Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
M040875
• ~ ~~ STATE OF CALIFORNIA April 8, 1975 SS, COUNTY OF B1l1TE ) The Board of Supervisors met at 9:00 a. m. pursuant to ad~ournmeat. Present: Supervisors Cameron, Madigan, McItillop, Richter and Chairman Ladd. Clif Nickelson, Administrative Officer; Dan Blackstock, County Counsel and Clark A. Nelson, County Clerk, by Margie Catt, Board of Supervisors Clerk. Pledge of allegiance so the Flag of the United States of America 75-b15 APPROVAL OF MINUTES On motion of Supervisor Mcltillop, seconded by Supervisor Cameros and unanimously carried, the minutes of April 1, 1975 were approved as mailed. 75-616 COMMUNICATIONS Effie A, McDonald, Paradise. Protest is filed to assessment under Skyway ~ p,(r'v Assessment District No. 1. To be placed in file; copies to be made for Board members end Mr. McCain. d J. ?. Murphy, Magalia. Writes in support of the burning ban. To be 3 Z 4 P placed in file with other letters regarding this matter. Grace D. Hill, Paradise, Requests Board consideration for a lot-division J1 ~,©~ which appesre oa this agenda under Planning. Put over until Planning Director is present. Bob Mulholland, Chico. Mr. 3~lulholland as voter registration coordinator ~ tl requests that a lOp incentive payment for each duly registered ~ 9' voter be instituted. Discussed; no action taken. Upper Midge Coordinating Council. Willard Shinners, president, requests ~~ S.~ ~ that the matter of a rest home on Pineview Drive in Magalia be imreatigated relative to RT-1 toning of the area. Discussed; Supervisor Cameros stated he had checked the matter out. No action taken. Pacific Gas and Electric Company. The Company sands two notices of payment / 0 G.~ C $24 262.49agaduunderttherelectricsfran h~feet$84a259t72,gboth orhthe 1974 calendar year. Information only. Oroville Union High School District. The District Board has agreed to ~ O transfer land seeded is the reeligameai of Hearst Avenue involving y C G' the southeast corner of the Las Plumes High School campus and asks that the County transfer to the High School District the land presently occupied by Hearst Avenue which will become unused es a result of the realignment. Mr. Castleberry reported an this matter. Referred to Mr. Castleberry and County Counsel for their handling. City of South E1 3loate. City forwards resolution urging opposition to Senate ~ G p, 2 ~ Bill 95 which reduces penalty for poeaession of mari~ueae. DiscusseZ; no action taken. County of E1 Dorado. County expresses strong opposition to Senate B111 275 provisions giving public emplopeee the right to strike and any form Z ~ of arbritration except narmai due process of law through the courts. ~d ~' They support recommendations made by Supervisor Fred Cooper sad the Labor Relations Policy Committee. Board has taken action on this matter. Assemblyman Eugene A. Chappie. Mr. Chappie acknowledges receipt of letter G ~ ~ 0 d' ' opposing the elimination of section of Highway 99 between Garner - Lane and the Tehama County line from the State Freeway System, cad states that he will work to preclude that deletion. Information only. Page 225. April 8, 1975 ~. ~ s g R s q q a q s s s s! s OpS~ ~fi ~7~ i s s• s a s s s s s s s s s Department of Water Resources. Imritation is extended to luncheon honoring ~ /h ~ o Mr. John R. Teeriak on April 30, 1975 'on his retirement. Discussed; Board •members will attend if possible. Senator Randolph Collier, Mr. Collier states that he has informed the p © Chairman of the Highway Commission of his obtectioa to the rescission 'f ~ o` of that section of ,Highway 99 between Garner Lane and the Tehama County line from the State hsghway system. Information only. Louisiana-Pacific Corporation. They write to confirm their intention to ~ A s,pd pay for 40~ of the cost of constructing the proposed Industrial Development access toad from Georgia-Pacific Wsy to Baggett-Maryrsv111e Road, adjacent to State Highway 70, No action needed. Claim. Filed by Geae A. DuPerault and Mirtha DuPerault ABA Mothers Country a o,vrSY Ciub, in the amount of $744.72. Read and referred to County Counsel for report later in the meeting. Eve{ett Belch, Owner-Pleasant Valley Mobile Estates. The protest the ~~ 3 a 4 extending of the operation hours of the Chico Racquet Club. Read and discussed. No action taken. Petition. Residents of the Pleasant Valley Mobile Hstates Homes protest / ! 3.e 0 extension of tennis playing time at the Chico RaequeC Club. No action taken. Eubert Downing, Pastor-Reorganised Church of Jesus Christ of Latter Day G o Saints. They protest number three of the Planning Commission's / ~ 3' requirements fox their use permit. Read and discussed. Referred to ter. Castleberry to handYe complaint. Harold L. Welbo Appeal to Planning Commission's decision regarding their /~ 3 p C1 proposed duplex on a lot at 5984 Sawmill Rd,, Paradise. Set for May 13, 1975 at 2:00 p.m, Undersheriff Richard 9tenberg. Copy of his memo to Administrative Officer G d.3-~ concerning the action of Animal Control D#ficer William gahn in ~ taking dog of Todd Lemke to Oroviile Dog pound. Read; no action taken. John L. Dupree, Jr., President, Communications Systems of California, Inc. They write concerning the granting of a license to Televents of Paradise for the operation of a cable television system. Referred to Admiaistrativa Officer for handling. A. E. HcCollam, Reclamation Board. He writes concerning the hearings oa the ~~~.QO proposed Rules and Regulations for Control of Encroachments is Butte Basin. Copica to be made for Board members and George Stamm. George Stamm will speak later is the meeting. Supervisor Madigan. He stated he had a form letter from Senator Collier concerning a timber tax hearing to be held next Friday. Discussed; no action taken. 