HomeMy WebLinkAboutM051678May 16, 1978
STATE OF CALIFORNIA )
~ SS.
COUNTYOOF BUTTE }
The Board of Supervisors met at 9:00 a.m. pursuant to adjournment.
Prese~h't Supervisors Lemke, Madigan, Moseley and Richter. Clif Mickelson, Administrative
Officer; Dan Blackstock, County Counsel; and Clark ~,. Nelson, County Clerk, by Margie
Catt, assistant clerk of the Boardo Absent: Chairman Winston.
On motion of Supervisor Madigan, seconded by Supervisor Moseley and carried,
Chairman Winston was excused from this meeting.
Pledge of Allegiance to theFlag of the United States of America.
Invocation by Supervisor Moseley
7,8-935 APPROVAL OF MINUTES
', On motion of Supervisor Moseley, seconded by Supervisor Madigan and
', carried, the minutes of May 9, 1978 were approved as mailed.
78-936 COMMUNICATIONS
Area 2 Deve opment Disabilities Board. Jane Kirkendall, consultant, writes conceming
the Access California Projects submitted by Butte County EOC. Referred to
Rozia Kahn, with request she bring back a recommendafion to the Board.
Edward E. Wilson, Jr., Chico. Mr. Wilson writes requesting an extension of time
to August 15, 1978 to submit a reclamation plan as required in the Surface
Minit39 Ordinance and state law. See motion following communications.
Phillip L. Wilson, Oroville. Mr. Wilson writes appealing the Raymond Lumsden,
et al rezone from AR to AR-MH for property located approximately
300 feet south of V-6 Road, approximately 400 feet west of Lower
Wyandotte Road, identified as AP 36-073-8, 23 and 24, Oroville. $ee
setting of hearing later in the meeting.
Acacia Veterinary Hospital, Chico. James R. Claesgens, DVM, appeals the decision
of the Board of Zoning Adjustment denying a variance to expand into the
twelve foot setback yard for a dog run e~rclosure on AP 44-021-056, 479 East
Avenue, Chico, Supervisor Richter stated he had talked to Dr. Claesgens and
he would like to withdraw his appeal at this time.
City of Chico. Mayor Thorn writes requesting that members of the Board of Supervisors
meet with the Intergovernmental Relations Committee to discuss various
alternatives in the Chico Transit Development Program. Supervisor Richter
and Madigan to meet with Mayor Thom. Administrative Officea to set
up the meeting.
City of Chico, Mayor Thorn writes conceming plans for remodeling and expanding the
existing animal shelter inChico. Information.
Oroville-Wyandotte Irrigation District. TheDistrict forwards a proposed ordinance
for Board consideration that would provide for the rules and regulations
to control activities around reservoirs in Butte County owned by O, W.I,D.
Referred to County Counsel.
Page 439.
May I6, 1978
Mayl6, 1975
USDA Forest Service -Chico Tree Improvement Center, Chicaa The Department
forwards a draft copy of their environmental anaj;~asis for the Chico Tree
Improvement Center. Referred to Earl Nelson for review.
Jerry B, Sharpe, Durham. Mr. Sharpe appeals the Board of Zoning Adjustment's
denial of a variance to allow a building 3 ft. from the property`:l:ine
on property zoned "A-5" located on the east side of Jones Ave.;
approximately 1~4 mile southr~4f Midway, identified as AP 40-30-34, Durham.
Set for hearing on June 6, 1978 at ]0:15 a,m.
Alfred Do Jones. Sends his res7gnation from the Kimshew Cemetery District. Supervisor
Lemke stated he would like the resignation accepted with a letter of
appreciation being sent to Mr, Jones. No action taken at this time.
78-937 GRANT EXTEN510N OF TIME TO EDWARD E. WILSON, JR., CHICO TO
SUBMIT RECLAMATION PLAN
On motion of Supervisor Madigan, seconded by Supervisor Moseley and
carried, Edward E. Wilson, Jr„ Chico, was granted an extension of time to
August 15, 1978 to submit a reclamation plan as required in the Surface Mining
Ordinance and state law.
78-938 MATTERS PRESENTED FOR INFORMATION
Supervisor Ric ter commented on t e change of his image.
Supervisor Richter stated he had received a card that states that the
Nolanites did not smash nis signs. He also said that as an item of concern, he
is getting fatigued by the memos and letters from Bill Lawrence. The latest memo
states that Jim Johanson has violated their settlement. Words from memos received
during the;:,pas# year from Mr. Lawrence,, County Auditor, read by Supervisor Richter,
These same words are used many times and this latest memo is in the same vein.
Discussed; no action taken.
Supervisor Richter stated that CountyCounsel has sent to the Board members
a letter from ButteCounty Legal Services, with a recommended approach by County
Counsel, Roughdraft of County Counsel's letter discussed. Mr, Blackstock requests
Board approval regarding this letter regarding spending funds for unmet transportation needs.
Letter discussed. Letter should be written with the Chairman signing.
It was moved by Supervisor Richter, seconded by Supervisor Madigan and
carried, that the approach set out in the letter presented by County Counsel, with the
correction, be approved, letter authorized and County Counsel authorized to proceed
in the matter.
Supervisor Richter stated he had received a letter from Mrs. Goodspeed,
Durham. She has a roadway that she owns; sheY~has been told that she has to name her
driveway. Mr. Castleberry stated there were three houses on this driveway. He
stated she did not have to name the roadway but numbers could not be assigned to the
houses. The County ordinance states that driveways that have a number of units
on it should be named. At the present time, the mailboxes are at the entrance
of the driveway.
Mr. Castleberry will discuss this matter with Mrs. Goodspeed.
Page 440.
