HomeMy WebLinkAboutM092474September 24, 1974
STATE OF CALIFORNIA )
SS.
COUNTY OF BUTTE )
The Board of Supervisors met at 9:00 a.m. pursuant to adjournment.
Present: Supervisors Cameron, Gilman, Ladd, McKillop and Chairman Madigan.
Clif Mickelson, Administrative Officer, Dan Blackstock, County Counsel, and
Clark Nelson, County Clerk, by Margie Catt, Board of Supervisors Clerk.
Pledge of allegiance to the flag of the United States of America
74-1408 APPROVAL OF MINUTES
On motion of Supervisor Cameron, seconded by Supervisor McKillop
and unanimously carried, the minutes of September 17, 1974 were approved as
mailed with the amendment on Page 258, Item 74-1382 to state that the intern
positions are being used as extra .help on a full; time basis.
74-1409 COMMUNICATIONS
Glenda M. Williams, Chico. Ms. Williams writes regardir~.g parking lot on the
O ~•O ~ northeast corner of Lindo and Longfellow Avenues leased by
C.A.R.D. County Counsel will have a report for the Board next week
on this matter. Letter to be answered by County Counsel.
Graves and Gessis, Land Surveyors. App al is filed to decision of the Planning
',3 p y~ Commission regarding parcel map for R.M. Anderson. To be discussed
later in the meeting.
Graves and Geddis, Land Surveyors. Appeal is filed to condition one on the
1/3~o S~ approval of parcel map for Mr. Thad Wakeman. To be discussed
later in the meeting.
Mrs, David Maydole, Paradise. Mrs. Maydole sends copy of her letter to Walt
/ 0 O. Z~ Bush, Construction Engineer regarding damage to her car because of
construction work on Skyway. Discussed. See motion following
communications.
Bach and Bach, Chico. Attorneys file claim on behalf of Fluffyfoot Carpets,
Inc, and Desanka S. Pascual in connection with Skyway Construction
/ O 0' ~ Project. See motion following communications.
Oroville Area Chamber of Commerce. Davis Hammon, President writes regarding
~ O 7J p O Congressman Johnson~s comments at the breakfast in Oroville.
Comments discussed; no action taken.
City of Chico. Mr. Hoo1e, City Planner, writes regarding special city require-
) ments for commercial development adjacent to residential zoning
/! ~j•~ when residential zoning is not within the city. Mr. Lawson will
be requested to comment on this when he is gresent.
City of Chico. The City Council has nominated Mr, Frank Watters to another
four year term on the County Planning Commission. His term expired
/r 3,0 0 on September 12, 1974. See motion following communications.
Local Agency Formation Commission. The Commission writes regarding annexation
6 ~ r„~'~/ of streets and street improvement problems. Discussed; no action
/ taken.
Local Agency Formation Commission. The Commission sends copy of its letter
to Mr. Sherm S. Hinaman, Jr. re-LAFCO resolution No. 74-18 approving
D ~ ~ L establishment of the Lake Madrone Water District. Discussed;
no action .taken.
Page 272.
September 24, 1974
September 241 1974
Stockton East Water District. The District forwards Resolution 74-75-7
00,0 ~ opposing the Stanislaus River Initiative-Proposition 17.
/ Discussed; no action taken.
Trinji.ty County. The County sends its Resolution No. 95-74 expressing endorse-
d ~ ment and approval of legislation appropriating $10 million for
0 ~' purchase of land in the Lake Tahoe Basin from Fibreboard Corporation.
Biscussed; no action taken.
County of Sacramento. The County forwards Resolution No, 74-1062 which seeks
/ amendment of the National Health Planning legislation embodied in
G ~ 0~ H. R. 16204 for purpose of authorizing governing bodies of areawide
~ health systems agencies to be composed of elected officials.
Dr. Enloe commented on this bill. See motion following communicatians.
Regional Council of Rural Counties. The Council forwards its Resolution
~ Y Igo. 74-6 urging the voters of California to turn down the Stanislaus
j D ~• River Initiative - Proposition 17. Information only.
Department of Housing and Community Development. The Department forwards copy
0 O.p 0 of its letter to Mr. Castleberry re enforcement for mobile home
~ installations outside o£ mobile home parks. Mr. Castleberry stated
Public Works would be geared up to enforce this by January+ 1, 1975.
Senator John A. Nejedly. Mr. Nejedly writes in support o f Senate Bi11 250
y which would require the State to pay for in-home support of services
O p." from the State share of federal social service funds for the fiscal
/ year 1974-75. He urges letters of support to the Governor in this
matter. Mr. Nickelson stated he had discussed this with Welfare
Director. Copy of the bill will be sent to Board members.
Senator Randolph Collier. Mr. Collier writes regarding the work of the
(} Senate Select Committee on the Taxation of Timber and Timberland,
~~~'p Assessor to respond to th_s bill,
Congressman Harold T. (Bizz) Johnson. Mr. Johnson forwards copy of the
r Q ~ August l4, 1974 Federal Register containing final guidelines by the
y Z EPA on thermal processing and land disposal of solid waste.
tir. Castleberry to summarize this for the Board.
Congressman Harold T, (Bizz) Johnson. Mr. Johnson writes to correct an error
in his previous statement on in-lieu taxies to tk-e Government
0 p,'L 7' Operations Committee of the Northern California Supervisors
Association. Net return per acre for Lassen County is $4.15 rather
than $.80 as stated. Information only.
~ p~.pClGovernor. General Election Proclamatian. Referred to Election Department.
Goldstein, Barceloux & Goldstein. Appeal on Planning Commissian Denial
0~ by James LaForce. He requests that the hearing set for 2:00 p.m.
f~ ~• today be continued to October 22, 1974. Request granted.
C. W. Bachman. Protest of condition of the Ivan Cunningham parcel map.
Chairman Madigan and Mr. Castleberry have looked at this site.
Letter discussed; no action taken.
Bob Tucker and R. E. Allen. Appeal decision of Planning Commission to
~ ~ 3 ~ v rezone the Idarren Road area. To be discussed when Mr. Lawson
is present.
Chico Community Day Care Center. Request the Board to consider allowing
~ 0 ~ ~~ them to keep their worker that was financed under the Manpower
program. Discussed. Referred to Jim Rackerby to handle.
