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STATE OF CALIFORNIA )
SS.
COUNTY OF BUTTE )
May 13, 1975
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The Board of 5upervisore met at 9:00 s.m, pursuant to adjournment.
Present: Supervisors Cameron, Madigan, McKillop, Richter and Chairman
Ladd. Clif Nickelson, Administrative Officer, Den Blackstock, County
Counsel, and Clark A. Nelson, County Clerk, by Margie Catt, Board of
Supervisors Clerk.
Pledge of allegiance to the Flag of the United States of America.
75-818 APP&OVAL OF MINUTES
On motion of Supervisor McKillop, aecoaded by Supervisor Cameron
and unanimously carried, the minutes of May 6, 1975 were approved as
mailed.
75-819 COMMUNICATIONS
Nip Boyes, Chico. Property damage claim is filed against the county is
~ Q Q 2 ~ the amount of $153.54. Referred to County Counsel.
Mrs. Doris MecDoaald, Chico. Appeal is filed to approval. of ep;-8ltian'$3
~ ~ 3 .G S to land division AP 47-30-04. Sold until later in the meeting,
to discuss during Planning items.
D, C. Lookingbill, Paradise. Protest is filed to use permit issued
v to Mr. Harold Welbord for duplex on the east side of Sawmill
~/ ?j. ~ Rnad, Paradise. Put over until Planning Director is present
to explain this during the hearing.
Kenneth T. Penney, Paradise. Protest is filed against issuance of permit
~~3 . ~ v to Dr. John Deere for a foster home on East Roe Eoad, Paradise.
A request received to have this letter returned to Mr. Penney.
B. A, and Venus Jacques, Paradise. Protest is filed to issuance of permit
~, to Dr. John Deere for a foster home by Dr. Joha Deere on East Roe
Road, Paradise. Hearing set for June 10, 1975 at 1:30 p.m.
Protest re: Skyway Assessment District No. I. Protests sre filed by the
following persons to assessments and revised assessments under the
~ Z Skyway Assessment District No. 1: Margaret M. Finch, Mr. and Mrs.
O 0 • Willian Kuhnen, Skyway Garage - Phillip and Coral Marler, Butte
Enterprises, lac., Thelma Kemp, 81sie M. Kittredge, and Mrs. R. F.
Wilson. Place in file; copies made for Board members. To be
discussed at hearing Chia afternoon.
John F. Sheehan, Oroville. Mr. Sheehan requests the Board to go on
~ O ~. Z L record opposing SB 650 re: control of fire arms. Discussed; see
motion following communications.
King, Harris ~ McCabe. The attoraeya regarding Highland Park Subdivision.
// 3, O 4 See discussion and motion following communications.
,~--~ Orovilie Heritage Council. A letter signed by 19"members and Friends"
of the Oroville Heritage Council request the Board to make every
/ O O. drj effort to maintain the Ehmann Some at the corner of Lincoln and
Robinson Street as a memorial to Freda. Discussed; will be placed
on agenda for discussed again after departments are moved out.
Chico Motorcycle Club. Pat Upton, secretary, writes that the property an
Clark Road, suggested as a motorcycle riding area, is unsuitable
U for this purpose and states that there is approximately 710 acres
~`. near Helltown which could be made available. Consideration of
the possible trade for this property is requested. Discussed; Club could
present proposals for use of land. Mr. Castleberry will answer letter.
Page 322. ~ '
May 13, 1975
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Department of Transportation. Department forwards amended rules and
regulations for theRural Highway Public Transportation Demonstration
~(p Q .0 ~ Program. Deadline for submission of new applications or supplements
T to previous applications is June 1!, 1975. gQferred to Director
of Public Works
Office of Developments Disabilities. TF-e acting director forwards
information regarding selection by the Governor of appointees
/ p ~ , to fill vacancies in the areawide developmental disabilities
/ program boards. Mr. Mickelson reported on this Letter; no
action taken.
Department of Water Resources. The Department sends copy o£ its findings re:
Lime Saddle Community Services District application for $340,000
construction loan under the Davis-Grunsky Act. The determination
is that the loan is not justified. Findings are subject to cancurreace
of the California Water Commission. Information only.
McCain Associates, Chico. Theyxequest Chat since the City Council has
reversed their position regarding annexation of the Highland Park
Subdivision that conditions #12 and X13 of the approval of the
tentative map be deleted. Hearing set for Tuesday, May 20, 1975
at 5:00 p.m. in Chico at the Memorial Hall.
Pete Riehlman. Appeal of decision of Planning Commission for a variance
~ ~ 3 ~ O from the 50 ft, setback requirements. Set for hearing an June 1C,
1975 at 1:30 p.m,
Letters of protpat of assessments for Skyway Assessment Dlstrict No. 1.
~ p p, fiZ Copies to be mad A11r1eCtersof ars and discussed at hearing
this afternoon. ppeal on file with Clerk
A.E. McCollsm, Reclamation Baard. Modifications to Rules and Regulations
~~ ~ p for Coatroi of Encroachments in Butte Basin. Copies to be made
y fox Board members. Letter to be written requeatiag a change of
meeting place from Stockton, for the meeting set for May 23, 1975.
Claude D. Bell. Petition for variance to place mobile home on property
oft Coacow Road, Oroville. Set for hearing on May 27, 1975 at 11:00 a.m.
Veva Edson, President, League of Women Voters of Butte County. Request for
a night meeting regarding the Highland Park Subdivision. Hearing
set £or Tuesday, May 20, 1975 at 8:00 p.m. in Chico.
Oroville Area Chamber of Commerce. Bequest for County to consider painting
a green line on Or~ge Avenue, and subsequently on Oro Dam Blvd.
to the area of the old overlook at the crest of the Oroville Dam.
Request discussed. Mr. Castleberry felt this would fit in with the
City of Oroville's plan for tourists. See motion following
communications.
R. A. Sceales, Chico. Appeal of Planning Commission's requirement for
an E.I.R. for proposed i+-e-zoning of the Stileon Canyon Area o£
!~ 3,0 ~ Chico. Set for hearing on May 27, 1975 at 1:30 p.m,
75-820 LETTER OF OPPOSITION IN RE SB 650: CONTROL OF EIRE A$HS
On motian o€ Supervisor McKillop, seconded by SupervisorMadigan and
carried, a letter of opposition to Senate Bill 650 re control of fire
arms was authorized to be written by County Counsel, with copies to go
to the state and federal ~egislatore. Supervisor Richter abstained oa voting.
75-821 REARING SET ON HIGHi.AND PARK_$UBDIVI5ION: MAY 20. 1475 at 8:00 n.m.
Oa motion of Supervisor Richter, seconded by Supervisor McKillop and
unanimously carried, an evening meeting was set in Chico at the Veterans
Memorial Hall at 5:00 p.m., May 20, 1975 regarding the Highland Park
Subdivision, with action to be taken on Wednesday, May 21, 1975 following
the BCA6 meeting.
Page 323.
May 13. 1975
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75-822 APPROVE REQUEST OF OROVILLE CHAMBER OF COMMERCE FOR GREEN LINE ON
ORANGE AVENUE, ETC.
On motion of Supervisor McKiliop, seconded by Supervisor Cameron
and unanimously carried, the request of the Ornville Area Chamber of
Commerce for paintdggeagreen line on Orange Avenue, and subsequently on
Oro Dam Blvd., to the area of the old overlook at the crest of the
Oroville Dam was approved.
75-823 APPROVE PRAGRAM PROGRESS REVIEW REPORT & LEASE WITH MR, TIM TOKUNO FOR
LAND: COMMUNITY ACTION AGENCY GOVERNING $OARD
On motion o£ Supervisor McKillop, seconded by Supervisor Madigan sad
unanimously carried, the following action was taken:
1. Approved Program Progress Review Report
2. Approved lease with Mr. Tim Tokuno for land for the Gridley Family
Garden Project and the Chairman was authorized to sign.
75-824 APPROVE SALARY INCREASE FOR TEACEIER FIDE/COOK AIDE POSITIONS
On motion o£ Supervisor Richter, seconded by Supervisor Madigan
sad unanimously carried, approval was granted for salary increase for
teacher aide/cook aide positions from $2 to $2.10 per hour as requested
by the Director of EOC.
