HomeMy WebLinkAboutM072776~ ~
July 27, 1976
RECONVENED: The' Board reconvened at 4:00 a.m. Present: Supervisors Ladd,
Madigan, McKillop, Richter and Chairman Cameron. Clif
Mickelson, Administrative Officer; Dan Blackstock, County Counsel,
and Clark A. Nelson, County Clerk, by Margie Catt, Clerk of
the Board of Supervisors.
pledge of allegiance to the Flag of the United States of Americo
76-1264 APPROVAL OF MINUTES
On motion of Supervisor Ladd, seconded by Supervisor Richter and
unanimously carried, the minutes of Juiy 20 and 21, 1976 were approved as
mailed.
7b-1265 COMMUNIC4T10NS
Chico Grange 486. The Grange writes concerning tree problems along Rodeo
Avenue and the comer of Esplanade and Henshaw Avenue in Chico.
Referred to Clay Castleberry, Director of F~blic Wodcs.
pacific Gas and Electric Company. Upon a request of Orville and Giovanna Douglas,
the company states that they have no objection to abandonment of streets
and allays in the Western Pacific Addition as long as their right for an
existing 12KV power line is reserved in the resolution of abandonment.
ReFerred to Public Works and Planning Department.
State Farm Mutual Automobile Insurance Company. The Company forwards a property
damage claim in the amount of X773.68 as result of an automobile accident
May b, 1976 9n Chico. See motion following communications
Gloria A. Fisk, Oroville. Mrs. Fisk submits a property damage claim as a result
of an incident which occurred July 15, 1976 on Palermo-Honcut Highway.
See motion Following communications.
John M. Dilger, Oroville. Mr. Dilger submits a claim in an undetermined amount
as a vault of an accident which occurred resulting in bodily injury on
May 23, 1976 at Grand Avenue and Wighway 70 off-ramp.
See motion following communications.
Farmers Insurance Group. The Company submits a claim in the amount of X1,660
as a result of an accident in Chico on April 26,, 1976. See motion
following communications.
Consolidation of Elections. Resolutions have been received from the Chico, Durham, and
Paradise creation and Park Districts requesting consolidation with the
November 2 General Election for the purpose of electing district board
members. See motion following communications.
Millington ~ Millington, attorneys at law. The Attorneys, on behalf of Mary
Baker, request that the Board execute a disclaimer of interest involving
property of their client in which o judgment was entered on October I8,
E973. See discussion and action taken following communications.
page 25.
July 27, 1476
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James and Sallie Lavine, Pacific Grave. The LeVines' write concerning a road
maintenance agreement received from Graves, Geddies, Driscoll of
Oroville with regards to property in Bloomer Nbuntain area.
Discussed; referred to Clay Castleberry and County Counsel.
~ Robert Scott. Appeal of planning Commission's denial of tentative parcel map.
~ 3•D~' Set for hearing on August 17, 1976 at 1:30 p.m.
j Paula and Will White. Appeal the negative declaration that Environmental Review
// 3•~~ Committee made on July 13. Hold until Planning Director is present.
Arthur Grebow. Appeal decision of Subdivision Committee re Paul L. Stebbins
property. Hearing set for September 21, 1976 at 2:00 p.m.
Rollin Schortgen. Claim in amount of $250.00 for damage to automobile. Referred
to County Counsel.
Summons 8 Complaint. Friends of Butte County vs. County of Butte. County
Counsel explained the complaint which was served upon him For
the County. Action referred to County Counsel. (summons &
Complaint in his possession).
George and Jacqueline J. Mardon. Request for exclusion from Resource Conservation
District. ReFerred to County Counsel.
Emest H. Campbell. Writes concerning assessments placed on property in the County.
Feels that it is taxation without representation. Read; no action.
76-1266 REJECTION OF CLAIMS
On motion a Supervisor MclCillop, seconded by Supervisor Madigan and
unanimously carried, the following claims were rejected and referred to County
Counsel and insurance carrier:
l . State Farm Mutual Automobile Insurance Company, in the amount of
$773.68 for accident that occurred on May 6, 1976.
2. Gloria A. Fisk, Oroville, for windshield damage, which had
occurred on July 15, 1976 at Palermo Honcut Highway.
3. John J. Dilger $ Katherine E. Filger, for an :undetermined
amount, due to acciden# that occurred on May 23, 1976 at Grand Avenue and
Highway 70 off-ramp, causing injuries to John J. Dilger, Katherine E. Dilger and
Aramando Dilger.
On motion of Supervisor Madigan, seconded by Supervisor Ladd and
unanimously carried, the claim of Farmers Insurance Group in the amount of $1,660
as a result of an accident in Chiaa an April 2b, 1976 was rejected on the grounds that Board
o~ f Superyisors.' could not determine the gctupl, facts relating to this accident.
76-1267 ADOPT RESOLUTION 7b-124 CONSOLIDATING CHICO, DURHAM AND PARADISE
RECREATION AND PARK DISTRICTS WITH THE NOVEMBER 2 GENERAL ELECTION
On motion of Supervisor Ladd, seconded by Supervisor Madigan and
unanimously carried, Resolution 76-124 consolidating the Chico, Durham and Paradise
Recreation and Park District with The November 2 General Election for the purpose of
election of district board members was adopted and the Chairman authorized to sign.
Page 26.
July 27, 1976
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76-1268 AUTHORIZE EXECUTION OF DISCLAIMEROF COUNTY INTEREST IN
PROPERTY OF MARY BAKER
i ington & Mi ington, attorneys at law, on behalf of Mary Baker,
request that the Board execute a disclaimer of interest involving property of their
client in which a (udgment was entered on October IB, 1973.
Bob Mill ington, attorney at law, set out the background of this request.
County Counsel had researched the records and there are no bills outstanding;
all bills had been pnid~by Madi-Care. Welfare Department reports that there
were no General Relief payments made in this matter.
At this time, Mr. Millington requested that a disclaimer be authorized
to be executed by the Chairman..
Request discussed.
