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HomeMy WebLinkAboutM042975~"` ~"" April 29, 1975 STATE OF CALIFORNIA ) SS. COUNTY OF BUTTE ) The Board of Supervisors met at 9:00 a.m. pursuant to adjourtuneat. Present: Supervisors Cameron, Madigan, McKillop, Bichter and Chairman Ladd. Clif Nickelson, Administrative Officer, Dan Blackatock, County Counsel, and Clark A. Nelson, County Clerk, by Margie Catt, Board of Supervisors Clerk. Fledge of allegiance to the Flag of the United States of America 75-739 APPROVAL OF MINUTES On motion of Supervisor McKiilop, seconded by Supervisor Cameron and unanimously carried, the minutes of April 22, 1975 were approved as mailed. 75-744 COMMUNICATIO.IS Mr. and Mra. C. W. Jewell, Bangor. The Jewelis express thanks for the ~a O p ty excellent ,job done by Public Works on the Swedes Flat Road by removing Cress, bushes, and undergrowth. No action heeded; information only. Edwin J. and Rose C. Shaffer, Cayucos. The Shaffers ask the Board to consider commercial zoning only for Chair property on Skyway in / ~ •d C Magalia. Refer to Planning Department. Maude J. Garretson, Paradise. Protest is filed to assessment under Skyway / 0 D.~i ~ Assessment District No. 1. Place in file for hearing oa May 13, 1975. Make copies for Board members and Mr, McCain. Thomas A. McCready, Chico. Mr. McCready suggests that the hearing to be net on the land swap between the state and Mathews Readymix be held ~ / 3.C ~ aC night and requests notification when the hearing ie net. Discussed. Mr. Nickelson will write letter requesting night meeting. Northern California FIy Fishers. This organization requests the Board to consider holding the land exchange hearing involving Mathews Readymix // 3.a a in the evening and that notification be given them when the hearing is set. The Land Exchange Office will be requested to hold a night meeting. Mr. Nickelson to handle thin request. Robert B. Kutz, Chico. The attorneys files copy of Petition to Revoke Order Authorizing Construction of grade separation structure y/0 .~ O and elimination of czosaing at grade at .county road 26311 and Midways Discussed. Referred to County Counsel. Ward Cameron, Chairman Health, Welfare and Hospital Committee, Northern ~ p p.D 0 California County Supervisors Association. Mr.Cameron writes re- garding implementation of Aealth Services Area No. 1. Mr, Cameron reported on this matter. Board to take action later. Mental Aealth Advisory Baard. John Pollan, chairman, advises that Mr. Gary Jorgenson of Chico has resigned from the Mental Health Adviaorp 3 ~ G,a 4 Baard as a representative of the Iay community. Mr. Pollan suggests that conside_ratioa be given to selecting a Lay member from the Gridley area as this area does not have lay xepxeaentation at this tints. Mr, Nickelson will place back oa agenda fa two weeks. Department of Benefit Payments. William J. Kurtz, deputy director, ~/, C C responds to Chairman's letter regarding Che redueClon of welfare rp funds. Discussed; no action taken. Page 288. April 29, 1975 f"~ a o s s s o a a a a ss a s sa 4PSi~ ~94 7r~~5a a a a: s s a s s a a a e a Secretary of State. W. N. Davis, Jr., chief of archiQea, sends notite~ that the first annual meeting of representatives of County Historical 8ecords Commissions will be held in Sacramento on ~ Z /•d ~ May 30, 1975. A designate from thls County may attend at state expense. Heater Patrick is Chairman of this Committee; letter referred to her to present to the Committee for the selection of a delegate. Harry A. Phi111pa. Letter of resignation as a member of the Assessment ~ OO•ff'C Appeals Commission Board. See motion following communications. Jerry Leteon, State Forest Ranger amdCounty Fire Warden. Informs the ~ ~,F p 0 Board that he has accepted a change in aset~ent and will be leaving the County shortly. Read; no action taken. Edgar A. Boyles, Jr. He writes to advise the Board that any bond counsel fee ~ O p~` L that might be paid in the Skyway Assessment District No. 1 should be paid to the partnership of Boyles & Peck. Referred to Auditor. Supervisor Madigan. He brought up the matter of latter from Brian Rix regarding a judgment on a former patient at the County Hospital in the amount of $5,600. He asks whether he should continue with the proceedings to secure a judgment on the property on Danielson street. Chairman Ladd has looked at the property and he does not see any value to the property. It is a substandard lot. Letter discussed. Mr. Biackstock suggested that the County could contact the adjoining property owners and see if they would be interested in obtaining this property. It was felt the Board should wait to take action until they secure title to the property. No action taken at this time. 75- On motion Supervisor McKillop,-seconded-by Supervisor Madigan and unanimously carried, the resignation of Harry Phillips as a member of the Assessment Appeals Board was accepted, with a letter of commendation to be sent to Mr. Phillips thanking him for his services to the County. 75-742 CHAIRMAN IADD PRESENTED STATEMENT CONCERNING ITEMS PRESENTED BY PRESS Chairman Ladd read a statement concerning some facts that had been written in the local papers relating to a land division he was involved in. A certificate of compliance has been issued on the property in question. He will deliver a statement Co the State Division of Real Estate relating to this matter. 