HomeMy WebLinkAboutM110877November 8, 1977
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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; Ban 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
77-2148 APPROVAL OF MINUTES
On motion of Supervisor Winston, seconded by Supervisor Madigan
and unanimously carried, the minutes of October 25, 1977 were corrected to
state~t on item 77-2084 that the motion included any and all permits needed
for Centex Aggregates, Inc. and Condition 7~2 to read as follows: Applicant
to pay costs of conducting tests of wells within 1,000 feet of the project
site prior to the commencement of excavation.
On motion of Supervisor Moseley, seconded by Supervisor Lemke and
unanimously: carried ,othe.:mnutes°of November~l, 1y77:~were; approved' as mailed
withtthe.ehange,in.the',wor.dng,:on page.52t~paragraph'3~.to:reflect~LAFCo..
77-2149"GOMMUN~GATIONS~^~~
Roy C. Horne, Paradise. Mr. Horne writes appealing the issuance of a use
permit granted to Feather River Hospital for Personnel or Accounting
Office. Referred to Hearing on November 22, 1977.
Iris Solis, O.roville. Mr. Solis files a petition for variance to provisions
of Sections 19-10 and/or 19-12 of the Butte County Code for place-
ment of a mobile home at 7040 F.F.S. R., Oroville, AP 72-05-20.
Set for hearing November 22, 1977 at 10:5 a.m.
Moxie A. Shirley, Oroville. Mr. Shirley writes concerning the scope of
responsibility of the Water Advisory Committee that is currently
under Board consideration. Referred to later in the meeting.
Butte County Coordinating Council. The Council sends notification of the
resignation of Ms- Cheryl Glencoe from the area to Developmental
Disabilities Planning Board and requests that Mrs. Judy Wagoner,
Durham be appointed to fill the remainder of her term and also be
appointed to a new three year term expiring December 31, 1980.
See motion following communications.
Oroville Mosquito Abatement District. The District writes requesting that
Harold Rroeger and Barbara Shaffer be reappointed for two year
terms expiring December 31, 1979. See motion following communications.
Chico Area Recreation and Park District. The District writes concerning
improvement of the equestrian trail along the north side of
Manzanita Avenue and requests that "no parking" be designated
along Manzanita Avenue where the equestrian trail is to be improved.
Referred to Public Works.
Chico Area Recreation and Park District. The District writes concerning a
hazardous traffic condition that appears to exist at the inter-
section of Vallombrosa and Manzanita Avenues in Chico. Referred
to Public Works for report back to the Board.
Northern California County Supervisors Association. The organization requests
that a director and alternate director to the association be
designated for the 1978 calendar year. See motion following
communications.
Page 59
November 8, 1977
November 8, 1977
Billy J. and Joan J. Krouse, Oroville. Mr. and Mrs. Krouse file a petition for
variance to provisions of Sections 19-LO and/or 19-12 of the Butte
~` 3. ~ Z_ County Code for placement of a mobile home on AP 72-46-0-002, Wood-
'.. leaf Star Rnute 9199, Oroville. Set for hearing November 29, 1977
at 9:30 a.m.
Mau, Barnum, Folsom, Mirza, Sacramento. The Architects appeal Wesley J.
Barnum Parcel Rezone request 77-OS-18-01, AP 53-27-07 & 08. The
~/ 3. ~ ~ ', matter has been set for hearing November 22, 1977 at 10:00 a.m.
Jones & Bennett, Calistoga. The Attorneys, on behalf of Olga Lucille Beck,
!present application to file a late claim as a result of injuries.
/00 ~ ~.g See motion following communications.
Summons and Complaint. Maxim N. Bach, on behalf of Jay Allen Newton, files a
summons and complaint. Referred to County Counsel and the insurance
~O 0. ~ 7 carrier-.
Jim Remillard, Calforniac~StateiUniversity, Chico. Mr. Remillard submits
', his resume for consideration as a representative of veterans on
/08~ ~ ' the Manpower Commission. Information.
', 77-2150 APPOINTMENT BUTTE COUNTY COORDINATING COUNCIL
On motion of Supervisor Lemke, seconded by Supervisor Moseley
and unanimously carried, Mrso Judy Wagoner, Durham was appointed to fill
the remainder of Ms. Cheryl Blencoe's term and was appointed to a new
three year term expiring December 31, 1980.
