HomeMy WebLinkAboutM081374AUGUST 13, 1974
STATE OF CALIFORNIA )
SS.
COUNTY OF BUTTE )
The Board of Supervisors met at 9:00 a.m, pursuant to adjournment.
Present: Supervisors Cameron, Gilman, Ladd, McKillop and Chairman Madigan.
Clif Nickelson, Administrative Officer, Dan Blackstock, County Counsel, and
Clark A. Nelson, County Clerk, by Margie Catt, Board of Supervisors Clerk.
A moment of silent prayer was held for President Ford in support of his aims.
Pledge of allegiance to the Flag of the United States of America
74-1208 APPROVAL OF MINUTES
On motion of Supervisor Cameron, seconded by Supervisor Gilman and
unanimously carried, the minutes of August 6th and 7th, 1974 were approved
as mailed.
74-1209 COMMUNICATIONS
Walter C. Roach, Chico. Appeal is filed to Planning Commission granting Use
~/~j.0 O Permit for a saw miTL to Robert L. Bremmer. Set for hearing on
September 24, 1974 at 2:00 p.m.
Mr. and Mrs. Harry Holtzman, Cohasset. The Holtzman's write in opposition to
~ ~ 3 ~ d the granting of the Use Permit to Robert Lee Bremmer for the lumber
mill in Cohasset. Set for hearing on September 24, 1974 at 2:00 p.m.
Mrs. Edward L. Ke11y, Paradise. Appeal is filed to the Planning Commission's
conditions of approval of land division. Held over at this time;
to be discussed when Planning Director is present.
Moreland L. Stevens, Auburn. Mr. Stevens expresses support for the decision
~~ 3.~ V of the Planning Commission with regard to rezoning to Timber-Mountain
of the area adjacent to Feather Falls. To be held until public
hearing.
H. L. Mellen, San Rafael. Mr. Mellen requests information as to whether or
not the State is buying or planning to do anything with the Andy Smith
~'~ ~ ' ~ ~ Ranch and also requests that Bean Creek Road be improved. Referred to
Administrative Officer and he will follow through on it.
Ladies Auxiliary of the Chico Fire Department. The Auxiliary sends a copy of
their letter to California State University Chico regarding establishment
~ ~,b V of a program of professional medical services at the site for victims
of accidents or sudden illnesses. Referred to Dr. Enloe.
Chico Area Council of Churches. The Council expresses support of the Board's
action in redirecting the Revenue Sharing Committee to consider the
~ ® ~`' Z ~ applications for revenue sharing funds. Committee is meeting this
week. Letter placed in file.
Butte County Historical Society. The Society writes regarding the establishment
S ~p ,pp of a historical museum with funding from the passage of Proposition
Number 1. Discussed; Administrative Officer to determine statust~~
the funds. Letter referred to TAC for their study and recommendation.
City of Gridley. The City forwards its Resolution No. 35 establishing tax
/ 0 0,0 ~ rates for the City for fiscal year 1974-75. Referred to Auditor.
Yuba County Water District. The District sends an amendment to the delinquent
/ e O'S q taxnrolls.arReferred~tosAuditorarded for placement on the 1974-75
Page 177.
August 13, 1974
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California Regional Medical Program. The Director writes regarding Butte
C County's application for the "Medical and Dental Access Project"
pp ~ and suggests that an application for a CRMP funded feasibility study
3 be made. Guidelines for such application are enclosed for the
Board members. Referred to Dr. Enloe.
Department of Water Resourcese The Director forwards copies of an
a v amendment to our water supply contract which will revise the provisions
Y+{~ relating to the-sale and purchase of surplus water. Referred to Administra-
tive Officer, Auditor and George Stamm for study and report back to Board.
State Controller. The Controller forwards report,of examination of the Air
~s~p ?j Pollution Control Subvention Program for the 1972-73 fiscal year.
3 Information.
Department of Parks and Recreation. The Department's review of the County's
pd Priority Plan for Expenditure under provisions of the State Seach,
J! ~Q' Park, Recreational and Historical Facilities Bond Act shows that our
plan as presented is unacceptable for purposes of allocating grant
moneys to the various ,jurisdictions within the county. Additional
details for aiding resubmission are included. Referred to Administratrative
Officer to follow through on.
Office of Planning and Research. The Director writes regarding general plan
guidelines and states that neither CIR nor OPR have received any
,[3,~ ~ comments regarding the general plan guidelines. They solicit comments
on the guidelines prior to August 31, 1974. Discussed. Copies to be
made for Board members, County Counsel and Planning Director.
Department of Health, Education and Welfare. The Department forwards copy of
~ p d audit report of OEO and HEW grants administered by the Butte County
(- ~' EOC as of December 31, 1973. To be filed; no action needed.
Congressman Harold T. (Bizz) Johnson. Mr. Johnson writes regarding in-lieu
T 0 0.3 Y taxes on federal land and encloses copies of HR 12324 and HR 1678.
Information only.
Dean Hill, Fire Marshal-City of Oroville. The enforcement of State Legislative
Laws and requirements for the adding of another proper exit to the
0 ~~~ ~ Board Room, equipped with panic hardware. Mr. Mickelson explained what
they have been doing on this problemo He will follow through on
this requirement.
Roger Conkright vs. Board of Supervisors serves order to show cause re Writ
of Mandate. Referred to County Counsel. Mr. Blackstock stated he
~~ D'y ~ had been served and he is working on defense of the action.
Phillip Houx. Appeal of the decision of the Subdivision Act Subcommittee
~ ~ 3.p O denying the Certificate of Compliance in regard to Mr. Wells and
Mr. Neff. Sat for hearing on September 24, 1974 at 2:00 p.m,
Yuba County Water District. Request for consolidation of a special bond
~ 0~ ~p election with the State General Election. Referred to County Counsel.
