HomeMy WebLinkAboutM081473August l~, 1973
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, Madigan
and Chairman McKillop; Clif Mickelson, Administrative Officer, Dan
Blackstock, County Counsel, and Clark A, Nelson, County Clerk, by
Margie Catt, Board of Supervisors Clerk.
INVOCATION: Rev. Melvin ~T. Miller, Paradise United Methodist Church,
Paradise
Pledge of allegiance to the Flag of the United States of America
73-1286 APPROVAL OF MINUTES
On motion of Supervisor
Madigan and unanimously carried,
1973 were approved as mailed.
Gilman, seconded by Supervisor
the minutes of August 7th and 8th,
73-1287 COMMUNICATIONS
George W. Curtis, Oroville. Mr. Curtis writes to oppose the
county allocating more money for the bus service between
Chico and Paradise. Information only.
Everett L. Smith, Gridley. Mr. Smith asks consideration for small
farm owners in connection with restrictions on lot splits.
To be discussed under Item 27.
Kendall Engineering, Oroville. Mr. Geddis of the firm writes re-
garding construction of improvements in urbanizing areas
of the county. To be discussed under Item 27.
Ringel & Associates, Inc., Chico. Appeal is filed to the decision
of the Planning Commission denying application for tentative
map on property of Mr. and Mrs. H. F. Rennison. Hearing
set for September 11, 1973 at 2:00 p.m,
George H. Hacke, Paradise. Mr. Backe submits his resignation from
the Ad Hoc Committee of the Lime Saddle Community Services
District. Administrative Officer to write letter of
appreciation. Appointment to be made at later date
Dow, Lohnes & Albertson, Washington, D. C. As counsel for Te~evants
a~ of Paradise, Inc., the attorneys forward an application
~ p p.~ for a certificate of compliance for Paradise to be
maintained for public inspection. Filed according to
law; no action necessary.
Economic Opportunity Council. Mr.. Mickelson as Executive Director
bo writes that the EOC Administrative Board unanimously endorsed
y~° the providing of psychological services for the Butte
County Head Start Program. Discussed. See motion
following communications.
Butte County Employees Association. The Association writes
regarding the Memorandum of Understanding on rate of
reimbursement for mileage driven by county employees in
~ ~` their private automobiles. To be discussed later in the
meeting.
Page 422.
August 14, 1973
____ --=-=-August_14-'-19?3=====____--_
Oroville-Wyandotte Irrigation District. The District forwards
5 7 notice of its tax rate adopted for the 1973-74 fiscal
/ ~ °' year and also attaches list of the delinquent accounts
to be placed on the tax rolls. Referred to Auditor
for handling.
Yuba County Water District. The District sends amendment to
list previously filed of delinquent Standby Charges
~ p O.S y for placement on the 1973-74 tax rolls. Referred to
Auditor,
William P. Mace, Attorney at Law. Property line Adjustments-
and Senate Bill 412. County Counsel to comment on
said items. Copies of letter to be given to Board members.
1R. S. Staples. Placing of speed limit signs at intersection of
Oakway and Glenwood Ave., Chico. Read and discussed.
~''~ Letter referred to Public Works Director for answering
and to review the matter.
Oroville Union High School District. Request to consolidate
special school district election with special State election.
Referred to County Counsel to prepare resolution for
adoption. by this Board.
~ p O y~ Claim of Nancy T. Cowan aka Parker and Larry Parker in amount of
r $95.00. See motion following communications.
City of Chico. Resolution of Council requesting the Board of
Supervisors of County of Butte to institute proceedings
for establishment of County Service Areas. Discussed and
referred to County Counsel for study with a request that
he report back in two weeks.
City of Chico.. A suggested draft of an agreement between the
O ~ City and County for consolidation of the City and County
g ~ D~ libraries. County Counsel requested that copies be made
for Board members for their study,. No action taken
at this time.
0 o State Social Welfare Board. Notice of meeting in Orange County
~-~' to be held August 23 & 24th.
Donald and Margaret Finney. Appeal to Board concerning building
permits. Referred to Building and Planning for their
study and report to the Board next week.
Warren D. Rose. Petition for variance to provisions of Sections
19-10 and/or 19-12 of County Cade. Set for hearing on
September 18, 1973•
73-1288 ENDORSE PROVIDING OF PSYCHOLOGICAL SERVICES T'OR BUTTE COUNTY
HEAD START PROGRAM
On motion of Supervisor Cameron, seconded by Supervisor
Gilman. and unanimously carried, the Board endorsed the providing
of psychological services for the Butte County Head Start Program,
as set out in the letter from Mr. Mickelson as Executive Director
of EOC Administrative Board, and the Chairman was authorized to
sign.
73-1289 REJECT CLAIM OF NANCY T. COWAN AKA PARKER & LARRY PARKER
On motion of Supervisor Gilman, seconded by Supervisor
Ladd and unanimously carried, the claim of Nancy T. Cowan aka
Parker and Larry Parker in the amount of X95.00 was rejected and
referred to County Counsel. ,
Page 423.
August 14, 1973
------____-- ~ugust~4~z92~_-__-__-_-_
73-1290 DISCUSSION: LETTER REGARDING ACTIONS AT MEDICAL CENT:EE2
O~ HOSPITAL, OROV~LLE; EMERGENCY ROOM TREATMENT
p p• A letter from Mrs. Pat Carter concerning treatment, or
(p lack of treatment, rendered to her daughter, Mrs. Larry Graham,
read and discussed.
