HomeMy WebLinkAboutM012478January 24, 1978
STATE OF CALIFORNIA )
SS.
COUNTY OF BUTTE )
The Board of Supervisors met at 9:00 a.m. pursuant to adjournment.
Present: Supervisors Lemke, Madigan, Moseley, Richter and Chairman Winston.
Clif Nickelson, Administrative Officer; Dan Blackstock, County Counsel, and
Clark A. Nelson, County Clerk by Margie Catt, Asst. Clerk of the Board.
P1edgE of Allegiance to the Flag of the United States of America.
Invocation by Supervisor Moseley,
78-139 APPROVAL of MINUTES
On motion of Supervisor Moseley,
unanimously carried, the minutes were
on Pages 180 and 181, Item 78-123, to
gallons.
seconded by Supervisor Richter and
approved as mailed, with the correction
state 2,500 gallons rather than 25,000
78-11,.0 COMMUNICATTON_S
Geddis, DDriscoll and Associates. The Engineers, on behalf of Scott Rupp,
appeal the Advisory Agency's conditions one and five on a tentative
parcel map, AP 31-212-16, three lots, north side of Grand Avenue,
approximately 200 feet west of Sixth Street, Oroville. Set far hearing
on February 7, 1978 at 10:15 a.m.
Jim Shields, Durham. Mr. Shields writes in opposition to the pxoposed
sewer plant at the corner of Lott Road and Oroville-Chico Highway.
Info.
Warren Alton, Petaluma. Mr. Alton writes concerning the blocking of Sunset Way
in Paradise adjacent to his property. Referred to County Counsel for
action.
Biggs Memorial Hall Committee. The Committee requests that Ray Valverdi
and J. P. Quist be reappointed to the Biggs Memorial Hall Committee
and that Edward Gauger be appointed to replace Fred Lawrence as a
member. Terms of appointment are four years expiring December 31, 1981.
Put over one week to determine if Mr. Lawrence wants to be appointed.
Paradise Fire Protection District. The District writes in opposition to the
shift in funding for fire protection that has been proposed.
Tnformation.
Wesley D. Chipman. Mr. Chipman, executor of Charles E. Coupe {deceased)
requests that Mr. Coupe's property, AP 73-21-08, consisting of 102.80
acres of timberland be excluded from the timber preserves zone presently
under consideration. Refer to hearing to be held on January 31st.
W. L. Stile, Sr., Chico. Mr. Stile writes concerning the costs and preparation
of environmental impact report for his rezoning project.
See discussion and action following communications.
William P. Mace, Attorney at Law. An Alternative Writ of Mandate has been
received concerning the Feather River Hospital rezone.
Referred to County Counsel.
Maxim N. Bach, Attorney at Law. The Attorney, on laehalf of Kenneth Jenkins,
a minor, and his parents, Kenneth and Lucille Jenkins, file a claim in
the amount of $1,223,000 as a result of personal injuries, denial of
civil rights, etc. Referred to County Counsel.
Page 1$9.
January 24, 1978
_______________January_2(~,?37~----------_---__
Carl D. Lindberg, Redding. Mr. Lindberg sends notice of his resignation as
Executive Director for the Northern California Emergency Medical Care
Council. Supervisor Richter commented on the letter; discussed, no
action taken.
City of Chico. The City writes concerning two alternative locations for a
library in the Chico area. Put over until item comes up for discussion.
Sears-Porter Realty Company, Chico. The Company submits an offer for the
purchase of property located on the corner of East First Avenue and
Sheridan Avenue for a county library site. Put over until item comes
up for action.
Secretary of the Treasury. The Office of Revenue Sharing sends notification
of an alleged violation of federal regulations with regard to denied
employment of an individual because of physical disability. Referred to
Administrative Officer; County Counsel; and Personnel Officer for study.
Chico Area Commission for Women. They urge the Board not to send the letter
to President Carter objecting to the 1WY Conference. To be considered
later 'in the meeting.
Farrell D. Madsen. Requests that the Board give first consideration to the
East First Avenue library site in Chico. To be discussed and considered
later in the meeting.
David M. Handley. Requests that the Board reach a decision concerning the
Chico library site; request that the Board give first consideration to the
East First Avenue site. To be discussed later in the meeting.
Donald J. Blake. Reports on his attendance at the meeting of the Governors
Commission to Review California Water Law. Letter acknowledged; no
action taken.
League of Women Voters of Butte County. Encourages the Board to consider placing
the matter of appointment of certain county officers who are now elected
and whose jobs are mainly administrative on the ballot. Copies to be sent
to Board members and to Administrative Officer, with the Administrative
Officer being requested to report back next week with a recommendation.
Forest Ranch Volunteer Fire Department. They feel that there are two more steps
through Butte County which are necessary prior to commencement of
construction of the fire station. Copies to be made for Board members and
to be placed back on next week's agenda.
William Lawrence, County Auditor. Memo explaining the expense claim list and
requesting that the Board Chairman ratify the claims. Chairman Winston
signed the warrant list as requested.
Paradise Pines Property Owners Association, Inc. They write regarding
abandonment of public utility easements within the Paradise Pines
planned community. Referred to Public Works.
Public Utilities Commission. Opinion and Order extending Greyhound Lines, Inc.
services to Paradise on a permanent service basis.
141 UPHOLD BILLING OF BUTTE COUNTY ENVIRONMENTAL REVIEW DEPARTMENT: W. L. STILE,
SR., CH1C0
Letter from W. L. Stile, Sr., Chico concerning the cost and preparation
of environmental impact report for his rezoning project discussed. Supervisor
Richter feels the charges are legal.