May 16, 1978
---------------- May_16~1978--------------------
78-939 APPROVE DEOBLIGATION OF MODIFICATION TO SUMMER GRANT (SPEDY 77)
A modification to las` year's summer grant (SPEDY 77) has been prepared to
deobligate $7,956 from SPEDY 77 to be incorporated into the SPEDY 78 grant, This
modification is primarily for federal accounting purposes and does not affect the
SPEDY 7$ grant as previously approved.
On motion of Supervisor Richter, seconded by Supervisor Moseley and
carried, deobligation modification to SPEDY 77 grant approved and Director authorized
to sign,, with a letter being sent to Mr. Haldigan, Dept, of Labor commending C.C. Brown
on the pre-grant procedures.
78-940 APPROVE. RENEWAL OF EMPLOYEE HEALTH INSURANCE
T eBlue S ie d Company advises that t e renewal rates for fiscal year
1979 will refl~~}a 17.2% increase. Thei increase is based upon experience, medical
cost trending and upgrading of the medical foundation schedule,
On motion of Supervisor Richter, seconded by Supervisor Madigan and.
canned, the Personnel Director was authorized to notify Blue Shield to renew the
policy for fiscal year f979.
78-941 WAIVE FIRST READING OF SALARY ORDINANCE AMENDMENT
A salary ordinance amendment has been prepared wFrich esta lishes a rate for
keepers used by the civil division in the Sheriff and Marshal's offices; provides for
mandatoryccost of living increase for judges; adds one building plan checker and
reassigns several positions in Public Works engineering operations.
On motion of Supervisorltichter, seconded bySupervisor Madigan and
carried, first reading of salarycocdinance amendment was waived.
78-942 AUTHORIZE PURCHASE OF CASH REGISTER
T e REcorder requests aut orization to purchase a Victor model 580
cash register at an estimated cost of$2,900.
On motion of Supervisor Richter seconded by Supervisor Madigan and
carried,. purchase of cash register for Recorder authorized.
75-943 ACKNOWLEDGED AND RATIFIED NOTICE OF TERMINATION TO KENMAR AGREE.
. On motion of Supervisor Richter, seconded by Supervisor Madigan and
carried, the Board acknowledged and ratified notice of termination of Kenmar
Residential Care Home Service agreement and rental agreement, effective June 30,.1978.
78-944 APPROVE LETTER-PG 8 E POWER PLANT WORK PROGRAM
A letter has been prepared to be sent to the State Energy Commission
responding to their comments on the County's work program.
Ontnmotion of Supervisor Richter, seconded by Supervisor Madigan and
carried, letter to be sent to the State Energy Commission responding to their comments
on theCounty's work program was approved and Chairman authorized to sign,
78-945iHEAR1NG SET: REVENUE SHARING PLANNED USE
A public hearing was set for May 30, 1978 at 9:30 a.m. in the Board
of Supervisors' Room on Revenue Sharing Planned use.
78-946 APPROVE CHANGE ORDER,,#6, ADMINISTRATION BUILDING
c ange or er as e~err~r~re o a c een ca en ar days to the
ag
May I6, 1978
j_
May I6, 1978
construction contract due to rain and poor site conditions in February.
On motion of Supervisor Richter, seconded by Supervisor Madigan
and carried, Change Order #6, Administration Building, was approved and the
Chairman authorized to sign .
78-947 APPROVE CONTRACT: DISTRICT ALLOCATION PROGRAM-BIGGS WASTE WATER
TREATMENT PLANT
A contract has been prepared with the City ofGridley in the amount of
$:0,000 as part of the District 4 Revenue Sharing Allocation Program.
On motion of Supervisor Moseley, seconded by Supervisor Madigan rnd
carried, contract with the City of Biggs in the amount of $50,000 as part of the
District 4 Revenue Sharing Allocation for Biggs Waste Water treatmentplant was
approved and the Chairman authorized to sign.
78-948 DISTRICT ALLOCATION PROGRAM-GRIDLEY WASTE WATER TREATMENT PLANT
CONTRACT APPROVED
A contract has-been prepared with the City of Gridley in the amount
of $40,000 as part of the District 4 Revenue Sharing Allocation Program.
On motion of Supervisor Moseley, seconded by Supervisor Richter and
carried, contract-with the City of Gridley in the amount of $40,000 as part of the
District 4 Revenue Sharing allocation program for Gridley waste water treatment
plant-was approved and theChairman authorized to sign.
78-944 DELINQUENCY PREVENTION COMMISSION: MATTER HELD OVER
The report on the delinquency prevention commission was held over
at this time.
78-950 BUDGET TRANSFERS APPROVED
On motion of Supervisor Richter, seconded by Supervisor Mooseley
and carried, the following budget transfers were approved:
B-182 Community Action Programs - 1977 Grant Year. This transfer
transfers appropriations within various EOC and Head Start projects to cover end of
grant deficits. Within the Community Action Agency Administration project transfers
$1,086.02 from other costs to consumable supplies. Within the EOC summer youth
recreation program, transfers $198 from space costs and rentals and $258.93 from
other costs, with $456.93 going toward consumable supplies. Within the Housing
Winterization Program, transfers $213.87 from rents and leases of equipment, with
$86.78 going toward salaries and wages, $120.f1 to fringe benefits, and $6.98
to travel. Within the Community Development Program, transfers $2,217.87 from salaries
and wages, with $1,054.97 going toward travel, $65 toward space costs and rentals,
$753 toward consumable supplies, and $344.90 to other costs, Within the Community
Centers Program, transfers $55.14 from employee benefits to salaries and wages and
also transfers $3,457.1?_ from space costs and rentals, with $334.82 going toward
trove! and $3,122.90 f'oward consumable supplies.
In Head-Start -Handicapped Program, transfers $749.49 from special
departmental expense, with $692,50 going toward extra help and $56.99 to
employee benefits. Wrthin the HEW Co-Ord component transfers $10,108.01
from salaries and wages to extr help and also transfers $15,710.18 from
4'age 442.
