HomeMy WebLinkAboutM061775
June I7, 1975
STATfi OF CALIFORNIA )
SS .
COUI~'TY OF BUTTE )
The Board of Supervisors met at 9:00 a.m. pursuant to adjournment.
Present: Supervisors Cameron, Madigan, McKillop, Richter and Chairman Ladd.
Clif Nickelson, Administrative Officer, Dan Blackstack, Covnty Counsel, by
Jim Griffith deputy counsel, and Clark A. Nelson, County Clerk, by Margie
Cott, Board of Supervisors Clerk.
Pledge of allegiance to the Flag of the United States of America
75-101fi APPRWAL OP MINDTES
On motion of Supervisor Cameron, seconded by Supervisor MclSillop
and unanimously carried, the minutes of June 10, 1975 were approved es
mailed.
75-1017 COMMUNICATIONS
Mrs. Delores Dickens, Paradise. Mrs. Dickens writes regarding various
e~/ O a, d V Public Works projects. Discussed; no action taken.
DeVere Pace, Chico. Mr. Pace writes regarding the recent action taken by the
~ Q ~ ~ Plumes County Board of Supervisors is connection with the welfare
• funding problem, Superrrisor Cameron explained the action takes by
9 Northern Co. Supervisors Association. Discussed; no action taken.
Graves & Geddis, Inc., Oroville. Appeal is filed to Planning Commission
/ f3.d a requirement for an E.I. R, on Richard Olean lead division, AP 62-07-377.
Set £or hearing on July 8, 1975 aC 2:00 p.m,
John W. Hamby, Paradise. Appeal is filed to the Planning Commission determination
that the land division for Mr. Elbert F, Harts, AP 58-21-57 would
/~3,a ~ have significant effect on the environment. Set for hearing an
July 8, 1475 at 2:00 p.m,
Petition for formation of county service area. A petition is filed signed by
„73 Q, ~ approximately 46 residents of the Herman Lane area in Paradise,
supporting formation of proposed County Service Area No. 54 for
street lighting. See discussion following cocanunicatlons.
DeSabla Communities Volunteer Firemen, Inc. The group sends notice that at
their regular meeting on June 9th they voted in favor of a local
~ 3 O referendum on the November ballot regarding the fire service area.
See discussion following communications.
McCain Associates, Chico. Request is filed for time on the agenda re parcel
~ map for St. Claire Construction Company regardfng one of the conditions
/ ~ ~ O S which should have been appealed. The client was out of town and the
appeal period had expired. Discussed; placed on the agenda for Tuesday,
June 24, 1975 at 11:00 a.m,
Health Manpower Council-Northeastern CaL3fornia. The Councll forwards copy
of its report entitled "Employing the Physician's Assistant or Nurse
3 / #j,Q ~ Practitioner" in connection with the availability of prenatal care
in Butte County. Information only.
Butte County Bicentennial Committee, Jake Walgenbach, chairman, requests
Board 8pproval Bad the Chairman's signature on the form which
O ~ would secure approval to have Butte County recognized as a bicentennial
r n S • county. See motion following communications.
Page 422.
June 17, 1975
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a a v m ~ a .e e r a s^~ a s ,a`t~~ ~7! ~9fr'a a v~ n s m e v v a q„ is m
Local Agency Formation Commission, Commission forwards notice of public
b 0.~~ hearing on application for annexation to County Service Area No. 4 (storm
drainage and street lighting}, Discussed; information only.
Department of Water Resources. The Department forwards Water Service
~ CJ Contractors Council memo no. 970 regarding transfers of entitlements
~-/~ l ~• by water contractors and enclose a questionnaire regarding our
surplus entitlement. Discussed; It was stated that there has been
a moritorim placed on the selling of water outside county, No nation.
Department of Water Resources. The Department sends communications to the
~ ~ Lime Saddle Community Services District regarding the hearing on
~ ~~ June 5th at which the Districts application for Davis-Grunaky
funding wen considered. Informar on only.
e Jack Rippep. Resignation as member of Board of Trustees of Oroville Cemetery
4 ±~$ District. See motion following communications.
Ken Leone, administrative aide for Supervisorial District No. 2. He
~ ~ 3~p V reports on his study of the use permit for Dr, Deere; recommends
matter be put over at present time.
Dr, Deere. He sets out his views concerning the hearing on his request
r ~ ~, 0 ~ for use permit. Put over until hearing this afternoon.
Lois Pantel, Vice Pres. Butte County Humane Society, She sets out the
need for as effective animal control program. Read and discussed.
It had been suggested at one time that the County contract with the
Q d,~' a Humane Society for operation of the whole program. It was suggested
oZ that Mike Pyeatt talk with these people and see if they are
interested in coming up with a complete program for this operation.
Matter to be brought up at the meeting on Wednesday, June 18, 1975,
of BCAG,
75-1018 DISCUSSION: FORMATION OF COUNTY SERVICE AREA FOR STREET LIGHTING IN THE
HERMAN LANE AREA. PARADISE
Clif Nickelson, Administrative Officer, explained soma of the
problems involved in the proposed formation of a county service area for
street lighting in the Herman Lane area, Paradise. Aetion needs to be
taken oa this matter. Two Supervisors .could either sign an affidavit requesting
the formation or the Board ..aauld adopt a resolution and then refer the matter
to LAFCO.
Mr. Nickelson stated Ghat there are several serious problems in this
area. The roads in this subdivision are private toads. There are four
street lights there at present that are being paid fox by,property owners.
The residents are now proposing that they put in additional lights and
that a service area be formed. Mr, Nickelson stated that there have been
real questions concerning this matter.