On motion of Supervisor Richter, seconded by Supervisor Madigan and
unanimously carried, the Board upheld the billing of the Butte County
Environmental Review Department in the amount of X451.20, less X10.00
sent to W. L. Stile Ranches on their rezone request.
142 APPROVE AUDIT CONTRACT: LEASE AGREEMENT FOR EOC PROGRAMS OFFICE & TECHNICAL
CONSULTANT CONTRACT PRESENTED BY E%ECUTIVE DIRECTOR OF COMMUNITY ACTION AGENCY
On motion of Supervisor Moseley, seconded by Supervisor Richter and
unanimously carried, the following action was taken:
Page 190.
January 24, 1978
_ _ _ _ _ _ _ _ _ _ _ _ _ -- January 24i ?978== _ _ _ _ _ - _ _ _ _ _ _ _ _
1. Approved the contract with the firm of Matson & Isom Accountancy
Corporation of Chico in the amount of X2,950 to conduct an audit of Community
Services Administration and Health, Education and Welfare 1977 funds and the
Chairman was authorized to sign.
2. Approved the lease agreement for the rental of office space at 12/x.5 Lincoln
Street at a rate of ~Q00 per month for the period January 1 through December 31,
1978 and the Chairman was authorized to sign.
3. Approved the technical consultant contract with David Riley to provide
Head Start staff and parents with training in the area of understanding and
communications with children, for the period of January 17 through May 25, 1978
in a sum not to exceed $x/.,1,0 and the Chairman was authorized to sign.
78-11}3 APPROVE TECHNICAL CONSULTANT CONTRACTS: AUDREY DOWNES, BERNARD FLYNN
AND WITH LESLIE REININGER
On motion of Supervisor Richter, seconded by Supervisor Moseley and
unanimously carried, the following contracts were approved and the Chairman
authorized to sign:
1. Contract with Audrey Downes to provide training sessions to Head
Start parents in Chico and Mountain Base programs for the period January 17,
through June 1, 1978 in a sum not to exceed S$189.
2. A contract with Bernard Flynn to prepare audio visual and .written material
for the Parent Policy Council; to present a comprehensive view of the Head
Start program; and a brochure giving an overview of the Head Start operations
in Butte County for the period of January 17 through June 15, 1978 and not to
exceed the sum of X1,390.
3. A contract with Leslie Reisinger to arrange parent education training
sessions for Head Start parents and to assist teachers with parent meetings,
from January 17 through May 31, 197$ in a sum not to exceed X1,260.
78-1l,1,.APPROVE YOUTH COMMQNITY CONSERVATION & IMPROVEMENT PROJECT SUBGRANT: CETA YOUTH
EMPLOYMENT TRAINING MODIFICATION AND CETA TITLE II/VI M_O_DIFICATIONS
On motion of Supervisor Richter,~seeonded by Supervisor Madigan and
unanimously carried, the following action was taken:
1. Approved the Youth Community Conservation and Improvement Project
subgrant from the County of Butte to the Economic Opportunity Council in the
amount of X57,6$1 to operate the Youth Community Conservation and Improvement
Projects {YCCIP) program as a CETA subgrantee and the Personnel Director and
EOC Executive Director were authorized to sign.
2. Approved the CETA Youth Employment Training narrative modification to
permit testing of participants as an evaluation instrument as opposed to a
preselection requirement and Director was authorized to sign.
3. Approved modifications to CETA Title II/VI to switch veteran
participation emphasis to qualified Vietnam-era veterans under 35 and qualified
disabled veterans necessitating narrative changes; additionally, Prime Sponsor
Assurances and Certifications contain several changes relating to this
emphasis and sustainment of youth levels in Title I and authorized the
Director to sign.
78-145 APPROVE PURCHASE OF SHERIFF'S PATROL VEHICLE
On motion of Supervisor Richter, seconded by Supervisor Madigan and
unanimously carried, approved purchase of an additional Sheriff's patrol
vehicle under the same terms as the recent automotive bid to replace patrol
car #~2 that was damaged beyond economical repair recently, and authorized
transfer from reserve. Page 191.
January 21~, 1978
_ _ _ _ -- -January_2L~,_1978 _ _
78-1 6 APPROVE PURCHASE OF DTCTATTNG EQUIPMENT-PROBATION
The Probation Department requests the purchase of 25 dictating machines
at a cost of X4,572 in order to rep3~ace worn equipment and to provide for
efficient office operation, with funding to come from savings within the juvenile
court ward budget. Discussed.
On motion ofSupervisor Richter, seconded by Supervisor Moseley and
unanimously carried, purchase of dictating equipment for Probation Department
was apvproved in the amount of $4,572 and transfer of funds was authorized.
78-147 APPROVE BAR-O-BOYS RANCH CONTRACT
The Probation Department presented contract amendment with Del Norte County
reducing the number of contracted beds from ten to five which will result in a
savings within the juvenile court ward's budget of $G6,900.
On motion of Supervisor Lemke, seconded by Supervisor Madigan and
unana.mously carried, the Bar-0 Boys Ranch contract was approved and the Chairman
authorized to sign.
78-148 APPROVE WAIV[NG Ok' k'IRST READING OF ANIMAL CONTROL ORDINANCE
An ordinance has been prepared which will amend certain sections of the
County Code governing the control of animals as well as fee schedules. This
is to get the Cities and the County's rates on the same level.
On motion of Supervisor Madigan, seconded by Supervisor Richter and
unanimously carried, first reading of the animal control ordinance was waived.