77-2151 REAPPOINTMENT TO OROVILLE MOSQUITO ABATEtiiENT DISTRICT
On motion of Supervisor Winston, seconded by Supervisor Moseley
and unanimously carried, the following people were reappointed to the Oroville
Mosquito Abatement District for a two year term expiring December 31, 1979:
Harold Kroeger
Barbara Shaffer
77-2152 APPOINTMENT OF DIRECTOR AND ALTERNATE DIRECTOR TO NORTHERN CALIFORNIA
COUNTY SUPERVISORS ASSOCIATION FOR 1978 CALENDAR YEAR
', On motion of Supervisor Lemke, seconded by Supervisor Madigan
and unanimously carried, the following were appointed to the Northern
California County Supervisors Association for 1978 calendax year:
Supervisor Winston - Director
Supervisor Moseley - Alternate Director
77-2153 DENY APPLTCATTON TO PRESENT LATE CLAIM
', On motion of Supervisor Moseley, seconded by Supervisor Madigan
and unanimously carried, the application of Jones and Bennett, on behalf
of Olga Lucille Beck, to present a late claim was denied,
77-2154 ADDITIONAL MATTER PRESENTED BY SUPERVISOR WINSTON
Supervisor Winston stated that there are two memos from the
Auditor 'regarding Supervisors' travel claims. Mr. Lawrence was in the
Board room and made the suggestion that the equity for the Board members
be alike. Tn other words, the Board members could be given an alternative.
Mr. Lawrence agreed and stated that he would bring something back to the
Board. Tn Mr. Lawrence's memo to Counsel he asks six questions. As far
as Supervisor Winston is concerned that if this."""-is°the wishes of the Board
or the Auditor or Counsel he could care very little about the disposition
of the matter.
Supervisor Winston 'stated that he was aghast at the remarks made
at the County Auditors' Association. Supervisor Winston stated that tte
would like this on the record. Mr. Lawrence is acting very childish
Page b0
November 8, 1977
November 8, 1977
and is ziot assuming the posture of an~elected official.. J J '
Supervisor Lemke stated that he would like Counsels opinion on
the questions.
Dan Black stock, County Counsel, stated that he would be giving
Mr. Lawrence an answer.
77-2155 DESIGNATE ADDITIO,IAL SIGNATORIES 12E: DRAWDOWN_ REQTJEST AGAINST EDA_GRANT
On motion of Supervisor Lemke, seconded by Supervisor Madigan
and unanimously carried, the following designated signatories in addition
to the Auditor and County Administrative Officer for the drawdown request
against EDA grant are as follows: Jim Johansen and Mike Pyeatt.
77-2156 AWARD BID
On motion of Supervisor Lemke, seconded by Supervisor Madigan
and unanimously carried, award of bid in the amount of $31,241.38 including
bid modification and sales tax was awarded to P. E. Van Pelt, Inc. of
Oakdale for the fast attack mini pumper for the Fire Department.
77-2157 AWARD OF BID
On motion of Supervisor Lemke, seconded by Supervisor Madigan
and unanimously carried, the bid in the amount of $T33,502.76 including
sales tax was awarded to P. E. Van Pelt, Inc, of Oakdale for the purchase
of two 1,000 gallons per minute fire engines to be financed through
revenue sharing.
77-2158 AWARD OF SID
On motion of Supervisor Lemke, seconded by Supervisor Madigan
and unanimously carried, the bid in the amount of $7,558.82 including sales
tax was awarded to Toyota of Chico for the purchase of two subcompact sedans
for the Building and Subdivision Department.
77-2159 APPROVE AGREEMENT - BTDWELL WxLDLIFE REHABILITATION CENTER IN THE
AMOUNT OF $750 FOR THE PROPOGATTON AND CONSERVATION OF GAME WITHIN BUTTE
COUNTY
On motion of Supervisor Madigan, seconded by Supervisor Winston
and unanimously carried, the agreement with Bidwell Wildlife Rehabilitation
Center in the amount of $750 for the propogation and conservation of game
within Butte County was approved.
77-2160 APPROVE SUPERIOR COURT PARYING LOT AND APPROPRIATE $40.000
On motion of Supervisor Lemlce, seconded by Supervisor Winston
and unanimously carried, an 86 space parking lot adjacent to the Superior
Court building was approved and $40,000 was appropriated .•-'
77-2161 AUTHORIZE TRANSFER OF LAND TO PARADISE FIRE PROTECTION DISTRICT -
APPROVE QUIT CLAIM DEID
On motion of Supervisor Winston, seconded by S~ipervisor Lemke
and unanimously carried, .transfer of land at the interser_tion of Pearson
and Libby Roads to the Paradise Fire Protection District was authorized
and the quit claim deed with the findings that the property is no longer
needed for county use and that the provisions of fire protection from the
parcel is of benefit to the County and the transfer is in consideration of
those benefits was approved.
Page. 61
November 8, 1977
November 8, 1977
77-2162 ADOPT RESOLUTION 77-177 & 77-178 CALLING FOR ELECTIONS TO INCREASE
THE MAXIMUM TAX RATE LIMITATIONS FOR SEVERAL COUNTY SERVICE AREA LIGHTING
DISTRICTS
On motion of Supervisor Madigan, seconded by Supervisor Winston
and unanimously carried, the following resolutions calling for dections to
increase the maximum tax rate limitations for several County Service Area
Lighting Districts were adopted and the Chairman authorized to sign:
Resolution 77-177 - CSAs 13, 14, 18, 33 and 57
Resolution 77-178 - CSA 27
77-2163 ADOPT I~SOLUTION 77-179: RESOLUTION MAKING APPLICATION TO LAFCo
FOR ANNEXATION TO COUNTY SERVICE AREA N0, 17 FOR WYNOICA HOMES
', On motion of Supervisor Winston, seconded by Supervisor Moseley
and unanimously carried, Resolution 77-179 making application to LAFCo for
annexation to County Service Area No. 17 for Wynoka Homes was adopted and
Chairman authorized to sign.