Supervisozs McKillop and Cameron•will•~eiga.the aecegsary petition
for the formation of county service area far street lighting in the Herman
Lane area, Paradise,
75-1019 DISCUSSION: DE SABLA COMMUNITIES VOLUNTEER FIREMEN, INC. DISTRICT
:& FORMATION OF A BRUSH CREEK-BALD ROCK FIRE DISTRICT
Letter from group in favor of a local referendum on the November
hallot regarding the DeSabla Communities Volunteer Firemen service area
discussed. County Counsel will follow through on the DeSabla request.
Supervisor McKillop stated that the Pioneer School District also
requests to be on the November ballot for the formation of a fire district
within their area. This would be in the Brush Creek-Bald Rock area.
County Counsel will prepare a petition today for the Pioneer School District
request.
75-1020 CHAIRMAN TO SIGN APPROVAL FOR COUNTY TO BE RECOGNIZED AS BICENTENNIAL COUNTY
On motion of Supervisor McKillop, seconded by Supervisor Cameros and
unanimously carried, the Chairman was authorized to sign form which would secure
approval to have Butte County recognized as a bicentennial county.
75-1021 RESIGNATION OF OROVILLE CEMETERY DISTRICT BOARD MEMBER ACCEPTED
On motion of Supervisor NcKiiiop, seconded by Supervisor Cameron and
unanimously carried, the resignation of John Rippey as a member of the Board of
Trustees of the Oroville Cemetery District was accepted, with request that a
letter of appreciation for his services be written to him.
Page 423. June 17, 1975
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75-102 t ADOPT R.ESOLDTION 75-91: AMENDMENT TO RESOLUTION ESTABLISHING MANPOWER
PLANNING COUNCIL
A resolution has been prepared to reorganize membership of the
Manpower Planning Council to provide by appointment of three elected
officials representing education, city government and caurity gmternment.
Resolution discussed.
On motion of Supervisor McKiilop, seconded by Supervisor Cameron
and unsnimously carried, Resolution 7591 amending resolution establishing
Manpower Planning Council was adopted and the Chairman was authorized to
sign.
75-1023'iIANE FIRST READING OF SALARY ORDINANCE AMENDMENT
Oa motion of Supervisor Cameron, seconded bq Supervisor McKillop
and unanimously carried, the first reading of the salary ordiaeaee amendment
to establish four positions previously authorized for the Child Health and
Disability Prevention Program was waived.
75-1024 BLACK WALNUT TREES IN CHICO AREA DECLARED SURPLUS PROPERTY
On motion of Supervisnr Madigan, seconded by Supervisor Cameron
and unanimously carried, i3 black walnut trees in the Chico area were
declared surplus property and the Purchasing Officer was authorized to
dispose of the trees.
75-1025 AUTHORIZE ACCEPTANCE OF DONATION TO BUTTE COUNTY LIBRARY
On motion of Supervisor Cameron, seconded by Supervisor MpKillop
and unanimously parried, acceptance of donation of the Ladies Auxiliary to
the Oroville Aerie 196 Fraternal Order o£ Eagles to the County Library in
the amount of $1D0 to be used for library materiels for senior citizens
was authorized.
75-1026 APPROVE GOLDEN FEATHER FAIR TRANSFER
Oa motion of Supervisor McKillop, seconded by Supervisor Madigan and
unanimously carried, Golden Feather Fair Transfer Number 75-1 setting up
57,500 additional in acts, entertainments and shows account to come from
resources available was approved and the Chairman authorized to sign.
75-1029 'APPROVE APPLICATION FOR DANCE PERMLT BY PARADISE RECREATION DISTRICT
On motion of Supervisor Cameron, seconded by Supervisor McRillop
and unanimously carried, the application for a dance at the Wentz Shopping Center,
Paradise on July 31, 1975 for the Paradise Recreation District Youth Activity
Group was approved, with the fee waived.
75-1028 APPROVE TRAVEL VEST
On motion ofSupervisor Cameron, seconded by Supervisor McKillop
and unanimously carried, the travel requests for Lorna Thompson and Mark
Duckett for attendance at the Northern California CCS Therapy Program
Seminar held in March was approved.
75-1029 BUDGET TRANSFERS APPROVED
On motion of Supervisor McKillop, seconded by Supervisor Cameron and
unanimously carried, the following budget transfers were approved:
8-~37 Administration. $350 is transferred from the reserve to communications.
Communications charges have been higher than the budget estimate.
5-338 Assessor. $625 is transferred from office expense to special _
departmental expense within thelAssessor's budget. More appraisals were completed
this year than anticipated vhtch required more film and film developing than
vas anticipated. '
Page 424.
June I7, 1975
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.e s s s m s wr v s +~ e s r s s s`7~}~i •la ~gfWa a t s s r o o a s e c s a r s
B-~39 Central Services. This transfers $121.04 from aalaries~and w~ es
regular to extra help within the Central Services budget, The extra help was
needed because of a higher level of illness relief to cover the Chico switchboard.
than was anticipated.in the budget. ,
B-340 Central S,._ ces. This transfers $20 from salaries and wages regular
to rents and leases - equipment within the Central Services budget. The rental
period for the Print Shop platemaker was one month Longer than anticipated at
budget time.
8-341 Chico Municipal Court. This transfers $250 f_om the reserve to jury
and witness expense and is because of inczease in jury trials over number '•
anticipated in the budget.
B-342 Supplemental Manpower Program CETA Title II (County only), This reduces
unanticipated revenue federal aid - other - CETA TI by $2,812 with a corresponding
• decrease in the sais_ry and salary overhead accounts in the CETA Title II Bounty
• program budget. Purpose~is to record the decrease in the county's share of
appropriation of federally funded CETA II program which was redistributed to
subagents as requested by Manpower Director's memo.
