HomeMy WebLinkAboutM083176r^
August 31, 1976
STATE OF CALIFORNIA )
) SS.
COUNTY OF BUTTE )
~i
The Board of Supervisors met at 9:00 a.m. pursuant to adjoummen#.
Present: Supervisors Ladd, Madigan, McKillop, Riehter and Chairman Cameron.
Mike Pyeatt, Assistant Administrative Of#ieer, Dan Blackstock, County Counsel, and
Clark A. Nelson, County Clerk, by Margie Catt, Board of Supervisors Clerk.
Pledge of allegiance to the Flag of the lJnited States of America.
76-1478 APPROVAL OF MINUTES
On motion o~pervisor McKillop, seconded by Supervisor Madigan and
unanimously carried, the minutes of August 24, 1976 were approved as mailed.
76-1479 COMMUNICATIONS
Law offices of A. Jo n Merlo, Chico. Lynn Hubbard III requests a continuance of a public
~ ~, ~ hearing scheduled far September l4, 1976 until after the 1st of October,
AP 44-43-01. Hearing continued to October 5, 1976 at 1:30 p.m.
H. G. Evers, Chico. Dr. Evers writes in opposition to the proposed bridge across
~0~,0~ Dead Fbrse Slough on EI Monte Avenue indicating additional problems that
would be created. Supervisor Madigan reported on this problem; no
action taken.
.bsephine Terry, County Librarian. Mrs. Terry forwords an informational copy of the
County Library annual report in accordance with Education Code Section 27262.
Report filed; no action taken.
T. G. Morris, Chico. Mr. Morris requests a refund of a $50 fee in which his
~ a application for variance fora 7/10 of an acre parcel within an Interim SR-I
~ ~ 3, zone was denied by the Planning Commission. Discussed; Planning Director
to report on this letter.
N. T. Enloe Memorial Hospital. The Hospital requests payment of a $3,434.85 bill
f'v Z/, O concerning a shooting victim. Discussed and referred to Welfare Department.
Paradise Municipal Advisory Council Committee. The Committee forwards a proposal
P a0•`~ for the establishment of a Municipal Advisory Council within the Paradise
Community. See discussion following communications.
~ OS. 0 r Adele Higgins, Museum Chairman. Invi~a#lon to Boord members to attend the opening
of the Yuba Feather Historical Museum on September II, 1976.
/ t 3.O ~'~rt .1. Du Bose. Appeal the denial for a rezone of AP 42-14-13, Chico. Set for
hearing on October 5, 1976 at 2:00 p.m.
pawl O'Hara. Petition for variance to place mobile home on property at 1942 Baldwin
~ 3 '~ Avenue, Palermo. Set for hearing on September 14, 1976 at Il:00 a.m.
B. C. Richter Contracting Company for iaoy Wheeler &Sons. Application for an
encroachment permit to exeavahe and process sand and gravel from 20 acres
~f 6 /. ~ along the left bank of the Feather River. This has been filed with the Sfate
Reclamation Board. No action taken.
Page 138.
August 31, 1976
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Jahn L. Luvaas, Jr. of Peters, Fuller, Ib~sh, Schooling 8 Luvaas. Letter
wnceming Sacramento Avenue Assessment District No. I. appealing
the negative declaration on this pro(ect. They request that the Board
conduct a hearing to determine the need for an Environmental Impact
Report. Read; no action taken.
John Poison, Chairman-Butte County Mental Health Advisory Board. Advise the
p0 Board that Jeanne Brustan-'s appointment has expired. See motion
following communications.
Richard Nixon, for Dixon Hard Chrome Inc. Request a hearing on appeal of denial of
parcel map on Hamilton Road. County Counsel to write letter to Mr. Nixon
explaining the procedures to follow.
Chairman Cameron. Had letters from Congressman Johnson regarding the E.D.A.
granF and a letter from Ed Rounds reporting on the California Superior Health
Services meetings.
76-1480 DISCUSSION: PARADISE MUNICIPAL ADVISORY COUNCIL COMMITTEE
Propose fi ed for a esta is ment o a nicipa Advisory Counc
within the Paradise Community discussed. Chairman Cameron staled
that the Board would like to look at the proposal and in the future set up public
hearings to be held at night in the Paradise area to discuss the proposal. Supervisor
Richter said he was concerned about the financing of the proposal.
Mr. Dick Ryan, Chairman of the interim committee for the formation of the
council, spoke at this time. The write ups of the meetings held by the committee
were in the Paradise Post and members of the committee spoke at club meetings and
public gatherings, This would be a research staff council and if it serves no
purpose, it could ~be disbanded.
Mr. Bailey and George Houghton also spoke on the formation of this council.
Board will studyldae proposal and set a hearing in the future.
76-148! APPROVE REAPPOINTMENT OF JEANNE BRU5TARR, MENTAL HEALTH ADV. BOARD
On motion of Supervisor McKi op, seconded y Supervisor i8an and
unanimously carried, Jeanne Brustarr was reappointed a member of the Butte County
Mental Health Advisory Board.
76-1482 REPORTON SUPERVISOR RICHTER'S DISCUSSION IN SACRAMENTO: GENERAL PLAN
Supervisor Ric ter reporte t t a gone to Sacramento an to a to poop e
in the office of Planning and Research. The matter of the draft of the General Plan
explained. It was felt there would be far more negative declarations if the plan
was revised. If the E.I. R.'s were updated as they go along, there would be less
problems. He stated that the E.I.R. and the draft of the General Plan would be
written simultaneously.
No action taken.
76-1483 APPROVE HEW AUDIT: CHAIRMAN TO SIGN
T e recent y comp etc utte County C audit received three comments
from HEW17dgional Audit~•Director. ,audit discussed.
On motion of SupervisorLadd, seconded by Supervisor Richter and
unanimously carried, the Chairmanpaw~ p39horized to sign the response to the audit.