78-149 APPROVE LETTER OF ALLOCATION: VETERANS SERVICE OFFICE
A letter of allocation with the State Department of Veteran's Affairs
has been prepared whereby Butte County will be allocated ~G13,087 for the 1977-78
fiscal year.
On motion of Supervisor Richter, seconded by Supervisor Moseley and
unanimously carried, letter of allocation for Veterans Service Office was
approved and the Chairman authorized to sign.
78-150 APPROVE LETTER TO PRESIDENT CARTER RE INTERNATIONAL WOMEN'S YEAR
CONFERENCE
A letter to President Carter and other officials has been prepared
concerning women's conference proceedings. Supervisor Richter felt the Board
should act on the letter. Supervisor Madigan felt the letter should be held
over as requested in the letters received by the Board.
Matter discussed.
On motion of Supervisor Moseley, seconded by Supervisor Richter and
carried, the letter to President Carter concerning women's conference proceedings
was approved, per copies ,giyen.~ to the Board members, and the Chairman was
authorized to sign. AXES: Supervisors Lemke, Moseley, Richter and Chairman Winston
NOES: Supervisor Madigan.
78-151 9PPROVE BUDGET TRANSFERS
On motion of Supervisor Richter, seconded by Supervisor Moseley and
unanimously carried, the following budget transfers were approved:
B-79 Community Action Program. This transfer establishes an appropriation
for the 1978 Head Start Program which has been approved by the Office of Child
Development. Total appropriation is X247,919 (federal aid, X198,335 and
matching in-kind, ~49,584)-
B-87 Purchasing. Provides a X150 appropriation from forfeitures with
Page 192.
January 24, 1978
- - - - - - - - - - - - - -JanuarY_2/~, _1978 - - - - - - - - - - - - - - -
a similar amount going towards special departmental expense as a result of
additional copies of plans and specifications for the Mental Health building
based upon revenue derived from the forfeiture of bidders deposits.
B-88 Biggs Justice Court. Transfers $2,250 from the reserve with X1,000 going
to jury and witness expense and X1,250 to professional and specialized services
to provide for unanticipated increases in jury and visiting judges expenses.
B-89 Chico Municipal Court. Transfers X2,200 from salaries and wages and
$600 from overtime, with X2,800 going to extra help in order to cover the cost
of extra help personnel.
78-152 APPROVE LETTER TO SHASTA COUNTY BD. OF SUPERVISORS CONCERNING STATE FUNDING &
FEDERAL EPA REQUIREMEI+ITS
A letter has been prepared to the Shasta County Board of Supervisors
concerning state funding and federal EPA requirements at the request of the Air
Pollution Control Hearing Board.
On motion of Supervisor Lemke, seconded by Supervisor Moseley and
unanimously carried, the letter to Shasta County Board of Supervisors concerning
State funding and federal EPA requirements was approved and the Chairman
authorized to sign.
q$.-153 APPROVE RENEWAL OF VARIANCES FOR MOBILEHOMES: BILL COOPER & LOUISE LUCAS
On motion of Supervisor Lemke, seconded by Supervisor Moseley and
unanimously carried, the follo%ii.ng action was taken:
1. Approved the renewal of variance to Section 19-10 and~or 19-12 of the
Butte County Code for placement of a mobile home on AP 22-24-112, Route 2,
Box 621~C-1, Grace Road, Gridley; zon:i.ng A-2, for Bill Leon Cooper.
2. Approved the renewal of variance to Section 19-10 and~or 19-12
of the Butte County Code for placement of a mobile home on AP 5d-29-23,
5708 Copeland Road, Paradise for Louise Lucas.
78-154 PUBLIC HEARING: NOTICE OF INTENTION TO PURCHASE CHICO LIBRARY SITE-
EAST FIRST AVENUE AND SHERMAN, AP 45-15-100
The notice of intention to purchase Chico library site-East First Avenue
and Sherman, AP L,.5-15-100, held as advertised. It was stated the County would
have to share the parking on one-half acre of the property with the Masonic
Lodge. Use of parking discussed. Supervisor Richter stated he had never
received the memo from County Counsel in which he states that the Park site
was in litigation.
Hearing opened to the public. Appearing:
1. City of Chico Councilwoman Mardi Worley, representing the City of
Chico, read the letter from the City. She explained what the City of Chico
would do concerning the purchase of the site. The City would make up the
difference in the purchase price of the site. The Board felt they should have
a definite commitment fram the City of Chico that they will pick up the difference
in costs for the acquiring of the property for the library.
Plans for parking in the Chico area set out by Mrs. Worley.
Hearing continued until after next hearing.
78-155 PUBLIC HEARING: MC CAIN ASSOCIATES-APPEAL OF -ENIED DRAFT ENVIRONMENTAL
IMPACT REPORT & USE PERMIT TO ALLOW A SEWAGE TREATMENT FACILITY FOR BUTTE CREELS
ESTATES SUBDIVISION UNITS 2, 3, ~+ & 5 ON PROPERTY ZONED "A-5" -CORNER OF LOTT
ROAD & OROVILLE-CHICO HIGHWAY DURHAM
The public hearing nn the McCain Associates appeal of denied draft
Page 1g3. January 21~, 1978
January 24i 1978
environmental impact report and use permit to allow a sewage treatment
facility for Butte Creek Estates Subdivision Units 2, 3, 4 ~ 5 on property
zoned "A-5" (agricultural, 5 acre parcels) located on the southeast corner
of Lott Road and Oroville-Chico Highway, identified as AP 40-08-10 and 11,
Durham was held as advertised.
