HomeMy WebLinkAboutM112580November 25, 1980
STATE OF CALIFORNIA )
SS.
COUNTY OF BUTTE )
g0_ The Board of Supervisors met at 9:00 a.m. pursuant to adjournment.
~ Present: Supervisors Aolan, Moseley, Wheeler and Chairman Lemke. C1if
Mickelson, administrative officer; Dan Blackstock, county counsel; and
Clark'A. Nelson, county clerk-recorder, by Nancy Wilson, deputy clerk.
Absent: Supervisor Winston
Pledge of Allegiance to the Flag of the United States of America
Invocation by Supervisor Moseley
1822 CONTINUID TO DECEMBER 2 1980 APPROVAL OF i~LCNUTES
Continued to December 2, 1980 the approval of minutes of the
ovember 18 and 20, 1980 minutes.
.1823 RIVE SECOND READING OF ORDINANCE 2161: SALARY ORDINANCE AMENDMENT - SHERIFF'S
EPARTMENT
' On motion of Supervisor Dolan, seconded by Supervisor Wheeler and
carried, the second reading of salary ordinance amendment was waived; Ordinance
i61 salary ordinance amendment - Sheriff's Department adding three additional
eputy sheriffs to patrol division was adopted and the Chairman autk~orized
to sign.
1g2G. AiVE SECOND READING OF ORDINANCE 2162: SALARY ORDINANCE AMENDMENT
On motion of Supervisor Dolan, seconded by Supervisor Wheeler and
arried, the second reading of salary ordinance amendment was waived; Ordinance
'~~:- 162 salary ordinance amendment adjustment to CETA participants and other
ourly rated workers to conform to new minimum wage requirement of $3.35 per
ous and revising some staffing levels was adopted and the Chairman authorized
to sign.
1825 UTHORIZE USE OF CETA FUNDS TO GRAVEL FUEL PUMP STORAGE AREA AT U. S. FOREST
ERVICE BRUSH CREEK WORK CENTER
On motion of Supervisor Moseley, seconded by Supervisor Wheeler and
arried, the use of CETA funds to gravel the fuel pump storage area at U. S.
orest Service Brush Creek work center for a total of $2,675 with job to be
one by Butte County Public Works as part of CETA Title VT project was
uthorized.
-1826 CCEPT CETAC RECOMMENDATION TO SUBMIT PREAPPLICATION FOR 1982 CETA PRIME
PONSORSHIP
On motion of Supervisor Wheeler, seconded by Supervisor Moseley
nd carried, the CETAC recommendatian to submit preapplication to Department
f Labor, not later than December 8, 1980, for federal fiscal year 1982 for
ETA prime sponsorhip was accepted; and the Personnel Director authorized to
182 7
On motion of Supervisor Wheeler, seconded by Supervisor Dolan and
rried, the~zreroofing of residence ~~3, 2267 Del Oro Avenue, at a cost of
,500 was authorized.
WINSTON PRESENT AT THIS TIME
1828 ~UTHORIZE PURCHASE OF VACUUM CLEANERS -BUILDING AND GROUNDS MAINTENANCE
On motion of Supervisor Wheeler, seconded by Supervisor Dolan and
unanimously carried, the purchase of three vacuum cleaners for the Building
and Grounds Maintenance Department for $555, with budget transfer 8-58 to
provide appropriation, was .authorized.
Page 406.
November 25, 1980
November 25, 1980
80-- 182
a
ADDITIONAL ITEM
Supervisor Winston stated he wanted to show a no vote on the
salary ordinance amendment for the Sheriff's Department handled earlier
in the meeting.
1830 AWARD BID OF FIRE TRUCKS TO FMC - VAN. PELT
On motion of Supervisor Wheeler, seconded by Supervisor Dolan
and unanimously carried, the bid for-the purchase of two 1,000 gallon per
minute fire pumpers for the County Fire Department as approved in the
budget,. >: to FMO - Van Peit of Oakdale in the amount of $188,014.32
was awarded.
183'.
AUT[IORIZE PURCHASE OF E UIPMENT FOR SHERIFF" S DEPARTMENT
On motion of Supervisor Moseley, seconded by Supervisor Wheeler
and carried, the purchase of six patrol sedans, $54,000; six mobile radios,
$10,800; six sirens; $3,000;, six light bars, $3,000; six walkie-talkies,
$9,000; and six protective screens,, $960, budget transfer B-54 provides
for necessary budgetary appropriation, for the Sheriff's Department was
'authorized.
(AYES: .Supervisors Dolan, Moseley, Wheeler and Chairman Lemke
~'iNOES: Supervisor Winston
PENALTY ABATEMENT REQUESTS APPROVED AND DENTED
T On motion of Supervisor Winston, seconded by Supervisor Wheeler
and unanimously carried, the following penalty abatement request§ be:.approved:
.Donald N. and Diane P. Leen, AP 012-13-4-004-0
Donald J. and Linda D. .Phillips, AP 045-69-0-034-0
Bruce J. and Anida Zeldorf, AP 055-13-0-072-0
James D. Anderson, AP 036-Z0-0-012-0
June E: Ronan, AP 029-14-3-001-0
the following penalty abatements requests were denied:
John J. and Alice W. Hutchins
1833 WAIVE SECOND READING AND ADOPT ORDINANCE 2163 RE: STANDARDS AND TRAINING OF
LOCAL CORRECTIONS AND PROBATION OFFICERS PROGRAM
On motion of Supervisor Moseley, seconded by Supervisor Dolan
and unanimously carried, the second reading of ordinance was waived; Ordinanc e
2163 setting forth the Standards and Training of Local Corrections and Pro-
. bation Officers Program as established by State Board of Corrections as part
of implementation of Senate Bill 924 was adopted and the Chairman authorized
to sign.
18
APPROVE BUDGET TRANSFERS
On motion of Supervisor Dolan, seconded by Supervisor Wheeler and
unanimously carried, the following budget transfers were approved:
B-48 - Suualemental Manvower Program. This is a $4,383,260 trans-
fer increasing the appropriation in the CETA budgetary accounts for fiscal
year 1981 in accordance with notices of fund availability which have been
receivedo Income is from unanticipated revenue - Manpower Revenue Sharing.
Within Title II B and C increases the appropriation for classroom training
(special department expense) $448,812; within-OJT, increases the appropriation
to contributions to other agencies, $310,000; within adult work experience,
increases the appropriation to extra help, $360,000, employee benefits,
$13,000 and special department expense, $b2 ,000; within youth work experience,
increases the appropriation for extra help, $95,000, employee benefits,
$3,500 and special department expense, $1b ,500.