August 31, 1976
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__-- __-- Au~ust31~197b _ _--
76-1484 TRAVEL AUTHORIZATION _
On mot ono Supervisor Richter, seconded by Supervisor McKillop and
unanimously carried, the following travel was authorized:
I. Manpower employees Phil Carr, Sherry Young, Jim Harris and Carmen
Hill to Reno; for training September 8-10 and Emmett Pogue
and Sue Schmidt to San Francisco for required reporting workshops,
September 13-15.
2. Farm Advisor employees Bruce Campbell and Judi Johnson for travel to
Davis on August 2-5 at a cost of $88 (confirmation of said travel.
76-1485 ADOPT RESOLUTION 7b-150 AUTHORIZING LIBRARIAN TO SUBMIT GRANT
APPLICATIO N
On motion of Supervisor McKillop, seconded by Supervisor Madigan and
unanimously carried, Resolution 76-150 authorizing librarian to submit grant
application was adapted and the Chairman authorized to sign.
76-1486 APPROVE RENEWAL OF VARIANCE TO SECTIONS 19-10 and 19-12 OF COUNTY
CODE FOR LLOYD L. DAVIS: CHICO
n motion o Supervisor Lad ,seconded by Supervisor Richter and
unanirnous[y carried, renewal of variance to Sections 19-IO and 19-12 of the Butte
County Code for Lloyd L. bavis, AP 42-05-7, Rfi, I, Box T59, Rodeo Avenue,
Chico, was approved.
76-1487 DISCUSSION: ADDITIONAL CLERICAL SUPPORT, PARADISE WEALTH OFFICE
A follow-up request has been received-For aclerk-typist in t e Paradise
Health Office. Supervisor Ladd suggested that the Board could give the Health
Department the option of finding someone in the organization that could be
dispensed with and using that position to fill the requested position. Also suggested
that this could be handled under the work experience program. The Department
feels that there should be someone in the office to handle the people walking into
the office and to answer the telephone.
Suggested that a toll free line to the moin office be installed to handle
the telephone calls when there is no one in the Paradise office. Jim Rackerby,
Personnel Director, said there are some adult training slots but that this would be
a questionable training site.
request.
Mr. Rackerby will return with a recommendation to the Board on this
76-1488 PUBLIC WORKS ITEMS APPROVED: ADOPT ORDINANCE 17.47
On motion of Supervisor Madigan, sewn ed y Supervisor Richter and
unanimously carried, the following action was taken:
1. Approved plans and specifications for reconstruction of Baggett-
Marysville Wighway from State Hwy. 70 to Georgia-Pacific Way, Project No. 21461-76-I;
authorized Chairman and Director of Public J,Norks to sign pions, adopted wage scale,
and set bid opening at lI:00 a.m. Public Wvrks office, September 23, (976.
2. Adopted Ordinance #747 establishing speed limit of 35 MPH on $iggs
Avenue and Feather Avenue and authorized Chairman to sign. --
Page 140,
August 31, 1976
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3. Approved agreement for sale, authorized Chairman to sign and
authorized Auditor to issue warrant upon demand of County's escrow agent on
the following:
Butte Meadows Disposal Site Marion W. Smothers Int, in 4.24 ac. $300,
4. Approved cancellation of delinquent taxes (Ballantrae Manor Unit 2)
AP 034-43-0-046-0, pursuant to Resolution 75-150.
5. Authorized Public Works Director to sign development agreement with
Chico Baptist Temple (AP 44-36-24) in lieu of Board action. Bond is posted to
guarantee off-site improvements within one year.
76-1489 EASTWOODS PROFESSIONAL PARK, 6 LOTS WEST OF PENTZ-MAGALIA
HIGHWAY, PARADISE: HELD OVER
cHon on Eastwoo s pro essional Park, 6 lots west of Pentz-Magalia Highway,
Paradise was put over one week; referred to County Counsel.
76-1489 ADOPT ORDINANCE 1748 CALLING A SPECIAL ELECTION TO BE
CONSOLIDATED WITH THE NOVEMBER 2, 1976 GENERAL ELECTION
BB gun ordinance initiative discusse ;County Counse exp ained
proposed ordinance.
On motion of Supervisor Richter, seconded by Supervisor Madigan and
unanimously carried, Ordinance 1748 calling a special election to be consolidated
with the November 2, 1976 General Election (BB gun initiative) was adopted and
the Chairman authorized to sign.
76-1490 ADOPT ORDINANCE 1749 CALLING AND PROVIDING FOR A SPECIAL COUNTY
CHARTER ELECTION FOR PURPOSE OF SUBMITTING TO THE QUALIFIED ELECTORS
THE PROPOSITION OF WHETHER OR NOT AN AMENDMENT TO CHARTEROF COUNTY
SHOULD BE APPROVED
an 8 ac stoc ,County Counsel, explained the proposed charter amendment
ordinance. This concerns property in an assessment district having costs of
improvements levied against the property. proposed ordinance discussed.
On motion of Supervisor Madigan, seconded by Supervisor Richter and
unanimously carried, Ordinance 1749 calling and providing for a special county
charter election for the purpose of submitting to the qualified electors of said
county the proposition of whether or not art amendment to the Charter should be
approved was adopted and the Chairman authorized to sign.
7b-i491 WAIVE FIRST READING OF PROPOSED SUBDIVISION ORDINANCE
On motion o Supervisor Ric ter, seeon d y Supervisor cKi op and
unanimously carried, the first n:adirtg of the proposed subdivision ordinance was
waived.
76-1492 ADOPT ORDINANCE 1750 BUTTE COUNTY ZONING CODIFICATIO N
1 is ordinance ad een senf ac to t e P arming Commission for t eir _
consideration of suggested changes. Planning Commission was.in agreement.witb
_ the changes with one. exceptton_,_ _.Section.24r.page 12, that section relating to
Page 141.
August 31, 1976
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use permits; Planning Commission node the recommendation for the following
addition: 'provided, however, that responsibility of use permit compliance would
remain with the Planning Director".
