HomeMy WebLinkAboutM010979December 9, 1979`
STATE OF CALIFORN ~A )
SS
COUNTY OF BUTTE )
The board of Supervisors met at 9:00 a.m. pursuant to adjournment.
Present: Supervisors Dolan, Lernk4~; Moseley, Wheeler and Chairman Winston.
Clif Mickelson, Administrative Officer; Dan Blackstack, County Counsel; and
Clark A. Nelson, County Clerk, by Margie Catt, Asst. Clerk of the Board.
Pledge of Allegiance to the Flag of the United States of America
Invocation by Supervisor Moseley.
79-44 RE -ORGANIZATION OF BOARD: SE LECT~7:ON OF CHAIRMAN AND VICE-CHAIRMAN
The meeting was called to order for the purpose of rerorgariization of the
Board. Chairman Winston declared nominations in order for Chairman for the ensuing
year. Supervisor Moseley naminated Supervisor Lemke as chairman. The motion was
seconded by Supervisor Dolan. There being no further nominations the nominations
were closed. The Clerk was instructed to cast a unanimous baElot for Supervisor Lemke
as chairman for the ensuing year. Supervisor Moseley moved and it was seconded by
Supervisor Wheeler that Supervisor Winston ve Vice Chairman for the ensuing year.
Motion carried; Supervisor Vl~mston abstained from voting.
Chairman Lemke announced that he will absent himself at 10:30 a.mo to attend a
funeral in Paradise,
79-45 MINUTES OF JANUARY 2, 1979 APPROVED
On motion of Supervisor Winston, seconded by Supervisor Moseley and unanimously
carried, the minutes of January 2, 1979 were approved as mailed.
;79-46 WAIVE FIRST READING OF SALARY ORDINANCE AMENDMENT
Salary ordinance amendment modifies some entry eve classifications and wage
rates to conform to the CETA average wage index; establishes a rate for the CETA
instructors; and increases the extra help rate for pharmacist.
On motion of Supervisor Winston, seconded by Supervisor Wheeler and
unanimously carried, the first reading of the salary ordinance amendment was
waived.
79-47 MERIT INCREASE FOR DIRECTOR OF PLANNING APPROVED
Supervisor Dolan stated she does not oppose this merit increase but she said
it was her understanding that merit increases were not applicable under Prop. 13.
She stated that it does widen the gap between staff and management.
On motion of Supervisor Moseley, seconded by Supervisor Wheeler and
unanimously carried, merit increase for Director of Planning was approved.
79-48 AWARD OF BID NO. 42-79-THREE-WHEEL ROLLER
The low idder for fhe ro ler is Droscher Equipment S~Ies of Redding
in the amount of $33,323.66 which is greater than the budget allocation of
$30,000.00. Supervisor Winston asked why only one bid was received.
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January 9, 1979
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Clay Castleberry, Director of Public Works, stated that there are only about
3 or 4 suppliers of this type equipment. He said he was comfortable with the
bid received.
On motion of Supervisor Winston, seconded by Supervisor Moseley and
unanimously carried, bid for the three-wheel roller was awarded to Droscher
Equipment Sales of Redding in the amount of $33,323.66, and transfer from the road
reserve in the amount of $3,323.66 was authorized for the balance of the money
not budgeted.
79-49 APPROVE PHASE I, CHANGE ORDER NO. 17 & PHASE II CHANGE ORDER NO. I,
ADMINISTRATION BUILDING
A c ange order as een prepared in the decreasing amount of $2,275 to
reflect a change in insulation type on the upper ceilings of Building A and a time
extension of 30 days to make the two construction contracts run concurrently.
A change order has been prepared to provide for nonbearing wall relocation
in the Purchasing Department area, enclosure on supervisor's office, related work
and deletion from cost due to change in insulation type. Change order is in the
increasing amount of $4,196 and has been approved by the Building Committee.
On motion of Supervisor Winston, seconded by Supervisor Wheeler and
unanimously carried, the following change orders were approved and the Chairman
authorized to sign
I. Change Order No. 17, Phase I, in the decreasing amount of $2,275 to
reflect a change in insulation type on the upper ceilings of Building A and a time
extension of 30 days to make the two construction contracts run concurrently.
with
2. Change Order Noo I, Phase II, Administration Building, in the amount of $4,196
funding to come from Administration Building contingencies .
79-50 BUDGET TRANSFERS APPROVED
On motion of Supervisor Moseley, seconded by Supervisor Winston and
unanimously carried, the following budget transfers were approved:
8-50 Data Processing and Welfare. Establishes a $2,100 appropriation
for the lease of a key entry station to be installed at the Oroville Welfare office.
B-51 Community Action Program - OEO - 1979 Grant Year. This
transfer establishes a $68,334 appropriation for the South Oroville beautification
program pursuant to agreement between EOC and Personnel-Manpower with revenue coming
from federal aid -employment and training administration.