Mrs. Graham entered the hospital Saturday afternoon
upon advice of her doctor, Dr. DeMetry. She was five months pregnant
and there were indications that she might lose said baby. After
entering Mrs. Graham into the hospital, Dr. DeMetry left the hospital
stating he would return later in the evening. Mrs. Graham's mother
attempted to contact Dr. DeMetry, and when unsuccessful, tried to
call other doctors. There were no doctors available. Dr. Dart,
the emergency room doctor, delivered the baby and attended to
Mrs. Graham.
Board members discussed the treatment rendered to Mrs.
Graham and discussed what could be done about the situation.
Larry Graham spoke to the Board, setting out the facts
of this incident, as he recalled them.
Supervisor Ladd felt that something should be done about
these occurances. He felt that the Federal Government should help
to train more doctors. He said he would like to see this Community
actually go on a crusade to get something started in the way of
training more doctors. He said he intended to contact his
Congressmen and Senators and ask them to do all they can to help
correct these situations.
Chairman McKillop stated that he had contacted Mr. Hoff,
Administrator of the Medical Center Hospital. He stated that the
Hospital contracts for these emergency room services. Chairman
McKillop felt that maybe there is something wrong with the contract
and that it should be "beefed" up. The Board will indicate by
letter to the Medical Center Hospital the Board's feelings in this
matter. The Board will indicate that the contract be revised to
provide more doctors on the weekends and holidays.
Mrs. Ernie Albrecht, Yankee Hill, suggested that the
emergency center be expanded. She felt that something should be
done for these people who to to the hospitals on an emergency
basis.
Time spent discussing this situation and how it should
be handled. Chairman McKillop again stated that the Board would
contact the Medical Center Hospital and would indicate that they
feel the Emergency Room is understaffed and that theshould review
the contract to have the problem corrected.
73-1291 HOSPITAL ITEMS DECLARED SURPLUS
On motion of Supervisor Ladd, seconded by Supervisor
Madigan. and unanimously carried, the following hospital items
were declared surplus and the Purchasing Agent was authorized
to dispose of the same:
1. Ten Gatch beds
2. Six overbed.Fables
3. Six bedside tables st 14, 1973
4. Three shop-made exercise ~~
Page 424.
_ _ _ _ _ _ _ _ _ _ _ _ August_14, =1~7~ _ - _ _ _ _ _ _ _ _
73-12x2 APPROVE USE REPORT, REVENUE SHARING
On motion of Supervisor Ladd, seconded by Supervisor
Gilman and unanimously carried, the Revenue Sharing-planned use
report, for period of July 1, 1973 through June 30, 1974 was
approved and the Chairman was authorized to sign.
73-1293 APPROVE AMBULANCE CONTRACTS, EMERGENCY SERVICES_
Pursuant to Board instructions, the proposed ambulance
contracts for emergency services with the three ambulance operators
have been revised by County Counsel and have been approved by the
representative of the operators. The Auditor's approval of the
contract is subject to Board designation of the County official
authorized to approve claims under the contract and also designation
of the budgetary account to which these claims would be charged.
Supervisor Ladd said he had reviewed the contracts as
revised by County Counsel. There were certain items that he
objected to within the contracts. He set out his objections.
Objections discussed.
On motion of Supervisor Madigan, seconded by Supervisor
Cameron and unanimously carried, the ambulance contracts for
emergency services were approved and the Chairman was authorized
to sign; charges for emergency services falling within the three
provisions of the contract authorized to be designated to account
500-Medically Indigent Care, in the Medical Care Services budget,
with separate cost breakdown by the Auditor; and designated the
Health Officer or authorized deputy as the person authorized to
approve claims under the contracts to be charged to the Medical Care
Services budget.
73-1294 APPROVE WEIGHTS AND MEASURES EQUIPMENT LOAN AGREEMENT WITH
GLENN COUNTY
On motion of Supervisor Gilman, seconded by Supervisor
Ladd and unanimously carried, the Weights and Measures Equipment
loan agreement with Glenn County was approved and the Chairman was
authorized to sign.
G~'"'73-~1z9 ADOPT RESOLUTION 3-1 6 ADOPTING EXPENDITURES FOR FINAL BURG
F. H. Seely, County Auditor, presented a proposed
resolution adopting expenditures for the final budget for 1973-74.
Tax rate discussed. Mr. Seely said there should be a drop in
the tax rate of approximately .20. Resolution discussed.
On motion of Supervisor Ladd, seconded by Supervisor
Madigan and unanimously carried. Resolution 73-136 adopting
expenditures for Final Budget for Fiscal Year 1973-74 was adopted
and the Chairman was authorized to sign.
73-1296 AREA MANPOWER PLANNING BOARD: DESIGNATION OF BOAR1~ MEMBER
AND REPRESENTATIVES TO SERVE ON AREA MANPOWER PLANNING BOARD
The State Manpower Planning Board covering Butte, Calusa,
Glenn and Tehama Counties, is being reorganized. Nominations for
membership from each of the County Boards of Supervisors are
needed. Mr. Rackerby reported on this subject. Mr. Rackerby
presented a copy of a memo to the Board members setting out the
recommendations for the designation of representatives to serve
on the Planning Board. Background of the program set out and
Page 425.
