HomeMy WebLinkAboutM101177October 11, 1977
STATE OF CALIFORNIA )
). SS.
COUNTY OF BUTTE )
The Board of Supervisors met at 9:00 a.m. pursuant to adjournment.
Present: Supervisors Lemke, Madigan, Moseley, Winston and Chairman Richter.
Clif Mickelson, Administrative Officer; Dan Black stock, County Counsel, and
Clark A. Nelson, County Clerk by Cathy Pitts, deputy,Clerk.
Pledge of Allegiance to the Flag of the United States of America.
Invocation by Supervisor Lemke
77-1951 APPROVAL OF MINUTES
On motion of Supervisor"Lemke, seconded by Supervisor Moseley
and unanimously carried, the minutes of October 4, 1977 were approved as
mailed with the correction to 77--1932 to include the following appointments
to Lime Saddle Community Service District: Bob Russell and Earl H. Rader.
77-1952 COMM[TNICATTONS
P.T.A. Traffic Safety Committee. The Committee writes in support of County
v ordinances regarding installation of curbs, gutters, and side-
~Q~• walks. Information.
~ Linda Meyer, Paradise. Mrs. Meyer appeals conditions of a parcel map
AP 54-142-21, two lots on the west side of Sawmill.: Road, 665
,~ feet south of Nunnelly•; Road to access strip, Paradise. Set
l ~j .~ S for hearing October 1$:, 1977 at 10:.45 a.m.
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James M. Johnson, Chico. Mr. Johnson appeals conditions of a parcel map
AP 47-37-01, three lots located on the south side of Keefer
Road, 1000 feet west of Hicks Lane, Chico. Set 'f or hearing
October 18, 1977 at 11:15 a.m
State TV Cable. State TV Cable is seeking an adjustment to their rate
schedule and request that the Board set a hearing regarding
this matter. Hearing to be set after City of Chico has
held hearing on the matter.
Upper Ridge Coordinating Council. The Council writes concerning a sales tax
subvention to the Fire Service Area No. 53. Administrative
~ Office to place on the agenda in late November. ~
Wanda May Bennett, Oroville.; Ms. Bennett submits a claim in the amount of j
$4,900 for damages reportedly incurred during a motor vehicle 1
accident with an Oroville City Police vehicle. See motion ,_..
following communications.
Wescott Christian Center, Oroville. The Church submits a claim in the
amount of $5,000 for property damage at the premises located
at 1542 14th Street, Oroville. See motion following communications.
Wescott Christian Center, Oroville. The Church submits a claim in the
amount of $5,000 for property damage at the premises located
/ D Q , ag at 2860 Foothill Blvd., Oroville. See motion following communication
City of Chico. The City writes regarding school sidewalks and bicycle
facilities and the need for these facilities to increase safety
4,~I,,Qa _ .., ;,:for school children. Referred to Public Works for report back
to the Board on October 18, 1977..
City of Chico. The City writes opposing the Chico-County Library site at
i~ East First Avenue and Sheridan and would like to be kept informed
of ali matters relating to the proposed library site. To be
,(j ~y placed on the Board's agenda on October 25, 1977 with City of
8 3 D Chico invited. Page 1
~ October 10, 1977
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October 11, 1977
', Vine Wheelock, Durham. Mr. Wheelock appeals-the negative declaration on
the proposed new location of steel mill supply on the former
corner of Durham-Oroville Hwy and Hwy 99. See motion following
!' 3,, 0 ~ communications.
George Bettencourt, Chico. Mr. Bettencourt writes in opposition to the
No Burn ordinance for County islands in the Chico area.
ao 9.0 ~ Discussed; no action taken.
Bachman Engineering, Chico. The Engineers, on behalf of Peachtree Subdivision,
appeal permanent drainage conditions and would lake to pay
$1,800 per acre deposit and install dry-wells, AP 43-OS-02.
~j 3.~ ~ Set for hearing October 18, 1977 at 11:30 a.m.
77-1953 RE3ECT CLAIMS
On motion of Supervisor Moseley, seconded by Supervisor Madigan
and unanimously carried, the following claims were rejected and referxed to
County Counsel and the insurance carrier:
1. Wanda May Bennett in the amount of $4,900 for damages
reportedly incurred during a motor vehicle accident with an Oroville City
Police vehicle.
2. Wescott Christian Center,in the amount of $5,000 for
property damage at the premises located at 1542 i4th Street, Oroville.
3. Wescott Christian Center,in the amount of $5,000 fox
property damage at the premises located at 2860 Foothill Blvd., Oroville.
77-1954 REFERRED TO PLANNING COMMISSION - CONSIDERATION OF ZONING ANA GENERAL
PLAN IN DURHAM-OROVILLE HWY AND HWY 99 - STEEL MILL SUPPLY
The notice of determination on the negative declaration was
filed on October 4, 1977. There is a 30-day appeal time after a notice
of determination has-been filed with the County Clerk. This appeal must
go to the Superior Court.
On motion of Supervisor Madigan, seconded by Supervisor Winston
and carried, the Planning Commission was asked to reconsider the zoning and
the General Plan in the Durham-Oroville Hwy and Hwy 99 area. AYES:
Supervisors Lemke, Madigan, Winston and Chairman Richter. NOES: Supervisor
Moseley.
77-1955 WAIVE FIRST READING: SALARY ORDINANCE AMENDMENT REMOVING THE BOARD OF
SUPERVISORS FROM THE REGULAR SALARY ORDINANCE.
On motion of Supervisor Madigan, seconded by Supervisor Lemke
and unanimously carried, the first reading of the salary ordinance amendment
removing the Board of Supervisors from the regular salary ordinance was
waived with the deletion of the retroactive lump sum payment.
77-195b PUBLIC HEARING: DRAFT ENVIRONMENTAL IMPACT REPORT AND AMENDMENT TO THE
LAND USE ELEMENT OF THE BUTTE COUNTY GENERAL PLAN
The public hearing on the draft environmental impact report
and amendment to the Land Use element of the Butte County General Plan was
held as advertised.
