Loading...
HomeMy WebLinkAboutM082978August 29, 1978 RECONVENED: The Board reconvened at 9:.DOaom.::pursuant to recess. Present: Supervisors Lemke, Madigan, Moseley, Richter and Chairman Winstono Clif Nickelson, administrative officer; Dan Blackstock, county counsel, by Jim Griffith, deputy county counsel; and Clark A. Nelson, county clerk, by Cathy Pitts, assistant clerk to the Board, Pledge of allegiance to the Flag of the United States of America Invocation by Supervisor Moseley 78-1648 APPROVAL OF MINUTES On motion of Supervisor Lemke, seconded by Supervisor Madigan and unanimously carried, the minutes of August 22, 1978 were approved as mailed. On motion of Supervisor Lemke, seconded by Supervisor Madigan and unanimously carried, the minutes of August 3, 1978, minute order 78-1455 were amended to reflect that the District Attorney was appointed to the County Justice System Advisory Group; the Advisory Group is empowered to perform its duties; the Board has agreed to review and consider their submission> 78-1649 DISCUSSION: PROPOSAL FOR ANIMAL CONTROL CONTRAGT Discussion of the groposa! to contract out the animal control functions of the county held at this time. Discussion open to the public. Appearing: 1. Dr, Glade Leavitt, representing North Valley Veterinary Medical Association. Ar.Leavitt stated that the Association is concerned about certain things in the proposed contract. He asked that the matter be delayed for a period of at least two weeks to give them a chance to meet with the committee and give input on the matter. Butte County for the last ten years has been in the top three counties in the state for rabies. Butte County has been used as a model county on non-human exposure. There are three lines of defense: (1) buffer between the wild animal vector; (2) vaccination of dog population; (3) Butte County Health Department and Animal Control Officers. There are regularly scheduled rabies clinic and between that and the veterinary offices 92% of the dog population in the county are vaccinated. The Association is concerned with the contract for the following reasons: (1) the Board is usurping their authority; (2) the Association questions whether the Health Officer in dealing with the private contractor can get the needed results; (3) the Association questions whether the veterinarians can work under the administrative wing of this group. 2. Jim Cook, BCEA. Mr. Cook stated that he would like to have the matter continued and be involved in the process. The contract is attrocious as far as the worming to protection of the county. It is an open ended contract. At the eleventh hour he was given the amended wording far the personnel that is still a gray areas The Board may be subsidizing a non-profit organization with CETA personnelo There are fifteen areas the Board should take a look at. Supervisor Lemke stated that the CETA Council approved four different agencies, non-profit organizations, for use of CETA personnelo The Department of Labor has said that 30% of the positions are to go to non-profit organizations. Mr, Cook stated that the problem they are fading is with the closing of the department there will be lay offs of employees. You cannot use CETA to fill full time positionso Page 226, August 29, 1978 August 29, 1975 3o Dick Steinberg, undersheriff, stated that he is not ready to address this matter at the present time. There are certain things that have come up in the interim that should consxitute a wait and see. 4, Phil Mace, attorney for Superior California Humane Society. Mr. Mace stated that the pages of the contract have been corrected, The licenses are to be issued at rates established by the County. There is an agreement to furnish rabies clinics. This has'.:changed from singular to plural. It is an opened ended obligation to supply rabies clinics. The language regarding interviewing and option for empbyment was rewritten to be consistent with the Board declaration, The employees concerns are -taken care of. He stated that there was added that if for some reason the Clark Road location was not able to meet their needs, that they would confer within 45 days to request an alternate site. The only likely area for sewage disposal was in the vicinity of the old dump site. This creates a problem with Counsel's legal description. They are hoping to take in enough area far the leach line. This would be to take in the entire upper rectangle which is between 20 and 30 acres. They would want to drill as far away from the cliff for water as possible. The starting date should be set for January 1, 1979.• With respect to the unincorporated area of the county the Clark Road site may well be the center point. The bulk of the unincorporated area is on the hill and one of the biggest dog areas. It was moved by Supervisor Richter, seconded by Supervisor Madigan that the matter be continued for two weeks. Mr. Mace stated that it may well be that two weeks will be so far into the future for establishing the program that the Society is obligated to look elsewhere, The negotiations to this point have brought us into the contract with the county personnel. They have been exposed to more scrutiny than any county program, He cannot say that the Society will lose interest in the contract proposal. They are preparing to travel to southern California with regard to other committments. Two weeks might put the Society in the position of not being able to go with the contract, Vote on the motion: AYES: Supervisors Lemke, Madigan, Moseley, Richter and Chairman Winston. 78-3.650 DISCUSSION: CASAMAJOR PROPERTY RE: REDONE OF MERIDIAN-MUNJAR AREA. Chairman Winston stated that when the Meridan-Munjar area was rezoned on May 16, 1978 the Casamajor property was referred back to the Planning Commission. Mr. Casamajor has been advised by the Planning staff it is going to be necessary to post $175 in fees and apply for the rezone. ', Supervisor Richter stated that his motion was to the effect that the Casamajor property was to be zoned. The Board was told that they could not change the original Planning Commission recommendation. The Planning Commission had not considered this property in the A-10 zoning. Bettye Blair, interim planning director, stated that she had discussed the matter at length with Mr. Casamajoro The property reverted back to the interim A-5 zoning. Even the agricultural zone would not accomplish what Mr. Casamajor is after. ', Supervisor Richter stated that Mro Casamajor could continue to use the airport because it is a nonconforming use. He had wanted the Planning Commission to consider a zoning compatible to the one just completed. Page 227, August 29, 1978 August 29, 1978 Planning Director instructed to take rezoning of Casamajor property back to the Planning Commission with the recommendation that they consider zoning and present a recommendation. 78-1651 PUBLIC HEARINGS: WALTER E. HENSLEY: ALBERT H. LINDQUIST: GRACE M. TURNEY: AND LYNN VAN LOAN - PETITIONS FOR VARIANCE TO SECTIONS 19-10 AND/OR 19-12 OF THE BUTTE COUNTY CODE FOR PLACEMENT OF A MOBILE HOME The public hearing on the following was held as advertised: 1. Walter Eo Hensley petition for variance to Sections 19-10 and/or 19-12 of the Butte County Code for placement of a mobile home at Box 2, Ord Ferry Stage, Chico, AP 39-27-31. Zoning: A-40. 2. Albert H. Lindquist petition for variance to Sections 19-10 and/or 19-12 of the Butte County Code for placement of a mobile home at 2760 Louis Avenue, Oroville, AP 27-09-24. Zoning: A-5. 3o Grace M. Turney 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 2366, Oroville, AP 25-16-14. Zoning.: A-2. 4. Lynn Van Loan petition for variance to Sections 19-10 and/or 19-12 of the Butte County Code for placement of a mobile home at 2611 Burnap Avenue, Chico, AP 44-26-27. Zoning: A-2. Lynn Vanhart, director of environmental health, stated that the Walter E, Hensley and Albert H. Lindquist petitions had been placed on the agenda be mistake. These do not require a public hearing. They are renewals. They are in order. On oration of Supervisor Richter, seconded by Supervisor Moseley and unanimously carried, the following were approved for a period of one year: ', 1. Walter E. Hensley petition for variance to Sections 19-10 and/or 19-12 of the Butte County Code for placement of a mobile home at Box 2, Ord Ferry Stage, Chico, AP 39-27-31. Zoningo A-40. 