August 14, 1973
August_14,_1973
discussed. Mr. Rackerby said he had contacted some of the people
in the county representing the type members needed and explained
the type members that are needed. He said the Personnel Director
should also be designated to serve on the Board. He said the
other counties will also make recommendations for designation
of representatives to the Planning Board.
On motion of Supervisor Gilman, seconded by Supervisor
Madigan and unanimously carried, Supervisor Jim Ladd was designated
as the Board member to serve on the Area Manpower Planning Board.
On motion of Supervisor Gilman, seconded by Supervisor
Cameron and unanimously carried, Jim Rackerby, Personnel Director,
was nominated as the County's staff representative to the Area
Manpower Planning Board.
On motion of Supervisor Gilman, seconded by Supervisor
Madigan and unanimously carried, the Board approved the list
of nominees submitted by the Personnel Director to be considered
for appointment to the Area Manpower Planning Board as follows:
Business Representative: Mr. Sherman Kirchmeier, General Manager
Louisana Pacific
Client Representative: Mr. Jim Harris., Business Manager,
Economic Opportunity Council
Mrs. Maxine Nelson, Director
Northern ~ ~11ey Indian Health Agency
Human. Resources Development Representative:
Mr. gen Robbins, District VI Administrator,
Human Resources Development
Labor Representatives: Mr. Jim Ryan, Chairman
Butte Co.-California Building &
Construction Trade Council
Mr. Rackerby said the Area Manpower Planning Board has
a Chairman. At the present time he is the Chairman, He feels that
the Chairman should be an elected official. Matter discussed.
Mr. Rackerby will recommend that Supervisor Ladd be made Chairman.
'73--1297 APPROVE BUDGET TRANSFER
On motion of Supervisor Gilman, seconded by Supervisor
Ladd and unanimously carried, the following budget transfer was
approved:
B-228, Air Pollution Control District - $1,271.73 (Various Accounts)
73-1288 APPROVE PUBLIC WORg,S ITEMS: ADOPTED RESOLUTION 73-1',~ and
ORDINANCE N0. 1378
On motion. of Supervisor Gilman, seconded by Supervisor Ladd
and unanimously carried, the following action was taken:
1. Approved acquisition of surplus water tank truck,
at an estimated cost of X350, for the Neal Road Landfill operation.
2. Approved Change O~der,~~ Paradise Pines Assessment
District 12, 13 & 14, in the decreasa. g amount ofA $1 ~~021~50i973
Page 426. ~ ~
_ _ _ _ _ _ _ - _ _ =August 14z 1973_ _ _ _ _ _ _ _ _ _ _ _ _
eliminating in entirety items 29, 35, 36, 37, and the Chairman
was authorized to sign.
3. Adopted Resolution 73-13~ authorizing acquisition of
/real property by eminent domain - Skyway FAS 75704) Guerra & Udovich
parcels, and the Chairman was authorized to sign.
4. Adopted Ordinance 1378 establishing speed limits on various
County Roads, (Esplanade, Lassen & Shasta) and the Chairman was
authorized to sign.
5. Authorized the City of Chico to take materials from
County Property (Lindo Channel) for use in the future extension of
East First Avenue across Lindo Channel.
73-1299 MODIF'1' BOARD CONDITION-RAMSEY PARCEL MAP AT E~TI,NSION OF KIBLER RD.
The Ramsey parcel map at extension of Kibler Road was approved
with a 30-foot right of way on the northerly side and the Board
requirement that the county road be built for the righter f-way
extension on this map. The right-of-way is only one-half. Clay
Castleberry, Director of Public Works, explained the situation, and
how it should be handled. Map discussed.
On motion of Supervisor Madigan, seconded by Supervisor Ladd
and unanimously carried, the Board condition on the Ramsey Parcel map
at extension og Kibler Road was modified to read: "Developer must
construct or post the cost of one-half a county road extension for
the length of property to the back lot and provide a minimum oiled
gravel road pending Elliott Extension."
73-1300 PUBLIC WORKS INFORMATION AND DISCUSSION ITEMS
a Road and bridge construction status report.
Mr. Castleberry stated that the lights were being installed at 5th
Avenue, Oroville and they will be working by the first of next
week. The road crews are working long hours and the projects
are all progressing.
(b) Report on vehicle clearance and removal. Mr. Castleberry
reported that Roy Pritchard was able to get 300 abandoned cars off
the right-of-ways this past year.
Supervisor Gilman questioned Mr. Castleberry about the
washout area where they are doing the revetment work. He asked
if they were going to leave the jagged edges there or are they
going to even the edges off. Mr. Castleberry said this would be
straightened out.
Supervisor Ladd stated that he feels bouquets are due
Mr. Castleberry i'or the land fill operations. He said he hopes
that the Board appreciates the fine manner in which Mr. Castleberry
answered the many questions that were asked him concerning the
operations.
Supervisor Cameron asked Mr. Castleberry if he had received
any response from his letter about a meeting with the planners,
inspectors and contractors. Mr. Castleberry said there would be
a workshop meeting on this matter, later in the fall. The
building code will be discussed at that time and the Building Code
Committee will be present. Page 427.