Hearing on the draft environmental impact report open to
the public. Appearing: No one.
Hearing closed to the public and confined to the Board.
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October 11, 1977
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October li, 1977
On motion of Supervisor Winston, seconded by Supervisor Lemke
and unanimously carried, because the Board has reviewed the contents of the
draft environmental impact report, the comments received thereon, and the
responses to those comments, the Board certifies that the final environmental
impact report has been completed in compliance with the California Environ-
mental Quality Act, the State EIR Guidelines and the Butte County Environ-
mental Review Guidelines.
Hearing on the amendment open to the public. Appearing:
1. .Tom McCrady. Mr. McCrady stated that he shared the concerns
of the Board about mapping all of the small acreages. Mr. McCrady stated
he was concerned with the wording surrounding and contiguous as it applies
to agricultural land.
Mr. Lawson, Planning Director, set out an example of how the
amendment would be used.
2. Hoyt Elkins, Executive Secretary, Butte County Farm Bureau.
Mr. Elkins stated that the Farm Bureau has concerns about the land use and
the wording of the amendment is not precise enough for zoning of agricultural
land unless there is careful attention paid. The farmers want to be a
part of the formalization of the land use plan.
Hearing closed to the public and confined to the Board.
On motion of Supervisor Lemke, seconded by Supervisor Madigan
and unanimously carried, the adoption of this amendment may have significant
effects on the environment, and no mitigation measures can be applied at
this time to reduce or eliminate these significant effects. Mitigation
measures can be applied to individual development projects which may be
approved in the future pursuant to this amendment. In. spite of the above-
mentioned possible adverse environmental effects, this-Board finds approval
of the amendment to be warranted because of the following overriding
considerations:
1. The present general plan land use map fails to recognize
existing urban developments and serves as a barrier to the logical develop-
ment of these areas. The amendment is most expedient method of permitting
such development to occur, with possible resulting social and economic
benefits.
2. Individual projects are subject to individual environmental
review, thus providing further protection to the environment and to the
public from possible health hazards and nuisance conditions.
the Board certifies that the EIR was considered in arriving at a decision.
77-1957 PUBLIC HEARING: ART THOMpSON - APPEAL OF ADVISORY AGENCY DF'~iIAL OF
TENTATIVE PARCEL MAP, FOUR LOTS, AP 42-09-24 AND 31, NORTH SIDE OF KENNEDY
AVENUE, WEST OF INTERSECTION OF NORD AVENUE, CHICO
The continued public hearing on the Art Thompson appeal of
Advisory Agency denial of tentative parcel map, four lots, AP 42-09-24 and
31, north side of Kennedy Avenue, west of intersection of Nord Avenue,
Chico was held as continued. Clay Castleberry, Public Works Director,
set out the background of the appeal. This was postponed until the
amendment was adopted for consideration under the amendment.
Hearing open to the public. Appearing: Art Thompson.
Mr. Thompson stated that the parcels are contiguous on both side to
developments.
Hearing closed to the public and confined to the Board.
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October 11, 1977
October 11, 1977
T The matter is continued to later in the meeting.
77-1958 PUBLIC HEARING: JOHN A, SHELTON - REZONE FROM "A-2" (GENERAL) TO "R-3"
(MEDIUM DENSITY RESIDENTIAL) PROPERTY LOCATED ON THE NORTH SIDE OF SHASTA
AVENUE, APPROX. .360 FEET EAST OF ESPLANDE,,TDENTTFIED AS AP 44-053-02,
CHICO: ADOPT ORDINANCE 1868
The continued public hearing on John A. Shelton rezone from
"A-2" (General) to "R-3" (medium density residential) property located on
the north side of Shasta Avenue, approximately 360 feet east of Esplande,
identified as AP 44-053-02, Chico was held as continued.
Hearing 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 Madigan
and unanimously carried, the rezone from "A-2" to "R-3" was approved with
the findings that the project may have a significant effect on the environ-
ment and that there are no feasible mitigation measures to reduce or eliminate
this significant effect. Despite the potential for adverse environmental
effects, approval is warranted because of the following overriding consid-
eration: Agriculture is no longer the highest and best use of the property
because of the encroachment of urban development. The proposed zoning
would permit an urban use which harmonizes well with the surrounding uses;
with the findings that this is consistent with the General Plan as set
out by the recent amendment, in view of the fact that urban uses are
contiguous and surrounding the proposed project; with the findings that
the certification of the ETR was considered in arriving at the decision;
Ordinance 1868 was adopted and the Chairman authorized to sign.
77-1959 CONTTNUID PUBLIO HEARING: ART THOMPSON - APPEAL OF ADVISORY AGENCY
DENIAL OF TENTATIVE PARCEL MAP, FOUR LOTS, AP 42-09-24 AND 31, NORTH SIDE
OF KENNEDY AVENUE. WEST OF INTERSECTION OF NORD AVENUE. CHICO
The continued public hearing on Art Thompson appeal of
Advisory Agency denial of tentative parcel map, four lots, AP 42-09-24 and
31, north. side of Kennedy Avenue, west of intersection of Nord Avenue, Chico
was held as continued from earlier in the meeting.
On motion of Supervisor Winston, seconded by Supervisor Madigan
and unanimously carried, the appeal of Art Thompson was denied.
77-1960 PUBLIC HEARING: JOE LEE - APPEAL ADVISORY AGENCY'S CONDITION ON TENTATIVE
PARCEL MAP RELATING TO DRAINAGE DEPOSIT, AP 46-30-64, TWO LOTS, NORTH SIDE
OF CHICO CANYON__ROAD _600 FEET WEST OF MANZANITA AVENUE, CHICO.
