HomeMy WebLinkAboutM030177~ ~'
March 1, 1977
STATE OF CALIFORNIA )
SS.
COUNTY OF BIITTE )
The Board of Sapervisora met at 9:00 e.m. pursuant to adjournment.
Present: Snpervl.so*e Lemke,.~iiadigau;.Mbseley; Winston sad Chairman Richter,
Clif Mickelsori, Administrative`~Offieer, Dan Blackatock, County Counsel and
Clark A. Nelson, County Clerk, by Margie Catt, Clerk of the Board.
Pledge of allegiance to the Flag of United Stetea of America
Invocation gives by SuperviBOr Lemke
77-405 APPROYdI. OF MINUTES
nnanimously0 canted, the mpi.nutes ofLFe~bru~aryc22dei4~~ were approvedsasenailed,
with the deletion on Page 11, Item 77-402, that action on moving of Yeterea
Service Officer wile put over ane week, and with the rescinding of action on the
appointment of three members to Planning Commission, and to state that the Board
would receive applications for appointment to Planning Commission up to March 4th,
and that the appointments would be made oc- March $, 1977.
77.40b C014Il1NICATIONS
Bachman Engiaeeriag, Chico. The 8agineers, on behalf of Frank and Marion
Bennett, appeal the decision requiring as eaviroameatal impact report
// ~, Cs oa the roposed Rancho de Thunder subdivision, Discussed; put over
until••F~eaning Director is present.
Lippincott Surveying, Paradise. the Surveyors request a refund of the unused
application fee for a tentative parcel map which was vithdrawn,
~ 3.0 S AP SG-OB-103. Discussed; see motion following commuaicetions.
' 0 ~. 3 A Q:ester Ramsey, Oroville. Mr. &amsey, oa behalf of Leah Onaa, Lneky Seven Basch,
/ requests withdrawal of 9.54 acres from the Lead Conservation Agreement.
Referred to eo®aittee for study and coaeideration.
William R. Taylor, Paradise. Dr. Taylor requests that the lease of his building
/ O 0 .b1 in Paradise utilized by the Health Department be renegotiated,
Referred to Administrative Officer.
John F. Gage, Chico. Mr. Gage writes concerning the request of W. H. Temple
~~ 2 ,pd for a refund on tax deeded property, AP 44-45-01. Discussed;
see motion following communications.
Carl Clayton Coppinger, Oroville. Mr. Coppiager submits a claim for damages
~ Q O. b~ in the amount of $100,000, as a result of the death of his father.
See motion following communications.
State Department of Parks~aad Recreation. The Department writes concerning the
establishment of a seaplane landing area on Lake Oroville and requests
o. o C) a opportunity to discuss the matter with theBoard. It was felt that
S d ~~ana Commtssion should hold a public hearing on Chia item. Referred
to Planning Coffinisaion with request that they hold a pnblic hearing.
Mr. Nickelson will request that Planning inform the Board about
the contents of their minutes of meeting held last November on this
matter.
League of Womeas Voters. Object to a:anTtQr in which the Board appointed
members of the Planning Commission. Notice of Vacancy stated that
/ 0 ~./ b the Board would receive applications for the appointments up to
March 10, 1977. Action already taken in this matter.
RECESS: 9:02 to go into an Execative Seasioa to discuss appointment of
E.I.R. Director
RECONVENED: 9:15 following executive session. Qiairmaa Richter reported that
the Board agreed to appoint Earl Nelson as the E.L R. Director.
Page 13.
March is 1977
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77-407 APPOINTMENT OF EARL NELSON AS E.I.B. DIRECTOR: INSTWCTZONS CONCERNING
BACKLOG OF E.I.R.s
The Board members agreed to the appointment of Earl Nelson as
E.Z.R. Director. Administrative Officer van instructed to get this man
going with dispatch. There is a tremendous backlog of E.I.R.. Mr. Nelson
was authorised to hire through the private sector, someone to help get the
backlog work completed. Mr. Nelson vas authorized to do whatever necessary
to get through the backlog.
77-408_IIENY REFUND OF IINUSED APPLICATION FEE FOE T6NTATIIIE PAACF.L MAP
Letter 2rom Lippincott surveying, Paradise, requesting refund
of the unused application fee for a tentative parcel map which was withdrawn,
AP 36-OS-103, discussed. C~;y Castleberry, Director of Public Works,
recommended that the Board not refund this fee. The map had been processed
and then the applicant choose to withdraw the map before it was recorded.
Oa motion of Supervisor Madigan, seconded by Supervisor Winston
sad unanimously carried, the rsquest for refund of application fee for
~ 56-OS-103 was denied.
77-409 DENY BEQUEST OF W. H. TEMPLE FOR REFUND ON.TAB DEEDED PROPERTY
On motion of Supervisor Wiastoa, seconded by Supervisor Madigan and
unanimously carried, the request of Joha F. Gage, Chico, concerning the request
of W. H. Temple for a refund on tta deeded property, AP 44-45-01, was denied.
77-410 REJECT CLAIM OF CARL CLAYTON COPPINGER OBOVILLE
Oa motion of Supervisor Winston, seconded by Supervisor Madigan and
unanimously carried, the claim of Carl Clayton Coppinger, Oroville, £or damages
in the amount of ,100,000, as a result of the death of his father, was rejected
sad referred to County Counsel sad iasurancc representative.
77-411 AUTHORIZE LETTER TO BE WRITTEN TO CS1iC.'IN OPPOSITION TO BINAING A.RBITBATION
Supervisor Winston commented oa the letter from CSAC regarding
binding arbitration. He urged that this Board sake official action and write to
them letting them know that this Board opposed binding arbitration. better
discussed.
Oa motion of Supervisor Winston, seconded by Supervisor Madigan
and unanimously carried, a letter wan authorised to be written to CSAC, and
to our State Legislators, letting them know the Board's feeling about binding
arbitration, stating that Chis Board opposes binding arbitration.
