HomeMy WebLinkAboutM060777
June 7, 1977
STATE OF CALIFORNIA )
SS.
COUNTX OF BUTTE )
~.
The Board of Supervisors met at 9:00 a.m. pursuant to adjournment,
Present: Supervisors Lemke, Madigan, Moseley, Winston and Chairman Richter.
Cli£-Micke'1'son, Adminis erative.:Officer; Jim Griffith, deputy county counsel;
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
77'110_9_ APPROVAL OF MINUTES
On motion of Supervisor Winston, seconded by Supervs.sor Lemke
and unanimously carried, the minutes of May 31, 1977 were approved as mailed
with the addition on Page 224, salary ordinance amendment, to state that a
3rd posiCian of Planner was added to Planning Commission and on Page 232,
Ttem 77 1097, change name of Burns to Laverne.
77-1II0 COMMCTNICATIONS
Robert F. Guth, Paradise. Mr. Guth submits his resignation as a member of
the Paradise Municipal Advisory Council. Supervisors Lemke and Idinston
/ Q~ •~¢ to meet with group Wednesday night; to report back to Board.
Department of Housing and Urban Development. The Department advi.ed that
$189,360 is available for the Pub1lc.HOUSing program for this area
next fiscal year. Information.
'7Z2~oo
Frank y. Kline, ifiagalia. Mr. itline writes concerning taxation inequities
a£ the Magalia County Water District. Referred to County Counsel.
Supervisor Lemke suggested that a committee be appointed to study
this matter and settle it once and for all. Chairman Richter states
`Q0, S 9 that RCRC has a book out covering this subject.
~ t-IcCQin & Associates. They write asking for a two week .continuance. on :the Stoneson
Dev. hearing set for 3une 14th. Administrative 0£ficeT to make
note o£ this continuance.
~~ 3 ~~ 0 R. G. i~atson. He states th~~t due to the delay in notifying him and delay in the
mall he was unable to appeal the action 'in this matter. Appealed
~ decision regarding his proposed Iot split AP 42'15-30. Administrative
~` 3 •D J Officer to check out and reporC back to the Board.
Charles W. Muncy. Writes appealing idilbur Mills parcel map. Referred to Public
i S;TOrlcs. Liter in meeting set for hearing on June 21 at 10:30 a.m.
~~ ~•~ ~ Harry and Srline Estes, property owners in Butte Meadows. Objects to the
closing o$ the dump at Butte Meadows. Their property has been
re assessed and their taxes have been tripled. Urged the Board to
!~ ~, 0~ reconsider their action.
Claim. Gloria~Jean Sa~~ryer files claim in the amount of $204.00. See motion
following communications.
~ ~ O' Z1 Summons and Complaint. First American Title Insurance Company vs. County of
;~ Butte, Superior Court No. 2b7I53.. Referred to County Counsel.
/C7 ~ ` Dept. of Water Resources. Proposed Lease between Reclamation Board and Department
of Fish and Game, Oroville Wildlife Area. Supervisor Madigan reported
on this matter. He reported that they intend to plant cover material
(~ ~~, D i on the San Joaquin floodways. He felt that before this property is
turned over to the State, that an E.I.R. should be required. See
motion following communications.
Page 236.
3une 7, 1977
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Rev. Wendell Pek.' I)rites about possibility of a Welfare Office in the Chico
area. Supervisor Madigan had Che letter and will refer it to
the Welfare Department.
77-llll_E.I.R. TO SE REQUIRED OF PROPERTY TO SE TAKEN BX STATE RE FLOODWAYS
On motion o£ Supervisor Madigan, seconded by Supervisor Winston
and unanimously carried, the Board moved that before the property the State
desires to plant ^rith permanent folage is turned over to the State, an E.I.R.
should be filed on said property and Chat the County should be allowed to
review the E.I.R,
77-1112 REJECT CLAIM OF GLORIA JEAN SAWYER
On motion of Supervisor Winston, seconded by Supervisor Moseley
and unanimously carried, the claim of Gloria Jean Sawyer in the amount o£
$204.OD was rejected and referred to County Counsel. Copies to go to
District Attorney also.
77-1113 ADOPT RESOLUTIONS: NO. 77-94 & 77-95 ANNEXING TERRITORY TO COUNTY
SERVICE AREA N0. 26 _
On motion of SSupervisor Moseley, seconded by Supervisor Lemke
and unanimously carried, the following resolutions were adopted and the
Chairman authorized to sign:
Resolution 77-94 annexing territory to County Service Area No. 26
(Robert Brown, landowner)
Resolution 77-95, annexing territory to County Service Area No. 26
(Feather River Recreation and Park District AnnexatioT
77-I114 APPROVE TRAVEL FOR PERSONNEL DEPARTMENT-AN- HEALTH DEPARTMENT
The Personnel Director requests authorization for John Hunter
and Chuck X.ateur Co attend the CPR training instruction course in Oakland
June 15-16 at an estimated cost of $160-travel by county car:
The Health Director requests authorization for Lorna Thompson
and Marsha Ellesberg to attend an in•-service tral.ni~ng seminar for crippled
children services therapists on June 12-i4 in Paib Alto at an estimated cost
of $156._. Travel by county car.
