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HomeMy WebLinkAboutM050476 r*. r, ~' May 4, 197b 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 Nickelson, Administrative Officer, Dan Blaekstock, County Counsel, and Clark A. Nelson, County Clerk, by Margie Catt, Board of Supervisors Clerk, Pledge of allegiance to the Flag of the Un~ed States of America. 76-675 APPROVAL OF MINUTES 1. ~f i•.~. ., ...t, ,. ..._r At the request of County Counsel, approval of the minutes was deferred at this time. 76-676 COMMUNICATIONS ~ C~ s ~ Inc amation District .777 (Live Oak-Gridley area). District files notice that budget for next year will be $15,000. Referred to Auditor. Paradise Board of Realtors. Fred Meyer, president, commends Board for effectively O halt€ng illegal lot splitting and questions need for District Attorney to f / `~ ~ form a formal investigative unit. Discussed1 place with the CCCJ application . City of Chico. Mayor Ron Stewart confirms City's position in the development ADO. 4~~ of a zoning plan to protect the Ghico Airport clear zone. Supervisor McKillop asked about the status of this matter. Hold until later in the meeting. Clarence Schreur, Paradise. Mr. Schreur offers a parcel of land far a fire house a t7 d p 0 in the Forest Ranch area. Discussed; Bob Paulus to be requested to inspect the site. Letter ro be answered stating site is being inspected. Wallace B. Warner, Chico. Mr. Warmer files claim against County for $291.90 ~ C , LQ~ alleged to have been caused by a road hazard which blew two tires on his truck.. Referred to County Counsel. J. H. McLoughlin, Paradise. Appeals Planning Commission's denial of a use permit '~~.04 for a residential care home. Set For hearing on Moy 25, 1976 at 1;30 p.m. Philip R. LaGrow, Chico. Mr, LaGrow appeals ruling of Planning Commission denying their appeal from the Environmental Review Committee requiring ~ X3.08' an I~IRon property located near Horseman and Lassen Avenues in Chico. Set for hearing of 10:30 a.m. on May 18, 197b. 13odney M. Worthington. Appeals Subdivision Committee's decision to file notice ~ of violation on his property located west of Maxwell Drive and south of i /~•y ~ Greenwood Drive In Paradise. Set far hearing at 2;00 p.m. on May 18, 1976. Linda Hein. Submits her resignation to the Butte County Manpower Planning Council. ~ 0 Mr. Rackerby stated that she was a business representative and that this 03 ' makes two vacancies on the Boord. The EOC representative is vacant. See motion following communications. Floyd Powell. Appeal ruling of Planning Commission regarding Condition No. 2 of his p5.0 Page 294. May 4, 1976 I l3 ______________==~~4t~9~~===____________~~«~ parcel map. Set for May II, 1976 at 10;30 a.m. Mrs. Jean Widner. thanks the Board for the people in the Paradise-Magalia-Sterling p~~ ~ ~ City area for the privilege of attending a free annual flower show unequalled in exquisite beauty and natural setting. She refers to the Dogwood Blossom Show. George Shonnon. Appeals the Planning Commissions denial of application for rezoning ~ ~3,p O from "A-R" to "AR-MH"for property located on the S side of V-6 fad, west of Lower Wyandotte Rd. Set for hearing on May 25, 1976 at 1:30 p.m. Gary T. Lippincott. Appeals denial by Subdivision Committee of the Don W. ~ /3 y5 Montogmery Map• Set over until planning Director is present. Oroville Board of I~altors. Invite the Board to attend a special'Board meeting to hear r Richard Nicholls, Assistant Commissioner, Northern Regulatory Area of the l 0 5 ~ G ~ Department of Real Estate and Deputy Duane Aasland, of the Sacramento R:gional Office to be held friday, May 7, 1976 at 11;30 a.m. at Prospector's Village-0roville . Kimshew Cemetery District. They write that the term of Belle Taylor has expired and request that she be reappointed. See motion following communications. Butte County Bicentennial Committee. They request that they work with the County to produce and install a wooden statue of Ishi and to incorporate around the ~ L 1i p ~ statute, a small central plaza type landscape. This would be built where the most recent demolition has occurred around the County buildings in Central Oroville. Read and discussed. Administrative Officer will work on this and will report back to tha Board. 76-677 DISCUSSION: REQUEST FOR BOARD TO CONSIDER A CHARTER AMENDMENT REGARDING PROPERTY IN ASSESSMENT DISTRICTS perv,sor 'c ter requeste t at f e a set aside a time to consider a charter amendment that ••whenever property is made a part of an assessment district, that property moy not be zoned for 6eneflt. He would like this put on the agenda for discussion. Item placed on the agenda for Tuesday, May 25, 1976. 76-678 EOC DIRECTOR APPOINTED A MEMBER OF THE MANPOWER PLANNING COUNCIL unanimously carried, George Nackos, EOC Director, was apppinted a member of the Manpower planning Council. 76-679 BELLE TAYLOR REAPPOINTED TO KIMSHEWCEMETERY DISTRICT On motion a Supervisor Ki op, sewn e y Supervisor 'chter and unanimously carried, Belle Taylor was reappointed trustee of the Kimshew Cemetery District for another four year term, commencing July I, 1976. 76-680 APPROVE CONFLICT OF INTEREST CODES T e sewn segment of Gonf ict of Interest Codes for certain Butte County Departments have been prepared. On motion of Supervisor McKillop, seconded by Supervisor Ladd and unanimously carried, the following Conflict of Interest Codes were approved, the Chairman authorized to sign and Codes to be filed with County Clerk; f. Public Guardian 2. Probation 3. Personnel and Manpower 4. Library 5. Health Services Page 295. May 4, 1976 ~'-. ~"`, 6. Development Commission 7. Auditor-Controller 8. Assessor 9. Agricultural Commissioner 10. Data Processing II. Juvenile Hall 12. District Attorney 76-681 AWARD OF BIDS GRIDLEY SWIMMING POOL SUN SHADE w i er rs i s Construction Company or , 2. Bids discussed. On motion of Supervisor Ladd, secmded by Supervisor Richter and unanimously carried, bid for the Gridley swimming pool sun shade was awarded to Mills Construction Company in the amount of X7,292. 76-682 AWARD OF BID ANNUAL TIRE AND TUBE REQUIREMENTS On motion of Supervisor Ladcr, sued by Supennsor Richter and unanimously carried, bid for the annual fire and tube requirements was awarded to AI Townsend Tire and Wheel far the Oroville area and to C & L Tire Service for the Chico area. 76-683 APPROVE BUDGET TRANSFERS On motion o Superv sor McKillop, seconded by Supervisor Richter and unanimously carried, the following budget transfers were approved: B-178 Welfare. Decreases salary and wages and increases transportation and travel by X12,000 to cover deficiencies created by increase in mileage rate for in-county travel requirements. B-179 Biggs Justice Court. Transfers X250 from travel to extra help to cover replacement for clerical vacation. 76-684 DISCUSSION FARMERS HOME ADMINISTRATION GRANT AND LOAN Mr. Melton was present to discuss the Farmers Home Administration grant and loan, stating that additional information for Board review has been prepared. Supervisor Ladd stated that there were several things in the grant that would have to be ironed out be Fore he could approve them. Parking facilities should be approved. Parking facilities discussed. Supervisor Ladd could not see spending the amount of money set out in the grant for parking facilities. Remodeling of the present building discussed. It was estimated chat ii would cost about $65 per square foot for the remodeling; the Board felt tha building is not worth spending that amount of money to remodel. Mr. Melton explained the uses the funds would be put to, if the grant is approved. The Board would have the right fo review the final project prior to any work being done. It was asked if there was a possibility of asking for a grant for a planning study. Mr. Melton said this would be impossible. Mr. Melton said he does not have any of the facilities to come back with the type planning the Board wants him to do. Supervisor McKillop felt the Board should give Mr. Melton the expertise to have the Page 296. May 4, 1976 ~ ~ planning done. Mr. Castleberry said his department could look at the facility and will report back. They could give the Board a fair guess on what is needed. Mr. Melton will meet with Mr. Castleberry and they will report back next week. Supervisor Ladd will also meet with Mr. Castleberry and Ak. Melron. 