May 16,. 1978
lvtr I6 1978 .:
-Y _•_
special department expense, with $407.44 going toward medical and dental.
', costs, $256,88 toward food costs, $3,816.69 to liability insurance, $419.02
to utilities, $2,381.75 to telephone expense, $672,95 to parent involvement,
', and $7,755.45 to travel. Within training and technical assistance, transfers
$158.70 from transportation and travel, with $129,75 going toward professional
and specialized services and $28.95 to office supplies.
B-185 Contribution -Other Agencies. Establishes an appropriation of
$1,548 for the county share of cost of the Chico Airport Environs Study in accordance
with action of the Board of5upervisors on February 14, 1978; Minute Order 78-32.
'; Funding is coming from the reserve.
B-186 Assessor. Transfers $2,000 from office expense and $1,000 from
-other transportation and travel, with $3,000 going toward professional and
specialized services to increase the appropriation in order to cover the cost
of aerial photographs of agricultural areas in accordance with action of the.
Board of Superiisors on May 2, -1978.
', B-178 Mental Health -General Services. Transfers $13,000 from food
to rents and leases of structures'in;~order to cover expenditures for the change orders
', in the new Mental Health Services Building. Also included is a transfer of $85,000
from salaries and wages, $6,000 from employee benefits, $10,500 from household expense,
and $10,000t~from professional and specialized services, for a total of $111,500 ~r
', going toward rents and leases of structures.
B-188 Environmental Review. Transfers $300 from extra help, $400 from
', overtime, $200 from publications and legal notices, $100 from other transportation and
travel, and $250 from fixed assets -equipment, for a total of $1,250 going toward
office expense in order to cover present deficiencies caused by underestimating printing
costs.
B-189 Building and Subdivision Inspection -Subdivision Inspection. Transfers
$20 from fixed assets -equipment to memberships in order to cover a deficiency caused
', by the increase in membership dueso Also included in this transfer are additional
appropriations to extra help, $3,000; overtime, $1,500; and office expense, $3,100;
with funding coming from unanticipated revenue, planning and engineering services.
', These latterhranfers are necessary to cover present deficiencies and to provide a
sufficient appropriation for the remainder of the fiscal year which has been caused by workload
increases in parcel and subdivision map processing,
', B-190 District Attorney and PubiicAdministratoro Transfers $500 from extra help,
$20 from memberships, $218 from publications and legal notices, and $3,100 from the
', reserve; with $3,.838 going toward professional and specialized services in order to
', cover the present deficit caused by an increase in the number of blood alcohol tests.
B-l91 Orovilie Judicial Court. Transfers $600 from the reserve to other
transportation and travel i n order to cover present deficiencies and to provide an
', appropriation for the remainder of the fiscal year.
B-192 Supplemental Manpower Program - CETA Title VI Administration.
', Transfers $617.78 within professional and specialized services accounts which will
transfer the appropriation from the federal fiscal year 1978 to 1977 to cover additional
expenditures in .1977 grant year. Page 443.
May i6, 1978
----------------May_I6~ 1978--------_-_-__-_--__
78'-951 APPROVE CASTLE ROCK SUBDIVIS~~f:O~N RELEASE OF ROAD & DRAINAGE IMPROVEMENT
BONDS: APPROVE WOODRIDGE SUBDIVISQ'~ N F[NAL MAP
On motion of Supervisor Richter, seconded by Supervisor Moseley and
', carried, the following action was taken: .
f, Approved the release of maintenance bonds and accepted road in subdivision
for maintenance for Castle Rock Subdivision,
20 Approved Woodridge Subdivision final map, accepted public utility.
easements on Dalton Way, Showdown Circle, Firethorn Circle, Crocket Court, Woodbox
Court, Chipwood Court as shown on the subdivision map and granted in fee,
78'-952 APPROVED PLANS & SPECIFICATIONS -SKYWAY, WOODWARD TO COLTER,
PROJECT NO. 51261-77-I
On motion of Supervisor Richter, seconded by Supervisor Madigan and
carried,. plans and specifications for Skyway, Woodward to Colter, Project No. 51261-77-I
were approved; Chairmancand Director of .Public Works authorized to sign plans;
wage scale adopted; bid opening set at 11:00 a.m., Public Works Office, June 8, .1978.
Transfer to be proposed at a later date by Mr, Castleberry,
78-953 APPROVE PLANS AND SPECS: CHICO WALKWAY, PROJECT CW-77-1
', On motion of Supervisor Madigan, seconded by SupervisorRic ter and carried,
plans and specifications forChico Walkway, Project CW-TI-I opproved; Chairman and
Director of .PublicWorks authorized to sign plans; wage scale adopted; bid opening set at
11:00 aom,, PublicWorks Office, June 8, 1978; and authorized relocation~Sf mailboxes
and performance of leach line relocation work by county-crews as part of the~<project,
78-954 PUBLIC HEARING: JAMES BARNES ABANDONMENT OF A 12 FOOT PUBLIC UTILITY
', EASEMENT LYING WITHIN LOTS 6 and 7 OF FEATHER RIVER HEIGHTS:&UBDIVISION,
PARADISE: ADOPT RESOLUTION 78-93
T ep`i is Baring on t e James Barnes abandonment of a 12 foot public utility
easement lying within Lots 6 and 7 of Feather River Heights Subdivision, Paradise was
held as advertised, Background of the request set out by Clay Castleberry, Director of
', Public Works. Planning Commission recommended approval.
