HomeMy WebLinkAboutM012577n r~
January 25, 1977
STATE OF CALIFORNIA)
S5.
COUNTY OF BiT1TE )
The Board of Supervisors met et 9:00 a.m. pursuant to adjovrameat.
Present: Supervisors lremke, Madigan, Moseley, Winston and Chairman Richter.
Clif Mickelson, Administrative Officerc; Dan Blackstock, County Counsel, and
Clark A. Nelson, County Clerk, by Margie Catt, Clerk of the Board.
Pledge of Allegiance to the Flag of the lJnited States of America
invocation given by Supervisor Lemke .
77- 50 APPROVAL OF MINUTES
On motion of Supervisor Lemke, seconded by Supervisor Moseley
and unanimously carried, the minutes of January l8, 19T! ware approved as mailed.
j Supervisor Winston felt the agenda should be streamlined; he volunteered his
77~1~1 es t~i=~~n~sth Administrative Officer to stream line the agendas.
Ernst & Ernst. The Accountancy firm in conjunction with the Grand Jury
audit, forwards its report an audited financial statements of
!~ 0. Z ~ operating funds, revenue sharing funds, and the child support
collection program. Discussed; Auditor explained Welfare funds.
See motion Following communications.
' City of Biggs. The City sends notification that they are opposed to
~ 3.00 the reorganization of the Butts County Planning Commission.
Put over until time this is discussed tomorrow.
Robert Carr, Chico. Mr. Carr supports the Planning Commission reorganiza-
/~3_a d tion proposal. To be discussed at tomorrows meeting.
North Valley Plaza. The Merchanga request Board approval for the Personae!
Department and Veterans Service Office to participate in "Career
a~.~! Days Fair" scheduled for February 4~5. $ee motion following
communications.
Patricia Fletcher, Lodi. Ms. Fletcher requests information on how the
proposed timber preserve zoning will affect her as a property
j j 3,D ~ owner. Referred to Planning for response.
Pauline J. Davis, Dimmitt, Texan. Ma. Davie requeata information on haw
l ~ ~~d (~ the proposed timber preserve zone will affect her property.
Referred to ploaning for response.
Robert M. and Nancy S. Taylor, etal, Santa Ana. The Taylors write
~'%/.~~0 V opposing the proposed TP-160 zoning proposal. To be
discussed at the 2:00 p.m Itie ring.
Upper Ridge Co-oxdinating Councij otA Magalia. The Organization writes
cerningcone~etaipghadsafety hazard at the intersection of Skyway and
~{ ~Q• 0 ~ Fremont Drive, as well as Skyway and Colter Way. Referred
to Clay Castleberry, Director of public Works.
Leslie Neel, Orlead. Mr. Neel writes concerning the hazarda•of three
~t~ Q,0 D lane roads, such as is being proposed for Highway 32 in Chico.
Referred to Director of Public Works.
Ernest J. Dalton, Chico. Mr. Dalton writes concerning future complications
~ 0 V of as already hazardous intersection near Garner Lane and Highway
y'~ ~ 9g. Referred to Director of Public Works and the Highway Patrol.
', City of Gridley. The City sends notification Ghat they will not renew the
'~O ~ ~ County Service Area No. 34 swimming pool agreement dated May 13,
?j 1969 concerning management and maintenance of the swimming pool.
Referred to Administrative Officer to study and to bring back report.
Paradise Pines. Sam Fortino, presddent,•raqueats that Lhe Board proceed
with the Formation of an aeaesament district in order Co provide
' improvements for the Woodridge Subdivision. Discussed; see
'~ • ~ motion following communications.
Page 432
January 25, 1977
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Januarq 25, 1977
a to e r r r r r e r r r r r ~a r .e a ~r r. r r m m s r r r r m ~ e m o m
', Maxim N. Bach, Attorney at Law. The Attomey, on behalf of Glyn Pye, appeals
', ~ the Planning Commission's denial of a use permit for E. M. West which would
allow a septic system and parking for a bowling alley on the north side of
r 3.0 Wagstaff Road, east of Clark Rand, Paradise, AP 50-172-13. Hearing
set for February 22, [977 at 9:45 a.m.
Butte Creek Drainage District. The District advises that Howard L. Sohnrey has
resigned as a member of the District's Board of Trustees, and recommends
OO~I~'' that Lance Tennis be considered for appointment to fil! fine unexpired term.
Administrative Officer to give notice of this vacancy for the required
10 day time .
Butte County Farm Bureau. The Farm Bureau writes concerning the findings of fact
~ and decision in the case of the Llano Seco Rancho versus Butte County
~ ~ 0.~ that was before the Assessment Appeals $oard. Referred to Assessor
for his comments.
Andrew Ibsseno, Chatsworth. Mr. Rosseno writes concerning problems he has
O 1.0 V encountered with regard to right of way access to his property,
AP 37-24-96. Referred'to Planning Department for his response.
Regional Criminal Jus#ice Planning Board. The Region C board forwards ifs
resolution opposing the proposed Califomia Council on Criminal Justice
'; ~ Qd funding restrictions and request that the Board adopt a similar resolution.
1 L • Discussed. See motion following communications endorsing their
resolution.
Local Agency Formation Commission. The Commission writes requesting that the Board
consider modification of their present procedure fo determining safe
OO•t~Y domestic water wpplles in the approval of parcel maps. Discussed. t~ferred
r to Public Works and Planning with request for a report. Mr. Castleberry
stated he would present a brief written recommendation to the Board.
Local Agency Formation Commission. The Commission writes with regard to the fulfillrrrent
of conditions stipulated for the acceptance of parcel maps. Discussed.
y L Administrative Officer set out the background of the matter.
4' Referred to Public Works, Planning and5gdministrative Officer to come
back with a recommendation that this Board could adopt. Should
shorten time to accept the maps.
Northern Califomia Emergency Medical Care Council. The Council wbmits its
request for $34,000 in funding to support the Northern Califomia
Emergency Medical Cara Coundl. Supervisor Winston said he would
3 p ~ •~ v have his report for the Hoard in two weeks. Matter set for discussion
on February 8, 1477 and Supervisor Winston urged that ali those interested
be present at this meeting. Time that this will be placed on the agenda
will be set later.
Army Carp of Engineers. The Corp writes concerning the submittal of semi-annual
Q 0 reports covering inspection and maintenance of bank protection work
~~L ~ within Butte County. Discussed. Clay Castleberry, Director of Public
Works, has handled this matter and no action necessary at this time.
Telegram. Property owners in Bloomer Mountain area oppose the TM-Ib0 Timberland
O 0 Preserve in totality. Signed by Mr. and Mrs. George Supple, Ak. and
~, 3 ~ Mrs. Roy Booth and Edward and Ruth Waahila. Hold until hearing this
afternoon.
Mailgram from property owners in the northwest quarter section 25 of Bloomer Ahauntain
'' ~ in opposition to TM timber reserve zone. Hold until hearing this
3,~} afternoon.
Page 433.
January 25, 1977
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Law Offices of M. Brooks Houghton. by William M. Briggs. Mr, Briggs writes
' concerning the rejection of claim of Katherine L. Oliver, stating that
rOb• ~ ~ a Noiice of insufficiency should have been sent under Section 910.6
of the Government Code. Referred to County Counsel.
