HomeMy WebLinkAboutM062078.r~ ..,.,_ _ _
June 20, 1978
STATE OF CALIFORNIA )
SS.
COUNTY OF BUTTE )
The Board of Supervisors met at 9:00 a.m. pursuant to adjour~ent.
Present: Supervisors Lemke, Madigan, Moseley, Richter and Chairman Winston.
C1if Nickelson, administrative officer; Dan Blackstock, county counsel and
Clark A. Nelson, county clerk by Cathy Pitts, deputy clerk.
Pledge of Allegiance to the Flag of the United States of_America.
Invocation by Supervisor Moseley
78-1135 APPROVAL OF MINUTES
On motion of Supervisor Madigan, seconded by Supervisor Lemke
and unanimously carried, the minutes of June 13, 1978 were approved as
mailed.
78-1136 COMMUNICATIONS
W, M. Anglin, Oroville, Mr, Anglin writes in opposition to the Solano
Railcar rezone which is set for public hearing, Referred to
the hearing later in the meeting.
Thomas L. Rodgers, Paradise. Professor Rodgers writes in follow up to
the John J. Moran use permit which was approved by the Board on
June 6. Information; no action taken.
Vernon McCrady, Chico. Mr, McCrady writes requesting that his property
in the Butte Creek canyon area be zoned entirely FR-2o Referred
to the hearing scheduled for June 27.
Paradise Irrigation District. The District writes requesting a study of
present zoning and land uses permitted within the Magalia water
'shed to be conducted by the Planning Department. Referred to
Planning Departments
Mrs. Dee Bennett, Chico. Mrs. Bennett writes with regard to the drainage
study underway in the northwest Chico areao Referred to Public
Works Department for comment by memo.
City of Chico. Mayor Thorn writes concerning the hiring of Earth Metrics,
Inco, of Palo Alto for planning services to coordinate non-
attainment air quality work in Butte County, Referred to
Administrative Office to contact the Agriculture Commissioner.
Oroville-Wyandotte Irrigation District, The District forwards a proposed
contract for fire hydrant services between the county and the
district. Referred to Administrative Office for analysis as
to cost.
Butte County Development Commission. B. C. Richter, chairman, writes
concerning the Development Commission's request to reduce the
work schedule of the executive director to half-time, effective
September 2, 1978. Referred to Administrative Office for
consideration at budget time,
Magalia County Water District. The District writes concerning establish-
ment of basic life line services in follow up to the approval
of Proposition 13. Referred to the Administrative Office,
Page 1.
June 20, 1978
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June 20, 1978
County of Plumas - Office of Emergency Services. The Agency forwards the
Northern California County Supervisor's Association support of
the Med-Com system for the nine northern counties. Referred
to later in the meeting.
Northern California County Supervisor's Association. The Association
writes concerning the establishment of a northern counties
placement committee for establishing foster-r• home rates.
See motion following .communications.
County Supervisors Association of California. The Association sends
information and request that the Board authorize the first half
of the 1978-79 dues assessment totaling $4,583.50. Administrative
Office to research to see if funds are available within the
budget. Administrative OL-fice to contact CSAC and acquaint
them with Board's comments. Discussion continued to June 27, 1978,
Senator Ray Johnson. Senator Johnson request information relative to
state mandated programs which may be of low priority and of
extraneous value. Administrative Officer to prepare a list
of priorities and present to the Board.
State Solid Waste Management Board. The Board sends notice that they are
in receipt of the county's proposed amendment to the Solid
Waste Management Plan. Information; no action taken.
Charles Leman, Oroville. Mr. Leman submits a claim in an unknown amount
as the result of injury received while in custody of Butte
County 3ai1 on May 29, 1978. See motion following communications.
Mrs, Andrea Miller, Chico, Mrse Miller writes voicing objection to the
Board's position concerning objecting to an anthropology class
being given at California State University, Chicoo See motion
following communications.
78-1137 WELFARE DIRECTOR AUTHORIZED TO FOLLOW THROUGH BY FURTHER INVESTIGATION
RE: ESTABLISHMENT OF A NORTHERN COUNTIES PLACEMENT COM(~ffTTEE FOR ESTA$IsISH-
ING FOSTER HOME RATES
On motion of Supervisor Richter, seconded by Supervisor Lemke
and unanimously carried, the Welfare Director was authorized to follow
through to further investigate establishment of a northern counties
placement committee for establishing foster home rates.
78-1138 REQUEST COUNSEL SEEK FURTHER INFQtMATION FROM CHARLES LEMAN RE:
CLAIM IN AN UNKNOWN AMOUNT AS THE R$SULT OF INJURY RECEIVED WHILE IN
CUSTODY OF BUTTE COUNTY JAIL ON MAY 29, 1978
On motion of Supervisor Richter, seconded by Supervisor Moseley
and unanimously carried, Counsel was requested to seek further information
from Charles Leman regarding his claim in an unknown amount as the result
of injury received while in custody of Butte County Jail on May 29, 1978.
78-1139 RESCIND ACTION OF JUNE 13, 1978 MINUTE ORDER 78-1134 RE: LETTER OF
PROTEST TO BE WRITTEN ON THE HISTORY OF WITCHCRAFT AND MAGIC OFFERED
AT CALIFORNIA STATE UNIVERSITY, CHICO
On motion of Supervisor Richter, seconded by Supervisor Madigan
and carried, the action of June 13, 1978, minute order 78-1134 regarding
a letter of protect to be written on the history of witchcraft and magic
offered at California State University, Chico was rescinded. AYES:
Supervisors Lemke, Madigan, Richter and Chairman Winston. NOES: Supervisor
'Moseleyo
Page 2,
June 20, 1978
June 20, 1978
78-1140 REFER LETTER FROM VERNA FORBES, STOCKTON RE: SEPTIC TANK PERMIT
PROBLEMS ON AP 036-05-0-050-0,_OARVALE TRACT, OROVILLE TO ENVIRONMENTAL
HEALTH DEPARTMENT
The letter from Verna Forbes, Stockton, regarding septic
tank permit problems on AP 036-05-0-050-0, Oakvale Tract, Oroville was
referred to the Environmental Health Department.
