HomeMy WebLinkAboutM080977~ ~
August 4, 1977
STATE OF CALIFOR NIA )
) S5.
COUNTY OF BUTTE )
The Board of Supervisors re convened at 4:00 a.m. 'pursuant to adjournment.
Present: Supervisors Lemke, Macit;~F..,, i+/bseley, Winston and Chairman Richter.
Clif Nickelson, Administrative Officer; Dan Blackstock, County Counsel, and Clark A.
Nelson, County Clerk, by Margie Cott, Clerk of the Board.
Pledge of allegiance to the Flag of the United States of America
Invocation by Supervisor Lemke
77-1538 APPROVAL OF MINUTES
On oration of Supervisor Lemke, seconded 6y Supervisor Madigan and
unanimously carried, the minutes of August 2, 1977 were approved as mailed.
j 77-1539 COMMUNICATIONS
Jim Terhune, Chico. Mr. Terhune submits his resignation of a member of the Citizens
Advisory Committee on Drug Abuse and the Alcohol Advisory Board,
cl~'S• ~~ ~ Administrative Officer to post the vacancy.
Ridge Branch Butte County Taxpayers Association, The Association writes in opposition to
further development of apartment complexes on the ridge and opposes further
residential occupancy greater than two dwellings per acre. Discussed; no
f (3 •D~ action taken.
j Butte County Humane Society. The Society appeals conditions of a use permit requiring urban
j improvements which were n condition of expansion of their facilities on the
south side of Highway 32, near EI Monte Avenue, Chico. Set for
~~ 3 ,gyp hearing on August 23, 1977 at 10:45 a,m.
Alkop Farms, Inc., Chico. The Firm writes in opposition to the extension of interim C-2
zoning in the Mud Creek-Esplanade area presently being considered for rezoning.
)I 3'00_ To be held for hearing at 9:30 a.m.
Friends of Butte County. The Friends write concerning the W. L, Stile Ranches rezone and the
esfablishment of designated urban areas. Discussed; to be held for hearing
>'~ 3.Oi~ at 9:30 a.m.
Pacific Gas and Electric Company. The Company writes concerning the proposed abandonment
of certain streets and alleys in the Western Pacific Addition in Oroville ~vrnich
(~C.~e~,p n is set far hearing on September b. Referred to County Counsel.
City of Rancho Palos Verdes. The City writes concerning the present method of sales tax
distribution. Discussed and referred to County Auditor.
/02.2
Dorothy L, Utz, Vacaville. Mrs. Utz submits a claim in the amount of $198.44 far damages
to her automobile reportedly caused by a county maintenance truck.
/ 0 O ~ ~ Referred to County Counsel ,
California Rural Legal Assistanae. The Firm writes concerning the treatment of Butte County
indigents in the Sutter County Hospital. Referred to Administrative Officer
+U, ~ and Health Department and they will word up a response for the Chairman's
signature. See motion following communications.
Page 386, August 9, 1977
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Wm, Lawrence, County Auditor, Memor re Shifting of tax effort, Discussed. Clif
Mickelson, Administrative Officer, explained the matter of shifting the
f O Z .pq library costs and placing these costs on the property tax bills, Should
not fund with sales tax revenue. Suggestions of Administrative Officer
discussed,
I
Second memo from Mr, Lawrence regarding 1977-~78 budget adjustment,
jd a . o o requesting That the $200,000 6e reclassify as '~Jnallocated Appropriation ",
Discussed; no action token,
77-1540 RESOLUTI ON OPPOSING PROPOSED ILLEGAL ALIEN CITIZENSHIP BILL TO BE
SENT TO CONGRESSIONAL REPRESENTATIVES
Supervisor Lemke requested a resolution opposing the giving of citizenship
to illegal aliens. Present proposal bill of President Carter discussed.
On motion of Supervisor Lemke, seconded by Supervisor Madigan and carried,
County Counsel was requested to prepare a resolution to 6e sent to the Northern Representatives
to Congress and the Senate opposing the proposed illegal alien citizenship bill,
AYES: Supervisors Lemke, Madigan, Moseley and Winston
NOES; Chairman Richter
~7-1541 AUDITOR INSTRUCTED TO PROVIDE LINE ITEM FOR LIBRARY COSTS ON TAX BILL
On motion of Supervisor Winston, seconded y Supervisor Moseley and
unanimously carried, the Auditor was instructed to provide a line item on the property
tax bill to show the library costs.
T7-1542 DISCUSSION: EXTENSION OF TIME FOR MR. HOLCOMB
Supervisor Lemke commented on the letter from De Siemsen, deputy county
counsel, setting out the request of extension of time on the Holcomb matter, Today is the
last day of the stipulation agreement. Hotter to be held over until II:00 a,m. when the
attorney for Holcomb will formally ask for a continuance.
7-1543 WATER MEETING IN LOS ANGELES: DON BLAKE AUTHORIZED TO ATTEND
Don Bla a was present to discuss t e water meeting to be e d in Los Angeles,
It was felt that the County should have a representative at the meeting, The Stale Dept. of
Wafter Resources is sponsoring the meeting; it is a new commission appointed by the
Governor to study the water problem. Mr, Mi akelson was requested to call Red Coleman,
Chico, and determine if he had been notified of this meeting, Meeting discussed.
On motion of Supervisor Winston, seconded by Supervisor Madigan and
unanimously carried, Don Blake was authorized do attend the water meeting in Los Angeles
as the County's representative at the meeting.
