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July 24, 1973
STATE OF CALIFORNIA .~
COUNTY OF BUTTE SS.
The Board of Supervisors met st 9:00 a.m, pursuant to
adjournment. Present: Supervisors Cameron, Gilman, Ladd, Mad~.gan
and Chairman McKillop. Clif Mickelson, Administrative Officer, Dan
Blackstock, County Counsel, and Clark A. Nelson, County Clerk, ~'
Margie Catt, Board of Supervisors Clerk.
INVOCATION: Rev. Douglas F. Simpson, Pastor, First Baptist Church, Bigg,
Pledge of allegiance to the Flag of the United States of America
73-1.122__ APPROVAL OF MINUTES
On motion of Supervisor Ladd, seconded by Supervisor Gilman
and unanimously carried, the minutes of July 17, 1973 were approved
as mailed.
73-1173 COMMtTNICATIONS
Oroville Rescue Mission. Mr. 011e Sterner, trustee, states
that the Mission anticipates erecting a building on property
they have secured on Lincoln Blvd. but have the problem of
y ~ ~~0 ~ building permit and inspection fees which amount to
approximately $250. They request consideration by the
Board for waiving of these fees as they are a tax exempt
welfare organization and their buWiness is lending a
helping hand to needy itinerant workers. Discussed. Clay
Castleberry will answer letter conveying the Board's feelings.
Lloyd Bird, Oroville. Mr. Bird writes to request waiving of feFs
~.,` p ~ for building permit for Oroville Rescue Mission building
project on Lincoln Blvd. Same as above.
Retired Public Employees' Association of California, Butte County
Chapter No. 39. Mrs. Vivian Schirenberg, president, writes
g SJ to thank the Board for their action in granting the 5%
~ 0 3' increase under SB 135. She states that this will mean a
great deal to retired employees who will be benefited by
this action. Information only.
Paradise Tree Committee. The Committee requests the Board to
recommend that Public Works and Planning Commission make
~f ~V'O ~ a concerted effort to retain as many trees as possible when
use permits are being considered and issued in this area.
Discussed. Mr. Castleberry will answer letter.
Butte County Trails Council. The Council writes regarding its
activities in planning a county-wide trail system and
advising in matters pertaining to trails. It is suggested
/ D 0' ~ 0 that the Supervisors appoint new members to replace some
who have served for the past four years, or, if it is not
desired to continue the advisory group to notify them so
that they can take the necessary action to disband. Discussed.
istr officer will check with secretary.
Paradise amber o~'Cvoefnmerce. The Chamber files request for
increase in allotment for chamber activities by the Board of
~ 3 •d~ Ch~co andr07eovil e.~oLasteyear°soChambeglallotmente~9389es of
the requested amount as given to C~.i.co and Oroville $2,250.
Paradise and Chico Chambers will appear at budget hearings
on Wednesday, July 25. Discussed. Administrative Officer will
notify other Chambers of~ b~ dget ~he~ings tomo~r~y,' 1973
_____________ Ju1~2431923====---__-__
City of Chico. Chief of Police Johnston writes reg~~.rding -
difficulties of obtaining admission of potentially
3 ~ ~•~ ~ suicidal patient to a hospital. Mr. Nickelson will discuss
situation with Dr. Heindl, Dr. Maguire, and other persons
concerning the handling of admissions to the hospital.
State Division of Highways. Sam Helwer, District 3 engineer, sends
~ ~ information regarding the California Functional Classification
O 0• Study. Mr. Castleberry explained this letter. No action
aeae~sary at this time.
Health, Education and Welfare - Office of Child Development.
Ro}rert Overacker, regional program director, writes to
~ ~ ~,0 0 inform the Board of the increased psychological services
to be performed by the Office of Child Development for
Head Start Program. Discussed. Mr. Nickelson will .secure the
action of the Community Action Agency and will report back.
U. S. Corps of Engineers. F. G. Rockwell, Jr., colonel, CE, writes
S/ii„ o o that he has reported for duty as District Engineer,
Sacramento Dis~+-rict, Corps of Engineers succeeding
Colonel James C. Donovan. Information only.