75-825 APPROVE GRANT APPLICATEON FOR HOUSING IMPEOVEMENT PROGRAM, SUBMITTED BY
BUTTE COUNTY ECONOMIC OPPORTUNITY COUNCIL. INC.
Pat Barry, Executive Director of EOC, reported on an item not on
the agenda, an application for a grant for Housing Improvement Program.
The application was prepared in conjunction with Mr,.Earl McGhee of Butte
College in order Co meet a deadline for submission of 5:00 p.m., Friday,
May 9, 1975. Mr. Barry had been unaware of this paaa~.ble source of
Funding until 10:00 a.m. on Friday, May 9, 1975. He has submitted this
application to the Governor's Office and would Like the Board's approval
of this action. Application discussed.
On motion of Supervisor McRillop, seconded by Supervisor Richter
and unanimously carried, the Board approved the grant application packet
on the dAscretionary funding for the Housing improvement Program for Butte
County Economic Opportunity Council, inc, as submitted to the Governor's
Office.
75-826 DISCUSSION: AUDITS OF CHI CO NEIGHBORH006 HEALTH CENTER; CHICO AREA LEGAL
SERVICES ~ CHICO COMMiR1ITY DAY CARE CENTER
Mr. Barry stated he had written letteta to the organizations
requesting that they implement the recommendations set out in the audits.
Audits discussed. Costs for office visits at the clinics discussed.
Mr. Harry was questioned concerning whether the Neighborhood Health
Center had malgractice insurance. Mr. Barry will check oa this and
will report back to the Hoard.
75-
On motion of Supervisor Csmeron, seconded by Supervisor Madigan
and unanimously carried, plans and specifications for the Skyway @ Magalia
Dam, Project Na. 51261-70-1 and Monte Vista Avenue, Les Plumas Avenue
and Hearst Avenue, Project No. 23505-74-1 were approved; Chairman .and
Director of Public Works were authorized to sign the plans; wage scale
adopted and bid opening aC 11:00 e.m., Public Works Office, June 5, 1975
set.
Page 324.
May 13, 1975
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75-$2$ APPROVE AGREEMENTS FOR GALE, RIGHT OF WAY ACQUISITION
Oa motion of Supervisor Madigan, seconded by Supervisor McKillop
and unanimously carried, the following agreements for sale for right of
way acquisition were approved, Chairman was authorized to alga sad
Auditor was authorized to issue warrant upon demand of County's escrow
agents
Foothill Blvd. 21554-70-2 Doyle W. Carter
" 21554-70-2 Blmo Lackey etas
Bald [lock Road 44605-71-1 Raymond H. Ervin
" 44605A-71-1 David B. Moore star
Oro-Quincy 25761-73-1 R. Linehan slur
Butte Meadows E. M. Hultman
Disposal Site H. P. Withers, Jr.
J. Withers
Sydney W, Philcox
James Joseph Withers
0.103 Ac. $103 ao impr. $ 103
0.028 50 " 50
0.097 300 " 300
781 781
0.275 1,000 " $1,000
4.24 2.120 " $2,120
75-829 APPROVAL TO WAIVE FEES AT OROVILLE & GRIDLEY TRANSFER STATIONS FOR
CERTAIN SEGREGATES WASTES
Mr. Castleberry explained the request for approval to waive fees
at Oroville and Gridley transfer stations for certain segregated wastes;
i.e., aluminum cans. tied newspriats and others when disposed of separately.
No change for any regular disposal. New name will be Solid Waste Transfer
and Recycling stations. Recycling by existing contractors as private
enterprise. Mr. Castleberry said he would suggest that the Board authorize
the waiving of the fees for the garbage that is segregated. Request
discussed.
On motion of Supervisor Madigan, seconded by Supervisor Cameron
and unanimously carried, the Board approved the waiving of fees at Oraville
and Gridley transfer stations for certain segregated wastes; i.e., aluminum
cans, tied newaprints and others when disposed of separately.
75-830 INFORMATION AND DISCUSSION ITEMS PRESENTED BY PU$LIC WORKS
(a) Report on Abandoned Vehicle Abatement Program for four months.
Mr. Castleberry reported that 2l vehicles have been dismantled. They
have a CETA employee dmiag this work. It is felt that the program is
going quite well.
(b) Road funding. Mr. Castleberry said this was ,just a report
to bring the Board up to date on this matter. There is a road funding
crunch. Costs have doubled for asphalt and fuel; it is going to take
most of the road budget Co get them through the year, Mr. Castleberry
said that maybe the Mi11s Bill might help matters a little.
Mr. Castleberry reported on the meeting on parking yesterday.
He met with Chairman Ladd yesterday and they felt they could cut the
estimated $53,000 down to about $33,000 or $34,000. They will move
15 of the vehicles dnwn to the lower level. Mr. Castleberry asked if
they could include the paving at the Public Works-Planning Department
site with the road paving overlay program this year. They could put
in the concrete pipe and drams now. Chairman Ladd feels that the plan
is goad sad it will take care of the area. There is a little problem
as to when the ,job could be done. It could be done on the week with
Public Works crews, if they are agreeable to it. The paving would be
done with the large contract. The valley gutters and drain pipe could
be done by force account. Mr. Castleberry will explore this plan; he
does not require action at this time. Chairman Ladd and Planning Commission
is being asked to work with th~naj3e 325.
May 13, 1975
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75-831 APPROVE PAYMENT OF $5,660 FROM COUNTY SERVICE AREA N0. 38
Mr. Castleberry stated that in January 1972 the Board approved the
loan of $7,000 for a contract for engineering services for the Skyway
storm drain facility project. Part of the action was that this loan
would be repaid. Mr. Castleberry asked if authorization could da given
to make this loan a cost to County Service Area No. 38, in the amount
of $5,660. Request discussed.
On motion of 5upervieor Cameron, seconded by Supervisor McKillop
and unanimously carried, the Board approved the payment of $5,660
from County Service District No. 38.
75-_8.32__PARADISE PLANS FOR LIBLtARY TO SE PLACED ON AGENDA
Supervisor Cameron said he had been given a set of pleas for the
Paradise Library. He would like to have this matter placed on the agenda
for discuss;an. TSis will be placed on the agenda for Tuesday, May 20,
1975. He stated he would like to get with the Board members and go over
the plans. Discussed; no action taken.
75-833 ADOPT ORDINANCE_1581, SALARY ORDINANCE
On motion of Supervisor Cameron, seconded by Supervisor Richter
sad unanimously carried, the Board waived the second reading of the
salary ordinance; adopted Ordinance No. 1581 entiCled the salary ordinance
and authorized the Chairman to sign.
75-834 AUTHORIZED PURCHASE OF CHCP SPREADER FOR PUBLIC WORKS b APPROVED
ACCEPTANCE OF DONATION FROM BETA 5IGNA PHI SORORITY
On motion of Supervisor McKillop, seconded by Supervisor Madigan
and unanimously carried, the following action was takes:
1. Authorized the purchase of chip spreader from Howard Cooper
Corporation, Medford, Oregon at a cost of $25,000, including tax and freight;
funds to come £rom a current rebudgeted road project which will be rebudgeted
next pear.
2. Accepted donation of $250 from Beta Sigu~a Phi Sorority to provide
emergency transportation of children receiving services in Crippled
Children~s Services Program.
75-835 DISCUSSION: CONTRACT OF EMPL07afENT OF CONSTRUCTION INSPECTOR FOR
JUVENILE HALL ADDITION AND REMODELING
Contract of employment of construction inspector for juvenile
hall addition and remodeling discussed. This was cansidered last week
but held over pending a report on liability insurance coverage. Carriers
have been caatacted by Mike Pyeratt. It was stated that this man would be
a contract employee; he would not be a consultant. Mr. Pyeatthas not
received an answer to his letter.
Matter held over until later in the day.
