HomeMy WebLinkAboutM041277April 12, 1977
STATE OF CALIFORNIA )
SS.
COUNTY OF BUTTE )
The Beard of Supervisors met at 9:00 a.m. pursuant to adjournment.
Present: Supervisors Lemke, Madigan, Moseley, Winston and Chairman Richter.
C13f Nickelson, Administrative Officer; Dan Blackstocit, County Cdunsel, and
Clark A. Nelson, County Clerk, by Margie Catt, Clerk of the Board,
PLedge of allegiance to the Flag of the United States of America
Invocation by Supervisor Lemke
77-699 APPROVAL OF MINUTES
On motion of.'Supervisor Winston, seconded by Supervisor Moseley
and unanimously carried, the minutes of April 5, 1977 were approved as
mailed.
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77-700 COMMUNICATTONS
Francis X. Callahan, Chico. Mr, Cailahan,appeals the decision of the
Board of Zoning Adjustment denying a variance for a fence on his
property, located at 1020 West 12th Avenue, Chico. Set for
hearing on April 26, 1977 at 9:30 a.m.
Friends of Butte County. John L, Luvaas, Jr. appeals the negative declaration
granted by the Advisory Agency on the Dwaine Palm parcel map, east side
of Oro-Quincy Highway, between Canyon Creek and Middle Fork Feather
River, 12 lots, AP 71-OB-26. Set for hearing on April 26, 1977
at 9:45 a.m.
Sam Smiley, Oroville. Mr, Smiley appeals conditions one and five of his
parcel map as approved by the Advisory Agency forAP 30-037-07,
southeast corner of 20th Street and Plumes Avenue, Oroville.
Set for hearing on April 19, 1977 at 10:00 a.m.
Bachman Engineering, Chico. The Engineers, on behalf of Sam Evans, request a
one year extension of time in filing the final map for the Norseman
Estates subdivision. See motion fallowing communications.
Giuseppina V, Thring, Paradise, Mrs. Thring writes in opposition to the
proposed Stonesoa rezoning. 'To be held until hearing at 10:30 a.m,
Maurice L, Norman, Paradise. Mr. Norman writes in opposition to the
proposed Stonesoa subdivision in Paradise. To be held until
hearing aC 10;30 a.m.
Minasian, Minasian, Minasian, Spruance & Baber. TFte Attorneys, on behalf
of Shirley B~Linda Hendershot, acting by and through her guardian
.lack Montgomery Hendershot, files a claim as a result of injuries
sustained in an automobile accident. See motion following
communications,
State Drought Emergency Task Force. The State advises the specific
information requested when filing for assistance as a result
of the drought. Referred to Administrative Office, Ag, Department
and to County Fire Department.
Page 109,
April 12, 1977
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ac ~_~ ov=~~~aAEril~l2,~1977 anima a=~~=
Evelle J. Younger, Attorney General. Mr. Younger writes with regard to
remarks that have been made concerning the Planning staff intervening
into the City of Chico-Butte County lawsuit. Clif Mickelson,
Administrative Officer, explained this letter. Another letter
// ~~ D ~ from People's Action Council, signed by Jim Mikkelson, read and
discussed, Mr. Mikkelson stated that there had been an effort
made by the State to seek voluntary compliance by the County,
Chairman Richter stated that the implication was entirely incorrect.
Letters discussed; no action taken.
Walter E, Nelson. He writes that there is a water problem every where in
the County, not only in Paradise. Felt that use of grey water should
O S. O ~ be allowed throughout the County. No action taken, Copies of said
letter to be given to Board members and Dr. Shivas.
Paradise Municipal Advisory Council. The Council sends resolution No. 77-4
regarding the Stoneson pro~ect on Clark Road between Pearson Road and
~' ~ ~ Elliott Road, expressing t sir opposition to the rezoning,
Gordon L, Shields. Appeal of Nelda Hanson tentative parcel map.
` 3 , O 5 Set for hearing on April 26, 1,977 at 10:15 a.m.
Gold Nugget Days, Inc, Invite Board members t'o ride in Gold Nugget
Days Parade to be held on Saturday, April 29, 1977 at 1:30 p,m.
/ OS ~ ~ Supervisors Lemke and Winston will attend parade.
Paradise Municipal Advisory Council. Write concerning the Stoneson
proposed rezoning. Hold until hearing at 10:30 a.m.
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77-701 APPROVE EXTENSION OF TIME IN EYEING FINAL MAP FOR MORSEMAN ESTATES SUBDI,
On motion of Supervisor Winston, seconded by Supervisor Lemke and
unanimously carried, a one year extension of time for filing the final map
for the Morseman Estakes Subdivision was approved as requested by Bachman
Engineering, Chico.