75-1030 DISCUSSED: AUTHORIZATION FOR PREPARATION OF FUND TRANSFERS
Clay Castleberry, Director of Public Works, Explained the request
for the Auditor to be authorized to make needed transfers from road reserve to
cover those inflation, fuel, asphalt, snowplowing, premium overtime
operational costs previously discussed. He stated the Auditor would present
these transfers to the Board at a later date.
75-1031 WAIVE SECOND READING OF ORDINANCE: ADOPT ORDINANCE 1587, ESTABLISHING SPEED
LIMIT ON 6th STREET NORTR OF NELSON AVENUE
Oa motion of Supervisor Richter, aecnnded by Supervisor McKillop
and unanimously carried, the second reading of the ordinance establishing
speed limit on 6th SCreet north of Nelson Avenue was waived, Ordinance 1587
was adopted and the Chairman was authorised to sign.
75-1632 APPROVE AGREEMENTS OF SALE. RIGHT OF WAY ACQUISITION
On motion of Supervisor McKillop, seconded by Supervisor Cameron
and unanimously carried, the following agreements far sale for right of way
acquisition were approved, Chairman was authorized to sign and Auditor was
authorized to issue warrants upon demand of County~a escrow agent:
Project 44605A-71-1 Alan S, Weiss, et ux 0.102 ac. $200 No impr. $200
Finland Drive Assess- Armand N. Laux & Irene $100 " $200
ment District H. Lasut
J5-1033 APPROVE PLANS & SPECS FOR LIME TREATMENT OF VARIOUS COUNTY ROADS
on motion of Supervisor McKillop, seconded by Supervisor Madigan and
unanimously carried, plans and specifications for lime treatment of various
county roads - projecC LT 75-1 (Nord Highway, Nelson-West Road, Nelson-Blavo,
Nelson-Shippee, Goodspeed-Watt and Fruitvale); wage scale was adopted, with bid
opening July I0, 1975.
75-1034 PUBLIC WORKS DIRECTOR ADTtIOR.IZED TO 5IGN TBI~ORARY ROAD LICENSE FOR USE OF
DIAMOND NATIONAL ROAD TO BUTTS MEADOWS MINI TRANSFER STATION
On motion of Supervisor Madigan, seconded by Supervisor Cameron
and unanimously carried, Public Works Director was authorized to sign the
temporary road license for use of Diamond National Road to Butte Meadows
Mini Transfer Station.
Page 425.
3une 17, 1975
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75-1035 ADOPT RE5OLUTION 75-92 REQUESTING CALTRANS xO CONVE'Y R/W NEEDED FOR
EDA ROAD PROJECT E/S SR 7! BETWEEN BAGGETT-MARYSVILLE ROAD ~ GEC:tGLA-PACIPIC WAY
On motion of Supervisor Cameron, seconded by Supervisor Richter and
unanimously carried, Resolution 75-92 requesting Caltrans to convey right of
way needed far EDA Road Project, east side SR 70 between Baggett-Marysville
Road and Georgic-Pacific Way was adopted and the Chairman was authorized to
sign.
75-1036 AUTHORIZE PAYMENT FOR FIRST PLANS OP LAND5_CAPING, BUTTE COUNTY LI$RARX
Mr. Castleberry set out the landscaping plan preview for the Butte
County Library, He does not have an estimate of coats at this time.
Mr, Castleberry feels that these are good plans and he is requesting that
he be authorized to make the payment far the preliminary pleas. Plans
discussed,
On motion of Supervisor McKillop, seconded by Supervisor Cameron
and unanimously parried, first payment on the plans for landscaping at the
Butte County Library was authorized.
75-1037 BUILDING CODE INFORMATION
Mr. Castleberry reported on the Building Code information. Ha
stated that is the past they have been rather strict for temporary electricity
hook-ups. They are pow going to take a more liberal approach in this matter.
Discussed; na action takes,
75-1038 APPROVE PROCEEDING WITH DAN COOK FOR THE DESIGN OF F.R.O.C. BUILDING
Mr. Castleberry reported on the F.R.O.C. building design. He has
a preliminary plan for the building from Cook & Associates. Mr. Cook has
stated he would prepare the plans on an architect fee for 1~~. Plans
discussed,
On motion of Supervisor McRillop, seconded by Supervisor Madigan
and unanimously carried, Director of Public Works was authorized to proceed
with Mr, Cook for the design of the F,R.O,C, building, not to exceed 1~7.
for fees.
75-1039 RESOLUTION IN OPPOSITION TO THE PROVISIONS OF PUBLIC LAW 93-567 WBICH
GRANTS UNEMPLOYMENT BENEFITS TO SCHOOL TEACHERS FOR THEIR SUIHMEER VACATION
No action taken on resolution in ogposition to the provisions of
Public Law 93-567 which grants unemployment benefits to school teachers for
their summer vacation as the bill has been repealed.
75-1040 ADOPT RESOLUTION 75-93 URGING C8?aNGES iN MEDICAL PROGRAM: ADOPT
RESOLUTIONS 75-94 (a) & 94 (b) REQUESTING 1+B~DIFICATION OF MEDICAL PROGRAM
AS IT RELATES TO OBSTETRICS
County Counsel presented proposed resolutions urging changes in medical
program. Action of the Governor discussed. Proposed resolutions discussed.
On motion of Supervisor Cameron, seconded by Supervisor Richter
and unanimously carried, Resolution 75-93 urging changes is Medi-Cal program,
and Resolutions 75-94 (e) and 94 (b) requesting modification or Medi-Cal
program as it relates:, a obstetrics were adopted and the Chairman was
authorized to sign.
