HomeMy WebLinkAboutM012875
January 28, 1975
STATE OP CALIFORNIA }
} SS.
COUNTY OF BUFTE )
The Board of Supervisors met at 9:00 a.m. pursuant to adjournment.
Present: Supervisors Cameron, Madigan, McKillop, Richter and Chairman Ladd.
Clif Nickelson, Administrative Officer, Dan Blackstock, County Counsel, and
Clark A. Nelson, County ~ler:k, by Margie Catt, Board of Supervisors Clerk.
Pledge of allegiance to the Flag of the United States of America
75-117 APPROVAL OF MINUTES
On motion of Supervisor McKillop, seconded by Supervisor Madigan and
unanimously carried, the minutes of January 21, 1975 were approved as mailed
with the change on Page 50 to change conditions 12 and l3 as follows:
I2. The Subdivider execute an agreement with the City of Chico to provide
sanitary sewer aoneection to all lots within the subdivision.
13. The Subdivider execute an Annexation Petition to the City, prior to sale
for ell lots within the subdivision.
75-116 COMMUNICATIOt3S
Paradise High School. Doreen Worthington and Lori Mcintosh send letter of
~ $ ~,O d conce~- about seed for street lights in Paradise. Referred to Clay
Castleberry; he and Supervisor Cameron will discuss matter with School.
Paradise Unified School District. Superintendent Even requests waiver of
~D D.O p ordinance requirements for curbs, sidewalks and gutters in frost
of the sew Ponderosa Elementary School on Pentz-Magalla Highway.
Request discussed; see motion following communications.
State Department of Water Resources. Sends response to County's request
tf //, Q t~ €or reduction in annual entitlements. Discussed. Referred Yo
Co. Auditor, County Counsel and George.Stamm for study and report back.
Law Offices of Jordan N. Peckham, Mr. Peckham Files claim against Region C
Criminal Justice Planning Board and agencies participating in the
,G 4+ Regional Criminal Justice Planning Board for the alleged false
~ D 0• arrest and imprisonment of Knute Helmut Alimendinger. Claim is in
the amount of $1,350,000.00. See motian following communications.
Appeal an use permit. The legal firm for the Luhr Brothers, xnc. appeal
jj 3,0 D Planning Commission's denial for use permit on Parcel AP 47-23-36.
Set for hearing on February 25th, 1975 at 2:00 p.m.
Request for interim zone. James and Nancy Barnes, Oroville, request interim
~ 3 ~p p zoaiag on all A-2 areas in Thermalito far control of mobile homes.
Mr. Lawson to pxesent map of area; to ba placed on agenda next week.
Appeal of conditions on parcel map. John B.~Payne requests hearing appealing
~ .~ g~ Planning Commission's conditions on parcel map for property is
Cohasset, Mr. Lawson to notify this man that this will be on Board
agenda next week and he can tell Board of changes that he desires.
Negative environmental impact statement. Butte County Planning Commission
a Q O Files negative statement on proposed formation of Service Area
7 3 No. 53. Magalis-DeSabla fire protection. Information only.
Request for re£uad of fee. Ronald M. Nelson requests refund of $25 paid for a
~/ 3 ,p d requested two-lot land division near Gridley. See motion following
communications. Mr. Lawson & County Counsel to review matter.
Butte County Local Agency Formation Commission sends official notice of public
hearing to be held on February 6 for the formation of Service Area
-73 Q,D 0 No. 52 (water service in Cherokee area) and Service Area No. 4
annexation to Sierra Del Oro (drainage of two parcels.). ;reformation
only. Page 52.
January 28, 1975
Janu~aryr28, 1975
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City of Chico. Acknowledges County Administrative Officer's letter regarding
the Board's approval of the City's application to extend the 'ad.rport
4 runway clear zones. Read and discussed. Felt thaC if there is to
~ 4'~ be participation there should be some control and management of iC.
Chairman Ladd appointed a committee of Supervisors Madigan and
McKillop to sit with the Airport Commission to discuss this matter.
City of Chico. The City Council voted to withdraw their appeal an the decision
r? f0 •a ~ TransportationyFundscforithe currenttt£iscalfyea=lloc~aad~ndfdiscussed.
Supervisor Richter stated he was heartened by such action.
City of Chico. lfiey enclose a certified copy of Resolution urging the Board
J of Supervisors of County of Butte to hold meetings on a regular basis
0 0.~ in Chico. Read and discussed. Chairman Ladd felt it would be
impractical to hold meetings in Chico; it would be too costly.
Too many people would have to work on an over-time basis. Supervisor
Gameron said he had no objections to holding meetings in Chico but
it should be oa planning or soning matters that would affect Chico.
Supervisor Richter felt there would be many benefits gained by
holding meetings in the Chico area. Supervisor McKillop felt that
the administrative type subjects should take place in the Oroville
area at the Say meetings. but that the planning and zoning issues could
be discussed at night in Chico. Chairman Ladd said he would have no
objections to having night meetings in Chico for zoning matters.
These could be recessed meetings; no action would be taken at the
meetings held outside of the Board room. No action taken at this time.
Raymond B. Velliquette, General Partner-Hupp Ranch Land Company. Thep appeal
Planning Commission determination that a draft Environmental Impact
~/ 3 •~ ~ ReporC be filed on the subject property. Hearing set for
February 11, 1975 at 2:00 p.m.
Petition for variance for mobile home. Norman Jensen. Set for hearing on
//3,bZ February 11, 1975.
Goldstein, Barcelona ~ Goldstein by Keith S. Humpherys. Copy of Stop Notice
~ O .~' ~ ~ on behalf of Artic Aire of Chico-additions to Biggs School. Referred
Co Auditor.
75-119 WAIVE REQUIREt~NTS FOR CURBS, SIDEWALIC.S & GUTTERS, PARADISE UNIFIED SCHOOL
DISTRICT
On motion of Supervisor Cameron, seconded by Supervisor McKLllop
and unanimously carried, the Hoard concurred with the request of Paradise
Unified School Aistrict and approved the w$iving of the requirement of
providing off-site improvements, i.e., curbs, gutters and sidewalks
until such time ss the Public Works Director or Board of Supervisors decide
that they axe needed and at such time as the Pentz-Magalie Highway ie
widened and curbs, gutters and sidewalks are installed, the Paradise Unified
School District is to pay its pre-rated share.
75-120 REJECT CLAIM OF KNUTE HELMUT ALLMENDTNGER
On motion of Supervisor McKillop, seconded by Supervisor Cameron
and unanimously carried, the claim of Kaute Helmut Allmendinger in the amount
of $1,350,000.00 (total claim) was rejected and referred to the County's
insurance carrier.
75-12I APPROVE__REFUND OF FEE DEPOSITED FOR PLANNING COMPIISSION REVIEW
On motion of Supervisor McKillop, secanded~by Supervisor Madigan
and unanimously carried, the request of Ronald M. Nelson for refund of the
fees deposited for planning commission review wsa approved in the amount
of $25.00.
Page 53.
January 28, 1975
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75.122 APPROVE TITLE II GRANT MODIFICATION & OPERATIONAL PIANNING GRANT N~DIFICATION
A grant modification has been prepared to deobligate LAPS funds from
sub-grantee8 and to reprogram these funds into a five-month teacher aide
program. The LAPS funds will also permit extension of PEP Section 5 jobs
through June 30, 1975.
The $15,000 Operational Planning Grant hoe ended. Thin modification
grant will permit the extension of expenditure accounts through December 31, 1975.
On motion of SupervisorMcKillop, seconded by 5upervisnr Madigan
and unanimously carried, the following action was taken:
1. Approved the grant modification, Title II, and authorized the
Chairman to sign.
2. Approved Operational Planning Grant modification extension.
75-123 COMMUNITY ACTION AGENCY GOVERNLNG BOARD: CONTRACT FOR CALENDAR YEAR 1975,
(CAICO ARFA LEGAL SERVICES, II3C.): CONTRACT FOR C.0.L3lIDAR YEAR 1975, C[iICO
NEIGHBORHOOD NRAT.TH CENTER: AND CONTRACT FOR CALENDAR YEAR 1975, CKICO COMMUNITY
DAY CARD CENTER APPROVED
Contract for calendar year 1975, to be entered into by the Butte
County Community Action Agency and the Chico Area Legal Services, Inc. explained
by Pat Barry, Director o£ EOC. Supervisor Richter asked about the basis of
eligibility for legal services. Attora,eya working under this program are full
time attorneys; he explained how these applications were screened and a decision
made as to who should receive legal services.
On motion of Supervisor Richter, seconded by Supervisor McKillop
and unanimously tarried, the contract for calendar year 1975, to be entered
into by the Butte County Community Action Agency and the Chico Area Legal
Services, Inc. was approved and the Chairman authorized to sign. Maximum
total of federal share funds to be expended under this contractual agreement
shall not exceed $29,100.