2. Albert H. Lindquist petition for variance to Sections 19-10 and/or 19-12 of the Butte County Code for placement of a mobile home at 2760 Louis Avenue, Oroville, AP 27-09-24. Zoning: A-5. Mr. Vanhart stated that the Grace M. Turney and Lynn Van Loan petitions were in order. Hearing open to the public. Appearing: No-•:nne. Hearing closed to the public and confined to the Board. On motion of Supervisor Moseley, seconded by Supervisor Madigan and .unanimously carried, the following were approved for a period of one year: 1. Grace M. Turney petition for variance to Section 19-10 and/or 19-12 of the Butte County Code for .placement of a mobile home at Route 2, Box 2366, Oroville, AP 25-16-14. Zoning: A-2. 2, Lynn Van Loan petition for variance to Sections 19-10 and/or 19-12 of the Butte County Code fox placement of a mobile home at 2611 Burnap Avenue, Chico, AP 44-26-27. Zoning: A-2. Page 2280 August 29, 1978 ', August 29, 1978 78-1652 ADOPT ORDINANCES 1959, 1960 & 1961sT PUBLIC HEARING: ,TORN D. DRAKE PROPOSED NEGATIVE DECLARATION AND REZONE FROM "A-2" (GENERAL) TO "R-1" (SINGLE FAMILY RESIDENTIAL), R-2" (DUPLEX RESIDENTIAL) AND "R-3" (MEDIUM DENSITY RESIDENTIAL) PROPERTY LOCATED ON THE EAST SIDE OF STATE HIGHWAY 99, APPROX, 630 FEET NORTH OF LASSEN AVENUE CONTAINING 42 ACRES, MORE OR LESS, CHICO. The public hearing on the Sohn D. Drake proposed negative declaration and rezone from "A-2" (general) to "R-1" (single family residential), "R-2" (duplex residential) and "R-3" (medium density residential) property located on the east side of State Highway 99, approximately 630 feet north of Lassen Avenue containing 42 acres, more or less, Chico was held as advertised. Earl Nelson, environmental review director, set out the background of the negative declaration checklist. The project is related to a subdivision map that is already approved. The map was approved on a conditional negative declaration. The zoning has followed to bring it into line. A negative declaration has been recommended. Bettye Blair, interim planning director, set out the background of the rezone. This is an attemgt by staff to try and get specific land use zoning. This would bring the unclassified zoning into conformance with the general plan. The map was conditioned that Mr. Drake make application and pursue zoning. 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 Moseley and unanimously carried, on the basis of this initial evaluation finding the proposed project could not have a significant effect on the environ- ment, and a negative declaration was recommended9 noting the project is consistent with the general plan. On motion of Supervisor Richter, seconded by Supervisor Madigan and unanimously carried, the rezone from "A-2" (general) to "R-1" (single family residential), "R-2" (duplex residential) and "R-3" {medium density residential) property located on the east side of State Highway 99, approximately 630 feet north of Lassen Avenue containing 42 acres, more or less, Chico was approved, noting there is a negative declaration that has been adopted and that the project is consistent with the general plan; the following ordinances were adopted and ,the Chairman authorized to sign: Ordinance 1959 - zoning a portion of the County "R-1" Ordinance 1960 - zoning a portion of the County "R-2" Ordinance 1961 - zoning a portion of the County "R-3" 78-1653 ADOPT ORDINANCE 1962: WAIVE. SECOND READING OF ORDINANCE ADDING ARTICLE IV CHAPTER 15 RELATIVE TO TOPLESS DANCING Sheriff Gillick stated that the ordinance has received a great deal of publicity. He felt that there was no reason for a topless club in this county, The county has standards to meet, Since Mr. praiser has had the Del Mar Club there have been no calls. If Mr, Fraiser had came and talked to him he would have told him not to put in topless dancing. During the construction of the Oroville Dam there was trouble with topless dancing. Sheriff Gillick took the City of Oroville and Sutter County ordinances to Counsel and asked him to draw up an ordinance. His experience has been that with'~,any thing of this type there are problems to law enforcement. There is a tendency for certain people to come to these types of places.. Sutter County has a similar ordinanceo Chico is a university town. The university is within a stone's throw Page 229. August 29, 1978 August 29, 1978 of the Del Mar. Club. He has T never seen a topless club yet that did not start holding amateur contests. The Del Mar Club is making money and it ', will not be the only topless club in the area. He urged the Board to pass the ordinance. - Paul Fraiser, owner of Del Mar Club, stated that the Sheriff's Office had inspected the bar and the motel. He asked that the Board postpone their decision until next week. It was originally his idea to have topless dancing one day per week. The response has been so heavy that he has been forced to increase the days. Over the weekend he had three bands scheduled and turned away over 250 people, The ordinance leaves Butte County wide open to topless dancing. If the Board is going to ban topless dancing it should be everywhere. ', It was moved by Supervisor Richter, seconded by Supervisor Moseley that the second reading of the ordnance be waived and the ordinance be adopted; with the prohibition in theatres and concert halls. Aiscussion of motion held at this time, Supervisor Lemke stated that Mr. Fraiser had just brought up an interesting point. If the ordinance is going to prohibit topless dancing in bars and allow somewhere else, this is not rights It should also be banned in concert halls and theatres. Sheriff Gillick stated that if the Board wanted to include concert halls and theatres in the ordinance he did not object. There is a different clientele and there is no alcohol served. Supervisor Lemke stated that if theatres were included then R and X rated films could not be shown. How far is the county going to take this matter? There could be a problem with constitutional rights. Motion withdrawn. On motion of Supervisor Madigan, seconded by Supervisor Moseley and unanimously carried, the second reading of the ordinance adding Article IV, Chapter 15 relative to topless dancing was waived. On motion of Supervisor Madigan, seconded by Supervisor Moseley and carried, Ordinance 1962 adding Article IV, Chapter 15 relative to topless dancing was adopted and the Chairman authorized to signo AYESa Supervisors Madigan, Moseley, Richter and Chairman Winston. NOESe Supervisor Lemke 78-1654 ADOPT ORDINACE 1963a PUBLIC HEARING: RAY DELZELL - PROPOSED NEGATIVE DECLARATION AND REZONE FROM "SR-1" (SUBURBAN RESIDENT]AL, ONE ACRE PARCEL) TO "C-1" (LIGHT COMMERCIAL) PROPERTY LOCATED ON THE WEST SIDE OF MUIR AVENUE, APPROX. 400 FEET NORTH Ol STATE HIGHWAY 32, IDENTIFIED AS AP 42-30-18 (PORTION),_C_OI3TAINING 0,60 ACRES, MORE OR=t LESS, CHICO. The public hearing on the Ray Delzell proposed negative declaration and rezone from "SR-1" (suburban residential, one acre parcel) to "C-1" (light commercial) property located on the west side of Muir Avenue, approximately 400 feet north, of State Highway 32, identified as AP 42-30-18 (portion), containing 0.60 acres, more or less, Chico was held as advertised. Earl Nelson, environmental review director, set out the background of the negative declaration. This project involves a rezone that came before the Planning Commission last year for a portion of the property, Mr. Delzell ,now wants the entire parcel zoned G-2. It would be added to the existing C-2 portion that has been approved,, A negative declaration was adopted at the time of the zoning. The impacts are the same. He recouunended a negative declaration. Page 230, August 29~ 1978 August 29, 1978 Bettye Blair, interim planning director, set out the background of the rezone. After Mr. Delzell tried to split the property, the remaining property did not yeild one acre in SR-1:. This zoning is for C-1. ', Hearing 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, finding the proposed project could not have a significant effect on the environ- meet, a negative declaration was recommended. On motion of Supervisor Moseley, seconded by Supervisor Richter and unanimously carried, the rezone from "SR-1" (suburban residential, one acre parcel) to "C-1" (light commercial) property located on the west side of Muir Avenue, approximately 400 feet north of State Highway 32, identified as AP 42-30-18 (portion), containing 0.60 acres, more or less, Chico was approved with the findings that it is consistent with the general plan; Ordinance 1963 was adopted and the Chairman authorized to sign. 78-1655 ADOPT ORDINANCE 1964: PUBLIC HEARING: DIAMOND INTERNATION CORP. - PROPOSED NEGATIVE DECLARATION AND REZONE FROM "TM-40" (TIMBER MOUNTAIN, 40 ACRE PARCELS) TO "TM-20" (TIMBER MOUNTAIN, 20 ACRE PARCELS) PROPERTY LOCATED APPROXIMATELY ]/4 MILE SOUTH OF FOREST SERVICE ROAD NO, N234, APPROX. 