HomeMy WebLinkAboutM042076~ ~.
April 20, 1974
STATE OF CALIFORNIA )
SS.
COUNTY OF BUTTE )
The Board of Supervisors met at 9:00 a.m. pursuant to adjournment.
Present: Supervisors Ladd, Madigan, McKillop, Richter and Chairman Cameron.
Clif Mickelson, Administrative Officer; Dan Blackstock, County Counsel, and
Clark A. Nelson, County Clerk, by Margie Catt, Boord of Supervisors Clerk.
Pledge of allegiance to the Flag of the United States of America
76-590 APPROVAL OF MINUTES
n motion o pervisor McKillop, seconded by Supervisor Madigan
and unanimously carried, the minutes of April 13, 1976 were approved as mailed.
7d-591 COMMUNICATIONS
~ Mrs. Harold Anthony, Paradise. Mrs. Anthony writes opposing the development of
~ ~ 3 ~ the ald golf course in Paradise, Referred to Planning Department.
Margery Anthony, Paradise. Mrs. Anthony writes urging the Board to uphold the
~0 Planning Commission's conditions for the proposed subdivision by
1 /~J • Mr. ICasza as she is concerned about fire safe#y in the area.
Referred to Planning Depar#ment.
McCain Associates, Chico. Mr. McCain writes on behalf of their client, Mr.Giorso,
V asking that the rezoning request for AP 42-07-99 be withdrawn, and that the
/~ 3 ` v application fee be refunded inasmuch as no staff time has yet been used on
the application. Discussed. See motion following communications.
wlliam H. Stuart, OroviUe. Mr. Stuart writes on behalf of a citizen Steering Committee
of residents of Concow Basin, Big Bend, Jordan Hill, Yankee Hill and
r X3,00 Pulga, and asks that the Board place an interim timber mountain zoning
designation on the area in the vicinity of d3ncow Road and Hwy. 70.
Letter diswssed. Supervisor McKllop and staff hove been meeting with
the people in Phis area. The residents are requesting a TM-5 interirm
zoning for a area of about one mile square.
Frank Cuny, Chairman of the Steering Committee, was present
and explained the request for the interim zoning. Background of the request
set out. The petition was signed by the property owners in the area, with
the exception of 8 people who are residents of the area.
Supervisor Richter voiced his views about the zoning. He
would like acfion on this deferred until next weak to see if there is anything
going on that this zoning might interfere with.
Action deferred one week.
Carl Hecker. Appeal of Planning Commission to reverse the policy under Condition No. I, _
deeding of right-of-way to County from centerline of LaPorFe Read. Read;
~ ~ z~. , O ~ put over ro next week . r
Page 262.
April 20, 1976
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Congressman Harold T. (Bizz) Johnson. Advises the Board that Butte County has been
6 L~ ~ O o awarded a Federal :Grant in the amount of $39,75fl for Community Services
programs. Letter read and discussed.
Albert E. Warrens, M.®. Writes regarding widening of Skyway, by obtaining rightbf-way
~0 ~~ 0 ~ of railroad, thus making a four-lane highway. Letter read and discussed.
Clay Castleberry, Director of Public Works, will answer the letter.
76-592 APPROVE REFUND TO MR. GIORSO, RE REZONING REQUEST WITHDRAWN
On motion o perv sor Ric ter, sewn e y upervrsor a an
unanimously carried, the request of Mr. McCain on behalf of their client, Mr. Giorso,
for refund of the application fee for rezoning for AP 42-07-99, was approved,
continent on approval of the Planning Director.
76-593 MATTERS PRESENTED BY BOARD MEMBERS
Supervisor Ric tern rme t e Board that the Chico University swim team
should be recognized by the Board for their achievement in the 4th Great National
Title; the Board should recognize the tremendous feat of this team. He requested
that a letter of commendation 6e written to them.
It was moved by Supervisor Richter, sewnded by Supervisor Madigan and
unanimously carried, that a letter of commendation be written to the swimming team
of Chico State University for their recent achievements.
Supervisor Madigan stated that last Friday when Congressman Johnson was
in Chico he talked to him about Senator Sisk's bill. Supervisor Madigan felt the Board
should contact Vince Webb and Merelman and see if there can be anything done to
implement the bill. The bill relates to medical care of "Wet Backs"' in the State. It
is felt that the Federal Government should assume the obligation to take care of these
people. The Sisk Bill would take wre of the emergency or acute medical care of
the 'tiMet backs ".
Mr. Nickelson will write a letter to Vince Webb and to Merelman
requesting that these endorse the bill.
76-594 WAIVE FIRST READING: SALARY ORDINANCE AMENDMENT
n motion o Supervisor Ric ter, sewn e y Supervisor Mclcillop and
unanimously carried, the first reading of the salary ordinance amendment to add
one additional assistant engineer to the public Works Engineering and Administration
Section to meet excess work demands was waived.
76-595 APPROVE BAR-0 -BOYS' RANCH CONTRACT
On motion o Supervisor igan, sewn ed by Supervisor Richter and
unanimously carried, the contract with Dal Norte County for use of ten beds at the
Bar-0-Boys` Ranch that reflects a rate increase from $295 to $320 per bed per month
was approved and the Chairman authorized to sign.