76-685 DISCUSSION: ARCHITECTS PRESENTATION FOR MEW COUNTY BUILDING ene Farren, Arc itect, reports on t pans for t e new county building. Supervisor Richter stated he was willing ro support the recommendation of the architects and the Building Committee. The architects and the building committee recommend a building that is larger than the Board had anticipated. Mr. McFan•en stated that as a result of their study and the many conferences held with the staff, they have prepared schemes for new offices. Proposed plan explained by Mr. McFarren. It was stated that 41,000 square footage is now proposed ro 6e needed. The bui Iding would be too large for one floor two levels will be needed. Supervisor Ladd stated thaF in going through the plans there are some areas that has excess space; some offices are over-sized. Supervisor Riehtor felt that competent people have spent hours preparing the plans; he felt the recommendation for the building should be approved and the architects should be allowed to go ahead and prepare the final pions for the building. Supervisor ;McKillop said he would have ro go along with the recommendation for the building. Architect fees discussed. Dan Blackstock, County Counsel, said the maximum terms of fee has been set up in the controct. The County would not be able to hold the architects to the $I,S00,000 figure set out in the contract For the cost of the new building. They could be held to the cost per footage. The only figure in the contract that would be changed would be the $1,500,000. Contract explained by Mr. Bfackstock. Chairman Cameron said he would like to look at the plans suggested; Supervisor Madi gan would also like to look at the sketches. Board members will meet with the architects and look at the sketches and discuss the plans: Plans for new county building planed on the agenda for Tuesday, May ll, 1976. 76-656 HEARING SET: GEORGE SHANNON, PLANNING COMMISSION DENIAL OF REZONING, SOUTH SIDE OF V-6 ROAD OROVILLE A Pu ie aring was set r May 2 ,, at 1:30 p.m. on the George Shannongoppeal of the Planning Commission denial of rezoning from A-R (agricultural- residential) to "AR-MH" (agricultural-residential mobile home) property located on the south side of V-b Road, approximately 270 ft. west of Lower Wyandotte Road, Oroville. 7b-687 NO ACTION TAKEN: EXTENTION OF INTERIM "A-5"ZONE BOUNDED BY STATE HIWAY Ib2 (ORO DAM BLVD WEST) ETC. im awson, ann,ng ,rector, reported that they are studying the matter of the extention of Interim "A-5" (agricultural) zone bounded by State Highway Ib2 (Oro Dam Blvd West) on the south, I$,th Ay~},e on the east, Grand Avenue on the north, and being the west line of Seddon 15~orr the west, located in Sect~ioy ~4 ~~~5, Page 297. ~. ~ _~____-___~___~~a/~i ~4d~9Z6_~~________________ TI9 N, R3E, MDB&M. Excepting therefrom Blocks 126 & 131 as shown on the certain map entitled, "Map of Thermalito, Butte County, California"which map was filed for record on June 8, 1867, in the office of the Recorder of the County of Butte, State of California. Interim expires June 9, (976, Mr. Lawson said he could not recommend extending this interim. No action taken at this time. 76-688 NO ACTION: EXTENSION OF INTERIM "TM-5" (TIMBER MOUNTAIN) ZONE LOCATED NORTHEAST OF CHICO Mr. Lawson reporte on t e extension of interim "TM-5 " (Timber Mountain) zone located northeast of Chico, E of Bruce Road, SE of Doe Miii Ridge; S of DeSabla; W of Paradise, Magalia, Paradise Pines, Nimshew Ridge, N of Skyway, and N7 Wof the East $utte Creek Canyon Bluff fine. Interim expires June 2, 1976. This zoning has been in a study situation; there has been no progress. Mr. Lawson said he could not recommend the extending of this interim. The staff is not going to present another proposal at this time . No action taken. 76-689 PUBLIC HEARING SET: BUTTE COUNTY PLANNING COMMISSION INITIATED- CODIFICATION OF ALL EXISTING BUTTE COUNTY ZONING ORDINANCES A public hearing was set r June , at ;3 p.m. or t Panning Commission initiated codification of all existing Butte County zoning ordinances inta Chapter 24 of the Butte County Code, with additions and substantive changes. 76-690 APPROVE.TENTATIVE PARCEL MAPS RECOMMENDED FOR APPROVAL On motion of Supervisor McKi op, seconded y Supervisor La d and unanimously carried, the following tentative parcel maps recommended for approve! were approved, subject to the conditions, with the findings that #hey,Qre con " nt with the General'Plan and that r-egative environmentpl Impact reports have keen filed with the CountyClerk: Zoned A-R Paradise Capital Corp., AP 59-22-?'3, 3 lots, north G.P. 5-8 du/ac ~ side of Ps arson rtoad, ~aat of CFierry Lane, Paradise. Surveyor: ~7ohn W. Iiamhy Pursuant to the requirements of 5pction 2Q.3 of the Hut_~ County Cods, the tentative parcel man of the above idAn*{find nronerty has b~~n rp- view~d by the Butte County Subc?iv±sion Cvmmitt~~ and ~~16 Planning Commission. xh~ Subdivisio*: Committ°~ and why ?'lanrjng Comm'_ssio^ r~commsnd aaproval of }ate tentative map, subject to ±'z~ follo~a?na condi_'_aas: 1. 2ndicatp a s~pt? a tank fx°e sn back lirs alone Parson nd. which equals four times the high: of `_h= roar' s'_c'~ cu: .^.r h'1 ft., whfchevar '_s less. 2. Ds1ir.~aL~ or. the final man thass arias in ~re~ss of. 343 grads an c' note that sa.d arbas are unusable f:r the ir_stallation of septic tank systems. 3. Lots to meet tho minimum aria reriuir~man*_s of the nrc3i^_arc~ exclu- siva of setbacks. 4. Provide trav~rsa'~la access to T33 LDIZ star_c?arc'. 5. Obtain eneroachm~nt p=rmit for access access roac'.s. )' 6. Deed right-of-way as r.~•c~ssary to nrovic~a right-of-v~a~r ~..y siowr. on '~ the tentair3ve man . __.___..... __ .. _-.. __ .. -- - -.- ..__._.. .__,.~...._,~.___ Page 298. May 4, 1976 P"~ Q RC C C CiC Cii IC. ~=.-=c c ="=-C ~/C1Q7~C ~'~ C"1 {' Cr ~"..tp ti7 ~.a CC 7. Deed 1 f_. no access s_rjp alang P=arsor. Pd. fron`anm. 8. Indicate a 55 ft. hu;lc^~r_g s~thack from she c~ryprl_^._ of Parson P.oad . 9. Show on the final map all ~as~m~nts cf record. 10. Prov'de a road mair,:~narc° am°~°mant, 11. Access easements to a> r°_serv<d .r. r~a.eds per Ccurty ord'_narc°. 12. Provide 65 ft. of access on Lo~ 3. 13. Construct public roar' approach art' lay s1oP4 back ±o n_rovide sight distance for 35 mph on ~as~~rly s'_8P. A Negative Declarat_'or_ p~crardir_g Erv'-roamental Impact was f=led wi*_h the County Clerk on riarc:h 29 , I~ 7G . Zoned A-5 Gary Ledger. AP 25-1651, 4 lots, Aast sid- of G.P. Orchard & Powerhouse Hill Fd., south of Palermo Rd., south Field Crops of OrovillW. Engineer: Fbbert Brooks Pursuant to the requirements of Section 20'3 of the Butts County Codp, t1~° tentative parcel map of the above identified property has b_en r°- viewed by the Butte County Subdivision Committee and the Planning Commission. The Subdivision Committee and the Planning Commission recommend approval of the tentative map, sub~act to the following conditions: 1. Vefify legal parcel. 2. Provide traversable acc°ss and construct to RSS LDI standard. 