77-702 REJECT CLAIM OF SHIRLEY B'LINDA HENDERSHOT
On motion of Supervisor Winston, seconded by Supervisor Madigan
and unanimously carried, the claim of Shirley B'Linda Hendershot, acting by
and through her guardian Jack Montgomery Hendershot, in the amount of $4 2,500.81
was rejected and referred to County Counsel.
77-703 INFORMATIONAL ITEMS PRESENTED___BY BOARD MEMBERS
Supervisor Lemke reported thaf at the Nine Northern Counties
Supervisors Association meeting held .in Eureka last week the Board members
were presented with a proposed Air Conservation Program by the State.
The Board is asked to review this praposai and there will be another
presentation given by the State Air Resources Board at the June meeting.
The program lists the sources of air pollution. Supervisor Lemke will
have copies made of the proposal and given to the Board members.
Another item discussed at the Nine Northern Counties Supervisors
Association meeting was the request to protest President Carter's proposal
to offer amnesty to illegal aliens. Supervisor Lemke felt the Board should
go on record as opposing this proposal. Supervisor Winston agreed that the
Board should oppose this but he felt that more background material should
be obtained.
Action on the latter to the President postponed one week.
Administrative Officer to obtain in-put from Congressman Johnson's office
on the President's proposal.
77-704 WAIVE FIRST READING: SALARY ORDINANCE AMENDMENT
A salary ordinance amendment is prepared to .add a clerk and imrestigator
to the District Attorney's office as previously approved, Discussed.
Page 110.
April 12, 1977
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April 12, 1977
s s e s u s m s e s a e s a e s s e s a s s~ s s s: a s~ a c s:
On motion of Supervisor Winston, seconded by Supervisor Madigan
and unanimously carried, the #irat reading of the salary ordinance amendment
was waived.
77-
Recommendations have been prepared for funding projects that
qualified under the federal regulations.
On motion of Supervisor Lemke, seconded by Supervisor Moseley
and unanimously carried, list of priority projects for CETA Tikle VI Jobs
Program approved.
77-706 HOLD OVER UNTIL BUDGET TIME: ATTORNEY FOR COUNTY COUNSEL AND ASSESSMENT
STANDARDS CONTROL OFFICER
Request of County Counsel for additional attorney for his office that wou
would be responsible for litigation discussed.
The Assessor requests establishment of the position of assessment
standards control officer brought about by recent legislative changes
requiring a preplanaed cyclical appraisal procedure. Discussed.
Both requests held over until budget time.
77-707 APPROVE PURCHASE OF PRINTING CALCULATOR DISTRICT ATTORNEY OFFICE
The District Attorney requests replacement of a printing calculator
which has been found missing from the Family 5upporC Division offices.
Estimated cost of replacement is $175 and funding is available from his
publications and legal notiaea account.
On motion of Supervisor Lemke, seconded by Supervisor Madigan and
unanimously carried, purchase of calculator was approved and Auditor directed
to prepare necessary budget transfers.
77-708 DISCUSSION: PARTIAL PAYMENT-ST. JOHN MOUNTAIN COMl~II3NICAT10NS VAULT
The manufacturer of the communication vault for St. John Mountain,
Glasscom Manufacturing Company, is requesting partial payment of work completed.
Suggested payment is X6,678 or 75 percent of bid price. It was felt that the
County should have delivery of merchaadize prior to paying. Discussed
payment.
Matter to be placed heck on next week's agenda.
77-709 PUBLIC HEARINGS: JAMES HAVLENA APPEAL DENIAL OP PARCEL MAP ON AP 62-07-375,
FOUR LOTS, SOUTH SIDE OF PONDEROSA WAY, ADJACENT TO OLD BLOOMER MOUNTAIN
ROAD, BERRY CREEK ~ JAMES HAWTHORNE APPEAL OF DENIAL OF PARCEL MAP FOR
AP 62-07-362 LOCATED ON WEST SIDE OF BLOOMER MOUNTAIN ROAD, APPROXIMATELY
ONE MILE WEST OF BERRY CREEK ROAD BERRY CREEK FOUR IAT3
Public hearings on the dames Havlena appeal o£ denial of parcel map
on AP 62-07-375. four lots, south side of Ponderosa Way, adjacent to Old
Bloomer Mountain Road, Berry Creek and of the James Hawthorne appeal of
denial of parcel map for AP 62-07-362 located on the west side of Bloomer
Mountain Road, approximately one mile west of Berry Creek Road, Berry Creek,
four lots, were held at this Cime. Clay Castleberry, Director of Public
Works, explained the background. Determination had been made that these
parcels did not comply with she County General Plan.
Del 5lemsen, deputy county counsel, stated that the Board would
have to go through the E.I.R. first and make a decision in the matter of the
E.I.R. Page 111.
April 12, 1977
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Hearings continued until later in the meeting so the Hoard can
have the necessary information to hear the E.I.R.