75-b17 DISCD55IDN: JOVENILE HALL CONSTRUCTION PROJECT Bide for construction of Juvenile Hall opened on April 2 and Mr. Ward, architeFt, reported on the bids. He stated that he had reviewed the bids received. He recommended that the low bid of Younger Bros., Inc. be accepted by the Board. Supervisor Cameron said he would rather send the bide back to the Building Committee before he made a final decision to see if there might be a possibility of reducing the coats. Mr. Ward said thin would be possible; they could take approximately $145,000 out of ehis protect. The protect has already been reduced to a minimum unable protect. He said that in the area where they could reduce costs the moat would be to delete one wing. The nazi single item might be to consider postponing the remodeling of the present building. Mr, Ward set out areas where redactions ffight be Wade. He feels that this is a bare bones building now. Page 22b. April 8, 1975 ~~ ~ s a: a a e v a s a e e s dlifr~is8e ~9Z5a s s s e e~ ~ ms ~ s e s ~~ Bids discussed, Chairman Ladd said he felt it would be advisable to schedule a meeting of the Building Committee for tomorxaw to discnss the bids and see if something can be done about the building. The present bide can be held #or 30 days. Supervisor Richter felt that the building else should be reduced. He feels Chat the building is double the else Ehat-it should be. Meeting scheduled for Wednesday, at 1:30 p.m. in the conference room in the Public Works building. It was moved by Supervisor Cameron, seconded by Supervisor Richter and unanimously carried that the bids be held over sad that a meeting be set for Wednesday, April 9, 1975 at 1:30 p.m. in the conference room of the Public Works Building, for discussion of the bids by the Building Co~maittee, and that a report be presented to the Board nexC Tuesday. 75-618 AUTOMATIC COPIER DECLARED SURPLUS PROPERTY Pleaaiag end Public Works Departments request the Board to declare s 3M-209 Automatic Copier, inventory number 00182 surplus as both departments now use xerox which is cheaper and quieter and this machine is occup}"lag valuable storage space, fla motion of Supervisor MolCillop, seconded by Supervisor Cameros and unanimously carried, a 3M-209 Automatic Copier, inventory number 00182 was declared surplus property and the Purchasing Agent was authorised to dispose of the same. 75-619 APPROiVE TIME E7[TENSION ON ARTIC AIRE OF CHICO COTITRACT Mr. McFarrea, architect, recommends extension of tfine on contract with Artic Aire of Chico for the installation of H.V.A.C. systems in the hospital building. Delays caused by rain and threatening weather u it would have been inadvisable Lo cut holes is the roof to make the installations. On motion of Supervisor Cameros, seconded by Supervisor McKillop and unanimously carried, the time extension of 22 days was approved for Arctic Aire of Chico, with sew date of completion set at April 30, 1975. A sew agreement has been drawn with the City of Biggs to replace an agreement in effect for several years and has been approved by the City of Biggs. Agreement also approved as to form sad ffseal and budgetary control. New agreement would call for payments based on a pro rata share of usage by Biggs is the County~a portion of use of the Orovilie Pound under its coatlact with the City of Oraville. On motion of Supervisor Madigan, seconded by Supervisor McR:illop and uuanimously carried, the agreement City of Higgs was approved and the Chairman was authorised to sign, 75-fi21 BUDGET TRANSFERS APPROVER ' Budget transfers discussed. Overtifae.-wiLhin the transfers discussed. Mr, Mickeleon will check into the matter of the overtime in Chase departments. On motion of Supervisor McKillop, seconded by Supervisor Cameros and unanimously carried, the following budget transfers were approved: 8-209 Central Services - Motor Pool. This corrects budget transfer number 187 previovely approved by the IIgard for funds of $331.97 ere aken from v hi le ~ntenance cgrrent year whereas it should ~iave ~een from ve~iic~e s:a.int~nancg2~rior pear. ~8~ April 8, 1975 ~ ~"` r r a a ~¢ r re ie r r s i r A~r~irB~ s4.7.5e r r r r r r s s r r a r d r r B-210 Health - $6,300 from salaries end wages regular with $2,700 going to extra help and $3,6D0 to overtloie. 8-211 Personnel - $1,500 from profeoeional and special services to office expense 5-212 Agriculture - $55.08 from the fixed asset account-prior year to Che asiall tools and instruments account. $320. L9 ie transferred from Che reserve to the equipment account and is to cover excess cost of four wheel drive pickup over budget estimate. B-213 Air Pollution Control District - $900 from board authorized travel to other transportation and travel 75-622 AUTHORIZE GOLDEN FEATHER FAIR BOARD TO CALL FOR BIDS FOR STRUCTURAL MODIFICATION FLOWER BUILDING AND EMERGENCY EIIT LIGHTING The Golden Feather Fair Board requests approval of structural modification flower building and emergency exit lighting to go out to bid, Fair Board requests approval to contract for {e) installation of emergency Bait lighting subject to approval of the State Fire Marshal, which has been obtained in writing by the Fair Board, and (b) structural modification to flower building as amended. Mr. Castleberry explained this request and explained hav the request should be handled. On motion of Supervisor Madigan, seconded by Supervisor Richter and unanimously carried, Fair Board was authorized to call for bide for structural modification flower building and emergency exit lighting as she plans are amended, subject to Public Works approval. 75-623 APPROVE AGREEMENT FOR PRHLIHYNARY PLANS FOR LANDSCAPING DEFELOPMENT AT COUNTY LIBRARY IN OROVTT.T.F Clap Castleberry, Director of Public Works, explained the proposal and agreement for landscape architect services with Carl Rottschalk of Chico. This matter had been referred to the Oroville Chamber Maids and they came up with a plan that was not acceptable. Mr. Castleberry has gone over the plans with the ladies. Mr. Castleberry explained that the Hoard could coatrace for preliminary plans for this work. Preliminary plane and cost estimate would be $600. Fiael plans, specifications and coact estimates would be $650. Supervisor McKillop said he would Like to see this site 1&adscaped properly. Supervisor Richter acid he would support the retaining of Mr. Rottachaik for the preliminary plena. On motion of Supervisor Richter, seconded by Supervisor McKillop and unanimously carried, the agreement with Carl Rottschalk of Chico for the preliminary plans teas approved and Mr. Castleberry was authorized to sign for the County. 