Page 407.
November 25, 1980
80-
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November 25, 1980
Within Title II D, increases the appropriation for special department
expense, $207,739 and contributions to other agencies, $1,750,000.
Withia Title IV YCCIP, increases the appropriation for special
department expense, $6,609 and contributions to other agencies, $40,000.
Within Title IV XETP, increases the appropriation for extra help,
$368,000, employee benefits, $18,000 and special department expense, $49,218.
Within Title IV Public Service Employment, increases the approp-
riation for extra help, $37,000, employee benefits, $2,000, special department
expense, $4,000, contributions to other agencies, $30,000 and rents and leases
of equipment, $2,000;•;.witfiin projects increases the appropriation for extra
help, $497,882, employee benefits, $28,000, safety equipment, $5,000,
maintenance of equipment, $2,000, special department expense, $20,000, rents
and leases of equipment, $3,000, transportation and travel, $2,000 and
contributions to othex agencies, $2,000.
B-49 - Housing and Community Development Grant. This is a $2,300
budgetary transfer between various line items to provide the necessary
budgetary appropriation to cover the payment to Matson and Isom for the
HCD program audit and is within the Department of Housing and Urban Develop-
ment grant guidelines.
B-50 - Agriculture. Establishes the budget for the Agriculture
pesticide use 1980-81 grant as approved by the State of California, Depart-
ment of Food and Agriculture as follows: salaries and wages, $12,250;
employee benefits, $3,681; maintenance of equipment, $325; transportation and
travel, $4,000; and equipment, $9,260. Total amount of the grant is $29,516
with funding coming from the stake.
B-51 - Sheriff - Services Division. Transfers $445 from fixed
assets - equipment to office expense in order to transfer the budgetary
appropriation for the purchase of 40 metal file trays which were inadvertently
classified as fixed assets in the budget and should have been classified as
office expense items.
B-52 - District Attorney. Transfers $2,389 from jury and witness
fees; with $2,000 going to maintenance of equipment to cover the cost of
converting the investigators radios to~the Sheriff's frequency, $290 to
special department expense for hand gun reimbursements pursuant to the
Personnel Rules, and $99 to fixed assets - equipment to cover an existing
deficiency in the equipment account.
B-57 - Fire Protection. Transfers $5,280 from fixed assets -
equipment to special department expense to correct the budgetary classification
of 16 air cylinders which were included as equipment items in the final budget
and should have been classified as special department expense items.
5-58 - Buildin and Grounds Maintenance. Transfers $555 from major
maintenance to fixed assets - equipment in order to cover the cost of the
purchase of three heavy duty vacuum cleaners needed to maintain newly install-
ed carpeting.
On motion of Supervisor Dolan, seconded by Supervisor Wheeler and'
carried, the fallowing budget transfers were approved:
B-54 - Sheriff - Patrol Division. Transfers $117,390 from the
reserve; with $23,832 going to regular salaries-and wages, $10,248 to
employee benefits, $2,550 to clothing and personal supplies and $80,760 to
fixed assets - equipment. The purpose of this transfer is to cover the cost
in providing three additional deputy sheriff positions, uniforms and equipment.
Yaga~ 408.
November 25, 1980
November 25, 1980
80. B-56 - Public Works. Transfers $7,660 from the reserve; with $5,696
~ going to regular salaries and wages and $1,864 to .employee benefits in order
to provide the necessary funding for the addition of a vehicle service worker
to the Public Works budget.
AYES: Supervisors Dolan, Moseley, Wheeler and Chairman Lemke
NOES: .Supervisor Winston
1835 DENY MERIT INCREASE AND RANGE ADJUSTMENTS FOR COMMUNITY ACTION AGENCY
EICECUTIVE DIRECTOR
On motion of Supervisor Winston, seconded by Supervisor Moseley
and carried, the merit increase and range adjustment for the Community
Action Agency Executive Director was denied.
AYES: Supervisors Moseley, Wheeler and Winston
NOES: Supervisor Dolan and Chairuean Lemke
183 DENY LOW INCOME ENERGY ASSISTANCE PROJECT - COMMUNITY ACTION AGENCY
There was a motion by Supervisor Dolan, seconded by Supervisor
Wheeler to approve the low income energy assistance project contract and
authorize the Chairman to sign.
James McNaughton, executive director of Community Action Agency,
set out the backgorund on the low income energy assistance project. ADFC
recipients would be paid through their regular checks, others would be
mailed direct. He did not apply for the grant, it is a 2~ month grant.
He felt even with Board approval it would be the end of January before
final approval would be received from the State. He hesitates to speak
against grants.
Supervisor Dolan withdrew her motion.
On motion of Supervisor Dolan, seconded by Supervisor Wheeler
and unanimously carried, the low income energy assistance project contract
was not accepted.
183 APPROVE VARIANCE RENEWAL - JIM V. MCCUSKER
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 47-06°009,
.Route 4, Sox 479, Cana Pine Creek Road, Chico area for Jim V. McCusker
was approved.
183 ADDITIONAL ITEM
Supervisor Winston reported he had received a telephone call over
the weekend regarding a dead horse on private property. He notified Animal
Control and Lynn Vanhart in Environmental Health. The caxcass was removed
within one hour. He has written a letter to thank them.
APPROVE PUBLIC WORKS ITEMS
On motion of Supervisor Wheeler, seconded by Supervisor Winston
and unanimously carried, the following Public Works items were approved:
1. The Peter Bradley tentative parcel map (Dunstone Oaks Subdivision)
submitted two deeds to correct problem on Dunstone Drive and Bangor Park Road,
property located 300 feet east of Dunstone Drive on Cox Lane to the property
line, with access on Dunstone Circle,.AP 27-23-57 and 28-27-153 and 157,
Honcut area; the grant deed to the county for a right-of-way was accepted;
the quit claim deed from the County of Butte to the applicant was approved
and the Chairman authorized to sign the quit claim deed-and grant deed.
2. Approved the final Lindo West Subdivision Map, AP 43-021-02,
ro erty located on the south side of Lindo Avenue and the Cussick Avenue
~ritlpge, Chica-area; accepted g~agte-i~09ee right-of-way for Dixon Street,
November 25, 1980
80-
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November 25, 1980
Sagebrush Court and Silverhill Court and Lindo Avenue; accepted the ease-
ments granted for light and air; accepted easement for public utility
purposes (including water, sewer,..drainage, electric, gas and communication
facilities-}; and authorized the Chairman to sign the subdivision agreement.
3. Adopted Resolution 80-248 setting a public hearing date of
January 6, 1981 at 10:00 a.m. for consideration of renaming of county roads
in Paradise address area (Pulga Road) and authorize the Chairman to sign.
