HomeMy WebLinkAboutM111880November 18, 1980
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'.1759
iTATE OF CALIFORNIA )
SS.
:OUNTY OF BUTTE )
The~Board of Supervisors met at 9:00 a.m, pursuant to adjournment.
Present: Super~sors Dolan, Moseley, Wheeler, Winston and Chairman Lemke.
Clif Nickelson, administrative officer; Dan Blackstock, county counsel; and
Clark A. Nelson, county clerk; by Cathy Pitts, assistant clerk to the Board.
Pledge of Allegiance to the Flag of the United States of America
Invocation by Supervisor Moseley
APPROVAL OF MINUTES
On motion of Supervisor Winston, seconded by Supervisor Dolan
and unanimously carried, the minutes of November 4, 1980 were approved
as mailed.
On motion of Supervisor Winston, seconded by Supervisor Moseley
and unanimously carried, the following amendments were made to reflect a
unanimous vote on the waiving of the second reading of the below ordinances
with no changes to be made to the vote on the adoption of the ordinances:
March 21, 1980, minute order 80-371, Ordinance 2083 salary
ordinance amendment.
August 12, 1980, minute order 80-1324, Ordinance 2132 mobile
park street naming.
November 4, 1980, minute order 80-1721, Ordinance 2156 salary
amendment.
'.1760 ~WATVE FIRST READTNG OF SALARY ORDINANCE AMENDMENT
'1761
On motion of Supervisor Winston, seconded by Supervisor Wheeler
unanimously carried, the first reading of the salary ordinance
ndment which adds three additional deputy sheriffs to the patrol division
the Sheriff's Department bringing the total to nine authorized of the
ginal 27 positions discussed was waived.
VE FIRST READING OF SALARY ORDINANCE AMENDMENT
On motion of Supervisor Moseley, seconded by Supervisor Dolan
unanimously carried, the first reading of the salary ordinance
ndment which adjusts CETA participant and other hourly rated workers
conform to the new minimum wage requirement of $3.35 per hour and
ises some staffing levels was waived.
1762 UTHORIZE PERSONNEL DIRECTOR TO EXECUTE SATELLITE HEALTH INSURANCE
..1763 ECLARE TREES SURPLUS AND AUTHORIZE PURCHASING OFFICER TO DISPOSE OF THEM
Y SEALED BID
On motion of Supervisor Winston, seconded by Supervisor Wheeler
nd unanimously carried, ten dead trees and stumps in the Chico area that
eed to be removed from the right-of-way were declared surplus and the
urchasing Officer was authorized to dispose of them by sealed bid.
GREEMENT WITH B:CEA
On motion of Supervisor Wheeler, seconded by Supervisor Dolan
and unanimously carried, the Personnel Director was authorized to executue
a satellite health insurance agreement with BCEA which would permit their
staff members to be cowered under the County Health Plan at no cost to
the county involved.
Supervisor Dolan asked that a procedure be established whereby
money obtained from the saFe~=*aonld be used to replace the trees.
Page 378.
November 18, 1980
November l8, 1980
- Public Works Director to check and see if this would be possible.
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1764 ACCEPT DONATION OF HURST POWER TOOL FROM JAWS OF LIFE CITIZENS COMMITTEE
FOR USE BY THE COUNTY FIRE DEPARTMENT IN THE'CHICO AREA (NORTH CHLCO
1765
On motion of Supervisor Winston, seconded by Supervisor Moseley
and unanimously carried, the donation of a Hurst power tool to the
County Fire Department for use in the Chico area with a suggested placement
being Station 42 (North Chico Fire Station)iby the Jaws of Life Citizens
Committee was accepted and a letter of appreciation to be sent to the
committee.
PRICE OF 1980-81 FINAL BUDGET DOCUMENT SET AT $4.00 INCLUDING SALES TAX
On motion of Supervisor Moseley, seconded by Supervisor Winston
and unanimously carried, the price of $4.00 including sales tax was set
for the 1980-81 final budget documents.
1766 APPROVE AGREEMENT WITH NORTH BURBANK PUBLIC UTILITIES DISTRICT RE:
SOUTH OROVILLE WPA DRAINAGE DITCH PROJECT
On motion of Supervisor Winston, seconded by Supervisor Wheeler
and unanimously carried, the agreement with North Burbank Public Utilities
District to hold the county harmless which will permit a portion of
excavated ditch to remain open allowing the district to make sewer repairs
was approved and the Chairman authorized to sign.
1767 (APPROVE/DENY REQUESTS FOR PENALTY ABATEMENT OF CHANGE OF OWNERSHIP REPORTS
On motion of Supervisor Winston, seconded by Supervisor Wheeler
and unanimously carried, the following action was taken:
1768
1. Approved request for penalty abatement for Howard Day for
AP 028-32-0-108-0
2. Approved request for penalty abatement for Charles Ostrom
for AP 004-21-2-008-0
3. Approved request for penalty abatement fox Charles E. Langel
for AP 044-50-0-013-0
4. Approved request for penalty abatement for Javier Martinez
Comes for AP 004-24-0-064-0 and AP 039-33-0-033-0
5, Denied request for penalty abatement for Sandra E. Hazel
for AP 005-16-5-003-0
6. Denied request for penalty abatement for Darwyn E. and
Sue A. Meyer for AP 005-25-1-003-0
7. Denied request for penalty abatement for Charles K. and
Merry Witcomb for AP 004-18-4-009-0
WAIVE FIRST READING OF ORDINANCE RE: STANDARDS .& TRAINING OF LOCAL
CORRECTIONS AND PROBATTON OFFICERS PROGRAM
On motion of Supervisor Winston, seconded by Supervisor Wheeler
and unanimously carried, the first reading of the ordinance setting forth
that the county will adhere to thes,tandards for recruitment and training
..established by the State Board of Corrections as part of the implementation
'of Senate Bi11 924 which is designed to raise the level of competence
of local corrections and probation officers was waived. '
Page 379.
November 18, 1980
November 18, 1980
80-1769 DTSGUSSION AND POLICY DIRECTION: SHERIFF'S MANAGEMENT STUDY
v Discussion of the Sheriff's management study held at this time.
Ciif Nickelson, admin3.strative officer, stated there was nothing new to
report. The Sheriff did not buy the proposal concept. He questioned
whether it would be cost effective to spend $24,000 for the study.
Supervisor Winston could not see what good it would accomplish
to spend $24,000 for the study that will mold in someone's desk.
This situation was studied for four years. He has seen dozens of studies
that say the same things the Board already knows without the expenditures.
He knew there were problems in the Sheriff`s Department.
Mr. Nickelson stated they could go back and try to get someone
far the $15,000 that is budgeted.
Chairman Lemke stated that what was obvious at the committee
meetings was the fact they were unable to generate any other information
except what the Sheriff was able to present. This was not sufficient
information for the committee. The committee are the ones that recommended
a study of the Sheriff's Department. He felt the committee was also
concerned about the fiscal expenditures as well. The study needs to be
made to determine whether what the Board heard from the Sheriff was
necessary. The committee wanted an objective opinion as far as the
request for 67 people that was requested.
Mr. Nickelson stated the main thing about the question of the
study is more money and more manpower solution to every problem. Are
there better ways to reduce the request far more money and manpower.
Supervisor Moseley stated the Board would. not have much
to say about the needs anyway.
Chairman Lemke stated the Board was being called by management
to provide 67 positions for what the Sheriff says is needed. The study
might show that amount was not needed or that more personnel are needed.
Tt is important that the study be done by someone acceptable by both
the Board and the Sheriff.
Supervisor Dolan stated the study was to go beyond the
amount of personnel needed. It was to also consider efficiency.
She felt that $24,000 was a lot of money, but on the other side with a
department of $5.8 million how many more people are needed and maybe
how can they better serve the public.
Supervisor Winston stated that whatever Stems came out of the
study would not have to be implemented by the Sheriff if he did not want
to implement them.
Supervisor Wheeler felt that the report might deal with what
level of service is needed for the county.
Administrative Office to meet with the Sheriff to define
the scope of the study somewhat and issue another quote.
1770 APPROVE BUDGET TRANSFERS
On motion of Supervisor Dolan, seconded by Supervisor Wheeler
and unanimously carried, the following budget transfers were approved:
B-39 - Community Action Program. Transfers $360 from salaries
and wages, $18 from fringe benefits, $45 from space casts and rentals
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November 18, 1980
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and $350 from other costs; with $773 going to-consumable supplies. The-
purpose of this transfer is to increase the budgetary appropriation in
the consumable supplies line item within the 1980 Summer Food Program
pursuant to budget modification 4P1 as approved by the U.S. Department of
Agriculture on October 30, 1980.
B-40 - Community Action Program. Establishes an appropriation
for the Head Start 1980 training and technical assistance grant as follows:
office expense, $1,005; professional and specialized services, $100;
other parent involvement, $200; and transportation and travel, $695.
Funding is coming from federal aid as part of the grant approved by the
Department of Health, Education and Welfare, Office of Human Development,
on September 26, 1980.
B-4l - Housing and Community Development. Establishes an '
appropriation in the amount of $4,095.51 for HCD general management and
coordination for the period July 1 through September 30, 1980. Funding
is from the HCD program income account (10/78 - 9/79 grant year).
B-42 - Housing and Community Development Block Grant. Establishes
the appropriation for the 1980-81 Housing and Community Development Program
in the amount of $500,000 as part of the grant approved by the Department
of Housing and Urban Development on September 12, 1980 covering the grant
year period October 1, 1980 through September 30, 1981.
B-43 - Housing and Community Development. Transfers $1,795 from
intra departmental transfers in the Administrative Office to a similar
account in the Housing and Community Development budget and establishes
an additional appropriation of $600-in office expense, $300 fox transporta-
tion and travel, $2;294 for allocated costs received. Funding for the
increased appropriations is from federal aid - program income.