75-743 DISCUSSION: SURPLUS PRAPERTY The Veterans Service Office requests the Board to declare a shelf, inventory number 5705 surplus as it is no longer used and the space occupied by the shelf is needed due to consolidation of Veterans Service Offices in Chico. It wen suggested that no action be taken on Che shelf but to discuss matter with the Auditor and determine whether he could use the shelf. 75-744 PURCHASE OF EQUIPMENT AUTHORIZED: AWARD OF BID FOR GRIDLEY SWIMMING POOL 5DN 5LiADE APPROVED On motion of Supervisor McKillop, seconded bq Supervisor Madigan and unanimously carried, the following action was taken: 1. Authorized purchase of strobe light by Health Services Agency, at an estimated cost of $48. 2. Awarded bid for construction of sun shade at the Gridley Swimming Pool to Detco Steel & Construction Company of Chico at $6,377 and theGhairman was authorized to sign. Page 289. April 29, 1975 a ~~.e~~~4~.Q~dPLi~~9•l.$Z~ =~ea..,rea~:SAAR 75-745 AUTB:ORIZE WAIVER OF FEE FOR VETERANS BUILAING- PARADISE A request has been received from the Community Services Section of the State Department o£ Health in Chico to waive the fee for use of a room at the Veterans Building in Paradise. TheCommunity Services Section offers a fi $t aid class to administrators of family homes aad larger facillties/~'f`~ide care for developmentally disabled clients. The Wurse is free sad is given by a public health nurse of the Community Services Section. They do not have funds for rental of space for the class. Oa motion of Supervisor Cameron, seconded by Supervisor MciCillop and unanimously carried, waiver of fee for use of room at Paradise Memorial Hall for Community Services Section first aid class was authorized. 75-746 BUDGET TRANSFERS APPROVED On motion of Supervisor Cameron, seconded by Supervisor Madigan and unanimously carried, the following budget treasfers were approved: B-245 Planning. $1,995 is transferred to office expense and $45 to special department expense, with $195 coming from salaries and wages regular, $645 from profeasianel and special services, aad $1,200 from the reserve. B-249 Chico Marshal. $150 is transferred from other transportation and travel to equipment maintenance within the Marshal's Budget. B-250 Building and Subdivision. $1,565 is set up in overtime, and $1,400 in equipment maintenance with a total of $2,965 coming from unanticipated revenue - planning and engineering. B-251 Gridley Justice Court. $250 is transferred from the reserve to professional and special services. 8-252 Juvenile Hall. $1,150 is transferred from professional and special services to utilities. B-253 Data Processing. $1,800 is transferred to equipment maintenace, with $800 from rents and leases-equipment, $500 from Board authorized trips, and $500 from other tranaportatioa and travel. B-254 Suppplemental Manpower Program - CETA I (County General). $12,000 is transferred from salaries and wages regular to special departmental expense sad $1,500 from other tranaportatioa end travel to Board authorized travel within the Manpower budget. B-255 Memorial Halls. $531.09 is transferred to household expense, with $300 coming from regular maintenance, $II1.04 from structure aad improvements, and $120 from equipment. 5-256. Administration. $1-00 is transferred from the reserve, with $200 going to other transportation aad travel and $200 to equipment maintenance. B-257 Superior Court. $28,000 is transferred from the reserve to professional and epeciel services, and $220 is transferred from salaries sad wages regular to equipment maintenance. B-258 Public Works-Mapping. $b00 is transferred from professional and special services to office expense within the mapping budget. 75^747 AISCUSSZON: CONTRACT WITH DAVID WILSON FOR PERSONAL SERVICES ~ LEASE WITH MRS, R. A. 82~AY FOR OFFICE SPACE: COMMUNITY ACT10N AGENCY Under the contract with Mr. David W1lson~for personal services, Page 290. April 29, 1975 .............: Eril 29,.1~7d .............. . Mr. Wilson will provide psychological observation services is support of the Butte County Head Start Program. Maximum payable under the contras is $544, Supervisor Cameros was concerned thaC the County had to go to Redding to have the contractor for this work. He wanted to know if there wasa~t someone is the County thaC could do this work. Dr. Maguire has stated that his department could do the work. Pat sorry, EOC Director, said he would be happy to go along with this and ask Dr. Maguire if he will handle the psychological observation services. He will ask Nadeen West to get is touch with Dr. Maguire and see if he could handle this work at this time. Lease with Mrs. %. A. Gray for office space at the rate of $150 monthly discussed; it runs from May 1 through December 31, 1975 and is for office space on Robinson Street to relocate the offices of the Oroville Area Human BIGHTS Center. Lease discussed. Mr. Nickelson said it was possible, i£ the Board wishes, for the ibuaty to supply one of the residences out at the hospital instead of leasing from Mrs, Gray. Mr. ACkins could get the records out of this residencein four or flue days. Mr. Nickelson will get together with Mr. Barry and go aver the matter with him. This location will give them adequate space for the functions of this program. 