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HomeMy WebLinkAboutM102577October 25, 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 Nickelson, Administrative Officer; Dan Blackstock, 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 77-2060 APPROVAL OF MINUTES ', On motion of Supervisor Moseley, seconded by Supervisor Lemlce and unanimously carried, the minutes of October 18, 1977 were approved as mailed. On motion of Supervisor Lemke, seconded by Supervisor Moseley and unanimously carried, the minutes of September 13, 1977, Mainute Item 77-1786 was amended to read that the grant application was approved and should reflect that the Agricultural Commissioner/Air Pollution Control Officer was authorized to sign grant. 77-2061 COMMUNICATTONS Walter B. Barber, et a1, Paradise. A petition containing five signatures has been received appealing the issuance of a use permit to ', allow a duplex to be built on property zoned AR located approxi- mately 600 feet south of Roe Road, approximately 335 feet west of Wilson Lane, AP 55-04-04, Paradise. Set for hearing November 15 ,1977 at 9:45 a.mo Carl F. Hedquist, et al, Paradise. A letter containing 15 signuates has been received appealing the granting of a use permit for Gard on D. ', Anderson, M.D. to allow a doctor's office on property zoned A-2 Limited, located on the north side of Pearson Road, approximately 600 feet east of Libby Road, AP 54-152-26, Paradise. Set for hearing November 15, 1977 at 10:00 a.m. Veterans of World War I - Paradise Barracks No. 305, Inc., Paradise. The Organization nominates Don Montgomery to £ill the vacancy of Leonard Ellis of the Paradise Memorial Hall Committee. Sea motion following communications. Durham Trrigation District. The District requests that Sidney A. Greene be reappointed to the District for a four year term. See motion following communications. W. T. Larsen, Magalia. Mr. Larsen writes concerning the abandonment of ', a portion of Wood Drive in the Fir Haven Subdivision of Paradise. See motion following communications. Paul A. Rene', Paradise. ~'~etition is filed for variance to provisions of Section 19-10 and/or 19-12 of the Butte County Code for placement ', of a mobile home on AP 55-17-20, 5075 Eden Road, Paradise. Set for hearing November 15, 1977 at 9:30 a.m. Psychological 8ssociates, Chico. The Associates write in support of Parental Stress Program. Referred to item 23. ', Nancy Coolidge Coulter, President, Chico Area Council of Churches. The Council write in support of Parental Stress Program. Referred i to item 23. Gi11in, Jacobson and Wilson, Attorneys at Law. The Attorneys file a claim on behalf of Mr. ?<.,.:: Keeler against Butte County as a result of harrassment,in the amount of $5,000. See motion following communications. Page 31. '; October 25, 1977 October 25, 1977 77-2062 APPOINTMENT TO MEMORIAL HALL COMMITTEE - PARADISE ', On motion of Supervisor Lemke, seconded by Supervisor Winston and unanimously carried, Don Montgomery was appointed to the Paradise Memorial Hall Committee to fill the vacancy of Leonard Ellis. 77-2063 APPOINTMENT TO DURHAM IRRIGATION DISTRICT On motion of Supervisor Winston, seconded by Supervisor Lemke and unanimously .carried, Sidney A. Greene was reappointed to the Durham irrigation District for a four-year term. 77-206+ APPROVE REFUND OF FEES TO W. T. LARSEN FOR APPLICATION FOR ABANDON- ' MENT OF A PORTION OF WOOD DRIVE IN FIR HAVEN SUBDIVISION PARADISE On motion of Supervisor Lemke, seconded by Supervisor Moseley and unanimously carried, refund of filing fees to W. T. Larsen for application for abandanment of a portion of Wood Drive in Fir Haven Subdivision, Paradise was approved. 77-2065 REJECT CLAIM 0n motion of Supervisor Madigan, seconded by Supervisor Lemke and unanimously carried, the claim of Gillin, Jacobson and Wilson, on behalf of Mr. Robert Keeler, in the amount of $5,b00 as a result of harrassment was rejected and referred to County Counsel and the insurance carrier. 77-2066 WAIVE SECOND REAATNG: ADOPT ORDINANCE 1875: SALARY ORDINANCE AMENDMENT: IMPLEMENTING RESULTS OF CLASSIFICATION STUDY REQUESTS MADE IN THIS YEAR'S B UDGET ANA REFLECTS ORGANIZATION GRANGES WITHIN SEVERAL DEPARTMENTS INVOLVING CLASSIFICATION AND POSITION PAX ALLOCATION Jim Rackerby, Personnel Director, stated that the increase in cost for the remaining Fiscal year would be around $5,000. The maximum for next year's budget would be $13,000. This would be funded in part by GETA and in part by salary savings. Mr. Rackerby set out changes to be made in the ordinance. Oa motion of Supervisor Winston, seconded by Supervisor Madigan and unanimously carried, the second reading of the salary ordinance amendment implementing results of classification study requests made in this year's budget and reflects organization changes within several departments involving classification and position pay allocation was waived. On motion of Supervisor Winston, seconded by Supervisor Lemke and carried, Ordinance 1875, salary ordinance amendment, implementing results of classification study requests made in this year's budget and reflects orgainzation changes within several departments involving classification and position pay allocation was adopted and the Chairman authorized to sign. AYES: Supervisors Lemke, Winston and Chairman Richter. NOES: Supervisors Madigan and Moseley. 77-2067 APPROVE ADMINISTRATIVE OFFICE ITEM5 On motion of Supervisor Lemke, seconded by Supervisor Madigan and unanimously carried, the following Administrative Office items were approved: 1. Approved modification of Title I which would: (a) consolidate all Title I work experience programs into one work experience activity to facilitate administrative procedures; (b) establish wage rates for each work experience component; (c) eliminate employment preparation workshops for persons not enrolled in other CETA Title I activites; Page 32. October 25, 1977 October 25, 1977 and authorized Director to sign. 2. Approve Youth Employment and Training Program (YET) concept, guidelines and time schedule as adopted by OETAC. 