HomeMy WebLinkAboutM120776r. r^•
December 7, 1976
STATE OF CALIFORNIA )'
) ss .
COUNTY OF BUTTE )
The Board of Supervisors met at 9:00 a.m. pursuant to adjournment.
Present: Supervisors Ladd, Madigan, McKillop, Richter and Chairman Cameron.
Clif Nickelson, Administrative Officer; Dan Blackstock, County Counsel, and
Clark A. Nelson, County Clerk, by Cathy Pitts, deputy.
Pledge of allegiance to the Flag of United States of America.
76-2082 APPR09AL OF MINUTES
On motion of Supervisor McKillop, seconded by Supervisor Ladd
and unanimously carried, the minutes of November 30, 1976 were approved
as mailed.
76-2063 COMMUNICATIONS
County of Glenn. The County's Assessor, Recorder, Clerk and Welfare
_ Director write concerning the method of charging for data
~ ~ 0•; L processing services. Sea discussion following communications.
Cohaeset Co®unity Association, Inc. The Association requests advance
notice prior to any decision regarding supervisoral redistrict-
I O O Q a ing. Discussed; no action taken.
Maurice L. Norman, Paradise. Mr. Nost~an writes concerning alternatives o£
the water situation is Northern California. Referred to Department
Z •~ ~ of Water resources.
City of Chico. The City requests that the County consultants preparing
the noise and lead use elements ad~aceat to the Chico Municipal
Airport be authorized Co meet and work with the City's Planning
' ' ,3 ~~ ~ Commission as they gxoceed with the elements. Letter to be
written to Chico explaining that the present situation is
critical and that later the Board will participate,
Friends of Butte County. The Frietida write concerning the expansion of
sewer services Lnto Eaet Chico. See discussion following
r ~ ~j 0 C? communications.
State Air Resources Board. The Board sends notification that Butte
County's application for air pollution subvention has been
~ 1 X03 approved in the amount of $22,338. Information.
State Public Utilities Commission. The commiaeian writes concerning the
activities of Chico Clipper and Gridley Flyer. Referred to
7 ~ p, O ~ County Counsel for review and answering.
State Resources Agency. The Agency forwards a draft general plan element
O and use permit ordin8ltce for protecting riparian vegetation for
/ / 'j .a consideration by the Board, Hold until later in the meeting.
Ernst & Ernst, Sacramento. Ernst & Ernst write concerning the statue
3 L .ef..the Auditor/Data Processing study. See discussion following
~ / ~~communications.
Greater Chico Chamber of Commerce. The Greater Chico Chamber of Commerce
write re: future growth of greater Chico area. See discussion
following communications.
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December 7, 1476
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People's Action Committee of Butte County. The Peoples Action Committee
write concerning the letter from Friends of Butte County.
r r 3. ~ See discussion following communications.
Butte County Buildfng and Construction Trade Council. The Council write
concerning the Fri ®ds of Butte County letter. See discussion
~~ ?•~ following communications.
~ Robert Berndt, Magalia. Appeals Subdivision Advisory Agency regarding
Lot Line Modification AP 58-24-37. Set for hearing December 21,
~ r 3. a s 1976 at 1:30 p,m.
Gary Buzzini, Butter County Fire Department. Mr. $uzziai tenders his
resignation as the Fire Department representative on the Butte
! ~ Q •~ ~ County Emergency Medical Services Committee. Letter to be
written thanking Mr. Buzzini for his help.
Del Oro Water Co., Inc. Dal Oro Water Co., Inc. notifies the Board that
~• ~ hydrant water service to County Service Axea No. 53 is available
'~ ?j O , ~3 from existing hydrants within the service area of Del Oro Water
Co., Inc. Referred to Public Works and County Counsel.
~ ~J Donna M. Matteis, Paradise. Mrs. Matteis offers her services to the
/ ~ Cj, '] Paradise Municipal Advisory Council. Read; no action taken.
State Department of Water Resources. The Department forwards the approved .
e 1977 entitlement water delivery schedule. Re#e~ered to Auditor
~fl. Q ~ and County Counsel.
Sacramento County Board of Supervisors. The Board forwards their Resolution
y1/ 75-1255 regarding AB 3121. Tnformatian; ao action takes.
b b Northern California Emergency Medical Cara Council. The Council forwards
report titled, "Emergency Medical Resources - Northeastern
California." Referred to Chairman Cameron. Copy to Supervisor
3 g Q 'b ~ Madigan.
762084 OPEN MEETING ,SIN.. RECOGNIZATION OF PEARL HARBOR DAY
On motion of Supervisor McRillop, seconded by Supervisor Ladd
and unanimously carried, Che meeting wen opened .in recognization of
Pearl Harbor Day.
76-2085 DISCUSSION: LETTERS FROM COUNTY OF GLENN AND ERNST & ERNST.
Supervisor Ladd stated that Data Processing her to give the
Auditor information in order far him to make the costs. There has to
be a charge for overhead items sad costa.
Supervisor Richter read eacepte from a series of letters
concerning the matter.
Discussion of charges far Data Processing had at this time.
Supervisor McRillop stated that in order to bring the costa of Data
Procesaing~•dawn ~ the hardware must be used to its fullest capacity.
Supervisor McRillop stated that Ernst and Ernst have indicated
that there is no way that they can complete their study, They feel that
they are not getting the cooperation from the Departments they need,
Discussion of the letter from Ernst & Ernst had at this .time.
