HomeMy WebLinkAboutM012776r
January 27, 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. Ciif
Nickelson, Administrative Officer, Dan Blackstock, County Counsel, and Clark A.
Nelson, County Clerk, by Margie Catt, Board of Supervisors Clerk.
N
Pledge of allegiance to the Flag of the United States of America
76-Ilb APPROVAL OF MINUTES
On motion o Supervisor McKillop, seconded by Supervisor Richter and
unanimously carried, the minutes of January 20, 1476 were approved as mailed.
76-117 COMMUNICATIONS
m ie C ase, C ico. Request if filed for the Board to hold a hearing to interim
I/3 ~ d.d zone Butte Canyon. To be discussed Iater in the meeting.
David L. Anderson, Chiaa. Mr. Anderson writes in support of the rezoning of
!~3 pd. i Butte Creek Canyon. To 6e discussed later in the meeting.
Cindy Moyer, Chico. Miss Moyer writes in support of interim zoning for Butte
~ ~3, ao. Z-- Creek Canyon. To be discussed later in the meeting.
Susan Fitzpatrick, Chico. Miss Fitzpatrick writes in favor of rezoning of Butte
~ ~ 3. a a -3 Creek Canyon. To be discussed later in the meeting.
Patricia J. Moriarty, Chico. Miss Nbriarty writes in support of rezoning of the
~~3 Q 6. ~ Butte Creek Canyon. To be discussed later in the meeting.
}}JJ James W. Lenhoff, Oroville. Mr. Lenhaff expresses the desire that any amendment tv
T1 I,OD Butte County's water contract will not initiate any future entitlements.
Information.
Mary Hoobler, Oroville.. Mrs. Hoobler writes in opposition to Senator Stull's
~ ~ p , ~ ~ 'right to vrork " bi I l . Information.
John L. Luvaas, Jr., Chico. Mr. Luvaas writes regarding the Punning Commission's
L{ 0~ • ~ ~ review of county right-ofwvay acquisitions. Information.
Donald J. Higgins, Chico. The Attorney files claim on behalf of Lindsay P. Wurlitzer
~ ~ ~, ~~.~ for property damage in the amount of X1,270.06. $ee motion following
communications.
liottinger Display Company, Inc., Corona. The Company offers services for
'~~ 3, p0 presentation by Bicentennial display at the California State Fair at Pomona.
Information.
Bi99s Community ;Club, Inc. The Club writes in opposition to the lower court
~ ~~ .00 • a reorganization. To be discussed during hearing.
Gridley District Ghamber of Comrre rce. The Chamber writes in opposition to the lower
~~ ` court reorganization. To be discussed during hearing.
~~ Page 57. January 27, 1976
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~"ti
City of Biggs. The City forwards its Resolution No. 2 in opposition to the lower
~ ~ ~,00 ~ °~ court reorganization. To be discussed during hearing.
~ a,3 City of Gridley. The City of Gridley files Resolution No. 3 in opposition ro the
S", lower court rearganizvtion. To be discussed during hearing.
~uffe County Fsh and Game Camm.ission.. Gene Mercer, secretary, states that the Commission
has approved a request for X500 from the Bidwell Wildlife Rehabtlltatlan Center
ro assest them in the care of Raptors, Buta's and other birds that need help from a
-7.Zd ,Dd veterinarian. They request that the Board authorize this expenditure From
monies already budgeted for repair of High Lakes Dam. He would be willing
ro speak to the Board on this matter if requested. Discussed; see motion
following communications.
Northern California Emergency Medical Cars Council. Mr, Lindberg, executive
C~ D , Q a director, submits draft amendments to the Joint Exercise of Powers agreement
for review. Chairman Cameron reported on this matter. Referred ro County
Counsel ro study the point powers ogreement and to report back ro fhe Board.
Superior California Comprehensive Health Planning Association. The Association
~„ p~, D a sends informahion regarding appointments to the HSA Board of Directors. Discussed
the Association and powers it will hwe. Placed on agenda for February 14, 1976.
Assemblyman Eugene A. Chappie. Mr, Chappie writes regarding the possible ma(or
p D crisis with regard to lack of rainfall, and asks the Board to ascertain present
~ O 5' and possible future damage ro enable him to seek appropriate state and federal
assistance. Referred to Agricultural Commissioner.
Biggs Lions Club.. Express request to allow the Biggs Judicial District and Court ro
~ ~ ~' ~ ~ ~ remain unchanged. To be discussed during hearing.
Biggs Grange #459. Express their request ro allow the Biggs Judicial District to
t)b , ~p remain the same and protests the creation of a Municipal Court covering the
~ ~~~ south end of the County. To be discussed during the hearing.
Biggs Police Department. Write in protest ro the dissolving of the Biggs Justice
1 +~ra0, S Court. To be discussed during the hearing.
I (3 d d Judith discussed latertinh ~e h~ tongn.y stop all rezoning of Butte Canyon. To be
/ 13 O b Stacy Eva discussedslater fin the meet ng,rezoning of the Butte Canyon area. To
Janice Manion. Writes in opposition ro the rezoning of Butte Canyon. To be
~ 3 ,0 ~ discussed later in the meeting.
~~ 0 d Paradise Chapel of tine Pines. Writes in appreciation for the prompt action that was taken
on repairing the roadside parking area on Almond Street, Paradise.
Buffe County Building and Construction Trades Council. Offer the County frees services of thi:
~~ , 0 Z this Council as a Labor Relations ro help any agency, employer, or
awarding body, prior ro making such fob awards. Discussed; referred to
Clif Nickelson.
~od.3-z Assemblyvroman Pauline L. Davis, Acknowledges the Board's recent correspondence
Concerning AB 2169. Information.
Assemblywoman Pauline L. Dovis. Acknowledges Board's recent correspondence
~ ~ O, ~ ~ f aonceming AB 15, Supervisor Ladd felt the Board should express their
opposition ro ibis bill ro the Senate. Discussed; Board members ro express
their opposition in Sacramenro.
City of Chico, by Ronald E. Stewart-Nkayor, They have reviewed the concept of
~~ consolidating the City Librarywith County free library. A draftof an ogreement
3~' between the City and County wifh respect to the eonsolidation is being
Poge 58.
January 27, 1476
/^~ !~,
a c.. c.ca...zsc=a14F1lpLg~.-osasc=Qaaoamsa~m
prepared. 1Nhen completed it will be submitted to the Library Commission, City
Council and for this Board for review and approval. No action taken
at this time.
City of Chico, by Ronald E. Stewart, Mayor. They write concerning Butte County
~~l da Solid Waste Management PIan. They have accepted the plan with the
attached recommendations. Referred to Cloy Castleberry, Director of
Public Works.
Stanley Sedor. Complaint ~ Sumnans. Owens vs City of Oroville & County of $uffe.
Referred to County Counsel.
Ausbaughy Raymond. Claim against the County. Referred to County Counsel.
76-118 REJECT CLAIM OF LINDSAY P. WURLITZER
On motion of Supervisor , seco y Supervisor McKillop and
unanimously carried, the claim of Lindsay P. Wurtitaer, in the amount of $1,270.06,
property damage, was rejected and referred to County Counsel and insurance
carrier.
On motion of Supervisor McKi op, sewn a Supervisor igan and
carried, the request of Butte County Fish and Game Commission far x500 from the
Bidwell IM1rldlife Rehabilitation Center to assist them in the care of Raptors,
Buts's and other birds that need help from a veterinarian was approved, from
monies already budgeted for repair of High Lakes Dam.
AYES: Supervisors Ladd, Madigan, McKillop and Chairman Cameron
NOESs Supervisor Richter
76-120 RESPONSE OF SUPERVISOR RICHTER REGARDING REQUEST OF MINASIAN,
MINASIAN, MINASIAN, ETC. RELATING STATEMENTS MADE CONCERNING
NARCOTICS TASK FORCE
Supervisor Ric er reported that he had received a letter from the law firm
of Minasian, Minasian, lwGnasian, Bober, etc., requesting that he make a retraction
of the statements that he, Supervisor Richter, had made in wnnection with the
activities of the Narcotic Task Force. He read his prepared statement, a Dopy of
which is on file with this Clerk.
No action'tq-«n ut ,this time.
. ~. -.
'" 76-121 DISCUSSION: HOUSING & COMM,Ifh~Tlf-DEVELOPMENT PROGRAM:
RESCFND ACTION AUTHORIZED IN RESOLUTION 76-160, FOR HOUSING
AUTHORITY TO PURCHASE PROPERTY: REA[=1'IRM PROGRAM iN SOUTH OROVILLE
f a y, m nrstrative a ysls, repo on t o Housing a
Community Development Program, setting out the program change. He stated
that last Friday afternoon a memo was prepared for the Board member; setting
out what has transpired with the $76,000 grant, A meeting was held yesterday
and he set out what had transpired at that meeting.
The wncensus of the Committee was to go to HUD and request the re-programming
of the money and to expand the boundaries of the area tv be affected by the program,
HUD has Indicated that the south Oroville area is a target area of this program.