76-596 APPROVE AWARD OF BID: LIBRARY FURNISHINGS
Tom Strut rs, Purc asing Agent, was present to the matter of the bids For
library furnishings. Bids have been received for shelving, library Furniture, office
furniture and miscellaneous furnishings for the Parpdise and Durham libraries at a
total cost of $59,723. Recap of the bids had been given to the Board members.
Bids discussed. Mrs. Terry, County Librarian, explained the matter
Page 263,
April 20, 1976
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af the bids received; she felt that everything listed is needed. Type furniture that
was to be purchased discussed.
Supervisor Ladd felt the Board should ga over the list and see if the County
wants to buy all the things listed. It was Supervisor Richter's feeling that the Board
should rely on the staff recommendation.
It was stated that the funds for these purchases were to be taken from
Revenue Sharing funds.
On motion of Supervisor McKillop, seconded by Supervisor Richter and
carried, bid for the purchase of library furnishings was awarded in the amount of
$59,723 to
AYES: Supervisors Madigan, McKillop, Richter and Chairman Cameron
NOES: Supervisor Ladd
76-597 BUDGET TRANSFERS APPROVED
On motion of Supervisor McKillop, seconded by Supervisor Richter and
unanimously carried, the following budget transfers were approved;
B-156 Public Guardian. Transfers $200 from Board authorized travel
;to equipment maintenance in order to cover cost of typewriter repairs
which have exhauste the budgeted appropriation,
B-159 Public Works - I~3npinA. Transfers $450 from professional and
specialized services to office expense because of unanticipated increases
in the number of Contractors bidding on project, thereby increasing paper
cost for the production, of plans and specifications.
B-160 Public Works - General Admfnistratian. Transfers $71.61 from
office expense to equipment in order to cover Lhe costs of the purchase of
various office equipment which exceeded the appropriation.
B-162 Public Health - Laboratorv. Transfers $150 from medical and
dental supplies to equipment in order to purchase a combination refrigerator
freezer for the Labroatory. Purchase was authorized by the Soard on April 6.
B-164 Local A enc Formation Commission. Transfers $300 from Board
authorized travel to other transportation and travel because of unanticipated
increase in the number of CALAFCO meetings requiring travel.
'~ B-165 Central Services - Communications. Transfers $13.43 from
" extra help to overtime in order to cover a deficiency in pvertime apprnpriation
caused by having Chico switchboard malted for the recent Chico Area Recreation
District Election. -
B-166 Central Services - Motor Pool. Transfers $219 from the reserve
to rents and leases structures 8nd grounds in order to cover [he~Ie86e
agreement on the Li pt rap property utilized for employee parking~on the
corner of Huntoon and Robinson Streets through the end of the fiscal year.
Page 264.
Apri 120, 1976
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7b=598 PROPOSED CHANGES TO LAND CONSERVATION ACT: PUT OVERO~IE WEEK
The Lond Conservation Act Committee recommends the Board amend
Resolution 74-129 to increase the application fee from $25 to $50, and amend
Resolution b8-7 increasing the minimum acreage criteria for entry into the Land
Conservation Aet. Supervisor Richter requested that this be bald over one week
and have the discussion of this prior to the rezoning in north Chico. He would like
to have the people that will be present for the rezoning hear the discussion on these
changes.
Matter put over one week, to be discussed prior to the afternoon hearings.
76-599 ADOPT ORDER DECLARING FORMATION OF LAKE MADRONE WATER DISTRICT
On motion o Supervisor McKi op, sewn e y Supervisor Ma igan an
unanimously carried, the order declaring formation of Lake Madrone Water District
was adopted and the Chairman authorized to sign.
76-600 AUTH_ORIZERETURN OF FILING FEES FOR CANDATES
~~ C a A. Ne son, County C er , requests: Approval to return filing fees
far candrdates Charles Skow, Robert Mueller, Jordan Peckham and Daniel Blackstock
who filed for the Chico Municipal Court judgeship because of the cancellation of
election due to the Governor's appointment, Discussed.
On motion of Supervisor McKillop, seconded by Supervisor Richter and
unanimously carried, the return of fiiing fees for the above named candates was
authorized.
76-601 COURT REORGANIZATION: LETTER AUTHORIZED TO BE WRITTEN
C ar A. son, County C e , presente a reso ution n opposition of
Senate Bill 1500 concerning court reorganization. Dan Blackstoek, County Counsel,
explained the bill; under this bill, ail the courts are put ander one court. Each
court would have an administrator and he will set the staff for each court he is
administering. All the fines collected would go to the State to pay the salaries.
The Court would stiil pay for the staffing. Bill explained and discussed.
It was felt that the ogorganization portion of the bill is good .but.thcff~fihe
funding side is bad. The Board did not want to support the funding portion.
It was moved by Supervisor Richter, seconded by Supervisor Madigan
and carried that a letter be written with a qualified oppositbn , to approve the
reorganization portion but to oppose the portion relating to the funding of the
court system, as outlined by CSAC.