75»b24 APPROVE MODIFICATION TO COOPERATIVE AGREEMENT FOR COMPREHENSTV£ TRANSPORTATION PLANNING ~CHICO AREA A modificatiea has been prepared to extend time for the final project until November 1, 1975 and the draft until October 1, 1975. Modificatloa discussed. On motion of Supervisor Richter, seconded by Supervisor Madigan and unanimously carried, the modification to the cooperative agreement for Comprehensive Transportation Planning - Chico Area, was approved cad the Director of Pub11e Works was authorized to sign. 75-625 ADOPT ORDINANCE 1567 ESTABLISHING SPEED LIMYT 02~R070rL ROAD Oo motion of Supervisor Madigan, aeconded~~liy Supervisor MctCillop and unanimously carried, Ordinance 1567 establishing speed limit on Troxel Page 228. Apra 1 8, 1975 ~ ~. ..:.......... _ . AP~il 8,.1.7 ............. . Road was adopted and the Chairman was authorized to sign. 75-626 AUTHORIZE PAYMENT OF ARCHITECTUltb,L FEES FOR REl9ODELING Authorization is requested to make payment to Tom Fox, architect, in the amount of ¢I,?52.02 eoveriag work to date on the Detoxification and Health Agency offices remodeling project. On motion of Supervisor Cameron, seconded by Supervisor Madigan sad unanimously carried, payment to architect of ¢1,352.02 covering work to date oa the Detoxification and Hesith Agency offices remodeling project was authoriced. 75-627 PUBLIC WORKS ITEMS APPROVED: ADOPT RESOLUTION 75-5~, APPROVING MASTER AGREEMENT FEDERAL-AID SAFER ROADS DEtd1NSTRATION PRbGRAM Oa motion of Supervisor Richter, seconded by Supervisor Madigan and unanimously carried, the follawiag action wen taken: 1. Adopted Resolution 75-58 approving master agreement federal-aid Safer Roads Demonstration Program and authorised the Chairman to sign. 2. Approved fund transfer of ¢2,030.67 from completed WO 5137 (Meridian Road project) to WO 5110 (SP crossing C-188.8) for the costs of installation of automatic crossing protection. 3. Approned Change Order No. 1, Pentz Road & Pants-Ma$alia Highway FAS projects 1523(5) and 1524(1), in the increasing amount of $800 which provides for reimbursing the contractor at the rate of $0.60 per hour for one trainees participation in the approved equal employment opportunity affirmative action Graining program sad authorized thec~adrman to sign. 4. Waived the first reading of ordinance establishing speed limit on E1 Paso Waq. 75-628 INFORMATIONAL ITErS Mr. Castleberry reported that he has almost worked out the Himango property problem. It will be on next week*s agenda. Supervisor Cameron spoke concerning some problems with the new Building Codes. This concerns replacement where damage has occurred. He suggested that maybe Mr. Castleberry could set up a meeting to discuss the whole Building Code. Mr. Castleberry said he would talk with the building people and will contact the Board when a meeting has been set up. 75-629 APPROVE AGREEMENT FOR FOSTER PARENT TRAINING SERVICES Bob Criean, Welfare Director, stated that an agreement has been prepared with two foster parents to cover their attendance at a national conference of foster parents in Atlanta, Georgia from April 30 to May 3, 1475 for purposes of providing information and training to other foster parents by these participants. The agreement provides for 75x advance of estimated cost with full reimbursement after the Crip of actual coat. Participants shall then reimburse County of Butte for 25x of their prospective actual costa. supervisor Cameron Pelt that the problems with foster homes are bad; they will get worse unless the people are educated about handling and operating the homes. Supervi.aor Richter said he could not vote for this as it will not help matters. She Foster Home Association has as active training program here in this County. Chairman Ladd said he thinks that the West Coast has a large enough area to~agoed2~~aiaing sessions. April 8, 1975 ~ r'" ~ saaa~s'es~~.@pi!'~~,~I$7~ ~.rtr~s~nnas~aees Supervfa or McRillop said he felt that the County is deficient 1n the Brea of foster homes. If there is good to be obtained from this conference, he would be all for it. Supervisor Madigan agreed with the atOgement of Supervisor MclCillop. On motion of Supervisor Cameron, seconded by Supervisor Madigan and carried, the agreement for foster parent training services with Sandra LeVeau and Dorothy Hartnett was approved and the Chairman authorized to sign. AYES: Supervisors Cameron, Madigan and McRillop • NOES; Supervisor Richter and Chairman Ladd 75-630 ADOPT RESOLUTION 75-59 AUTHORIZING PARTICIPATION IN THE REIMBURSEMENT OF LIaTERiM ASSISTANCE PROGRAM ' This contract between the Department of Bene#it Payments sad Butte County provides for implementation of the provisions of U,S. Public Law 93-368 sad provides reimbursement to the County far interim assistance to SSI/SSP applicants. Contract approved as to form and for fiscal and budgetary control. Resolution discussed. Oa motion of Supervisor MclCillop, seconded by Supervisor Madigan and unanimously carried, Resolution 75»S9 authorizing participation is the reimbursement of Interim Assistance program was adopted and the Chairman was authorized to sign. RECESS: 10: I5 RECONVENED: 10:25 75-631 REPORT BY COUNTY AUDITOR Bill Lawrence, County Auditor, reported that the $49,000 withheld from Welfare payv-cnts to the County is now available to the County. Mr, Lawrence felt this was good news for the County. 75-632 APPROVE HIGHER RENT StTBSIDY SCHEDULES: PRESENTED BY HOUSING ADTHORITY Mr. Melton requested the Board to indicate approval of higher rent subsidy schedules. 7.etter setting out the request was read by the Clerk. Supervisor Mclfillop said he could see nothing wrong with the request as they are merely requesting an e~ctention of time in the setting of the seat schedule. Matter discussed. On motion of Supervisor MclCillop, seconded by Supervisor Cameron sad unanimously carried, the Administrative Officer was authorised to write a letter requesting a waiver of time in the setting of the rent schedule, as set out by Mr. Melton, sad Che Chairman was suthorized to sign said letter. 