4. Authorized the refund of monies collected in the Sacramento
Avenue Assessment District for storm drain fees;_bonds have been sold for
work within the district and proceeds from the bonds cover the entixe cost
of the storm drain installation within the district.
5. Waived the first reading of an ordinance establishing speed
limit of 25 miler per hours on: Floral Avenue (from East Avenue to the
north end), Ceres Avenue (from East Avenue to the north end), .and North
Avenue (from East Avenue to the north end).
6. Approved the conveyance of water lines to California Water
Service - Meyers Street Assessment District ~kl and authorized the Chairman
to sign.
7. .Approved agreement with PG&E to provide for the operation,
maintenance and furnishing of power and agreement for furnishing and
installing the luminaires for streetlights on Table Mountain Boulevard
Bridge; the City of Oroville has agreed to pay.for electrical power after
installation of the lights; and authorized tkee Chaii^mari to sign.
8. Awarded the bid for operation of the Butte County Intercity
Transit System to David L. Kamp in the amount of $17.50 for vehicle service
hour.
CONTINUE TO DECEMBER 2, 1980 - CLOSED HEARING FOR JOSEPH BRAUER AND YORK
AND BURNETT BOURGEOIS
Continued to December 2, 1980 the closed hearing for Joseph Brauer
and York and Burnett Bourgeois appeal of Advisory Agency's Conditions 8 and
9 on a 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.
1841 IN SUPPORT OF CONFERENCE REGARDING "K" HOUSING
On motion of Supervisor Dolan, seconded by Supervisor Wheeler
and unanimously carried, the Board is in support of a conference regarding
the "K" housing in Butte County under the direction of Raleigh Berger.
1842 SET PUBLIC HEARING DATES
1. A public hearing date of January 6, 1981 at 10:30 a.m. was
set for consideration of the Butte County Planning Commission rezone (item
on which an environmental impact report was previously certified) from "A-2"
(general), "M-1" (light industrial) and "A-40" (agricultural - 40 acre
parcels)~to "A-160" (agricultural - 160 acre parcels), "A-40" (agricultural -
40 acre parcels), "SR-3" (suburban residential - 3 acre parcels), "SR-1"
(suburban residential - 1 acre parcels), "S-R" (suburban residential), "A-SR"
(agricultural - suburban - residential), "RT-1-A" (minimum density residential
trailer), "RT-1" (minimum density residential - mobile home), "R-1" (single
family residential), "P-Q" (public, quasi public), "C-2" (general commercial),
"L-I" (limited industrial), "M-1" (light industrial) and "M-2" (heavy
industrial), for most of the unincorporated portions of the area bounded
generally by Rock Cxeek on the north, Highway 99 on the west, Sycamore Creek
on the south and Land Conservation Act agreements on the east, identified
Page 410. November 25, 1980
80-
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November 25, 19$0
as AP Books 44, 47 and 48.
2, A public hearing date of January 6, 1981 at 10:15 a.m. was
set for consideration of the Alex Harmon rezone (item not subject to environ-
mental review) from "A-R" (agricultural - residential) to "AR-MEi" (agricultural
residential - mobile home), property located south of Lower Wyandotte Road,
one mile east of Upper Palermo Road, identified as AP 36-31-75, 97, 104 and
105, 27-04-12, 18 and 22, southeast of Oroville.
ADOPT RESOLUTIONS 80-249 80-250 80-251 80-252 AND 80-253
On motion of Supervisor Winston, seconded by Supervisor Moseley
and unanimously carried, the following items were approved:
1. Adopted Resolution 80-249 setting a public hearing date of
January 6, 1981 at 10:00 a.m. for the L. A. Thompson abandonment of public
utilities easement and recreational easement in Paradise Pines Unit 15,
Lot 94; and the Chairman authorized to sign.
2. Adopted Resolution 80-250 setting a public hearing date of
January 6, 1981 at 10:00 a.m. for Holiday Pools abandonment of public
utilities and recreational easement,.Paradise Pines Country Club ~F4,.Lot
109; and the Chairman authorized to sign.
3. .Adopted Resolution 80-251 setting a public hearing date of
January 6, 1981 at 10:00 a.m. for the William Green abandonment of public
utilities easement,-Paradise Pines ~k4, Lot 122; and the Chairman authorized
to sign.
4. Adopted Resolution 80-252 setting a public hearing date of
January 6, 1981 at 10:00 a.m. for Powers Construction abandonment of public
utilities and recreational easement, Paradise Pines ~~14, Lot 203; and the
Chairman authorized to sign.
18
5. Adopted Resolution 80-253 setting a public hearing date of
December 16, 1980 at 10:00 a.m. for the dissolution of County Service
Area 53 (Upper Ridge Fire); and the Chairman authorized to sign.
REFERRED DAN AND CATHY JENKS ZONING TO "R-3", AP 044-33-0-016-0, PROPERTY
LOCATED ON BURNAP AVENUE BETWEEN EATON ROAD AND LASSEN AVENUE, CHICO TO
PLANNING DEPARTMENT TO INITIATE ZONE CHANGE
Supervisor Wheeler reported to the Board on the Dan and Cathy Jenks
request concerning changing their zoning to "R-3" for AP 044-33-0-016-0,
property located on Burnap Avenue between Eaton Road and Lassen Avenue,
Chico at this time.
Supervisor Wheeler stated Mr. Jenks hadt. thought his property
would be changed at the time surrounding properties were rezoned to "R-3".
The property is currently zoned "SR". She would like therBoard to direct
Planning staff to do the rezone for him. He wasn't given the proper information
at the time it was previously rezoned. She would like staff to study the
five parcels including Jenks and come back with a report before the final
hearing.
On motion of Supervisor Wheeler, seconded by Supervisor Dolan and
unanimously carried, referred to the Planning Department fora study regard-
ing the Dan-and Cathy Jenks property,-AP 044-33-0-016-0, and five surrounding
parcels; Planning to initiate a zone change to "R-3 ."
COMMUNICATIONS
Butte County Personnel Appeals Commission. The commission forwards its
recommendation to the Board with regard to appeals by Child
Page 411.
November 25, 1980
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November 25, 1980
Protective Service workers in the Welfare Department. See motion
following communications.
Thermalito Irrigation District. The district forwards its resolution waiving
property tax revenues and future annual increments of property tax
revenues generated within the Thermalito West II annexation to
the city of -0roville. Information; no action taken.
Chico Eastside Little League. J. F. Giander, president, writes requesting
that the Board waive the $60 boundary modification map fee as
part of the Little League's project to adjust the perimeter
dimensions of their property located south of Chico.- See motion
following communications.