To be included in the project for the Fhree~year funding would be, not only the
Ei Media area, but the south Oroville area. Place for rehabilitation is not specifically
in the EI Media area, but should include all of the south Oroville area. ~ r
Page 59,
January 27, 1976
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January 27 1976 _ _ _
-}~ a= as oa=ssnceeea c C ~cavo a a ee ooe__....,.=acc-
Mr. Connerly brought the Board up to date as to what has transpired in this
matter. He has talked to HUD about the re-pi+o8rainit~.Fle felt should proceed with
dispatch with the acquisition of land. HUD looks at this Thing in a statistical way.
Mr. Connerly requested that Supervisor Richter meet with him and HUD regarding commit-
ment and capability. MUD was very impressed with Supervisor Richter. R was felt
that if the re-programmirg to them for south' Oroville, they will consider it favorably.
Arather meeting has been scheduled for this Thursday.
Supervisor Richter asked if it was desirable to hove the administering
control of this given to the Administrative Officer. It was discussed and felt it
should be moved from the Housing Authority to the Administration Office. Supervisor
McKiliop felt that the Housing Authority should be involved; they do a fine.:job in
the County.
Mr. Connerly said there were two things he would recommend the Board to do.
I. The Housing Authority has proceeded in good faith; he felt the Boani should
also be asking them if they have made any commitments. Mr. Mellon has stated that
there has been no financial obligations made of this time. 2. The City of Oroville
has been acting in good faith. The County should tell them that they appreciate their
cooperation and that they should try to involve them in the financial assistance in
this program. The County will be going from a single purpose program to a very
comprehensive program.
It is Mr. Connerly's judgment That this program belongs in the County
Administration Office. He felt that the Housing Authority could be involved at
a later date if the County goes into public housing.
There will be additional work involved in this program. It was Felt that
the find to do is to use Scot Tandy, as the• Board is now using him, and then have
the help contracted for later.
Amite Bell spoke oanceming who should work on this program; she felt
that Jerry Lively should be asked to help in this matter.
On motion of Supervisor Richter, seconded by Supervisor McKillop and
unanimously carried, the action in which the Board authorized the Housing Authority
to purchase property in Resolution 75-160 was rescinded, and the Board affinned
the desire to re-program for the south Oroville area, and ixrtting the program under
the direction of the Administration Office.
76-122 BUILDING COMMITTEE REPORT REGARDING DISCUSSION WITH ARCHITECT:
AUTHORIZE CONTRACT WITH ARCHITECTS
C i "c a son, mrn strgtrve rcer, presented the Building Committee's
reporE regarding discussion with Architect firm. It is time to discuss the retention of
pn architect for the County Center building. The Building Committee recommends
that the Board enter into an agreement with McFarren, Fox & Tarman, for architectural
services. This would 6e for the planning of the county building at county ce~terF with
a total footage of 3q•,000 square feet.
The Building Committee requested that they be given more time to work with the _
Page 60.
January 27, (976
Januar~ 27, 1976 _ - ~ ~ _ ~ _ _
acc-=~=.c.=QCQCOQaL^a.S.a ~ooo-voooao.-_,. -
matter of the space swap between the Supt. of Schools and the County. They would
like to see the remodeling needed.
--• `tY Counsel asked if the Committee had negotiated beyond the
7~'% fee. Agreement discussed.
~vir";' [leaver was asked to comment on the building; he Eelt he had no real
comments to make.
Architect fees discussed.
It was moved by Supervisor Richter, seconded by Supervisor Ladd and
unanimously carried, that the County ,tinter into a contract with McFamen, Fox
arxi Turman, architects, aF fees not to exceed 7~%, and not to exceed X125,000
for said fees, with a stopping point at any time that the County might desire to
stop, for plans for the new wunty building out at County Center, for a space need
of 34,000 square feet.
RECESS; 10:10
RECONVENED: 10:25
7b-123 WAIVE SECOND READING OF SALARY ORDINANCE AMENDMENT:
ADOPT ORDINANCE NO. 1669
On motion o Supervisor McKillop, seconded by Supervisor Richter and
unanimously carried, the second reading of the salary ordinance amendment was
waived, Ordinance No. 1669 amending the salary ordinance was adopted and
the Chairman authorized to sign.
7 6-124 SURPLUS FROPERTY(ROLLUP FIRE ESCAPE) TAKEN OFF AGENDA AT THIS TIME
~{,e request to~ec area ire escape Burp us property was to en o t e age c
at this time at the request of Administrative Officer.
76-125 RLKSEIND PREVIOUS ACTION ON AWARD OF BID FOR VEHICLES: NEW
AWARb APPROVED
n t e ve is a bid recently awarded there is an error in that the trade-'rn
vehicles for item b were inadvertently applied to item 5. This would make the low
bidder on item 5 Pahl-Goodhve,Forxl ratfser than John C. Bayer Fond. The bid
for the three light utility pickups should be awarded to Pahl-Goodhue Forc1 in the
amount of $9,453.93.
On motion of Supervisor Richter, seconded by Supervisor Madigan and
carried, previous award of bid to John C. Bayer Ford was rescinded and the bids for the
three one-half-ion light utility pickups was awarded to Pahl-Goodhue Ford for
$9,453.93. Supervisor Ladd abstained from voting.
76-12b BUDGET TRANSFERS APPROVED
On motion o perv sor Killop, seconded by Supervisor Ladd and
unanimously carried, tho following budget transfers were approved:
Page 61.
January 27, 197b
~~ ("~
co c=c v=ccccs a ao ame~~Vi~~~d~Ls use a a~-~~c=c ~COCO
B-BB Paradise Justice Court. This transfer6 $2,500 from the
reserve, $1,000 going to extra help; $500 to visiting Judges expense;
$1,000 to professional and special services; and $100 to other transport-
ation and travel. The extra help is needed because of increased activity
in All departments of the court and vacation relief. Visiting Judges
expense is to cover visiting Judge for Judge Daley's vacation relief.
The professional and specialized services has been hit because of outside
defense counsel caused by conflict of interest of Public Defender and
necessary appointment of outside defense counsel. Also reporting and
transcribing costs of the court reporter. The transportation and travel
is due to increased need for the acting Judge.
8-89 Chico Municipal Court. This transfers $500 from extra help to
overtime within the court budget. The court states that overtime is
necessary because of the workload which appears to be on the increase and------•-------
not expected to decline.
B-90 Welfare. $3,255 is transferred from regular salaries, with
$75S going to extra help and $2,560 to overtime. The extra help amount
is to cover for an eligibility worker hired to cover for extended illnesses
of regular help. The overtime is required by protective services and
court workers.
$-91 Buildings and Subdivision. This sets up $2,250 in the extra
help account from unanticipated revenue-engineering and inspection fees.
Extra help was used for earthquake assistance and a CETA youth girl was
transferred to a student aide Position under extra help and will continue
in this capacity throughout the budget year.
B=92 Assessor. $1,500 is transferred from extra help to overtime
within the Assessor's budget. The extra work involved maintaining the
homeowners exemption file causes the need for overtime as this work is of
technical nature that extra help could not be used to accomplish it.
B~93 Auditor-Controller. $5,000 is transferred from salaries and
wages regular to extra help within the Auditor's budget and is to cover
cost of additional clerical help to cover for extended illness of a
regular employee, delayed computer systems development, extra cost plan
effort, and an additional workload relating to the new child support
payment procedures recently instituted.
76127 HEARING: LOWER COURT REORGANIZATION
'ihehearing on the Lower courF reorganimt on was held of this time.
County Counsel explained the reorganization plan. Clif Nickelson, Administrative
Officer, presented the Board members a computation of the judge's salaries.
The recommendation being considered was received fmm the Judicial Council,
The plan being considered is the possibility of consolidating all the districts into
one. Under the present law, only an attorney can run for th'e Justice Court Judge
position. All of the Justice Court Judges will have to run for offSce this year.
Mr. Blackstock stated that the ordinance that he has prepared would work
the same as AB 1414. The concept would be that the County would end up with
three Municipal Court judges. Three judges would be needed'to operate the
oounty-wide muriicipol courts in the County,
Present operation of the courts explained by lvk. Blackstoek. He explained
Page p2.
January 21, 1976
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January 27, 1976
how the proposed courts would be operated and the type cases thaF they could handle.
The courts would be in Chico, Gridiey, Orovilte and Paradise. There is not a
building in Biggs that could be used for a Municipal Court.
Time spent discussing the proposal.
Hearing opened to the public at this time. Appearing:
I. Mr. Howard Geyer, Chief of Pblice-Gridley. Concern about the
courts and the additional salaries and costs expressed by Mr. Geyer. It was his
feeling that the Board should have more facts about staFfing prior to making a
,_ _ ..._ decision ~in the matter. At the present time, he felt he would have to take a
stand against the Judicial Council's recommendation relating to the lower courts.
2. Roy McKemon, attorney at .law, representing Butte County Bar
Association ~ vice-president, stated that the Bar association supports the concept of
the three-judge courts. There would have to be full time clerks in the courts to handle
the work for the fudges. He filed a letter from the Bar Association outl'sning
their feelings.
3. Mrs, Funice Smith, Biggs, representing the~p~iggs City Council.
She felt that the ruling of nonrottorney judges was being questioned; there could
be a conflict of interest. Opposition to the abolishing of the court in Biggs set out.
It was her feeling that the people would not hwe the same coverage in Biggs that
they now have. Mrs. Smith had the people in the audience stand thaF were fmm
Biggs in opposition to this.