Contract for calendar year 1975 to be entered into by the Butte
County Community Action Agency and the Chico Community Day Care Center. The
contract covers the period January 1, 1975 through Deccmhex 31, 1975.
Maximum total o£ federal share funds to be expended under this contractual
agreement shall not exceed $7,173. Supervisor Cameron asked questions
concerning the monthly reports and the quarterly evaluation reports. Mr. Barre
explained the matter of the reports. The need for day care centers has been
estabiiehed. Supervisor Cameron said he hoped that the reports would be
made available to the Board members.
Oa motion of Supervisor Cameron, seconded by Supervisor Madigan
and unanimously carried, the contract for calendar gear 1975 between the Butte
County Community Action Agency and the Chico Community Day Care Center was
approved, with the addition that the quarterly evaluation reports be sent to the
Board members, and the Chairman was authorized to sign.
RECESS: 10:10
RECONVENED: 10:20
Contract for calendar year 1975, to be entered into by the Butte
County Community Action Agency and the Chico Neighborhood Health Center
was discussed at this time. The contract covers the period January 1, 1975
through December 31, 1975. Maximum total of federal share funds to be
expended under this contractual agre;ea~.emt shall not exceed $19,400.
Page 54. January 26, 1975
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Chairman Ladd stated he was sure that the Board would want to discuss this
item, but he requested that they keep the comrereation to a minimum.
Supervisor Richter asked if the Soard knew what the gross revenue of the
Center wen at the present time. Currently the auditors are auditing the
the funds for 1974. There are three sources of revenue-City of Chico, County
of Butte and Medi-Cal & Medi-Care. Supervisor Richter said he has had
conversation~vith people concerning this operation; there ie an extremely
low patient load. Supervisor Richter said he would be interested in
knowing the gross revenue for fees for service and revenue from the City of
Chico and County of Butte.
Mr. Barry explained the matter of the reimbursement for Lhe Cara
of patients. The number of patients seen at the clinic has increased since
they moved into their new facilities. The fees are based on the income of
the family. Mr, Berry invited 6apervieor Richter to go with him and visit
the centers that are being funded.
Supervisor Madigan requested that action on this matter be put over
until SuperpieorRichtex makes his inspection of the facilities. Mr. Barry
requested Board action on the contract at this time so that he can forward
the contract to San Francisco.
Contract discussed. Dr. En11~e explained hie views concerning this
contract. He said that at this time, the clinic has not been in operation long
enough to develop the statistics to esteblieh the Health needs for the County.
It was moved by Supervisor McKi.llop thin the contract be approved,
with the contingency that members from this Board visit Chia Center and
report back to the Board.
Motion discussed; motion orithdrBWn at this time.
On motion of Supervisor Cameron, seconded by Supervisor McKillop
and carried, the contract with Chico Neighborhood Health Center for calendar
year I97S was approved, with the understanding that there be a meeting to
visit the center and that Dr. Enloe and Super-rieor Richter will discuss the
matter and will report back to the Board. AYES: Supervisors Cameron, McKillop
and Chairman Ladd. NOES: Supervisors Madigan and Richter
Supervisor Richter, Supervisor Madigan (alternate), Dr. Enloe end
Mr. Barry appointed as a committee to visit the center and report back. It
will be just a visit for an evaluation of the program.
75-124 APPROVE MERIT INCREASE FOR AGRICULTURE COMMISSIONER
On motion of Supervisor Madigan, seconded by Supervisor Cameron
and unanimously carried, merit increase for Agriculture Commissioner was
approved.
75-125 ADOPT ORDINANCE 15k2 AMENDING SALARY ORDINANCE
On motion of Supervisor Cameron, seconded by Supervisor McE311op
and unanimously carried, second reading of the amendment Co the salary
ordinance was waived, Ordinance 1542 amending salary ordinance was adopted
and the Chairman was authorized to sign.
75-126 DISCIISSION: DEFERRED COMPENSATION PIAN
6 memorandum of understanding has been reached with the Employees
Association requesting establishment of anon-exclusive multi-investment
deferred compensation program for all county employees. Hr. Nickelson
explained the proposal, Thie will be a non-exclusive Cype program.
Rlanned Equity Corporation is the group that ie sponsoring this income
i~-veatment plan.
Page 55.
January 2$, 1975
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Mr. Reckerby explained the computer service and how it works.
Chairman Ladd stated that the County would not endorse any plan. (airman
Ladd questioned the management of this plan, It was stated that the
employee would have Co pay the cost for the management of this plan.
Supervisor McRillop acid he would like more information on the
Computer Service Coxporatian.
Mr. Bob Jones, Employee's Association Manager, explained the reason
for entering into the memo of .understanding. They do want all the employees
to be able to benefit from this plan.
Matter put over one week so more information on the plan could
be obtained. The Board said they did concur with the concept that the employees
could have these deduc_ions made. No action taken at this time.
75-127 PRESENTATION OF 20 YEAR SERVICE AWARDS
Chairman Ladd made the presentation of 20 year service awards to
the following:
Mildred Lane
Lauzel Wells
Harry Bush
hntoaio Calarco
Greadon Kellogg
Adoph (George) Stamm
75-128 APPROVE PETITION FOR VARIANCE FOR PLACF.hIENT OF MOBILE HOME-MORRIS HANGOGK
The public hearing on the petition for variance for placement of
mobile home for Morris Hancock, 2169 6th Street, Oroville, was held as
advertised. Howard Toussaint, County Sanitarian, set out the background of
the request.
Hearing opened to the public. Appearing: no one. Hearing
closed to the public and confined to the Board for action.
On motion of Supervisor Rfchter, seconded by Supervisor Cameron
and unanimously carried, Che petition for variance for placement of mobile home
as requested by Morris Hancock, 2169 6th Street, Oroville, was approved for
a period of one year,
75-1 9 APPROVE PETITION FOR VARIANCE FOR PLACEMENT OF MOBILE HOME-KENT A METRPHY
The public hearing on the petition for variance for placement of
mobile home by Rent A. Murphy, b290 Carmel Ave., Oroville was held at this
time as advertised. Howard Toussaint, County Sanitarian, set out the background
of this request. Hearing opened to the public.
Appearing: no one. Hearing closed to the public and coafiaed to
the Board for action.
On motion of Supervisor Cameron, seconded by 5upervieor Madigan
and unanimously carried, the renewal of the application for variance to place
a mobile home on property owned by Kent A, Murphy, 6290 Carmel Ave., Oroville,
was renewed fcr a one year period of time.
75-130 APPEARANCE: JAMES HANSfA~,OROVILLE
lames Hanson, Oroville, spoke concerning SB 10, which concerns
mining. Mr. Hanson said he also represents the Butte County Mining Council.
Mr. Hanson precasted a copy of the 8111 for the Board's information.
Bill discussed; no action taken.
Page 56.
Jaanary 2s, 1975
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75-131 APPEARANCE: JANE DOLAN, CHICO
Jane Dolan, Chico, read a written statement concerning the statements
made by Supervisor Richter last week. She responded to the statements made
about CAVE. She set out the services provided by this organization,
The funds are anditea yearly; no irregularities have been found in this
organization. Miss Dolan requested that the ells&atior.s :ands against CAVE
be withdrawn or substantiated.
75-132 APPEARANCE: CLAUDE WILLIS, FOREST RANCH.
Claude Willis, Forest Ranch, stated he was chairman of the committee
formed to study Caning in the Forest Ranch area. They have found that in
doing this work they find it is necessary that they ~o research before they
form any conclusions.
8e stated that they have a man in the neighborhood that has
devastated four parcels of land, When he ie completed with the parcels,
there is not even a blade of grass left oa them. Mr.Willis explained the
problem of the land in this area. The Committee hoe requested that in order
to combat this man they would Iike to have Che County put on soave type
interim zoning on the property in the area. He requested that the Boa d enact
emergency zoning at this time.
Request discussed. Matter referred to Planning Director for his
consideration and recommendation later in the meeting.
75-133 APPEARANCE: MR, _0_RRIN STRATTON. CHICO
Mr, Orrin Stratton, Chico, questioned the Board concerning the proposed
employees deferred compensation plan. He asked abouC the necessity and
propriety of the County getting into the banking bueineac. He requested
that the matter be studied throughly.
He also spoke concerning the Social agencies that are funded with
public funds. He requested that the programs be studied, end if funded,
they should be reviewed frequently.
75-134 CONTINUATION OF DISCUSSION OF ZONING FOR FOREST RANCH ARLA
Jim Lawson, Planning Director, explained what the people in the
Forest Ranch area were doing about possible zoning for the area. Meetings
have been held for discussion of the zoning. He explained the matter of
the commercial logging in the area. They are checking with the Aivision of
Forestry to see if this man filed a plan with the State for his logging
operation. It is possible that he is i,n violation of the law. Brian Rix,
deputy county counsel, ie looking into this matter.
Proposal of interim zoning discussed. Mr. Lawson will work with
the people is the area and will bring back a recommendation to the Board.