August l~l-, 1973
Augu.st_14,_197~ _ _ _
RECESS: 10:30
RECONVENED: 10:40
73-1301 DISCUSSION: PUBLIC DEFENDER CONTRACT
Time spent discussing the public defender contract.
Dan.Blackstock, County Counsel, stated he had placed on the Board
members desks a copy of the San Mateo County system. He set out
the alternatives on how to handle this matter. He set out four
alternatives:
1. Set up a Public Defender's office
2. Contract for the services
3. Go to the San Mateo System
4. Contract and; Public Defender system
He explained the fourth alternative. The County would
decide how many attorneys would be available on apart time basis.
One of them would be appointed the public defender. One investigator
would have to be hired. He explained how this method would work;
Nevada County operates under this system.
Proposed contract exp~ained by County Counsel. Supervisor
Ladd said that before the Contract was discussed, he would like to
make a statement. He sold some property on which the public defender's
present office is situated. He feels that this might cause a conflict
and that he was going to abstain from any action.
Chairman McNillop questioned County Ceunsel about the
contract and the appeal that is pending. He said that it might be
prudent to call for quotations from the other attorneys in the area
for this service. Discussed contract and the suggestion of calling
for quotations.
It was suggested that at this time it might be well for
one or two members of this Board to discuss this matter with the
Judges and report back to the Soard. Chairman McKillop was requested
to discuss this matter with the Judges, and will report back to the
Board.
73-1302 AUTHORIZE REFUND OI' VARIANCE PETITION FEE
On motion of Supervisor Gilman, seconded by Supervisor
Madigan and unanimously carried, the Board authorized the refund of
X25 petition fee to Mr. Charles Degischer, due to the denial of
said petition prior to publication of notice..
RECESS: The Board recessed at 10:55 to go into an executive
session for personnel matter.
RECONVENED: The Board reconvened at 11:30 following an executive sessio
73-1303 APPEARANCE OF ALBERT J. BLACK CONCERNING THE ENVIRONMENTAL TMPACT LA
Mr. Albert J. Beck, consultant-analyst, spoke to the Board
at this time concerning the environmental impact laws. Tae advised
the Board of the local establishment of two firms that will conduct
0~ ecological surveys and prepare and evaluate ETS's-EIR'S. These firms
~J3~ can provide better services at lower rates. He said he has been gather-
ing data for writing environmental impact reports. He explained the
purpose of the Environmental ~m pac~t~~lct anal .how he would handle the
August 14, 1873
_ _ - _ _ _ _ _ _ _ =August 141 193_ _ _ _ _ _ _ _ _ _ _ _ _ _
requirements of the Act.
His written statement was filed with the Clerk.
No action taken.
73-1304 APPEARANCE: MRS. ERNIE: ALBREC'3T-ESTABLISHND~TT OF COUNTY
SERVICE AREAS REQUESTED BY CITIES
Mrs, Ernie Albrecht, Yankee Hill, said she understands
that the City has passed a resolution concerning the establishing
of county services areas. She set out the matter of the use of
sales tax monies. The Cities had requested the return of 100%
of their sales tax money. At the time this was discussed, the
County residents were told that their sales tax revenue would be
used to defray the costs of the library and fire protection.
She feels that the surplus money should be pigeon-holed
and placed in the fire protection fund. She said the people in
the county areas want to know if the Board will continue to use
the sales tax revenue for protection of the residents of the
unincorporated areas of the County.
Chairman McKillop said the sales tax revenue is placed
in the General Fund and it is used for fire protection and other
special services for the people in the urban areas. Mrs. Albrecht
said the people should not be forced into service areas.
Chairman McKillop said this matter would be discussed
at the BCAG meeting to be held tomorrow. No action taken at this
time.
73-1305 APPEARANCE: MRS. MARJORIE cox
Mrs. Marjorie Cox, Paradise, asked if Mr. Beck was a
private party that would contract with the private residents and/or
the County for his services. Chairman McKillop said he was
a private party and explained purpose of his office and services
to be rendered.
73-1306 DISCUSSION: PROPOSAL FROM THE PARADISE REALTORS
Mr. Glen Maxwell, Paradise, set out the proposal of the
Paradise realtors. Mr. Mace, attorney at law, has prepared the
proposal.
Chairman McKillop said that Public Works and Planning Commissio:
will study the proposal and will report back to the Board. The Board
members did not feel they could discuss the proposal at this time.
Supervisor Ladd stated he had read the proposal. Mr. Maxwell
said that Mrs. Hanford, Planning Commissioner, had requested more time
to study the proposal.
Matter continued two weeks.
Supervisor Ladd requested that the letters from William
W. Geddis and from Everett L. Smith concerning this subject be
read at this time. Letters read and discussed. Supervisor Cameron
felt that Mr. Geddis had set out some good points in his letter.
He would like to have Mr. Geddis present when this matter is discussed.
73-13o APPEARANCE: MR. DON FAR ~_,~,~AL ROAD, PARADISE: LAND DIVISION
Mr. Don Farquhar, 3569 Neal gZoad, Paradise, stated that at
Page 429. August 14, 1973
Au~ast 14, 1973
the time he purchased the l0 .acres on Neal Road he intended to
build .on the front portion of the property. If he built on
the front portion of the property, he could not divide the property
in the back as there would not be enough frontage to build an
access road to the property. He said he cannot afford to stand
and do nothing. Mr. Lawson said that he has 109' frontage .and he
could not build and provide a 60' access.