Mardi Worley, President, Butte County Comprehensive Health Planning Council,
Request that a member of the newly installed Board be appointed to this
Council. Supervisor Moseley appointed and requested to attend the
February 7, 1977 meeting to be held 6t the Oroville Medical Center Hospital.
State pepartment of Water I~sources, Reclamation 8oord. Report on the December 10,
1976 meeting concerning the U.S. Corps of Engineers' Chico Landing to
Red Bluff Bank protection Project. Read and discussed; no action taken.
~ a 3 G 0 U.S. Department of Labor, Request the County to start planning for additional
public service employment jobs. Inferred to Personnel.
' Frank G. Bennett regarding his request for withdrawal of land from the "Land
f 60:3 f Conservation Agreement". To be held until later in the meeting.
Charles E. Harvey, Chico. Writes concerning the improvement of Highway 32 (Nord
d,1~ ~ D O Avenue). Copies of this letter given to Board members. Na action
T 7 taken.
77-152 ACCEPT GRAND JURY AUDIT: ADMINISTRATIVE OFFICER TO SEND OUT
COMMENTS
On motion of Supervisor Winston, seconded by Supervisor Moseley and
unanimously carried, the Grand Jury Audit prepared by Ernst $ Ernst, accountancy
firm, accepted for filing with the Clerk and Administrative Officer directed to send
out to the various departments the comments and questions of the Board members.
77-153 APPROVE REQUEST OF NORTH VALLEY PLAZA FOR PARTICIPATION IN "CAREER DAYS
FAIR"
On motion of Supervisor Moseley, seconded by Supervisor Lemke and
unanimously carried, the request of North Valley Ploza Merchants for the Personnel
Department and Veterans Service Office to participate in "Career Days Fair"
scheduled for February 4-5, Chico was approved.
77-154 APPROVE FORMATION OF AN ASSESSMENT DISTRICT: ~WOt'f:D3z1DGE~i16DIVISION
Cloy Castleberry, Director of Public Works, explained the request of
Sam Fortino, president of Paradise Pines, for Fhe formation of an assessment district
in order to provide improvements for the Woodridge Subdivision. He sees no problem
with this request.
On motion of Supervisor Winston, seconded by Supervisor Lemke and
_corried, formation of an assessment district in order io provide improvements for
the Woodridge Subdivison was approved as requested.
AYES: Supervisors Lemke, Mai3igon, Moseley and Winston
NOES: Chairman Richter
77-155 ENDORSE RESOLUTION BY REGIONAL CRIMINAL JUSTICE PLANNING BOARD
RE OPPOSITION TO PROPOSED FUNDING RESTRICTIONS
On motion o Supervisor inston, sewn e y Supervisor Lemke and
unanimously carried, the Board endorsed the resolution adopted by Region C Board
opposing the proposed California Council on Criminal Justice funding restrictions
and will submit their endorsement of resolution to the California Council on
Criminal Justice. --
Page 434.
Janua~y 25, 1977
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77-156 CARD ROOMS: HEARING-0RDINANCE HAS BEEN PREPARED WHICH WOULD
AUTHORIZE LICENSING OF CARDROOMS WITH FEES BEING SET AT $500 FOR
LICENSING AND $100 PER TABLE: WAIVE FIRST READING OF ORDINANCE
C .airman Rie ter opened a caring on t discussion of t e proposed
ordinance which would authorize licensing of cardrooms with fees being set at $500
for licensing and $100 per table. Hearing opened to the public. Appearing;
I. Sheriff Larry Gillick. He stated he had met with Dan Blackstock,
County Counsel, regarding the changes in the ordinance; he had also met with the
cardroom operators. The Operators have requested a couple of changes in the ordinance.
They request that the 2:00 a.m. closing time be extended to 5:00 a.m. and that the
fee be changed from $100.00 to E20.00. The operators have agreed to close on
Sundays. They have also agreed to form a committee to police their own games.
It was agreed that the work permit fee be reduced from $100.80 to $20.00.
Sheriff Gillick stated that according to the ordinance, the operator
has l;to 6e a U.S. citizen to operate the cardroom. County Counsel explained that
these cardn~oms are regulated under police power and they can better look into the
background of the person if he is a citizen.
Sheriff Gillick recommended that the Board adopt the proposed
ordinance with the changes.
Also appearing:
2. Mr. Len Clark, owner of "A Taste of Honey", Paradise. He did
not think thiere should be a minimal fee set. The ordinances in the cities do not
contain such a clause. County Counsel said he could see no reason to place a
minimal fee for the table.
3. Mike Sedan, Chico.
4. Chester Burke, Chico.
5. Hap Ryan, Chico.
6. Ollin Young, opening cardroom on Montgomery Street, Oroville.
Hearing closed to the public and confined to the Board.
It was moved by Supervisor Winston'~seconded by Supervisor Madigan
that the proposed ordinance be approved as recommended by the Sheriff and thatthe
first reading of the ordinance be waived.
AYES: Supervisors Lemke, Madigan, Winston and Chairman Richter
NOES: Supervisor Moseley
Motion discussed.
On motion of Supervisor Winston, seconded by Supervisor Madigan and
unanimously carried, the fiat reading of the cardroom ordinance was waived, with the
recommended changes set out by the Sheriff.
77-157 WAIVE SECOND READING OF SALARY ORDI NANCE AM>:NDMENT:
ADOPT ORDINANCE 1785 ,, .
On motion o Supervisor Winston, seconded by Supervisor Madigan and ~. .
Page 435.
January 25, (977
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______....__=====Janua~+25, 1977-- ______________
unanimously carried, the second reading of salary ordinance amendment to implement
several classification and organization changes, including new sheriff's deputies, was
waived, Ordinance No. (785 was adopted and the Chairman authorized to sign.
77-158 AWARD OF BID TO FOOTHILL LANDSCAPE COMPANY: BICENTENNIAL PARK
Bi s eve een opens or t e si ewe s, topsoi p acement and
sprinkler system installation for the Bicentennial Park on the Courthouse square,
with law bidder being foothill Landscape Company of Oroville in the amount of
$11,644.
On motion of Supervisor Winston, seconded by Supervisor Modigart and
unanimously carried, bid for Bicentennial Park was awarded to Foothill Landscape
Company in the amount of $11,644 and the Chairman was authorized to sign.
77-159 READE li/PRI NTER FO R COUNTY RECD RDE R
T e ibeco er requests F e purc ass of a 3M 201 dry-silver reader printer
for the reproduction of larger documents at a cost of $6,547.09. The new machine
will replace a similar model which has deteriorated. Chairman Richter stated he
would like to have the County Recorder appear to discuss this matter. Administrative
Officer wil I contnet County Recorder and have her exploin this item to the Board.
77- 160 AUTHORIZE TAGGING STUDY OF SMALLMOUTtf BASS
T e Fis an ame Commission requests approvo of $500 from the
fish and wildlife fines to undertake a tagging study of smallmouth bass in Lake
Orov i I le .
On motion of Supervisor Winston, seconded by Supervisor Madigan and
unanimously carried, ,smaFimduth bbss rtagging:dudy authorized and Auditor directed
to prepare the necessary budget transfer.
