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HomeMy WebLinkAboutM020177 February I, 1977 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, Winston and Chairman Richter. Clif Mickelson, Administrative Officer; Dan Blackstock, County Counsel, and Clark A. Nelson, County Clerk, by Margie Catty Clerk of the Board. Pledge of allegiance to the Flag of the United States of America. Invocation 6y Supervisor i.emke 77--204 RESCIND ACTION RE REIMBURSEMENT TO CITY OF CH1C0 RE SALES TAX ' It wets rnovodby.• Supervisor i0an.and seconded y. Supervisor Richter'~that' $oard-action ~aloen°iatdhe• ~anvcry 25thm~eting regarding Poymant af•aalel; toxto the- ,s-' •• City_-~f Cbioo-baid~to tF~e Cou~ty.:drrcneously'~y:tiie State.be rescinded:untiI County_,. receives 9esol:opiniomfrom Attorney Generpl r ..Kali •cp11 held until written -opinion is • ' ~' ' ' •:received'frorirCountyiCbunsbl~. '_ " `77'~Zt35~FP1t01TAt OF'1ufirNI~TES'._ -• ----~---•---____.,.,._ ~.--- _~ ,...~;. On motion o Supervisor Winston, seconded by Supervisor Lemke and unanimously carried, the minutes of January 25, 1977 were approved as mailed. 77-20d cOMMUNICATIONs C ico Wor Training Center. Joseph Campbell, executive director, asks that business C! S`. 4~ license be waived for secondhand store at 2233 Fair Street. See motion following communications. Chico Library Commission. Commissioner John Lewis requests Board place library site ~~ ~a~ acquisition as priority item on your land Acquisition and building construction progran-. Sites discussed. Suggested that 5 people should be appointed to study uses of I~venue Sharing. Committee to be appointed . Sears-porter RaAIty, Chico. The Firm makes offer to sell parcel of land, including ~3~~ ~Qd several acres at First Avenue and Sheridan, in Chico to the County for 3 a library site. Committee to be appointed next week. Administrative Officer to answer this letter and the one above setting out matters discussed. Graves, Geddis, and Driscoll -appeal requirements for curbs, gutters and sidewalks for !r 3; ~ ~ parcel mop (AP 31-232-05}. Set far hearing on February 15, 1977 at 9:45 a.m. ~bOJ~-~' ii3.oo ~~'s• Od I~3'p0 113-~~ Goldstein, Barceloux B~Goldstein, Chico. The Firm, on behalf of claimants, make claim against the County in the amount of $100,000 pins resulting from accident on Ord Ferry Road approximately .2 miles west of Hanson Court on November 14, 1976. See motion following communications. Gilbert Prince. Urges Board to reconsider action concerning the reorganization of Planning Commission; read, no action taken. Jerry Balasek, Paradise. Urges Board to delay vote regarding reduction of Planning Commission. Read; no action taken. 1im Flood. Suggest that Board delay action regarding reduction of Planning Commission members. Read; no action taken. Carl and Bernice Kolonsek. Variance granted to Jim and Paula Sands. State that letters opposing the variance were filed with Planning Commission yet Planning Commission minutes state that no opposition was stated to the variance. Referred to Planning Director for written opinion of the matter. ' Page 457. February I, 1977 ~ ~ _____---=~__~Eebrvar~j,,J47Z=-===____________ Citizens of Clark Rd. and Surrounding Communities. They write about illegal junk yard which is being operated within one half mile of the Butte College Q p entrance on Clark Road. Violation set out. Supervisor Lemke reported ~'Zj on this situation. Investigator Ferguson went to investigate the matter and was shat at by a 30.06 gun. He requested help in getting site cleared up. See motion following communications. ', Graves, Geddis and Driscoll . Appeal filed in behalf of Harvey Nelson on '! /~ 3 '~ s requirement of full improvements for curb, gutter and sidewalks on property on Edgemant Drive. Set for hearing on February 22, 1977 at 9;45 a.m. Graves, Geddis and Driscoll. File appeal on behalf of Tom Rogers for requirements for curb, gutter, sidewalk and required street section for property on ~~ 3' •p ~ Foothil I Boulevard. Set for hearing on February 22, 1477 at 10:30 a.m. Michael Boyd, Wagstaff Road, Paradise. He writes regarding the matter of paradise Ambulance, Feather River Hospital, along with three physicians in j~j9'b•d ~ Paradise proposing the starting of an EMT I) program for the ridge area. Board members have copies; no action taken. 77-207 CHANGE HEARING DATE FOR THE :E. •M.!1N.EST APPEAL OF DENIAL OF USE PERMIT FOR BOWLING ALLEY, PARADISE On mokion•o. per~fisoi4 to e,:secon'deb ;by Selpefwisorplvladigd:rrand bnariimous~fir~carrlei(,~1~eFrearing date'fior•the,~. dy1.•:,y(ast6ppeal••ofxlerripl of•use permit farl6owling aEley on north•side:a~Nalagstaff:Road;LP&radise, was reset to February I.S, 1977 at f0:30 a.m. 77-208 gPPROVE REQUEST OF CHICO WORK TRAINING CENTER FOR WAIVING OF BUSINESS LICENSE On motion o Supervisor Lemke, seconded by Supervisor Moseley and ', unanimously carried, the request of Chico Work Training Center for waiving of business license for secondhand store at 2233 Fair Street, Chico, was approved. 77-209 REJECT CLAIM OF GORDON HERBOLD & ORVETTA MITCHELL On motion o pervisor igan, secon e y Supervisor Lemke and unanimously carried, the claim of Gordon Herbold and Orvetta Mitchell in the amount of $100,000 was rejected and referred to County Counsel and County's insurance carrier. n-210 ~ NEiCESSARYtAQEC~IC•IES CLEAN UP ILLEGAL JUNK YARD ON CLARK ROAD, PARAD f SE On motion of Supervisor Lemke, seconded by Supervisor Winston and unanimously carnied, the necessary agencies were requested to enforce the ordinance and clean up the illegal junk yard operating on Clark Road near the entrance to Butte College. 77-211 DISCUSSION: CARE OF ILLEGAL ALIEN; COMMITTEE APPOINTED Supervisor Moseley stated Dr. Bartsc i, Gri ey, wanted to ow something about the illegal alien; he is concerned about the pediatric problem. Babies are delivered and the hospital and doctors are stuck with the cases. They receive no money for these services and the babies become American citizens. Supervisor Moseley asked if the babies become eligible for Medi-Cal cards due to the fact that they become citizens by being born in this country. Matter discussed. Chairman Richter said he would like to appoint Supervisors Moseley and Page 458. February I, 1977 ~~ rte. ---------------Fe_bru_ary 1,1977_ _-_ --- ----~. -. ... -...