Problem discussed. Chairman Mcgillop told him the
property was usable. The present laws would allow him to divide
his property. Mr. Lawson explained how the property could be
divided.
No action taken.
RECESS: 12:10
RECONVENED: 2:00
73-1308 APPROVE EXCEPTION FOR MOONEY PROPERTY OFF PALERMO ROAD & COX LANE
Jim Lawson, Planning Director, said there were people in
the audience that would like to discuss an access problem with the
Board. This property is. off the Palermo Road and Cox Zane, Oroville.
The Health Department checked the map and discovered that it was
an illegally created lot. They have access from Palermo Road but
it does not meet the requirement. They do not want any more land
divisions. They would like to secure a septic tank permit for a
mobile home. They would sign that there would be no further division.
of this land until a 1ega1 access could be provided. The~~,~property
is zoned A-2.
Requirements discussed. It was suggested that the request
be allowed with the understanding that the map be stamped "No further
divisions until proper access can be furnished".
On. motion of Supervisor Ladd, seconded by Supervisor Gilman
and unanimously carried, the Board approved the request of Mrs. Moora.ey
for an exception to her property off Palermo Road and Cox Lane,
with. the understanding that there wi11 be no further divisions
of this property until proper access can be furnished.
73-1309 PUBLIC HEARING: WILLIAM W. GEDDIS, APPEAL 0~' PLANNING COMMISSION'S
DENIAL, 2 LOTS, OFF COX' LANE, EAST Ol' OROVILLE-HONCUT RD., OROVILLE
ELMER P. RODERICN.
The continuation of the public hearing on the William W.
Geddis appeal of Planning Commission's denial of 2 lots, off Cox Lane,
east of Oroville-Honcut Road, south of Oroville, for Elmer P. Roderick,
AP 27-23-37 (Engineer: Kendall Engineering) was held. Jim Lawson,
Planning Director, gave the background of this matter. Planning
Commission denied this map on a 6-1 vote.
Hearing opened to the public.
Darrell Stevens, attorney at law, appeared as representative
of the applicant. This is a 20 acre parcel, which was created in 1971.
The owner built a home on the property and would now like to deed
a 5~acre parcel to his daughter and son-in-law to build a home upon.
Area set out and discussed. They have a traversable access.
No one appeared in protest.
Page 430.
August 14, 1973
August 14, 1973
Hearing closed to the public and confined to the Board
for decision.
On motion of Supervisor Ladd, seconded by Supervisor Gilman
and unanimously carried, the Elmer P. Roderick parcel map, 2 lots,
off Cox Lane, east of Oroville-Honcut Road, south of Oroville, AP 27-23•
37 was approved, subject to the conditions recommended by the
Planning Commission.
73-1310 PUBLIC HEARING: WILLIAM W. GEDDIS, APPEAL OF PLANNING COMMISSION'S
DENIAL OF A. P. LUCIANO PARCEL MAP
The continuation of the hearing of the William W. Geddis
appeal of Planning Commission's denial of 2 lots, 600 ft. off Cohasset
Road, 1 mile north of Cohasset, for A. P. Luciano (AP 56-10-23)
was held_ at this time. Mr. Lawson set out the background of this
matter. The Planning Commission denied the map an a vote of 6-1.
This is a situation where a clustering is taking place. He explained
the map and reasons for denial of the map. The lots are 2 and .3 acres
in size. There is quite a potential for many more lot splits.
Hearing opened to the public at this time. Appearing:
Mr. Geddis, representing Mr. Luciano. He said the applicant
has provided a 60' access through this property. He purchased the
property in 196']. He explained the request for approval.
Appearing in opposition: no one.
Hearing closed to the public and confined to the
Board. The property is zoned A-2; there is no problem with the
Health Department regarding pert conditions. A negative Ehvironment
Impact Report has been filed.
On motion of Supervisor Madigan, seconded by Supervisor
Ladd and unanimously carried, the A. P. Luciano map, 2 fats,
600 ft. off Cohasset Road, 1 mile north of Cohasset, {AP 56-10-23)
was approved, subject to the conditions of Plaxning Commission.
73-1311 PUBLIC HEARING: PROPOSED ORDINANCE REPEALING AND CONSOLIDATING
"PA-C" (PLANNED AREA-CLUSTER) ORDINANCES N0. 1120, 1152, 1181, 1328,
and 1338, AND ESTABLISHING REGULATIONS IN "PA-C" DISTRICTS
The public hearing on the proposed ordinance repealing and
consolidating "PA-C" (planned area-cluster) Ordinances No. 1120,
1152, 1181, 1328, and 1338, and establishing regulations in "PA-C"
Districts was held as advertised. Mr. Lawson set out the background
of this matter; Planning Commission recommend approval of the
ordinance. Changes within the ordinance set out and discussed. Size
of lot changed to read "minimum of 3 acres".
Hearing Open.Ed t0 the public. Appearing in opposition:'
no one. Appearing in favor: no one. Hearing closed to the public
and confined to the Board for their decision.