75-135 AUTHORIZE EXPENDITURE OF COUNTY FUNDS PENDING RECEIPT OF CCCJ APPROVAL IN
FUNDING: NARCOTICS TASK FORCE
Funds have not been received as yet from the CCCJ to continue the
operatfon of the Regional Narcotics Task Force, Larry Gillick, Sheriff, was
present to explain has request. He stated thaC the application for the funds
have been sent to the State. The Criminal Justice staff approved the
application on January 14th; the Governor's Teak Force are reviewing the
application at this time. At this time, the Regional Task Force is caught
up with thin procedure.
After January 31st, they will be using Butte County money for
this operation. The existing contrast expires on January 31st. Sheriff
Page57. January 2B, 1975
January 28, 1975
r r a r r r s¢¢ s a m c .z s¢¢ •a .e r m ~•+ r n r r¢ n r s s¢ s s a r s
Gillick requested fur_ding for this program until the application is approved
by the State.
Request discussed. Sheriff G1111ek was requesting about $4,000 or
$5,000 until the letter is received.
On motion of Supervisor McKiliop, seconded by Supervisor Cameron
and carried, advanced funding was authorized for the Narcotics Task Force
up to $4,000, and confined to the grant category allegations.
AYES: Supervisors Cameron, Madigan, McKillop and Richter
NOES: Chairman Ladd
RECESS: 12:05
RECONVENED: 1:30
75-136 APPROVB CONTRACT WITH XAMl.00PS FOR STEELHEAU TAGGING AND PLANTTNG
On motion of Supervisor McKillop, seconded by Supervisor Cameron and
unanimously carried, contracts were approved with Kamloops for ateelhead tagging
and planting on the Sacramento River iu the amount of $S00 and one for tagging
on the Feather River in the amount of $1,000. '
75-137 DISCUSSION OF HIRING AN ADDITIONAL DEPUTY TN COUNSEL'S OFFICE
AUTHORIZE PREPARATION OF ORDINANCE
Hiring of an additional deputy for County Counsel's Office to
handle school matters discussed. At the last budget hearings, this request
was put off. During the school board discussion cast week it was again
discussed. He is requesting another deputy to handle just school problems,
with maybe one of the other deputies to be used as aback-up for this work
so there would be two deputies with knowledge of school activities.
kSr. Blackstock set out the background of his request for another
d eputy. This person would be working exclusively with schools.
It was stated that the school board association would be meeting on
the 30th and they would disease the matter of a deputy county counsel to handle
their work.
Request for deputy discussed. Supervisor Cameron £elt it might be
more feasible for the person to be hired strictly for scheol work. At first
he could be backup, but it should be made known to him that he would primarily
do dust school work,
Mr. Blackstock explained how the would recruit for the new deputy.
Supervisor McKillap said he would like to see a recommendation fCOm the
school board association It was suggested that a ordinance be prepared
and presented next week for discussion.
Bill Lawrence, County Auditor, explained how the costa for
services of County Counsel's office are distributed. It is charged out at a
rate per hour to the users of his services. So~reone £ram the achoal board
association will be requested to appear next week to discuss the matter.
On motion of Supervisor Cameron, seconded by Supervisor Madigan
sad unanimously carried theBoard authorized the preparation of an ordinance
to add another person Co County Counsel's staff and that a letter be sent
to the School Board Association and to the Superintendent of Schvola Office
requesting that they have a representative present next week for discussion
of a deputy county aaunsel £or school work.
Page 58.
January 28, 1975
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75-138 AVPHORIZE PURCHASE Ok' NEW SIGNS FOR ENVIRONMENTAL HEALTH ~ PLANNING DEPT.
On motion of Supervisor Richter, seconded by Supervisor McRiilop and
unanimously carried, the Board authorized purchase of new signs for Sanitation
and Planning Departments, funds to some from the accumulated capital autley
budget.
75-139 ITEMS DECLARED SURPLUS PROPERTY
Public Works requests Purchasing Agent dispose of old house on
recently acquired Dayton Road realignment near SPRR. (Probable value zero).
Veterans Service Officer requests that obsolete Thermofax copier be declared
surplus.
On motion of Supervisor Cameron, seconded by Supervisor Madigan
and unanimously carried, the following items were declared surplus property
and Purchasing Agent Qa6 authorised to dispose of same:
1. Old house on recently acquired Dayton Road realignment near SPRR
2. Qbsolete Thermofac copier in Veterans Service Office
75-140 APPROVE CONTRACT FOR MAINTENANCE OF BUTTE COUNTY CODE BOOKS & PURCHASE OF CHAIRS
On motion of Supervisor Cameron, seconded by Supervisor Madigan and
unanimously carried, the following action was taken:
I. Approved contract for maintenance of Butte County Code books with
Municipal Code Corporation and authorized the Chairman to sign.
2. Approved the purchase of three chairs ($198) for Data Processing.
75-141 BUDGET TRAN5FERS APPROVED
On motion df Supervisor Cameron, seconded by Supervisor Madigan and
unanimously carried, the fallowing budget transfers were approved:
8-103 br •. Transfers 51,700 from re~ul.ar salaries to overtime. Mrs. Terry
has tx-o paxt~ic:e positions. One at Durham and one at P~ichvale. One person at
present is haltlirk; both positions resultir~ in a theoretical overtime, although the
eagloy-ee is not working a fui~ 37~ hour v;eek.
8.-~ Azirninistration. Transfers 52.10 frar~ equirment maintenance to rents and
leases to cover a sales tax miscalculation.
B--105 Probation. Transfers 531.80 from oft`ice expense to rents and leases for
'temporary rectal of a typesa~i,.ter due to excessive workload.
B-1Cb Big~s Justice Court. Transfers S1Q0 from office exoensa to Fmofessiana7.
s~ciai. sertriees to cater vnazcticipated court remrter costs.
B-SO Probation. Transfers $53.77 from regular salaries to equipnent to.COVer
under-budgeting for typewriters, chairs, and desks which were in the budget and
purchased.
9-110 Suu emental }ianDO:~rer Pro¢ram. Brings in $107,783 of unanticipated revenue
recording funds transferee to the County P~.P program from various seb-agents..
8-111 Public Defender. `t`ransfers $12,~j00 from reserve for contirsaeneies_to
professional and specialized services to cover defender contracts far balance of year
at new rate.
8-112 E~FCO. Transfers 54.00 frog reserve for contingencies to office expense to
cover the cost of heav,~ increase in LAFCO activities including the proposed map needed
for the Sphe2e of Influence aamial. ____ __ J
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January 2$, 1475
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J~n6ary 28, 1~7a5
B-11 Orov~l.].le Justice Court. aTransfers $21500 from jury and W=tness expense to
office expense to cover the purchase of required new civil doccets, 2nd new forms an,d
code books because of law cha-~es.
B-11ls Central SerTices. Transfers 5600 within the budget to office and equd.g¢ertt
rental to cover a.ncrease c~,nr~oad ati grant shop production of duplicating masters.
B-11 Health. Transfers 5300 fro„- 73ro£essional and
ovsehald expense for under~udgeted janitorial casts.
B-llb probation. Transfers $20 from office expense
of tie gsrchase of tWO used desks from state surplus.
9.5142 DISCU55'IOA:~VENUE SHARING ALLOCATION -FROG
There have been various ideas proposed concerning how the revenue
sharing allocation for FROG would be handled. At the present time it appears
that Che County seeds some clarification as to where they.are going so that
staff can properly follow through. Allocations discussed. Supervisor
MclCillop stated C7-at an answer has not been received Go their letter to
Department of Water Resources concerning their site. The other Bite hoe
not been looked et by the Chairman.
Matter to be placed back on the agenda for Tuesday, February 4, 1975.
75-143 PUBLIC HEARING: PETITION FOR VARIANCE TO PROVISIONS OF SECTIONS 19-10 an3/or
19-12: PLACEMENT OF MOBILE HOME FOR MARY E. FEHR
The public hearing on the petition for variance to provisions of
Sections 19-10 and/or 19-12 for placement of mobile home for Mary E. Fehr
was held ea advertised. Howard Toussaint,sanitarian, stated that this
property was on Grand Avenue in the Thermalito area. He set out the back-
ground o£ the petition.
Searing opened to the public. Appearing: no one. Hearing closed
to the public and confined to the Board for consideration.
On motion of Supervisor McKillop, seconded by Supervisor Cameron
and unanimously carried, the petition for variance to provisions of Sections
19-10 and/o~ LS-12 for the placement of mobile home on property at 1708
Grand Ave., Oroville for Mary E. Fehr for a per'.od of one year, was approved.