It was fait that a decision on this matter should come after
the Grand Jury Repost hoe be®h-r"eceivad.
Page 331 December 7, 1976
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December 7, 1976
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76-2D86 DISCUSSION; LETTERS FROM FRIENDS OF BUTTE COUNTY, GREATER CHICO
CNAPffiER OF COMNfl;RCE, PEOPLE'S ACTION COMMITTEE OF BUTTE COUNTY, BUTTE
COIINTY BUILDING AND CONSTRUCTION TRADE COUNCIL.
Supervisor Richter stated Ghat the Friends of Butte County
ware responsible for the Attorney General stepping into the lew suit
which created the morAtorium en building in Butte County.
The letters from the Greater Chico Chamber of Commerce, People's
Action Committee of Butte County, Butte County Building and Construction
Trade Council were in support of expansion of sewer services into East
Chico.
It was felt that the County should look at the sewer situation.
~~ 3.°
76-2087 REPORT: TALKS WITH THE ATTORNEY GENERAL.
Supervisor Richter stated that there are three areas in which
it appears that they era reaching an agreement; (1) the lifting of
restraints on holding of final parcel maps; (2) raising of limits o€
property to a higher amount; (3) Possible lifting of acreag~d limits
in dividing n0u-urban areas.
Dsa 8lackstock, County Counsel, stated that the next meeting
will be Wedaeaday at ll;•00-a.m.
Hearing on clarification amendment to the General Plaa is
set for December 2l, 1976 at 2100 p.m.
76-2088 APPEARANCE: AL ESTEP, CHIEF ENGINEER, OFFICE OF LOCAL AS Si STANCE,
CALIFORNIA DEPARTMENT OF TRANSPORTATION.
Mr. Al Estep, Chief Engineer, Office of Local Assistance,
California Department of Transportation stated that he was thankful for
Clay Castleberry's cooperation during hie tee as president of the County
Eagineara Association of California. Mr. Eateg presented the Board with
a letter that he had written to Mr. Castleberry.
Recess: 10:40 a.m.
Reconvene: 1D:55 a.m.
X76-3089 PUBLIC HEARING: EARL, LEAVITT & MINTO - APPEAL OF ADVISORY AGENCY'S
DENIAL OF TENTATIVE PARCEL MAP, AP 44-46-14, 3 'LOTS, NORTHEAST CORNER OF
EATON ROAD & EXPLANADE CHTCO.
The public hearing of the Earl, Leavitt & Minto appeal of
Advisory Agency'e denial of tentative parcel map, AP 4k-46-14, 3 lots,
northeast corner of Eaton Read and Esplanade, Chico was held at this
time. Larry Brooks, Planning, set nut the background of the appeal.
The Advisory Agency denied the application by a unanimous vote.
Tha property is zoned "C-2".
Hearing open to the public: Appearing:Everd McCain. Mr.
McCain stated that this would be for a professional complex. Mr. McCain
set out how a professional complex differs from commercial developments.
Mr. McCain stated Chat this would cause a hardship if this matter were
delayed.
This hearing is continued until December 21, 1976 at 2;00 p.m.
76-2090 PUBLIC HEARING: BILL ALEXANDER - APPEAL OF ADVI50RY AGENCY'S DENTAL
OF BOUNDARY LINE MODIFICATION, AP 51-1D2-09 & 14, EAST SIDE OF SKYWAY,
ACR053 FROM INTERSECTION WITH FTRLAND DRIVE. PARAD_I_SE.
The public hearing of the Bill Alexander appeal of the Advisory
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December 7, 1976
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Agency's denial of boundary line modification, AP 51-102-09 aad lk, east
side of Skyway, across from intersection with-Pirland Drive, Paradise was
held at this time. Larry Broolc, Planning, set out the background of
the appeal at this time. The Advisory Agency would not object to this
change but they are unable to make that decision. This would improve
a bad lot design.
Bearing open to the public: Appearing: Gary Lippincott.
Mr. Lippincott stated that this would make a had situation better. Mr.
Lippincott explained the way the lots are situated.
Hearing closed to the public and confined to the Board.
On motion of Supervisor Richter, seconded by Supervisor Ladd
aad unanimously carried, the Advisory Agency's denial was overruled and
the boundary line modification of AP 51-102-09 and 14 was approved.
76-2091 PUBLIC HEARING: 5HASTA VILLA SUBDIVISION - APPEAL OF PLANNING
COMMISSION'S DETERMINATION THAT AN EiR BE PREPARED ON TENTATIVE
SUBDIVISION MAP, 19 LOTS, NORTR SIDE OF SHASTA.AVENUE, BETWEEN BAY
AVENUE & ESPLANADE, CHICO.
The public hearing on the Shasta Villa Subdivision appeal of
Ptanniag Commission's determination that an environmental impact report
be prepared on tentative subdivision map, 19 lots, north aide of Shasta
Avenue, between Bay Avenue aad Esplanade, Chico was held at this time.
Jay McKeeaan, Planning, set out the background of the appeal.
Discussion of reguirements for an EIR had at this time.
Hearing open to the public: Appearing:
1. Everd McCain. Mr. McCain set out the background of the
property. The utilities are in. There is no drainage problem.
2. Bob Maddox. Mr. Maddox stated that to the east of hie
property as EIR had not be required. Mr. Maddox stated that he did
not feel that there was a need for an EIR.
