HomeMy WebLinkAboutM112277November 22, 1977
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STATE OF CALIFORNIA
COUNTY OF BUTTE
SS.
The Board of Supervisors met at 9:00 a.m. pursuant to adjournment.
Present: Supervisors 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. Absent:
Supervisor Lemke.
Pledge of Allegiance to the Flag of the United States of_jAmerica
Invocation By Supervisor Moseley
77-2231 APPROVAL Of' MINUTES
On motion of Supervisor Moseley, seconded by Supervisor Madigan
and car~ri:ed, the-minutes ofeNobember 16,:~ed9c7~T~were5app~rovedeas~mailed.
On motion of Supervisor Madigan, seconded by Supervisor Moseley
and earri~ed,sthe-minutes afeNovembEf ~1~,~"`'~~197~7~~~~re~amehd'ed:~~,-~~
to reflect that the North 'Valley Indian Health Center appeal of conditions
was not filed in a timely manner and, therefore, the public hearing scheduled
for November 29, 1977 at 10:15 a.m. was vacated and the matter referred
back to the Board of Zoning Adjustment.
77-2232 COMMUNICATIONS
Butte County Planning Commission. The Planning Commission withdraws their
appeal of the requirement of an environmental impact report for
the off=street parking ordinance. hearing set for November 22,
1977 at 11:45 a.m. taken off agendao
Tony L. & Monika L. Johnson, Oroville. The Johnsons file petition for
variance to provisions of Section 19-10 and/or 19-12 of the
Butte County Code for placement of a mobile home at Raute 2, Box
2741-K, Lone Tree Road, Oroville, AP 25-22-27. Set for hearing
December 6, 1977 at 9:30 a.m.
Butte County Mosquito Abatement District. The District xequest that Ailan
Johnson and James Shelby be reappointed as trustees of the District
for new two-year terms to end December 31, 1979. See motion
following communications.
Durham Mosquito Abatement District. The District requests that Marilyn
Weibel, Robert Kidd, and Roger Sohnrey be reappointed as trustees
to the District for new two-year terms to expire December 31, 1979.
See motion following communications.
Feather River Recreation and Park District. The District writes concerning
the County°s plans with regard to the L. H. Hunt property which
was accepted as a gift last month. Information; Administrative
Office to answer communication.
City of Chico. Mayor Thorn requests that the county take the necessary
action to increase the transient occupancy tax from 5% to 6%
to be effective January 1, 1978. -Set for hearing Aecember 6,
1977 at 10:15 a,m.
Greater Chico Chamber of Commerce. The Chamber writes concerning the stand
they are taking on the deregulation of cable television services.
Supervisor Winston to report back November 29, 1977.
Minasian, Minasian, Minasian, Spruance & Baber, Attorneys at Law. The
Attorneys, on behalf of Table Mountain Irrigation District, writes
requesting a resolution approving of the Districts arrangement
for draining Concow Reservoir in order to make repairs. See
motion following communications.
-Page 86.
November 22, 1977
November 22, 1977
State Solid Waste Management Board. The State advises that the county's
designation of the Environmental Health Department meets the
2 ~.O ~ ', requirements to enforce the laws and regulations pertaining to
AB 2439. Information.
Governor's Commission to Review California Water Rights Law. The commission
sends notice of their next meeting in Stockton December 8, 1977,
4// O O regarding riparian waterrights in California and possible
modifications of the law. See motion following communications.
State Gable TV, CHico. The firm writes concerning passage of the
Copyright Act of 1976, to be imposed as of January 1, 1978, and
requests that the Board adopt a resolution similar to the City
~ gyp. ¢,3 of Chico approving amendment to subscriber rates for the CATV
System. Set for hearing December 6, 1977 at 10:30 a.m.
B. Jack Bottom. Mx. Bottom appeals conditions of curbs, gutter and
~ sidewalks on tentative parcel map, AP 36-66-OI. Set for hearing
~/ ~.OS December 6, 1977 at 10:45 a.m.
Paradise Municipal Advisory Council. The Council sends recommendation
No. 77-9 regarding proposed doctor's office complex adjacent to
~~J,p p Feather River Hospital, Paradise asking that an EIR study of
the project be made. Referred to hearing later in the-meeting.
Donald O. Schumacher, Chico. Mr. Schumacher submits a claim in the
amount of $141.80 for damage to his vehicle. Referred to
~ n ~,~ ~ ', insurance committee.