Z~ene B. Brem. Letter of Protest of Incorporation of Paradise. Referred to
~p0i`~ County Counsel.
Lida M. Sterns. Letter requesting exclusion in the Incorporation of Paradise.
/ 0 O.S/~ Referred to County Counsel.
Melvin M. Miller. Resignation from the Kimshew Cemetery District. See motion
following communications.
74-1210 ACCEPT RESIGNATION OF MELVIN M. MILLER, TRUSTEE OF KIMSHEW CEMETERY DISTRICT:
APPOINT JESS WHITLOW AS REPLACEMENT
On motion of Supervisor Cameron, seconded by Supervisor Ladd and
unanimously carried, the resignation of Melvin M. Miller as a Trustee of the
Kimshew Cemetery District Board was accepted, Administrative Officer was requested
to write a letter of appreciation for Mr. Miller's services, and Jess Whitlow
was appointed to fill the unexpired term of Mr, Miller on said Cemetery Board.
Page 178.
August 13, 1974
August 1311974W____________ _
74-1211 APPROVE CETA TITLE II MODIFICATION
A modification has been prepared to increase CETA Title II, public
service employment program, for the remainder of this fiscal year from $367,000
to $427,~2~0. The $60,200 increase will permit the employment of approximately
8 additional workers in various local tax supported agencies. Jim Rackerby,
Personnel Director, explained the situation.
Mr. Rackerby said he was bringing to the Board a memorandum of
understanding. He asked County Counsel if a Charter Amendment would be
necessary. Mr. Rackerby said the question today was is the County at a time
when the Board should be taking action. Mr. Blackstock said the closeoff date
was August 27th if the matter was to be placed on the ballot. Mr. Blackstock
said there would have to be a charter change to implement the change set out by
Mr. Rackerby. Merit system would have to be defined. Mr. Rackerby said the
the charter did not meet the standards of the Federal Government. Mr. Rackerby
will proceed with County Counsel on the matter.
On motion of Supervisor McKillop, seconded by Supervisor Cameron and
unanimously carried, the modification to CETA Title TI was approved and the
Chairman was authorized to sign.
74-1212 ADOPT RESOLUTION 74-106 OF INTENT TO AMEND COUNTY'S RETIREMENT CONTRACT
AND SURPLUS PROPERTY DECLARED
On motion of Supervisor McKillop, seconded by Supervisor Gilman and
unanimously carried, the following action was taken:
1. Adopted resolution 74-106 of intent to amend the County's retirement
contract increasing the retirement allowance by 5% for employees retired
between January 1 and July 1, 1971 and the Chairman was authorized to sign.
2. A small electric heater and a hand vacuum cleaner at the County
Library was declared surplus property and the Purchasing Officer was authorized
to dispose of the same.
74-1213 DISCUSS: SURPLUS HOUSE AND GARAGE. PARADISE
A right-of-way purchase at the corner of Foster and Bushman Roads
in Paradise included a house. Bids have been received, the high bid being
$1,700,00. for purchase and removal of the house from the property. Public.
Works recommends acceptance of this bid. Supervisor Cameron felt the County
should try and receive a better bid on this property; he cannot believe this
house should go for $1700, New -.bids for said house will be called for in
the hope of receiving a better bid.
74-1214 AWARD OF BID REROOFING OF JWENILE HALL: ACTION PUT OVER ONE WEEK
Of nine invitations to bid, only one bid was received and that was
from Pers,B-Tite Roofing service of Yuba City in the amount of $3,520.00,
Amount budgeted and encumbered to cover this job was $5,000.00. County
buildings states that the roof is urgently needed and this will be compatible
with the planned addition to Juvenile Hall. It was stated that there was
quite a bit of remodeling to be done in the building. Supervisor Ladd felt
it would be better to put a new roof on after the remodeling is done. It
is leaking now, but Supervisor Ladd felt that the roof could be patched for
the time being.
Award of bid put over one week.
74-1215 APPROVE RESPONSES TO 1973 GRAND JURY REPORT
The responses of this Board and all departments where they are required
Page 179.
August I3, 1974
August 13, 1974
_ - _ _ _ - _ _ ~ W W W W ~ = _ _ ~ _ _ _ ~ ~ ~ _ - ~ - - ~ - _ __ _ _
have been compiled and put into a packet in a format for presentation to
the Superior Court rss:required by Section 933 of the Penal Code. Responses
discussed.
On motion of Supervisor Cameron, seconded by Supervisor Gilman
and unanimously carried, the responses to the Grand Jury report was,, approved
and the Administrative Officer was authorized to transmit said responses to
the Superior Court.
74-1216 PUBLIC WORKS ITEMS APPROVED: RESOLUTION 74-107 ABANDONING PORTION OF
ORD FERR'I ROAD ADOPTED
On motion of Supervisor Gilman, seconded by Supervisor McKillop and
unanimously carried, the following action was taken:
1. Granted authorization to advise Department of Industrial Relations
that Butte County withdraws its appeal inasmuch as the abatement dates have
been changed to more nearly fit the County's schedule, concerning OSt#A
Citation ~N6822, County Administration Building.
2, Accepted the work of Deakins Construction Company for the restroom
facilities project, located on the Butte County Fairgrounds, Gridley, authorized
the Chairman to sign the Notice of Completion as of August 5, 1974, and instructed
the Clerk to record said Notice of Completion.
3. Authorized the commencement of work on the following two budgeted
projects: (1) Hurls Circle $4,000 graveling and chip sealing will be done
under maintenance ~~2 and (2) Hillcrest and Almond intersection $5,000,
4. Awarded contract for Lower-:a:yandotte Avenue to Robinson Construction
Company, the low bidder, in the amount ,of $116,617.20, subject to BCAG approving
the supplemental funds needed.