7-1544 DISCUSSION: STEIFFERMINE OPERATION
Supervisor Lem a reported t at ast ridgy afternoon Dan Blackstnck, Jim Lawson,
Howard Toussaint, Lynn Van Hart and himself walked aver the Steiffer mine operation.
There were cuts made in the mountain, just adjacent to the P.I.D. reservoir. One of the
major complaints that the Water Quality Control Boprd complains about is run-off and this
company has created a drastic run-off problem.
Last week the manager of the operation stated that the building .they had
placed on the property was for storage of agricultural products. Supervisor Lemke
does not believe the building is for storage of agricultural products.
Page 387.
August 9, 1977
tom, ~
__~_____________ Aggust9,., 1977_ __
In this drought season, there are over 100 trees that have been knocked down and
ds have been cut in. They have devastated the landscape. There is underground storage of
I.
Dan Blackstock, County Counsel, stated that they have filed the litigation
:rs and are in the process of service now. The company is putting down cement in the shaft. They
cementing the bottom so that there will not be ground water contamination.
Matter discussed; no action taken.
i45 PUBLIC HEARING: W. L. STILE RANCHES, INC. ENVIRONMENTAL IMPACT REPORT
VD REZONE FROM "A-2" (GENERAL), "A-R" (AGRICULTURAL-RESIDENTIAL) AND
NTERIMSR-1"(SUBURBAN-RESIDENTIAL) TO "5-R", A-SR", "R-3"and '"G2", PROPERTY
)GATED BETWEEN HENSHAW AVENUE & LINDO CHANNEL, & BETWEEN ESPLANADE
VD CUSSICK AVENUE CHICO.: OR_D_lNANCES IB4$, 1849, (850 ~ 1851
The pu is acing on t e tie nc es, nc.~nvironmenta) impact report
d rezone from "A-2" (general), "A-R" (agricultural-residential) and "Interim SR-i"
rrur6an residential -one acre lots) to "S-R" (suburbon-residential), "A-SR" (agricultural-
aurban-residential), "R-3" (medium density residential) and 'C-2" (general commercial)
~perty located between Henshaw Avenue and Lindo Channel, and between Esplanade and
issick Avenue, identified as AP 44-20-69, AP 44-20-71, AP 44-20-74 and AP 44-20-75, Chico
rs held as advertised.
Earl Nelson, E. L R. Director, explained action to be taken on the draft E. L R.
he draft E.I.R. has been revised. Comments and responses have been included at the end
f the report.
Hearing opened to the public on the adoption of the E.LR. Appearing:
I. Mr. Alan Burchett, of the law firm of Goldstein, Barceloux & Golstein,
nting Mr. Stiles, requested permission to see the changes to the E.I.R. Mr. Nelson
ed Mr. Burchett with a copy of the E.I.R.
Hearing closed to the public and confined to the Board.
On motion of Supervisor Winston, seconded by Supervisor Lemke and unanimously
cried, the Board stated that because they have reviewed the contents of the draft
vironmental impact report, the comments received thereon, and the responses to those
mments, they certified that the final environmental impact report hos been completed in
rnpliance with the California Envi~nmental Quality Act, the State EIRGuidelines and
Butte County Environmental i7eview Guidelines.
Hearing opened to the rezone. Mr. Nelson informed the Board that they must
ilce a finding when they make a motion approving the rezone.
Letters wen: received from Friends of Butte County and Alkop Farms, Ins., Chi co,
opposition to this rezone.
Appearing:
(. Alan Burchett, attorney at law, on behalf of applicant. He
:ommended that the Board adopt the recommendation of the Planning Cornmissian. He set
r justification for the rezone. Chairman Richter asked three questions of Mr. Burchett.
Page 388.
August 9, 1977
~'^. ~
Av~ust 9, 1977
Is this consistent with the General Plon? Yes. 2) Is this within the Shasta Union
)rainage District? Yes. 3) Is this within the sphere of influence of the City of Chico?
2. Mr. Fronk Purcell, Cussick Avenue, Chico. He stated he would like to know
~ people who wrote the letters listed under today's oommunicati~ns. He stated he has no
jections to Mr. Stiles request.
Hearing closed to the public and confined to the Board.
It was moved by Supervisor wnston, seconded by Supervisor Madigan and
animously carried, that based on the Board's knowledge and research and on information
scented to them concerning this project, including the environmental impact report which was
nsidered in arriving at a decision, he moved that the project may have a significant effect
the environment and that there are no feasible mitigation measures available to reduce or
minute this significant effect, that all of the property is in the urban area of Chico, and it is
keeping with the good recognizable planning of the County, and with fine findings that this
in accordance with the General Plan, and the following ordinances were adapted and the
airman authorized to sign:
Ordinance 1848- "S-R"zoning
Ordinance (84,9 - ""A-5R"zoning
Ordinance 185p- "R-3 "zoning
Ordinance 18~f- 'G-2"zoning
i46 PUBLIC HEARING: FRANK 8 MARION BENNETT-ENVIRONMENTAL 1MPAGT REPORT
~D PETITION FOR CANCELLATION OF LAND CONSERVATION AGREEMENT
The public hearing on the Frank and Marion Bennet# environments impact report
d petition for cancellation of land conservation agreement was held at this time.
Hearing opened to the public on the E.I.R. Appearing:
No ane.
Hearing closed on the draft and consideration is now given to the final
I . R.