Harold T. (Bizz) Johnson. Informs the Board that through the Department of
Labor Butte County will receive a supplemental grant of $253,403
~ }J.~ for its public service employment program. Information only.
Lucile Griffiths, President, League of Women Voters of Butte County.
Introduces Mrs. Robert Fredenburg who will attend the Board of
~ O I, ~ ~ Supervisors meetings as a League Observer.
RECESS: `9:20 fog executive session
RECONVENED: The Board reconvened at 9:55 following an executive session.
Page 2730
September 24, 1974
______________September 2411974_=__=__ ~______
74-1410 MATTERS PRESENTED BY BOARD MEMBERS
Supervisor Ladd said he has received a request from the Butte
County Housing Authority to participate in the Manpower Program, It was
stated that the Board has a policy that only entities that are sugported
by local property taxes would be considered or eligible for these workers.
Mr. Rackerby explained the request. These would be positions that
are treated as regular employment. There are training programs and they
have been able to place these people in other governmental agencies.
Mr. Rackerby stated that he has talked to Mr. Melton about these workers and
he stated that the Housing Authority does not want this type worker.
They want to hire trained people.
Chairman Madigan felt that Mr. Rackerby should again talk to
Mr. Melton and explain the Board's policy and suggest that he use the
training program to secure workers. It was felt that it might be well
to have Mr. Melton appear before the Board and explain his request.
Mr. Rackerby said he would discuss the matter with Mr. Melton and if
he desires, he will have him appear before the Board to explain his request.
Chairman Madigan stated that Mrs. 3oseph Sullivan had complained
that there were no drains put in at the end of Ceres Avenue at Sunland.
Water still ponds at this location from coolers and water from lawns.
Mr. Castleberry stated he would look at the area and determine what can
be done. He feels that it will cost money to solve this problem.
chairman Madigan gave the letter from Mrs. Sullivan to Mr. Castleberry
to answer and handle.
RECESS: 10:35
RECONVENED: 10:50
74-14 i1 RE3ECT CLAIMS
On motion of Supervisor Ladd, seconded by Supervisor Gilman and
unanimously carried, the following claims were rejected and referred to
County Counsel and the insurance representatives:
1. The claim of Mrs. David Maydole, Paradise, for damage to
her car because of construction work on the Skyway, Paradise.
2. The claim of Fluffyfoot Carpets, Inc. and Desanka S. Pascual
in the total amount of $560,000, due to the co-istruction of the Skyway.
74-1412 APPROVE RE-APPOINTMENT TO PLANNING COMMISSION
On motion of Supervisor Cameron, seconded by Supervisor Gilman
and unanimously carried, Mr. Frank Watters was reappointed for another
four-year term on the County Planning Commission, as the City of Chico's
nominee; present term expired on September 12, 1974.
74-1413 APPROVE LETTER ENDORSING SACRAMENTO'S RESOLiJTTON SEEKING AMENDMENT
OF THE NATIONAL HEALTH PLANNING LEGISLATION EMBODIED IN H.R. 16204
On motion of Supervisor Cameron, seco:ded by Supervisor Gilman
and unanimously carried, Dr. Enloe and the Administrative Officer were
authorized to write a letter to the State Legislators in the same vein as the
Resolution adopted by Sacramento County which seeks amendment of the National
Health Planning legislation embodied in H.R. 16204, said letter to be
signed by the Chairman.-
No. 1488
74-1414 ADOPT ORDINANCE/AMIlVDMENT SALARY ORDINANCE and ORDINANCE N0. 1489
APPROVING AMENDMENT TO RETIREMENT CONTRACT
On motion of Supervisor Gilman, seconded by Supervisor McKillop
and unanimously carried, the following action was taken:
Page 274<
September 24, 1974
===mm~=_-===W==September 24=1974___==---__~___
1. Waived the second reading of the Ordinance amending the salary
ordinance and adopted Ordinance No. 1488 amending the salary ordinance and
authorized the Chairman to sign.
2, Waived the second reading of the ordinance amending the
retirement contract, adopted Ordinance No. 1489 authorizing amending
of the retirement contract and authorized the Chairman to sign.
74-1415 APPROVE LEAVE OF ABSENCE
On motion of Supervisor Gilman, seconded by Supervisor Cameron
and unanimously carried, the Board authorized the extension of noncompensated
mediE<al leave of absence for Mr. William Ward, Probation DepartmenC,
through September 20, 1974.
74-1416 AUTHORIZE WAIVING OF $1.00 FEE FOR ADMINISTERING FLU SHOTS
Dr. Erlingheuser, Health Director, advises that during October
and November flu vaccine will be administered to thousands in Butte County
age 65 and older. Assembly Bill 3157 provides the vaccine and also allows
collection of a fee of $1 for such shots. He requests Board policy decision
as to whether or not the mechanism for collection of the fee should be set
up or no fee charged.
Dr. Enloe spoke on this matter. Clinics will be held throughout
the County. He explained the purpose of the $1.00 fee. He said it was up
to the Board whether the $1.00 fee should be collected or not. Supervisor
Ladd said he feels that this would be a service to the people in the County
as it would give the other people a better chance in not contacting L'he flu.
Program discussed.
On motion of Supervisor Ladd, seconded by Supervisor Cameron and
unanimously carried, the Board authorized the waiving of the $1.00 charge
for the administering of shots to persons age 55 and older, in the inCerest
of public health.
74-1417 AUTHORIZE USE OF FUNDS FOR GOLDEN FEATHER. FAIR FENCING
On motion of SupervisorMcKillop, seconded by Supervisor Ladd and
unanimously carried, the Board authorized the use of the $1,600 for fencing in
the grandstand area on a day work and material basis with purchase
of material through the Butte County Purchasing Agent.
74-1418 AUTHORIZE TRAVEL REQUEST
On motion ofSupervisor Cameron, seconded by Supervisor Ladd and
unanimously carried, the request of the District Attorney was approved for
Hal Brooks and David Dansby to attend the California Association of Polygraph
Examiners in San Francisco October 5 and 6. One night lodging; estimated
cost of trip $85.50; travel by county car.