Hearing closed to the public and confined to the Hoard.
Dan Blackstock, County Counsel, stated that the Board would
have to ask themselves whether this project will adversely change-the
environment, and whether an EIR would help is making a determination
on the map.
Oa motion of Supervisor Ladd, seconded by Supervisor Richter
and unanimously carried, the appellant is upheld and an EIR is act required
with the that there would be no adverse effect on the environment,
basing the opinion on the factors reviewed, inspection of the area, and
the discussion held today.
76-2092 PUBLIC HEARING: EFffNENT DOMAIN ACQUISITION OF REAL PROPERTY FOR
RELOCATION OF E%ISTING i1TILiTY POLES FROM WITHIN LINQTS OF A CITY STRT~'F
RNOWN AS MANZANITA AVENUE. (GLEN E_. 'GREYBIEL AND C. R. WAL7.ACE] . DENIED.
The public hearing for acquisition of real property by eminent
domain for relocation of extstiag utility poles from within limits of a
city street known as Maazeaita Avenue was held•at this time. The property
is owned by Glen E. Greybiel and C. K. Wallace. Gary Azevedo, Public
Works Department, set out the Background of the hearing. Tha• City
of Chico would like for the County to obtain the real property so that
the utility poles may be moved onto the property. Curbs, gutters
aad sidewalks could then be constructed where the utility poles ware
located. Page 333
December 7, 1976
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December 7, 1976
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time.
Discussion of the County condeuo0aing for the City had at this
Hearing open to the publics Appearing:
1. Glen Greybiel, property owner. Mr. Greybiel stated that
he would like to leave things the way they are. He is opposed to the
acquisition of property.
2, C. R, Wallace, property owner. Mr. Wallace stated that
he would also like to leave things the way they are and ie opposed
to the acquisition of hie property.
Hearing closed to the public and confined to the Board.
On motion of Supervisor Richter, seconded by Supervisor McKillop,
and unanimously carried, the appellants, Glen Greybiel and C. K, Wallace,
are upheld sad the eminent domain proceedings are denied.
76-2093 APPEARANCE: JAMES HAN6HN. OROVILLE,
Mr. Haaeon~stated that he feels the Sand fraud unit is going
to coat a great deal more money Chan expected.
RECESS: 12005 p.m.
RECONVENE: 1:30 p,m.
76-2094 PUBLIC HERRING: CASA DE FLORES MOBILE HOME PARR - REZONE FROM "R-4"
MAXIMUM DENSITY RESIDENTIAL), "R-2" (DUPLE& RESIDENTIAL) & "R-1" (SINGLE-
FAMILY RESIDENTIAL) TO "MHP" (MOBILE HOME PARK) PROPERTY ON THE SOUTH
SIDE OF LAS5EN AVENUES CONTAINING 12 ACRE5. MORE OR LESSy CHICO.(CONTD il/9/76~_,
The continued public hearing on Casa De Fioses Mobile Home
Park rezone from "R-4" (maximum density residential), "R-2" (duplex
residential) sad "R 1" (single-family residential) to "M4iP" (mobile home
park) property oa the south side~of Lassen Avenue, containing 12 acres,
more or less, Chico was held at this time. Due to the Attorney General's
stipulation the Board cannaC hear this matter, The Board could deny the
rezone but they could not approve the rezcne.
The hearing is continued until January 11, 1977 at 1:30 p.m.
76-2095 ADOPT ORDINANCE 1774: PUBLIC HEARING: ROBERT J. DUBOSE = APPEAL OF
PI.ANA]ING COMNffSSTON' S DENIl1L OF REZONING FROM "S-R"- (SUBURBAN-RESIDENTIAL)
TO "C-2" (GENERAL CO~RCIAL) PROPERTY ON THE SOUTHWEST SIDE Ol' HWY. 32,
APPRO%IMATELY 1/4 MILE SOU'1`FIEAST OF UNDO CHANNEL, CONTAINING 2 ACRES,
MORE OR LESS, CHICO. (CONT'D FROM'_11L9 76 .
The continued publi~e hearing an the Robert J, Dubose appeal of
Planning Commiseion'e denial of rezoning from "5-R" (suburban-residential)
to "C-2" (general commercial) property oa the southwest aide of Hwy. $2~,
approximately 1/4 mile southeast of Lindo Channel, containing 2 acres, more
or less, Chico waa held at this time. Jim Lawson, Planning Director, set
out the background of the property.
Hearing open to the public. Appearing: Robert J. Dubose.
Mr. Dubose stated that he had all but one building up in the unit when
the zoning was changed on the property. Mr. Dubose stated that he would
like to be able to complete the facility because there is s need for
storage in Chico, especially because of the college. Mr. Dubose stated
that there is nc noise or dust problem.
Hearing closed to the public and confined to the Board.
Page 334
December 7, 1976
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On motion of Supervisor Richter, seconded by Supervisor Madigan
and unanimously carried, the 'Robert J. Dubose appeal of Planning Commission's
denial of rezoning from "S-R" to "C«2" property on the southwest aide of
Hwy. 32, approxis~ately~l/4 mile southeast of Lindo Channel, containing 2
acres, more or less, Chico is upheld sad the property•ia rezoned with the
findings that the property is cQntiguova on two sides by "C-2" property;
it is consistent with the urban element of the general plan; and there
is a hardship created by the lack o£ facilities of this kind and
type which would create a hardship on the community and Mr. Dubose;
Ordinance 1774 was adopted and the Chairman authorized to saga.