77-710 APPROVE'.LEASB AGREEMENT RiTH CALIFORNIA DIVISION OF FORESTRY
'~ A lease agreement has been prepared for the joint occupancy use
of the Alder Springs repeater site with the California Division of Forestry.
The lease would allow CDF to place one radio repeater is the vault to
improve communications coverage in the north cauntq area. Cost associated
with the lease is $100 per year for the reimbursement of electrical power.
On motion of Supervisor Madigan, seconded by Supervisor Winston
and unanimously carried, lease agreement with Californip Division of Forestry
was approved and the Purchasing Officer was--authorized to sign.
The Probation Department request authorization for Arthur Gamoa
and Mike Mclver to attend the Deputy Probation Officers ?raising course at
Asilomar Conference Grounds, Pacific Grove aC an estimated cost of $447.
fllscussed.
On motion of Supervisor Winston. seconded by Supervisor Madigan
and unanimously carried, travel for twa persona to attend the Deputy
Probation Officers' Training course at Asilomar Conference Grounds, Pacific
Grove at ea estimated cost of $447 was approved.
77-712 APPROVE AMENDED APPENDIX A OF DEPT. OF HEALT& CONFLICT OF INTEREST CODE
On motion of Supervisor Winston, seconded bq Supervisor Madigan sad
unanimously carried, amended Appendix A of the Department of Health Conflict of
Interest Code was approved.
77-713 APPROVE ALLACATION OF REVENUE SHARING FONDS FOR CHAPMANTOWN PUBLIC WORKS
PROJECT MATERIALS
On motion of Supervisor Lemke, seconded by Supervisor Winston sad
unanimously carried, allocation of $85,000 of revenue sharing funds for
Chapmantows public works project materials was approved.
77-J 13 APPROVE EUDGET TRANSFERS__
On motion of Supervisor Winston, seconded by Supervisor Lemke
and unanimously carried, the following budget transfers were approved:
Flelfare - asnaral relief. Transfers $27,3$2 om ~ reserve to support
and care of persons which is necessary to corer the anticipated deficit in the 100
per cent county funded general assistance budget.
B-i10 Probation. Transfers $1,329 from the reserve. and together with unanti-
cipated federal revenue of ~11,964,eatablishes a budget for the home supervision
program within the Probation Department in tce implementation of Assembly Bill 3121.
Budget establishes 11,964. for salaries and wages and X1,329 for employee benefits.
B-I11 Oounty medical servioea. Transfers $6,869.17 from the reserve tc support
and care of persona in order to~pravide an appropriation in accordance with previous
Board approval to allow the; payment of past indigent medical billings. ~'
8-112 Juvenile H~11. Transfers X400 from professional and specialized services
to equipment maintenance in order to cover existing deficiencies and provide an
appropriation Par balance of current fiscal year brought abcut by unanticipated costs.
B-I13 Board of Suoervieore. Transfers $3,000 from memberships to'offiee expense
in order to cover existing deficiencies sad to provide an appt~opriation for the
balance- of the_~urrent Siscal year-brought•.about by increased and unanticipated costs.
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April 12, 1977
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77-714 APPROVE HEAD START PROGRAM LEASE , GRIDLEY
A lease agreement has been prepared with Cecil R. and Wilhemine C,
Ogilvie for rental of premises at 229 Bonnell Avenue, Gridley for a period of _
seven and one-half months for use of the Head Start Program. Total amount
payable is $562.50,
On motion of Superttisor Winston, seconded by Supervisor Lemke
and unanimously carried, lease with Cecil R, and Wilhemine C. Ogilvie for
rectal of premises at 221 Bonnell Avenue, Gridley, for a period of saves
and one-half months £or use of the geed Start•Program was approved and the
Chairman authorized to sign.
77-715 ADOPT RESOLUTION 77-61 AUTHORIZING SUBMISSION OF COIINTY MENTAL HEALTH PLAN
Chairman Richter informed the Hoard on the matters that are going
on regarding the MenCal Health program. They are contemplating getting out
of the Kenmar facility oa the Esplanade, the County treatment center where the
people are housed. They are talking about a new facility near the mental health
facility which would include the mental health offices. County staff would be
used to take care of the people.
Supervisor Moseley set out her thoughts regarding the budget and
the program, It was suggested that a seminar be set up so the Board members
could be posted°on.this field. Dr. Maguire will be regueated:to appear before
the Board and set out the programs relating to mental health.
Oa motion of Supervisor Winston, secoaded by Superniaor Lemke
and unanimously carried, Resolution 77-61 authorising submission of plan to
the State and authorizing Chairman to sign.