78-1141 REFER REQUEST OF KNUDSEN JUICE CO., CHICO ON SPEEDWAY ROAD TO HAVE
IMPROVEMENTS POSTPONED ON BUILDING PERMIT BY SIGNING CONVENANT TO PUBLIC
WORKS FOR INVESTIGATION AND REQUIREMENT OF CONVENANT IF APPLICABLE II3
PUBLIC WORKS DIRECTOR'S JUDGMENT
On motion of Supervisor Richter, seconded by Supervisor Madigan
and unanimously carried, the request of Knudsen Juice Co., Speedway
Road, Chico to have improvements postponed on building permit until
other improvements are required was referred to Public Works Director
to investigate the matter and if in his judgment a convenant is applicable
then it is to be requiredo
78-1142 ADDITIONAL MATTER PRESENTED BY SUPERVISOR LEMKE
• Supervisor Lemke stated that he had received a letter from
William Mace asking that the Board not hold the hearing on the
Glickman, Crumpler, Riley and Associates rezone because of environmental
concerns. He is also asking that the Board direct the Public Works
Director to freeze building permits for this project,
The matter is continued to latex in the meeting.
78-1143 APPROVE CONTRACT AMENDMENT TO CHICO WORK TRAINING CENTER REVENUE
SHARING AGREEMENT N0. IV
On motion of Supervisor Richter, seconded by Supervisor Madigan
and unanimously carried, a contract amendment to the Chico Work Training
Center Revenue Sharing Agreement No. IV which would permit repairs to
the floors in the Center's building in Chico was approved and the Chairman
authorized to sign.
78-1144 APPRO_VE__PURCHASE OF ADDING MACHINE FOR GRIDLEY JUSTICE COURT
On motion of Supervisor Richter, seconded by Supervisor Moseley
and unanimously carried, the purchase of an adding machine for the Gridley
Justice Court to replace a similar machine which is inoperative at an
estimated cost of $158 with funding available by foregoing the purchase
of a dictating machine which was approved in the budget was approved,
78-1145 AUTHORIZE RETE[3TION OF ROBERT BRUNSELL, BOND COUNSEL, TO SET UP
ASSESSMENT DISTRICT REQUIRED UNDER FMHA LOAN/GRANT TO REPAIR EL MEDIO
DITCH. HCD, AND MARKET BONDS AT REIMBURSEABLE COST NOT THE EXCEED 52.000
On motion of Supervisor Richter, seconded by Supervisor Madigan
and unanimously carried, Robert Brunsell, bond counsel, was retained to
set up an assessment district and market bonds at a reimburseable cost
not to exceed $2,000 as required under the FME?A loan/grant to repair the
E1 Medio ditch, HCD program.•
78-1146 PUBLIC HEARIlQG DATES SET
A public hearing date of July 18, 1978 at 9:30 a.m. was set to
consider the following:
1. Bruno Campostrini - petition for variance to Sections 19-10
and/or 19-12 of the Butte County Code for placement of a mobile home at
Route 2, Box 2758C, Oroville, zoning: A-5.
2. Robert E. Adams - petition for variance to Sections 19-10
and/or 19-12 of the Butte County Code for placement of a mobile home at
3565 Grubbs Road, Oroville, AP 27-15-3, zoning: A-5.
Page 3.
June 20, 1978
June 20, 1978
78-1147 APPROVE VARIANCE RENEWAL - WILLIAM J. PARKS
On motion of Supexvisor Richter, seconded by Supervisor Moseley
and unanimously carried, the variance renewal for William J, Parks to
Sections 19-10 and/or 19-12 of the Butte County Code for placement of a
mobile home at 6975 Citrus Avenue, Oroville, AP 27-06-24, zoning: A-5,
was approved for a period of one year.
78-1148 ADOPT ORDINANCE 1932; PUBLIC HEARING: BUTTE COUNTY PLANNING COMMISSION
MODIFICATION OF PARAGRAPH (C) (3) OF SECTIONS 24-102 AND 24-105. AND
PARAGRAPH (d) (3) OF SECTION 24-108 OF THE BUTTE COUNTY CODE PERTAINING
TO REAR YARD REQUIREMENTS IN "C-1" (LIGHT COMMERCIAL), "C-2" (GENERAL
COMMERCIAL) AND"C-C" (COMMUNITY COMMERCIA7,1 ZONES.
The public hearing on the Butte County Planning Commission
modification of paragraph (C) (3) of Sections 24-102 and 24-105 and
Paragraph (d) (3) of Section 24-108 of the Butte County Code pertaining
to rear yard requirements in "C-1" (light commercial), "C-2" (general
commercial) and "C-C" (community commercial) zones was held as advertised,
Hearing open 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 unanimously carried, the Butte County Planning Commission modification
of Paragraph (C) (3) of Sections 24-102 and 24-105 and Paragraph (d) (3)
of Section 24-108 of the Butte County Code pertaining to rear yard
requirements in "G-1" (light commercial), "C-2" (general commercial)
and "C-C" (community commercial) zones was approved noting that the
project is categorically exempt; Ordinance 1932 was adopted and the
Chairman authorized to sign.
Public Works Department was instructed to issue permits as
if the ordinance were in effect at the present time.
