HomeMy WebLinkAboutM033076~''` /'"~
STATE OF CALIFORNIA
COUNTY OF BUTTE
March 30, (976
SS.
The Board of Supervisors mer at 9:00 a.m. pursuant to adjournment.
Present: Supervisors Ladd, Madigan, McKilbp, Richter and Chairman Cameron,
CIS M'~ckelson, Administrative Officer, Dan Blackstock, County Counsel, and
Clark A. Nelson, County Clerk, by Margie Cott, Board of Supervisors Clerk.
Pledge of allegiance ro the Flag of the United States of America.
76-465 APPROVAL OF MINUTES
On motion o Supervisor McKillop, seconded by Supervisor Ladd and
unanimously carried, the minutes of March 23, 1976 were approved as mailed.
76,466 COMMUNICATIONS
ur am Recreat on an Park District. The District requests, an extension of time
/ 0Q,5 ~ ro Mayif-,•1476 in filing their conflict of interest code. A telephone call was
also received from Kimshew Cemetery District. Discussed; so motion.
Gridley Memorial Hall Committee. The Committee asks that Mr. i-lerbert Perkins
5.0 ! ~ O 0 be appointed to replace Wi I liam F. Channon, deceased, as a member of
the Gridley Memorial Hall Committee. See motion following communications.
Leoguebf Women Voters. _The Lease writes concerning two items: offering their
?~ C,' A. 0 (~ services on a citizens advisory group to assist in formulating a policy for the
County Health Department and selection of new Director(s), and in support
of reopening a public hearing on the Stilson Canyon rezoning. Letter ro be
written ro them in appreciation of their oFFer. Rezoning ro be discussed April 6th.
City of Chico. The City writes Inviting the Board ro hold any hearings in Chico
~ Q 0. ~0 which involve rezoning or other matters in the Chico area and offer the use of the
new Council-Chamber Building.'Information on~,_ __- _ _ _ _ ~ ~ , ~ _~
City of Chico. The City Council requests that a committee be estoblished with
TJ ~ <r.00 respect to limited bumi~g. regulations in the Chico urban area; committee ro be
wmprised of two members appointed by the Board, two by the Council,
and the fifth by the other Four members. Supervisors Madigan and Richter will
have names for consideration for appointment next weak.
Loco] Agency Formation Commission. The Commission advises that the term of •
/ 0 O . ~ `~ Supervisor Richter as a regular member on LAFC expires May, 1976, and
requests that he be reappointed. See motion following communications.
Comprehensive Health Planning Association. The Council forwards nominee of
3 0 ~.• 0 ~ consumer members ro the area's Health Systems Agency and asks that the
Board appoint four members, Chairman Cameron reported on this matter.
Names submitted discussed. No action taken at this time.
plumas Notional Forest. Submit rood maintainance alternatives. Referred ro Clay
Castleberry, Director of Public Works. He will report back to the Board
on this matter. page 218. `
March 30, 1976
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76-467 EXTEND TIME TO FILE CONFLICT OF INTEREST CODES: DURHAM RECREATION
& PARK DISTRICT: KIMSHEW CEMETERY ~ BUTTE COUNTY FAIR BOARD
On motion•o Supervisor La , sewn e y Supervisor McKi op and
unanimously carried, extension of time for filing conflict of interest codes was
granted to the Durham Recreation and Park Diskictand to Kimshew Cemetery
District ro May I, 1976 and ro Butte County Fair Board to September 1, 1976.
76-468 APPROVE APPOINTMENT TO GRIDLEY MEMORIAL HALL COMMITTEE
n motion o pervrsor a , sewn e y perv sor rgan an
unanimously carried, Mr. Herbert Perkins was appoin#ed as a member of the
Gridley Memorial Hall Committee, ro fill the vacancy created by the death
of William F. Channon.
7b-469 APPROVE REAPPOINTMENF OF SUPERVISOR RICHTER AS MEMBER OF
LOCAL AGENCY FORMATION COMMISSION
On motion o Supervisor McKi op, seconded by Supervisor Madigan and
carried, Supervisor Richter was reappointed es a regular member of Local Agency
Formation Commission, said farm ro commence, May, 1476.
AYES: Supervisors Ladd, Madigan, McKillop and Chairman Cameron
NOES: Supervisor Richter
76470 DISCUSSION: CONTINUED OPERATION OF CHICO CLIPPER SERVICE
~•B ac stoc ,County Counse ,state t at a etter ro C ay Cast cherry,
Director of Public Works, from Paul Megg~ison, states that the Chico Clipper service
wou<Id be discontinued es of March 31st. The public should be advised that the taxi
service would not be running as the Chico Clipper Service. It should be made clear
to any reditor of Meggison that the County will not be responsible for any debts that
arose while he was in business. Sttuatfon set out by Mr. Blackstock.
Mr. Blackstock stated he would suggest that a letter ro sent ro Mr. Meggison
advising him that in view of his letter, the agreement with the County is null, void and
cancelled. In any event, the County will declare the contract void.
Future plans for operation of the business discussed.
It was moved by Supervisor Richter, seconded by Supervisor Ladd and
unanimously carried, that the creditors of Paul Megg~ison, operator of Chico Clipper
Service, be notified of the termination of the contract and that a letter of termination
of contract be sent to Paul Meggi son, also.
Mr. Castleberry said he would like fo suggest some alternatives. He feat
it was marvelous that they were able ro operate yesterday. He felt the service
should be continued this week. Mr. Castleberry felt the Board should authorize
him to work with the City of Chico ro invite proposals for the operation of the
service. Appointment of a committee ro bring back a recommendation for future
operation of this service discussed.
