HomeMy WebLinkAboutM052273
STATE OF CALIFORNIA
COUNTY OF BUTTE
May 22, 1973
SS,
The Board of Supervisors met at 9:00 a.m, pursuant to adjournment.
Present: Supervisors Cameron, Gilman, Ladd and Chairman McKillop. Clif
Nickelson, Administrative Officer, Daniel Blackstock, County Counsel, and
Clark A, Nelson, County Clerk, by Margie Catt, Board of Supervisors Clerk.
Absent: Supervisor Madigan
INVOCATION: Rev. Norman Callaway, First Methodist Church, Oroville
Pledge of allegiance to the Flag of the United States of America
73-827 APPROVAL OF MINUTES
On motion of Supervisor Gilman, seconded by Supervisor Ladd and
carried, the minutes of May 15, 1973 were approved as mailed, with the
correction of Item 73-817, Page 230, second paragraph, to state the Board would not
be in a position to make a decision until a vacancy is determined under law,
which will probably involve a quo warranto proceeding and delete the portion
concerning the Attorney General's office,
73-828 COMMUNICATIONS
vRalph B, Memmer, Paradise. Mr, Memmer objects to being included in the Skyway
IQO~D Assessment District No, 1, Place in Assessment file,
Alfred Illgen, Paradise. Mr. Illgen forwards list of names which are considered
~ Sd,O v suitable for use on Paradise roads and would be reminders of the Gold
Rush days. Mr, Castleberry stated that he has a copy of this letter
and he has submitted the list of names to the Planning Commission.
Olive L. Brown, Palermo, A petition with approximately 35.signatures is filed
protesting the Planning Commission action approving installation of a
~/'~•0`~ body and fender shop in Palermo on Palermo-Honcut Road, 50' east of
Lincoln Boulevard.' Set for hearing on June 12th, 1973 at 1:30 p,m,
Durham Woman's Club. Forwards copy of its letter to California Division of
~~ p J Highways endorsing construction of the traffic interchange on Highway 99
at the intersection of. Oroville-Durham Highway and Pentz Road,
Information only,
Ray H, Ham, Richmond. Mr. Ham details his problems in obtaining permit from
J13 p v the Public Health Office for placing a mobile home on his lot.
Administrative Officer will make copies for the Board, Mr, Toussaint to ans
John E. Morehead, Chico. Mr. Morehead protests the continuation of the special
// 3 p O per€nit allowing the Tau Camma Theta Fraternity House on Santa Clara Avenue,
Referred to Planning Commission.
First Baptist Ghurch, Paradise. James,T.Martin, pastor, requests that his
v application to the Planning Commission for land parcel split be held
//3•~ open pending his negotiation for purchase of additional access space.
Referred to Planning Commission,
Butte Enterprises, Inc „ Chico. Protest is filed for the proposed improvements
and acquisitions in the Skyway Assessment District No. 1 for purposes.
of constructing a storm drainage system, sanitary sewer pipelines and
curbs and gutters, Place in Assessment file.
Butte County Mental Health Advisory Board, The Board forwards copy of its resolution
urging the Mental Health Director to recognize existing mental health service
~ ~•O ~ needs in the County's schools as an emergency to be met.
3 Administrative Officer to make copies of this letter for Board members,
Page 235.
May 22, 1973
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Butte County Head Start. Appreciation for the continued interest and support
~~,DD of Dr. Heindl and the Health Department staff is expressed, with
w particular emphasis and immunizations which have been accomplished
for 76 children in the program, Tnfoxmation; no action taken at
this time,
Region C, ^alifornia Council on Cziminal Justice. L, H, Casagrande, planning
~ ~-~'~ 0 District~Attorney Leachtto the RegionfC1RegionalhCriminallJusticed
Planning Board will expire on June 30, 1973, See motion
following communications.
State Board of Equalization, The Board writes regarding amendments to local
-L ~ sales and use tax ordinances required before January 1, 1973 under
~ ~" Senate Bill 90 (Statutes 1972, Chapter 1406), County Counsel explained
this communication. No action taken at this time.
State Department of Conservation, Ray B, Hunter, director, writes regarding
d O D 0 the planned establishment of the California Ecology Corps at the
~- Magalia Conservation Camp, Information,
State Bureau of Health Facilities Licensing and Certification, Report of
O ~,p p inspection and consultation visit made on April 26, 27 and 30, 1973
is filed, Information, No action taken at this time,
State Lands Division, The County is invited to participate in an environmental
program involving certain state owned land, Guidelines for the
classification and identification of environmentally unique lands are
enclosed and reply is needed by July 15, 1973, Discussed, The
Administrative Officer will determine the date of the hearing.
Department of the Army, Corps of Engineers, Sends an invitation for a select
group to attend a briefing on activities of the Corps of Engineers at
Sacramento Friday, May 25 at 2 p,m. Majority Whip Congressman McFall,
Congressmen Moss, Johnson and Leggett and others will be in attendance,
Colonel Donovan request telephone confirmation as to Butte County Board
members who will attend, Chairman McKillop requested that Supervisors
Gilman and Ladd attend these activities, Letter to be answered by Adm, Off,
Congressman Harold T. (Bizz) Johnson, Mr. Johnson advises that Naval Academy
~, ~d,3 S officials have informed him that Kevin Michael Powers has qualified
for an appointment to the Naval Academy, Information only,
Magalia County Water District. Resolution setting tax rate, Referred to the
po•Sq Auditor,
Butte Community College. Invitation to attend the Peace Officers Graduation
dinner to be held on June ist, 1973 at Prospector's Village.
Hobert Sorenson, Chairman, Commission on Senior Affairs. General problem of
property tax versus the senior citizen, Letter read and discussed,
Supervisor Ladd stated he had attended a meeting concerning this matter.