Bob Jones, Manager-Butte County Employees Association, spoke
concerning this section. He hod sent the Board of Supervisors a letter on August 9th
concerning this matter. Zoning inspector's work had been cut by 50%, making
his position of part time position. Mr. Jones set out his views concerning the
work of the zoning inspector; no action taken.
Ordinance discussed.
On motion of Supervisor Madigan, seconded by Supervisor McKillop
and unanimously carried, Ordinance No. 1750, codification of zoning matters
was adopted and the Chairman authorized to sign.
RECESS: 10:30
RECONVENED : 10:40
76-1493 PUBLIC WEARING: JANE WOODWARD-ABANDONMENTOF ROAD RIGWT-of-
WAY, PORTION OF BIDWELL AVENUE, CWICO : ADOPT RESOLUTION 76-151
The public hearing on the Jane Woodward request for abandonment of
road right-of-way of all that portion of Bidwell Avenue, lying east of Cusick
Avenue, Book I, Page 48, recorded November 27, 1695, was held as advertised.
Hearing opened to the public. Appearing: Mr. Woodward speaking in
favor of the abandonment.
Hearing closed to the public and confined to the Board.
On motion of Supervisor Richter, seconded by Supervisor Madigan and
unanimously carried, Resolution 76-151 abandoning a county highway (portion of
Bidwell Avenue) was adopted and the Chairman authorized to sign.
76-1494 APPEARANCE: REPRESENTATIVES OF LASSEN NATIONAL FOREST TO SPEAK
ON OFF-ROAD VEHICLE PLAN
ern Smit ,Recreation Officer, Lassen Notional Forest, Susonville,
spoke concerning the off-road vehicle plan for Lassen National Forest. Mr. Smith
stated Mr. Bill 5wonson, District Rnnger for the Almador District, and Dick Marler,
Public Information Officer, was also present. These men had been requested to
meet with the various Boards of Supervisors and bring them up to where they are
on their off-road vehicle planning.
Mr. Smith explained the executive order and where they are in following
this order. The Forest is under a Presidential Executive Order that was issued
three or four years ago by President Nixon. This order requests the agencies of the
Federal lands to designate the Federal lands in which the areas of controls or
restrictions of off-road vehicle are to be sat up. Some motorized uses are not
legitimate and do cause damage he stated. This endangers the public health, safety
and welfare .
Pion set aut{'!~y Mr. Smit~42*It is thei!': feeling that the boundaries of the "-
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restricted areas will have to be consistent o ith the topography. The Forest
Service inventories all the areas for future consideration as wilderness areas.
He stated that refinement of the plan wifl be necessary. There will be some
exceptions to areas that are closed that they will handle administratively.
They hope to have the transportation plan completed 6y the end of December.
Chairman Cameron thanked the gentlemen for appearing; no action
necessary by the Board.
76-1495 DISCUSSION: REAL ESTATE FRAUD UNIT: LETTER AUTHORIZED TO
BE WRITTEN
Severs actions are necessary to transfer federal fund to the Fraud Unit.
Mike Pyeatt explained action necessary to be taken by the Board members.
A letter will have to be written to the Office of Criminal Justice Planning
canceling narcotics task force ;grant effective October I.
Legal research position discussed. Superipr Court does not think that they are
ready or willing to go to the route of a pars-legal. Dan Blackstock, County Counsel,
stated that a pare-legal would be useless under the request for a research attorney.
They cannot be used for researching cases for the Judges. The Judge felt that this
would have to be someone who had been in the law a long time in order to research
cases and data for eaurt decisions. This could became a very powerful person.
Bill Lawrence, Auditor, had the figures on the funds from; the Narcotic
Task Force to the Real Estate Fraud Unit. Funds that would be used for Land Fraud
Unit explained.
Funds discussed.
Ken Leach, District Attorney, spoke wnceming the operation of the
Real Estate Fraud Unit. Butte County does hwe a problem with real estate
transactions. Same of the cases have been taken to Court.
Mr. Lawrence asked if the directive would be that the County would not
implement this program until the grant is received; Board said yes that would be
the directive.
On motion of Supervisor Madigan, seconded by Supervisor Richter and
carried, a letter to OfFice of Criminal Justice Planning canceling narcotics task
force grant effective October I was authorized to be written, Auditor directed
to prepare amendment transferring estimated unspent funds, and agreed to funding
land fraud program if amendments are approved by O.C.J.P.
AYES: Supervisors Madigan, McKillop, Richter and Chairman Cameron
NOES: None
ABSTAINING: Supervisor Ladd
76~I49b APPEARANCE: JAMES HANSON OROVILLE
James nson, Orovi e, commente an the elimination of the Narcotic
Task Force and other programs funded by CCCJ. He felt the County should try to
keep local government local.
Page 143.
August 31, 1976
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76-1497 APPEARANCE: REPRESENTATIVE OF RINGEL & ASSOCIATES-RE RUBY PARCEL MAP
Mr. Rus Cronin, representing Riegel & Associates, commented on the denial
of the Ruby parcel map. The map was denied by the Board at the Board meeting of
August 24th. It had been stated that the map was not consistent with the County
General Plan. Background of the parcel in question set out. Mr. Ruby did not
know that there would be a problem with the map. Mop set for reconsideration
an Tuesday, September 28, 1976 at 2:00 p.m.
76-1498 APPEARANCE: BOB JONC~S-,-MAi~h46{~1d~"iE COUNTY EMPLOYEES ASSOCIATION
.Mr. Jones stated that he was confused as to the Board's position concerning
the zoning inspector's position. The Board stated that the budget listed this
position as a 50°!o position. It has been approved as a l/2 time position.
Zoning inspector's position discussed.
Mr. Jones stated he would like a reply to his letter.
In another item, Mr. Jones stated that the number of eligibility workers
at the Welfare Department has been reduced. Mr. Jones requested that the Board
meet and discuss the area of case loads at the Welfare Department.