B-52 Housing and Community Development Grant. This is a $450,000
appropriation transfer establishing the budget-for the 1978-79 Housing and
Community Devel opment Program as approved by the Department of Housing and
Urban Development on November 21, 1978 for activities in the EI Medio and
Chapmantown areas.
79-51 APPROVE CONTRACT AMENDMENT: YOUTH WEATHERIZATION TRAINING GRANT
A contract amendment has been prepared with the State Office of Economic
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January 9, 1979
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Opportunity to extend operation of the low income weatherization assistance
program from December 31, 1978 to March 31, 1979.
On motion of Supervisor Winston, seconded by Supervisoe Nolan
and unanimously carried, contract amendment was approved, Chairman was authorized
to sign and the Executive Director was designated ~s the person to be authorized to
sign request for reimbursement advance.
79-52 APPROVE PUBLIC WORKS ITEMS
On motion of Supervisor Winston, seconded by Supervisor Wheeler and
unanimously carried, the foldowing action was taken:
I. Accepted the improvements in Vista Del Cerro Subdivision Unit No. I,
authorized. release of performance bonds and labor and materials bonds and authorized
the commencement of the one-year maintenance period.
2. Accepted improvements within Crestwood Subdivision Unit No. I,
authorized release of performance bonds and labor and materials bonds and
authorized the commencement of the one-year maintenance period.
3. Apporoved agreement for sale, Clark Road 57452-74-2, authorized
the Chairman to sign and authorized the Auditor to issue warrant upon demand of
county's escrow agent on the following:
Project Name Acres Price lm~r. Total
Clark Road Flora Erickson, et al 0.010 $427 -0- 27
57452-74-2
79-53 ORDINANCE EXEMPTING BUTTE COUNTY FROM PROVISIONS OF AB231
CONCERNING PLANTI(aG(~vOF TREES OR SHRUBS & 1NTERFERR~NCE WITH SOLAR
HEATING: COUNTY COUNSEL TO PREPARE ORDINANCE
Ordinance exempting Butte County from previsions of AB231 concerning
', planting of trees or shrubs and interd'erence with solar hearing discussed. The
bill provides that local community can exempt themselves from this bill.
Supervisor Dolan stated that she feels that there are implications from the
other side that should be brought out. She presented newspaper items on this
matter. Stated that she would not like to see the County exempt itself rfcom
this matter. Solar collectors explained. Supervisor Dolan feels that this will
save money for homeowners.
Supervisor Winston set-out his views on this- matter.
Dan Blackstock, County Counsel, will review this matter to see if it could be
an infraction of the law rather than a misdeamenor; he will present a written
report on this portion of the bill,
On motion of Supervisor Winston, seconded by Supervisor Moseley and
carried, County Counsel was instructed to prepare an ordinance exempting Butte
County from provisions of AB 231.
AYES: Supervisors Moseley, Wheeler, Winston and Chairman Lemke
NOES: Supervisor Dolan
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January 9, 1979
79--54 ADOPT RESOLUTIONS 79-5 & 79-G; OF APPRECIATION TO SUPERVISORS
MADIGAN AND RICHTER
On motion of Supervisor Winston, seconded by Supervisor Moseley and
unanimously carried, Resolution 79-5 of appreciation of Supervisor Madigan and
Resolution 79-6 of appreciation of Supervisor Richter's services to the County were
adopted and the Chairman authorized to sign.
79-55 DISCUSSION: APPOINTMENTS TO BOARD OF ZONI NG ADJUSTMENT
Supervisor Winston stated he has serious questions about the reasons for the
existance of the Board of Zoning Adjustment. This Board was created to lessen the work
load of the Planning Commission. The activities are so closeley aligned to Planning matters;
he feels it is just another layer of County Government. The activities of this Board
should be under the realm of the Planning Commission. He feels that the Planning
Commission would agree with thiso
Further discussion put over until Planning Director is present.
79-5G APPROVE APPOINTMENTS TO BUTTE COUNTY FAIR BOARD
On motion of Supervisor Wheeler, seconded y Supervisor Winston and
unanimously carried, Homer Lundberg was re-appointed totthe Butte County Fair
Board for the term prescribed by law.
On motion of Supervisor Moseley, seconded by Supervisor Winston and
unanimously carried, Melvin Richins was re-appointed a member of the Butte County
Fair Board fortlthe term prescribed by law.
79-57 APPROVE APPOINTMENT TO COUNTY SERVICE AREA #31
On motion of Supervisor Moseley, seconded by Supervisor Winston and
unanimously carried, Mr. Stanley Avrat was appointed to the County Service Area #31,
Biggs Swimming Pool District.
79-58 APPROVE APPOINTMENTS TO BUTTE COUNTY MOSQUITO ABATEMENT DISTRICT
On motion of Supervisor Wheeler, seconded by Supervisor Winston and
unanimously carried, Tom Edgar was appointed a member of the Butte County Mosquito
Abatement District, for the -term prescribed by law.
On motion of Supervisor Dolan seconded by Supervisor Moseley and
unanimously carried, Edna McLaughlin was appointed a member of the Butte County
Mosquito Abatement District for the term prescribed by Law.