75-748 ACCEPT RECOMMENDATION OF DR. ENLOE FOR iI~LEMENTATION OF CONCEPT OF ONE AGENCY FOR HEALTH SEBVICES Dr. Enloe requests Board action to implement recommendations made in addendum to report of April 15, 1975. He reiterated that they have reached a point where a decision should be made whether there should be two departments or one. He feels the County should move forward on this matter. Becommendations discussed, It was felt that this method would give the department more efficiency. Supervisor Cameras said he would like to see someone other than physicians doing the desk work. Chairman Ladd agreed that every attempt should be made to use other Chas doctors for administrative work. oa motion of Supervisor Cameron, seconded by Supervisor Madigan and unanimously carried, the Board accepted the recommendations of Dr. Enloe for the setting up of the whole geaith Services process under one department. 75-74__9_. APPROVE PURCHASE OF MI%ER FOR JUVENILE HALL The Probation Officer resubmits a request for authority to purchase a replacement mixer for Juvenile Aall. He states that a small mixer can be purchased €or approximately $82. Request discussed. Chairman .add wondered why this could not be purchased when the other purchases for Che ball ere made. on motion of Supervisor Richter, seconded by Supervisor Madigan and carried, purchase of mixer for Juvenile Hall with funds to be transferred from professional and apeeialized services to equipment within the Juvenile Hall budget to cover was authorized. AYES: Supervisor Cameron, Madigan, McItillop and Richter NOES: CHAIRMAN LARD 75-750 ADOPT RESOLlTPION 75-76 APPROVING AGREEMENT WITH CALIPORNIA YOUTH AUTHORITY FOR DIAGNOSTIC SERVICES .:. ` On motion of Supervisor McKillop, seconded by Supervisor Madigan sad unanimously carried, Resolution 75-7b approving agreement with California Youth Authority for diagnostic services was adopted sad the Chairman was authorized to sign. Page 29i. April 29, 1975 n e .a .r s a a a a s: s e a s ep~si'ie 29b Pe9~5a s .s r a s a r s e e s s c e RECESS: 9:50 RECONVENED: 10:05 75-751 APPROVE PUBLIC WORKS ITEMS On motion of Supervisor Madigan, seconded by 5upervisox Richter and unanimously carried, the follawing action was taken: 1. Approved rental of air compressor +564 (big diesel) to Department of Water Resources at fair rate for about three months. 2. Approved inclusion of Nord-Gianella (75-7fi) project with the call for quotations for haul and furnish rock; and (b) inclusion of the Neal Road {74-75) in the call for contract bids for furnishing and d:livering base rock and authorization granted to complete and oil and chip force account. 3. Granted authorization to repair and restore the River Road embankment at the washout; (b) fcund that this repair and restoration work is categorically exempt from an EIR since repair work lies within existing right of way; (c) that the embankment will come from local existing gravel bar site and some broken concrete riprap material which is available for use; and (d) that $30,060 be made available for this protect from the following sources: (1) reduction in Cummings Avenue project (WO 5145) $15,000, and (2) postponement of various box culverts extensions (WO 3752) $15,900. 75-752 AUTHORIZE PURGliASING DEPARTMENT TO RENT OR EARLY-PURCHASE A CHIP SPREADER Public Works recommends that the Purchasing Department be authorized to rent nr early-purchase a chip spreader. It is proposed for acquisition in the 75-76 budget for use in the summer oiling program and for the 10 to 15 force account projects. Estimated rental cost is $1,500 to $1,800 per month, which could be charged to the various projects and applied toward the purchase, if approved. There are two available on the west coast and otherwise delivery would be approximately 18 Ronths. Clay Castleberry, Director of Public woxks, explained this request. Request discussed. On motion of Supervisor Madigan, seconded by Supervisor Richter and unanimously carried, the Purchasing Department was authorized to rent or early-purchase a chip spreader. 75-753 APPROVE AGREEML?N~S FOR SALE. RIGHT OF WAY AOQUISITION On motion of Supervisor McKillop, seconded by Supervisor Cameron and unanimously carried, the following agreements for sale for right of way acquisition were approved, Chairman authorized to sign sad Auditor authorized to draw warrants upon demand of County~s escrow agent: Oro-Quincy 27561-73-1 Marilyn 0. Weitkamp ~ 0.224 $270 No Impr. $270 Harvey 5waton et ux Clark Road 57452-74-1 Allen F. Yink et ua 0.921 $915 " " $915 " " " D, T. Routh et al 0.117 $5100 " " $5100 75-*PPROYE AWARD OF WATER IMPROVEMENT CONTRACT FOR EUTTE COUNTY FAIR- WATER SERVICE CONTRACT Butte County has been asked to approve and concur in the award of the water improvements contract to Sears Construction Company of Oroville for the low bid of $28,300. Public Works reeammends approval and concurrence. Page 292. April 29, 1975 ~" f"~ . ~, .............Agr:1:2~..1~7~ ........., ..:. . On motion of Supervisor Richter, seconded by Supervisor Madigan and unanimously carried, award of the water improvements contract was approved to Sears Construction Company of Oroville for the low bid of $28,300, subject to County Counsel and Auditor approval. 