Requests discussed, It was recommended that the travel resolution
be amended, relating to travel by two people from one department, to allow
travel if approved by the department head and Administrative Officer.
On motion on Supervisor Lemke, seconded by Supervisor Winston
and unanimously carried, the following travel requests were approved, with the
understanding that the Administrative Officer will bring back something to the
Board to clear up the matter of travel for two or more persons from one office;
1. John Hunter and Chuck Lateur, Personnel Department, to attend
the CPR training instruction course in Oakland June 15-16 at an estimated cost
of $160. Travel by County car,
2. Lorna Thompson and Marsha Ellesberg, Health Department, to
attend an in-service training seminar for crippled children services therapists
on June 12-14 in Palo Alto 'at an estimated cost of $156. Travel by county car.
-1115 AUTHORIZE VEHICLE AC 1ISITION b'OR PUBLIC WORKS
Pub11c llorks requests a need for six vehicles to be used in
conjunction with the CETA jobs program. Purchase of vehicles is estimated at a cost
Fage 237.
June 7, 1977
_______________,loge=7=~9Z7~ ____________-_-_
not to exceed $6,000 with funding to come from the road reserve.
On motion of Supervisor Madigan, seconded by Supervisor Lemke
and unanimously carried, purchase of vehicles for Public Works authorized and
Auditor directed to prepare the necessary budget transfer.
-1116 AUTHORIZE ADDITIONAL FUNDS FOR BI CENTENNIAL PARK
In order to complete landscaping of the Hi-Centennial Park Plaza an
additional $3,810 will be needed for a total project coat of $18,352. Item
explained by Administrative Officer.
On motion of Supervisor Winatoa, seconded by Supervisor Madigan
and carried, additional $3,810 to complete the work on the Bi-Centennial Park
was authorized and the Auditor directed to complete the necessary budget transfer
with funding coming from the reserve.
AYES: Supervisors Madigan, Moseley, Winston and Chairman Richter
NOES: Sup~rviaar Lemke'
-1117 AUTHORIZE PURCHASE OF VOTOMATICS
The County Clerk requests authorization to purchase ten votomatice
at a cost of $1,060 including freight and tax. Punding ie available from the
unencumbered balance of the Clerk's fixed asset account.
77
On motion of Supervisor Winston, seconded by Supervisor Madigan
and unanimously carried, purchase of votomatics, ea set out above, authorized,
funds to be taken from the unencumbered balance of Clerk's fixed asset account.
1118 APPROVE ANNUAL AUDIT
The joint Grand Jury and Bosrd of Supervisor's contract for the
annual audit of the records for the fiscal year ending June 30, 1977 has been
prepared. The Audit Committee recommends the £irm of Herbert J. McClanahan
at a cost not to exceed $10,00D.
On motion of Supervisor Winston, seconded by Supervisor Moseley
and unanimously carried, contract for annual audit with the firm of Herbert J.
McClanahan approved and the Chairman authorized Co sign.
1119 APPROVE CALIFORNIA STATE FAIR DISPLAY AGREEMENT
The Development Commissioner advisee that the State Fair display
contractor will prepare the display this year at a cost of $1,000. Funding is
available from within the Department's transportation account.
Chairman Richter felt-the Board should look into the possibility
of having the schools prepare the display. Suggestion dfscussed. As there is
a time crunch for this particular year, it was felt should go ahead with this
contract and consider the schools preparing the display next year. To be
(discussed at another date.
On mnCion of Supervisor Winston, seconded by Supervisor Lemke
and unanimously carried, the Board granted authorization to enter into an agreement
~or the display at the State Fair and directed the Auditor to prepare the necessary
Transfer.
77-1120 HEARING: PARADISE PINES, UNIT 15, HARRY TAYLOR, ET AL ABANDONMENT OF PUBLIC
UTILITY EASEMENT: ADOPT RESOLUTION 77-96
The public hearing on the Paradise Pines, Unit 15, Harry Taylor, et al
abandonment of public utility easement oa the north property line of Lot 179 was
held as advertised. Clay Castleberry, Director of Public Works, set out the
background of this abandonment. He said he would hope that the Board would find
t appropriate to abandon this easement.
Page 238.
June7, 1977
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Hearing opened to the public. Appearing: no one. Hearing closed
to the public and confined to the Board,
On motion of Supervisor Winston, seconded by Supervisor Madigan
and unanimously carried, Resolution 77-96 of abandonment of public utility
easement was adopted and the Chairman authorized to sign,
-1121 BUDGET TRANSFERS AUTHORIZED
An motion of Supervisor Winston, seconded by Supervisor Madigan
and unanimously carried, the fallowing budget transfers were approved:
8-148 County buildings. Transfers $4,600 from salaries and cages with
000 going to extra help and X1,600 tc equipment maintenance. The extra
deficiency has occurred because of extended illnesses to janitors and
equipment maintenance because of vehicular breakdowns and other repairs.