Earl Nelson, Environmental Review Director, was present and set out
the background of the matter. Letters of opposition have been received by the
Board members and by Mr. Nelson.
Hearing opened to the public. Appearing:
1. Everd McCain. He stated that the storm drainage was of concern. It
was requested that all excess drainage be pumped into Butte Creek. He set out
the alternate proposal to connect with City of Chino sewers. Alternate has been
studied in detail. Plan explained by Mr. McCain. Total cost would be approximately
x$500,000. The City of Chico has assured them this would be feasible. The City
is in the process of reenforcing this feeder line for this area. The plan
would require two pumping stations to drain this area. There will be over
900 lots that would be served by this line. Payback of the funds discussed.
It is suggested that public funds be used to fund the line and that the
developers would pay back funds that are used. Mr. Castleberry and Mr. McCain
could bring back to the Board details of the boundaries and the payback plan.
At this time, Mr. McCain withdrew his application for the use permit
if the proposal is accepted.
Matter discussed. It was felt that this should be sent back to the
Subdivision Committee for them to consider the E.I.R.
Matter of E.I.R, referred back to the Subdivision Committee for action
on the E.I.R. and with a report to be brought back to this Board.
Supervisor Richter felt that the contribution from Butte Creek Estates
should be the same as the costs would be far the sewer plant. Mr. McCain
stated that their contribution would be greater than the others at this time.
Appearing:
1. Jan Holman, Rt. 2, Box 322, Durham. She thanked the Board for their
action.
2. Gary Lawler, Director o£ Butte Creek Estates.
3. Robert Skellin, President of Durham Mutual Water Company. He stated
that the Subdivision would be respansible for any contaminants that might be
caused to their water.
Earl Nelson stated that the legal question has come up as to whether
the subdivision could be approved based on a sewer plant that has been approved
for an E.I.R. There would have to be a E.T.R. on the sewer plant.
4. Louis Camenzind, Jr. Rt. 1, Box 275, Durham. Thanked the Board
for their action in this matter in the accepting of the withdrawal of the
application of the use permit.
Hearing closed to the public and confined to the Board.
No action taken other than set out above.
RECESS: 10:13
RECONVENED: 10:15
78-156 PUBLIC HEARING ON INTENTION TO PURCHASE CHICO LIBRARY SITE RESUMED
The public hearing on the intention to purchase Chico library site-
Page 194. January 24, 1978
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East First Avenue and Sherman, Chico resumed at this time. Hearing opened to
the public. Appearing:
1. Mr. Ed Masterson, Chico Chamber of Commerce. He stated that in
the past they had supported the First and Sherman site. Since then new
evidence has surfaced. He had a Ad Hoc Committee do a study of the many sites.
The Chamber now supports and recommends that the Board consider the Bidwell
Park site. He felt this should be placed on the June ballot. Supervisor
Richter said he did not feel that the people of Oraville or Paradise should be asked
to vote on the site of the Chico library.
2. Mr. Granvelle Knox, representing Sears-Porter Realty. They represent
the owners of the property adjacent to the East First Avenue and Sherman site.
They offer their site for consideration.
Hearing closed to the public and confined to the Board.
Jo Terry, County Librarian, stated she had given the Board members data
on the site proposals. She feels that in the interest of the people, the County
needs to get on with the selection of the site. Her recommendation was that the
Board accept the East First and Sherman site.
The letter from the City of Chico requested the hiring of an architect;
letter discussed. It was felt that the discussion with Jo Terry went into
matters not previously discussed and that the hearing should be re-opened to
allow others to speak on the matters.
Hearing re-opened.
Mrs. Worley asked about future expansion; current and future library
needs should be considered. Parking expansion discussed.
Mr. Jim Owens, Sheridan Avenue. He asked if the County could go into a
second story on the building, if expansion becomes necessary. Use of parking
lot questioned. Mrs. Terry felt that libraries should be built as functional
as possible and should be build on a one-story level. This is due to the staffing
needs.
Mr. Justin Smith, Chico. He is the owner of the parcel proposed by
Sears-Porter Realty. His concern is with the spending of the tax dollars;
he felt they should be well and wisely spent.
Mr. Masterson questioned the Board about the future expansion needs
of the library.
Hearing closed to the public and confined to the Board.
Supervisor Richter felt that it was a good point about the sharing
of the parking lot; felt that an analysis should be made of this situation.
The library would be built along the frontage of the property. The First
Avenue site has more frontage than the other site offered by Sears-Porter.
The Board does not have a firm commitment from the City of Chico, and
based on the comments made by County Counsel relating to the Bidwell Park
site, the following motion was made:
It was moved by Supervisor Richter, seconded by Supervisor Madigan and
unanimously carried, negotiation for the acquisition of the East First Avenue
and Sherman site was authorized, which would include the condemnation proceedings.
Page 195. January 2L~, 1978
_ _ _ _ _ _ _ _ _ _ _ _ _ _ ,Lanuary Z4~1178 - - - - - - - ~ ~ ~ ~. ~ .. -
157 PUBLIC HEARING: ELLEN T. WATSON-APPEAL OF CONDITION #1 OF NEGATIVE DECLARATION
AND USE PERMIT TO ALLOW CONVERSION OF GUEST HOME FACILITIES TO A SINGLE
APARTMENT, N/S NUNNELEY ROAD, PARADISE
The public hearing on the Ellen T. Watson appeal of condition #1 of negative
declaration and use permit to allow conversion of guest home facilities to a
single apartment on property zoned "A-2 Limited" located on the north side of
Nunneley Road, approximately 300 feet west of Satmdll Road, identified as
AP 53-33-132, Paradise was held as advertised. Earl Nelson, Environmental
Review Director, set out the background of the E.Z.R.