~ d`~ He said he would support a bill regarding this if it were tied in with
the income approach, Matter discussed; no action taken at this time,
To be discussed at the Nine Northern Counties Supervisors Association
meeting,
'~~ pOLynn R. Thomas, tTrging the revocation of the use permir_ for the fraternity
on Santa Clara Ave, Read and discussed; no action taken.
Fred T. Huntington, Pres. RCBS, Inc., Oroville. Requests the same consideration the
~ a Board has given to Louisana Pacific by bringing the "Liability Lane"
[~ d ~' up to a suitable road for acceptance into the County System, Letter
read and discussed. Mr. Castleberry, Supervisor Ladd and Chairman
McKillop will discuss the matter with Mr. Huntington,
Kevin Powers, Informing the Board that he is declining the appointment to the
D Q zJ S Naval Academy,
~ Page 236.
May 22, 1973
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Department of Food and Agriculture, State of California. Advising the Board
0 y~,0~ that the County will receive a reimbursement of $3,400 to be paid to
a- the Agricultural Commissioner for egg inspection activities, Read
and discussed, No action taken,
Paradise Unified School District, The Board of Trustees agreed to pay its fair
/ 6 C,S~ share of costs for the current year for the Stirling City sewer system.
Read and referred to Clay Castleberry, Director of Public Works.
Paradise Women's Improve Club, Letter and petition urging the Board to preserve
the trees of Paradise whenever possible. Read and discussed, It was
felt that maybe a separate tree committee should be appointed for the
Paradise area. See appointment to the Tree Committee.
Paradise Garden Club, Inc, Urging preservation of trees in the County.
Referred to the Tree Committee.
v Dave Vasco, Assessor of Butte County, Absence from the State, See motion
~~/,~ following communications,
73-829 APPROVE RE-APPOTNTMENTS TO REGION C _CALIFORNIA COUNCIL ON CRIMINAL JUSTICE
On motion of Supervisor Ladd, seconded by Supervisor Gilman and
carried, the following were re-appointed to the Region C Regional Criminal Justice
Planning Board, for texms of two years, commencing July 1, 1973:
Sheriff Gillick
District Attorney Leach
73-830 GRANT REQUEST OF COUNTY ASSESSOR TO BE ASSENT FROM STATE FOR PERIOD
EXCEEDING 30 DAYS
On motion of Supervisor Gilman, seconded bySupervisor McKiilop and
carried, Dave Vasco, County Assessor, was granted permission to be absent from
the State in excess of 30 days, pursuant to Government Code Section 1063.
73-831 APPROVE APPOINTMENT TO COUNTY TREE COMMITTEE
On motion of Supervisor Cameron, seconded by Supervisor McKillop and
carried, Mrs. Helen Hilke, Paradise, was appointed to serve on the County
Tree Committee.
73-832 PUBLIC WORKS ITEMS APPROVED
On motion of Supervisor Gilman, seconded by Supervisor Cameron and
carried, the following action was taken:
1. Accepted the work of Butte Creek Rock Co, for the reconstruction
of Hamilton-Nord-Cana Highway from Anita Road to Gana Highway, reconstruction of
Nord Highway from Meridian Road to 0.76 mile east and reconstruction of Dayton-
Durham Highway from Goodspeed-Watt Road to Troxel Road; authorized the Chairman
to sign the Notice of Completion and instructed the Clerk to record said Notice
with the County Recorder.
2, Approved CCO ~~1 Ord Ferry Road FAS Project 1523(4), in the
increasing amount of $6,000 which provides for furnishing and applying water for
dust control caused by public traffic using the roadway, and the Chairman
was authorized to sign.
3. Approved plans and specifications Palmetto Avenue Project
No. 55235F-70-1; authorized Chairman and Director of Public Works to sign plans;
adopted wage scale; and approved bid opening at 11:00 a,m „ Public Works Office, '~
June 14, 1973.
4. Approved agreement for sale, right of way acquisition, Skyway
FAS 757(4), authorized Chairman to sign and Authorized Auditor to issue warrant
Page 237.
May 22, 1973
May 22, 1973
upon demand of County's escrow agent for the following:
J. L, Fritz 0,09 ac $1,845 Tmpr, $446 Total $2,291
73-833 CONCUR WITH STATE ON INTERIM IMPROVEMENTS: HIGHWAY 32 NEAR CHICO AND
AWARDED BID FOR LINCOLN BLVD, BRIDGE PROJECT
Clay Castleberry, Director of Public Works, reported that the State
Division of Highways are proposing some interim improvements on Highway 32.
They propose to widen the present pavement and also to allow for two left turn
lanes. With this improvement, it will be necessary to remove about ten (10)
of the old black walnut trees. Mr. Castleberry felt this would be an improvement
to the road and should be approved. Project discussed.
On motion of Supervisor Gilman, seconded by Supervisor Ladd and
carried, the following action was taken:
1. Concurred with the State Aivision of Highways on their
proposed interim improvements on Highway 32 near Chico.
2. Awarded to the low bidder, J. Bolander, the Lincoln Blvd.
bridge project, in the amount of $43,518.00 and authorized the Chairman to sign.
73-834 PUBLIC WORIGS INFORMATION ITEM
Clay Castleberry, Director of Public Works, stated that he would
bring in a request to do some seismic work on some of the County roads at the
next Board meeting.
STUDENTS FROM THE 8th GRADE CLAS OF BIGGS ELEMENTARY SCHOOL AND INSTRUCTORS
WELCOMED TO THE BOARD MEETING.
73-835 DTSCUSSION- USE PERMIT RE S~.'ATE LICENSED HOMES
Dan Blackstock, County Counsel, explained the proposed ordinance,
This relates to the amendment passed last year concerning family care homes
for the handicapped. Proposed ordinance set out and discussed, Mr, Blackstock
stated that the Planning Commission would have to hold hearings on this
ordinance, Purpose of the ordinance explained and discussed,
Supervisox Cameron commented on this proposed ordinance, He said the
County was not passing this ordinance in an attempt to stop these homes. This
is to put some control on where the homes are to be placed,
Appearing to discuss this proposed ordinance:
1. Mr. Walter F. Zahnd, 415 Castle Drive, Paradise. He stated
he was a Professor at Chico University and a consultant for the program of placing
children in these homes. He has published several articles on this subject.