AYES: Supervisors Madigan, McKillop, Richter and Chairman Cameron
NOES: Supervisor Ladd
76-602 APPROVE VARIANCE RENEWAL FOR LLOYD KURTZE, PARADISE
On motion of Supervisor-Ladd, seconded by Supervisor Madigan and
unanimously carried, renewal of variance to Sections 19-10 and 19-12 of the Butte
County Code for Lloyd Kurtze, 5384 Libby i'bad, Paradise, AP 54-191-21,
was approved.
76-b03 PUBLIC WORKS ITEMS APPROVED
On nation o Supervisor dd, seconded by Supervisor Madigan and
unanimously carried, the following action was taken: -~
Page 265.
April 20, 1976
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I. Approved storm drainage plan proposals (Thermalito and Chapman areas);
transferred funds #rom completed work order 1679 (Upper Palermo Road) in the amount
of $5,872 and 5l71 (Muir Avenue Railroad crossing) in the amount of $1,405, for a total
of $7,263 going to professional and special services; and authorize the issuance of
purchase orders for plans proposed by Graves, Geddes, and Driscoll for Thermalito
area ($2,000} and to lolls, Anderson, and Ross, for the Chapman Area ($4,000).
2. Approved engineering agreement with Landon $ Associates to provide
design, plans and specifications for bridge and channel relocation far EI Monte Avenue
Bridge design, with payment to be on an hourly basis not to exceed $9,000, subject to approval
by Auditor and County Counsel, authorized Chairman to sign and approved a transfer of
funds from the road reserve in the amount of $9,000.
3. Authorized the Oroville-Quincy I~ad' project at Brush Creek by p
renting equipment for grading and transfer of completed work orders 5143 (bald Rock
Read) for $5,083.65, 1884 (Las Plumes and Hearst Avenue) for $9,526 and 1901
(Goodspeed-Watt Road} for $12,412 to project, with commencement by County crews
and rented equipment.
4. Authorized cities to check plans and issue building permit when property
owner has requested annexation and appropriate city requests.
5. Authorized deposits made January, 1970, plus any accrued interest
be released ro Lassen Avenue Assessment District as credit toward C. A. Bumett's
assessment.
6. Approved plans and specifications for the curb, gutter and sidewalk
work on 18aseben Avenue from Ft. Wayne to 'O"Street, Oroville, authorized
Chairman and Public Works Director to sign plans, adopt wage scale, authorized
advertisement subject to Housing and Urban Development approval, and set bid
opening II:00 a.m., Public Works office, May 13, 1976.
76-604 CLARK ROAD A55E55MENT DISTRICT-AWARD OF BID; HOLD OVER
At t e request o .Caste rry, Director o Pu is o s, award of
bid of the Clark Road Assessment District was held over.
76-605 INFORMATION AND DISCUSSION ITEMS
a. port on risen Avenue roe contract. Attorney for the bidder will
be present later in the meeting and the matter will be discussed again at that time.
b. Richvale East railroad crossing protection. This was funded from a
previous list; it is in the process of being done. Report for information.
76-606-91itE6TOROF PUBLIC WORKS AUTHORIZED TO WRITE LETTER RE: green line bill
C ay ast a erry, erector o is or s, reports on t e green me r
He requested authorization to write a letter in support of AB2713 addressed to
Senator Collier. '
On motion of Supervisor Madigan, seconded by Supervisor McKillop and
unanimously carried, Director of Public Works was authorized to write a letter
to Senator Collier in support of AB 2713 which would allow for the painting of green
lines an roadways to assist: visitors to points of interest and to recreational areas.
Page 266.
April 20, 1976
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76-607 RISGUSSION OF ASSEMBLY BILL NO. 1810
Discussion of Assembly Bill No. 1810 held at this time. There have been
some stroirg amendments ro this bill. Chairman Cameron said he was not pushing this
bil! now. V-rth the funding withdrawal, he feels that the bill will die.
No action taken at this time.
RECESS: The Board recessed at (0:00 for rooming recess and then an executive session
ro interview candidates for the office of Director of EOC.
RECONVENED: The Board reconvened at 11:05 following an executive session.
76-608 APPOINTMENT OF NEW DIRECTOROF EOC
G airman Cameron reporte on t interviews of candidates for the
position of exewtive director of EOC. The Board interviewed three applicants.
On motion of Supervisor Richter, seconded by Supervisor Madigan and
unanimously carried, Mr. George Nackos was appointed executive direcror of
Butte County Economic Opportunity Council.
76-609 PUBLIC WEARING; CLARK ROAD ASSESSMENT DISTRICT NO.
ADOPT RESOLUTIONS 76-78 through 76-82
T pu is aring on C a Rn Assessment District No. I was held
as advertised. Bob Bnrnsell, attorney for district, was present. This is the project
for curbs, gutters and si¢l~walks. Bids were open for the work; they were under
the estimated total for the project.
Mr. Brunsell read the letter from the Peter Pan Day School. This is a
protest to the offer for right-of-way; it does not need to be treated as a protest
ro this district.
Hearing opened ro the public. Appearing: No one.
Hearing closed to the public and confined ro the Board.