The public hearing on the Joe Lee - appeal Advisory Agency's con-
dition on tentative parcel map relating to drainage deposit, AP 46-30-64,
two lots, north side of Chico Canyon Road, 600 feet west of Manzanita Avenue,
Chico was held at this time. Clay Castleberry, Public Works Director, set
out the background of the appeal.
Hearing open to the public. Appearing:
I. Russ Kroninger, Riegel and Associates. Mr. Kroninger stated
that Mr. Lee`s property could not be divided to a smaller size due to the
percolation tests on the property. There will be a five-foot dedication
for drainage on the final map. Mr. Kroninger stated that the chart for
the requirement of drainage fees was not correct and did not apply to
this property because of the percolation requirements.
2. Joe Lee. Mr. Lee stated that he was dividing the property
into two lots. The only reason for this was for taxes. The cost
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October 11, 1977
October 11, 1977
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of the drainage deposit would be out of the question. Mr. Lee stated that
there would be no problem of drainage.
Hearing closed to the public and confined to the Board.
It was moved by Supervisor Madigan that the appeal be denied.
Mr. Castleberry stated that he felt that the minimum drainage
for that area was less than the $1.,800. This would be more than the fair
share of the assessment district.
Supervisor Madigan withdrew his motion.
The matter is continued to October 18, 1977 at 11:30 a.m. for
proposal of negotiated fees.
RECESS: 10:40 a.m.
RECONVENE: 10:50 a.m.
77-1961 ADOPT ORDINANCE 1869: PUBLIC HEARING: LOUIS C. NOFREY - REZONE FROM
"AR-MH'' (AGRICULTURAL-RESIDENTIAL MOBILE HOME) TO "C-1" (LIGHT COMMERCIAL)
PROPERTY LOCATED ON THE SOUTHEAST CORNER OF KUSEL ROAD AND LINCOLN BLVD.,
IDENTIFIED AS AP 36-292-O1, CONTAINING 3.22 ACRES, MORE OR LESS, OROVILLE
The public hearing on the Louis C. Nofrey rezone from "AR-MH"
(agricultural residential-mobile home) to "G-1" (light commercial) property
located on the southeast corner of Kusel Road and Lincoln Blvd., identified
as AP 36-292-01, containing 3.22 acres, more or less, Oroville was held as
continued.
Hearing open to the public. Appearing: Louis Nofrey. Mr.
Nofrey stated that commercial .property was on all sides of his property.
Hearing closed to the public and confined to the Board.
On motion of Supervisor Winston, seconded by Supervisor Lemke
and unanimously carried, the rezone from "AR-MH" to "C-1" was approved
with the findings that a negative declaration eras adopted by the Board on
March 16, 1977 and the project is consistent with the General Plan;
Ordinance 1869 was adopted and the Chairman authorized to sign.
77-1962 PUBLIC HEARING: FEATHER RIVER MAN[TFACTURING, INC., BANGOR - APPEAL
THE PLANNING COMMISSION'S DENIAL OF REQUESTED REZONE FROM A-5 TO M-i FOR
PROPERTY LOCATED ON THE SOUTHWEST CORNER OF ROBINSON MILL ROAD AND LaPORTE
ROAD, IDENTIFIED AS A PORTION OF AP 28-18-333 BANGOR.
The public hearing on the Feather River Manufacturing, Inc.,
Bangor appeal of the Planning Commission's denial of requested rezone from
A-5 to M-1 for property located on the southwest corner of Robinson Mill
Road and LaPorte Road, identified as a portion of AP 28-18-33, Bangor was
held as advertised. Earl Nelson, Environmental Review Director, set out
the background of the negative declaration.
Hearing on the negative declaration open to the public. Appearing:
1. James Arnold. Mr. Arnold stated that the manufacturing is
clean-and there is no pollution and no noise.
2. Charles L. Brooks. Mr. Brooks stated that the manufacturing
was a nuisance and the air would be polluted.
3. Charles Fleming. Mr. Fleming stated that he was concerned
with the smog that might be caused.
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October 11, 1977
October ll, 1977
4. John Foster. Mr. Foster stated that the noise level would
be increased.
Hearing closed to the public and confined to the Board.
Discussion of the negative declaration had at this time.
On motion of Supervisor Lemke, seconded by Supervisor Madigan
and unanimously carried, the Board finds the proposed project could not
have a significant effect on the environment, and a negative declaration
was adopted.
Hearing on the rezone open to the public. Jim ,Law son, Planning
Director, stated that the project was in Timber Mountain area. The land
is remote.'-The zoning is A-5. There was no building permit issued for
the building. The building was suppose to be for agriculture use and a
building permit is not required.
Appearing:
1. James Arnold. Mr. Arnold stated that the building was first
used as a barn. The building was put up for the repair of heavy equipment
that Mr. Arnold has. It was not feasible for heavy equipment and Mr. Arnold
moved his machine shop to the property from Gridley. Mr. Arnold stated
that the company employees 20 people. Agriculture is not practical or
feasible on the property. Mr. Arnold stated that he would like to have
the property rezoned.
as a barn.
2. Bertha Ermatere. Ms. Ermatere stated that the barn was used
3> Patricia Philpot. Ms. Philpot stated that business was
greatly needed in the Bangor area. The agriculture zoning is unrealistic.
the hours that the shop is open is from 8:OOa.m. to 4:30 p,m.
4. Jim Pendix. Mr. Pendix stated that he was opposed to the
rezoning.
5. Glen Williams, Bangor Community Club. Mr. Williams presented
the Board with a letter from the Club in support of whatever is required
to allow the shop to remain in operation.
6. Dixie Hill. Ms. Hill stated that she was an employee of
Feather River Manufacturing. Ms. Hill stated that she was in favor of
the rezone. Ms. Hill submitted a petition with 150 names in favor of
the rezone.
7. Frank Harvey. Mr. Harvey stated that he was in favor of
the rezone. The property is not suited to agricultural uses.