77-412 DISCUSSION: ESTABLI58MENT OF POLICY REGARDING ORBAN IM£BOVEMENTS
Clay Castleberry, Director of Public Works, stated that last week
the Board assigned a committee to meet with Public Works sad work out a policy
regarding urbea area improvements. Proposed policy explained. This policy
would allow single €amily building permits ~o postpone the putting in the improvements
Lf the developer would sign an agreement stating that if an aaaessmeat district
is formed in the future he would nat oppose it. Mr. Castleberry had a draft
of the agreement that she property owners would sign.
Policy discussed. This policy only speaks to the urbea areas.
Jim Ladd, Oroville, spoke concerning the policy. He recouweaded
that a public hearing be set so public cauid be heard regarding the policy.
Hearing net for Marsh 22, 1977 at 10:00 a.m.
77-413 PUBLIC HEARING: RODNEY WORTHINGTON-APPEAL OF SUBAZY~$ION COMMITTEE'S
DETERMINATION TO FILE NOTICES OF vZOLATION: MARWELL DRIVE PARADISE CONTINUED
The public hearing on the:-Aoc}aey Worthington appeal of Subdivision
'-4.' March 1, 1977
Page 1
March 1 1977
s r r. s. 4 s .. s. s a s s e s sus a a s s s s s s s .. •s s e s s s e:
Committees determination to file notices of violation on property located
on nest side of Maxwell Drive, south of Greenwood Drive, Paradise, AF 53-fl3-40
& 42, held as continued from February 1, 1977. Ail the improvements are in
except paving reported Hr. Castleberry. Hearing continued to April 5. 1977
at 9:30 a.m.
77-414 PUBLIC HEARING: EVANDER & LELA DILLARD-APPFIIL OF NON-ISSUANCE OF BUILDING
PERMIT TO CONSTRUCT FACILITIES FORA MOBZLE HOME ON AP 30-181-23 PURSUANT TO
SUBDIVISION ORDINANCE SECTIONS 20-66 and 20-160
Public hearing on the Svander end Lela Dillard appeal of non-issuance
of building permit to construct facilities for a mobile home on hP 30-181-23
pursuant to Subdivision Ordinance Sectioae 20-66 and 20-I60 was held at this time.
Staf# gave background of the appeal. Claq Castleberry, Director of Public Works,
advised the Beard that this property is in the Thermalito area. There are
two buildings on the property saw and this if for a third building.
Hearing opened to the public. Appearing:
1. Larry Tomlinson, representing the owners. The owners are
requesting that they be allowed to put this mobile home oa their property.
There is only a 20' driveway to the home. The son end daughter already live
on the property. and the parents would like to 11ve close to the children.
There is one mobile home on the ptoperty and 8a older living residence.
The owner is requesting that the Board naive the 60~ access condition.
Mr. Castleberry stated that the ordinance does not provide for 3 living
units oa one parcel. There are two issues before the Board at this time:
(1h request to have more than one living unit on a parcel and (2) the problem
of the access.
Supervisor Wiastoa stated he had discussed this request with Mr. Tomlinson.
He has not had a chance to look at the property sad would rather delay this one
week so he could go out and look and the property.
tir. Tomlinson stated that is the grocers of obtaining the building
persist, the owners were asked to sign a waiver that they would not be paying
any rest. He was not told that there was a problem with the number of units on
this property.
Supervisors Moseley and Winston and Mr. Castleberry will look
at the property and will try to bring back a recommendation Inter is the day.
77-k 15 DLSCUSSION: USE OF GREY WATER IN PABADISE AREA DUE TO DROUGHT:
LEGISLATURE TO BE RE ESTED TO RELAIC LAW GOVERNING USE OF GREY WATER
Supervisor Lemke stated there were people in the audience that
would like to discuss the matter of the drought condition is Paradise.
He stated he had met with two of the directors of the P.I.A., the engineer
sad the citizens conservation committee. The Board had written a letter to
the Governor and to our Legislators declaring the County is a state of emergency
due to the drought, for the farming areas.
The Board is now being requested to aapport a letter or resolution
to the Gmreraor telling him of the conditions is Paradise. they hsve been
oa rationing of water for about a year sad Paradise really needs water.
Mr. Yollead Wright, one of the directors of F.1.D., stated that
the District does feel there is a serious problem in Paradise. They are
conserving water, and with the water they have on head, they will have to
conserve another 50z. The District would like to have the regulations relaxed -`
Page 1S.
March 1. 1977
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e o a a c g v e e e ~~ m a ~'18sC~ ~,s197~ ~~ s~ A s s e~ iwa s s s s s
a little bit to carry out waste water to water art-door plants. They felt
that the major source of coaaervation will have to be through the home
owners. They can conserve water by watering their plants with waste water
from their homes.
Request discussed.
Mr.:3dhn.Hetidkraon~'Paradisey,spokt for the=c~.tiaens-ebmoiittee.
They. have taken acti6a~~o try and secure a commitmene from P.G. E. for water.
'They are buying acme water from Dei Oro Water District. Water problem
discussed.
P.6. ~ E. has stated that they world sell 300 acre feet of water
to Paradise Irrigation District. Conditions wader which P.G. 6 E, will sell
the water net ont by Mr. Wright. After July 1, 1977, P.E. & E. will give all
the water in Snag Lake to Paradise.
The Board was requested to urge the State Legislature to relax
contlitioas oa the use of grey water and to inform them of the drought condition
in Paradise for the past two years.
It was moved by Supervisor Lemke, seconded by Supervisor Madigan and
unanimously carried, that the State Legislature be requested to relax the condition
concerning the use of grey water in Paradise sad to inform the Legislature of the
problems is Paradise due to the drought for the past two years; this would be
home owners use of grey water only.
77-416 PUBLIC HEA$ING: MICHAEL WINES-APPE AL OF CONDITIONS 7 and $ RELATING TO
ROAD IMPROVEMLNTS AND CURBS, GUTTERS AND SIDEWALKS ON TENTATI9E PABCEL MAP
are pudic nearing on the H•2chael Wines appeal of Conditions 7 and 8
relating to road improvements and curbs, gutters and sidewalks on tentative
parcel map located at the east end of Lovely Lane, off Clark Road. Paradise,
AP 53-04-54, was held at this ti~oe. This is in the urban area of Paradise.
