HomeMy WebLinkAboutM061477.~,,
June 14, 1977
STATE OF CALIFORNIA )
SS.
COUNTY OF BUTTE )
The Board of Supervisors met at 9:OD a.m, pursuant to adjournment.
Present: Supervisors Lemke, Moseley, Winston and Chairman Richter. Clif
Mickelson, Administrative Officer; Jim Griffith, deputy County Counsel;
and Clark A. Nelson, County Clerk, by Cathy Pitts, deputy Clerk. Absent;
Supervisor Madigan.
Pledge of Allegiance to the Flag of the United States of America.
Invocation by Supervisor Lemke.
77-1145 APPROVAL OF MINUTES
On motion of Supervisor Moseley, seconded by Supervisor Lemke
and carried, the minutes of June Z, 1977 were approved as mailed with
the addition on Item 77-1110 Frank E..Rline of mobile homes; and on
Item 77-1129, page 245, under Frank Perkins presentation that persons
stood who lived within one mile of the proposed Centex site.
77-1146 SUPERVTSOR MADIGAN EXCUSED FROM THE MEETING
On motion of Supervisor Lemke, seconded by Supervisor Moseley
and 'carried, Supervisor Madigan was excused from the meeting.
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77-1147 COMMUNICATIONS
John P. Palmer, Magalia. Mr. Palmer files petition for variance to pro-
visions of Sections 19-10 and/or 19-12 of the Butte County Code
for placement of a mobile home oa 5 Klamath Court, Magalia,
//,wj•0 ~ AP 64-69-20. Set for hearing July 12, 1977 at 10:30 a.m.
George P. Johnson, Oroville. Mr. Johnson, oa behalf of Louis M. Duncan,
appeals the Advisory Agency's decision requiring construction
of vertical curbs, gutters and sidewalks on a parcel map,
~ AP 34-3fi-80, two lots, north side of Foothill Blvd, between
~~ 3~~ S Glen Avenue and Brookdale, Oroville. Set for hearing July 12, 1977
at 11:45 a.m.
Butte County Farm Bureau. The Farm Bureau writes concerning the environ-
~ mental impact reporC on the noise element of the General Plan
and the land use map of the Chico Airport area and suggests
that the Planning Departments of both the City and County
f ~ ~ • d $ coordinate their efforts to eliminate problems that could develop.
Information.
Bernard R. Steffen, Redding. Mr. Steffen writes concerning his property
being landlocked when the Chico Cohasset Righway xoad improvements
were made. Referred to Public Works.
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Mount Lassen Area Council - Soy Scouts of America. The Council requests
the Board to reconsider closure of the txansfer station in Butte
C~z.~.00 Meadows. Information.
~ Gerald N. deRoco, Oroville. Mr. DeRoco writes expressing an interest in
purchasing excess land that was relinquished by the State to
Butte County after construction of Highway 70 near Feather River
~~• O a Blvd. Referred to Public Works.
Mrs. Ernest Meyer, Chico. Mrs. Meyer writes concerning extension of Shasta
' Union Drainage District facilities to serve. East Avenue and nearby
C b properties. Reld until discussion, of Item 4k41.
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June 14,1977
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McCain Associates, Chico. The Engineers, on behalf of Steve Burton,
request an opportunity to discuss alternative methods of
4 Z z . O O securing required subdivision improvements brought about by
bond problems. See discussion following communications.
Mre. Stanley Pearson, Fair Oaks. Mrs. Pearson submits a claim fox damages
to a pickup truck which was impounded by the Sheriff`s Department.
O O • ~ See motion following communications.
Western Center oa Law &P6verty, Inc. The Attorneys forward a first amended
complaint for declaratory and injunctive relief is xegard to the
general assistance litigation in which the County is named as a
/ p O • Z 1 co-defendent. Information. Referred to Counsel.
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State Resource Conservation Cosunission. The Commission Forwards information
relative to a proposal to create a resource conservation distri.et
J ~ O • S~ encompassing all of the area of the State of California. See motion
following communications.
California Regional Water Quality Control Board. The Agency writes in follow
.Z O - O p up to their concern over septage disposal problems. Referred to
~ Sanitation Department.
Northern California Emergency Medical Care Council. The Council forwards
information relative to Senate Bi11 1184 and requests support
.3 9 4' G O by the Board. See motion following communications.
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Gary Roya, Oroville. Mr. Roya appeals the decision of the Board of Zoning
Adjustment for a variance, to allow a 320 square foot mobile
home on property zoned A-5 (agricultural) located approximately
r/ 3.0 d 900 feet north of Craig Avenue, approximately one mile east of
Palermo-Honcut Hwy., Palermo. Set for hearing July 19, 1977
i at 10:15-a.m.
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Letters received from David Nelson and Jim Flood, Paradise, appeals the
Boaxd of Zoning Adjustment approval of a~us~~~permit to Mr. York
E. Bourgeois for ten duplexes on property zoned A-R and located
~ 3.00 on the east side of the Pentz Magalia Highway about 400 feet :,
south of Pearson Road, Paradise. Set for hearing Jvly 19, 1977
at 10:30 a.m.
77-1148 DISCUSSION: ALTERNATI'V'E METHODS OF SECURING REQUIRED SUBAIVISON
IMPROVEMENTS BROUGHT ABOUT BY BOND PROBLEMS.
A discussion of alternative methods of securing required
subdivision improvements brought about by bond problems held at this
time. This item will be discussed at the Public Works Department
tomorrow at 8:00 a.m.
Appearing:
1. Steve Burton, Developer of Shasta Estates. Mr. Burton
stated that there is a bonding problem. In order to get a subdivision
map recorded there has to be a bond or the improvements must be completed,
Mast individuals do sot have the resources to complete the improvements.
There are many bonding companies that are not interested in bonding a
parson unless they have done a larger project than the current one.
Mr. Button had several people in the audience with him.
2. Mike Gore, Sacramento Savings and Loan. Mr. Gore stated
that his company has made a committment for $126,000 on a voucher system
such as that used is Sacramento and Solano Counties. The Board should
take a look at Sacramento and Solano Counties in regard to their way of
bonding.
