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HomeMy WebLinkAboutM090677~, September 6, 1477 STATE OF CALIFORNIA ) SS. COUNTY OF BUTTE ) The Board of Supervisors met at 9:00 a.m. pursuant to adjourrunent. Present: Supervisors Lemke, Madigan, Moseley, Winston. and Chairman Richter. Ciif Mickelson, Administrative Officer; Dan Blacketock, County Counsel, and Clark A. Nelson, Covnty Clerk"by Cathy Pitts., deputy Clerk. Pledge of Allegiance to the Flag of the United States of America Invocation by Supervisor Lemke 77-1736 APPROVAL, OF MINUTES On motion of Supervisor Moseley, seconded by Supervisor Madigan and unanimously carried, the minutes of August 30, 1977 were approved as mailed. 77-1737 COMMUNICATIONS Rodney Kopsa, Paradise. Mr. Kopsa appeals conditions of a parcel map, AP 54-17-33, two lots, on the south side of Pearson Road, 200 OS feet west of Edgewood Laae, Paradise. Set for hearing September 27, I' 3 ~ 1977 at 9:30 a.m. John C. Stanhope, Oroville. Petition is filed for variance to the provisions of Sections 19-10 and/or 19-12 of the Butte County Code for place- ment of a mobile home on AP 27-07-08, 6801 Upper Palermo Road, /~ 3 , ~ ~ Oroville. Set for keearing September 27, 1977 at 9:30 a.m. Horace and Marion Brown, Paradise. Mr. and Mrs. Brown write protesting the allowance of a trailer park in the Paradise. area. Information; ~~ ~•~ 0 referred to item #18. McCain and Associates, Chico. The Engineers, on behalf of their clients, appeal conditions of a parcel map, AP 43-08-45, 24 lots, located Ir ~ ~ OS~ on the north side of West Eighth Avenue at Meadow Road, Chico. Set for hearing September 20, 1977 at 11:15 a.m. McCain and Associates, Chico. The Engineers, on behalf of their clients, appeal conditions of a parcel map, AP 44-49-11, 47 lots, located ~~ 3•~ S~ on the southwest corner of Hicks Lane and Sycamore Lane, Chico. Set for hearing September 20, 1977 at 11:30 a.m. Lippincott Surveying, Paradise. The Engineers, an behalf of Mr. Carl Youngdahl, appeal conditions of a parcel map, AP 53-272-0, three / lots, located on the west side of Pentz-Magalia Highway opposite lr ~ '~S Lura Lane, Paradise.--Set fox,':aariug~SEptember 27, 1977 at 9:45 am. Rooftree, Inc. Darrell W. Stevens, attorney, appeals on behalf of their clients, the decision by the Board of Zoning Adjustment to require en environmental impact report on AP 31-212-01, located between ~~ .3. Q ~ Seventh and Sixth Avenue, bounded on the north by Plumas Avenue, Thermalito. Letter to be sent advising that the Board does not hear appeal on the environmental process until hearing project: . Pacific Gas and Electric Company. P.G. & E. writes rescinding a previous .. request for easement reservations on proposed abandonment of ~~{{ ~~//~~yy portions of Feather, Carlton and Greene Streets, Western Pacific ~f' T"'r'~ Addition. Hold until hearing on item 13. Disabled American Veterans. The Veterans write informing the Board that '. George Curtis has been appointed as their representative to .,.~~.the Memorial Hall Building Committee and Fred Hacker has been s~ ~, ~ O'~; appointed as alternate. Information; to be given to Administrative Officer. Page 445. Septembex 6, 1977 '~'' ~"~ _ September 6, 1977 AeVere Pace, Chico. ~Mr. Pace submits his resignation as a member of the Land Conservation Act Committee. Information; no action taken. /vo• 39 DeVere Pace, Chico. Mr. Pace submits his resignation as an alternate member to the Butte County Board of Zoning Adjustment. Information; no ~ ~ 3. o o action taken. Ralph Coil, Chico. Mr. Coil appals the Advisory Agency's decision regarding ~ AP 47-15-82 fora tentative parcel map. Set for hearing September 27, i ~ 3 • OJ 1977 at 10:00 a.m. 77-1738 ADDITIONAL MATTER PRESENTED BY CHAIRMAN RICHTER Chairman Richter stated that he would like to be excused from the meeting of September 13, 1977 as he was going to attend a water meeting in Dakland on that date. 77-1739 AUTHORIZE TELEGRAM TO ASSEMBYLMAN STATHAM RE: ASSURANCES AS TO OTHER WA ER MATTERS AND NOT LOORIN6 50LELY AT THE PERIPHAL CANAL. On motion of Supervisor Madigan, seconded by Supervisor Lemke and carried, a'.telegram was authorized to be sent to Assemblyman Statham today regarding assurances as to other water matters and not looking solely at the periphal canal, .- 77-1740 APPROVE_EXPENSES FOR DON BLAILE AT WATER CONFERENCES On motion of Supervisor Madigan, seconded by Supervisor Lemke and unanimously carried, the expenses incurred by Don Blake at the two water conferences were approved. 77-1741 SUPERVTSOR LEMKE EKCUSED FROM BOARA MEETINGS SEPTEMBER 10, 1977 TO SEPTEMBER 25. 1977 On motion of Supervisor Madigan, seconded by Supervisor Winston and unanimously carried, Supervisor Lemke was excused from the Board meetings September 10, 1977 to September 25, 1977 for out of state travel. 