76-2096 ADOPT ORDINANCE 17756 PUBLIC HEARING: LAWRENCE W. ACHESON - REZONE
FROM "R-1" (SINGLE-FAMILY RESIDE1~1rIAL) TO "C-2" (GENERAL COMMERCIAL)
PROPF~tTY ON THE SDUTB: SIDE OF ELLIOTT ROAD, APPROXIMATELY 400 FELT WEST
OF SKYWAY. CONTAINING .57 ACRES, MORB OR LE58 _P,AI2ADISE. CCONT'D FROM 1L~ 9 6
The continued public hearing of the Lawrence W. Acheson rezone
from "R-1" (single-family residential) to "G2" (general commercial)
property on the south aide of Elliott Road, approximately 400 feet west
of Skyway, containing .57 acre, scare or leas, Paradise was held at this
time. Mr. Lawson set out the background of the rezone. Tha property
is divided into half by two different zonings.
Searing open to the public: Appearing: Lawrence W. Acheson.
Mr, Acheson stated that he has a business on his property and would like
to expand it but cannot because of the zoning. This is making a real
hardship.
Hearing closed to the public and confined to the Board.
On motion of Supervisor McKiliop, seconded by Supervisor Madigan
and unanimously carried, the property oa•the south side of Elliott Road,
approximately 400 feet west of Skyway, containing ,57 scree, more or
less, Paradise is rezoned to "C-2" with the findings that it is consistent
with the General Plan along Skyway and is not detrimental; it ie contiguous
with the present property; with the findings that this is a hardship as
in the letter written by Mr. Acheson:
Daniel V. Biackstock
Butte County Counsel
1849 Robinson Street
Orovilla, CA 95965
RE: Application for Rezoning
Dear Mr. Blackstock:
Upon reviewing my application for rezoning, please first consider
that I have submitted a petition consisting of approximately 807. of my
neighbors giving their full consent to my request for a rezoning change.
Secondly, there has been ao opposition at either the Planning
Commission or at the two board of supervisors meetings. To the beat of
my knowledge, we meet the conditions set forth by the Attorney General
of the State of California ee outlined in your letter dated November 19,
1976.
1. That proposed rezoning is contiguous to exietiag compatible
uses. The property directly east and ed~oining is'zoaed
C-2.' My property is partiallq zoned C-2 and my request is
to square it up.
2. Creation of a hardship. An outline of hardships that would
ba endured if rezoning were noC granted.
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December 7, 1976
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A. Cost of moving equipment.
B. Average rent and utilities approximately $250 per
month.
C. Increased insurance premiums.
D. Additional advertizing for a 90 day period.
E. Additional vehicle coat, fuel..
F. Hiring of one office type person.
G. Hire a security patrol agency.
These additional expenses is the operation of a email sign
business would force me to go under even during the peak season period.
In the past four and a half years of operation, our sign business has
found that Paradise offers only a seasonal earning period. The winter
months have averaged nut next to nothing.
These above hardships would put my family of 'four oa the payroll
of the Welfare Department instead of a smell business contributing its
fair share towards taxes.
item number 3, I'm afraid I don't know the existing elements
of the Suite County General Plan.
Respectfully yours,
Lawrence W. Acheson
666 811iott Road
Pexadiae, CA 95969
adapt Ordinance 1775 and authorize Chairman to sign.
76-2D97 PUBLIC HSARING: JAMS SORRELL - APPEAL OF PLANNING COML~ffSSION'S
DENIAL OF REZONING FROM "R-1" (SINGES-FAMILY RESIDENTIAL) TO "R-1 A&C"
(SINGES-FAMILY RESIDENTIAL ARTS & CRAFTS) PROPERTY ON THE NORTHWEST
C ORNER OF E. 1ST AVENUE & TERRACE DRIVE, WEST OF MIDi3E WAY, CONTAINING
.20 ACRES. MORE OR LESS. CHICO. (CONT'D FROM 1119/76).
The sontiaued public hearing on the James Sorreil~appeal of
Planning Commisaion'B denial of rezoning from "R-1" (single-family
residential) to "R-1 A&C" (single-family residential arts and crafts)
property oa the northwest corner of S, let Avenue sad Terrace Drive,
west of Mione Way, containing .20 acre, more or less, Chico was held
at this time. Mr. Lawson set out the background of the appeal.
Hearing open to the public: Appearing: No one.
Hearing closed to the public and confined to the Board.
On motion of Supervisor Madigan, seconded by Supervisor Rfchter
end unanimously carried, the appeal of James Sorrell is denied with the
findings that the rezone would be inconsistent with the general plan
and further that it would constitute spot zoning.
76-2098 PUBLIC SEARING: SUITE TALLOW CO. - REZONE FROM "A~2" (GENERAL) TO
"M-2" (HEAVY INDUSTRIAL) PROPERTY ON TSE NORTHEAST CORNER OF SSIPPES
ROAD & HWX 99E, APPROX. 8 MILE6 NORTHWEST OF OROLrlLL_B._(CONT'D FROM l1 6 .
The continued public hearing on the Butte Tallow Company
rezone from "A-2" {general) to "M-2" (heavy industrial) property on the
northeast corner of Shippee Road sad Hwy. 99E, approximately 8 miles
northwest of Oraville was held at this Lime.