He said he and his wife had opened a home for 6 girls at a location on
Crestview Drive, Paradise. Some of the neighbors filed a petition against the
home. He requested that the Board not take action that would hamper his operation.
He said he would be willing to help in any way he could to get this use permit
ordinance worded in such a way that it could be operated in a successful and
useful way.
Supervisor Ladd said that before the County set hearings and spent
a lot of money on this proposed ordinance, he would like to see a short synopsis
of what these people have to go through to get their State license. Chairman
McKillop said he felt that if therPaxe t38,use~ permit provision placed in the
g 2
May 22, 1973
May 22, 1973
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ordinance, these will be many oppositions expressed to these permits. It
might act as a hindrance in the placing of these homes in areas where they are
needed. He suggested that this ordinance, as drafted, could be referred to the
Planning Commission for their in-put. Supervisor Ladd felt it would be
helpful if a copy of the applications for these homes could be sent to the
Board members so that if the County has objections to the homes, they could
set out their objections.
County Counsel will firm up his draft of this ordinance, present copies
to the Board members and refer copies to the Planning Commission for their study
and actinn.
73-836 REPORT ON WATER RESOURCES CONTROL DOARD EMERGENCY REGULATIONS AND (2) ON
STOCK POND REGULATIONS AND LITTLE RECREATION LAKES
George Stamm reported on the Water Resources Control Board emergency.
regulations. He said these regulations have no relation to the County. The
regulations are primarily for the State and Region Board. The regulations will
give the State aawre flexibility. No action needed.
Mr. Stamm reported on the stock pond regulations and little recreation
lakes. The requirements would limit to a greater degree the type pond that
could be built. The State Supervisors Association has opposed this proposal.
It is felt that this would be somewhat limiting to the rancher that builds
these stock ponds. The Northern California Supervisors Association has also
opposed this bill. Tehama County has opposed this because of the depth
limitation of 16' deep. June 8th was set as date for the written reports to be
in to the State. Mr. Stamm has indicated to the State that Butte County would
have their report in shortly after June 8th because of the Nine Norther County
Supervisors Association meeting. It was felt that the Board should file a
complaint in opposition to this bill. A letter will be sent to the State Water
Resources Control Board. Mr. Stamm was requested to write the letter of
opposition, over the Chairman's signature.
RECESS: 10:25
RECONVENED: 10:50
73-837 APPROVE ADOPTION OF THE EDP SYSTEMS AND PROGRAMMING STANDARDS MANUAL
3 v Mr. Hindery, Data Processing Director, recommends adoption of the
~,0~ EDP Systems and Programming Standards Manual as requested by CSAC. Supervisor
Ladd asked what the purpose of the manual was and what it does for the County.
It was stated that the manual would standarize the use of EDP systems in the
State, There would be a more uniform type report of information. Mr. Nickelson
explained the standards.
On motion of Supervisor Cameron, seconded by Supervisor Gilman and
carried, the EDP Systems and Programming Standards Manual was adopted, as
requested by CSAC.
73-838 ACCEPT PLANNING COMMTSSION'S REPORT ON DENIAL OF REZONING REQUEST
Jim Lawson, Planning Director, reported on the Planning Commission's
denial of rezoning request for A.T, and Donna Conrad, from "A-R" (agricultural-
residential) to "AR-MH" (agricultural-residential-mobile home) for property
located on the south side of Lower Wyandotte Road approximately 3/~+ mile west of
District Center Drive, identified as AP 36-31-64, Oroville. Report discussed.
Action would be to accept the report and file the report for denial.
On motion of Supervisor Gilman, seconded by Supervisor Ladd and
Page 239.
May 22, 1973
May 22, 1973
carried, the report on Planning Commission's denial of rezoning request for
A, T, and Donna Conrad was accepted as requested by the Planning Commission.
73-839 APPROVE ELEVEN TENTATIVE PARCEL MAPS RECOMMENDED FOR APPROVAL
On motion of Supervisor Gilman, seconded by Supervisor Ladd and
carried, the following eleven tentative parcel maps recommended for approval
were approved, subject to the conditions stipulated on the maps:
1. Robert J. Dial, AP 25-13-6, 7 £~ 8, 4 Iots, on Almond Avenue,
Biggs.
2, Edgar L. McConnell, AP 24-15-14, 2 lots, southeast corner Cowee
and Higgins Avenues, Gridley,
3. Percy A. Rivers, AP 36-54-3, 2 Iots, north side of Mt, Ida Road
at intersection with Oro-Bangor Hwy „ Oroville, Surveyor: Aaron
F. Jones,
4. Glen A, Stanley, AP 46-55-18, 2 lots, on St~.lson Canyon Road,
east of Humboldt Road, Chico.
5, Ken Miller, AP 44-56-21, 25 & 23 (portion), 2 lots, on Burnap Avenue,.
between Eaton Avenue and Cohasset Road, Chico, Surveyor: C, W. Bachman
6. Robert Sharp, AP 34-06-49, 4 lots, on Glen Drive, opposite
Glen Circle Drive, Oroville, Engineer: Kendall Engineering
7, Robert L. Hallstrom, AP 53-04-12, 4 lots, north side at end of
Lovely Lane, Paradise. Surveyor: Gary Lippincott
8. Don Miller, AP 53-17-32, 3 lots, end of Young Avenue, east of
Kibler Road, Paradise, Surveyor: Gary Lippincott
9, Margaret M, Simonson, AP 50-06-40, 2 lots, end of Simonsen Road
and SP RR, Paradise, Surveyor: Gary Lippincott
10. Frank Crooks, AP 25-24-63, 2 lots, on Pacific Heights Road, north
of Hwy, 40-A, Oroville, Surveyor: John W. Hamby
11. Gary L. Marquis, AP 46-55-33, 3 lots, on Stilson Canyon Road and
Little Chico Creek, Chico. Engineer: Walter B. Grimes & Assoc.