76-1499 ADOPT RI:SOLUTION 7b-152 AMENDING CERTAIN SUBDIVISION AND LAND
DIVISIO N PROCESSING FEES A5 ESTABLISHED BY RESOLUTION 7~-b2 AND
ESTABLISHING A SITE IMPROVEMENT FEE
Gary F annery, Pu is Wo s, presented the proposed resolution for
increase of fees for processing subdivision and Land divisions and establishing
a site improvement fee. Building permits and site improvement confirmations
discussed. Proposed resolution discussed.
On motion of Supervisor Madigan, seconded by Supervisor Richter and
carried, Resolution 76-152 amending certain subdivision and land division processing
fees as established by Resolution 72-62 and establishing a site improvement fee was
adopted and the Chairman authorized to sign.
AYES: Supervisors Madigan, McKi[lop, Richter and Chairman Cameron
NOES: Supervisor Ladd
76-1500 AUTHORIZE AUDITOR TO :O~RbER NGR499 EQUIPMENT
Bi Lawrence, Auditor, commented on t memo to t e Board
requesting authorization to order the NCR equipment. Request discussed.
On motion of Supervisor McKillop, seconded by Supervisor Ladd and.
unanimously carried, Auditor was authorized to order the NCR 499 equipment,
with the following added to and made a part of the order: "Cancellation of the
order by the County of Butte should be granted without penalty up to the
time of delivery i.e. February 1977."
RECESS: 12:05
RECONVENED: 1;30 p.m.
Page 144.
August 31, 1976
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501 ADOPT RESOLUTION 76-153: PUBLIC HEARING: SPENCER N. BLARE - ABANDONMENT
Q PT7aLIC U~' ILxTY 'BASE2~NT
On motion of Supervisor Madigan, seconded by Supervisor Richter
and unanimously carried Resolution 76-153 was adapted, Spencer N. Blake
Abandonment of easterly 8 ft. of a 10 ft. public utility easement, easterly
of 10 ft drainage easement along the westerly line of Liado Manor Suh-
diviaion Unit ~2 and the Chairman authorized to sign.
PUBLIC HEARING: APPEAL SY PROPERTY OWNERS OF SUBDIVISION COMMITTEE'S
DEFERMINATION TO FILE NOTICE OF VIOLATION ON PROPERTIES LOCATED '~ MILE SOUTH
OF THE NORTH COUNTY BOUNDARY, 314 MILE &4ST OF COHASSET, BEING DOTS 5, 6, &
7 OF SECTION 6, T24N, R3E, MDB&M. IDENTIFIED A5 AP 56-20-32,33,36,37,38,39,
40,42,45,46,47,45,49,50,53,54,55,56,57,58,59,fi0,62 & 63 (CONTINUER FROM
2 6
The continued public hearing on the appeal by property owners of
Subdivision Committee's determination to file Notices of Violation on
properties located ~ mile south of the north county boundary, 3/4 mile
east of Cohasset, b~eiag Lote 5, 6, & 7 of Section 6, T24N, R3E, MDB&M.
Idenified as AP 56-20-32, 33, 36, 37, 38, 39, k0, 42, 45, 46, 47, 46,
49, 50, 53, 54, 55, 56, 57, 58, 59, 60, 62 & 63 was held.
Hearing Open to the Public: Appearing
Rod Ryas, Property owner. Mr. Ryan stated that the property owners
would like to withdraw their appeal at this time. Mr. Ryan submitted a
S/ letter signed by the property owners involved.
3 • Mr. Blackstock stated that he would like to have time to go
over the request and would like the matter continued.
The hearing is continued uat11 September 14, 1976 at Z:00 p.m.
503 DENIED REZONE: THOMAS & JOAN TRESLER - APPEAL OF PLANNING COMMISSION'S
DENTAL OF REZONING FROM "S-R-1„ (SUBURBAN-RESIDENTIAL) & "C-1" (LIGHT
COMMERCIAL) TO "M-1" (LIGHT INDUSTRIAL) PROPERTY ON THE NORTHWEST CORNER
OF MUIR AVENUE & STATE HWY. 32, CONTAINING 2 ACRES, kfOR'E OR LESS, CHICO
(CONTINUEDmFROM 6!24/76)
Mr. Lawson, Planning Director, set out the background of the
appeal. -
On motion of Supervisor Richter, seconded by Supervisor Madigan
and carried the Thomas and Joan Tresler appeal of Planning Continissioa's
denial of rezoning from "S-R-1" and "C-1" to "M-1". was .denied with the
findings that it would be detrimental to the general public and it is
inconsistent with the General Plex:. AYES: Supervisors Madigan, McRillop,
Richter and Chaixmaa Cameros. NOESs Supervisor•I,add.
-•--- ADOPT ORDINP+NCE 17515 BAROLD J. & DORTS F. ~,LER - REZONE FROM "H-C"
-150 (EaG}1WAY-COMIiL+RCL!1L) TO "A-2" (• COMMERCIAL : ~''~I,) I+OR PROPERTY LOCATED ON
THE SOUTHEAST SCORNER OF ORD LEE- NGOR HWY AND FOOTHfLL BLVD OROVILLE
The'planning-Coimni~sion's.repttrt on~referrai.from Board of Supervisors
for denied rezoning to Harold J. & Doris~F. Miller from•"H-C" (highway-
commercial) to `T3-1" (11ght industrial) for property located on the
southeast corner of Oroville-Bangor Hwy., and Foothill Blvd., Oroville
was given to the Soard at this time. The Planning Commission recommended
that the area be zoned "C-2'". This would be a compatible zoning.
Discussion of "C-1" zoning and "C-2 " zoning.
On motion of Supervisor Ladd, eecoaded by Supervisor Richter and
unanimously carried Ordinance 1751 rezoning the Harold J. &-Doris F. Biller
property from "H-C" (highway-cormnercial) to "C-2" (Caomierciei) located on
the southeast corner of Orovilie-Bangor Hwy., and Foothill Bivd.', Oroville _ __.,
was adopted and the Chairman authorized to sign. ,.------- ""` ' ~__._.