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3. Everd McCain. Mr. McCain stated that the reason for the
problems is the change is the subdivieioa'type of system. Most of the
work is not done by large contractors. In the past large contractors
die the tract homes but with the increase in the market values the
custom home contractors are forced to go into subdttri~ion market.
4. Todd Peterson, Attorney ;:representing Mr. Buxton. Mr.
Peterson stated that there are several alternatives that the County
can take according to the Government Code. Mr. Fetereon stated that
he would be at the meeting tomorrow and would like to discuss the
alternatives with Mr. Blackatack.
77-1144 REJECT CLA]ai MRS. STANLEY PEARSON, FAIR OAKS FOR DAMAGES TO
PICKUP TRUCK.
On motion of Supervisor Winston, seconded by Supervisor Moseley
and carried, the claim of Mra. Stanley Pearson for damages to a pickup
truck which was impounded by the Sheriff's Department was rejected and
referred to County Counsel.
77-1150 OPPOSE STATE RESOURCE CONSERVATION COMMISSION PROPOSAL TO CREATE
A RESOURCE CONSERVATION DT3TRICT ENCOMPASSING ALL OF THE AREA DF THE
STATE OF CALIFORNIA.
On motion of Supervisor Winston, seconded by•Supervisor Moseley
and carried, the Board opposes State Resource Conservation Commission
proposal to create a resource conservation district encompassing all of
the area of the State of California and copies are to be Forwarded to
all of the Legislators.
77-1151 SUPPORT SENATE BILL 1184 REQUIRING THE STATE DEPARTME~TP TO MAINTAIN
PERMANENT PROGRAM OF CONTRACTING WITH THE NORTHERN CALIFORNIA EMERGENCY
CARE COUNCIL.
On motion of Supervisor Wiaaton, seconded by Supervisor Lemke
and carried, Senate B111 1184 requiring the State Department to maintain
permanent program of contracting with the Northern California Emergenoy
Care Council was supported.
77-1152 ADDITIONAL MATTER PRESENTED BY BOARD MEMBERS
Supervisor Winston stated that there would be a report
regarding the Environmental Review Department by Ea r1 Nelson next week.
Supervisor Lemke stated that he had received call from the
Stirling City area eboutdmandatory weekly trash collection. Howard
Toussaint, Sanitarian, stated that the ordinance called for removal of
trash each week but that the individual could haul their own.
77-1153 WAIVE FIRST READING: ORDINANCE IMPLEMENTING WAGE PROPOSAL: &4TIFY
MEMORANDUM OF UNDERSTANDING.
Jim Rackerby, Fersonnel Director, set out the background of
the memorandum of understanding.
On motion of Supervisor Wiaaton, seconded by Supervisor Lemke
the memorandum of understanding of the labor agreement was ratified; the
first reading of the ordinance implementing wage proposal teas waived.
tx~.'~+;yin~ 3cFCrf.:••.it i _^ae cod elected officials from this ordinance.
Discussion of motion had at this time. Supervisor Lemke stated
that he thought the figure was 6.37. instead of 7.27 increase. Jim Rackerby
stated that the 6.37 was the negatieted amount and .9% was mandatory.
Discussion of excluding departmdat heads and confidential employees.
The people who ere confidential employees are not necessarily management
personnel. The con£identi paeep~.gZyees should be included in the salary raise.
$ 5
June 14, 1977
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Mr. Rackerby stated that he recommended that the Board include all employees
is the salary increase. If the department heads are not included, the
support personnel will become to close to the management people.
Supervisor Winston amended his motion to exclude department
heads and e~;lected officials Erom the ordinance.
Roll call on motion:
AYES: Supervisors Lemke, Winston and Chairman Richter
NOES: Supervisor kloseley
ABSENT: Supervisor Madigan.
77-1154 PUBLIC HEARING: GINTER & BROWN USE PERMIT TO AL1AW A 3IGN 42 FEET
FROM THE CENTERLINE OF EAST AVE. ON PROPERTY ZONED "C-2" (GENERAL COMMERCIAL)
LOCATED ON THE SOUTH SIDE OF EAST AVE. APPROX. 900 FT EAST OF THE ESPLANADE,
IDENTIFYED_AS AP 44-121-56. CHICO.
The public hearing on the Ginter and Brown use permit to allow
a sign 42 feet from the centerline of East Avenue on property zoned "C-2"
(general commercial) located on the south aide of East Avenue approximately
900 feet east of the Esplanade, identified as AP 44-121-56, Chico was held
as advertised. Bette Blair, Planning Department, set out the background
of the use permit.
Hearing open to the public: Appearing: Chuck Duffy, Gem Neon
Signs and Bill Brown, Ginter and Brown. Mr. Duffy stated that the building
was set far back on the property and could noC bee seen from the road.
There is a need for the sign. Mr. Brown stated that this is the same
sign that has been at two different locations.
Hearing closed to the public and confined to the Board.
Clay Castleberry, Public Works Director, stated that he has
no objections to the sign being placed 42 feet from the centerline and
concurs with the request.
Bettye Blair, Planning Department, stated that the project
ie considered categorically exempt from environmental review.
It was moved by Supervisor Lemke, seconded by Supervisor Moseley
that the Board of Zoning Adjustment be upheld and the appeal denied.
Location of the property discussed.
On motion of Supervisor Winston, seconded by Supervlsor Lemke
and carried the motion on the GLntmr and Bras use permit was tabled for
one week to June 7-f~, 1977 at 9:30 a.m.
77-1155 AUTHORIZE PURCHASE OF MATERIAL AND SUPPLIES AND LEASING OF A VEHICLE
NECESSARX TO CARRY OUT CPR/FIRST AID TRAINING~PROJECT WITH CETA TITLE VI
EXPENDITURE OF 1`EDEB'Al1Z FUNDS.
Oa motion of Supervisor Winston, seconded by Supervisor Lemke
and carried, the purchase of material and supplies and leasing of a vehicle
necessary to carry out CPR/first aid training project was authorized under
CETA Title VI regulations perm8ting such expenditure of federal funds.