75-1041 DISCUSSION: WEED ABATEMENT
Weed abatement discussed. Supervisor Cameron stated he would like
this put over again. There are problems in several areas concerning the
burning of Che pine needles and the leaves. Commercial property owners are
now allowed to burn. Matter placed back on the agenda for July $, 1975
for further discussion.
Page 426.
June 17, 175
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i i i i i a L i i o i i c i i .A[ .Fu~Seiil®~a1C" O i C i i! i@ 0 i i C i C C
RECESS: lo:lo
RECONVENED: 10:30
75-1042 PUBLIC HBARING: REZONE FROM INTERIM A-20 (AGRICULTUI2A.T.) AND A-3 (AGRICULTURAL)
TO A-20 (AGRICULTURAL) FOR PROPE&TY Li}CATED SOUTH OF CHICD,NORTH OF NEISON, WEST OF
DURHAM AND WEST OF GOODSPEED WATT RD, AND DAYTON RD,s ADOPT ORDINANCE 1589 & 1590
The public hearing on rezone from interim A-20 (agricultural} and A-3 ~~
(agricultural) to A-20 (agricultural) for property located south of Chico,
north of Nalsoa, west of Durham and west of Goodspeed Watt Rd. and Dayton Rd.,
containing 22 sq. mi. + and from interim A-2D (agricultural}, A-3 (agricultural)
H-C (highway commercial) and C-2 (general commercial) to A-40 (agricultural)
for property located south of DurhaAc, west of State Hwy. 99, north of
Hamilton Rd. and asst of Goodspeed Watt Rd. and the Butte County boundary
containing 107 sq. mile + was held as advertised. Interim expires June 21,
1975. Jim Lawaoa, Planning Director, net out the background of the zoning.
Entire area to be zoned set out by Mr. Lawson.
Hearing opened to the public.
Appesring:
1. Mr. Earl Decker, Durham-Dayton Rnad. He stated Chat people
seemed to be contented with the agricultural zoning that they now have.
He feels that the Board has been doing a good job looking out for their
interest is zoning.
2. Mr. Dean Griasum, Dayton Road & Aagea Lane. He is against
the rezoning. There has been no problems with the present zoning. He
feels that the zoning would cause haidahlp on the property owners.
3. Art Gilman, 79 Ord Ferry Road. He stated he has an interest in
the County and the general well being of the agricultural land no matter where
it is located. This is prime agricultural land. This is a commodity they
are not making any more. He requested that the Board give coasideratioa to
this rezoning and he hoped they would approve the zoning for this area as
requested.
4. Mr. Dale Nalsoa, Stanford Lane, Durham. He apposed the
rezoning.
5. Mr. H. C. McKinsey, representing the Lucky 7 Ranch.
Hearing closed Co the public and confined to the Board.
Matter o£ lot size discussed. Preservation of agricultural
land is the only reason this zoning is being requested.
Mr. Lawson pointed out that this rezoning deleted the wed
of Durham-Richvale corner with Highway 99 and Nelson. This has a bait
shop with a bar located oa it.
On motion of'Supervisor Richter, seconded by Supervisor Madigan
and unanimously carried, the proposed rezoning was approved; Ordinance 1588,
rezoning property from interim A-20 to A-20 for property located south of
Chico, north of Nalsoa, west of Durham and west of Goodspeed Watt Rd, and
Dayton Rd., and Ordinance 1589 rezoning from interim A-20, A-3. H-C and
C-2 to A-40 for property located south of Durham, west of State Highway 99,
north o£ Hamilton Rd. and east o~~Ggpdgpeed Watt Rd. and the Butte County
bwndary were adopted and the Chairman authorized to sign with the
deletion of the quartersection at the Durham-Richvale intersection and
Highway 99.
Page 427.
June 17, 1975
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June 17, 1975
a e A CI Q R .i lA A QC{ ~ P F i i i i e i~ R R T R R Y ^1 ~ R 11. A C~ O R 6 C
75-1043 PUBLIC HEARING: EKTENSION OF INTERIM A-20 FOR AREA SOUTH OF CHICO, NEAR DURHAM,
BEING LOCATED NORTH OF NELSON WfiST RD., EAST OF GOODSPEID WATT RD., WEST OF BRUCB LANE,
CHICO DURHAM RD„ TO YOCUM AVE., ~, MTLE WEST OF DURHAM NELSON RD., TO HANLON RD., THEN
WEST OF DURHAM NELSON RD 1' ORDINANCE 1590 ADOPTED
The public hearing on she extension of interim A-20 far an area south of
Chico, near Durham, being located north of Nelson Weat Rd., east of Goodspeed
Watt Rd., west of Bruce Lane, Chico Durham Rd., Co Yocum Ave., ~ mile west of
Durham Nelson Rd., to Hanlon Rd., then west of Durham Nelson Rd, was held as
advertised. Mr. Lawson set out the background of this extension.
Hearing opened to the public. Appearing:
1. Mra. Clare Hendrix, Nelson. She stated she was against the A-20.
Mr. Lawson stated that the townships Nava been deleted. She is not within this
zonisig.
Hearing closed to the public and confined to the Hoard.
On motion of Supervisor Richter, seconded by Supervisor Cameros and
unanimously carried, Ordinance 1590 extending the interim A-20 zoning for area
south of Chico, near Durham, being located north of Nelson West Rd., east of
Goodspeed Watt Rd., west of Bruce Lane, Chico Durham Rd., to Yocum Ave., ~ mile
west of Durham Nelson Rd., to Hanlon R$. Chen west of Durham Nelson Rd. was
adopted and the Chairman authorized to sign.