Mr. Brunsell explained action that should be taken. The amended
Engineer's estimate of cost and amended engineer's report was filed. Notice of
award of contract filed and is ro be published.
On motion of Supervisor McKillop, seconded by Supervisor Ladd and
unanimously carried, the following resolutions were adopted and the Chairman
authorized ro sign:
Resolution 76-78 overruling protests
Resolution 76-09.directing Engineer of Work ro file amended Estimate
of Cost and amended Report
f~solution 76-80,f~solution and order approving amended Engineer's Report,
ordering the improvements and confirming assessment.
Resolution 76-81 authorizing changes in the work to be made by the
Director of Public Works
Resolution 76-82.of award of contract
Page 267.
April 20, 1976
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76-610 APPROVE JOINT POWERS AGREEMENT: NORTHERN CALIFORNIA EMERGENCY
MEDICAL CARE COUNCIL
An amended Joint Exercise of Powers Agreement to include the Counties
of Butte and Glenn as participating counties in the Northern California Emergency
Medical Care Council has been prepared. Carl Lindberg was present to answer any
questions the Board members might have on this subject.
Agreement discussed. Dan Blackstock, County Counsel, explained the
details of the agreement. !n the event that insufficient grant funds are received by
July, 197b, then the County vwuld be out of the contract. Thirty-day clause explained.
Supervisor Ladd stated he does not support this agreement. Supervisor
Madigan said he felt it was objectionable that the Boards of Supervisors have no control
over this matter.
Emergency care services discussed.Dr. Enloe spoke in relation to the
agreement. lie stated he Belt Butte County has been a leader in medical care;
advancements have been made in emergency services in the County. Fle did not
think vests ~,wuld rise with the approval of Phis agreement.
At this point, the Board is merely speaking to the agreement; it is not
time to speak of the future costs.
Mr. Carl Lindbert, Executive Director of the Northern California Emergency
Medical Care Council, set aut their views and concerns. Services that would be
available to the County through the councii set out. tie feels it is a good management
program and that the proposal is rational.
~~~: sn
On motion of Supervisor McKilfop, seconded by Supervisor p and
carried, the agreement with Northern California Emergency Medical Care Council was
approved, to include the condition set out by Plumas County, that is if there are no
Federal funds, then the agreement would be cancelled, and the Chairman was
authorized to sign.
AYES: Supervisors Madigan, McKillop, Richter and Chairman Cameron
NOES: Supervisor Ladd
76-611 APPEARANCE OF REPRESENTATIVES FROM BUTTE COUNTY EMPLOYEES ASSOCIATION
Representatives from the Butte County Employees ,Qasociation spoke to the
Board concerning the CPS salary and classification plan. Bob Jones, Manager of the
Associa#ion, introduced Ted Cleveland, President of the Association, Pat Patten, Mac Parker and
Paul Kir}g, members of the negotiating committee. They have participated in the
negotiation sessions.
Ted Cleveland read a prepared statement expressing the view point of the Committee
and the Board of Directors. They feel this is a mos! critical item; they have dealt in good faith.
They said they hoped that the Board would take action today to adopt the
survey and study as recommended .
members.
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No action token at this time. Copies of the statement given to the Board
Page 268.
Apri 120, 1976
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gpril 201 1976 _ _ _
76-612 PUBLIC HEARING: HAROLD NORTON APPEAL OF APPROVAL OF TENTATIVE PARCEL
MAP FOR REX ASHAUER, IDENTIFIED AS AP 62-20-89, 3 LOTS, NORTH OF BALD ROCK
ROAD SOUTHWESTERLYOF GALEN RIDGE ROAD
pu is aring on t e Haro Norton appeal of approval of tentative parcel
map for Rex Ashauer, identified as AP 62-20-$9, north of Bald Rack Road,
southwesterly of Galen Ridge i~ad held at this time. Clay Castleberry, Director of
Public Works, stated he had written a letter ro Mr. Ashauer informing him of the
hearing and inviting him ro attend. The developer was required to provide an
additional right-of-way and the developer has shown good faith by acquiring the
additional right-of-way. Mr. Castleberry feels That it would be in order to take
action. Developer has provided an alternate access.
Hearing opened to the public. Appearing: no one.
Hearing closed to the public and confined to the Board. The map has been
approved at a previous meeting; no action need be taken at thisttime.
76-613 REPORT ON LASSEN AVENUE ROAD GONTRACT: AWARD OF BID TO MC AMIS
Dorre tevens, attorney r c mrs, present at t is time. reporte
on the Lassen Avenue Road contract. McAmis was the low bidder on this project.
The day after the opening of the bids, Mr. MCAmis realized that there had been an
omission to the bid. This was for grading. Upon review, the work to complete that which
was omifted would cost about $14,000.
Mr. Castleberry said that Mr. Mcgmis had sent a letter to him as soon as
he realized that an omission had been made in the bid. Mr. McAmis would [Ike to
be relieved of the contract because of the omission in the bid.
Mr. Stevens and Mr. Blackstock have met to discuss the situation; they
would like to discuss the matter with the Board at this rime.
Mr. Stevens said they have discussed the matter with Mr. Castleberry and in
order to avoid litigation, they are willing to work out something in the way of payment
to the County to release McArnis from thc~id.