77-1156 DENY R. G. WAT50N APPEAL FOR PROP05ED LOT SPLTT BE AP 42-i5-30 REGARDING
DELAY IN FILING APPEAL.
Clif Mickelson, Administrative Officer, reported that Mr. Watson
had written on June 3, 1977 that he had not been noticed and would like to
appeal a decision regarding a Lot split for AP 42-15-30. Research showed
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a m e a n ~ s e s o s s s s s s s s s u s as s~ a c~ ~ s c s ~ c: a s
that Mr. Bachman had been noticed as he teas the agent for Mr. vatson.
The notice was mailed in •a timely fashion and iC was mailed to the agent.
On motion of Supervisor Winston, seconded by Supervisor Lemke
and carried, the appeal of Mr. Watson by letter of June 3, 1977 was denied.
77-1157 PUBLIC HEARING: CKICO TRANSFER & RECYCLING CENTER - ENVIRONMEN'PAL
IMPACT REPORT AND USE•PERMIT TO ALLOW THE EXPANSION AND MODIFICATION OF
AN ERISTING 50LID WASTE TRANSFER STATION AND RECYCLING CENTER, AND ALSO A
VARIANCE TO ALLOW 21 PARKING SPACES WITHIN 50 FBET OF THE CENTERLINE OF
SCOTT AVE. PROPERTY ZONID "A-2" (GENERAL) LOCATED ON THE NORTHEAST CORNER
OF FAIR STREET AND SCOTT AVENUE, IDENTIFIED AS AP 46-24-07, AP 4b-25-17,
and AP 46-25-18. CHICO.
The public hearing on the Chico Transfer and Recycling Center
environmental impact report and use permit to allow the expansion and
modification of an existing solid waste transfer station and recycling
center, end also a variance to allow 21 parking spaces within 50 feet of
the centerline of Scott Avenue on property zoned "A-2" (general} located
on the northeast corner of Fair StreeC and Scott Avenue, identified as
AP 46-24-07, AP 46-25-17, and AP 46-25-18, Chico was held`ae advertised.
Hearing on the EIR open to the public. Appearing No one.
Hearing on the EIR closed to the public and confined to the Board.
On motion of Supervisor Moseley, seconded by Supervisor Lemke
and carried, because we have reviewed the contents of the draft environmental
impact report, the comments received thereon, and the responses to those
comments, we therefore move we certify that the final environrneatal impact
report has been completed in compliance with the California Environmental
Quality Act, the State EIR guidelines and the Butte County Environmental
Review Guidelines.
Hearing oa the project held at this time. Clay Castleberry,
Public Works Dl rector, indicated that this is is the urban area. Mr.
Cast~iberry set out the background of the area.
Hearing open to the public. Appearing: Sohn Anderson, Ringel
and Associates. Mr. Anderson stated that he was appeallx:g the conditions
on the use permit for curbs, gutters and sidewalks. Everything else had
been covered by the Board of Zoning Adjustment. Mr. Anderson requested
that the condition for curbs, gutters and sidewalks be removed or post-
poned until Fair Street was improved. Mr. Anderson set out hie reasons
for requesting deletion of the curbs, gutters and sidewalks,
Bearing closed to the public and eoafix-ad to the Board.'
On motion of Supervisor Winstoa~ seconded by 8upervieor Lemke
and carried, the use permit for Chice Transfer Qad Recycling Center was
approved with the findings that the project could have a significant effect
on the environment but wili not in this case because of the adopted mitiga-
tion measures attached hereto and by this reference made •a part hereof as
follows: Condition ;~7 change 6 foot high fence to 8 foot high fence;
Condition X14 add: provides a ieft turn Lane; Condition X15. add: except
Chat curbs, gutters and sidewalks will not be added for that portion not
used for the project; with the findings that the•proposed uses~of the
property will not•impair~the integrity and character of the zone is which
the land is located and that the~use would not be unreasoaebly incompatible
with, or injurious to surroundiag•properties•or detrimental to the health
and general welfere•of the persons•rasiding•or working in the neighborhood
or to the general health, welfare and safety of the County; subject to
the following conditions:
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June 14, 1977
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1. The transfer station and surrounding site to be operated in such a
manner to be free from flies, rodents, and ail aoaious vermin.
2. That ell transfer, compacting, and unloading operations be performed
within the confiaes~af the transfer station.
3. All refuae•and wash water will be placed in water-tight transfer
trailers.
4. Odor control to be provided within the confines of the trams#er
station by application of deodoranta~to refuse during compaction.
5. The floors and hoppers o£ the station to be washed down every
evening to prevent accumulation of odoriferous material.
5. The drainage channel which is located on the subject property to
receive regular maintenance to prevent stagnation/pooling of water.
7. A concrete/cinder block wall 8 ft. high to be installed oa the
per mater of the property as delineated oa Exhibit (1) in xad~"
8. The main drive approach to delineated on Exhibit (1) to be
asphalt concrete paving or portland cement concrete paving.
9. The storage and open area to receive a dust pallative treatment and
to be maintained at all times in a duet free condition.
10. Shrubbery to be evergreen, a type that will be capable of surviving
with a minimum amount of maintenance, oleander, bottle•brueh, or
similar types. Said plaating to be irrigated by underground systems.
11. Exterior lighting to be provided by lightingon the transfer building
and the ramp with a minimum of one large mercury vapor light providing
lighting for the access dtive and maneuvering area. Said lighting
should be so directed as not to create •a nuisance to surrounding
properties.
12. Plans for ail improvements for the access and operations areas and
drainage to be approved by the Department of Public Works and the
necessary facilities installed by the applicant.
13. Provide a minimum of 21 employee parking spaces.
14. Deed 40 ft. right-of-way from centerline of Fair Street to County
o£ Butte. Provide a left turn lane.
15. Submit plans to the Department of Public Works for full improvements
on Fair Street, including curb, gutter, sidewalk, street widening
and drainage for approval, sad construct required facilities except
that curbs, gutters and sidewalks will not be added for that portion
not used for the project.
16. The existing corrugated metal fence to be removed where the cinder
block wall is located.