8. Kathy Fostex. Ms. Foster presented the Board with four
letters in opposition to the rezoning.
9. Charles Fleming. Mr. Fleming stated that he thought that
Mr. Arnold had obtained a permit to buildathe building. Mr. Fleming stated
that the property was c3ose'.to theeYuba-Butte line. Mr. Fleming would like
to know how many people speaking are from Yuba County and how many are from
Butte County?
10. James Hillis. Mr. Hillis stated that there is noise from the
manufacturing business. Mr. Hillis is a neighbor of Mr. Arnold's and is
opposed to the rezone. Page 6
October 11, 1977
October 11, 1977
- 11. Larry Adamson. Mr. Adamson stated that if one person could
have the zoning changed then anyone else could do it. This would end
agricultural zoning in the area.
12. June Arnold. Mrs. Arnold stated that Bangor had no industry.
-Mrs Arnold stated that she did not object to the business. Mrs. Arnold
stated that she was in favor of the rezone.
abided by.
13. John Foster. Mr. Foster stated that the laws should be
Hearing closed to the public and confined to the Board.
Chairman Richter stated that Mr. and Mrs. Arnold should petition
the Planning Commission and ask them to hold hearings on an amendment to
the General Plan.
On motion of Supervisor Moseley, seconded by Supervisor Madigan
and unanimously carried, the appeal was denied because it is not consistent
with the General Plan.
RECESS: 12:10 p.m.
RECONVENE: 12:15 p.m.
On motion of Supervisor Madigan, seconded by Supervisor Moseley
and unanimously carried, the petition was returned to the Arnolds without
prejudice.
77-19b3 PUBLIC HEARING: PAUL A. RENE - CONSIDERATION OF NEGATIVE DECLARATION
AND REZONE FROM "A-R" (AGRICULTURAL-RESIDENTIAL) TO "AR-MH" (AGRICULTURAL
RESIDENTIAL-MOBILE HOME) PROPERTY LOCATED ON THE NORTH SIDE OF EDEN ROAD
APPROX. 1/4 MILE WEST OF SCOTTWOOD ROAD, IDENTIFIED AS AP 55-17-20, CONTAINING
0.85 ACRES MORE OR LESS PARADISE - ADOPT ORDINANCE 1870
The public hearing on the PauliA. Rene consideration of a
negative declaration and rezone from "A-R" (agricultural-residential) to
"AR-MH" (agricultural residential-mobile home) property located on the north
side of Eden Road approximately 1/4 mile west of Scottwood Road, identified
as AP 55-17-20, containing 0.85 acres, more or less, Paradise was held as
advertised.
Hearing on the negative declaration open to the public. Appearing;
Janice Rene. Mrs. Rene stated that the rezoning is a minor change and a
negative declaration should be adopted.
Hearing closed to the public -and confined to the Board.
On motion of Supervisor Winston, seconded by Supervisor Lemke
and unanimously carried, the Board finds the proposed project could not
have a significant effect on the environment, and a negative declaration
was adopted.
Hearing on the rezone open to the public. Appearing: Janice
Rene. Mrs. Rene stated that the rezone was necessary in order to apply
for an Aunt Minnie on the property.
Hearing closed to the public and confined to the Board.
On motion of Supervisor Lemke, seconded by Supervisor Moseley
and unanimously carried, the rezone was approved with the findings that
it is consistent with the General Plan; a negative declaration was adopted;
Ordinance 1870 was adopted and the Chairman authorized to sign.
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October 11, 1977
October 11, 1977
77-1964}ADOPT ORDINANCE 1871: PUBLIC HEARING: B. C. AND FLO BARNETT - NEGATIVE
DECLARATION AND REZONE FROM "A-2" (GENERAL) AND "A-H" (SCENIC HIGHWAY) TO
"PA-C" (PLANiVED AREA-CLUSTER) PROPERTY LOCATED ON THE WEST SIDE OF PEi9TZ-
MAGALIA HWY. CONTAINING-18.5 ACRES MORE OR LESS PARADISE.
The public hearing on the B. C, and Flo Barnett negative declaration
and rezone from "A-2" (general) and '*A-H" (scenic highway) to "PA-C" (planned
area-cluster) property located on the west side of Pentz-Magalia Hwy.,
containing 18.5 acres, more or less, Paradise was held as advertised.
Hearing on the negative declaration open to the public. Appearing:
Barney Barnett. Mr, Harnett stated that the project preserves the trees
and enhances the whole community.
Hearing closed to the public and confined to the Board.
On motion of Supervisor Winston, .seconded by Supervisor Moseley
and unanimously carried, the Board finds the proposed project could not
have a significant effect on the environment, and a negative declaration
was adopted.
Hearing on the project open to the public. Appearing: No one.
Hearing closed to the public-and confined to the Board.
,Tim Lawson, Planning Director, stated that the map would have
to be approved at the same time as the rezone since this is a PA-C rezoning.
The conditions of approval are to be placed on the map and the development
plan become a part of the rezone.
On motion of Supervisor Winston, seconded by Supervisor Lemke
and unanimously carried, the project is in keeping with the General Plan;
the negative declaration has been accepted; noting that the proposed project
PA-C is in keeping with the nature on the parcel;-subject to the following
conditions:
1, Submit road and drainage plans to the Dept. of Public Works for approval
and install the required facilities.
2. Provide 20 ft. radius property line returns at all street intersections.
3. Indicate a 55 ft. building setback line from the future centerline of
Pentz.
4. Street signs shall be provided by the developer at all street inter-
sections per County requirements. (Submit 5 alternate names for each
street to the County address coordinator for approval of street name).
5. Deed 40 ft. from the future centerline of Pentz-Magalia to the County
of Butte.
6. Construct half street section on Pentz-Magalia Hwy. with standard road
approach to RS-3 major road geometric standard. Mina;mum structural
section to be 0.20 ft. AC and 0.80 ft. AB with fog seal and 95% relative
compaction. Submit design to County Dept. of Public Works for approval.