On motion of Supervisor Ladd, seconded by Supervisor Madigan and
unanimously carried, the Chairman was authorized to sign a disclaimer of
interest, involving the property of Mary Baker.
76-1269 TREASURER AUTHORIZED TO PURCHASE THE LASSEN AVENUE
ASSESSMENT DISTRICT t30ND5, IN ACCORDANCE WITH COUNTY COUNSEL'S DIRECTICI`
Dan Blackstock, County Counse , reporte t at t on s for Lassen Avenue
Assessment District have been received, The Board had directed the Treasurer to purchase
the II bonds that were in question. Carl Morton, County Treasurer-Tax Collector, had
some question regarding the action the Board had taken. He is requesting that the
Board authorize him to purchase the bonds by minute order.
On motion of Supervisor Ladd, seconded by Supervisor Richter and
carried, Treasurer was authorized to purchase the Lassen Avenue Assessment District
bonds that were under question, as an investment, ins accordance with County
Counsel's direction.
76-1270 COUNTY COUNSEL TO PREPARE RESOLUTION REQUESTING GOVERNOR TO
DIRECT STATE LEGISLATURE TO ADOPT PLAN TO PREVENT SITUATION NOW
AFFECTING FARMERS WITHIN THE STATE
Supervisor Ric ter state t at t agriculture element is big industry to
this county. The cannery strike is close to settlement but there are many farmers
in the County that have suffered and will further suffer due to this strike. Fie said
he would like to have the Governor request the State Legislature to provide some
type plan #o prevent this type catastrophe. This type strike is the worst thing
that could happen to farmers. He hoped that this County could send a resolution
to the Governor asking him to request the State Legislature to provide some type
legislation to prevent this type situation happening again.
Request discussed. County Counsel will draft a proposal for Board
adoption later in the day.
On motion of Supervisor Madigan, seconded by Supervisor Richter and
unanimously carried, a telegram was authorized to be sent to the Secretary of
Agriculture requesting the evoking of the Taft-Hartley Act.
Page 27.
Duty 27, 1976
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78-1271 AUTHORIZE ADVANCE OF GENERA!. FUNDS TO COVER VOCATIONAL EDUCATION
GRANT EXPENDITURES ON A REIMBURSEMENT BASIS
T State Department o E ucation as a vised that there will be a short
delay in the advancement of grant funds for the operation of the clerical vocational
training schools. The Manpower Planning Council recommends in order to continue
the school activities that the County authorize general funds to be advanced for
current expenditures on a reimbursement basis and that the necessary contracts for
equipment and space rental be authorized. Time spent discussing the request.
On motion of Supervisor McKillop, seconded by Supervisor Madigan and
unanimously carried, advance of general funds in the amount of $S,QOQ to cover
program expenditures on a reimbursement basis and the necessary rental contracts
was authorized.
76-1272 APPROVE CETA. TITLE I GRANT
T e npower ann ng Council has prepared the CETA Title I grant program
for fiscal year 1976-77. The grant program in the amount of $752,$52 provides for
the continuation of the Adult Programs including work experience and on-the-job
training and the Summer Youth Program.
On motion of Supervisor McKillop, seconded by Supervisor Richter
and unanimously carried, the CETA Title I grant ems approved and the Manpower
Director authorized to sign.
76-1273 MERIT SYSTEM RESOLUTION: PUTOVERONE WEEK
The resolution establishing the cdmirsis#ering rules~or the standarized
merit system has been prepared. The ~•i+esolution has been reviewed by the
Employees' Association, county management, and the State. Board members received
this in their packet yesterday and felt that more time was needed to study the
resolution .
Action put over one week.
7b-1274 DECLARE WATER TANK SURPLUS a AUTHORIZE DISPOSAL OF SAME
T pu is wor s epartment requests t at a 5, ga on water tank be
declared surplus. It is recommended that the water tank be transferred to the Cohasset
Volunteer Fire Company who has a need for such a tank.
On motion of Supervisor McKillop, seconded by Supervisor Richter and
unanimously carried, water tank was declared surplus property and transfer to the
Cohasset Volunteers authorized.
76-1275. ADOPT RE5OLUTION 76-125 APPROVING AGREEMENT FOR OBSERVATION
AND TEMPORARY DETENTION WETH YOUTH AUTHORITY
On motion o perv~sor a , seco e y upervisor McKillop and
unanimously carried, Resolution 7b-125 approving agreement with Youth Authority
for observation and tempo nary detention was adopted and the Chairman authorized
to sign.
76-1276 ADOPT RESOLUTIONS 7b-126 &7b-127 COUNTY SERVICE AREA NO. 26,
ESSUANCE OF FHA BONDS
Attorney for County Ser~l~eAgga No. 26 forwards proposed resolutions
July 27, 1976
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__________________1u1~27t19~fs.=-==______________
for the issuance of County Service Area No. 26 bonds in the sum of $89,p00
and for publication of notice of sole. These represent the next step in complying
with the "letter of conditions" approved on ,lu1y 6, 1976.
On motion of Supervisor Richter, seconded by Supervisor Ladd and
unanimously carried, Resolutions 76-126 and 76-127 for the issuance of County
Service Area No. 26 bonds in the sum of $89,000 and for publication of notice of
sale were adopted and the Chairman authorized to sign, subject to approval by
County Counsel.
76-1277 AUTHORIZE AUDITOR TO CANCEL INTEREST ON UNSECURED TAX BILL
T Treasurer requests, upon a vice o ounty Counse , t at t e interest on an
unsecured tax bill assumed by Roy and Jeannie White be cancelled. Estimate of
interest $171.15.
On motion of Supervisor Richter, seconded by Supervisor Lodd and
unanimously carried, the Auditor was authorized to cancel interest if account is
paid in full 6e fore August 1976.
76-1278 PRELIMINARY REPORT ON AUDIT OF CCCJ NARCOTICS TASK FORCE:
AUDITOR AUTHORIZED TO PROTEST AUDIT AND THE DISALLOWANCE
In ormation presente y Au itor regar Ing pre iminary report on audit
of CCCJ Narcotics Task Force discussed.