Mr. Frank Bennett, petitioner, set out his justification for the cancellation
the land conservation agreement. He purchased this property in 1958; there is 120 acres
question. The soil is very poor, they are operating it os a cattle ranch, The cattle
rket collapsed in 197'3 and they lost a great deal of money. They are now trying to
relop the property. Reasons for withdrawal set out. The penalty far withdrawal amounts
$18,000. They are requesting this withdrawal because they have to; economic pressures
re forced them to it. It is not inconsistent with the Land Use map.
Jim Lawson, Planning Director, set out his thinking regarding the withdrawal
development of this land. He stated that last night the Commission discussed the Open
:e_Element and they felt that tt was going to have to be broken down into several
Mr. DeVere Pace, Hicks Lane, Chico, stated he hoped the Boan:l would
this withdrawal.
Page $89.
August 9, 1977
f'"`~ ~
felt the cancellc~ion~nres°ro"t ctOOns'Tst~nfwffl°i~~c-G}ianpeter aft}die Gare: ~~ o~ fee~ston
that the cancellation was in the public's interest. Alternative use of the land set out.
agricultural Commies€on and the LCA Commission recommended approval as this was in the
public interest. Mr. Lawson explained the findings of the LCA Commission.
It was moved by Supervisor Lemke, seconded by Supervisor Madigan and
unanimously carried, the Board stated that because They have reviewed the contents of the draft
environmental impact report, the comments received' thereon, and the responses to those
comments, it was moved that the Board certify that fhe fine! environmental impact report .
has been completed in compliance with the California Environmental Quality Act, the State
ElRguidelines and the Butte County Environmental Review Guidelines.
Hearing opened #o the project of the withdrawal from the Williamson Act.
Appearing:
I. Mr. Cal Bachman, Garner Lane, Chico; spoke in favor.
2. Dr. Bennett
Hearing closed ro the public and confined to the Board.
It was moved &y Supervisor Winston, seconded by Supervisor Moseley
id unanimously can•ied, that based on the knowledge and research and information presented
the Board concerning thiscancellation of the Frank and Marion Bennett land conservation
Ireement, including the environmental impact report which was considered in -arriving at, a
~cision, it w'as moved that~t he Board finds chat the project may have a significant effect on the
wironment and that there are no feasible mitigation measures available to reduce or el€minate
is significant effect; it is found that it is in the best public interest that this agreement be
inoelled, providing that the appropriate penalties are paid; that there may be adverse impacts
~m this decision, but that there are overriding social reasons that make such action practical;
at the chAracter of the neighborhood has changed drastically and that it is rw longer
onomically feasible to farm said land and that there €s no other agr€cultural use that
land could be put to use.
10:45
ED: 10:53
77=1547 WALTER E. & JACQUELINE HENSLEY-PETITION FOR VARIANCE TO SECTIONS 19-10
and/or 19-12 OF BUTTE COtJ'NTY CODE FOR PLACEMENT OF A MOBILE HOME AT .BCtXB,
QRD FER1tY•STA~G1 aA~'':fON_
e pu is wring on the Walter E, and Jacqueline Hensley petition for variance to
Section 19-10 and/or 19-12 of the Butte County Coda for placement of a mobile home at .
Box 3, Ord Ferry 'image, Dayton was held as advertised. Howard Toussaint set out the background,
Mating that the Health Department recommended approval.
Nearing opened to the public. Appearing: no one. Hearing closed to the
and confined to the Boa rd.
On motion of Supervisor Moseley, seconded by Supervisor Lemke, and
imously carried, the petition for variance to Sections 19-10 and/or E9-12 of the Butte
qty Code for placement of a mobile home at Box 3, Ord Ferry Stage, Dayton woe
~ved for a period of one year for Wal~eageE,d$$d Jacqueline Hensley.
August 9, 1977
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__________________ Au~,ust9, 1977====-------------
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i48 APPEARANCE:-MR..-MORAN -ATTORNEY FOR MR. HOLCOMB, WITH REQUEST
)R EXTI: NSIO N OF TIME
Mr. ran, attorney for Mr. Holcomb, requested an extension of time under
agreement for Mr. Holcomb. He requested that the Board authorize the County Counsel
enter into an agreement extending time to comply with the conditions. Jerry Holcomb was
prison and has been released. He was injured on July 4th and has been unable to build
fence and clean up the property. He has tried is obtain a doctors statement that he
vld be unable to comply with the judgment. Mr. Moran set out the justification for the
iuest for extension of time.
Don Blackstock, County Counsel, stated that his study shows that Mr. Holcomb
not even started 4he project. There has been no attempt to comply with the agreement.
Mr. Moran explained what had been done on the property. Mr. Holcomb
Ivertised in the papers to sell the materials. He was on the premises this morning and noticed
vast difference in the appearance of the property. All the vehicle hoods have been taken down;
Ir. Holcomb has attempted to construct a fence around the place. Mr. Nbran felt the County
could grant a short extension of time.
Appearing;
I . Mr. Gordan Man,tz, read a letter signed by property owners in
area. The letter requests that the County not grant anothrar extension of time.
2. Mr. Tam Hazenbart, neighbor of Mr. Man iz, 5et out facts
lacing to Mr. Holcomb's probatimn. He stated the! Mr. Holcomb is a criminal and
Quid be treated as such, and felt that Bufite County did not need this type person.
On motion of Supervisor IMnston, seconded by Supervisor Lemke and
usiy carried, request of Mr. Holcomb for extension of time was denied and County
was instructed to file the proper documents for contempt of Court.
r~v,grreA~tANGE: B_I_LL PARKER, PARADISE: RESCIND ACTION OF LAST WEEK
Bill Parker, Paradise, stated he had filed an appeal to requirements of a
rcel map. This was heard last week and because he was not present, the appeal was
Hied. He has sold this property and one of the conditions was that he go ahead with
appeal. Curbs and gutters were required on Kibler Read.