3. Instructed the Personnel Director to submit preapplication for $64-,709 CETA funds to develop a Youth Community Conservation Improve- ment Pro3ect to be subcontracted through EOC. 77-2068 APPROVE EQUIPMENT PURCHASE - CHI CO WELFARE OFFICE On motion of Supervisor Winston, seconded by Supervisor Lemke and unanimously carried, purchase of six file shelves, at a cost of $660, and a small vault, at a cost of $300, was approved for the Chico Welfare Office. 77-2069 DESIGNATE MAILING OF BALLOT PAMPHLETS TO ONE PER HOUSEHOLD PER STJRNAME - PRIMARY ELECTION - AS PER SENATE BILL 65 On motion of Supervisor Winston, seconded by Supervisor Lemke and unanimously carried, mailing of ballot pamphlets to one per household per surname for the primary election as per Senate Bill 65 was designated. 77-2070 APPROVE LETTER OF INTENT TO APPLY FOR FUNDS - REGION C CRIMINAL JUSTICE PLANNING BOARD - PARENTAL STRESS PROGRAM - APPROXIMATELY $55,000: ADMINISTRATIVE OFFICER TO REPORT TO BOARD NOVEMBER 1, 1977 REGARDING MENTAL HEALTH FUNDING OF PROGRAIK On motion of Supervisor Winston, seconded by Supervisor Lemke and unanimously carried, a letter of intent to apply for funds for approximately $55,000 in support of a parental stress program was approved and the Chairman authorized to sign. Administrative Officer to report on November 1, 1977 regarding Mental Health funding for the program. 77-2071 DISCUSSION: COUNTY WATER ADVISORY COMMITTEE - CONTINUED TO NOVEMBER 8, 1977 FOR VIEWS OF BOARD MEMBERS TO BE PRESENTED Discussion of the County Water Advisory Committee's request for issuance of a formal statement as to the scope of their respoxieibility had at this time. It was felt that the Board members should write down their views on the scope of responsibility. The comments will be considered at the Board meeting on November 8, 1977. 77-2072 APPROVE BUDGET TRANSFERS On motion of Supervisor Lemke, seconded by Supervisor Moseley and unanimously carried, the following budget transfers were approved: B-27 Welfare Administration. Transfers $8,000 from salaries and wages to extra help in order to establish an appropriation to cover the use o£ extra help personnel in lieu of full-time employees. B-32 Community Action Program. Within the HEW components, transfers $5,000 from salaries and wages, with $4,592 going toward office supplies and $408 to transportation and travel. Within the Head Start Training and Technical Assistance portions transfers $240 from salaries and wages, $25 from employees benefits, and $790.74 from office supplies; with $198 going to professional and specialized services, $21 to special departmental expense, and $844.74 to transportation and travel. This transfer is necessary in order to cover anticipated expenditures through the end of the calendar year within the Head Start budget program account. Page 33. October 25, 1977 October 25, 1977 B-33 Community Action Program. The purpose of this transfer is to establish a budget far the EOC Rural Senior Service Project Grant from October 1, 1977 through September 30,.1978 which was approved by the State Department on Aging. Total amount of the grant is $96,528 and is comprised of $68,626 state aid, and $27,882 in-kind contributions. B-34_Public'Health - General Services. Transfers $3,000 from the major maintenance account within the Buildings and Grounds budget to the fixed assets account within the Public Health General Services budget. This transfer is necessary because of the decision to purchase a new heating and cooling unit rather than repair the cooling towers that presently exist. B-36 Welfare Administration. Transfers $1,536 from the reserve, and together with $4,224 in Federal Aid - Welfare, and $1,920 in State Aid Welfare, and $1,920 in State Aid - Welfare establishes an appropriation for rents and leases of structures in the amount of $6,720 and increases fixed assets in the amount of $960 to provide for lease payments of the Chico Welfare Branch for the period November 1,.1977 through June 30, 1978, and also for office equipment authorized to be purchased by the Board on October 25, 1977. 77-2073 APPROVE REVISED COMMUNITY FOOD AND NUTRITION GRANT SUBMISSION On motion of Supervisor Winston, seconded by Supervisor Moseley and unanimously carried, the revised Community Food and Nutrition Grant submission with a reduction from $68,000 to $25,000 becoming effective January 1, 1978 and operated through December 31, 1978 was approved and ', the Chairman authorized to sign. 77-2074 APPROVE COMMUNITY ACTION AGENCY ITEMS On motion of Supervisor Winston, seconded by Supervisor Madigan and unanimously carried, the following Community Action Agency items were approved: i. Approved revised Energy Con servation/Weatherization/Transpor- tation grant submission with a reduction from $104,000 to $68,750 with the program running from January 1, 1978 through December 31, 1978 and the Chairman authorized to sign. 2. Approved Technical Services Contract with the Butte-Glenn Family Service Association to provide training to Head Start staff in the identification of and referral procedures for child abuse and neglect for 72 hours of training in an amount not to exceed $936.80 and would operate from the period October 26 through December 31, 1977 and the Chairman authorized to sign. 3. Approved lease agreement between the Housing Authority and Head Start for pre-school program activities at the Farm Labor Camp in Gridley for a six month period beginning November 1, 1977 and ending April 30, 1978 for a monthly rental of $200 per month for a total of $1,200 and the Chairman authorized to sign. 77-2075 WAIVING OF SECOND READING AND ADOPTING OF ORDINANCE PROVIDING A UNIFORM SYSTEM OF NAIrIEE~ OF STREETS AND COVERING PROPERTIES AND PRINCIPLE BUILDINGS IN THE COUNTY OF BUTTE: APPROVAL OF ADDRESS AREA MAP WHICH SETS UP THE BOUNDARIES OF THE FOUR ADDRESSING AREAS - TARIId OFF AGENDA The waiving of the second reading and adoption of an ordinance providing a uniform system of names of sL-rees and covering properties and principle buildings in the Coun~ypf Butte and approval of an address area ', map which sets up the boundaries of the four addressing areas was taken off the agendao The matter was approved on October 18, 1977. Page 34. October 25, 1977 October 25, 1977 77-2076 APPROVE PUBLIC WORKS ITEMS On motion of Supervisor Madigan, seconded by Supervisor Lemke and unanimously carried,=the following Public Works items were approved: 1. Accepted the work of Butte Creek Rock Company for work on lime treatment of various county roads - LT 77-1; authorized Chairman to sign Notice of Completion and instructed Clerk to record said Notice of Completion with the County Recorder. 