On motion of Supervisor Ladd, seconded by SupervisorMadigan and
unanimously carried, the Auditor was authorized to proest and to get it in in
a timely manner the audit and the disallowance set out in the audit;,of CCCJ
Narcotics Task Force.
76-1279 AUTHORIZE PUI~HASING AGENT TO PLACE SURPLUS TREES OUT TO BID
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unanimously carried, the Purchasing Agent was authorized to place the surplus
trees out to bid.
76-1280 APPROVE AGREEMENT FOR SALE, ACCEPT DEED AND ADOPT
RESOLUTION76-128 AUTHORIZING ABANDONMENT OF PORTION OF
OROVILLE-QUINCY HIGHWAY
On mot ono upervisor McKillop, seconded by Supervisor Richter and
unanimously carried, the following action was taken:
I . Approved agreement for sale, authorized Chairman to sign and
authorized Auditor to issue warrant upon demand of County's escrow agent on
following:
Big Bend Read P.G. 8 E. 0.815 acres $408 No impr. Total $408.
54545E-75-I
Oro-Quincy B. J. Robertson - - - - Exchange
2. Accepted • deed From B. J. Robertson, Oro• -Quincy Highway (27561-73-I ),
"A", and the Chairman was authorized to sign the certificate of acceptance.
3. Adopted Resolution 76-128 authorizing abandonment of a portion
of Oroville-Quincy Highway that is no longer needed for road purposes and the
Chairman was authorized to sign Quit (:laim Deed conveying that portion of the `
Oroville-Quincy Highway nod needed for roadway purposes to B. J. Robertson
Page 29. July 27, (976
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July 27, 1976
et ux as a condition of right-of-way acquisition on the Oroville-Quincy Highway
project, and the Chairman was authorized to sign said Resolution.
7b-1281 APPROVE AGREEMENT FOR EXCHANGE AND HOUSE RELOCATION-DAYTON ROAD
ayton Rna connection to S.R. , uise D. Housman, of exe ange an
relocation explained. This involves a resident an the realignment. public Works
proposes that Mrs. Housman allow the County to take her house and move it to a lot
on Warner Street. The County will purchase the lot for $8,506 on Warner Street.
Mrs. Housman is in favor of the moving of the house ro the lot on blamer Street.
Agreement discussed.
On motion of Supervisor Richter, seconded by Supervisor Madigan and
unanimously can-ied, the following action was taken:
I. Approved the following agreement, authorized Chairman to sign and
authorized Auditor to issue warrant upon demand of County's escrow agent:
Dayton Road @ W. Lewis Bldg. $8,500 No impr. $$,500
S.R. 32 (Lot purchase) Lot
2. Approved agreement for exchange and house relocation for Dayton Road ;
Connection to S.R. 32, Louise D. Housman, lot exchange and relocation -$200, •
authorizied Chairman to sign and authorized Auditor to issue warrant upon demand of County's
escrow agent.
7b-1282 APPROVE AGREEMENT FOR CHICO CLIPPER CONTRACT
Contract as en reviewed and approved y t e C ico Clipper Study
Committee. Contractor has incmased ticket cost from $I.B5 to $1.95 to cover cost
of audit and increased labor and vehicle cost. Clay Castleberry, Din:ctor of
Public Works, explained that they have been working with the two Chico Supervisors
and the City of Chico Council, Proposal set out and discussed.
Discussed funds within the budget for these operations.
Supervisor Richter asked Mr. Rowe if the elderly would be willing to
accept an increase in their share for the rides. Mr, (bows said they would pay
rather than walk, but their income is very low.
Supervisor McKillop felt this service should be county-wide. Ali the
people should have the same advantage. Mr. McEnespy said there are funds
in the budget for Oroville, Gridley, etc.
It was moved by Supervisor Richter, seconded by Supervisor Madigan and
carried, that the agreement with Michael Chase and David Kamp for Chico Clipper
5erviae be approved, subject to approval by City of Chico and approve renewal of
agreement with the City of Chico, and subject to 6pdget approval, and the
Chairman was authorized to sign.
AYES: Supervisors Madigan, McKillop, Richter and Chairman Cameron
NOES: Supervisor l..add
Supervisor Ladd said as al aliemative to the motion, he would like to
Page 30.
July 27,f97b
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suggest that if the County is going to subsidize transportation they set up a means
of reimbursing citizens .50 any plane in the County. He felt this suggestion would
be fair to ail the people. Supervisor Richter agreed that the intent was good, but
the suggestion would be impossible. Suggestion discussed; no action taken.
RECE55: 10:25
RECONVENED: 10:40
76-1283 PUBLIC HEARING: H. 5. WILDER: APPEAL OF PLANNING COMMISSION`S DENIAL
Of VARIANCE TO ALLOW A GARAGE 4~ FEET FROM PROPERTY LINE, NORTH SIDE
OF VALLEY VIEW DRIVE PARADISE
T pu is caring on t e H. S. Wilder appeal of Planning Commission's
denial of a variance to allow a garage 4~ ft. from the property I(ne located on the
north side of Valley View Drive, approximately 1,600 feet west of Oliver Ib~ad,
Paradise, was held at this time. This would be for a six inch variance to place the
garage. They would be reducing the over-all width from 20' to 19.5 feet.
Site and request discussed. Mr. Lawson did not take part in the discussion
as he lives in the area of this site.
Hearing opened to the public. gppearing: John Hamby, representing
Mr. Wilder. Conditions explained. There is an existing garage on the site that
Mr. Wilder is going to retain. If the request is not approved, the garage would have
to be removed.
Wearing closed to the public and confined to the Board.
On motion of Supervisor McKillop, seconded by Supervisor Madigan and
unanimously carried, the variance to allow a garage 4~ feet from' the property line
locotedo n the north side of Valley View Drive, approximately 1,600 ft. west of
OI fiver Read, paradise was granted to H. 5. Wilder, with the findings that due to
special circumstances this would be for the health, safety and welfare of the
individuals.