75-144 PUBLIC HEARING: WYNOKA HOMES, INC. REZONE FROM "A-R" (AGRICULTURAL-
RESIDENTIAL) TO "R-4"(MAXIZIUM DENSITY-RESTRICTED SERVICE) FOR PROPERTY
LOCATED $ETWEEN LA5 PLUMAS WAY & LAS PLUMAS AVENUE AT CREST RIDGE DRIVE
The public hearing on kTynoka Homes, inc. request for rezone from
"A-R" (agricultural-residential) to "R-4" (maximum density-restricted service)
for property located between Las Plumes Way and Lae Plumes Avenue at CreaC
Ridge Drive, south of Oraville, was held as advertised.' Jim Lawson, Planning
Director, set out the background of the request. Planning Commission recommended
approval of the rezoning. There are four lots involved~in this rezoning.
At the Planning Commission hearings there were ao oppana:nts to this rezoning.
At the time this was processed by the Planning Commission there was no
requirement that Planning Commission notice these people. The Board had
to notify these people under the new iaw.
Searing opened to the public.
Letters were received from the following: '
1. Mary Hoobler, with a petition signed by 24 home owners.
2. Robert and Sylvia Sowarth
3. Mr. & Mrs. John Permanor
4. Lanny anal Sandra Pixler
5. Jack and Deanna Smith
Page 60.
January 28, 1975
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January 28e 1475 m
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6. Petition signed by 57 residents of the area.
LeCters and petition all in opposition to the rezoning.
Appearing in opposition:
1. Mary Hoobler, 22 Las Plmnes Way. She set out her opposition
to the building of. an apartment in this area.
2. (axles Butterfield. He filed a copy of the petition in
opposition to this rezoning. He also expressed opposition to the building
of an apartment house in this area.
3. Mrs. Ethel Johns, Las Piumas Way. She spoke in opposition.
4. Mr. Scott Larson, Roeita Way. Be opposed the rezoning because
of the traffic problem that this would create. He does not like the
apartment life style of the people living in apartments; apartment dwellers
are treascients.
5. Mrs. Sandra Pixler, Las Plumes Way. Spoke in opposition.
6. Ma. Iauise Uret1, Las Plumes Avenue; traffic was her main concern.
7. Mrs. Joyce Permann.
8. Mrs. Cryatalynn Dowel, Rosita Way
9. Mrs. Ann Kingsford, Las Plumes Way
10. Mr. Lyle Daniels, Rosita Way
Appearing in favor:
1. Lee Colby, representing Wynoka Homes, Inc. He said he did not
know that there was going to be any opposition Co this matter. He set out the
background of the matter. What the developer is trying to do is get a
large enough parcel to put in an apartment building. There axe 29 loth that
th's developer owns that surrounds this particuiar area. They have been paying
taxes on this property since 1959 and would like to utilize the p~operty.
Theq do not have a specific plan at this time for the apartment complex. They
would like to build a 32-unit apartment.
Mr. Colby stated they were requesting a rezoring of the erect, not
a development permit at this time.
Hearing closed to the public and confined to the Board.
Chairman Ladd stated that with the opposition expressed today he
could not support this matter. The people in Che area want to retain the
family home+Cype development.
Supervisor Richter questioned Mr. Lawson about the planned use
£or this area. Mr. Lawson said the Board should not consider the development
with the rezoning request. There is only a certain amount of development
that cea go on this property. Mr. Lawson expla'.ned the density for
the area; they do not exceed 4-units per acre in this area.
It was moved by Supervisor Richter that the rEZOning request be
denied. Motion died £or lack of a second.
Supervisor McKillop said that this could be referred back to the
Planning Commission and maybe they could consider a PAC zoning. This property
is on a sanitary sewer and there is a need for rentals in the Oroville area.
He would like to see the property utilized.
Time spent discussing possible acCion t?~at could be taken at this
t~_, January 28, 1915
Page 61.
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It was moved by Supervisor McKiliop and seconded by Supervi,3or Madigan
that this rezoning heariug'be continued and'the~aaLter'be referred back to
Planning Commission for further consideration and to have the people in the
area initiate rezoning for the area.
Following a discussion of the motion, the motion was withdraszc-.
Supexisor McKillop said he would like to see the developer sad the
people !£ the area get together and attempt to came back with & recommendation
to the Board. Mr. Colby said he would like action taken today.
It was moved by Supervisor Madigan and seconded by Supervisor Cameron
that the Board sustain the position of the Planning Coaanisaion to approve tY_e
change of zoning from A-R to "R-4".
~3PS: Supervisors Cameron and Madigan
NOES: Supervisors McKillop, Richter and Chairman Ladd
MOTION FAILED
On motion of Supervisor Richter, seconded by Supervisor Ladd and
carried, the Board denied the Wynoka Homes, Tr_c. rezone request from "A-R"
to "R-4".
AYES: Supervisors McKillop, Richter and Chairman Ladd
NOES: Supervisors Cameron and Madigan
RECESS: 3:15
RECONVENED: 3:30
75-145 PUBLIC BEARING: RECLAMATION HEARING ON BUTTE BASIN-MASTER PLAN FOR FLOOD CONTROL
The public hearing on the proposed State Reclamation Board rules and
regulations for control of encroachments in Butte Basin was held at this time.
Chairman Ladd requested that the repreaentutives from the State to explain
this item.
Col. Albert McCollum, representing the State, appeared and gave the
background of the problem, which goes back almost 100 years. There have been
Various proposals for the Basin, which Col. McCollum described. They have
a plan, "Master Plan far Flood Control in Butte Basin" but that is as far
sa they have gone to date. They have had several complaints £rom people
whose neighbors have diverted the water to their pxoperty, causing it to flood.
fie explained the authorization they have to do this .type of work and the
purpose of the revised regulations.
Faul J. Flanagan appeared to discuss the proposed revi$ioas of the
Basin. He presented the Board with copies of "8ules and Regulations for
Control of Encroachments in Butte Basin." Be explained that the Butte Basin
is divided into several areas, labeled A, B, C etc, and each area has regulations
pertaining to that area. They would like to have the opportunity to review
everything Chat is done to the land in the Butte Beam to see that it doesn°t r
restrict the free flow of water or damage the works. He explained each area
and the regulations they axe proposing for the area.
Col. McCollum stressed that this is not concerning the State
constructing anything. This is to oversee the projects done by the people
in the area. Supexisor= Richter asked if these regulations would apply
retroactively. Col. McCollum stated Chat this matter has not been to the
State Reclamation Board yet and the::e is nothing definite. They are having
these meetings with the caunties ~$g~e~ive input to take to their meeting
' '. January 28, 1975
n ~
. s e .. Q u a .. v o ~J~nu~arQya28,m1975 ~. a
m q es s o: a.: s s
to be held on February 11. However, if they find that there are violations
to the revised regulations, it is possible Chat they would order correction,
and this could possibly include county roads.
Supervisor Cameron questioned Cal. McCollum regarding the time it
takes to process an application for a permit. This would depend an whether
an EIR would be required which would cause a delay. Normally, the simple
applications could be handled in 0-45 days. However, this would depend an
how complete the plans submitted were and whether they kould have to be seat
back ti the applicant for corrections. He also stated that they hope the
county would act as a lead agency in the matter of Snvironmentai Impact Reports.
Hearing opened to the public, Appearing:
Robert Benson, attorney representing Johnson's who are property
owners in the area. He questioned Col. McCollum as Co whether the Board is
trying to zone the property. Col. McCollum replied that they cannot zone
the area but they do have policing power. Mr. Beason felt this type of
regulation would be a cloud on the property. He questioned Col. McCollum
regarding a possibly ylood control project in the area. There ie an
authorized project for the area but there has been no money appropaated
for it. Mr. Benson stated, on behalf o£ the Johnaons, that they feel this
authorized project will be built and that the whole idea will impose restrictions
on the land. They feel it would constitute a cloud on the title.
Charles Duffy, conEUlting engineer for Marysville, representia$
himself only. He feels that the criteria for the reviewing for permits
should be made definite before making any decision.
RoberC Kutz, attorney for Fasal Ra~.ah. He questioned Col. McCollum
regarding the authorized project and the procedures for completing it.
Art Gilman, 79 Ord Ferry Road, Chico. Mr. Gilman stated that one of
the areas designated as flooding has been dry. He felt there would be ao
need for permits in this case. He also questioned ea to whither a well and
pump would be Ronsidered as being over the 18" limit. Mr. Flanagan stated
Chat they are talking primarily about levies, roads, etc. Wells would not be
considered in these regulations. Mr. Gilman stated that he doesn't feel
that if there is no planned project, there should be ao change in on area
that has passed waters satisfactorily.
John Jaekel, Ord Ferry Road, Chico. He gave the board an aerial
photo of the area that showed flooding. He feels that there is a flooding
problem in Area B, whale his property is. He also felt that the people who
has been trying to get something like this done in the area had received
continual harrassment.
Rita Liston, Chico, who owns over 3,000 acres, stated she :eels it
would harm her property. She is opposed to the regulations.
Dan BlacksCock, County Counsel, asked if they were proposing that
they could regulate county roads. Col. McCollum stated they can and have in
.the past. Mr. Blackatack questioned about regulating barns as they require
no building permit.