1/4 MILE NORTH OF LYNCH MEADOWS ROAD, APPROX. 1-1/2 MELES EAST OF CONCOW ROAD, IDENTIFIED AS AP 58-03-02 (PORTION) CONTAINING 20 ACRES, MORE OR LESS, NORTH OF OROEIILLE The public hearing on the Diamond International Corporation proposed negative declaration and rezone from "TM-40" (timber mountain, 40 acre parcels) to "TM-20" (timber mountain, 20 acre parcels) property located approximately 1/4 mile south of Forest Service Road No. N234, approximately 1/4 mile north of Lynch Meadows Road, approximately 1-1/2 miles east of Concow Road, identified as AP 58-03-02 (portion) containing 20 acres, more or less, north of Oroville was held as .advertised, Earl Nelson, environmental review director, set out the background of the proposed negative declaration. The property is located in the commercial timber land east of Paradise. There is a mixture of ownershipo The timber company and the landowner would like to separate that. This would result in one 20 acre parcel. This would not be a significant change. Bettye Blair, interim planning director, set out the background of the rezoned Diamond International has the timber rights on the parcel and want clear claim to 140 acres. They are going to request the property be placed in TPZ if the 140 acres are clear. The landowner would hold clear title on the s.20 acres. 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 Moseley and unanimously carried, on the basis of this initial evaluation, finding the proposed project could not have a significant effect on the environ- ment a negative declaration was recommended. On motion of Supervisor Lemke, seconded by Supervisor Madigan and unanimously carried, the rezone from "TM-40" to "TM-20" for property Page 231. August 29, 1978 August 29, 1978 located approximately 1/4 mile south of Forest Service Raad No. N234, approximately 1/4 mile north of Lynch Meadows Road, approximately 1-1/2 miles east of Concow Road, identified as AP 58-03-02 (portion) containing 20 acres, more or less, north of Oroville was approved with. the findings that it is consistent with the general plan; Ordinance 1964 was adopted and the Chairman authorized to sign. RECESS: 10:10 a.m. RECONVENE: 10:20 a.m, 78-1656 PUBLTC HEARING: ROEERT J. SMITH - APPEAL OF CONDITION ~/1 TO A TENTATIVE PARCEL MAP, AP 41-20-50, NORTH SIDE OF SHIPPEE.ROAD, SOUTH SIDE OF OROVILLE-CHICO HIGHWAY, EAST OF IiIGHWAY 99E, NELSON. ' The public hearing on the Rober J. Smith appeal of condition ~~l to a ..tentative parcel map, AP 41-20-50, north side of Shippee Road, south side of Oroville-Chico Highway, east of Highway 99E, Nelsen was held at this time. Clay Castleberry, public works director, set out the background of the appeal. There is some I80 acresialong Shippee Road east of Hwy. 99. The map is for eight twenty acre parcels. The condition that is being appealed is the condition to apply for and pursue zoning. Bettye Blair, interim planning director, stated that this was a mitigation measure. It is an attempt to establish density. It is apen end grazing land. This is A-2 zoning. The Committee was of the opinion that 20 acre parcels were not environmentally unsound. It was felt that he should pursue zoning. Supervisor Richter stated that one acre parcels could be considered. He felt it would have been more appropriate for the committee to have turned down the parcel split until such time as the property was zoned. Mrs. Blair stated that the committee had made the condition that he pursue zoning. This is the only way to approach unless the Board directs differently. Hearing open to the public. Appearing: Robert J. Smith. Mr. Smith stated that this parcel fronts on Shippee Road. A11 of the parcels divided would have over 400 to 500 feet of frontage. It is not agricultural. It is considered grazing. It is not even feasible for grazing. It is a rock hill. With open zoning he did not feel the condition should be put on the parcel split. If someone wanted to buy the parcel and split it they should be able to do so. Hearing closed to the public and confirn d to the Board. On motion of Supervisor Richter, seconded by Supervisor Madigan and unanimously carried, the appeal was denied. 78-1657 POLICY:. NO DIVISIONS TO BE ALLOWED TN A-2 ZONE WITHOUT REQUIRING ZONING CONSISTENT WITH GENERAL PLAN It was moved by Supervisor Richter, seconded by Supervisor Madigan that this Board as a matter of policy not allow divisions in the A-2 zone without requiring zoning consistent with. tine-general plan, Bettye Blair, interim planning director, stated that the implications are pretty wide in as much as 1/3 of the county is in A-2 zoning, She championed the thought behind the motion. It might be the pressure point to straighten out some of the points we are trying to combat and not successfully in may caseso There are cases where there will be a four-parcel split that comes in for a four-parcel split with Page 232. August 29, 1978 August 29, 1978 no euYi~tmental impact reporto This has a pyramiding effect and ends up with one acre parcels... Discussion of posible delays being created by this golicy held at this time. Chairman Winston questioned Mrs. Blair regarding Mr. Drakes rezone. Mrs. Blair stated that had the rezoning application moved forward more expeditiously he would have had the rezone before the map was approved. Chairman Winston was concerned that the county will be adding another layer on the people trying to_divide property, Supervisor Lemke felt that this problem could be handled without ', additional steps for the developer, He asked that the Board hold off on this matter until after they have gone through the land development ', reorganization. Vote on motion; AYES.: Supervisor Madigan, Richter and Chairman Winston NOES: Supervisors Lemke and Moseley Motion carried, 78-1658 PUBLIC HEARING: BUTTE COUNTY PLANNING COMMISSION - PROPOSED GENERAL PLAN CHANGE FROM "TIMBER MOUNTAINOUS TERRAIN" TO "INAUSTRIALt' PROPERTY LOCATED ON THE SOUTHWEST CORNER OF ROBINSON MILL ROAD AND LA PORTE ROAD, CONTAINING_APPROX. ONE ACRE, EAST OF OROVILLE The public hearing on~the Butte County Planning Con~ission proposed general plan change fram "timber mountainous terain" to "industrial" property located on the southwest corner of Robinson Mi11 Road and LaPorte Road, containing approximately one acre, east of Oroville was held as advertised. Earl Nelson, environmental review director, set out the background of the negative declaration. The operation would not constitute a significant effect on the environment. If the project fiad come to the department before the use was undertaken the project would have had to be analysed from what could be adverse from the change. There is no doubt that an EIR would have been required. The changes have occurred, The impacts are relatively minor because it is a small operation, This could be precedent setting as beginning of an industrial use in a previously undeveloped agricultural .a€ea. Even denial of the project would not bring back the property to the natural environment. A negative declaration was recommended. Supervisor Richter asked if Mr. Nelson was saying that in effect that this proms ct far whatever;-reasons was put in place without any review and therefore since it is there you are saying there will be no adverse effects. Whatever adverse impacts that might have been, if any, have been created and are there. He asked if someone else were capable of putting in a much larger operation that was of an industrial type of land use would he take the same