77-2164 CONTINUED TO NOVEMBER 22, 1977: APPROVAL 0~' PROPOSED AMEbTDED JOINT
EXERCISE OF POWERS AGREIIdENT CREATING A NORTHERN CALIFORNIA EMERGENCY
MEDICAL CARE COUNCIL
The approval of the proposed amended joint exercise of powers
agreement creating a Northern California Emergency Medical Care Council
was continued to November 22, 1977.
77-2165 APPROVE BUDGET TRANSFERS
On motion of Supervisor Madigan, seconded by Supervisor Lemke
and unanimously carried the following budget transfers were approved:
8-48 Community Action Program - 1977 Grant Year. Within the
HEW co-ord component increases the equipment appropriation by $180 brought
about by an increase in federal aid and is to correct a transposition
error made on B-31 dated 10/18/77 in which $15,574 was appropriated,
when in actuality it should have been $15,754. Within the CAA Admin-
istration, transfers $1,250 from other costs to consumable supplies in
order to cover anticipated costs to the end of the current grant year.
Within the housing winterization program transfers $397 within matching
in kind contributions accounts. Within Head Start in kind transfers
$4 from within varous matching in kind contribution accounts.
B-49 Mental Health. Transfers $6,853.55 from professional and
specialized services within mental health general services to pro-
fessional and special services in the Detox Unit. This transfers prior
yeax appropriations brought forward to cover the County`s obligation
for 1976-77 contract agreement with the Department of Rehabilitation.
B-50 District Attorney - Consumer Protection Unit. Transfers
$108 from equipment maintenance, $4,955 from professional and special-
ized services,~$2,900 from Data Processing charges, $1,400 from overnight
travel, and $1,.245, from equipment; with $7,880 going toward salaries and
wages and $2,728 to employee benefits pursuant to grant modification
No. 4 approved by the Office of Criminal Justice Planning on September 11,
1977.
B-51 Public Works - SUecial Road. Establishes a $189,735 appro-
priation for the Housing and Urban Development South Oroville project,
with funds to be provided by HCD Block Development grant and is to cover
the contract award to Baldwin Construction Company.
Page G2
November 8, 1977
November 8, 1977
B-52 Housing and Community Development Block Grant. Within the
1976-77 grant year, transfers $30,000 from the Public Works activity to
demolition acquisition relocation in order to meet program objectives.
77-2166 AUTHORIZE ADMINISTRATIVE OFFICE TO EXECUTE AND RECORD NOTICE OF
COMPLETION - HCD - REHABILITATIObi AT 2435 D STREET PENDING FINAL INSPECTION
BY BUILDING DEPARTMENT '
On motion of Supervisor Lemke, seconded by Supervisor Madigan
and unanimously carried, the Administrative Office was authorized to execute
and record Notice of Completion pending finai inspection by Building Depart-
meat HCD Rehabilitation at 2435 D Street.
77-2167 AUTHORIZE ADMINISTRATIVE OFFICER TO EXECUTE AML~iVDED CONTRACT WITH
WILLIAM DOLAN FOR APPRAISAL SERVICES TO INCLUDE AN ADDITIONAL APPRAISAL
FOR A COST OF 100 - HGD
On motion of Supervisor Moseley, seconded by Supervisor Lemke
and unanimously carried, the Administrative Officer was authorized to
execute an amended contract with William Dolan for appraisal services
on the HCD project to inciude an additional appraisal for a cost of $100.
77-2168 AUTHORIZE AGREEMENT FOR CONVEYANCE - RIGHT OF WAY ACQUISITION -
CLARK ROAD DUMP SITE - RADIOLOGY SERVICE COMPANY
On motion of Supervisor Lemke, seconded by Supervisor Moseley
and unanimously carried, an agreement for conveyance, right-of-way acquisition,
for Clark Road dump site between County of Butte and Radiology Service
Company agreeing to an exchange of road easements was approved and the
Chairman authorized to sign agreement.
77-2169 APPROVE LETTER TO CALTRANS AND STATE PARKS AND RECREATION RE:
ASKING FOR COORDINATION OF EFFORTS TO CONSTRUCTION OF PARKING LOT AND
LAUNCHING FACILITY WHEN GIANELLI BRIDGE IS REPLACk~.:;ON HIGHWAY 32 AT
SACRAMENTO RIVER.
Chairman Richter stated that the State is required to study
a recreational facility. There are thousands of kids that get off the
bridge and get into the river at the Gianelli Bridge. The cars present
a very hazardous condition on the road. There is no piace to park.
There is no off road parking. There are no restrooms or trash facilities.