74-1419 BUDGET TRANSFERS APPROVED
On motion of Supervisor Gilman, seconded by Supervisor Ladd and
unanimously carried, the following budget transfers were approved:
B-005 Data Processing - transfers $1,750 from salaries and wages
regular to overtime within the Data Processing budget
B-006 Biggs Justice Court - transfers $768 from salaries and wages
regular to extra help
74-1420 DEDIGATTON OF YUBA-FEATHER HEALTH CLINIC
Clif Nickelson, Administrative Officer, stated he had gone to
Brownsville Sunday to the dedication ceremony for the Yuba-Feather Health Clinic.
Page 275.
September 24, 1974
_ _________ ____3egteneheg24319Z4=====______ __
He said khey have done a good job at the clinic; at the ceremonies they
spoke of khe assistance khey received from. Butte County. There are two
doctors on full kime.
74•-1421 MATTERS PRESENTED BY ADMINYSTRATIVE OFFICER
Mr. Nickelson stated that there would be a Chico Chamber of
Commerce function at the fairgrounds in Chico this Wednesday night.
They would like to have a Board member atkend to accept a citation.
Supervisor McKillop will try to aktend this function.
Mr. Nickelson stated he had placed a progress repoY~ on
the county hospital remodeling on the Board members desks.
Mr. Nickelson reported on a letter from Mr. Price concerning
someone adding on a rider on khe County insurance policy at khe expense of
the County. This would expose the County if the County dial not deny this
rider. He stated there would be a department head meeting in a few weeks
and they -•iiil discuss the matter of no one adding riders to the County
insurance. This is a function of the Board of Supervisors.
74-1422 APPROVE CONTRACT WITH CHILDRENS HOME SOCIETY AND SERVICES AND RENTAL
AGREEMENTS WTTH KENMAR
On September 10, 1974 the Board approved the contract with the Childress
Home Society for 1974-75, however, the amount in the contract was in error.
The contract has been revised to provide for professional and specialized
services of $57,165 and support and care of persons of $41,429 for total of
$98,594. The revised contract has been approved by Counsel and Auditor.
All conditions in the agreements with Kenmar have been completed
with the exception of the sprinkling system which will be completed by October
1, 1974. The institution of the contracts was contingent upon completion of
all items. A temporary fire clearance for the month of September has been
granted by the State Fire Marshal which allows the facility to be fully
licensed by the State Department of Health for fourteen beds. Contract
discussed. Supervisor Ladd said he wondered if the Board should approve
something that is incomplete. He felt they should be put on notice that the
County insists on proper compliance of the original agreement and the
County is not waiving any of the requirements.
On motion of Supervisor McKillop, seconded by Supervisor Cameron and
unanimously carried, the following action was taken:
1. Declared previous action on the contract with the Childress
Home Society null and void and approved new contract with the Childress
Home Society of California and authorized the Auditor to pay for services
provided by this Society during 3uly and August kotaling $14,210 pending
State's final contract review and approval.
2. Approved khe services and rental agreements with Kenmar
effective September 1, 1974 and authorized the Chairman to sign.
74-1423 AUTHORIZE ASSESSOR TO WRITE LETTER REQUESTING APPRAISAL FIGURES FOR
LAND TRADE PROPOSED BY U. S. FOREST SERVICE
Dave Vasco, Assessor, spoke concerning the letter from the U.S.
Forest Service regarding exchange of acreage. Mr. Vasco stated he could
not secure the information the Board wanted. He said he would like authorization
from the Board to write a Letter requesting the appraisals on the properties
involved. Chairman Madigan said he could not understand why they did not
wank ko give the information requested by the County.
Exchange of properties discussed.
Page 276.
September 24, 1974
______________~egt~m~er~4i 1974===----_-___ __
On motion of Supervisor McKillop, seconded by Supervisor Cameron
and unanimously carried, the Assessor was authorized to write a letter,
under the Chairman's signature, to the U,S, Division of Forestry, requesting
the appraisal figures for the land trade proposed by the U. 5. Division of
Forestry,
Mr. Vasco spoke concerning the select committee on timber proposed
by Senator Colliers. He has responded to his letter and they have given him
all the information he requested.
74-1424 APPEARANCE: MR. CHARLIE PREST MIDDLEHOFF LANE OROVILLE-TM-160 ZONING
Mr, Charles Prest, Middlehoff Lane, Oroville, second vice-president
of Orovilie Chamber of Commerce, .said the Board had blanketed the eastern portion
of the County with an interim TM-160 ordinance. It is felt that many property
owners will suffer because they will not be able to sell their land. They
would like the Board to make this interim as short as possible. This interim
ordinance has created havoc in the local title companies. He suggested that
the Board appoint a committee to study this matter and suggested that
Supervisors McKillop, Ladd and Cameron be appointed to this committee.
Members of the Oroville Chamber of Commerce would be willing to work with the
Board and this committee on the zoning plan for this area,
Supervisor McKillop asked Chairman Madigan if he intended to
appoint such a cormnittee. He feels that the direction should come from this Board,
Appointment of a committee discussed.
On motion of Supervisor McKillop, seconded by Supervisor Ladd and
Carried, the Chairman was requested to appoint a committee of Cwo Board
members to study the open space element of the General Plan and bring back
to the Board a recommendation to be given to the Planning Commission of
the direction they should go regarding the zoning of open space land.
AYES: Supervisors Cameron, Gilman, Ladd and McKillop
NOES: Chairman Madigan.
74-_1425 APPEARANCE: IRV KIB9~EAUX,MANAGER OF NORTHWEST TITLE COMPANY
__
Mr, Irv Kibm eaux,manager of Northwest Title Company, stated
that all the lenders will require *_hat all the insured loans set out the
proper zoning for the properties involved in loans. They are going to rely
on Planning Department that the property is properly zoned, requesting
that someone from Planning Department set out the zoning for the property
that is in escrow. The Board felt that this has been a long time in coming;
they thanked bir, Kibodeauxfor this information.
74-1426 APPEARANCE: MR. DON DUFFUS
Mr. Don Duffus, StaussAvenue, Oroville, thanked the Board for
their consideration of the Handicapped of Butte County needs.