73-840 APPROVE TENTATIVE SUBDIVISION MAPS RECOMMENDED FOR APPROVAL
Mr. Lawson explained the tentative subdivision map of Central Park
Condominium, on Maxwell Drive, et end of Central Park and Fairview Drives, Paradise.
He said the entrance way would be from the lower entrance.
He said on the Park Commons subdivision there is an addition to the
conditions, which concerns the 5' set back condition. Condition discussed;
no objection expressed to this condition.
On motion of Supervisor Cameron, seconded by Supervisor Gilman and
carried ,the following tentative subdivision maps recommended for approval
by the Planning Commission were approved, with the conditions as set out by
the Planning Commission, and with the negative environmental reports:
1. Central Park Condominium, 1 lot, on Maxwell Drive, at end
of Central Park and Fairview Brives, Paradise, 0°,aner: Western
National Investment Corp. Engineer: McCain Assoc,
2, Park Commons, 46 lots, northeast corner Lassen and Moresman
Avenues, Chico, Owner; William Retzer-Engineer: Terra Engineers
73-841 APPROVE TENTATIVE PARCEL MAPS WITH STIPULATION
Jim Lawson set out the three tentative parcel maps recommended for
approval and in an area that has previously been and is in the process of being
four by foured and continued from NLay 1S, 1973. Board members have viewed
Page 240, May 22, 1973
May 22, 1973
the sites of these parcels, Maps discussed.
On motion of Supervisor Gilman, seconded by Supervisor Cameron and
carried, the following tentative parcel maps recommended for approval were
approved with the stipulation that there be no further division until such a
time as there is an indication of a method of maintaining the streets:
1. Jim Pyle, AP 41-O1-111, 3 lots, off Oro-Concow Road (Yankee Hill),
near Paradise. Surveyor: John W, Hamby
2, James Dalke, AP 47-30-16, 4 lots, south side at end of Kathy Lane,
off Garner Lane, Ghico. Engineer: Walter B, Grimes & Assoc.
3. Robert Stubblefield, AP 47-29-14, 2 lots, off Garner Lane,
near Hwy. 99E, Chico,
73-842 PUBLIC HEARING SET: LEE H. IKEHORN, REZONE FROM A-R & C-1 to R-1 District,
WITHTN EL SOBRANTE PARK. PARADISE
A public hearing was set for June 26, 1973 at 1:30 p,m, on the
following:
1. Lee H. Ikehorn, et al, rezone from A-R (agricultural-residential)
and C-1 (light commercial) to R-1 (single family residential) district, within
E1 Sobrante Park, Paradise,
73-843 APPROVE RIGHT OF ENTRY FOR CORPS OF ENGINEERS FOR WORK ON RIVER ROAD
Supervisor Gilman explained that the Reclamation Board would like
authorization to use county right of way for construction purposes for
equipment to move in and out of the wash-out area on the Sacramento River.
Situation discussed.
On motion ofSupervisor Gilman, seconded by Supervisor Ladd and
carried, right of entry for the Corps of Engineers fox work on the River Road
was approved.
73-844 APPEARANCE: ROBERT SAMPSON' DRAINAGE IN RAMSEY WAY CHICO
Robert Sampson, 2161 Ramsey Way, Chico appeared before the Board
regarding the drainage problem near his home. Dry well drainage is the only
type of dxainage in the area. He suggested that the Board require that real
estate salesmen inform buyers of any drainage problems, Mr, Sampson pointed out that
Sequoia Estates, which is under construction, east of Ramsey Way has dry wells
with pipes directed towards Ramsey Way, He requested that building be stopped
until it is certain the dry wells will work, and the water will not drain onto
Ramsey Way.
Matter referred to Public Works and Supervisor Gilman for investigation
and a report to the Board.
73-845 STATUS REPORT ON CONTRIBUTION TO MEDI-CAL AND OVER-ADVANCES TO COUNTY
HOSPITAL AND CONSIDERATION OF "LOAN" WHICH MAY BE NECESSARY
Herb Seely, County Auditor, reported on the County contribution to
Medi-Cal and over-advances to County Hospital and consideration of "loan" which
may be necessary. Transfer 8-154 if3 also presented for consideration,
Mr, Atkins, Hospital Administrator, was present and he stated that
the figures were reviewed yesterday. He said the County will need to transfer
money to the hospital on a loan basis to carry them through the month of June.
Mr. Lawrence explained how the matter could be handled. Loan to hospital
discussed,
Page 241,
May 22, 1973
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On motion of Supervisor Ladd, seconded by Supervisor Gilman and
carried, a $55,000 loan was authorized to the hospital to keep them going,
with $25,000 being transferred from the hospital reserve fund and that
$30,000 be transferred from the Medical Care Contingency Service Fund.
73-84b APPROVE LEAVES OF ABSENCE
On motion of Supervisor Gilman, seconded by Supervisor Ladd and
carried, the following leaves of absence were approved:
1. Mrs. Jcyce Rowell-Smith, a non-paid medical Leave of absence
for period of four months beginning June 2, 1973.
2. Daisy O'Brien, an extension of a non-paid medical Leave of absence
to August I, 1973.
73-847 AUTHORIZE FIRST AID TRAINING COURSE
The Personnel Director requests authority to establish a First Aid
Training Course for 24 Public Works employees. Cost of the training is $6
per employee. Request discussed.