77-161 AppROVE JUVENILE COURT PLACEMENTS
Probation requests Board approvo of two placement facilities as
alternatives availpble to the court. These are the Professional Foster Home Service
at $465 per month and the Group Home at $875 per month, both operated by the
Northern District of the Children's Home Society. Discussed. Mr. Mickelson
explained the services.
Supervisor Lemke asked that if investigating use of the new ,luvenile
Hall whether it might be considered to 6e used as a receiving home. Mr. Mickelson
said they were going to be studying every aspect of this hall. They are going to
study contracting the building out to CYA for a CYA north; maybe closing down the
female side and 'farming"out the female juveniles. Mr. Mickelson stated it would
be several weeks or a month before they will be back with a recommendation to the
Board for the use of Juvenile Hall.
On motion of Supervisor Lem~re, .seconded by Supervisor Madigan and
unanimously carried, Juvenile Court placement facilities were approved as set out
above.
77-162 ADOPT RESOLUTION 77-6 AMENDING INDIGENT BURIAL SCHEDULE OF FEES
amen ment tote n agap td na u e o ees as en prepare
January 25, 1977
~ti n
_______________zJGL1LtgL-y~~~~=oo______________
as part of the County's agreement with the Chico Cemetery Association.
On motion of Supervisor Winston, seconded by Supervisor Lemke and
unanimously carried, f~solution 77-6 amending Indigent Burial Schedule of Fees was
adopted and the Chairman was authorized to sign.
77-163 1976 STATE PARK BOND ACT: ADOPT RESOLUTION 77-7 APPROVING PRIORITY
PLAN FOR SUBMISSION TO THE STATE DEPT. OF PARKS 8 RECREATION
The Butte County Association of Governments forwards its recommended
'priority plan for expenditure. " which is necessary in order to qualify for $455,325
made available through the 1976 Stote Park Bond Act. The plan has been approved
by 50%of the cities and recreation districts representing 15% of the population
as is required.
On motion of Supervisor Lemke, seconded by Supervisor Madigan and
unanimously carried, Resolution 77-7 approving priority plan for submission to the
State Department of Parks and I~creation was adopted and the Chairman was authorized
to sign.
77-164 ADOPT GENERAL POLICY GUIDELINES: (976-77 HOUSING AND COMMUNITY
DEVELOPMENT PROGRAM
Genero po icy guidelines are submitted for the conduct of activities
in the tiCD Block Grant pragrom for 1976-77.
On motion of Supervisor Lemke, seconded by Supervisor Modigan and
unanimously carried, general policy guidelines were adopted for the conduct of
activities in the HCD Block Grant program for 1976-77.
77-165 ADOPT RESOLUTION 77-6 TO ESTABLISH $5,000 AS "JUST COMPENSATION"
FOR ACQUISITION OF PROPERTY: HOUSING 8 COMMUNITY DEVELOPMENT
As a followup to a previously approved action, a reso ution is necessary to
establish $5,000 as "just compensation "far acquisition of 2435 D Street, Oroville
which authorizes the Administrative Officer to proceed to acquire.
On motion of Supervisor Lemke, seconded by Supervisor Madigan and
unanimously carried, I~solution 77-8 establishing just compensation and
authorizing the County Administrative Officer to submit a formal offer to acquire
real property (George and Sarah Reberts) was adopted and the Chairman authorized
to sign.
Hearing set for February 22, 1977 at 10:00 for notice of intention
to purchase real property. `
77-166 DISCUSSION; FIRE HYDRANTS
Certain iinincorporat~ce areas of Butte County with fire hydrants
brought about this discussion for maintenance of the fire hydrants. The County is
being requested to provide compensation for the upkeep of the hydrants. There are
provisions in the low that the water districts can levy a fee for fire service.
Dan Blackstock, County Counsel, stated he would like to investigate
the matter.
Page 437'.
- '''rn'C'~ January 25, 1977
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_____________==~angay~~1477`====_---_______
Chairman Richter stated this would 6e a $19,000 charge placed against
the taxpayers. Fie felt that the charge should be on the people getting the service.
Charges discussed; tax rate for maintenance of the fire hydrants explained.
Suggested that a separate service area could be set up for each avatar district.
Supervisor Lemke requested written opinion on the matter.
Action put over one week.
77-167 ADOPTION OF UNIFORM FIRE CODE
option o Uni orm Fire Co e, follow up to 197b Grand, Jury
recommendation, discussed. Mr. Paulus, Fire Warden, will type up the code
with the changes incorporated. Mr. Paulus stated he has had a tough time
securing copies of the code. Copies will be sent to the Board members within
4 or 5 days. Fla will send the codesao Administrative Office for distribution
to the Board members. It was felt that there is a need for the adoption of the
code.
No action taken at this time.
77-I68 BUDGET TRANSFERS APPROVED
get trans ers iscusse Bill Lawrence, County Auditor, explained
Budget transfer 8-59.
On motion of Supervisor Winston, seconded by Supervisor Nbseley
and unanimously parried, the following budget transfers were approved:
B-56 Central Services Stores and Purchasin Civil Disaster. Transfers
5 from pr~orma ntenance~equ~pment .w th n tfie Centr~"~a 's'ervices
munications budget with a similar amount going to equipment within the
tral Services Stores in order to provide an appropriation that would allow
chase and renovation of a surplus forklift, for which acquisition was
roved by the Board on 10/5/76. This also transfers $1,100 from salaries
wages to extra help within the Purchasing budget in order to provide an
ropriation for extra help required by the lengthy illness of a regular
loyee.
B-57 Auditor-Controller. Transfers $6,000 from salaries and wages to
tra~eTp nor er to p- rovide an additional appropriation for .extra help
xsonnel due to extended leaves of absence and delays in filling positions of
gular employees.
B-58 Assessor. Transfers $1,690 from overtime to extra help tivhich is a
ansferW`approp~ion inasmuch as the Assessor prefers to utilize trained extra
lp personnel instead of overtime for regular personnel. "
e-59 4felfare Aids, Medical Care Services, and various revenues. .The
for will report to the o~ argon t~iis"~6udget trans eri~und~er~is agenda
B-61 Sheriff-Coroner. Transfers $2,800 from clothing and personal
applies to sma3~1 too s an instruments in order to provide an appropriation
rich would allow the purchase of 25 battery charger, heavy duty batteries,
id end caps for flash lights.• ~;
..... _ _
age 438.
January 25, 1977
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eC=~~csa=c aaaaJgrL?r~~e i'~C CC~C@~~m CC L`@CCai L'
B-62 Reserve for Lake Madrone. Transfers $15,000 from the reserve to
e reserve or a e i~a~rone a~T ter bistrict loan in order to estabTi-sTi~'a loan
serve account to provide for periodic loan of funds to Lake Madrone dater
strict up to a maximum of $15,000 in accordance with Board of Supervisors
proval (Minute Order 77-22 on January 4, 1977).
B-63 Sheriff-Coroner-Enforcement. This transfer provides an appropriation
thin teie e~r~ `~'`s press ono an specialized services account in the amount
$734 for payment of U.S. Forest Service helicopter rescue service, the amounts
which were received from Alameda Gaunty for rescue services of Eric Tilbury
eceased) in accordance vrith Government Code Section 26,614.5. (The Auditor
]1 report on this item under his agenda item.) _ .