B-44 - Mental Health. Transfers $5,098 from intra department
transfers in the Mental Health General Services budget to the Detoxification
budget. Transfers $165,265 from professional and specialized services in
the Mental Health. General Services budget and $10,000 from direct service
transfers in the Sheriff's Incarceration budget; together with additional
unanticipated revenue in state aid in the amount of $9,598, increases the
following budgetary line items in the Mental Health General Services budget:
salaries and wages, $70,000; extra help, $60,000; employee benefits,
$17,000; communications, $9,378•, maintenance of equipment, $60; office
expense, $1,200; transportation and travel, $11,200; improvement of
structures, $2,250; fixed assets - equipment, $3,775; and direct service
transfers, $10,000. Total amount of the transfer is $189,961 ($180,363
between budgetary line items and an additional $9,598 in revenue).
B-45 - Community Action Program. Within the Community Action
Agency Administration 1980 grant year budget, transfers $1,125 from fringe
benefits; with $55 going to rents, lease and purchase of equipment and
$1,070 to other costs. Within the Community Services Program budget,
transfers $6,903 from fringe benefits; with $2,000 going to travel,
$1,800 to space costs and rentals, $1,000 to consumable supplies and
$2,103 to other costs. This is a transfer of appropriations between
various line items within the 1980 Community Action Agency grant pursuant
to budget madification 4~1 as approved by the Community Services
Administration on November 7, 1980.
B-46 - Community_ Action Pr~ ogram. Establishes the budget for
the Community Action Agency 1980-81 Minor Home Repair Program between
the agency and the county Housing and Community Development Program
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November 18, 1980
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in the amount of $33,075. -The budgetary appropriation is as follows:
salaries and wages, $5,304; benefits, $898; travel, $2,000; consumable
supplies, $20,673; lease and purchase of equipment, $3,700 and other
costs, $500.
8-47 ~ Central Services _ Duplicating. Transfers $835 from
maintenance of equipment and $625 from unallocated department costs,
thereby increasing the appropriation in the Central Services Duplicating
budget as follows: memberships, $30; rents and leases of equipment,
$180; fixed assets - equipment, $625; and allocated costs received, $625.
The appropriation increase is necessary to cover an unanticipated increase
in membership dues and for the extended length of time to rent a
microfilm camera while awaiting final budget adoption and also to increase
fixed assets appropriation to purchase the offset printer instead of
renting.
CONSIDERATION OF EXECUTIVE BIRECTOR MERIT INCREASE AND RANGE ADJUSTMENT -
CONTINUEA TO NOVEMBER 25 1980, CAA
Consideration of the Executive Director merit increase and
range adjustment was continued to November 25, 1980.
DISCUSSION OF COMMUNITY, AC'F?ON AGENCX ITEMS: DELEGATE AGENCY COMMUNITY
FOOD NUTRITION PROGRAM: GRANT AWARD-FROM COMMUNITY SERVICES ADMINISTRATION FOR
MOVING TO OROVILLE CENTER: WAIVER OF FEE ON APPLICATION FOR USE PERMI
Jim McNaughton, executive director of CAA, spoke regarding
the c~;e,~.egate agency -for the community food and nutrition program at this
time. They leave been handling this program with their existing staff.
They would be expanding the working with the gleaners and nutritional
program to help them expand their programs. The grant is for one year.
The reason for this request was so they could purchase a vehicle to be
used for the gleaner program. This would also help to house the
goods from the gleaners. They are currently paying mileage for the
gleaners out of the CSA grant. They have been putting money into the
program for seniors to go out of the county. There are four branch
gleaners organizations; Gridley, Oroville, Chico and Paradise.
These groups go out of the county as one group. He did not feel the
money should be split between the four organizations to be used by them.
They could not buy a vehicle if this were the case. The warehouse for
this program is on the county site,
Supervisor Dolan stated that if a vehicle were furnished there
were many senior citizens that would participate in the program that
are unable to at this time because of lack of transportation.
Mr. McNaughton stated that the reason Solano County is involved
is because that county has a senior gleaning organization. They will
be given the money if they can show some relationship between the four
counties interested. There are eight counties in central California
that receive $200,000. They have put together a joint proposal that
has four independent programs except for distribution of the food.
The counties involved are Solano, Napa, Placer and Butte.
Supervisor Moseley felt this was a lot of money. She wondered
where they would put it.
CHAIRMAN LEMKE ABSENT AT THIS TIME.
ACCEPT SUPPLEMENTAT~ GRANT AWARA FROM COMMUNITY SERVICES ADMINISTRATION -
GRANTEE PROGRAM MANAGEMENT SYSTEM
On motion of Supervisor W[ieeler, seconded by Supervisor Dolan
and carried, the supplemental grant award from the Community Services
Page 382.
November 18, 1980
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____Novemberl8,_1R80_ ____________
Administration in the amount of $2,000 to offset additional travel costs
for Community Action Board and staff training on implementation of the
CSA's new Grantee Program Management System was accepted. AYES: Supervisors
Dolan, Moseley, Wheeler and Winston. ABSENT: Chairman Lemke.
CHAIRMAN LEMKE PRESENT AT THIS TIME
MOTION FAILED: APPROVAL OF DELEGATE AGENCY AGREEMENT FOR COMMUNITY FOOD
AND NUTRITION"PROGRAM
It was moved by Supervisor Dolan, seconded by Supervisor Wheeler
that the delegate agency agreement with Solano County Economic Opportunity
Council to subcontract with Butte County to continue and expand community
food and nutrition program through a .one time expenditure of funds with
the one time assistance being in the amount of $54,616 and including
personnel costs, $19,668; vehicle purchase, $11,000; fringe benefits,
$3,879; vehicle maintenance, $7,248; office supplies, $3,753; and
miscellaneous costs, $9,068 tae approved and the Chairman be authorized
to sign. AYES: Supervisors Dolan and Wheeler. NOES: Supervisors
Moseley, Winston and Chairman Lemke.
Motion failed.
1775
1776
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1778
ACCEPT GRANT AWARD FROM COMMUNITY SERVICES ADMINISTRATION FOR MOVING
OF OROVTLLE CENTER TO SOUTH OROVILLE AND REPAIRS TO GRIDLEY COMMUNITY
CENTER
On motion of Supervisor Moseley, seconded by Supervisor Dolan
and unanimously carried, the grant award in the amnunt of $20,500' which
will enable the move of the Oroville Center from its present location to
South Oroville in a building previously occupied by the E1 Medio Fire
Department which includes the addition of two private offices, extending
heating and cooling ducts to the engine room, installing carpeting and
a dropped ceiling, and purchase acoustical partitions to provide additional
office space; and including funding for the conversion of the garage next
to the program administrative office into office space and for repairs to
the Gridley Community Center was accepted and the Chairman authorized to
sign.
APPROVE SUBMISSION OF APPLICATION FOR USE PERMIT AND WAIVING OF FILING
FEE FOR OLD EL MEDTO FIRE STATION
On motion of Super~sor Winston, seconded by Supervisor Dolan
and unanimously carried, submission of an application for use permit for
the old E1 Medio Fire Station was approved and the filing fee was waived.
APPROVE AGREEMENT WITH MODOC COUNTY - MENTAL HEALTH DEPARTMENT
On motion of Supervisar Winston, seconded by Supervisor Moseley
and unanimously carried, the agreement with Modoc County to provide acute
care services in the mental health facility in Chico to Modoc County
patients which is a continuation of last fiscal year's agreement which
covers the period July 1, 1980 to June 30, 1481 in the amount of $150
per day per patient and is subject to change on notice with the maximum
amount being $15,500 was approved and the Chairman authorized to sign.
APPROVE 1980-81 ALCOHOL PROGRAM AND MENTAL HEALTH SERVICE BUDGET REVISION
AND PURCIiASE OF FIXED ASSETS
On motion of Supervisor Winston, seconded by Supervisor Dolan
and unanimously carried, the 1980-81 Alcohol Program and Mental Health
Service budget revision as a result of final approval by the State Department
of Mental Health which includes $2,250 in improvements to structures to
provide additional fencing at the Chico in-patient facility and the fallowing
equipment is_included: typewriter, .$500; posting trays, $500; portable
record player, $500; slide projector, $400; 35mm camera, $275; flash
Page 383.
November 18, 1980
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attachment, $100; two folding tables, $200; 36 folding chairs, $550;
and 15 hospital beds, $750 with the net change in the budget amounts
being $19,598 which is covered by state allocations or additional unantici-
pated income was approved and the purchase of the fixed assets were
authorized.
APPROVE VARIANCE RENEWAL: LLOYD L. DAVIS, WALTER AND JACQUELINE HENSLEY
AND CHARLES F. LUEDER
On motion of Supervisor Winston, seconded by Supervisor Wheeler
and unanimously carried, the following were approved:
1779
1. Lloyd L, Davis renewal of variance to Sections 19-10
and/or 19-12 of the Butte County Code for placement of a mobile home on
AP 42-05-007, Route 1, Box 759 (Rodeo Avenue), Chico area. Zoning:
+eA-5'r
2, Walter and Jacqueline Hensley renewal of variance to
Sections 19-10 and/or 19-12 of the Butte County Code for placement of
a mobile home on AP 39-27-31, 3862 Ord Ferry Road, Chico area. Zoning:
"A-40"
3. Charles F. Lueder renewal of variance to Sections 19-10
and/or 19-12 of the Butte County Code for placement of a mobile home on
AP 36-31-10, 4100 Foothill Boulevard, Oroville area. Zoning: "A-5"
'.APPROVE PUSLTC WORKS ITEMS: ADOPT RESOLUTION 80-237
On motion of Super~sor Moseley, seconded by Super~sor Wheeler
and unanimously carried, the following action was taken:
1780
1. Rejected all bids received for the operation of the Oroville
area transit system and authorized Public Works to revise the specifications
and rebid the operations contract.
2. Adopted Resolution 80-237 declaring through highway from
Midway to State Route 99 on Entler Avenue and the Chairman authorized to
sign.
3. Approved right-of-way contract covering the acquisition of
a twelve foot wide storm drain easement from Harvey and Amelia Gerholdt
in the amount of $3,000 for Sacramento Avenue Assessment District 1,
storm drain easement (AP 43-20-38) and the Chairman authorized to sign; and
the Auditor authorized to make payment from Sacramento Avenue Assessment
District No. 1 Funds upon demand from the county's escrow agent.