On motion of Supervisor Lemke~'secouded~by_Supervfsor I~la~ligan ~:
and unanimously carried, the letter to CALTRANS and State Parks and Recreation
asking them to coordinate their efforts in construction of a parking lot
and launching facility when Gianelli Bridge is repiaced was approved and
the Chairman authorized to sign.
77-2170 DISALLOW BID OF K. J. McGRANAHAN AND AWARD BID TO R. G. FISHER AND
COMPANY - ADMINISTRATION BUILDING
Clif Nickelson, Administrative Officer, stated that there was
a minority hiring clause in the contract. The low bidder, K. J. McGranahan
did not comply with the requirements.
On motion of Supervisor Winston,s?conded by Supervisor Madigan
and unanimously carried, the bid of K. J. McGranahan was disallowed.
A telegram from Congressman Johnson was read. Congressman
Johnson asked EDA Regional Office to clarify the affect of the Federai
District Court ruling on local Public Works Program minority contracting
regulations. The EDA Legal Counsel's Office advised that the agency is
requiring full compliance with the minority contracting provisions.
page 63
November 8, 1977
November 8, 1977
On motion of Supervisor Madigan, seconded by Supervisor Winston
and unanimously carried, the bid for the Administration Building was
awarded to R. G. Fisher and Company in the amount of $2,308,000, subject
to approval from Counsel, Administration and Auditor.
77-2171 APPROVE CONTRACT CHANGE ORDER N0. 2 - LASSEN AVENUE PROJECT 57183-74-1 -
IN THE INCREASING AMOUNT OF $2.,874.45
On motion of Supervisor Madigan, seconded by Supervisor Moseley
and unanimously carried, Contract Change Order No. 2 in the increasing
amount of $2,874.45 for Lassen Avenue project 57183-74-1 was approved and
the Chairman authorized to sign.
77-2172 APPROVE FINAL MAP - BRENTWOOD SUBDIVISION - OFFER OF DEDICATION AND
APPROVAL OF SUBDIVISION AGREEMENT
On motion of Supervisor Madigan, seconded by Supervisor Winston
and unanimously carried, the final map for Brentwood subdivision; the offer
of dedication and the subdivision agreement were approved and the Chairman
authorized to sign said agreement.
77-2173 APPROVE REFUND FOR TENTATIVE SUBDIVISION MAP - DUNSTONE ACRES IN
THE AMOUNT OF $198
On motion of Supervisor Winston, seconded by Supervisor Madigan
and unanimously carried, a refund in the amount of $198 for tentative
subdivision map for Dunstone Acres was approved.
77-2174 DISCUSSION: CUMULATIVE ENVIRONMENTAL IMPACTS
The Advisory Agency is having probients>.with the cumulative Environ-
mental impacts and needs direction.
Matter continued to later in the meeting.
77-2175 ADOPT RESOLUTION 77-180: PUBLIC HEARING: LYNN P. HOWARD - ABANDONMENT
OF 20 FEET PUBLIC UTILITY EASEMENT ALONG THE PROPERTY LINE COMMON TO LOTS
115 AND 116 OF UNIT 4 OF PARADISE PINES SUBDIVISION MAGALIA
The public hearing on the Lynn P. Howard abandonment of 20 feet
of public utility easement along the property line common to Lots 115 and
116 of Unit 4 of Paradise Pines Subdivision, Magalia was held as advertised.
Hearing open to the public. Appearing: No one.
Hearing closed to the public and confined to the Board.
On motion of Supervisor Lemke, seconded by Supervisor Madigan
and unanimously carried, Resolution 77-180 abandonment of 20 feet public
utility easement along the property line common to Lots 115 and 116 of
Unit 4 of Paradise Pines Subdivision, Magalia was adopted and the Chairman
authorized to sign.
77-2176 CONTINUED DISCUSSION: .CUMULATIVE ENVIRONMENTAL IMPACTS
The continued discussion of cumulative environmental impacts was
held at this time.
Supervisor Winston stated that the only alternative to the cumulative
environmental impact would be to have a master EIR on all of the zoned area
in the County.
Chairman Richter stated that Mr. Castleberry has been asked
to bring back a recommendation for residential development that will be
taking place where drainage studies would be feasibleo Clay Castleberry,
Public Works Director, stated tha~agei6s4 is just in the talking stages.
November 8, 1977
November 8, 1977
Chairman Richter stated that where there are urban.areas there
should be drainage studies done. This should be out of Public Works
Development funds. The EIR study should also be done out of the development
funds.
Earl Nelson, Environmental Review Director, stated that the
Board could either go to a master plan or do nothing at this point.
Possibly on the next small projects there would have to be funding for
an EIR for the entire area. There should be a master EIR for a given
area.
Jim Lawson, Planning Director, stated that there was an EIR
on the open space element and the four elements recently adopted for
the Ceneral Plan. There has been an EIR on five of the nine elements.
Supervisor Winston stated that if an EIR on all of the elements
were done the Board would be complying with the letter of the law in
considering the accumulative affects, if all elements were subject to
EIR.