- --- - --------~3T - ~.-~. ...-.~ Winston as a Committee to examine this whole situation and bring back a recommendation to the Hoard. Administrative Officer will give them the back ground history of this matter and will help them in their study of the situation. 77-212 DENY FRE-APPLICATION FOR HUD '701"PLANNING FUNDS Information regarding t pre-app ication far HUD '70 "planning funds discussed. Background of the application discussed. This would be to compile all the social services into one directory. Chairman Richter stated he did not understand the grant. Razia Kahn explained the grant. She stated that it would create more jobs in this County. Pre-application discussed. On motion of Supervisor Lemke, seconded by Supervisor Madigan and unanimously carried, pre-application Grant denied and sent back up the tube, with a message to our State and National representatives. 77-213 pENY APPLICATION FOR LEAA FUNDING OF BIG FRIEND/YOUTH COUNCILS PROGRAM App ication for LEAA funding of $ig Friend/ Youth Counciis Program (10,360) discussed. The program would create activity For the youths in this county. It is a prevention program. Supervisor Moseley said she does not buy these type activities. There would be 8 parttime youths employed; would be a very costly program to give port-time work to only 8 youths. She asked why the,Wouths did not take part in the activities already existing in the County. She does not feel that entertainment need be supplied to the youths; they should make their own recreation. On motion of Supervisor Winston, seconded by Supervisor 1Vbseley and unanimously carried, application for LEAH funding of Big Friend/Youth Councils Program was disapproved. 77-214 APPROVE CONTRACT FOR ANNUAL AUDIT WITH MATSON & ISOM ACCOUNTANCY FIRM (E.O.C.) n motion o pervisor Winston, seconded by Supervisor Moseley and unanimously carried, contract for annual audit with Matson & Isom Accountancy Firm was approved and the Chairman authorized to sign. 77-215 PUBLIC HEARING: RODNEY WORTHINGTON-APPEAL OF SUBDIVISION COMMITTEE'S DETERMINATION TO FILE NOTICES OF VIOLATION ON PROPERTY LOCATED ON WE5T fifQE-0FM~s~C~1WEti=-0ft}1fE;-FiAli~+BH$E: CONTINUED TO MARCH I, 9;30 a.m. The public hearing on the Rodney Worthingtomappea of Su ivision Committee's determination to file notices of violation on property located on west side of Maxwell Drive, south of Greenwood Drive, Paradise, AP 53-03-40 8, 42, continued from January 4, 1977, was held at this time. Clay Castleberry, Director of Public Works, stated that most of the work has been completed to make this a legitimate subdivision. He suggested that the matter be continued. Hearing opened to the ubli q~~grin no one. Hearing continued to ~cge ~~977 at 9;~b a.m. February I, 1977 ~• ~`*, -. 77-216 PUBLIC HEARING: DO LAN R. DUNKS REZONE FROM "H-C" (HIGHWAY-COMMERCIAL AND "AR" (AGRICULTURAL-RESIDENTIAL) TO 'C-2" (GENERAL COMMERCIAL) FOR1.71 ACRES, MORE OR LESS, LOCATED ON SOUTHEAST CORNEROF OROVILLE-BANGOR HWY. SLOWER WYANDOTTE RD. OROVILLE T e pu is caring on t Do an R. Dun s rezone from "H-C" (highway- commerciol)and "A-R" (agricultural-residential) to '+C-2" {general-commercial} far 1.71 acres, more or less, located an the southeast corner of Oroville-Bangor Hwy. and Lower Wyandotte Rd., Orovilie, was held as advertised. Bettye Blair distributed the E.LR. draft and requested the Board to make a determination on the matter; this is a new process. Hearing opened to the public. Appearing: I. Mrs. Maxine Dunks. Justification for rezoning so they can open a small repair shop set out. They had been assured by the Planning Department that they could open such a shop when theypurchased the property. They invested all their assets into the property and preparation of the site. 2. Bill Robertson, owner of the grocery store and bar across the street from this site. He opposes the rezoning. Hearing closed to the public and confined to the Board. It was stated that the Planning Commission accepted the application for the use permit erroneously. It was stated that the Board should review the negative impact report. This project does not have o tenancy to degrade the environment. It was moved by Supervisor Moseley, seconded by Supervisor Lemke and unanimously carried, that the rezone from "H-C"(highway-commercial) and "A-R" (agricultural-residential) to "C-2" (geneml-commercial) for 1.71 acres, more or less, located on the southeast comer of Oroville-Bangor 'Hy~+yr and Lower Wyandotte Rd., Oroville, with the finding that the project will not have a significant effect on the environment; that the project poses no significant adverse environmental effects, noting however, that the proposal is not in conformance with the Butte County General Plan. Adoption of ordinance set over until Mr. Lawson is present to report on the matter. RECESS: 10:20 RECONVENED: 10:25 77-217 PLANNING COMMISSION TO AMEND GENERAL PLAN On motion o pervisor se ey, secon e y Supervisor Madigan and unanimously carried, the Planning Commission was recommended to amend the General Plan to state chat wherever the use on fhe ground is more intensive than that on the Plan, the land use could be interpreted to the use of the land. 77-218 APPROVE ANNUAL REPORT OF MANPOWER PLANNING COUNCIL On motion o Supervlsar•,Wirtston, seconde y Supervisor Lem a and Page 460• February I, 1977 r""` _ _ _ Februa~~ I 1977_ _ _ _ unanimously carried, the annual report of Manpower Planning Council was accepted, 77-219 APPROVED CETA TITLE VI PROJECTS T a Manpower P arming Council recommends the establishment of work projects in lieu of public service employment. Contracts provide for continuation of PSE through June 30, 1977. Surplus funds are available to commence projects. Jim Rackerby, Personnel Director, explained action that should be taken. On motion of Supervisor Winston, seconded by Supervisor Lemke and unanimously carried, the Manpower Planning Council was authorized to approve Ceta Title ~• VI Projects within the grant guidelines. 