RECESS: 10:20
RECONVENED: 10:35
75-836 BUDGET TRANSFERS APPROVED
On motion of Supervisor McKillop, seconded by Supervisor Cameron
and unanimously carried, the following budget transfers were approved:
Page 326.
May l3, 1975
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May 13, 1975
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~B-272 Health. $1,800 is transferred from regular salaries to extra help
and is to obtain a clinic RN on an extra help basis until the position becomes
£inalized~: as such in the ordinance. There will be a request to reclassify a
nurse practitioner which is presently vacant down to 'a~ clinic RN. '
B-273 Pu•b1ia.Works - Equipment. This transfers $1,528.71 from sixteenth street
bridge construction project to equipment account in the equipment budget.'
Inadvertently, this amount too much was transferred from the equipment account
to cover fencing material at the Oroville yard :and this is to reimburse the
equipment section so that there will be no deficit.
B-274 Library. $2,500 is transferred from professional and spacial services
to office expense wit'~in the Library budget. Stock card and circulation system
supplies have increased between 20 and 30 percent and also an increase in patron
requests and circulation of approximately 10 percent county-wide and the sudden
closing of the state processing center in the spring required an additional $1,000
o£ cataloging supplies to ptocess books which were on order.
' B-27~ Personnel. This transfers $410 from special departmental expense with
$60 going to board authorized travel and $350 to other transportation and travel
all within the Personnel budget. The $60 is needed to cover the Personnel`'•
director's proposed trip to CPAAC Conference. In-county mileage and higher motor
pool usage than anticipated is the primary reason for deficit in the local travel
account.
B-276 District Attorney. This transfers $1,500 from communications and $500
from board audio tired travel in the Family Support Section of the budget far a total
of $2,000 going to communications account all within the Di&trict Attorney budgek.
Additional employees under CETA and Manpower and the prosecution of important cases
such as the people versus Swinney, and others which have necessitated long distance
calls -yin increased numbers to out-af-state and out-of-county witnesses is the
reason for the deficit.
B-277 D~ Control. $150 is transferred from clothing and personal supplies
to overtime within the Dog Control budget. This is for overtime hours required
to handle emergency animal calls.
B-278 Mental Health. $1,000 is transferred from rents and Lsases - structures
to communications within the Mentat Health budget. In October of 1974 an outpatient
facility was opened in Oraviile and partial use of an of€ice in Paradise plus rate
increases are the reasons for this transfer.
B-279 Ffre Department. $4,500 is transferred from transportation and travel
in the volunteer budget with $3,5D0 going to special departmental expense and
$1,000 to radio maintenance in~the Fire Protection budget. In the special
departmental expense turnout replacement, nomex shirts and hoods, back pumps,
wetting agents, foam, clamps, straps,and adapters are some of the items
purchased and inflation has caughtup.with these items.In addition the Department
has experfenced a higher than anticipated Lass and damage to this type of equipment.
In the radio account a higher rate of repairs for some of the older equipment has
been experienced and was anticipated at budget time.
B-260 Board of Supervisors. $658.78 is transferred from extra help to
professional and special servfCes within the Board• budget and is to cover cost
of 100 copies of Supplements 112-74 to the Sutte County Code of Ordinances. '
Provision for this was not made in the budget and we will place funds for the
Code updates in next year's budget.
Page 327. _~_•-
May 13, 1975
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B-281 County BuildlnRS. $3,600 is Cransferred from the reserve and $190.16
from household expense with the $140.16 going to special departmental expense,
$3,000 to other transportation and travel and $600 to overtime. Purchase of flags
which were formerly charged to household expense are now being charged to the
special departmental expense account in which no provision had been made Eor this
item. Additional vehicles to go with the added manpower have caused the transpor-
tation and travel deficit. The overtime is to cover pay for holidays worked by
building plant operators which was not anticipated and budgeted for with a small
amount aver and above this for emergencies during the balance of the fiscal year.
B-282 Public Works Yards and Stores. $2,450 is transferred from road reserve
to communications and is to cover present deficit and for the balance of the fiscal
year.
H-283 ARricultur®. $390 is transferred from the reserve to utilities to cover
present deficit and provide for balance of the year.
B-284 County Buildings. $500 is transferred from household expense to equipment
within the County Buildings budget. This is proposed for purchase of three
commercial type vacuum cleaners which will be needed to take care o£ the recently
installed cargetipg at the remodeled office facilities at Che old county hospital
building.
B-285 Public Guardian. $150 is'transferred from other transportation and
travel and $100 from board authorized travel with a total of $250 going to
communications all within the Public Guardian budget. This covers current deficit
and provides for the balance of the year.
75-837 REQUEST TO NAVE SPEED I.~MIT~CHECKED ON EL PASO WAX
Supervisor Madigan reported that people were speeding on E1 Paso
Way in Chico at a high rate of speed. He would Like Chia street inspected.
Mr. Castleberry will request that the Highway Patrol have their men
patrol this area.
75-838 APPROVE TENTATIVE. PARCEL MAPS RECO4ffQENDED FOR APPROVAL
Jim Lawson, Planning Director, explained the tentative parcel maps
presented for approval.
Mrs. Doris McDonald was present and spoke concerning her appeal
of the conditions placed on her map. Her'ob~ectioa is primarily to
Condition No: 3, to construc* Kathy Lane to County standards. Her husband
is 72 and is retired. They have a daughter in college and if she has
to comply with this condition, they will have to take her daughter out of
college.
Conditions seC out and discussed. She also objected Co Condition
No. 7, the culvert and drainage problem. Mrs. McDonald stated that they
would like to sell two parcels and retain their home and property
surrounding it. Drainage problems on this road discussed.
It was moved by Supervisor McRillop and seconded by Supervisor Cameron
that the tentative parcel maps recommended fnr approval, for Alan & Doris
MoDoaald and for James Hillis. Motion discussed; motion rescinded.
It was moved by Supervisor Madigan, seconded by Supervisor Cameron
and unanimously carried, that the following tentative parcel maps be
approved, that the appeal of Mrs. Doris McDonald be denied, that the maps
be approved subject Co the conditions, with the note that negative E.I.R.e
have been filed and that the findings be that they are in consistency with
with the zoning and general plan:
Page 928. May 13, 1975
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zonsl~ A-r Alan & riaris MaDOnald, AP 47-34-fl4, 4 lots, south of
r.P; 1-S ac/du Kathy Lane, west of Garner Lana. Chico. Enafneer:
orchard & t~ield ~~Iax Albert
Crops ... -
Pursu$nt to the rer~uiremsnts of Section 20.3 of the Butte County Code,
the tentative parcel map of the iabove pror~erty has been reviewed by
the Butte County Subdivision Committee and the Planning Commission.
The Subdivision Committee and the Planning Commission recommend aprroval
of the'teritative man, subject to the following conditions:
1. Provide soil tests, showing the proposed parcels meet the minimum
requirements of the tlydinance, and adjusting parcel size if necessarv
2. Specify on the final map the location of the wells to be installed
on Parcels 2, 3, & 4.
3. Construct Kathy Lana to IBS-8 LD2 standards. (inciudina drainage
solution)
4. Provide a road maintenance agreement for Kathy Lane, on one half
of the road for the 4 lots being created.
5. verify legal access.
6. Provide a non-exclusive easement statement far Kathy Lane.
A xegative Declaration Regarding Environmental Impact was filed with
the County C~.srk on ~,prii 14, 1975.
The ~enpral Plan indicates two categories of open space in non-urban
areas: 1) multiple use oven space and 2) permanent oioen space. Within
the multiple use open space, land in which the slos~ is generally less
than 258 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 ita location. Usss for
which it may ce suitable include, but are not limited to:
4vaters'r-ed
Erosion control
Wildlife habitat
rrazinq
Tree crops
Field crpps•
Scenic easements
Mineral Extraction
coif courses
Private outdaor recreation
Riding stables
Plant nurseries
Flood control
green belts
All reasonable efforts should be 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 values for
urban areas.
ngricuitural land should bs preserved against piecemeal urbanization
which would tend to adversely effect the economic potentials of this
~~, imranrtant segment. _ .-.~-..,._........_
Xn providing for urban growth and expansion. the fertile areas should be
preserved, wherever possible, to encourage prior use of laz-d that has lass
Agricuiturai potential. .