3. Deed to the County of Butte 30 ft. right-of-way from the centerline of Power House Hill Rd. 9. Indicate a 50 ft, building setback from the centerline of Power House Hill Road and the access easement. 5. Provide a road maintenance agreement. ' 6. Show all easements of r_cord on the final map. 7. Access easements to be reserved in deeds per County Ordinar_ce. B. Nate on the final map the*_ County is not responsible far structural integrity of the bridge. 9. Extend access easement to the easterly property lip°. Improve ease- ment 25 ft. past the west border of Parcel 4 to RS8 LDI standard. 10. Provide soil tests on Parcel 2 or extend property line last to provide five acres on east side of water way. A Negative Declaration Regarding Environmental Impact was filed with the . County Clerk on March 29, 1976. _ Paee 249. Mny 4, 197b ~~ All reasonable efforts should b4 made to protect Agriculture, not only for its economic advantages to the County, but, as an important and - desirable use of the land which establishes many of the valuers for urban areas. Agricultural land should bs preserved against piecemeal urbanization which would-tend to adversely Affect the economic po*_entials of this important segment of the County's base. In providing for urban growth and expansion, the fertile areas should bs prsserve~i, wherever possible, to encourage prior use of land tha t has less Agricultural potential. Zoned A-2 Lovetta Fain, AP 30-041-01, 4 lots, north side of G.P. 1-4 du/ac Tehama Ave., east of 15th St., Thprmalito. , Engineer: Graves, Geddis & br?scoll Pursuant to the rec{uirements of Section 20.3 of the F3uttp County Cods, the tentative parcel map of the above identified property has been re- viewed by the Butte County Subdivision. Committee and +.,.h~ Plannincr Commission. The Subdivision Committee and tie Plann?nq Commission recommend approval of the tents+~vo man, subject ±.o *_h~ following conditions: 1. All adds±ional development to be connected •to sPw~r. 2. Provid? travexsabl~ access, and construct to RS9 LDII standard. 3. Indicate a 50 ft, bu_ldir_g sey..back from the c~nt~rline of Tshama AvQ. and 14*h St. 4. All easement of racorc~ to be shou*.Z on '•he final man. A Negativs.D~clarat?on Psgard?ng E^.v;rc^rt~r.`_al Impact was filmed w:*_h the County Clerk on March 29, 176. Zoned A-5 Gil Saria.*~a, AP 28-19-97, 4 to .s, ~•,os± of ~~?issian C.P. Orchard Olive Fd., south of~Foothill Blvd., Orov?lle. & Field Craps Enq?n~pr: rclwarc~ IIall & Assoc. Pursuant to the r°qu;r~ments of S~cticr 2~.3 of the Pu}~~ County Code, the tentative parcel map of the abovA identified prop=rty has been r~- viewed by the Bu=t4 County Su:~c?v=sicr. Comm'_=_oo a_^_d tye T'la*:*~ing Commission. The 5ubdiv°_sion Com*~jt.°~ ar:d _h~ Plana;^R Commission recommend approval of the t°r._atRv~ man, subj~cw to the folly:~~_ng ocrditior_s: 1. Indicate a 50 fi . s°.nt'_c tank fr°~ s'tbac : alonn the dra'_nage cony travprs:.ng Parcel 3 & 9. 2. Proof of wa_4r or place t'~A sta`_°r!e_^_t as ~'~e man as r~qu:rid by the Ordina^.c°. 3. Verify legal parc°1. 4 . Verify legal access . _ _ ._ ._ •- - '~- ......-~-- pass 3U0.--~-•• May 4, 1976 i = C C~ S C S C ~ C S C S ~. i C C'L C ~~~C C C C S, i *-'~ s~~- L- i't C G L7 S i' iC 5. Provide trav~rsabla aec~sc, and construct to PSP LnI stanr?arc?. 6 . OePd '.o ~.he County of Bvt*_? 3Q ft . r' ght-of-:,lay from +,~~° cpnte rlin~ Mwssion Olive Foad. 7. Provide a roan maintpnanc~ actr~°m~nt. 8. Indicate a 50 ft. t~uild_ng setback from ~.h~ c~r_t~rl'_.^.° of r•4~.ssion Olive Road. A . 5h ow all pasem°r_ts of r=cord an 1h° f? ral man . ln. Accsss easements to Iia rps6rvocl in dAOcis opr Coun*_y Orr?=aarcp A I3sgative Dsclarat~on r°gard_ng cnv± ranmpntal Imnac: ~•~aG filed wj th the County Clerk on r".arch 39, 1976. . All r°asonable a€forts should !~~ mar?° tc nrotpct Agr'cultur°, net only for its economic advar.~ag°s to the County, by*_, as an '-mncrtant and desirable use of the land which ~s`a!~1'shes many of th= values for urban areas. Agricultural land should b~ »r°s~rvpd agasns~ pipc~m°al urbanize*_;on which would tAnd to ac3vprs~ly °ffpct ~~10 economic not~nt:als of this important s~c?mpnt of the County's base. In providing for urban grew*1z and pxpanr,on, th= fpr'~il~ areas should by pz~°servPd, wnPrnvPr possible, to ~ncovraap »rtar use of lanes +~at has 1~ss Agricultural not°ntial. , Zoned R-1 Harold ~. Wilder, AP 52-031-25, 2 lots. north side of G.P. 5-8 du/ac Valley View Drive, east of Rankin Rd., Paradise. Surveyor: John W. Hamby. Pursuant to the requirements of Section 20.3 of the Butte County Code, the tentative parcel map of the above identified 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. Verify location of septic tank for existing residence and if system crosses any proposed property lines, relocate said system. Verify that lots meet the minimum requirements of the Ordinance by provid- ing necessary soil tests to the Butte Co. Health Dept. 2. Provide traversable access and construct to RS8 LD III standards. 3. Obtain encroachment permit. 4. Indicate a 50 ft. building setback from the centerline of Valley View Drive. 5. Deed to the County of Butte 30 ft. right-of-way from the centerline of Valley View Drive. G. Show all easements of record on the final map. _ -~ - ~ - - ---. -_ --- - -Pa®e~01 ~ -... .. .. May 4, 146 ~"~ ~ SCC ~~~.. ~~~7LCiCL=cC~~~~ 6CCtCC ACS ~CCCCCCT-CS 1 7. Subject to Planning Commission approval of a Variance to Setback to allow the garage to be located 4~ ft. from the proposed east line of Lot 1 or remove the garage prior to the filing of the final map. 8. No further division of parcels until 60 ft. of access has been provided to the publicly maintained road. A Negative Declaration Regarding Environmental Impact was filed with the County Clerk an March 22, 1976. Zoned A-R Gary W. Grosse, AP 52-29-06, 3 lots, northeast corner G.P. 1-4 du/ac of Roe Rd. and Scottwood Rd., Paradise. Surveyor: John W. Hamby. Pursuant to the requirements of Section 20.3 of the Butte County Code, the tentative parcel map of the above identified property has been re- viewed by the Butte County Subdivision Committee and the Planning Commission. The Subdiv-ision Committee and the Planning Commission recommend approval of the tentative map, subject to the following conditions: 1. Provide traversable access. 2. Obtain encroachment permits. 3. Deed to the County of Butte 30 ft. right-of-way from the centerline of Scottwood Rd. and 30 ft. right-of-way from the centerline of Roe Rd. 4. Submit drainage plans to the Dept. of Public Works for approval and install required facilities. 5. Indicate a 50 ft. building setback from the centerline of Scottwood Rd. and from the centerline of Roe Rd. 6. Show all easements of record an the final map. 7. Deed to the County of Butte a 20 ft. radius return at the intersec- tion of Scottwood Rd. and Roe Rd. 8. Indicate a 700 ft. septic tank free setback line from the stream traversing Parcei 2. A Negative Declaration Regarding 5nvironmental Impact was filed with the County Clerk on April 5, 1976. Zoned A-R Jack Edwards, AP 36-54-41, 9 lots, past of r.P. 5-B du/ac Mt. View Drive, sonth of Hilldale Ave „ nroville, Engineer: ,craves, GPddis, & Ari~s co 11 Pursuant to the requirements of Section 20.3 of the Sutte County Code, the tentative parcel map for the above identified property has been re- viewed by the Butte County Subdivision Committee and the Planning Commission. ' Page 302. May 4, 1976 ~.,, ~^+ S L C C IG i ~-= "~. ri IC L C C D T. C i C't'C ~C C C C C C i G~ i i C i. i i i i. i'. C The Subdivision Committee and the Planning Commission recommend approval of the tentative map, subject to the following conditions: 1. Verify legal access. 