Golden E'eather Community Association. Howard A. Clark, chairman, writes
requesting the Board censure the Administrative Officer for his
actions. Administrative Officer extended his sincere apology
to Lt. Grey and Scott Mac Kenzie.
S. Volpe, attorney at law. The attorney, on behalf of J. C. Plummer
and Company, files a claim in the amount of $500,000 as a result
of alleged damages arising out of an accident occurring August 20,
1980 at the freeway interchange of State Route 99 and the Skyway,
Chico. See motion following communications.
1846
Butte County Barristers Association. Robert A. Glusman, acting president,
writes requesting the Board undertake a comprehensive evaluation
of public defender services. Consideration of Public Defender
Contract to be held December 9, 1980 at 1:30 p.m.
State Department of Transportation. The state writes forwarding information
concerning proposed meeting with Southern Pacific and Amtrak
residents as it relates to rerouting of Amtrak through Butte
County. Information; no action taken.
State Department of Transportation. The department writes in follow-up to
the Board's letter with regard to the proposed freeway route
rescission of Highway 99 north of Chicoo .Public Works Director
to write Caltrans asking why in Tehema County the same section
of road is being improved.
itate Department of Transportation. The department writes forwarding
information concerning rescinding of the freeway route adoption
of State Route 99 north of Chico and of the county's interest
in purchasing one or more of the properties for park, open space,
recreation, low or moderate income housing, or other purposes.
See motion following communications.
rtment of California Highway Patrol. The department forwards information
concerning their using a new notice to appear document that may
impact the workload of the county court system. Information; no
action taken.
'ERRED. TO PERSONN$L..pIR,ECTOR. FOR .REPORT BACK' OlV ACTION:,%'0•;BE TAKEN ERGARD-
r CHILB'~PROTECTIVE_ SERVICE.:WORKERS 'IN WELFARE, DEPARTMENT.
On motion of Supervisor Dolan, seconded by Supervisor Moseley and
inimously carried, referred to Personnel Director the letter from the
ae County Personnel Appeals Commission as to what action to take.
Bob Potter, staff representative for BCEA, pointed out the
1 rules do not set out standard pay provision for the Child Protective
Page 412.
November 25, 1980
November 25, 1980
80- Service workers compensation. He would like the Board to request or order
~ Mr. Crisan to convert back to -the old system until the meet and confer issue
has been taken care of. The personnel rules do not provide for an
administrative head to make policy changes. He felt the issue was over no
standby pay provision. Mr. Potter presented excerpts .from the personnel
rules to the Board members.
The matter was referred to County Counsel and Counsel sit dawn
with BCEA and their representative, Personnel Director and Welfare Director
to bring back a recommendation to the Board.
1$4 APPROVE WAIVER FEE FOR CHICO EASTSIDE LITTLE LEAGUE BOUNDARY LINE MODIFICATION
MAP
On motion of Supervisor Winston, seconded by Supervisor Wheeler
and unanimously carried, the fee waiver of $60 for the Chico Eastside Little
League boundary line modification map was approved.
1848 REJECT CLAIM OF WILLIAM S. VOLPE ON BEHALF OF J. C. PLUMMER AND COMPANY
On motion of Supervisor Winston, seconded by Supervisor Wheeler
and unanimously carried, the claim submitted by William S. Volpe, on behalf
of 3. C. Plummer and Company in the amount o£ $500,000 as a result of alleged
damages arising out of an accident occurring August 20, 1980 at the freeway
interchange of State Route 99 and the Skyway, Chico was rejected and referred
to Counsel and Risk Management Coordinator.
1849 PUBLIC WORKS DIRECTOR TO WRITE LETTER TO CALTRANS RE: PURCHASING LAND BACK
FROM THE STATE AT SAME PRICE ACQUIRED AND ACQUIRE'.STRs OF LAND ALONG
GARNER LANE, CHICO
On motion of Supervisor Wheeler, seconded by Supervisor Dolan
and unanimously carried, the Public Works Director is to try to acquire
a strip of land approximately 10 acres along Garner Lane and to express
the concerns of individuals that convey to the State of California properties
and would like to acquire them back at the original price through a letter
to Caltrans was authorized.
RECESS: 9:50 a.m.
RECONVENE: 10:10 a.m.
SUPERVISOR WINSTON ABSENT.AT THIS TIME
1850 PUBLIC HEARING: ADOPT RESOLTUION 80-254 -ABANDONMENT. OF PUBLIC UTILITIES
EASEMENT. LOTS 72, 73 AND 47,.PARADI5E PINES UNIT N0. 15
The public hearing on the William Gallion abandonment of public
utilities easement on Lots 72, 73 and 47, Paradise Pines Unit No. 15 was
held as advertised.
Bettye Blair, planning director, stated the application was in
order.
Hearing open to the public. Appearing: No one.
SUPERVISOR WINSTON PRESENT AT THIS TIME
Hearing closed to the public and confined to the Board.
On motion of Supervisor Moseley, seconded by Supervisor Dolan and
unanimously carried, Resolution 80-254 on William Gallion abandonment of
public utilities easement on Lots 72, 73 and 47, Paradise Pines Unit No. 15
was adogted and the Chairman authorized to sign.
Page 413.
November 25, 1980
«!;,:
November 25, 1980 _ _ _ _ _ _
g0- 1851 SET HEARING DATE TO CONSIDER GENERAL PLAN AMENDMENT FOR MARCH l7, 1981 AT
~ 10.00 A.M.
Discussion was held regarding setting a hearing date to consider
amendments to the General Pian at this time.
Bettye Blair, planning director, set out the background of her
memo to the Board regarding the General Plan amendments coming forward
from the Planning Commission. The Gridley-Biggs and south Chico projects
are Y.eady for hearing. Ms. Blair stated at the last General Plan amend-
ment hearing there was confusion because several were considered during one
hearing.
A public,.hearing date of March 17, 1981 at 10:00 a.m. was set for
consideration of General Plan Amendments. This is the only hearing to be
scheduled for that date.
PUBLIC HEARING: TERRY CROSS APPEAL OF CONDITION ~k13 ON TENTATIVE PARCEL
MAP, AY 71-35-18, FOUR LOTS, PROPERTY LOCATED 1,300 FEET SOUTH OF BALD ROCK
ROAD WEST OF ROCKERFELLER ROAD INTERSECTION BALD ROCK AREA
The public hearing on Terry Cross appeal of Advisory Agency's
condition ~~13 on a tentative parcel map; AP 71-35-18, four lots, property
located 1,300 feet south of Bald Rock Road, west of the Rockerfeller Road
intersection, Bald Rock area was held as advertised.