77-220 WAIVED FIRST READING OF SALARY ORDINANCE AMENDMENT is sa ary or finance a s t n:e positions: a senior pu is alth nurse, manpower specialist and clerk, reclpssifies a vacant typist clerk position to stenographer clerk and upgrades the salary of the building plan checker and supervising building inspector and expands the rate schedule for project trainees. On motion of Supervisor Lemke, seconded by Supervisor Winston and unanimously carried, the first reading of the salary ordinance amendment was waived. 77-221 APPROVE PROGRESS PAYMENT TO CH2M HILL FOR GENERAL PLAN ELEMENTS On motion o Supervisor Lem e, seconded y Supervisor Madigan and unanimously carried, progress payment to CH2M Hill for general plan elements was approved in the amount of $9,421.78. 77-222 APPROVE AWARD OF BID-WELFARE FIRE DAMAGE On motion o Supervisor Winston, seconded by Supervisor Mosetey and unanimously carried, award of bid to Modern Building Company of Chiw for $40,931 the low bidder, was approved. 77-223 APPROVE MEMORIAL HALL RENTAL RATES Except or a Dur m Memoria Ha Committee, all other memorial hall committees have recommended rate increases for the rental of their respective facilities. On motion of Supervisor Lemke, seconded by Supervisor Madigan and unanimously carried, rate increases as recommended were approved for the Chico, Paradise, Gridley and Biggs dvl:morial Hal I committees. 77-224 SURPLUS PROPERTY DISPOSAL-WRECKED SHERIFF'S CAR NO. 449, DECLARED Car was amage yon econom~ca repair on Decem r , On motion of Supervisor Winston, seconded by Supervisor Madigan and unanimously carried, wrecked Sheriff's car No. 449 was declared surplus property and purchasing agent was authorized to dispose of the unit. 77-225 APPROVE PROCEDURES FOR POSTING LOCAL APPOINTIVE LIST PURSUANT TO MADDY BILL In order to conform wi#h Government Code Section 5492, the Administrative Office forwards a iropose~,{xocedure for notifying the public of ~ page 461 • February I, (977 ~ r"` _____________,~ebruary, I,_I977-----___________-__ unscheduled committee vacancies. On motion of Supervisor Lemke, seconded by Supervisor Madigan and unanimously carried, procedures for posting special vacancy notices were approved. 77-226 ADOPT RESOLUTION 77-15 APPROVING HOME SUPERVISION PROGRAM AND AUTHORIZING CHIEF PROBATION OFFICER TO SIGN GRANT (AB 3121) A grant application has been prepared with the Office of Criminal Justice Planning to implement the home supervision program. Grant is for two probation officer positions for six months, effective February 1977. Total grant is $13,293, with federal span: $11,964 and local match $1,324. On motion of Supervisor Winston, seconded by Supervisor Lemke end unanimously carried, grant application was approved, Resolution 77-15 approving home supervisor program and authorizing Chief Probation Officer to sign grant was adopted and the Chairman authorized to sign. 77-227PURCHASE OF EQUIPMENT AUTHORIZED rc ase equipment or recent y re-organized subdivision and parcel map division of Public Works discussed. As the result of the re~+organization, it is necessary to purchase four (4) filing cabinets from unanticipated revenues in the buildings and subdivision budget. Estimated cost, $600. On motion of Supervisor Madigan, seconded by Supervisor Winston and unanimously carried, purchase of filing cabinets for recently rerorganized subdivision and ,~ parcel map division of Public Works was authorized. 77-228 APPROVE PURCHASE OF EQUIPMENT FOR PUBLIC WORKS (BREAKING HAMMER) A rea ing ammer use y rr ge crew as are an is yon repair. Estimated cost, $350. On motion of Supervisor Winston, seconded by Supervisor Lemke and unanimously carried, purchase of new breaking hammer in the estimated cost of $350 was approved and transfer of funds from roads reserve to pay for same authorized. 77-229. AUTHORIZE PURCHASE OF EQUIPMENT: MANPOWER PROGRAM Two des s, two c airs, an one fi a ca inet are needed or additional CETA employees. Funds to come from within the CETA program, cost $1,300. On motion of Supervisor Lemke, seconded by$upervisor Madigan and unanimously carried, purchase of equipment with funds to 6e transferred from special departmental expense to equipment account was authorized. 77-23D DISCUSSION: FIRE HYDRANT MAINTEiI`!ANCE IN CERTAIN UNINCORPORATED AREAS OF BUTTE COUNTY C i Mrc a son, Administrative Officer, sta#ed he had just received an opinion this morning from County Counsel on this matter. Requested that the matter be put over one week. Information will be forwarded to the Board matters. Put over tv February 8, 1977. Page 442. February I, 1977 n ~ _______=====Feb=ar~r1~19T7 _____________________ 77-231 BUDGET TRANSFERS APPROVED Supervisor Moseley stated she would like to know more about the budget transfer for County Service Area No. 26. 1Nhat have the costs been for attorney fees, etc. Bill Lawrence, County Auditor, will check and report on this matter. Mr. Mickelson will have a report back next week on when the County took over billing for Thermallto Irrigation District and about SB 90. Budget Transfer B-bd held over one week. On motion of Supervisor wnston, seconded by Supervisor Lemke, and unanimously carried, the fallowing budget transfers were approved: B-65 eadstart ProEram. Establishes a budget for the Butte County Headstert gram for the 1977 calendar year based upon a grant approved by the Department Health, Education & Welfare. Establishes an appropriation as follows: ~eonnel, X127,228; fringe benefits, 21,059; supplies, $7,163; contractual, ,326; other, ~20,g32; travel, X950; for e total of ;192,558 brought about the gx'snt. This transfer also transfers X48,140 within the matching kind contributions 7-inet items within the budget. 9utte County Community Action Agency. This transfer establishes the et for the various E.O.C. programs for the 1977 calendar year based upon a .t approved by the Cnmmunity Services Administration on December 20, 1976. transfer provides for a line item budget within the administration of ,000, adminasration in-kind oontributiona of $18,705, and community program ind contributions of ~.49,l~37. B„~67 Co_ unty Service Area No. ~ Bi s Swimmine Pool} creases the maintenance of the Biggs Swi~aing Pob1 X650 the pool which was approved by the Board of Supervisors on nute Order 77-53. Thin transfer for sandblasting 1-11-77; B=bB Veterans Service Officer. Transfers 1400 from the reserve to efice nse in order to offset an existing deficiency and provide additional funds the remainder of the fiscal pear inasmuch as expenses have been greater nrieinally anticipated. B-b~ Planning Commission. Transfers X80 from overtime to extra help is order to provide an appropriation to the extra help account brought about by . need in clearing backlog of typing because of staff illness. 