4. Dep. Sheriff Jerry Rooler, representing the Biggs i'blice Department,
expressed his opposition to this consolidation of the courts.
5. Mr. Minnow, City of Biggs. He felt the present judges were adequate
and he expressed his opposition to this reorganization.
~i. George 144rlnne, representing the Community Club of Biggs. He
emphasized the fact that the people in Biggs would like to retain the Justice Court
as it is at present.
7. Mrs. Leata Fortney, representing the Biggs Grange. She went on
record as opposing the proposed lower ciourt;r~ovgani zation.
Hearing closed to the public and confined to the Board.
5 Supervisor Ladd stated he had received a large number of letters and phone
calEs from the people in Gridley and Biggs. He said he did not agree with doing
away with the Justice Courts. }ie apposed the legislation that brought about the
change in the type fudges that Butte County has at present.
Supervisor McKillop felt the Board should sit and maintain the present
status quo and retain the Justice Court fudges. He felt there would be attorneys
that would run for the present Judgeships.
Reorganization discussed; no action token at this time.
rage 63.
January 27, 1976
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January 27, 1976
76-128 DISCUSSION: BUTTE CREEK CANYON-REPORT FROM PLANNING COMMISSION
ON DENIAL OF REZONING FROM "A-2"(GENERAL) AND 'S-H"TO "A-5"
T e report from oaring Commission on t e aria o Butte Gree Canyon
rezoning from "A 2"(general) and "S-H"(scenic Highway) to "A-5"discussed.
Chairman Comeren stated that there had been a meeting last night; these people
want an interim zrning put on the property. They would be satisfied with a
TM-5 district.
Mr. Lawson stated that an interim could be approved for a period of
four months. The people in the Canyon could file a petition setting out the
zoning they would like For the area.
Supervisor Richter said he had also received coils on this matter. He
would be willing to support an interim if he first saw a petition. Planning
Director could set out on a map the property owned by the persons signing the
petition.
Interim z+ Wing discussed.
It was requested that this be put over one week and have Planning
Department prepare a map setting out the parcels owned by the people signing
the petition.
Area set ouf and discussed,
Appearing: I. RichaK! Freneh, Jr., Humbug Road. He clarified
what took place at last nights meeting. The major portion of the people support the
interim.
2. Charles Hile, Nimshew Stage. He favored the interim zoning.
Matter put over one weak so Mr. Lawson could prepare a map setting
out the parcels and areas involved.
76-129 APPROVE DISTRICT ATTORNEY'S REQUEST FOR PERSONNEL FOR
FAMILY SUPPORT DNISION
Ken Leac ,District ttorney, commented on the memo sent to the
Board members regarding the requested personnel for the Family Support Division.
The attorney responsible for this unit was present to answer questions that the
Board members might have.
Income taken in by this unit set out and diacussed. Mr. Leach felt they
would go over the $100,000 ma~c.~this month.
The program is going to be a lot of work but he felt that it would pay ofF.
The portion of the money collected by this unit to be retained by the County
explained. The program has been very effective up;to this"time.
Mr. Leach commented on the equipment far the program. He requested
a dry copier as there is a tremendous amount of paper work involved in this.
Page 64.
January 27, 1976
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Mr. Washington, deputy district attorney, explained the program. Matter
of reimbursement set out. Reimbursem~nts~would come from the Federal Government
paid through the State Department of Bonefit Payments. The County ~ Ts reimbursed for their
costs; Tt is self funding. A service charge is aytlected from some of the payments.
Mr. Leach set out the level of service that he desired to give in this unit.
Request of District Attorney discussed,
On motion of Su rvisor Madigan and sec~nded_by Supervisor-Richter-
that the request of tfie District Attorney for personnel-fa-r Fatally Su}ipori~'-Division --- - --~--
-6e apprnved~.- ---- . _ _ ... _
Financing the program for the additional personnel discussed. County Auditor
said he would like to work up a report on this.
Notion tabled at this time and action put over to Tuesday, Febivary 3, 1976.
RECESS: 12:40
RECONVENEDs Ir30
76-130 PUBLIC HEARING: BUTTE COUNTY PLANNING COMMISSION; REZONE FROM A-2
TO AR-MH-3 PROPERTY ON EAST SIDE OF SKYWAY FROM ROSEWOOD DRIVE TO
WOODWARD AVENUE AND ON WEST SIDE OF SKYWAY FROM WOODWARD
TO PERRY ROAD PARADISE: ADOPT ORDINANCE~16a0
pu is Baring on t e utte County cart ng Commission rezflne
from A-2 (general} to AR-MH-3 tagricultural residentii:l mobile homes) property locate:..
on the east side of Skyway.from Rosewood Drive to Woodward Avenue and on the west
side of Skyway from Woodward Avenue to Parry Road, excepting that portion within
25U feet of Skyway, was held as advertised. Jim Lawson, Planning Director, set out
the background of this matter. The major portion of this is on the west side of Skyway.
General location set out. It is up in the upper Paradise Pines area.
Hearing opened to the public. Appearing:
I. Nlr. Ron Weekly. He opposed the mobile home designation; he
expressed his opposition to subsidizing mobile home dwellers.
2. Mr. Grant Kline. Opposed the proposed rezoning; his property has a
commercial use.
3. Mr. Henderson; opposed the rezoning.
4. Granf Kline again spoke In opposition. He requested that he be
excluded from the district.
Hearing closed to the public and confined to the Board.
Supervisor McKillop asked why the MH designation was placed on
this rezoning. Mr. Lawson said there was support for mobile homes in that area.
The trend is for mobile homes in that area. Nlr. Klines property is on the border
Page b5.
January 27, 1976
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___ ~__ =_ ss==~ _= Jar~u~rY2=7L1976_ ___ __ ___________ _
on this district and could be excluded. Chairman Cameron said the County is going
ro have to be realistic and look around the area. Nbbile home use is going ro be
expanded in that are a.
On motion of Supervisor McKillop, seconded by Supervisor Ladd and unanimously
carried, the Board concurred with the rezoning , with the deletion of the Kline property
from the rezoning and for his property to revert back to ori91na1 zoning, from A-2 to
AR-MHO, for property~lacated on the east side of Skyway from Rosewood Drive to
Woodward Avenue and on the west side of Skyway from Woodward Avenue to Berry Road,
excepting that portion within 250 feet of Skyway; Ordinance No. 1570 was adopted and
the Chairman was authorized to sign.
76-131 PUBLIC HEARING: BUTTE COUNTY PLANNING COMMISSION: REZONE FROM A 2
(GENERAL) TO A-R, AR-MH & P-Q FOR PROPERTY BOUNDED ON SOUTH BY GRAND
AVENUE, ON WEST BY~12th STREET, & WEST LINE OF SEC. I, ON THE NOftFH BY
THERMALITO fOREBAY AND EAST BY OROVILLE CITY LIMITS: REFERRED BACK TO PLANNING
T e pu is Baring on a Butte ounty P arming omm ssron rezone rom A-
(general) to A-R (agricultural-residentia!), AR-MN (ogricultural-residential mobile irome)
and P-Q (public-quasi-public) for property bounded on the south by Grand Avenue, on
the west by 12th Street, and the west line of Sec. !, TI9N, R3E, MDB8~M, on the north
by the Thermalito Forebay, and on the east by the Oroville city limits was held as
advertised.
Jim Lawson, Planning Director, set out the background of this rezoning.
Hearing opened to the public. Appearing:
I. Darrell Stevens, attorney at law, representing Ron Smith, owner of property
on Grand Avenue-down from IOth street. Mr. Smith's present market is under lease and
has a year or year and ~ to go. He is in the process of developing a parcel to
build on. This property is in the triangle on Grand. Property in triangle set out.
He would be hurt drastically if this rezoning goes in. He requested that his parcel
of land be deleted from this district.
2. Mrs. Downer, owner of the Oasis Bar. This, also, is on the triangle of
property on Grand Avenue. She requested that her property 6e deleted from this district.
3. L. T. Carter, owner of the abandoned service station on the triangle.
He requested that his property be deleted from the re zoning.
4. Mr. Thad Wakeman, owns property on 12th Street. He spoke against the
zoning of the area. He felt that mobile homes should be allowed.
5. Mrs. Mews; spoke and was told that she was not within the district as she
lives within tlic Cify~of Oroville.
6.. Darrell Stevens, representing Ruth Tree, Inc. They own property on Plumas
Avenue, bounded by 6th $ 7th Streets. They intend to develop an apartment complex
on the property. The project has been. presented to Rrblic Works and to Planning.
They have had problems with the financing; they now contemplate construction in
April or AMy. Request to have their p~perty~eleted.
age
. January 27, 1976
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January 27~ 1976 ~ ~_~__ _~__~~__ _~_
=-oaccocc.: ....~ccc~a==
7. AM. Miller; lives on property across from the triangle, east of Tehama.
The people in that area have all been waiting for the sewers to go in; requested that
this matter be held in abeyance for the present.
8. Mr. Clarence Mayo; questioned the Board concerning the uses.
9. Mr. Wm, Hensler, Tehama Ave. He is opposed to trailer homes; approves
the rezoning,
i0. Leonard Hendrix, Plumes & bth. Opposed to the rezoning.
l 1. Nel Rudd; opposed to the rezoning. He has young children and they want
to have horses.