77-2233_ APPOINTME.'NT - BUTTE COUNTY MOSQUITO ABATEMENT DISTRICT
On motion of Supervisor Winston, seconded by Supervisor Moseley
and carried, the following people were appointed as members of the Butte
County Mosquito Abatement District for new two-year terms to expire
December 31, 1979:
Allan Johnson
James Shelby
77-2234 APPOINTMENT - DURHAM MOSQUITO ABATEMENT DIST_REC_T
', On motion of Supervisor Winston, seconded by Supervisor Moseley
and carried, the following people were appointed as members of the Durham
Mosquito Abatement District for new two-year terms to expire December 31,
1979:
Marilyn Weibel
Robert Kidd
Roger Sohnrey
77-2235 APPROVE REQUEST OF MINASIAN, MINASIAN, MINASIAN, SPRUANCE AND BABER,
ATTORNEYS AT LAW, ON BEHALF OF TABLE MOUNTAIN IRRIGATION DISTRICT, REQUEST-
ING APPROVAL Or DISTRICT ARRANGEMENT FOR DRAINING CO1QCOld RESERVOIR IN ORDER
TO MAKE REPAIRS
Dan Black stock, county counsel, stated that Table Mountain
Irrigation District is a small district with a reservoir and dam. The
District needs to docrepair work on the bottom of the dam. The district
wants to put the water into Oroville lake and be in a position to deal
with the state and possibly sell the water. In doing so, they will be
selling within the county through the state. Mr. Blackstock stated that
letters should be written to the Department of Water Resources and Table
Mountain Irrigation District advising them that the Board approves of
the arrangement.
On motion of Supervisor Moseley, seconded by Supervisor Madigan
and carried, a Letter is to be written to Department of Water Resources
Page 87.
November 22, 1977
November 22, 1977
and Table Mountain irrigation District advising them that the Board approves
of the arrangement for draining Concow Reservoir in order to make repairs.
77-2236 DESIGNATE PETE MARSH AS BOARD'S REPRESENTATIVE TO GOVERNOR'S COMMISSION
TO REVIEW CALIFORNLA WATER RIGHTS LAW AT MEETING IN STOCKTON DECEMEER 8, 1977
AND EXPENSES TO BE PAID
', On motion of Supervisor Winston, seconded by Supervisor Madigan
and carried, Pete Marsh was designated as the board's representative to the
Governor's Commission to Review California Water RighCS Law meeting in
Stockton December 8, 1977 with expense to be paid.
77-2237 REFER RECOI~IlKENDATION FOR REZONE FROM "A-2" TO "C-2" FOR CLARK ROAD,
PARADISE AREA TO PLANNING COI~'ffSSION
On motion of Supervisor Winston, seconded by Supervisor Madigan
and carried, recommendation for rezone from "A-2" to "C-2" for Clark Road,
.Paradise area was referred to the Planning Commission for consideration.
77-2238 ADMINISTRATIVE OFFICER TO COb1TACT PLANNING DIRECTOR AND ZONING
INVESTIGATOR FOR INVESTIGATION OF A GROUP OF PEOPLE LIVING IN TENTS AND
BUSES ON A-5 LAND OFF OF CUNNINGS ROAD AND REPORT BACK TO THE BOARD
Chairman Richter stated that he had received a complaint regarding
a group of people living a.n tents and buses on A-5 land off of Cummings Road
and would like to have the Planning Director and Zoning Investigator be
notified by Administrative Officer to investigate and report back to the
Board.
77-2239 BOARD OF ZONING ADJUSTMENT DIRECTED TO HOLD HEAR'CNG ON USE PEkZtiIIT
PRIOR TO SUBDIVISION COMMITTEE MAKING DECISION O1Q SUBDIVISION - BUTTE
CREEK ESTATES: MEETING TO BE HELD IN DURHAM MULTIPtTRPOSE ROOM - DURHAM
ELEMENTARY SCHOOL ON DECEND3ER 15, 1977 AT 7:3(3P.M.
On motion of Supervisor Moseley, seconded by Supervisor Madigan
and carried, the Board of Zoning Adjustment was directed to hold a hearing
on the use permit for Butte Creek Estates prior to the Subdivision Committee
', making a decision on the subdivision, with the hearing to be held on
is December 15, 1977 at 7:30 p.m. in the Durham Elementary School Multipurpose
Room.
77-2240 AUTHORIZE PLACEMENT OF MARKER, INSTALLED BY NATIVE SONS AND DAUGHTERS
IN 1917 SHOWING BIDWELL BAR, AT RECONSTRUCTIOIQ SITE OF NEtd BIDWELL BAR
EXTENSION BRIDGE WITH THE ADDITIONAL MARKER TO SHOW WHERE THE ORIGINAL
', MARKER HAD BEEN
Supervisor Winston stated that he had been contacted by the
native sons and daughters and asked that the monument that had been
installed in 1917 be placed at the site of the reconstructed Bidcgell
Bar Bridge. The monument was removed during the construction of the
dam. The Department of Parks and Recreation want to know where it is
to be installed.