75-1QG4 APPRDVE AWARD OF BID-E%TENDED CARE FACILITY REMODELING
Mr. Castleberry reported on the bids for the extended care facility
remodeling. The Building Committee and staff recommend award to Deakins
Construction of Oroville for their base bid of $108,080 deleting for the time
being alternate one for $30,000 and including alternate two for a plus
$590, or a net of $78,7fi0. They have a copy o£ the contractor's agreement to hold
the price of alternate one for 45 days should Butte County desire to reinstate
it by then.
On motion of Supervisor McKillop, seconded by Supervisor Cameron and
unanimously carried, the Board approved the award for the extended care facility
remodeling to Deaklna Construction of Oroville for their base bid of $108,080
deleting for the time being alternate one for $30,000 and including alternate
two for a plus $590 or a net of $78,760, subject to County Counsel's approval,
and Chairman authorized to sign.
It is also proposed to (a) seek greater state financial support for
the alcoholie.~ center (b) make further deletions and additions by change order to
the project to more economically recoup the Health Agency remodeling with
these future change orders.
75-1045 SUPERVISORS MC RILLv'P & CAMERON TO SIGN PETITIONS FOR FORMATION OF
LIGHTING DISTRICT IN PARADISE & SERVICE AREA IN BRUSH CREEK OR IN THE
PIONEER SCHOOL DISTRICT
On motion of Supervisor McKillop, seconded by Supervisor Cameron
and carried, Supervisors McKillop and Cameron agreed to sign petitions for the
formation of a Lighting district in Paradise and a service area fn the Pioneer
School District for afire district sad authorised LAFCO to hold a special
meeting to handle the petitions.
AYES: Supervisors Cameron, Madigan, McKillop and Richter
ABSTAINING: Chairman Ladd
75-104b AWARD BID FOR SKYrTAY @ MAGALIA DAM PROJECT
Jim Lawson, Planning Director, gave his report concerning the
Skyway @ Magalie Dam projecC. It was, approved with the addendum bq Planning
Commission. They have a memo from Mr. Chaff, Public Wozks Department that
Page 428. June ~7, 1975
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v s a a v a v a a a a w ,e ~u=eali, 1975 a v s s ac a .r ,r s e a: a a a a a
they have a memo Erom the Clearia~,ouse'- regarding the E.I.R. Mr. Castleberry
said he had a recommendaCion concerning the award of the bid, subject to the
final clearance from the State Clearinghouse., Side discussed.
On motion of Supervisor Cameron, seconded by Supervisor McKillop
and unanimously cerried,bid for the Skyway Ca Magalia Dam project was awarded
to the low bidder, J. F. Shea of Redding, in the amount of $547,671, and the
award was subject to the following: (e) f1na1 clearance of environmental
concerns by the Stets Clearinghouse, (b) authorization of the utility relocation
from the right of wpy fund, (c) approval by P.I.D. for the relocation of its
piezometer tubes, (d) that Buschmana Rd. 1975-76 be cancelled and rebudgeted as
"Skyway SB 325 - $84,000, (e) that Boucher Street WO 1518 for $10,000 be
transferred to this project, (f) that FAS account 530-12 deposits in the
amount of $14,000 be transferred to this project and Chat the Chairman was
authorized to sign contract when R:e above items are completed, subject to
County Counsel and Auditor's approval.
Brian Rix, deputy County counsel, stated that the environmental
groups have expressed their concern regarding the development above the Lake.
He set out the concerns of the people. The final E.I.R. addresses itself to
each of the problems set out by the people. There is a geologist report that
offers evidence that the geological base for the road is sound, This
project would offer the least amount of damage to the landscape.
Supervisor Richter was opposed to the E.I.R, being made in the first
place. This is not for a new road but merely for the completion and upgrading
of the present toad..
75-1047 PUBLIC BEARING: E7CTENSION OP INTERIM A-2 LTD. & RT-1 FOR THE AREAS DELETED
FROM THE PARADISE SPRINGS. UNIT !kl ADOPT ORDIN_ANC_ES 1591 & 1592
The public hearing on the extensien~of interim A-2~Ltd, and RT-1 for
the areas deleted from the Paradise Springs, Uait ~I, lots 33i; W~ of lots
332 through 334; lots 343 through 596; of Fir Haven Subdi. Alao s portion
of Sec. 23, T23N, R3E, and Sec. 24, T23N, R3E, located north of Paradise was
held at this time. Mr. Lawson set out a map of the area involved. Planning
Commission will hold a hearing on July 21st for the final zoning of the area.
It is recommended that the extension of the interim zoning be approved for
120 days.
Hearing opened to the public. Appearing:
1, Bob Curtis. He questioned Mr. Lawson concerning the E.I.R.
He has property in this area that is taxed as one lot; he has petitioned to have
this property placed into two parcels. He was told that there would be no
problem with his property.
Hearing closed to the public and confined to the Board.
On motion of Supervisor Cameron, seconded by Supervisor McKillop
and unanimously carried, the extension of the interim A-2 Ltd, and RT-1 zoning
was approved; Ordinances 1591 and 1592 were adopted and the Chairman was
authorized to aign~ said extension being for 120 days.
75-1048 APPROVE RE VEST F0:2 REFUND OF APPLICATION FEE FOR LAND DIVISION: E.J, EHMANN
On motion of Supervisor MaKillop, seconded by Supervisor 1'Iadigan
and unanimously carried, the request of Edmund J. Ehmann for refund of $25
application fee for land division, which could not be processed because of a
denied varianoe to minimum parcel size, was authorized.
Page 429.
June 17, 1975
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75-1049 REPORT: C7AYD E. REYNOLDS-PLANNING COMMLSSION'S REPORT OF A DENIED REZDNE
FROM "N-C" (NEIGHBORHOODaCDMMEKCIAL) TO "C-C° (COMMUNITY COMMERCIAL) FOR
PROPERTY LDCATED DN THE NORTHWEST CORNER OF STEARNS RD. & PENTZ-M41GAT.IA RtJY.
