HomeMy WebLinkAboutM082873August 28, 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 McNillop. Ev Bosworth, Assistant Administrative Officer,
Dan Blackstock, County Oounsel, and Clark A. Nelson, County Clerk,
by Margie Catt, Board of Supervisors Clerk.
INVOCATION: Wayne Crawford, Pastor, Biggs Assembly of God Church
Pledge of allegiance to the F12g of the United States of America
73-1354 APPROVAL OF MINUTES
On motion of Supervisor Ladd, seconded by Supervisor Gilman
and unanimously carried, the minutes of August 21, 1873 were approved
with the correction on Page 4.42, Ztem 73-1339, to add to the end of
the second paragraph "without followin; the proper procedures."
73-~355_COMMUNICATIONS
Frank 0. Neth. An appeal is filed to P7_annin Con;sn_is.,ion c3er,ision
~~ 3~pn on August 16 denying use permit for adult mobile home
park on Merseman Avenue. Set for hearing on September 25,
1973 at %?:00 p.mi
'~i0.o~~'s. Louel a Starr, Paradise. Letter in support of the bus service.
Place in file.
~~0 ap Thomas Friedman, Gridley. Letter in opposition to the bus service.
Place in file.
Medical Center Hospita]. of Oroville. Mr. Robert Stern, president
(p O O.d ~ of the Board of Directors, writes regarding plans for
construction of the new emergency room unit. Discussed;
no action taken.
Paradise Tree Advisory Committee. The Committee requests the Board
y ~,O~p p to consider appointing Mr. John Hanford, Mrs. Dorothy Subke
and Mr. Henry Dubke to .the Committee, or i_f this is not
possible, to appoint them as alternates. See motion
following communications.
Butte County Superintendent of Schools. The Superintendent files
~ ~ , p v certification of amount to be raised by county tax for.
children in institutions for 1973/7~~. Referred to
Auditor.
Butte County Superintendent of Schools. The Superintendent of Schaols
fori~ards revised certification of amounts to be raised
~ 4 ~ ~ v by county tax a_~. 1973/74 for physically handicapped,
educable mentally retarded, trainable mentally retarded
.and Juvenile Hall. Referred to Auditor.
Paradise Recreation and Park District. District writes regarding
tax rate limitations under Senate Bill 90, and requests
~~ ~ that if there is correcting legislation crhich will permit
~ 0 0' use of their 1971-72 rate which is higher than their 197 73
rate, that this be done for 1973-74 and if not retroactive
that the :4igher rate be used for future budgets. County Counsel..
to advise District of new emergency bill before Legislature.
Mrs. Fran McCulley, Paradise.- Communication is in opposition to
l~ 3~~ ~ "urban area boundaries." Discussed; no action taken.
Page 447, August 28, 1973
Yuba County.Water District. The District files tax rates for
/ ~0,~ appla.cation to the District's 1973-74 tax rolls. Referred
to Auditor.
City of Oroville. The City files Resolution No. 3016 requesting
~ the Board of Supervisors to institute proceedings for
p p. establishment of county service areas in accordance with
Government Code Section 25210.11. See discussion later
in the meeting.
State Public Utilities Commission. The Commission forwards copy
of "order instituting investigation" for purposes of
f OO.i ~ establishing a list for the 1971f- of existing and proposed
crossings at grade of city streets or county roads molt
urgently in need of separation. Referred to Public Works
Director; he will report back to Board.
State Department of Health Education and Welfare. The Regional
Auditor Director of Region IX writes regarding the Head
o p Start portion of the audit of OEO and HEW grants made by
~ ~~. Bartig, Basler and Ray for the year ended December 31, 1972.
HEW shows unallowable Federal Head Start costs of X20,622
because of lack of supporting docume~~.tation of in-kind
space costs. Supplemental information is being compiled
and will be submitted to substantiate all disallowances
in the audit report. Referred to 4Telfare Department and
Administrative Office for study..
Jake L. Henneman. Objecting to boundary reallignment of Marybill
~i'~•o~ Ranch with Jayred and Towne. Referred to Public Works
Director and Planning Commission.
Dallas Huggins. Writes thanking the Board for invitation to the
/ O ~•ao Northern Counties Association meeting in Chico recexztly.
Melvin Morris, S & M Trucking. Proposal to run a transfer station
for the County of Butte. Read and discussed. County
t~/Z ~.O 0 Counsel's memo on matter discussed. Public Works was
authorized to prepare specifications tv go to bid .for
a new station. Mr. Castleberry ttiTill advise the Simpsons
of the Board's thinking in the matter.
Kelly Ridge, Lake Oroville, Change in school district boundaries.
~-p 0,0 d Read and referred to County Counsel for his study and
responsem
73-13_56 APPROVE AFPOTNTMENTS TO PARADISE TREE ADVISORY COM1YlITTE
On motion of Supervisor Cameron, seconded by~Supervisor
Gilman and unanimously carried, the following were appointed to
the Paradise Tree Advisory Committee as alternates:
Mr. John Hanford
Mrs. Dorothy Subke
Mr. Henry Subke
73-1357 APPROVE ADMINISTRATIVE OFFICE ITEMS: ADOPTED ORDINANCES 1389
~ & 1 90 a„nd RESOLTJTION -14 Book Processin Contract
n motion of Supervisor G13man, seconded by Supervisor
Madigan and unanimously carried, the following action was taken:
1. Adopted Ordinance 1389 to implement an amendment to
County contract with the Public Employees' Retirement System to
provide cost-of-living increases to employees retired prior to 1871
and the Chairman was authorized to sign.
Page 4.4$.
August 28, 39'73
---------------August 28, 1973
2. Adopted Ordinance 1390, the salary ordinance amendment,
and the Chairman was authorized to sign.
3. Approved submission of the grant application to
expand Butte County sponsorship of the Neighborhood i'outh Corps
program to include the in-school element and authorized the
Chairman to sign, subjec-t~ •F,•o County Counsel and Co~~~.nty Auditor's
approval.