5. Approved agreement for sale, authorized Chairman to sign and
authorized Auditor to prepare warrant upon demand o£ County~s escrow agent
on the following:
Price Impro. Total
Skyway 51261-'1-1 P.G. & E. O.fl12 acres $265. - - - $265
b. Adopted Resolution 74-107 abandoning portion of Ord Ferry Road
that is no longer needed for road purposes; authorized Chairman to sign Quit
Claim Deed conveying that portion of the Ord Ferry Road no longer needed for
road purposes to J. W. Nock et al and authorized Chairman to sign Grant Deed
conveying parcel 4s to J. W. Nock et al as a condition of a right of way
acquisition.
74-1217 REPORT ON COUNTY SOLID WASTE PLAN ABAFT ~1
Clay Castleberry, Director of Fublic Works, reported that the so];fd
waste plan draft ~~i would be available for review within a weeko There is a
Committee meeting proposed for August 16, 1974-tentative. He stated that
it looks like they will be able to reduce the refuse budgeto
74-1218 PUBLIC WORKS TO ASSIST IN THE REROOFING OF THE OLD HONEYRUN COVERED
BRIDGE
Public Works recommends that subject to Auditor's approval the County
assist in the reroofing of the old covered bridge at the expense of the Association
with regard to its letter of July 24, 1974. Work would be scheduled probably
in late fall or winter.
On motion of Supervisor McP8geop$Oseconded by Supervisor Cameron and
August 13, 1974
______________ August_13,=1974=____--______-__
unanimously carded, the County was authorized to assist in the reroofing of
the old Honeyrun covered bridge at the expense of the Haneyrun Covered Bridge
Association.
74-1219 DISCUSSION: PUBLIC WORKS TO NEGOTIATE FOR STORM DRAIN EASEMENT THROUGH
~L2, RETZERS PROPERTY
Mr, Castleberry stated that the Board had authorized condemnation of
a storm drain easement through Mr, Shiftman's lot. It is felt that it would
be better not to condemn the property through this property and Mr. Castleberry
hoped the Board would authorize him to negotiate for a storm drain easement
through Mr. Retzer's property. It would be better to go through the
developers property than to go through Mr. Shiftman's property. If the Board
has no objection, Mr. Castleberry will negotiate for this storm drain easement,
Mr. Castleberry will continue with the negotiations.
RECESS: 10:00
RECONVENED: 10:2fl
74-1220 WELFARE DIRECTOR TO WRITE LETTER OF OPPOSITION REGARDING INVENTORY TYPE
LIST TO BE PRESENTED AT MEETING TO BE HELD IN SACRAMENTO
Bob Crisan, Welfare Birector, reported on the new regulations that
are proposed regarding new payments and regarding new regulations concerning
inventory lists. Problems of the new regulations set out by Mro Crisan.
He is requesting that the Board oppose these detailed list of personal property.
Tt was felt that new regulations are unreasonable. Supervisor Cameron said
this matter was discussed last week at the Nine Northern Counties Supervisors
Association meeting and they suggested that all the Welfare Directors appear
before tha=.r Boards and request opposition to these regulations. He asked
where the letter of opposition would be sent, Mr. Crisan stated that the
letter would be sent to: State Department of Benefit Payment.
On motion of Supervisor Cameron, seconded by Supervisor Gilman and
unanimously carried, the Welfare Director was requested to write a letter
of opposition to these new requirements, so that the County's opposition will
be at the meeting in Sacramento.
74-1221 PUBLIC HEARING SET: THOMAS & NELDA FERGUSON, ETAL: REZONE FOR PROPERTY
LOCATED ON EAST STAE OF I,ARKIN TOAD
A public hearing was set for September 10, 1974 on the Thomas & Nelda
Ferguson, etal-rezone from A-2 (general) to S-1 (minimum Density, Suburban
Residential) far property located on the east side of Larkin Road, approximately
1800 feet south of Evans Reimer Road, southwest of Gridley, identified as
AP 24-15-17, AP 25,15-29, AP 24-15-30, AP 24-15-31, AP 24-15-55, AP 24-15-56,
AP 24-i7-25, AP 24-17-31, and AP 24-17,32, containing 24 acres more or less.
74-1222 ADOPT RESOLUTION 74-108 OF INTENT TO ABANDON PUBLIC UTILITIES EASEMENT
On motion of SupervisorMcKillop, seconded by Supervisor Ladd and
unanimously carried, Resolution 74-108 of intent to abandon the twenty (20)
foot public utilities easement along the north boundary of Lot lbb of Paradise
Pines Sub., Unit No. 2, as requested by William E. Scott and Evelyn L. Scott,
hearing was set for September 24, 1974 aC 2:00 p.m, and the Chairman was
authorized to sign.
74-1223 APPROVE REA'_'POINTMENT OF WILLIAM THE&ACH TO PLANNING COMMISSION
On motion of Supervisor Ladd, seconded by Supervisor Cameron and
unanimously carried, the reappointment of William Theb ach to the Planning
Commission for a term of four years was approved, said term to expire on
8/23/78.
Page 181.
August i3, 1974
74-1224 APPROVE TEI3TATIVE PARCEL MAPS RECOMMENDED FOR APPROVAL
Ten tentative parcel maps recommended for approval discussed.
The Julia Kelly map, 3 lots, west of Kibler Road, north of Nunnelly Road,
Paradise discussed. Mr. Lippincott, surveyor, has written and requested
that the map be continued one week. The owner objects to the conditions.
Mr. Blackstock stated that Planning Department should advise the property
owner of the approval of the conditions by thePlanning Commission. Map
put over one week.