position. Mr. Nelson stated that the evaluation he applied would be the same as for any project. He locks at the existing application and how it would affect the environment. If the problems created could be xestored by abatement he might suggest this possiblity. There are situations involving grading and tree removal where if the project comes in there is no contral. This is a major loop hole in the environmental process. Bettye Blair, interim planning director, stated that the Board had received staff findings dated Ma 15, 1978. The Board should consider Page 233. August 29, 1978 ~,_ --~_, August 29, 1978 the location of the site to available services. They should also consider the environmental impacts the project will have~on the surrounding area in the future. The amendment was requested to accommodate established industrial use. This is an isolated instance. If in fact, as pointed out in the environmental determination, the development happens and then there is a backing into and amending policy and goals to accomodate instances do you have a general plan. The general plan is suppose to be a guide, The surrounding area must be looked at, There is no provision in timber mountain for industrial siteso If the general plan is that far in error the Board should take a look at all potential locations instead of backing into the situation. The county has to depend on the general plan. It needs a great deal of review in some areas. Supervisor Richter asked if the Board approves this does ', Mrs. Blair feel as if the Board is ignoring the general plan? Mrs. Blair stated that is how she felt. She is not familiar with the abatement process. She is not sure how to accomplish this. Hearing open to the public. Appearing: 1. Jim Arnold, owner of Feather River Manufacturing. Mr. Arnlod asked if there would be a need for a change in the general plan if the Board approves a coal fired plant. Supervisor Richter stated that there is a provision that provides that in cases of public utility there is different consideration. Mr. Arnold stated that a year ago he employeed 25 people and today he employs two people. Twenty three are unemployed. The property is impossible to farm. The building was put in originally as an agricultural building. The business is in existence. It has been in productiono He did not know how you could support twenty five familes on five acres in Bangor any other way. He asked that the Board approve the general plan change. 2. Nancy Latin. Ms. Latin stated that she was in favor of the general plan change. 3. Michael Malick. Mro Malick stated that it will be a real blow to the .,people that work at the company to lose employment and will defeat the purpose that he came to Bangor if the change is not approved. ', Agricultural land cannot be supported in that area unless you have in the neighborhood of thousands of acres to do so. There is apparently no provision to allow a highest and best use for the land. There is less noise and looks better than the average farm. There is a chance for more people to be able to work with the plant, He felt that decentral- ization of manufacturing is essential to the county. ~. Bertha Ermitinger. Ms. Ermitinger stated that she was in favor of the general plan change. She felt that Mr. Arnold could put in a lot worse thing than the plant. 5. William Overstreet. Mr. Overstreet stated that he was in favor of the general plan change. 6. Margaret Fowler. Ms. Fowler stated that she saw no reason the change should be denied. 7. Morris Gonzales. Mr. Gonzales stated that he has never heard any noise and there is no smoke. He was in favor of the general plan change. ', Page 23~r. August 29, 1978 August 29, 1978 J ~ 8. Dr, Cummings. Dr. Cummings was in favor of the general plan change. 9. Kathy Foster. Ms. Foster spoke against the general plan change. She would like to see the Board make a decision on this matter. Z0. Jim Pennix. Mr. Pennix stated that he was against the general plan change. If there were some way for Mr, Arnold to have his shop without the zone change it would be all right with him. He set out the characteristics of industrial as shown in the general plan. 11. Charles Z. Brooks. Mr. Brooks was against the general plan change. This is good agricultural land. 12. James Hillis. Mr. Hillis marked on the calendar days that he was annoyed by noise: Mr. Hillis stated that he went down to the Plannmaig Commission before the building was erected and objected to it. Mr. Arnold told him what he wanted to do, Mr. Hillis examined the concrete form and it is sufficient for an iron work equipment shop. Mr. Hillis read a letter from Donna Miller at this time. Mr. Hillis stated that he was a superintendent for Kaiser Steel. At times the plant was quiet and at other times it was necessary to wear ear plugs. He stated that Mr. Arnold had told him at the time the building was erected that he planned to put in a machine shop. He has written to the Attorney General and the District Attorney regarding this matter. Supervisor Moseley stated that when she went to the location there was very little noise. She saw a great deal of big machines. There was a barn full of antiques, buggies and wagons. She also saw horses and cattle. Mr. Hillis stated that Mr. Arnold had told him that he was moving his shop from Gridley to Bangor. 13. Mrs. Arnold. Mrs. Arnold spoke in rebuttal to Mr. Hillis' comments. The shop was originally intended as a shop for working on buggies and farm equipment. It was that type of machine shop, if at a11. He had no intention of starting a business at that time. He has looked forward to retirement. There is noise from farm equipment that Mr. Hillis hears. This noise in going to continue. They have gone to a great deal of time and effort to make the business legal. They are not trying to do anything311ega1. They are not wanting to enlarge their business. Supervisor Richter questioned Mr. Hillis regarding his statements regarding what Mr. Arnold had told him. Mr. Hillis stated that he talked with Mr. Arnold on a sunny and warm day. He told him that he was going to develop this place, He had a shop in Gridley. He told Mxo Hillis that he was building a machine shop here and was going to provide work for the people who do not have it. He was going to move his machine shop to Bangor. This conversation took place in 1976. Mr. Arnold stated that he started the building in October, 1975. He went to the Planning Commission and explained that the building was for agriculture and working on heavy equipment, He was advised that for an agricultural building and barn there was no permit necessary. He went to PG&E and they put in the electrical, He did not recall having the conversation with Mr. Hillis. He had hay and heavy equipment in the building after it was constructed. He was working on his own Page 235. • August 29, 1978 August 29, 1978 farm equipment. He began to employcY people in March, 1976, Mr. Pennix stated that if the Board does not stop the. use now they will not be able to. Mr. Brooks felt that the plant was very harmfulo Mr. Pennix stated that he bought his property in 1975 and thought that the building was a barn. In February, 1976 the building was a hay stack. In October, 1976 there was a hay stack in back. In November it was a machine shop. Mr. Overstreet stated that none of the people in the neighborhood objected to the plant. 