Hearing open to the Public. Appearing: No one.
The hearing is continued to January 11, 1977 at 1:30 p.m.
Page 336
December 7, 1976
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76-2099 PUBLIC HEARING: M&T INCORPORATED - REZONE'+ FROM "A-2"(GENERAL)
TO "C-2" (GENERAL COMMERCIAL) PROPERTY ON THE WEST SIDE OF ESPLANADE,
APPRO%. 270.FT, SOUTH OF EATON ROAD, CONTAINING 1.22 ACRE5, MORE OR
LESS. CHICO, (CONT'D FRODS 11/4/76)..
The continued public hearing of M&T Incorporated xesone from
"A-2" (general) to "C-2" (general commercial) property on the west side
of Esplanade, approximately 270 feet south••of Eaton Road, containing 1.22
acres, mare or less, Chico was held at this time. Mr. Lawson net out
the background of the rezone,
Hearing open to the Pub11c. Appearing: No one.
'Hearing closed to the public and confined to the Board.
On motion of Supervisor Madigan the rezone is approved from
"A-2" to "C-2" with the findings that there ie a hardship because there
is an existing use even though•it is non-conforming.
~i0TI0N WITHDRAWN_
time.
Discussion of consistency with the General Plan had at this
The hearing is continued to January 11, 1977 at 1:30 p.m.
76-2100 PUBLIC HEARING: Ii~IItE TOTR - APPEAL OF ADVISORY AGENCY'S DENIAL OF
BOUNDARY LINE MODIFICATION, AP 65-09-1fi & 17, EAST SIDE OF SKYWAY,
NORTH OF STEIFPER ROAD. PARADISE. "
The public hearing of Imre Toth appeal of Advisory Agency's
denial of boundary line modification, AP 65-09-16 & 17, east side of
Skyway, north of Steiffer Road, Paradise was held at this time. Larry
Brooks, Planaiag, net out the background of the appeal. There are no
objections to the boundary Iine modification by the Advisory Agency;
They are unable to rule on this matter.
Diacuesioa of Advisory Agency ruling on the boundary line
modifications Bad at this time. "'' •
Oa motion of Supervisor Richter, seconded by supervisor Ladd
and unanimously carried, the intent of the Board is that the Advisory
Agency use the Section Exceptions in the Codification Ordinance to
approve boundary line modifications.
Hearing open to the public. Appearing:
I. Gary Lippincott. Mr. Lippincott stated that this
modification would improve the coalition of the•parceis.
2. Teddy Malguiat, Mr, Malquiat stated that this was
for the AeSabla Fire Department. Thin would allow storage of vehicles.
Rearing closed to the public and confined to the Board.
On motion of Supervisor Richter, seconded by Supervisor McKillop
and unanimously carried, the Advisory Agency's denial is overridden and
the boundary line modification is approved with the findings that it
improves two bad lots and it is in the interest of the health, safety,
and welfare of the people.
76-2101 CLARIFICATION FOR ADVISORY AGENCY,
Larry Brooks, Planning, asked that the Board clarify the
problem of density in 3 to 1 ratio. The Advisory Agency cannot act
on this matter and all of these have to go before the Board.
On motion of Supervisor Ladd, seconded by Supervisor Richter
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December 7, 1976
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and unanimously carried, the Advisory Agency can act upon the 3 to 1
ratio under the exceptions rule.
76-2102 PUBLIC REARING: REQUEST FOR WIT~i,DRAWAL,FROM TAND CONSERVATION AGREE-
MENT - HAYES AND BUNCH,__(CONT'D FROM 11/9/75).
The continued public helerring of the request for withdrawal
from Land Conservation Agreement - Hayes and Bunch was held at this
time. Dan Biackstock, County Counsel, set out the background of the
request.
Rearing open to the public. Appearing: Richard Cherry.
Mr. Cherry stated that he was opposed to Hayes and Bunch withdrawing
from the Land Conservation Agreement. Mr. Cherry owns adjacent
property and is is the Williamson Act.
hearing closed to the public and confined to the Board.
Oa motion of Supervisor Madigan, aecorided by Supervisor McKillop
and unanimously carried, the Hayes and Bunch request for withdrawal from
the Land Conservation Agreement was denied.
76-2103 PUBLIC HEARING: GENERAL PLAN ELEMENTS AND ENVIRONMENTAL IMPACT
REPORT - SEISMIC SAFETY, SAFETY, NOISE AND SCENTS ffiGHWAY (CONTINUED
FROM 11/9/Ib).
The continued public hearing on the General Plan Elements
and Environmental Impact Report on the Seismic Safety, Safety, noise,
and scenic highway was held at this time.
Mr. Bob Geiser, Planning, stated that he had talked to the
consultant and they axe about a week behind their schedule. This will
be taken to the Environmental Review Committee on January 31, 1977:
Discussion of the time it will take to complete hearings on
the General Plan elements had at this time.
76-210k AUTHORIZE QUITCLAIM DEED CONVEYING A PORTION OF AILLCREST AVENUE
(ALMOND AVENUE) NO LONGER NEED FOR ROAD PURPOSES.
Oa motion of Supervisor McAillop, seconded by Supervisor Ladd
and unanimously carried, the quitclaim deed conveying a portion of
Hillcrest Avenue (Almond Avenue) no longer needed for Rnad purposes
is approvad.~and the Chairman authorized to sign.