"R" value determinations and other data may be required to support
section design.
7. Provide permanent solution for drainage and deed 20 ft. drainage
easements to County of Butte. =~-
8. All easements of record to be shown on the final map.
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October 11, 1977
October 11, 1977
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. Comply with the water permit laws.
adopt ordinance 1871 and the Chairman.authorized to sign.
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77-1965 PUBLIC HEARING: NORMAN A. SMITH - APPEAL OF CONDITION OF AB~SORY
AGENCY ON TE-~TATIVE PARCEL MAP RELATING. TO DRAINAGE DEPOSIT, AP 47-30-04,
FOUR LOTS SOUTH SIDE OF KATHX LANE 653 FEET WEST OF GARNER LANE CHICO,
The public hearing on the Norman A. Smith appeal of conditions
of Advisory Agency on tentative parcel map relating to drainage deposit,
AP 47-30-04, four lots, south side of Rathy Lane, 653 feet west of Garner
Lane, Chico was held at this time.
Hearing open to the public. Appearing: Norman Smith. Mr.
Smith stated that he was appealing the drainage fee deposit. Mr. Smith
stated that there is no reference to a drainage plan and no requirement
for the plan-and no drainage map for the area. In view of the lack of
estimated cost, Mr. Smith stated that he requested suspension of the
drainage fee on the parcel.
Mr. Castleberry stated that the Board in the past .has allowed
divisions without a drainage plan if a deposit was required. Otherwise,
no divisions could take place until a plan were developed.
Hearing closed to the public and confined to the Board.
On motion of Supervisor Madigan, seconded by Supervisor Lemke
and carried, the appeal was denied. AYES: Supervisor Lemke, Madigan,
Moseley and Chairman Richter. NOES: Supervisor Winston.
77-1966 APPEARANCE: JAMES HANSOM OROVILLE.
Mr. Hanson stated that the Board approved a grant for the
District Attorney's Land Fraud Unit. The reason that was given for the
approval was that the Unit brought money into the County fund. Mr. Hanson
stated that he was opposed to this. '
77-1967 APPEARANCE: WALTER ZIMMERMAN. OROVILLE
Mr. Zimmerman stated that the dirt from the property that Mr.
Visteca is developing has been placed on his property. Mr. Zimmerman
stated that Mr. Visteca had promised to remove the dirt but has not done
it. The dirt is against a new chain-link fence.
Clay Castleberry to contact Mr. Visteca and ask that the dirt
be removed.
77-1968 APPEARANCE: EMILY FORTIER
Mrs Fortier stated that there was a problem with herbicides
destroying the trees and the fruit in the Chico area. Mrs. Fortier
presented the Board with letters regarding the problem.
Mr. Bandy, Agriculture Couunissioner, to be present at the
Board meeting of October 25, 1977 at 10:00 a.m. to discuss the matter.
77-1969 APPROVE REINSTATEMENT OF PROGRAMMER AT STEP D.
Jim Rackerby, Personnel Director, stated that there was a hardship
situation in a personnel matter. Mr. Wayne Angel, Programmer,~was layed
off two weeks before the personnel rules went into effect. Mr~Ange1 could
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October 11, 1977
October 11, 1977
have gone back at the D Step butt under the ~rixles^now he would have'~o -'be
started at the A Step. Mr. Rackerby'stated this is a reinstatement.
On motion of Supervisor Lemke, seconded by Supervisor Madigan
and unanimously carried, the reinstatement at the D Step for Wayne Angel
was authorized.
77-1970 PUBLIC HEARING: RALPH COIL - NEGATIVE DECLARATION AND APPEAL OF ADVISORY
AGENCY'S DENIAL OF TENTATIVE PARCEL MAP, AP 47-15-4S, TWO LOTS, INTERSECTION
OF CARMEN LANE AND NORD HIGHWAY, APPROX. ONE MILE SOUTHEAST OF TOWNSITE OF
NORD
The public hearing of Ralph Coil negative declaration and appeal
of Advisory Agency's denial of tentative parcel map, AP 47-15-48, two lots,
intersection of Carmen Lane and Nord Highway, approximately one mile south-
east of town site of Nord ..was held as continued.
Hearing open to the public. Appearing: Terry Cleland, representing
Mr. Coil. Mr. Cleland stated that the parcel is eligible for consideration
under the amendment to the General Plan.
It was felt that this property should be considered in the
general plan amendment that is being studied for the Nord area.
On motion of Supervisor Madigan, seconded by Supervisor Winston
and carried, the appeal was denied. AYES: Supervisors Lemke, Madigan,
Winston and Chairman Richter. NOES: Supervisor Moseley.
77-1971 PUBLIC HEARING: ROMA JEAN JOHNSON - APPEAL OF CONDITIONS ON A TkN'ia'r:.v~.'
SUBDIVISION MAP, AP 40-46-04, FOUR LOTS, SOUTH SIDE OF HUMBUG ROAD, SOUTH-
EAST CORNER OF HUMBUG ROAD AND SKYWAYt PARADISE
The public hearing on the Roma Jean Johnson appeal of cnnditions~~
on a tentative subdivision map, AP 4D-46-04, four lots, south side of Humbug
Road, southeast corner of Humbug Road and Skyway, Paradise was held at this
time. Clay Castleberry, Public Works Director, set out the background of
the appeal.
'.-Nearing open to the public. Appearing: S. K. Hann. Mr. Hann
stated that the appeal is on the condition of the half section of road.
The road would have to be taken out and replaced. It would be replaced
to the same condition as it is now. The County has done this part of
the road for the last two or three years. There is no change of use.
The buildings are there. There will be no new construction. The cost
would be about $50,000.
The matter is continued to October 25, 1977 at 11:30 a.m.