2. Provide traversable access, and obtain an encroachment permit. 3. Submit drainage plans to the Dept. of Public Works and install required facilities. 4. Indicate a 50 ft. building setback from the centerline of the access easement. 5. Show on the final map all easements of record. 6. Access easements to be reserved in deeds per County ordinance. 7. Provide a road maintenance agreement. 8. Note on the final map those areas n.~ot suitablw for installation of septic tank systems. 9. Provide proof of domestic water ox place the statement on the map as required by the Ordinance. A Negative Declaration Regarding Environmental Impact was filed with the County Clerk on April 5, 1976. Zoned A-2 Ltd. Carl L. Walker, AP 50-34-17, 2 lots, west side G.P. 5-8 du/ac of Mosa Lane, approx. 260 ft. north of Wagstaff Road, Paradise. Surveyor: Lippincott Surveying Pursuant to the requirements of Section 20.3 of the Butte County Code, the tentative map of the above identified property has bden reviewed by the Hutte 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. Verify legal access. 2. Pmvide traversable access. 3. Tindicat~! a 50 ft. building setback from the centerline of Moss 4 an p 4. Show all easements of record on the final map. 5. No further division until fi0 ft. of access has been provided to the publicly maintained road. 6. Verify minimum required lot area by providing necessary soil tests to the Butte County Health Dept. A Negative Declaration Regarding Environmental Impact was filed with the County Clerk on April 5, 1976. ,' Page 303. May 4, 1976 .~`' n sscmmc-c===aczc~c'iii'~~=cscccc= x.~_ccccmccicc Zoned A-R Lloyd G. Tioffmann, AP 55-16-30, 2 lots, east side G.P. 1-4 du/ac of Foster Road, north of Wayland Raad, Paradise. Surveyor: Lippincott Surveying Pursuant to the requirements of Section 20.3 of the Butte County Code, the tentative parcel map of the above identified property has been re- viewed by the Butte~County Subdivision Committee and the Planning Commission. The Subdivision Committee and the Planning Commission recommQnd approval of the tentative map, subject to the following conditions: 1. Verify legal parcel. 2. Provide traversable access. 3. Deed to the Couisty of Butte 30 ft. right-of-way from the centerline of Foster Road. 4. Indicate a 50 ft, building setback from the centerline of Foster Rd .,-and a 20 ft. building setback from the southerly line of the access easement. 5, show all easements of record on the final man. 6. Place statement on final map that there be no further division until 60 ft. of access has been provided tv the publicly main- tained road. . 7. Abandon and fill well on Parcel ~1 to the satisfaction of the Health Dept. A Negative Declaration Regarding Environmental Impact was filed with the County Glerk on April 5, 1976. ..... , ._ _.__...,-- -._.... ---,.. _. _,_ .__ .m...---~.~ Zoned TM-S D. W. Ramme, AP 56-08-3Z, 2 lots, east of Vilas G.P. 1-5 ac/du Road, near Cohasset. Surveyor: Lippincott Surveying Pursuant to the requirements of Section Z0.3 of Butte County Cade, the tentative parcel map of the above identified property has been reviewed by the Sutte 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. Verify legal access. 2. Provide traversable access. 3. Indicate a 54 ft. building setback line from the centerline of the access easement. a. Show all easements of record an the final map. 5. Provide a road maintenance agreement. . 6. Easements to be reserw~d in deeds per County ordinance. .. .-. Rage 304. ~ ^. .._._..___~...... May 4, 1976 r n _ NIoy,4~ 1976====-'=~ncc~mra~~ac 7. Proof of water or place the statement on the map as required by the Ordinance. a. Place statement on final map that those areas over 30$ slope are not suitable for installation of septic tank systems. A Negative Declaration Regarding Environmental Impact was filed with the County Clerk On April 5, 1976. The General Plan indicates two categories of open space in non- urban 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 25$ but which are not covered with valuable stands of timber, the General Plan states that there is not expected to be any substantial demand for urbanization of this land due to its location. Uses for which it may be suit- albe include, but are not limited to: watershed Erosion control Wildlife habitat Crazing Tree crops Field crops Scenic easements Mineral Extraction Golf courses Private outdoor recreation Riding s*_ables Plant nurspsfes Flood control Green belts 7b-691 HEARING SET: DON MONTGOMERY TENTATIVE PARCEL MAP A Baring was sat for May , 976 at ;00 a.m. on t e Don W. Montgomery Parcel map, 3 lots, south of Roe Road, east side of Foster Road, Paradise. 76-692 APPROVE TENTATIVE PARCEL MAP: A. J. DUNSTAN n motion o pervisor cKi op, secon e y Supervisor Ladd and carried, the following tentative parcel map was approved, subject to the conditions, with the finding that it is cansisfent with the general plan and flwt a negative declaration regarding environmental Impact was filed with the County Clerk: Zoned A-2 A. J. Dunstan. AP 72-46-23, 2 lots, north side G.P. 1-4 du/ac of Old Olive Hwy., east of Mt. Ida Road, Oroville. Engineer: Graves, 9eddis & Ariscoll Pursuant to the r~quir~ments of Section 20.3 of the Butte County Code, the tentative parcel map of the above identified proaerty has been re- viewed by the Butte County Subdivision Committee and tha Planning Commission . The Subdivision Committee recommends denial of the tentative map, inasmuch as the proposal does not meet the minimum design criteria of the >3utte County Health Department. No Action was taken by the Planning Commission. If approved the following conditions are recommended: 1. Provide traversable access. 2. Indicate a 50 ft. building setback from the centerline of Olive Highway. 3. Submit drainage plans to the Dept. of Public Works for approval and install required facilities. -w.- - i4. Show all easements of record an the final map. A Negative Declaration Regarding Environmental Impact was filed with the County Clark on April 5, 1976. ... ._..., . Page 305. --- ~-- May 4, t976 ~~ VOTE AYES: Supervisors Ladd, Madigan, McKillop and Chairman Cameron NOES: Supervisor Richter 76-693 RESCIND ACTION ON RAMME PARCEL MAP . D. mme appears at t is time to discuss Conditions of his parcel map. He set out the background of the property and the purpose of his objections. This property was taken by him through a Dead of Trust. He has received a road maintenance agreement for the road that is used to get to the property. The road is two or three miles long; he does not believe he should sign the agreement for the maintenance of this road as he only has a 20-acre parcel of land along this road. It is his feeling that the road should be maintained by all the people owning property along the road. This is anon-public road. Mr. Castleberry stated that in the past the Board has required access to a public maintained road. He felt that all the owners should sign a maintenance agreement to share in the maintenance vests. Maintenance of the road discussed. It was stated that the Board members should look at the conditions of all the parts! maps because most of them contain the condition that the roads must be mointained and access must be provided. It was felt the Board should adopt a policy concerning these access roads and maintenance of the roads. Everyone using the road should participate in the maintenance of the road. On motion of Supervisor McKillop, seconded by Supervisor Madigan and unanimously carried, the Board requested that Planning Director and County Counsel meet and bring back a reeommendatlon aonoeming the access road standards and agreements for the maintenance of the access roads. It was suggested that the Ramme parcel map be put over and have County Counsel reword the agreement. Mr. Ramme could sign a waiver. Mr. Ramme agreed to sign a waiver and the map was put over to next week. On motion of Supervisor McKillop, seconded by Supervisor Madigan and carried, the action taken in Minute Order No. 76-690 approving the tentative parcel map of D. W. Ramme was rescinded and the action on the map was put over to May II, 1976 Board meeting. 