4. Discussed the purchase of microfilm camera.. Purchasing
has made extensive inquiries into microfilm cameras suitable
for the county microfilming needs, and has determined that Eastman
,`Oa Kodak Reliant 700 model would be most suitable. the net total
/~'[~ cost after trade-in is 55,685.03. The 73/74 budget includes $5,600
for this machine, however, no additional transfer will be necessary.
A representative from Bell & Howell ~aresent to discuss
this purchase. They submitted a new proposal for this machine.
Mr. Struthers said he would stand by his recommendation
for purchase of the Eastman Kodak Reliant 700 model.
The approved the purchase of the Eastman Kodak microfilm
camera at a cost of °5,6$5.03.
5. Adopted resolution 73-143 approving the book processing
contract for the County Librarian and the Chairman was authorized
to sign. "
6. Authorized Data Processing Director to acknowledge
cancellation of Colusa County payroll processing agreement effective
October 31, 1873.
73-1358 DISCUSSION: TTRE CONTRACT
Supervisor Cameron questioned Mr. Struthers concerning the
memo on the fire contract. Mr. ,Struthers stated that~no Board action
was necessary. Mr. Struthers said the County has had numerous
problems ~,iith Jones Tire Service. About a week a.go Mr. Darby, one
of the partners of Jones Tire Service, called Mr. Struthers and
stated that they would like to get out of the contract with the
County. Following discussions with Jones Tire Service, the second
low bidder, Townsend Tire and Wheel, agreed to take over the contract.
Mr. Darby was present and explained the re4uest of Jones Tire Service.
Matter discussed; no action necessary.
73-13 APPROVE PUBLTC WORKS ITEMS
On motion of Supervisor Gilman, seconded by Supervisor
P~adigan and unanimously carried, the following action was taken:
1. Accepted the work of Butte Creek Rock Co. for the
lime treatment and paving of Richvale-West Roar'_, Second Street,
Fruitvale Avenue and Goodspeed-Watt Road, the Chairman was authorized
to sign the Notice of Completion and the Clerk was instructed to
record said Notice of Completion with the County Recorder.
Page 444q.
August 28, 1973
2. Approved removal of record maps from Recorder's
office for microfilming at nights and Saturdays.
3. Approved CC0 #1, Pentz Road Project No. 43431-69-2,
in the increasing amount of X477.92 provides for installing
county--furnished FMP and backfilling with permeable material to
alleviate an underground spring encountered in the excavation and
the Chairman was authorized to sign.
y-. Approved CCO #6, Paradise Fines Gountry Club #4 A.D.,
for extra work at force account in the increasing amount of
$1,60$.58 for additional drainage facilities and the Chairman wa.s
authorized to sign.
5. Approved the final map of Kelly Ridge Estates 2A
(66 lots Ke11y Ridge, Oroville,l aff ens of dedication were accepted_
and the Chairman was authorized to sign.
73-1.360 GRANT BUILDING PERMIT FOR DONALD FINNEY
Clay Castleberry., Director of Public Works, reported on
the request of Donald Finney for a building permit. He stated
that the parcel was created years ago without a 50' access. The
access has now been provided. Action discussed. County Counsel
stated that the Board had to take action so that the matter would
be legally handled. The Finney's are requesting a building permit
and the Board could grant authorization to issue the building permit.
Mr. Castleberry said he would recommend that the Board allow the
issuing of the building permit.
On motion of Supervisor C-~m.eron, seconded by Supervisor
Gilman and unanimously carried, the Board authorized T~ublic Works
to issue a building permit for Donald Finney.
73-1361 AUTHORTZE TAX COLLECTOR TO RELEASE LTEId, DELTN~,UENT UNSECURED TAXES
The Tax Collector requests Board authorization to release
Certificate No. 509 for delinquent unsecured taxes. He feels
that the County has adequate security.
On motion of Supervisor Gilman, seconded by Supervisor
Ladd and unanimously carried, the Tax Collector was authorized to
release Certificate No. 509 for_ delinquent unsecured taxes.
'1'ne 1ia11I-Orn7..a 111Vlslon OY- r'Orestry r.'mployees A.ssoclatlon
makes application for circus to be held in the North Valley Plaza
parking lot on September 22 and 23 with two shows daily at 2 and 4 p.m.
They further request gnat the fee of X100 for each day be waived.
Statement of earnings and application of funds for non-pro~.:i.[:
event has been submitted and states that 50% of the net proceeds
will go to a disability and survivors fund for the Division of
Forestry employees. Time spent discussing the application.- and the
request for waiver of fees. The fees are for the clean up,
inspection and law enforcement. Supervisor Ladd felt the fee
tras to cover the County costs; it would be a donation to them if
the County waived the fees.
On motion of Supervisor Ladd, seconded by Supervisor
Cameron and unanimously carried, the circus license for the
California Division of Forestry Employees Association was approved
Page 450.
• August 28, 1973
- - - - - - - - - - - - = August=28, =1~7~ _ _ _ _ _ _ _ _ _ _ _ _
for September 22 and 23, with two shows daily at 2 and 4 p.m.,
to be held in the North Valley Plaza parking lot, Chico, without
the waiver of fees.
fJ3-1363 ADOPT RESOLUTION 3-1L1~!- REPLENISHMENT OF CASH DIFFERENCE FUND
On motion of Supervisor Lada, seconded by Supervisor Cameron
and unanimously carried, Resolution 73-144 replenishing cash
difference fund (Treasurer-Tax Collector) was adopted and the
Chairman was authorized to sign.
Supervisor Cameron asked that when the Department Heads
such as the Treasurer place matters on the agenda that they be
present to discuss said items.
RECESS: 10:10
RECONVENED: 10:30
73-1364 DISCUSSION: PURCHASE OF LARGER CAMERA FOR MICROFILMING
The Board had questioned whether it could be to the County's
benefit to purchase a larger camera for microfilming maps for Public
Works. Mr. truthers explained the type +sameras that are available.
To reproduce maps would need a camera with a small flat board; it
would be impractical for most of the County's microfilming. The
Public Works Department is contracting for the work to handle the
backlog. .Cameras discussed; no action taken.
73-1365 APPROVE PURCHASE OF TWO ALUMINUM POSTING BOARDS FOR COUNTY CL~
C~.ark Nelson, County Clerk, requests Board approval for a
solution to the bulletin board problem at the Butte County Courthouse.