77-232 REQUEST FOR REPORT ON EXTRA MELP IN AUDITOR`S OFFICE C airman Ric ter state a ad received a to ep one ca yesterday about the matter of extra help in the Auditor's Office. He would like an explanation regarding the tremendous rise:in~this account. Mr: Lawrence. will have the report for the Board next week. Page 464. February 1, 19T!' ______________Fe~u9~~1t13T1=====_____________ 77-233 AUTHORIZE LETTER TO YUBA-FEATHER COMMUNITIES, INC. EXTENDING SUPPORT OF ESTABLISHMENT OF OUT-PATIENT HEALTW CARE UNIT IN FEATHER FALLS On motion of Supervisor Winston, seconded by Supervisor Lemke and unanimously carried, a letter of support was authorized to be sent to Yuba-Feather Communities, Inc. extending the County's support of their establishing an out-patient health care unit in Feather Falls. 77-234 APPROVE AUCTIONEER'S APPLICATION AND 80 ND (FRANK L. FOX, CHICO) On motion o Supervisor Lem e, seconde y5uperv~sor mston an unanimously carried, auctioneer's application and bond for Frank L. Fox, Chico was approved, having been approved by Covnty Counsel and Sheriff. 77-235 ADOPT RESOLUTIONS 77-16 8, 17 AUTHORIZING NOTICE OF INTENTION TO SELL TAX DEEDED PROPERTY On motion of Supervisor Winston, seconded by Supervisor Lemke and unanimously carried, the Following resolutions were adopted for sale of tax deeded property and the Chairman was authorized to sign: Resolution 77-I6, sale of Parcels 056-02-0-033-2,056-06-0-007-2, 056-06-0-011-2,056-06-0-013-2, 056-06-0-005-2, 056-03-0007-2, 056-06-0-004-2, 056-03-0-003-2, 056-04-o-oor-2 Resolution 77-17, sale of Parcels 047-2$-0-003-2, 047-28-0-006-2, 047-28-D-012-2, 047-28-0-011,2, 047-28-0-005-2 Sale of mineral interest on above parcels. 77-236 ADOPT RESOLUTION 77-18 AUTHORIZING THE TREASURER TO DEPOSIT FUNDS WITH THE STATE IN THE LOCAL AGENCY INVESTMENT FUND On motion of Supervisor Madigan, secande y Supervisor seley and unanimously carried, Resolution 77-18 authorizing fhe Treasurer to deposit funds with the State in the Local Agency investment Fund was adopted arcl the Chairman was authorized to sign. 77-237 APPROVE PUBLIC WORKS ITEMS: ADOPT RESOLUTION 77-19 APPRECIATION OF SENATOR RANDOLPH COLLIER FOR HELPING ESTABLISH AND PROVIDE ITS SYSTEM OF STREETS AND HIGHWAYS On motion o Supervisor Winston, seconded by Supervisor Modigan and unanimously carried, the following action was taken: I. Adopted I~solution 77-[9 in appreciation of Senator Randolph Collier was adopted and the Chairman was authorized to sign. 2. Approved the offering to subdividers alternative of having county provide and install street name signs for (;75 each in lieu of developer ordering each sign from other sources. 3. Authorized advertisement of Oroville-Quincy Highway FAS Project No. V366(I), adopted wage scale, and set bid opening for II;00 a.m., Public Works Office, February 24, 1977, Page 464. February I, 1977 ~"` ~ ______________Eebrucr~~,,.1~Z=====____________ 4. Accepted improvements constructed on Holly Avenue and West 12th Avenue and the construction of Noel Court as part of Holly Estates Subdivision Unit No. I, authorized release of the performance and labor-material bonds and commence the one-year maintenance period. 77-238 ADOPT RESOLUTION No. 77-20 AUTHORIZING EXECUTION OF PROGRAM SUPPLEMENT NO. Ifl TO MASTER AGREEMENT RE: FEDERAL-AID SAFER ROADS DEMONSTRATION PROGRAM On motion a Supervisor Winston, seconded by Supervisor Madigan and unanimously carried, transfer of X4,325.00 from Acct. 530-12 to WO 1893 was authorized for automatic gate arm and flashing light signals of Lower Honcut fad Crossing of Western Pacific mainline, Resolution 77-20 authorizing exeuction of Program Supplement No. 10 to Master Agreement re:Federal-Aid Safer Reads Demonstration Program wns adopted and the Chairman authorized to sign. n-239 ADOPT RESOLUTION 77-21 AUTHORIZING APPROVAL AND EXECUTIO N OF HIGHWAY EASEMENT ACROSS SOUTHERN PACIFIC CROSSING CH-186.5 AT MIDWAY On motion o Supervisor Winston, seconde y Supervisor igan and unanimously carried, Resolution 77-21 authorizing approve! and execution of highway easement across Southern Pacific Crossing CH-186.5 at Midway was adapted and the Chairman authorized to sign. 77-240 ACCEPT DRAINAGE DEPOSITS FOR DRAINAGE SYSTEMS CHICO On motion o pervisar Winston, secnn e y Supervisor Madigan and unanimously carried, the Board approved recommend~afion of Clay Castleberry, Director of Public Works, and accepted drainage deposih guaranteeing the developer would cover his share of future drainage system costs, for property in the Shasta Union Drainage pistrict not being served by that district. 77-241 STONESON DEVELOPMENT CORP. -REQUEST FOR CLARIFICATION OF DATE OF CONTINUED PUBLIC HEARING ON "R-4" (MAXIMUM-DENSITY RESIDENTIAL) PORTION OF REZONE X76-25, PROPERTY LOCATED ON WEST SIDE OF CLARK RD., PARADISE Stoneson Development Corp. request for clarification of date of continued public hearing on the "R-4" (maximum-density residential) portion of rezone +f76-25, property located on the west side of Clark Rd. at Nunnelly Rd., containing 25 acres, more or less, Paradise, discussed. Hearing on the C-2 has been set for February 8, 1977, at 10:00 a.m., also hearing on acceptance of the E. LR. Hearing on the R-4 set for March I6, 1977 at 11:00 a.m. 77-242 DISCUSSION: BUTTE COUNTY PLANNING COMMISSION-REZONE TO "TP-160" (TIMBER-PRESERVE) ZONE FOR PORTIONS OF EASTERN BUTTE COUNTY PER LIST A AS ADOPTED BY BOARD OF SUPERVISORS PURSUANT TO ASSEMBLY BILL 1258 pan B ac stoc , aunty Counse ,state t at P ann~ing Directors ou d be present when this matter is discussed. He stated he had prepared an alternative presentation to be presented by Chairman Richter regarding the compatible uses. Put over until such time as Mr. Lawson is present. 