On motion of Supervisor Cameron, seconded by Supervisor Gilman
and carried, the training cost to be paid from the Public Works General
Services budget was authorized for the First Aid Training Course.
73-848 AWARD OF BID: ELECTRONTC DISTANCE METER
Two bids were received for the distance meter and the low bid from
Hewlett Packard Corporation in the amount of $6,292.16 fully meets specifications.
Bids discussed.
On motion of Supervisor Gilman, seconded by Supervisor Ladd
and carried, bid for electronic distance meter was awarded to Hewlett Packard Corp-
oration in the amount of $6,292,16.
73-849_DISC_U_SSION:ORDINANCE AMENDING CHAPTER 19, BUTTP COUNTY CODE
Dan Blackstock, County Counsel, present to discuss the proposed
ordinance amending Chapter 19, Butte County Code. Proposed ordinance explained
and discussed. Mr. Blackstock explained the procedure that would be following in
this ordinance. People would have to apply fora variance for the placing of
the mobile home on private property and connecting said home onto the septic
tank system of the original residence. There would be a $25.00 per year fee
for this variance.
Appearing to discuss the proposed ordinance:
1. Mrs. Bertha Smith, Paradise.
2. Mrs. Karen Holmes, Paradise
3. Mr. William Tompkins, Parad~.se
4. Mrs. Charlotte
Supervisor Cameron asked Mr. Toussaint how he would know if the
septic tank would be sufficient to take care of both the residents. He felt
there would be a tremendous cost to check on each application. Mr. Toussaint
said that each application would have to be investigated.
Supervisor Ladd set out his concern for these elderly people and felt
that the mobile homes should be all~egc~.242,
May 22, 1973
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Proposed ordinance discussed. County Counsel was instructed to take
this proposed ordinance and put it in the proper shape to fit this situation.
It was moved by Supervisor Gilman and seconded by Supervisor Ladd
that the proposed ordinance be adopted, including the findings attached and
with the bonding procedure made a part of the removal or abatement procedures.
AYES: Supervisors Gilman and Ladd
NOES: Supervisor Cameron and Chairman McKillop
ABSENT: Supervisor Madigan
Motion discussed. County Counsel was requested to prepare the
finished ordinance for Board discussion this afternoon,
RECESS: 12:30
RECONVENED: 1:30
73-850 PUBLIC HEARING: BUTTE COUNTY PLANNING COMMISSION INITIATED: REZONE FOR
BUTTE COMMUNITY COLLEGE AND SURROUNDING AREA
The continuation of the public hearing on the Butte County Planning
Commission initiated - rezone for Butte Community College and surrounding area
from "A-2" (general) and "S-H" (scenic highway) to "A-160" (agricultural),
"A-3" (agricultural), and "P-Q" (public quasi-public) was held at this time.
Mr, Lawson summarized the actions of the Planning Commission, stating that they
recommend adoption of the proposed zoning ordinances. Proposed zoning areas discussed.
Recommendation of the Planning Commissian discussed. It was stated that the mining
permit requirement could be deleted.
Hearing opened to the public at this time.
Appearing in favor:
1. Bill Earle,~representing Butte Community College, He
stated that the College is satisfied with the recommendation of the Planning
Commission.
2, Mr. McKinsey
Appearing in opposition:
oy I. Mr. Stanley Holt. He said he was speaking in opposition to
~ O~ the requirement of the use permit for the mining operations. He presented
a resolution adopted by the Butte County Mining Council, which states that
they feel that the A-160 zoning is un-Constitutional and is in violation of the
Civil Rights Act. Resolution read and discussed.
2. Mr, Tom Hass, Chico. Also spoke in opposition to the use permit
for mining operations.
3, Mrs. Ethel Platzek, Oroville
4, Mr. Amerson
5. Mr, Bob Alexander
6. C. R. Howard, Oroville
Hearing closed to the public and confined to the Board. Supervisor
Gilman said that it was evident that most of the objections expressed were
concerning the use permit requirement for mining. Zoning discussed.
Supervisor Ladd felt that the use peP g~t2~~quirement for mining and quarrying
May 22, 1973
May 22, 1973
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should be deleted.
73-851 ADOPT ORDINANCE NOS. 1350, 1351 and 1352, REZONING AREA OF BUTTE
COMMUNITY COLLEGE AND SURROUNDING AREA
On motion of Supervisor Cameron, seconded by Supervisor Gilman and
carried, the following ordinances were adopted and the Chairman was authorized
to sign: Ordinance 1350{a), rezoning a portion of the County as an "AR-MH-3" District
Ordinance No. 1350, amending Ordinance No. 1071, consolidating "A-3"
(Agricultural) districts
Ordinance No. 1351, an ordinance zoning a portion of the County of
Butte, State of California a "P-Q" (public-
Quasi-public) District, pursuant to Ordinance
No. 475, as amended
Ordinance No, ].352, an ordinance zoning a portion of the County of Butte
an "A-160" (agricultural-open space) district,
pursuant to Ordinance No. 475, as amended, with
the deletion of Section 2,2 (b), uses subject to
a use permit-mining, quarrying, commercial
excavation and wood processing plants,
73-552 PUBLIC HEARING: BUTTE COMMUNITY COLLEGE-EXTENSION 6F "A-3" {AGRICULTURAL)
~AI'f£RIM ZONING FOR THE FOLLOWING: ALL OF SECTIONS 20. 21. 22, 27. 28. 29, etc.
The public hearing on the Butte Community College extension of "A-3"
(agricultural) interim zoning for the following: all of Sections 20, 21, 22, 27,
28, 29, 32, 33 and 34, T21N, R3E, MDB&M, was held at this time. Planning Director,
Jim Lawson, summarized the actions of the Planning Commission concerning this
matter. The interim zoning would be extended thirty days, beginning May 24th,
1973.
Hearing opened to the public. Appearing in opposition: no one.
Appearing in favor: no one. Hearing closed to the public and confined to the
Board.