76-2105 RECONFIRM HIRING OF ARCHITECT AND APPROVE 'PROPOSAL FOR WELFARE
GE.
On motion of Superrrieor Madigan, seconded by Supervisor Ladd
sad unanimously carried, the Board reconfirmed the hiring of Gene McFarren
as architect and approved the proposal for the Welfare fire damage.
76-2 06 AUTHORIZE ERTEN5ION OF TIME FOR BUILDIN INSPECTOR OF JUVENILE HALL
On motion•of Supervisor McKillop, seconded bq Supervisor Ladd
and unanimously carried, extension of time to December 31, 1976 for the
Building inspector of Juvenile Hall is authorized.
76-207 DISCUSSION:_PUSLIC WORKS ITEMS.
Clay Castleberry, Public Works Director, reported on the
meeting concerning the Table Mountain Bridge. Everyone present at
the meeting was is favor of keeping the old bridge for foottraffic
and utilities.If there ie no traffic on the bridge it will be a long
time before maintenance ie needed.
Clay Castleberry stated that not all garbage collection fees
are the same from the private operators. The City of Chico charges
less than the fee for outside the Chico city limits. Mr. Castleberry
set out the rates for the rafae in price at the Neal Read dump.
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December 7, 1976
m n C e s a a s e i s a C a s s s a i s s a e e n c s i C C si i s i i i
Clay Castleberry stated that the City of Chico feels that
acquiring of the Crouch ditch easement is important.
Discussion of the Crouch ditch easement had at this time.
It was felt that this would be quite a maintenance coat and the liability
would be very high.
Mr. Castleberry stated that ha had the preliminary plans of
the Upper Ridge fire station with him. The. plans are ready for finalizing
and going to bid. The coat to put out to bid would be about $150,000.
Supervisor Richter stated that this should be held over until
the maw Board had a thence to look at.the plans.
Oa motion of Supervisor McKfllop, seconded by Supervisor Cameron
authorization for Dan Coak to go ahead with the plane and specifications
to go to bid was approved.
1+IOTj:,ON WITHDRAWN.
Mr. Castleberry stated that the Board authorized Dan Cook
to bring back plans to go to bid. These are just the preliminary plane
and they are being presented so that any corrections can be made if the
Board would like changes made.
76-2106 SET PUBLIC HEARING: EgTENSION OF INTERIM "TM+S" FOR•PROPERTX LOCATED
NOItTEAST OF CHICO, EAST OF BRUCE ROAD, SOUTHEAST OF DOB MILL RIDGE, 50UTH
OF DeSAB'LA, WEST OF PARADISE, MAGALIA, PARADISE PINES, NIMSHEW RIDGE,
NORTH OF SKYWAY, AND NORTH AND WEST OF THE EAST BUTTS CREEK CANYON BLUFF
~~~
A public hearing for extension of interim "TM-5" (timber-
mountain) for property located northeast of Chico, east of Bruce Road,
southeast of Doe Mill Ridge, south of DeSable, west of Paradise, Magalia,
Paradise Pines, Nimshew Ridge, north of Skyway, and north end west of the
east Butte Creek Canyon bluff line. was set for January 11, 1977 at 1.130 g.m.
76-2109 SET PUBLIC HEARING: DAN STAYS, ETAL - REZONE FROM "A-2" •(GENBRAL) TO
"A-5" (AGRICITLTURAL), "SR-1" (SINGLE-FAMILY RESIDENTIAL), "M-1" (LIGHT
INDUSTRIAL), AND "P-Q" (PUBLIC-QUASI PUBLIC) FOR A TOTAL AREA COVERING
ONE SQUARE MILE, MORE OR LESS, LOCATED ON THE EAST SIDE OF COHASSET ROAD,
NO7ZCFT OF EATON ROAD. SOUTHEAST OF CHICO MUNICIPAL AIRPOTtT.
A public hearing was set for January 11, 1977 at 1:30 p.m.
for the Dan Hays, etal - rezone from "A-2" (general) to "A-5" (agricultural),
"SR-l" (si~tgleafamiiy residential), "M-1" (light industrial), and "Y-Q"
(public-quasi public) for a total area covering one square mile, more or
less, located on the east aide of Cohasset Road, north of Eaton Road,
southeast of Chico Municipal Airport.
76-2110 DISCUSSION: RECREATION FACILITIES IN A SUBDIVISION.
Jim Lawson, Planning Director, stated that there was a problem
with the requirement for the recreation facilitie8 in a subdivision. The
recreation districts .are having difficulty is getting started on this.
Mr. Lawson stated that this should be amended until the recreational
element is in the General Plan.
County Counsel to bring back to the Board.
76-2111 DENY REQUEST FOR REFUND OF 9110 FDR STILSON CANYON REZONE FEES.
ldr. Lawson set out the background for the request.
Del 5iemsen, County Counsel's office, stated that in the
Codification Ordinance there is a section that says that if you file
an application for rezoning that ao pert of the fee shall be refundable.
On motion of Supervisor McKillop, seconded by Supervisor Richter
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December 7, 1476
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December 7, 1976
C C Q C O O C Y Q 6 Y Q t i i P R R m 4 P R R R Q Y iA C R W 0 6 Ri ! i 0 0
and unanimously carried, the refund of $1I0 for Stilson Canyon rezone is
denied.