77-243 APPEARANCE: JAMES HANSON OROVILLE James Hanson, Orovi e, atated ad gone to the meeting where Planning Commission had discuss the uses under T+Fr160; he could see nothing wrong with the way the Planning Commission hod changed the TP-160 uses. He stated he could not be present at the hear thisafternoon. Mining ordinance discussed; he had no objections to this now. Page X65. February I, [977 n, l"~ 77-244 APPEARANCE: DON BLAKE:WATER SITUATION Don Blake, Oroville, stated he had been interested in the water situation since the controversy began. A great deal of the problem centers around SB 1927. Drastic as the bill is, it went through both houses without a dissenting vote. Na one knows what this bill is going to require. Mr. Blake rwuld like to see the Board set up a committee with immediate short range objectivities to obtain ail data as to advise the people of this County. Long range objectivity of the Committee would be to be a watch dog of this Bill. He would like to have the Board request the Committee to make a report by the March Ist meeting. It was stated that Ray ,tohnson was trying to get a bill introduced opposing this Bill. Supervisor Winston suggested that Mr. Blake, ,lack Minasian and Chairman Richter be appointed to this committee. Supervisor Madigan appointed to the Committee also. Supervisor Lemke suggested that the ctttzens be advised to go ahead and file on their water rights. April Ist is the final filing date. Supervisor Madigan will call the Flood Control Office in Sacramento and determine what their counsel recommends, 77-245 APPEARANCE: DON MAXON COMPLAINT AGAINST VETERAN HOSPITALS Don Maxon sal a wov d i e to rea a prepared statement of # treatment and harassment he received while a patient at the Veterans Administration Hospital in Palo Alto. He requested That the Board write a letter in opposition to the treatment he received at said hospital. Supervisor Madigan stated he would like to hear Pram Ken Leach, District Attomey, regarding this matter. Supervisor Winston felt the individuals at the hospital should also be questioned. The District Attomey could send a copy of Mr. Moxon's statement to the hospital. A letter will be sent to the Board of Supervisors of Santa Clara County and to the hospital in Pado Alto and ask the hospital to respond to the statement. Reply from the hospital will be acknowledged at an open Board nreeting. James Hanson said he felt the Veterans would be pleased if this was discussed at a public hearing so that maybe some of the other veterans could come forward and tell of their experiences at the hospitals. Copy of the Board's letter to ba sent to the Senators and ourAssemblyman; Administrative Officer to write the letter. 77-2.4h DISCUSSION: REZONE TO "TP-J60" (TIMBER PRESERVE:} Jim Lawson, Panning Director, was present at t is time to discuss the wording of ordinance for rezone to "TP-160". The Planning Commission's recommendation is before the Board ;recommended changes discussed. -~ Page 4d6. February (, 1977 ~ .~ ________________Eelxruaty__1s19Z7_====__~~_~~~~__ Things shot could be allowed should be listed that would not be inconsistent to the timber preserve. The use permit mute could be used. It was asked if a cabin could be built on this type property; there would be no problem between the cabins and timber preserve. Chairman Richter stated that only those uses shall be allowed within this zone that are compatible with the intent and purpose of Ch. 176 of the laws of 1976; these uses shall include but are not limited to the growing of flood and fiber mineral extraction and processing agriculture, etc. when such activities are not inconsistent with the purpose and intent of Ch. 17b of the laws of 1976. No building permits shall be issued until a determination is made by the planning director that the use is compatible pursuant to this ordinance. If the planning director's determination is contested, a duly noticed public hearing shall be held before the Board of Supervisors to determine compatibility. It was felt that this would provide for much more flexibility in the zoning. Compatible uses discussed. The Board felt They would not deny the miners the right ro mine. County Counsel set out his views regarding the ordinance and uses to be determined under the ordinance. Mr. Lawson felt that allowance of houses on the property and allowance of mining should be in the ordinance. Housing and mining should be included. No action taken at this time. RECESS: 12:00 RECO NVE NE D : I :00 77-247 PUBLIC HEARING: LINDA 8~ HAROLD STIMSON-APPEAL OF PLANNING COMMISSION'S DENIAL OF VARIANCE TO MINIMUM PARCEL 51ZE TO ALLOW A 1.70 ACRE PARCEL IN A 'TM-10" (TIMBER-MOUNTAIN, 10 ACRE LOTS) ZONE, PROPERTY LOCATED ON THE WEST SIDE OF TROY WAY, APPROX. B00 FT. SOUTH OF COLTER WAY IDENTIFIED AS AP 64-31-Db, MAGALIA e pu is caring on t Linda and Ham d Timson appeal of Planning Commission `s denial of variance to minimum parcel size to allow a 1.70 acre parcel in a 'TM-10" (timber-mountain, !0 acre lots) zone, property located on the west side of Troy Way, approximately 800 feet south of Colter Way, identified as AP 64-31-Ob, Magalia was held as advertised. Hearing opened to the public. Appearing; Na one. Hearing closed to the public and confined Ito the Board. Supervisor Lemke stated that he had talked to Mr. and Mrs. Stimson and that they should withdraw their appeal and come back with a recommendation of some type of plannin8. On mo#ion of Supervisor Lemke, seconded by Supervisor Madigan and unanimously carried, the appeal of Linda and Harold Stimson for a variance to minimum parcel size to allow a 1.70 acre parc~l~~ih n`~'F'M-10"zone, AP 65-31-Ob Magalia was denied without prejudice. Fe~ruary I, 1977 Page 467. ly /"~ _ February_I~,1977 - 77-247 ;1DOPT ORDINANCE 1789: WAIVB TH8 BECOND.~;READIN6: C62tD800M8. On motionryof Supervisor Zemke, seconded by Supervisor Hadigan and unanimously carried, the second reading of the Cardroom Ordinance ' was waived. •• Op motion of Supervisor Lemke, seconded by Supervisor Madigan --- and carried, Ordinance 1789 wen adopted and the Chairman authorized to sign. AYES: Supervisor Lemke, Madigan, Winston and Chairman Richter. • R~08S: Supervisor Moseley. 