Clay Castleberry, public works director, posted a map on the
board. He set out the fire condition. This appeal_was~n processing
when the moritorium went into effect.
Hearing open to the public. Appearing:
1. Mike Evans, representing applicant. Mr. Evans stated it
was fire condition ~~15 not ~k13. The Applicant lives less than two minutes
from the Berry Creek Fire Station.
Hearing closed to the public and confined to the Board.
On motion of Supervisor Winston, seconded by Supervisor Moseley
and carried, the appeal of Terry Cross condition ~~15 an a tentative parcel
map, AP 71-35-18, four lots, property located 1,300 feet south of Bald Rock
Road, west of Rockerfeller Road intersection, Bald Rack area be upheld.
AYES: Supervisors Moseley, Wheeler, Winston and Chairman Lemke
NOES: Supervisor Dolan
1$53'' PUBLIC HEARING: ADOPT ORDINANCE 2164, BUTTE COUNTY PLANNING COMMISSION
CHANGE DEFINITION OF "PARKING SPACE" TO ELIMINATE CONFLICTS WITH PROVISIONS
OF THE "OFF STREET'PARRING ORDINANCE"
The public hearing on the Butte County 'Planning Commission change
of 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) was held as advertised.
Bettye Blair, planning director, set out the reason for requesting
the change, The existing ordinance provides for a specific size of 10x20,
the change would extend the size within the existing code.
Hearing open to the public. ,Appearing: No one,
Hearing closed to the public and confined to the Board.
On motion of Supervisor Dolan, seconded by Supervisor Winston and
unanimously carried, Ordinance 216+ changing the definition of "parking
Page 414.
November 25, 1980
November 25, 1980
80- space" to eliminate conflicts with provisions of the "Off Street Parking
3 Ordinance" (item determined to be categorically exempt from environmental
review) was adopted and the Chairman authorized to sign.
1854 APPOINT SUPERVISOR WINSTON AS ALTERNATE FOR LAFCO MEETING
Supervisor Winston was appointed as alternate for the LAFGo meet-
ing as Supervisors Moseley and-Dolan will be absent.
1856
18571
18581
ADDITIONAL ITEM
Chairman Zemke stated he had received a memo from Bi11 Turpin
on their action at BCAG concerning 2853. They will carry the bill forward when
they consider the General Plan amendments.
RESCIND ACTION OF NOVEMBER 18, 1980 MEETING RE: APPEALS ON CONDITIONS OF
TENTATIVE PARCEL MAPS
Discussion was held regarding the memo from Cathy Pitts, assistant
clerk. to the Board, on three appeals set for hearing which were after-the
15-day appeal time.
On motion of Supervisor Dolan, seconded by Supervisor Moseley and
unanimously carried, the hearing dates set on November 18, 19$0 Soard meeting
for MGN Farms, Inc., Dorothy Kern and Joseph Arcoraci were rescinded as the
Board does not have the information to make the findings.
AMEND MINUTES OF OCTOBER 21 1980 RE: DAN NAYS APPEAL OF CONDITIONS
On motion of Supervisor Moseley, seconded by Supervisor Wheeler
and carried, amended the minutes of October 21, 1980, minute order 80-162
to reflect findings pursuant to Section 20-66,.P 3, of the Butte County
Code relative to Dan Nays appeal of conditions was approved.
AYES: Supervisors Dolan, Moseley, Wheeler and Winston
NOES: None
ABSTAINING: .Chairman Lemke
CONTINUED HEARING: TOM ROGERS APPEAL OF REVOCATION OF USE PERMIT TO ALLOW
TWO DUPLEXES ON PROPERTY ZONED "A-R", AP 36-71-1 AND 2,.PROPERTY LOCATED
ON THE NORTH SIDE OF ORO-BANGOR HIGHWAY, APPROXIMATELY 300 FEET EAST OF
FOOTHILL BOULEVARD. OROVILLE
The continued hearing for Tom Rogers appeal of the .Planning
Commission's revocation of a use permit to allow two duplexes on property
zoned "A-R", AP 36-71-1 and 2, property located an the north side of Oro-
Bangor Highway, approximately 300 feet east of Foothill Boulevard, Oroville
was held at this time.
Bettye Blair, planning director, stated the Board had copies of
the Planning Commission minutes and staff findings on the project.
Hearing open to the public. .Appearing:
1. Tom Rogers, Oroville. Mr. Rogers set out the background on his
project. He presented an original map of the subdivision which showed two
duplexes and fourteen houses. His map had been recorded. There was a require-
ment for one fire hydrant. When he went to get his use permit it was held up
for various reasons. He felt the Board minutes were in error. Anew Fire
Department policy had been adopted during the six month delay. The Planning
Director-had advised him there was an error.
Nearing closed to the public and confined to the Board,
Supervisor Winston stated he had discussed the problem with Mr.
He does not remember any discussion regarding the fire hydrant.
Page 415.
November'25, 1980
80-.
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18591
PTovember 25, 1480
- William Teie, fire department, stated he was not sure what the fire
requirements were-three years ago. They are working on new standards now.
Supervisor Dolan stated the minutes reflect one fire hydrant for
14 residents on the use permit:
On motion of Supervisor Winston, seconded by Supervisor Moseley
and carried, the appeal of Tom Rogers revocation of a use permit to allow
two duplexes on property zoned "A-R", AP 36-71-1 and 2, property located
on the north side of Oro-Bangor Highway, approximately 300 feet east of Foot-
hill Boulevard, Oroville for placement of a ~~8 fire hydrant by the duplex
buildings be upheld.
AYES: Supervisors Moseley, Wheeler, Winston and Chairman Lemke
NOES: Supervisor Dolan
PUBLIC HEARING: CONTINUED TO DECEMBER 16, 1980 AT 2:15 P.M. M. C. HORNING, JR.
PROPOSED NEGATIVE DECLARATION AND APPEAL OF DENIED REZONE FROM "A-2" (GENERAL)
TO "SR-3",,PROPERTY LOCATED ON THE NORTH SIDE OF BENNUM ROAD (PENTZ ROAD),
APPRORTMATELY 1-1/2 MILES EAST OF CLARK ROAD, AP 41-12-24, 29 THROUGH 32, 41
THROUGH 52, 57, 59 THROUGH 63, 68 THROUGH 70, 90 T1iR0UGH,92, NORTH OF
OROVILLE
The public hearing fox the M. C. Horning, Jr. proposed negative
declaration regarding environmental impact and appeal of denied rezone from
"A-2" (general) to "SR-3" (suburban residential - 3 acre parcels), property
located on the north side of Bennum Road (Pentz Road), approximately 1-1/2
miles east of Clark Road, identified as AP 41-12-24, 29 through 32, 41
through 52, 57, 59 through 63, 68 through 70, 90 through 92, north of Oroville
was held as advertised.