H-149 District Attorney - administration. Transfers $110 from office
se to memberships in order to increase th§ appropriation because of an
.ass in various membership fees.
B-150 Chico Msrshal. Transfers X200 from overtime to extra help because
unanticipated civil and court workload and also transfers $50 frog office
sues to special departmental expense for the purchase of ammunition used
training of employees. ,.
B-151 Veteran's Service Office. Transfers $200 from recipient trans-
tation and travel to office expense brought about by a higher cost of
B-152 Farm and Hame Advisor. Transfers $989.07 from equipment to office
use to provide an additional appropriation for office expanse due to the
~icigated coat of supplies.
B-153 Memorial halls. Transfers X750 from aelaries and wages to houae-
ld expense because of unanticipated costs and also transfers $3,7CC from
e reserve to extra help to provide an appropriation for additional
sistance in the Durham Memorial Hall.
B-1 Agriculture. Transfers ~1,~00 from professional. and specialized
rvices to equipment maintenance brought about by the increased cost of
pairs that have been necessary.
BB__.7.55 Bugs Constable. Transfers $775 from the reserve to other trans-
portation and travel in order to provide an additional appropriation brought
about by increased expenses in driving more mileage serving papers and having
to travel to tither county justice courts for Biggs court matters.
B-1 6 Gridley Justice Court. Transfers X519 from jury and witness
expense, 3C0 from professional and specialized services, and $150 from other
transportation and travel.; with ffi19 going to memberships, $700 to office
exponsa, and X250 to Hoard authorized travel. These transfers havo been
brought about becauea of increased expenses in the various accounts,
B~ Treasurer-Tax Collector. Transfers X693 from the reserve to rents
sad leases of equipments in order to provide an appropriation to cover the
cost of installation and rental of an alarm system for the Tro3surer's office
._ .... Page 234. -
June 7, 1977
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E_758 Fzre orataction. Transfers $1,700 from the rental of equipment
from within the fire protection budget with X500 going to maintenance of
radios, X500 to maintenance of vehicles, and X700 to maintenance of vehicles
xithin the volunteer fire budget. The purpose of this transfer is to increase
the appropriation for the various maintenance accounts because of unanticipated
cost of repairs to older equipment.
Formation of a point City of Chico-Butte County Task Force to
oversee Chapmankown planning program discussed, Administrative Officer to
post for appointments.
On motion of Supervisor Winston, seconded by Supervisor Madigan
and unanimously carried, formation of Task Force authorized and Administrative Office
instructed to poet notice for appointment of three private citizens from: the
Chapmantown area.
1123 AUTHORIZE AGREEMENT WITH REX GOULD CONSTRUCTION COMPANY FOR DEMOLITION AND
CLEARANCE-SOUTH OROVILLE AREA
A bid of $2,400 has been received for demolition aad site clearance
on several parcels in theSouth Oroville area. Awarding of bid discussed.
On motion of Supervisor Lemke, seconded by Supervisor Winston aad
unanimously carried, Aldainiatrative Officer authorized to enter into an agreement
with Rex Gould Construction Company for a sum not to exceed $2,400, for demolition
and site clearance on several parcels in the South Oroville area.
77~
1124 REPORT ON STATUS OF ENVIRONMENTAL REVIEW PROCESSES BACKLOG AND
DISCUSSION OF ALTERNATIVE METHODS TO ELIMINATE THE BACKLOG PERMANENTLY
Earl Nelson, E.I.R. Director, reported on statue of environmental
review processes backlog aad discussion of alternative methods to eliminate the
backlog permanently held. Chairman Richter stated that the two letters covered
the situation pretty adequately.
Mr. Nelson stated the county was two months behind when this office
was formed. They have narrowed the backlog to one month. Mr, Nelson stated he
es suggesting that the department staffing level should be looked at. The extra
help is needed to keep pace with the applications. Mr. Nelson feels his department
has a responsibility to do the fob thoroughly.
Chairman Richter appointed a committee of Supervisors Lemke and
nston to meet with Mr. Nelson; Mr. Nelson will show them what is involved in the
placation process and what is required of the staff members to complete the
plications.
77.1125 PRELIMINARY REPORT ON RESPONSES TO AUDITOR'S REQUEST FOR PROPOSALS FOR
DEVELOPMENT_ OF COMPUTERIZED ACCOUNTING SYSTEMS: PUT OVER ONE WEEK
8111 Lawrence, County Auditor, presented a report to the Board
Ion his request for proposals for development of computerized accounting systems.
Mr. Lawrence requested permission to read the report; Chairman Richter stated the
Board members would take the report, read it and then the report will be discussed
,next week.
Matter continued to Tuesday, June 14, 1977.
Page 240.
