncommon £or auditing
firms to come back for more money. Every year with the annual audit this
is the case. He felt this would be satisfactory because of the additional
amount of work tfiat was not included in the beginning of the contract.
It was the fault of the county this additional work was not included.
On motion of Supervisor Wheeler, seconded by Supervisor Dolan
and unanimously carried, an additional $600 in performance of the audit as
a result of unanticipated additional work fox the HCD audit done by Matson
and Isom Accountancy Corporation with funding coming from the Community
Development Block Grant was approved.
APPROVE VARIANCE RENEWAL - LYNN AND ViRGTNIA VAN LOAN
On motion of Supervisor Winston, seconded by Supervisor Moseley
and unanimously carried, the variance renewal to Sections 19-10 and/or
19-12 of the Butte County Code for placement of a mobile home on
AP 44-360-027, 2611 Burnap Avenue, Chico area, zoning: "A-2" for Lynn
and Virginia Van Loan was approved.
APPROVE ANIMAL HEAD CONTRACT WITH PLUMAS COUNTY
Dr. Svihus, public health director, set out the background
of the head examination for animals. The head of the dead horse in
Chico was examined in the laboratory and then sent to Berkeley for
confirmation. Their office does make examination locally.
Dan Blackstock, county counsel, Sated he had added a paragraph
to the proposed contract. Page 360. .
November 4, 1980
November 4, 1480 _ _ _
gpW f VOn motion o£ Supervisor Winston, seconded by Supervisor-Wheeler,
3 and unanimously carried, the contract with Plumas County for Butte County
to provide services in the examination of animal heads at a rate of $50
per head was approved subject to auditor and counsel approval; and the
Chairman authorized to sign.
1732 APPROVE CONTRACT AMENDMDNT WITH BROWN AND CALDWELL FOR BUTTE COUNTY
SEPTAGE STUDY - DISPOSAL OF SEPTIC TANK PUMPLNGS
Lynn Vanhart, environmental health director, set out the
background of the contxact amendment. The county has a contract at the
present time. The county pays the bills and the Auditor sumits the
claims for reimbursement. So far the state has paid all the claims
but are holding ten percent pending final completion of the contract.
The contract would be increased by $17,124.32. Somewhere the county
has to obtain the answers re~.ative to septic tanks. Originally, the '
county received $25,000 for the grant. Brown and Caldwell submitted
a proposal. He has been advised that on EPA contracts if the contractor
runs out of money, they can notify the owner and advise the amount of money
needed to complete the project. They do not have to :'finish the job unless
they get the additional money. There were changes in the regulations
during the lapse between the contract and the work being done. Things
have changed. The Paradise septic disposal is becoming a problem. They
are handling it at Neal Road dump site at the present time on a temporary
basis.
On motion of Supervisor Dolan, seconded by Supervisor Wheeler
and carried, the contract amendment with Brown and Caldwell, consulting
engineers, in an additional amount of $17,124.32 with the local share
being $2,I40.54 for completion of the septage study project was approved
pending review by Counsel; and the Director of Environmental Health
authorized to sign. AYES: Supervisors Dolan, Moseley, Wheeler and
Chairman Lemke. NOES: Supervisor Winston.
County Counsel to report back to the Board on the matter.
1733 APPROVE PUBLIC WORKS ITEMS
On motion of Supervisor Wheeler, seconded by Supervisor Moseley
and unanimously carried, the following Public Works items were approved:
1. Approved the final subdivision map for Forest Knolls
Subdivision, 20 lots, AP 63-04-34, property located 5,000 feet east of
State Highway 32, one mile south of Forest Ranch Road, Forest Ranch
area; began the one year .maintenance period on roads; accepted easements
granted fox light and air, water lines, sewer lines, drainage pipes, gas
lines and for underground wires for electric and telephone service with
any and all appurtenances appertaining thereto, under those strips of
land shown on said map and designated as "public utilities easement"
(including lot 21); and the Chairman authorized to sign the subdivision
agreement.
' 2. Approved the final subdivision map for Flower Subdivision
Unit 1, 12 Lots, AP 55-29-47, property located on the south side of
Country Club Drive from Pentz Road east, Paradise area; accepted easements
for Light and air, easements for public utility purposes (including water,
sewer, drainage, electric, gas and communication facilities); and the
Chairman authorized to sign the subdivision agreement.
3. Approved final subdivision map for Environmental Development,
Inc. Subdivision, 10 lots, on both sides of Humbug Road, north of Honeyrun
Road, Nimshew area; accepted easements granted for light and air, easements
Page 361.
November 4, 1980
80-
S
November 4, 1_980 _ _ _ _
for public utility purposes, (including water, sewer, drainage, electric,
gas and communication facilities); and the Chairman authorized to sign.
1734 ADDITIONAL MATTERS PRESENTED BX PUBLIC WORKS DIRECTOR
Clay Castleberry, public works director, submitted a resume of
the bids received on the intercity transit system. Afxer the committee has
reviewed the bids he will bring the matter back to th oard for a recommendation
for award of contract. The bids are per vehicle hour
The City of Oroville opened bids for the operation of the Oroville
system. The bids were higher than anticipated and the City Council voted -
to :throw the bids out and readvertise for bids. He asked for concurrence
by the Board.
1735 PUBLIC HEARING DATE SET
The following public heaxing dates were set for consideration:
1. A public hearing date of November 25, 1980 at 11:30 a.m. was
set for consideration of Byron D. King rezone from "A-R" (agricultural -
residential) to "pg-~"(agricultural residential -- mobile home) that
property located on the southwest side of Foothill Soulpvard, approximately
1,000 feet southeast of Oroville Bangor Highway, identified as AP 36-22-160
and 162, southeast of Oroville, (item not subject to environmental review).
2. A public hearing date of November 25, 1980 at 11:45 a.m. was
set for consideration of Butte County Planning Commission proposed negative
declaration and allowing the segregation of small parcels for homesites
and agricultural processing uses, with approval of a use permit by the
Planning Commission, in an "A-5," "A-10," "A-20," "A-40," and "A-160"
zone.. (sections 24-72, 24-75, 24-78, 24-81 and 24-84 respectively).