78-1149 APPROVE PARADISE PINES WATER QUALITY MONITORING CONTRACT WITH
ROBERT L._NEVIN FOR 1978-79 IN THE AMOUNT OF $3,565
On motion of Supervisor Lemke, seconded by Supervisor Madigan
and unanimously carried, the Paradise Pines Water Quality Monitoring
contract with Robert L. Nevin for 1978-79 in the amount of $3,565 was
approved and the Chairman authorized to sign,
78-1150 WAIVE FEE FOR DANCE PERMIT FOR PARADISE YOUTH COUNCIL FOR DANCE IN
•-PARADISE JUNE 24. 1978
On motion of Supervisor Lemke, sem nded by Supervisor Moseley
and unanimously carried, the fee for the dance permit for the Paradise
Youth Council for their dance in Paradise June 24, 1978 was waived.
78-1151 ADOPT RESOLUTION 78-108: NOTICE OF INTENTION TO SEEL TAX DEEDED
PROPERTY FOR AP 73-10-04 AT A
MIi~IIM[TM PRICE,,,OF„•. 1,500
On motion of Supervisor Richter, seconded by Supervisor Lemke
and unanimously carried, Resolution 78-108 giving notice of intention to
sell tax deeded property for AP 73-10-04 at a minimum price of $1,500
was adopted and the Chairman authorized to sign.
78-1152 ADOPT RESOLUTION 78-109; NOTICE OF INTENTION TO SELL TAX DEEDED
PROPERTY FOR AP 72-26-46 AT A MINIMUM PRICE OF $5.000
On motion of Supervisor Moseley, seconded by Supervisor Richter
and unanimously carried, Resolution 78-109 giving notice of intention to
sell tax deeded property for AP 72-26--46 at a minimum price of $5,000 was
adopted and the Chairman authorized to sign.
Page 40
June 20, 1978
June 20, 1978
78-1153 APPROVE TREASURER-TAX COLLECTOR ITEMS
On motion of Supervisor Lemke, seconded by Supervisor Madigan
and unanimously carried, the following action was taken:
and 360
1. Denied request for penalty relief, L. Russo, AP 64-15-20.
2. Denied request for penalty relief, Thurlow Weir, AP 51-36-27
3. Denied request for penalty relief, Brian D, Esler, AP 43-05-3-49.
4, Denied request for penalty relief, V. Bury1 and Helen
Kramer, AP 71-09-11.
5. Benied request :for penalty relief, V. Buryl and Helen
Kramer,. AP 71-09-Z0.
6. Approve request for penalty relief, Betty J. Lewis,
AP 43-06-1-006 and AP 43-06-3-002.
78-1154 APPRO[TE PUBLIC WORKS ITEMS
On motion of Supervisor Richter, seconded by Supervisor Moseley
and unanimously carried, the following Public Works items were approved:
1. Authorized purchase of reproducibles of county aerial
photographs for southeast Butte County drainage study at an estimated
cost of $2,000 with that amount to be deducted from Caok Associates'
purchase order contract.
2, Approved release of maintenance bond and acceptance of
roads for Vista Meadows Unit ~~2,
3. Adopted Resolution 78-110 for summary abandonment for
a~.portion of Hilldale Avenue na longer needed for road purposes and
Chairman authorized to sign,
4. Approved agreement for sale of surplus property,. Hilldale
Avenue and quitclaim deed conveying surplus property to James R. Ryan
and authorized Chairman to sign agreement for sale and quitclaim deed.
78-1155 DISCUSSION: SB 325 REVISED TRANSPORTATION CLAIM
Clay Castleberry, public works director, set out the recommendations
that had come from the committee meeting with. the city of Chico representatives.
There will be a revised transportation claim to be submitted to BCAG
relating to public transportation. The modification could be in three
areas: (1) Chico Transportation Area; (2) Clipper services; (3) alternative
inter-city route. Greyhound provides inter-city transportation for
less money than the county can provide it for. Mr. Castleberry
recommended that a study be made in the Chico area. A ballot measure
could be placed on the November ballot to see of the people would
approve funding if SB 325 continued after five or six yearso Also,
the county could hire a private enterprising marketing research company
to tell if it would be used,
To be continued later in the meeting.
78-1156 PUBLIC HEARING: FRANK PEASE - APPEAL OF TENTATIVE PARCEL MAP,
AP 71-07-23, FOUR PARCELS, NORTH SIDE OF PONDEROSA WAY, APPROX. THREE
MILES EAST OF ORO-.QUINCX ROAD. BERRY CREEK
The continued public hearing on the Frank Pease appeal of
tentative parcel map, AP 71-07-23, four parcels, north side of Ponderosa
Way, approximately three miles east of Oro-Quincy Road, Berry Creek was
Meld as continued. Page 5,
June 20, 1978
June 20, 1978
Clay Castleberry, public works director, set out the background of
the appeal. This parcel is located on Ponderosa Way. This was determined not
a proper access, Since that time the Board has met with other groups who
wanted to process their splits. They have obtained road agreements. Mr.
Castleberry recommended that the parcel map be approved subject to the conditions
listed provided that easements, rights-of-way and property owners maintenance
agreements are signed and the road constructed to two-way traversable access.
Hearing open 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 unanimously carried, the appeal was denied.
78-1157 CONTINUED DISCITSSION: SB 325 REVISED TRANSPORTATION CLAIM
Clay Castleberry, public works director, stated that it is in order
to .give the revised transportation claim report to BCAG. The county should
proceed doing all of the things in the proper time frame. There should be
discussion of a joint powers agreement, The City of Chico has reserved
$20,000 as their share of capital outlay grant. They suggested that the
county should set the same amount aside. Mr, Castleberry concurred if all
things work and if the people want to pay for the system.
Supervisor Richter felt that the Board should take the position
that there should be two ballot proposals and ask the people of Butte County
whether they would like to support with property taxes and SB 325 a inter-
city transportation system. Also, he would like to see another ballot
measure for the greater Chico area to see whether they would he willing to
support a transportation system.