77-716 CONTINUATION OF HEARINGS ON APPEALS OF DENIAL OF PARCEL MAPS FOR
JAMES HAVLENE AND JAMES HAWT@ORNE
Copies of the E.I.R. on the James gavlena appeal of denial of
parcel map on AP 62-07-375, four lots, south side of Ponderosa Way, adjacent
to Old Bloomer Mountain Road, Berry Creek and the appeal of denial of
parcel map for AP 62-07-362 {James Hawthorne) located on the west side of
Bloomer fountain Road, approximately one mile west of Berry Creek Road, Berry
Creek, four Iota, distributed to Board members. E.I.R.a discussed, gearing
opened to the public; closed to the public as no one appeared to speak.
On motion of Supervisor Lemke, secoaded by Supervisor Madigan
and unanimously carried, the Board stated that upon review of the check list,
they approved the negative declaration an the tentative map for James Havieaa
(AP 62-07-375, four lots)sad concurred with the findings of August 3, 1976.
On motion of Supervisor Lemke, secoaded by 5upervieor Moseley
and unanimously carried, and upon review of check list. and finding ell
answers to be in the negative, for the E.I.R. the negative declaration
for the James Hawthorne tentative parcel map for AP 62-07-362 located on
the west side of Bloomer Mountain Road, approximately one mile west of
Berry Creek Rosd, Berry Creek, four lots. was approved with the findings
set out in the memo of August 3, 1976.
Bettye Blair, Planaiag Department, stated that these two maps are
not in confarmitq with theGenerai Plan. Copy of the Planning Director's report
presented to the Board members; report speaks to the vagueness of the General
Plan. It was €elt that something would have to be done in the near future about
the vagueness of .the General Plan.
gearing opened to the public. Appearing:
• •,. Page, 113.
April 12, 1977
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1. Bill Geddis, representing James Havlena and James Hawthorne.
Mr. Geddis stated that the property has been declared to have a negative
declaration; have found that the plan is not in conformity. Mr. Geddis
does not feel that these maps are out of conformity with the General
P1aa. '
Mr. Geddis went down through the find,iags'made by_the Planning
Director. This is primarily open space lsaa. -
Hearing closed to the public and confined to the Board.
Oa motion ofSupervisor Winston, seconded by Supervisor Madigan
and unanimously carried, the Board upheld the appeals on the Jaynes gavlena
and the James Hawthoxaetentative parcel mape,'approved the parcel maps,
based upon the finding that [he maps are consistent with the elements of r
the General Plan, aub~ect to the conditions net out below:
_nned a-~ Janes 7. lta~~lena. AP 62-t17-375, 4 Lots, saeeth aE
C.P. Ti:^ber E F'onuerosa ICsiy, adjacent to Bioor.:ar R~ountain P.oad,
±tt. Terrain Berry Creek.
Puxsuar:t to tF:e requirements of Section 20.3 of. tho Butte County Cade,
the tantatlL•e parcel map of the above identified p~^operty has been re-
vie:ved by the Butte County Subdivision Cor~mittee a:ut the Planning
Commission.
The Subdivision Committee recommended approval of the tentative parcel
map. The Planning Commission took no action. If approved, the follow-
ing conditions are recommended:
1. Proof of water or place, the statement on the flap as reeluired by the
ordinance .
2. Verify legal parcel.
3. Verify legal access.
4. Provid~~ave~rsahle access, and construct to RSS LTII standard. ~ .
5. Provide a cul-de-sac ar b5 ft. frontage to Pareel 3.
f. Indicate a 50 ft. building setback fxom the centerline of Ponderosa
Way, Bloomer Dlountain Road, and the proposed 60 ft. easement. ~`~'-"
`7. Show all easements of record on the final map.
8. Access easements to be reserved in deeds per County ordinance.
9. Provide a road maintenance agreement.
10. Road names and house numbering to be approved by the Dept. of Public
~7orks prior to recordation of final map.
A Regative Declaration Regarding Environmental. Impact was filed with the
-` County Clerk on August 3, 1976, finding this particular proiect poses no
significant adverse environmental effect, there have been other parcel
divisions-in_the immediate area with resulting. .parcels smaller than those_
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April 12, 1977
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April 12, 1977
s a e= s e e: s s s o s s s~ s s spp s ~s ss •~_~ s~~~ s~~ s
mountainousoareas~ofhButtetCauntydcouldreumulatively effectitimbertander-
watershed protection.
The timber mountain classification is intended far those areas which
have value as timber vroducing areas, watershed areas, scenic areas,
recreational areas and areas which by their character and particular
topography require special treatment and protection to mitigate po-
tential damage. Residential development in these areas should be
confined to areas where vae ofPerosion,osiltatiana surfacelandaground
mum amoant of damage by y
water pollution or the destruction of scenic and historical areas.