76-694 CONTINUED HEARING: PROPOSED ORDINANCE MAKING IT UNLAWFUL FOR ANY PERSON TO DISCHARGE ANY GUN BY MEANS OP WHICH ANY MISSILE IS PROJECTED BY A SPRING, BOW, ETC. T continued Baring on t e proposed ordinance making it unlawful far any person to discharge any gun by means of which any missile is projected by a spring, bow, or compressed air, or use of any implement whereby stones, beans, pebbles or other substances are projected was held at this time. Chairman Cameron stated that it had been put in the paper that the hearing would be held at 1:30 p.m. so he will open this hearing at this time, hear the people present and will then wntinue the hearing to 1:30 p.m. to hear all those people that believed the hearing would be held at That time. Dan BEackstock, County Counsel read the proposed ordinance. Page ~Ab. May 4, 1976 ~ ~ _______________ Maay_41 f976 _ _ ____________ . . . . . S L- C C C 3 C . C . G . . .-~ ~ ~ ~ ~ ~ ~ ~ ~ Hearing opened to the public: Appearing: I. Sgt. Rnbert Hopkins, Sheriff's pepartment, stated they had withdrawn the original proposal due to criticism. This new ordinance has been prepared by using ordinances that other cities and counties now have on their books. He felt that this was agood-workable ordinance. Problem that exists with people using sling shots or BB guns set out. 2. James Hansen, Oroville, spoke in relation to the proposed ordinance. He suggested that this ordinance be placed an the ballot to give the people the right to say whether it should be adopted or nat. 3. AI Appleman, Oroville. fie agreed with Mr. Hansen and also Feft this should go to the people on the ballot to get their thoughts on the matter. 4. Mrs. Bertha Smith, Paradise. She felt this proposed ordinance should be adapted now so that the Sheriff could control the situation. Instances that occurred in her neighborhood by young men set out. 5. Dorothy Paradise, Zephyr Way, Oroville. She favored the ordinance but felt the people should pass upon it. 6. AMrjorie Cox, Paradise. It was her thought that maybe this ordinance did not need to be adopted; there are many laws that are not being enforced. 7. Gary Anderson, U.S. Taxpayers Union. lie thanked the Sheriff's Department for the changing of the warding of the ordinance. He approved passage of the ordinance. Mr. Hopkins spoke in response to the issues that were raised by the public. He had no comment to make on the placing of this ordinance on the ballot. The proposed ordinance would give the law enforcement officer the right to request the young person to leave the scene and take the loaded gun off the street. The ordinance would also involve the parents. Civi! action recourse explained. A question and answer period fiollowed with questions being answered by Sgt. Hopkins. Supervisor Richter said his point is that anything that interferes with the right to bear arms is opposed by the people. He felt that it would be highly appropriate to place this on the ballot. Hearing continued to [:30 p.m. 76-695 APPEARANCE: JAMES W. HANSON, OROVILLE ames anson, rovi e, say e e t t e ordinance adopting the uniform Housing Code, that is Item 29 on this agenda, is o dangerous ordinance. It will , limit many people's freedoms. The people should have the right to speak on this ~ ordinance. Chairman Cameron said the people would have a chance to speak when ' this item is brought up later in the meeting. , Page 307. May 4, 1976 , ~, ~~ 76-696 APPEARANCE: DOROTHY PARADIS OROVILLE Dorot y Paradis, Orovi e, stated t at s has been told that when people call the Welfare Department they are denied the right to know who they are speaking to. The information that these people are giving to the Welfare Department is private information and the caller should be allowed to know who they are presenting the information to. Ms. Paradiy~ spoke on another item. Last week two public hearings were scheduled for 1:30. It seems ro her that it is illogical to schedule two hearings for the same time. Objection expressed by Ms. Paradis to people having to wait so long for an item that had been scheduled for a certain hour. Ms. Paradis said she went to County Counsel's office yesterday and asked to see the Conflict of Interest Codes filed by the School Districts. She was told that they had been sent to the Board members. It was her feeling that the public should have a place to ga to see these Codes. Supervisor Richter said ha hoped that the Board would direct the County Administrative Office to instruct the Welfare Director to have his Clerks give their name when answering the telephone. Chairman Cameron said he would like to check with the Welfare Department to determine their reasoning in not relating their names to the public. 76-697 APPEARANCE: MR. CLAUDE EDWARDS PALERMO Mr. C nude Edwards, Pa ermo, said a was setting up his mobile home on his property. He has tried to determine how many blocks he has to set under the mobile home. Mr. Castleberry said if he would meet him at his office at I:OQ this afternoon he would have the information he needs. 76-698 APPEARANCE: MR. RICK SHAW Mr. Rick Shaw questioned the Board about the proposed subdivision ordinance. Proposed ordinance explained and diswssed. Mr. Shaw-explained his problem of percable soil; he has a land development up on Williams Woad. Chairman Cameron felt this man should meet with Mr. Toussaint and discuss this matter. Mr. Castleberry told him to meet him at his office at 1:30 and he will have a sanitation man there to discuss the matter with him. 76-694 APPEARANCE: MARJORIE COX, PARADISE Marjorie Cox, Para ise, a a copy of the Monterey Foundation comments in the Journal dated March 1976. Portions of the article read. The Board told Mrs. Car that they had received copies of this article from Mr. Hanson. RECESS: 12:00 RECONVENED: 1:30p.m. All Board members present. 76-700 CONTINUATION OF HEARING: PROPOSED GUN CONTROL ORDINANCE TO BE PLACED ON THE NOVEMBER GENERAL ELECTION BALLOT Pu Ic Baring re-opened y C airman Comeron. Appearing: No one. Hearing closed to the public and confined to the Board. Page 308. May 4, 1976 ~~r ~ _ Mod 4 197b ^c.o=~ ~=-oma~maa= c~caicccaxomcc__me=aamm~m Supervisor Richter stated that the ordinance should go on the November ballot. 5upervieor McRillop agreed, caging that it should be along the same Imes as the ordinance"now reads. Supervisor McKillop added that it would be easy for this Board to create an ordinance, but if the people ordain it,it will be better. Sgt. Hopkins, fxom the Butte County Sheriffs Department, stated that the punishment for this is not defined. Supervisor Ladd suggested that the fine not exceed $100.00. 