4. Authorized Public Works to apply for federal funding
for Stanford Lane (C-176.3} at grade crossing of the Southern Pacific
Railroad and Middle Honcut Road (4-192.6) and Central House Road (4-193.7}
at grade crossings of the Western Pacific Railroad to provide for the
installation of gates which would require a commitment by the local
agency to provide 10 percent matching funds, which is estimated to
be $5,000 per crossing.
ADDITIONAL MATTER PRESENTED BY PUBLIC WORKS DIRECTOR
Clay Castleberry, public works director, stated he had submitted
a resume of bids received on the inter-city systems. The Inter-City
Committee recommends award to the low bidder. He would be bringing back
a contract based on the low bid.
1781
Page 384.
November l8, 1980
November 18, 19-80
80- 1782 ADOPT RE50LUTTON 80--238: SETTING PUBLIC HEARING DATE FOR JOHN GAMBY
~ ABANDONMENT OF PUBLIC UTILITIES AND RECREATIONAL EASEMENT, PARADISE PINES
COUNTRY CLUB ESTATES: ADOPT RESOLUTION 80-239: SETTING PUBLIC HEARING DATE
FOR ANTHONY BATISTA ABANDONMENT OF PUBLIC UTILITIES EASEMENT, PARADISE
On motion of Supervisor Dolan, seconded by Supervisor Winston
and unanimously carried, the following resolutions were adopted and the
Chairman authorized to sign:
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1. Resolution SO-238 setting a public hearing date of
December 23, 1980 at 10:30 a.m, for consideration of John Gamby abandonment
of public utilities and recreational easement, Paradise Pines Country
Club Estates, Unit 2, Lot 42.
2. Resolution 80-239 setting a public hearing date of
December 23, 1980 at 10:30 a.m. for consideration of Anthony Batista
abandonment of public utilities easement, Lot 109, Paradise Pines Unit 14.
DATE SET
following public hearing dates were set:
1. A public hearing date of December 9, 1980 at 10:00 a.m.
was set for consideration of William S. Towne/Baldwin Contracting Company
rezone from "A-2" (general) to "SR-1" (suburban residential - one acre
parcels), property located on the south side of Entler Avenue, approximately
2,000 £eet east of the Midway, identified as AP 40--04-36 and 38, south
of Chico (item on which an EIR was previously certified)
2. A public hearing date of December 16, 1980 at 10:15 a.m.
was set for consideration of Baldwin Contracting Company draft environmental
impact report and rezone from "FR-S" (foothill recreational - five acre
parcels) to "PA-C" (planned area-cluster), property located along Butte
Creek from the Skyway to the east approximately three miles, identified
as AP 40-01-25, 40-02,130 and 132, 40-41-2 and 3, and 46-38-50 and 57,
southeast of Chico.
REPORT TO THE BOARD - GEORGE AND ROSEMARY FORESTER PROPOSED NEGATIVE
DECLARATION AND DENIED REZONE
The report to the Board on George and Rosemary Forester proposed
negative declaration and denied rezone from "TM-40" (timber mountain -
40 acre parcels) to "TM 20" (timber mountain - 20 acre parcels), property
located on both sides of Doe Mill Road, approximately 2-1/2 miles
south of Schott Road, identified as AP 63-02-67, 68 and 69, southeast of
Forest Ranch was accepted as information.
ADOPT RESOLUTION $0-240 SETTING PUBLIC HEARING DATE OF DECEMBER 23, 1980
AT 10:00 A.M. FOR CONSIDERATION OF THE FORMATION OF COUNTY SERVICE AREA
77 (WALNUT WOOD STREETLIGHTING DISTRICT) AND COUNTY SERVICE AREA 78 (WOODSIDE
STREETLIGHTING MAINTENANCE DISTRICT)
On motion of Supervisor Winston, seconded by Supervisor Wheeler
and unanimously carried, Resolution 80-240 setting a public hearing date
of December 23, 1980 at 10:00 a.m. for consideration of the formation of
the following county service areas was adopted and the Chairman authorized
to sign:
County Service Area 77 (Walnut Wood Streetlighting District)
County Service Area 78 (Woodside Streetlighting District)
1786 ADOPT RESOLUTION 80-241 OF AGREEMENT - DRAINAGE DISTRICT 4100 PROPERTY
On motion of Supervisor Winston, seconded by Supervisor Wheeler
and unanimously carried, Resolution 80-241 approving agreement with
Drainage District No. 100 regarding negotiated exchange of property tax
Page 385.
November 18, 1980
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November 18, 1980.
revenues relating to Drainage District No. 100 annexation, McKnight, was
adopted and the Chairman authorized to sign.
ADOPT ORDINANCE 2159: WAIVE SECOND READING OF ORDINANCE RESTRICTING PARKING
OF VEHICLES 10,000 POUNDS OR MORE BETWEEN THE HOURS 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 Winston
and unanimously carried, the second reading of the ordinance restricting
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 was
waived.
On motion of Supervisor Wheeler, seconded by Supervisor Winston
and carried, Ordinance 2159 restricting parking of vehicles 10,000 pounds
or more between the hours 10:00 p.m. and 8:00 a.m. in all residential
areas as defined in the ordinance was adopted and the Chairman authorized
to sign. AYES: Supervisors Wheeler, Winston and Chairman Lemke. NOES:
Supervisors Dolan and 'Moseley.
ADOPT RESOLUTION 80-242 AUTHORIZING PAYMENT OF EXPENSES AND RETENTION OF
COUNSEL - BUTTE COUNTY LIBRARY CORPORATION
On motion of Supervsior Winston, seconded by Supervisor Moseley
and unanimously carried, Resolution 80-242 authorizing payment of expenses
and retention of counsel for Butte County Library Corporation was adopted
and the Chairman authorized to sign.
ADOPT RESOLUTION 80-243 APPROVING THE DIRECTORS OR THE BUTTE COUNTY LIBRARY
CORPORATION
On motion of Supervisor Wheeler, seconded by Supervisor Winston
and unanimously carried, Resolution 80-243 approving the ISirectors of the
Butte County Library Corporation was adopted and the Chairman authorized
to sign.
APPOINTMENT TO CHICO BIKE COMMITTEE
On motion of Supervisor Dolan, seconded by Supervisor Winston
and unanimously carried, Mary Kaems was appointed to the Chico Bike
Committee.
APPOINTMENT TO DURHAM MOSQUITO ABATEMENT DISTRICT
On motion of Supervisor Moseley, seconded by Supervisor Wheeler
and unanimously carried, the following persons were appointed to the
Durham Mosquito Abatement District:
3`ohn Houghton
Charles Pooler
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(APPOINTMENT TO THE OROVTLLE MEMORIAL HALL COMMITTEE
On motion of Supervisor Winston, seconded by Supervisor Moseley
and unanimously carried, Theodore Arditi was appointed to the Oroville
Memorial Ha11 Committee.
APPOINTMENT TO THE CETA YOUTH COUNCIL
_ .On motios~ o£ Supervisor Moseley, seconded by Supervisor Winston
and unanimously carried, The following were appointed to the CETA Youth
Council:
Elizabeth Sanchez
Cecil Gonzales
Page 386.
November I8, 1980
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November 18, 1180
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APPOINTMENT TO THE PARADISE MEMORIAL HALL COMMITTEE
On motion of Chairman Lemke, seconded liy Supervisor Winston
and unanimously carried, Robert L. Biesecker was appointed as an at-large
member of the Paradise Memorial Hall Committee and Post 2039 to appoint
someon else to replace James 5erafine.
REPORT FROM SUPERVISOR WHEELER CONCERNING THE REQUEST OF DAN AND CATHY
JENKS TD HAVE ZONING INITIATED TO "R-3" FOR AF 044-33-0-016-0, PROPERTY
LOCATED ON BURNAP AVENUE BETWEEN EATON ROAD AND LASSEN AVENUE, CHICO -
CONTINUED TO NOVEMBER 25, 1980
The report from Supervisor Wheeler concerning the request of
Dan and Cathy 3enks 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 25, 1980,
DISCUSSION OF PROPOSED BUILDING CODE FOR LIMITED OWNERBUILT CABLNS AND
DWELLINGS IN DESIGNATED RURAL AREAS OF BUTTE COUNTY ("K" CODES) -
CONTINUED TO •LATER IPI THE MEETING
Discussion of proposed building code for limited ownerbuilt
cabins and dwellings in designated rural areas of Butte County held at
this time.
Chairman Lemke felt that despite his personal feels, the
admonition from Public Works and the Building Department that they
should try this. In reviewing the proposed regulations, there are judgment.
factors.
Supervsior Winston stated there was certainly a division in
attitude relative to the code. He did feel that perhaps the code should
only be for owner builfl dwellings, The code could read owner occupied:.
Chairman Lemke stated his concern was the letter from the
Energy Commission relative to stricter requirements. Both the `$"
requirements and the energy requirements came out of Sacramento.
Clay Castleberry, public works director, stated they were
issuing building permits under the code today far building on piers.
Al Appelman spoke regarding the proposed code. He did not
feel it fit what it was suppose to fit. The purposes of the regulations
is to provide for single family dwellings. He did not see where it was
low cost housing. There is no use of recycled material in the proposed
regulations. The proposed regulations require a septic tank. Compose
toilets will work just as well. It will not cause contamination. He did
not think that the way this regulation was written would help a person
build their own home. There is a provision for five acre minimum acreage.
Maybe this should be 2-1/2 acres. He felt a lower permit fee should be
charged,
RE Discussion was continued to later in the meeting.
RECESS: 9:52 a.m.
RECONVENE: 10:05 a.m.