Density sl~o;~ld be considered on the basis of these factors ands weighed
against u<e of the areas far timber production, recreation an water-
shed protection- ___.._....._..----~-... _ . _. ... .. _. _......... ._ -
Zoned A-2 aim Hawthorne, AF 62-07-382, 4 lots, west side of
G.P. Timber Old Bloomer Mt. Road, approx. 1 mile west of Berry
~ fit. Terrain Creek Road. Engineer: Graves, Geddis $ Driscoll
Pursuant to the requirements of Section 20.3 of the Butte County Code,
the 'tentative parcel map of the above identified property has been re-
viewed by the Butte Cowzty Subdivision Committee and the Planning
Commission.
The proposed parcel map is designated as Timber-Dfountainous Terrain
in the Land Use Element of the General Plan. -
The Subdivision Committee and the Planning Commission recommend
approval of the tentative map, subject to the following conditions:
1. Show a SO ft. septic tank free setback on both sides of the drainage
way traversing the parcels.
2. Show on the final map those areas in excess of 30~ grade and note
that said areas are unusable for installation of septic tank systems.
3..'.Provide proof of water or place the statement on the map as required
by the Ordinance,
4. Provide traversable access to Berry Creek Road.
5. Verify legal access.
6, Indicate a 50 ft. building setback line from the centerline of Old
Bloomer Mounta3.n Road „and the access easements adjacent to or
across property.
7. Show all easements of record on the final map.
8. Provide a road maintenance agreement to Berry Creek Road.
9. Access easements to be reserved in deeds per County Ordinance. '
Z0. Street names and house numbering to be reviewed and approved by the
Dept. of Public Norks prior to recordation of final map.
A Negative Declaration Regarding Environmental Impact was filed with the
_,County C1er~C.on llugust lb, 1476,_findin the proposal Doses_no_si,gniff-_ ,
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April 12, 1977
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April 12, 1977
w s s w w w s s s w w e w s w a s w w w w w s we s w e w r s s: s w s
cant adverse environmental effects, however, it 35 a continued downparcel-
ing of the County's mountainous areas.
The timber mountain classification is intended for those areas which have
value as timber producing areas, watershed areas, scenic areas, recrea-
tional areas and areas which by their character and particular topography
require special treatment and protection to mitigate potential damage.
Residential development in these areas should be confined to areas there
the tepflgraphy of the land will allow a minimum amount of damage by gray
of erosion, siltation, surface and ground crater pollution or the destruc-
tion of scenic and.~historical areas, density should be considered on the
basis of tJiese factors and weighed against alternate use of the 2reas for
timber p ~'----:--- --nation and watershed
- protection.
77-717 PUBLIC xEARING: JOBN A. SHELTON-REZONE FROM A-2 (GENERAL) TO R-3 (MEDIUM
DENSITY RESIDENTIAL) PROPERTY LOCATED ON THE NORTH SIRE OF SHASTA AVENUE,
APPROXIMATELY 60 FT, EAST OF ESPLANADE IDENTIFIED AS AP 44-053-02 CHICO
The public hearing on the John A. Shelton rezone from A-2 (general)
to R-3 (medium density residential) property located on the north side of Shasta
Avenue, approximately 3b0 ft. east of Esplanade, identified as AP 44-053-02,
Chico, was held at this time. Earl Nelson, E.L R. Director, stated
the Board would have to•nake a determination about the B.I.R. Planning
Commission has held a hearing an the draft E.I.R. Comments on the draft
explained. Action an the rezoning should come up at a later date.
.A brief review of the impacts in the report should be held.
Mr. Nelson went through the imgacte. A few of Che impacts of the rezone
set out:~lose of soil, increase is traffic, trtffic related noise, water
quality may be degraded and increase demand of special services were a few
of the impacts.
Hearing opened to the public. Appearing: ao one.
Hearing closed to the public and confined to the8oard.
Mr. Nelson stated that this was a hearing on the draft E.I.R, The
E,I,R. will be finalized in the near future. The development will have
to have full urban improvements. Chairman Richter stated that the project
could not be approved until the General Plan is changed.
On motion of Supervisor Madigan, seconded by Supervisor Lemke
and unanimously carried, the hearing was coatim:ed to April 26, 1977
at 10:00 e.m., et which time the final E.I.R. and the rezoning will be
considered.
RECESS: 10:30 for morning recess and for a executive resaion on litigation.
RECONVENE: 10:40 a.m. following an Eaecntive Session.
77-7I8 AUTHORIZE CHAIRMAN TO SSGN SETTLEMENT IN THE AMOE)NT OF $45,000 WITB
NEVES ETAL VS COUNTY OF BUTTE
On motion of Supervisor Winston, seconded by Supervisor Lemke
and vneaimavsly carried, the Chairman is authorized to sign a settlement
with Neves etal vs County of Butte for the amount of $45,000,
77-T19 PUBLIC HEARINGS STONESON DEVELOPMENT CORPORATION - EIR AND REZONE FROM
A-2 LTD. (LIIgITED G~TERAL) x0 R-4 (i~L981~TM DENSITY RESIDENTIAL) PROPERTY
ON THE WEST ~4IDE OF CLARK ROAD AT 14UNlQELLY GOAD. PARADISE.