74-1427DISCUSSION: RECOMMENDATIONS OF REVENUE SHARING COMNIITTEE
Discussion of recommendations of the Revenue Sharing Committee
held at this time. Supervisor Gilman asked what happens when the
Revenue Sharing stops. Supervisor McKillop said he felt these are
only one-year anticipated funds. It was felt that there should be a
written stipulation from each organization that they understand that this
is a ane-shot deal. No agreements have been prepared at this time to
handle these funds.
Dan Blackstock, County Counsel, stated that the organizations
will receive the funds according to agreements. There will be agreements
with. the agency for services that they will be rendering.
Page 277.
September 24, 1974
---------=====Se~t~mber 24}974=====_-_-____
Supervisor Ladd stated that he and Superv>aor Cameron had met
with the architect for Juvenile Hall yesterday. They received disturbing
news, A meeting is set up for 1:15 today. The cost estimate is way over
the budgeted amount and estimates.
Supervisor McKillop stated that the Board has indicated they they
would have a juvenile hall built, along with some libraries in the County.
Costs are going up every month. The County should either get on with the
projects or abandon them.
Supervisor Ladd said he felt the committee has been Affective.
They hope to hive a recommendation to the Board within the next week
or so.
Chairman Madigan asked if it was Supervisor Ladd's point that the
Board should consider Juvenile Ha11 funds first, before they consider the
other requests for funds from Revenue sharing.
Action on the recommendations of the Revenue Sharing Committee
put over until this afternoon.
74-1428 AUTHORIZE PAYMENT FOR PAINTING IN BOOKMOBILE ROOM OF LIBRARY
Additional painting was determined necessary in the amount of
$250 but was inadvertently left off the last change order. This item was
carried over from Last week. Mr. Castleberry recommended that this room
be painted.
On motion of Supervisor McKillop, seconded by Supervisor Gilman
and unanimously carried, payment of $250 for painting in the Bookmobile room
of the library was authorized,
74-1429 PUBLIC WORKS ITEMS APPROVED: ORDINANCE 1490 ADOPTID
On motion of Supervisor Ladd, seconded by Supervisor Cameron and
unanimously carried, the following action was taken:
1. Waived the first reading of ordinance establishing speed limits
on various Butte County roads.
2. Waived the second reading of ordinance establishing speed
limits on Railroad Ave., Brough Ave. to Biggs City limits; adopted
Ordinance No. 1490 and authorized the Chairman to sign,
3. Authorized a letter to be sent to Southern Pacific Company
stating County's deni~ee to acquire abandoned Stirling City and Oroville Branch
line right-of-way.
4. Authorized purchase of pump for Neal Road landfill dump
at an estimated cost of $2,200.
74-1430 PUBLIC WORKS INFORMATION AND DISCUSSION ITEMS
(a)Mr, Castleberry stated that Mr. McCain of McCain & Associates
desired to discuss the claim for $2,178.97 in additional costs due to
contractural problems concerning the Superior Court Building. Matter to
be discussed this afternoon.
(b) Washington Street, Nord, abandonment. Mr. Castleberry
reported that these streets are next to a school; they are putting up a
gate to clase the street. Information anlyo
Page 278,
September 24, 1974
______Y_____September 24, 1974______=~_==T.__
c. Clark Road construction - Curb, Gutter & Drainage District.
Mr. Castleberry stated that the Board had approved this in the budget.
He proposes to bring to the Board a consultant contract or proposal for the
assessment district. Proposed district discussed; no action taken.
d. Report on request to Caltrans for lights at Foothill and
Route 162 and a left turn pocket at Oakvale and Route 1b2. Caltrans did
not think these projects were feasible at this time. Mr. Castleberry said
he would keep leaning on them. Information only.
74-1431 LETTER AUTH~I2IZED TO BE WRITTEN TO LEGISLATORS AND CALTRANS REGARDING
STATE HIGHWAYS 70 & 162
Clay Castleberry, Director of Public Works,reported on transportation
planning routes of statewide significance. He stated that the State Department
of Transportation reported that Highways 70 and 162 would be shown as minor
arterials, or route of no significance. Report from the State discussed,
On motion of Supervisor McKillop, seconded by Supervisor Ladd and
unanimously carried, a letter was authorized to written to the County`s
legislators and to Caltran opposing the statements that Highways 70 and I62
are not routes of significance.
74-1432 AUTHORIZE PAYMENT OF BILL FOR TILE FOR PARADISE IfEMORIAL HALL
Mr. Castleberry stated that on April 16, 1974 the Board agreed
that some acoustical the be placed on the ceiling at the Faradise Memorial
Hall. The the cost about $2500 and was not budgeted. An organization in
P~.radise installed the the but the County was to pay for the tile.
On motion of Supervisor Cameron, seconded by Supervisor McKillop
and unanimously carried, authorization was granted for the payment of file
installed at .the Paradise Memorial Hall, and authorized that the money be
transferred from the reserve for this payment.
74-1433 PUBLIC HEARINGS SET at 2:00 p.m.
Public hearings were set for October 22, 1974/on the following:
1. Butte County Planning Commission initiated - rezone all
publicly owned properties in the Paradise area to P-Q.
2. Western National Investment Corporation - rezone from A-R to
R-3 for property located on the south side of Lassen Avenue west of Highway 99,
Chico, approximately 9 acres.
3. William Edward Baker - rezone from G 1 to C-2 property located
on the aorth side of Nord Avenue, approximately 245' west of Columbus Avenue,
Chico, approximately '~ acre.
4. Thomas R. & Jane Chase - rezone from interim RT-1 to permanent
RT-I for property located on both sides of Warren Rd., west of Clark Rd.,
Paradise, containing approximately 26 acres.
5. Ralph Beeme~ - extension of interim zone of RT-1 for property
located at the Paradise Pines Country Club Estates, Paradise Pines, Sierra
Del Oro & Fir Haven Subdivision and The Village, Paradise.
74-1434 TENTATIVE MAPS FOR CONSIDERATION APPROVED
Tentative parcel maps recommended for approval by Planning
Commission discussed. Maps of Ivan Cunningham and for Tony Santos
discussed. Mr. Lawson said he would check these maps to see if they are in the
interim zoning area.
Page 279.