'Mrs, Foster stated that she was working in Oroville and had to pass the building every day. She did not know when the change came about. Hearing closed to the public and confined to the Board. It was moved by Supervisor Moseley,. seconded by Supervisor Lemke on the basis of this initial evaluation, finding the proposed project could not have a signficant effect on the environment, a negative declaration be recommended. Supervisor Richter stated that he would like to make a decision on the change. To argue the use is there is flawed. He felt that he did not have all the facts on the environmental problems. Mr. Nelson stated that the physical changes occurred when the building was built, Denial of the use of the building would not restore the enviroxssnent to its previous place. The level of operations is not thought to be significant. Vote on motions AYES:' Supervisors Lemke, Madigan, Moseley, Richter and Chairman Winston Motion carrieso Chairman Winston stated-that the property is a beautiful piece of real estate. It is an improvements The bad part would be if the county breaks down the zoning in Bangor under these conditions then there should be a motion to ab07~ish every bit of zoning in Butte Countyo Supervisor Lemke stated that he was under the impression that the Arnolds were told that a possible solution was to seek a general plan change. The Board has given him permission to invite members of the Nine Northern Counties to seek legislation changing the general plan from mandated law status to the original thoughts. He felt the Arnolds should not have been told to go through the motion of seeking a general plan change if it was not going to be approved. Supervisor Richter stated that he never voted to allow development activity in violation of the general plena He made the recommendation that Mr. Arnold seek a general plan change but he did not commit himself to vote for that change. He wanted him to have his day in courto The reason the amendment came before the Board is because the activity was illegal. The general plan process was to determine if the Planning Commission and the Board would take steps to make it legal. There are Page 236. August 29, 1978 August 29, 1978 many things to consider, He has come to the conclusion with difficulty that he cannot support the general plan change as it would be a precedent to destroying- zoning, It was moved by Supervisor Moseley seconded by SuFe rvisor Lemke that the general plan change be approved as it is consistent with the written policy as set forth in the general plan. AYES: Supervisors Lemke and Moseley, NOES: Supervisor Madigan, Richter and Chairman Winston, Motion fails, RECESS: 12:30 p.m. RECONVENE: 1:45 p.m. 78-1659 PUBLIC HEARING: PAUL A, LUDO APPEAL CONDITION REQUIRING 60-FOOT ACCESS ON CERTIFICATE OF COMPLIANCE ON AP 71-22-16, PORTION OF LOT 2 AND LOT 37 SOUTHWEST 1/4 OF SECTION 33 T20N R6E ENTERPRISE AREA The public hearing on the Paul Ao Lupo appeal of condition requiring 60-foot access on certificate of compliance on AP 71-22-16, portion of Lot 2 and Lot 37, southwest 1/4 of Section 33, T20N, R6E, Enterprise area was held as continued. Clay Castleberry, public works director, set out the background of the appeal. The access to the property is on Ponderosa-Way which is not a county road. There are no rights-of-way on the road. If the condition is upheld the people should get together and get rights-of-way to the road to provide two-way traversable access, It is almost impossible for one person to do. Hearing open to the public. Appearing: Paul Lupo. Mr. Lupo stated that it is several miles to the Forbestown Road. He can do nothing with the property. The road goes through Forest Service property. He did not know how he could get access on that propertye He bought the property in 1965 and 1966. It is .five acres. He had been advised by a real estate person that he had to get a certificate of compliance before the property could be listed for sale. Mr. Castleberry stated that often the Forest Service will offer the right-of-way to the county if they would maintain the road. He did not feel that they would offer this to an individual. There have been many parcels created in this area. Mr. Lupo stated that a number of years ago there was going to be a road replacing the road in Enterprise to the dam. It is only a mile from the Enterprise Bridge. Mr. Castleberry stated that there was nothing in the plans for the county to participate in a road in that area. There is no year around access. Chairman Winston stated that all the property owners have to get together and get with the Forest Service to work out the rights-of-way, It is difficult but it can be done. Hearing closed to the public and confire d to the Board. Mr. Castleberry stated that he would help Mr, Lupo with the names of the owners in the area and help him with the pro3ect as much as he can. On motion of Supervisor Richter, seconded by Supervisor Madigan and unanimously carried, the appeal was denilied. Page 237. August 29, 1978 August 29, 1978 78-1bb0.PUBLTC. HEARING 1978-79 COMMUNITY DEVELOPMENT BLOCK GRANT APPLICATION FOR $450.000 The public hearing for the 1978-79 Community Development Block Grant application for $450,000 was held as advertised. Larry Brooks, administrative analyst, stated that this is one of two"public hearings required for the final application. It is the same as the preapplication for the projects in Chapmantown and Chico and E1 Medio and Oroville. Hearing open to the public. Appearing: No one. Hearing closed to the public and confined to the Board. No action necessary at this time> 78-1661 AUTHORIZE EXTENSION OF TIME FOR FILING PARCEL MAP FOR JOHN HASSLER, AP 71-01-63, THREE LOTS,, WEST SIDE OF OROVILLE-QUINCY HIGHFIAY, APPROX. 1/2 MILE NORTH OF FORMAN _C_TiEEK ROAD, NORTHEAST OF OROVILLE On motion: of Supervisor Lemke, seconded by Supervisor Moseley and unanimously carried, an extension of time for filing a parcel map for John Hassler, AP 71-01-63, three lots, west side of Oroville-Quincy Highway, approximately 1/2 mile north of Foreman Creek Road, northeast of Oroville was authorized subject to approval by Counsel. 78-1662 WAIVE FIRST READING OF SALARY ORDINANCE AMENDMENT WHICH REORGANIZES COMPUTER OPERATOR CLASS SERIES C~n motion of ;Supervisor Lemke, seconded by Supervisor Madigan and unanimously carried, the first reading of the salary ordinance amend- ment which reorganizes computer operator class series was waived, 78-1663 ACCEPT RECOMMENDATION OF CETAC: APPROVE ANNUAL PLANS FOR CETA TITLES I~ II, III YET, III YCCIP AND_VI 1 On motion of Supervisor Lemke, seconded by Supervisor Madigan and unanimously carried, the recommendation of CETAC was accepted; the annual plans for CETA Titles I, II, III YET, III YCCIP and VI were approved and the Director authorized to sign. 78-1664 APPROVE MODIFICATION OF WORK SITE AGREEMENTS BETWEEN CETA WORK SITES AND THE COUNTY CETA OFFICE BY ADDING LANGUAGE CONCERNING COMPREHENSIVE GENERAL LIABILITY INSURANCE COVERAGE On motion of Supervisor Lemke, seconded by Supervisor Madigan and unanimously carried, the modification of work site agreements between CETA work sites and the county CETA Office by adding language concerning comprehensive general liability insurnace coverage was-~approvad. 78-1665APPROVE MERIT INCREASE FOR ENVIRONMENTAL REVIEW DIRECTOR On motion of Supervisor Richter, seconded by Supervisor Lemke and unanimously carried, the merit increase for the Environmental Review Director was approved. 78-1666 AUTHORIZE ADMINISTRATIVE OFFICER TO APPROVE CHANGE iN CLASSIFICATIONS WHERE THEEE IS EITHER/OR LISTED IN SALARY ORDINANCE IN ANY DEPARTMENT Clif Nickelson, administrative officer, stated that he had sent a memo to the Board relative to the implementation of the Board`s policy related to filling of vacant positions and promotions in grade for positions in the salary ordinance with an either/or classification. Any time that those have come up they have been under administrative review and have not be filled. This is causing considerable problems in the departments. As long as these positions are under administrative review the county runs into the problems of employees who are being worked out of their classification. This could create problems with BCEA in the futuree Page.238.~ August 29, 1978 August 29, 1978 On motion of Supervisor Richter, seconded by Supervisor Lemke and unanimously carried, the Administrative Officer was authorized .to approve promotions in either/or classifications for any department in the salary ordinance classifications. 