It was stated that the drivers of the vehicles that had been working far
Mr. MeggY~son owned their own vehicles and had their own insurance and they
were operating this service this week. It was stated that until a change was made,
payment should be authorized ro the people furnishing the service.
,.. - ,, Page 219.
March 30, 1976
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Supervisor Richter congradulated Public Works for their efforts that were
put out over the weekend in this matter. It was stated that the credit should go to the
employees; they have done a good job. They showed up yesterday morning not knowing
if they would `be paid or not. The operators will be collecting the tickets for the
balance of this week.
It was felt that the Board should approve the payment to the people that
have the cars and are operating the service. •Supervisor Richter felt that the D.A.
should look into the allegations made concerning Mr. Meggison.
Payment to the dispatcher and to the three operators discussed. It was
felt that the only responsible thing to do would be to secure an operator over in
the Chico area so the County would not be operating the business. Time spent
discussing the operation of the service.
Mr. Blackstock set out the action the Board should take and decision that
should be made. He asked if the Board wanted to have an agreement for the
temporary service; does the Board want the County to operate the business in
conjunction with the City of Chico; or should the present employees run the operation
for the remainder of the week. It was felt that the Auditor should pay the dispatcher
and the three operators for their services at the present time.
On motion of Supervisor McKillop, seconded by Supervisor Madigan and
unanimously carried, operation of the taxi service for the aged in Chico was
authorized on a temporary basis until next week, and County Counsel was instructed
to put together on agreement for the temporary operation of the service, to be
signed by the three operators.
76-471 APPROVE APPOINTMENTS TO HEALTH SYSTEMS AGENCY
On motion o Supervisor La , secon e y Supervisor Richter and
unanimously carried, the following were appointed to the Health Systems Agency
Council, as consumer members:
Margaret Worley, 787 Filbert Avenue, Chico
Art Gilman, 79 Ord Ferry Road, Durham
S. Eldon Cully, Route !, Box 902, Gridley
Lewis Forbes, 3060 Greenville, Oroville
76-472 APPROVE PREAPPLICATION FORCETA TITLE I: PREAPPLICATION FORCETA TITLE II:
AND MODIFICATION TO CETA TITLE VI
On motion o Superv sor cKi op, seconded by Supervisor Richter and
unanimously carried, the following action was taken:
I. Approved the preapplication far Fiscal Year 1976-77 for CETA Title I to
declare intent of Butte County's prime sponsorship for CETA Title I program activities
and the Manpower Director was authorized to sign.
2. Approved the preapplication for Fiscal Year 1976-77 for CETA Title II
and authorized the Monpower Director to sign.
3. Approved the Modification GMP-I for CETA Title VI and authorized
the Manpower Director to sign. Page 220.
March 30, 1976
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The summer youth program and the PSE activity discussed. It was wggested
that a fetter be sent to the Federal Government asking them if they are going ro Fund
the summer youth program and the PSE. program. There are some counties that
have exhausted all their funds. The County should urge the Federal Government ro
get on with their discussions of this matter. It was felt the County should support
CAC's position with regard to Federal monies allocated to the local governments.
On motion of Supervisor Me Killop, sewnded by Supervisor Richter and
unanimously carried, the Boord went on record supporting CSAC's position and
authorized a letter to be written urging the Federal Government to take action
and let us know what they intend to da with regards to the summer youth program and
the PSE program.
76-473 WAIVE FIRST READING OF SALARY ORDINANCE AMENDMENT: AND
APPROVE LEAVE OF ABSENCE
On motion o Superv sor Mc Killop, seconded by Supervisor Richter and
unanimously carried, the following action was taken:
I. Waived the first reading of the salary ordinance amendment which
reclassifies a vacant resident deputy sherifF to o regular deputy sheriff position
and reorganizes the Public Works Shop and Stores supervisory unit by reclassifying
the chief storekeeper to stores and vehicles service supervisor and the equipment shop
supervisor to a senior heavy equipment mechanic, was adopted and second reading
set for Tuesday, April b, 1976.
2. Authorized a six month non-compensated medical leave ofabsence
as requested by the Auditor for Sharon Cress, typist clerk, commencing Morch 30, 1476.
76-474 AUTHORfZE THE HEALTH AGENCY TO CONDUCT REQUIRED
TRUCK DRIVER PHYSICAL EXAMINATIONS
As provi e r in t e memorandum o understanding with the Employees'
Association dated October, 1975, a feasibility study has been completed as to
the possibility of the county providing physical examinations for employees required
to have a Class I or Class II drivers license. The Health Agency advises that such
examination could be conducted by the agency physician at a cost of approximately
$15. each. It is estimated approximately efght to ten physicals per year would be
required. Discussed.
On motion of Supervisor Richter, seconded by Supervisor McKillop and
carried, the Health Agency was authorized to conduct the required physicals at
county expense. AYES: Supervisors Madigan, Mc Killop, Richter and Chairman Cameron
NOES: Supervisor Ladd
76-475 PUI3LIC HEARING SET FOR HOUSING ~ COMMUNITY DEVELOPMENT:
WORKSHOP SET FOR APRIL 7
pu c eanng was set r pn 76 at 1:30 p.m. for the first hearing
on the full Housing and Community Development application for Fiscal Year 1976-77 and
a general worshop was set far April 7 to discuss current HCD activities in the south
Oroville area.