Hearing opened to the public. Appearing: no one. Hearing closed to the
public and confined to the Board,
On m otion:aaF Supervisor Madigan, seconded by Supervisor Richter and carried,
abandonment approved, Resolution 78-93 abandoning a public utility easement~rwas
adopted and the Chairman authorized to sign,
78-955 PUBLIC HEARING: MR. & MRS. LE ROY A. HELLERT. -..ABANDONMENT OF A PUBLIC
'UTILITY EASEMENT WITHIN LOTS 243 and 244 OF PARADISE PINES UNIT 12
', The public hearing on the Mr. & Mrsr LeRoy A. Hellert request for abandonment
of a public utility easement within Lots 243 and 244 of Paradise Pines Unit 12 was held as
'advertised. Mr, Castleberry<_~s~@t."out the background of the request for abandonment.
PlanningCommission recommend approval of the abandonmento
', Hearing opened to the public, Appearing: no one, Hearing closed to the
',public and confined to the Board.
On motion of Supervisor Richter, seconded by Supervisor Madigan and carried,
Page 444,
May I6, 1978
--------------- ivl._y_16,-1978_
Resolution 78-94 abandoning a public utility easement was adopted and the Chairman
authorized to sign .
78-95b PUBLIC HEARING:.CONSIDERATLCLN.OF THE.FORMATION OE COUNTY SERVICE AREA
# 57 (BERRY!"'~Eif=EK F[RE HYDRANTS) ADOPT RESOLUTION 78-95
The public hearing on the consideration of the formation of Coun#y Service
', Area #57, Berry Creek Fire hydrants, was held as advertised. Bill Turpin, Administrative
Office, set out the staff comments and explained the actions taken by LAFCO. He
stated that the Ponderosa Subdivision boundaries were used as bourrdacies of this district.
Hearing opened to the public. Appearing: no one. Hearing closed to the
public and confined to the Board. Mr. Turpin explained that the Board would be approving
the boundaries of the district and that the question of the formation of the district and the
tax rate would be placed on the November ballot for the vote of the people.
On motion of Supervisor Richter, seconded by Supervisor Madigan and carried,
boundaries of County Service Area #57 were approved; Resolution 7$-95 adopted and the
'~; Chairman authorized to sign.
76-957 ADOPT RESOLUTION 78-96 .CERTIFYING MAINTAINED MILEAGE WITH THE COUNTY
In accordance with Section 2121 of the Streets and Hig ways Code the county
must certify to CALTRANS each year the current main:#ained mileage of county roads.
On motion of Supervisor Richter, seconded by Supervisor Madigan and carried,
Resolution 78-96 concerning changes in maintained mileage within Butte County was adopted
and the Chairman authorized to sign.
78-958 ADOPT RESOLUTION 78-97 AMENDING..CERTAIN SUBDIVISION AND LAND DIVISION
', STANDARDS AS ESTABLISHED BY RESOLUTION77-49
Pu is Works recommends u~h3age~'fo fir"e hgdYdnts; required~street~'Iight~ng and
.EeEe~ichedu-les.~ Mr.~Castlei~Fry~,~v~11=l~pvk inta~matter'-of~~Moek-~pfo~fre tiv~ksz~~
Proposed resolution discussed at length. There is a public need for fire hydrants in
', subdivisions. Mr. Castleberry will discuss the matter with Mr. Bob Paulus, Fire Warden.
', Street lighting discussed.
On motion of Supervisor Madigan, seconded by Supervisor Richter and
'' carried, Resolution 78-97 amending certain subdivision and land division standards
as established by Resolution 77-49 was adopted and the Chairman was authorized to sign.
78-959 PUBLIC HEARING CONTINUATION: ERROL NALL-RECONSIDERATION OF TENTATIVE
PARCEL MAP, FOUR LOTS, AP 42-09-06, N/S OF HIGHWAY 32, BETWEEN MUI R AND
KENNEDY AVENUES, CHICO: TENTATIVE MAP DENIED
T e continued pv lic hearing on the Errol Ha reconsideration of tentative
parcel map,. four tots, AP 42-09-06, north side of Highway 32, between Muir and Kennedy
', Avenues, Chico (continued from April 4, and May 9,.1978) was held at this time.
', Earl Nelson, Director of Environmental Review Department, present to discuss the request.
Action was postponed at the previous hearings because the plr~perty is in the area zoned
for orchard and field crops, !t-was stated that Mr. Hall has expressed a desire for Board
', action at this time rather than having this hearing m ntinued again,
Review of the Environmental review held at this time. Hearing opened to the public.
Appearing: no one. Hearing closed to the public and confined to the Board.
Page 445.
~~ May I6, 19'78
________________Mayl61 1978 _______--
It was moved by Supervisor Moseley, seconded by Supervisor Richter and carried,
that the Board finds that the proposed project could not have a significant effect on the
environment and a negative declaration is recommended,
Public hearing opened on the reconsideration of tentative parcel mop.
Appearing: no one. Hearing closed to the public and confined to the Board.
'' On motion of Supervisor Richter, seconded by Supervisor Madigan and
', carried, reconsideration of tentative parcel map for Errol Hall denied.
'78-9b0 DISCUSSION: RESOLUTION REGARDING DEVELOPMENT STANDARDS IN
PARADISE AREA
This'would establish the map of the Paradise urban area. It-shows where there
', should 6e walkways. Public Works recommends that the Board review the proposal and
', defer consideration to May 23. Supervisor Richter felt this would protect the County's interest.
Action on proposal put-over to May 23, 1978 meeting.
78-961 REPORT ON BID OPENING -PARADISE EXPRESS
Mr. Castle rry reported on id opening for the Paradise Express.
Paradise Taxi ~ $2,30 per ticket
8.00 per hour for van
Paradise Express 2.70 per ticket
9:50 per hour for van
Mr. Castleberry said he was not recommending award of bid today.
Supervisor Richter said he was concerned about this operation; he felt that Mr. Castleberry
should determine that the proper insurance is obtained and that theequipment
is adequate.