Supervisor Cameron questioned Mr. Lawson about the Jack Atkinson &
Larry Young parcel map. He was not clear on the accessibility of the lots.
Parcel map put over one week. Map referred to Plannir.s, commission.
The J. R. Hellerman map also continued one week.
On .lotion of Supervis or Cameron, seconded by Supervisor McKillop
and _nanimously carried, the following tentative parcel maps recommended
for approval were approved, subject to the conditions, with the note that
negative Environmental Impact Reports have been filed:
Zoned A-2 Gilbert Medeiros, AP 44-17-17, 36 & 37, 2 lots,
southeast side of Rio Lindo Rd., west of City
Limits, Chico.
Pursuant to the requirements of Section 20:3 of the Butte County
Code, the tentative parcel map of the above property has been
reviewed by the Butte County Subdivision Committee and the
Planning Commission.
The Subdivision Committee and Planning Commission recommends approval
of the tentative map, subject to the following conditions:
1. Annexation of all parcels to the City of Chico.
2. Meeting the conditions of the City of Chico.
A Negative Declaration Regarding Environmental Impact was filed with
the County Clerk on July 15, 1974.
Zoned A-2 Henry J. Skibo, AP 71-31-05, 3 lots, south of
Bean Creek Rd., east of Ponderosa Way, north of
oroville. Engineer: Kendall Engineering
Pursuant to the requirements of Section 20.3 of the Butte County
Code, the tentative parcel map of the above property has been
reviewed by the Butte County Subdivision Committee and the
Planning Commission.
The Subdivision Committee and Planning Commission recommends
approval of the map, subject to the following conditions:
1. The triangular piece of Parcel 4 which is contiguous to Parcel
1 to be made apart of Parcel #1
2. The triangular piece of Parcel which is contiguous to Parcel
2 to be made a part of Parcel 2.
Page 182,
August 13, 1974
_ _ _ - _ _ _ _ _ _ _ _ - - August=13, _1974 _ _ _ _ _ _ _ _ _ _ _ _ _ _ --
3. The triangular piece of Parcels 1 and 2 which is contiguous to
Parcel 4 to be made a part of Parcels 1 and 2.
4. Show proof of water.
5. Verify that the subject parcel was legally created prior to
March 4, 1972.
6. Verify legal access and the right-,to-use.
7. Provide traversable access.
A Negative Declaration Regarding Environmental Impact was filed with
the County Clerk on July 15, 1974.
Zoned A-2 M. A. Cox, AP 65-01-28, 4 lots, off east side
of Skyway, south of Hupp Coutolenc Rd.,
DeSabla. Surveyor: John W. Hamby
Pursuant to the requirements of Section 20.3 of the Butte County
Code, the tentative parcel map of the above property has been
reviewed by the Butte County Subdivision Committee and the
Planning Commission.
The Planning Commission should be advised that the north half of
this property is proposed for "TM-20" zoning and the south half
is proposed for "TM-10".
The Subdivision Committee and Planning Commission recommends
approval of the map, subject to the following conditions:
1. Provide a 200 ft. septic tank free setback area measured from the
edge of the lake.
2. Verify legal access and the right-to--use.
3. Provide traversable access.
4. Provide a non-exclusive easement statement.
5. Indicate 50 ft, building setback lines measured from the center-
lines of all easements.
6. Parcels 1 and 2 to take access only on the existing road
to the north .
A Negative Declaration Regarding Environmental Impact was filed with
the County Clerk on July 15, 1974.
Zoned AR-MH & John Jurdyga, AP 35-291-24, 4 lots, west side
C-1 of Lincoln Ave., south of Kusel Rd., Oroville.
Surveyor: John W. Hamby
Page 183.
August 13, 1974
_=A~g~s~ 13,, 1974====- -__ _--_ _ __
Pursuant to the requirements of Section 20.3 of the Butte County
Code, fine tentative parcel map of the above property has been
reviewed by the Butte County Subdivision Committee and the
Planning Commission. "
The Subdivision Committee and the Planning Commission recommends
approval of the map, subject to the following conditions:
1. Deed to the County of Butte 30 ft. right-of-way measured from
the centerline of Palermo Road.
2. Indicate a 50 ft. building setback line measured from the center-
line of Palermo Road.
3. No further division of Parcel 2 until 60 ft. of access is pro-
vided.
3. Provide a 25 ft. easement to the west line of Parcel 1 and pro-
vide more depth for Parcel 2.
A Negative Declaration Regarding Environmental Impact was filed with
the County Clerk on July 15, 1974.
Zoned A-2 Helen McClaren, AP 22-OS-07 & AP 22-i0-06, 4
lots, east side of Randall Rd., north of Biggs-
Rio Bonito Rd., Biggs. Surveyor: Graves &
Geddis
Pursuant to the requirements of Section 20.3 of the Butte County
Code, the tentative parcel map of the above property has been
reviewed by the Butte County Subdivision Committee and the
Planning Commission.
The Subdivision Committee and Planning Commission recommends
approval of the map, subject to the following conditions:
1. Deed to the County of Butte 30 ft. right-of-way measured from
the centerline of Randall Road.
2.. Indicate a 50 ft, building setback line measured from the center-
line of Randall Road.
3. Verify soil conditions to the satisfaction of the Health Dept.
A Negative Declaration Regarding Environmental Impact was filed with
the County Clerk on July 15, 1974.
Zoned A-2 Ltd. Ruby Swartzlow, AP 51-144-23, 2 lots, east
side of Diamond Ave., south of Wagstaff Rd.,
Paradise. Surveyors Gary Lippincott
Pursuant to the requirements of Section 20.3 of the Butte County
Code, the tentative parcel map of the above property has been
reviewed by the Butte County Subdivision Committee and the
Planning Commission. Page 184.