June 7, 1977
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June 7, 1977
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~OA~iTI0N5CON CERTI$ICATE OF'COi~L~NCEEFOROPLACEMENTSOFNAVM~BILE0~~0~TTEE
PROPERTY IDENTIFIED AS AP 44-36-16, SCENIC LANE (A PRIVATE ROAD), OFF OF LASSEN
A__VENUE. NEAR BURNAP AVENUE CHICO
Public hearing on the Floyd I. Nolan appeal of Subdivision Violation
Committee conditions on certificate of compliance far placement of a mobile home
on property identified as AP 44.36 16, Scenic Lane (a private road), off~.of
Lassen Aveaue, near Burnap Avenue, Chico, was held at this time.
Mac Parker, Public Works, set out the background of this appeal.
It is recommended that there be no further development of this property until
a 60' access is provided. The developer 1s appealing the condition of the
easement and further development of this property for the placing of a mobile
home on it.
Hearing opened to the public. Appearin&:
1. Floyd Nolan. He stated that the mobile home was to be for
his own use as a resident. The duplex on the property is used by his pazents
and his wife's parents will use the other side. He stated thst the present
road is well maintained and as good as any of the County roads. The property
owners maintain the street.
Del Siemsea, deputy county counsel, explained the ordinance
that regulates the use o€ this property.
Hearing closed to the public and confined to the Board, Public
Works recommends that the developer provide the right-o£-way; they would be willing
to lower the requirements to a 50' right-of-way.
On motion of Supervisor Winston, seconded by Supervisor F.emke
and unanimously carried, the appeal of Floyd Nolan was approved, subject to
obtaining a 50' right •of-way and the securing of a road maintenance agreement.
•1127 REPORT ON LOCAL PUBLIC WORKS GRANT
Bob Nicholson reported on the meeting he attended in Qakland
last week on the Local Public Works grant. Total funds under the grant set
out. Board members received copies of his memo oa this bill. He stated
that he would know tomorrow if the County will be considered for any of the
funds. It will be based on an average of the unemployment figure of the County.
It does not look hopeful for the County.
Lou Carlin, Palermo School, stated he felt that if this program
continues, most of the projects will receive funding. Oae~.of fir. Carlin's
requests is that Palermo School District be allowed to piggy-back on the County's
application. Mr. Carlin will consult with Mr. Nicholson and see if this can
be done.
Report discussed; ao action taken.
ZI28 ADMINISTRATIVE OFFICE PROPOSAL TO CHARGE AISTRICTS FOR COSTS OF
UTILIZING COUNTY COUNSEL'S OFFICE: COUNTY COUNSEL TO CONTINUE TO FURNISH SE
Administrative Office proposal to charge districts for costs o
utilizing County 6ounsel's office discussed. Hearing opened to the public.
1. Mrs. Crystal Persins, Thermalito School District, She
requested, as a parent, that the County continue to fund the County Counsels
services for the school districts. This school district cannot levy taxes to
take care of this problem, page 241.
June 7, 1977
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2. Mr. Gene Harris, Biggs School Board, explained the funding
to his school district. He requested that the Board not approve the charges
to the schools and special districts. Justification for hie request set out.
3. Mrs. Mary Dayton, member of the Oroville schaol Board.
She opposes the charges to the schools and special diatricts.
District, stated that his board hopedithatdthe Boa~dooflSupe rviso$sgwouldonot
approve this charge for the cost of these services. They feel it would be a
d is s ervice. to -the- t~axpaper .
Association, feltMthererwasBaosequityninpa!lowing thega hoolauand epepcialrs
districts free use of County facilities. they should not be allowed to bury
their costs in the County budget. He suggested that a Boat accounting system
be set up in County Counsel's office to show Che charges for these services.
suggested that.thehCountyemightahave~overolookedoLheiproviaionsWofetheiDavidt~
Grunaky Act. Many of the small diatricts will be unable to afford County Counsel's
services. His district objects to any charges for county counsel's services.
They will have to cancel their project if they are forced to pay County Counsel's
charges.
7. Mr. Leonard Rathbun, Supt. of Thermalito School District,
spoke in opposition to the County charging the achooia and special distri cte
for county counsel a services.
8. Dorothy Paradis, Oroville, said that se an independent taxpayer,
she would Iike to see County Counsel represent the school districts as they have
in the past.
Hearing closed to the public and confined to the Board.
Supervisor Winston stated that he, too, felt Chat this would be
a shift from one pocket to another; the taxpayer is still paying the bill. He
felt this was an honest attempt by the Administrative Officer to keep the tax rate
in line. Costs for these services would be about one penny on the tax rate.
Chairman Richter suggested Chat the points brought out this
ng be considered. The principle that is being die cussed is holding
Les responsible far the services that they are using.
Supervisor Lemke stated that if !here were ao differences
is the tax rates that the diatricts could Gave to charge that Gould
be different. There will be an additional coat for bookkeeping on
the accounts.
Clif Nickelson, Administrative Officer, stated that the
bookkeeping system is already being used. There will be a request
for additional staff ak Counsel's Office cou~ng up.
Chairman Richter stated that the people should be held respoaei-
ble for the services that they use.
On motion of Supervisor Winston, seconded by'6upervittor Zemke
-the Board will continue furdiahiag Counael'a services to the district.
Page 242.