The property ie being examined by the D.A, for review. This development
might have to go back and be resubmitted ae a subdivision. There is a
potential for some 20 parcels oa Lovely Lase, The road should be is~roved
to public road standards.
Hearing opened to the public. Appearing:
1. Hike iTinea. He ataeed they went through the committee that
was considering the vlolatioa of this, and thought that the problem had been
straightened out. He has not purchased the property pet; ie is subject to
approval by the Board of Supervisors. He explained reasons for hie appeal.
Request for deletion of the condition for curbs, getters and•eidewalks discussed.
Conditions discussed. Supervisor Lemke said he sa~r~ this development
with something leas than a concrete sidewalk. Supervisor Lemke said this is
is the area of where the apartments cad. If this developer were to be assessed
for the access is the amount of one-fourth the cost for the improvement to the
road, then the property owner with the apartments should be assessed.
Hearing closed to the public and confined to the Board.
It was moved by Supervisor Lemke, seconded by~Supervisor Winston
and unanimously carried, that the appeal relating to the road improvements
be denied, with the exception that the sidewalks could be modified to be
worked nut with Public Works Department, and that the one-fourth deposit
Page 16.
March 1, 1977
s sssassassssssserihsli 1977sa r rr.s :rrss3wra
could be dose by letter of credit or anp method agreed apoa by Public Works
Director, and that no portion of this oration is intended to be permission
until the District Attorney makes his determination.
77-417 PUBLIC HEARING: COBRINR WALDROOP, VEItDI VISTA TENTATIVE SUBDIVISION:
APPEAL OF CONDiTION°d 10, 22 and 16 RELATING TO THE INSTALIATION OF CURBS,
GUTTERS AMID SIDEWALKS AND STREET LIGHTS
Public Hearing on the Corrine Waldroop, Verdi Vista Tentative
subdivision, appeal of conditions 1D, 22 sad 16 relating to the installation
of curbs, gutters and sidewalks sad street lights held at this time.
Background of appeal net out by staff. Mr. Castleberry explained the location
of the subdivision; parcels are about one-acre in size. There are curbs, and
Butters, on subdivision across the street from this proposed subdivision.
Hearing opened to the public. Appearing:
1. Cal Bachman. He stated that ail the parcels ere one-acre or greater.
The ordinance does not call for improvements on parcels of one-acre or larger.
It is their feeling that the request for the improvements for this sire lot
is unjustified. When everyone is talking about the energy crisis, the condltien
for street lighting seems wrong.
Discussed the waiving of the requirements.
Hearing closed to the public sad confined to the Board.
On motion ofSupervisor Winston, seconded by Supervisor Madigan and
carried, appeal of Corrine Waidroop, Verdi Vista tentative subdivision, of
conditions 10, 22 and 16 was denied.
AYES: Supervisors Lemke, Madigan, Winston and Chairman Richter
NOES: Supervisor Moseley
T7-4i8 PIIBLIC HEARING: HAGENRIDGE MlINOR, TENTATIVE SIIBDIVISION MAP: APPEAL OF THREE
The public hearing oa the Hagearidge Manar, tentative subdivision
map appeal of three conditions, 21 Tots, north side of Keefer Road, one-half
mile west of Cohasset Road, Chico, was held at this time. Mac Parker was present
and set out the background of this map. Condition 6 for construction of a ~
section of road, Keefer Boad explained by Mr. Bachman. Condition No. 13,
has bees worked out by the fire department; they have agreed to provide water
for fire protection. Condition No. 14, request for a recreation easement, line
along north side of Bock Creek be established. Easement discussed. It is an
access for a possible recreation area.
Discussed condition for the construction of one-half section of
road sad for the recreation easement.
Hearing opened to the public. Apps ariag:
1. Cal Bachman. There will be three lots that will have no
access oa to the County road. These are fairly large lots. The reiideats in
the area do not want the road widened. There will be a problem constructing
the one-half section of the road due to the present grade of the road.
rearing closed to the public and coaflned to theSoard.
Supervisor Winston said he would like to know vhy Planning Commission
asked for the recreational easement. Mr, Castleberry stated that the new State
law requires that where property faces a stream, as easement should be required.
Page 17.
March 1, 1977
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Access discussed. It vas felt that this development would create
a lot of traffic oa Keefer Rand, which is extremely narrow. Mr. Bachman
estimated that the coat for construction of the one-half section of the road
would be $17,000 for the upper portion and $18,000 for the lower portion or
a total of $35,000.
••• Supervisor itinston stated that the trucks could be controlled by the
posting of signs prohibfting The trucks from using the road. Mr. Castleberry
stated that Ppblic works Drep~,vere raorkiag with Highway Patrol regarding the
trucks using this road. •'
Mr. John Hagen, developer, spoke concerning the construction of
the one-half section of the road.
Oa motion of Supervisor Madigan, seconded by SupervieorWinstoa
tad unanimously carried, Condition No. 14, requiring a recreational easement,
was elis-inated from the conditions for this subdivision.
On motion of Supervisor Madigan, seconded by Supervisor Lemke
and unanimously carried, agreement with fire department for the subdivision
to provide water for fire protection vas approved, being Condition No. 6.
Oa•motioa of Supervisor Madigan, seconded by Supervisor Richter
and carried, the balance of the appeal of conditions for the Hangenridge
Manor tentative subdivision map was denied.
AYES: Supervisors Lemke, Madigan, Moseley and Chairman Richter
NOES: Supervisor Winston
77-419 PUBLIC HEARING: MYERS STREET ASSESSMENT DISTRICT: ADOPT RESOLUTIONS
~i•J6s-77-37. 77-38. 77-39 and 77-40- HEARING SST FOR APRIL 5 1477 at 9.45 a m
Robert Srunsell, assessment district attorney, present to discuss
the resolutions for the farmatioa of Myers Street Assessment District. He
atated that there were five resolutions to be adopted that would Iead up to t}xe
public hearing as the farmatioa. Estimated costs for the improvements,
$900,000.