3. A public hearing date of November 25, 1980 at 10:00 a.m. was
set for consideration of Butte County Planning Commission change the
definition of "parking space" to eliminate conflicts with provisions of
the "Off Street Parking Ordinance" (item determined to be categorically
exempt from environmental review).
RECESS: 9:56 a.m.
RECONVENE: 10:10 a.m.
1736 ADOPT RESOLUTION 80-229: PUBLIC HEARING: WARREN T. AMBROSE - ABANDONMENT
O1' PUBLIC UTILITIES EASEMENT CONTIGUOUS TO LOTS 38 & 39 OF CARRIAGE
MANOR SUBDIVISION
The public hearing on Warren T. Ambrose abandonment of public
utilities. easement contiguous to Lots 38 and 39 of Carriage Manor
Subdivision was held as advertised.
Bettye Blair, planning director, set out the background of
the abandonment. It is in order.
Hearing open to the public. Appearing: No one.
Hearing closed to the public and confined to the Board.
On motion of Supervisor Winston, seconded by Supervisor Moseley
and unanimously carried, the abandonment of public utilities easement
contiguous to Lots 38 and 39 of Carriage Manor Subdivision for Warren T.
Ambrose was approved; Resolution 80-229 was adopted and the Chairman
authorized to sign.
Page 362,
November 4, 1980
i
i
November 4, 1980
80-1737
3
ADOPT RESOLUTION 8~-230: PUBLIC HEARING: ROBETtT ANDERSON - ABANDONMENT 0~'
PUBLIC UTILTTTE5 AND RECREATIONAL EASEMENT LOT l55 PARADISE PINES UNIT
The public hearing on Robert Anderson abandonment of public
utilities and recreational easement, Lot 155, Paradise Pines, Unit 14 was
held as advertised.
Bettye Blair, {ilanning director, set out the background of
the abandonment. It is in ordex.
Hearing open to the public. Appearing: No one.
Hearing closed to the public and confined to the Board.
1738
On motion of Supervisor Winston, seconded by Supervisor Moseley
and unanimously carried, the abandonment of public utilities and
recreational easement, Lot 155, Paradise Pines, Unit 14 for Robert
Anderson was approved; Resolution 80-230 was adopted and the Chairman
authorised to sign.
ADOPT RESOLUTION 80-231: PUBLIC HEARING: COOK ASSOCIATES ~- ABANDONMENT OF
MISCELLANEOUS PUBLIC UTILITIES EASEMENT, KELLY RIDGE ESTATES, UNITS 4A,
4B, 4C, UNIT 6 AND THE MISCELLANEOUS PUBLIC UTILITIES~:EASEMENT ON REVERSION
TO ACREAGE AND RESUBDIVISION PARCEL MAP OF LOTS 269 THROUGH 276 ANA 280,
UNIT 4B
The public hearing on Cook Associates abandonment of miscellaneous
public utilities easements, Kelly Ridge Estates, Units 4A, 4B, 4C, Unit 6
and the miscellaneous public utilities_ on the reversion to acreage and
resubdivision parcel map of Lots 269 through 276 and 280, Unit 4B was
held as advertised.
Bettye Blair, planning director, set out the background of
the abandonment. It is in order.
Hearing open to the public. Appearing: No one.
Hearing closed to the public and confined to the Board.
1739
On motion of Supervisor Winston, seconded by Supervisor Dolan
and unanimously carried, the abandonment of miscellaneous public utilities
easements, Kelly Ridge Estates, Units 4A, 4B, 4C, Unit 6 and the abandonment
of miscellaneous public utilities easements in the reversion to acreage
and resubdivision parcel map of Lots 269 through 276 and 280, Unit 4B were
approved; Resolution 80-231 was adopted and the Chairman authorized to sign.
ADOPT RESOLUTION 80-232: PUBLIC HEARING: GENEVA WTECHMAN - ABANDONMENT
OF PUBLIC UTILITIES EASEMENT AND RECREATIONAL EASEMENT, PARADISE PINES
COUNTRX CLUB 9~4, LOT 445
The public hearing on Geneva Wiechman abandonment of public
utilities easement and recreational easement, Paradise Pines Country
Club 4~4, Lot 445 was held as advertised.
Bettye Blair, planning director, set out the background of
the abandonment. It is in order.
Hearing open to the public. Apppearing: No one.
Hearing closed to the public and confined to the Board.
Page 363.
November 4, 1980
November 4, 1980
80- t?n motion o~ Supervisor Moseley, seconded by Supervisor Winston
b and unanimously carried, the abandonment of public utilities easement and
recreational easement, Paradise Pines Country Club ~~4, Lot 445 liar Geneva
Wiechman was approved; Resolution 80-232 was adopted and the Chairman
authorized to sign.
1740 PUBLIC HEARING: JOHN ADAMS AND LUCILLE FOWLER PETITION FOR VARIANCE TO
SECTIONS 19-10 AND/OR 19-12 OF THE BUTTE COUNTY CODE FOR PLACEMENT OF A
MOBILE HOME IN THE OROVILLE AND PALERMO-HONCUT AREA
The following public hearings were held as advertised:
1. John Adams petition for variance to Sections 19-10 and/or
19-12 of the Butte County Code for placement of a mobile home on AP 31-17-2-7.2,
2026 6th Street, Oroville area, zoning: "AR-MH"
2. Lucille Fowler petition for variance to Sections 19-10 and/or
19-12 of the Butte County Code for placement of a mobile home on AP 27-24-22,
7795 Palermo-Honcut Highway, Palermo-Honcut area, zoning: "A-5."
Lynn Vanhart, environmental health director, set out the
background of the petitions. They are in order.
Hearing open to the public. Appearing: No one.
Hearing closed to the public and confined to the Board.
On motion of Supervisor Moseley, seconded by Supervisor Winston
and unanimously carried, the following were approved for a period of
one year:
1. John Adams petition for variance to Sections 19-10 and/or
19-I2 of the Butte County Code for placement of a mobile home on
AP 31-17-2-72, 2026 6th Street, Oroville area. Zoning: "AR-MH"
2. Lucille Fowler petition for variance to Sections 19-10
and/or 19-12 of the Butte County Code for placement of a mobile home on
AP 27-24-22, 7795 Palermo-Honcut Highway, Palermo-Honcut area. Zoning:
~rA 5~r
1741 ADOPT RESOLUTION 80--233: PUBLIC HEARING: RENAMING OF COUNTY~ROADS IN THE
PARADISE ADDRESS AREA
The public hearing on consideration of renaming of county roads
in the Paradise address area was held as advertised.