76-,476 ADOPT RESOLUTION 76-67 SETTING INDIGENT BURIAL SCHEDULE OF FEES
A reso ut~on as een prepare to amen t e ounty s uria po icy an sc edule
of fees for indigent burial and cremation costs. Casts set out by Clif Nickelson, Administroti~
Page 221.
March 30, 1976
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Officer. Rates discussed.
On motion of Supervisor Ladd, seconded by Supervisor McKillop and
unanimously carried, Resolution 76-67 setting indigent burial schedule of fees
was adopted and the Chairman authorized to sign.
75-477 BUDGET TRANSFERS APPROVED
Bu get Trans rs iscusse Transfer B-147 transfers $9,352.01 from the
reserve to support and care of person, Health Services-County Medical Services.
This would pay for alien and indigents medical care at the local hospitals.
Supervisor McKillop felt thaf the State and Federal Governments should do something
about this matter. Legislative laws wilt have to be passed to take care of these
people.
On motion of Supervisor Richter, seconded by Supervisor Madigan and
unanimously carried, the following budget transfers were approved, with the
deletion of B-147:
8-141 Bi~Rs Constable. Iranefers $100 from Board authorized travel
of office expense in order to allow for the purchase a£ additional forms
and California Standard Codea.
H-142 Oroville Justice Court. transfers $4,500 from the reserve to
professional and specialized services Ln order to cover the cost of
additional assigned judges.
8-144 Juvenile Hall. Transfers $190.80 of revenue sharing appropriation
in order ko cover the price increase on swing-away seats for Juvenile Hall that
was approved by the Soard on fiarch 2.
8-145 Forestry. transfers $20 from special departmental expense to
memberships in order to cover Lhe increasedcoet of membership with the
National Fire Protective Association.
It was moved by Supervisor Richter and seconded by Caainnan Cameron that
Budget Transfer B-147, Health Services-County Medical Services, transfering
$9,362.01 from the reserve to support and care of persons in order to provide an
appropriation to cover claims for illegal alien medical services approved by the
Board on March 23, 1975 be approved.
AYES: Supervisors Richter and Chairman Cameron
NOES: Supervisors Ladd, Madigan and MclCillop
MOTION FAILED.
.. .. Dr. Enloe asked if this meant chat they no longer needed to processes these
'forms and keep recorids. 'Supervisor McKillop felt the Department should continue to
... _...._..._____m_~ep the records so they tan be cpoke to at a later date.
1 t was moved by Supervisor McKliEep, recorded by supervisor Madigan and
°~ • unanimously carried, that keeping of the records regarding the ,alien •and transeient
• ••• medi.caf bills was authorized, as they have been kept in the past.
76-478 APPROVE DELETION OF CONDITION 4, PARCEL MAP -LAMES & BILtY
PHAELAN AP 44-44-29, 99E ~ EATON ROAD, CHICO
Cain, engineer rte eve oiler, es res that Condition 4 be
removed as a condition of the map, Condition 4 says show location of welt and
setback on Parcel i. parcel I is five acres and the Department does not feel this
condition is necessary and recommends it be defe#ed. Recommendation discussed.
• ~ .. ~,. , °, On motion of Supervisor RidSter_„ `°222. ~~ by Supervisor Lad~a~ch.30, 1976
_. _ . _ ~_ ge mO .
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unanimously carried, Condition 4 of the Parcel AMp of James and Billy Phaelan,
AP 44-X44-29, 99E and Eaton Rood, Chtco was approved to 6e deleted.
RECESS: 10:20
RECONVENED: 10;30
76-479 ADOPT RESOLUTION 76-b6 AUTHORIZING ABANDONMENT OF PORTION OF OLD STATE
HIGHWAY 40-A b BAGGETT-MARY5VILLE ROAD: WAIVED FIRST READING OF ORDINANCE
ESTABLISHING SPEED LIMIT ON EVANS REIMER ROAD ~ APPROVED AGREEMENTS FOR SALE
On motion of Supervisor Madigan, seconded by Supervisor McKillop and
unanimously carried, the following action was token:
I. Adopted Resolution 76-b8 authorizing abandonment of a portion of old
State Highway 40-A and Baggett-Marysville Road that Es no longer needed for road
purposes was adopted and theGhairman authorized to sign.
2. Waived first reading of ordinance establishing speed limit of 35 MPH on Evans
Reimer Read.
3. Approved following agreements for sale, authorized Chairman to sign and
authorized Auditor to issue warrants upon demand of County 's escrow agent, for the
acquisition of rights~ef~way:
Pro~ect_ Name Acres
- Price
'~ Im r. f
~ Total
C al rk Rcad A..1. Machuga ~7 ~~ $Tbl~
57452-74-I
" F. D. Russell 0.017 370 -0- 370
" A. E. Williams 0.058 2,52b -0- $2,526
?' F. A. Blumert 0.023 500 -0- 500
S. A. Fipps 0.026 1,12b -E?- 1,126
" C.A. Berto 0.025 I';~89 -0- 1,089
76-480 ADOPT RESOLUTION 76-69 AUTHORIZING ABANDONMENT OF A PORTION OF
OLD ORD FERRY ROAD (FORMERLY KNOWN AS CHICO-BUTTE CITY ROAD)
On motion o Supervisor Madigan, seconded y Supervisor Ladd and
unanimously carried, Resolution 76-69 for summary abandonment for a portion of old
Ord Ferry Road (formerly known as Ghico-Butte Ctty Road) was adopted and the
Chairman authorized to sign.