.Tune 7, 1977
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June 7, 1977
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Discvasion of phasing/Counsel's services ogZdistricts over a two or
ekeree year period had at this time.
Roll call on the motion:
AYES: Supervisors Lemke, Madigan, Moseley and Winston
NOES: Chairmen Richter
Motion carried.
77- c PUBLIC HEARING: CENTER AGGREGATES, INC. - USE PERMIT TO ALLOW A
YORTA$LE AGGREGATE PLANT ON PROPERTY ZONED "A-2" (GENERAL) LOCATED ON
THE NORTH SIDE OF VANCE AVE,, EAST OF TH6 SACRAMENTO NORTHERN RAILROAD
RIGHT-OF-WAY IDENTIFIED AS AP 25-042-12 NORTHEAST OF GRIDLSY
The public hearing on the Centex Aggregates, Inc. use permit
to a~.~ow a portable aggregate plant on property zoned "A-2" (general)
located on the north aide of Vance Avenue, east of the Sacramento
Northern Railroad right-of-way, identified as AP 25-042-12, northeast
of Gridley, was held se advertised. Jim Lawson, P1aC~ning Director,
set out the background of the use permit. The $oard of Zoaing Adjust-
ment approved the use permit S to 1. There was a Negative Declaration.
RECESS: 10:40 a.m.
RECONVENED: 10:50 e.m.
There will be a 20 minute time period for the proponents and
the opponeate. There will be a 15 minute time to speak and a 5 minute
rebuttal time period.
Jim Griffith, deputy County Counsel, stated that this did not
meantthet the people in the audience that were not represented by those
limiting the time would have an opportunity to speak. There are three
things that the Board is considering ,and these are what the public should
limit their remarks to. The three matters are: The acceptance of the
Negative Declaration; consideration of the use permit; and Ccof~sideration
of the Reclamation Plan.
Heating open~to the public: Appearing for the Propaneats:
1. Gard on Matthews, Centex Aggregates, Iac. Mr. Matthews
stated that there were several people to speak on their behalf.
2. Dallas Lewis, General Manager Butte Creek Rock. Mr. I+nFis
stated that he is i-n favor of the operation of the plant. There is a
need for aggregate recourses.
I
3. Spencer Robinson, Robinson Construction. Mr. Robinson
stated that he was is favor of the operation~o€ the plant.
4. Neil McCab2.=, Attorney representing Centex Aggregates.
Mr. McCabe stated that the Negative Declaration approved by the Board
~ of Zoaing Adjuatmeat had mitigating measures attached to it. There
~ would be possible mitigating factors if possible effects were not
controlled. Centex has complied with the mining ordinance and 8eclamatioa
plan even though 1t has sot gone into effect at this date. The use is
compatible with the General Plan.
5. Bill Geddis. Mr. Geddis stated that the mitigating measures
have been agreed to. the roadway is under the direction of the-public
•~°-~~•_•-,•. itorka Director and s eeificationa viii have to be complied Frith.
June 7, 1977
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_ _ _ June 7, 2977
6. Brent Hubbard. Hr. Hubbard pet out.jthe different
phases that the plant will un~~rtake. This will cower a period of
20 to 25 years. Thaxa is BOO-foot buffer etip along Vance Avenue.
The natural vegetation will be left undisturbed. There will be a sound
barrier on the aide of the property that has residential dwellings.
Bach phase of the project will cover four to five years. The property
at the end of the time will be left with flat land and a•lake of the
size of approximately 35 feet deep, 15 acres of fake. The noise
factor is 83 DBA at 100-feet, 76 DBA at 200 feet and 63 DBA at 300 feet.
7. Jim Fexra. Mr. Ferro presented the Board with letters
from surrounding property owners in favor of the plant.
B. Devexe Pace, representing the Butte County Farm Bureau.
Mr. Pace stated that the Farm Bureau was neither for nor against the
use permit. This ie a valuable material resource for Butte Gounty.
If this application meets all of the safety qualifications to protect
agriculture and the rights of the citizens, then the Farm Bureau
would not oppose the project.
9. Don 81ake, Peoples' Action Committee.] Mr. Blake stated
that the Committee was in favor of the plant.
10. Gary Kenyon, Butte County Property ~wnera Association.
Mr. Kenyon stated that the Association endorses the aggregate plant.
15ppebr~ng for the Opponents:
1. Phil Mace, Attoraeq representing many property owners
in the Area. Mr. Mace stated that there should be no timed period without
an EIR. Mr. Mace set out the background for the needed Eilt. Mr. Mace
read from the State Resources Code end Supremen Court decision regarding
E1Ra. An EIR should be required because of the orchards, wildlife, the
duet and noise, and the minimal"E road. Mr. Mace stated that the vas
did not conform to the land use element sad was not compatible with
s griculture land. There ie a possibility of leakage due"to the afterbay.
This should be brought out in a BIR. Mr. Mace stated that Centex was
w~fozmer Texas corporation. Mr. Mace stated that he did not know whether
Centex was a alicensed copporation to do business in the State of California.