Clay Castleberry, public works director, set out the background
o£ the renaming o£ the county xoads. He asked that RuE'Rpssa Way be changed
to Rue Rosso. The property owners have requested the road name changes.
Hearing open to the public. Appearing: No one.
Hearing closed to the public and confined to the Board.
On motion of Supervisor Lemke, seconded by Supervisor Winston
and unanimously carried, the following road names were changed; Resolution
80-233 was adopted and the Chairman authorized to sign:
Existing Name Termini New Name ~
Shadrack Drive End to End Bay Laurel Drive
Page 364.
November 4, 1980
I
sa-
November 4, 1980
listing Name Termini - - - New Name
Bennum Road Hwy. 99 to Pentz Road Durham-Pentz-Road
Magalia Heights Road Sugar Pine Drive to Rue Rosso
Granada Drive
Ponderosa Way Oroville--Quincy Hwy. Big Ridge Road
to Bean Creek Road
ADOPT ORDINANCE 2157: PUBLIC HEARING: NEVIS INDUSTRIES - REZONE FROM "A-2'''
(GENERAL} TO "AR-MH" (AGRICULTURAL - RESIDENTIAL ~-- MOBILE HOME), PROPERTY
LOCATED ON THE NORTH SIDE OF PLUMAS AVENUE BETWEEN 16TH.& 20TH STREETS,
IDENTIFIED AS AP 30-32-2 & 3.0-33-1 & 2, THERMALITO
The public hearing on Nevis Industries rezone from "A-2" (general)
to "AR-MH" (agricultural residential -- mobile home), property located on
the north side of Plumas Avenue between 16th and 20th Streets, identified
as AP 30--32-2 and 30-33-1 and 2, Thermalito (item for which a previously
certified environmental impact report will be used} was held as advertised.
1742
Bettye Blair, planning director, set out the background of the
rezone. This is a follow up to a tentatively approved map.
Bill Geddis, engineer for Nevis Industries, answered Supervisor
Dolan's question relative to conditions for off-site drainage improvements
on the map. This project has to conform to the Thermalito Drainage
Master Plan. The minimum to be paid is $1,80b per acre.
Hearing open to the public. Appearing: Bill Geddis, representing
Nevis Industries. Mr. Geddis had no additional information.
Hearing closed to the public and confined to the Board.
On motion of Supervisor Moseley, seconded by Supervisor Wheeler
and unanimously carried, finding the Palm Crest Village Subdivision ETR
certified on August 7, 1978 to be suitable for use in reviewing the
environmental consequences of this project; finding that there may be
significant environmental impacts associated with approval and development
of this project, and such impacts can and should be mitigated in connection
with subdivision map review and approval; mitigations are not possible
in connection with this type of rezone; project alternatives either do
not achieve project objectives or are not environmentally superior to
the project as proposed; although there may be significant environmental
e€fects associated with. development to this density at this location,
overriding considerations justify project approval; such overriding
considerations include: 1) The area is designated for residential
use in the Butte County General Plan. 2) a sufficiency of available
homesites is needed to maintain lowest;?possible costs. 3) The
anticipated environmental concerns can and should be mitigated in
connection with subdivision map appro~ral; Finding the rezone to be
in conformance with all elements of the Butte County General Plan; the
rezone from "A-2" (general) to "AR-MH" (agricultural - residential -
mobile home), property located on the north side of Plumas Avenue between
16th and 20th Streets, identified as AP 30-32-2 and 30-33-1 and 2,
Thermalito for Nevis Industries was approved; Ordinance 2157 was adopted
and the Chairman authorized to sign.
Page 365.
November 4, 1980
i
_ _ _ _ _ _ _ _ - _ _ - No~embe~ 4 ~ 1}80 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
80- 1743 AUTHORLZE LETTER TO CALTRANS THAT THE $OARD COULD AGREE TO RECISSION OF
~ FREEWAY ROUTE AGREEMENT, HIGHWAY 99. FROM GARNER LANE NORTHERLY TO TEHAMA
COUNTY LTNE, ONLY IF IMPROVEMENTS TO THE ROAD ARE MABE TO EXPRESSWAY
STANDARDS
On motion of Supervisor Dolan, seconded by Supervisor Wheeler
and unanimously carried, a letter to Caltrans advising them the Board
'could agree to recission of freeway route agreement, Highway 99 from Garner
Lane northerly to Tehama County line, only if improvements to the road
are made to expressway standards was authorized..
1744 WAIVE FIRST READING OF ORDINANCE RESTRICTTNG PARKING OF VEHICLES 10,000
POUNDS OR MORE BETWEEN THE HOURS OF 10:00 P.M. AND 8:00 A.M. IN ALL
RESIDENTIAL AREAS AS DEFINED IN THE ORDINANCE
On motion of Supervisor Wheeler, seconded by Supervisor Dolan
and unanimously carried, the first reading of the ordinance restricting
parking of vehicles 10,000 pounds or more between tfie hours of 10:00 p.m.
and 8:00 a.m. in all residential areas as defined in the ordinance and
with the addition o£ the sentence on page 1, line 24 to read: A
residential area or street may be shorter than one-fourth mile and
shall be determined in proportion sixteen is to one-fourth as number
of residences are:2a`distance of road was waived.
1745 AUTHORIZE COUNTY COUNSEL TO ATTEMPT TO BUY BACK ONE OF THE BONDS RE:
SACRAMENTO AVENUE ASSESSMENT DISTRICT AND AUTHORIZE ENTERING TNTO
DEFERRAL AGREEMENT WITH HAZEL"LOFTIN
On motion of Supervisor Winston, seconded by Supervisor Dolan
and unanimously carried, County Counsel was authorized to attempt to
buy back one of the bonds on the Sacramento Avenue Assessment District
and enter into a deferral agreement with Fbaze2 Loftin.