2, Approved release of maintenance bonds and accepted roads in Sunland Acres Subdivision Units No. lrxand 2 for maintenance. 3. Approved fares for the Paradise Express and Oro-Express at a cost of $.65 per ticket; if Title III Aging Funds become available as anticipated, the reduction will be $.50 with Aging Funds providing $.15 difference, 77-2077 PUBLIC HEARING DATES SET: The following public hearing dates were set: 1. A public hearing date of November 15, 1977 at 10:15 a.m. was set for Ray De1ze11 - negative declaration and rezone from "SR-1" (suburban- .. residential one acre lots) to "C-1" (light commercial) property located on the northwest corner of Muir Avenue and State Highway 32, identified as AP 42-30-18, containing 1.10 acres, more or less, Chico. 2. A public hearing date of November 15, 1977 at 10:30 a.m. was set for Gary Grigg - negative declaration and rezone from "SR-1" (suburban residential, one acre parcels) to "M-1" (light industrial) property located on the north side of Muir Avenue, approximately 750 feet west of Muir Avenue, identified as AP 42-30-04, containing 1.0 acres, more or less, Chico. 3. A public hearing date of November 15, 1977 at 10:45 a.m. was set for David Nelson, et a1 - negative declaration and rezone from "A-R" (agricultural-residential) to "R-1" (single family residential) and "SR-1" (suburban residential, one acre parcels) property located on both sides of Pentz Magalia Highway south of Pearson Road andYFeather River Place, Paradise. 77-2078 WAIVE FIRST READING :i!',ORDINANCE AMENDING SECTION 20-95 OF THE BUTTE COUNTY GODS ALLOWING ADVISORY AGENCY TO APPROVE BOUNDARYLINE ADJUSTMENT EVEN THOUGH ALL OF THE RESULTING PARCELS OR LOTS ARE STILL SITE-STANDARD. ', On motion of Supervisor Winston, seconded by Supervisor Madigan and unanimously carried, the first reading of the ordinance amending Section 20-95 of the Butte County Code allowing the Advisory Agency to approve boundaryline adjustment even though all of the resulting parcels or lots are still substandard was waived. 77-2079 RESOLUTION 77-174: RESOLUTION CLARIFYIId.GFILING FEES IN JUSTICE COURTS On motion of Supervisor Madigan, seconded by Supervisor Moseley and unanimously caxxied, Resolution 77-174 clarifying filing fees in Justice Courts was adopted and the Chairman authorized to sign. 77-20.80 APPROVE HOUSING AND COMMUNITY DEVELOPMENT ILFHABiLITATION ASSISTANCE LOANS: LOAN I - CLARK, IN THE AMOUNT OF $756 AT 3 PERCENT FOR SEVEN YEARS; LOAN II - JOHNSON IN THE AMOUNT OF $1,786 AT_ 6 PERCENT FOR TEN YEARS On motion of Supervisor Lemke, seconded by .Supervisor Madigan and carried, the Housing and Community Development Rehabilitation Assistance ', Loans for the following were approved: Page 35. October 25, 1977 October 25, 1977 - ~ 1. Loan I - Clark in the amount of $756 at 3 percent for seven years. 2. Loan II - Johnson in the amount of $3.,786 at 6 percent for ten years. AYES: Supervisors Lemke, Madigan, Moseley and Chairman Richter NOES: Supervisor Winston. 77-2081 AUTHORIZE ADMINISTRATIVE OFFICE TO SUBMIT GRANT APPLICATION FOR SOUTH 024VILLE WPA DITCH REPAIR IN THE AMOUNT OF $3.59,000 WITH THE FARMERS HOME ADMINISTRATION - HOUSING AND COMMUNITY DEVELOPMENT On motion of Supervisor Lemke, seconded by Supervisor Madigan and unanimously carried, the Administrative Office was authorized to submit a grant application in the amount of $159,000 with the Farmers Home Administration for the purpose of repairing the South Oroville WPA ditch. 77-2082 ADOPT Ar1ENAMENT TO HOUSING ASSISTANCE PLAN On motion of Supervisor Winston, seconded by Supervisor Moseley and unanimously carried, an amendment to the Housing Assistance Plan to facilitate HCD activities was adopted. 77-2083 REPORT: AGRICULTURAL COMMISSIONER RE: PROBLEMS OF HERBICIDES DESTROYING AND DAMAGING TREES IN CHICO AREA CONTINUED TO NOVEN38ER 1 1977 The report by the Agricultural Commissioner regarding problems of herbicides destroying and damaging trees in the Chico area was continued to November 1, 1977. 77-2084 PUBLIC HEARING: CENTER AGGREGATES, INC. - ENVIRONMENTAL IMPACT REPORT AND USE PERMIT TO ALLOW PORTABLE AGGREGATE PLANT ON PROPERTY ZONED "A-2" (GENERAL) LOCATED ON THE NORTH SIDE OF VANCE AVENUE, EAST OF THE SACRAMENTO NORTHERN RAILROAD RIGHT-OF-WAY, IDENTIFIED AS AP 25-042-12, NORTHEAST OF G RIDLEY The continued hearing on the Centex Aggregates, Tnc. environmental impact report and use permit to allow a portable aggregate plant on property zoned "A-2" (general) located on the north side of Vance Avenue, east of the Sacramento Northern Railroad right-of-way, identified as AP 25-042-12, northeast of Gridley was held as continued. Earl Nelson, Environmental Review Director, set out the background of the appeal. On June 7, 1977 the Board required that an EIR be prepared. Mr. Nelson read the summary of the draft EIR for the Board. Hearing on the ETR open to the public. Appearir~: 1. Phil Mace, Attorney representing some property owners along Vance Avenue. Mr. Mace stated that the report as presently drafted is not sufficient in at least one