77-1742 AUTHORIZE TELEGRAM PER DEPARTMENT OF LABOR DIRECTIONS PRIOR TO SEPTEMBER 15 1977 AND SUBMITTAL OF FOLLOW UP MODIFICATION - TITLE I CETA On motion of Supervisor Lemke, seconded by Supervisor Madigan and unanimously carried, sending of a telegram as per Department of Labor directions prior to September 15, 1977 was authorized with submittal of follow up modification and Personnel Director authorized to sign. 77-1743 ACCEPT NORD FIRE STATION REMODEL PROPOSAL AND AUTHORIZATION OF PREPARATION OF PROFESSIONAL SERVICES CONTRACT IN THE AMOUNT OF $3,000. On motion of Supervisor Winston, seconded by Supervisor Madigan and unanimously carried, the Nord Fire Station remodel proposal was accepted and preparation of a professional services contract in the amount of $3,000 was authorized. 77-1744 APPROVE PUBLIC DEFENDER CONTRACT AGREEMENT - AUTHORIZID TRANSFER OF 12 500 FROM THE RESERVE bn motion of Supervisor Madigan, seconded by Supervisor Winston and carried, the Public Defender Contract agreement was approved; the Chairman authorized to sign; and transfer of $12,500 from the reserve was authorized. AYES: Supervisor Lemke, Madigan, Winston and Chairman Richter. NOES: Supervisor Moseley. 77-1745 APPROVE BUDGET TRANSFERS On motion of Supervisor Moseley, seconded by Supervisor Lemke and unanimously carried, the foilawing Budget Transfers were approved: Page 446. :September 6, 1977 ~ ~ September b, 1977 s s s m x x m a x s s li f ~~ a a s a s x s a e x a s a m s x s s a s a n B-3 Comm~unit~ Action A enc This transfer covers reprogramming of the 'l On aTlowa ebl of 1976 carryover funds amounting to overall decreases of '.$16,305 and increases of $43,773.36. Reprogramming has been maintained within the same program accounts and this item was approved by the Board on Ju}y 26, '.7977; minute order 77-1452. B-4 Fire r~atecti~on. Transfers $7,500 from maintenance of structures within the~ui-1 ndi g and grounds maintenance department to the fire protection ,budget in order to provide maintenance by fire personnel. •B-5 Sheriff-Enforcement. Transfers $763 from fixed assets to special departmental expense in order to transfer an appropriation for items improperly classified in 1977-78 budget; namely,anmunition pouches, map lights and shotgun •• holders. B-6 Community Action A9en~cy, 1977 ro ram year, The purpose of this transfer is to establish an appropriation for the ummer Youth Recreation Program - in the amount of $5,414 from federal revenue sources. B-8 Planning Commission. Transfers $5,000 from the reserve to special departmenta'T expense to provide an appropriation which will allow purchases of printing and related materials for the general plan. B-9 Chico Municipal Court. Transfers $230 from fury and witness expense to rents an3leases afof equipment in order to provide for the rental of a "beeper" for communication with on-call 3udges. B-10 Board of•5upervisors. Transfers $717.70 from the reserve to judge- ments in order to cover cost ordered by judgement in case No. 57404, Society for California Archeology vs. County of Butte. 77-1746 AUTHORIZATION FOR SETA PROJECT REAA$ILITATION SPRINGS, FORBESTOWN, LUbIICIN ROADS - REFUND OUT~OF POCKST EXPENSES FOR FDEL AND MATERIALS TO pOLUNTE6R SUPERVISORS UP TO A MAXIMUM OF $700 - TRANSFER FROM RDAD RESERVE On motion of Superfisor Lemke, seconded by Supervisor Winston .. and unanimously carried, refund for out of pocket expenses•for fuel and materials to volunteer supervisors up to a maximum of $700 for the CETA project rehabilitation of 'Springs - Forbeatown, Lumkin Roads was authorized and transfer from the road reserve was authorized. 77-1747 ADOPT RESOLUTION 77-146: APPROVING AGREEMENT WITH CITIES OF BTGGS, CHICO ANA GRIDLEY FOR OFF-SYSTEM FUND ALLOCATION. On motion o£ Supervisor Moseley, .seconded by Supervisor Madigan and unanimously carried, Resolution 77-146 approving the agreement with the cities of Biggs, Chico and Gridley for off-system fund allocation was adopted; the chairman authorized to sign; consider exchanging dollars for Off-System Fuade with those citlea receiving less than~$10,000 allocation in accordance with agreement. 77-1748 CONFIRM FORBESTOWN ROAD PROJECT. PUMA INCREASE OF $26.000 On motion of Supervisor Madigan, seaoaded'by Supervisor Lemke and unanimously carried, the Board confirmed its action of July l9, 1977 and confirmed the Forbestown Road project fund increase of $26,000. 