Mr. Castleberry sold there was $160,000 budgeted for the contract; they
would only !et Mr. McAmis out if he came up with the difference between his bid
and the next lowest bidder. It would mean that Mr. McAmis would have to pay to
the County $8,500.
Mr. Blackstock said he would be against going in this direction. There is
a legal obligation when you go out to bid. Under the law, the bidder cannot be
releaved of the contract. Mr. Blackstock said he would recommend that the bid
be awarded to Mr. McAmis and then stated the County would be willing to arbri#rate
with him regarding the award of contract or litigate with him. Mr. Blackstock felt
the bidder should be held to his bid.
Action to be taken discussed. Mr. Blackstock said that at this stage, the
Board should award the contract io Mr. McAmis and if he refuses to sign the contract,
then the County would proceed against him .
On motion of Supervisor Ladd, seconded by Supervisor Madigan and ~
carried, the bid for fhe Lassen Avenue RocLd.montract was awarded to McAmis
in the amount of $142,765. and Chairman authorized to sign contract. April 20, 1976
Page 269,
AYES: Supervisors Ladd, Madigan, McKillop pnd Chairman Cameron
ABSTAINING: Supervisor Richter
RECESSED: 12:15
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s s s s s SL C~ C s s s s JC ~rClt C '~IC t C CC G C Z C C Z Z~ C C C= S C C O
RECONVSRE 1:35
76-514 CLOSED REARING - NICHOLAS R. STANLEY - APPEAL OF PLANNING COMMISSIONS DENIAL
OF A VSE PERMYT TO ALLOW A R6 SPACE RECREATIONAL VEHICL$ PARR'_TN PALERL~iO.
Brief discussion. Supervisor"Ladd stated that he-'hed seen the property is
question and that the park would be the hest use of the land.
On motion of Supervisor Ladd, seconded by Supervisor Madigan and'~uaanimously
carried the Board granted the use permit to Nicholas R. Stanley for a 26 space recrea-
tional vehicle park in i'elermo, subject to the conditions.
7~bl5 APPROVAL OF TENTATIVE PARCEL MAP• RECOMMENDED FOR APPROVAL
On motion of :Supervisor McRillap, seconded by Supervisor Ladd and unanimous-
ly carried, the following tentative parcel map. .recommended £or approval was approved
, subject to the conditions, xith the findings that they have been found to be consis-
tent with the Butte County General P1aa end that negative dec].arationa have been filed
with the County Clerks
Zoned AR-MH-3 i~ilie J. Beesez, AP 44-03-05, 4 1Qts, north of
G.P. 1-4 du/ec Hosler Ave., off Nord Highway, Chico.
Pursuant to the requirements of Section 20.3 of the Butte County Code, the tentative
parcel map of the above identified property has been reviewed by the Butte County
Subdivision Committee and the Planning Commieai:n.
The Subdivision Committee and the Planning Commission recommend approval of the ten-
tative map, subject to the following condition~as
1. Show location of existing wells to Che south of Parcel 3 & 4. and indicate a
100 ft. septic tank .free radius around said well.
2. Show location of existing wells on Parcel ~kl, and indicate a 100 ft. septic tank
free radius around said well.
3. Verify legal parcel.
4. Verify legal access.
5. Provide traversable access, and construct to RS$ LD2 standards.
6. Indicate a 50 ft. building setbackffrom the centerline of all easements.
7. Show on final map all easements of record.
S, Easements to be reserved in deeds.
9. Prottide a road maintenance agreement.
Z0. All parcels to meet the minimum requirements of the zone (3 acres), exclusive
of easements.
11. Provide 6S ft. of frontage on Parcel 2 & 4, and provide cul-de-sac.
A Negative Declaration Regarding Enviro®entai Impact was filed with the County Clerk on
Pebruary 23, 1976. ~'
Page 270. '
April 20, 1476
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C C C ~~. ~~.....IQC T-~ C~~~~~T-~CCCSC~~ ~__ _S 1C CItC CCC
7S>-blb APPRDVAI. OF TENTATIVE~UBDTV~,S70N t4piP MORS~tAN $STATES
bn potion of Supervisor NadigAn~ seconded by Supervisor McKillop and unani-
mously carried, the following tentative Subdivision map vas approved, sub~eet to the
conditions, w3,th the fielding that they have been found to be conaistant with the
Butte County General Plan and that negaCive declarations have been f11ed with the
County Clerks
Norseman Bstates
Tentative Subdivision Map
34 lots, northeast of
Norseman Ave., south of
Eaton Avenue., Chico.
Zoning: R-2 G.P.: 1-4 du/ac
Owner: Sam G. Evans, Jr.
Engineer: Bachman Engineering
Pursuant to the requirements of Section 20.3 of the Butte County Code, the tentative
subdivisien map of Norseman Estates was reviewed by the Butte County Subdivisfon Committee
and the Planning Commission.
The Subdivision Committee recommends approval of the tentative subdivision map. The Planning
Commission recommends denial of the map, finding it contrary to the Butte County General
Place, and contrary to the proposed Chico Genetai Plan. If approved the follawing conditions
are recommended:
1. Ali easements of record to be shown on th final map,.
2. Indicate a 50 ft. building setback from the centerline of Norseman Avenue and the
street or streets within the subdivision.