75-755 APPROVE EXTENSION OF TIME TO COMPLETE IMPROVEMENTS FOR LATTER DAY 9AINT5, CHICO-CANYON ROAD Clay Castleberry; Airector of Public Works, reported that he had viewed the site in question concerning the use permit for Latter Day Saints, Chico-Canyon Road. Mr. Castleberry said he would suggest that the Board grant them a 18-month extension of time for completion of these improvements. They will provide of#-street parking. , This property is just north of Che California Park development. On motion of Supervisor Madigan, seconded by Supervisor Cameron and unanimously carried, a letter was authorized to be prepared to go oa record as extending the improvements to be completed for 18-months, on the use permit for Latter Day Sainte, Chico-Canyon Road. 75-7~ 6 DISCUSSION: PULGA ROAD ROCK SLIDE Mr. Castleberry explained the Pulga road rock slide problem. Thin is an old one-lane road; it is aligping down the hilt. The P.G.& E. tower is buckling but it is safe at this time. P.G. ~ E, and the Forest Service are watching the site. The County has no problem of access at this site. Aiscussed; no action taken at this time. 75-757 REPORT ON SB 100 (GAS TAX) Mr. Castleberry reported on SH 100, Mills'gas tax bill. He reported that the CSAC staff and League of Cities were negotiating for a better shake for the counties. Gas taxes diaeussed; no action taken. 75-758 AUTHORIZE REFUNA OF_APPLICATION FEE FOR 0. J. REGNART Planning Commission's report of denial without prejudice of rezoning from S-2 to A-R for property located on the west side of E1 Moats Ave., approximately 350 ft. south of east Eighth Street, Chico, requested by 0. J. Regnart, was with the recommendation to refund application fee. Request explained by Jim Lawson, Planning Director. On motion of Supervisor McKillap, seconded by Supervisor Madigan and unanimously carried, refund of application fee to 0. J. Regnart was authorized. 75-759 REPORT: LONNIE R. WILBURN-PLANNING COML~SSION'S REPORT OF DENIAL WITR PREJUDICE Jim Lawson, Planning Director, reported on the Lonnie R. Wilborn-Planning Commission's report of denial without prejudice of rezoning from A-R to AR-1Ci for property located on the earth side of Hilldale Ave., approximately 600 ft. east of Mountain Yiew Dr., Oroville. This was presented for Board information only. 75-760 APPROYE TENTATIVE PARCEL MAPS RECOMMENDED FOR APPROVAL On motion of Supervisor Cameron, seconded by Supervisor MciCillop and unanimously carried, the following tentative parcel maps were approved, subject to the conditions, with the note that negative Environmental Impact Regorts have been filed, and with the finding that they are in conformance with the General Plan: Page 293. April 29, 1975 ~, !'~• s s ^e e r e ~ a: B e s s r ~.xiai 2i~r~'S71s e a s s~ ~ ~~ ra r ~ s e ~ k Zoned A-Z, Danny Letner, AP ~8-Z1-5 R, 2 lots, southwest of Big _G.F. Timber Bind Rd., east of Highway 70, Xankee Hill. Survevvr: att. Terrain John W, Hamby Pursuant to the requirements of Sectinn 20.3 of the Buttes County Code, the tentative parcel map of the abo'vd pranerty has Peen r~- viewed by the Butte County Subdivision Committee and the Planning Commission. The Subdivision Committee and the Planning Commission recommend approval of the tentative mag, subject to th° following conditions: 1, proof of water or put the statement on the man. 2. Indicate a 50 ft. septic tank setback traversing parcel 1 and Z. Parcel 1 must show the area south of the proposed 60 ft. road ?asement in excess of 30~ and is not useful for installation of septic tank systems. 3. Verify legal access. 4. Provide traversable access and a road maintenance agreement. 5: Indicate a 50 ft. building~.setback from the centerline of the °asement. A Negative Declaration Regarding Environmental Impact o•as filed Faith the County Clerk on March 18, 1975. The timber mountain classification is intended for those areas whic2' have value as timber producing areas, watershed areas, sonic areas, recreational areas and areas which by their character anc~ particular topography require special treatment and protection to mitigate no- tentiai damage. Residential development in thes=_ areas should be con- fined to 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 destruction of scenic and historical arras. Density should be considered on the basis of these factors and weighed against alternate use of the areas for timber production, recreation and watershed protection. , Zoned R-3 So. Calif. Financial Corporation. AP 34-01-30, 2 r,.P. S-B du/ac lots, adjacent to Kelly Ridge Estates, Unit No. lA, ,8roville, Engineer: Cook Assoc. 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 map, subject to the following conditions: NONE A Negative Declaration Regarding Environmental Impact was filed with the County Clerk on March 31, 1975.• Notes This property is not part of the original subdivision. r"~ ~^, s r r r+ ~ we : : s a s s ip8i~ i9i ~g~ss o e~ s s s e e a s ~ s s Zoned A-2 Glenn'Fudge, AP 58-36-21, 3 lots, ~ mile east of G.P. Timber Lake Concow, an Ishi Trail. Surveyor: John W. Mt. Terrain Hamby { This property is in the direct water- shed of Lake Wilenor (Concow)) Pursuant to the requirements of Section 2(1.3 of the Sutte County Code, the tentative parcel map of the above property has been re- viewed by the Butte County Subdivision Committee and the Planning Commis"si on . The Subdivision Committee and the Planning Commission recommend approval of the tentative map, subject to the following conditions: 1. Show an the final map 100 ft. septic tank setback line from the stream traversing parcel 3. 2. Proof of water or place the statement on the map as required by the Ordinance. 3. Verify legal access. 