77-1749 APPROVE ASSIGNMENT TO DAVID KAMP AS SOLE OWNER AND OPERATOR OF CflIC0 CLIPPER On motion of Supervisor Winston, seconded by Supervisor Madigan and unanimously carried, assignment to David Eamp as sole owner and operator of Chico Clipper was approved. Clay Castleberry, Public Works Director, stated that he would bring back a proposal by Oro Bua~Lin for tthe Oroville area. age 4k7. September 6, 1977 _, ~'"' ~~ September b, 1977 a s=_- a m m m a m m a a n m a a a m ni a r. m o o= s: m a a a a a a a e 77-1750 AUTHORIZE CONTINUATION OF IMPROVII~N'PS ON OREGON AND iiANDALL STREETS OUTSIDE THE CITY LIMITS OF GRIALEY AT A COST OF 6 800. On motion of.Supervisor Moseley, seconded by Supervisor Madigan and unanimously carried, the continuation of improvements on~Oregon and Randall Streets outside the City limits of Gridley at a coat of $6,800 was 'authorized. 77-1751 SET PUBLIC HEARING A public hearing date of September 27, 1977 at 10:15 a.m. was•set to consider the R.•~MorelAnd appeal of the Subdivision's Committee regarding a boundary line modification. 77-1752 DISCUSSION: STATE SOLID WASTE MANAGEMENT BOARD LETTER CONCERNING DESIGNATION OF A SOLID WASTE ENFORCEMENT AGENCY. Discussion of the State Solid Waste Management Board letter concerning designation of a solid waste enforcement agency~was held at this time. Howard Toussaint, Sanitarian, stated that the State would charge for their services as the enforcement agency or that the local authorities could establish an agency themselves. The charges would be a maximum of $5,000 and that is not a £irm figure. It would go to $2,500 per year thereafter. The charge would go back to $5,000 on Che fifth year. Mr. Toussaint stated that his office could not do the job without additional staff. This would not have to be a full time position. Clay Castleberry, Public Worka~Direotor, stated there are about four installations in the entire County. The matter is continued to next week, September 13, 1977 for a report from Mr. Toussaint and Mr. Castleberry regarding costs if the County were to establish a solid waste enforcement agency. 77-1753 ADOPT RE50LUTION 77-147: PUBLIC HEARING: MRS. GIOVANNA DOUGLAS - AHANDONMENT OF CERTAIN ALLEYS AS SHOWN IN BLOCKS 25, 26, 47 and 48 ON THE MAP OF WESTERN PAOIFIC ADDITION.1~. TO OROVILLE. The public hearing on the Mre. Giovanna Douglas abandonment of certain alleys as shown 3n Blocks 25, 26, 47 and 48 on the Map of Western Pacific Addition to Orcville was held as advertised. Hearing open to the public. Appearing: No one. Hearing closed to the public and confined to the Board. Oa motion of Supervisor Winston, seconded by Supervisor Moseley and unanimously carried, Resolution 77-147 abando:msent of certain alleys as sown is Blocks 25, 26, 47 and 48 on the Map of Western Pacific Addition to Oroville was adopted and the Chairman authorized to sign. 77-1754 ADOPT RESOLUTION 77-i48: PUBLIC BEARING MARGARET M. SPRANG - ABANDONMENT OF WESTERN PACIFIC ADDITION STREETS: FEATHER AVENUE, GREEN STREET AND CARLhTON_STREET, OROVILLE. The public•hearing on the Margaret M. Strang abandonment of Western Pacific Addition Streets: Feather Avenue, Green Street cad Carleton Street, Oroville was held as advertised. Heasing open to the public. Appearing: No one. Hearing closed to the public and confined to the Board. On motion of Supervisor Winston, seconded by Supervisor kloseley and unanimously carried, Resolution 77-148 abandonment of Weaterq'Pacific Addition Streets: Feather Avenue,.Greea Street and Carleton Street, Oroville was adopted and the Chairnian authorized to sign. ' " ~ ' Page 448. September 6, 1977 September 6, 1977 a a s x z a s s z s~ x z x ex a c a e e s s s c m m a s s a a a x a a a a 77-1755 PD~G`xAEARING: ALPAA PORE, CHICO - PETITION FOR 'VARIANCE TO THE PROVISIONS OF SECTIONS 19-10 AND~AR I9-I2 OF THE BUTTS COUNTY COVE FOR PLACEMENT OF A MOBILE HOME ON AP 46-141-D9 884 VIRGINIA STREET CHICD. The public hearing on the Alpha Pons petition for variance to the provisions of Sections 19-10 and/or 19-12 of the Butte County Code for place- ment of a mobile home on AP 46-141-09, 884 Virginia Street, Chico was held as advertised. Hearing ogen to the public. Appearing: No one. Hearing closed to the public and confined to the Board. On motion of Supervisor Lemke, seconded by Supervisor Madigan and unanimously carried, the Alpha Pore petition for variance to the provisions of Sections 19-10 and/or 19-1Z of the Butte County Code for placement of a mobile home oa AP 46-14i-09, 884 Virginia Street, Chico was approved for a period of one year. 77-1756 DISCUSSION: FUTURE STATE FAIR E}OIIBITS Bob Nicholson was present to discuss the future State Fair exhibits at this time. Mr. Nicholson stated that there is no allotment in the budget for the comang year. The coat of the exhibit last year wan $1,000 plus the prize money. We had a nice exhibit. Chairman Richter stated that possibly a prize could be offered within the County to the schools in Butte County to get them to compete in the program for the theme. Mr. Nicholson stated that this was done during the sursaner vacation and might be difficult to get participation. P4r. Nicholson to arrange a conference with the schools, high schools; and colleges regarding interest in participation in the State Fair exhibits. 