3. Submit Road and drainage plans to the Department of Public Works for approval and
install the required facilities underground to SUDAb.
4. Construct '~ street sectjoa to RS 4 Vertical Curb Local Access Standard oa Norseman
Ave. with 50 ft. tapers Co exist at each end. Interior street to be constructed to
R54 standard.
5. Structural secfion to consist of 2" AC and 8" AB oa Norseman Ave and 2" AC and 6" AB
on interior street. Provide "R" values and other data to support structural design
if required by Department of Public Works.
6. Deed all right-of-way fee simple to Butte County.
7. Street algae shall be provided at all street intersections. (Submit 5 alternate
street names for each street).
8. Provide monumentation as required by the Department of Public Works in accordance
" with accepted standards.
9. Underground all utilities.
10. Redesign to provide circulation between the two cul-de-sac streets. The cul-de-sac
atreeta•are longer the Ordinance minimum.
Il; Lot shown as not a part is the southwest corner must be included is subdivision if it
has not bass legally divided from the subdiviaiaa.
Page 271. ~.~
" gpril 20~ 1976
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CC C CSCGCC-=i`C~C'LC=S"6CZ C~~"~C~ T.~ ~.'~^CSCCC=O CCC
12. Lots to be developed to provide 65 ft. frontage on street at se;back line.
13. Show all wells on adjacent property within 100 ft. of the subdivision boundaries, and
a 100 ft. septic tank free radius around said wells.
14. Abandon and fill the septic teak slrstem which will be located within the middle
of Donner Way to the satisfaction of the Health Department and the Department of
Public Works.
15. Engineer to submit calculations showing slots meet the minimum area requizements ae
per County Subdivision Ordinance with respect to duplex lots.
I6. Abandon and fill the well located in the center of Donner Way to the satisfaction
of the Health Department and Department of Public Works.
17. Install three fire hydrants as per Public Utilities Commission Decision ~k84334.
Minimum fire flow 3000 gallons per minute. Hydrants to be Clow Catalina ~'8. Location:
a. Corner of Lot ~1.
b. Corner of Lot X19
c, Hetween Lot 12/25 east side of new circular access.
38. The Department of Public Works and Health Department have ao objections to the use of
the setback area for calculations of minimum lot areas.
A Notice of Determination was filed by the Board of Supervisors•xith the C'dunty Clerk on
March 9, 1976.
76-67 PARK COMMONS TENTATIVE SUBDIVISION MAP PUT OVER UNTILL ABLER THE LASSEN AVENUE
ASSESSMENT DISTRICT IS FINALIZED.
Brief discussion. Mr. Retzer naked that this be put over until' after the
Lassed Avenue District is finalized.
7S '6~$ MOUNTAIN PARK TENTATIVE SUBDIVISION MAP PUT OVER ONE WEEK.
Chairman Cameron said that he had met with Mr. Kaeza, sad that Mr. Kasza
will sign an agreement to deed sixty foot access df'.•xight-of-way to Butte County.
Jim Lawson, Planning Director stated that he had rem wed no communication £rom Mr.
Kaeza to date. Put over one week.
7fi '614 WILLIAM A. RETZER - REZONE FRAM "PAC" AND'"A-2" TO "R-1", "R-2'T AND nR 4"
ON PROPERTY LOCATED ON THE SOUTHEAST CORNER OF LASSEN AVENUE AND MORSEMAN AVENUE,
CHICO. PUT OVER UNTILL AFTER THE LASSEN AVENUE ASSESSi~NT HEARING I5 HELD AND THE
DISTRICT IS FINALIZED.
Mr. Retser rakes that his rezoning :hearing ba postponed until', after the
Lessee Avenue Assessment District is finalized.
1fi-620 DISCUSSION~OF AB 4226 i
Dan Slackstock, County Counsel stated that he had read the bill and was
concerned that the bill cculd create problems if the holders of surplus water were j
to sell say of it. Mr. Slackstock stated that if the Board approved of the general
caacept of the Sill there could be a provisional contract to relieve the County in
that partieular aituatioa. Discussion continued to next week.
Po9e 272. ,
' Apri) 20, 1976
P'~ ~'':
COIINSEL TO WRITE A I.ETTBIt TO_DIIDLEY WATER bISTRICT
Dan Blackatock, County Counsel, asked if the Soard would liYe to write a
letter to the Dudley ;Water-Dietrict and do some tentative aegntiating for the sell-
ing of water the County is gequired to pay for under our contract with the Department
-•--~~_3~axex.~ie~.ources..-- _ --
Oa motion of Supervisor McKillop, seconded by Supervisor Ladd and carried
the Board voted to have County Counsel, Dan Blackstock to write a letter to the
Dudley Water District to begin tentative negotiations to sell water that we are re-
quired to pay for under our contract with the Department of Water Resources. '
]lt~e622I].?S ,~LAI~DLR DIRECTED IO ISSUE BUILDING PERMITS TO MR, DUBOISE . -.. -~- -- .._ _ _ . _ - --.