Petx~ion of Charles Degischer, Madrone Way, Chico. Request to place
mobile home on his personal property. Discussed. Referred
to County Counsel; hearing to be set for August 14th.
Petition of Edna Wright t~~ place mobile home on private property in
the ~ area. Referred to Planning Department to see
if i the proper zoned area. Hearing to be set later.
CZ im of Roger Conkright for damages to plane. Damages incurred
/ 0 0•~ ~ as result of rescue mission. Referred to County Counsel
for a report back on the legal position,
Robert M. Sorenson, Chairman, Commissi<n on Senior Affairs.
~ p 0,18' Request to reappoint members to the Commission for terms of
two ,years. See motion following communications.
Easter Seal Society. Accessibility to Board of Supervisors meetings.
Letter read and discussed. Mr. Castleberry will study the
O S• ~~ matter, look into the possibilities of handling the matter
and will report back to the Board.
73-11 4 APPROVE REAPPOINTMENT OF MEMBERS TO COMMISSION ON SENIOR AFFAIRS
On motion of Supervisor Ladd, seconded by Supervisor ameron
and unanimously carried, the following were reappcinted to the
Commission on Senior Affairs for terms of two years:
Mrs. Ann Conrad --Oroville Vice Chairman
Mrs. Georga Nystrom -- C'-hico
Mr. Tom Powell -- Oroville
Mr. Elvin Rounds --- Paradise
Mr. George Wallace -- Chico
73-11 APPROVE WIN AGREEMENT
The Department of Human Resources Development has indicated
the necessity to reissue the agreement with Butte County for utilizatioi
of WIN (Work Tneentive Program) trainees. This new agreement contains
a request whereby the county will be responsible for providing
workmen`s compensation protection for trainees. This provision will
increase the county's liability exposure to direct industrial
compensation costs. Mr. Nickelson explained the agreement. He said
these employees are prone to accidents and he would request that if
the County is going to continue on with the WIN program, it should
be a requirement that the assig~ .the WIN employees be handled
July 24, 1973
July_24,_1g7~ _ _ _ _ _ _
by the Personnel Office so that they are placed in non-hazardous
positions. Program and agreement discussed. It was felt that
the County should have a rundown on the costs of handling ithese
programs. The Administrative Officer was requested to keep track
of these costs and report back to the Board.
On motion of Supervisor Cameron, seconded by Supervisor
Madigan and unanimously carried, the WIN agreement was approved,
the Chairman was authorized to sign and the Personnel Officer was
designated as the administrator of placements under the program.
73-1176 RE-NAME_ OI~D C0~7RTHOUSE '1'0 COUNTY ADMTNTSTRATION BUILDING
Mr. Nickelson reported ~that~~the question of conflict in
names of the Superior Court Complex and the old Courthouse has
been raised. Problems of the names discussed.
On motion of Supervisor Ladd, seconded by Supervisor Madigan
and unanimously carried, the old courthouse was renamed "Butte
County Administration Building" and the new courthouse facility
to be designated as the Butte County Courthouse.
73-11.7 APPROVE DANCE APPLICATION
e aradise Recreation and Park District makes
app?ication far a series of ten dances to provide recreation
~.ctivity special events for summer. Application approved by
Sheriff. Application discussed.
On motion of Supervisor Cameron, seconded by Supervisor
Ladd and unanimously carried, the dance application for a series
of ten danced .for Paradise Recreation and Park District was approved,
73-11']8 APPROVE STATE DIVISION OI' HIGHWAYS WEED CONTROL CONTRACT
This item carried forward from last week. Annual contract tc
provide labor, equipment and materials to control or eradicate
puncture vine is presented by the Department of Transportation.
Maximum reimbursement to the county for work performed not to
exceed $4,000. Nr. Mackessy present to answer any questions the
Board might ask of him.
Supervisor Gilman asked questions of Mr. Mackessy
concerning puncture vine and the control program. Mr. Mackessy
stated that they spray about 1,000 miles once each year but that
they spray another 300 miles about 3 or 4 times more each year.
Supervisor Gilman explained his views concerning the program.
He said that if the County cannot do an acceptable job of weed
spraying and control, they should ?got have the program.