77-1757 ADOPT RESOLUTION 77-149: PUBLIC HEARING: RICK NELSON - ABANDONMENT OF 30 FEET OF ABANAANED CLOVER STREET LYING CONTIGUOUS TO LOT 1 IN BLOCK 14 AS SHOWN ON THE MAP IN TR'E "NINTH ADDITION OF $iDWELL RANCHO," FILED FOR RECORD ON MARCH 14 1904 iN MAP BOOK 4 AT PAGE 64 BUTTE COUNTX RECORDS. The public hearing of the Dick Nelson abandonment of 30 feet of abandoned Clover Street lying contiguous to Lot 1 in Block 14 as shown on the Map in the "Ninth Addition of Bidwell Rancho", filed for record ma March 14, 1904 in Map Sook 4 at Page 64, Butte County Records was held as advertised. Heard.ng open to the public. Appearing: No one. Hearing closed to the public and confined to the Board. Oa motion of Supervisor Winston, seconded by Supervisor Madigan and unanimously carried, Resolution 77-149 abandonment of 30 feet of abandoned Clover Street lying contiguous to Lot 1 in Block 14 as shown on the Map in the "Ninth Addition of Bidwell Rancho", £i led for record on March 14, 1904 in Map Book 4 at Page 64, Butte Caunty Records was adopted and the Chairman authorized to sign. 77-1758 ADOPT RESOLUTION 77-150: IN DPPOSITION TO CERTAIN PROVISIONS OF S8 154 RE: PROPOSED_WELHARE HDMENlARER COSTS On motion of Supervisor Lemke, seconded by Supervisor Madigan and unanimously carried, Resolution 77-150 in opposition to certain provisions of 5B 154 regarding proposed Welfare Homemaker costs was adopted and the Chairman authorized to sign. Page 449. September 6, 1977 " September 6, 1977 - s a .= a s x a tc m r m a r a a a a m r r a a a a a r r r r r r r s 77-1759 APPOINTMENTS CONTINUED TO SEPTEMBER 13. 1977 The following appofntmenta were continued•to September 13, 1977: 1. Appointments to Surface Mining Aggregate Operations Committee. 2. Appointments~to Chico-Butte County Chapmantown Housing and Community Devel opment Advisory Com<ittee. 3. Appointment to Committee on Community Development Account. 4. Appointment to Citizens Advisory Committee on Water. 77-1 60 APPOINTMENT TO COMMITTEE ON COMMUNITY DEVELOPMENT ACCOUNT Oa motion of Supervisor Madigan, seconded by Supervisor Winston and unanimously carried, Vernon Fiah, wan appointed member of the Committee on Community Development Account. 77-1 61 APPOINTMENTS TO CITIZENS ADVISORY COMMITTEE QN WATER On motion of Supervisor Winston, seconded by Supervisor Lemke and unanimously carried, therfo3llrwirig~.people~ were~zappointed A~ atsembera to,jthe_CitizenhF~Advieory Committee on Water: Charles Randolph Paul Minasian Al Beck On motion of Supervisor Moseley, seconded by Supervisor 'Lemke and unanimously carried, the following people were appointed as members to the Citizens Advisory Committee on Water: Don Biaka Moxie Shirley Eldon Brown On motion of Chairman Richter, seconded by Supervisor Lemke and unanimously carried, the following people were appointed as-members to the Citizens Advisory Committee oa Water: Jey Plu®er Pete Peterson Don Hayes On motion of Supervisor Madigan, seconded by Supervisor Winston and unanimously carried, the following people were appointed as members to the Citizens Advisory Committee on Water: Ernest Hatch Pete Marsh 77-1762 DISCUSSION: POLL AND PROCIDURE MANifAL Discussion of the policy sad procedure manual was held at this time. It was felt that the personnel manual should be in•the'form~of.a one'-age reference. Oa motion of Supervisor Lemke, seconded by Supervisor Winston a nd unanimously carried,~Sectian 13.15, model employee was adopted ae presented. f%~RECESS: 9155 a.m. RECONVEfTE: 10:05 a.m. Page 450 September 6, 1977 September 6, 1977 c s s a a a s a a m a a x a a e a a c a z. a c R o s c s a a a s c s a 77-1763 ADOP~:RBSOLt]T7d3N 77-151: PUBLIC HEARING; JUNE L. CROWTHER - ABANDONMENT OF PUBLIC UTILITY EASEMENT ON ,LOT 161 OF 5TERRA DEL ORO ESTATES, UNIT N0. 3, ORO DRIVE. MAGALIA. The public hearing of June Z. Crowther abanddnment of public utility easement on LoC 161 of Sierra Del Oro Estates, Unit No. 3, Oro brave, Magalia was held as advertised. Hearing open to the public. Appearing: No one. Hearing closed to the public and confined to the Soard. Oa motion of Supervisor Lemke, seconded by Supervisor Winston and unanimously carried, Resolution 77-151 abandonment of Public Utility Easement on Lot 161 of 6ierra Del Oro Estates, Unit No. 3, Oro Drive, Magalie was adopted and the Chairman authorized to sign. 77-1764 COMMENTS BY THE BOARD RE: GRAND JURY REPORT a.