Jim Glander, Building Department waa directed to issue a building permit to
Mr. Duboise.
7b-623 PUBLIC HEARING: LASSEN AVENUE ASSESSMENT DISTRICT
Everd McCain explained in detail what the new assessment would mean sad said
iC will reduce everyones assessment.
Hearing opened to the public. Appearing:
1. Spencer Clark. Mr. Clark spoke in protest of the Assessment method.
2, Ken Smith, Spoke is protest of the curbs and gutters. Mr. McCain stated
that the curbs and gutters could be deleted from the assessment completely. The Board
concurred and the cost of the curbs and gutters will be deleted from the cost of the
assessment.
3. Ralph McCullen, Parcel ,~ 62, protest the assessment of the sidewalks, and
the method of assessment.
4. Sanford Evans. Read a latter of protest to the Board. Is also in protest
of the cuxbs~and gutters. Mr. Evans naked for a new out-of-area engineer to evaluate
the aituation,ad~~ji~estigate Mr. McCaina method of assessment. Mr. Evans pointed out
the discregancl.es is the assessments.
5. Robert Sanders. Speaking in behalf of Joyce L. Hall in protest of the
method of assessment.
6. William R~teer. Protest the verticle curbs and gutters, explained the
cost problems and stated that it was~s waste of money. Is in favor of roll curbs.
Dan_Blackstack,asked that the protest be closed.
Supervisor McKillop asked if the cost could be adjusted with the present
low bidder to roll curbs and gutters. Mr. McCain stated that the Boerd had the lati-
tude to make verticle or roll curbs sad gutters. Hearing set for May 4, 1976 @ 2:30
PM,
On motion of Supervisor Richter, seconded by Supervisor McKillop and unani-
mously carried the Board voted to receive the written protest of the method of assess-
men for the Lassen Avenue Assessment District.
On motion of Supervisor Ladd, seconded by Supervisor Richter and unanimously
carried the Lassen Avenue Assessment District was closed to protest. ;
Lassen Avenue Aseessment.District hearing set for May k, 1976 at 2630 P,?i.
Page 273. ~
Apri 120, 1976
~ ~
'3 CC CCC C CCC CmtGC~ lCC ciCCE C"GC L'.~.~~ CC S.C @ CL-w6C AIL iS fC ~i
76 -b24 PUBLIC SEARING - BILLY J. WIT.EY - APPBAI. OF PLANNING COfl~4SiSSION~ 3 DENIAL OF RE
ZONING FROt'i "8-4" (RESIDENTII~7rMlt]CIMUM DHl1TSIT7~ TO "C-1" (Llfi~f C~RC[AL) PgQPERTY
LOCATID ON THE 230RTHEAST CORNER OF EAST AVENGE AND RAMADA WAX CHICO
The public hearing for Billy J. Wiley-appeal of Planning Comm~.saions Denial
of rezone from "R-4" (resideatinl-maximum density) to "C-1" Flight commercial) proper-
ty located on the northeast corner of East Avenue and Ramada Way, Chico was held as
advertised. Jim Lawson, Planning Director set out the details of the hearing ,and pro-
vided background.
Hearing opened to the public; Appearing;
1. •8illy Wiley. Hr, Kiley explained that his wife wanted Co operate a beauty
shop sad retail cosmetics to do this they would seed a "C-3~• zoning. ~ ~
2. lir. 8ayea. kfr: Hayes is in favor of zoninng ali c€ Ea,at Avenue "C-1"
saying that this would do swap with spot toning.
3. Lucille Griffith. Mrs. Griffith is opposed to the proposed toning, she
stated that the "R-4" ie good planning.
4. Betty Hill. Ia opposed to the proposed rezoning. Mrs. Hill believes
that the rezone is not in the best Interest of the County of Butte.
5. Joan Wheely. Mrs Wheely is a real estate broker. She believes that it
would be gnod planning to zone it commercial. In favor of the proposed "C-1" zoning.
6. Ann Sylvester. Is against the proposed rezoning, she stated that East
Avenue is the main route for three schools, Chis rezoning would create a hazard for
the children.
7. Clair Myers. Accountant. Is in favor of the rezoning, feels that East
Avenue was committed to commercial when~it was made a four lane iiigh~ay.
Searing ciosed to the public and confined to the Board.
On motion of Supervisor Madigan, seconded by Supervisor Richter and unan-
imously carried the Board voted to uphold the Planning Co®ission recommendation and i
deny the proposed rezone. ~
7625 ADOPT xESOI.U~ION 76-83. kffi7AMING=COUNTY HIWAYS. MAGALIA DRIVE AND HEAL ROAD ~
The public hearing to rename two hiways im the County of Butte, Magalia '
Drive and Neal Road, was held ae advertised. Jim Lawson, Planning Director, stated
that the 1'lanaing Commission had approved the two names.
Hearing opened to the public. Appearing; No one.
On motion of Supervisor Richter, seconded by Supervisor Ladd and unanimously
carried the Board voted to adopted resolution 76-83 changing the names of two Butte
County hiwaya, Magalia Drive and Neal Road tv Brandy Court and Northlake Road, pur-
suant to the advertisement.