.. ~ .. -.- - Page 329.
'Hay 13, 1975
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Zoned A-3 James Hillis, AP 28-18-28, 4 lots, north of
G.P. y-5 ac/du Bph~a Rd., east of Robinson Ilill Rd., Bangor
Timb. & iKt. Terrain Engineer: Graves s Geddis
Pursuant to the requirements of Section 2Q.3 of the Butte County
Coder the tentative parcel map of the above property has been re-
viewed by the Butte County Subdivision Com~cittee and the Planning
Commission.
The Subdivision Committee and the Planning Commission recommend
approval of the teatativa parcel. map, subject to th® follov:*ing
conditions:
1. Indicate an the Final map a. ]QO ft. septic tank setback from
the OWID ditch.
2. Yndicate a 5Q ft. septic tank setback from the drainage c'a*nal
traversing parcels ] & 3.
3. Proof of watier or put thQ statement on the map as required by
the Ordinance.
4. Indicate on the final map the tl~D ditch easements.
A Nsgrztive Declaration Regardiaq Environmental Ympact was filed with
the County Clerk pn April 14, 1875.
The General Plan indicates Lwro categories o£ open space in nonurban
Ftretsss ']) a~ultiplp u3e open space and 2) permanent open specs.
V7ithin the multiple nee open space, land in which the slogs is
generally less that 25~ but which ere not covered with valuable
stands of timber, the General Plan status that these is not ex-
pected to be any sabBtantial demand for urbanisstion of this land
due to its location. Oses for which it may be suitable include, but
are not lim9.ted to:
Watershed l~Iix~eral Extraction
Erosion control Golf Courses
wildlife habitat .. Privato outdoor recreation
Grazing aiding stables
Tree crops Plant nuxsexies
Field crops Flood control
Soenic easemgnt$ Green Belts
The timber mountain classification is intcanded for those areas which
have values as timber producing areas, watershed areas, scenic areas,
recreatfonr~l areas and areas which by theiz chazaatez sad particular
topography require special treatmQnt and protec'tioa to mitigato po-
tential dac~age. Residential dev~zslopsnent in these areas should be
oonfinsd to areas where the topography of the iaad will allow a mini-
mum amount oi? damage by way of erosion, siltation, surface and ground
water pollution ar the destruction of scenic &nd histoxicai arear~.
Density ahonld be considered ea the basis of th®sQ factors and weighed
against alt~rnata use of the areas for timber prolfuction, recreation
sad Mat~exehsd grotcction.
page 330.
May 13, 1975.
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75-839 APPROVE TENTATIVE SUBDIVISION MAP: EAST WOODS PROFESSIONAL PARK SUBDI.
Mr. Lawson expisined the changes in the conditions to the East Woods
P'Tofesaional Park Subdivision, 6 lots, west side of Peatz-Magalia Hwy.,
770 ft. south of the intersection of Pentz^Magalla ~ Fickett Lane, Paradise.
Owner: Walter M. Sonatag. The minutes of the Planning Commission of
May 1, 1975, were corrected to reflect the changes 3n Condition No. 6.
It was moved by Supervisor Cameron that the East Woods Professional
Park Subdivision tentative map be approved with the finding that it is
not in conformance with the zoning and the general plan.
Dan Blackstock, County Counsel, stated the Board has to find that
it is consistent with the General Plan. It ceanot be approved unless
it is in conformance. The Planning Commission rezoned this area as a PAC
district. It was a change from residential zoning. Mr. Lawson stated
that it was not in conformance with the General Plan.
Chairman Ladd stated that Planned Area Cluster (PAC} could be
residential or anything. It was asked if thin would require a use permit
for any type development. The answer was "No". It requires a development
plan; the development plan has already been approved.
Action to be taken discussed.
Above motion died for lack of a second.
Chairman Ladd felt thin subdivision was consistent with the
General Plan. Mr. Blackatock stated that he will look at this matter
and will report back.
On motion afSupervieor Madigea, seconded by Supervisor Cameron
and unanimously carried, this matter was put over one week.
75-840 APPEARANCE: MRS. ERNIE ALBRECHT. OROVILLE
Mrs. Ernie Albrec ~~~,"'_~,_,__,
ht Orovilie, asked Che Board if the Mathew Readymix
had a permit to operate. They da not have a permit to operate the cement
mix plant. Mrs. Albrecht said she understood that there is sa organization
that is going to ask for a cease and desist order. She asked if there was
a legal description as to how they could operate this site. Supervisor
Richter said it was his belief that the permit does not include the batch
plant.
The Board told Mrs. Albrecht that these matters would be discussed
at the meeting scheduled far Wednesday sight, May 14i _1975, at 7:30 p.m.
75-841 APPROVAL OF EAST WOODS PROFESSIONAL PARK SUBDIVISION
Jim Lawson, Planning Director, said 6e would like the Board to
go back and reconsider East Woods Professional Park Subdivision. The
Planning Commission did make the finding that it~wae co¢p~ibla Frith
the General Plan. Supervisor Richter stated he could not vb'~~. for this
as he feels that it is not in conformancy with Che General Sian.
On motion of Supervisor Cameron, seconded by Supervisor McKillop
and carried, the Bast Woods Professional Park Subdivision tentative map
was approved with the following conditions, with the note that a negative
EIR has been filed and that the findings show that it is consistent with
the General Plan:
Page 331.
May 13, 1975
w a s o s s s c w s s s s R~yal~-~1~,7~ .m .e ¢ e w s. s .. s a e: s o s
Zoned PA-C EAST FJODDS PROI'ESSICt~AL PAP.K, 6 lots, west side of
O.P. 5-B du/ac ;Pentz-Magalia Hwy., T00 ft. south of the inCer~section
of Pentz-~'Paq~,lia an8 Pickett Lane, Paradise. pwner:
welter M. Sonntag. Engineer: Ringel ~ Associates
Pursuant to the requirements of Section 20.3 of the Butte County Cads,
the tentative map Of the above property has been reviewed by the Butte
County Subdivision Committee and the Planning Commission.
The Subdivision Coraaittee and the Planning Commission recommend
approval of the tentative map, subject to the following conditions:
1. Meet the requirements of F7ater Quality Control Board.
2. geed 40 ft. right-of-vmy from the future centerline of Pentz-
!iagaiia 1Twy. to the County of Butte.
3. T.ncate main entrance directly opposite from entry to hospital.
4. Submit on-site and off-site drainage plans to the Department of
Public Works for approval and install rec;aired facilities.
5. Construct on-site streets and parking to Btanctard shown on tenta-
- five map .t_
Due to correction of Planning Commission minutes of May 1, 1975.
the fallowing conditions are corrected:
6. Construct a left-turn lane and standard public road approach
on Pentz-Magalia Highway to facilitate the traffic generated
by this development. (Butte County Department of Public works
will design the left-turn lane and will acquire the res~uirsd
right-of-way. Construction of the left-turn lane will require
reconstruct;on of the entire roadway within the limits cf the
project.)
6A Submit plans to Department of Public works for anpraval and
.construct a sidewalk along entranc_ drive to the development.
7. Main acces~~road should ba 32 ft. aaction to two one-way streests.
P.t this time it is recnmmondad that it be a 28 ft. section.
8. Install at lepst one (1) A~"x 2~C" fire hydrant with a 6" gate valv~e•
oa an adequate water main in a central locatian, precise location
to be determined. .
4. aff-stre~~ Barking to he provided in accordance with•the "PA-C" and
Off'street Parking ordiaarcEas. If staged, 'the off-street parY.inq
should a2;t~A .te stage;`d in accprdinsnca with ss.id Ordinaflces .
10. Plantinq'igra4ind perimeter of property and at abutting parking
• area paveme4ati sections on property, except Pen.tz-Magalia Hwy.
11. "~ Planting of visual~.bazri,er to begin immediately upon approval of
this req'~e;st,,,y,,, _..._.