.... ._.,~_..-..._~.._~.--------_..._..._-. august 31, 1976
page 145.
i-1505 SLT PUBLIC NEARING: EN.TENSIDN DF INTEBIM S-R-1 P$OPERTY LOCATED SOOTH
OF MUD CREBIC, WEST OF ESPLANADE, NOR'1'~i DF BAST AVENUE AND EAST OF THE SOUTHERN
A IFYC RAILROAD RIGN-oF-WA CONTAINiN 50 ACRES MORE OR LESS CNICO
A public hearing is set for October 5, 1976 at 2:00 p.m. for the
purpose of extension of Interim S-R-I property located south of Mud Creek,
west of Esplanade, north of East Avenue sad east of the Southern Pacific
Railroad right-of-way containing 850 acres, more or less, Ghico.
1506 ADOPT..RESOLUTIDN. 76-154 OF 7.NTSriTTDN TO ABANDON ALLEY IN $TNI~EY_TRAGT,
STEVEN 3. &_VIRGIN2A „URNS. ETAZ. AEARIN~~FF-FO,R OCTOBER 12. 1976.
On motion of Supervisor Ladd, seconded by Supervisor McKillop and
unanimously carried Resolution 76-154 of intention to abandon a 12 ft, alley
lying easterly of Lots 8, 9, 10, 11, l2 and l3 as shown on the Map of Finley
Tract recorded fn Book 6 of Maps of Record at Page [+, Butte County, State of
California was adopted, Chairman authorized to alga and hearing date net for
October 12, 1976 at 10:30 e.m.
(507 E[drAT PARCEL MAP ~. APPROVED
On motion of Supervisor MclCillop, seconded by Supervisor Richter and
unanimously carried, the following tentative parcel map recommended for
approval was approved, subject to conditions, and with the findings that
it has been found to be consistent with the Land.•Use,Elementrof'the Butts
County Genexal"Plan end that negative declaration ha•s~been filed with the
Zoned SR-T
G.P. 1-4 du/ac
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1~lerle Carver, AP 4z-Ol-S 2,, 2 .lots, east side of Bay
Ave., north of Shasta Ave., Chico. Engineer: McCain
Assoc.
Pursuant to the requirements of Section 20.3 of the Butte County Code,
the tentative parcel map of the above identified property has been re-
viewed by the Butte County Subdivision Committee and the Planning
Comm) scion.
The (Subdivision Committee and the Planning Commission recommend
appr vat of the tentative map, subject to the following conditions:
1. Indicate a 50 ft. septic tank free setback from the drainage canal.
2. stablish an area for location of well on •Parcel 2 acceptable to
area requirements,
3. Verify legal access.
4. Access road to be constructed to Parcel 2 and approved by the rapt.
of Public Works.
g, Chow all easements of record on the final map.
6. (_ndicate a SO ft. building setback from the centerline of Bay Ave.
+7. ndicate a 55 ft. building setback from the centerline of proposed
atan Road Extension.
8. eed to the-County of Butte 30 ft. light'of-way from the centerline
f Bay Ave.
' Page 146. .
August SI, 1976
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Note
A Nei
Coun~
6~ L' j= Z S S C S L- C C C' L~ C~ T.1 f~ C~ S C C C S S S 6 C T- C C i' . I 0 0 0 C C
The Planning Commission approved a varianee to minimum parcel
size do allow creation of three parcels less than 1 acre in an
S-R-1 zone, so County of Butte can purchase 0.197 acre of right-
of-waX.• The tyro remaining parcels are 0.94 and 0.93 acres.
Thi's application was approved on March 6, 1975.
;ative I~claration Regarding Environmental Impact was filed with the
;y Clerk on July 24, 1'J 76, finding the proposal substantially con-
e to the zone . .- ...... _,.___ '
-1508 nanrv T~rrATIPE PARCEL MAYS STEPB JENKI~S
On .motion of Supervisor"Richter, seconded by Supervisor Madigan
and unanimously carried, the tentative parcel map of Stave 3eakings, AP
42-11-17, 2 lots, east aide of Meridian Road, approximately 1,400 ft.
north of Kennedy Avenue, Chico was denied oa the grounds that it is
inconsistent with the Butte County General Plan, designating the property
as Orchard and Field Crops.
i-1$09 TO MANP R YLANNIN COUNG L CONT tiiJED TO SEPTEMBER 14
The Appointment to~Maapower~Ylanaing Council is continued until
September i4, 1976.
0 nTSCUSSION: BICENTENNIAL SQUARE
Supervisors Ladd aad'MeKillop were appointed to meet with Mrs.
Miasaian on the Bicentennial Square project. They will meet on Thursday,
September 2, 1976 before the Soard meeting.
„(~vpROpg CFtiCO CLIPPER CONTRACT
Mr. Blackatock stated that there was a problem with the Chico
Clipper Contract. The City of Chico wants the County to furnish them
with a Certificate of insurance and to hold them harmless except in
the City's negligence. The City of Chico is not happy about having the
Certificate of Insurance dropped from the contract.
The total amount the County has budgeted is $21,600.
Oa motion of Supervisor Lsdd the $21,600 in funds for the Chico
Clipper be added to the Sheriff's budget and that the County withdraw from
the Chico Clipper contract.
Supervisor Ladd withdraws his motion at this time.
Discussion of the hold tearless clause is the coatract.
On motion of Supervisor Richter the Chico Clipper coatract is
approved with the deletion of the Certificate of Insurance.
Mn*inn dies for lack of second.
The City of Chico has to take the contact back to the City
Council for their approval of the change, deletion of the Certificate
of Insurance. The Council will consider the matter during their meeting
of September 7, 1976.
Oa motion of Supervisor 1hcKillop the County withdraws from.
the_Chi6o..GlippeX~and is~seturned.to the Gity'6f:Chico for them to run
themselves.
Mnrton dips fnr lack of second.
~~
On motion of Supervisor Richter the Chico Clipper contract is
approved with the deletion of rtes. Certificate of Insurance.
j~Stfiio° dies for lack of second
Page I47.