76-481 ADOPT RESOLUTION7b-70 AUTHORIZING ACQUISITION OF REAL PROPERTY BY
EMINENT DOMAIN NECESS~rRY FOR THE CONSTRUCTION OF OROVILLE-QUINCY
HIGHWAY BETWEEN BALD ROAD ROAD INTERSECTION AND LAKE MADRONE
n motion o Supervisor i op, seconded by Supervisor Ladd and
unanimously carried, Resolution 76-70 authorizing acquisition of real property by
eminent domain necessary for the construction of Oroville-Quincy Highway 27561-75-1
between Bald Rock Read intersection and Lake Madrone was adopted and the Chairman
authorized to sign.
76-482 REPORT ON FROC WATERLINE 810 BY DAN COOK
C ay Caste cry, pirector o Pu is o ,reported on the FROC waterline
bid by Dan Cook. He suggested that action be held off at this time. A list of
alternatives was presented; (I) could have a water line extension from Palermo Road
Page 223.
March 30, 1976
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to the site for fire prevention; could have a well tF1at would provide sufficient water
for fire prevention. Mr. Castleberry recommended that altemotive No. I be used.
Matter to be presented to the Board on Tuesday, April 6, 1976 for consideration.
76-483 REPORT ON FOREST SERVICE ROADS: DIRECTOR OF PUBLIC WORKS TO CALL
AND SUGGEST COMPROMI5E
C ay Caste rry, Director of Public Works, reported on the letter received
from Plumas County. A meeting is to 6e held in Challenge this afternoon to suggest
the maintenance of these forest service roads. He suggested that use of the roads 6e
cut down and only then close the road because of weather. The roads would be left
open unless physically closed due to weather conditions.
On motion of Supervisor McKillop, seconded by Supervisor Madigan and
unanimously carried, Mr. Castleberry was authorized to call the Forest Division,
Plumas National Forest, and suggest the compromise as set out at this time.
7b-484 DISCUSSION: IVY-WARNER AC4UISITION OF RIGHTS OF WAY
. Caste rry state a was to atten o meeting w t C ico City Council
to discuss the matter of the Ivy-Warner acquisitions of rightsof-way. He said it
has been suggested that the acquisition of these rights of woy have been kept secret.
No so. These have been discussed many times in open. They ore set out on the
City of Chico Master plan. Mute of these roads set out and discussed.
Urban development discussed. Mr. Castleberry will attend the meeting
tomorrow in Chico.
76-485 PUBLIC HEARING: FORMATION OF COUNTY SERVICE AREA NO. 56 (STREET-
LIGHTING-OLIVE GLEN ESTATES SUBDIVISION, OROVILLE) ADOPT-RE50LUTION 76-71
The public hea~Fng on t e ormation o County Service rea . street
lighting-0live Glen Estates Subdivision, Oroville) was •heid as advertised. Chairman
Cameron explained the purpose of the hearing. Clif Mickeison, Administrative Officer,
stated that this was for the formation of a new Service area and to set the tox rate
for the area. This has been through LA FCO.
Hearing opened to the public. Appearing: No one.
Heoring closed to the public and confined to the Board. It was stated that
an election will have b be held to determine if the district should be established
and to set the tax rate. Tax rate discussed. It was felt that the tax rate should be set
at .35.
On motion of Supervisor Mc~ilop, seconded by Supervisor Ladd and
unanimously carried, Resolution 76-71 for the formation of County Service Area
No. 56 and calling for an election to set the tax rate and for said Formation
was adopted, tax rate set at .35 and tlx Chairman was authorized to sign.
76-486 PUBLIC HEARING: ANNEXATION TO COUNTY SERVICE AREA NO. 40 (STREET
LIGHTING-SAN RAMONE DRIVE, CHICO) : ADOPT RESOLUTION 76-72
one puoitc nearing ror iris annexation to County Service Area No. 40 (street
fighting-San Ramone Drive, Chico) was held as advertised. Background of the area set out
by Mike Pyeatt.
.. Passe 224.
-.-_.~- _. ~.._.. -- -------- March 30, 1976
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Hearing opened to the public, Appearing: no one.
Hearing closed to the public and confined to the Board.
On motion of Supervisor Madigan, seconded by Supervisor Richter and
unanimously carried, Resolution 7672 re annexation in County Service Area No. 40
was adopted and the Chairman authorized In sign.
76-487 DISCUSSION: CHARTER AMENDMENT IMPLEMENTING PERSONNEL MERIT
SYSTE M
Dan Blackstock, County Counsel, stated that this charter amendment implement
personnel merit system was back on the agenda at this time for Board consideration.
Amendment explained. Supervisor Richter stated he would like a full discussion
of this matter. It was stated that Jim Rackerby, personnel direcfnr, would be present
shortly and the matter could be further discussed at; thattime.
76•-~i68 APPROVE REAPPOfNTMENT OF DISTRICT 3 REPRE5ENTATIVE TO PLANNING COM.
On mot ono Supervisor igan, sewn e y Supervisor Cameron an '
unanimously carried, Velma Smith was reappointed to the Planning Commission as
representative of pistrict No. 3, for a term of four years.
76-489 JOINT POWERS AGREEMENT-EMERGENCY MEDICAL GROUP: REPORT
c.nairman Lameron gave a snort report on the joint powers agreement for
the Emergency Medicgl•group. He stated the County has not actually received
an agreement to act upon. At this time, na action is necessary.
No action taken at this time.