__. _, The public hearing for Staneeoa Development Corporation EIR and .`.
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` April 12, 1977
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ssssssssssssspcisoiZiag77ssssss~ ssssssss s
seeone Pram d-2 Ltd. (Limited General) to x-4 Maximum fiensit9 8eaidential)
property on the west tide of Clark•8oad at Nunneiiy toad, Paradise was held
as advertised. Earl Nelson, Environmental Director, eat out the background
of the EIR,
Aeariag opera to the public on the EIR. Appearing:
1. Phil Mace. Mr. Mace stated that he was concerned about
the impact of the project. Mr. Mace set out the responses that he
had made to the Board in hie letter dated April B, 1977. Mr. Mace
stated that the LIR is insufficient to justify approval. Mr. Mace stated
that he would tike the Soard to clarify the question of an assessment district.
2. Earl Halley, Chairman, MAC Planning Committee. Mr. Bailey
set out the area where the development ie proposed. Mr. Bailey stated
that the traffic would be increased considerably on Clark Road.
3. Warren Humbert, Chairman, MAC. Mr. Humbert stated that
the MAC adapted a Resolution opposing the project.
4. Sob Guth, McCain and Associates, Engineer for the Stoneson_
Development Corporation. Mr. Guth stated that the density asked for
could sot be attained dae to the restrictions £or septic. Mr. Guth
aettodtthi8 opposition to the MAC Resolution. Mr. Guth stated that
he is going through the petition system for formation of an Assessment
District on Nunnelly to Academy Drive. Thera are over 60~ o£ the property
owners who have signed the petition to date. Because of a problem in
the General Plan the Developer has asked Mr. Guth to have this project
referred back to staff eo that they may resubmit for a Lower density
zoning. This proposal would be resubmitted for R-3 instead of ~-k.
On motion of Supervisor Winston, seconded by Supervisor Madigan
and unanimously carried, the Stonesom Development Corporation rezone is
referred back to the Planning Commission.
5. Leo Angiono, Paradise Grange. Mr. Angiono opposed the project
due to the flooding possibility.
b. George Houghton. Mr. Houghton stated that he was opposed
to the project.
7. Lee Burnside, Vice-Chairman MAC Planning Committee. Mr.
Burside stated that the runoff would be double what it is now if the
project is allowed.
8. Harry Mu=rays :iPlr".'!'Murrk~; ktattdtthat he is concerned about
the wager situation. The impact of a large amount of people should be
considered at this time.
9. Bill Holding. Mr. Holding stated that he attended a PID
meeting and that they did aot want to take a poaitiom on the Staneson
Development rezone.
10. Mrs. C, L. Harris. Mme: Harris stated that she is concerned
with the septic on a project such as 5toaeaon Development Corporation. •
11. taymomd Griamett. Hr. Csi~ett atetad that he vas concerned
with the possibility of i`drooding due to the project development.
Page 117.
April 12, 1977
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12. Ralph Van Aepesen. Hr. Sea Aaperen stated that he vas
downstream from the project. Iiits~propartq lord been condemned because
it xas a swamp beforfs he put is drainage. There is stilt r problem with
the drainage. _
77-720 APPEARANCE 8 ZE CO
otse state t t e d property oa Munjat Road in Cfico area
sad would like to get a building permit. Tha property has a Certificate of
compliance on it. The problem is with the deposit to place improvements
on the property.
Mr. Castleberry, Director Public Works, set out the background
of the area.
Discussion of.formatioa of an assessment district had at this
time.
On motion of Supervisor Winston, seconded by Supervisor Lemke
and unanimously carried, a waiver for improvements on the Roger Lotze
property was approved with the conditions of Mr. Lotze signing a Setter
agreeing to put the improvements in when it is necessary; Public Works
ie to bring back a proposal to accomplish the improvements on the area.
77-721 ~EARANCE; GARY MARTIN.
Mr. Martin stated"that he was Mr. Lotze contractor and would
like to know when the building permit could be issued. Mr. Castleberry
to take care of the matter.
77-722 APPEARANCE,_DEVERE PACE. CHICO.
Mr. Pace stated that he was representing the Farm Bureau.
The Bureau et this time would like to commend the Board on the handling
of the four elements of the General Plan, especially the Scenic Highways
Element.
77-723 HEARING: ADOPTION OF__UNIFOAM FIRE CODE CONTINUED TO MAY $ 1977.
On motion of Supervisor Winston, seconded by Supervisor Madigan
sad unanimously carried, the hearing on Adoption of Uniform Fire Coda is
continued to May 3, 1977 at 11:00 a.m.