On motion of Supervisor Winston, seconded by Supervisor Madigan
and carried, placement of the monument near the reconstructed Bidwell Bar
Bridge with additional marker showing the original location was authorized.
77-2241 AUTHORIZE ADVANCE STEP HIRING - PUBLIC HEALTH SANITARIAN II, RANGE
21 0 STEP D• AND DEPUTY COUNTY COUNSEL IV RANGE 32 0 STEP E
On motion of Supervisor Winston, seconded by Supervisor Madigan
and carried, advance step hiring of Public Health. Sanitarian II, range
21.0, step D; and deputy County Counsel IV, range 32.0, step E was
authorized.
77-2242 ACCEPT PIiOTO IDENTIFICATION SYSTEM EQUIPMENT FROM THE SHERIFF AND
AUTHORIZE IMP'LEMEVTATION OF THE SYSTEM
On motion of Supervisor Winston, seconded by Supervisor Madigan
and carried,the photo identification-system equipment from the Sheriff
accepted and implementation of the system authorized.
Page 88.
November 22, 1977
November 22, 1977
77-2243 APPROVE ANTIRECESSION EXPENDITURE~REPORT FOR 1976-77 FISCAL YEAR
On motion of Supervisor Winston, seconded by Supervisor Madigan
and carried, the antirecession expenditure report for 1976-77 fiscal
year was approved and the Chairman authorized to sign.
77-2244 APPROVAL OF CONTRACT - BUTTE COUNTY FAIR - FOR OPERATION OF THE FAIR
AND FAIR FACILITIES FORA PERIOD OF FIVE YEARS BEGTNNTNG JANUARY 1, 1978
AND•ENDING DECEMSER 31 1982 CONTINUED TO NOVEMBER 29 1977
Aggroval of the Butte County Fair renewal agreement for the
operation of the fiar and fair facilities for a period of five years
beginning January 1, 1978 and ending December 31, 1982 was continued
to November 29, 1977.
77-2245 APPROVE d:02NT EXERCISE OF POTdERS AGREEMENT CREATING A NORTHERN
CALIFORNIA EMERGENCY MEDICAL CARE COUNCIL
On motion of Supervisor Winston, seconded by Supervisor Madigan
and carried, the amended Joint Exercise of Powers Agreement creating a
Northern California Emergency Medical Care Council was approved and
the Chairman authorized to sign. AYES: Supervisors Madigan, Winston
and Chairman Richter. NOES: Supervisor Moseley. ABSENT: Supervisor
Lemke.
77-2246 APPROVE BIIDGET TRANSFERS
On motion of Supervisor Madigan, seconded by Supervisor Winston
and carried, the following budget transfers were approved:
B-55 Welfare Administration. Transfers $530 from regular
salaries and wages to fixed assets in order to provide an additional
appropriation for the purchase of five used desks transferred from Central
Services that was approved by the Board on November 1, 1977; Minute
Order 77-2112,
B-57 Federal Revenue Sharing - plant acquisition. Transfers
$40,000 from miscellaneous projects unallocated appropriations to the
Superior Court parking lot in order to establish an appropriation for
the parking lot construction in accordance with Board approval on
November 8, 1977; Minute Order 77-2160.
B-59 Public Works - road construction. Transfers $2,874.45
from the road reserve to the Lassen Avenue Project to provide an additional
appropriation for change order number 2. This project was completed
during the 1976-77 fiscal year and the~Chang;~ order was approved by the
Board on November 8, 1977; Minute Order 77-2171.
B-60 Oroville Constable. Transfers $250 from the reserve to
other transportation and travel in order to establish appropriation in
the constable's travel account because of the requirement for the constable
to deliver documents to various locations.
77-2247 APPROVE TECHNICAL SERVICES CONTRACT - AUDREY DOWiQES - TO PROVIDE
A SERIES OF TRAINING MEETINGS FOR HEAD START PARENTS IN AN AMOUNT NOT
TO EXCEED $94.50 AND WILL OPERATE FROM NOVEMBER 16 THROUGH DECEMBER 15,
1977
On motion of Supervisor Winston, seconded by Supervisor Madigan
and carried, the technical services contract with Audrey Downes to provide
a sexies of txaining meetings for Head Start parents in an amount not to
exceed $94.50 and will operate from November 16 through December 15, 1977
was approved and the Chairman authorized to sign.
r __
Page 89. -.