Not oniy should an environmental impact report be made but a bond should
be obtained to guarantee the work is done.
2. Wayne Perkins, Rt. 1, Box 121, Biggs. Mr. Parkins stated
that he lives south of the proposed plant. He is concerned with hie
damestickeli water. The strata that he gets his water from ie dawn
42 feet. The excavations will be to 50 feet and this will affect his
water supply.
3. Shirley Hammond, League of Women Voters. Ms. 2tammond
receded thtterf~frbml4he League of~Women Voters opposing the plant.
4. Patrick Porgane. Mr. Porgana stated that he had contacted
~ entomologists sad they had stated that the duet from the plant would
harm orchards. The problem is economic. There ie a need for the aggregate
plant and there is also a need for the orchards. The Oroville Wildlife
has not been considered. The bulk of the wildlife is on .the west side.
The mitigation measures do not take Leto account the impact of duet.
into would pay for widening ttse soad of 17 ~ feet.
~,^-~ ~ Page 244. _~~~
June 7, 1977
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Appearing oa Rebuttals for the Piroponentat
1. Bill Geddis. Mr. Geddis commented on the design of the
Thermalito Afserbay. The excavation will be about 50 feat. The water
in the well is probably going to be muddy as ha is going to get suspended
dirt in th+e water supply.
2. Gordan Matthews. Mr. Matthews stated that the company
would have to be•responsible for the man's water problem.
3. Neil McCabe. Mr. McCabe stated that Centex Corporation
is a Nevada Corporation, j Matthews Ready Mix and Centex Aggregates
are subsidiary companies.
appearing on rebuttal for the opponents:
I. Phil Mace. Yn the Reclamation Plan there ie a.problem
owned by the 8tate~ and used by the State. The State should be asked
to Follow their anon suidelinae and clean up their otan•meas. There
should be an•~IEz tE3at toili consider the ecoD,,q~eRd the physical impacts.
He stated that it is a law that Chere be a valid reclamation plan. Recent
findings in this type use set out.
2. Patrick Porgens, Chico. Re reviewed the General Plan and
it Etas been stated this is in conformance with the General Plaa. Chairman
Richter stated that Mr. Porgens has in the peat year been doing everything
he could to oppose the-trade between the State and Mathews Redi-Mix.
Mr. Porgens said that until there is a E.I.R. filed on this project, he
would be in favor of not granting the use.
3. Frank Perkins spoke in opposition to the use permit. Re
requested that the property owners in the area of the use be allowed to
stand. About 40 people in the audience stood, all oppoaiag the use permit
being granted.
4. Gordon Matthews, officer of both Mathews Redi-Mix and Centex.
Re said they would be willing to change the name of the application from
Centex to Mathews Redi»Mix, as `this is a California corporation. Re will
file a letter to this effect with the County.
5. Neil McCabe. Re stated that a draft E.I.R, had been submitted
and he hoped that it was part of this hearing. The draft was prepared by
Bachman.
Mr. Porgens again spoke, stating that the draft E.I.R. is an assessment
in an E.I.R.
Supervisor Winston asked Mr. Porgens who he represented. Re stated
he represented the people owning property in the area. The property owners
stated that they had hired Mr. Porgens to gather the facts for them.
fi. Dorothy Paradis. She asked County Counsel if he could assure
the Board and these people that the ordinance complies with the State law
and Che County mining act.
Rearing closed to the public and confined to the Board.
Jim Griffith, deputy C unty unsel, stated that in order to ~
age 2+~.
June 7, 1977
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June 7, 1977
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groperly
satisfy him that all procedures are being/followed, he would ask the
Chairman to ask the E.I.R. Director fox his recommendation of the negative
declaration.
Earl Nelson, B.I.R. Director, stated he would prefer not to
make a recommendation. He presented his opinion regarding the negative
declaration, It was prepared prior to his coming to work For the County.
He believes that iC could be argued that this use might have a substantial
effect on the environment and he believes that an E.I.R. should be prepared.
The State Law states that an E.I.R. should be required when there is a
controversy with a project.
Jim Lawson, Planning Director, stated that an E.I.R. had been
required by Planning, The Board seat this back to the Board of Zoning Adjustment
and they prepared a negative declaration. This was done after theE.I.R.
Committee had been disbanded.
Supervisor Winston stated ha would put his personal feelings
aside on this matter; he cannot see how he could fly in the face of
Mr. Nelson's recommendation.
On motion of Supervisor Winston, seconded by Supervisor Madigan
and unanimously carried, the negative declaration for Centex Aggregates, Inc.
was rejected, and a E.I.R, is required to be prepared,
Hearing continued to August 23, 1977 at 10:30 a.m,
Mr. McCabe said he would like to see the County re-notice the next
hearing and he requested that the notice include that the hearing will deal
with the Reclamation Plaa and the mining permit ae well ae the E.E.R.
Official notice will be given to the property owners.
RECESS: 12:10
RECONVENED: 12:15
77-1130 APPEARAINCE: MR. SCOTT ORLEY BLACK BART ROAD RE EST POR BUILDING PERMIT
Mr. Scott Orley stated he had purchased property off Black Bart Road.