12. Mr. Ross Major. Opposed the rezoning. He pions on developing his
property; he requested that this be set aside for the present.
13. Mr. Wilcox; requested that the Boarcl hold off on this at this time.
Hearing closed to the public and confined to the Board. It was felt that
this should be sent back to the Planning Commission as the matter should be
reconsidered.
Rezoning discussed. Supervisor McKillop felt this should 6e sent beak to
the Planning Commission and maybe then if there is 9o much in-put, the Commission
oould go to the people and come up with aomething they can live with.
Mr. Lawson stated that he had received a letter from the City of Oioville
and they oppose the placing of mobile homes on the property in their sphere of
influence.
On motion of Supervisor McKillop, seconded by Supervisor Ladd and
onanimousiy carried, this n:zoning was refen+ed back to the Planning Commission for
further study, and have the people in the area put their suggestions in a form that
wuld be considered, ancLbri~, back to the Board of Supervisors the suggestions for
the use of the land in the area.
76-132 PUBLIC HEARING: BUTTE COUNTY PLANNI~ff COMMISSION-REZONE FROM A-2
S-H AND INTERIM S-2 TO A-10, A-I60 and S-2 A PORTION OF COUNTY GENERALLY
tOCATED NORTH EAST OF CHICO, EAST OF BRUCE ROAD, SO. & EAST OF STATE
HIGHWAY 32, NORTH & EAST OF DOE MILL RIDGE & SOUTH OF NORTH BOUNDARY OF
SEC. 13, etc. STILSON CANYON
T e pu is caring on t Butte County Planning Commission rezone from A-2
(general), S-H (scenic hignway)-and•iirterim S-2 (suburban) to A-10, A-160 (agricultural)
and S-2 (suburban}, a portion of Butte County generally located north-east of Chiw,
east of Bruce Rood, south and east of State Highway 32, north and west of Doe Mill Ridge,
and south of the north boundary of Section 13, 14, 15, T23N, R2E, and Section 16,
T23N, MDB&M, Stilson Canyon, was head as advertised. This is known as the Stilson
Canyon area. Area being considered set out 6y Mr. Lawson, Purpose of the rezoning
set out.
Page b7.
January 27, 1976
~,
Hearing opened to the public. Appearing:
I. Mr. Ron Imhoff, representing Robert Whitaker. This property is on Bruce
Road, off Skyway. He stated he would like to see the zoning changed from A-10 to S-~2;
he did not feel that 2-acre parcels are small parcels. At this time there is a parcel map
filed, but it was stopped because of this hearing.
2. Mr. Im-in~Schlaf; he was at the initial meeting of this rezoning. He apposed
the rezoning. The existing subdivision is zoned R-I; one acre parcels. Two to five
acre parcels was suggested by Mr. Schlaf for his property. Requested that a 5-R zoning
be placed on this property.
3. Mr. Robert Matson, Chico. He represents 1,200 acres in the Iower'section
of this area. They have engaged engineers to make studies to tel[ fham•wf~td:`t~~bnst
use of the property would be. He requested that this property be removed from the
zoning proposal.
4. Howard Sam. He concurred with statements made by Mr. Matson. Aerial
maps are being prepared and they are preparing on E. LR. of #heir properly.
It will be six weeks to two months before they have results of their study.
Hearing closed to the public and confined to the Board. Supervisor Richter
commented on the rezoning before the Board at this time. He felt the Planning
Department tried to take on somefihing to big; as a result they could not do a fob
of such a massive area.
Supervisor Madigan said he felt that.uavhere there are plans on Fhe drawing board,
the property should be excluded.
It was felt this should be sent back to the Planning Commission to have these
areas deleted and to look at the best use of this land. The lower portion and above
portion should be considered separately. Rezoning discussed.
On motion of Supervisor Richter, seconded by Supervisor Madigan and
unanimously carried, the rezoning was sent back to the Planning Commission, with
the recommendation that they take a Zook at the upper end and tower end by Bruce
Read, and bring back a recommendation, with the deletion of the Isom and Matson
property.
RECE 5S: 3:45
RECONVENED: 4:00
76-133 PUBLIC HEARWGS SET: ZONING AND ABANDONMENTS
T e owing pu c earings were set os requeste y anning Department;
February 10, i976, 2;00 p.m.
I. Extension of interim S-2 for property located south of Mud Creek, west of
Esplanade, north of East Avenue and east of the Southern Pacific Railroad right-of-way containing
850 acres, more or less, Chico.
Page b8.
January 27, 1976
f"1 ~"',
2, Extension of Interim A-5 for property bounded by State Hwy. 162 (Oro i)am Blvd.
west) on the south, l8th Avenue on the east, Grand Avenue on the north, and being the
west line of Sec. 15 on the west; located in Sec. 14 and I5, TI9N, R3E, MDBiiM.
February 24, 1476 at 2:00 p.m.
1. A. John Merlo - rezoae~fnlm~ "A-2" (general) to 'C-2"(general commercial)
for property iocated on the east side of Esplanade; approximately 150 ft. north of
Commercial street, identified as AP 44-43-01, Chico.
March 2, 1976 at 2;00 p,m.
I. Terry McCann, et al -rezone from 'SR-I ".~burban=residential) to
'TM-2" (timber-mountain) for property located on bofih sides of Forbestown Road,
approx. I~miles east of Lur~~picin Road intersection.
2. John W. Green-abandonment of 5 ft, of a 10 ft. pubiic utility easement
on Lot 80, Eden Roc Estates.
3. R. S. Thompson, etal-abandonment of a public utility easement located
on Lots I through I6, Pinecrest Subdivision.
76- TENTATIVE PARCEL MAPS RECOMMENDED FOR APPROVAL: APPROVED
On motion of Supervisor Richter, seconded by Supervisor Madigan and
unanimously carried, the following tentative parcel maps recommended for approval
were approves, subject to the pond€t€ons, with the findings that they are consistent
with the Butte County General plan and that negative declarations have been filed
with the County Clerk:
zoned ,A-2 Char3es L. ~:ing, RP 73-18-97, 3 lots, Past of New
r, .P . TimbAr M L. York Flat Road, arpra:c. ~., (lf10 feet south of FgrbAs-
~srrain fawn Aoa3.
arson+Zt to 'tlie requirements of Section 2f1.3 of the Butte Cvurty Code„
tcse tant«tivE pascal map afi the eaove identified Propezty has bean tce-
srieiosd by fihe Butte County Subdivision CDnunittee and the Pi&nninq
C't?illfi~o:iiDn
Tne Subdivision Coiranittme and the Plarninq Cotu-aiss;on r4corm~end
xpprot~al of the tentsti.ve map, subject to the fio1lc:~ring conditions:
Z. Provide tratrers8hle access to each parcel..
2,. The parcel man sha11 be prepared in acoordanae with state ],ww
and requirements of the Department of Public 6dorks.
3. Deed to the County of Butte 30 ft.right~-of-way from the centerline
of New York Plait Road.
~}. Deed to the Ctivnty o:E Butt^ 30 ft. right--oi`-way from trip center-
line of Oroville Forbestctirn Road fronting a:: existing parcel 4A.
5, Ixtd::.Cgte a 50 xt. building setback fron thL centerline of ~rovil3e_.~~..
ForbestoYan Road acid h_e_kr Yq_rk E'~.at Road. _
. , .....Page ~9; ..____._ . .. ,
January ?7, 1976
r-, ~"'~
January 27~1~76~~ ~~=CCCe=~~ __~__
SC. C."i. C.^..a.a as a.".. bC' _ C _
6. Indicate a 100 ft. seatic tank Free setbacY, oa the crest side pf the
canal.
7. Indicate a 50 ft. set~tic tank fre6 setaack on the @ast lids of the •
canal.
A Tegative Declaration Regarding Isnvironmental Impact c~rss filed wit3;
tI:e County Clerk on Diovember 17, 1975.
Staff Comments: The Genek•al Plan designation for this area is Timber
Mountainous Terrcain, and staff does not feel t.~sat this rnau is in con-
formance with the General Plan. This•is a iur't'r-er parceling of pr=-
diously approved parcel maps.
T3~e tirnheY nt~untair_ cltessification is intended fos those areas which
have value as timber producing areas, watershed areas, scenic areas,
recreational areas, and areas which by thei.s character and particular
~:apography rerluire saecial treatment and protection to mitigats pc~-
t.~::tial. damage. Rssidentia.l develo(~nl+~nt zn tease areas should be
cwrifined to areas Grhere the topography ai the ia~.d will ailoc~ a
miisimt~ 2:aaur~t of damage by way of erosion, siltation, susfac•s and
zyrrund water p~~:clution a~• tize destruction of scenic a.nd histosical
-seas. Density sha:~id b:~ considmreu an the bzsis o= these faatore
q'u'id wa:,g:~ed ar3aihst altezttate use cf ~ th_ areas for timber p•rcdLC- --- _
lion, x~:cx°'_atirn• Arid vrntnrshed p~tec::i.on,
Zone$ A-2 Ed'~rard Francis, AP 5$-22'08, 4 .lots, west of Concas~
G.1?. Timber Mt. Road, near Conca.~* ~teservair. Bngineer: Grzvgs,
Te'"rain G9ddis, & Oriscull
Pursua.*~t to the _*equirements of Sect;on 2fl.3 of tits Butts County Code,
tl~e tentative parcel. mr~p of the abcve identified property has been re-
vi.8wed by the Butte County Subdivision Cosru;~ittee &na the Planning
Commission.