75-633 CURTIS E, ROSSITER-APPEAL OP` PLANNING COMMISSION REQUiREl~iT ROR EIR ON LAND DIVISION (AP 28-17-SI) Jim Lawson set out the background of this continued hearing on the Curtis E, Rassiter appeal of Flanniag Commission requirement for EIR on Iand division. Supervisor McRillop said the Board members had seen the property while on the road tour. Division of lots in this area discussed. EIR requirement discussed. Supervisor Richter said he would support the requirement of ea EIR if he felt the impact oa the road would tell the County something about the development Chere. Mr. Castleberry said the road ie not adequate for development in the area. Fags 230. April 8, 1975 (~"` ~..` A ril 8 175 s s s s s s s ss s s s s s s spa s s's s s s s s s s a s s s s s s s Every parccl of load along this road will have to have a permit issued for building. If the property is developed, the y will need supporting development such as schools, shopping centers, etc. Ron Graves reported on the aeptie tank permits that have been issued in this area. Lynn Van Hart, County sanitarian, informed Mr. Graves that only one permit has been issued in this area.. Report on other permits that have been issued presented by Mr. Graven. The arcs does not lend itself to future development. Mr. Caatlcberry stated that if the Board allows this area to go to land divisions, they should make some sort of decision an the road. Following this discussion of the requirement for an EIR, the following action was taken; O•a motion of Supervisor Richter, seconded by Supervisor Madigan and carried, the Hoard sustained the action of the Planning Commission requiring the filing of an EIR and denied the appeal, end that the EIR to be filed will be used as a guideline for requiring EIR's in the county. It was suggested that the EssQ~ronmental impact Committee could be instructed to do an EIR for the entire area. Dtacusaed; no action taken at this time. 75-634 APPEARANCE: HOB LEMPKE, pAB,ADIS$, INPITATION TO PARTICIPATE IN PARADISE'S GOLD NUGGET HAYS PARADE Bob Lempke, Paradise, asked Why the Supervisors representing the lseadi$e'Brea-Supervisor Cameras and McRillop, did not have on Pale Pace badges. The Supervisors purchased their Pale Face badges at this time. Mr, Lempke invited the Hoard members to participate is the Gold Nugget Parade and to be seated is the grandstand on April 26, 1975 at 2:Q0 p.m. Mr. Lempke also discussed the problem of his son's dog. Re has received many calla concerning the matter. He said he Would like to see some method looked into to avoid this type matter happening again. 75-635 REPORT_ON_CQMMIT7'EE RECOTIIdENDATIONS. RE HCD GRANT Scott Tandy and Mr. Melton, Housing Authority, were present to report on committee recommendations regarding the HCD grant. Mr, Tandy set out the background of the response from HiJD. Several meetings have bean held and the EIR process has been gone aver by the Committee. Yesterday the County Community Development Advisory group met with the Oroviile group; .Tack Sheehan was also present. Acquiring of real property explained, The property would leave to have an adquate water supply and an adequate sewage system, Oroville would be the target area; boundaries explained, "Red" Melon set out, ender Title I of this act, money that was made available to the County;, it will be made available thin year to purchase lead, He explained how Ehe money would be used. $76,000 has been made available to this County. ~Tnita that would be built would be for the elderly and for those low income level of the Oraville area. The property would be purchased is the County's name. The County would pay for the land and in turn would sail it to the builder to build the units upon. Bunging 2p~n the property purchased discussed. ag April 8, 1975 ~" = t t C G! C@ 6 6 6 t ~Sr~~ar ~~Z56 O ~! C c sr we ~ r~ Q Q S~ Q f~ They egr~eedS~ieieT~d~•l~et out the recommendations of the Committee. be 25 units far the senior cititcens and the elderly end 25 units for the low or moderate income people. Be set out the area that they were consideriag. Mr. Tandy stated that the application is going to be prepared this week. It has a lot of details set out and the document is pretty thick. He stated Chat Jack Sheehan & Associates would be present next Tuesday for a public hearing on the application. The committee recommended that the funds should be used in the Oroville area for the present funding. On motion of Supervisor Cameron, seconded by Supervisor McRillop and unanimously carried, a hearing was set for April 15, 1975 at 10:00 a.m. on HCD application. 75-636 PUBLIC HEARING SET ON REZONE TO "N-C" FOR PROPERTX ON SOUTH SIDE OF OROVILLE-QUINCY FIWY., OROPILLE . A public hearing was set for 24ay_13. 1975 at 2:00 p.m. on the following: 1. Derrald L. & Helen Buis - rezone from "A-R" {Agricultural- Residentiai) to "N-C" (Neighborhood Commercislj for property located on the south aide of Orovilie-Quincy Hwy. at its intersection with Foothill Blvd. 75-637 APPROVE TENTATIVE PARCEL MAPS REC02.2SENDED FOR APPRODAL Tentative parcel maps recommended for approval discussed. On the Leslie Ward map, the owner is requesting an exception to lot depth. Request discussed and approved. Oa motion of Supervisor Cameron, seconded by Supervisor McKiilop and unanimously carried, the foliewing tentative parcel maps were approved, subject to the conditions set out by the Planning Commission and the Subdivision Committee, with the additional requirement for lot depth added to the Leslie Ward map, with the cote that aegative environmental impact deports have been filed with'the County Clerk: Zoned A-2 L. J. watts. AP 25-24-24, 2 lots, north of Pa~.ermo Rd. G.P. - 1-4 west of Lone Tree, Oroville. Engineer: 'Kendall Enq. du/ac pursuant to the requirements of Section 20.3 of the Hutto County Code, the tentative parcel map of the abovd property has been re- viewed by the Hutto County Subdivision Committee and the Planning cammissian. The Subdivision Committee and the Planning Commission recommend approval of the tentative map, subject to the following conditions: 1. Lots on final map shall by adjusted to meet the minimum area requirement of the Subdivision Ordinance based an soil test results. 