Mr. Mackessy said they are going into a 10 hour day for
six weeks and they should be able to get over the County roads
once more this year.
Time speizt discussing the program and the problem of
puncture vine Control. Supervisor Madigan felt the city agencies
should participate in this control of puncture vine program.
On motio of Supervisor Madigan, seconded by Supervisor
Cameron and unanimously carried, the weed control contract with
the State Depu:~tment of Transportation for weed control services
for fiscal 1973-74 was approved sub' t to approval by Counsel and
Auditor. page ~~~• July 24, 1973
July 24i 1973
__ ~~
_______________ _ ~~~==y====--~
73-1179 APPROVE AGREEMENT FOR USE OF FOUTS SPRINGS BOYS CAMP
The agreement between Solaro, Yolo and Colusa Counties with
Butte County for use of Fouts Springs Boys' Camp for the 1973/74 fiscal
year is presented for approval. The rate per month has risen from
X395 to X440 per boy per month. Mr. Nissen recommends approval of
the continuation of this contractual agreement, Agreement approved
by Auditor and Counsel.
On motion of Supervisor Gilman, seconded by Supervisor Madigan
and unanimously carried, the agreement for use of`Fouts Springs Boys
Camp was approved and the Chairman was authorized to sign.
73--1180 APPROVE BUDGET TRANSFERS
On motion of Supervisor Gilman, seconded by Supervisor Madigan
and unanimously approved, the following budget transfers were approved:
B-213 Public Works - this sets up X11,000 in the Manzanita
Avenue extension project with ~b,600 coming from East
Avenue-Pillsbury to Freeway and $4,400 from Ord Ferry
Road-bank protection.
B-1 Personnel. This establishes appropriations for the
Supplemental Manpower Program - NYC 0/S Contract #3114-06
previously approved by the Board. Total project
$68,890 with X62,000 coming from Unanticipated Revenue-
Federal Aid Other and $6,890 contributed as In-Kind
Services.
73--1181 APPROVE PUBLIC WORKB ITEMS: AD.Or°'T RESOLUTION 73-127 MAINTENANCE
OF TRAFFIC SIGNALS
On motion of Supervisor Gilman, seconded by Supervisor Ladd
and unanimously carried, the following action was taken:
1. Approved CCO #2, Pentz-Magalia ~iighway Project No. 45471-68-
, in the increasing amount of $4,007.82 which provides for additional
roadway excavation in unsuitable areas caused by underground springs,
approved transfer of funds from Bald Rock Road W.~. 8004 in the amount
of X1,177.14 to cover overr~rn and authorized the Chairman to sign.
2. Adopted Resolution 73-127for maintenance of traffic signals,
authorized Chairman to sign anal Auditor to issue warrant in the amount
of $1,500 and deposit with Department of Transportation.
3. Approved CCO #9 for Paradise Pines Country Club #1, #2,
and #3, in the increasing amount of X1,638 and authorized the Chairman
to sign.
~+. Approved CCO #'], Paradise Pines Co:zntry Club #4, in
the increasing ameu-_Zt of $774,90, for changes to fire hydrant
installation and authorized the Chairman to sign.
5. Accepted the work of Butte Creek Rock Company for the
reconstruction of Pentz-Magalia Highway from Lime Saddle Road to
1.2 miles north, authorized the Chairman to sign the Notice of
Completion and instructed the Clerk to record said Notice with
the County Recorder.
73-1182 APPROVE AWARD OF BID: MANZANTTA AVENUE EXTENSION PROJECT 56212-70-~:
AND FOR THE LIME TREATMENT OF VARIOUS ROADS PROJECT LT- -1
ay ast eberry, Dare~agre ~56 blic Works, reported on bid
July 24, 1973
July~24,=1973
o m .~ - - _ _ - - = = = - = - - - - = .- a c s .- .- .- s a .-
openings for Manzanita Avenue Extension Project 55212-70-1 and for the
Lime treatment of various roads Project LT-73-1. Bids discussed.
Mr. Castleberry recommended approval of the low bid.