77-248 -- ADOPT ORDIti64NCT: 1790s EtIT.f& COUNTY PIANNiNG COrSiF8SI0N - REZONE TO "TP-160!' (TILER-pRES86v8) ZONE FOR SOBTION$ OF EAST$RN BUTTTi COiJNTY P8R ... ~IbT ,A AS ADOPTED BY SHE $OARD OF SUPgRVI60RS Pi7RSWtNT TO ASS&MBY BILL 1258. Discussion•of the Butte Co:mty•Rlannir~ Cammissiaa zeroes to '"LP-l60" (timber-preserve) zone For portions-of eastern Butte County per Liat d as adopted by Che Board of Supervisors pursuant to Assembly B~.il 1258 was held at this time. i Chairman Richter stated that if the Board adopts a list of ', uses then anything else would be prohibited. The only way to police the Ordinance would be through building permits. Possibly a determination should be made by the Planning Director. Thin determination could be appealed to the Board. Supervisor Lemke stated that the building permit was not inclusive enough. Dissuasion of policing methods had at this t1me. Discussion open to the public. Appearing. James A. Moak Mr. ,: Moak is representing the Golden Feather District. Mr. Moak asked that the ', Board explain what restrictions and what lot size the TP-I60 zoning would have. Mr. Moak wsa•told Co nee the Planning Director and he would explain the TP zoning to him. Supervisor Winston stated that he would attend the meetings of the Golden Feather District. Discussion•of nays to request exclusion from List A and S had at this time. On motion of 6upervisor Qinston, seconded by Supervisor Madigan and unaatmouslq carried, the•rezona to "TP-160" (timber-preserve) Bone for portions of eastern Butte County per List A as adopted by the Board of 5lrpervisara pursuant to Assembly Bill 1258 was approved, with the following uses inserted under Section A:~Onlylthose uses aha11 be allowed within this z one that are compatible with the intent and purpose of Chapter 176 of the Laws of 1976. Nn building permika shall be ieaued until a determination is made by the Planning Director that the use is compatible pursuant to ', Chia ordinance. If the Planning Director's determination is contested, a duly noticed public Treating ahail be held before the Board o£ $uperv3.eore to determine compatibility; adopt Orrdinance 1790 and authorized Chairman to si n. __.__ ---__......_....__.__.._. .___ 31m Lawson, pT,amning Director, stated that he would come back to the Board with a Iisx dot determining the compatible uses. There should be some uniform criterid established. Page 468. • February I, 1477 r"` ~"`• 77-249 ADOPT ORDINANCE 1791: PUBLIC SEARING: ERTENSION OF INTERIM "8R-1" (SUBUBSAN-RESIAENTYAL) ,FAR..P80PERT.Y LOCATED NORTCi OF BELL ROAR, i7EST OF CUSSICK AVENUE. NORTHWEST OF CHICO, The public hearing on the extension of Interim "SR-1" (suburban- ~residential) for property located worth of Bell Road, west of Cussick Avenue, northwest of Chico was•held as advertised. Jim Lawson, Planning Director, set out the background of the Interim. Hearing open to the public. Appearing: 1. Mrs. Tipton, property owner. Mrs. Tipton stated that she would like to place a mobile home•on her property. She is unable to~place the mobile home•on her property due to the interim zoning. 2. John Dobson, property owner. Mr. Dobson stated that he would like to nee the area developed into smaller lots. Mr. Dobson is for the interim until the permanent zoning can be done. Hearing closed to the public and confined to the Board. Chairman Richter Stated that the interim should be continued uat~;l permanent zoning could take place. On motion of Supervisor Madigan, seconded by 5upervieor Winston and unanimously carried, Interim "5R-1" for property located north of Bell Road, west of Cusaick Avenue, northwest of Chico ie extended for a period of 160 days; adopt Ordinance 179I• and authorized the Chairman to sign. -234 ADOPT MOTION OF INTENT: PUBLIC HEARING: MARSHA R. GRAGE, ETAL - REZONE FROM INTERIM "TM-20" (TIMBER-4f0UNTAIN,~20 ACRE PARCELS) TO "TM-20" (TIMBER- MOUNTAIN, 20 AERE PARCELS),~PROPERTY GENERALLY LOCATED EAST OF VILA3 ROAD, APPROXIMATELY ONE MILE NORTIi CF PONDEROSA WAY, CONTAINING 255 ACRES, MORE OR LESS. COEiASSET. The public hearing oa the Marsha R. Grage, etal rezone €rom Interim "TM-20" (timber-mountain, 20 acre parcels) to "TM-20" (timber- mountain, 20 acre parcels), property•geaerally located east of Vilas Road, approximately one mile worth of Ponderosa Way, containing 255 scree, more•or leas, Cohasset waa held as advertised. Del 5iemaen, Deputy County Counsel, stated that he had not notified the Attorney General of the hearing today. The interim does not expire for six months. This would be a more restrictive zoning. It was fist that the hearing could be held Coday but Chat the final decision would have to be held over until the Attorney General hoe been notified. Hearing open to the public. Appearing: 1. Stave Grage, property owner. Mr. Grage stated that ono of the reasons for requesting the TM-20 zoning was the•poor condition of the road. If the property was zoned TM-5 then there would be a scarcity of water and the increase in taxes could hurt the tree farmers. The Cohasset Community Association supports the request to rezone the property TM-20. 2. Wallea Carlsson, property ouwar. Mr. Carlsson stated that he supported the rezone to TM-20. 3. Will iihite, property amner. ~Ir. l:hite stated that be •+as in favor of the rezone. Mr. ithite stated that if there was more population _ _~ -,- than there would possibly be pollution~of the water and this could_be______ Page 4d9. ! February 1, 1977 ~~ ~ -________=====Feb~a2r 1~~9n _________________ detrimental to the people in khe canyon. Mr. White stated that ' TM-5 zoning would endanger the wildlife is the :area. 4. Jim Snowden, Fish and Game. Mr. Saowdea stated that TM-20 zoning would be better for the wildlife. There would be leas erosion and water pro~rlems. 5. Charles Hastings, property owner. Mr. Hastings stated that he wee opposed to the TM-20 zoning. Mr. tlastiage stated that there would be a number of noncocformiag parceis-if the property was zoned TM-20. Mr.-Aastings•preaented the Soard with a number of letters from people who had signed the•original petition to have the property•taned iM-ZO sad '._ ..,__.- __pho.itave changed their minds. 