He recommends transferring the old posting boards from the County
Administration Building to the Courthouse at an approximate cost
of X100. An alternative to this would be to purcl~;a,&e two aluminum
4' x 6' posting boards at a cost of X300 each. Supervisor Ladd
indicated that the price of X300 would be reasonable. This is the
actual cost of the board, not installed. The boards could be
installed by Dave Davis' department. Discussed action that should
be taken.
On motion of Supervisor Cameron, seconded by Supervisor
Madigan and unanimously carried,'the Board authorized the purchase
of two aluminum 4' x 6' posting boards at a cost of X5300 each, to
be installed by the Building Maintenance Department.
Time spent discussing the memo from T•Tr. Nelson concerning
voter change. Mr. Nelson stated that this proposal was for the
State election in November and would be used for the smaller elections.
73-1366 DISCUSSION: REPORT TO THE BOARD ON CHICO RESOLUTION REGARDING
COUNTY SERVICE AREAS
The report from County Counsel on the Chico resolution
-^egarding county service areas discussed. The City of Oroville
resolution also discussed. Mr. Blackstock stated that the Board
cannot take any actian at this time. He recommended that it
might be helpful to the City and County if he met with the two
city attorneys and arrive at an agreement as to what the law is
in this matter. He felt this w~agde ~~lthe proper way to handle
their requests. Augast 28, 1973
_ _ _ _ _ _ _ _ _ _ _ _ _ _Aug~xs t 281 ?-923= _ _ _ _ _ - _ _ _ _ _
Recommendation of Couxzty Counsel discussed. It was felt
the letters should be answered in that vein. The Board directed
County Counsel to meet with the attorneys for the City of Oroville
and the City of Chico on the concept of the law and for him to
report back to the Board on this meeting.
SB 90 discussed. Under th~.s bill, if passed, the people
would still have the right to vote on any,inCrease to the takes.
County Counsel was requested to ask the Attorney General 'for on
opinion on this matter.
On motion of Supervisor Gilman, seconded by Supervisor
Ladd and unanimously carried, County Counsel was requested to
write letters to the City of Oroville and City of Chico, over the
Chairman's signature, stating that County Counsel would meet with
the attorneys for the cities and discuss the matter set out in
their resolutions, with copies of the said letter being sent to
~~ the other cities in the Co~znty.
" 73-1367 ADOPT RESOLUTION/~~I~?~~~IDATING VARTOtTS ELECTIONS TaITH THE
STATE ELECTION ON NOVEMBER 6, 19 3
On motion of Supervisor Gilman, seconded by Supervisor Ladd
and unanimously carried, Resolution 73-145 consolidating various
elections with the Stye election on TTOVember 6, 1973 was adopted
and the Chairman was authorized to sign.
x/'73-1368 ADOPT RESOLUTIONS 73.-146 and 73-147, AUTHORIZING PARTIAL RELEASE
RELE_~1SE OF MORTGAGES-HENRY' L. JACKSON
Partial release of mortgages by Henry L. Jackson, the
third executed July 11, 1961, and the second executed May 7, 1962
is requested. Jim Griffith., deputy county counsel, explained the
request. Neither of the mortgages are enforceable. He said the
Creditor Claims are still on fi~_e i_n th.e ;t3z;ti;c-'r.
On motion of Supervisor Gilman, seconded by Supervisor
~-'Madigan and unanimously carried, Resolutions 73-146 and 73-147
authorizing partial release of mortgages by Henry L. Jackson were
adopted and the Chairman authorized to sign.
c~73-1369 ADOPT RESOLUTION 73-148 DETERMINING & FIXING ADMINISTRATIVE
COSTS FOR ABATEMENT .AND REMOVAL OF ABANDONED, ETC. VEHICLES AND
RESOLUTION -149 CALLING FOR CONTRACT WITH CALIF. HIGHWAY' PATROL
On motion of Supervisor Cameron, seconded by Supervisor
Gilman and unanimously carried, the following resolutions were
adopted and the Chairman was authorized to sign:
Resolution 73-148, determining and fixing administrative
costs ($20.00) for abatement and removal of abandoned, wrecked,
dismantled or inoperative vehicles
-~ Resolution 73--149, calling for contract with California
Highway Patrol for participation in abandoned vehicle abatement
program. .
73-1370 COUNTY COUNSEL AUTHORIZED TO SUBMIT LEGISLATION REGARDING
THE INCREASING OF COURT REPORTER FEES
Dan Blackstock, County Counsel, stated that it had
been called to his attention that the per diem for court reporters
had been increased, by 20% by the St,~te. He feels that the fees
for court reporters should be raised. 'He requested authoriz t' n
Page 452. Augusta ~, 1973
August 28i 1973
to present a bill that would amend Government Code Section 70054.4,
to increase court reporter fees from X10 to X12.00. Bill discussed.
On motion of Supervisor Madigan, seconded by Supervisor
Ladd and unanimously carried, County Counsel was instructed to
submit a bill to the State requesting that Government Code Section
70054.4 be amended to increase court reporter fees from x¢10 to .$12.00.
73-1371 DISCUSSION:-DATA PROCESSING SPACE REQUIREMENTS
The Data Processing Users Committee submitted -~raposals
for Data Processing space last week and members of the Committee
were present at this time to discuss the proposals. Hank Hindery,
Data Processing Director, set up a floor plan of the proposed use
of the present county library building. Plan set out and discussed.
He felt that Data Processing Department should have the use of the
whole library area.
Supervisor Gilman said he felt this was a lot of space
to be used by this department; there are other needs besides this
department. Chairman McKillo?~ said there was space needed by other
departments. One of the biggest space problems is that of Planning.
Some of the space at the library should be utilized by Planning, it
was felt.
Mr. Hind.ery reauested. that the Bo<a..r3 consider his proposal.
Chairman McKillop suggested that the Board could consider
using the entire basement area for Data Processing Department. He
felt that Planning should be close to Fablic Works.