5upervieor Madigan agreed and added that the extent of the fine could depend on the offence. Supervisor Madigan stated that the Countg_Sheriff has asked for the Boards help and the ordinance should be passed. On motion of 5upervieor Richter, seconded by Supervisor McRillop and carried, the Board voted for the proposed gun control ordinance to be placed on the November general election ballot. Supervisor Madigan voted ao. Oa motion of Supervisor Madigan, seconded by Supervisor Ladd and carried, the Board voted that the fine nok exceed $100.00. Supervisor Richter voted no. 76-701 PUBLIC HEARING - THOMAS M. DAUTERMAN - APPEAL PLANNING COMhffSSION'B DECISION ON REQUEST FOR VARIANCE ON PARCEL ~ AP 42-14-93, LOCATED OtI NORTH SIDE OF WEST 8TH A~NOE EAST OF_ STATE HIGHWAY 32 (NORD} . The public heating for Thgimas M. Dauterman, appeal of planning Commission's decisiaa on request for variance on parcel ~ AP 42-14-93, was held as advertised. Jim Lawson, planning director, net down the details of this hearing, and provided background. Mr. Lawson made the statement that the ggpeal had been dismissed. Hearing opened to the public. Appearing; no one. Hearing closed to the public and confined to the Board. Daniel Blackstack, county counsel, stated that the zoning had been changed and therefore the appeal was invalid and the hearing dismissed an .those grounds. The zoning was changed to "R-4". 76 -702 MINUTES OF APRIL 27, 1976 CORRECTED TO REFLECT THAT AP 44-03-140 BE DELETED FROM THE "R-4" ZONING ADOPT DRDINANCE 1715 CORRECTING ORDINANCE 1 I2, On matioa of Supervisor Richter, aecoa e y uperv sor llop and unan~lpo+aely~ esrried.the:Bd~td€ corrected the minutes of April 27, 1976 to reflect that AP 44-03--• 140 be deleted from the "R-4" zoningfand adopt ordinance 1715 correcting ordinance 1712 and authorize the Chairman to sign. 76-703 ADOPT RESOLUTION 76-85 DECLARING THROUGH HIGHWAY - 7TH STREET, GRAND AVENUE TO SOUTH 6N[l On.:motl.ba of Supervisor Ladd, seconded by Supervisor Richter and unanimously carried, Seventh~Street from Grand Avenue to south end was declared a through Highway, Resolution 76-85 was adopted and the Chairman authorized to sign. 76-704 APPROVE RIGHT OF WAY AOUISITION (AGREEMENT FOR SA~.E CLARK ROAD PROJECT) Oa motion of Supervisor Ladd, seconded by Supervisor Richter sad unanimously carried, the Board approved the agreements for sale, authorized Chairman to sign and authorized Auditor to issue warrant upon demand of County's escrow agent on the following; Clark Road G. Glover 0.033 Ac $9i7 No Impr. $917 57452-74-1 Table Mountain Masonic Lodge $828 Impr. $772 Total $1,600 „ ~-. . May 4, 1476 Akry ~4, 1976 76_705 APP80VE RE-APPOINTMEI~T' OF MR. LECODT6IlR TO AREA 2 DEVELOPlIENTAL pISABILITIES PLANNING BOARD .__~.-~-----___ On motion of Supervisor Ladd, seconded by Supervisor Richter and unanimously carried, the Board voted to re-appoint Mr. LeCouteur to the area 2 Developmental Disa- bilities Planning Board. ' On motion of Supervisor Richter, seconded by Supervisor Madigan and unanir mously carried, Jim Rowe was appointed to the Aouaing Authority Hoard. It was stated that the Pereonael Director, Jim Rackerby, had approved the new ,Salary range ($8,707 to $10,534). Supervisor Richter asked if it would be possible to provide the resources for this program with earthquake repair funds. Administrative Officer, Clif Nickelson responded that it would not. Supervisor Richter stated that the job requires a competent person and that the salary is reasonable, Clif Micke•lson to provide Hoard members with job flyer. On motion of Supervisor Richter, seconded by Supervisor Ladd and unanimously carried,•;the Hoard authorized the recruitment for the housing coordinator position at the new salary range ($8,707 to $10,534) 76-7x8 PiJHLIC HEARYNG - RAROLY RAS2A - APPEAL QF PLANNING CO~]ISSTONS CONDITIONS FOR MODNTATN PARR SOHDIVISION The public hearing of ICaroly Rasza appeal o£ coadition'a for the Mountain Park Subdivision was held as advertised. Jim Lawson, planning director put out back- ground of this matter. Chairman Cameron stated that he had met with Mr. Rasza and he would submit a map o€ the conditions as they exist today. Chairman Cameros concurs with the road conditions. Discussion of conditions. It was determined that the resi- dents of the area wanted a road out in case of fire. Mr. Lippencott, the surveyoz, showed maps and explained the proposed changes. He stated that he had redesigned the maps. Chairman Cameron said thaC Mr. Kasza had agreed to deed the right-vf-way to the county. Discussion of lot sizes ensued. Supervisor McKillop stated that the lot rises pretty near~.y conforms to the ordinance, also stated that in order to completely con- f orv- to the ordinance he would have to eliminate three lots and that he is only pre- pared to eliminate two. Mr. Lippencott presented hie objections to the conditions. He objected to • , condition number one, eliminating flag lots. Condition number two, reconstructing an intersection at Stearns Roadyand Country Club Drive. Condition number five and six, requiring en all weather traversable access to be maintained by the Home Owners Asso- ciation. Condition number three, dealing with lot sizes. Condition number 1,$:•_Condition number sine, gad condition number 14. Discussion of conditions ensued. All conditions• covered, Hearing opened to the public. Appearilq~;yi:' 1. Howard Walzer,.lives nn Country Club Drive. He states that it would ba a shame if it was done wrong. It should ';be done properly. 2. H.E,Matchette.stated that he was sot against the development, just wants it to be a good development. 3. L,R.Langworthy stated that he••wae is accordance with the Board. die expressed surprise at there being no EIR•oa the projecq• Would Like to avoid "lSickey Mouse operations'. _~____•'~„______,-_.-- Page 3f0. May 4, 1976 f'1 caex: e=e=e~=~c¢csax~~Fl~L~oaz=ooe=====oo~araa 4,~ Catherine Huttns lives on Country Ciub Drive and she ie concerned about the narrow lots, and~~the number of people, Also stated that the water pressure ie not going to be good. 5. Mary Winneratrom lives on Country Club Dt+ive and is concerned about the IoC sizes. Hearing closed to the public and confined to the Board. On motion of Supervisor Richter, seconded by Supervisor McKiliop and unanimously carried, the Board upheld the planning commissions condition number one, eliminating flag lots. On motion of Supervisor Richter, seconded bq•3upervisor Madigan and unaimously carried, the Board voted to uphold condition number three, alI lots must meet minimum requirements of 100 ft. width. • On motion of Supervisor Richter, seconded by Supervisor Madigan and carried, the Board voted to uphold condition number two and concur with public works that it stand as it is. Chairman Cameron votedi~po. On motion o£ Supervisor Richter, seconded by Supervisor McKillop and carried, the Board voted to uphold condition number five and edd to it a fully improved road to be maintained by the county. To the mountain standard"RS-1"•local access, The county to take ectioa to get additional ioota.$e. ~rman Cari~reroh and Supervisor Ladd voted "No °, .r.-__~._ _ -,_,f: ' On motion of Supervisor 'Richter, seconded by Supervisor MctZillop and unanimously carried, the Board amended condition number six to construct ~ street section to R53 local access standard. This condition to apply to a portion of Stearn Road and Country Club Drive. On motion of Supervisor~:Richter, seconded by Supervisor Madigan and unani- mously carried the Board voted to delete condition 13. On motion of Supervisor Richter, seconded by Supervisor Madigan sad unani- mously carried the Board voted to have all the other conditions required stand as stated. dQ motion of Supervisor McKillop, seconded by Supervisor Richter and unanimously carried, the following tentative subdivision map was approved subject to the conditions, with the findings that they are consistent with the Butte County General Plan and that negative declarations have been filed with the County Clerk: 76 -yam PUBLIC HEARING - VALENE GOLAY & KENNETEF ANDERSON - REZONE FROM "A-2" TO "R-3" FOR PROPERTY LOCATED ON THE NORTREAST CORNER OF LASSEN AVENDE AND MORSEMAN AVENUE The public hearing of Valens Golay & Kenneth Anderson - rezone from "A-2" to "R-3" for property located on~the northeast corner of Lassen Avenue and Moraemaa Avenue was held ae advertised. Jim Lawson, planning director gave background infor- matioa on this hearing. Chairman Cameron opened the hearing to the public,. Appearing: 1. Fred Hignell III 1507 Manzanita. Mr. Hignell showed a map and explained the development. s i.