78-1667 AUTHORIZE PURCHASE OF COMPRESSOR AND MOTOR FOR 20-TON AIR CONDITIONING UNIT - CHICO HEALTH DEPARTMENT ', On motion of Supervisor Lemke, seconded by Supervisor Madigan and unanimously carried, the purchase of compressor and motor for 20-ton air conditioning unit for the Chico Health Department with. the cost including ', installation not to exceed $5,000, 78-1668 AUTHORIZE MINOR REMODELING - DATA PROCESSING On motion of Supervisor Madigan, seconded by Supervisor Lemke and carried, minor remodeling which includes carpets, partitions and relocation of some equipment for the Data Processing Department was approved and appropriation of $4,320 was allocated, AYES: Supervisors Lemke, Madigan, Moseley and Chairman Winstono NOES: Supervisor Richter 78-1669 DISCUSSION: CONTRACT WITH REGION C CRIMINAL JUSTICE PLANNING BOARD FOR COUNTY JUSTICE SYSTEM SUBVENTION PROGRAM UNDER AB 90 C1if Nickelson, administrative officer, stated that there are a couple of problems. This is the contract with Region C for development of an application under AS 90 to start getting reimbursements back to July 1, 1978. After several members of the advisory group came to the conclusion the contxact should be scaled down considerably from the $1T~000 to $2,000 a meetiag with Mr. Cassagrade was held. The first contract or phase of the contract would be to get in the original application that has to be in by September 30, 1978 with the intent to be able to take advantage of AB 3121 costs from previous year. This gives the county a start. Howard Casagrande stated that he felt that the requirements concerning the contract can be worked out with Counsel and the Administrative Office. The minimum contract would be about $12,p00 with, $2,000 for the first or second month, Those are the features that have to be in the ', contract. The money in Region C budget is from federal money for federal programs. The other problem is that there is a need to have the other ', members of the advisory group named. Mr. Nickelson stated that he is not prepared at this time to recommend that the county enter into a contract for anywhere from $12,000 to $17,000. There is a serious question concerning employee employer relationship. The county may not be able to use Mr. Casagrande as was originally conceived. The county may end up in a position of having to hire someone just to operate the AB 90 program. This could happen if the county cannot convince the state that the county can use AB 90 monies to transition CETA workers into regular programs. Mr. Casagrande stated that he has been working in good faith without a contract. He has just had word that the county cannot transition CETA employees. Mr. Nickelson and Mr. Casagrande to meet and come back this afternoon regarding the contract. 78-1670 APPOINTMENTS TO COUNTY JUSTICE SYSTEM SUBVENTION PROGRAM ADVISORY COMMITTEE On motion of Supervisor Winston, seconded by Supervisor Richter and unanimously carried, Donald Duffus was appointed as a member of the County Justice System Subvention Program Advisory Committeeo Page 239, August 29, 1978 August 29, 1978 On oration of Supervisor Zemke, seconded^by Supervisor Richter and unanimously carried, Louie Ricci was appointed as a member of the County Justice System Subvention Program Advisory Committee. Administrative Officer was appointed as the contact person for the Board of Supervisors. 78-1671 DISCUSSION: CORONER CASE REMOVALS Discussion of Coroner case removals held at this time. Tt was felt that a committee should meet with the funeral director association. Supervisor Richter appointed as Board member to meet with the association,' 78-1672 APPROVED BUDGET TRANSFER On motion of Supervisor Madigan, seconded by ,Supervisor Moseley and unanimously carried, the following budget transfer was approved: B-IO Community Action Pry 1978 Grant Year. This is a $26,827 transfer to set up an appropriation for the EOC 1977 carry-over funds. The transfer is within the 10% flexibility of Community Services Administration guidelines which was approved by the Board on July 25, 1978. The transfer includes $15,846 in federal revenue funds and $10,981 within various programs. 78-1673 ADDITIONAL MATTER PRESENTED BY ADMINISTRATIVE OFFICER Clif Nickelson, administrative officer, stated that his office is most unclear relative to Board's policy on county vehicles and parking said vehicles. To be discussed during budget session. 78-1674 APPROVE CONTRACT FOR SERVICE WITH CONNERLY & ASSOCIATES TO PREPARE 1978-79 COMMUNITY DEVELOPMENT BLOCK GRANT APPLICATION FOR A FEE OF $2,000 On motion of Supervisor Richter, seconded by Supervisor Madigan and unanimously carried, the contract for service with Connerly & Associates to prepare 1978-79 Community Development Block Grant application for a fee of $2,000 was approved and the Administrative Officer authorized to execute said contract. 78-1675 AUTHORIZT PAYMENT FOR.OFFIGE SPACE IN PARADISE FOR EOC On motion of Supervisor Moseley, seconded by Supervisor Richter and unanimously carried, monthly payments in the amount of $225 for EOC office space at 691 Fir Street, Paradise was authorized until amendments to the renewal lease agreement has been prepared by County Counsel, 78-1676 APPROVE AMENDMENT TO 208 GRANT - PARADISE SEWER STUDY CONTRACT On motion of Supervisor Lemke, seconded by Supervisor Madigan and unanimously carried, an amendment to the Paradise sewer study 208 grant contract was approved, 78-.1677 APPROVE PAYMENT OF CLAIMS HELD FOR SAFETY DEPOSIT BOX LTSTTNGS FOR JULY AND AUGUST Carl Morton, Treasurer-Tax Collector, stated that he does not have the agreements from Counsel's Office as yet. He would like authorization to pay the July and August claims at this time. On motion of Supervisor Lemke, seconded by Supervisor Madigan and unanimously carried, payment. of claims for safety deposit box listings held for July and. August wes approved. Page 240, August 29, 1978 Avgust 29, 1978 78-1678 APPROVE PUBLIC WORKS ITEMS On motion of Supervisor Richter, seconded by Supervisor Madigan -and unanimously earried, the following Public Works items were approved: 1. .Authorized refund o£ boundary line modification fees in the amount of $50 to William 0. Nichols for AP 34-11-31 and 32, 2. Approve contract amendment to the Oroville Express contract for Palermo service with payment to the Oroville Bus Lines in the amount of $15 per one-way trip. 3. Approved agreement for sale; authorized Chairman to sign; and authorized Auditor ti~_ issue warrant upon demand of county's escrow agent on the following: Skyway FAS Y 742(1) Schmidbauer et al 0.282 $212 -0- $212 4. Adopted Resolution 78-151 for summary abandonment of a portion of Concow Road no longer needed for road purposes and authorized Chairman to sign. 5. Approved contract change order No. 1 for Skyway, Project No. 51261-77-1 in the increasing amount of $155 which provides for payment of moving equipment in and out of project site in order to facilitate grade change at the Rosewood Drive intersection. 6. Accepted the work of Robinson Construction Co. for Skyway, Project No. 51261-77-1; Chairman authorized to sign notice of completion and Clerk directed to record said notice of completion with the Recorder. 7. Accepted the work of Butte Creek Rock Co. for Bruce Road, Project No. 52271-77-1; Chairman authorized to sign notice of completion. and Clerk directed to record said notice of completion with the Recorder. 8. Approved letter be sent to the State Reclamation Board regarding Sacramento River rock site repair. 9. Approved revised subdivision inspection fee scheduled 78-1679 APPROVE AGREEMENT WITH U.S. FOREST SERVICE FOR HUMBOLDT ROAD AT COLBY CREEK BRIDGE Clay Castleberry, public works director, stated that Mr. McDonald has negotiated a contribution of $30,000 from the Ua5. Forest Service for the Humboldt Road at Colby Creek Bridge. On motion of Supervisor Lemke, seconded by Supervisor Madigan and. unanimously carried, the funds in the amount of $30,000 from the U.S. Forest Service were accepted; cooperative agreement with the U.S. Forest Service for the Humboldt Road at Colby Creek Bride was approved and the Chairman authorized to sign. 78-1680 APPROVE PLANS AND SPECIFICATIONS.- HUMBOLDT ROAD AT COLBY CREEK BRiAGE, PROJECT N0. 91422-76-1 FY 78-79 On motion of Supervisor Lemke, seconded by Supervisor Madigan and unanimously carried, the plans and specification for Humboldt Road at Colby Creek Bridge, Project No. 91422-76-1 FY 78-79 were approved; the Chairman and Director of Public works authorized to sign plans; the wage scale- was adopted; the•bid open was set for 11;00 a.m., Public Works Office, September 21, 1978; and county crews were authorized to construct prefabricated deck sections. Page 241. August 29, 1978 August 29, 1978 78-1681 AWARD BID - BULL RILL ROAD BRIDGE, FASOS, PROJECT N0. SOS-007(2) On motion of Supervisor Richter, seconded by Supervisor Madigan and unanimously carried, the bid for the Bull Hill Road Bridget, FASOS, .Project No. SOS-007(2) was awarded to O.K. Mitry in the amount of $188,353 subject to federal program change using some additional $16,000 bail out money and allowed Public Works to come back and reduce $20,000 other federal projects and with recommendations. 