12. The minimum 3-acre ~arcgl. size be complie~i...vrith 6y applicant.
l3. .Moat the minimum revuireiments of the Paradise irrigation District.
Page 332.
lLay 13, 1975
/~~
( ~ ,
e s s a c s a a s s s a s s ~tlt ~31 ~9i5s s c .s e s ,e s s s s s e s s s s
14. The co~mnon area to show that which is availeble far sewage dieposrxl.
A Regatirre Declaration Regarding ~nairorunental Imaptt was filed with
the County Clerk an April l4, 1.975.
* Hot applicable due to sat amendad davelopr~ent plar-.
AYES: Supervisors Cameron, MclCillop and Chairman Ladd
NOES: 3upervisars Madigan and Richter
75-842 APPROVAL OF APPDINTMENT TO PALERMO COMMUNITY CENTER BOARD
On motion of Supervisor Cameron, seconded by Supervisor Richter and
unanimously carried, Jessie Lee and Nona Poet were appointed to the Board
o f directors of the Palermo Community Center.
75-843 APPOINTMENT TO BUTTE COUNTY MENTAL HEALTH ADVISORY BOARD: Pi1T OVER
At the request of Chairman Ladd the appointment to Butte County
Mental Health Advisory Board was put over at this time.
75-844 MATTERS PRESENTED BY BOARD MEMBERS
Supervisor Cameron questioned Mr. Lawson about the condition to cease
operations at 10:00 p.m. at the Chico Ra~equet Clnb. Mr, Lawson reported
that Mr. Ferguson has gone out to the site and they have determined that
the Club is in compliance. Supervisor Madigan said there had been some
talk about them going to ask for an additicnal hour to operate, ceasing
operation ak Ii:00 p.m.. They have not officially requested this extension
of operating time. Supervisors Madigan and Richter will look at the site
and determine if they are complying with the caaditiona of the use.
Supervisor Richter asked if there was some process of amending the General
Plan to make sure that these uses are consistent with the General Plan,
Mr. Blackstock suggested that the Planning Commission review the crest that Chey
desire to be changed so the General Plan could be amended, If the Board
directs him to do so, Mr, Blackstock could go down to Sacramento and attempt
to get amer.3ing 'Xegislation. General Plan discussed, Chairman Ledd said
he believed that any changes required should be made in the General Plan,
Situation discussed; no action taken.
75-845 APPROVE LETTER OF SUPPORT FOR SENATE BILL 204, +TD P80VISE ALCOHOLISM
CONTROL PROGRAMS
Supervisor Cameron stated that at the County Supervisors Association,
Health 8 Welfare meeting, they endorsed SB 204, the bill that would provide
for alcoholism control programs. Bill discussed.
On motion of Supervisor Cameron, seconded by Supervisor McKillop and
unanimously carried, a letter of support of Senate Bill 204 was authorised
to be written.
7S-$46 REPORT BY APPEALS COMMISSION is re RECOMMENDATION CONCERNING COUNTY EMPLOYEE
Bob Jones, Manager of the Butte County FSsployees Association, end
members of Che Appeals Commission Hearing Board appeared to discuss their
recommendation concerning the dismissal of Mr. Scott. Darrell Stevens,
Chairman of the Appeals Commission, stated that the committee had met this
morning and discussed this matter at length. They Listened to the taped
testimony. In reviewing the findings they do not think any more detailed
findings are necessary, They did not find that there was any insubordination.
The Committee feels that the departmenC head should tell the employee
Page 333.
May 13, 1975
~~ ~
Ma~ 13A 1475..irccccccc.ccaac
O 4 R! R R .O ! i! i i i i i
when he is fouling up. They find that this was never done Ln this case.
Mr. Stevens said there was one other thing he would like to present
to the Board, They have had hearings during the last two years and have
heard a great deal from the department heads. They feel that what they
have heard would be of assistance to the Board. They would like to suggest
that the Committee meet with the Board in an .a:ecutive .mission and diacuae
these personnel matters with the Board. Maybe after this discussion the
Appeals Committee could be done away with.
Chairman Ladd felt it would be beneficial to meet with the Commission.
Mr. Cofer, member of the Appeals Commission, stated that they
had made their findings after two days of hearings.
Dismissal of Mr. Scott discussed.
The Board heard from Mr. Castleberry at this time. He stated he
was responsible for this department with the assistance of some very fine
men. The men in this department still do not want this man back. there
were a number of cumulative actions that could be used for dismissal.
The Personnel Rules do not set out how many times you have to counsel as
employee before you dismiss him. He said he hopes that the Board does
not direct him to rake this employee back; all his employees feel that
they do not want him back. He said he hoped that Che Board wanted a good
operation with team work effort. Mr. Castleberry said the Board would be
setting a tremendous policy in their action to be taken in this matter.
Chairman Ladd said that County Counsel hen stated he would send
out a written memo to the Board members stating whether they could meet
with the Appeals Committee. He would like to see action deferred on this
until that time.
It was moved by Supervisor Richter and seconded by Supervisor Cameron
that the Board uphold the Appeals Commission's recommendations regarding
Mr. Scott.
Supervisor Madigan said he would vote against the motion; he does
not go along with all the Appeals Commission's fiadinge. Supervisor
McRillop said the County has a very fine Appeals Commission; he complimented
them, stating he felt the Board has a big responsibility to the employees
and to the department 1Sead.
On motion of Supervisor McRillop, seconded by Supervisor Madigan
and carried, tae motion above was tabled until further consideration is
given or until the Hoard can talk Ca the Appeals Commission in general
to determine their findings and to diacuae said issue with them in executive
session, if this is allowed.
AXES: Supervisors Madigan, McRillop and Chairman Ladd
NOES: Supervisors Cameron and Richter.
RECESS: 12:05
RECONVENED: 2100 p.m.
75-847 PUBLIC HEARING: HAROLD WELBORN, APPEAL TO PLANNING COMMISSION'S DECISION
PROPOSED DUPLE% 5984 SAWMILL ROAD PARADISE USE PEH2-IIT DENIED
The public hearing on the Harold Welborn sppeai to Planning
"Commission's decision to deny the proposed duplex, 5984 Sawmill Road,
Page 334.
May 13, 1975
r"` _ ~".
teem s A e ~ e .c ~ .. ~Mayali~e167i s: y e s: e~ s e e s ~ s~ e
Paradise wen held as advertised.
Hearing opened to the public. Apgeaxiag:
1. Mr. Fred Perkins, Sawmill Road. He was told that there would
only be single family dwellings on this property. He spoke in opposition
to this proposed use.
2. Mr. Aerbert Stonebreaker. He lives in one of the single family
dwellings built by Mr. Welborn. He is opposed to the building of the duplex.
He filed a petition opposing the issuance of the use permit for duplex on
this property.
3. Mrs. Elizabeth Staley, Sawmill Road. She spoke 1n opposition.
4. Mr. Ray Carrozza, 5awmi1l Road, spoke in opposition.
5. Harold Welborn, applicant, spoke in favor of the granting of
the use permit. He set out the background of the property imrolved and
of his other developments on hie property. He stated that a negative
EIR had been filed. He stated that he has met all the conditions
required. Mr. Lawson stated that Mr. Welborn had not met all the
requirements.
Hearing closed to the public and confined to the Board fcr consideration.
Use Permit discussed. Bettye Blair stated that as of Friday all
of the conditions had been complied with except the sidewalk in front of
Mr. 5toaebreaker~ property. Findings of the Planning Commission discussed.
Mr. Lawson stated that the development is incompatihle to the surrounding
developments.
On motion of Supervisor Cameron, seconded by Supervisor McKillop
and unanimously carried, the Board concurred with the findings of the
Planning Commission and denied the use permit requested by kir. Aarold
Welborn for duplex, 59&4 Sawmill Road, Paradise.