77-724 MOTION OF 1NTEia FORMATYON OF ASSESSMENT DISTRICT BL'ARRTBOAD:;L.FAiF
PR0.7ECT N0. M-Y~46(2).
Qn mot~ian ofj Supervisor Lemke, seconded by Supervisor Madigan
and unanimously carried, a motion of intent for formation of assessment
district for curb, gutter and sidewalk between Elliott Road and Biile
Road as part of the CLARK ROAD, FAU Project No. M-YX~46(2) was approved.
77-725 PUBTSC WORKS ITEMS APPROVED;
On motion of Supervisor Madigan, seconded by Supervisor Winston
and unanimously Earried, the following items were approveds
1. Approved Contract Change Order ~1, Oroville-Quincy Highway
FAS Project V366(1) and authorized Chairman to sign.
2. Authorized sale or disposal of tires from Neal Road landfill
to conserve space.
3. Authorised refund of S2Q0 far map applicatioa•for three Iots,
AP b4-O1-OS, betaeea Humbug Road and Himahew Ridge Read, 500 feet north of
Ponderosa Way. ~•-` ~ ~-- ,,,,, ~-. --.-----.---...-.--__........ ~
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April 12, 1977
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i ~l C S S!! i 6!! i t ! i C C! i! i! i! i! i i C s! O W i
77-726 ADOPT RESOLUTION y?-62i•avra0$TZING CBATBMAri TO xIGN JOI2iT USS AGREEMEr1T
ITITEi PGFRE 'oN SKYWAY IiQ YICINITX ~ola.~ & .iI00DSiARD AVENIIg,
On motion of Supervisor Winston, seconded by Supervisor Madigan
and unanimously carried, Resolution 77-62 authorizing Chairman to sign Joint
Use Agreement with PG&E on Skyway in vicinity of Holly & Woodward Avenue
was adopted and the Chairman authorized to sign.
77-727 REP_0_RT._ 1978_ SECTION 2156_ I3EEBS _STUDY
Mr. Clay Castleberry, Public Works Director, gave a report to
the Board on the 1978 Section 2156 needs study. Information; no action
necessary.
77-728 AUTHORIZE REFUND OF $55.33 FOR BUILDING PERMIT APPLTCATIOPI TO RON
REPLOGE
Mr. Castleberry set out the background of the request for refund
for building permit application to Ron Reploge.
On motion of Supervisor Lemke, and seconded by Supervisor Madigan
and ananimou~ly ~arr~,ed refund 1Ln the amount of $55.32 for building permit
_ '_ application oY Hap~oge Baas •apprwed.
77-7~9 CONTINUED IIEA$ING - 1'88RMON $, iTAT1iER APPEAL OF A$NTSD PARCEL MAPS
FOQR LOTS,•SOUTH6~ST COANBR OF KATHY SANE AND GARNER LAtaE, CHICO,
AP 4 - 0-051 REFERRED B.ACR FOR RIDESIGN.
The continued hearing on the~Thermon B. WalJcer appeal of denied
parcel map, four lots, southwest corner of Kathy Laae and Garner Lane,
Chico, AP 47-30-05 was held at this time. Mr. Castleberry, Public Works
Director, set out the background of the appeal. The ratio of width to depth
d~~ is not meet the guidelines for lot design.
On motion of Supervisor Madigan, seconded by Supervisor Winston
and unanimously carried, the Thermon 8. Walker parcel map, four lots,
southwest corner of Kathy Land and Garner Lane, Chico, AP 47-30-05 is
referred back #or re-design.
77-730 AUTHORIZE ENVIRONNIENfAL REVIEW DIRECTOR TO ENTER CONTRACTS WITH
CONSULTANTS FOR DEVELOPMENT OF ENVIRONMENTAL DATA NECESSARY TO ENVIRONMENTAL
REVIEW OF SPECIFIC PROJECTS
Oa mo~foa of Supervisor Lemke, seconded by Supervisor Madigan
and unanimously carried, the Environmental Review Director was authnxized
to enter consultant contracts for development of environmental data necessary
to the environmental review with the contracts being reviewed by County
Counsel.
77-731 PUBLIC SCARING DATE SETS Cf1APMANTOWN DEMONSTRATION IMPROVEMENT
PROGRAM - NEGATIVE DECLARATION
A public hearing date of May 26, 1977 at 10:15 a.m. was set
for Chapmantown Demonstration Improvement Yragram, Negative Declsratioa.
77-732 DISCUSSION: PRAPOSED MODIFICATIONS OR REVISIONS TO THE ENVIRONMENTAL
EW GUIDELINES
Dan Slaekstock, County Counsel, stated that the staff has come up
witi}~ recommendations concerning modification or revisions to the Environmental
Review Guidelines. This would eliminate the tremendous amount of steps
it takeato appeal oa EIR and rezone.