1746 REPORT FROM SUPERVISOR WHEELER CONCERNING THE REQUEST OF DAN AND CATHY
JENKS TO HAVE ZONING INITIATED TO °R-3" FOR AP 044-33-0-016-0, PROPERTY
LOCATED ON BURNAP AVENUE BETWEEN EATON ROAD AND LASSEN AVENUE, CHTCO -
CONTINUED TO NOVEMBER 18, 1980
The report from Supervisor Wheeler concerning the request of
Dan and Cathy Jenks to have zoning initiated to "R-3" for AP 044-33-0-016-0,
property located on Burnap Avenue between Eaton Road and Lassen Avenue,
Chico was continued to November 18, 1980.
1747 COMMUNICATTONS
Mrs. Thomas Staley, Oroville. Mrs. Staley writes appealing the parcel
size to meet Health Department requirements and appeal of the
Advisory Agency's condition 9 on tentative parcel map,
AP 36--44-04, two parcels, property Located on the south side
of Oro-Garden Ranch Road, west of Inglewood Drive, Oroville
area. Set for•hearing November 25, 1980 at 11:45 a.m.
Mr. and Mrs. Robert VanNuys, et al, Chico. Letters have been received
from sevexal property owners requesting that land within the
area of Garner Lane in Chico remain zoned for one acre lots.
Referred to Planning Commission for consideration with the
Airport rezone.
City of Chico. The city forwards its resolution requesting jurisdiction
in the Northeast Chico Sewer Assessment District project. To
be considered later in the meeting.
Butte County Board of Law Library Trustees. The Trustees forward their
resolution and annual report on finances and number of books and
other publications in the Law Library as required by Business
and Professions Code Section 6349. Information; no action taken.
Page 366,
November 4, 1950
Nav_ember 4z 1980
80- County of Kern. The Board of Supervisors forward information relative
~ to their position and opposition to Proposition 8. Information;
the Soard has already taken action on the matter.
Robert L. Benson, attorney at law. The attorney, on behalf of Robert
Leroy Leavell, forwards a claim in the amount of $15,000 as
a result of alleged damages occurring October 4, 1980 in Chico.
See motion following communications.
Barbara Christensen, Oroville. Mrs. Christensen, on behalf of herself ,
and two children, files a claim in the amount of $755,750 as
a result of alleged damages sustained as a result of an
accident in Paradise involving Jerome Wayne Christensen
(deceased} on July 21, 1980. See motion following communications.
1748 REJECT CLAIMS - ROBERT LEROY LEAVELL AND BARBAN CHRISTENSEN, ET AL
On motion of Supervisor Winston, seconded by Supervisor Dolan
and unanimously carried, the following claims were rejected and referred
to Counsel and Risk Management Coordinator:
1. Robert Leroy Leavell a claim in the amount of $T5,000 as
a result damages occurring October 4, 1980 in Chico.
2, Barbara Christensen, on behalf of herself and two children,
a claim in the amount of $755,750 as a result of alleged damages sustained
as a result of an accident in Paradise involving Jerome Wayne Christensen
(deceased) on July 21, 1980.
1749 ADOPT ORDINANCE 2158: PUBLIC HEARING: WYNOKA HOMES, INC. - PROPOSED NEGATIVE
DECLARATION AND REZONE FROM "R-4" (MAXIMUM DENSITY RESIDENTIAL - RESTRICTED
SERVICE) AND "R-3" (MEDIUM DENSITY RESIDENTIAL) TO "PA-C" (PLANNED AREA -
CLUSTER), LOCATED ON THE NORTH SIDE OF MONTE VISTA STREET, APPROX. 600
FEET EAST OF LINCOLN BZVD IDENTIFIED AS AP 36-16-43, OROVTLLE
The public hearing on Wynoka Homes, Inc. proposed negative
declaration and rezone from "R-4" (maximum density residential - restricted
service) and "R-3" (medium density residential) to "PA-C" (planned area -
cluster), located on the north side of Monte Vista Street, approximately
600 feet east of Lincoln Boulevard, identified as AP 36-16-43, Oroville
was held as advertised.
Bettye Blair, planning director, set out the background of the
rezone. Public Works has sent a memo relative to condition l8 on the
development plan.
Earl Nelson, environmental review director, set out the
background of the proposed negative declaration. The concerns in the
initial study related to traffic and drainage. There are suggested
mitigation measures for .these concerns.
Supervisor Winston stated the property dropped down from
east and west to a natural drain and eventually winds up in Honcut Creek.
The mitigation measure talks about protection of downstream property.
Clay Castleberry, public works director, stated the property
owner would be working where they have had complaints in the past.
He has not sized the pipes as yet. They need to discuss some problems
with the developer. He did not feel the solutions would be anything
insurmountable. At this point, they have not determined that a
contribution towards bridge reconstruction will be necessary.
Page 367.
November 4, 1980
80--
3
*~
November 4, 1_980 _ _ _ _ _ _ _ _
Hearing open to the public. Appearing:T Lee Colby, Mr. Colby
stated he did not believe there was a drainage problem. He made a study
on the area about 1-1/2 years ago on future developments and it was
determined there was about 600 feet per second. They are considerably
under that amount. The condition he was concerned with was the traffic
light. He disagreed with the need for the light. He did not feel that
traffic lights should be responsibility of the geople in the immediate
area. The people in the surrounding areas also create the traffic.
If he is required to put up a deposit of $13,000, he could
hopefully pass this amount on to the buyers of the homes.' He did not
think the remaining $62,000 required for a traffic"signal would be
contributed for some years. Tf the money comes from the road fund,
the people will be paying twice. He suggested that the tra€fic signals
be paid from out of the gas taxes returned to the county. Not to long
ago the county required a deposit for drainage. Counsel determined it
was an illegal fee and must be xeturned. He felt the same way about the
contribution for a traffic signal. He has been involved in development
of this area since 1959 and had he put up the $13,000 then the• traffic
signal would not be needed 21 years later. Forty years from now there
might be a need for the traffic signal. He questioned the count that
was done on that road. He did not think the amount of traffic generated
from his development was enough to require that amount of money.
Mr. Colby stated he did not think a traffic signal would ever
be needed on that corner. There might he a need fox a right turn off
Monte Vista to Lincoln Boulevard. That road is used for people traveling
from Bangor. There will not be one car- in 100 that turns left. A specific
time set by~ahe Board would make a difference. Zf the Board were willing
to set a specific time, he would be glad to enter into a letter of agreement.