79-59 APPROVE APPFCyIIMIfMENT TO DURHAM MOSQUITO ABATEMENT DISTRICT
', On motion of Supervisor Dolan, seconded by Supervisor Moseley and
unanimously carried, Charles H. Manning was appointed a member of the Durham
Mosquito Abatement District, to fill the unexpired term of Roger Sohnrey.
79-60 APPOINTMENTS TO VARIOUS COMMITTEES FROM SCHEDULED VACANCIES
Supervisor Lemke stated that Supervisor Winston will continue to serve on
the Fish & Game Commission and on -the Law Library Trustee Committee.
Chairman Lemke will serve as Director of CSSAC . Assignments to CSAC
committees and Northern California Supervisors Assn. will be the same and put together
at a later date. Page 44.
January 9, 1979
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79-b1 APPROVE APPOINTMENTS TO REGION C-REGIONAL CRIMINAL JUSTICE
PLANNING BOARD
On motion of Supervisor Winston, seconded by Supervisor Dolan and
unanimously carried, Supervisor Wheeler and Sheriff Gillick were appointed
members of the Region C-Regional Criminal Justice Planning Board, terms to
commence November 21, 1978.
79-62 APPROVE APPOINTMENTS TO BUTTE COUNTY PLANNING COMMISSION
On motion of Supervisor Wheeler, seconded by Supervisor Moseley and
unanimously carried, Dr. Frank Bennett was re-appointed to the Butte County
Planning Commission.
On motion of Supervisor Dolan, seconded by Supervisar Wheeler and
unanimously carried, Mrs. Nina Lambert, (463 River Road, Chico, was appointed
a member of the Butte County Planning Commission, as representative of the Second
Supervisorial District.
79-63 APPROVE APPOINTMENTS TO THE AGRICULTURAL ADVISORY COMMISSION
On motion of Supervisor Wheeler, seconded by Supervisor Mo ~eley and
unaa~imously carried, Hans Gabski was appointed a member of the Agricultural
Advisory Commission.
'! On motion of Supervisor Wheeler, seconded by Supervisor Winston and
unanimously carried, Don Murphy was appointed as alternate member of the
Agricultural Advisory Commission. '
On motion of Supervisor Dolan, seconded by Supervisor Wheeler and
unanimously carried, Hugh Santox, Durham, was appointed a member of the
Agricultural Advisory Commission, to represent the Second Supervisorial District.
79-64 DISCUSSION: APPOINTMENTS TO BOARD OF ZONING ADJUSTMENT
Supervisor Winston stated he felt that the work handled y the Board of
Zoning Adjustment should be under the Planning Commission as the activities are so
closehryrelated. It is his feeling that these functions should be handled by the
', Planning Commission.
Bettye Blair, Planning Director, sfiafied that the Planning Commission is
meeting on alternate weeks. If the Board of Zoning Adjustment is merged with the
Planning Commission, then the Planning Commission would have to meet
weekly, She did not know what time would be needed to handle these matters.
Chairman Lemke stated that the Planning Commission would be willing to accept
the additional work.
Dan Blackstock, County Counsel, stated that the Board of Zoning Adjustment
had been designed to take care of delays in procedures at the Planning Department.
In merging them again, it will cause delays. These hearings will be competing
with the public hearings on the General Plan and on zoning matters.
Dr. Frank Bennett, member of the Butte County Planning Commission,
stated that as a member he would not want to ask for more work. He has not
given much thought to the merging of this Commission with the Planning Commission.
He concurred with Mr. Blackstock that if they have a long agenda; these items would
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January 9, 1979
_____~_______ January_9,_I979____
be competing with the public hearings on the General Plan and on zoning.
Supervisor Winston suggested that on alternate ~1W~(ed~sday the Planning
Commission could handle the variances and use permits and on the other
Wednesday they-could handle the hearings on zoning and on the General Plan.
He suggested that Dr. Bennett, as Chairman of the Planning Commission, discuss
the matter with the other members. County Counsel will prepare an ordinance
to handle this situation.
Bettye Blair stated that this would be discussed at the Planning Commission
meeting tomorrow night and if agreeable with them, then action could be taken
next week.
Placed back on the agenda for Tuesday, January Ib, 1979.
79-65 COMMUNICATIONS
Ed Brown, assessor elect. Mr. Brown submits his resignation as interim data
processing director effective noon January 8.
On motion of Supervisor Winstono seconded by Supervisor Dolan and
unanimously carried, Administrative Officer was directed to write a letter of
appreciation to Mr, Brown for his services as interim data processing director.
Richard M. Seaburg, Paradise. Mr. Seaburg writes appealing condition #2
on a proposed negative declaration and use permit to allow a cabinet
shop on property zoned A-2 limited located on the south side of
Wagstaff Road, approximately 150 feet of Harvey (toad, Paradise,
identified as AP 51-14647. Set for hearing on January 23, 1979 at 10:15 a.m.