~ Discussion of the responses to the Hutte County Grand Jury reco~eadationa had at this time. Forward: Cou®enta'by the Hoard: A formal reminder to be issued quarterly. Books to be distributed to degartmeata affected. Page 3: Comments by the Board: Concur with the recommendation. Page 4: Comments by the Board: The decision is going to be made by the Board of Supervisors. Page 5: Comments by the Bcard: Referred to the appendix. Page 6: Comments by the Board: Comments by the Auditor make the matter of the recommendation mute. Page 7: Comments by the Board: There is going to be priority plea. The County tax rate will be indicated when the Cime cornea to fund the priorities at different levels. Page 8: Comments by the Board: The Board concurs. ~A new building is going out to bid to alleviate the storage problem. Fags 9: Comments by the Board: The Board Concurs. Anew building is going out to bid to alleviate the storage problem. 77-1765 PUBLIC HEARING: DON G. RNAUFF - PETITION FOR VARIANCE TO PROVISIONS OF SECTIONS 19-10 AND/OR 19-12 OF THE BUTTE COUNTY CODE FOR PLACEMENT OF A M08ILE HOME AT 1+855 CLARK ROAD PARADISE AP 55-25-096. The public hearing on the Don G. Knauf£ petition for variance to provisions of Sections 19-a0 and/or 19-12 of the Butte County Code far placement of a mobile home at 4855 Clark Road, Paradise, AP 55-25-09b was held as advertised. Mr. Kaauff had submitted a letter asking that his application be withdrawn and that his application fee be refunded. On.motion;•of 'Sapervisor Madigan,-seconded by Supervisor Lemke and unanimously carried, the request for refund was denied. MOTION OUT OF ORDER. Hearing open to the public. Appearing: Na ono. Hearing closed to the public and oonfiaed to the Board. On motion of Supervisor Madigan, seconded by Supervisor Lemke and unanimously carried, the request for refund was denied. Page 451 September 6, 1977 n _ ~-., ._ September 6, 1977 S 1C CS C S r- R iL C C S t b S c x g S C Y 9 S S A' t C 4. S® e s Y~ 77-1766 CONSIDERATION OF INTERIM ZONING - RICHARD HOYT RE: APPEAL OF CONDITIONS OF ADVI50RY AGENCY ON TENTATIVE PARCEL MAP, TWO LOTS, AP 47-29-02, 625 FEED WEST OF GARNER LANE. NORTH OF RANCHO ROAD. NORTH OF CHICO. Consideration o£ interim zoning for Richard Hoyt regarding appeal of conditions of Advisory Agency on Tentative parcel map, two iota, AP 47-29-02, 625 feet west of Garner Lane, north of Rancho Road, north of Chico was held at this time. Jim Lawson, Planning Director, stated that this was the area that the Board wanted to consider for interim zoning as a result of drainage problems. Mr. Lawson stated that he recommended that the Board continue the matter until the Planning Commission'hae completed a land use study southwest of Hwy 99. Chairman Richter stated that he did not realize that the property was A-R. There ie no way to force people into a drainage district. An interim zone could net be justified. Public Works~origiaal policy has to be supported by the Hoard regarding the deposit. Public'Florks to bring a proposal Co the Board regarding a master drainage plan for the area. Oa motion of Supervisor Lemke, seconded by Supervisor Madigan and unanimously carried, the matter was tabled until after the Planning Co~iseion has had a chance to study Che area. 77-1767 COMMENTS BY THE BOARD RE: GRAND JURY REPORT - CONTINUED The discussion of the responses to the Butte County Graced Jury recommendations was continued at this time. Page 10: Comments by the Board: A building is being put out to bid. Page 11: Comments by the Hoard; A building fa being put out to bid. Page 12: Comments by the Board: Attempts are being made to pursue the matter. Page 13: Comments by the Board: The Board has instructed the Administrative Officer and the Fire Department to review the fire service sad report back. 77-1768 ADOPT ORDINANCE 1861: PUBLIC HEARING: H. T. FUNK, ETAL - NEGATIVE DECLARATION AND REZONE FROM "A-2 LTD" TO 1'RT-1" (MINIMUM DENSITY RESIDENTLAL- MOBILE HOME) PROPERTY LOCATED SOUTH OF WAGSTAFF ROAD, EAST OF DIAMOND AVENUE, NORTH OF BILLE ROAD AND WEST OF AZALEA WAY, CONTAINING 42 ACRES, MORE OR LESS. PARADISE. The public hearing on the H. T. Funk, etal - negative declaration and rezone from "A-2 LCd" ko "RT-1" (minimum density residential-mobile home) property located south of Wagstaff Road, east of Diamond Avenue, north of Bi~11e Road end west of Azalea Way, containing 42 acres, mare or lean, Paradise was held as advertised. Earl Nelson, Environmental Review Director, net out the background of the negative declaration. Hearing open to the gublic on the negative declaration. Appearing: No one. Hearing closed Co the public and confined to the Board. On motion of Supervisor Lemke, seconded by Sv[~ervisor Moseley and unanimously carried, the proposed project could not have a significant effect on the environment, and a•aegative declaration is recommended. Hearing oa the project open to the public. Agpearing: Page 452 September 6, 1977 C"'• ~• September 6, 1977 as ac sr v= s a a a a x e e x a~ r a c x v x x R x ,. e s x x a w w v v v s 1. Hal Funk. Mr. Funk stated that 677> of the property owners wanted the rezone. There was a petition presented to the Planning Commission. 