Chairman Ladd stated that there should be criteria developed to base
their applications on and that the people should have some right to know
about them.
Walter Sprague, owner of property at Angel Slough, stated that hie
neighbor had leveled his land so that Lt is new going to flood Mr. Sprague's
property. He would like to have the Reclamation Board have control of this
type of action. Chairman Ladd stated that these regulations might not help
this particular problem as it would have to be over 18".
Harry McGowan owner of property in the area. He stated t'~at he was
a member of an organization that opposes actions of this type is.~~~t~. 1975
Page 63.
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Janu~ar~ 28 1975
w z w w w m z w w w w w w m w w ~ m ,3c a ~ w m m m m m w w z o w w w
Basin. He stated that he is not so much opposed to the regulations but is afraid
this is a "foot in the door" for the authorized project in the area.
Gladys ,Tones, Ord Ferry Road, opposed to the regulations.
Melba Persons, Biggs, asked about an up-keep tax on the levy. Col.
McCollum stated again that there is no levy and they don't propose to build one.
Mr. Jaekel appeared for rebuttal.
Donald Bronner, Biggs, opposed to the matter.
Louis Bonez ~ppased to the project, Chairman Ladd stated that they
should remember that they are here to discuss the rules and regulations sad
not the by-pass.
Mr. Rutz reappeared and stated he felt that the rules and regulations
are to protect the by-pass. Co+.. HcCollum stated that thep want these so
that they con~t ruin the existing flood control project, fte also stated that
they do not want to get bogged down with a lot of permits. Chairman Ladd
stated that it seemed to him that it was in short a condemnation of Che Land.
Art Gilman reappeared to state' that he wants definite criteria.
Claude Willis aske3 Col. McCollum about diverting water.
Mr. Jaekel read a paragraph from the testimony of the hearing in 1964
by George Stems.
Hearing closed to the public and confined to the Board,
Discussion. Mr. McGowan stated lte would like to see the regulations
come from the county level instead of the State. Supervisor Madigan questioned
Mr. McGowan about flood plane zoning. Col. McCollum stated that the State
would like to see the county consider the flood planing instead of them.
Discussion of possibility of agreements between the county and state. This is
done in Tehama County.
Discussion. No action taken on Che matter.
RECESS: 5:10
R£OONVENED: 5:15
75-146 PUBLIC WORKS: EVELYN RUTH WILSON-REZONE FROM "ft-C" (HIGHWAY COMMERCIAL)
AND "A-R" (AGRICULTURAL-RESIDENTIAL) TO "C-1" (LIGHT COMMERCIAL) FOR PROP$RTY
LOCATED ON THE SOUTHEAST CORNER OF LOWER WYa4NDOTTE ROAR & UPPER PALERMO RD OROVILLE
The public hearing on the Evelyn Ruth Wilson request for rezone from
"ft-C" (highway comcrtercisl) and "A-R" (agricultural-residential) to "C-1"
(light comua:cial) for property located on the southeast corner of Lower
Wyandotte Road and Upper Palermo Road, Oroville, was held as advertised.
Background of the matter explained. The Planaiag Commission vote on the matter
was 7 to 2 for approval of the rezoning.
Hearing opened to the public. Appearing:
John Hart, representing Guy Hart who was 311, explained that they own
land in the area and are against the rezoning. He asked Che difference of the
zonings. They ass approximately the same, however the ft-C zone requires use
Page 64.
Jeauary 28, 1475
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permits. Mr. Hart stated that they had only recently been informed of the
hearing and had not had time to circulate a petition among the neighbors
opposing the rezoning. They would like to have the matter continued to another
week is order to have some time to present some opposition.
Brian Rix, deputy county cou~.ael, stated that he had written an
opinion regarding the legality of the H-C zoning overlay of the A-R zoning.
Evelyn Wilson, applicant, explained that the request is to allow her
parents to build a small shopping complex.
Hearing closed to the public and confined tv the Board. Board
discussion held.
On wotion of SupervisorMeKillop, seconded by Supervisor Cameron and
unanimously carried, the Board approved the rezoning from H-C and A-R to
C-1 and waived the First reading of the o°dinance.
75-147 PUBLIC HEARING: ERNEST GARNER, ET AL-APPEAL OF A DENIED REZONE FROM "R-3"
(MEDIUM DENSITY RESIDENTIAL) TO "RT-1" (SINGLE FAMILY RESIDENTIAL TRAILERS)
FOR PROPERTY LOCATED ON SOUTH SIDE OF FLORIDA LANE, FAST OF DURHAM-NELSON
ROAD. CONTAINING THREE ACRES. MDRE~OR LESS
The public hearing on the Eznest Garner, et al, appeal of s denied
rezone from "R-3" to "RT-1" far property located on the south side of Florida
Lane, east of Durham-Nelson Road, containing three acres, more or less,
was held as advertised. Mr. Lawson explained the background of this matter.
This is in the Durham urban area.
Hearing opened to the public. Appearing:
Hazel Roddy, Durham, appeared and explained the reasons the rezoning
was requested. The lots in the area are quite small and it would be difficult
to build a conventional home on the property. She submitted two petitions
regarding this zoning that had been given at the Planning Commission hearing.
Hearing closed to the public and confined to the Soard.
On motion of Supervisor Richter, seconded by Supervisor Madigan and
unanimously carried, the Board upheld Che decision of the Planning Commission
sad denied the appeal £or the rezoning.
75-148 PUBLIC HEARING: APPEAL OF THE SUBDIVISION COMMITTEE'S DETERMINATION TO FILE
NOTICES OF VIOLATIDN ON PROPERTIES IDENTIFIED AS AP 41-12
The continuation hearing of the appeal of the Subdivision Committee s
determination to file notices of violation nn properties identified as AP 41-12
was held at this time. Chairman Ladd asked i£ the people wanted this matter
continued. Brian Rix, deputy county counsel, asked Mr. Johnson (applicant)
if he was prepared to cf~er improvements i# the meeting was continued.
Mr. Bill Johnson stated that he would like to have a couple of
supervisors get an the committee and work with the people involved in this
thing and get it straightened out. Supervisor Cameron stated that he was in
favor of this. No one wgp ogposed to this suggestion. Mr. Rix stated that
he had talked to the Dept, of Real Estate and that the D~~ R still is is effect
on this property. There is still no decision. He has no objection to a
committee and a continued meeting.
Hearing opened to the public. Mr. Johnson requested that Chairman
Page 65.
January 28, 1975
v v v s s a s s s a a n n m a n .~pa~naflT~' 2B~ 19~5~ m v a v v e s v v v v v
Ladd be on the committee as he has experience in these situations.
On motion of Supervisor Cameron, seconded by SupervisorMcY311op and
unanimously carried, the Board continued the matter to March 4 and appointed a
committee of Supervisors Ladd and McKillop to meet with the developer and
the Subdivision Committee to try and reach a solution and to come back to the
Board with a recommendation.
75-I49 PUBLIC HEARING: C-E BUILDING PRODUCTS-APPEAL OF DENIED USE PERI~T TO
ALLOW T+A$RIGATIOP~ AND ASSEMBLY OF ALUMINUM PRODUCTS ON PROPERTY LOCATED ON
WEST SIDE OF ESPLANADE. CHICO
The continuation of the public hearing on the C-E Building Products-
appeal of a denied use permit to allow fabiication and assembly of aluminum
products oa property located on the west aide of theEsplanade, approximately
200 feet south of Eaton Road, containing 1~ acres, Chico, was held at this time.
Chairman Ladd asked if there was anyone who would like to be heard on this
matter. Appearing: No one.
Hearing closed to the public and confined to theBoard.
On motion of Supervisor Gamem n, seconded by Supervisor Richter and
unanimously carried, theBoard denied the appeal for the use permit to allow
fabrication F.xid assembly of aluminum products on property located on the west
side of the Esplanade, approximately 200 feet sou:°~ of Eaton Road, Chico,
75-150 PUBLIC HEARING: PAUL AND FRANCINE SHAW-APPEAL OF A DENIID USE PERMIT TO
ALLOW AN AOOUSTICAL CEILING BUSINESS ON PROPERTY ON THE SOUTH SIDE
DF $ILLE ROAD, APPRO%IMATELY ON3-HALF MILE WEST OF CLARE; ROAD, PARADISE,
ZONED 'rA-2 LTD.'r
The public hearing on the Paul and FYancine Shaw appeal of a denied use
permit to allow an acoustical ceiling business on property on the south side
of Sills Road, approximately one-half mile west of Clark Road, Paradise,
zoned "A-2 Ltd." was held as advertised, 1dr. Lawson et~aed that there was a
correction to the map and that Che R-3 zones should be changed to A-2 Ltd.
The Planning Commission vote on this matter was 7-2 to deny the use persdt.