August 13, 1974
________= W _=====August=l3,=1974 =___ __________
The Subdivision Committee and Planning Commission recommends
approval of the map, subject to the following conditions:
1. Construct Diamond Avenue to RS9 LD3 standards. ,~
2. Deed to the County of Butte 30 ft. right-of-way measured from
the centerline of Diamond Avenue.
3. Indicate a 50 ft. building setback line measured from the center-
line of Diamond Avenue.
A Negative Declaration Regarding Environmental Impact was filed with
the County of Butte Clerk on July 15, 1974.
Zoned A-2 Richard Flood, AP 63-04-18, 4 lots, both sides of
Schott & Doe idill Rds:, Forest Ranch.
Engineer: C. W. Bachman
Pursuant to the requirements of Section 20.3 of the Butte County
Code, the tentative parcel map of the above property has been
reviewed by the Butte County Subdivision Committee and the
Planning Commission.
The Subdivision Committee and the Planning Commission recommend
approval of the map, subject to the following conditions:
1. Deed to the County of Butte 60 ft. of right-of-way along Schott
and Doe Mill Roads.
2. Indicate 50 ft. building setback lines measured from the center-
lines of Schott and Doe Mi11,Roads.
A Negative Declaration Regarding Environmental Impact was filed with
the County Clerk on July 15, 1974.
74-1225 ADOPT RESOLUTION 74-10~:ESTABLISHING REGULATIONS PURSUANT TO HEALTH AND
SAFETY CODE SECTION 18300 et se .
Dan Biackstock, County Counsel, stated he had prepared the resolution
regarding mobile home parks. The intent of the resolution set out and discussed.
Supervisor Ladd objected to certain wordings within the resolution regarding the
minimal size of mobile home parks. He does not think there should be a
limitation on the size of the park. Time spent discussing the matter of the
size and use of the parks. It was asked if there should be the requirement of
two off-street parking spaces for the over-night trailers. Parking space
requirements discussed. It was felt that the backs should be spelled out;
did it include the roads and driveways within the park2 Fencing requirement
discussed and it was fe1C this should be a discriminatory matter. Resolution
discussed; Board felt it should include "there shall be a 50' setback from the
centerline of public roads and/or access roads to the park.
On motion of Supervisor McKiilop, seconded by Supervisor Cameron and
carried, Resolution 74-109 establishing regulations pursuant to Health and
Safety Code Section 18300, et seg. was adopted, with the change to Section C,
Page 2, to state "50' setback from the centerline of public roads and/or access
roads to the dark," and the Chairman.was_authorized to sign.
AYES: Supervisors Cameron, Gilman, McKiliop and Chairman Madigan
NOES: Supervisor Ladd Page 185. August 13, 1974.
_ _ _ _ _ _ -- _ _ _ _ _ _ _ _ =u$ust=13,_1974 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
74-1226 APPEARANCE: MRS. tCATHERINE HARRIS, PARADISE
Mrs. Katherine Harris, Paradise, spoke to the Board concerning a
1.+_tle road that has been refinished with gravel and blocked off as though
they were going to put on the final pavement. This road is involved in the
injunction suit; they have not deeded the one foot strips as required, She
said she would Like to have ~t?_e chance to bring the Board up to date prior
to the dismissing of the injunction suit. No action taken at this time.
74-1227 APPEARANCE: MRS. ADELE HIGGINS PRESERVATION OF OLD FORBESTOWN CEMETERX
Mrs. Adele Higgins, Fnrbestown, said she and a group of ladies from
Forbestown would like to discuss the preservation of the old Forbestown cemetery
It needs a lot of work; the fence needs fixing. They would like to know
how thG~r_could receive help from the County in this matter. She explained
the background of this request, She asked if there was away to bring a petition
to the Board to request the formation of a cemetery district in that area.
She said her group has been keeping the cemetery clean, but they would like
to preserve the cemetery for historical purposes.
Dan Blackstock, County Counsel, will make a study of this request
and will report back to the Board,
74-1228 APPEARANCE: MR. JIM DE LA VERCNL, PARADISE
Mr. Jim DeJ,aVerLcne, Paradise, complained about things being stolen
in their area on the ridge. He said he understood that extra deputies were
going to be approved for the Sheriff's department, They are having their
biggest problem with motorcycle drivers. Problem explained. He was told
that the Board had made no decision concerning more deputies for the Sheriff.
74-1229 APPEARANCE: LAWRENCE THOMSON ARCHITECT REGARDING PARADISE LIBRARY BLDG.
Lawrence Thomson, architect, appeared-to discuss the proposed
Paradise library. He said he would like to discuss the provisions of the
contract. The County has a limited factor of 10,000 ft,for the library,
and a total amount of the contract to be $35?,000.00. He is nct quite
clear about the construction, Is the contract amount for the building only
or is site improvement included; He did not think that the $350,000 was
quite enough to produce the type building he would like to prepare. He
explained his thinking in the matter. He said he would like to prepare a
drawing and find out what the problems are and the Board could see what tee
would be planning, He said he would like to try to plan a very simple building
that would be well constructed.
Proposed building discussed. It was suggested that Mr. Thomson could
meet with the building committee, comprised of Supervisors Cameron and Ladd
and discuss the matter of the building and the contract. Mro Thomson said he
would like to•have a survey of the property as soon as possible. Public Works
will handle the matter of the survey; they could use the private surveyor they
have contracted with for .juvenile Hall.
Mr. Thomson will also contact Gillet & Ross Consultants, regarding
Che proposed building.
Site work discussed. Mr, Thomson will meet with Superv3s ors Cameron
and Ladd next Wednesday after BCAG meeting.