2. Deed to the County of Butte 30 ft. right-of-way from the center- line of Palermo Road. 3. Indicate a 50 ft. building Betbsck from the centerline of Palermo Raad. Page 232. April B. 1975 ~~ r r r s s s s s r r r s r s. iii 8~s~'i7i r r r s r r s r s r r r r r s A Negative D9claration Regarding Environmental Impact was filed with ~ the County:Clerk on k'ebruary 1$, 1975. The Planning Commission granted an exception to minimum parcel size on March 27, 1975. 4, No further division until a sanitary sewer system has bean installed. ' Zoned S-2 Merle Carver, AP 42-01-54, 2 lots, east side of Say Ave., G.P. 1-4 approx. 1 mile north of Sell Ave.. Chico. Engineer: du/ac !KCCain Assoc. Pursuant to the requirements of Section 20.3 of the Butte County Code, the tentative parcel man of the shove property has been re- viewed by the Butte County Subdivision Committee and the Planning Commission. The Subdivision Committee and the Planning Commission recommene9 approval of the tentative map, subject to the following conditions: 1. Provide soil tests to assure that the lots meet the minimum criteria of the Subdivision ordinance. 2. Provide traversable access. 3. Deed to the County of Butte 30 ft. right-of easy from the center- line of Bay Ave. d. Indicate a 5A ft. building setback from the centeriin~ of Bav Ave. aril the Baton Rd. extension. The Planning Commission approved a variance on this proaerty on *9arch 6 , 19 75. A Negative Aeclaration Regarding Environmental Impact was filed with ._ the County Clerk on February 18, 2975. ._ zoned A-2 Richard Chambers, AP 47-26-67, 4 lots, one-half mite east G.P. 1-5 of Hwy. 99E, north on Keefer Rd., Chico. ac/du Open Grazing Pursuant to the requirements of Seci~i~on 20.3 of the Butte County Code, the tentative parcel map of the above property has been re- viewed by the Butte County Subdivision Committee and the Planning Commission. The subdivision Committee and the Planning commission recommend approval of the tentative moo, subject to the following conditions: 1. used to the County of Butte 30 ft. right-of-way from the center- line of Keefer Rd. 2. Indicate a 50 ft. building setback from the centerline of Keefer Rd. and the access easement. 3. Verify legal access to Parcel 1. _..._ _ . • _ Page 233...... . April 8, 1975 r'` /`. s ~ s a a r is s .r .. ~~~. GP=1~. 8.s1$7ii s s r• a c s s r r r r .r -- A N°gative Declaration Regarding Environmental Impact was filed with the County Clerk on March 10, 1975. Ths C~neral Plaza indicates tWp categories of appn apace in reGac-urban areas: 1) multiple izae opcm apace and 2) pex*uan®nt open sprcre. With- in the multiple, use open space., land in tahich the Elope is generally leas than Z5i~ but which are not eavered with valuable stands of timber, the General Plan etratea that there ie not esrpe+cterd to be say subatan- tiai demand for urbanization of this lend due to Sts location. Use~a: for which it may be suitable include, but are not li+aitaed ta: Watershed ~tinaral Extraction Erosion aontral Golf couraeg t~Zildlife, habitat Private outdoor reeresticm Grazing Ri6ing sta}sl~ec Tres ct'opa~ Plax-t nurseries Pielrl asopa ~ ~7.avd e~e>titroi Scenic eaaaoaetsta +l~seets belts __-....... Zoned A--2 Nelson S. Davis, AP 62-37-12, 4 lots, both sic?es of r;.P. 1-5 Bunker Hil l Mine Rd., Big Bsnd. Surveyor: Thiel E. ac/du Open Lippincott brazing Pursuant to the requirements of Section 2a.3 of the Butte County Code, the tentative parcel map of the above progerty has been re- viewed by the Butte County Subdivision Committee and the Planning Commission. The Subdivision Committee and the Planning Commission recommend anproval of the tentative map, subject to the following conditions: 1. Proof of water or nut the statement on the mati. 2. Verify legal access. 3. Provide traversable access and a road maintenance agreement. ~. Indicate 50 ft. building setback from the centerline of the easement. A Negative Declaration Regarding Environmental Impact was filed with the County Clerk on ~4arch 1A, 1975. The General Plaa inlEi.catea tern catsgories of open apace in soon-urban areas: l~ zauitipie use open apace and 2j peizaanent apes space. bTith- in the atultiple use opmn apnea, ].end in which the elope is geaereiip lase than 25b but Which era sat covered with valuable stsnde of timber, the General Dian states thnt there is not expQVted to be any eub;stan- tiaY demand for uxbeniaation of this lank due to its lac$tian. Uses for -+hiah it zaay be suitable inoiude, bat errs not limitrsd to: Watershed Mineral Extraction 8rasiaa control Golf courses Wildlife habitat Private outdoor re~oreation Gracing hiding stables ~ eld~pa plant au~caeriee _Sceaia ~pemeats 4reen belteol .._.---..- Page 234. ~. ~ .... re m e s s n s e a s~ .~1,{rf.l.gr X915.= ~ s a~ t i a~ e s e~.. Zoned R-1 Grace D. Hill, AP 51-15-05, 2 lots, south of Wagstaff C.P. 5-8 Rd ., east of Lucky John Rd., Paradise. SurveYar: John du/ac W. Hamby Pursuant to the requirements of Section 20.3~of the Butte County Code, the tentative parcel man of the above property. has been re- viewed by the Hutts County Subdivision Committee and the Planning Commission. The Subdivision Committee and the Planning Commies;on recommend approval of the tentative map, subject to the following conditions: 1. Deed to the County of Butte 30 ft. right-of-way €rom the center- line of Wagstaff Rd. A Negative Declaration Regarding Environmental zmpact eras filed with the County Clerk on March 10, 1975. ., Zoned A-2 Ivan Launder, AP 62-47-25 (portion), 4 lots, on Bloomer f;.P. Timber Mt., west of Henry Creek Rd. Engineer: Graves & Geddis Mt. Terrain Pursuant to the requirements of Section 20.3 of the Butte County Code, the 'tentative parcel map of the above property has been re- viewed by the Butte County Subdivision Committee and the Planning Commission. The Subdivision Committee and the Planning Commission recommend approval of the tentative man, subject to the following conditions: 1. Proof of water or put the statement on the map. 2. Verify legal parcel. 