73-853 ADOPT ORDINANCE N0, 1353, TO EXTEND AN INTERIM ORDINANCE ZONING A PORTION
OF THE COUNTY AN "A-3" (AGRICULTURAL) DISTRICT
On motion of Supervisor Cameron, seconded by Supervisor Gilman and
carried, Ordinance No. 1353, to extend an interim ordinance zoning a portion
of the County an "A-3" (agricultural) district, was adopted and the Chairman
was authorized to sign,
73-854 PUBLIC HEARING: INTENTION TO ABANDON PORTION OF PUBLIC HIGHWAY:
ADOPT RESOLUTION N0. 73-83 APPROVING ABANDONMENT
/ This public hearing to abandon a portion of public highway, all of Lot B
of Hatch and Rock Orchard Tract ~~4, Biggs, was held as advertised. Jim Lawson des-
cribed the area on the map. The EIR was negative. Abandonment discussed.
Hearing opened to the public, Appearing in favor: no one.
Appearing in opposition: no one, Hearing closed to the public and confined
to the Board,
On motion of Supervisor Ladd, seconded by Supervisor Gilman and
carried, Resolution No.73-83 of abandonment of a public highway was adopted
and the Chairman was authorized to sign, This abandonment includes that
portion of road not included in County maintained systems.
Page 244.
May 22, 1973
May 22, 1973
73-855 PUBLIC HEARING: RUDOLPH POLLINI AND RAYMOND E, SGHMIDT, REZONE FROM
"S-1" (MINIMUM DENSITY SUBURBAN RESIDENTIAL) AND "M-2" (HEAVY COMMERCIAL) to C-1.
DISTRICT, OROVILLE
The public hearing on the Rudolph A, Pollini and Raymond E. Schmidt rezone
from "S-1" (minimum density suburban residential) and "M-2" (heavy conanercial)
district for approximately one-half mile north of the Welsh Road and Palermo
Road intersection, identified as AP 25-24-53, containing approximately
58 acres, Oroville, was held as advertised. Jim Lawson, Planning Director,
summarized action of the planning commission. The Environmental Impact Report
was negative. This was to rezone the area to a C-1 (light commercial) area.
Hearing opened to the public. Appearing in favor:
1. Rudolph Pollini, Oroville. Mr. Pollini stated that the
reason for rezoning is to establish and organize a Campground of America.
COA is the largest franchised chain of campgrounds in America and is for
the family-type camping. He felt this is a prime recreation area.
2, George Chames, Oroville. Mr. Chames, a real estate salesman,
represented Mr. Pollini and Mr, Schmidt in the matter..
Appearing in opposition: no one, Hearing closed to the public
and confined to theBoard.
73-856 ADOPT ORDINANCE N0, 1354, AMENDING BUTTE COUNTY ORDINANCE 995, CONSOLIDATING
"C-1" (LIGHT COMMERCIAL) DISTRICTS
0n motion of Supervisor Ladd, seconded by Supervisor Gilman and
carried, Ordinance No. 1354, an ordinance amending Butte County Ordinance 995,
consolidating "C-1" (light commercial) districts, (for the above described area)
was adopted and the Chairman was authorized to sign.
73-857 PUBLIC HEARING: LOUIS C. NOFREY, REZONE FROM "AR-MH" DISTRICT TO "C-1" FOR
PROPERTX WEST OF LINCOLN BLVD EAST OF CUSTER LANE SOUTH OF KUSEL RD OROVILLE
The public hearing on the Louis C, Nofrey - rezone from "AR-MH" (agricul-
tural residential mobile home) district to "C-1" (light commercial) district for
property located west of Lincoln Blvd., east of Custer Lane, south of Kuse1 Road,
Oroville, was held as continued from April 24, 1973. The Environmental Impact
Report appeal period ended May 21, 1973 [with no appeals filed. Mr. Lawson
explained the background of this rezoning request. Planning Commission recommended
that rezoning be granted. The hearing had been closed to the public at the
hearing held on April 24th, 1973 and was confined to the Board for action.
73-858 ADOPT ORDINANCE NO. 1355, AMENDING BUTTE COUNTY ORDINANCE 995, CONSOLIDATING
"C-1" _(LiGHT COMMEItCIA~ DISTRICTS
On motion of Supervisor Ladd, seconded by Supervisor Gilman and
carried, Ordinance No. 1355, amending Butte County Ordinance 995, consolidating
"C-1" (light commercial) districts, to include the above described property,
was adopted and the Chairman was authorized to sign.
73-859 PUBLIC HEARING: BUTTE COUNTY PLANNING COMMISSION - PROPOSED REZONE FROM
"PA-C" (PLANNED AREA-CLUSTER) TO "A-S R" (AGRICULTURAL-SUBURBAN RESIDENTIAL)
DISTRICT FOR PROPERTY LOCATED SOUTH OF SACRAMENTO AVENUE, WEST OF OAK LAWN
AVENUE. ETC.. CHICO
The public hearing on the Butte County Planning Commission initiated
proposed rezone from "PA-C" (planned area-cluster) to "A-S R" (agricultural-suburban
residential) district for property iocated south of Sacramento Avenue, west of
Oak Lawn Avenue and North of Bidwell Avenue, containing 15.5 acres, identified as
AP 43-26-03 and AP 43-29-72, Chiro was held at this time. Environmental Impact
Page 245. May 22, 1973
May 22, 1973
Report period ended May 2, 1973, with no appeals filed, Mr. Lawson reported that
the Planning Commission recommended approval of this, with a 5 to 4 vote,
Hearing opened to the public.
Appearing in favor:
1. Bob Britton, Rt, 2, Box 192, Chico.
2. John Stutz, River Road, Chico.
Appearing in opposition:
1. Mrs. Turner. Mrs. Turner, owner of the property in question,
felt the property should be used for development in the future because it is
only 3 miles from the college.