Clay Castleberry, Director of Public Works, said it would be appropriate
require the street improvements and have an asphalt dike and walkway built in
rce of the curbs and gutters. He stated the Board could reopen the hearing of last
Mr. Parker stated that a fire hydrant is also required. Fire Department has
that a fire hydrant be installed.
On motion of Supervisor Winston, seconded by Supervisor Lemke and unanimously
d, the Board rescinded their action of last week, line item 77-1500, page 372, of
t 2, 1977 minutes, in which they denied Mr. Parker's appeal.
On motion of Supervisor Lemke, seconded by Supervisor Moseley, and
imously carried, the Board implemented the suggestion of Public Work's director as to
.Page 391.
August 9, 1977
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____--_--_-____=====August.4~lQ7J^~_~~__~~_-----____
the.coqdi}ions of curbs, utters and sidewalks and authorized them to be re Igcad with
an asphalt dike and wal~Cway on Kibler and tf at a paved easement with a Ibp foot paved
area be put in to the back portion of the property.
Mr. Bob Connan suggested that the Board consider that In residential-
~icultural areas, that instead of putting in curbs, gutters and sidewalks, that dikes be
rhorized with walkways on one side of the roads. This would give the children a plots
walk.
-1550 DISCUSSION OF OPTION TO PURCHASE PROPERTY FOR MENTAL HEALTH FACILITY
IN CHICO AND PROPOSED BIDDING PROCEDURE:
Discussion of option to port ass property for mental health facility in
Chico held of this time. Chairman Richter requested that Mr. McLaughlin and Mr, Brunton
present their proposals at this time.
Chairman Richter questioned Mr. McLaughlin, asking him about the zoning at
s proposed site. The property is zoned C-I. The zoning does require a use permit.
r. McLaughlin stated they have the application for the~use permit but it has not been
led at present. Mr, Fox stated there would be no problem with the City of Chico in
curing the use permit.
Mr. McLaughlin said that the site was wmprised of three-fourths of an acre.
alt Adkins presented a plot plan of the site. Mr. McLaughlin stated he would pick up
i additional 24 foot easement along the side of the property, Chairman Richter asked
gat the cost per square foot would be. Footage and costs calculated at this time,
r. McLaughlin would grant the County an option for the actual cost of the lot, plus
,500, $7$,500 would include Fhe easement, option to purchase and for the plot plans.
vrould include plan check by the City of Chico; they vwuld apply for the use permit and
li pay the fee; architectural floor plans from Hannan, Fox and McFarren would be included;
d permanent easement would be granted t4 the County.
Mr, McLaughlin hated that fhe Lieen:ing Bureau has tentatively approved
plans. I•,.~.:goxtattted that the square footage was not sa issue.
The plane were approved by the staff.
Tfr. MaEaughlin answered questions from Chairman Richter.
The square footage is approximately 13,000. There are 16 patient bade.
There are 35 parking spaces. The easement will be deeded in perpetuity.
There cannot be parking oa the easement.
Dr. 5vihus stated that even with 32 spaces there is no room.
The other apecea are in the delivery area and that could be a problem.
Discussion of ingress and egress to the back of the building
had at this time. Dr. bbihua stated that it would be better to have
the ingress and egress around the front.
Dr. Maguire stated that on that particular lot Mr. Fox has
done the best design poaeible. The design is satisfactory for the lot.
It is sot the kind of thing that is needed.
Dr. S~ihua stated that the lot met Title 22 requirements
but sot Title 24 requirements. If the licensing requirements were changed
in the next lti years then the building popid be~readered uaueable.
Title 24 requires 8-toot halls iastesd of 6-foot belle and ether
equipment and other design._ This cauld,a_ot,be,.used for_skilled,nureing..
.._ .._ . ,.,._... . _._. page 392. --
August 9, (977
_~______~_______=9U~4a~931477_________=°__________
• The building cannot be expanded. There is no landscaping
plan at present. The recreation area ie small.
2, Mr. Earl 5elbey, representing Mr. Brunton, answered Chairman
Richter's questions. The zoning is C-1 and a use permit is required. The
permit has been obtained. There~atie 49,658 square feet in the lot including
easements. The cost per square foot would be $2.1i. There is a option
through November 18, 1977. The option can be delivered up to 90 days.
The cost for the option will be $2,000. The County will get 20 seta of
plena and specifications plus all agencies that have been cleared with
the exception of the State Fire Marshall for the $2,000. The successful
bidder will have to pay for the plans. There is 13,192 square feet in
the plan. It is a 19 patient bed facility. There are 35 parking spaces
in the front of the building. There is room for more at the back of
the building.
Dr. Svihua stated that theta are no problems with ingress and
egress for the inpatients. The halls are 8 feet and this would qualify
for Title 24 standards. The facility could be expanded. There is a
landscape plan sad a recreation area.
3. Mrs. Murphy, Mental Health Advisory Board. Mrs. Murphy stated
that there was a subcoa®ittee that looked at the proposals sad then
the Board looked at the proposals. A recommendation was made to the
staff that the Brunton property be accepted. The first location was
sold. Mr. Brunton's property was the number two choice and therefore
became the number one choice when the other property was sold. This
property is more accessible to'~nnaunity Hospital. The recommendation
is that the Brunton property be approved.
k. Tom Fox, Architect for JP Enterprises. Mr. Fox stated that
the two properties are within 600 feet of each other. The easement is
e permanent easement. The entrance to the rear was deemed to be positive
in all of the discussions. The hall ways were discussed. JP Enterprises
has offered the Board a 10-year release. The i}eaignefordth~y~t6dbpds was
what was to be in the program. The group is willing to sell the lend
and the architectval services are not incumbent on the property.