Rolland Vandegrift reported for the Data Processing
Committee, explain.3.ng the problem of getting the tax bills out
and the problem of storage. 'T'he committee feels that there is
a need for a working area so that the users could go to the data
processing department and process their material, The Committee
also feels that a stuffing machine for mail-outs should be secured.
Clark Nelson, County Clerk, stated that in over three years time
his election department had spent over ~b6,000 for extra help for
stuffing ersvelopes. "'his could be deducted from extra help if the
stuffing machine was secured.
Space needs discussed. It was felt that maybe a committee
should be ap_rointed to work on this matter. Friorities should
be set up.
Mr. Bosworth stated that they had made a study of the
space needs. He ouestioned Mr. Hindery about the schedule of
delivery for the new equipment. P4r. ?iindery said it was to be
up to the County when they desired delivery. Mr. Hindery said
they do have a problem with the additional printer; he said his
staff was working every vreekend to get the work done. His
department trould like to keep ~p with production. The new
equipment is needed but they cannot do anything about it until
the space problem is solved.
Renovation of the Safeway Building discussed, A contract
will be before the Board when ti~rord is received about the County
taking possession of the buildin Supervisor Ladd reauested
that County Counsel call today a~out the Safeway Building.
Page 453,
August 28, 1973
Au~st 28, 1973
No.action taken on the spice requirements for Data .Processing.
73-1372 MR. ORRIN STRATTON, CHARTER STUDY COMMITTEE RECOMPTEIVDATlONS
Mr. Orrin Stratton was present at this time to~discuss
the recommendations of the Charter Study Committee. This was
presented for the Board's consideration. Chairman McKillop sta%ed.
Li~;~tt the report was well done. Mr. Stratton read the report.
He stated that the Committee had reviewed the Land Use regulations.
The Committee feels that there is a. need for recrganization of the
departments that handle the lane. use regulations. Supervisor Gilman
felt that a person should be able to go to one office for all the
permits that are needed. It is felt that the Planning Department
does not have enough space to work at peak efficiency and that mo_e
space will be required for this department.
Chairman McKillop said the Gounty will be t~rorking to
correct the deficiency in the Planning area. Report discussed;
no action taken at this time.
73-1373 APPEARANCE: RUSS SANFORD, PRESIDENT-MOTORCYCLE OWNERS RIDERS
ENTY,USIASTS
Russ Sanford, president of Motorcycle Owners Riders
~ Enthusiasts, stated he was present at this time because of a.
0,2 newspaper clipping. This clipping led him to believe that there
~a tivas a misunderstanding of the 1a~1T concerning off-pavement vehicles.
He gave an explanation of the law and how it works. Off-Highway
Vehicle Fund explained. He presented a status of off-highwa~r
vehicle study that had been prepared by the Department of Parks
and Recreation. Distrib~_ttion of the funds explained. The funds
can be used in the same respect as any tax money in the General
Fund; it is not mandatory that the money be used for off-highway
vehicles. Moneys that are placed in the off-highway vehicle fund
explained. Some of the money will stay with the State .Parks and
Recreation Department. The Department can purchasa sites that
would be used as off-highway vehicle area sites.
Mr. Sanford said he hoped that the Board might give
consideration to have the local recreation districts study the matter
of having facilities for the off-highway vehicles. Recreation
districts can take advantage of the off-highway vehicle funds.
Discussed; no action taken.
73--1374 APPEARANCE: MR. KEN DOW, MANZANITA, GHICO, RE9UESTS APPROVAL
OF WADDELL USE PERMIT FOR STABLE
Mr. Ken Dow, 1592 Manzanita, Chico, said he was appearing
to voice his approval of the granting of the extension of the use
permit for the Waddell stable. He said he lives across the street
from the stable.
Linda ti•Iaddell, applicant, appeared and said that the
matter would be before the Board on September llt??. The date of
the hearing confirmed as September 11th.
RECESS: 12:00
RECONVENED: 1:30
73-1375 APPROVE TENTATIVE PARCEL MAPS
Jim Lawson, Planning Dir for set out the parcel maps
Page x+54.
August 28, 1973
- _ - _ _ _ _ _ _~ - - _ ~ugu~t_2$,-1g7~
recommended for approval.
Mrs. Elizabeth Leach, Chico, appeared to protest the
60' access requirement for the Malcolm Jayred & William S. Town,
AP 40-02-73 & 35, 2 lots, off Hk~. 99, on Entler Avenue, at
Southgate Industrial Park, Chico. At the present time there is
access going into the property. It was felt that these people
Taere not creating a new r~ rcel.
Earle Dunne was present as representative for the
property owners. These people are exchanging an equal amount of
property. They are not creating any new parcel. They were attempting
to create a straight boundary line. Dan Blackstock, County Counsel,
questioned Mr. Dunne about financing of the:,e properties. He felt
that no action was reguired as far as parceling was concerned as
no new parcel was being created. He said the Board should determine
that no parcel map is required. The Bo~^.rd approved this matter
being handled as an exchange.
On motion of Supervisor Ladd, seconded by Supervisor
Madigan and unanimously carried, the following tentative parcel
maps recommended for approval were approved, subject to the
conditions of the Planning Commission, excluding the Malcdm
Jayred & William S. Towne map:
1. Morris & Madeline Facer, AP 36-43-12, 2 lots, east
side of Foothill Blvd., near Greenbank Drive, Oroville.
Surveyor: G. M. Elliott
2. George Burwell, AP 30-13-2 & 14, 4 lots, west side
cf 10th Street, south of Feather Avenue, Oroville.
Engineer: I{endall Engineering
3. R. D. Hennigan, AP 47-13-15, 3 lots, west side of
Hwy. 99, opposite Meridian Road, Chico. Surveyor:
D. R. Roper.
Discussed approval of tentative parcel map of Ernest R.
Wolfe, recommended for approval and in an area that has previously
been and is in the process of being four by Poured.
On motion of Supervisor Cameron, seconded by Supervisor
Ladd and unanimously carried, the Ernest R. Wolfe tentative parcel
map recommended for approval, AP 57-05-24, 4 lots, approximately
1800 ft. east of Skyt,*ay, north of Paradise, ~•ras approved, subject
to the conditions of the Planning Commission, and with one other
condition that if there are any other splitting of the property,
it will be subject to the rural subdivision standards.