Mr, Castleberry to prepare a memo to the Board on the proposed
revisions and include Supervisor- Richter's comments. This will be discussed
at the June 27, 1978 meeting.
78-1157a ADOPT RECOMMENDATIONS OF ADMINISTRATIVE OFFICER RE: DELINQUENCY
PREVENTION COMMISSION - AB 90
On motion of Supervisor Richter, seconded by Supervisor Moseley
and unanimously carried, the recommendations of the Administrative Officer
regarding delinquency prevention commission,. AB 90 were adopted,
78-1158 MOTION ON APPROVAL OF BUDGET TRANSFERS HELD OVER AT THIS TIME
It was moved by Supervisor Richter, seconded by Supervisor
Madigan, that the following budget transfers by approved:
B-227 - Data Processing. Increases the appropriation to extra
help, $10.,000; overtime, $5.,000; maintenance of equipment, $1,900; office
expense, $8,000; and fixed assets - equipment, $150. Funding is from
anticipated data processing services in the amount of $10,050 and a transfer
of funds from salaries and wages, $15,000 and the reserve, $2,050.
B-232 - Public Works-Transportation System, Increases the
appropriation for the city's share of the Oroville Taxi System brought
about by a contribution from the City. of Oroville. This is in accordance
with Amendment No. I to the contract and the action of the Board of
Supervisors on May 23, 1978; minute order 78-1016,
B-233 - Community Action Program - 1978 Grant Year, The purpose
of this transfer is to increase the budget for the EOC senior citizens
recreation program in Gridley in the amount of $2,289 from funding provided
by the City of Gridley.
~B-234 - Revenue Sharing - District 4 allocations. Transfers
$1,600 from unallocated funds to the Gridley Jolunteer Fire Company in
Page 6. June 20, 1978
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June 20, 1978
order to recondition a tanker truck in accordance with Board of Supervisors
action June 6, 1978; minute order 78-1064.
B-235 -Federal Revenue Sharing,- Plant Acquisition. Transfers
$20,892.99 from the Chico Library project to the Superior Court parking
lot project in accordance with Board of Supervisors action May 23, 1978;
minute order 78-1015.
B-236 - Federal Revenue 5harine - Capital Proiects. Transfers
$202,627 from the Chico Library project to the County Administration
Building project in accordance with Board of Supervisors action May 2, 1978;
minute order 78-853.
B-237 - Federal Revenue Sharing Capital Proiects. Transfers
$272,376.60 from Chico Library project, $275,825.00 from miscellaneous
project expensg and $351,049.40 from the Community Development project
in order to increase the appropriation for the Administration Building
by $899,25Io00 to cover the contract for Phase II and increased cost
for architect and engineering services in accordance with Board of
Supervisors action June 6, 1978; minute order 78-1066.
B-238 - Elections. Transfers $350 from office expense to fixed
assets - equipment to increase the equipment appropriation to allow for
the purchase of 90 reconditioned votomatic machines.
B-239 - Building and Grounds Maintenance. Transfers $6,000
from major maintenance to routine maintenance to cover current and
projected deficiencies within the budget.
B-240 - Planning Commission. Transfers $1,700 from regular
salaries and $400 from office expense; with $500 going toward overtime,
$400 toward maintenance of equipment, and $1,200 Ito publications and
legal notices in order to cover deficiencies caused by the increased
number of Planning Commission meetings requiring clerical attendance and
publication of notices.
B-241 - Public Works - Administrationo Transfers $15,000
from the road reserve to contributions to ather agencies in order to
establish an appropriation in accordance with. Board action of March 28,
1978; minute order 78-589 regarding the Lake Madrone Water District.
B-242 - Federal Revenue Sharinc. Transfers $10,188.42 from
the Community Development project to equipment which will provide an
additional appropriation to cover the cost of safety equipment for
Sheriff's vehicles which were authorized by the Board,
B-243 - Public Health - County Medical Services. Transfers
$5,000 from regular salaries and wages in the Public Health general
services budget to professional and specialized services within the
County Medical Services budget to cover anticipated deficiencies caused
by the unexpected increase in the number of ambulance claims.
Discussion of B-236 and B°237 had at this time. Supervisor
Zemke stated that there is a Lot of money being moved to come up with.
$899,000 for the Administration Building second story. Supervisor Lemke
questioned completing the second story addition in Light of Proposition I3.
The matter is continued to later in the meeting.
Page 7,
June 20, 1978
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June 20, 1978
78-1159 ADOPT ORDINANCES 1933, 1934, AND 1935: PUBLIC HEARING: THOMAS S.
HANDY - PROPOSED NEGATIVE DECLARATION AND REZONE FROM "A-`2" (GENERAL) TO
"TM-2 ," "TM-5" AND "TM-10" (TIMBER MOUNTAIN, 2, 5 AND 10ACRE PARCELS)
PROPERTY LOCATED ON THE EAST SIDE OF COHASSET ROAD, APPROX, 1-l/2 MTLES
SOUTH OF VILAS ROAD, IDENTIFIED AS AP 56-01-31, 56-02-70, CONTAINING
244 ACRES, MORE OR LESS, NORTH OF CHICO
The public hearing on the Thomas S. Handy proposed negative
declaration and rezone from "A-2" (general) to "TM-2 ," "TM-5" and "TM-10"
(timber mountain, 2, 5 and 10 acre parcels) property located on the east
side of Cohasset Road, approximately 1-1/2 miles south of Vilas Road,
identified as AP 5b-O1-31, 56-02-70, containing 244 acres, more or less,
north of Chico was held as advertisedo Earl Nelson, environmental review
director, set out the background of the negative declaration.
Hearing on the negative declaration open to the public.
Appearing: No one.