The Subdivision Committee and the Planning Commission reco~send
approval of the tentative map, subject tc the fnllav*ing aonditS.ans:
1. Verify legal access. .
2. Provide traversable access, and obtain an encroachment permit
3. Deed to the County of Butte 3~i ft. ric~ht-of-~~ay from 4I•ie canter-
line aP Cancow Road along the front of the easement.
9. Provide a cul-dE-sac street of rear easement or provide a cul_
de-sac through Parcel A to provide 65 ft. of frontage.
5. Provide a road msintainence agreement.
AS Negative Declaration Regarding lrnvironmenta3, Impact 47as filed-uiit-!•i"`~'-""""
t,aP County Clerk on Decambex 4, 1975.
Note: This is a further do*Jrn-parceling o£ timber-mountainous Erezs-
as -designated in t:ne Butte County rQner81 Plan. ~•
.~.-.. ~..~...- .•. _ .---_..._- d
page 70.
January 27, 1476
~~ ~`'?
aaaa~aoeeocxxxa'L"'Li~C'Id~L'~x n..-.-. a aaesaaaon
fit-r t'Lmbez' mounicain clagsificatian is intended fox those &7ceas w'tich
hare value as timber producing areas, watershed areas, scenic aereas,
recreational areas and areas which by their character and particular
topogzaohy require speoinl trE:atntent and protection to'mitigate po-
tbs~tial damage. ~tesidential development in these areas should be
confined to areas where the tapvgraghy of the land will allow a
minimum amount of'da~age by way of erosion, siltation, surface azd
ground iti~ater pollution or the destruction of scenic and historical
axe as. Density should ba oonsiderpd on the basis of these. factors
and weighed against aiterna+:e t~ a of the areas for timber produc--
"~.ian, recreation and tivatershot! protection.
Zoned A-R & A-5 Rahald A. Borneo, oral, AP 35-23-16 & 17, a.-zd ~n
~:n. .',.-d du/ac 36-24-01, 7 ].ors, svuthf?eat of Oraville-Sangor
I3~iy., 5mc 25, T3~~7, R4E, NiDb&r~T. Engineer: D. 3t.
Roper
PL+xr~uant wv the s~grzirements of Section 20.3 of tie Butte County Cods,
i:ha tentati~ste paxce~. Wrap oc the abavp identified pzoperty hps been. re-
vi~?cved by the Butte County Sttbdiv~.sion Committee and the Planning .
Com`~3s si on .
'~h+e •~ubdivis~.on Cosrntifitee and the Planning Commission recommend
approval of the tentative slap,lsula~ect to tha fallowing conditions:
3.. Deed to the County of Butte 30 ft. right-of-way from the centerline
of Oroville-Bangor Huualy. along the noYtheastErly line of Parcel 1,
3, & g.
8. Deed to lte County of Butte S4 ft. right-vf~-v,*ay along Orovflle-
.Iiangor ~irry, on that portion travezs3ng Parcel. 1.
3, Provide a rand maintainencr agree;ttent.
9. Indicate a 50 ft. building setback from the centerline of Oroville-
Bangor Hwy. and the access easement.
S. A. ra/ide txavers3ble access, and obtain an encroachment permyt. -.^~ ~..____.
7. .Subm~.t drainage plans to the Department of Public Works and
install neaessazy facilities.
E. Nv access to be allowed on ttte naxthensie~cly side of Parcels 3 or
g to the publicly ma.inta~.ned road.
9. Proof of seater, or place tF:e sta~emenfi on the map as required by the
~Ordinence.
A Negative Declaration l~egaxding Enviro;smental Impact wss filed with the
County Clerk on Oct'aver 24, 1475.
Y;
Page 71.
January 27, 1976
n
r
C CC CGC- -C~OCO C C ~VCC ~~~~ltC CCaa ... Can =ssoC CC
2cnad A-R ~ fi. L. Bryan, .7r.r AP 35-05-7~4, 2 lots, south of
r.P. 1-4 du/aC o.2td adjacent to xucic°r AvP., ~~°-st of Oakvale Ave.
oroville. Engineer: Graves, Gedc3is, s Ariscoll
Ptx: su~.nt to the xequiremen•`~.s of Section 20.3 of the Butte County CadA,
f:1~e tentative parcel map of Lh.e above identified property has been re-
vae~~sd by the Butte County Subdivision Committee and the Planning •
Com~n3.s sion .
The Subdivision Committee and tche Planning Commission recommend
approval of the tentative map, subject to the follpwinq conditions:
1. Ynasm~aois as the old wood stave OWID pipeline leaks c~eatinq
s~~rampy areas on the parcels, replacemcrt of that piple line
wits an appropriate line that doss not leak is requited.
2. Dsed to the Cou:-ty of Bette 30 ft. right-of -way from the centerline
of TucRer Ave. • •
3. Dmee~ to the County of Butte 30 ft, right-of-taay from the centerline
of i•.he street along the southezly property line.
~. Tndioate a 5~ ft, bLi.ldinq setbacl: line from the centerline of
mucker Ave. anc~ the street along the southezly property line.----.-----......----
A rTec}ative Dmclaratior. Regarding Environmental Impact was filed with
the County Clerl: an Decemfrax 9 , 1h75 .
zoned A-2 Tam Pdc~ill, AP 65-IO-07 tporfionj, 4 lots, west
C.P. Timaer side o¢ Skyway, rarth of i3umbuq Road, Paradise.
f~:t. Tex~lri Surveyor: ~Ohxs j•1, Iiy
rurJuant t~a the requirements o:E Section 2~ .3 ox the Butte Caun~p Cede,
the tentative parcel map of the aooe~e idant3.fied pxoto~rty has bsea rs-
viasred :~y the Butte County Subdivision Committee and the.Plannfnq '
Commasaicn.
The subd3.vision Committee and the Planning c:ommissior. recommend
approval of the tentative map, subject to the folloti~ing cond3.tionss
1. Verify legal parcel,
2, Verify legal access.
3. Provide travei~able access to R.58 3,D2 standards.
4. Indicate a 55 ft. building setback from the centerline of Skyway.
5. Indicate a 50 ft. building setback from the centerline of the
easement.
ii„ 2'xov3de a road maSntenr~nce acfresment.
7. Desiaaate we11 locations on each lot to the sa~tisractiori'of 'the-"~
Health Dept. .
Q. Indicate n 100 ft. septic tank free radius around each well site.
_ ....._ Page 7~.
lanvary 27, 1976
~ ~
hate: finis is a fur4her down-parceling at ti3>,herWmounteinous areas
and in conflict aritii the nutte County General Plan, The Commission
'is currer_tly in razoning~Iieazinys for this area, and this nzvperty
is proposed fox TM.-5.
A Negative Declaration Regard::ng Environmental Impaat was filed with
the County ClerY. on December 22, 3.975.
The tinter mountain classification is intended for thC:se areas cahich
have value ras titaber prar]ucinq areas, watershed areas, acanic areas,
recreational areas and areas which by their character and particular
topography requirE special treai:men•t end protection to mitigate po-
imntial damage. Residential dQve?opment n '!:hasp areas where tcse
topography of the land swill allow a mininurcz amount of damage by way
of erosion, siltation, surface and ground trate>; pollution or the
destruct"bn of scenic and h~.staxical axeas. Dmns~.ty should be
-cansidsxsc~ on the basis of these faet^.zs anc~ weighed against alt?r-
nata use of the axeas far timber praut~ct4an, recreation and watershed
-protraction , •
Zoned ~?-2 Phillip G. ~ Barbara ~. Bezrtari, 7#P 63-02-21, 3 lots,
G.P. 1-5 ac/dts east and west of Hurroug Iraacl, north of Cmrst°rville.
Engirecr: Rinc~el & assoc.
Pursuant to the requirements of SQction 20.3 of fire Liut~e County Ccc'te,
th° tar~tative parcel nag of the above identi fier7 prcpex'~y has been ze-
v~ecvea by the I3ntts County Subdivision Committee and the Planaing
Cammissian.
The Svbdivisior. Committee nn8 the Planning Corr~mission recormnend
al~praval of the tentative map, subject to ~e ¢ollas~7ing conditianss
1. Deed to the County of Butte 30 ft. right-of-way from the oentexliae
of Humbug on bath .sides of the road,
2. Indicgte a 50 ft. building setback'.fram the centerline of Snmbug
Road.
3. Pxaaf of water or p3sce the stxtament on the map th~xt no domestic.
wager is available as sat forth in the Ordina.~ce. -.
~! Negative Declaration Regardinq EnvironnenL•al Impact was filed *,ai}'h
tt:e Count? Clerk on December 22, 1975.
~:~azin c7obn band
1-5 acjda
Tize Gel~src^.1 °la^. indicates tvra categories of cp~n space in non-
>sr'aesr 4.Yeas: ~.} amalL-3p}.e use open sps.ce and 2} permanent ap9n
S;7f2C'°. k7ithin the n~ultipls Lea open &pao~, land 3n which the
.lope ±s genaral3y less ta'~an 25~ but whicxi are net covered with
ar31ua3~le stands of 'timber, the General Phan states that t~i~-ere
is not expe~eted to be any substantial dsm~.-:8 far urban~!zation
of this land due .to its location.. Uses fare which it mzy be
suatable i.ncZuele, but are act limited ta:
~3ataxshed I~7inea-al Hxtractian
~,zasicn contxol Golf causes
x:{ldlife hzbitat Pxiva,,e autdaar recreation
Grazing aiding staples
Tree crags. .