Hearing opened to the public. Appearing:
Bud McNamara, attorney representing the Shows, who stated that he
believed the vse permit requesC is in accordance with the area. Fie explained
what is on the property. This is not to be a commercial venture but is to
allow storage of materials used by Mr. Shaw in his business. He stated
that there are very few deliveries made to this property. The building that
the material is stored is is 24~ x 48' There was no opposition to this at
the 'rlannitg Commission hearing but a letter of opposltion was received
from one man.
Supervisor Cameron felt that the building was built and then it was
decided that a•use permit should be obtained and he objects to this procedure.
Hearing closed to the public ant confined to the board.
Discussion of the conditioas applied to the use permit held. Supervisor
Richter explained his reasons for not being able to support the use permit.
Chairman Ladd asked about sales and signs on the property and if activity
could be expanded. Jim Lawson read what the use permit stated. There was
a negative EIR statement.
Page 66.
• January 28, 1975
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a m e s a n o s a a a a s m o m a8~uar~ 28~ 1975s e a m c v a a e~ a s~
On motion of Supervisor Cameron, seconded by Supervisor McKillop and
carried, the Board approved the use permit far Paul Shaw, wine the conditions
ae= out by Planning Commission.
AYES: Supervisors Cameron, McKillop and Chairman Ladd
NOES: Supervisors Madigan and Richter
75-151 PUBLIC HEARING: LEAOY W. FLOREA-APPEAL OF A DENIED VARIANGE TO FRONT YARD
SETBACK REQUIREMENTS TO ALLOW A CARPORT 44 FT, FROM THE CENTERLINE OF THE ROAD,
The public hearing on the Leroy W. Flores appeal of 8 denied variance
to front yard setback requirements to allow a cax;.ort 44 ft. £rom the centerline
of the road, "~ocated on the west aide of Northwood Arive, fi0p ft. south of
Imperial Way, Magalia, was held as advertised. Mr. Lawson set out the background
of the request,
Bearing opened to the public. Appearing:
Leroy Flores stated that he had made an error when he built his
carport and did not notice it until the building inspector came to look at
the project. This is a carpor` attached to a mobile home, He explained what
would have to be done to correct the matter.
Discussion of what findings must he made in this matter was held.
Brian Rix read the portion of the Code dealing with hardship cases.
Nearing closed to the public and confined to the Board.
On motion of Supervisor Richter, seconded by Supervisor Madigan
and carried, the Board denied the variance requested by Leroy W. Flores.
AYES: Supervisors Madigan, McKillop and Richter a:.d Chairman Ladd
NOES: Supervisor Cameron
Supervisor Cameron stated Chat he felt this met with the special
aoa3ltions required by the code. Discussion of the ordinance covering this.
Chairman Ladd stated that he had tried to get the ordinance changed before
but had not been able to.
Chairman Ladd expressed concern about money being accepted from
people when the laws are clear on when a variance can be granted.
Supervisor Cameron felt that since the law stated that certain findings have
to be main that possibly the money could be returned. Discussion of variance
being granted held. Jim Lawson stated that several variances hive been
granted. Supervisor McKillop suggested that the findings be made available
to the public which Mr. Lawson said they ate available already,
On motion of Supervisor Cameron, and seconded by Supervisor McKillop,
the Board moved that Mr. Flores be refunded the $50 fee for the variance.
AYES: Supervisors Cameron and McKillop
NOES: Supervisors Madigan, Richter and Chairman Ladd
MOTION FAILED
75-152 PUBLIG HEARING; NORMAN R. MAROLLA-APPEAL OF A DENIED VARLANC~ TO SIDE
YARD SETBACK REQUIREMENT TO ALLOW A CARPORT L FT. FROM THE PROPERTY LINE, ON
THE WEST SIDE OF MANOR CIRCLE. 75 FT. SOUTfi OF LAWTON DRIVE. CHICO
The public hearing on the Norman R. Marolia appeal of a denied variance
to side yard requirement to allow a carport 1 ft. from the property line,
on the west side of Manor Circle, 75 ft. south of Lawton Drive, Chico was
held as advertised, page 67.
January 28, 1975
!"~ ~~
~w w w w w v w a v v v v a. w v wJ$~~Ye2~fw1~7~ a s s: m v w w w w ~w w o e ^a
Hearing opened to the public. Appearing:
Norman Merolla. He stated that he wants to use this as storage
for his boat and that the carport must be wider than allowed so that the boat
will fiC. He stated that his neighbor has his structure 2' from the property
lice, as are others in the area, When he first started this, he did not
apply for a building permit because he was told by friends that it was not
needed. There are other violations like this in the area but these 7rere
mostly built before a building permit was required.
Hearing closed to the public and confined to the Board.
On motion of Supervisor Madigan, seconded by Supervisor Richter and
unanimousiy carded, the Board denied the application for a variance to side
yard setback requirements as requested by Norman R. Merolla.
75-I53 ADOPT RESOLUTION 75-14 GIVING NOTICE OF INTENTION TO ABANDON A PUBLIC
HIGHWAY - REQUESTED HY CHARLES WAUGK
$equesC of Charles Waugh for abandonment of an alley in Slock 34
of Subdivision of Thermalito as recorded on wall maps four and six of Hutte
County Recorder's Office discussed.
On motion of Supervisor Cameron, seconded by Supervise iKeKillop and
unanimously carried, Resolution 75-I4 giving notice of intention to abandon a
public highway, and setting public hearing for Tuesday, March 11, 1975 at
2:00 ~.m. was adopted and the Chairman was authorized to sign.
75-154 RE VEST FROM PLANKING COMt-ffS5ION FOR JOINT MEETING PUT OVER
Request from the Planning Commission for a joint meeting with
the Board of Supervisors to discuss current land use problems put over to
February 4, 1975.
75-i55 ADOPT RESOLUTION 75-15 ESTABLISHING CASH DIFFERENCE FUND AND CASH OVERAGE POND
Clif Nickelson, Administrative Officer, explained the proposed
resolution.
On motion of Supervisor McKillop, seconded by Supervisor Cameron
and unanimously carried, Resolution 75-15 establishing cash difference fund
and cash overage fund far the Oroville Justice Court was adopted and the
Chairman Was authorized to sign.
75-156 APPROVE PUBLIC WORKS ITEMS
Chairman Ladd requested that the item of Hutte County Hospital site
development be put over one week, to enable the Hoard members to look at
the building,
On •aotion of Supervisor Madigan, seconded by Supervisor McICillop
and unanimously carried, the Hoard approved the following:
1. Approved agreements for sale, authorized Chairman to sign and
authorized Auditor to issue waxrants upon demand of County's escrow ageat
for the following:
Pentz-Magalia Hwy. 45471-74-1 T, Daley et ux 0.328 $981
No impr. Total $981
S. F,llis 0.193 $579
No impr. Total $579
K. Carlson 0,202 $606
et ux No impr. Total $606
2. Authorized Chairman to'~s~,gjn notice of completion and fiaal p nt,
Page 68. January 28, 1975
~ ~
January 28, 1975
2. Accepted the work of George S. Tandy & Son for the construction
of holding cell addition at the Gridley Court Building, authorized the Chairman
to sign the notice of completion and authorized the final payment, less 10~
and instructed Clerk to record said Notice of Completion with,County Recorder.
3. Authorized transfer of $2,400 from WO 310 Corporation Yard
building maintenance to partially fund the Chain link fence around Corporation
Yard; rest of funding to be proposed at a later date; labor by CETA crews.
4. Authorized purchase of a used 1969 3/4 ton Chevrolet carryall
from CALTRAN5 at $975 from unused equipment acquisition fund. Vehicle to be
used to transport CETA project laborers.
75-157 AUTHORIZE PREPARATION OF SPECS & RECEIVE BIDS FOR CARPETING, DISTRICT
ATTORNEY & PROBATION OFFICES IN OLD HOSPITAL BUILDING
On motion of Supervisor McKillop, seconded by Supervisor Madigan and
unanimously carried, the Purchasing Officer was authorized to prepare specifica-
tions and receive bide for carpeting the District Attorney end Probation Officer's
o£ficea in the remodeled hospital building. Coat estimate 1,121 square yards
@ $12 per yard $13,452.
75-158 INFORMATIONAL ITEM
Clay Castleberry, Director of Public Works, stated that the City
would like to meet with the two Chico supervisors to discuss the proposed
Sacramento Avenue storm drain district. ~Mr. Castleberry will Bet up a meeting.
75-159 APPOINTMENT TO ALCOHOL ADVISORY COMMITT PUT OVER ONE WEEK
Appointment to Alcohol Advisory Committee and Technical Advisory
Committee oa Drugs put over to Tuesday, February 4, 1975.
75-160 DISCUSSION: U.S. FDREST SERVICE TRANSFERS OF LAND
Supervisor Madigan stated that all the supervisors had received a
letter regarding these transfers. Taxpayers wrote a reply which was endorsed
by the RCRC. No action taken. Some of the supervisors felt the letter wasn't
very clear.