Hearing closed.to the public and confined to the Board,
On motion of Supervisor Moseley, seconded by Supervisor Richter
and unanimously carried, on the basis of this initial evaluation, the
proposed project could not have a significant effect on the environment,
and a negative declaration was recommended.
Jim Lawson, planning director, set out the background of the
rezones It is consistent with the general plan. The Planning Commission
voted unanimously to approve the rezone.
Hearing open to the public. Appearing: Charles E. White,
Cohasset Community Association Planning Committee. Mr. White spoke in
favor of the rezonee Mr, Handy has tried to rezone in conformance
with the area,
Hearing closed to the public and confined to the Board,
On motion of Supervisor Richter, seconded by Supervisor Moseley
and unanimously carried, the rezone from "A-2" to "TM-2," "TM-5" and "TM-10"
property located on the east side of Cohasset Road, approximately 1-1/2
miles south of Vitas Road, identified as AP 56-01-31, Sb-02-70, containing
244 acres, more or less, north of Chico was approved noting that a negative
declaration has been adopted and the request is consistent with the general
plan; and the following ordinances were adopted and the Chairman authorized
to sign:
Ordinance 1933 - rezone to "TM-2"
Ordinance 1934 - rezone to "TM-5"
Ordinance 1935 - rezone to "TM-10"
78-1160 VOTE ON MOTION FROM MINUTE ORDER 78-1158 TAKEN RE: BUDGET TRANSFERS
Vote on motion of approval of budget transfers:
AYES: Supervisors Madigan, Moseley, Richter and Chairman-Winston
NOES: Supervisor Lemke
MOTION CARRIED
RECESS: 10:07 a.m.
RECONVENE: 10:15 a.m.
Page 8.
June 20, 1978
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June 20, 1978
78-1161 PUBLIC HEARING: FIRESTONE^STIMPSON, INC, - DRAFT ENVIRONMENTAL
IMPACT REPORT AND REZONE~FROM "A-2 LIMITED" TO "PA-C" .(PLANNED AREA-
CLUSTER) AND "C-2" (GENERAL COMMERCIAL) PROPERTX LOGATED APPROX. 200
FEET. NORTH OF Si~YWAY, APPROX. 120 FEET WEST OF SCHMALE LANE, IDENTIFIED
AS A PORTION OF AP 51-22-70 CONTAINING 10 ACRES MORE OR LESS PARADISE
The public hearing on the Firestone Stimpson Inco draft environ-
mental impact report and rezone from "A-2 limited" to "PA-C" (planned
area-cluster) and "C-2" (general commercial) property located approximately
200 feet north of Skyway, approximately 120 feet west of Schmale Lane,
identified as a portion of AP 51-22-70, containing 10 acres, more or
less, Paradise was held as advertised. Earl Nelson, environmental review
director, set out the background of the draft EIR.
Hearing on the EIR open to the public. Appearing:
1. Pat Cornelius, Paradise, Mr. Cornelius stated that his
property was adjacent to the proposed project. He was concerned about
the dust and dirt during construction of the project. He was also concerned
about his privacy and wanted to know if the property would be fencedo
2, Bob Guth, civil engineer representing Firestone Stimpson
Inc. Mr. Guth stated that at the present time the property is pretty
bare. Once the development gets underway the problem of dust is going
to be corrected. Standard construction practices will be observed.
There are certain things that can be done during construction such as
watering.
Supervisor Richter stated that an interesting point has been
made in regard to dust created during construction. Supervisor Richter
questioned whether it would be possible to put a provision whereby the
Public Woxks Director is able to enforce dust controls
The matter is recessed until later in the meeting.
78-1162 PUBLIC HEARING: SOLANO RAILCAR CO. - APPEAL OF DENTED NEGATIVE
DSCLARATTON AND REZONE FROM "A-2" (GENERAL) AND "A-R" (AGRIGULTURAL-
RESIDENTIAL) TO "M-2" (HEAVY INDUSTRIAL) PROPERTY LOCATED ALONG THE
SOUTHERN PACIFIC RAILRAAD RIGHT-OF-WAY FROM BAGGETT-MARYSVILLE ROAD
SOUTH OF OPHIR ROAD, IDENTIFIID AS AP 35-210-01, 35-220-1, 35-220-2,
3b-16-14, 36-20-11 and 36-27-20 (PORTION) CONTAINING 10.0 ACRES, MORE
OR LESS OROVILLE - CONTINUED TO JULY 18 1978 AT 9:30 A.M.
The public hearing on the Solano Railcar Co. appeal of 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, 35-220-1, 35-220-2,
36-16-14, 36-20-11 and 36-17-20 (portion) containing 1000 acres, more
or less, Oroville was held as advertised.
Hearing open to the public. Appearing: Raoul Leclerc, attorney
representing Solano Railcar Co. and Stanley Sedor, attorney representing
the landowners in the area. Mr. Leclerc asked that the Board continue
the hearing for two weeks. Mr. Sedor concurred in the request.
The matter was continued to July 18, 1978 at 9:30 a.mo
Page 9,
June 20, 1978
June 20, 1978
78-1163 CONTINUED HEARING: FIRESTONE STIMPSON~ INC. - DRAFT ENVIRONMENTAL
IMPACT REPORT ANA REZONE FROM "A-2 LIMITED" TO "PA-C".(PLANNER AREA-CLUSTER)
AND"C-2" (GENERAL COMMERCIAL) PROPERTY LOCATED APPROX. 200 FEET NORTH OF
SKYWAY, APPROX. 120 FEET WEST OF SCHMALE LANE, IDENTIFIED AS A PORTION OF
AP 51-22-70 CONTAINING 10 ACRES MORE OR LESS PARADISE
The public hearing on the Firestone Stimpson Inc. draft environ-
mental impact xeport and rezone from "A-2 limited" to "PA-C" (planned
area-cluster) and "C-2" (general commercial) property located approximately
200 feet noxth of Skyway, approximately 120 feet west of Schmale Lane,
identified as a portion of AP 51-22-70, containing 10 acres, more or
less, Paradise was held as contii-uedo!- r ~ :€-~° '"
Mr. Cornelius asked that the landscaping be placed prior to
construction. Mr. Cornelius also requested that a fence be placed along
his property line,
Bearing closed to the public and confined to the Board.