Plant n~arserias
riield crops FYoad contzol
_ ,_Scenic easements Gl:eea }~e:~t3 __• _ _
~
Page 73. ~~
January 27, 1476
f" ~• ~"`
CCCCL'-~ C-'i CCC ~aC C~134~'7k~t C~~C GGCGO.~C CCIIC=CC=
^ucned A-2 George Pittard, AP 51-34-18,~ 4 lots, nor'rh of Eiuinbug
G.P. 1-5 ac/du Road, noxth of intersections ssith honey Run Road,
Engine°r: Ringed & P,sscc.
Pursuant to the requirements of section 20.3 at the Butte Caunicl• Cade,
the tenk:at~.ve parcel map of the above identified pYOperty Itas bean rem
viewed bar the Butte County Subdivision Committee and the P3.anssi:~g
Commission.
The SuOdiv;si.an Committee and ^ti-e Plenning Commission recosrsrtencl
approval of the tentative mav, subject to the foilo*~irtg conditions;
•l. Provide traversable aCOeS9, and obtain eneznachment puts.
2. Submit drainage plane to the Dept. of Public ifiorks and the•'Hsalth
Dept. for approval, and install, required facilities.
3. Indicate a 50 ft. buildixcg setbac]: from the centerline of Humbug
Road.
4. shgw azs area to the gear of each parcel designated fvr we 11 instaZla-~
tion satisfactory to the Health Department.
5. Indicate a 100 ft. septic tank free setback from said arses.
~o~A: This area is currently in hAa~cinc~ for. rezoning arid-is `propose~~-`~
fot ~.-5. .
A Negati-ve Aeclraratica Itegaxding Environmental Impact was filed with
the County Cleik on Dec9mber 22, 1975. .
Gi~sing, (tpen LaJ-d ~ . _.
~.--5 ac/au
The General Flan indicates ttva categories of open 3nace in non-urban
.areass 1} multiple use open space and 2) pex*.nanent open space. t7ithin
the multials use open space} 3.and in which floe slope is gan+~raliy less
than 258s but which are not covered frith valuaiale stands of tiir~ber, the
General Plan etatPS that there is not expected to be any sabstanti8i
demand for urbanization of this lend due to its location. [Tees for
~mh?eh it may be su3fable include, taut ors not limited to:
•t4at~rshed t+lineral Extraction
'Erosion aartml Golf courses .
Griid3.ifW habitat Private osEtdoor recreation
.G?~azinq Riding stables
;9.'~e crops FXaat nurseries .
'•T'~.e1d c~.~ops Flood Control
•Scsr_ic easements Green belts
.Zoned A-;~ Anthony soleaski, AP 36-~14~25, 4 lots, south of -.
G.P. 1-4 du/r~c U1iva Ave., east o£ t9t. 'Ida Road, vxov!ll:e.
Engineer: Y.endall Engineering
.Pursuant to the req+,airaments of Section 20.3 of the Hutto County Code,
the tentative Qazcel~map of the above identified property has been re-
viewed~by the Butte County Subdivision Committee and the Flaaring _ _
Caznmissioa. ,. _ ._.__ .- .Page 74. ~ - .
• January 27, 1976
~"`'~ ~'
CCCCC -~~S C~.mCr, C.~C ~-L~bLl!QCC CCC~~C C C~ f.~L T.GCIC C
Thp 6ubdivision. Casmaittee essd the Planseinq Commission recommen8
approval of the tentative map, subject to 'the following conditi.ans:
i. Erpaad the area of Lot 1 so that it contains 5 acres, exclusive
of easements.
2. Verify legal access.
3. Pxonide traversai~Ie scc$ss.
4. Indicate t3 SO ft. building setback from the centerline of the
ea6em?:Tt.
5. ProvJ.rlc a read tnaintsnanee agrmement.
' 6. Proof of~ water or place the statement on the map as''regvirec~ by -'~~
t`~e prdinanca .
A Negative peclaration Regarding Enviranmenta~. TmgaCt was filed eni.th
the County Clerk on December 22, ~.9T5. _
~yaned A-2 ritaxine Connell, AP 51-02-51, 4 lots, east of
G.P. 1-5 ec/du Humbug Raa3, adjacent to Dutte Creek. Enginser:
t?cCain ~lssaciates
Pursuant to the reQUiremen}s of 5ec~t.on 20.3 of tYte Butte Countjr Code,
the tentative parcel map of the above ider_t_f:.ad property has been xe-
~rieaed .rl the suttp Goi:nty Subdiv~.sion Coccmit~e an~3 thA Planning
Ga;.se2.a sion .
The Sub8lvision CommittAe and the Planning Comcaission r~commsa3
approval of the tentative map, subject to the following conditions:
1. Verify legal parcel.
2, verify legal access.
9. Provide traversable access to AS8 LDl standards.
4. Provide a road maintenance agreement.
S. ProvJ.de e. 60 ft. non-exclusive Easement statement.
5. Indicate a 50 ft. building setbac}: fr ,~ the centerline of the
access easement and the easement through tn.e property.
- 7. 5lia~•~ a 100 ft. septic tank free set,.bac}: from the high water line
of Hutte Creek: - ` . ° .~ _'_"-"~"""
Mote : mhis azea is being 'pxapasecl for re~oxtireg to "A-5" (Agricultural; .
A P7egetive Declaration Rpc~arding Enviranmentat Impact was filed with
tine Coun~Ey Clerk on becember 29, 1975.
Grazing Open Land - -
5.-5 ac/du ~~
Page 75.
January 27, 197b
r~
~'.
T'ne General Plan •incicates two cate•gor~.as of open space in nay-urban
ar°as: J.? multiple use open space and 2) peam~••u:ent open space.
Within the multiple use open space:, lan~4 in which the slaps ~.s generally
.leas ~a~ 25~ but which are rot covered with vCilutzble BtandB of timbeS,
tine General Plar- states that there is not expmcte8 to be any substan-
•tinl demand fox urbsnizatio~x af_ th~.a lapel duo to fts location. uses
for whicla it may be suitable include, but are not limited to:
Tr;atershed rf3neral sr_:ractian
erosion control Golf course3
~1i2dlife h.~iwa} Private outdoor zecveation
t~,~zing ~rl3ng stables
Tree croga Plant nuscae~xies
'L,,,i6ld crops T'lood contr~al
Scenic egset~snts Green belts
zoned A-2 Ltd. fiYoyd N. "rJxirht, ~n 50-04-62, 3 lots, west sills
s.P. 1-4 rlt7,f&C of Hertz-h7agalia I3tLy., across fSi3iS1 Ara.~sy Ct.,
Perad? ae . Surveyoz: John i~l. Flamuy .
pursuant to the xe~~~airemnnts of Sect~.ar. 2D .3 of the Hutw Cflianti Cede,
t_ha taa~-ative parcel map of the above iden'~ified property h~ been xb-
vieraad by :lie Butte County Subdivision Carunittes anc3 the Pla*sni~tg
GC~.iss ion .
T'ae 5ubai.vision Committee and the P3^nning CGmsriss3.on reco:amatzd
~.ppro~ral of~ the ter:tative map, subject to the following con@itions:
1. Show a 54 ft. septic tan'c free setback f~ccm tine drainage s~del-
en the hest end of Parcel 1.
x. Prow.de traversable access, and obtain encroachment permits.
3. No fuz-t.hes division until fi0 ft. of access has been provided to
3.'aiael 1.
~. PEOVide a 4d ft. non-e :elusive easem4nt from PQntz-nlagslia FI4~y.
to the Crest line of Parcel. Z. .
5. Deed to the County of Sutte.~0 ft. rightrof-way fxom the center-
line ai Pentz~I+lagalia Hwy . • --- - -~ _.. _ _ _---.-.._.-~_
6. Srbmit a drainage plan to ttae Dept. of Pvnlie S4orks for approval _
and install regc~.raa facilities.
?. Ind;:.c3tA a SS ft. bttild3.nc~ ma~..back from the centerline of Pentz-
MagaZia 3Kwy. and a 20 ft, bua.3ding setback off ~e so~rth 3.ine of
thm ~Q ft. easement.
riots: Tree ~xea,;~•ritI3in the building setback lin° an the acrtherly •
•t;;r1s of, Pascal 2 2s se:~~le• fox the insta3.latian of sept;.c tanY;
syr~tems .
A Negative DecZarRtion R;garding E.nvfranmentsl. I:tiaact teas flied with
Cllr Co.u2ty Clerk On December ZS, l9?5.
Page 76.
Jarwary 27, 1476
n ~
--- _____ _ _= JanuarY,27~1976 _ _________ __ ______
76-135 TENTATIVE SUBD1Vl510N MAP RECOMMENDED FOR APPROVAL (MUNJAR ACRES)
APPROVED: ADOPT RESOLUTION 76-16 RJ:~RR1151G MATTER TO LAFCO FOR
CONSIDERATION AS'SERVICE AREAS
enter re-su iv s on map r Munjar Acres Subdivision discussed.