On motion of Supervisor Ladd, seconded by Supervisor
Gilman and unanimously carried, the following tentative parcel map
recommended for approval and in an area that has previously been
and is in the process of being four by Poured, was approved,
subject to the conditions of the Planning Commission:
1. Marvin L. Gilbertson, AP 41-O1-105, 4 lots, on
Lunt Road, off Hwy. 70, above Lake Oroville.
Surveyor: John ~rJ. Hamby.
Page X55•
August 28, 1973
August 28, 1973
--------------------------------
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73-1376 APPROVE TENTATIVE SUBDIVISON MAP (SYCAMORE CREEK) RECOr~N1}ED
FOR APPROVAT~ BY PLANNING COMMISSION, WITH A REQUEST FOR ~CEPTION
Jim Lawson, Planning Director, explained the Sycamore
Creek tentative subdivision map. Excepbionc ;,,F,L ~.~:a , ''.r- a= a _d that
Lot 5 would not have the footage; lot 13 is a flag lot. Carl
Rado]:f, representing 1~TcCormick Environmental Group, set out the
conditions set by the Butte County Health Department concerning
leach. lines to be provided for each lot. Conditions discussed.
On motion of Supervisor Madigan, seconded by Supervisor
Ladd and unanimously carried,. the following tentative subdivision
map recommended for approval and requesting an exception was approved,
subject to the conditions proposed by Planning Commission:
1. Sycamore Creek, 22 lots, on Hicks Lane and Sycamore
Creek, north of Chico. Owner: Lavon and Rena Kinney.
Engineer: Murray-McCormick
RECESS: The Board recessed at 1:50 for a utilization meeting.
RECONVENED: 2:00
73-1377 ADOPT ORDTNANC:~ 1391, INTERIM ORDINANCE REZONING FROM A-2
to S-2, NORTH EAST CHTCO
Mr. Lawson put up a map of Northeast Chico area.
This concerns one of the large A-2 areas discussed back in
February, when the Board held a joint meeting with Planning
Commission. Commissioner 4Jaters requested that the staff initiate
rezoning proceedings. R~r. Lawson explained the background of
this matter. The staff recommended S-2 for the interim zoning
so that they can discuss permanent zoning for the area. City of
C'~ico has recommended single family dwelling zoning for that area.
Rezoning discussed.
On motion of Supervisor Madigan, seconded by Supervisor
Gilman and unanimously carried, Ordinance No. 1391, an interim
zoning ordinance, rezoning from A-2 to S-2 for property in north-
east Chico, for a period of 120 days, and the Chairman was authorized
to sign.
73-1378 PUBLIC HEARING: MRS. BETTY ANN BAKOS, APPEAL OF PLANNING
COMMISSION'S DENIAL OF A USE PERMIT FOR AN 80 {EIGHTY) UNIT MOBILE
HOME PARK, CHICO.
The public hearing for the Betty Ann Bakos appeal of
Planning Commission's denial of a use permit for an 80 (eighty)
'l~.a~ unit mobile home park, Chico, was held as advertised. Tim Lawson,
Planning Directo-~°, summarized the actions of the Planning Commission
in this matter. Planning Commission recommended denial of the
use permit. City of Chico felt that the density proposed was too
high for the area and that it should be brought more in line with
the General Plan.
Hearing opened to the public.
Appearing in favor: Mrs. Betty Ann Bakos, applicant.
She set out reasons for her appeal. Skze said they have 13 acres;
they propose to develop on thePagei~s5~f 6 per acre. The property
August 28, 1973.
cannot be farmed. The taxes are getting out of hand and they have
reached the conclusion that a mobile home court T:~as their only
solution for the property.
Appearing in opposition to the use:
1, Mrs. Sharon Lehman. She set out the background of
this matter.
2. Mr. Art Lehman. He presented a letter from Mrs. Lima
in opposition to the use. The residents in the area oppose as3ditinnal
mobile home courts in that area; they feel strongly about the
increase in the traffic.
3. Mrs. B:. J. Held, Panama Ave., Chico. She set out
her opposition to this use.
Hearing closed for Board deliberation. There was a petition
filed zr~ith 10~- signatures upon it of residents in that area. Letters
in opposition read. Supervisor Madigan felt the Board should go
along with the Planning Commission's recommendation in the matter.
On motion of Supervisor Madigan, seconded by Supervisor
Gilman and unanimously carried, the Board concurred with the
Planning Commission and denied the appeal of Mrs. Betty Ann Bakos
for a use permit for an 80 (80) acre unit mobile home park, Chico.
73-1379 PUBLIC DARING: ALYSE M. BURGESS, ET AL: REZONE FROM "A-2 Ltd."
AND "A-2" (GENERAL) TO "R-1" (SINGLE FAMILY RESIDENTIAL) FOR TI3E
AREA GENERALLY DESCRIBED AS PROPERTY ON BOTH SIDES OF DEAN ROAD,
EAST OF PENTZ-MAGALIA HIGHWAY
The public hearin on the Alyse M. Burgess, et al rezone
from "A-2 Ltd." and "A-2" general) to "F-1" (single family residential)
for the area generally described as property on both sides of
Dean Road, east of Pentz-Magalia Highway was held ,~s advertised.
Mr. Lawson summarized the actions of the Planning Commission.
Planning Commission recommended approval of. the rezoning.
Hearing opened to the public. Appearing in oppasition:
1. Mr. Poggi. ?ie would like his property to remain in
the "A-2 Ltd." zoning.
2. Mr. Jim Hellerman, Chapman Lane. He feels that this
matter was misrepresented..
3. Mrs. Marilan Terrill, Dean Road.
4. Mrs. Lois Hellerman, Chapman Lane. They have been
told that their horses were on the property illegally. They had
been told when they purchased the property that they could have
horses. Supervisor Cameron felt these people should be grandfathered
in with their horses.
5. Mrs. T'~.elma Bowman. She read a prepared statement
in opposition to the zoning.