Hearing closed to the public and confined to the Board,
73-860 ADOPT ORDINANCE N0, 1356, AN ORDINANCE ZONING A. PORTION OF THE COUNTY AS AN
"A-R-MH-3 (AGRICULTURAL_RESIDENTIAL-MOBILE HOME) DISTRICT, AND ESTABLISHING REGULATIONS
FOR THE USE OF THE LAND AND CONSTRUCTION OF BUILDINGS
On motion of Supervisor Gilman, seconded by Supervisor Cameron and
carried, Ordinance No, 1356, an ordinance zoning s portion of the County as an
"A-R-MH-3 (agricultural-residential-mobile home) district and establishing
regulations for the use of the land and construction of buildings, for property
located south of Sacramento Ave., west of Oak Lawn Avenue and north of Bidwell
Ave „ containing 15.5 acres, identified as AP 43-26-03 and AP 43-29-72, Chico, was
adopted and Chairman authorized to sign.
Supervisor Ladd stated that he voted "Aye" on this ordinance, with an
apology to the property owner. He felt this was not proper zoning for this area.
73-861 DELIVERY CART DECLARED SURPLUS PURCHASING AGENT AUTHORIZED TO DISPOSE OF SAME
On motion of Supervisor Gilman, seconded by Supervisor Cameron and
carried, one gray delivery cart-wooden, inventory ~~07196, located in Central
Services, was authorized to be declared surplus property and the Purchasing
Agent was authorized to dispose of said cart.
;`73-862 ADOPT RESOLUTION NO 73-84 APPROVING PREDATORY ANIMAL CONTROL FIE~::J AGREEMENT
Tie Agricultural Commissioner requested Board approval to the annual
agreement between United State Department of the Interior to California State
Department of Agriculture and the County for predatory animal control services.
The agreement provides a salary, travel and overhead for one trapper for the
73-74 fiscal year, with total expenditure of $10,034. Agreement approved by
the Auditor and Counsel.
On motion of Supervisor Gilman, seconded by Supervisor Cameron and
carried, Resolution No. 73-84, approving Predatory animal control field
agreement was adopted and the Chairman was authorized to sign.
73-863 PUBLIC WORKS & PURCHASING AUTHORIZED TO RETAIN CONTRACTOR FOR JUVENILE
HALL CLASSROOM MODIFICATIONS
The Juvenile Hall school is scheduled to start operations on July 1,
1973. Survey has determined that minor modifications to the facility for the
school quarters which need to be made will cost approximately $2,500, There
are funds available in the building construction budget to cover this amount,
Clif Mickelson set out the actual modifications,
Page 246,
May 22, 1973
- -__-----~ _-_May22^ 1973--------------
Supervisor Ladd questioned whether the proposed rooms will meet
Juvenile Hall and classroom standards. Clay Castleberry, Public Works Director,
stated that these modifications are recorrmiended by the Superintendent of Schools.
Modification for classrooms discussed.
On motion of Supervisor Gilman, seconded by Supervisor Cameron and
carried, Public Works and Purchasing were authorized to retain a contractor for
completion of necessary modifications for classrooms at Juvenile Hall, to be
funded from available funds in the building construction budget.
73-864 APPROVED AGREEMENTS FOR DOCTORS FOR REHABILITATION CENTER
04 Mr. Atkin had agreements with two doctors for services necessary for
D~, certification of the rehabilitation center at the Hospital prepared and
~j requested Board approval. Dr, Janus, under the contract, will serve as director
of the Butte County Rehabilitation Center and Dr, Lambert will provide speech
and language diagnostic and therapy services. Agreement approved by Auditor and
Counsel.
On motion of Supervisor Gilman, seconded by Supervisor Cameron and
carried, agreements with Dx. Janus and Dr. Lambert for the rehabilitation center
were approved and the Chairman authorized to sign.
73-865 TELEVENTS GRANTED THIRTY DAY EXTENSION TO OBTAIN FCC CERTIFICATE OF COMPLIANCE
An additional extension of time was requested for Televents of
California, Inc. to obtain FCC certificate of compliance. The Board previously
granted a 30 day extension from April 10 to May 10, and this extension would be
from May 10 to June Z0, Televents' application was filed on time but they are
still awaiting FCC action. Clif Nickelson explained the request.
On motion of Supervisor Cameron, seconded by Supervisor Ladd and
carried, Televents of California, Inc. was granted an additional extension of 30
days to obtain FCC certificate of compliance.
73-866 BUDGET TRANSFERS
Clif Nickelson summarized budget transfers, Supervisor Ladd
questioned transfer 5-146, which was put over from May 15th, and felt the amount
transferred to the building and subdivision budget was quite excessive for only
a month's time. Clay Castleberry, Public Works Director, stated the money would
pay for building and subdivision inspection. He would verify whether the
money would be for more than a one month period,
Matter continued to later in the meeting when Mr. Castleberry will
report on B-146,
L' 73-867 ADOPT RESOLUTION 73-85, INTENTION TO ESTABLISH COUNTY SERVICE AREA N0. 49;
HEARING SET FOR JUNE 26. 1973
County Counsel explained the proposed resolution of intention to
establish County Service Area No. 49 in Paradise. Formation discussed,
On motion of Supervisor Gilman, seconded by Supervisor Cameron, and
carried, Resolution No. 73-85 of intention to establish County Service Area No.49
was adopted, June 26, 1973 at 1:30 p,m. set for time of hearing, and the
Chairman was authorized to sign.