76-2112 AUTHORIZE PURCHASE OF ADDTi'G MACHINE FOR BUILDINGS & SUBDIVISION AND
DIRECT AUD~OR TO PREPARE, BUi1GET TRANSFER FROM UNANTICIPATID REVENUE OF THE
BUILDINGS AND SUBDIVISION BUDGET,
Oa motion of Supervisor Richter, seconded by Supervisor Madigan
and unanimously carried, the purchase of as adding machine for the Buildings
and Subdivision is authorized and Auditor directed to prepare budget transfer
to come from unanticipated revenue of the Building and Subdivision budget.
76-2113 APPROVE BUDGET FOR ENVIRONMENYAL REVIEFT DEPARTMENP AND AUTHORIZE
PURCHASE OF EOUIPMEN'P.
Clif Nickelson, Adminbtrative Officer, set out the proposed
budget for the Environmental Revi~~+ Department.
Supervisor Ladd stated that this budget was far three people
and felt that it should only be two positions.
Mr. Nickelson stated that the instructions were for three
positions and that recruitment is in process.
Discussion of transferring people from Planning to the
Environmental Review Department had at this time. Mr. Rackerby
explained what would take place if you transferred from Planning,
On motion of Supervisor Richter, seconded by Supervisor McKillop
and unanimously carried, the budget for Environmental Review Department
was approved slid"•purc~a&"e-:m~:~equipmeat authorized with funds coming from
the reserve; Clif Nickelson to come back next week with an evaluation
of the Planning Department positions.
76-2114 APPROVE STAFF NEEDS FOR PROBATION OFFICE RE: IMPLEMENTATION OF AB 3121.
Clif Nickelson, Admi~trative Officer, stated that he had sent
the Board a memo regarding the meads of the Probation Office far implement-
ing AB 3121. It is incumbent upon the Board to put on the clerk and
the extended intake personnel for Juvenile Hall so that juveniles can be
diverted out of Juvenile Ha11 much mole quickly. The Board should
authorize a letter of intent to CCCJ to try to obtain $16,000 for
home supervision coats.
Discussion of applying to CCCJ for funding had at this time.
On motion of Supervisor Richter, seconded by Chairman Cameron
and carried, the program to cover A83121 is adopted with the immediate
application to the State for SB 90 funds #or reimbursement for home
supervision people that are the result of legislation and to write to
CCCJ for $16,000 funds; the application to the State is to include all
expenses that axe the direct result of this program. AYES: Supervisors
Madigan, McKillop, Richter and Chairman Cameron. NOES: Supervisor Ladd,
76-2115 APPROVE BUDGET TRANSFERS:
Oa motion of Supervisor McKillop, seconded by Supervisor Madigan
sad carried, the following budget trana£era were rpproved:
,~ 27 ire Protection Department. ~rans'EhrS $9,000 from the Schtdul.e A
tract and together with unanticipated federal revenue of $4,999, increases
equipment acanurit within the department by $13,999. This transfer is to
vide an appropriation for the acquisition of an air compressor'authorized
the Board of Supervisors with the appropriation to come from savings in
Fire Department budget and Federal Grant.. ,Ttee appropriation savings are
m the Schedule A salary savings. --'
Page 340
December 7, 1976
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December 7, 1976
r r s r r r r r r r r r a. r a r r r a r r r r. r r r r r r r r r r r r r
B-28 ~ersonnei. Transfers $3,000 from the reserve to Publications & Legal
aces that have been brought about by an increase cost of publications end •
anticipated number of expensive recruitments that has placed an additional
idea on this budgetary account.
B-30 Public Works General Services., Transfers $5,500 from the reserve
professional & 6pecialfzed:services in order to establish a budget to
rer the contract orith Connerly & Associates for consultant services in
~parakion of the Housing and'Gommunity Development Grant pre-application
1977-78.
8-31 County }tedicai Services. Transfers $3,715.69 nom ~e Peserye to
~gort G care of persons in order to provide un appropriation to cover the
rims for trans lent and indigent medical billings that were npproved by
Board of Supervisors on ltovember 30, 197G.
Ayesa Supervisors Madigan, NcKi.llop, Richte~~~aad Chairman Cameron.
NtJESt Supervisor Ladd.
76-2116 APPROVE RECRUITMENT PROCEDURE AND TIME SCHEDULE FOR ENVIRONMENTAL
REVIEW DEPARTMENT.
Jim Rackerby, Personnel Director, stated Chat recruitment of
a Director for the Environmental Review Department should be started.
This position will be a department head and will not Eall under merit
system rules.
Discussion of appointing a screening committee had at this time.
Supervisor Richter stated that ha felt that Board members
should sit on the first panel to go through the applications.
Mr. Nickelson stated that after the screening committee
selects five names then these will be certified to the Board for their
interview. There will be a great many names on the original list for
the Soard to go Chrough.
Jim Rackerby stated that the recruitment schedule is tc begin
on December 1, 1976 through December 30, 1976. After that time the
Personnel Office must know whether the applicant ie going to be screened
by a committee or by the Board, or if the Board will interview the top
tea. The target date for interviewing is the third Tuesday in January.
An.mottou'.bf Supervisor'McKillop, seconded by Supervisor Richter
and unanimously carried, the procedure for recruitment of the Environmental
Review Director and the time schedule were adapted.