basic area. Mr. Mace stated that there is no data on the impact of the area on Vance Avenue and the handling of the traffic. There is no data on how thick and how long Vance Avenue will last. Mr. Mace stated that a bond of construction of a full section of road in compliance with the County standards should be required. The Board should not consider creating a use without requiring construction of a road to handle the used Supervisor Richter stated that the Board would have an option of providing bonding for reconstruction of the road as damage occurs or requirement of the construction of the road. Page 36. October 25, 1977 October 25, 1977 Supervisor Winston stated that the EIR talks about the road. The report talks about 20 trucks a day traveling the road. There are other areas in the Countytfi.at have more traffic during a day. At one time the State of California had an aggregate operation. Clay Castleberry, Public Works Director, stated that the County had a crushing site 15 or 20 years ago. Mr. Mace stated that a test should have been done on the road. The report should have indicated what standard of road is estimated to handle the trucks. Chairman Richter stated that road construction was discussed in the EIR. Mr. Mace stated that the noise analysis has little meaning to the people in the area. Mr. Mace stated that the impact on the xesidents isseanty~ and he would like to see something regarding noise impact put in wording that can be associated with. Chairman Richter stated that the noise study was complete and adequate. There is no real significant impact from the trucks-and they will be the main noise sources.. Mr. Mace presented an exhibit to the Board from Philip A. Lydon, Registered Geologist, regarding the water quality of the wells. 2. Neil McCabe, Attorney representing Centex. Mr. McCabe stated that the EIR is complete and should be certified. This is the first hearing on the draft EIR. Many of the issues have been discussed previously. 3e Wes Paulsen, Registered Geologist and Consultant. Mr. Paulsen presented an exhibit to the Board regarding any possible effects upon the ground water of the area proposed for the Aggregate plant. Mr. Paulsen stated that he had reviewed this mater with the State Water Quality Control Board and the graphs indicate that under normal conditions there is no pathological transmittal over 160 feet away. It attaches itself to the materials in the ground and then dies. Any viral excavation does not add contamination but improves the contamination situation by removal of stagnate ponds. Underground streams do not exist in alluvial rock. It is a slow movement between the rocks. The question of turbidity movement from the dredging in the ponds to the wells is ridiculous. Mr. Paulsen stated that he had studied George Stamen's report on Butte County. The flow of the water is to the South and East. ~. Patrick Porgans. Mr. Porgans stated that he would like to know if Mr. Paulsen made the core tests. Mr. Paulsen stated that his drill rig made the tests, and that some were made by someone 'else Mr. Paulsen stated that he went out and looked at the work. He examined the logs and borings. Some of the core tests were made about a year ago and some more recently. Mr. Porgans stated that he had contacted the Department of Water Resources and the Corp of Engineers and that the information on the ground water in this area is vague. The well drillers in the axea were unable to come up with the information supplied by Mr. Paulsen. An accurate reading is difficult to do in the course of one time, Mr. Porgans stated that his information shows that the average well Page 37. October 25, 1977 October 25, 1977 is 38 feet. The water table is sitting at 19 feet right now. Mr. Porgans stated that he would like to know if Mr. Paulsen had taken any core tests away from the project site heading westerly. Mr. Porgans presented an exhibit to the Board regarding the depths of wells. Mr. Paulsen stated that fax five years he collected all the logs and core tests for the Chico area. Tt makes no difference wlaether the wells average 38 or 50 feet. This had ne bearing on the rate of contamination. Mr. Paulsen stated that he looked at all of the variations in the materials. The flow of water would not be any .different. 5. Wayne Perkins, Vance Avenue. Mr. Perkins stated that he would like for the Board to have the distance of the Dunlap's well measured. The well is closer than 50 feet from the project. ', 6. Jim Farra, Matthews Ready Mix. Mr. Farrar stated that the excavation would be over 500 feet away from the Aunlap well. Mr. Farra pointed out on the map where the operation would take place and where the map is located. 7o Mr. McGrath. Mr. McGrath stated that the earth in the area was not all gravel. There is a great deal of hard pan in the area. This can be seen at the Forebay. Hearing on the EIR closed to the public and confined to the Board. On motion of Supervisor Winston, seconded by Supervisor Moseley and unanimously carried, because the Board has reviewed the contents of the draft environmental impact report, the coumients received thereon, the responses to those comments., and the testimony and statements submitted relative to ground water and the testimony of Mr. Paulsen, the Board certifies that the final environmental impact report has been completed in compliance-with the California Environmental Quality Act, the State EIR Guidelines and the Butte County Environmental Review Guidelines. RECESS: 10:17 a.m. RECOAiVE~TE: 10:30 a.m. Jim Zawson, Planning Director, read-the ten conditions placed on the use permit by the Board of Zoning Adjustment. Mr. Castleberry stated that the repair of the road would be a judgment decision made by the Public Works Department. Mr. Castleberry stated that he thought that the existing road surface would probably hold for some time. The road is reasonably narrow. Hearing on the project open to the public. Appearing: in opposition. 