Discussion of who would pay for the EIRs had at this time.
The matter is continued to November 15, 1977.
A committee of Supervisors Lemke, and Madigan was appointed
to look into the possiblity of having the law changed.
77-2177 AAOPT ORDINANCE 1880: PUBLIC HEARING: KENNETH KELSOE - NEGATIVE
DECLARATION AND REZONE FROM "A-5" (AGRICULTURAL, FIVE ACRE PARCELS) TO
"TM-2" (TINNIBER MOUNTAIN, TWO ACRE PARCELS) PROPERTY LOCATED ON THE NORTTi
SIDE OF FORBESTOWN ROAD, APPROXo 1L2 MILE EAST OF BLACK BART ROAD, IDENTIFED
AS AP 73-13-30, CONTAINING 2.0 ACRES,i MORE OR LESS EAST OF OROVILLE
The public hearing on the Kenneth Kelsoe negative declaration
and rezone from "A-5" (agricultural, five acre parcels) to "TM-2" (timber
mountain, two acre parcels) property located on the north side of Forbestown
Raad, approximately 1/2 mile east of Black Bart Road, identified as
AP 73-13-30, containing 2.0 acres, more or less, east of Oroville was
held as advertised.
Hearing on the negative declaration open to the public. Appearing:
Nc , .one .
Hearing closed to the public and confined to the Board.
On motion of Supervisor Winston, seconded by Supervisor Madigan
and unanimously carried, finding that the proposed project could not have
a significant effect on the environment, a;.negative declaration was approved
for filing.
Rearing on the Project apen to the public. Appearing: No one.
Hearing closed to the public and confined to the Board.
On motion of Supervisor Winston, seconded by Supervisor Moseley
and unanimously carried, finding that;'the::propased.rezone:~i~ consistent
with.;the General Plan and having adopted a negative declaration and finding
that the proposed rezone is in the best interest of land use in the area,
the property was rezoned; Ordinance 1880 was adopted and the Chairman
authorized to sign.
Page 65
November 8, 1977
November 8, 1977
77-2178 DISCITSSION FIRE HYDRANT iNSTALLATiON FEE
Bob Paulus, Eire Warden, stated that he would like to see the
fire hydrant installation fee confined to the smaller parcels. The
subdivisions are covered by County Ordinance. Mr. Paulus stated that
there could be a groblem of keeping track of the money .deposited. Mr.
Paulus stated that he would not like to see the money lost in the
general fund.
Supervisor Winston stated that he would like to talk with Mr.
Paulus and Mr. Castleberry regarding the matter.
Ai'scussed; no action taken.
REC&SS: 10:05 a.m.
RECONVENE: 10:15 a.m.
77-2179 PUBLIC HEARING: DELMAN D. SHAULIS - PETITION FOR VARIANCE TO PROVISIONS
OF SECTION 19-10 AND/OR 19-12 OF THE BUTTE COUNTX CODE FOR PLACEMENT OF
A MOBILE HOME ON AP b5-21-b4, CEDAR T.AKR, FIR HAVEN SUBDIVISION, PARADISE
The public hearing on the Delman D. Slxaulis petition for
variance to provisions of Section 19-1QOand/or 19-12 of the Butte County
Code for placement of a mobile home on AP 65-21-64, Cedar Lake, Fir Haven
Subdivision, Paradise was held as advertised. Haward Toussaint, Sanitarian,
stated that the application was in order.
Hearing open to the public. Appearing:
1. Mrs. William Quiver. Mrs. Quiver stated that she objected
to not being notified of the hearing.
Discussion of the notification and publications of petitions
for variances had at this time.
On motion of Supervisor Lemke, seconded by Supervisor Moseley
and unanimously carried, the notices of petitions for variances are to
be pos*_ed on the telephone poles of the streets involved.
2. Betty Shaulis. Mrs. Shaulis stated that she was in favor
of the petition.
Hearing closed to the public and confined to the Board.
On motion of Supervisor Lemke, seconded by Supervisor Moseley
and unanimously carried, the petition for variance to provisions 19/10
and/or 19/12 of the Butte County Code for placement of a mobile home
on AP 65-21-64, Cedar Lake, Fir Haven Subdivision, Paradise for Delman D.
Shaulis Baas approved for a period of one year.
77-2180 PLANNING TO BRING BACK ORDINANCE DELETING LOT 587 FROM ORDINANCE
ADOPTED ON SEPTEMBER 16, 1925 FIR HAVEN SUBDIVISION, PARADISE
Supervisor Lemtce stated that on September lb, 1975 lot 587
was placed into an ordinance by error.. The only lots to be included
in the ordinance are lots 588 and 589, Fir Haven Subdivision, Paradise.
Planning to bring back ordinance next week deleting lot 587
from existing ordinance.