3. Verify legal access. 9. Provide traversable access and a road maintenance agreement, for that portion within the parcel mao. A Negative Declaration Regarding Environmental Impact was filed 'with the County Clerk on March 10, 1975. The timber mountain classification is intended for these areas which have value as timber producing areas, watershed areas, scenic areas. recreational areas and areas which by their character and particular topography require special treatment and protection to mitigate potential damage. Residential development in these areas should be confined to areas where the topography of the land will a11o~•~ a minimum amount of damage by way of erosion, siltation, surface and ground water vollution or the destruction of scenic and historical areas. Density should be considered on the basis of these factors and weighed against siternate use of the areas for timber production, recreation and watershed protection. ~~-~°--~~~' ~° Page 235. April 8, 1975 C` ~` April 8, 1975 ~ s a e r is s r r r r R w r~ s r r r s r s s e w w w s s e s a e s s w ' Zoned A-R Carolyn Bridgman; AP 36-47-32, 4 lots, corner of Edgemont ' G.P. 1-4 Dr „ & Oro-Bangor Hwy., Oroville. Engineer: braves & du/ac G~ddis i pursuant to the requirements of Section 20.3 of the Hutt_+ County Coda, the tentative parcel man of the above property has been re- viewed b~7 thQ Butte Counter Subdivision Committee and the Planning ' Comrn?ssfon. - i The Subdivision Committee and the Planning Commission recommend approval of the tentative map, subject to the following conditions: 1. Verify legal parcel. - - 2, .Construct access•ta parcels fxom Edgemont'Dr. to Fs8 LD2-standards • or obtain encroachment permits and construct drivewavs prior to filing the final mars. 3. bead to the County of Butt~~30 ft. ria_ht-of-wav from the csnt~r- line of i;dgemont and Oro-Bangor Hwy., plus a radius return at the intersection. 4. Indicates a 50 ft, building setback from the centerline of oro- Bangor Itwy. & Edgemont Dr. ~ A Negative neciaration Regarding Environmental Impact was filed with the County Clerk on March 10, 1975. 5. Annex to North Burbank Pub11c Utilities District. _•_ ._-. .. Zoned A-2 L®slie Ward, AP 31-214-U2 & 03, 4 lots, between 5th & G .P . 5-ti 6th Street4 , on north si~:a of Gzan~3 Ave . , Thermalito . du/a:c Engineer: Graves ~ Geddis Pursuant to the rec{uirements of Section 20.3 of the Butte County CadF, the tantrttive parcel map of the abov$ property has been re- viewed by the Butte County Subdfvision Committee and the Planning Commission. The Subdivision Committee and the Planning Cemndssion recommend denial of the tentative map. If approved the fallowing conditions era recommended: - • l.• Indicatz a 5Q•ft. building aet8ack from 'the centerline of Lake Avenue. 2. Granted an exception to let depth. ••~ A Negative Dsclaratian Regardin~q Environmental Im!~act was filed with the County Clerk on March 10, 3.975. ~ The Plannin Commission recommends a 9 pproval of this tentative map granting an exception on March 27, 1975. Page 236. April 8, 1975 ~'` ~'"~ ........:....~r~l 8a ~9~5......... _ ..... Q . . 75-638 REPORT BY GEORGE STAMM OF MEETING HELD ]:23 WILLOWS George Stamm, Water Resources engineer, reported on the meeting held in Willows. Se stated he had talked to Col. McCollam and hecseid they could not recommend that the structure proposed in Hemlon Slough could be done under Maintenance Area No. 5 funds. They will try to do this work under some other area of benefit. They are going to discuss the area of benefit at the meeting to be held this Friday by the State Reclamation Board. Mr. Stamm said that Supervisors Madigan and Richter sad himself had attended another meeting in Willows segasdiag the rules for Butte Basin. After discussing the rules at same length, it was felt that the rules should be modified. Modifications will be discussed with the State people. ae wi13 report back to the Board after the rules have been discussed with the interested ,agencies. 75-639 CLAIM REFERREb TO INSURANCE CARRIER The claim of Moths s Country Club explained by Dan Blackstock, County Counsel. He suggested that the claim be referred to the County's iasureace agency and let them handle it. He recommended that the Board take no action oa the claim. Recommendation discussed. On motion of Supervisor Richter, seconded by Supervisor Madigan s-:d unanimously carried, the claim of Mother's Country Club in the amount of $7'44.72 was referred to the County's insurance carrier, with the memo that the claim be placed back oa the Board's agenda by May 6, 1975. 75-640 COUNTY COUNSEL TO PROCEED WITH IN.IUNCTION ON PROPERTY IN PARADISE Mr. Blackstock reported that there is a problem with property in the vicinity of &olly & Vine, Paradise. It has been referred to the District Attorney. There is a possibility that sewage is gaiag into the Paradise Irrigation District main reservoir. Situation discussed. Oa motion of Supervisor McKillop, seconded by Supervisor Gameroa and va&aimously carried, County Counsel was authorised to file an injunction on the property that is flowing excrement into a stream in Paradise. RECESS: 12:10 RECON9ENED: 1:30 RECESS: The Board recessed to go into an executive session. RECONVENED; The Bcerd recomrened at 2:00 p.m. following an executive session. Chairman Ladd stated that personnel matters had been discussed during the executive session. 