74-1230 APPEARANCE: BOB LEMKE, PARADISE
Bob Lemke, Paradise, stated that the people along the Skyway are
planning a celebration to re-open the Skyway on September 28th at 10:00 a,m..
The celebration will be held at one of the triangles along the Skyway.
He extended an invitation to the Board members and department heads to attend
this celebration.
Page 186.
RECESS: 12:00 August 13, 1974
_____.-____=====August 13,=1974________________
RECONVENED: 2:00
74-1231 PUBLIC HEARING• LORRAINE MILLER PETITION FOR VARIANCE FOR MOBILE HOME
Jim Lawson, Planning Director, explained that this hearing was
to consider a re-application for an"'Aunt Minnie" variance.
Hearing opened to the }public.
Appearing: Lydia Freeman, appearing in favor of the variance but
only on a temporary basis. Supervisor Gilman explained to Mrso Freeman that
these variances are only granted for a one-year period and must be renewed
each year,
Hearing closed to the public and confined to the Board.
On motion of Supervisor Cameron, seconded by Supervisor Gilman and
unanimously carried, the Board approved the petition for variance to al_ow
a mobile home for Lorraine Miller,
Supervisor Gilman questioned Mrs. Miller on her understanding that this
variance is on an annual renewal basis. Mrs. Miller stated that she was under
the impression heat this was to be a permanent variance. She has spent a great
deal of money which she would not have had she known that this was to be
temporary.
Discussed; no action taken on her comments.
74-1232 PUBLIC HEARING: NICER LINDQUIST, PETITION FOR MOBILE HOME, RENEWAL
Thc;-~pu~rli-c°hearing on the Nicea Lindquist petition for mobile home
variance was held as advertised. Jim Lawson, Planning Director, explained
that this is a similar request to the Huller variance.
Hearing opened to the public.
Appearing: Nicea Lindquist, petitioner. She explained that the need
for the variance does exist,
Discussion of whether hearings are necessary on renewals such as this.
It was the feeling of the Board that the public should be able to bring forth
any objections they might have to the variance.
On motion of Supervisor Gilman, seconded by Supervisor Ladd and
unanimously carried, theBoard approved the continuance of the variance to
allow a mobile home for Nicea Lindquist for one year.
74-1233 APPEckI. OF W. H. TEMPLE ON DENIAL OF TENTATIVE MAP, WEST SIDE OF GUILL STREET,
LNTERSECTION WITH COLORADO & VIRGINIA STREET CHICO
The public hearing on the appeal of W. H. Temple on denial of
tentative map, west side of Guill Street, intersection with Colorado and
Virginia Street, Chico was held at this time. Jim Lawson, Planning Director,
explained that Mr. temple had started his division of his lots under Planning
standards different than the current ones. When the present standards went
into effect, the Health Department found that the division could not meet
the new requirements. The map was caught in between the standards change.
The Planning Commission denied the map on an appeal because of this reason.
Mr. Lawson explained the lot layout to the Board.
Hearing opened to the public.
Appearing: W. H. Temple, Chico. Mr. Temple presented information sheets
Page 187.
August 13, 1974.
August 13, 1974
to the Board. Mr.Temple explained the background of his trying to split his
lots, which i,ncl.uded an alley being abandoned which joined his property.
His lots are some of the largest in the Chapman area. He was not informed that
he might be able to use the setback area for leach lines, which is allowed
in some hardship cases. He feels he is the victim of a transition period.
Hearing closed to the public and confined to the Board.
Discussion of Health Department's decision in this matter. Mr. Lawson
stated that the Planning Commission did not question the Health Department
on this; they accepted the fact that the lot split could not meet the
requirements.
Hearing continued one week to enable Howard Toussaint to be present
to explain the Temple situation to the Board,
74-1234 PUBLIC HEARING: COHASSET-MUSTY BUCK RIDGE REZONING
The public hearing on the Cohasset-Musty Buck Ridge rezoning
was held as advertised. Mr, Lawson explained that the Cohasset Community
Association had taken it upon themselves to zone this area. Aland use map
was presented for this area and they requested inclusion in the General Plan
for the county. This is the xesult of about a two year procedure. The Planning
Comm-ssion voted in favor of the proposal. Mr. Lawson explained that several
meetings had been held on this matter. He also stated that there are
comparatively few existing parcels that are in conflict with the proposal.
Hearing opened to the public.
Appearing: No one.
Hearing closed to the public and confined to the Board.
Mr, Lawson explained that there was to be an amendment to the General
Plan which could be adopted at any time, but that it had been held back
until more changes were accumulated in order to make the reprinting worthwhile.
On motion of Supervisor Madigan, seconded by Supervisor Cameron and
unanimously carried, the Board approved the Cohasset-Musty Buck Ridge rezoning
and waived the first reading of the ordinance entitled "Cohasset-Musty Buck
Ridge Rezoning".
74-1235 PUBLIC HEARING: APPEAL OF ANDREW HANSEN FOR DENIAL OF REZONING OF PROPERTX
ON HEGAN LANE, CHICO
The public hearing on the appeal of Andrew Hansen for denial of
rezoning of property on Hegan Lane, Chico was held as advertised. Mr. Lawson
presented the background information on this item to the Board. Planning
received an application for a rezoning to "A-3" for this area from an "A-2"
zone, which is normally considered quite an improvement. However, the Commission
felt that with the larger parcels composing most of the area, "A-10" would
be more suitable, The Commission denied without prejudice and they Sre going
to make a recommendation to the Board for the "A-10" zoning. Mr. Lawson explained
that one end of the area is composed of smaller parcels that have mobile homes
placed on them.
Hearing opened to the public.
Appearing: Stewart Phillips, Bruce Lane, who lives on a 5-acre parcel
and is in favor of the "A-3" zoning.
Discussion of whether the people in the area have considered and would
Page 188.