Dr. Maguire stated that between the two parcels the Brunton
parcel is preferable. Dr. Maguire stated that 16 beds would be adequate.
Supervisor Winston stated that there is a pressure from the
Mental Health people to get moving. Possibly the Board should regroup
emd reconsider.
On motion of Supervisor Madigan, seconded by Supervisor Winston
and carried, the Bruatoa lot for the site of the Mental Health Building
vas chosen and Che purchasing of the option approved.
AYES: Supervisors Madigan, ftinaton and Chairman Richter.
]70E5: SupervieorR Lemke and Moseley
RECESS: 12:50 p.m.
RECONVENE; 1:45 p.m.
Supervisors l,em&e and Winston were appointed as a committee -
to meet with the Mental Health staff, County Counsel and the administrative
Officer to bring back a racanm~endstion as to the kind of plans, trho should
draw vp the plans, whether to use the plans offered by Brunaton on the
building. •• - -- ~ - -..
-Wage 393. -
Augusfi 9, 1977
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Tha matter ii continrued to August 16 ,1977 for the recommendation
of the committee.
77-1551 CONTINUED PUBLIC HEARING: DR. RALPH ERLINGHEiJSER - ENVIRONMENTAL IMPACT
REPORT AND USE PERMIT TO ALLOW A 24-SPACE MOSILE HOME PARK ON PROPERTY ZONED
"A-2 LTD" LOCATED ON THE WEST SIDE OF EDGEWOOD LANE, APPROX. 1,300 FT. 30UTH
OF PEARSON ROAD, IDENTIFIED AS AP 54-20-02. PARADISE.
The continued public hearing on Dr. Ralph'Brliagheuaer Environmental
Impact Report and use permit to allow a 24-apace mobile home park en property
zoned "A-2 Ltd" located on the west side of Edgewood Lene, approximately
1,300 feet south of Pearaan Road, identified as AP 54-20-02, Paradise was
held at this time.
Hearing on the EIR open to the public. Appearing:
1. Don Travers, resident of Edgewood Lane. Mr. Travers stated
that he would like to respond to the Environmental Director's response
to Mr. Mace's letter. Mr. Travers stated that the heavily developed
section of Edgewood and Pearson did sat receive nay notice except through
newspaper notice. The result is that the board is denied input because
of people who do not know. Regarding Item ~2, Land Use in the responses,
the operation of the 23 units will be on less than half of the property
and will be maximum density. There is s jamming in on the road. It seems
that it is not compatible with the neighborhood. The EIR does not address
itself to the increase in runoff and the downstream owners did not receive
notice of the proposal. The response indicate that this whole problem
will be dealt with at a later time.
Mr. Travers stated that the traffic hazard at Edgewood sad Pearson
would be increased. There is a problem with visibility at the intersection
at the present time. Another problem that was not addressed is that
Edgewood Laae ie a rollercoaster type of street and the children play
in the street. There is an increase of 24 percent and the problem will
be increased by 24 percent.
Mr. Travers stated that the light and anise is the rural setting
would be significant. The impact on the water would be a problem.
Paradise is at 70 percent cutback at the present time. There should some
consideration given to this fact. There seems to be a balancing of the
amount of money versus the impact. If a use permit is granted for a
mobile home park this will net an important prea~dent. Mr. Travers
stated that he objected to the density and the number of parcels all at
one time.
Supervisor Lemke stated that PID made the statement that they
could accept the same amount of bpiiding as went oa last year. It is not
the Board's responsibility to watch another taxing entity.
Eap3rNeison;~:EagironmentdltHeviewJDirector, stated that the
applicant hoe a well which has a flow of 80 gallons per minute. Mr.
Nelson responded to the comments of Mr. Travers. The drainage plans that
are submitted to Public Works after the plan is approved will be for
the benefit of the public interest. Public Works does not feel that
the intersection is that hazardous. There is sufficient visibility.
Regarding the children playing in the street, the children should not
be playing in the street. Mr. Nelson stated that all of the comments
raised today have already been covered and are in the report. Ail of
the issues of substance have been responded to.
2. Dr. Erlin,ghenser. Dr. Erlingheuser stated that the mobile
homes were not being jaaao~ed into • smaller area than convential residences.
There is anoroximetely 15.000 savers feet oar parcel. .....,
August 9, 19'1'7
f"'' ~,.~
On motion of Supervisor iTinaton, seconded by Supervisor Lemke
and unanimously carried, because the Board has reviewed the coatenta of
the draft environmental impact report, the comments received thereon, and
the responses to those comments, therefore the Board certified that the
final environmental impact report has been completed 3n compliance with
the California Environmental Quality Act, the State EIR t{uidelines and
the Butte County Environmental Review Guid~3lnes.
Hearing on the project open to the public. Appearing:
1. Dr. Erlingheuser. Dr. Erlingheuser sCated that he believed
that there are some mobile home parka in the vicinity. The mobile home
park will be an adult mobile home park without pets.
Searing closed to the public and confined to Che Board.
On motion of Supervisor Winston, seconded by Supervisor Lemke
and unanimously carried, based on the Board awn knowledge and research
and as informatics presented to the Board concerning this project,
including the eavironmeatal impact report which was considered in arriving
at a deciaioa, the Board finds that the project may have a significant effect
on the enviro~ent, and this significant effect can be reduced but not
eliminated by the adoption of the mitigative measures attached hereto and
by this reference made a part hereof ae follows:
1. interior roads shall follow contour 11nes as much as possible to
minimize cut and fill requirements.