76-1284 PUBLIC HEARING: JAMES WARREN-APPEAL OF PLANNING COMMISSION'S
DENIAL OF A VARIANCI: TO ALLOW A CARPORT THREE FT. FROM PROPERTY LINE
fOR PROPERTY LOCATED ON SOUTH SIDE OF LINDALE AVE., RICHVALE
The public hearing on the James Warren appea o P arming Comm ssion's
denial of a variance to allow o carport three ft, from the property line for property
located on the south side of Lindale Avenue, approximately 350 ft. west of Second
Street, Richvale, was held at this time. Jim Lawson, Planning Director, set out
the background of the appeal.
Nearing opened to the public. Appearing:
I. James Warren, applicant. He presented a rough sketch of the plan
for the house and the garage. The alleyway is not trpversable during the winter time
and could not be used as access to the garage.
Hearing closed to the public and confined to the Board.
On motion of Supervisor Ladd, seconded by Supervisor McKtllop and
Page 31. July 27, 1476
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unanimously carried, the variance to allow a carport three ft. from the property line for
property located on the south side of Lindale Avenue, approximately 350 ft. west of Second Str
Street, Richvale, was approved, with the findings that it is for the best interest
of the people and due to the type soil of the alleyway.
76-1285 APPROVE COMMON USE AGREEMENT, OROVILLi:-QUINCY HWY., FAS PR0.1046
vn manvn or ~vpervrsor mcRiiiop, seconaea oy Supervisor NWdigan and
unanimously carried, the common use agreement for Oroville-Quincy Highway,
FAS project (046(3} between County of Butte and P.G. & E, was approved and the
Chairman authorized ro sign.
76-13i3b ADOPT RESOLUTION 76-129, MAINTENANCE OF TRAFFIC SIGNALS
_................. ,,..,..,......, .. .., ~..,....~...,r ~~~rvraan wwuiyan ana
unanimously carried, Resolutcn 76-129for maintenance of traffic signals was
adopted, Chairman authorized ro sign, and the Auditor authorized ro iswe warrant
in the amount of $2,500 and deposit with CALTRANS.
76-1287 DISCUSSION: BRIDGE REPLACEMENT APPLICATIONS: PUBLIC WORKS
AUTHORIZED TO DO PRELIMINARY DESIGN WORK ON TABLE MT. BRIDGE
Pu is Wor s as w mute Ta a Mountain Bri ge and Goo spee - att
Bridge at Butte Creek for replacement under federal programs for replacement of
substandard bridges. Table Nbuntain Bridge has possibility of replacement with two
years based on 75-25% participation for 1 to I~million dollar cost.
Mr. Castleberry explained the replacement of the wb-standard bridges.
The Table Mountain Bridge has been a problem bridge for years; it is too narrow
and both approaches should be modified and re-built. The Federal Government would
provide 75% of the Funding.
Bridges discussed.
On motion of Supervisor McK111op, seconded by Supervisor Madigan and
unanimously carried, Publie Works was authorized to do the preliminary design on
the Table Mountain Bridge and have a preliminary environmental process commenced.
76-1288 AUTHORIZED CITY OF BIGGS SEAL COATING
On motion o Supervisor La ,seconded y Supervisor McKillop and
unanimously carried, the seal coating for the City of Biggs at County Cost was
authorized.
76-1289 AUTHORIZE PUBLIC WORKS TO PROCEED WITH ROAD PROJECTS FOR
FISCAL YEAR 1976-77 & TO RECONSTRUCT PENTZ-MAGALIA HIGHWAY AT
FEATHER RIVER HOSPITAL.
rolects iscusse All the projects have been reviewed by the Board.
The projects are all needed, they are out of next years funding.
On motion of Supervisor Ladd, seconded by Supervisor McKillop and
unanimously carried, the following action was taken:
I. Authorized Public Works to proceed with the following projects:
a. Roseben Avenue -HUD project. Authorized preparation and placement -'
Page 32. °f ~~ by Covnty crews.
July 27, 1976
b. Bangor Park Road. Authorized contracting bmse supply and deliver,
preparation and seal by County crews.
c. Robinsons Mill Rood. Authorized project using County gravel from
Darby pit. Placement and oil and chip by
County crews. Authorized ~ to be transferred
to Upham Road for 1,500 foot project adjacent
to cemetery and community park.
d. Coutelenc Road. Authorized planning to determine amount of
project to be contracted.
2. Approved plans and specifications for reconstruction of Pentz-Magalia
Highway at the Feather River Hospital, authorized Chairman and Director of public
Works to sign plans, adopt wage scale, and set bid opening at 11;00 a.m. ,Public
Works Office, August 19, 1976.
76-1290 INFORMATION AND DISCUSSION ITEMS
a. Garner Lane an State Route , CALTRANS Safety Project,
Mr. Castleberry reported that the State plans to do some substantfa) safety
improvements at this location, with a left lane pocket, etc.
b. Honeyrun Covered Bridge Restoration Project nomination for
national award. Mr. Castleberry said he had given permission that this Bridge
be nominated for the national award.
c. Sacramento Hank Protection -Nord area. Mr. Castleberry said a
letter is in the mail to the Board from the Board of Water Resources of a meeting
dote to inspect this project. It is to be inspected by the State and They would
tike someone from the Board to go along on the inspection. Supervisors Madigan
and Richter and Mr, Castleberry will represent the County at the inspection
meeting.
d. Abandoned vehicle program. Mr. Castleberry said that no
change is proposed in the program.
76-1291 PUBLIC HEARING: JOHN W. HAMBY-APPEAL OF CONDITIO N ~5 OF APPROVAL
REQUIRING INSTALLATION OF CURB, GUTTER 8 S IDEWALKS: SHARON 8. W. WARD
Hearing on the John W Ham y appea of Condition 5 of approva requiring
installation of curb, gutter and sidewalk for tentative parcel map, AP 52-024-57, 2 lots,
south of Sunset Drive, west of Olive Road, Paradise for Sharon & Wpyne Ward was
held at this time. Pb action taken as this matter had been deleted from the map at an
earlier Board meeting.