6. Mrs. Darlene Cooper, De^~: Road. They purchased their
property on February 22nd, 1873; they want to have a pony and. L'ney
have been told now that they caxu~ot; hive the pony because of the
Page 457 August 28, 1973
August 28, 1973
_~------------- ------------------
interim zoning. She was told that she could be grandfathered into
the rezoning and that she could have her pony.
7. Mr. B. C. Denning, Dean Road. He purchased his
property because it was zoned A-2. He has a horse and ti~Tishes to
continue having horses on his property.
Apl,saring in favor: 1. Mrs. Alyce Burgiess~. She said
she had contacted the residents of the area concerning the rezoning.
She posted a sign that the Planning Commission had given her stating
that the area was to be rezoned.
2. Mrs. Dorothy Subke, Dean Road.
3. Mr. Claude Pope, Dea?.i Road.
4. Mrs. Noble.
5. Mrs. 0. H. Kale, Dean Road. She feels that the R-1
zoning would protect the area.
6. Mrs. Sue Tax~xzer, Dean Road.
7. Mr. Roy White, Dean Road.
8. Mr. Ezra Schlotthauer, Dean Ro:~d.
Hearing closed to the public and confined to the Board
for their deliberation.
S~;y~ervisc r Ladd stated. that the majority of the acreage are
in large parcels ,and adequate to keep anir.~als. There is a need
for this type unit. There is a need for producing ag. products.
Supervisor Cameron said that the people that have moved
into the area with their animals of recem: sate have a right to
keep these animals. The majority of the people in the area want a
more restrictive type zoning.
']3-1380 ADOPT ORDINANCE 1392, AMENDING ORDINANCE 925, CONSOLII}ATING
"R-1" (SINGLE FAMILY RESIDENTIAL) DISTRICTS
On motion of Supervisor Cameron, seconded by Supervisor
Gilman and carried, Ordinance 1392, amending Ordinance 925,
cons •-.id~~ting "R--1" (single_family residential} districts, for
property on both sides of Dean Road, east of Pentz-Magalia Highway,
Paradise, was adopted, and the Chairman was authorized to sign,
with the understanding gnat those persons who had animals at the
time the interim ordinance was adopted could keep said animals.
AYES: Supervisors Cameron, Gilman, Madigan and Chairman McKillop
NOES: Suuervisor Ladd
73-1381 PLANNING COMMISSION REaUESTED TO INITIATE REZONING TO A-R DISTRICT
FOR HELLERMAN PROPERTY, CHAPMAN LANE, PARADISE
Discussed zoning of property for residents in the
Dean Road area that have animals or desire to use their property
for agricultural purposes. County Counsel said the interim zoning
could lapse and in the interim the property owners could establish
a pre-existing use. Time spent discussing how the matter of the
animals could be handled. It was felt that the Planning staff
muld be instructed to initiate rezoning foxy the property of the
people that have animals.. Supervisor Gilman s~a.ici he could support
the matter if the zoning would allow the present residents to
retain their animals, but to eventually revolve the area into the
R-1 District.
On motion of Supervisor Cameron, seconded by Supervisor
Madigan and carried the Planning Commission was requested to initiate
rezoning to A-R district for Hellerman property on Chapman Lane,
page 458..
august 28, 1973.
August_28,_197~
Paradise.
AYES: Supervisors Cameron, Ladd, Madigan and Chairman McKillop
NOES: Su~~~ervisor Gilman
RECESS: 355
RECONVENED: 4:15
73-1382 PUBLIC HEARING: ALYSE M. BURGESS, ET AL-EXTENSION OF INTERIM
ZONING FROM "A-2 Ltd.: to "R-1" (SINGLE FAMILY RESIDENTIAL) FOR
PROPERTY ON BOTH SIDES 4F DEAN ROAD, PARADISE
The public hear,.arig on the Alyse M. Burgess, et al,
extension of interim zoning from "A-2 Ltd." to "R-1" (single
family residential) for property on bath sides of Dean Road,
Paradise was held as advertised. Mr. Lawson summarized the action
of the Planning Commission in this matter; the Planning Commission
recommend approval of the extension of the interim zoning.
Hearing opened to the public:
Appearing in favor: 1. Mr. Pope and (2.) Mrs. Burgess
Appearing in opposition: No one..
Hearing closec?_ to the public and confined to the Board.
73-1383 ADOPT ORDINANCE 1393, AN INTERIM ORDINANCE AMENDING ORDINANCE
925, COTrSOLIDI~TING."R-1" (SINGLE FAMILY RESIDENTIAL)
On motion of Supervisor Cameron, seconded by Supervisor
Madigan and carried, Ordinance 1393, an interim ordinance amending
Ordinance 925, consolidating "R-1" (single family residential)
districts was adopted and the Chairman authorized to sign.
AYES: Supervisors Cameron, Gilman, Madigan and Chairman McKillop
NOES: Supervisor Ladd
73-1384 PUBLIC HEARING: PLANNING COMMISSION INITIATED-REZONE FROM
"A-3" (AGRICULTURAL) TO ''A-R" (AGRICULTURAL RESIDENTIAL) FOR PROPERTY
ON THE WEST SIDE OF NORD AVENUE CHICO
The public hearing on the Plannin Commission initiated
rezone from "A-3" (agricultural) to "A-R" agricultural Residential)
for property located on the west side of Nord Avenue, 600 feet south
of Renshaw Avenue, identified as AP 42-05-54 and AP 42-05-55,
containing 1.5 acres, more or less, Chico, was held as advertised..
Mr. Lawson summarized the action of the Planning Commission.
The Planning Commission recommend approval of the rezoning. Area
to be rezoned set out.
Hearing opened to the public.
Appearing in opposition: no one.
Appearing. in favor: na one.
Supervisor Gilman requested that action on the rezoning
be put over to the meeting of September 11th, 1973.
Matter continued to September 11, 1973.