4. Provide traversable access, and a road maintenance agreement. S. Indicate a 50 ft. building setback from the centerline of the easements. Note: The road was not traversable on March 19, 1975. Must be graded and graveled with aggregate base to be traversable. A Negative Declaration Regarding Environmental Impact was filed with the County Clerk on rtareh 31, 1975. The timber mountain classification is intended for those 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 allow a minimun amount of damage by way of erosion, siltation, surface and ground water pollution or the destruction of scenic and historical areas. Density should be considered on the basis of these factors and weighed 'against alternate use of the areas for timber production, recreation and watershed protection. Zoned A-2 Garn L. Moody, AP 58-19-85, 4 lots, Yankee Hill, west G.P. Timb. of Hwy, 76, east of Nelson Rd. Surveyor: John W. ~ Mt. Terrain Hamby Omen Grazing 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 map, subject to the following conditions: 1. Proof of water or place the statement on the map as required by the Ordinance. .. _ page 295. .. April 29, 195 r"` !"~ April 29 1975 t .Ai aRl Ac c A Ali AG 4 A !! IL' i!! S i i~ 6 C i i C!!! Y i 6 C! 6 i! 2. Delineate on the final map the grade in excess of 30~ and note that these areas are not useable for septic tank systems. 3. Verify legal access. 4. Provide traversable access and a road maintenance agreement. 5. Non-Exclusive easement statement. 5. Tsidicate a 50 ft. building setbapk from the centerline of the easements. A Negative Declaration Regarding Environmental Impact was filed with the County Clerk on March 31, 1975. The General Plan indicates two cate9'ories of open space in non- urban areas: 1) multiple use o~~en space and 2) permanent oven space. Within the multiple use peen space, land in which the slope is generally less than 25~ but which are not covered with valuable stands of timber, the General Plan states that there is not expected tp b~ any substantial demand for urbanization of this land due to its location. Uses for which it may be suitable include, but are not limited to: watershed Mineral Extraction Erosion control Golf courses Wildlife habitat Pr_i~fatc: rrrtdoor recreation Grazing Ri.c2.tzg stztbtes Tree craps Plant nurseries Field crops Flocc? control Scenic easements Green belts The timber mountain classification is intended for those areas which have value as timber producing areas, watershed areas, scenic areas, recreational areas and areas which by their character and particular topography requirs special treatment and protection to mitigate po- tential damage. Residential development in these areas should be confined to 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 destruction of scenic and historical areas. Density should be considered on the basis of these factors and weighed against alternate use of the areas for timber production, recreation and watershed protection. Zoned R-3 Dorothy L. Henderson, AP 53-07-26, 2 lots, Williams G.P,. 9-12 Dr., south of Central park Dr., Paradise. Surveyor: du/ac Thiel E. Lippincott 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 denial of the tentative map. If approved, the following conditions are recommended: Page 296. ~_ April 29. 1975 r.,, -. ~,.~, ._.. c c c e e c: e e c c e s spsi'i i9d ~97Se s e e s e: e v e s c c c e e 1, Verify Iegal access. 2. No further division of the property until 60 ft. of access has been provided. 3. Reserve an additional 30 ft, non-exclusive easement on the easterly half of Lot 2. 4• That the proposed lot line meet the minimum setback requirements from the structures. A Negative Declaration Regarding Environmental Impact was filed with the County Clerk on March 31, 1975. The Planning Commission zxscomauaads appravai of this tentative parcel map.,- granting an gyCCeAtiOn• to_ lc>~_size on April 17, 1915. _ _ Zoned A-2 Ltd. Lee Petersen i.Ed Parker, AP 55-24-08, a lots, C.P. l-5 ac/du south end of Edgewood Lane, Paraddse. Surveyor: to 1-4 du/ac John W. Hamby Pursuant to the requirements of Section 2q.3 of the Hutte County Code, the tentative parcel map of the above property has bean re- viewed by the Butte County Subdivision Committee and the Planning Commission. Th= Subdivision Committee and the Planning Commission recommend annroval of the tentative map, subject to the following conditions: 1. Verify legal aco~ss. If property does not have 60 ft. of access no further division of the property until 60 ft. of access is vrovided. 2. Provide traversable access and a road maintenance agreement. 3, Indicate a 50 ft. building setback from the centerline of the easement. A Negative Declaration Regarding Environmental Impact was filed with the County Clerk on March 10 , 19 75. The General Plan indicates two categories of open space in nonurban areas: 1) multiple use open space and 2) permanent open space. Within the multiple .use open space, land in which the slope is generally less than 258 but which are not covered with valuable stands of timber, the General Plan states that there is not ex- pected to be any substantial demand for urbanization of this land due to its location. Uses for which it may be suitable include, but are not limited to: Watershed Mineral Extraction Erosion control Golf courses wildlife habitat Private outdoor recreation Grazing Riding stables Tree crops Plant nurseries Field crops Plood control Scenic easements Green belts ••---- •• • - Aprfl 29, 1975 ~ ~, s .o .e .c ~~ r r A r r e r~ ii~ C9i 89is5r r a r r r r r r r a r r e r 75-761 WAIVE FIRST READING OF ORDINANCE AMENDING COUNTY CODE SECTION 14-19 On oration of Supervisor McKillop, seconded by Supervisor Cameron and unanimously carried, the first reading o£ ordinance amending Butte County Code Section 19-I9 which will negate the necessity of a rehearing by the Board for reapplication was waived. 