76-2117 APPROVE RENEWAL OF VARIANCE ALTA R..LYNN _
On motion of Supervisor Mad~a~_seconded by Supervisor_Lad_d_,
and unanimons3.y carried, renewal of a variance to Alta R. Lynn"fo
_ Sectiona_19-10 and/or_19-12__of the Bette Covrify ~o3e ~or-p~acemeiit'of
a mobile home at 1175 Grand Avenue, Orovilla, AP 31-253-48, zoning A-2,
was approved.
76-2118 APPROVE AUCTIONEER'S BOND - GEORGE J. HOFFMAN.
On motion of Supervisor Richter, seconded by Supervisor Ladd
and unanimously carried, an auctioneer's bond to George J. Hoffman,
5588 Olive, Paradise was approved.
76-2119 AUTHORIZE SUPERVISOR MADIGAN TO ACT ON BEHALF OF BOARD AT~MEETTNG
FTiTH STATE RECLAMATION BOARD.
Supervisor Madigan stated that the Reclamation Board wants the
lend owners to give their land away along the Sacramento River. Supervisor
Madigan stated that he wanPtaegde thel Board's permission on Thursday to continue
3344 December 7, 1976
December 7, 1976
R Of F' R 4! c P Q R Q i i O i i i i 0! 6 i 0 O Q i C C 6 R R 0 0 0 C Q
to take the position that the farmers do not want to give away their land.
In the area where there is riparian: vegetation that goes back 50 feet
the Board wants another 150 feet back. into the field.
Supervisor Richter stated that the Board should authorize
Supervisor Madigan to reflect that this does not meet with the approval
of the farmers and people of Butte County.
On motion of Supervisor Richter, seconded by Supervisor MtKi.llop
and unanimously carried, Supervisor Madigan was authorized to act oa
behalf of the Board concerning Sacramento River Bank Protection Project
with the State Reclamation Board.
76-1220 AN'J.'HORI2E RESPD~4SE TO LETTER FROM STATE RESOURCES AGENCY.
The State Water Resources Agency forwarded a draft general plan
element and use permit ordinance for protecting riparian vegetation for
consideration by the Board. '
Supervisor Madigan stated that this .AOUId not be acceptable
to the land owners along the Sacramento River.
On motion of Supervisor Madigan, seconded by Supervisor Ladd
and unanimously carried, a response to the letter from the State Resources
Agency is to be made telling them it is not acceptable to Butte County
and the land owners on the Sacramento River.
76-2121 ACCEPT CHECK FOR $100 FROM WOMEN'S IMPROVEMEN'P CLUB OF PARADISE.
FOR BODRS FOR THE PARTIALLY SIGHTED.
Mrs. Terry, Librarian, stated the Women's Improvement Club
of Paradise had sent her a check for $100 to cover books for the partially
sighted.
¢'he Board eccepted~-fhercheck,from Mrs. Terry for the Women's
-Improvement Club of Paradise for books for the partially sighted and asked
the Librarian to send a letter of thanks to the Club,
76-2 22 D SCUSSION• AMENDMENTS TO ENVIRONMENTAL REVIEW GUIDELINES .•
Dan Blackstock, County Counsel, stated that the amendments
to the environmental review guidelines should be in effect by the
first of the year.
t
Del Siemsen, County Counsel`s office, set out the, new environmental
flow. This is a ''sigi~ifidgat•.,chaagerin~:6he:.procedure.
Discussion of requiring an environmental impact report or
negative declaratfon as required by the State had at this time.
The amendments to the environmental review guidelines ie
continued until neat week.
ERECUTIVE SESSIONS The Board recessed at 4:25 p.m. for an Executive Session
to discuss litigation and meet and confer.
RECONVENES The Board reconvened at 4550 p.m. following an executive 5easion
to discuss litigation and meet and confer. Thera is nothing to
report at this time.
76-2123 REPORT BY COUNTY COUNSEL ON LAW SUIT CONCERNING VISTEC PROJECT.
Dan Blackstock, County Counsel, stated that .judge Watt had
handed down a decisioa~in the Vietec Project matter in favor of the
County of Sutte.
Page 342
December 7, 1976
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December 7, 1976
re m ~e s c c s n s s a is s a a s s e a s s s e s m s a s is s c s a s c s
76-2124 AUTHORIZE ADDITIONAL $25.41 TO DEPARTMENT OF WATER RESOURCES FOR
WATER PAYMENT.
On motion of Supervisor Ladd, seconded by Supervisor McKillop
and carried, payment of $25.41 to the Department of Water Resources
for interest on water payment is authorized.under'protect. AYES: Supervisars
Ladd, Madigan, McKillop and Chairman Cameron. NOES: Supervisor Richter.
Supervisor Richter withdraws no vote and votes Aye,
76-2125 ADDITIONAL MATTERS PRESENTED BY BOARD MEMBERS.
Supervisor Madigan stated that the Board should think about
the Northern California Emergency Medical Council. If all of the
Counties pull out at the same time then each county will be able to
keep their equipment. Tf only one county pulls out, they will lose
the equipment that they received.
Thera will be no meeting on December 28, 1976.
AD.TDURNhiENT:
There being nothing further, before the Board at this time, the
Meeting was adjourned et 5:00 p.m. to reconvene on Tuesday, December 14,
1976 at 9:00 e.m.
ATTEST: CLARK A. NELSON, COUNTY CLERK
~ ~ ~ Ghairman of the Board
Board of Supervisors Clerk
Page 343
December 7, 1976