On motion of Supervisor Lemke, seconded by Supervisor Madigan
and unanimously carried, because the Board has reviewed the contents of
the draft environmental 3anpact report, the comments received thereon,
and the responses to those comments, the Board has considered the
remarks of Mr, Cornelius regarding the project and the short term problem
as raised before this Board would not have a significant effect on the
environment, therefore the Board certifies that the final environmental
impact report has been completed in compliance with the California Environ-
mental Quality Act, the State EIR Guidelines and the Butte County Environ-
mentai Review Guidelines.
The matter was recessed until later in the meeting.
78-1164 ADOPT RESOLUTION 78-111: PUBLIC BEARING: STATE TV CABLE - REQUEST
FOR CONSIDERATION OF A RATE SCHEDULE ADJUSTMENT FOR THE BUTTE COUNTY AREA
CONTIGIOUS TO THE CITY OF CBICO
The public hearing on the State TV Cable request for consideration
of a rate schedule adjustment for the Butte County area contigious to the
City of Chica was held as advertised. Clif Mickelson, administrative
officer, stated that his office recommended adoption of the resolution
increasing the rates the same as the City of Chico but that the change
shotld not revert back after six months as set out in the City of Chico
resolution.
Hearing open to the public. Appearing: John Martin,. State TV
Cable. Mr. Martin set out his request for the rate increase. State TV
Cable is requesting a rate increase such as was given to the City of
Oroville. The rate would be $7.00 per month.
Hearing closed to the public and confined to the Board.
On motion of Supervisor Richter, seconded by Supervisor Madigan
and unanimously carried, the rate schedule was approved as recommended by
the Administrative Officer deleting Sections 3, 4 and 5; Resolution 78-111
adopting the rate schedule adjustment was adopted and the Chairman authorized
to sign.
78-1165 ADOPT ORDINANCE 1936 :~~AND 1937: CONTINUED PUBLIC HEARING: FIRESTONE
STIMPSON, INC. - DRAFT ENVIRONMENTAL IMPAGT REPORT AND REZONE FROM "A-2
LIMITED" TO "PA-C" (PLANNED AREA-CLUSTER) AND "C-2" (GENERAL COME~RCIAL)
PROPERTY LOCATED APPROX. 200 FEET NORTH OF SKYWAY, APPROX. 120 FEET WEST
OF SCHMALE LANE, IDENTIFIED AS A PORTION OF AP 51-22-70, CONTAINING 10
ACRES, MORE OR LESS. PARADISE
The public hearing on the Firestone Stimpson Inc. draft environ-
mental impact report and rezone from-"A-2 limited" to "PA-c" (planned
Page 10. June 20, 1978
June 20, 1978
area-cluster) and "C-2" {general commercial) property located approximately
200 feet north of Skyway, approximately 120 feet west of Schmale Lane,
identified as a portion of AP 51-22-70, containing 10 acres, more or
less, Paradise was held as continued. Jim Lawson, planning director,
set out the background'of the rezone. It is in conformance with the
general plan. The Planning Commission voted unanimously to approve the
rezoned
Hearing open to the public. Appearing: No one.
Hearing closed to the public and confined to the Board.
On motion of Supervisor Lemke, seconded by Supervisor Madigan
and unanimously carried, based on the Board's own knowledge and research
and on information presented to the Board concerning this project, including
the environmental impact report which was considered in arriving at a
decision, the project could have a significant effect on the environment
but will not in this case because of the adopted mitigation measures
included in the conditions and by this reference made a part hereof;
having found the above, the rezone was approved with the findings that
it is consistent with the general plan subject to the following conditions:
1, Landscaping per development plan submittedo
2. Breakaway gate on emergency exito
3. Easement on Skyway for emergency exit.
4. T1lumination plan be as submitted.
5. Submit road and drainage plans to the Dept. of Public Works for approval
and install the required facilitiese
b. Deed 30 fto from the centerline of Schmale Lane.
7. Construct half street section on Schmale Lane to R5-2-major road
geometric standard for frontage on AP 51-22-14, 15, 16 and 170
Minimum structural section to be 2" AC and 8" AB with fog seal and
95% relative compaction. Submit design to County Dept. of Public
Works for"approval;er-"R" value determinations and other data may be
required to support section design.
8. Provide monumentation as required by the Dept, of Public Works in
accordance with accepted standards.
9. Street grades and other features shall comply with the Butte County
Ordinances, design resolution and other accepted engineering standards.
10. All easements of record to be shown on the final map and on the PA-C
plan.
11. Meet the requirements of Butte County Fire Dept. or other responsible
agency.
12. Street lighting shall be provided as approved by the County.
13. Submit site development plan to Dept. of Public Works for approval
and construct or install the required facilitiese
14. Provide permanent solution for drainage.
15, Pay $15,000 traffic signal fee.
Page 11.
3une 20, 1978
June 20, 1978
16. Water service applications to be reviewed by the Paradise Trrigatian
District Board of Directors.
17. A parcel map/reversion to acreage and/or boundary line modification
be accomplished to establish the exact boundary of the PA-C development.
18. Segregate or pay off assessments.
19. The development to meet the requirements of the Regional Water Quality
Control Board.
20. Design and installation of the septic disposal system to be in
accordance with Butte County Health Department.
