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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
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September b, 1977
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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 _,
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September b, 1977
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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
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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
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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
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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
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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 _ •
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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 _
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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
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September 6, 1977
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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
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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