Applicant moat also comply with all other applitable State and
local statutes, ordiaancee~and regulations.
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Page 255.
June 14, 1977
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77-1158 PUBLIC HEARING: LEE KENT - APPEAL OF PARCEL MAP DENTAL, FOUR LOTS,
AP 30-11-63, SOUTH SIDE OF GRAND AVENUE, BETWEEN 14TH AND 16TH STREETS,
OROVILLE.
T The public hearing on the Lee Kent appeal of parcel map denial,
four lots, AP 3O-11-62,•south aide of Grand Avenue, between 14th and 18th
Streets, Oroville was held as advertised. Clay Castleberry, Public Works
Director, set out the background of the denial of the parcel map. The
map should be sent back to the engineer for redesign.
Nc one.
Hearing on the Negative Declaration open to the public. Appearing:
Hearing closed to the public and confined to the Board.
On motion of Supervisor Winston, seconded by Supervisor Moseley
and carried, the Negative Declaration was adopted with the findings that
the proposed project could not have~a significant adverse environmental
effect.
Hearing on the parcel map open to the public. Appearing:
1. Robert Brooks, Ec-gineer for Mr. Kent. Mr. Brooks stated
that there would be abiob~totion thao~tangin$!theparcel map. Mr. Kent
had wanted the parcel map designed fox hie own personal use. Mr.
Kent's son ways to have to other parcel. Mr. Brooks set out the reasons
for the existing parcel design. This parcel nxdoea not meet the 1 to 3
ratio in depth.
Hearing closed to the public and confined to the Board.
On motion of Supervisor Winston, seconded by Chairman Richter
and carried, the appeal of Lee Kent was denied.
The Public Works Dmpartment will work with Mr. Rent.
RECESS: 10;25 a.m.
RECONVENE: 10:35 p.m.
77-1159 PUBLIC HEARING: PETE GIAMPAOLI & JACK McLAIIGHLIN - NEGATIVE DECLARATION
AND REZONE FROM "R-4" (MAX~NM DENSITY RESIDENTIAL-RESTRICTED SERVICE) AND
"S-R" (SUBURBAN-RESIDENTIAL) TO "C-C" (COMMUNITY COMMERCIAL) PROPERTY
LOCATED ON THE NORTH SIDE OF EAST AVENVE APPROX. 750 FEET EAST OF COHASSET
ROAD, IDENTIFIED AS AP 48-05-19 & 20, CONTAINING 1.18 ACRES, MORE OR LE55,
S.HICO: ADOPT ORDINANCE 1831.
The public hearing on the Pete Giampaoii sad Tack McLaughlin
negative declaration and rezone from "R-4" (maximum density residential-
reatricted servita) and "S-R" (suburban-residential) to "C-C" (community
commercial) property located oa•the north side of East Avenue approximately
750 feet east of Cohasset Road, identified as AP 48-05-19 & 20, containing
1.18 acres, more or less, Chico was held as advertised.
Hearing on the Negative Declaration open•ta the public. Appearing:
No one.
Hearing an•the Negative Declaration closed to the public and
confined to the Board.
On motion of Supervisor Winston, seconded by Supervisor Moseley
and carried, the Negative Declaration was adopted with the findings that
the proposal could not have a significant adverse effect on the environment.
Page 256.
June •14, 1977
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June~14, 1977
s s_ c a a c s e e o: e m m c c s .~ e a s: F c s a e e a s s v c sa m
Hearing oa the rezone open to the public. Appearing: No one.
Hearing cloasd to the gublic and confined to the Board.
Oa motion of Supervisor Winston, seconded by Supervisor Moseley
and carried, the rezoae £rom "R-4° end "S-R" to "C-C" property located on
the worth aide of East Avenue approximately 750 feet eset of Cohasset Road,
identified as AE 48-OS-19 & 20, containing 1.18 acres, more or less, Chico
was approved; Ordinance 1831 was adopted and the Chairman authorized to
sign. AXES: Supervisora'Lemke, Moseley, Winston and Chairman Richter.
ABSENT: Supervisor Madigan.
77-1160 PUBLIC HEARING: STONESON DEVELOPMENT CORPORATION - REZONE FROM "A-2
LTD." CLIMITED GENERAL) TO "PA-C" (PLANNED AREA-CLUSTER) PROPERTY ON THE
WEST SIDE OF CLARK ROAD AT NUNNELLY ROAD, PARADISE (CONTINUED TO JULY 12,
1977 AT 11:15 A.bI.
The public hearing on the Stoneson Development Corporation rezoae
from "A-2''LCd." (limited general) to "PA-C" (Planned area-cluster) property
on the west aide of Clark Road at Nunnelly Road, Paradise was continued to
July 12, 1977 at 11:15 s.m.
77-1161 RESCIND ACTION: LEE KENT PARCEL MAP, FOUR LOTS, AP 30-11-62, SOUTH
TDE OF GRAND AVENUE BE'PF1EE21 14TH AND ISTH STREETS OROVILLE.
On motion of Supervisor Winston, seconded by Supervisor Lemke
end carded, jthe action denying the appeal was rescinded.
77-1162 DISCUSSION PROPOSED WELL WATER ORDINANCE
The continued discussion of the proposed well water ordinance
was held at this time. Howard Toussaint, Sanitarian, set out the background
of the ordinance. The only way to enforce is to take samples of the water.
There should be an ordinance for the construction of the•well and the loca-
tion of the well so that it is located away from septic tanks. There are
three parts to the ordinance: 1. Basic well couatruction and Iocation;
2. Handling abandonment of walla; 3. Drainage wails and sources of
contamination. This is a basic ordinance conforming with Bulletin 74
of the State Department of Water Resources.
Discussion open to the public. Appearing:
1. Amil Dorring, Haet Higgs. Mr, Dorriag stated that he did
not like to idea of having to be saddled with a well drilling ordinance.
The cost of drilling a well will have to go up if all of the ataadarde
in this ordinance are followed.
2. Robert Sorenson, Berry Creek. Mr. Sorenson stated Chat in
the new ordinance a permit was required. This would cause a delay as
well as bring the coat of well drilling up. This is not necessary.