77-1972 DISCUSSION: FORMATION OF COUNTYWIDE SOCIAL SERVICE ADVISORY COMMISSION
Discussion of the formation of a countywide Social Service Advisory
Commission had at this time.
Discussion open to the public. Appearing:
1. Bob Crisan, Welfare Director. Mr. Crisan stated that he
had sent the Board a memo outlining what is being proposed. The Title 20
program is lamited. Mr. Crisan stated heat the agency was helpful in the
past and would be helpful in the future. An involvement in elective
services should be a county wide program not a program for the individual
cities. Mr. Crisan stated That the committee had been made up of five
members. This presented a problem in the past as it was often difficult
to get a quorum.
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October 11, 1977
October 11, 1977
It was-felt that the agency would be helpful in review services
that are duplicated within the County. The funds could be partly subvented
by the State. The committee could review the grants that are being applied
for so that duplication would not take place.
2. Marilyn Adams, United Way. Ms. Adams stated that she hoped
the Board would look into a comprehensive commission that would serve as
a coordinating council for both the public and private sector. The United
Way would be willing to share their knowledge and information with the
commission.
3. Carl Worley, Chico City Council. Mr. Worley stated that
the City was in favor of a coordinating council.. There are distinct
differences within the County. It would be more effective to have
four different social service committees in each of the areas of the
County. This would give a greater capacity to work on the problems.
Mr. Worley stated that the City encourages the Board to create a commission.
4. Martin Jeffries, Chico City Council. Mr. Jeffries stated
that the City Council is behind the concept. The committee would have to
come up with guidelines. Mr. Jeffries stated that it was time to get
started with the committee.
S. Harriet Weir, Chico. Ms. Weir stated that she felt badly
that the body had been dissolved. The private nonprofit organizations
are capable of responding to changes. There are boards and agencies that
can respond better than government.
6. Brenda Gaywick, United Way. Ms. Gaywck stated that she
would like to see the staff sit down with the United Way and work on a
solution.
The staff is to get together with the United Way and come up
with some form for the commission and the functions of it.
RECESS: 1:50 p.m.
RECONVENE: 2:45 p.m.
77-1973 ADOPT ORDINANCE 1872: WAIVE SECOND READING: SALARY ORDINANCE AMENDMENT
ESTABLISHING AN ADMINISTRATION BUILDING CONSTRUCTION COORDINATOR
On motion of Supervisor Winston, seconded by Supervisor Madigan
and unanimously carried, the.°seccitd:re83ng_of the salary.'ordinance.amendment
establishing an Administration Building Construction Coordinator was waived;
Ordinance 1872 was adopted and the Chairman t~uthorized to sign.
77-1974 ACCEPT WORK OF K. CONSTRUCTION, INC.: AUTHORIZED FILING OF NOTICE OF
COMPLETION - WOMEN'S EXERCISE YARD COUNTY SAIL
On motion of Supervisor Lemke, seconded by Supervisor Winston
the work of K, Construction, Inc. for the Women's exercise yard, County
Jail was accepted; authorized Chairman to sign Notice of Completion and
instructed Clerk to record said Notice of Completion with County Recorder.
77-1975 AWARD BID
On motion of Supervisor Winston, seconded by Supervisor Madigan
and unanimously carried, the bid for the apron repair, concrete valley
gutter and asphalt overlay for the FROC parking lot in the amount of
$19,.800 was awarded to Butte Creek Rock Company.
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October 11, 1977
October 11, 1977
77-1976 DISCUSSION:-CHICO ANIMAL SHELTER CONTINUED TO OCTOBER 18 1977
Discussion of the overcrowded conditions at the Chico Animal
Shelter had at this-time. There is a critical situation. The County
was unable to put any dogs in the City pound as it was overcrowded.
The dogs had to be taken to Oroville.
The matter is continued to October 18, 1977 for a report
on a central pauad•:eone"ept.
77-1977 AUTHORIZE APPROPRIATION OF $2,250 FROM THE RESERVE: AUTHORIZE CHAIRM&1N
TO NEGOTIATE AN AGREEMENT WITH CITY OF OROVILLE FOR CONST1tUCTION OF NIGHT
DROP BOXES AT ANIMAL SHELTER
On motion of Supervisor Madigan, seconded by Supervisor Moseley
and unanimously carried, an appropriation of $2,250 from the reserve was
authorized; Chairman authorized to negotiate an agreement with the City of
Oroville for the construction of night drop boxes at the Oroville Animal
Shelter.
77-1978 DISCUSSION: UNTREATED DOMESTIC WATER - CONSIDERATION OF ORDINANCE
PROHIBITING THE ISSUANCE OF BUILDING PERMITS WHEN UNTREATED SURFACE WATER
IS ALL THAT IS AVAILABLE FOR DOMESTIC PURPOSES
Discussion of untreated domestic water and consideration of an
ordinance prohibiting the issuance of building .permits when untreated
surface water is all that is available for domestic purposes. had at
this time.
It was felt that a public hearing should be held on the matter.
Hearing set £or November 1, 1977 at 9:45 a.m.
77-1979 AUTHORIZE PAYMENT OF UP TO 95% OF CONTRACT FOR ELECTRICAL UPGRADING CONTRACT
BUTTE COUNTY FAIR
On motion of Supervisor Lemke, seconded by Supervisor Winston
and unanimously carried, payment of up to 95% of the contract for the
electrical upgrading contract - Butte County Fair was authorized and the
Chairman authorized to sign.
77-1980 APPROVE BUDGET TRANSFERS "
On motion of Supervisor Winston, .seconded by Supervisor Madigan
and unanimously carried, the following budget transfers were approved:
B-025 Supplemental Manpower Program - youth planning grant.
Establishes-appropriations for the youth planning grant in the amount of
$16,514 as authorized by the Board of Supervisors on August 30, 1977,
Minute Order 77-1701 by grant application under the Federal Manpower Program.