On motion of Supervisor Winston, seconded by Supervisor Lemke
and unanimously carried, the following resolutions were adopted:
Resolution 77-36 - Approving boundary map
Resalutioa 77-37 - Appointing Engineer of work cad authorising execution
of agreement
Resolution 77-38 - Appointing Special Bond Counsel and authorising
execution of agreement
Resolution 77-39 - Setting time and place for hearing far determining
public convenience cad necessity for the improvements
and acquisitions to be made
Resolution 77-40 - of Intention
RHCESS: 11:00
RE0C1Np8NED: 11:10
77-420 PUBLIC HEARING: TOM ROGERS-APPEAL OF CONDITION 3 REQUIRING INSTALLATION OF
CURB, GUTTER AND SIDEWALK FOR SUBDIVISION, AP 36-54-09, 16 lots, NORTHEAST CORNER
Ofi FOOTHILL BLVD. AND OROVILLE-BANGOR HIGHWAY„ ORdVILLE
The;' continued hearing oa the Tosi•Rogers appeal of Condition 3 requiring
Page 18.
March i, 1977
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installation of curb, gutter sad sidewalk for subdivisiea, AP 36-54-09, lb lots,
northeast corner of Foothill Blvd. sad Oroville-Bangor Highway, Oroville.
vas held at this time. Mr. Castleberry stated he still felt that the installation
of curbs, gutters and sidewalk for thin subdivision should be required. Under
the aem policy, they could sign as agreement for the postponement for the
improvements and deposit funds for the work is the future.
1. Mr. Geddis clarified some erroneous information he had given eo the
Board last week. There are oak trees on the property. He has talked to hie
clients and they have agreed that they will be`.id:a curb and gutter situation.
They would like to ask about the placement of the curbs and gutters. Theq
would appreciate it if they were allowed to place the curbs about 17' from.•
the centerline of the road to protect the oak trees. The sidewalk cwld be
placed behind the oak trees to save the trees from being destroyed.
Mr. Castleberry explained haw the developer could avoid cutting dawn
the trees. 8e felt that Mr. Geddis's suggestion wan good. The walkway could
be behind the trees sad thus nave the trees.
2. Gail Wallace. She asked if shin mould be a swampy area to build
homes as there are cottonwood trees. Mr. Castleberry said that the property
had been leveled off sad the soil is rocky. The buildings mill be sofa because
they are required to make sure that the foundations are good. She also
questioned the Board about the walkways going to nowhere.
Mr. Castleberry recommended that the8oard consider Mr. Geddis'
proposal and approve them ss conditions.
On motion of Supervisor Winston, seconded by 5upervieor Madigan
and unanimously carried, the Board approved the conditions as set out by
Mr. Geddis on the Tom Rogers appeal of condition 3 requiring installation of
curb, gutter and sidewalk for subdivision, AP 36-54-09, 16 lots, northeast
corner of Foothill Slvd, sad Oroville-Bangor Highway, Oroville, allowing the
curbs to be placed about 17' from the centerline of the road to protect the
oak trees, and the plaMng of the sidewalk behind the oak trees to avoid the
removal of the trees.
77-421 PUBLIC BEARING: CLOSED HEARING-HARVEY NELSON: APPEAL OF CONDITION REQUIRING
INSTALTATION OF CURB, GUTTER AND SIDEWALK FOR TENTATIgE PARCEL Mlle, AP 36-47-30,
4 lots, WEST SIDE OF EDGSMONT DRIVE, 200 FEET NORTH OF OR09ILL6-BANGOR
HIGHWAY. OROVILLE
Continuation of closed hearing on the Harvey Nelson appeal of condition
requiring installation of curb, gutter and sidewalk for tei~tativeapareel map,
AP 36-47-30, 4 Iota, west side of Edgemont Drive, 200 feet north of•Oroville-
Bangor Highway, Oroville held at this time. Discussed the signing by the
developer of as agreement for the installation of improvements at a later date.
People purchasing the lots will have knowledge that the original land owner
has agreed to the improvements th:t will run with the land.
Oa motion of Supesvisor Winston, seconded by Supervisor Madigan
and carried, appeal of Harvey Nelson of condition requiring installation of curb,
gutter sad sidewalk for tentative parcel map, AP 36-47-30, 4 lots, meat side
of 8dgement Drive, 200 £eeC north of Oroville-Bangor Highway, Oroville, was upheld
subject to (1) the developer signing a covenant to the Iand mhereby the owner
will not resist inclusion is an assessment district that might be formed for the
installation of the said improvements and (2) that the Public Works Director may
determine when curbs, gutters and sidewalks may be required and the owner
agrees not to resist the installation of said curbs, gutters and sidewalks.
AYES: Supervisors Lemke, Madigan, Winston and Chairman Richter
NOES; Supervisor Moseley pie ly,
March i, 1977
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77-422 APPEARANCE: JAMS AAIdSON, OxOVILLE
James Hanson, Oroviile, presented the Board members information from
Contra Costa TRIM Committee. This is a reform committee. He suggested that
maybe such a committee should be formed in Butte County.
Mr. Samson said he understood that the mining ordinance would
be discussed. County Counsel stated that the mining ordinance would be on
nezt weekssagenda.
77-423 APPEAitAtiCE: DON BLAB-DRILLING OF WELLS
Don Blake presented an analysis prepared by Miaasian and Minasiaa,
attornegs at law, concerning recommendations on SB 267. At thin time, SB 267
has gone through the Senate without opposition sad it is before the Assembly
now. It ie felt that there will be ao problems with it going through the
Assembly. It will then have to be signed by the Governor.
The bill appears to be a method far which prescriptive rights could
be established. If that is true, Che plan to pump water out of northern
California is not dead. ~'
Mr. Blake stated he would like to have the Committee kept active
for the present. Suggested that a water element to the General Piea be draws
up.
It was felt the County should wait until the first bill goes
through the Assembly and is signed by the Governor before theq take nay
action.