He felt that at that time, he would be willing to do a mutual traffic
count to see how much should be contributed.
Supervisor Winston stated he was intimately associated with that
area for a good many years. He felt the need for a traffic signal was
far into the unforseeable future. It took twenty years to get a traffic
build up on East Avenue in Chico. He felt other people in the county
contributed to the problem. There is good site distance on that road.
To ask Mr. Colby to put up $13,000 for five to £+wenty years was unreasonable.
Mr. Colby felt a district should be formed for the drainage
in the area. Everyone contributes to the problem. The beauracratic
red. tape is adding twenty to thirty percent increased cost to housing.
Hearing closed to the public and confined to the Board.
Mr. Castleberry stated that Mr. Colby had just talked about
the formation of districts. He probably forgets the Board's history
for forming such districts. The track record is not really that good.
Things have to get bad before the Board forms a district. He thought
the Board should sustain the requirement. The county has accepted letters
of credit. This was used in Paradise Pines. At that time, the Board
felt the developers had some obligation for developments as they were
taking place. He felt it was fair. The gas tax does not pay for the
maintenance of the roads today. He felt there would be a need for a
traffic signal in five yarn. The money fox the traffic signals for
Foothill Boulevard and Olive Highway were paid for 50 percent state
highway funds and 50 percent by the county fund from some other area.
Wyandotte Avenue was paid for by city money.
Chairman Lemke stated the local developer in Faradise was
required to pay a share for tr~f~°tc signals.
Page 368.
November 4, 1980
j
___-===a===November-4, 19-80-_-_=_-______ -___
g0- - ^Supervisox Wheeler stated the Board required two subdivisions
.i off Eaton Road to contribute to traffic signals.
Mr. Castleberry stated at the time of the previous subdivision
there was discussion of a traffic signal. There was discussion to postpone
the requirement with that development and consider it at subsequent units.
Mr. Nelson stated the initial study pointed out traffic was
potentially significant. Tt is not on this development but on the
cumulative basis.
Supervisor Dolan felt the comparison to the subdivision an
Eaton and the development on Clark and Wagstaff in Paradise was more
important.
Supervisor Winston stated Monte Vista deadends. He felt the
suggestion of possible solution being a right turn pocket similar to
the right turn at the Oroville Medical Center Hospital.
Mr. Colby felt it would not cost as much for 'a right turn
lane. There is not that much traffic from Palermo. There is a 100-foot
right-of-way on that road. Tt is wide enough to make a left turn lane.
The traffic count is 7,200 per day. He ventured to say that with even
16,000 cars per day there would not he a need for a traffic signal.
There is no way to go through on a left turn going south because the
cemetery is 3n this location. He was not fami}tar with the subdivisions
nff Eaton Road. The shopping center at Clark and Wagstaff would benefit
from a traffic signal. He felt a shopping center would benefit better
than a residential area. By addressing a letter of credit is no different
.than putting the money up. Tn order to get a letter from the bank, the
money must be deposited in the bank. He did not feel the $13,000 was
good based on 7,200 cars a day.
Discussion of the checklist relative to the traffic potential.
Mr. Nelson stated they were required to look at cumulative effects.
At some point in the future when all the properties develop, it will be
exceeding the capability of the intersection. When there is a significant
impact there is the requirement for mitigation or the writing of an ETR.
The Board also has the option of finding no significant effect.
Dan Blackstock, county counsel, recommended that the Board
not agree to the letter agreement. The Board cannot treat one developer
differently than another developer. The county would have to have some
type of agreement whereby the letter of credit or a savings book assured
the county of payment.
i"
Mr. Colby stated he has about 3S0 to 400 acres left. Tt is
all presently zoned. There are about 100 acres of industrial, 50 acres
of commercials and the rest of the property is in "R-3," "R-4," and "A-R."
His development takes into consideration the housing of the moderate
income people. Each dollar that they put into the house is pretty hard
to get back from the home buyer. They are limited as to the price range
they can go. He would much rather contribute at the time of development
of the commercial and industrial property than with the residential property.
He did not feel a traffic light was needed.
Mr. Nelson stated the need for the traffic light will be in the
future when the entire area is developed. The effect of this project is
insignificant when viewed by itself.
Page 3b9.
November 4, 1980
November 4, 1480
SO-
Zt was moved by Supervisor Winston, in light of the fact that
future development in the area of Wnyoka Homes is .of such. a potentially
diversified nature, finding under item IP13 the proposal will hot result
in generation of substantial vehicular movement, finding the proposed
project could not fiave a significant effect on the environment, a negative
declaration be accepted.
Motion withdrawn.
On motion of Supervisor Winston, seconded by Supervisor Moseley
and unanimously carried, finding the project will not have a significant
effect on the environment, a negative declaration was recommended with the
findings based on the fact there will be no generation of substantial
additional vehicular movement and there will be no need for new systems
in storm water drainage systems; there will be no substantial changes in
absorption rates, drainage patterns, or rate and amount of surface
water runoff and there will be no need for off-site surface drainage
improvements, including vegetation removal, channelization or culvert
installation.
On motion of Supervisor Winston, seconded by Supervisor Moseley .
and unanimously carried, finding the environmental findings have been
considered and the project is substantially in compliance with the
Butte County General Plan, the rezone from "R 4" (maximum density residential-
restricted service) and "R-3" (medium density residential) to "PA-C"
(planned area-cluster), property located on the north side of Monte Vista
Street, approximately 600 feet east of Lincoln Boulevard, identified as
AP 36-16-43, Oroviile for Wynoka Homes, Inc. was approved subject to the
following conditions; Ordinance 2158 was adopted and the Chairman authorized
to sign:
1. Submit road and drainage plans to the Department of Public Works
for approval and install the required facilities.
2. Provide 20 ft. radius property line returns at all street iitersections.
3. Indicate a 50-ft. building setback line from the centerline of
Monte Vista Avenue.
4. Provide right-of-way for standard No. S-5 at all street intersections
5. Street signs shall be provided by the developer at all street inter-
sections per County requirements. (Submit five alternate street
names for each street to the County address coordinator for approval
of street names.)
6. Construct one-half street section on Monte Vista to RS-2A road
standard with vertical curb, gutter, and sidewalk and 2" AC, 8"
AB, SC 250 prime and fog seal and 95% relative compaction. Submit
design to County Department of Public Works for approval. "R"
value determinations and other data may be required to support
section design.