76-490 APPEARANCE: RUSSI=LL GUIVER: REQUEST FOR PERMIT TO PLACE GAS
PUMPS A7 "THE OAKS" PRIOR TO COMPLETION OF APPEAL PERIOD
Russe Guiver, Pines Oa Raa , Orovi e, stated t at ' Oa s"'
had been made headquarters for the bass tournament. He had told them that
'The Oaks"would have gas for them. They received their approval Thursday
night from Planning for the use permit; he had forgotten that there would be an
appeal period. Planning Commission and Public Works told him to request this
Board to authorize the pumps to be installed, by the issuance of a permit on
Friday so that gas could be sold. If the appeal period shows Protestants to the
u•se permit, he will take the pumps out.
It was moved by Supervisor McICIlop, seconded by Supervisor Ladd and
carried, that the use permit for the placing of gas pumps of "The Oaks", subject to
approval of the punning Commission and subject to the appeal period, with that
stipulation stating that an agreement will be prepared in which Mr. Guiver agrees
to remove tha gas pumps if an appeal is sustained by the Board.
AYES: Supervisors Ladd, Madigan, McKillop and Chairman Cameron
NOES: Supervisor Richter
76-491 APPEARANCE: JAMES HANSON OROVILLE
James Manson, Orovi e, state tat ash week he had questioned the Board
about mining books out at Superior Court Law Library. Supervisor Madigan told
him that the Law Library Board had not had a meeting since that date. Mr. Hanson
requested that if these books wind not be found, then the Board obtain a copy of
the 1872 mining laws to be placed in the library. Supervisor Madigan will determine when ~
the next meeting will be held. Page 225. March 30, 1976
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76-492 APPEARANCE: MR. BYORK
Mr. Byork directed a question at Supervisor Richter concerning his vote last
week against the food Stamp program. Supervisor Richter explained why he had voted
against the program.
7b,493 APPROVE REFUND OF APPLICATION FEES: HERBERT CORBETT
On motion o Supervisor McKi op, seconded y Supervisor Ladd and unanimously
carried, a refund of application fees for land division and environmental review in the
amount of $35.0 was approved for Herbert Corbett.
76-494 APPROVE TENTATIVE PARCEL MAPS RECOMMENDED FOR APPROVAL
t)n motion of Supervisor McKillop, seconded 6y Supervisor a and unanimously
carried, the following tentative parcel maps recommended for approval were approved,
subject to the conditions, with the findings that they are consistent with the General
Plan and that environmental impact reports have been filed with the County Clerks
Zoned A-1;-S ,Tames Bocast. AP 63-12-02 (portion), k lots, west of
G.P. Timber Forest Ranch ltd. , southwest of Schott Road, Forest
Mt. Terrain Ranch. Surveyor: Sohn 5T. Hamby
Pursuant to the xequiremente of Section 20.3 of the Butte County Code, the
tentative parcel map of the above identi€ied property has been reviewed by
the Butte County Subdivision Committee and the Planning Commission.
The Subdivision Committee and the Planning Commission recommend approval of
the tentative map, subject to the followingcconditions.
1. Provide traversable access and construct to R58 LDI standards.
2. Deed to the County of Butte 30 ft. of right-of-way from the centerline
of Forest Ranch Road.
3. Indicate a 50 ft. building setback from the centerline of Sorest Ranch
Rd, and sll easements.
4. Show all easements of record on the final map, and easements to be re-
served in deeds.
5. Provide s road maintenance agreement.
6. Provide soil tests to the Health Department to verify lots meet the
minimum requirements of the Ordinance.
7. Note on the final map, all areas in excess of 30 X grade, and note that
said areas are not usable for installation of••septic tank systems.
A.negstive Declaration Regarding Environmental Impact was filed with the County
Clerk on February 23, 1976.
The timber mountain claseifiaation ie intended for those areas which have value
as timber producing erase, watershed areas, .s Genic areas, recreational areas and
areas which by their character and particular Copography require special treatment
and protection to mitigate potential damage. Residential development in these areas '~:;
where the topography of the land will allow a minimum amount of damage by way of
erosion, siltation, surface and ground water pollution or the deatruetion of scenic
and historical areas. Density should be considered on the basis of these factors and ~=1
weighed against alternate use of the areas for timber production, recreation sad eater- •
__ shed protection. ~~_^~~~~•_• .._•___. _•
Page 226. -'
Marsh 30, 197b
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~.~,,,~~~xnC...-=m~mCC L' ~rC "C ~C ~~~C- C--C _.~.~ C C GC G CS
Zoned A-2 Warren Syera~ AP 61-02-41 & 57, 4 lots. east aide
G.P. Community of Oro-Quincy Hwy., 1 mile northeast of Brush Creek.
Retail Center to Engineer: Graves, Geddis,~& Driscoll:
L-4 Da/Ac
Pursuant to the requirements of Section 20.3 of the Butte County Code, the ten-
tative parcel map of the above identified property has been reviewed by the Butte
County Subdivision Committee and the Planning Commission.
The Subdivision Committee and the Planning Commission recommend approval of the
tentative map, subJect to the following conditions.
1. Show all areas is esceas o£ 30% grade and note on dinal map that said areas
are not usable far installation of septic tank systems.
2. Indicate a 100 ft. septic ta'silc free setback along Mountain House Creek.
3. Proof of water or place the statement on the map as required by the Ordinance.
4. Deed to the County of Sutte, 30 ft. right-of-way on each aide of the centerl-
1'.^•:?ir1E•.rvf Oro-Quincy Hwy.
5. Indicate a 50 ft. building set back on each side of centerline of DOro-Quincy
Hwy. and the access easement.
6. Provide traversable access to RSS LD1 •tandarda, and obtain an encroachment
permit.