73-1312 ADOPT ORDINANCE N0. 1379 REPEALING AND CONSOLIDATING "PA-C
(PLANNED AREA-CLUSTER) ORDINANCE NOS. 1120, 1181, 1328, 1338,
AND ESTABLISHING REGULATIONS FOR THE USE OF LAND
n motion of Supervisor Gilman,, seconded by Supervisor
Madigan and unanimously carried, Ordinance No. 1379 repealing and
consolidating "PA-C" (planned area-cluster) Ordinanc Nos. 1120,
1181, 1328, 1338, and establishing regulations for the use of land
Page 431. August 14, 19']3
August 14, 19'73
was adopted ax~.d the Chairman was authorized to sign.
73-1313 PUBLIC HEARING: LAWRENCE E. TOWNER PETITION FOR VARIANCE TO
PROVISIONS OF SECTIONS 19-10 and/or 19--12 OF COUNTY CODE TO PLACE
MOBILE HOME ON PROPERTK LOCATED ON JONES AVE. DURHAM
The public hearing on the Lawrence E. Towner petition
for variance to the provisions of Sections 19-10 and/or 19-12 of the
Butte County Code to place a mobile home on the property located at ,i
Rt. 1, Box 345 (Jones Ave.), Durham, also identified as AP 040-30-0-
001-0, was held as advertised.
Hearing opened to the public. Mr. Lawrence Towner appeared
to explained his request.
No one appeared in opposition; there were no written
oppositions filed with the clerk. Hearing closed to the public
and confined to the Board.
On motion of Supervisor Gilman, seconded by Supervisor Ladd
and unanimously carried, the Lawrence E. Towner petition for variance
to the provisions of Sections 19-10 and/or 19-12 of the Butte County
Code to place:a mobile home on the property located at Rt. 1, Box 345,
(Jones Ave.), Durham, also identified as AP 040-30-0-001-0, was
approved, subject to the regulations of the Health Department.
73-1314 PUBLIC HEARING: ROY & SHERYL SMITH PETITION FOR VARIANCE TO
PROVISIONS OF SECTIONS 19-10 and/or 19-12 OF COUNTY CODE TO PLACE
A MOBILE HOME ON PROPERTY LOCATED ON NORD AVE. AT BELL RD. CHICO
The public hearing on the Roy and Sheryl Smith petition
for variance to provisions of Sections 19-10 and/or 19-12 of the Butte
County Code to place a mobile home on the property located at
Rt. 1, Box 481-@ (Nord Ave. at Bell Rd.), Chico, also identified as
AP 042-02-0-0350, was held as advertised.
Letters from William J. Walker and from Raymond 0. Salo
read in protest to this variance.
Hearing opened to the public.
Appearing in protest: 1. William J. Walker. He presented
a petition against the variance signed by the residents. The residents
do not feel that the mobile home would be in keeping with the present
dwellings.
2. Mrs. Raymond 0. Salo. They live next to the Smiths.
3. Mrs. Beatrice Walker,
Appearing in favor: Mrs. Sheryl Smith, petitioner.
She explained her request for this variance.
Hearing closed to the public and confined to the Board.
On motion of Supervisor Gilman,
Madigan and unanimously carried, the pet
for a variance to provisions of Sections
Butte County Code to place a mobile home
Rt. 1, Box 481-W (Nord Ave. at Bell 1Rd.)
Page 432.
seconded by Supervisor
ition of Roy and Sheryl Smith
19-10 and/or 19-12 of the
on the property located at
Chico, also identified as
August 14, 1973
_ _ _ _ _ _ _ _ - _ _ =August 14,, 1923= _ _ _ _ _ _ _ _ _ _
AP 040-30-0-001-0 was denied.
73-1315 FUBLIC HEARING: DURHAM COMMUNITY-PLANNING COMMISSION INITIATED
REZONING FROM "A-2" TO "R-3" (MULTI-FAMILY RESIDENTIAL}, "S-2"
(MINIMUM DENSITY SUBURBAN RESIDENTIAL), "R-1" (SINGLE FAMILY
RESIDEN'TIAL), "C-C'~ (COMMUNITY COMIAL), '~C-2" (COMMERCIAL),
"A- '~ AGRICULTURAL AND M-1 LIGHT INDUSTRIAL)
The public hearing on the Durham Community-Planning
Commission initiated rezoning was held at this time. Mr. Lawson
summarized the actions of the Planning Commission. He said that
the Durham Citizens Committee did most of the work on this rezoning.
He set out the zoning districts proposed. The Planning Commission
recommends approval of the rezoning.
Hearing opened to the public.
People appearing in opposition: no one.
Appearing in favor: Mrs. Lynn Dempsey, Chairman of the
Committee, spoke for the committee. She said that a lot of blood,
sweat and tears had gone into this planning. They had public hearings
to get the community in-put. Chairman McKillop said the committee
and the people should be commended for the fine work that they.
achieved in this planning effort.
Hearing closed to the public and confined to the Board. Time
spent discussing the proposed zoning.