78-962 DISCUSSION: SIGNS ON NO RD-GIANELLI ROAD
Mr. Caste rry reported that the Board ad directed him to put up signs
on the Nord-Gian:~li Road stating that tractors with lugs not to use the road. The
one sign gets everyone that goes on the dead end road; they are having problems with
the sign at-one end,
It was moved by Supervisor Madigan that the Board limit the sign on Nord-
Gianelli Road to the initial sign and place the other sign in the warehouse at Public
Works. Motion fails for lack of second.
Mr. Castleberry will bring this matter back next week for fwther consideration o
78-963 PUBLIC HEARINGS SET ON PLANNING ITEMS
', T e following pu lic earings were set:
', E. Sierra Del Oro Home Owners Association -approved negative
declaration and rezone from "RT-1"(minimum-density residential-mobile home) to
"R-MH' (residential-mobile home) property described as being Sierra Del Oro
Subdivision, Units 1, 2, 3 and.4 located north of Rosewood Drive, east of Skyway,
south of Imperial Drive, and west of Northwood Drive to allow only signle family
;, mobile home dwellings -set for June 6,-1978 at-10:00 a.m.
Page 44b.
May Ib, 1978
_________________Mad l6s 1978 =------------------
------------------
', 2. Norseman Duplex Investors -approved negative declaration and
rezone from "R-3 "(medium density residential} to "R-2" (duplex residential) property
located on the northeast corner of Norseman Avenue and Lassen Avenue identified
as AP 44-37-20 and a portion ofAP 44-37-13, .containing 12.20 acres, mare or less,
Chico -set for May 30, 1978 at 10:30 a.m.
3o Robert Ea Pasch -approved negative declaration and rezone from
"A-R" (agricultural residential) to "AR-MH' (agricultural residential-mobile home)
', property located on the west side of Seventh Street approxifiately 400 feet south of
Yuba Avenue, identified as AP 31-237-2, 31-237-6 and 31-242-b, containing 0.48
acres, more or less, Oroville set for May 30, 1978 at 10:45 aom.
4. Raymond Lumsden, et al -approved negative declaration and rezone
from "A-•R" (agricultural residential) to "AR-MH" (agricultural residential-mobile home)
property located approximately 350 feet south of V-b Road, approximately 400 feet west
of Lower Wyandotte Road, identifried as AP 3b-073-8, 23 pod 24, containing 2.5 acres,
more or less, Oroville, set for May 30, .1978 at 10:00 a.m.
78-964 INFORMATION ITEM: IiEEORT TO BOARD- REGARDI~:rdG SOLANO RAILCAR
COMPANY: DENIED NEGATIVE DECLARATION & REZONE
Report to the Board regarding So ano Rai car Company -denied negative
declaration and rezone from "A-2" (general) and "A-R"(agricultural residential)
to "M-2" (heavy industrial) property located along the Southern Pacific Railroad
right-of-way from Baggett-Marysville Road south to Ophir Road, identified as
AP 35-210-01, c35-220-1, 35-220-2, 36-16-14, 36-20-II and 36-27-20 (portion),
.containing 10.0 acres, more or less, Oroville, acknowledged; no action taken.
78-965 ADOPT ORDINANCE 1922 AMENDING SECTION 20-68 and 20-120 OF THE COUNTY CO
CODE CONCERNING THE EXTENSION OF..TIME_LN FILING FINAL SUB;ti?~l\/ISION
MAPS AND COMPLIANCE WITH DESIGN STANDARDS
On motion of Supervisor Richter, seconded by Supervisor Moseley and carried,
second reading of Ordinance amending Section 20-b8 and 20-120 of the Butte County Code
concerning the extension of time in filing final subdivision maps and compliance with
design standards was .waived, Ordinance 1922 adopted and the Chairman authorized to sign.
78-966 REPORT ON REQUEST FOR TAX REFUND-CLIFFORD V. BONHAM:
TAXES ORDERED TO BE REPAID
Report on request for tax refund for Clifford V. Bonham discussed. Dan
Blackstock, County Counsel, reports that the Assessor has reported that they have been
assessing this property illlegally. This is public owned property. The Board could
authorize the Auditor to repay these taxes upon receipt of a verified claim back for a
period of four years,
On motion of Supervisor Richter, .seconded by Supervisor Moseley and
carried, tax refund for Clifford V. Bonham was authorized to be paid, providing that
a verified claim is filed, to refund taxes back over a period of four years.
RECESS: 10:10
RECONVENED: -10:20
Page 447.
May Ib,_ 1978
-----------------Mai lbj 1978 ----
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78-967. PUBLIC HEARING: SIERRA. DEVELOPMENT._&._CONSTRUCTION COMPANY; APPEAL
OF APPROVED NEGATIVE DECLARATION & USE PERMIT
The pu lic hearing on t e Sierra Development and Construction Co., appeal of
approved negative declaration and use permit to allow sale and storage of building
materials, storage of equipment, and appurtenant office space on property zoned
"A-2 Ltd. "located on the west side of Skyway, approximately 300 feet north of
Wycliff Way, identified as AP 64-66-02 and Ob, Paradise,-was held as advertised.
Staff in-put presented 6y Earl Nelson, Originally a conditional negative declaration
was recommendedo A revised assessment has been presented to the Board in their
packets. There are areas of concern that. could affectthe neighborhood. It was felt
that this could be incompatible to the area unless mitigating measures were applied.
Check list set out and discussed.
Hearing opened to the public on the environmental concerns of the
project only. Appearing:
I. W, J. Matson, 70 .Wichita Drive,'idlagalia, stated that the delegates
of the Upper Ridgy Council voted unanimously in opposition to this use. They are
trying to preserve the natural beauty of the area. They da not feel that the use of
the subject property fits the use of the area. He spoke to the noise factor from the
truck and trailer traffic.
2. Phillip Moore, representing Sierra Development and Construction Company.
Pictures of the area shown,
Hearing closed to the public and confined to the Board.