1. Phil Mace. The use is in conflict with the General Plan. The proposed use sought will create a noise and dust nuisance .for the people and their means of agriculture. There are no effective mitigation measures that are suggested. The vitality of the orchards will deteriorate. The dust operation will be harmful to the agriculture. There will be a traffic nuisance to the people and the public. The project will change the nature of the neighborhood and will affect the health of the people. Page 38. October 25, 1977 October 25, 1977 W ~ 2. Patrick Porganss Mr. Porgans stated that Vance Avenue is the main access road into the Oroville Wildlife area. The Board should consider that the widest part of the road is 18 feet. 3. Joseph Vance. Mr. Vance asked if the Board would guarantee that there will be only 20 trucks a day? Appearing for the proponents. 1. Gordon Matthews., Centex. Mr. Matthews stated that he planned to pave the approach from Vance Avenue into the project, and into the scales. The average trucks in any day is 20 trucks. It could be more or less. Mr. Matthews stated that he did not expect to start the plant before three years. The only operation at this time would be removal of raw materials to add to the sandy material at the Gridley plant. Mr. Matthews stated that he would have to conform to the Reclamation Plan that is filed with the State and the County when the operation of the plant takes place. There are a lot of trucks that are not owned by Matthews Ready Mix haul gravel out of the Gridley and Oroville sites. The biggest users are Butte County, whether it is leased trucks or County trucks. The biggest problem of keeping the road swept is at the inter- . section. Mr. Matthews stated that he would be in favor of putting a speed limit on the road. Mr. Castleberry stated that at the present time there is not enough traffic to warrant a left turn lane. Supervisor Richter questioned Mr. Matthews regarding the placement of a bond for reconstruction of the road for damage. Mr. Matthews stated that he hated to see a precedent set Iike that. Dan Blackstock, County Counsel, stated that unless there is a provision to specifically provide for repair of the road after deterioration of the road combined with a condition that the road would be reconstructed within 5 or IO years it would not be any good. Condition 5 is rather vague. There should be something firm in the condition. Mr .- Castleberry stated that the Board could place a condition on the use permit that if the work was not done within 30 days after written notice the use permit is terminated. Mr. Blackstock stated that this would not be a good idea for the condition. Supervisor Lemke stated that the entire project is under the judgment of the Public Works Director as he controls the Reclamation Plan requirements. Mr. Blackstock stated that it would be preferable if the condition on the road repair be placed in the use permit instead of the Reclamation Plan. The Plan deals with the condition of the ground itself and what they are going to do afterwards. Mr. Matthews stated that ,Ehe is not opposed to taking care of the damage that his company does. 2. Neil McCabe. Mr. McCabe stated that the use would be some- what intermittent. Mr. McCabe stated that the bonding companies would not Page 39. October 25, 1977 October 25, 1977 be willing to pay any money unless their was a lawsuit. The automatic suspension of the use permit would give the Board all of the leverage it would need. Mr. McCabe stated that the tightening up of the condition would be a better way to go. The area is a good source of materials and it is needed for agriculture. It is a product for nmany uses. It would be easy to transport to 0roviTle and Gridley. There is no conflict with the General Plan. This parcel is not agricultural. Excavation is permitted in agricultural zoning. This use is not inconsistent with the General Plan. The approval of the use permit should include the Reclamation Plan. It is an intergal part of the project. The Board of Zoning Adjustment included the Reclamation Plan and the Excavation Permit in its hearings. Discussion of whether the publication included the Reclamation Plan and the Excavation Permit had at this time. Earl Nelson stated that the Reclamation Plan and the Use Permit were both considered in the environmental process.. Appearing in rebuttal: 1. Phil Mace. Mr. Mace stated that the applfcant was a foreign corporation. An out of state corporation can pull out and not comply with the conditions. Trucks are a problem when it comes to damage to roads. Mr. Mace stated that the road should be built to standards that are applicable to trucks and then the permit could be issued. There should be a condition made in the permit that would help in case of contamination of wells. Mr. Mace stated that a condition of the permit should be that the noise level be kept within a certain range. There should be a trip limit of 20 trucks per day. 2. Neil McCabe. Mr. McCabe submitted the annual report of the Centex Corporation for 1977 as an exhibit. The Public Works Department will monitor the conditions of the Reclamation Plan. The Reclamation Plan will be an on-going matter. Mr. McCabe submitted Certified Corporate Resolutions as exhibits. ', Hearing closed to the public and confined to the Board. RECESS: 11:35 a.m. RECONVENE: 11:45 a.m. It was moved by Supervisor Winston, seconded by Supervisor Lemlce that based on the Board's own knowledge and research and on information presented to us concerning this project, including the environmental impact report which was considered in arriving at a decision, the Board finds: 1. That the project may have a-significant effect on the environ- ment, and this significant effect can be reduced but not eliminated by the adoption of mitigation measures which are the conditions of project approval. 