-c C- f ••- =-F- t;_^ re~~~,3i.z:~;. Hearing closed to the public end confined to the Board: ~~ ~^__ . - ._...__ -° "- Page 3E1: Moy 4, 1975 ice. !~"~ i'r L'CCCCG. ~.:C rt. CiC F-i/G~~~ 6i'FC6 ~~.. CC C~ CD G=C C C C Oa motion of Supervisor Richter seconded by Supervisor McRillop and unanimously carried, the Board approved the rezone from "A-2" to 1°R-9" with the findings that they are consistent with the general plan and a negative declaration• hoe been filed with the County C~erk. Adopt ordinance No. 1715 7G -7'10 PUBLIC TiEAItING - FIREMANN LAND & TTMBER CO. - AFPEAL DENIAL OF REZONING FROM "A-2" LTD. & "R_1" TO "C-2" FOR PROPERTY LOCATED ON THE NORTH SIDE OF SKYWAY, APPROX- IMATELX 112 FT. WEST OF SCHMALE LANE, IDENTIFIED AS AP 5Z-22314, 15 AND A PORTION OF~ AP 51-22-76. PARADISE. The public hearing of Fireman Land & Timber Co., aPPeal of denial of re- zoning from "A-2" Ltd. and R-1 to "C-2" for the above identified property was held ae advertised. Jim Lawson, planning director gave the background of this hearing, said the planning commission vote was 6-2 with 1 abstaiaing,against this rezoning as it ie proposed. Chairman Cameron opened the fearing bb the public. Appearing: John Luvasa,.attorney representing Micheal Mann, regv~ested it go back to planning for further study. Is in favor of the "CC" or "PAC" zoning. Mr. Luvass stated that Mr. Maas wanted to put in some large scores and has bean talking to some na3or department stores about development is the area. Suggested it go back to the Planning Commie Sion: _....._ ._~.-•---- --- - -- ---- .. _._ . _ . ... .... ~r.---- Mr. Shesman.i"s~fioacerned about what is going to be out: on that property. tie is opposed to a "C-2" zoning. Unidentified woman. .She_spoke_in~'avar. of.progress in~this area~but-with 4arefyl.planning~_.--...- ---- On motion of Supervisor McKiiElop, seconded by Supervisor Richter and unanimously carried the Board voted to send it back to the Planning-Commieaion for further study and condideretion of a rasidentiel or planned area cluster or a combination. SiFPERVISOR MADIGAN ASKED TO BE E7CCUSED @ 4100 76 -71I LASSEN AVNNUE ASSESSMENT DISTRICT - CONTINUATION OF IiE.9RING_FROM APRIL 20. 1976 Report from McCain Associates, summary and analysis of protest. Dan BIa ckstock stated that the peariag had been closed to protest. Joe Hadkel appeared and spoke for Mr. McCain. He recommended that the Board approve the new assessment amounts. Also ask that that the street improvements be deleted on assessment No. 101 and hie assessment appropriately changed. Hearimg opened to the public. Appearing: .$°~Evads~~~Rebuttal: Mr. Evans protest the method of assessment that Mr; McCain employs; presented formal protest to the Board. Ne~;insis~s'ttYaftfihe~re one. ineq~i- tiea is the assessments, end in the cost of incidentals. Presented facts and figures. Spencer Clark stated that he was not is protest of the drainage district, just khe method of assessment used by Mr. McCain. Asked for the Boards help in having them (McCain Assoc.) hack up and do it right. Mr. Beehd•d ask £or clar.ificatfon of the method of assessment and ask how he could be in two drainage districts at one time. R'"i~ape~2. May 4, 1976 ~I C L-CG== C...=6 CC 6aC~L'S ~C ~i'"GS Clr G..... 3L'. L"G C C CC Cail Peck, attorneq far the Lassen Avenue Assessment District read the proposed resolution for the Lessen Avenue Assessment District. Itegvested $oard to adopt resolution's' 76-86, 76-87 s$d 7fi-88. Oa motion of Supervisor Richter, seconded by Supervisor Ladd and carried, resolution 7fi-Sfi , public necessity and convenf~mce~~ba served, was adopted and the Chairman authorized to sign. On motion of Supervisor Richter, seconded by Supervisor McKillop and carried the Bosrd moved to delete Line north o£ and west portion of property and the impgovements and his essessment appropriately changed~on assessment no. 101. On motion of Supervisor Richter, seconded by Supervisor Ladd and carried, the Board vnted to approve the resolution aub~ect to the deletions set down. Adopted resolution 76-87 and authorize the Chairman to sign. On motion of Supervisor Richter, seconded by Supervisor Ladd sad carried:.::,: the Board voted to sell the Bonds to N.K. DScPhail. Adopt resolution 76-88 and authorized the Chairmen to sign. •. 76 -712 DISCUSSION OF UNIFORM HOUSING CODE Brief discussion of this atatter. •Put over two weeks, to stay 18 @ 2:00 P.M. Appearance. James HaASOn opposed to the^ordinance. suggested that it be put is the trash barrel. •----_ 76-713 DISCUSSION OF SECURITY SHRVICES FOR SILVER DOLLAR FAIR Sheriff Gillick appeared and addressed the Board on the matter of the security services for the two fairs scheduled in Butte Caunty in May and August. Sheriff Gillick stated thaC he was having trouble getting security for the hourly rate approved by the Board. Discussion of rate of pay and guality of aexvice by the Board and Sheriff Giliick. Sheriff Gillick explained that there would be large crowds at both fairs sad they would need extra protection, but that no one wants to work for the prescribed $3.50 per hour. On motion of Supervisor Richter, aecor_ided by Supervisor McRillop and carried the Board voted to recognize its policeareaponsibility to the citizens and approve the $4.50 pay rate requested.~__The_cost to_be_part of the_.Fair Budget .•_ .Z6 -714_ AUTHORIZE THERMALITO_IRRIGATION DISTRICT TO BH RESPONSIBLE AGENCY On motion of Supervisor Ladd, seconded by Supervisor Richter aaa carried, the Boaxd authorized the Thermalito Irrigation District to be responsible agency to conduct sewer construction inapecfion within the CSA ~ 2fi bound=ies:'and relinquish county permit requirements. 76-715 DISCUSSION OF CHICO CLIPPER OPERATION Board discussion. The Board ask thaC the 507. patron charge be put back on the ~ agenda for discussion. Some members felt that the share paid by the patron for each ,`b .0 ride should be 50% of the ride cost. ; On motion of Supervisor Richter, seconded by Supervisor Ladd and carried, the Board made intent to have a contsact with the Chico Ambulance Service and authorized Clay Castleberry to proceed with negotiations for low cost taxi service. Page 313. May 4, 1976 r ~'~~ Oa motion o£ Supervisor Richter, seconded by Supervisor ?k,Killop sad carried,'the Board directed a letter be written to the project respond people commending them for their efforts in providing transportation services to the elderly •and handicapped citizens. 76°7l6 REPORT TO BOARD ON 87;D OPENING ORD FERRH ROAD BRIDGES On motion of Supervis ar Ladd, seconded by Supervisor Richter and carried, the report on bid openings for Ord Ferry Bridges was acknowledged. L7_ APPROVE PLANS AND SPECIFICATIONS,EVANS - RE~II+ffii ROAD PROJECT On motion of Supervisor Ladd, seconded by Supervisor Richter and carried, the Board approved the plans and specifications for the Evans-Reimer Road project and authorized the Chairman and Director of Public Works to sign pleas ; adopt wage scales sad set bid openings at 11:00 a.m. May 27, 1976 in the Public Works Office. 