76-626 DISCUSSION OF ASSEMBLY SILL 4460
On motion of ~Superv$,sor McKillop, seconded by Supervisor Richter and unaai•_
mousiy carried the Board directed Dan Blackstock, County Counsel, to write a letter
of protest to Assemblyman Chappie regarding AB 44fiO.
RECE55 4.00 P.M.
• The Board recessed at 4:00 p.m. ro reconvene on Wednesday, April 21, 1976 afi $:30 a.m.
Page 27'4•
April 20, 1976
~ ~.
RECONVENED: 8:30 a.m. Supervisor McKillop absent.
76-627 DISCUSSION: 5ELECTION OF NEW MEMBERS TO BUTTE COUNTY HOUSING AUTHORITY
e ar rscusse recommen names supp re y t using t onty.
The Board felt they would like to make their own selection of new members to the Housing
Authority. Supervisors Madigan and Richter will select several names for appointment from
their area and Supervisors Ladd and McKillop will select several names for appointment
from their area.
76-628 pISCUSSION: PROPOSED SUBDIVISION ORDINANCE $ PARCEL MAP REVIEW
Continuatim a t e iscussion on t o proposed su ivision o finance
at this time.
Environmental reviews and parcel maps for parcels of 4Q acres or more
discussed. Parcels or acreage of 40 acres or more would not be required ro file
a parcel map. It was felt that the rules should be clarified on the requirement
of EII~ and parcel maps.
County Counsel presented copies of a memo clarifying the requirement for
parcel maps and environmental reports. Memo discussed. Memo explained by
Mr. 8lackstock.
Exemption of requirement of filing of parcel mop for parcels of 40 acres
or more discussed.
Page 45 of the proposed ordinance discussed. Appeals explained and
discussed. A waiver could be granted for any division of 4 or less parcels.
On top of Page 47, wording should 6e changed to read; division wmplies with the
findings required in Government Code Section 66428. County Counsel will re-type
this paragraph.
Waiver of signature on Page 48 is a new section. It is being used by
many counties. Under this section, it does not require the signature of lien holders.
Discussed the securing of signatures of the lien holders. Mr. $lackstock
explained this requirement. Waiver of signature requirement,discussed.
It was stated that all fees will be established by a separate resolution.
Design standards, page 51, discussed. Discussed whether the County
would stick with the 50D'oot eul-de-sac requirement. It was felt that if the cul-de sac
is longer than 500 feet, then a second fire plug would be required. There would 6e
that many more people to gat out of the area in case of a fire. Following a discussion
of this section of the ordinance, it was feat it would be left this way until after
the hearing on the ordinance.
Provisions concerning bicycle paths and pedestrian way and for schools
discussed. Street lighting discussed. Ways of financing street lighting discussed.
It was agreed to put a rural limitation on the lighting requirement.
Wording of Section 20.4.57D discussed. Howard Toussaint said That
the wording in the present ordinance was satisfactory, and should be included in _
the proposed ordinance. Mr. Toussaint r~ill.meex with Gary Flannery and will
go over this section and see if it can be reiarorded. April 2 1976
Page 275.
1~' ~•
Public water section discussed. This will be re-warded by Mr. Toussaint
and Mr. Flannery.
Violations and Certificates of Compliance discussed.
Mr. Blackstock said wnsideration should be given to going tv a
hearing officer concept to discuss whetEier property is in violation. Mr. Blackstock
said he prefers this concept. Hearing Officer concept explained. The Board
would have more of a judicial set-up where there will be formal findings. This
type set up vwuld put the Subdivision Committee in a better position. All the proof
would go into the record under this concept. Under this concept, an attorney would
be needed for the hearing officer position. The Board members did not express any
desire for the hearing officer concept.
Provision of subpoena power discussed. Supervisor Madigan would like
to see the subpoena power concept placed in the ordinance. At the bottom of
Page 57, Mr. Blackstock will make a Hate to provide for subpoena power and
discovery mechanism.
Discussed timing for hearing of this ordinance. planning Commission will
try to get their comments to the Board within the next three weeks. The Planning
Commission will study the proposed ordinance and will take action on it.
Setting up of special hearing board ro hear use permits and variances discussed.
A public hearing will be held on the Planning Commission ordinance as proposed.
Hearing on the proposed subdivision ordinance set for Tuesday, May 18,
1976 at 2;30 p.m.
76-529 MATTERS PRESENTED BY SUPERVISOR MADIGAN
Supervisor igan commente on a attar in last Monday night's Oroville
Mercury newspaper. He commented on the matter of the statement of publication
costs being paid by the Planning Department and the statement that they paid for
the Grand Jury publications. Supervisor Madigan would like to determine who the
person is chat wrote the letter. Discussed; no action taken.
ADJOURNMENT: There being nothing further before the Board at this time, the
meeting was adjourned at 10;45 a.m. to reconvene on Tuesday,
April 27, 1976 at 9tQ0 a.m.
ATTEST: CLARK A. NELSON, COUNTY CLERIC
By: a rman o t e Boar
Board of Su isors C er<
Page 276.
April 2:1, 1976