73-1316 ADOPT ORDINANCES 1380, 1381, 1382, 1383, 1384, 1385
and 1386 REZONING FROM "A-2" TO OTHER ZONING FOR DURH~ll`T COMMUNITY
On motion of Supervisor ilman, seconded by Supervisor Ladd
and unanimously carried, the following ordinances were adopted and
the Chairman was authorized to sign:
Ordinance No. 1380-amending Ordinance No. 927, consolidating
"R-3" (medium-density residential) district
Ordinance No. 1381-zoning a portion of the County of Butte an
"S-2" (suburban-residential) district
Ordinance No. 1382-amending Ordinance 925, consolidating
"R-1" (single--family residential) districts
Ordinance No. 1383-zoning a portion of the County a "C-C"
(community Commercial) District, pursuant
to Ordinance No. 475, as amended
Ordinance No. 138G-amending Ordinance No. 996, consolidating
"C-2" (General Commercial)
Ordinance No. 1385-amending Ordinance No. 1071, consolidating
"A-3" (agricultural) districts
Ordinance No. 1386-amending Ordinance No. 946, consolidating
"M-1" (Light industrial) distxict.
73-1317 PUBLIC HEARING: DURHAM COMMUNITY-PLANNING COMMITTEE: EXTENSION
OF INTERIM ZONING FROM "A-2° (GENERAL) TO "A-3" (AGRICULTURAL),
UNINCORPORATED AREAS OF BUTTE COUNTY AT TOWN OF DURHAM
The public hearing on the Durham Community Planning Committee
request of extension of interim zoning from "A-2" (general) to "A-3"
(agricultural), unincorporated areas of Butte County at the town of
Durham was held as advertised. Mr. Lawson summarized the action of
the Planning Commission in this matter; they recommend approval of
Page 433•
August 14, 1973
_ _ _ _ _ _ - - - - _ = August=l4, =?-~7~ = - - _ - ~ _
.the extension of the interim zoning. The present interim zoning
would expire prior to the date that permanent zoning is effective.
Hearing opened to the public. Appearing in opposition:
no one. Appearing in favor: no one.
Mr. Robert Crum, Carson City, stated that he lived in Durham.
He owns property in the Durham. area. The. property is lying idle
because he cannot sell it due to the zoning in the area.. Mr..Crum
explained what has happened to his family because of the zoning
in that area. theyyoown 18 acres but no one can purchase it because
of this zoning. ate said there are other people that get hurt
because of zoning. conflicts. Statement of Mr. Crum discussed.
Hearing closed to the public and confined to the Board.
73-1318 ADOPT ORDINANCE 1387, AN INTERIM ORDINANCE ZONING A PORTION OF
THE COUNTY AN "A-3" (AGRICULTURAL) DISTRICT
On motion. of Supervisor Gilman, seconded by Supervisor
Madigan and unanimously carried, Ordinance 1387, an interim ordinance
zoning a portion of the County an "A-3" (agricultural) district
was adopted for a period of 60 days, and the Chairman was authorized
to sign.
73-1319 PUBLIC HEARING: PLANNING COMMISSION INITIATED-REZONING FROM "C-1"
(LIGHT COMMERCIAL) AND "A-R" (AGRICULTURAL-RESIDENTIAL) DISTRICTS TO
"N-C" (NEIGHBORHOOD COMMERCIAL) DISTRICT FOR AN .AREA G~:RAT~I,y
DESCRIBED AS PROPERTY ON BOTH SIDES OF PENTZ-MAGALIA HIGHWAY AT
STEARNS-ROAD, PARADISE
The public hearing on the Planning Commission initiated
rezoning from "C-1° (light commercial) and "A-R'r (agricultural-
residential) districts to "N-C" {neighborhood commercial) district
-for an area generally described as property on both sides of Pentz-
Magalia Highway at Stearns Road, Paradise, was held as advertised.
Mr. Lawson summarized the actions of the Planning Commission; they
recommend approval of the rezoning. Proposed rezoning discussed.
Hearing opened to the public. Appearing in favor: no one.
Appearing in opposition: no one.
Hearing closed to the public and confined to the Board
for action.
73-1320 ADOPT ORDINANCE 1388, ZONING A PORTION OF THE COUNTY AN "N-C"
(NEIGHBORHOOD-COMMERCIAL) DISTRICT, AND ESTABLISHING REGULATIONS FOR
THE USE OF LAND AND THE CONSTRUCTION OF BUILDINGS
On motion of Supervisor Cameron, seconded by Supervisor
Gilman. and unanimously carried, Ordinance No. 1388 zoning a portion
of the County an "N-C" (Neighborhood-Commercial) district,.and
establishing regulations for the use of land and the construction of
buildings was adopted and the Chairman. was authorized to sign.
RECESS: 3:40
RECONVEIAED: 355
73-1321 SUPERV2SOR MADIGAN EXCUSED
On motion of Supervisor ~~~a}~34seconded by Supervisor Ladd
August l4, 1973
_ _ _ - - _ August-14,_lg`]~_ _ _ _
and unanimously carried, Supervisor Madigan. was excused for the
balance of this meeting.
73-1322 APPROVE TENTATIVE PARCEL MAPS RECOMMENDED F`OR APPROVAL
On motion of Supervisor Cameron, seconded by Supervisor Ladd
and carried, the following tentative parcel maps were approved as
recommended by Planning Commission, with the condition set out by
the Planning Commission:
1. Dudley C. Blodget, AP 54-04-22, ~ lots, north side of
Pearson Road, between ,Susie bane and Lost Creek, Paradise.