2. That there axe overriding considerations which warrant approval of the project although there may be adverse environmental effects. These overriding considerations include a recognition of the resource value of the dredger tailings on the site as a source of aggregate, and recognition of the importance of insuring a continuing supply of aggregate for construction projects in the Oroville-Gridley area at reasonable cost. 3. The proposed use will not impair the integrity and character of the zone in which the land lies and the use would not be unreasonalily Page 40. October 25, 1977 October 25, 1977 incompatible with or injurious toJsurrounding properties or persons residing or working the neighborhood. Therefore, I move approval of the use permit and reclamation plan subject to the following conditions: 1. Applicant to follow all procedures specified in the E.I.R, for the control of dust. 2. Applicant to pay costs o£ conducting tests of wells within 1,000 feet ~of the project site prior to the commencement of excavations and quarterly thereafter until the project is completed. If turbidity or bacteriological contamination becomes a problem during the course of this project, applicant shall be responsible to correct the problem to the satisfaction of the Butte County Health Officer. 3. Provide a vegetation buffer along Vance Avenue consisting of existing vegetation growth in the area 100 feet north from the centerline of Vance Avenue along project frontage. 4. Provide an earthen berm, 10 feet high by 100 ft. long, said berm to be located approximately 585 feet east of Sacramento Northern right-of- way commencing at Vance Avenue. Right-of-way line continuing 100 feet northerly. 5. Submit plans for a safe, paved approach. 6. Immediately remove materials dropped from vehicles along Vance and the intersection of Vance and Larking. 7. If road shows more than normal wear or failure, in judgement of the Public Works Directer, immediately repair. 8. Improve corner of Vance and Larking if intersection fails or has build- up areas due to large vehicles cutting corners. 9. Blowing fines and dust from the project site shall be controlled by regular spraying or misting practices. 10. Stockpiling of materials shall be practiced, wherever possible, to prevent excessive wind erosion of dust sand fines from the prevailing winds. 11. Interior hauling roads and the physical plant site shall be paved with dust controlling materials. 12. Immediately take care of neighborhood dust complaints caused by vehicles going to and from plant along vance Avenue. Applicant must also comply with-all local and State statutes, ordinances, and regulations> providing however that County Counsel be instructed to confer with the attorney for the Applicant in order to provide requirement No. 7 that failure to maintain Vanee Roadincgood.repair will result in immediate cancellation of the use permit and that Public Works will supervise the work and that the company will be responsible for keeping the intersection clean. Page 41. October 25, 1977 October 25, 1977 Vote on the motion held off until agreement is reached by both attorneys. 77-2085 CONTINUED PUBLIC HEARINGS TO NOVEMBER 22 1977 AT 9:30 a.mo The following public hearings will be continued to November 22, 1977 at 9:30 a.m.: 1. Carl Youngdahl appeal conditions of tentative parcel map, AP 53-272-0, three lots, located on the west side of Pentz-Magalia Highway opposite Lura Lane, Paradise. 2. Rodney iCopsa appeal conditions of tentative parcel map, AP 54-17-33, two lots, on the south. side of Pearson Road., 200 feet west of Edgewood Lane, Paradise. 77-2036 PUBLIC HEARING: HUERTO SUBDIVISION - APPEAL CONDITIONS OF TENTATIVE SUBDIVISION MAP, AP 44-49-11, 47 LOTS, LOCATED ON THE SOUTHWEST CORNER OF HICKS LANE AND SYCAMORE LANE, CHICO. The continued public hearing on the Huerto Subdivision appeal of conditions of tentative subdivision map., AP 44-49-11, 47 lots, located on the southwest corner of Hicks Lane and Sycamore Lane, Chico was held at this time. Hearing open to the public. Appearing: Everd McCain. Mr. McCain stated that at the last hearing the request for appealing the recommendation for a change in the urban boundary was referred to the Planning Commission. Jim Lawson, Planning Director, stated that the Planning Commission recommended that the area represented by Mr. McCain be deleted with the sidewalks constructed on Hicks Lane. Mr. McCain stated that the condition ~k6 of the Subdivision Committee's report be modified to be in conformance with the recommendation of the Planning Commission, That Hicks Lane be constructed to urban requirements. Clay Castleberry, Public Works Director, stated that there is fairly dense development in the area and sidewalks should be required. 'This is an urban development even if it istot~fi in.etheF'area.~sa Pedistrian traffic is going to be generated. Mr. McCain stated that he did not object to the sidewalks but that the requirements for sidewalks is that they be behind the curbs and gutters. Mr. McCain stated that he feels ditches can be used for drainage. Hearing closed to the public and confined to the Board. On motion of Supervisor Madigan, seconded by Supervisor Richter and carried, the appeal was denied. AYES: Supervisors Lemke, Madigan, ', Winston and Chairman Richter. NOES: Supervisor Moseley,. RECESS: 12:00 p.m. ', RECONVENE: 1:00 p.m. '. 