November 22, 1977
November 22, 1977
77-2248 APPROVE HEAD START~1978 PROGR<<1M AND BUDGET SUBMISSION IN THETAMOUNT
OF $247 918 ($198,335 FEDERAL AND $49.583 NON-FEDERAL)
On motion of Supervisor Winston, seconded by Supervisor Moseley
and carried, the Head Start 1978 program and budget submission in the
amount of $247,918 ($198,335 federal and $49,583 non-federal) was approved
and the Chairman authorized to sign.
77-2249 AUTHORIZE REKOVAL OF HIRING FREEZE FOR MENTAL HEALTH TECHNICAL/COUNSELOR
AND DIRECT PERSONNEL TO REVIEW THE_pROPER POSITION CLASSIFICATIONS
On motion of Supervisor Winston, seconded by Supervisor Moseley
and carried, removal of hiring freeze for the Mental Health Technical/
Counselor was authorized and Personnel was directed to review the groper
position classifications.
77-2250 DISCUSS20N: .SPEED LIMITS - THERMALITO AREA - PUBLIC WORKS TO BRING
ORDINANCE BACK TO Tt1E BOARD
Clay Castleberry, public works director, stated that after a
meeting with the highway patrol there was a plan to reduce the speed
i limits on some of the streets in the Thermalito area. Mr. Castleberry
', to bring an ordinance back to the Board lowering the speed limits on
some of the streets.
77-2251 ADOPT RESOLUTION 77-182: RESOLUTION COVERING ADDITIONAL PUBLIC
ROAD CONNECTIONS TO STATE ROUTE 32 BETWEEN HOG SPRINGS AYVD FOREST RANCH
On motion of Supervisor Madigan, seconded by Supervisor Winston
and carried, Resolution 77-182 covering additional public road connections
to State Route 32 between Hog Springs and Forest Ranch was adopted and
the Chairman authorized to signo AYES: Supervisor Madigan, Moseley, Winston
and Chairman Richtero ABSENT: Supervisor Lemke.
77-2252 APPROVE CONTRACT CHANGE ORDER N0. 1 - SKYWAY BRIDGE AT BUTTE CREEK,
PROJECT N0. 51261-76-2 IN THE DECREASING AMOUNT OF $6,877.55
__.. On motion of Supervisor Winston, seconded by Supervisor Madigan
and carried, Contract Change Order No. 1, Skyway Bridge at Butte Creek,
project no. 51261-76-2 in the decreasing amount of $6,877.55 was approved.
77-2253 AUTHORIZE REFUND TO i~L HARRINGTON FOR $3,900 (ROAD IMPROVEMENTS) AND
$1,800 (ORDINANCE FEE} THAT WAS DEPOSITED WITH A PARCEL MAP
On motion of Supervisor Winston, seconded by Supervisor Madigan
and unanimously carried, refund to Mel Harrington for $3,900 (road improve-
ments} and $1,800 (ordinance fee) that was deposited with a parcel map
was authorized.
77-2254 PUBLIC HEARING: RODNEY KOPSA - APPEAL CONDITION 1 OF TENTATIVE PARCEL
MAP, AP 54-17-33, TWO LOTS, ON THE SOUTH SIDE OF PEARSON ROAD, 200 FEET
WEST OF EDGEWOOD LANE. PARADISE - CONTINUED__TO JANUARY 3, 1978 AT 9:30 A.M.
The public hearing of Rodney Kopsa appeal of condition l of
tentative parcel map, AP 54-17-33, two lots, on the south side of Pearson
Road, 200 feet west of Edgewood Lane, Paradise was held as continued.
Supervisor Winston stated that he had received a call from Mr. Mace asking
that the matter be continued for 30 days.
Hearing open to the public. Appearing: No one.
Hearing closed to the public and confined to the Board.
Hearing continued to January 3, 1978' at 9:30a,m.
77°2255 BOARD MEETING CANCELLID PE1R DECEMBER 27,-19.77
On motion of Supervisor Winston, seconded by Supervisor Madigan
and carried, the Board- meeting for December 27, 1977 was cancelled.
AYES: Supervisors Madigan, Moseley and Winston. NOES: Chairman Richter.
ABSENT: Supervisor Lemke Page 90
November 22, 1977
November 22, .1977
77-2256 MOTION OF INTENT: COUNSEL TO PREPARE EMERGENCY ORDINANCE COVERING THE
NATURAL DRAINWAYS THAT EXIST AT THE PRESENT TIME - THEI~7ALIT0 AREA
Clay Castleberry, public works director, stated that there is
a great deal of building going on in the Thermalito area. Mr. Castleberry
', stated that it will soon get to the point that no permits for building
can be issued because of the dxainage problem. Mr. Castleberry stated
that he has a preliminary layout with the main drains. An engineering
firm has been contacted to see what it would cost to determine the
size of the channels to be preserved. Sometime in the near future a
proposal will be brought to the Board.