B-026 Administrative Office - fixed assets. Transfers $590 from
County Counsel fixed assets - equipment to the Administrative Office fixed
assets - equipment for the purchase of eight Lanier Model CMC cassetes
(dictating machines).
77-1981 AUTHORIZE CONDITIONAL DISPOSITION PROCEDURE - HCD PROPERTY DISPOSITION
2435 D STREET
Ward Connerly, Connerly and Associates, stated that three or four
months ago a family bought praperty in the South Oroville area and applied
for the program to get rehabilitation for their home. It was not feasible
for the work to be done. The County could acquire the house from the family
and sell them the house that the County owns at fair market value. A loan
cannot be obtained at fair market value. John.3,ual*3.en is_iailling to
rehabilitate the house that the family owns if the County will make a loan
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October 11, 1977
October 11, 1977
atW3% interest and he will then rent~to low income families. The County
would provide the financing for the purchaseof the home being sold. This
is the most economical way of handling the matter.
On motion of Supervisor Moseley, seconded by Supervisor Madigan
and carried, the conditional disposition procedure for FICD property at
2435 D Street was authorized. AYES: Supervisors Lemke, Madigan and
Moseley. NOES: Supervisor Winston. ABSTAINING: Chairman Richter.
77-1982 APPROVAL OF LIST OF PROPERTY LISTED IN TIMBER PRESERVE ZONING CONTINUED
TO OCTOBER 18, 1977
The approval of the list of property listed in Timber Preserve
Zoning was continued to October '18, 1977.
77-1983 AUTHORIZE DISPOSITION OF OLD TAX ROLLS
On motion of Supervisor Lemke, seconded by 5upervisar Madigan
and carried, disposition of old tax rolls was authorized as follows:
1. No original roll for the year 1912 be destroyed.
2. The destruction of any original tax roll more than 12 years
old be approved first by the Board of Supervisors.
3. Tax rolls older than 12 years be donated to a college,
university or historical society.
AYES: Supervisors Lemke, Madigan and Chairman Richter. NOES: Supervisors
Moseley and Winston.
77-1984 APPROVE AGREEMENTS TO PURCHASE PROPERTIES - AP 43-09-04, 51-33-21
AND 51-33-22
On motion of Supervisor Madigan, seconded by Supervisor Lemke
and unanimously carried, agreements to purchase properties, AP 43-09-04,
51-33-21 and 51-33-22 were approved and the Chairman authorized to sign.
77-1985 REPORT TO BOARD BY DISTRICT ATTORNEY RE: PROGRESS OF INVESTIGATION OF
MERIDIAN-MUNJAR SUBDIVISION TAKEN OFF AGENDA
The report to the Board by the District Attorney regarding progress
of the investigation of the Meridian-Munjar subdivision was taken off the
Agenda.
77-1986 APPROVE CONTRACT CHANGE ORDER N0. 1: ACCEPT WORK OF ROBINSON CONSTRUCTION
eo. FOR PENTZ-MAGALIA HWY. AT BILLE ROAD PROJECT (45471-77-1): AUTHORIZED
FILING 6F NOTICE OF COMPLETION
On motion of Supervisor Madigan, .seconded by Supervisor Lemke
and unanimously carried, CCO f~l in the increasing amount of $2408.05 for
asphalt and authorizing transfer from SB325 completed funds was approved;
accepted the work of Robinson Construction Co for the Pentz-Magalia Hwy.
at Bi11e Road Project (45471-77-1}; authorized the Chairman Co sign Notice
of Completion and instructed Clerk to record said Notice of Completion with
the County Recorder.
77-1987 ADOPT RESOLUTIONS 77-161 77-162 77=i63: SUMvi1ARY ABANDONMENT
On motion of Supervisor Winston, seconded by Supervisor Moseley
and unanimously carried, the following Resolutions were adopted and the
Chairman authorized to sign:
1. Resolution 77-lbl: Summary abandonment of a portion of
Oro-Bangor Hwy. and Foothill Blvd; authorized Chairman to sign quit claim
deed.
2. Resolution 77-162: Summary abandonment of a portion of
Reservoir Road, Palermo-Citrus tract.
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October 11, 1977
October 11, 1977
3. Resolution 77-163: Summary abandonment of drainage easement
no longer needed for Lot 151 of Kelly Ridge Estates, Unit 1.
77-1988 AWARD BID
On motion of Supervisor Lemke, seconded by Supervisor Madigan
and unanimously carried, the bid on the South Oroville HUD project was
awarded to Baldwin construction in the amount of $189,735.
77-1989 AWARD BID
On motion of Sugervisor Moseley, seconded by Sugervisor Madigan
and unanimously carried, the bid on the Skyway Bridge at Little Ghico-Butte
Creek Diversion Project No. 51261-76-3 was awarded to Tom Stuart in the
amount of $104,188.92; authorized the auditor to bring back a transfer
from other SB325 completed funds.
77-1990 AUTHORIZE INCREASE IN CONTRACT OF $3,000 FOR REFLECTIVE MARKING
PROGRAM - LOWER HONCUT DURHAM HWY RIVER ROAD AND ORD FERRY ROAD PROJECTS
On motion of Supervisor Madigan, seconded by Supervisor Moseley
and unanimously carried, increase in contract of $3,000 for reflective
marking grogram - Lower Honcut, Durham Hwy., River Road and Ord Ferry Road
Projects was authorized and transfer of funds from the road reserve to
reflective marking program authorized.
77-1991 CONTINUED: WAIVING OF SECOND READING AND ADOPTION OF ORDINANCE -
UNIFORM SYSTEM OF STREET NAMES
Clay Castleberry, Public Works Director, stated that he would
like to have the waiving of the second reading and the adoption of the
ordinance on Uniform System of Street names continued until the Postmaster
at Chico is hapgy with it.
Matter taken off agenda at this time. Public Works to place back
on agenda.