Jim Lawson, Planning Director, states that this is in violation with the
General Plan; this is shown as a residential area. It was felt that use permits should also
be consistent with the General Plan. Supervisor Richter recommended that the Board
approve this concept.
Environmental Impact Report discussed. No action taken on the negative
declaration at this time.
Hearing opened on the project at this time. Mr. Lawson reported that the
vote by the Board of Zoning Adjustment-was 2 to 2 on approval of the use permit.
Appearing
I, Mr. Phillip Moore, Lovelock and Skyway-road, He presented a plot
plan of how the use would be laid out on the property. Use of the property discussedo
It was stated that the buildings themselves will form a barrier. There will be only small
rock piles, Most of the materials will be delivered to the jobs. A fence has to be
constructed around the area to be used. Area use set out and discussed.
2, W. J, Matson, 70 Wichita Drive, Magalia, registered a protest
against the use permit,
3. Mr, Ted Malquist, Nimshew Road, spoke against the use permit,
4. Mr, George Clapper, Paradise Pines.
5. Mr. Jerry Everhard, Wycliff Way, Paradise, set out his opposition
to the use.
Page 448,
May 16,.1978
--------------= May 16.1978 =______ ____________
Hearing closed to the public and confined. to the Board.
On motion of Supervisor Richter, seconded by Supervisor Madigan and
carried, the Board reversed the Board of Zoning Adjustment and denied the use
permit.
78-968 PUBLIC HEARING: APPROVED NEGATIVE DECLARATION AND REZONE FROM
INTERIM A-5 AND INTERIM A-160 to A'5, A-10 and A-40, PROPERTY LOCATED
IN-._GENERALAREA.OF LN.TE_RSLCTLO-N-OF:MERIDIAN ROAD & MUNJAR ROAD:
ADO PT O RD I NA NC ES 1923, .1924 & 1925
The public hearing on the Butte County Planning Commission approved
negative declaration and rezone from interim A-5 and interim A-160 (agricultural,
five and 160 acre parcels) to A-5, A-10 and A-40 (agricultural, five, ten and 40
acre parcels} property located in the general area of the intersection of Meridian
Road and Munjar Road held as advertised. Planning Commission approved. the negative
declaration and rezone.
Earl Nelson set out the background of the negative declaration.
Planning Commission hopes to phase out the A-2 zoning in this area. The_ negative
declaration was recommended for approval,
Hearing on the negative declaration opened to the public. Appearing:
I. Mr. Dan Grigsby, Meridian-Munjar Road, He stated that there is a
development going in out there that has a drainage problem, If you purchase a
piece of property there you have to sign a document stating you wi II not oppose
going into a drainage district if it is formed, He was not opposed to this uses
2. Mr. Dalton, Meridian-Munjar Road, He would like to be included
in the A-5 zoning.
Hearing closed to the public and confined to the Board.
It was moved by Supervisor Richter, second~J by Supervisor Moseley
and carried, that the Board finds the proposed project-could not have a significant
effect on the environment, and a negative declaration is recommended.
Hearing on the rezone held at this time. Mr, Lawson said the vote of
the Planning Commission was 5-0 in favor of the rezone, Certain parcels were
recommended to be deleted from the ,~e~one, The deleted parcels will be
included in the Rock Creek rezone area. Discussed the matter of a zone that would
accommodate the private flying club. This is a recreational type club.
Appearing
I. Bill McNelley, Meridian Road. He is in the area to be deleted.
He wanted to know what part of his property would be deleted. He is listed for one
parcel with interest in another parcel, He has a 20-acre parcel; there is a 89-acre
parcel that he has none-third interest in; essentially he has;; three parcels.
One parcel will be in the A-40 rezone; the other two parcels will be deleted from
this rezone, The back 89 acres will be left out and included with the Rock Creek
study.
Page 449,
May Ib, 1978
` Ma~Lbt19Z8_--_~_~~____________
2. Mr. Dan Grigsby, Durham, He has 80 acres in the middle of
the checker board area. The land was purchased for farming purposes; the soil
is good and he is farming there. He wants his property to remain as 40 acre parcels.
He does not want to be included in the A-5 zoning.
Mr. Grigsby request discussed. This would be within the A series and
the parcel size is merely being changed. County Counsel said there would be no
problem with zoning this property A-40. Mr. Grigsby brought up the matter of
the drainage study in that area. He wou H like some guidance on the matter.
Drainage will be provided by Mro Gridgsby, but he stated he does not have the
drainage problem experienced by the other properties in the area. He was told to
discuss the matter with Mr. Castleberry.
3. Mr. Dalton, Munjar Roada He requested that he be included
in this rezone. He has 157 acres and would like to be in the A-10 zoning area,
His property is range land and he is trying to sell it. Request discussed.
4. Mr, Rex Livingston, Munjar Road. He wishes to be included in
the red line. He has 120-acres; he would like to be in the A-10 area.
5. Mr. Wafter Temple, Park Avenue, Chico, representing his son
David. He requested that his property be rezoned A-5.
Hearing closed to the public and confined to the Board.
Discussed the expanding of the area to be zoned. .Supervisor Richter
said he would be opposed to the expanding of this area. At the Planning Commission
hearings, other people had requested to be included and they were turned down.
Supervisor Madigan suggested thptthis be taken back to the Planning Commission
to study the other requests for inclusion within the rezoning.