77-424 APPEARANCE: ORRLN STRATTON CSICO-PRESIDENT OF BUTTE COUNTY TABfA~RS ASSO•
Orris Stratton, Chico, showed a copy of the 1971-72 budget and the
1976-77 budget, which is ^much;~*_ thicker than the 1971-72 budget. He said that
the taxpayers are in dire straights. He hoped that the Board will work with
the State organization sad with say other avenue that discourages the practice
bq the Legislature such as SB 40. State Legislature passes the bills but
they do not send funds to the County to have the bills handled.
The hearing on animal control enforcement for 1leenae fees and door
to door canvassing held at this time. The proposal given to the Board suggests
an increase in licensee for dogs. Fees discussed.
Hearing opened to the public. Appearing:
1. Orrin Stratton. This is an area Chat lends itself to being
self-supporting. It should not be on the General Budget of the County; it
should be on a users-take basis. He lived is Los Angeles County and they
had a similar ordinance. Once a year they sent a man out and he picked
up the mosey for the dog license. If Chia County had such a system, would not
have the problem of dogs running around without licenses. The dogs have to
be properly vaccinated prior to the license being issued to the dog owner.
2. Jim Ladd, Oroville. He is is agreement with the user-paid
service. The Board would like Co have dog owners pay the costs for this
department. Dogs are not all that are handled by the department; there
are animals of all kinds. Se daea not believe that the Board wants to make
it prohibitive for people to own doge. Suggested chat the fee for licensing
the dog be nominal; the fee fox having a dog running loose bothering people
should be high. Chairman Richter stated that in some parts of theCounty,
Page 20.
March 1, 1977
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~he Ju~ggicensin°gtdogied~ecu~ee~on when his dag is in violation. Peaelty
or ao
Mr. Warren Humbert, Chairman of Paradise MAC, stated that at
their last meeting it was felt that the increasing of the dog licensing
would be unfair to the people that have been buying the dog licensee.
They did feel that the door-to-door canvassing would be good.
4. Ma. Catherine Scott, asked horn the County would let the people
know about the increase in rates if as unlicensed dog is caught. She is
referring to the people whose income is not great and they do not take a
newspaper. How will these people be informed.
5. Don Slake. tie asked how big the animal control wait was
going to get; canvassers will Increase the budget.
Chairman Richter stated he did a survey of ad~oiaing counties
of a similar nine. Yelo County has a county-wide program and have 8 budget
of $124,000 and they collected $116000 in license fees. They had clinics
that were advertised and they sold licenses at the same time. The eanvaa
is a one time thing on as intensive scale; after the first eaavas, then
only work certain areas. Once a dog is licensed, then there is a record
and the owner csa be billed yearly.
Jim Reekerby explained haw the canvas could be made by CETA
personnel. Personae! is prepared to follow through sad provide the personnel
to do the canvassing. They could go through the County in a four-month
period of time. Following that, they could do a follow np on those dogs that
do not have a license.
This concept has been discussed with theCitq of Oroville, also with
Chico City !tanager. They were in agreement with this concept.
I€ the Board decides to have this canvas, there should be ea
extensive education of the people to do the cam-aasiag. They should be
Fully instructed.
Deputy Ken Wilson, Sr. Animal Control Officer for the County, stated
that this department is in favor of this canvassing of the County for the
registration of the doge. If the dog doesn't wear the Iicenae, then the
owner should be sited.
Steve Musaelman, Administrative Analyist, spots on the matter.
The main throat of this has been started. Thin will provide a better way to
identify the dog crentiag the problem. Thin program has worked well in
Yolo County, also in Sacramento County.
Aiscussed; no action taken at this time.
SECESS: 12:1D
RECONVENED: 1:00
Page 21.
Harch 1, 1977
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77-426 pU$LIC HEARING: FOUR NEW ELEMENTS TO BUTTE COUNTY GENERAL•PLAN
ADOPT ORDINANCE 1799: ORDINANCE AMENDING CHAPTER 2 OF THE BUTTE COUNTY
CORE TO ALLOW A MAJORITY OF THE PLANNING COMMISSION QUORUM TO ACT ON
PLANNING TTEMS ELEMENTS DISCUSSED: NOISE SEISMIC SdFETY 6 SCENIC HIGBWAYS
The public hearing on the four new elements to t e Butte ounty
General Planrwas held as advertised, Chairman Richter stated that there
are three different proposed revisions that are before the Board today.
The co~ittee.made•recommended changes; the Planning Commission made
recommendations; and Chairman Richter waded recommended changes.
On motion of Supervisor Lemke, seconded by Supervisor Madigan
and carried, the Planning Commission is~afficially asked to meet on
Tharsday, March 3, 1977 to review all of the different proposals that
might come•out of this meeting. AYES: Supervisors Lemke, Madigan,
Moseleq and Chairman Richter. ABSTAINING: Supervisor Winston.
Supervisor Winston questioned the possible violation of the
hearing process. Chairman Richter made comments to Supervisor Winaton's
statements.
Hearing open to the public. Appearing:
1. Frank Stewart, Diamond International, Red Bluff. Mr. Stewart
stated that he was concerned with Table III-3, Fire Hazard Sub-Element, on
Page III-22, item ~~k, policy and implementation. Ali of Diamond International
land falle•in Chis area. Also, of concern is item X10, Page III-23, findings
and policy. Mr. Stewart stated that the company is presently under forest
practices Act and are regulated by the Act. Other concerns that Diamond
National has is Page V-12, item #7 d., ~~7 e. under implementations. Mr,
Stewart asked for clarification.
2. Russ Kroainger, Ringel and Associates. Mr. Kroninger preaeated
the Board with a hand out concerning the scenic highway element. Mr. Kroninger
stated that if undergrounding were required on all parcel maps the cost would
be considerable.
Clay Castleberry, Puhlic Works Director, stated that he had
contacted P.G. & E, aodcerning undergrounding of utility lines.
3. Jerry Everhard, Magalia. Mr. Everhard stated that he ie
concerned with the proposed four elements. Macy of the terms are fine
for guidelines but not for hard and fast rules.