75-161 ADDITIONAL ITEMS
Supervisor Cameron requested that a letter of thanks be sent to Andy
Williams who gave the County as evergreen tree fox the Courts Building.
On motion of Supervisor Cameron, seconded by Supervisor McKillop and
unanimously carried, the Board authorized a letter of thanks to the Andy Williams
for the tree.
75-162 DISCUSSION: CASE OF SCOTT DALLMAN
Supervisor Madigan asked County Counsel what he had found out about
the case of Scott Dallman. County Counsel hasn't been able to come up with a
legal way to give relief. The County did make an error. County Counsel will
give the Board a written report.
75-163_APPROVB SLA-MONTH EXTENSION FOR MARTHA SCOTT, TENTATIVE PARCEL MAP
Supervisor Cameron stated that a person who had a tentative parcel
map (Martha Scott) had not been able to comply with the conditions of the map
and had requested an extension. However, the request was received a day late
and the person was told that there was nothing that could be done.
Supervisor Madigan stated he had received a call from a woman who
was having trouble getting information and was told to contact her Supervisor.
Page fig. January 28, 1975
.. _- - - - -
• ~ f"`:
:aa~~s3o~ea ~seao o3~aHa~Y.e2~,el$7~~ ne~seemsssm~
On motion of Supervisor Cameron, seconded by SupervisorMcKillop
and unanimously carried, the Board granted a six-month extension for the
Martha Scott tentative parcel map AP 51-171-18 in Paradise, and instructed
that the person~be notified.
ADJOYTRNMENT:
There being nothing further be~ore the Board at this time, the
meeting was adjourned at 7:40 p.m. to reconvene on Tuesday, February 4, 1975
.t 9:00 a.m.
ATTEST: CLARK A, NELSON-,} C~OIINTY CLERK
By ~L ~~t_a_1.'~7;~_~ls,~~~
Board o Supervisors Clerk airman of the Bodii.-d -~
Page 70.
Tanuary 28, 1975
ADOPTED HY THE RECLAMATION BOARD
ON
JZ7LY 27, 1973
STATE OF CALI~'ORNTA
The Resources Agency
THE RECLAMATION BOARD
Room 335, 1.416 Ninth Street
Sacramento, California
RULES AND REGULATIONS
for
DESTGNATEA ~'LOODWAYS AND
FLOODWAY ENCROACHMEN'T' LINES
oCTOHER 1973
r„~ !"+
REGULATIONS
FOR ADMINISTRATION OF'
DESIGNATED FLOODWAYS
AND
FLOODWAY ENCROACHI~IENT LINES
The regulations printed herein are those set forth in
Title 23, California Administrative Code, Sections ~5 through 95-
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TA B . ~ Q F CONTE NTS
Arr=,i~r .
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6 - Ge nerai_ P rovis ions
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F E c Li e
SECTION
4g Purpose of Rules and Regulations
46 Definitions
47 Plans and Applications for Approvaz on
existing and Proposed Structures and
Improvements
Article 2_-~tudiea to Support Regulations
Ensy~achm
SECTION
55 Responsibility of the Board
56 Priorities
c 8 _ H
A D F
end Floodwav Enc~jp~ent Lines
S~CTIGN
PAaE
1
1
2
4
4
6~ Responsibility of the Board 5
66 Comments of Interested Parties 5
67 Recording 5
68 Availability of Maps 5
6g Future Changes 6
A
Wffihin Deaiarle.ted Floodwavs
3~
75
Structures and Improvements
7
76 Permitted Uses in Designated Floodways 7
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~t~ale~10 - FsxiAtina Encroachments
Within De,girrna~j_Flo wav
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85 Existing Encroachments Under Hoard Order 9
86 Existing Encroachments Not Under Hoard Order 9
Agt~le 71 - Extent of Improvements OL?tside of
Designated Floodwass
HECTEON
95 Undesirable Changes of Flow Regimen in Channel 11
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45 Purpose of Rules and Regulations. These rules and
regulations are adopted as•e means of establishing
designated floodways and floodway encroachment lines
for flood control pro,~ecta adopted or authorized by
the ETnited States or plane of flood control adopted
or authorized by the State.
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k6 Definitions. As used in these regulations, the terms
listed below shall have the meanings noted:
(a) Design Flood. "Design Flood" shall mean the
flood against which protection is provided or
may eventually be provided by means of flood
by thetHoardr tonbeocompatible Taith future ned
developments.
(b) Designated Floodway. "Designated Floodway"
shall mean the channel of the stream and that
torreasonablyeprovideiforfthedpassagerotuthed
Design Flood, or the floodway between existing
gro~ect levees.
(c) Floodway Encz^aarhmPnt Linea. "Floodway Encroach-
ment Lines shall mean the exterior limits of the
designated floodway.
(d) Obstruction. 'obstruction" means any encroachment
such as a dam, wall, wharf, embankment, levee,
dike, pile, pump, abutment, pro~eetions, excava-
tion, bridge, conduit, culvert, building, fence,
rock, gravel, refuse, fill, house, barn, storage
building, or other analogous structure or matter
which may unduly impede, retard, or change the
direction of the flow of water, either in itself
or by catching or collecting debris carried by
such water, or that is placed where the flow of
the water would carry the same downstream to the
damage or detriment of either life or property.
(e) Parties. "Parties" means any individual, firm,
partnership, association, corporation, any agency
of the State, municipal corporation, political
subdivision of the State, or any other legal
entity.
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(f) Permitted Uses. °Permitted Uaes" shall mean
structures, improvements and land uses in the
designated floodway that in the judgment of
the Board will not unduly impede the free flow
of water in a stream.
(g) Stream. "Stream" shall mean natural or regulated
water flowing in any channel natural or artificial.
Streams can be perennial, flowing continuously;
intermittent or seasonal, flowie8 only at certain
times of the year; and ephemera],, flowing only in
direct response to precipitation.
(h) Encroachment. "Encroachment" shall mean the use
for any purpose of either flood control project
works, the waterway area of such project works
or the area covered by an adopted plan.
(i) Conforming Existing Encroachments. °Conforming
Existing Encroachments" shall mean an existing
facility or use that is consistent with e11 the
provisions of Sections 75 and 76 of these Rules
and Regulations.
(~) Hon-conforming Existing Encroachment. "Non-
conforming Existing Encroachment" shall mean an
existing facility or use that is not consistent
with all of the provisions of Section 76 of
these Rules and Regulations.
(k) Hoard, "Hoard" shall mean The Reclamation
Board of the Resources Agency of the State of
California.
(1) Recreational Vehicle. "Recreational Vehicle
shall mean a travel trailer, camp car, motor home,
tent trailer, with or without power which is
designed or used for human habitation and which
may be moved upon a public highway without a
special permit, chauffer~s license or both,
without violating any provision of the Vehicle
Code.
CE TIOt3
!}7 Plans and Applications for Approval on Existing an4
Proposed Structures and improvements.
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The Board will follow the application approval proce-
dure as provided in 23 Cal. Adm. Code 16 througki 23
and 8700, et seq., of The California Water Code. The
necessary forms can be obtained from The Reclamation
Hoard in Sacramento, California.
Normally, all applications for encroachments will
be referred to appropriate Federal, ,State and local
agencies for review and comments before action by
the Board.
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~ticle_ ~
Studies to SuAVart Re~t?1Rtion_s
gn lsesianated Floodwavs and
F]~~gdwaw Encroachment Lines
~ECm7'ON
55 Responsibility of the Board
The Board, after appropriate studies have been made,
will delineate on an aerial mosaic or map the desig-
nated floodway and the floodway encroachment lines.
The Board will further determine allowable uses in
the designated floodway and will establish criteria
therefor.
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56 Priorities
The Board will establish and follow a priority list of
areas to be studied and establish the order in which
studies shall be made. In establishing and revising
the priority list, the Hoard will oonsider:
(a) Existing and projected Federal, State and local
flood control improvements and regulations
affecting the flood plain.
(b) The degree of danger from flooding to life,
property, public health and welfare.
(c) Rate and type of development taking place upon
the flood plain.
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SE
65
N H A t f
F g E c c e
Lin a
Responsibility of the Board
The Board will notify local interested parties, thirty
days prior to any hearing or hearings on designated
willdbeyhelddinlareasyconvenienteto theema,~orityi~s
interested parties. The Board will hold one hearinS
prior to initiation of the study, and at least one
hearing after the study has been completed and prior
to adoption.
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66
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68
Comments of Interested Parties
Prior to the adoption of a designated floodway,
betheardeatponeior more pub8iehearingsptotobtainto
views and recommendations for desirable modifications
to the proposed designated floodway and the floodway
determinationlaseto the exactdencroachmenthlinesal
to be adopted.
Recording
After a designated floodway and the floodway encroach-
ment line9 are thepdesibna~ted floodway andrthe floodc
or me.p showing B
way encroachment lines will be transmitted to the
appropriate county or counties for recording.