• again.
Bob Paulus, Fire Ranger, stated they had look at the area/ They feel
rather strongly that it might be well ro go into a service area to provide water for
fire protection. If the service area was Formed, they would have no problem with
future development in the area. A large storage tank, or tanks, could be placed to
hold The necessary water for fire protection.
Suggestion of a service area discussed. It was suggested that this be
a condition placed on the proposed map. The entire area should ba_blanketed
into the service area. This would be an area of approximately 8~quare miles.
It was felt this would be an economical solution to the land owners. The Tanks
for storage of this water would be about IO,000 gallons in size. Mr. Paulus could
provide the Board with an estimate of what this would cost. This service area
would be for the Meridian-Munjar, Keefer Road area.
Cavnty Counsel said that if he was supp#ied with the legal description
of the area he would prepare the necessary resolution to send this,to.L~1FC0.
Proposed service area discussed. A hearing would have to be held to
determine the feeling of the people.
On motion of Supervisor Madigan, seconded 6y Supervisor Richter and
unanimously carried, Resolution 76-I6 referring the Munjar, Meridian, Keefer
area to LAFCO for consideration as a County Service Area was adopted and
the Chairman authorized to sign.
On motion of Supervisor Madigan, seconded by Supervisor Richter and
unanimously carried, the Munjar Acres Subdivision tentative map, 7 lots, north of Munjar
Road, 3/4 mile east of Meriden Road, Chico, was approved, with the conditions,
with the change to Condition No. 5, changing the 45,000 gallon tank to a 10,000
gallon tank, with the finding that it is consistent with the Butte County General
Plan and that a negative declaration has been Fled with the County Cleric.
Cal Bachman spoke concerning the installation of the water tank.
Mr. Paulus stated that the water tanks would have to be accessible to the
fire engines. Easement for the water tanks would be included within the
five acre parcels.
76-136 ADOPT RESOLUT10N5 76-14 8~ 76:x,5; ABANDONMENT OF EASEMENTS
AND SETTING HEARING DATE5
n motion o perv~sor Killop, seconded by Supervisor Ladd and
unanimously carried, the following resolutions were adopted and the Chairman
authorized to sign:
Resolution 76-14, giving notice of intention to abandon public utility
easement (Eden Roc Subdivision)
Resolution 76-I5, giving notice of intention to abandon public utility
easement (Pinecrest Subd#vision)
Page 77.
January 27, 1976
~ ~.
=~ ~~~ ~~esaaa=Ceaoe ~Cgnl'~~,._.~~1.~2c~~~ =- ~~ ~~_ ~ ~_ e
76-137 DISCUSSION: INCREASE IN STAFF AT JUVENI[.E HALL
A salary ordinance has been prepared to increase staff at the Juvenile Hall
by four additional group supervisor positions as discussed by this Boarcl last week.
Roan Nissen, Chief Probation Officer, was present to discuss this matter with the
Board.
Staffing discussed. Chairman Cameron asked if there was any other area
that would have to be looked a! for additional staffing. Mr. Nissan said there was
none that he knew of, except maybe the receptionist, At this point in time, the
receptionist position wilt be manned at 8:30 a.m. to 5;00 p.m. by a CETA girl.
This position might hak~e:to be staffed on weekends by extra help.
There will be other matters that will have to be before the Board; there is some
added equipment that will have to be considered.
These four positions were an oversight. Problem of this additional personnel
discussed. Possible solutions to the problem set out and discussed. Mr, Nissen
stated fhat there are boys in one unit and guts in the other unit.
It was felt that the Board should work to see if there Is something that could
be done to help this situation.
Nr. Nissen stated that no mistake had been made. He needs to have that unit
manned.
Supervisor Richter said he was concerned•wlth this credibility gap. He
had requested an estimate of costs; now befon; the building is done, there is an
additiona[ $50,000 needed. Now the Board is going fn have to fund this facility
with funds that they do not have.
Chairman Cameron said he had had rro idea that these kind of additional
costs were going to be needed. Supervisor Ladd said he did not blame the department.
The County should try to work out something if possible. It is n serious problem.
Nr. Nissen explained that this is more than a monitoring area. The clothing
storage is down there; the showers in.that sectaon.
Supervisor McKillop suggested that maybe the whole operation should be
looked at and maybe staff could be cut down elsewhere to staff this unit. The
savings wilt have to be in the department.
Chairman Cameron said he hoped that Mr. Nissen and his people will
take this back and look at it and see if maybe if staff could 6e found elsewhere.
Mr. Nickelson said he vwuld work with Mr. Nissen and his people and see if they can come up
come up with a table of operation•ao_the facility e'en be operated with the staff
allocated. •__
Supervisor Richter said that it might be advisable to get an evaluation from a
treatment facility arxt could direct Nr. Nickelson to contact them and bring back
a recommendation. He could ask the American Justine Institute to come up and make
a evaluation of the proposal for Juvenile Hall Facility.
Page 78.
January 27, 1976
~.
January_?], 1976
.~.. CST„ C:.. ... C=C.... ~.- _ -.. C C ~ C.C C ~.... .., ~ ~..'~... G.. .
It was moved by Supervisor Richter, seconded by Supervisor Madigan and
unanimously carried that Mr. Nickelson ask the American Justice Institute to
come up and make an evaluation of the proposal for Juvenile Hall Facility, if it
is afi no cost to the County.
76-138 OROVILLE LIBRARY LANDSCAPING -INSPECTION: TAKEN OFF AT THIS TUNE
T e Orovi a Li rary scaping inspections was to en o t e age a
for the present time.
76-139 APPROVE BUTTE COUNTY UNDERGROUND UTILITY ALLOCATIO N
Butte County, un ergroun .ut tty a scat on iscusse .. Supervisor
Richter requested a list of the projects that have been completed to this time,
setting out the location. Mr. Castleberry. will compile this information for
Supervisor Richter.
On motion of Supervisor Madigan, seconded by Supervisor McKillop and
carried, the Board authorized Oroville to use County's allocation through
1977 for underground district on Olive Highway between Oroville Dam Boulevard and
Central Avenue by resolution.
ABSTAINING: Supervisor Ladd
76-140 ADOPT RESOLUTION 76-17 CONBEMNATION OROVILLE-QUINCY HIGHWAY (BOE
On motion o Supervrs~ or Rs~ster, sewn ec~Tc by Supervisor Ki op and
carried, Resolution 76-17 condemnation Oroville-Quincy Highway (Boehm property
0.648 acre, resubmission) was adopted and the Chairman was authorized to sign.
ABSTAINING: Superv?sor Ladd
76-141 PUBLIC WORKS 1TEM5 APPROVED
On motion o Supervisor Madigan, seconded by Supervisor Richter and
carried, the following action was taken:
1. Accepted improvements, authorized release of performance and lol~or-materials
bonds, and commence the oneyear maintenance period for Rancho Madera Subdivision
(10 lots west of the Esplanade, north of Shasta Avenue),
2. Approved the following agreement for sale, right of way acquisition,
North Durham Overhead @ Midway, authorized Chairman to sign and authorized
Auditor to issue warrant upon demand of County's escrow agent:
Moline et al 0.42 acres x2,100 Damage $3,000 Total X5,100
3. Autha~ized Chairman to sign covenant relative bo EDA Project D7-D[-0I55D
Industrial Access Road.
AYESs Supervisors A~1adIgan~.,111GaTrcf,:.csid;Rt-ehter
NOES: Chairman Ccmeron
ABSTAINING: Supervisor Ladd
76-142 APPROVE PROJECT MINOR CHANGES EXTENSIONS FUND TRANSFERS
On motron o Supervisor Ric ter, seco e y upervisor igan an
carried, the Board supported the following projects:~.
Page 79.
January 27, 1976
~"* ~;
~~~=~,c s ~ ~ ~Q e__Janue~Y~Z,J~~w ~~ ~__ ~~ ~_~~,c,~ ~~
8. ~gde 1?.oad (.'~` mile 7 000) & Laub R„~,ad (0.~ mile X3.000)
authorize oil and chip by Gounty crews and transfer of 10,000
from Fruitvale Avenue WO 5151+. Completed project.
b. BieEe-West Gri a an v3n~ over) (budeeted). Authorize transfer
of ~1D,OOD from WO $Dlb to WO 8017 for extension and cooperative
project bid with City of Gridley.
c. Ebans-Reimer ~ to Dewsnu , budgeted for contract ~ season.
Authorize transfer 10,000 from WO 8016 Oregon and Randolph to
WO 80?J,.for oil and chip extension by County crews to Block Ave.
d. Nord Hi hw -°,~P tracks to Folsom Street (0.~, mile currently
bud etc Authorize oonstruation by County orews.
e. Mori Ian ~ - R 2 to Keane (bu eted). Authorize extension
of work southerly to Sacrewento Avenue - no additions) funds.
Authorize construction and ail and chips by County forces.
f. Vilas Road (0.~ mile--_budseted). Authorize construction by
County forces in conjunction with Cohasset Project one mile
above school.
g. Cohasset Road (left-over fund Cohasset Lower end to upper ro ect).