4. Devere Pace, representing the Butte County Farm Bureau.
Mr. Pace stated that the element he is most concerned with is the scenic
highway element. The requiring of corridors would be detrimental to the
farmers. Mr. Pace stated that he hoped the board could relieve the
farmers from some of the noise element. Many of the farm noises are not
controllable.
5. Jim Ledd, Oroville. Mr. Ladd stated that there were several
areas of the proposed plea that he was opposed to. Mr. Ladd stated that
he daea~t feel that elopes in the seismic safety element should ~ ~ be is
the element. The scenic highway element ie a dangerous e~bemeat. Butte
County does not have an extremenfire hazard. The adoption of a uniform
fire code would be a very bad thing for Sutte County.
Hearing closed to the public and confined to the Board.
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March 1, 1977
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Discussion of sending recommended changes back to the Planning
Commission had at this time.
Supervisor Lemke stated that he would like to see•oae of the
recommended changes under Table III-3, Fire Hazard Sub-Element, on Page
III-23, item X10, under policy, read with the•additioa of "excepting those
uses regulated by Forest Practices Act". ._._.
The Board members should present any type•of written recommendations
to the Planning Commission for their consideration.
Supervisor Lemke stated that with the establiahmeat of new criteria
for scenic highways possibly there will have to be additions and deletions
•from the present scenic highway cone. 1'he•sceaic highway rose is in
______ contradiction to the proposed scenic highway element.
Discussion•o~ pioceduse by vhich•the`~P a~i'~ Commission forwards
ire report to the Board .'had at this time.
Dan Slaclcstock, County Counsel, stated that he had talked to the
Attorney General's office and that they could fo:asee•no problem relative
to a short exteaeion•o€ time.
On motion of Supervisor Lemke, seccaded by Supervisor Moseley
and carried, a majority of the Planning Commission quorum is sufficient
to take action on the report beck to the Board oa the four missing•elements;
adopt Ordinance 1799 aad authorized the Chairman to sign. AYES: Supervisors
• Lemke, Madigan, Moseley and Chairman Richter. NOES: Supervisor Winston.
The hearing is ccatinued to March B. 1977 at 1:30 v.m.
77-427 CONTINUED PUBLIC HEARING: EVANDER AND LELA DILLARD - APPEAL OF NON-
ISSUANCE OF BUILDING PERMIT TO CONSTRUCT FACILITIES FOR A MOBILE HOME ON
The continued public hearing of Evander sad Lela Dillard's
appeal of non-issuance of building permit to construct facilities for a
mobile home on AP 30-181-23 pursuant to subdivision ordinance Sections 2p-66
and 20160 was held at this time. Clay Castleberry, Public Works Director,
set out the background of the appeal. The driveway is 15 or 20 feet wide.
The building permit is for a third residence. The right-of-way is not
large enough for that many residences. The Board would have to waive
the 60-foot right-of-way requirement.
Discussion of possible ways to create a 60-foot right-of-way
for the property had at this time.
On motion of Supervisor Winston, seconded by Supervisor Madigan
and carried, the appeal of Evander and Lela Dillard was denied. AYES:
Supervisors Lemke, Madigan, Winston and Chairman Richter. NOES: Supervisor.
Moseley.
77-428 PLANNING COMMISSION INVITED TO HOLD PUBLIC HEARING ON STATE AEPARTMEPPP
OF PARKS AND RECREATION REQUEST FOR ESTABLISHMENT OF A SEAPLANE LANDING
AREA ON LAKE OROVILLE.
On motion of 6upervisor Madigan, seconded by Supervisor Winston
and unanimously carried, the Planning Commission is invited to hold public
hearing on the State Department of Parke and Recreation request for e~tablish-
ment of a seaplane landing area oa Lake Oroville.
77-429 WAIVE SECOND READING: ADOPT ORDINANCE 1800: SALARY ORDINANCE AMENDMENT
RECLASSIFYING AN ENGINEERING POSITION TN PUBLIC HORRS AND IN C.E.T.A. AND ADDS
March 1, 1977
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and unanimously carried, the aecondcreadiag of the salary ordinance amendment
reclassifying an engineering position in Public Works and is C.E.T.A, sad
adding two building inspector positions waa waived; Ordinance 1800 was
adopted and the Chairman authorized to alga.
77-k30 APPROVE CETA TITLE I MODIFICATION 703 AND AUi`HORIZED MANPOWER DIRECTOR
ro sIGN.
On motion of Supervisor Lemke, seconded by Supervisor Madigan and
unanimously carried, CETA Title I Modification 703 was approved and the
Manpower Director was authorized to sign,
77-431 REPORT: INFORMATION ITEM ON CETA SY J1:M RACKERBY PERSONNEL DIRECTOR
Jim Rackerby, Personnel Director, stated that there are now 750,000
positions in CETA instead of 300,000. Mr. Rackerby stated that his office
has received information to commence hiring immediatelq. ~'he new plan will
take Butte County from about 700 PSE and Title T emp~o8ees to over 1,200
employees within the next few months. There will be a need for more
administrative help, The first 80 positions are being filled now.
77-432 APPROVE REVENUE 57iARIN COMMITTEB GUIDELINES.
On motion of Supervisor Winston, seconded by Supervisor Madigan
and unanimously carried, the functions of the Revenue Sharing CommitCee
are as follows:
Hold advertised hearings in various communities in order to obtain
public input as to the specific type of projects desired sad how
revenue sharing could be utilized.
Make recommendations to the Board on proposed uses of all available
r revenue sharing funds fhraugh the 1977-78 budget year and in addition
recommend policy guidelines for the Board's use of revenue sharing
~""--`- in subse ueat_ entitlements_per_iod_s. --- ----------- - -
77-k33 DISCUSSION: LOCAL AGENCY FORMATION COl~IIfI55I0N RELATING TO MINNIE
' GRAY .LINES AND FULFiLLM$NT OF CONDITIONS ON PARCEL MAPS AND SAFE DOMESTIC
WATHR.
Chairman RichCer stated that there are people who want to
split their property and use the Minnie Gray lines. The puggeate~l pblicy
would be that if people want to use the water then they should get
filtration.