75-762 ADOPT ORDINANCE 1572 AMENDING SECTION 26'b4 OF THE COUNTY CODE Oa motion of Supervisor Cameros, seconded by Supervisor McKillop and unanimously carried, the second reading of ordinance ameadiag Section 26-04 of the County Code regardipg fire zones was waived, Ordinance No. 1572 amending Section 26-04 of the County Code was adopted and the Chairman was authorized to saga. 75-763 MATTERS PRESENTED BY COUNTY COUNSEL The Notice received from Arctic Aire of Chico was reported on by Dan Blackstock, county counsel. Fie state i that this notice of proceedings pertains to school construction; this does not have to have Board action. Mr. Blackstock reported on the case handled last Friday; the mobile home in queattem was to be moved. Matter referred back to County Counsel to have an im*eatigator go out and determine if the mobile home has been moved. Mr. Blsckstock stated that this matter is also subject to a misdeamenor eomplaiat in the justice court, 75-764 PUBLIC FiFARING SET: ACQUISITION OF SITE FOR F. R. 0. C. BUILDING Site for the xeather River Opportunity Center building discussed. It was requested that the Board take action necessary to hold a public hearing to consider acquiring a four-acre site for the F,R.O,C. Building; and, (b) approve proposal attached for minimum design work for letting the construction bid with Dan Caak & Associates based on an hourly rate but not to exceed 1-L/2~ of the construction coat. (proposal attached to Supervisors memo) Mr, Castleberry felt the standard plan far metal buildings is a good way to go. Plea discussed. Access to the property will be from the existing Kusel Road. On motion of Supervisor McY.illop, seconded by Supervisor Cameros and unanimously carried, the public hearing to acquire a four-acre site for the F.R,O.C, building was set far May 20, 1975 at 10:45 e.m. or on May 27, 1975 if County Counsel is unable to have the matter prepared and published in time for the May 20, 1975 meeting. 15-765 DISCUSSION: AB 1414 (JUDICIAI. REORGADIIZATLON AS IT RELATE5 TO CIRCUIT COURT JUDGES) Supervisor Madigan had requested that discussion of AB 1414 (judicial reorganization as it relates to circuit court judges) be placed on the agenda. This was discussed at the last RCRC meeting. Die cussed what this would do to the County costwise. Supervisor McKillop felt it was premature to take a stand at this time. Discussed; no action taken. 75-76b APPROVE APPOINTMENT TO BANGOR CEMETERY DISTRICT On motion of Supervisor McKillop, seconded by Supervisor Madigan and unanimously carried, Mrs. Wayne Clem was appoinCed a member of the Bangor Cemetery District, to fill the vacancy created by Mr, Bruggeman's resignation. Chairman Ladd said that on the same District, the mailing address for Cleo Russell should be changed to La Porte Star Route. Page 298. April 29, 1975 {..~ ,"* _ Agr~].~2~,e1~75 7.5767 MATTERS PRESENTED BY BOARD MEMBERS Chairman Ladd stated he had a complaint that was brought to him concerning the costs for collection of garbage. On one side of the street one person is paying $2.50 and the person nest door 36 being charged $2.00. It was stated that the County residents pay one price and the city residents pay another price. Mr. Castleberry will handle, this complaint. Supervisor Madigan stated that Col. Rockwell responded to the RCRC group's remarks concerning the"Wild River"problem. Oa the completion of the study he explained what would be done. Supervisor Madigan would like to follow thin matter and determine when it goes to San Fr~iicisco. 75-768 APPEAR_ANCE:_ MRy HOWARD JOHNSON. MAGALIA , Mr, Howard Johnson, Magalia, stated he had read an artitle regarding Supervisor' Richtex~s possible resignation. He agrees with Supervisor Richter; this county is no longer a cow county operation. The pay is not good enough for the supervisors. Mr. Johnson explained his thinking regarding this situation. He suggested that something be done along the linen of appointing a Citizens Advisory Committee to study these matters. He felt that if the Board had a few aides that were neutral, they could get in-put from the people and not from the staff. The Committee should look into the matter of Supervisor's salaries and maybe set a public hearing to discuss the matter of salaries. Suggestion discussed; no action taken. 75-769 APPEARANCE: MRS. DONNA SOLDONA,CHICO MOTORCYCLE CLUB Mrs. Donna Soldona appeared as spokesperson for the Chico Motorcycle 0 ~ Club. She said she hoped that the Board would lend its support to the Q O• Thermalito Afterbay site for use by the Club. They are anxious that the area be established as a family recreation area. There is a need for the people to pursue their own recreation. They have the support from the Feather Rivez Recreation District, Assemblyman Gt~appie and Assemblywoman Davis. Letter from the Department of Parks and Recreation to Mr. Ache of the Paradise Recreation District read and discussed. Supervisor Cameron set out another site in Paradise; the old dump site area. There is a road down the canyon at Chis site. Proposed site discussed. He agreed, though, that the Afterbay site was s good one. Mr. Castleberry will give the group a copy of a map setting out the site in Paradise. Mr. Carl Bowman, a member of the Motorcycle Club, spoke concerning the need for a suitable site for the members to use. Sites discussed; no action taken. 