77-2087 APPEARANCE: JIM RTCKARDS REPRESb'NTING RESIDENTS OF SUNSET WAX Mr. Rickards stated that a man has blockaded the road. ', Mro Rickards stated that the people on Sunset Way, Paradise would like Page 42 0 October 25, 1977 October 25, 1977 - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - to be able to use the road. The residents have been using this road for several years. Supervisor Lemke stated that he had investigated the matter and there is nothing the County can do as Sunset Way is a private road. The only recourse would be for the people to file a civil suit. 77-2088 PUBLIC HEABING: CENTEX AGGREGATES, INC. - ENVIRONMENTAL IMPACT REPORT AND USE PERMIT TO ALLOW A P~Q.ZGAFBItE AGGREGATE PLAi~]T ON PROPERTY ZONED "A-2" (GENERAL) LOCATED ON THE NORTH SIDE OF VANCE AVENUE, EAST OF THE SACRAMENTO NORTHERN RAILROAD RIGHT-OF_WAY, IDENTIFIED AS AP 25042-12, NORTHEAST OF GRIDLEY. The continued public hearing of Centex Aggregates, Inc. EIR and use permit to allow a portable aggregate plant on property zoned "A-2" (general} located on the north side of Vance Avenue, east of the Sacramento Northern Railroad right-of-way, identified as AP 25-042-12, northeast of Gridley was held at this time. Dan Blackstock, County Counsel, stated that he would like the matter continued for at least one week so that the agreement could be finalized. Mr. Blackstock and Mr. McCabe to meet and discuss the matter so that action can be taken this date. 77-2089 CONTINUED PUBLIC HEARING: PEACHTREE SUBDIVISION - APPEAL PER~h'ANENT DRAINAGE CONDITIONS AND WOULD LIKE TO PAY $1,800 PER ACRE DEPOSIT AND INS'PALL DRY-WELLS, AP 43-03-02, SEVEN LOTS, NORTH SIDE OF WEST 8th AVENUE,_WEST OF MEADOW ROAD, CHICO, The continued public hearing on the Pe chtree subdivision appeal of permanent drainage conditions and woul~l.ike to pay $1,800 per acre deposit and install dry-wells, AP 43-08-02, seven lots, north side of West 8th Avenue, west of Meadow Road, Chico was held at this time. 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 appeal was upheld. 77-2090 PUBLIC HEARING - ROMA JEAN JOHNSON - APPEAL CONDITIONS ON A TENTATIVE SUBDIVISION MAP, AP 40-46-04, FOUR LOTS, SOUTH SIDE OF HUMBUG ROAD, SOUTH- EAST_CORNER OF HUMBUG ROAD AND SKYWAY, PARADISE. The continued public hearing on the Roma Jean Johnson appeal of conditions on a tentative subdivision map, AP 44-46-04, four lots, south side of Humbug Road, southeast corner of Humbug Road and Skyway, Paradise was held at this time. Mac Parker, Public Works, stated that the condition of the road section could be deleted as there is a rock wall that would have to be taken out. Hearing open to the public, Appearing: S. K. Hann. Hearing closed to the public and confined to the Board. On motion of Supervisor Lemke, seconded by Supervisor Madigan and unanimously carried, the appeal was upheld. Page 43. October 25, 1977 October 25,.1977 77-2091 APPOINTMENT~TO BUTTE COUNTY COUNCIL FOR SENIOR CITIZENS On motion of Supervisor Winston, seconded by Supervisor Moseley azd unanimously carried, Katherine Bosredon was appointed member of the Butte County Council for Senior Citizens. 77-2092 APPOINTMENT TO NORTHERN CALIFORNIA HEALTH SYSTEMS AGENCY On motion of Supervisor Lemke, seconded by Supervisor Moseley and unanimously carried, Anita Bell was appointed member of the Northern California Health Systems ~ency. 77-2093 APPOINTMENT SURFACE MINING AGGREGATE OPERATIONS COM[~TTEE On motion of Supervisor Lemke, seconded by Supervisor Winston and unanimously carried, Joseph Frank was appointed member of the Surface Mining Aggregate Operations Committee< 77-2094 APPOINTMENT CHTCO-BUTTE COUNTY CHAPMANTOWiV HOUSING AND COMMUNITY ', DEVELOPMENT ADVISORY COMNffTTEE On motion of Supervisor Lemke, seconded by Supervisor Winston and unanimously carried, Beverly Roundtree was appointed member of the Chico-Butte County Chapmanto~vn Housing and Community Development Advisory Committee. 77-2095 APPOINTMENTS TO CITIZENS ADVISORY TASK FORCE FOR THE BUTTE COUNTY GENERAL PLAN HOUSING ELEMENT UPDATE CONTINUED TO NOVEMBER I, 1977. The appointments to the Citizens Advisory Task Force for the Butte County General Plan Housing Element Update was contined to November 1, 1977. 77-2096 ADOPT POLICY AND PROCEDURx MANUAL SECTIONS 19.0 THROUGH 20.02 On motion of Supervisor Winston, seconded by Supervisor Moseley and unanimously carried, Policy and Procedure Manual Sections 19.0 through 20.02 were adopted. 77-2097 HOWARD TOUSSATNT TO BRING BACK RECOI~lENDATION REGARDING DR1~F'C FOR WATER UALiTY 208 FUNDS FOR WASTE WATER. Clif Nickelson, Administrative Officer, .stated that the California Regional Quality Control Board wrote the Board a letter stating that the County is to send a draft plan of the work intended to be done by November 15, 1977. Howard Toussaint, Sanitarian, stated that there is $20,550 in 208 funds for waste water that the Board would be : 'eilig~b~le for. The funds would be for waste water and sewage disposal. The State is giving the County a wide choice to pick from. Supervisor Lemke stated that the State has quite a bit of money proposed for Butte County and the planning should be done now so that the County can receive the money. Mr.-Toussaint stated that the State is interested in some type of draft so that they can sit down and discuss the matter with the County. Mr. Toussaint said that it looks like matching funds of 25 percent would be required. On motion of 5`upervisor Lemke, seconded by Supervisor Madigan and unanimously carried, Ho~?~r~ Toussainti.is to bring a draft for Plan A to the Board on next week, November 1, 1977. Page 44. October 25, 1977 October 25, 1977 77-2098 REFER REPORT BY AGRICULTURAL COMMISSIONER ON PROBLEMS OF HERBICIDES DESTROYING AND DAMAGING TREES IN CHICO AREA TO .`:AGRICULTURAL ADVI50RY COtM4ITTEE The report by the Agricultural Commissioner on problems of herbicides destroying and damaging trees in-the Chico area was referred to the Agricultural Advisory Committee. 77-2099 DISCUSSION: ORDINANCE AMENDMENT CONCERNING SUBDIVISION APPEALS PROCESS Discussion of an ordinance amendment concerning subdivision appeals process had at this time. ban Blackstock, County Counsel, stated that there are two ways that the Board can go. The Board can set up an interim appeals board, or the Board could establish a committee to hear the appeals on conditions. The committee would review the matter before the Board hearing and make a recommendation. Supervisor Winston stated that in half of the cases the matter could be mitigated with staff and a hearing would not be necessary. Supervisor Lemke stated that if the committee was made up of Board members and the appeal was denied by the Committee the appeal would probably not reach the Board. The committee should be rotated every six months so that each Supervisor will be able to serve. On motion of Supervisor Winston, seconded by Supervisor Lemke and carried, the matter was tabled. AYES: Supervisors Lemke, Madigan, Moseley and Winston. NOES: Chairman Richter. 