Jim Iawsoa, Planning Director, gave a report on the Cloyd B. Reynolds
Planning Commission's report of a denied resone from "N-C" (neighborhood-commercial)
to "C-C" (community commercial) for property located on the northwest corner
of Stearns Read and Pentz-Magalia Hwy., Paradise. He stated that no action
needed as there has not been an appeal filed.
75-1D50 TENTATIV$ PARCEb MAPS APPROVED
On motion of Supervisor tScKillop, seconded by Supervisor Cameron
and unanimously carried, the Following tentative parcel maps recommended for
approval were approved, subject to the conditions, and with the note that
negative environmental impact reports have been filed and that they are
consistent with the general plan:
ZoneB TM-2 :[nt. .Alberta Johnson, RP 5T-35-Z2, 4 lots, north and south
G.P. Timb. & of Schott Road, Forest Reach, Surveyor: 8sahman
Mt. Terrain Engineering
Pursuant to the regixirements of Section 20.3 of the Bette County Code,
the tentative parcel map of ttse above identified property has bean re-
viewed by the Butte County Subdivision Committee and the Planning
Commission.
The Subdivision Committee and the Planning Commission recommend approval
of the tentative parcel map, subject to the following conditions:
1. Proof of water on Parcel i.
2. Delineate on final map that area over 30$ grade and indicate that it
is unsuitable for installation of a septic tank system.
3. Indicate a 100 ft. septic tank free setback from the high water line
of Little Chico Creek.
4. Proof og water or placo the statement on the maD for Parcels 2, 3. & 4.
5. Obtain enarnachment permits for Parcels 1, 2, & 4.
6. Deed to the County of Butte 30 ft. right-of -way from the centerline
of Schott Road.
7. indicate a 50 ft, building setback prom the centerline of Schott Rd.
8. Note on final. map that Schott Road ix not maintained by the County
of Butte during the winter months.
9. Parcel 1 must captain a minimum of two acres exclusive of rights-of-way.
A Negative Declaration itegarding F~vironmental Tmpadt oral ~i,led with the
Conatp Clerk oa May 12, 1975.
Page 430.
June 17, 1975
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Y
tl i i Q i Q Q a s tQ C i i QJin~ S7; f~i5~ R W' ! Q!' ! s i ~' = i! i i=!
7Ptie timb®r mountain classification is intended for those areas which have
value as timber producing areas, watershed areas, scenic areas,~recreatf.onal
areas and areas which by their character and particular" topography require
special treatment and protection to mitigate potent~E.al damage. Residential
development in the9e'az'eas should be confined to areas where the topography
of the land will allow a minimum amount of damage by way of erosion, siltation,
surface and ground water pollution or the destruction of scenic and historical
areas. Deasitp should be considered on the basis of these factors and weighed
against alternate use of the areas for timber prodnctfon, recreation 8nd
watershed gmtaction. ..
8oaaed A-2 Rose Evich, AP 58-35-04, 2 lots, east of Concow Ad.,
G,P. Timb. Coaco~+. Engineer: Gravae S Geddis
& Mt. Terr.
Pursuant to the requirements of Section 20.3 of the Butte County Code,
the tentative parcel map of hate above identified propexty has been re-
viewed by the Butte County Subdivision Committee and the Planning
Commission.
The Subdivision Committee and the Planning Commission recommend approval
of the tentative map, subject to the following conditions:
1. Proof' of water or place tho statement on the map.
2, obtain encroachment permits for ail parcels.
3. Indicate a 200 ft. septic tank frer~ line from the high water line of
Lake COACOW.
A. Deed to the County of Butte 30 ft. right-of-way from the centerline
of Concow Road.
5. Indicate a 50 ft. building setback line from the centerline of Concow
Road.
A Negative Declaration Regarding Environmental Impact was filed with the
County Clerk on May 12, 1975.
The timber mountain class~.fication is intended for those areas which have
value as timber producing areas, watershed areas, scenic areas, recreational
areas and areas which by their character and particular topography require
special treatment and protection to mitigate potential damtxge. Residential
development in these areas should be confined to areas where the topography
of the land will allow a minimum amount of damage by way of erosion, silta-
tion, surface and ground water pollution or the destruction o£ scenic and
historical areas. Density should be considered qIl the basis of these
factors sad weighed against alternate use of the areas for timber produc-
tion, recreation and watershed protection.
Page 431.
June 17, 1975
~~ ~^
a 4 a m~~~~ 6 Q R~ f~ ~u~ne17~ I97So ~, ~~ p 6 i a O f Q~~ p r Y~
75-1051 DISCUSSION: BUILDING PERMIT FOR SIERRA CHRISTIAN ACADEMY IN DURHAM
Supervisor Cameron stated he had a planning item he would like to
have discussed, The Sierra Christian Academy in Durham has had trouble
obtaining a building permit to replace a building. The plans have been
approved by Mr. Glander. The people donate their time to building this
building and this delay works a hardship on them. Supervisor Cameron asked
if there was same way the matter could be huzried along. Supervisor McRillop
asked Mr. Lawson if this matter could be handled by the Pleaniag Commisaioa
this Thursday night. It hoe gone through the E,I.R. review. It will be
before the Planning Commission oa July 17, 1975. It reQuires a use permit
for the replacement of this portion of the school. This is a permitted use
in this area. Brian Rix, deputy county counsel, felt the school should
obtain the use permit. County Counsel will check this matter ouC and
will report beck to the Board on the issue.
75-1052 REVIEW ANA DISCUSSION OF CLAIMS FOR PAYMENT FOR MEDICAL SERVICES TO
ILLEGAL ALIENS AND TBANSIBNTS: PUT OVER
The review and discussion of claims for galmartt for medical services
to illegal aliens and transients wea put over again until a later time, to be
placed back on the agenda when information is received.