73-868 ADOPT ORDINANCE 1357 AMENDING CHAPTER 1_9 OF THE BUTTE COUNTY CODE
County Counsel set out the proposed ordinance amending Chapter 19 of
the County Code, The Board could adopt the ordinance with the urgency provision,
Page 247,
May 22, 1973
_ _ _ _ _ _ _ _ _ - _ _ M a ~+ 2 2 = i 9 7 3 - - - - - - - - - -
which would require four votes to pass, or it could bz adopted as a regular
ordinance, which would take three votes to adopt the ordinance,
RECESS: 3:00 p.m,
RECONVEN$D: 3:05
Supervisor Cameron requested that County Counsel read portions
of the proposed ordinance. Supervisor Cameron stated he did not object to the
language of the ordinance as prepared,
On motion of Supervisor Gilman, seconded by Supervisor Ladd and
carried, Ordinance No. 1357 amending Chapter 19 of the Butte County Code
was adopted, as outlined in the document before the Board, and the Chairman
was authorized to sign. Said ordinance was not adopted as an emergency
ordinance,
AXES: Supervisors Cameron, Gilman and Ladd
NOES; Chairman McKillop
ABSENT: Supervisor Madigan
73-869 BUDGET TRANSFERS APPROVED
Mr. Castleberry reported on his talk with the Auditor concerning
Transfer B-146, He stated that the $19,000 does cover both engineering time
and equipment for the full year, Transfer discussed,
On motion of Supervisor Ladd, seconded by Supervisor Gilman and
carried, the following budget transfers were approved:
B-146 Building and Subdivision - Sets up $300 in communications, $500
for professional and special services, $750 in office
expense and $19,000 in infra services received
B-147 Hospital - $10,500 from salaries and wages regular with
$10,000 going to overtime and $500 to publications and
legal notices
B-149 Chico Marshal - $139 from txansportation and travel with $39 going
to equipment maintenance and $100 to office expense
B-150 County Buildings - $104 from the reserve to county buildings - Lincoln
Street parking lot job
B-151 Public Works General Administration - $500 from office expense and
$200 from extra help with a total of $700 going to rents
and leases of equipment
B-152 Air Pollution Control District - Sets up appropriation as follows:
Office expense $200, transportation and travel-other
$200, professional and specialized services $1,500,
publications and legal notices $50 and equipment $11,780,
B-153 Library - $100 fxom equipment, $50 from legal notices and $400
from structures and improvements for total of $550 going
to transportation and travel
8-154 Auditor-Controller - $124,348 from Medical Care Services-
Contributions to Medi-Cal budget to the Medical Care
Services - Reserve for Contingencies
B-155 Civil Disaster & Water Resources - $2,070,09 from salaries and wages
regular to extra help
B-156 County Library - $280 from salaries and wages regular to overtime
B-157 Paradise Constable - $50 from communications to office expense
73-870 APPOINTMENT TO ASSESSMENT APPEALS BOARD• PUT OVER TO NEXT MEETING
Chairman McKillop requested that the appointment to the Assessment
Appeals Board be put over to the nexdt Board meeting, The Administrative Officer
was requested to list this item forPagB 248 ion.
May 22, 1973.
-~-______ =--==May 221 1973= = =___~-________
73-871 SUPERINTENDENT OF SCHOOLS - FISCAL TNDEPENDENCE-PUT OVER TO NEXT MEETING
C1if Mickelson, Administrative Officer, stated that Mr. Evans had
requested that this matter be put over ane week. To be placed on next agenda.
73-872 REPORT AND DISCUSSION OF AIR POLLUTION CONTROL OPERATIONS: PUT OVER
The report and discussion of air pollution control operations put
over to next meeting.
73-873 APPROVE REQUEST FOR VARIANCE FOR ACCESS ON BURNAP, CHTCO
Supervisor Gilman stated that he would like the Board to reconsider
their action on the request for a variance for access on Burnap, south of
Lassen, Chico. The property is owned by Mrs. Criss. He feels the Board
should reconsider their denial of this variance. Variance discussed.
On motion of Supervisor Gilman, seconded by Supervisor Ladd and
carried, the variance for access for property on Burnap, Chico, owned by
Mrs. Criss was approved.
73-874 CANCEL BOARD MEETING OF MAY 29th
On motion of Supervisor Gilman, seconded by Supervisor Ladd and
carried, the regular Board meeting of May 29th, 1973 was cancelled at this
time.
73-875 APPOINT DR CL'Y'DE P HOWARD TO STAFF OF COUNTY HOSPITAL
On motion of Supervisor Gilman, seconded by Supervisor Ladd and
carried, Dr. Clyde P. Howard was appointed to the Medical staff of the
County Hospital.
73-876 REPORT ON AGREEMENT WTTH CITY OF CHiCO FOR HIRING OF PLANNING CONSULTANT
Dan Blackstock, County Counsel, reported that he had re-worked the agreement
with City of Chico for the hiring of a planning consultant. He will mail copies
of the agreement to the Board members, He feels that this reworded agreement
more adequately expresses the Board's feeling in this matter. Fred Davis, City
Manager of Chico, will study the proposed agreement and will report to
Mr. Blackstock on his feelings concerning the agreement.
RECESS: The Board recessed at 3:25 for an executive session.
RECONVENED: The Board reconvened at 4:28 following an executive session.
73-877 MATTERS PRESENTED FOR D1SCUSSION
Chairman McKillop questioned County Counsel concerning the public
hearing to be held in Paradise on Tuesday, May 29th, 1973 at 8:00 p.m. County
CounSe~stated that it was a legal public hearing and that the whole Board should
be present. A decision in the matter could be put over to Tuesday, .Tune 5th.
Clif Mickelson, Administrative Officer, reported on the purchase
of an Econoline Van for use by the Air Pollution Control Officer, He said
there is one available at Pahl-Goodhue Motors, Oroville, Purchase discussed,
Supervisor Gilman felt the Board should wait on this purchase. Discussed;
no action taken at this time.
RECESS: The Board recessed at 4:32 to reconvene on Tuesday, May 29, 1973
at 8:00 p.m, at the Paradise Memorial Hall, Paradise,
Page 249.
May 22, 1973