77-1992 APPROVE MODIFICATION OF CONDITIONS: JOE LEE - APPEAL ADVISORY AGENCY'S
CONDITION ON TENTATIVE PARCEL MAP RELATING TO DRAINAGE DEPOSIT, AP 46-30-64,
TWO LOTS, NORTH SIDE OF CHICO CANYON ROAD, 600 FEET WEST OF MANZANITA AVE.,
CHICO: VACATE OCTOBER 181 19,77 HFARING_DATE
On motion of Supervisor Winston, seconded by Supervisor Moseley
and unanimously carried, the appeal of Joe Lee was sustained and modified
to require $1,000 per acre drainage deposit; October 18, 1977 hearing date
was vacated.
77-1993 CONTINUE APPOINIM_ENTS TO OCTOBER 18. 1977
The following agpointments were continued to October 18, 1977:
1. Appointment to Surface Mining Aggregate Operations Committee.
2. Apgointment to Chico-Butte County Chapmantown Housing and
Community Development Advisory Committee.
77-199+ APPOINTMENT TO OROVILLE CEMETERY DISTRICT
On motion of Supervisor Winston, seconded by Supervisor Moseley
and unanimously carried, Herman J. Cochran was appointed to the Oroville
Cemetery District.
77--I995 APPOINTMENTS CONTINUED TO OCTOBER I8. 1977
Appointments to the Citizens Advisory Task Force for the Butte
County General Plan Housing Element Update was continued to .October 18,.1977.
77-1996 APPROVE POLICY ANA PROCEDURE MANUAL SECTION 17.0'-:
On motion of Supervisor Lemke, seconded by Supervisor Winston
a nd unanimously carried, Policy and Procedure Manual Section 17.0 was
approved with the deletion of the last three words.
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October 11, 1977
October 11, 1977
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77-1997 APPROVE APPOINTMENT TO FARM BUREAU
On motion of Supervisor Winston, seconded by Supervisor Moseley
and unanimously carried, Warren Moffitt was appointed as a member of
the Butte County Farm Bureau.
77-1998 REPORT BY CHAI1~iIAN RICHTER RE: WATER MEETING
Chairman Richter reported on the recent water meeting that he
had attended. The meeting dealt with future water needs and was put on
by the Association of Water Agencies. The recent court decision on
the 160-acre limit will mean a derailment of water development in the
West. The people who have more than 160 acres will be charged a higher
amount for water over 160 acres.
The new requirements would provide that you are not going to be
able to get water for more than `160 acres. The requirements are that
the farmer who owns the land will have to live on the land or within 50
miles of the property. The excess land will have to be disposed of.
An agreement will have to be signed and recorded. If the regulations
are promulgated they would destroy California agriculture. It would
drive down the price of land.
There is going to be a meeting in the San Joaquin Valley.
The Board should have representation at the meeting. The water that
would come under the regulations would be projects that have been
funded by federal and state funds. The discussion was on water by the
year 2000. There willbeca:three million acre feet shortage. This is
not including ground water. There was discussion of damming the Eel
River.
On motion of Supervisor Winston, seconded by Supervisor Madigan
and unanimously carried, the Board is opposed to the enforcement of the
160-acre limit.
77-1999 ADDITIONAL MATTERS PRESENTED BY BOARD MEMBERS
Supervisor Madigan stated that he had attended the meeting
that Senator Ray Johnson held in Red Bluff regarding water. There was
a representation made at the meeting that Butte County was willing to
spend one quarter of a million dollars. Supervisor Madigan stated
that a Resolution had been passed in 1969 regarding statements to be
made by Board members and representatives of the Board. No statement
is to be made unless cleared by the Board.
Supervisor Madigan stated that the Governor would go to great
lengths to see his::water~progxam>,put-through :Supervisor Madigan
stated that he had been .trying to call Gray Davis at the Governor's
office and had been unsuccessful. Supervisor Madigan talked to Bob James
regarding the Eel and Russian Rivers. The counties want the Eel and
Russian rivers taken out of the wild rivers and dams placed on them.
This would benefit the counties and there would be additional water
supplies. The rivers in the northern part of the State are flowing
at a much slower rate than normal.
Chairman Richter stated that he had received a call from a
citizen asking that an ordinance be passed requiring that a fence be
built around every swimming pool. Discussed; no action taken.
77-2f~00 CO'NF~RM CANCELL~I~~O~Ty.OF .~1GR8_EMENT. WITH ;GOI.DEN:~GA~E iDISPOSAL C0: RE:
OROVIY,LE: TRt~NSE'ER:.,~ST~~ON
On mot,iaon, of~ $upeivisor I~f€> e1ey.,_ seconded- by Supervisor Winston
and unanimously ffarred, the eancellaton,•;of~-the ,agreement with Golden ,.
Gate Disposal-Co. regarding Oroville Transfer Station was confirmed.
Page 15:.
October lI, 1977
October 11, 1977
77-2001 ADDITIONAL MATTERS PRESENTED BY BOARD MEMBERS
Supervisor Winston stated that he would not be present next
week when the Conradson equipment rezone was being heard. Supervisor
Winston asked that the Board take a look at the property be proposed
in the rezone.
Supervisor Lemke stated that the dedication of the Upper Ridge
Fire Station will be held on October 16, 1977 at 2:30 p,m. The open
house will be from 1:00 to 4:-00 p.m. All of the Supervisors were invited
to the dedication.
Supervisor Madigan stated that there will be a water hearing
on the status of water in California on October 27, 1977. Supervisor
Madigan stated that someone should go and represent Butte County.
ADJOURNMENT
There being nothing further before the Board at this time, the
meeting was adjourned at 4:05 p.m. to reconvene on Tuesday, October 18,
1977 at 9:00 a.m.
ATTEST: CLARK A. NELSON, COUNTY CLERK
and ex-officio Clerk o£ the Board
BY~ Chairman Board of Supervisors
Board of Supervisors Clerk
Page 16.
October 11, 1977