It was suggested that the Board could go ahead and approve what the
Planning Commission has recommended, with the exception of the Bill McNally,
Dan Griggsby, Haynes and Tonelli properties. It was felt that the Casamajor
property should het be excluded,
On motion of Supervisor Richter, seconded by Supervisor Madigan and
carried, the rezone from interim A-5 and interim A-I60 (agricultural, five and
160 acre pdr~els), to A-5, A-10 and A-40 (agricultural, five, ten and 40 acre
parcels}property located in the ®eneral area of the intersection of Meridian Road
and Munjar Road was approved,as recommended by the Planning Commission, with
the exception of Dan Grigsby property, which should be rezoned A-40 as requested
by Mr. Grigsby, and with the exclusion of the McNelly, Haynes and Tonelli properties,
which will be included in the Rack Creek Study and to include the Casamajor property
in the A-10 zoning; Ordinances 1923 (A-5 zoning) ,Ordinance 1924 (A-10 zoning} and
Ordinance 1925 (A-40 zoning) were adopted and the Chairman authorized to sign.
78-969 PUBLIC HEARING: JOHN J. MARAN-APPEAL QF.APPROVED. ENViRCtNMENTAL
IMPACT REPORT Aim USE PERMIT TO ALLOW A TEN UNIT MOBILE HOME PARK
The public hearing on the John J. Moran appeal of approved environmental
impact report and use permit to allow a ten unit mobile home park on property zoned
"A-2 Ltd. "located on the west side of Foster Road, approx[mately 150 feet south of
Southern Pacific Railroad.rightrof-way, identified as Ap 52-25-69, Paradise, was
Page 450.
May- Ib, .1978
May I bl .1978
held as advertised. Earl Nelson set out the background of this appeal. The
request is fora mobile home park. There are some unique features of this site.
There are marshy areas and the plant grav/f#~i is;;v~r~ fil~iaky This is a controversial
proposal ,
Mr. Nelson said the Board should certify the impact report. There
are a number of findings that will have to be made.
Hearing opened to the public on the approved environmental
impa~* report . Appearing:
I. Phil Mace, attorney at law, representing some of then.
neighbors of this; project. A copy of the final environmental impoct report
had been secured from the environmental department. His copy of the report
is different than that of Mr. Nelson's; there are more facts in the copy that
Mr. Nelson is referring to.
Mr. Nelson stated that the report does not become final until
the Board certifies it. His copy has been up-dated. Report set out by page
and item numbers. Report discussed. It was felt that contamination of the
stream should be looked at; there should be a response statement that there is
as~;ootential danger of the over flow into the s#ream area.
Mr. Mace felt they should have had the opportunity;i'p have this
additionaliinformation so they could examine it o They are also concerned
about the alternatives listed. The alternative a apartments is not even proposed.
Multiple dwellings not considered.
', Supervisor Richter stated that the update by the sanitation department
', was presented on MaylOth. Mr. Mace said he did not believe as a point of
law that a final E.I.R. should be added to after it has been-certified as finalo
He was told that the environmental question-was re-opened when it was appealed
to the Board.
', Mr. Mace stated that hearings are required on draft impact reportso
These reports should not be handled in such a manner that the residents do not have
', knowledge of the information that the Board is given. Mr. Earl Nelson stated
that Mr. Mace is technically correct. This is a draft report. If questions are
raised, they have to be raised in writing and they must 6e included in-
the report. TheBoard cannot act on the project until the report is certified.
Mr. Mace stated that his people might be raising some questions of the
environmental review department; they are not prepared to comment on the leaching.
His people have not had a chance to read this report and comment on it.
Del Siemsen will look at this report and research the questions raised;
he requested a continuance of awo weeks.
Hearing continued to May 30, 1978 at 9:45 a.m.
78-970 D-ISCUSSLON:-OBLIGATION OF COUNTY'CTO NOTIFY RE ENVIRONMENTAL
DECLARATIONS OR REPORTS
Discussed the obligation of the County to notify of changes in environmental
Page 45i. May 16, .1978
reports or declarations. It was felt that if additional things are added to the
reports, then the birector should send a copy to the people appealing the report.
Assume that any applicants or person appealing these reports would want to be
notified. Earl Nelson said they would be happy,; to cooperate. His department
could let the interested parties know that the information is available.
78-971 APPEARANCE: STAN FORTIER, DURHAM
Stan Fortier, Dur am,. presented t e Board members with a statement
that he would like them to read and fill out and sign, Supervisor Lemke stated
he found the questionnaire highly objectiona8le~ and that he did not have. to
sign a statement for pima
Mr. Fortier said that last week he had asked Joe Bandy, Ag Commissioner,
to answer these questions. Supervisor Lemke stated he would tell Mr. Bandy not to
consider answering the questions.
78-972 APPEARANCE: JERRY EVERHARD, VSWYCLIFF ROAD, PARADLSE PINES
Jerry Everhard, Paradise Pines, commended the Board on their.
appeal processes. He commented on Supervisor Moseley's ability to pick members
of boards and committees.
78-973 APPEARANCE: H. C. ASHLEY, PINE CONE WAY, MAGALIA.
H. C. Ashley, Pine Cone Way, Magalia, stated he was somewhat
surprised about an article in the Paradise Post that discussed the valunteer fire
department on the ridge. They were offered the use of a fire engine with no cost,
He said that Fire Station 53 would like to know if they could get in on this
type service also.
Administrative Officer will check with Mr. Paulus and see what is
going on up on the ridge. County Counsel will also research the matter of
whether a bill could 6e sent to the person that had the fire and will report back
to the Board.
78-974 APPEARANCE: MRS. E. SHIELDS, ORANGE AVE., OROVILLE RE SENIOR.
CITIZENS NUTRITIONAL CENTER
Mrs. Shields reported that a meeting had been held on May 13th in
Redding about the Senior Citizens Nutritional Center. A Mr. Shaw was a surprise
', visitor. He is over the entire State of California, Department of Aging and he
stated that the Senior Citizens Nutritional Center would be funded for another
six months time. She stated that-now is the time to present-•:~ the grant to
', Sacramento requesting that Butte County run (heir own program.
Mr. Mickelson said he had been advised that the time is past to
present such an application; they will accept no more grant appFications until
next year.