77-Ib9 AUTHORI2:E PAYMENT TO CITY OF CHICO SALi:S TAXES ERRONEOUSLY
APPORTIONED TO THE COUNTY
T e Au itor requests authorization to pay the City of Chico $174,829.01 for
sales taxes erroneously apportioned to the County by the State Board of Equalization
for the period of August 1973 through' December 1475.
Supervisor Winston stated that this subject has been discussed many times;
the money is due the City of Chico and he felt they should be paid in full.
Dan i3lackstock, County Counsel, said he would like the matter put
over so he could give a legal opinion on the City's requesi~.
Supervisor Winston requested the Chairman to caution County Counsel
about lpiarticipating in the Board's discussions. He should only give opinions when
requested.
Clif Nickelson, Administrative Officer, stated that it has been
certified that this property was annexes to the City of Chico; the County has
received taxes that should have been given to the City of Chico. This was an
error on the part of the State Board of Equalization.
it was moved by Supervisor Winston, seconded by Supervisor Lemke
and carried that the Auditor be authorized to reimburse the City of Chico for the
taxes cerrorreo+usly apportioned to the County by the State Board of Equalization
in the amount of $174,829;01.
AYES: Supervisors Lemke, Moseley, Winston and Chairman Richter
NOES: Supervisor Madigan
77-170 HEARING: EASTSIDE CANAL (NINA TO CHICO)
Andy,Ferrprp, project Engineer, set out t ac ground of the Eastside
Canal project. The Chico Canal is an Authorized structure; construction of the canal
terminus will commence in:1976. The drought shou~edthe clear need For such a
canal. prepared statement read and discussed.
The prime purpose today is to determine from the County if there is any
interest in the Chico Canal. If there is an interest, the State will update the 1951
report. They would prefer to utilize the present staff that is availoble to build
the Chico Canal iF there is interest in the canal.
• ' - .., n .. r page 439.
January 25, 1977
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If the need materializes, the Corp will supply an E. L R. report and
will seek construction funds from Congress. Requested the Board to determine if
there is any interest in this canal. If there is no interest, they would like a
letter so stating so they cpn drop the protect from the books'.
Hearing opened to the public. Appearing;
I . Don Blake felt the water costs were going to be about $4.00
per acre foot. Pumping costs aro going up. Restrictions involved in the using
of the water is of interest to him.
2. Mr. Howard 1Nurlitzer, Chico, opposed the canal.
3. Mr, Lee Corner, Durham, spoke in favor of the canal.
4. Mr. Richard Fast, Chico. Rewmmended that the Board accept the
recommendation of the Bureau of Reclamation that they would give more information
at a public hearing; this offer should be accepted.
Hearing closed at this time.
Chairman Richter spoke of an additional hearing on this matter.
Supervisors Mandigan and Richter appointed as a committee to hold the hearing
and secure public participation.
Hearing set for Februaryl9,1977 at 7;30 p.m. in the Chico City
Council Chambers.
RECESS: I# :00
RECONVENED: Ii :05
77-171 SWEARING IN OF PARADISE MUNICIPAL ADVISORY COUNCIL MEMBERS
Clark Nelson, County Clerk, was present to swear in the newly
appointed Paradise Municipot Advisory Covncil members. Chairman Richter
stated this was a first for the County; many people helped in the formation of
this Council and the County expressed their appreciation for their efforts.
Following members sworn in at this timer
M. W. Bolken
Lee L. Burnside
lb~bart F. Guth
Warren H. Humbert
Leonard A. Loyd
Richard G. L. Ryan
F. Irene Rix
77-172 APPEARANCE: EARL BAILEY
. Ear BaE ey, Paradise, remarked that this was a vary pleasant
occasion this rooming with the swearing in of the newly appointed members of
Paradise Municipal Advisory Council. He thanked the Board for their efforts.
Page 440.
January 25, 1977
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77-l73 APPEARANCE: ELWOOD RO~NEY, CHICO
Elwood Roney, Chico, spoke about the Ilth of February meeting
on herbicides. He feels that with having an Ag Commissioner there is ample
control in the State regarding herbicides.
77-174 APPEARANCE: DON BLAKE RE WgTER MEETING RELATING TO DRILLING
OF WELLS BY STATE IN THERMALITO AREA
Don B a e reports on t meeting held on January 13th regarding the
drilling of wells in the Thermalito area by the Sta#e Department of Water Resources
for water to be shipped out of the .County. Mr. Roble, Dept. of Water Resources,
promised that he would absolutely Haver drill any wells or take any water.
There is a new commission setup by Governor Brawn to study the new water
law. Mr. Blake stated that there are a lot of stories going around and the County has
to keep their eyes on these people. Mr, Roble stated that they were never really
planning to drill for water but Mr. Blake had prepared plans for such drilling.
He had a map showing the location of the wells.
77-175 ADOPT RE50LUT10N 77-9 ACC~flii~JVG EASEMENTS-SHADYBROOK SUBDIVISION
C ay Caste rry, Director o Pu re o s, spa a concerning an
additional item not on the agenda. This concerned a resolution accepting easements
on Shadybrook subdivision. Mr. Castleberry suggested that the Board consider the
resolution accepting the easements. This property fs located near Wagstaff and
Clerk and the easement lies within a natural drain.
On motion of Supervisor Lemke, seconded by Supervisor Madigan and
unanimously carried, Resolution 77-9 accepting easements, offers of dedication of public
utility and drainage easements within Shadybrook Subdivision, was adopted and the
Chairman authorized to sign.
77-176 APPROVE PUBLIC WORKS ITEMS: ADOPT RESOLUTION 77-10, PROGRAM SUPPLEMENTS
n motion o pervrsor rgan, secon e y Supervisor em a an
unanimously carried, the following action was taken:
I. gccepted the work of J, D. O'Neill, Inc. for the site development
for, and construction of a building referred to as "Feather River Opportunity Center",
approved Change OrderNo.1 $461.66 for extension of telephone conduit, approved
final payment less retainage, authorized the Chairman to sign the Notice of Completion,
and instructed the Clerk to record said No#ice of Completion with the County Recorder.
2. Approved the master drainage plan, Chapman areas from Rolls, Anderson
& Rolls.
3. Authorized release of the developer's maintenance bond for Rancho
Madera Subdivisdon (!0 lots north of Shasta Avenue, Chico) and accepted Paso Grande
Court into the County maintained system.
4. Approved plans and specifications for Lower Honcut Bridge ~a Wyman Ravine -
Project X04452-75=2, authorized Chairman and Din:ctor of Public Works to sign plans,
adopted wage scale, and set bid opening at I1;00a.m., Public Works Office,
February 17, 1977,
Page 441.
January 25, 1977
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______________ January!251977-=-=______________
5. Authorized the Chairman to sign deed eonveyingc.property to C. R. Edwards
etux as a condition of an agreement far sale between the County and Mr. Edwards.
¢. Authorized Fhe paying of local architectural or engineering Firms
maximum of $20 per hour for plan checking work.
7. Accepted Fee of $5,000 to be used for the reconstruction of Pentz-
Magalia Highway, Bille koad intersection in the unincorporated area of Butte County,
from Shortstop Market (244-SI-154), to allow immediate development.
8. Adopted Resolution 77-IO authorizing execution of Program Supplement +F9
to Master Agreement re Federal-Aid Safer Roads Demonstration program, and
authorized the Chairman to sign.