6. Colby Green, Cohaeaet. Mr. Green stated that he was caacerned with island type -af de~relopmeat. 7. Jo Hastings, property owner. Mrs. Plastinge stated that she was opposed to the TM-20 and hoped that it could remain TM-5. Discussion•of building restrictions on the TM-20 zoning had at this time. Discussion of aigantures on the petition had at this time. Mr. Siemsen, deputy County Counsel, stated that the petition was a legal petition with•the required signatures. Even if the people signing the petition had written a letter opposing the rezone the petition was legal at the beginning and the Board can hear the•rezone. Supervisor Madigan stated that he had a letter from the Cohaeset Community Association in favor of the•rezoae. 8. Marsha Grage, property owner. Mrs. Grage stated that when the petition was submitted therewere 85% of the•property owners on the petition. Pleating closed to the public and confined to the Board. On motion of Supervisor Madigan, seconded by Supervisor Winston and unanimously carried, a motion of intent to rezone to TM-20 was made. The rezone will be continued to February 15, 1977 in order to notify the Attorney General that action will betaken. n-251 ffiYSION5flPNINTF~+IT: ORDINANCE REPEALING CHAPTER 13 OF THE BUTTE COUNTY CODE RE: SURFACE MINII3G AND RECLAMATION PLAN3. The discussion on the ordinance repealing Chapter 13 of the Butte County Code regarding mining and reclamation plans held at this time. Del Siemsen, deputy County Counsel, stated that there were several changes to the Ordiaaace that had bees submitted by the committee. Mr. Siemsen stated that the dHfgnitioas in the ordinance have come out of the State statutes.m Mr. Siemsan stated that the change inpparagraph ~'J stating or otherwise located on•federal leads. This is not necessary. There was a change in Che fees to $10. The amount of the fee is up to the Board to sat. Jim Lawaoa, Planning Director, stated that the fee far the mixing germit ehould'~be in •liae pith 'the •other fee structures ia.the, _ County.._---•- ~---___.. Page 470. T~~.___._~_..._..___.-- -I February I, 1977' '` ,J ~3 ________________Eej?rSl~~~~=_______________ Mr. Siemsen stated that the~chaage to existing operating mine would be ao problem. Mr. Siemsen stated that the•vested rights should stay as of January 1, 1976. Instead of placing this at 18months•it could be made 24 months. This would give an additional six months. There~ie no objection to the change of reasonable layman type forme. The form that has been proposed isc the one reco®eaded by the State mining Beard. It is suggested that Section 13.11 include some specific penalities. There is ao objection to the reasonable surety bond. There hen to be a public hearing on the request fox a mining permit. In~order fof the changes to be made, they would have to comply with the State Statutes. Discussion open to the public. Appearing: James Ldnhoff, Butte County Mining Council. Mr. T~enhoff stated that he was opposed Co the 1,000 cubic yards per acre restrictimn. Federal lands should be excluded from the Ordinance because they do not pertain to the County rules. The federal government has control over the federal lend not the county. The forme should be made so that the average person can fill them out. The requirement for a public hearing on every single application should be deleted. There is a need for a mining committee. There should be a reasonable auret~ybond. Del Siemsen stated that any acreage was considered a mining site. If you exceed the 1,000 cubic yaardd~per acre you are no longer exempt from surface mining. This ie in the proposed State guidelines. Oa motion of Supervisor Lemke, seconded by Supervisor Madigan sad carried, a motion of intent to draft into the ordinance that all jurisdiction aver federal lands be excluded; the 1,000 cubic yards per acre be excluded; the fees for application be $25; a mining committee be established to assist and advise the Planning Department; and only operating mines, not existing mines, need to apply. AYES: Supervisors Lemke, Madigan Winston and Chairman Richter. NOES: Supervisor Moseley. Svpervieox Moseley stated that there are enough levee on the books and it is time the people say no to the State and Federal mandates. The ordinance is to be•coatinued until after the Niae Northern Counties meeting in~Willowa. This matter will be heard on February 15, 1977. 77-252 MOTION OF INTENT: P1TSLiC HEARING: MARY VAN GILDER, ETAL - REZONE FROM INTERIM "R-1" (SINGLE-FAMILY RESIDENTIAL) TO "A-R" (AGRICULTORAL-RESIDENTIAL) PROPERTY TACATED BETWEEN 12TH .STREET AND 14T1i.STREET ON THE SOUTH SIDE OF GRAND AVENUE. CONTAINING'26 ACRES. MORE OR LESS. OROVILLE. The public hearing on the Mary Vsa Girder, etal rezoae~from interim "R-1" (single-family residential) to "A-R" (agricultural-residential) property located between 12th Street end 14th Street on the south side of Grand Avenue, containing 26 acres, more or less, Oroville was held ae advertised. The Planning Commission recommended approval of the rezone. Hearing open to the public. Appearing: Mary Vaa Gilder. Mrs, V•an Gilder stated that she vas is favor of the rezone and set out the reasons for wanting the change is ~aaing. Page 471. • February i, (977 f^ ,^. ______________ ~6=c~ 1,~19T7__===__=====a==e= Del Siemean~ deputy County Counaei, stated that the Attorney General bad not been•aotified. Hearing closed to the public sad confined to the Board. On motion of Supervisor Moseley, seconded by Supervisor Lemke and unanimously carried, a motion of intent approving the recommendation for rezoning from Interim "R-1" to "A-&." was made witf- the matter to be continued for two weeks to February 15, 1977 eo the Attorney General may be notified. 