3. Dorothy Parading, Oroville. Ma. Paradise stated that
this was only creating another bureaucracy. This will increase the
cost of having a well drilled. Peapie should have common sense not
to put a well near a septic tank.
4. Frank Srazell, Chico. Mr. Brazell stated that he favored
the water well ordinance. The walls should be concreted.
5. Petrick Porgans, repreaeating SEPA. Mr. Porgans stated that
there is a need to protect the people and the underground water from
contamination.
6. Jay Plumber, Chico. Mr. Plumber stated that the ordinance
is minumvm standards. Moat of the counties have must more rigid standards.
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.q (S g i q m s i R s AR R C. C i i R SQ C R C -J i i i i i i i i i i i i i 5
7. L. A. Townsend, Magalia. Mr. Townsend stated that he
wae•concerned with the abandoned wells that have nothing but boards over
Chem. Mr. Townsend stated that he objected to the requirement of shoes
on~the well drilling equipment.
8. l:. 0. Bethard, Durham. Mr. Bethard stated that it was good
to have the shoes on. Mr. Bethard stated that he has to report to the
State on we11s~• and that they have the same requirements.
9. Claude Willis, Forest Ranch. Mr. Willie stated that he
would be happy to show the Board what a shoe is. Mr.•Willis stated that
well shoes were necessary. Mr. Willis set out hie experience as a Weil
driller.
The discussion on the proposed well water ordinance is continued
to July l9, 1977 at 11:35 a.m.
77-1163 APPEARANCE; GENE RINGEL, PRESIDENT, DOWNTOWN BUSINESS ORGANIZATION
OF CHICO.
Mr. Ringel stated that the dowatosan business district o£
Chico would like for the Board to reconsider the Vallombrosa area for
the library. The DCBA has asked the City couadil to allocate funds for
a multi-apace parking area in this vicinity. the sitr for tl~f•'l~.h:.ei
~:ld be donatv~i.
77-1164 APPEARANCE: HARRY HURRAY. PARADISE.
Mr. Murray stated that the Soard should consider the zoning
changes in the Paradise area due to the water shortage. There should be
a study of the water system. Mr. Murray set out the study that he had
made afjthe'Paradise water system.
77-1165 APPEARANCE: MR. OLRY, BLACK BART ROAD.
Mr. olry stated that he had signed a road maintenance agreement
for his property and would like to be able to get the Certificate of
Compliance on hie property so he can obtain a building permit. Mr. Olry was
trslded that this matter would come up later in the meeting.
77-1166 APPEARANCE: PATRICK PORGANS
Mr, Porgans stated that last week one of the Sugervieora~aslced
about SEPA. Hr. Porgans presented the Board with a booklet explaining
the purposes of SEPA. Mr. Porgans stated that this is a volunteer
organization and there are no directors. Mr. Porgans set out the work
that SEPA does.
77-1168 CONTT~3HSH PUBLIC HEARING: SAM SMILEY APPEAL OF CONDITIONS 1 AND 5
FOR 'PARCEL MAP LOCATED ON THE SOF]THWEST CORNER OF 20TH STREET AND PLUMAS
AVEN[FE. OROVILLE. AP 30°037-07.
The continued public hearing on the Sam Smiley appeal of
conditions 1 and 5 for parcel map Iodated on the southwest corner of 20th
Street and Plumes Avenue, Oroville, AP 30-037-07 was held at this time.
Oa motion of Supervisor Wiaeton, seconded by SChairman Richter
and carried, the Sam Smiley appeal was denied. AYES: 5upervisora Lemke
Winston and Chairman Richter. NOES: Supervisor Moseley. ABSENT; Supervisor
Madigan.
77-1168 REPORT: BOB NICHOLSON ON LOCAL PiFBLIC WORKS GRA23T FUNDS.
Bob Nicholson stated that he did not expect the County to get
the funding that they received. With the allocation, the County can waive
the funds and give them to anyone that they feel aeeds•them. In order for
a school district to receive the funds they must serve the entire County
unless the Board waives their share. Butte College is the only school
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a a a a s s a a a s a s a m s a s s a s s s m m m s m s s s e s m: s a
in the County that could qualify. There is one problem with Butte College
receiving the monies. Butte College also serves Glenn County and is a
multi-county district. Amulti-county school cannot share in the monies.
It will depend on which iihterpretation EDA is taking, The County has
qualified for $1,119,000.
Mr. Al ScHeuter~ President, of Butte College, was preBent to
discuss the funds that are avAilable. The College is•aware that the
college district might qualify for the funds. It would be best tc get
a definition~as to the way Butte College might qualify. The problem
of being a multi-county district is something that should be solved.
There should be a legal letter interpretation on the funds. No action taken.
77-1169 DISCUSSION: D & C ENTERPRISES SUBDIVISION.- BLACK BART_R_QAD.
The Discussion on the D & C Enterprises Subd~viaion on Black '
Bart Road was held at this time. Clay Castleberry, Public Works Director,
stated that his department has bean inspecting in coajuactioa with the
District Attorney. The District Attorney recommends the issuance of
a permit and Certificate of Compliance by the committee. Mr. Castleberry
stated that ha needs direction from the Board as to whether to issue
the Certificates of Compliance and whether fees should be waived. Mr.
Olry has signed a road maintenance agreement and hen thereby committed
himself. In Mr. Olry's case all of the other things have been resolved.
On motion of Supervisor Winston, seconded by Supervisor Moseley
and carried, the Department of Public Works•was directed to issue Certificates
of Compliance in the D & C Subdivision with the fees waived, subject to
road maintenance agreements being signed prior to issuance of Certificate
of Compliance and subject to the County ordinance.
77-.~,1~0 SET PUBLIC HEARING DATE; '
A public hearing date of August 16, 1977 at 9:30 a.m. was set
for consideration of a Negative Declaration for proposed Chico Library
sites on East First Avenue between Sherman and Sheridan Avenues.
77-x.171 APPROVE PURCHASE__OF_ADDITIONAL FILE CABINET FOR COUNTY CLERIC.