Augvst 31, 1976
Ti
~.` ~`
Oa motion of Supervisor Richter, seconded by Chairman Cameron
the intention to adopt the°Chico Clipper contract with the conditions
that the County wi7.l not hold the City harmless for their own negligence
and that no certificate of insurance will be issued nor also insured, be adopted.
AYES: Supervisor Richter end Chairman Cameron. NOES: Supervisors Ladd,
Madigan and McKillop.
Motion fails.
Oa motion of Superv3.sor•McKillop, seconded by Supervisor Madigan
._.• __and carried the Chico Clipper cont_r_aota.subjact to the Cif Council signin$~
will be operated with the City of Chico and Butte County:&cti~ as Co-operators,
with both taking reaponalbility for the liability. AYES: Supervisors Madigan,
McKillop, Richter and Chairman Cameron. NOES: Supervisor Ladd.
7'b-1512 DI,SCUSSIOI~: T. G. MORRIS, CHICO, REQUEST FOR A REFIIND OF A $50 FEE
FOR A VARIANCE THAT WAS 'D'ENIED BY THE PLANNING COA4~iLS~S'EON.
Mr. Morris requests a refund of a $50 fee in which his application
for variance for a ]/10 of an acre parcel within an interim SR-1 zone was
denied by the Planning Commission. Mr. Lawson stated that he felt that this
would be setting a precedent and this would not be good.
Mr. Frank Brazil, representing Mr. Morris set out the reasons
for the request.
Discussed; no action taken.
RECESS: 2:40 p.m.
RECONVENE: 3:00 p.m.
76-1513 ADOPT ORDINANCE 17521 YiTBLIC HEARING: GLEN $HIRLEY, SPENCER GLARK &
DAN FORMAN - REZONE FROM "A-2" (GENERAL) T0."$-S" (MEDIUM DENSITY RESIDENTIAL)
PROPERTY ON A PRIVATE ROAD APPROILIMATELY 300 FT. EAST OF TBDRSEMAN AVENUE,
APPROXI1~f?.TELY 950 ET. NORTH OF LASSEN AVENUE, CONTAINING 3.76 ACRES, MORE
O$ LESS. CHICO.
The public hearing on the Glen Shirley, Spencer Clark and Dan
Forman rezone from "A-2" (general) to "R 3"' (medium density residential)
property on a private road approximately 300 ft. east of Norseman Avenue,
approximately 950 feet north of Lassen Aveaue,contaiai~• 3.76 acres, more
or lees, Chico was held ae advertised. Mr. Lawson set out the background
of the area.
Hearing open to the Public: Appearing:
Fred W. Hignell III, Chico. Mr. Aignell stated that he was for
the rezoning and that he thought this would be the best use for the land.
Hearing closed to the public and confined to the Board.
On motion of Supervisor Richter, seconded by Supervisor Madigan
and unanimously carried Ordinance 1752 the Glen Shirley, Spencer Clark sad
Dan Forman property fezone~from "A-2" (general) to "R-3" (medium density
residential) property on a private road approximately 300 ft. east of
Norseman Avenue, approximately 950 feat north of Lassen Avenue, containing
3.76 acres, more or less, Chico,~taith-the-£lading that this is in conformity
with the Butte County General Plan was adopted 'end the Chairman authorized
._.,....~~ .a~~_..._._ .. ....... -- - -_....-_.._....._..._T----~---._~.__._._._._.__._ ... ......... .
Page 146.
August 31, 1976
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_________=====Au~usL~Jt~-~=~_a_~_~=---------
-1514 ADOPT ORDINANCE 17533 pUBI,IC HEARIlQG: GORDON WILLTAttSON, ETAL -
ENVIRCNMEt1TAL ZffiACT ~P08T AtiD HE20NING F&ATi "A-2" {G'L+NERAL) TO "C-2"
(GENERAL COMMERCIAL).PROPEIiTY ON THE EAST SIDE DF ESYLANA€18, APPROXIMATELY
335 ri S^yJTH OF COh4iERCIAL AVENUE, CONTAIRING 22 ACRES. i~RE OR LESS. CHICO.
The public hearing oa the Gordon Williamson; etal - Environmental
impact report and rezoning from "A42" (general) to "C-2" (general commercial)
property on the east side of Esplanade, approximately 135 ft. south of
Commercial Avenue, containing 22 acres, more or lees, Chico was held as
advertised. Mr. Lawson explained the area surrounding the property, and
the adverse effects in the enviroumeatal impact report.
Hearing open to the public: Appearing:
Gordon Williamson, property owner. Mr. Williamson net out hie
reasons far wanting the property rezoned.
Hearing closed to the public and confined to the Board.
On motion of Supervisor Richter, seconded by 5upervieor Madigan
and unanimously carried the Environmental Impact Report was approved with
the findings that the land has not been used for fax~a land is several gears
and therefore there is no loss of agricultural land; the land is situated
where there is a highway and a four-lane road sad therefore there would
be no traffics problem; the rezohing•wou~cd.be ea improvement;.Ordiaance•c~
3753 rezonfngFpzoperty on the east side of Eegleaade, approximately ].35
ft. south of Coamuercial Avenue, containing 22 acres, more or less, Chico
to "G-2" was a;3opted with the findings that it~is in conformity with the
,__._Sutte County Ge:ieral Pisa and the Chairman was authorized to sign.
515 pYSCUSSION• TENTATIVE PARCEL MAP, THOMAS M. WHIPPLB
Background of the area net out. Diacussioa as to whether
the Thomas M, Whipple map is in conformity with the butte County General
Piero.
On motion o£ Supervisor Richter, seconded by Supervisor Madigan
the Thomas M. Whipple map is rejected because it is not in conformity with
the Generai Plan.
Motion withdrawn.
On motion of Supervisor Richter, seconded by Supervisor McR3.11op
and unanimously carried, the following tentative•parcel map wan approved,
subject to conditions, sad with the findiage•that it is not incompatible
with the General Plea and that negative declar~etion has baen•filad with
the County Clerks
Zon d Pi-1 Tlior~as ~d, ldhipple, AP 42-3G-O5, 2 lots, southeast
G.P. Orchard $ corner of Freight Lane and. State Hwy. 'SZ, Chico. ~;
Fie d Crops Engineer: McCain Assoc.