75-641 DISCt)SSION: CERES AVENGE LAND DIVISION PROBLEM: REQUIRE COMPLETION OF STREET IMPROVEMENTS Mr, Blackstock explained that this area had been found to be an illegal subdivision and a desist and refrain order had bees placed on the property by the State Real Estate Gommiasion. Total of eight lots are involved, A Mr. Kirkwood has bought two late which he wishes to combine sad plans to build a home on them. However, because of the D & R, he cannot get his building permit. The street in front of these lots has not been improved, bat Mr. Kirkwood is willing to give the County a bond for the improvement in case the street should eventually be completed. Mr. Blackstoclc has investigated this matter and feels that Mr. Kirkwood Page 237. Apr11 8, 1975 ~ ~ s . ~ R R .. ~ ~ .... _ ..: ~T::Bi 495: ~ . s ~ ~ ...:. ~ . ~ e e . is an innocent buyer end recommended that the Board authorize the building permit for Mr, Kirkwood. Discussion of ownership of the lots. A Mr. Loney and Mr.Rsmsey own the other lots, with the possibility o£ one other innocent purchaser. Mr. Loney cannot sell his lots because of the A & R, one of which has s home on it. One party is willing to put in the improvements and the other apparently is noL. Mr. Lawson questioned about the conditions of the subdivision map. One of the conditions was to put in the street improvements. Mr. Blackstock stated that he was not suggeatiag that the conditions be ignored but he feels this man is an innocent buyer and should fat be held cep any longer on building hie home. Mr. Kirkwood is willing to post a bond to do the work if the other lead owners agree to complete the other portion. Mr. BlacksCOCk stated that his other reconenendation to the Board oa this matter would be to Eile suit against the owners of the property. Discussion. Oa motion of Supervisor Madigan, seconded by Supervisor Richter and unanimously carried. the Board to require the owners of the property to complete the street improvements as stated by the condition on she subdivision map. 75-642 PUBLIC HEARING: INTENTION TO ABANDON SOUTHEAST CORNER OF LOT 1, OF SIERRA VISTA SUBDIVISION N0. 1 AS REQUESTED BY DENA BARNES: ADOPT RESOLUTION 75-60 The public hearing on the intention to abandon southeast corner of Lot 1 of Sierra Vista Subdivision No. 1 as requested by Dena Barnes vas held ae advertised. Rearing opened to the public. Appearing: no ope. Hearing cloned to the public snd confined to the Board. On motion of Supervisor Madigan, seconded by Supervisor Richter and unanimously carried, Resolution 75-60 abandoning the southeast corner of I,ot 1 of Sierra Vista Subdivision No..1 was adopted and the Chairman authorized to sign. 75-643 PUBLIC HEARING: MAK L. ALBERT APPEAL OF PLANNING OOMFffSSION DECISION TO REQUIRE THE FILING OF AN EIR The public hearing on the Max L. Albert appeal of the Planning Commissioa~s decision to require an EIR was held. Mr. Lawson gave the backgroun8 of the matter. Hearing opened to the public. Appearing: Max Albert, representing Kathleen Mos-tgomery. He explained that this will be placing three homes 1n as area that already hes subdivisions and commercial uses. Mr. Albeit went through the EIR questionnaire and outlined his objections to the answers given by the committee, Mr. Albert stated that this ie a six-acre parcel of adobe soil and he doean~t~feel that tt[e project would be taking away valuable farm land. Mr, Albert gave the Board members 8 sketch of the surrounding land. The supervisors questioned Mr. Albert about the surrounding area and the uses. Supervisors Richter pointed out that there is a drainage ditch running along the property that was put in for residential use. This land is on the line of the General Plan between low density residential Page 236. April 8, 1975 r, r a tae a s a a a r s a a Apii~ Ti>ali7~ s a a s a s a a a a s n a e re a and agricultural lead. Discussion of conflict between the General Plan and the uses. Chairman Ladd questioned about what points the EIR would bring up that the Board does not have now. Mr. Lawson felt it might bring up same thoughts oa the conflict of the zonigg and uses. Mr. Albert pointed out to Che Board that thew is a 19-acre parcel that hcd a map filed recently near this area end that map did not have an EIR required, Mr. Lawson felt this small split would have a cumulative effect. iir. Lawson questioned Mr. Alpert about the drainage of the property. Mr. Albert felt that the property had good drainage. Hearing closed to the public sad confined to the Board. 3upervianr•MnSC{clop discussed his feelings regarding this matter in connection with the Roaeiter natter discussed this morning. He feels the Board should be consistent in requiring EIR's on lot splits. Mr. Lawson stated that the Committee has discussed having one EIR for an area where the same things would be happening is a given azea. He feels that the Board should consider this. Supervisor McKillop moved sad Supervisor Madigan seconded Lhat the Board direct the Planning Director to have the Planning Commission initiate sad be the lead agency for ELBs is areas of a similar nature to the Swede's Flat area and that this action is to also apply to the Rosaiter appeal decision of this morning, sad that the appeal of Max Albert be denied. Pat McAchrea, Eaviroamental Review Committee, stated that they have been considering this matter for some time regarding the Lake Oroville area. They,~have been to the Commission with the idea but nothing has been done. The Board felt that the area should be considered at a later time. Vote oa above motion: AYES: Supervisors Cameron, lfadigan, M^Kiliop Richter end Chairman Ladd. NOE5: Nana. Discussion of the appeal. It was decided that a velvet of time would be needed. The county will prepare the EIR but Mr. Albert will have to sign e tine waiver for 2 or 3 weeks, the County will do the EIR for the Tones Way area (A1berC) end Swede's Flat area (Sehreckengaust ~ Rossiter). 