77-253 ADOpT ORDINANCE 1793:: PUBLTC HEARING: DOLAN R. DUNKS - REZONE FROM "S-C" (HIGHWAY-COMMERCIAL) AND "A-Rv (AGRICULTURAL-RESIDZN'EIAL) TO,nC_2n (GENERAL- COP4fERCIAL) FOR 1.71 ACRES, MORE OR LESS, LOCATED ON THE SOUTHEAST CORNER OF OROVILLE-BANGOR HIGHWAY AND LOWER~WYANDOTTE ROAD, OROVILLE (CONTINUED FROM THE MORNING The continued public hearing on the•Dolan R. Dunks rezone from "fl-C" and "A-R" to "C-2" for 1.7i acres, more or legs, located on the southeast corner of Orovilie-Bangor Highway and Lower Wyandotte Road, Oroville was held at this time. Jim Lawson, planning Director, stated that he had written a report to the Board concerning consistency with the General Plaa. Due to the scale of the lead use map it ie very difficult to determine residential or commercial.The property is is the urban area of Oroviile. On motEoa of Supervisor Moseley, seconded by Supervisor Winston and unanimously carried, the rezone from "H-C" and "A-R" to "C-2" for 1.71 scree, more or less, located oa the southeast corner of Oroville-Bangor Highway and Lower Wyandotte Read, Oroville was approved with the findings that it would not have an environmental impact; that it is not inconsistent with the General Rlan; that the project will not have a significant effect on the environment; that the project poses no significant adveraeenviroamental effects; aliax _eHe@e9iar erha}dBflipndue~ttbothe >loT3earingalpotets,.,. Butte County Board of Supervisors February 1, i977 Oroville, California To the members ofjthe Board: Good morning. My name is Maxine Dunks and my address is 5421 Lower Wyandotte, Oroville, California. My husband and I are asking to have our property an which we live, rezoned from Highway Commercial and Agricultural zoning to C-2 Commercial zoning eo that we may operate our small auto repair shop and be able to put up our business sign and advertise our business. In August of this year we~purehased the property endpaid a price that was based on it's existing commercial zoning. We intended to operate a small family business namely an auto repair garage. Friar to the close of the sale, both our real estate agent and ourselves were assured by f the planning department that such a•buaipess would be~eoceptable antler e-____xieting_Highwey Co~amercial zoning. .-"~""..... Based upon this aegttreace, we gold aur~home in southern California and ~, moved our business to Oroville. •iie iavoeted all our as#.eta and a great deal of time end effort into improving this•property. ~n we received ~ a~letter from the planning department stating •that they had made a mistake and that we csanot„operate•ovr business according #o previous assurances made by them. Page 472. February I, 1977 ' ~• ~~~~r~ar~~~9~= Our property is located on a corner and is surrounded by several other commercial businesses: as upholstery shop next door, a stiarkat with gas pampa on one corner, a.tavern and another food store across the the street. We have done slot of cleaning up end improved the looks of the property since we moved here last September 1976~ead we plea to landscape the vacant corner near the two roads this spring. There will not be junk of any kind ar wrecked cars oa our property to make it unattractive. If we felt that our garage wou18 be •a detriment to the•area~we would not have purchased the property, nor would we now be asking for a variance to operate it. We are is disparate seed to be able to geC our property rezoned to C-2 L1~ so that we can go to work to support oureelves•and children. We have very liCtle money left to pay our bills and expenses and we have ao other source of income. This is a situation which hea~caused vs a great hardship. We would greatly appreciate your consideration of this matter at this time. Sincerely, Dolan R. Dualcs Maxine L. Dunks adoptr~#Ysli~nance 1792 and authorize Chairman to sign. 77"254 WAIVE TSE FIRST READING: ORDINANCE REORGANIZING REPRESENTATION OH BUTTE COUNTY PLANNIN COMMISS ON• IRECT'POSTiN OF NOTICES OF VACANCIES. Changes in the proposed ordinance reorganizing representation of the Butte County Planning Commission discussed at this time. There shauldbe a correction on the advisory members•of the Planning Commission. The County staff ie advisory and need not be put in the ordinance. The only advisory people in the ordinance should be representatives from each of the four cities and MAC. On motion of Supervisor Lemke, seconded by Supervisor Madigan aad carried, the firsC reading of the ordinance to reorganize representation of the Butte County Pi~nniag Commission with the correction of advisory represeatatioa being one representative from each of the four cities and one representative from MAC was waived; posting of notices of vacancies authorized. A S: Supervisors Lemke, Madigan, Moseley an~i Chairman Richter. NOES Svpervieor'Winatoa. _ _ _ ~ _ _ '_~__ Dan•Blackstock, County Counsel, read the ordinance in its entirety. 77-255 COUNTY COIil76EL DIRECTED TO BRING BACK ORDINANCE AMENDMENT RE: APPEAL PROCESS FROM BOARD OF ZONING ADJUSTMENT. Oa motion of Supervisor Lemke, seconded by Supervisor Madigan and unanimously carried, County Counsel was instructed to bring back an ordinance amendment to change the appellate•process of the Beard of Zoning Adjustment to the Board of Supervisors instead of the Planning Commission. 77-256 ADDITIONAL MATTERS PRESENTED BY BOARD MEMBERS Supervisor Madigan stated Char he had received a letter from Congressman Johnson regarding the abandonment of the Stirling City Railroad. Questions reiatiag to eater entitlement for 9utte County had at this time. • -•-_--•-_------._...--- ........... •. __ .. _.._. _ Page 473. February 1, 1977 - r~ n Supervisor.7.emke atated that he had attended the first MAC aseeting and it was a good meeting. Supervisor Moseley stated that Bob Paulus•hae offered to give Honcu3 a fire truck to help them create~a•volunteer fire -dapartmeat.Mr. Paulvs is willing to give them the radios they need. After they are • set up the County would have to pay-for eny additianal items. Supervisox Winston made a report on the Auditor-and Data Processing problem. Swpaxvisor liinstoa atated that he and Supervisor Hadiganhadd met with Robert iieathera, State Intergoverffient~al Boaxd oa Slectroaic Data Processing. _ ~ _-~~_ EXECUTIVE SESSION: The Board recessed at 3:30 p.m. to hold an executive -. session. RECONVENE: The Board reconvened at 3:50 p.m. following an executive session. AD30URNMENT: There being nothing further before the Board at this time, the meeting was ad3ouraed at 3:51 p.m. to reconvene on February 8, 1977 at 9:00 a.m. ATTEST: CLARK A. NELSON, COUNTY CLERK _ ~~_ ~- Chafrman Board of Supervisors ~y~ Board of Sup visors Cleric Page 474. February I, 1977