Hearing opened to the public on the negative declaration. Appearing:
no one. Hearing closed to the public and confined to the Board.
On motion of Supervisor Lemke, seconded by Supervisor Moseley and
unanimously carried, it was found that the proposed project could not have a
significant effect on the environment, and a negative declaration is recommended.
Hearing opened on the use permit, appeal of condition No. 1 which would require
the curbs, gutters and sidewalks. This property is within the rural area.
Hearing opened to the public. Appearing:
1. Mr. Eaxl Bailey, MAC member. MAC has made a study of this property
and they found that there are no other curbs or gutters within a 9/lOths of
a mile area. It .is their feeling that the County should not demand that these
improvements be installed.
Clay Castleberry, Director of Public Works, stated that there is a draft
ordinance being prepared that would set out where these improvements would be
required. Sawmill was not one of the urban roads being considered. It was
felt that a study of the whole community of Paradise should be made to see where
improvements should be required.
2. Mrs. Ellen Watson, applicant. Set out the justifications for her
request.
Hearing closed to the public and confined to the Board.
Supervisor Zemke stated that the County is working on an ordinance
to handle the properties in Paradise. He hoped that the proposed ordinance
would take care of the problems.
On motion of Supervisor Lemke, seconded by Supervisor Moseley and
carried, the Board upheld the appeal of Ellen T. Watson concerning condition
No. 1 requiring curbs, gutters and sidewalks.
AYES: Supervisors Lemke, Moseley and Chairman Winston
NOES: Supervisors Madigan and Richter
.158 PUBLIC HEARING: CARL H. WORTHINGTON-APPEAL OF APPROVED NEGATIVE DECLARATION
AND USE PERMIT TO ALLOW AN APARTMENT ON PROPERTY ZONED "TM-5't (TIMBER MOUNTAIN
5 acre parcels) LOCATED ON SOUTH SIDE OF PRIVATE ROAD APPRO%iMATELY 1/2 MILE
EAST OF INTERSECTION WITH SKYWAY AT DE SABLA STORE, NORTH OF PARADISE
The public hearing on the Carl H. Worthington appeal of approved
negative declaration and use permit to allow an apartment on property zoned
"TM-5" (timber mountain 5 acre parcels) located on the south side of a private
road approximately 1/2 mile east of its intersection with Skyway at the
DeSabla store, identified as AP 65-07-21, north of Paradise was held as
advertised. Ms. Bettye Blair, Planning Department, stated that the Board of
Zoning Adjustment heard this as an apartment request and approved the project.
This approval of the project is nc~yrageeiA~ appealed.
1~ January 24, 1978
___________ ===January=24,=1~7$_ _______________
Hearing opened to the public on the negative declaration. Appearing:
1. Mrs. Betty Way, Paradise. She stated the residents want this as a
single family resident area. They do not want apartments in the area.
2. Mrs. Ednamae Forcloth, Paradise. She stated her concern about the
watershed and the added traffic on the dirt road. The residents feel that if
this door is opened, there will be other requests for multiple family dwellings
and that they do not want.
3. Mr. Carl Worthington. He stated that his home is being built; the
apartment is part of his home and will have no added effect on the trees or
the road. -His sister is going to live with them.
Hearing closed to the public on the negative declaration.
On motion of Supervisor Lemke, seconded by Supervisor Moseley and
unanimously carried, it was found that the proposed project could not have a
significant effect on the environment and a negative declaration is recomm~ned,
subject to the requirement for the water storage facility and for the approved
swimming pool connection.
Hearing on the use permit now opened to the public. Appearing:
1. Mrs. Betty Way, stating the residents object to the multiple
family dwelling.
2. Carl Worthington. The building is already built and the apartment
is ready except f~.r the kitchen. He is merely requesting permission to install
the added kitchen within his home for use by his sister.
Hearing closed to the public and confined to the Board. Time spent
discussing the use permit and other ways the matter could be handled.
It was moved by Supervisor Lemke that the appeal of Betty Way for
denial of the use permit to allow the apartment be upheld. Motion dies
for lack of a second.
It was moved by Supervisor Richter, seconded by Supervisor Madigan
and carried, that the appeal of Betty Ways be denied concerning the use permit
for Carl H. Worthington to allow an apartment on property zoned °TN=S" (timber
mountain 5 acre parcels) located on the south side of a private road approximately
1/2 mile east of its intersection with Skyway at the DeSabla store, identified
as AP 65-07-21, north of Paradise, subject to the conditions set out below,
with the findings that the use is consistent with the General Plan and will
not impair the integrity of the zoning and Trill not be injurious to the health,
safety and welfare of the residents:
1. Provide four off-street parking spaces {each 10' x 20')
designed in accordance with the attached standards.
2. Pursuant to Butte County Code, Chapter 20, Section
13.02-1, pertaining to Lots 1 - 1.99 acres in size
for 1 to 4 lots, Butte County Fire Department recommends
approved swimming pool connection or other storage
facility. Fire Department connection to be as specified
in Standard 529, Butte County Public Works.
A Applicant must also comply with all other applicable
State and local statutes, ordinances and regulations.
Page 197.
January 2L~, 1978.