73-1385 PUBLIC HEARING: DEAN VOt~TFL, E'1' AL; 1;:ZOivE 1'1~?i?I"~ "A-2" (GENERAL)
"A-R" (AGRICULTURAL-RESIDENTIAL) and "C-2" (GENERAL COrIPTERCIAL) TO
"AS-R" (AGRICULTURAL SUBURBAN RESIDENTIAL) DISTRICT FOR AREA NORTH
OF EATON ROAD CHICO
The public earing on the Dean Vowel, et al-rezone from
"A-2" (general}, "A-R" (agricultural-resid~tial) and "C-2"
(general commercial) to "AS-R" (agricultural-suburban residential)
district for an area north of Eaton Road, south of Sycamore Creek,
east of the Freeway, and an area on both sides of Hacamore Lane
Paa_~e 459. n..-..-_..~- ?sz ~n~~z
west to the Freek*ay, containing 165 acres, more or less, Chico,
was held as advertised. Mr. Lawson summarized the actions of the
Planning Commission. Planning Commission recommend approval of
the rezoning.
Hearing opened to the public.
Appearing in opposition: No one.
Appearing in favor: Mr. Gene Myers, Eaton Raad. He said
he was also representing Dean Vowel.
Hearing closed to the public and confined to the Board,
for their consideration.
73-1386 ADOPT ORDINANCE 1394 ZO1~rING A PORTION OF THE COUNTX AN "A-SR"
(AGRICULTURAL-SUBURBAN-RESIDENTIAL) DISTRICT & ESTABLISHING REGULATIONS
FOR THE USE OF LAND AND CON~c.1TRUCTION OF BUILDINGS
On motion of Supervisor I~ladigan, seconded by Supervisor
Gilman and unanimously carried, Ordinance 1391 zoning a portion of
the County an "A-SR" (agricultural.-suburban-residential} district
and establishing regulations for the use of 1~.~.d and construction
of bu;.ldings was adopted. and the Chairman was authorized to sign.
73-1387 PUBLIC BEARING: KENNY OLSON-APPEAL OF PLANNING COMMISSION'S
DENIAL OF REZONE FROM "RT-1" (MINIMUM DENSITY-RESIDENTIAL, TRAILER)
TO "R-2" (DUPLEX RESIDENTIAL) FOR PROPERTY LOCATED I,IEST OF LIBBY
ROAD, 100 FT. NORTH OF ROE ROAD, IDENTIFIED AS AP 55-211-05,
CONTAINING 2.6.7_ACR~~, PARADISE
~' The public hearing on the Kenny Olson appeal of Planning
Commission's denial of rezone from "RT-1" {minimum density-
residential, trailer) to "R-2" (duplex residential) for property
located west of Libby Road, 100 ft. north of Roe Road, identified
as AP 55-211-05, containing 2.67 acres, Paradise, was held as
advertised. Mr. Lawson summarized the actions of the Planning
Commission. Planning Commission recommended denial of the rezoning.
There were letters written to the Plannning Commission protesting
the rezoning. The area is surrounded on four sides by "R-T" districts.
Hearing opened to the public.
Appearing in favor of the rezoning:
1. Mr. Kenny Olson. He wants the property rezoned ~o
he can place duplexes on his property. He presented a petition
signed by property owners in the area. Tt would be under the
density for the area. There would be no further development than
that set out by Mr. Olson.
Appearing in opposition: no one.
Rezoning discussed. It t,Tas suggested that maybe this
should go back to the Planning Commission .£or re-exa~~ination of the
additional information of the petition. The petition should be
taken to the Planning Commission.
Petition and. rezoning will be considered by the Planning
Commission at their meeting to be held on September 6th.
Matter referred back to the Planning Commission for
further study.
Page 460. August 2$, 1973
August_28,_1~73 _
?3-1388 PUBLIC HEARING: N. D. GEDDES, LARI,dIN DEVELOPMENT'S, INC. APPEALS
ACTION OF PLANNING COMNIIS°I~:N RELATING TO A ONE YEAR EXTENSION TO
THE PROPOSED PARADISE PINES UNIT N0. 16 TENTATIVE PARCEL MAP
The public hearing on the N. D. Ge~d~.s, Larwin Developments,
Inc.-appeals action of Planning Commission relating to a one year
extension to the proposed Paradise Pines Unit No. 16 tentative
parcel map was held at this time. Mr. Lawson explained the
actions of the Planning Commission.. They have requested an
ex~ension of time to file their final map. Planning Commission
recommends that the filing time not be extended.
Clay Castleberry, Director of Public Works, stated that
the County at an earlier date had said the map could be changed.
lie felt it would be desirable to nave Ponderosa Way improved as a
safety valve. When Lar~~rin Developments, Inc. wrote to the County
some time ago about cutting doFm on the density of the area, they
did not want to go as heavy on the on-site improvements.
hearing opened to the public.
Appearing in favor: Mr. Del Geddes, appearing for Larwin.
He stated that at the time the tentative map was approved, there
was a great deal of conce_n expressed for density on the ridge.
Larwin Develor.,ments has given a gre<<^.t deal of thought to reducing
the density. He asked if the Board would consider reducing the
requirements .for the~sE, I c ~;r<. ;ie ~c~3:i~i ';;hc~y plan to improve Ponderosa
Way and Nimshew Road. He set out the reasons for apply for the
extension of the proposed map. Mr. Geddes requested. permission
to respond to t'.ae comments made by the people protesting this
extension; renuest approved. Supervisor Cameron Ruestioned
Mr.. Geddis concerning the water problems at this site. He asked
hour Darwin Developments :could get water to the lots. P?r. Geddis
explained how the ~~iater tivould be obtained.
2. t'~r. Gary Wheeler, Star Route, Magalia. He said he
was sire Chief of the Volunteer Fire Department in Magalia and
that he also works for Lars-*in Development, Inc.
3. Mr. John F. Fraser,- Comr~.unity Relations Officer for
Lartirin Developments.
Appearing in opposition:
1. Vera Hammon. She stated she had been asked to join
the Paradise Pines Associatior_ to help pay the taxes on the green
belt that was left by Larwin. This is a- property owners association.
2. PZrs. Velma Butler, Nimshew Road. She explained her
opposition. Pictures of the area were presented to the Board fox
their examination. She urged the Board to deny the reouest for
extension.
3. Mrs. Nadine Freeman. She set out her opposition to
the extension.
4. Mrs. James Buchanon. She felt that an Environmental
Impact Report should be required.