7. Provide monumentation as required by the Department of Public Works
in accordance with accepted standards.
8. Street grades and other features shall comply with the Butte County
Ordinances, design resolution and other accepted engineering standards.
9. Provide permanent solutio~for drainage.
P ge 370.
November 4, 1980
sa-
3
175a
1751
November 4, 1980
L0. All easements of record to be shown on the final map. T -
11. Meet requirements of the Butte County Fire Department or other
responsible agency.
12. Street lighting shall be provided in accordance with Butte County
requirements, accepted design criteria, and recommendations of PG&E.
13. Submit site development plan to Department of Public Works for approval
and construct or install the required facilities.
14. Pay off assessments.
15. Meet the requirements of the utility companies (i.d., PG&E, Pacific
Telephone, water, sewer).
16. Pay any delinquent taxes.
17. File a tentative and final subdivision map and pay appropriate fees.
ls. Provide sewer service by the North Burbank Public Utility District
and provide domestic water from the Oroville-Wyandotte Irrigation
District.
19. Internal Circulation: Provide 2-way access roads inside development
to eliminate excess traffic flow on Monte Vista.
20. Provide sight distance for cars backing out of garages. Require.
24 ft. pavement section minimum with 15 ft, minimum building setback
from edge of pavement, also no parking to be allowed along roads
within 20 ft. of garages and on the east and west streets.
21. Redesign to eliminate earner parking spaces. Provide 30' radius
return at all interior intersections.
22, Provide pedestrian walkways along interior north-south roads.
23. Provide landscaping plan and street lighting plan.
~ ADOPT RESOLUTION 80-234: GRANTING JURISDICTION TO CITY OF CHICO RE:.
NORTHEAST CHTCO SEWER ASSESSMENT DISTRICT
Bob Brunsell, bond counsel, set out the background of the resolution
for the Northeast Chico Sewer Assessment District.
i On motion of Supervisor Wheeler, seconded by Supervisor Dolan
and unanimously carried, the following action relatiive to Northeast Chico
Sewer Assessment District was approved:
1. Authorized filing of City of Chico resolution requesting
jurisdiction.
2, Adopted Resolution 8 0234 granting jurisdiction to the City
of Chico.
ADOPT RESOLUTION 80-235 AWARDING CONTRACT FOR SACRAMENTO AVENUE ASSESSMENT
DISTRICT
Bob Brunsell, bond counsel, stated the bonds for Sacramento
Avenue Assessment Bistrict were delivered yesterday. The money is on
hand. It is in order to award the contract.
Page 371.
November 4, 1980
8D-
a
November_4, 19$0 _ _ _ _ _ _ _ _
- - -On motion-of Supervisor Dolan, seconded^by Supervisor Moseley
and unanimously carried, Resolution 80-235 awarding the contract for
Sacramento Avenue Assessment District to Burdick Contractors was adopted;
The Chairman authorized to sign; and the filing of notice of award of
the contract was authorized.
PUBLIC HEARINGS: GORDON BOATRIGHT APPEAL OF ADVISORY AGENCY'S CONDITION
ON TENTATIVE PARCEL MAP: WTLBURN HUFF APPEAL OF ADVISORY AGENCY'S CONDITION
ON TENTATIVE PARCEL MAP: WILLIAM PEAKER APPEAL OF ADVISORY AGENCY'S CONDITION
ON TENTATIVE PARCEL MAP
The following public hearings were held as advertised:
1752
1. Gordon Boatright - appeal of the Advisory Agency's condition
15 (meet the requirements of the Butte County Eire Department) on tentative
parcel map, AP 62-07-367, three parcels, east side of Bald Rock Road, 11/2
miles south of Oroville-Quincy Highway, Berry Creek area.
2. Wilburn Huff - appeal of the Advisory Agency's condition 15
(meet the requirements of the Butte County Fire Department) on tentative
parcel map, AP 62-07-366, three parcels, east side of Bald Rock Road, 1-1/2
miles south of Oroville-Quincy Highway, Berry Creek area.
3. William Peaker -- appeal of the Advisory Agency's condition 8
(meet the requirements of the Butte County Fire Department) on tentative
parcel map, AP 36-13-94, four parcels, southwest corner of Mt. Ida Road
and Wyandotte Miners Ranch Road, Oroville area.
Clay Castleberry, public works director, set out the background
of the appeals. These are the standard conditions of the Fire Department.
The Board's previous action has been to waive these. conditions until
the new Fire Department criteria has been approved. These parcels do not
meet the new standards that have been presented for consideration.
Hearing open to the public. Appearing:
1. Robext Huskey, representing Mr. Boatright, Mr. Huff and
Mr. Peaker. Mr. Huskey stated they were not objecting to all the
requirements of the-Fire Department. They would remove the debris. He
objected to the fire flow required on parcel maps. He felt the requirements
are for undeveloped parcels. There would be no guarantee the water tank
would be full of water at the time of afire. People who move to outlying
areas know they are moving away from fire and police protection. He felt
it might be better to have conditions at the time of a building permit
instead of a condition of a parcel map.
2. Lee Colby. Mr. Colby stated that as Chairman of the Land
Aevelopment Process Committee, the committee has been discussing this
situation, They would like to take a look at the fire requirements and
make some suggestions.
Supervisor Winston felt the committee should look at these
requirements.
3. Mike Evans. Mr. Evans stated that when a client comes into
their office, they give them the requirements as set out in the ordinance
and regulations. Section 13.02-1 was read at this time. There are
recommendations. As he read the code section for one to four parcels
is a recommended amount. Tf there are more than five parcels there
is not a recommended amount but 10,000 gallons are required.
Page 372.
November 4, 1980
November 4, 1980
80- Supervisor Dolan felt Mr. Evans was probably reading the ordinance
b correctly. There is a need to comply with the General Plan that requires
adequate fire protection,
Mr. Evans stated he would like to see the fire standards.
Bettye Blair, planning director, stated as the Board knew
there have been preliminary discussion: It was the hope they would be
able to discuss the standards individually with the Board and then call
a public hearing on the matter. Whenever a department makes a professional
recommendation, the Advisory Agency brings that in as a condition.