Discussion of formation o£ a county service area or assessment
district had at this time. No action taken.
On motion of Supervisor Winston, seconded by Supervisor Madigan
and carried, a motion of intent for Counseltto prepare an emergency
ordinance covering the natural drainways that exist at the present time
in the Thermalito area was approved.
77-2257 WAIVE SECOND READING: ADOPT ORDINANCE 1885: ORDINANCE AMENDING SECTION
31-7.5(d) OF THE BUTTE COUNTY CODE DEALING WITH REFUSE COLLECTION AND
REMOVAL
On motion of Supervisor Winston, seconded by Supervisor Moseley
and carried, the second reading of the ordinance amending Section 31-7.5(d)
of the Butte County Code dealing with refuse collection and removal was
waived; Ordinance 1885 was adopted and the Chairman authorized to sign.
77-2258 REPORT TO THE BOARD CONCERNING TkFE CLAIM OF KEN L. BUSHMAN CONTINUED
TO NOVEMBER 29. 1977
The report to the board concerning the claim of Ken L. Bushman
was continued to November 29, 1977.
77-2259 ACCEPT CERTIFICATION OF CANVASS OF VOTES, SPECIAL ELECTION IN SUPERVTSORTAL
DISTRICT N0. 2 AND UNIFORM DIST1ZiCT ELECTION
On motion of Supervisor Moseley, seconded by Supervisor Madigan
and carried, the certification of canvass of votes for the November 8, 1977
special recall election in Supervisorial District No. 2 'and Uniform-District
Election was accepted as follows:
STATE OF CALIFORNIA )
SS.
COUNTY OF BUTTE )
I, CLARK A. NELSON, COUNTY CLERK of said County, do hereby
certify that, in pursuance of the provision of Section 23550 of the
Election Code, I did canvass the xeturns of the votes cast in the above
election held on November 8, 1977 for elective offices and for and against
each measure submitted to the vote of the votexs, and that the whole
number of votes cast in said election and the whole number of votes cast
for each of the respective precincts therein, and that the totals of
the respective columns and that totals as shown for each candidate and
for and against each measure are full, true and coxxect.
WETNESS my hand and offical Seal of
my office this 21st day of November 1977
(S E A L) CLARTC A. NELSON, COUNTY CLERK
By /s/ ELEANOR M. BECKER
Eleanor M. Becker
Assistant Registrar of Voters
AYES: Supervisors Madigan, Moseley~y :and Winston. ABSTAINING: Chairman
Richter. ABSENT: Supervisor Lemke
Page 91.
November 22, 1977
November 22, 1977
EXECUTIVE SE55ION:J The Board recessed at 9:50 a.m. to hold an executive
session regarding litigation
RECONVENE: The Board reconvened at 9:55 a.m. following an executive
session regarding litigation.
77-2260 APPROVE AGREEMIIVT WITH LOUISIANA-PACIFIC FOLLOWING SETTL"EMEN'P
CONFL~RENCE HELD IN SUPERIOR COURT
On motion of Supervisor Winston, seconded by Supervisor Madigan
and carried, the negotiated settlement agxeement with Louisiana-Pacific
was approved and the Chairman authorized to sign said agreement.
77-2261 EXCUSE SUPERVISOR LEMKE FROM MEETING
On motion of Supervisor Madigan, seconded by Supervisor Winston
and carried, Supervisox Lemke was excused from the meeting.
77-2262 PUBLIC HEARING: WESLEY J. BARNUM - APPEAL THE DETER~TGNATTON OF THE
ENVIRONMENTAL REVIEW DIRECTOR THAT AN EIR IS REQUIRED ON REZONE FROM
"R-1 A&C" (SINGLE FAMILY RESIDENTIAL, ARTS AND CRAFTS) TO "PA-C" (PLANNED
AREA-CLUSTER) PROPERTY LOCATED ON THE EAST SIDE OF PENTZ-MAGALIA HWY.
APPROX. 1,000 FT. NORTH OF FICKETT LANE, IDENTIFIED AS AP 53-27-07 AND 08,
CONTAINING 3.O ACRES. MORE OR LESS, PARADISE
The public hearing on the Wesley J. Barnum appeal of determination
of the Environmental Review Director that an EIR is required on rezone from
"R-1 A&C" (single family residential, arts and crafts) to "PA-C" (planned
area-cluster) property located on the east side of Pentz-Magalia Hwy.,
approximately 1,000 feet north of Fickett Lane, identified as AP 53-27-07
and 08, containing 3.0 acres, more or less, Paradise was held as advertised.