78-1682 INFORMATION ITEMS BY PUBLIC WORiLS ', Clay Castleberry, public works director, stated that the work program was approved by BCAG. The state transportation bill AB 402 will be the subject of public workshops. Mr. Cavanaugh and CALTRANS will be going to the workshops. Mr. Castleberry stated that the report on the house numbering and street naming was self explanatory. He will be working with the Chairman of the Durham area on this matter. 78-1683 AUTHORIZE SENDING OF LETTER TO MRS, EUGENE O'DELL AND MR. ANp MRS. JOHN BUSBEE RE: SET BACK ON PROPERTX FOR MOBILE HOME Clay Castleberry, public works director, stated that there is a problem in Paradise where a mobile home was placed on tine property on the 60-foot easement by about five feet. The people owned the property under it. This replaces a mobile home that was already on the property. His inspectors thought they had the set back, Mr. Castleberry stated that he and Supervisor Lemke had looked at the property and they agree thatSit.would.be~,.urireasoaable to ask the people to move the mobile home back. He would like permission to write a letter and admit that the mobile Name is on the right-of-way and that they feel it would be in order to leave it there. On motion of Supervisor Lemke, seconded by Supervisor Madigan and unanimously carried, the Board authorized sending a letter to Mrs. Eugene O'Dell and Mr. and Mrs. John Busbee advising them as recommended by Public Works Director. 78-1684 ADDITIONAL MATTER PRESENTED BY CHAIRMAN WINSTON Chairman Winston stated that he had received a call from Mr. Gillian regarding requirements imposed by both the District Attorney and the Public Works Department. Mr. Castleberry to handle the matter. 78-1685 CLOSED PUBLIC HEARING: FOODMAKER, INC., KENT WOODELL - PROPOSED ENVIRONMENTAL IMPACT REPORT AND USE PERMIT TO ALLOW A DRIVE-TN RESTAURANT ON PROPERTY ZONED "C-2" (GENERAL COMMERCIAL) LOCATED ON THE SOUTHWEST CORNER OF_SKYCdAY AND OLIVER ROAD, IDENTIFIED AS AP 52-17-20. PARADISE The closed public hearing on Foodmaker, Tnc. Kent Woodell proposed environmental impact report and use permit to allow a drive-in restaurant on property zoned "C-2" (general commercial) located on the southwest corner of Skyway and Gliver Road, identified as AP 52-17-20, Paradise was held at this time. On motion of Supervisor Lemke, seconded by Supervisor Richter and unanimously carried, finding that summations of the comments and recommendations from the public have been attached to the draft environmental impact report, that written responses to significant environmental points, raised by the comments, have been prepared and attached to the draft ', environmental impact report and that a list of the persons, organizations and public agencies who commented has been attached to the draft environ- mental impact report, the final environmental impact report-was certified as having been completed in compliance with. the California Environmental . Page 242, August 29, 1978 August 29, 1978 Quality Act, the State Environmental Review Guidelines and the Butte Cou'aty Environmental Review Guidelines, On motion of Supervisor Lemke, seconded by Supervisor Richter and unanimously carried, having reviewed and considered the final environ- mental impact report, finding that although the project may-have a significant effect on the environment because of traffic related impacts, mitigation measures proposed by the developer as set forth in the final environmental impact report and included as conditions of approval, will substantially reduce the traffic related impacts to a level which is not significant, further finding that the project will not impair the integrity and character of the C-2 zone in which the land lies and that the use of the property as a drive-in restaurant would not be unreasonably incompatible with or injurious to the surrounding properties or detrimental to the health and welfare of persons residing or working in the neighborhood nor to the general health, welfare and safety of the county, the appeal was denied and the use permit to allow a drive-in restaurant for Foodmaker, Inc. was approved subject to the following conditions: 1. Install an in-hood fire extinguisher system. Install fire extinguishers to Paradise Fire Protection District requirements. Install automatic sprinkler system for the building. 2. Meet the requirements of the Butte County Health Department. ', 3. Deed to the County of Butte a 30 foot right-of-way measured from the centerline of Oliver Road, 4. Construct sidewalk along Skyway frontage, construct curb, gutter, sidewalk and necessary road improvements along Oliver Road frontage. Submit plans fox same along with storm drainage plan to Department of Public Works for approval. 5, Provide and maintain a sign on the property at the. Skyway exit prohibiting left turns onto Skyway. 6. Deposit $10,000.00 with the County of Butte as Developer's share of future traffic signal installation. 7. Developer agrees to the striping of a double, double-yellow line in the median of Skyway in front of the driveway. 8. Developer agrees to the prohibition of parking on the south side of Oliver Road from Skyway to the end of the restaurant propertyo 78-1686 PUBLIC HEARING DATE SET '- A public hearing date of September 19, 1978 at 10015 a.mo was set for consideration of Howard & Lester Greenwood proposed negative declaration and rezone from "TM-2" (timber mountain, two acre parcels) to "C-2" (general commercial) property located 3,000± feet south of Villas Road and Cohasset, City of Cohasset 2-1/2 miles± to the north, identified as AP 56-X7-23, 78-1687 DISCUSSTON: CLARIFICATION OF INTENT OF BOARD OF SUPERVISORS IN ALLOWING MOBILE HOMES PURSUANT TO SECTION 19-19 OF THE BUTTE COUNTY CODE {",AUNT MINNIE" AMENDMENT), IN ALL ZONING DISTRICTS Supervisor Lemke asked Counsel if in order to allow Aunt Minnies in conventional home areas all of those districts would have to have mobiles in the area? Jim Griffith, deputy county counsel, stated that Del Siemsen had been working on the matter. Page 243. August 29, 1978 August 29, •1978 Bettye Blair, interim planning director, stated that that had been Counsel's-opinion at that time. There are other points that need to be resolved, Supervisor Richter stated that he had talked to Counsel regarding the statments about the Aunt Minnie, He indicated that the presentation was not correct. He felt there would be no problem of differentiating the Aunt Minnie from other mobile homes on a limited basis. Del Siemsen, deputy county counsel, stated that it would be a special use within those zones with special requirements that are required at the present time. Mss. Blair asked whether the special permit would be under the use permit process or special allowed use. She is concerned with the abatement proceedings, The proceedings are now held under the Board of Supervisors who holds a hearing. She wanted to know who would hold the hearings if it were under a use permit provision. Mr. Siemsen advised that the Board of Zoning Adjustment would then hold the hearings. Supervisor Richter stated that he had received a call saying that many of the Avnt Minnies are illegal and that they are being rented and used as multi-family units. zt was his understanding that these were enforced very carefully. He wondered if there were Aunt Minnies that were not being abated. Lynn Vanhart, environmental health director, stated that there are 67 active Aunt Minnies. Twenty of those have been issued within the last year. Twelve have been renewed at least once. Thirty have been renewed more than twice. Five have been canceled aut. The program has been taken advantage of in a few instances. The Department has to take the persons word. They attempt to make sure the same people are there. They try to get signatures. The fact that this is a temporary situation is explained to the applicants. This is basically an exemption on the septic tank requirements. Mrs. Blair stated that the petitions for variances are under the Health Department. If a use permit is needed it would fall under the Board of Zoning Adjustment and the Planning Department. The abatement procedure would then be a zoning violation proceeding. It was felt that this should continue under the Health Department> 78-1688 AUTHORIZE. PREPARATION OF ORDINANCE THAT WOULD PROHIBTT RESIDENTIAL BURNING ON NON-BiTRN DAYS IN :..UNINCORPORATED AREAS OF THE COUNTY On motion::of Supervisor Richter, seconded by Supervisor Lemke and unanimously carried, preparation of an ordinance that would prohibit residential burning on non-burn days in the unincorporated areas of the ', county was authorized, 78-1689 WAIVING OF FIRST READING OF ORDINANCE CONCERNING UNDERGROUNDING FOR CABLE TELEVISION TAR;EN OFF +~ENDA The waiving of the first reading of the ordinance concerning undergrounding for cable television;;,was taken off agenda. 