___ __________Js,nuary=2L~, 1~7$====___________
___
A~CEa:; 5~pervsors Madigan, Moseley, Richter and Chairman Winston
NOES: Supervisor Lemke
78-159 PiTBLIC HEARING: STEVE E. HPSS-APPEAL OF ENVIRONMENTAL REVIEW DIRECTOR'S
DETr~tMINATION THAT AN ENVIRONMENTAL IMPACT REPORT BE REQIIIRED FOR A REZONE
FROM "S-H" (SCENIC HIGHWAY) TO "A-2 LIMITED" (LIMITED GENERAL) TO PROVIDE FOR
A STORAGE FACILITY FOR RECREATIONAL VEHICLES AND BOATS ON AP !,l-L~7-59, WEST
SIDE OF PENTZ-MAGALIA HIGHWAY PARADISE
The public hearing on the Steve E. Hess appeal of Environmental Review
Director's determination that an environmental impact report be required for a
rezone from °S-H" (scenic highway) to "A-2 Limited" (limited general) go
provide for a storage facility for recreational vehcies and boats on AP l,l-~.'7-59,
west side of Pentz-Magalia Fiighwr~3ti~`approximately one mile north of Lime Saddle
Marina, Paradise was held as advertised. Earl Nelson ran through the reasons
why the Environmental Review Department felt the E.T.R. was necessary.
Supervisor Zemke stated that a number of months ago he made the request
that this area be removed from scenic highway zoning. He explained this request.
He wanted to know what had happened to his request. Mrs. Blair explained what
they had been doing regarding the request. The General Plan for that area does
not designate it as scenic highway; it is designated as open land area. She
stated that the "A-2 Ltd." also would not be in conformance with the
General Plan.
Hearing opened to the public.
Appearing:
1. Steve Hess. He feels that the zoning should be changed for development
in the area. It is not grazing land. Because of the Lime Saddle Marina, the
land should be developed. He does not want to spend the money for an E.I.R.
The ability to use his property should be considered.
Zoning explained to Mr. Hess. Chairman Winston stated that the Planning
Department will be looking at this area and will properly zone the property to
place it in conformance with the General Plan.
Hearing closed to the public and confined to the Board.
On motion of Supervisor Richter, seconded by Supervisor Lemke and
unanimously carried, the appeal of Steve E. Hess of Environmental Rev9.ew Director's
determination that an environmental impact report be required for a rezone from
"S-H" (scenic highway) to "A-2 limited" (limited general) to provide £or a storage
facility for recreational vehicles and boats on AP L~1-47-59, west side of
Pentz-Magalia Highway, approximately one mile north of Lime Saddle Marina,
Paradise was denied.
On oration of Supervisor Lemke, seconded by Supervisor Richter and
unanimously carried, Planning Commission was requested to expeditiously
look into the above mentioned area in question, especially the 7-mile strip
for rezoning purposes and to make application for a change to the Ceneral Plan.
Mrs. Blair stated she would like a list of priorities on the projects
requested. The department is limited because of lack of staff. Supervisor
Richter said he would look favorable on a request for outside help. to assist
them in these matters. Mrs. Blair stated that the Planning Commission is
going to ask the Board to place a man in Earl Nelson's Office to handle the
requests.
The Board said they.wou].d await a written request from the Planning Department.
Page 198. •
January 2¢, 1978
_ _ _ _ _ _ _ _ _ _ _ _ _ _ January 24Z 1978_ _ _ _ - _ _ - - - - - - - - -
78-160 APPEARANCE: JAMES HANSON, OROVILLE
James Hanson, Oxoville, said first he would like to compliment Supervisor
Madigan on the care that the Enloe Hospital had given to him while a patient there,
as he knew that Supervisor Madigan was 'a Director on the Hospital Board. He
stated he has never received better care.
Secondly, at the last Board meeting he had attended, he had questioned
the Board .re seeding of the clouds for rain. He would like the Board to take
the matter up with the P.G.& E, crowd. They have gone ahead and seeded the
areas that feed the Shasta and Droville Dams.
Another point he would like to inform the Board about was his conversation
with an elderly senior citizen. She has been taxed for her mineral rights on
property. She has not worked the property and let her interest in it die and
did not feel she should be taxed. She is being taxed for her possessory interests
in the property. Mr. Hanson is going to study the matter and will report back to
the Board. The Board requested that they be given copies of the documents that
Mr. Hanson had relating to this matter.
78-161 APPEARANCE: MR. MIKE BUSH
Mr. Mike Bush spoke to the Board about the conversion of Federal Housing,
which had been discussed at a meeting in December. At the time of the last
discussion, it was stated that there was only three families that needed to
be moved. That is wrong. There are ten families that need to have houses
found for them. The eviction notices expire on January 29th. The Administrative
Officer was requested to contact the officials and report back to the Board on
the matter.
78-162 APPEARANCE: DON BLAKE RE GOVERNOR'S MEETING IN FRESNO ON WATER LAW
Don Blake summarized the letter received by the Board this morning
relating to the Governor's Commission to Review California Water Law meeting
held in Fresno. He explained what had happened at the meeting. The Commission
was requested to go very slowly on any changes in the water law. He felt
that something should be done about this matter. Discussed; no action taken.
78-163 LETTER TO PRESIDENT CARTER RE TWY CONFERENCE
Chairman Winston read the letter addressed to President Carter regarding
the 1WX conference, for the benefit of the ladies in the audience. The lettex
requested that an investigation be made into the irregularities at these
conferences. Appearing to speak regarding the letter:
1. Mrs. Harriett Weir, Secretary-Treasurer, Chico Area Commission for
Women, stated she had attended the meeting last night of the University Women.
They are requesting time to investigate the selection process. She invited
the Board members and the press to attend a meeting to be held in Chico at
which time Anita Miller will speak.