Chairman Richter stated that there has been a request for a continuance
as Supervisor Lemke could not be at the meeting.
Hearing open to the public. Appearing:
1. Raymond A. Leonard, Attorney for the Applicant. Mr.
Leonard stated that he would agree to the continuation. Mr. Leonard
requested that the Board set the hearing for two weeks.
2. Roy Horne. Mr. Horne stated that he would like to see
the legal advertisements give the location of the property without the
legal description so that people knew what was being considered.
The hearing is continued to December 6, 1977 at 10:00 a.m.
77-2263 PUBLIC HEARING: FEATHER RIVER HOSPITAL - NEGATIVE DECLARATION AND
USE PERtiIIT TO ALLOW ACCOUNTING, BUSINESS AND PER50NNEL OFFICES FOR FEATHER
RIVER HOSPITAL ON PROPERTY ZONED "R-1 A&C" (SINGLE FAMILY RESIDENTIAL,
ARTS AND CRAFTS) LOCATID APPRDX. 250 FT. EAST OF PENTZ-MAGALIA HWY.,
APPROX. 110 FT. NORTH OF RIVER VIEW DRIVE, IDENTIFIED AS AP 54-21-101.,
PARADISE
The public hearing on the Feather River Hospital negative
declaration and use permit to allow accounting, business and personnel
offices for Feather River Hospital on property zoned °'R-1 A&C" (single
family residential, arts and crafts) located approx. 250 feet east of
Pentz-Magalia Hwy., approximately 110 feet north of River View Drive,
identified as AP 54~-21-101, Paradise was held as advertised. Chairman
Richter stated that this hearing should be postponed and heard with
the other hearing.
On motion of Supervisor Winston, seconded by Supervisor Moseley
and carried, the hearing was continued to December 6, 1977 at 10:00 a,m.
Page -92:;
November 22, T977
November 22, 1977
77-2264 DIRECT AUDITOR TO RELEASE ALL OF THE IMPOUNDED FUNDS IdITH THE
TNTEREST IN ACCORDANCE WITH THE LAW - LOUISIANA-PACIFIC
On motion of Supervisor Winston, seconded by Supervisor Moseley
and carried, the Auditor was directed to release all of the impounded
funds with the interest in accordance with the law to Louisiana-Pacific.
', 77-2265_ APPEARANCE: DEVERE PACE, CHICO
Mr.-Pace stated that he would like to know what the medical
care services are on the tax bill and what it covexs.
Mr. Nickelson, administrative officer, stated that this was
the mandatory amount levied on the county for Medi-Cai.
Supervisor Madigan stated that the Board should check through
CSAC and Nine Northern Counties the status of the amendment to the
legislation to take this off the county tax roll and place it with the
state.
RECESS: 10:07 a.m.
RECONVENE: 10:15 a.m.
77-2266, PUBLIC HEe1RING: K. RUSSELL AND PATRICIA A. DARLING - APPEAL CONDITIONS
10, 12 AND 16 ON TENTATIVE PARCEL MAP, AP 45-412-78, 4 LOTS, NORTH SIDE OF
VALLOMBROSA AVENUE, 480 FT. WEST OF MANZANITA AVENUE TO PROPERTY LINE,
CHICO
The public hearing on the K. Russell and Patricia A. Darling
appeal of conditions 10, 12 and 16 on tentative parcel map, AP 45-412-78,
4 lots, north side of Vallombrosa Avenue, 480 ft. west of Manzanita
Avenue to property line, Chico was held at this time. Clay Castleberry,
public works director, set out where the parcel was located. The
conditions being appealed are those for curbs, gutters and sidewalks
and drainage. The natural drainage of the property :: •. into the Park.
Hearing open to the public. Appearing: Mr. Darling stated
that he was willing to pay the $1,800 deposit but was unable to put
in the dry wells because of the ordinance. Mr. Darling stated that
the main concern was with the summer time drainage and the runoff of
fertilizer into the one-mile dam. The percolation tests show that
this would not happen. The drainage would only come from the front
parcel. Mr. Darling stated that he planned to put a community well
on parcel ~kl. Most. of the runoff goes to the back of the property.
The present cul-de-sac is substandard. By having to put in the ha1£
street section one side o£ the road would be standard and the other
would not be. This is a private road and could not be dedicated to
the County.
Clay Castleberry stated that the installation of curbs,
gutters and sidewalks would aggrevate the drainage problem.
Mr. Darling stated that he is asking for deletion of the
sidewalk and placement of rolled curbs would be fine with him.