On motion of Supervisor Ladd, seconded by Supervisor Gilman
and unanimously carried, the low bid of Butte Creek Rock Company
was accer:ted for the lime treatment of various Butte County Roads and
for the Manzanita Avenue Extension Project as follows:
Lime treatment of roads -- $137,105.00
Mazzzanita Avenue Extension - $ 50,947.50
with the approval of the B transfer for the Manzanita Avenue
Extension Project as set out in the Auditor's &-213 transfer.
73-1183 ANNOUNCEMENT OF USFS TOUR SCHEDULED FOR ALL BOARD MEMBERS ON JULY 2'
Clay Castleberry, Director of Public Works, confirmed the
United States Forest Service road tour for Friday, July 27th, at
10 a.m. The tour will last about four hours.
RECESS: The Board recessed at 10:05 for an executive session and then
to have their morning break.
RECONVENED: The Board reconvened at 11:00 a.m. following an executive
session and their morning recess.
'73-1184 APPEARANCE: MRS. KATHERINE (BEST) HARRIS PARADISE
Mrs. at erzne Lest Harris, Paradise, requested permission
to speak at the time the Loxley Glen St~.bdiv.ision Map was discussed.
The Board agreed to this request,
73-1184 APPEARANCE: LARD JOHNSON, UNT_VERSITY OF CHICO: USE OF INTERNS
FOR STREET NAME STUDY AND ROUST' Nt,T.~'[BFP:3NG PROJE~~T
,add Johnson, Director of Regional Programs, California
o'o State University, Chico, explained his position with the University.
t~-'t~Z~ He said he felt they could do a good job on the house numbering and
street name project for the County, by the use of their interns.
His letter addressed to Supervisor Cameron was read by the
Clerk and filed with the Board.
Proposal discussed. Mr. Castleberry said he would urge
the Board to think about this proposal. He would like to invite
Mr. Johnson and his staff to go to his office and look over the
problems involved in this matter. Supervisor Cameron said that
maybe the next step would be to appoint a committee to meet with
Mr. Castleberry, Mr. Johnson and the college to discuss how to
begin this project.
Chairman McKillop suggested that Mr. Johnson work with
Mr. Castleberry and Mr. Mickelson in this matter. He feels that
this should be discussed soon as this is a budgetary matter.
Mr. Castleberry and Mr. Mickelson will meet with Mr. Johnson to discuss
this matter. They will work on the proposal and will report back
to the Board.
Page 357• July 24, 1973
July 24s 1923= - - - - - - - - - - - -
73-1185 APPEARANCE: MRS. ANDREA HERB, REQUEST OF CHICO COMMiJNITY DAY
CARE CENTER
p V Mrs. Andrea Herd, Chico Community- Day Care Center, explained
~ 0'L' the purpose of this organization. They want to provide low cost
child care for the working mothers. They are working on the licensing
and financing now. She is present at this time to request a parade
permit for August 11th. She filed her letter of intent with the C1®rk.
'this will be a fund raising activity.
Chairman McKillop told her to talk to Mr. Mickelsor. and
to County Counsel about tr~_e requ•~st for the permit. She also
desired to discuss a request for funds from the County. The
Administrative Officer will advise her as to when this can be discussed
73-1186 PUBLIC HEARINGS SET: PLAPTNING IT~,S
blic hearings were set on the following planning items,
August 14th, 1973 at 2:00 p.m.:
1. Durham Community Planning Committee - extension of interim
zoning from "A-2" (general) to "A-3" (agricultural), unincorporated
areas of Butte County at the town of Durham.
1
2. Planning Commission initiated - rezoning from "C-1" {Light
commercial) and "t:-R" (agricultural-residential) districts to "N-C"
(neighborhood commercial} district for an area generally described
as property on both sides of Pentz=Magalia Highway at Stearns Road,
Paradise.
Hearings were set for August 7th, 1973 at 2:00 p.m.:
1. John T. Anderson, et al - rezone frt~m "A-R" (agricultural-
residential) to "AR-MH" (agricultural-residential-mobile home) for
property generally described as a portion of the north half of
Section 26, T19N, R4E, located south of Oroville-Bangor Hwy.
and north of Foothill Blvd.