On motion of Supervisor Winston, seconded by Supervisor Lemke
and carried, purchase of an additional lateral file cabinet for the
County Clerk was approved.
77-1172 APPROVE PURCHASE OF SURPLUS RADI05 FOR FIRE DEPARTMENT FROM THE STA',
On motion of Supervisor Winston, seconded by Supervisor Lemke
and carried, the purchase of surplus radios for the Fire Department from
the State at a cost of $100 was approved.
77-1173 CONTINUE AMENDMENT TO AGREEMENT GRIDLEY AMBULANCE FEE SCHEDULE.
Consideration of the amendment to the agreement for the Gridley
ambulance fee schedule was continued to next week, Juae 21, 1977.
77-1174 ADOPT RESOLUTION 77-97: AMENDING RULES OF NOTICE AND PROCEDURE OF
ASSESSMEN'Pe1APPLP,LS BOARD.
On motion of Supervisor Winston, seconded by Superviser Lemke
and carried, Resolution 77-97 amending rules of notice and procedure of
Assessment Appeals Board was adopted and the Chairman authorized to sign.
77-1174 REFER RECO~SIENDATTON RE: LIlKITED BURNING REGULATION GOMMITTEE
FOR UNINCORPORATED URBAN AREAS SURROUNDING CITY OF CtiICO TO PLANNING
COI+b1ISSI0N FOR HOLD OF PUBLIC HEARINGS.
On motion of Supervisor Moseley, seconded by Supervisor Lemke
and carried, the Limited Burning Regulation Committee recommendation was
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referred to the Planning Commission to hold hearings is the Greater Chico
area.
77-1175 DISCUSSION: JWENILE HALL REPORT.
Discussion of the. Juvenile Hall report was held at this time.
Biil Turpin, Administrative Analyst,restated that there is a difference
between Butte County sad Placer County. Placer County has another detention
facility in addition•to their Juvenile Ha11. Butte County does not have.
This is the reason that their population ie lower then that of Butte.
77- 1 6 PROVE BUDGET TRANSFER3 '
On motion of Supervisor Winston, seconded by Supervisor Ismke
and carried, the following budget transfers were approved:
3-160 Grand Jul. Transfers $525 from the reserve to office
ae in order to cover the deficit brou ~~out-printing of the
3ury manual and the final xeport.
-161 Su~erio~r Court. Transfers $750 from extra help and $300
from overtime, witTi 0 going toward. visiting 3udges expenses in
order to cover anticipated expenditures for the month of June.
~-163 District Attorney Real Estate Fraud Unit. .Transfers
$2,00 from r~spor~a~ion an~rave amend ~ ,00 from professional. and
profe~ssionalized services,'with $5,000 going to out-of-county over-
night) travel. The transfer of funds .from other transportation and
travel is to correct a budgeting error and the transfer from profPSSional
and s ecialized services is a confirmation of grant modification '~-'.:~~
No. ].which was approved by the Office of Criminal Justice planning on
Decem; er 29, 19'76.
B-164 Treasurer. Transfers $175 from salaries and wages to over-
night~ave~er to provide an appropriation to allow the collector
to at end a convention.
-$~-_15~ Sheriff. Within the enforcement budget.~transfers $150
from uniform~a~ance, X2,500 from special department expense and
$5,000 from equipment; with $5,000 going toward~_ extra help, X12,000
to overtime, and $150 to maintenance of structures. Within the
incarceration budget transfers X14,000 from professional and specialized
services, with $3,500 going to maintenance of equipment, X2,000 to
maintenance of structures, $1,000 to office expense, and $1,000 to
speci~l departmental expense. The purpose of these transfers are to
cover existing and anticipated deficiencies within the Sheriff's
department to the end of the fiscal year.
. ~...
77-1177_REIQUEST PLANNING COhP+IISSTON CONSIDER ZONING IN SOUTH OROVILLE PROJECT
AREA.
On mot'jion of Supervisor Winston, seconded by Supervisor Moseley
and carried, the Planning Commission is requested to take a look at the
zoning in the South Oroville area.
;~-xECESS: 12:05 p.m.
RECONVENED: 1:15 p.m.
77-1178 APPROVE REHABELITATION ASSISTANCE 2563 FART WAYNE IN THE AMOUNT
OF S8.314.
On motion of Supervisor Moseley, seconded by Supervisor Lemke
and carried, the rehabilitation assistance loan for 2563 Fort Wayne
in the amount of $8,314 was approved.
Pegs 260.
June 14, 1977
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June 14, 1977
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77-1179 APPROVE TRANSFER FOR CONNERLY & ASSOCIATES, INC. CONTRACT (PROGRAM
CIiANGE? - CONSULTING SERVICES "
On motion of Supervisor Lemke, seconded by Supervisor Moseley
and carried, a transfer of $1,514.22 from the Public Works account to
the rehabilitation account for Connerly ~ Associates, Inc. contract
(program change) consulting services wae~approved.
77-1180 DISCUSSION AND APPOINTMENT OF COI~II4ITTEE TO ASSIST AUDITOR IN
SELECTING COURSE OF ACTION FOR DEVELOPMENT OF COMPUTERIZED ACCOUNTING
5Y5TEMS
Discueaion of a committee to assist the Auditor in selecting
a course of action for development of computerized accounting systems
was held at this time.
Supervisor Winston stated that he did not feel that another
committee would serve any purpose.
Supervisor Lemke stated that he did not know about data
processing. He had consulted an expert in the field and had been given
information concerning the NCR 499 and the county computer system.
The Board should look for a peckage•that can be obtained free of charge
that can be adapted to our needs.
A coamiittee ~of 5upervieora Madigan and Winston will servd
on the development of ca~aputerized accounting systems.
77-1181 DI5CUSSION: DRAINAGE PROBLEM ON EAST AVENUE IN CHICO
Gene Riegel, Riegel & Associates, was present to discuss the
drainage problem oa East Avenue in Chico. Chairman Richter stated that
a committee should be appointed to study thin matter,;the Public Works
Director, the Planning Director and five members appointed by the Board.
Supervisor Lemke stated that there were a number of committees and that
he would like to see a coordinating program to bring all of the different
funds together.