76-1292 PUBLIC HEARING: STEVE 8. MARSHA GRAGE, etal REQUEST TO INITIATE
ADMINISTRATIVE ACTION TO IMPOSE INTERIM TM-20ZONING FOR AREA
PRESENTLY ZONED TM-5, COHASETT: ADOPT ORDINANCE NO. 1739
The public hearing on the Steve c~ Mars a Grage, eta ,request to
initiate administrative action to impose interim TM-2D zoning for an area presently
zoned TM-5 located in Cohasset was held at this time. This is For an isolated
block of land in Cohasset. Background of the area set out by Mr. Lawson.
Hearing opened to the public. Appearing;
Page 33.
Ju 1y 27, 1976
_______________= Ju=I~r27~ 1976 ____--__________
I. Marsha Grape. She stated that at this point they have 50% of the
signatures of the property owners favoring the rezoning. There ore 14 parcels involved;
one of the parcels has been divided. All parcels in the area ore 20 acres or more.
Mrs. Grape felt that if the interim zoning were lobe placed upon the property, they
would be able to aomplete the permanent zoning by the expiration date of the
interim zoning.
2. Jahn Stutz, Chico. Spoke in favor of the rezoning.
3. Mr. Wallen Carlson, Chico. Spoke in favor of the rezoning.
Hearing closed to the public and confined to the Board. Zoning
discussed.
On motion of Supervisor Richter, seconded by Supervisor Madigan and
carried, Ordinance 1739 approving interim TM-20 zoning for the above area
was adopted for a period of 120 days, and the Chairman was authorized to sign,
with the finding that the divisions that would take place at this time would net be
in the public interest and ~that•.the interim`zoning wou•Id•be for•fhe health, safety
and wel'fare' of the liedple'in• the ~area.• : ~ _ ~ , ,
AYES: Supervisors Madigan, McKillop, Richter and Chairman Cameron
NOES: Supervisor Lodd
76-1243 APPEARANCE: MARY VAN GILDER-COMPLAINT REGARDING •'
HEALTH HAZARD, THERMALITO
Mrs. Mary Van Gi der, T ermalito, stated that some of the residents had
met and felt the Board should be made aware of a health hazard on Keko Street
in Thermaiito. Thls man has 200 to 300 robits on his property; he also has a
horse and cow. One horse died last week from starvation and was left dead in
the sun for two days before he was hawlsd~ away. The residents are complaining
about the stench and flies in the area caused by this hazard. Is there anything
they can do to help alleviate the problem.
Mrs. Van Gilder stated they have filed a complaint with the District
Attomey and the Health Department. Public nuisance petitions have been signed by
the residents and have been filed with the complaint.
Dan $lackstock, County Counsel, stated that it sounds as though the
District Attomey is following procedure to handle this as a public nuisance
complaint. They are working with James Thompson, a deputy District Attorney.
It was Mr. Blacksrock's feeling that the Board wait and see if the District Attorney
is going to bring an action in the matter.
Copies of the petitions and complaint filed with the Dishict Attorney
were filed with the Board at this time.
Suggestion regarding rezoning the area discussed. At the present time
the area is zoned A-2 and it was felt it should be rezoned to a A-S-R district.
Due to the emergency situation of the health, welfare and safety of these people,
it was felt an interim ordinance could be adopted to rezone the area.
Page 34.
July 27, 1976
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County Counsel will convey the Boards concern to the District Attorney.
Resident to discuss the matter of rezoning and an interim ordinance
will be prepared.
Mr. Charles Pitt, Keko Street, spoke regarding the stench and the
terrible problem of the flies due to this hazard.
Mrs. Virpie Hall, Keko Road, spoke concerning the problem of the
property owner •in question • • -~ ;shooting dogs in his yard. This is a hazard
to the smolt children in the area.
76-1294 ADOPT RESOLUTION 76-130 OF INTENTION TO ABANDON ROAD
RIGHT OF WAY ON BIDWELL AVE., CHICO: HEARING SET FCaR AUG. 31
On motion of Supervisor Ladd, se cone y 5uperv~sor Ric ter an
unanimously carried, I~solution 76-130 of intention to abandon a road right-of-way
on Bidwell Avenues, east of easterly line of Cussick Avenue, was adopted,
Chairman authorized to sign and hearing date set for Avgust 31, 1976 at (0:30 a.m.
76-1395 TENTATNE PARCEL MAP5 APPROVED
On mot ono Supervisor Ric ter, seconded by Supervisor Ladd and
unanimously corried, the following tentative portal maps recommended for
approval were approved, subject to conditions, and with the findings that
they have been found to be consistent with the Butte Covnty General Pion and
that negative declarations have been filed with the County Clerk:
'd R-3 Norman Polk €, Earl iVorthington, AP 53-03-40,
. 9-12 du/ac 41, i; 42, 3 lots, west side of ~iaxwel] Drive,
at intersection with Central Park ]hive,
Paradise. Surveyor: John TV. Iiamhy
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uant to the reduirements of. Section 2f).3 of the Rutte County Code,
tentative parcel map of the above identified Property has been re-
ed by the Butte County Subdivision Committee and the Planning
fission.
a Sub division Committee and the P1Rnning Commission recommend.
~roval of the tentative man, subject to the following conditions:
Indicate a 50 ft. leach field free setb ack along the west p ronerty
line on AP 53-03-41.
1.
2.
3.
a.
5.
A
th
ma'.
an
Construct full urban improvements, i.e., curb, ~:tter, and side-
walks along property frontai!e.
Deed to the County of Autte 30 ft. ril;ht-of-way from the center-
line of Maxwell Drive.
Indicate a SO ft. building setback from the centerline of Aiaxzaell
Drive.
Show all easements of re card on Lhe final map.
Negative Declaration Rel?ardinp Environmental Im»act was filed with
County Clerk on Atay 24, 1976, finding the proposal is in confor-
~ce with the General Plan, zoning f, uses in the area and on the site,
d is necessary to correct an illecal narce79n a s;t,tati~n_
July 27, 1976
~i ~'`•
C Z. C ..... c C C C C ~7Y ~T..~SI~C f7 0.'" i{' r S R- .~ ~~~~~~~ C~ m C 6 C C
1.