2. Ivan F. Phipps - rezone from "A-R (agricultural-
residpntial) to "AR-MH" (agricultural-residential-mobile home) district
for property lo~e.ted east of "Wyandotte Terrace Unit #l, and
"~a:ndotte Terrace Unit #2," identified as AP 36-19-35, containing
26 acres, more or less, Oroville.
73-1187 APPROVE TENTATIVE PARCEL MAPS RECOMMENDED FOR APPROVAL
--
On motion of Supervisor Gilman, seconded by Supervisor adigan
and unanimously carried, the following tentative parcel maps
recommended for approval were approved, subject to the conditions
of the planning commission:
I.James Tupen, AP 21-16-57, 2 lots, south side of W. Liberty
Road, between Dewsnup Avenue and '_~ry. 99, Gridley.
Engineer: Kendall Engineering.
2. Marjorie L. Scott, AP 24-02-04, 2 lots, south side of
Archer Avenue, east of T3ti~y..99, Gridley, Engineer:
Kendall Engineering.
3. Fred Watson, AP 4 ?_F-90, 3 lots, on Keefer Lane, off
Hwy. 99, Chico. age e.o Walter B. Grimes R-. Assoc.
July 24, 1973
__.._ _____=====Julg24~19~3=====_______
73-1188 APPROVE TENTATIVE PARCEL MAP RECOMMENDED FOR APPROVAL AND
coNmIN~ED FROM JULY 17, 1973
Jim Lawson, Planning Director, explained the request for
approval of a tentative parcel map submitted by Manuel Azevedo, west
side of Hwy. gg, south of Nord Hwy., Chico. Supervisor Gilman said
he went out and looked at the site; the split did not make much
sense. The seller indicated that the buyer had an option to
buy the other 20 acres of land within this parcel. Map discussed.
On motion of Supervisor Gilman, seconded by Supervisor Madigan
and carried, the following tentative parcel map recommended for approva:
was approved with the conditions set out by the Planning Commission:
1. Manuel Azevedo, AP 44-03-26, 2 lots, west side of Hwy. gg,
south of Nord Hwy., Chico. Engineer: Riegel & Assoc.
AYES: Supervisors Gilman, Madigan and Chairman Mr,Killop
NOES: Supervisor Ladd
ABSENT: Supervisor Cameron
73-1189 LOXLEY GLEN TENTATIVE SUBDIVISION MAP CONTINUED
At t e request of Supervisor ameron the Laxley ~slen tentative
subdivision map, on Nottingham Drive, east of Crestview Drive,
Paradise, was continued one week. Mr. Shields, representing the
developers, said they would appreciate this ..^ontinuance.
Hearir:g continued to July 31, 1973.
'73-1190 PRESENTATION BY SUPERVISOR LADD OF POSITION PAPER CONCERNING
CHICO TO PARADISE BUS SERVICE
Supervisor L~aci~i presented a ~~f•sition paper concerning the
D Chico to Paradise Bus Service. He requested that the paper be
1 ~ Q' read aloud by the Clerk. mhe statement requests that the bus
service be terminated.
Chairman McKillop requested that a copy of this statement
be sent to the Chico City Council. The request will be discussed
at the next BCAG meeting.
P':a action taken at this time.
RECESS: 11:45
RECONVENED: 1:30
'73-.1181 PUBLIC__HEARING SET FOR VARIANCE RE MOBILE HOME
Public hearing was set for August 14, 1873, at 2:00 p.m.
on the following:
1. Lawrence E, Towner. Petition for variance to the
brovisions of Sections 1g-10 and/or 19-12 of the Butte County Code
to ;;~laee a mobile home on the proper` located at Rt. 1, Box 345
(Jones Ave.), Durham, also identified as AP 040-30-0-001-0.
Petition for variance to place a mobile home from Charles
Degischer, Paradise, discussed. Applicant does not qualify since
the zoning is "R-1 A&C". Clerk will notify applicant that he does
not qualify. Page 359.