On motion of Supervisor Lemke, seconded by Supervisor Yioseley
and carried, a committee to handle the revolving fund was appointed as
follows:
Ev Bosworth
Don Blake
Wayne Angel
Robert ~~ea
This committee will meet with the Public Works Director and
the Planning Director.
Mr. Ringei set out the background of the Shasta Union Drainage
District. Thererare three land owners who are willing to give the County
a right-of-way at no cost. The three land owners are: Mrs. Myers, Walter
S~ylea and Frank Brazeli. The value of their land should be pro=rated
and put into as account against their assessment, Mr. Riagel stated
that he is requesting that part of the Public Works Fund be made available
to a certain area with interest to the people es they develop in that area.
Clay Castleberry, Director of .Public Works, stated that There
is a developer about 1-i/2 miles from the district. There is a drainage
requirement for this development. They are asking the Board to consider
a loan from the development fund. Thexe is a deposit taken from the land
owners or developers for drainage.
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e a e c x m G F s e c s s s 'e o a 's it es .s e o Q= a a a a e a m a a
It was felt that this should be re8erred to the committee.
On motion of Supervisor Winston, seconded by Supervisor Lemke
and carried, the request of Gene Riegel concerning loan from the revolving
fund (revenue sharing) was referred to the committee to look upon with
favor and as a temporary sources to the drainage problem should the loan
fail the developer, represented by Mr. Riegel, should be allowed to install
dry wells for two years.
4 Ciay Castleberry, Director of Public Works, stated that in
' the Meridian-Munjar Road area there are 134 parcels with 80 having
notices of violation on them. Riegel and Associates have been asked
to tell the Board what it would take to set up an•assessment district
in that area.
Supervisor Winston stated that in all of the investigations
none of the areas in Oroville have been considered for formation of as
assessment district.
Chairman Richter stated that tha angineexing costa would be
$15,000 to $20,000.fo Possibly the money could come from recoveries and
could be set aside for that purpose.
No action taken.
77-1183 WAIVE FIRST READING: ORDINANCE E5TABLISHING SPEED LIMIT OF 95 MPH
EAST FLORAL AND OAK PARK AVEN[T$ CHICO.
On motion of Supervisor Winston, seconded by Supervisor Moseley
and carried, the first reading of the ordinance establishing a speed limit
of 35 mph on Eaet Fioral and Oak Park Avenue, Chico was waived.
77-1184 WAVE FIRST READING: ORDINANCE ESTABLISHING SPEED LIMIT OF 45 MPH
ESOUON AND GARDEN ROADS:., DURHAM AREA.
On motion of Supervisor Lemke, seconded by Supervisor Winston
and carried, the first reading of the ordinance aetabiiahing a speed limit
of 45 mph on Eaquon and Garden Roads, Durham area was waived.
77-1185 ADOPT RESOLUTION 77-98: APPROVING 196-7~ & 197-7$ FAU "D" PROGRAM
FOR BUTTE COUNTY URBAN AREAS
On motion of Supervisor Winston, seconded by Supervisor Zemke
and carried, Resolution 77-98 approving 19 ?b-9~ ~ 1~7'~-78 FAU "D" Program
for Butte County Urban areas project lists was adopted and the Chairman
authorized to sign. AYES: Supervisors Lemke, Moseley, Winston and
Chairman Richter. ABSENT: Supervisor Madigan.
77-1186 APPROVE LEE KENT TENTATIVE PARCEL MAP, FOUR LOTS, AP 30-11-62, 50UTH
SIDE OF GRAND AVENUE, BETWEEN 14TH AND 18TH STREETS, OROVILLE SUBJECT TO
CHANGE IN LQT LINES BEING MODIFIED.
On motion of Supervisor Winston, seconded by Supervisor Moseley
and carried, the Lee Rent Tentative parcel map was approved subject to a
change in the lot lines in order to meet the lot dimensions for the urban
area; with the findings that it fe consistent with the General Plan and
with the fbliawing conditions:
1. Provide traversable access to each parcel.
2. Provide road maintenance agreement.
3. Indicate a 50 ft. building setback from the centerline of 16th Street.
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4. Show all easements of record on the final map.
5. Obtain encroachment permit.
77-1187 PDBI.IC HEARING DATE SET: BURT C. LOWEN - NEGATIVE DECLARATION AND
REZONE FROM "R-4" (MA2CIMi7M DENSITY RESIDENTIAL-RESTRICTED SERVICE) AND
"A-R" (AGRICULTURAL-RESIDENTIAL) TO "PA-C't (PLANNED AREA-CLUSTER) PROPERTY
LOCATED ON THE SOUTHEAST. CORNER OF I:EAST AVENUE AND CUS5ICK AVENUE,
IDENTIFIED AS AP 42-07.147 & i50. CONTAINING '10 ACRES. MORE OR LESS. CHICO.
A public hearing date of Juac 28,.1977 at 9:30 a.m. was net for
caaeideration o€ Burt C. Lower negative declaration and rezone from "R-4"
(maximum density residential-restricted service) and "A-R" (agricultural-
residential) to "PA-C" (planned area-cluster) property located on tha
southeast corner of East Avenue and Cussick Avenue, identified as AP 42-07-149
and 150, containing 10 acres, more or less, Chico.
77- 188 MATTERS TAKEN OFF ~OGEND~4Ak
The following items were taken off the agenda:
1. Eatenaion of interim R-1 (single-family residential) property
located south of Grand Avenue, west of 12th Street, east of 14th Street,
and north of the centerline of Sierra Avenue (no abandoned), Thermalito.
2. Extension of interim TM-20 (timber-mountain) property generally
located east of Vilas Road, approximately one mile north of Ponderosa Way,
containing 2$5 acres, more or less, Cohasset.