2. Edna Synder, Oak Way. Mrs. Snyder stated that the request for Yezoning was to replace the previous A-2 zoning. There was one parcel that was 'deleted. This parcel should be included in the rezone. There is s tri-p~ex on the property and the owner plans to build additional units on the property. 3. Frazier Lovett. Mr. Lovett stated that he owned the property that the Planning Commission had been deleted from the rezd~ning. Mr. Lovett stated that he intended to build additional unite nn his property and that if his property were included in the rezone it would not be possible. Mr. Lovett stated that he hoped that the Board would leave his property deleted from the rezone. Hearing closed to the public and confined to the Board. On motion of Supervisor Winston, seconded by Supervisor Lemke and unanimously carried, the rezone to "RT-1" was approval including the parcel referred to as the Lovett parcel with the findings Chat this is keeping with the existing lend uses and it ie consistent with the General Plan; Ordinance 1861 was adapted and the Chairman authorized to sign. 77-1769 ADOPT ORDINANCE 1882: PUBLIC HEARINGS FOREST RANCH DEVELOPMENT COMPANY - NEGATIVE DECLARATION AND REZONE FROM "TM-5" (TIMBER MOU~ITAIN- FIVE ACRE LOTS) TO "PA-C" (PLANNED AREA-CLUSTER) PROPERTY LOCATED ON THE SOUTH SIDE OF GODY LANE, APPROXIMATELY ONE-HALF MILE EAST OF STATE HICEiWAY 32, The continued public hearing on the 'Forest Ranch Development Company = negative declaration and rezone from "TM-$" (timber mountain- five acre lots) to "PA-C" (planned area-cluster} property located on the south aide of Cody Lane, approximately one-half mile east of State Highway 32, identi€ied as AP b3-D4-34, containing 100 acres, more or leas, Forest Ranch was held as centinued. Earl Nelson, Environmental Review Director, set out the background of the revised checklist. A negative declaration is recommended. The question continued from last wank has to do with the water sugply. Discussion of a conditional negative declaration had at this time. A conditional negative declaration h&s to be a condition of the project. Discussion of the subdivision that ie within a few hufidred~yards of the property proposed to be rezoned.had at this time. Howard Toussaint, Sanitarian, stated that there ie a need for additional storage £ox water. They are concerned about the water shortage. Clay Castleberry, Public Works Director, stated that in 1973 the problem of water €or this area was addressed. There are two solutions, a deep well of from 600 to 1500 feet or a pipe from the Sanesville Dam which is a long way from being done. Hearing open to the public. Appearing: Rick Daniel e. Mr. Daniell stated that there had been a long discussion on the water situation. The water will be from underground sources rather than surface water. There era two wells•on the property that produce l5 gallons per minute and 25 gallons per minute. There are •also three other holes that have been drilled on the property. Mr. Daniels stated that in order to meet the water standards the wells will be drilled deeper or there would be another well drilled on the property. Financially the project could not proceed without water. The ~oper~t~ could not be sold or built on without water. Se September 6, 1977 _ • ~"'~ ~ September 6, 1977 s x a v s c x s s c at s m a a a s m a a a m a m c c m m a s s a c a s c •Mr.~Tduasaint stated that there has never been that much of a . geadogd.Gd3- atudy.•made in the Maaaaoth •and Paradise Pines area. Mr. Toussaint stated that ha knows nothing about the wells on the property in question. Hearing closed to the public and confined to the Board. Jim Lawson, Plaaniag Director, stated that the Soard would be approving the plan when the sezona wes approved. The question involved is whether this ie a proper use for the land. On motion of Supervisor Winston, seconded bq Supervisor Lemke and unanimously carried, that although the proposed project could have a significant effect an the environment, based on the testimony, there will not be a significant effect in Chia ease because .~. the following mitigation measures have been added to the project and a negative declaration is recommended: 1. River Rock or other erosion preventing material shall be placed is drainage ditches •ae needed. 2. Natural vegetation should be retained where possible. 3. Building design atandarda•and placement should reflect the geologic constraints of the area. 4. If any cultural resources are discovered during construction that may have been buried or obscured from view previously, an•archaeoiogist should be contacted..immediatply. 