5. Mr. Harold Barthelson, Nimshew Road.
5. Mr. Malquist, Nimshew Road.
7. Mr. Orville Johnson, Nimshew Road.
Page ~+61.
1'_ugust 28, 1~}']3
- - w = _ _ _ _ _ _ _ - = August-28, -1973 = _ _ _ _ _ - - _ _ _
Mr. Geddis spoke to the points that had been raised by
the opponents. He stated that the map was in conformance y:~.th.
the County General Plan. If the map were denied, it was stated
that the company could file a new tentative map.
Mr. Lawson explained the matter of the density under
the General Plan for that area. He said there was ~~zstification
for reduction of density in Unit No. lb. Mr. Lawson feels that
the density is out of line for the area as set out in the tentative
map.
Hearing closed to the public and confined to the Board.
On motion of Supervisor Cameron, seconded by Supervisor
Madigan and unanimously carried, the Board upheld the Planning
Commission's denial of extension for the proposed Paradise Pines
Unit No. 16 tentative parcel map and denied said extension.
73-1 8 ADOPT RESOLUTION -1 0 FIXING TAX RATES I1~T THE COUNTY OF BU'T'TE
~- F. H. Seely, County Auditor, explained the proposed
resolution fixing tax rates in the County of Butte. He explained
the tax rates ~:et :ut in the resolution. He said. there would be
an extension of time granted in Bill 2008, if passed.
Resolution discussed.
On motion of Supervisor Gilman, seconded by Supervisor
Ladd and unanimously carried, Resolution 73-15o fixing tax rates
in the County of Butte was adopted and the Chairman was authorized
to sign.
73-1 90 DIaC•USSION. CHICO PROPOSAL ~`OR CONSOLIDATION OF LIBRARY SERVICES
It is suggested that the Board appoint a committee to -'~
meet with the committee from the City of Chico to discuss the
proposal and work out terms of the proposed agreement for consolidation
of library services. Chairman McKillop appointed a committee of
the County Librarian, County Administrative Officer and Supervisors
Gilman and Madigan to meet with representatives from the City of
Chico to discuss the consolidation of library services.
73-1391 APPROVE APPOINTMENTS TO MENTAL HEALTH ADVISORY COMMITTEE
Supervisor Cameron stated that tr~ra or three .weeks ago
~ ~d'pd H?althaAdvi~sorypCommitteeefor oneomeeting.oTheymhave anotherMental
meeting set for Thursday and the members should be appointed.
Suggested appointments discussed.
On motion of Supervisor Cameron, seconded by Supervisor
Gilman and unanimously carried, the Board approved the following
appointments to the Mental Health Advisory Board:
Mrs. Virginia Murphy - reappointed
Mrs. Betty Randolph "
Miss Muriel Young "
Norman McCann, M.D. - neT~r appointment
Stephen Speegal " "
Gary Jorgenson " "
Page 462.
August 28, 1973
- _ _ - _ _ _ _ _ _ _ _ ~ugus t= 28 , =197 _ _ _ _ _ _ _ _ _ _ _ _ _
73-1392 HEARING SET ON PETITION FOR VARIANCE TO PROVISIONS OF SECTIONS
19-10 and/or 19-12 OF COUNTY CODE-JAMES LINN
A hearing was set for September 25, 1973 at 2:00 p.m.
on the petition for variance to provisions of Sections 19-10
and/or 19-12 of the County Code for James B. and Mrs. Linn to
place trailer on property of Robert E. Linn, son.
73-1393 DISCUSSION: LETTER FROM FRED DAVIS CONCERNING COI~TSULTANT CONTRACT
Letter from Fred Davis, Chico, concerning the consultant
contract discussed. It was suggested that the Administrative
Officer be appointed coordinator to meet with the consultants,
Duncan and Jones. Matter discussed. The Administrative Officer
and County Counsel were appointed to coordinaile the efforts of
Duncan and Jones.
73-1394 ~~scUSSTON: MATTERS PRESENTED BY BOARD MEMBERS
-- -- - Supervisor Cameron presented. Bo~:r~i a;er~i~~=_,,~, ::. T-:ca;~<,
~c;;~~.e-~~xz;_ng the Historical Society Advisory Committee. He requested
that the Board members study this and make suggested appointments
to the Advisory Committee. To be placed on the agenda for Tuesday,
September 11, 19'73•
Chairman McKillop requested that the letter from Judy
Church be placed on the agenda for Tuesday, September 11, 1973.
Supervisor Madigan commented on the memo from Mr. Castleberry
concerning spending some of the revenue sharing funds. He also
reported on the meeting held in Sacramento.
Supervisor Cameron stated. that all Board members had
received copies of the re-cap of the Assessor's Roll. He expressed
concern about this matter; there are no actual losses. There
was wrong posting. He felt the loss should be set out and. where
it had. been placed. He would like a more definitive report.
Mr. Bosworth will request this of the Assessor, concerning the
unsecured roll.
S~zperti-isor Gilman said that there should be some discussion
concerning the weed spraying program. He feels that it should be
placed on the agenda for an item of consideration. Matter placed
on the agenda for Tuesday, September 18th.
Supervisor Madigan commented on the reports concerning
trips made by County employees. He feels that the reports should
be more complete and chat the Board should scrutinise Count~*
travel 1aor. e closely.
,/ 73-1395 ADOPT RESOLUTION 73-151 IN MEMORY OF DAN L. BEF:BE &
T'IEETING ADJOURNED IN MEMORY' OF DAN L. BEEBE
On motion of Supervisor Ladd, seconded by Supervisor
Gilman and unanimously carried, Resolution 73-151 in memv~:y of
Dan L. Beebe was adopted, the Chairman was authorized to sign
and the meeting was adjourned in memory of Dan L. Beebe.
ADJOURNMENT:
There being nothing further before the Board, the meeting
wa.s adjourned at 5:15 to reconvene can Tuesday September 11, 1973
at 9:00 a.m.
ATTEST: CLERK A. NELSON, COUNTY CLERK
By;~, ~ ~ .. airman of the Board
Board of pervrsors Clerk
page 463. August 28, 1973