September 24, 1974
---- _____ __September 24:1974______________
------------- - - - --aud-
it was moved by Supervisor Gilman,/seconded by Supervisor Cameron
that the following tentative parcel maps recommended for approval be approved,.
with the deletion o£ the Ivan Cunningham, AP 63-11-O1, 2 Lots, north of Robert
E. Lee Br. & Forest Ranch, and the Tony Santos, AP b3-11-11, AP b3-15-22,
2 lots, north-east corner of Hwy. 32 and Robert E. Lee Dr., Forest Ranch,
subject to the conditions, and with the note that negative Environmental
Impact Reports have been filed:
Zoned AR-N1Ii & C-1 Harry Carnahan, AP 36-29-08, 2 lots,
south of Kusel Rd., between Lincoln
Blvd. & Cus ter Lane .
Pursuant to the requirements of Section 20.3 of the Butte
County Cody, the tentative parcel map of the above property
has been reviewed by the Butte County Subdivision Committee
and the Planning Commission.
The Subdivision Committee and the Planning Commission re-
commends approval of the tentative map, subject to the
following conditions:
1. Provide a 100' septic tank setback on both sides of the
creek.
2. Deed to the County of Butte 40' right-of-way measured
from the centerline of Lincoln Blvd.
3. Indicat° a 50' building setback ling measured from the
centerline of Custer Lane.
4. Indicate a 55' building setback line measured from the
cent~rlin= of Lincoln Blvd.
r
5. Reserve 20' drainage casement ~ ..~'ti~ ~~ the creek.
6. No further division of Parcel 2 until 6D' right-of-way
is provid=d.
A Negative Declaration Regarding Environmental Impact was
filad with the County Clerk on August 26, 197d.
Zoned A-3 Robert ~~. & Joan Fitzgerald, AP 25-17-31, 2 lots,
southwest corner Cox Lars, & Stimpson Rd. east of
Gridlay. i;ngineer: Y.endall Engineering
Pursuant to th= r~c!uirements of Section 20.3 of the Butts County
Code, the tentative parcel map of the above property has been
reviewed by the Butte County Subdivision Committee and the Planning
Commission.
The Subdivision Committ~~ and the Planning Commission recommends
approval of the twntative map, subject to the following conditions:
1. That the parcel on the south ba no lass than 5 acres.
2. provide a 50' septic tank setback on both sidas of drainage
swats .
Page 2841.
September 24, 1974
_______--====~e$tember 24s 1974=====-==------
3, D=_ed to the Cowzty of Butte 30' right-of-way from the centerline
of Cox Lane and Stimpson Rd.
~~~d
4. 1Pra~la a 20' radius return.
5. Provida a 2~' c?rainaga ~aspment.
6. Indicate a 50' building s~taack from the centerline of Cox Lane
and Stimason nd.
A Negative Declaration P.egarding Environmental Impact was filet] with
the County Clerk on August 26, 1974.
Zoned A-2 Roy E. LaFaver, AP 22-20-02, 4 lots, northwest corner
Hastings Ave. & Hwy 99E, Biggs. Engineer: D. R. Roper
Pursuant to the requirements of Section 20.3 of the Butte County
Code, the tentative parcel map of the above property has been re-
view~d by the Butte County Subdivision Committee and the Planning
Com*~ission .
The Subdivision Committee and the Planning Commission recommends
approval of the tentative map, subject to the following conditions:
1. Deed to the County of Butts 40 ft. right-of-way from the centerline
of Hwy 99E .
2. Deed to the County of Butte 30 ft. right-of-way from the centerline
of Hastings Ave.
~~d
3. ~ a 20 ft. radius return.
4. Indicate a 55 ft. building setback from the centerline of Hwy 99E.
5. Indicate a 50 ft. building setback from the centerline of Hastings
Avenue.
A iJ~gativ~ Declaration R_garding Environmental Impact was filed with
the County Clerk on August 26, 1974.
Zoned A-2 Robert E. & Florence Braun d, AF 2&-•07-06, 2 lots,
northeast corner Messina and Irwin Ave., Palermo.
SurveXor: grant Elliott
Pursuant to the requirements of Section 2f1.3 of the Butte County
Code, the tentative pare°1 map of the above property has been re-
viewed by the Butte County Subdivision Committee and the Planning
Commission.
The Subdivision Committee and the Planning Commission recommends
approval of the tentative map, subject to the following conditions:
1. Combine Parcels 2 & 3.
Page 281.
September 24, 1974
September 24, 1974
2. Provides a I00 ft. septic tank frame setback on both sides of
irrigatipn~ditch.
3. Provide a 50 ft. sceptic tank free setback from the drainage
ditch on Trwin Ave.
4. Deed to the County of Butte 40 ft, right-of-way from the cent~r-
line of Irwin Ave.
5. Died to the County of Butte 30 ft. right-of-way from the center-
lin~ of Messina Ave.
6. Indicate Palermo irrigation ~
7. Indicate a 50 ft, building setback frcim the centerline of r-4essina
and Ircain Ave .
A negative Declaration Pegarding Environmental Impact was filed with
the County Clark on August 26, 1974.
Motion discussed. Tabled until after noon recess.
RECESS: 12:00
RECONVENED: 1:15
Roll call on motion.
AXES: Supervisors Cameron, Gilman, Ladd, McKillop and Chairman Madigan.
74-1435 TENTATIVE PARCEL MAP RECOMMENDED FOR DENIAL: AGTION PUT OVER ONE WEEK
The tentative parcel map of R. M. Anderson, AP 7i-24-18, 4 lots,
south side o£ Bean Creek Road, east of Rockerfeller Rd., northeast of Oroville,
recommended for denial discussed. Supervisor McKillop stated he would like
this put over one week. Supervisor Ladd said he had looked at the site.
Condition requiring the access to the building sites discussed.
Action on map put over one week.
On motion of Supervisor McKillop, seconded by Supervisor Ladd and
unanimously carried, action on the R. M. Anderson tentative parcel map put
over one week.
74-1436 DISCUSSION:CaNSTRUCTION OE~_P80POSED JUVENILE HALL
Supervisor Cameron and Supervisor Ladd met with the Architectural
Committee for the proposed Juvenile Hall yesterday. They felt the information
should be brought to the Board.
Loran Ward, architect, set out the proposed plans for the project.
The facility would provide rooms for 40 boys and 15 girls. There will be
four classrooms, they have provided for recreation areas.