_ ~ .l =A'~_ ._ -,. ._.~ ?.' 1 •.. _5 .:7.--, .;'SST < _
Page y66
November 8, 1977
November 8, 1977
77-2181 PUBLIC HEARING: DORA RUBBLE - NEGATIVE DECLARATION ANB APPEAL DENIAL
OF TENTATIVE PARCEL I~fAP, AP 25-07-20, TIIREE PARCELS, SOUTHEAST CO&~IER O:fi'
LARKING ROAD AND LATTIN ROAD EAST BIGGS
The public hearing of the Dora Hubble negative declaration and
appeal denial of tentative parcel map., AP 25-07-20, three parcels, south-
east corner of Larkin Road and Lattin Road., East Biggs was held as
advertised. Earl Nelson, Environmental Review Director, stated that this
project could have a cumulative effect and was recommending that an EIR
be done on the project.
Hearing open to the public. Appearing: Dora Hubble.
Mrs. Hubble stated that she realized that an EIR would cover a lot bigger
area i:'_~~~t her parcel split. Mrs. Hubble stated that the parcel is bounded
by roads. It is only l-1/3 acres.
Chairman Richter stated that he understood that the parcel map
was inconsistent with the General Plan.
Discussion of denying the project and not requiring an EIR
had at this time. Dan Blackstack, County Counsel, stated that the Board
could deny the project without going first to an EIR wlien the parcel
map is inconsistent with the General Plan.
Hearing closed to the public and confined to the Board.
Hearing on the project 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 Lemlte
and unanimously carried, the appeal of Dora Hubble for a tentative parcel
map was denied.
77-2182 ADDITIONAL MATTERS PRESENTED BY PUBLIC WORKS
Clay Castleberry, Public Works,Director, stated that CALTRANS
was willing to give $700,000 or $800,000 for partial payment for the
Table Mt. Bridge. Mr. Castleberry stated that he would sooner wait
until next year and have full funding.
Mr. Castleberry stated that property on lower Skyway had been
sold. There was 60 feet of the property that was illegally sold. The
property o~,nzer has bought two acres and wroiildl~liket-tonma~ke: two' larger
parcels with a boundary line modification.
On motion of Supervisor Lemke, seconded by Supervisor Madigan
and unanimously carried, the boundary line modification was approved.
__~ Mr. Castleberry stated .that the housing ordinance would require
setting up of committees in the areas. There will be seven vacancies for
the Paradise area. Administrative Officer to post vacancies.
77-2183 PUBLIC HEARING DATES SET:
The following public hearing dates were set:
1. A public hearing date of November 22, 1977 at 11:00 a.m. was
set for consideration of Walter Temple, David Hopper & Max McCaig negative
declaration and rezone from A-2 (general) to "M-2" (heavy industrial)
property located between Park Avenue and Fair Street at E. 22nd Street
identified as AP 46-24-17, AP 46-23-45, AP 46-23-50, AND AP 46-23-52,
containing 5.75 acres, more or less, Chico.
Page 67
November 8, 1977
November 8, 1977
2. A.pixb]:c~heara~ng date of November 22, 1977 at 11:30 a.m.
was set £or consideration of H. L. Parkinson negative declaration and
rezone from "A-R" (agricultural-residential) to "AR-MH" (agricultural
residential-mobile home) property located on the norChi-;side of Greenville
Street approximately 800 feet west of Lower Wyandotte Road, identified
as AP 36-011-05, containing 0.95 acre, more or less, Orovlle.
77-2184 REPORT: ZONING DENIAL REGARDING ROBERT & IRMA WOODS - REZONE FROM
"A-R" (AGRIGULTUI2AL RESIDENTIAL) TO "AR-MH" {AGRICULTURAL RESIDENTIAL-
MOBILE HOME) PROPERTY LOCATED ON THE EAST SIDE OF GLEN DRIVE APPROX. 700
FEET SOUTH OF GLEN CIRCLE, IDENTIFIED AS AP 34-06-09, CONTAINING 1.82
ACRES, MORE OR LESS, OROVILLE.
Report of zoning denial regarding Robert and Irma Wood rezone
from "A-R" agricultural residential) to "AR-MH" (agricultural residential-
mobile Home property located on the east side of Glen Drive approximately
700 feet south of Glen Circle, identified as AP 34-06-09, containing 1.82
acres, more or less, Oroville was given at this time. Information; no
action taken.
77-2185 PUBLIC HEARING DATE SET: REFERRED BACK TO PLANNING COMMISSION TO
HAVE R.ECOI~IIIENDATION ON THEIR VIEW: BUTTE COUNTY PLANNING COMMISSION APPEAL
REQUIREMENT OF AN EIR FOR PROPOSED OFF-STREET_PARKING ORDINANCE
On motion of Supervisor Madigan, seconded by Supervisor Moseley
and unanimously carried, the appeal of the Planning Commission was referred
back to the Planning Commission to have them forward a recommendation on
their views; with a public hearing date of November 22, 1977 at 11:45 a.m.
set for hearing appeal of requirement of an EIR for the proposed Off-Street
Parking Ordinance.