He is part of the group o£ people caught in the land split problem in the
County. The septic tank permit has been issued and he has utilities to his
property. Supervisor Winston felt this man should be allowed out of the
trap that he is in due to no €ault o£ his own.
Mr. Castleberry stated that is in the Black Bart area. This man
was proceeding in good faith. The District Attorney is after the developer
of the property, rather than the small property owners. This man is in a
bind, and he is not responsible for what happened up there.
Chairman Richter said he would like to hear from the District
Attorney before action is taken. Admiaiatrative Officer to ca 11 the
District Attorney.
No action taken at this time; to be discussed later in the meeting.
77-1131 APPEARANCE: GEORGE NELSON, BUTTE MEADOWS
George Nelson, Butte Mesdowa, stated he was apposed to the closing
of the transfer station in Butte Meadows. He feels that the County should ,,
have a place for the people to take their refuse.
Page 246.
June 7, 1977
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June 7, 1977
Supervisor Winston said that the purpose behind the closing
of the mountain transfer stations was to get service for fees paid. He feels
personally put upon when he pays his taxes and takes his own refuse dawn
to the transfer station and pays to dump it there.
Mr. Nelson's statements discussed; no action taken.
77-1132 CONTINUED HEARING- PURCHASE OF CNICO LIBRARY PROPERTY
VOTE TO NOT PURCHASE VALLOMBROSA PROPERTY SITE
Hearing on the purchase of Chico library property held as
continued. Supervisor Madigan reported on the meetings regarding the
purchase of the library site. The committee is looking at two sites on
First Avenue. He felt that Mr. Cohen should be informed that the County
is not interested in the Vallombrosa site. This would give them time to
work on the First Avenue sites,
On motion ofi:Supervisor Madigan, seconded by Supervisor Winston and
unaaimausly carried,'-the Soard moved to inform Mr. Cohen that the County is
not interested in the Vallombrosa site for the Chico library.
Supervisor Madigan will follow through on this matter, Maxine
McCullough, Chico Library Committee, stated she agrees with Supervisor Madigan;
she shows a preference to the First Avenue site.
77-1133 HEARING CONTINUED: SAM SMILEY-APPEAL OF CONDITIONS 1 and 5 FOR PARCEL MAP
The continued hearing on the Sam Smiley appeal of canditiona 1 and 5
for parcel map located on the southwest corner of 20th Street and Plumas
Avenue, Oroville, AP 30-037-07, was continued to June 14, 1977 at 11:15 a.m.
Supervisor Winston will meet with Mr. Castleberry on Monday and view the site.
77-1134 CONTINUED HEARING - L. T. OYLER-CORRECTION TO ASSESSMENT ROLL ON
AP 40-17-44 IN ACOORDANCE WITH REVENUE AND TAXATION CODE SECTION 4836
The continued hearing on L. T, Oyler for correction to assessment
roll on AP k0-17-44 in accordance with Revenue and Taxation Code Section 4836,
held at this time.
L. T. Oyler, Durham, said he feels the Assessor is trying to reverse-
the assessment made in 1974. He does not have any evidence or proof on this,
The Board told Mr. Oyler that the question is whether this was a
clerical mistake or had this been assessed at a lower figure. He was to
bring back some evidence to show that it was not a clerical error.
Mr. Oyler said the Assessor's Office does not give a breakdown on what
they do. He never opposed the reduction. His building is on the north
portion of his proper and it uses just a email portion of it. He cannot use
the rest of his land. Mr. Oyler withdrew his case at this time.
Assessor's representatives present. ,Tfiey had assessed the
property at a higher valve. Justification for the a8aesament had been
set out.
Hearing closed and confined to the Saard.
On motion of Supervisor Winston, seconded by Supervisor Madigan
and unaaimouely carried, appeal of L. T. Oyler was denied, with the
condition that the interest and penalty charges be waived, upon petition
by the Assessor's Office,
Page 247.
June 7, 1977
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77-1135 DISCUSSION: REQUEST OF MR. 03.'RY FOR BUILDING PERMIT, BIACK BAST ROAD
Clif Mickelson, Administrative Officer, reported that the District
Attorney could see no problem is theBoard approving the issuance of a building
permit for Mr. Oiry. Supervisor Winston stated that if the District Attorney
felt it was ail right, Chen the Board could authorize the issuance of the
building permit. -
Del Siemaen, deputy county counsel, stated that the District Attorney
is prosecuting the developer--for the map acC violation. Situation explained.
hlr. Robinson had reached an agreement with the developer that the roads will
be brought up to County standards. The Advieory.Ageaty issues the permits.
This could be taken back to the Advisory Agency and be brought up at their
meeting on Thursday, If Mr. Olry could be sure that Che road in front of
his property is up to County standards, then a Certificate of compliance
could be issued.
Matter to be discussed at Advisory Agency on Thursday. Supervisor
Winston stated he would also attend this meeting on Tt-uraday.
No action taken at this time.