Plans for the building set out and discussed. Remodeling of the
existing facility explained and discussed. They have included a completely
remodeled kitchen. It had been discussed that the food for juvenile would
be supplied through the Sheriff's Department. The two wings that would house
the occupants set out. Page 282.
September 24, 1974
_____ _________~eptemhe~24~19Z4=====_________
Mr. Ward stated that every attempt has been made to cut costs.
There will be plenty of security, They have deducted the kitchen and
equipment for the kitchen in the plans, making a total of $100,000 that
could be reduced from the total construction costs. Mr. Ward stated he
would leave his report and the documents with the Board and he hoped that
the Board mould study them. He felt that the sooner the County puts this
out to bid, the better.
Area for the school classrooms discussed. It is quite large. Ramp
discussed. Supervisor Ladd wondered if these costs would be justified.
Supervisor Cameron stated he felt that stairs would be more dangerous than
a ramp. Supervisor Cameron stated that the committee had reached a point
that they felt the Board should be made aware of what was being proposed.
Chairman Madigan thanked Mr. Ward for his presentation. Supervisor
Gilman said he would like to think about the plans and the costs for a week
prior to taking action.
Action on this item and an the Revenue Sharing Committee
recommendations put over at this time.
74-1437 PUBLIC HEARING: PROPOSED ORDINANCE AMENDING AGRICULTURAL BURNING
CULDELI'?ES BURNING OF RICE STRAW: BOARD SITTING AS AIR POLLUTION CONTROL DISTRICT
The Board of Supervisors sat as the Air Pollution Control District to
hold the public hearing on proposed ordinance amending agricultural burning
guidelines, burning of rice straw. Dan Blackstock, County Counsel, set out
the background of this matter. Mr. Mackessy explained the rules and regulations.
Mr. Mackessy said there has been a study of rice straw burning made
by the University of California. The Regional Coordination Council has
adopted these new amendments. What these new amendments do is they have
taken rice straw burning and placed it in a category by itself. The rice
harvestors will employ a mechanical straw spreader. Drying time after
harvest is three days. Procedures to be followed explained by Mr. Mackessey.
The Agricultural Burning Committee has reviewed this amendment.
Regulations discussed.
Hearing opened to the public. Appearing: no one.
Hearing closed to the public and confined to the Board.
Supervisor Gilman said it would be his suggestion to leave the
hearing opened for two weeks to give the public a chance to respond. He is
in agreement but felt there should be a chance for public in-put,
Hearing continued for two weekse
74-1438 PUBLIC HEARING: APPEAL OF WALTER ROACH, CHICO-USE PERMIT FOR A SAWMILL
FOR ROBERT BREMMER, APPROVED BY PLANNING
The public hearing on the appeal of Walter Roach, Chico concerning
use permit for a sawmill for Robert Bremner, which was approved by Planning
was held at this time as advertised. Jim Lawson, Planning Director, summarized
the action of the Planning Commission in this matter, This was recommended for
approval by the Planning Commission.
Hearing opened to the public.
The Clerk read a letter from Juner Bellow in objection to this
use permit. Page 283.
September 24, 1974
September 24, 1974
Appearing in opposition:
1, Mrs. Camille Stutz, P.O. Box 26, Chico. She stated that
Walter Roach had appealed this use permit but his sister died Sunday and
he was unable to attend this hearing. She set out the location of the
Bremmer property and the property of the other residents. A petition had
been filed with the Planning Commission opposing this use permit. The
Cohasset Community Association had expressed opposition to this use.
2. Mr. Green, representing Mr. and Mrs. Holtzman. They
have made plans for retirement and they oppose having a sawmill next to
their property.
3. John Stutz. He set out his objections to the use permit.
4. Mr. Donald W. Dunn. He opposes the granting of the use
permit for the saw mill.
Appearing in favor:
property.
1. Robert Lee Bremmer. He explained his plans for Leis
Hearing closed to the public and confined to theBoard.
Mr, Lawson had letters to the Commission that he read.
Use permit discussed. Chairman Madigan stated that in view of the Planning
Commission's recommendation, what was the feeling of theBoard regarding
the granting of this use permit.
On motion of Supervisor Ladd, seconded by Supervisor Gilman and
carried, the Planning Commission's recommendation was sustained and the use
permit for a sawmill for Robert Bremmer was approved,
RECESS: 2:55
RECONVENED: 3:04
74-1439 DISCUSSION: SUPERIOR COURT BUILDING: ARCHITECTURAL CONTRACT
Gene McFarren, architect, was present at this time to discuss
the claim for additional costs for the Superior Court Building. He had
a copy of a letter sentto Dan Blackstock regarding this claim, ,3e has
given extended services in this matter; this claim does not involve
the roof. There is still litigation on the roof involving Neves Construction
Company. Supervisor McKillop stated that the architect was still responsible
for the roof. Mr. McFarren stated they were requesting these additional funds
because of the additional time that they have spent an this building.
Request discussed. Supervisor Ladd said he has never known a
architect to request additional fees for these services. Supervisor McKillop
felt that it might be best for theCounty Counsel to review this request and
bring back his documentation and recommendation next week.
Request put over one week.
74-1440 PUBLIC HEARING: APPEAL DECISION OF SUBDIVISION ACT SUBC01@4IT~$E DENYING
CERTIFICATE OF COMPLIANCE IN RE MR. WELLS AND MR. NEFF
The public hearing on the appeal of decision of Subdivision Act
Subcommittee denying certificate of compliance in re Mr, Wells and Mr, Neff
was held at this time.
Page 284.
September 24, 1974
September 24, 1974
Mrs. Bettye Blair representing the Planning Commission, presented
written data on this matter to the Board members. She set out an ?ceded
view of the property involved.
Mrs. Blair gave a brief summary of the review of this violation.
1t was referred to the Commission by the Department of Public Works. The
committee held a prelimenary review. On May 13th they made a determination to
hold hearings on these parcels. There was participation at the hearings.
On August 5th they made the determination of the violation.
Brian Rix, deputy County Counsel, presented the following documents
which were marked as evidence:
Exhibit No. i •• As esslor's Parcel Map, setting out the parcels.