77-1189 PUBLIC 'HEARING DATE SET: ERTEN5ION OF INTERIM SR-1 (SUBURBAN-RESIDENTIAL}
AND LNTERIM A-40 (AGRICULTURAL} PROPERTY LOCATED IN THE AREA COVERING THE DAN
HAYES, ETAL, REZONE AND ADJACENT AREAS IN THE VICINITY OF THE CHICO MUNICIPAL
AIRPORT
Anpubiic hearing date of July 19, 1977 at 9:45 a.m. was net for
consideration of the extension of interim SR-1 (suburban-residential) and
interim A-40 (agricultural) property located in the area covering the Dan
Hayes, etal rezone and adjacent areas in the vicinity of the Chico Munici-
pal Airport.
77°IL190 MATTER TAKEN OFF AGENDA
The extension of interim SR-1 (suburban sesideatial) property
located on both sides of Cherry Lane and Ellis Lane, north of Pearson
Road, Paradise was taken off the agenda.
77-1191 PUBLIC HEARING DATE SET: E8I'ENSION OF INTERIM RT-1 (MINIMUM DENSITY
RESIDENTIAL-630BTLE HOME) PRLIPERTX LOCATED ON MORT LANE, IN VICINITY OF
CHICO MUNICIPAL AIRPORT.
A public hearing date of July 19, 1977 at 10:00 e.m. was set for
extension of interim RT-1 (minimum density residential-mobile home) property
located an MorC Lane, in vicinity of Chico Municipal Airport.
77-1192 MATTERS CONTINUED TO NEXT WEEK. JUNE 21. 1977 '
The following iteme~were continued to next week, June 21, 1977:
1. Recommendation of urban boundaries and off-site improvements.
2. Discussion of recommeadationa for subdivision ordinance
amendment.
77-A.193 ADOPT AMENDMENT TO PLANNING COMMTSSIO~T CONFLICT OF INTEREST CODE.
On motion of Supervisor Winston, seconded by Supervisor Lemke
and carried, the amendment to the Planning Cortaaisafon's Conflict of
Interest Code was•approved.
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77-1194 APPROVE R. DIXON SPEAS AS90CLATES CONTRACT WITH CLARIF'ICATION5
Del Siemsen, deputy County Counsel, stated that there are some
clarifications to be covered in the R. Dixon Speas contract. The only
problem is clarification of Article VI of the contract. The company
is doing the noise study and does not want to be tied to the land use
study.
On mo~d.an of Supervisor Lemke, seconded by 5upervisox Moseley
and carried, the Contract with R. Dixon Speas Associates with clarifications
was approved.
77-1195 APPOINTt~NTS MANPOWER YOUTH COUNCIL AND MANPOWER PLANNING COUNCIL
On motion o£ Supervisor Lemke, seconded by Supervisor Moseley
and carried, the following were appointed:
Manpower Youth Council
1. Wally Schwartz
2. Steve Cramer
B.~~rpBew Rueaell
Manpower Planning Council
i. Bernard C. Richter
2. Marty Worley, Alternate member
77-1196 APPOINTMENT TO MANPOWER PLANNING COUNCIL
Oa motion of Chairman Richter, seconded by Supervisor Lemke and
carted, Tom Whipple was appointed to the Manpower Planning Council.
77-1197 RESCIND ACTION ON APPOINTMENT OF TOM WHIPYLE TO MANPOWER PLANNING
COUNCIL.
Oa motion of Supervisor Lemke, aecoaded by Supervisor Moseley
and carried, the action appointing Tom Whipple to the Manpower Planning
Council wae•rescinded.
77-1198 APPOINTMENT MANPOWER PL_ANTIING COUNCIL
On moCion~~of~Supervisor Winston, seconded by Supervisor Moseley
and carried, Robert Stevens was appointed to the Manpower Planning Council.
77-1199 APPOINTMENT GRIDLEY-BIGGS CEMETERY DISTRICT
On motion of Supervisor Moseley, seconded by Supervisor Winston
and carried Rose Pigpen was appointed to the Gridley-Biggs Cemetery District.
77-1200 APPOINTMENTS TO CTTTZENS ADVI50RY'COMMITTEE ON DRIIG ABUSE/ALCOHOL
ADVISORY BOARD AND AGRICULTURAL ADVI50RY COrPiITTEE PUT OVER
The appointments to the Citizens Advisory Committee on Drug
Abuse/Alcohol Advisory Board and the Agricultural Advisory Com®ittee were
put over.
77-1201 REBQNSSIPE~RADISE MUNICIPAL ADVISORY COUNCIL.
Supervisor Winston •atated that he sad Supervisor Lemke had
attended a meeting with the MAC on last Wednesday lnight. It was felt
that MAC had growing pains. Theye are not considered ae an official
government body. There is a willingness to continue on the part of the
members. The Board fa in a position to accept the~reei~nation of
Bob Guth.
Supervisor Lemke stated that he felt that the minority opinions
should be forwarddd to the Beard as well ae the majority opinions. The
resolutions~of MAC will be changed to recommeadatione.
Page 264.
June 14, 1977
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June 14, 1977
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77-1202 ADOPT RESOLUTION 77-99 AMENDING PER50NNEL RULES AND REGULATIONS
Jim Reckerby, Personnel Director, stated that he had an amendment
to the Personnel Rules that would take the elected officials and department
heads out of the ordinance and would also modify the personnel rules to
effect the changes. The changes would be in Sections 2.38, 2,39 and 11.7
of the rules. Under Section 2.38 the management council would be restricted
to department heads. Under Section 2.39 would exclude from the definition
elected and appointed officials. Under Section 11.7 the above employees
would-have the right to represent themselves. The BCEA has agreed.
Cliiem8t~•oatm~~.~3u~iere3isor Winston, seconded by Supervisor Lemke
and carried, Resolution 77-99 amending the personnel rules and regulations
was•adopted to take effect immediately. AYE5: Supervisors I,~nke, Moseley
Kinston and Chairman Richter. ABSENT: Supervisor Madigan.
ADJOURNMENT: further
There being nothing/before the Board at this time~the meeting
was adjourned aC 2:40 p.m. to reconvene on Tuesday, June 21, 1977 at
9;00 a.m.
ATTEST: CLARK A. NELSON, COUNTY CLERK
By:
Board of S p rvisors Clerk
Chairman of the Board of Supervisors
Page 265.
June 14, 1977