77-177 AUTHORIZE MEMBERSHIP FOR PUBLIC WORKS RIGHTrof-WAY AGENT IN
CHICO BOARD OF REALTORS
Mem ers ip in t Chico Board of Realtors is requested in order to
acquire information to facilitate the acquisition of replacement housing and relocation
of tenants and owners in connection with the Dayton Road realignment project.
Clay Castleberry, Director of Public Works, explained the request.
On motion of Supervisor Lemke, seconded by Supervisor Madigan and
unanimously carried, members for Public Works rightrof-way agent in the Chico
Board of Realtors authorized.
77-178 CHICO AREA TRANSPORTATION SURVEY: DISCUSSION
11~. Caste rry exp a ne t e ico •Area Transportiais. Board members
were invited to attend the Citizens Committee meeting to be held on the matter on
February 3, 1977 at 3:30 in the Chico City Hall chambers. Supervisors Madigan and
Richter will attend; Mr. Castleberry will also be present.
77-179 AUTHORIZE A ONE YEAR EXTENSION OF TIME FOR PROCESSING MAP:
STILSON CANYON SUBDIVISION +f2
On motion of Supervisor Winston, seconded by Supervisor Lemke and
unanimously carried, a one year extension of time for processing map was authorized
for the Stilson Canyon Subdivision ~2.
77-180 AUTHORIZE EXTENSION OF ONE YEAR FOR THEOSCAR UECKERMAP
Mr. Caste erry exp aine t e request of Oscar Uec er r a one
year extension on his map. Map discussed.
On motion of Supervisor Lemke, seconded by Supervisor Moseley and
corried, a one year extension of time to file map was granted to Oscar Uecker.
Chairman Richter abstained from voting on this motion.
77-I81 PUBLIC HEARINGS SET ON PLANNING ITEMS
Fe ruary 2 , 977 at 9: a.m. was set for the Louis C. Nofrey rezone
from "AR-MH'~ (agricultural-residential, mobile homes) to "C-I " (light commeroial}
for 3.22 acres, more or less, located on the southeast corner of Kesel mad and Lincoln
Blvd., Oroviile.
' ;' .. - , . "; Page 442.
January 25, 1977
n
W ~~-___-_-=-===Januarx25~,JQ7Z______________
February $, 1977 at 9:45 a.m. was set for hearing an Warren T. Ambrose,
appeal of Environmental Review Committee's determination to require an environmental
impact report on rezone from "A-R" (agricultural-residential) and "AR-MH"
(agricultural-residential, mobile homes) to "PAC"(planned area cluster} in
conjunction with a 90-lot subdivision, located on the north side of Monte Vista
Ave., approx. 800 ft. east of Lower Wyandotte Rd., containing 15.29 acres,
more or less, Oroville.
77-182 ADOPT ORDINANCE NO. 1786 AMENDING CHAPTER200F THE COUNTY
CODE BY ADDING SECTION 20-174 T'tHERETO-CONTIGUOUS PARCELS
An or finance as en prepare amending C apter o t e Butte County
Code by adding Section 20-174 thereto relating to contiguous parse Is.
On motion of Supervisor Winston, seconded by Supervisor Lemke and
unanimously carried, second reading of ordinance amending Chapter 20 of the County
Code by adding Section 20-174 thereto was waived, Ordinance No. 1786 adopted
and the Chairman authorized to sign.
77-IB3 ADOPT RESOLUTION 77-II AUTHORIZING EXCHANGE OF BONDS FOR BUTTE
COUNTY SERVICE AREA NO. 26, 1975 SEWER BOND, SERIES C
On motion o Supervisor mston, sewn e y Supervisor Madigan and
unanimously carried, Resolution 77-II authorizing exchange of bonds for Butte
County Service Area No. 26, 1975 sewer bond, Series G was adopted and the
Chairman authorized to sign.
77-184 APPROVE JUVENILE HALL RATES
T Au itor orwa s a n:port on problems in calculating a per diem
cost rate for the Juvenile Hall. Discussed.
On motion of Supervisor Lemke, seconded by Supervisor Moseley and
unanimously carried, adoption of o provisional and/or interim billing rate of
$30.42 was approved at this time.
77-185 ALLOGATi: UNANTICIPATED REVENUES FROM FEDERAL FOREST RESERVE AND
FROM STATE REIMBURSEMENT FOR MANDATED COSTS TO SKYWAY PROJECT
T e Auditor weed if the Board wanted to encumber the Federal Forest
Reserve and State Reimbursement for Mandated Costs fund for road projects.
Background set out by Chairman Richter. What project is the most critical on
the list was asked. Mr. Castleberry Felt the Skyway project was the most critical.
projects discussed.
On motion of Supervisor Lemke, seconded by Supervisor lvloseley-ani3
unanimously carried, the Board authorized the allocation to the Skywoy special
projecf, in accordance with Director of Public Works's recommendation; being Item 3 on
the list. ..x:,.~ ~, ,.;~?.' -".,~~..~ .._ ~i:'~.
77-186 AUTHORIZE PAYMENT DUE STATE DEPARTMENT OF WATER RESOURCES:
WATER ENTITLEMENTS UNDER MASTER WATER AGREEMENT
e Auditor reporte on t status o payments ue the State Department
of lii~sources for 1977 water entitlements under the Master Water Agreement. He
Page 443.
January 25, 1977
~'`. r" ~
----------====-Januar~25,~ 1977 =_____________-_
stated that the County has a greater payment due than what the County has sold.
The allocations increase and the amount that the County sells is smaller.
Payment discussed. Supervisor Madigan said he had talked to the
Woter Engineer and the engineer stated khe 5tote was selling the County water and
he felt the County could sell the water and be able to get back same of the money
the County is paying for the water.
Payment of the water entitlement discussed. County Counsel
suggested that the Board authorize the payment to June 1, 1977 and in the meantime
County Counsel and County Auditor can meet and discuss the payment of the balance
that wi I I be due .
On motion of Supervisor Winston, seconded by Supervisor Madigan and
unanimously carried, payment of the 1977 water entitlements under the Master Water
Agreement was authorized to June I, 1977.
77-187 pENY REQUEST FOR WITHDRAWAL FROM LAND CONSERVATION ACT
T e Land Conservation Committee as met to consider t e requests
for withdrawal by Frank G. Bennett. The Committee recommends that removal of
portions of properties from the agreements would not meet the requirements of
Section 51282 of the Government Code. Letter from Frank Bennett read by Clerk.
On motion of Supervisor Winston, seconded by Supervisor Madigan and
unanimously corned, request of Frank G. Bennet for withdrawal from Land Conservation
Act was denied without prejudice.
77-188 ADOPT RESOLUTIONS 77-IP and 77-13, SALE OF TAX DEEDED PROPERTY
e Tax o actor requests aut rization to se six separate parts s as
a combined sale at a minimum price of $?,000 and one parcel at a minimum price of
$500. Carl Morton, County Treasurer, explained the sales.
On motion of Supervisor Madigon, seconded by Supervisor Winston and
unanimously carried, the following resolutions were adopted and the Chairman
authorized t o sign:
I. Resolution 77-12 authorizing the sale of six separate parcels as a
combined sole at a minimum price of $7,000; and ••
2. 18ssolutian 7,-13 authorizing sale of tax deeded property (qp 012-02-I-OI6-0)
at a minimum price of $500.