No. 2 - A/~ree yrepresenting the parcels in question,
beginning with L. E, and M. M, Gunter
No. 3 - Overlay map of Gunter parcel
4 ~~ n ~r Kemen ~r
5 - " " " Wells, Neff, McLaughlin and Neff properties
6 - '.' " " Kikau parcel
7 " " " giant' parcels beginning with Neff
8 Map showing the lines of demarkation of the building
permits
Hearing opened to the public.
Appearing:
1. Mr. Palmer Hatch from the law office of Philip Houx, and
representing Mr. Wells and Mr. Neff. He said the burden of proof was with the
County of Butte; he felt the burden of proof was not made at the hearing.
He set out the background of the purchase of this property and their application
for building permits. They applied for sanitation permits from the Health
Department and were issued these permits. He offered the permits into
evidence; they were marked as applicants Exhibits No. 1 through 17. Sewage
disposal permits were offered into evidence as Applicants Exhibits 18 through 22.
It was stipulated that there were the same number of sewage permits
as there are building permits.
After the permits were issued, Mr. We11s commenced construction.
The County stopped the construction, stating that they were in violation.
They feel that the costs of construction that was done on this property are
now dead costs. They cannot complete the construction. Mr. Wells has had
to seek employment elsewhere. They feel that the County's action in halting
of the construction constituted the taking of this property.
Mr. Wells testified at this time. He explained the matter of
the issuance of the building permits. There were 8 homes completed and
three foundations for other homes. .john Hamby did the survey work.
McCain & Associates did the feasibility study. He did not believe he had
done anything wrong.
Mr. Rix questioned Mr. Tdells at this time. Mr. Wells was questioned
by the Board members. Mr. Rix presented the deeds regarding Chese parcels
to be entered as evidence in this matter.
Mr. Hatch statedit~h?n~ti at the hearing he had attended, Mrs. Blair
and her staff looked at the~cre~ and gave no reason for the denial based on
Page 2$5.
September 24, 1974
September 24,, 1974
family
the/tree. He believes this is insufficient to take Mr. We11s property.
If ~4r. GTells cannot use the property, it means the property has been taken
from him. Mr. Lawson stated that the issue at this hearing is whether the
statute has been violated.
Mrs. Blair presented the following evidence:
Grant Deeds:
Exhibit No. 9, tras fer from Gunter to Gunter, Jr.
10, transfer fro.: Gunter to Munjar
11, transfer from Kemen to James Mc Laughlin, et al
12, transfer from Kemen to Ronald M. Neff and Mary L. Neff
13, transfer from " to Jess P. We11s and Barbara Wells
14, transfer from " to Ronald M. Neff
15. transfer from " to Laughlin
16, transfer from " to Wells
17. transfer from McLaughlin to Kenneth L. Wells and Betty
We11s
Supervisor Gilman stated that the date lines were all the same.
Mr. Wells explained how the parcels were created. Mr, Wells explained
why they handled the lot split as they did handle it.
Mrs. Blair explained the documents that she would like to be
taken into evidence. Mr, Lawson did not feel that his staff could prepare
a summarization of this matter.
Time spent discussing the matter of the deeds and the transfers
of the parcels. Supervisor Gilman said it appears that there is a
possibility that there was some intention to move around the subdivision
map act.
Mr. Hatch proposed that this matter be continued and he could meet
with Mrs. Blair and Mr. Rix to see if the matter could be resolved.
Mr. Lawson said if the hearing was continued he would like to have a deputy
from Sacramento sit in on the meeting.
Supervisor Ladd said he does not have euo•igh evidence here to make
a decision. Supervisor McKillop said he would like to have the matter
continued and have a representative from Sacramento examine the evidence.
It teas moved by Supervisor Gilman, seconded by Supervisor Cameron
and carried, that this Board concur with the Subdivision Act Subcommittee and
deny the appeal.
AYES: Supervisors Cameron, Gilman and Chairman Madigan
NOES: Supervisors Ladd and McKillop
74-1441 PUBLIC HEARING: INTENTION TO ABANDON PUBLIC UTILITIES EASEMENT ALONG NORTH
BOUNDARY OF LOT 166 OF PARADISE PINES SUBDIVISION, UNIT N0, 2;
ADOPT RESOLUTION 74-137 ORDERING SAID ABANDONPSENT
The public hearing on the intention to abandon public utilities
easement along north boundary of Lot 16b of Paradise Pines Subdivision, Unit
No, 2 was held as advertised. Mr. Lawson gave the background of the request
for this abandonment.
Hearing opened to the public.
Appearing in favor: no one. Appearing in opposition: no one.
Page 286.
September 24, 1974
_______~_T___=September 2411974_____________
Hearing closed to the public.
On motion of Supervisor Cameron, seconded by Supervisor Gilman
and unanimously carried, Resolution 74-137 abandoning public utilities easement
along north boundary of Lot 166 of Paradise Pines Subdivision, Unit No. 2 was
adopted and the Chairman was authorized to sign.
74-1431 PUBLIC HEARING: PETITION FOR VARIANCE FOR MOBILE HOME - WILLIAM C. KLEISNER
The public hearing to consider the petition for variance far mobile
y home filed by William C. Kleisner was held as advertised. Zoning for the
(~ 0 area discussed. The application was approved by the Health Department.
I Hearing opened to the public. Appearing in opposition: no one.
Appearing in favor: no one. Hearing closed to the public and confined to
the Board for action.
On motion of Supervisor Ladd, seconded by Supervisor Gilman and
unanimously carried, the petition for variance for mobile home filed by
William C. Kleisner was approved on a yearly basis.
74-1432 PUBLIC HEARING: JAMES LA FORCE~USE PERMIT TO ALLOW A MI MATURE GOLF COURSE,
RECREATION BUILDING ANA POSSIBLE FUTURE SNACK BAR ON PROPERTY ZONED "A-2", WEST
SIDE OF ESPLANADE APPR07~IMATELY 2000 FEET NORTH OF GARNER LANE CHTCO
The public hearing on the James LaForce-use permit to allow a
miniature golf course, recreation'6bteiiding and possible future snack bar on
property zoned "A-2", west side of Esplanade, approximately 2000 feet north
of Garner Lane, Chico was held as advertised. Mr. Lawson set out the
background of the use. A letter was received from Alan Burchett, Goldstein,
Barceloux & Goldstein law office, requesting a continuance of this hearing.