5. Installation of a tank for storage of water. 6. If additional water supply is needed, ,applicant fe to drill walla. Hearing on the project open to the public. Appearing: No one. Rearing closed to the public and confined to the Board, On motion of Supervisor Winston, seconded by Supervisor Moseley and unanimously carried, the rezone to "PA-C" was approved with the findings that the proposal is in conformity with the General Plan; 'Ordinance 1862 was adopted the Chairmen authorized to sign; subject to the following conditions 1. Submit road and drainage plena to the Dept. of Public Works for approval and install the xequised facilities. 2. Provide 20 ft. radius propesty line returntls at all street intersections. 3. A 50 ft. building setback line fram~the centerline of all roads. 4. Street signs shall be provided by the developer at all street intersections per County requirements. (Submit 5 alternate street names for each street to the County address coordinates for approval of street names). 5. Construct full street section on all roads and access to a public road to RS-7 geometric standard. Minimum structural section to be 4" AB with SC 250 and 907. relative compaction. Submit design to County Dept. of Pub11c'Works £or approval. "R" value determinatione~and other data may be required to support section design. Page 454 September fl, 1977 _ r'` ~ _. September 6, 1977 9 S i i i i A i! RI !. i L G i i i i 6 i 0 G i C S L O S C G CY L G G G a 6. Street grades and other features shall comply with the Butte County Ordinances, design•reaolution and other accepted•engiaeering standards. 7. Provide road maintenance agreement. 8. Indicate all existing easements on final development plan. 9. Meet requirements of Butte County Fire Dept. or other responsible agency. 10. Submit site development plan to Dept. of Public Works for approval and construct or install the required facilities. 11. Provide permanent solution for drainage. 12. Provide in the homeowners agreement means for snow removal. 13. Development be limited to single family residential on the 20 lots, Iot 21 will have the tennis courts, pool, horse corrals and stables as delineated on the map. 11~. Meet the requirements of Y.G. & E. 15. Meet the requirements from the Pacific Telephone. 16. Provide the Aealth Department with a map showing the precise location of all wells dug, drilled or otherwise installed on the property {including dry holes) and advise Health Department which are to remain and which are to abandoned and filled. 17. Shaw a 100 ft. leachfield free area around all wells which are to remain. 18. Abandon and fill all other wells in a manner satisfactory to the Health Dept. Developer's engineer shall certify in writiag~to the Health Dept. as to the method used to abandon and €ill. 19. A11 lots shall be served by a public water system installed as per plans to be approved by the Health Dept. 20. Public notice to occupants/owaer8 that Forest Kav11s Road is not a private road available only to this development, but is a private non-exclusive easement for road purposes subject to the rights of others outside the development. 21. River rock or other erosion preventing material shall be placed in drainage ditches as needed. 22. Natural vegetation should be retained where possible. 23. Building design etandards•and placement should reflect the geologic canstrainta of the area. 24. I# any cultural resources are discovered during construction that may have been buried or obscured from view previously, an archaeologist should be contacted immediately. 25. Tnatallatioa of a tank for storage of water. 25. If additional water supply is needed, applicant is to drill wells. Page 455 September 6, 1977 f~ /^~ September 6, 1977 s s~~ s~ m~~~ ~ a~~ 6 a a c~ n .. ~~ ~~~ ~~~ c~ s. m r 77-1770 APPEARANCE:DICK BJORK - - Mr. Stork stated that he would like the Board to consider the defense of the criminally accused indigents in the County. The present system is lacking with the law firm currently under contract. A Public Defenders Office should be created and controls formulated with the same superviad.on as with the othert~ departments of the County. Mr. Bjork stated that there were two cases that were documented that showed that the present law firm had not been fair. Mr. Bork was asked to give the information to the Board so that the firm could respond to the charges. 77-1771 APPEARANCE: OLI,IE NEWSEN Mr. Newsen •stated that he was concerned with the litter along the roads. CitHtiona should be issued to the people caught littering. The County should retain some control over the fees that are charged. 