PUBLIC HEARING: BETTY ANDERSON - PETITION FOR VARIANCE TO SECTIONS 19-LO
AND/OR 19-12 OF THE BUTTE COUNTY CODE FOR PLACEMENT OF A MOBILE HOME ON
AP 56-07-33, BOX 112F, COHASSET STAGE,_CHTCO AREA. ZONING: "TM~-5"
The public hearing on Betty Anderson petition for variance to
Sections 19-10 and/or 19-12 of the Butte County Code for placement of a
mobile home on AP 56-07-33, Box 112F, Cohasset Stage, Chico area, zoning:
"TM-5" was held as advertised.
Page 387.
November 18, 1980
80-
November 18,-1980.- -- -----__ _-__
Lynn Vanhart, environmental health. director, set out the
background of the .petition. Tt is in order.
Hearing open to the public. Appearing: No one.
Hearing closed to the public and confined to the Board.
1798
On motion of Supervisor Wheeler, seconded liy Supervisor Dolan
and unanimously carried, the petition for variance to Sections 19-10 and/or
19-12 of the Butte County Code for placement of a mobile home on AP 56-07-33,
Box 112F, Cofiasset Stage, Chico area, zoning: "TM-5" for Betty Anderson
was approved for a period of one year.
PUBLIC HEARING: ALICE BAMFORD - PETITION FOR VARTANCE TO SECTIONS 19-10
ANA/OR 19--12 OF THE BUTTE COUNTY CODE FOR PLACEMENT OF A MOBILE HOME ON
AP 25-17-050, ROUTE 2, BOX 2417, COX LANE_,.PALERMO AREA, ZONING: "A-5"
The public hearing on Alice Bamford petition for variance to
Sections 19-10 and/or 19-12 of the Butte County Code for placement of
a mobile home on AP 25-17-050, Route 2, Box 2417, Cox Lane, Palermo area,
zoning: "A-5" was held as advertised.
Lynn Vanhart, environmental health director, set out the background
of the petition. It is in order.
Hearing open to the public. Appearing: No one.
Hearing closed to the public and confined to the Board.
1799
On motion of Supervisor Winston, seconded by Supervisor Moseley
and unanimously carried, the petition for variance to Sections 19-10 and/or
19-12 of the Butte County Code for placement of a mobile home on AP 25-17-050,
Route 2, Box 2417, Cox Lane, Palermo area, zoning: "A-S" for Alice
Samford waa approved for a period of one year.
ADOPT RESOLUTION 80-244: PUBLIC HEARING: WY'E~NDOTTE AVENUE TSLAND ANNEXATION
TO THE CITY OF OROVTLLE
The public hearing on the Wyandotte Avenue island annexation to
the City of Oroville was held as advertised.
Bill Turpin, planning department, set out the background of the
annexation. This has been approved by LAFCo. They received a letter of
protest from Mr. Olson. LAFCo made specific findings that this area was
an island and the whole island was included in the proposed annexation.
The exclusion of Mr. Olson's property would preclude making of the necessary
findings. He set out Mr. Olson and Mr. Gibson's property on the map.
Hearing open to the public. Appearing:
1. Elie Thomas. Mr. Thomas stated he was also speaking for
Mr. Gibson. They are both opposed to the annexation to the City of
Oroville. If the matter was placed on the ballot for a vote 80 to 90
percent of the geople living in the area would be opposed to the annexation.
The city has been trying to take this area for over two years. He felt
that if they were annexed, he would spend every dollar he had to see that
those voting for this were recalled. He pays $5.00 per month for fire and
hookup to the North Burbank sewer, He wculd still have to pay this amount.
2. Bill Geddis. Mr. Geddis stated that he started the original
petition. The annexation was proposed in 1978 as a small portion of the
,current proposed annexation. Through the efforts of LAFCo, the area was
lenlarged. His client would like annexation for sewer and city services.
Page 388.
November 18 ,1980
80-
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•__-____=-===November-18,-1880. ________________
There are several mobile homes in the area. The city worked out something
for the area that would allow. the mobile homes to stay.
Mr. Turpin stated the annexation as approved by LAFCo is the
same as submitted by the City of Oroville. The boundaries were not changed
by LAFCo. The boundaries in their present configuration was done because
this is an island receiving city services witfiout any return to the city.
3. Dave 3enkins,„ city administrator, stated the city received
requests for annexation in this area. The city boundaries surround three
sides of this island. The city wanted to make sure the zoning was
compatible with tfie existing zones. The Council made efforts to be sure
that any proposed city zoning would allow the people to retain the mobile
homes in the area. The reason for the larger area is that the city, in order
to allow mobile homes, had to zone a larger area. There is a•need for
ten acre minimum zones. There are drainage concerns in this area. There
is a small business area that could benefit by the city. When the fire
and police units respond to a call the lines are jagged. It is difficult
for many to figure what is in the city and what is not. The .average
homeowner would pay about $60 per unit for fire service taxes. The
commercial properties pay between $125 to $320 for fire protection. If
this area were annexed, those fees would be eliminated. North Burbank
Utility District would grovide the sewer services in this area. The
annexed properties would not be required to pay the taxed indebtedness
for the city sewer. They would be required to pay the utility tax. He
felt the utility tax would be comparable to the fire tax that is now
big paid in this area.
Mr. Jenkins did not feel there would be any added cost to
the residents that come into the city. He felt the city could serve the
people of this area productively high level of fire and police protection.
They could assist in redevelopment of the area. The city chose to ask the
Board to hold the hearing instead of the council. They are a class 4
city relative to fire protection, The area currently is a class 6 area.
There will be a slight benefit for fire insurance. People were concerned
during the meetings held relative to zoning. The feelings by the people
were that the city had not made enough contact with the residents.
Hearing closed to the public and confined to the Board.
1800
On motion of Supervisor Winston, seconded by Supervisor Dolan
and carried, the Wyandotte Avenue island annexation to the City of
Oroville was approved; Resolution 80-244 was adopted and the Chairman
authorized to sign. AYES: Supervisors Dolan, Wheeler, Winston and
Chairman Lemke. NOES: Supervisor Moseley.
ADOPT RESOLUTTONS 80-245 &.:RESOLUTION 80-246: SOUTH OROVILLE ASSESSMENT
DISTRICT DETERMINATION OF PUBLIG CONVENIENCE AND NECESSITY AND HEARING OF
PROTEST ON THE RESOLUTION OF INTENTION AND THE ENGINEER'S REPORT
The public hearing on South Oroville Assessment District
determination of public convenience and necessity and hearing of
protest on the resolution of intention and the engineer's report was
held as advertised.
Gerald Lively, deputy administrative officer, set out the
background of the area. This district is being formed with the South
Oroville ditch project.
Bob Brunsell, bond counsel, stated this project is being funded
,by FHA through a grant and loan. Under the regulations relative to the
iloan, it is necessarytn have improvement bonds. The property owners will
Page 389.
November 18, 1980
80-
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______--=====November-18,-19-80. ________________
not pay the assessments. xt is necessary for the Board to open the hearing.
If there are no protests, it will be necessary for the Board to .find
the determination of public convenience and necessity.
Hearing open to the public. Appearing: No one.
Hearing closed to the public and confined to tiie Board.
On motion of Super~sor Winston, seconded by Super~sor Moseley
and unanimously carried, the following resolutions relative to South
Oroville Assessment District were adopted aid the Chairman authorized to
sign:
1. Resolution 80-245 finding and determining that the public
convenience and necessity require the construction of the improvements.
2. Resolution 80-246 approving the engineer's report and
assessment and ordering improvement.
~*
1801
AWARD BTD: SOUTH OROVILLE STORM DRAIN PROJECT N0. 25505E-80-1
Gerald Lively, deputy administrative officer, set out the
bid opening held for the South Oroville Storm Drain Project No. 25505E-80-1.
There were eight bids received with the low bidder being Dexter Rodger
of Proberta. The low bid was $348,712 with an alternate bid of $398,932.
The $348,712 is for the project as originally conceived. This is for
the filling of the existing WPA ditch. :The .alternate bid includes additional
drainage requested by Public Works that would drain an additional area
and is not necessarily in connection with the WPA ditch.
Clay Castleberry, public works director, stated there is another
drain that runs diagonally through the property just on the side of Ithaca.
It was their proposal that this drainage also~be given the same treatment.
It is desireable from a community standpoint. It is mostly developed
property.
Mr. Lively stated this would involve three additional parcels.
It does effect the financing. If the Board took the base bid and ignored
the alternative bid there would be sufficient funds for the project and
contingency. If the Board accepted the alternative and ignored the
contingency, the project could also be funded. This would mean that
if there is a change order, they will have to come in on an individual
basis and askefor an appropriation of funds from some other source.
They could provide the base bid and the alternative, if there were an
additional $17,000 appropriated for contigencies.
Supervisor Dolan stated the sources of funding for the contingency
or change order would have to be the reserve. The major source of
funding is FHA grant combination with loan that allows the county to
achieve the project because it is in the Community Development Block
Grant area. One of the projects is the WPA ditch funded by FHA and the
other is ceonnected because it is in the same area. Otherwise, it would
be a different project.
Mr. Castleberry stated it was a good price for the additional
work, if the county could afford it. They estimated $376,000 for the
base bid. Many times the estimate is more than is available. The base
bid was $348,000. He hoped the alternative project could be done.
The project would be for the community benefit. It isn't causing
major problems. They would never get the work done at the same price.
He did not feel they could do the work unless the work were done in
conjunction with the WPA project. The flooding is minimal on the street.
Page 390. .
November 18, 1980
Nov_e:nher_l8, 7.9$0. _ _ _ _ _ _
- - - - _
80-
'S
1802
On motion of Supervisor Winston, seconded by Supervisox Dolan
and carried, the bid for the South Oroville storm drain Project No.
255-5E-80-1 was awarded to Dexter Ro{iger of Proberta in tfie amount
of $348,712 on the basis of the base bid-with the recommended contingency
only. AYES: Supervisors`Ifialau TdTieeler, Winston and Chairman Lemke.
NOES: Supervisor Moseley,
RECESS: 10:44 a.m.
RECONVENE: 11:0.2 a.m.