Authorize transfer balance Gf0 1841 to 1847.
h. Oak Avenue (0.~ mile}, Minor widening 5R32 westerly. Authorize
project by Covnty subject to R.O.W. acquisition. Transfer
$2,800 from WO 5156 and 2,200 from WO 5161.
i. Oraville- uinc (budgeted). Contract project Harts Mi.l1 to Berry'
Creek School. Transfer balance WD 8004 (8,800) to WO 8013.
Balance WO 5142 13,700) to WO 1861, same project, and WO 5134
X13,$90 to WO 1$61. Authorize County crews to construct
retaining wall and culvert extension for project,
j, Revierview Terrace Drive. Authorize County crews to widen six
feet of one-wsy street. Transfer funds from Fifth Street
WO 5141 X9,000. Fifth will be rebudgeted after Thermalito sewers
are completed.
k. Davton Road realignment (in lieu of railroad grade separation},
Authorize support of city application to PUC for cooperative
city-county project.
76-t43 INFORMATION $ DISCU5SION ITEMS: OROVIi.I.E QUINC +IIGNWAY AGREEMENT
FOR SALE BERRY CREEK SCHOO! DISTRICT ETC.
a. sport on seater app cation appeal. Mr. Castleberry reported that
Supervisor Richter had met with Scott Tandx and himself and they have indicated
they would re-consider the application. Mr. Mickelson`s staff has been giving some backup
information. The amount for office space will be raised. Supervisor Richter felt ,
they would be giving some additional footage.. Steve Musseiman coiled all over the '
state and received figures from X55 to $60 per square foot for.office space. Matter
discussed; Mr. Castleberry received the Board's blessing to go back and hit them
for the additional amount for office space.
Oroville-Quincy High~uvay agreement for sale Berry Creek School District
P~#e 80. January 27, 1976
~`
f,`
=.-:eaa..,._..-.~c^~~Q~~~L~~axaa aoa as v as o o aaa c
discussed.. Mr. Castlebeny stated that the School District will give the new
right-ofwray j this right-of-way has been negotiated for by Pubtic Works and
they recommend Board approval.
On motion of Supervisor_I~[cIG11op, seconded by Supervisor Richter and
carried, the Oroville-Quincy Highway agreement for sale with Berry Creek School
District was approved, with a commitment up to $7,000.
ABSTAINING: Supervisor Ladd
c. Synopsis of Reclamation District 2106 drainage plans. Mr. Castleberry
reported on this matter. He suggested that the Board decline approval at this time,
but use the plan as a guide. Suggestion discussed. Mr. Castleberry will convey
to them the Board's feeling in this matter.
76-144~GRANT DISCHARGE OF ACCOUNTABILITY ON UNSECURED TAXES &
PENALTIES-TREASURER TAX COLLECTOR
On motion o upervisor ,seconded by Supervisor McKillop and
unanimously carried, discharge of accountability on unsecured taxes and
penalties listed below was granted to the Treasurer-Tax Collector;
Fiscal Year Tax Penal
T~3b~i'-"- $ 4778
1967-68 I,{89,27 79.47
1968-69 3,271.241 253.00
1969 70 4,147.46 266.50
1970-71 846.54 56.05
1971-72 1,200.69 74.92
1972-73 828.59 49.60
76-145 APPROVE RENEWAL Oi= VARIANCES UNDER SECTIONS 19-10 and 19-12 of CODE
On motion o pernsor , setae y upervisor igan an
unanimously carried, the following renewals of variances under Sections 14-10
and 19-12 of the Butte County Code was approved:
Kent A. Murphy 6290 Carmel Avenue, Oroville AP 36-30-I Zoning is ARMH
76-146 APPROVE APPOINTMENTS TO SUBSTANCE ABUSE ADVISORY COMMITTEE
On motion ofdupervisor Richter,. seconded try Supervisor Madigan and
unanimously carried, appointments to Substance Abuse Advisory Committee
were approved as listed below, and policy of the Committee reporting directly
to Board of Supervisors rather than acting as.a subs~mmittee #o the Mental Health
Advisory Board, expiration date to be alphabetically:
The combined Board of Alcohol Advisory Board and Techical
Advisory Gomrnittee an Drug Abuse.
Five members terms would expire July I, 1979, five would have teens expiring
July I, 1977 and the other ~~ wo~i1B'liave terms expiring July I, 1978.
76-147 SPECIAL 'TONE SHOT"SERVICES FOR OTHER GOVERNMENTAL AGENCIES:
APPROVED POLICY
Occasions y the Data Processing Department receives requests for
'bee shot"services. Currently they hwe received a request for the key punch
services of this type from the U. S. Forest Service. They present this for Board
Page 81. January 27,1976
~,, ~y,
.~C~C~ ~~~~.C. ~~ C~~u~4~.`/~16~Y .~.. ^... .~.. r,.7C-. .~.. 6Cf..®ss cr ~e t..6 r.
consideration.
On motion of Supervisor Madigan, seconded by Supervisor Richter and
unanimously carried, the Board approved the special 'bne shot"services for other
governmental agencies as requested by Data Processing.
76-148 AMENDMENTS TO LICENSES ORDINANCE-IDENTIFICATION CARDS
WAIVE FIRST READING OF THE ORDINANCE
an ac stoc , ounty ounce ,reported on the amendments to licenses
ordinance relating to granting of licences and identification cards. Under this
amendment, the fee will be raised from $2.50 to $5.00, to cover the cost of printing
the identification card.
Mr. Blackstock set out the other sections of the Iicencing orclinonces.
It was suggested That a committee of the Treasurer, someone from the Administration
Office, Planning Department and the Sheriff's Office be appointed to meet and bring
back a proposal for the rewvriting of the other licensing ordinances. The present
amendment relates only to the fee.
On motion of Supervisor Ladd, seconded by Supervisor Richter and
unanimOnsly~carri~ed, the first reading of the ordinance amending the licenses orclinance
was waived,
76-149 DISCUSSION ORDINANCE Ri: DANGEROUS ANIMALS
Propo o inance rega ing angerous animas iscussed. Question asked
as to who would administer this orclioance. It was felt it should be the Sheriff;
also suggested that a fee of $15.00 be inserted within the orclinance. County Counsel
was requested to get copies of such ordinances From the other counties. No action
taken at this time.
76-150 INFORMATION ITEMS
County Covnse reports that afull-blown settlement conference was held last
Friday. There is a proposed settlement agreement being considered. This will be
submitted to the Board for approval when details have been worked out.
Mr. Blackstock stated that after some three-years,-they have put together a
proposed codification fur zo Wing oRiinances. Copies of thts will be_mail,~d.to the
Board members. Changes explained by County Counsel.
Mr. Blackstock said the Board should also review the subdivision ordinance.
Mr. Castleberry should present his proposal and the Board could then take it from thee.
Chairman Cameron questioned Mr. Blackstock about the action taken when dogs
have been picked up. Ne asked if anyone had notified the courts. Mr. 8lackstock
wail advise the Courts of the changes.
76-151 APPROVE APPOINTMENT TO VACANCY ON THE PARADISE ME
~n moron or auperv~sor Mcf;~nop, seconaea py supervisor Madigan and
unanimously carried, Glen Davis, 35 Holmwood Drive, Magalia, was appointed to
fi fl the vacancy on the Paradise Memorial Ha11 Committee.
76-152 CHARTER AMENDMENT PROPOSAL RE STRIKING AND PICKETING: PUT OVER
t t request o pervrsor igan, t o iscussion on t e c arter amen ment proposal
relating to striking and picketing was taken off the agenda at this time. A committee of
a member of the Board, Mr. Rackerby and Mr. Blackstock will go aver this proposal .
76-153 APPROVE AGREEMENT WITH SHASTA COUNTY FOR PRISONER CARE
C i c e son, mrnratratwe icer, report on t e agreement with Shasta
County for prisoner care. Butte County Auditor has been working with Shasta County
Auditor on this. Shasta County wants to pay only $13,00; Mr. Lawrence has arrived
at a figure of $14.50 per day. They have finally agreed on a figure of X13.50 per day,
for II or 12 prisoners per day, with an adjustment to be made at the eqd of the year.
Page 82. January 2T, [976
f'~
~;
~a aas.osa cpo c e.Innuisr~27,~~97~= a c ~vaa~ v... c ~ ~« .,,tic
Agreement discussed. It was fe{t that the agreement could be approved for
the $13.50 per day, with an audit at the end of aix months.
It was suggested that the agreement with Piumas County also be changed .
On motion of Supervisor Richter, seconded by Supervisor Madigan Arid
unanimously carried, the Board authorised the agreement with Shasta County for
prisoner care of the rate of X13.50 per day, to be evaluated at the end of every
six months, and the Chairman was wtharize d to sign.
On motion of Supervisor Richter, seconded by Supervisor McKillop and
unanimously carried, the Administrative Officer was authorized to renegotiate with
Piumas County for an agreement for the care of prisoners based on the Shasta County
agreement.
ADJOURNMENT:
f ere eing nothing further before the Board at this time, the meeting was
adiovmed at 5:35 p.m. to reconvene on Tuesday, February 3, 1475 at 9:00 a.m.
ATTEST: CLARK A. NELSON, COUNTYr:C¢.ERK
~ ~~~
a rman o t ~e oa
By:
a o Superv G e
Page 63.
January ?7, 1976