77-2186 APPOINTMENTS TO CITIZENS ADVISORY TASK FORCE FOR THE BUTTE COUNTY GENERAL
PLAN HOUSING ELEMENT UPDATE
On motion of Supervisor Moseley, seconded by Supervisor Lemke
and unanimously carried, Alan Brown was appointed a member of the Citizens
Advisory Task Force for the Butte County General Plan Housing Element
Update.
On motion of Supervisor Moseley, seconded by Supervisor Lemke
and unanimously carried, Leroy Hilbers, Gridley was appointed a member to
the Citizens Advisory Task Force for the Butte County General Plan Housing
Element Update.
On motion of Supervisor Lemke, seconded by Supervisor Moseley
and unanimously carried, E. M. West was appointed a member to the Citizens
Advisory Task Force for the Butte County General Plan Housing Element
Update.
77-2187 APPOINTMENT TO THE COUNTY EMPLOYMENT ACID TRAINING ADVISORY COUNCIL
On motion of Supervisor Winston, seconded by Supervisor Madigan
and unanimously carried, Marvin Larsen was appointed a member of the
County Employment and Training Advisory Council.
On motion of Supervisor Winston, seconded by Supervisor Moseley
and unanimously carried, Eugene Barkley was appointed a member of the
County Employment and Training Advisory Council.
77-2188 APPEARANCE: DON BLAKE
Mr. Blake stated that he would like to talk to the Board regarding
the Butte County F3ater Advisory Committee.
Mr. Blake was told that this would be an agenda item and could
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77-2189 APPEARANCE: MR.TRENTON
Mr. Trenton stated that he was trying to get permits from Butte
County for placement of a mobile home. He is unable to do this because
the property is in an illegal subdivision. Mr. Trenton would like the
Board to be of assistance to him. Mr. Trenton stated that he had requested
a Certificate of Compliance in April and has not heard as yet.
', Mr. Trenton to meet with Counsel and Public Works this afternoon
regarding the problem.
77-2190 APPEARAISC&t,''JAMfiS`.'HANSEN, OROVILLE
Mr. Hansen stated that he was baffled by the people that were
not aware of their rights to own private groperty. When the General Plan
was adopted it was a guide now it is the law.
Mr. Hansen spoke regarding the Land Fraud Unit.
77-2191 APPEARANCE: PATRICK PORGANS
Mr. Porgans presented the Board with a copy of future of housing
demand and population growth in Butte County preliminary study.
77-2192 REPORTED PROBLEMS O1 HERBICIDES DESTROXTNG AND DAMAGING TREES IN
THE DURHAM AREA
Vice Chairman Winston presided at the hearing. Vice Chairman
Winston sat out the background of the hearing at this time.
Hearing open to the public. Appearing:
1. George Worth, Agricultural Advisory Committee. Mr. Worth
stated that the Committee had held a hearing on this matter. Mr. Worth
stated that the committee felt that more time was needed to study the
matter. The Committee would like to hold more meetings on the matter
before the herbicide is applied in the spring.
2. Stanley Fortier, Aurham Dayton Area. Mr. Fortier stated that
he was a almond grower and that his trees were suffering from MCPA damage.
Mr. Fortier stated that his trees had been damaged by propanil injury
ten years ago. Since that time propanil has been banned. Mr. Fortier
stated that he would like the Board to come out:aridoaookta~~hisroYChard.
Mr. Fortier stated that Mr. Dan Hutler and himself were hit with MCPA
last year. Mr. Fortier stated that he called the University of California,
Davis and a doctor there said he did not think there was a problem with
MCPA and propanil. The Kiwis and the almond trees look worse this year.
The neighbors kiwis and almond trees were also damaged. Mr. Fortier
stated that he filed a loss of crop report. Mr. Fortier stated that he
sent for Dr. Hess in Aavis and showed him the symptoms and analysis. He
agreed there was a problem. Mr. Fortier stated that he did not take
the report to the Agricultura7i'Commissioner as they had received a report
that there was no damage to the trees from MCPA and propanil. There is
a report by the California Aepartment of Food and Agriculture that says
that no MCPA or propanil has been detected... Mr. Fortier stated that
the wells that water the trees had been tested and they were good wells.
Mr. Fortier stated that there is a problem in the area and that he is
affected by the herbicides. Mr. Fortier stated that he had drift on
his trees. The State man who came out to the orchard was shown the private
lab analysis which showed that there was damage to the trees. Mr.
Fortier stated that hisnarees could not stand another year of MCPA.
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3. Emily .Fortier. Mrs. Fortier stated that the County should not
be trying to prone them wrong but seeing if they can solve the problems.
4. Dan Hutler, Stukeman Orchards. Mr. Hutler stated that a small
amount of MCPA can do a great deal of damage to the trees. Mr. Hutler showed
the Board samples from his trees that are damaged. Mr. Hutler stated that
there is a real problem with drift. According to the State and private
lab analysis there has been poison in the farm of MCPA drift on the orchards.
This is not caused by draught. Mr. Hutler stated that he would urge the
Board to exercise their power under the regulation and determine that the
8ppiicators of MCPA within three miles of orchards when the wind is blowing
toward the orchard is in violation of the code.