Paradise Municipal Advisory Council. The Council writes forwarding information
concerning hearings they have conducted on possible rezanings in
Paradiseo Referred to Planning Commission.
Upper Ridge Coordinating Council. The Council writes forwarding guidelines
to be established governing the erection of commercial signs along the
Skyway in the Upper Ridge area. Letter discussed. Referred to
County Counsel and Planning .Commission. They will also be asked
to look at the same situation in the Chico area.
Michael Fitzgerald, Gold Beach, Oregon. Mr. Fitzgerald forwards information
concerning a public timber education program proposal and suggests a
contribution by Butte County in the amount of $8,373. Discussed.
On motion of Supervisor Winston, seconded by Supervisor Wheeler and
unanimously carried, above communication tabled at this time.
RECESS: 9:55 a.mo
RECONVENED: 10:05 a.ma
79-66 JOINT MEETING WITH CITY OF CHICO SET RE: N & W CHICO SEWAGE L~: `;,, ~'i?'
Chairman Lemke announced that there would be a joint meeting of Chico City
Counic±I and Board of Supervisors to cdseirrs'tthe nortj~ a`q~,west Chico vse#~age.
Meeting to be held January 23,.1979 at 7:30 p.m. in ico.
Page 46. January 9, 1979
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79-67 PUBLIC HEARING: THOMAS L. & EVA E. BROCK: PETITION FOR VARIANCE TO
SECTIONS 19-10 and,lor 19-12 OF THE BUTTE CO. CODE FOR PLACEMENT OF
A MOBILE HOME, 7323 PENTZ RD., PARADISE (Zoning: A-2 Limited}
T e pu is Baring on t e T omas L. and Eva E. Brock petition for variance to
Sections 19-10 and/or 19-12 of the Butte County Code for placementof a mobile
home at 7323 Pentz Road, Paradise, AP 50-01-3-006, was held as advertised.
Lynn Van Hart, Director of Environmental Health, reported that this seems to be in
order.
Hearing opened to the public. Appearing: No one. Hearing closed to the
public and confined to the Board.
On motion of Supervisor Moseley, seconded by Supervisor Winston and
unanimously carried, petition for variance to Sections 19-10 and/or 19-12 of the Butte
County Code for placement of a mobile home at 7323 Pentz Road, Paradise, was
approved far Thomas L. and Eva E. Brock for a period of one year.
79-68 PUBLIC HEARING: DRAFT NON ATTAINMENT PLAN(AIR POLLUTION) FOR
BUTTE COUNTY: ADOPT RESOLUTION 79-7
The public hearing on the draft nonattainment plan (air pollution) for Butte
County was held at this time. Steve Musselman, Administrative Office, s#ated that
the Butte County Associa#ion of Governments is the lead agenciYe;, They have
requested that public hearings be held on this plan. The staff has recommended some
changes to the draft plan, which are self explanatory. Action requested: To adopt
the proposed changes by the staff and recommend to BCAG-that they adopt the changes.
Summary of plan explained by Mr. Musselman. The Board members did
review the changes that were sent to them.
Hearing aenened to the public. Appearing:
I. Don Blake, Oroville. He asked Mr. Musselman when the amendments
would be available to the public. Mr. Musselman stated they were available at this
time and that the changes would be voted on by BCAG next Wednesday, January l7, 1979,
2. Dave Stratton, Butte County Air Pollution Board. He stated that the plan
did speak to the matter of transport in the Sacramento Basin only. Mr. Blake stated
that. the issue of transport was the only issue that he questions.
3. Mr. Garrett Burke, Paradise. H~ requested that the Board resist Phese
changes. Supervisor Dolan stated that there were three other times the people could
speak concerning these changes.
Hearing closed to the public and confined to the Board.
On motion of Supervisor Winston, seconded by Supervisor Wheeler and
unanimously carried, the Board recommended that BCAG adopt the proposed changes set
forth by staff and any other additional changes for inclusion in the final Nonattainment
Plan; direct a letter be sent to BCAG summar[zing the results of the Board's public
hearing and urging adoption of a final Non-attainment Plan pursuant #o the Board's recommended
changes; adopted Resolution 79-7 committing the Air Pollution Control District to the
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January 9, 1979
_____January 91979 ___
adoption and endorcement of rules to be adopted by the Basin Coordinating Council
for the purpose of maintenance and attainment of air quality in the Sacramento Air
Basin and authorized the Chairman to sign.