77-1136 HEARINGS SET: ERYZOL H. HALL-RECONSIDERATION OF TENTATIVE PARCEL MAP &
RECONSIDERATION OF WILBUR MILLS PARCEL MAP
Public hearings were set for June 21, 1977 at 10:30 on following:
1. Errol H. Hall-reconsideration of tentative parcel map, four
Lots, AP 42-09-06, north side of Highway 32, between Muir and Kennedy Avenues,
Chico.
2. Wilbur Mills-reconsideration of parcel map.
77-1137 PUBLIC WORKS ITEMS APPROVED
On motion of Supervisor Winston, seconded by Supervisor Lemke
and unanimously carried, the following action was taken:
1, Authorized refund of $100 for Anthony Santos, on a waiver
application which was withdrawn at the engineer's request on AP~a 56-04-16
and 63-01-10, subject to County Counsel's approval.
2. Authorized Chairman to sign quit claim deed conveying a
drainage easement to Clifford Bailey which is no longer needed for drainage
purposes,
3. Awarded bid to Robinson Construction Company of Oroville in the
amount of $139,851.5D for the Pearson Road Project No. 57422-76-1, and
Chairman authorized to sign.
4. Awarded bid for Bald Rock Road (Project No, 44605A-71-2)
to Robinson Construction Company of Oroville in the amount of $71,423,
proposed funding is $50,000 from current budget and $25,000 for 1977-78;
sad transfer o£ funds from the road reserve in the amount of $7,000
authorized for ofI and chip seal as the contract only called for excavation,
drainage, and base.
77-1138 INFORMATION AND DISCUSSION ITEMS
a. Chico River Road Bridge report. Mr. Castleberry said
they have solved most of the problems there. They have found a bridge that
has caused concern. Money should be found to replace the bridge.
b, Report on pavement marking program in urban areas. Information
only. The State has approved $95,000'•£or raised reflectors in the urban
area. June 7, 1977
Page 248.
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June 7, 1977
77-1139 APPROVE REFOND OF EYEING FEE FOR DONNA WINS LOW ON VARIANCE
On motion of Supervisor Lemke, seconded by Supervisor Moseley
and unanimously carried, refund of filing fee for Donna Winslow on a
variance for minimum parcel size wsa authorized.
77-1140 APPOINTMENTS TO MANPOWER YOUTH CAUNCIL AND TO CITIZENS ADVISORY COMMITTEE
ON DRUG ABUSE ALCOHOL ADVISORY BOARD-CONTINUED ONE WEEK
Appointmenks to Manpower Youth Council and to the Citizens Advisory
Committee on Drug Abuse/Alcohol Advisory Board but over one week.
77-1141 APPOINTMENTS TO AGRICULTURAL ADVISORY COMMITTEE: NONE
There were no appointments made to the Agricultural Advisory Committee
aC this time,
77-1142 00 ON RECORD AS OPPOSING PROPOSAL FOR THE DELTA FARMERS
Flushing the Delta discussed, It was stated than thin problem
has been resolved. It was felt thaC Che Board should go on record as to
the request of Che Delta farmers that the water not be retained,
On motion of Supervisor Madigan, seconded by Supervisor Moseley
and unanimously carried, the Board went on record opposing the proposal by
the Delta farmers not to retain the water, but to allow the water to go
down and flush ouC the delta.
77-1143 GRANT EXTENSION TO CONTRACTOR FOR FIRE DAMAGE TO WELFARE DEPARTMENT
Mike Pyeatt, Administrative Analyst, reported.on the request to
give an extension to the contractor for the repairs of the Welfare Department
for the damage caused by fire.
On motion of Supervisor Lemke, seconded by Supervisor Madigan
and unanimously carried, an extension of 6 weeks to July 16 was granted to the
contractor for completion of the fire damage to the Welfare Department.
RECESS: 1:02 for an executive session, to conduct a meet and confer session
with County Employees representative
RECONVENED: The Board reconvened at 1:Z1 following the meet and confer session.
Chairman Richter stated that Che Board considered the offers from
the employees and the Board's negotiator will report the Board's
offer to County Employees' representatives.
77-1144 MATTERS PRESENTED BY BOARD MEMBERS
Supervisor WinaCOn stated that there is a large segment of the
population of the County that is concerned with the high rate of crime in
the County. He suggested that, with Board permission, he~be'a3lowed to have
a forum type meeting in this Boardroom with the Sheriff, Police Chief, Superior
Court Judges, etc. in order to answer questions of the public. There are
many rumors that are going around the County. If this meeting was carefully
moderated, it would be a good thing for the County.
The Board authorized Supervisor Winston to net up this type
meeting in the Boardroom.
ADJO[TRN"~fEENT:
There being nothing further before the Board at this time, the
meeting was ad,~ourned at 1:30 p.m, to reconvene on Tuesday, Jvne 14, 1977
at 9:00 a.m,
ATTEST: CLARK A. NELSON, COUNTY CLERK ~ ~ ~ I ,~
-- 'Chairman of the Board
Clerk of the Board Page 249.
June 7, 1977