Bettye Blair, planning director, stated the Board had copies of
the Planning Commission minutes and staff findings. The Applicant was not
available to Planning staff at the hearing.
Earl Nelson, environmental review director, set out the reason
for proposing a negative declaration. There-are 33 existing parcels in the
area, this groposal would allow 47 to 60 additional parcels. Soil conditions
on some parcels would not meet the requirements of the Health Department.
This was their basis far the negative declaration.
Hearing open to the public. Appearing:
~~
1. Chuck Horning, Chico. Mr. Horning stated he was only one of
the applicants. There are quite a few signatures in support of the project
in this area. Their original intent was to establish a zoning other than.:
general. .Planning had suggest "SR-3" because of the soil conditions.
2. Faye Bosserman, Paradise. Mrs. Bosserman stated when they
bought their property they had to buy 10 acres in order to get a perk test
that was acceptable. She did not think it should be divided down any further.
She did not approve of this subdivision.
3. Jim Dutro,.Paradise. Mr. Dutro stated he was one of the first
builders in the existing development. He did not want smaller parcels. He
hoped the zone change would not effect the animals or cross out their agriculturf
uses.
4. M. C. Horning, Sr., Chico. Mr. Horning was in favor of the
development. He had suggested to Planning a limit should be placed on any
further division.
5. Grover Bosserman, Paradise. Mr. Bosserman did not feel it
should be divided down to three acre parcels. He was concerned about the
Page 416.
November 25, 1980
4``Y.
80-
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November 25, 1980
use of'wells and the pollution from septic tanks.
Mr. Horning, Jr. stated the 240 acres next door is not ready.
to be developed. .Only for the piece divided in 1972. .Eighty-five percent
of the land owners have signed for this rezone. They are anxious to build
on what has already been divided. There is no possibility of further
development or splitting.
Supervisor Winston questioned why they didn't try to come in
with a larger size such as 10 acres.
Ms. Blair stated the "SR" would not allow mobile homes. They
could place an "SR-5" zone on the books. The Commission was concerned
about the smaller size. She suggested it be sent back to Planning for
further study. At the Planning Commission hearing level the Applicant
was not present. She did not want to impose a zone that would create .a
nonconforming parcel.
Mrs. Bosserman stated they lived in a mobile home and was
concerned if they should change the zone.
Hearing closed to the public and confined to the Board.
On motion of Supervisor Wintston, seconded by Sugervisor Dolan
to refer back to the Planning Commission-with a recommendation that an
"FR-10", "AR-10" or "SR-10" be considered in connection with this project.
loosely.
Supervisor Moseley questioned if they were not using "agriculture"
Vote on motion:
AYES: Supervisors Dolan and Winston
NOES: Supervisors Moseley, Wheeler and Chairman Lemke
Motion fails.
On motion of Supervisor Moseley, seconded by Supervisor Wheeler
and carried, refer this project back to the Planning Commission with a
recommendation of "SR-5" zoning.
Supervisor Moseley amended the motion:
to recommend an "A-5" zoning.
AYES: Supervisors Moseley, Wheeler and Chairman Lemke
NOES: Supervisors-Dolan and Winston
The hearing was continued to December 16, 1980 at 2:15 p.m. with
a recommendation coming forward from the Planning Commission.
1860IPUBLIC HEARING: GARY SMITH CONDITIONAL NEGATIVE DECLARATION AND APPEAL OF
DENIAL OF 60 UNIT CEDAR SPRINGS VILLAGE CONDOMINIUM SUBDIVISION, AP 44-33-101,
PROPERTY LOCATED ON THE EAST SIDE OF BURNAP AVENUE, APPROXIMATELY 1,400 FEET
The public hearing on the`~Gary Smith negative declaration regarding
environmental impact and appeal of the Advisory Agency's denial of 6O unit
Cedar Springs Village condominium subdivision, AP 44-33-101, property located
on the east side of Burnap Avenue, approximately 1,400 feet south of Eaton
Road, Chico area was held as advertised.
Page 417.
November 25, 1980
November 25, 1980
80- Clay Castleberry, public works director, set out the location of
v the subject property. They were concerned about the density. If this was
apartments or a unit connected there-would be no problem with density. A
condominium falls under different rules as to density. There are mitigation
measures. There will be a lot of traffic added to Burtlap Avenue, the
applicant has agreed to off site improvements.
Bettye Blair, planning director, stated under the current "R-3"
zone there is no density requirement. The General Plan in this area is
5 to 8 dwellings. They could not make the finding of 15 within the "R-3"
zoning. Tkeey could come back and converto The Applicant was aware of
the problem when he applied,
Earl Nelson, environmental review director, stated this is within ~
an environmental sensitive area. Their three concerns are traffic, population
and proximity to the airport. They recommended a conditional negative
declaration because of the traffic and noise.
Hearing open to the public. .Appearing:
1. Gary Smith, Nimshew Stage. Mr. Smith stated he would have
2 1/2 building units per acre. He did not feel the project would have an
effect on the area. .After the closing of escrow he was notified of the
General Plan change and the change in density. He would like to be included
in the "R-3" zoning proposed for this area which was discussed earlier in
the meeting. An apartment would be acceptableo His plans are to build a
low cost condominium. They are designed for the first time buyers at 10%
down.
Hearing closed to the public and confined to the Board.
Ael Siemsen, deputy county counsel, stated on the."R-3" and "R-4"
zone an apartment building would be allowed without a use permit and would
never come before the Board. 1t could be built as an apartment complex
and converted to condominiums. .Unless the General Plan addresses to the
condominiums they do not have to find consistency with the General Plan,
There is no way to find consistency for the General Plan as it stands Howe
On motion of Supervisor Winston, seconded by Supervisor Dolan and
unanimously carried, finding that although the proposed project could have
a significant effect on the environment, there will not be a significant
effect in this project because of-the mitigation measures described below
that have been added to this project; that a conditional negative declaration
was approved:
1. Plate a statement on the final map stating that the property lies within
the 55-60 CNEL (Community Noise Equivalent Level) contour radiating from
the airport and may be subject to aircraft noise.
2. Reconstruct Burnap Avenue to a 24 foot wide paved street section from
the south corner of the site to Lassen.Avenue to facilitate traffic
circulation.