77-2100 APPROVE AGREEMENT WITH CITY OF CHICO RELATIVE TO RETURN OF SALES TAX AND TAKING CARE OF ANY CONFLICTS IN THE FUTURE On motion of Supervisor Lemke, seconded by Supervisor Winston and unanimously carried, the agreement with the City of Chico as prepared relative to the return of sales tax and taking care of any conflicts in the future was approved. 77-2101 ADDITIONAL MATTERS PRESENTED BY BOARD MEMBERS Supervisor Moseley asked if the Committee to look at the General Plan had meto ,Supervisor Winston stated that the committee had not met. Supervisor Lemke stated that the Fifth District revenue sharing committee will meet in the Paradise Memorial Hall at 7:30 p.m. ', on Thursday, November 10, 1977 to hear requests. Supervisor Lemke stated that a suggestion had been made that would require the County Recorder to require that all deeds submitted for recordation include the parcel number. This would save reading the description. Supervisor Winston stated that this would present a problem for the Title Companies. There are some serious problems involved. Supervisor Lemke stated that there has been a big increase in the number of mobile home fire thefts in the Paradise area. Supervisor Lemke stated that possibly the Sheriff°s Office could be given the authority to stop people hauling mobile home tires and check to see if they have a receipt for them. Page 45. October 25, 1977 October 25, 1977 77-2102 CONTINUED PUBLIC HEARING: CENTEX AGGREGATES, INC. - EIR AND USE PERMIT TO ALLOW A PORTABLE AGGREGATE PLANT ON PROPERTY ZONED "A-2" (GENERAL) LOCATED ON THE. _NO.RTH .SIDE OF VANCE AVENUE, EAST OF THE. SACRAi~iEiVTO NORTHER' RAILROAD R'iGHT-OF-WAY IDENTIFIED AS AP 25-042-12 NORTHEAST OP GRIDLEY. The continued public hearing on the Centex Aggregates, Inc. environmental impact report and use permit to allow a portable aggregate plant on property zoned "A-2" (general) located on the north side of Vance Avenue, east of the Sacramento Northern Railroad right-of-way, identified as AP 25-042-12, northeast of Gridley was held at this time. Dan Blackstock, County Counsel, stated that both sides are not in agreement. The difference stems from the determination of whether or not the applicant is at fault. Mr. Blackstock set out the agreement for the condition. This would require a procedure before the Board of Zoning Adjustment to determine who is actually doing the damage. It was moved by Supervisor Madigan, seconded by Supervisor Richter that the condition ~~7 be included as revised by Counsel. AYES: Supervisor Madigan and Chairman Richter NOES: Supervisors Lemke, Moseley and Winston. Motion fails. On motion of Supervisor Winston, seconded by Supervisor Moseley and carried, the motion on Centex Aggregate use permit was amended to include condition No. 7 as written. VOTE ON PREVIOUS MOTION ANb AMENDP4ENT AYES: Supervisors Lemke, Madigan, Moseley and Winston. NOES: Gha3;x'mg*toRichter Motion carries. SJPERVISOR MADIGAN EXCUSED AT 2:15 p.m. EH~CUTIVE SESSION: The Board recessed at 2:15 p.m. for an executive session to discuss litigation. RECONVENE: The Board reconvened at 2:55 p.m. following an executive session to discuss litigation. Nothing to report. 77-2103 AUTHORIZE BCEA TO MAKE CANVAS OF BUTTE COUNTY EMPLOYEES FOR UNITED CRUSADE On motion of Supervisor Winston, seconded by Supervisor Lemke and carried., BCEA was authorized to take the canvas of the Butte County Employees for the United Crusade. ADJOURiQN1EN`P There being nothing further before the Board at this time, the meeting was adjourned at 2:57 p.mo to reconvene on Tuesday, November 1, 1977 at 9:00 a.m. ATTEST: CLARK A. NELSON, COUNTY CLERK ~~~ ~ airman, Boar of Supervisors Board of Supervisors Clerk Page 46. October 25, 1977 77-2102 AGREEMENT AS SET OUT BY DAN BLACKSTOCK, COUNTY COUNSEL REGARDING CONDITION ~~7 - CENTER AGGREGATE, INC. It was moved by Supervisor Madigan, seconded by Supervisor Richter that the condition ~~7 be included as revised by Counsel: It is anticipated that trucks utilizing Vance Avenue for access to or egress from the site being heavily laden with gravel may create damage to Vance Avenue. Upon finding any structural damage to Vance Avenue, including but not limited to potholes, cracking, crumbling of edges of road, loss of pavement, the Director of Public Works shall give notice in writing to applicant or his successor in interest. Upon receipt of said notice applicant or his successor in interest shall immediately and no later than five (5) days repair Vance Avenue pursuant to the requirements of the Director of Public Works. Provided, however, .that applicant may be granted additional time for completion of the repairs by the Director of Public Works where the damage to Vance Avenue does not pose an immediate threat to health and safety of the general public. If applicant or his successor in interest fails to comply with the above, then in that event, the use permit is suspended and no further activity may take place thereunder until the repair work is completed to Public Works satisfaction, or until a public hearing conducted pursuant to the County .Code Section 24-62, etc. (provisions relating to application of use permit) and the Board of Zoning Adjustment authorized resumption of activity. The Director of Public Works shall immediately notify the applicant and the Board of Zoning Adjustment of such extension and the Board of Zoning Adjustment shall set a hearding regarding suspension or revocation or modification of the permit.