7. Provide.for-adceas easement in deeds.
S. Shaw all easements of record on final map.
9. Provide a road maintenance agreement.
10. Extend access easement to provide 65 ft. of frontage for Parcel ~+.
A negative Declaration Regarding 8aviroameatal Impact was filed with the County
Clerk on Harch I, 1976.
Jim Lawson, Planning Director, reported on the Wilber Sypherd tentative parcel
map. Report from Planning Comriiission discussed. Planning Commission had denied the parcel
map.
Dan Blackstock, County Counsel, recommended that this matter be put off
another week; he will report back ro the Board by latter this week.
Map placed back on the agenda for Tuesday, April 6,1976. .
76-495 APPROVE TRANSFER OF ASSESSMENT TO UNSECURED ROLL: OIL & GAS CONTRACT
e t0 t tna ~ fy to oCate t e assesses or to co act t past a ~nquent faxes r
gas and oil lease hold interest on AP 70-05-0-00?r0, it is necessary that this assessment be
transferred in the unsecured roll ro facilitate cancellation, according to Iaevenue and
Taxation Code Section 107. Carl Morton, County Treasurer, stated that this was an
oil and gas lease contract. They would like to transfer this frbm the secured roll to the
unsecured roll. The amount due is some $2800;00. It has been delinquent for five years.
With this transfer to unsecured r¢I1, the County could then go after the Control Corp. under
the lease.
Pose 227.
....._ -. - ~- -- - _ ._ _ ______-- March 30, 1476
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It was moved by SupervisorAAadigan, seconded b'y Supervisor Richter and
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unanimously carried, that transfer of assessment 6e approved to unsecured roll, on
AP 70-05-0-002-0, as requested.
76-446 WAIVE SECOND READING OF CHARTER AMENDMENT ORDINANCE: ADOPT
ORDINANCE IG99
C artier amendment implementing personnel merit system discussed. Jim Rackerby
was present to answer any questions that the Board might have. He stated that the
charter amendment was only the initial step; the county should standarize the merit
system to get all the county employees under one system. At the present time, the county
has no control over the employees working under the State rules. With this amendment,
all employees would be under one system.
Mr. Rackerby explained how the system would be handled. Filling of positions
under the system explained. Dan Blackstock, County Counsel, pointed out the ~--~--"
conflicts that arise when two systems are being operated in the County.
Amendment discussed.
On motion of Supervisor Madigan, seconded by Supervisor Richter and
unanimously carried, the Board waived the second reading of the Charter amendment
ordinance that would implement a personnel merit system.
On motion of Supervisor Madigan, seconded by Supervisor Richter and carried,
Ordinance 1699 calling and prividing for a special county charter election for the purpose
of submitting to the qualified electors of said county the proposition of whether ar not
certain specified amendments of the Charter of the County of Butte should be approved
was adopted and the Chairman authorized to sign.
AYES: Supervisors Madigan, MclCillop, Richter and Chairman Cameron
MOSS: Supervisor Ladd
76-497 APPROVE APPOINTMENTS TO HOUSENG AND COMMUNITY DEVELOPMENT ADVISORY
COMMITTEE
On motion of Supervisor McK111op, seconded by Supervisor Ladd and unanimously
carried, the following were appointed to the Housing and Community Development Advisory
Committee
Alan Simpson, Jr., Oroville
Etta Stump, Ithaca Street, Oroville
76-498 DISCUSSION OF SENATE BILL 1482: LETTER OF OPPOSITION TO BE WRITTEN
Senate Bi 2 discusse Supervisor igan state a ad as ed t at t is
be on the agenda; he felt a letter of opposition should be written.
On motion of Supervisor Madigan, seconded by Supervisor Richter and unanimously
carried, a fetter of opposition to Senate Bill 1481 was authorized to be written to our
State Legislators, including Senator Behr.
76-499 LETTER OF APPRECIATION TO BE WRITTEN TO DE MOLAY FOR FLAG
Supervisor McKillop requested that a letter of appreciafinn written to Mr. Holland
and to the peNblay group for the presentation of the B€{entennial Flag. Mr. Mickelson
will write the letter. Page 228.
March 30, 1976
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AAarch 30,_1976
RECESS: 12:00
RECONVENED: 1:30 p.m.
76-50Q7AI+~S 8. AND PAULYNE L. 5TILLSON - 1tE20NE FRiDM "R-1" (SINGLE - FAMILY RESIDENTIAL)
TO "5-R-1" (SUBURBAN REBIDENTLAL) P$OPERTY OQ`i TSE 330RTH SIDE OF FYRf1kND DBIV$, AYPRO~{iMA_
TELY 440 FEET WEST OF SKYWAY. CONTAINIIiG THREE ACRES. MORE OR LESS. PARADISE.
The public hearing~of James R. and Pauline L. Stillson regarding Rezone from "R-1"
(Single - Family Residential) to "S-R-1" (Suburban Residential) property located on the
north side of Firland Drive, approximately 440 feet west of Skyway, coataini'~ng three acres
more or less, $aradiae was held as advertised.
Jim Lawson, Planning Director, set down the details of the hearing. Stating that
the Stillsoas wanted to keep horses on the property.
Chairman Cameron opened the hearing to the public.
Appearing:
1. Leonard Newman, property owner in the area said he is against the rezoning,
stated that the Board had reaeiwed a petition with 26 names ea it ,against the rezone-
ing.
2. James R. Stillson, Mr. Stillson stated that there are horses in the area that
this rezoning would not effect the rural setting of the area. He would like an S-R-1
zoning.