75-770 APFEARANCE: PAT PORGANS-SPOKE CONCERNING THE LAND E$CHANGE BY THE S TATE ~ MATTSECiS READY MLR !~ ~•~ 0 Patrick Porgeas, representing Safeguard Environmental Protection Agency, spoke concerning the pending Matthews Ready Mix land exchange with the State. He urged the agencies to move with caution. Hia 8roup, also, endorses the request for a night meeting oa this matter. 75-771 APPEARANCE: BRUCE GRINNELL~_PARADISE ASSESSMENT DISTRICT NO 1 Bruce Grinnell, attorney at law, appeared oa behalf of the contractor that had done the work on the Skyway. A-C Contractors have hired a~ Los Angeles counsel; this attorney has requested that Mr. Grinnell appear in his behalf. Page 299. April 29, 1975 ~'` (`~ a r r r : : ~ ~ ~ ~ s ~ s ~ ~pgi~ Z9,~ ~9~5~ ~ ~ ~ ~ ~ ~ : ^, e s w w~ s ~ The contractor feels they need to get their portion of the case before the Board prior to the May 13, 1975 hearing. They would like time on next weeks agenda to appear sad present their case. The contractors have completed the work as of October, 1974. The contractors 'have suffered out-of-pocket lasses. This ie a problem that should be dealt with at this time. Mr. Grinnell said there was much dissatisfaction over the sewage lateral portion of these assessments. This withholding of payment to the contractor will bankrupt him if something isn~t done soon. ?ir. Grinnell suggested that the County could contribute to the project. Supervisor Cameron stated that there were several instances where it was felt the contractor had not dacefwod work. Mr. Castleberry agreed that there were items that should be handled by the contractor. Mr. Castleberry said he could prepare a list of items under question within two or three days. Chairman Ladd requested that this matter be placed on the agenda for Tuesday, May 6, 1975 at 2:30. 75- Mrs. Donna &oldona, Chico Motorcycle Club, appeared and asked if Che Board would tell what they would do concerning the request of the Club to have the Board endorse their request for use of land at the Thermalito Afterbay. It was stated that if some agency could be responsible to clean up the area, pick up the garbage, clean the public toilets, etc., then the Board might endorse the request. Mr. Mickels~n asked if the Board would consider saying that the Board would support the afterbay site if there was a proper agreement worked up that the area would be taken care of as Co garbage cans, sewage, and subject to proper facilities for•mainteaence and operation of the area. The Board agreed with this statement. 75-773 APPOINTMENTS TO PALERMO COMMUNITY CENTER COMMITTEE Chairman Ladd stated he did not have anp names to submit for appointment to Palermo Community Center Committee; matter to be placed back on the agenda for Tuesday, May 6, 1975. RECESS: 11x30 RECONVENED: 2:00 75-774 PUBLIC HEARING: REZONING-PERMANENT REZONING FOR TiiE NORD-CANA AND MERIDLAN AREAS, CHICO FROM A-2 and A-3 TO A-160. A-40. A-20. A-10, A-3. A-R. R-1 & R-3 The public hearing on the rezoning for the Nord-Cane and Meridian areas, Chico from A-2 and A-3 to A-160, A-40, A-20, A-10, A-3, AR-Mg, A-R, R-1 and R-3 was held as advertised. Jim Lawson, Blanaiag Director, set out the background of this matter. Planning Cosmdssion recommended approval of this rezoning on an g-1 vote. He set out the boundaries of the rezoning. They recommended that the B C rezoning be delved from the Butte County line to 10~' within the County. This is all under water. The Planning Commiesioa recommended that the following areas be deleted from the rezoning: North Valley Ready Mix Intersection of 99 and the Eeplaa,ade Hosier: Trac: area, knows as xhe Vista Del Monte Subdivision, owned by Whipple. ` Vista Del Monte Subdivision, as requested by Whipple The R-C (Resources Conservation) Southwest corner of Anita ~ Hwy. 99, AP 47-26-102, 40 acres Crow property, AP 47-LS-27 Page 300. April 29, 1975 r"'ti _ April 29, 1975 s z r z z ~ s v s r s r r s s a s s a s s s s s ~ z s z z z z c a s Hearing opened to the public. Appearing: 1. Mr. Tom Whipple, Chico, owner of the portion of the property recommended for deletion. He explained what he wanted to do with this property, He plans to present his request to planning Commission for Che permanent rezoaiag of his property. 2. Mr. Dewey Janes, he owns acreage across €rom the Coral Gables. He is in the A-40 rezoning district. He said he would like to be able to divide hie property and sell a portion of it maybe at a later date. 3. Mrs. Altman. She sold her property and at that time it was zoned A-3. She retained the two-acres surrounding her home. Chairman Ladd stated that, based oa her statements, she hsd split of£ a parcel smaller th8a allowed in that zone. Dan Blackatock, County Counsel, stated that the property was divided in violation of the then existing A-3 rasing. The problem now is that they could not declare this as a non-conforming use ga it was not created legally. The only way this could be handled would be to zone the property to two acres. Mrs. Altman wants A-2 zoning. At the present time the property is in an interim A-10 zone. 4. Mrs. Edna Running. She ie across from the Howler Tract. She has children and desires to give some of the property to her children. Her daughter wants to build a house on a portion of the property. They also want to give the son some of the property for his use. Her property is in the A-20 zone. She owns 25 acres. 