July 24, 1973
73-1192 PUBLIC HEARING: LYLE CLOSE, APPEAL PLANNING COMMISSION'S
DECISION RE TENTATIVE PARCELMAP AP 53-15-111. (Copt*.d from 7-17)
Public hearing for Lyle Close, appea~.ing P~anningZ.ommission's
decision for tentative parcel map, AP 53-15-111, was held as
continued from July 17, 1973. Jim Lawson, planning Director,
reviewed the findings of the Planning Commission. Supervisor
Cameron questioned whether Mr. Close had contacted the Planning
Department regarding said map. Mr. Lawson stated that he had not.
Hearing opened to the public. Appearing: no one.
Hearing closed to the public and confined to the Board.
Map discussed. Supervisor Cameron stated that Mr. Close
had informed him at an earlier date that he was willing to bring
the access road to County standards. Additional conditions on map ,
discussed.
On motion of ,Supervisor Cameron, seconded by Supervisor Gilman
and unanimously carried, tentative parcel map for Lyle Close, AP 53-
15-111 was approved with the conditions of the Planning Commision,
and the added conditions that the 60` right-of-way be extended to the
south property line and be brought to County Standards, based upon
the findings that said conditions are necessary because of the
proposed density of the development to protect public health, safety
and welfare.
73-1193 PUBLIC HEARING:: LARWIN CORP.: APPEAL OF PLANNING COMMISSION'S
DENTAL OF APPLICATION For REZONING Ol' PARADISE PINES SKYWAY PLAZA
TRACT FROM "A-2" TO "C-C"
Public hearing for Larwin Corporation, by N.D. Geddes,
project operations mgr., appeal of Planning Commissions denial of
application for rezoning.of Paradise Pines Skyway Plaza tract from
"A-2" (general) to "C-C" (community commercial) ryas held as
advertised. Jim Lawson stated that the Planning Commission denied
this on an 8 to 0 vote.
Discussed whether the Board had considered commercial zoning
in Paradise at a previous time. N. D. Geddes, representing Larwin
Corp., stated that the company had filed for rezoning at one time,
but had withdrawn the request.
Hearing opened to the public. Appearing:
1. Mr. Geddes. He stated that it was a condition of the
final map for the area th~tLarwin apply for rezoning. Mr. Geddes
discussed. the rezoning and read his letter appealing Planning
Commission's decision. He stated that only about 25 acres. could
be used because of the steep terrain of the remaining acres.
Hearing closed t~ the public, and confined to the Board.
Supervisor Ladd felt this zoning SeEIL'S totally contrary to
the direction the Board has been taking. The water shed is fairly
limited. Zoning discussed.
On motion of Supervisor Cameron, seconded by Supervisor Ladd
and .unanimously carried, the Board concurred with the Planning
Commission for denial o_° the rezoning of Paradise Pines Skyway Plaza:
Chairman McKillop suggested that Larwin apply for a different
Page 360
July 24, 1973
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type of zoning which would include $ome commercial.
73-1194 PUBLIC HEARING: ANNEXATION OF TERRITORY TO COUNTY SE~tVICE
_AREA N0. 18 ADOPT RESOLUTION 73-128 APPROVING ANNEXATION
./ ~ic '•~ear}.ng for the annexation of territory to County
Service Area No. 18, was held as advertised. Chairman McKillop
explained that this is an annexation to a lighting district east
of Oroville, and includes only three or four lights on the Old
Quincy Highway. This has been approved by LAFCO.
Hearing opened to. the public. Appearing: no one.
Hearing closed to the public and confined to the Board.
Discussed. No written protests have been filed with the
Clerk.
On motion of Supervisor Gilman, seconded by Supervisor
Madigan and unanimously carried, annexation of territory to County
Service Area No. l8 was approved, and Resolution 73-128 was adopted
ordering annexation, and the Chairman was authorized to sign.
73-1195 PUBLIC HEARTNG: DONALD W. FRENCH, APPEAL PLANNING COMMISSION'S
DECISION FOR TENTATIVE PRI2CEL MAP.
Public hearing for Donald W. French, appealing the Planning
Commission's decision for tentative parcel map, AP 51-34-16, was held.
Jim Lawson set out the ac,ion taken by the Planning Commission.
The Commission recommended denial on a 7 to 2 vote. Time spent
discussing division of land.