2. A11 graded and fflied areas shall be compacted and re-seeded before
the sing season.
3. Engineered drainage plans and a grading plan shall be submitted to
the Butte County Department of Public Works for approval.
4. Full urban improvements are required (Curb, gutter and sidewalk).
5. Developer to deed 30 feet of right-of-way along property frontage
to the County of Butte.
6. Sewage disposal standards for septic teaks adopted by the State
Regional Water Quality Control Board are to be met to the satisfaction
of the Butte County Health Officer.
7. Requirements of the Paradise Fire Protection District as outlined
is their letter of February 2, 1976 are to be met.
The use permit was approved; based upon the fact that the Board considered
the physical, economical and aociel matters and find that these constitute
an overriding effect; after considering the existing density in the
neighborhood the Board finds that the environmental project is in keeping
with the existing density as a much lesser density thaw parceling in the
area; with the findings that this is consistent with the General Plan
and the zoning; it is done in accordance with all of the safeguards in
the development process to make sure that ao problems have been created.
77-1552 WAIVE FIRST RSADING:4SALARY ORDINANCE AMENDMENT TO IMPLEN~ENf THE
PERSONNEL CHANGE5 APPROVED IN 1977-78 BUDGET.
On motion of Supervisor Lemke, seconded by Supervisor Madigan and
unanimously carried, the first xeadit4g of the•palary ordinance amendment
Co implement the pereoagel changes approved in the 1977-78 budget was
~taived .
Page 395.
August 9, 19T1
~•. ~
77-1553 APPROVE PERSONNEL T&AIRING GaANP APPLICATION UNDER THE INTE&-GOVERNMENTAL
PERSONNEL ACT TO PROVIDE TBATPIRG FOR t.OCAL GOVERNMENT EMPIAYEES INVOLVED -
TN LA80R RELATION ACTIVITIES
On motion of Supervisor Winston, seconded by Supervisor Madigan and
unanimously carried, personnel training grant application was approved and
Personnel Director authorized to sign.
77-1554 CETA RETIREMENT COSTS - MOTION OF OPPOSITION REQUEST FOR ERTENSION OF~
ONE YEAR: REQUEST FOR STATE E%F.~SPTION.
41m~Ratkerb}~,SPgrsoanet Director, stated that the Department of
Labor representatives can grant exclusions from employer's share of
retirement for a period of one year for CETA employees. Tf the County
ie required to pay then the cost would be about $88,000 of local funds.
IC is important for the extension to be granted as the rules wese changed
in the middle of the ame. Sfforta should be made through CSAC and the
_........ _...._. g.... ,. __,. ... ... _. -.._... _ . _.._.--
Leagua~~of Cities to persuade the Department of Labor Co grant and extension
of one year. At that ti.ete new legislation should be implemented to change
the law. The Manpower Council went on record as opposing this bill and it
had no effect.
Supervisor Lemke stated that this should ba presented at the
Nine Northern Counties meeting to be held in Svssaville.
On motion of Supervisor~Lemke, seconded by Supervisor Madigan
and unanimously carried, the Soard goes oa record as opposing the requirement
that the employer's share of retirement costa for PSE workers will no
longer be an allowable CETA coat; asking far an extension of time for
one year to October, 1978; and asking for legislation for a statewide
exemption.
Representative from Personnel to be present at Susanville
to explain situation to Nine Northern Counties.
77- 1555 APPROVE ADMINISTRATIVE OFFICE ITEMS
On motion of Supervisor Lemke, seconded by Supervisor Madigan
and unanimously carried, the following items were approved:
1. Approved Statement of Assurances for entitlement period
nine (October 1, 1977 through September 30, 1978) end authorized Chairman
to sign.
2. Authorized purchase of 5 RW, 220 volt generator at a cost of
$1,107.33 for public Works for the Neal Road landfill site and approved
transfer of funds from the refuse disposal budget equipment maintenance
account.
3. Approved payment in the amount of $3,997.26 to TESCO for
purchase of 800 AMP switchboard and two electrical pedEstals ae part of
electrical and lighting improvement project for Butte County Fairgrounds
sad authorized Chairman to sign certificate for payment.
77-1556 COUNTY COUN6EL TO BRING BACR PERMIT FOR GOLDEN FEATHER VOLUNTEER
FIRE COMPANY AIIGUST 16. 1977
Discussion of lease agreement for Golden Feather Volunteer
Fire Department 'for use of former Concave transfer station site had at
this time.
Supervisor Winston Stated that technically the volunteer groups
•are County employees and should apt 'have to enter into a lease agreement. i
Berbaps a permit basis would be a batter way to go. _,
August 9, 1977 ~ .
It was felt that this should be drsne on a permit basis; could be on a year-to-year
basis or on a long term palm it . County Counsel will bring back a permit next week.
Put over to Tuesday, August 16, 1977.