2. Leo Frericks, AP 27-09-07, 3 lots, northeast corner of
Palermo-Honcut Hwy. and Louis. Avenue, Palermo. Engineer:
Kendall Engineering.
73-1323 TENTATIVE PARCEL MAP DENIED
The tentative parcel map submitted by John L. Groot,
AP 57-11-13, 4 lots, on Magalia-Nimshew Road, near Humbug Road,
Paradise, continued from August '], 1973, was discussed at this time.
A negative EIR was filed on this map. A possibility of pollution
of the well water had been discussed at last week's meeting.,
Chairman Mcgillop made the statement that maybe the EIR's were not
accurate enough. Supervisor Cameron said he had gone over the
property and he had some concerns. He felt the ditch and the stream
set backs should be taken into consideratioaa..
It was moved by Supervisor Cameron and seconded by
Supervisor Gilman that the tentative parcel map of John L. Groot,
AP 57-11-13, 4 lots, on Magalia-Nimshew Road, near Humbug Road,
Paradise, be denied on the grounds that it does not conform to
the General Plan and it does not qualify under the density
requirements.
Motion discussed. Chairman Mcgillop felt the map should
be denied on other grounds be.ides that of density. Supervisor Ladd
felt that it should be on the basis of sanitation. He said that
if the Health Department can give a clean bill of health, he would
have to assume that the lot does meet the requirements. Time spent
discussing action that should be taken.
The motion was amended to state that the tentative map was
denied on the grounds that it does not conform to the General Plan,.
axtd~that the plan and design of the proposed lot split did not
• provide adequate drainage for the development and that a serious
pollution problem could result from septic tanks if the lot split
-- ._
ad been a roved. _ _~_ ..._ _ --,•_-- ._. -- . - .-
- --- -_--T pup rs vam-eron, ~zl~an -and Chairman Mcgillop
NOES: Supervisor Ladd
ABSENT: Supervisor Madigan
3--1324 APPROVE SALE OF SUBDIVISION ORDINANCE AT COST OF X2.00
Jim Lawson, Planning Director, stated that the subdivisa.on
ordinance had been printed and were now available to the public.
He recommended that these be sold at a cost of X2.00 per copy.
The Board approved the sale of these ordinances at a charge of
X2.00 per copy; copies to be available at the County Clerk's Office,
Planning Department and Public Works Department.
Page 435.
August 14, 1973
_ _ _ _ _ _ _ _ _ _ _ _ August_l4, _1873 _ _ _ _ _ _ _ _ _ _ _ _
~,~' 73-1325 ADOPT RESOLUTION 73-138 REGARDING TRAVEL AND E$PEIVSES FOR
COUNTY OFFICES AND EPH'LOYEES
The Admin~.strator, pursuant to the Myers-Milias-Brown Act,
has met and conferred with representatives of the Employees
Association and forwards memo of understanding proposing that the
current 12¢-10¢ mileage rate be increased to 15¢-10¢. Statistical
information has been given to the Board members. Time spent
discussing the-memo. Supervisor Ladd questioned Mr. Mickelson
about the me•mo;he said he does not fully understand what a memo of
understanding means. Memo explained and discussed.
Supervisor Ladd felt that both levels of mileage rates
should be raised by a couple of cents. Mr. Mickelson said these
items were discussed at the salary study time. The employees were
also requesting standby payment for cars of employees that might
have to be driven during the day. The Administrative Officer had
been instructed to study the request and come up with a memo of
understanding to be sez~.t to the Board for study. The employees had
agreed to a recommended rate increase of 15¢-10¢. Chairman Mcgillop
said that maybe the suggestion of Supervisor Ladd of increasing the
rates to 14¢-12¢ should be considered. Over-all cost of the increase
set out and discussed. It was felt that there should be a continued
analysis made of the mileage.
Mx'. Mickelson requested that the resolution include the
change that in some Government programs there are different
mileage rates than that paid by the County, and that the Auditor
should pay at the rate of the grant service. He explained the
suggested change.
On motion of Supervisor Ladd, seconded by Supervisor
Gilman ,and carried, Resolution 73-1-38 regarding travel and expenses
for County offices and employees be adopted, Chairman authorized to
sign, at .the suggested rates of 14¢-12¢, and that a continued
analysis be made of this mileage; resolution to include changes
proposed by the Administrative officer.
73-1325 ANNOUNCaTE.DTTS
Supervisor Cameron announced that applications will be
taken all day Thursday, August 16th, for the low income housing units
in Paradise at his office. These are Senior Citizen rentals.
Dan Blackstock, County Counsel, said that with regard:
to the Board's authorization to file suit on the Ward Subdivision
property, they received a deed yesterday with the advise that the
parcels were being put back into 2 parcels of land. He has not
had a chance to study the matter; after studying the matter he will
report back to the Board.
ADJOURNMENT:
There being nothing further before the Board at this time,
the meeting was adjourned at 4:35 p.m. to reconvene on Tuesday,
August 21, 1973 at 9:00 a.m.
CLAR%~A/~ NELSON, CO~U/NT~Y CLIIIS +
By: ~-rw~,-~`~ ~ ~"",~'~~+"~.., airman of the oard
Board of Supervisors Clerk
Page 436.
August 14, 1973