Z.
3.
4.
Zoned A-2 F, A-20 Garrison Patrick, AP 39-Ob'40, 42 ~ 43, AP 39-
G.E. Orchard F1 22-30 and AP 40-05-26, 3 lots, west side of
Field Crops `•lidway, south o.f Hegan Lane, Durham. Engineers
D. R. Roper
Pursuant to•the requirements of Section 20.3 of the Butte County Code,
the tentative parcel map of the above identified property has been re-
v~ewed 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:
Verify legal parcel.
Deed to the County of Butte 30 ft. right-of-way from the centerline
of Midway on Parcel 1, 2 $ 3.
Show all easements of record on the final map.
Delineate on final map that area shown as "not a cart" as Parcel
3.
A Negative,Declaretion Regarding Environmental Impact was filed kith
the' County""Taerk on .June 28, 176, finding the proposal is in canfor-
mance with the Butte County General Plan.
All! reasonable efforts should be made to protect Agriculture, not only
ford its economic advantages to the County, but, as an important and
desirable use of the land which establishes many of the values for
urban areas.
Agricultural land should be preserved against piecemeal urbanization
whiclz would tend to adversely effect the economic potentials of this
important segment of the County's base .
IIn providing for urban growth and expansion, the fertile areas should
Ibe preserved, wherever possible, to encourage prior use of land that
Chas less Agricultural potential.
Zoned A-R Pacific Telephone Co., AP 34-33-88, 2 lots, north-
G.P. 5-8 du/ac east corner of IVyandotte Road F, Central Ave., {
Oroville. Engineer: Graves, Geddis F, Driscoll `
Pursuant to the requirements of Section 20.3 of the Autte County Cade, ~
the tentative parcel map of the above identified property has been re-
vi~wed by the Butte County Subdivision Committee and the Planning
Commission.
Subdivision Committee and the Planning Commission recommend
royal of the tentative map, subject to the .following conditions:
I.
2.
Place statement on final map that there be no development on
Parcel Z until connected to City of Oraville sewer.
Construct full urban improvements, i.e., curb, gutter, and side-
wa lks . -- .. -
Page 36.
July 27, 1976
~,.~ ~
i `.1v
~a~c-========mCt~L~''~c~t~~s¢c ss=ccs~ooaaeom
3.; Deed to the County of Rutte 40 ft. right-of.-wRy from the centerline
of Central Ave. F, Wyandotte Raad, ar as requiretf by the Dept. of
Public Works.
I
4.j Indicate a S5 ft. building setback from the centerline of Central
Ave. F, Wyandotte Road.
S. Show all easements of record an the final map.
i
A Negative Declaration Regarding Environmental Impact was filed with
the County Clerk on June 28, 1976, finding the'pronosai is in confor-
mance with the Butte County General Plan, the zoning covering the
pr'perty, and uses in the general area ._` _ _-
Zoned A-5 Howard E. Rell, AP 72-15-13, 4 lots, north side
G.~ f3rchard F, of '"fission alive Road, east of nunstone Drive,
Field Crops Oroville. Engineer: Graves, Geddis F, Driscoll
Pusuant to the requirements of Section 20.3 of the Butte County Code,
the tentative parcel map of the above identified Property has been re-
viewed by the Butte County Subdivision Committee and the Plannin p.
Commission.
I
The Subdivision Committee recommended denial of the tentative parcel
map, inasmuch as the parcels do not meet the minimum criteria of the
Health Dept. for installation of septic tank systems. The Planning
Commission granted an exception, and recommends approval subject to
the following conditions:
i.~ heed to the County of Butte 30 ft. right-af-way from the centerline
~ of ?Mission Olive Road.
I
Z. Provide traversable access.
3.i Indicate a SO ft. building setback frnm the centerline of h~ission
~ Olive Road and the access easement.
A.~ Show all easements of record on the final map.
I
5. I Provi~.e. a setter from the nrov9.21e-iyandotte Irrigation District
~ givinf* permission to the owner to cross under the ditch.
6.! Proof of water or plate a statement on the man that no'evidence of
domestic water is available.
7.~ Indicate a 100 ft. leach field free setback along the up-hill side
of the 4,9ID ditch and a S~1 ft. leach field free setback along the
lower side.
A Negative Declaration Regardinfi Environmental Impact was filed with
they County Clerk on June 28, 176, finding the proposal is in confor-
manco with the present zonin~- covering the Property and uses in the
s~ur;rounding area.
All
for
des
urb
reasonable efforts should be Wade to Protect Agriculture, not only
its economic advantages to the County, but, as an important and
gable use of the land which establishes many of the values for "
sn areas . ~ .
_ _ _ ..,_... Page 37, ._ . ~.. ~.~. --
July 27,;1976
~ r"'1
=C. C...=~C~ C S6=~C C~17 =~C~CC ~~~~ ~-~ G[~C~ C___~
Agiieultural land should be preserved against piecemeal urbanization
~uhich would tond to adversely effect the econor;ic Potentials of this
important segment of the County's base.
Iniproviding for urban growth Anrl-expansion, the fertile areas should
bedpreserved, wherever passible, to enceuraye prior use o£ land that
has less Al;ricultur~el Potential.
76-129b DENY TENTATIVE PARCEL MAP: ROBERT SCOTT
On motion of Supervisor McKi op, secon ed y Supervisor Madigan
and unanimously carried, the denial of tentative parcel map of Robert Scott,
AP 22-24-92, 3 lots, east side of Kofford Avenue, north of Gridley-Colusa Hwy.,
Gridley, was approved as recommended by Planning Commission, with the finding
that it was a poor parcel design.
76-1297 REVIEW OF CODIFICATION OF ALL EXISTING BUTTE COUNTY ZONING
ORDINANCES INTO CHAPTER 24 OF BUTTE COUNTY CODE, WITH ADDITIONS
AND SUBSTANTIVE CHANGES (CONTINUED FIiaM7/13/76)
T e iscussion on review o co i ication o a existing Butte County zoning
ordinances into Chapter 24 of the Butte County Code, wii'h additions and substantive
changes. Dan Blackstock, County Counsel, stated that the proposed changes made
by the Board were incorporated within the orcJinante. The ordinance should now
be referred back to Planning Commission for their study and recoimxsendations.