Aiacuasion of possibly charging for a permit yearly that would
inspire the people to take the incentive sad get on a water system. had
at this time.
Howard Toussaint, County Sanitarian, stated that he was satisfied
with the present lot split Ordinance regarding water.
Mr. Touesai:At to came back to the Board with a recommendation.
77-k34 DISCUSSIONS ADOPTION OF UNIFORM FIRE CODE
John Thurmon, Deputy Chief, Butte County Fire Department was
present to 8iscuas the adoption ofjthe uniform fire code. Mr. Thurmon
stated that the building department had been cooperating with the fire
department in regard to permits. If there is a uniform fire code then
the requirements would be in•order. There are many problems that arise
where a code could be of great help.
The hearing oa the Uniform Fire Code is set for t3arch 22, 1977 ~
at 11:15 a.m. The hearing is to be~published. -
e
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w s s w s s s se w s w w w s sas~ ~+r lit7fe s r. w a ve r s s s: w a ve s
77-435 APPROVE BUDGE TRANSFER.
On motion of Supervisor Lemke, seconded by Supervisor Moseley j
and unanimously carried, the following budget transfer was approved:
Community Action A enc .. End Job~9killa ect. This
transfer establishes the budget for the E.O.C. Energy Job Skills Pro3ect
brought about by X27,712.15 grant which was approved by the State of
California and accepted by the Board of Supervisors: The budget includes:
a d otheracoatsgB9' ffi22,360i fringe benefits, ~Q,031.51; travel, $632.40;
~bg8.24.
77-436 APPROVE COATRACT fiITH PSGGY 9HERMAN. TECI~IICAL CONSULTANT CONTRACT.
Oa motion of Supervisor Lemke, seconded by Supervlsor Madigan ~
and unanimously carried, the technical consultant contract with Peggy
Sherman to conduct staff training of E.O.C, and Bead Start employees in
time management and follow-up evaluation was approved for the period
March 14 through March 28 at a coat not to exceed $125 and the Chairman '
authorized to sign.
77-437 APPROVE RENE4IAL OF VAR]'ANCES EO SECTIONS 19-10 AND/OR 19-12 OF TTdE
BUTTE COUNTY GODS
On•motion of Supervisor Lemke, seconded by Supervisor Madigan
and unanimously carried, the following renewal of variances was approved:
1. Kent A. Murphy, renewal of variance to Sections 19-10 and/or
I9 /12 of the Butte County Code for placement of mobile home at 6290 Carmel
Avenue, Oroville, AP 36-30-01, zoning AR-MH.
2. Floyd Ridenour, renewal of variance to Sections 19-10 and/or
19-12 of the Butte County Code for placement of laobile home at 740 Northgraves
Avenue, Chico, AP 39-31-03, zoning A-10.
3. Reginald Stevens, renewal of variance to Sections 19-10 and/or
19-12 of the Butte County Code for placement of mobile home at 4115 Foothill
Blvd., Oroville, AP 36-32-23, zoning A-3.
4. Lawrence Towner, renewal of variance of Sections 19-10 and/or
19-12 of the Butte County Code for placement of mobile home at Rt. 1, Sox 534,
Durham, AP 40-30-01, zoning A-5.
77-438 APPROVE AUCTIONEER'S BOND AND LICENSE - PAUL HARBOUR
On motion of Supervisor Moseley, seconded by Supervisor Lemke
and unanimously carried, Auctioneer's bond sad license for Paul Harbour
was approved.
77-439 DENY REQUEST FOR PENALTY RELIEF FOR RITA M. HAWRINS
Carl Morton, Tas Collector, aettodt the background of the request
for penalty relief for Rita M. Hawkingsfor AP 66-30-08.
On motion of Supervisor Winston, seconded by Supervisor Lemke
sad unanimously carried, the request of Rita M. Hawklagsfos peaalty•relief ~
oa AP 66-30-08 was denied.~.~'-"'"""""°`-""-~ - --•~~~
77-440 ROVE AGREEMENT R SALE RIGED<-OF-WAY A UISITION BALD 80 GOAD
On motion of Superrrieor Winston,•Beconded by Supervisor ldad~.gaa
•aad unanimously carried, approved agreements for sale for right-ofvay
• ___-acquisition, authorized.•Chaizsasn to siga~aad authorized Auditor to issue
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March 1, 1977
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a r r r r r s r r r r r r rrr ~~~ ~~ 1i7~ at r r r r r r• r r r r r r
Warrant upon demand of Countyta escrow agent for the follawingi
Bald Rack Rd, Arthur•L. Spencer 0.296 $355 -0- $355
44605A-71-2
" " Milo J. Chisholm 0.034 $100 -0- $100
77-441 ADDITIONAL PITBLIC WORRS_ITSM5 PRESENTED_BY CLAY CASTLEBERRY
Clsy Castleberry, Public Works Director, stated that the bids
had been opened fox the Oroville-Quincy Highway (PAS Project V366(1)).
The low bidder was John McAmis of Chico with a bid of $318,950. Mr.
Castleberry asked that the bid not be awarded yet as the negative
declaration was being questioned.
Mr. Castleberry reported on the sidewalks in the Chica urban
area. The Board had previously extended an offer to the Chico School
District for making the sidewalk improvements.
The road tour will be on March 14, 1977 leaving at 8:00 a.m.
from the Public Works Aepartmeat.
Mr. Castleberry reported on the workload in hie department.
There ie a building iaspectioa probd<em within the department. There is
e three to four week delay in building permits.
Discussion of staffing problems in the Public Worlcs Department
had at this time.
77-442 PDBLIC HEARING DATE SET: LT. R. E. CHERRY, ETAL - REZONE FROM "A-2"
to "TM-40" FOR 1,572.94 ACRE5, MORE OR LESS, LOCATED ALONG BOTH SIDES OF
LITTLE CHICO CREEK. 1/2 MILE_ EAST OF_STATS HWY,_32,_AT TEN MILE HOUSE.