On motion of Supervisor. Winston, seconded by Supervisor Wheeler and
unanimously carried, finding that due to an ambiguity in the description of
medium density residential in the Land Use Element of the General Plan;
whereas intensity of use is stated as eight dwelling units per acre; but,
consistent zones are recited as being "R-3" "R-4" which has no density
requirement and it is up to this Soard to interpret the General Plan and
Finding that in light of the consistent zones being recited as "R-3" that
Page 4.18.
November 25; 1980
SO-.
d
November 25, 1980
this proposed project notwithstanding the intensity of use section is
in compliance with the General Elan; the project was approved subject to ,the
Following conditions:
1. Place a statement on the final map stating that the property lies within
the 55-60 CNEL (Community Noise Equivalent Level) contour radiating from
the airport and may be.-subject to aircraft noise.
2. Reconstruct Burnap Avenue to a 24 foot wide paved street section from
the south corner of the site to Lassen Avenue to facilitate-traffic
circulation.-
3. .Submit road and drainage-plans to the Department of Public Works for
approval and install the required facilities.
4. Tndicate a 50 ft. building setback line from the centerline of Burnap
Avenue.
5. Street signs shall be provided by the developer at all street inter-
sections per County requirements. (Submit 5 alternate street names for
each street to the County Address Coordinator for approval of street
names.
6. Deed 30 feet from the centerline of Burnap Avenue to the County of Butte.
7. Construct half street section on Burnap to RS-2-A road standard with ',
vertical curb, gutter, and sidewalk and 2" AC, 8" AB, SC 250 prime,
fog seal and 95% relative compaction. Construct 12 foot lane on west
side of Burnap Avenue, across from project. Minimum structural section '.
to be 2" AC and 8" AB with fog seal and 95% relative compaction. Submit
design to County Department of Publio Works for approval. "R" value
determinations and other data may be required to support section design.
8. Provide monumentation as required by the Department of Public Works in
accordance with accepted standards.
9. Street grades and other features shall comply with the Butte County
Ordinances, design resolution and other accepted engineering standards.
0. Provide permanent solution for drainage. Check adequancy of Pleasant
Valley Drainage District ditch. .Provide evidence that property can
drain grade-wise.
1. All easements of record to be shown on the final map.
2. Meet requirements of Butte County Fire Department or other responsible
agency.
3. Street lighting shall be provided in accordance with Butte County require-
ments, accepted design criteria, and recommendations of PG&E.
4. -Pay off assessments.
S. Pay any delinquent taxes.
fi. Widen Burnap Avenue from south property line to Lassen Avenue to 12 fao•t
lanes, pavement only. 2"AC and 8" AB.
.7. .Provide a letter or other documentation from the California Water Service
Company stating that they are willing and able to supply domestic water
to the subdivision.
Page 419.
November 25, 1980
80--
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18611
18621
18631
November 25, 1980 _
18. Destroy the existing water well under Butte County permit requirements..
19. Provide sewage disposal facilities-that meet Butte County Health
Department and Regional Water Quality Control Board requirementso
20. Provide a homeowners association or other legal entity adequate to
insure the proper installation, maintenance and repair of the sewage
disposal system. The agreement to be reviewed by the Butte County
Health Department and the Regional Water Quality Control Board.
RECESS: 11:43 a.m.
RECONVENE: 11:55 a.m.
ADOPT INTERIM ORDINANCE 2165_.FOR AP 46-43-07, SOUTHWEST QUADRANT OF SKYWAY,
PARK AVENUE AND FREEWAY 99 INTERCHANGE IN CHICO
Earl Dunn, Chico, spoke to the Board regarding a request far an
interim zone on-Mrs. Sane Hendrix property. The parcel is a 6 1/2 acre
piece southwest quadrant of the Skyway, Park Avenue and Freeway 99 inter-
change in Chico. He presented a letter and plat map to the Board. Tt is
presently zoned "A-2" and they are requesting an "M-2" (heavy industrial)
zone. Baywood Farms would like to purchase the property and move their
farm implement business to the new location.
On motion of Supervisor Dolan, seconded by Supervisor Wheeler and
unanimously carried, Ordinance 2165 an interim ordinance to rezone the area
of Skyway, Park Avenue and Freeway 99, Chico, AP 46-43-07 fora period of
120 days was adopted and the Chairman authorized to sign.
APPEARANCE: ROBERT HUSKEY
Robert Huskey spoke regarding recording a map. The time had
lapsed two days prior. He had a carbon copy of his letter.
Dan Blackstock, county counsel, stated the Board could instruct
the Advisory Agency to furnish an affidavit that a letter had been mailed.
The law requires the a,pplica.tion be made before the cut off date. The
carbon copy letter indicates it was well in advance of the cut off date.
On motion of Supervisor Winston, seconded by Supervisor Wheeler
and unanimously carried, a affidavit from Robert Huskey regarding the
recording of a map be accepted;,
APPEARANCES: .REGARDING NUTRITION:`1ROGRAM "..___ ,:' GRANT DENIED PREVIOUSLY
Nate White, Chico. Mr. White spoke requesting the Board reconsider
the Community Food and Nutrition Program grant which was denied at the
November 18, 1980 meeting. Tt would provide two jobs in the County. It
would allow for the purchase of a panel truck and rental of a small warehouse.
Tt is a good service to the community.
Stan Cherniss, president Butte County Gleaners. Mr. Cherniss
would like reconsideration of the same program, There would be no-cost
to the County. They would have to increase their dues to be able to lease
a warehouse. There are 851 members,
Supervisor Winston stated this was a one time only grant. He was
concerned at the end of the grant period they would come back and request
financial help from the County.
Toe-McGee, Gridley. Mr. McGee,representing the Advisory Board for
Butte County Citizens, hadc;met and discussed the grant. They all felt they
should apply for the grant, they had discussed the same concerns as mentioned
Page 420.
.November 25, 1980
80-
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186
November 25, 1980
by Supervisor Winston. The Gleaners program and Nutrition Program could
be enhanced by the grant, Mr. McGee read their proposal to the Board.
Chairman Lemke had spoke with members of the Gleaners. He
commended them for their work. He sees an opportunity to extend the
volunteer grogram within our County.
Supervisor Moseley stated it is not a new concept. It has been
done for yearso
On motion of Supervisor Dolan, seconded by Supervisor Wheeler
and carried, to reconsider their action of November 18, 1980;. ,
the delegate agency agreement with Solano County Economic -0pportunity
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 assitance 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 miscell-
aneous costs, $9,068 was approved and the Chairman authorized to sign.
AYES: Supervisors Dolan, Wheeler and Chairman Zemke
NOES: Supervisors Moseley and Winston
APPEARANCE: NATE WHITE
Nate White, Chico. Mr. White stated the Community Action Personnel
Committee had evaluated the executive director of Community Action Agency.