On motion of Supervisor Richter, seconded by Supervisor McKillap and
unanimously carried, the proposed ordinance for codification of all existing
&rtte County zoning ordinances into Chapter 24 of the Butte County Code was
n:ferred back to the Planning Commission for their findings and recommendations.
76-1298 APPROVE REAPPOINTMENTS TO ASSESSMENT APPEALS BOARD
On motion o Supervisor i op, se cone y Superv sor Ladd and
unanimously carried, the following appointments were approved to the Assessment
Appeals Board;
Chet Rnmsey as a regular member of the Assessment Appeals Board for a
term of three years
Stanley Pittman, as the hearing officer of the Assessment Appeals Board ,
reappointed for a three year term.
76-1299 DISCUSSION: CCCJ GRANT APPLICATION-COURT WORK REFERRAL PROGRAM
court work referral program with both courts. This is not simply a application being
n:quested by Judge Houghton. Judge Houghton had been asked by the other
Judges to serve as the Chairman of the committee regarding this application.
Supervisor MclCillop stated that Judge Savage gave him the righF to speak for him
as he is out of town on a trial. This program was discussed with Judge Savage.
He has a pilot program going but he feels it needs to have an individual to council
and go ouT Fnto the area and be able to produce jobs for these people to work on
to pay their #ines. Work Fhat could 6e done discussed.
Supervisor Richter said he does not understand why Probation could
not handle this. The program needs to have someone to head it up.
Needs of the program discussed.
Page 38.
July 27, 1976
f~ r" t
76-1302
Hearing closed to the public. amd confined to the Board.
There was a discussion as to the lot sizes and the type of road.
34r. Hamby, Paradise came forward and stated thaC Mr. 5ypherd
It was stated that fhe Board was not ready to take action an this today.
Mr. Mickelson will contact•Judge Houghton and ask her to appear at her
convenience to talk to the Board about this program.
75-1300-FIRST READING WAIVED: ORDINANCE FOR SET'.ING ASSESSMENT RATES
ON COUNTY SERVICE AREA NO. 13
Dan B ac stoc , Gounty ounsel, spoke concerning the ordinance setting
assessment rates on County Service Area No. 13. Modification to the ordinance
set out by Mr. Blackstock. Method of charging off costs of the district explained
by Jim Johanson, assistant County Auditor. General county costs ore billed to
the service area.
On motion of Supervisor McKillop, seconded by Supervisor Richter
and unanimously carried, the first reading of the ordinance `establishing procedures for
charges•for-service's in County Service Arebs=was waived.
RECESS: 12:00
RECONVENED: I:30 p.m.
76-1301 ADOPT ORDINANCE 1740, INTERIM REZONE R-I FOR AREA SOUTH OF GRAND,
WEST OF 12th STREET, EAST OF 14th STREE~,I N KEKO STREET AREA, THERMALITO
Rn motion of Supervisor Ladd, seconded by gupervisor Richter and
unanimous y corned, Ordinance 1740 was adopted, Chairman authorized to sign,
and Board set a period of 120 days for said interim rezone. Rezone referred to
Planning Commission for consideration of permanent zoning. Firdings; that it is
for the best interest, he'allth and welfare of the people of the area.
lilECONSIDERATION OF TENTATIVE PARCEL MAP FOR WILBER SYPHERD, AP 65-10-24,
The reconsideration of tentative parcel map for Wilber Sypherd,
65-10-24, 4 lots, west side of Skyway, near DeSabla Reservoir was held
this time.
Discueaion as to why the tentative parcel map had been denied set out.
Bearing opened to the public.
Appearing: William P. Mace, Attorney, Paradise. Mr. Mace
t out the reasons that the parcel map had been denied. He felt that
e Board hsd not been given all of the facts in the matter. Mr. Mace
ated that Mr. Sypherd and Ms..McGill••ha8 each purchased a 5-acre
rcel from the original owner. Mr. McGill then decided to apply for
4-parcel split on hie propertq. This was granted. Mr. Sypherd is
plying for a similar 4-parcel split. Mr. Mace stated that there was
intention on Che parts of either Mr. Sypherd or Mr, McGill to avoid
plying for a subdivision map. He felt that these were two different
snsactiona and should be treated as such.
The Board listened to the tape of the Subdivision Committee oa
matter.
July 27, 1976
n r,
I ~.-.` ~ ~ _~ _ C=S Cs C CCi^T-s-^CAi". ~ C -~C.~ CCC C CCSC C C
uas willing to make the parcels one acre and that this could be done
y shortening the road. - ~ ~-- ;. - ••
~ On motion of Supervisor Richter, seconded by Supervisor McKillop and
unsaimously carried the Wilber Sypherd tentative parcel map was approved
with the condition, .that no lot is to be lass than one acre and that the
. _ __ :road conditions are to be Complied with, wbjeet to the following conditions:
_i_ . _- - ---- •----------°~
1. Proof of water.
2. Designate well locations on Parcel 1, 2, & 3 to the satisfaction
~ of the Health Department and show a 100 ft. septic tank free
radius around said designated sites.
i
3. Provide traversable access, and construct to B58 LD3 standard.
4. Non-exclusive easement statement to be reflected in deeds.
j 5. Show on the final map a 50 ft. building setback from the
': centerline of the easement.
I
6. Provide a road maintenance agreement.
I
~ 7. All easements of record to be sown oa the final map.
I
j With tF~e findings that it is consistent with the Butte County General plan and
that a negative declaration has been filed with the County Clerk. ,
7'd-13(}3 i PUBLIC xF,ARING: EDWARD L. $RAt~CIB ~ ABANDONtAENT 'OF A ROAD RIGE~rOF-WAY
j The public hearing on the Edward L, Fraacls - Abandonment of a
'road right of way as Lot A of Coacow Acres, Oroville was held as advertised.