Supervisor Richter stated he would-like to see Mr, Shaw. He stated
the program will be continued and they.will be funded. Anew director is being hired so
that thet program will be functioning. Supervisor Richter stated he would discuss
this matter withrthe new Board of Directors.
78-975 APPEARANCE: PRISCELLA PEDSCHE, PARADISE
Mrs. Pedsche, Paradise, voised a complaint about two illegal mobile
homes on property in her area. She has received some information from Mr, Ferguson,
Planning Department. Mr. Lawson stated that this matter has been referred to
County Counsel. Mr. Blackstock requested that the lady go to his office and
discuss the matter with Mr. Siemsen. Mr. Lawson stated that these were the mobile
homes where an affidavit had been signed that the home would not be sold or
rented. The District Attorney would have to take action to abafe fhe violations
Mr. Lawson will investigate the matter and will bring back a report to the~oar~. 1978
Page 452, y
_----==___=====May I6 .1978______________________
78-97b_.APPEARANCE: - G~.RD.AN CASAM,4JO..R, .CEiICD.-REZOI~III~IG_QE.MERIDIAN-MUNJAR ~
AREA: BOARD ACTION AMENDED TO DELETE CASAMAJOR PARCEL
Gordan Casamajor, Chico,. commented on the Board action regarding the
rezoning of the Meridian-Munjar area. He asked if it was to be Board policy to zone
without a hearing. He heard Mro Lawsan state that his parcel was excluded for
further hearing. His parcel was to be referred to another hearing. He stated he
did not have anon-conforming use with the airport in a A-2 zone.
On motion of Supervisor Richter, seconded by Supervisor Madigan and
carried, the Board amended their action under Minute Order 78-968,. approving the
rezone of the Meridian-Munjar area, to delete`jhe Casamajor parcel and refer it back
to the Planning Commission with the recommendation that they come. in with a
', zoning recommendation,
78-977 APPOINTMENTS HELD OVE R O NE WEE K
', Appointment to t e Orovi a squito Abatement District, to the
', Housing and Community Development Advisory Committee and to the Butte
County Council of Senior Citizens held over one week.
78-978 DISCUSSION OF WATER ADVISORY COMMITTEE RECOMMENDATIONS: HELD OVER
ONE WEEK
Discussion of Water Advisory Committee recommendations concerning request
for concurrence on the sale of surplus water by Oroville-Wyandotte Irrigation District
put over one week.
78-979 APPROVE LETTER OF RECOMMENDATION RE TRANSFERRING TITLE TO WATER
County Counsel stated he wanted direction regarding comments on the
Task Force report on transferring title to water. He asked the Board if they would
like to go ahead and approve the letter or modify it. There is a hearing tomorcow
and the contractors will get together to discuss the task force's recommendations.
', On motion of Supervisor Madigan, seconded by Supervisor Moseley and
carried, the Board approved the letter of recommendation regarding the water delivery
transfer of wafer, as submitted.
78-980 DISCUSSION:- SKYWAY PROJECT
', Supervisor Richter commented on CALTRAN requirements about the Skyway
project. This is a FAS road. Fle suggested that members of the Board of Supervisors get
with Mr. Castleberry to discuss this project. Supervisors Moseley and Richter will meet
', with Mr. Castleberry and will bring back a recommendation.
RECESSED; The Board recessed at I:O:O for an executive session to discuss litigation.
RECONVENED: The Board reconvened at 1:02 following an executive session.
78-981 DISCUSSION LITIGATION
Supervisor Lemke stated that the litigation that had been requested to be
discussed in Executive Session would instead be discussed in this open session.
Dan Blackstock, CountyCounsel, had received a call from the County Counsel's
Association to request him to ask the Board if they-would like to join in the matter
of the questioning of the constitutionality of Proposition 13 if it passes in the June
Primary Election, Supervisor Richter stated that he hoped that the County-would not
enter into any litigation against the vote of the people, There are questions about
Proposition 13 that are difficult to understand. It is obvious what the proposition
is about. Supervisor Madigan concurred with Supervisor Richter in his statements.
Page 453.
May 16,.1978
----------- May_I6~1978-----------------
Nick Ellena, Chico Enterprise, asked whyCounty Counsel felt that
this request should be considered as a Brown Act matter, Mr. Blackstock said
that all litigation was discussed in Executive Sessions, but that any action taken
by the Board on litigation matters were in the Board minutes.
-- -- _ -
78-982 MATTERS PRESENTED BY BOARD MEMBERS
Supervisor Lemke read a resolution from the Board of Supervisors of
Santa Barbara County requesting the State of California Legislature to adopt
legislation to remove all non-property-related services from the property tax levy,
Resolutiatz~ filed with the Clerk.
Supervisor Moseley said she would like to know how the Board feels
', about doing a little more change on the land use procedureso She is for doing
something more drastic that the County could live with. There should be a
little revamping and revising of the General Plan; the present Plan causes problems.
Supervisor Moseley will meet with County Counsel and work on the
General Plan and bring back aomethin g that she wishes to have expressed in the
General Plan.
Pi an ,
Jim Lawson will be requested to give an updated report on the General
Supervisor Lemke stated he had received a call from Dr. Hazeltine
about the spraying they-have been doing in the Paradise area. Complaints have
been receivedo Dr. Hazeltine wanted the e o c hat they are doing
what they are suppose to be doing; the alth problem is Brea d without the
spraying. Organic spray is being use The problem of the m alto is much
', greater than the people realize, _
ADJOURNMENT: `
There being nothing fart er before the Boa a t i ti e t e eeti
was adjourned at 1:20 porn. to re con ene on Tuesday, 178 a 0 mo
ATTEST: CLARK A. NELSON, COUNT(
(~ ~ ~ t \
By: ~"'l C n of a oard
Asst, C e f e Board
Page 454.
May 16,.1478