MOTION OF INTENT; PUBLIC HEARING: ,705EPH BRAVER AND YORK AND BURNETT
BOURGEOIS - APPEAL OF ADVISORY AGENCY'S CONDITIONS 8 & R ON TENTATIVE
PARCEL MAP, 14 LOTS, AP 55-37-33, 34 & 36, PROPERTY' LOCATED ON THE SOUTH
SIDE OF WAYLAND ROAD. WEST OF FOESTER ROAD, PARADISE AREA
The public hearing on Joseph Brauer and York and Burnett
Bourgeois appeal of Advisory Agency's conditions 8 and 9 on tentative
parcel map, 14 lots, AP 55-37-33, 34 and 36, property located on the
south side of Wayland Road, west of Foster Road, Paradise area was held
as advertised.
Clay Castleberry, public works director, set out the background
of the appeal. This is a division of some 14 lots that are 20 acres in
size. The present subdivision ordinance requires subdivision approval.
He did not believe that paved roads were as necessary for 20 acre parcels
as for smaller parcels. If any of the parcels are ever ddvided, then
the roads should be paved. At the present time, he felt the requirements
should be RS-7.
Hearing open to the public. Appearing: Gary Lippencott,
representing the applicants. There are 13 lots. Two would have to be
combined because of the soil conditions. The property is bounded on
the north by Paradise, on the east by Hamlin and on the west by the
canyon. Ta the south is a previously filed division of nine lots of
40 acres each. The property is about one mile long. It is typical of
the foothill area. These are areas of exposed lava. Because of the
terrain further division of the northern parcels would probably be
at last five acres in size and to the south he did not see the allowing
of d~"visions. There would be 32 lots maximum in this area. He was
looking to whether the interpretation of divisions of 20 acre parcels
was a subdivision or parcel map standards. Because of Counsel's opinion
the Advisory Agency is requiring subdivision standards on these divisions.
He felt this sould be considered a parcel map and parcel map standards
should be used. The cost for the current standards would be $450,000
or $35,000 per parcel for the road alone. His proposal is the use
of RS-8-LD standards, which is parcel map standard. This would be a 20
foot wide graveled road. The westerly road is presently existing and
has been there for many years. There are ..:portions of the easterly road
that have been there for many years.
The school bus turnaround at Wayland and Foster would not be
effected. It would be improved with the RS-B-LD--TI standards. He is
also being required to pursue five acre type zoning. Five acre parcels
are still fairly large parcels. He felt a paved type road would be
acceptable if the parcel sizes were 2-1/2 to one acre in size. These
axe not. There would be road maintenance agreements on the parcels.
Del Siemsen.,deputy county counsel, stated it was his understanding
this appeal was for the exception to design standards. Itz~?would be
necessary for Mr. Lippencatt to file an exception to design standards with
the Advisory Agency. The subdivision ordinance requires that an application
be made.
Page 391.
Novemlier 18, 1980
s' ~'
November 18, 1980
80-
$.
On motion of Supervisor Lemke, seconded by Supervisor Moseley
and unanimously carried, a motion of intent was made to uphold the
appeal of Joseph Brauer and York and Burnett Bourgeois of Advisory
Agency's conditions 8 and 9 on tentative parcel map, AP 55-37-33, 34 and
36, 14 lots, property located on the south side of Wayland Road, west of
Foster Road, Paradise area and that RS-B-LD-IT standard be used and
that a condition be placed on the map that further divisions require
complete review of road standards as they are applied for and that
the required application for exception to the design standards be applied
for.
The hearing was continued to November 25, 1980 for final
determination by the Board.
PUBLIC HEARING LOWELL KING - APPEAL OF ADVISORY AGENCY~S CONDITION 9
(MEET THE REQUIREMENTS OF THE BUTTE COUNTY FIRE DEPARTMENT) ON TENTATIVE
PARCEL MAP, AP 61-32-80, TWO LOTS, PROPERTY LOCATED ON THE NORTH SIDE OF
BEAN CREEK ROAD AND EAST SIDE OF BALD ROCK ROAD AT THEIR INTERSECTION,
BALD ROCK AREA
The public hearing on Lowell King appeal of Advisory Agency's
condition 9 (meet the requirements of the Butte County Fire Department)
on tentative parcel map AP 61-32-80, two lots, property located on the
north side of Bean Creek Road and east side of Bald Rock Road at their
intersection, Bald Rock area was held as advertised.
1803
Clay Castleberry, public works director, set out the background
of the appeal.
Hearing open to the public. Appearing: Lowell King. Mr.
King stated condition 4 requires afire flow of 200 gallons per minute
for five minutes which means 5,000 gallons. The soil is not conducive
to a pond or pool. There are concrete septic tanks available £or
$425 each which contain 1,250 gallon tanks. There would be a need
for four tanks to meet the requirement at a cost of $1.750 £or the tanks.
It would cost about $300 for a backhoe to do the work for these tanks,
making a total cost of about $2,000. There is a well on the property that
only pumps eight gallons per minute. It would take 10-1/2 hours to fill
the four tanks. He asked that the requirement be deleted.
Hearing closed to the public and confined to the Board.
On motion of Supervisor Winston, seconded by Supervisor Moseley
and carried, the appeal of Lowell King to condition 9 on tentative parcel
map, AP 61-32-80, two lots, property located on tfie north side of Bean Creek
Road and east side of Bald Rock Road at their intersection, Bald Rock area
was upheld; the condition was deleted; and a note to be placed on the
map that it does not meet all requirements of tfie Butte County Fire
Department. AYES: Supervisors Moseley, Wheeler Winston and Chairman Lemke.
NOES: Supervisor Dolan.
ADOPT ORDINANCE 2160: PUBLIC HEARING: DARRELL DUENSING - PROPOSED NEGATIVE
DECLARATION AND APPEAL OF DENIED REZONE FROM "A-10" (AGRICULTURAL - 10 ACRE
PARCELS) TO "SR-1" (SUBURBAN RESIDENTIAL - ONE ACRE PARCELS), PROPERTY
LOCATED ON THE WEST SIDE OF NORTH GRAVES AVENUE AT BUTTE AVENUE, IDENTIFIED
AS AP 39-31-07.
The public hearing on Darrell Duensing proposed negative
declaration and appeal of denied rezone from "A-10" (agricultural - LO
acre parcels} to "SR-1" (suburban residential - one acre parcels),
property located on the west side of North Graves Avenue at Butte Avenue,,
identified as AP 39-31-07 was held as advertised.
1804
Page 392.
November 18, 1980
80-
3
_ November 1S, 1980
Bettye Blair, planning director, set out the background of the
appeal. Action must be taken on this appeal before January 18, 1981.
Earl Nelson, envixonmental review director, set out the background
of the negative declaration. The net result of the change would be to
allow the property to be divided in half. Tfiere are implications for the
rest of the neighborhood. Tt would appear tHat if this property were
rezoned then other properties ane in line for change. These are not
large number of parcels ar acreage.
Discussion of the hearings to be held before the Planning
Commission relative to the green line in Chico held at this time. The
Planning Commission will be holding hearings the first of the year,
Ms. Blair stated the Commission has not yet been informed when
the hearing. for the Chico area will be held. She has not been notified
when this would come up. There will be nothing on this matter until after
the first of the year.
Hearing open to the public. Appearing:
1. Cal Bachman, representing Mr. Duensing. Mr. Bachman stated
this is a subdivision that has been out there for several years. There is
three-fourths of the subdivision in "SR-1" zoning. There are really
three large parcels on the west side of North Graves and everything else
is small. The request is for a two-acre parcel to be zoned "SR-1" zoning.
He realized there could be nonconforming parcels in a zone. He felt that
all the parcels in the subdivision should be "SR-1" zoning. He did not
feel this would set a precedent. The majority of the "A-10" zoning, other
than the existing subdivision, is in orchards. These parcels are ten
acres or more. There would be two homesites on this property. There
is ane existing home. He could not see any impacts.
Supervisor Winston was concerned about this because the county
is relatively close to considering the whole issue and reaching agreement
on the green line location. He felt they should wait until the public
hearing has been held on the entire situation.
Mr. Bachman was concerned that the grocess for establishment
of the green line might take six months or two years. He felt it was
unfair for Mr. Duensing to have to wait this length of time. This property
is smaller than the ten acre minimum in the present zone.
2. Beverly Chambers. Ms. Chambers stated there were small
parcels on North Graves. There is one home on the property currently
and this would allow a second home. She felt it was advantageous to the
neighborhood. She was in favor of the rezone.
Chairman Lemke stated the Board had received a letter from
Michael Pearlman opposed to the rezone,
3. Robert Benning. Mr. Benning stated he felt the property
on North Graves was gone as £ar as agriculture 30 to 40 years ago.
He would like to see the rezone approved. He presented a letter from
people in favor of the rezone.
4. Nina Lambert. Ms. Lambert spoke in opposition to the rezone.
This area that was zoned "A-10" was to act as a buffer for agriculture.
She felt a buffer was important if they weee to maintain agriculture to
the west. Drawing the green line behind this property would be asking
!for problems of additional requests that involve 5, 10 and 15 acre parcels.
Page 393.
November 18, 1980
80-
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_ _ _ _ November 18, 19.80
She felt that the other alternative to+rezoning might be for a use permit
to allow a second dwelling.
5. Tom McCready, Chico 2600. Mr. McCready stated Chico 2000 was
opposed to the rezone. He felt this might lie precedent setting.
6. Cal Bachman stated there are several parcels that are just
small on that portion of the area. They are not one acre parcels only.
There were some neighbors farming the area that were not oposed to the
rezoning. He did not feel the rezone would be detrimental to the
neighborhood.
Hearing closed to the public and confined to the Board.
Supervisor Dolan felt the best course of action would be to
continue this matter until the hearings on the Chico area changes and.
proposed green line come forward to the Soard. This area is zoned and
there were many reasons why this was included in the "A-10" zoning
even though it is nonconforming. Most of the small parcels discussed
were across the street.
It was moved by Supervisor Dolan, seconded by Supervisor Winston
that the hearing be continued to January 13, 1981.
Supervisor Moseley disagreed with the continuance.