3. Norm Gardner, is in favor ~+f the rezoning.
4. Jean Pesner, property owner in the area is not in favor of the rezoning,says
the horses make messes and tear up the fames and lines.
5. Helen Nicholas, lives on Molokai , in the area is against spot rezonings in
general and this rezoning in particular. Does not.:want horses in the area.
6.C1aud Johnson, liven four or five -hundred feet from the parcel being considered
for rezonings he is against the rezoning.
7. Paulene:5tillson, Mrs. Stillson stated that the people in opposition to the
rezoning are in a Subdivision; a restricted Subdivision, said that she has three acres
that they can use. Asking for an S-R-1 zoning.
8. Betty Glees; Mrs. Glass stated that they da not live in a subdivision and
that horses are not pleasant, they smell $ad cause flies. Is against the rezoning.
9. C.L. Harris; Mr. Harris said he feels very strongly about people who buy land,
they get it rezoned. Said that 'this is one of the finest residential areas in Paradise.
He is against the proposed rezoning. Ujecta to ;the flies and the smell.
Hearing plosed to the public and confined to the Hoard.
`Brief diacuss3on;~~Chairman Cameron said that he was is sympathy with the reai-
denta o£ the area. "Supervisor Richter said there should be acme over-riding reason for
spot rezoning.
Un motion of Supervisor Richter, seconded by 5upervieor Madigan and carried the
Board voted Lo deny the application for resoniag on the grounds that it mould not be in
the public interest. Supervisor Ladd voted no. ~ -`
Page 229.
March 30, 1976 ,
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76r,501 TgOMpS M. QBiPPLE - APPEAL OF PLANNING C03~ffSSION'S DENTAL OF BEZONING PROM "S-R-1"
(SOBURSAN REBIDSNTL-L) TO "M-1" (LIGktT INDIJSTRTAL) PROPERTY ON THE NORTg SIDE OF BYWAY
The public hearing - Thomas M. Whipple - Appeal of Planning Commission's denial of
rezoning from "S-R-1" (suburban reaidential.)'to "M-1" (light industrial) property loca-
ted on the north side of sy,ay 32 , approximately 700 feet west of Muir Avenue, containing
one acre more or less, Chico.was held as advertised.
Jim Lawson, Planning Director set down the details of the hearing.
Chairman Cameron asked Y'f the Board bad ~~ahy~questions. Breif discusaioa ensued.
Chairman Cameron opened the hearing to the public.
Appearing;
Thomas Whipple, ~5 Greek Circle. Re presented a map~tn the Board sad explained
what he proposed to do. Provided pictures to the Bcard of the property as it is new. F[e
stated that he thought that the planning Commission did not recognize this parcels lo-
cation. Re went on to justify the rezoning, stating that this would clean up the area,
sad eliminate a dangerous drive way. Mr. Whipple presented the Board with a list of four-
teen signatures is favor of the rezoning.
Hearing closed to the public end confined to the Beard.
Oa motion of Supervisor E~ichter, seconded by Supervisor Madigea sad unanimously ca
•, carried, the Board voted to uphold the appeal .of Thomas M. Whipple sad approve the "M-1" _
zoning £or 23 acres oa the north side of hyaray 3Z west of Muir Avenue , the following
ordinance was•adopted and the Chairman suthorized to sign. Ordinance DTo. 1700 , "M-1"
zoning.... ...._~._._~___,_ . .
y b~SOZ~• BUTTE COUNTY:PLANAING COZRIISSION - BEZONE"FROM "A-2" (GENRRAT,) TO "C-1" (LIGHT "
COMMMERCIAL), "C-2" (GEN'RRdT, COMhdERCW.) TO "R-I" (SENGLE FAMILY RESIDENTIAL), "R_3"
(MEDIUM DENSITY RESIDE{VTTAL)"R-1 A&C" (SINGL$ FAMILY RESIDENTIAL, ARTS AND CRAFTS), "S-R"
(SUBURBAN RESIDENTIAL), , "S-R-1" (DUBURBAN RESIDENTrAL,nA-SR" ( AGRIC[FLTURAL SUBURBAN
RESIDENTIAL), AND '!A-10" (AGRTCULTETRAL) PROPERTY ON TAE NORTH OF HYWAY 32 FROM MUIR AVE.
, EAST TO UNDO CHANNEL AND ON THE NORTH AND 50UTH SIDES OF HYWAY 32 FROM LINDO C~iANNEL EAST
TO WEST 8th AVENUE, CONTAINING 300 ACRES MORE 'OR LESS, WEST OF CHICO. APPROVED WITH DE-
LETIONS.
The public hearing-of Butte County Planning Commission - rezone from "A-2"•(gerieraY)
to~~"C-1" (light commercial), "C-2" (general commercial) to "R-1" (sfagl,e famf,ly iesidentiai)
R-3 (medium density residential) "R-1 A&C" (single family residential arts & crafts),
"S-R" (suburban residential). "A-SR" (agricultural suburban residential), "SR-1" (suburban
residential), and "A-10" (agricultural) property on the north aide of byway 32 from Muir
Avenue, east to I3ado Channel and on the north and south sides of byway 32 from Lindo Channel
east to west 8th Avenue, containing 300 acres, more or less, west of Chico, was held as "
advertised. '
Jim Lawson, Planning Director set down the details of this hearing.
Discussion ensued. Supervisor Richter stated that there was overwhelming agreement
that this area could be rezoned.
Chairman Cameron opened the hearing to Che pnbllc;
Appearing;
1. Gene Kegaw~, resident, on the west side of Lindo Channel would like to see
this area zoned "C-1".