75-848 PUBLIC HEARING: DERRALD 5 HELEN BU15-REZONE FROM "A-R" (AGRD.-RESIDENTIAL)
TO N-C FOR PROPERTY LOCATED ON SOUTH SIDE OF C~OVILLE-QUINCY HIGHWAY @
INTERSECTION WITH FOOTHILL BLVD.: ADOPT ORDINANCE 1552
The public hearing on the Derrald & Helen Buis request for rezone from
"A-R" (agricultural-residential) to N-C for property Located on the south
side of Oroville-Quinsy Highway at its intersection with Foothill Blvd.,
Oroville, was held as advertised. Jim Lawson, Planning Director, seC
out the background of this request.
Rearing opened to the public.
Appearing: Mr. Detrald Buis. He spoke in favor of the rezoning,
setting out his reasons for the request.
Hearing closed to the public and confined to the Board.
fiupervieor Richter Baked if this was contrary to the General Plan.
Mr. Lawson stated that yes it woe; this is a residential area.
On notion of Supervisor McKillop, seconded by Supervisor Madigan
and unanimously carried, the Board concurred with the Planning Commission
and approved the requested reEAning; adopted Ordinance 1582 rezoning the
Page 335.
May 23, 1975
/""~ f'"4
Q . ~ ~ ~ .. 4 ~ e . e ~ :a$ 13i ~9~5~ . s ~ ~ : e ~ ~ d ~ ~ ...~ ~ e a
area from "A-R" (agricultural-residential) to N-C and authorized the
Chairman Co sign.
75-849 PUBLLC H:1 RING; APPEAL OF THOMAS J. FRANZELLA, SEGA1tDLNG CERTIFICATE
OF COMPLIANCE
The public hearing on the appeal of Thomas J. Franzella regarding the
issuance of the certificate of compliance for four parcels of land, rather
than placing the four percale back into one parcel, was held at this time.
Hearing opened to the public.
Bettye Blair, Planning Department, stated that the motion of the
Subdivision Committee was to issue a Certificate of Compliance, finding
that the division of the property did not comply with the provisions o£
the Subdivision Map Act, iaasmuch as five or more parcels had been created,
also Finding that the development o£ this property Qas not contrary to the
public health and safety, condition the Certificate of Compliance ae
follows: 1, That the four parcels identified as AP 63-OI-14, 16, 19, ~ 20
being combined into one parcel. Brian Rix, deputy County Counsel, stated
that at the time of the appeal, Mr. Franxeila asked if he had the right to
appeal the conditions. Mr. Rix told him that he could appeal the conditions.
Appearing:
1. Mr. John Franzella. He set out the background of the title to
this property. Tt•is property was originally owned by his mother and
father. Originally there were 80 acres owned by his father. He sold
20 acres to Mr. Made. Hie mother regained title to this 20 acres and
divided it into 4 parcels, two of which she gave to him.
Mrs. Blair explained theiaitjel reason for the revue. Family
tree of the property set out. The Subdivision Committee recommended that
there be one certificate for the 20 acres, rather than for four parcels.
Time spent discussiag the transfer of this property and Che
transactions involved. Mr. Franzella had filed Che application as four
parcels. The Committee has recommended that the 4 parcels be recombined
into one parcel.
Dn motion of Supervisor Madigan, seconded by Supervisor Richter
a^d carried, the Board upheld the action of the Subdivision Committee
recombining the four parcels back ~:ato one parcel.
AYES: Supervisors Cameron, Madigaa, Mc1Ci11op and Richter
NOES: None
Abstaining: Supervisor Ladd
RECESS: 3:45
RECONVENED: 3:55
75-850 CONTINUATION OF HEARING ON 3KYWAY ASSE5S_MENT DISTRICT N0. 1
The continuation of the hearing on Skyway Assessment District
No. 1 was head at this time. Mr. Gail Peck, Bond Counsel, spoke on
the matter. The original assessment was filed by the :engineer. The
original assessments were protested. The hearing had been renoticed.
The engineer has filed a new sesessment List with theClerk. The hearing
today is to hear protests on the new assessmeata as revised. Mr. Peck
stated that it was obligatory to make a determination on the assessments.
Iie explained the procedures u~age ryes Bond Act.
May 13, 1975
r"'~ ~
...=~~=sa:...~..:~~ L3a~9~5.................
Hearing opened t~ the public. Chairman Ladd stated that in the
i ntereat of time, he is going to make a request that the people make
their statements brief and the time will be limited to three minutes.
All letters of protest have been filed with the Clexk, with copies going
to the Board members.
Appearing:
1. James Stark, representiag 5t. Thomas More Catholic Church. ~
He questioned the asaesamea placed on the Church. He stated that the sewage
laterals had been put in as a convenience factor. He set out examples
of other grcperty he felt were more valuable than theirs that had a
smaller assessment placed on their property. He would like clarification
as to how this assessment was arrived at.
Mr. McCain explained how he had arrived at the assessments; revised
formplp set out. The vacant property received a very law assessment; the
developed commercial property received a higher assessment. The other
thing the Board had directed him to do was to spread the convenience
factor of the sewage facility over the property as to its possible use.
Mr. McCain answered questions concerning the assessments.
Supervisor McKillop said he would like to have Mr. McCain elaborate
on the matter of the laterals beiag put 1n for convenience sake. Mr. McCain
stated that this projects totalcoste were much more than the people
realized. The uti?.:ty companies have put in in excess of a million dollars
for undergrounding their facilities.
2. Mrs. Kathy West. They owe property on the Skyway. She read a
petition into the minutes requesting a contribution of funds by the County
Sr this project. She feels that the people cannot pay these assessments;
they feel that they have been improperly assessed. Petition filed
with clerk.
3. Phil Mace, attorney at law, spoke on behalf of his clients.
Protests in wxittea form have been filed with the clerk, with copies
going to the Board members. His clients feel that people outside the
district are receiving the same benefits as the people within the district.
He called the County appraiser 1n Paradise and he said he had detected no
indication that property values have been increasing in this district due
to this improvement. He stated that evidence has to be shown that there
has been a degree of benefit placed on these properties within the district.
4. Paul Minasian, attorney at law, stated he was representing
three property owners. He questioned Hr. McCain concerning the assessments.
He set cut the drainage structure on the Brophy's property. He stated that
in his opinion there is no benefit to these props•ty owners.
5. Mrs. Dee E11is. She stated that she owns property on the Skyway;
she has no quarrel with the creation of the district. She does object to
the distribution of the costs.
6. Mr. Rudolph Shatt. He owns two parcels on Lucky John Road.
He set out hie opposition to Chess assessments.
7. Mr. Lawrence Webb. He questioned the Board concerning the
sewage laterals.
8. Mr. William Kunahan. He did not feel the people should be
assessed for the laterals. He opposed the assessments.
Page 337.
May 13, 1975
~'~ .~"1
s s s a s a s a s s s s s'Y.~sli~a~'is7b a s s s s s s s a a s s s r r s s r
9. Mr. Beige. Be objected to the assessment £or drainage.
They have a creek that runs slang their property and they use this
for drainage. Be opposed the assessments.
L0. Patricia Brophy. She stated that they put in drainage to
County specifications. Their property has been adequately dreiaed of
all the water coming down the Skyway. She feels the assessments are too
high.
Bearing closed to the public and confined to the Board.
On motion of Supervisor Madigan, seconded by Supervisor McKillop
and carried, the hearing was closed at this time.
AYES: Supervisors Cameron, Madigan, McKillop and Chairman Ladd
NOES: None
ABSTAINING: Supervisor Richter
The hearing was closed and the procedure to be followed now
explained by Mr. Peck. The Board will now have to determine what
assessments they want to confirm. The Board may want to study the assessments
and have the engineer of work evaluate the protests. Mr. McCain said he
could study the protests and could have a report ready for the Board by
Friday.
Mr. Peck stated he would have to prepare a resolution approving
the assessment. Supervisor McKillop felt the matter should be placed on
the agenda for neat week for a decision. At that time, he suggested,
maybe the County should participate in Che project. Before a decision
is made, this could be discussed. Mr. Peck said that if the County is going
to participate by a contribution to the project, Mr. McCain wi1L have to
know so he could made an adjustment to the assessments.
Supervisor Cameron stated that there are some of the costs that
are beneficial to everyone in the area; he feels that the County should
make a contribution to the district. Everyone on the hill is enjoying the
use of the widened Skyway.