Availability of Maps
'Che Board will also furnish a copy of the map or maps
showing the limits of the deslg,nning department and
county engineer, the county p
other interested parties.
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SE
(g Future Changes
If at some future date, after the adoption of the
theiBoarddfeelsdthataconditionsyhaverchangedtsuffis~
ciently to necessitate altering the said l,ittea, the
Hoard may make such modi~'ications as it deems to be
appropriate.
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Apt -c le 9
Ex ~
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75 Structures and Improvements
'X'he following uses may be permitted in the designated
floodway if a combination of such uses in a specific
reach of the stream will not materially increase the
flood height or the velocity of the design flood when
confined within the Encroachment Lines.
SECTIOFI
76 Permitted Uses in Designated Floodways
{a,) Open space uses not requiring a closed building,
such as agricultural croplenntyperpublie~andvestock
feeding and grazing or op
private recreation areas.
(b) Fences, fills, walls, or other appurtenances
which do not constitute an obstruction or debris
catching obstacle to the passage of floodwaters.
{e) Storage yards for equipment and material; if
said equipment and material can be either securely
anchored or removed upon notice.
(d) Railroads, streets, bridges, and public utility
wires and pipelines for transmission and local
distribution.
{e) Commercial excavation of materials from pits,
strips, or pools providing that no stockpiling
of materials, products or overburden shall create
an obstruction to the passage of floodflows.
(f} Improvements in stream channel alignment, cross-
section, and capacity.
(g) Structures that are designed to have a minimum
effect upon the flow of water and are firmly
anchored to prevent the structure from flotation,
provided that normally no structures for human
habitation shall be permitted.
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(h) facilities thatcare eitherlfloodprooted or
etre removed during the flood season of the
particular stream involved.
(i) Other uses of a type not appreciably damaged by
floodwaters.
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S~~7`ION
85 Existing Encroachments Under Board Order
The existing facility or use shall be allowed to
continue as at present. The facility or use shall
not be changed, extended or expanded without a new
application to and approval by the Hoard.
SECTION
86 Existing Encroachments Not Under Board Order
(a) Conforming Existing Encroachments:
An approved Board Order will be automatically
issued i'or all conforming existing facilities 8nd
uses. The facility or use shall not be changed
extended or expanded without a new application
to and approval by the Hoard. If the facility
• is abandoned, it shall be removed at the expense
of the owner.
(b) Non-conforming Existing Encroachments That
Do Not Have a Mayor Detrimental Impact.
The existing facility or use shall be allowed to
continue under an automatically issued Board
Order until abandoned or until it is destroyed
or damaged, by any cause, to the extent of more
than fifty percent of it's market value or its
physical usefulness. The facility or use shall
not be changed, extended or expanded without a
new application to and approval by the Board.
If the facility or use is destroyed or damaged
to the extent of more than Fifty percent it
shall not be reconstructed without a new
application to and approval of the Hoard. Tf
the facility is abandoned, it shall be removed
at the expense of the owner.
(c) Nori-conforming Existing Encroachments That
Have a Mayor Detrimental. Impact.
If the facility or use has been in existence
prior to the adoption or authorization of a
pro~eet by the United States or prior to the
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adoption or authorization of a plan of flood
control. by the State, it shall be removed, aban-
doned or suitably modified at no cost to the
pwner. Facilities or usee not falling in such
category shall be removed, abandoned or suitably
modified as directed by the Board, all at the
expense of the owner, and within a period of
time to be specified by the Board.
(d) Betermination of Extent of Impact of Existing
Encroachments
The Board will make the final. determination as to
whether the facility or use has or has not a
mayor detrimental imgact within the designated
fioodway or an pro,~ect facilities and wi~.l advise
the owner thereof of any action that he must take.
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Article l1
Designated Floodwavs
95 Undesirable Changes in Channel an Flow Regimen
' All uses or combinations of uses in a specific reach of
the stream wild. be permitted if such use or combination
of uses will not result in an undesirable change in the
channel or in the flow regimen. Applications to and
Orders by the Board will be required outside the limits
of the designated floodway only for uses or activities
that might result in such changes. Existing activities
of the foregoing nature will be handled by the Hoard
on a case by case basis.
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• LO-1b-74
. RULES AND REGULATIONS
FOR CONTROL OF ENCROACHMENTS
IN BUTTE BASIN
1. Purpose: These supplemental regulations are for the purpose
of advising public agencies and private property owners as to
the type of encroachments that will require an application to
and approval by The Reclamation Hoard for the Butte Basin area.
Butte Basin is a natural overflow area lying east of the
Sacramento River between the vicinity of the mouth of Big
Chico Creek on the north and the head of the Sutter-Butte
Slough Bypass an the south.
The basin areas to which these regulations apply are generally
defined by the exterior limits of the area inundated by the
January 1970 flood and the physical features of the Beard's
"Master Plan for Flood Control in Butte Basin", adopted on
June 4, 1964 (the specific areas covered by these regulations
are shown on the attached map).
2. General: These regulations supplement and, where in conflict
with, supersede the "Rules and Regulations for Designated
Floodways and Floodway Encroachment Lines", adogted by The
Reclamation Board on July 27, 1973.
3. Concept: The Reclamation Board's 1464 adopted "Master Plan
for Flood Control ip Butte Basin" consists of a proposed project
levee on the east side of the Sacramento River north to Big ~`
Chico Creek, a proposed eastside weir near Chico Landing, a
proposed west project levee to above Stony Creek, and a
proposed leveed bypass channel approximately 6,000 feet wide
extending through Butte Basin from near Chico Landing south to
the vicinity of Cherokee Canal.
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Rules and Regulations for
Control of Enc roachments
in Butte Basin '2'"
The objective of these supplemental regulations is to
assure that encroachments in the Butte Basin area will not (a) be
in conflict with or detrimentally affect the Board's "Master Plan
for Flood Control in Butte Basin", (b) be injurious to or inter-
fere with the maintenance and operation of authorized federal and
state flood control improvements, (c) unduly impede the entry of
floodwaters into or the flow of such waters through Butte Hasin,
or (d) materially alter the present detention time of such flood-
waters in the Basin.
4. Regulations for area within nhvsical limits of Board's June 4,
1964 "Master Plan" Area A. The Board's "Rules and Regula-
tions for Designated Floodways and Floodway Encroachment
Linea", adopted July 27, 1973, or as thereafter amended, will
be adhered to and applications and Soard approval will be
required Yor all proposed encroachments within this area.
S. Re lotions for area outside nhvsical limits of Board's June 4,
1964 " s er Pian" (Areas B, C, D, E, and F). Applications
and Board approval will be required for the following encroach-
menta:
a) All modifications in alignment, obstructions in or change
in hydraulic capacity of channels, sloughs and their
distributaries which carry floodwaters originating from
Sacramento River overflow or from discharge of tributary
streams draining from the east:
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Rules and Regulations for
Control of Encroachments
in Butte Basin -3-
b) All railroads, public roads and bridges, culverts,
trestles or other similar public waterway crossings;
c) All levees, road and ditch pads, fills, walls and
similar structures located in the following described
areas and falling within the following indicated criteria:
Area 8. All structures over 18 inches in height
above the existing ground elevation in the area
lying between the west line of the Board's adopted
"1964 Bypass" alignment„ and the east line of the
Sacramento River "Aesignated Floodway" limits, as
adopted by The Reclamation Board on March 12, -1971,
and northerly ,of a line 1,000 feet south of the
south Parrott Grant line..
Area C. All structures either over 36 inches in
height above the existing ground elevation or with
a crest elevation higher than 73.0 USED in the area
within a three-mile radius measured from the center of
Moulton weir and limited by the southeasterly
extensions of the north and south training levee
alignments to the three-mile arc.
Rules and Regulations for
Control of Encroachments
in Butte Basin -4-
Area D, All structures either over 36 inches in
height above the existing ground elevation or a
crest elevation higher than 57.8 USED in the area
encompassed by a three-mile radius measured from
the center of Colusa Weir and limited by the
easterly extensions of the north and south training
levee alignments to the three-mile arc.
Area E. All structures over 36 inches in height
above the existing ground elevation in the remaining
1970 overflow area lying north of Meridian Road (with
the exception of the presently leveed portion of
RD 1004) .
Area F. All plans for levees and similar structures
to provide protection for a part or all of the area
against a maximum stage greater than that reached
by the January 1970 flood.
6. Tn Areas B, C, D, E, and F applications to and approval by the
Board will not be required for (1) seasonal rice checks not
exceeding 36 inches in height, and (2) land leveling or grading,
or for local drainage or irrigation improvements that only have
a localized impact and are not controlled by the provisions of
paragraph S.
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j Rules and Regulations for
Contro], of Encroachments
in Butte Sasin ^5-
7, An approved Board Order may be required for certain existing
encroachments falling under the provisions of paragraphs 4
and 5.
Attachment
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