Hearing continued to October 22, 1974 at 2:00 p.m.
74-1433 PUBLIC HEARING: ROBERT G. RODRTGUES: REZOiQE FROM A-R to AR-MH PROPERTY
LOCATED ON SOUTH SIDE OF LOWER WYANDOTTE ROAD. SOUTH OF OROVILLE
The public hearing on the Robert G. Rodrigues rezone from A-R to
AR-MH for property located on south side of Lower Wyandotte Road, south of
Oroville, was held as advertised. Mr. Lawson stated that Planning Commission
recommended denial of this rezoning.
Hearing opened to the public.
Appearing-opposition; Mrs. Ina Mae Richardson, Lower Wyandotte Road.
She stated that the residents had presented a petition to the Planning Commission
requesting denial of this request. The people are still opposed to this
rezoning. They prefer not to have mobile homes in the area.
Appearing in favor: Mr. Robert G. Rodrigues, applicant. He
stated he was in the process of moving onto the property a double wide
mobile home. He would like to have his father-in-law on a 5-acre parcel
of the property. They have the leach lines in and a septic tank and well.
He said that he understands that if he rezones to an A-3 he would be able
to have mobile homes on a 5-acre parcel. He said he would like to have the
A-3 classification.
Rezoning of the property discussed. Supervisor Ladd asked Mr. Lawson
if this were to be referred back to the Planning Commission to consider A-3,
would this man have to start from scratch. County Counsel explained how this
could be handled.
Page 287.
September 24, 1974
__=_TT==____September 24= 1974______________
Supervisor McKillop suggested sending the rezoning request back
to the Planning Commission with a recommendation that A-3 or A-10 be
considered, and that the fee be waived. Mrs. Richardson said she felt that
the people in the area would have no objection to the A-10 zoning.
action.
Hearing closed to the public and confined to the Board for
On motion of Su~,ervisor McKillop, seconded by Supervisor Ladd and
unanimously carried, the Robert G. Rodrigues rezoning was referred back to
the Planning Commission with the recommendation that "A-10" zoning be considered
and that the fee be waived.
74-1434 ADOPT ORDINANCE N0. 1491, REZONE FROM A-R TO AR-MH, PROPERTY LOCATED
ON SOUTH SIDE OF OAK KNOLL WAY & ALSO PROPERTY BETWEEN V-6 ROAD & QAK KNOLL WAY,
ALL WEST OF OROVTLLE
On motion of Supervisor Ladd, seconded by Supervisor Gilman and
unanimously carried, the second reading of the ordinance rezoning from A-R
(agricultural-residential) to AR-MH (agricultural-residential-mobile home)
for property located on the south side of Oak Knoll Way and also property
between V-6 Road and Oak Knoll Way, all west of Oroville Bangor Road and
V-C Road, containing approximately 39 acres, Oroville was waived, Ordinance No.
1491_approving said rezoning was adopted and the Chairman was authorized to
sign.
74-1435 ADOPT ORDINANCES N0. 1492, 143, 14J4, 1495, 149b and 1497, REZONE OF THE
MAGALIA-DESABLA WATERSHED AREA AND ADOPT ORDINANCES 1498 and 1499, REZONE OF
THE WEST CHICO AREA AND ORDINANCE N0. 1500 S-1 FOR LARICIN ROAD, GRIDLEY
Rezoning for the Magalia=DeSabla watershed, area discussed.
Mr. Blackstock explained the problem of the TM-160 zoning; this is an interim
zone. Since it is in one ownership, he would suggest that the TM-160 zoning
be deleted from this rezoning and considered at a different time. The Board
approved the deleting of the TM-160 zoning for this area at this time.
On motion of Supervisor Gilman, seconded by Supervisor Ladd and
unanimously carried, the second reading of the ordinances rezoning the Magalia
DeSabla watershed area and the West Chico area were waived, the following
ordinances adopted and the Chairman was authorized to sign:
Magalia-DeSabla Watershed area
Ordinance No. 1492 - Amending County Ordinance Noo 1351 consolidating
"P-Q" (Public-Quasi-Public) Districts
1493 - Zoning a portion of the County a TM-1 (Timber-
Mountain} District
1494 - Zoning a portion of the County a TM-2~ District
1495 - Zoning a portion of the County a TM-5 District
149b - Amending Ordinance No. 1472, consolidating
Timber-mountain) Districts
"TM-20" (
_
1497 - Zoning a portion of the County a TM-40 (Timber-
Mountain) District
West Chico area:
1498 - Zaning a portion of the County an "A-10"
(agricultural) District
1499 - Zoning a portion of the County an "S-2"
(suburban-residential) District
Gridley area
150fl - Rezone to S-1 District for property on the
east side of Larkin Road, south of Evans-Reimer
Road, Gridley
Page 288.
September 24, 1974
_____= J______September~24,_1974__=___==__~W_ __
74-1436 INFORMATION & DISCUSSION ITEM, PIAbTAIING: COMMITTEE APPOINTED TO STUDY
OPEN SPACE ELEMENT
Letter from Mr. Hoole, Chico City Planner, discussed. Mr. Lawson
said he would check on this item and would report back next week.
Tentative parcel maps of Santos and Ivan Cunningham discussed.
Mr, Lawson stated that they ~•~ere in the interim zoning area. They could
be held over one week, Mr. Lawson will attempt to se.•^-ure a waiver on these
maps. Maps put over one week for action,
Letter of appeal from Bob Tucker for rezoning of Warren Road
area in Paradise discussed. To be discussed next week.
Supervisor McKillop asked the Chairman when he was going to
appoint the committee to consider the open space element. Appointment of
committee discussed. Chairman Madigan appointed Supervisors McKillop and
Gilman as the co~muittee to study the open space element of the General
Plan and to bring back a recommendation to the Board for direction to be
given to the Planning Commission.
ADJOU1tNMENT:
There being nothing further before the Board at this time, the
meeting was adjourned at 5:2D to reconvene on Tuesday, October 1, 1974 at
9:00 a.m.
ATTEST: CLARK A. NELSON, COUNTY CLERK
By: r ~ airman of the Board
Board of 5 ervisors Clerk
Page 289.
September 24, 1974