It was suggested that maybe the $71,000, the portion for the sewage
laterals, could be put over on County Service Area No. 38. These funds could
then be recouped. The County would be loaning the $71,0000 to County
Service Area No. 38. It wen felt the County could contribute in this way
as County Service Area No. 38 takes in everyone oa the hill.
Suggestion discussed.
It was moved by Supervisor Cameron, seconded by Supervisor McKillop
and unanimously carried that this matter be placed as a 7:60 p.m, item fox
the meeting to be held Wednesday, May 14, 1975, with a report on the suggestion
made; County Counsel to research the codes to see if this would be a
legal expenditure for County Service Area No. 38.
Mr. Blackstonk stated he would have the information prepared
for this meeting.
Supervisor McKillop stated that the insurance carrier for the
contzactor was present, together with Bruce Grinnell. Maybe the Board
could listen to them at this time.
Page 338.
May 13, 1975
¢ oe a s¢ e c c e a s s s ~tk 13~ 91050 s s s s s es s s s a s s s s s s
Roger Goodson, representing Harbor Insurance Company, stated he
was not familiar with all the claims that have been filed. Claims
discussed. Supervisor Camerae acid the claims the Board was concerned
with were the ones that were damage to property while the project was
being built. Supervisor Cameron stated that the people could meet with
Mr. Goodson and get the matter under way. A punch list was given to Bruce
Grinnell. A list will be provided Mr. Goodson. Mr. Grinnell said he would give
a list of the claims to Mr. Goodson,
Mr. Goodson will meet with the people in Paradise tomorrow. He
wi7.1 discuss the claims with Mr. Castleberry.
75-g5i. DISCUSSION: CONTBACT OF EMPLOYMENT OF CONSTRUCTION ENSPECTOR FOR
JUVENILE HALL ADDITION AND REMODELING
Mr. Nickelson stated that the insurance company would be willing to
assume the employee. The Ceunty could pick up the additional coverage
for $100. Nr. Blackstock said he would check on this before action is
taken. He will talk to the insurance company and will report back. He
would recommend that the Board not go to the independent contractor basis.
Chairman Ladd felt he should be carried as extra help; this is how this
has been done in the past.
It was stated that if this is handled as &a extra help employee,
there would have to be an allocation for the employee. It was suggested
that the man could be handled on a claim basis.
Hiring of the building inspector discussed. A recommendation will
be made to the Hoard at tomorrow nights meeting.
75652 RECLAMATION BOARD MEETING DATE CHANGED & OTHER PfATTEttS PRESENTED
Supervisor Madigan reported that Col. McGollam had palled back.
The meeting is now scheduled for June 27 in Redding. They have taken
the Butte Bas#n modifications to the rules and regulations off the
agenda for the Stockton meeting.
Supervisor Madigan questioned whether this County bilisother
counties £or search sad rescue efforts. Mr. Nickelson will make a
study of this matter and will report back.
Supervisor kfadigan requested fast the resolution from Modoc
County on the taxation of thermo-energq development be placed on the
agenda for Tuesday, May 20, 1975.
75-853 APPROVE APPOINTMENT TO BUTTE COUNTY MENTAL HEAI.TR ADVISORX BOARD
On motion of Supervisor Ladd, seconded by Supervisor Madigan and
unanimously carried, Susan Jones was appointed to Butte County Mental Health
Advisory Board.
RECESS: The Board recessed at 6:00 p.m. to reconvene on Wednesday,
May 14, 1975 at 7:00 p.m. in Che Board of Supervisors Boom,
flraville, California.
Page 339.
May 13, 1975
r`` _ ~ /'1
May 14, 1975
O i i C a C Si ~ C C r g a s S s s~ a m S S m c C v a Ip ID a 6 C R R C 'L t C
Reconvened: 7:00 p.m.
Preaeat: Supervisors Cameron, Richter, McKillop and Chairman
Ladd; Dan Blackstock, County Counsel; Clif Nickelson,
Administrative Officer;'and Clark A. Nelson, County
Clerk, by Debra Clanton, Deputy.
Absent: Supervisor Madigan
75-854 REPORT ON SKYWAY ASSESSMENT DISTRICT BY COUNTY COUNSEL
Mr. Blackstock stated that he had researched the matter of the
County loaning money to County Service Area ~~38~ which is the approximate
area of the Paradise Irrigation District. The maximum tax rate for the
area is 10.1 cents per $100. The assessed valuation is $42,000,000. The
service area has approximately $29,000 in their account now, less contingencies.
The County could make a loan to the service area far $200,000 or leas. This
would have to be paid back within five years, at the interest rate the County
receives oa its other money. The County Genersl Fund would not sustain any
lose whatsoever from this loan, including the interest. The Board would
establish a revolving fund from which they would make the loan to CSA ~1~38.
Glay Castleberry, Director of Public Works, explained the workings
of service areas. Supervisor Cameron suggested an amount of $100,000 to be
loaned to the service area. Supervisor McRillop felt that the Board should
make a decision to enable the engineer to continue his work.
Everd McCain, engineer, expressed his opinion on the ideas presented.
He doesn't nee any way possible to tie the drainage to the sewer system.
He explained that several contributions have been made by various agencies so
that the people benefiting from the drainage are paying only 197 of the cosC.
Mr. McCain stated that hie personal opinion was that there was ao justification
for another contribution. He feels the present breakdown of costa is very
equitable.
The drainage aspect of the Skyway Assessment District ~kl and the
possible loan to County Service Area X38 is to be discussed early Tuesday
morning.
Discussion of the sewage laterals. Mr. Blackstock recommended
that the Board direct the engineer of work be prepared to present original
assessment figures in conjunction with present usage. Mr. McCain requested
that a decision be made first as to the loan to CSA ~~38. It was explained
that this could not be done at this time as it would take four votes to pass.
Discussion of figures Mr. MdCaia is to bring back.
Mr. McCain was instructed to use the original figures on the sewers
and to combine these figures with the figures for the drainage, curbs and
gutters and present a spread based on this combination to the Board on
Tuesday or Wednesday of next week.
15-855 APPROVE CONTRACT FOR JWENILE HALL INSPECTOR
Mr. Blackstock stated that this will be picked up by the County's
insurance. He also explained the termination clause of the contract.
On motion of Supervisor McKillop, seconded by Supervisor Cameron
and carried, the Board approved the contract of employment of the construction
inspector for the Juvenile Hall addition and remodeling for Phil C. Barjouski,
and authorized the Chairman to sign.
Page 340. May 14, 1975
~ ~
May 14, 1975
x e e o a e T= x x m rs x s a a a a a a a a a c m a a o a z n= o e n n a e
75-856 HEARING: MATHEWS READYMIX INC. LAND EXCHANGE
Supervisor McRillop explained the background of this matter. He
explained that it was the decision of the Board that they should act ae a
lead agency in getting the different agencies involved together to hold
this informational meeting. Gene Sy1va, Planning Commissioner a4d_Ose~aille
City-Gpunei3mdtr~gd3:fcttes~~rhi§etiadeestaadiag bftbheeMRthe~rsi$.eadymix problems.
Attending the meeting from the state ageaciee were: Bill Briner,
Department of Forks and Recreation; Robert Lassen, Department of Fish aad
Game; Bob .lames, Department of Water Resources; and Stan Young, Department
of Water Resources, Right of Way Division. Also present were members of
the Oraville City Council, Feather River Recreation and Park District,
and Mayor Tdinston.
Mr. Briner stated that the Department of Yorke and Recreation is
the lead agency in the negotiations of the land exchange. He gave a brief
history of the matter from their viewpoint. He stated that he had a copy
of the proposed agreement and would like to leave this for County Counsel.
This would allow the state to proceed with the general development plan
which would go into the details of operating costs to the district or
whoever the local agency would be. It will also have an EIR that will be
developed by the state, etc. Mr. Briner explained that there is no money
available to acquire the land which is the reason for the land exchange.
There has been $1,200,000 alloted for the dam and the recreation facilites.
Mr. James stated that they are very happy to have this opportunity
to~disausa the matter with the public and to get their opinion on the matter.