Chairman Lemke stated that if the green line were drawn behind
this property, there were only two more allowable lots to split to one
acre parcels. If the Board were to postpone a decision on this matter
until the green line has been considered, he felt Mr. Duensing could come
in and request his money back. Mr. Duensing has paid for a hearing and
the rezoning.
Supervisor 'Wheeler stated the Board depended on the land use
element of the General Plan. The General Plan designates this area
as low density residential. The proposed rezone~lis low density residential.
This side is already developed into predominantly one acre zoning. She did
not feel that the green line would make that much difference in this area.
Vote on motion:
AYES: Supervisors Dolan and Winston
NOES: Supervisors Moseley, Wheeler and Chairman Lemke.
Motion failed.
It was moved by Supervisor Dolan, seconded by Supervisor Winston
that the rezone for Darrell Duensing be denied.
AYES: Supervisors Dolan and Winston.
NOES: Supervisors Moseley, Wheeler and Chairman Lemke.
Motion failed,
On motion of Supervisor Wheeler, seconded fiy Supervisor Moseley
and unanimously carried, finding the proposed project could not have a
significant effect on the environment, a negative declaration was
recommended.
On motion of Supervisor Wheeler, seconded by Supervisor Moseley
and .carried, the appeal of Darrell Duensing was upheld; the rezone from
Page 394,
November 18, 1980
80-
1805
_ _ _ November 18, 1980- _ _ _
"A-10" Cagricultural -~10 acre parcels). to "SR-1t° (suburban residential -
~ne acre parcels), property located on the dtest side. of North. Graves Avenue
at Butte Avenue, identified as AP 39-3107 was approved finding the
project is in conformance with the General Plan and Land Use Element;
Ordinance 21b0 was adopted and the Chairman authorized to sign. AYES:
Supervisors Moseley, Wheeler and Chairman Zemke. NOES: Supervisors Dolan
and Winston.
DISCUSSION OF PROPOSED BUILDING CORE FOR LI27TTED OWNERBUILT CABINS AND
DWELLINGS TN DESIGNATED RURAL AREAS OF BUTTE COUNTY C"K" CODES)
Discussion of proposed building code far limited ownerbuilt
cabins and dwellings in designated rural areas of Butte County ("K" codes)
was held as continued from earlier in the meeting.
Bob Boyden stated that many people agree that something should
be done about the American building codes, with the shortage of homes
and the increased costs. The State of California has recognized that the
building codes cause excessive costs and have made a move in the right
direction. Each county is to write their version of the code as it
meets their needs.
~~*
1806
1807
SUPERVISOR WHEELER ABSENT AT THIS TIME
Mr. Boyden stated this results is a simple code. He discussed
the draft code that is only five pages long. It contains the mechanics
to avoid legal problems. There is a need for more public exposure and
corrections to perfect it.
Al Appelman felt that this was a very nice presentation. There
are certain things that should be taken into consideration. The purpose
of the regulations is to provide minimum requirements. He wondered why
the committee proposes five acre minimums.
SUPERVISOR WHEELER PRESENT AT THIS TIME
Mr. Appelman felt that the sanitation portion of this draft did
not show alternatives to the flush toilet. Compost toilets can be built
for as little as $300C~with no contamination at a11. These are used on
boats and in foreign countries. There must be the use of recycled material.
He felt that someone~:~who wants to live this alternative way should be
on the committee. He felt the Chico Alternative Technicians should be
involved in this process also.
A public hearing date of 3anuary 27, 1981 at 7:00 p.m. was
set for consideration of the proposed building code for limited ownerbuilt
cabins and dwellings in designated rural areas of Butte County.
APPEARANCE: BERNICE STANHOPE
Ms. Stanhope asked if there was anything people could do to
help get the green line established on the west side of Chico.
Ms. Stanhope was advised that people interested in land use
should attend the public hearings held by the county and participate.
It was felt there should be no committee formed to consider this matter.
APPEARANCE: EVELYNE POST
Ms. Post stated she had a problem with Nate Thomson relative
to harassment on Munjar Road. She would like to get something done. This
road goes through the Savico Ranch. Mr. Castleberry has written a letter
relative to this matter. The gate has been taken down. There are now
speed bumps on the road. She would like to know who owns the road.
Page 395.
November 18, 1980
80-
b
1808
_ November 18,-1380. ---------------
- The matter was referred to Fublic Works and County Counsel for
a written report as to the ownership of tha-road to be brought back to
the Board November 25, 1980.
APPEARANCEt ROBERT HUSKEY
Mr. Huskey was concerned with a parcel map they were about to
have checked-and recorded. They requested a time extension for filing
the map. They were two days late in asking for the extension. He asked
that the Board grant an extension.
Referred to County Counsel for a report back to the Board.
1809
RECESS.: 12:59 p.m.
RECONVENE: 1:12 p.m.
PUBLIC HEARING: DAN HAYS, JAY D. PLUMMER AND VERNON D. MC GRADY - APPEALS
OF CONDITIONS ON TENTATIVE PARCEL MAPS ON THE EAST SIDE OF COHASSET HIGHWAY
ACROSS FROM CHICO MUNTCTPAL AIRPORT,_ CHICO AREA
The following public hearings were held as advertised:
1. Dan Hays appeal of Advisory Agency's condition 16 on tentative
parcel map, AP 48-01-19, four parcels, property located on the east side
of Gohasset Highway across from Chico Municipal Airport, Chico area.
2. Jay D. Plummer appeal of Advisory Agency's condition 15 on
tentative parcel map, AP 48-01-09, four parcels, property located on the
east side of Gohasset Highway across from Chico Municipal Airport, Chico
area.
3. Vernon D. McCrady appeal of Advisory Agency's condition 16
on tentative parcel map, AP 48-01-10, four parcels, property located on
the east side of Gohasset Highway across from Chico Municipal Airport,
Chico area.
CHAIRMAN LEMilE ABSTAINING FROM THE HEARING. VICE CHAIRMAN MOSELEY PRESIDING.
Earl Nelson, environmental review director, set out the
background on the mitigation measures. These projects do involve some
environmental concerns, which include drainage, conflict with the Airport,
fire protection and sewage disposal.
Hearing open to the public. Appearing: Dan Hays. Mr. Hays
stated ail three of these divisions are under the parcel map conditions.
These are three separate owners. The only thing jointly is the road. One
of the requirements is to dedicate 40-foot of right-of-way on Gohasset
from the southwest portion to the middle of the upper 40 acre parcel which
comes to 2.9 acres of dedication. The right-of-way was appraised at
$116,000 worth of gift. He felt this was reasonable. They were allowed
nine useable and saleable parcels from one to tfiree acres. Mr. Hays
read Section 66411.1 of the Subdivision Map Act at this time. This section
refers to reasonable offsite improvements. They have created nine parcels.
He did not feel that the Fire Department conditions were reasonable.
He requested service from California Water Service, which includes a
12-inch main and fire hydrants, This would require 8,000 feet of pipe to
provide the services and the Fire Department indicates 22 fire hydrants
are needed. The estimated cost for this is $275,000. With the right-of-way
and the cost for Toads would amount to $43,400 for each parcel. The fire
requirement alone is $30,000 per parcel. He did not feel this was reasonable.
The Public Utility Commission states that parcels adjacent to public
water services can and shall be serued. The Plummer and McCrady property
are 1/4 mile away. The upper parcel is 350 feet away from the water service.
Page 336.
November 18, 1980
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SUPERVISOR WHEELER ABSENT AT THTS TIME
Supervisor Dolan asked 'Mr. Nelson i£ he knew 22 hydrants would
be a factor relative to mitigation measure 4~4 regarding fire protection
facilities.
Mr. Nelson stated in the previous- checklist there was some
indication of the Fire Department of different requirements. Tf the
fire requirement is changed there are still some type of mitigation measure.
If the Board feels fire protection is not a significant impact then the
checklist should be changed. The ultimate development of the'1~I-1" zoning
could have some type of fire concern. Tt is useful to have some type of
fire protection whether by this requirement or some other. There are other
concerns also in addition to the fire concerns.
SUPERVISOR WHEELER PRESENT AT THIS TIME
Hearing closed to the public and confined to the Board.
Hearing opened to the public. Appearing:
1. Arlen Cartwright, fire department. Mr. Cartwright stated
he did not come to discuss this matter but to report back to the Fire
Chief. The Fire Department recommended six inch fire hydrant for 300 feet
with 2,000 gallons per minute for a period of two hours. He had to
make the assumption the department felt that the land use would be one of
significant commercial interprise and the spacing of the hydrants are
greater than residential areas.
Mr. Hays stated that they offered at the time of the Advisory
Agency hearings to make as a condition of the map that any building on
the property would require a sprinkler system. They had proposed wells
on these parcels. At the time of construction wells for not only domestic
drinking water but for sprinklers if there were flammable material. Three
years ago he proposed to give to the county one acre on the northern part
of his property for a Fire Aepartment, The county did not want this property.
The offer is still open.
Hearing closed to the public and confined to the Board.
Supervisor Wheeler did not think that was a reasonable condition.
Supervisor Dolan stated conditions could not be put on building
permits. She was sure that if the Fire Department was asked, they would
feel the condition was reasonable. It will be developed for industrial
uses.
On motion of Supervisor Wheeler, seconded by Supervisor Winston
and carried, finding although the proposed project could have a significant
effect on the environment, there will not be a significant effect in this
case because the mitigation measures described.he]_oar.have been added to
the project, item 414 on the checklist was changed from maybe to no, and
a negative declaration was accepted:
1. Drainage from the portion of the parcels sloping toward Cohasset
Road is to fie channeled by means of an underground storm drain system
and tie into the existing culverts near parcels 1 and 4, the northeast
portion of the Plummer property, and into the existing open channel
which feeds into Sycamore Creek on the southwest portion of parcel 4
(McCrady property).
2. A statement is to be placed on the final map stating the parcels
Page 397.
November 18, 1980
80-
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(a) lie near the 55-60- CNEL (Community Noise Equivalent Level)
contour (Hays}
(b} fall within the 55-60 CNEL contour (Plummer)
(c) fall within the 60-65 CNEL contouz (McGrad}. radiating
from the airport and may be subject to aircraft noise.