2. Dr. Duaaaway, would like it to be zoned "R-4" end "C-1".
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3~ Nelson Lots, expressed interest is permanent zoning.
March 30, 1976
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4. Pat Hurphy; lot 16 in that area, Gould like it'.r~'be a commercial desigastion
of equal value.
5. Carl Albert;
5. A. Robert E. White, has•an office building with an "A-10" would like to be
deleted at this time from the zoning.
fi. Mr. Stutz; He is against spot zoning and can not see the point in restricting
the zon3.ng on byway 32,
Hearing closed to the public and confined to the Soard.
Chairman Cameros stated that it will have to go back to the Planning Commission,
5upervl.sor Rtehter suggested `hat we zone what we Gait and send the rest back to the
Pieaning Commission.
Oa motion of Supervisor Richter, seconded by Supervisor McKill;p and unanimously
carried the Soard noted to approve xhe rezoning with the deletions of Murphy, ~TEtite and
Dunnaway parcels, adopted the following ordinances and author~.zed the chairman to sign.
Ordinance No. 17U1 •
Ordinance No. 1702
Ordinance No. 1703
Ordinance No. 1704
Ordinance No. 1705
Ordinance Wo.~1706
7~-~d~ IIANA 0' D08 - APPEAL OF PLANNING COMM[SSION'S D8N7A1. OF USE PERMIT TO ALLOW A
1$ESTAURAN'P ON THE idEST S7AE OF SKYWAY, APPROXIMATELY 600 FEET SOaTH OF MONTNA DRIVE, CON
TAIIQING 1/2 ACRE. MORL OR NESS. PARADISE. WAS DENIED.
The public hearing of Ilona~0'Dor - appeal of PlanaingaCommisaion's denial of use
permit to allow a restaurant on the west side of Skyway, south of Mantua Dr. was held as
advertised.
Hearing opened to the public by the Chairman.
Appearing;
1. Helen O'Dor; stated that they plan to npen a coffee•ehop. Said that there are
many commercial establishments in that area. ~.rgued that there was ample parking for ten
care and the traffic hazard was no worse then in other parts of Paradise.
2. Anthony S. Lombardi, 489 Moataa'Dr. NIr'. Lombardi presented the Soard with _two
petitions with 32 and 38 signatures an them. Mr. Lombardi does not feel that this partic-
ular piece of property is suitable for a restaurant. The cars would have difficulty get-
ing in and out of the small parking area. "~
3. Linda Smith; Conceded that this is commercial property along the Skyway•but that
they went to get the Skyway widened. Opposes the use permit.
4. Charles Green ; 6568 Montna Dr. _ _ _ _ ,..
Mr. Green complains about the cars turning around in his driveway, insist that it
will be even worse if the use penait ie epproved and a restaurant goes is theta. Says
the area is not adequate and is against the use pesmit,
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Ahyrch 30, 1976
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5. Irene Rutherd; is against the use•pe:mtt being approved, states that the area
is not suitable. .,
Hearing closed to the public and confined to the Board.
Oa motion of Supervisor Richter, seconded by 5uperv&sor McRillop and unanimously
carried, the Board voted to deny Ilona O'Dor's appeal for use permit, and that it would
not be to the best interest of the people. The Board concurs with the Planning Commi.asion.
7fz 504 DI5CU55ION OF TF~SHER 1~ARVEST - ADOPT RESOLUTION 76-73
Discussion of Del 1QordeCouaty current litigation with the Sietra 01oub. Supervisor
Ladd wen in total support of this Resolution.
On motion of 5uperviaor Madigan' seconded by Supervisor Ladd and unanimously
carried, the Board voted to supporC DelNardeCountiea fight with The Sierra Ciub. Reso-
lution 76-73 was adopted and the Chaixluan authorized to sign.
76-5n5 DI5CUS5ION OF COI4zTTTEE FRDM_NINE NORTHERN COUNTIES-ON EKCESSIVE IMPROVTIIG ON
TINFBER ROADS.
Discussion of the study being dose by s Committee of the nine northern counties
oa haw the timber revenue is being spent. Discussion centered on the excessive improv-
ing of timber roads.
On motion of Mclz3.llop, seconded by Supervisor Madigan sad carried the Board voted
to auppart, in the amount of $296.00, the study of excessive improving on timber roads.
Supervisor Ladd voted no.
76-~ 506 DISCUSSION ABOUT CALIFORNIA SUPERVISORS A550CIATION HEALTH CONa4ITTEE
DISCUSSED THE CALIFORNIA ASSOCIATION 1:iEALTH CONIlNITTEE has come up with a partnership
with the state regarding Medi-Cal reform. Chairman Cameron would litre each Board member
to recieve one of the copies to study and possibly to attend the meeting is lied Bluff on
Friday the 9th of~April; i~d. Bluff.
Ti~,507_ TRANSFER B-147
tiscussion of illegal aliens cost of medical cost. If .they are injured•oa the
job wortoneas cc~mpeasatioa covers it. But otherwise ttee county is tidble for the cost
of_treatmeat. °~ be discussed further at the next Bo~'rd meeting.
AD JaU RN IVIE NT:
T sere sing nothing further before the Board at this rime, the meeting was adjourned
at 3:45 p.m. to reconvene an Tuesday, April 6, 1976 afi 9:00 a.m.
ATTEST; CLARK A. NELSON, COUNTY CLERK
BY: ~ ~~ C airman o ,fi elBoa
Boar of Sups sors C err ~ '
Page 232.
Aharch 30, 1976
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