August 13, 1974
August 13, 1974
_ _ - _ _ _ _ _ _ _ ~ ~ w - - - ~ _ _ _ _ _ _ ~- -- _ _ _ _ _ _ _ _ _
like to have the "A-10" zoning, Mr, Phillips stated that the people in the
area want the "A-3" zoning, not "A-10".
Bush Dalrymple, appearing in favor of the "A-3" zoning.
Hearing closed to the public and confined to the Board,
Supervisor Gilman stated that he sympathized with these people inasmuch
as Planning had ignored the area for so Tong and waited until the people did
something about the zoning to take action. He stated he supports the appeal.
On motion of Supervisor Gilman, seconded by Supervisor McKillop and
unanimously carried, the Board approved the rezoning of the area delineated,
including the whole area, to "A-3", and waived the first reading of the
ordinance.
74-1236 PUBLIC HEARING: APPEAL OF ACTION OF PLANNING COMMISSION FOR ADDITIONAL
RENTAL SPACES AT OAKS/ACORN MOBILE HOME PARK ON OLIVE HIGHWAY, OROVILLE
The public hearing on the appeal of action of Planning Commission for
additional rental spaces at Oaks/Acorn mobile home park on Olive Highway,
Oroville, was held as advertised. This area is zoned "C-1". The request is
for an expansion to develop the remainder of the "C-1" property and this
expansion would terminate the growth of the park on the basis of the "C-1"
zoning. Mr. Lawson pointed out the area of expansion M~-.the Board. The
Commission voted in favor of the use permit which had conditions attached,
one of which was a children and animal-proof fence along an irrigation fence
that runs through the park.
Hearing opened-to Che public.
Appearing: Ernest Hatch, Riverview Drive, Oroville, outlined
seven points regarding his objections to this use permit.
Discussion of whether conditions on prior use perQi~ts had been met.
Mr, Lawson stated that he would have to check the past files on this matter,
Also a discussion was held of previous owners. In reference to the conditions,
it was stated that there was never a condition attached as to. the OWIp ditch,
which Mr. Hatch was concerned about.
The Board was shown the original master plan. There have been several
changes made which Mr. Lawson stated was allowed far in this case, due to
the physical characteristics of the property,
A. T. Beall, Mt. Ida Road, Oroville, objected to the expansion.
RECESS: 3:40 p.m.
RECONVENED: 3:50 p.m.
Bill Hansell, Oroville, in opposition. He was concerned about the
condition allowing for space to be allowed for a park. This would figure
out to about one acre.
Lona Mullins, Oroville, in opposition.
Jane Warmack, Oroville, in opposition.
Appearing in favor: Raymond A, Leonard, appearing for the Oaks and
Russell Guiver, Mr. Leonard outlined his reasons for the approval of this
expansion. The area has been zoned for commercial use for years and there
Page 189.
August 13, 1974
Aupus t~13,_1974
- _ _ - _ - ~ - _ _ _ ~ _ _ ~ W ~ _ _ _ _ _ _ - - _ _
have not been objections to this before. There are subdivisions around the
mobile home park. The applicant has complied with the conditions on the
use permits, or at least substantially so.
Discussion of compliance with use permit conditions.
Mr. Leonard submitted petitions signed by people in support of the
expansion. Mr. Leonard requested the people in the audience who supported
the expansion to raise their hands; several people did so.
Russell Guiver, one of two general partners of the0aks, appeared
in favor of the expansion. He explained that there are 103 spaces completed
and approximately 90 percent of these are occupied, They are now developing
another 88 spaces which will be completed in October. Mr. Guiver explained
his connection with the company and gave some background on it. He outlined
the taxes the park must pay and also outlined the standards of the park.
In reference to the concern about the Oaks park polluting the OWID ditch
that flows through there, Mr. Guiver stated that the water left the park
in the same condition it entered.
Hearing closed to the public and confined to the Board.
Discussion of the effect this would have on the Honcut Creek drainage
area where several houses now are subject to flooding.
Supervisor Ladd stated that both sides had serious points. He was
concerned about the difference in concepts as to what was originally planned
and what has evolved.
Supervisor Ladd moved that the Board deny the use permit, overruling
the Planning Commission's decision. Supervisor Cameron seconded the motion.
Supervisor McKillop expressed concern about the drainage on Honcut
Creex and felt it should be looked into. He also pointed out that this area
is zoned for commercial use.
Supervisor Gilman stated he wanted to point out to the people who were
concerned about the area becoming over populated that the surrounding area is
zoned "A-R" which allows for a higher density. He felt they should
look into a more restrictive zoning than the existing one.
Dan Blackstock, County Counsel, suggested that the Board include
findings in their motion. Discussion of whether motion should include
"for the health, welfare and safety of the people in the area." Supervisor
Ladd did not agree with this. Supervisor Gilman stated he did not wan.*. *_o
slam the door shut on these people and he felt this statement would do just
that.
On motion of Supervisor Ladd, seconded by Supervisor Cameron and
carried, the Board denied the use permit for the Oaks/Acorn Mobile Home
Park, overruling the Planning Commission's decision, on the grounds that
it is undeterminable what the impact on the surrounding area might be.
AYES: Supervisors Cameron, Ladd, Gilman and Madigan
NOES: Supervisor McKillop
74-1237 HEARING SET FOR INTERIM ZONING FOR AREA IN GRIDLEY (FERGUSON}
On motion of Supervisor Ladd, seconded by Supervisor Gilman and
unanimousay, carried, a public hearing was set for August 27, 1974 at 2:00
p,m. for the Ferguson application for interim zoning.
Page 190.