Mr. 7rawson stated this was a standard abandonment.
Hearing open to the public.
Appearing: Edward L, Francis, property owner. Mr, Francis
stated that he wad for the abaadoxmient and that he owned the property
directly behind the property in question. He had h different right-of-
~ay to~that property.
~ Hearing closed to the public and confined to the Board.
On motion of Supervisor Mcxillop, aeconed by Supervisor Ladd and ~
animou~ly carried Resolution 76-131 abandoning a'road right-of-way on `:
Lot A of Cencow Acres, Oroville was adoRted and the Chairman authorized to
sign.
,~
.... _ , ~ ~~BS;1 € 2:45 ~ ~ j
Et$CO s 2155 _ __ I
T'6-I3o4I PUBLIC HEARING: APPEAL BY PROPERTY 0!WNERS~0F ~$UBDIVISTON' CCi¢ffTTEE'8 ~
DETERi~1C1~ATI0N TO FILE NOTICES OF VIOLATION O'N•PRDPBRTY LOCATED ~ MILE 800TH
The public heari,ag an the appeal by property owners of Subdivieon
~ommittee'c determination to file aoticea of 9iolation on property located
mile; ~'outh of the north. county, bourida~y~ _3j4+ mile east of Cohasaet, being
.. ~ f Pa~e 40.~ . - ...- -,
.iu ly 27, 1976
Jul 27, 1976
~ ~
n n
Lots 5, 6 & 7 of Sec 6 T24N, R3E, MDB&M, identified ae AP 56-20-32, 33, 36,
!7, 38, 39, 49, 42, 45, 46, 47, 48, 49, 50, 53, 54, 55, 56, 57, 58, 59, fi0,
i2, 63 was continued at this time from June 29, 1976.
At this time, the matters discussed in the June 29, 1976 meeting
set out.
Mr. Tom Norris, Fair Oaks, California -Property outer came forward
this time and stated that all of the property owners involved in the appeal
Id like to withdraw from the appeal.and leave the Subdivision Com@ittee's
dirge as they stand.
Mr. 8lackstock recommended that the Board continue the hearing
30 days and that all of the property owners involved in the appeal
d have to write to Board expressing their desire to withdraw from
appeal.
The hearing 1s continued until August 31, 1976 at 1:30 p.tn. sad
___ ail of the letters are to be in to the Board by that time.
yb-1305 ~ DISCUSSION: POSTPONEt~ffia'P of DEER SEASON
Supervisor Madigan would like to know 'how the Board .feels "
ardiag:eithdr the closuie of deer season or postponing it until the
e danger is over.
Mr. Frank Stewart- Land manager, Diamond International Corporat3don
Bluff, stated that he was very appreciative of the Board's concern over
high fire danger.i_
Mr. Marv Bolden, U.S. Forest Service, Oroville, Stated that the
est Service ie concerned abeut this problem. He stated that the Forest
vice could always close the National Forest but that would not help on
vote land.
This matter will be discussed at the Nine Northern Counties
sore' meeting in Alturas with the Forest Service.
The Board agreed that if the fire danger is still up then the deer
should be postponed.
76-1306
DISCUSSION: PROPOSED SUBDIVISION ORDINANCE [CONY FROM 7/2+1/76)
Page;43; discussed.
Page 44; discussed.
Page 45; suggested changes were discussed. County Counsel will make
recommended changes as requested by the Board.
Page 46; discussed. Remove line ll, Item D.
Page 47; 'On•line.l0, item.(2) add. or lob book report.
Page 48; diacuased.
Page 49; no discussion.
Page 50; no discussion.
Page 51; no discussion.
Page 52; diacuased.
Page 41.
July 27, 147b
The proposed Subdivision Ordinance hearing is continued until.
t 3, 19 6 at 2:00 p.m. ~ ...
7S130y ~ R2i5CIND ACTION RE: TENTATIVE PARCEL MAP - RlDBERT SCOTT, AP 22-24-92,
~ Qn motion of Supervisor Ladd, Seconded by Supervisor NcKillop and
unanimously carried the denial of the tentative parcel map, Robert Scott,
AP 22-24-02, 3 lots, east side of Kofford Avenue, north of Gridley-Colusa
Iiwy., Gridley was rescinded and a public hearing was set for August 3, 1976
at 10:50 a.m. _
76;130Bi:.6PP0INTk~NTS TO GENERAL PLAN C T ZENS ADVISORY CIX~ffTTEE
The appointmmata to General Plaa Citizens Advisory Committee is
continued one week until Tuesday, August 3, 1976.
76-1309 ~ RE50LUTION'76=132 ADOPTED - OPP0_SZTION TO 1'EiE CANNERY STRIKE
The proposed resolution was amended to read: and such others
directed by the Board.
Qa motion of Supervisor McKillop, seconded by Supervisor Richter,
unanimously carried Resolution 76-132 was adopted in opposition to the
cry strike and the Chairman was authorized to sign.
~6 -1310 ~ MATTERS PRESENTID BY THE BOARD Dfl;[~ERS:
Mr. Nickelson, Administrative Officer, set out what was
opening with Senate 8111 3201. This is pertaining to monies for
~lic facilities. He stated that the Board would need to know what
needs or requirements were, also what procedures are necessary
get the application through on this matter. Mr. Nickelson will
p the Soard informed.
Chairman Cameron reported on Assembly Bill 3121. This bill
require the District Attorney to appear in all Juvenile cases,
re and Institutions Code Sections 500, 60i, 6D2~ Ohairman Cameron
that the Board should show opposition to this.
Oa motion of Supervisor Richter, seconded by Supervisor McKillop and
ly carried. the Board goes on•recard as opposing Assembly Bill 3121.
Supervisor Richter commented on the correspondence from the
tot's office that the $oasd had dust received.
The 'Boa rd. rece$~~•d•;;at`3:30 p,m. to-zeconveae on Thursday, duly 29,
1976 at 1:00 g.m,••
Page 42.
1
July 27, 1976