2. Mrs. John Clark, Chico named the five State organizations involved
in the conference. It is their feeling that a true cross-section was not
represented at the conferences.
3. Mrs. Cynthia Hardy, Oroville, also extended an invitation to the
Board to attend the Prv-Family Meeting to be held in Sacramento on February lst.
78-164 ACTION FORMATION OF WOODRIDGE ASSESSMENT DISTRICT: RESOLUTIONS 78-10
THROUGH 78-17
Robert Brunsell, of the lak°firm of Sturgis, Ness & Brunsell, a professional
corporation Special Bond Coxinsel, appeared to go over the proceedings to be taken
by the Board of Supervisors in connection with the Woodridge Assessment District.
It is proposed to construct streets, together with related improvements, and a
system of domestic water supply "age nJ.9y e boundaries of an area generally known
as Woodridge. January 2Q, 1978
_ _ _ _ _ - - _ ... - _ - -January_24s_1978
-----------------
On motion of Supervisor Richter, seconded by Supervisor Madigan and
unanimously carried, the following action taken:
1. Filed Petition
2. Filed certificate re Petition
3. Adopted Resolution 78--10 accepting petition.
4. Filed the Boundary Map.
5• Adopted Resolution 78-11 approving boundary map.
6. Adopted Resolution 78-12 approving agreement with Special Bond•
Counsel, with agreement attached.
']. Adopted Resolution 78-13 appointing project engineer and
authoriBing execution of agreement, with agreement attached.
8. Adopted Resolution 78-14 setting time and place of hearing for
determining public convenience and necessity, setting March 14, 1978 at 11:15 a.m.
as time for said hearing.
g. Adopted Resolution 78-15 of Intention.
10. Filed engineers report, assessment and diagram, together
with plans and specifications.
11. Adopted Resolution 78-16 accepting report and setting hearing
of protests to be held on March 14, 1978 at 11:15 a.m.
12. Adopted Resolution 78-17 calling for construction bids to be
received on February 23, 1978 at 11:00 a.m.
13. Filed letter of commitment from Birr, Wilson & Co., to purchase
improvement bonds.
14. Filed Notice of Improvement.
15. Filed Notice to contractors.
78-165 OPTION AGREEMENT FOR WATER PURCHASES: PUT OVER ON E WEEK
An option agreement has been prepared with the Pacific Gas & Electric Company fl
for the purchase of up to 23,500 acre feet of water per year for 40 years.
Dan Blackstock, County Counsel, explained the procedure to be followed in
the matter.
Put over one week.
166 ADOPT RESOLUTION 78-18 in opposition to senate bill 346
The Water Advisory Committee forwards its minutes of.January 10 and
a resolution recommending opposition to Senate Bill 346. The Committee requests
that the resolution be forwarded to appropriate state representatives.
On motion of Supervisor Madigan, seconded by Supervisor Moseley and
unanimously carried, Resolution 78-18 in opposition to Senate Bi11 346 was
adopted and the Chairman authorized to sign, with copies to be forwarded to
the appropriate state representatives.
•167 APPROVE LETTERS TO STATE REPRESENTATIVES CONCERNING REGULATIONS WITH REGARD
TO ISSUANCE OF SPECIAL BURNING PERMITS
Letters have been prepared to be sent to state representatives concerning
regulations with regard to the issuance of special burning permits. Joe Bandy,
Ag Commissioner, explained the regulations; they are taking exception to them.
Regulations explained and discussed.
On motien of Supervisor Richter, seconded by Supervisor Moseley and
unanimously carxied, letter addressed to Stan Statham, State representative
from the County, was approved and the Chairman authorized to sign.
Page 200.
January 24, 1978
January 24, 1978
•_168 AUTHORIZE AN ADDENDUM TO THE CUSSICK AVE. DRAINAGE CONTRACT BID TO INCLUDE
STORM DRAIN LATERAL ON NORTH SIDE OF LASSEN AVENUE
On motion of Supervisor Richter, seconded by Supervisor Madigan and
unanimously carried, an addendum to the Cusick Avenue drainage contract bid to
include a storm drain lateral on the north side of Lassen Avenue extending
approximately 1000 feet east from Cusick Avenue drain was authorized and
Public Works was authorized to perform a cost-benefit analysis on the Cussick~
Lassen drainage facilities.
169 APPROVE NOTICE OF COMPLETION: SKYWAY BRIDGE ACROSS LITTLE CHICL BUTTE CREEK
DIVERSION CHANNEL, PROJECT N0,_51261-76-3
On motion of Supervisor Lemke, seconded by Supervisor Madigan and
unanimously carried, the work of Thomas 0. Stewart for the construction of a
four-span, reinforced concrete flat slab type highway bridge supported on
driven piles, Skyway bridge across Little Chico-Butte Creek Diversion Channel
was accepted, Chairman authorized to sign the Notice of Completion and the
Clerk instructed to record said Notice of Completion with the County Recorder.
170 PUBLIC WORKS INFORMATION ITEMS: REPORT ON SWEDES FLAT ROAD, ETC.
• ~~ ~~~~ ,,. 1,,,•• Report ~~on Swedes Flat Road upgrading and costs. Clay Castleberry,
Director of Public Works, reported on this matter. He has written a report
for the Board about what should be done to make this a reasonable access. It
will cost money. He suggested that if there is a source of revenue, the work
should be done.