- 1557 ADOPT RESOLUTION 77-130 MAKING APPLICATION TO THE LOCAL AGENCY FORMA-
TIONCOMMISSION FOR FORMATION OF A-NEW COUNTY SERVICE AREA FOR FIRE
HYDRANT SERVICE
On motion of Supervisor Winston, seconded by Supervisor Lemke and unanimously
carried, Resolution 77-130 making application to the Local Agency Formation Commission for
formation of a new county service area for fire hydrant service (Berry Cree!< Water Company)
was adopted and the Chainnan authorized to sign,
- 1558 APPROVE CONTRACT FOR AUDIT, HOUSING $ DEVELOPMENT PROGRAM (MATSOM
$ ISO M) $ ADOPT EXISTING GUIDELINES AS RELOCATION PLAN FOR HOUSING AND
COMMUNITY DEVELOPMENT ACTIVITIES
On motion of Supervisor Madigan, seconded by Supervisor Lemke and
unanimously carried, the following action was taken:
I. Approved contract with local bidder, Ma#som and Isom, in an amount not to
exceed $1,000 for the Housing and Community Development program audit and the Chairman
was authorized to sign.
2. Adopted existing guidelines as relocation plan for Housing and Community
Development activities,
-1559 "RN "INTERIM ZONE PUT OVER AT TH15 TIME
"RN"(residential non-conforming zoning is proposed for residential properties
in South Oroville pending a proposal for permanent zoning currently under study by the
Planning Department, Put over one week.
~_ 156oACCEPT INCOME FOR WOMEN, INFANTS AND CHILDREN (WIC) PROGRAM & APPROVED
TY MONITORING SERVICES
On motion of Supervisor Winston, seconded by Supervisor Lemke and unanimously
carried, the following action was taken:
I. Accepted income in the amount of $3,445, for period of August I through
September 30, 1977 and for the period October I, 1977 through September 30, 1978 in the
amount of $20,613 for the Women, Enfants and Children (WIC) Program and authorized the
Chairman to sign con#raefs, which will require no matching county funds,
2, Approved contract for the 1977-78 fiscal year for Water quality monitoring
services with Robert L. Nevin to provide consulting engineer services for Paradise Pines Water
quality control required by the State Water Quality Control Board in the amount of $3,565
and the Chairman was authorized to sign.
- 7.567.DISCUSSION OF APPLICATION TO WATER QUALITY CONTROL BOARD FOR
SEPTAGE STUDY GRANT: HOWARD TOUSSAINT TO PREPARE GRANT
Howard Toussaint, Health Services Agency, explained the application to
Water Quality Control Board for septage study grant, The grant was turned down by the
Water Quality Control Board for the Chico plant. He stated the County apply for the
grant and ask them to study the Chico plant and o#her equaE plants. Mr. Toussaint said
he would like to request a grant of $20,000 for such a study; it must be in before September.
On motion of Supervisor Winston, seconded by Supervisor Lemke and unanimously
,rd Toussaint was authorized to prepare a grant for septage study as outline-e
- age 39T. - August 9, 1977
~~ ~
77?
15b?~PPROVE CHANGE ORDER FOR UPPER RIDGE FIRE STATION
On q~otion of Supervisor inston, seconded y Supervisor Lemke and
manimously carried, Contract Change Order No, i For Upper Ridge Fire Station in the
amount of 1:504 for additional electrical communication outlets was approved and the
~hairman authorized to sign.
563 APPROVE LIME TREATMENT FOR BENNETT ROAD FROM HAMILTON-NORD{ANA
fGHWAY AND RIVER ROAD FROM ORD FERRY ROAD
Plans and specifications have been comp eted for Time treating of Bennett Road
~m Hamilton-Nord{ana Highway to 1.3 miles west and River Read from Ord Perry flood to
ro miles north to be included in Project LT-Tl-I. Funding in FY 77-78.
On motion of Supervisor Madigan, seconded by Supervisor Winston and
nanimously carried, plans and specifications were approved, wage scale adopted, bid opening
set for 11:00 a.m. in the Public Work: oFfiae, August 25, 1977: and on River Road authorized
:aunty crews to construct concrete overfbw section from project funds and authorized
irojects to be sealcoated by County cres. ~ "River fioad grade will nat change from existing except
it Ballard Piece where property owner asks Board make change."
I PUBLIC WORKS ITEMS APPROVED
On motion of upervisor Lemke, seconded by Supervisor Madigan and
imously carried, the following action was taken:
I. Accepted the work of Robinson Construction Co., Inc for the reconstruction
Pearson Road from 0.04 mile east of Clark Road to 0.[6 mile west of Sawmill Road, authorized
airman to sign the Notice of Completion and instruction the clerk to record said Notice of
mpletion with County Recorder.
2. Approved change in Neal Read landfill fee schedule to rood as follows:
~fer station bins to pay cubic yard rate unless under contract with Butte County i.e.,
yin Morris.
3. Approved agreement with State for Oro Express ,senior citizen handicapped
;portation system, subject to fins! approval of County Counsel and Auditor and authorized
is Works to advertise far vendor to supply service.
4. Approved Eden Pines Su~bdivisiam final map, accepted Improvements and
oved commencement of one-year maintenance bond period.
5. Approved final map for Sunland Acres Subdivision ~3, 28 lots, north of
:cry Way, adjacent to SPRR right-of-way , Paradise.
6. Authorized refund request for a X20 refund fore Robert Marjama on a parcel
application which was rejected on AP 51-31-35.
55 REDUCE FEE: PARADISE EXPRESS SENIOR CITIZEN HANDICAPPED TAXI SYSTEM
Paradise Express senior citizen handicapped taxi system discussed. Resolution
n Paradise Municipal Advisory Council set out and discussed. Mr. Castleberry said that
rrts should be made to the senior citizens grant fo lower the patrons price. He said he
hed there was someway thas• the prise mould be lowered ro .65 for the patrons share. Grant
transportation discussed. Transportation Is the No. (priority for the elderly people.