75-1053 APPOINTMENT TO OROVILLE CEMETERY DISTRICT do FINAL APPOINTMENT TO
ASSESSMENT APPEALS BOARD: PDT OVER AT THTS TIME
Appointment to Oroville Cemetery DistricC and final appointment to
Assessment Appeals Board put over at this time. Walter Shaner has been
recommended to be appointed to the Oraville Cemetery District, Supervisor
McTCillop said he would like one week oa the assessment appeals board
appolntment.
75-1054 AISCUSSION: AB 1587 (KAPILOFF)
Tom Struthers, Purchasing Agent, was present to discuss AB 1587.
He feels that this bill could generate bids that do not have responsibility.
The 30 days notice would slow things down. Re said that the main thing is
the disclaimer that has been placed oa this bill. The bill was amended in
legislation. Chairman Ladd £elt this bill would create havoc; it would _ _
make for an unmanageable operation. ,~
On motion of Supervisor Cameros, seconded by Supervisor Richter and
uaanimously carried, s letter opposing this bill was aeti~±#i,rad, to be'sent
to the proper people.
RECESS: 12:05
RECONVENED: 1:30
75-1055 PUBLIC HEARING: NORMAN L. PRAYER-PETITION FOR VARLANCE TO PROVISIONS OF
SECTIONS 19-10 and/or 19-12 of THE BUTTE COUNTY CODE
The public hearing on the Norman L. Prater petition for variance to
provisions of Sections 19-i0 and/ox 19-12 of the Butte County Code to place
a mobile home on property located on Lone Tree Road, Oroville, was held at
this time, Howard Toussaint, Sanitarian, stated that this ie a renewal of
the variance.
Hearing opened to Che public. Appearing: no one.
Hearing closed to the public and coafined to the Board.
On motioa of Supervisor Cameron, seconded by Supervisor Mcitillop and
unanimously carried, the petition of Norman L. Prater for variance to provisions
of Sections 19-10 and/or 19-12 of the County Code to allow a mobile home to
be placed on property located on Lone Tree Road, Oroville, was approved for
a period of one year,
Page 432.
June 17, 1975
/'~
R ~ .... ~ a . ~ ~ ~ Jul e~ 17 , ~ 1~7 ~ ~ . ~ ~ . ~ .~ ~ ~ ~ a s ~ ~ a
75-1056 PUBLIC HEARING: VERNON MC MATH 6 FRANK SEAWALL: APPEAL. OP DECISION OF
PLANNING COMMISSION TO FILE A NEGATIVE DECLARATION REGARDING ENVIRONMENTAL
IMPAGT FOR THE FOREST RANCfI SUBDIVISION
The public hearing on the Vernon McMath & Frank Seawall appeal of
decision of Planning Commission to file a aegative declaration regarding
environmental impact for the Forest Ranch Subdivision was held at this time.
The E.L R. Committee recommendse•.aegative E.LR.; Planning Commission
recommend approvdl of the E.I.R.'
Hearing opened to the public. Appearing:
1. Frank Seawall, Chico. He spoke against the negative E.I.R.
He presented evidence regarding this matter; he had a chart showing the
amount of raia in the area and had photos of the area. He explained his
reasons for challenging this B.I.R. He spoke in opposition to Conditions
No. 4, No. 8, No. 16, No. 26 aad Na. 28. He feels that the property has
been scalped. The vegetation has been cleared away. The project will
generate dust.
He stated that the Cotiaty does not have a land leveling ordinance. Aland
leveling ordinance would be helpful in this area.
Mr. Seawall said the ptirpoae of his being present today was:
1 To challenge this subdivision and (2) to request that the Board think of
adopting a land leveling ordinance dealing with the property above 2,000 feet
level.
2. Mr. Vern McMath, Chico, cater of property in the Porest Ranch area.
He explained his thoughts eoncesning the impact of the subdivision on the water
supply in that area. There is a limited water supply in that area. He set out
his concern in this matter.
3. John Stutz, Chico.
4. Mr. Howard Johnson, Paradise.
5. Mrs. Barbara Seawall. She said she would like to see her land
protected from any further subdivision.-
6. Tony Santos. He is the developer of this property. He stated
there was no plan to clear any more of the property in that area. He has
planted grapes on the land cleared. He set out the plans for the property.
The reason that a negative environmental impact has been filed is that most
of the things have already been completed in that area. He.also; believes
that there should be a land leveling ordinance.
It is Mr. Santos' feeliag that he has created an industry in the
County with the planting of the grapes oa this acreage.
Hearing closed to the public sad confined to the Board.
Negative report discussed. It was felt that the County does need
a land leveling ordinance. The issue before the Board at this time is
whether there will be an adverse affect to the environment due to this
development.
It was moved by Supervisor Madigan that an E.I. R, should be
required. Motion failed due to lack of a second.
It was moved by Superviaar Richter and seconded by Supervisor Cameron
Page 433.
Juae 17, 1975
~'` ~,
..... ,.. ®.. m ... ~u:e:7~ =975......... a . s .: .
that the appeal of decision of Planning Commission to file a negative declaration
regarding environmental impact for the Forest Ranch Subdivision be denied,
Motion discussed. Zoning for the area explained by Mr. Lawson.
Supervisor McKi.llop said he would like to look at the site before
he votes on the motion.
On motion of Supervisor Madigan, seconded by Supervisor McR:illop
and carried, the motion above was tabled until such time as the Board members
all have had a chance to look st the area, and to put the matter back vn the
agenda for Tuesday, June 24, 1975,
Mr. Santos stated he would be happy to work with the County on
the preparation of a land leveling ordinance, He stated he would show the
site to the Board members.