Mr. Mike Pearce, Swedes Flat Road, citizen of that area, felt that
development had been allowed to be made without the County roads being
maintained. There have been parcels allowed recently to be created. There
had been same illegal subdivisions created in that area. There are 400 parcels
up in the Swede Flat-Hurleton area, Mr. Pearce stated. There will be a meeting
Wednesday night, January 25, 1978 at the Bangor Hall to discuss the roads in the
area. During bad weather, school buses are not allowed on the roads because of
unsafe conditions.
X344,000 is needed to make this into a reasonably safe road, Mr. Castleberry
reported. The immediate problem of maintenance should be handled now.
Mr. Pierce stated that the District Attorney has collected funds as fines
from the people who illegally created some of these parcels in the amount of
over X200,000. The Board had reduced Public Works budget last budget session
by X300,000. These residents are now requesting that the Board ~ place these
funds back into Public Works budget to do this taork on Swedes Flat Road.
Supervisor Richter suggested that the Board adopt a policy that there
will be no more building permits issued in that area until the roads are
made safe for the residents.
It was moved by Supervisor Richter, seconded by Supervisar Madigan and
carried that a motion of intent be adopted not to issue any more building permits
in the Swedes Flat Road area, because of the matter of access, until the road is
maintained and for Public Works to bring back a map delineating the area
involved, and that a building moratorium be declared.
AYES: Supervisors Lemke, Madigan, Moseley, and Richter
NOES: Chairman Winston
Time spent discussing maintenance of the road.
b. Report on housenumbering~street name change letter. Put over
one week.
Page 201.
January 24, 1978
January 24, 1978
Chairman Richter suggested that the fines collected out of the illegal
parceling cases be placed in a fund and have Public Works come back with a
recommendation on how the fund should be used. Mr. Castleberry stated he
would make a recommendation.
Board members stated they would go with Mr. Castleberry and inspect
the road.
Mr. Frank Costello, Oroville, spoke concerning the creeks that cross
the road making it impossible to traverse the road. He requested that the
road be made safer for the public to travel across to and from work or school.
78-171 REJECT CLAIM OF RDY E. HALL
On motion of Supervisor Richter, seconded by Supervisor Madigan and
unanimously carried, the claim of Roy E. Ha11 in the amount of X102,000 was
rejected and referred to County Counsel.
78-172 INFORMATION ITEMS FROM COUNTY COUNSEL
Dan Blackstock, County Counsel, reported that the County had
prevailed in the case of Horn vs. County of Butte.
Mr. Blackstock reported that the County had been served in two cases
recently: Craig Moore Town matter and the other Fortier vs. County of Butte.
78-173 APPOINTMk~FTS_ TO BIKE STUDY COMMITTEES IN CHTCO, OROVILLE & PARADISE
Chairman Winston appointed the following to the B~ ~ ~ " _..• ..,._...,_
~ke~Study Committee:
1. James E. Bidderman 53~.-0$03
3469 Ashley
Oroville, CA. 95965
2. Richard A. Ingram 533-3232
2760 Center Street
Oroville
3. Eric Nichols 533-3721
2457 Quincy Road
Oroville
Supervisor Madigan appointed the following to the Bike Study Committee:
1. Mrs. Gerta L~ydon~
2940 San Verbena Way
Chico , Ca. 95926
2. Charles Geshekter
16 .oy Lane
Chico, Ca. 95926
174 ADOPT SECTIONS OF POLICY AND PROCEDURE MANUAL
On motion of Supervisor Richter, seconded by Supervisor Lemke and
unanimously parried, Sections 33.01 through 35.19, Policy and Procedure Manual,
was adopted., provided it includes South Oroville and Chapman area.
•175 DISCUSSION OF ENVIRONMENTAL REVIEW PROCESS
Discussion of Environmental Review process put over one week.
Chairman Winston stated that on two occasions he had conferred with
Mr. Nelson about the adviseability of taking care of matters, not as they are
received, but handling the easy ones first and then taking care of the difficult
ones. He understands from several sources that there are delays in this process
Page 202.
January 24, 1978
January 2.42 1978
and in the matter of concurrent processing between Environmental Department,
Planning Department and Public Works. Chairman Winston stated he has asked
for a concurrent rundown on how maps are handled; he felt the whole process
should be assigned to be analyzed. Something has. to be done in the matter.
Mr. Nelson should be directed to not necessarily take items in order but take
care of the ones that will be no problem first. Nr. Nickelson will assign this
matter to an Administrative Analyst for study and report back to the Board.
176 COUNTY COUNSEL TO FILE INNNCTION RE STEIFFER MINE
On motion of Supervisor Lemke, seconded by Supervisor Madigan and
unanimously carried, County Counsel was authorized to file an injunction
in the Steiffer Mine cage.
177 MATTERS PRESENTED BY BOARD MEMBERS
Supervisor Madigan stated he had been voted back on the RGRC executive committee
He has been requested to go to a meeting in Southern California regarding
forest practices. Tt will be a four-day meeting.
Supervisor Madigan stated that water on the E1 Monte Bridge area did go
above the red line; it had been stated in the paper that it never went over the
red line.
Supervisor Moseley asked if the
to represent the County at the water
will send a representative. Mr. B1a
representative at the meeting in Fre
Works Director was always going
gs, e Water Rights Committee
not des ated as the County's
ADJOURNMENT:
There being nothing further
was adjourned at 1:40 p.m, to re
the
on
~niq' ~zme' ~ one/meets ng
J ~.. 31 ~j8 at 9:00 a.m.
ATTEST: CLARK A. NELSON, COUNTY
By:
Asst. Clerl o the Board
l/L ~
the
Page 203.
January 2/~., 1978