Hearing opened to:the public. Appearing:
1. Mr. Donald .W. French. Mr. French Rxplained that he is
selling one parcel which is under one acre and plans to sell two
more parcels of one acre or more. He felt there would be no
problem with septic systems, as they would be away from 'Butte Creek.
He was willing to make a 60' right-of-way to the property.
Hearin~* closed to the public and confined to the Board.
Placing restricted lot splits on map discussed. Neil
McCabe, deputy county counsel, stated that the Board could do .~
this if trying to be consistent with the General Plan.
On motion of Supervisor Ladd, seconded by Supervisor
Cameron, and unanimously carried, tentative parcel map for
Donald W. French, AP 51-34-16, 2 lots, off Humbug Road, on Butte
Creek, above Chico (engineer: Walter B. Grimes & Assoc.) was
approved with the conditions of the Planning Commission and
the added conditions that there be no further divisions less than
one acre and the right-of-way be extended to 60 feet.
73-1196 PUBLIC HEARING: PHTLLIP C. HOUX, APPEAL PLANNING COMMISSION'
DECISION REGARDING TAU GAMMA THETA FRATERNITY
Public hear~.ng for Phillip C. Hoax, appealing the decision
of the Planning Commission revoking the use permit of Tau Gamma
Theta Fraternity to o-~~erate a fraternity house on the south side
of Santa Clara Avenue, west of Chico City limits, identified as
Page 361,
July 24, 1973
-- _ _ _ _ _ _ _ _ _ _ _ _ _ July-24, -1973 = - - _ __ _ _ - _ _ _
AP 42-1g-3g, was held as advertised. Jim Lawson explained
that the Planning Commission denied this on a 5 to 4 vote.
Hearing opened to the public. Appearing against
revocation:
1. Phillip C. Houx, attorney for Tau Gamma Theta Fraternity.
2. Rusty Areias, president of the Associated Students,
CSUC.
3. Dennis Eloe, president of Tau Gamma Theta Fraternity.
Dan Blackstock, county counsel, examined Mr. Eloe regarding
parking facilities at the fraternity house. Mr. Eloe described
the parking. Mr. Blackstock also questioned Mr. Eloe regarding
bands at their parties and amplification equipment owned by the
fraternity.
4. Mike Campos, past president of Tau Gamma Theta, member
of the housing corporation, and president of Tau Gamma Theta Board
of Governors. Mr. Blackstock questioned Mr. Campos regarding parking
at the fraternity.
5. Chuck Preusser, member of Tau Gamma Theta dousing Corp.
RECESS: 3:05 p.m.
RECONVENE: 3:15 p.m.
6. Father lynch, Chico..
Appearing in favor of revocation:
1. Dave Lantis, 3.616 Oak Park Avem~e, Chico.
2. Tim Marble, Chico.
3. Jim Brashear, Chico.
4. Thelma Cummings, Santa Clara Ave., Chico
5. Dorothy Hi11, Oak Park Ave., Chico. She presented six
photographs that were entered as exhibit "A".
6. John Stutz, River Rd., Chico.
7. Stella Richey, Chico.
Hearing closed to the public and confined to the Board.
Use permit discussed. Supervisor Gilman felt the fraternity
has had ample opportunity to work with the community, and although
he was sympathetic with the fraternity, he was also sympathetic
with the people living in the area.
It was moved by Supervisor Gilman and seconded by Supervisor
Ladd to concur with the Planning Commission for tie revocation of
the use permit of Tau Gamma Theta.
Dan Blackstock stated that with regard to the ordinance
Page 362.
July 24, 1873
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pertaining to this matter, the intention of the ordinance was to
give the party who has the use permit an opportunity to correct
the situation. Mr. Blackstock felt he could not advise the Board
that sufficient evidence has-been given that there has been a
continuation of the nuisance since this has been taken before
the Planning Commission. He recommended that the Board consider
additional conditions rather than revoking the use permit.
Time spent discussing the use permit.
Supervisor Cameron felt strong conditions should be placed on
the use permit, and the "open kegger" which has caused problems,
has now been outlawed by the school.
A graduation party held by the fraternity discussed. This
was held after Mr. Lawson's letter of May 16, 1973.