Pur want to the requirements of Section 20.3 of the Butte ~'ounty Code,
the tentative parcel map of the above identified property has been re-
vie ed by the Butte County Subdivision Committee and the Planning
Cam fission.
'FheSubdivision Committee and the Planning Commission recommend
app oval of the tentative map, sub}ect Lo the following conditions:
1. Locate a well on Parcel 1 to the satisfaction of the Health Dept. .
2. Indicate a 50 ft. building setback .from the centerline of Freight
Lane . .. ......... ....._ ..
Page (49.
August 31, 1476
r,
3.
a.
•5 .
b.
A ~
the
man
user
r"'`
_ _August 31~ 1_976 _ _ _ _
Indicate a 55 ft. building setback from the centerline of State
Hwy. 3Z.
Show all easements of record on the final map.
Provide`a 20 ft. xadius property line return at intersection of
Freight Lane F State tlwy. 32.
Road names and house numbering to be reviewed and approved by the
Dept. of Public Y?orks prior to recordation of final map.
egative Declaration Regarding Environmental Impact was filed with
l'ounty Clerk on July 6, 1976, finding the proposal is in confor-
ce with the Butte County General Plan, zoning an the property, and
s in the surrounding area.
A11 reasonable efforts should be made to protect Agriculture, pat only
for its economic advantages to the County ,'but, as an important and
desirable use of the land which establishes many of the values for
urban areas.---~....__.. .. . _ . .. _., -.__-- -
Agr~icultuxal land should be preserved against piecemeal urbanization
which would tenii to adversely effect the economic potentials of this
im~ortant segment of the County's base.
in providing for urban growt~ti and expansion, the fertile areas should
be preserved, wherever possible, to encourage prior use of 'laricT that
ha~ less Agricultural potential. V ~ `,
76-1515 ~.. TENTATIVE PARCEL. MAY APPROVED
On motion of Supervisor Madigan, aecondad by Supervisor-Richter
and ~manimously carried, the following teatatiive parcel map was approved,
subject to conditions, and with the findings that it hoe been found to
be cohaiatent with the.8utte County General P1an;and that negative
declaration has been filed urith the County Clerk:
Zone'~d R-1
G.P.1-a du/ac
David E. Meyer, AP •45-28-24, 4 lots, north side of
Filbert Aue., northeast of firyant Ave., Chico.
Engineer: D. R. Raper
Purs~ant to the requirements of Section 20.3 of the Autte County Code,
the entative parcel map•of the above identified property has been re-
view d by the Butte County Subdivision Committee and the Planning
Commission.
'I`he Subdivision Committee recommended denial of the tentative map,
inns uch as the proposed parcel map does not meet the minimum criteria
of t~ a Ordinance. The Planning Commission took no action on this
application. If approved, the following conditions are recommended:
1. hat any future development be connected to City of Chico sewer
;System.
2. Construct full improvements, i.e, curb, gutter, and sidewalk'
along Filbert Ave. frontage and cul-de-sac street.
3.__„Indicate a 20 ft. building setback from the west easement line.
_.. _.._.^ _.. _.._...... _ . page 150.
~t; ~a _
i
August 31, 1976
~'` r...~
August 31,_1976 _ _ _ _ _
vaveae=ae~a~r==- •--~--~ea~ee
_4. how all easements of record an the final map. -
5. 'l;hat the parcels be extended so proposed easement is part of Parcel
2, 3, Fz 4.
6. ~rovide a 20 ft. radius retcirn at intersection of Filbert Ave. end
~ccess road. •
7. install one fire hydrant at intersection of Filbert Ave. and cul-
de-sac street with following specifications:
1,000 gpm.
Clow Catalina ~8 or equal.
8. ~ndicate a 50 ft. building setback from the centerline of. Filbert
venue.
9. toad names and house numbering to be reviewed and approved by the
tent. of Public SVorks prior tv recordation of final map.
A Ne ative Declaration Regarding Environmental Impact was filed- with the
Ceun y Clerk on July 26, 197fi, finding the prv;ject is in conformance
with the Butte County General Plan, the specific zoning covering the ti
prop rty, and general uses in the area. -,,... __-_..~____ .. .•_-- -- !
7b-1517 ~RN'FATIVE PARCEL MAP APPROVED
On motion of Supervisor McRillap, seconded by Supesvlsar T;add
and unanimously carried, the following tentative parcel map was approved,
subject to conditions, and with the findings that it has been found to
be consistent with the Sutte County General Plan and that aegative
•--•-- --•- ..._ _ declaration hoe been filed with the County Clerk:
Zo ed A-Z Rudolph A. Schott, dp 41-A1-02 fa 135, AP 41-51-
6. Timber $ 0&, 4 lots, 1/Z mile east of. Yankce Hill, one
fit. Terrain mile south of Hwy. 70, near ~roville. Surveyor:
John ~V. Namby
Pu suant to the requirements of Section 20.3 of the Rutte County Code,
th tentative parcel map o~ the above identified prorerty has been re-
vi~weA by the Autte County Subdivision Committee and the Planning
Commission.
1.
2.
3.
4.
5.
6.
7.
Subdivision Committee and the Planning, commission recommend
proval of the tentative map, subject tv the following conditions:
Verify legal access.
Provide traversable access constructed to RSS LDi standard.
Indicate a 50 ft. building setback from the centerline of the access
easement.
Show all easements of record on the final man.
Provide a road maintenance agreement.
Access easements to he reserved in deeds per County ordinance.
Road names and house numbering to be reviewed and apnroved by the
nept._of Public iVorks prior to recordation of fin Al ,.map. -
_ __._._ '~~Page 151, -- - - .. - .-
• August 31, 1976
~"`. f''
c~c~===~_-_=~~~'t~~~u~ce~ee.=xa=aeeac¢ssn
e: This is a further down-parceling of an area designated by the
eral Plan as timber-mountainous.