A public hearing date of March•22, 1977 at 1Os00 a.m, was set
for the Lt, R, E. Cherry, etal rezone from "A»2" to "TM-40" for 1,572.94
acres, more or less, located along both sides of Little Chico Creek, 1/2
mile east of State Hwy. 32, at Ten Mile House,
77-443 WALVE FIRST READING: ORDINANCE AMENDING ARTICLE V QF CHAPTER 21 OF
THE BUTTE COUNTY CODE AUTHORIZING REASSESS[~NT OF PROPERTY DAMAGES OR
DESC80YID BY MISFORTUNE OR CALAMITY.
On motion of S~pexvisor Winston, seconded by Supervisor Madigan,
and unanimously carried, the first reading of the Ordinance amending
Article V of Chapter Y1oof the Butte County Code authorizing reassessment
of property damaged ar destroyed by misfortune or calamity was waived.
77_44y, ADOPT RESOLUTION 77-41: AMENDMENT OF RESOLUTION AUTHORIZING THE
TREASUEtER_TO_INVEST IN THE STATE LOCAL AGENCY INVESTMENT FUND.
On motion of Supervisor Winston, seconded by Supervisor Lemke
and unanimously carried, Resolution 77-41 amendment of resolution authorizing
the Treasurer to invest in the State Local Agency Investment Fund was adopted
and the Chairman authorized to sign.
77-445 DISCUSSION: ENVIRONMENTAL REVIEW FILING OF FEES FOR WAIVER OF PARCEL
MAPS AND FOR WHEN APPLICATION I3 MADE FOR TWO OR MORE PROJECTS AT THE 5AME
T REFERRED TO E I R DIRECTOR.
Dan Blackstock, County Counsel, stated that the Planning Department
had sent the Board a letter. A policy decision ie needed relative to fees
for waiver of parcel maps and for when application is made for two or more
projects at Che same time. A miscellaneous category could be set up to
handle this type of waiver.
~••••~-- .-~,-. Letter referred to the 8IR director for his recommmndation.
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March 1, 1977
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77-446 APPOINTI~NT OF $,,~ARD M@ffiERS~_YO CSA_C__COt4~iITTEE5
Chairman Richter and Supervisor Winston are appointed.to the
Revenue and Taxation committee for CSAS. Supervisor Lemke ie appointed
to the Transportation and Public Works committee. Supervisor Madigan
is appointed to the Administration of Justice committee. Supervisor
Moseley is appointed to the Housing aad Community Development plus
Governmental Operations committee.
77-447 .APPOINTTiENT OF, JOHN THURMAN,TEIRE•REPRESENTATIVE, TO EMERGENCY
MED_I_CAL SELtVICES_COMMITTEEervieor Moseley, seconded by Supervisor Winston
and unanimously carried, John Thuroran was appointed fire representative
to the Emergency Medical Services Committee.
77:448 APPOINTkiEN,TS.~0.,4.T,C,Oggy,.ADVISORY BOARD AND CITIZENS ADVISORY COMMTT'rEE
ON ARUG ABUSE PUT OVER ONE iiEEK
The appointments to the Alcohol Advisory Board and the Citizens
Advisory Committee on Drug Abuse was put over until next week, March 8,
1.977 .
77-449 APPOINTMENPS TO MENTAL HEALTH ADVISORY BOARD
On motion of Supervisor Winston, seconded by Supervisor Moseley
and unanimously carried, the following appointments were made to the Mental
Health Advisory Board;
Mrs. Betty•Raadolph, Oroville, Parent of Consumer
Bernie Pratt, Chico, Parent of Consumer
Dorothy Sp]u~}bz'r, Chico,~Parent of Consumer
Marge Frederickson, Chico, Parent of Consumer
Alice Sliger, Gridley, General Public
77-450 d~EDRMATE0N1ffiTANBSDISCH65T~ ETEEiB.4',B 7'~F'ixsEftS
Supervisor Moseley stated that she was concerned about the
Community Convalescent Hospital. Supervisor Moseley was advised that
that a suggestion hoe been made that the •representatives from the State
Department of Health and the owners nit down and discuss the situation.
Supervisor Lemke requested that Bob Malquist, Public Works,
be planed in the street renaming pro,~ect full time until the job•is done.
The project is going into its third year. Supervisor Lemke would like
to have copies of changes for public works, the•post office, owners and
notification made to all emergency services.
Supervisor Lemke stated that the Ridge Runners Square Dancing
organization has spent considerable time and effort oa improving the
Paradise Memorial Hall. Supervisor Lemke would Like to see the fens
charged to the Square Dancers lowered for the work Chat they have done.
Clif Nickelson, Administrative Officer, fa to follow through on this.
Supervisor Madigan reported on the executive Board session
that was•Eeld last Friday. A.resolution was gassed for reconsideration
of funds for Auburn Dam and Auburn Folsom South,projecte.
Clif Nickelson, Administrative Officer, reported that he amd
Fred Davie, Chico City Manager, will be going over the final approval for
701 Planning Grant for Chapman Town.
77-451 BOARD RESTATES OFFER FOR C~IICO SHERIFF SUBSTATION BUILDING AT 479
~RK_AV$NUE. CHICO.
...-____ T ,,,_~ Clif Miokelson, Administrative Officer, stated that Mr. Freedman
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• lurch 1, 1977
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March 1, 1977
s s s s s s r r r s s s r s r r s s ~r r• # s a s s c s s s s s s s: s s r s
had recc#ved the Hoard's offer of y~75,000 for the CBP building in Chico.
Tor. Freedman counter-offered toith a price of $80,000.
On motion of Supervisor Winston, seconded by Supervisor Lemke
sad unanimously carried, the Soard restated their offer of $75,000 to Tor.
Freedman for the C3~ building in Chico, and wi31 go ao higher.
ADJOURNMENT:
There being nothiag further before the Hoard at this time the
Board adjourned at 3:40 p.m. to reconvene oa Tueadey, March 8, 1977 at
9:00 a.m.
ATTEST: CLARK A. NELSON, COANTX CLERK
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Chairman, Soard of Supervisors
By: -
Board of pervisora Clerk
Page 28.
March 1, 1977