77-189 ACCEPT ANNUAL, INSPECTION OF JAI! FACILITIES
T e Hea t Department forwards its annua inspections of the County
Jail, Gridley holding cell, and Juvenile Hail.
On motion of Supervisor Lemke, seconded by Supervisor Madigan and
unanimously carried, annual inspection of jail facilities accepted and the Administrative
Officer to follow through and get the suggested matters corrected.
Page 444.
January 25, 1977
r''~ ~"~;
________=====Jawcr~25~19I! ______--_-__----____
77-190 COUNTY INSTITUTIONAL MEDICAL SERVICES: ESTABLISH POSITION OF NURSE
e Heat Director presents a request r a time experience nurse
working under the direction of the Health Department in order to revise and upgrade
medi~cl-services'~-rov,ided~ta~the~Gbunty Jail, Juvenile Hall, and for County pre-
employment physienl examinations. Background set out by Mr. Mickelson, Walt
Atkins and Director of Nurses. Request discussed.
On motion ofSupervisor Lemke, seconded by Supervisor Madigan and
unanimously carried, Personnel Director was instructed to prepare an ordinance to
establish the position of nurse.
77-191 ACCEPT RESIGNATION OF GARY BUZZINI. EMERGENCY MEDICAL SERVICES COMMITTI
Inc Health uiroctor torwaras the ros~gnar~on or Lary twzzmi as me
Fire Agency representative on the Emergency Medical Services Committee and also
requests that two additional members be added to the committee.
Supervisor Winston stated that the Emergency Room Doctor at Oroville
Medico! Center Hospital has expressed a willingness to serve on this Committee.
On motion of Supervisor Winston, sewnded by Supervisor AAadigan and
unanimously carried, resignation of Gary BuzRini was accepted, Fire Chief's Association
requested to nominate new fire safety member, and authorized the addition of two
new members to the Committee.
77-192 ADOPT RESOLUTION 77-14 DESIGNATING FACILITIES AND PROFESSIONALS FOR
SEVENTY-TWO HOUR PSYCHIATRIC TREATMENT AND EVALUATIO N
State law requires the County to designate facilities for seventy-two
hour psychiatric treatment and evaluation, and professionals who may cause to be
taken into custody persons needing such treatment and evaluation.
On motion of Supervisor Madigan, seconded by Supervisor Lemke and
unanimously carried, Resolution 77-14 Designation pursuant to Welfare and Institutions
Code Section 5150 for seventy-two hour psychiatric treatment and evaluation was
adopted and the Chairman authorized to sign.
77-193 AUTHORIZE PURCHASE OF BIOFEEDBACK EQUIPMENT
T Heat Agency requests out orization to purchase the biofeedback
equipment at a cost not ro exceed X1,950 as part of the Mental Health Augmentation
program approved by the Board. Walt Atkins explained that the lease of this equipment
was approved in December. The PuraFiasing Department could not develop a lease
and recommend the purchase of the equipment, now to 6e purchased at the same cost
as the leasing had been authorized.
On motion of Supervisor Lemke, seconded by Supervisor Madigan and
unanimously carried, purchase of biofeedbackequipment was authorized and Auditor
directed to prepare the necessary budget transfer with funding to come from rents
and leases of equipment.
RECESS: 12:00
RECONVENED: i:00
Page 445.
January 25, 1977
r"~ ~~
,ktnuar~25 (977
--_______________was o~~=~-__.-~~=G.-~~~G~~
77-194 PUBLIC HEARING: OLLE.P. STSRN6R - bPPEAL 0~' CONDITION N0. 4, AP 53-18-16,
ORTH SIDE OF SYLVAN WAY EAST OF PECK LANE PARADISE.
The p~iblic hearing on the Olle P. Sterner appeal of Condition No.
4, AP 53-18-16, north side of Sylvan Way, east of Peck Lane, Paradise. was
held at this time. Clay Castleberry, Public Works Director, set out the
background of the parcel sp11C. Condition ~4 concerning to width of the
driveway. The proposed driveway is 25feet.
Hearing open to the public. Appearing: 011e Sterner, groperty
owner. Mr. Sterner stated that 25 feet should be sufficient for a driveway.
Mr. Sterner stated that the property would noC be divided again.
Discussion of 30-foot easement had at this time.
Hearing closed to the public and confined to she Board.
On mogima•of Supervisor Lemke, seconded by Supervisor Madigan
and unaatmouslp carried, the tentative parcel map of O11e P. Sterner,
AP 53-18-16, north aide of Sglvan Way, east of Peck Lane, Paradise was
approved with the findings that this map is within the urban area of
Paradise; it is a one-acre parcel; this parcel map would be consistent
with the General Plan based upon review of the Plan and information
received by the Board; with a 30-foot right of way easement and the
map to be marked that ao further division be made on neither of the
percale; with the following eoaditionaC _ __ •._ .
1. Pre vide traversable a:cess and obtain an encroachment permit.
Indicate a 50 Pt. building setback from the centerline o£ Sylvan
Vlay and a 20 ft. building setback from the west private drive line.
Street names and hauae numbering to ve reviewed and approved by the
Department oP Public Works prior to recordation oP the final map.
77-195 PUBLIC HEARING: STONESOiF•AEVI*LOPM@NT CORPORATION - ~ONB PROM "d-2 LTD"
TO "C-2" (~EN$$AL C6T438RCIAL) FOR 7.7 ACRES. MGRS OR LESS, dHD TO "R-kn
(MAXIMUM-DENSITY RE5EDENTIAL) FOR 25 ACRES, MORE OE L$SS, PROPERTY LOCATED
ON TFFE WEST SIRE OF CLA ROAD AT NUNNEId.Y ROAD PARADISE.
The public hearing on the Stoneson•Development Corporation rezone
from "A-2 Ltd." to•"C-2" (general commercial} for 7.7 acres, more or less,
and to "R-4" (maximum-density reaideatial)(for 25 acres, more or less,
property located oa the west side of Clark Road, at Nuaneily Road, Paradise
was hgltdae advertised. This matter cannot be heard as it does not meet
the requirements under the Attorney Generals stipulation. The Attorney
General has not been notified of hearing on the y.7 commercial rezone.
Resting open to the public. Appearing: Bob Guth, McCairi
Engineering, representing the applicant. Mr. Guth stated that he would
like to have the 7.7 commercial rezone taken Separate. T
There is an EIR oa the entire project. Review of the EIR open
to the Board. Discussion of the statemenC on cost acconntiag, short term
versus long term, had at this time.
Discussion of the density and sanitation had at this time.
The proposed "C-2" zone ie in the drainage district new.
Mr. Guth stated that the awaera of the property are not opposed
to a sewer district. They are willing to go into it at a later date.
On motion of Supervisor Lemke, seconded by Supervisor Winston
and unanimously carried, the hearing oa the rezone to."C-2" (general
commercial) for 7.7 sexes more or less is continued $o•Pebruary 8,=1977
.,•.. _„ ,~ •nt 10:00 a.m. .i~a order to aioti£y the. Att~orney~ General.