Page 398.
August 9, 1977
/'`
n.
August 9 14_77_ _ _ _ _ _ _
p:,GC=CGC GG G•QO C C CCC~~ ~G~ ~~ -rte. ~~~ CC CC. ~~~~ T.
On motion of Supervisor Winston, seconded by Supervisor Lemke and
nanimously tarried, fare for the Paradise Express for senior citizen handicapped taxi rystem
ras reduced to .65 for the patrons share of the cost.
1566 FLOOD HAZARD BOUNDARY MAPS DISCUSSED
. Caste rry reported he had worked with Supervisor Winston on the flood
azard boundary maps. The maps will become effective in twu weeks if the Board does not
omment on them. Mr. Castleberry stated that no action was necessary today.
77t 1567 BRIDGE AT EL MONTE
~ Supervisor Madigan stated that if the County was not going 1o build the
bridge at EI Nbnte, the County should paint the line.
i68 WAIVE SECOND READING: ADOPT ORDINANCE 18.52
On motion of upervisor inston, secon e y pervisor Madigan and unanimously
irried, second reading of the ordinance establishing loan guidelines fior Public Works -
~velopment Loan Fund was waived, Ordinance 1852 was adopted and the Chairman authorized
sign. •--- •~ -
i69 APPROVE APPOINTMENT TO AGRICULTURAL ADVISORY COMMITTEE
On motion of Supervisor Lemke, seconded y Supervisor Madigan and
nanimously carried, Frank Stewart was appointed a member of the Agricultural Advisory
~mmi ttee .
PPOtNTMENTS TO SURFACE MINING AGGREGATE OPERATIONS
Appointments to surface mining aggregafe operations committee
,August 16, 1977.
PUT OVER
I
i
pur over to
APPOINTMENTS TO CWICO-BUTTE COUNTY CNAPMANTOWN HOUSING AND
1MUNITY DEVELOPMENT ADVISORY COMMITTEE: PUT OVER ONE WEEK
Appointments to Chico-Butte County Chapmantown tbusing and Community
Iopment Advisory Committee put over,one week.
APPROVE APPOINTMENT TO FISH AND GAME COMMISSIO
vn motion of Supervisor wnston, seconded by Supervisor Moseley and
~imously carried, Irving Pahl, Pine Oak Read, Oroville,• was appointed a member of
Fish and Game Commission, to fill the vacancy createtl Icy the death of Dr. Gene
idman . '
Supervisor Moseley moved for the appolntmeni of Bob Molquist, Oroville,
as a member of the Fish and Game Commission, Mr. Nickelson stated there was only
ne vacancy. He will research the matter;and;wil! report bock next weak.
77-1573 APPOINTMENT TO COMMITTEE ON COMMUNITY DEVELOPMENT ACCOUNT:
PUT OVE R O NE WEE K
ppointment to Committee on Community Development Account was put
aver one week. '
1574 APPROVE APPOINTMENT_TO SENIOR CITIZENS ADVISORY COUNCIL
On motion of 5upervfsor Win3ton,..seconded by Supervisor Moseley and
nanimously carried, Mrs; Jean Salazar, 5350 South Libby•Road, Paradise, was appointed
member of the Senior Citizens Advisory Counlcil.
Page .399.
' August 9, i977
;/,
August 9j 1977 _ _ _ _
~. C.` ~C C c C__ ___ ___... ___=a=L^ ACT. .:FO C~C~ ~~~
75 DISCUSSION OF CENTRAL VALLEY FLOOD CONTROL COUNCIL WATER STUDY
LICY: PUBLIC WORKS DIRECTOR TO SEND LETTER
Centro a ey Flood Contra Counci ater Study Policy discussed.
. Castleberry and Supervisor Madigan read a long policy on this matter. Central
Iley made several comments and eautians about rules being made in the Federal
sister. Mr. Castleberry and Supervisor Madigan believe the concern of this Association
I their comments should be sent to Congress Committee that are studying this policy.
On motion of Supervisor Madigan, seconded by Supervisor Lemke and
imously carried, Ciay Castleberry, Director of Public Works, was authorized to
a let#er concerning the above matter.
REVIEW OF POLICY AND PROCEDURE MANUAL: PUT OVER ONE WEEK
proceaure manual put over one
1577 MATTERS PRESENTED FOR BOARD CONSiDERATlON
A meeting wi he d on August ! , 1977 on P.G.B E's presentation of the
be Project; meeting to be held in5acramento. Supervisor Madigan felt That someone
hould attend this meeting. Chairman Richter stated he would try to attend the meeting.
Chairman Richter stated he hod a document that is a study of the coal plant
the mid-west which is very long. There are 500 pages to the document. He requested
rmission to have 4 or 5 copies made of the document. This relates to Michigan and .
is similar to our area. Board authorized him to have the copies made.
Supervisor Madigan requested the Board members to have their articles
6y next Friday evening in Susanville for presentation.
Chairman Richter stated that Supervisors Lemke and Winston were appointed
a committee to study the plans for the Chico Mental Health Building and to make
:ommendations on how the plans should go out to bid. They wil! meet with the Administrative
fiver and the Health Officer. Master to be placed back on the agenda far next week's
There being nothing further before the Board et this time, the meeting was
journed at 3:05 to reconvene on Tuesday, August 16, 1977 at 9:00 a.m.
1TTEST: CLARK A. NELSON, COUNTY CLERK
Y~ ~C. "r. ht~C~~.- ~ Chairman of Board- ~~~ ~~
er of t e and
Page 400.
August 9, 1977