Mr. 3oung"~axp~adnedithe areas that are suggested for exchange.
Area A is south of Highway 162 and west of the Feather River.' Thia is the
area that was used by the railroad for a turn around during;; the building
of the Oroville Dam. Area B has been eliminated as it is known as "Audubon
Island': Area C is the dredger tailings area west of Highway 70 and covers
approximately 245 acres. Area D is opposfte Area C on the other aide of the
river, east of Gridley, and is approximately 50 acres. Mr. Young explained
that the areas outlined are general and that portions outlined may not be
included in the exchange.
Mr. Lassen of the Fish and Game Department explained how these
areas were chosen. In the area Mathews Readymix occupies now, there ere
two spawning areas they consider very important. They feel that an
exchange could have some benefits to the Department of Fish and Game and
would hope that they can enhance the river value.
Supervisor Richter questioned Mr. Briner regarding the dam and
its effect on Che spawning gravels. Mr. lessen stated that his department
would have very stringent requirements to assure the safety of these gravels.
Hearing opened to the public. Appearing:
Gene Mercer, secretary of the Fish and Game Commission. The Commision
is opposed to any land transfer. They feel that the borrow area is one of the
largest unrestricted recreation areas in the state and they feel people should
be allowed to use this area freely. He also stated that the fish ladder
at the old western canal should be given more consideration. He stated that
the Commission would hate to see the transfer until it is studied very
carefully. He was also Concerned that money alloted for recreation would be
used for the dam. Mr. Briner stated that out of the $1,200,000, only $750,000
could be used for construction of the dam.
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Supervisor Richter questioned Mr. Mercer about Area C and the
wildlife in the area. Mr. Mercer felt there was valuable wildlife there
and should be protected. '
Mrs. Ernie Albrecht, Oroville, questioned about the mineral
rights. It was explained that if there were any gold in the gravel,
Mathews would have the right to it. Mrs. Albrecht also expressed concern
over seepage from the water supply. Mr. Young didn't feel the diggings
would have any effect on this.
Bernie Richter, councilman, appearing as a private citizen.
Mr. Richter endorsed the land transfer and explained why.
Patrick Porgene,wbaWconcerned about where additional funds
would come from for the project since the money allocated in 1972 could
not cover the costs due to inflation. Mr. Porgans also stated that he
will be taking aerial photographs of the area sad can supply copies if
requested.
Mr. Briner stated that the state is obligated to give the local
agnecy a completed project. This will be in the general development plan
and will have a proposed operating cost. Tf the stated is unable to complete
the project, there will be no local support as it will not be built. He
explained that this is 1972 money sad has a 8 year time limit, meaning that
it moat be used in the 1975-76 fiscal year.
Charles Cooley, Oroville, speaking as an individual. Mr. Cooley
outlined his objections to the different areas. He felt that a portion of
Area C could be used and that Area D could be used as long as there was no
problem of fishermen reaching ponds in the area.
Jean Pratt, board membersof the Feather River Recreation and
Park District, expressed concern that items concerning this had been
swept under the rug. Mayor Winston objected to this line of discussion.
Mrs. Pratt explained that she is concerned that there might sot
be regulations concerning Mathews in the exchange area. She was also concerned
about the flow of the river. Mr :. James stated that he was not prepared to
answer to that at thist time but that he would be answering this question in
a letter, copies of which could be provided if requested,
Mrs. Pratt stated that she does not have an opinion regarding the
areas suggested for exchange ae she did not know previously what had been
proposed.
Supervisor Cameron explained to Mrs. Pratt that the county would
still have police power over the operation es long ae it is in the county.
Dorothy Paradis stated she opposes the land exchange as she does not
feel it ie in the interest of the citizens of the county. She questioned
about the title and was told that Mathews hold3the land on a fee title and
has a use permit from the state regAKdi6ga~lood.ztaatrol.
Chairman Ladd explained at this time that this meeting was to
discuss the land exchange only and not the other issues involved with Mathews.
Supervisor McRiliop pointed out that the exchange would be for
land of equal value, not necessarily equal acreage. Mr. Young explained
how the appraisal would be done, but that Mathews will probably come out
with more land as their lead now ie more valuable. The appraising will
be done by qualified appraisers and will very likely not be from the Omville
area.
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May 14, 1975
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Mrs. Paradis asked that the feather River Park District be informed
of who the appraiser will be. This was agreed to by the state representatives.
Ross Mazall, owner of property adjacent to the readymix operation,
stated that he would like to have the river restored. He feels that the
entrance to Oroville is unpleasant and would be greatly improved by the
removal of Mathews.
Lynn Thomas, Chico, representing the Audubon Society, stated that
they are not in favor of the exchange. They sympathize with Oroville's
problem but they don't approve of the proposed dam as they feel there is
abundant flat water in the area. She didn't feel that the cost of the dam
and fish ladder can be justified by only two or three months usage during
the year. Mr. Sylva question Mrs. Thomas about the enhancement of certain
areas. Mr. Lassen explained that his department's requirements on the
dam would be quite severe. The flow being talked about on the dam would not
wash the spawning grounds away.
8111 Lawrence, Oroville, endorsed the land exchange.
Ernie Hatch, member of the Feather River Fark and Recreation
District, stated he would like to enhance the Feather River but he is
concerned about where the additional money would come from. He also
feels that with the dam, there would be nine months of low water as there
is now. He was also concerned about the agreement having an escape clause.
Mayor Winston informed Mr. Hatch thetean escape clause in is the agreement.
Jim Crisman, Northern California Fiy Fishermen's Xssociatioa,
stated that they are opposed to the building of the~dam. Mayor Winston
questioned Mr. Crisman about letters Mr. Crisman had sent to the paper
regarding the land exchange.
Clayton D'ercy, Oroville appeared in favor ofethe-landctragsfer.
Jess Gillum, Fiah and Game Commission and Rod and Gun Club, opposed
the land exchange.
'Bob Baiocchi, Paradise, question Mr. Lassen regarding the transfer.
At the request of Mr. Baiocchi, Mr. Lassen read a letter from Chet Hart to
William Giaaelli contained in a report regarding this project. Mr. Baiocchi
is opposed to the land exchange and the dam.
Gordon Mathews, manager of Mathews Readymix, Inc. He gave a
brief history of hie involvment in the matter. He stated that there has
been no "hanky panky" and they are anxious Co try and do what the majority
of the people want.
Mr. Briner stated that they have a preliminary draft of the agreement
and if it is signed by a local agency, then his department would move towards
a finalization of the general development plan. This would take in the
construction and estimate costa of Che dam;, the recreation costs and the
land transfer costs as well ae the coat of the ETR, which will cover each
phase of the operation. When this is finished, it is broughC back Co the
local district for agreement and then would go to the legislators far
approval. He explained that several public hearings would be involved and
that this whole project would be done very carefully. Nothing would be done
behind closed doers.
Mr. James stated that the Department of Water Resources cannot
proceed with the exchange until there is an EIR sad that there will be plenty
of chances for the public to look at this project.
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Mr. Briner stated that the state has little control over the Mathews'
operation but will be concerned about the condition the property is left in
when the exchange is complete.
Mayor Winston stated the City of Oroville is concerned with the
ultimate coat of the protect, however the city council is convinced that
the majority of the people in Butte County want something done with this
river. Ae explaimed the escape clause. The City of Orov111e is willing
to enter into an agreement as long as thexe is an escape clause.
On motion of Supervisor Richter, seconded by Supervisor McKillop
and carried, the Board reaffirmed its position in support of the land
exchange and the project between Mathews Readymix Inc. and the State of
California.
Supervisor McKillop and Chairman Ladd thanked the state
representatives and all attending the meeting for their involvment.
ADSOURNMENT
There being nothing further before the Board at this time, the
meeting was adtouraed at 9:45 p.m. to reconvene on Tuesday, Maq 20, 1975
at 9:00 a.m.
Chairman
ATTEST: CLARK A. NELSON, COUNTY CLERK
By ~. ~p t ~d~
Board of pervisora Clerk
Page 344. May 14, 1475