5. Mrs. Shirley Frost. She 11ves is the Hoe3ex Tract. 5be wants to preserve agricultural land. 6. Mr, Howard Wurlitzer. He is in favor o£ Che rezoning in this area. 7. Mr. Robert Rankin. He has been pleased with the recommendation for the zoning for this property. g, ~, Ls Force „ He owns 6~ acres. He has tried to secure a use permit for a minature golf course. His property cannot be operated as a grew-crop farm; it would not be profitable. The pattern £or non- agricultural use bas been set in this area ea Chere are other commercial enterprises located there. 4. Mr. Joe Sesser. He is a water well drilling contractor. He feels that people should be aliawed to develop their property as the man before him requested to be able to do, He owns 15 acres in this area. 10. Mr. Jim Snowden, Wildlife Biologist. He is assigned to Butte County. He feels that the larger parcels will be more favorable to fish and wildlife. 11. Mr. Bob Brayton, Oak Way, Chico. He owns 46 acres on the west side of R1ver Road. He agrees with the recommendations for this area. 12, Mrs. Jud DeWoody. She is in the A-10 zoned area. She also spoke far Mrs. Lillian DeMeir. Her property is on the river it the washed out area. The State Water Resources Agency desires to buy the property along the river for recreation property. The 100' from the centerline of the river (County boundary) is being deleted from this rezoning, Page 301. April 29, 1975 ~'~' ~"'' .....:...... A~r~l 2~,~1~75 ..... 13. Mrs. Priscilla Crow. She requested that her property be deleted from the A-20 zoning. She owns 5 acres and she wants to allow her children to live on the property. Mr. Lawson stated that there ie an existing home on the property and one mobile home. They plan to place three more mobile homes on the property for her children. Mrs. Crow stated that a group of the people of the Village of Nard has signed a petition to annex her property to the Village of Nord. Her property is the only small acreage that has not been included in the Village. 14. Mr. Ed Running, Hamilton-Nord Cana Road. He would like his property left ae it was zoned, as a A-2 area. Mrs. Running requested that their property be deleted from the A-20 zone. Hearing closed to the public and confined to the Board €or action. f~ g,o 4 Letter £rom A. A. Anderson read. Time spent diacuasiag the area and how the zoning should be handled. Altman property discussed. She has s recorded sale of the property, with the deletion of the two -acres on which her home is built. Mr. Biacketoek explained her property problem. She could apply for a variance but there is ao hardship that exists; she does sot qualify under the variance criteria. A-160 and A-40 zones discussed. Ztsere have been no objections expressed to these zones. Crow property discussed. Nr. Lawson recommended that the Crow property be referred back to the Planning Commiaeioa, to be considered ae an A-H zone. Chairman Ladd commented on the A-160 zoning; he feels that it would be better to have this uader an 80 acre requirement. Mr. Blackstock explained how the Altman property problem could be handled. 75-775 ADOPT ORDINANCES N0. 1573 through 15 79 REZONING PHOPEHTY IN THE NORD CAN4AND MERIDIAN AREAS. CEiICO On motion of Supervisor Richter, seconded by Supervisor Madigan and unanimously carried, the following ordinances were adopted, with the deletions recommended by Planning and with the deletion of the Crow property, which is to be referred back to the Planning Commission for their study of a A-R zoning for the property, with the £indiag that the properties being maned ,will have no adverse affect on the environment, and the Chairman was authorized to sign: Ordinance No. 1573, zoning a portion of the County as an A-160 zone 1574, zoning a portion of the County as an A-40 zone 1575, zoning a portion of the aunty as an A-LO zone 1576, zoning a portion of the County as an A-3 zone 1577, zoning a portioa of the County as an A-H zone 1578, zoning a portion of the County as an A-20 zone 1579, zoning a portion of the County as an R-1 zone 75-776 HEARING ON JENSOI~I_PARCBL MAP: HAP DENIED WITHOUT PREJUDICE The hearing on the Jeasoa parcel mag, which had been continued from April 8, 1975 meeting, was held at this time. Mr. Lawson set out the background of this map. Mr. Blackstock stated he had discussed the map with Darrell Stevens. Mr. Stevens has never called him back regarding this map. Mr. Blackstock stated the Board could deny the map without prejudice at this time. Hearing opened to the public. Appearing: no one. Hearing closed to the public and confined to ~~eeBgJ~d. April 29, 1975 ~ r'~'' ~e a ~ s ~ ~ wo a ~ : we R s a Ap:ii ~29~ 1975q ~ ~ . ~ ~ i. .o •r .c .. w ao a On motion of Supervisor Richter, seconded by 5upervieor Madigan and unanimously carried, the Stephen S. Jenaen land division located at Lake Madrone, identified ea AP 61-12-14 & 45 and Ap 62-14-21 eras denied without prejudice. AA70UitNMENT: There being nothing further before the Board at this time, the meeting was adjourned aC 3:40 p.m. to reconvene on Ttisesday, May 6, 1975 at 9:00 a.m. ATTEST: CLARK A. NELSON, COUNTX CL BY~ airman of the and Board of Su a visors Clerk Page 303. April 29, 1975