3. To facilitate traffic movements and improve traffic safety:
(a} A left turn lane is to be installed near the common line
of the McCrady and Plummer parcels.
(b) A one foot no access strip is to be enforced along the
Cohasset Road frontage except for the access roads at the
north end of the Hays parcel and between the McCrady and
Plummer parcels.
4. Meet the minimum requirements of the Subdivision Ordinance for
sewage disposal on each parcel.
On motion of Supervisor Wheeler, seconded by Supervisor Winston
and carried, the appeals on the following were upheld and the conditions
deleted on the maps:
1. Dan Hays appeal of the Advisory Agency's condition 16 on
tentative parcel map, AP 48-01-19, four parcels, property located on the
east side of Cohasset Highway across from Chico Municipal Airport, Chico
2. Jay D. Plummer appeal of Advisory Agency's condition 15 on
tentative parcel map, AP 48-01-09, four parcels, property located on the
east side of Cohasset Highway across from Cfiico Municipal Airport, Chico
3. Vernon D. McCrady appeal of Advisory Agency's condition 16
tentative parcel map, AP 48-01-10, four parcels, property located on
east side of Cohasset Highway across from Chico Municipal Airport,
co area..
Supervisors Moseley, Wheeler and Winston
Supervisor Dolan
AINiNG: Chairman Lemke
LEMKE PRESENT AT THIS TIME
181/
CESS: 1:34 p.m.
CONVENE: 2:45 p.m.
.-and Mrs. Carl A. Hermann, Chico. Mr. and Mrs. Hermann write appealing
the Advisory Agency's condition 11 on tentative parcel map,
AP 42-34-82, four parcels, property located on the west side of
Bay Avenue, approximately 1,600 feet north of Shasta Avenue,
Chico area. Set for December 9., 1980 at 10:30. a.m.
Driscoll and Associates, Oroville. The engineers, on behalf of
Robert Johnson, appeal the Advisory Agency's condition 7 on
tentative parcel map, AP 41-24-13 and AP 41-28-01, nine parcels,
property located on the east side of Oregon Gulch Road at old
school house, Cherokee area. (PTione call has been received asking
for withdrawal°of appeal). Matter withdrawn.
Page 398.
November 18, 1980
80-
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_ November l8, 19$0.
Chureh of the '!New Name," Inc. The church.wr%tes appealing the draft
environmental impact-report and use permit to allow a.church
building with chapel, classrooms, tieing area and printing
room in an °AR'F {agricultural residential zone, AP 36-05-76,
92 and 43, property Located on the east side of Oakvale Avenue
between Crane and Tucker Avenues, east of Orovlle. Set for
hearing December 9,, 19.80 at 10:45 a.m.
James Machine Shop, Oroville. The firm writes requesting that their two
lots at the corner of Lincoln and Wyandotte Avenues be withdrawn
fxom the annexation by the City of Oroville CWyandotte Avenue
island annexation. Handled earlier in the meeting.
R. E. Boyden, Oroville. Mr. Boyden writes forwarding information with
regard to minimum dwellings in rural areas. Handled earlier
in the meeting.
Gladys Leggett, Sacramento. Ms. Leggett writes in opposition to the
Byron King proposed rezone that is set for hearing on November 25,
1980 at 10:30 a.m. To be considered at the time of the hearing.
Jim Amerson, Red Bluff. Mr. Amerson writes concerning continued burials
at the Durham Cemetery affecting a member of his family. Referred
to County Counsel for answering.
City of Biggs. The city forwards its resolution authorizing county
officers to cancel any and all portions of taxes, penalties and
costs where such have been levied on behalf of the city and such
levies were illegal or erroneous. Information; no action taken.
City of Gridley. The city forwards its resolution authorizing county
officers to cancel any and all portions of taxes, penalties and
costs where such have been levied on behalf of the city and such
'.levies were illegal or erroneous. Information; no action taken.
Tom Rogers, Paradise. Mr. Rogers writes concerning the need to pxeserve
agricultural Land in the county. Information; no action taken.
Albright & Scheuler, attorneys at law. The attorneys, on behalf of
Bobby G. Faggard, file a claim in the amount of $50,000 as a
result of alleged damages sustained as a result of a purported
illegal search. See motion following communications.
Josef Feltner, attorney at law. The attorney, on behalf of Nick Nichols,
files a claim for damages and expenses as a result of an alleged
false arrest on or about August 1, 1980. See motion following
communications.
Donahue and Callaham, attorneys at law. The attorneys, on behalf of
Randall C. Mullnix, file a claim in the amount of $1,000,000
as a result of alleged injuries and damages incurred in an
automobile accident in Chico on August 10, 1980. See motion
following communications.
Law Offices of Mart & Ordas, Inc. The attorneys, on behalf of Julie Ielati,
file an application for leave to present a late claim and a claim
for personal injuries as a result of alleged injuries and damages
as a result of an automobile accident occurring in Oxoville on
November 6, 1979. See-motion following communications.
Page 399..
November 18, 1980
'~: ti ~
80-
3
_ _ _ _N_ov_ember_18t 1480 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Y - - - - - - '~' - _ .~ - - - - - -
Butte County Cbi1d Abuse Steering Committee. The committee writes
forwarding information concerning their support of Senate
Bill 14. Administrative Office to acknowledge letter.
County Counsel to prepare synopsis.
City of Chico. The city forwards its Ordinance No. 1408 approving a
redevelopment plan for the Soutfieast Chico Redevelopment Project.
See discussion following communications.
County of Contra Costa. Supervisor Sunne Wright McPeak writes forwarding
information and invites the county FS participation in the
development in a joint exercise of powers- agreement dealing
with new water and water conservation plans. Administrative
Officer to telepfione and advise tfie Board has a previously
scheduled meeting for that date.
State. Public Utilities Commission. The commission writes forwarding
information in•follow-up to an earlier letter by the Board
wherein concern was expressed over lifeline allowances for
well pumping. Information; no action taken. Louis Camenzind,
Jr. to receive a copy of the letter.
State Department of Water Resources. The department forwards information
concerning a public meeting to review the draft environmental
impact report included in the recently published plan of protection
for the Suisun marsh. Information; no action taken.
California Energy Commission. The commission writes forwarding information
on proposed new energy conservation standards for new residential
buildings and includes a summary of 17 back-up technical reports.
Discussed; no action taken. .
Bureau of the Census. The bureau forwards the preliminary population
count (143,150) and the preliminary housing count (61,154)` for
Butte County. Referred to Planning Department 6br a report back.
George and Rosemary Forester, Forest Ranch. Mr, and Mrs. Forester appeal
the proposed negative declaration and the Planning Commission's
denial of rezone from "TM-40" Ctimber mountain - 40 acre parcels)
to "TM-20" (timber mountain -- 20 acre parcels, property located
on both sides of Doe Mill Road, approximately 2-1/2 miles south
of Schott Road, identified as AP 63-02-67, 68 and 69, southeast
of Forest Ranch. Set for hearing December 16, 1980 at 2:00 p.m.
MHM Inc., Marysville. The engineers, on behalf of MGN Farms, Inc., appeal
conditions 1 and 5 on tentative parcel map, AP 41-19"=17, 41-20-02,
09, 11, 40, 51 and 41-23-08, l2 parcels, east side of State Highway
99 and south side of State Highway 149, south of their intersection
fronting on both half way between Chico and Oroville. Set for
hearing December 16, 1980 at 2:15 p.m.
Dorothy Kern, Chico. Mrs. Kern writes appealing the Advisory Agency`s
conditions 4 and 11 on tentative parcel map, AP 43-01-50, four
parcels, north side of W 12th Street between Fern Avenue and
Holly Avenue, Chico area. Set for Bearing December 16, 1980
at 2:30 p.m.
Do- R. ~ROge-t'; Chico. The engineer, on behalf of Edward Phillips, appeals
the Advisory Agency's condition 1 on tentative parcel map,
AP 30-35-69, three parcels, east side of 14th Street between
Grand Avenue and Biggs Avenue in Thermalito area. Set for Bearing
December 16, 1980""at 2d~~§-p.sr~.
Page 400.
November 18, 1980
80-
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1811
lslz
1813
1814
___ November 18, 1980. ____ ____~~_____
Kobert M. Huskey, Oxoville. The engineer, on Befialf of Ansel Pfeffer, appeals
the proposed negative declaration and the Advisory Agency's
denial of tentative parcel map, AP 73-22-~28, three parcels,
south. side of 'Marysville La Porte Road, one--half plus miles
west of Clipper Mills, Clipper 2'lills area. Set for hearing
December 16, 1980 at 3:0.0 p,m,
Robert M. Huskey, Oroville. The engineer, on behalf of Rose Kings, appeals
the proposed negative declaration and Khe Advisory Agency's
denial of tentative parcel map, AP 2723-60, four parcels, 2,100
feet southeast of intersection of Bangor Park Road and Honcut-
Wyandotte, Bangor area. Set for hearing December 16', 1980 at
3:30 p.m.
Joseph Arcoraci, Chico. Mr. Arcoraci writes appealing the Advisory Agency's
condition 6 on tentative parcel map, AP 44-48-10 and 13, four
parcels, at Esplanade and Tonea intersection, northeast side,
Chico area. Set for hearing December 16, 1980 at 3:45 p.m.
REJECT CLAIM - BOBBY G. FAGGARD
On motion of Supervisor Winston, seconded by Supervisor Moseley
and unanimously carried, the claim of Boliby G. Faggard in the amount of
$50,000 as a result of alleged damages sustained as a result of a purported
illegal search was rejected and referred to County Counsel and Risk
Management Coordinator.
REJECT CLAIMS - NICK NICHOLS AND RANDALL C. MULLNiX
On motion of Supervisor Winston, seconded by Supervisor Wheeler
and unanimously carried, the following claims were rejected and referred
to County Counsel and Risk Management Coordinator:
1. Nick Nichols claim for damages and expenses as a result of
an alleged false arrest on or about August 1, 1980.