` ~ ~Poge 446. .~anucry 25, 1977
~„~ r"",
.^__==__aaaaaaasss ~~~~~'F`~==------ate.-ease
77-19fi ADOPT ORDINANCE 1787; F{IBLIC 88ARING: HALSEY H. FINK - RE7:ONE F80M
"R-l" (SINGLE-FAMILY RSSIDBL'1'€IJ1L) TO "C-2" (GENERAL CONAflzRCIAL) FOR 1.6
ACRES, MORE OR LESS, LOCATED Ois Sf~'RORTHWEST CORNER OF THOMASSON LANE
AND SKYWAY. PARADISE.
The public hearing on the Halsey H. Fink rezone from "R-1"
• (single-family residential) to "C-2'" (general cvmQaarciel) for•1.6'acres,
_more or less located on the northwest corner of Thomaseoa•Lane and
Skyway, Paradise was held as advertised. The Planning Commission voted
7 to 0 with 2 absent in favor of the rezone. This parcel is between
"C-2" property. This would be consistent with the General Plan. There
ie a letter of hardship on file.
Hearing open to the public. Appearing: Mr. Fisk, property
owner. Mr. Fin1c stated that hie property is oa Skyway and all of the
other property around ~ai-s fe commercial. Mr. Fink stated that because
of the zoning he is prohibited from develo~ptng hie property.
Hearing eLDSed to•the~public sad confined to the Soard.
Oa motion of Supervisor Lemke, seconded by Supervisor Madigan and
unanimously carried, the rezone o€ Halsey H. Fink from "R 1" to "C-2" for
1.5 acres, mare or less, located on the northwest cbrner of Thomaeaon Lane
and Skyway, Paradise was approved with the findings that this parcel is
less than 10 acres; this is consistent with the General Plaa and consistent
with the existing uses in the area; based upon the retarded evidence
reviewed there would be a major financial hardship in•awaiting the adgption
of the four missing elements of the General Plea and that the hardship is
established by the following letter:
8083 Skyway
Paradise, California 95969
January 16, 1977
Butte County Planning Department
7 County Center Drive
Oroville, CF13fornis 95965
Gentlemen:
RE: REZONE FROM R-1 (single-family residential) to C-2 (general commercial)
PROPERTY LOCATED ON THE NORTHWEST CORNER OF THOMASSON LANE AND SKYWAY,
CONTAIDTING AC MORE OR LESS PARADISE
This is in reply to Mr. Blackstockts letter of January 13 concerning the
above subject and asking my reasons for a change is zoaiag.
I was not aware until about sixty days ago that Chia property was sot
"commercial." When I purchased it in 1947 upon•the opening of the Thomasson
Subdivision, all parcels fronting on the Skyway (than old Vaal Road) were
considered Commeroial.
I have just learned that sometime in the 1960s all property on the Skyway
as far north as Wagstaff was zoned Com<ercial, except this one parcel,
apparently due to as oversight.
1. The~praposed rezoning is consistent with existing compatible use
as property contiguous thereto,~north sad south sad acrose•the highway,
is being developed for or has been developed for Commercial use. The
adjoining property was just improved with curbs, gutters, sad sidewalks,
with Skyway widened. A motorcycle repair business is directly across the
street. The size sad Locatioa•of this parcel for residential use is not
conducive to single family liv~.ng. The traffic is heavy and almost
continuous, causing excessive noise, pollution sad extreme irritation.
It is ao logger a country road. ~„ ~.,,R,...,T.....----~"
P°9° ~•y' January 25, 1977
~ ~• _.
Janua~ 25, 1977
2. The present zoning of this property for residential purpose is
an extreme hardship because it is not a choice single familg residential
location. It prevents commercial development of the property thus
conforming with adjacent parcels,•as well as-a future increase in taxable
revenue to the County of Butte. The upkeep •and maimtenance•of the property
is too costly and failure to make it attractive would be a blight on the
Skyway.
3. The change in zoning from residential to commercial is believed
to conform with the SuCte County General Plan as it has already been
approved by the Egviranmental Agency as well as the Planning Commission.
It is hoped the rezoning will correct an apparent inadvertence and allow
the property to be improved and a credit to the future Skyway.
Sincerely yours,
Halsey H. Fink
cc: Daniel V. Blacketock
adopt Ordinance 1787 and authorize Chairman to sign.
77-197 DISCUSSION: AFPOIN7.R~IEN'P OF 80ARD MEMBERS TO VARIOUS COUNTX CFII•IIfiTTEES.
Clif Mickelaon,~Administrative Officer, presented the Eoard with
a list of possible •appointmentseto various committees. No action was taken.
77-198 DISCUSSION: ORDINANCE.REEEA~TG CHAPTER. 13 OF THE BUTTE COUNTY CODE
CONCERNING 'SURFACE MINING AND RECLAMATION PLANS.
Mr. James Lenhoff, representing the Butte County Mining Council,
stated that the•Council does not feel that this ordinance is necessary.
Tt is a hardship oa the people~of the County. Mr. Leahoff presented the
Board with a copy of the mmandment that the Council has proposed end
would like the Board to study it. . - _ _...___.- •-• --•
The discussion on the Ordinance repealing Chapter 13 of the
Butte County Code regarding surface mining and reclamation plans is
continued to February 1, 1977 at 2:00 p.m.
77-199 ADTHORIZE.PURCHASE OF NEW READER/PRINTER FOB QOUNTY, RECORDER IN THE
AMOUNT OF $6.547.09 WITH THE TRANSFER OF FUNDS FROM THE RESERVE.
Supervisor Lemke stated that he world like to know what the
difference of cost is. The coat was quoted sa $6150.OO.plus tax.
Gerald Lively, Administrative Analyst, stated that the coat
of the reader/printer is $6,547.09. This•ie the coat plus tax. The
original figure of $5016.00 plus tax was the price before. These has
bean a l0~ increase in the price of the same reader/printer.
On motion of Supervisor Lemke, seconded by Supervisor Winston
and unanimously carried, the purchase of a new reader/printer in the
amount of $6,547.09 for the Recorder was authorized with the transfer
of funds from the reserve.
77-200 SUTIi0RI2E ADMINTSTRATZVE OFFICER TO MAKE pR"ESSL-'BELF.E6ES REIRHBDS
HECTEON:~.3lY'~FUND S .
Clif Nickelson, Administrative Officer, stated that the County
is eligible for Section ,31~.' funds from HUD. This will allow for 3~ loans
for the area of South Oroville that has been red limed for a long time.
These loans will be for up radi property •mnder the rehabilitetioa...,.,_, __,,,,,, , ..
•------ , _ .. _._ K~
Janucry 25; 197$
r^• n
_ ,~onuar~ 25, (9TH
C . . . . . . . . . . . . . = C C C = Q C C S C . . . . . . . . C . C C C
The Administrative Offiae will process the necessary papers to fRTD and
they will enter into financial agreements with the people through a
local lgnding agency.
On motion of Supervisor Winston, seconded by Supervisor Lemke
and unanimously carried, the Administrative Officer ie•authorized to
make whatever press releaeea•are necessary regarding HUD Section .312
loan funds; authorize a data processing run oa the property owners in
the area so that infornsation can be given to the property owners.
EXECUTNE SESSION: The Board recessed at 2:00 p.m. to hold as Executive
Session.