Staff to bring back a graph showing the different steps at the
present time and with the modifications neat week.
77-733 ADOPT RESOLUTION 77-63: AMENDMENT TO ENVIRONMENTAL RSVIF~I FEE SCgEDULE
AND IMPACT COST REPORTS
On motion of Supervisor Winston, 'seconded by Supervisor Lemke
amd unanimously carried, the Resolution 77-63 amendment to Environmental
Review Fee schedule and impact cost repasts was adopted and the Chairman
authorized to sign.
_ - • • • Page 119. _• `~- April 12, 1977
77-734 ADOPT RESOL(rTICSI 77~6fit GRANrI1CG NON-EXCLVBIVE P'RAItCEiTSE FOR CABLE
TELEVISION SERVICE TC THE AREA$ BURR0QNDING THE TOWNS OF BIGGS AND GRIDLEY
Oa motion of Supervisor Winston, 'seconded by Supervisor Lemke
aad unanimously carried, Resolution 77-64 granting non-exclusive franchise
to NOR CALCDeblevision, Tnc. for cable television service to the areas
surrounding the towns of Biggs and Gridley was adopted and the Chairman
sutharizad to sign.
77-735 APPOINTMENT: CHILD HEALTH AND DISABILITY PREVENTION BOARD
On motion of Supervisor Lemke, seconded by Supervisor Madigan
and unanimously carried, Delilah Payne, 1837 Hemlock, Chico was appaiated
a member of the Child Health and Disability Prevention Soard,
77-736 i1PPEARANCE: BILL LAWRENCE. AUDITOR.
B111 Lawrence, Auditor, read a prepared statement regarding
the Board's directive last week concerning data procesaing.aad accounting
functions,
Board questioned Mr. Lawrence regarding remarks made in hie
statement at this time.
Discussed; no action takes. Original statement given to Clerk
and filed.
77-737 DISCUS52DN: INSURANCE POLICY - GENERAL LIABILITY~POLICY
C13f Mitkelson, Administrative Officer, set•out the background
of the General liability policy being proposed. 'This would be with a
45 day cancellation provision. 'The Board can cancel immediately.
Oa motion of Supervisor Winston, seconded by Supervisor Lemke
and carried, securing:of the policy with Columbia Casualty;Company with
a 45-day cancellation~proviaion~was confirmed. AYES: Supervisors Lemke,
Madigan and Wdnstoa. 'NOES: Supervisor Moseley and Chairman Richter.
On motion of Supervisor Winston, seconded by Superfrisar Madigan
and unanimously carried, tranefer~of $6y500 from the Reserve to the General
Insurance budget to establish an,appropriation to.caver thp~insurance study
to be performed by Watren, McVeigh,.Gri~~ia•and•Huntington'Waa approved.
On motion of Supervisor 'Winston, seconded 'by Supervisor Lemke
and carried, a $50,000 expenditure•sppropriation within the General
Insurance budget for "self insurance claims" be authorized; :authorize
County Admialatrative:Officer tti;ne otiate with ad~ustere for adjusting
services; authorise Administratiire ~fficer sad Co~rnty'Counsel to invest-
igate retaining of outside legal~Pitm to~svpply defence counsel and report
back to the Board. AYES: Supervis rs Lemke, Madigan and Winston. NOES;
Supervisor Moseley and Chairmen Rioter.
The Board then discussed the fact that this insurance would
require a transfex from the reserve for contingencies The board decided
that in view of the fact khat tiie required #our~~6otes~aecessary far such
transfer was not ~reseat, that fhe matte= would be diacussec~ again next
week. ~'
77-738 ADDITYONAL MATTERS PRE,ED $Y THE BOARD
Supervisor Moseley asked $bout;the~study cn Juvenile Hall.
Glif Nickelson set out the amount of accvpaats aC the Juvenile Hall at
this time. Mr. Micjrelson set out the possible urea for the hall at
this time. '
Pagt I20.
April 12, 1977
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April 12, 1977
m= a o ~ s::.: ~.:..:.... _ ....: ~~ ~. ~ .~ e
Supervisor rtadigaa Stated that a copy of the Letter from the
Greater Chico Chamber~of Commerce cam~cerniag drought conditions and
possible initiation of a study that would estimate our current water
requirements for irrigated crops fa Butte Couaty should be referred to
the Agriculture Department.
ADJOURNMENT: The Board .
There being nothing furthers before the Board at this time the
meeting was adjourned at 1:25 p.m. to reconvene on Tuesday, April 19,
1977 at 9:00 a.m.
ATTEST; CLARK A. NEL30N, COUNTY CLERK
Bye `~„~ airman, Board Ot Supervisors
Board of S v gore Clerk ..._ ., .. _..,
Page 121.
April 12, 1977