Roll call taken on motion of Supervisor Gilman:
AYES: Supervisors Gilman, Ladd and Madigan
NOES: Supervisor Cameron and Chairman McKillop
Supervisor Cameron Stated_he voted n.o because he felt the
Board did not have legal qualifications to revoi:e the permit, but
has qualifications to place more stringent conditions on it.
Chairman McKillop stated he voted no for the same reasons and bec:~use
of County Counsel's opinion.
Supervisor Madigan stated that he voted yes on this because
he felt the graduation party, which was after Mr. Lawson°s Ma.y 16th
letter, was in violation of the use permit.
73-1197 APPEARANCE: CLgUDE POPE, "R-1" ZONING FOR PARADISE
Claude Pope, Paradise, appeared at this time to request
extension of the "R-1" interim zoning in Paradise.
Mr. Lawson stated that this matter will come before the
Board next Tuesday for setting of hearing.
73-1198 PUBLIC HEARING: GERDA LYDON - P.EZONE FROM "A-2" TO "S-1",
CHICO
Public hearing for Gerda Lydon, et al, to rezone from "A-2"
~ganeral) to "S-1" (minimum-density suburban-residential) district for
an area generally described as located 660 feet north of Lupin Ave.,
from Cohasset Highway to 660 feet east of North Ave. and 660 feet
east of Cohasset Hwy. from Lupin Avenue to 660 feet south of Lassen
Ave., Chico, containing 40 acres :more or less, was held as advertised.
Mr. Lawson stated that Planning Commission approved the zoning on
a 9 to 0 vote.
Hearing opened to the public. Appearing:
1. Bob Novak. Mr. Novak explained that he owned 5 acres
on Cohasset Highway which he is in the process of developing. He
stated that he was unaware of the rezoning until recently and requested
that his parcel be excluded from the rezoning.
2. Phillip Lydon. Mr. Lydon had no objection to the
Page 363.
July 24, 1973
July_24,~1g7~
exclusion of Mr. Novak's property in the rezoning.
3. Mr. McCain, Chico.
4. Gerdy Lydon.
Hearing closed to the public and confined to the Board.
On motion of Supervisor Madigan, seconded by Supervisor
Ladd s.nd unanimously carried, the following was referred back
to the Planning Commission to consider the additional information
the Board had received at this hearing.
Supervisor Ladd stated that he had yhe impression that
notices would be sent to land owners for small rezonings such
as this.
73-1199 PUT OVIl~ : APPOINTMENT. TO GRIDLEY MEMORIAL HALL CONIl`'IITTEE.
Appointment to ridley Memorial Hall Committee was.
put over one week.
RECESS: x-:55 (The Board will reconvene at 8:00 a.m. on July 23, 19']3)
July 25, 1973
RECOT7VENED: The Board reconvened at 8:00 a.m. in the Board of
Supervisors Room for the purpose of budget study.
Present: Supervisors Cameron, Gilman, Ladd, Madigan
and Chairman McKillop. Clif Nickelson, Administrative
Officer, and Clark A. Nelson, County Clerk, by Margie
Catt, Board of Supervisors Clerk.
73-1200 APPROVAL OF MINUTES OF JULY 17? 1973
On motion of upervisor Madigan, seconded by Supervisor
Gilman and unanimously carried, the budget session minutes of July 17,
1973 were approved as submitted.
73-1201 BUDGET STUDY
Employee Benefits Budget
Matter of payment to the retirement fund for the 5% increase
approved for retired. employees discussed. Time spent discussing
how the payment should be made.
It was moved by Supervisor Gilman, seconded by Supervisor
Ladd and unanimously carried that Employees Benefits Budget be
amended to increase Line Item 182 by X132_,000 to cover the 5%
increase for retired employees.
On motion of Supervisor Gilman, seconded by Supervisor
Cameron and unanimously carried, Employees Benefits Budget was approved
as ame.~ad.ed.
In dais budget, under Redistributed by Fund F-16, Livestock
Indemnity, Supervisor Ladd questioned this figure set out in the
budget. It was stated that this figure had been computed by the
Auditor's Office. Discu~a~~i;38~ao action taken.
July 2~, 1973