RECONVENE: The Board recoaveded at 2:05 p.m. foll~*aing an Executive 5essioa.
77-201 Pi7BLIC BEARING: BUTTE COUNTY PLANNING COM[~ffSSION - REZONE TO "TP-160:
(TIMBER-PRESERVE) ZONE FOR~PORTIO0.~IS OF EASTERN BUTTE COUNTY PER LIST A AS
ADOPTBD BY TSB BOARD OF SUPERVISORS PURSUANT TO ASSEMBLY BTId. 1258.
The public hearing on the Butte County Planning Commission rezone
to "TP-160" (timber-preserve) zone for portions of eastern Butte County
per list A as adopted by the Board of Supervisors pursuant to Assembly
Sill 1258 was held as advertised.
Jim Lawson,•Planning Director, set out the background of the
rezone. The•TP-1b0 zone was originated with AB 1258. It basically
deals with the change in the assessment for lands on List A which Ara
assessed for timber as being Che highest and beat use of the property.
The Planning Commission vote•was 4 Co 4.
The following ~nd~~i:duals and companies are on~Liet A.
Diamond Tnternatioaal Southern Pacific
Biller Brothers Louisiana Pacific Corporation
Soper Wheeler Chico Moulding Company
The Chy Company D, G. ShelDcrG. Shelter Products
Landsmenn Westphal Westphal
Dreisbach Wiiliame
Adams, C. W. Bolles, (Catharine G.
Chambers, Jack W. & Beverly Daley, R. M.
Donald, Ray R. Evers
l~inmaad, Ruth Ginsburg, Norman & Blanche, etal
K. & D. R. Maathei, Theodore W. & Mary
Ohlson, Louie D. & Peterson, Louis John
Itathleea M.
Ruaseli,•Walter M. & Sorenson, Donald & Audrey
Alice I.
Sosaoff, George S. & R:im 5peckert, Armin
Vandegrift,•L, B. & R. A. Pacific Gas_s& Eiectrict Company
Discussion of pii4furptatl4ei:hesed 4arthe postsiEar@a~had aotthis
tlmeeotitevasai'eit.that theepeople receiving notices should be•advised
whether their parcel was being affected or whether they were adjacedt
to the action. There should be as outline of what effect this action
would have on property owners. This should be sent to the people who
era noticed and also available at the public libraries.
There will be a List $. The people whose property will be
affected will be notified by the Assessor by certified mail.
Page d49.
January 25, 1977
(~ ~~
Hearing open to~the public. Appearing:
1. Jean Beldon, Newport Beech. Ms. Beldon asked if there was
another map~that she could look at. She was told that the map on the wall
was the only one available,
2. Marjorie Cox,,Magalia. 2?s. Cox asked if those who were not
on List A would be included on List B. Mas.Cox was•told that List 8 has
not been prepared and there is~no way of knowffig3.who would be on the Iist.
3. James Lenhoff. Mr. Leahoff asked if the Aiamond International
property that was•affected was the property that individuals owned the
mineral rights to. Ha was told that it was•not.
Hearing held on the property owners who have asked for exclusion
prior to October 1, 1976.
Hearing oa the P.G& ~. request for exclusion held at this time.
1. Gene Schoonover, P.G. & E. representative. Mr. Schoenover
set out the two areas that P.G. & E. have asked to be excluded. The
first one is in the Clear Creek area. Mr. Schoonover stated that the
cvmpaay does not care if this is left on•List A. The other area is is
the French Creek area. This is under study for a possible reservoir.
The company is asking that this be excluded from List A and added to
List 8.
2. Greg Lawton, French Creek Area. Mr. Lawton asked if Camp
Enjoyment would be included in the zoning. He was told it would not ba.
Hearing on•the P. G. & E. request for exclusion closed to the
public and confined to the Soard.
On motion of Supervisor Lemke, seconded by Supervisor Madigan
and unanimously carried, it would be injthe public interest to exclude
P. G. & E: property, AP 61-19-0-010-0, AP 061-i9-0-019-0, AP 061-28.0-002-0,
AP 061-28-0-008-0, from List A and add them to List B.
Hearing on the Sgeckert request for exclusion held at this time.
1. Ernest Speckert, representing Armin Speckert, Sr. Mr. Speckert
stated that the request for exclusion is based on the fact that this is in
the Forest Ranch area. This area is developed. This property was bought
for speculation and is being taxed as rurai recreation and not timberland.
This property is in the Williamson Act.
Hearing on the Speckert request for exclusion closed to the
public and confined to the Board.
On motion of Supervisor Winston, seconded by Supervisor Lemke
and unaaiuwualy carried, the As~in Speckert property, AP 056-21-0-05fi-0,
AP 061-O1-D-001-0, was~aot excluded Pram Liat A.
Hearing on requests for exclusion by people who did not give
the required notice but now feel the Soard ahouid exciudm them held et
this time. _ ___.._. ~_.
Page d5t}.
.lonuary 25, 1977
f•^
Jonuarg25j 1977 __ _______~=W
Hearing on the John Manthei request for exclusion had at this
time.
1. John tfaathei, property owner. Mr. Manthei stated that he
would like to be excluded Pram the timber preserve zone as babas long-range
plans for the property and this would not be in his beat interest. Mr.
Manthei stated that the property has been in the Williamson Act for two
years and is taxed for•recreatioa.
Leonard Choliet, Assessor's Office, stated that at least one
residence should be allowed in•the TP zone. The property being brought
in under List A is property that is is the Williamson Act.
Hearing oa the John Manthei request for exclusion closed to the
public and confined to the Board.
On motion of Sugervisor Madigan, seconded by Supervisor Lemke
' and unanimously carried, the John !lanthei request for exclusioa•from the
timber preserve zone is denied for lack of basis.
Supervisor Winston stated that a letter should be drafted
for signature to the Legislature relative to TP-160 zoning. AS 1258
is creating a lot of hardships on the people.
[h7 motio On motion of Supervisor Winston, seconded by Supervisor Lemke
and unanimously Carried, a letter is to be written to the Legislature
relating the hardships that has been reflected in the meeting today.
Hearing open to the public for general information.
1. Charles Adams, Clipper Mills. Mr. Adams stated that he
is in the Williamson Act and has ao•objections to 'the TP zone.
3. Katherine Bolles, property owner. Mre. Bolles stated
that she does not want to be excluded from Liat A.
4. James Hannon, Oroville. Mr. Hanson stated that AB 1258
is not a mandated thing. It ie written on the premise of the Williamson
Act. Mr. Hanson stated that he was apaosed to the restrictions on
mining in the TP zone.
5. James Lenhoff, Oroviile. Mr. T,enhoff set out the background
of mining in Butte County at this time.
6. AZ Appleman, WestemMining. Mr. Applemaa stated that he
was opposed to the restriction on the mining industry in the TP zone.
7. Doa Cousins, Forester for Soper Wheeler. Mr. Cousins stated
that this bill was not promoted by the big timber interests but by the
Sierra Club. Mr. Cousins stated that the Board should look at the
compatible uses.
8. Fred Tinler,•representing several people. Mr. Tinler stated
that a single residence home should be permitted. The uses should be
reviewed by the Board.
9. John Manthei.. Mr. Hsnthai stated that this•~rouid be double .
daxation.
January 25, 1977