2. Randall C. Mullnix claim in the amount of $1,000,000 as a
result of alleged injuries and damages incurred in an automobile accident
in Chico on August 10, 1980.
DENY APPLICATION FOR LEAVE TO PRESENT A_L_ATE-CLAIM -- JULIE IELATI
On motion of Supervisor Winston, seconded by Supervisor Moseley
and unanimously carried, the application for leave to present a late
claim by Julie Ielati for personal injuries as a result of alleged injuries
and damages as a result of an automobile accident occurring in Oroville
on November 6, 1979 was denied and referred to County Counsel and Risk
Management Coordinator.
DISCUSSION: REDEVELOPMENT PLAN BY THE CITY OF CHICO FOR THE SOUTHEAST CHTCO
Discussion of the redevelopment plan for the Southeast Chico
gent Project by the City of Chico held at this time.
Chairman Lemke stated there have been some identifiable costs
made know relative to the redevelopment plan. The breakdown shows the
the amount due and what the county will lose if the property tax were
taken at $25 per year cost in Butte County. There will be a cost to
the county for police and fire and other services that would require some
kind of compensation to the county which would also include welfare,
courts and Juvenile Ha11. At this point, ,the county collects a specific
amount of taxes on undeveloped area. In 19.80-81 the county collected
$251,000, of that Butte Countyfs share was $150-,000.. This is a $IO
million redevelopment bond issue of about 10. percent of the total $100,000
allowable. The city is excercisitig the first $IO million for the
Page 401.
November 18, 1980
November 18, 19.80
80-
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*** 1815
1816
redevelopment area. Anything in that target area will be fixed as far
as January 1, 19.81 and will be-$156,000.to the county from now on through
the period of the bond issue which is generally 15 years. During that time,
any improvements within tfiat target area, tfie increase in tax increments
goes to the redevelopment agency. At the present time, the county's
per capita costs for operation in the propert taxes are around S$25 per year.
The actual cost is $23.69. per year in property taxes, He felt the county
should be looking at asking the redevelopment agency for the difference
between the $150,000 and the $23.69 per fiead as a contrifiution toward
county services. These are allowable charges.
He felt the county needed to fie firm in requesting the difference
from the redevelopment agency. The city would not have to reimburse the
county because of where they are in the process. The county would have
the ability or reasoning t~iat possibly the notice wasn't as effectively
carried out by the city in development of the redevelopment agency as it
could have been. Short of going to court, the county has no claim at the
present time. The county will not be caught this way again. The
county will be looking for these agencies. Chairman Lemke felt there was
a good chance of getting the difference from the city.
Clif Nickelson, administrative officer, stated that the revenue
the county will be receiving at this point is $150.,000. He proposed that
at least they could receive a check at the end of the year of $23.69 for
each additional person taksng up residence in the planned area.
Another argument that can be used is that the city when they negotiated
and agreed at that time the division of the money would be on a 40-60 basis.
The 40 percent would be for the city and the 60 percent for the county.
He felt that would probably be a little more than the $23.69 per person.
As the area is developed to the full potential of 19,000, there would
be a population increase of over 11 percent on the tax figures. When
there is 11 percent increase, they must have something for services.
Gerald Lively, deputy administrative officer, stated he had
met with the City of Oroville relative to a redevelopment area for them.
They would be working on the Oroville downtown area, which is probably
closer to a redevelopment area.
Chairman Lemke stated that he did not want people to think a
redevelopment agency was for the cleanup of a blighted area. A
redevelopment area presently on the books has to do with financial
mechanisms. The findings by the local agency could be the area is
undeveloped because of conditions in the area and no services.
FOR DECEMBER 23 1980
There will be no Board meeting on December 23, 1980.
PUBLIC HEARING DATES PREVIOUSLY SET CHANGED FROM DECEMBER 23, 1980
On motion of Supervisor Dolan, seconded by Supervisor Moseley
and unanimously carried, the following public hearing dates were changed
from December 23, 1980 to the following dates:
1. Minute order 80-1782, Resolution 80-238 setting a public
hearing date of December 23, 1980 at 10:30 a.m. for consideration of
Jnhn Gamby abandonment of public utilities and recreational easement,
Paradise Pines Country Club Estates, Unit 2, Lot 42 was changed to
December i6, 1980 at 1:45 p.m.
2. Minute order 80-1782 Resolution 80-239 setting a public
hearing date of December 23, 1980. at 10:30. a.m. for consideration of
Anthony Batista abandonment of public utilities easement, Lot 109, Paradise
Pines Unit 14 was changed to Deidemiier 16, 1980 at 1:45 a.m.
Page 402.
November 18, 1980
Novemhez 18, 1880
80-
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1817
1818
3, Minute order 80-1785, Resolution 80-24Q.setting a public
hearing date o~.December 23, 19.80 at IOOO a:~m. for consideration of the
formation of County Service Area 77 (Walnut Wood Streetlighting District)
and County Service Area 78 CFTdodside Streetlighting District) was changed
to December 16, 19.80; at 1:45 p.m.
ADDITIONAL 27ATTERS PRESENTED BX BOARD MEMBERS
Chairman Lemke stated the Board fiad received a copy of the
vehicle accident report from the Risk Management Coordinator relative to
the SheriffTS Department.
The Board received a copy of the responses by Bob Crisan, Welfare
Airector, relative to family support services proT5lems.
A report from the Agricultural Commissioner on subvention funds
was received as information.
A compilation relative to Measures A and B on the November
ballot was received by the Board.
The Board has received a letter from the Administrative Office
relative to the election on the Peripheral Canal and the costs involved
in the special election.
Letter to be sent to the Governor asking that a special election
not be called for consideration of Peripheral .Canal issue.
The Board received a letter from the Retarded Association and
and memo relative to the Durham Memorial Hall employee who has apologized.
Administrative Office given the letter from CSAC relative to
the roster of commissions for inclusion in the CSAC mailing lists.
Letter from Laurie Lenie relative to the revenue from SB 12464
received for information; no action taken.
Letter from Richard Campion relative to the Paradise Library
given to Administrative Office~to be referred to Librarian.
SET PUBLIC HEARING DATE
On motion of Supervisor Winston, seconded by Supervisor Moseley
and unanimously carried, finding the facts are presented giving good and
sufficient reason why the condition in question was not appealed within
the fifteen-day period being that due to either a misunderstanding or
misinformation the appellants were unaware of the parcel sizes; the hearing
date set for November 25, 1980 at 11:45 a.m. for consideration of Mrs.
Thomas Staley appeal of parcel size to meet Health Department requirements
and appeal of the Advisory Agencyrs condition 9 on tentative parcel map,
AP 36-44-04, two parcels, property located an the south side of Oro-Garden
Ranch Road, west of Inglewood Drive, Oroville area per minute order 80-1747,
November 4, 1980 was rescinded and a public hearing date of December 9,
1980 at ll:45 a.m. was set for consideration of the appeal of the
proposed negative declaration and approval of the tentative parcel map
on the above parcel map.
E~CUTIVE SESSION: The Board recessed at 9:32 p.m. to hold an executive
session regarding litigation.
RECONVENE: The Board reconvened at 4:01 p.m. following an executive
session regarding litigation.
Page 403.
.November 18, 1980
Noyemb.ex 18, 19-80
so- 181s
5
AUTHORIZE COUNTY C0~7PIS;EL TO k'ILE LA~IS.UITS' ON ZONING y1OL$TIONS FOR ROBERT
REED FRANK' FLO~iIO 'AND ,7'QHN BACK
On motion'of Supervsior Wheeler, seconded by'Supervisor Dolan
and unanimously carried', County Counsel was authorized to file lawsuits
regarding the following zoning violatiori~mattexs:
Robert Reed
Frank Florio
John Bac£L
RECESS: The Board recessed at 4:02 p.m, to reconvene on Thursday,
Novembex 20, 1980 at 4:00 p.m. in the Chico City Council Chambers.
* * * * * November 20, 1980. * *
1820
1s21
RECONVENE: The Board of Supervisors reconvened at 4:OOr!~p.m, in the Chico
City Council Chambers pursuant to recess. Present: Supervisors
Dolan, Moseley, Wheeler and Chairman Lemke. Clif Nickelson,
administrative officer; Dan Blackstock, county counsel; and
Clark A. Nelson, county clerk, by Nancy Wilsbn, deputy clerk.
Absent: Supervisor Winston.
ADOPT RESOLUTION 80247 HONORING JUDGE MORONY
On motion of Supervisor Wheeler, seconded Ey Supervisor Dolan
and carried, Resolution 80-247 honoring Judge Morony was adopted and the
Chairman authorized to sign,
JOINT MEETING WITH CTTX OF CHICO COUNCIL RE: CHTCO REDEVELOPMENT AREA
The joint meeting with the Chico City Council regarding the
redevelopment area was held at this time.
Mayor Evans set out the request of the Board to'meet with the
Council relative to the Southeast Chico Redevelopment Project.
Chairman Lemke set out the concerns of the county relative to
the project area. The redevelopment area will generate additional
residences which will be within the county. This would directly effect
the ability of the county to provide services. The Board was concerned
about the possibility of the redevelopment area contributing to the
county costs involved in those services. AYZproposed agreement has been
presented to the Council. There was an approximate figure of $23.69 per
capita with regard to property taxes, which is a breakdown of the costs.
Various department within the county will be effected.
Dan Blackstock, county counsel, stated there would be an
increase of $6.00 per resident as additional compensation for the
library purposes only.
Chairman Lemke stated the $6.00 would be for bonded indebtedness.
He felt the lines of communications should remain open. There is a direct
cost to the county with no income for the services required. He would like
to see the completion of the Bruce Road loop included in the redevelopment
area plans.
Fred Davis, city manager, stated other districts, such as
CARD, Chico Unified School District, Mosquito Abatement District, Housing
Authority and other agencies, have expressed concerns.
Jim Johansen, auditor, set out the computation of the $23.69
figure. The City of Chico receives •2-1/2 to 3 percent of the county-wide
taxes. The schools receive the largest share.
Page 404.
November Z0 1980