A Negative Declaration Refiarding Environmental Impact was filed with
th County Clerk on .Iuly 20, 1976, finding the proposed project poses
nonsignificant adverse environmental effects.
Thy timber mountain classification is intended for those areas which
ha~re value as timber producing areas, watershed areas, scenic areas,
re reational areas and areas which by their character and particular
to ography require special treatment and protection to mitigate po-
ts tial damage. Residential development in these areas should be
co fined to areas where the topography of the land will allow a mini-
mum amount of damage by way of erosion, siltation, surface and ground
wa er pollution or the destruction of scenic and historical areas.
De~isity should be considered on the basis of these factors and weighed-
against alternate use of the areas for timber production, recreation
an _watershed protection, ~- - ---- -
76-1518 TENTATIVE PARCEi, MAP APPROVED
On motion of &upervisor Richter, seconded by Supervisor Ladd
and unanimously carried, the following tentative parcel map was approved,
subject to conditions, and with the Findings that it has been found to
be consistent with the Butte County General Plan and'that negative
declaration bas been filed with the County Clerk:
Zoned S-R Ray C,. ;~olta, AP a3-n~-Q2, a ]ots, soaxth side
G,~ 5-R du/ac to of Iv. 11tJx .4ve., across from 7uni_Ave.,
9- 2 du/ac Chico. Surveyor: T-fax Ah~ert
Pursuant to the requirements of Section 2~,3 of the 131ttte county Corte,
th tentative parcel map of the above identified nroporty has been re-
vj, ed by the Butte County Subdivision Committee and the Planning
Co mission.
of
If
1.
2.
3.
Subdivision Committee and the Planning Commission recommend denial
the tentative map, inasmuch as the proposal is poor parcel design.
approved, the follotring conditions are recommended:
Annexation to City of Chico or a letter from the City stating that
they are unable to annex these parcels.
SJiow all easements of record on the final man.
Deed to the County of Butte 45 ft, right-of.-way from the centerline
of the existing right-o.f-way.
Indicate a 65 ft. building setback from the centerline of the
existing right-af-tray.
Construct right-of-way to R58 LDIII standard along I~. 11th Ave.
Road names and house numbering to be reviewed and approved by the
Dept, of Public 1~'oxks prior to recordation of final man.
Pay a drain age deposit to the County of Butte of 61800 per acre.
degative Declaration Regardin~g•• Environmental Impact was filed frith
County Clerk~on July 6, 1976, finding the proposal is in confor-
ice with the Butte County General Plan, zoning on tlxe property, and
's in the surrounding a~~~~"'~ag~ e~152: '~~•-•• ~~
-~ ~• ~ ~' August 31, 1976
a.
5.
6.
7.
A'.
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7b-1519 A'~IVB SUBDIVISI~ lfAP D'SNlED: 08O HILLS SUBDIVISION
•~ On .motion of Supervisor Ladd, seconded bq Supervisor McKillop
and carried the Oro Hi11s Subdivision tentative map is approved with the
findings that it is consistent with the Butte County General Plan.
AYES: Supervisors Ladd, Madigan, McKiliop, sad Chairman Cameron.
HOES: Supervisor, Ri.cbter. After a discussion, Supervisor Ladd withdrew
is motion, Supervisor I~eZCi.,I],op withdrew his second, sad each Board member
withdrew his vote. •~Iotioa w thdrawn.
On motion of 6upervisor Madigan, seconded by Supervisor Richter
and carried, The Oro Hills tentative subdivision map was rejected with the
findings that it is not consistent with the Butte County General Plan.
75-1520 ADOPT RESOLUTZOrr 76-155 SETTING THE TA% RATE FOR THE FiSGAL YEAR 1976-77.
On motion of Supervisor Madigan, seconded by Supervisor Richter and
carried, Resolution 76-155 was adopted setting the tax rate far the fiscal
year 1976-77 at $2.228 per $100 value and the Chairman authorized to sign.
76-1521 ~,ATTERS PRESENTID BY THE BOARD MEMBERS.
Chairman Cameron stated that he hoped the Board would reconsider
the positions for the Sheriffs Department. Chairman Cameron stated that
the people in his district would be willing to give up soma of their
services in ardar to receive more police protection.
Chairman Cameron stated that he was going to attend another
special BCAG meeting to discuss the joint agreement between Butte County
and the Cities pertaining to the Block Grant, and wanted to know the
coacensus of Che Board members.
Supervisor Madigan stated Chat after seeing the sales tax for
Arizona he hoped that the sales tax for California would be as good.
Possibly there will be more revenue Chan"Rnticipated for Butte County.
RECESS: The Board recessed at 4605 to reconvene as Thursday, September 2,
1976, at 10100 a.m.
6eptember 2, 1976
RECONV$NEDt The Board reconvened at 10:00 a.m. Present: Supervisors Ladd,
Madigan, McKillop, Richter and Chairman Cameron. Mike Pyeatt,
Assistant Administrative Officer, Dan Blackatock, County Counsel,
and Clark A. Nelson, County Cleric by Margie Catt, Board of
Supervisors Clerk.
7b-1522 SPECIAL MEETING: STATE IIIDUSTRTAL RELATIONS PERSONNEL AND HAROLD WELBORN
CONCERNING PARADISE LIBRARY PROBLErLS.
Dan Blackstock, County Counsel, set out the background of the
Paradise Library contrast: Revenue sharing funds were used and the
Davis, Bacon Act was a rdquirement. There are two matters before the
Board at this time, the question of a change order and the penalities
that have been assessed on the contractor as a result of wage problems.
Mr. Welborn explained the reasons that he was requesting a change
order. Mr. Welborn stated that he has not received .the appropriate
Federal Register Wage data yet.
Discussion a~ the two types bf wage registers used, the April
issue of the Federal Register and the July issue of Caltraas.
_ Page 153.
August 31, 1976