Copies of the fire standards report to be given to_the
Land Development Process Committee, each of the libraries. .
Hearing closed to the public and confined to the Board.
On motion of Supervisor Winston, seconded by Super~dsor Moseley
and carried, the following appeals were upheld and the conditions deleted:
1. Gordon Boatright appeal of Advisory Agency's condition 15
(meet the requirements of the Butte County Fire Department) on tentative
parcel map, AP 62-07-367, three parcels, east side of Bald Rock Road,
1-1/2 miles south of Oroville-Quincy Highway, Berry Creek area.
2. Wilburn Huff appeal of the Advisory Agency's condition 15
(meet the requirements of the Butte County Fire Department) on tentative
parcel map, AP 62-07-366, three parcels, east side of Bald Rock Road,
1-1/2 miles south of Oroville-Quincy Highway, Berry Creek area.
3. William Peaker appeal of the Advisory Agency's condition 8
(meet the requirements of the Butte County Fire Department) on tentative
parcel map, AP 36-13-94, four parcels, southwest corner of Mt. Ida Road
and Wyandotte Miners Ranch Road, Oroville area.
AYES: Supervisors Moseley, Wheeler, Winston and Chairman Lemke
NOES: Supervisor Dolan
1753 PUBLIC HEARING: WALTER LAUN - APPEAL OF ADVISORY AGENCYtS DENIAL OF
PROPOSED NEGATIVE DECLARATION AND TENTATIVE PARCEL MAP, AP 28-27-155,
FOUR PARCELS, SOUTH SIDE OF BANGOR PARK ROAD, 1/2 MILE EAST OF DUNSTONE
BRIVE, OROVIL_LE AREA
The public hearing on Walter Laun appeal of the Advisory Agency's
denial of proposed negative declaration and tentative parcel map,
AP 28-27-155, four parcels, south side of Bangor Park Road, 1/2 mile east
of Dunstone Drive, Oroville area was held as advertised.
Clay Castleberry, public works director, set out the background
of the appeal. The denial was based on General Plan incompatibility.
Bettye Blair, planning director, stated the application was
found not in conformity because of the incompatibility with agricultural
uses. There are Land Canservation Act Agreements to the east and to
the South.
Supervisor Winston stated that to the north and west there
have been many residences. .
Ms. Blair stated that most of the parcels are 160 acres and
40 acres. She felt there were still large parcels across the street.
age 373.
November 4, 1980
November 4, 1980
80- Supexvisor Dolan stated this was designated agricultural_residential
'~ and is zoned "A-~"
Ms. Blair stated the division complies with the zoning. They
are required to look at the other criteria of the General Plan and make
recommendations. The applicant was noticed in the brief review done
by staff that this project was not in conformity with the General Plan.
Hearing open to the public. Appearing:
1. Robert Huskey, representing Mr. Laura. Mr. Huskey opposed
the denial of the map .based on the Planning Department's findings. He
did not agree tfiat tfiis project was not compatible with. agricultural uses.
The fact, there axe Land Conservation Act agreements to the south and
east does not necessarily make the surrounding area incompatible. If
a parcel is 20 acres, most people would want to raise crops for their
own uses. This would be quite compatible with open grazing. It is not
in orchard or row crop area. This is rural agricultural residential
area. This pxoperty is too small a parcel for someone who raises cattle.
The requirements in this area is about 15 acres per cattle in order to
use as grazing land for about five months out of the year. From
Avocado Avenue south to the boundary, there are a number of five, ten
and twenty acre parcels. East and west are both forty acre parcels.
Immediately to the north is a 200 acre parcel. The General Plan calls
agricultural residential one to forty acres and the zoning is "A-5."
The parcel sizes are allowable from a sanitation standpoint.
2. Walter Laura. Mr. Laura felt the Advisory Agency made an
error in denying the map. He owns forty acres. He felt that five and ten
acre parcels were just as meaningful as i60 acre parcels. Why would someone
preserve something unsound such as grazing land in this area. The land
could not be sold to a cattle rancher.
Hearing closed to the public and confined to the Board.
Supervisor Winston stated that in fiew of the size of the
garcels, iiy zoning standards that are quite large, this is a matter of
judgment.
Supervisor Dolan stated that by the standards of agricultural
residential 20 acres and greater are consistent and 20 acres and under
are conditionally consistent. This is the area whexe the Board has had
appearances by cattle ranchers who are having problems that exist.
Supervisor Winston stated that it is a matter of judgement.
In his mind, 10, 17 and 13 acre parcels were compatible. They are not
talking about great densities.
On motion of Supervisor Winston, seconded by Supervisor Moseley
and unanimously carried, finding the proposed project could not have a
significant effect on the environment, a negative declaration was accepted.
On motion of Supervisor Winston, seconded by Supervisor Moseley
and carried, the appeal of Walter Laura of denied tentative parcel map,
AP 28-27--155, four parcels, south side of Bangor Park Road, 1/2 mile east
of Dunstone Drive, Oroville area was upheld based on the fact that it is
in accordance with the present zoning; that it meets the critexia, namely,
that parcels of '10, 17 and 13 acres or compatible with neighboring
agricultural areas and finding the project consistent with the General
Plan, the tentative parcel ma~ was approved subject to the following
conditions: age 374.
November 4, 1980
November 4, 1R8fl '
8¢ 1. Provide two way traversable access RS-B-LD-I to each. parcel from a
d county maintained road or state highway
2. Access to be reserved in deeds as per county ordinance and offered for
dedication on the final map.
3. Show 50 ft. building setback line measured from centerline of access
easement.
4. Provide road maintenance agreement.
5. Show all easements of record on the final map.
6. Provide street name signs per requirements of the Department of Public
Works prior to recordation of the final map.
7. Pay off any assessments.
8. Provide cul-de-sac at the end of the street.
9. Pay any delinquent taxes.
L0. Meet the requirements of the Butte County Fire Department.
11. Provide circulation.
12. 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 mailable.
13. Verify legal parcel - Compliance with. the conditions of the waiver
application for AP 27-23-47 and AP 28-27-150, of which this parcel is
a part, have not been met.