Hearng_c3osed to the public and confined to the Board.
On motion of Supervisor Madigan, seconded by Supervisor Richter
and carried, the appeal was denied. AYES: Supervisor Madigan, Winston
and Chairman Richter. NOES: Supervisor Moseley. ABSENT: Supervisor
Lemke>
Page 93
November 22, 1977
_._, ._
November 22,1977
77-2267 PUBLIC HEARING: DON LeFORCE - NEGATIVE DECLARATION AND USE PERMIT
TO ALLOW THE SALE OF CONSTRUCTION EQUIPMENT ON PROPERTY ZONED "A-2"
(GENERAL) LOCATED ON THE WESTISIDE OF PACIFIC HEIGHTS ROAD, APPROX.
1/4 MILE NORTH OF THE STATE HWY 70, BAGGETT MARYSVILLE ROAD INTERSECTIOI3,
IDENTIFIID AS AP 3b-51-16, OROVILLE (APPEALING PORTIONS OF CONDITIONS
1 AND 3
The public hearing on the Don LeForce negative declaration and
use permit to alloca the sale of construction equipment on property
zoned "A-2" (general) located on the west side of Pacific Heights Road,,
approximately 1/4 mile north of the State Hwy 70, Baggett Marysville
Road intersection, identified as AP 36-51-16, Oroville (appeal of
portions of conditions 1 and 3) was held as advertised.
Hearing on the negative declaration open to the public.
Appearing: No one.
Hearing closed to the public and confined to the Board.
On motion of Supervisor Moseley,-seconded by Supervisor Winston
and carried, finding the proposed project could not have a significant
effect on the environment, a negative declaration was recommended.
Hearing on the use permit open to the public. Appearing:
Don Lek'orce. Mr. LeForce stated that the Board of Zoning Adjustment
had placed a requirement of deed a 50-foot right-of-way to the County
of Butte and a condition to have a site obscuring fence. The
use permit was requested to have an equipment sales business. If
the property is obscured no one would be able to see the business.
The 50-foot deed should be deed 50 foot right-of-way of Pacific
Heights Road to the County of Butte. Mr. LeForce stated that he had
checked:', with Ray Cobbler, public works.
Hearing closed to the public and confined to the Board.
On motion of Supervisor Winston, seconded by Supervisor Moseley
and carried, the appeal was upheld.,:.:-! _ ,_,..xc:~s '.
77-22b8 PUBLIC HEARING: IRIS SOLIS - PETITION FOR VARIANCE TO PROVISONS OF
SECTION 19-10 AND/OR 19-12 OF THE BUTTE COUNTY CODE FOR PLACEMENT OF A
MOBILE HOME AT 7040_FoF.S.R., OROVILLE, AP 72-05-20
The public hearing an-the Iris~Solis petition for variance to
provisions of Section 19-10 and/or 19-12 of the Butte County Code for
placement of a mobile home at 7040 F.F.S.R., Oroville, AP 72-05-20 was
held as advertised. Howard Toussaint, Sanitarian, stated that the
petition was in order.
Hearing open to the public. Appearing: No one.
Hearing closed to the public and confined to the Board.
On motion of Supervisor Moseley, seconded by Supervisor Madigan
and carried, the petition for variance to provisions of Section 19-10
and/or 19-12 of the Butte County Code for placement of a mobile home
for Iris Solis at 7040 F.F.S.R., Oroville, AP 72-05-20, was approved
for ''a='peiod of one year..
RECESS: 10:50 a.m.
RECONVEYE: 11:60 a.m.
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November 22, 1.977
November 22, 1977
77-2269 ADOPT ORDINANCE 1886: PUBLIC HEARING: WALTER TEviPLE, 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 EAST 22ND STREET, IDENTIFIED AS AP 46-24-17, AP 46-23-45, AP 46-23-50,
AND AP 4b-23-52 CONTAINING 5.75~ACRES, ~'I_0_RE OR LESS, CHICO
The public hearing on the 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 East
22nd Street, identified as AP 46-24-17, AP 4623-45, AP 46-23-50, and
AP 4b-23-52 containing 5.75 acres, more or less, Chico was held as
advertised.
Hearing open to the public on the negative declaration..
Appearing: No one.
Hearing closed to the public and confined to the Board.
On motion of Supervisor Moseley, seconded by Supervisor Madigan
and carried, finding the proposed project could not have a significant
effect on the environment, and a negative declaration is recommended.
Hearing on the rezone 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
anal carried, the rezone from A-2 to M-2 was approved with the findings that
the proposed rezone is in conformity with the general plan and a negative
declaration has been filed; Ordinance 1886 was adopted and the Chairman
authorized to sign. AYES: Supervisors Madigan, Moseley, Winston and
Chairman Richter. ABSENT: Supervisor Lemt~e.