79-69 PUBLIC HEARING: BUTTE COUNTY BD. OF SUPERVISORS PROPOSED AMENDMENT TO
THE BUTTE COUNTY CODE, CHAPTER 24 AMENDING THE ZONING DLSTR]CTS TO
ALLOW MOBILE HOMES
The pu I is hearing on the Butte County Board of Supervisors' proposed amendment
to the Butte County Code, Chapter 24 amending the following zoning districts to allow
mobile homes: A-R (agricultural residential), AR-5 {agricultural residential),
A-SR (agricultural-suburban residential), H-C (highway commercial), R-I (single
family residential), R-I A & C (minimum density residential, arts ~ crafts), R-2
(duplex residential),. R-3 (minimum density residential), R-4 (maximum density
residential-restricted service), S-R (suburban residential), SR-I/2 (suburban
residential), SR-1 (suburban residential), R-N {residential-nonconforming was held
as advertised. This is a re=published hearing, Within the proposed ordinance would
be a statement that the variance would be granted for a period of one year and could be
renewed annnuallyo Lynn Van Hart stated that the trend appears to be for more
varianceso Someone from the staff goes out to the site to inspect for water and
sewage disposal.
Hearing opened to the public. Appearing:
I. Ward Cameron, 1837 Merrill Road, Paradise. He explained the "Aunt
Minnie"variances that are in exi•atence at this time. This proposal is an expansion
of the present ordinance. This privilege has been taken advantage of by many
people. He did not think the Board should change and allow these homes in all
zones. If allowed, this might negate the zoning.
2. Mrs, Adele Perry, Paradise. Stated she was concerned because the amendment does
not specify the criteria for the type mobile home that will be placed on the property,
She felt that there were loopholes within the ordinance that should be closed.
3. Mr. DeVere Pace, Chico. He felt that with the dollar getting cheaper,
this advantage could be worthwhile for many people.
4. Mrs. C. L. Harris, Paradise. She read a prepared statement in
opposition to this amendment,
5. Mr. Frank 8razell. He felt that the County should not deny the old
folks being taken care of 6y younger members of the family. He would -like to see
the old folks genren a better chan~@ to live properly.
6. Garrett Burke, Paradise. Stated that he resents statements made by
Mrs. Harris. He lives in a mobile home because he wants to live in one. Felt he
should be allowed to place a mobile home on his property to take care of a
disabled person.
7. Mr. Roger Jardinaire, Ward Blvd., Oroville, stated that there are
two -times in our lives that we need help. One when we are a baby and other
time is when we are old. He set out ideas on how this could be handled.
Parcels should not 6e less than one-half acre; owner should meet County's building
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January 9, 1979
_ _ _ January 9~ (979 _ _ _
code and requ®Pernents for sewage and utility hook-ups. A band should be posted
by the property owner and he should be responsible for the mobile home. The
mobile homes should 6e kept in reasonable repair. No commercial zoned area
should be allowed to have mobile homes.
Hearing closed to the public and confined to the Board.
Because ~i(,airman Lemke is absent at this time, Vice-Chairman Winston
felt this hearing should be continued to January I6,. 1979 so that the entire Board
would be present to vote on this matter.
Hearing continued to Tuesday, January l6, 197.
79-70 PUBLIC HEARING: JAMES PARR-APPEAL OF REQUIREMENT TO PREPARE AN
EIR IN CONNECTION WITH REQUEST TO REZONE, LITTLE CHICO CREEK CANYON
The public hearing on the James Parr appeal of requirement to prepare an EIR
in connection with a request to rezone an 80. acre parcel from TM-40 (timber mountain-
40 acre minimum parcels} to TM-5 (timber mountain-five acre minimum parcels} for
', AP 63-01-102 located in Little Chico Creek Canyon, three miles south of Forest
Ranch was held as advertised.
Earl Nelson, Environmental Review Director, set ovt the background of this matter.
His department finds reasonable causes to require the EIR to further study the damage that
might be incurred. The area is a canyon area, very steep. They are concerned with
erosion, and problems to wild life habitat. They feel that an EIR is appropriate.
Hearingeopened to the public. Appearing:
1. Mr. David Parr, Humboldt County, brother of the applicant. He had
been requested by his brother to appear and sefi out their request. He has checked the
area and does mFOt see anything that cau;id be accomplished by an E.I.R. Tony
Santos had completed a white sheet in March of 1978 and he answers almost all
problems that might arise. Mr. Nelson stated that Appendix F was being-considered
at this meeting. Alternatives in the E.I.R, discussed.
Dan Blackstock, County Counsel, stated that procedurally, the Board
could only hear the appeal of the requirement for the E.I.R. at this hearing.
Hearing closed to the public and confined to the Board. Supervisor Dolan
stated that there are some questions about the rezone of this area; she felt that
the E.I.R. would answer those questions.
On motion of Supervisor Dolan, seconded by Supervisor Wheeler and
unanimously carried, appeal of requirement to prepare: an EIR in connection with
a request to rezone an 80 acre parcel from TM-40 (timber mountain-40 acre
minimum parcels) to TM-5 (timber mountain -five acre minimum parclas) for
AP 63-01-102 located in Little Chico Creek Canyon, three miles south of Forest
Ranch was denied.