AYES: Supervisors Moseley, Wheeler, Winston and Chairman Lemke
NOES: Supervisor Dolan
1754-.,RESCIN'D ACTION RE: REQUEST FOR PENALTX RELIEF FOR LTNDA K. SMITH FOR
AP 51-12-96: APPROVE REQUEST FOR_PENALTY RELIEF
L Linda K. Smith spoke regarding her request for penalty relief
that the Board had denied. She had a secretary who paid her property
taxes and in error were filed away with the personal property taxes.
She wrote a check in April and payed the first installment with penalties.
She made another check for the second installment. They were both placed
in the same envelope. In May she received the second installment check
back saying they would not accept the second installment. Both checks have
the same number on the check showing county receipt. She went to the
Tax Collector's Office and was advised the office made a mistake. She
was advised to request relief through the Board. She asked the Board
why she should pay a penalty when the person in the Tax Collector's Office
admitted they made a mistake.
On motion of Supervisor Winston, seconded by Supervisor Moseley
and unanimously carried, the action of the Board in minute order 80-1663,
Oepober 21, 1980 relative to the request for penalty relief for Linda K.
Smith was rescinded and her request for AP 51-12-96 wasp.approved.
1755 ADOPT RESOLUTION $0-236 DELETING SECTTON 13.02 IMPROVEMENT STANDARDS
RE: FIRE DEPARTMENT REQUIREMENTS
Clay Castleberry, public works director, stated there are
some five or six parcel maps wiCh'Fire Department fire flow conditions.
Page 375.
November 4, 1980
November 4, 1180
80- The Board would have to approve every request for reli~£. The Board has
b avpproved every request that has come before them. He asked if the Board
could give tfiem direction legally to act on some of tFiese items.
Supervisor Winston stated fie remembered during discussion of
the General Plan that the word reasonably adequate was discussed. At
the time of discussion it was obvious that if a person lives on Table
Mountain they do not want five or ten minute response times. He suggested
to avoid all the hearings until such time as the Board adopts the criteria
that Public Works be instructed that the interpretation would be subject
to the insertion of reasonably adequate;;location, conditions of roads,
etc.; and the fire flows to be included also. He lived in a town that
only had a volunteer fire department and there were no such requirements.
The people that choose to live on top of mountains take the chances.
It was moved by Supervisor Winston that any criteria for water
storage criteria for response time be removed until such time as afire
plan is formally adopted by the Board.
Dan Blackstock, county counsel, stated the Board would have to
adopt a resolution deleting Section 13.02 of the Improvement Standards
*** as they are included in the resolution adopting the Improvement Standards.
Motion withdrawn.
On motion of Supervisor Winston, seconded by Supervisor Wheeler
and carried, Resolution 80-236 deleting Section 13.02 from the Improvement
Standards with otkier requirements to be reconsidered when the Fire Plan
is considered by the Board was adopted and the Chairman authorized to
sign. AYES: Supervisors Moseley, Wheeler, Winston and Chairman Lemke.
NOES: Supervisor Dolan.
Supervisor Dolan stated there would not be any requirements
for fire protection with this motion.
Supervisor Wheeler stated that people who live out there
pay a high premium on insurance. They are accepting the fact there is
no fir~rotection.
Mike Evans stated that this is correct relative to fire
insurance. People would probably save $50 per year with a water flow tank.
He did not feel a note on the map would have any effect. People look at
the area when they~are interested in buying. They do not look at the map.
Robert Huskey did not feel that the fire requirements were
being removed. There would still be the removal of debris. Ali that is
being removed is the specific fire flow in that area.
1756 APPEARANCE: LEE COLBY
Mr. Colby stated that the Land Development Process Committee has
been holding hearings. Real estate and development people have been invited.
There was a subsequent meeting open to the general public. The committee
would like to review the Eire Department requirements and proposed plan.
The committee would also like to review the subdivision ordinances. There
are several areas that are very ambiguous that cause hearings to come
before the Board. The committee is also in, the process of delving further
into the LAFCo situation. They are in contact with the Attorney General
for an interpretation.
Page 376.
November ~+, 1980
80-
a
1757
1758
-______~---=-November 4L 1980_________________
Chairman Lemke referred the letter from Alfred Conn, advisor to
the President, relative to inflation to the Land Development Process
Committee. Administrative Office to make copies for the committee.
Supervisor Wheeler referred a memo from Planning relative to
changes in the laws in planning to the Land Development Process Committee.
COMMUNICATTONS CONTINUED
Paxadise Memorial Hall Committee. The committee writes concerning abuses
of parking around the Memorial Hall Building in Paradise.
Discussed; referred to Administrative Office for report back.
County Supervisors Association of California. CSAC forwards its Legislative
Alert requesting information on Pre-print SB 1G (,Title XX Social
Services Redesign). Referred to Welfare Director for response.
State Department of Health Services. The department forwards notification
that the County Health Services Plan and budget are comglete
and payment has been authorized. Information; no action taken.
National Association for the Advancement of Colored People, Chico. The
association writes with regard to the Public Defenders services
that will be considered by the Board. Handled earlier in the
meeting.
Butte Tribal Council. The council writes with regard to the Public
Defenders services that will be considered by the Board. Handled
earlier in the meeting.
Concilio Mexicano de Chico, Inc. The organization writes with regard to
the Public Defenders services that will be considered by the
Board. Handled earlier in the meeting.
ADDITTONAL MATTERS PRESENTED BY BOARD MEMBERS
Supervisor Dolan stated the Board had received a letter from
the County of Humboldt relative to a special election next 9pri1 for the
Peripheral Canal. She asked for a report from the County Clerk relative
to the cost of such an election.
Chairman Lemke stated the Board had received a letter from
the City of Chico concerning the Southeast Chico Redevelopment Plan.
Letter to be sent to the Chico City Council for tonight's meeting that
the Board wishes to cooperate with the Council. Joint meeting with the
City Council tentatively set for November 12, 1980 at 1:00 p.m. in the
Chico City Council Chambers.
AD30URNMENT
There being nothing further be~nse the Board at this
time, the meeting was adjourned at 12:38 p.m. to reconvene on Tuesday,
November 18, 1980 at 9:00 a.m.
ATTEST: CLARK A.NELSON, COUNTY CLERK-
RECORDER and ex-officio Cle
of the Board of Superv~fsors,~-
Chairman, Boar of upervisors
By ~
Page 377.
November 4, 1980