77-1772 C02~fi1TS BY THE BOARD RE: GRAND JURY REPORT - CONTiNC:ED The discussion of the responses to the Butte County Grand Jury recommendations was continued at this time. Page 14: Eage 15: Page 16: Rage 17: Page l8: Page 20: Page 21: Page 23: Page 24: Page 25: Rage 26: Comments by the Board: Comments by the Board: Comments by the Board: Comments by the Hoard; Comments by the Hoard: Comments by the Hoard: Comments by the Board: Comments by the Board: Comments by the Board: Comments by the Board: Comments by the Hoard: The Board is studying the matter. The Board Concurs. The Board concurs. No comment. No comment. No comment. Discussed; no action taken. The Board concurs. The Board is working on the matter. The security is taken care of. The Board has given them a CETA position. Page 27: Comments by the Board: A well ordinance has heen passed. Page 28: Comments by the Board: The program has bean funded. Page 29: Comments by the Board: Referred to Feather River Hospital. Page 30: Comments by the Board: This is being done. Page 31: Comments by the Board: The Board has made efforts to bring use of the Detox Center to the fullest extend possible. Page 32: Comments by the Boards Thin is being done. Pegs 33: Comments by the Board: The coat of smoke detecting equipment would be tao expensive. Discussed; na action taken. Page 34: Comments by the Board: The Board•ooncura with the concurrence. Page 35: Comments by the Board: No comment. Page 456 September fi, 1977 Sep s C C C R F a F R s C R¢ a Page 36: Comments by the Board: Page 37: Comments by the Board: Page 38: Comments by the Board: Page 39: Comments by the Baard: Processing to handle. Page 40: Comments by the Board: Page 41: Comments by the Board: gresent time. tember b, 1977 . D R a ~ a~ a R R a R a s a a R a R The Baard concurs. The Hoard concurs. The Board concurs. A programmer has been placed in Aata The Board has implemented this. This is being complied with 8t the Page 42: Comments by the Board: Efforts are being made to caxrect the problem. Page 43: Comments by the Board: The Board approved security guard patrols. , Page 44: Comments by the Soard; This matter has been taken care of. Page 4S: Commenta'by the Board: This matter has been taken care of. Page 46: Comments 'by the Board: No comment. Page 47: Comments by the Board: There is a space problem that is going to take time to correct with new buildings. No comment. Page 50: Comments by the Board: The Board concurs. Page 51: Comments by the Board; This is beyond the Board~a control. Page 54: Commeata by the Board: Discussed; no action taken. Page 55: Comments by the Board: Courtesy to the public is the goal of all of the Departments. Page 56: Comments by the Board; The Board concurs. Comments oa ,~hg Interim ReQort Pages 64 and 65: Comments by the Board: The Soard is vitally interested in tecaaciliag the differences is the Auditor and Data Processing Offices. Supervisor Madigan asked that Mr. Nickelson contact the Intergov- ernmental Board to get the draft. All parties should be guided by the recommendations and suggestions of the report. 77-1773 ADOPT RESOLUTION 77-152: RESOLUTION IN APPRECIATION OF HUTTE COUNTY LEGAL SECRETARIES ASSOCIATION On motion of Superviaor Madigan, seconded by Supervisor Lemke and unanimously carried, Resolution 77-152 in appreciation of the Butte County Legal Secretaries Association was adopted and the Chairman authorized to sign. 77-17.74_DTSCUSSION: MEND FROM THE AUDITOR RE: SERVICE AREAS Clif Nickelson, Administrative Officer, stated that the matter of the lighting district in Oroville would be back on the agenda in the near future. 77-1775 APPOINTMENT TO CITIZENS ADVISORY CDI~iITTEE ON WATER ', Barbara 3eawe1l of Chico was appointed a member to Che Citizens Advisory Committee on Water. Page 457 September b, 1977 ~'" ~ September 6, 1977 s s s a n s n s s s a a a s a o m a s o a a s m m x e x ,e r o s s m c 77-7.77b AUTHORIZE LETTER TO 8E SENT RE: YOLO WATER TRANSFER PROJECTS On motion of Supervisor Madigan, seconded by Supervisor Lemke and unanimously carried, the comments on the draft letter submitted was adopted and a letter was authorized to be sent. 77-1777 AMEND ACTION IN MINUTE ITEM 77-1744 RE: PiJBLTC DEFENDER CONTRACT On motion of Supervl.aor Madigan, seconded by Supervisor Lemke and unanimously carried, the action in Miaute Item 77-1744 regarding Public Defender Contract was amended to read for a 3 year period. 77-1775 ADDITIONAL MATTER PRESENTED BY SUPERVISOR MADIGAN Supervisor Madigan stated that he would be unable to attend the RCRC meeting ae the date hae been changed. It is conflict with the meeting with the Governor. ADJOURNMENT There being nothing further before the Board at this time, the meeting was adjourned at 12:05 p.m. to reconvene an Tuesday, September 13, 1977 at 9:00 a.m. ATTEST: CLARK A. NELSON, COUNTY CLERK BY ~`~-~ ~` ~ Chi airmaa~ard~ rvisors Board of Supervisors Clerk Page 458 September 6, 1977