76-7i6 DISCUSSION OF ERROR IN LASSEN AVENAE _BID BY Daniel Blackstock, county cquneel, advised the Board that Mr. McAmis had made an error on his bid. He forgot to include the fine grading which would mesa a big difference in the coat. Mr. Blackstock said the question is~ does the county want to agcept this or go to the next lowest bidder. If this course is taken the Board would then have to file slit against Mr. McAmis end his bonding company. Mr. Blackstock stated that this was a judgement error sad not a clerical: error. Supervisor McKillop said it was his impression that we were still t¢eKOtiating a bid. M•r. Blackstock stated that ff 'Cheacouaty does not agree to this addendum Fhey will send the contract back unsigned and the county then would be in kitigatian. On motion of Supervisor Ladd, seconded by CbAii7msa?fraaieron and carried, the Board authorized the Chairman to sign the contract with J.E.McAmis General Eagineer- #a$ sad ~ontracking'~~cr~t~e construction project, with the addendum; subjecrro bpproval df county counsel; _-- --__._..._.._~..._... - ....___.'' ...~ . __-__-_ _r..._ ._. ~ , . I5 "7iq Y.ITTER OF TAANKS_TO__GO TO THE AMERp?,CAN ASSOCIATION t1Fit~TIVERSITY WOMEN On motion oP Supervisor McKillop, seconded by Super~risor Ladd sad carried, the Board directed a letter of thanks to be written to the American Association of University ifomen for Chair gift~:~ to the Butte County Library. . ADJOURN6A:NT 6.55 P.M. There being nothing further before the Board at this time, the meeting was adjourned at 6:55 p.m. to reconvene on Tuesday May 11, 1976 at 9:00 a.m. ATTEST: CLARK A, NELSON, COUNTY CLERK BYs Chairman of the Board BOARD OF ~RVISORS CL RK Page 314, May 4, 1976 ~` ~ - Mountain Par& Subdivision Tentative Subdivision Map 29 lots, west side of Country Club Dr., south aide of Stearns Road, Paradise ZONING:: R-L-. "' General Plan: 1-5 du/ac to 5-8 dulac Owner: ICaroly Kasza Surveyor: l;ippincott Surveying Puravaat to the requirements of Section 20.3 of the Butte County Code, the tentative subdiv~.aion map has been reviewed by the Butte County Subdivision Committee and the Plannign Commission. The Subdivision Committee and the Planning Commission recommend agproval of the tenta- tive map, subject to ;the following conditions: 1. No specific unusual circumstances have been predented tie warrant flag lots. Therefore, redesign by developer elimi sting flag lots to the satesfaction of the Department of Public Works end planning. 2. Provide additional soil testa as required by the Butte County FFealth Department. 3. A11 lots meet the minimum requirdmeata of the Ordinance. 4. Reconstruct intersection of Stearns Road, Drendel Circle and Country Club Drive to provide for continuity of traffic flow. Design to 6e in accord with the~requirementa of the Department of Public Works. The Developer sad Department o€ Public Works to concurr as to appropriate design. 5.. Provide for circulation to Hi~lpark Lane and construct to RS-1 local access standard to be maintained by the County of Butte. 6. Construct '~ street section to RS-3 local access standard. (This condition to apply to Stearns Road and Country Club Drive). 7, Structural section to consist of 2" AC and 6" AB with Fog 5ea1 or pro- vide "R" values sad other data to support structural section design. 8. Deed 30 ft. fee simple to County of Butte far 30 ft, right-of-way from the centerline of Stearns Road and Country Club Drive. 9. Submit road and drainage plane to the Degartment of Public Works fox approval and install required facilities. 10. Indicate a 50 ft. building setvack from the centerline•of all roads. 11. Provide monumentation as requiredt•by the Degartment of Public Works in accordance with accepted standards. 12. Meet requirements of tha Butte County Fire Department. 13. Deleted 14. Two areas shown as•not a part, must be included as part of the subdivision. `I ~r _ TRANSCRIPT OF DANIfEb-B'lACRSTOCKS COMML~NTS REGARDING 1~ BARTRAM REZONING Yonr sosrd has of course reviewed in tetail the entire EIR, environmental report, the comments that were made and the comments that were made to it by various agencies and individuele as well ea your Planning Director. Discussion of those comments at the end with regafda to some specific ellogations of the EIR that means by this Board. The first is found on page 5 under no. 15143, the• EI& , the first finding would he that you find the following statement is not true; and of course you could find nothing else for the dimples reason we are talking shout zoning from "A-2", which is our unlimited-unrestricted zoning to various zoning that ie restricted and as it is phrased it would not be correct. The major environmental impact would be the opening up of this land to potential development. The consequences of any development on this property could be... You would find that that comment is not true, that in fact the yupe of zoning that you are going to would be number one, consisitant with the general plan and would not bring about the adverse effects alluded to in the report and that would comer the comments found in number 1 thru 5. Now going on to 15143 B, your comments here wcuid be to the effect that the project, although expanding the urban area of Chico, would be consistent with the prior plan for this area and once again is of itself a more restricted zoning and more conaisitent with the , general plan then what the property ie presently zoned. Thera weze two comments f made at this hearing today relative to the general plan, both referring to alter- natives. It is found on page 7 of the EIR.• one comment 3a to the effect that the elterantives do not seem, that there was no alternatives, that obviously ie incorrect, by virtue of what ie found on page 7 of the EIR. Another comment was made however, relative to the water system, with specific reference to a letter by ;Thomas E. Bally, it will be the finding of your Board that in fact there is e reply to that comment by Mr. sally, found is Mr. Lawaons department, found on an un-numbered page toward the end of the report. I would say paragraph four, sub paragraph trao of this report dose specifically refer to the question o£ sewage and the alternatives that could be available there and would be the effect if it went sewage. I think the cosaaent should be and were also is this vein.... Under ' the present zoning of A-2, any industrial uses world be permitted, anq use under the sun would be permitted, therefore is order to alleviate water quality problems, you would find that his proposed zoning would be preferable to the A-2 zoning which would allow industrial as well es any other use, which would have an adverse effect on water quality. There ie also a comment in the EIR to the effect that the proposed zoning does not, is not consiatant with the Butte County General Plan, your progosed finding would be to the effect that, quite to the contrary, that the proposed zoning is consiatant with the general plan. That this is evidenced 6y your view of ;the plan iCSelf'. The comments made by the individuals before you at this heeriag sad also the exhibits that were submitted to you during this heeriag, but of course your finding there is primarily based oa your constant review of the General Plan, it is your plan with regards to the City of Chico general plan, one, the one comment should be made, Chere is only one general plan for the -city at a time. The gnlq general plan is the one adopted now, you may have adopted a new plan and then that will be the general plan. Of course that will be the city of Chico plan, however you can take into consideration what their thinking ria terms of as well as what they have got. However the plan that fa binding upon you and your zoning moat be consiatant with ie the Butte County General Plan in that this is the vaincor- posted area. I wood have no additional comments as to the findings.