79-71 APPEARiAfIVCE: GENE PENNE, CHICO CHAMBER OF COMMERCE
ene Penne, egis ative ice President of C ico C am r of Commerce,
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' January 9, 1979
_________________~~~ary_9~s9~9 =___-
stated that the Chamber of Commerce is prepared to work with the Board to
make the post-Prop 13 beneficial to all. Felt they should work together and get
the job done. Lines of Communication should be good lines between the County
and the Chamber of Commerce. He stated that he was present today to state that
the Chico Chamber members are going to do their best to work with the Board of
Supervisors . '
79--72 PUBLIC HEARING RAY WHEELER-APPEAL OF ADVISORY AGENCY
CONDITIONS 4 and 5 ON TENTATIVE SUBDIVISION MAP FOR WHEELER ORCHARDS:
60NTINUED TO JANUARY ~0, 1978'
The public hearing on the Ray Wheeler appeal of Advisory Agency conditions 4
and 5 on a tentative subdivision map for W_ heeler Orchards, 13 lots, AP 24-08-32
and 51, west side of Larkin Road between Sheldon Avenue and fJbermeyer Avenue,
Gridley, was continued to January 23, 1971:! at 11:15 a.m.
RECESS: 11:05
RECONVENED : I I :15
79-73 CONTINUED HEARING: JOSEPH A. & ARDENE H. MILLER-APPEAL OF
CONDITION NEGATIVE DECLARATION AND USE PERMIT TO ALLOW A NON-
PROFIT SCHOOL ON PROPERTY ZONED "A-5" (AGRI. FIVE ACRE PARCELS),
SOUTH SQ~E OF RACCOON RD., EABfiOF OROVILLE
The continued hearing of the Joseph A. and Ardene H. Miller appeal of
condition negative declaration and use permit to allow anon-profit school on property
paned !~A-5" (agricultural-five acre parcels) located on the south side of Raccoon
Road, approximately one mile east of Rockerfeller Road, I/2 mile south of Bald
Rack Road, identified as AP 71-02-61, east of Oroville, California held at this time.
Earl Nelson set out the background of this hearing and appeal. This has
been through numerous hearings. There are environmental concerns in this matter.
The concern relates to adequate access. There were mitigation measures
attached to the check list.
Bettye Blair stated that this was approved by the Board of Zoning Adjustment
and it was then appealed to the Board of Supervisors.
Hearing opened to the public. Appearing:
f. Mr. Joseph Schons, Berry Creek, neighbor of the Millers, stated
he objects to this school . He feels that the impact to the people in this small
valley will be a disadvantage to the people living there at present. The earth
is decomposed granite and melts during the rainy season. The only means of
ingress is Raccoon Road, which is dirty, dusty, bumpy and difficult to travel
during the summer and almost impassable during the winter months except by 4-wheel drive
vehicles, He wanted to know what the funding source was for this large building
program. There is a reservoir on the Miller property that could be potentially
dangerous in many ways, It is a hazard far the children and animals as it is
25' deep with steep sides. He would like to suggest that if the Board moves to
grant the permit to do so under control measures; that the road be completed by
summer and that the reservoir be done away with immediately. r
Page 50,
January 9, 1979
January 9 1979
2. Mr. Elton Coveyou, owner of the adjacent property to the Millers. He felt
that Mr. Schons had expressed the concerns of all the property owners in that area. The road
is only traversable by a 4-iwrrieel drive vehicle. One stuck vehicle would isolate
four families. There are no phones in the area. He further set out his apt"tier concerns
and objections,
3. Mrs. Rosanne Schons, asked how the application for a school could get to
be an application for arehabilitation-health center. She wanted to know if this
would be a convalescent hospital. She stated that the Millers had made no provision for heat
except wood stoves in the home; it would take tons of wood to heat this house. She
requested that the Board take great care in making a decision in this matter.
4. Mrs. Ardene Miffer answered the allegations made this morning. She
explained how the operation would be handled. This is a new concept; it is a type
of health resort. The patients will learn a different type life style. They will not
be operating the institution until the road is fixed. They do not plan to start with
many people. They will start with 10 or 12 students and about one-half dozen guests,
She explained the matter of the pool; it is located in a dry galley with a dam built to
hold back the water. This will be enclosed prior to their operating the school.
RECESS: The meeting was recessed at 11:50 for an exenntive session to discuss litigation.
RECONVENED: The Board reconvened at 12:20 following an executive session.
instructions were given to County Counsel regarding the litigation.
CONTINUATION OF HEARING:
Mrs. Miller was asked not to open the school until the road is completed.
The road as it is now is not good. She said they could improve the road with grading
and drainage ditches. The students will work with the guests. Mrs. Miller explained
who would be students. Prior to having guests, the students would have to pay their
room and board. When they begin to get the fees from the guests, then the students
will work off their room and board.
Concerns were expressed with the condition of the road. Mrs. Miller stated
that they would have a year to comply with the building of the road. They would like
to be accorded this year in which to build the road.
Supervisor Winston questioned Mr. Castleberry about the safety rules for dams.
The State controls dams; the County does not. Mr. Schons stated this is not a pond;
it is a reservoir. Before the school is started, the road will have to be finished.