August 13, 1974
-_____-====W=August=l3, 1974__________________
74-1238 PUBLIC HEARING: PETITION FOR INCORPORATION OF PARAAISE: RE50LUTIONS
74-110 and 74-111 ADOPTED
The public hearing on the petition for incorporation of Paradise
was held as advertised.
Dan Blackstock, County Counsel, discussed the different government
code sections that deal with the incorporation of towns. He stated that
although several letters had been received regarding the incorporation, none
met the criteria for being a protest against the incorporation. He read from
two letters that had been received from a Mr. Houghton and from a Mrso Lida
Sterns. These letters did not give the exact Location of the property as
required. He stated that the Board today was to deal with the boundaries.
The letters mentioned above may be used as objections to the proposed
boundaries. As required by law, the matter must be referred to LAFCO. He
stated that the letters should be filed and the Board should interpret them
as request for exclusion. The Board can also hear oral requests for exclusion.
Mr. Blackstock outlined the exceptions and rules regarding the incorporation
to the Board.
Hearing opened to the public.
Apr..aring: George Houghton, who felt the fire district boundaries
should have been considered. Supervisor Gilman explained that if the Paradise
Irrigation District is used, the area between the boundaries can be annexed.
Walter Nixon, Paradise, feels that the advantages and disadvantages
of the incorporation should be written out. It was explained to Mr. Nixon
that this information would be mailed out with the ballot prior to the election,
Earl Bailey appeared in favor of the PID boundaries.
Mr. Blackstock interjected that the Board is required to determine
the number of inhabitants 3n the area. After checking with the Clerk's
Office, he recommended that the Board state there are 20,000 people in the area.
Gene Haney, Paradise, questioned about what could be discussed. It
was e'.~plained to him that only things pertaining to the boundaries could be
discussed.
Lester Bailey, Paradise, asked if this is to be a general law or charter
city. Mr. Blackstock replied that the petition calls for a general law city.
The petition also requests a five-man elected board but with no elected city
officials.
Supervisor Gilman was concerned about whether the people knew exactly.
what was in the petitiono He was informed that it had been printed and
distributed.
Mrs. C. L. Harris, Paradise, explained her views on why the PID boundaries
were chosen.
Hearing closed to the public and confined to the Board.
Discussion and explanation of the tax rate. This rate will be
included on the ballot. Mr. Blackstock explained that he has been in touch
with the Attorney General's office on this matter, He feels a $1 maximum tax
rate will appear an the ballot. He pointed out that this does not mean that
the $1 tax rate will be levied.
Page 1910
August 13, 1973
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ August=13,=1974 = ~- - _ _ _ _ _ _ _ _ _ _ _ _
On motion of Supervisor Cameron, seconded by Supervisor McKillop and
unanimously carried, the Board adopted Resolution 74-110, Resolution Finding
Insufficient Protest and Determining Boundaries, and Chairman was authorized
to sign.
On motion of Supervisor Cameror:., seconded b;~ Supervisor McKillop and
unanimously carried, the Board adopted Resolution 74-111, Resolution calling
Incorporation Election, and authorized the Chairman to sign.
74-1239 HEARINGS CONTINUED TO AUGUST 20, 1974
The continuation of hearing on abandonment of Cherry Lane, Biggs and the
continuation of hearing on rezoning at Lake Madrone were put over to August 20,
1974. County Counsel is to report back on the Cherry Lane abandonment.
74-1240 COUNTY COUNSEL TO TALK TO PG&E ABOUT REFUSAL TO PROVIDE ELECTRICITY TO MAN
Supervisor Cameron expressed concern over the refusal of PG&E to
provide electricity for a man owning a 2~ acre parcel which he plans to garden.
The electricity would be used for running a pump.
County Counsel will talk to PG&E officials and see what can be done
to help this man.
74-1241 PLANNING COMMISSION TO COMMENCE REZONING FOR HIGHWAY 99-DURHAM-OROVILLE HIGHWAY
Discussion was held concerning a junk yard at Highway 99 and Durham-
Oroville Highway. Supervisor Madigan stated that Planning would like some
direction on a review and possible revocation of the rezoning for the area.
On motion of Supervisor Gilman, seconded by Supervisor McKillop and
unanimously carried, the Planning Commission is directed to commence rezoning
for the Highway 99-Durham-Oroville Highway.
RECESS: The Board recessed ~t 5:45 pom. to reconvene on Wednesday, August 14,
1974 at 9:00 a.m.
Augur t. 14 ,_ _1974_..
RECONVENED: The Board reconvened at 9:00 a.m. Present: Supervisors Cameron,
Gilman, Ladd, McKillop and Chairman Madigan. Clif Michelson,
Administrative Officer, Bill Lawrence, Auditor, and Clark A.
Nelson, County Clerk, by Margie Catt, Board of Supervisors Clerk.
74-1242 BUDGET SESSION
DISCUSSION ON KITCHEN 3WENILE HALL
Supervisor Ladd said he would like to discuss an item concerning
the Juvenile Hall Budget. This concerns the kitchen at Juvenile Ha11.
It has been suggested heat the meals for Juvenile Hall inmates could be
prepared at the jail kitchen and delivered to Juvenile Hall. Supervisor Ladd
stated he had requested Scott Tandy to prepare figures to see how it would
come out-cost-wise. The breakdown was presented to the Board members.
Because of the planning that is going on for the remodeling of Juvenile Ha11,
a decision is going to have to be made soon. He requested that Scott Tandy
explain the costs for the program.
Mr. Tandy stated that the estimated cost per meal was .40 if prepared
at the jail. Juvenile Hall had estimated that it would cost them .53 per meal
to prepare the meals. The kitchen at the jail has a capacity to prepare about
360 meals. The Sheriff has indicated that he may need an additional cook
if they were going to supply these meals for Juvenile Hall.
age 192.
August 13, 1974