21. Construct a 6 fto chain-link fence along the entire north property
line.
22. A11 efforts at dust control be made during construction.
the following ordinances were adopted and the Chairman authorized to sign:
Ordinance 1936 - rezone to "PA-C"
Ordinance 1937 - rezone to "C-2"
78-1166 PUBLIC WORKS INSTRUCTED TO LOOK INTO REQUIREMENT OF MITIGATION
MEASURE THAT DEVELOPED DURING CONSTRUCTION EROCESS
Public Works Director was instructed to look into changing
the building permit ordinance so that during construction if a nuisance
is created Public Works will have the authority to enforce nuisanceo
78-1167 RESCIND ACTION: FRANK PEASE TENTATIVE PARCEL MAP, AP 71-07-23, FOUR
PARCELS, NORTH SIDE OF PONDEROSA WAY, APPRO%. THREE MILES EAST OF ORO-
QUINCY ROAD, BERRY CREEK, MINUTE ORDER 78-1156
On motion of Supervisor Richter, seconded by Supervisor Lemke
and unanimously carried, the action denying the Frank Pease appeal was
rescinded.
On motion of Supervisor Lemke, seconded by Supervisor Moseley
and unanimously carried, the tentative parcel map, AP 71-07-23, four
parcels, north side of Ponderosa Way, approximately three miles east of
Oro-Quincy Road, Berry Creek was approved, with the finding that it is
in conformance with the General Plan; subject to the conditions:
1. Meet the requirements of the Butte County Fixe Dept.
2. Provide two-way traversable access to each parcel from a county road.
3. Verify legal access.
4. Access to be reserved in deeds as per County Ordinance and offered
for dedicatiozi on the final map.
5. Show a 50 ft, building setback line measured from centerline of
access easement.
6. Provide road maintenance agreement,
7. Show all easements of record on the final map.
8. Pay any delinquent taxes.
9. Show on the final map a 50 ft, leachfield free setback from the drainage
way traversing parcels 2 a'nd'3.
Page l2. June 20, 1978
June 20, 1978
10. Place a note on the final map noting that areas with a grade exceeding
30~ are unusable fox the installation of septic tank systems.
78-1168 APPEARANCE: DON BLARE. OROVILLE
Mr. Blake spoke regarding the preconference stipulation
statement that was made by County Counsel regarding the PG&E coal
fired plant. In Paragraph E-3 it states that Butte County presently
has contract entitlements fax water to 27,500 acre feet. It stated
that Butte County is offering 23,500 acre feet to the applicant.
Dan Blackstock, county counsel, stated that the water of
Butte County was not committed by stipulation. In the stipulation
there is no reference made to a contract for water, 1Te did not tell the
Energy Commission that Butte County has entered into a contract with
PG&E> This stipulation cannot be legally construed as such.
78-1169 APPEARANCE: CONNIE ARCHER
Ms. Archer asked that Mr. Blake represent her and speak for
her at this time.
Mr, Blake spoke regarding the pollutor in Sauthern California.
Nr. Nickelson stated that the plant in Southern California could not be
compared with the proposed PG&E coal fired plant, Mr, Blake asked the
Board if their position was that coal ash out of a steel mill is more
harmful than coal ash out of a PG&E coal plant,
Mr. Nickelson stated that he had made his report from comments
from the Air Pollution Control engineer in San Bernardino County.
Nr. Blake stated that EDAW had reported on a recent series
of workshops. Mr. Blake felt that EDAW had taken $26,000 of the county's
money and have done nothing for the benefit of the county. Mr. Blake
stated that he intended to take this matter to the Attorney General and
demand Butte County's money back.
Mr. Blake commented on Chairman Winston's report regarding
his trips to several PG&E coal fired plant sites.
RECESS: 11:15 a.m.
RECONVENE: 11:16 a.m.
78-1170 APPEARANCE: BRIAN RIX, ATTORNEY REPRESENTING GLICKMAN, CRLTMPLER,
RILEY AND ASSOCIATES
Mr. Rix asked that the Board discuss the letter written by
Mr. Mace regarding his clients' rezone at this time.
Earl Nelson, environmental review director, stated that he
had received a copy of the letter. There are some interesting points
raised in the letter. The matter is scheduled for June 27, 1978.
1Te will have the answers for the Board next week. All points raised
will be responded to.
Mr. Rix asked whether the Board intended to take action
regarding freezing of building permits as requested in the lettero
It was felt that the hearing should be held next week
as scheduled and no changes made at this time.
78-1171 GARRETT BURT, PARADISE
Mr. Burt spoke regarding spending of property tax money.
Mr. Burt was concerned that the Board watch the money now so it can.be
used for necessary services,.
-Page 13.
June 20, 1978
June 20, 1978
78-1172 WAIVE 120-DAY LIFffT FOR APPROVAL OF GRIDLEY TRANSFER STATION CONTRACT
On motion of Supervisor Richter, seconded by Supervisor Moseley
and unanimously carried, the 120-day limit for approval of the Gridley
Transfer Station contract was waived.
78-1173 POLICY RE: RECOGNITION OF PER50NS WISHING TO SPEAK DURING 11:00 A.M.
TIME SCHEDULE ON AGENDA
On motion of Supervisor Richter, seconded by Supervisor Madigan
and carried, discussion during the recognition of persons wishing to speak
during the 11:00 a.mo time schedule on the agenda will be limited to five
minutes and no one can transfer their time to another persono::AYES: Supervisors
Lemke, Madigan, Richter and Chairman Winston. NOES: Supervisor Moseley.
78-1174 PUBLIC HEARING DATES SET
The following public hearing dates were set:
1. A public hearing date of July 25, 1978 at 9:30 a.m. was
-set for consideration of the extension of interim A-40 (agricultural,
40 acre parcels) property located in the vicinity of the Chico Municipal
Airport.