One of the State people will be requested to check on the dam and see if it meets
their criteria.
Hearing closed to the public and confined to the Board. Supervisor Winston
stated he felt that there are honest concerns about the rondo It should be improved
to the 16' width. If the dam poses a threat and danger to the community, something
should be done about it.
It was moved by Supervisor Moseley, seconded by Supervisor Wheeler and
carried that the appeal of Mr. Joseph Schons be denied, provided however that the
mitigation measures be augmented ,with the addition of the additional measure that
Page 51.
January 9, 1979
_ -~
January_9~ 1979
the dam meet all governmental dam safety regulations; said mitigation measures are as
fol I ows:
I. An adequate water supply, tested on a sustained basis, shall be pvodided
for domestic use.
2. Raccoon Road shall be graded_to a minimum of I6 feet in width with
minimum gravel, and maintained traversable except during snow times. Upgrading
of this private access road shall include installation of adequately sized and properly
placed culverts where needed to prevent erosion of the road structures. Road improvements
must be completed print to use of property for school purposes.
3. A water storage facility for fire protection use shall be provided,
minimum 10,000 gallon capacity. The facility shall be maintained full of water '
yearround, and contain a gravity feed of a 2Z National Hose all-weather gated outlet. The
outlet must 6e accessible to fire engines yearround. Installation must meet requirements
of Butte County Pbblic Works Standard 5-29.
4. All future construction must meet Butte County Health Department and
Building Department requirements.
5. The population of the facility shall not exceed 50 students and guests,
plus l0 personnel.
b. 'A chain link perimeter fence shall be placed around the pond for safety
purposes.
7. Exposed sail surfaces shall be revegetated or otherwise stabilized to
prevent erosion.
$. All storm water runoff channels must be stabliized by installation of culverts,
riprap rock, orather effective means that will prevent or control erosion.
9. Grading activities shall be confined to the dry season of the year.
10. Building sites shall be located in areas of less than 20% slope to
protect the soil from disturbance and consequent erosion.
11. Dam must meet all govemmenta) dam safety regulations.
12. Provide articles of incorporation as anon-profit organization.
On motion of Supervisor Moseley, seconded by Supervisor Wheeler and
carried, that the Board finds that although the proposed project could have a significant
effect on the environment, there will amt be a significanteffect in this case because
the mitigation measures described above will be added to the project and a negative
declaration is therefore adopted, subject to the conditions; and that the project is
approved, subject to all the above set out mitigation measures.
RECESS: 12:55
RECONVENED : 1:50
Page 520
January 9, 1979
________________,laaus~r~c9tL9Z9 =__________________
79-74 ADDITIONAL COMMUNICATION
Fraser Lovett by Lippincott Surveying, Paradise. The Surveyor on behalf of
Fraser Lovett, appeals the Advisory Agency's contion #I on tentative
parcel map, AP 51-172-39, two parcels, east side of Oak Way,. 900 feet -
north of Bille Road, Paradise. Set for hearing on January 23, 1979 at 10:30 a.m.
79-75 PUBLIC HEARING: JAMES W. ARNOLD-APPEAL BY ROBERT VAUGHN, ET AL-
CONID;IT~~i~IAL:;NEC~A:Tdi~E,~Q66~LARA~I~I•nA•NDifJS.E,~.fE~RM~I~T~T~O:ALLOWAN AUCTION Y- ~'
YARD ON PROPERTY BETWEEN STATE HIGHWAY 99 and MYERS AVENUE, GRIDLEY
The public hearing on the James W. Arnold appeal y Robert Vaug n, et al,
conditional negative declaration and use permit to allow an auction yard on property
zoned A-2 (general) located between State Highway 99 and Myers Avenue, north of
Turner Avenue, identified as AP 24-I b, 24, Gridley, California was held as advertised.
Earl Nelson set out the background of this appeal. There are environmental
concerns and a conditional negative declaration is recommended. The property will
not have direct access onto Highway 94. There is no left turn lane at the site.
Landscape will 6e provided by the owner. Another concern relates to the potential
odor that will be from keeping live stack on the property. Main concerns set out by
Mr. Nelson.
Bettye Blair stated this had been approved by the Board of Zoning Adjustments.
A petition in opposition to this was presented at that hearing, but the petition cannot
be found.
Hearing opened to the public. Appearing:
I. Robert Vaughn, residing across from the proposed auction yard. He
explained how the petition had been prepared. The hand written notes from the
residents were taken to an attorney and he prepared the petition. Mr. Vaughn
stated that they would show slides at this time and that Mr. Ed McConnell would
explain each slide as it was shown, The first slide showed the relationship of the
proposed site with Gridley, Chico and Oroville.
2. Mrs. Beulah Robinson, Principal of Manzanita School. She stated that
they were concerned about the safety of the children that travel across the roads near
the auction yard site. The school board met-and they adopted the resolution, a
copy of which she ~prrssented to the Board members, in opposition to the use.