77-2270 APPEARANGE: STANT.EY FORTIER, DAYTON AREA_
Mr. Fortier stated that the Agriculture Advisory Committee was
to come to his orchard and did not arrive until 4:30 p.m. Now that there
has been a freeze. there is not much to see. Mr. Fortier showed the Board
Kiwis from last year and photos of this year's crop.
77-2271 APPOINTMEN'P - CITIZENS ADVISORY TASK FORCE FOR THE BUTTE COUNTY GENERAL
PLAN HOUSING ELEMENT UPDATE
On motion of Supervisor Moseley, seconded by Supervisor Winston
and carried, Jack Wilson was appointed member of the Citizens Advisory
Task Force for the Butte County General Plan Housing Element Update.
RECESS: 11:10 a.m.
RECONVENE: 11:30 p;m.
77-2272 ADOPT ORDINANCE 1887: PUBLIC HEARING: H. L. PARKINGSON - NE~ATIVE
DECLARATION AND REZONE FROM "A-R" (agriculture residential) to " R-MH"
(AGRICULTURAL 1tESIDENTIAL-MOBILE HOME) PROPERTY LOCATED ON THE NORTH SIDE
OF GREENVILLE STREET APPROY. 800 FEET WEST OF LOWER WYANDOTTE ROAD, IDENTIFIID
AS AP 36-011-05 CONTAINING 0.95 ACRES MORE OR LESS OROVILLE
7tb.e public hearing on the H. L. Parkinson negative declaration
and rezone from "A-R" (agriculture residential) to "AR-MH" (agricultural
residential-mobile home) property located on the north side of Greenville
Street approximately 800 feet west of Lower Wyandotte Road, identified
as AP 36-011-05, containing 0.95 acres, more or less, Oroville was held
ad advertised.
Hearing on the negative declaration open to the public.
Appearing: No one.
Page 95
November 22, 1977
November 22, 1977
Hearing closed to the public and confined to the Board.
On motion of Supervisor Winston, seconded by Supervisor Moseley
and carried., finding the proposed project could not have a significant
effect on the environment, and a negative declaration was recommended.
Hearing on the rezone open to the public. Appearing:
:.H. L. Parkinson in favor of the rezone.
Hearing closed to the public and confined to the Board.
On motion of Supervisor Winston, seconded by Supervisor Moseley
and carried, the rezone from "A-R° to "AR-MH" was approved with the findings
that a negative declaration $as been filed and the rezone is in accordance
with the general plan; Ordinance 1887 was adopted and the Chairman authorized
to sign. AYES: Supervisors Madigan, Moseley, Winston and Chairman Richter.
ABSENT: Supervisor Lemke.
RECESS: 11:32 a.m.
RECONVENE: 1:30 pom.
SUPERVISOR MADIGAN EXCUSED FROM THE MEETING
77-2273 REPORT: DAN BLACKSTOCK, COUNTY COUNSEL, RE: NONACCEPTANCE OF LOW
BID FOR ADMINISTRATION BUILDING BECAUSE ZO% MINORITY CLAUSE WAS NOT IN LOW
BID
Dan Blackstock, county counsel, stated that he had received
a memo from one of his deputies who had researched the bid for the
Administration Building. The bond provides no guarantees if the County
does not accept the bid. It is only good if the bid is accepted.
Since the Board did not accept the bid there is no basis for proceeding
on the bond guarantee.
EXECUTIVE SESSION: The Board recessed at 1:35 p.m. to hold an executive
session regarding a personnel matter-.
RECONVENE: The Board reconvened at 5:30 p.m. following an executive
session regarding a personnel matter. Nothing to report at
this time. The Board will hold another executive session
at 1:30 p.m. on Tuesday, November 29, 1977 to further study
the matter.
77-2274 APPOINTMENT - CITIZENS AAVISORY TASK FORCE FOR THE BUTTE COUNTY GENERAL
PLAN HOUSING ELEMENT UPDATE
On motion of Supervisor Winston, seconded by Supervisor Moseley
and carried, Thelma Anthina Eusantos-Smithson was appointed a member of
the Citizens Advisory Task Force for the Butte County General Plan Housing
Element Update.
ADJOURNMENT
There being nothing further before the board at this time, the
meeting was adjourned at 5:32 p.m. to reconvene on Tuesday, November 29,
1977 at 9:00 a.m.
ATTEST: CLARK A. NELSON, COUNTX CLERK
By Chairman, Board of Supervisors
Page 96
November 22, 3977