2, A public hearing date of July 25, 1978 at 9;45 a.m. was
set to consider Butte County Planning Commission - general plan change
from industrial to medium density residential, 9-12 dwelling units per
acre and commercial, and from medium low density residential, 5-8 dwelling
units per acre to commercial, medium density residential, 9-12 dwelling
units per acre, industrial and public.
78-1175 WAIVE FIRST READING: SALARY ORDINANCE AMENDMENT DELETING RECLASSIFICATIDNS
DEPARTMENT HEADS TO BE ADVISED THAT NO CHANGES IN CLASSTFTCATIONS WILL BE
APPROVED UNTTL BOARD CONSIDERS RAMIFICATIONS OF PROPOSITTON 13
Jim Rackerby, personnel director, set out the changes to be
made in the salary ordinance amendment. There are two reclassifications
in the amendment.
On motion of Supervisor Richter, seconded by Supervisor Madigan.
and unanimously carried, the first reading of the salary ordinance amendment
was waived with the deletion of the two reclassifications.
Mr. Rackerby to advise department heads that no changes in
classifications will be approved until the Board considers the ramifications
of Proposition 13.
78-1176 APPOINTMENTS CONTTNUED TO JUNE 27, 1978
The following appointments were continued to June 27, 1978:
1. Appointment to the Butte County Council for Senior Citizens.
2. Appointments to the Housing and Community Development Advisory
Committee.
3o Appointment to the Board of Zoning Adjustment.
78-1177 APPOINTMENTS TO THE MENTAL HEALTH ADVISORY BOARD
On motion of Supervisor Moseley, seconded by Supervisor Richter
and unanimously carried, the following were appointed as members to the
.Mental Health Advisory Board:
James, Austin, Pastor
Dr, Virgina Harich
Candice Toyoda
Mrs. William Brownell
Peg Hammer
Peggy Davis Page 14.
June 20, 1978
3une 20, 1978
78-1178 APPOINTMENTS TO HZIMAN SERVICES ADVISORY COMMISSION
On motion of Supervisor Moseley, seconded by Supervisor Madigan
and unanimously carried, the following were appointed as members to the
Human Services Advisory Commission:
Harriett Harper
Mrse Lorena Hardesty
78-1179 DISCUSSION: FUNDING FOR NORTHEI.iN CALIFORNIA EMERGENCY MEDIC:4L CARE
PROGRAM
Discussion of funding for Northern California Emergency Medical.
Care Program held at this time.
Administrative Officer to contact Jack Becker, Med-Com, and
ask him to appear before the Board and address the functions and on-going
functions of Med-Com.
78-1180 DISCUSSION: PROPOSED BY-LAWS OF NORTHERN CALIFORNIA HEALTH SYSTEMS
AGENCY
Supervisor Madigat~Eelt that the Board should go on record
opposing the proposed by-laws of the Northern California Health Systems
Agency. It is going to take control away from the Boards of Supervisors.
Chairman Winston stated that he would like to postpone making
a decision on this until he has had a chance to talk to Dr, John Floyd,
It was felt that this slZ9uld be looked at by the Nine Northern
Counties as.a whole.
78-1181 ADDITIONAL MATTER PRESENTED BY CHAIRMAN WINSTON
Chairman Winston stated that he received a copy of a memo
from the Agriculture Commissioner regarding a press release regarding
the MCPA study that is going on in the county.
Chairman Winston to advise Mr, Bandy that he can make the
press release regarding the monitoring programs and distribute the
pamphlet, "What's going on here."
78-1182 ADOPT RESOLUTION 78-112 URGING REPEAL OF CALIFORNIA EN'V'IRONMENTAL
QUALITY ACT
On motion of Supervisor Lemke, seconded by Supervisor Madigan
and carried, Resolution 78-112 urging repeal of California Environmental
Quality Act was adopted and the Chairman authorized to sign.
AYES: Supervisors Lemke, Madigan and Moseley
NOES: Supervisor Richter and Chairman Winston.
78-1183 MOTION TO HAVE IMMEDIATE HIRING FREEZE DIES FOR LACK OF SECOND:
ADMINISTRATIVE OFFICE TO REVIEW REQUESTS FOR FILLING OF VACANT POSITIONS
Tt was moved by Supervisor Madigan that the county have an
immediate hiring freeze.
Motion dies for lack of second.
The Administrative Office is to review all requests for filling
of vacancies. If there is a question as to whether the department can
do without the position, then it will be brought to the Board for decisiono
78-1184 ADDITIONAL MATTERS PRESENTED BY SUPERVISOR MADIGAN
Supervisor Madigan asked that Al Anderson, assessor, come
before the Board next week and explain-the procedures he plans to
follow.
Mr. Anderson was asked to respond to Mr, Eisenhower's memo.
Page 15.
June 20, 1978
June 20, 1978
Supervisor Madigan stated that he had been approached by a county
employee who was put out because he did not have a county vehicle to drive
to and from work. He would like to know how many vehicles are used by
employees.
The Administrative Officer to make a report.
EXECiJTIVE SESSION: The Board recessed at 11:50 a.m, to hold an executive
', session regarding ,litigation.
', RECONVENE: The Board reconvened at 11:57 a.m. following an executive
session regarding litigation. A matter of on-going litigation
was discussedo Payment to a contractor in the Paradise area
was also discussed.
', ADJOURNh~NT
', There being nothing further efore the Boa d at this time, the
meeting was adjourned at 12:00 p.m. reconvene on es y, une 27, 1978
at 9:00 a.mo
ATTEST: CLARK A. NELSON, COUNTY CLE
Q r ~
By ~~ ~GC, ~.•~e.~ Chai a , Board o Supervi ors
Page 16.
June 20, 1978