Matter planed back on the agenda for Tuesday, June 24, 1975 at i:30 p.m.
75-1057 CONTINUED HEARING: APPEAL TO SIIBDIVISION COPIMITTEE RILING OF NOTICE
OF VIOLATION ON AP 41-12 (CONT. FROM APRIL 15 and Mav 20
The continued hearing on the appeal to Subdivision Committee filing
of notice of violation do AP 41-12 was held at this time. The Hoard members
requested that when these matters are placed on the agenda that the location
be set out. Betty Slaiz stated that this is the property located on the
south side of Peatz Road, east of the college site.
Chairman Ladd opened the hearing at this time to the public.
Mr. Palmer Hatch, ettorney at law, representing the applicant, May
Wright and Mr. Hoiland, requested a continuance at this time, They have
continued to work with the staff and the subdivision committee. They need
Co prepare the necessary documents.
Supervisor Cameron stated he had received a call from Dr. Horning
and he said he would like to have a continuance of this scatter. He will
meet with the attorneys and ell the property owners and attempt to get the
necessary papers approved.
Howard Johnson gave a quick report on what they have been doing
on this matter. He is trying to get a road agreement approved. They need
a public report from the State Division of Real Estate. John Hamby will
do the survey work.
Hearing continued to August 19, 1975 at 1:30 p.m.
RECESS: 3:10
RECONVENED: 3:20
75-1056 CONTINUED HEARING: APPEAL OF USE PF,'RMIT FOR DR. JOHN DEERE FOR FOSTER HOME
ON EAST ROE ROAD, PARADISE
The continued hearing on the appeal of use permit for Dr. John Deere
for foster home on East Roe Road, Paradise, was held at this time, A letter
from Dr. and Mra. Deere was zead by the clerk. This letter requested A,'
continuance to September 1 of the decision of the Board.
Hearing opened to the public. Appearing:
Page 434.
June 17, 1975
~ ~
ac s s m a s s s a s s a s s ruses li ~slg75 s s s s s s s s s n s s s: s a
Mrs. Deere presented copies of the letter to the Board. She read a
letter to the Board that was submitted by 1Cen Leone, assistant to Supervisor
Richter. In this letter, Mr. Leone suggested that the matter be continued
until a definite decision was made by the Deeres as to whether they are going
to sell their home or whatever.
Supervisor McRillop stated that he concurred with the Deeres that the
fencing request is out of line. He doesn't feel any action should be taken
until the Board is ready to a-s}:e a decision.
Mrs:.7)eere explained that a mix-up had occurred regarding the licensing
and the permit. She stated that this has bean cleared up and this problem
should not happen again. She explained that they are at a point where they are
trying to decide whether they will stay in the Paradise area or whether they
will move and that they would like a decision on this put off for a few months.
They are not withdrawing their request. Matter discussed.
Hearing continued to August 26, 1475 at 10;30 e. m.
75-1059 APPROVE APPOINTMENT TO OROVILLE CEMETERY DISTRICT
Oa motion of Supervisor McKillop, seconded by Supervisor Richter and
unanimously carried, the Board appointed Walter Shaaer to the Oroville Cemetery
District to fill the vacancy created by Mr. Rippey's resignation.
75-1060 DISCUSSION: SIERRA CHRISTIAN ACADEMY RE USE PERMIT RE4UIREMENT
This item was discussed earlier in the meeting. The zoning in the area has
been changed so that the school ie now required to obtain a use permit to run
the school. Supervisor Cameron questioned sa to whether they actually needed
to gat the permit.
Erian Rix, deputy county counsel, explained cases that have been to
court and the decisions of the cases. He stated that the school must get the
use permit.
Supervisor Cameron requested that the county departments involved
handle this item as promptly as possible.
75-1061 APPROVE FUNDING MANPOWER TITLE II POSITIONS IN CAUNTY
Supervisor Madigan suggested that the Board carry the funding of
the county positions of CETA and PEP for two weeks to continue the fobs until
federal funding is approved.
Clif Nickelson, administrative officer, explained the present funding
and the time involved. He feels it would cost the county more to lay off and
then rehire these people than to fund the program for two weeks. The cost
to the county should be about $18,000 which would be reimbursed when the
funding is approved. Chairman Ladd agreed that the county would be saving
money by funding this program.
0n motion of Supervisor McKillop, seconded by Supervisor Cameron and
unanimously carried, the Board authorized the Administrative Officer to
continue the funding of the Manpower Title IL program for not longer than two
weeks, with lay off notices to be seat ae authorized previously by the Board.
75-1062 DISCUSSION: PRENATAL CARE IN BUTTE COUNTY
Supervisor Madigan stated that he had not been satisfied by the answers
given to his question of why medical care was not accepted in some of the
referrals.
Page 435.
June 17, 1975
k ~,,
.. ~ {
e 4~~~ m c e a m r s r s Ju~eo 17 ,1975 w e e: ~~ e: a m o m~ a$ R
Supervisor Cameron stated that he had been told that many of the
women want to use the natural childbirth method and that one doctor in
particular did nothing but Caesarean sections. Supervisor Madigan felt
the women should take whatever medical help they are referred to. Chairman
Ladd stated that it was every perscn~s right to refuse medical care but that
the medical care should be available if needed. Disousaion. No action taken.
ADJOURNMENT
There being nothing further before the Board at thin time, the
meeting was adaourned at 3:55 p.m. Co reconvene at 9:00 a.m,, Tuesday.
June 24, 1975.
Chairman
ATTEST: CLARK A, NELSON, COUt~ y CLERK
r
Board of pervisors C erk
Page 436.
June 17, 1975