He felt it was unfair to deny his merit increase. He would like to discuss
the matter in executive session.
Dan Blackstock, county counsel, stated the decision to grant a
rate increase has to be held in the open.
PUBLIC HEARING: ED EHMANN APPEAL OF CONDITION 17 ON TENTATIVE PARCEL MAP,
AP 28-OS-21, FOUR PARCELS, PROPERTY LOCATED ON THE SOUTHWEST CORNER OF
HONCUT ROAD AND LA PORTE ROAD~_HONCUT AREA
The public hearing on Ed Ehmann appeal of the Advisory Agency's
condition 17 on tentative parcel map, AP 28-08-21, four parcels, property
located on the southwest corner of Honcut Road and LaPorte Road, Honcut
area was held as advertised.
Clay Castleberry, public works director, stated this was a fire
condition imposed before the moritorium on fire requirements.
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 carried, the appeal of Ed Ehmann condition ll on tentative parcel map,
AP 28-08-21, four parcels, property located on the southwest corner of
Honcut Road and LaPorte Road, Honcut area was upheld,
-AYES: Supervisors Moseley, Wheeler, Winston and Chairman Lemke
NOES: Supervisor Dolan
PUBLIC HEARING: ADOPT ORDINANCE 2166, BYRON D, KING REDONE FROM "A-R"
TO "AR•-MH" PROPERTY LOCATT:D ON THE SOUTHWEST SIDE OF FOOTHILL BOULEVARD,
APPROI~IMATELY 1,000,FEEx SOUTHEAST OF OROVILLE BANGOR HIGHWAY, AP 36-22-160
AND 162. SOUTHEAST OF OROVILLE
The public hearing on Byron D. King rezone (item not subject to
environmental review) from "A-R" (agricultural residential)'to "AR-MH"
(agricultural residential - mobile home), property located on the southwest
side of Foothill Boulevard, approximately 1,000 feet southeast of Oroville
Bangor Highway, identified as AP 36-22-160 and 162, southeast of Oroville
was held as advertised. Page 421.
.November 25, 1980
80-
November 25, 1980
- Bettye Blair, planning director, stated the Board had copies of the
Planning Commission minutes and staff findings.
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, an"ordnance?< rezoning Byron D. King property from
"A-R" (agricultural residential) to "AR-MH" (agricultural residential - mobile
home), property located on the southwest side of Foothill Boulevard, approx-
imately 1,000 £eet southeast of Oroville Bangor Highway, identified as
AP 36-22-160 and 162, southeast of Oroville is in conformity with the
General Plan; Ordinance 2166 was adopted and the Chairman authorized to sign.
PUBLIC HEARING: ADOPT ORDINANCE 2167:BUTTE COUNTY PLANNING COMMISSION
PROPOSED NEGATIVE DECLARATION REGARDING ENVIRONMENTAL IMPACT AND ALLOW THE
SEGREGATION OF SMALL PARCELS FOR HOMESITES AND AGRICULTURAL PROCESSING
USES,,WITH APPROVAL -0F A USE PERMIT BY THE PLANNING COMMISSION, IN THE "A-5",
"A-10", "A-20", "A-40" AND "A-160" ZONES (SECTIONS 24-72, 24-75, 24-78, 24-81
ANA 24-84 RESPECTIVELY)
- The public hearing on the Butte County Planning Commission proposed
negative declaration regarding enviornmental impact and allow the segregation
of small parcels for homesites and agricultural processing uses, with approval
of a use permit by-the Planning Commission, in the "A-5", "A-10", "A-20",
"A-40" and "A-160" zones (sections 24-72, 24-75, 24-78, 24-81 and 24-84
respectively) was held as advertised.
Bettye Blair, planning director, stated the Board had received
copies of the Planning Commission minutes. Ms r-Blair set out the background
for the proposed amendment changes. To segregate "small homesites from the
agriculture lands. Through the use permit process if they should be in
violation it would come back before the Board.
Earl Nelson, environmental review director, stated they did not
find any major findings other than long term small increases of residents
in the agriculture area.
Hearing open to the public.. Appearing:
Supervisor Moseley stated there had been many requests in her
district and Planning Commissioner Rae Wheeler had been, Very helpful in
getting this change through.
1. -Louis Camenzind, Jr., Aurham. Mr. Camenzind, Jr. stated he
was in favor of this proposal.
Hearing closed to the public and confined to the Board.
On motion of Supervisor Moseley, seconded by Supervisor Dolan and
unanimously carried, finding that the proposed project could not have a
significant effect on the environment a negative declaration is approved.
On motion of Supervisor Moseley, seconded by Supervisor Dolan and
unanimously carried, Ordinance 2167 to allow the segregation of small parcels
for homesites and agricultural processing uses, with approval of a use permit
by the Planning Commission, in the "A-5", "A-10", "A-20", "A-40" and "A-160"
zones (sections 24-72, 24-75, 24-78, 24-81 and 24-84 respectively) was adopted
and the Chairman authorized to sign.
Page 422.
November 25, 1980
November 25, 1980
80- 1868
b
The Chairman had received a letter regarding the HCD audit.
There-was a letter from Judge Rix regarding filing fees.
1869
A memo from CSAC~regarding Pre-print SB-317. Chairman Lemke
fiad discussed this with the Welfare Director and there is new legislation
and they are trying to include these matters.
EXECUTIVE SESSION: The Board recessed to hold an executive session at 12:38
p.m. regarding litigation.
RECONVENE: The Board reconvened at 12:53 p.m. after holding an executive
session regarding litigations See following motion.
On motion of Supervisor Winston, seconded by Supervisor-Dolan and
unanimously carried, the County of Butte is to enter into a stipulation with
Ithe State of California as set forth by County Counsel regarding ownership
of Lake Madrone.
1870IT,ETTER Ok'-COMMENBATION TO BE SENT TO BILL PATRICK, ASSISTANT DISTRICT ATTORNEY
On motion of Supervisor Wheeler, seconded by Supervisor-Winston and
.unanimously carried, a letter of commendation and congratulations be sent to
(Bill Patrick,.assistant district attorney; and the County is sorry. to see
him leave.
AAJOURNMENT
There being nothing further before the Board at this time, the
meeting was adaourned at 12:55 p.m. to reconvene at 9:00 a.m. n ecember 2,
1980.
ATTEST: CLARK A. NELSON, COUNTY CLERK-
and ex-officio Clerk Chairman, Board of Supervisors
f oard of Supervisors
By
Page y.23.
November 25, 1980