75-644 PUBLIC HEARING: HUPY RANCH LAND COtIPANY REZONE TO TM-5 FOR PROPERTY LOCATED IN YARADISEs ADOPT ORDINANCE 1568 The public hearing on the Hupp Ranch Land Company rezone to TM-S for property located on both sides of Supp-Coutelenc Rd., approximately 3/4 mile east of Skyway, Paradise, was held as advertised. Hearing opened to the public. Appearing: ao one. Hear ing closed to Lhe public end confined to the Board. Supervisor Cameron movad and Supervisor licRillop seconded that the Board apprave Che rezoning , adept Ordinance•1568' and 'authorised the . Chairmaa~ta~sign. Supervisor Richter stated that as he Saw the matter, the land would drain down to the reservoir. There was ao EIx required on this and he felt there should have been. For this reason, he could not support the motion. Vote on motion-AYES: Supervisors Cameron, Madigan, Mc8111op end Chairman Ladd NOES; Supervisor Richter Yage 239. April 8, 1975 r., ~'. r r r e t s s s s e s s ~. QpT.i~ iG ~ ii7G s s s s„ R s s e s s e r s s s 75-645 PUBLIC HEARING: T. J. SAIANE REZONE TO 8-4 FOR PROPERTY LOCATED IN PABADLSE: ADOPT ORDINANCE 1569 The public hearing on the T. J. 8slone request for rezone to R-6 (maximum density dwellings restricted service) for property located at the intersection of Skyway sad Neai Rd., Paradise, was held as advertised. Supervisor Cameron questioned about the Health Department's information oa this property. Hearing opened to the public. Appearing: ao ans. Hearing closed to the public sad confined to the Board. Oa motion of SupetvisorMcltillop, sewnded by Supervisor Cameron and unanimously carried, theBoard adopted Ordinance 1569 xesoning property located at the intersection of the Skyway and Neal Rd., Paradise, to R-4, and the Chairman was authorised to sign. 75-646 PUBLIC HEARING: SCHRECLCENGAUST APPEAL OF DECLSION TO REQUIRE AN EIR ON A LOT SPLIT A gublic hearing on the Joseph Schreckengaust appeal of the Planning Commission's decision to require an EIR was held. This is the same area as the Sosaiter map discussed this morning. Hearing opened to the public. dppearing: Darrell Stevens, attorney for Schreckengaust. Mr, Stevens asked if the primary concern was the road in the area. ge feels that this should come up with the map instead of b,~ an EIR. These are large parcels. die feels that the road could be accomplished by a condition to the map. Supervisor McKillop stela d that they are concerned about tine parcels being broken doom into smaller ones later. Chairman Ladd stated that this matter would fall into the sane category as the Rnasiter matter of this morning. The EIR on that matter should be applied in this instance. Discussion of the EIR workload. There is an EIR for the Skyway that needs to be done right away. The Board felt that the EIR fox Diamond international should be deferred is favor of the Tones fey (Mau Albert, and the Swede's Fiat (Schreckengauat and 8oasiter) EIR's. This Mould'involve a maximum of 4 weeks ba.both of these. gearing: closed to the public and confined to the Board. Mr. Lawson stated that they will need a waiver on thin matter. Mr. Stevens stated that they would sign a waiver of 4 weeks. Oa motion of Supervisor Madigan, seconded by Supervisor McKillop sad carried, the Eoard denied the appeal of Joseph Schreckengauat. AYES: Supervisors Cameron, Madigan, McKillop sad Richter NOES: Supervisor Ladd The 8IR prepared for the Rossiter parcel map is to apply to this division also. 75-647 PUBLIC HEARING: STEVEN JENSEN lfAP: MATTER PDT OVER TO APRIL 29 This matter wsa held aver from last week as the attorney representing Steven B. Jensen had not received notice of the meeting. Hearing opened to the public. Appearing: Page 240. • •- April 8, 1975 ssossrrrssssrss ~r~lssa, ~9YSSSSSSSSSSSSSs Darrell Stevens. attorney, representing the owner of the property. Mr. Stevens explained the background of the matter. This has been discussed thoroughly at prior Board meetings and involves I.ake.&~rone. Supexviaar MciCtilop stated that the concern of the Board was that the lake mighC revert back to the County. Mr. Stevens felt that this could happen sow. This division is requested to allow the owner to sell the end of the lake that has the inn without having to include the lake. Mr. Blackstock felt that if the Board approved the map, the litigation the County is involved is regarding ownership of the dam would be harmed. He recommended that the Board deny the map at this time without prefudice. Ee feels that the special district that is being formed to take avez the lake will solve ail the problems concerning the dmm. Discussion of the parcel map sad. possible changes that could be made to satisfy boCh the owner and the County. Nr. Blackstock felt that there is no waq the map could be approved without ,jeopardising the County's litigation in the matter. Mr. Stevens stressed that his sliest is not icroolved in the litigation. Mr. Blackstock disagreed with this. Discussion of possible solutions. Mr. Blackstock suggested that they sign a waiver and study this matter and~make a decision is a week or two. He feels Chat if the natter could be putt over astil the district is formed. there would be no problem. Supervisor Madigan questioned about the lots surrounding the lake. The matter is set over to April 29 at 2 p.m. 75-548 AiTrHORIZE LETTER COMMENDING SILL TALBITZER Supervisor 14cKillop requested that a letter be written under the (ltairman's signature to commend Sill Talbitser, who is retiring. On motion of Supervisor McBiliop, seconded by Supervisor Cameros and unanimously carried, the Board authorised a latter to Bill Talbit:er commending him for his services to the County. 75-_649 MATTER PRESENTED BY BOARD MEMBERS Supervisor Cameron stated that he had receivi[ calls regarding maps that had been refected by the Recorder's office. He feels the Recorder ie taking action when there is no ordinance ',het in effect on these. Mr. Blackstock stated that the ordinance had been discussed relating to state requirement and apparently there was duet a misunderstanding that the new rules had bees adopted. This matter has bees taken care of. Supervisor Madigan asked about the committee that was supposed to look at the Veterans' Service Office. Ae wondered what had ever happened Co that matter. Clif Nickelson explained that the committee did meet end that he has a report on his desk that he will present to the Board next week. ADJOIIRNMENTS TEcf~s being nothing further befor8 the Board at this time, the meeting was ad~ouraed at 4:00 p.m. to omtene on Tuesday, ril 15, 1975 at 9:00 6.A-. ATTEST: CLARK A. ,NELSON, COUNTY CLERK sy: ~`~ ~' ~ airman of the Bo d Board of Sup x isoxs Clerk page 241. April 8, 1975