78-1690 APPOINTMENTS CONTINUED TO SEPTEMBER 5, 1978 ', The following appointments were continued to September 5, 1978: 1. Appointment to the Butte County Council for Senior Citizens. Page 244. August 29, 1978 August 29, 1978 2. Appointments to the Housing and Community Development Advisory Committeeo 3. Appointment to Human Services Advisory Commission. 78-1691 APPOII3TMENT OF REPRESENTATIVE OF VFW POST 9602 TO OROVILLE MEMORIAL ', HALL COMMITTEE On motion of Supervisor Winston, seconded by Supervisor Zemke and unanimously carried, Marvin Erwin, Jr. was appointed as a representative of VFW Post 9602 to the Oroville Memorial Hall Committee. 78-1692 COMMUNICATIONS Don Nissen, Chief Probation Officer. Mro Nissen submits his letter of j resignation effective September 30, 1978.. Letter of appreciation to be written. Rober Fo Guth, Paradise. The Engineer, on behalf of Mr. and Mrs. Lawrence J, Lawson, appeal the Advisory Agency's conditions ~k3, 4 and 12 to a tentative parcel map, AP 52-032-06 and 09, four lots, south side of Valley View Drive, approximately 2,000 feet west of Oliver Road, Paradise. Set for hearing September 19, 1978 at 10:30 a.m. Oro Environmental, Inc., Foresthill. The Firm, on behalf of John Hassler, requests an extension <,for filing a parcel map, AP 71-01-63, three lots, west side of Oroville-Quincy Highway, approximately 1/2 mile north of Foreman Creek Road, northeast of Oroville. The matter was handled eailier:',.in the meeting. Newhall Land and Farming Company, Chico. The Company writes concerning Sacramento River bank erosion sites and requests that the county provide assistance in obtaining repairs prior to the storm season. This matter was handled earlier in the meeting> Citizens Advisory Committee on Drug Abuse and Alcohol Advisory Board, The Committee writes rquesting clerical staff support, Referred to Administrative Office for clarification. Mrs. H, W. Weedon, Berry Creek, Mrs. Weedon writes supporting granting fiscal independence to the Superintendent of Schools. .Information. City of Adelanto. The City forwards its resolution concerning opposition to the lack of concern for the impact of state mandated costs and requests the Board's endorsement. See motion following communa~cations, Butte County Legal Services. The Organization writes concerning the proposed monitoring program of the Welfare Department. Referred to Administrative Office for comments. Dennis B. Kavanagh, Attorney at Law. Notice is received of a Superior Court filing in the case of Golden State Mobile Home Owners League and Allen Lowery vs. County of Butte, et al for failure to file an environmental impact report for the Oaks at Lake Oroville. See motion following communications. - Senator Arlen Gregorioo TheSenator writes requesting comments on the feasibility of increasing alcohol beverage excise taxes to fund alcoholism programs. Discussed; no action taken. Page 245. August 29, 1978 August 29, 1978 City of Chico. The City requests withdrawing the ballot measures from the November election concerning public transportation system and suggests that a Board Council committee meet to develop an alternate measure to .be placed on the March, 1979 ballot. Discussed; no action~tak-en. Anthony Jo Labouff, Attorney at Law. The Attorney, on behalf of Keith G. Stroup, files a claim in the amount of $202,000 for injuries as a result of false imprisonment and arrest. See motion following communications. 78-1693 SUPPORT CITY OF ADELANTO RESOLUTION CONCERNING OPPOSITION TO THE LACK OF CONCERN FOR THE IMPACT OF STATE MANDATED COSTS .: On motion of Supervisor Lemke, seconded by Supervisor Richter and unanimously carried, the Board supported the City of Adelanto resolution concerning opposition to the lack of concern for the impact of state mandated costs. 78-1694 REFER CASE OF GOLDEN. STATE MOBILE HOME OWNERS LEAGUE AND ALLEN LOWERY VS. COUNTY OF BUTTE, ET AL TO COUNTY_COUNSEL On motion of Supervisor Lemke, seconded by Supervisor Madigan and unanimously carried, the notice of Superior Court filing in the case of Golden State Mobile Home Owners League and A11en Lowery vs. County df Butte, et al for failure to file an environmental impact report for the Oaks at Lake Orovilie was referred to County Counsel. RECESS: 3:35 p.m. RECONVENE: 3:45 p.m. SUPERVI90R MADIGAN ABSENT AT THIS TIME. 78-1695 ADOPT RESOLUTION 78-152APPROVING PROGRAM SUPPLEMENT N0. 3 TO MASTER AGREEMENT N0. 03-5912 On motion of Supervisor Lemke, seconded by Supervisor Richter ', and carried, Resolution 78-152 approving program supplement No. 3 to master agreement No. 03-5912 which covers Bull Hi11 Road Bridge at Butte Creek, Federal Aid Safer Off System Project No. SOS°007(2) was adapted and the Chairman authorized to sign. 78-1696 REJECT CLAIM On motion of Supervisor Lemke, seconded by Supervisor Richter and carried, the claim of Keith Ge Stroup in the amount of $202,000 was rejected and referred to Counsel and insurance carrier. 78-1697 ADMTNTSTRATIVE OFFICE DIRECTED TO MAKE APPLICATION FOR AB 90 REIMBURSEMENT RE: COUNTY JUSTICE SYSTEM SUBVENTION PROGRAM Clif Mickelson, administrative officer, stated that he would like authorization from the Board to put together the initial application. for AB 90 reimbursement for AB 3121 proposal to transition CETA employees in the Probation Department and Juvenile Hall> If the application flies ', the administration of the program will be simple. If the application does not, Administration will be coming back to the Board for hiring of an additional employee to handle this matter. At tine present time, there is not $12,000 to $17,000 worth of effort necessary in this program if the CETA employees can be transitioned. Administrative Office was directed to make initial application for AB 90 reimbursement for AB 3121 proposal regarding county Justice System Subvention Programo Page 246. August 29, 1978 August 29, 1978 78-1698 DISCUSSION: TOPLESS ORDINANCE Supervisor Lemke stated that he had been informed that the action takenrelative to the ordinance prohibiting topless dancing was unconstitutional. He felt that-you cannot deny a person the ability to put on topless dancing when it was permitted in other locations of the county. It was moved by Supervisor Lemke, seconded by Supervisor Richter that Counsel be instructed to review the ordinance discussed on the basis of not denying this to anyone or denying this to everyone, Motion discussed. Supervisor Richter stated that the point has been made clear that under police power there can be regulation of things that go on in bars. The same way you cannot regulate what goes on in concert halls, magazines, etc. Vote on motion: AYES: Supervisor Lemke and Richter NOES: Supervisor Moseley and Chairman Winston ABSENT: Supervisor Madigan Motion fails.. On motion of Supervisor Richter, seconded by Supervisor Moseley and carried, the vote on the previous motion will be reconsidered. AYES: Supervisors Moseley, Richter and Chairman Winston. NOES: Supervisor Lemke. ABSENT: Supervisor Madigan. Vote on previous motion: AYES: Supervisor Lemke kYOES: Supervisors Moseley, Richter and Chairman Wits ton ABSENT: Supervisor Madigan RECESS: The Board recessed at 3:55 p.mo to reconvene on Wednesday, August 30, 1978 at 7:00 p.m. Page 247. August 29, 1978