Vice Chairman Winston stated that the Advisory Committee will
act in a timely fashion and do not want to see any damage. An+=opinion
should be obtained from the Committee before the Board takes any action.
5. Alexandex R. Edgar-' Durham. Mr. Edgax stated that he has
Kiwis and that they are suffering from drift. A private lab analysis found
chemicals an the leaves. Mr. Edgar stated that he did not use herbicides
or pesticides.
.Toe Bandy, Agricultural Commissioner, stated that this is
basically a hormone and causes the plant to increase in growth. Mr. Bandy
stated that his office is avestigatng~ the procedure. of MCPA. Mr. Bandy
explained how gropani:I goes through changes when applied to a plant.
A interim report is to be made to the Board on December 6,.1977
from the Agricultural Advisory Committee.
RECESS: 12:1+0 p.m.
RECONVENE: 12:50 p.m.
77-2193 DISCUSSION: SETTING-SCOPE Or RESPONSTBTLTTY FOR THE COUNTY WATER
ADVISORX COMMITTEE
Discussion of setting scope of responsibility for the County
Water Advisory Committee held at this time.
Supervisor Winston stated that the Committee is to gather information
regarding the underground water in the Sacramento Valley. This information
should be submitted to the Board of .Supervisors for approval. Policy state-
ments shall be approved by the Board of Supervisors prior to dissemination.
Supervisor Moseley stated that the scope of responsibility is
informative only. The Committee should deal with the ground water
property rights. All meetings should be open to the public.
Supervisor Lemke stated that the Committee should investigate
the County estimated weeds. A determination should be made of the total
water storage.
Supervisor Madigan stated that the important thing is establish-
ment of an information network. The Committee should work between the
users to keep informed on the State and local actions. Supervisor i~ladigan
stated that he concurred with Supervisor Lemke.
Chairman Richter stated that the Advisory group should make
data information in order to advise the Board as to what policy should be
pursued. in regard to under ground water and the recommendations as to
proposed changes in under ground water. They should advise as to whether
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a joint powers agreement.: should be formed. The Committee should advise
the Board whether legal counsel is necessary and whether there is a need
for financial resources for that puLpose, and what share each County should
carry. The Committee should advise as to whether the Board should attempt
to develop a water management agency.
Ernest Hatch, Oroville, stated that the Committee has been
operating without any direction so far. The various thoughts expressed
by the Board have been helpful. Mr. Hatch stated that he hoped that.
the Board :;would specify that the Committee is advisory to the Board of
Supervisors.. Mr. Hatch stated that the water policy should be given to
the Board and they should initiate the policy. Mr. Hatch stated that
there :has been some personal feelings exhibited and hoped that this cou71
be erased in the future. Mr. Hatch stated that the most effective way
for support would be if the northern counties would all go together.
Don Blake stated that he was asked to leave a secret meeting
that was held by the Committee. Mr. Blake stated that he did not feel
this was the way the Committee should operate. Mr. Blake stated that
he asked the Committee to discuss the secret meeting during a public
session and they would not. Mr. Slake stated that there have been
some charges made involving his appearance in Red Bluff on behalf of
the Board . ,^ .
Supervisor Madigan stated that Mr. Blake was reported to have
committed the County to $1/4 million.
Time spent discussing comments made at the Red Bluff meeting.
77-2194 ADDITIONAL MATTER PRESENTED BY SUPERVISOR MADIGAN
Supervisor Madigan stated that at the Board of Directors meeting
there was adopted a policy regarding policy changes of SB 346. This will
be in final form by next Tuesday. The only county not represented was
Modoc.
77-2195 REOPEN BEN VAN INGEN, APPEAL OF CONDITIONS OF TENTATIVE SUBDIVISION
MAP, AP 50-O1-013, 21 LOPS, LOCATED EAST OF THE SOUTHERs'V PACIFIC RAILROAD
AND CLARK ROAD PARADISE - SET PUBLIC HEARING DATE
The Ben Van Tngen, appeal of conditions of tentative subdivision
map, AP 50-01-013, 21 lots, located east of the Southern Pacific Railroad
and Clark Road, Paradise was reppened and a public hearing date of
November 29, 1977 at 9:45 a.m. was set.
77-2196 ADDITIONAL MATTER PRESENTED BY SUPERVISOR LEMKE
Supervisor Lemlce stated that most of the appeals that the Board
hears comes from a standard list of conditions. The list should be given
to the applicant when he applies for the permit or parcel split and
then he would be aware of the requirements.
Dan Black stock, County Counsel, stated that this could be done
by Administrative Ordex.
AD.70URNMENT
There being nothing further before the Board at this time, the
meeting was adjourned at i:20 p.m. to reconvene on Tuesday, November 15,
1977 at 9100 a.m.
ATTEST: CLAR?C A. NELSON, COUNTY CLERK
By F Chairman of the Board of Supervisors
c~_~~ -~. ~i~~~
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