3. Mrs. Eleanor Jeffrys. She commented on the traffic near Manzanita
School. Sheds weigh master for Cox Station; they dlready have a hazardous condition
at that site. There are d lot of travelers on Highway 99. She feels that-there will be
a real safety problem with the children if this yard is allowed.
4. Mrs. Cathy Gallardo. She stated she has four children and lives close to
the site. She requested that-the Board consider the safety of these children prior
to making a decision to approve the request.
5. Mrs. Jewell Cantrell stated she has worked in auction yards and they have
property on Turner Avenue. The Board would have to be familiar with the area to
know of the dangers of having such an auction yard there. She spoke in opposition to
the use. Page 53.
January 9, 1979
-----------------Januar~r 9,_1979_
Mr. Ed McConnell stated he had driven down to look at the Galt auction yard.
The two sites are not comparable. The Galt site is in a cattle growing area. Access to
ithe site was shown on a slide.
6. Mr. Eldon Culley, Gridley, set out the background of the agricultural uses
in that area. He did not think this type operation would fit in with that area. This
use would disrupt the whale nature of the area.
7. Mr. James R. Arnold. He showed photo~:rhatshowed the cleanliness of the
',;operations in the other area. Idle set out other operations granted a use permit that would
'operate along the same lines as the auction yard, in similar locations. He explained the
traffic problem at Highway 99. Three other auction permits were granted an comer sites.
He did not think his operation would be creating anything out of the ordinary. The added
traffic would not add to the air pollution; daily-clean up operations wilt take care of fhe
odors.
Mr. Culley spoke concerning the petition that had been lost,
Mrs. Arnold spoke concerning the use; she felt that this site was a good location
'!for five stock auctions, Her husband operates everything with the utmost cl~eaniiness.
Mr. Vaughn spoke in rebuttal to the statements of Mr, and Mrs. Arnold,
Hearing closed to the public and confined to the Board. Supervisor Moseley
d that she had gone down and looked at the project, Something would have to be done to
Ile the traffic created by the project.
Supervisor Wheeler felt that this was really sad. The County is dealing with a A-2 zone
should not exist. It should have been rezoned prior to this date. She said she was not
that she could vote for this at this time,
Supervisor Dolan said she has a personnel problem with traffic problems in that
. She could not go along with this use because of the safety hazard..
On motion of Supervisor Dolan, seconded by Supervisor Wheeler and carried, the
;appeal of Robert Vaughn, et al, was upheld.
;RECESS: 2:58
~RECO N VF NE D : 3:00
'6 INFORMATION TO BOARD MEMBERS
Vice-C airman mston commented and acknowledged memos and letters that
were included in the Board members packets. Letter from Fred Davis to Bill Lawrence,
ccknowledged. Letter from Mr, Brown to Mr, Van Winkle complaining about data
processing acknowledged. Memos from Bill Lawrence, County Auditor, acknowledged.
Memo to City of Chico from Mr. Lawrence about sales tax errors discussed. The net
result is that the County owes the City of Chico. Mr. Mickelson will obtain more
information about this matter and will report back to the Board.
Supervisor Dolan summarized her memo about the area of cooperation between the
Page 54.
January 9, 1979
________________.~an~zar~v=91972.====______________
County and the City of Chicoo She feels that there are crucial reasons why this Board
should reconsider the rezone in the northwest part of Chico. There have been numerous
requests from the City of Chico to get together with the County to discuss these matters.
There are other large areas where rezoning has been delayed. This rezone will create
more inconsistencies. She felt that it was unnecessary to rush into this rezone. She
felt that it was pushed through and it puts the City of Chico and County into conflict
again .
Supervisor Winston objected to the statements made to the Board members by
Supervisor Dolan's memo, He said he has been intimately acquainted with the area in
Chico that was rezoned, since 1965. He has walked every edge of that area; he has
observed what has been going on }n that area. The area is zoned A-2 at the present time,
The land use element talks about paying attention to the present land uses for the land
in that area. A compromise was affected. Someone had to make the decision; the Board
did make that decision, The Board members did not rush this thing through.. He felt it
was about time that the county accept the compromise zoning and get on with it.
Supervisor Dolan set out her objections conceming the hearing for that area
and the decision that was made. She felt that a policy should have been set first before a
decision was made for the rezone in the northwest portion of Chico. Supervisor Winston stated
that the decision has been made and that is where it is at; it should be laid to resto
RECESS: 3:20 for an executive session to discuss lititation.
RECONVENED: The Board reconvened at 3:45 following an executive sessiono
Litigation was discussedo County Counsel was given instructions
conceming litigation involving the SB325 suit.
ADJOURNMENT:
There being nothing further before the Board at this time, the meeting was .
adjourned at 3:45 p.m. to reconvene on Tuesday, January 16, 1979 at 9:00 a.m.
ATTEST: CLARK A. NELSON, COUNTY CLERK
~~~~ ~ ~ r
BY~ ~+^--- Chairman of the Board
Asst. Clerk of the Board ~ _~~~-
Page 55.
January 9, 1979